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DICTIONARY 



V. 



Off 



GREEK AND ROMAN ANTiaUITIES. 



EDITED BY WILLiAM SMITH, Ph D. 



AND ILLUSTRATED BY NUMEROUS ENGRAVINGS ON WOOD. 



EfurTi American Section, Carefully &c&fseTr. 



AND 



CONTAINING NUMEROUS ADDITIONAL ARTICLES RELATIVE TO THE BOTANY. MINERALOGY. 

AND ZOOLOGY OF THE ANCIENTS. 



BY 



CHARLES ANTHON, LL.D, 



PROFESSOR OF THE GREEK AND LATIN LANGUAGES IN COLUMBIA COLLEGE, NEW-TORK, AND 

RECTOR OF THE GRAMMAR SCHOOL. 



NEW YORK: 
HARPER & BROTHERS, PUBLISHERS, 

FRANKLIN SQUARE. 

18 78. 



$1' 



Entered, according to Act of Congress, in the year one thousand 
eight hundred and forty-three, by 

Charles Antiion. 

Ill the Clerk's Office of the District Court of the Southern Distnof 

of New York. 

BY TRANSFER 



• • i 



fID 



WILLIAM B. ASTOR, ESQ 



LH aLUM.XUS of our common alma mater, and a striking proof how greatly 

AS UNCEASING ATTACHMENT TO CLASSICAL STUDIES TENDS TO ELEVATE 
AND ADORN THE CHARACTER OF THE AMERICAN MERCHANT, 



Ehiu OTorft fa Xngcrfteto, 



BY 



HIS FR1EN D A TC D WELL-WISHB R, 



<Kt^» «*a 



y , 



y 



PREFACE 

TO THE AMERICAN EDITION 



The merits of the present work are so fully set forth in the preface of the London 
editor as to render any additional remarks on this subject almost unnecessary. The 
student has here a guide to an accurate knowledge of Greek and Roman Antiquities, 
before which the meager compilations of Potter and Adams must sink into utter in 
significance ; and he is put in possession of a vast body of information in a most 
interesting department of study, which it might otherwise have cost him the labour 
of a whole life to accumulate. All the most recent and valuable discoveries of the 
German scholars are here placed within his reach, and there is nothing to prevent 
their speculations becoming as familiar to him as household words. The work is, in 
trutii, a German one in an English garb, and will be found to contain all that luiness 
and accuracy of detail for which the scholars of Germany have so ,long and justly 
been celebrated. It is equally intended, also, for the general reader, and as a work 
of popular reference will be found to be invaluable, not only from its accuracy of 
research, but from the wide field over which it ranges. In a word, the present voh 
ume supplies what has long been felt as a great desideratum in English literature. 

In order to render the work, however, if possible, still more useful, the American edi- 
tor has added a large number of articles relative to the Botany, Mineralogy, and Zoolo- 
gy of the ancients, topics interesting and curious in themselves, and which, it is con* 
ceived, fall naturally within the scope of such a work as the present one. The contri- 
butions by the American editor are distinguished from those of the English writers by 
having an asterisk prefixed. In preparing them, the editor has availed himself of vari- 
ous sources of information, but more particularly of three, which it affords him great 
pleasure to mention here. The first is the Collection of Scientific and other Terms, by 
his learned friend, Francis Adams. Esq., of Scotland, and which has appeared as an Ap- 
pendix to the Greek Lexicon of Professor Dunbar. It embraces the opinions, not only 
of the ancient naturalists, but of the most celebrated, also, among the moderns, and has 
afforded the American editor the most numerous, as well as the richest materials for 
his labours. The second source whence information has been obtained on various 
topics connected with the natural history of the ancients is the noble edition of Cu- 
vier's Animal Kingdom, by Griffith and others, in 16 volumes, 8vo, a work full' of 
curious learning, and replete with interesting observations on the naturalists of an 
tiquity and the opinions entertained by them. On the subject of Ancient Mineralogy, 
the editor acknowledges himself deeply indebted to the excellent work published 
some years ago by Dr. Moore, at that time Professor of Ancient Languages in Co- 
lumbia College, now President of that institution, and he takes the greater pleasure 
in stating his obligations to the labours of this distinguished scholar, since it affords 
him, also, the opportunity of congratulating his Alma Mater on having her highest 
office filled by one so well qualified to advance her best interests, and to gain for her 
the esteem and approbation of all who wish her well. 

As regards the general appearance of the work, some changes of form have been 
made which may here be enumerated. In the English edition, the articles relating 
to Grecian Antiquities have their heading in Greek characters. This, although no 
obstacle, of course, to the student or professed scholar, is a serious impediment in 
the way of the general reader, and might mar the popularity of the work. To guard 
against such a result, great care has been taken to change all the headings of the 
Greek articles (except such as relate to legal matters) to Roman characters, while, 
at the same time, in order to satisfy the scholar, the Greek title is written immedi- 
ately after the Roman. Should any words, by this arrangement, be thrown out of 
the alphabetical order, their places can be discovered in an instant by the General 
Index at the end of the volume. In the English edition, again, the references and 
authorities are given in the body of the article, a plan calculated to deter the general 
reader, and which, at best, is one of verv doubtful propriety, since it mars the ap 



v% 



n PREFACE. 

pearance of an English sentence, and destroys, in some degree, its continuity. Thta 
is remedied in the American edition by throwing all the authorities into foot-notes 
at the bottom of the page, an arrangement so natural, and, withal, so convenient, that 
it is surprising it should not have been adopted by the English editor. 

Another blemish in the English edition is the plan of appending to each article the 
initials of the writer's name, which, to say the least of it, gives a very awkward and 
clumsy appearance to the page. In the American edition a different arrangement is 
adopted. A full reference is given at the end of the volume to the different articles 
furnished by the different contributors, and these are so classified that it can be as- 
certained at a glance what portions have been supplied by each. This, indeed, gives 
the American a decided advantage over the English edition. 

We have remarked above, that the present work is intended to supersede the com- 
pilations of Potter and Adams. In order to facilitate this most desirable change, an 
Index Raisonne has been appended to the volume, in which the whole subject of 
Greek and Roman Antiquities is classified under appropriate heads, so that, by means 
of this index, the present work, though having the form of a Dictionary, may be 
made, with the utmost ease, to answer all the purposes of a College text-book. No 
conscientious and honest instructer, therefore, can hesitate for an instant between 
the work which is here presented to him and the ordinary text-books of the day. 
In the preparation of the indexes, and, indeed, in the arrangement of the entire 
work, the editor has to acknowledge the valuable aid of his friend, Mr. Henry Drisler, 
sub-rector of the Grammar-school of Columbia College, to whose accuracy and faith- 
ful care the previous volumes of the Classical Series are so largely indebted. 

Before concluding the present preface, it may be proper to remark, that in a 
review of Mure's Tour in Greece, which appeared in the London Quarterly for 
June, 1842, mention is made of an ancient bridge, discovered by that traveller 
in Laconia, which the reviewer thinks disproves an assertion made in the present 
work relative to the arch, namely, that the Romans were undoubtedly the first peo- 
ple who applied the arch to the construction of bridges. The bridge discovered 
by Mr. Mure, over a tributary of the Eurotas, was regarded by him as a work of the 
remotest antiquity, probably of the heroic age itself; and he even goes so far 
as to suppose that either Homer himself or Telemachus may have crossed this 
bridge in travelling into Laconia! The visionary nature of such speculations must 
present itself to every mind ; and we have preferred, therefore, waiting for farther 
information on this subject, and allowing the article in the Dictionary to remain un- 
altered. Mr. Mure's Homeric bridge may be found at last to be as modern a struc- 
ture as Fourmont's temple of the goddess Oga or Onga, near AmyclaB, supposed to 
have been built about 1500 B.C., but which Lord Aberdeen proved to be a modern 
Greek chapel ! 

•CcJumbia College, Februar; 13, 1843. 



.PREFACE 

TO THE LONDON EDITION. 



The study of Greek and Eoman Antiquities has, in common with all other plulo 
ogical studies, made great progress in Europe within the last fifty years. The 
earlier writers on the subject, whose works are contained in the collections of Gro- 
oovius and Grsevius, display little historical criticism, and give no comprehensive 
view or living idea of the public and private life of the ancients. They were con- 
tented, for the most part, with merely collecting facts, and arranging them in some 
systematic form, and seemed not to have felt the want of anything more : they wrote 
about antiquity as if the people had never existed : they did not attempt to realize 
to their own minds, or to represent to those of others, the living spirit of Greek and 
Roman civilization. But, by the labours of modern scholars life has been breathed 
into the study: men are no longer satisfied with isolated facts on separate depart- 
ments of the subject, but endeavour to form some conception of antiquity as an 
organic whole, and to trace the relation of one part to another. 

There is scarcely a single subject included under the general name of Greek and 
Roman Antiquities which has not received elucidation from the writings of the 
modern scholars of Germany. The history and political relations of the nations of 
antiquity have been placed in an entirely different light since the publication of Nie- 
buhr's Roman History, which gave a new impulse to the study, and has been suc- 
ceeded by the works of Bockh, K. O. Muller, Wachsmuth, K. F. Hermann, and other 
distinguished scholars. The study of the Roman law, which has been unaccountably 
neglected in this country, has been prosecuted with extraordinary success by the 
great jurists of Germany, among whom Savigny stands pre-eminent, and claims our 
profoundest admiration. The subject of Attic law, though in a scientific point of 
view one of much less interest and importance than the Roman law, but without a 
competent knowledge of which it is impossible to understand the Greek orators, has 
also received much elucidation from the writings of Meier, Schomann, Bunsen, Plai- 
ner, Hudtwalcker, and others. Nor has the private life of the ancients been neglect- 
ed. The discovery of Herculaneum and Pompeii has supplied us with important 
information on the subject, which has also been discussed with ability by several 
modern writers, among whom W. A. Becker, of Leipzig, deserves to be particularly 
mentioned. The study of ancient art likewise, to which our scholars have paid littU 
attention, has been diligently cultivated in Germany from the time of Winckelmanr. 
and Lessing, who founded the modern school of criticism in art, to which we are 
indebted for so many valuable works. 

While, however, so much has been done in every department of the subject, no 
attempt has hitherto been made, either in Germany or in this country,- to make the 
results of modern researches available for the purposes of instruction, by giving 
them in a single work, adapted for the use of students. At present, correct infor- 
mation on many matters of antiquity can only be obtained by consulting a large 
number of costly works, which few students can have access to. It was therefore 
thought that a work on Greek and Roman Antiquities, which should be founded or 
a careful examination of the original sources, with such aids as could be derived 
from the best modern writers, and which should bring up the subject, so to speak, 
to the present state of philological learning, would form a useful acquisition to all 
persons engaged in the study of antiquity. 

It was supposed that this work might fall into the hands of two different classes 
of readers, and it was therefore considered proper to provide for the probable wants 
of each, as far as was possible. It has been intended not only for schools, but also 
for the use of students at universities, and of other persons, who may wish to obtain 
more extensive information on the subject than an elementary work can supply 
Accordingly, numerous references have been given, not only to the classical authors 
but also to the best modern waiters, which will point out the sources of information 
on each subject, and enable the reader to extend his inquiries farther if he wishes 



nii PREFACE. 

A.t the same time, it must be observed, that it has been impossible to give at the end 
of each article the whole of the literature which belongs to it. Such a list of works 
as a full account of the literature would require would have swelled the work much 
beyond the limits of a single volume, and it has therefore only been possible to refer 
to the principal modern authorities. This has been more particularly the case with 
such articles as treat of the Roman constitution and law, on which the modern wri- 
ters are almost innumerable. 

A work like the present might have been arranged either in a systematic or an 
alphabetical form. Each plan has its advantages and disadvantages, but many rea- 
sons induced the editor to adopt the latter. Besides the obvious advantage of an 
alphabetical arrangement in a work of reference like the present, it enabled the edi- 
tor to avail himself of the assistance of several scholars who had made certain de- 
partments of antiquity their particular study. It is quite impossible that a work 
which comprehends all the subjects included under Greek and Roman Antiquities 
can be written satisfactorily by any one individual. As it was therefore absolutely 
necessary to divide the labour, no other arrangement offered so many facilities for 
the purpose as that which has been adopted ; in addition to which, the form of a 
Dictionary has the additional advantage of enabling the writer to give a complete 
account of a subject under one head, which cannot so well be done in a systematic 
work. An example w r ill illustrate what is meant. A history of the patrician and 
plebeian orders at Rome can only be gained from a systematic work by putting 
together the statements contained in many different parts of the work, while in a 
Dictionary a connected view of their history is given, from the earliest to the latesi 
times, under the respective words. The same remark will apply to numerous other 
subjects. 

The initials of each writer's name are given at the end of the articles he has writ 
ten, and a list of the names of the contributors is prefixed to the work. It may be 
proper to state, that the editor is not answerable for every opinion or statement 
contained in the w r ork : he has endeavoured to obtain the best assistance that he 
could; but he has not thought it proper or necessary to exercise more than a gen- 
eral superintendence, as each writer has attached his name to the articles he has 
written, and is therefore responsible for them. It may also not be unnecessary to 
remark, in order to guard against any misconception, that each writer is only re- 
sponsible for his own articles, and for no other parts of the work. 

Some subjects have been included in- the present work 'which have not usually 
been treated of in works on Greek and Roman Antiquities. These subjects have 
been inserted on account of the important influence which they exercised upon the. 
public and private life of the ancients. Thus, considerable space has been given to 
the articles on Painting and Statuary, and also to those on the different departments 
of the Drama. There may seem to be some inconsistency and apparent capricious- 
ness in the admission and rejection of subjects, but it is very difficult to determine 
at what point to stop in a work of this kind. A Dictionary of Greek and Roman 
Antiquities, if understood in its most extensive signification, would comprehend an 
account of everything relating to antiquity. In- its narrower sense, however, the 
term is confined to an account of the public and private life of the Greeks and Ro- 
mans, and it is convenient to adhere to this signification of the word, however arbi- 
trary it may be. For this reason, several articles have been inserted in the work 
which some persons may regard as out of place, and others have been omitted which 
have sometimes been improperly included in writings on Greek and Roman Antiqui- 
ties. Neither the names of persons and divinities, nor those of places, have been 
inserted in the present work, as the former will be treated of in the " Dictionary of 
Greek and Roman Biography and Mythology," and the latter in the " Dictionary of 
Greek and Roman Geography." 

The subjects of the woodcuts have been chosen by the writers of the articles which 
they illustrate, and the drawings have been made under their superintendence. Many 
of these have been taken from originals in the British Museum, and others from the 
different works which contain representations of works of ancient art, as the Museo 
Borbonico, Musco Capitolino, Millin's Peintures de Vases Antiques, Tischbein's and 
D'Hancarville's engravings from Sir William Hamilton's Vases, and other similar 
works. Hitherto little use has been made in this country of existing works of art 
for the purpose of illustrating antiquity. In mnny cases, however, the representation 
of an object gives a far better idea of the purposes for which it was intended, and 



PREFACE. ,i 

the way in which it was used, than any explanation in words only can convey. Be- 
s ; des which, some acquaintance with the remains of ancient art is almost essential 
to a proper perception of the spirit of antiquity, and would tend to refine and elevate 
the taste, and lead to a just appreciation of works of art in general. 

Considerable care has been taken in drawing up the list of articles, but it is feared 
that there may still be a few omissions. Some subjects, however, which do not 
occur in the alphabetical list, are treated of in other articles ; and it will be found, 
by reference to the Index, that many subjects are not omitted which appear to be so. 
The reader will occasionally find some words referred for explanation to other arti- 
cles, which are not treated of under the articles to which the references are made. 
Such instances, however, occur but rarely, and are rectified by the index, where the 
proper references are given. They have only arisen from the circumstance of its 
having been found advisable, in the course of the work, to treat of them under differ- 
ent heads from those which were originally intended. Some inconsistency may also 
be observed in the use of Greek, Latin, and English words for the names of the arti- 
cles. The Latin language has generally been adopted for the purpose, and the sub- 
jects connected with Greek antiquity have been inserted under their Greek names, 
where no corresponding words existed in Latin. In some cases, however, it has, for 
various reasons, been found more convenient to insert subjects under their English 
names, but this has only been done to a limited extent. Any little difficulty which 
may arise from this circumstance is also remedied by the index, where the subjects 
are given under their Greek, Latin, and English titles, together with the page where 
they are treated of. The words have been arranged according to the order of the 
letters in the Latin alphabet. 

Mr. George Long, who has contributed to this work the articles relating to Roman 
Law, has sent the editor the following remarks, which he wishes to make respecting 
the articles he has written, and which are accordingly subjoined in his own words : 

" The writer of the articles marked with the letters G. L. considers some apology 
necessary in respect of what he has contributed to this work. He has never had the 
advantage of attending a course of lectures on Roman Law. and he has written these 
articles in the midst of numerous encrarrements, which left little time for other la- 

CO ' 

bour. The want of proper materials, also, was often felt, and it would have been 
sufficient to prevent the writer from venturing on such an undertaking, if he had not 
been able to avail himself of the library of his friend, Mr. William Wright, of Lin- 
coln's Inn. These circumstances will, perhaps, be some excuse for the errors and 
imperfections which will be apparent enough to those who are competent judges. 
It is only those who have formed an adequate conception of the extent and variety 
of the matter of law in general, and of the Roman Law in particular, who can esti- 
mate the difficulty of writing on such a subject in England, and they will allow to 
him who has attempted it a just measure of indulgence. The writer claims such in- 
dulgence from those living writers of whose labours he has availed himself, if any 
of these articles should ever fall in their way. It will be apparent that these articles 
have been written mainly with the view of illustrating the classical writers ; and that 
a consideration of the persons for whose use they are intended, and the present state 
of knowledge of the Roman Law in this country, have been sufficient reasons for the 
omission of many important matters which would have been useless to most readers, 
and sometimes unintelligible. 

" Though few modern writers have been used, compared with the whole number 
who might have been used, they are not absolutely few, and many of them, to Eng- 
lishmen, are new. Many of them, also, are the best, and among the best of the kind. 
The difficulty of writing these articles was increased by the want of books in the 
English language ; for, though we have many writers on various departments of the 
Roman Law, of whom two or three have been referred to, they have been seldom 
used, and with very little profit." 

It would be improper to close these remarks without stating the obligations this 
work is under to Mr. Long. It was chiefly through his advice and encouragement 
that the editor was induced to undertake it, and during its progress he has always 
been ready to give his counsel whenever it was needed. It is, therefore, as much a 
matter of duty as it is of pleasure to make this public acknowledgment to him. 

WILLIAM SMITH. 

London. 1842 



A D I C T I N A R 




OF 



GREEK AND ROMAN ANTIQUITIES, ETC 



ABACUS. 

♦ABACTJLUS ( d6aKi<7Kog ), a diminutive of Ab- 
acus, is principally applied, when used at all, to the 
tiles or squares of a tesselated pavement. {Vid. 
Abacus, IT.) 

A.B'ACUS (u6a% ) denoted generally and prima- 
rily a square tablet of any material. Hence we 
find it applied in the following special significa- 
tions : 

I. In architecture it denoted the flat square stone 
which constituted the highest member of a column, 
being placed immediately under the architrave. Its 
use is to be traced back to the very infancy of ar- 
chitecture. As the trunk of the tree, which sup- 
ported the roof of the early log-hut, required to be 
based upon a flat square stone, and to have a stone 
or tile of similar form fixed on its summit to pre- 
serve it from decay, so the stone column in after 
days was made with a square base, and was cover- 
fd with an Abacus. The annexed figure is drawn 
from that in the British Museum, which was taken 
from the Parthenon at Athens, and is a perfect spe- 
cimen of the capital of a Doric column. 




i 

/ 


>? T T 






i -^ • 


ll 


i 
i 








. 



\h the more ornamented orders of architecture, 
*uch as the Corinthian, the sides of the abacus were 
eurvtd inward, and a rose or some other decoration 
was frequently placed in the middle of each side ; 
but the name Abacus was given to the stone thus 
diversified and enriched, as well as in its original 
form. 1 

II. The diminutive Abaculus (afar/uncos) denoted 
a tile of marble, glass, or any other substance used 
for making ornamental pavements. 

Pliny, in his account of glass, says,' " It is artifi- 
cially stained as in making the small tiles, which 
some persons call abaculi." Moschion says that 
the magnificent ship built by Archimedes for Hiero, 
king of Syracuse, contained a pavement made of 
such tiles, of various colours and materials. 8 

III. Abacus was also employed in architecture 
to denote a panel, coffer, or square compartment in 
the wall or ceiling of a chamber. As panels are 



1 (Vitruv. % iii., 3; iv., 1, 7.)— 2. (H. N., xxxvi., 67.)— 3. 
(ArfrciW iv aSaicfoKois cvyKtiiizvov h iravrolwy \lQu)v. Apud 
Ithon., v., 207 ) 

B 



ABACUS. 

intended for variety and ornament, they were en- 
riched with painting. 1 Pliny, in describing the 
progress of luxury with respect to the decoration oi 
apartments, says that the Romans were now no long- 
er satisfied with panels, 3 and were beginning even 
to paint upon marble. 

IV. Abacus farther denoted a wooden tray, i. e. k 
a square board surrounded by a raised border. This 
may have been the article intended by Cato, when, 
in his enumeration of the things necessary in fur- 
nishing a farm (olivetum), he mentions " one aba- 
cus." 



»s 



. Such a tray would be useful for various purpo- 
ses.* It might very well be used for making bread 
and confectionary; and hence the name of abacus 
(a6a!-, addiuov) was given to the ftdnTpa, i. e., the 
board or tray for kneading dough. 6 

V. A tray of the same description, covered \» "th 
sand or dust, was used by mathematicians for drav - 
ing diagrams. 6 

VI. It is evident that this contrivance would be 
no less serviceable to the arithmetician- and to this 
application of it Persius alludes, when he censures 
the man who ridiculed " the numbers on the abacus 
and the partitions in its divided dust." 7 In this in- 
stance the poet seems to have supposed perpendicu- 
lar lines or channels to have been drawn in the sand 
upon the board ; and the instrument might thus, in 
the simplest and easiest manner, be adapted foi 
arithmetical computation. 

It appears that the same purpose was answered 
by having a similar tray with perpendicular wood- 
en divisions, the space on the right hand being in- 
tended for units, the next space for tens, the next for 
hundreds, and so on. Thus was constructed " the 
abacus on which they calculate," 8 i. c, reckon by 
the use of stones. 9 The figure following is design- 
ed to represent the probable form and appeal ance of 
such an abacus. 

The reader will observe, that stone after stone 
might be put into the right-hand partition until they 
amounted to 1 0, when it would be necessary to take 
them all out as represented in the figure, and in- 
stead of them to put one stone into the next parti- 
tion. The stones in this division might in like man- 
ner amount to 10, thus representing 10x10=100, 
when it would be necessary to take out the 10, and 
instead of them to put one stone into the third par- 
tition, and so on. On this principle, the stones in 
the abacus, as delineated in the figure, would be 
equivalent to 359,310. 



1. (Plin., H. N., xxxiii., 56; xxxv., 13.)— 2. (" Non placed 
jam abaci :" H. N., xxxv., 1.)— 3. (De Re Rust., 10.)— 4. ( Vid 
Cnitin., Fragro., ed. Runkel, p. 27.— Pollux, vi., 90; x., 105.-- 
Rekkcr, Anec. Graec, i., 27.) — 5. (Hesych., s. v. Ma'/crpa.— 
Schol. in Theoc., iv., 61.)— 6. (Eustath. in Od. ; i., 107, p. 1397 .J 
— 7. (" Abaco numeros, et secto in pulvere metas :" Pcrs., Sat., 
i., 131.) — 8. (a6aKiov i<b' ov ty-qQi^ovoiv : Eus'ath in Od i. ir.. 
249. p. 1494.)— 9. i^nQoi, cak uli J 



ABACUS. 



ABLEGMINA. 




It is evident that the same method might be em- 
ployed in adding, subtracting, or multiplying weights 
and measures, and sums of money. Thus the stones, 
as arranged in the figure, might stand for 3 stadia, 5 
plefira, 9 fathoms, 3 cubits, and I foot. The abacus, 
however, can never be much used by us at the pres- 
ent day, owing to our various divisions of weights 
and measures, &c. We should need one abacus for 
dollars, cents, &c; another for avoirdupois weight; 
a third for troy weight, and so on. In China, how- 
ever, where the whole system is decimal, that is, 
where every measure, weight, &c, is the tenth part 
of the next greater one, this instrument, called 
Shwanpan, is very much used, and with astonishing 
rapidity. It is said that, while one man reads over 
rapidly a number of sums of money, another can 
add them so as to give the total as soon as the first 
has done reading. 

That the spaces of the abacus actually denoted 
different values, may be inferred from the following 
comparison in Polybius: 1 "All men are subject to 
be elevated and again depressed by the most fleet- 
ing events; but this is particularly the case with 
those who frequent the palaces of kings. They are 
like the stones upon abaci, 2 which, according to the 
pleasure of the calculator, 3 are at one time the value 
of a small copper coin,* and immediately afterward 
are worth a talent of gold. 5 Thus courtiers at the 
monarch's nod may suddenly become either happy 
or miserable." 

VII. By another variation the Abacus was adapt- 
ed for playing with dice or counters. The Greeks 
^ad a tradition ascribing this contrivance to Palame- 
des; hence they called it "the abacus of Palame- 
des." 6 It probably bore a considerable resemblance 
to the modern backgammon-board, dice 7 being 
thrown for the moves, and the " men" 8 placed ac- 
cording to the numbers thrown on the successive 
lines or spaces of the board. 

VIII. The tenn Abacus was also applied to a 
kind of cupboard, sideboard, or cabinet, the exact 
form of which can only be inferred from the inci- 
dental mention of it by ancient writers. It appears 
that it had partitions for holding cups and all kinds 
of valuable and ornamental utensils: 

" Nee per multiplices abaco splendente cavernas 
Argenli nigri pocula defodiam." 9 

This passage must evidently have referred to a piece 
of furniture with numerous cells, and of a compli- 
cated construction. If we suppose it to have been 
a square frame with shelves or partitions, in some 
degree corresponding to the divisions which have 
been described under the last two heads, we shall 
see that the term might easily be transferred from 
all its other applications to the sense now under 
consideration. 

We are informed that luxuries of this description 
were first introduced at Rome from Asia Minor 

1. (v., 26.) -2. (rals hi rw^ aSaiduv \pfj<f>ois.)— 3. (*/■#£- 
toi-roj.) — 4. (x<i\kovv.) — 5. (raSavrov.) — 6. (to TlaXnur/Setnv 
i$&Kiov : Eustath. m Od., i., 107, p. 1396.)— 7. (kv6oi.)—8. 
a-fcruo/.)— 9. (Sidon. Apoll., Car xvii., 7, 8.) 
JO 



after the victories of Cn. Manrius Vulso, A.U.C 
567. 1 

In the above passage of Sidonius, the principal 
use of the abacus now described is indicated by the 
word argenti, referring to the vessels of silver which 
it contained, and being probably designed, like our 
word "plate," to include similar articles made of 
gold and other precious substances. 2 

The term abacus must, however, have been ap- 
plicable to cupboards of a simple and unadorned 
appearance. Juvenal says of the triclinium ana 
drinking-vessels of a poor man, 

" Lectus erat Codro Procula minor, urceoli sex 
Ornamentum abaci, necnon et parvulus infra 
Cantharus." 3 

The abacus was, in fact, part of the furniture of a 
triclinium, and was intended to contain the vessels 
usually required at meals. 

IX. Lastly, a part of the theatre was called 
ada/cec, " the abaci." It seems to have been on or 
near the stage ; farther than this its position cannot 
be at present determined. We may, however, infer 
that the general idea, characteristic of abaci in ev- 
ery other sense, viz., that of a square tablet, was ap- 
plicable in this case also. 

ABALIENA'TIO. (Vid. Mancipiumj Manci- 

PATIO.) 

ABDICATIO. (Vid. Magistratus, Afoceryx- 
is.) 

*AB'IES, the "Fir," a genus of trees of the co 
niferous tribe, well known for the valuable timbei 
which is produced by many of the species. The or- 
igin of the Latin name is unknown ; that of the Eng- 
lish appellation is the Saxon furh-wudu, "fir-wood.'' 
The Abies Picea, or " Silver Fir," is the kind styJ^d 
by Virgil pulcherrima (" most beautiful"), and rii niy 
merits the name. Antiquarians have lost them 
selves in vain attempts to reconcile the declaration 
of Caesar (5, 12), that he found in Britain all the 
trees of Gaul except the beech and abies, with tht 
well-known fact that fir-wood is abundant in the 
ancient English mosses, and has been met with even 
beneath the foundations of Roman roads. What 
Caesar meant was, no doubt, that he did not mee: 
with the silver fir in Britain ; of the pine he says no- 
thing, and therefore it is to be presumed that he 
found it. — The common k/Arn of the. Greeks must 
have been either the Pinus abies or the Pinus Ori- 
entalis (Tournefort). There is some difficulty in 
distinguishing the male and female species of Theo- 
phrastus. Stackhouse holds the former to be the 
Pinus abies, or common "Fir-tree," and the latter 
the Pinus picea, or "Yellow-leaved Fir."*' 

*AB'IGA,the herb "ground-pine," called also " St. 
John's wort." The Latin name is derived from this 
plant's having been used to produce abortion. 5 The 
Abiga is the same with the Chameepitys (Xafiacrri- 
tvc) of the Greeks. The three species of the latter 
described by Dioscorides have been the subject of 
much diversity of opinion. The 1st would seem to 
have been the Ajiga Chamcepitys ; the 3d the Ajiga 
iva (according to Bauhin and Sprengel); while thf 
2d, according to the latter, is either the Teucrium 
supinum or montanum. 6 These plants, rich in es- 
sential oil, are tonic and aromatic. All chat we 
find in Dioscorides and in Pliny (who copies him), 
which does not refer to these properties, is merely 
hypothetical, and does not merit refutation. 7 

ABLEC'TI. (Vid. Extraordinary) 

ABLEG'MINA (anoleyfiol) were the parts of the 
victim which were offered to the gods in sacrifce. 
The word is derived from ablegere, in imitatior of 

1. (Liv., xxxix., 6— Plin., H. N., xxxix., 8.)— 2. (Vid. Cic, 
Tusc, v., 21.— Varro, de Ling. Lat., ix., 33, p. 489,ed. Spen 
eel.)— 3. (Sat., iii., 187.) — 4. (Adams, Append., s. v. f\dnj.)—& 
("Quod alngat partus." Vid. Plin., H. N., xxiv., 6.)-^6. (Ad- 
ams, Append., s. v. xouai~iTvs-)~1 (Dioscorid., iii , 175 — F6i 
in Plin., 1. c.) 



ABRAMIS. 



ACANTHA. 



trie Greek uxoXeyeiv, which is used in a similar 
manner. These parts were also called Porricia, 
Prosegmina, Prosccta. {Vid. Sacrifices.) 

ABOL'LA, a woollen cloak or pall, is probably- 
only a varied form of pallium (<pupoc), with which 
this word is nearly, if not altogether, identical in 
signification. The form and manner of wearing 
the abolla may be seen in the figures annexed, 
which are taken from the bas-reliefs on the tri- 
joinhal arch of Septimius Severus at Rome. 




The word was in use before the Augustan age ; 
for it occurs in a passage cited by Nonius Marcel- 
la? from one of the satires of Varro. Nonius Mar- 
cellus quotes the passage to show that this garment 
was worn by soldiers (vcstis milita/is), and thus op- 
posed to the toga. There can be no doubt that it 
was more especially the dress of soldiers, because 
the toga, which was used instead of it in the time of 
peace, though of a similar form and application, 
was much too large, and wrapped in too many folds 
about the body to be convenient in time of war. 
But it is a.^o clear, from many passages in ancient 
authors, that the abolla was by no means confined 
in its use to military occasions. 1 

Juvenal, speaking of a person who heard unex- 
pectedly that it was necessary for him to attend 
upon the emperor, says, " He took up his cloak in a 
great hurrv." 2 This action suited the use of a gar- 
ment, made simply to be thrown over the shoulders 
and fastened with a fibula. The same poet calls a 
very cruel and base action facinus mojoris abolla, 
literally " a crime of a larger cloak." The expres- 
sion has been explained as meaning " a crime of a 
deeper dye," and " a crime committed by a philos- 
opher of a graver character." Probably it meant a 
crime so enormous as to require a larger cloak to 
hide it. This is supported by the authority of the 
ancient scholiast on Juvenal, who explains mojoris 
abolla as equivalent to major [s pallii. {Vid. Pal- 
lium.) 

The Periplus of the Erythrean Sea mentions abol- 
la among the articles imported into the kingdom of 
the Axumites ill Abyssinia; and the expression 
iuaTiuv u65X2.ai, used hy the writer, is an additional 
proof that the abolla was a kind of l/nariov, i. e., a 
square 01 rectangular piece of woollen cloth, a 
cloak, or pall. 

•AB'RAMIS Ckbpauic), the name of a fish men- 
tioned by Oppian 3 and Athenoeus.* According to 
Goray, it is the Bream, namely, the Cyprinus Brama, 
L., or Abramis Vulgaris (Cuvier). Rondelet, howev- 
er, with whom Gesner is disposed to concur, suppo- 
ses it a species or variety of the Optica (Thrissa). 5 

I. (Sueton., Cah?.. c. 35.— Martial, 1., 133; Tin., 48.)— 2. 
" Rapta properahat almlla." iv., 75.) —3 (Hal., i., 244.) — 4 (vii.. 
112, b.) — 5 (Adams, Append.. 3 v.) 



ABROGA'TIG. [Vid. Lux.) 

♦ABIIOT'ONUM (MpoTovov), a plant, o/ which 
two species are described by Dioscorides, 1 ihe male 
and the female. The former of these by the al- 
most general agreement of the commeu.ators and 
botanical authorities, is referred to the Artemisia 
Abrotonum, L., or Southernwood. About the other 
species there is great diversity of opinion. Fuch^ 
sius makes it the Artemisia Pontica ; Dodonaeus, the 
A. arborescens ; and Matthiolus, the Sanlolina Cham- 
acyparissus, or common Lavender Cotton. Adams 
decides in favour of the last. Galen recognises the 
two species described by Dioscorides; butNicander, 
Paulus iEgineta, and most of the other writers on 
the Materia Medica, notice only one species, which 
no doubt was the A. abrotonum.* 

♦ABSIN'THIUM (uTJuvdiov), a plant, of which 
Dioscorides describes three species. The first of 
these is pretty generally acknowledged to be the 
Artemisia absinthium, or common wormwood; but 
Sprengel hesitates whether he should not also com- 
prehend the A. Pontica under it, which latter, indeed, 
Bauhin held to be the true Roman wormwood. The 
second species is the Artemisia maritima. The third 
is held by Sprengel to be the A. palmata, L., which, 
it appears, is indigenous in Santonge. The A. san- 
lonica, L., being confined to Tartary and the north- 
ern parts of Persia, it is not likely that the ancients 
were acquainted with it. 3 

ABSOLU'TIO. (Vid. Judicium.) 

ABSTINEN'DI BENEFIC'IUM. (F^.Hkres.j 

*ACA'CALIS or ACALL'IS (d/ca/caA/f, d/azA/if), 
a plant; according to Sprengel, the Tamarix Orv 
entalis, called Tamarix articulata by Vahl. 4 

*ACA'CIA (uKa/cia), a plant, which, according to 
Sprengel, and most of the authorities, is the Acacia 
Vera, Willd. ; but, according to Dierbach, it is the 
Acacia Senegal. Hill remarks, that the tree which 
produces the succus acacia, is the same as that 
which yields the gum arabic. The acacia gets the 
English name of the Egyptian thorn. 5 

ACAI'NA (uKaiva), a measure of length, equiva- 
lent to ten Greek feet. 

*ACALETHE (d/caAr/^, or Kvidv), I. a kind of 
shellfish, belonging to the genus Urtica (" Sea-net- 
tle"), of which there are several species. Linnaeus 
places the Urtica among Zoophyta, but it belongs 
more properly to the class Mollusca. Sprengel de- 
cides, that the Urtica marina of the ancients is the 
Actinia senilis. 6 Coray gives its French name as 
Ortie de mer. Pennant says, the ancients divided 
their kvl6tj into tAvo classes, those which adhere t<^ 
rocks (the Actinia of Linnaeus), and those that wan- 
der through the element. The latter are called by 
late writers Urtica soluta ; by Linnaeus, Medusa ; by 
the common people, " Sea "jellies," or " Sea blub- 
bers." 7 — II. A species of plant, the "nettle." Di- 
oscorides describes two species, which Sprengel 
holds to be the Urtica dioica (" great nettle") and 
the U. urens (" little nettle"). 8 

* ACANTHA (aicavda), the Thorn. Eight spe 
cies are described by Theophrastus, none ol which 
are satisfactorily determined by Stackhoust and 
Schneider. There is great diversity of opinion 
respecting the two species described by Dioscori- 
des. 9 Sprengel, upon the whole, inclines to the 
opinion of Sihthorp, that the unavBa AtvKrj is the 
Cirsium Acarna, Cand. ; and the unavda 'kpa6iKTt 
the Onopordum Arabicum. Botanists even yet find 
great difficulty in distinguishing the different species 
and genera of Thorns and Thistles, and the nomen- 
clature of this tribe of plants is very unsettled. 10 

♦ACANTHIAS GAL'EOS (anavBcac yaleoc), a 



1. (Mat.. Med., iii., 26.)— 2. (Adams, Append., s. v.)—* 
(Adams, Append., s. v. a^ivQ.) — 4 (Adams, Append., s. r 
a.K(i\\i<;.) — 5. (Adams, Append., s. v. ixaKta.) — 6. (Comment 
in Diosconrl.)— 7. (Aristot., II. A., iv., 5.— Adams, Append., 8. v 
nKn\ri&fi-) — 8. (Dio3cor., iv., 72.— Adams. Append., s v.) — • 
(hi.. 12.) — 10 (Adams, Apr end., s v.) 

I' 



ACAT10N. 



ACCESSIO. 



species of fish, the Squalus Acanthias, L., or Spinax 
Acanthias of later authorities ; in English, the " Pi- 
ked Dog" or " Hound Fish." It is common on the 
shores of England and in the Mediterranean. Pen- 
nant also says that it swarms on the Scottish coast. 
It weighs about 20 lbs. This is the species of shark 
often taken between Edinburgh and Aberdeen. 1 

~AC AN' THIS (aKavdlg), so called by Aristotle, 
is probably the same plant as the analavdlg of Ar- 
istophanes, and the aKavQvXkie of Hesychius. It 
is the Acanthis of Pliny and Virgil. Gesner, with 
great probability, refers it to the " Siskin," namely, 
the Fringilla spi?ms, L., or Carduelis spinus, Cuvier. 
Professor Rennie says it is called "Aberdevine" 
near London. 2 

♦ACANTHUS (uicavdoc), I. the name by which 
the broad raffled leaf used in the enrichment of the 
Corinthian capital is known, It is thus called be- 
cause of its general resemblance to the leaves of a 
species of the Acanthus plant. (Vid. Columna.) 

II. Under this name have been described by ancient 
authors at least three totally different plants. First, 
a prickly tree, with smooth evergreen leaves, and 
small, round, saffron-coloured berries, frequently al- 
luded to by Virgil ; this is conjectured to have been 
the Holly. Secondly, a prickly Eg} r ptian tree, de- 
scribed by Theophrastus as having pods like those 
of a bean; it is probable that this was the Acacia 
Arabica. Thirdly, an herb mentioned by Dioscori- 
des, with broad prickly leaves, which perish at the 
approach of winter, and again sprout forth with the 
return of spring. To this latter plant the name is 
now aj plied. The word in all cases alludes to the 
prickly nature of the leaves or stems. It is this last 
species which is usually supposed to have given 
rise to the notion of the Corinthian capital. But it 
appears from the investigation of Dr. Sibthorp, that 
it is nowhere to be found, either in the Creek isl- 
ands, or in any part of the Peloponnesus ; and that 
the plant which Dioscorides must have meant was 
ibe Acanthus spinosus, still called uicavda, which is 
found, as he describes it, on the borders of cultiva- 
ted grounds or of gardens, and is frequent in rocky 
moist situations. 3 

♦ACANTHYLLTS (aKavdvMZe). As has been 
stated under Acanthis, the anavdvXkle of Hesychi- 
us is most probably the " Siskin;" but that of Aris- 
totle is certainly different, being the Picus varius 
according to Camus. 4 

ACAP'NA LIG'NA (a priv., and Kanvofi, called 
also coda, were logs of wood dried with great care 
in order to prevent smoke. Pliny says that wood 
soaked with the lees of oil (amurcd) burned without 
smoke. 5 

Acapnon fuel, which was considered the best kind 
of honey, was obtained without driving out the bees 
from their hives by smoke, which was the usual 
method of procuring it. 6 

ACATION (ukutlov, a diminutive of uKaroc, a 
small vessel), 7 a small vessel or boat, which appears 
to have been the same as the Roman scapha ; since 
Suetonius, 8 in relating the escape of Caesar from 
Alexandrea, says that he jumped into a scapha, 
which Plutarch, in narrating the same events, calls 
an ukutlov. Tnucydides 9 speaks of ('ucariov u/uf>7?pi- 
x.bv, which is explained by the scholiast, UXoiuptov 
kKartpcjdev eperrao/nevov, kv <h ZnaoToc rtiv fkavvov- 
tuv diKuviac eptTTet. 

The anuria were also sails, which, according to 
the description of Xenophon, were adapted for fast 
sailing. They are opposed by him to the [uvula 



tana. 



10 



1. (Adams, Append., s. v.) — 2. ( Adams, Append., s. v. aKav- 
9i;.) — 3. (Theophrast., H. P., iii., 4. seqq — Dioscor., iii., 119.) 
— 4. (Aristot., IT. A., viii., 5.) — 5. (II. N.,xv.,8. — Martial, xiii., 
15.)— 6. (Plin., II. N., xi., 15.— Colum., vi., 33.)— 7. ('Ei< rotm 
enaywyoloi Hk&tomti : Herod., vii., 180; compare Pindar, 
Pyth., xi., 02 ; Nem., v., 5.)— 8. (Jul., 04.)— 9. (iv., 07.)— 10. 
Xen., Hell., vi., 2, t) 27.— Schneidei, in loc.) 



12 



ACCEN'SL I. The Accenscs was a public 
officer who attended on several of the Roman ma- 
gistrates. He anciently preceded the consul, who 
had not the fasces, which custom, after being long 
disused, was restored by Julius Caesar in his first 
consulship, 1 It was the duty of the accensi to 
summon the people to the assemblies, and those 
who had lawsuits to court ; and also, by command 
of the consul and praetor, to proclaim the tims, 
when it was the third hour, the sixth hour, and tha 
ninth hour. 2 Accensi also attended on the govern- 
ors of provinces, 3 and were commonly freedmen 
of the magistrate on whom they attended. Varro 
describes the word from acciendo, because they sum- 
moned the people ; other writers suppose it to cohw 
from accensere. 

II. The Accensi were also a class of soldiers in 
the Roman army. It appears that after the fult 
number of the legion had been completed, some 
supernumerary soldiers were enlisted, who might 
be always ready to supply any vacancies in the 
legion. These soldiers, who were called adscriptivi 
or adscriptitii (because, says Festus, supplcndis legi- 
onibus adscribebantur), were usually unaccustomed 
to military service, and were assigned to different 
centurions to be instructed in their duties. After 
they had been formed into a regular corps, they ob- 
tained the name of accensi, and were reckoned 
among the light-armed troops. 4 In later times 
they were also called supemumerarii. 5 They were 
placed in battle in the rear of the army, behind the 
triarii. 6 They had properly no military duty to 
perform, since they did not march in troops against 
the enemy. They were, according tc the census oi 
Servius Tullius, taken from the fifth class of citi- 
zens. 7 

ACCEPTILATIO is denned to be a release by 
mutual interrogation between debtor and creditor, 
by which each party is exonerated from the samf 
contract. In other words, acceptilatio is the forrr 
of words by which a creditor releases his debtoj 
from a debt or obligation, and acknowledges he ha* 
received that which in fact he has not received. 
This release of debt by acceptilatio applies only to 
such debts as have been contracted by stipulatio, 
conformably to a rule of Roman law, that only con- 
tracts made by words can be put an end to by 
words. But the astuteness of the Roman lawyers 
found a mode of complying with the rule, and at 
the same time extending the acceptilatio to all 
kinds and to any number of contracts. This was 
the invention of Gallus Aquilius, who devised a 
formula for reducing all and every kind of contracts 
to the stipulatio. This being done, the acceptilatio 
would immediately apply, inasmuch as the mattei 
was by such formula brought within the general 
rule of law above mentioned. The acceptilatio 
must be absolute and not conditional. A part of a 
debt or obligation might be released as well as the 
whole, provided the thing was in its nature capable 
of division. A pupillus could not release a debt by 
acceptilatio, without the consent of his tutor, but he 
could, be released from a debt. The phrase by 
which a creditor is said to release his debtor by ac- 
ceptilatio is, debiiori acccptvm, or accepto facere or 
ferre, or dccepimm habere. When anything which 
was done on the behalf of or for the state, such as a 
building, for instance, was approved by the compe- 
tent authorities, it was said, in acceptvm fori oi 
refcrri* 

ACCES'SIO is a legal term, by which is ex- 
pressed the produce or increase of anything, and, 
at the same time, the notion of such produce or in- 

1. (Suet., Jul., 20.— Liv., iii., 33.)— 2. (Varro, de Lin?. Int.. 
v., 9.— Plin., vii., 60.)— 3. (Cic, ad Fratr., i., I, v 4.)— 4 
(Walch,inTacit.,Agric.,c.l9.)— 5. (Veget., ii., 19.)— 6. (Liv 
viii., 8, 10.)— 7. (Liv., i., 43.— Niebuhr, Rom. Hist., i., p. 441 
2, transl.)— 8. (Dig., 46. tit. 4; 48, tit. 11, s. 7.— Gaius, iii 
109, seqq.) 



ACERRA. 



ACETABULUM. 



creass becomij.g the property of him to whom tne 
thing itself belongs. The rule of law was expressed 
thus : Accessio cedit principali. 1 Examples of acces- 
sio are contained under the heads of Alluvio, Con- 
fusio, Fructus, &c. 

*ACCIPEN'SER. ( Vid. Acipen'ser.) 

♦ACCIP'ITER. [Vid. HIERAX.) 

ACCLAMA'TIO was the public expression of 
approbation or disapprobation, pleasure or displeas- 
ure, by loud acclamations. On many occasions, 
there appear to have been certain forms of accla- 
aiations always used by the Romans ; as, for instance, 
at marriages, Io Hymen, Hymencze, or Talassio (ex- 
plained by Livy 2 ) ; at triumphs, Io triumphe, Io tri- 
umvkc ; at the conclusion of plays the last actor 
called out Plaudite to the spectators ; orators were 
usually praised by such expressions as Bene et prce- 
dwe, Belle et festive, Nan potest melius, &c. 3 Other 
instances of acclamaliones are given by Ferrarius, in 
his De Vcterum Acclamationibus et Plausu; in Gras- 
vius, T/tesaur. Rom. Antiq., vol. vi. 

ACCU'BITA, the name of couches which were 
used in the time of the Roman emperors, instead of 
the triclinium, for reclining upon at meals. The 
mattresses and feather-beds were softer and higher, 
and the supports (fulcra) of them lower in propor- 
tion, than in the triclinium. The clothes and pillows 
spread over them were called accubitalia.* 

ACCUSA'TIO. (Vid. Crimen, Judicium.) , 

*ACER. (Vid. Sphendamnus.) 

ACER'RA (TiL&avurie, ?u6avcjrpic), the incense- 
box used in sacrifices. 

Horace, 5 enumerating the principal articles ne- 
cessary in a solemn sacrifice to Juno, mentions 
Cl Flowers and a box full of frankincense." 6 In 
Virgil, ./Eneas worships :i with com and with 
frankincense from the full acerra." 

" Farre pio ct plena supplex veneratur acerra" 7 

Servius explains the last word as meaning area 

tkvrnUs. 

F*.iny, enumerating the principal works of Par- 
ihasius of Ephesus, says that he painted Sacerdotem 
adstante puero cum acerra et corona* The picture, 
therefore, represented a priest preparing to sacrifice, 
with the boy standing beside him, and holding the 
incense-box and a wreath of flowers. This was, 
no doubt, a very common and favourite subject for 
artists of every kind. It frequently occurs in bas- 
reliefs representing sacrifices, and executed on 
vases, friezes, aad other ancient monuments. It 
jeeurs three times on the Columna Trajana at 
ftome, and once on the Arch of Constantine. 

The annexed figure is taken from a bas-relief in 
be museum of the Capitol. 




The acerra was also, according to Festus, a 
waail aitar placed before the dead, on which per- 
fumes were burned. Acerra ara, qua ante mortuum 
poni solebat, in qua odores incendebantur. There was 
a law in the Twelve Tables which restricted the 
use of acerroe at funerals. 9 



I. (Dig. 34, tit. 2, i. 19, t, 13.)— 2. (i., 9.)— 3. (Cic.,de Orat., 
ui , 26.)— 4. (Lamprid., Helios?., 19, 25.— Schol. in Juv., Sat. v., 
VI.)— 5. (On., iii., viii., 2.)— 6. (" Flores, et acerra tuns ple- 
*a")— 7. (.En., v., 715.)— 8. (Plin., H. N.. xxxv., 36, 4 5.)— 9. 
k <?ic, de L-y., ii.,24) 



ACETABULUM (b&g, b&6a<pov, b$»6dqiov), a 
vinegar-cup. 

Among the various ways in which the Greeks 
and Romans made use of vinegar (acetum) in their 
cookery and at their meals, it appears that it was 
customary to have upon the table a cup containing 
vinegar, into which the guests might dip their bread, 
lettuce, fish, or other viands, before eating them. 
Of this fact we have no direct assurance ; but it is 
implied in one of the Greek names of this utensil, 
viz., 6!;v6a<bov, from b£vc, acid, and panTo, to dip or 
immerse. It also suits the various secondary appli- 
cations of these terms, both in Latin and in Greek, 
which suppose the vessel to have been wide and 
open above. In fact, the acetabulum must have 
been in form and size very like a modem teacup. 
It probably differed from the rpv62,tov, a vessel to 
which it was in other respects analogous, in being 
of smaller capacity and dimensions. 

These vinegar-cups were commonly of earthen 
ware, 1 but sometimes of silver, bronze, or gold. 2 

The accompanying figure is taken from Panof ka's 
Work on the names and forms of Greek vases. He 
states that on the painted vase, belonging to a col- 
lection at Naples, from which he took this figure, 
the name b^vOacpa is traced underneath it. This 
may therefore be regarded as an authentic specimen 
of the general form of an antique vinegar-cup 




From proper vinegar-cups, the Latin and Greetf 
terms under consideration were transferred to all 
cups resembling them in size and form, to whatever 
use they might be applied. 

As the vinegar-cup was always small, and prob* 
ably varied little in size, it came to be used as a 
measure. Thus we read of an acetabulum of honey 
or of salt, which is agreeable to our practice of 
measuring by teacups, wine-glasses, or table-spoons. 
We are informed that, as a measure, the 6i;v6a<j>ov, 
or acetabulum, was a cyathus and a half, or the 
fourth part of a kotvXij, or hemtna. 3 

The use of these cups by jugglers is distinctly 
mentioned. They put stones or other objects under 
certain cups, and then by sleight of hand abstracted 
them without being observed, so that the spectators, 
to their great amusement and surprise, found the 
stones under different cups from those which they 
expected. Those persons, who were called in Latin 
acctabularii, because they played with acetatmla, 
were in Greek called xjj7}^07raiKTat, because they 
played with stones (xpTjdot) ; and under this name 
the same description of performers is mentioned by 
Sextus Empiricus. 

In the Epistles of Alciphron, 4 a countryman who 
had brought to the city an ass laden with figs, and 
had been taken to the theatre, describes his speech- 
less astonishment at the following spectacle: "A 
man came into the midst of us and set down a 
three-legged table (rptTroda). He placed upon it 
three cups, and under these he concealed some 



1. (Kepdfita fitKpd : Schol. Aristoph. — tart rd dlv6a(f>ov tiru\ 
Kv\ucoi /juicpn< Ktpauiac : Athenjeus, xi., p. 494.)— 2. (Athene 
us, vi., p. 230.)— 3 TJockh, Gewichte, &c, p. 22.) — 4 (iii. 
20.) 

13 



ACHATES. 



ACLNACES. 



sma.l white round pebbles, such as we find on the 
Danks of rapid brooks. He at one time put one of 
these under each cup ; and then, I know not how, 
showed them all under one cup. At another time 
he made them disappear altogether from under the 
cups, and showed them in his mouth. Then hav- 
ing swallowed them, and having caused those who 
stood near to advance, he took one stone out of a 
person's nose, another out of his ear, and a third 
out of his head. At last he caused them all to dis- 
appear entirely." In this passage Alciphron calls 
the cups [iLKpag irapoiptdag. It may be observed, 
that napoiluc was equivalent to b^v6a(j>ov when used 
in its wider acceptation, and denoted a basin or cup 
set on the table by the side of the other dishes, to 
hold either vinegar, pickles (acetaria), sauce, or 
anything else which was taken to give a relish to 
the substantial viands. The word (paropsis) was 
adopted into the Latin language, and is found in 
Juvenal, Martial, and other winters of the same 
period. 

*ACE'TUM (ofoc), vinegar. The kinds most in 
repute among the ancients were the ./Egyptian and 
Cnidian. 1 Pliny gives a full account of the medi- 
cal properties of vinegar. Among other applica- 
tions, it was employed when leeches had been in- 
troduced into the stomach, or adhered to the larynx. 
Strong salt and water would, however, have been 
more efficacious in making these loosen their hold, 
and in facilitating the vomiting of them forth. Vine- 
gar was also given in long-standing coughs, just 
as modern practitioners give oxymels in chronic 
catarrhs. 3 

*ACHATNES (axatvrjc), the Daguet or young 
stag. 3 

ACH'ANE (axuvrj). A Persian measure equiva- 
lent to 45 Attic fiidifivoi. According to Hesychius, 
there w r as also a Bceotian uxuvn equivalent to one 
Attic piediuvoc.* 

^ACHATES (axaTTjg), an agate, a precious 
stone or gem. The agate is a semi-pellucid stone 
of the flint class. Theophrastus describes it as a 
beautiful and rare stone from the river Achates in 
Sicily (now the Drillo, in the Vol di Noto), which 
sold at a high price ; but Pliny tells us that in his 
time it was, though once highly valued, no longer 
in. esteem, it being then found in many places, of 
large size, and diversified appearance. The an- 
cients distinguished agates into many species, to 
each of which they gave a name importing its dif- 
ference from the common agate, whether it were 
in colour, figure, or texture. Thus they called the 
red, Hw.machates, which was sprinkled with spots of 
jasper, or blood-red chalcedony, and was the variety 
now called dotted agate. The white they termed 
Leucachates ; the plain yellowish or wax-coloured, 
Cerachates, which was a variety little valued be- 
cause of its abundance. Those which approached 
to or partook of the nature of other stones, they dis- 
tinguished by names compounded of their own ge- 
nerical name, and that of the stone they resembled or 
partook of; thus, that species which seemed allied 
to the Jaspers they called Jaspachates (the jasper- 
agate of modern mineralogists); that which par- 
took of the nature of the Carnelian, Sard achates ; and 
those which had the resemblance of trees and shrubs 
on them, they called for that reason Dendrachates. 
This last is what we call at the present dendritic 
agate, described in the Orphic poem under the name 
of uxaTTjQ 6ev6pr)£LC. The Corallachales was so called 
from some resemblance that it bore to coral. Pliny 
describes it as sprinkled like the sapphire with 
spots of gold. Dr. Moore thinks, that in this latter 
case the ancients confounded with agate the yellow 

I. (Athenreus, 2, p. 67. — .Tuv., Sat.,xiii., 85. — Mart., xiii., 122.) 
—2. (Pirn, , II. N., xxiii., 27 — Fre, in loc.)— 3. (Aristot., H. A., 
ix., 6.— Salmas., Exero. Pan., p. 222.) — 4. (Schol. in Aristoph., 
Acharn., 108, who quotes the authority of Aristotle. — Wurm, de 
P.md., &c. p 133.) 

14 



fluor spar, containing, as it sometimes does, disseir* 
nated particles of iron pyrites. The agate was % .<•< 
called in Greek aiaxarrig. 1 

*ACHERD'US (axepdoc), the wild pe* -tne, ' 
also a kind of thorn of which hedges w^tj */iade. 
Sprengel suggests that it is the Cratagv, Araruu*} 

♦ACHERO'IS (<i^epwtc), the whit' jwnlar-t- ?e.« 

*ACH'ETAS (ilxerag), according to Hesych- 
ius, the male Cicada-, but this if Nearly either a 
mistake or an error of the text, % . there can be no 
doubt that it is merely an e^.Jitc applied to the 
larger species of Cicada, aj>:» signifying "vocal." 6 
(Vid. Cicada.) 

*ACHILLE / OS ('A^'A^oO, a plant, fabled to 
have been discovered by A Jiilles, and with which 
he cured the wound of Telephus. 6 The commenta- 
tors on Pliny make it the Sideritis heraclea. 1 1 is 
difficult, however, to decide the question from the 
text of the Roman writer merely. On recurring to 
that of Dioscorides, we may, perhaps, conclude as 
follows : the Achilleos with the golden flower is the 
Achillea tomentosa sen Abrotanifolia ; the kind with tbo 
purple flower is the A. tanacetifolia ; and the on* 
with white flowers, the A. fwbilis sen iiwgna? 

ACTES. (Fid. Army.) 

ACILTA LEX. (Vid. Repetund.e.) 

ACILTA CALPUR'JNTIA LEX. (Vid. Amei« 

TUS.) 

AGI'NACES {aKLvdarjc), a poniard. 

This word, as well as the weapon which it de- 
notes, is Persian. Herodotus says, 8 that when 
Xerxes was preparing to cross the Hellespont with 
his army, he threw into it, together with some other 
things, "A Persian sword, which they call an aci- 
naces." As the root ac, denoting sharpness, an 
edge or a point, is common to the Persian, together 
with the Greek and Latin, and the rest of the Indo- 
European languages, we may ascribe to this word 
the same general origin with u.Kfi?'/, ukuktj, acuo, 
acies, and many other Greek and Latin words allied 
to these in signification. Horace 9 calls the weapon. 
Medus acinaces, intending by the mention of the 
Medes to allude to the wars of Augustus and the 
Romans against Parthia. 

Acinaces is usually translated a cimeter, afalchw?i, 
a' sabre, and is supposed to have been curved; but 
this assumption is unsupported by any evidence. 
It appears that the acinaces was short and straight. 
Julius Pollux describes it thus: 10 "A Persian dag- 
ger fastened to the thigh." Josephus, giving an ac- 
count of the assassins who infested Judoea before 
the destruction of Jerusalem by the Romans, says, 
" They used daggers, in size resembling the Persian 
acinaces ; but curved, and like those which the Ro- 
mans call sicce, and from which robbers and murder- 
ers are called sicarii" 11 The curvature of the daggers 
here described was probably intended to allow them 
to fit closer to ihe body, and thus to be concealed 
with greater ease under the garments. Thus we 
see that the Persian acinaces differed from the Ro- 
man sica in this, that the former was straight, the 
latter curved. 

Another peculiarity of the acinaces was, that it 
was made to be worn on the right side of the body, 
whereas the Greeks and Romans usually had their 
swords suspended on the left side. Hence Valerius 
Flaccus speaks of Myraces, a Parthian, as In- 
signis manicis, insignis aciixace dextro. 12 The same 
fact is illustrated by the account given by Ammianus 
Marcellinus of the death of Cambyses, king of Per- 
sia, which was occasioned by an accidental wound 
from his own acinaces : " Sv-omct pvgione, q:tem ap- 

1. (Theophrast., de Lapid., 58. — Hill, in loc. — Plin., H. N., 
xxxvii., 54. — Orph., Lith., v., 230. — Soiin., Polyhist., c. xi. — 
Moore's Anc. Mineralogy, p. 178.)— 2. (Soph., (Ed. Col., 1592.) 
— 3. (Adams, Append., s. v.) — 4. (Spren?., i., 28.) — 5. (Adams, 
Append., s. v.)— 6. (Plin., H. N., xxv., 5.)— 7. (Fee in Plin., 1. 
c.)— 8. (vii., 54.)— 9. (Od. 1, xxvii., 5.)— 10. (Ucpaikbv Ji0i&o» 
t<7) iiijpu) Tpoarjprrinivov.) — 11. .(Josepl ., Ant. Jud., xx: , /, seqq.) 
—12. (Argon., vi., 701.) 



ACIPENSER. 



ACRATOPHORUM. 



tatum femori dexlro gestabat, subita vi quince nudato, 
vulneratiLS." 1 The Latin historian here gives pugio 
as *he translation of the Persian term. 

The form of the acinaces, with the method of 
rising it, is illustrated in a striking manner by two 
classes of ancient monuments. In the first place, 
in the bas-reliefs which adorn the ruins of Persepo- 
lis, the acinaces is invariably straight, and is com- 
monly suspended over the right thigh, never over 
the left, but sometimes in front of the body. The 
figures in the annexed woodcut are selected from 
engravings of the ruins of Persepolis, published by 
Le Bruyn, Chardin, Niebuhr, and Porter. 




A golden acinaces was frequently worn by_ the 
Persian nobility- 2 It was also often given to indi- 
viduals by the kings of Persia as a mark of honour. 3 

After the defeat of the Persian army at the battle 
of Plataea, the Greeks found golden poniards on 
the bodies of the slain. 4 That of Mardonius, the 
Persian general, was long kept as a trophy in the 
temple of Athena Parthenos, on the acropolis of 
Athens. 5 

The acinaces was also used by the Caspii. 6 It 
was an object of religious worship among the Scyth- 
ians and many of the northern nations of Europe. 7 

The second class of ancient monuments consists 
of sculptures of the god Mithras, two of which are 
in the British Museum. The annexed woodcut is 
taken from the larger of the two, and clearly shows 
rhft straight form of the acinaces. 




•ACIPEN'SER ('A/cKtTnfajoc), the Sturgeon, or 
Acipenser Sturio, L. Ludovicus Nonnius holds, that 
the Silurus of Ausonius is the sturgeon, but this 
opinion is very questionable. The eloip 9 and the 

1. (xvii., 4.)— 2. (Xen., Anab., i., 8, $ 29.— Chariton, vi., 4.)— 
3. (Herod., viii., 120.— Xen., Anab., i., 2, t) 27.)— 4. (Herod., ix., 
60.)— 5. (Demosth., c. Timocr., 33, p. 741.)— 6. (Herod., viii.. 
67., — 7. (Herod., iv., 62. — Compare Mela, ii., 1. — Ammian., xxxi., 
2 — 8. (Aristot., H. A, ii., 13.— ^Elian, N. A., viii., 28.) 



yaleoe Tddtof 1 were varieties of this fisb It is 
also called 'ov'lgkoc by Durio in Athenaeus 8 

ACLIS, a kind of dart. 

Virgil attributes this weapon to the Osci, one 01 
the ancient nations of Italy : 

" Teretes sunt aclides Mis 
Tela, sed hcec lento mos est aptare Jlagello." 3 
From this account it appears that the peculiarity 
of the aclis consisted in having a leathern thorn; 
attached to it; and the design of this contrivance 
probably was, that, after it had been thrown to a 
distance, it might be drawn back again. 

The aclis was certainly not a Roman weapon. 
It is always represented as used by foreign nations, 
and distinguishing them from Greeks and Romans.* 

ACNA, AC'NUA. (Vid. Actus.) 
'AKOITN MAPTYPErN {anorjv (laprvpav). By the 
Athenian law, a witness could properly only give evi- 
dence of what he had seen himself, not of what he had 
heard from others ; 5 but when an individual had heard 
anything relating to the matter in dispute from a per- 
son who was dead, an exception was made to the 
law, and what he had heard from the deceased per- 
son might be given in evidence, which was called 
ukotjv jxapTvpelv. 6 It would appear, however, from 
a passage in Isasus, that a witness might give evi- 
dence respecting what he had not seen, but that this 
evidence was considered of lighter value. 7 

*AC70NE (aicovT]), the whetstone or Novaculite 
(Kirman), the same as the whet slate of Jameson, and 
consisting principally of silex ana alum. Theo- 
phrastus informs us that the Armenian whetstones 
were in most repute in his time. The Cyprian 
were also much sought after. Pliny confounds 
these with diamonds. 6 

*ACONFTUM (anoviTov), a plant, of which Dios- 
corides enumerates two species, the 7rap3aXiayx?Ct 
and the Tivkoktovov. The latter of these is con- 
sidered by Dodoneeus, Woodville, Sprengel, and 
most of the authorities, to be the Aconitum Napellus, 
or Wolf's-bane. Respecting the former species 
there is greater diversity of opinion; however, 
Sprengel is inclined, upon the whole, to agree with 
Dodoneeus and Sibthorp in referring it to the Doroni- 
cum pardalianches, or Leopard's-bane. It would 
seem to be the Kufifiapov of Hippocrates, and th« 
GKopiTLoc of Theophrastus. 9 

*ACON'TIAS (aicovTiac), the name of a serpent. 
There can be no doubt that this is the Jaculus of Lu- 
can. 10 iElian is the only author who confounds it 
with the Chersydrus. Aetius calls it Cenckrites, from 
the resemblance which its spots bear to the seeds of 
millet (neyxpoc). It is called cafezate and alteraraie 
in the Latin translation of Avicenna. According to 
Belon, it is about three palms long, and the thickness 
of a man's little finger ; its colour that of ashes, with 
black spots. Sprengel thinks it may have been a 
variety of the Coluber Berus, or Viper. 11 

*AC'ORUS (uKopoe), a plant, which most of the 
commentators hold to be the Acorus Calamus, or 
Sweet Flag. Sprengel, however, in his annotations 
on Dioscorides, prefers the Pseudacorum}* 

ACQJUTSITIO is used to express the acquisition 
of ownership, or property generally. The several 
modes of acquiring property among the Romans, 
and the incidents of property when acquired, are 
treated of under the various heads of In Jure Ces- 
sio, Mancipatio, Usucapio, Accessio, &c, and sec 
Dominium. 

♦ACRATOPH'ORUM, a small vessel f or hold- 

1. (Athen., vii., p. 295.)— 2. (vii., p. 294.)— 3. JjEn., vii~ 
730.)— 4. (Sil. Ital., iii., 362.— Val. Flac, Argonaut., vi.,&9.)— b. 
(Demosth., c. Steph., p. 1130.)— 6. (Demosth., c. Steph., p. 1130. 
—Id., c. Leoch., p. 1097.— Id., c. Eubul., p. 1300.— Meyer and 
Schomann, Attisch. Proc, p. 669. — Petitus, Leg. Att., iv., 7, 
t) 9, seq., p. 445, seq.)— 7. (De Hxred. Philoctem., p. 150.)— 8 
(Adams, Append., s. v.)— 9. (H. P., ix., 18. — Adams, Append., 8 
v.)— 10. (Pharsal., ix., 720, 823.)— 11. (Spreng., Comment, it 
Dioseorid.— ^Elian, N. A., viii., 1? )— 12. (Thecphrast., H P , 
1, 22.— Dioseorid., i., 2.) 

15 



ACROTERIUM. 



ACTIJ. 



Jig wine, a wine-cup. The name is derived from 
■mparov, "unmixed wine," and <j>epo, " to bear." 
Pollux mentions it in his account of ancient drink- 
ing vessels, and describes it as resting, not on a flat 
oottom, but on small astragals. ( Vid. Talus.) 1 

ACROA'MA (anpoafia) signified among the Ro- 
mans a concert of players on different musical in- 
struments, and also an interlude, called embolia by- 
Cicero, 2 which was performed during the exhibi- 
tion of the public games. The word is also fre- 
quently used for the actors and musicians, who were 
often employed at private entertainments ; 3 and it is 
sometimes employed in the same sense as anagnostce, 
who were usually slaves, whose duty it was to read 
or repeat passages from books during an entertain- 
ment, and also at other times. 4 

*ACROa / SIS (anpoacic). I. A literary discourse 
or lecture. The term (itself of Greek origin) is ap- 
plied by the Latin writers to a discourse or disputa- 
tion, by some instructer or professor of an art, to a 
numerous audience. The corresponding Latin term 
is Auditio. 5 II. It also signifies a place or room 
where literary men meet, a lecture-room or school. 6 

ACRO'LITHOI {anpoWoi), statues, of which the 
extremities (head, feet, and hands) were only of 
etone, and the remaining part of the body of bronze 
or gilded wood. 7 

*ACROPOD'IUM (aKpoTTodiov), the base or ped- 
estal of a statue, so called from its supporting the 
extremities or soles of the feet (axpoc, ttovc). 

ACROSTO'LION (anpocrbliov,) the extremity of 
the oroXoc. The gtoXoc projected from the head 
of the prow, and its extremity (uKpoaroXiov), which 
was frequently made in the shape of an animal or a 
helmet, &c, appears to have been sometimes covered 
with brass, and to have served as an ep:6oXij against 
the enemy's vessels. 8 

♦ACROSTTCHIS, an acrostic, a number of 
verses so contrived, that the first letters of each, 
being read in the order in which they stand, shall 
form some name or other word. The word signi- 
fies literally the beginning of a line or verse 
(ar.ooe, OTLxoq). "According to some authorities, a 
writer named Porphyrius Optatianus, who flourish- 
ed in the fourth century, has the credit of having 
been the inventor of the acrostic. It is very proba- 
bly, however, of earlier date. Eusebius, the bishop 
of Caesarea, who died in A.D. 340, gives, in his Life 
of Constantine, a copy of Greek verses, which he 
asserts were the composition of the Erythraean Sibyl, 
the initial letters of which made up the words 
IH20TS XP1STOS 6EOT TI02 2S2THP, that is, 
Jesus Christ, the Son of God, the Saviour. These 
verses, which are a description of the coming of the 
day of judgment, have been translated into Latin 
hexameters, so as to preserve the acrostic in that 
language, in the words JESUS CHRISTUS DEI 
FILIUS SERVATOR. The translation, however, 
wants one of the peculiar qualities of the original ; 
for it will be observed that the initial letters of the 
five Greek words, being joined together, form the 
word IX0Y2, that is, the fish, which St. Augustine, 
who quotes the verses in his work entitled De Civi- 
tate Dei, informs us is to be understood as a mystical 
epithet of our Saviour, who lived in this abyss of mor- 
tality without contracting sin, in like manner as a fish 
exists in the midst of the sea without acquiring any 
flavour of salt from the salt water. This may there- 
fore be called an acrostic within an acrostic." 9 

ACROTE'RIUM (uKpurr/piov) signifies the ex- 
tremity of anything. I. It is used in Architecture 
to designate the statues or other ornaments placed 

1 (Pollux, vi., 16.— Id., x., 20.)— 2. (Pro Sext., c. 54.)— 3. 
(Cic, 2 Verr., iv., 22— Id., pro Arch., 9.— Suet., Octav., 74.— Ma- 
ra ob., Sat., n., 4.)— 4. (Cic. ad Att., i., 12.— Id., ad Fam., v., 9. 
— Plin., Ep., i., 15.— Aul. Gell., iii., 19.— Nep., Att., 14.)— 5. 
(Vitruv., 10, 11.— Sucton., Illustr. Gramm., c. 2.)— 6. (Cic. ad 
Att., xv., 17.) — 7. (Vitruv., ii., 8.)— 8. {xaXKfipns or6\og. 
JEsoh., Pers., 414.)— 9. (GaUaeus, de Sibyllis Dissertat., p. 123, 
•eo. — Penny Cyclo., vol i. p- 99.) 
16 



on the summit of a pediment. According to some 
writers, the word only means the pediment on which 
the ornaments are placed. 1 II. It signified also the 
a.KpoaT67uov or u^kaarov of a ship, which were usu- 
ally taken from a conquered vessel as a mark of 
victory. 8 III. It was also applied to the extremi- 
ties of a statue, wings, feet, hands, &c. 3 

ACROTHI'NION (ekpoflmov), generally used in 
the plural, means properly the top of the heap (<kpor 
■&ic), and is thence applied to those parts of the fiuita 
of the earth, and of the booty taken in war, which 
were offered to the gods. In the Phcenissae of Eurip- 
ides, the chorus call tnemselves dopog anpodiviov.* 

ACTA DIUR'NA (proceedings of the day) was 
a kind of gazette published daily at Rome under the 
authority of the government. It contained an ac- 
count of the proceedings of the public assemblies, 
of the law courts, of the punishment of offenders, and 
a list of births, marriages, deaths, &c. The pro- 
ceedings of the public assemblies and the law courts 
were obtained by means of reporters (actuarii). 
The proceedings of the senate (acta senatus) were 
not published till the time of Julius Caesar,* and 
this custom was prohibited by Augustus. 6 An ac- 
count of the proceedings of the senate was still pre- 
served, though not published, and some senator 
seems to have been chosen by the emperor to com- 
pile the account. 7 The acta diurna were also called 
acta populi, acta publica, acta urbana, and usually by 
the simple name of acta. These acta were frequent- 
ly consulted and appealed to by later historians. 8 

ACTA SENA'TUS. (Vid. Acta Diurna.) 

ACTIA (aKTia) was a festival celebrated every 
three years at Actium in Epirus, with wrestling, 
horse-racing, and sea-fights, in honour of Apollo.' 
There was a celebrated temple of Apollo at Actium, 
which is mentioned by Thucydides 10 and Strabo. 11 
After the defeat of Antony off Actium, Augustus en- 
larged the temple, and instituted games to be cele- 
brated every five years in commemoration of hu 
victory. 18 

*ACTE (ukttj). Dioscorides describes two 
species of Elder, which are undoubtedly the Sam- 
buchus nigra and ebulus, namely, the common and 
the dwarf elder. The d/cr^ of Theophrastus is the 
former of these. 13 

ACTIO is defined by Celsus 14 to be the right of 
pursuing by judicial means what is a man's due. 

With respect to its subject-matter, the actio was 
divided into two great divisions, the in personam 
actio, and the in rem actio. The in personam actio 
was against a person who was bound to the plain- 
tiff by contract or delict; the in rem actio applied to 
those cases where a man claimed a corporeal thing 
(corporalis res) as his property, or claimed a right, 
as, for instance, the use and enjoyment of a tiling, or 
the right to a road over a piece of ground (actus). 
The in rem actio was called vindicatio ; the in per- 
sonam actio was called condictio, because originally 
the plaintiff gave the defendant notice to appear on 
a given day for the purpose of choosing a judex. 

The old actions of the Roman law were called 
legis actiones, or legitime, either because they were 
expressly provided for by the laws of the Twelve 
Tables, or because they were strictly adapted to the 
words of the laws, and therefore could not be varied. 
In like manner, the old writs in this country con- 
tained the matter or claim of the plaintiff expressed 
according to the legal form. 16 

1. (Vitruv., iii., 3.— Id., v., 12.)— 2. (Xen., Hellen., ii., 3, S 
—Herod., iii., 59.)— 3. (Demosth., c. Timocr., p. 738.)-^4. (PhoRn , 
289.)— 5. (Sueton., Jul., 20.)— 6. (Sueton., Octav., 36.)— 7. (Tu- 
cit., Annal., v., 4.) — 8. (Lipsius, Excurs. ad Tacit., Ann., v., 4. — 
Le Clerc, Journaux chez les Romains, p. 198, seqq.) — 9. (Steph. 
Byz., 'A.KTia.)— 10. (i., 29.)— 11. (vii., p. 325.)— 12. (Sueton., 
Octav., c. 18.) — 13. (Theophrast., H. P., i., 5, seqq. — Dioscor. 
iv., 171, seq. — Adams, Append., s. v. aKTrj.) — 14. (Dig. 44, tjt. 
7, s. 51.) — 15. (" Breve quidem cum sit formatum ad similitudi 
nem reguloe juris, quia breviter et paucis verbis intentionem 
proferentis exponit et explanat, sicut regula juris, lem quae e« 
breviter enarrat." Bracton, f. 413.) 



ACTIO. 



ACTIO 



The* five modes of proceeding by legal action, as 
D imed and described by Gams, 1 were Sacramento, 
Per judicis postulationem, Per condictionem, 
Per manus injectionem, Per pignoris captionem. 

But these forms of action gradually fe> into dis- 
use, in consequence of the excessive nicety isquired, 
and the failure consequent on the slightest error in 
the pleadings ; of which there is a notable example 
given by Gams himself, 2 in the case of a plaintiff 
who complained of his vines {vibes) being cut down, 
and was told that his action was bad, inasmuch as 
he ought to have used the term trees {arbores), and 
not vines ; because the law of the Twelve Tables, 
which gave him the action for damage to his vines, 
contained only the general expression " trees" {ar- 
bores). The Lex jEbutia and two Leges Juliae 
abolished the old legitimes actiones, except in the 
case of damnum infectum {Vid. Damnum infectum), 
and in matters which fell under the cognizance of 
the Centumviri. {Vid. Centumviri.) 

In the old Roman constitution, the knowledge of 
the law was most closely connected with the insti- 
tutes and ceremonial of religion, and was accord- 
ingly in the hands of the patricians alone, whose 
aid their clients were obliged to ask in all their 
legal disputes. Appius Claudius Caecus, perhaps 
one of the earliest writers on law, drew up the 
various forms of actions, prrbably for his own use 
rnd that of his friends : the manuscript was stolen 
jt copied by his scribe Op. Flavius, who made it 
public ; and thus, according to the story, the ple- 
beians became acquainted with those legal forms 
which hitherto had betn the exclusive property of 
the patricians. 3 

Upon the old legal actions being abolished, it be- 
came the practice to prosecute suits according to 
certain prescribed forms, or formulae, as they were 
called, which will be explained after we have no- 
ticed various divisions of actions, as they are made 
by the Roman writers. 

The division of actiones in the Roman law is 
somewhat complicated, and some of the divisions 
must be considered rather as emanating from the 
schools of the rhetoricians than from any other 
source. But this division, though complicated, may 
be somewhat simplified, or, at least, rendered more 
intelligible, if we consider that an action is a claim 
or- demand made by one person against another, 
and that, in order to be a valid legal claim {actio 
utilis), it must be founded on a legal right. The 
main division of actions must therefore have a ref- 
erence or analogy to the main division of rights ; 
for in every system of law the form of the action 
must be the* expression of the legal right. Now the 
general division of rights in the Roman law is into 
rights of dominion or ownership, which are rights 
against the whole world, and into rights arising 
from contract, and quasi contract, and delict. The 
actio in rem implies a complainant, who claims a 
certain right against every person who may dispute 
it, and the object and end of the action is to compel 
an acknowledgment of the right by the particular 
person who disputes it. By this action the plaintiff 
maintains his property in or to a thing, or his 
rights to a benefit from a thing {servitules). Thus 
the actio in rem is not so called on account of the 
subject-matter of the action, but the term is a tech- 
nical phrase to express an action which is in no 
way founded on contract, and therefore has no de- 
terminate individual as the other necessary party 
to the action ; but every individual who disputes 
the right, becomes, by such act of disputing, a party 
liable to such action. The actio in rem does not as- 
certain the complainant's right, and from the nature 
of the action the complainant's right cannot be 
ascertained by it, for it is a right against all the 

t. (iv., 12.)— 2. (iv., 11.)— 3. (Cic, de Orat., i„ 41.— Id., pro 
tf*rsr.na, c. 11.— Dig. 1, tit. 2, s. 2, t> 7.) 

r. 



world; but the action determines that the defendant 
has or has not a claim which is valid against the 
plaintiff's claim. The actio in personam implies a 
determinate person or persons against whom the 
action lies, the right of the plaintiff being founded 
on the acts of the defendant or defendants; it is 
therefore* in respect of something which has been 
agreed to be done, or in respect of some injury for 
which the plaintiff claims compensation. The actio 
mixta of Justinian's legislation 1 was so called from 
its being supposed to partake of the nature of the 
actio in rem and the actio in personam. Such was 
the action among co-heirs as to the division of the in- 
heritance, and the action for the purpose of settling 
boundaries which were confused. 

Rights, and the modes of enforcing them, may 
also be viewed with reference to the sources from 
which they flow. Thus the rights of Roman citi- 
zens flowed in part from the sovereign power, in 
part from those to whom power was delegated. 
That body of law which was founded on, and 
flowed from, the edicts of the praetors and curule 
aediles, was called jus Jwnorarium, as opposed to the 
jus civile, in its narrower sense, which comprehend- 
ed the leges, plebiscita, senatus cansulta, &c. The jus 
nonorarium introduced new rights and modified ex- 
isting rights ; it also provided remedies suitable to 
such new rights and modifications of old rights, and 
this was effected by the actions which the praetors 
and aediles allowed. On this jurisdiction of the 
praetors and aediles is founded the distinction of ac- 
tions into civiles and honoraria, or, as they are some 
times called, prcstorice, from the greater importance 
of the praetor's jurisdiction. 

There were several other divisions of actions, all 
of which had reference to the forms of procedure. 

A division of actions was sometimes made with 
reference to the object which the plaintiff had in 
view. If the object was to obtain a thing, the ac- 
tion was called persecutoria. If the object was to 
obtain damages {poena) for an injury, as in the cast 
of a thing stolen, the action was pcenalis ; for the 
thing itself could be claimed both by the vindicatio 
and the condictio. If the object was to obtain both 
the thing and damages, it was probably sometimes 
called actio mixta, a term which had, however, an- 
other signification also, as already observed. The 
division of actiones into diredce or vulgares, and uti- 
les, must be traced historically to the actiones fictitia 
or fictions, by which the rights of action were en- 
larged and extended. The origin cf this division 
was in the power assumed by the praetor to grant 
an action in special cases where no action could 
legally be brought, and in which an action, if 
brought, would have been inanis or inutilis. After 
the decline of the praetor's power, the actiones utiles 
were still extended by the contrivances of the juris 
prudentes and the rescripts of the emperors. When- 
ever an actio utilis was granted, it was framed on 
some analogy to a legally recognised .right of action. 
Thus, in the examples given by Gaius, 8 he who ob- 
tained the bonorum possessio by the pnetor's edict, 
succeeded to the deceased by the praetorian, and not 
the civil law : he had, therefore, no direct action 
{directa actio) in respect of the rights of the deceased, 
and could only bring his action on the fiction of his 
being what he was not, namely, heres. 

Actions were also divided into ordinaries, and ex- 
traordinarice. The ordinaries were those which were 
prosecuted in the usual way, first before the praetor, 
injure, and then before the judex, injudicio. When 
the whole matter was settled before or by the praetor 
in a summary way, the name extraordinaria was 
applicable to such action. {Vid. Interdict.) 

The foundation of the division of actions ihto 
actiones stricti juris, bonce fidei, and arbi.tr ariee, is not 
quite clear. In the actiones stricti juris, it appears 

1. (Inst., iv., tit. 6, s. 20.)— 2. (iv., 34.) 

17 



ACTIO. 



ACTIO. 



llidt the formula of the praetor expressed in precise 
and strict terms the matter submitted to the judex, 
whose authority was thus confined within limits, 
la the actiones bona fidei, or ex fide bona, 1 more lati- 
tude was given, either by the formula of the prastor, 
or was implied in the kind of action, such as the 
action ex empto, vendito, locato, &c, and th'e special 
circumstances of the case were to be taken into 
consideration by the judex. The actiones arbitraria 
were so called from the judex in such case being 
called an arbiter, probably, as Festus says, because 
the whole matter in dispute was submitted to his 
judgment; and he could decide according to the 
justice and equity of the case, without being fet- 
tered by the praetor's formula. It should be observed, 
also, that the judex properly could only condemn in 
a sum of money ; but the arbiter might declare that 
any particular act should be done by either of the 
parties, which was called his arbitrium, and was 
followed by the condemnatio if it was not obeyed. 

The division of actions into perpetua and tempo- 
rales had reference to the time within which an 
action might be brought, after the right of action 
had accrued. Originally those actions which were 
given by a lex, senahis consultum, or an imperial 
constitution, might be brought without any limita- 
tion as to time ; but those which were granted by 
the praetors authority were generally limited to 
the year of his office. A time of limitation was, 
however, fixed for all actions by the late imperial 
constitutions. 

The division of actions into actiones in jus and in 
factum is properly no division of actions, but has 
merely reference to the nature of the formula. In 
the formula in factum concepta, the prastor might 
direct the judex barely to inquire as to the fact 
which was the only matter in issue ; and on finding 
the fact, to make the proper condemnatio : as in the 
case of a freedman bringing an action against his 
patronus. In the formula in jus the fact was not in 
issue, but the legal consequences of the fact were 
submitted to the discretion of the judex. The 
formula in factum commenced with the technical 
expression, Siparet, &c, " If it should appear," &c; 
the formula in jus commenced, Quod A. A., &c, 
" Whereas A. A. did so and so." 2 

The actions which had for their object the pun- 
ishment of crimes were considered public, as op- 
posed to those actions by which some particular 
person claimed a right or compensation, and which 
were therefore called private. The former were 
properly called judicia publica ; and the latter, as 
contrasted with them, were called judicia privata. 
{Vid. Judicium.) 

The actions called noxales were when a filius 
familias (a son in the power of his father), or a 
slave, committed a theft, or did any injury to an- 
other. In either case the father or owner might 
give up the wrong- doer to the person injured, or 
else he must pay competent damages. These ac- 
tions, it appears, take their name either from the 
injury committed, or because the wrong-doer was 
liable to be given up to punishment {noxa) to the 
person injured. Some of these actions were of legal 
origin, as that of theft, which was given by the 
Twelve Tables; that of damnum, injuria, which 
was given by the Aquilia Lex ; and that of injuri- 
arum et vi bonorum raptorum, which was given by 
the edict, and therefore was of praetorian origin. 
This instance will serve to show that the Roman 
division and classification of actions varied accord- 
ing as the Roman writers contemplated the sources 
of rights of action, or the remedies and the modes 
of obtaining them. 

An action was commenced by the plaintiff sum- 
moning the defendant to appear before the praetor or 
other magistrate who had jurisdictio : this process 
was called in jus vocatio ; and, according to the 

1 (Cic, Top., 17.)— 2. (Gaius, iv., 46, 47.) 
IS 



laws of the Twelve Tables, was in effect a drag 
ging of the defendant before the praetor if he refused 
to go quietly. This rude proceeding was modified 
in later times, and in many cases there could be no 
in jus vocatio at all, and in other cases it was neces- 
sary to obtain the praetor's permission under pain 
of a penalty. It was also established that a man 
could not be dragged from his own house ; but if a 
man kept his house to avoid, as we should say, 
being served with a writ, he ran the risk of a kind 
of sequestration {actor in bona mittebatur). The 
object of these rules was to make the defendant ap- 
pear before the competent jurisdiction ; the device 
of entering an appearance for the defendant does 
not seem to have suggested itself to the Roman 
lawyers. 1 If the defendant would not go quietly, 
the plaintiff called on any by-stander to witness 
{anlestari) that he had been duly summoned, touched 
the ear of the witness, and dragged the defendant 
into court. 2 The parties might settle their dispute 
on their way to the court, or the defendant might, 
be bailed by a vindex. 3 The vindex must not be 
confounded with the vades. This settlement of 
disputes on the way was called transactio in via, 
and serves to explain a passage in St. Matthew.* 

When before the prastor, the parties were said 
jure agere. The plaintiff then prayed for an action, 
and if the praetor allowed it (dabat actionem), he then 
declared what action he intended to bring against 
the defendant, which was called edere actionem. 
This might be done in writing, or orally, or by the 
plaintiff taking the defendant to the album, and show- 
ing him which action he intended to rely on. 6 As 
the formula, comprehended, or were supposed to 
comprehend, every possible form of action that 
could be required by a plaintiff, it was presumed 
that he could find among all the formulae some one 
which was adapted to his case, and he was accord- 
ingly supposed to be without excuse if he did not 
take pains to select the proper formula. 6 If he took 
the wrong one, or if he claimed more than his due, 
he lost his cause; 7 but the prastor sometimes gave 
him leave to amend his claim or intentio* if, for 
example, the contract between the parties was for 
something in genere, and the plaintiff claimed some- 
thing in specie, he lost his action : thus the contract 
might be, that the defendant undertook to sell the 
plaintiff a quantity of dyestuff or a slave ; if the 
plaintiff claimed Tyrian purple or a particular 
slave, his action was bad; therefore, says Gaius, 
according to the terms of the contract, so ought the 
claim of the intentio to be. It will be observed that, 
as the formulae were so numerous and comprehen- 
sive, the plaintiff had only to select the formula 
which he supposed to be suitable to his case, and it 
would require no farther variation than the inser- 
tion of the names of the parties and of the thing 
claimed, or the subject-matter of the suit, with the, 
amount of damages, "fee, as the case might be. 
When the praetor had granted an action, the plain- 
tiff required the defendant to give security for his 
appearance before the praetor (in jure) op a day 
named, commonly the day but one after the in jots 
vocatio, unless the matter in dispute was settled at 
once. The defendant, on finding a surety, was said 
vades dare, 9 vadimonium promittere or facer*; the 
surety, vas, was said spondere ; the plaintiff, when 
satisfied with the surety, was said vadari reum, tc 
let him go on his sureties, or to have sureties frGm 
him. When thf> '.^aidant promised to appear m 
jure on the day mmvtA, without giving any surety, 
this was callecf vadimonium purum. In some cases 
recuperatores (vid. Judex) were named, who, in case 

1. (Dig-. 2, tit. 4.)— 2. (Hor., Serm. I., ix., 75., scqq.— Plau- 
tus, Curcul., v., 2.) — 3. (Cic, Top., 2. — Gaius, iv., 46.) — 4. (v., 
25. — It is not easy to state correctly the changes in procedure 
which took place after the abolition of the legitime? actiones 
Compare Gaius, iv., 25, 46.)— 5. (Dig-. 2, tit. 13.)— 6. (Ci ,., 
pro Ros. Coin., c. 8.) — 7. (" Causa cadebat :" Cic, de Orat., i., 
I 36.)— 8. (Gaius, iv., 53, scqq.)— 9. (Hor., Serm. I., i„ 11.) 



zxCTIO. 



ACTIO. 



01 ine defendant making default, condemned him in 
the sum of money named in the vadimonium. 

If the defendant appeared on the day appointed, 
he was said vadimonium sistere ; if he did not ap- 
pear, he was said vadimonium deseruisse, and the 
praetor gave to the plaintiff the bonorum possessio. 1 
Both parties, on the day appointed, were sVjnmoned 
by a crier (prceco), when the plaintiff made his claim 
or demand, which was very briefly expressed, and 
may be considered as corresponding to our declara- 
tion at law. 

The defendant might either deny the plaintiff's 
claim, or he might reply to it by a plea, exceptio. 
If he simply denied the plaintiff's claim, the cause 
was at issue, and a judex might be demanded. 
The forms of the exceptio also were contained in the 
praetar's edict, or, upon hearing the facts, the praetor 
adapted the plea to the case. The exceptio was the 
defendant's defence, and was often merely an equi- 
table answer or plea to the plaintiff 's legal demand. 
The plaintiff might claim a thing upon his contract 
with the defendant, and the defendant might not de- 
ny the contract, but might put in a plea of fraud 
(dolus malus), or that he had been constrained to 
come to such agreement. The exceptio was in effect 
something which negatived the plaintiff's demand, 
and it was expressed by a negative clause : thus, if 
the defendant should assert that the plaintiff fraudu- 
lently claimed a sum of money which he had not 
given to the defendant, the exceptio would run thus : 
Si in ea re nihil dolo malo Auli Agerii factum sit neque 
fiat. Though the exceptio proceeded from the de- 
fendant, it was expressed in this form, in order to be 
adapted for insertion in the formula, and to render 
the condemnatio subject to the condition. 

Exceptions were peremptoricB or dilatoria. Per- 
emptory exceptions were a complete and perpetual 
answer to the plaintiff's demand, such as an excep- 
tio of dolus malus or of res judicata. Dilatory ex- 
ceptions were, as the name imports, merely calcu- 
.ated to delay the plaintiff's demand; as, for in- 
stance, by showing that the debt or duty claimed 
was not yet due. Gaius considers the exceptio 
litis dividua, and rei residua? as belonging to this 
class. If a plaintiff prosecuted his action after a 
dilatory exception, he lost altogether his right of 
action." There might be dilatory exceptions, also, 
to the person of the plaintiff, of which class is the 
exceptio cognitoria, by. which the defendant objects 
either that the plaintiff is not entitled to sue by a 
cognitor, or that the cognitor whom he had named 
was not qualified to act as a cognitor. If the ex- 
ception was allowed, the plaintiff could either sue 
himself, or name a proper cognitor, as the case 
might be. If a defendant neglected to take advan- 
tage of a peremptory exceptio, the praetor might af- 
terward give him permission to avail himself of 
it; whether he could do the same in the case of a 
dilatory, was a doubtful question. 3 

The plaintiff might reply to the defendant's excep- 
tio, for the defendant, by putting in his plea, became 
an actor. ( Vid. Actor.) The defendant's plea might 
be good, and a complete answer to the plaintiff's 
demand, and yet the plaintiff might allege some- 
thing that would be an answer to the plea. Thus, 
in the example given by Gaius,* if the auctioneer 
{argentarius) claimed the price of a thing sold by 
auction, the defendant might put in a plea, which, 
when inserted in the formula, would be of this shape : 
Ut ita demum emptor damnetur, si ei res quam emerit 
tradila sit ; and this would be in form a good plea. 
But if the conditions of sale were that the article 
should not be handed to the purchaser before the 
money was paid, the argentarius might put in a re- 
plicatio in this shape: Nisi pnedictum est ne aliter 
emptori res traderetur quam si pretium emptor solvent. 



1. (Hor., Serm. I., iz , 36, seqq. — Cic, pro P. Quinctio, o. 6.) 
-2 (ii , 12?. ) -3. (Gaius, iv., 125.)—!. (iv., 126.) 



If the defendant answered the replication his answti 
was called duplicatio; and the parties might go en 
to the triplicatio and quadruplicate, and even farther, 
if the matters in question were such that they could 
not otherwise be brought to an issue. 

It remains to speak of the prascriptio, so called 
from being written at the head or beginning of the 
formula, and which was adapted for the protection 
of the plaintiff in certain cases. 1 For instance, if 
the defendant was bound to make to the plaintiff a 
certain fixed payment yearly or monthly, the plain- 
tiff had a good cause of action for all the sums of 
money already due ; but, in order to avoid making 
his demand for the future payments not yet due, k 
was necessary to use a prescription of the follow • 
ing form : Ea res agatur cujus rei diesfuit. 

A person might maintain or defend an action by 
his cognitor or procurator, or, as we should say, by 
his attorney. The plaintiff and defendant used a 
certain form of words in appointing a cognitor, and 
it would appear that the appointment was made in 
the presence of both parties. The cognitor needed 
not to be present, and his appointment was com- 
plete when by his acts he had signified his assent. 1 
No form of words was necessary for appointing a 
procurator, and he might be appointed without the 
knowledge of the opposite party. 

In many cases both plaintiff and defendant might 
be required to give security (satisdare) ; for instance, 
in the case of an actio in rem, the defendant who 
was in possession was required to give security, in 
order that, if he lost his cause and did not restore 
the thing, nor pay its estimated value, the plaintiff 
might have an action against him or his sureties. 
When the actio in rem was prosecuted by the formula 
petiloria, that stipulatio was made which was called 
judicatum solvi. As to its prosecution by the sponsio, 
see Sponsio and Centumviri. If the plaintiff sued 
in his own name, he gave no security; nor was any 
security required if a cognitor sued for him, either 
from the cognitor or the plaintiff himself, for the 
cognitor actually represented the plaintiff, and was 
personally liable. But if a procurator acted for 
him, he was obliged to give security that the plain- 
tiff would adopt his acts ; for the plaintiff was not 
prevented from bringing another action when a pro- 
curator acted for him. Tutors and curators gener- 
ally gave security, like procurators. In the case of 
an actio in personam, the same rules applied to the 
plaintiff as in the actio in rem. If the defendant ap- 
peared by a cognitor, the defendant had to give se- 
curity; if by a procurator, the procurator had to 
give security. 

When the cause was brought to an issue, a judex 
or judices might be demanded of the praetor who 
named or appointed a judex, and delivered to him 
the formula which contained his instructions. The 
judices were said dari or addici. So far the pro- 
ceedings were said to be injure: the prosecution of 
the actio before the judex requires a separate dis- 
cussion. 

The following is an example of a formula taken 
from Gaius: 3 Judex esto. Si paret Aulum Agerium 
apud Numerium Negidium mensam argenteam depo- 
suisse eamque dolo malo Numerii Negidii Aulo Agerio 
redditam non esse quanti ea res erit tantam pecuniam 
judex Numerium Negidium Aulo Agerio condemnato • 
si nan paret, absolvito. 

The nature of the formula, however, will be bet- 
ter understood from the following analysis of it by 
Gaius : It consisted of four parts, the demonstratio, 
intentio, adjudicatio, condemnatio. The demonstratw 
is that part of the formula which explains what the 
subject-matter of the action is. For instance, if the 
subject-matter be a slave sold, the demonstralio would 
run thus : Quod Aulus Agerius Numerio Negidio horn- 



1. (Gaius, iv., 130, seqq.— Cic, de Orat., i., 37.)— 2. (Cic.Dra 
Q. Roscio, c. 2.— Hor., Serm. I., v., 35.)— 3. Pv.. 47.) 



AC TDK. 



AC US. 



*n*7/& vendidit. The intentio contains the claim or 
demand of the plaintiff: Si paret hominem ex jure 
Quiritium Auli Agerii esse. The adjudicatio is that 
part of the formula which gives the judex authority 
to adjudicate the thing which is the subject of dis- 
pute to one cr other of the litigant parties. If the 
action be among partners for dividing that which 
belongs to them all, the adjudication would run 
thus : Quantum adjudicari oportet judex Titio adjudi- 
cate. The condemnatio is that part of the formula 
which gives the judex authority to condemn the de- 
fendant in a sum of money, or to acquit him : for 
example, Judex Numerium Negidium Aulo Agerio 
sestertium milia condemna: si non paret, absolve. 
Sometimes the intentio alone was requisite, as in 
the formulae called prcejudiciales (which some mod- 
ern writers make a class of actions), in which the 
matter for inquiry was, whether a certain person 
was a freedman, what was the amount of a dos, and 
other similar questions, when a fact solely was the 
thing to be ascertained. 

Whenever the formula contained the condemnatio, 
it was framed with the view to pecuniary damages ; 
and, accordingly, even when the plaintiff claimed a 
particular thing, the judex did not adjudge the de- 
fendant to give the thing, as was the ancient prac- 
tice at Rome, but condemned him in a sum of mon- 
ey equivalent to the value of the thing. The for- 
mula might either name a fixed sum, or leave the 
estimation of the value of the thing to the judex, 
who in all cases, however, was bound to name a 
definite sum in the condemnation. 

The formula then contained the pleadings, or the 
statements and counter-statements, of the plaintiff 
and the defendant ; for the intentio, as we have seen, 
was the plaintiff's declaration; and if this was met 
by a plea, it was necessary that this also should be 
inserted in the formula. The formula also con- 
tained the directions for the judex, and gave him 
the power to act. The resemblance between the 
English and Roman procedure is pointed out in a 
note in Starkie's Law of Evidence. 1 

The following are the principal actions which we 
read of in the Roman writers, and which are briefly 
described under their several heads: Actio — Aquce 
pluvia arcendce ; Bonorum vi raptorum ; Certi et In- 
certi; Commodati; Communi dividundo ; Confessoria; 
Damni injuria dati ; Dejecti vel effusi ; Depensi ; De- 
positi ; De dolo malo ; Emti et venditi ; Exercitoria ; 
Ad Exhibendum; Families, erciscundce; Fiduciaria; 
Finium regundorum ; Furti ; Hypothecaria ; Injuri- 
arum; Institoria; Judicati; Quodjussu; Legis Aqui- 
lice ; Locati et conducti ; Mandati mutui ; Negativa ; 
Negotiorum gestorum ; Noxalis ; De pauperie ; Depe- 
culio ; Pignoraticia or Pignoratitia ; Publiciana ; 
Quanti minoris ; Rationibus distrahendis ; De recepto ; 
Redhibitoria ; Rei uxorice or Dotis ; Restitutoria and 
Rescissoria ; Rutiliana ; Serviana ; Pro socio ; Ti'ibu^ 
toi'ia; Tutelce. 

ACTOR signified generally a plaintiff. In a 
civil or private action, the plaintiff was often called 
vetitor; in a public action {causa publico) he was 
called accusator* The defendant was called reus, 
both in private and public causes : this term, how- 
ever, according to Cicero, 3 might signify either 
party, as indeed we might conclude from the word 
itself. In a private action the defendant was often 
called adversarius, but either party might be called 
adversarius with respect to the other. Originally, 
no person who was not sui juris could maintain an 
action ; a jilius familias, therefore, and a slave, could 
not maintain an action ; but in course of time cer- 
tain actions were allowed to a Jilius familias in the 
absence of his parent or his procurator, and also in 
case the parent was incompetent to act from mad- 
ness or other like cause.* Wards brought their ac- 
tions by their guardian or tutor; and in case they 

1. (i., p. 4.)— 2. (Cic. ad Att., i., 16.)— 3. (De Orat., ii., 43.) 
4 (Dij. 47, tit. 10, s. 17.) 
20 



wished to bring an action against their tutor, the 
prsetor named a tutor for the purpose. 1 Peregrini, 
or aliens, originaMy brought their action through 
their patronus; but afterward in their own name, 
by a fiction of law, that they were Roman citizens. 
A Roman citizen might also generally bring his ac- 
tion by means of a cognitor or procurator. (Vid. 
Actio.) A universitas, or corporate body, sued and 
was sued by their actor or syndicus. 2 

Actor has also the sense of an agent or managtr 
of another's business generally. The actor publicum 
was an officer who had the superintendence or care 
of slaves and property belonging to the state. 3 

ACTOR. (Vid. Histrio.) 

ACTUA'RII, short-hand writers, who took down 
the speeches in the senate and the public assemblies.* 
In the debate in the Roman senate upon the punish- 
ment of those who had been concerned in the con- 
spiracy of Catiline, we find the first mention of 
short-hand writers, who were employed by Cicero 
to take down the speech of Cato. 

The actuarii militia, under the Roman emper- 
ors, were officers whose duty it was to keep the ac- 
counts of the army, to see that the contractors sup- 
plied the soldiers with provisions according to agree- 
ment, &e. 5 

ACTUS, a Roman measure of length. "Actus 
vocabatur, in quo boves agerent/ur cum aratro, uno im- 
petu justo. Hie erat exx pedum ; duplicatusque in 
longitudinem jugerum faciebat." 6 This actus is called 
by Columella act/us quadratus; he says, 7 " Actus 
quadratus undiquefinitur pedibus cxx. Hoc duplicatum 
facit jugerum, et ab eo, quod erat junchtm,jugeri nomen 
usurpavit; sed Ivunc actum provincia Bczticce rustici 
acnuam (or acnam) vocant." Varro 8 says, "Actus 
quadratus qui et latus est pedes cxx, et longus totidem, 
is modus acnua Latine appellatur." The ad/us quad- 
ratus was therefore equal to half a jugerum, or 14,400 
square Roman feet. The actus minimus or simplex"' 
was 120 feet long and four broad, and therefcie 
equal to 480 square Roman feet. 

ACTUS. (Vid. Servitutes.) 

ACUS, dim. ACIC'ULA (peXovr;, pelovig, daftf, 
a needle, a pin. 

We may translate acus a needle, when we suppose 
it to have had at one end a hole or eye 10 for the 
passage of thread ; and a pin, when, instead of a 
hole, we suppose it to have had a knob, a small 
globe, or any other enlarged or ornamental termina- 
tion. 

The annexed figures of needles and pins, chiefly 
taken from originals in bronze, vary in length fro*™ 
an inch and a half to about eight inches. 



fa 



M 



% 



w 



Pins were made not only of metal, but also o! 
wood, bone, and ivory. Their principal use was to 
assist in fastening the garments, and more particu- 
larly in dressing the hair. The mode of platting 
the hair, and then fastening it with a pin or needle, 

1. (Gaius, i., 184.)— 2. (Di?. 3, tit. 4.)— 3. < Tacit., Ann., ii., 
30 ; iii., 67.— Lips., Excurs. ad Tacit., Ann., ii. 30.) — 4. (Suet- 
Jul., 55. — Seneca, Ep. 33.) — 5. (Ammiaii., xx., 5. — Cod. xii. 
tit. 37, s. 5, 1#; xii., tit. 49.)— 6. (Plin., H. N., xviii., 3.)— 7 
(v., 1.)— 8. (De Re Rust., i., 16.)— 9. (Colum , v., 1.— Varro. 
De Ling-. Lat. V., 4.) — 10. (Tpvizrjiia, 7pvfxa\i<i.) 



ADAMAS. 



ADLECTOR. 



is shown in the annexed figure of a female nead, 
taken from a marble group which was found at Apt, 
in the sou'h of France. 1 




This fashion has been continued to our own times 
0> the females of Italy. Martial alludes to it in the 
follow ing epigram, in which he supposes the hair to 
be anointed with perfumes and decorated with rib- 
ands : 

" Tenuia ne madidi violent bombycina crines, 
Figat aciis tertas. sustineatque comas."* 

The acus was employed as an instrument of tor- 
ture, being inserted under the nails. 

Honesty was enjoined upon children by telling 
them that it was wrong even to steal a pin. 

Mrjde fleXovrjc lva\ip? eiridv/iric, Trafj,<j>i2,e, 
'O -yap Qebg fiteirei as 'K'/X-rjalov irapuv. 3 

*AD'AMAS (uddfiac), a name given by the an- 
cients to several hard substances, and among the 
rest, probably to the Diamond. Psellus describes 
the gem adamas as follows : xpoiav fj.lv ex EL ve2,t£ov- 
acv real aTLlwfiv, " its colour resembles crystal, and 
is splendid." — " It is probable," observes Dr. Moore, 
" that Pliny, when speaking of the gem called ad- 
u?nas,* had in view, among other things, the dia- 
mond ; but it is plain, from the fables he relates of 
»t, that this substance 'of highest value, not only 
among gems, but all human things, and for a long 
time known to kings only, and to very few of them,' 
was unknown to him. He has evidently confound- 
ed in his description several widely different miner- 
als ; to which, from their hardness, or their, in some 
respect or other, indomitable nature, the Greeks 
gave the name adufiag, ' adamant.' Thus steel was 
very frequently so called; 5 and those grains of na- 
tive gold, which, when the gangue containing them 
was reduced to powder in a mortar, resisted the pes- 
tle and could not be comminuted by it, were called 
adamas. 6 Something of this sort Pollux meant by 
that ' flower of gold,' 7 or choicest gold, which he 
calls adamas ,- 8 and Plato, too, by c the branch or 
knot of gold,' 9 which, from its density, very hard and 
deep coloured, was called adamas} It was, no doubt, 
this native gold that was spoken of in the authors 
from whom Pliny drew, when he wrote that adamas 
is found in gold mines; that it accompanies gold; 
that it seems to occur nowhere but in gold ; that it 
is not larger than a cucumber seed, nor unlike to it 
in colour. Of the six kinds he mentions, that de- 
scribed as occurring in India, not in gold, but bear- 
ing some resemblance to crystal, may have been 
the diamond; though even here it is probable that 
tie, and those from whom he copies, mistook fine 
crystals of quartz for diamonds, or, rather, call 
such crystals adamas. The description given is 

L (Montfaucon, Ant. Exp. Suppl., iii., 3.) — 2. (Lib. xiv., Epig. 
24.)— 3. (Menan. et Philem., Reliq. a Meineke, p. 306.)— 4. 
(II. N., xxxvii., 15.)— 5. ('Afa/iaj. ykvos citrjpov- Ilesych.— 
Stanley, in ^Esch., Prom. Vinct., 6.)— 6. (Salmas., Exercit. 
Plin., p. 757.) — 7. (ypvcrov avBic) — 8. (vii., 99.) — 9. (xpvcrov 
Koc ^—10. (Tim., v., 7, p. 5", ed Tauchn.) 



precisely that of a crystal of quartz, in which the 
prism has entirely disappeared, leaving a double 
six-sided pyramid upon a common base. 1 The 
manner in which Dionysius Periegetes character- 
izes adamas may lead us to suspect that he also 
spoke of crystals of quartz ; for the diamond in its 
unpolished state, as known to the ancients, would 
hardly have been styled ' all-resplendent,' 2 ana 
afterward 'brilliant.' 3 The locality, too, in the 
former case, being Scythia. The variety of adamas 
which Pliny calls siderites, was magnetic iron ore;* 
and the Cyprian was probably emery, or some simi- 
lar substance used in engraving gems." 5 

*ADAR'KES (adapKTic). Matthiolus admits his 
ignorance of what this substance is, and Matthias 
Faber was in error when he referred it to the Lap-is 
Spongites. 6 From the description of it given by 
Dioscorides and Paulus iEgineta, it was evidently 
nothing but the efflorescence which gathers about 
reeds in certain salt lakes. 7 

ADDIC'TI. (Vid. Nexi.) 

ADDIC'TIO. (Vid. Actio.) 

ADDIX, ADDIXIS {addi£, uddifo), a Greek meao 
ure, according to Hesychius equal to four xoiviiceg. 

ADEIA (adeia). When any one in Athens, who 
had not the full privileges of an Athenian citizen, 
such as a foreigner, a slave, &c, wished to accuse 
a person of any offence against the people, he was 
obliged to obtain first permission to do so, which 
permission was called udeia* An Athenian citizen 
who had incurred aTLjiia (vid. Atimia) was also 
obliged to obtain adeta before he could lay an infor 
mation against any one. 9 

ADEMP'TIO. (Vid. Legatum.) 

ADGNA'TIO. (Vid. Heres; Testamentum.) 

ADGNA'TI. (Vid. Cognati.) 

*AD'IANTON, a plant. There can be no doubt 
that it is the Adiantum Capillus, or " Maiden-hair." 
Both Nicander and Theophrastus say of it, that it 
derives its name from the circumstance of its not 
being wet by rain (d, neg., and dtaivo, "to wet"). 
Apuleius mentions Callitrichon, Polytrickon, and As- 
plenon as synonymes of it. 10 

'AAIKI'AS irpbg rbv dii[j.ov ypacprj, and a-narriGEue 
tov drjpov ypaty-n, were actions brought in the Athe- 
nian courts against persons who were considered to 
have misled the people, the courts of justice, or the 
senate of Five Hundred, by misrepresentations or 
false promises, into acts of injustice, or into measures 
injurious to the interests of Athens. If an individual 
was found guilty, he was punished with death. The 
law relating to these offences is preserved by Demos- 
thenes. 11 

ADITTO HEREDITA'TIS. (F^.Hereditas.) 

ADJUDICA'TIO. (Vid. Actio.) 

ADLEC'TI were those persons who were ad- 
mitted to the privileges and honours of the praetor- 
ship, quaestorship, aedileship, and other public offices, 
without having any duties to perform. 12 In inscrip- 
tions we constantly find, adleckts inter tribunos, inter 
quastores, inter pradores, &c. The name also was 
applied, according to Festus, to those senators who 
were chosen from the equites on account of the 
small number of senators ; but it appears more prob- 
able that the adlecti were the same as the con- 
scripti. Livy says, Conscriptos in novum senatum 
appellabant ledos. 13 

ADLEC'TOR, a collector of taxes in the prov- 
inces in the time of the Roman emperors. 14 

1. (Plin.,H. N., xxxvii., 15.)— 2. (rra/i^avdwvru : Dion. Perieg., 
318.)— 3. (napfiaipovra : Id. ib., 1119.)— 4. (Salmas., Exercit. Plin., 
p. 773, seq.— Jamieson, Mineral., i., 41.)— 5. (Salmas., Exercit 
Plin., p. 774. — Moore's Ancient Mineralogy, p. 143, seq.) — 6. 
(Dioscor., v., 137.— Paul. ^Egin., vii.— Mangeti, Bibl. Scrip 
Med.)— 7. (Adams, Append., s. v.)— 8. (Plut., Pericl., c. 31.)— 
9. (Demosth., c. Timocr., 12, p. 715.— Plut., Phoc, c. 26.)— 1G. 
(Theophrast., H. P., vii., 14— Nicand., Ther., 846.)— 11. (c 
Leptin., c. 21. p. 487.— Id. ib., c. 29, p. 498— Id., c. Timoth., p 
1204.— Dinarch., c. Philoc, c. 1, p 93.)— 12. (Capitclin., Pertm 
c. 6.)— 13 (k, 1.)— 14. (Cod. Tke-od., xii., tit. vi., s. 12? 

21 



ADOPTION 



ADOPTION. 



ADMISSIONA'LES were chamberlains at the 
imperial court, who introduced persons to the pres- 
ence of the emperor. 1 They were divided into 
fowc classes; the chief officer of each class was 
called proximus admissionum ; 2 and the proximi were 
under the magister admissionum. 3 The admission- 
ales were usually freedmen.* 

Friends appear to have beer, called amid admis- 
s-ionis primes, secundcz, or tertics. According to 
some writers, they were so called in consequence 
of the order in which they were admitted ; accord- 
ing to others, because the atrium was divided into 
different parts, separated from one another by hang- 
ings, into which persons were admitted according 
to the different degrees of favour in which they were 
held. 6 

ADO'NIA (ddovia), a festival celebrated in hon- 
our of Aphrodite and Adonis in most of the Grecian 
cities. 6 It lasted two days, and was celebrated by 
women exclusively. On the first day they brought 
into the streets statues of Adonis, which were laid 
out as corpses ; and they observed all the rites cus- 
tomary at funerals, beating themselves and uttering 
lamentations. 7 The second day was spent in mer- 
riment and feasting, because Adonis was allowed 
to return to life, and spend half of the year with 
Aphrodite. 8 

*ADO'NIS (aduvic, or e&koitoc), the Flying-fish, 
or Exoccetus volitans, L. 9 

ADOPTION (GREEK). Adoption was called 
by the Athenians eigttoiticuc, or sometimes simply 
nolijatc or -&Eate. The adoptive father was said 
TrocEiadat, doTroieladat, or sometimes ttolelv ; and 
the father or mother (for a mother after the death 
of her husband could consent to ner son being 
adopted) was said ekttoleiv : the son was said ekttoi- 
eladai, with reference to the family which he left ; 
and ElaTToiEicdai with reference to the family into 
which he was received. The son, when adopted, 
was called tcoltjto^, eIottoit/toc;, or -&ETog, in opposi- 
tion to the legitimate son born of the body of the 
father, who was called yvrjciog. 

A man might adopt a son either in his lifetime or 
by his testament, provided he had no male offspring 
and was of sound mind. He might also, by testa- 
ment, name a person to take his property, in case 
his son or sons should die under age. 10 If he had 
male offspring, he could not dispose of his property. 
This rule of law was closely connected with the 
rule as to adoption ; for if he could have adopted a 
son when he had male children, such son would 
have shared his property with the rest of his male 
children, and to that extent the father would have 
exercised a power of disposition which the law de- 
nied him. 

Only Athenian citizens could be adopted ; but fe- 
males could be adopted (by testament at least) as 
well as males. 11 The adopted child was transferred 
from his own family and demus into those of the 
adoptive father ; he inherited his property, and main- 
tained the sacra of his adoptive father. It was not 
necessary for him to take his new father's name, 
but he was registered as his son. The adopted son 
might return to his former family, in case he left a 
child to represent the family of his adoptive father : 
unless he so returned, he lost all right which he 
might have had on his father's side if he had not 
been adopted; but he retained all rights which he 
might have on his mother's side, for the act of adop- 
tion had no effect so far as concerned the mother of 



1. (Lamprid., Sever., c. 4. — " Officium admissionis." Suet., 
Vesp., c. 14.) — 2. (Ammian., xxii., 7.) — 3. (Ammian., xv., 5. — 
Vop., Aurel., c. 12.)— 4. (Cod. Theod., vi., tit. 2, s. 12 ; tit. 9, 
8 2 : tit. 35, s. 3.) — 5. (Sen., de Benef., vi., 33, seq. — Clem., i., 
10.) — 6. (Aristoph., Pax, 412.— Schol. in loc.)— 7. (Plutarch, 
Ale. c. 18. — Nic, c. 13.) — 8. (For a fuller account, consult An- 
thon's Classical Dictionary, s. v.) — 9. (iElian, ix., 36. — Plin., 
II. N., ix., 19.)— 10. (Demosth., Kara Hrecpdvov VcvS., 13.)— 11. 
iTsaeus Ttspl tov ' Ayw'ou Kh'jpov.) 

22 



the adopted person; she still continued hie oic*he« 
after the act of adoption. 

The next of kin of an Athenian citizen were en- 
titled to his property if he made no disposition of it 
by will, or made no valid adoption during his life- 
time ; they were, therefore, interested in preventing 
fraudulent adoptions. The whole community were 
also interested in preventing the introduction into 
their body of a person who was not an Athenian 
citizen. To protect the rights of the next of kin 
against unjust claims by persons who alleged them- 
selves to be adopted sons, it was required that the 
father should enter his son, whether born of his 
body or^ adopted, in the register of his phratria 
(dparpiKov ypaufiaTElov) at a certain time, the Thar- 
gelia, 1 with the privity of his kinsmen and phratorea 
(■ysvvTjTai, <ppdropEg). Subsequently to this, it was 
necessary to enter him in the register of the adoptive 
father's demus {"kriZtapxinbv ypauuaTElov), without 
which registration it appears that he did not possess 
the full rights of citizenship as a member of his new 
demus. 

If the adoption was by testament, registration 
was also required, which we may presume that the 
person himself might procure to be done if he was 
of age, or if not, his guardian or next friend. If a 
dispute arose as to the property of the deceased 
(nlfjpov diadtKacia) between the son adopted by 
testament and the next of kin, there could properly 
be no registration of the adopted son until the tes- 
tament was established. If a man died childless 
and intestate, his next of kin, according to the 
Athenian rules of succession, 2 took his property by 
the right of blood {dyxiorEia Kara ysvog). Thougfc 
registration might in this case also be required, 
there was no adoption properly so called, as some 
modern writers suppose ; for the next of kin neces- 
sarily belonged to the family of the intestate. 

The rules as to adoption among the Athenians 
are not quite free from difficulty, and it is not easy 
to avoid all error in stating them. The general 
doctrines may be mainly deduced from the oration, i 
of Isaeus, and those of Demosthenes against Macar- 
tatus and Leochares. 

ADOPTION (ROMAN). The Roman 3 ela- 
tion of parent and child arose either from a lawful 
marriage or from adoption. Adoptio was the gen- 
eral name which comprehended the two species, 
adoptio and adrogatio ; and as the adopted person 
passed from his own familia into that of the person 
adopting, adoptio caused a capitis diminutio, and the 
lowest of the three kinds. Adoption, in its specific 
sense, was the ceremony by which a person who 
was in the power of his parent (in potestate paren- 
tium), whether a child or grandchild, male or fe- 
male, was transferred to the power of the person 
adopting him. It was effected under the authority 
of a magistrate (magistratus), the praetor, for in- 
stance, at Rome, or a governor (presses) in the 
provinces. The person to be adopted was emanci- 
pated (vid. Mancipatio) by his natural father before 
the competent authority, and surrendered to the 
adoptive father by the legal form called in jure 
cessio. 3 

When a person was sui juris, i. e., not in the 
power of his parent, the ceremony of adoption was 
called adrogatio. Originally it could only be effect- 
ed at Rome, and only by a vote of the populus 
(populi auctoritate) in the comitia curiata (lege curi- 
ata) ; the reason of this being that the caput or 
status of a Roman citizen could not, according to 
the laws of the Twelve Tables, be affected except 
by a vote of the populus in tie comitia curiata. 
Clodius, the enemy of Cicero, v as adrogated into a 
plebeian family in order to qualify himself to be 
elected a tribunus plebis.* Females could not be 

1. (Isaeus, -Ktpl tov , Azo)\oSu>p. KXrjpov, 3, 5.) — 2. (Demosth., 
Trpd? Aewx; <"•• 6.)— 3. (A. Gell., v., c. 19- S jet , Aug.. c. 64.}— 
4. (Cic. ad Att., ii., 7.— Id , pro D< m.) 



ADQRATIO. 



ADULTERIUM. 



adcDtcd by the adrogatio. Under the emperors it 
became the practice to effect the adrogatio by an 
imperial rescript (principis auctoritate, ex rescripto 
principis) ; but this practice had not become estab- 
lished in the time of Gaius, or, as it appears, of 
Ulpian. 1 It would seem, however, from a passage 
in Tacitus, 3 that Galba adopted a successor without 
the ceremony of the adrogatio. By a rescript of 
the Emperor Antoninus Pius, addressed to the pon- 
»ifices, those who were under age (impuberes), or 
wards (piopilli), could, with certain restrictions, be 
adopted by the adrogatio. If a father who had 
children in his power consented to be adopted by 
another person, both himself and his children be- 
came in the power of the adoptive father. All the 
property of the adopted son became at once the 
property of the adoptive father. 3 A person could 
not legally be adopted by the adrogatio till he had 
made out a satisfactory case (justa, bona, causa) to 
the pontifices, who had the right of insisting on 
certain preliminary conditions. This power of the 
pontifices was probably founded on their right to 
preserve the due observance of the sacra of each 
gens.* It would, accordingly, have been a good 
ground of refusing their consent to an adrogatio, 
if the person to be adopted was the only male of 
his gens, for the sacra would in such case be lost. 
It was required that the adoptive father also had no 
children, and no reasonable hopes of any ; and, as 
a consequence of this condition, that he should be 
older than the person to be adopted. 

A woman could not adopt a person, for even her 
own children were not in her power. 

Final) v, all adoption was effected by the imperial 
rescript. 

The effect of adoption was to create the legal re- 
lation of father and son, just as if the adopted son 
were born of the blood of the adoptive father in 
lawful marriage. The adopted child was entitled 
to the name and sacra privata of the adopting 
parent, and it appears that the preservation of the 
sacra privata, which by the laws of the Twelve 
Tables were made perpetual, was frequently one 
of the reasons for a childless person adopting a son. 
In case of intestacy, the adopted child might be the 
heres of his adoptive father. He became the brother 
of his adoptive father's daughter, and therefore 
could not marry her; but he did not become the 
son of the adoptive father's wife, for adoption only 
gave to the adopted son the jura agnationis. 5 

The phrase of " adoption by testament" 6 seems to 
be rather a misapplication of the term ; for, though 
a man or woman might by testament name a heres, 
and impose the condition of the heres taking the 
name of the testator or testatrix, this so-called 
adoption could not produce the effects of a proper 
adoption. It could give to the person so said to be 
adopted the name or property of the testator or tes- 
tatrix, but nothing more. A person on passing 
from one gens into another, and taking the name 
of his new familia, generally retained the name of 
' Ms old gens also, with the addition to it of the ter- 
mination anus. Thus C. Octavius, afterward the 
Emperor Augustus, upon being adopted by the tes- 
tament of his uncle the dictator, assumed the name 
of Caius Julius Caesar Octavianus ; but he caused 
the adoption to be confirmed by the curiae. 7 

ADORA'TIO (7rpo<7Kvv7]cnc) was paid to the gods 
in the following manner : The individual stretched 
out his right hand to the statue of the god whom he 
wished to honour, then kissed his hand and waved 
it to the statue. Hence we have in Apuleius, 
14 Nulli Deo adlmc supplicavit ; nullum templum fre- 

1. (Compare Gaius, i., 98, with Gaius as cited in Dig. 1, tit. 
7,s.2 ; and Ulpian, Frag., tit. 8.)— 2. (Hist., i., 15.)— 3. (Gaius, 
ii., 98.) — 4. (Cic, pro Dom., 13, seqq.)— 5. (Gaius, i., 97-107 — 
Di?. 1, tit. 7.— Cicero, pro Domo.)— 6. (Cic, Brut., 58.)— 7. 
(Cic, Off., iii., 18.— Id. ad Alt., vii., 8.— Suet , Jul., 83.— Tib., 
2, .'-.cqq.—Heinecc, Syntagma.— Dig. 36, tit 1, s 63.) 



quentavib ; si fanum aliquod pnetereat, nefas habet 
adorandi gratia manum labris adviovere^ 1 The 
adoratio differed from the oratio or prayers, suppli- 
cations, which were offered with the hands extend 
ed and the palms turned upward. 2 The adoration 
paid to the Roman emperors was borrowed from the 
eastern mode of adoration, and consisted in prostra.- 
tion on the ground, and kissing the feet and knees 
of the emperor. 3 

ADROGA'TIO. (Vid. Adoption.) 
ADSCRIPTFVI. (Vid. Accensi.) 
ADSTIPULA'TIO. (Vid. Stipulatio.) 
ADULTERIUM properly signifies, in the Ro- 
man law, the offence committed by a man having 
sexual intercourse with another man's wife. Stu- 
prum (called by the Greeks (pBopu) signifies the like 
offence with a widow or virgin. It was the con- 
dition of the female which determined the legal 
character of the offence ; there was, therefore, no 
adultery unless the female was married. 

In the time of Augustus a lex was enacted (prob- 
ably about B.C. 17), entitled Lex Julia de adulteriis 
coercendis, the first chapter of which repealed some 
prior enactments on the same subject, with the pro- 
visions of which prior enactments we are, however, 
unacquainted. In this law the terms adulterium 
and stuprum are used indifferently; but, strictly 
speaking, these two terms differed as above stated. 
The chief provisions of this law may be collected 
from the Digest and from Paulus.* 

It seems not unlikely that the enactments repeal- 
ed by the Julian law contained special penal pro- 
visions against adultery; and it is also not im- 
probable that, by the old law or custom, if the 
adulterer was caught in the fact, he was at the 
mercy of the injured husband, and that the husband 
might punish with death his adulterous wife. 5 It 
seems, also, that originally the act of adultery 
might be prosecuted by any person, as being a pub- 
lic offence ; but under the emperors the right of 
prosecution was limited to the husband, father, 
brother, patruus, and avunculus of the adulteress. 

By the Julian law, if a husband kept his wife 
after an act of adultery was known to him, and let 
the adulterer off, he was guilty of the offence of 
lenocinium. The husband or father in whose power 
the adulteress was, had sixty days allowed for com- 
mencing proceedings against the wife, after which 
time any other person might prosecute. 6 A woman 
convicted of adultery was mulcted in half of her 
dos and the third part of her property (bona), and 
banished (relegaia) to some miserable island, such 
as Seriphos, for instance. The adulterer was 
mulcted in half his property, and banished in like 
manner. This law did not inflict the punishment 
of death on either party; and in those instances 
under the emperors in which death was inflicted, it 
must be considered as an extraordinary punishment, 
and beyond the provisions of the Julian law. 7 But, 
by a constitution of Constantine 8 (if it is genuine), 
the offence in the adulterer was made capital. By 
the legislation of Justinian, 9 the law of Constantine 
was probably only confirmed ; but the adulteress 
was put into a convent, after being first whipped. 
If her husband did not take her out in two years, 
she was compelled to assume the habit, and to spend 
the rest of her life in the convent. 

The Julian law permitted the father (both adop- 
tive and natural) to kill the adulterer and adulter- 
ess in certain cases, as to which there were several 
nice distinctions established by the law. If the 



1. (Apul., Apolog., p. 496.— Plin., II. N., xxviii., 5.)— 2. (vn- 
TtdapLara xcpwi/ : iEsch., Prom V., 1004.— Lucret., v., 1199.-— 
Hor., Carm.,iii., 23, 1.)— 3. v 'On this whole subject, consult 
Brouerius, de Adorationibus, Amst., 1713.) — 4. (48, tit. 5 — 
Sentent. Recept., ii., tit. 26, ed. Schulting.)— 5. (Dion. Hal, 
ii., 25.— Suet., Tib., 35.)— 6. (Tacit., Ann., ii., 85.) — 7. (Tacit , 
Ann., ii., 50 ; iii., 24- Lips., Excurs. ad Tacit., Ann , iv., 42.— 
Noodt, Op. Ornn., : 2S6, srqq.)— 8. (Cod.,ix , 30.)— 9 (Njy. 



134, c. 10.) 



23 



ADUNATOl. 



JEDiLES. 



father killed only one of tne parties, he brought 
himself within the penalties of the Cornelian law 
De Sicariis. The husband might kill persons of a 
certaiL class, described in the law, whom he caught 
in the act of adultery with his wife ; but he could 
not kill his wife. The husband, by the fifth chap- 
ter of the Julian law, could detain for twenty hours 
the adulterer whom he had caught in the fact, for 
the purpose of calling in witnesses to prove the 
adultery. If the wife was divorced for adultery, 
the husband was entitled to retain part of the dos. 1 
Horace 2 is supposed to allude to this Julian law. 

Among the Athenians, if a man caught another 
man in the act of criminal intercourse (fioixeia) 
with his wife, he might kill him with impunity; 
and the law was also the same with respect to a 
concubine (naXXaKr]). He might also inflict other 
punishment on the offender. It appears that among 
the Athenians also there was no adultery, unless a 
married woman was concerned. 3 But it was no 
adultery for a man to have connexion with a mar- 
ried woman who prostituted herself, or who was 
engaged in selling anything in the agora. 4 The 
Roman law appears to have been pretty nearly the 
same. 5 The husband might, if he pleased, take a 
sum of money from the adulterer by way of com- 
pensation, and detain him till he found sureties for 
the payment. If the alleged adulterer had been un- 
justly detained, he might bring an action against 
the husband ; and if he gained his cause, he and 
his sureties were released. If he failed, the law 
required the sureties to deliver up the adulterer to 
the husband before the court, to do what he pleased 
with him, except that he was not to use a knife or 
dagger. 6 

The husband might also prosecute the adulterer 
in the action called fioixelac ypafyrj. If the act of 
adultery was proved, the husband could no longer 
cohabit with his wife under pain of losing his priv- 
ileges of a citizen (arifiia). The adulteress was 
excluded even from those temples which foreign 
women and slaves were allowed to enter; and if 
'he was seen there, any one might treat her as he 
pleased, provided he did not kill her or mutilate 
her. 7 

ADVERSA'RIA, note-book, memorandum-book, 
posting-book, in which the Romans entered memo- 
randa of any importance, especially of money re- 
ceived and expended, which were afterward tran- 
scribed, usually every month, into a kind of leger. 
(Tabula justce, codex accepti et expensi.) Cicero de- 
scribes the difference between the adversaria and 
tabula? in his Oratio pro Rose. Com., c. 3 : Quid est, 
quod negligenter scribamus adversaria ? quid est, quod 
diligenter conjlciamus tabulas ? qua de causa ? Quia 
Jicec sunt menstrua, illce sunt ceternoz; Kcec delentur 
statim, illce servantur sancte, &c. 

ADVERSA'RIUS. (Fid. Actor.) 

ADU'NATOI (aSvvaroi), were persons supported 
by the Athenian state, who, on account of infirmity 
or bodily defects, were unable to obtain a livelihood. 
The sum which they received from the state ap- 
pears to have varied at different times. In the time 
of Lysias 8 and Aristotle, 9 one obolus a day was 
given; but it appears to have been afterward in- 
creased to two oboli. The bounty was restricted to 
persons whose property was under three minas ; and 
the examination of those who were entitled to it be- 
longed to the senate of the Five Hundred. 10 Pisis- 
tratus is said to have been the first to introduce a 
law for the maintenance of those persons who had 
been mutilated in war. 11 

1. (Ulpian, Fr., vi., 12.)— 2. (Carm.,iv., v. 21.)— 3. (Lysias, 
vtrtft tou 'EiarotjOivovs <j)6vov.) — 4. (Demosth., kutu Nea/paj, 
f„ 18.) — 5. (Pnulus, Sent. Recept., vi., tit. 26.) — 6. (Demosth., 
Kara Nsaip., 18.) — 7. (Demosth., Kara Nsat'p., c. 22. — JEschin., 
kuto. Tiiidpx-i < 36.) — 8. (vttfd tov 'AcWarou, c. iv., p. 749.) — 
9. (Harpocrat., Afivvaroi.) — 10. (iEschin., /caru Ti/i«'p%ot>, c. 
21.) — 11. (Plat., Solon., c. 31.— Lysias, virep rov ' ASvvdrov, a 
•peech written for an individual, in order to prove t'*" v « *"*>" 

24 



ADVOCA'TUS seems originally to have sirni 
fied any person who gave another his aid in airf af- 
fair or business, as a witness, for instance •/ or for 
the purpose of aiding and protecting him in taking 
possession of a piece of property. 2 It was also used 
to express a person who in any way gave his advice 
and aid to another in the management of a cause ; 
but the word did not signify the orator or patroixu* 
who made the speech, 3 in the time of Cicero. Un- 
der the emperors, it signified a person who in any 
way assisted in the conduct of a cause,* and was 
sometimes equivalent to orator. 5 The advocate's 
fee was then called honorarium. (Vid. Orator, 
Patronus, Cincia Lex.) 

The advocatus is defined by Ulpian 6 to be any 
person who aids another in the conduct of a suit or 
action. 

The advocatus fisci was an important officer es 
tablished by Hadrianus. 7 It war his business to 
look after the interests of the fiscus v *■ the imperial 
treasury, and, among other things, to maintain its 
title to bona caduca* 

AD'YTUM. (Vid. Temple.) 

^EA'CIA. (Vid. AIAKEIA.) 

MBWTIA LEX. (Fid. Actio.) 

^EDES. (Fid. House; Temple.) 

JEDFLES. The name of these functionaries) is 
said to be derived from their having the care of the 
temple (adesj of Ceres. The asdiles were originally 
two in number: they were elected from the plel;es, 
and the institution of the office dates from the same 
time as that of the tribuni plebis, B.C. 494. Taeir 
duties at first seem to have been merely ministe- 
rial; they were the assistants of the tribunes in 
such matters as the tribunes intrusted to them, 
among which are enumerated the hearing of causes 
of smaller importance. At an early period after 
their institution (B.C. 446), we find them appointed 
the keepers of the senatus consulta, which the con- 
suls had hitherto arbitrarily suppressed or altered.* 
They were also the keepers of the plebiscita. Oth- 
er functions were gradually intrusted tc them, and 
it is not always easy to distinguish their duties from 
some of those which, belong to the censors. The? 
had the general superintendence of buildings, both 
sacred and private : under this power they provided 
for the support and repair of temples, curiae, &c. 
and took care that private buildings which were in 
a ruinous state were repaired by the owners or pull- 
ed down. The superintendence over the supply and 
distribution of water at Rome was, at an early pe- 
riod, a matter of public administration. According 
to Frontinus, this was the duty of the censors ; bul 
when there were no censors, it was within the prov- 
ince of the asdiles. The care of each particulai 
source or supply was farmed to undertakers (re- 
demptores), and all that they did was subject to the 
approbation of the censors or the asdiles. 10 The 
care of the, streets and pavements, with the clean- 
sing and draining of the citv, belonged to the asdiles; 
and, of course, the care of the cloacae. They had 
the office of distributing corn among the plebes; 
but this distribution of corn at Rome must not be 
confounded with the duty of purchasing or procuring 
it from foreign parts, which was performed by the 
consuls, quaestors, and praetors, and sometimes by 
an extra ordinarv magistrate, as the praefectus ari- 
nonae. The asdiles had to see that the public lands 
were not improperly used, and that the pasture- 
grounds of the state were not trespassed on ; and 
they had power to punish by fine any unlawful acl 
in this respect. They had a general superintend- 



entitled to be supported by the state.— Petit., Le£. Att., viii., tit 
3, s. 5.— Bockh, Public Econ. of Athens, i., p. 323-327, transl ; 
1. (Varro, de Re Rust., ii., c. 5.)— 2. (Cic, pro Ca;cin. 4 c. 8.? 
—3. (Cic, de Orat., ii., 74.)— 4. (Disr. 50, tit. 13, s. 1 )— 5. (Ta 
cit., Ann., x., 6.)— 6. {Dig. 50, tit 13.)— 7. (Spait., Vit. Had., 
c. 60.)— 8. (Dig. 28, tit. 1, s 3 )— 9. (Liv i< , 55.)— 10. D< 
Vquaeduct. Rom., lib. ii.) 



iEDILES. 



^EDILES. 



Slice over buying and selling, and, as a conse- 
quence, tne supervision, of the markets, of things 
exposed to sale, such as slaves, and of weights and 
measures : from, this part of their duty is derived 
the name under which the sediles are mentioned by 
the Greek writers (ayopavofiot). It was their bu- 
siness to see that no new deities or religious rites 
were introduced into the city, to look after the ob- 
servance of religious ceremonies, and the celebra- 
tions of the ancient feasts and festivals. The gen- 
eral superintendence of police comprehended the 
iuty of preserving order, regard to decency, and 
the inspection of the baths and houses of entertain- 
ment, of brothels, and *? prostitutes, who, it appears, 
were registered by the sediles. The sediles had va- 
rious officers under them, as prsecones, scribal, and 
viatores. 

The tEdiles Curcjles, who were also two in 
number, were originally chosen only from the pa- 
tricians, afterward alternately from the patricians 
and the plebes, and at last indifferently from both. 1 
The office of curule sediles was instituted B.C. 365, 
and, according to Livy, on the occasion of the ple- 
beian sediles refusing to consent to celebrate the 
ludi maximi for the space of four days instead of 
three ; upon which a senatus consultum was pass- 
ed, by which two sediles were to be chosen from 
the patricians. From this time four sediles, two 
plebeian and two curule, were annually elected. 2 
The distinctive honours of the sediles curules were, 
the sella curulis, from whence their title is derived, 
the toga praetexta, precedence in speaking in the 
senate, and the jus imaginis. 3 The sediles curules 
only had the jus edicendi, or the right of promulga- 
ting edicta; 4 but the rules comprised in their edicta 
served for the guidance of all the sediles. The 
edicta of the curule sediles were founded on their 
authority as superintendents of the markets, and of 
buying and selling in general. Accordingly, their 
edicts had mainly, or perhaps solely, reference to 
the rules as to buying and selling, and contracts for 
bargain and sale/ They were the foundation of the 
actiones aediiiciee, among which are included the 
actio redhibit&ria and quanti minoris. 5 A great part 
of the provisions of the sediles' edict relate to the 
buying and celling of slaves. The persons both of 
the plebeian and curule sediles were sacrosancti. 6 

It seems that, after the appointment of the curule 
sediles, the functions formerly exercised by the ple- 
beian sediles were exercised, with some few excep- 
tions, by all the sediles indifferently. Within five 
days after being elected or entering on office, they 
were required to determine by lot, or by agreement 
among themselves, what parts of the city each 
should take under his superintendence; and each 
aedile alone had the care of looking after the paving 
and cleansing of the streets, and other matters, it 
may be presumed, of the same local character with- 
in his district. The other duties of the office seem 
to have been exercised by them jointly. 

In the superintendence of the public festivals and 
solemnities, there was a farther distinction between 
the two sets of sediles. Many of these festivals, 
such as those of Flora 7 and Ceres, were superin- 
tended by either set of sediles indifferently ; but the 
plebeian games were under the superintendence of 
the plebeian sediles, who had an allowance of mon- 
ey for that purpose; and the fines levied on the 
pecuarii and others, seem to have been appropria- 
ted to these among other public purposes. 8 The 
celebration of the ludi magni or llomani, of the 
ludi scenici or dramatic representations, and the 
ludi Megalesii, belonged especially to the curule 
aedhes, and it was on such occasions tl at they 

1. (Liv., vii., 1.)— 2. (Liv., vi., 42.)— 3. (Cic, 2 Veir., v., 14.) 
-4. (Gaius, i., 6.)— 5. (Di?. 21, tit. 1, De ^dilicio Edicto.— 
A. Gell., iv., 2.)— 6. (Liv., iii , 55.)— 7. (Cic, 2 Verr., v., 14.— 
Ovid., Fast., 278, seqq.)— 8. (Liv, x., 23; xxvii., 6— Ovid, 
Fast., 278, seqq.) 

D 



often incurred a prodigious, expense, with the view 
of pleasing the people and securing their vote* ic 
future elections. Tnis extravagant expenditure of 
the sediles arose after the close of the second Punic 
war, and increased with the opportunities which 
individuals had of enriching themselves after the 
Roman arms were carried into Greece, Africa, and 
Spain. Even the prodigality of the emperors hard- 
ly surpassed that of individual curule sediles undei 
the Republic ; such as C. J. Caesar the dictator, P. 
C. Lentulus Spinther, and, above all, M. iEmilius 
Scaurus, whose expenditure was not limited to bare 
show, but comprehended objects of public utility, 
as the reparation of walls, dockyards, ports, and 
aqueducts. 1 An instance is mentioned by Dion 
Cassius 2 of the ludi Megalesii being superintended 
by the plebeian sediles ; but it was done pursuant to 
a senatus consultum, and thus the particular excep- 
tion confirms the general rule. 

In B.C. 45, J. Csesar caused two curule sediles 
and four plebeian sediles to be elected ; and thence- 
forward, at least so long as the office of sedile was 
of any importance, six sediles were annually elect- 
ed. The two new plebeian sediles were called Ce- 
reales, and their duty was to look after the supply 
of corn. Though their office may not have been 
of any great importance after the institution of a 
prsefectus annonse by Augustus, there is no doubt 
that it existed for several centuries, and at least as 
late as the time of Gordian. 

The sediles belonged to the class of the minores 
magistratus. The plebeian sediles were originally 
chosen at the comitia centuriata, but afterward at 
the comitia tributa, 3 in which comitia the curule 
sediles also were chosen. It appears that, until the 
lex annalis was passed, a Roman citizen might be 
a candidate for any office after completing hi^ 
twenty-seventh year. This lex annalis, which was 
passed at the instance of the tribune L. V. Tappu- 
lus, B.C. 180, fixed the age at which each office 
might be enjoyed.* The passage of Livy does not 
mention what were the ages fixed by this law ; but 
it is collected, from various passages of Roman 
writers, that the age fixed for the aedileship was 
thirty-six. This, at least, was the age at which Z, 
man could be a candidate for the curule sedileship, 
and it does not appear that there was a different 
rule for the plebeian sedileship. 

The sediles existed under the emperors ; but their 
powers were gradually diminished, and their func- 
tions exercised by new officers created by the em- 
perors. After the battle of Actium, Augustus ap- 
pointed a prsefectus urbis, who exercised the gen- 
eral police, which had formerly been one of the du- 
ties of the sediles. Augustus also took from the 
sediles, or exercised himself, the office of superin- 
tending the religious rites, and the banishing from 
the city of all foreign ceremonials ; he also assumed 
the superintendence of the temples, and thus may 
be said to have destroyed the sedileship by depri- 
ving it of its old and original functions. This will 
serve to explain the curious fact mentioned by Dion 
Cassius, 4 that no one was willing to hold so con- 
temptible an office, and Augustus was tnerefore re- 
duced to the necessity of compelling persons to take 
it: persons were accordingly chosen by lot, out of 
those who had served the office of quseslor and 
tribune ; and this was done more than once. The 
last recorded instance of the splendours of the 
sedileship is the administration of Agrippa, whe 
volunteered to take the office, and repaired all the 
public buildings and all the roads at his own ex- 
pense, without drawing anything f:om the treasu- 
ry. 6 The sedileship had, however, lost its true 
character before this time. Agrippa had aLeadv 



1. (Cic, Off., ii., 17.— Plin., H. N., xxxin., 3 ; xxxvi., 15.'- 
2. (xliii., 48.)— 3. (Dion. Hal., vi., 90; ix., 43, 49.— Liv., ii , 
56, seq.)— 4. (Liv., xl., 44.)— 5. (Iv., r. 24.)— 6. (Dion. Cas 
xlix., 43.— Plin., F N.. xxxvi., 15.) 

2ft 



iEGIS. 



jEGIS. 



beet consul before he accepted the office of aedile, 
and iris munificent expenditure in this nominal of- 
fice was the close of the splendour c f the aedileship. 
Augustus appointed the curule aediles specially to 
the office of putting out fires, and placed a body of 
600 slaves at their command ; but the praefecti vigi- 
lum a/terward performed this duty. In like man- 
ner, the curatores viarum were appointed by him to 
superintend the roads near the city, and the quatu- 
©rviri to superintend those within Rome. The cu- 
ratores operum publicorum and the curatores alvei Ti- 
beris, also appointed by Augustus, stripped the aedi- 
ies of the remaining few duties that might be called 
honourable. They lost also the superintendence of 
wells or springs, and of the aqueducts. 1 They re- 
tained, under the early emperors, a kind of police, 
for the purpose of repressing open licentiousness 
and disorder: thus the baths, eating-houses, and 
brothels were still subject to their inspection, and 
the registration of prostitutes was still within their 
duties. 2 We read of the aediles under Augustus 
making search after libellous books, in order that 
they might be burned. 

The colonise, and the municipia of the later pe- 
riod, had also their aediles, whose numbers and 
functions varied in different places. They seem, 
however, as to their powers and duties, to havr re- 
sembled the sediles of Rome. They were chosen 
annually. 3 

The history, powers, and duties of the sediles are 
stated with great minuteness and accuracy by Schu- 
bert, De Romanorum JEdilibus, lib. iv., Regimontii, 
1828. 

.ZEDIT'UI, jEDITTTML MDVT'lMl (called by 
the Greeks vecoKopoi, ^duopoi., and vno&KopoL*), were 
pei sons who took care of the temples, attended to 
the cleaning of them, &c. 5 They appear to have 
lived in the temples, or near them, and to have act- 
ed as ciceroni to those person? who wished to see 
<,hem. 6 In ancient times, the. ar>ditui were citizens, 
but under the emperors freed men. 7 

*AE'DON ('A ///tow), wi1h<ii:c doubt the Mot acilla 
Duscinia, L., and. Svtrio, J/uscinia. (Latham), or the 
Nightingale. We sometimes read adovic, or arjtioviq 
in Doric. The nightingale is also called §ikopr{ka 
and Tcpoicvr] by the poets. That it is the male bird 
only which sings, was well understood by the an- 
cients. 8 Virgil, however, has on one occasion given 
the power of song to the female bird. 9 From some 
papers in the Classical Journal, it would appear 
that the nightingale sings by day as well as by 
night. 10 

^EGIS is a Greek word (alyic, -idoc), signifying, 
literally, a goatskin, and formed on the same anal- 
ogy with ve6pig, a fawnskin. 11 

According to ancient mythology, the aegis worn 
by Jupiter was the hide of the goat Amalthea, which 
had suckled him in his infancy. Hyginus relates 12 
that, when he was preparing to resist the Titans, he 
was directed, if he wished to conquer, to wear a 
goatskin with the head of the Gorgon. To this 
particular goatskin the term aegis was afterward 
confined. Homer always represents it as part of 
the armour of Jupiter, whom, on this account, he 
distinguishes by the epithet czgis-bearing (alyioxog). 
He, however, asserts that it was borrowed on differ- 
ent occasions both by Apollo 13 and by Minerva. 14 

The skins of various quadrupeds having been 
used by the most ancient inhabitants of Greece for 
clothing and defence, we cannot wonder that the 

1. (Frontinus, ii.)— 2. (Tacit., Ann., ii., 85.)— 3. (De JEdil. 
Co',., &c, Otto., Lips., 1732.)— 4. (Herod., vi., 134.)-5. (Liv., 
*xx., 17 — Gell., xii., 10.— Suet., Dom., 1.— Varro, De Lin?. 
Lat., vi., 2.)-6. (Plin., H. N., xxxvi., 4, () 10.— Cic, 2 Verr., 
iv 44._Schol. in Hor., Ep. 11, i., 230.)— 7. (Serv. in Virg., 
JEn., ix., 648.)— 8. \Eustath. in II., iii., 150, p. 395.)— 9. (Georg., 
iv., 511, seqq.)— 10. (vol. xxvii., p. 92 ; xxvm., p. 184, 343 ; 
xxix., p! 255 ; xxx., p. 180, 341.)— 11. (Vid. Herod , iv., 189.)- 
12. (Astron. Poet., 13.)— 13. (II., xv., 229, 307-318, 360 ; xxiv., 
40. V— 14. (II., ii., 447-449 ; xviii., 204 ; xxi., 400 ) 
2f> 



goatskin was pnployed in the same maimer ;• and 
the particular application of it which we have now 
to consider will be understood from the fact that the 
shields of the ancient Greeks were in part support, 
ed by a belt or strap (re?ia/j.6v, balteus) passing over 
the right shoulder, and, when not elevated with the 
shield, descending transversely to the left hip. la 
order that a goatskin might serve this purpose, twc 
of its legs would probably be tied over the righl 
shoulder of the wearer, the other extremity being 
fastened to the inside of the shield. In combat, the 
left arm would be passed under the hide, and would 
raise it together with the shield, as is shown in a 
marble statue of Minerva, preserved in the museum 
at Naples, which, from its style of art, may be reck- 
oned among the most ancient in :,iistence. 




Other statues of Minerva, also of very high anti- 
quity, and derived, no doubt, from some still more 
ancient type, represent her in a state of repose, and 
with the goatskin falling obliquely from its loose 
fastening over her right shoulder, so as to pass 
round the body under the left arm. The annexed 
figure is taken from a colossal statue of Minerva at 
Dresden. The softness and flexibility of the goat- 
skin are here expressed by the folds produced in. it 
by the girdle with which it is encircled. 




Another mode of wearing this garment, also iu 
peaceful expression, is seen in a statue of Minerva 
at Dresden, of still higher antiquity than that last 
referred to, and in the very ancient image of the 
same goddess from the Temple of Jupiter at Mgi- 
na. In both of these the aegis covers the right as 



JEG1S. 

«v r ell as the left shoulder, the breast, and the back, 
falling behind so as almost to reach the feet. 
Schorn* considers this as the original form of the 
aegis. 

By a figure of speech, Homer uses the term aegis 
to denote not only the goatskin, which it properly 
signified, but, together with it, the shield to which it 
belonged. By thus understanding the word, it is 
easy *o comprehend both why Minerva is said to 
throw her father's aegis around her shoulders, 2 and 
why, on one occasion, Apollo is said to hold it in 
Lis hand, and to shake it so as to terrify and con- 
found the Greeks, 3 and on another occasion to cover 
with it the dead body of Hector, in order to protect 
it from insult.* In these passages we must suppose 
the aegis to mean the shield, together with the large 
expanded skin or belt by which it was suspended 
from the right shoulder. 

As the Greeks prided themselves greatly on the 
rich and splendid ornaments of their shields, they 
supposed the aegis to be adorned in a style corre- 
sponding to the might and majesty of the father of 
the gods. In the middle of it was fixed the appal- 
ling Gorgon's head. 5 and its border was surrounded 
with golden tassels (dvaavoi), each of which was 
worth a hecatomb. 6 In the figures above exhibited, 
the serpents of the Gorgon's head are transferred to 
the border of the skin. 

By the later poets and artists, the original concep- 
tion of the aegis appears to have been forgotten or 
disregarded. They represent it as a breastplate 
covered with metal in the form of scales, not used 
to support the shield, but extending equally on both 
sides from shoulder to shoulder, as in the annexed 
figure, tak«?ii from a statue at Florence. 




JEIAA SEINTIA LEX. 

part cf his left arm. The shield is p.aced ondet- 
neath it, at his feet. In his right hand he hc.ds '.\\& 
thunderbolt. 



With this appearance the descriptions of the 
cgis by the Latin poets generally correspond. 7 

It is remarkable that, although the aegis properly 
belonged to Jupiter, and was only borrowed from 
aim by his daughter, and although she is common- 
ly exhibited either with the aegis itself, or with some 
emblem of it, yet we seldom find it as an attribute 
of Jupiter in works of art. There is, however, in 
the museum at Leyden a marble statue of Jupiter, 
found at Utica, in which the aegis hangs over his 
left shoulder. It has the Gorgon's head, serpents 
on the border, and a hole for the left arm to pass 
through. The annexed figure is taken from a cameo 
engraved by Nisus, a Greek artist. Jupiter is here 
represented with the aegis wrapped round the fore 




1. ' v B8tti?er, Amalthea, ii., 215.)— 2. (II., v., 738; xviii., 
204.)— 3. (II., xv., 229, 307, seqq.)— 4. (xxiv., 20.)— 5. (II., v., 
741.)— 6. (II., ii., 446, seqq.)— 7. (Virg , JEn., viii., 435, seqq.— 
Vil. Place, vi., 174.- %id. Apollinaris, Carm., xv — Sil. Ital., 
Lr 4-12.) 



The Roman emperors also assumed the aegis, in- 
tending thereby to exhibit themselves in the char- 
acter of Jupiter. Of this the armed statue of Ha- 
drian in the British Museum presents an example. 
In these cases the more recent Roman conception 
of the aegis is of course followed, coinciding with 
the remark of Servius, 1 that this breast-armour was 
called aegis when worn by a god ; lorica, when worn 
by a man. 

Hence Martial, in an epigram on the breastplate 
of Domitian, says, 

" Dum vacat hcec, Casar, potent lorica vocari . 
Pectore cum sacro scderit, cegis erit.' n 

In these lines he in fact addresses the emperor as 
a divinity. 

♦iEGYPTIL'LA, a name common to several 
species of agate. It was, perhaps, the ancient de- 
nomination of what is still called Egyptian pebble ; 
a striped jasper; the quartz agate onyx of Haiiy. 3 

*AEIZO'ON (aeifaov ), a plant, of which Dioscori- 
des* describes three species : the first, or d. to uiya, 
being the Sempcrvivum arboreum, according to Sib- 
thorp and Sprengel ; the second, or d. to [wepov, the 
Sedum rupestre or reflexum (Rock or Yellow Stone- 
crop) ; and the third, the Sedum stellatum, according 
to Columna and Sprengel. The aei&ov of Theo- 
phrastus 5 is the same as the first species of Dios- 
corides, the characters of which, notwithstanding the 
high authority of Sibthorp and. Sprengel, who are 
of a different opinion, Dr. Adams thinks he is justi- 
fied in identifying with those of the Sempervivum 
tectorwm, or Houseleek. 6 

AEFSITOI. (Vid, Prytaneion.) 

.E'LIA SEN'TIA LEX. This law, which was 
passed in the time of Augustus (about A.D. 3), con- 
tained various provisions. By one clause it was 
provided that manumitted slaves, who, during their 
servitude, had undergone certain punishments foi 
offences, should not become either Roman citizens 
or Latini, but should belong to the class of peregri- 
ni dediticii. (Vid. Dediticii.) The law also con- 
tained various provisions as to the manumission of 
slaves, and as to the mode in which a manumitted 
slave, who had only obtained the privileges of a 
Latinus, might become a Roman citizen. The law 
also made void all manumission of slaves effected 
for the purpose of defrauding a creditor or a patron, 
whether such manumission was effected in the life- 

1. (JEn., viii., 435.)— 2. (vii., 1.)— 3. (Moore's Anc. Mineral* 
(r, P 181.— PJin., xxxvii., 10.)— A Civ 88.)- -5. (H. P, •& 
p.) — 6. (Adams, Append., s. v.) 

27 



^RARII. 



JERUGO. 



time of the master, or by his testament. It prescri- 
bed certain formalities to be observed in the case of 
manumission when the owner of the slave (da-minus) 
was under twenty ; the effect of which was, that 
though a person of the age cf fourteen could make 
a will, he could not by will give a slave his free- 
dom. 1 

jENEATO'RES (ahenatores*) were those who 
blew upon wind instruments in the Roman army; 
namely, the buccinator es, cornicines, and tubicines. 3 
JEueatcres were also employed in the public 
games. 4 A collegium aneatorum is mentioned in 
inscriptions. 5 

jEOLIP'YLJE (aiokov nvXai) were, according 
to the description of Vitruvius, 6 hollow vessels, 
made of brass, which were used in explaining the 
origin, &c., of the winds. These vessels, which 
had a very small orifice, were filled with water and 
placed on the fire, by which, of course, steam was 

' JE'OCTTAS. (Vid. Jus.) 

iERA, a point of time from which subsequent or 
preceding years may be counted. The Greeks had 
no common sera till a comparatively late period. 
The Athenians reckoned their years by the name 
of the chief archon of each year, whence he was 
called upx^v enuvvuoc ; the Lacedaemonians by one 
of the ephors ; and the Argives by the chief priest- 
ess of Juno, who held her office for life. 7 The fol- 
lowing seras were adopted in later times : 1. The 
sera of the Trojan war, B.C. 1184, which was first 
made use of by Eratosthenes. 2. The Olympiac 
asra, which began B.C. 776, and was first made use 
of by Timaeus of Sicily, and. was adopted by Polyb- 
ius, Diodorus, Dionysius of Halicarnassus, and Pau- 
sanias. (Vid. Olympiad.) 3. The Philippic or Alex- 
andrian sera, which began B.C. 323. 4. The sera 
of the Seleucidae, which began in the autumn of 
B.C. 312. 5. The aeras of Antioch, of which there 
were three, but the one in most common use began 
in November, B.C. 49. 

The Romans reckoned their years from the 
founiation of the city (ab urbe conditd) in the time 
of Augustus and subsequently, but in earlier times 
the years were reckoned by the names of the con- 
suls. We also find traces of an sera from the 
banishment of the kings, and of another from the 
taking of the city by the Gauls. The date of the 
foundation of Rome is given differently by different 
authors. That which is most commonly followed 
is the one given by Varro, which corresponds to 
B.C. 753. 8 It must be observed that 753 A.U.C. is 
the first year before, and 754 A.U.C. the first year 
after the Christian sera. To find out the year B.C. 
corresponding to the year A.U.C, subtract the year 
A.U.C. from 754; thus, 605 A.U.C.=149 B.C. To 
find out the year A.D. corresponding to the year 
A.U.C, subtract 753 from the year A.U.C ; thus, 
767 A.U'.C=14 A.D. 

iERA'RII, those citizens of Rome who did not 
enjoy the perfect franchise ; i. e., those who cor- 
responded to the Isoteles and Atimi at Athens. The 
name is a regular adjective formed from as (bronze), 
and its application to this particular class is due to 
the circumstance that, as the serarii were protected 
by the state without being bound to military ser- 
vice, they naturally had to pay the as militare, 
which was thus originally a charge on them, in the 
same way as the sums for knights' horses were levied 
■3d the estates of rich widows and orphans. 9 (Vid. 
Ms Hordearium.) The persons who constituted 
this class were either the inhabitants of other towns 
which had a relation of isopolity with Rome (the 

1. (Gaius, lib.i.— Ulp., Frag., tit. 1.— Dig. 28, tit. 5, s. 57, 60. 
— Tacit., Ann., xv., 55.) — 2. (Ammian., xxiv., 4.) — 3. (Suet., Jul., 
3-2.)— 4. (Sen., Ep.,84.)— 5. (Orelli, 4059.— Gruter, 264, No. 1.) 
—6. (i., 6.)— 7. (Thucyd., ii , 2.— Pausan., iii., 11, $ 2.)— 8. 
(Niebuhr, Hist. Rom., vol. i., p. 258-269, transJ.,)— 9. (Niebuhr, 
Hist. Roi-n., i., p. 465.) 
28 



inquihm), or clients and the desci ndants of freed- 
men. The decemvirs enrolled in the tribes all whr 
were serarians at that time: 1 and when the tribes 
comprised the whole nation, the degradation of a 
citizen to the rank of an serarian (which was called 
ararium facer e ? referre aliquem in ararios ; 3 or in 
tabulas Caritum referri jubere*) might be practised 
in the case of a patrician as well as of a plebeian. 
Hence serarius came to be used as a term of re- 
proach. Thus Cicero, speaking of the corrupt 
judices who tried Clodius, says, 3 Maculosi senatores, 
nudi equites, tribuni non tarn arati, quam, ut appellan- 
tur, cerarii. He is alluding to the Aurelian law, 
which settled that the judices should be selected 
from the senators, the knights, and the tribuni sera- 
rii. These tribuni cerarii, who constituted an ordei 
in the later days of the republic, and were, in fact, 
the representatives of the most respectable plebei- 
ans, were originally heads of tribes, who acted as 
general inspectors and collectors of the as militare 
for the payment of the troops. 6 In the same way 
the publicani, or farmers of the taxes, constituted a 
numerous class of the equestrian order. 

iERA'RIUM, the public treasury at Rome. After 
the banishment of the kings, the temple of Saturn 
was used as the place for keeping the public treas- 
ure, and it continued to be so till the later times of 
the empire. 7 Besides the public money, the stand- 
ards of the legions were kept in the serarium ; 8 and 
also all decrees of the senate were entered there, in 
books kept for the purpose. 9 

The serarium was divided into two parts: the 
common treasury, in which were deposited the regu- 
lar taxes, and which were made use of to meet the 
ordinary expenses of the state ; and the sacred 
treasury (ararium sanctum, sanctius 10 ), which was 
never touched except in cases of extreme peril. 
The twentieth part of the value of every s1:ave who 
was enfranchised, 11 and some part of the plunder of 
conquered nations, were deposited in the sacred 
treasury. 12 Augustus established a separate treas- 
ury under the name of ararium militare, to provide 
for the pay and support of the army, and he impo- 
sed several new taxes for that purpose. 13 

The ararium, the public treasury, must be distin- 
guished from the fiscus, the treasury of the emper- 
ors. 14 (Vid. Fiscus.) 

The charge of the treasury was originally in- 
trusted to the quaestors and their assistants, the 
tribuni serarii ; but in B.C. 49, when no quaestors 
were elected, it was transferred to the sediles, in 
whose care it appears to have been till B.C. 28, 
when Augustus gave it to the prsetors, or those who 
had been prsetors. 15 Claudius restored it to the 
quaestors ; 16 but Nero made a fresh change, and 
committed it to those who had been prsetors, and 
whom he called prafecti ararii. 17 In the time of 
Vespasian, the charge of the treasury appears to 
have been again in the hands of the prsetors ; 18 but 
in the time of Trajan, if not before, it was again 
intrusted to the praefects, who appear to have hexi 
their office for two years. 19 

*iERU'GO (16c), Verdigris. "Among the an- 
cients, as it still is, verdigris was a common green 
pigment; and Dioscorides 20 and Pliny 21 specify sev- 
eral varieties of native arugo, or toe, classing with 
it, in this case, what we may suppose to have been 
green carbonate, instead of acetate of copper ; as*, 

■ ' - - - — ■- i . ■■ ■ ■■ — ■ -» 

1. (Niebuhr, Hist. Rom., ii., p. 317.)— 2. (Aul. Gell., iv., 12.) 
3. (Cic, pro Cluent., 43.)— 4. (Aul. Gell., xvi., 13.)— 5. (AJ 
Attic, i., 16.)-6. (Dion. Hal., iv., 14.)— 7. (Plut., Popl., 12.— 
Plin., Paneg., 91, seq.)— 8. (Liv., iii., 69 ; iv., 22 ; vii., 23.)— a 
(Cic.,de Leg., iii., 4.— Tac, Ann., iii., 51 ; xiii., 20.)— 10. (Liv., 
xxvii., 10.— Flor., iv., 2.— Cars., Bell. Civ., i., 14.)— 11. (Liv., 
vii., 16 ; xxvii., 10.)— 12. (Lucan., Phars., iii., 155.)— 13. (Suet., 
Octav., 49.— Dion, lv., 24, 25, 32.)— 14. (Sen., de Ben., vii., 6 
—Plin., Pan., 36, 42.— Suet., Octav., 101.— Tac, Ann., ii., 47 ■ 
vi., 2.)— 15. (Suet., Octav., 36.)— 16. (Suet., Claud., 24.— 
Dion, lx., 24.)— 17. (Tac, Ann., xiii., 29.)— 18 (Tac, Hist., 
i Vg> 9.) — 19. (Plin., Pan., 91, 92.--Lips., Excurs. ad Tac, Ann . 
xiii., 29.)— 20. (Dioscor., v.. 91.)— «l. fPvo II. N., xxxu.,2d 



JES. 



MS. 



tor example, • the efflorescence upon stones which 
contained copper,' and what was 'scraped from 
the stone out of which copper was melted.' Vari- 
ous modes of making verdigris are described by 
Theophrastus, Dioscorides, and Pliny, which agree 
in principle, and some of them even as to their de- 
tails, with the processes now employed. Among 
the various adulterations of it, that which was made 
with the sulphate of iron (atramentum sutorium) 
was, as we learn from Pliny, the one best calcula- 
ted to deceive ; and the mode of detecting it, sug- 
gested by him, deserves notice. It was to rub the 
counterfeit aerugo on papyrus steeped with the gall- 
nut, which immediately thereon turned black." 1 

iERUSCATO'RES were vagrants who obtained 
their living by fortune-telling and begging. 2 They 
were called by the Greeks uyvprat. ( Vid. AGURTAI.) 
Festus explains ceruscare by cera undique colligere. 

JES (xahn6g), a composition of metals, in which 
copper is the predominant ingredient. Its etymology 
is not known. The Italians and French often use 
the words rame and ottone, and airain, to translate 
the word aes ; but, like the English term brass, 
which is also employed in a general way to express 
the same composition, all are incorrect, and are 
calculated to mislead. Brass, to confine ourselves 
to our own language, is a combination of copper and 
zinc, while all the specimens of ancient objects 
formed of the material called aes, are found upon 
analysis to contain no zinc ; but, with very limited 
exceptions, to be composed entirely of copper and 
tin. To this mixture the term bronze is now exclu- 
sively applied by artists and founders ; and it is de- 
sirable that, being now generally received, it should 
always be used, in order to prevent misapprehen- 
sion, and to distinguish at once between' the two 
compositions. The word bronze is of Italian or- 
igin, and of comparatively modem date, and de- 
rived in all probability from the brown colour 
(b~uno) which the artists of the period of the revival 
(as it is called) of the Arts, and those who followed 
them, gave their metal works ; various fine speci- 
mens of such productions of the cinque-cento age are 
still preserved in the Museum of Florence and in 
other collections ; and when the surface of the cast 
has not been injured by accident or by exposure to 
the weather, the rich brown tint originally imparted 
to them is as perfect as when it was first produced. 
The natural colour of bronze, when first cast, is a 
reddish brown ; the different tints which are seen 
on works of sculpture of this ciass being almost al- 
ways given by artificial means : that which modern 
taste prefers, and which is now usually seen on 
bronze works, namely, a bright bluish green, may, 
however, be considered natural to it, as it is simply 
the effect of oxidation, from exposure to the influ- 
ence of the atmosphere. Sometimes the operations 
of time and weather are anticipated by the skilful 
application vC an acid over the surface of the metal. 
The finest bronzes of antiquity are remarkable for 
the colour of this patina, as it is called by anti- 
quaries. 

The employment of aes (bronze) was very general 
among the ancients ; money, vases, and utensils of 
all sorts, whether for domestic or sacrificial pur- 
poses, ornaments, arms offensive and defensive, fur- 
uitare, tablets for inscriptions, musical instruments, 
and, indeed, every object to which it could be ap- 
plied, being made of it. The proportions in which 
the component parts were mixed seem to have 
Leen much studied ; and the peculiarities and ex- 
cellence of the different sorts of bronze were marked 
by distinctive names, as the aes Corinthiacum, aes 
Deliacum, aes iEgineticum, aes Hepatizon, and 
others ; but of which, it must be confessed, we 
know little or nothing beyond the titles, except that 

1. (Theophrast., nipt AiO., c. 102.— Vitruv., vii., 12. — Moore's 
Anc. Mineralogy, p. 64, seq.) — 2. (Gell., xiv., 1 ; he., 2. — Sen 
it> Clem., ii., 8.) 



we collect from some of the writers of antiquity, 
that, with the view of producing effects of colour or 
variety of texture, the artists sometimes mixed 
small proportions of gold, silver, lead, and even 
iron, in the composition of their bronze. 

No ancient works in brass, properly so called, 
have yet been discovered, though it has been af- 
firmed that zinc was found in an analysis made of 
an antique sword j 1 but it appeared in so extremely 
small a quantity, that it hardly deserved notice ; if 
it was indeed present, it may rather be attributed 
to some accident of nature than to design. For 
farther particulars on the composition of bronze, 
and the practice of the ancients in different pro- 
cesses of metal-working, the reader is referred to 
the article on bronze. 

jES (money, nummi a'e'nei or cerii). Since the 
most ancient coins in Rome and the old Italian 
states were made of 33s, this name was given to 
money in general, so that Ulpian says, Etiam awe- 
os nummos ces dicimus. 2 For the same reason we 
have ces alienum, meaning debt, and ccra in the 
plural, pay to the soldiers. 3 The Romans had no 
other coinage except bronze or copper (as) till 
A.U.C. 485 (B.C. 269), five years before the first 
Punic war, when silver was first coined ; gold was 
not coined till sixty-two years after silver.* For 
this reason, Argentinus, in the Italian mythology, 
was made the son cf iEsculanus. 5 

The earliest copper coins were cast, not struck. 
In the collection of coins at the British Museum 
there are four ases joined together, as they were 
taken from the raould, in which many were cast at 
once. In most ases the edge shows where they 
were severed from each other. The first coinage 
of aes is usuahy attributed to Ssrvius Tullius, who 
is said to have stamped the money with the image 
of cattle (pecus). whence it. was called pecunia* 
According to some accounts, it was coined from 
the commencement of the city; 7 and according to 
others, the first coinage was attributed to Janus or 
Saturn. 8 We know that the old Italian states 
possessed a bronze or copper coinage from the 
earliest times. 

The first coinage was the as (vid. As), which orig- 
inally was a pound weight ; but as, in course of time, 
the weight of the as was reduced not only in Rome, 
but in the other Italian states, and this reduction 
in weight was not uniform in the different states, it 
became usual in all bargains to pay the ases accord- 
ing to their weight, and not according to their nomi- 
nal value. The ces grave 9 was not, as has been sup- 
posed by some, the old heavy coins as distinguished 
from the lighter modern ; but, as JNiebuhr 10 has re- 
marked, it signified any number of copper coins 
reckoned according to the old style, by weight. 
There was, therefore, no occasion for the state to 
suppress the circulation of the old copper coins, 
since in all bargains the ases were not reckoned by 
tale, but by weight. The weight thus supplied a 
common measure for the national money, and foi 
that of the different states of Italy; and, according- 
ly, a hundred pounds, whether of the old or modern 
money, were of the same value. The name of aes 
grave was also applied to the uncoined metal. 11 

Under the Roman empire, the right of coining 
silver and gold belonged only to the emperors ; but 
the copper coinage was left to the aerarium, which 
was under the jurisdiction of the senate. 

Bronze or copper (^aA/coc) was very little used 



1. (Mongez, Mem. de l'Institut.)— 2. (Big. 50, tit. 16, s. 159. 
—Compare Hor., Ep. adPis.,345.— Id.,Ep. 1, vii., 23.)— 3. (Liv., 
v., 4.— Plin., H. N., xxxiv., 1.)— 4. (Plin., H. N., xxxiii., 13.)— 
5. (" Quia prius aerea pecunia in usu esse coepit, post arg-entea:" 
August., de Civ. Dei, iv., 21.)— 6. (Plin., H. N., xxxiii., 13 ; 
xviii., 3.— Varro, de Re Rust., ii, 1.— Ovid, Fast., v., 281.)— 7. 
(Plin., H. N., xxxiv., 1.)— 8. (Macrob., Saturn., i., 7.)— 9. 'Liv., 
iv., 41,60; v., 2; xxxii., 26.— Sen. ad Ilelv., 12.)— 1Q (Rom 
Hist., i., p. 458.)— 11. (Servius, in Virgin., vi., 862.— "Msesa, 
aes rude, metallum infectum :" Isidor.. xvi., 18, 13.) 

29 



^ESCULUS. 



AFFINES. 



by the Greeks for money in early times. Silver was 
originally the universal currency, and copper ap- 
pears to have been seldom coined till after the 
time of Alexander the Great. At Athens a copper 
coinage was issued as early as B.C. 406, in the 
archonship of Callias j 1 but it was soon afterward 
called in, and the silver currency restored. 2 It is 
not improbable, however, that the copper coin call- 
ed xa^Kove was in circulation in Athens still earlier. 
The smallest silver coin at Athens was the quarter 
obol, and the x a ^ K °vc was the half of that, or the 
eighth of an obol. The copper coinage issued in 
the archonship of Callias probably consisted of 
larger pieces of money, and not merely of the x a ^- 
kovc, which appears to have been used previously 
on account of the difficulty of coining silver in such 
minute pieces. The ^aX/coOc in later times was di- 
vided into lepta, of which, according to Suidas (s. v. 
Takavrov and '06ol6c), it contained seven. There 
was another copper coin current in Greece, called 
TVfiSoXov, of which the value is not known. Pollux 3 
ilso mentions K.67ikv6og as a copper coin of an early 
ige ; but, as Mr. Hussey has remarked, this may 
have been a common name for small money ; since 
to?i?iv6og signified generally " changing money," and 
•xoA?[,v6ioT7Js " a money-changer." In later times, 
the obol was coined of copper as well as silver. As 
^arly as B.C. 185, we find talents paid in copper by- 
Ptolemy Epiphanes.* 

_ ^ES CIRCUMFORA'NEUM, money borrowed 
Tom the Roman bankers (argentarii), who had 
<hops in porticos round the forum. 5 

^ES EQJJES'TRE, the sum of money given by 
<he Roman state for the purchase of the knight's 
^orse (ea pecunia, qua equus emendus erat. 6 ) This 
sum, according to Livy, 7 amounted to 10,000 ases. 
MS HORDEA'RIUM, or HORDIA'RIUM, 
the sum of money paid yearly for the keep of a 
knight's horse; In other words, a knight's pay. 8 
This sum, which amounted to 2000 ases for each 
horse, was chargt d upon the rich widows and or- 
phans, on the principle that, in a military state, the 
women and children ought to contribute largely for 
those who fought i«i behalf of them and the com- 
monwealth. 9 The tnights had a right to distrain 
for this money, if it was not paid, in the same man- 
ner as they had the right to distrain for the ces eques- 
ire, and the soldiers fir the ces militare. 10 It has been 
remarked by Niebuhy/ 1 that a knight's monthly pay, 
if his yearly pension of 2000 ases be divided by 
twelve, does not come io anything like an even sum ; 
but that, if we have recourse to a year of ten months, 
which was used in all calculations of payments at 
Rome in very remote tnves, a knight's monthly pay 
will be 200 ases, which was just double the pay of a 
foot soldier. 

MS MILITA'RE. (Vid. jErarii.) 
MS MANUA'RIUM was the money won in 
playing with dice, manibus collectum. Manus was 
the throw in the game. All who threw certain 
numbers were obliged to put down a piece of mon- 
ey; and whoever threw the Venus (the highest 
throw) won the whole sum, which was called the 
ess manuarium. 12 

MS UXO'RIUM. (Vid. Marriage.) 
*iESC'ULUS, a species of tree commonly rank- 
ed in the family of oaks. Martyn 13 is inclined to 
make it the same with what is called, in some parts 
of England, the bay-oak, and corresponds to the 



1. (Schol. in Aristoph., Ran., 737.) — 2. (Aristoph., Ecclesiaz., 
815-822.)— 3. (iii., 9.) — 4. (Polyb., xxiii., 9, 3.— Hussey, Ancient 
Weights and Money, p. 115. — Bockh, Publ. Econ. of Athens, 
vol ii., p. 384. — Id., Ueber Gewichte, Munzfusse, &c, p. 142, 
542, &c)— 5. (Cic. ad Att., ii., 1.)— 6. (Gaius, iv., 27.)— 7. (i., 
43.) — 8. ("Ea pecunia, ex qua hordeum equis erat coinparan- 
dum;" Gaius, iv., 27.)— 9. (Liv., i., 43.— Cic, de Rep., ii., 20.) 
10. (Gaius, iv., 27. — Cato ap. Gell., vii., 10. — Niebuhr, Hist. 
Rom. i., 460 461.)— 11. (Hist. Rom., ii., 439.)— 12. (Gell., 
rvii , 13.--Sufit, Octav., 72.1—13. (in Virsr., Georg-.. ii., 15.) 

30 



Quercus latifolia mas, quce brevi jtediado est, as de* 
scribed by Bauhin. Fee, however,* condemns this 
opinion, on the ground that Virgil, in the passage 
on which Martyn is commenting, places the JSsculus 
and Quercus in opposition to each other, as distinct 
kinds of trees. Martyn therefore is wrong, accord- 
ing to this writer, in making the JEsculus identical 
with the Quercus latifolia of Bauhin, since this last 
is only a variety of, and very little distinct from, the 
Quercus arbor. If it were certain that the cesculus of 
Virgil was the same with that of Pliny, 2 there would 
be no difficulty whatever in determining its botani- 
cal character; for the cesculus of Pliny is well known 
being the Qrjyoc- of Theophrastus, 3 or our Quercus 
JEsculus. Pliny's Fagus is our beech, and not an 
oak ; and the description which he gives of the 
tree shows this very clearly. On the other hand, 
Theophrastus ranks his ^ybq among oaks. Pliny 
thus places his cesculus between the quercus, the 
robur, the ilex, and the suber. Everything then 
agrees ; and, besides, the etymology of cesculus from 
esca ("food"), like that of tyrjyoc from (j>ayo ("to 
eat"), is not unreasonable. But the cesculus of Pliny 
does not correspond to the cesculus of Virgil. The 
former is one of the smallest kinds of oak, whereas 
the latter is described by the poet as "maxima," and 
in figurative language as touching the skies with its 
top, and reaching to Tartarus with its roots. Pliny, 
too, considers the cesculus as rare in Italy, whereas 
Horace speaks of wide groves of the cesculus in 
Daunia. This poet, therefore, like Virgil, takes the 
term cesculus in a different sense from the naturalist. 
In order to relieve the question from the embarrass- 
ment in which it is thus left, some botanists have 
imagined that Virgil means the chestnut, a bold bat 
not very' reasonable idea. 

jESTIMA'TIO LITIS. {Vid. Judex.) 
^ESYMNE'TES. (Vid. AISUMNE'TES.) 
~AETI'TES (aerirrie), the Eagle-stone. It is the 
same with the v tuv tiktuv of Theophrastus, or the 
Prolific stone, of which the ancients give such won- 
derful accounts, making it famous for assisting in 
delivery, preventing abortions, and discovering 
thieves ! Pliny 4 says of it, " Est autem lapis istt 
prcegnans intus ; quum quatias, alio velut in uteio 
sonante ;" and Dioscorides 5 remarks, uetlttj^ XlBoc 
oc erepov eyKvuuv TiWov vndpxov. Sir John Hill 1 
says, that custom has given the name of Aetites to 
every stone having a loose nucleus in it. Cleave- 
land observes, that the ancients gave it the name of 
Eagle-stone (derog, " an eagle"), from an opinion 
that this bird transports them to its nest to facilitate 
the laying of its eggs. It is an argillaceous oxydc 
of iron. 7 

*A'ETOS (aeroc). I. The Eagle. (Vid. Aquila.) 
II. A species of Ray fish, called by Pliny Aquila, 
and now known as the Raja Aquila, L. Oppian 
enumerates it among the viviparous fishes. 8 

AFFFNES, AFFFNITAS, or ADFFNES, A D- 
FFNITAS Affines are the cognati of husband 
and wife ; and the relationship called affinitrj can 
only be the result of a lawful marriage. Therc arc 
no degrees of affinitas corresponding to thrsa of 
cognatio, though there are terms to express the vari- 
ous kinds of affinitas. The father of a husband is 
the socer of the husband's wife, and the father of a 
wife is the socer of the wife's husband ; the term 
socrus expresses the same affinity with respect to 
the husband's and wife's mothers. A son's wife is 
nurus or daughter-in-law to the son's parents; a 
wife's husband is gener or son-in-law to the wife's 
parents. 

Thus the avus, avia ; pater, mater ; of the wife 



1. (Flore de Virgile, p. 11.)— 2. (H. N., xvi , 6, 2 ; 79, 4 ; 43, 1 ; 
xvii., 34, 3.)— 3. (H. P., iii., 9.)— 4. (H. N., i., 4, 1 ; x<x., 44, 1 : 
xxxvi., 39, 1.)— 5. (Dioscor., v., 160.)— 9. (TheopV.ast vtfk 
Aid., c. 11.) — 7 (Adams. Apo«nd.. s. v.)— £ (AdarnK, Ai>l*nd 
s. v.) 



AGEMA. 



AGITATOREis. 



become by the marriage respectively the socer mag- 
nus, proso;rus, or socrus magna — socer, socrus — 
of the husband, who becomes with respect to them 
severally progener and gener. In like manner, the 
corresponding ancestors of the husband respectively 
assume the same names with respect to the son's 
wife, who becomes with respect to them pronurus 
and nui'us. The son and daughter of a husband or 
wife born of a prior marriage are called privignus 
and privigna with respect to their stepfather or 
stepmother; and, with respect to such children, the 
stepfather and stepmother are severally called 
vitricus and noverca. The husband's brother be- 
comes levir with respect to the wife, and his sister 
becomes glos (the Greek ydluc). Marriage was 
unlawful among persons who had become such 
affines as above mentioned. A person who had sus- 
tained such a capitis diminutio as to lose both his 
freedom and the civitas, lost also all his affines. 1 

*AGALL'OCHON (dydXXoxov), the Lignum Aloes, 
or Aloexylon AgaUochum, Lour. Such, at least, is the 
opinion of the commentators on Mesue, of Celsius, 
Bergius, Matthiolus, Lamarck and Sprengel. Avi- 
cenna and Abu' 1 Fadli describe several species, or, 
more properly, varieties of it. 2 

ArA'MIOT rPA$H (dyaplov ypatf). ( Vid. Mar- 
riage.) 

*AGARTKON (dyapiicov), the Boletus igniarius, 
called in English Touchwood or Spunk, a fungous 
excrescence, which grows on the trunk of the oak 
and other trees. Dioscorides, Paulus iEgineta, and 
other writers on Toxicology, make mention of a 
black or poisonous Agaric, which may be decided 
to have been the Agaricus Musearius. Dr. Christi- 
son confirms the ancient statements of its poisonous 
Qature. 3 

AGA'SO, a groom, a slave whose business it was 
lo take care of the horses. The word is also used 
for a driver of beasts of burden, and is sometimes 
applied to a slave who had to perform the lowest 
menial duties.* 

*AGASS'EUS (uyacaevc), a species of dog de- 
scribed by Oppian. 5 It may be conjectured to have 
been either the Harrier or the Beagle. Pennant is 
in favour of the latter. 6 

AGATHOER'GOI (dyaQoepyoi). In time of war 
the kings of Sparta had a body-guard of three hvn- 
dred of the noblest of the Spartan youths (lii-Kelc ), of i 
whom the five eldest retired every year, and were 
employed for one year, under the name of dyadosp- 
/oi, in missions to foreign states. 7 It has been 
maintained by some writers that the dyadoepyoc did 
not attain that rank merely by seniority, but were 
selected from the Imreic by the ephors without refer- 
ence to age. 8 

AG'ELE (dyeXij), an assembly of young men in 
Crete, who lived together from their eighteenth year 
till the time of their marriage. An dyeli) consisted 
of the sons of the most noble citizens, who were 
usually under the jurisdiction of the father of the 
youth who had been the means of collecting the 
dyelrj. It was the duty of this person, called dyzkd- 
T7]s, to superintend the military and gymnastic ex- 
ercises of the youths (who were called dytkdcToi), 
to accompany them to the chase, and to punish them 
when disobedient. He was accountable, however, 
to the state, which supported the ay each at the pub- 
lic expense. All the members of an dyiXv were 
obliged to marry at the same time. 9 In Sparta the 
youths entered the dyelai, usually called fiovai, at 
ihe end of their seventh year. 

AGE?vlA (dyrjua from uyu), the name of a chosen 

1. (Big. 38, tit 10, s. 4.)— 2. (Dioscor., i., 21.— Adams, Ap- 
pend., s. v.)— 3. (Dioscor., iii., 1. — Adams, Append., s. v.) — 4. 
(Liv., xliii., 5. — Plin., xxxv., 11.— Curt., viii., 6.— Hor., Serm. 
II., viii., 72.— Pers., v., 76.)— 5. (Cyneget., 473.)— 6. (British 
Zoology, vol. i., p. 63.)— 7. (Herod., i., 67.)— 8. (Ruhnken ad 
Tim*: lex Hat s. v.)— 9. (Ephorus ap Strab., x., 480, 482, 



body of troops in the Macedonian army, which Hsu. 
ally consisted of horsemen. The agema seen s tc 
have varied in number ; sometimes it consisted of 
150 men, at other times of 300, and in later times ii 
contained as many as 1000 or 2000 men. 1 

*AGE'RATON (dyvparov), a plant, which Matthi 
olus and Adams make to have been the Achillea 
ageratum. Dodonseus and Sprengel, however, are 
undecided about it. It would appear to be the Eu~ 
patorium of the translator of Mesue. 8 

ArEQPTIOT AI'KH (dyeupyi.ov Slav), an ac 
tion which might be brought in the Athenian courts 
by a landlord against the farmer who had injured 
his land by neglect, or an improper mode of culti- 
vation. 3 
AGER ARCIFFNITJS. ( Vid. Agrimensores.) 
AGER DECUMA'NUS. ( Vid. Agrarue Leges.) 
AGER LIMITA'TUS. ( Vid. Agrimensores.) 
AGER PUB'LICUS. (Vid. Agrari2b Leges.) 
AGER RELIGIO'SUS. (Vid. Agrarue Leges.) 
AGER SACER. (Vid. Agrari^ Leges.) 
_ AGER SANCTUS (repsvoc). Teuevoc originally 
signified a piece of ground, appropriated for the sup- 
port of some particular chief or hero. 4 In the Ho- 
meric times, the kings of the Greek states seem to 
have been principally supported by the produce of 
these demesnes. The word was afterward applied to 
land dedicated to a divinity. In Attica, there appears 
to have been a considerable quantity of such sacred 
lands (Tepiv7j), which were let out by the state to 
farm; and the income arising from them was ap- 
propriated to the support of the temples and the 
maintenance of public worship. 5 

According to Dionysius, 6 land was set apart at 
Rome as early as the time of Romulus for the sup- 
port of the temples. The property belonging to the 
temples increased considerably in later times, es- 
pecially under the emperors. 7 

Lands dedicated to the gods were also called 
Agri consecrati. Houses, also, were consecrated ; as, 
for instance, Cicero's, by Clodius. By the provisions 
of the Lex Papiria, no land or houses could be dedi- 
cated to the gods without the consent of the plebs. 8 
The time when this law was passed is uncertain; 
but it was probably brought forward about B.C. 305, 
if Livy 9 alludes to the same law. 

A "ER VECTIGA'LIS. (Vid. Agrari;e Leges.) 
AG^'TORIA (aynropia). (Vid. CARNEIA.) 
AGGER (x&ua), from ad and gero, was used in 
general for a heap or mound of any kind. It was 
more particularly applied to a mound, usually com- 
posed of earth, which was raised round a besieged 
town, and was gradually increased in breadth and 
height till it equalled or overtopped the walls. 10 At 
the siege of Avaricum, Caesar raised in 25 days an 
agger 330 feet broad and 80 feet high. 11 The agger 
was sometimes made not only of earth, but of wood, 
hurdles, &c. ; whence we read of the agger being 
set on fire. 13 The agger was also applied to the 
earthen wall surrounding a Roman encampment, 
composed of the earth dug from the ditch (fossa), 
which was usually 9 feet broad and 7 feet deep ; but 
if any attack was apprehended, the depth was in- 
creased to 12 feet, and the breadth to 13 leet. Sharp 
stakes, &c, were usually fixed upon the agger, 
which was then called vallum. When both words 
are used (as in Caesar, agger ac vallum 12 ), the agger 
means the mound of earth, and the vallum the sharp 
stakes, &c, which were fixed upon the agger. 
AGITATO'RES. (Vid. Circus.) . 

1. (Diod. Sic, xix., 27, 28.— Liv., xxxvii., 40 ; xlii., 51, 58.— 
Curt., iv., 13.) — 2. (Dioscor., iv., 58. — Adams, Append., s v.) — 

3. (Bekker, Anecdot. Gr., 336. — Meier, Att. Process, p. 532.) — 

4. (Horn., II., vi., 194 ; ix., 578 ; xiii., 313.)— 5. (Xen., Vectig., 
iv., 19. — Didymus ap. Harpocrat., s. v. 'Affu Mi<r&w/*«rwi'. — 
Bockh, Publ. Econ. of Athens, vol. ii., p. 10, transl.) — 6. (ii., 7.) 
—7. (Vid. Suet., Oct., 31.— Tac, Ann., iv., 16.)— 8. (Cic, pre 
Dom., c. 49, seq.)— 9. (ix., 46.)— 10. (Liv., v., 7.)— 11 (Bell. 
Gall., vii., 24.)— 12. (Liv., xxxvi., 23— Ctes., Bell. Gall., vn , 24 
—Id., Bell. Civ., ii., 14, seq.)— 13 (Bell. Gall., vii., 72 j 

V J 



AGNUS. 



AGONES. 



AGMEN {agmen proprie dicitur, cum exercitus iter 
facit, ab agendo, id est, eundo vocatus 1 ), the marching 
»>rder of the Roman army. According to Polybius, 2 
the Roman armies commonly marched in his time in 
the following manner : " In the van are usually pla- 
ced the extraordinaries (krviXeKTOt, extraordinarii) ; 
and after these the right wing of the allies, which 
is followed by the baggage of both these bodies. 
Next to these marches the first of the Roman le- 
gions, with its baggage also behind it. The second 
legion follows, having behind it, likewise, both its 
own baggage and the baggage of the allies, who are 
in the rear ; for the rear of all the march is closed 
with the left wing of the allies. The cavalry 
marches sometimes in the rear of the respective 
bodies to which it belongs, and sometimes on the 
flanks of the beasts that are loaded with the bag- 
gage, keeping them together in due order, and cov- 
ering them from insult. When any attack is ex- 
pected to be made upon the rear, the extraordina- 
ries of the allies, instead of leading the van, are 
posted in the rear ; in all the other parts the dispo- 
sition remains the same. Of the two legions, and 
the two wings of the allies, those that are on one 
day foremost in the march, on the following day are 
placed behind; that, by thus changing their rank 
alternately, all the troops may obtain the same ad- 
vantage in their turn of arriving first at water and 
at forage. There is also another disposition which 
is used when any immediate danger threatens, and 
the march is made through an open country. At 
such times, the hastati, the principes, and the triarii 
are ranged in three parallel lines, each behind the 
other, with the baggage of the hastati in the front. 
Behind the hastati is placed the baggage of the 
prir.2ipes, who are followed likewise by that of the 
tria rii ; so that the baggage of the several bodies 
is placed in alternate order. The march being 
thus disposed, the troops, as soon as any attack is 
mq.de, turning either to the left or to the right, ad- 
v arise forward from the baggage towards that side 
upon which the enemy appears ; and thus, in a mo- 
ment of time, and by one single movement, the 
whole army is formed at once in order of battle, 
except only that the hastati are perhaps obliged to 
make an evolution; and the beasts of burden, also, 
with all those that attend upon the baggage, being 
now thrown into the rear of all the troops, are cov- 
ered by them from danger." — (Hampton's transla- 
tion.) An account of the marching order of a Ro- 
man army is also given by Caesar, 3 Josephus, 4 and 
Vegetius.* 

The form of the army on march differed , how- 
ever, according to circumstances, and the nature of 
the ground. An agmen pilatum was an army in 
close array, quod sine jumentis incedit, sed inter se 
densum est, quo facilius per iniquiora loca transmitta- 
tur. 6 The agmen quadratum was the army arranged 
in the form of a square, with the baggage in the 
middle. 7 

The form of the Grecian army on march in the 
time of Xenophon is described in the Anabasis. 6 
It appears that, during a march in the daytime, ei- 
ther the cavalry or the heavy-armed, or the tar- 
geteers, marchei in the van, according to the na- 
ture of the ground ; but that in the nighttime the 
slowest troops always marched first, by which plan 
tie army was less likely to be separated, and the 
s >ldiers had fewer opportunities of leaving the ranks 
v ithout discoverv. 

AGNA'TI. (Vid. Cognati.) 

AGNO'MEN. (Vid. Cognomen.) 

*AGNUS (ayvoc). All are agreed, as Schneider 

I. (Isidor., ix., 3.)— 2. (vi., 40.)— 3. (Bell. Gall., ii., 17, 19.)— 
4. UBell. Jud., iii., 6, $ 2.)— 5. (iii., 6.)— 6. (Serv. in Virg., 
JF-u-i xii., 121.— Compare Virg., ^n., ii., 450; v., 3'fi.)— 7. 
(3 iv., xxxi., 37 ; xxxix., 30.— Hirt., Bell. Gall., viii.,'8.- Tibull., 
\y . i., tOl— Tac, Ann., i 'iD -8. (vii.. 3. $ 37, sea/ 
32 



remarks, that this is the ViUx acnus castus, La, ui 
Chaste-tree. Galen makes it to be the same as the 
Ivyoc. The latter occurs in the Odyssey of Ho- 
mer, 1 and also in the Iliad, 2 and may there mean 
any flexible twig. 3 

AGONA'LIA, AGO'NIA,* or AGO'NIUM,' 
a Roman festival, instituted by Numa Pompilius 
in honour of Janus, 6 and celebrated on the 9th of 
January, the 20th of May, and the 10th of Decern. 
ber. The morning of tliese festivals, or, at least, 
the morning of the 10th of December, was consid- 
ered a dies nefastus. The etymology of tliis name 
was differently explained by the ancients : some 
derived it from Agmiius, a surname of Janus; some 
from the word agone, because the attendant, whose 
duty it was to sacrifice the victim, could not do so 
till he had asked the rex sacrificulus, Agone? and 
others from agonia, because the victims were for- 
merly called by that name. 7 The Circus Agonalis, 
built" by the Emperor Alexander, is supposed by 
some writers to have been erected on the spot 
where the victims were sacrificed during the ago- 
nalia. 

ATONES ariurjrol koI ti/utjtoL All causes in 
the Athenian courts were distinguished into two 
classes : ayuvec utiuvtol, suits not to be assessed, in 
which the fine or other penalty was determined by 
the laws ; and ayuvec tiutjto'l, suits to be assessed, 
in which the penalty had to be fixed by the judges. 
When the judges had given their votes in favour 
of the plaintiff, they next had to determine, provi- 
ded that the suit was an ayuv rifivrbc, what fine or 
punishment was to be inflicted on the defendant 
(Tradelv ?} airoTlaat). 6 The plaintiff generally men- 
tioned in the pleadings the punishment which he 
considered the defendant deserved (Ti/iaodai) ; and 
the defendant was allowed to make a counter-as- 
sessment (avTLTifiuadai, or viroTifiaadai), and to ar- 
gue before the judges why the assessment of the 
plaintiff ought to be changed or mitigated. 9 In 
certain causes, which were determined by the laws, 
any of the judges was allowed to propose an addi- 
tional assessment (Trpocrtfirjua) ; the amount of 
which, however, appears to have been usually fixed 
by the laws. Thus, in certain cases of theft, the 
additional penalty was fixed at five days' and 
nights' imprisonment. Demosthenes 10 quotes the 
law : Aedeadat ($' kv ttj tzo6okukv rbv rroda rciv& 
jjjuepac Kal vvurac Icac, kav v:poariar)(yn i] rfkiaia, 
TrpocTcuaodat de rbv fiovTibuevov, brav nepl tov tl- 
ur/uaroe y. In this passage we perceive the differ- 
ence between the active npoGTLuav, which is used 
of the assessment of the Heliasa (the court), and 
the middle irpoGTiudadai, which means the assess- 
ment proposed by one of the judges. In the same 
manner, riuav is used of the assessment made by 
the court, and riuaodat of that proposed by the 
plaintiff. 11 

According to some writers, the penalty was fixed 
in all private causes by the laws, with the excep- 
tion of the akmf ditaj ; 12 and if not absolutely, it 
was fixed in proportion to the injury which the de- 
fendant had received. Thus, in the action for inju- 
ry (fiTiaBrjc Sikv), if the injury had been done unin- 
tentionally, the single, and if intentionally, the dou- 
ble assessment was to be made. 13 But, on the othej 
hand, all penalties which had not the character o/ 
compensation were fixed absolutely; as, for in 
stance, in the case of libellous words (KaKvyopia) 
at 500 drachmas; 1 * and in the action for non-ap- 



!. (ix., 427.)—2. (xi., 105.)— 3. (Dioscor., iv., 134 — Theo 
phrast., i., 3.)— 4. (Ovid, Fast., v., 721.)— 5. (Fest., s v.)— 6 
(Macrob., Saturn., i., 4.)— 7. (Ovid, Fast., i., 319-332.— Fest.. 
s. v.)— 8. (Plat., Apol. Socr., c. 25.— Demosth. in Mid., p. 523. > 
—9. '(Plat., Apol. Socr., c. 25.)— 10. (in Timocr., p. 733.)— 11. 
(Demosth. in Mid., p. 529 ; in Timocr., p. 720 ; in Aristogit., i.. 
p. 794 ; in Theocrit., 1332, 1343 ; in Near., 1347.)— 12. (Uar- 
pocrat., s. v. — Ulpian, in Demosth., Mid., p. 523.) — 13. (De- 
mosth. in Mid., p. 528 ) — 14. (Isocr. in Loch., p. 398.) 



AGORA. 



AGRARI^E LEGES. 



pearanee of a witness Q.siizojiapTvpiov 61ktj), at 1000 
drachmae. x 

AGONOTH'ETAI (dyuvodiTat) were persons, in 
the Grecian games, who decided disputes and ad- 
judged the prizes to the victors. Originally, the 
person who instituted the contest and offered the 
prize was the dyuvo0i.T7}g, and this continued to be 
the practice in those games which were instituted 
by kings or private persons. But in the great pub- 
lic games, such as the Isthmian, Pythian, &c, the 
aj-uvodeTaL were either the representatives of dif- 
ferent states, as the Amphictyons at the Pythian 
games, or were chosen from the people in whose 
country the games were celebrated. During the 
flourisning times of the Grecian republics, the 
Eleans were the dyuvodirat in the Olympic games, 
the Corinthians in the Isthmian games, the Am- 
phictyons in the Pythian games, and the Corinthi- 
ans, Argives, and inhabitants of Cleonae in the 
Nemean games. The dyovoderai were also called 
aicv(j.vrjTai, dyuvdpxai, dyuvodiicai, udXodiTCU, p"a6- 
dovxoi or 6a6Sov6/j,oi (from the staff they carried 
as an emblem of authority), /3pa6eig, (3pa6evraL 

AG'ORA (ayopd) properly means an assembly of 
any nature, and is usually employed by Homer for 
the general assembly of the people. The ayopd 
seems to have been considered an essential part in 
the constitution of the early Grecian states, since the 
barbarity and uncivilized condition of the Cyclopes 
is characterized by their wanting such an assem- 
bly. 2 The ayopd, though usually convoked by the 
king, as, for instance, by Telemachus in the ab- 
sence of his father, 3 appears to have been also 
summoned at times by some distinguished chief- v 
tain, as, for example, by Achilles before Troy.*' 
The king occupied the most important seat in these 
assemblies, and near him sat the nobles, while the 
people sat or stood in a circle around them. The 
power and rights of thejjeople in these assemblies 
Lave been the subject of much dispute. Platner, 
Tittmann, and more recently Nitzsch, in his com- 
mentary on the Odyssey, maintain that the people 
were allowed to speak and vote ; while Heeren 5 
and Miiller 6 think " that the nobles were the only 
persons who proposed measures, deliberated, and 
voted, and that the people were only present to hear 
the debate, and to express their feeling as a body ; 
■ T hich expressions might then be noticed by a prince 
of a mild disposition." The latter view of the 
question is confirmed by the fact, that in no pas- 
sage in the Odyssey is any one of the people repre- 
sented as taking part in the discussion; while, in 
the Iliad, Ulysses inflicts personal chastisement 
upon Thersites for presuming to attack the nobles 
in the ayopd.'' The people appear to have been 
only called together to hear what had been already 
agreed upon in the council of the nobles, which is 
called fiovAif and dounog, 9 and sometimes even 

1 'in 

uyopa. 

Among the Athenians, the proper name for the 
assembly of the people was eiacXrio-ia, and among 
the Dorians alia. The term ayopd was confined 
at Athens to the assemblies of the phylae and demi. 11 
In Crete the original name ayopd continued to be 
applied to the popular assemblies till a late pe- 
riod. 1 ' 

The name ayopd was early transferred from the 
assemblv itself to the place in which the assembly 
was held ; and thus it came to be used for the mar- 
ket-place, where goods of all descriptions were 
bought and sold. The expression ayopd nlTJdovaa, 

1. (Harpocrat., sub KKrjTrjptg. — Bockh, Public Econ., ii., p. 97, 
100.— Meier, Att. Process, p. 180, 725.)— 2. (Od., ix., 112.)— 3. 
(Od., ii., 5-8.)— 4. (D., i., 54.)— 5. (Polit. Antiq., $ 56.)— 6. 
'Dorians, ii., 6.)— 7. (II., ii., 211, 277.)— 8. (IL, ii., 53 ; vi., 113 ; 
,'cpovrti @ou\cvTai.)—9. (Od., ii., 26.)— 10. (II., ix., 11, 33 — 
Od., ix., 112 ; ayopai (Sov\r}<p6poi.)—\\. (^Esch., c. Ctes., c. 12, 
d. 376.— Schomann, De Comitiis Athen., p. 27.— Bockh, Corp. 
Inscnp., i., p. 135.)— 12. (Bekker, Anecdot. Gr., i., * 210.) 
E 



" full market," was used to signify the time from 
morning to noon, that is, from about nine to twelve 
o'clock. 

AGORAN'OMI (dyopavo/ioi) were public func- 
tionaries in most of the Grecian states, whose du- 
ties corresponded in many respects to those of the 
Roman eediles. At Athens their number was ten, 
five for the city and five for the Piraeus, and not 
twenty, as Meier erroneously states, misled by a 
false reading in Harpocration. They were chosen by 
lot. 1 Under the Roman empire, the agoranomi were 
called loyiGTai* They corresponded in the prov- 
inces to the curatores civitatis or reiptibliccs. 3 

The principal duty of the agoranomi was, as 
their name imports, to inspect the market, and to 
see that all the laws respecting its regulation were 
properly observed. They had the inspection of all 
things which were sold in the market, with the ex- 
ception of corn, which was subject to the jurisdiction 
of the GiTO(j)v%aK£s* They regulated the price and 
quantity of all things which were brought into the 
market, and punished all persons convicted of 
cheating, especially by false weights and measures. 
They had, in general, the power of punishing all 
infraction of the laws and regulations relating to 
the market, by inflicting a fine upon the citizens, 
and personal chastisement upon foreigners and 
slaves, for which purpose they usually carried a 
whip. 5 They had the care of all the temples and 
fountains in the market-place, 6 and received the 
tax (tjevt-Kov TeXog) which foreigners and aliens 
were obliged to pay for the privilege of exposing 
their goods for sale in the market. The public 
prostitutes were also subject to their regulations. 7 

AGRA'NIA (dypavta), a festival celebrated at 
Argos, in memory of one of the daughters of 
Proetus, who had been afflicted with madness. 

ArPA$'IOY rPA $H (dypaftov ypacpr/). The names 

of all persons at Athens who owed any sum of 

money to the state (ol tu dyfiooiu) b^elXovreg) were 

registered by the practores (jcpdnroptg) upon tablets 

kept for that purpose in the Temple of Minerva, on 

the Acropolis ; 8 and hence the expression of being 

registered on the Acropolis (eyyeypa[i/.tevoe kv 'A/cpo- 

ttoXei) always means indebted to the state. 9 If 

the name of an individual was improperly erased, 

he was subject to the action for non-registration 

(aypa<piov ypatyf/), which was under the jurisdiction 

of the thesmothetae ; but if an individual was not 

registered, he could only be proceeded against b/ 

evdeit-ic, and was not liable to the dypatyiov ypa<bi]. xa 

Hesychius, whose account has been followed by 

Hemsterhuys and Wesseling, appears to have been 

mistaken in saying that the dypacpiov ypafoj could 

be instituted against debtors who had not been re- 
firjstcrcci. ii 

3 AIT'iUoi NO'MOI. (Vid. NOMOI.) 

AIT-'A^OT META'AAOY TPA*H (dypd<j>ov nerdl- 
2.ov ypatyrj) was an action brought before the thes- 
mothetas at Athens, against an individual who 
worked a mine without having previously register- 
ed it. The state required that all mines should be 
registered, because the twenty-fourth part of their 
produce was payable to the public treasury. 12 

AGRA'RI^E" LEGES. "It is not exactly true 
that the agrarian law of Cassius was the earliest 
that was so called : every law by which the com- 
monwealth disposed of its public land bore that 

1. (Demosth., c. Timocr., c. 29, p. 735. — Aristoph., Acham., 
689.) — 2. (Schol. in Aristoph., Acham., 658 ; dyopavd/iovs, oi)$ 
vvv Aoytoraj KaXov[i£v: Muller, JEginetica, p. 138.) — 3. (Cod. 
i., tit. 54, s. 3.)— 4. (Lysias, Kara tu>v 2tro7r., c. 6, p 722.) — 5. 
(Schol. in Aristoph., Acharn., 688.) — 6. (Plato, Lesrg., vi., 10.) 
— 7. (Justin, xxi., 5. — Meier, Att. Process, p. 89-92.— Petitus, 
Leg-. Att., v., tit. 3, s. 2, p. 495.) — 8. (Demosth. in Aristog., i , 
c. 15, p. 791. — Harpocr. et Suid., sub ipEvdeyypa<Pr/.) — 9. (De- 
mosth. in Theocr., c. 13, p. 1337.)— 10. (Demosth. in Theocr., 
c. 13, p. 1338.)— 11. (Meier, Att. Process, p. 353, 354.— Bockh,, 
Publ. Econ. of Athens, ii., p. 118-122, trans!.)— 12. (Bockh, 
Publ. Econ. of Athens, ii.. p. 478.— Meier, Att. Process, p. 354.)^ 

33 



AGRARliE LEGES. 



. AGRARI^E LEGES. 



name ; as, for instance, that by which the domain 
jf the kings was parcelled out among the common- 
alty, and those by which colonies were planted. 
Even in the narrower sense of a law whereby the 
state exercised its ownership in removing the old 
possessors from a part of its domain, and making 
o^er its right of property therein, such a law exist- 
ed among those of Servius Tullius." 1 

The history of the enactments called agrarian 
laws, either in the larger and more correct sense, 
or in the narrower sense of the term, as explained 
in this extract, would be out of place here. The 
particular objects of each agrarian law must be as- 
certained from its provisions. But all these nu- 
merous enactments had reference to the public land ; 
and a great majority of them were passed for the 
purpose of settling Roman colonies in conquered 
districts, and assigning to the veteran soldiers, who 
formed a large part of such colonists, their shares 
in such lands. The true meaning of all or any of 
these enactments can only be understood when we 
have formed a correct notion of property in land, as 
recognised by Roman law. It is not necessary, in 
order to obtain this correct notion, to ascend to the 
origin of the Roman state, though, if a complete 
history of Rome could be written, our conception 
of the real character of property in land, as recog- 
nised by Roman law, would be more enlarged and 
more precise. But the system of Roman law, as it 
existed under the emperors, contained both the 
teims and the notions which belonged to those early 
ages, of which they are the most faithful historical 
monuments. In an inquiry of the present kind, we 
may begin at any point in the historical series 
wh Ich is definite, and. we may ascend from known 
and intelligible notions which belong to a later age, 
towards their historical origin, though we may 
never be able to reach it. 

Gaius, 2 who probably wrote under the Antonines, 
made two chief divisions of Roman land ; that 
which was divini juris, and that which was humani 
juris. Land which was divini juris was either 
sacer or religiosus. 3 Land which was sacer was 
consecrated to the Dii Super! ; land which was 
religiosus belonged to the Dii Manes. Land was 
made sacer by a lex or senatus consultum ; and, as 
the context shows, such land was land which be- 
longed to the state (populus Romanus). An in- 
dividual could make a portion of his own land 
religiosus by the interment in it of one of his 
family : but it was the better opinion that land in 
the provinces could not thus be made religiosus ; 
and the reason given is this, that the ownership or 
property in provincial lands is either in the state 
(pop. Rom.) or in the Caesar, and that individuals 
had only the possession and enjoyment of it (pos- 
sessio et usus fructus). Provincial lands were either 
siipendiaria or tributaria : the stipendiaria were in 
those provinces which were considered to belong to 
the Roman state ; the tributaria were in those prov- 
inces which were considered as the property of the 
Caesar. Land which was humani juris was divi- 
ded into public and private : the former belonged to 
the state, the latter to individuals. 

It would seem to follow, from the legal form ob- 
served in making land sacer, that it thereby ceased 
to be publicus ; for if it still continued publicus, it 
had not changed its essential quality. Niebuhr* 
has stated that " all Roman land was either the 
property of the state (common land, domain) or 
private property — aut publicus aut privatus ;" and 
he adds that " the landed property of the state was 
either consecrated to the gods (sacer), or allotted to 
men to reap its fruits (profanus, humani juris)." 
Niebuhr then refers to the view of Gaius, who 
makes (he latter the primary division ; but he relies 

1. (Nieb., Rom. Hist., vol. ii., p. 129, transl.) -2. (ii., 2, seqq.) 
-3. (Compare Frortinus, de Re Agraria, xiii.) — 4. (Appendix, 
H» ii.) 



on the authority of Frontinus, supported oy Livy, 4 
as evidence of the correctness of his own divisic n. 
It is obvious, however, on comparing two passa- 
ges in Frontinus (De Re Agrana, xi., xiii.), that 
Niebuhr has mistaken the meaning ot the writer, 
who clearly intends it to be inferred that the sacred 
land was not public land. Besides, if the meaning 
of Frontinus was what Niebuhr has supposed it to 
be, his authority is not equal to that of Gaius on a 
matter which specially belongs to the province of 
the jurist, and is foreign to that of the agrimensor. 
The passage of Livy, also, certainly does not prove 
Niebuhr's assertion. The form of dedition in Livy 9 
may be easily explained. 

Though the origin of that kind of property called 
public land must be referred to the earliest "ages of 
the Roman state, it appears from Gaius that under 
the emperors there was still land within the limits 
of the Empire, the ownership of which was not in 
the individuals who possessed and enjoyed it, but in 
the populus Romanus or the Caesar. This posses- 
sion and enjoyment are distinguished by him from 
ownership (dominium). The term possessio frequently 
occurs in those jurists from whom the Digest was 
compi\ed ; but in these writers, as they are known 
to us, it applies only to private land, and the ager 
publicus is hardly, if at all, ever noticed by them. 
Now this term Possessio, as used in the Digest, 
means the occupation of private land by one who 
has no kind of right to it ; and this possessio was 
protected by the praetor's interdict, even when it 
was without bona fides or justa causa : but the term 
Possessio in the Roman historians — Livy, for in- 
stance — signifies the occupation and enjoyment of 
public land ; and the true notion of this, the original 
possessio, contains the whole solution of the ques- 
tion of the agrarian laws. For this solution we are 
mainly indebted to Niebuhr and Savigny. 

This latter kind of possessio, that which has pri- 
vate land for its, object, is demonstrated by Savigny 
(the term here used can hardly be said to be too 
strong) to have arisen from the first kind of pos- 
sessio: and thus it might readily be supposed that 
the Roman doctrine of possessio, as applied to the 
occupation of private land, would throw some light 
on the nature of that original possessio out of which 
it grew. In the imperial period, public land had 
almost ceased to exist in the Italian peninsula, but 
the subject of possession in private lands had be- 
come a well-understood branch of Roman "raw. 
The remarks in the three following paragraphs are 
from Savigny's valuable work, Das Recht des Be- 
sitzes. 3 

1. There were two kinds of land in the Roman 
state, ager publicus and ager privatus : in the latter 
alone private property existed. But, conformably 
to the old constitution, the greater part of the ager 
publicus was given over to individual citizens to 
occupy and enjoy; yet the state had the right of re- 
suming the possession at pleasure. Now we find 
no mention of any legal form for the protection of 
the occupier, or possessor as he was called, of such 
public land against any other individual, though ii 
cannot be doubted that such a form actually exist- 
ed. But if we assume that the interdict which pro- 
tected the possession of an individual in private 
land was the form which protected the possessor 
of the public land, two problems are solved at the 
same time : an historical origin is discovered for 
possession in private land, and a legal form for the 
protection of possession in public land. 

An hypothesis, which so clearly connects into 
one consistent whole facts otherwise incapable of 
such connexion, must be considered rather as 
evolving a latent fact, by placing other known facts 
in their true relative position, than as involving any 
independent assumption. Bat there is historical 

evidence in support of the hypothesis. 

1. (viii., 14.)— 9 (i.. 38.)— 3. (5th edit., p. 172.) 



AGRARI^E leges. 



AGRARI^E LEGES. 



2. The words possessio, possessor, and possidere are 
the technical terms used by writers of very different 
ages, to express the occupation and the enjoyment 
of the public lands ; that is, the notion of a right to 
occupy and enjoy public land was in the early ages 
of the Republic distinguished from the right of prop- 
erty in it. Nothing was so natural as to apply 
this notion, when once fixed, to the possession of 
private land as distinct from the ownership ; and, 
accordingly, the same technical terms were applied 
io the possession of private land. Various applica- 
tions of the word possessio, with reference to pri- 
vate land, appear in the Rbman law, in the bonorum 
possessio of the praetorian heres and others. But 
all the uses of the word possessio, as applied to ager 
privatus, however they may differ in other respects, 
agreed in this : they denoted an actual exclusive 
right to the enjoyment of a thing, without the strict 
Roman (Gluiritarian) ownership. 

3. The word possessio, which originally signified 
the right of the possessor, was in time used to sig- 
nify the object of the right. Thus ager signified 
a piece of land, viewed as an object of Gluiritarian 
ownership; possessio, a piece of land, in which a man 
had only a bonitarian or beneficial interest, as, for 
instance, Italic land not transferred by mancipatio, 
or land which from its nature could not be the sub- 
ject of Gluiritarian ownership, as provincial lands 
and the old ager publicus. Possessio accordingly 
implies usus ; ager implies proprietas or ownership. 
This explanation of the terms ager and possessio is 
from a jurist of the imperial times, quoted by Sa- 
vigny j 1 but its value for the purpose of the present 
inquiry is not on that account the less. The ager 
publicus, and all the old notions attached to it, as 
already observed, hardly occur in the extant Roman 
jurists ; but the name possessio, as applied to pri- 
vate land, and the legal notions attached to it, are 
of frequent occurrence. The form of the interdict 
— uti possidetis — as it appears in the Digest, is this : 
Uti eas csdcs... possidetis... vim fieri veto. But the 
original form of the interdict was : Uti nunc possi- 
detis eum fundum, &c. (Festus in Possessio) ; the 
word fundus, for which aedes was afterward substi- 
tuted, appears to indicate an original connexion 
between the interdict and the ager publicus. 

We know nothing of the origin of the Roman 
public land, except that it was acquired by con- 
quest, and when so acquired it belonged to the 
state, that is, to the populus, as the name publicus 
(populicus) imports. We may suppose that in the 
early periods of the Roman state, the conquered 
lands being the property of the populus, might be 
-njoyed by the members of that body, in any way 
that the body might determine. But it is not quite 
clear how these conquered lands were originally 
occupied. The following passage from Appian* 
appears to give a probable account of the matter, 
and one which is not inconsistent with such facts 
as are otherwise known : " The Romans," he says, 
" when they conquered any part of Italy, seized a 
portion of the lands, and either built cities in them, 
or sent Roman colonists to settle in the cities which 
already existed. Such cities were considered as 
garrison places. As to the land thus acquired from 
time to time, they either divided the cultivated part 
among the colonists, or sold it, or let it to farm. 
As to the land which had fallen out of cultivation 
oi consequence of war, and which, indeed, was the 
larger part, having no time to allot it, they gave 
public notice that any one who chose might in the 
mean time cultivate this land, on payment of part 
of the yearly produce, namely, a tenth of the prod- 
uce of 1 arable land, and a fifth of the produce of 
oliveyards and vineyards. A rate was also fixed 
to be paid by those who pastured cattle on this un- 
divided land, both for the larger and smaller ani- 

1. (Javolenus Pi?. 50, tit. 16, s. 115.V— 1. (Bell Civ., i., 7.) 



mals. The rich occupied the greater part of this 



undivided land, and at length, 



feeling 



confident 



that they should never be deprived of it, and getting 
hold of such portions as bordered on their share*, 
and also of the smaller portions in the possession 
of the poor, some by purchase and others by force, 
they became the cultivators of extensive districts 
instead of mere farms. And, in order that their 
cultivators and shepherds might be free from mili- 
tary service, they employed slaves instead of free- 
men ; and they derived great profit from their rapid 
increase, which was favoured by the immunity of 
the slaves from military service. In this way the 
great became very rich, and slaves were numerous 
all through the country. But this system reduced 
the numbers of the Italians, who were ground down 
by poverty, taxes, and military service ; and when- 
ever they had a respite from these evils, they had 
nothing to do, the land being occupied by the rich, 
who also employed slaves instead of freemen." 
This passage, though it appears to contain much 
historical truth, leaves the difficulty as to the origi- 
nal mode of occupation unsettled ; for we can 
scarcely suppose that there were not some rules 
prescribed as to the occupation of this undivided 
land more precise than such a permission or invita- 
tion for a general scramble. It must, indeed, have 
happened occasionally, particularly in the later 
times of the Republic, that public land was occupied, 
or squatted on (to use a North American phrase), by 
soldiers or other adventurers. 

But, whatever was the mode in which these 
lands were occupied, the possessor, when once in 
possession, was, as we have seen, protected by the 
praetor's interdict. The patron who permitted his 
client to occupy any part of his possessions as ten- 
ant at will (precario), could eject him at pleasure 
by the interdictum de precario ; for the client did r:ot 
obtain a possession by such permission of his pa- 
tron. The patron would, of course, have the same 
remedy against a trespasser. But any individual, 
however humble, who had a possession, was also 
protected in it against the aggression of the rich; 
and it was " one of the grievances bitterly com- 
plained of by the Gracchi, and all the pa*' -»s of 
their age, that while a soldier was serving against 
the enemy, his powerful neighbour, who coveted 
his small estate, ejected his wife and children." — 
(Nieb.) The state could not only grant the occu- 
pation or possession of its public land, but could 
sell it, and thus convert public into private land. 
A remarkable passage in Orosius 1 shows that pub- 
lic lands, which had been given to certain religious 
corporations to possess, were sold in order to raise 
money for the exigencies of the state. The selling 
of that land which was possessed, and the circum- 
stance of the possession having been a grant or 
public act, are both contained in this passage. 

The public lands which were occupied by pos- 
sessors were sometimes called, with reference to 
such possession, occupoitorii ; and, with respect to the 
state, concessi. Public land which became private 
by sale was called qucestorius; that which is often 
spoken of as assigned (assignatus) was marked out 
and divided (limitatus) among all the plebeians in 
equal lots, and given to them in absolute ownership, 
or it was assigned to the persons who were sent out 
as a colony. Whether the land so granted to the 
colony should become Roman or not, depended on 
the nature of the colony. The name ager publicus 
was given to public lands which were acquired 
even after the pfebs had become one of the estates in 
the Roman Constitution, though the name publicus, 
in its original sense, could no longer be strictly ap- 
plicable to such public lands. It should be observ- 
ed, that after the establishment of the plebs, the 
possession of public land was the peculiar privi- 



1. (Savigny, p. 176, p^«.) 



35 



AGRARIJE LEGES. 



AGRARI^l LEGES. 



lege d the patricians, as before the establishment 
of t.ie nlebs it seems to have been the only way in 
whicl public lands were enjoyed by the populus : 
the assignment, tha: is, the grant by the state of the 
ownc rsMp of public land in fixed shares, was the 
privilege of the plebs. In the early ages, when the 
popi lus was the state, it does not appear that there 
was any assignment of public lands among them, 
though it may be assumed that public lands would 
occasionally be sold; the mode of enjoyment of 
pub.ic land was that of possessio, subject, as al- 
ready observed, to an annual payment to the state. 
It may be conjectured that this ancient possessio, 
which we cannot consider as having its origin in 
anything else than the consent of the state, was a 
good title to the use of the land so long as the an- 
nual payments were made. At any rate, the plebs 
had no claim upon such ancient possessions. But 
with the introduction of the plebs as a separate es- 
tate, and the constant acquisition of new lands by 
conquest, it would seem that the plebs had as good 
a title to a share of the newly-conquered lands, as 
the patricians to the exclusive enjoyment of those 
lands which had been acquired by conquest before 
the plebs had become an estate. The determina- 
tion of what part of newly-conquered lands (arable 
and vineyards) should remain public, and what part 
should be assigned to the plebs, which, Niebuhr 
says, " it need scarcely be observed, was done after 
the completion of every conquest," ought to have 
been an effectual way of settling all disputes be- 
tween the patricians and plebs as to the possessions 
of the former ; for such an appropriation, if it were 
actually made, could have no other meaning than 
that the patricians were to have as good title to pos- 
sess their share as the plebs to the ownership of 
their assigned portions. The plebs, at least, could 
never fairly claim an assignment of public land, 
appropriated to remain such, at the time when they 
received the share of the conquered lands to which 
they were entitled. But the fact is, that we have 
no evidence at all as to such division between lands 
appropriated to remain public and lands assigned 
in ownership, as Niebuhr assumes. All that we 
know is, that the patricians possessed large tracts of 
public land, and that the plebs from time to time 
claimed and enforced a division of part of them. 
In such a condition of affairs, many difficult ques- 
tions might arise ; and it is quite as possible to con- 
ceive that the claims of the plebs might in some 
cases be as unjust and ill-founded as the conduct 
of the patricians was alleged to be rapacious in ex- 
tending their possessions. It is also easy to con- 
ceive that, in the course of time, owing to sales of 
possessions, family settlements, and other causes, 
boundaries had often become so confused that the 
equitable adjustment of rights under an agrarian 
law was impossible; and this is a difficulty which 
A ppian 1 particularly mentions. 

Pasture-lands, it appears, were not the subject of 
assignment, and were probably possessed by the pa- 
tricians and the plebs indifferently. 

The property of the Roman people consisted of 
many things besides land. The conquest of a ter- 
ritory, unless special terms were granted to the con- 
quered, seems to have implied the acquisition by the 
Roman state of the conquered territory and all that it 
contained. Thus not only would land be acquired, 
which was available for com, vineyards, and pas- 
ture, but mines, roads, rivers, harbours, and, as a 
consequence, tolls and duties. If a Roman colony 
was sent out to occupy a conquered territory or 
town, a part of the conquered lands was assigned 
to the colonists in complete ownership. (Vid. Co- 
lonia.) The remainder, it appears, was left or re- 
stored to the inhabitants. Not that we are to un- 
derstand that they had the property in the land as 



36 



i (i., 10, 18.) 



they had before ; but it appears that they were sub- 
ject to a tax, the produce of which belonged tc the 
Roman people. Niebuhr seems to suppose that the 
Roman state might at any time resume such re- 
stored lands ; and, no doubt, the right of resumption 
was involved in the tenure by which these lands 
were held; but it may be doubted if the resumption 
of such lands was ever resorted to except in extra- 
ordinary cases, and except as to conquered lands 
which were the public lands of the conquered state. 
Private persons, who were permitted to retain their 
lands subject to the payment of a tax, were not the 
possessors to whom the agrarian laws applied. In 
many cases, large tracts of land were absolutely 
seized, their owners having perished in battle or 
been driven away, and extensive districts, either not 
cultivated at all or very imperfectly cultivated, be- 
came the property of the state. Such lands as were 
unoccupied could become the subject of possessio; 
and the possessor would in all cases, and in what- 
ever manner he obtained the land, be liable to a 
payment to the state, as above mentioned in the ex- 
tract from Appian. This possessio was a real in- 
terest, for it was the subject of sale : it was the use 
(usus) of the land ; but it was not the ager or prop- 
erty. The possessio strictly could not pass by the 
testament of the possessor, at least not by the man- 
cipation It is not easy, therefore, to imagine any 
mode by which the possession of the heres was pro- 
tected, unless there was a legal form, such as Savig- 
ny has assumed to exist for the general protection 
of possessiones in the public lands. 

The possessor of public land never acquired the 
ownership by virtue of his possession ; it was not 
subject to usucapion. The ownership of the land 
which belonged to the state could only be acquired 
by the grant of the ownership, or by purchase from 
the state. The state could at any time, according 
to strict right, sell that land which was only pos- 
sessed, or assign it to another than the possessor. 
The possession was, in fact, with respect to the 
state, a precarium; and we may suppose that the 
lands so held would at first receive few permanent 
improvements. In course of time, and particularly 
when the possessors had been undisturbed for many 
years, possession would appear, in an equitable 
point of view, to have become equivalent to owner- 
ship ; and the hardship of removing the possessors 
by an agrarian law would appear the greater, after 
the state had long acquiesced in their use and occu- 
pation of the public land. 

In order to form a correct judgment of some of 
those enactments which are most frequently cited 
as agrarian laws, it must be borne in mind that the 
possessors of public lands owed a yearly tenth, or 
fifth, as the case might be, to the state. Indeed, it 
is clear, from several passages, 2 that, under the Re- 
public at least, the receipt of anything by the state 
from the occupier of land was a legal proof that the 
land was public; and conversely, public land al- 
ways owed this annual payment. These annual 
payments were, it seems, often withheld by the pos- 
sessors, and thus the state was deprived of a fund 
for the expenses of war. 

The object of the agrarian law of Sp. Cassius is 
supposed by Niebuhr to have been " that the por- 
tion of the populus in the public lands should be set 
apart; that the rest should be divided among the 
plebeians; that the tithe should again be levied, and 
applied to paying the army." The agrarian law ol 
Licinius Stolo limited each individual's possession 
of public land to 500 jugera, and imposed some 
other restrictions; but the possessor had no better 
title to the 500 jugera which the law left him than 
he formerly had to what the law took from him. 
The surplus land, according to the provisions of 
the law, was to be divided among the plebeians. 

1. (Gaius, ii., 102.)— 2 I <v ?tri., 1? > 



AGRAKUE LEGES. 



AGRARliE LEGES. 



The Licinian law not effecting its object, T. S. 
Gracchus revived the measure for limiting the pos- 
session of public land to 500 jugera. The argu- 
ments of the possessors against this measure, as 
they are stated by Appian, 1 are such as might rea- 
sonably be urged ; but he adds that Gracchus pro- 
posed to give to each possessor, by way of compen- 
sation for improvements made on the public land, 
die full ownership of 500 jugera, and half that quan- 
tity to each of his sons, if he had any. If it is true, 
as Appian states, that the law of Gracchus forbade 
the rich from purchasing any of the lands which 
might be allotted to the plebeians by his agrarian 
law, this part of the measure was as unjust as it 
was impolitic. The lands which the Roman peo- 
ple had acquired in the Italian peninsula by con- 
quest were greatly reduced in amount by the laws 
of Gracchus and by sale. Confiscations in the civil 
wars, and conquests abroad, were indeed continu- 
ally increasing the public lands; but these lands 
were allotted to the soldiers and the numerous col- 
onists to whom the state was continually giving 
lands (see the list in Frontinus, De Coloniis Italia). 
The system of colonization which prevailed during 
the Republic was continued under the emperors, 
and considerable tracts of Italian land were dispo- 
sed of in this manner by Augustus and his suc- 
cessors. Vespasian assigned lands in Samnium to 
his soldiers, and grants of Italian lands are men- 
tioned by subsequent emperors, though we may in- 
fer that, at the close of the second century of our 
aera, there was little public land left in the peninsu- 
la. Vespasian sold part of the public lands called 
subseciva, a term which expressed such parts as had 
not been assigned, when the other parts of the same 
district had been measured and distributed. Domi- 
tian, according to Aggenus, gave the remainder of 
such lands all through Italy to the possessors. The 
conquests beyond the limits of Italy furnished the 
emperors with the means of rewarding the veterans 
by grants of J and ; and in this way the institutions of 
Rome were planted on a foreign soil. But, accord- 
ing to Gaius, property in the land was not acquired 
by such grant; the ownership was still in the state, 
and the provincial landholder had only the posses- 
sio. If this be true, as against the Roman people 
or the Caesar, his interest in the land was one that 
might be resumed at any time, according to the 
strict rules of law, though it is easily conceived 
that such foreign possessions would daily acquire 
strength, and could not safely be dealt with as pos- 
sessions had been in Italy by the various agrarian 
laws which had convulsed the Roman state. This 
assertion of the right of the populus Romanus and 
of the emperors might be no wrong " inflicted on 
provincial land-owners by the Roman jurispru- 
dence," as Niebuhr affirms. This same writer 
also observes, that Frontinus speaks of the " arva 
publico, in the provinces, in contradistinction to the 
agri privati there;" but this he does not. This 
contradistinction is made by his commentator Ag- 
genus, who, as he himself says, only conjectures the 
meaning of Frontinus ; and, as we think, he has not 
discovered it. 2 The tax paid by the holders of ager 
privatus in the provinces was the only thing which 
distinguished the beneficial interest in such land from 
Italic land, and might be, in legal effect, a recogni- 
tion of \az ownership according to Roman law. 
And this was Savigny s earlier opinion with respect 
to the tax paid by provincial lands ; he considered 
such tax due to the Roman people, as the sovereign 
or ultimate owner of the lands. His later opinion. 
bj expressed in the Zeilschrift for Geschichtliche 
Recktswissenschaft* is, that under the Caesars a uni- 
form system of direct taxation was established in 
the provinces, to which all provincial land was 
Subject ; but land in Italy was free from this tax, 



1. (Bell. Civ., i., 10.)— 2. (Frontinus.de Re Agraria.) -3. (vol. 
., p. 9M. t 



ana a provincial town could only acquire the like 
freedom by receiving the privilege expressed by the 
term jus Italicum. The complete solution of the 
question here under discussion could only be ef- 
fected by ascertaining the origin and real nature of 
this provincial land-tax ; and as it may be difficult, 
if not impossible, to ascertain such facts, we must 
endeavour to give a probable solution. Now it is 
consistent with Roman notions that all conquered 
land should be considered as the property of the 
Roman state; and it is certain that such land, 
though assigned to individuals, did not by that cir- 
cumstance alone become invested with all the 
characters of Roman land which was private prop- 
erty. It had not the privilege of the jus Italicum, 
and, consequently, could not be the object of Cluiri- 
tarian ownership, with its incidents of mancipatio, 
&c. All land in the provinces, including even that 
of the libera civitates, and the ager publicus prop- 
erly so called, could only become an object of 
Gluiritarian ownership by having conferred upon it 
the privilege of Italic land, by which it was also 
released from the payment of the tax. It is clear 
that there might be and was ager privatus, or pri- 
vate property, in provincial land ; but this land had 
not the privileges of Italic land, unless such priv- 
ilege was expressly given to it, and, accordingly, it 
paid a tax. As the notions of landed property in 
all countries seem to suppose a complete ownership 
residing in some person, and as the provincial land- 
owner, whose lands had not the privilege of the jus 
Italicum, had not that kind of ownership which, 
according to the notions of Roman law, was com- 
plete ownership, it is difficult to conceive that the 
ultimate ownership of provincial lands (with the 
exception of those of the liberae civitates) could 
reside anywhere else than in the pc pulus Romanus, 
and, after the establishment of the imperial power, 
in the populus Romanus or the Caesar. This ques- 
tion is, however, one of some difficulty, and well 
deserves farther examination. It may be doubted, 
however, if Gaius means to say that there could 
be no Gluiritarian ownership of private land in the 
provinces ; at least this would not be the case in 
those districts to which the jus Italicum was ex- 
tended. The case of the Recentoric lands, which 
is quoted by Niebuhr, 1 may be explained. The 
land here spoken of was land in Sicily. One ob- 
ject of the measure of Rullus was to exact certain 
extraordinary payments (vectigal) from the public 
lands, that is, from the possessors of them ; but he 
excepted the Recentoric lands from the operation 
of his measure. If this is private land, Cicero 
argues, the exception is unnecessary. The argu- 
ment, of course, assumes that there was or might 
be private land in Sicily; that is, there was or 
might be land which would not be affected by this 
part of the measure of Rullus. Now the opposition 
of public and private land in this passage certainly 
proves, what can easily be proved without it, that 
individuals in the provinces owned land as individ- 
uals did in Italy ; and such land might with pro- 
priety be called privates, as contrasted with that 
called publicus in the provinces: in fact, it would 
not be easy to have found anothe r name for it. But 
we know that ager privatus in the provinces, unless 
it had received the jus Italicum, was not the same 
thing as ager privatus in Italy, though both were 
private property. Such a passage, then, leads to 
no necessary conclusion that the ultimate owner- 
ship or dominion of this private land was not in the 
Roman people. It may be as well here to remarK 
farther, that any conclusions as to Roman law, de- 
rived solely from the orations of Cicero, are to be 
received with caution ; first, because on several 
occasions (in the Pro Ccecina for instance) he states 
that to be law which was not, for the purpose of 



1 (ClC. r Pull., i.. 4.> 



« 



AGRiMEJNSORES. 



AGRIMEJNSORES. 



maintaining his argument ; and, secondly, because 
it was a subject on which his knowledge was prob- 
ablv not very exact. 

It only remains briefly to notice the condition of 
the public land with respect to the fructus, or vecti- 
gal, which belonged to the state. This, as already 
observed, was generally a tenth, and hence the ager 
publicus was sometimes called decumanus ; it was 
also sometimes called ager vectigalis. The tithes 
were generally farmed by the publicani, who paid 
their rent mostly in money, but sometimes in grain. 
The letting was managed by the censors, and the 
lease was for five years. The form, however, of 
leasing the tenths was that of a sale, mancipatio. In 
course of time, the word locatio was applied to these 
leases. The phrase used by the Roman writers 
was originally fructus locatio, which was the proper 
expression ; but we find the phrase agrum frucndum 
locare also used in the same sense, an expression 
which might appear somewhat ambiguous ; and 
even agrum locare, which might mean the leasing 
of the public lands, and not of the tenths due from 
the possessors of them. It is, however, made clear 
by Niebuhr, that in some instances, at least, the 
phrase agrum locare does mean the leasing of the 
tenths ; whether this was always the meaning of 
the phrase, it is not possible to affirm. 

Though the term ager vectigalis originally ex- 
pressed the public land, of which the tithe was 
leased, it afterward came to signify lands which 
were leased by the state or by different corpora- 
tions. This latter description would comprenend 
even the ager publicus ; but this kind of" public 
property was gradually reduced to a small amount ; 
and we" find the term ager vectigalis, in the later 
period, applied to the lands of towns which were so 
leased that the lessee, or those who derived their 
iithe from him, could not be ejected so long as they 
paid the vectigal. This is the ager vectigalis of 
the Digest, 1 on the model of which was formed the 
emphyteusis, or ager emphyteuticarius. (Via 1 . Em- 
phyteusis.) The rights of the lessee of the ager 
vectigalis were different from those of a possessor 
of the old ager publicus, though the ager vectigalis 
was derived from, and was only a new form of, the 
ager publicus. Though he had only a jus in re, and 
though he is distinguished from the owner {dominus), 
yet he was considered as having the possession of 
the land. He had, also, a right of action against 
the town, if he was ejected from his land, provided 
he had always paid his vectigal. 2 

AGRAU'LIA (aypavlia) was a festival celebra- 
ted by the Athenians in honour of Agraulos, the 
daughter of Cecrops. We possess no particulars 
respecting the time or mode of its celebration ; but 
it was, perhaps, connected with the solemn oath, 
which all Athenians, when they arrived at man- 
hood (e(prj6oL), where obliged to take in the temple 
of Agraulos, that they would fight for their coun- 
try, and always observe its laws. 3 

Agraulos was also honoured with a festival in 
Cyprus, in the month Aphrodisius, at which human 
victims were offered.* 

AG'RETAI (aypiTai), the name of nine maidens, 
who were chosen every year, in the Island of Cos, 
as priestesses of Athena (Minerva). 

AGRIA'NIA (aypcavla) was, according to He- 
sychius, a festival celebrated at Argos, in memory 
of a deceased person, and was, probably, the same 
as the festival called Agrania. The Agriania was 
also celebrated at Thebes, with solemn sports. 

AGRIMENSO'RES, or " land-surveyors," a col- 



1. (vi., tit. 3.) — 2. (Niebuhr, Rom. Hist. — Savigny, das Recht 
des Besitzes, 5th ed. — Cicero, c. Rull. ; and the other authori- 
ties already referred to in the course of the article.) — 3. (Ly- 
ping-., c. Leocr., c. 18, p. 189.— Demosth., de Legat., c. 84, p. 
<!38.— Plut., Alcib., c. 15.— Stobaeus, Serm., xli., 141.— Scho- 
lmmn, de Comit. Athen., p. 331. — Wachsmuth, Hellen. Alterth., 
L, i., p. 252.) — 4. (Porphyr., de Abstin. ab Anim., i., 2.) 

38 



lege established under the Roman emperors. Like 
the jurisconsults, they had regular schools, and 
were paid handsome salaries by the state. Theii 
business was to measure unassigned lands for the 
state, and ordinary lands for the proprietors, and to 
fix and maintain boundaries. Their writings on 
the subject of their art were very numerous ; and 
we have still scientific treatises on the law of 
boundaries, such as those by Frontinus and Hygi- 
nus. They were sometimes vested with judicial 
power, and were called spectaMles and clarissimi in 
the time of Theodosius and Valentinian. As par- \ 
titioners of land, the agrimensores were the success- ' 
ors of the augurs, and the mode of their limitatio 
was derived from the old augurial method of form- 
ing the templum. The word templum, like the Greek 
Te/iEvoc, simply means a division ; its application to 
signify the vault of the heavens was due to the fact 
that the directions were always ascertained accord- 
ing to the true cardinal points. At the inauguration 
of a king 1 or consul, 2 the augur looked towards the 
east, and the person to be inaugurated towards the 
south. Now, in a case like this, the person to be 
inaugurated was considered the chief, and the di- 
rection in which he looked was the main direction. 
Thus we find that in the case of land-surveying the 
augur looked to the south : 3 for the gods were sup- 
posed to be in the north, and the augur was con- 
sidered as looking in the same manner in which 
the gods looked upon the earth.* Hence the main 
line in land-surveying was drawn from north to 
south, and was called cardo, as corresponding to 
the axis of the world ; the line which cut it was 
termed decumanus, because it made the figure of a 
cross, like the numeral X. These two lines were 
produced to the extremity of the ground which was 
to be laid out, and parallel to these were drawn 
other lines, according to the size of the quadrangle 
required. The limits of these divisions were indi- 
cated by balks, called limites, which were left as 
high roads, the ground for them being deducted 
from the land to be divided. As every sixth was 
wider than the others, the square bordering upon 
this would lose pro tanto. The opposition of via 
and limes in this rectangular division of property 
has not been sufficiently attended to by scholars. 
It appears that, if the line from north to south was 
called limes, that from east to west would be named 
via, and vice versa. Virgil was, as is well known, 
very accurate in his use of words, and we may en- 
tirely depend on inferences drawn from his lan- 
guage. First, he uses limes in its stricter sense as 
a term of land-surveying : 

" Ante Jovem nulli subigebant arva coloni, 
Nee signare quidem, aut paHiri limite campum 
Fas erat." 5 
Again, in speaking of planting vines in regulat 
rows, he says : 

" Omnis in unguem 
Arboribus positis secto via limite quadret ;" 6 

i. e., " let every via be exactly perpendicular to the 
limes which it cuts." He says quadret, for the term 
via might be used in speaking of a fine which cut 
another obliquely, as it is used in the description 
of the ecliptic, in Virgil : 

" Via secta per ambas, 
Obliquus qua se signorum verteret or do."' 1 

These passages are sufficient to prove that via 
and limes are used in opposition to one another. 
The following authorities will show that via means 
the principal or high road ; and limes, a narrower 
cross road, where roads are spoken of. In the first 
place, the Twelve Tables laid down that the via. 
should be eight feet wide when straight, but twelve 

1. (Liv., i., 18.)— 2. (Dionys., ii., 5.)— 3. (Varro, ap. Fron- 
tin., p. 215.)— 4. (Festus, s. v. Sinistra.)— 5. (Georg., i., 126 > - 
6. (Georg., ii., 278.)— 7. (Georg., i., 238.) 



AGROSTIS. 



A1GE1ROS. 



feet at the turning ; and it is expressly distinguished 
bv Festus from (he iter of two feet wide, and the 
actus of four feet wide. Secondly, in Livy 1 we 
have " intra earn (portam) extract: e lata sunt vice, ct 
extra limes" &c, " eo limite," &c. ; and in the same 
author, 2 " transversis limitibus in viam Latinam est 
egressus •" and Tacitus 3 says, " Per limitem vice 
sparguntur fcstinatione consectandi victores." When 
land was not divided, it was called arcifinius, or 
arcifinalis; the ager publicus belonged to this class. 

The reader will find two very valuable articles 
on the Limitatio and the Agrimensores in the Appen- 
dices to Niebuhr's Roman History, vol. ii. 

*AGRIMO'NIA, the herb Agrimony, called also 
Eupatorium (EinraTvoLov), from its having been dis- 
covered by Mithradates Eupator.* 

AGRIO'NIA (dypiuvia), a festival which was 
celebrated at Orchomenus, in Bceotia, in honour of 
Dionysus, surnamed 'Aypiuvioc. It appears from 
Plutarch 5 that this festival was solemnized only by 
women and priests of Dionysus. It consisted of a 
kind of game, in which the women for a long time 
acted as if seeking Dionysus, and at last called out 
to one another that he had escaped to the Muses, 
and had concealed himself with them. After this 
they prepared a repast ; and having enjoyed it, 
amused themselves with solving riddles. This fes- 
tival was remarkable for a feature which proves its 
great antiquity. Some virgins, who were descend- 
ed from the Minyans, and who probably used to 
assemble around the temple on the occasion, fled, 
and were followed by the priest armed with a sword, 
who was allowed to kill the one whom he first 
caught. This sacrifice of a human being, though 
originally it must have formed a regular part of the 
festival, seems to have been avoided in later times. 
One instance, however, occurred in the days of 
Tlutarch. 6 But, as the priest who had killed the 
woman was afterward attacked by disease, and 
several extraordinary accidents occurred to the 
Minyans, the priest and his family were deprived 
of their official power. The festival is said to have 
been derived from the daughters of Minyas, who, 
after having for a long time resisted the Bacchana- 
lian fury, were at length seized by an invincible 
desire of eating human flesh. They therefore cast 
lots on their own children, and as Hippasus, son 
of Leucippe, became the destined victim, they 
killed and ate him, whence the women belonging to 
that race were at the time of Plutarch still called 
the destroyers (bXelai or alokalat), and the men 
mourners {-tyoXoziQ)? 

♦AGRIOPHYLL'ON (uypto^vllov), a plant, the 
same with the Peucedanum (UevKtdavov), our " Hogs- 
fennel," or "Sulphur-wort." 8 

AGRON'OMI (aypovofj.01) are described by Aris- 
totle as the country police, whose duties correspond- 
ed in most respects to those of the astynomi in the 
city. 9 They appear to have performed nearly the 
same duties as the hylori (vlcopoi). Aristotle does 
not inform us in what state they existed ; but, from 
the frequent mention of them by Plato, it appears 
probable that they belonged to Attica. 10 

*AGROSTTS {aypuvTig), a plant. Schneider and 
Sprengel remark, that nearly all the commentators 
agree in referring it to the Triticum repens, L., or 
Ci mch-grass. Stackhouse, however, is content with 
simply marking the uypuang of Theophrastus as the 
Agrostis. The brief description of the uypuaric kv 
ru TlapvaaoC), given by Dioscorides, would seem to 
point to the Parnassia palustris, or " Grass of Par- 
nassus." 11 

1. (xxxi., 24.)— 2. (xxii., 12.)— 3. (Hist., iii., 25.)— 4. (Dios- 
ror , iv., 41.— Plin., H. N., xxv., 6.)— 5. (Qujest. Rom., 102.)— 
R. (Qusest. Grajc, 38.) — 7. (Miiller, Die Minyen, p. 166, seqq.) 
—8. (Apul., de Herb., c. 95.— Theophrast., H. P., ix., 14.— Dios- 
cor., iii., 82.)— 9. (Polit., vi., 5.)— 10. (Plato, Legg., vi., 9.— 
Timaei Lexicon, and Ruhnken's note, in which several passages 
are quoted fron! Plato )~ 11 (Dioscor., i? 30, 32.— Theophrast., 
H. P , v, 6. seco-l 



ArPOT'EPAS GT'SIA (ayporepac, Svoia), a festi. 
val celebrated every year at Athens in honour ol 
Artemis, surnamed Agrotera (from dypa, chase). 
It was solemnized, according to Plutarch, 1 on the 
sixth of the month of Boedromion. and consisted in 
a sacrifice of 500 goats, which continued to be offer- 
ed in the time of Xenophon. 2 Its origin is thus re- 
lated : When the Persians invaded Attica, Callim- 
achus the polemarch, or, according to others, Mil- 
tiades, made a vow to sacrifice to Artemis Agiote- 
ra as many goats as there should be enemies slain 
at Marathon. But when the number of enemies 
slain was so great that an equal number of goats 
could not be found at once, the Athenians decreed 
that 500 should be sacrificed every year. This is 
the statement made by Xenophon ; but other ancient 
authors give different versions. iElian, whose ac- 
count, however, seems least probable, states 3 the time 
of the festival to have been the sixth of Thargelion, 
and the number of goats yearly sacrificed 300. The 
scholiast on Aristophanes* relates that the Athenians, 
before the battle, promised to sacrifice to Artemis 
one ox for every enemy slain ; but when the num- 
ber of oxen could not be procured, they substituted 
an equal number of goats. 

AGRUP'NIS (aypvTrvic), a nocturnal festival cele- 
brated at Arbela, in Sicily, in honour of Dionysus. 5 

AGUR'MOS (ayvppotf. (Vid. Eleusinia.) 

AGUR'TAI (ayvprat), mendicant priests, who 
were accustomed to travel through the different 
towns of Greece, soliciting alms for the gods whom 
they served. These priests carried, either on their 
shoulders or on beasts of burden, images of their 
respective deities. They appear to have been of 
Oriental origin, and were chiefly connected with the 
worship of Isis, 6 Opis, and Arge, 1 and especially 
of the great mother of the gods; whence they were 
called [MjTpayvpTaL. They were, generally speaking, 
persons of the lowest and most abandoned character. 
They undertook to inflict some grievous bodily in- 
jury on the enemy of any individual who paid them 
for such services, and also promised, for a small 
sum of money, to obtain forgiveness from the gods 
whom they served for any sins which either the in- 
dividual himself or his ancestors had committed. 8 
Thus GUdipus calls Tiresias, 

Muyov rotovde /.irixavop^d^ov 
doTiwv ayvpTTjv. 9 

These mendicant priests came into Italy, but at 
what time is uncertain, together with the worship 
of the gods whom they served. 10 

The name of dyvprai was also applied to those 
individuals who pretended to tell people's fortunes 
by means of lots. This was done in various ways, 
The lots frequently consisted of single verses taken 
from well-known poems, which were thrown into an 
urn, whence they were drawn either by the persons 
who wished to learn their fortunes or by boys. It 
was also usual to write the verses on a tablet, 11 and 
those who consulted them found out the verses 
which foretold their destinies by throwing dice. 

AIAKEI'A (AlaKeia), a festival of the ^Eginetans 
in honour of iEacus, the details of which are not 
known. The victor in the g£tnes which were sol- 
emnized on the occasion, consecrated his chaplet 
in the magnificent temple of iEacus. 12 

AIANTEIA (AldvTeta), a festival solemnized in 
Salamis in honour of Ajax, of which no particulars 
are known. 13 

*AIGEIROS (alyeipog), without doubt the Popu- 
lus nigra, or Black Poplar. 1 * 

1. (De Malign. Herod., 26.)— 2. (Xenoph., Anal)., iii., 2, $ 
12.)— 3. (V. H., ii., 15.)— 4. (Equit., 666.)— 5. (Vid. Hesych., 
s. v.)— 6. (Suid., sub ' Aytipu.)— 7. (Herod., iv., 35.)— 8. (Rulin 
ken ad Timsei Lex. Plat., sub aytipovoav and inaywyai) — 9. 
(Soph., (Ed. Tyr., 387.)— 10. (Cic, de Legg., ii., 16— Heindorff; 
in Hor., Serm.,L, ii.,2.)— 11. {ayvpriKbtrnvai, or dyvpriKri cavii-) 
—12. (Miiller, iEsrinetica, p. 140.)— 13. {Vid. Hesych., s. v.)— 
14. (Dioscor., i., 109.— Theophvast... H P., i.. 8: ii., & «fec> 

39 



AIKIAS DIKE. 



AIMATITES. 



•AIGITH'ALOS (aiyidalog), a species of bird. 
Aristotle applies this term to the genus Parus, of 
which he describes the following species: 1. The 
BTu&Trjg, which is the Pains major, L., the Great 
Titmouse or Ox-eye. 2. The opeivog, which would 
seem to correspond to the Parus caudatus, L., or 
Long-tailed Titmouse. 3. The eMxtaroc, which an- 
swers to the Parus cce?-uleus, L., or Blue Titmouse. 1 

*AIG'ILOPS (aiyiXuijj), a plant about which there 
has been great diversity of opinion. Robert Ste- 
phens and most of the older commentators contend 
that it is the Avena sterilis, or Folk avoine of the 
French. Matthiolus rejects this opinion, and holds 
it to be an herb called Coquiele in French, which 
grows in fields of barley. Dodonaeus, Sibthorp, 
Stackhouse, and Sprengel agree in referring it to 
the JEgilops ovaia. Theophrastus farther applies 
the name to a species of Oak, which Stackhouse 
makes to be the Quercus JEgilops. 2 

*AIG'IPYROS (aiyinvpog), Buckwheat. Spren- 
gel mentions that the learned Anguillara believed 
it to be the Ononis Antiquorum, or Rest-harrow ; he 
himself, however, in the second edition of his " Rei 
Herbaria Histo?ia" inclines to a species of Eryn- 
%iwm All this, however, is merely conjectural. 3 

> *AIGOTHE'LAS (alyodfaag), the Goat-sucker, a 
bird of the genus Caprimulgus. It applies more es- 
pecially to the species called Fern-owl in England, 
to which Professor Rennie gives the scientific name 
of Nyctichelidon Europcsus* 

*AIGY'PIOS (alyvirioe). iElian describes it as 
being a bird intermediate between the Eagle and the 
Vulture. 6 Gesner decides that it is the same as the 
yvxaizToq and the Vultur niger of Pliny ; and Schnei- 
der suggests that it probably was the Vultur percnop- 
terus, or Alpine eagle. (Vid. Gyps.) 6 

♦AIGO'LIOS (alyuTuoc), a bird of the rapacious 
tribe, briefly noticed by Aristotle. 7 It is rendered 
Ulula by Gaza, but cannot be satisfactorily deter- 
mined. (Vid. Glaux.) 3 

AIKIA2 AIKH (a'tKcac tiucii), an action brought 
at Athens before the court of the Forty (ol rer-apd- 
xovra), against any individual who had struck a 
citizen of the state. Any citizen who had been thus 
insulted might proceed in two ways against the 
offending party, either by the ainiag di/a?, which was 
a private action, or by the vdpeog ypacbr/, which was 
looked upon in the light of a public prosecution, 
sbice the state was considered to be wronged in an 
i jjury done to any citizen. It appears to have been 
a principle of the Athenian law, to give an individual 
who had been injured more than one mode of ob- 
taining redress. 9 

It was necessary to prove two facts in bringing 
the aUiac Slktj before the Forty. First, That the 
defendant had struck the plaintiff with the intention 
of insulting him (ecb' vdpet), which, however, was 
always presumed to have been the intention, unless 
the defendant could prove that he only struck the 

Elaintiff in joke. Thus Ariston, after proving that 
e had been struck by Conon, tells the judges that 
Conon will attempt to show that he had only struck 
him in play. 10 Secondly, It was necessary to prove 
that the defendant struck the plaintiff first, and did 
not merely return the blows which had been given 
by the plaintiff (dpxeiv x £L P^ v ddUuv, or merely 
diiKuv apxew). 11 

In this action, the sum of money to be paid by 
the defendant as damages was not fixed by the 
faws; but the plaintiff assessed the amount ac- 
cording to the injury which he thought he had re- 



!. (Ar'.Jtot, H. A., ix., 16 — Adams, Append., s. v.) — 2. (Bios- 
tor., iv , 137. — Theophrast., H. P., iv., 16. — Adams, Append., 
9. v.)— 3. (Theocnt., Id., iv., 25.— Theophrast., H. P., ii., 8.— 
Adam?, Append., s. v.)— 4. f^Elian, N. A., iii., 39.)— 5. (N. A., 
D., 46.) — 6. (Adams, Append., s. v.) — 7. (H. A., vi., 6.) — 8. 
(Adarr«k >">end., s. v.) — 9. (Demosth., adv. Androt., c. 8, p. 
601 -V. . (Demosth., adv. Conon, c. 5, p. 1261.)— 11. (Demosth., 
*h F-erp., c. 3, p 1141; c 11. d. 1151.) 

40 



eeived, and the judges determined on the justice oi 
the claim. 1 

AIKLON (uLkXov, cukTiov, or ulkvov, at/cvov'), 2 ia 
said by Polemo 3 to be a Doric word ; its derivatives 
kirdiula and peaaiic/iiai, were used only by the Do- 
rians. Modern writers differ greatly respecting its 
meaning ; but, from an examination of the passages 
in which it occurs, it appears to be used in two sen- 
ses : I. A meal in general. Thus Alcman uses cvvz.- 
tuTuac for avvSetTrvia* II. The chief dish or course 
in a meal. The dessert or after-course was called 
tirdiicXov. 5 The ulkXov among the Spartans was 
composed of the contributions which every one who 
came to the public banquets (Qeidiria) was bound to 
bring, and consisted chiefly of pork and black broth, 
or blood-broth (fielag fapog, alfidria), with the addi- 
tion of cheese and figs ; sometimes, but rarely, they 
received contributions of fish, hares, and poultry. 
The eiraiiclov, or dessert, which varied the plain- 
ness of the meal, consisted of voluntary gifts to the 
table. The richer citizens sent maize bread, fowls, 
hares, lambs, and other dishes, cooked in a superior 
manner, a part of a sacrifice, or the fruits of the 
season, while others contributed the proceeds of the 
chase. It was the custom, when one of these pres- 
ents was helped round, to name the person who 
sent it. 6 Sometimes they procured a good dessert 
by imposing penalties on each other, or by giving 
the place of honour at the table to him who con- 
tributed the best dish. 7 The contributions were 
eaten as they were sent ; or, if their flavour was not 
approved, they were made up afresh into a savoury 
mess called a fiaTrvrj. Boys were allowed an eirdiK- 
Xov consisting of barley meal kneaded with oil, 
and baked in laurel leaves. 8 

AiriNH'TftN EOP'TH (Alyivvrfiv eoprv), a fes- 
tival of the iEginetans in honour of Poseidon, which 
lasted sixteen days, during which time every family 
took its meals quietly and alone, no slave being al- 
lowed to wait, and no stranger invited to partake of 
them. From the circumstance of each family being 
closely confined to itself, those who solemnized this 
festival were called fiovotydyoi. Plutarch 9 traces its 
origin to the Trojan war, and says that, as many of 
the iEginetans had lost their lives, partly in the siege 
of Troy and partly on their return home, those who 
reached their native island were received indeed with 
joy by their kinsmen ; but, in order to avoid hurting 
the feelings of those families who had to lament the 
loss of their friends, they thought it proper neither 
to show their joy nor to offer any sacrifices in pub- 
lic. Every family, therefore, entertained privately 
their friends who had returned, and acted themselves 
as attendants, though not without rejoicings. 

•AITHUFA (aWvla), the Mergus of the Latins, 
the modern Cormorant. As there are several spe- 
cies of this genus, it is difficult to say, in general, to 
which of them the ancient name is most applicable. 
The Pelicanus corbo is a common species. 10 

*AIX (a^). I. (Vid. Tragos.) — II. The name 
of a bird briefly noticed by Aristotle. 11 Belon con- 
jectures that it was the Lapwing, namely, the Vo> 
iiellus Cristatus. 1 " 

♦AILOU'ROS (alXovpos), the Felts Catus, o Wild 
Cat. Some apply the name K&rrng to the Domestic 
Cat. 13 (Vid. Felis.) 

* AIMATI'THS (aiaar'tTnc), the well-known stone 
called Bloodstone. (Vid. Haematites.) 



1. (Demosth., adv. Conon. — Isocrates, adv. Lochit. — Meier, A it 
Process, p. 547.— Bockh, Public Econ. of Athens, vol. ii., p. 101, 
transl.)— 2. (Eustath. in II., xviii., 245.)— 3. (Athenae-as, p. 141), 
c.) — 4. (Athenaeus, p. 140, c. — See also Epicharmus and Alcman 
in Athemeus, p. 139, b, and p. 140, c.)— 5. (Polemo in Athen., 
p. 140, c)— 6. (Polemo in Athen., p. 139, c.)— 7. (Athen., p. 140, 
/.)— 8. (Muller, Dorians, iii., x., 7; iv., iii., 3.— Wachsmuth, 
Hellen. Alterthum., II., ii., p. 24.)— 9. (Quaest. Gnec, 44 )— 
10. (Aristot., H. A., v., 8.— -Elian, N. A., iv., 5.)— 11. (II. A. 
viii., 3.)— 12. (Adams, Append., s. v.)— 13. (Aristot., H. A.., r» 
2.— Suid., s. v. x-ut7V7c et otKoyevt'is.— Toup in Suid., 1 G -Ao 
anas, Append., s. v. aiXovooc.) 






AIORA. 



ALABASTER. 



*AlMOPPOY2(ai/z6ppovc), (-otg, or -og), a spe- 
cies of Serpen,*. The celebrated Paul Hermann 
told Dr. Mead that he had found in Africa a ser- 
pent, the poison of which was immediately follow- 
ed by haemorrhages from all the pores of the body, 
and which he concluded to be the same as the 
Haemorrhus of antiquity. It should also be re- 
marked, that the effects produced by the poison of 
the Coluber urens of India are said to be very simi- 
lar to those of the Haemorrhus as described by the 
ariients. 1 

♦AIR A (alpa), a plant, the same with the Lolium 
tenzidentum, L., or Darnel. It may be confidently 
pronounced to be the "infelix lolium" of Virgil; and 
that it is the ^avia of Scripture was first suggest- 
ed by Isidorus, an opinion which has been espoused, 
without acknowledgment, by Henry Stephens, and 
by Dr. Campbell of Aberdeen, and other Biblical 
commentators. It farther deserves to be mention- 
ed, that the translators of the works of the Arabian 
medical authors render the alpa of the Greeks by 
zizanien? 

AISUMNE'TES (alavuvrjrrjg), an individual who 
was sometimes invested with unlimited power in 
the Greek states. His power, according to Aris- 
totle, partook in some degree of the nature both of 
kingly and tyrannical authority, since he was ap- 
pointed legally, and did not usurp the government, 
but, at the same time, was not bound by any laws 
in his public administration. 3 Hence Theophras- 
tus 4 calls the office rvpavvig alperrj. It was not 
hereditary, nor was it held for life ; but it only con- 
tinued for a certain time, or till some object was 
accomplished. Thus we read that the inhabitants 
of Mytilene appointed Pittacus alavfivf/rvg, in order 
to prevent the return of Alcaeus and the other ex- 
iles. 5 Dionysius compares it with the dictatorship 
at Rome. In some states, such as Cyme and Chal- 
eedon, it uas the title borne by the regular magis- 
trates. * 

AIO'RA, or EO'R A (alupa, eupa), a festival at Ath- 
ens, accompanied by sacrifices and banquets, whence 
ft is sometimes called evdenrvog. The common ac- 
coun* of its origin is as follows: Icarius was killed 
by shepherds to whom he had given wine, and who, 
being unacquainted with the effects of this bever- 
age, fancied, in their intoxication, that he had given 
them poison. Erigone, his daughter, guided by a 
faithful dog, discovered the corpse of her father, 
whom she had sought a long time in vain; and, 
praying to the gods that all Athenian maidens 
might perish in the same manner, hung herself. 
After this occurrence, many Athenian women ac- 
tually hung themselves, apparently without any 
motive whatever; and when the oracle was con- 
sulted respecting it, the answer was, that Icarius 
and Erigone must be propitiated by a festival. 7 
According to the Eti/mologicum Magnum, the festi- 
val was celebrated in honour of Erigone, daughter 
of iEgisthus and Clytemnestra, who came to Ath- 
ens to bring the charge of matricide against Orestes 
before the Areopagus; and, when he was acquitted, 
hung herself, with the same wish as the daughter 
of Icarius, and with the same consequences. Ac- 
cording to Hesychius, the festival was celebrated 
in commemoration of the tyrant Temaleus, but no 
reason is assigned. Eustathius 9 calls the maiden 
who hung herself Acora. But, as the festival is 
also called 'AXyrtg (apparently from the wander- 
ings of Erigone, the daughter of Icarius), the legend 
which was first mentioned seems to be the most en- 
titled to belief. Pollux 9 mentions a song made by 

1. (Nicand., Ther , 282.- Adams, Append., s. v.)— 2. (Theo- 
phrast., H. P., i., 5 — Dioscor., ii., 122.— Matth., xiii., 25.— Ad- 
ams, Append., s. v.)— 3. (Polit., iv., S, (> 2.) — 4. (Apud Dionys. 
ITalic, v., 73.)— 5. (Theophrast. ap. Dionys. Halic, v., 73.)— 6. 
(Wacnsmuth, Hellen. A_ter1.hu m., I., i.. p. 200. — Hermann, Pol. 
Antiq. of Greece, 6 63)— 7. (Hysrin , Poet. Astron., ii., 4.) — 8. 
(in 11., iii , p 3rt9.v— 9 ;iv., 7. $ 55.) 



Theodoras of Colophon, which persons used to sing 
while swinging themselves (ev Talg alupaig). It is 
therefore probable that the Athenian maidens, in 
remembrance of Erigone and the other Athenian 
women who had hung themselves, swung them- 
selves during this festival, at the same time singing 
the above-mentioned song of Theodoras. 1 

ALABAS'TER, the name usually given by art- 
ists and antiquaries to that variety of marble which 
mineralogists call gypsum. Alabaster is sometimes 
described as of two kinds; but this is an error, as 
one of the substances so called is a carbonate of 
lime, and therefore not alabaster in the common 
acceptation of the term ; while the other, the real 
alabaster or gypsum, is a sulphate of lime. Alabas- 
ter (gypsum) is translucent or semi-transparent, and 
is usually of a white — a yellowish white — and green- 
ish colour, though sometimes strong brown tints and 
spots appear in it. When the varieties of colour 
occur in the same stone, and are disposed in bar_^.s 
or horizontal strata, it is often called onyx alabas- 
ter; and when dispersed irregularly, as if in clouds, 
it is in like manner distinguished as agate alabas- 
ter. These varieties in the colour are alluded to 
by' Pliny: " Candore interstincto variis coloribus."* 
Though much softer than other marbles, and on 
that account ill adapted for sculpture on a large 
scale, it is capable of being worked to a very fine 
surface, and of receiving a polish. 

Alabaster has been supposed to derive its name 
originally from Alabastron. a town of Egypt, where 
there was a manufactory of vessels made of a stone 
which was found in the neighbouring mountains. 
Pliny 3 speaks of alabastrites, using that term for the 
various kinds of this marble, as well as onyx, prob- 
ably from the texture being somewhat different from 
that of the Greek, Sicilian, and Italian marb.es, 
which he was more accustomed to see, and which 
were commonly used by sculptors, and from which 
he thus desired to distinguish it. He observes that 
it was chiefly procured in his time from Alabas- 
tron and Damascus.* 

Alabaster, both in its form of carbonate of lime 
and gypsum (for, from the confusion that exists in 
the description of some monuments of antiquity, it 
becomes necessary to advert to both varieties under 
that denomination), was employed very extensively 
by the ancients. It was much used by the Egyp- 
tians for different sorts of vases, rilievi, ornaments, 
covers of sarcophagi, canopies, and sculpture in 
general ; but, from the absence of any remains of 
sculpture in that material, it may be assumed that 
alabaster (gypsum) was little, if ever, used by the 
artists of ancient Greece and Italy for statues, ri- 
lievi, or busts. Vessels or pots used for containing 
perfumes, or, rather, ointments, were often called 
by the ancients alabastra or alabastri. It appears, 
from the account of Pliny, that these pots were 
usually made of the onyx alabaster, which was 
considered to be better " adapted than any other 
stone for the preservation of perfumes. 5 Martial 
says cosmis redolent alabastra, 6 and Horace appears 
to allude to the same vessels in his invitation to 
Virgil. 7 The term seems to have been employed 
to denote vessels appropriated to these uses, even 
when they were not made of the material from 
which it is supposed tbey originally received their 
name. Theocritus thus speaks *of golden alabastra 
(^ptVei' u?M6ao7pa 6 ). These vessels were of a ta- 
pering shape, and very often had a long narrow 
neck, which was sealed ; so that when Mary, the 
sister of Lazarus, is said by St. Mark 9 to break the 
alabaster-box of ointment for the purpose of anoint- 
ing our Saviour, it appears probable that she only 
broke the extremity of the neck, ,vhich was thus 

1. (ViZ. etiam Athen., xiv., p. 618.)— 2. (H. N., rxxvi., 12 
xxxvii., 54.)— 3. (H. N., xxxvi., 12.)— 4 (IT. N, xxxrii.. 54. 
—5. (H. N., xiii., 3 ; xxxvi.. 12.) — 6. (xi.. viii., 9.)— 7. (Cam: 
iv., xii., 7.)— 8. (Idyl.,xv., 114.)— 9. (xiv., 3.) 

41 



ALCE. 



ALEA. 



Closed. The alabastron mentioned by the Evange- 
lists was, according to Eniphanius, a measure, which 
contained 2- ^ecrn/c, or one kotv^tj (16 47 cubic inch- 
es, or .48 pints). 

ALABASTRFTES. {Vid. Alabaster.) 

ALAIA {akala) is the name of the games which 
were annually celebrated at the festival of Minerva, 
snrnamed Alea, near Tegea, in the neighbourhood 
of the magnificent temple of the same goddess. 1 

ALA'RII were the troops of the allies in the Ro- 
man army, and were so called because they were 
amally stationed in the wings {Alee*). The alarii 
consisted both of horse and foot soldiers, and were 
commanded by praefec'i, in the same manner as the 
legions were commanded by tribuni. 3 The cavalry 
of the allies was called equites alarii, to distinguish 
them from the cavalry of the legions {equites legio- 
?iaiii*); and the infantry was called cohortes alarice, 5 
to distinguish them from the cohortes legionarice. 

* ALA LTD A {Kopvdoc, KopvdaAog, and Kopvduv), 
the Lark. Aristotle describes two species of this 
bird, the one of which is evidently the Alauda cris- 
tata, L., or Crested Lark ; the other the Alauda cam- 
pestris, or Field Lark. The former is the Galerita 
of Pliny, and is clearly the species alluded to by 
Aristophanes in his Aves. 6 

ALBUM is defined to be a tablet of any material 
on which the praetor's edicts, and the rules relating 
to actions and interdicts, were written. The tablet 
was put up in a public place, in order that all the 
world might have notice of its contents. Accord- 
ing to some authorities, the album was so called, 
because it was either a white material or a mate- 
rial whitened, and, of course, the writing would be 
a different colour. According to other authorities, 
it was so called because the writing was in white 
letters. If any person wilfully altered or erased 
(corrupit) anything in the album, he was liable to 
an action alhi corrupti, and to a heavy penalty. 7 

Probably the word album originally meant any 
tablet containing anything of a public nature. Thus, 
Cicero informs us "that the Annales Maximi were 
written on the album by the pontifex maximus. 8 
But, however this may be, it was, in course of time, 
used to signify a list of any public body ; thus we 
find the expression album senatorium, used by Taci- 
tus, 9 to express the list of senators, and correspond- 
ing to the word leucoma used by Dion Cassius. 10 
The phrase album decurionum signifies the list of 
decuriones whoie names were entered on the al- 
bum of a municipium, in the order prescribed by 
the lex municipalis, so far as the provisions of the 
lex extended. 11 

ALBUS GALE'RUS, or ALBOGALE'RUS, a 
white cap worn by the flamen dialis at Rome. 12 Ac- 
cording to Festus {s. v.), it was made of the skin 
of a white victim sacrificed to Jupiter, and had an 
olive twig inserted in the top. Its supposed form, 
as derived from coins, and from a bas-relief on a 
Roman temple, is that of a cap fitted closely to the 
head, and tied under the chin. 13 {Vid. Apex.) 

ALCATHOTA (aluadola) is the name of games 
celebrated at Megara, in commemoration of the 
hero Alcathous, son of Pelops, who had killed a 
lion which had destroyed Euippus, son of King 
Megareus. 14 

♦AL'CE or ALCES 15 (in Greek *A.1kv), the name 
of an animal described by Caesar and other ancient 
writers, and the same with the modem Elk or Moose 
Deer. "It was the opinion of Buffon, that the Euro- 



1. (Paus., viii., 47, t) 3.)— 2. (Liv., x., 43; xxxi., 21.— Caes., 
Bell. Gall., i., 51.— Cincius, ap. Gell., xvi., 4.)— 3. (Caes., Bell. 
Gall, i., 39.— Suet., Octav., 38— Plin., Ep.,x., 19.)— 4. (Liv., 
xxxv., 5 ; xl.. 40.)— 5. (Caes., Bell. Civ., i., 73, 83 ; ii., 18.)— 
6. (Aristot., H. A., ix., 19.— Aristoph., Av., 472.)— 7. (Dig. 2, tit. 
1, s. 79.)— 8. (De Orat., ii., 12.)— 9. (Ann., iv., 42.)— 10. (lv., 
3.)— 11. (Dig. 50, tit. 3.)— 12. (Varro, ap. Gell., x., 16.)— 13. 
(Causaei, Mus. Rom. — Sigonius, de Nom. Rom., 5. — Hope, Cos- 
tumes, ii., 266.)— 14. (Pino., Isthm., viii., 148.— Paus., i., 42, t) 
I )_15 (Salmas. ad Solin., 20.) 
42 



pean Elk was not known to the Greeks, nor Ices il 
appear to have been noticed by Aristot./e. That it 
was, however, the "AIktj of Pausanias, the Alee 
of Caesar and Pliny, the Elch of the Celts, and the 
iElg or Elg of the northern Europeans, there can 
be little doubt. Pausanias describes it as being 
"between a stag and a camel;" 1 and though the 
accounts of Caesar 2 and Pliny- are mingled with fa- 
ble, and the former states that his Alces are " mu- 
tiles cornibus*' (which might arise from the accounts 
of those who had seen the animal at the period 
when the horns had exfoliated), the general de- ' 
scription and the localities given by both are al- 
most conclusive as to the animal meant to be des- 
ignated. The " labrum superius pr&grande," "huge 
upper lip," of Pliny is very expressive, and the ex- 
traordinary development of this part might well re- 
call to a casual observer the general traits of the 
head of a camel. Whether it was the 'nnrelaQoc 
{hippelaphus) of Aristotle, is a question which will 
admit of much discussion. (Vid. Hippelaphus.)- 
The movements of the Elk are rather heavy, and, 
the shoulders being higher than the croup, it can 
never gallop, but shuffles or ambles along, its 
joints cracking at every step, with a sound heard tc 
some distance. Increasing its speed, the hind fee' 
straddle to avoid treading on its fore heels, and i\ 
tosses the head and shoulders like a horse about to 
break from a trot to a gallop. It does not leap, but 
steps without effort over a fallen tree, a gate, or a 
split fence. During its progress, it holds the nose 
up, so as to lay the horns horizontally back. This 
attitude prevents its seeing the ground distinctly, 
and, as the weight is carried ver} T high upon the ele- 
vated legs, it is said sometimes to trip by tread- 
ing on its fore heels, or otherwise, and occasionally 
to give itself a heavy fall. It is probably owing to 
this occurrence that the Elk was believed by the 
ancients to have frequent attacks of epilepsy, and 
to be obliged to smell its hoof before it could recov- 
er; hence the Teutonic name of Elend ("misera- 
ble"), and the reputation especially of the fore hoofs 
as a specific against the disease." 

*AL/CEA (dA/c&z or aknaia), most probably the 
Malva alcea, or Vervain Mallow.* 

*ALCE'DO. {Vid. Halcyon.) 

♦ALCIBIAD'IUM (' AlKtSiddiov), a species of 
Anchusa. {Vid. Anchusa.) 

*ALCY'ONE. {Vid. Halcyon.) 

ALEA, gaming, or playing at a game of chance 
of any kind. Hence aleo, aleator, a gamester, a 
gambler. Playing with tali, or tessera, was general- 
ly understood, because this was by far the most com- 
mon game of chance among the Romans. 

Gaming was forbidden by the Roman laws, both 
during the times of the Republic and under the em- 
perors. 6 Hence Horace, alluding to the progress 
of effeminate and licentious manners, says that 
boys of rank, instead of riding and hunting, now 
showed their skill in playing with the hoop, or even 
at games of chance, although they were illegal 
(vetita legibus alea 6 ). Gaming was also condemned 
by public opinion. " In his gregibus," says Cicero, 
" omnes aleatores, omnes aduUeri, omnes impuri im~ 
pudicique versanhtr. ,n To detect and punish ex- 
cesses of this description belonged to the office of 
the aediles. 8 

Games of chance were, however, tolerated in the 
month of December at the Saturnalia, which was 
a period of general relaxation; 9 and among Ihe 
Greeks, as well as the Romans, old men were al- 
lowed to amuse themselves in this manner. 10 

The following line of Publius Syrts shows that 



1. (ix., 21.)— 2. (Bell. Gall., vi., 26.)— 3. (H. N., viii., 15.) - 
4. (Dioscor., iii., 154.)— 5. (Cic, Philip., ii., 23.— Cod. 3, tit. 43.) 
—6. (Carm. iii., 24.)— 7. (in Cat., ii., 10.)— 8. (Martial, xiv., 1.1 
—9. (Martial, iv., 14.— Gellius, xvih., 13.)— 10 (Eurip., Med 
Q7.— Cic, Senect., 16.— Juv., xiv., 4.) 



AL1CA. 



ALIMENTARII PUERi. 



prolfcssed gamesters made a regular study of their 
art : 

'• Akator, quanta in arte est melior, tanto nequior." 
Ovid alludes to those who wrote treatises on the 
« object: 

" Sunt aliis scriptce, quibus alea luditur, artes" 1 

These were the Hoyles of ancient times, among 
whom we find no less a personage than the Emperor 
Claudius himself: " Aleam studiosissime lusit, de cu- 
ius arte librum quoque emisit." 2 The Emperors Au- 
gustus and Domitian were also fond of gaming. 3 

Alea sometimes denotes the implement used in 
playing, as in the phrase jacta alea est, " the die is 
cast," uttered by Julius Caesar immediately before 
he crossed the Rubicon; 4 and it is often used for 
chance, or uncertainty in general. 5 

•ALEKTOR {atenrup), the Cock. (Vid. Gal- 
Lua.) 

ALEKTRUOMANTEFA ( aXenrpvo/rnvTeia ), a 
mode of divination practised by the Greeks. The let- 
ters of the alphabet were written in a circle ; a grain 
of wheat or barley was laid upon each letter ; and a 
cock, consecrated or provided for the occasion, was 
placed within the circle. The required information 
was obtained by putting together those letters off 
which the cock picked the grains of corn. To ob- 
tain a fuller answer, they laid grains of corn upon 
!he letters a second time, and repeated the process. 

AAEKTPYO'NflN Ar£2N, or AAEKTPTONO- 
MAX'IA {akeKTpvovov ayuv, or a/U/crpfovo/za^ta), a 
public cockfight, which was held every year in one 
of the theatres of Athens. Cockfights, in general, 
were exceedingly common among the Greeks and 
Romans ; but the origin of this one in particular, 
which was sanctioned by the laws of the state, is 
not known ; for the account of its origin given by 
iElian 6 is too absurd and improbable to deserve 
credit. He says that, when Themistocles marched 
with his Athenians against the Persians, he saw 
two cocks fighting against each other, and took the 
opportunity of addressing his soldiers, and remind- 
ing them that these cocks were neither fighting for 
their country nor for the gods, but only for victory, 
&c. This speech is said to have greatly animated 
the courage of the Athenians ; and, after the war, 
they commemorated the event which had proved 
so useful to them by the annual festival in the the- 
atre. 

ALEIPTE'RION. {Vid. Alipt^e.) 

♦AL'GA, a general name given by the Latin 
writers to all aquatic plants, which, living in the 
waters, are accustomed to be thrown up on the banks 
of rivers or the shores of the sea. Such, in the case 
of fresh water, are the Confervas, the Potamogetons, 
the NaVades, &c. ; and in that of the salt water, the 
debris of marine plants ; and especially the Fucus? 
The term ^pvov is applied to the sea-algae by Theo- 
phrastus. 8 

AL'ICA (a/Uf, x° v $P°s)i I- A ki n( l °f grain re- 
sembling spelt, which was also called zea? II. A 
broth, soup, or porridge made out of this grain, and 
very highly esteemed by the Romans. Phny states 
that it was a Roman invention, and that, in his opin- 
ion, it was not in use till after the time of Pompey 
the Great.'- 9 The Greeks had a somewhat similar 
preparation, which they called irricavq. Alica was 
procured from the neighbourhood of Verona and 
Pisa, and other parts of Italy, and from Egypt. The 
best came from Campania; that from Egypt was 
very inferior. It was prepared by first bruising the 
grain in a wooden mortar to separate the husks, and 
then pounding it a second and third time to break it 

1 fTrist., ii., 471.)— 2. (Suet., Claud.. 33.)— 3. (Suet., Aug., 
•0, 71.— Dom., 21.) — 4. (Suet., Jul., 32.)— 5. (Hor., Carm. ii., 
i >6. — Varro, de Re Rnst., i., 18. — Colum., i., Prsef. — Cic, Div., 
ii., 15.)— 6. (V. H., ii., 28.1—7. (F6e, Flore de Virile, p. xii.) 
—8. (H.P.,iv.,6.)— 9. (Plin., H.N., xviii., 7, 10.)— 10. (Plin.,H. 
H., xxii., 25, 61.) 



into smaller pieces. The different qualities of alica 
made by each of these processes were called re- 
spectively grandissima or apharcma (a<f>aipeua), se- 
cundaria, and minima. In order to make the alica 
white and tender, it was mixed with chalk from the 
hills between Naples and Puteoli. 1 It was used as 
a medicine, for which purpose it was eitier soaked 
in water mixed with honey (mead, aqua mulsa). or 
boiled down into a broth, or into porridge. Pliny 
gives a full account of the mode of preparing ant3 
administering it, and of the diseases in which it was 
employed. 2 

A spurious kind of alica was made from the infe- 
rior spelt (zea) of Africa, the ears of which were 
broader and blacker, and the straw shorter, than in 
the Italian plant. Pliny mentions also another spu- 
rious kind of alica, which was made from wheat.* 
Another sort of alica was made from the juice of 
the plantain.* 

AL'IMA, or AA'IMOS TP04>H (aliua, or aliuoi 
Tpofyrf), (from a, negative, and "kipbc, " hunger"), a 
refreshment used by Epimenides, Pythagoras, and 
other philosophers. Plato states, in his Dialogue on 
Laws, that the aktua of Epimenides was composed 
of mallows and asphodel. Suidas explains it as a 
plant which grew near the sea (probably the sea- 
leek), which was the chief ingredient in the <pdpua- 
kov 'Ewifievcdcov, and was thought to promote long 
life. Hesychius interprets o<p66e7ioc by uAiuog. 
Pliny states that some said that alimon was called 
asphodelos by Hesiod, which he thinks an error ; 
but that the name alimon was applied by some to a 
dense white shrub, without thorns, the leaves of 
which resembled those of the olive, but were softer, 
and were used for food ; and by others to a potherb 
which grew by the sea, "whence," says Pliny, "its 
name," confounding uXiuoc, from a and fafwe, with 
akiuoe from akq. b The name appears generally to 
signify a medicinal preparation of equal weights of 
several herbs, pounded and made into a paste with 
honey. A similar preparation for quenching thirst 
(iidnpoc rpo<pr'i) was used by Pythagoras. 

ALIMENTA'RII PUERI ET PUELL^E. In 
the Roman republic, the poorer citizens were assist- 
ed by public distributions of corn, oil, and money, 
which were called congiaria. These distributions 
were not made at stated periods, nor to any but 
grown-up inhabitants of Rome. The Emperor Ner- 
va was the first who extended them to children, and 
Trajan appointed them to be made every month, 
both to orphans and to the children of poor parents. 
These children were called^men elpuellce alimentarii, 
and also (from the emperor) pueri puellaque Ulpiani ; 
and the officers who administered the institution 
were called qucestores pecunice alimentarice, qucestores 
alimentorum, procuratores alimentorum, or prcefech 
alimentorum. 

The fragments of an interesting record of an in 
stitution of this kind by Trajan have been found ai 
Velleia, near Placentia, from which we learn the 
sums which were thus distributed. The money 
was raised in this case by lending out a sum on 
interest at five per cent., from the treasury of the 
town, on the security of lands and houses, A simi- 
lar institution was founded by the younger Pliny at 
Comum. 6 Trajan's benevolent plans were carrier? 
on upon a larger scale by Hadrian and the AnU>- 
nines. Under Commouus and Pertinax the distri- 
bution ceased. In the reign of Alexander Severus r 
we again meet with alimentarii pueri and puellae, 
who were called Mammceani, in honour of the em- 
peror's mother. We learn, from a decree of Ha- 
drian, 7 that boys enjoyed the benefits of this insti- 
tution up to their eighteenth, and girls up to their 

1. (Pli*., H. N., xviii., 11, 29.)— 2. (H. N, xxii, 24, 51; 
25, 61, 66 ; xxvi., 7, 18 ; xxviii., 17, 67.)— 3. (H. N., xviii., 11, 
29.)— 4. (Plin., H. N., xxvi., 8, 28.)— 5 (Plin., H. N., xxii., 22. 
33.)— 6. (Plin., Epist., vii., 18; i., 8; and the inscription ia 
Orelli, 1172.)— 7. (Ulp., in Dig. 34, tit. 1, s. 14.) 

43 



ALLIUM. 



ALOE. 



■ourteenth. year; and, from an inscription, 1 that a 
boy four years and seven months old received nine 
times the ordinary monthly distribution of corn. 2 

ALIP'T^E (dhei-n-Tai), among the Greeks, were 
persons who anointed the bodies of the athletae 
preparatory to their entering the palsBStra. The 
chief object of this anointing was to close the pores 
of the body, in order to prevent much perspiration, 
and the weakness consequent thereon. To effect 
this ebj 3ct, the oil was not simply spread over the 
surface of the body, but also well rubbed into the 
skin. 3 The oil was mixed with fine African sand, 
several jars full of which were found in the baths 
of Titus, and one of these is now in the British 
Museum. This preparatory anointing was called rj 
napaoicEvacTiKT] rphpig. The athleta was again 
anointed after the contest, in order to restore the 
tone of the strained muscles : this anointing was 
called i] aiiodepaiTELd. He then bathed, and had 
the dust, sweat, and oil scraped off his body, by 
means of an instrument similar to the strigil of the 
Romans, and called crleyyig, and afterward gvarpa. 
The aliptae took advantage of the knowledge they 
necessarily acquired of the state of the muscles of 
the athletae, and their general strength or weakness 
of body, to advise them as to their exercises and 
mode of life. They were thus a kind of medical 
trainers, larpaTietirTat.* Sometimes they even su- 
perintended their exercises, as in the case of Mile- 
sias. 5 

Among the Romans, the aliptas were slaves, who 
scrubbed and anointed their masters in the baths. 
They, too, like the Greek akuTtrai, appear to have 
attended to their masters' constitution and mode of 
life. 6 They were also called unctores. They used 
in. their operations a kind of scraper called strigil, 
towels {tinted), a cruise of oil (guttus), which was 
usually of horn, a bottle {vid. Ampulla), and a 
small vessel called lenticula. {Vid. Baths.) 

The apartment in the Greek palaestra where the 
anointing was performed was called uaelttt^plov ; 
that in the Roman baths was called unctuarium. 

♦ALIS'MA, an aquatic herb, supposed to be the 
same with the Water Plantain. Pliny speaks of it 
as an antidote against certain venomous creatures, 
and also against the bite of a rabid dog. For this 
he is not so much to be blamed, since even some 
modern practitioners have recommended it as anti- 
hydrophobic. Sprengel makes the Alisma of which 
Pliny speaks the A. Parnassifolium ; this species, 
however, has never been found in Greece. Sibthorp 
is more correct in designating it the A. plantago? 

♦ALLIUM (Gicopodov), Garlic. There seems 
no reason to doubt that the cuopodov of Theophras- 
tus and Dioscorides is the Allium sativum, manured 
Garlic, although Stackhouse prefers the A. scoro- 
doprasum. R. Stephens suggests that the wild Gar- 
lic should be called atypocKopodov, and not btpiooico- 
podov. Pliny informs us that garlic was much used 
among the Italian rustics as a medicine. 8 Galen 
also speaks of it as such. 9 Among the Athenians 
it was a great favourite as an article of food, and 
seems to have been sold at the same shops with 
bread and wine. 10 Fighting-cocks were also fed 
upon it, to make them more pugnacious. 11 Great 
prophylactic virtues were formerly ascribed to this 
plant, and, among other active properties, that, in 
particular, of neutralizing the venom of serpents. 12 

1. (Pabretti, 235, 619.)— 2. (Aurel. Vict., Epit. xii., 4.— Capi- 
mlrras, Ant. Pi., 8.— Id., M. Aur., 26.— Id., Pert., 9.— Spart., 
Had., 7. — Lamprid., Sev. Alex., 57. — F. A. Wolf, " Von einer 
iiilden Stiftung Trajans.") — 3. (Plutarch, de Tuenda Sanitate, 
c. 15, p. 302, Tauch.)— 4. (Celsus, i., 1.— Plin., H. N., xxix., 1, 
2.) — 5. (Pindar, Olyinp. viii., 54-71, and Bockh's note.) — 6. 
"Cicero, Ep. Farn., i., 9, 35. — Seneca, Ep. 56. — Juvenal, Sat. 
^ii., 76 ; vi., 422 )— 7. (Plin., H. N., xxv., 10.— Fee, in Plin., 1. c. 
— Spreng-el, H R. H., i., 171. — Adams, Append., s. v. 8ayiaou>- 
vtov )—8. (H N., xix., 6.)— 9. (Meth. Med., xii., 18.) — 10. 
Mitchell, in Aristoph., Acharn., 150 (174).) — 11. (Aristoph., 
Eu., 493.) —12. (JSmil. Maeer, as cited bv Fee.) 

44 



So diversified, indted v were its characteristic-!, thai 
it need excite no surprise to find it adored on the 
one hand, along with the other species of allium, by 
the people of Egypt, and banished on the other from 
the tables of the delicate at Rome. Horace assigns 
it as fit food only for reapers j 1 it was, however, a 
great favourite also with the Roman soldier s and sail- 
ors. 2 The inhabitants of the southern count] ies of 
Europe, who often experience the need of exciting 
the digestive powers of the stomach, hold garlic in 
much higher estimation, on this account, than those 
of more northern regions. Theophrastus makes the 
Allium cyprium the largest in size of the several 
species of this plant. 3 

ALLU'VIO. " That," says Gaius,* " appears to 
be added to our land by alluvio, which a river adds 
to our land (ager) so gradually that we cannot esti- 
mate how much is added in each moment of time ; 
or, as it is commonly expressed, it is that which is 
added so gradually as to escape observation. But 
if a river (at once) takes away a part of your land, 
and brings it to mine, this part still remains your 
property." There is the same definition by Gaius 
in his Res Cotidiance* with this addition: "If the 
part thus suddenly taken away should adhere for a 
considerable time to my land, and the trees on such 
part should drive their roots into my land, from 
that time such part appears to belong to my land." 
The acquisitio per alluvionem was considered by the 
Roman jurists to be by the jus gentium, in the 
Roman sense of that term. 

According to a constitution of the Emperor 
Antoninus Pius, there was no jus alluvionis in the 
case of agri limitati. 6 Circumluvio differs from 
alluvio in this, that the whole of the land in ques- 
tion is surrounded by water, and subject to its 
action. Cicero 7 enumerates the jura alluvionum 
and circumluvionum as matters included under the 
head of causa centumviraks. 

The doctrine of alluvio, as stated by Bracton in 
the chapter De acquirendo Rerum Daminio, 6 is taken 
from the Digest, 9 and is in several passages a copy 
of the words of Gaius, as cited in the Digest. 

*AL'NUS (tclf/dpa 10 ), the Alder. The wood of 
this tree, which is lighter than that of many others, 
was first employed, according to the poets, for the 
purposes of navigation. 11 It was also much u^ed 
among the Romans for water-pipes, 12 and is still 
ranked, among the best materials, next to metal, for 
these, and for under-ground purposes generally. The 
alder is an inhabitant of swamps and meadows in 
all Europe, the north of Africa and Asia, and North 
America. Virgil is not consistent with himself as 
regards the name of this tree. In his sixth Eclogue 18 
he makes the sisters of Phaethon to have been 
changed into alders ; but in the iEneid 14 he gives 
the poplar, as Ovid does. 15 The species of alder 
most common in Greece is the Alnus oblongata, 
"Wild. 

*AL'OE, the Aloe, or Aloes-tree. Neither Hip- 
pocrates nor Theophrastus notices this plant, but 
Dioscorides, on the other hand, describes two kinds 
of it. 16 He says it is mostly brought from India, 
but that the plant grows in Arabia and the maritime 
parts of Asia. The story related by some writers, 
that Aristotle recommended the aloe to Alexandei 
as one of the most valuable products of Socotora, 
appears unworthy of belief, and yet it probably was 
the Socotorine aloe with which the ancients were 
most familiar. Fee thinks that the African aloe 
was unknown to the Greeks and Romans, but that 



1. (Epod. iii., 4.) — 2. (Plaut., Poen., v., 5, 54. — Arintoph., 
Acham., 1. c.) — 3. (Theophrast., II. P., vii., 4. — Dioscor., ii., 
181.)— 4. (ii., 70, seqq.)— 5. (Dig. 40, tit. 1, s. 7.)— 6. (Dig. 40, 
tit. 1, s. 16.)— 7. (De Orat.,i.,38.)— 8. (fol. 9.)— 9. (41, tit. 1, s. 
7.) — 10. (Theophrast., H. P., i., 4 ; iii., 3. — Horn., Odyss., v., 
64.)— 11. (Fee, Flore de Virgile, p. xiv.)— 12. (Plin., H N., 
xvi., 42.)— 13. (v. 63.)— 14. (x., 190.)— 15. (Met , ii., 310, scqq.) 
—16. (iii., 22.) 



ALYSSON. 



AMARUNTHIA. 



ct species quite rare at the present day ("aloes luci- 
de, ou en larmes") was one of the kinds employed 
oy them. 1 Aloes, though still much used in medi- 
cine, are prescribed in very few of the cases men- 
tioned by Pliny. 2 According to Ainslie, however, 
the inhabitants of India still use them with great 
success in affeztions of the eyes. Olaiis Celsius 3 
derives the word aloe from the Arabic alloeh. Pliny 
mentions a mineral substance called aloe, which is 
the same with the bitumen of Judaea, and which 
was employed in Egypt in embalming bodies. 4 

ALO'A (&?mq. or <l%ua), an Attic festival, but cele- 
brated principally at Eleusis, in honour of Demeter 
and Dionysus, the inventors of the plough and pro- 
tectors of the fruits of the earth. It took place 
every year after the harvest was over, and only 
fruits were offered on this occasion, partly as a 
grateful acknowledgment for the benefits the hus- 
bandman had received, and partly that the next 
harvest might be plentiful. We learn from Demos- 
thenes 5 that it was unlawful to offer any bloody 
sacrifice on the day of this festival, and that the 
priests alone had the privilege to offer the fruits. 
The festival was also called tialvaia, 6 or GvyKOfiiG- 
rypca. 

AAOriOT rPA$H {(iTioyiov ypc<j>y), an action 
which might be brought before the logistae {Tio-yia- 
rai), at Athens, against all ambassadors who neg- 
lected to pass their accounts when their term of 
office expired. 7 

♦ALOPE'CIAS; a species offish, called by Pliny 
the Sea-fox (Vulpes marina*), and the same, proba- 
bly, with the Fox-shark of modern naturalists. 9 The 
name comes from the Greek dAw^f, " a fox." 

*ALO'PECIS (ahoireKig,) a species of vine pro- 
ducing clusters of grapes resembling the tail of a 
fox. It is now extinct. 10 

*ALOPECU'RUS (alu-n-enovpog), a plant, which 

Sprengel suggests may be the Saccharum cylindri- 

wre, and Stackhouse the Phleum crinitum, Fl. 

vrcec., or Hairy Cat's-tail grass. Its spike is de- 

cribed by Theophrastus as being " soft, downy, 

Sick, and like the tails of foxes." 11 This agrees 

well with the spike of the Alopecurus, L., or Foxtail 

^*ass. ia The name comes from uaqtztj^, "a fox," 

£>.d ovpa, " a tail." 

*ALO'PEX. (FR Vulpes.) 

*AL'SINE (a/,GLV7}), an herb, which Sprengel, in 
his History of Botany, recognises as the Stellaria 
nemrrum, or Wood Stitchwort ; but, in his notes to 
Dioocorides, he expresses himself doubtfully con- 
cerning it. Schneider is undecided whether the 
akoiv^i of Theophrastus be the same as that of Di- 
oscorides. 13 

ALTA'RE. (Vid. Ara.) 

♦ALTER'CUM, the Arabian (1) name, according 
to Pliny, of the Hyoscyamus. 14 

♦ALUM, a plant. ( Vid. Symphyton.) 

♦ALU'MEN. (Vid. Stypteria.) 

*ALY'PON (dXvnov), an herb, supposed to be the 
same with that which produced Turbit. Sprengel 
and Sibthorp mark it as the Globularia alypum. 15 

*AL¥SS'ON (uAvaaov), a plant. The dlvaaov of 
Galen and Paulus iEgineta is the Manabium alys- 
sum, vulgarly called Galen's Madwort. That of 
Dioscorides is a very different plant, and cannot be 
very satisfactorily determined. Sprengel hesitates 
whether to refer it, with Dodonasus, to the Farsetia 
clypeata, or, with Columna, to the Veronica arvensis, 
or montana, L., our Speedwell. 16 

1. (in Plin., H. N., xxvii., 4, p. 294.)— 2. (H. N., xxvii., 4.) 
—3. (i. , 136.) — 4. (Fee, in Plin., 1. c.)— 5. (c. Neeer., p. 1385.) 
6. (Hesych., s. v.) — 7. (Suid. — Hesych. — Meier, Att. Process, 
p. 363.)— 8. (Plin., H. N., ix., 43.)— 9. (Adams, Append., s. v.) 
—10. (Fee, in Plin., H. N., xiv., 3.)— 11. (Theophrast., H. P., 
vit., 10. )— 12. (Adams, Append., s. v.)— 13. (Theophrast., H. P., 
ix., 13.— Dioscor., iv., 87.)— 14. (Plin., H. N., xxv., 4.— Com- 
pare, however, Scribon., Larg. compos., 181.) — 15. (Adams, Ap- 
wnid.. i. t.) — 16. (Dioscor.. iii., 95. — Adams, Append., s. v.) 



ALUTA. (Vid. Calceus.) 

ALU'TAI (uTivrai), persons whose business it 
was to keep order in the public games. They re- 
ceived their orders from an a2.vTu.pxyg, who was 
himself under the direction of the agonothetae, oi 
hellanodicae. Tl ey are only found at Olympia; in 
other places, the same office was discharged bv the 
fj.aarijo(j)6pot. 

♦ALPHESTES (dlfrjcrriq), a species of fish, the 
same with the Cynedus of Pliny. It is the LabrvA 
cynedus, L., in French Canude. According to Ron- 
dolet, it is about a foot long, and its flesh is easy of 
digestion. In the Diet, of Nat. Hist., the Alphest is 
described as being a small fish, having a purcle 
back and belly, with yellow sides. 1 

AMANUENSIS, or AD MANUM SERVUS, 
a slave or freedman, whose office it was to write 
letters and other things under his master's direction. 
The amanuensis must not be confounded with an- 
other sort of slaves, also called ad manum servi, who 
were always kept ready to be employed in any busi- 
ness. 2 

*AMARACUS (audpaKoc), a plant. Dioscorides 
and the scholiast on Nicander 3 state that the Amara- 
cus is the same as the Sampsuchus (od/npvxov) ; 
and yet Galen and Paulus iEgineta treat of them 
separately. Matthiolus seems to think it highly 
probable that it is the common Marjoram, but the 
late commentators are much at variance about it. 
Thus Sprengel, in the first edition of his R. H. H. f 
marks it as the Origanum marjoranoides, but in the 
second, according to Schneider, he is disposed to re- 
fer the afiapanoc x^upbe of Theophrastus to the 
Hyacinthus Comosus. Stackhouse prefers the Orv~ 
ganum Mgyptiacum, and Dierbach the Teucrium 
Marum, or Mastich. Upon reference to the Com- 
mentary of Matthiolus on the \idpov of Dioscoriden, 4 
it will be seen that this last opinion had been for- 
merly entertained, and it would appear to be a very 
plausible one. 8 

♦AMARANTH'US (d/idpavroc), the Amaranth, 
or Never-fading, as its name indicates, from d, priv., 
and fxapaivco, " to wither." According to Pliny, 6 the 
amaranth appears in the month of August, and 
lasts until autumn. That of Alexandrea was the 
most esteemed. What the same writer, however, 
states, that the flowers of the amaranth bloom anew 
on being plunged into water, is not very exact. As 
the flowers are of a very dry kind, they have not 
much humidity to lose, and therefore may be pre- 
served merely for a long time. The description 
which Pliny gives of his Amaranthus, which is also 
that of Theophrastus, points at once to the Celosia 
cristata, a plant originally from Asia, but cultivate ■ 
in Italy a long time before Pliny's day. Bauhin b* • 
lieves that this plant is to be found in Theophrastuv 
under the name of (plot;, which Theodore Gaza 
translates by flamma. The dfxdpavroc of Dioscorides 8 
is another plant, probably the Gnaphalium Stazchas 
of Linnaeus. The ancients, far less advanced than 
the moderns in the art of manufacturing stuffs, were 
unable, as Pliny informs us, to imitate the softness 
of the amaranth. The moderns, however, have 
succeeded in this, and have even surpassed, in the 
fabrication of their velvet, the beautiful downy sur- 
face of this flower. The common name of the 
plant, therefore, passe-velours, given to it when the art 
of fabricating stuffs was yet in its infancy, suits no 
longer, and the Italian appellation, fior di velluto 
(" velvet-flower"), is much more applicable. 9 
\ AMARUN'THIA or AMARU'SIA (dpapvvdia or 
dfiapvoia), a festival of Artemis Amarynthia, or Am- 
arysia, celebrated, as it seems, originally at Ama- 

I. (Adams, Append., s. v.) — 2. (Suet., Jul., 74; Octav., V 
Ner., 44; Tit., 3; Vesp., 3.— Cic, De Orat., iii., 60, 225.— Pi^- 
nori, De Servis, 109.)— 3. (Ther., 503.)^. (iii., 42.)— 5. (Ad* 
ams, Append., s. v.)— -6. (H. N., xxi., 8.) — 7. (vj., 6.) — 8. (iv., 
57.)— 9. (Fee, in Plin., 1. c.) 

45 



AMBITUS 



AMBITUS. 



iynthus, in Eubcea, with extraordinary splendour; 
but it was also solemnized in several places in Atti- 
ca, such as Athmone ; x and the Athenians held a fes- 
tival, as Pausanias says, in honour of the same god- 
dess, in no way less brilliant than that in Euboea. 2 
The festival in Eubcea was distinguished for its 
splendid processions; and Strabo himself 3 seems to 
have seen, in the temple of Artemis Amarynthia, a 
column on which was recorded the splendour with 
which the Eretrians at one time celebrated this fes- 
tival. The inscription stated that the procession 
was formed of three thousand heavy-armed men, 
six hundred horsemen, and sixty chariots.* 

AMBARVA'LIA. (Vid. Arvales Fratres.) 

*AMBER. (Vid. Electrum.) 

AMBILUS'TRIUM. ( Vid. Lustrum.) 

AM'BITUS, which literally signifies "a going 
about," cannot, perhaps, be more nearly expressed 
than by our word canvassing. After the plebs had 
formed a distinct class at Rome, and when the 
whole body of the citizens had become very greatly 
increased, we frequently read, in the Roman writers, 
of the great efforts which it was necessary for can- 
didates to make in order to secure the votes of the 
citizens. At Rome, as in every Community into 
which the element of popular election enters, solici- 
tation of votes, and open or secret influence and 
bribery, were among the means by which a candi- 
date secured his election to the offices of state. 

Whatever may be the authority of the piece en- 
titled " &. Ciceronis de Petitione Consulatus ad M. 
Tullium Fratrem," it seems to present a pretty fair 
picture of those arts and means by which a candi- 
date might lawfully endeavour to secure the votes 
of the electors, and also some intimation of those 
means which were not lawful, and which it was the 
object of various enactments to repress. As the 
terms which relate to the canvassing for public 
places often occur in the Roman writers, it may be 
convenient to mention the principal among them 
here, 

A candidate was called petitor, and his opponent, 
With reference to him, competitor. A candidate 
(candidatus) was so called from his appearing in the 
public places, such as the fora and Campus Mar- 
tius, before his fellow-citizens, in a whitened toga. 
On such occasions, the candidate was attended by 
his friends (deductores), or followed by the poorer 
citizens (sectatores), who could in no other manner 
show their good-will or give their assistance. 5 The 
word assiduitas expressed both the continual pres- 
ence of the candidate at Rome, and his continual 
solicitations. The candidate, in going his rounds 
or taking his walk, was accompanied by a nomen- 
clator, who gave him the names of such persons as 
he might meet ; the candidate was thus enabled to 
address them by their name, an indirect compliment 
which could not fail to be generally gratifying to the 
electors. The candidate accompanied his address 
with a shake of the hand (prensatio). The term 
benignitas comprehended generally any kind of treat- 
ing, as shows, feasts, &c. Candidates sometimes 
left Rome, and visited the coloniae and municipia, 
in which the citizens had the suffrage ; thus Cicero 
proposed to visit the Cisalpine towns when he was 
a candidate for the consulship. 6 

That ambitus, which was the object of several 
pena. enactments, taken as a generic term, compre- 
hended the two species, ambitus and largitiones (bri- 
bery). Liberalitas and benignitas are opposed by 
Cicero, as things allowable, to ambitus and largitio, 
as things illegal. 7 Money was paid for votes; and 
in order to ensure secrecy and secure the elector, 
persons called interpretes were employed to make 
the bargain, sequestres to hold the money till it was 

5. (Paus., i., 31, s. 3.) — 2. (Hesych., s. v. 'Apapvma-) — 3. 
(x., 1, p 324, ed. Tauchn.) — 4. (Compare Schol. in Pind., 01. 
xiii., sub fin.) — 5. (Cic, pro Mursen., c 34 ) — 6. (Cic, ad Att., 
l , 1.) — 7 (Cic, De Orat., ii., 25. — Compare pro Mursen., o. 36.) 

46 



to be paid, 1 and divtsores to distribute it.* The 
offence of ambitus was a matter which belonged to 
the judicia publica, and the enactments against it 
were numerous. One of the earliest, though not the 
earliest of all, the Lex ^Emilia Baebia (B.C. 182), 
was specially directed against largitiones. The Lex 
Cornelia Fulvia (B.C. 159) punished the offence 
with exile. The Lex Acilia Calpurnia (B.C. 67) 
imposed a fine on the offending party, with exclusion 
from the senate and all public offices. The Lex 
Tullia (B.C. 63), passed in the consulship of Cicero, 
in addition to the penalty of the Acilian law, inflicted 
ten years' exilium on the offender; and, among 
other things, forbade a person to exhibit gladiatorial 
shows (gladiatores dare) within any two years in 
which he was a candidate, unless he was required 
to do so, on a fixed day, by a testator's will. 3 Two 
years afterward, the Lex Aufidia was passed, by 
which, among other things, it was provided that, if 
a candidate promised (pronuntiavit) money to a 
tribe, and did not pay it, he should be unpunished ; 
if he did pay the money, he should farther pay to 
each tribe (annually ?) 3000 sesterces as long as he 
lived. This enactment occasioned the witticism of 
Cicero, who said that Clodius observed this law by 
anticipation, for he promised, but did not pay.* The 
Lex Licinia (B.C. 58) was specially directed against 
the offence of sodalitium, or the wholesale bribery 
of a tribe by gifts and treating; 5 and another lex, 
passed (B.C. 52) when Pompey was sole consul, 
had for its object the establishment of a speedier 
course of proceeding on trials for ambitus. All 
these enactments failed in completely accomplish- 
ing their object. That which no law could suppress, 
so long as the old popular forms retained any of 
their pristine vigour, was accomplished by the impe- 
rial usurpation. Julius Caesar, when dictator, nom- 
inated half the candidates for public offices, except 
the candidates for the consulship, and notified his 
pleasure to the tribes by a civil circular; the popu- 
lus chose the other half. 6 The Lex Julia de Ambitu 
was passed in the time of Augustus ; but the offence 
of ambitus, in its proper sense, soon disappeared, 
in consequence of all elections being transferred 
from the comitia to the senate, which Tacitus, in 
speaking of Tiberius, briefly expresses thus : " The 
comitia were transferred from the campus to the 
patres." 

While the choice of candidates was thus partly 
in the hands of the senate, bribery and corruption 
still influenced the elections, though the name of 
ambitus was, strictly speaking, no longer applicable. 
But in a short time, the appointment to public offices 
was entirely in the power of the emperors ; and the 
magistrates of Rome, as well as the populus, were 
merely the shadow of that which had once a sub- 
stantial form. A Roman jurist of the imperial 
period (Modestinus), in speaking of the Julia Lex 
de Ambitu, observes, " This law is now obsolete in 
the city, because the creation of magistrates is the 
business of the princeps, and does not depend on the 
pleasure of the populus ; but if any one in a muni- 
cipium should offend against this law in canvassing 
for a sacerdotium or magistratus, he is punished, 
according to a senatus consultum, with infamy, and 
subjected to a penalty of 100 aurei." 7 

The trials for ambitus were numerous in the time 
of the Republic. The oration of Cicero in defence 
of L. Murena, who was charged with ambitus, and 
that in defence of Cn. Plancius, who was charged 
with that offence specially called sodalitium, are both 

■ AMBAfl'SEflS rPA$H (afdJiuaeac ypaQr/), an 
action brought in the Athenian courts against an in- 
dividual who had procured the abortion of a maJe 

1. (Cic, pro Cluent., 26.)— 2. (Cic, ad Att., i., 16.)— 3. (Cic, 
in Vatin., 15.)— 4. (Cic, ad Att., i., 16.) — 5. (Cic, pro Cn 
Plane, 15.)— 6. (Suet., Jul., 41 )— 7. (Die. 48, tit 14 )— 8. (Si 
gonius, De Antiquo Jure Pop. Rom., p. 545.) 



AMENTUM. 



AMETHVSTUS 



mild by means of a potion (a/i6Xco8pc6tov). The loss 
>f a speech of Lysias on this subject has deprived 
as of tke opinions of the Athenians on this crime. 
It does not appear, however, to have been looked 
upon as a capital offence. 1 

Among the Romans, this crime {partus abactio, or 
abortus procuratio) seems to have been originally un- 
noticed by the laws. Cicero relates that, when he 
was in Asia, a woman who had procured the abor- 
tion of her offspring was punished with death; 2 
but this does not appear to have been in accordance 
with the Roman law. Under the emperors, a wom- 
an who had procured the abortion of her own 
child was punished with exile ; 3 and those who gave 
the potion which caused the abortion were con- 
demned to the mines if of low rank, or were ban- 
ished to an island, with the loss of part of their 
property, if they were in respectable circumstances. 4 

AMBRO'SIA (afzOpoaia), festivals observed in 
Greece in honour of Dionysus, which seem to have 
derived their name from the luxuries of the table, 
or from the indulgence of drinking. According to 
Tzetzes on Hesiod, 5 these festivals were solemnized 
in the month of Lenseon, during the vintage. 

AMBRO'SIA (a[i6p6oia). I. The food of the gods, 
which conferred upon them eternal youth and im- 
mortality, and was brought to Jupiter by pigeons. 6 
It was also used by the gods for anointing their body 
and hair; 7 whence we read of the ambrosial locks 
of Jupiter (au6p6<jiai x a ^ TaL ) % H- A plant, the same 
with the Ambrosia maritima. 9 

AMBUR'BIUM or AMBURBIA'LE, a sacri- 
fice which was performed at Rome for the purifica- 
tion of the city, in the same manner as the ambar- 
valia was intended for the purification of the coun- 
try. The victims were carried through the whole 
town, and the sacrifice was usually performed when 
any danger was apprehended in consequence of the 
appearance of prodigies, or other circumstances. 10 
Scaliger supposes that the amburbium and ambar- 
valia were the same, but their difference is expressly 
asserted by Servius 11 and Vopiscus (amburbium cele- 
bratum, ambarvalia promissa)} 2 

AME'AIOT AIKH (a/ueXiov 6lk7]), an action men- 
tioned by Hesychius, which appears to have been 
brought by a landlord against his tenant, for the 
same reason as the ayeupyiov di/cr/ : at least we have 
no information of the difference between them, 
though it is probable that some existed. {Vid. 

ArEGPnor aikh.) 

AMEN'TUM, a leathern thong, either applied 
for fastening the sandal to the foot, or tied to the 
middle of the spear, to assist in throwing it. 

The thong of the sandal is more frequently called 
corrigia, ligula, or lorum; so that amentum is com- 
monly employed in the latter of the two significa- 
tions above expressed : e. g., 

" Intendunt acres arcus, amentaque torquent." 13 

" Amentum digitis tende prioribus, 
Et totis jaculum dirige viribus" 1 * 

We are not informed how the amentum added to 
the effect of throwing the lance ; perhaps it was by 
giving it rotation, and hence a greater degree of 
steadiness and directness in its flight, as in the case 
of a ball shot from a rifle-gun. This supposition 
both suits the expressions relative to the insertion 
of the fingers, and accounts for the frequent use of 
the verb torquere, to whirl or twist, in connexion 
with this subject. Compare the above-cited passage 
of Virgil with such as the following: Amentatas 
hastas torquebit." 1 * 



1. (Meier, Att. Process, p. 310.)— 2. (Pro Cluent., c. 11.)— 
3. (Dig. 47, tit. 11, s. 4 ; 48, tit. 8, s. 8 ; tit. 19, s. 39.)— 4. (Dig. 
48, tit. 19, s. 38, I) 5.)— 5. (Op. ct D., v., 504.)— 6. (Od., v., 93 ; 
xii., 63.)— 7. (II., xiv., 170.)— 8. (II., i., 529.)— 9. (Dioscor., 
iii., 118.)— 10. (Obseq., De Prodig., c. 43.— Apul., Metamorph., 
iii., ab init., p. 49, Bipont— Lucan, i., 593.)— 11. (In Virsr., 
Eclo ? . iii., 77.)— 12. (.Aurel., c. 20.)— 13. (Tvrg., JEn., ix., 665.) 
—14. (Seneo , Hippo] , i ; .) — 15. (Cic, De Orat., i., 57.) 



" Inserit amento digitos, nee plura tocuVm 
I/ijuvenem torsit jaculum." 1 

In the annexed figure, taken from Sir W. Hamil' 
ton's Etruscan Vases, 2 the amentum seems to be 
attached to the spear at the centre of gravity, a 
little above the middle. 




*AMETHYSTUS (apidvoTov or -oc), the Ame- 
thyst, a precious stone of a purple or violet coloui 
in different degrees of deepness. In modem min- 
eralogy, the name has been applied to two precious 
stones of essentially different natures: 1. the Ori- 
ental amethyst, which is a rare variety of adaman- 
tine spar or corundum; and, 2. the Occidental or 
common amethyst. 3 The ancients, on the other 
hand, reckoned five species, differing in degrees of 
colour. Their Indian amethyst, to which Pliny 
assigns the first rank among purple or violet-col- 
oured gems, appears to have been our Oriental spe- 
cies, which is nothing more than a violet-coloured 
sapphire. " Those amethysts, again, which Pliny 
describes as easily engraved (scalpturis faciles), may 
have been the violet-coloured fluor spar, now called 
false amethyst ; and the variety of quartz which is 
now commonly styled amethyst, is well described 
by the Roman writer as that fifth kind, which ap- 
proaches crystal, the purple vanishing and fading 
into white. Some mineralogists think that the 
amethyst of the ancients was what we call garnet ; 
but there seems little in its description resembling 
the garnet, except that one kind of it approached the 
hyacinth in colour, as Pliny and Epiphanius ob- 
serve; that is, had a very strong shade of red; and 
so, sometimes, has our amethyst. We see our ame • 
thyst, indeed, plainly indicated in one of the reasons 
assigned by Pliny for its name, that it does not 
reach the colour of wine (a, priv., and fxedv, "vtine"), 
but first fades into violet. He afterward suggests 
another, which is the more common derivation, 
saying that the Magi falsely asserted that these 
gems were preservative against intoxication («, 
priv., and fiedvu, " to intoxicate'"). Theophrastus 
twice mentions the amethyst (afj.tdvoTov),b\it not in 
such a way as to determine it ; classing it in one 
place with crystal, as diaphanous, and afterward 
observing that it is wine-coloured.* 



1. (Ovid, Met., xii., 321.)— 2. (iii., pi. 33.)— 3. (Fee in Plin. 
xxxvii., 9.) — 4. (Moore's Anc. Mineral., p. 168. — De Last df 
Gemm., i., 5.) 

47 



AMMI. 



AMPHICTYONS. 



*AMiA, a fish of the tunny species, the same 
&i\i the Scomber amia, in Italian, Leccia. Schweig- 
haeuser 1 says its French name is boniton. Rondo- 
let mentions that he had seen individuals which 
measured three and a half feet in length. Its head 
was the part most esteemed by the bon vivants of 
Greece and Rome. The etymologist remarks that 
it is gregarious, and hence its name, from up-a, " to- 
gether," and levat, " to go." The Amia is the same 
as the TpunTnc of iElian, 2 the Tlavaoe of Aristotle, 3 
Oppian, and Athenagus, and the Glaucus of Ovid 
and others.* 

*AMIANTH / US (dficavroc), a variety of Asbes- 
tus, called in French Alum de Plume. It consists 
principally, according to Chevenix, of silex, mag- 
nesia, lime, and alumine, and from it was formed 
the celebrated Linum asbestinum, or Asbestos-linen. 
Napkins and other articles made of this were, when 
soiled, thrown into the fire, and cleansed by this 
process as others are by washing. Hence the name 
Amianthus given to the species in question, signify- 
ing pure, undejiled (from d, priv., and fxiavroc, " de- 
filed"), because, being indestructible in any ordinary 
fire, it was restored to its original purity and white- 
ness simply by casting it into the flames. Where 
amianthus occurs, as it doe« in many countries, 
with fibres sufficiently long and flexible for that 
purpose, it is often now, as anciently it was, spun 
and woven into cloth; and has in modern times 
been successfully manufactured into paper, gloves, 
purses, ribands, girdles, and many other things. 
The natives of Greenland even use it for the wicks 
of lamps, as the ancients also did. 5 

AMICTUS, dim. AMIC'ULUM. 

The verb amicire is commonly opposed to induere, 
the former being applied to the putting on of the 
outer garment, the pallium, laena, or toga (ipariov, 
yupoe) ; the latter, to the putting on of the inner 
garment, the tunic (xltuv). Grceco pallid amictus. 6 
Velis amictos, non togis? In consequence of this 
distinction, the verbal nouns amictus and indutus, 
even without any farther denomination of the dress 
'ueing added, indicate respectively the outer and the 
i,mer clothing. 8 The Ass says, in Apuleius, 9 Deam, 
S.rico contectam amiculo, mihi gerendam imponunt, 
meaning, " They place on me the goddess, covered 
with a small silken scarf." The same author says 
that the priests of the Egyptians used linen indului 
ft amittui ; i. e., both for their inner and outer 
clothing. 

In Greek, amicire is expressed by a/j.<pievvvodai, 
auTTEXi 76at, ETudu^eadaL, irepidaAleadai : and indu- 
ere by hdvvetv. Hence came uuttexovt], kirWTi^ua 
and eTTi6oXatov, TrspiSXrifia and Trepi667icaov, an outer 
garment, a sheet, a shawl ; and evdvua, an inner 
garment, a tunic, a shirt. When Socrates was 
about to die, his friend Apollodorus brought him 
both the inner and the outer garment, each being of 
great excellence and value, in order that he might 
put them on before drinking the hemlock : i/i-iov 
evdvvra avrbv rbv %iTU)va, nai ■d-oipidriov TcspifjaWo- 
tievov, elra ovro tueiv to QapfiaKOV. 10 

AMMA (u/nfia), a Greek measure of length, equal 
to forty nr/x^i-c (cubits), or sixty rcodec (feet) ; that 
is, twenty yards 8-1 inches English. It was used 
in measuring land. 11 

* AMMI, a plant, the same, according to Sprengel, 
with the Ammi Copticum. Matthiolus and Dodonse- 
us, who give drawings of it, seem to point to the 
same plant, namely, Bishop's-weed. It must not be 



1. (in Athen., vii., 6.)— 2. (N. A., i., 5.)— 3. (Aristot., H. A., 
ii., 17 ; viii., 13.)^. (Ovid, Hal., 117.— Plin., H. N., xxxii, 11. 
— Adams, Append., s. v.) — 5. (Dioscor., v., 155. — Plin., H. N., 
six., 4. — De Laet, de Gemm., ii., 8. — Moore's Anc. Mineral., p. 
112.)— 6. (Plin., Ep. iv., 11.)— 7. (Cic. in Cat., ii., 10.)— 8. 
(Vid. Tibull., l., 9, 13.— Nep., Cimon., iv., 2.— Id.,Dat., iii., 2. 
-Virg., .ZEn., iii., 545 ; v., 421, compared with Apol. Rhod., 
ii., 30. — Val. Max. v., 2, compared with iElian, V. H., iv., 5.) — 
y. (Met. viii.)— 10. (iElian, V. H., i., 16.)— 11. (Hero, de 
Mensuris.) 

4« 



confounded, however, with the plant called Bishop'*- 
weed in Scotland, which is txie JEgopodium podo- 
graria. 1 

*AMMODTTES (anfiodvr/je), a species of ser- 
pent, which Aetius describes as being a cubit ir 
length, and of a sand colour, with black spots. 
Matthiolus, in his commentary on Dioscorides, do 
termines it to have been a species of viper. It wa 
most probably, then, only a variety of the exi-c, 01 
Coluber ammodytes. This is the serpent known by 
the name of the Horned viper of Illyricum; iti 
venom is active. In the Latin translation of Avi- 
cenna it is called Amindatus and Caularus, which 
are corruptions of Ammodytes and Coluber. 2 

♦AMMONFACUM (dpifioviaicov), Gum Ammoniac. 
Even at the present day it is not well ascertained 
what species of Ferula it is which produces this 
gum. Dioscorides gives it the name of dyaovllic. 
The afifiovianbv ^vfj-iafia was the finest kind of it, 
and was so called because used as a perfume in 
sacred rites. 3 The akr 'A^juovtaKoc, or Sal Ammoni- 
ac, was a Fossil salt, procured from the district of 
Africa adjoining the temple of Jupiter Ammon. It 
therefore was totally different from the Sal Ammoniac 
of the moderns, which is HydrocMorus Ammonia.* 

*AMPELITIS {aimeliTLc y^), a Bituminous Earth, 
found near Seleucia in Syria. It was black, and 
resembled small pine charcoal ; and when rubbed 
to powder, would dissolve in a little oil poured upon 
it. Its name was derived from its being used to 
anoint the vine (u/j,tzs?mc), and preserve it from the 
attack of worms. 5 

*AMPELOTRASUM {up-KEMTrpaoov), the Allium 
Ampeloprasum, or Dog-leek, called in French Porret 
de chien. 6 

*AMTELOS. (Vid. Vitis.) 

*AMO'MUM. (Vid. AMG'MON, page 55.) 

AMPHIARA'IA (apQiapdid), games celebrated m 
honour of the ancient hero Amphiaraus, in the 
neighbourhood of Oropus, where he had a temple 
with a celebrated oracle. 7 

AMPHICTYONS. Institutions called Am- 
phictyonic appear to have existed in Greece from 
time immemorial. Of their nature and object his- 
tory gives us only a general idea; but we may 
safely believe them to have been associations of 
originally neighbouring tribes, formed for the regu- 
lation of mutual intercourse and the protection of a 
common temple or sanctuary, at which the repre- 
sentatives of the different members met, both to 
transact business, and celebrate religious rites and 
games. This identity of religion, coupled with 
near neighbourhood, and that, too, in ages of remote 
antiquity, implies, in all probability, a certain degree 
of affinity, which might of itself produce unions and 
confederacies among tribes so situated, regarding 
each other as members of the same great family. 
They would thus preserve among themselves, and 
transmit to their children, a spirit of nationality and 
brotherhood; nor could any better means be de- 
vised than the bond of a common religious worship, 
to counteract the hostile interests which, sooner or 
later, spring up in all large societies. The causes 
and motives from which we might expect such in- 
stitutions to arise existed in every neighbourhood ; 
and, accordingly, we find many Amphictyonies of 
various degrees of importance, though our informa- 
tion respecting them is very deficient. 

Thus we learn from Strabo that there was one 
of some celebrity, whose place of meeting was a 
sanctuary of Poseidon, 8 at Calauria, an ancient set- 
tlement of the Ionians in the Saronic Gulf. The 



1. (Dioscor., iii., 63. — Galen, de Simpl., v. — Adams, Append., 
s> v.)— 2. (Adams, Append., s. v.)— 3. (Matthiolus in Dioscor., 
iii., 87.— Paul. JEgin., vii., 3.— Needham in Geopon., xiii., 11.) 
—4. (Adams, Append, s. v.)— 5. (Dioscor., v., 138.— Moore'» 
Anc. Mineral., p. 73.)— 6. (Dioscor., ii., 178.)— 7. (Schol. ii 
Pind., Olymp. vii., 154.)— 8. (Muller, Dorians, b. ii., c. 10, ' « 
— Strabo, viii., 6.) 



AMPHIOTYONS. 



AMPHICTYONS. 



original members were Epidaurus, Hermaeum, 
Nauplia, Prasias in Laconia, iEgina, Athens, and 
the Boeotian Orchomenus, 1 whose remoteness from 
eacn <Jther makes it difficult to conceive what could 
have been the motives for forming the confedera- 
tion, more especially as religious causes seem pre- 
cluded, by the fact that Trcezen, though so near to 
Calauria, and though Poseidon was its tutelary 
g xl, was not a member. In after times, Argos and 
Sparta took the place of Nauplia and Prasiae, and 
religious ceremonies were the sole object of the 
meetings of the association. There also seems to 
have been another in Argolis, 2 distinct from that of 
Oalauria, the place of congress being the 'Hpalov, 
or temple of Hera. Delos, 3 too, was the centre of 
an Amphictyony — the religious metropolis, or 
'Ictltj vr/ocov of the neighbouring Cyclades, where 
deputies and embassies (d-eupoi) met to celebrate 
religious solemnities in honour of the Dorian Apol- 
lo, and apparently without any reference to political 
objects. 

Nor was the system confined to the mother-coun- 
ry ; for the federal unions of the Dorians, Ionians, 
and iEolians, living on the west coast of Asia 
Minor, seem to have been Amphictyonic in spirit, 
although modified by exigences of situation. Their 
main essence consisted in keeping periodical festi- 
vals in honour of the acknowledged gods of their 
respective nations. Thus the Dorians* held a 
federal festival, and celebrated religious games at 
Triopium, uniting with the worship of their national 
god Apollo that of the more ancient and Pelasgic 
^emeter. The Ionians met for similar purposes, 
in nonour of the Heliconian Poseidon at Mycale ; 
their place of assembly being called the Panionium, 
and their festival Panionia. (Poseidon was the 
god of the Ionians, as Apollo of the Dorians. 5 ) The 
twelve towns of the iEolians assembled at Gryneum, 
in honour of Apollo. That these confederacies 
were not merely for offensive and defensive purpo- 
ses, may be inferred from their existence after the 
subjugation of these colonies by Croesus ; and we 
know that Halicarnassus was excluded from the 
Dorian union, merely because one of its citizens 
had not made the usual offering to Apollo of the 
prize he had won in the Triopic contests. A con- 
federation somewhat similar, but nrre political 
than religious, existed in Lycia: 8 it was called the 
" Lycian system," and was composed of twenty- 
three cities. 

But, besides these and others, there was one Am- 
phictyony of greater celebrity than the rest, and 
much more lasting in its duration. This was, by 
way of eminence, called the Amphictyonic League ; 
and by tracing its sphere of action, its acknowledged 
duties, and its discharge of them, we shall obtain 
more precise notions of such bodies in general. 
This, however, differed from the other associations 
in having two places of meeting, the sanctuaries of 
two divinities, which were the temple of Demeter, 
in the village of Anthela, near Thermopylae, 7 where 
the deputies met in autumn, and that of Apollo at 
Delphi, where they assembled in spring. The con- 
nexion of this Amphictyony with the latter not only 
contributed to its dignity, but also to its perma- 
nence. With respect to its early history, Strabo 8 
says, that even in his days it was impossible to 
learn its origin. We know, however, that it was 
originally composed of twelve tribes (not cities or 
states, it must be observed), each of which tribes 
contained various independent cities or states. 
We learn from iEschines, 9 a most competent au- 
thority (B.C. 343), that eleven of these tribes were 
i*a follow : the Thessalians, Boeotians (not Thebans 

I. (Thirlwall, H. G., vol. i., p. 375.)— 2. (Strabo, 1. c.)— 3. 
(Miiller b. ii., c. 3, s. 7.— Callim., Hymn., 325.)— 4. (Herod., i., 
144.)— 5. (Miiller, b. ii., c. 10, s. 5.— Strabo, viii., 7.)— fi. 
'Strabo, xiv., 3.)— 7. (Herod., vii., 200.)— 8. (ix., 289.)~9 (De 
F L., 122, Bekker.) 
G 



only), Dorians, Ionians, Perrhaebians, Magnete*., 
Locrians, CEtasans or CEnianians, Phthiots or Achae- 
ans of Phthia, Malians, and Phoc^ans ; other lists 
leave us in doubt whether the remaining tribe were 
the Dolopes or Delphians ; but, as the Delphians 
could hardly be called a distinct tribe, their nobles 
appearing to have been Dorians, it seerrs probabie 
that the Dolopes were originally menbers, and 
afterward supplanted by the Delphians. 1 The pre- 
ponderance of Thessalian tribes proves the antiquity 
of the institution ; and the fact of the Dorians stand- 
ing on an equality with such tribes as the Malians, 
shows that it must have existed before the Dorian 
conquest, which originated several states more ] iow- 
erful, and, therefore, more likely to have sent i heir 
respective deputies, than the tribes mentioned. 

We also learn from iEschines that each of these 
tribes had two votes in congress, and that deputies 
from such towns as (Dorium and 2 ) Cytinium had 
equal power with the Lacedaemonians, and that 
Eretria and Priene, Ionian colonies, were on a par 
with Athens (lao^^oi toIc 'Adrjvaioic). It seems, 
therefore, to follow, either that each Amphictyonic 
tribe had a cycle, 3 according to which its component 
states returned deputies, or that the vote of the tribe 
was determined by a majority of votes of the differ- 
ent state* o r that tribe. The latter supposition 
might explaiiv the fact of their being a larger and 
smaller assembly — a (3ov2,r/ and eKKlrjala — at some 
of the congresses ; and it is confirmed by the cir- 
cumstance that there was an annual election of 
deputies at Athens, unless this city usurped func- 
tions not properly its own. 

The council itself was composed of two classes 
of representatives, one called pylagorae, the other 
hieromnemones. Of the former, three were annually 
elected at Athens to act with one hieromnemon ap- 
pointed by lot.* That his office was highly honour- 
able we may infer from the oath of the Heliasts,* in 
which he is mentioned with the nine archons. On 
one occasion we find that the president of the coun- 
cil was a hieromnemon, and that he was chosen 
general of the Amphictyonic forces, to act against 
the Amphissians. 6 Hence it has been conjectureu 
that the hieromnemones, also called lepo-ypafifiaTelg, 
were superior in rank to the pylagorae. 7 iEschines 
also contrasts the two in such a way as to warran; 
the inference that the former office was the more 
permanent of the two. Thus he says,* "When 
Diognetus was hieromnemon, ye chose me and two 
others pylagorae." He then contrasts " the hiero- 
mnemon of the Athenians with the pylagorae for the 
time being." Again, we find inscriptions 9 contain- 
ing surveys by the hieromnemones, as if they formec. 
an executive ; and that the council concluded their 
proceedings on one occasion 10 by resolving that there 
should be an extraordinary meeting previously to 
the next regular assembly, to which the hieromne- 
mones should come with a decree to suit the emer- 
gency, just as if they had been a standing committee. 
Their name implies a more immediate connexion 
with the temple, but whether they voted or not ii 
only a matter of conjecture; probably they did not. 
The eKKlrjaia, or general assembly, included not only 
the classes mentioned, but also those who had joined 
in the sacrifices, and were consulting the god. It 
was convened on extraordinary occasions by the 
chairman of the council ('0 raf yvufxag emxpiiQiCuv.) 11 

Of the duties of this latter body, nothing will give 
us a clearer view than the oaths taken and the de- 

1. (Titmann, p. 39.) — 2 (There is a doubt about the reading. 
Vid. Thucvd., iii., 95 —Strabo, ii., 4.)— 3. (Strabo, ix., c. 3.)— 
4. (Aristoph., Nub , 607.)— 5. (Demosth., c. Timocr., 170, Bek- 
ker.)— 6. (^sch., de F. L.)— 7. (Titmann, iv., 4.)— 8. (C Ctes., 
115, Bekker. The scholiast on Aristoph., Nub., says, that the 
hieromnemon was elected for life. This is the opinion of Tit- 
mann : Ueber den Bund der Amphictyonen. See Schomann, On 
the Assemblies. &c, p.270,transl.)— 9. (Bockh, Corpus Inscript., 
No. 1711,quot(d by Miiller.)— 10. (JEsohin^ c. Ctes., 124, Bflk 
ker.)— 11. (JEs -bines, c. Ctes 124.) 

49 



AMPHICTYONS. 



AMPHICTYONS. 



trees made. The oath was as follows : l " They 
would destroy no city of the Amphictyons, nor cut 
off their streams in war or peace ; and if an) r should 
do so, they would march against him and destroy 
his cities ; and should any pillage the property of 
the god, or be pnvy to 01 plan anything against 
what was in his temple (at Delphi), they would take 
vengeance on him with hand, and foot, and voice, and 
all their might." There are two decrees given by 
Demosthenes, both commencing thus : a " When 
; /leinagoras was priest, at the spring meeting, it was 
r esolvei by the pylagorae and their assessors, and 
the general body of the Amphictyons," &c. The res- 
olution in the second case was, that as the Amphis- 
sians continued to cultivate the sacred district, Philip 
of Macedon should be requested to help Apollo and 
the Amphictyons, and was thereby constituted abso- 
lute general of the Amphictyons. He accepted the 
office, and soon reduced the offending city to sub- 
jection. From the oath and the decrees, we see that 
the main duty of the deputies was the preservation 
of the rights and dignity of the temple at Delphi. 
We know, too, that after it was burned down (B.C. 
548), they contracted with the Alcmaeonidae for the 
rebuilding; 3 and Athenseus (B.C. 160) informs us,* 
that in other matters connected with the worship of 
the Delphian god, they condescended to the regula- 
tion of the minutest trifles. History, moreover, 
teaches that, if the council produced any palpable 
effects, it was from their interest in Delphi; and 
though it kept up a standing record of what ought 
to have been the international law of Greece, it 
sometimes acquiesced in, and at other times was a 
party to, the most iniquitous and cruel acts. Of 
this the case of Crissa is an instance. This town 
lay on the Gulf of Corinth, near Delphi, and was 
much frequented by pilgrims from the West. 5 The 
Crissaeans were charged by the Delphians with un- 
due exactions from these strangers. The council 
declared war against them, as guilty of a wrong 
against the god. The war lasted ten years, till, at 
the suggestion of Solon, the waters of the Pleistus 
were turned off, then poisoned, and turned again 
into the city. The besieged drank their fill, and 
Crissa was soon razed to the ground ; and thus, if 
it were an Amphictyonic city, was a solemn oath 
doubly violated. Its territory — the rich Cirrheean 
plain — was consecrated to the god, and curses im- 
precated upon whomsoever should till or dwell in it. 
Thus ended the First Sacred War (B.C. 585), in 
which the Athenians were the instruments of Del- 
phian vengeance. 6 The Second, or Phocian War 
(B.C. 350), was the most important in which the 
Amphictyons were concerned ; 7 and in this the 
Thebans availed themselves of the sanction of the 
council to take vengeance on their enemies, the 
Phocians. To do this, however, it was necessary 
to call in Philip of Macedon, who readily proclaim- 
ed himself the champion of Apollo, as it opened a 
pathway to his own ambition. The Phocians were 
subdued (B.C. 346), and the council decreed that all 
their cities, except Abse, should be razed, and the in- 
habitants dispersed in villages not containing more 
than fifty inhabitants. Their two votes were given 
to Philip, who thereby gained a pretext for inter- 
fering with the affairs of Greece, and also obtained 
the recognition of his subjects as Hellenes. To the 
causes of the Third Sacred War, allusion has been 
made in the decrees quoted by Demosthenes. The 
Amphissians tilled the devoted Cirrhsean plain, and 
behaved, as Strabo 8 says, worse than the Crissgeans 
of old (x £t P 0V( ? vaav Tzepl rovg ijivovc). Their sub- 
mission to Philip was immediately followed by the 



1. (^sch., de F. L., 121.)— 2. (Demosth., de Cor., 196, Bekker.) 
—3. (Herod., ii., 180.) — 4. (iv., 173, f O rwv 'AiaQiktvovm v6\xo$ 
Kt\i6u>v vSwp rrapix^v iXeodvTag. This seems to refer to the 
Delians only.) — 5. (JEschines, c. Ctes, 125, gives the whole his- 
tory. In early times, Crissa and the temple were one state. — 
Muller, Dorians.)— 6. (Paus., x., 37, s. 4.)— 7. (Thirlwall, Hist. 
**" Greece, vol. v., p. 263-372.)— K (ix.. 3 ) 
50 



battle of Chaeronea (B.C. 338\ and the extinction 
of the independence of Greece In the following 
year a congress of the Amphict/oiiic states was 
held, in which war was declared as if by united 
Greece against Persia, and Philip elected com- 
mander-in-chief. On this occasion the Amphictyons 
assumed the character of national representatives 
as of old, 1 when they set a price upon the head 01 
Ephialtes for his treason to Greece at Thermopylae. 

We have sufficiently shown that the Amphictyons 
themselves did not observe the oaths they took ; and 
that they did not much alleviate the horrors of war, 
or enforce what they had sworn to do, is proved by 
many instances. Thus, for instance, Mycenae was 
destroyed by Argos (B.C. 535), Thespiae and Plateea 
by Thebes, and Thebes herself swept from the lace 
of the earth by Alexander (jt/c fitorjg TJjg 'E/UacJoj 
avqpKacdi])* Indeed, we may infer from Thucyd- 
ides, 3 that a few years before the Peloponnesian 
war, the council was a passive spectator of what he 
calls 6 lepbe noAefxog, when the Lacedaemonians made 
an expedition to Delphi, and put the temple into the 
hands of the Delphians, the Athenians, after their 
departure, restoring it to the Phocians ; and yet the 
council is not mentioned as interfering. It will not 
be profitable to pursue its history farther ; it need 
only be remarked, that Augustus wished his new 
city, Nicopolis (A.D. 31), to be enrolled among the 
members ; and that Pausanias, in the second century 
of our era, mentions it as still existing, but deprived 
of all power and influence. In fact, even Demos- 
thenes* spoke of it as the shadow at Delphi. 5 

After these remarks, we may consider two points, 
of some interest; and, first, the etymology of the 
word Amphictyon. We are told 6 that Theopompus 
thought it derived from the name of Amphictyon, a 
prince of Thessaly, and the supposed author of the 
institution. Others, as Anaximenes of Lampsacus, 
connected it with the word d/n^iKnovE^ or neigh- 
bours. Very few, if any, modern scholars, doubt 
that the latter view is correct ; and that Amphictyon, 
with Hellen, Dorus, Ion, Xuthus, Thessalus, Laris- 
sa the daughter of Pelasgus, and others, are not 
historical, but mythic personages — the representa- 
tives, or poetic personifications, of their alleged 
foundations or offspring. As for Amphictyon, 7 it is 
too marvellous a coincidence that his name should 
be significant of the institution itself; and, as he 
was the son of Deucalion and Pyrrha, it is difficult 
to guess of whom his council consisted. True it is 
that he also appears in Athenian history; 3 but very 
little is said of him ; and the company he keeps 
there, though kingly, is far from historical. Besides, 
though Herodotus 9 and Thucydides 10 had the oppor- 
tunity, they yet make no mention of him. We may 
conclude, therefore, that the word should be written 
amphictiony, from afiyiKTioveg, or those that dwell 
around some particular locality. 11 

The next question is one of greater difficulty ; it 
is this : Where did the association originate 1 were 
its meetings first held at Delphi or at Thermopylae 1 
There seems to us a greater amount of evidence in 
favour of the latter. In proof of this, we may state 
the preponderance of Thessalian tribes from the 
neighbourhood of the Maliac Bay, and the compara- 
tive insignificance of many of them ; the assigned 
birthplace and residence of the mythic Amphictyon, 
the names Pylagorse and Pylaea. Besides, we know 
that Thessaly was the theatre and origin of many 
of the most important events cf early Greek his- 
tory, whereas it was only in later times, and after 
the Dorian conquest of Peloponnesus, that Delphi 



1. (Herodotus, vii., 214, speaks of the Amphictyons as of :w» 
'EAA^wv Ilv\ay6poi.)— 2. (.Eschin., c. Ctes.)— 3. (i., 112.)— i 
(De Pace.)— 5. (»/ iv AeA^o?? okicl.)— 6. (Harpocrat., Amphictj 
on.— See Mauss. notes.)— 7. (Thirhvall, Hist. Gr., vol. i., j» 
273.)— 8. (Phil. Mus., vol. ii., p. 359.)— 9. (i., 56.)— 10. (i., S.) 
—11. (Thus Pindar, Nem., 6, 42, iv aix6iKTi6vwv tuupodtf** 
TOitroflihi. Vid. Eockh, in loc.) 



AMPHIDROMIA. 



AMPHITHEATRUM. 



becamo important enough for the meetings of such 
a body as the Amphicty onic ; nor, if Delphi had been 
of old the only place of meeting, is it easy to ac- 
count for what must have been a loss of its ancient 
dignity. But, whatever was the cause, we have still 
the fact that there were two places of congress ; to ac- 
count for which, it has been supposed that there were 
originally two confederations, afterward united by 
the growing power of Delphi, as connected with the 
Dorians, but still retaining the old places of meet- 
ing. We must, however, admit that it is a matter 
of mere conjecture whether this were the case or 
not, there being strong reasons in support of the 
opinion that the Dorians, on migrating southward, 
combined the worship of the Hellenic Apollo with 
that of the Pelasgian Demeter, as celebrated by the 
Amphictyons of Thessaly. Equally doubtful is the 
question respecting the influence of Acrisius, king 
of Argos, 1 and how far it is true that he first 
brought the confederacy into order, and determined 
other points connected with the institution. 2 

AMMKYIIEAA'ON AEITA2 (ufMptKVTreMov . 6e- 
Tzag ), a drinking- vessel, often mentioned by Homer. 
Its form has been the subject of various conjectures; 
but the name seems to indicate well enough what it 
really was. KvireX/iov is found separately as well 
as in composition, and is evidently a diminutive 
formed from the root signifying a hollow, which we 
have in tlie Greek icv/iSt}, and the dialectic form 
Kv66a ; 3 Latin, cupa ; German, kufe, kubel ; French, 
cuve, coupe; and English, cup: it means, therefore, 
a small goblet or cup. 'AfMjwcvirelXog, therefore, 
according to the analogy of afubiaTOfioc, ujityuToe, &c, 
is that which has a kvits^ov at both sides or both 
ends ; and Sirrag u./j.<f>iicvTre?i,?.ov is a drinking-vessel, 
having a cup at both ends. That this was the form 
of the vessel is shown by a passage in Aristotle, 4 
where he is describing the cells of bees as having 
two openings divided by a floor " like the a/Mpinv- 

AMPHIDROM'IA, or APOMIAM<P'ION HMAP 
{afi<ptdp6/iia, or dpo/xtd/Mpiov vfiap), a family festival of 
the Athenians, at which the newly-born child was 
introduced into the family and received its name. 
No particular day was fixed for this solemnity ; but 
it did not take place very soon after the birth of the 
child, for it was believed that most children died 
before the seventh day, and the solemnity was, 
therefore, generally deferred till after that period, 
that there might be, at least, some probability of the 
child remaining alive. But, according to Suidas, 
the festival was held on the fifth day, when the 
women who had lent their assistance at the birth 
washed their hands. This purification, however, 
preceded the real solemnity. The friends and 
relatives of the parents were invited to the festival 
of the amphidromia, which was held in the evening, 
and they generally appeared with presents, among 
which are mentioned the cuttlefish and the marine 
polyp. 8 The house was decorated on the outside 
with olive-branches when the child was a boy, or 
with garlands of wool when the child was a girl ; 
and a repast was prepared, at which, if we may 
judge from a fragment of Ephippus in Athenaeus, 7 
the guests must have been rather merry. The 
child was then carried round the fire by the nurse, 
and thus, as it were, presented to the gods of the 
house and to the family, and at the same time re- 



1. 'Schol. in Eurip., Orest., 1094. — Callim., Epig. xli. — Strabo, 
n., c 3, p. 279, ed. Tauchn.)— 2. (Thirlwall, Hist, of Greece, c. 
x , l_iii. — Heeren, Polit. Hist, of Greece, c. 7. — St. Croix, Des 
Ancwns Gouvememens Federatifs. — Titmann, Ueber den Bund 
der Amphictyonen. — Miiller, Dorians, b. ii., c. iii., s 5. — Phil. 
Mn3., vol. i., p. 324 ; vol. ii., p. 360. — Hermann, Polit. Antiq. 
of Greece, t> 11-14. — Wachsmuth, Hellen. Alterthumsk. — Nie- 
buhr, Hist. Re on., i., p. 31, transl.) — 3. (Hesych., s. v. ■Korfipiov.) 
—4. (H. A, 9, 40 ; or in Schneid., 9, 27, 4.)— 5. {tcpi fiiav 
yup fidaiv Ho S-vipttg claw, (oenrep rwv aix^iKviriWwv, f) fiev 
tvrdj, f/ 6' Ikt6$ — Compare Buttmann's Lexilogus, s. v.)— 6. 
(Haroocr.. s. v.) — 7. (p. 370.) 



ceived its name, to which the guests were witnesses. 
The carrying of the child round the hearth was the 
principal part of the solemnity, from which its name 
was derived. But the scholiast on Aristophanes 2 de- 
rives the name from the fact that the guests, while 
the name was given to the child, walked or danced 
around it. This festival is sometimes called from 
the day on which it took place : if on the seventh 
day, it is called £66ofj.cu or '£6dofiag ; if on the tenth 
day, Sekuttj, &c. 3 

AMPHIOR'KIA or AMPHOMOSTA {a^iopKia 
or a[Kpu[io<jia.) is the oath which was taken, both by 
the plaintiff and defendant, before the trial of a cause 
in the Athenian courts, that they would speak the 
truth. 4 According to Pollux, 5 the a^Lopnia also 
included the oath which the judges took, that they 
would decide according to the laws; or, in case 
there was no express law on the subject in dispute, 
that they would decide according to the principles 
of justice. 

AMPHIPPOI. (Vid. Desultores.) 

AM^mPTMN'OI N1TE2 (afidinpvfivoc vrjeg), also 
called AinPftPOI, ships in which the poop and the 
prow were so much alike as to be applicable to the 
same use. A ship of this construction might be 
considered as having either two poops or two prows. 
It is supposed to have been convenient in circum- 
stances where the head of the ship could not be 
turned about with sufficient celerity. 6 

*AM.PE.lSBJE / NA(u/j,(j)ia6atva), sometimes called 
the Double-headed Serpent. Buffon says of it, that 
it can move along with either the head or the tail 
foremost, whence it had been thought to have two 
heads. Avicenna says, that it is of equal thickness 
from head to tail, and that from this appearance it 
had been supposed to have two heads. Schneider 
states, that Linnaeus 7 describes a serpent which 
agrees very well with the ancient accounts of the 
amphisbaena ; its tail is obtuse, and as thick as its 
bocly, and it moves along either forward or back- 
ward ; 8 but, according to Dr. Trail, it is an Amer- 
ican species. The amphisbaena was probably a 
variety of the Anguis fragilis, L., or Blind Worm. 
The Aberdeen serpent of Pennant, of which mention 
is made in Linnasus's correspondence with Dr. 
David Skene of Aberdeen, is a variety of the Anguh 
fragilis. Linnaeus denies that the amphisbaena is 
venomous, but many authors, even of modern times, 
are of a contrary opinion. 9 

AMPHITHEA'TRUM was a place for the 
exhibition of public shows of combatants and wild 
beasts, entirely surrounded by seats for the specta- 
tors ; whereas, in those for dramatic performances, 
the seats were arranged in a semicircle facing the 
stage. It is, therefore, frequently described as a 
double theatre, consisting of two such semicircles, 
or halves, joined together, the spaces allotted to 
their orchestras becoming the inner enclosure or 
area, termed the arena-. The form, however, of the 
ancient amphitheatres was not a circle, but invari- 
ably an ellipse, although the circular form appears 
best adapted for the convenience of the spectators. 
The first amphitheatre appears to have been that 
of M. Curio, of which a description has been given 
by Pliny. 10 It consisted of two wooden theatres 
made to revolve on pivots, in such a manner that 
they could, by means of windlasses and machinery, 
be turned round face to face, so as to form one 
building. 

Gladiatorial shows were first exhibited in the 
forum, and combats of wild beasts in the cirsus ; 
and it appears that the ancient custom was stiL 
preserved till the dictatorship of Julius Caesar, who 



1. (Isjeus, de Pyrrhi Haered., p. 34, s. 30, Bekker.)— 2. (Ly- 
sistr., 758.)— 3. (Hesych.— Aristoph., Av., 923.)— 4. (Hesych.— 
Suid.)— 5. (viii., 10.)— 6. (Scheffer, De Militia Navali, ii., c. 5, 
p. 143.)— 7. (Amoenit. Academ., vol. i., p. 295.)— 8. (Schneido 
in M\., N. A., ix., 23.)— 9. (Adams, Append., s. v.)— 10. (F 
N., xxxvi., 24, t> 8.) 

51 



AMPHITHEATRUM. 



AMPHITHEATItUM. 



built a wooden theatre in the Campus Martius. for 
the purpose of exhibiting hunts of wild beasts, 1 
" wliich was called amphitheatre because it was 
surrounded by seats without a scene." 3 Most of 
the early amphitheatres were merely temporary, 
and made of wood ; such as the one built by Nero 
at Rome, 3 and that erected by Atilius at Fidenae 
during the reign of Tiberius, which gave way while 
the games were being performed, and killed or in- 
jured 50,000 persons.* 

The first stone amphitheatre was built by Statili- 
us Taurus, at the desire of Augustus. 5 This build- 
ing, which stood in the Campus Martius, near the 
circus called Agonale, was destroyed by fire in the 
reign of Nero ; 6 and it has, therefore, been supposed 
that only the external walls were of stone, and that 
the seats and other parts of the interior were of tim- 
ber. A second amphitheatre was commenced by 
Caligula; but by far the most celebrated of all was 
the Flavian amphitheatre, afterward called the 
ColisEeum, which was begun by Vespasian, and 
finished by his son Titus, who dedicated it A.D. 80, 
on which occasion, according to Eutropius, 5000, 
and according to Dion, 9000, beasts were destroyed. 7 

This immense edifice, which is even yet compar- 
atively entire, was capable of containing about 
87,000 spectators, and originally stood nearly in the 
centre of the city, on the spot previously occupied 
by the lake or large pond attached to Nero's pal- 
ace, 8 and at no very great distance from the Baths 
of Titus. It covers altogether about five acres of 
ground ; and the transverse, or longer diameter of 
the external ellipse, is 615 feet, and the conjugate, 
or shorter one, 510 ; while those of the interior 
ellipse, or arena, are 281 and 176 feet respectively. 
Where it is perfect, the exterior is 160 feet high, 
and consists of four orders, viz., Doric, Ionic, and 
Corinthian, in attached three-quarter columns (that 
is, columns one fourth of whose circumference ap- 
pears to be buried in the wall behind them), and an 
upper order of Corinthian pilasters. With the ex- 
ception of the last, each of these tiers consists of 
eighty columns, and as many arches between them, 
forming open galleries throughout the whole cir- 
cumference of the building ; but the fourth has 
windows instead of large arches, and those are 
placed only in the alternate inter-columns, conse- 
quently, are only forty in number ; and this upper 
portion of the elevation has, both on that account 
and owing to the comparative smallness of the 
apertures themselves, an expression of greater 
solidity than that below. The arches formed open 
external galleries, with others behind them ; besides 
which, there were several other galleries and passa- 
ges, extending beneath the seats for the specta- 
tors, and, together with staircases, affording access 
to the latter. At present, the seats do not rise 
higher than the level of the third order of the exte- 
rior, or about half its entire height ; therefore, the 
upper part of the edifice appears to have contributed 
very little, if at all, to its actual capacity for ac- 
commodating spectators. Still, though it has never 
been explained, except by conjecturing that there 
♦rere upper tiers of seats and galleries (although no 
emains of them now exist), we must suppose that 
ihere existed some very sufficient reason for incur- 
ring such enormous expense, and such prodigal 
waste of material and labour beyond what utility 
seems to hare demanded. This excess of height, 
so much greater than was necessary, was perhaps, 
in some measure, with the view that, when the 
building was covered in with a temporary roofing 
or awning {velarium), as a defence against the sun 
or rain, it should seem well proportioned as to 

1. (Searpdv KwrrycriKdv.) — 2. (Dion., xliii., 22.) — 3. (Suet., 
Ner., c. 12.— Tacit., Ann., xiii., 31.) — 4. (Tacit., Ann., iv., 62 — 
Suet., Tib., c. 40.)— 5. (Suet., Octav., c. 29.— Dion., li., 23.)— 
6. (Dion., lxii., 18.)— 7. (Suet., Vesp., 9.— Id., Tit., 7.— Eu- 
trop., vii., 21.— Dion., lxvi., 25.)— 8. (Suet., Ner., 31.) 
52 



height; and also, perhaps, in order to allow thcsi 
who worked the ropes and other mechanism by 
which the velarium was unrclLed or drawn back 
again, to perform those operations without incow 
moding the spectators on the highest seats. 

With regard to the velarium itself, notliing at all 
conclusive and satisfactory can now be gathered ; 
and it has occasioned considerable dispute among 
the learned, how any temporary covering could be 
extended over the whole of the building. Some 
have imagined that the velarium extended only 
over part of the building ; but, independent of other 
objections, it is difficult to conceive how such an 
extensive surface could have been supported along 
the extent of its inner edge or circumference. The 
only thing which affords any evidence as to the 
mode in which the velarium was fixed, is a series 
of projecting brackets, or corbels, in the uppermost 
story of the exterior, containing holes or sockets, 
to receive the ends of poles passing through holes 
in the projection of the cornice, and to which ropes 
from the velarium were fixed ; but the whole of the 
upper part of the interior is now so dismantled as 
to render it impossible to decide with certainty in 
what manner the velarium was fixed. The velari- 
um appears usually to have been made of wool, 
but more costly materials were sometimes employed. 
When the weather did not permit the velarium to 
be spread, the Romans used broad-brimmed hats or 
caps, or a sort of parasol, which was called umbrcL 
la, from umbra, shade. 1 

Many other amphitheatres might be enumerated, 
such as those of Verona, Nismes, Catania. Pom- 
peii, &c. ; but, as they are all nearly similar in 
form, it is only necessary to describe certain par- 
ticulars, so as to afford a tolerably correct idea of 
the respective parts of each. 

The interior of the amphitheatre was divided into 
three parts, the arena, podium, and gradus. The 
clear open space in the centre of the amphitheatre 
was called the arena, because it was coverec" with 
sand or sawdust, to prevent the gladiators from 
slipping, and to absorb the blood. The size ci the 
arena was not always the same in proportion to the 
size of the amphitheatre, but its average propor- 
tion was one third of the shorter diameter of the 
building. 

It is not quite clear whether the arena was no 
more than the solid ground, or whether it had an 
actual flooring of any kind. The latter opinion is 
adopted by some writers, who suppose that there 
must have been a souterrain, or vaults, at intervals 
at least, if not throughout, beneath the arena, as 
sometimes the animals suddenly issued apparently 
from beneath the ground ; and machinery of differ- 
ent kinds was raised up from below, and afterward 
disappeared in the same manner. That there must 
have been some substruction beneath the arena, in 
some amphitheatres at least, is evident, because 
the whole arena was, upon particular occasions, 
filled with water, and converted into a naumachia, 
where vessels engaged in mimic sea-fights, or else 
crocodiles and other amphibious animals were 
made to attack each other. Nero is said to have 
frequently entertained the Romans with spectacles 
and diversions of this kind, which took place imme- 
diately after the customary games, and were again 
succeeded by them ; consequently, there must have 
been not only an abundant supply of water, but me- 
chanical apparatus capable of pouring it in anc 1 
draining it off again very expeditiously. 

The arena was surrounded by a wall, distinguish- 
ed by the name of podium, although such appella- 
tion, perhaps, rather belongs to merely the upper 
part of it, forming the parapet or balcony before the 
first or lowermost seats, nearest to the arena. The 
latter, therefore, was no more than an open oval court, 

^ — '- ■ — \» 

1. (Dion., lix., 7.— Martial, xiv., 27, 28.) 



AMPH1THEATR JM. 



AMPHITHEATRUM. 



surrounded by a wall about eighteen feet high, meas- 
uring from the ground to the top of the parapet ; a 
neight considered necessary, in order to render the 
spectators perfectly secure from the attacks of the 
wild beasts. There were four principal entrances 
leading into the arena, two at the ends of each axis 
or diameter of it. to which as many passages led di- 
rectly from the exterior of the building ; besides sec- 
ondary ones, intervening between them, and commu- 
nicating with the corridors beneath the seats on the 
podium. 

The wall or enclosure of the arena is supposed 
.o have been faced with marble more or less sump- 
tuous ; besides which, there appears to have been, 
in some instances at least, a sort of network affix- 
ed to the top of the podium, consisting of railing, 
or, rather, open trellis- work of metal. From the 
mention made of this network by ancient writers, 
little more can new be gathered respecting it than 
that, in the time of Nero, such netting, or whatever 
it might have been, was adorned with gilding and 
amber ; a circumstance that favours the idea of its 
having been gilt metal-work, with bosses and orna- 
ments of the other material. As a farther defence, 
ditches, called euripi, sometimes surrounded the 
arena. 1 

The term podium was also applied to the terrace, 
or gallery itself, immediately above the lower enclo- 
sure, and which was no wider than to be capable of 
containing two, or, at the most, three ranges of mova- 
ble seats or chairs. This, as being by far the best 
situation for distinctly viewing the sports in the are- 
na, and also more commodiously accessible than the 
seats higher up, was the place set apart for senators 
and other persons of distinction, such as the ambas- 
sadors of foreign parts ; a and it was here, also, that 
the emperor himself used to sit, in an elevated place 
called suggestus 3 or cubiculwm ;* and likewise the 
person who exhibited the games, on a place eleva- 
ted like a pulpit or tribunal (editoris tribunal). The 
vestal virgins also appear to have had a place allot- 
ted to them in the podium. 5 

Above the podium were the gradus, or seats of the 
other spectators, which were divided into mesniana, 
or stories. The first mcenianum, consisting of four- 
teen rows of stone or marble seats, was appropria- 
ted to the equestrian order. The seats appropriated 
to the senators and equites were covered with cush- 
ions (pulvittis), which were first used in the time of 
Caligula. 6 Then, after an interval or space, termed 
a pracinctio, and forming a continued landing-place 
from the several staircases in it, succeeded the sec- 
ond maenianum, where were the seats called popula- 
ria, 7 for the third class of spectators, or the populus. 
Behind this was the second precinction, bounded by 
a rather high wall, above which was the third mae- 
nianum', where there were only wooden benches for 
'he pullati, or common people. 8 The next and last 
division, namely, that in the highest part of the 
building, consisted of a colonnade or gallery, where 
females were allowed to witness the spectacles of 
the amphitheatre,' some parts of which were also 
cccupied by the pullati. At the very summit was 
the narrow platform for the men who had to attend 
!d the velarium, and to expand or withdraw the 
awnings, as there might be occasion. Each maenia- 
num was not only divided from the other by the prae- 
cinctio, but was intersected at intervals by spaces 
for passages left between the seats, called scalce or 
scalaria ; and the portion between two such passa- 
ges was called a cuneus, because this space gradu- 
ally widened, like a wedge, from the podium to the 
top of the building. 10 The entrances to the seats 



I. (Plin., H. N., viii., 7.)— 2. (Suet., Octav., 44.— Juv., Sat. 
ii, 143, seqq.)— 3. (Suet., Jul., 76.— Plin., Paneg., 51.) — 4. 
(Suet., Ner., 12.)— 5. (Suet., Octav., 44.)— 6. (Juv., Sat. iii., 
154.— Dion., lix., 7.)- J. (Suet.. Domit., 4.)— 8. (Suet., Octav., 
4*.)— 9. (Suet., Octa\ , 44.)— 13. (Suet., Octav., 44.— Juv., Sat. 
•i, M.J 



from the outer porticoes were called vomitoria, bo 
cause, says Macrobius, 1 Homines glomeratim i?igre- 
dientes in sedilia se fundunt. 

The situation of the dens wherein the animals 
were kept is not very clear. It has been supposed 
that they were in underground vaults, near to, if noi 
immediately beneath, the arena; yet, admitting such 
to have been the case, it becomes more difficult than 
ever to understand how the arena could have been 
inundated at pleasure with water ; nor was any pos- 
itive information obtained from the excavations 
made several years ago in the arena of the Colisae- 
um. Probably many of the animals were kept in 
dens and cages within the space immediately be- 
neath the podium (marked d in the cut), in the in- 
tervals between the entrances and passages leading 
into the arena, and so far a very convenient situa- 
tion for them, as they could have been brought im- 
mediately into the place of combat. 

There were in the amphitheatres concealed tubes, 
from which scented liquids were scattered over the 
audience, which sometimes issued from statues pla- 
ced in different parts of the building. 2 

Vitruvius affords us no information whatever as 
to amphitheatres ; and, as other ancient writers have 
mentioned them only incidentally and briefly, many 
particulars belonging to them are now involved in 
obscurity. 

The annexed woodcut, representing a section, not 
of an entire amphitheatre, but merely of the exterior 
wall, and the seats included between that and the 
arena, will serve to convey an idea of the arrange- 
ment of such structures in general. It is that of the 
Colisaeum, and is given upon the authority of Hirt ; 
but it is in some respects conjectural, particularly 
in the upper part, since no traces of the upper gal- 
lery are now remaining. The extreme minuteness 
of the scale renders it impossible to point out more 
than the leading form and general disposition of the 
interior; therefore, as regards the profile of the ex- 
terior, merely the heights of the cornices of the dif- 
ferent orders are shown, with the figures 1, 2, 3, 4 
placed against them respectively. 
z 




EXPLANATIONS. 

A, The arena. 

p, The wall or podium enclosing it. 

P, The podium itself, on which were chairs or 

seats for the senators, &c. 
M', the first maenianum, or slope of benches, for the 

equestrian order. 
M", The second maenianum. 
M'", The third maenianum, elevated considerably 

above the preceding one, and appropriated to the 

pullati. 
"W, The colonnade, or gallery, which contained 

seats for women. 
Z, The narrow gallery round the summit of the in- 



(Saturn., vi.. 4.) — 2. (Lucan, be., 808.^ 

53 



AMPHORA. 



A.MPYX. 



lerior, for the attendants who woiKed the vela- 
rium. 
pr, pr, The praeeinctiones, or landings, at the top 
of the first and second msenianum, in the pave- 
ment of which were grated apertures, at inter- 
vals, to admit light into the vomitoria beneath 
them. 
V V V V, Vomitoria. 

G G G, The three external galleries through the 
circumference of the building, open to the arcades 
of the first three orders of the exterior. 
g g, Inner gallery. 

Owing to the smallness of the cut, the situation 
and arrangement of staircases, &c, are not express- 
ed, as such parts could hardly be rendered intelligi- 
ble except upon a greatly increased scale, and then 
not in a single section, nor without plans at various 
levels of the building. 

For an account of the games of the amphitheatre, 
see Gladiatores. 
AMPHISBETE'SIS. {Vid. Hereditas.) 
AMPHFSTOMOS. {Vid. Ancora.) 
AMPHOMO'SIA. {Vid. AMPHIORKIA.) 
AM'PHORA (in Greek afiqopevc, or in the full 
form, as we find it in Homer, afiyidopevg 1 ), a vessel 
used for holding wine, oil, honey, &c. 

The following cut represents amphorae from the 
Townley and Elgin collections in the British Mu- 
seum. They are of various forms and sizes ; in 
general they are tall and narrow, with a small 
neck, and a handle on each side of the neck 
(whence the name, from afifyl, on both sides, and 
6epu, to carry,) and terminating at the bottom in a 
point, which was let into a stand or stuck in the 
ground, so that the vessel stood upright: several 
amphorae have been found in this position in the 
cellars at Pompeii. Amphorae were commonly 
made of earthenware ; Homer mentions amphorae 
ot gold and stone, and the Egyptians had them of 
brass • glass vessels of this form have been found 
at Pompeii. The name of the maker or of the 




place where they were made was sometimes stamp- 
ed upon them ; this is the case with two in the El- 
gin collection, Nos. 238 and 344. The most com- 
mon use of the amphora, both among the Greeks 
and Romans, was for keeping wine. The cork was 
covered with pitch or gypsum, and (among the Ro- 
mans) a label {pittacium) was attached to the am- 
phora, inscribed with the names of the consuls under 
whom it was filled. The following cut represents 
the mode of filling the amphora from a wine-cart, 
and is taken from a painting on the wall of a house 
at Pompeii. 




1 dl.,xjriii, VO -OJ., x , !64, 204.— Schol. in Apoll. Rhod., 
ir., 1187.) 

54 



The amphora was also used for keeping oil, too*- 
ey, and molten gold. A remarkable discovery, made 
at Salona in 1825, proves that amphorse were used 
as coffins. They were divided in half, in the direc- 
tion of the length, in order to receive the remains, 
and the two halves were put together again, and 
buried in the ground ; they were found containing 
skeletons. 1 

There is in the British Museum (room VI.) a 
vessel resembling an amphora, and containing the 
fine African sand which was mixed with the oil 
with which the athletae rubbed their bodies. It 
was found, with seventy others, in the baths of Ti- 
tus, in the year 1772. ' The amphora occurs on the 
coins of Chios, and on some silver coins of Athens. 

The Greek ap.<popevc and the Roman amphora 
were also names of fixed measures. The afifc- 
pevc, which was also called fierprjT^g and tcados, wa3 
equal to 3 Roman urnae=8 gallons 7365 pints, im- 
perial measure. The Roman amphora was two 
thirds of the a/xQopevc, and was equal to 2 urnae =r 
8 congii=5 gallons 7-577 pints ; its solid content 
was exactly a Roman cubic foot. A model am- 
phora was kept in the Capitol, and dedicated to 
Jupiter. The size of a ship was estimated by am- 
phorae ; and the produce of a vineyard was reckon- 
ed sometimes by the number of amphorae it yielded, 
and sometimes by the culms of twenty amphorae. 

AMPHO'TIDES. {Vid. Pugilatus.) 

AMPLIA'TIO. {Vid. Judicium.) 

AMPUI/LA QjkvOoc, (3o/u6vlioc), a bottle. 

The Romans took a bottle of oil with them to tne 
bath for anointing the body after bathing. They 
also used bottles for holding wine or water at their 
meals, and occasionally for other purposes. These 
bottles were made either of glass or earthenware, 
rarely of more valuable materials. 

The dealer in bottles was called ampullarius, and 
part of his business was to cover them with leather 
{corium). A bottle so covered was called ampulla 
rubida. 2 

As bottles were round and swollen like a bladder, 
Horace metaphorically describes empty and turgid 
language by the same name : 

" Projicit ampullas et sesquipedalia verba." 3 
" An tragica desavit et ampullatur in arte?"* 

Bottles of both glass and earthenware are pre- 
served in great quantities in our collections of anti- 
quities, and their forms are very various, though al- 
ways narrow-mouthed, and generally more or jess 
approaching to globular. 

AMPYX, AMPYKTER, (ufirrvZ, afnrvnr7}p*, 
{frontale), a frontal. 

This was a broad band or plate of metal, which 
ladies of rank wore above the forehead as part of 



1. (Steinbuchel's Alterthum.,p. 67.)— 2. (Plaue., Rud., iii., 4, 
51, and Stich., i., 3, 77, compared with Festus, s. v. Rubida.)— 
3. (Ep. ad Pis., 97.)— 4. (Epist. I., iii., 14.) 



AMULETUM. 



AMOMOJtf. 



the heaidreas. 1 Hence it is attributed to the female 
divinities. Artemis wears a frontal of gold ; a and 
the epithet xp V( ^ ll f jl7TVKE C is applied by Homer, He- 
siod, and Pindar to the Muses, the Hours, and the 
Fates. From the expression rdv Kvava/iirvKa QfjOav 
in a fragment of Pindar, we may infer that this or- 
nament was sometimes made of blue steel (tcvavog) 
instead of gold ; and the scholiast on the above-ci- 
ted passage of Euripides asserts that it was some- 
times enriched with precious stones. 

The frontal of a horse was called by the same 
name, and was occasionally made of similar rich 
materials. Hence, in the Iliad, the horses which 
draw the chariots of Juno and of Mars are called 
Xpvadfj.7rvKeg. Pindar 3 describes the bridle with a 
golden frontal (xpvadfnrvKa ^aAivov), which was 
given to Bellerophon to curb the winged horse Peg- 
asus. 

The annexed woodcut exhibits the frontal on the 
head of Pegasus, taken from one of Sir William 
Hamilton's vases, in contrast with the correspond- 
ing ornament as shown on the heads of two fe- 
males in the same collection. 





Frontals were also worn by elephants.* Hesy chi- 
li* supposes the men to have worn frontals in Lydia. 
They appear to have been worn by the Jews and 
other nations of the East. 6 

AMULETUM (Kepta-rov, Tvepia/ifia, df/la/cr?/- 
Qiov), an amulet. 

This word in Arabic (Hamalef) means that which 
is suspended. It was probably brought by Arabian 
merchants, together with the articles to which it 
was applied, when they were imported into Europe 
from the East. It first occurs in the Natural His- 
tory of Pliny. 

An amulet was any object — a stone, a plant, an 
artificial production, or a piece of writing — which 
was suspended from the neck, or tied to any part of 
the body, for the purpose of counteracting poison, 
curing or preventing disease, warding off the evil 
eye, aiding women in childbirth, or obviating calam- 
ities and securing advantages of any kind. 

Faith in the virtues of amulets was almost univer- 
sal in the ancient world, so that the whole art of 
medicine consisted in a very considerable degree 
of directions for their application ; and in propor- 
tion to the quantity of amulets preserved in our col- 
lections of antiquities, is the frequent mention of 
them in ancient treatises on natural history, on the 
practice of medicine, and on the virtues of plants 
and stones. Some of the amulets in our museums 
are merely rough, unpolished fragments of such 
stones as amber, agate, carnelian, and jasper; oth- 
ers are wrought into the shape of beetles, quadru- 
peds, eyes, fingers, and other members of the body. 
There can be no doubt that the selection of stones, 
cither to be set in rings or strung together in neck- 
laces, was often made with reference to their repu- 
ted virtues as amulets. 



1. (IL, xxii., 468-470.— JEschyl., Suppl., 434.— Theocrit., i., 
33.)— 2. (xpvffcav SfiirvK/t. Eu'rip., Tie--,., 464.) — 3. (Olymp., 
xiii., 92.) — 4. (Liv., xxxvri., 40.) — 5. (s v. Avdito N<5/iw.) — 6. 
(Deut., vi., 8 ; xi., 18.) 



The following passages may ext riplify the use of 
amulets in ancient times. Pliny 1 says, that any 
plant gathered from the bank of a brook qr river 
before sunrise, provided that no one sees the person 
who gathers it, is considered as a remedy for tertian 
ague when tied (adalligata) to the left arm, the pa- 
tient not knowing what it is; also, that a person 
may be immediately cured of the headache by the 
application of any plant which has grown on the 
head of a statue, provided it be folded in the shred 
of a garment, and tied to the part affected with a 
red string. Q,. Serenus Sammonicus, in his poem 
On the art of healing, describes the following charm, 
which was long celebrated as of the highest repute 
for the cure of various diseases : Write abracadabra 
on a slip of parchment, and repeat the word on oth- 
er slips, with the omission of the last letter of each 
preceding slip, until the initial A alone remains. 
The line so written will assume the form of an 
equilateral triangle. Tie them togetner, and sus- 
pend them from the neck of the patient b\ means of 
linen thread. 

According to the scholiast on Juvenal, 2 athletes 
used amulets to ensure victory (niceteria phylacteria), 
and wore them suspended from the neck ; and we 
learn from Dioscorides 3 that the efficacy of these 
applications extended beyond the classes of living 
creatures, since selenite was not only worn by wom- 
en, but was also tied to trees, for the purpose of ma- 
king them fruitful. 

Consistently with these opinions, an acquaintance 
with the use of amulets was considered as one of 
the chief qualifications of nurses. If, for example, 
an attempt was made to poison a child, if it was in 
danger of destruction from the evil eye, or exposed 
to any other calamity, it was the duty of the nurse 
to protect it by the use of such amulets as were 
suited to the circumstances.* 

From things hung or tied to the body, the term 
amulet was extended to charms of other kinds. 
Pliny 5 having observed that the cyclamen was cul- 
tivated in houses as a protection against poison, 
adds the remark, Amuletum vocant. The following 
epigram by Lucillius contains a joke against an un- 
fortunate physician, one of whose patients, having 
seen him in a dream, "awoke no more, even though 
he wore an amulet :" 

'Epjuoyevn rdv larpbv Iddv AioQavroc; kv inrvoic 
Ovtc er' avnyepdrj, Kal Tcepiapi/iia <j>epuv. 

*AMYG'DALUS (vftvyda^), the Almond-tree, 
or Amygdalus communis. The Almond-tree is a na- 
tive of Barbary, whence it had not been transferred 
into Italy down to the time of Cato. It has, how- 
ever, been so long cultivated all over the south of Eu- 
rope, and the temperate parts of Asia, as to have 
become, as it were, naturalized in the whole of the 
Old World from Madrid to Canton. For some re- 
marks on the Amygdalus Persica, or Peach, vid. 
Persica. 6 

*AMG'MON (duufiov), a plant, and perfume, with 
regard to which both commentators and botanical 
writers are very much divided in opinion. Scaliger 
and Cordus make it the Rose of Jericho (Rosa, Hie- 
richuntica of Bauhin ; Anastatica hierichunlica of Lin- 
naeus ; Bnnias Syriaca of Gartner) ; Gesner takes it 
for the Pepper of the gardens (the Solanum baceiferum 
of Tournefort); Caesalpinus is in favour of the Piper 
Cubeba ; and Plukenet and Sprengel, with others, of 
the Cissus vitiginea. The most probable opinion is 
that advanced by Fee, who makes the plant in ques- 
tion the same with our Amomum racemosum. The 
Romans obtained their amomum from Syria, and it 
came into the latter country by the overJand trade 
from India. 7 It is said to have been used by the 
Eastern nations for embalming; and from this word 

1. (H. N., xxiv., 19.)— 2. (Hi., 68.)— 3. (Lib. v.)— 4. (Horn., 
Hvmn. in Cer., 227.— Oiph., Lith., 222.)— 5. (Plin., H. N., xxv., 
9.)— 6. (Dioscor., i., 176.)— 7. Fee, Flore rte Virgile, p. 16.) 

55 



ANACRIS1S. 



ANAGYRIS 



some have derived, though by no means correctly, 
the term mummy. The taste of the grains of amo- 
mum is represented by Charras as tart, fragrant, 
very aromatic, and remaining a good while in the 
mouth. 1 The name amomum is supposed to come 
from the Arabic hhamama, the ancient Arabians 
having been the first who made this aromatic known 
tc the Greeks. The root of the Arabic term has 
n/erence to the warm taste peculiar to spices. The 
cirdamums, grains of Paradise, and mellagetta pep- 
y> ii of the shops, a class of highly aromatic pungent 
seeds, are produced by different species of amomum, 
an botanists now employ the term. 2 

ANA'BOLEUS (dvadoXevg). As the Greeks were 
anacquainted with the use of stirrups, they were ac- 
customed to mount upon horseback by means of a 
slave, who was termed dvatoTievg (from uvaddX- 
?>eiv 3 ). This name was also given, according to 
some writers, to a peg or pin fastened on the spear, 
which might serve as a resting-place to the foot in 
mountiD? *he horse. 4 

ANAKALUPTE'RIA. (Vid. Marriage.) 

ANAKEIA or ANAKEFON (dvdneia or uvd- 
ksiov), a festival of the Dioscuri, or "Ava/crec, as 
they were called, at Athens. Athenaeus 5 mentions 
a temple of the Dioscuri, called 'AvuKreiov, at Ath- 
ens ; he also informs us 6 that the Athenians, prob- 
ably on the occasion of this festival, used to prepare 
for these heroes in the Prytaneum a meal consist- 
ing of cheese, a barley-cake, ripe figs, olives, and 
garlic, in remembrance of the ancient mode of liv- 
ing. These heroes, however, received the most 
distinguished honours in the Dorian and Achaean 
states, where it may be supposed that every town 
celebrated a festival" in their honour, though not un- 
der the name of 'Avu/ceia. Pausanias 7 mentions a 
festival held at Amphissa, called that of the dvdnruv 
naidov ; but adds that it was disputed whether 
they were the Dioscuri, the Curetes, or the Cabiri. 
(See Dioscuria.) 

ANAKEI'MENA. (Vid. Donaria.) 

ANAKLETE'RIA (dvanlrjTripia) was the name 
of a solemnity at which a young prince was pro- 
claimed king, and at the same time ascended the 
throne. The name was chiefly applied to the ac- 
cession of the Ptolemaic kings of Egypt. 8 The 
prince went to Memphis, and was there adorned by 
the priests with the sacred diadem, and led into the 
Temple of Phtha, where he vowed never to make 
any innovations either in the order of the year or 
of the festivals. He then carried to some distance 
the yoke of Apis, in order to be reminded of the 
sufferings of man. Rejoicings and sacrifices con- 
cluded the solemnity. 9 

ANAKOM'IDE (uvaKOfiidv). When an individual 
had died in a foreign country, it was not unusual 
for his fellow-citizens or relatives to remove his 
ashes or body to his own country, which was called 
avaKOfud}]. Thus the dead body of Theseus was 
removed from Scyros to Athens, and that of Aris- 
tomenes from Rhodes to Messenia. 

ANA'CRISIS (uvdicpiGL^), the pleadings prepara- 
tory to a trial at Athens, the object of which was to 
determine, generally, if the action would lie (k^erd- 
£ovat de nal el oAcjc eiadyeLv XPW)- 10 The magis- 
trates were said uvanpiveiv ttjv dUrjv, or rovq dv- 
TidUuv;, and the parties dvaicpivEodai. The pro- 
cess consisted in the production of proofs, of which 
there were five kinds : 1. the laws • 2. written doc- 
uments, the production of which, by the opposite 
party, might be compelled by a 6cktj elg e^avuv 
KardoTaciv ; 3. testimonies of witnesses present 
i fiapTvplai), or affidavits of absent witnesses (e/c- 



1. (Royal Pharmacop., p. 139.)— 2. (Fee, 1. c.)— 3. (Xen., De 
Re Eq., vi., 12.— Id, Hipp., i., 17.— Appian., Pun., 106.)— 4. 
(Xen., De Re Eq., vii., 1.)— 5. (vi., p. 235.)— 6. (iv., p. 137.)— 
7. (x., 38, 3.)— 8. (.?olyb., Reliq., xvin., 38; xxviii., 10.)— 9. 
CDiod. Sic, Frag., lib. xxx.)— 10. (Harpocrat , ». v.) 
5fi 



/aprvpiai) ; 4. depositions of slaves extorted by the 
rack; 5. the oath of the parties. 1 All these proofs 
were committed to writing, and placed in a box se- 
cured by a seal (e^ZVoc 2 ) till they were produced at 
the trial. The name dvuKpioig is given to the plead- 
ings, considered expressly as a written document in 
Isaeus. 3 If the evidence produced at the anacrisis 
was so clear and convincing that there could not 
remain any doubt, the magistrate could iecide tnc 
question without sending the cause to be tried be- 
fore the dicasts : this was called dtafxaprvpla. In 
this case, the only remedy for the person against 
whom the decision was given, was to bring an ac- 
tion of perjury against the witnesses (ipevdofiapru- 
ptiv dinrj). These pleadings, like our own, were 
liable to vexatious delays on the part of the liti- 
gants, except in the case of actions concerning mer- 
chandise, benefit societies, mines, and dowries, which 
were necessarily tried within a month from the com- 
mencement of the suit, and were therefore called 
ep:fj.7jvoi diiccu. The word dvaKptatg is sometimes 
used of a trial in general {fitjd' elc dytcpioiv eldeiv.*) 
The archons were the proper officers for the dvd- 
Kpicng : they are represented by Minerva, in the 
Eumenides of JEschylus, where there is a poetical 
sketch of the process in the law courts. 3 {Vid. 
Antigraphy, Antomosia.) For an account of the 
dvuKpuug, that is, the examination which each ar- 
chon underwent previously to entering on office, 
see the article Archon. 

ANADIK1A. {Vid. Appellatio.) 

*ANAGALLTS {dvayaXkiq), a plant, of which 
Dioscorides and Galen describe two species, the 
male and the female, as distinguished by their flow- 
ers, the former having a red flower, and the latter a 
blue. These are evidently the Anagallis Arvensis 
and Ccerulea, the Scarlet and Blue Pimpernels. 6 

ANAGNOS'TES. (Vid. Acroama.) 

ANATflTHS AI'KH (dvayoyrjg dinrj). If an in- 
dividual sold a slave who had some secret disease 
— such, for instance, as epilepsy — without informing 
the purchaser of the circumstance, it was in the 
power of the latter to bring an action against the 
vendor within a certain time, which was fixed by 
the laws. In order to do this, he had to report 
(avdyeiv) to the proper authorities the nature of the 
disease, whence the action was called dvayoyf/g 
6lktj. Plato supplies us with some information on 
this action; but it is uncertain whether his remarks 
apply to the action which was brought in the Athe- 
nian courts, or to an imaginary form of proceed- 
ing. 7 

ANAGO'GIA (dvayuyta), a festival celebrated at 
Eryx, in Sicily, in honour of Aphrodite. The in- 
habitants of the place believed that, during this fes- 
tival, the goddess went over into Africa, and that all 
the pigeons of the town and its neighbourhood like- 
wise departed and accompanied her. 8 Nine days 
afterward, during the so-called Karayuyia (return), 
one pigeon having returned and entered the temple, 
the rest followed. This was the signal for general 
rejoicing and feasting. The whole district was 
said at this time to smell of butter, which the in- 
habitants believed to be a sign that Aphrodite had 
returned. 9 

*ANAG'YRIS (avdyvptc), a shrub, which Nican- 
der 10 calls "the acrid Onogyris." It is the Anagy- 
risfetida, L., or Fetid Bean-trefoil. Hardouin says 
its French name is Bois puant. According to La- 
mark, it is a small shrub, having the port of a Cy ti- 
sus, and rising to the height of five or seven feet. 11 

1. (Aristot., Rhet.,L, rv., 2.)— 2. (Schol. in Aristoph., Vesp., 
1436.)— 3. (De Aristarch. Haired., p. 79, 11.)— 4. (JEschyl., 
Eumen., 355.) — 5. (Muller, Eumeniden, t) 70.)— 6. (Dioscor., 
ii., 209.— Adams, Append., s. \.)~ 7. (Plato, Legg., xi., 2, p 
916. — Ast in Plat., 1. c.— Meier, Att. Process, p. 525.) — 8 
(^Elian, V. H., i., 14.— Athenaeus, ix., p. 394.)— 9. (Athsnaeui, 
ix., p. 395.)— 10. (Theriac., 71 )— 1 1. (Dioscor , in . 158.— A* 
ams, Append., s. v ) 



ANCILE 



ANCILE. 



ANA'RRHUSIS. (Vid. Apaturia.) 
*ANAS (vrjooa or vjjrra), the genus Duck. The 
indents must have been well acquainted with many 
species of Duck; but, from the brief notices they 
have given of them, we have now great difficulty 
in recognising these. 1. The (3ogkuc is described 
by Aristotle 1 as being like the vijaaa, but a little 
smaller ; it may therefore be supposed a mere va- 
riety of the Arms Boscas, or Wild Duck. 2. The 
Qucrquedula of Varro is referred by Turner to the 
^pe;ies of duck called Teal in England, namely, 
the Anas crecca, L. 3. The Tinve?>oip, which is enu- 
merated by Aristotle 2 among the smaller species of 
<eese, was probably a duck, as Gesner suggests. 
It may therefore be referred to the Anas Penelops, 
L., or Widgeon. (In modern works on Natural 
History it is incorrectly written Penebpe.') 4. The 
ppsvdoc of Aristotle and iElian, and fipivdoc of 
Phile, although ranked with ducks by Aristotle and 
Pliny, was probably the Anser Brenta, or Brent 
Goose. 5. The ^vaAcjTny^ of Aristotle 3 and of 
iElian* is held to be the Anas Bernicula, or Bernicle 
Goose, by Eliot. Schneider and Pennant, however, 
prefer the Anas Tadorna, or Shelldrake. 6. The 
Sacred Goose of Egypt was a particular species, 
the Anas JEgyptiaca, allied to the Bernicle, but dis- 
tinguished by brighter plumage, and by small spurs 
on its wings. 5 
ANATHE'MATA. (Vid. Donaria.) 
ANATOCIS'MUS. (Vid. Interest on Money.) 
ANATMAX'IOT TPA4>H (uvavfiaxiov ypayn) was 
an impeachment of the trierarch who had kept 
aloof from action while the rest of the fleet was en- 
gaged. From the personal nature of the offence, 
and the punishment, it is obvious that this action 
could only have been directed against the actual 
commander of the ship, whether he was the sole 
person appointed to the office, or the active partner 
of the perhaps many ovvte~acIc, or the mere con- 
tractor (6 fiicOuadfievog). In a cause of this kind, 
the strategi would be the natural and official judges. 
The punishment prescribed by law for this offence 
was a modified atimia, by which the criminal and 
his descendants were deprived of their political 
franchise, but, as we learn from Andocides, were 
allowed to retain possession of their property. 6 

ANAXAGOHEFA ('Avatjayopeia), a day of rec- 
reation for all the youths at Lampsacus, which 
took place once every year, in compliance, it was 
said, with a wish expressed by Anaxagoras, who, 
after being expelled from Athens, spent here the re- 
mainder of his life. This continued to be observed 
even in the time of Diogenes Laertius. 7 

♦ANAX'URIS, a species of Dock; the Rumez 
divaricatus according to Sprengel. 8 

*ANCHU'SA (ayxovaa), the herb Alkanct. Four 
kinds of alkanet are described by Dioscorides 9 and 
Galen. 10 With regard to the first, Sprengel hesi- 
tates between the Anchusa tinctoria and Lithosper- 
mum tinctorium; the second is the Echium Itali- 
cum, Sibthorp ; the third, or Alcibiades, the Echium, 
diffusum ; and the fourth, or Lycopsis, the Lithosper- 
mum fruticosum. This is a plausible account of 
tV:e ayxovaa of Dioscorides, but is not unattended 
with difficulties. That of Theophrastus 11 seems in- 
disputably to be the Anchusa tinctoria. The Anchusa 
tempervirens does not seem to be described by any 
ancient author. 19 
ANCI'LE, Lie sacred shield carried by the Sain. 
According to Plutarch, 13 Dionysius of Halica.-- 
nassus, 1 * and Festus, 15 it was made of bronze, and 
its form was oval, but with the Jwo sides receding 
Inward with an even curvature, and so as to make 

I. (H. A., viii., &)— 2. (H. A., viii., 5.)— 3. (H. A., viii., 5.)— 
4. (N. A V., 30.)— 5. (Adams, Append., s. V.)— 6. (De Myst., 
40, Zurich ed., 1838.— Petit, Leg. An., 667.)— 7. (Anaxag., c. 
10.)— 8. (Dioscor., ii., 140.)— 9. (iv., 23.)— 10. (De Simpl., v.)— 
11. (H. P., vii., 9.)— 12. (Adams, Append., s. v.)--13. (Vit. 
Num.)— 14. (Ant., ii.)— 15 (s. v. Mamur. Vetur.) 



it broader at the ends than in the middle. Its :mar« 
is exhibited in the following woodcut. 

The original ancile was found, according to tra- 
dition, 1 in the palace of Numa ; and, as no human 
hand had brought it there, it was concluded that it 
had been sent from heaven, and was an o-kaov 6io- 
Tceric. At the same time, the haruspices declared 
that the Roman state would endure so long as this 
shield remained in Rome. To secure its preserva- 
tion in the city, Numa ordered eleven other shields, 
exactly like it, to be made by the armorer Mamu- 
rius Veturius; and twelve priests of Mars Gradivus 
were appointed under the denomination of Salii, 
whose office it was to preserve the twelve ancilia. 
They were kept in the temple of that divinity on the 
Palatine Mount, and were taken from it only once 
a year, on the calends of March. The feast of the 
god was then observed during several days, when 
the Salii carried their shields about the city, singing 
songs in praise of Mars, Numa, and Mamurius 
Veturius, and at the same time performing a dance, 
which probably, in some degree, resembled our mor- 
ris-dances, and in which they struck the shields with 
rods, so as to keep time with their voices and with 
the movements of their dance. The accompanying 
figure shows one of these rods, as represented on 
the tomb of a Pontifex Salius, or chief of the Salii. 3 
Its form, as here exhibited, both illustrates the man- 
ner of using it, and shows the reason why different 
authors call it by different names, as kyxeip:6iov, 
Aoyxv, pdddoc, virga. 



anS£> 




Besides these different names of the rod, whica 
was held in the right hand, we observe a similar 
discrepance as to the mode of holding the shield. 
Virgil, describing the attire of Picus, a mythical 
king of Latium, says he held the ancile in his left 
hand (Itzvaque ancile gerebat 3 ). Other authors rep- 
resent the Salii as bearing the ancilia on their necks 
or on their shoulders.* These accounts may be rec- 
onciled on the supposition advanced in the article 
JEgis, that the shield was suspended by a leathern 
band (Jorum 6 ) proceeding from the right shoulder, 
and passing round the neck. That the weight of 
the ancile was considerable, and that the use of it 
in the sacred dance required no small exertion, is 
apparent from Juvenal's expression, " sudavit cly- 
peis ancilibus."' 

Besides the Salii, who were men of patrician fam- 
ilies, and were probably instructed to perform theii 
public dances in a graceful as well as animated 
manner, there were servants who executed inferior 
offices. An ancient gem in the Florentine cabinet, 
from which the preceding cut has been copied, rep- 
resents two of them carrying six ancilia on their 
shoulders, suspended from a pole; and the repre- 
sentation agrees exactly with the statement of Dio- 
nysius of Halicarnassus, neArac virnpirat, ypryiit- 

Vac UTTO KavOVUV KO[ii^OV(JL 



1. (Dionys., 1. c— Plut., 1. c— Florus, i., 2.— Serv. in JEu., 
viii., 664.)— 2. (Grater, Inscr., p. cccclxiv., note 3.) — 3. (JEn., 
vii., 187.)— 4. (Slat., Svlv., ii., 129.— Lucan, i., 603 ; ix., 460.— 
Lactaut., De Fals. Rcl., i., 21.)— 5 (Juv., ii., 125.)— 6. (ii., 126.J 



ANCORA. 



ANDROGEONIA. 



During the festival, and so long as the Salii con^ 
tiimed to cany the ancilia, no expedition could be 
undertaken. It was thought ominous to solemnize 
marriages at that time, or to engage in any under- 
taking of great importance. 1 

When war was declared, the ancilia were purpose- 
ly shaken in their sacred depository. 2 But it is al- 
leged that, towards the close of the Cimbric war, they 
rattled of their own accord. 3 

AN' CORA (dyicvpa), an anchor. 

The anchor used by the ancients was, for the most 
part, made of iron, and its form, as may be seen from 
the annexed figure, taken from a coin, resembled that 
of the modern anchor. The shape of the two ex- 
tremities illustrates the unco morsu and dente tenaci 
of Virgil. 4 Indeed, the Greek and Latin names them- 
selves express this essential property of the anchor, 
being allied to dyicvXog , dyKwv, angulus, uncus, &c. 




The anchor, as here represented and as common- 
ly used, was called bidens, dnrXf), d[i<pi€o\og, or d/x- 
QiaTo/iog, because it had two teeth or flukes. Some- 
times it had one only, and then had the epithet ire- 
poarojxog. The following expressions were used for 
the three principal processes in managing the an- 
chor : 

Ancoram solvere, aytzvpav xaXav, to loose the an- 
chor. 

Ancoram jacere, fidWeiv, p'nrrsiv, to cast anchor. 

Ancoram toller e, a'ipuv, dvaipeiuOai, dvaaivdaQai, 
to weigh anchor. 

Hence a'lpeiv by itself meant to set sail, ayicvpav 
being understood. 

The qualities of a good anchor were not to slip, or 
lose its hold, and not to break, i. e., to be da^aXrj re 
Kai f3e€aiav. 5 

The following figure, taken from a marble at Rome, 
shows the cable (funis) passing through a hole in the 
prow (oculus). 




We may suppose the anchor to be lying on the 
deck, in the place indicated by the turn of the ca- 
ble ; and if the vessel be approaching the port, the 
steps taken will be as Virgil describes : 

" Obvertunt pelago proras ; turn dente tenaci 
Ancora fundabat naves, et litora curvaz 
Proztexunt puppes." 6 
And 

" Ancora de prora jacitur, stant litore puppes.^" 1 

The prow being turned towards the deep sea (pe- 

1. (Ovid, Fast., Hi., 393.)— 2. (Serv. in yEn., vii., C03 ; viii., 
3.)— 3. (Jul. Obsequens, De Prodig — Liv., Epit.,G8.)— 4. (JEn., 
i.,169; vi., 3.)— 5. (Heb.,vi.,19.)— 6. (^En.,vi.,3-5.)— 7.(^En., 
iii.,277; vi.,901.) 
58 



lago) and the stern towards the land, the latter ex- 
tremity is fixed upon the shore (stat litore), so that 
the collected ships, with their aplustria, adorn it, as it 
were, with a fringe or border (prcetexta). The prow 
remains in the deeper water, and therefore the an- 
chor is thrown out to attach it to the ground (fun- 
dare). 

When a ship was driving before the wind, and in 
danger of foundering upon shoals, its course would 
be checked by casting anchor from the stern. This 
was done when Paul was shipAvrecked at Melite. 1 
Four anchors were dropped on that occasion. Athe- 
naeus 2 mentions a ship which had eight iron anchors. 
The largest and strongest anchor, the "last hope" of 
the ship, was called lepd : and, as it was only used in 
the extremity of danger, the phrase " sacram an- 
coram solvere" was applied to all persons similarly 
circumstanced. 

To indicate the place wherje the anchor lay, a 
bundle of cork floated over it, on the surface of the 
water, 3 being attached, probably, to the ring which, 
in the preceding figure, is seen fixed to the bottom 
of the shank ; and we may conjecture that the rope 
tied to that ring Avas also used in drawing the fluke 
out of the ground previously to weighing anchor. 

In the heroic times of Greece, it appears that an- 
chors were not yet invented : large stones, called 
evvai (sleepers), were used in their stead. 4 Even 
in later times, bags of sand, and baskets filled with 
stones, were used in cases of necessity. According 
to Pliny, 5 the anchor was first invented by Eupala- 
mus, and afterward improved by Anacharsis. 

* ANDRAPHAX'YS (dvdpdQa&g or drpd^vg), 
an herb, the same with our Atriplex hortensis, ac- 
cording to Sprengel, Stackhouse, and Dierbach, who 
agree in this with the earlier commentators. All 
the ancient authorities, from Dioscorides to Macer, 
give it the character of an excellent pot-herb. It is 
still cultivated in some gardens as a culinary herb ; 
its English name is Orach. 6 

* ANDRACH'NE, Purslane, or Portulaca olera- 
cea, L. 7 

ANAPAnOAIS'MOT or ANAPAII0AI2'EQ2 
rPA$'H (dvdpa7rodi<Tfxov or dvdpa7ro8i<7£U)g ypacpt)) 
was an action brought before the court of the eleven 
(oi 'ivdeKa), against all persons who carried off slaves 
from their masters, or reduced free men to a state 
of slavery. The grammarians mention an oration 
of Antiphon on this subject, which has not come 
down to us. 8 

ANAPAII'OAQN AIKH (dvSpaTroSiov 8iicn) was 
the peculiar title of the SiaSiicaoia when a property 
in slaves was the subject of contending claims. The 
cause belonged to the class of diicai 7rpog Tiva, and 
was one of the private suits that came under the 
jurisdiction of the thesmothetce. It is recorded to 
have been the subject of a lost speech of Dinarchus, 9 
and is clearly referred to in one still extant of De- 
mosthenes. 10 

ANDREI' A. (Vid. Syssitia.) 

*ANDRO'DAMAS, one of Pliny's varieties of 
haematite. (Vid. AIMATITH2.) It was of a black 
colour, of remarkable weight and hardness, and at- 
tracted silver, copper, and iron. When divested of 
its fabulous properties, it appears to have been mag- 
netic oxide of iron. 11 

ANDROGEO'NIA (AvSpoyeuvia), a festival with 
games, held every year in the Ceramicus at Athens, 
in honour of the hero Androgeus, son of Minos, 
who had overcome all his adversaries in the festive 



1. (Acta, xxvii., 29.)— 2. (Athenseus, v., 43.)— 3. (Paus., viii., 
12.— Plin., H. N., xvi., 8.)— 4. (See II., i., 43G ; xiv., 77 — Od., 

ix., 137; xv., 498 Apollon. Khod., i., 1277.)— 5. (vii., 57.)— 6. 

(Dioscor., ii., 145. — Theophrast., H. P., i., 18. — Adams, Ap- 
pend., s. v.)— 7. (Theophrast., H. P., i., 15; iii., 4, &c— Dios- 
cor., ii., 150.)— 8. (Bekker, Anecdot. Gr., i., 352.)— 9. (Pro Lys- 
iclide.)— 10. (c. Aphob., i.,821, 1. 7.)— 11. (Moore's Anc. Miner- 
alogy, p. 131.) 



AM7-THUM. 



ANNALES 



$nines of the Panathcu&a, and was afterward kilied 
by order of JEgeus. 1 According to Hesychius, the 
hero also bore the name of Eurygyes (the possessor 
at extensive lands), and under this title games were 
celebrated in his honour, 6 £7r' Evpvyvr/ dyuv. 

ANDROLEPS'IA or ANDROLEPS'ION (iv- 
ipo?.7jt}.ua or uvdpo?i7Jibiov), the right of reprisals, a 
custom recognised by the international law of the 
Greeks, that, when a citizen of one state had killed 
i citizen of another, and the countrymen of the for- 
mer would not surrender him to the relatives of the 
Jeceased, it should be lawful to seize upon three, 
md not more, of the countrymen of the offender, 
and keep them as hostages till satisfaction was af- 
forded, or the homicide given up. 3 The trierarchs 
and the commanders of the ships of war were the 
peioons intrusted with this office. The property 
which the hostages had with them at the time of 
seizure was confiscated, under the name of ovla or 
cvXat.. 3 

*ANDROS.E'MON (avdpduatuov), a species of 
St. John's-wort, but not the Hypericum androseemum 
of modern botanists. Such, at least, is the opinion 
of Sibthorp, who refers it to the H. ciliatum, Lam. 
Stephens and Matthiolus give it the French name 
of Millepertuis* 

»ANDROS'ACES (uvdpoaaKee). Sprengel justly 
pronounces this the " crux exegetarum !" In his 
History of Botany he inclines to the opinion of Go- 
nanus, that it is the Madrcpora acetabulum, a zoo- 
phyte ) a most improbable conjecture. But, in his 
edition of Dioscorides, he prefers the plant named 
Olivia Androsace, Brestol. The avdpooaKec occurs 
in the Materia Medica of Dioscorides, Galen, Ori- 
basius, and Paulus iEgineta. 5 

*ANE.MO'XE {uvEfjiuvr)), the Anemone or Wind- 
rose. Dioscorides describes three species : the first, 
which he calls f/fiepoc, or cultivated, is, according to 
Sprengel, the Anemone coronaria; the second kind, 
denominated aypta, or wild, is the A. stcllata; the 
third kind, with dark leaves, is the A. nemorosa, or 
Wood Anemone. The cultivated kind was very 
variable in the colour of its flowers, these being 
either blue, violet, purple, or white, whereas the 
wild kind has merely a flower of purple hue. This 
may serve to explain the discrepance in the poetic 
legends respecting the origin of the anemone. Ac- 
cording to one account, 6 it sprang from the tears 
shed by Venus for the loss of Adonis when slain 
by the wild boar ; according to another, 7 from the 
blood of Adonis himself. The reference may be, in 
the one case, to the white flower of the wind-rose ; 
in the other, to that of purple hue. The anemone 
has its name from the Greek term uveuoc, " wind." 
The cause of this name's having been given is dif- 
ferently stated. Pliny 8 says that the flower was so 
styled, because it never opens except when the wind 
blows ; Hesychius, 9 because its leaves are quickly 
scattered by the wind. The best explanation, how- 
ever, is the following : the blossoms of the anemone 
contain no distinct calyx, and are succeeded by a 
cluster of grains, each terminated by a long, silky, 
leathery tail. As the species generally grow on 
open plains, or in high, exposed situations, their 
feathery grains produce a singular shining appear- 
ance when waved by the breeze, and hence, no 
doubt, the name of the flower has originated, for it 
means, literally, " Wind-flower ;" and this is the 
appellation actually bestowed upon it by the Eng- 
lish. — Sibthorp found the anemone on Mount Par- 
nassus. 

•ANE'THUM (uv V 6ovl the herb Anise or Dill. 
Sprengel makes the uvydov of Dioscorides and The- 

1. (Dvxl. Sic, iv., 60, 61.)— 2. (Harpocrat., s. v.— Demosth., 
c. Aristwirat., p. 647, 1. 24.)— 3. (Vid. Demosth., Tzcpl rov 5>£0. 
7% TpiTjp«{i\(as, p. 1232, 1. 5.)— 4. (Dioscor., iii., 163.— Adams, 
Append., s. v )— 5. (Adams, Append., s. v.)— 6. (Bion, Id., i., 

M '!~ T -, l ° yia > Met -> 10 > 735 > seqq.)— 8. (H. N., 21, 23.)— 9. (s. 
r. avtfcuvi}.) 



ophrastus the Ancthum graveolens ; but, according 10 
Stackhouse, the uvrjdov of Theophrastus is the A 
liortensc, or Garden Dill. 1 

ANGOTHE'KE (iiyyoBi)Kri). (Vid. Incitega.) 

*ANGUILL'A (fy^fAuc), the Murana angmlla, 
L., or Eel. {Vid. Concer and Mur^ena.) Vol- 
umes have been written respecting the mode of 
reproduction on the part of eels. Aristotle believed 
that they sprang from the mud ; Pliny, from frag- 
ments which they separated from their bodies by 
rubbing them against the rocks ; others of the an- 
cient writers supposed that they came from the 
carcasses of animals. The truth is, that eels couple 
after the manner of serpents ; that they form eggs, 
which, for the most part, disclose in their belly ; and 
that in this case they are viviparous, after the man- 
ner of vipers. 

♦ANGUIS (5<pcc), the Snake. (Vid. Aspis, Dra- 
co, &c.) 

ANGUSTICLA'VII. (Vid. Clavus.) 

*ANFSUM (uvlcov) the Pimpinclla anison, or 
Anise. It is described by Theophrastus, Dioscori- 
des, Galen, and the other writers on the Materia 
Medica. 

ANNA'LES (t. e., annales libri, year-books) were 
records of the events of each year, which were kept 
by the chief pontiff (pontifez mazivius) at Rome, 
from the commencement of the state to the time of 
the chief pontiff Publius Mucius Scsevola (consul 
in 621 A.U.C., 133 B.C."). They were written on a 
white board (album), which the chief pontiff used 
to put in some conspicuous place in his house, that 
the people might have the opportunity of reading 
them. They were called annales mazimi, or annates 
pontificum mazimorum ; a and the commentarii pontifi- 
cum mentioned by Livy 3 are in all probability the 
same. These documents appear to have been very 
meager, recording chiefly eclipses, prodigies, and 
the state of the markets ;* but they were the enly 
historical records which the Romans possessed be- 
fore the time of Fabius Pictor. 5 The greater part 
of those written before the burning of Rome by the 
Gauls, perished on that occasion ; but some frag- 
ments seem to have escaped destruction.' This 
circumstance is a chief cause of the uncertainty of 
the early history of Rome. 7 

In process of time, individuals undertook to write 
portions of the Roman history, in imitation of the 
pontifical annals. 8 The first of these was duintus 
Fabius Pictor, who lived during the second Punic 
War, and wrote the history of Rome from its found- 
ation down to his own time. 9 Contemporary with 
him was Lucius Cincius Alimentus, whose annals 
embraced the same period. 10 Dionysius states that 
both Fabius and Cincius wrote in Greek; but it 
would seem that Fabius wrote in Latin also. 11 
Marcius Porcius Cato, consul in 559 A.U.C., and 
afterward censor, wrote an historical work in 
seven books, which was called " Origines." 13 Au- 
lus Postumius Albinus, consul in 603 A.U.C., wrote 
annals of the Roman history in Greek. 13 Lucius 
Calpurnius Piso Frugi, consul in 621 A.U.C., and 
afterward censor, wrote annals. 1 * duintus Valeri- 
us Antias (about 672 A-XLC") is frequently cited by 
Livy, and contemporary witn him was Caius Li- 
cinius JVTacer. 15 The Roman annalists were Lncius 
Cassius Hemina (A.U.C. 608), Gluintus Fabius 



1. (Dioscor., iii., 60. — Theophrast., H. P., vii., 1.— A Jams, 
Append., s. v.) — 2. (Cic, de Orat., ii., 12. — Id., de Legg., i., 2.) 
—3. (vi., 1.)— 4. (Cato in Aul. Gell., ii., 28.)— 5. (Cic, de 
Le™., i., 2.)— 6. (Liv., i., 6.— Cic, de Rep., i., 16.)— 7. (Nie- 
buhr, vol. i., p. 213.)— 8. (Cic, de Orat., ii., 12.)— 9. (Cic, d« 
Legg., i., 2. — Polvb., i., 14 ; iii., 8, 9. — Dionys., i., 6 ; vii., 71. — 
Liv., i., 44 ; ii., 40.) — 10. (Dionys., i., 6, 74. — Liv., vii., 3 ; xxi., 
38.)— 11. (Cic,de Orat.. ii., 12.— Aul. Gell., x., 15.)— 12. (Cic, 
de Orat., ii., 12. — De Leers'., i., 2. — Liv., xxxix., 40. — Corn. 
Nep., Cato, c 3.)— 13. (Gell., xi., 8.— Cic, Brut., c 21.— Ma- 
crob., Sat. Pncem., i. ; ii., 16.— Plutarch, Cat. Maj.,c 12.)— 14. 
(Cic, de Or* t., ii., 12.— Ep. ad Div., ix., 22.— Vurro, d« Lag. 
Lat., iv., 42.— Dionys.. ii , 38 ; iv., 7.)— 15. (Cic, de fa "f i., 
2.— Liv., vii t 



ANONIS. 



ANT^E. 



Maximus Servilianus (612), Caius Fannius (618), 
Caius Sempronius Tuditanus (625), Lucius Coelius 
Antipater (631), Caius Sempronius Asellio (620), 
and, about the end of the same century, Publius 
Rutilius Rums, Lucius Cornelius Sisenna, and 
duintus Claudius Gluadrigarius. Farther informa- 
tion concerning these writers will be found in Clin- 
ton's Fasti Hellenici, vol. iii. 

The precise difference between the terms annates 
and hisloria is still a matter of discussion. Cicero 
says that the first historical writers among the Ro- 
mans composed their works in imitation of the 
annates maximi, and merely wrote memorials of the 
times, of men, of places, and of events, without 
any ornament; and, provided that their meaning 
was intelligible, thought the only excellence of 
style was brevity j 1 but that, in history, ornament is 
studied in the mode of narration, descriptions of 
countries and battles are often introduced, speeches 
and harangues are reported, and a flowing style is 
aimed at. 2 Elsewhere he mentions history as one 
of the highest kinds of oratory, and as one which 
was as yet either unknown to, or neglected by, his 
countrymen. 3 Aulus Gellius* says that the differ- 
ence between annals and history is, that the former 
observe the order of years, narrating under each 
year all "he events that happened during that year. 
Servius 5 says that history {and tov icropeiv) relates 
to events which have happened during the writer's 
life, so that he has, or might have, seen them ; but 
annals to those things which have taken place in 
former tim ss. The true distinction seems to be that 
which regards the annalist as adhering to the suc- 
cession of time, while the historian regards more 
the succession of events ; and, moreover, that the 
former relates bare facts in a simple, straightfor- 
ward style, while the latter arranges his materials 
with the art of an orator, and traces the causes and 
results of the events which he records. (See a 
paper by Niebuhr in the Rheinisches Museum, ii., 
% p. 283, translated by Mr. Thirlwall in the PhUolo- 
gtcal Museum, vol. ii., p. 661.) 

ANNO'NA (from annus, like pomona from po- 
mum) is used, 1. for the produce of the year in 
com, fruit, wine, &c, and hence, 2. for provisions 
in general, especially for the corn which, in the 
latter years of the Republic, was collected in the 
storehouses of the state, and sold to the poor at a 
cheap rate in times of scarcity ; and which, under 
the emperors, was distributed to the people gratui- 
tously, or given as pay and rewards. 3. For the 
price of provisions. 4. For a soldier's allowance 
of provisions for a certain time. It is used also in 
the plural for yearly or monthly distributions of pay 
in corn, &c. 6 Similar distributions in money were 
called annoncB cerarice. 1 In the plural it also signi- 
fies provisions given as the wages of labour. 8 

Annona was anciently worshipped as the goddess 
who prospered the year's increase. She was repre- 
sented on an altar in the Capitol, with the inscrip- 
tion " Annonae Sanctse iElius Vitalio," &c., 9 as a 
female with the right arm and shoulder bare, and 
the rest of the body clothed, holding ears of corn in 
her right hand, and the cornucopia in her left. 

ANNA'LIS LEX. {Vid. .Ediles, p. 25.) 

AN'NULI. {Vid. Rings.) 

ANNUS. {Vid. Year.) 

*ANO'NIS (avuvic), a plant. Stephens says its 
popular name is Resta bovis, i. e., Rest-harrow. 
Modem botanists have accordingly given the name 
of Anonis antiquorum to the Rest-liarrow of English 
herba.lsf;s. 19 The popular name is derived from the 
circumstance of this plant's stopping the plough, or 
harrow, in its progress, by its stringy roots. 



1. (De Orat., ii., 12.)— 2. (Orator., c. 20.)— 3. (DeLegg.,i., 2.) 
—4. (v., 18.)— 5. (in JEn., i., 373.)— 6. (Cod. Just., i., tit. 48 ; 
i., tit. 16 ; xi., tit. 24.)— 7. (Cod. Theodos., vii., tit. 4, s. 34, 
35, 36.)— & (Salmas. in Lamprid., Alex. Sev., c. 41.)— 9. (Gru- 
Vr. p. 6, n. 10.)— 10. (Dioscor., iii., 17.— Adams, Append., s.v ) 



ANCtUrSITIO. In criminal trials at Rem?, the 
accuser was obliged, after the day for the trial {diet 
dictio) had been fixed, to repeat his charge three 
times against the accused, with the intervention of 
a day between each. 1 The anquisitw was tnat par 
of the charge in which the punishment was speci 
lied. The accuser could, during this repetition of 
the charge, either mitigate 2 or increase the punish* 
ment. 3 After the charge had been repeated three 
times, the proper bill of accusation {rogatio) was 
then first introduced. {Vid. Judicium.) Under the 
emperors, the term anquisitio lost its original mean- 
ing, and was employed to indicate an accusation in 
general ;* in which sense it also occurs even in the 
times of the Republic. 6 

ANSA, the handle of any thing, more particularly 
of a cup or drinking-vessel ; also, the handle of a 
rudder, called by us the tiller. 6 Ennius speaks of 
the ansa or handle of a spear: " Hastis ansatis con- 
currunt undique telisP 1 " Ansatas mittunt e turribus 
hastas."* 

The ansa must have been different from the 
amentum of a spear. Perhaps it was a rest for the 
hand, fixed to the middle of the shaft, to assist in 
throwing it. On this supposition, the hasta ansata 
of Ennius was the same with the ueoaynvTiov or 
66pv ayKvlrjTov of Greek authors. 9 Euripides calls 
the same weapons simply ayicvlac. 10 

Xenophon, speaking of the large arrows of the 
Carduchi, says that his soldiers used them as darts 
(cikovtlocc), by fixing the aynvlr) upon them (haynv- 
Auvreg). 11 Plutarch 12 relates that Alexander the 
Great, observing one of his soldiers to be attaching 
the dyKvXij to his dart {to ukovtlov haytcvTiovuevov), 
obliged him to leave the ranks, for preparing his 
arms at a moment when he ought to have had them 
ready for use. These authorities show that the 
aynvTir) was something fastened to the dart, about 
the middle of the shaft, before the engagement ccm- 
menced. That it was crooked, or curved, may be 
concluded from the term itself; and, if so, it would 
agree with the Latin ansa, a handle, though not with 
amentum, which was a leather thong fastened to 
the same part of the lance. ( Vid. Amentum.) 

*ANSER (jcw), the Goose. Aristotle briefly de- 
scribes two species, the Great and the Small grega- 
rious goose. 13 The latter, no doubt, is the Brent 
Goose, or Anas Bernicula. The other cannot be sat- 
isfactorily determined ; but it is not unlikely that it 
was the Anas anser. Dr. Trail, however, is inclined 
rather to think that it was the Anas jEgyptiaca, or 
Sacred Goose of Egypt. 1 * 

ANTiE {■napaoradcg), square pillars {quadra co- 
lumns, Nonius). They were commonly joined to 
the side walls of a building, being placed on each 
side of the door, so as to assist in forming the por- 
tico. These terms are seldom found except in 
the plural, because the purpose served by anta? 
required that, in general, two should be erected 
corresponding to each other, and supporting the ex- 
tremities of the same roof. Their position, form, 
and use will be best understood from the following 
woodcut, in which A A are the antae. 

Vitruvius 18 describes the temple in antis (vaoc h 
TrapaoTtiai) to be one of the simplest kind. It had, 
as he says, in front, antae attached to the walls 
which enclosed the cella; and in the middle, be- 
tween the antae, two columns supporting the archi- 
trave. According to him, 16 the antae ought to be of 
the same thickness as the columns. The three 
spaces {intercolumnia) into which the front of the 

1. (Cic, pro. Dom., c. 17.)— 2. (Liv., ii., 52.)— 3. (Liv . xxvi., 
3.)_4. (Tacit., Ann., iii., 12.)— 5. (Liv., vi., 20 ; viii., 33.)— 6 
(Vitruv., x., 8.)— 7. (Ap. Macrob., Saturn., vi., 1.)— 8. (Ap 
Nonium.)— 9. (Athenseus, xi.— Eurip., Phoen., 1148.— Androm 
1133.— Schol. in loc— Menander, p. 210, ed. Meineke— GeU 
x., 25.— Festus, s. t. Mefancilium.)— 10. (Orest., 1477.)— 11 
(Anab., iv., 2, $ 28.)— 12. (Apophth.)— 13. (AriiloV , H. A., via , 
5.)— 14. (Adams, Append., s. v.)— 15. (iii., 1.)— 16 (iv.. 4 ) 



ANTEAMBULONES. 



ANTEFIXA. 



pronaos was divided by the two columns, were 
sometimes occupied by marble balustrades, or by 
some kind of rails, with doors or gates. The ruins 
of temples, corresponding to the description of Vitru- 
vius, are found in Greece and Asia Minor ; and we 
here exhibit as a specimen a restoration of the 
front o*' the temple of Artemis Propylaea at Eleusis, 
together with a plan of the pronaos : 




A A, the anta ; B B, the cella or vaoq : O, the altar. 

An. ancient inscription respecting the temple of 
berapis at Puteoli, contains the following direction 
ro and antae to one of the walls : Ex. eo. pariete. 

ANTA8. DUAS. AD. MARE. VORSUM. PROJICITO. LONGAS. 
t. 17. CRASSAS. P. I. 

When Neoptolemus is attacked by Orestes in 
She vestibule of the temple at Delphi, he seizes the 
arms which were suspended by means of nails or 
pins from one of the antae {Ttapaoradoc Kpefiaora 1 ), 
takes his station upon the altar, and addresses the 
people in his own defence. In two other passages, 
Euripides uses the term by metonymy, to denote 
either the pronaos of a temple 2 or the vestibule of a 
oalace ; 3 i. e., in each case the portico, or space en- 
closed between the antae.* 

From parastas came the adjective parastaticus, and 
hence we find parastatica employed as the term for a 
pilaster, which may be considered as the section of 
a square pillar attached to the wall of a building. 
The beams of a ceiling were laid upon three kinds 
of supports, viz., columns, antae, and parastaticae or 
pilasters. 5 

*ANTAC^ETJS (JivTaKaioc), a variety of the Act- 
penser Huso, or Isinglass Fish. This would appear 
to be the fish of whose name a poet in Athenaeus 
complains that it was inadmissible into heroic 
verse.* 

ANTEAMBULO'NES were slaves who were 
accustomed to gc before their masters, in order to 
make way for them through the crowd. 7 They 
usually called out date locum domino meo ; and if this 
were not sufficient to clear the way, they used their 
hands and elbows for that purpose. Pliny relates 
an amusing tale of an individual who was roughly 



1. (Eurip., Androm., 1098.)— 2. (Iph. in Taur., 1126.)— 3. 
(Phosn., 427.) — 4. (Vid. Cratini, Fragm., ed. Runkel, p. 16.— 
Xen., Hier., xi. — Schneider, Gr.-Deutsch. Handworterbuch. — 
Id., Epim. in Xen., Mem., p. 277. — Id., in Vitruv., vi., 7, 1.) — 5. 
(Vitruv., iv., 2, p. 94 ; v., i., p. 116, 117, ed. Schneider.— Plin., 

— iii., 15.)— -6. (Athenseus, vii., p. 284, e. — Schweigh. in loc. ; 

Clmn, N A, iiv., 23.)— 7 (Suet., Vesp., c 2.) 



handled by a Roman knight, because his slave had 
presumed to touch the latter in order to make way 
for his master. 1 The term anteambuloncs was also 
given to the clients, who were accustomed to walk 
before their patroni when the latter appeared in 
public. 3 

ANTECESSORS, called also ANTECUR- 
SO'RES, were horse-soldiers, who were accustom? 
ed to precede an army on march in order to choose 
a suitable place for the camp, and to make the ne- 
cessary provisions for the army. They do not ap- 
pear to have been merely scouts, like the specula- 
tores. 3 This name was also given to the teacheis 
of the Roman law.* 

ANTECGENA. {Vid. Ccena.) 

ANTEFIXA, terra-cottas, which exhibited vari- 
ous ornamental designs, and were used in architc : 
ture to cover the frieze (zophorus) of the entablature 

These terra-cottas do not appear to have been 
used among the Greeks, but were probably EtruriE n 
in their origin, and were thence taken for the dec >- 
ration of Roman buildings. Festus describes the;n 
in the following terms : Antefixa qua ex operefiguli.io 
tcctis adjiguntur sub slillicidio. 

The name antefixa is evidently derived from the 
circumstance that they were fixed before the buil i- 
ings which they adorned; and the manner of fixing 
them, at least in many cases, appears from the re- 
mains of them still existing. At Scrofano, supposed 
to be the ancient Veii, they were found fastened to 
the frieze with leaden nails. At Velletri, formerly 
a city of the > r olsci, they were discovered {see lie 
following woodcut) with holes for the nails to pass 
through. They were formed in moulds, and thru 
baked by fire, so that the number of them might be 
increased to any extent; and copies of the same de- 
sign were no doubt frequently repeated on the same 
frieze. Of the great variety and exquisite beany 
of the workmanship, the reader may best form iji 
idea by inspecting the collection of them in the Brit- 
ish Museum, or by studying the engravings and de- 
scription of that collection published by Dr. Tayloi 
Combe. 

The two imperfect antefixa here represented are 
among those found at Velletri, and described by 
Carloni (Roma, 1785). 





The first of them must have formed part of the 
upper border of the frieze, or, rather, of the cornice. 
It contains a panther's head, designed to serve as a 
spout for the rain-water to pass through in descend- 
ing from the roof. Similar antefixa, but with comic 
masks instead of animals' heads, adorned the Tem- 
ple of Isis at Pompeii. 5 

The second of the above specimens represerts 
two men who have a dispute, and who come before 
the sceptre-bearing kings or judges to have their 
cause decided. The style of this bas-relief indi- 
cates its high antiquity, and, at the same time, 

-t 

1. (Ep. iii., 14, sub fin.)— 2. (Martial, ii., 18; iii., 7; x , 74.) 
—3. (Hirt., Bell. Afr., 12, who speaks of speculatores el ante 
cessores equite?.— Suet., Vitell., 17.— Caes., B. G., v., 47.)— 4 
(Cod. 1, tit. n, s. 2, $ 9, 11 )— 5. (Pompeii, Lond., 1836, voLi, 
p. 281.) 

61 



ANTENNA. 



ANTHERICUS. 



proves that tne Volsci had attained to considerable 
taste in their architecture. Their antefixa are re- 
markable for being painted : the ground of that here 
represented is blue ; the hair of the six men is black 
or brown ; their flesh red ; their garments white, yel- 
low, and red : the chairs are white. The two holes 
may be observed by which this slab was fixed upon 
the" building. 

Cato the Censor complained that the Romans of 
his time began to despise ornaments of this descrip- 
tion, and to prefer the marble friezes of Athens and 
Corinth. 1 The rising taste which Cato deplored 
may account for the superior beauty of the antefixa 
preserved in the British Museum, which were dis- 
covered at Rome. A specimen of them is here 
given. It represents Minerva superintending the 




construction of the ship Argo. The man with the 
hammer and chisel is Argus, who built the vessel 
andei her direction. The pilot Tiphys is assisted 
Tf f&r u attaching the sail to the yard. The bor- 
<Si&.\3 aft me top and. bottom are in the Greek style, 
mi ' are extremely elegant. Another specimen of 
&** antefixa is given under the article Antyx. 

ANTENNA (Kepaia, Kepag), the yard of a ship. 

The ships of the ancients had a single mast in the 
middle, and a square sail, to raise and support which 
a tranverse pole or yard was extended across the 
mast not far from the top. In winter the yard was 
let down, and lodged in the vessel or taken on shore. 
" Effugit hybernas demissa antenna procellas." 3 

When, therefore, the time for leaving the port ar- 
rived, it was necessary to elevate the yard, to which 
the sail was previously attached. For this purpose 
a wooden hoop was made to slide up and down the 
mast, as we see it represented in an antique lamp, 
made in the form of a ship. 3 To the two extremi- 
ties of the yard (cornua, anponipaiai) ropes were at- 
tached, which passed over the top of the mast ; and 
by means of these ropes, and the pulleys (trochlea) 
corL3C^^. with them, the yard and sail, guided by 
the hoop, were hoisted to a sufficient height. The 
sail was then unfurled, and allowed to fall to the 
deck of the vessel. 4 

Coesar informs us 5 that, in order to destroy the 
fleet of the Veneti, his soldiers made use of sharp 
sickles fastened to long poles. With these they cut 
the ropes (funes) by which the yard of each ship 
was suspended from the mast. The consequence 
was, that the yard, with the sail upon it, immediately 
fell, and the ship became unmanageable. These 
!Op68 appear to have been called in Greek icepovxot, 
v'aeace in Latin summi ceruchi. 6 

Besides the ropes already mentioned, two others 

WXl- ■*» ' — - — _ ■ — ■ ■ ■ ■■ , , , 

1. (Liv., xxxiv., 4.)— 2. (Ovid, Trist., III., iv.,9.)— 3. (Barto- 
li, Lucern., iii., 31. — Compare Isid., Hisp. Orig., xx., 15.) — 4. 
(Val. Flacc i , 311— Ovid, Met., xi., 477.)— 5. (B. G., iii., 14.) 
-6. (Lucan., viii., 177.— Val. Flacc. i.. 469.) 
62 



nung from the horns of the antenna, the use of which 
was to turn it round as the wind veered, so as to 
keep the sail opposite to the wind. This operation 
is technically described by Virgil in the following 
line: "Cornua velatarum obvertimus antennarum." 1 
And more poetically where he uses brachia for tm- 
tennce, and adds, " Una ardua torquent Cornua, dp- 
torquentque." 2 

When a storm arose, or when the port was at- 
tained, it was usual to lower the antenna (demittere. 
KadeXeadai, vfyievai), and to reef the sail: "Ardua 
jamdudum demittite cornua, rector Clamat, et antennu 
totum subnectite velum." 3 

Also before an engagement the antenna was low- 
ered to the middle of the mast (Antennis ad medium 
malum demissis*) We may observe that the two 
last-cited authors use antenna in the plural for the 
yard of a single ship, probably because they con- 
sidered it as consisting of two arms united "in the 
middle. 

From numerous representations of ships on an- 
tique coins, intaglios, lamps, and bas-reliefs, we 
here select two gems, both of which show the velata 
antenna, but with the sail reefed in the one, and in 
the other expanded and swollen with the wind. 





The former represents Ulysses tied to the mas!, 
in order to effect his escape from the Sirens ; il 
shows the cornua at the extremities of the yard, and 
the two ceruchi proceeding from thence to the top oi 
the mast. Besides these particulars, the other gem 
represents also the ropes used for turning the an- 
tenna so as to face the wind. 

ANTEPAGMEN'TA, doorposts, the jambs of a 
door. 

The inscription quoted in the article Ant;e con- 
tains also a direction to make jambs of silver fir 
{antepagmenta aJnegnd). Cato, 5 speaking of the 
construction of a farmhouse, mentions stone lintels 
and jambs (jugumenta et oMtepagmenta ex lapide). 
Vitruvius 6 gives minute instructions respecting the 
form and proportions of the antepagmenta in the 
doors of temples; and these are found, in general, to 
correspond with the examples preserved among the 
remains of Grecian architecture."' The common 
term for a doorpost is postis. 

ANTESIGNA'NI appear to have been a bodv 
of troops, selected for the defence of the standard 
(signwn), before which they were stationed. 8 

ANTESTA'RI. (Vid. Actio, p. 18.) 

♦ANTH'EMIS (avdefde), a species of plant. ( Vid. 
Chamaimelon.) 

*ANTH / EMUM(avfe j uov, -oe, or -tov), a species of 
plant, about which some uncertainty prevails. Ad- 
ams is in favour of its being the genus Matricaria, 
or Wild Chamomile. Sprengel, however, refers the 
several species of this plant noticed by Theophras- 
tus to the Anthemis Cotta. Stackhouse also is very 
unsatisfactory in his views on this subject. 9 

*ANTHERTCUS (avdtpiKoc), a plant. Sprengel, 
in the first edition of his R. H. H., compares the 
Anthericus Gracus with it, but in his second th*> 
Asphodeh.s fistulosus. Thiebault makes it to be the 
Ornithogalum Pyrena'icum, and Stackhouse the Aspho- 



1. (JEn., iii., 549.)— 2. (JEn., v., 829, seqq.)— 3. (Ovid, Met. 
xi., 483.)— 4. (Hirt., De Bell. Alex., 45.)— 5. (De Re Rust., 
xiv.)— 6. (iv., 6.)— 7. (Vid. Hirt, Baukunst nach den Grand 
satzen der Alten, xvi.)— 8. (Liv.. iv., 37.— Cxs., Bell. Civ., iii, 
75, 84.)— 9. (Theophrast., H P., i.,22; vii., 9-14.— Adam, Ap- 
pend., s. v.) 



ANTIDOSIS. 



ANTIDOSIS. 



debts Miens. In a word, all is mere conjecture with 
regaid to it, the description of it by Theophrastus 
heing so imperfect. 1 

ANTHESPHOR'IA ('Avdeadopia), a flower-festi- 
val, principally celebrated in Sicily in honour of 
IOmeter and Persephone, in commemoration of the 
*>itirn of Persephone to her mother in the beginning 
ot spring. It consisted in gathering flowers and 
"*ining garlands, because Persephone had been car- 
ied off by Pluto while engaged in this occupation. 2 
Strabo 3 relates that at Hipponium the women cele- 
brated a similar festival in honour of Demeter, which 
was probably called anthesphoria, since it was de- 
rived from Sicily. The women themselves gather- 
ed the flowers for the garlands which they wore on 
the occasion, and it would have been a disgrace to 
buy the flowers for that purpose. Anthesphoria 
were also solemnized in honour of other deities, 
especially in honour of Juno, surnamed 'AvOeia, at 
Argos, 4 where maidens, carrying baskets filled with 
flowers, went in procession, while a tune called 
cepuKLov was played on the flute. Aphrodite, too, 
was worshipped at Cnossus, under the name 'Av- 
Oeia, 5 and has therefore been compared with Flora, 
the Roman deity, as the anthesphoria have been 
with the Roman festival of the jiorifer turn. 

AJNTHESTE'RIA. (Vid. Dionysia.) 

ANTHESTE'RION. ( Vid. Calendar, Greek.) 

*ANTH'IAS (avdiag ), a species of fish, the same 
with the Labms antkias, L., or Serranus anthias of 
Cuvier. Its French name is Barbier. The an- 
cients describe several species of this fish, one of 
which is the kuXKixQvq} Cuvier describes this as 
a most beautiful fish, of a fine ruby red, changing to 
gold and silver, with yellow bands on the cheek. 7 

♦ANTHOS, a bird, which, according to Pliny, 
feeds on flowers, and imitates the neighing of a 
horse! 8 Belon would have it to be the Emberizza 
citrinclla, or Yellow Bunting, called in England the 
Yellow Hammer, and in France Bruant. This 
opinion, however, is somewhat doubtful, since Aris- 
totle describes the Anthos as frequenting rivers, 
whereas the Yellow Hammer delights in trees. 9 

* ANTHRAX (avdpafi, the Carbuncle. (Vid. 
Carbunculus.) 

♦ANTHRAK'ION, a species of carbuncle, 
found, according to Theophrastus, in the island of 
Chios. Beckmann 10 thinks that Theophrastus 11 
means the well-known black marble of that island, 
which, from its resemblance to an extinguished coal, 
was designated uvdpuKiov (from avOpatj, " a coal"), 
just as the ruby took its name from one burning. 
He supposes, moreover, that of this marble were 
made the mirrors mentioned by Theophrastus ; and 
mat Pliny misinterprets him in stating that they 
A'ere of the uvBpaKiov of Orchomenus. 18 

♦ANTHRE'NE (uvdprjvr]), the Hornet, or Vespa 
Crabro, L. Its nest is called avdprjvtov by Suidas. 

♦ANTHYLL'IS (avdvllig), a species of plant. 
Sprengel agrees with Prosper Alpinus, that the first 
species of Dioscorides is the Crcssa Cretica; and 
with Clusius, that the second is the Ajuga Iva. Lin- 
naeus would seem to countenance this opinion in re- 
gard to the first species, by giving it the name of 
Ctessa Anthyllis in nis Gen. Plant. 13 

ANTHY'POMOS'IA. (Vid. Hypomosia.) 

ANTID'OSIS (avTidooic), in its literal and gen- 
eral meaning, " an exchange," was, in the language 
of the Attic courts, peculiarly applied to proceed- 
ings under a law which is said to have originated 

1. (Theophrast., H. P., i., 4 ; viii., 13. — Adams, Append., s. v.) 
-2. (Pollux, Or.om., i., 1, 37.)— 3. (vi., p. 256.)— 4. (Paus., ii., 
22, () 1.) — 5. (Hesych., s. v.) — 6. (Athenaeus, vii., 16. — Aristot., 
H. A., vi., 17 ; ix., 2 et 37. — ^Ehan, N. A., i., 4 ; viii., 28 ; xii., 
47.— Plin.,H. N.,ix., 58.)— 7. (Adams, Append., s. v.)— 8. (Plin., 
H. N., x., 42.) — 9. (Aristot., II. A., ix., 5. — Adams, Append., s. 
v.)— 10. (Hist, of Inv., vol. iii., p. 178.)— 11. (Lith., c. 61.)— 12. 
(Moore's Anc. Mineral., p. 79.)— 13. (Dioscor., iii. ; 143.— Adams, 
Append. «. v.) 



with Solon. 1 By this, a citizen nominated to per. 
form a leiturgia, such as a trierarchy or choregia, oi 
to rank among the property-tax payers in a class 
disproportioned to his means, was empowered to 
call upon any qualified person not so charged tft 
take the office in his stead, or submit to a complete 
exchange of property; the charge in question, ot 
course, attaching to the first party, if the exchange 
were finally effected. 8 For these proceedings tb* 
courts were opened at a stated time every year by 
the magistrates that had official cognizance of the 
particular subject, such as the strategi in cases of 
trierarchy and rating to the property-taxes, and the 
archon in those of choregia ; and to the tribunal of 
such an officer it was the first step of the challenger 
to summon his opponent. 3 It may be presumed 
that he then formally repeated his proposal, and that 
the other party stated his objections, whidi, if obvi- 
ously sufficient in law, might perhaps authorize the 
magistrate to dismiss the case; if otherwise, the 
legal resistance, and preparations for bringing the 
cause before the dicasts, would naturally begin here. 
In the latter case, or if the exchange were accepted, 
the law directed the challenger to repair to the 
houses and lands of his antagonist, and secure him- 
self, as all the claims and liabilities of the estate 
were to be transferred, from fraudulent encumbran- 
ces of the real property, by observing what mortgage 
placards (bpoi), if any, were fixed upon it, and 
against clandestine removal of the other effects, by 
sealing up the chambers that contained them, and, 
if he pleased, by putting bailiffs in the mansion. 4 
His opponent was at the same time informed that 
he was at liberty to deal in like manner with the es- 
tate of the challenger, and received notice to attend 
the proper tribunal on a fixed day to take the usual 
oath. The entries here described seem, in contem- 
plation of law, to have been a complete effectuation 
of the exchange, 5 and it does not appear that pri- 
marily there was any legal necessity for a farther 
ratification by the dicasts ; but, in practice, this must 
always have been required by the conflict of inter* 
ests between the parties. The next proceeding was 
the oath, which was taken by both parties, and pur- 
ported that they would faithfully discover all their 
property, except shares held in the silver mines at 
Laurion; for these were not rated to leiturgiae or 
property taxes, nor, consequently, liable to the ex- 
change. In pursuance of this agreement, the law 
enjoined that they should exchange correct accounts 
of their respective assets (aTrotyaoEig) within three 
days ; but, in practice, the time might be extended by 
the consent of the challenger. After this, if the mat- 
ter were still uncompromised, it would assume the 
shape and follow the course of an ordinary lawsuit 
[Vid. Dike), under the conduct of the magistrate 
within whose jurisdiction it had originally come. 
The verdict of the dicasts, when adverse to the 
challenged, seems merely to have rendered impera- 
tive the first demand of his antagonist, viz., that he 
should submit to the exchange, or undertake the 
charge in question ; and as the alternative was open 
to the former, and a compromise might be acceded 
to by the latter at any stage of the proceedings, we 
may infer that the exchange was rarely, if ever, 
finally accomplished. 6 The irksomeness, however, 
of the sequestration, during which the litigant was 
precluded from the use of his own property, and dis- 
abled from bringing actions for embezzlement and 
the like against others (for his prospective reim- 
bursement was reckoned a part of the sequestrate:? 
estate 7 ), would invariably cause a speedy — perhaps, 



1. (Demosth. in Phaenipp., init.) — 2. (Borkh, Pub. Econ. of 
Athens, vol. ii., p. 369.) — 3. (Demosth. in Phaenipp., p. 1010.— 
Meier, Att. Process, p. 471 ; vpooKaXtioOai riva eh av-tdoaiv 
Lysias, iiirip tov 'Aovvdrov, p. 745.) — 4. (Demosth in Phae 
nipp., p. 1040, seq.) — 5. (Demosth. in Mid., p. 540; i*l Phae 
nipp., p. 1041, 25.)— 6. (Bockh, Econ. of Athens, vol. ft., f> 370 ) 
—7. (Demosth. in Aphob., ii., p. 841 ; in Mid., p. 540.) 

63 



ANTIGRAPHE. 



ANTLIA. 



in most cases, a fair —adjustment of the burdens . |- 
:ident to the condition of a wealthy Athenian. 

ANTIGR'APHE (uvrtypa^) originally signified 
.he writing put in by the defendant, in all causes, 
whether public or private, in answer to the indict- 
ment or bill of the prosecutor. From this significa- 
tion it was applied, by an easy transition, to the sub- 
stance as well as the form of the reply, both of which 
are also indicated by avro/uoaia, which means pri- 
marily the oath corroborating the statement of the 
accused. Harpocration has remarked that anti- 
grapbe might denote, as antomosia does in its more 
extended application, the bill and affidavit of either 
pai ty ; and this remark seems to be justified by a 
passage of Pluto. 1 Schomann, however, main- 
tains 2 that antigraphe was only used in this signi- 
fication in the case of persons who laid claim to an 
miassigned inheritance. Here neither the first nor 
any other claimant could appear in the character of 
a prosecutor ; that is, no 61kti or eyKTir^ia could be 
strictly said to be directed by one competitor against 
another, when all came forward voluntarily to the 
tribunal to defend their several titles. This circum- 
stance Schomann has suggested as a reason why 
the documents of each claimant were denoted by 
the term in question. 

Perhaps the word "plea," though by no means a 
coincident term, may be allowed to be a tolerably 
proximate rendering of antigraphe. Of pleas there 
can be only two kinds, the dilatory, and those to the 
action. The former, in Attic law, comprehends all 
such allegations as, by asserting the incompetency 
of the court, the disability of the plaintiff, or privi- 
lege of the defendant and the like, would have a 
tendency to show that the cause in its present state 
could not be brought into court (fir) elaayuyifxov 
elvat rr)v 6Lkt]v) : the latter, everything that could 
be adduced by way of denial, excuse, justification, 
and defence generally. It must be, at the same time, 
i apt in mind, that the process called " special plead- 
£ g" <* as at Athens supplied by the magistrate hold- 
fefi 'he anacrisis, at which both parties produced 
lh':ir allegations, with the evidence to substantiate 
liiem ; and that the object of this part of the pro- 
ceedings was, under the directions and with the as- 
sistance of the magistrate, to prepare and enucleate 
the question for the dicasts. The following is an 
instance of the simplest form of indictment and 
plea: " Apollodoras, the son of Pasion of Achamae, 
against Stephanus, son of Menecles of Acharnoe, for 
perjury. The penalty rated, a talent. Stephanus 
bore false witness against me when he gave in evi- 
dence the matters in the tablets. Stephanus, son 
of Menecles of Achamae. I witnessed truly when 
I gave in evidence the things in the tablet." 3 The 
pleadings might be altered during the anacrisis ; 
but, once consigned to the echinus, they, as well as 
all the other accompanying documents, were pro- 
tected by the official seal from any change by the 
litigants. On the day of trial, and in the presence 
of the dicasts, the echinus was opened, and the plea 
was then read by the clerk of the court, together 
with its antagonist bill. Whether it was preserved 
afterward as a public record, which we know to 
have been the case with respect to the ypatyr) in 
some causes, 4 we are not informed. 

From what has been already stated, it will have 
been observed that questions requiring a previous 
decision would frequently arise upon the allega- 
tions of the plea, and that the plea to the action in 
particular would often contain matter that would 
tend essentially to alter, and, in some cases, to re- 
Terse the relative positions of the parties. In the 
first case, a trial before the dicasts would be granted 
by the magistrate whenever he was loath to incur 
the responsibility of decision ; in the second, a cross- 

1. (Apolog. Socr., p. 27, c.)— 2. (Att. Process, p. 465.)— 3. 
(Dcinosth. in Steph., i., 1115.)— 4. (Diog. Laert., lii., c. 5, s. 19.) 

G4 



actior. might be instituted, and carriel on separate* 
ly, tho.igh perhaps simultaneously with the original 
suit. Cases, also, would sometimes occur, in which 
the defendant, from considering the indictment as 
an unwarrantable aggression, or, perhaps, one best 
repelled by attack, would be tempted to retaliate 
upon some delinquency of his opponent, utterly un- 
connected with the cause in hand, and to this he 
would be, in most cases, able to resort. An in- 
stance of each kind will be briefly given by citing 
the common irapaypafyr) as a cause arising upon a 
dilatory plea ; a cross-action for assault [alulae) 
upon a primary action for the same j 1 and a. dom- 
jiaoia, or "judicial examination of the life or mor- 
als" of an orator upon an impeachment for miscon- 
duct in an embassy (napaTTpeadeia)* All causes of 
this secondary nature (and there was hardly one of 
any kind cognizable by the Attic courts that might 
not occasionally rank among them) were, when 
viewed in their relation with the primary action, 
comprehended by the enlarged signification of anti- 
graphe ; cr, in other words, this term, inexpressive 
of form or substance, is indicative of a repellant or 
retaliative quality, that might be incidental to a 
great variety of causes. The distinction, however, 
that is implied by antigraphe was not merely verbal 
and unsubstantial ; for we are told, in order to pre- 
vent frivolous suits on the one hand, and unfair elu- 
sion upon the other, the loser in a paragraphe, or 
cross-action upon a private suit, was condemned 
by a special law to pay the k-rruBella (vid. Epobe 
lia), ratable upon the valuation of the main cause, 
if he failed to obtain the votes of one fifth of 
the jury, and certain court fees (irpwavela] not ori- 
ginally incident to the suit. That there was a sim- 
ilar provision in public causes we may presume 
from analogy, though we have no authority to deter- 
mine the matter. 3 

ANTIGRAPHEIS (avTiypafelg) were public 
clerks at Athens, of whom there were two kinds 
The first belonged to the fiovlrj : his duty was U 
give an account to the people of all the moneys paid 
to the state. ("Og lead' zkugttiv Trpvravelav a7re?*o- 
ylC,ero rag irpoaodovg rC) drjfiv*) In the time of 
iEschines, the uvnypafevg rrjg ftov"kr)g was x ei P°- 
Tovrjrog ; 5 but in later times he was chosen by lot. 6 
The second belonged to the people, and his duty 
was to check the accounts of the public officers, 
such as the treasurers of the sacred moneys, of the 
war taxes, &c. (AittoI de rjoav avriypatyetg, 6 /uev 
rr)g dioiiirjcEug, 6 de rrjg (Sov'Arjg. 1 ) 

ANTINOEFA ('Avnvoeia), annual festivals and 
quinquennial games, which the Roman emperor 
Hadrian instituted in honour of his favourite Anti- 
nous, after he was drowned in the Nile, or, according 
to others, had sacrificed himself for his sovereign, 
in a fit of religious fanaticism. The festivals were 
celebrated in Bithynia and at Mantinea, in which 
places he was worshipped as a god. 8 

♦ANTIP'ATHES, the sort of Coral called An- 
tipathes faeniculaceum, Pall. 9 

ANTIPHER'NA. (Vid. Dos.) 

ANTIGIUA'RII. (Vid. Librarii.) 

*ANTIRRH'INON (avripptvov or avTippi&v), a 
plant, which Sprengel makes the same with the 
Antirrhinum Orontium. Hardouin calls it by tbs 
French name oiMujle de vean, or Calf's Snout, bi.t 
Stephens and Matthiolus by that of Mouron viohi. 
Its ordinary name in English is Snapdragon}* 

ANT'LIA (avrAia), any machine for raising wa- 
ter; a pump. 



1. (Demosth. in Ev. et Mnesib., p. 1153.)— 2. (jEsch. m 
Timarch.)— 3. (Meier, Att. Process, p. 652.)— 4. (^Esch. adv 
Ctes., c. 11, p. 375.)— 5. (^Esch., 1. c.)— 6. (Pollux, Onom.,TUi M 
8 t) 12.)— 7. (Harpocrat., s. v.)— 8. (Ml. Spartianus, Hadr., c. 
14.— Dion., lxix., 10.— Paus., vii., 9, « 4.)— 9. (Dioscor., v , 140. 
—Adams, Append., s. v.)— 10. (Theophrast , H. P., ix., 15.— Di- 
oscor., iv., 131.— Adams, Append., s. v.) 



ANTLIA. 



ANTY3L 



The annexed, figure shows a machine which is 
Btill used on the river Eissach, in the Tyrol, the an- 
cient A<agis. As the current puts the wheel in mo- 
tion, the jars on its margin are successively im- 
nersed and filled witn water. When they reach 
the top, the centrifugal force, conjoined with their 
oblique position, sends the water sideways into a 
trough, from which it is conveyed to a distance, and 
chiefly used for irrigation. Thus, by the incessant 
action of the current itself, a portion of it is every 
instant rising to an elevation nearly equal to the di- 
ameter of the wheel. 




Lucie dus 1 mentions a machine constructed on 
this principle : " Utfluvios versare rotas alque hmislra 
ridemus" The line is quoted by Nonius Marcel- 
lus, a who observes that the jars or pots of such 
wheels (rotarum cadi) are properly called "haustra 
ab hauriendo," as in Greek they are called avr?ua. 

In situations where the water was at rest, as in a 
pond or a well, or where the current was too slow 
and feeble to put the machine in motion, it was so 
constructed as to be wrought by animal force, and 
slaves or criminals were commonly employed for 
rhe purpose. Five such machines are described by 
Vitruvius, in addition to that which has been al- 
ready explained, and which, as he observes, was 
turned sine operarum calcatura, ipsius fluminis impulsu. 
These five were : 1. the tympanum; a tread- wheel, 
wrought hominibus calcantibus: 2. a wheel resem- 
bling that in the preceding figure, but having, in- 
stead of pots, wooden boxes or buckets (modioli 
quadrati), so arranged as to form steps for those who 
trod the wheel: 3. the chain-pump: 4. the cochlea, 
or Archimedes's screw ; and, 5. the ctesibica machina, 
or forcing-pump. 3 

Suetonius* mentions the case of a man of eques- 
trian rank condemned to the antlia. The nature 
of the punishment may be conceived from the words 
of Artemidorus. 9 He knew a person who dreamed 
that he was constantly walking, though his body did 
not move; and another who dreamed that water 
was flowing from his feet. It was the lot of each to 
be condemned to the antlia (etc avrXiav KaradtKaa- 
Bj/vai), and thus to fulfil his dream. 

On the other hand, the antlia with which Martial* 
watered his garden was probably the pole and 
bucket universally employed in Italy, Greece, and 
Egypt. The pole is curved, as shown in the an- 
nexed figure ; because it is the stem of a fir, or some 
other tapering tree. The bucket, being attached to 

1. (v., 317.)— 2. (lib. i.)— 3. (Vitrav., x., c. 4-7.— Drieberir, 
Pneum. Erfindungen der Griechen, p. 44-50.) — 4. (Tiber., 51.) 
—5. (Oneirocritica, i., 50.)— 6 fix., 19.) 




the top of the tree, bends it by its weight, and tn» 
thickness of the other extremity serves as a counter 
poise. The great antiquity of this method of raising 
water is proved by representations of it in Egyptian 
paintings. 1 

ANTOMOS'IA (avrufiooia), a part of the avaupt 
ate, or preliminary pleadings in an Athenian lawsuit. 
The term was used of an oath taken by both parties ; 
by the plaintiff, that his complaint was well-founded, 
and that he was actuated by no improper motives ; 
and by the defendant, that his defence was true. It 
was also called dtu/iooia. The oath might contain 
either the direct affirmative or negative, in which 
case it was called evdvdiicia ; or amount to a demur- 
rer or Tcapaypafyfi. The uvTu/noola of the two par- 
ties correspond to our bills or declarations on the 
one side, and to the replies, replications, or rejoin- 
ders on the other. (Vid. Antigraphe.) 

ANTYX (clvtv^), (probably allied etymologically 
to AMPYX) (u/httv^), the rim or border of anything, 
especially of a shield or chariot. 

The rim of the large round shield of the ancient 
Greeks was thinner than the part which it enclosed. 
Thus the ornamental border of the shield of Achilles, 
fabricated by Vulcan, was only threefold, the shield 
itself being sevenfold. 2 In another part of the Iliad^ 
Achilles sends his spear against ./Eneas, and strikes 
his shield uvrvy vtto rrpurnv, i. e., " on the outer- 
most border," where (it is added) the bronze was 
thinnest, and the thinnest part of the ox-hide was 
stretched over it. In consequence of the great size 
of this round shield, the extreme border (avrvi 
■xvfiarr]*) touched the neck of the wearer above, and 
the lower part of his legs below. In the woodcut, 
in the article Antefixa, we see the avrvt; on one 
side of Minerva's shield. 

On the other hand, the avrvZ of a chariot must 
have been thicker than the body to which it was at- 
tached, and to which it gave both form and strength. 
For the same reason, it was often made double, as 
in the chariot of Juno (Aoiai 5e Trepidpofioi uvTvyes 
elai 5 ). In early times, it consisted of the twigs or 
flexible stem of a tree (opirvicec 6 ), which were polish- 
ed and shaped for the purpose. Afterward, a splen- 
did rim of metal fonned the summit of the chariot, 
especially when it belonged to a person of wealth 
and rank. 

In front of the chariot, the avrvt; was often raised 
above the body, into the form of a curvature, which 
served the purpose of a hook to hang the reins 
upon when the charioteer had occasion to leave hi? 
vehicle. 7 Hence Euripides says of Hippoiyttw, 
who had just ascended his chariot, MupnTei dexepoiv 
ijvLag ar? avrvyoc 6 . 

On Etruscan and Greek vases, we often see the 
chariot painted with this appendage to the rim much 
elevated. The accompanying woodcat shows it in 
a simpler form, and as it appears in the Antefixa, 
engraved in the work of Carloni, which has been 
already quoted. 

By Synecdoche, uvrvi; is sometimes used for <* 
chariot, the part being put for the whole. 9 It is 



1. (Wilkinson, Manners and Cust. of Anc. Eeryptv "■• 1-4-)— 
2. (II., xviii., 479.)— 3. (xx., 275.)— 4. (II., vi., 118.)— 5. (II., v 
728.)— 6. (II., xxi., 38.)— 7. (II., v., 262, 322.)-8. (1178.)— • 
(Callim.. Hymn, m Dian., 140.) 

G5 



APAGOGE. 



APATURIA. 



^ rrrrn 




also used metaphorically, as when it is applied by 
Moschus 1 to the horns of the new moon, and by 
Euripides 2 to the frame of a lyre. 

Likewise the orbits of the sun and planets, which 
were conceived to be circular, were called avrvyee 
ovpavioi. The orbit of Mars is so denominated in 
the Homeric Hymn to Mars; 3 and the zodiac, in 
an epigram of Synesius, descriptive of an astrolabe. 4 
Alluding to this use of the term, a celebrated philos- 
opher, having been appointed Prefect of Rome by 
the Emperor Julian, and having thus become en- 
titled to ride in a chariot with a silver rim, laments 
that he was obliged to relinquish an ethereal for a 
silver dvrv%} 

APAGELOI (a-Kaye'koL), the name of those youths 
nmong the Cretans who had not reached their 
eighteenth year, and therefore did not belong to any 
dye/ir/. (Vid. Agele.) As these youths usually 
lived in their father's house, they were called okotioi. 6 

APAGO'GE (dirayoyrj), a summary process, al- 
lowed in certain cases by the Athenian law. The 
term denotes not merely the act of apprehending a 
culprit caught in ipso facto, but also the written in- 
formation delivered to the magistrate, urging his 
apprehension. 7 "VVe must carefully distinguish be- 
tween the apagoge, the endeixis, and the epkegesis. 
The endeixis was an information against those who 
took upon themselves some office, or exercised some 
right, for which they were by law disqualified; or 
those whose guilt was manifest, so that the punish- 
ment only, and not the fact, was to be determined. 
Pollux says that the endeixis was adopted when 
the accused was absent, the apagoge when he was 
present. Demosthenes distinguishes expressly be- 
tween the endeixis and the apagoge. 6 When the com- 
plainant took the accused to the magistrate, the 
process was called apagoge; when he led the magis- 
trate to the offender, it was called epkegesis ; in the 
former case, the complainant ran the risk of forfeit- 
ing 1000 drachmae if his charge was ill-founded. 9 
The cases in which the apagoge was most generally 
allowed were those of theft, murder, ill-usage of 
parents, &c. The punishment in these cases was 
generally fixed by law ; and if the accused con- 
fessed, or was proved guilty, the magistrate could 
execute the sentence at once, without appealing to 
any of the jury-courts ; otherwise it was necessary 
that the case should be referred to a higher tribunal. 10 
The magistrates who presided over the apagoge 
were generally the Eleven (ol ydena 11 ) ; sometimes 
the chief archon, 1 * or the thesmothetae. 13 The most 
important passage with regard to the apagoge 1 * is 
unfortunately corrupt and unintelligible. 15 The com- 

1. (ii.,88.)— 2. (Hippol.,1135.)— 3. (1. 8.) — 4. (Brunck, Ant., 
ri,, 449.)— 5. (Themistius, Brunck, Anthol., ii., 404.)— 6. (Schol. 
m Eurip., Alcest., 1009.) — 7. (Suidas : ' Array ay ff (x^vvtrig ey- 
ypa(j>os SiSopevrj rw apyovri irepi tov Sclv aTiaxSfjvai tov Suva.) 
—8. (c. Timocr., p. 745, 29.)— 9. (Demosth., c. Androt., p. 601, 
20. "Efipwcrai, Kai aavria morcvets ; anaye' fv xtAtajj of b tcivSv 
vog' aaOeviarepos el; to7s apxovcriv tQrjyov' tovto Troir/aovaiv 
iictivoi.) — 10. (^Esch , c. Timarch., c. 37. — Demosth., de Fals. 
Legat., 431, 7.) — 11. (Demosth., c. Timocr., 730. — Lys. adv. 
Agorat., c. 85.) — 12. (JSsoh., c. Timarch., c. 64.) — 13. (Demosth., 
c. Aristocr., 630, 16.)— 14. (Lysias, c. Agorat., (j 85, 86.) -15. 
(Vid. Sluiter, Lect. Andocid., p. 254, &c.) 

66 



plainant was said dndyeiv ttjv dnayuyriv ; the magis- 
trates, when they allowed it, irapedexovro ttjv ana- 
yoyijv. 

*APARFNE (a7vapLVTj), a species of plant, the 
same with the Lappa of the Romans, 1 and now 
called Cleavers, Clivers, or Goose-grass. Sprengel, 
in the first edition of his R. H. H., holds it to be the 
Arctium Lappa, or Burdock; a mistake which he 
silently corrects in his edition of Dioscorides. Ac- 
cording to Galen, it is the ^lTuotiov and QihaiTepiov 
of Hippocrates. 8 

*AP'ATE (aTruTTj), the name of a plant occurring 
in Theophrastus. 3 Great diversity of opinion pre- 
vails, however, with respect to the proper reading ; 
some making it andrci?, and others d<pdK7j. Sprengel 
refers it to the Lcontodon Taraxacum, or Dandelion ; 
but Stackhouse hesitates between the Taraxacum 
and the Hieracium or HawJcweed* 

AIIATH'SEaS tov %ov ypaprj. (Vid. AAIKIA2 
npbc tov firj/iov ypa<pij.) 

APATU'RIA (dnarovpia) was a political festival 
which the Athenians had in common with all the 
Greeks of the Ionian name, 6 with the exception of 
those of Colophon and Ephesus. It was celebrated 
in the month of Pyanepsion, and lasted for three 
days. The origin of this festival is related in the 
following manner: About the year 1100 B.C., the 
Athenians were carrying on a war against the 
Boeotians, concerning the district of Cilaenae, or, 
according to others, respecting the little town of 
CEnoe. The Boeotian Xanthius or Xanthus chal- 
lenged Thymoetes, king of Attica, to single combat ; 
and when he refused, Melanthus, a Messenian exile 
of the house of the Nelids, offered himself to fight 
for Thymoetes, on condition that, if victorious, he 
should be the successor to Thymoetes. The offer 
was accepted ; and when Xanthius and Melanthus 
began the engagement, there appeared behind Xan- 
thius a man in the Tpayij, the skin of a black she- 
goat. Melanthus reminded his adversary that }js 
was violating the laws of single combat by having 
a companion, and while Xanthius looked around, 
Melanthus slew the deceived Xanthius. From that 
time the Athenians celebrated two festivals, the 
Apaturia, and that of Dionysus Melansegis, who 
was believed to have been the man who appeared 
behind Xanthius. This is the story related by the 
scholiast on Aristophanes. 6 This tradition has given 
rise to a false etymology of the name dnaTovpia, 
which was formerly considered to be derived from 
dnaTdv, to deceive. All modern critics, however, 7 
agree that the name is composed of d=dfia and 
naTvpia, which is perfectly consistent with what 
Xenophon 8 says of the festival : 'Ev olc (dnaTovpioie) 
ol te TraTepec Kal ol avyyevelg t-vveici otyiciv avTolc. 
According to this derivation, it is the festival at 
which the phratriae met, to discuss and settle their 
own affairs. But, as every citizen was a member 
of a phratria, the festival extended over the whole 
nation, who assembled according to phratrice. Welck- 
er, 9 on account of the prominent part which Dionysus 
takes in the legend respecting the origin of the Attic 
Apaturia, conceives that it arose from the circum- 
stance that families belonging to the Dionysian 
tribe of the iEgicores had been registered among 
the citizens. 

The first day of the festival, which probably fell 
on the eleventh of the month of Pyanepsion, was 
called dopiria or dopizEia ; 10 on which, every citizen 
went in the evening to the phratrium, or to the house 
of some wealthy member of his own phratria, and 
there enjoyed the supper prepared for him. 11 That 

1. (Martyn in Virg., Georg., i., 153.)— 2. (Dioscor., iii., 94.— 
Theophrast., H. P., vii., 8. — Adams, Append., s. v.) — 3. (H. P., 
vii., 8.) — 4. (Adams, Append., s. v-) — 5. (Herod., i., 117.) — 6 
(Acharn., 146.)— 7. (Miiller, Dorians, i., 5, 4. — Welcker, jEschyl 
Tril., p. 288.)— 8. (Hellen., i., 7, I) 8.)— 9. (Anhnng z. Trilog. 
p. 200.)— 10. (Philyll. inHeracl., in Athen., iv., p. 171.— Hesych 
et Suid., s. v.)— 11. (Avistoph., Acharn., 146.) 



APEX. 



APHIA. 



the cup-bearers (oIvotztcu) were not idle on this oc- 
casion, may be seen from Photius. 1 

The second day was called 'Avapfivcie (avafyveiv), 
from the sacrifice offered on this day to Zeus, sur- 
named Qparpioc, and to Athena, and sometimes to 
Dion)>-sus Melanaegis. This was a state sacrifice, 
in which all citizens took part. The day was chiefly 
devoted to the gods, and to it must, perhaps, be con- 
fined what Harpocration 2 mentions, from the Atthis 
of Istrus, that the Athenians at the apaturia used to 
dress splendidly, kindle torches on the altar of 
Hephoestus, and sacrifice and sing in honour of him. 
Proclus on Plato, 3 in opposition to all other authori- 
ties, calls the first day of the Apaturia 'Avapfivcic, 
and the second dopma, which is, perhaps, nothing 
more than a slip of his pen. 

On the third day, called Kovpefiric (icovpoe), chil- 
dren born in that year, in the families of the phra- 
triae, or such as were not yet registered, were taken 
by their fathers, or, m their absence, by their repre- 
sentatives (nvpLoi), before the assembled members 
of the phratria. For every child, a sheep or goat 
was sacrificed. The victim was called fielov, and 
he who sacrificed it fzecayoydc, fieiayuyetv. It is 
said that the victim was not allowed to be below,* 
or, according to Pollux, 5 above a certain weight. 
Whenever any one thought he had reason to oppose 
the reception of the child into the phratria, he stated 
the case, and, at the same time, led away the victim 
from the altar. 6 If the members of the phratria 
found the objections to the reception of the child to 
be sufficient, the victim was removed ; ' when no ob- 
jections were raised, the father, or he who supplied 
his place, was obliged to establish by oath that the 
child was the offspring of free-born parents and 
ciiizens of Athens. 7 After the victim was sacri- 
ficed, the phratores gave their votes, which they 
took from the altar of Jupiter Phratrius. When 
the majority voted against the reception, the cause 
might be tried before one of the courts of Athens; 
and if the claims of the child were found unobjec- 
tionable, its name, as well as that of the father, 
was entered in the register of the phratria, and 
those who had wished to effect the exclusion of the 
child were liable to be punished. 8 Then followed 
the distribution of wine and of the victim, of which 
every phrator received his share ; and poems were 
recited by the elder boys, and a prize was given to 
him who acquitted himself the best on the occa- 
sion. 9 On this day, also, illegitimate children, on 
whom the privileges of Athenian citizens were to 
be bestowed, as well as children adopted by citi- 
zens, and newly-created citizens, were introduced ; 
but the last, it appears, could only be received into 
a phi atria when they had previously been adopted 
by a citizen ; and their children, when born by a 
mother who was a citizen, had a legitimate claim 
to be inscribed in the phratria of their grandfather, 
on their mother's side. 10 In later times, however, 
the difficulties of being admitted into a phratria 
seem to have been greatly diminished. 

Some writers have added a fourth day to this 
festival, under the name of emSda ; n but this is no 
particular day of the festival, for emBda signifies 
uothing else but a dav subsequent to any festival. 12 

APELEUTHEROI. (Vid. Liberti.) 

♦APER. (Vid. Kapros.) 

APERTA NAVIS. (Vid. Aphractus/) 

APEX, a cap worn by the flamines and. salii at 
Rome. The use of it was very ancient, being 
reckoned among the primitive institutions of Numa. 

1. (Lex., s. v. Aop-nia.)— 2. (s. v. Aantrd<;.)— 3. (Tim., p. 21, b.) 
- 4. (Harpocrat., Suid., Phot., s. v. Mclov.)— 5. (iii., 52.) — 6. 
(Demosth.. c. Macart., p. 1054.)— 7. (Isaeus, de Haered. Ciron., 
Tt 100, t) IS.— Demosth., c. Eubul., p. 1315.)— 8. (Demosth., c. 
Macart., p. 1078.)— 9. (Plat., Tim., p. 21, b.)—10. (Platner, 
Beitrt^e, p. 168.)— 11. (Hesych., s. v. 'Ararovpia— Simplicius 
m Anstot., Phys... iv., p 167, a.)— 12. (Vid. Ruhnken, ad. Tim., 
Lej Plat., p. 119.) 



" Hinc ancilia, ab hoc apices, capidasque ','epe;1as.' u 

The essentia, part of the apex, to which alone tht 
name properly belonged, was a pointed piece of 
olive-wood, the base of which was surrounded with 
a lock of wool. This was worn on the top of the 
head, and was held there either by fillets only, or 
as was more commonly the case, by the aid of a 
cap, which fitted the head, and was also fastened 
by means of two strings or bands (amenta, lora*) 
These bands had, it appears, a kind of knot 61 
button, called offendix or offendiculum. 3 

The flamines were forbidden by law to go intG 
public, or even into the open air, without the apex. 1 
Sulpicius was deprived of the priesthood only be- 
cause the apex fell from his head while he wa? 
sacrificing. 5 

Dionysius of Halicarnassus describes the cap as 
being of a conical form. 6 On ancient monuments 
we see it round as well as conical. From its vari- 
ous forms, as shown on bas-reliefs and on coins of 
the Roman emperors, who, as priests, were entitled 
to wear it, we have selected six for the annexed 
woodcut. The middle figure is from a bas-relief, 
showing one of the salii with the rod in his righ' 
hand. (Vid. Ancile.) 




From apex was formed the epithet apicahis, ap- 
plied to the flamen dialis by Ovid. 7 

*APH'ACE (cupdnri), a kind of pulse or vetch. 
Fuchsius and Matthiolus refer it to the Vicia sepi- 
um; Dalechamp to the Vicia angustifolia ; Dodo- 
nsBUS and Stackhouse to the Lathyrus aphace. To 
this last Sprengel refers it in the first edition of his 
R. H. H., but in his edition of Dioscorides he hesi- 
tates as to whether it was the Vicia Bithynica, the 
V. lutea, or the V. hybrida. 8 

*APHAR'CE (d(pdpKT}), a plant mentioned by 
Theophrastus, 9 which Stackhouse suggests may be 
the RJiamnus alaterwus, or Evergreen Privet. Spren- 
gel, however, is in favour of the Philyrea angusti- 
folia. Schneider remarks, that some of the char- 
acters given by Theophrastus are wanting in the 
Philyrea. 10 

A$'ETOI H'MEPAI (uQerol rjiiepai) were the 
days, usually festivals, on which the (lovlrj did not 
meet at Athens. 11 

*APHTA (iKpla), a plant mentioned by Theo 
phrastus, but of which nothing can be made satis- 
factorily, in consequence of the short notice given 
by him. Stackhouse suspects that it may be a false 
reading for dpia. In another place he suggests 
that it may be the Caltha palustris, or Marsh Mari- 



gold. 18 



1. (Lucilius, Sat. ix. — Compare Virgil, JEn., viii., 663.) — 2. 
(Sen-, in Virg-., 1 c.)— 3. (Festus, s. v. Offendices.)— 4. (Scali- 
jrer in Fest., s. v. Apiculum.) — 5. (Val. Max., i., 1.) — 6. (Ant. 
Rom., ii.)— 7. (Fast., iii., 369.)— 8. (Dioscor., ii., 177.— Then- 
phrast., H. P., viii., 8. — Adams, Append., s. v.) — 9. (H. P., i« 
9 ; vii., 3, &c.)— 10. (Adams, Append., s. v )— 11. (Pollux, viii 
95.— Demosth., c. Timocr., c 7, p. 708.— Xen., Rep. Athen. 
iii.. 2, 8.— Aristoph., Thesmoph 79, 80.)— 12. (Theophrast., H 
P., vii., 8. — Adams, Append., s ) 



APHRODISIA. 



APIUM. 



APHLASTON. (Vid. Aplustre.) 
A4>OPM'H2 AIKH (a<pop[X7jg Siktj) was the action 
brought against a banker or money-lender (jpane- 
Ccttjg) to recover funds advanced for the purpose of 
being employed as banking capital. Though such 
moneys were also styled napaKaradf/Kat, or depos- 
ites, to distinguish them from the private capital of 
the banker (idta a<j>op{j,7/), there is an essential dif- 
ference between the actions atyopfiT/g and napa/cara- 
6/JKTic, as the latter implied that the defendant had 
refused to return a deposite intrusted to him, not 
upon the condition of his paying a stated interest 
for its use, as in the former case, but merely that it 
might be safe in his keeping till the affairs of the 
plaintiff should enable him to resume its possession 
in security. 1 The former action was of the class 
irpog TLva, and came under the jurisdiction of the 
thesmothetae. The speech of Demosthenes in be- 
half of Phormio was made in a napaypatyrj against 
an action of this kind. 

APHRACTUS (acbpanTog vavg), called also navis 
aperta, a ship which had no deck, but was merely 
covered with planks in the front and hinder part, as 
is represented in the following cut, taken from a 
f oin of Corcyra. 




The ships which had decks were called nard- 
QfMKTci, and tecta or strata* At the time of the 
Trojan war, the Greek ships had no decks, 3 but 
were only covered over in the prow and stern, 
which covering Homer calls the lupia vnog. Thus 
Ulysses, when preparing for combat with Scylla, 
says, ~Elg iKpia vrjog edaivov Upupng* Even in the 
time of the Persian war, the Athenian ships ap- 
pear to have been built in the same manner, since 
Thucydides expressly says that "these ships were 
not yet entirely decked." 5 

APHRODIS'IA ('AQpodloia) were festivals cele- 
brated in honour of Aphrodite in a great number of 
towns in Greece, but particularly in the island of 
Cyprus. Her most ancient temple was at Paphos, 
which was built by Aerias or Cinyras, in whose 
family the priestly dignity was hereditary. 6 No 
bloody sacrifices were allowed to be offered to her, 
but only pure fire, flowers, and incense ; 7 and, 
therefore, when Tacitus 8 speaks of victims, we 
must either suppose, with Ernesti, that they were 
killed merely that the priests might inspect their 
intestines, or for the purpose of affording a feast to 
the persons present at the festival. At all events, 
however, the altar of the goddess was not allowed 
to be polluted with the blood of the victims, which 
were mostly he-goats. Mysteries were also cele- 
brated at Paphos in honour of Aphrodite ; and 
those who were initiated offered to the goddess a 
piece of money, and received in return a measure 
of salt and a phallus. In the mysteries themselves, 



1. (Herald., Animadv. in Salm., 182.) — 2. (Compare Cic, 
Att., v., 11, 12, 13 ; vi., 8.— Liv., xxxi., 22.— Hirt., Bell. Alex., 
11, 13. — Cses., Bell. €iv., i., 56. — " Atque contexerant, lit essent 
ab ictu telorum remiges tuti," ii., 4. — Polyb., i., 20, () 15.) — 3. 
(OvSe ra ir\o~ia Ka~d<ppaKTa exovrai, Thucyd., i., 10.)— 4. (Od., 
xii., 229.) — 5. (avrai oviru) etx ov &« rdarig KaracrpwixaTcu, Thu- 
cyd., i., 14. — Vid. Scheffer, de Militia Navali, ii., c. 5, p. i30.) — 
6. (Tacit.., Hist., ii., 3.— Annal., iii., 62.)— 7. (Virg., JEn., i., 
116.) -8. (Hist., ii., 3.) 

68 



they received instructions kv ry tex v V /xoixixy. A 
second or new Paphos had been built, according to 
tradition, after the Trojan war, by the Arcadian 
Agapenor; and, according to Strabo, 1 men and 
women from other towns of the island assembled ai 
New Paphos, and went in solemn procession to 
Old Paphos, a distance of sixty stadia : and the 
name of the priest of Aphrodite, u-yr/Tvp* seems to 
have originated in Ms heading this procession. 
Aphrodite was worshipped in most towns of Cyprus, 
and in other parts of Greece, such as Cytnera, 
Sparta, Thebes, Elis, &c. ; and though no Aphro- 
disia are mentioned in these places, we have no 
reason to doubt their existence: we find them ex- 
pressly mentioned at Corinth and Athens, where 
they were chiefly celebrated by the numerous pros- 
titutes. 3 Another great festival of Aphrodite and 
Adonis, in Sestus, is mentioned by Musaeus. 4 

♦APIASTELLUM, the herb Crow-foot, Gold 
Knap, or Yellow Craw. It is the same with the 
Batrachium and Apium rusticum. 5 This same name 
is also applied sometimes to the Briony. Humel- 
bergius, however, thinks that in this latter case. 
Apiastellum is corrupted from Ophiostaphyle, whick 
last is enumerated by Dioscorides among the names 
of the Briony. 6 

*APIASTER, the Bee-eater, a species cf bird. 
(Vid. Merops.^ 

*APIASTRUM. {Vid. Melissophyllum.) 

*AP'ION (airiov), the Pyrus communis, or Pear- 
tree. 7 (Vid. Pyrus.) 

*AP / IOS (umog), a species of Spurge, the Eu- 
phorbia apios. 9 

*APIS (peliooa or -irra\ the Bee. "The natural 
history of the common hive-bee {Apis mellijka) is 
so remarkable, that it need not excite surprise that 
the ancients were but imperfectly acquainted with 
it. Among the earliest of the observers of the bee 
may be enumerated Aristotle 9 and Virgil, 10 as also 
Aristomachus of Soli in Cilicia, and Philiscus the 
Thasian. Aristomachus, we are told by Pliny, 
attended solely to bees for fifty-eight years; and 
Philiscus, it is said, spent the whole of his time in 
forests, investigating their habits. 11 Both these ob- 
servers wrote on the bee. Aristotle notices several 
other species besides the honey-bee, but in so brief 
a manner that they cannot be satisfactorily deter- 
mined." The bee plays an important part among 
the religious symbols of antiquity, and there ap- 
pears, according to some inquirers, a resemblance 
more than accidental between its Latin name and 
that of the Egyptian Apis}* 

*AP'IUM (aelivov), a well-known plant. Theo 
phrastus speaks of several sorts : the oeltvov tjue 
pov, which is generally thought to be our common 
Parsley ; the ItttcogeXivov, which seems to be what 
is now called Alesanders ; the eleioeeXivov, Wild 
Celery or Smallage ; and the bpeoce'livov, or Mount- 
ain-parsley. Virgil is generally thought by Apium 
to mean the first sort, that being principally culti- 
vated in gardens. Martyn, however, thinks he 
means the Smallage, which delights in the banks of 
rivulets, and hence the language of the poet, " viri- 
des apio ripce" and il potis gauderent rivis." F6e 
also makes the Apium of Virgil the same with the 
Apium graveolens, L., or kXeioci'kivov. Our celery 
is that variety of the A. graveolens which is called 
dulce by Miller. The wild species has a bitter, 
acrid taste, and is unfit to eat. — According to the 
generality of writers, the term apium comes from 
apis, because bees are fond of this plant. A much 
better derivation, however, is from the Celtic apon, 



1. (xiv., p. 244, ed. Tauchnitz.) — 2. (Hesych., s. v.) — 3. 
(Athenams, xiii., p. 574, 579 ; xiv., p. 659.) — 4. (HeroetLeand., 
42.)— 5. (Apul., de Herb., c. 8.)--6. (Diosco- .v., 184.— Hu- 
melberg'. in loc.)— 7. (Dioscor., i. ; 167.)— 8. ' >»ioscor., iv., 174.) 
—9. (H. A., v., 19.)— 10. (Geor£.,iv.)— 11. (Win., H. N., xi., 0.) 
—12. (Creuzer, Symbol ik, ii., 183 ; iii., 354 ; iv., 391. &c > 



APLUSTRE. 



APOCYNON. 



11 vpater." The French term ache comes from aches, 
in the same language, signifying " a brook. ' 

APLUSTRE (ufXaarov), an ornament of wooden 
planks, which constituted the highest part of the 
poop oi" a ship. 

The position of the aplustre is shown in the rep- 
resentations of ancient vessels in the articles An- 
chora and Antenna. The forms there exhibited 
show a correspondence in the general appearance 
and effect between the aplustre which terminated 
the stern, and the a/cpoaToXiov which advanced to- 
wards it, proceeding from the prow. (Vid. Acros- 
tolion.) At the junction of the aplustre with the 
stern, on which it was based, we commonly observe 
?n ornament resembling a circular shield: this was 
called aaiudelov or uc-nridiaKi] Tt is seen on the 
t'vo aplustria here represented. 




a the history of the Argonautic expedition, a 
hird is described, which perches on the aplustre of 
the ship Argo, and delivers oracular counsel. 1 Af- 
terward, the extremities of this appendage to the 
stern are smashed by the collision of the Symple- 
gades, while the bod/ of the vessel narroAvly escapes 
on its passage between those islands. 3 

In the battle at the ships related by Homer, 3 as 
they had their poops landward, and nearest to the 
Trojans, Hector takes a firm hold of one by its ap- 
lustre, while he incites his followers to bring fire 
and burn them. After the battle of Marathon, 
some similar incidents are mentioned by Herodo- 
tus, 4 especially the distinguished bravery of Cynae- 
giras, brother of the poet iEschylus, who, having 
seized the aplustre of a Persian ship, had his hand 
cut off by a hatchet. In these cases we must sup- 
pose the aplustre to have been directed, not towards 
the centre of the vessel, but in the opposite direc- 
tion. 

The aplustre rose immediately behind the guber- 
nator, who held the rudder and guided the ship, and 
it served in some degree to protect him from the 
wind and rain. The figure introduced in the arti- 
cle Anchora shows that a pole, spear, or standard 
{arr^'kie, arvlig) was sometimes erected beside the 
aplustre, to which a fillet or pennon (raivla) was 
attached. This served both to distinguish and 
adorn the vessel, and also to shew the direction of 
the wind. In the figure of a ship, sculptured on the 
column of Trajan, we see a lantern suspended from 
the aplustre so as to hang over the deck below the 
gubcrnator. In like manner, when we read in Vir- 
gil,* " Puppibus et Iceti nautce imposuere coronas" we 
must suppose the garlands, dedicated to the domes- 

I (Apollon. Rhod., i. 1089.)- 2. (Apollodor., i., 9, 22.— Apol- 
hn Rhod., ii., 601.— Val. Flncc. iv.)— 3. (II., xv., 716.)— 4. (vi., 
1(4 )— 5. (Georj:., i., 304.— JRn , iv., 418.) 



tic or marine divinities, and regarded as symbols oi 
a prosperous voyage, to be attached to the aplus- 
tria ; and to these and similar decorations, express- 
ive of joy and hope, Gregory Nazianzen appears 
to allude in the phrase uvdea npvuvric? and Apollo 
nius Rhodius 3 in the expression uQMaroio n6pvfi6a. 

It is evident that the aplustre, formed of compar- 
atively thin boards, and presenting a bread surface 
to the sky, would be very apt to be shaken by violent 
and contrary winds. Hence Rutilius, desciibing a 
favourable gale, says: " Inconcussa vehit tranquilly 
aplustria flatus ; Mollia sccuro vela rudente tremunt." 

In consequence of its conspicuous position and 
beautiful form, the aplustre was often taken as the 
emblem of maritime affairs. It was carried off as 
a trophy by the conqueror in a naval engagement. 
Juvenal* mentions it among the decorations of a 
triumphal arch. 

Neptune, as represented on gems and medals, 
sometimes holds the aplustre in his right hand ; and 




in the celebrated Apotheosis of Homer, now in the 
British Museum, the female who personates the 
Odyssey exhibits the same emblem in reference to 
the voyages of Ulysses. 

APOB'ATE (ano |3u777c). (Vid. Desultores.) 

APOKER'YXIS (cnroK7]pv%Le) implies the method 
by which a father could at Athens dissolve the legal 
Connexion between himself and his son. Accord- 
ing to the author of the declamation on the subject 
('A7iOK7}pvTT6fj.£voe), which has generally been at- 
tributed to Lucian, substantial reasons were re- 
quired to ensure the ratification of such extraordi- 
nary severity. Those suggested in the treatise re- 
ferred to are, deficiency in filial attention, riotous 
living, and profligacy generally. A subsequent act 
of pardon might annul this solemn rejection ; but 
if it were not so avoided, the son was denied by his 
father while alive, and disinherited afterward. It 
does not, however, appear that his privileges as to 
his tribe or the state underwent any alteration. 
The court of the archon must have been that in 
which causes of this kind were brought forward, 
and the rejection would be completed and declared 
by the voice of the herald. It is probable that an 
adoptive father also might resort to this remedy 
against the ingratitude of a son.* 

APOCHEIROT'ONEIN (aTzo X eipo-ovuv). {Vid. 
Archairesia.) 

♦APO'CYNON (u7t6kvvov), a species of plant, 
which Matthiolus informs us he long despaired of 
discovering ; but that, at last, he was presented with 
a specimen of a plant which he was satisfied was 
it. He refers to the Cynanchus erectus, L. Dodo- » 
n?eus confounds it with the Periploca, to which, as 
Miller remarks, it bears a striking resemblance. 
Stephens describes it as being frequent in Burgun- 
dy, having an ivy leaf, white flower, and fruit like 
a* bean.* 



1. (Carm. x., 5.)— 2. (1. c.)— 3. (x., 135.)-4. (Derr.osth. ia 
Spud., 1029.— Petit., Leg. Att., 235.)— 5. (Diosor., iv., « - 
Adams, Append., s. v.) 



APOGRAPHE. 



APOLLONIA. 



APODECT^E (ciTrodeKTai) were public officers 
at Athens, who were introduced by Cleisthenes in 
the place of the ancient colacretae (KuXaKpeTat). 
They were ten in number, one for each tribe, and 
their duty was to collect all the ordinary taxes, and 
distribute thera to the separate branches of the ad- 
ministration which were entitled to them. They 
had the power to decide causes connected with the 
subjects under their management; though, if the 
matters in dispute were of importance, they were 
obliged to bring them for decision into the ordinary 
courts. 1 

APOG'RAPHE imoypafyfj) is, literally, a " list or 
register;" but, in the language of the Attic courts, 
the terms cmoypafyeiv and dnoypd^eadai had three 
separate applications: 1. 'AnoypaQij was used in 
reference to an accusation in public matters, more 
particularly when there were several defendants; 
the denunciation, the bill of indictment, and enu- 
meration of the accused, would in this case be term- 
ed apographe, and differ but little, if at all, from the 
ordinary graphe. 2 2. It implied the making of a 
solemn protest or assertion before a magistrate, to 
the intent that it might be preserved by him till it 
was required to be given in evidence. 3 3. It was a 
specification of property, said to belong to the state, 
but actually in the possession of a private person ; 
which specification was made with a view to the 
confiscation of such property to the state.* 

The last case only requires a more extended il- 
lustration. There would be two occasions upon 
which it would occur: first, when a person held 
public property without purchase, as an intruder; 
and, secondly, when the substance of an individual 
was liable to confiscation in consequence of a judi- 
cial award, as in the case of a declared state debt- 
or. If no opposition were offered, the diroypacprj 
would attain its object, under the care of the ma- 
gistrate to whose office it was brought ; otherwise 
a public action arose, which is also designated by 
the same title. 

In a cause of the first kind, which is said in 
some cases to have also borne the name nodev 
iX£L ta xPVf iara KaL nbca ravra dij, the claimant 
against the state had merely to prove his title to the 
property ; and with this we must class the case of a 
person that impugned the diroypa^, whereby the 
substance of another was, or was proposed to be, 
confiscated, on the ground that he had a loan by 
way of mortgage or other recognised security upon 
a portion of it: or that the part in question did not 
in any way belong to the state debtor, or person so 
mulcted. This kind of opposition to the tnroypafij 
is illustrated in the speech of Demosthenes against 
Nicostratus, in which we learn that Apollodorus 
had instituted an anoypatyri against Arethusius, for 
non-payment of a penalty incurred in a former ac- 
tion. Upon this, Nicostratus attacks the description 
of the property, and maintains that three slaves 
were wrongly set down in it as belonging to Are- 
thusius, for they were, in fact, his own. 

In the second case, the defence could, of course, 
only proceed upon the alleged illegality of the for- 
mer penalty; and of this we have an instance in 
the speech of Lysias for the soldier. There Poly- 
genus had been condemned by the generals to pay a 
fine for a breach of discipline; and, as he did not 
pay it within the appointed time, an anoypatyfj to 
the amount of the fine was directed against him, 
which he opposes, on the ground that the fine was 
illegal. The imoypayfi might be instituted by an 
Athenian citizen ; but if there were no private pros- 
ecutor, it became the duty of the demarchi to pro- 
ceed with it officially. Sometimes, however, extra- 

1. (Pollux, Onom., viii., 97. — Etymolog. Mag. — Harpocrat. — 
Aristot., Pol., vi., 5, 4.— Demosth., c. Timocr., p. 750, 762 — 
jEsch., c. Ctes., p. 375.)— 2. (Andoc. De Myst., 13.— Antiph., 
De Cho-eut., 783.)— 3. (Demosth in Phamipp., 1040.)— 4. (Lys- 
ias, De Aristoph. Bonis., 
70 



ordinary commissioners, as the ovlXoyeic and &Tr r 
rat, were appointed for the purpose. The suits in- 
stituted against the aTzoypafy-f] belonged to the ju 
risdiction of the Eleven, and, for a while, to tha 4 . 
of the Syndici. 1 The farther conduct of thes* 
causes would, of course, in a great measure, depend 
upon the claimant being or not being in possession 
of the proscribed property. In the first case the 
anoypatytov, in the second the claimant, would ap- 
pear in the character of a plaintiff. In a case like 
that of Nicostratus above cited, the claimant would 
be obliged to deposite a certain sum, which he for- 
feited if he lost his cause (7rapatcaTa.6o?iij) ; in all. 
he would probably be obliged to pay the costs oi 
court fees (npvravela) upon the same contingency. 

A private citizen, who prosecuted an individual', 
by means of anoypafyfi, forfeited a thousand drachma? 
if he failed to obtain the votes of one fifth of tht 
dicasts, and reimbursed the defendant his prytaneia 
upon acquittal. In the former case, too, he would 
probably incur a modified atimia, i. e., a restriction 
from bringing such actions for the future. 

AnOAEI'^EftS AI'KH (airofatyeog Mktj). The 
laws of Athens permitted either the husband or tht 
wife to call for and effect a separation. If it ori- 
ginated with the wife, she was said to leave hei 
husband's house (dTroieiireiv) ; if otherwise, to be 
dismissed from it (dTroTre/Lnricdai). The dismissa? 
of the wife seems to have required little, if any, for- 
mality ; but, as in one instance we find that the hus- 
band called in witnesses to attest it, we may infei 
that their presence upon such an occasion was cus- 
tomary, if not necessary. 3 If, however, it was the 
wife that first moved in the matter, there were othci 
proceedings prescribed by a law of Solon ; and the 
case of a virtuous matron like Hipparete, driven, by 
the insulting profligacy of her husband Alcibiades, 
to appear before the archon sitting in Ins court, and 
there relate her wrongs and dictate their enrolment, 
must have been trying in the extreme. No nvpioi 
was permitted to speak for her upon this occasion ; 
for, until the separation was completed, her husband 
was her legal protector, and her husband was now 
her opponent. 8 Whether the divorce was voluntary 
or otherwise, the wife resorted to the male relative, 
with whom she would have remained if she had 
never quitted her maiden state; and it then became 
his duty to receive or recover from her late husband 
all the property that she had brought to him in ac- 
knowledged dowry upon their marriage. If, upon 
this, both parties were satisfied, the divorce was 
complete and final ; if otherwise, an action ditoku- 
ipeoc or dnoirepiTpeuc would be instituted, as the case 
might be, by the party opposed to the separation. 
In this the wife would appear by her representa- 
tive, as above . mentioned ; but of the forms of the 
trial and its results we have no information. 

APOLLO'NIA ('AiroXltJvia) is the name of a pro- 
pitiatory festival solemnized at Sicyon in honour 
of Apollo and Artemis, of which Pausanias 4 gives 
the following account: Apollo and Artemis, after 
the destruction of the Python, had wished to be pu- 
rified at Sicyon (Mgialea) ; but, being driven away 
by a phantom (whence, in aftertimes, a certain spot 
in the town was called <p66o^\ they proceeded to 
Carmanos in Crete. Upon this, the inhabitants of 
Sicyon were attacked by a pestilence, and the seers 
ordered them to appease the deities. Seven boys 
and the same number of girls were ordered to go to 
the river Sythas, and bathe in its waters ; then to 
carry the statues of the two deities into the Tem- 
ple of Peitho, and thence back to that of Apollo. 
Similar rites, says Pausanias, still continue to be 
observed ; for, at the festival of Apollo, the boys go 
to the river Sythas, and carry the two deities into 

1. (Upbs to?? avvSUois azoypiKpas a-rroypdQwv Lycurg-., quo- 
ted by Harpocration.)— 2. (Lysias in. Alcib., 541 1. 7.)— 3. (Pint. 
in Ale.)— 4. (ii., 7, $ 7.) 



APORRHETA. 



APOTHEOSIS. 



the Tempie of Peitho, and thence back to that of 
Apollo. 

Although festivals under the name of Apollonia, 
in honour of Apollo, are mentioned in no other 
place, still it is not improbable that they existed 
under the same name in other towns of Greece. 

APOMOS'IA {anufiooia) denoted the affidavit of 
the litigant who impugned the allegations upon 
which the other party grounded his petition for 
postponement of the trial. (Vid. Hypomosia.) If 
it were insisted upon, it would lead to a decision of 
the question of delay by the court before which the 
petition was preferred. 1 

AnonEM*'EC2 AIKH. {Vid. AII0AEr*EQ2 
AIKH.) 

; APOPHAN'SIS or APOPHYSIS {un6$avoie or 
Qir6<f>a(n$) was used in several significations in the 
Attic courts. I. It signified the proclamation of 
the decision which the majority of the judges came 
to at the end of a trial. This proclamation appears 
to have been made by means of a herald. 2 II. It 
was used to signify the day on which the trial took 
place. 3 III. It was employed to indicate the ac- 
count of a person's property, which was obliged to 
be given when an uvrtdoatg was demanded. (Vid. 
Antidosis.) 

APOPH'ORA (airoQopd), which properly means 
" produce or profit" of any kind, was used at Ath- 
ens to signify the profit which accrued to masters 
from their slaves.* It thus signified the sum which 
slaves paid to their masters when they laboured on 
their own account, and the sum which masters re- 
ceived when they let out their slaves on hire, either 
for the mines or "any other kind of labour, and also 
the money which was paid by the state for the use 
of the slaves who served in the fleet. 5 The term 
inro(popd was also applied to the money which was 
paid by the allied states to Sparta, for the purpose 
of carrying on the war against the Persians. When 
Athens acquired the supremacy, these moneys were 
called <j>6poi. 

APOPHORETA (airo<p6p7]Ta) were presents, 
which were given to friends at the end of an enter- 
tainment to take home with them. These presents 
appear to have been usually given on festival days, 
especially during the Saturnalia. 6 

AIT0'<1>PAAE2 'H'MEPAI ( faofpudes Vfiepai) 
were unlucky or unfortunate days, on which no pub- 
lic business, nor any important affairs of any kind, 
were transacted at Athens. Such were the last three 
days but one of every month, 7 and the twenty-fifth 
day of the month Thargelion, on which the plynte- 
ria were celebrated. 8 

♦APORRHA'IDES (uTroppdiSec), a species of sea- 
animal noticed by Aristotle, belonging to the genus 
Murex according to Rondolet and Gesner. Lin- 
naeus calls it Cochlea aporrha'is. 9 

_ APORRHE'TA (oTrd^ra), literally " things for- 
bidden," has two peculiar but widely different ac- 
ceptations in the Attic dialect. In one of these it 
implies contraband goods, an enumeration of which, 
at the different periods of Athenian history, is given 
by Bockh ; 10 in the other it denotes certain contume- 
lious epithets, from the application of which both 
the Aving and the dead were protected by special 
laws. 11 Among these, dvdpotyovoq, narpaXoiac, and 
(iTjTpalviac are certainly to be reckoned ; and other 
words, as ptyawniq, though not forbidden nominatim 



1 (Pollux, viii., 56.)— 2. ( f Om5rai> ray iprj(pou$ avaKTjpvTTUvi 
t&v Kpirwv. Lucian, pro Imagin., c. 29.) — 3. (Demosth., c. 
Energet., c. 13, p. 1153.— Lex. Rhet., p. 210.)— 4. (ano<popa 
iarl ru curb Twv (5ot)A<t>v rols Secrxorais -napix^^tva xpfmara. 
A-mmonius.)— 5. (Demosth., c. Aphob., i., c. 6, p. 819 ; c. Ni- 
costr., c. 6, p. 1253.— Andoc., De Myster., c. 9, p. 19.— Xen., 
Rep. Ath., i., 11.)— 6. (Suet., Vesp., 19.— Cal., 55.— Octav., 75. 
—Martial, xiv., 1,7, 8.)— 7. (Etymol. Mag.)— 8. (Plut., Alcib., 
c 34.— Lucian, Pseudolog., c. 13.— Schdmarm, De Comit. Ath., 
p. 50.)— 9. (Adams, Append., s. v.)— 10. (Pub. Econ. of Athens, 
1., p 76.) -I] . (Meier. Att. Process, p. 4S2.) 



by the law, seem to have been equal ij acjonabie.* 
The penalty for using these words was a fine of 500 
drachmas, 3 recoverable in an action for abusive lan- 
guage. (Vid. Kakegorias.) It Is surmised that 
this fine was incurred by Midias in two actions on 
the occasion mentioned by Demosthenes. 3 

An02TA2 , IOT AIKH (dirooraoiov dint)). This is 
the only private suit which came, as far as ws knew, 
under the exclusive jurisdiction of the polemarch* 
It could be brought against none but a freedman 
(aire?,evd£poc_), and the only prosecutor permitted to 
appear was the citizen to whom he had been in- 
debted for his liberty, unless this privilege was 
transmitted to the sons of such former master. The 
tenour of the accusation was, that there had been a 
default in duty to the prosecutor ; but what atten- 
tions might be claimed from the freedman, we are 
not informed. It is said, however, that the great- 
est delict of this kind was the selection of a patron 
(irpooTdrrjc) other than the former master. If con- 
victed, the defendant was publicly sold ; but if ac- 
quitted, the unprosperous connexion ceased forever, 
and the freedman was at liberty to select any citizen 
for his patron. The patron could also summarily 
punish the above-mentioned delinquencies of his 
freedman by private incarceration without any le- 
gal award. 5 

APOST'OLEIS (dTrooToTitic) were ten public offi- 
cers at Athens, whose duty was to see that the ships 
were properly equipped and provided by those who 
were bound to discharge the Hierarchy. They had 
the power, in certain cases, of imprisoning the trier- 
archs who neglected to furnish the ships properly ;• 
and they appear to have constituted a board in con- 
junction with the inspectors of the docks (o'c rwv 
veoptuv e7nfie'A7]Tai) for the prosecution of all mat- 
ters relating to the equipment of the ships. 7 

APOTHE'CA (dTzodfjKTj) was a place in the uppei 
part of the house, in which the Romans frequently 
placed the earthen amphorae in which their wines 
were deposited. This place, which was quite dif- 
ferent from the cella vinaria, was above the fuma- 
rium., since it was thought that the passage of the 
smoke through the room tended greatly to increase 
the flavour of the wine. 8 

APOTHEO'SIS (dTTodiootc), the enrolment of a 
mortal among the gods. The mythology of Greece 
contains numerous instances of the deification of 
mortals, but in the republican times of Greece we 
find few examples of such deification. The inhab- 
itants of Amphipolis, however, offered sacrifices to 
Brasidas after his death; 9 and the people of Egeste 
built a heroum to Philippus, and also offered sacri- 
fices to him on account of his personal beauty. 10 In 
the Greek kingdoms, which arose in the East en the 
dismemberment of the empire of Alexander, it does 
not appear to have been uncommon for the success- 
or to the throne to have offered divine honours to 
the former sovereign. Such an apotheosis of Ptol- 
emy, king of Egypt, is described by Theocritus in 
his 17th Idyl." 

The term apotheosis, among the Romans, prop- 
erly signified the elevation of a deceased emperor 
to divine honours. This practice, which was com- 
mon upon the death of almost all the emperors, ap- 
pears to have arisen from the opinion, which was 
generally entertained among the Romans, that the 
souls or manes of their ancestors became deities; 
and, as it was common for children to worship the 
manes of their fathers, so it was natural for divine 

1, (Lysias, c. Theomn., i., 353 ; ii., 377.— Vid. Herald., Ani- 
mad. in Salmas., c. 13.) — 2. (Isocr. in Loch., 396.)— J. (in Mid., 
540, 543.— Vid. etiam Hudtwalcker, de Diaetet., p. 150.)— 4 
(Aristot., De Ath. Rep., quoted by Harpocrat.) — 5. (Petit., 
Leg?. Attic, p. 261.)— 6. (Demosth., pro Cor., p. 262.)— 7. (De- 
mosth., c. Euerg., p. 1147. — Meier, Att. Process, p. 112.) — 8 
(Colum., i., 6, (f 20.— Hor., Carm. iii., 8, 11 : Sat. ii., 5,7.— 
HeindorfTin loc.)— 9. (Thucyd., v., 11.)— 10. (Ilerod., v.,. 48.)— 
11. (Casaubon in Suet., Jul., 88.) 



APOTHEOSIS. 



APPELLATIO. 



honours to be publicly paid to a deceased emperor, 
who was regarded as the parent of his country. 
This apotheosis of an emperor was usually called 
consecratio; and the emperor who received the hon- 
our of an apotheosis was usually said in deorum nu- 
•merum refeni, or consecrari. Romulus is said to have 
been admitted to divine honours under the name of 
duirinus. 1 

None of the other Roman kings appears to have 
received this honour; and also in the republican 
times we read of no instance of an apotheosis. Ju- 
lius Caesar was deified after his death, and games 
were instituted to his honour by Augustus. 2 The 
ceremonies observed on the occasion of an apothe- 
osis have been minutely described by Herodian 2 
in the following passage : " It is the custom of the 
Romans to deify those of their emperors who die 
leaving successors, and this rite they call apotheo- 
sis. On this occasion a semblance of mourning, 
combined with festival and religious observances. 
is visible throughout the city. The body of the 
dead they honour after human fashion, with a splen- 
did funeral ; and, making a waxen image in all re- 
spects resembling him, they expose it to view in the 
vestibule of the palace, on a lofty ivory couch of 
great size, spread with cloth of gold. The figure is 
made pallid, like a sick man. During most of the 
day senators sit round the bed on the left side, clo- 
thed in black, and noble women on the right, clo- 
thed in plain white garments, like mourners, wear- 
ing no gold or necklaces. These ceremonies con- 
tinue for seven days ; and the physicians severally 
approach the couch, and, looking on the sick man, 
say that he grows worse and worse. And when 
they have made believe that he is dead, the noblest 
of the equestrian and chosen youths of the senato- 
rial orders take up the couch, and bear it along the 
Via Sacra, and expose it in the old forum. Plat- 
forms, like steps, are built upon each side, on one of 
which stands a chorus of noble youths, and on the 
opposite a chorus of women of high rank, who sing 
hymns and songs of praise to the deceased, modu- 
lated in a solemn and mournful strain. Afterward 
they bear the couch through the city to the Campus 
Martius, in the broadest part of which a square pile 
is constructed entirely of logs of timber of the lar- 
gest size, in the shape of a chamber, filled with fag- 
ots, and on the outside adorned with hangings in- 
ters oven with gold, and ivory images, and pictures. 
UpOit this a similar but smaller chamber is built, 
with open doors and windows, and above it a third 
and fourth, still diminishing to the top, so that one 
might compare it to the lighthouses which are call- 
ed Phari. In the second story they place a bed, 
and collect all sorts of aromatics and incense, and 
every sort of fragrant fruit, or herb, or juice ; for all 
cities, and nations, and persons of eminence emu- 
late each other in contributing these last gifts in 
honour of the emperor. And when a vast heap of 
aromatics is collected, there is a procession of horse- 
men and of chariots around the pile, with the dri- 
vers clothed in robes of office, and wearing masks 
made to resemble the most distinguished Roman 
generals and emperors. When all this is done, the 
others set fire to it on every side, which easily 
catches hold of the fagots and aromatics; and from 
the highest and smallest story, as from a pinnacle, 
an eagle is let loose, to mountinto the sky as the fire 
ascends, which is believed by the Romans to carry 
the soul of the emperor from earth to heaven, and 
from that time he is worshipped with the other gods." 
In conformity with this account, it is common to 
see on medals struck in honour of an apotheosis an 
a] :ar with fire on it, and an eagle, the bird of Jupi- 
ter, taking flight into the air. The number of med- 
als of this description is very numerous. We can, 



from these medals alone, trace the names of sixty 
individuals who received the honours of an apothe- 
osis, from the time of Julius Caesar to that of Con- 
stantine the Great. On most of them the word 
Consecratio occurs, and on some Greek coins thn 
word A4>1EP£2C12. The following woodcut is t» 



^ ps^m *^. -f^m M^ ^^rnvm ^ 




ken from an agate, which is supposed to repre'vat 
the apotheosis of Germanicus. 1 In his le& har»a h* 
holds the cornucopia, and Victory is placing l. Lau- 
rel crown upon him. 

A very similar representation to the above is 
found on the triumphal arch of Titus, on which Ti- 
tus is represented as being carried up to the skies 
on an eagle. 

Many other monuments have come down to us 
which represent an apotheosis. Of these the most 
celebrated is the bas-relief in the Townley gallery 
in the British Museum, which represents the apothe"- 
osis of Homer. It is clearly of Roman workman- 
ship, and is supposed to have been executed in the 
time of the Emperor Claudius. An interesting ac- 
count of the various explanations which have been 
proposed of this bas-relief is given in the Townley 
Gallery, published by the Society for the Diffusion 
of Useful Knowledge, vol. ii., p. 119, &c. 

There is a beautiful representation of the apothe- 
osis of Augustus on an onyx-stone in the royal mu- 
seum at Paris. 

The wives, and other female relatives of the em- 
perors, sometimes received the honour of an apothe- 
osis. This was the case with Livia Augusta, with 
Poppaea the wife of Nero, and with Faustina the 
wife of Antoninus. 3 

For farther information on this subject, see 
Mencken, Disputaiio de Consecratione, &c.;. and 
Schcepflin, Tractatus de Apotheosi, &c, Argent., 1730 

APPARITO'RES, the general name for the pub- 
lie servants of the magistrates at Rome, namely, the 
Accensi, Carnifex, Coactores, Interpretes, Lie- 
tores, Pr^cones, Scribe, Stator, Strator, YlA- 
tores, of whom an account is given in separate ar- 
ticles. They were called apparitores because they 
were at hand to execute the commands of the ma- 
gistrates. 3 Their service or attendance was called 
apparition The servants of the military tribunes 
were also called apparitores. We read that the 
Emperor Severus forbade the military tribunes to 
retain the apparitores, whom they were accustomed 
to have. 5 

Under the emperors, the apparitores were divided 
into numerous classes, and enjoyed peculiar privi- 
leges, of which an account is given in Just., Cod. 12, 
tit 52—59 

APPELLATIO (GREEK), (fytmg or uvadiKia). 
Owing to the constitution of the Athenian tribunals, 
each of which was generally appropriated to its 



1. (Plut., Rom., 27. 28.— Liv . i., 1(5..— Cic, De Rep., »„ JO,) 
* 'fSuet., Jn1.,Sl'.)— ? (i'V,.,3.) 
72 



1. (Montfaucon, Ant. Expl, Suppl., vol. v., p. 137 ' — 2 (Suet., 
Claud., 11. — Dion., Ik,, 5. — Tac., Ann., xvi., 21 -Cepitolin., 
Anton. Philos., 26.) — 3. ("Quod iis apparebant e? pra>t>to crant 
ad obsequium." Serv. in Vir^,, JEn., xii., 850 — Ci«\, pro Chi 
ent., c, 53,— Liv., i., 8.) — 4, (C.ir.., ad Fam., xin.,54, a<l Qn 
Fr„ i,. 1. d 4.)— 5. (Lamprid.. Sev.. c 52.) 



APPELLATIO. 



APPELLATIO. 



particular subjects of cognizance, and, therefore, 
coultl not be considered as homogeneous with, or 
subordinate to, any other, there was little opportu- 
nity for bringing appeals, properly so called. It is 
to be observed, also, that in general a cause was 
anally and irrevocably decided by the verdict of the 
dicasts (61ktj avroTe/jc). There were, however, 
»ome exceptions, in which appeals and new trials 
might be resorted to. 

A new trial to annul the previous award might 
"e obtained, if the loser could prove that it was not 
jwing to his negligence that judgment had gone by 
aefault, or that the dicasts had been deceived by 
false witnesses. (Compare EPHM02 AIKH, KA- 
KOTEXNIGN, and *ETAOMAPTYPIQN AIKAI.) 
And upon the expulsion of the thirty tyrants, a spe- 
cial law annulled all the judgments that had been 
given during the usurpation. 1 The peculiar title of 
the above-mentioned causes was dvddcKoc Sikcu, 
which was also applied to all causes of which the 
subject-matter was by any means again submitted 
to the decision of a court. 

An appeal from a verdict of the heliasts was al- 
lowed only when one of the parties was a citizen of 
a foreign state, between which and Athens an agree- 
ment existed as to the method of settling disputes 
between individuals of the respective countries 
(dinai. and ovfidohwv). If such a foreigner lost his 
cause at Athens, he was permitted to appeal to the 
proper court in another state, which (eKKhrjTog 
-n67.il;) Bockh, Schomann, and Hudtwalcker sup- 
pose to have been the native country of the liti- 
gant. Platner, on the other hand, arguing from the 
intention of the regulation, viz., to protect both par- 
ties from the partiality of each other's fellow-citi- 
zens, contends that some disinterested state would 
probably be selected for this purpose. The techni- 
cal words employed upon this occasion are hnna- 
'Ktlv, EKKaAEioOai, and rj 6kk?\ijtoc, the last used as a 
substantive, probably by the later writers only, for 
fyecic* This, as well as the other cases of ap- 
peal, are noticed by Pollux 3 in the following words : 
" 'Edeatg is when one transfers a cause from the 
arbitrators (diaiTijTai), or archons, or men of the 
township (drifiorat), to the dicasts, or from the sen- 
ate to the assembly of the people, or from the as- 
sembly to a court (dacaaTTJpiov), or from the dicasts 
to a foreign tribunal ; and the cause was then term- 
ed efeaifioc. Those suits were also called IkkX^tol 
Alkcu. The deposite staked in appeals, which we 
now call Trapa66?\iov, is by Aristotle styled napado- 
Xov." The appeals from the diaitetae are generally 
mentioned by Demosthenes ;* and Hudtwalcker sup- 
poses that they were allowable in all cases except 
when the utj ovaa diari was resorted to. ( Vid. 
Dike.) 

It is not easy to determine upon what occasions 
an appeal from the archons could be preferred ; for, 
after the time of Solon, their power of deciding 
causes had degenerated into the mere presidency of 
a court (T]-yefj.ovia dutaGrriplov), and the conduct of 
the previous examination of causes (jiv&Kpiois). It 
has been also remarked, 5 that upon the plaintiff's 
Buit being rejected in this previous examination as 
unfit to be brought before a court, he would most 
probably proceed against the archon in the assem- 
bly of the people for denial of justice, or would 
wait till the expiration of his year of office, and at- 
tack him when he came to render the account of 
his conduct in the magistracy (evdvvai*). An ap- 
peal, however, from the archons, as well as from 
all othei officers, was very possible, when they im- 
posed a fine of their own authority, and without 
the sar.ition of a court; and it might also take 



1. (Demost.-u, c. Timocr., 718, 8-19.)— 2. (Harpocr.— Hudtw., 
U3 Diaetet., 125.)— 3. (viii., 62, 63.)— 4. (c. Aphob., 862.— c. 
Buot., Do Dote, 1013, 1017, 1024.)— 5. (Plainer, Proc und 
Klag., i , 243.)— 6. (Antiph., Pe Choreut., 788.) 



place when the king archon had by iii sole voice 
made an award of dues and privileges (yepa) con- 
tested by two priesthoods or sacerdotal races. 1 

The appeal from the demotae would occur when 
a person, hitherto deemed one of their members, 
had been declared by them to be an intruder, and 
no genuine citizen. If the appeal were made, the 
demotae appeared by their advocate as plaintiff, and 
the result was the restitution of the franchise, oi 
thenceforward the slavery of the defendant. 

It will have been observed, that in the last three 
cases, the appeal was made from few, or single, or 
local judges to the heliasts, who were considered 
the representatives of the people or country. With 
respect to the proceedings, no new documents seem 
to have been added to the contents of the echinus 
upon an appeal; but the anacrisis would be con- 
fined merely to an examination, as far as was ne- 
cessary, to those documents which had been already 
put in by the litigants. 

There is some obscurity respecting the two next 
kinds of appeal that are noticed by Pollux. It is 
conjectured by Schomann 2 that the appeal from the 
senate to the people refers to cases which the for- 
mer were, for various reasons, disinclined to decide, 
and by Platner, 3 that it occurred when the senate 
was accused of having exceeded its powers. 

Upon the appeal from the assembly to court, there 
is also a difference of opinion between the two last, 
mentioned critics, Schomann* maintaining that the 
words of Pollux are to be applied to a voluntary 
reference of a cause by the assembly to the dicasts, 
and Platner suggesting the possible case of one that 
incurred a praejudicium of the assembly against 
him (7rpo6o2,7J, Karaxzi-poTovia), calling upon a court 
(diKacTfjpiov) to give him the opportunity of vindica- 
ting himself from a charge that his antagonist de- 
clined to follow up. Platner also supposes the case 
of a magistrate summarily deposed by the assem- 
bly, and demanding to prove his innocence before 
tlip Jiplifists 

APPELLA'TIO (ROMAN). This word, and 
the corresponding verb appellate, are used in the 
early Roman writers to express the application of 
an individual to a magistrate, and particularly to a 
tribune, in order to protect himself from some wrong 
inflicted, or threatened to be inflicted. It is distin- 
guished from provocation which in the early writers 
is used to signify an appeal to the populus in a 
matter affecting life. It would seem that the provo- 
catio was an ancient right of the Roman citizens. 
The surviving Horatius, who murdered his sister, 
appealed from the duumviri to the populus. 5 The 
decemviri took away the provocatio ; but it was re- 
stored by a lex consularis provocatione, and it was 
at the same time enacted that in future no magis- 
trate should be made from whom there should be 
no appeal. On this Livy 6 remarks, that the plebes 
were now protected by the provocatio and the trilu- 
nicium auxilium; this latter term has reference to 
the appellatio, properly so called. Appius 7 applied 
(appellavit) to the tribunes ; and when this produced 
no effect, and he was arrested by a viator, he ap- 
pealed (pro*;ocavit). Cicero 8 appears to allude tc 
the re-establishment of the provocatio, which is 
mentioned by Livy. 9 The complete phrase tc ex- 
press the provocatio is vrovocare ad populum; and 
the phrase which expresses the appellatio is appeh 
lare ad, &c. It appears that a person might dppcl 
tare from one magistrate to another of equal rank; 
and, of course, from an inferior to a superior ma- 
gistrate, and from one tribune to another. 

When the supreme power became vested in the 
emperors, the terms provocatio and appellatio losl 
their original signification. In the Digest, 10 provo- 



1. (Lex. Rhet., 219, 19.)— 2. (Att. Process, 771.)— 3. (i., 427. 
— 4. (AU. Process, 771.)— 5. (Liv., i., 26.)— 6. (iii., 55.)— 7 
(Liv., iii., 56.)— 8. (Do Omt., ii., 48.)— 9. iiri., 55.)— 10. (48 
tit. 1, De Appellationibus.) 

73 



AQ.TJM DUCTUS. 



AaUiE DUCTUS. 



cat to and appellatio are used indiscriminately, to 
express what we call an appeal in civil matters ; 
but provocatio seems so far to have retained its ori- 
ginal meaning - as to be the only term used for an 
appeal in criminal matters. The emperor centred 
in himself both the power of the populus and the 
veto of the tribunes ; but the appeal to him was 
properly in the last resort. Appellatio among the 
Reman jurists, then, signifies an application for re- 
dress from the decision of an inferior to a superior, 
on the ground of wrong decision, or other sufficient 
ground. According tc Ulpian, 1 appeals were com- 
mon among the Romans, " on account of the injus- 
tice or ignorance of these who had to decide (judi- 
cantes), though sometimes an appeal alters a proper 
decision, as it is not a necessary consequence that 
he who gives the last gives also the best decision." 
This remark must be taken in connexion with the 
Roman system of procedure, by which such matters 
were referred to a judex for his decision, after the 
pleadings had brought the matter in dispute to an 
issue. From the emperor himself there was, of 
course, no appeal ; and, by a constitution of Hadri- 
an, there was no appeal from the senate to the em- 
peror. The emperor, in appointing a judex, might 
exclude all appeal, and make the decision of the 
judex final. The appeal, or libellus appellatorius, 
showed who was the appellant, against whom the 
appeal was, and what was the judgment appealed 
from. 

Appellatio also means to summon a party before 
a judex, or to call upon him to perform something 
that he has undertaken to do.* The debtor who 
was summoned (appellatus) by his creditor, and 
obeyed the summons, was said respondere. 
APPLICATIONS JUS. (Vid. Banishment.) 
APPULEIA LEX. (Vid. Majestas.) 
APRFLIS. (Vid. Calendar, Roman.) 
ALTPOSTAS'IOr rPA$H (airpoaraaiov ypacpr/), an 
action brought against those metceci, or resident 
aliens, who had neglected to provide themselves 
with a patron (npooTarric), or exercised the rights 
of full citizens, or did not pay the fieroUiov, a tax 
of twelve drachma? exacted from resident aliens. 
Persons convicted under this indictment forfeited 
the protection of the state, and were sold as slaves. 3 
*APUS (uirovg), a species of bird, called also 
KvipelXoe* It is thought to have been the same 
with the Swift, or Hirundo apus, L. Pennant, how- 
ever, contends that the Cypsellus of Aristotle and 
Pliny was the Procellaria pelagica, or Stormy Petrel. 6 
AQXTiE DUCTUS usually signifies an artificial 
channel or water-course, by which a supply of wa- 
ter is brought from a considerable distance upon 
an inclined plane raised on arches, and carried 
across valleys and uneven country, and occasion- 
ally under ground, where hills or rocks intervene. 

As nearly all the ancient aquaeducts now remain- 
ing are of Roman construction, it has been generally 
imagined that works 01 tnis description were entire- 
ly unknown to the Greeks. This, however, is an 
error, since some are mentioned by Pausanias and 
others, though too briefly to enable us to judge of 
their particular construction ; whether they consist- 
ed chiefly of subterraneous channels bored through 
hills, or, if not, by what means they were carried 
across valleys, since the use of the arch, which is 
said to have been unknown to the Greeks, was in- 
dispensable for such a purpose. Probably those 
which have been recorded — such as that built by 
Pisistratus at Athens, that at Megara, and the cele- 
brated one of Polycrates at Samos 8 — were rather 
conduits than ranges of building like the Roman 
ones. Of the latter, few were constructed in the 
times of the Republic. We are informed by Fron- 

1. (Dig. 49, tit. 1.)— 2. (Cic, ad Att., i., 8.)— 3. (Phot., p. 
478, Pors.— Bekker, Anecdot. Gr., p. 201, 434, 440.)— 4. (Aris- 
:ot., II. A., ix 21.)— 5. (British Zoology, p. 554.)— 6. (Herod., 
iii . 60.) 

ft 



tinus that h « as not until about B.C. 313 that any 
were erecte: , the inhabitants supplying themselves 
up to that time with water from the Tiber, or ma- 
king use of cisterns and springs. The first aquav 
duct was begun by Appius Claudius the Censor, 
and was named, after him, the Aqua Appia} In this 
aquaeduct the water was conveyed from the distance 
of between seven and eight miles from the city, al- 
most entirely under ground, since, out of 11,190 
passus, its entire extent, the water was above ground 
only 60 passus before it reached the Porta Capena, 
and then was only partly carried on arches. Re- 
mains of this work no longer exist. 

Forty years afterward (B.C. 273) a second aquae- 
duct was begun by M. Curius Dentatus, by which 
the water was brought from the river Anio, 20 miles 
above Tibur (now Tivoli), making an extent cf 
43,000 passus, of which only 702 were above ground 
and upon arches. This was the one afterward 
known by the name of Anio Vetus, in order to dis- 
tinguish it from another aquaeduct brought from the 
same river, and therefore called Anio Novus. Of 
the Anio Vetus considerable remains may yet be 
traced, both in the neighbourhood of Tivoli and in 
the vicinity of the present Porta Maggiore at Rome. 
It was constructed of blocks of Peperino stone, and 
the water-course was lined with a thick coating of 
cement. 

In B.C. 179, the censors M. iEmilius Lepidus and 
M. Flaccus Nobilior proposed that another aquas- 
duct should be built ; but the scheme was defeated, 
in consequence of Licinius Crassus refusing to let 
it be carried through his lands. 2 A more abundant 
supply of water being found indispensable, particu- 
larly as that furnished by the Anio Vetus was of 
such bad quality as to be almost unfit for drinking, 
the senate commissioned Gluintus Marcius Rex, the 
prastor, who had superintended the repairs of the 
two aquaeducts already built, to undertake a third, 
which was called, after him, the Aqua Marcia* 
This was brought from Sublaqueum (Subiaco) 
along an extent of 61,710 passus; viz., 54,267 un- 
der ground, and 7443 above ground, and chiefly on 
arches ; and was of such elevation that water could 
be supplied from it to the loftiest part of the Capito- 
line Mount. Of the arches of this aquaeduct a con- 
siderable number are yet standing. Of those, like- 
wise, called the Aqua Tepula (B.C. 127), and the 
Aqua Julia (B.C. 35), which are next in point of 
date, remains are still existing; and in the vicinity 
of the city, these two aquaeducts and the Marcia 
were all united in one line of structure, forming 
three separate water-courses, one above the other, 
the lowermost of which formed the channel of the 
Aqua Marcia, and the uppermost that of the Aqua 
Julia, and they discharged themselves into one res- 
ervoir in common. The Aqua Julia was erected 
by M. Agrippa during his aedileship, who, besides 
repairing both the Anio Vetus and the Aqua Mar- 
cia, supplied the city with seven hundred wells 
(locus), one hundred and fifty springs or fountains 
and one hundred and thirty reservoirs. 

Besides repairing and enlarging the Aqua Mar- 
cia, and, by turning a new stream into it, increasing 
its supply to double what it formerly had been, Au- 
gustus built the aquaeduct called Alsietina, some- 
times called Augusta after its founder. The water 
furnished by it was brought from the Lake of Al- 
sietinus, and was of such bad quality as tc be scarce- 
ly fit for drinking; on which account it has been 
supposed that Augustus intended it chiefly for fill- 
ing his naumachia, which required more water than 
could be spared from the other aquaeducts, its basin 
being 1800 feet in length and 1200 in breadth. It 
was in the reign, too, of this emperor that M. Agrip- 
pa built the aquaeduct called the Aqua Virgo, which 

1. (Liv., ix., 29.— Diod. Sic, xx., 3f )— 2. (Tiv., xl., SU-1 
(Plin., xxxvi., 24, $ 9.) 



AQlUJE ductus 



AQ.UjE DUCTUS. 



name it is said tc have obtained because the spring 
which supplied it was first pointed out by a girl to 
some soldiers who were in search of water. Pliny, 
however, gives a different origin to the name. 1 Its 
length was 14,105 passus, of which 12,865 were un- 
der ground ; and, lor some part of its extent above 
ground, it was decorated with columns and statues. 
This aquaeduct still exists entire, having been re- 
stored by Nicholas V., although not completely un- 
til thf pontificate of Pius IV., 1568, and it still bears 
the name of Aqua Vergine. A few years later, a 
second aquaeduct was built by Augustus, for the 
purpose of supplying the Aqua Marcia in times of 
drought. 

The two gigantic works of the Emperor Claudius, 
viz., the A-pia Claudia and Anio Novus, doubled the 
former supply of water ; and although none of the 
later aquaeducts rivalled the Marcia in the vastness 
and solidity of its constructions, they were of con- 
siderably greater extent. The Claudia had been 
begun by Caligula in the year A.D. 38, but was 
completed by his successor, and was, although less 
copious in its supply, not at all inferior to the Mar- 
cia in the excellence of its water. The other was, 
if not so celebrated for the quality of the water itself, 
remarkable for the quantity which it conveyed to 
the city, it being in that respect the most copious of 
them all. Besides which, it was by far the grandest 
in point of architectural effect, inasmuch as it pre- 
sented, for about the extent of six miles before it 
reached the city, a continuous range of exceedingly 
lofty structure, the arches being in some places 109 
feet high. It was much more elevated than any of 
the other aquaeducts, and in one part of its course 
was carried over the Claudia. Nero afterward 
made additions to this vast work, by continuing it 
as far as Mount Caelius, where was a temple erected 
to Claudius. 

The Aqua Trajana, which was the work of the 
emperor whose name it bears, and was completed 
A.D. Ill, was not so much an entirely new and dis- 
tinct aquaeduct as a branch of the Anio Novus 
brought from Sublaqueum, where it was supplied by 
a spring of purer water than that of the Anio. It was 
in the time of this emperor, and of his predecessor 
Nerva, that the superintendence of all the aquae- 
ducts was held by Sextus Julius Frontinus, whose 
treatise De AquceductUms has supplied us with the 
fullest information now to be obtained relative to 
their history and construction. 

In addition to the aquaeducts which have been al- 
ready mentioned, there were others of later date : 
namely, the Antoniana, A.D. 212; the Alexandrina, 
A.D. 230; and the Jovia, A.D. 300; but these seem 
to have been of comparatively little note, nor have 
we any particular account of them. 

The magnificence displayed by the Romans in 
their public works of this class was by no mc~TOS 
confined to the capital ; for aquaeducts more or less 
stupendous were constructed by them in various 
and even very remote parts of the empire — at Nico- 
media, Ephesus, Smyrna, Alexandrea, Syracuse, 
Metz, Nismes (the Pont du Gard), Lyons, Evora, 
Merida, and Segovia. That at Evora, which was 
built by duintus Sertorius, is still in good preserva- 
tion ; and at its termination in the city has a very 
elegant caslettum in two stories, the lower one of 
which has Ionic columns. Merida in Spain, the 
Augusta Emerita of the Romans, who established a 
colony there in the time of Augustus, has among its 
other antiquities the remains of two aquaeducts, of 
one of which thirty-seven piers are standing, with 
three tiers of arches ; while of the other there are 
only two which form part of the original construc- 
tions, the rest being modem. But that of Segovia, 
for which some Spanish writers have claimed an 
antiquity anterior to the sway of the Romans in 
Spain, is on e of the most perfect and magnificent 
1. (H. N , xxxi., 25.) 



woiks of the kind anywhere remaining. It is en- 
tirely of stone, and of great solidity, the piers being 
eight feet wide and eleven in depth ; and where il 
traverses a part of the city, the heipht is upward oi 
a hundred feet, and it has two tievs of arches, the 
lowermost of which are exceedingly lofty. 

After this historical notice of some of the princi- 
pal aquaeducts both at Rome and in the provinces, 
we now proceed to give some general account o» 
their construction. Before the mouth or opening 
into the aquaeduct was, where requisite, a large ba- 
sin (piscina limosa), in which the water was collect- 
ed, in order that it might first deposite its impuri- 
ties; and similar reservoirs were formed at inter- 
vals along its course. The specus, or water-channel, 
was formed either of stone or brick coated with ce- 
ment, and was arched over at top, in order to ex- 
clude the sun, on which account there were aper- 
tures or vent-holes at certain distances; or where 
two or more such channels were carried one above 
the other, the vent-holes of the lower ones wore 
formed in their sides. The water, however, besides 
flowing through the specus, passed also through 
pipes either of lead or burned earth (terra-cotta), 
which latter were used not only on account of their 
greater cheapness, but as less prejudicial to the 
freshness and salubrity of the water. As far as was 
practicable, aquaeducts were carried in a direct line j 
yet they frequently made considerable turns and 
windings in their course, either to avoid boring 
through hills, where that would have been attended 
with too much expense, or else to avoid, not only 
very deep valleys, but soft and marshy ground. 

In every aquaeduct, the castella or reservoirs wen? 
very important parts of the construction ; and be- 
sides the principal ones — that at its mouth and thaS 
at its termination — there were usually intermediate 
ones at certain distances along its course, both in 
order that the water might deposite in them any re- 
maining sediment, and that the whole might be 
more easily superintended and kept in repair, a de- 
fect between any two such points being readily de- 
tected. Besides which, these castella were service- 
able, inasmuch as they furnished water for the irri- 
gation of fields and gardens, &c The principal 
castellum or reservoir was that in which the aquae- 
duct terminated, and whence the water was con- 
veyed by different branches and pipes to various 
parts of the city. This far exceeded any of the oth- 
ers, not in magnitude alone, but in solidity of con- 
struction and grandeur of architecture. The re- 
mains of a work of this kind still exist in what are 
called the Nove Sale, on the Esquiline Hill at Rome ; 
while the Piscina Miralnk, near Cuma, is still more 
interesting and remarkable, being a stupendous con- 
struction about 200 feet in length by 130 in breadth, 
whose vaulted roof rests upon forty-eight immense 
pillars, disposed in four rows, so as to form five 
aisles within the edifice, and sixty arches. 

Besides the principal castellum belonging to each 
aquaeduct (excepting the Alsietina, whose water 
was conveyed at once to the baths), there were a 
number of smaller ones — altogether, it has been 
computed, 247 — in the different regions of the city, 
as reservoirs for their respective neighbourhoods. 

The declivity of an aquaeduct (libramenlum aqua:) 
was at least the fourth of an inch in every 100 feet, 1 
or, according to Vitruvius, 9 half a foot. 

During the times of the Republic, the censors and 
aediles had the superintendence of the aquaeducts; 
but under the emperors particular officers were ap- 
pointed for that purpose, under the title of curato7e$, 
or prafedi aquarum. These officers were first cre- 
ated by Augustus, 8 and were invested with consid- 
erable authority. They were attended outside the 
city by two lictors, three public slaves, a secretary, 
and other attendants. 

In the time of Nerva and Trajan, about seven 

1. (Plin., H. N., ixxi., 31.)—2. (viii., 7.)— 3. (Suet, Aug-., 37.J 

^5 



AaUARII. 



ARA 



ttJiLi red architects and others were constantly em- 
a Dyed, under the orders of the curatores aqnaruin, in 
attending to the aquseducts. The officers who had 
:harge of these works were, 1. The vilhci, whose 
duty it was to attend to the aquseducts in their 
course to the city. 2. The castellarii, who had the 
superintendence of all the castella both within and 
without the city. 3. The circuitores, so called be- 
cause they had to go from post to post, to examine 
into the state of the works, and also to keep watch 
over the labourers employed upon them. 4. The 
silicarii, or paviours. 5. The iectores, or plasterers. 
All these officers appear to have been included un- 
der the general term of aquarii. 1 

AQ.JJM DUCTUS. (Vid. Servitutes.) 
AGIU^S ET IGNIS INTERDIC'TIO. (Vid. 
Hanishment.) 
A.QXT;E HAUSTUS. (Vid. Servitutes.) 
AGLUiE PLUVIA ARCENDiE ACTIO. That 
water was called aqua pluvia which fell from the 
clouds, and the prevention of injury to land from 
such water was the object of this action. The ac- 
tion aquce pluvice was allowed between the owners of 
adjoining land, and might be maintained' either by 
the owner of the higher land against the owner of 
the lower land, in case the latter, by anything done 
to his land, prevented the water from flowing natu- 
rally from the higher to the lower land, or by the 
owner of the lower land against the owner of the 
higher land, in case the latter did anything to his 
land by which the water flowed from it into the low- 
er land in a different way from what it naturally 
would. In the absence of any special custom or 
law to the contrary, the lower land was subject to 
receive the water which flowed naturally from the 
upper land ; and this rule of law was thus expressed: 
aqita inferior superiori servit. The fertilizing ma- 
terials carried down to the lower land were con- 
sidered as an ample compensation for any damage 
which it might sustain from the water. Many diffi- 
cult questions occurred in the application to practice 
of the general rules of law as to aqua pluvia ; and, 
among others, this question : What things done by 
the owners of the land were to be considered as pre- 
senting or altering the natural flow of the waters 1 
The conclusion of Ulpian is, that acts done to the 
land for the purposes of cultivation were not to be 
considered as acts interfering with the natural flow 
of the waters. Water which increased from the 
falling of rain, or in consequence of rain changed 
its colour, was considered within the definition of 
aqua pluvia; for it was not necessary that the water 
in question should be only rain-water, it was suffi- 
cient if there was any rain-water in it. Thus, when 
water naturally flowed from a pond or marsh, and a 
person did something to exclude such water from 
coming on his land, if such marsh received any in- 
crease from rain-water, and so injured the land of 
a neighbour, the person would be compelled by this 
action to remove the obstacle which he had created 
to the free passage of the water. 

This action was allowed for the special protection 
of land (ager): if the water injured a town or a 
building, the case then belonged to flumina and 
stillicidia. The action was only allowed to prevent 
damage, and, therefore, a person could not have this 
remedy against his neighbour, who did anything to 
.lis own land by which he stopped the water which 
would otherwise flow to his neighbour's land, and be 
profitable to it. The title in the Digest contains 
many curious cases, and the whole is well worth 
perusal. 2 

AGIUA'RII were slaves who carried water for ba- 
thing, &c, into the female apartments. 3 The aquarii 
were also public officers who attended to the aquse- 
ducts. (Vid. Aqvje Ductus.) 



1. (Cic, ad Fam., viii., C— Cod. xii., tit. 42 or 43, s. 10.)— 2. 
(Dig-. 39, tit. 3. — Cic, pro Mursen., c. 10. — Topic, c. 9. — BoS- 
Lhius, Comment, in Cic, Top., iv., c. 9.) — 3. (Juv., vi., 332.) 



♦AQ.UILA. I. A Roman military standard. (Vid. 
Signa Militaria.) II. The Eagle. The ancient 
naturalists have described several species. Aristo- 
tle divided the Falconida into 'Aerol (Eagles), 'Upa- 
iceg (Hawks), and 'Ittrivoi ^Kites), with many subdi- 
visions. M. Vigors is of opinion, that the division 
'lepag (Hierax) of Aristotle comprises all the Fal- 
conidae of Vigors which belong to the stirpes or sub* 
families of Hawks, Falcons, and Buzzards. Pliny 
separates the group into Aquila (Eagles) and Acci* 
pitres, a general term comprising, as used by him 
the rest of the Falconidce. The subdivisions of both 
Aristotle and Pliny do not differ much from those 
of some of the modern zoologists. — We will now 
proceed to particulars. 1. The fxbp^vog, called also 
nTiayyog or vt\tto$6voq by Aristotle, 1 would appear 
to be that species of Falco which bears the Eng- 
lish names of Bald Buzzard and Osprey, namely, 
the Falco Haliceetus, L., or Pandion Halitzetus, Sa- 
vigny. 8 It would seem to be the nepicvog of Homer. 3 
2. The nepKvoTVTepos, said by Aristotle to resemble 
the Vulture, was mos* probably that species of 
Vulture which gets the name of VuUurine Eagle. Its 
French name, according to Belon, is Boudree. It 
is called also ypyrtaurog and bpenr&apyog by Aris- 
totle. 3. The dXtaierog of Aristotle would appeal 
to be the Osprey.* This bird is the " Nisus" of Vir- 
gil and Ovid. Naturalists have recently adopted 
the opinion that the Osprey is the same as the Sea- 
eagle. Its scientific name is Pandion Haliceetus, 
Savigny. 4. The [islavaieTog of Aristotle, called 
also ?iayu(j)6vog by him, is referred by Hardouin 8 to 
the small Black Eagle, which the late authorities on 
Ornithology hold to be only a variety of the Golden 
Eagle, or Aquila Chrysaetos. It is deserving of re- 
mark, however, that the learned Gesner seems dis- 
posed to refer the \itkavahrog to the Erne, or Aquila 
Albicilla of late ornithologists. 5. The (pijvij of 
Aristotle is undoubtedly the Ossifraga of Pliny, and 
the tyivig of Dioscorides. 6 It is the Falco Ossifragus, 
L. 6. The nvyapyog is supposed by Hardouin to be 
the eagle called Jean le blanc. Turner suggests that 
it may have been the Erne, and Elliot the Ring-tail. 
All point to the same bird, namely, the Hali&eius Al- 
biciUa, Savigny ; for the Ring-tail is now held to be 
merely a variety of the Erne. The term rcvyapyog 
signifies " White-tailed." 7. The species called 
yvrjoiog by Aristotle is confidently referred by Har- 
douin to the Golden Eagle, which, as Buffon re- 
marks, is the noblest and largest of the genus. It is 
the Aquila Chrysateos, Vigors. 7 

AQJJILLIA LEX. (Vid. Damnum.) 

ARA ((3uu6g, ■d-vrrjpiov), an altar. 

Ara was a general term denoting any structure 
elevated above the ground, and used to receive upon 
it offerings made to the gods. Altare, probably con- 
tracted from alta ara, was properly restricted to 
the larger, higher, and more expensive structures. 
Hence Menalcas, 9 proposing to erect four altars, 
■viz., two to Daphnis, and two, which were to be 
high altars, to Apollo, says, " En qvaltuor aras: Ecce 
duas tibi, Daphni; duas, altaria, Phcebo." Servias, 
in his commentary on the passage, observes, that 
altaria were erected only in honour of the superior 
divinities, whereas arcs were consecrated not only 
to them, but also to the inferior, to heroes, and 'to 
demigods. On the other hand, sacrifices were offer, 
ed to the infernal gods, not upon altars, but in cavi- 
ties (scrobes, scrobiculi, (36dpoi, %u,kkol) dug in the 
ground. 9 Agreeably to this distinction, wc find that 
in some cases an altare was erected upon an ara, or 
even several high altars upon one of inferior eleva- 
tion. 



1. (H. A., ix., 22.)— 2. (Willoughby's Ornithology, Kb. ii- 
art . 5.)_3. (II., xxiv., 316.) — 4. (Gesner, de A- ibus— Brooke'i 
Nat. Hist., vol. ii., p. 4.)— 5. (in Plin., H. N , x., 1.)— 6. (ii., 
58.)— 7. (Adams, Append., s • — 8. (Virg., £ log., v. 65.) -». 
(Festus, s. v. Altaria.) 



ARA. 



ARA. 



1\, ( xv\ us >ne ancients almost every religious 
net *.j*j> ixCco*/»/)anied by sacrifice, it was often 
<iec£S«jary to provide altars on the spur of the oc- 
casion, and they vere then constructed of earth, 
iods, or stones, collected on the spot. Thus, 
" Erexit subitas congtsiu cespilis aras." 1 Also, when 
iEncas and Turnus are preparing to fight in single 
combat, wishing to binl themselves by a solemn 
oath, they erect aras gramineas.- Availing himself 
cf this practice, Telamon adroitly warded off the 
effects of the jealousy of Hercules, whose rage he 
had excited by making the first breach in the walls 
t»f Ilium, and thus appearing to surpass his com- 
panion in glory. Pursued bj Hercules, who had 
already drawn his sword, and seeing his danger, he 
set about collecting the scattered stones ; and when 
Hercules, on coming up, asked what he was about, 
he answered that he was preparing an altar to 
'Hpa/c "kfiq Ka?.%ivLKog, and thus saved his life. 3 

When the occasion was not sudden, and especially 
if the altars were required to be of a considerable 
size, they were built with regular courses of masonry 
or brickwork, as is clearly shown in several exam- 
ples on the column of Trajan at Rome. See the 
left-hand figure in the woodcut annexed. 



'^***~ <mmmimmr 


^**i 


| 

i 1 


1 


-vy- 


i i (. 


i 


i i 




The first deviation from this absolute simplic y 
of form consisted in the addition of a base ((3dcnc, 
Kpr/TTi'c), and of a corresponding projection at the 
top, the latter (iaxapiCi fiujiov koxapo?) being in- 
tended to hold the fire and the objects offered in 
sacrifice. These two parts are so common as to be 
almost uniform types of the form of an altar, and 
will be found in all the figures inserted underneath. 

The altar on which the gods swore, when they 
leagued with Jupiter against the Titans, became a 
constellation consisting of four stars, two on the 
nreplace and two on the base. 5 

It appears, also, that a movable pan or brazier 
(kiTLTzvpov) was sometimes used to hold the fire. 6 

Altars were either square or round. The latter 
form, which was the less common of the two, is 
exemplified in the following figures : 



GEMIVS 
HVIVSLCCI 
MONTIS 





That on the left hand is from a painting at Her- 
culaneum. The altar is represented as dedicated 
to the genius of some spot on Mount Vesuvius. 
He appears in the form cf a serpent, 7 and is par- 
taking of the figs and fir-cones which have been 
offered to him on the altar. The right-hand figure 

1. (Lncan, ix., 988.)— 2. (Virg., ./En., xii., 118.)— 3. (Apol- 
iod., II., vi., 4. — Vid. eciam Hor., Carm. I., xix., 13.) — 4. (Eu- 
rip., Andr., 1115.) — 5. (Eratosth., Cataster., 39. — Compare 
Hvgin., Astron., ii., 39 ; Arat., 402 ; and Cicero's translation, 
De Nat Deor , ii., 44.)— 6 (Heron., Spirit., 71.)— 7. (Virg., 
Mn., v., 95«> 



represents an altar, which was found, with three 
others, at Antium. 1 It bears the inscription ari 
ventorvm. On it is sculptured the rostrum of a 
ship, and beneath this is a figure emblematic of the 
wind. He floats in free space, blows a shell, ana 
wears a chlamys, which is uplifted by the breeze. 
In the second altar the kaxapig is distinguished by 
being hollow. Indeed altars, such as that on the 
left hand, were rather designed for sacrifices of 
fruits, or other gifts which were offered withoti 
fire, and they were therefore called anvpoi. 

When the altars were prepared for sacrifice, they 
were commonly decorated with garlands or festoons. 
The leaves, flowers, and fruits of which these were 
composed were of certain kinds, which were con- 
sidered as consecrated to such uses, and were callel 
verbena. 2 

Theocritus 3 enumerates the three following, viz., 
the oak, the ivy, and the asphodel, as having been 
used on a particular occasion for this purpose.* 

The altar represented in the next woodcut shows 
the manner in which the festoon of verbenae was 
suspended. Other ancient sculptures prove that 
fillets were also used, partly because they were 
themselves ornamental, and partly for the purpose 
of attaching the festoons to the altar. Hence we 
read in Virgil, 

" Effer aquam, et molli cinge hcec altaria vtlta, 
Verbenasque adole pingues, et mascula turn."* 

Altars erected to the manes were decked with dark 
blue fillets and branches of cypress. 6 Many altars 
which are still preserved have fillets, festoons, and 
garlands sculptured upon the marble, being designed 
to imitate the recent and real decorations. 

Besides the imitation of these ornaments, the art 
of the sculptor was also exercised in representing 
on the sides of altars the implements of sacrifice, 
the animals which were ofiered, or which were re- 
garded as sacred to the respective deities, and the 
various attributes and emblems of those deities. 
We see, for example, on altars dedicated to Jupiter, 
the eagle and the thunderbolt ; to Apollo, th.2 stag, 
the raven, the laurel, the lyre or cithara; to Bac% 
chus, the panther, the thyrsus, the ivy, Silenus, 
bacchanals ; to Venus, the dove, the myrtle ; to 
Hercules, the poplar, the club, the labours of Her- 
cules ; to Sylvanus, the hog, the lamb, the cypress. 
Strabo says 7 that the principal altar of the Temple 
of Diana at Ephesus was almost covered with the 
works of Praxiteles. Some of the altars which 
still remain are wrought with admirable taste and 
elegance. We give, as a specimen of the elaborate 
style, the outline of an Etruscan altar, in contrast 
with the unadorned altar in our first woodcut. 

Besides symbolical and decorative sculptures in 
bas-relief, ancient altars frequently present inscrip- 
tions, mentioning the gods to whom, and the wor- 
shippers by whom, they were erected and dedicated. 
For example, an altar in Monlfaucon, 8 decorated 
with an eagle which grasps the thunderbolt, anc 
with a club, encircled with a fillet, at each of the 
four corners, bears the following inscription, in- 
cluded within a wreath of leaves : 

iovi 

OPT. MAZ. 
ET HERCVLI 

IXVICTO 
C TVTICAXVrf 

CALLIAT. 

EX VOTO 

We select this example, becaus- J illustrates the 
fact that the same altar was often erected in honoui 

1. (Montfaucon, Ant. Expl., ii., pi. 51.)— 2. {Hor., Curm. iv., 
11.)— 3. (xxvi., 3,4.)— 4. {Vid. etiara Tevent., Andr., iv.. 4, 5.^ 
Donatus in loc.— " Coronatae arte," Propert., iii., 10.— " Nextl 
ornatae torauibus arse," Virg., Georer., iv., 27C.)— 5. (Eclog 
viii., 64, 65.)— 6. (.En., iii., 64 )— 7. (xiv., f. 23.>-S (Ant 
Expl., ii., pi. 96 ) ^ 

77 



ARA. 



ARACHNE. 



ol mere than one divinity. I( t? a.', however, neces- 
sary that such divinities shoUid h.ive something in 
common, so that they might be properly associated; 
and deities having this relation to one another were 
called Dii communes, dtoi cv/xdufioi, dfiodu/xcoi, 1 or 
Koivo6tD/j.ioi.- At Olympia there were six altars, 
each pacred to two divinities, so as to make twelve 
gods in all. 3 

On the other hand, we find that it was not un- 
usual to jrect two or more altars to the same 
divinity, sa the same spot and on the same occa- 
sion. We have already produced an example of 
this from Virgil's fifth eclogue ; and the very same 
expression is in part repeated by him in the iEneid : 
" En quattuor aras — Neptuno. V4: In Theocritus, 5 
three bacchantes, having collected verbenee, as we 
have before stated, erect twelve altars, viz., three to 
Semele and nine to Dionysus. But the most re- 
markable instances of this kind occurred when 
hecatombs were sacrificed ; for it was then neces- 
sary that the number of altars should correspond 
to the multitude of the victims. A ceremony of 
this description, recorded by Julius Capitolinus, 
seems to have been designed in imitation of the 
oractice of the heroic ages. He says that, when 
ihe head of the tyrant Maximin was brought to 
Rome, Balbinus, to express the general joy, built 
in one place 100 altars of turf (aras cespititias), on 
which were slain 100 hogs and 100 sheep. But a 
more distinct exhibition of the scene is given in 
the Iliad, 6 when the Greeks assembled at Aulis 
present a hecatomb. A beautiful plane-tree is seen 
beside a clear fountain; the chieftains and the 
priests are assembled under its wide - spreading 
branches ; the spot is encircled with altars (afityl 
nepl Kprjvvv), and the victims are slain along the 
cltars (tcara fiufiovc). 7 

Vitruvius 8 directs that altars, though differing in 
elevation according to the rank of the divinities to 
v/hom they were erected, should always be lower 
than the statues (simulacra) before which they were 
placed. Of the application of this rule we have 
en example in a medallion on the arch of Constan- 
tine at Rome. See the annexed woodcut. 




We see here Apollo with some of his attributes, 
riz., the stag, the tripod, the cithara, and plectrum. 



The altar is about half as high as the pedestal of 
the statue, placed immediately in front of it, and 
adorned with a wreath of verbena?. The statue 
stands in an a/lcroc, or grove of laurel. One of the 
saciificers, probably the Emperor Trajan, appears 
to be taking an oath, which he expresses by lifting 
up his right hand and touching the altar with his 
spear. This sculpture also shows the appearance 
of the tripods, which were frequently used instead 
of altars, and which are explained under the arti- 
cle Tripos. 

We have already had occasion to advert, in sev- 
eral instances, to the practice of building altars in 
the open air wherever the occasion might require, 
as on the side of a mountain, on the shore of the 
sea, or in a sacred grove. But those altars which 
were intended to be permanent, and which were, 
consequently, constructed with a greater expense 
of labour and of skill, belonged to temples ; and 
they were erected either before the temple, as shown 
in the woodcut in the article Ant.e, and beautifully 
exemplified in the remains of temples at Pompeii, 1 
or within the cella of the temple, and principally 
before the statue of the divinity to whom it was 
dedicated. The altars in the area before the temple 
(/?w//oi Trpovdoi" 2 ) were altars of burnt- offerings, at 
which animal sacrifices (victimce, cfdyia, Ispela) 
were presented : only incense was burned, or cakes 
and bloodless sacrifices (■&vfiidfj.ara, -&va) offered on 
the altars within the building. 

Altars were also placed before the doors of private 
houses. In the Andria of Terence, 3 a woman is 
asked to take the verbenae from an altar so situated, 
in order to lay a child upon them before the door of 
the house. A large altar to Zeus the Protector 
stood in the open court before the door of Priam's 
palace in Ilium.* Hither, according to the poets, 
Priam, Hecuba, and their daughters fled when the 
citadel was taken; and hence they were dragged 
with impious violence by Neoptolemus, the son of 
Achilles, and some of them put to death. All altars 
were places of refuge. The supplicants were con- 
sidered as placing themselves under the protection 
of the deities to whom the altars were consecrated ; 
and violence to the unfortunate, even to slaves and 
criminals, in such circumstances, was regarded as 
violence towards the deities themselves. 

As in the instance already produced, in which the 
gods conspired against the Titans, men likewise 
were accustomed to make solemn treaties and cov- 
enants, by taking oaths at altars. Thus Virgil rep- 
resents the kings entering into a league before the 
altar of Jupiter, by immolating a sow, while they 
hold the pateras for libation in their hands. 5 The 
story of Hannibal's oath at the altar, when a boy, 
is well known. 

Another practice, often alluded to, was that of 
touching altars in the act of prayer. 6 Marriages 
also were solemnized at the altars ; and, indeed, for 
the obvious reason, that religious acts were almost 
universally accompanied by sacrifice as an essen- 
tial part of them, all engagements which could be 
made more binding by sacred considerations were 
often formed between the parties before an altar. 

♦ARAB'ICA, called also Arabicus lapis, and Arab" 
ica gemma. It is spoken of by Dioscorides and 
Galen, and was probably a fine white marble. 7 

♦ARACH'NE (dpdxvn or -vc ), the Spider, or genus 
Aranea, L. Several species are mentioned by Aristo- 
tle, 8 but so briefly that they cannot be satisfactorily 
ascertained. Dioscorides describes two species by 
the names of o^/coc and Ivkoc. 9 The former of these, 
according to Sprengel, is the Aranea retiaria, and the 



I. (Thucyd.,iii., 59.)— 2. (JEschyl., Suppl., 225.)— 3. (Scho- 
liast in Pind., Olymp., v., 10.)— 4. (iEn., v , 639.)— 5. (1. c.) 
^5. (ii., 305-307.'. — 7 (Compare Num., xxiii., 1, " seven al- 
firs/') -a v/«' 9.) 
7« 



1. (GelPs Pompeiana, 1819, Plates 43, 62, 68.)— 2. (^Eschyl., 
Suppl., 497.)— 3. (1. c.)— 4. (Virg., Mn., ii., 500-525.— Heyne, 
Excurs., ~1 loc.) — 5. (JEn., viii., 640. — Compare the last wood- 
cut, aud JEn., xii., 201.)— P. (Z^., Carm. III., xxiii., 17.)— 7. 
(Dioscor., v., 149.— Plin., H l» xxxvi.. 41.)— 8. (H. A., i«^ 
260—9. (ii., 68.) 



ARATRUM. 



ARATRUM. 



tatter the Aranea domestica. Sprengel is farther of 
opinion that no ancient author has noticed the Aranea 
Tarantula. But vid. Phalangion. 1 

♦ARACHID'NA (apdxtdva), a species of Pea, the 
same, according to Stackhouse and Sprengel, with 
the Lathyrus ampkicarpus. Stackhouse proposes to 
read upunidva in the text of Theophrastus. 3 

♦AR'ACUS (dpanoc), a plant, which Sprengel, in 
the first edition of his R. H. H., marks as the Latky- 
rus iuberosus; but in his second, he inclines to the 
Pisum arvense. S tackhouse hesitates about ackno wl- 
edgiiig it as the Vicia cracca, or Tufted Vetch. 3 
♦ARA'NEA. {Vid. Arachne.) 
ARA'TEIA (upuTeia), two sacrifies offered every 
year at Sicyon in honour of Arams, the great general 
of the Achaeans, who, after his death, was honoured 
by his countrymen as a hero, in consequence of the 
command of an oracle* The full account of the two 
festive days is preserved in Plutarch's Life of Ara- 
ms. 5 The Sicyonians, says he, offer to Aratus two 
sacrifices every year, the one on the day on which 
he delivered his native town from tyranny, which is 
the fifth of the month of Daisius, the same which 
the Athenians call Anthesterion ; and this sacrifice 
they call aor^pta. The other they celebrate in the 
month in which they believe that he was born. On 
the first, the priest of Zeus offered the sacrifices ; 
on the second, the priest of Aratus, wearing a white 
riband with purple spots in the centre, songs being 
sung to the guitar by the actors of the stage. The 
public teacher (yvpvaolapxoc) led his boys and 
youths in procession, probably to the heroum of 
Arams, followed by the senators adorned with gar- 
lands, after whom came those citizens who wished 
tc join the procession. The Sicyonians still ob- 
serve, he adds, some parts of the solemnity, but the 
principal honours have been abolished by time and 
other circumstances. 6 

ARA'TRUM (uporpov), a plough. 
The Greeks appear to have had, from the earliest 
times, diversities in the fashion of their ploughs. 
Hesiod 7 advises the farmer to have always two 
ploughs, so that if one broke, the other might be 
ready for use ; and they were to be of two kinds, 
the one called avroyvov, because in it the plough- 
tail (yvng, buris, bura) was of the same piece of 
timber with the share-beam (llvfia, dens, dentale) 
and the pole (frvfioc, larodoevc, temo) ; and the other 
called tttjktov, i. e., compacted, because in it the 
three above-mentioned parts, which were, moreover, 
to be of three different kinds of timber, were ad- 
justed to cne another, and fastened together by 
means of nails (-yofupoicriv 6 ). 

The method of forming a plough of the former 
kind was by taking a young tree with two branches 
proceeding from its trunk in opposite directions, so 
that while in ploughing the trunk was made to serve 
for the pole, one of the two branches stood upward 
and became the tail, and the other penetrated the 
ground, and, being covered sometimes with bronze 
or iron, fulfilled the purpose of a share. This form 
is exhibited in the uppermost figure of the annexed 
woodcut, taken from a medal. The next figure 
shows the plough still used in Mysia, as described 
and delineated by a late traveller in that country, 
Mr. C. Fellows. It is a little more complicated 
than the first plough, inasmuch as it consists of two 
pieces of timber instead of one, a handle (hx^rln, 
stiva) being inserted into the larger piece at one side 
of it. Mr. Fellows 9 observes that each portion of 
this instrument is still called by its ancient Greek 
name, and adds, that it seems suited only to the 
ligh; soil prevailing where he observed it; that it is 




1 (Adams, Append., s. v.) — 2. (Theophrast., H. P., i., 6. — 
Adams, Append., s. v.) — 3. (Theophrast., H. P., i. 6.) — 4. (Paus., 
ii., 9, $ 4.)— 5. (c. 53.)— 6. (Wachsmuth, Hellen. Alterthum., 
ii., 2, p. 105.)— 7. (Op. et Dies, 432.)— 8. (Compare Schol. in 
Apoll. Rhod.. iii., 232.— Horn., II., x., 353 : xiii., 703 ; and Schoi. 
in loc.)— 9. (Excursion in Asia Minor, 1838, p. 71.) 



held by one hand only; that the form of the shaic 
(iivvte) varies ; and that the plough is frequently 
used without any share. " It is drawn by two oxen, 
yoked from the pole, and guided by a long reed or 
thin stick (aarpivoc), which has a spud or scraper 
at the end for cleaning the share." See the loweit 
figure in the woodcut. 

Another recent traveller in Greece gives the fol- 
lowing account of the plough which he saw in that 
country, a description approaching still nearer to 
the tztjktov uporpov of Homer and Hesiod. " It is 
composed," says he, "of two curved pieces of wood, 
one longer than the other. The long piece forms 
the pole, and one end of it being joined to the other 
piece about a foot from the bottom, divides it into a 
share, which is cased with iron, and a handle. The 
share is, besides, attached to the pole by a short 
crossbar of wood. Two oxen, with no other har- 
ness than yokes, are joined to the pole, and driven 
by the ploughman, who holds the handle in his left 
hand, and the goad in his right." 1 A beautiful view 
of the plain of Elis, representing this plough in use, 
is given by Mr. S. Stanhope in his Olympiad 

The yoke and pole used anciently in ploughing 
did not differ from those employed for draught in 
general. Consequently, they do not here require 
any farther description. (Vid. Jugum.) 

To the bottom of the pole, in the compacted 
plough, was attached the plougktail, which, accord- 
ing to Hesiod, might be made of any piece of a tree 
(especially the nplvog, i. e., the ilex, or holm-oak), 
the natural curvature of which fitted it to this use. 
But in the time and country of Virgil, pains were 
taken to force a tree into that form which was mos* 
exactly adapted to the purpose. 

" Coniinuo in silvis magna vijiexa domatur 
In burirn, et curviformam accipit ulrnus aratri." 3 

The upper end of the buris being held by the 
ploughman, the lower part, below its junction with 
the pole, was used to hold the skare-beam, which was 
either sheathed with metal, or driven bare into the 
ground, according to circumstances. 

To these three continuous and most essential 
parts, the two following are added in the description 
of the plough by Virgil : 

1. The eartk-boards or mould-boards, rising on each 
side, bending outwardly in such a manner as to 
throw on either hand the soil which had been pre- 
viously loosened and raised by the share, and ad- 
justed to the share-beam, which was made double 
for the purpose of receiving them : " Bina? aures, 
duplici aptantur dentalia dorso." According to 
Palladium,* it was desirable to have ploughs both 
with earth-boards (aurita) and without them (sim- 
plicia). 

2. The kandle, which is seen in Mr. Fellcws's 
woodcut, and likewise in the following representa- 
tion of an ancient Italian plough. Virgil considers 

1. (Hobhouse, Journey through Albania, &c„ vol. i., p 143.) 
- -2 (p. 42.)— S. :Geonr., L, 16P. 170.)— 4. (i., 43.) 



AUATRUM. 



ARBUTUM. 



this part as used to turn the plough at the end of 
the furrow : " Stivaque, qua currus a tergo torqueat 
imos." Servius, however, in his note on this line, 
explains stiva to mean " the handle by which the 
plough is directed." It is probable that, as the 
dentalia, i. e., the two share-beams, which Virgil 
supposes, were in the form of the Greek letter A, 
which he describes by duplici do?so, the buris was 
fastened to the left share-beam, and the stiva to the 
right ; so that, instead of the simple plough of the 
Greeks, that described by the Mantuan poet, and 
used, no doubt, in his country (see the following 
woodcut), was more like the modern Lancashire 
plough, which is commonly held behind with both 
hands. Sometimes, however, the stiva (e^erA?? 1 ) 
was used alone and instead of the tail, as in the 
Mysian plough above represented. To a plough 
so constructed, the langi} jge of Columella was es- 
pecially applicable: " Ara\or stiva pane rectus inniti- 
tur ;" a and the expressions of Ovid, " Stivaque in- 
nixus arator" 3 and u I ride premens stivam designat 
mamia sulco."* In place of "stiva" Ovid also uses 
the less appropriate term " capulus:" b "Ipse manu 
capulum prensi moderalus aratriP When the plough 
was held either by the stiva alone, or by the buris 
alone, a piece of wood (manicula 6 ) was fixed across 
the summit, and on this the labourer pressed with 
both hands. Besides guiding the plough in a 
straight line, his duty was to force the share to a 
sufficient depth into the soil. Virgil alludes to this 
in the phrase " Deprcsso aratro." 1 

The crossbar, which is seen in Mr. Fellows's 
drawing, and mentioned in Sir J. C. Hobhouse's 
description, and which passes from the pole to the 
.share for the purpose of giving additional strength, 
was called uTrddrj, in Latin fulcrum. 

The coulter (culter*) was used by the Romans as 
it is with us. It. was inserted into the pole so as to 
depend vertically before the share, cutting through 
the roots which came in its way, and thus preparing 
for the more complete loosening and overturning of 
the soil by the share. 

About the time of Pliny, two small wheels (rota, 
yotula) were added to the plough in Rhaetia; and 
Servius 9 mentions the use of them in the country 
of Virgil. The annexed woodcut shows the form 
Df a wheel-plough, as represented on a piece of en- 
graved jasper, of Roman workmanship. It also 
shows distinctly the coulter, the share-beam, the 
plough-tail, and the handle or stiva. 10 The plough 
corresponds in all essential particulars with that 
now used about Mantua and Venice,. of which Mar- 
tyn has given an engraving in his edition of Virgil's 
Gzorgics. 




The. Greeks and Romans usually ploughed their 
land three times for each crop. The first plough- 
ing was called proscindere, or novare (veovodai, ved- 
Zecdai) ; the second, offringere, or iterate ; and the 
third, lirare, or tertiare. 11 The field which under- 

1. (Hes., Op. et Dies, 467.)— 2. (i., 9.)— 3. (Met., viii., 218.) 
-A. (Fast., iv., 825.)— 5. (Epist.de Ponto, i., 8, 61.)— 6. (Var- 
ro, De Ling. Lat., iv.)— 7. (Georg., i., 45.)— 8. (Plin., H. N., 
xviii., 48.)— 9. (1. c.)— 10. (Caylus, Rec. d'Ant., v., pi. 83, No. 
6.)— 11. (Arat., Bios., 321.— Ovid, Met., vii., 119— Varro, De 
Re Rust., i., 29. — (Jolum., De Re Rust., ii., 4.) 
80 



went the " proscissio" was called ven.mclum or no- 
vale (veoe), and in this process the coulter was em- 
ployed, because the fresh surface was entangled 
with numberless roots, which required u De divided 
before the soil could be turned up by the share. 1 
The term " offringere," from 6b and frangere, was 
applied to the second ploughing, because the long 
parallel clods already turned up were broken and 
cut across, by drawing the plough through them al 
right angles to its former direction. 2 The field 
which underwent this process was called ager itera- 
tus — diiro/ioc:. 3 After the second ploughing, the sow- 
er cast his seed. Also the clods were often, though 
not always, broken still farther by a wooden mallet, 
or by harrowing (pecatid). The Roman ploughman 
then, for the first time, attached the earth-boards to 
his share (tabula adneza*). The effect of this ad- 
justment was to divide the level surface of the 
"ager iteratus" into ridges. These were called 
porca, and also lira, whence came the verb lirare, 
to make ridges, and also delirare, to decline from the 
straight line. 5 The earth-boards, by throwing the 
earth to each side in the manner already explained, 
both covered the newly-scattered seed, and formed 
between the ridges furrows (avlanec, sulci) for car- 
rying off the water. In this state the field was call- 
ed seges and Tpiizolog. The use of this last term 
by Homer and Hesiod proves that "the triple plough ■ 
ing was practised as early as their age. 

When the ancients ploughed three times only, i' 
was done in the spring, summer, and autumn of the 
same year. But, in order to obtain a still heaviei 
crop, both the Greeks and the Romans ploughed 
four times, the proscissio being performed in the 
latter part of the preceding year, so that between 
one crop and another two whole years intervened. 1 
A field so managed was called TETpdnolog. 1 

When the ploughman had finished his day's .a- 
bour, he turned the instrument upside down, and me 
oxen went home dragging its tail and handle over 
the surface of the ground — a scene exhibited to us in 
the following lines : 

" Videre fessos vomer em, inversum boves 
Collo trahentes languido /" 8 

The. Greeks and Romans commonly employed 
oxen in ploughing; but they also used asses foi 
light soils. 9 The act of yoking together an ox and 
an ass, which was expressly forbidden by the law 
of Moses, 10 is made the ground of a ludicrous com- 
parison by Plautus. 11 Ulysses, when he feigned 
madness in order to avoid going on the Trojan ex- 
pedition, ploughed with an ox and a horse togeth- 



er 



12 



A line has been already quoted from Ovid's Fasti, 
which mentions the use of the plough by Romulus 
for marking the site of Rome. On this occasion a 
white bull and a white cow were yoked together: 
" Alba jugum niveo cum bove vacca tulit." 13 Besides 
this ceremony at the foundation of cities or colo- 
nies, the plough was drawn over the walls when 
they were conquered by the Romans. 14 

AR'BITER. (Vid. Judex.) 

ARBITRA'RIA ACTIO. (Vid. Actio, p. 17.) 

*ARBTJTUM (fu/Lta'iKvlov or nufiapov), the fruit 
of the Wild Strawberry-tree, or Arbutus. It has 
very much the appearance of our strawberry, e r- 
cept that it is larger, and has not the seeds on the 
outside of the pulp, like that fruit. The arbute-tree 
grows plentifully in Itaiy, and the poets have sup- 
posed that the early race of men lived on acorns 
and the fruit of this tree before the discovery and 

1. (Plin., H. N., xviii., 49.)— 2. (Plin., 1. c— Virg., Georg., i 
97, 98.— Festus, s. v. Offringi.)— 3. (Cic, De Orat., ii., 30.)— 4 
(Plin., 1. c.)— 5. (Col., 1. c.)— 6. (Theophrast., De Caus. PI, 
iii., 5.— Virg-., Georg., i., 47-19.)— 7. (Theocr., xxv., 26.)— 8. 
(Hor., Epod., ii., 63.)— 9. (Varro, De Re Rust., ii., 6.— Plin., H. 
N., viii., 68.— Col., vii., 1.)— 10. (Deut., xxii., 10.)— 11. (Aul., 
ii., 2, 51-58.)— 12. (Hygin., Fab., 95.) — 13. (Compare Virg., 
^En., v., 755.— Cic, Phil., ii., 40.)— 14. (Hor., Od., i., 16, 20.*- 
Propert., iii., 7, 41.) 



ARCERA. 



ARCHIATER. 



cultivation ox" corn. The berries of the arbute, 
however, are hardly eatable: when taken in too 
great quantities, they are said to be narcotic ; and 
Pliny informs us that the term unedo was familiarly 
applied to the fruit of this tree, because it was un- 
gate to eat more than one {wrws, "one," and edo, 
"to eat" 1 ). The same writer 2 describes the fruit 
as indigestible and unwholesome, and yet, in the 
inland of Corsica, an agTeeable wine is said to be 
prepared from it. The term unedo was also given 
*o the tree itself, and this is retained in the Lin- 
lasan nomenclature, Arbutus unedo. The peculiar 
properties ascribed to the fruit of the arbute-tree 
ixist in several other plants of the same order. 
Their general qualities are said to be astringent 
'ind diuretic. The Ledum, paluslre renders beer 
4eavy when used in the manufacture of that bev- 
fiage; Rhododendron ponticum and maximum, Kab- 
viia latifolia, and some others, are well known to 
it. venomous. The honey which poisoned some 
tf the soldiers in the retreat of the ten thousand 
trough Pontus, was gathered by bees from the 
flowers of the Azalea pontica. The shoots of An- 
dromeda ovalifolia poison goats in Nipal. 3 (Vid. 
Akbutts.") 

♦ARB'UTTJS (KOfxapoe), the Arbute or Wild 
Strawberry-tree, Arbutus unedo, L. Its fruit is call- 
ed in Latin arbutwm, in Greek nbfiapov and fiifiaiKv- 
"kov, and in English the wild strawberry, from the 
resemblance it bears to that well-known berry. 
( Vid. Arbutum.) Virgil, in speaking of the Arbute- 
tree, uses the epithet horrida* about the meaning of 
which commentators are not agreed. 5 The best 
opinion, however, is that which refers the term in 
question to the mggedness of the bark, which is the 
sense in which Servius also seems to take it. 6 Fee, 
however, is for making the epithet apply to the rough, 
astringent taste of the arbute. In fact, the leaves, 
lark, and fruit afford a very strong astringent, and 
are used for this purpose in medicine. — There does 
not seem to be any notice of the Fragaria vesca, or 
Wood Strawberry, in the Greek classics. It is de- 
scribed by Pliny, and had been previously men- 
tioned by Ovid. 7 

A RCA (klBotoc), a chest or coffer, is used in 
several significations, of which the principal are, 

I. A chest, in which the Romans were accus- 
tomed to place their money; and the phrase ex area 
solvere had the meaning of paying in ready money. 
When Cicero presses Atticus to send him some 
statues from Greece, he says, " Ne dubitaris mittere 
et area, nostra conjidito." 6 These chests were either 
made of or bound with iron or other metals. 9 The 
term arcae was usually applied to the chests in 
which the rich kept their money, and was opposed 
to the smaller loculi, 10 sacculus, 11 and crumena. 

II. The Arca was frequently used in later times 
as equivalent to the jiscus, that is, the imperial 
treasury. 12 

III. The Arca also signified the coffin in which 
persons were buried, 13 or the bier on which the 
corpse was placed previously to burial. 1 * 



IV. The Arca was also a strong cell made of 
oak, in which criminals and slaves were confined. 15 
♦ARKEUTHOS. (Vid. Juniperus.) 
AR'CERA was a covered carriage or litter, 
spread with cloths, which was used in ancient times 
in Rome to carry the aged and infirm. It is said to 
have obtained the name of arcera on account of its 
resemblance to an area. 16 

1. (Plin., H. N., xix., 24.)— 2. (xiiii., 8.)— 3. (Lindley's Bot- 
any, p. 180.)— 4. (Georg., ii., 69.)— 5. (Fee, Flore de Virgile, p. 
n., seq.)— 6. (in Virg., 1. c. — Martyn in Virg., Georg., ii., 69.) 
—7. (Adams, Append., s. v. Kdjiapos-) — 8. (Cic. ad At., i., 9. — 
Compare Colum., iii., 3. " Ea res arcam patrisfamilias exhau- 
nt.")— 9. (Juv., xi., 26; xiv., 259.)— 10. (Juv., i., 89.)— 11. 
(Juv.. xi., 26.)— 12. (Symm., x., 33.— Compare Dig. 50, tit. 4, s. 
1.)— 13. (Aur. Vjct.. de Vir. 111., c. 42.— Lucan, viii., 736.)— 14. 
(Dig. 2, tit. 7,s. 7.)— 15. (Cic, pro Milon., c. 22.— Festus;, s. v. 
Robura )- -16. (Varro, de Ling. Lat., iv., 31. — Gell., xx., 1.) 
L 



ARCHAIRES'IAI (upxaipeciai) were the assem. 
blies of the people which were held for the election 
of those magistrates at Athens who were not chosen 
by lot. The principal public officers were chosen 
by lot (kItjputoi), and the lots were drawn annually 
in the temple of Theseus by the thesmothetae. Of 
those magistrates chosen by the general assembly 
of the people (x^tpoTovrjToi), the most important 
were the strategi, taxiarchi, hipparchi, and phylar- 
chi. The public treasurers (-a/iiac), and all the 
officers connected with the collection c f the tribute, 
all ambassadors, commissioners of works, &c, 
were appointed in the same manner. 

The people always met in the Pnyx for the elec- 
tion of these magistrates, even in later times, when 
it became usual to meet for other purposes in the 
Temple of Dionysus. 1 It is not certain at what 
time of the year they m .> for this purpose, nor who 
presided over the assembly, but most probably the 
archons. The candidates for these offices, especi- 
ally for that of strategus, had recourse to bribery and 
corruption to a great extent, although the laws 
awarded capital punishment to that offence, which 
was called by the Athenians deKacrfj.be. The can- 
vassing of the electors and the solicitation of 
their votes was called apxaipeciu&iv. The magis- 
trates who presided over the assembly mentioned 
the names of the candidates (irpoScrtlecsdai 2 ), and 
the people declared their acceptance or rejection of 
each by a show of hands. They never appear to 
have voted by ballot on these occasions. 

Those who were elected could decline the office, 
alleging upon oath some sufficient reason why they 
were unable to discharge its duties, such as labour- 
ing under a disease, &c. : the expression for this 
was e^ouvvadai ttjv dpxijv, or rrjv xeiporoviav* If, 
however, an individual accepted the office to which 
he was chosen, he could not enter upon the dis- 
charge of his duties till he had passed his exami- 
nation (dc-Kifiaoia) before the thesmothetee. If he 
failed in passing his examination (aTrodoKifiaadijvai), 
he incurred a modified species of uriuia* All pub- 
lic officers, however, were subject to the enixeipo- 
rovta, or confirmation of their appointment by each 
successive prytany at the commencement of its 
period of office, when any magistrate might be 
deprived of his office (anoxeipoTovElcdat). In the 
Attic oraicrs, we not unfrequently read of individu- 
als being thus deprived of their offices. 5 (Vid. 
Archon, p. 83.) 

♦ARKEION. I Vid. Arktion.) 
ARCHEION (ipxetuv) properly means any pub- 
lic place belonging to the magistrates, but is more 
particularly applied to the archive office, where the 
decrees of the people and other state documents 
were - ^served. This office is sometimes called 
mere! .. dq/bLoawv. 6 At Athens the archives were 
kept in me temple of the mother of the gods (firj- 
rpepov), and the charge of it was intrusted to the 
president (eiucTaTTjc) of the senate of the Five 
Hundred. 7 

ARCHIA'TER (dpxiarpoc, compounded of dpxbc 
or apx^v, a chief, and larpbq, a physician), a medi- 
cal title under the Roman emperors, the exact 
signification of which has been the subject of much 
discussion ; for while some persons interpret it 
"the chief" of the physicians" (quasi apx^v rCiv 
larpuv), others explain it to mean " the physician 
to the prince" (quasi tov upxovroc iarpoc). Upon 
the whole, it seems much more probable that the 
former is the true meaning of the word, and fof 
these reasons: 1. From i ts etymology it cannot 

1. (Pollux, viii., 134.)— 2. (Demosth., De Coron., p. 277.)— 3. 
(Demosth., Trtpt Ylapairp., p. 379.)— 4. (Demosth. in Aristog., i 
p. 779.)_5. (Vid. Demosth., c. Timoth., p. 1187 ; c. Theocrin. 
p. 1330.— Dir arch, in Philocl., c. 4.— Compare Schomann, d« 
Comitiis Ath. ( p. 320 330.)— 6. (Demosth., De Cor., p 275.)— 7 
(Demosth., ttw Uapairp.,?. 381 ; in Aristog.. i., p. 799- Pam 



ARCHIATExt. 



ARCHON. 



possibly have any other sense, and of all the words 
similarly formed (apxt-renTuv, apxiTpinlivoc, dpxt- 
eTzioKoiros, &c.) there is not one that has any refer- 
ence to " the prince." 2. We find the title applied 
to physicians who lived at Edessa, Alexandrea, &c, 
where no king was at that time reigning. 3. Ga- 
len 1 speaks of Andromachus being appointed "to 
rule over" the physicians (dpxeiv), i. e., in fact, to be 
" archiater." 4. Augustine 2 applies the word to 
iEsculapius, and St. Jerome (metaphorically, of 
course) to our Saviour, 3 in both which cases it evi- 
dently means " the chief physician." 5. It is ap- 
parently synonymous with protomedicus, supra medi- 
cos, doiniruus medicorum, and superpositus medicorum, 
all which expressions occur in inscriptions, &c 6. 
We find the names of several persons who were 
physicians to the emperor mentioned without the 
addition of the title archiater. 7. The archiatri 
were divided into A. saneti palatii, who attended 
on the emperor, and A. populares, who attended ori 
the people ; so that it is certain that all those who 
bore this title were not " physicians to the prince." 
The chief argument in favour of the contrary opin- 
ion seems to arise from the fact, that of all those 
who are known to have held the office of A., the 
greater part certainly were physicians to the em- 
peror as well ; but this is only what might, a priori, 
be expected, viz., that those who had attained the 
highest rank in their profession would be chosen to 
attend upon the prince (just as in England the 
President of the College of Physicians is ex-ofhcio 
physician to the sovereign). 

The first person whom we find bearing this title 
is Andromachus, physician to Nero, and inventor 
of the Theriaca.* ( Vid. Theriaca.) But it is not 
known whether he had at the same time any sort 
of authority over the rest of the profession. In 
fact, the history of the title is as obscure as its 
meaning, and it is chiefly by means of the laws 
respecting the medical profession that we learn the 
rank and .duties attached to it. In after times (as 
was stated above) the order appears to have been 
divided, and we find two distinct classes of archia- 
tri, viz., those of the palace and those of the people. 8 
The A. saneti palatii were persons of high rank, 
who not only exercised their profession, but were 
judges on occasion of any disputes that might oc- 
cur among the physicians of the place. They had 
certain privileges granted to them, e. g., they were 
exempted from all taxes, and their wives and chil- 
dren also ; were not obliged to lodge soldiers or 
others in the provinces ; could not be put in prison, 
&c. ; for, though these privileges seem at first to 
have been common to all physicians, 6 yet after- 
ward they were confined to the A. of the palace 
and to those of Rome. When they obtained their 
dismissal from attendance on the emperor, either 
from old age or any other cause, they retained the 
title ex-archiatri or ex-archiatris. 7 The A. popularer 
were established for the relief of the poor, and each 
city was to be provided with five, seven, or ten, ac- 
cording to its size. 8 Rome had fourteen, besides 
one for the vestal virgins, and one for the gymnasia. 9 
They were paid by the government, and were 
therefore obliged to attend their poor patients gra- 
tis, but were allowed to receive fees from the rich. 10 
The A. populares were not appointed by the gov- 
ernors of the provinces, but were elected by the 
people themselves. 11 The office appears to have 
been more lucrative than that of A. s. pal., though 
less honourable. In later times, we find in Cassio- 
dorus 11 the title " comes archiatrorwm" " count of the 

1. (De Ther. ad Pis., c. 1.)— 2. (De Civit. Dei,iii., 17.)— 3. 
(xiii., Horn, in S. Luc.)— 4. (Galen, 1. c. — Erotian., Lex Voc. 
Hippocr., in Praef.) — 5. (Cod. Theodos., xiii., tit. 3, De Medicis 
et Professoribus.) — 6. (Cod. Just., x., tit. 52, s. 6, Medicos et 
maxime Archiatros.) — 7. (Constantin., Cod. x., tit. 52, leg-. 6.) — 
. 8. (Dig-. 27, tit. 1, s. 6.)— 9. (Cod. Theodos., 1. c.)— 10. (Cod. 
Theodos., 1. c.)— 11. (Dig. 50, tit. 9, s. 1.)— 12. (Vid. Meibom., 
Comment, in Can*. Formul. Arclnatr., Helmst., 1668.) 

82 



archiatri," together with an account of his dunes' 
by which it appears that he was the arbiter and 
judge of all disputes and difficulties, and ranked 
among the officers of the Empire as a vicarius or dux. 1 

ARCHIMFMUS. {Vid. Mimus.) 

ARCHITECTU'RA. (Vid. Amphitheatrum, 
Aau£j Ductus, Arcus, Basilica, Bath, Housk, 
Tjeaiple &c ^ 

ARCHITHEO'ROS. (Vid. Theoria.) 

ARCHON (apxuv). The government of Athena 
appears to have gone through the cycle of changes, 
which history records as the lot of many otner 
states.* It began with monarchy ; and, after pass- 
ing through a dynasty and aristocracy, ended in 
democracy. (By dynasty is here meant that the 
supreme power, though not monarchical, was con- 
fined to one family.) Of the kings of Athens, con- 
sidered as the capital of Attica, Theseus may be 
f jaid to have been the first ; for to him, whether as a 
real individual or a representative of a certain 
period, is attributed the union of the different and 
independent states of Attica under one head. 3 The 
last was Codrus, in acknowledgment of whose 
patriotism in meeting death for his country, the 
Athenians are said to have determined that no one 
should succeed him with the title of fiamTieve, or 
king. It seems, however, equally probable, that it 
was the nobles who availed themselves of this op- 
portunity to serve their own interests, by abolishing 
the kingly power for another, the possessors of 
which they called upxovtec, or rulers. These for 
some time continued to be, like the kings of the 
house of Codrus, appointed for life : still an impor- 
tant point was gained by the nobles, the office 
being made vnevdvvoc, or accountable,* which, of 
course, implies that the nobility had some control 
over it ; and perhaps, like the barons of the feudal 
ages, they exercised the power of deposition. 

This state of things lasted for twelve reigns of 
archons. The next step was to limit the continu- 
ance of the office to ten years, still confining it to 
the Medontid^, or house of Codrus, so as to estab- 
lish what the Greeks called a dynasty, till the ar- 
chonship of Eryxias, the last archon of that family 
elected as such. At the end of his ten years (B.C. 
684), a much greater change took place : the ar- 
chonship was made annual, and its various duties 
divided among a college of nine, chosen by suffrage 
(X ei poTovta) from the Eupatridae, or Patricians, and 
no longer elected from the Medontidss exclusively. 
This arrangement continued till the timocracy es- 
tablished by Solon, who made the qualification for 
office depend not on birth, but property, still retain- 
ing the election by suffrage, and, according to Plu- 
tarch, so far impairing the authority of the archons 
and other magistrates as to legalize an appeal from 
them to the courts of justice instituted by himself 8 
The election by lot is believed to have been introdu- 
ced by Clei* fl nes (B.C. 508) ; 6 for we find this prac- 
tice existir ( y after his time ; and Aristotle ex- 
pressly states tnat Solon made no alteration in the 
alpeoic, or mode of election, but only in the qualifica- 
tion for office. If, however, there be no interpolation 
in the oath of the Heliasts, 7 we are forced to the con- 
clusion that the election by lot was as old as the time 
of Solon ; but the authority of Aristotle and other ev- 
idence strongly incline us to some such supposition, 
or, rather, leave no doubt of its necessity. The last 
change is supposed to have been made by Aristei- 
des, 8 who, after the battle of Platasa (B.C. 479), 

1. ( Vid. Le Clerc, and Spreng-el, Hist, de la Med.)— 2. (Vico, 
Scienza Nuova. — Phil. Mus., vol. ii., p. 627.— Arnold, Thucyd., 
Append.)— 3. (Thucyd., ii., 15.)— 4. (Paus., ii., 5, t> 10.— Dp 
mosth., Neser., 1370.— Aristot., Polit., ii., 9— Bockh, Pub. Econ 
of Athens, ii., p. 27, transl.) — 5. ("Oaa rais apx a ]s £Ta\t Kpivciv 
hvoiws icdl irtpi tKcivuv, ei$ t6 StKaar/jpiov, i(pioti<; Uoikzv. 
Plutarch, Solon., 18.)— 6. (Herod., vf., c. 109.)— 7. (Demosth 
Timocr., p. 747.) — 8. {Tpn<pa xpfj(piap:a koivyiv clvai r^v Tro'Xir 
uav, Kal rovs a'px 0VTa i Q 'Adnvaiwv Travrwv atpciadai. Flu 
tarch, Arista 



ARCHON. 



ARCHON. 



abolished the property qualification, throwing open 
the archonship and other magistracies to all the citi- 
zens, that is, to the Thetes as well as the other 
classes, the former of whom were not allowed by 
Solon's laws to hold any magistracy at all ; in con- 
formity with which, we find that, even in the time 
of Aristeides, the archons were chosen by lot from 
the wealthiest class of citizens (o* nevTaKoaiofiedi/x- 

VOJ 1 ). 

Still, after the removal of the old restrictions, 
seme security was left to ensure respectability; for, 
previously to an archon entering on office, he un- 
derwent nn examination, called the avaxpio-ig,* as to 
his being a legitimate and a good citizen, a good 
son, and qualified in point of property : el exet to 
TL/jLTjfia ; was the question put. Now there are 3 
strong reasons for supposing that this form of ex- 
amination continued even after the time of Aris- 
teides ; and if so, it would follow that the right in 
question was not given to the Thetes promiscuous- 
ly, but only to such as possessed a certain amount 
of property. But even if it were so, it is admitted 
that this latter limitation soon became obsolete ; for 
we read in Lysias* that a needy old man, so poor 
as to receive a state allowance, was not disqualified 
from being archon by his indigence, but only by 
bodily infirmity ; freedom from all such defects be- 
ing required for the office, as it was in some re- 
spects of a sacred character. Yet, even after pass- 
ing a satisfactory avdicptcnc, each of the archons, in 
common with other magistrates, was liable to be 
deposed, on complaint of misconduct made before 
the people, at the first regular assembly in each 
prytany. On such an occasion, the ETuxeipoTovia, 
as it was called, took place ; and we read 5 that, in 
one case, the whole college of archons was deprived 
of office (aTrexeipoTovydii) for the misbehaviour of 
one of their body : they were, however, reinstated, 
on promise of better conduct for the future. ( Vid. 
Arciiairesiai.) 

With respect to the later ages of Athenian histo- 
ry, we learn from Strabo 6 that even in his day 
(fiexpi vvv) the Romans allowed the freedom of 
Athens ; and we may conclude that the Athenians 
would fondly cling to a name and office associated 
wiih some of their most cherished remembrances. 
That the archonship, however, though still in ex- 
istence, was merely honorary, we might expect 
from the analogy of the consulate at Rome ; and, 
indeed, we learn that it was sometimes filled by 
strangers, as Hadrian and Plutarch. Such, more- 
over, was the democratical tendency of the assem- 
bly and courts of justice established by Solon, 7 
that, even in earlier times, the archons had lost the 
great political power which they at one time pos- 
sessed, 8 and that, too, after the division of their 
functions among nine. They became, in fact, not, 
as of old, directors of the government, but merely 
municipal magistrates, exercis'- :tions and 

bearing titles which we will proccu to describe. 

It has been already statedf that the duties of the 
single archon were shared by a college of nine. 
The first, or president of this body, was called up- 
Xiov by way of pre-eminence ; or upx^v ewuvvfiog, 
from the year being distinguished by and registered 
hi his name. The second was styled upxuv (3a<j- 
fXruc, or the king archon ; the third, nohefiapxoc, or 
commander-in-chief ; the remaining six, tieGficdtTai, 
or legislators. As regards the duties of the archons, 
it is sometimes difficult to distinguish what belong- 
ed to them individually and what collectively.' ft 
seems, however, that a considerable portion "of the 



1. (Plut., Arist., ad init.)— 2. (Pollux, Onom., viii., 96.— Di- 
nar., c. Aristog., p. 107 ; roii? ivvia apxovras dvaKplvcrc d 
Yoiias cv -Roiovmv. Demosth., Eubul., 1320.) — 3. (SchSmann, 
De Comit. Ath., 296, transl— Bockh, ii., 277.)— 4. ({inip tov 
'Atwdrov, p. 169.)— 5. (Demosth., c. Theocr., 1330.— Pollux, 
mi., 95.— Harpocr. in Kvpia fKK\rjoia.)—G. (ix., c. 1.)— 7. (Plut. 
n vita.)— 8. (Thucyd., ,., 126.)— 9. (Schomann, 174, transl.) 



judicial functions of the ancient kings devolved 
upon the upx^v enuvv/iog, who was also constituted 
a sort of state protector of those who were unable 
to defend themselves. 1 Thus he was to superintend 
orphans, heiresses, families losing their representa- 
tives (oikoi ol E^epr/fLovfj,evoi), widows left pregnant, 
and to see that they were not wronged in any way. 
Should any one do so, he was empowered to inflict 
a fine of a certain amount, or to bring the parties to 
trial. Heiresses, indeed, seem to have been under 
his peculiar care ; for we read a that he could com- 

Eel the next of kin either to marry a poor heiress 
imself, even though she were of a Jswer class, or 
to portion her in marriage to another. Again, we 
find 3 that, when a person claimed an inheritance 
or heiress adjudged to others, he summoned the 
party in possession before the archon eponymus, 
who brought the case into court, and made arrange- 
ments for trying the suit. We must, however, bear 
in mind that this authority was only exercised in 
cases where the parties were citizens, the pole- 
march having corresponding duties when the neir- 
ess was an alien. It must also be understood that, 
except in very few cases, the archons did not decide 
themselves, but merely brought the causes into 
court, and cast lots for the dicasts who were to try 
the issue.* Another duty of the archons was to re- 
ceive ciaayyiTuai, or informations against individu- 
als who had wronged heiresses, children who had 
maltreated their parents, guardians who had neg- 
lected or defrauded their wards. 5 Informations of 
another kind, the evdeit-ig and (pucric, were also laid 
before the eponymus, though Demosthenes assigned 
the former to the thesmothetae. The last office of 
the archon which we shall mention was of a sacred 
character ; we allude to his superintendence of the 
greater Dionysia and the Thargelia, the latter cele- 
brated in honour of Apollo and Artemis. 

The functions of the upxuv fiaouevc were almost 
all connected with religion : his distinguishing title 
shows that he was considered a representative of 
the old kings in their capacity of high-priest, as the 
Rex Sacrificulus was at Rome. Thus he presided 
at the Lensean, or older Dionysia; superintended the 
mysteries and the games called lafinadrityopiai, and 
had to offer up sacrifices and prayers in the Eleu- 
sinium, both at Athens and Eleusis. Moreover, in- 
dictments for impiety, and controversies about the 
priesthood, were laid before him ; and, in cases of 
murder, he brought the trial into the court of the arei- 
opagus, and voted with its members. His wife, also, 
who was called ^aalXtcca, had to offer certain sac- 
rifices, and therefore it was required that she should 
be a citizen of pure blood, without stain or blemish. 
His court was held in what was called # tov (3ac- 
ikeug otou* 

The polemarch was originally, as his name de- 
motes, the commander-in-chief; 7 and we find him 
discharging military duties as late as the battle of 
Marathon, in conjunction with the ten oTparriyol : 
he there took, like the kings of old, the command 
of the right wing of the army. This, however, 
seems to be the last occasion on record of this ma- 
gistrate, appointed by lot, being invested with such 
important functions ; and in after ages we find that 
his duties ceased to be military, having been in a 
great measure transferred to the protection and su- 
perintendence of the resident aliens, so that he re- 
sembled in many respects the praetor peregrinus at 
Rome. In fact, we learn from Aristotle, in his 

1. (Demosth., Macar., N^o?, p. 1076.— Pollux, viii , 89.)— 2. 
(Demosth., Macar., p. 1052.)— 3. (Id., p. lOS'i.— Pollux, Onom., 
yiii., 52.) — 4. (Demosth., c. Steph., 2, p. 1136.)— 5. (Kdicwoif 
imitX/jpov, yoviaiv, 6p<pavG)v. Pollux, Onom., viii., 48, 49. — De 
mosth., Timocr., 707. — SchSmann, 174.) — 6. (Demosth., Lacr., 
940.— Androt., 601.— Neaera, 1370.— Lysias, And., 103, where thf 
duties are enumerated. — Elmsley ad Aristoph., Acharn., 1143, «. 
scholia. — Clinton, F. H., 468, 4. — Harpocr. in 'Er./jeA/jrifo run 
p.v(Trr)piu)v- Plato. Euthv. et Theset., ad fin. — Pollux. Onom,, 
viii., 90.)— 7. (Herod., vL 109, 111.— Pollux. Onom., viii., 91.) 

88 



ARCHON. 



ARKTOS. 



44 Constitution of Athens," that the polemarch stood 
in the same relation to foreigners as the archon to 
citizens. 1 Thus, all actions affecting aliens, the 
isoteles and proxeni, were brought before him pre- 
viously to trial ; as, for instance, the 61kti aitpoo- 
raciov against a foreigner for living in Athens with- 
out a patron ; so was also the Slktj tnroaTaoiov 
against a slave who failed in his duty to the master 
who had freed him. Moreover, it was the pole- 
march's duty to offer the yearly sacrifice to Artemis, 
in commemoration of the vow made by Callimachus 
at Marathon, and to arrange the funeral games in 
honour of those who fell in war. These three ar- 
chons, the k7v6vvfiog, ftaoilevc, and noteftapxoc, were 
each allowed two assessors to assist them in the 
discharge of their duties. 

The thesmothetae were extensively connected 
with the administration of justice, and appear to 
have been called legislators, 2 because, in the ab- 
sence of a written code, they might be said to make 
laws, or tiec/iot, in the ancient language of Athens, 
though, in reality, they only declared and explained 
them. They were required to review, every year, 
the whole body of laws, that they might detect any 
inconsistencies or superfluities, and discover wheth- 
er any laws which were abrogated were in the public 
records among the rest. 3 Their report was submit- 
ted to the people, who referred the necessary alter- 
ations to a legislative committee chosen for the pur- 
pose, and called vofiodirai. 

The chief part of the duties of the thesmothetae 
consisted in receiving informations, and bringing 
cases to trial in the courts of law, of the days of 
sitting in which they gave public notice.* They 
did not try them themselves, but seem to have con- 
stituted a sort of grand jury, or inquest. Thus they 
received hde^eig against parties who had not paid 
their fines, or owed any money to the state, and knay- 
yeXicu against orators guilty of actions which dis- 
qualified them from addressing the people ; and in 
default of bringing the former parties to trial, they 
lost their right of going up to the areiopagus at the 
*nd of their year of office. 5 Again, indictments for 
personal injuries {v6piwg ypatyai) were laid before 
them, as well as informations against olive growers, 
ibr rooting up more trees than was allowed to each 
proprietor by law. 6 So, too, were the indictments 
for bribing the Helisea, or any of the courts of jus- 
tice at Athens, or the senate, or forming clubs for 
the overthrow of the democracy, and against re- 
tained advocates {avvrjyopoi) who took bribes either 
in public or private causes. Again, an information 
was laid before them if a foreigner cohabited with 
d. citizen, or a man gave in marriage as his own 
.laughter the child of another, or confined as an 
adulterer one who was not so. They also had to 
refer informations (elaayyeTiiai) to the people ; and 
where an information had been laid before the sen- 
ate, and a condemnation ensued, it was their duty 
to bring the judgment into the courts of justice for 
confirmation or revision. 

A different office of theirs was to draw up and 
ratify the av/i6oXa, or agreements with foreign 
states, settling the terms on which their citizens 
should sue and be sued by the citizens of Athens. 7 
In their collective capacity, the archons are said to 
have had the power of death in case an exile re- 
turned to an interdicted place : they also superin- 
tended the emxcipoTovia of the magistrates, held 
every prytany, 8 and brought to trial those whom the 

1. (Demosth., Lacr., 940. — Arist. ap. Harpocr., s. v. Pole- 
march.— Pollux, viii., v 92, 93.)— 2. (Thirlwall, Hist, of Greece, 
vol. ii., p. 17.)— 3- 'iEsch., c. Ctesiph., 59.) — 4. (Pollux, Onom., 
viii., 87, 88.)— 5. (Demosth., Mid., 529, 530.— Macar.. 1075 — 
Timocr., 707. — Bockh, vol. i., p. 59 ; ii., p. 72, transl. — ./Eschin., 
Timarch., p. 5.)— 6. (Demosth., c. Steph., ii., 1137. — Neaera, 
1351, 1363, 1368.— Timocr., 720.— PcJux, viii., 88.— Schomann, 
271.— Bockh, i., 259, 317.)— 7. (Pollux, Onom., viii., 87.— Har- 
pocr., s. v. Karaxttpo^ovia. — Schomann, 224. — Demosth., Arist., 
WO.)— -8 (fT-FOotruxTi. rl finKFj Ka\(iK apyr.iv.) 

84 



people deposed, if an action or indictment were the 
consequence of it. Moreover, they allotted the 
dicasts or jurymen, and probably presided at the 
annual election of the strategi and other military 
officers. 

In concluding this enumeration of the duties of 
the archons, we may remark that it is necessary to 
be cautious in our interpretation of the words apxij 
and upxovreg : the fact is, that in the Attic oratora 
they have a double meaning, sometimes referring to 
the archons peculiarly so called, and sometimes to 
any other magistracy. Thus, in Isaeus, 1 we might, 
on a cursory perusal, infer, that when a testator left 
his property away from his heir-at-law, by what 
was technically called a docic, 2 the archon took the 
original will into custody, and was required to be 
present at the making of any addition or codicil to 
it. A more accurate observation proves that by &g 
Ttiv apxovTuv is meant one of the acrvvofioi, who 
formed a magistracy (upxv) as well as the nine ar- 
chons. 

A few words will suffice for the privileges and 
honours of the archons. 3 The greatest of the for- 
mer was the exemption from the trierarchies; a boon 
not allowed even to the successors of Harmodius 
and Aristogeiton. As a mark of their office, they 
wore a chaplet or crown of myrtle ; and if any one 
struck or abused one of the thesmothetaB or the 
archon, when wearing this badge of office, he be- 
came drt/xog, or infamous in the fullest extent, 
thereby losing his civic rights. The archons, at the 
close of their year of service, were admitted among 
the members of the areiopagus. (Vid. Areiopagus.) 
The principal authority on the subject of the archons 
and their duties is Julius Pollux, in a work called 
'OvofxaariKov : he was a professor of rhetoric at 
Athens in the time of the Emperor Commodus, 
A.D. 190, to whom he inscribed his work, and is 
generally believed to have borrowed his information 
from a lost treatise of Aristotle on the "Constitution 
of Athens." It is, however, necessary tc consult 
the Attic orators, as will be seen from the referen- 
ces which are given in the course of this article. 
Among the modern writers, Bockh and Schomann 
are occasionally useful, though they give no regular 
account of the archonship. 

ARCHO'NES (ap X o)V7]g). The taxes at Athena 
were let out to contractors, and were frequently 
farmed by a company under the direction of an 
apx^v-riq, or chief farmer, who was the person 
responsible to the state.* 

ARCIFIN'IUS AGER. (Vid. Agrimensores/> 

*ARKTION and ARKEION (apunov and tip- 
keiov). There is great confusion of names and 
uncertainty in respect to these plants. Alston re- 
marks that Dioscorides' description of the apKetov 
agrees better with the character of the Arctium 
Lappa, or Burdock, than his description of the 
apKTiov. Sprengel, accordingly, holds the former 
to be the Arctium Lappa, and suggests that the latter 
may be the Verbascum ferrugineum. b 

*ARKTOS (up/croc). I. The common Beai, oi 
Ursus Arctos, L. The Greeks and Romans could 
scarcely be acquainted with the U. maritimus. The 
apKToc of Aristotle is the ordinary Brown Bear, and 
the habits of the animal are well described by him: 
" The bear," observes this writer, " is an omnivor- 
ous animal, and, by the suppleness of its body, 
climbs trees, and eats the fruits, and also legumes. 
It also devours honey, having nrs B broken up the 
hives ; crabs, too, and ants it eats, and also preys 
upon flesh." Aristotle then describes how the ani- 
mal attacks the stag, the boar, and even the bull. 6 — 



1. (De Cleonymi Hsered.) — 2. (Harpocr., s. v. — Tsseiis, nepi 
K'Xfjpwv.)— 3. (Bockh, ii., 322.— Demosth., Lep., 462, 464, 465.— 
Mid., 524.— Pollux, Onom., viii., 86.) — 4. (Andoc, De Myst., p 
65.— Bockh, Publ. Econ. of Ath., vol. ii., p. 26, 28. 53.)— 5. (Dh 
oscor., iv., 104, 105.— Adams, Append., s. v.)— 6. (Anstot., « 
A.., viii.. 5. — Penny Cyclop., vol. iv., p. 84.) 



ARCUS. 



ARCUS TRIUMPHAL1S. 



II. A crustaceous fish, described by Aristotle. 
Most probably the Cancer Arctus, or Broad Lobster 
of Pennant. 1 

ARCUS (also fornix 2 and ica/iapa), an arch sus- 
pended over the head of an aperture, or carried 
from one side of a wall to another, and serving' as 
the roof or ceiling to the space below. An arch is 
formed of a series of wedge-like stones or of bricks, 
supporting each other, and all bound firmly together 
by the pressure of the centre one upon them, which 
latter is therefore distinguished by the name of key- 
stone. 

It would seem that the arch, as thus denned, and 
as used by the Romans, was not known to the 
Greeks in the early periods of their history, other- 
wise a language so copious as theirs, and of such 
ready application, would not have wanted a name 
properly "Grsek by which to distinguish it The 
use of both arches and vaults appears, however, to 
have existed in Greece previously to the Roman 
conquest, though not to have been in general prac- 
tice. 3 But the constructive principle by which an 
arch is made to hold together, and to afford a solid 
resistance against the pressure upon its circumfer- 
ence, was known to them even previously to the 
Trojan war, and its use is exemplified in two of the 
earliest buildings now remaining : the chamber 
built at Orchomenus by Minyas, king of Bceotia, 
described by Pausanias,* and the treasury of Atreus 
at Mycenae. 5 Both these works are constructed 
under ground, and each of them consists of a circu- 
lar chamber formed by regular courses of stones 
laid horizontally over each other, each course pro- 
jecting towards the interior, and beyond the one 
below it, till they meet in an apex over the centre, 
which was capped by a large stone, and thus re- 
sembled the inside of a dome. Each of the hori- 
zontal courses of stones formed a perfect circle, or 
two semicircular arches joined together, as the 
subjoined plan of one of these courses will render 
evident. 




It will be observed that the innermost end of each 
Ftone is bevelled off into the shape of a wedge, the 
apex of which, if continued, would meet in the 
centre of the circle, as is done in forming an arch ; 
while the outer ends against the earth are left. rough, 
and their interstices filled up with small irregular- 
shaped stones, the immense size of the principal 
stones rendering it unnecessary to continue the sec- 
tional cutting throughout their whole length. In- 
deed, if these chambers had been constructed upon 
any other principle, it is clear that the pressure of 
earth all round them would have caused them to 
collapse. The method cf construction here de- 
scribed was communicated to the writer of the 
present article by the late Sir William Gell. Thus 
it seems that the Greeks did understand the con- 
structive principle upon which arches are formed, 

1 (Aristot., H. A., v., 15; viii.,7.)— 2. (Virg., JEn., vi., 631. 
— Cic. in Verr., i., 7.)— 3. (Mitford, Principles of Design in Ar- 
chitecture.)— 4. (ix., 38.)— 5. (Paus., ii . 16.) 



even in the earliest times ; although it did not occtu 
to them to divide the circle by a diameter, and set 
the half of it upright to bear a superincumbent 
weight. But they made use of a contrivance, even 
before the Trojan war, by which they were enabled 
to gain all the advantages of our archway in making 
corridors, or hollow galleries, and which, in appear- 
ance, resembled the pointed arch, such as is now 
termed Gothic. This was effected by cutting away 
the superincumbent stones in the manner already 
described, at an angle of about 45° with the horizon. 
The mode of construction and appearance of the 
arches are represented in the annexed drawing of the 
walls of Tiryns, copied from Sir William Cell's 
Argolis. The gate of Signia (Segni) in Laliura 
exhibits a similar example. 




Of the different forms and curves of arches now 
in use, the only one adopted by the Romans was 
the semicircle ; and the use of this constitutes one 
leading distinction between Greek and Roman ar- 
chitecture, for by its application the Romans were 
enabled to execute works of far bolder construction 
than those of the Greeks : to erect bridges and 
aquaeducts, and the most durable and massive struc- 
tures of brick. *(On the antiquity of the Arch 
among the Egyptians, Mr. Wilkinson has the fol- 
lowing remarks : " There is reason to believe that 
some of the chambers in the pavilion of Remeses 
III., at Medeenet Haboo, were arched with stone, 
since the devices on the upper part of their walls 
show that the fallen roofs had this form. At Sag- 
gara, a stone arch still exists of the time of the 
second Psammiticus, and, consequently, erected 600 
years before our era : nor can any one, who sees the 
style of its construction, for one moment doubt that 
the Egyptians had been long accustomed to the erec- 
tion of stone vaults. It is highly probable that the 
small quantity of wood in Egypt, and the consequent 
expense of this kind of roofing, led to the invention 
of the arch. It was evidently used in their tombs 
as early as the commencement of the eighteenth 
dynasty, or about the year 1540 B.C. ; and, judg- 
ing from some of the drawings at Beni Hassan, it 
seems to have been known in the time of the first 
Osirtasen, whom I suppose to have been contempo- 
rary with Joseph." — Manners and Customs of the 
Anc. Egyptians, vol. ii., p. 116, 117, 1st series.) 

ARCUS TRIUMPHALIS (a triumphal arch), 
an entire structure, forming a passage-way, and 
erected in honour of an individual, or in commem- 
oration of a conquest. Triumphal arches were 
built across the principal streets of the city, and, 
according to the space of their respective localities, 
consisted of a single archway, or a central one for 
carriages, and two smaller ones on each side for 

8^ 



ARC US. 



ARC US. 



fcot -passengers, whien sometimes have side com- 
munications with the centre. Those actually made 
use of on the occasion of a triumphal entry and pro- 
cession were merely temporary and hastily erected, 
and, having served their purpose, were taken down 
again, and sometimes replaced by others of more 
durable materials. 

Stortinius is the first upon record who erected 
anything of the kind. He built an arch in the 
Forum Boarium, about B.C. 196, and another in 
the Circus Maximus, each of which was surmounted 
by gilt statues. 1 Six years afterward, Scipio Afri- 
eanus built another on the Clivus Capitolinus, on 
which he placed seven gilt statues and two figures 
cf horses ; 3 and in B.C. 121, Fabius Maximus built 
a fourth in the Via Sacra, which is called by Cicero 3 
the Fornix FaJbianus. None of these remain, the 
Arch of Augustus at Rimini being one of the earli- 
est among those still standing. 

There are twenty-one arches recorded by different 
writers as having been erected in the city of Rome, 
five of which now remain: 1. Areas Drusi, which 
was erected to the honour of Claudius Drusus on 
the Appian Way.* 2. Arcus Titi, at the foot of the 
Palatine, which was erected to the honour of Titus, 
after his conquest of Judaea, but does not appear to 
have been finished till after his death ; since in the 
inscription upon it he is called Divus, and he is also 
represented as being carried up to heaven upon an 
eagle. The bas-reliefs of this arch represent the 
spoils from the Temple of Jerusalem carried in 
triumphal procession. This arch has only a single 
opening, with two columns of the Roman or Com- 
posite order on each side of it. 3. Arcus Septimii 
Severi, which was erected by the senate (A.D. 207) 
at the end of the Via Sacra, in honour of that em- 
peror and his two sons, Caracalla and Geta, on 
account of his conquest of the Parthians and Ara- 
bians. 4. Arcus Gallieni, erected to the honour of 
Grallienus by a private individual, M. Aurelius 
Victor. 5. Arcus Constantini, which is larger and 
more profusely ornamented than the Arch of Titus. 
It has three arches in each front, with columns sim- 
ilarly disposed, and statues on the entablatures over 
them, which, with the other sculptured ornaments, 
originally decorated the Arch of Trajan. 

ARCUS ((3l6c, t6!-ov), the bow used for shooting 
arrows. The bow is one of the most ancient of all 
weapons, and has been, from time immemorial, in 
ger<3ra\ ise d/2: the globe, both among civilized 
and baA/arous nations. Hence the Greeks and 
Romans ascribed to it a mythical origin, some say- 
ing that it was the invention of Apollo, who taught 
the use of it to the Cretans,* and others attributing 
the discovery either to Scythes the son of Jupiter, 
or to Perses the son of Perseus.* These several 
fables indicate nothing more than the very superior 
skill and celebrity of the Cretans, the Scythians, 
and the Persians in archery. The use of the bow 
is, however, characteristic of Asia rather than of 
Europe. In the Roman armies it was scarcely ever 
employed except by auxiliaries ; and these auxili- 
aries, called sagittarii, were chiefly Cretans and 
Arabians. 7 

Likewise in the Grecian armies, archers acted 
only a subordinate though important part. Their 
position was in the rear; and, by taking advantage 
of the protection afforded by the heavy-armed sol- 
diers, who occupied the front ranks, their skill was 
rendered very effective in the destruction of the 
enemy. Thus Homer 8 gives a long list of names 
in the' Trojan army of men slain by the arrows of 
Teucer, the son of Telamon, who accomplished 

1. (Liv., xxriii., 27 •)— 2. (Liv., xxxvii., 3.)— 3. (in Verr., i., 
,)_4. (Suet., Claud., i.)— 5. (Diod. Sic, v., 74.)— 6. (Plin., H. 
N., vii., 56.) — 7. (Liv., xxxvii., 40 ; xlii., 35. — Compare Xen., 
Anab., i., 2, t) 9 : Kprjre*; To\6rai. — Arrian, Exp. Al., i., 8, (f 8 : 
" TSSimrVwtttM. t.hft Cretan, leader of the archers;" EuouSwraf. 
• taw. h Toiiipxvc- '— 8 < u - VU1 - 266-315. j 

86 



this object Dy sheltering himself under the ample 
shield of his brother Ajax. 

Among the Scythians and Asiatics, archery was 
universally practised, and became the principal 
method of attack. In the description given by He- 
rodotus 1 of the accoutrements of the numerous and 
vast nations which composed the army of Xerxes, 
we observe that not only Arabians, Medes, Parthi- 
ans, Scythians, and Persians, but nearly all the othei 
troops without exception, used the bow, although 
there were differences characteristic of the several 
countries in respect to its size, its form, and the ma- 
terials of which it was made. Thus the Indians 
and some others had bows, as well as arrows, made 
of a cane {nalauoc), which was perhaps the bamboo. 

Herodotus also alludes to the peculiar form of the 
Scythian bow. Various authorities conspire to show 
that it corresponded with the upper of the two fig- 
ures here exhibited, which is taken from one of Sit 




W. Hamilton's fictile vases. It shows the Scythian 
or Parthian bow unstrung, and agrees with the form 
of that now used by the Tartars, the modern repre- 
sentatives of the ancient Scythse. In conformity 
with this delineation, an unlettered rustic, who had 
seen the name of Theseus (GHCETC), says that thus 
third letter was like a Scythian bow. 3 

On the other hand, the Grecian bow, the usual form 
of which is shown in the lower of the preceding fig- 
ures, has a double curvature, consisting of two cir- 
cular portions united by the handle. The fabrica- 
tion and use of bows of this kind are described by 
Homer 3 in the following manner: Pandarus, the 
Lycian archer, having obtained the long horns of a 
species of wild goat, had them smoothed and polish- 
ed by a bowman (nepaot-bog tektov), fitted to one 
another at the base, and fastened together by means 
of a rhig of gold {vpvaeij nopuvn). Preparing to 
shoot, he lowers his body (ttoti yait) ayKkivaq. Com- 
pare the next woodcut). His companions cover 
him with their shields. Having fitted the arrow, he 
draws the string towards his breast ^vevpr/v fxa^Cy 
ire"kaoev). The bow (/3l6c, as opposed to vevpfj) 
twangs, the string resounds, and the ariow flies to 
reach its mark. We see this action exhibiied in 
the following outline of a statue belonging to tb> 




group of the iEgina marbles, and perharie i early as 



(Ap. Athen., x., p. 454, d. — Compar* 
in., 56, and Schol. in loc. — Lycophr., 914. — Anim 
xxii., 8.— Diod. Sic, 1. c.)— 3. (11., iv., 105-126.* 



1. (vii., 61-80.)—2. 
Theocr., 
Marceli., 



AREA. 



AREiOPAGUS. 



5; 



old as the age of Homer himself. 1 The bow, placed 
in the hands of this statue, was probably of bronze, 
and has been lost. 

It is evident that a bow, made and handled in the 
manner here described, could not be longer than 
three or four feet, and must have been far less pow- 
erful than the Scythian bow. On account of the 
material, it is often called by the classical authors 
a horn (nepac, 2 cornu 3 ). 

This difference of size and form caused a differ- 
ence also in the mode of drawing the bow. The 
Greek, with one knee on the ground, drew his right 
hand with the string towards his breast, as repre- 
sented in the ./Eginetan statue, in Homer's account 
of Pandarus, and in Virgil's description* of Camilla ; 
the Scythian, on the contrary, advancing boldly to- 
wards the enemy, and often on horseback, obliged 
by the length of his bow, which he held vertically, 
to avoid stooping and to elevate his left hand, drew 
the other up to his right ear, as is practised by our 
archers in the present day. 5 The Oriental arrow 
was long and heavy in proportion to the bow, 6 and 
was sent, as Procopius observes, with such force 
that no shield or thorax could resist it. 

The bow was sometimes adorned with gold 
whence aureus arcus 1 ). The golden ring, or han- 
dle, has been already mentioned. Apollo is called 
by Homer " the god of the silver bow" (apyvpoTogoc). 

The bowstring was twisted, and was made either 
of thongs of leather (vevpa fioeta*), of horse-hair 
(lirneia rpixuais 9 ), or of the hide, or perhaps the in- 
testines, of the horse (uervus equinus 10 ). 

When not used, the bow was put into a case (to^- 
odf/Kij, yupvToc, Corytus), which was made of leather 
(scorteum 11 ), and sometimes ornamented (Qaeivoc 1 *). 
The bowcase is often repeated and very conspicu- 
ous in the sculptured bas-reliefs of Persepolis. Thus 
encased, the bow was either hung upon a peg 13 or 
carried on the shoulders. 1 * 

Among the Greek and Roman divinities, the use 
of the bow is attributed to Apollo, Diana, Cupid, and 
Hercules ; and they are often represented armed 
with it in ancient works of art. (Vid. Sagitta.) 

ARDA'LION (apduhiov or apduviov), also called 
oarpaKov from the materials of which it was made, 
was a vessel of water, which stood before the door 
of a house in which there was a dead body, in order 
that those who had been with the corpse might pu- 
rify themselves by sprinkling the water on their per- 
sons." 

♦ARD'EA (tpo<J«6c), the Heron. Aristotle 16 de- 
scribes three species : 1. The epudibc neXkoq, the 
Ardea cinerea cristata, L., or common Heron. 2. 
The Xevkoc, the Ardea alba, or Great Egret. 3. The 
uGTepiac, the Ardea stellaris, or European Bittern. 
This last is remarkable for flying very high, and 
hence its name (aarepiac, stellaris), as if it flew up 
to the veiy stars. Its attitude also, when at rest, is 
very singular, the beak being raised up to the heav- 
ens." Virgil's description of the soaring flight of 
this bird is admirably true to nature : 

" Notasque pollutes 
Dcscrit, atque aliam supra volat ardea nubem." 19 

There is a small species of heron which Gesner 
supposes may have been the klafa of Oppian. 
Some late authors, however, would rather refer the 
i?.a<j>is to the Coot, or Fulica atra, L. 19 

A'REA (aXwf or d/lam), the threshing-floor, was 
a raised place in the field, open on all sides to the 

i. (Compare Virer., JEn., xi., 858-862.)— 2. (Anacreon, iii. — 
Horn., Od., xxi., 395.)— 3. (Vir?., Mn., xi., 859.)— 4. (1. c.)— 5. 
(Eustath. in II., iv., p. 452.— Procop., Bell. Pers., 1.)— 6. (See 
Xen., as quoted under Ansa.)— 7. (Virg., JEn., xi., 652.)— 8. 

II., iv., 122.) — 9. (Hesych.)— 10. (.En., ix., 622.)— 11. (Festus.) 
—12. (Horn., Od., xxi., 55.)— 13. (Od., 1. c.)— 14. (r<5£' u>»oimv 
t\u>«. 11., i., 45— JEn., xi., 652.)— 15. (Hesych., s. v.— Pollux, 
Onorci.,viii.,7.)— 16. (H. A.,ix.,2.)— 17. (Cuvier's Animal King- 
dom, v.^l. i., p. 376, transl.)— 18. (Georg., i., 364.)— 19. (Adams, 

A ppend.. ■. r ) 



wind. Great pains were taken to make this floor 
hard; it was sometimes paved with flint stones, 1 but 
more usually covered with clay and smoothed with 
a great roller. 2 It was also customary to cover it 
with lees of oil, which prevented insects injuring it, 
or grass growing upon it. 3 The grains of the corn 
were beaten out by the hoofs of cattle treading upon 
it, or by flails (fusies*). 

AREIOP'AGUS '6 "Apeioc nuyoc, or hill of Ares), 
at Athens, was a rocky eminence, lying to the west 
of, and not far from, the Acropolis. To account for 
the name, various stories were told. Thus, some 
said that it was so called from the Amazons, the 
daughters of Ares, having encamped there when 
they attacked Athens ; others again, as ^Eschylus, 
from the sacrifices there offered to that god ; while 
the more received opinion connected the name with 
the legend of Ares having been brought to trial there 
by Poseidon, for the murder of his son Halirrho- 
hius. 5 To none, however, of these legends did the 
place owe its fame, but rather to the council ('H iv 
'Apeio) ndyu fiovln) which held its sittings there, 
and was sometimes called 'H dvu PovXtj, to distin- 
guish it from the senate of Five Hundred, which sa; 
in the Cerameicus within the city. That it was a 
body of very remote antiquity, acting as a criminal 
tribunal, was evidently believed by the Athenians 
themselves. In proof of this, we may refer to the 
express assertions of the orators, and the legend of 
Orestes having been tried before the council for the 
murder of his mother : a trial which took place be- 
fore Athena, and which iEschylus represents as the 
origin of the court itself. Again, we find that, even 
before the first Messenian war (B.C. 740) began, the 
Messenian king offered to refer the points in dispute 
to the Argi'/e Amphictiony, or the Athenian Arei- 
opagus ; 6 a proof not only of the existence of the 
body, but also that it had. already obtained consid- 
erable reputation for equity in its decisions ; a repu- 
tation which it must have taken some time to estab- 
lish. 

There is sufficient proof, then, that the Areiopa- 
gus existed before the time of Solon, though he is 
admitted to have so far modified its constitution and 
sphere of duty that he might almost be called its 
founder. What that original constitution was must 
in some degree be left to conjecture, though there 
is every reason to suppose that it was aristocratical, 
the members being taken, like the Ephetae, from the 
noble patrician families (uptcTivdfjv). We may re- 
mark that, after the time of Solon, the Ephetag, fifty- 
one in number, sat collectively in four different 
courts, and were charged with the hearing of such 
cases of accidental or justifiable homicide as admit- 
ted of or required expiation before the accused could 
resume the civil and religious rights he had lost : a 
resumption impossible in cases of wilful murder, the 
capital punishment for which could only be escaped 
by banishment for life, so that no expiation was re- 
quired or given. 7 Now the Ephetae formerly ad- 
ministered justice in five courts, and for this and 
other reasons it has been conjectured that they and 
the Areiopagus then formed one court, which deci- 
ded in all cases of murder, whether wilful or acci- 
dental. In support of this view, it has been urged 
that the separation of functions was rendered neces- 
sary by that change of Solon which made the Arei- 
opagus no longer an aristocratic body, while the 
Ephetae remained so, and, as such, were competent 
to administer the rites of expiation, forming, as they 
did, a part of the sacred law of Athens, and there- 
fore left in the hands of the old patricians, even af- 
ter the loss of their political privileges. On this 
point we may remark, that the connexion insisted 



1. (Colum., i., 6.)— 2. (Virg., Georsr., i., 178.)— 3. (Cato, D« 
Re Rust., 91, 129.)— 4. (Colum., ii., 21 )— 5. (Demosth., Aris., 
p. 642.— ^Sschyl., Eumen., 659.)— 6. (Pans., iv., 5, 1. — Tl.irl 
wall, Hist. Greece, vol. i., p. 345.)— 7. (Miiller, Euracn., 64.— 
Pollux. Onom.. 'iii., 125.) 

87 



AREIOPAGUS. 



AREIOPAGUS. 



on may to a great extent be true ; but that there 
was not a complete identity of functions is proved 
by Plutarch {Solon), in a quotation from the laws 
of Solon, showing that even before that legislator 
the Areiopagites and Ephetse were in some cases 
distinct. 

It has been observed, in the article Archon, that 
the principal change introduced by Solon in the 
constitution of Athens was to make the qualification 
for office depend, not on birth, but property ; also 
that, agreeably to his reforms, the nine archons, af- 
ter an unexceptionable discharge of their duties, 
41 vent up" to the Areiopagus, and became members 
of it for life, unless expelled for misconduct. 1 

The council then, after his time, ceased to be aris- 
tocratic in constitution ; but, as we learn from Attic 
writers, continued so in spirit. In fact, Solon is 
said to have formed the two councils, the senate 
and the Areiopagus, to be a check upon the democ- 
racy; that, as he himself expressed it, "the state, 
riding upon them as anchors, might be less tossed 
by storms." Nay, even after the archons were no 
longer elected by suffrage, but by lot, and the office 
was thrown open by Aristeides to all the Athenian 
citizens, the "upper council" still retained its former 
tone of feeling. We learn, indeed, from Iso crates, 8 
that no one was so bad as not to put off his old hab- 
its on becoming an Areiopagite ; and, though this 
may refer to private rather than public conduct, we 
may not unreasonably suppose that the political 
principles of the younger would always be modified 
by the older and more numerous members : a modi- 
fication which, though continually less in degree, 
would still be the same in direction, and make the 
Areiopagus what Pericles found it, a counteracting 
force to the democracy. Moreover, besides these 
changes in its constitution, Solon altered and ex- 
tended its functions. Before his time it was only a 
criminal court, trying cases of " wilful murder and 
wounding, of arson and poisoning," 3 whereas he 
gave it extensive powers of a censorial and political 
nature. Thus we learn that he made the council 
an " overseer of everything, and the guardian of the 
laws," empowering it to inquire how any one got 
his living, and to punish the idle.* 

"We learn from other authorities that the Areiopa- 
gites were " superintendents of good order and de- 
cency," terms rather unlimited and undefined, as it 
is not improbable Solon wished to leave their au- 
thority. There are, however, recorded some par- 
ticular instances of its exertion. 5 Thus we find 
that they called persons to account for extravagant 
and dissolute living, and that, too, even in the later 
days of Athenian history. On the other hand, they 
occasionally rewarded remarkable cases of indus- 
try,, and, in company with certain officers called 
yvvatKovofioL made domiciliary visits at private enter- 
tainments, to see that the number of guests was not 
loo large, and also for other purposes. But their 
censorial and political authority was not confined 
to matters of this subordinate character. We learn 
from Aristotle, 6 that, at the time of the Median inva- 
sion, when there was no money in the public treas- 
ury, the Areiopagus advanced eight drachmae a man 
to each of the sailors : a statement which proves 
that they had a treasury of their own, rather than 
any conirol over the public finances, as some have 
inferred from it. 7 Again we are told 8 that, at the 
time of the bat tie of Chasroneia, they seized and put 
to death those who deserted their country, and that 
they were thought by some to have been the chief 
preservation of the city. 



It is probable that public opinion supported them 
in acts of this kind, without the aid of which they 
must have been powerless for any such objects. In 
connexion with this point, we may add that, when 
heinous crimes had notoriously been committed, but 
the guilty parties were not known, or no accuser 
appeared, the Areiopagus inquired into the subject, 
and reported (tnToQaiveiv) to the demus. The re- 
port or information was called ano^aatg. This waa 
a duty which they sometimes undertook on their 
own responsibility, and in the exercise of an old- 
established right, and sometimes on the order of the 
demus. 1 Nay, to such an extent did they carry this 
power, that on one occasion they apprehended an 
individual (Antiphon) who had been acquitted by 
the general assembly, and again brought him to a 
trial, which ended in his condemnation and death. 3 
Again we find them revoking an appointment 
whereby iEschines was made the advocate of 
Athens before the Amphictyonic council, and sub- 
stituting Hyperides in his room. In these two 
cases, also, "they were most probably supported by 
public opinion, or by a strong party in the state. a 

They also had duties connected with religion, 
one of which was to superintend the sacred olives 
growing about Athens, and try those who were 
charged with destroying them.* We read, too, 
that in the discharge of their duty as religious cen- 
sors, they on one occasion examined whether the 
wife of the king archon was, as required by law, an 
Athenian ; and finding she was not, imposed a fine 
upon her husband. 5 We learn from the same pas- 
sage that it was their office generally to punish the 
impious and irreligious. Again we are told, though 
rather in a rhetorical way, that they relieved the 
needy from the resources of the rich, controlled the 
studies and education of the young, and interfered 
with and punished public characters as such.' 

Independent, then, of its jurisdiction as a crimi- 
nal court in cases of wilful murder, which Solon 
continued to the Areiopagus, its influence must 
have been sufficiently great to have been a consid- 
erable obstacle to the aggrandizement of the de- 
mocracy at the expense of the other parties in the 
state. In fact, Plutarch 7 expressly slates that So- 
lon had this object in vie-w in its reconstruction ; 
and, accordingly, we find that Pericles, who never 
was an archon or Areiopagite, and who was oppo- 
sed to the aristocracy for many reasons, resolved to 
diminish its power and circumscribe its sphere of ac- 
tion. His coadjutor in this work was Ephialtes, a 
statesman of inflexible integrity, and also a military 
commander. 8 They experienced much opposition 
in their attempts, not only in the assembly, but also 
on the stage, where JEschylus produced his tragedy 
of the Eumenides, the object of which was to im- 
press upon the Athenians the dignity, the sacred- 
ness, and constitutional worth of the institution 
which Pericles and Ephialtes wished to reform. 
He reminds the Athenians that it was a tribunal 
instituted by their patron goddess Athena, and puts 
into her mouth a popular harangue full of warnings 
against innovations, and admonishing them to leave 
the Areiopagus in possession of its old and wel I 
grounded rights, that under its watchful guardian- 
ship they might 6leep in security. 9 Still the oppo- 
sition failed : a decree was carried, by which, as 
Aristotle says, the Areiopagus was "mutilated," 
and many of its hereditary rights abolished. 10 ^ Ci- 
cero, who in one place speaks of the council ns 
governing Athens, observes in another, that from 
that time all authority was vested in the ecclesia. 



I. (Dinarc, c. Demosth., p. 97. — Plutarch, Vit. Sol.)— 2. 
(Areiop., 147.) — 3. (Pollux, Onom., viii., 117. — Demosth., Aris., 
627.) — 4. (Plutarch, Vit. Sol. — Isocr., Areiop., 147.)— 5. (Athe- 
n:eus, iv., p. 167, e. ; 108, b. ; erf. Dinilorf., vi., 245, c. — Pollux, 
Onom., viii., 112.)— 6. (Plutarch. Them., 10.— Vid. Bockh. Public 
Econ. of Athens, vol. i., p. 208, transl.)— 7. (ThirlwalL. Hist. 
Sieei-e, vol. ni., A pp. 1.)— 8. (Lycurg., c. Leoc, 154.) 
88 



1. (Dinarchus, c. Demosth., 97. — Schomann, De Comit. 
Athen., 217, transl.)— 2. (Demosth., De Cor., 271, 272.— Di- 
narch., c. Demosth., p. 98.)— 3. (Demosth., ibid.)— 4. (Lysias, 
rrEpi HrJKOv., 109-111.)— 5. (Demosth., Neaer., 1373.)— 6. (Isocr., 
Areiop., p. 151.) — 7. (Solon, Pericl.) — 8. (Plutarch, Cim., 
Pericl.)— 9. (Miiller, Eumen., 35.)— 10. (Aristot., Polit , ii., 9 
— Cic, De Nat Deor.. ii.. 29 ; De Rep., i.. 27.) 



AREIOPAGUS. 



AREIOPAGUS. 



and the slate robbed of its ornament and honour. 
Plutarch 1 tells us that the people deprived the 
Areiopagus of nearly all its judicial authority 
(rue Kpiaeic nXrjv oXcyuv aTidaag), establishing an 
unmixed democracy, and making themselves su- 
preme in the courts of justice, as if there had for- 
merly been a superior tribunal. But we infer from 
another passage that the council lost considerable 
authority in matters of state; for we learn that 
Athens then entered upon a career of conquest and 
aggrandizement to which she had previously been 
a stranger; that, " like a rampant horse, she would 
not obey the reins, but snapped at Eubcea, and leap- 
ed upon the neighbouring islands." These ac- 
counts in themselves, and as compared with others, 
are sufficiently vague and inconsistent to perplex 
and embarrass ; accordingly, there has been much 
discussion as to the precise nature of the alterations 
which Pericles effected; some, among whom we 
may mention Miiller, 2 are of opinion that he depri- 
ved the Areiopagus of their old jurisdiction in cases 
of wilful murder ; and one of his chief arguments 
is, that it was evidently the design of iEschylus to 
support them in this prerogative, which therefore 
must have been assailed. For a sufficient answer 
to this, we would refer our readers to Mr. Thirl- 
wall's remarks, 3 merely stating, in addition, that 
Demosthenes* expressly affirms, that neither tyrant 
nor democracy had ever dared to take away from 
them this jurisdiction. In addition to which, it may 
be remarked, that the consequences ascribed to the 
innovation do not seem to us to indicate that the Arei- 
opagus lost its authority as a criminal tribunal, but 
rather that it was shorn of its power as superin- 
tending the morals and conduct of the citizens, both 
in civil and religious matters, and as exercising 
some control over their decisions. Now an author- 
ity of the former kind seems far removed from any 
political influence, and the popular belief as to its 
origin would have made it a dangerous object of 
tiuack, to say nothing of the general satisfaction 
the verdicts had always given. We may observe, 
toe, that one of the chief features of a democracy 
is to make all the officers of the state responsible ; 
and that it is not improbable that one of the changes 
introduced by Ephialtes was to make the Areiopa- 
gus, like other functionaries, accountable to the de- 
mus for their administration, as, indeed, we know 
they afterward were. 5 This simple regulation would 
evidently have made them subservient, as they seem 
to have been, to public opinion; whereas no such 
subserviency is recorded in criminal matters, their 
tribunal, on the contrary, being always spoken of as 
most just and holy; so much so, that Demosthenes 
says 6 that not even the condemned whispered an 
insinuation against the righteousness of their ver- 
dicts. Indeed, the proceedings before the Areiopa- 
gus, in cases of murder, were, by their solemnity 
and fairness, well calculated to ensure just decis- 
ions. The process was as follows: The king ar- 
chon 7 brought the case into court, and sat as one of 
the judges, who were assembled in the open air, 
probably to guard against any contamination from 
the criminal. 8 The accuser, who was said elg 
'Apeiov ttuvov eirLcrnr/TTeiv, first came forward to 
make a solemn oath (diufioma) that his accusation 
was true, standing over the slaughtered victims, 
and imprecating extirpation upon himself and his 
whole family were it not so. The accused then 
denied the charge with the same solemnity and 
farm of oath. Each party then stated his case with 

1. (Cimon.) — 2. (Eutn., 371.) — 3. (Hist. Greece, vol. iii., p. 
84.)— -4. (c. Arist., p. 641. For an able vindication of this state- 
ment of Demosthenes, the reader is referred to Hermann, 
Opusc, vol. iv., p. 299.) — 5. (^schin., c. Ctes., p. 56. — Bockh, 
Public Econ of Athens, vol. i., p. 353, transl.) — 6. (Aristot., p. 
641, 642.)— 7. (Pollux, Onom., viii., 9, t) 90.)— 8. (Antiphon, De 
Caede Herod., p. 130, 30. — Demosth., c. Aiist., 1. c. — Pollux. 
Onom., viii., 33.) 

M 



all possible plainness, keeping strictly to tie sutv 
ject, and not being allowed to appeal in any way to 
the feelings or passions of the judges. 1 After the 
first speech, 2 a criminal accused of murder might 
remove from Athens, and thus avoid the capital 
punishment fixed by Draco's Qecrfioi, which on this 
point were still in force. Except in cases of parri- 
cide, neither the accuser nor the court had pc ver to 
prevent this; but the party who thus evaded the 
extreme punishment was not allowed to return 
home ; 3 and when any decree was passed at Ath- 
ens to legalize the return of exiles, an exception 
was always made against those who had thus left 
their country.* 

The reputation of the Areiopagus as a criminal 
court was of long continuance, as we may learn 
from an anecdote of Aulus Gellius, who tells lis 5 
that C. Dolabella, proconsul of the Roman prov- 
ince of Asia, referred a case which perplexed him- 
self and his council to the Areiopagus (ut adjudices 
graviores exercitatiorcsque) ; they ingeniously settled 
the matter by ordering the parties to appear that 
day 100 years^centesimo anno adesse). They exist- 
ed in name, indeed, till a very late period. Thus 
we find Cicero mentions the council in his letters ; 6 
and under the Emperors Gratian and Theodosius 
(A.D. 380), 'Poixpioc; $7ioto<; is called proconsul of 
Greece, and an Areiopagite. 7 

Of the respectability and moral worth of the 
council, and the respect that was paid to it, we 
have abundant proof in the writings of the orators, 
where, indeed, it would be difficult to find it men- 
tioned except in terms of praise. Thus Lysias 
speaks of it as most righteous and venerable; 8 
and so great was the respect paid to its members, 
that it was considered rude in the demus laughing 
in their presence, while one of them was making an 
address to the assembly on a subject they had been 
deputed to investigate. This respect might, of 
course, facilitate the resumption of some of their 
lost power, more especially as they were sometimes 
intrusted with inquiries on behalf of the state, az 
on the occasion to which we have just alluded, 
when they were made a sort of commissioners to 
inquire into the state of the buildings about the 
Pnyx, and decide upon the adoption or rejection of 
some proposed alterations. Isocrates, indeed, even 
in his time, when the previous inquiry or doxi/uavca 
had fallen into disuse, speaks well of their -moml 
influence ; but, shortly after the age of Demetrius 
Phalereus, a change had taken place ; they had lost 
much of their respectability, and were but ill fitted 
to enforce a conduct in others which they did no* 
observe themselves. 

The case of St. Paul is generally quoted as 

instance of their authority in religious matters; but 
the words of the sacred historian do not necessarily 
imply that he was brought before the council. It 
may, however, be remarked, that they certainly 
took cognisance of the introduction of new and un- 
authorized forms of religious worship, called kwi- 
dera lepu, in contradistinction to the nuTpta or older 
rites of the state. 9 There was also a tradition that 
Plato was deterred from mentioning the name of 
Moses as a teacher of the unity of the Godhead, by 
his fear of the Areiopagus. 10 

With respect to the number of the Areiopagus *" 
its original form, a point of no great moment, theix: 
are various accounts ; but it is plain that there could 
have been no fixed number when the archons be- 
came members of this body at the expiration of 



1. (TzpooifxiaXtaQai ovk ilijv ov5e olKTtZ,tadai : Aristot., Rhet., 
i., 1. — Pollux, Onom., viii., 117.) — 2. intra tov -rrporepdv \6yov-) 
— 3. (tievyci det6vylav.) — 4. (o< f£ 'Apeiov ndyov Qtuyovrtr.— 
Vid. Plato, Legg., ix., 11.)— 5. (xii., 7.)— 6. (ad Fain., aiii., 1 ; 
ad Att., v., 11.)— 7. (Meursius, Areiop.)— 8. (Andoc, 104.— 
Compare JEsch., c. Timarch., 12. — Isocr., Areiop., 149. — 
Athenams, iv., p. 167.)— 9. (Harpocr., s. v. 'E.-iQtroi eopral 
Schumann, De Comit. Ath., 286, transl.) —10. (Jus.tm Martyr, 
Cohor. ad Grac, p. 22.) 

9^ 



ARGEMONE. 



ARGEJNXUM. 



their year of office. Lysias, ii.deed, speaks of 
them 1 as forming a part of the Areiopagus even 
during that time ; a statement wliich can only be 
reconciled with the general opinion on the subject, 
by supposing that they formed a part of the council 
during their year of office, but were n it permanent 
members till the end of that time, and after passing 
a satisfactory examination. 

ARE'NA. ( Vid. Amphitheatrum.) 

ARETAL'OGI were persons whose occupation 
appears to have been to amuse the company at the 
Roman dinner-tables. 2 They seem to have been 
looked upon with some contempt, as Juvenal speaks 
of the mendax aretalogus. 3 Casaubon thinks that 
they were poor philosophers, of the Cynic and Stoic 
schools, who, being unable to procure followers, de- 
.ivered their discourses on virtue and vice at the 
dinners of the rich, and that they were the same as 
those whom Seneca 4 calls circulatores philosoplios* 
Ruperti says that they were persons who boasted 
of their own valour (aperrj), like the Miles gloriosus 
of Plautus. 6 Turnebus takes the word to mean 
" sayers of pleasant things," from dperoc, pleasant. 1 

ARGET. We learn from Livy 8 that Numa con- 
secrated places for the celebration of religious ser- 
vices, which were called by the pontifices " argei." 
Varro calls them the chapels of the argei, and says 
they were twenty-seven in number, distributed in 
the different districts of the city. We know but 
little of the particular uses to which they were ap- 
plied, and that little is unimportant. Thus we are 
told that they were solemnly visited on the Liber- 
alia, or festival of Bacchus ; and also, that when- 
ever the flamen dialis went (ivit) to them, he was 
to adhere to certain observances. They seem also 
to have been the depositaries of the topographical 
records. Thus we read in Varro, " In sacreis Arge- 
o*~um sciiplum est sic : Oppius mans princeps" &c, 
which is followed by a description of the neigh- 
bourhood. There was a tradition that these argei 
were named from the chieftains who came with 
Heir: ules, the Argive, to Rome, and occupied the 
Gvpitoline, or, as it was anciently called, Saturnian 
Hill. It is impossible to say what is the historical 
value or meaning of this legend ; we may, however, 
notice its conformity with the statement that Rome 
was founded by the Pelasgians, with whom the 
name of Argos was connected. 9 

The name argei was also given to certaii figures 
thrown into the Tiber from the Sublician bridge, 
oe the Ides of May in every year. This was done 
by the pontifices, the vestals, the praetors, and other 
citizens, after the performance of the customary 
sacrifices. The images were thirty in number, 
ma de of bulrushes, and in the form of men (eUula 
^dpcineXa). Ovid makes various suppositions to 
ac< ount for the origin of this rite ; we can only 
cot jecture that it was a symbolical offering to pro- 
pitiate the gods, and that the number was a repre- 
sentative either of the thirty patrician curiEe at 
Rome, or perhaps of the thirty Latin townships. 10 

*ARGEMO'NE (apyeuuvn), a species of plant, 
which Dodonseus is almost disposed to regard as 
identical with the Glaucium, or Horned Poppy. 
Sprengel sets it down for the Papaver argemone. 
The paragraph in Dioscorides, in which the second 
species is described, would seem to be spurious. 
Pliny calls this plant Argemonia, and assigns it va- 
rious curative properties in affections of the nervous 
^y&tem, gout, angina, &c. n 

1. (irepi rov 1.71X00, p. 110, 111. — Vtd. Argum. Orat., c. An- 
diot.)-- 2. (Suet., Octav., 74.)— 3. (Sat. xv., 15, 16.)— 4. (Ep. 
29.)— 5 (Casavb. in Suet., Octav., 74.)— 6. (Ruperti in Juv., 
xt., 16 J— 7. (Adversaria, x., 12.)— 8. (i., 22.)— 9. (Varro, De 
Ling, tat , iv.— Ovid, Fast., iii., 791.— Aul. Gell., x., 15.— Nie- 
buhr, Rom. Hist., i., p. 214, transl.) — 10. (Varro, DeLing. Lat., 
vi. — C'vid, Fast., v., 621. — Dionys. Halicar., i., 19, 38. — Plu- 
tarch, Quas. Rom., p. 102, Reiske. — Arnold, Rom. Hist., vol. i., 
p. 67 — Biinsen und Plattner, Beschreibu ag Roms, vol. i., p. 
688-7C2.)--ll. (Dioscor., ii., 20? -Adams, Append., s. v.) 

90 



ARGENTA'RII, bankers or money-changers at 
Rome. The public bankers, or mensarii, are to be 
distinguished from the argentarii. The highest 
class of mensarii, the mensarii quinqueviri or trium- 
viri, were a sort of extraordinary magistrates, the 
office being generally filled by persons of high iank; 
their business was to regulate the debts of the citi- 
zens, and to provide and distribute specie on emer- 
gencies. 1 There were other mensarii, who stood 
lower than these, and whose office approximated to 
that of the argentarii ; and still lower stood the 
nummularii, though these were also public function- 
aries. The argentarii, on the contrary, were private 
bankers, who did all kinds of broking, commission, 
and agency business for their customers. They 
are called argentarii ; argentece mensa exercitores ; 
argenti dislr adores ; negotialores stipis argentaricb* 
Their private character is clear, from what Ulpian 
says: 3 " Taberna (i. e., argentarice) publicce, sunt, 
quarum usus ad privatos pertinet." Almost all money 
transactions were carried on through their interven- 
tion, and they kept the account-books of their cus- 
tomers. Hence all terms respecting the relation 
between debtor and creditor were borrowed from 
banking business : thus, rationem accepti scribere (" to 
put down on the debtor's side in the banker's book") 
means " to borrow money ;" rescribere, " to pay it 
back again ;" nomen (an item in the account) is " a 
debt," or even " a debtor," as when Cicero says, 4 
" Ego meis rebus gestis lioc sum assecutus ut bonum 
nomen existimer."* On these books of account, 
which have given rise to the modern Italian system 
of book-keeping by double entry, see Pliny, Hist. 
Nat., ii., 7. 

The functions of the argentarii, besides thei? 
original occupation of money-changing (permutat™ 
argenti), were as follows : 1. Attending public sales 
as agents for purchasers, in which case they were 
called interpretes. 6 2. Assaying and proving mo. ley 
(probatio nummorum). 3. Receiving deposites, or 
keeping a bank in the modern sense of the word. 
If the deposite was not to bear interest, it was called 
depositum, or vacua pecunia ; 7 if it was to bear inter- 
est, it was called credittim* The argentarii were 
said not only recipere, but also constituere, so that a* 
action constitute pecunia would lie against them. 9 

The shops of the bankers were in the cloisters 
round the forum : hence money borrowed from a 
banker is called as circumforaneum; and the phrases 
foro cedere or abire, foro mergi, &c, mean " to be- 
come bankrupt." The argentarii at Rome were 
divided into corporations (societates), and formed a 
collegium like the mensarii and nummularii. The 
argentarius was necessarily a freeman. 

ARGENTUM (apyvpoe), silver. According to 
Herodotus, 10 the Lydians were the first people who 
put a stamp upon silver ; but, according to the tes- 
timony of most ancient writers, silver money was 
first coined at iEgina, by order of Pheidon, about 
B.C. 869. 11 The silver coins of Greece may be 
divided into three kinds, which differ in appearance 
according to the age in which they were struck. 
The most ancient are very thick, and of rude work- 
manship ; those of JEgina usually bear on the 
upper side the figure of a turtle or a tortoise, and 
on the under an indented mark, as if the coin at 
the time of striking the metal had been placed upon 
a puncheon, and had received a mark from the 
weight of the blow. The second kind, which ap- 
pear to belong to the age of Pericles and Xenophon, 

1. (Liv., xxiii., 21: "Propter penjriam argenti triumviri 
mensarii facti." — Vid. etiam Budaeus, De Asse, v., p. J73. — 
Salmasius, De Modo Usur., p. 509.) — 2. (O'-elli, Inscript,n. 
4060.)— 3. (Dig. 18, tit. 1, s. 32.)— 4. (ad Fam., v.,6.)— 5. (Vid. 
Bentley's note on Horace, Epist. II., i., 105.)— -6. (Plaut., Cur- 
cul., iii., 1, 63, seq.)— 7. (Plaut., Curcul., ii., 3, 66-69 ; iii., 66, 
iv., 3, 3.)— 8. (Suet., Octav., 39.)— 9. (Vid. Salmas., De Mode 
Usur., p. 722.)— 10. (i., 94.)— 11. (Ephorus, ap. Strab., viii., p 
376.— Ml., Var. Hist., xii., 10.— Pollux, Onom., ix., 83. — An 
thon's riass. Diet., s. v. Phidon.) 



ARGENT UM. 



ARGIAN G RAPHE. 



are also of a thick form, but not so clumsy m ap- 
pearance. The third, which belong to a later j-eriod, 
ar«! br«ad and thin. The Greek coins, and especi- 
ally the Athenian, are usually of very fine silver. 
Some writers have supposed that they are quite free 
from ^aser metal ; but the experiments which have 
been made show that the finest possess a small 

Siantity of alloy. Mr. Hussey 1 found, upon trial, 
at the most ancient Athenian coins contained 
about -J-g of the weight alloy, the second kind about 
jij, and the more modern about -^; the last of which 
is nearly the same alloy as in our own silver coin. 

It was the boast of the Athenians that their coin- 
age was finer than all other money in Greece, and 
Xenophon says that they exchanged it with profit in 
any market ; 2 but this remark should probably be 
limited to the coinage of his own time. *(Mr. Hus- 
sey made his experiments with three Attic drachmae 
of different ages : the first was a thick one of the 
rudest and earliest style ; the second, a little later, 
but still of a thick form, with the head of Minerva, 
resembling that of the oldest coins, but not quite so 
clumsy ; the third, of the latest kind, broad and 
thin, with the owl standing on the diota, the helmet 
of Minerva's head surmounted by a high crest, and 
with other characteristics of the later coinage of 
Athens. After stating the results, as given above, 
Mr. Hussey goes on to remark as follows : " Now, 
of these three drachmas, the first and third are less 
fine than other Greek money. Out of nine trials of 
Greek and one of Roman silver, the third of the 
three Attic coins in question is considerably the 
lowest of all ; and the first of them is likewise in- 
ferior to all but two. The second, on the contrary, 
is of finer standard than all, and therefore this alone 
can belong to the coinage of which Xenophon 
speaks. And, as the other two must be of different 
ages, th; first belongs to an age earlier than Xeno- 
phon, the second to a later. Thus it appears that 
the coins to which the second drachma belongs, 
that is, the middling class of Attic silver, between 
the thickest and rudest of all, and the broad, thin 
pieces, may be set down as contemporary with 
Aristophanes and Xenophon : the very clumsy and 
ill-executed pieces, from which the first was taken, 
belong to an interior coinage of an earlier age ; and 
the broad, thin coins to later times, when the money 
was, lor Athens at least, considerably debased. 
The comparative value of these coins proves also 
that it was the practice among the Greeks to alloy 
their money, even where the currency had good 
credit and wide circulation ; and, therefore, those 
writers are mistaken who have reckoned the worth 
if it as if it were all, without exception, fine silver. 
For, though it is conceivable that the alloy in the 
oldest coins is due to want of skill to refine the 
metal, yet, when the later coins are baser than the 
earlier, this can only be because they were inten- 
tionally alloyed." 3 ) 

It has been already remarked under Ms, that 
silver was originally the universal currency in 
Greece, and that copper appears to have been sel- 
dom coined till after the time of Alexander the 
Great. Mr. Knight, however, maintains* that gold 
was coined first, because it was the more readily 
round and the more easily worked ; but there are 
sufficient reasons for believing that, even as late as 
the commencement of the Peloponnesian war, the 
Athenians had no gold currency. (Vid. Acrum.) It 
may be remarked here, that all the words connected 
with money are derived from upyvpoc, and not from 
Xpvoos, as tcarapyvpou, " to bribe with money;" ap- 
yvpafiotCoc, " a money-changer," &c. ; and apyvpoc 
is itself not unfrequently used to signify money in 
general, 5 as as is in Latin. 



1. (A.ncient Weights and Money, p. 45.) — 2. (Aristoph., Ran., 
732.— Xen., Vcct., iii.,2.) — 3. (Ancient Weights, <fec, p. 45,46, 
47 )— 4. (PtoI ir Horn., t> 59.)— 5 rSoph Antig., 295.) 



Silver was not coined at Rome till B.C. 269, fiv« 
years before the first Punic war j 1 but the Ro.oian 
coinage of silver never appears to have been so free 
from baser metal as the best Athenian coinage. 
Under the Emperor Gallienus, the coinage was so 
much debased that it contained £ silver and | alloy. 
In the time of the Republic, the impression on silver 
coins was usually, on the obverse, the head of Rcme 
with a helmet, the Dioscuri, or the head of Jupiter 
and on the reverse, carriages drawn by two or four 
animals (big<z, quadrigte), whence they were called 
respectively bigati and quadrigati, sc. nummi. ( Vid. 
Bigatus.) The principal silver coins among the 
Greeks and Romans were respectively the drachma 
and denarius. {Vid. Drachma, Denarius.) 

The Athenians obtained their silver from the sil- 
ver mines at Laurion, which were generally regarded 
as the chief source of the wealth of Athens. We 
learn from Xenophon 2 that these mines had been 
worked in remote antiquity ; and Xenophon speaks 
of them as if he considered them inexhaustible. In 
the time of Demosthenes, however, the, profit ari- 
sing from them had greatly diminished ; and in the 
second century of the Christian aera they were no 
longer worked. 3 The ore from which the silver 
was obtained was called silver earth (upyvptng yf/, 
or simply apyvplric*). The same term (terra) was 
also applied to the ore by the Romans, who obtained 
most of their silver from Spain. 5 

The relative value of gold and silver differed 
considerably at different periods in Greek and Ro- 
man history. Herodotus mentions it 6 as 1 to 13 ; 
Plato 7 as 1 to 12; Menander 8 as 1 to 10; and 
Livy 9 as 1 to 10, about B.C. 189. According to 
Suetonius, 10 Julius Caesar, on one occasion, ex- 
changed gold for silver in the proportion of 1 to 9; 
but the most usual proportion under the early Ro- 
man emperors was abont 1 to 12; and from Con- 
stantine to Justinian about 1 to 14, or 1 to 15. 1 ' 

*ARGENTUM VIVUM, Quicksilver or Mer- 
cury. It is first spoken of by Aristotle and Theo- 
phrastus under the name of fluid silver (upyvpoc \ v - 
toc), and the mode of obtaining it is thus described 
by the latter : " This is procured when a portion 
of cinnabar is rubbed with vinegar in a brass mor- 
tar and with a brass pestle." All the modern pro- 
cesses, on the other hand, that are adopted for 
separating the mercury from the ore, depend upon 
the volatility of the metal, its conversion into va- 
pour in distilling vessels or retorts, and its condensa- 
tion by cold. The nature of this mineral, however, 
does not seem to have been much understood even 
four centuries later ; for Pliny 12 distinguishes be- 
tween quicksilver (Argentum vivum) and the liquid 
silver (Hydrargyrus) procured by processes which 
he describes from minium, or native cinnabar. 
This hydrargyrus he supposes to be a spurious imi- 
tation of quicksilver, and fraudulent substitute for 
it in various uses to which it was applied. 13 Dios- 
corides, however, who is generally supposed to 
have written about the same time with Pliny, means, 
according to Hill, by vdpdpyvpog nad' kavrov the 
quicksilver that is sometimes found in a fluid state 
in the bowels of the earth. (Vid. Cinnabaris.) 14 

APFIAS TPA$H (apyiac ypatiri), an action to 
which any Athenian citizen was liable, according 
to the old law, if he could not bring evidence that 
he had some lawful calling. The law was intro- 
duced by Draco, who made the penalty of convic- 
tion death ; Solon re-enacted the law, substituting, 
however, for the capital punishment a fine of 100 

1. (Plin., H. N., xxxiii., 13.)— 2. (Vectig., iv., 2.)— 3. (Paus., 
i., 1, \ 1. — Bockh, On the Silver Mines of Laurion, in the sec- 
ond volume of the translation of the Public Economy of Athens.) 
—4. (Xen., Vectig., i.,5 ; iv., 2.)— 5. (Plin., II. N., xxxiii., 31.) 
—6. (iii., 95.)— 7. (Hipp., c. 6, p. 231.)— 8. (ap. Poll., Onom., 
ix., 76.)— 9. (xxxviii.,11.)— 10. (Jul., 54.)— 11. (Wurm, De Pon- 
der., &C, p. 40, 41.)— 12. (II. N., xxxiii, 20 ; xxxiii., 41 )— 11 
(Moore's Anc. Mineral., p 21.)— 14. (Hill's Theophrast., p. 235.) 

91 



ARIADNEIA. 



ARIES. 



drachmae for the first conviction, and a loss of civic 
right.3 (arifiia) if the same person was convicted 
three :imes of indolence. 1 According to Julius Pol- 
lux, 2 Draco did not impose a severer punishment 
than aTtfiia, and Solon did not punish it at all till 
the third offence. 3 

♦ARGILLA, Potters' Clay, included frequently 
by the Latin writers under the general name of 
Greta. Thus Palladius says, " Creta, quam argillam 
dicimus:" and Columella, " Creta, qua utunturjiguli, 
quamque nonnulli argillam vocant."* These writers 
speak repeatedly of " creta figularis,"* " creta qua 
fiunt ampkorcs." 6 Celsus, too, speaks of " creta 
figularis" 1 and Vitruvius of " vas ex creta factum, 
non coctum."* By the term Creta, therefore, was 
generally meant some whitish clay, such as potters' 
clay, pipe-clay, or fullers' earth. (Vid. Creta.) 

♦ARGTTIS, a species of wine, celebrated by 
Virgil 9 for its extraordinary durability, and pro- 
cured from a small grape abounding in juice. It is 
believed to have been a white wine. If this con- 
jecture be. well founded, we may discover some 
analogy between it and the best growths of the Rhine, 
which are obtained from a small white grape, and 
are remarkable for their permanency. 10 

APrTTiOT AIKH (apyvpiov dUij) was a civil suit 
of the class 717360 riva, and within the jurisdiction 
of the thesmotheta?, to compel the defendant to pay 
moneys in his possession, or for which he was lia- 
ble, to the plaintiff. This action is casually alluded 
to in two speeches of Demosthenes, 11 and is treated 
of at large in the speech against Callippus. 

*ARGYRi'TIS (apyvptrcc), a name given to the 
ore from which silver was obtained. ( Vid. Argen- 
tum. ) 

ARGUROKOPEPON (apyvpoKonelov), the place 
where money was coined, the mint. That at Ath- 
ens appears to have been in or adjoining to the 
chapel (rjptioy) of a hero named Stephanephorus. 
In it were kept the standard weights for the coins. 12 

ARGYRAS'PIDES (apyvpdoKidec), a division of 
the Macedonian army, who were so called because 
they carried shields covered with silver plates. 
They were held in high honour by Alexander the 
Great, after whose death they went over to Antigo- 
nus. 13 Livy mentions them as the royal cohort in 
the army of Antigonus. 14 The Emperor Alexander 
Severus had in his army a body of men who were 
called argyroaspides. 15 

*AR'IA (apla), a species of plant. Bauhin held 
it to be a kind of pear-tree, and Miller makes it to 
be that kind which gets the English name of White 
Beam-tree, namely, the Pyrus Aria of Hooker. But 
Schneider, upon the authority of Sibthorp, holds it 
to be a variety of the Quercus Hex. 16 

ARIADNEI'A CApiadveia), festivals solemnized 
in the island of Naxos in honour of Ariadne, who, 
according to one tradition, had died here a natural 
death, and was honoured with sacrifices, accom- 
panied by rejoicings and merriment. 17 Another fes- 
tival of the same name was celebrated in honour of 
Ariadne in Cyprus, which was said to have been 
instituted by Theseus in commemoration of her 
death in the month of Gorpiseus. The Amathu- 
sians called the grove in which the grave of Ari- 
adne was shown, that of Aphrodite- Ariadne. This 
is the account given by Plutarch 19 from Paeon, an 
Amathusian writer. 



1. (Lys., o. Nic, apyias. — Ap. Diog. Laert. in Solone. — Har- 
pocr., s. v. KrjTToi et -Koranoq. — Val. Max., ii., 6, 3.) — 2. (Onom., 
riii., 6, (> 42.)— 3. [Vid. Taylor, Lect. Lysiac, p. 707, 708.)— 4. 
(Pallad., i., 34, 3.— Colum., iii., 11, 9.)— 5. (Colum., iii., 11, 9 ; 
vi., 17,6; viii.,2, 3.— Veg., iii.,4.)— 6. (Colum., xii., 4, 5.)— 7. 
(i., 3.)— 8. (viii., 1, 5.)— 9. (Georg., ii., 99.)— 10. (Henderson's 
Anc. Wines, p. 78.)— 11. (in Bceot., 1002 ; in Olympiod., 1179.) 
— 12. (Pollux, Onom., vii., 103. — Bockh, Pub. Econ. of Athens, 
rol. i., p. 194, transl.) — 13. (Justin., xii., 7. — Curtius, iv., 13. — 
Plutarch, Eumen., 13, &c.) — 14. (Liv., xxxvii.,40.) — 15. (Lam- 
f»rid., Alex. Sev., 50.) — 16. (Theophrast., H. P., iv., 7. — Adams, 
ippend., s. v.)— 17. (Plutarch, Thes., 20.)— 18. rn,P« Ml 

92 



ARIES (xpioc), the battering-ram, was aseJ to 
shake, perforate, and batter down the walls of be- 
sieged cities. It consisted of a large beam, mane 
of the trunk of a tree, especially of a fir or an ash. 
To one end was fastened a mass of bronze or 'iron 
(K.eipa'kfi, kju6o2,rj, Trporofii} 1 ), which resembled i/i its 
form the head of a ram ; and it is evident that this 
shape of the extremity of the engine, as well as its 
name, was given to it on account of the resemblance 
of its mode of action to that of a ram butting with 
its forehead. The upper figure in the annexed wood- 
cut is taken from the bas-reliefs on the column of 
Trajan at Rome. It shows the aries in its simplest 
state, and as it was borne and impelled by human 
hands, without other assistance. Even when the 
art of war was much advanced, the ram must have 
been frequently used in this manner, both whenever 
time was wanting for more complicated arrange- 
ments, and wherever the inequality of the ground 
rendered such arrangements impracticable. This 
sculpture shows the ram directed against the angle 
of a wall, which must have been more vulnerable 
than any other part. (" Angularem turrim ictus fo- 
ravit arietis violentior. 8 ) 




dx 



In an improved form, the ram was surrounded 
with iron bands, to which rings were attached, for 
the purpose of suspending it by ropes or chains from 
a beam fixed transversely over it. See the lower 
figure in the woodcut. By this contrivance the sol- 
diers were relieved from the necessity of supporting 
the weight of the ram, and they could with ease 
give it a rapid and forcible motion backward and 
forward, so as to put the opposite wall into a state 
of vibration, and thus to shatter it into fragments. 

The use of this machine was farther aided by 
placing the frame in which it was suspended upon 
wheels, and also by constructing over it a wooden 
roof, so as to form a " testudo" (xeldvrj Kpioiopog 3 ). 
which protected the besieging party from the defen- 
sive assaults of the besieged. Josephus informs us 
that there was no tower so strong, no wall so thick, 
as to resist the force of this machine, if its blows 
were continued long enough.* 

The beam of the aries was often of great length, 
e. g., 80, 100, or even 120 feet. The design of this 
was both to act across an intervening ditch, and to 
enable those who worked the machine to remain in 
a position of comparative security. A hundred 
men, or even a greater number, were sometimes 
employed to strike with the beam. 

The besieged had recourse to various contrivan- 
ces in order to defend their walls and towers from 
the attacks of the aries. 1. They attempted, by 
throwing burning materials upon it, to set it on fire; 
and, to prevent this from being effected, it was cov- 
ered with sackcloth ((te/3/5«, 5 ciliciis*) or with hides 

1. (Josephus.— Suidas.)— 2. (Amm. Marcell., xxiv., 2.)— 1 
(Appian, Bell. Mithrid.)— 4. (Bell. Jud., iii.)— 5. (Joseph., 1. a 
—6. (Veget., iv., 23.) 



ARISTOLOCHIA. 



ARMA. 



uoriis bubulis 1 ), which were sometimes moistened 
[humedis taurinis ezuviis 2 ). 2. They threw down 
great stones, so as to break off the iron head of the 
ram. 3 3. To accomplish the same purpose, they 
erected beams turning upon upright posts (totteno- 
?iei) ; from the extremities of these beams they sus- 
pended masses of lead, trunks of trees, stones, or 
parts of columns. They then caused these ponder- 
ous bodies to fall repeatedly upon the head of the 
ram, while the opposite party attempted to defeat 
this effort by means similar to those mentioned un- 
der the article Antenna, viz., by the use of sickles 
fixed to the ends of long poles (asseribus falcalis*), 
and employed to cut the ropes by which the stones 
and other weights were suspended. 4. They caught 
the head of the ram in a noose (laqueo, 5 j3poxotc 6 ), 
and were thus enabled to draw it on one side and 
avert its blows, or even to overturn it and prevent 
its action altogether. 7 5. They seized the head with 
a large forceps armed with teeth, and called the 
wolf (lupus*), and they thus baffled the efforts of the 
besiegers in the same way as by using the noose. 
6. They filled sacks with chaff, or stuffed them with 
other soft materials, and suspended them by ropes 
wherever the ram was expected to strike, so as to 
divert its blows and break their force, the besiegers 
meanwhile employing the sickles, as already men- 
tioned, to cut the ropes. 9 This provision of sickles, 
in addition to the ram, belonged to the more com- 
plicated engine, called tcstudo arietaria. 

The larger machines of this class were so con- 
structed as to be taken to pieces in order to be con- 
veyed from place to place, and were put together 
again when required for use. 10 

Virgil is certainly chargeable with an anachron- 
ism when he speaks of the aries as employed at 
the sieges of Ilium and of Laurentum. 11 Thucydi- 
des mentions the use of it by the Peloponnesians at 
the siege of Plataea. 12 But it first became an impor- 
tant military engine in the hands of the Macedo- 
nians and Carthaginians. (Vid. Falx, Helepolis, 
Testudo.) 

♦ARIES (tcpioc), the ordinary ram. (Vid. Ovis.) 

♦ARI'ON (upeiuv or upiuv), a shellfish noticed by 
iElian. It is now applied to a genus of the class Mol- 
lusca, but was formerly placed under the Limaces. 13 

♦ARIS'ARUM (apicapov), a species of plant. 
Dodonseus makes out its alliance with the Arum, 
5\nd, accordingly, modern botanists give it the name 
cf Arum arisarum. Miller calls it Friar's Cowl in 
English. 1 * 

♦ARISTOLOCH'IA (apiaroTioxia), a species of 
plant, the modern Birthwort. There is some diffi- 
culty in recognising the three kinds described by the 
ancients. Adams thinks there is little reason for 
rejecting the arpoyyvXij as being the Aristolochia 
Rotunda, and the uaxpa as being the Longa of mod- 
ern botanists ; and yet Sprengel inclines to refer the 
one to the A. pallida, and the other to the A. Cretica, 
L. The KkriuariTiq is unquestionably the Aristoloch- 
ia dematitis, or Climbing Birthwort. 15 The Birth- 
wort tribe possess in general tonic and stimulating 
properties. Pliny, among other complaints in which 
the aristolochia was found useful, notices severe 
dysenteries, difficulty of breathing, hip-gout, the 
sting of scorpions, &c. ; and in Peru, at the present 
day, the A. fragrantissima (called in that country 
Bejuca de la Estrella, or Star-Reed) is highly es- 
teemed as a remedy against dysenteries, malignant 
inflammatory fevers, colds, rheumatic pains, &c. 
The root is the part used. 16 

1. (Vitruv.)— 2. (Amm. Marcell., xx., 7.)— 3. (aTroppt'iXai Tt)v 
rtQciktiv rov liTjxavfjfjiaTos : Joseph., I.e.)— 4. (Liv., xxxviii., 5.) 
—5. (Veget., 1. c.)— 6. (Appian., 1. c.)— 7. (Amm. Marcell., xx., 
1 )— 8. (Veget., 1. c.)— 9. (Joseph., Veget., Appian., 11. cc.)— 
10. (Amm. Marcell., xx.)— 11. (JEn.,ii.,491 ; xii., 706.)— 12. (ii., 
76.) -^13. (Adams, Append., s. v.)— 14. (Dioscor., ii., 198. — 
Adams, Append., s. v.) — 15 Mdans. ADpend.,8.v.)— 16. (T,ind- 
ley's Botany, p. 71.) 



ARMA, ARMATU'RA (hrea, Ttv X ea, Hem. fcr- 
Aa), arms, armour. 

There can be no doubt that, in the eai liest timei, 
the Greeks, as well as other nations, used stones ana 
clubs for their weapons, and that they wore the 
skins of the -wild beasts which they had slain, at 
once as proofs of their strength and prowess, and 
as a protection to their bodies. Hence Hercules 
was commonly represented clad in the spoils of the 
Nemean lion, as well as carrying a club. 1 The 
use of the goatskin for a similar purpose has been 
noticed under the article JEgis. Theocritus, in the 
following lines, describes the savage wrestler Amy- 
cus as wearing the skin of a lion, which was fasten- 
ed over his breast by two of the paws, and depend^ 
from thence over his back : 

Avrup vrrsp vutolo Kal avx&oc jjopecTo 
"Afcpuv depua Xeovrog tMpnfiuevov e/c Ttodeuvu, 

This mode of wearing the lion's skin is displayed 
in two small bronzes of very high antiquity, which 
have been published by Micali, 3 and which are cop- 
ied in the annexed woodcut. 




In the Homeric battles, we have some traces of 
the use of hides for defensive armour, as in the third 
book of the Iliad,* where Paris appears lightly arm- 
ed with a bow and panther's skin upon his shoul- 
ders. In the Argonautic expedition, Ancseus, the 
Arcadian, always wore for the same purpose the 
shaggy hide of a bear, and Argus that of a black 
bull. 5 Even as late as the Messenian war, the 
mountaineers of Arcadia, serving under Aristode- 
mus as light-armed soldiers, wore the skins both of 
sheep and goats, and also of bears, wolves, and oth- 
er wild beasts. 6 

Nevertheless, the armour both of the Greek and 
Trojan armies, as represented by Homer, was com- 
plete and elaborate. In various passages he de- 
scribes the entire suit of armour of some of his great- 
est warriors, viz., of Achilles, Patroclus, Agamem- 
non, Menelaus, and Paris; 7 and we observe that it 
consisted of the same portions which were used by 
the Greek soldiers ever after. Moreover, the order 
of putting them on is always the same. The heavy- 
armed warrior, having already a tunic around his 
body, and preparing for combat, puts on, first, his 
greaves (nvrjuldec, ocrea) ; secondly, his cuiras9 
(dupa!-, lorica), to which belonged the uirpn under- 
neath, and the zone (&vq, C,u>arfjp, cingulum) above; 
thirdly, his sword (!ji<poc, ensis, gladius), hung on 
the left side of his body by means of a belt which 

1. (Vid. Theocr., xxv., 279.)— 2. (Id., xxii., 52.)— 3. (Italia 
avanti il Dominio dei Romani, pi. xjv., fig, 3, and pi. xvi., 1, fig 
7.)— 4. (in. 17.)— 5. (Orph., Argon., 199.— Apoll. Rhod.,i., 324 
— Schol. in loc.)— 6. (Paus., iv., 11, t> 1.)— 7. (II., iii., 328-339 
iv., 132-138 ; xi., 15-45 ; xvi., 130-142 ; xir., 364-391.) 



ARMA. 

passed over the right shoulder ; fourthly, the large 
round shield (gukoc, hanic, clipeus, scutum), support- 
ed in the same manner ; fifthly, his helmet (nopve, 
Kvvtri, cassis galea) ; sixthly and lastly, he took his 
spear {eyx°c, $6pv, hasla), or, in many cases, two 
spears (dovpe 6vu). Virgil represents the outfit of 
a warrior as consisting of the same six portions, 
when he describes the armour made by Vulcan for 
iEneas, and brought to him by his mother. 1 The 
form and use of these portions are described in sep- 
arate articles under their Latin names. The an- 
nexed woodcut exhibits them all in the form of a 
Greek warrior attired for battle, as shown in Hope's 
Costume of the Ancients (i., 70). 




Those who were defended in the manner which 
has now been represented, are called by Homer aa- 
TTL(jTai, from their great shield (Jionic) ; also ayxe- 
fiuxoi,, because they fought hand to hand with their 
adversaries ; but much more commonly rrpopaxoi, 
because they occupied the front of the army : and 
it is to be observed that these terms, especially the 
last, were honourable titles, the expense of a com- 
plete suit of armour {iravQ-Kkiri 1 ) being of itself suf- 
ficient to prove the wealth and rank of the wearer, 
while his place on the field was no less indicative 
cf strength and bravery. 

In later times, the heavy-armed soldiers were 
called oKAirai, because the term bnla more espe- 
cially denoted the defensive armour, the shield and 
thorax. By wearing these they were distinguished 
from the light-armed, whom Herodotus, 3 for the 
reason just mentioned, calls uvonloi, and who are 
also denominated tptlol and yvfivoi, yvfivf/rat or 
yvfivTjrec. Instead of being defended by the shield 
and thorax, their bodies had a much slighter cover- 
ing, sometimes consisting of skins, as in the above- 
mentioned instance of the Arcadians, and some- 
times of leather or cloth; and, instead of the sword 
and lance, they commonly fought with darts, stones, 
bows and arrows, or slings. Though greatly infe- 
rior in rank and prowess to the heavy-armed sol- 
diery, it is probable that they often surpassed them 
in numbers; and by their agility, by their rapid 
movements from place to place, and by embracing 
every opportunity of assailing the enemy, coming 
towards the front under the protection of the heavy- 

1 (JEn., viii., 615-625.)— 2. (Herod., i., 60.)— 3. (ix.. 62, 63.) 

04 



ARMA. 

armed, and again retreating for safety into the rear, 
they rendered important service to their employers. 

We are justified in using the term " employers," 
because the light-armed were commonly attached 
in a subordinate capacity to individuals of the heavy- 
armed soldiery. In this manner the Helots were 
compelled to serve in the Spartan army. At the 
battle of Plataea, each Spartan had an appointment 
of no less than seven Helots to carry his arms, t« 
protect him in danger, to assist him in conquering 
his opponent, and also to perform every menial ser- 
vice. 1 On the same occasion, as we are informed 
by Herodotus, 3 the other divisions of the Greek 
army had only one light-armed to one heavy-armed 
soldier. In after times, also, the Athenian hoplite 
had usually one attendant, and received as wages 
for both himself and his servant two drachmae per 
day. 3 

Besides the heavy and light armed soldiers, the 
orrXlrat and ifttTiol, who, in general, bore towards 
one another the intimate relation now explained, 
another description of men, the ntkraoTai, also 
formed a part of the Greek army, though we do not 
hear of them in early times. Instead of the large 
round shield, they carried a smaller one called the 
7ri?iT7j, and in other respects their armour, though 
heavier and more effective than that of the •tyikoi, 
was much lighter than that of the hoplites. The 
weapon on which they principally depended was 
the spear. 

The cities of Euboea agreed to go to battle only 
as hoplites, discarding the use of light armour, de- 
pending on the sword and lance, and handling the 
latter as a pike.* The Euboeans were probably in- 
duced to form this agreement in consequence of the 
richness of thck island in the ores of copper and 
iron. On the other hand, those nations which had 
neither mines, nor any considerable wealth of other 
kinds, could scarcely send any but light-armed scl 
diers, who commonly served as mercenaries. 

The Romans legions consisted, as the Greek in- 
fantry for the most part did, of heavy and light 
armed troops {gravis et levis armatures). But they 
were not formed upon the same system of attaching 
individuals to one another, in the relation of the 
master or employer and his servant. At all events, 
this system did not prevail among the Romans to 
any extent ; and when Virgil, in the JEneid, men- 
tions the armour-bearer or squire (ar?niger), we must 
understand him to allude to the Grecian or Oriental 
practice, or to attribute such attendance and state 
to kings and generals only. 

"When a legion was drawn up in order of battle, 
the heavy-armed were posted in front in three di- 
visions, viz., the principes, the hastati, and the triarii, 
and behind them were placed the light-armed in two 
divisions, called the rorarii, and the accensi or velites, 
the weight and strength of the arms decreasing 
gradually in these five divisions, until the rear con- 
sisted only of archers, slingers, and other troops, 
who might leave their place whenever occasion re- 
quired, and make swift excursions for the purpose 
of attacking and annoying the enemy. Especially 
in commencing an engagement, the light-armed 
troops advanced to the front, strove to put the enemy 
to flight, and, if successful, pursued them. If, on 
the other hand, they were worsted, they retreated 
again in a body behind the heavy troops, on whom, 
as the main stay of the army, depended the decision 
of the conflict. If the heavy-armed were victori- 
ous, the light-armed again rushed forward to aid in 
breaking the ranks of the enemy, and the pursuit 
was left to them and to the cavalry, while the prin- 
cipes, hastati, and triarii maintained their original 
position. 5 



1. (Herod., ix., 10, 28-30.— Manso, Sparta, i., 1, p. 136, 137.) 
—2. (1. c.)— 3. (Thucyd., iii., 17.)— 4. (Strabo, x., 1, 12, 13.) - 
5. (Veget., De Re Milit., ii.. 15-17 ) 



ARMA. 



ARMILLA. 



The annexed figure is taken from the arch of 
Septirnius Severus at Rome. On comparing it with 
that of the Greek hoplite in the last woodcut, we 
perceive that, while the national character is dis- 
played by a wide difference in the attitude and ex- 
pression, the several parts of the armour correspond, 
excepting only that the Roman soldier wears a dag- 
ger (puxaipa, pugio) on liis right side instead of a 
«word on his left, and, instead of greaves upon his 
legs, has femoralia and caliga. All the essential 
parts of the Roman heavy armour (lorica, ensis, cli- 
peus, galea, hasta) are mentioned together in an epi- 
gram of Martial, 1 and all except the spear in a well- 
known passage of St. Paul, 2 whose enumeration 
exactly coincides with the figures on the arch of 
Severus, and who makes mention, not of greaves, 
but of shoes or sandals for the feet. 




The soft or flexible parts of the heavy armour 
were made of cloth or leather. The metal princi- 
pally used in their formation was that compound of 
copper and tin which we call bronze, or, more prop- 
erly, bell-metal. (Via*. JEs.) Hence the names for 
this metal (xoXkoc, <zs) are often used to mean ar- 
mour, and the light reflected from the arms of a war- 
rior is called avyzj xa^xeiT] by Homer, and lux aena 
by Virgil. 3 Instead of copper, iron afterward came 
to be very extensively used in the manufacture of 
arms, although articles made of it are much more 
rarely discovered, because iron is, by exposure to 
air and moisture, exceedingly liable to corrosion 
and decay. Gold and silver, and tin unmixed with 
copper, were also used, more especially to enrich 
and adorn the armour. When the Cyclopes, under 
the direction of Vulcan, make the suit for JEneas, 
as already mentioned, they employ these various 
metals : 

" Fluit (BS rivis, aurique metaUum : 
Vulnificusque chalybs vasta fornace liquescit" 

It cannot be supposed that the Roman soldiers 
could have acquired their high renown as conquer- 
ors without being regularly instructed in the use of 
arms. Vegetius accordingly, in his first book, de- 
votes several chapters to an account of the exercises 
devised for this purpose. The recruits were provi- 
ded with shields, spears, and other weapons of un- 
usual size and weight, and in other respects ex- 
pressly adapted for the discipline of the drill. The 

I. fix.. S7.>-2. (Eph., vi , 14-17.)— 3. (.En., ii., 470.) 



masters at arms were called armidoct&rcs Jind campv- 
doctores (oTrhodcdatcTai, oTr'AodiddonaXot). 

The armory or arsenal, in which arms of all 
kinds were kept, was called armamentarium (dnXo- 
drJKTjy ottXoQvXukiov 1 ). The marine arsenal at the 
Piraeus, built by the architect Philo, was the glory 
of the Athenians. 2 

In rude states of society, when the spirit of vio- 
lence rendered life and property insecure, both Gre- 
cians and the nations around, whom they called 
barbarians, constantly carried arms for their dp- 
fence. 3 In the time of Thucydides* the Athenians 
had discontinued this practice, because the necessi- 
ty for being always armed existed no longer; but 
they all bore spears and shields in the public pro. 
cessions. 

ARMA'RIUM, originally a place for keeping 
arms, afterward a cupboard, in which were kept, 
not only arms, but also clothes, books, money, or- 
naments, images, pictures, and other articles of 
value. The armarium was generally placed in the 
atrium of the house. 5 The divisions of a library 
were called armaria. 6 We find armarium distegum 
mentioned as a kind of sepulchre in an inscription 
in Gruter. 7 

ARMAMENTARIUM. ( Vid. Arma, p. 95.) 

*ARMENI'ACA MALA {ufjla' kpfiEviana), a fruit, 
which Dioscorides makes the same with the prceco- 
cia of the Romans. There seems little reason to 
doubt that it is identical with our ApiicoL* 

*ARMENTCM ('Apfievtov), a blue pigment called 
after the country whence it came. The kind which 
by Dioscorides is esteemed the best, appears to have 
been an earth; for he requires it to be smooth, fria- 
ble, and free from stone. Adams makes it to have 
been an impure carbonate of copper, like the Lapis 
Lazuli. Hill, however, maintains that it was a yel- 
low earth or ochre of copper. The Armenium must 
not be confounded with the Lapis Armenius (Ai0o( 
'ApfiEviaicoc), or Armenian stone, first noticed by 
Paulus ^Egineta, and which is called HQoc \a^ovptoz 
by Myrepsus. Jameson says the Armenian stone 
of the ancients was a limestone impregnated with 
earthy azure copper, and in which copper and iron 
pyrites were sometimes disseminated. 9 

ARMILLA (ifjdXiov, ifj&iov, or ipeXTuov, y\t-&uv, 
afxpidea), a bracelet or armlet. 

Among all the nations of antiquity, the Medcs 
and Persians appear to have displayed the greatest 
taste for ornaments of this class. They wore not 
only armillae on their wrists, and on the arm a little 
below the shoulder, but also earrings, collars or 
necklaces, and splendid turbans. These portions 
of their dress often consisted of strings of valuable 
pearls, or w T ere enriched with jewels. They were 
intended to indicate the rank, power, and wealth of 
the wearer, and this use of them has continued 
through successive generations down to the present 
day. 10 

In Europe, golden armillae were worn by the 
Gauls both on their arms and on their wrists. 11 The 
Sabines also wore ponderous golden armillae on the 
left arm, about the time of the foundation of Rome ; 13 

1. (Vid. Liv., xxxi.,23.— Juv., xiii., 83.)— 2. (Strab.,ix.,l, 15. 
— Plin., H. N., vii., 38.— Val. Max., viii., 12.— Cic.,De Orat.,i., 
14.)— 3. (Thucyd., i., 6.)— 4. (vi., 58.)— 5. (Dig. 33, tit. 10, s. 3. 
— Cic, pro Cluent., c. 64.— Petron., Sat., 29.— Plin., II. N, 
xxix., 17, 32; xxxv., 2, 2.) — 6. (Vitruv., vii., Prcef. — Vopisc., 
Tac, 8.)— 7. (p. 383, No. 4.)— 8. (Dioscor., 1, 165.— Hardooin h\ 
Plin., H. N., xv., 21. — Casiri, Biblioth. Hispan. Arab., vol. i., pi 
330. — Gesner, Lex. Rusticum.) — 9. (Dioscor., v., 105. — Vitruv- 
7, 9.— Plin., H. N., xxxv., 28. — Adams, Append., s. v. — Moore'.t 
Anc. Mineral., p. 68, 69.)— 10. (Herod., viii., 113; ix., 80.— 
Xen., Anab., i., 2, 27 ; i., 8, 29.— Cyrop., i., 3, 2, 3 ; vi., 4, 2, rt 
alibi. — Chares Mytil., ap. Athen., iii., 14. — Diod. Sic, v., 45.— 
Corn. Nep., Dat., iii. — Amm. Marcell., xxiii., sub fin. — Compare 
Gen., xxiv., 22, 30, 47.— Ezek.. xxiii., 42.-2 Sam.,J., 10 — Wil 
kinson's Customs of Anc. Egypt, vol. iii., p. 374, 375.)— 11 (CI 
Quadrig., ap. Aul. Gell., ix., 13.— Uepl rols (ipaxloci *at Toy 
Kapno'n Uf'Xia : Strabo, iv., 4, 5 )— 12. fLiv., i., 11.— Floi , i.,1 
—Val Max., ix., 6. 1 ) 

95 



AttiMILLA. 



ARMILLA. 



ana at the sa;ne early period, the Samians wore 
richly-ornamented arm jets at the solemn festivals 
in honour of Jano. 1 

It does not appear that armillge were subsequently 
worn among the Greeks by the male sex. But those 
ladies who a ?med at elegance and fashion had both 
arnlets (TcepiSpaxiovta*) and bracelets (TreptudpTua, 
, repixsic>La> aKpoxeipta), of various materials, shapes, 
fcui styles of ornament. In a comedy of Plautus, 
formed upon a Greek model, 3 armillge are mention- 
ed as parts of female attire, and one kind is distin- 
guished by the name of spinier. This term {a<ptyK- 
Tfjp) is manifestly derived from ctyCyyu (to com- 
press), and its application is explained from the cir- 
cumstance that the bracelet so denominated kept its 
place by compressing the arm of the wearer. The 
armilla was, in fact, either a thin plate of metal, or 
a wire of considerable thickness; and, although 
sometimes a complete ring, it was much more fre- 
quently made without having its ends joined ; it was 
then curved, so as to require, when put on, to be 
slightly expanded by having its ends drawn apart 
from one another;* and, according to its length, it 
went once, twice, or thrice round the arm, or even 
a greater number of times. When it made several 
turns, it assumed the form so clearly denned by Ho- 
mer in the expression yva/nrrdc eluiac, " twisted 
spirals;" 5 a form illustrated by numerous armillee 
of gold and bronze in our collections of antiques, 
and exhibited very frequently on the Greek painted 
vases. (See the annexed wood cut, from Sir William 
Hamilton's £reat work, vol. ii., pi. 35.) 




These spiral wires were sometimes engraved so 
as to exhibit the form of a serpent, and bracelets of 
this description were called snakes by the Athenian 
iadies. 5 

As in regard to the frontal (vid. Ampyx), so 
also in respect of armillee, the Greeks conceived 
the attire of a goddess to resemble that of a lady of 
superior state and beauty. Hence they attributed 
these decorations to Aphrodite, 7 and traces of a 
metallic armlet are seen upon the celebrated marble 
Btatue of that divinity preserved at Florence. In the 
British Museum is an inscription, 9 found among the 
roins of the Parthenon at Athens, which makes dis- 
tinct mention of the u^ideal upon both the arms 
of a golden Victory preserved in that temple. 9 
* ' ' ■ 

1. (A»ii Samii Carm. a Bachio, p. 146.) — 2. (Xen., Cyrop., vi., 
4,2.— Chariton, aDorville, p. 110.)— 3. (Men., iii., 3.) — 4. (Isid., 
Orig., xix.,30.) — 5. (II., xviii., 401.) — 6. (Maris and Hesychius, 
B. ▼. S(btig.)—7. (Plutarch, De Fort. Rom.)— 8. (Elgin Coll., 
No. 267.)— 9. (Bockh, Staatsh., ii., p. 291, 293.— Id., Corpus 
laser., i., p. 235.) 
96 



Among the Romans we most commonly read of 
armillae as conferred upon soldiers for deeds of ex- 
traordinary merit. 1 (See the next woodcut.) An in- 
stance of this occurs in Livy, 2 where, after a victo- 
ry, one of the consuls bestows golden crowns and 
bracelets upon two officers, four centurions, and a 
manipulus of hastati, and gives silver horns and 
bracelets to others, who were either foreigners, 01 
younger and of inferior Tank. Pliny says 3 that 
crowns and bracelets of gold were given to citizens, 
and not to foreigners. These military honours are 
enumerated in the inscriptions upon various ancient 
monuments raised to the memory of Roman officers 
and soldiers, stating that the emperor had presented 
them torquibus, armillis, phaleris, &c, and often re- 
cording the exact number of these several decora- 
tions. 4 The following form of words used in con- 
ferring them is preserved by Valerius Maximus :• 
" Imperator te argenteis armillis donate 

The Roman females wore bracelets partly for 
use and partly for ornament. The use of them 
was to hold amulets. (Vid. Amuletum.) Pliny 
gives a variety of directions respecting the remedies 
to be effected by inserting particular things in brace- 
lets (armillce, 6 brachialia 7 ), and wearing them con- 
stantly upon the arm. On the same principle, the 
Emperor Nero, in compliance with the wishes of 
his mother, sometimes wore on his right arm the 
exuviae of a serpent, enclosed in a golden armil- 
la. 8 

As ornaments, armillae were worn at Rome chiefly 
by women of considerable rank. The metallic band 
was, for this purpose, frequently enriched with pre- 
cious stones and other beautiful objects. The pres- 
ents of amber, succina grandia, mentioned by Ju- 
venal 9 as sent to a lady on her birthday, were 
probably bracelets set with amber. 10 In the follo^r- 
ing woodcut, the first figure represents a gold bracf*. 
let discovered at Rome, on the Palatine Mount * 
The rosette in the middle is composed of distint 




and very delicate leaves. The two starlike ilc^*- 3 
on each side have been repeated where the holes lor 
securing them are still visible. The second figure 
represents a gold bracelet found in Britain, and pre- 
served in the British Museum. It appears to be 



1. (Festus, s. v.— Isid., Orig., 1. c.)— 2. (Liv., sc., 44.)— 3 (H. 
N , xxxiii., 10.) — 4. (Bartholinus, De Armillis, p. 52,92, Gruter.) 
—5. (viii., 14, 5.)— 6. (II. N., xxviii.,9, 47.)— 7. (lb., 23; xxxii , 
3.)_8. (Suet., Ner., 6.)— 9. (ix., 50.)— 10. ("gemmata dextro- 
cheria:" Schol. in loci— II. (Caylus, Rec. d'Ant.. t. v., pi. 93 \ 



AlixMY. 



ARMY. 



made of two gold wires twisted together, and the 
mode of fastening it upon the arm by a clasp, is 
worthy of observation. It has evidently been a lady's 
ornament. Besides objects finely wrought in gold, 
and the most beautiful pearls and jewels, ladies' 
bracelets were also, formed to display other exqui- 
site works of art. Bottiger says 1 "it can scarcely be 
doubted that the most splendid gems, with figures 
cut in relief, were designed to be worn in bracelets 
by the empresses, and other women of high rank in 
Rome." The same author observes 2 " that the large 
bracelets, made with three or four coils, were in- 
tended as rewards for the soldiers," and that it would 
be ridiculous to suppose such massive ornaments to 
have been designed for women. A specimen of 
these ponderous and highly valuable armillae is rep- 
resented in the third of the preceding figures. The 
original, of pure gold, is more than twice the length 
of the figure, and was found in Cheshire 3 

If bracelets were worn by a Caligula,* it was re- 
garded as a sign of extravagance and effeminacy, 
being quite opposed to Roman ideas and customs. 
In general, the epithet armillatus denoted a servile 
or degraded condition. 5 

The terms armilla and i[)£.1lov are used for orna- 
ments of the same kind as those already explained, 
which were worn upon the ankles, very commonly 
by Africans and Asiatics, rarely by Europeans. 6 A 
dog-collar is also called armilla {armUlatos canes'), 
and an iron ring used by carpenters. 8 

ARMILUS'TRIUM, a Roman festival for the 
purification of arms. It was celebrated every year 
on the 14th before the calends of November (Oct. 
19), when the citizens assembled in arms, and offer- 
ed sacrifices in the place called Armilustrum, or 
Vicus Armilustri, in the 13th region of the city. 9 

•ARMORA'CIA (f>a<pavi.c), Horseradish. (Vid. 

RHAPHaNIS.) 

ARMY (GREEK). In the petty states of Greece, 
down to a period long subsequent "to their establish- 
ment, a traveller, when beyond the walls of a town, 
was in constant danger of being surprised by an en- 
emy, and often the labours of husbandry were ear- 
ned on by men with arms in their hands. 10 This 
insecurity of liberty and life must have tended pow- 
erfully to have infused a martial spirit among the 
Greeks ; and, though they may have borrowed the 
first principles of war from the nations of the East, it 
was among them that the organization of a military 
force, and the tactics of the field, were brought near- 
ly to as high a degree of perfection as was consist- 
ent with the nature of the arms in use before the in- 
dention of gunpowder. 

The attack on Thebes and the war of Troy are 
i he earliest instances in the Grecian history of 
military actions performed on a considerable scale; 
and on the latter occasion (probably about B.C. 
1184), an army of 100,000 men is supposed to have 
been assembled. It would seem that the troops of 
the different states engaged in this war were at first 
intermixed with each other ; for, in the second book 
of the Iliad, 11 Nestor is represented as advising Ag- 
amemnon to divide the army into several bodies, ac • 
cording to the nations or tribes of which it was 
composed, and to place each division under its own 
prince. It is scarcely conceivable, however, that 
such a distribution did not always subsist when na- 
tions combined together for one object; and, as the 
ships of the several states appear to have been 
drawn up separately, probably the mixture of the 
troops was only an accidental circumstance, arising 
from the inactivity in which the army had for some 



1. (Sabina, ii, 159.)— 2. (p. 157.)— 3. (Archjeologia, xxvii., 
400 )— 4. (Suet., Cal., 52.)— 5. (Suet., Ner., 30.— Mart., xi., 22.) 
—6. (Herod , iv., 168.)— 7. (Propert., iv., 8, 24.)— 8. (Vitruv., 
i., 6.)— 9. <Fcstus, s. v.— Varro, De Ling. Lat., iv., 32 ; v., 3.— 
Liv., xxvii., 37.— P. Vict., De Re^ionibus, U. R.— Inscript. in 
Gruter, p. 250.)— 10. (* jca yup fi ' EAAtij i ctdnpoMpei • Thucyd., 
.,6.)— 11. (1.362.) 3 



time previously remained. It may be imagined,, 
thereibre, that the advice of Nestor was only intend- 
ed as a regular notice for re-forming the army pre- 
paratory to inspection, and previously to a return 
to active service: be that as it may, the practice 
was afterward general, rs well in the East as in the 
Greek states of Europe. 

In the fourth book of the Iliad, 1 the arrangement 
of the army previously to an engagement is dis- 
tinctly described. A line of war- chariots, in which 
the chiefs fought, formed the front ; the heavy-arm' 
ed foot were in the rear ; and the middle space was 
occupied by archers or light-armed men, on whom 
less reliance could be placed. The warriors were 
protected by cuirasses, greaves, and helmets, all of 
bronze ; they carried strong bucklers, and their of- 
fensive arms were javelins or pikes, and swords. 
The battle began by darts being thrown from the 
chariots as the latter advanced to break the ranks 
of the enemy : the chariots probably then fell into the 
intervals between the divisions of the troops who 
fought on foot; for the latter are said to have moved 
up in close order and engaged, shield touching 
shield, and lance opposed to lance, while the light- 
armed troops, now in the rear of all, or behind the 
chariots, discharged their arrows and stones ovei 
the heads of the combatants in front. The precept 
of Nestor, that the warriors should keep their ranks 
in action, according to the manner of their ances- 
tors, indicates that a certain degree of regularity had 
long before been observed in the march of armies, 
or in the collisions of hostile troops. 

On contemplating the account given by Homer, it 
must appear evident that the practice of war in his 
age differed from that which was followed by the 
Asiatics, Egyptians, and Greeks of a much later peri- 
od, chiefly in the absence of cavalry : a circumstance 
which seems to prove that the art of horsemanship, 
though not wholly unknown, since Diomed rides on 
one of the horses which had been taken from the 
car of Rhesus, 2 must have been then very imperfect 
The dense array in which the Greeks are represent- 
ed as formed, in the fourth and thirteenth books of 
the Iliad, corresponds to that of the body of troops 
subsequently denominated a phalanx ; and these are 
the first occasions on which great bodies of men are 
said to have been so drawn up. But, at the same 
time, it must be remarked, that though the poet 
seems in some passages to consider the compact ar- 
rangement of troops as a matter of great importance ; 
yet the issue of the battle is almost always decided 
by the personal prowess of individual chieftains, 
who are able to put to flight whole troops of ordina- 
ry soldiers. 

From a passage in the last book of the Iliad, 3 it 
appears that during the heroic ages, as they are call- 
ed, every family in a state was obliged to furnish 
one man, or more, who were chosen by lot, when a 
chieftain intended to set out on a military expedi- 
tion. While absent from home, the troops subsisted 
by supplies brought up from their own district, or 
raised in that of the enemy. In the manner last 
mentioned, and by the plunder obtained in piratical 
excursions to the neighbouring coasts, the Greek 
army supported itself during the ten years of the 
Trojan war. 

When, after the return of the Heraclidae, the 
states of Greece had acquired some stability, the 
great lawgivers of Sparta and Athens, while form- 
ing constitutions for their several people, are said to 
have made regulations for the military service. To 
the free citizens only was it thought proper to grant 
the honour of serving their country in complete ar- 
mour; and we learn from Herodotus that slave* 
were made to act as light-armed troops. In thu 
action at Platsea against Mardonius, the right wing 
of the Grecian army was composed of 10,000 La- 

I. (I. 297-299.)— 2. (II., x.. 513, 514.)— 3. (1 400.) 

97 



ARMY. 



AKMY. 



eedaemcnians, of whom half were Spartans, and 
each of these was accompanied by seven Helots ; 
the remaining 5000, who were furnished by the 
other towns of Laconia, were each accompanied by 
one Helot. 1 The employment of slaves in the an- 
cient armies was, however, always considered as a 
dangerous measure ; and it was apprehended, with 
reason, that they might turn against their masters, 
or desert to the enemy. 

The organization of the Lacedaemonian army 
was more perfect than that of any other in Greece. 
It was based upon a graduated system of subordi- 
nation, which gave to almost every individual a de- 
gree of authority, rendering the whole military force 
a community of commanders, 8 so that the signal 
given by the king ran in an instant through the 
whole army. 3 The foundation of this system is at- 
tributed to Lycurgus, who is said to have formed 
the Lacedaemonian forces into six divisions (/j.6pat). 
Each fiopa was commanded by a 7roke/j.apxog, under 
whom were four koxayoi, eight TzevTrjuocTfipeg, and 
sixteen evto/ioTupxoi ;* consequently, two evofiorlai 
formed a nevr^Koarvg, two of these a koxog, and 
four Ioxol made a /xopa. The regular comple- 
ment of the enomotia appears to have been twen- 
ty-four men besides its captain. The lochus, then, 
consisted ordinarily of 100, and the mora of 400 
men. The front row of the enomotia appears to 
have consisted of three men, and the ordinary depth 
of the line of eight men. The number of men in 
each enomotia was, however, not unfrequentiy in- 
creased. Thus, a; die battle of Mantinea, another 
file was added ; so that the front row consisted of 
four men, and each enomotia consequently contain- 
ed thirty-two men. 5 At the battle of Leuctra, on 
the contrary, the usual number of files was retain- 
ed, but the depth of its ranks was increased from 
eight to twelve men, so that each enomotia contain- 
ed thirty-six men. 6 In the time of Xenophon, the 
mora appears to have consisted usually of 600 men. 7 
The numbers seem, however, to have fluctuated 
considerably, according to the greater or less in- 
crease in the number of the enomotia. Ephorus 
makes the mora to consist of 500 men, and Polybi- 
us 8 of900. 

At the battle of Mantinea there were seven lochi, 
and the strength of the lochus was doubled by being 
made to consist of four pentecostyes and eight eno- 
motiae. 9 Upon this account Dr. Arnold remarks: 10 
" A question here arises why Thucydides makes no 
mention of the mora, which, according to Xeno- 
phon, was the largest division of the Lacedaemonian 
army, and consisted of four lochi ; the whole Spar- 
lan people being divided into six morae. The scho- 
liast on Aristophanes 11 says that there were six lochi 
in Sparta, others say five, and Thucydides here 
speaks of seven ; but I think he means to include the 
Brasidian soldiers and the neodamodes ; and, sup- 
posing them to have formed together one lochus, 
the number of the regular Lacedaemonian lochi 
would thus be six. These lochi, containing each 
512 men, are thus much larger than the regular 
mora, which contained only 400, and approach more 
nearly to the enlarged mora of 600 men, such as it 
usually was in active service in the time of Agesi- 
laus. Was it that, among the many innovations in- 
troduced into Sparta after the triumphant close of 
the Pcloponnesian war, the term lochus was hence- 
forward used in the sense in which the other Greeks 
commonly used it, that is, as a mere military divis- 
ion, consisting properly of about 100 men ; and that, 
to avoid confusion, the greater divisions, formerly 
called lochi, and whose number, as being connected 

1. (Herod., ix., 28.) — 2. (rd arparont^ov rwv AaKeSaifiovloyv 
HpXOVTts apx&vT0)v ttai: Thucyd., v., 66.) — 3. (Heeren, Polit. 
Antiq., I) 29.) — 4. (Xen., De Rep. Laced., xi., 4.)— 5. (Thucyd., 
r., 68.)— 6. (Xen., Hellen., vi., 4, $ 12.)— 7. (Ibid., iv., 5, f 11, 
!2.)— 8. (quoted hy Plutarch, Pelop., 17.)— 9. (Thucyd., v., 68.) 
-10 'Note on Thucyd., v., 68.)— 11. (Lysistrat., 454.) 
98 



with old traditions and political divisions, was noj 
variable, were for the future called by the less equiv- 
ocal name of morae V 

To each mora of heavy-armed infantry there be- 
longed a body of cavalry bearing the same name,'- 
consisting at the most of 100 men, and commanded 
by the hipparmost (lirirapfiooTr/g 2 ). The cavalry is 
said, by Plutarch, to have been divided in the time 
of Lycurgus into oulami (ovkafioi) of fifty men each; 3 
but this portion of the Lacedaemonian army was 
unimportant, and served only to cover the wings of 
the infantry. The three hundred knights forming 
the king's body-guard must not be confounded with 
the cavalry. They were the choicest of the Spar- 
tan youths, and fought either on horseback or on 
foot, as occasion required. 

Solon divided the Athenian people into four class- 
es, of which the first two comprehended those per- 
sons whose estates were respectively equivalent to 
the value of 500 and 300 of the Attic measures called 
medimni. These were not obliged to serve in the 
infantry or on board ship, except in some command ; 
but they were bound to keep a horse for the public, 
and to serve in the cavalry at their own expense. 
The third class, whose estates were equivalent to 
200 such measures, were obliged to serve in the 
heavy-armed foot, providing their own arms ; and 
the people of the fourth class, if unable to provide 
themselves with complete armour, served . eithej 
among the light-armed troops or in the navy. The 
ministers of religion, and persons who danced in the 
festival of Dionysus, were exempt from serving in 
the armies; the same privilege was also accorded 
to those who farmed the revenues of the state. There 
is no doubt that, among the Athenians, the divisions 
of the army differed from those which, as above sta- 
ted, had been appointed by the Spartan legislator ; 
but the nature of the divisions is unknowr, and it 
ran only be surmised that they were such as are 
hinted at in the Cyropaedia. In that work, Xeno- 
phon, who, being an Athenian, may De supposed to 
have in view the military institutions of his own 
country, speaking of the advantages attending the 
subdivisions of large bodies of men, with respect to 
the power of re-forming those bodies when they hap- 
pen to be dispersed, states* that the ragig consists 
of 100 men, and the "koxog of twenty-four men (ex- 
clusive of their officer) ; and in another passage he 
mentions the de/«lg, or section of ten, and the ire^- 
irdg, or section of five men. The ru^ig seems to 
have been the principal element in the division of 
troops in the Athenian army, and to have corre- 
sponded to the Peloponnesian koxog. The infantry 
was commanded by ten strategi {Vid. Straiegi) 
and ten taxiarchs, and the cavalry by two hipparchs 
and ten phylarchs. These officers were chosen an- 
nually, and they appear to have appointed the sul>- 
ordinate officers of each rd^ig or koxog. 

The mountainous character of Attica and the 
Peloponnesus is the reason that cavalry was nevei 
numerous in those countries. Previously to the 
Persian invasion of Greece, the number of horse- 
soldiers belonging to the Athenians was but ninety- 
six, each of the forty-eight naucrariae {yavKpapiai), 
into which the state was divided, furnishing two 
persons; but soon afterward the body was augment- 
ed to 1200 KaTa<ppanToi, or heavy-armed horsemen, 
and there was, besides, an equal number of qkcoFjo- 
kicToi, or archers, who fought on horseback. The 
horses belonging to the former class were covered 
with bronze or other metal, and they were orna- 
mented with bells and embroidered clothing. Be- 
fore being allowed to serve, both men and horses 
were subject to an examination before the hip- 
parchs, and punishments were decreed against per- 
sons who should enter without the requisite qualifi- 



1. (Xen., De Rep. Laced., xi., 4.) — 2. (Xen., Hellen, jy , 4 
t> 10 ; iv., 5, () 12.)— 3. (Plut., Lycurg., 23.' -A. (v ,1,4* 



ARMY. 



ARMY. 



cations. It was also the d uty of the hipparchs to 
train the cavalry in time of peace. 1 

Every free citizen of the Greek states was, ac- 
cording to Xenophon and Plutarch, enrolled for 
military service from the age of 18 or 20, to 58 or 
60 years, and at Sparta, at least, the rule was com- 
mon to the kings and the private people. The 
young men, previously to joining the ranks, were 
instructed in the military duties by the raKTiKoi or 
pubUc teachers, who were maintained by the state 
for the purpose ; and no town in Greece was with- 
out its gymnasium or school. The times appointed 
for performing the exercises, as well in the gymna- 
sium as in the camp, were early in the morning, and 
in the evening before going to rest. The first em- 
ployment of the young soldiers was to guard the 
city; and in this duty they were associated with 
such veterans as, on account of their age, had been 
discharged from service in the field. At 20 years 
of age the Athenian reeruit could be sent on foreign 
expeditions ; but, among the Spartans, this was sel- 
dom done till the soldier was 30 years old. No 
man beyond the legal age could be compelled to 
serve out of his country, except in times of public 
danger ; but mention is occasionally made of such 
persons being placed in the rear of the army during 
an action, and charged with the care of the bag- 
gage. 2 While the Athenians were engaged in an 
expedition against iEgina, the Peloponnesians sent 
a detachment of troops towards Megara, in expec- 
tation of surprising the place ; but the young and 
the aged men who remained to guard Athens 
marched, under Myronides, against the enemy, and 
prevented the success of the enterprise. 3 

An attention to military duties, when the troops 
were encamped, was strictly enforced in all the 
Greek armies; but a considerable difference pre- 
vailed in those of the two principal states with re- 
spect to the recreations of the soldiers. The men 
-jf Athens were allowed to witness theatrical per- 
formances, and to have in the camp companies of 
singers and dancers. In the Lacedaemonian army, 
Dn the contrary, all these were forbidden; the con- 
stant practice of temperance, and the observance of 
a rigid discipline, being prescribed to the Spartan 
youth, in order that they might excel in war (which 
among them was considered as the proper occupa- 
tion of freemen) ; and manly exercises alone were 
permitted in the intervals of duty. Yet, while en- 
camped, the young men were encouraged to use 
perfumes, and to wear costly armour, though the 
adorning of their persons when at home would 
have subjected them to the reproach of effeminacy. 
On going into action, they crowned themselves with 
garlands, and marched with a regulated pace, a 
concert of flutes playing the hymn of Castor.* 

The military service was not always voluntarily 
embraced by the Greek people, since it was found 
necessary to decree punishments against such as 
evaded the conscriptions. These consisted in a dep- 
rivation of the privileges of citizenship, or in being 
branded in the hand. Deserters from the army 
were punished with death ; and at home, when a 
man absented himself from the ranks, he was made 
to sit three days in a public place in women's ap- 
parel. It was held to be highly disgraceful in a sol- 
dier if, after an action, he was without his buckler ; 
P-iobably because this implied that he, who ought 
to have maintained his post till the last moment, 
had made a precipitate retreat; a coward would 
throw away his buckler in order that he might run 
faster. 

In the infancy of the Greek republics, while the 
theatre of war was almost at the gates of each city, 
the soldier served at his own expense in that class 
of troops which his fortune permitted him to join. 

I. {Vid. Xenophon's treatise entitled 'Imrapxix^s.) — 2. (Thu- 
eyd., v,72.)— 3. (Thucyd., 1., 105.)— 4. (Plutarch, Lycurg.) 



Both at Athens and Sparta the 'nzirelg, or horsemen, 
consisted of persons possessing considerable estates 
and vigour of body ; each man furnished and main- 
tained his own horse, and he was, besides, bound to 
provide at least one foot-soldier as an attendant. In 
the time of Xenophon, however, the spirit of the ori- 
ginal institution had greatly declined ; not only was 
the citizen allowed to commute his personal servi- 
ces for those of a horseman hired in his stead, bnt 
the purchase and maintenance of the horoes, which 
were imposed as a tax on the wealthy, were ill exe- 
cuted ; the men, also, who were least able in body, 
and least desirous of distinguishing themselves, 
were admitted into the ranks of the cavalry. 

The distress occasioned by the long continuance 
of the Peloponnesian war having put it out of the 
power of the poorer citizens of Athens to serve the 
country at their own expense, Pericles introduced 
the practice of giving constant pay to a class of the 
soldiers out of the public revenue ; and this was 
subsequently adopted by the other states of Greece. 
The amount of the pay varied, according to circum- 
stances, from two oboli to a drachma. 1 The com- 
manders of the loxoi received double, and the 
strategi four times, the pay of a private foot-soldier. a 
A truce having been made between the Athenians 
and Argives, it was appointed that, if one party as- 
sisted another, those who sent the assistance should 
furnish their troops with provisions for thirty days ; 
and it was farther agreed, that if the succoured party 
wished to retain the troops beyond that time, they 
should pay, daily, one drachma (of iEgina) for each 
horseman^ and three oboli for a foot-soldier, whether 
heavy-armed, light-armed, or archer. 3 At Athens, 
by the laws of Solon, if a man lost a limb in war, 
one obolus was allowed him daily for the rest of his 
life at the public expense ; the parents and children 
of such as fell in action were also provided .or by 
the state. ( Vid. Adunatoi.) 

With the acquisition of wealth, the love of easa 
prevailed over that of glory ; and the principal states 
of Greece, in order to supply the places of such citi- 
zens as claimed the privilege of exemption from 
military service, were obliged to take in pay bodies 
of troops which were raised among their poorer 
neighbours. The Arcadians, like the modem Swiss, 
were most generally retained as auxiliaries in the 
armies of the other Greek states. In earlier times, 
to engage as a mercenary in the service of a foreign 
power was considered dishonourable ; and the name 
of the Carians, who are said to have been the first 
to do so, became on that account a term of reproach. 

The strength of a Grecian army consisted chiefly 
in its foot-soldiers ; and of these there were at firs't 
but two classes : the dirliTaL, who wore heavy ar- 
mour, carried large shields, and in action used 
swords and long spears ; and the ipuoi, who were 
light-armed, having frequently only helmets and 
small bucklers, with neither cuirasses nor greaves, 
and who were employed chiefly as skirmishers in 
discharging arrows, darts, or stones. An interme- 
diate class of troops, called ireATaarat, or targeteers, 
was formed at Athens by Iphicrates, after the Pelo- 
ponnesian war :* they were armed nearly in the 
same manner as the' oirlirat, but their cuirasses 
were of linen instead of bronze or iron; their spears 
were short, and they carried small round bucklers 
(TreXrai). These troops, uniting in some measure 
the stability of the phalanx with the agility of the 
light-armed men, were found to be highly efficient; 
and from the time of their adoption, they were ex- 
tensively employed in the Greek armies. A band 
of club-men is mentioned by Xenophon among the 
Theban troops at the battle of Leuctra. 

Scarlet or crimson appears to have been the 
general colour of the Greek uniform, at least in the 



I. (Thucyd., iii., 17.)— 2. (Xen., Anah., vii.,fi. tf l.)--3 (Tho 
cyd., v., 47.")— 4. (Xen., Hellen., iv., 4, t> 16-18.) 



ARMY. 



&R]\IY. 



days of Xenophon ; for he observes 1 that the army 
of Agesilaus appeared all bronze and scarlet (anav- 
• a ptv xahnbv, a,7ravra 6e (poivma (paiveodai). 

The oldest existing works which treat expressly 
ef the constitution and tactics of the Grecian armies 
are the treatises of iElian and Arrian, which were 
written in the time of Hadrian, when the art of war 
had changed its character, and when many details 
relating to the ancient military organizations were 
ibrgotten. Yet the systems of these tacticians, speak- 
ing generally, appear to belong to the age of Philip 
or Alexander ; and, consequently, they may be con- 
sidered as having succeeded those which have been 
indicated above. 

iElian makes the lowest subdivision of the army 
to consist of a /lo^oc, deads, or evu/iorla, which he 
says were then supposed to have been respectively 
files of 16, 12, or 8 men; and he recommends the 
latter. The numbers in the superior divisions pro- 
ceeded in a geometrical progression by doubles, 
and the principal bodies were formed and denomi- 
nated as follow : Four loxot constituted a rerpap- 
\la (=64 men), and two of these a tol^lc (=128 
men). The latter doubled, was called a crvvrayfia 
or Zevayia (=256 men), to which division it appears 
that five supernumeraries were attached ; these 
were the crier, the ensign, the trumpeter, a servant, 
and an officer, called ovpayog, who brought up the 
rear. Four of the last-mentioned divisions formed 
a x<^ La Px' ia (=1024 men), which, doubled, became 
a relog, and quadrupled, formed the body which 
was denominated a tyuXayl-. This corps would 
therefore appear to have consisted of 4096 men; 
but, in fact, divisions of very different strengths 
were at different times designated by that name. 
Xenophon, in the Cyropaedia, applies the term pha- 
langes to the three great divisions of the army of 
Croesus, and in the Anabasis to the bodies of Greek 
troops in the battle of Cunaxa, as well as upon 
many other occasions. It is evident, therefore, that 
before the time of Philip of Macedon, phalanx 
was a general expression for any large body of 
troops in the Grecian armies. That prince, how- 
ever, united under this name 6000 of his most effi- 
cient heavy-armed men, whom he called his com- 
panions ; he subjected them to judicious regulations, 
and improved their arms and discipline ; and from 
that time the name of his country was constantly 
applied to bodies of troops which were similarly 
organized. 

The numerical strength of the phalanx was prob- 
ably the greatest in the days of Philip and Alexan- 
der ; and, if the tactics of iElian may be considered 
applicable to the age of those monarchs, it would 
appear that the corps, when complete, consisted of 
about 16,000 heavy-armed men. It was divided 
into four parts, each consisting of 4000 men, who 
were drawn up in files generally 16 men deep. The 
whole front, properly speaking, consisted of two 
grand divisions ; but each of these was divided into 
two sections, and the two middle sections of the 
whole constituted the centre, or bfubakog. The 
others were designated ntpara, or wings ; and in 
these the best troops seem to have been placed. 
The evolutions were performed upon the enomoty, 
or single file, whether it were required to extend or 
to deepen the line ; and there was an interval be- 
tween every two sections for the convenience of 
manoeuvring. 3 

The smallest division of the ipiloi, or light troops, 
according to the treatise of iElian, was the koxoc, 
which in this class consisted of eight men only ; 
and four of these are said to have formed a cva-a- 
ctq. The sections afterward increased by doubling 
the numbers in the preceding divisions up to the 
knirayfia, which consisted of 8192 men ; and this 



1. (Agesil., ii., 7.)- 
100 



-2. (Polyb., ii., ex. 3.1 



was the whole number of the tpikoc who were at- 
tached to a phalanx of heavy-armed troops. 

The Greek cavalry, according to iElian, wna 
divided into bodies, of which the smallest wa* 
called lln: it is said to have consisted of 64 men, 
though the term was used in earlier times for a 
party of horse of any number. 1 A troop called 
emXapx'ia contained two Ikcu: and a division sub- 
sequently called rapavTLvapxia (from Tarenium in 
Italy) was double the former. Each of the suc- 
ceeding divisions was double that which preceded 
it ; and one, consisting of 2048 men, was called re- 
los : finally, the enLrayfia was equal to two t£Xt), 
and contained 4096 men. The troops of the division 
or class, called by iElian Tarentines, are supposed 
to have been similar to those which also bore the 
names of difx&xai and vitao-marai, and which cor- 
responded to the present dragoons, since they en- 
gaged either on horseback or on foot, being attended 
by persons who took care of the horses when the 
riders fought dismounted. Their armour was heav- 
ier than that of the common horsemen, but lighter 
than that of the bitklrai ; and their first establish- 
ment is ascribed to Alexander. It does not appear 
that war-chariots were used in Greece after the 
heroic ages ; indeed, the mountainous nature of the 
country must have been unfavourable for their evo- 
lutions. In the East, however, the armies frequently 
coming to action in vast plains, not only did the 
use of chariots commence at a very early epoch, 
but they continued to be employed till the conquest 
of Syria and Egypt by the Romans. Numerous 
chariots formed the front of the Persian line when 
Alexander overthrew the empire of Darius. Di- 
visions of chariots were placed at intervals before 
the army of Molon, when he was defeated by An- 
tiochus the Great; 3 and Justin relates 3 that theie 
were 600 in the army which Mithradates (Eupator) 
drew up against that of Ariarathes. In the engage- 
ments with Darius and Poras, the troops of Alex- 
ander were opposed to elephants ; and subsequently 
to the reign of that prince, those animals were 
generally employed in the Greek armies in Asia. 
They were arranged in line in front of the troops, 
and carried on their backs wooden turrets, in which 
were placed from 10 to 30 men, for the purpose oi 
annoying the enemy with darts and arrows. They 
were also trained to act against each other : rushing 
together, they intertwined their trunks, and the 
stronger, forcing his opponent to turn his flank, 
pierced him with his tusks ; the men, in the mean 
time, fighting with their spears.* Thus, at the bat- 
tle of Raphea, between Antiochus and Ptolemy, 
one wing of the Egyptian army was defeated in 
consequence of the African elephants being inferior 
in strength to those of India. Elephants were also 
employed in the wars of the Greeks, Romans, and 
Carthaginians with each other. 

The four chief officers of a phalanx were dis- 
posed in the following manner: The first with 
respect to merit was placed at the extremity of the 
right wing ; the second, at the extremity of the left ; 
the third was placed on the right of the left wing ; 
and the fourth on the left of the right wing ; and a 
like order was observed in placing the officers of 
the several subdivisions of the phalanx. The reason 
given by iElian for this fanciful arrangement is, 
that thus the whole front of the line will be equally 
well commanded; since, as he observes, in every 
(arithmetical) progression, the sum of the extreme 
terms is equal to that of the mean terms : whatever 
may be the value of this reason, it must have beer 
a difficult task to determine the relative merit of 
the officers with the precision necessary for assign- 
ing them their proper places in the series. Expe- 
rienced soldiers were also placed in the rear of th 



1. (Xen., Anab., i.., 2, $ lft V--2. (Polyb., v.. 5.)— 3 (xxtriii 
l.)~4. (Polyb. •., 5.) 



ARMY. 



ARMY. 



phalanx ; and Xenophon, in the Cyropaedia, com- 
pares a body of troops thus officered to a house 
having a good foundation and roof. 

Each soldier in the phalanx was allowed, when 
in open order, a space equal to four cubits (5£ or 6 
leet) each way ; when a charge was to be made, the 
space was reduced to two cubits each way, and this 
order was called ttvkvoglc. On some occasions 
only one cubit was allowed, and then the order was 
allied cvvaoTVMTfioc, because the bucklers touched 
each other. 

In making or receiving an attack, when each 
man occupied about three feet in depth, and the 
Macedonian spear, or crdpioaa, which was 18 or 20 
feet long, was held in a horizontal position, the 
point of that which was in the hands of a front- 
rank man might project about 14 feet from the line; 
the point of that which was in the hands of a sec- 
ond-rank man might project about 11 feet, and so 
on. Therefore, of the sixteen ranks, which was 
the ordinary depth of the phalanx, those in rear of 
Lie fifth could not evidently contribute by their 
pikes to the annoyance of the enemy : they conse- 
quently kept their pikes in an inclined position, 
resting on the shoulders of the men in their front ; 
and thus they were enabled to arrest the enemy's 
missiles, which, after flying over the front ranks, 
might otherwise fall on those in the rear. The 
ranks beyond the fifth pressing with all their force 
against the men who were in their front, while they 
prevented them from foiling back, increased the 
effect of the charge, or the resistance opposed to 
that of the enemy -, 1 and from a disposition similar 
to that which is here supposed in the Spartan troops 
at the battle of Plataea, the Persian infantry, ill 
armed, and unskilled in close action, are said to 
have perished in vast numbers in the vain attempt 
to penetrate the dense masses of the Greeks. 

In action, it was one duty of the officers to pre- 
rcnt the whole body of the men from inclining to- 
wards the right hand ; to this there was always a 
great tendency, because every soldier endeavoured 
to press that way, in order that he might be covered 
as much as possible by the shield of his companion; 
and thus danger was incurred of having the army 
outflanked towards its left by that of the enemy. 
A derangement of this nature occurred to the army 
of Agis at the battle of Mantinea. 2 Previously to 
an action, some particular word or sentence, ovvd?]- 
fxa, was given out by the commanders to the 
soldiers, who were enabled, on demanding it, to 
distinguish each other from the enemy. 8 

The Greek tactics appear to have been simple, 
and the evolutions of tne troops such as could be 
easily executed : the general figure of the phalanx 
was an oblong rectangle, and this could, when re- 
quired, be thrown into the form of a solid or hollow 
square, a rhombus or lozenge, a triangle, or a por- 
tion of a circle. On a march it was capable of 
contracting its front, according to the breadth of the 
road or pass, along which it was to move. If the 
phalanx was drawn up so that its front exceeded 
its depth, it had the name of nMvdiov; on the 
other hand, when it advanced in column, or on a 
front narrower than its depth, it was called Ttvpyog. 
Usually, the opposing armies were drawn up in two 
parallel lines; but there was also an oblique order 
of battle, one wing being advanced near the enemy, 
and the other being kept retired; and this dispo- 
sition was used when it was desired to induce an 
enemy to break his line. It is supposed to have 
been frequently adopted by the Thebans; and, at 
the battle of Delium, the Boeotians thus defeated 
the Athenians.* At the Granicus, also, Alexander, 
following, it is said, 5 the practice of Epaminondas, 

I. (Polyb., xvii., ex. 3.)— 2. (Thucyd., v., 71, 72.)— 3. (Xen., 
Anab., i., 8, $ 16.— Cyrop.. i., 7, $ 10.)— 4. (Thucyd., iv„ 96.)— 
6. (Arr an, Exp. Al., i., 15.) 



did not attack at once the whole army of the enemy, 
but threw himself ^ith condensed forces against the 
centre only of the Persian line. 

Occasionally, the phalanx was formed in two 
divisions, each facing outward, for the purpose of 
engaging the enemy at once in front and rear, or on 
both flanks ; these orders were called respectively 
aficpiaTOjioQ and avrtarofiog. When the phalanx was 
in danger of being surrounded, it could be formed 
in four divisions, which faced in opposite directions. 
At the battle of Arbela, the two divisions of Alex, 
ander's army formed a phalanx with two fronts ; 
and here the attack was directed against the right 
wing only of the Persians. 

The manoeuvres necessary for changing the front 
of the phalanx were generally performed by counter- 
marching the files, because it was of importance 
that the officers or file leaders should be in the 
front. When a phalanx was to be formed in twe 
parallel lines, the leaders commonly placed them- 
selves on the exterior front of each line, with tht 
ovpayoi, or rear-rank men, who were almost alwayi- 
veteran soldiers, in the interior ; the contrary dispo- 
sition was, however, sometimes adopted. 

The phalanx was made to take the form of a 
lozenge, or wedge, when it was intended to pierce 
the line of an enemy. At the battle of Leuctra, 
the Lacedaemonians, attempting to extend their line 
to the right in order to outflank the Thebans, 
Epaminondas, or, rather, Pelopidas, attacked them 
while they were disordered by that movement. On 
this occasion, the Boeotian troops were drawn up in 
the form of a hollow wedge, which was made by 
two divisions of a double phalanx being joined to- 
gether at one end. 1 

It may be said that, from the disposition of the 
troops in the Greek armies, the success of an action 
depended in general on a single effort, since there 
was no second line of troops to support the first in 
the event of any disaster. The dense order of the 
phalanx was only proper for a combat on a perfectly 
level plain ; and even then the victory depended 
rather on the prowess of the soldier than on the 
skill of the commander, who was commonly dis- 
tinguished from the men only by fighting at' their 
head. But, when the field of battle was commanded 
by heights, and intersected by streams or defiles, 
the unwieldy mass became incapable of acting, 
while it was overwhelmed by the enemy's missiles: 
such was the state of the Lacedaemonian troops 
when besieged in the island of Sphacteria. 2 The 
cavalry attached to a phalanx, or line of battle, 
was placed on its wings, and the light troops were 
in the rear, or in the intervals between the divisions. 
An-engagement sometimes consisted merely in the 
charges which the opposing cavalry made on each 
other, as in the battle between the Lacedaemonians 
and Olynthians. 3 

The simple battering-ram for demolishing the 
walls of fortresses is supposed to have been an in- 
vention of the earliest times : we learn from Thucyd- 
ides 4 that it was employed by the Peloponnesians 
at the siege of Plataea; and, according to Vitruvius,* 
the ram, covered with a roof of hides or wood for 
the protection of the men, was invented by Cetras 
of Chalcedon, who lived before the age of Philip 
and Alexander. {Vid. Aries.) But we have little 
knowledge of what may be called the field-artillerr 
of the Greeks at any period of their history. Di- 
odorus Siculus mentions 6 that the Karan^rijc, or 
machine for throwing arrows, was invented or im- 
proved at Syracuse in the time of Dionysius; but 
whether it was then used in the attack of towns, or 
against troops in the field, does not appear ; and it 
is not till about a century after the death of Alex- 
ander that we have any distinct intimation of such 

1. (Xen., Hellen.,vii., 5.)— 2. (Thucyd-, iv., 32.)— 3. (Xen. 
Hell., v., 2.)-4. (ii.. 76.)— 5. (x.. 19.)— 6 (k:v., 42.) 

101 



ARMY. 



ARMY. 



machines being in the train of a Grecian army. 
According to Polybius, 1 there were with the troops 
of Machanidas many carriages filled with catapultae 
and weapons ; those carriages appear to have come 
up in rear of the Spartan army ; but, before the ac- 
tion commenced, they were disposed at intervals 
along the front of the line, in order, as Philopcemen 
is said to have perceived, to put the Achaean pha- 
lanx in disorder by discharges of stones and darts. 
Against such missiles, as well as those which came 
from the ordinary slings and bows, the troops, when 
not actually making a charge, covered themselves 
with their bucklers ; the men in the first rank 
placing theirs vertically in front, and those behind, 
in stooping or kneeling postures, holding them over 
their heads so as to form what was called a xeTiovt) 
(tortoise), inclining down towards the rear. 

ARMY (ROMAN). The organization of the Ro- 
man army in early times was based upon the con- 
stitution of Servius Tullius, which is explained 
under the article Comitia Centuriata ; in which an 
account is given of the Roman army in the time of 
the kings and in the early ages of the Republic. 
It is only necessary to observe here, that it appears 
plainly, from a variety of circumstances, that the 
tactics of the Roman infantry in early times were 
not those of the legion at a later period, and that 
the phalanx, which was the battle-array of the 
Greeks, was also the form in which the Roman 
armies were originally drawn up. (Clipeis antea 
Romani usi sunt ; deinde, postquam stipendiarii facti 
sunt, scuta pro clipeis fecere ; et quod antea phalanges 
similes Macedonicis, hoc postea manipulatim structa 
acies ccepit esse.*) In Livy's description 3 of the 
battle which was fought near Vesuvius, we have 
an account of the constitution of the Roman army 
in the year B.C. 337 ; but, as this description can- 
not be understood without explaining the ancient 
formation of the army, we shall proceed at once to 
lescribe the constitution of the army in later times. 

in the time of Polybius, which was that of Fabius 
and Scipio, every legion was commanded by six 
military tribunes ; and, in the event of four new 
legions being intended to be raised, 14 of the trib- 
unes were chosen from among those citizens who 
had carried arms in five campaigns, and 10 from 
those who had served twice as long. The consuls, 
after they entered upon their office, appointed a day 
on which all those who were of the military age 
were required to attend. When the day for enroll- 
ing the troops arrived, the people assembled at the 
Capitol ;* and the consuls, with the assistance of 
the military tribunes, proceeded to hold the levy, 
unless prevented by the tribunes of the plebes. 5 
The military tribunes, having been divided into four 
bodies (which division corresponded to the general 
distribution of the army into four legions), drew 
out the tribes by lot, one by one ; then, calling up 
that tribe upon which the lot first fell, they chose 
(legcrunt, whence the name legio) four young men 
nearly equal in age and stature. From these the 
tribunes of the first legion chose one ; those of the 
second chose a second, and so on : after this four 
other men were selected, and now the tribunes of 
the second legion made the first choice ; then those 
of the other legions in order, and, last of all, the 
tribunes of the first legion made their choice. In 
like manner, from the next four men, the tribunes, 
beginning with those of the third legion and ending 
with those of the second, made their choice. Ob- 
serving the same method of rotation to the end, it 
followed that all the legions were nearly alike with 
respect to the ages and stature of the men. Po- 

I.. (xi., ex. 3.) — 2. (Liv , viiL, 8. — Compare Niebuhr, Rom. 

Hist., vol. i., p. 4fi8.1— 3. (viii., 8.)-4. (Liv., xxvi.. 35.)— 5, 
(L'iv., iv , 1.) 

102 



lybius observes 1 that, anciently, the cavahy troopa 
were chosen after the infantry, and that 200 horse 
were allowed to e\ ery 4000 foot ; but he adds that 
it was then the custom to select the cavalry first, 
and to assign 300 of these to each legion. Every 
citizen was obliged to serve in the army, when 
required, between the ages of 17 and 46 years. 
Each foot-soldier was obliged to serve during 
twenty campaigns, and each horseman during ten. 
And, except when a legal cause of exemption (va 
calio) existed, the service was compulsory : persona 
who refused to enlist could be punished by fine oi 
imprisonment, and in some cases they might be 
sold as slaves. 2 The grounds of exemption were 
age,* infirmity, and having served the appointed 
time. The magistrates and priests were also ex- 
empted, in general, from serving in the wars ; and 
the same privilege was sometimes granted by the 
senate or the people to individuals who had render- 
ed services to the state.* In sudden emergencies, 
or when any particular danger was apprehended, as 
in the case of a war in Italy or against the Gauls, 
both of which were called tumultus, 5 no exemption 
could be pleaded, but all were obliged to be enrolled. 
(Senatus decrevit, ut delectus haberelur, vacationes nc 
valerent. 6 ) Persons who were rated by the censors 
below the value of 400 drachmae, according to 
Polybius, were allowed to serve only in the navy ; 
and these men formed what was called the legio 
classica. 

In the first ages of the Republic, each consul had 
usually the command of two Roman legions and 
two legions of allies ; and the latter were raised in 
the states of Italy nearly in the same manner as 
the others were raised in Rome. The infantry of 
an allied legion was usually equal in number to that 
of a Roman legion, but the cavalry attached to the 
former was twice as numerous as that which be- 
longed to the latter. 7 The regulation of the twe 
allied legions was superintended by twelve officen. 
called prefects (prefecti), who were selected fey 
this purpose by the consuls. 8 In the line of battle 
the two Roman legions formed the centre, an/ 
those of the allies were placed, one on the right, axi* 
the other on the left flank ; the cavalry was post^> 
at the two extremities of the line ; that of '*no al- 
lies in each wing, being on the outward flank of the: 
legionary horsemen, on which account they had the 
name of Alarii. ( Vid. Alarii.) A body of the best 
soldiers, both infantry and cavalry, consisting either 
of volunteers or of veterans selected from the al- 
lies, guarded the consul in the camp, or served 
about his person in the field : and these were called 
extraordinarii. (Vid. Exirao.keinarii.) 

The number of men in a Roman legion varied 
much at different times. When Camillus raised 
ten legions for the war against the Gauls, each con- 
sisted of 4200 foot-soidiers and 300 horse-soldiers;' 
but, previously to lie battle of Cannae, the senate 
decreed that th<c; army should consist of eight 
legions, and that the strength of each should be 
5000 foot-soldic-rs. 10 According to Livy, 11 the le- 
gions, which went to Africa with Scipio consisted 
each of G200 foot-soldiers and 300 horse (though 
the best commentators suppose that 5200 foot sol- 
diers are meant) ; and during the second war in 
Macedonia, the consul .-Emilius Paulus had two 
legions of 6000 foot each, besides the auxiliaries, 
for service in that country. 12 The strength of the 



1. (vi., ex.2.) — 2. (Liv., iv., 53 ; vii.,4. — Cic, pro Caecin.. 34.) — 
3. (Liv.,xlii.,33.)— 4. (Liv., xxxix., 19.— Cic, Phil., v., lL— De 
Nat. Deor., ii., 2.)— 5. (Cic, Phil., viii., 1.)— 6. (Cic, ad Att., 
i., 19. — Phil., viii., 1. — Liv., vii., 11; viii., 20.) — 7. (Liv., viii., 
8 ; xxii.. 36.)— 8. (Polyb., vi., ex. 2.— Ctcs., Bell Gall., i., 39 ; 
iii., 7.)— 9. (Liv., vii., 25.)— 10. (Polvb., iii., 12.)— 11. (xxix, 
24.)— 12. (Liv., xliv.,21.) 



ARMY 



ARMY. 



legionary cavalry seems to have been always nearly 
the same. 

The number of legions in the service of Rome 
went on increasing with the extent of its territory ; 
and, after the Punic wars, when the state had ac- 
quired wealth by iia conquests in the East, the 
military force became very considerable. Notwith- 
standing the lost ps sustained at the battle of Can- 
nae, we find that, immediately afterward, the Romans 
raised in the city four legions of infantry, with 1000 
horsemen, besides arming 8000 slaves ; the cities 
of Latium sent an equal force ; and, supposing 
10,000 men to have escaped from Cannae, the whole- 
would amount to above 50,000 men. In the second 
year after the battle, the Republic had on foot 18 
legions ; l and in the fourth year, 23 legions. 2 In 
the interview of Octavius with Antony and Lepi- 
dus, it was agreed that the two former should pros- 
ecute the war against Brutus and Cassius, each at 
the head of 20 legions, and that the other should 
be left with three legions to guard the city. At 
Philippi, Antony and Octavius had, in all, 19 legions, 
which are said to have been complete in number, 
and increased by supernumerary troops ; and, there- 
fore, their force must have amounted to at least 
100,000 infantry. On the other hand, Brutus and 
Cassius had also an army of 19 legions to oppose 
them, with 20,000 cavalry from the eastern prov- 
inces According to Appian, Octavius, after the 
death of Lepidus, found himself master of all the 
western provinces, and at the head of 45 legions, 
together with 25,000 horse and 37,000 light-armed 
troops ; and there were, moreover, the legions serv- 
ing under Antony. Under Tiberius there were 25 
legions even in time of peace, besides the troops in 
Italy and the forces of the allies. 3 

Besides being designated by numbers, the legions 
bore particular names. In a letter from Galba to 
Cicero,* mention is made of the Martia legio as 
being one of the veteran bodies engaged in an 
action between Antony and Pansa in the north of 
Italy. 6 And while Caesar was carrying on the war 
in Gaul, he gave the freedom of the city to a num- 
ber of the natives of that country, whom he disci- 
plined in the Roman manner, and imbodied in a 
legion which he designated alauda ; because the 
men wore on their helmets a crest of feathers, like 
those on the heads of certain birds. 6 The legions 
were also distinguished by the name of the place 
where they were raised or -where they had served, 
as Italica, Britannica, Parthica, or by that of the 
emperor who raised them. 

Tacitus, in the Annals and elsewhere, makes 
mention of bodies of troops called vexillarii; and, 
as no precise account is given of them, the place 
which they held in the Roman armies can only be 
known by conjecture. It appears, however, most 
probable, asWalch has observed in a note upon the 
Agricola of Tacitus, 7 that the vexillarii were those 
veterans who, after the time of Augustus, were re- 
leased from their military oath, but were retained, 
till their complete discharge, under a flag (vexillum) 
by themselves, free from all military duties, to ren- 
der their assistance in the more severe battles, 
guard the frontiers of the empire, and keep in sub- 
jection provinces that had been recently conquered. 
{Exauctorari, qui scn.ad.tna fecisscnt, ac relineri sub 
texillo, cetcrorum immunes, nisi propulsandi hoslis. 6 ) 
There were a certain number of vexillarii attached 
to each legion ; and, from a passage in Tacitus, 9 it 
would appear that they amounted to 500. They 
were sometimes detached from the legion, and 



Kiuiu appear mat uioy amouniea to ouu. iney 
i r ere sometimes detached from the legion, and 

1. (Liv., xxiv., 11.)— 2. (Liv., xxv., 3.)— 3. (Tac, Ann., iv., 
.)— 4. (ad Div., x., 30.)— 5. (Vid. Cic, Phil., iii., 3.)— 6. 
Plin., II N., xi., 44.)— 7. (c 18.)— 8. (Tac, Ann., i., 36.— Corn- 
are i . 17, 26, 38. 39.)— 9. (Ann , iii., 21.) 



sometimes those belonging to several legions seem 
to have been united in one body {trcdecim vexillari- 
orum milia 1 ). (The subsignani milites in Tacitus 
may be looked upon as the same with the vexillarii. 1 
In Livy the triarii are said to be sub signis,* where 
we perceive a close analogy between the old iriarix 
and the vexillarii or subsignani of the age of Taci- 
tus, although we must not suppose that the vexil- 
larii were the same as the triarii.) 

After the selection of the men .who were to com- 
pose the legion, the military oath was administered: 
on this occasion, one person was appointed to pro- 
nounce the words of the oath, and the rest of the 
legionaries, advancing one by one, swore to per- 
form what the first had pronounced. The form of 
the oath differed at different times : during the Re- 
public, it contained an engagement to be faithful to 
the Roman senate and people, and to execute all 
the orders that should be given by the commanders. 4 
Under the emperors, fidelity to the sovereign was 
introduced into the oath ; 5 and, after the establish- 
ment of Christianity, the engagement was made in 
the name of the Trinity and the majesty of the 
emperor. 6 Livy says 7 that this military oath was 
first legally exacted in the time of the second Punic 
war, B.C. 216, and that, previously to that time, each 
decuria of cavalry and centuria of foot had only 
been accustomed to swear, voluntarily among them- 
selves, that they would act like good soldiers. 

The whole infantry of the legion was drawn up 
in three lines, each consisting of a separate class ol 
troops. In the first were the hastati, so called from 
the hasta, or long spear which each man espied, 
but which was afterward disused : 8 these weie the 
youngest of the soldiers. The second line was 
formed of the troops called principes ; these were 
men of mature age, and from their name it would 
appear that anciently they were placed in the front 
line. 9 In the third line w T ere the triarii, so called 
from their position ; and these were veteran sol- 
diers, each of whom carried two pdae, or strong 
javelins, whence they were sometimes called piia- 
ni, and the hastati and principes, who stood before 
them, antepilani. 

When vacancies occurred on service, the men 
who had long been in the ranks of the first, or infe- 
rior of these three classes, were advanced to those 
of the second ; whence again, after a time, they 
were received among the triarii, or veteran troops. 
In a legion consisting of 4000 men, the number of 
the hastati was 1200 ; that of the principes was the 
same ; but the triarii amounted to 600 only : if the 
strength of the legion exceeded 4000 men, that of 
the several bodies was increased proportionally, the 
number of the last class alone remaining the same. 

The usual depth of each of the three bodies, or 
lines of troops in a legion, was ten men ; an inter- 
val, equal to the extent of the manipulus, was left 
between every two of these divisions in the first 
and second lines, and rather greater intervals be- 
tween those in the third line. Every infantry sol- 
dier of the legion was allowed, besides the ground 
on which he stood, a space equal to three feet, both 
in length of front and in the depth of the files, be- 
tween himself and the next man, in order that he 
might have room for shifting the position of his 
buckler according to the action of his opponent, foi 
throwing his javelin, or for using his sword with 
advantage. 10 The divisions of the second line were 
in general placed opposite the intervals of the first, 
and, in like manner, the divisions of the third were 
opposite the intervals in the second. At the battle 

1. (Tac, Hist., ii., 83.)— 2. (Hist., i., 70 ; iv., 33.)— 3. (Liv., 
viii., 8.) — 4. (Polvb., vi., ex. 2.)— 5. (Tac, Hist., iv., 31.)— 6. 
(Ve~et., De Re Milit., ii., 5.)— 7. (xxii., 38.)— 8. (Varro, De 
L:nrr. Lat., iv., 16 )— 9. (Liv., viii., S ;— 10. (Polyb., xrii., ex 3.J 

103 



ARMY 



ARMY. 



)i Zaraa, however, the divisions oi troops in the 
several lines were exactly opposite each other ; but 
.his was a deviation from the usual disposition, in 
order that the elephants of the Carthaginians might 
pass quite through to the rear. In an action, if the 
hastati were overpowered, they retired slowly to- 
wards the principes ; and, falling into the intervals 
before mentioned, the two classes in conjunction 
continued the combat. In the mean time, the tria- 
rii, keeping one knee on the ground, covered them- 
selves with their bucklers from the darts of the en- 
emy ; and, in the event of the first and second lines 
falling back, they united with them in making a 
powerful effort to obtain the victory. 

The light-armed troops, bearing the name of ve- 
lites and fercntarii or rorarii, did not form a part 
of the legion, but fought in scattered parties, wher- 
ever they were required. They carried a strong 
circular buckler three feet in diameter; the staff of 
iheir javelin was two cubits long, and about the 
thickness of a finger ; and the iron was formed with 
a fine point, in order that it might be bent on the 
fi.it discharge, and, consequently, rendered useless 
to the enemy. 

The cavalry of the legion was divided into ten 
turma, each containing 30 men, and each turrna into 
three decuria, or bodies of 10 men. Each horse- 
man was allowed a space equal to five feet in length 
in the direction of the line. Each turma had three 
decuriones, or commanders of ten ; but he who was 
first elected commanded the turma, and was prob- 
ably called dux turma. 1 

In the time of the Republic, the six tribunes who 
were placed over a legion commanded by turns. 
tVid. Tribuni Militum.) To every 100 men were 
appointed two centurions, the first of whom was 
properly so called ; and the other, called optio, ura- 
gus, or subcenturio, acted as a lieutenant, being cho- 
sen for the purpose of doing the duty in the event 
of the sickness or absence of the former.* The 
optio appears to have been originally chosen by the 
tribune, but afterward by the centurion. (Vid. 
Centurio.) The centurio also chose the standard- 
bearer, or ensign of his century (signifcr or vcxilla- 
rius 3 ). Each century was also divided into bodies 
often, each of which was commanded by a decurio 
or decanus. The first centurion of the triarii was 
called primipilus ; he had charge of the eagle, and 
he commanded the whole legion under the tribunes.* 
The light-armed troops were also formed into bands 
or centuries, each of which was commanded by a 
crrturion. 

To Marius or Caesar is ascribed the practice of 
drawing up the Roman army in lines by cohorts, 
which gradually led to the abandonment of the an- 
cient division of the legion into manipuli ( Vid. Ma- 
nipuli), and of the distinctions of hastati, principes, 
and triarii. Each legion was then divided into ten 
cohorts, each cohort into three maniples, and each 
maniple into two centuries, so that there were thir- 
ty maniples and sixty centuries in a legion. 5 (Co- 
hors or chars, the Greek x ( >P T0C i originally signified 
an enclosure 16 sheep or poultry, and was after- 
ward used to d« Agnate the number of men which 
could stand wit' jn such an enclosure.) From a 
passage in Livy, A appears that very anciently the 
allies or auxiliaries of Rome were arranged by co- 
horts : a disposition which is again referred to in 
the 23d and 28th books of his history, 7 and in other 
places, whence it may be concluded that among 



1. (Sail., Jug., 38.)— 2. (Festus, s. v.—Veget., De Re Milit., 
ri., 7.)— 3. (Liv., viii., 8; xxxv., 5.— Tacit., Ann., ii., 81.)— 4. 
fLiv., xxv., 19.— Veg\, ii.,8.— Cu;s., Hell. Gall., ii., 25.)— 5. (" In 
iegione sunt centuriae sexaginta. manipuli trigiiita, cohortes de- 
cern:" Cincius, ap. Aul. Geil.. xv. 4.) — 6. (h., 64). — 7. (xxiii , 
14 ; xx viii., 45.) 
104 



those troops it was ordinarily adopted. But, in the 
Commentaries of Caesar, the divisions of all the le- 
gions, whether Roman or allied, are alike designa 
ted cohorts, and the term is also applied to the body 
of men (pratoria cohors) which was particularly ap- 
pointed to attend on the consul or commander ; for 
Caesar 1 tells his army, which had objected to march 
against Ariovistus, that if the other troops should 
refuse to follow him, he would advance with the 
tenth legion alone, and would make that legion his 
praetorian cohort. 

It has been supposed that Marius, who, in order 
to recruit the forces of the Republic, was compelled 
to admit men of all classes indiscriminately into the 
ranks of the legions, diminished to two the three 
lines of troops in which the Roman armies had been 
previously drawn up for action ; but, if such were 
the fact, the regulation could not have long remain- 
ed in force, since Caesar usually, as in the battle 
with the Helvetians, 2 formed his army in three lines ; 
and at Pharsalia he appears to have had a reserve, 
which constituted a fourth, or additional line. It 
may be added, that the name of one, at least, of the 
three classes of legionary troops continued to be 
applied till near the end of the Republic ; for, in the 
first book of the Civil War, 3 Caesar, mentioning the 
loss of Q. Fulginus in an action against Afranius, 
designates him the first centurion of the hastati in 
the 14th legion. 

The allied troops were raised and officered nearly 
in the same manner as those of the Roman legions, 
but probably there was not among them a division 
of the heavy-armed infantry into three classes. 
They were commanded by prefects (see page 102), 
who received their orders from the Roman consuls 
or tribunes. The troops sent by foreign states £01 
the service of Rome were designated auxiliaries ; 
and they usually, but not invariably, received their 
pay and clothing from the Republic. 

According to Livy, the Roman soldiers at first 
received no pay (stipendium) from the state. It was 
first granted to the foot A.U.C. 347, in the war with 
the Volsci,* and, three years afterward, to the 
horse, during the siege of Veii. Niebuhr, however, 
brings forward sufficient reasons for believing that 
the troops received pay at a much earlier period, 
and that the aerarians (vid. ^Erarii) had always 
been obliged to give pensions to the infantry, as 
single women and minors did to the knights ; and 
he supposes that the change alluded to by Livy con 
sisted in this, that every soldier now became enti- 
tled to pay, whereas previously the number of pen- 
sions had been limited by that of the persons liable 
to be charged w r ith them. 5 Polybius 6 states the 
daily pay of a legionary soldier to have been two 
oboli, which were equal to 3^ ases, and in thir- 
ty days would amount to 100 ases. A knight's 
yearly pay amounted to 2000 ases ; and, since the 
Roman year originally consisted of only ten months, 
his monthly pay amounted to 200 ases, which was 
double the pay of a foot-soldier. Polybius 7 informs 
us that a knight's pay was three times as much as 
that of a foot-soldier ; but this was not introduced 
till A.U.C. 354, and was designed, as Niebuhr has 
remarked, as a compensation for those who served 
with their own horses, which were originally sup- 
plied by the state. 8 (Compare Ms Hordearicjm.; 
A centurion received double the pay of a legionary 

The pay of the soldiers was doubled by Julius 
Caesar. 9 In the time of Augustus, the pay of a le- 
gionary was 10 ases a day, 10 which was increased 
still more by Domitian (addidit quartum stipendium 

1. (Bell. Gall., i., 40.)— 2. (Ibid., i., 24.)— 3. (c.46.)— 4. .Liv., 
iv., 59. — 5. (Rom. Hist., vol. ii., p. 438, transl ) — 6. (vi., ex. 2 
s. 3.)— 7. (vi.,ex. 2.)— 8 (Liv v.. 12.)— 9. (Suet., Jul., 26.)— 10 
(Tac, Ann., i., 17.) 



ARMY 



ARMY 



militi 1 ). Besides pay, the soldiers received a month- 
ly allowance of corn, and the centurions double, and 
the horse triple, that of a legionary. 3 

The infantry of the allies was supplied with corn 
equal in quantity to that of the Roman legionaries, 
but their cavalry had less than was distributed to 
the Roman cavalry. These regulations subsisted 
only during the time of the Republic, or before the 
trcops of the Italian cities were incorporated with 
those of Rome ; and to the same age must be re- 
ferred the orders of march and encampment de- 
scribed by Polybius. An account of the marching 
order of a Roman army is given under the article 
Agmen. 

No one order of battle appears to have been ex- 
clusively adhered to by the Romans during the time 
of the Republic, though, in general, their armies 
were drawn up in three extended lines of heavy- 
armed troops (triplex acies); the cavalry being on 
the wings, and the light troops either in front or 
rear, according to circumstances. At the battle of 
Cannae, however, the infantry is said to have been 
drawn up in one line, and in close order. On this 
occasion, the Gauls and Spaniards, who were in 
the centre of the Carthaginian army, at first drove 
back the Romans ; and the latter, drawing troops 
from their wings to strengthen their centre, formed 
there a sort of phalanx, whose charge succeeded so 
well that the enemy's line was broken ; but, press- 
ing forward too far, the wings of the latter closed 
upon the disordered troops, and nearly surrounded 
them. In the engagement with Labienus, the army 
of Caesar, being attacked both in front and rear, 
was formed into two lines, which were faced in op- 
posite directions ; and, in the action with the Par- 
thians, Crassus drew up the Roman army in one 
square body, having twelve cohorts on each of the 
four sides, with a division of cavalry between every 
two cohorts in each face. 

The word of command was at first given aloud 
at the head of the army ; but ^milius Paulus 
changed this custom, and caused the tribune of the 
nearest legion to give it in a low voice to his primi- 
pilus, who transmitted it to the next centurion, and 
so on. It appears also that, anciently, the men on 
guard were at their posts during the whole day, 
and that, in consequence, they sometimes fell asleep 
leaning on their shields. iEmilius Paulus, in order 
to diminish the fatigue of the men and the chance 
of their sleeping, appointed that they should be re- 
lieved every six hours, and that they should go on 
guard without their shields. {Vid. Castra.) 

The legion, during the continuance of the ancient 
discipline, was found to be more than equal to the 
phalanx of the Greeks for general service, and Po- 
lybius 3 has sufficiently accounted for the fact. This 
writer observes that, while the phalanx retained its 
form and power of action, no force was able to 
make any impression upon it, or support the violence 
of its attack ; but he adds that the phalanx required 
that the field of battle should be a nearly level plain ; 
even then the enemy might avoid it ; and, by ma- 
noeuvring on its flanks and rear, might cut off" its 
supplies. On an action taking place, the command- 
er of an army similar to that of the Romans had it 
in hi3 power to lead on to the attack a portion only 
of its line, keeping the rest in reserve ; in this case, 
whether the phalanx was broken by the legion, or 
the former broke through any part of the enemy's 
divisions, its peculiar advantages were lost ; for 
there would always be left spaces into which the 
enemy might penetrate and disperse the troops, 
whose long spears were of no avail against men 
armed with javelins and strong swords. In this 



» (Suet., Dom., 7.) -2. (Tolyb., vi„ ex. 2.)— 3. (xvii., ex. 3.) 



mannar, yEmilius obtained a yictory over Perseus 
at Pydna, 1 and Philip was defeated by Flaminius at 
the battle of Cynocephalae. 2 

The severity of the Roman discipline may be 
said to have been occasionally relaxed, at least in 
the provinces, even during the Republic ; for Scipio 
iEmilianus, when he went to command the army in 
Spain, found that the legionary soldiers used carts 
to cany a portion of the burdens which formerly 
they had borne on their own shoulders. 3 But, 
among the disorders which prevailed during tht 
reigns of the successors of the Antonines, one of 
the greatest evils was the almost total neglect of 
warlike exercises arr.cMg the troops which guarded 
the city of Rome, -lie legions on the frontiers 
alone, in those times, sustained their ancient repu- 
tation, and Severus, by their aid, ascended without 
difficulty the throne then occupied by the unworthy 
Julianus. The almost total abandonment of the an- 
cient military institutions may be said to have taken 
place soon after the time of Constantine ; for, ac- 
cording to Vegetius,* who lived in the reign of Val- 
entinian II., the soldiers of that age were allowed 
to dispense with the helmet and cuirass, as being 
too heavy to be worn ; and he ascribes their fre- 
quent defeats by the Goths to the want of the an- 
cient detensive armour. 

Vegetius has given a description of the legion, 
which, though said to accord with that of the an- 
cients, differs entirely from the legions of Livy and 
Polybius. He considers it as consisting of ten co- 
horts, and states that it was drawn up in three lines, 
of which the first contained five cohorts ; the troops 
of this line were called principes, and were heavy- 
armed men, each carrying five arrows, loaded at 
one end with lead, in the hollow of the shield, be- 
sides a large and small javelin. The second line, 
consisting of the troops called hastati, is said to 
have been formed by the remaining five cohorts. 
Behind these were placed the ferentarii (a sort of 
light-armed troops, who performed the duty of a for- 
lorn-hope) ; the target-men, who were armed with 
darts, arrows, and swords ; and besides these there 
were slingers, archers, and crossbow-men. In rear 
of all came the triarii, who were armed like the 
principes and hastati.* Now it was the genera] 
practice, during the Republic, to place the principes 
in the second line, in rear of the hastati ; therefore, 
if the disposition given by Vegetius ever had a real 
existence, it can only be supposed to have been in 
an age preceding that to which the description given 
by Livy 6 refers, or it was an arrangement adopted 
on the occasion of some temporary reform which 
may have taken place under the emperors. What 
follows may, perhaps, be readily admitted to apper- 
tain to the Empire under the greatest of its princes. 
The first of the cohorts, which bore the name of 
cohors milliaria, was superior to the others, both 
with respect to the number and quality of the sol- 
diers ; it had, also, the charge of the eagle and the 
standard of the emperor. Its strength was 1105 
foot-soldiers, and 132 cuirassiers on horseback, and 
its post was on the right of the first line. The re- 
maining four cohorts of the first line contained each 
555 infantry and 66 cavalry, and the five cohorts 
of the second line contained each the same number 
of infantry and cavalry. Thus the wiiole legion 
was composed of 6100 foot-soldiers and 726 horse- 
men, not including either the triarii or the light 
troops. 

After the establishment of the imperial authority , 
the sovereign appointed some person of consular 
dignity to command each legion in the provinces ; 
and this officer, as the emperor's lieutenant, had 



1. (Liv., xliv., 41.)— 2. (Polyb., xvii., ex 3)— 3. (Li?., EpiV. 
57.)-- 4. (i., 10.)— 5. (Vcget., ii., 6, 15.) -C. (viii., 8.) 



ARM1 . 



ARMY. 



the title of prof tctus, or legatus legionis. 1 The first 
appointment of this kind appears to have taken 
place in the reign of Augustus, and Tacitus men- 
tions the existence of the office in the reign of Ti- 
berius. The authority of the legatus was superior 
to that of the tribunes, who before were responsible 
only to the consul. In speaking of the officers of a 
legion, Vegetius 2 mentions two tribunes (probably 
meaning two classes of tribunes), of which the first, 
called tribunus major, received his commission from 
the emperor ; the other, called tribunus minor, rose 
to that rank by merit or length of service. Subor- 
(Hnate to the tribunes were, in each cohort, the sev- 
eral centurions, who bore the general name of or- 
dinarii. 3 To every hundred men there were prob- 
ably, at one time, only the centurio, whose post was 
in front of the division, and the optio, who remained 
in the rear ; but it appears that Augustus and Ves- 
pasian increased the number of officers of this class ; 
for Vegetius observes that those whom these two 
emperors added to the ordinarii were called Augus- 
tales and Flaviales. 4 The decurions or decani were, 
as formerly, the leaders of files. According to Dion 
Cassius, seven cohorts of troops were instituted by 
Augustus for the defence of the city, and these 
bore the name ofvigiles. It appears, however, that 
in the time of Tacitus they ceased to be considered 
as soldiers ; for that writer takes no notice of them 
when, in enumerating the guards of Rome, he men- 
tions three uroan and nine praetorian cohorts. 5 

In a fragment of Arrian (the author of the work 
on the Tactics of the Greeks) we have a brief no- 
tice of the constitution of a Roman army during the 
reign of Hadrian, and the description will probably 
serve for any age between that time and the dissolu- 
tion of the Empire. It was so regulated that, when 
drawn up in order of battle, the legions should be 
in one line eight deep, and no mention is made of 
any division of the troops into hastati, principes, 
and triarii. The first four ranks were armed with 
f he pilum, and the others with slender pikes or jave- 
lins. The men in the front rank were to present 
their pila at the level of the enemy's horses' breasts, 
and those in the second, third, and fourth ranks 
were to stand ready to throw theirs. A ninth rank 
was to consist of archers, and behind all were the 
catapultae for projecting darts and arrows, and balistae 
for throwing stones, over the heads of the men in 
front. The cavalry were directed to be in the rear 
of the legions, probably in the event of being obliged 
to quit their stations on the wings. On the enemy 
making a charge, the second and third ranks were 
to close up to the first, and all these were to pre- 
sent their pila ; the men in the fourth rank were to 
throw their weapons directly forward, and those in 
the rear were to discharge theirs over the heads 
of the others. The march of the army was made 
in one column. First came the Roman artillery, 
in two ranks ; these were followed by archers on 
horseback and by the allied cavalry ; then came the 
Armenian archers on foot, and half of the allied in- 
fantry, which was flanked by the cavalry of Achaia. 
The elite of the Roman cavalry marched at the head 
of the central division ; after them came the ordi- 
nary cavalry, then the catapultae and the light troops 
attached to the legions, followed by the legions 
themselves, in cohorts four men deep. At the head 
of the legion marched the praefect, his legate, the 
tribunes, and the centurions of the first cohort. 
The rear-guard consisted of the other half of the al- 
lied infantry and the baggage ; and the whole was 
closed by the cavalry of the Getae. 

After the settlement of the Empire, Augustus 
united with the troops which, under the name of 



1. (Tacit., Hist., i., 82.)— 2. (n., 7.)-3. (n., 8.)^ 4. (ii., 7.) 
— 5. (Ticit., Ann., iv., 5.— Lips, in loc.) 
I Of. 



the p 1 aetorian cohort, had attended him as his guard, 
two legions of infantry which had been raised in 
Italy, and placed the whole in garrison in the chief 
towns of that country, but never allowed more than 
three cohorts to be in one city. 1 Tiberius after- 
ward assembled this body of men in a fortified camp 
at Rome, 2 but outside the walls of the city ; 3 and 
there, during 300 years, they were at times the 
guards and the masters of the sovereign. In the 
time of Tiberius there were nine praetorian co- 
horts,* but their number was increased to sixteen 
under Vitellius, four of whom guarded the city. 3 
When Severus had got possession of the Empire, 
subsequently to the murder of Pertinax by these 
praetorians, he disarmed the latter, and banished 
them from Rome ; but such an institution was too 
convenient to be neglected by the despotic monarch 
of a vast empire, and he immediately drew from the 
legions of the frontiers the men most remarkable 
for their strength and courage. 6 With these lie 
formed an army of 25,000 men, to whom he gave 
pay and privileges superior to those of the other 
troops ; and their commander, the praetorian prae- 
fect, was made both the head of all the military 
force and the chief minister of the Empire. By the 
arrangements of Diocletian, a praetorian praefect 
was appointed, with both a military and a civil ju- 
risdiction, in each of the four great provinces, Italy, 
Gaul, Illyria, and the East, into which the Empire 
was then divided ; but a large body of guards, un- 
der the command of the praefect of Rome, contin- 
ued to form the garrison of the city. Engaged in 
the cause of Maxentius, these troops, almost alone, 
withstood for a time the shock of Constantine's 
Gallic army, and most of them are said to have 
covered with their dead bodies the ground whiol/. 
they occupied when in line ; 7 but, after the death of 
the former, the fortified camp of the praetorians was 
destroyed, and their institution was suppressed. 9 

The command of all the armies of the Empire 
was then committed by Constantine to two officers,, 
who had the title of magistri militum ; one of these 
was placed over the cavalry, and the other over 
the infantry, yet both commanded indifferently the 
troops of both classes in any one army. 9 On the 
division of the Empire their number was doubled ; 
and in the reign of Constantius it was increased to 
eight. According to Vegetius, 10 the magister mili- 
tum was a man of distinguished birth ; but this 
writer observes that the troops were actually com- 
manded by the praefectus legionis, who held an in- 
termediate rank between the magister militum and 
the tribunes, who were placed over the cohorts. 

The hope of preventing those acts of insubordi- 
nation which had occurred among the legionary 
troops, appears to have induced Constantine, or his 
immediate successors, to diminish the strength of 
those bodies ; and, from a computation founded on 
the number of the troops which garrisoned Amida 
when it was besieged by Sapor, it appears that a 
Roman legion could not then have consisted of 
more than 1500 men. 11 Of these comparatively 
small bodies there were about 132 in the whole 
Empire ; they were, however, not only without the 
discipline which characterized the Roman line of 
battle in former times, but the progress of luxury 
had so far enervated the class of free citizens that 
a sufficient number could not be found to fill the 
ranks of the army. Slaves were admitted into 
every corps except the superior class of cavalry ; 
and the boldest of the Franks and Goths were al- 



1. (Suet., Octav., 49.)— 2. (Suet., Tib., 37.)— 3. (Suet., Ner., 
48.)_4. (Tacit., Arm., iv., 5.)— 5. (Tacit., Hist., ii., 93.)— 6. 
(Dion., lxxiv., 2.)— 7. (Panegr. Vet., x., 17.)— 8. (Zosimus, lib 
ii.— Panegr. Vet., ix.)— 9. (Zosimus, lib. ii )— 10. (ii., 9 ) — 1J 
(Amm. Marcell., xix., 2, 5 



ARQTJATL'S. 



AURHEPHORIA. 



lowed, for the sake of their services, to attain the 
highest military posts. In this age appear the fi .rst 
indications of the feudal tenures ; for the lands be- 
Btowed on the veterans, as the reward of valour, 
were granted on condition that the sons of those 
men should, like their fathers, serve the state in the 
wars. 1 

The reputation of the Roman arms was upheld 
for a time ir. tne West by the troops under Aetius, 
and in the Ea<st by the martial virtues of Belisarius ; 
and the last notice we have of an engagement sus- 
ained in the spirit of the ancient batil°s, is that 
<*iven by Procopius, in his account of the Persian 
war, 3 when, describing an action on the Euphrates 
between the troops of that nation and those of Jus- 
tinian, he says the latter presented a front which 
opposed to the assaults of the enemy's cavalry an 
impenetrable line of pikes, while the bucklers of the 
men protected them from the flights of arrows with 
which they would have otherwise been overwhelm- 
ed. From this time a Roman army began to as- 
similate to that of an Asiatic people ; its strength 
consisting in its cavalry, which was armed with 
cuirass, helmet, and greaves, and which had ac- 
quired dexterity in the use of the javelin and bow ; 
while the infantry, formed of men taken from the 
lowest rank in society, ill-armed and disciplined, 
served chiefly as artificers or labourers, or attend- 
ants on the horsemen, and in action only engaged 
with an infantry like themselves. 

♦ARJX'ABO (dpvu6u), a medicinal substance no- 
ticed by Aetius 3 and Paulus ^Egineta.* It would 
appear that it is not noticed by the other medical 
authors, whether Greek, Roman, or Arabic, unless 
we are to suupose, with the commentators on 
tlesue, that it is the second Zerumbeth of Serapion, 
ind th>3 Zarnabum of Avicenna. If so, it must 
^lave been Zcduary, for this is the Zerumbeth of Se- 
rapion. 5 

♦ARNOGLOS'SOS {upvoyluococ or -ov), the herb 
Plantain. Macer Floridus describes two species 
rery distinctly, namely, the Plantag^ major and 
lanccolata. Adams sees no reason to loubt that 
these are the two species noticed by Diosco-id^s, al- 
though Sprengel hesitatingly refers them v » the P. 
Asiatica and maritima ; and Sibthorp marks the ap- 
i>6y?.G)<7Gov titKpov as being the P. lagopus. &tack- 
house recognises the L of Theophrastus as being 
the P. major, or the Greater Plantain. 6 

*ARCW (apov), a plant about which great uncer- 
tainty prevails. Woodville holds it to be the Arum 
maculatum, L., or the Wake-robin ; but Alston says 
"the Wake-robin is not the apov, but the upia- 
apov Dioscoridis in the opinion of many." "I can- 
not make out exactly," observes Adams, "what 
plant either Dodonagus or Matthiolus points to. 
Sprengel mentions that Ghinius referred it to the 
Colocasia, and Anguillara to the Arum vulgare; he 
himself is somewhat undecided as to the difference 
between the common Arum and the Arum Dioscori- 
dis. Stackhouse, without attempting to account 
for the transposition of terms, decides that the upov 
of Theophrastus is the Arum Dracunculus, or Little 
Dragon herb, and the dpanovriov the Arum macu- 
latum. I regret that, after consulting all the best 
authorities on this subject, I must leave it in so un- 
satisfactory a state." 7 

ARQUA'TUS, a person afflicted with the arqua- 
tus morhis, 9 or jaundice. 9 This disease (called also 

1. (Cod. Theodos., lib. vii.)— 2. (i., 12.)— 3. (xvi., 113.)— 4. 
(lib. vii.)— 5. (Adams, Append., s. v.j— 6. (Dioscor., ii., 152. — 
Theophrast., H. P., vii., 8.— Adams, Append., s. v.)— 7. (Theo- 
phrast., H. P., i., 6.— Dioscor., ii., 198.)— 8. (Cels.,De Med., iii., 
24.) — 9. (Lucret., iv., 333. — "Lurida prater ea fiuut quaecunque 
tuentur Arquati :" Varro, ap. Non. Marc, i., 151.— " Arquatis 
quae lutea non sunt asque ut lutea videntur :" Plin., H. N., II., 
44.— Lucil , ap. Non. Marc, 1. c.) 



larepci aurigo, reg\us morbus) derives its name 
from the yellow tint diffused over the body, imita- 
ting in a manner the colours of the rainbow. 1 It ia 
sometimes spelled arcuatus, but less correctly, as 
(according to Nonius 3 ) arcus signifies any arch, but 
arquus only the iris, or rainbow ; as Lucretius,* "Turn 
color in nigris existit nubibus arqui." 

ARRA, AR'RABO, or ARRHA, AROIHABO, is 
defined by Gaius* to be the " proof of a contract of 
buying and selling ;" but it also has a more general 
signification. That thing was called arrha which 
the contracting parties gave to one another, whethei 
it was a sum of money or anything else, as an evi- 
dence of the contract being made : it was no es 
sential part of the contract of buying and selling, 
but only evidence of agreement as to price. 5 If the 
arrha was given as evidence of a contract abso- 
lutely made, it was called arrha pacto perfccto data ; 
if it was given as evidence of a contract to be made 
at a future time, it was called arrha pacto impcrfccto 
data. In the latter case, the party who refused to 
complete the contract lost the arrha which he had 
given ; and when he had received an arrha, but 
given none, he was obliged to restore double the 
amount of the arrha. Yet the bare restoration of 
the arrha was sufficient, if both parties consented 
to put an end to the contract, or if performance of 
the contract was resisted by either party on suffi- 
cient grounds. In the former case, the arrha only 
served, if dispute arose, as evidence of the unalter- 
able obligation of the contract, and a party to the 
contract could not rescind the contract even with 
the loss of the arrha, except by making out a proper 
case. Hence arose the division of the arrha into 
confirmatoria and pcenitentialis. If, in the formei 
case, the contract was not completely performed, 
the arrha was restored, and the party who was in 
fault lost the arrha which he had given. But when 
the contract was completely performed, in all cases 
where the arrha was money, it was restored, or 
taken as part of the price, unless special custom* 
determined otherwise ; when the arrha was a ring, 
or any other thing, not money, it was restored. 
The recovery of the arrha was in all cases by a 
personal action. 

The arrha in some respects resembles the depos- 
ite of money which a purchaser of land in England 
generally pays, according to the conditions of sale, 
on contracting for his purchase. 

The term arrha, in its general sense of an evi- 
dence of agreement, was also used on other occa- 
sions, as in the case of betrothment (sponsalia). 
(Vid. Marriage.) Sometimes the word arrha ia 
used as synonymous with pignus, 6 but this is not 
the legal meaning of the term. 7 

ARRHEPHOR'IA ('A^^opm), a festival which, 
according to the various ways in which the name 
is written (for we find hpcv^opia or ippnty'opia), is 
attributed to different deities. The first form is 
derived from app'rira, and thus would indicate a fes- 
tival at which mysterious things were carried about. 
The other name would point to Erse or Herse, who 
was believed to be a daughter of Cecrops, and 
whose worship was intimately connected with that 
of Athena. But, even admitting the latter, we still 
have sufficient ground for believing that the festival 
was solemnized, in a higher sense, in nonour of 
Athena. 8 It was held at Athens, in the month of 



1. (Isid., Orig., iv., 8. — Non. Marc, v., 14: "In arqui simil- 
itudinem.")— 2. (1. c.)— 3. (vi., 525.)— 4. (iii., 139.)— 5. (Gaiu?, 
Dig-. 18, tit. 1, s. 35.)— 6. (Terent., Heautont., iii., 3, 42.)— 7 
(Thibaut, System des Pandekten Rechts, t) 144.— Dig. 18, tit. 1, 
s. 35 ; tit. 3, r. 6 ; 14, tit. 3, s. 5, t) 15 ; 19, tit. 1, s. 11, 6.— 
Cod. 4, tit. 21, s. 17.— Gellius, xvii., 2.— Compare Bracton.ii., c; 
27: " De acquirendo rerum dominio in causa emptionis," and what 
he says on the arrha, with the passage in Gaius already referred 
to.) — 8. (Etymol. Mag., s v. 'App»7$<5poj.) 

107 



ARSENIKON. 



ARTERIA. 



rtkitophorion. Four girls, of between seven and 
eleven years, 1 were selected every year from the 
most distinguished families, two of whom super- 
intended the weaving of the sacred peplus of Athe- 
na, which was begun on the last day of Pyanepsion ; 2 
the two others had to carry the mysterious and 
sacred vessels of the goddess. These latter re- 
mained a whole year on the Acropolis, either in the 
Parthenon or some ad-joining building ; 3 and, when 
the festival commenced, the priestess of the goddess 
placed vessels upon their heads, the contents of 
which were neither known to them nor to the 
priestess. With these they descended to a natural 
grotto within the district of Aphrodite, in the gar- 
dens. Here they deposited the sacred vessels, and 
carried back something else, which was covered, 
and likewise unknown to them. After this the 
girls were dismissed, and others were chosen to 
6upply their place in the Acropolis. The girls 
wore white -robes adorned with gold, which were 
left for the goddess ; and a peculiar kind of cakes 
was baked for them. To cover the expenses of the 
festival, a peculiar liturgy was established, called 
uppn^opia. All other* details concerning this festi- 
val are unknown. 

ARROGATIO. (Vid. Adoptio.) 

*ARSEN'IKON (upaeviKov) "does not mean 
what is commonly called arsenic, but the sesqui-sul- 
pkuret of arsenic, or orpiment." Celsus clearly in- 
dicates what it was when he says "Auripigmenturn, 
quod apaevmov a Greeds nominatur."*- In a word, 
it is yellow orpiment, and this latter name itself is 
merely a corruption from auripigmenturn, or " paint 
of gold." "It was called," observes Dr. Moore, 
"auripigmenturn, perhaps, not merely from its gold- 
en colour and the use to which it was applied, but 
because the ancients thought it really contained 
iihat metal. Pliny mentions, among other modes 
of obtaining gold, that of making it from orpiment ; 
and says that Caligula ordered a great quantity of 
that 3iib3tS!t]G8 to be reduced, and obtained excel- 
lent gold, but in such small proportion as to lose 
by an experiment which was not afterward repeat- 
ed. 4 Although no great reliance can be placed on 
this account, we are not, of necessity, to regard 
it as a fable ; for the mass experimented on may 
have contained, as it is said this mineral sometimes 
does, a small portion of gold." 6 The arsenic of the 
ancients, then, was considerably different from our 
oxyde of arsenic, which is a factitious substance 
procured from cobalt by sublimation. The Arabian 
author Servitor, however, describes the process of 
subliming arsenic ; and Avicenna makes mention 
of white arsenic, by which he no doubt meant sub- 
limed arsenic, or the Arsenicum album of modern 
chymists. According to the analysis of Klaproth, 
yellow orpiment consists of 62 parts of arsenic and 
38 of sulphur. The Greek name apaevinov {mascu- 
line) is said by some to have been given to it be- 
cause of the potent qualities it was discovered to 
possess ; qualities, however, which the arsenic of 
the shops exhibits in a more intense degree. 7 " Ga- 
len 8 says it was commonly called apoevinov in his 
time, but vtto tuv uttlkI&iv to. navTa /3ov2.o/j.evc)v, 
' by those who wished to make everything conform 
to the Attic dialect,' uppevueov." According to 
Pliny, orpiment was dug in Syria, for the use of 
painters, near the surface of the ground ; Vitruvius 9 
mentions Pontus as a locality, and Dioscorides 10 
names Mysia as the country whence the best was 
brought ; that of Pontus holding the second rank. 

1. (appr](p6poi, ifxjrjcpdpoi, tppr)<popoi : Aristoph., Lysist., 642.) 

% (Suid., s. v. XaXicua.) — 3. (llarpocr., s. v. Aaitvotidpos : 

"\ it., i., 27, I) 4.)— 4. (De Med., v , 5.)— 5. (H. N., xxxi'ii., 4.) 

>i (Anc. Mineralogy, p. 60.) — 7. (Id. ib.)— 8. (De Medicam., 

w.tayevri, iii., 2, p. 593, ed. Kiirm. — Theophjastus has aputvi- 

my.v 71,89, 90.)— 9. (vii., 7.)— 10. (v., 121.— Moore, 1. c.) 

108 



The red sulphuret of arsenic was called Sandara- 
cha, and the ancients appear to have been well 
acquainted with the kindred nature of both the yel- 
low and red. (Vid. Sandaracha.) 

AR'TABA (aprdSn), a Persian measure of capa- 
city, which contained, according to Herodotus, 1 I 
medimnus and 3 chcenices (Attic) =102 Roman sex- 
tarii =12 gallons 5092 pints ; but, according to Sui- 
das, Hesychius, Polyaenus, 2 and Epiphanius, it con- 
tained 1 Attic medimnus =96 sextarii =11 gallons 
7-1456 pints. There was an Egyptian measure c* 
the same name, of which there were two sorts, the 
old and the new artaba. 3 The old artaba contained 
4£ Roman modii =72 sextarii =8 gallons 7359 
pints. It was about equal to the Attic metretes ; 
and it was half of the Ptolemaic medimnus, which 
was to the Attic medimnus as 3 : 2. The latei 
and more common Egyptian artaba contained 3^ 
modii =53| sextarii =6 gallons 48586 pints.* It 
was equal to the Olympic cubic foot, and about hall 
as large as the Persian artaba. 6 

ARTEMISIA ('ApTEfiicria), a festival celebrated 
at Syracuse in honour of Artemis Potamia and So- 
teira. 6 It lasted three days, which were principally 
spent in feasting and amusements. 7 Bread was of- 
fered to her under the name of Ao^'a. 8 Festivals 
of the same name, and in honour of the same god- 
dess, were held in many places in Greece.; but 
principally at Delphi, where, according to Hege- 
sander, 9 they offered to the god a mullet on this oc- 
casion, because it appeared to hunt and kill the sea- 
hare, and thus bore some resemblance to Artemis, 
the goddess of hunting. The same name was given 
to the festivals of Artemis in Cyrene a:id Ephesus, 
though in the latter place the goddess was not the 
Grecian Artemis, but a deity of Eastern origin. 

*II. The name of an herb, commonly called Mug- 
worth, or Mothervjort. Dioscorides describes three 
species, the TtoXvu/iuvoc , fiovonhuvog, and /Uttt^va- 
hoc. The first, according to Sprengel, is the Artemisia 
arbor escens ; the second, the Artemisia spicata ; and 
the third, the Artemisia campestris. Dierbach seems 
to entertain much the same ideas regarding the 
species of wormwood comprehended under the 
apre/xiaca of Hippocrates. The Wormwood holds 
a prominent part in all the Herbals of antiquity, from 
Dioscorides to Macer Floridus. 10 

ARTE'RIA (aprripia), a word commonly (but 
contrary to all analogy) derived and rov depa rnpeiv^ 
ab aire servando ; because the ancients, ignorant of 
the circulation of the blood, and finding the arteries 
always empty after death, supposed they were 
tubes containing air. 11 The word was applied to 
the trachea by Hippocrates 18 and his contempora- 
ries, by whom the vessels now called arteries were 
distinguished from the veins by the addition of the 
word G(j)v£c). By later writers it is used to signify 
sometimes the trachea, 13 and in this sense the epi- 
thet rprixela, aspera, is occasionally added ; 14 some- 
times an artery ; 15 in which sense the epithet Ac/a, 
IcEvis, is sometimes added, to distinguish it from the 
trachea ; and sometimes, in the plural number, the 
bronchia. 16 



1. (i., 192.)— 2. (Strat., iv., 3, 32.)— 3. (Didymus, c. 19.)— 4. 
(Rhemn. Farm., Carmen de Pond, et Mens., v., 89, 90. — Hieron., 
ad Ezech., 5.) — 5. (Bockh, Metrolog". Untersuch., p. 242.— 
Wurm, de Pond., &c, p. 133.)— 6. (Pind., Pyth., ii., 12.)— 7 
(Liv., xxv., 23.— Plut., Marcell., 18.)— 8. (Hesych., s. v.)— 9 
(Athenaeus, vii., p. 325.) — 10. (Dioscor., iii., 116, 117. — Adams 
Append., s.v.) — 11. (Cic, De Nat. Deor., ii., 55: " Sanguis pe 
venas in omne corpus diffunditur, et spiritus per arterias." — Com 
pare Seneca, Qusest. Nat., iii., 15, 6 2. — Plin.,H. N., xi., 88, 89. 
12. (Epidem., vii., 654, 663, ed. Kuhn.)— 13. (Aristot., H. A 
i., 13, $ 5. — Macrob., Saturn., vii., 15. — Aret., p. 24, ed. Kiilin. 
14. (Aret., p. 31.— Cic, De Nat. Deor., ii., 54.— Cels., De Med 
iv., 1.) — 15. (Cels., De Med., iv., 1, Art. quas KapwTtSag vc 
cant.— Ibid., ii., 10.— Plin., H. N., xi., 88.— Aret., p. 31, 27* 
&c.)— 16. (Auct. ad Herenn., iii., 12. — Aul. Gell, N. A., . 
26.— Aret., p. 25, &c.) 



, 



ARVALES FRATRES. 



ARVALES FRATRES. 



Notwithstanding the opinion of many of the an- 
cients, that the arteries contained only air, it is 
certain that the more intelligent among them knew 
perfectly well, 1. That they contain blood, 1 and 
even that this is of a different nature from that 
which is in the veins. 3 Galen, from whom the last 
idea is obtained, calls the pulmonary artery 0Aei// 
apTqpiudrjc, because it conveys venous blood, al- 
though it has the form and structure of an artery. 
2. That the section of an artery is much more dan- 
gerous and more difficult to heal than that of a 
vein. 3 3. That there is a pulsation in the arteries 
which does not exist in the veins, and of which the 
variations are of great value, both as assisting to 
form a correct diagnosis, and also as an indication 
of treatment.* 

ARTOP'TA. (Vid. Pistor.) 

ARU'RA (upovpa), a Greek measure of surface, 
which, according to Suidas, was the fourth part of 
the ir'kidpov. The nXidpov, as a measure of length, 
contained 100 Greek feet ; its square, therefore, 
=10,000 feet, and therefore the arura =2500 Greek 
square feet. 

Herodotus 5 mentions a measure of the same 
name, but apparently of a different size. He says 
that it is a hundred Egyptian cubits in every direc- 
tion. Now the Egyptian cubit contained nearly 17| 
inches ; 6 therefore the square of 100xl7f inches, 
i. e., nearly 148 feet, gives the number of square 
feet (English) in the arura, viz., 21,904. 7 

ARUS'PEX. (Vid. Haruspex.) 

ARVA'LES FRATRES. The fratres arvales 
formed a college or company of twelve in number, 
and were so called, according to Varro, 8 from offer- 
ing public sacrifices for the fertility of the fields 
[sacra publica faciunt propterca, ut fruges fcrant 
trva). That they were of extreme antiquity is 
proved by the legend which refers their institution 
to Romulus, of whom it is said, that when his nurse 
Acca Laurentia lost one of her twelve sons, he al- 
lowed himself to be adopted by her in his place, and 
called himself and the remaining eleven " Fratres 
Arvales." 9 We also find a college called the Sodales 
Titii, and as the latter were confessedly of Sabine 
Drigin, and instituted for the purpose of keeping up 
the Sabine religious rites, 10 there is some reason for 
the supposition of Niebuhr, 11 that these colleges 
corresponded one to the other : the Fratres Arvales 
being connected with the Latin, and the Sodales 
Titii with the Sabine, element of the Roman state, 
just as there were two colleges of the Luperci, 
namely, the Fabii and the Quincttlii, the former of 
whom seem to have belonged to the Sabines. 

The office of the fratres arvales was for life, and 
was not taken away even from an exile or captive. 
They wore, as a badge of office, a chaplet of ears of 
corn (spicea corona) fastened on their heads with a 
white band. 12 The number given by inscriptions 
varies, but it is never more than nine ; though, ac- 
cording to the legend and general belief, it amount- 
ed to twelve. One of their annual duties was to 
celebrate a three days' festival in honour of Dea 
Dia, supposed to be Ceres, sometimes held on the 
ivi., xiv., and xin., sometimes on the vi., iv., and 
in. Kal. Jun., i. e., on the 17th, 19th, and 20th, or 
the 27th, 29th, and 30th of May. Of this the mas- 
ter of the college, appointed annually, gave public 
notice (indicebat) from the Temple of Concord on 
the Capitol. On the first and last of these days, 

1. (Aret., p. 295, 303, where arteriotomy is recommended.) — 
2. (Galen, De Usu Part. Corp. Hum., vii., 8.)— 3. (Cels., De 
Med., ii., 10.) — 4. (Vid. Galen, De Usu Puis., De Causis Puis., 
<fcc, De Ven. et Arteriar. Dissect.) — 5. (ii., 168.) — 6. (Hussey, 
Ancient Weights, &c.) — 7. (Wurm, De Ponder., &c, p. 94.) — 
8. (De Ling. Lat., v., 85, ed. Miiller.) — 9. (Masurius Sabinus, 
ap. Aul. Gell., vi., 7.)— 10. (Tacit., Ann., i., 53.)— 11. rttoin. 
Hist., i., p. 303, transl.)— 12. (Plin., H. N., iviii., 2.) 



the college met at the house of their president, tc 
make offerings to the Dea Dia ; on the second they 
assembled in the grove of the same goddess, about 
five miles south of Rome, and there offered sacrificea 
for the fertility of the earth. An account of the 
different ceremonies of this festival is preserved in 
an inscription, which was written in the first year 
of the Emperor Elagabalus (A.D. 218), who wa» 
elected a member of the college under the name of 
M. Aurelius Antoninus Pius Felix. 1 The same in 
scription contains the following song or hymn, 
which appears to have been sung at this festival 
from the most ancient times : 

" E nos, Lases, iuvate. 
Neve luerve, Mannar, sins incurrere in pleons 
Satur furere, Mars, limen sali, sta berber • 
Scmunis alter nei advocapit conctos. 
• E nos, Marmor, tuvato : 

Triumpe, triumpe, triumpe, triumpe, triumpe." 

Klausen, in his work on this subject, 3 gives the fol 
lowing translation of the above : 

" Age nos, Lares, juvate. 
Neve luem, Mars, sinas mcurrere in plures : 
Satur furere, Mars, pede pulsa limen, sta verbere 
Semones alterni advocabite cunctos. 
Age nos, Mars, juvato : 
Triumphc," ^-c. 

But, besides this festival of the Dea Dia, the fratres 
arvales were required, on various occasions under 
the emperors, to make vows and offer up thanks- 
givings, an enumeration of which is given in Fat, 
ciolati. 8 Strabo, indeed,* informs us that, in the 
reign of Tiberius, these priests (lepofiv^fxovec) per- 
formed sacrifices called the ambarvalia at various 
places on the borders of the ager Romanus, or 
original territory of Rome ; 5 and among others, at 
Festi, a place between five and six miles from the 
city, in the direction of Alba. There is no boldness 
in supposing that this was a custom handed down 
from time immemorial, and, moreover, that it was 
a duty of this priesthood to invoke a blessing on the 
whole territory of Rome. It is proved by inscrip- 
tions that this college existed till the reign of the 
Emperor Gordian, or A.D. 325, and it is probable 
that it was not abolished till A.D. 400, togethei 
with the other colleges of the pagan priesthoods. 

The private ambarvalia were certainly of a differ- 
ent nature from those mentioned by Strabo, ami 
were so called from the victim [hostia ambarvalis), 
that was slain on the occasion, being led three 
times round the cornfields before the sickle was put 
to the corn. This victim was accompanied by a 
crowd of merry-makers (chorus et socii), the reap- 
ers and farm-servants dancing and singing, as they 
marched along, the praises of Ceres, and praying 
for her favour and presence, while they offered her 
the libations of milk, honey, and wine. 6 This cere- 
mony was also called a lustratio, 1 or purification ; 
and for a beautiful description of the holyday, and 
the prayers and vows made on the occasion, the 
reader is referred to Tibullus, lib. ii., eleg. i. It is, 
perhaps, worth while to remark that Polybius* uses 
language almost applicable to the Roman ambar- 
valia in speaking of the Mantineans, who, he says 
(specifying the occasion), made a purification, and 
carried victims round the city, and all the country : 
his words are, Ol Mavrivetc nadapfibv kiroitjaavTo, 
Kal addyia ■Kepiijveyiiav rrjg re noTieug kvkXu kcu t>;c 
Xupac. Tzaonc. 

There is, however, a still greater resemblance to 

I. (Marini, Atti e Monument degli Arvali, tab. xli — Orelli, 
Corp. T .o»cnp., nr. 2270.)-— 2. (De Carmine Fratrum Arvahuru, 
p. 23.)— 3. (Lex., s. v.) — 4. (v., 3.)— 5. (Arnold, Rom. Hist., i., 
p. 31.)— 6. (Virg., Georg., i., 330.)— 7. (Virg., Eclog., v., 83.)- 
8. (iv., 21, « 9.) 

109 



AS. 



A». 



the nres we have been describing, in the ceremonies 
of the rogation or gang week of the Latin Church. 
These consisted of processions through the fields, 
accompanied with prayers (rogationes) for a bless- 
ing on the fruits of the earth, and were continued 
during three days in Whitsun-week. The custom 
was abolished at the Reformation in consequence 
of its abuse, and the perambulation of the parish 
Voundaries substituted in its place. 1 

*ARUNDO. (Vid. KAAAMOS.) 

AS, or Libra, a pound, the unit of weight among 
me Romans. (Vid. Libra.) 

AS, the unit of value in the Roman and old Ital- 
ian coinages, was made of copper, or of the mixed 
metal called JEs. The origin of this coin has been 
already noticed under ^Es. It was originally of the 
weight of a pound of twelve ounces, whence it was 
called as libralis and as grave. The oldest form of 
it is that which bears the figure of an animal (a bull, 
ram, boar, or sow). The next and most common 
form is that described by Pliny, 3 as having the two- 
faced head of Janus on one side, and the prow of a 
ship on the other (whence the expression used by 
Roman boys in tossing up, capita aut navim 3 ). The 
annexed specimen, from the British Museum, weighs 
4000 grains : the length of the diameter in this and the 
*wo following cuts is half that of the original coins. 




Pliny* informs us that, in the time of the first 
Punic war (B.C. 264-241), in order to meet the ex- 
penses of the state, this weight of a pound was di- 
minished, and ases were struck of the same weight 
as the sextans (that is, two ounces, or one sixth of 
the ancient weight) ; and that thus the Republic 
paid off its debts, gaining five parts in six : that af- 
terward, in the second Punic w r ar, in the dictator- 
ship of Q. Fabius Maximus (about B.C. 217), ases 
of one ounce were made, and the denarius was de- 
creed to be equal to sixteen ases, the Republic thus 
gaining one half; but that, in military pay, the dena- 
rius was always given for ten ases : and that, soon 
after, by the Papirian law (about B.C. 191), ases of 
half an ounce were made. Festus, also, 5 mentions 
the reduction of the as to two ounces at the time of 
the first Punic war. There seem to have been other 
reductions besides those mentioned by Pliny, for 
there exist ases, and parts of ases, which show that 
this coin was made of 11, 10, 9, 8, 3, If, 1| ounces ; 
and there are copper coins of the Terentian family 

1, (Hooker, Eccl. Pol., v., 61,62.— Wheatley, Com. Pray., v., 
£0.)— 2. (II. N.,xxxiii.,3.)— 3. (Macrob., Sat.,i.,7.)— 4. (H. N., 
rxxiii , 13.) — 5. (s. v. Sextant 4kbcs ) 
110 



which show that it was depressed to ¥ x ¥ and evci 
■gL of its original weight. Several modern writers 
have contended, chiefly from the fact of ases. being 
found of so many different weights, that Pliny's ac- 
count of the reductions of the coin is incorrect, and 
that these reductions took place gradually, in the 
lapse of successive centuries. But Bockh has 
shown 1 that there is no trace in early times of a 
distinction between the cr.s grave and lighter mon- 
ey ; that the Twelve Tables know of no such dis- 
tinction ; that, even after the introduction of lightei 
money, fines and rewards were reckoned in as 
grave ; and that the style of the true Roman coins 
which still remain by no means proves that the 
heavier pieces are much older than those of two 
ounces, but rather the contrary. His conclusion is, 
that all the reductions of the weight of the as, from 
a pound down to two ounces, took place during the 
first Punic war. Indeed, if the reduction had been 
very gradual, it is impossible that the Republic could 
have made by it that gain which Pliny states to have 
been the motive for the step. 

The value of the as, of course, varied with its 
weight. Some writers, indeed, suppose that a rise 
took place in the value of copper, which compensa- 
ted for the reduction in the weight of the as ; so 
that, in fact, the as libralis of Servius Tullius was 
not of much greater value than the lighter money 
of later times. But this supposition is directly con- 
tradicted by Pliny's account of the reduction in the 
weight of the as ; and it would appear that the value 
of copper had rather fallen than risen at the time 
when the reduction took place. 3 Before the reduc- 
tion to two ounces, ten ases were equal to the de- 
narius =about 8i pence English. ( Vid. Denarius.) 
Therefore the as =3-4 farthings. By the reduction 
the denarius was made equal to 16 ases ; therefore 
the as =2$ farthings. 

The as was divided into parts, which were named 
according to the number of ounces they contained. 
They were the deunx, dextans, dodrans, bes, septunx, 
semis, quincunx, triens, quadrans or teruncius, sex- 
tans, sescunx or sescuncia, and uncia, consisting re- 
spectively of 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, \\, and 1 
ounces. Of these divisions the following were rep- 
resented by coins ; namely, the semis, quincunx, 
triens, quadrans, sextans* and uncia. There is a 
solitary instance of the existence of the dodrans, in 
a coin of the Cassian family, bearing an S and three 
balls. We have no precise information as to the 
time when these divisions were first introduced, but 
it was probably nearly as early as the first coinage 
of copper money. 

The semis, semissis, or semi-as, half the as, or six 
ounces, is always marked with an S to represent its 
value, and very commonly with heads of Jupiter, 
Juno, and Pallas, accompanied by strigils. 

The quincunx, or piece of five ounces, is very rare. 
There is no specimen of it in the British Museum. 
It is distinguished by five small balls to represent 
its value. 

The triens, the third part of the as, or piece of 
four ounces, is marked with four balls. In the an- 




nexed specimen from the British Museum, the balls 

1. (Metrolog. TJntersuch., I) 28.)— 2. (Bockh, Metrology l/a 
tersuch., p. 346, 347.) 



ASBESTOS. 



ASCALABOTES. 



appear on both sides, with a thunderbolt on one side, 
and a dolphin, with a strigil above it, on the other. 
Its weight is 1571 grains. 

The quadrans or teruncius, the fourth part of the 
as, or piece of three ounces, has three balls to de- 
note its value. An open hand, a strigil, a dolphin, 
grains of corn, a star, heads of Hercules, Ceres, 
&c. t are common devices on this coin. Pliny 1 says 
that both the triens and quadrans bore the image of 
a ship. 

The sextans, the sixth part of the as, or piece of 
two ounces, bears two balls. In the annexed spe- 
cimen from the British Museum, there is a cadu- 
'wus and strigil on one side, and a cockle-shell on 
*ho other. Its weight is 779 grains. 




The uncia, one ounce piece, or twelfth of the as, 
ts marked by a single ball. There appear on this 
coin heads of Pallas, of Roma, and of Diana, ships, 
frogs, and ears of barley. 

After the reduction in the weight of the as, coins 
were struck of the value of 2, 3, 4, and even 10 ases, 
which were called, respectively, dussis or dupondius, 
tressis, quadrussis, and decussis. Other multiples 
of the as were denoted by words of similar forma- 
tion, up to centussis, 100 ases ; but most of them do 
not exist as coins. 

In certain forms of expression, in which as is 
used for money without specifying the denomina- 
tion, we must understand the as. Thus deni <zris, 
mille aris, decies aris, mean, respectively, 10, 1000, 
1 ,000,000 ases. 

The word as was used also for any whole which 
was to be divided into equal parts ; and those parts 
were called uncia. Thus these words were applied 
not only to weight and money, but to measures of 
length, surface, and capacity, to inheritances, inter- 
est, houses, farms, and many other things. Hence 
the phrases hares ex asse, the heir to a whole estate ; 
hares ex dodrante, the heir to the ninth part, &c. a 
Pliny even uses the phrases semissem Africa, 3 and 
dodrantes et semiuncias horarum* 

The as was also called, in ancient times, assarius 
(sc. nummits). and in Greek to aaoupiov. Accord- 
ing to Polybius, 5 the assarius was equal to half the 
obolus. On the coins of Chios we find dcoupiov, 
aoadpiov f/fiLav, doadpia 6vu, doadpia rpia. 

•AS'ARUM (uaapov), a plant. There can be no 
doubt, observes Adams, that it is the Asarum Euro- 
pawn, or common Asarabacca. Dodoneeus men- 
tions that it had got the trivial name of Baccar in 
French, and hence supposes Asarabacca was a com- 
pound of the two terms. He denies, however, that 
it is the real Baccharis of the ancients. But Spren- 
gel advocates this opinion, and mentions in confirm- 
ation of it, upon the authority of the Flora Veronen- 
sis, that the Asarabacca is called bacchera and bac- 
cara by the inhabitants of the district around Vero- 
na.* According to Sibthorp, it still grows in what 
was once the Laconian territory, and in the country 
around Constantinople. 

ASBES'TOS or AMIANTUS (doSecToc, dfiidv- 
»»•)« This mineral, which is generally white, and 
Las sometimes a greenish hue, and which consists 
of soft flexible fibres, was obtained by the ancients 



!. OI. N., xxniL, 13.)— 2. (Vid. Cic, pro Caecina, c. 6.)— 3. 
fH N., xvni., 6.)— 4. (H. N., ii., 14.)— 5. (ii., 15.)— 6. (Dios- 
f°V V 9 j~ Galen > De Simpl., vi.— Adams, Append., s. v — Bil- 
lerbeck, Flora Classica, p. 116.) 



from India, from the vicinity of Carpasus in Cyprus, 
and from Carystus in Eubcea. In consequence oi 
being found in the two latter localities, it was some 
times called " the flax of Carpasus" (Xivov Kapira* 
aiov 1 ), and also " the Carystian stone" (kidoc Kapva< 
tioc 2 ). It was well adapted for making the wicka 
of lamps, because it is indestructible by fire ; and 
hence the Greeks, who used it for this purpose, gavs 
it the name "asbestos," which means inextinguish- 
able. Pausanias 3 mentions that the golden lamp 
which burned day and night in the temple of Athena 
Polias, at Athens, had a wick of this substance. 

It was also spun and woven into cloth. Thus 
manufactured, it was used for napkins (xeipeKpa- 
yela, i ^apo^c/crpa 5 ), which were never washed, but 
cleansed in a much more effective manner, when- 
ever they required it, by being thrown into the 
fire. 

Another use to which asbestine cloth was aj>- 
plied, was to preserve the remains of dead bodies 
burned in the funeral pile. The corpse, having been 
wrapped in a cloth of this substance, was consumed 
with the exception of the bones, which were thus 
kept together and preserved from being mingled 
with the ashes of the wood. But the expense of 
this kind of cloth was so great, that it could only 
be used at the obsequies of persons of the most ex- 
alted rank. The testimony of Pliny, who alone 
has transmitted to us the knowledge of this species 
of posthumous luxury, has been corroborated by 
the discovery of pieces of the cloth in ancient Ro- 
man or Italian sepulchres. The most remarkable 
specimen of this kind was found at Rome, A.D. 
1702, in a marble sarcophagus. The scull and bones 
of the deceased were wrapped up in it. Its dimen- 
sions were about five feet by six and a half. Since 
its discovery, it has been carefully preserved in the 
Vatican Library ; and Sir J. E. Smith, who saw it 
there, describes its appearance in the following 
terms : 6 " It is coarsely spun, but as soft and pliant 
as silk. Our guide set fire to one corner of it, and 
the very same part burned repeatedly with great 
rapidity and brightness without being at all injured." 

Although asbestos is still found naturally asacei- 
ated with rocks of serpentine in Cornwall, and in 
many foreign countries, it is now scarcely used ex- 
cept for some philosophical purposes, and, if made 
into cloth, it is only in very small quantities, and as 
a matter of curiosity. — *II. The Greek medical wri- 
ters use the term uo6ea~og in a very different sense 
from the preceding. With them it indicates Calx 
viva, or Quicklime (Tiravoc being understood). By 
Dioscorides it is more specially applied to the lime 
of sea-shells. " I am not aware," observes Adams, 
" that any Greek author uses the term ua6earoc in 
the sense in which it is employed by the Latin w T ri- 
ters and by modern naturalists." 7 

♦ASCALABO'TES (dottalaSuTrjc), a species of 
Lizard. Its Greek names are daKaXaduTnc, d<r/ca/a- 
6oc, yaleurnc, and koXuttjc, all of w 7 hich appellations 
are given to one and the same animal, namely, the 
Spotted Lizard, the Stcllio of the Latin writers, and 
the Lacerta gecko of Linnesus. The Stellio lived in 
walls, and was accustomed to run along these and 
on the roofs of houses. 8 It was considered the en- 
emy of man, venomous and cunning. Hence the 
term stellionatus, denoting all kinds of fraud in bar- 
gaining, and the old English word stellionate, or 
Fraud in the contract. The Stellio is the Tarentole^ 
or Gecko tubcrculcux of the south of Europe. It 
must not be confounded with the Lacerta stcllio, L , 



I. (Paus., i., 26, $ 7.)— 2. (Plut., De Orae. Def.)— 3. (1 c.)— 
4. (Sotacus, ap. Ap. Dysc.H. Comment., c. 36.)— 5. (Strabo, x.— 
Plut., 1 . c— " Mappae," Plin., H. N , xix., 4.)— 6- (Tour on Con- 
tinent, vol., ii., p. 201.) — 7. (Dioscorides, v., 132.— Galen. — A* 
tius.— P. JEgin. — Oribasius: pluries. — Ad : .ms, Append., s. *. 
— 8. ( jLristoph., Nub., 170, &c.) 

Ill 



ASCIA. 



ASCYRON. 



cr the Stellio of the Levant. This misapplication 
of the term was first made by Belon. The Laccrta 
sttllio is of an olive colour, shaded with black, and 
is very common throughout the Levant, and partic- 
ularly in Egypt. The L. gecko, on the other hand, 
is a spotted lizard, and some of the species, the 
Plytydactyli for instance, are painted with the most 
lively colours The melancholy and heavy air of 
the Gecko, superadded to a certain resemblance 
which it bears to the salamander and the toad, have 
rendered it an object of hatred, and caused it to be 
considered as venomous, but of this there is no real 
proof. 1 

♦ASC'ARIS (acnapie), the small intestinal worm 
formed in children and in adults afflicted with cer- 
tain diseases. It is the Ascaris vermicularis, L. 2 

ASCIA, dim. ASCIOLA (onenupvov, oKeirdpviov), 
an adze. 

MuratoM 3 has published numerous representations 
of the adae, as it is exhibited on ancient monuments. 
We select the three following, two of which show 
the instrument itself, with a slight variety of form, 
while the third represents a ship-builder holding it 
in Lis right hand, and using it to shape the rib of a 
vessel. The blade of the adze was frequently curv- 
ed, as we see if in all these figures, in order that it 
might be employed to hollow out pieces of wood, so 
as to construct vessels either for holding water or 
for floating upon it. Calypso, in the Odyssey,* fur- 
nishes Ulysses both with an axe (Treleicvc) and with 
" a well-polished adze," as the most necessary in- 
^ruments for cutting down trees and constructing 
* ship. 




In otfier cases the curvature of the blade was 
much kss considerable, the adze being used merely 
to cut off all inequalities, so as to make a rough 
|*iece of timber smooth (asciare, dolare), and, as far 
as possible, to polish it (pclire). Cicero 5 quotes from 
the Twelve Tables the following law, designed to 
rest). 3 in the expenses of funerals : Rogum ascia ne 
f>lito. 

In using the adze, the shipwright or carpenter was 
always in danger of inflicting severe blows upon his 
ovvn feet if he made a false stroke. Hence arose 
fc, proverb applied to those who were their own en- 
emies, or did themselves injury : Ipse mihi asciam 
in crus impegi. 6 Another proverbial expression, de- 
rived from the use of the same tool, occurs in Plau- 
tus. 7 The phrase Jam hoc opus est exasciatum 
means, "This work is now begun," because the 
rough-hewing of the timber by means of the ascia, 
the formation of balks or planks out of the natural 
trunk or branches of a tree, was the first step to- 
ward* the construction of an edifice. On the other 
band, we read in Sophocles of a seat not even thus 
rough-hewn. 8 The expression used is equivalent 

1 (Cuvier's Anim. Kingd.,vol. ii., p. 38, transl.) — 2. (Adams, 
Apnond., s. v.)— 3. (Ins. Vet. Thes., $., 534-536.)— 4. (v., 237.) 
—5 (De Leg-., ii., 23.)-6. (Petron.. Sat.., 74.)— 7. (Asm., ii., 2, 
•J >— 8. ((l<i9(jov dcxinapvov : (Ed. Col.. 101.) 
113 



to a&arov TTErpov,* and denoted a rock in its natu- 
ral state. 

Both the substantive ascia, and the verb asciare 
derived from it, retain the same signification in mod- 
ern Italian which they had in Latin, as above ex- 
plained. 

Vitruvius and Palladius 1 give directions for u?mg 
the ascia in chopping lime and mixing it so as to 
make mortar or plaster. For this purpose we mutt 
suppose it to have had a blunt, unpolished blade, and 
a long handle. In fact, it would then resemble thrj 
modern hoe, as used either by masons and plaster- 
ers for the use just specified, or by gardeners or ag- 
riculturists for breaking the surface of the ground 
and eradicating weeds. Accordingly, Palladius, 8 in 
his enumeration of the implements necessary for 
tilling the ground, mentions hoes with rakes fixed 
to them at the back, ascias in aversa parte referenUs 
rastros. 

Together with the three representations of the 
ascia, we have introduced into the preceding wood- 
cut the figure of another instrument, taken from a 
coin of the Valerian family. 4 This instrument was 
called Acisculus. It was chiefly used by masons, 
whence, in the ancient glossaries, Aciscularius is 
translated Xaro/ioc, a stone-cutler. The acisculus, 
or pick, as shown in the above figure, was a little 
curved, and it terminated in a point in one . direc- 
tion, and was shaped like a hammer in the other. 
Its helve was inserted so that it might be used with 
the same kind of action as the adze. Also, as the 
substantive ascia gave origin to the verb exasciare, 
meaning to hew a smooth piece of wood out of a 
rough piece by means of the adze, so acisculus gave 
origin to exacisculare, meaning to hew anything out 
of stone by the use of the pick. Various monu- 
mental inscriptions, published by Muratori, f warn 
persons against opening or destroying tombs by this 
process. 

*AS'KION (uokiov), a species or variety of Truf- 
fle, mentioned by Theophrastus.' 

*ASCLETTAS {ugkItittluc), a plant, which Al- 
ston, Woodville, Billerbeck, and Sprengel agree in 
identifying with the Asclepias vincetoxicum, L., o» 
officinal Swallow- wort. Stackhouse, however, pre- 
fers the Thapsia Asclepinon. It was used in cases 
of dropsy, 7 and took its name from Asclepiades, 
who first recommended its use. 

ASOLEPIEFA ('AcK^r/nceta) is the name of fes- 
tivals which were probably celebrated in all places 
where temples of Asclepius (iEsculapius) existed. 
The most celebrated, however, was that of Epidau- 
rus, which took place every five years, and was sol- 
emnized with contests of rhapsodists and musicians, 
and with solemn processions and games. 'AaKXr r 
nuca are also mentioned at Athens, 8 which were, 
probably, like those of Epidaurus, solemnized with 
musical contests. They took place on the eighth day 
of the month of Elaphebolion. 

♦ASCYRON (acKvpov), a plant. Dioscorides 
puts it beyond a doubt, that the acuvpov is a species 
of Hypericum, or St. John's-wort ; but which spe- 
cies it is cannot be satisfactorily determined. Spren- 
gel, in the first edition of his 11. H. H., prefers the Hy- 
pericum Androsamum, or Tutsan ; but in his edition 
of Dioscorides he hesitates between the H. perfo- 
ratum and the H. montanum. Dodonaeus is for the 
former, and Matthiolus for the latter. Adams thinks 
that the description of Dioscorides is more applica 
ble to the androscemum than to the perforatum. 

1. (1. 19.)— 2. (Vitruv., vii., 2.— Pallad., i., 14.)— 3. (i., 43.) 
—4. (Phil, a Turre, Mem. Vet. Antii, c. 2.)— 5. (1. c.)— 6. (H 
P., i., 10.)— 7. (Theophrast., H. P., ix., 12.— Dioscor., iii., 06.— 
Adams, Append., s. v. — Billerbeck, Flora Classica, p. 61.) — 8 
(iEschines, c. Ctes., p. 455. — Bockh, Staatshaush., ii., 253.) — 9. 
(Billerbeck, Flora Classica, p. 200.— Dioscor., iii., 162.— Adam* 
Append., s. v.) 



ASEriEIAS G RAPHE. 



AS1ARCJLE 



The name androscemon (uvdpooaifiov) was given to 
this plant, because the bud, when indented with the 
nail, exudes a blood-red colour (dvdpbe al/ia, " hu- 
man blood"). A species of balsamic oil was ex- 
tracted from this plant. According to Sibthorp, the 
Ascyron is called at the present day BdXaa/xov by 
the monks of Mount Athos ; 'kzixnvbxoprov in Zante, 
where it grows in the hedges ; and onovdpi$a in La- 
conia. 

ASCO'LIA {aoKulLa) (the leaping upon the leath- 
er bag) was one of the many kinds of amusements 
in which the Athenians indulged during the An- 
thesteria and other festivals in honour of Dionysus. 
The Athenians sacrificed a he-goat to the god, 
made a bag out of the skin, smeared it with oil, and 
then tried to dance upon it. The various accidents 
accompanying this attempt afforded great amuse- 
ment to the spectators. He who succeeded was 
victor, and received the skin as a reward. 1 The 
scholiast, however, erroneously calls the ascolia a 
festival; for, in reality, it only formed a part of 
one. 3 

ASEBEI'AS rPA$H (aoe6eiac ypatff) was one 
of the many forms prescribed by the Attic laws for 
the impeachment of impiety. From the various 
tenour of the accusations still extant, it may be gath- 
ered that this crime was as ill-defined at Athens, 
and, therefore, as liable to be made the pretext for 
persecution, as it has been in all other countries in 
which the civil power has attempted to reach offen- 
ces so much beyond the natural limits of its juris- 
diction. The occasions, however, upon which the 
Athenian accuser professed to come forward, may 
be classed as, first, breaches of the ceremonial law 
of public worship ; and, secondly, indications of that, 
which in analogous cases of modern times would 
be called heterodoxy or heresy. The former com- 
prehended encroachment upon consecrated grounds, 
the plunder or other injury of temples, the violation 
of asylums, the interruption of sar^ifices and festi- 
vals, the mutilation of statues of the gods, the in- 
troduction of deities not acknowledged by the state, 
and various other transgressions peculiarly defined 
by the laws of the Attic sacra, such as a private 
celebration of the Eleusinian mysteries and their 
divulgation to the uninitiated, injury to the sacred 
olive-trees, or placing a suppliant bough (iKernpla) 
on a particular altar at an improper time. 3 The 
heretical delinquencies may be exemplified by the 
expulsion of Protagoras* for writing that "he could 
not learn whether the gods existed or not," in the 
persecution of Anaxagoras, 5 like that of Galileo in 
after times, for impugning the received opinions 
about the sun, and the condemnation of Socrates 
for not holding the objects of the public worship to 
be gods. 6 The variety of these examples will have 
shown that it is impossible to enumerate all the 
cases to which this sweeping accusation might be 
extended ; and, as it is not upon record that reli- 
gious Athens 7 was scandalized at the profane jests 
of Aristophanes, or that it forced Epicurus to deny 
that the gods were indifferent to human actions, it 
is difficult to ascertain the limits at which jests and 
skepticism ended, and penal impiety began. 

With respect to the trial, any citizen that pleased 
6 PovXofievog — which, however, in this, as in all oth- 
er public actions, must be understood of those only 
who did not labour under an incapacitating disfran- 
chisement (aTifiia) — seems to have been a compe- 
tent accuser ; but, as the nine archons and the arei- 
opagites were the proper guardians of the sacred 



1. (Schol. in Aristoph., Plut., 1130.— Vlrg., Georg., ii., 384.) 
—2. (Vid. Poll., Onom., ix.. 121.— Henych., s. v. 'Aax-wAuJCoi/- 
m.)— 3. (Andoc., De Myst., 110.)-^. (Diog. Laert., IX., viii., 
i.)~ 5. (Diog. Laert., II.. iii., 9.) — 6. (Xen., Apol. Socr.)— 7. 
iXen., Rep. Ath., iii., 8.) 
P 



olives {fioplac, otjkoI 1 ), it is not impossible that thej 
had also a power of official prosecution upon casu- 
ally discovering any injury done to their charge. 

The cases of Socrates, Aspasia, and Protagoras 
may be adduced to show that citizens, resident 
aliens, and strangers were equally liable to this ac- 
cusation. And if a minor, as represented in the 
declamation of Antiphon, could be prosecuted for 
murder (fovov), a crime considered by the early 
Greeks more in reference to its ceremonial pollu- 
tion than in respect of the injury inflicted upon so 
ciety, it can hardly be concluded that persons under 
age were incapable of committing or suffering fo* 
this offence. 8 

The magistrate who conducted the previous ex 
amination {avdnpioic) was, according to Meier,* in 
variably the king archon, but whether the court into 
which he brought the causes were the areiopagus 
or the common heliastic court, of both of which 
there are several instances, is supposed 4 to have 
been determined by the form of action adopted by 
the prosecutor, or the degree of competency to 
which the areiopagus rose or fell at the different 
periods of Athenian history. From the Apology of 
Socrates we learn that the forms of the trial upon 
this occasion were those usual in all public actions 
{vid. GRAPHAI), and that, generally, the amount ol 
the penalty formed a separate question for the di- 
casts after the conviction of the defendant. For 
some kinds of impiety, however, the punishment 
was fixed by special laws, as in the case of per- 
sons injuring the sacred olive-trees, and in that men- 
tioned )y Andocides. 6 

If the accuser failed to obtain a fifth of the votes 
of the dicasts, he forfeited a thousand drachmas, and 
incurred a modified uTifiia. The other forms or 
prosecution for this offence were the (nrayuyf)* ' 
k^rjyrjaLg, 1 evde^ic, 9 Trpo6o2,r/, 9 and, in extraordinary 
cases, daayyzkia ; 10 besides these, Demosthenes 
mentions 11 two other courses that an accuser might 
adopt, dmd&crdaL irpbc F^vfioXmSac, and (ppd&Lv rtpbc 
top (SaaiMa, of which it is difficult to give a satis- 
factory explanation. 

ASIAR'CtLE (uoiapxai) were, in the Roman 
provinces of western Asia, the chief presidents of 
the religious rites, whose office it was to exhibit 
games and theatrical amusements every year, in 
honour of the gods and the Roman emperor, at their 
own expense, like the Roman oediles. As the ex- 
hibition of these games was attended with great 
expense, wealthy persons were always chosen to fill 
this office ; for which reason Strabo says that some 
of the inhabitants of Tralles, which was one of the 
most wealthy cities in Asia Minor, were always 
chosen asiarchs. They were ten in number, se- 
lected by the different towns of Asia Minor, and ap- 
proved of by the Roman proconsul ; of these, one was 
the chief asiarch, and frequently, but not always, 
resided at Ephesus. Their office only lasted for a 
year ; but they appear to have enjoyed the title as 
a mark of courtesy for the rest of their lives. 13 This 
title also occurs in a Greek inscription at Assos in 
Mysia, copied by Mr. Fellows. 13 In the letter writ- 
ten by the Church of Smyrna respecting the mar- 
tyrdom of Polycarp, 1 * we read that Philip the asiarch 
was requested by the infuriated people to let loose 
a lion against Polycarp, which he said it was not 
lawful for him to do, as the exhibition of wild beasts 
(Kvvrjyeoia) had been finished. In another part of 

1. (Lysias, Uepl tov Ztjkov, 282.)— 2. (Antiph., Tetral., ii., p. 
674.)— 3. (Att. Process, 300, 304, n. 34.)-4. (Meier, Att. Pro- 
cess, 305.)— 5. (De Myst., 110.)— 6. (Demosth., c. Androt., 601. 
626.)— 7. (Meier, Att. Process, 246.)— 8. (Andoc., De Myst., 8 ) 
—9. (Libanius, Argum. ad Demosth., in Mid., 509, 10.)— 10. 
(Andoc, De Mvst., 43.)— 11. (c. Androt.. 601.)— 12. (Strobe 
xiv., p. 649.— Acts, xix., 31.— Wetstem et Kuinoel in loc.)— IS 
(Excursion in Asia Minor, p. 49.) — 14. (c. 12.) 

in 



ASILLA. 



ASPALATHUF 



this epistle Philip is called high-priest (apxiepevg), 
which appears to show that he must have been chief 
asiarch of the province. 

ASILL'A (dalXXa) was a wooden pole or yoke, 
held by a man either on his two shoulders, or more 
commonly on one shoulder only, and used for car- 
rying burdens. 

The paintings in the ancient tombs of Egypt 
prove the general use of this implement in that 
country, especially for canying bricks, water-pails 
to irrigate the gardens, and baskets with all kinds 
of provisions for the market. Mr. Burton found at 
Thebes a wooden yoke of this kind r with one of the 
leather straps belonging to it. The yoke (which is 
now in the British Museum) is abcut :*£ feet long, 
and the strap about 16 inches. 8 

We also find this instrument displayed in works 
ot Grecian art. A small bronze lamp found at Sta- 
biae (see the annexed woodcut) represents a boy 
carrying two baskets suspended from a pole which 
rests upon his right shoulder. The two other rep- 
resentations here introduced, though of a fanciful 
or ludicrous character, show by that very circum- 
stance how familiar the ancients must have been 
with the use of this piece of furniture. The first is 
from a beautiful sardonyx in the Florentine muse- 
um : it represents a grasshopper carrying two bas- 
kets, suspended each by three cords from the ex- 
tremity of the yoke, and skilfully imitates the action 
of a man who is proceeding on a journey. The 
other is from a Greek painted vase, 3 and, under the 
disguise of a satyr, shows the mode in which lambs 




and other viands were sometimes carried in pre- 
paring for a sacrifice to Bacchus. In the collection 
of antique gems at Berlin there are no less than 
four representations of men carrying burdens in this 
manner.* 

Aristotle 5 has preserved an epigram of Simonides, 
which was probably inscribed upon the base of a 
etatue erected at Olympia to the individual whom 
it celebrates. It begins thus : 

Tlpoade fiev a//0' upoiaiv ix C)V Tprjxelav aalTJkav, 
'Ixdvg e£ 'Apyovg elg Teyiav efepov. 

This poor man, who had formerly obtained his living 
by bearing " a rough yoke" upon his shoulders, to 
carry fish all the way from Argos to Tegea, at 
length immortalized himself by a victory at the 
Olympic games. 6 

1. (c. 21.) — 2. (Wilkinson, Manners and Customs of Ancient 
Egypt, vol. ii., p. 5, 99, 137, 138.)— 3. (Sir W. Hamilton's Va- 
ses, ii., 40.) — 4. (Winckelmann, Pierres gravees du Baron de 
Stosch, p. 517.)— 5. (Rhet., '., 7.)— 6. (Anthol. Oraec, i., 80, ed. 
Jacobs.) 

114 



Aristophanes calls this implement uvufyopov : ne 
introduces upon the stage a slave carrying a heavy 
load by means of it ; and he describes the act of 
transferring it from one shoulder to another by the 
phrase fiera6aX?i6/j.evog ruvdfiopov. 1 

*ASFLUS, a sppcies of Gadfly or Horsefly, ac- 
customed to sting cattle. Virgil 2 makes it the same 
with the olarpog of the Greeks, and Varro 3 gives to 
it the name of Tabanus. Pliny, 4 on the other hand 
informs us that it was called both tabanus and asi- 
lus. As in Latin, so in Greek there are two names, 
olarpog and fivoip. Bochart 5 and Aldrovandi 6 have 
proved very satisfactorily, that by the Greek poets 
and writers on Belles Lettres these two terms were 
used indiscriminately, but that Aristotle and other 
writers on matters of science apply the former 
{olarpog ) to a species of gadfly, meaning, very prob- 
ably, the (Esirus bovis or Breeze, and the latter to a 
species of horsefly, the Tabanus bovinus. This Ad- 
ams considers the most satisfactory account of the 
matter; he deems it right, however, to mention, 
that Schneider, treating of the fivuf of ^Elian, pro- 
fesses himself unable to determine whether it wa3 
a species of (Estrus, Tabanus, or Hippobosca; and in 
another place he offers it as a conjecture, that the 
olarpog of Aristotle was a species of Culex, or gnat. 
It seems agreed that the Asilus of Virgil was the 
Breeze. 7 Martyn 8 gives a description of the Asillo, 
which he takes to be the same with the Asilus, 
from an Italian author. He represents it as "in 
shape somewhat resembling a wasp or wild bee. 
It has two membranaceous wings, with whic'" it 
makes a loud whizzing. The belly is terminated by 
three long rings, one less than the other, from the 
last of which proceeds a formidable sting. This 
sting is composed of a tube, through which the egg 
is emitted, and of two augers, which make way fin 
the tube to penetrate into the skin of the cattle. 
These augers are armed with little knives, which 
prick with their points and cat with their edges, 
causing intolerable pain to the animal that is wound- 
ed by them. But this pain is not all ; for at the 
end of the sting, as at the end of a viper's tooth, 
and of the sting of wasps, bees, and hornets, issues 
forth a venomous liquor, which irritates and inflames 
the fibres of the wounded nerves, and causes the 
wound to become fistulous. This fistula seems to 
be kept open by the egg, after the manner of an 
issue. The egg is hatched within the fistula, and 
the worm continues there till it is ready to turn to 
a chrysalis, receiving its nourishment from the 
juice which flows from the wounded fibres. These 
worms remain for nine or ten months under the 
skin, and then, being arrived almost to perfectior 
they come out of their own accord, and creep into 
some hole or under some stone, and there enter 
into the state of a chrysalis, in which condition 
they lie quiet for some time, and at last come forth 
in the form of the parent fly." 

*ASTNUS. (Vid. Onos.) 

*ASPAL'ATHUS {uairdladog), a species of thoi- 
ny shrub, bearing a flower which some call the Rose 
of Jerusalem, or Lady's Rose. Much uncertainty, 
however, exists on this point. " The Aspalathus," 
says Charras, 9 " is the wood of a thorn-tree or bush, 
in virtues, taste, smell, and figure much resembling 
Lignum aloes." Matthiolus is at great pains to 
prove that it is not the Santalum rubrum. Spren- 
gel, in the first edition of his R. H. H.. holds it to 
be the Genista aspalatho'ides, but in his edition of 
Dioscorides he inclines to the Cytisus laniger, 

1. (Ran., 8.— Eccles., 828.— Schol. in loc.)— 2. (fteorg., iii.. 
148.)— 3. (De Re Rust., ii., 5.)— 4. (H. N., xi., 28.)— 5. (Hier..' 
lib. iv., col. 546.) — 6. (De Insect., lib. iii.) — 7. (Adams, Append., 
e. v.— ^Elian, N. A , vi., 37.— Aristot.,H. A., i., i.) — 8. (InVirg- 
Georg., iii., 148.)— 9. (Royal Pharmacop., s. v.) 



ASPIS. 



ASSESSOR. 



t/and. In Ihe works of the Arabian writers on 
Husbandry, it is said that the Aspalathus has a pur- 
ple flower and an acid taste, and has no fruit. Ac- 
cording to Maeris Atticista, the Attics used uandl- 
adoL for uKavdai * f the other Greeks. We may con- 
clude, then, that it was often applied loosely to all 
kinds of thorns.' The rind of the root of the As- 
palathus yielded an aromatic oil. 

♦ASP'ALAX (dcn-iAaO, a species of Mole, called 
OTruXat; by Aristotle, 3 Girdluijj by Aristophanes, 3 
and at<jyvevc by Lycophron.* It is generally set 
down as being the Talpa Europea, L., or common 
Mole ; bat it is deserving of remark, that Olivier, 
in his Travels, has described a species or variety 
of mole found in Asia Minor, which, Dr. Trail of 
Edinburgh thinks, answers better to Aristotle's de- 
scription than the common mole. Aristotle was 
aware that the Mole is not blind, although it has 
very small eyes. 5 

*ASPAR'AGUS (dondpayoe or da<j>dpayoc), the 
Asparagus, a well-known vegetable. Theophras- 
tus* remarks that Asparagus has thorns in place of 
leaves, so that it is easy to perceive he means the 
Asparagus aphyllus, L. The wild Asparagus, called 
uvdnavdoc by the Greeks, and corruda by the Ro- 
mans, was more used in medicine. The Greeks 
also applied the term doirdpayoc to all tender stalks 
or stems shooting up for the production of fruit or 
seed. 7 — The Attics wrote dacpdpayoc with the aspi- 
rated letter, as the grammarians and also Galen in- 
form us. 8 The common name at present in Greece 
is arrapuyyc or crcapayyia. 

*ASPHALT'US. (Vid. Bitumen.) 

♦ASPHOD'ELUS (dofyodelog), a plant, called by 
Apuleius " Hastula regia," and hence its English 
name, " King's Spear." According to Sprengel, the 
cc(j>6de?»oc of Galen is the Ornithogalum Stachyoides ; 
ba" that of Theophrastus and Dioscorides the -4s- 
phodelus ramosus, L. This is the famous herb 
which Homer represents as growing in the meads 
of Elysium. Eustathius 9 mentions that it was fre- 
quently planted in the neighbourhood of sepulchres. 
The common name of the Ornithogalum is the Star 
of Bethlehem. — The Asphodelus was used as a pot- 
herb in the time of Hesiod. 10 According to Sibthorp, 
the common name for this plant at the present day 
is dc(p6deXu. In Laconia it is termed oTzovpdaKvha, 
in Attica KapadovKi. 

*ASPIS (dojvig), I. the Asp, a species of noxious 
serpent often mentioned by both Greek and Roman 
writers ; and from the discrepances which are ob- 
servable in the accounts given by different authors, 
it would seem that several different species of poi- 
sonous serpents were known to the ancients under 
this common name. Galen, in fact, and the other 
medical authorities, describe three varieties of the 
Asp, namely, the Ptyas, Chersaea, and Chelidonia. 11 
./Elian, however, affirms that the Egyptians distin- 
guished sixteen varieties of it. 13 " From various 
circumstances, and particularly from the descrip- 
tion of Pliny, 18 it is evident that the most common 
and celebrated of the Asp species was that to which 
the modern Arabs give the name of El Haje, or 
Haje Nascher. This animal measures from three to 
nve feet in length : it is of a dark green colour, 
marked obliquely with bands of brown ; the scales 
of the neck, back, and upper surface of the tail are 
slightly carinated, and the tail is about one fourth 
part the length of the whole body. The haje is 
closely allied to the cobra capcllo, or spectacled 

1. (Dioscor., i., 19. — Theophrast., H. P., ix., 7. — Adams, Ap- 
pend s. v.)— 2. (H. A., iv., 7.)— 3. (Acharn., 879.)— 4. (Cas- 
sandr., 121.)— 5. (Adams, Append., s. v.)— 6. (H. P., i., 16.)— 
7. (Galen, de Alim. far., ii., 58.)— 8. (Schneider, Gr. D. Wort., 
«. v.)— 9. (In Od, xi., 538.) -10. (Op. et D., 41— Adams, Ap- 
pend., s. v.— Billerbeck, Flora Classica, p. 92.)— 11. (Theriaca 
»d Pisjnes.)— 12. (N. A , x.. 31.)— 13. (H. N., viii., 35.) 



snake of India, the chief apparent difference being 
its want of the singular yellow mark on the back ol 
the neck, from which the latter species derives its 
name. In other respects these two serpents are 
nearly of the same size ; they are equally venomous, 
and both have the power of swelling out the neck 
when irritated, and raising themselves upright upon 
their tails, to dart by a single bound upon their ene- 
mies. The poison of the Asp is of the most deaoly 
nature. The habit which this serpent has of erect- 
ing itself when approached, made the ancient Egyp- 
tians imagine that it guarded the places which it 
inhabited. They made it the emblem of the divin- 
ity whom they supposed to protect the world ; and, 
accordingly, they have represented it on their tem- 
ples, sculptured on each side of a globe." 1 — II. (Vid. 
Clipeus ) 

'ASPLE'NIUM (don7jviov), a plant, which Spren- 
gel follows Tragus in referring to the Asplenium ce- 
terach, or, as he proposes to call it, Gymnogramma 
ceterach, our Spleenwort or Milkwaste. He admits 
that he could not ascertain the origin of the term 
ceterach. Miller, however, says " the word ceterach 
is Arabic." 2 The Asplenium took its name from 
its supposed utility in disorders of the spleen. 
ASSA'RIUS NUMMUS. (Vid. As.) 
ASSERES LECTICA'RII. (Vid. Lectica.) 
ASSERTOR or ADSERTOR contains the same 
root as the verb adserere, which, when coupled with 
the word manu, signifies to lay hold of a thing, to 
draw it towards one. Hence the phrase adserere in 
libertatem, or liberali adserere manu, applies to him 
who lays his hand on a person reputed to be a slave, 
and asserts or maintains his freedom. The person 
who thus maintained the freedom of a reputed slave 
was called adsertor, 3 and by the laws of the Twelve 
Tables, it was enacted in favour of liberty, that such 
adsertor should not be called on to give security irj 
the sacramenti actio to more than the amount of l. 
asses. The person whose freedom was thus claim- 
ed was said to be adsertus. The expressions liber- 
alis causa and liberalis manus, which occur in class- 
ical authors in connexion with the verb adserere, 
will easily be understood from what has been said. 4 
Sometimes the word adserere alone was used as 
equivalent to adserere in libertatem. 5 

The expression asserere in servitutem, to claim a 
person as a slave, occurs in Livy. 6 

ASSESSOR or ADSESSOR, literally one who 
sits by the side of another. The duties of an as- 
sessor, as described by Paulus, 7 related to " cogni- 
tiones, postulationes, libelli, edicta, decreta, episto- 
lie ;" from which it appears that they were employ- 
ed in and about the administration. of law. The 
consuls, praetors, governors of provinces, and the 
judices, were often imperfectly acquainted with the 
law and the forms of procedure, and it was neces- 
sary that they should have the aid of those who had 
made the law their study. The praefectus praetorio 
and praefectus urbi, and other civil and military 
functionaries, had their assessors. An instance is 
mentioned by Tacitus 8 of the Emperor Tiberius as- 
sisting at the judicia (judiciis adsidebat), and taking 
his seat at the corner of the tribunal ; but this pas- 
sage cannot be interpreted to mean, as some persons 
interpret it, that the emperor sat there in the char- 
acter of an assessor, properly so called : the remark 
of Tacitus shows that, though the emperor might 
have taken his seat under the name of assessor, ho 
could be considered in no other light than as the 
head of the state. 



1. (Penny Cyclopaedia, vol. ii., p. 487.) — 2. (Dioscorides, iii., 
141. — Adams, Append., 3 v.) — 3. (Gaius, iv., 14.) — 4. (Terent , 
Adelph., II., i., 40.— Plaut., Poen., IV., ii., 83.— Vid. etiam Dig 
40, tit. 12, De liberali Causa.)— 5. (Cic, pro Flare, c. 17.)— A 
(iii., 44 ; /xxiv., 18.)— 7. (Dig. 1, tit 21, s. 1.)— 8. (Ans i . 75 ) 

115 



ASTER ATTICUS. 



ASTRAGALUS. 



The Emperor Alexander Severus gave the as- 
sessors a regular salary. 1 Freedmen might be 
assessores. In the later writers the assessores are 
mentioned under the various names of conciliarii, 
juris studiosi, comites, &c. The studiosi juris, men- 
tioned by Gellius 3 as assistant to the judices (quos 
adhibere in consilium judicaturi solent), were the as- 
sessores. Sabinus, as it appears from Ulpian, 3 
wrote a book on the duties of assessors. The as- 
sessors sat on the tribunal with the magistrate. 
Their advice or aid was given during the proceed- 
ings as well as at other times, but they never pro- 
nounced a judicial sentence. As the old forms of 
procedure gradually declined, the assessores, ac- 
cording to the conjecture of Savigny,* took the 
place of the judices. 

♦ASSTUS LAPIS ("Aoaioc Udoc), a kind of stone, 
deriving its name from Assos, a city in the Troad. 
Such, at least, is the account of Pliny. 5 Dioscori- 
des, 6 however, calls it 'Aatof "kidoc, and Celsus 7 
Lapis Asius, the Asian Stone ; the last-mentioned 
author appearing to derive its name from Asia gen- 
erally. All these writers agree in classing it with 
the stones which, from their consuming the bodies 
of the dead enclosed within them, were called sar- 
cophagi (aapKoyayoi). The Assian stone was char- 
acterized by a laminated structure, a saline efflo- 
rescence of a sharp taste, and its styptic properties. 8 
Galen, in describing this stone, says that it is of a 
spongy substance, light and friable ; that it is cov- 
ered with a farinaceous kind of powder, called the 
Flower of the Assian stone ; that the molecules of 
this flower are very penetrating ; that they consume 
flesh ; and that the stone has a similar property, but 
in a less degree. This efflorescence had, moreover, 
a saline taste. Galen adds, that it was of a yellow 
or whitish colour, and that, when mixed with resin 
of turpentine or with tar, it removed tubercles. 
Piiny repeats almost the same account. 9 

*AST'ACUS (daraKog), a sea animal, described 
by Aristotle, Galen, Oppian, iElian, and others. It 
belongs to the class Crustacea, and is called Gram- 
maro by the Italians, Homar by the French, and 
Craw-fish by the English. It is the Astacus fluvia- 
lis, L. Cuvier has shown that it is the Elephantus 
of Pliny. 10 

*ASTER {a<7T7ip). I. A species of bird, most 
probably the Fringilla rubra, or Smaller Redpole. — 
II. The genus Stella, or Star-fish. It has been va- 
riously classed under Zoophyta, Mollusca, and 
Crustacea, by both ancient and modern naturalists. 
— III. One of the varieties of the Samian earth was 
also called by this name. (Vid. Samia Terra.) . 

* ASTER ATTICUS (Aarr/p 'Attlkoc), a plant. 
According to Apuleius, the Asterion, Asteriscon, 
Aster Atticus, and Inguinalis, are synonymous. 
Stackhouse and Schneider farther identify the aorep- 
igkoc of Theophrastus with it. Martyn is at great 
pains to prove that the " Amellus'" of Virgil is the 
Aster Atticus. Botanists accordingly give to the 
Italian blue Starwort the name of Aster amellus. 
The flower of the Aster has its leaves radiated like 
a star, whence its name (aarrip, " a star"). This 
plant was employed in swellings of the groin, 
whence the names of Inguinalis and Bubonium 
that were sometimes applied to it. Another ancient 
appellation, Amellus, was derived from that of the 
river (the Mela, in Cisalpine Gaul) on the banks of 
which this plant grew very abundantly. The root 
of the Aster, cooked in old Aminaean wine, is men- 
tioned by Columella as a good remedy for sickness 



1. (Lamprid., Alex. Sev., 46.)— 2. (xii., 13.)— 3. (Dig. 47, tit. 
10, s. 5.)— 4. (Geschichte des Rom. Rechts im Mittelalter, i., 
79.)— 5. (Plin., H. N., xxxvi., 27.)— 6. (v., 141, 142.)— 7. (iv., 
•24.)— 8. (Moore's Anc. Miaeral., p. 127.)— 9. (Galen, Sympt. 
Med. Fac, lib. ix.) — 10. (Adams, Append., s v ) 
116 



among bees. The Aster grows in the valleys m.u 
on the hills of Italy and Sicily, frequently in a wild 
state. Sib thorp found it also near Athens. 1 It 
used to grow abundantly in Attica. 

*ASTER'IA, a gem, mentioned by Pliny, which 
came from India and from Carmania. It derived 
its name from its starlike lustre when exposed to 
the rays of the sun. Mineralogists make it to have 
been that variety of opal which is called girasole, 
from its reflecting a reddish light when turned to- 
wards the sun. Pliny describes it as difficult to 
engrave; " the difficulty," observes Dr. Moore, 
" arising probably, not from its hardness, but from 
the numerous minute fissures which traverse opal 
in all directions, and to which it is supposed to owe 
the playful variation of its colours." 2 

*ASTRIOS, a gem mentioned by Pliny, and 
which occurred in India and on the shores of Pal- 
lene, but of the best quality in Carmania. The 
Roman writer describes it as shining "from a point 
within it like a star, with the brightness of the full 
moon." Dr. Moore considers Werner's opinion the 
most probable, that it is the same with the moon- 
stone of Ceylon. 3 

ASTRAG'ALUS, an astragal, one of the mould 
ings in architecture, more especially characteristic 
of the Ionic order. 

The astragal is always found as the lowest .mem- 
ber of the Ionic capital, forming the division be- 
tween it and the fluted shaft of the column. Of 
this we have a beautiful example in the remains ol 
the Temple of Bacchus at Teos, which, as we are 
informed by Vitruvius, 4 was built by Hermogenes 
of Alabanda, one of the most celebrated of the an- 
cient architects, and of which he wrote a full 
description. One of the capitals of this temple is 
shown in the annexed woodcut. Above the astra- 
gal we see the echinus, and on each side of it the 
volute, to which is added an ornament in imitation 
of the aplustre of a ship. (Vid. Aplustre.) 

The astragal was used with a beautiful effect not 
only in Ionic, but also in Corinthian buildings, to 
border or divide the three faces of the architrave ; 
and it was admitted under an echinus to enrich the 
cornice. The lower figure in the woodcut shows a 
small portion of the astragal forming the upper edge 
of an architrave, which is now in the British Mu- 
seum, and which was part of the Temple of Erech- 
theus at Athens. It is drawn of the same size as 
the marble itself. The term astragalus, employed 
by Vitruvius, 5 was no doubt borrowed from Hermo 



VwM^mw^W/wW 





genes and other Greek writers on architecture. 1» 
denoted a bone in the foot of certain quadrupeds, 
the form and use of which are explained under the 
corresponding Latin term Talus. A number of 

1. (Dioscor., iv., 118. — Martyn in Virg-., Georg-., iv., 271. — 
Adams, Append., s. v. — Columella, ix., 13, 8. — Billerbeck, Flora 
Classica, p. 216.)— 2. (Plin., H. N., xxxvii., 47.— Moore's Anc 
Mineralogy, p. 171.) — 3. (Plin., H. N., xxxvii., 48. — Jameson's 
Mineralogy, i., 362. — Moore's Anc. Mineral., p. 172.) — 4. (iv., 3 
1 ; vii., Pnef 12, ed. Schneider.)— 5. (iii. 5, 3; iv., f, 2, 3.) 



ASYLLM 



ASYLUM. 



tuese bones, placed in a row, wouM present a suj- 
cession of oval figures alternating with angular 
projections, which was probably imitated in this 
moulding by the inventors of the Ionic order. The 
moulding afterward retained the same name, not- 
withstanding great alterations in its appearance. 
Vitruvius speaks of the "astragali" in the base of 
tht Ionic column. These were plain semicircular 
mcaldings, each of which resembled the torus, ex- 
cept in being very much smaller. (Vid. Spira.) 

ASTPATEI'AS rPA$H (aaTpareiac ypacpi]) was 
the accusation instituted against persons who failed 
to appear among the troops after they had been 
enrolled for the campaign by the generals. 1 Any 
Athenian citizen ot the military age seems to have 
been liable to be called upon for this service, with 
the exception of Choreutae, who appear to have 
been excused when the concurrence of a festival 
and a campaign rendered the performance of both 
duties impossible, 2 and magistrates during their year 
of office, and farmers of the revenue, though the 
case cited in Demosthenes 3 suggests some doubts 
as to how far this last excuse was considered a 
sufficient plea. We may presume that the accuser 
in this, as in the similar action for leaving the ranks 
{lELTzora^Lov), was any citizen that chose to come 
forward (6 fiov'k6[ievoe, olc k^eari), and that the 
court was composed of soldiers who had served in 
the campaign. The presidency of the court, ac- 
cording to Meier, belonged to the generals.* The 
defendant, if convicted, incurred disfranchisement 
— u-ifiia,* both in his own person and that of his 
descendants ; and there were very stringent laws 
to punish them if they appeared at the public sacra, 
lo which even women and slaves were admitted. 6 

*ASTUR, the Falco Palumbarius, or Goshawk. 
\Vid. Hie rax.) 

*ASTURCO, a jennet, or Spanish horse. (Vid. 
Lquus.) 

ASTYN'OMI ( uGTwopot ), or street police of 
Athens, were ten in number, five for the city, and 
as many for the Peirceus. Aristotle (as quoted by 
Harpocrat., s. v.) says that they had to attend to 
the female musicians, to the scavengers, and such 
like. In general, they had to take care of public 
decorum : thus they could punish a man for being 
indecently clad. 7 It would seem, from what Aris- 
totle says, 8 and from the functions which Plato 
assigns to his astynomi, 9 that they had also the 
charge of the fountains, roads, and public buildings; 
and it is supposed that Plutarch's words, 10 ore ruv 
'Adfjvrjaiv vddruv tmaTarrjc rjv, mean "when he 
was astynomus." The astynomi and agoranomi di- 
vided between them most of the functions of the 
Roman aediles. The astynomi at Thebes were 
called Te2.ea.pxoi. 11 (Vid. Agoranomi.) 

ASY'LUM (aavlov). In the Greek states, the 
temples, altars, sacred groves, and statues of the 
gods generally possessed the privilege of protecting 
slaves, debtors, and criminals, who tied to them for 
refuge. The laws, however, do not appear to have 
recognised the right of all such sacred places to 
afford the protection which was claimed, but to 
have confined it to a certain number of temples or 
altars, which were considered in a more especial 
manner to have the davXla, or jus asyli. 12 There 
were several places in Athens which possessed this 
privilege, of which the best known was the The- 
seum, or Temple of Theseus, in the city, near the 

1. (Lys. in Ale, i., 521.)— 2. (Petit., 664.)— 3. (Near., 1353, 
24.)-4. (Att. Process, 363, 133.)— 5. (Andoc., De Myst., 35.)— 
6. (^Esch. in Ctes., 73.— Demosth. in Timocr., 733, 11.)— 7. 
(Diog. Laert., vi., 90.)— 8. (Polit., vi., 8, t) 4, 5.)— 9. (Legg., vi., 
p. 763.)— 10. (Themist., c. 31.)— 11. (Plutarch, Reip. ger. Pre- 
cept., p. 811, B.) — 12. (" Non fuit asylum in omnibus temphs 
nisi quibus consecrationis lege concessum esset:" Servius in 
Vug., JEn.. ii.. 761 ) 



gymnasium, which was chiefly intended /or tht. 
protection of the ill-treated slaves, who could take 
refuge in this place, and compel their masters to 
sell them to some other person. 1 The other plav'es 
in Athens which possessed the jus asyli were, the 
altar of pity, e?Jov fiufwc,* which was situated in 
the agora, and was supposed to have been built by 
Hercules ; s the altar of Zeus 'Ayopaloq ; the altars 
of the twelve gods ; the altar of the Eumenides on 
the Areiopagus ; the Theseum in the Piraeus ; and 
the altar of Artemis at Munychia.* Among the 
most celebrated places of asylum in other parts of 
Greece, we may mention the Temple of Poseidon 
in Laconia, on Mount Taenarus ; 5 the Temple of 
Poseidon in Calauria ; 6 and the Temple of Athena 
Alea in Tegea. 7 

It would appear, however, that all sacred places 
were supposed to protect an individual to a certain 
extent, even if their right to do so was not recogni- 
sed by the laws of the state in which they were sit- 
uated. In such cases, however, as the law gave no 
protection, it seems to have been considered lawful 
to use any means in order to compel the individuals 
who had taken refuge to leave the sanctuary, ex- 
cept dragging them out by personal violence. Thus 
it was not uncommon to force a person from an al- 
tar or a statue of a god by the application of fire. 
We read in the Andromache of Euripides, 8 that Her- 
mione says to Andromache, who had taken refuge 
at the statue of Thetis, 7rt5p col 7rpoao1.au : on which 
passage the scholiast remarks, " that it was the cus- 
tom to apply fire to those who fled to an altar." 9 
In the same manner, in the Mostellaria of Plautus, 10 
Theuropides says to the slave Tranius, who had 
fled to an altar, " Jamjubelo ignem et sarmenta, car- 
nifex, circumdari." 

In the time of Tiberius, the number of places pos- 
sessing the jus asyli in the Greek cities in Greece 
and Asia Minor became so numerous as seriously 
to impede the administration of justice. In conse- 
quence of this, the senate, by the command of the 
emperor, limited the jus asyli to a few cities, but 
did not entirely abolish it, as Suetonius 11 has erro- 
neously stated. 12 

The asylum which Romulus is said to have open- 
ed at Rome to increase the population of the city, 13 
was a place of refuge for the inhabitants of other 
states rather than a sanctuary for those who had 
violated the laws of the city. In the republican and 
early imperial times, a right of asylum, such as ex- 
isted in the Greek states, does not appear to have 
been recognised by the Roman law. Livy seems 
to speak of the right 1 * as peculiar to the Greeks : 
" Templum est Apollinis Dclium — eo jure sancto quo 
sunt templa qua, asyla Graci appellant" By a con- 
stitute of Antoninus Pius, it was decreed that, if a 
slave in a province fled to the temples of the gods 
or the statues of the emperors to avoid the ill-usage 
of his master, the praeses could compel the master 
to sell the slave ; 15 and the slave was not regarded 
by the law as a runaway — -fugilivus. 16 This con- 
stitute of AntDninus is quoted in Justinian's Insti- 
tutes, 17 with a slight alteration ; the words ad adem 
sacramare substituted for ad f ana deorum, since the 
jus asyli was in his time extended to churches. 
Those slaves who took refuge at the statue of an 

1. (Plutarch, Theseus, c. 36.— Schol. in Aristoph- . Equit., 
1309.— Hesvch. et Suid., s. v. Qrjarjov.)— 2. (Pausan., i., 17, $ 
1.)— 3. (Servius in Virg.,JEn., viii., 342.) — 4. (Ovx*v Movvvxia 
iKaQVLtTo : Demosth., De Cor., p. 262.— Petit., Legg. Att., p. 77- 
82.— Meier and Schumann, Att. Process, p. 404.)— 5. (Thucyd., 
i., 128, 133.— Corn. Nep., Pausan., c. 4.)— 6. (Plutarch, De- 
mosth., c. 29.)— 7. (Pausan., iii., 5, $ 6.)— 8. (1. 256.)— 9- 
(Compare Eurip., Hercul. Fur., 1. 242.)— 10. (V., i., 65.)— 11 
(Tib., 37.)— 12. ( Vid. Tacit., Ann., iii., 60-63 ; iv., 14 — Ernesti 
Excurs. ad Suet., Tib., c. 37.)— 13 (Liv., i., 8.— Virg., ^En., vm 
342.— Dionys., ii., 15.) — 14. (xx.xv.. 51.)— 15. (Gaius, i., 53 »- 
6. (Dig. 21, tit. 1, s. 17, » 13.)— 17. fi., tit. 8, s. 2.) 
° 117 



ATELLANAE FABUL.^. 



ATE^LANJS FABUL-E 



emperor w ere considered to inflict disgrace on their 
master, as it was reasonably supposed that no slave 
would take such a step unless he had received very 
bad usage from his master. If it could be proved 
that any individual had instigated the slave of an- 
other to flee to the statue of an emperor, he was 
liable to an action corrupti servi. 1 The right of 
asylum seems to have been generally, but not en- 
tirely, confined to slaves. 3 

The term uavV.a was also applied to the security 
from plunder (aav'kia nal Kara yrjv nal Kara -&d2,aa- 
oav) which was sometimes granted by one state to 
another, or even to single individuals. 3 

ATELEFA (ariXeia), immunity from public bur- 
dens, was enjoyed at Athens by the archons for the 
time being ; by the descendants of certain persons, 
on whom it had been conferred as a reward for 
great services, as in the case of Harmodius and 
Aristogeiton ; and by the inhabitants of certain for- 
eign states. It was of several kinds : it might be 
a general immunity (areXeta uiravruv), or a more 
special exemption, as from custom-duties, from the 
liturgies, or from providing sacrifices (ariXeca le- 
owv*). The exemption from military service was 
also called a.Te2.eia. a 

ATELLA'NJS FABUL^E. The Atellane plays 
were a species of farce or comedy, so called from 
Atella, a town of the Osci, in Campania. From 
this circumstance, and from being written m the 
Oscan dialect, they were also called Ludi Osci. 
Judging from the modern Italian character and 
other circumstances, it is not unreasonable to sup- 
pose that they were at first, and in their native 
country, rude improvisatory farces, without dra- 
matic connexion, but full of raillery and wit, sug- 
gested by the contemporary events of the neigh- 
bourhood. However this may be, the "Atellane 
fables" at Rome had a peculiar and dramatic char- 
acter. Thus Macrobius 6 distinguishes between 
them and the less- elegant mimes of the Romans : 
the latter, he says, were acted in the Roman lan- 
guage, not the Oscan ; they consisted of only one 
act, whereas the Atellane and other plays had five, 
with laughable exodia or interludes ; lastly, as he 
thought, they had not the accompaniment of the 
flute-player, nor of singing, nor gesticulation (motus 
corporis). One characteristic of these plays was 
that, instead of the satyrs and similar characters 
of the Greek satyric drama, which they in some re- 
spects resembled, they had Oscan characters drawn 
from real life, speaking their language, and person- 
ating some peculiar class of people in a particular 
locality. Such, indeed, are the Harlequin and Pul- 
cinello of the modern Italian stage, called maschere 
or masks, and supposed to be descended from the 
old Oscan characters of the Atellanae. Thus, even 
now, zanni is one of the Harlequin's names, as san- 
nio in the Latin farces was the name of a buffoon, 
who had his head shorn, and wore a dress of gay 
patchwork ; and the very figure of Pulcinello is 
said to have been found in the stucco painting of 
Pompeii, in the old country of the Atellanae. 7 On 
this subject Lady Morgan 8 speaks as follows : " The 
Pulcinello of Italy is not like the Polichinel of Paris, 
or the Punch of England ; but a particular charac- 
ter of low comedy peculiar to Naples, as Pantalone 
ts of Venice, II Dottore of Bologna. Their name 
of Maschere comes from their wearing masks on 
the upper part of their faces. They are the remains 
of the Greek and Latin theatres, and are devoted to 
the depicting of national, or, rather, provincial ab- 

1 (Dig. 47, tit. 11, s. 5.)— 2. (Dig. 48, tit. 19, s. 28, <) 7.)— 3. 
(Vid. Buckh, Corp. Inscript., i., p. 725.) — 4. (Vid. Demosth., c. 
I.ept., $ 105, Wolf.— BiSckh. Corp. Inscript., i., p. 122.)— 5. (De- 
jiosth. c Neser., p. 1353, 23.)— 6. (Saturn., lib. iii.)— 7. (Schle- 
gel on Drain. Lit., lect. vi\\.) — 8. (Italy, r. 24.) 
lis* 



surdities and peculiarities." Again, at Cologne oi 
Koln, famous for its connexion with the Romans, 
there still exists a puppet theatre (Puppen Theater), 
where droll farces are performed by dolls, and the 
dialogue, spoken in the patois or dialect of the coun 
try, and full of satirical local allusions, is carried on 
by persons concealed. 1 

These Atellane plays were not prcetextatce, i. r » 
comedies in which magistrates and persons of rank 
were introduced ; nor tabernarice, the character* in 
which were taken from low life : " they rather seem 
to have been a union of high comedy and its paro- 
dy." They were also distinguished from the mimes 
by the absence of low buffoonery and ribaldry, being 
remarkable for a refined humour, such as could be 
understood and appreciated by educated p' ople. 
Thus Cicero 2 reproaches one of his correspondents 
for a coarseness in his joking, more like the ribaldry 
of the mimes than the humour of the Atellane fa- 
bles, which in former times were the afterpiece in 
dramatic representations (secundum (Enomaum Alli- 
cum, non ut olim solebat Atellanum, sed ut nunc fit, 
mimum introduxisti). This statement of Cicero 
agrees with a remark of Valerius Maximus, 3 that 
these plays were tempered with an Italian severity 
of taste ; and Donatus also* says of them, that they 
were remarkable for their antique elegance, i. e., not 
of language, but of style and character. This sug- 
gests an explanation of the fact that Atellanae were 
not performed by regular actors (histriones), but by 
Roman citizens of noble birth, who were not on 
that account subjected to any degradation, but re- 
tained their rights as citizens, and might serve in 
the army. 5 This was not the case with other act- 
ors, so that the profession was confined to foreign- 
ers or freedmen. Niebuhr, however, is of opinion, 
that all the three kinds of the Roman national dra- 
ma, and not the Atellanae only, might be represent- 
ed by well-born Romans, without the risking of their 
franchise. 6 

The Oscan or Opican language, in which these 
plays were written, was spread over all the south 
of Italy ; and as some inscriptions in it are intelli- 
gible to us, we cannot wonder that plays written in 
Oscan were understood by the more educated Ro- 
mans. One peculiarity of it was the use of p for 
qu : thus, pid for quid. 7 

However, in one part of these plays, called the 
canticum* the Latin language, and sometimes the 
Greek, 9 was used. Thus we are told 10 that one of 
these cantica opened with the words Venit Io simius 
a villa, "The baboon is come from his country- 
house ;" and as Galba was entering Rome at the 
time, the audience caught up the burden of the 
song, joining in chorus. It might be thought that 
this is true only of the time of the emperors ; but 
we find that, even before then, the Latin language 
was used, as in the instances given below, and that, 
too, in other parts besides the canticum. In con- 
nexion with this, it may be remarked, that, like ev- 
erything else at Rome, the Atellanae degenerated 
under the emperors, so as to become more like the 
mimes, till they were at last acted by common 
players. 

They were written in verse, chiefly iambic, with 
many trisyllabic feet. Lucius Sulla, the dictator, is 
believed to have written plays of this sort from a 
statement in Athenaeus, 11 that he wrote satirical 
comedies in his native, i. e.,the Campanian dialect. 11 
Quintus Novius, who flourished about fifty Years af- 

1. (Murray's Handbook.)— 2. (ad Fam., ix., 16.)— a (ii., 1.) 
4. (Vita Terent.) — 5. (Liv., vii., 2.) — 6. (Hist. Rom., vol. i., p 
520, transl.) — 7. (Nieb., Hist. Rom., vol. i., p. 68.) — 8. (Herm., 
Opusc, i., 295, De Fabula Togata.)— 9. (Suet., Nero, c. 39.)- 
10. (Suet., Galba, c. 13.) — 11. (vi., p. 261.) — 12. (ZaTvpixai 
Kwyiy&iai Tfj irarpiip <pm>jj : Herm., Opusc., v., De Fab T«» x 



ATHERINA. 



ATHLETJ3. 



ter Sulla's abdication, is said to have written about 
fifty Atellane plays ; the names of some of these 
have come down to us, as Macchus Exul, or "Mac- 
chus in Exile ;" Gallinaria, or the " Poulterer ;" 
Vindemia tores, " the Vintagers ;" Surdus, the "Deaf- 
man ;" l'arcus, the "Thrifty-man ;" from this play 
has been preserved the line, " Quod magnopere qua- 
sivcrunt idfrunisci non queunt, Qui non parsit, apud 
se frunitus est." Fruniscor is the same as fruor. 1 

Lucius Pomponius, of Bononia, who lived about 
13.0. 90, wrote Macchus Miles, the Pseudo-Agamem- 
non, the Bucco Adoptatus, the JEditumus or Sacris- 
tan, &c. In the last the following verse occurred : 
" Qui postquam tibi appareo, atquc cedilumor in templo 
tuo." Appareo here means " to attend upon." The 
Macchus was a common character in these plays, 
probably a sort of clown ; the Bucco or Babbler was 
another. 2 These plays subsequently fell into neg- 
lect, but were revived by a certain Mummius, men- 
tioned by Macrobius, who does not, however, state 
the time of the revival. 

Subjoined is a specimen of Oscan, part of an in- 
scription found at Bantia, in Lucania, with the Latin 
interpretation written underneath : 

" In svae pis ionc fortis meddis moltaum herest 
Et si quis eum fortis magislratus multare volet, 
Ampert mistreis alteis eituas moltas moltaum li- 

citud 
Una cum magislris altis cerarii mulla multare licitoy 

Herest is supposed to be connected with x at PW E h 
meddis with piduv, ampert with afitynzepi. 

For additional specimens of Oscan, the reader is 
referred to Grotefend's Rudimenta Lingua Osca, 
from which is taken the example given above, and 
also the interpretation of it. The fragments of Pom- 
ponius have been collected and edited by Munk. 

ATHEN^ETJM, a school (ludus) founded by the 
Emperor Hadrian at Rome, for the promotion of 
literary and scientific studies {ingenuarum artium 3 ), 
and called Athenaeum from the town of Athens, 
which was still regarded as the seat of intellectual 
refinement. 4 The Athenaeum appears to have been 
situated in the Capitol. 5 It was a kind of universi- 
ty ; and a staff of professors, for the various branch- 
es of study, was regularly engaged. Under Theo- 
dosius II., for example, there were three orators, 
ten grammarians, five sophists, one philosopher, two 
lawyers or jurisconsults. 6 Besides the instruction 
given by these magistri, poets, orators, and critics 
were accustomed to recite their compositions there, 
and these prelections were sometimes honoured 
with the presence of the emperors themselves. 7 
There were other places where such recitations 
were made, as the Library of Trajan (vid. Bibli- 
otheca) ; sometimes, also, a room was hired, and 
made into an auditorium, seats erected, &c. {Vid. 
Auditorium.) The Athenaeum seems to have con- 
tinued in high repute till the fifth century. Little is 
known of the details of study or discipline in the 
Athenaeum, but in a constitution of the year 370, 8 
there are seme regulations respecting students in 
Rome, from which it would appear that it must have 
been a very extensive and important institution. 
And this is confirmed by other statements contained 
in some of the Fathers and other ancient authors, 
from which we learn that young men from all parts, 
after finishing their usual school and college studies 
in their own town or province, used to resort to 
Rome, as a sort of higher university, for the pur- 
pose of completing their education. 

♦ATHERI'NA {atteplvn), a species of small fish, 
supposed to be the Athcrina Hepsetus, L., but uncer- 

1. (Aulus Gellius, xvii., 2.)— 2. (Facciolati, s. v. Bucco and 
Macchus.) — 3. (Aurelius Victor, c. 14, 2.)— 4. (Dion, lxxiii., p. 
8*8, E.)— 5. (Cod. xi., tit. 18.)— 6. (Dion, lxxiii., p. 838, E.)— 
7 (Laniprid., Alex., c. 35.) — 8. (Cod. Theodos., xiv., p, 9, t> 1 ) 



tain. Pennant says it is common on the coast of 
Southampton, where it is called a smelt. It is about 
four inches long. The Atherina is mertioned by 
Aristotle and Oppian. 1 

ATHLE'TiE (adXnrai, udXnr^pec) were persons 
who contended in the public games of the Greeks 
and Romans for the prizes (dd'Aa, whence the name 
of ddXnrai), which were given to those who con 
quered in contests of agility and strength. This 
name was, in the later period of Grecian history 
and among the Romans, properly confined to those 
persons who entirely devoted themselves to a course 
of training which might fit them to excel in such 
contests, and who, in fact, made athletic exercises 
their profession. The athletae differed, therefore, 
from the agonistae (dyuv carat), who only pursued 
gymnastic exercises for the sake of improving their 
health and bodily strength, and who, though they 
sometimes contended for the prizes in the public 
games, did not devote their whole lives, like the 
athletae, to preparing for these contests. In early 
times there does not appear to have been any dis- 
tinction between the athletae and agonistae ; since 
we find that many individuals, who obtained prizes 
at the great national games of the Greeks, were 
persons of considerable political importance, who 
were never considered to pursue athletic exercises 
as a profession. Thus we read that Phayllus of 
Crotona, who had thrice conquered in the Pythian 
games, commanded a vessel at the battle of Sala- 
mis ; a and that Dorieus of Rhodes, who had ob- 
tained the prize in all of the four great festivals, was 
celebrated in Greece for his opposition to the Athe- 
nians. 3 But as the individuals who obtained the 
prizes in these games received great honours ami 
rewards, not only from their fellow-citizens, but also 
from foreign states, those persons who intended to 
contend for the prizes made extraordinary efforts to 
prepare themselves for the contest ; and it was 
soon found that, unless they subjected themselves 
to a severer course of training than was afforded by 
the ordinary exercises of the gymnasia, they would 
not have any chance of gaining the victory. Thus 
arose a class of individuals, to whom the term ath- 
letae was appropriated, and who became, in course 
of time, the only persons who contended in the pub- 
lic games. 

Athletae were first introduced at Rome B.C. 186. 
in the games exhibited by Marcus Fulvius, on the 
conclusion of the JEtolian war.* Paullus ^Emilius. 
after the conquest of Perseus, B.C. 167, is said to 
have exhibited games at Amphipolis, in which ath- 
letae contended. 5 A certamen athletarum* was also 
exhibited by Scaurus in B.C. 59 ; and among the 
various games with which Julius Caesar gratified 
the people, we read of a contest of athletae which 
lasted for three days, and which was exhibited in a 
temporary stadium in the Campus Martius. 7 Un- 
der the Roman emperors, and especially under 
Nero, who was passionately fond of the Grecian 
games, 8 the number of athletae increased greatly in 
Italy, Greece, and Asia Minor ; and many inscrip- 
tions respecting them have come down to us, which 
show that professional athletae were very numer- 
ous, and that they enjoyed several privileges. They 
formed at Rome a kind of corporation, and possess- 
ed a tabularium and a common hall — curia athleta- 
rum, 9 in which they were accustomed to deliberate 
on all matters which had a reference to the inter- 
ests of the body. We find that they were called 
Herculanei, and also xystici, because they were ac- 

1. (Aristot., II. A., vi., 17 ; fat, 2.— Oppian, Hal., i.— Adama, 
Append., s. v.)— 2. (Herod., viii., 47.— Paus., x., 9, $ 1.) — 3 
(Paus., vi., 7, t> 1,2.) — 4. (Liv., xxxix., 22.)— 5. (I.iv., xlv., 32 ) 
—6. (Val. Max., ii., 4, t> 7.)— 7. (Suet., Ju}, 39.)— 8. (Tacit. 
Ann., xiv., 20.)— 9. (Orelli, Inscrip., 2568.) 

in 



VTHLETiE. 



ATIMIA. 



customed to exercise, in winter, in a covered place 
called xystus ; l and that they had a president, who 
was called xystarchus, and also dpxtepevc. 

Those athletae who conquered in any of the great 
national festivals of the Greeks were called hieron- 
ica (lepoviKai), and received, as has been already 
remarked, the greatest honours and rewards. Such 
a conqueror was considered to confer honour upon 
the state to which he belonged ; he entered his na- 
tive city in triumph, through a breach made in the 
walls for his reception, to intimate, says Plutarch, 
'hat the state which possessed such a citizen had 
no occasion for walls. 2 He usually passed through 
the walls in a chariot drawn by four white horses, 
and went along the principal street of the city to 
the temple of the guardian deity of the state, where 
hymns of victory were sung. Those games, which 
gave the conquerors the right of such an entrance 
into the city, were called isclastici (from eiaeXav- 
vecv). This term was originally confined to the 
four great Grecian festivals, the Olympian, Isth- 
mian, Nemean, and Pythian ; but was afterward 
applied to other public games, as, for instance, to 
those instituted in Asia Minor. 3 In the Greek 
states, the victors in these games not only obtained 
the greatest glory and respect, but also substantial 
rewards. They were generally relieved from the 
payment of taxes, and also enjoyed the first seat 
(Trpoedpla) in all public games and spectacles. 
Their statues were frequently erected at the cost 
of the state, in the most frequented part of the city, 
as the market-place, the gymnasia, and the neigh- 
bourhood of the temples. 4 At Athens, according 
to a law of Solon, the conquerors in the Olympic 
games were rewarded with a prize of 500 drachmae ; 
and the conquerors in the Pythian, Nemean, and 
Isthmian, with one of 100 drachmae ; 5 and at Sparta 
they had the privilege of fighting near the person 
of tho king. 8 The privileges of the athletae were 
preserved and increased by Augustus ; 7 and the fol- 
lowing emperors appear to have always treated 
them with considerable favour. Those who con- 
quered in the games called iselastici received, in the 
time of Trajan, a sum from the state, termed opso- 
nia* By a rescript of Diocletian and Maximian, 
those athletae who had obtained in the sacred games 
(sacri certaminis, by which is probably meant the 
iselastici ludi) not less than three crowns, and had 
not bribed their antagonists to give them the victo- 
ry, enjoyed immunity from all taxes. 9 

The term athletae, though sometimes applied met- 
aphorically to other combatants, was properly lim- 
ited to those who contended for the prize in the five 
following contests : 1. Running (dpo/ioc, cursus), 
which was divided into four different contests, 
namely, the aradtodponog, in which the race was the 
length of the stadium ; the dtavlodpofioc , in which 
the stadium was traversed twice ; the dolixodpo/ioc, 
which consisted of several lengths of the stadium, 
but the number of which is uncertain ; and the 
o-rrTiLroopofiog, in which the runners wore armour. 
2. Wrestling (ira^n, lucla). 3. Boxing (nyy/ur}, pu- 
gilatus). 4. The pentathlum {irivradlov), or, as the 
Romans called it, quinquertium. 5. The pancratium 
(TayKpdriov). Of all these an account is given in 
separate articles. These contests were divided into 
two kinds : the severe {ftapea, (Sapvrepa) and the 
light (Kovfa, KovQorepa). Under the former were 
included wrestling, boxing, and the exercises of the 
pancratium, which consisted of wrestling and box- 
ing combined, and was also called pammachion. 10 

1 (Vitruv., vi„ 10.)— 2. (Suet., Ner., 25.— Plutarch, Symp., 
i" , 5, t 2.)— 3. (Pliu., Ep , 119, 120.)— 4. (Paus., vi., 13, t> 1 ; 
lii„ IT, t> 3.) — 5. (Diojr. Luert., i., 55. — Plut., Sol., 23.) — 6. 
|Plut„ Lye, 22,)— 7, (Suet.. Octav., 45.)— 8. (Plin., Ep.. 119, 
120.— Compare Vitruv., ix., Praf.) — 9. (Cod. x., tit. 53.) — 10. 
<Tla\o, Euthvd,, c, 3, p. 2~L — Pollux, Onom.. viiL, 4.) 

I iw 



Great attention was paid to the training of th« 
athletae. They were generally trained in the na- 
laZorpaL, which, in the Grecian states, were dis- 
tinct places from the gymnasia, though they have 
been frequently confounded by modern writers. 
Thus Pausanias informs us, 1 that near the gymna- 
sium at Olympia there were palaestrae for the ath- 
letae ; and Plutarch expressly says 2 that the place 
in which the athletae exercise is called a palaes- 
tra. 3 Their exercises were superintended by the 
gymnasiarch (yvfivaaidpxnc), and their diet was reg- 
ulated by the aliptes (dietTrrtjc). (Vid. Aliptes.) 
According to Pausanias,* the athlete did not an- 
ciently eat meat, but principally lived upon fresh 
cheese ; 5 and Diogenes Laertius 6 informs us that 
their original diet consisted of dried figs, 7 moist or 
new cheese, 8 and wheat. 9 The eating of meat by 
the athletae is said, according to some writers, 10 to 
have been first introduced by Dromeus of Stympha- 
lus, in Arcadia ; and, according to others, by the 
philosopher Pythagoras, or by an aliptes of that 
name. 11 According to Galen, 12 the athletae, who 
practised the severe exercises, 13 ate pork and a par- 
ticular kind of bread ; and from a remark of Di- 
ogenes the Cynic, 14 it would appear that in his time 
beef and pork formed the ordinary diet of the athle- 
tae. Beef is also mentioned by Plato 15 as the food 
of the athletae ; and a writer quoted by Athenaeus 1 * 
relates, that a Theban who lived upon goats' flesh 
became so strong that he was enabled to overcome 
all the athletae of his time. At the end of the exer- 
cises of each day, the athletae were obliged to take 
a certain quantity of food, which was usually called 
dvaynotyayia and uvaynoTpcxpia, or /3catoc rpotyr) ; 17 
after which, they were accustomed to take a long 
sleep. The quantity of animal food which some 
celebrated athletae, such as Milo, Theagenes, and 
Astydamas, are said to have eaten, appears to ua 
quite incredible. 18 The food which they ate was 
usually dry, and is called by Juvenal 19 coliphia, on the 
meaning of which word see Ruperti, ad loc. 

The athletae were anointed with oil by the aliptae 
previously to entering the palaestra and contending 
in the public games, and were accustomed to con- 
tend naked. In the description of the games given 
in the twenty-third book of the Iliad, 20 the combat- 
ants are said to have worn a girdle about their loins ; 
and the same practice, as we learn from Thucyd- 
ides, 21 anciently prevailed at the Olympic games, 
but was discontinued afterward. 

For farther information on the athletae, the reader 
is referred to the articles Isthmian, Nemean, Olym- 
pian, and Pythian Games ; and to Krause's Thea- 
genes, oder wissensch. Darstellung der Gymnastik, 
Agonistik, und Festspicle der Hcllenen (Halle, 1835) ; 
and Olympia, oder Darstellung der grossen Olym- 
pischen Spicle (Vienna, 1838). 

ATHLOTH'ET^E. (Vid. Agonothet^:, Hella- 

NODIC^E.) 

ATFLIA LEX. (Vid. Tutor.) 

ATFMIA (uTt/nia), or the forfeiture of a man's 
civil rights. It was either total or partial. A man 
was totally deprived of his rights, both for himself 
and for his descendants, 28 when he was convicted 
of murder, theft, false witness, partiality as arbiter, 
violence offered to a magistrate, and so forth. This 
highest degree of drifiia excluded the person affect- 
ed by it from the forum, and from all public assem- 



1. (vi., 21, $ 2.) — 2. (Symp.. ii., Queest. 4.)- 3. (rbv ovv roirov 
iv <3 yviivdtyOVTai iravrei o't aOXrjrai, T:a\aiarpnv KaXovoi). — 4. 
(vi.J 7, ^ 3.) — 5. (rvpov Ik tujv raXapwv.) — 6. (viii., 12, 13.) — 7. 
((ff%aci \r)paig.)— 8. (rupo?? uypoTj.) — 9. (irupols.)— 10. (Paus., 
1. c.)— 11. (Diog. Laert., 1. c.)— 12. (De Val. Tuend., iii., 1.)- 
13. ({Saptis adXrirai.)— 14. (Diog. Laert., vi., 49.)— 15. (De Rep., 
i., 12, p. 338.)— 16. (viii., 14, p. 402, c, d )— 17. (Arist., Polit., 
viii., 4.)— 18. (Athenaeus, x., 1,2, p. 412, 413.)— 19. (ii., 53.*— 
20. (1. 685, 710.)— 21. (i., 6.)— 22. { K aQdna\ arijxos : Demoith., 
Mid., c. 10.) 



ATRAC TYLIS. 



ATRAMENTUM. 



blies ; from the public sacrifices, Lnd from the law 
courts ; or rendered him liable to immediate impris- 
onment if he was found in any of these places. It 
was either temporary or perpetual ; and either ac- 
companied or not with confiscation of property. 
Partial farqria only involved the forfeiture of some 
few rights, as, for instance, the right of pleading in 
court. Public debtors were suspended from their 
civic functions till they discharged their debt to the 
gtate. People who had once become altogether 
urcuoi were very seldom restored to their lost priv- 
ileges. There is a locus classicus on the subject of 
uTCfila in Andocides. 1 The converse term to urtfiia 
was tTTtTifila. 

YTI'NIA LEX. (Vid. Usucapio.) 

ATLANTES {uTUvrec), also called Tclamones. 
Both these words are used, in a general sense, to 
signify anything which supports a burden, whether 
a man, an animal, or an inanimate object ; but in 
architectural language they were specifically ap- 
plied to designate those muscular figures which are 
sometimes fancifully used instead of modillions to 
support the corona, or upper member of a cornice : 
" Nostri Telamones, Greed vero hos Atlantes vocant," 
says Vitruvius 2 The fable of Atlas, who bore the 
globe upon his shoulders, and of whom Homer says, 

'Exei 6e ts klovuc avrbg 
(iclkoc.;, at yaldv re Kai ovpavbv a/ufic exovoi, 3 

supplied an historical derivation for the name. They 
were distinguished from Caryatides, which are al- 
ways represented as female figures in an erect po- 
sition. 

They were also applied as ornaments to the sides 
of a vessel, having the appearance of supporting 
the oars ; as in the ship of Hiero, described by 
Athenaeus,* in which instance he represents them 
as being six cubits in height, and sustaining the 
triglyphs and cornice. 

Hence, too, the term came to be used in irony 
(tear' uvridacuv), to ridicule a person of veiy dimin- 
utive or deformed stature. 

" Nanum cujusdam Atlanta vocamus : 
iEthiopem eyenum ; pravam extortamque puellam 
Europcn," &c. 5 




A representation of these figures is given in the 
•receding woodcut, copied from the tcpidarium in 
fee baths at Pompeii. They are placed round the 
•ides of the chamber, and support a cornice, upon 
which the vaulting of the roof rests, thus dividing 
the whole extent of the walls into a number of 
*mall compartments, the uses of which are explained 
in the description of tcpidarium in the article Baths. 

♦ATRAC'TYLIS (aTpaK-vlic ), a species of thistle, 
railed by some the Distaff-Thistle, from its resem- 

1. (De Myst., c. 73, 76, p. 35.)— 2. (Vitro*- vi., 10.)— 3. (Od., 
i., 53.)^. (v., 42.)— 5. (Juv., Sat., viii.. 32.) 

Q 



blance to a distaff (arpaKToc), for which its stalk 
was often employed. It is not improbable, as Au- 
ams thinks, that it was applied to several sorts of 
thistles, a tribe still very difficult to classify and 
distinguish. Ruellius and Hermolaus make it out 
to be the Cnicus sylvestris, but this opinion is re- 
jected by Matthiolus ; and that of Fuchsius, who 
held it to be the Carduus Bencdictus, does not seem 
less objectionable. Sprengel, in the first edition of 
his R. H. H., inclines to the Carthamus Canatus, 
and in the second to the C. Creticus ; but in his 
edition of Dioscorides he proposes the Carlina lan~ 
ata, L. Stackhouse hesitates about the Atractylif 
gummifcra. The modern name in use among the 
Greeks is urpuK rvkt or oravpuynadi. Sibthorp found 
it in Southern Greece. 1 

ATRAMEN'TUM, a term applicable to any black 
colouring substance, for whatever purpose it may 
be used, 2 like the fielav of the Greeks. 3 Thert 
were, however, three principal kinds of atramen- 
tum : one called librarium or scriptorium (in Grerk, 
ypa^LKov /xeAav), another called sutorium, the third 
tectorium. Atramentum librarium was what we call 
writing-ink.* Atramentum sutorium was used by 
shoemakers for dyeing leather. 5 This atramentum 
sutorium contained some poisonous ingredient, such 
as oil of vitriol ; whence a person is said to die 
of atramentum sutorium, that is, of poison, as in 
Cicero. 6 Atramentum tectorium or pictorium was 
used by painters for some purposes, apparently 7 as 
a sort of varnish. The scholiast on Aristophanes 8 
says that the courts of justice, or dtKaar^pia, in 
Athens were called each after some letter of the al- 
phabet : one alpha, another beta, a third gamma, 
and so on, and that against the doors of each diKao- 
rripiov, the letter which belonged to it was written 
nvpfiu ftdfifiaTi, in " red ink." This " red ink," or 
" red dye," could not, of course, be called atramen- 
tum. Of the ink of the Greeks, however, nothing 
certain is known, except what may be gathered 
from the passage of Demosthenes above referred to, 
which will be noticed again below. The ink of the 
Egyptians was evidently of a very superior kind, 
since its colour and brightness remain to this day in 
some specimens of papyri. 9 The initial charac- 
ters of the pages are often written in red ink. 10 
Ink among the Romans is first found mentioned in 
the passages of Cicero and Plautus above referred 
to. Pliny informs us how it was made. He says, 
" It was made of soot in various ways, with burned 
resin or pitch : and for this purpose," he adds, 
" they have built furnaces, which do not allow the 
smoke to escape. The kind most commended is 
made in this way from pine-wood : It is mixed 
with soot from the furnaces or baths (that is, the 
hypocausts of the baths: vid. Bath) ; and this they 
use ad volumina scribenda. Some also make a kind 
of ink by boiling and straining the lees of wine," 
&c. With this account the statements of Vitruvi- 
us 11 in the main agree. The black matter emitted 
by the cuttlefish (sepia), and hence itself called 
sepia, was also used for atramentum. 19 Aristotle, 
however, in treating of the cuttlefish, 13 does not re- 
fer to the use of the matter (Soloe ) which it emits, as 
ink. 1 * Pliny observes 15 that an infusion of worm- 
wood with ink preserves a manuscript from mice." 




ATRAMENTUM. 



ATEL.UM. 



On the whole, perhaps, it may be said that the; inks of 
the ancients were more durable than our own ; that 
they were thicker and more unctuous, in substance 
and durability more resembling the ink now used by 
printers. An inkstand was discovered at Hercula- 
neum, containing ink as thick as oil, and still usa- 
ble for writing. 1 

It would appear, also, that this gummy character 
of the ink, preventing it from running to the point 
of the pen, was as much complained of by the an- 
cient Romans as it is by ourselves. Persius 8 rep- 
resents a foppish writer sitting down to compose ; 
but, as the ideas do not run freely, 

*' Tunc queritur, crassus calamo quod pendeat humor; 
Nigra quod infusa vanescat sepia lympha." 

They also added water, as we do sometimes, to 
thin it. Mr. Lane 3 remarks that the ink of the 
modern Egyptians " is very thick and gummy." 

From a phrase used by Demosthenes, it would 
appear as if the colouring ingredient was obtained 
by rubbing from some solid substance, perhaps much 
as we rub Indian ink. Demosthenes* is reproach- 
ing iEschines with his low origin, and says that, 
" when a youth, he was in a state of great want, as- 
sisted his father in his school, rubbed the ink (pre- 
pared the ink by rubbing, to fieXav rptBuv), washed 
down the forms, and swept the schoolroom," &c. 
It is probable that there were many ways of col- 
ouring ink, especially of different colours. Red ink 
(made of minium, vermilion) was used for writing 
the titles and beginnings of books, 5 so also was ink 
made of rubrica, " red ochre ;" 6 and because the 
headings of laws were written with rubrica, the 
word rubric came to be used for the civil law. 7 So 
album, a white or whited table, on which the prae- 
tors' edicts were written, was used in a similar 
way. A person devoting himself to album and ru- 
brica was a person devoting himself to the law. 
{Vid. Album.) There was also a very expensive 
red-coloured ink, with which the emperor used to 
write his signature, but which any one else was 
by an edict 9 forbidden to use, excepting the sons or 
near relatives of the emperor, to whom the privilege 
was expressly granted. But if the emperor was 
under age, his guardian used a green ink for writing 
his signature. 9 On the banners of Crassus there 
were purple letters, tyoivitcu ypdpfiaTa.' On pillars 
and monuments, letters of gold and silver, or letters 
covered with gilt and silver, were sometimes used, 
as appears from Cicero 11 and Suetonius. 13 In wri- 
ting, also, this was done at a later period. Sueto- 
nius 13 says, that of the poems which Nero recited 
at Rome, one part was written in gold (or gilt) let- 
ters (aureis litteris), and consecrated to Jupiter Cap- 
itolinus. 14 This kind of illuminated writing was 
more practised afterward in religious compositions, 
which were considered as worthy to be written in 
letters of gold (as we say even now), and, there- 
fore, were actually written so. Something like what 
we call sympathetic ink, which is invisible till heat, 
or some preparation be applied, appears to have 
been not uncommon. So Ovid 15 advises writing 
love-letters with fresh milk, which would be unread- 
able until the letters were sprinkled with coal-dust : 
"Tuta quoque est, fallitque oculos e lacte recenti 
Littera: carbonis pulvere tange; leges." Ausoni- 
us 16 gives the same direction (" Lacte incide notas; 
arescens charta tenebit Semper inadspicuas; pro- 



dentur scripta favillis"). Pliny- suggests that tfi« 
milky sap contained in some plants might be used 
in the same way. 8 

An inkstand {atramentarium, used only by later 
writers ; in Greek, fielavdoxoc 3 ) was either single or 
double. The double inkstands were probably i*j. 



1. (Winckelmann, vol. ii., p. 127.) — 2. (Sat., iii., 12.) — 3. 
(Mod. Egyptians, ii., p. 288, smaller edit.) — 4. (irepl 2r£0., v 
313.) — 5. (Ovid, Trist., i., 1, 7.) — 6. (Sidonius, vii., 12.)— 7. 
(Quintil., xii., 3.)— 8. (Cod. i., tit. 23, s. 6.)— 9. (Montfaucon, 
Palaeog-., p. 3.)— 10. (Dion, xl., 18.)— 11. (Verr., iv., 27.)— 12. 
(Aug., c. 7.)— 13. (Ner., c. 10.)— 14. (Compare Plin., vii., 32.) 
—15. (Art. Am., iii., 627, &c.) — 16. (Epist., xxiii., 21.) 
122 




tended to contain both black and red ink, much in 
the modern fashion. They were also of various 
shapes, as, for example, round or hexagonal. They 
had covers to keep the dust from the ink. The pre- 
ceding cuts represent inkstands found at Pompeii. 

AT'RIUM, called avlfi by the Greeks and by 
Virgil,* and also jieoavliov, Ttepiarvkov, nepioTuov. 

Two derivations of this word are given by the 
ancient writers. Festus and Varro refer it to the 
same origin : Ab Atria populis, a quibus atriorum 
exempla desumpta fuerunt ; 5 but Servius, on the con- 
trary, 6 derives the term ab atro, propter fumum qui 
esse solebat in atriis ; a remark which explains the 
allusion of Juvenal, 7 Fumosos equitum cum dictators 
magistros, since it was customary among the Ro 
mans to preserve the statues of their ancestors ii 
the atrium, which were blackened by the smoke o 
the fires kept there for the use of the household. 

Atrium is used in a distinctive as well as collect 
ive sense, to designate a particular part in the pri 
vate houses of the Romans {vid. House), and also 
a class of public buildings, so called from their gen- 
eral resemblance in construction to the atrium of a 
private house. There is likewise a distinction be- 
tween atrium and area ; the former being an open 
area surrounded by a colonnade, while the latter 
had no such ornament attached to it. The atrium, 
moreover, was sometimes a building by itself, re- 
sembling, in some respects, the open basilica {vid. 
Basilica), but consisting of three sides. Such was 
the Atrium Publicum in the Capitol, which Livy in- 
forms us was struck with lightning B.C. 21 6. 8 It 
was at other times attached to some temple or 
other edifice, and in such case consisted of an open 
area and surrounding portico in front of the struc- 
ture, like that before the Church of St. Peter in the 
Vatican. 

Several of these buildings are mentioned by the 
ancient historians, two of which were dedicated to 
the same goddess, Libertas ; and hence a difficulty 
is sometimes felt in deciding which of the two is 
meant when the atrium Libertatis is spoken of. 
The most celebrated, as well as the most ancient, 
was situated upon the Aventine Mount. Of this 
there is no doubt ; for it is enumerated by Victor, 
in his catalogue of the baiTdings contained in the 
xiii. Regio, which comprises the Mons Aventinus, 
on which there was an aedes Libertatis built and 
dedicated by the father of Gracchus, 9 to which the 
atrium was attached either at the same time or 
shortly afterward ; for Livy also states 10 that the 
hostages from Tarentum were confined in airio Lib- 
ertatis, which must refer to the atrium on the Aven- 




ATRIUM 



AITHIS. 



tine, since their escape was effected by the coi mo- 
tion of the keepers of the temple (corruptis adituin 
duobus). In thii atrium there was a tabularium, 
where the legal tablets (tabula) relating to the cen- 
sors were preserved. 1 The Germanici milites were 
also stationed at the same spot in the time of Gal- 
ba, a as is apparent from a passage in Suetonius, 3 in 
which he says that they arrived too late to prevent 
the murder, which was perpetrated in the Forum, 
in consequence of their having missed their way 
and gore round about. This could not have hap- 
pened had they come from the other atrium Liber- 
tatis, which was close to the Forum Romanum. 

The examination of slaves, when accompanied 
by the torture, also took place, by a strange anomaly, 
in atrio Libertatis,* which must also be referred, for 
several reasons, to the atrium on the Aventine. In- 
deed, when the atrium Libertatis is mentioned with- 
out any epithet to distinguish it, it may safely be 
considered that the more celebrated one upon the 
Aventine is meant. It was repaired, or, more prob- 
ably, rebuilt, by Asinius Pollio, 5 who also added to 

m magnificent library (bibliotheca 6 ), which explains 
the allusion of Ovid, 7 

" Nee me, qua doctis patuerunt prima libellis, 
Atria Libertas tangere passa sua est." 

The other atrium Libertatis is noticed by Ci- 
rero, 8 in which place the mention of the Basilica 
Paulli in conjunction with the word forum (ut forum 
laxaremus et usque ad atrium Libertatis explicaremus), 
has perplexed the commentators, and induced the 
learned Nardini to pronounce the passage inexpli- 
cable. 9 He affirms that this instance is the only 
one to be found, among all the writers of antiquity, 
in which mention is made of an atrium Libertatis 
distinct from that on the Aventine ; and hence he 
is inclined to think that there was no other, and to 
alter the reading into atrium Minerva, which is 
mentioned by P. Victor as being in this (the eighth) 
region. Bui in this he was mistaken, as is made 
evident by the subjoined fragment from a plan of 
Rome, discovered since the time of Nardini, which 
was executed upon a marble pavement during the 
reigns of Septimius Severus and Caracalla, and is 
now preserved in the museum of the Capitol at 
Rome, and termed la Pianta Capitolina. As the 
name is inscribed upon each of the buildings, no 
doubt can be felt as to their identity ; and the forum 
to which Cicero alludes must be the Forum Caesa- 
ris l0 for neither the writers of the Regiones, nor any 
of the ancient authors, ever mention a building of 
this kind in the Forum Romanum. The Forum of 
Caesar was situated in the rear of the edifices on 




o o 
o o 

■ °..° 0O00OO<30 

o o o o o o o"o o 




Ooooooo. >0 ooo 

ooo o o o o o o o o o 

O O 

o o •' 

BAS I L! 



the east side of the Roman Forum; 11 so that the 
atrium Libertatis would be exactly as represented 
upon the plan, behind the Basilica Mmilia, an eleva- 
tion of which is given in the article Basimca ; and, 

1. (Liv., xliii., 16, where the word ascenderunt indicates that 
the atrium on the Aventine is meant.) — 2. (Tacit , Hist., i., 3.) 
—3. (Galb.. 20.)— 4. (Cic, pro Mil., 22.) — 5 (Suet., Octav., 
29.) — 6. (Plin., H. N., vii., 30; xxv., 2.— Ir dor., v., 4.)— 7. 
(Trist., iii., 1, 71.)— 8. (Ad Att., iv., 16.)— 9 ,Rom. Ant., v., 9.) 
— 10. (Dion, xliii. — Suet., Jul., 26. --Plir H. N., xxxvi., 15.) 
— 11. (Nardini Rom. Ant., v., 9.) 



although the name c f its founder is broken ofT, yet 
the open peristyles, without any surrounding wall, 
demonstrate what basilica was intended. Thus the 
passage of Cicero will be satisfactorily explained. 
In order to lay open the magnificent Basilica of 
Paullus to the Forum of Caesar, he proposed to buy 
and pull down some buildings which obstructed the 
view, which would extend the small forum of Cae- 
sar usque ad Libertatis atrium, by doing which he 
no doubt intended to court the favour of Caesar, 
upon whose good-will he prides himself so much in 
the epistle. 
The dotted lines represent a crack in the marble 
The senate was held in early times in atrio Pa- 
latii. 1 

*ATT'AGEN (uTTayrjv or drruyag), the name of 
a bird mentioned by Aristotle, Aristophanes, Horace, 
and Martial. There have been various conjectures 
respecting it, some supposing it a pheasant, some a 
partridge, and others a woodcock. This last opin- 
ion is probably the most correct, although Adams 
inclines to agree with Pennant, that the Attagen 
was the same with the Godwit, or Scolopax ago- 
cephala. Walpole, 8 on the other hand, thinks it 
was the Tetrao Francolinus. A writer, quoted by 
Athenaeus, 3 describes the Attagen as being a little 
larger than a partridge, having its back marked with 
numerous spots of a reddish colour. Hence the 
name of this bird is humorously applied by Aris- 
tophanes 4 to the back of a runaway slave, scored 
by the lash. The same writer also informs us that 
the Attagen was highly esteemed by epicures. 5 

*ATTEL'EBUS (urreM6og), generally taken for 
a species of Gnat, but referred by Stackhouse to the 
genus Attelebus, L., a class of insects that attack 
the leaves and most tender parts of plants.* 

ATTHIS (ardic), a name given to any composi- 
tion which treated of the history of Attica. 7 This 
name seems to have been used because Attica was 
also called 'At6ic. b Pausanias 9 calls his first book 
'Ardlg cvyypa<j>7J, because it treats chiefly of Atti- 
ca and Athens. The Atthides appear to have been 
not strictly historical ; but also geographical, top- 
ographical, mythological, and archaeological. By 
preserving the local history, legends, traditions, 
and antiquities, and thus drawing attention to the 
ancient standing and renown of the country, and 
connecting the present with the past, they tended 
to foster a strong national feeling. From what 
Dionysius says, 10 it would appear that other dis 
tricts had their local histories as well as Attica. 11 
The nature of the 'Ardideg we know only from a 
few fragments and incidental notices. The most 
ancient writer of these compositions would appear, 
according to Pausanias," to have been Clitode- 
mus — KXeirodnuog or K?ieidT]/j,oc (otzogol to, 'Adnvai- 
uv kmx^pio, eypaipav, 6 dpxat-orarog). His 'Ardig 
was published about B.C. 378. 13 Probably Pausa 
nias means that Clitodemus was the first native 
Athenian who wrote an 'Ardig, as Clinton observes, 
and not the first person ; for Hellanicus, a native of 
Lesbos, had written one before him. Another wn- 
ter of this class was Andron ("Avdpuv), a native of 
Halicarnassus, as appears from Plutarch ; 14 also An- 
drotion — 'Avdporiuv ; 15 and Philochorus, who held 
the office of i epoaKonog at Athens, B.C. 306. 16 His 
'Ardig is quoted by the scholiast on Aristophanes 17 
and Euripides. 18 Phanodemus, Demon, and Ister 

1. (Serv. in Virg., Mn., xi., 235.)— 2. (Memoiis, &c, vol. I., 
p. 262, in notis.)— 3. (ix., 39.)— 4. (Av., 761.)— 5 (Ap. Athen.. 
xiv., 6520—6. (Aristot., H. A., v., 17— Theoplirast., H. P., ii., 
4.)— 7. (Strabo, ix., p. 392, B, ed. Casaub.)— 8. (Strabo, ix., p 
397, A.)— 9. (vii., 20, 3.)— 10. (De Thucyd. jud., v.)— 11. (Vid 
Thirlwall's Greece, vol. ii., p. 128.)— 12. (x., 15.)— 13. (Clinton, 
F. H., p. 373.)— 14. (Vit. Thes., 24.)— 15. (Vid. Schol. in Aris- 
toph., Av., 13.— Nub., 549.)—16. (Clinton, 306, 3.)— 17 (Vesp.. 
716.— Av., 767 j— 18. (Orest., 371.) 

123 



AUCTIO. 



AUCTOR 



were also writers of 'krdidec. Their date is uncer- 
tain ; but it appears that Demon was nearly con- 
temporary with Philochorus, and that Ister flourish- 
ed B.C. 246-221, in the reign of Ptolemaeus Euer- 
getes, and was, as Suidas asserts, a pupil of Callim- 
achus. The fragments of Philocnorus and An- 
drotion have been edited by C. G. Siebelis (Leipsig, 
1811) ; and those of Phanodemus, Demon, Clitode- 
mus, and Ister also (Leipsig, 1812). 

ATTICUR'GES (to 'ArriKovpyec), in the Attic 
style. Vitruvius, 1 when treating of the different 
constructions of doorways to sacred edifices, enu- 
merates three, the Doric, Ionic, and Attic (Atticur- 
ges). He first gives an account of the Doric, then 
the Ionic, and, lastly, states that the Attic follows 
generally the same rules as the Doric ; and then, 
having instanced the points of difference between 
these two orders, he concludes by saying that he 
has laid down all the rules necessary for the con- 
struction of the Doric, Ionic, and Corinthian or- 
ders (Doricis, Ionicis, Corinthiisque operibus), which 
would certainly seem to identify the Attic with the 
Corinthian. Pliny, however, 2 designates as Attic 
columns (columnas Atticas) those which have four 
angles and equal sides, i. e., a square pilaster, 
such as the order of columns in the upper story of 
the Coliseum, which have Corinthian capitals ; but 
the projection of their sides is not equal to the 
fronts. There is much difficulty involved in this 
consideration ; for if the people of Attica had an 
order of their own, distinct from the Doric, which 
they commonly adopted, as the Tuscans, Ionians, 
and Corinthians had, it is singular that we should 
not have any account of its distinctive properties, 
and that Vitruvius himself should not have descri- 
hed it as exactly as he has the other three. The 
only way to solve the difficulty is to adopt the ex- 
planation of Pliny, and to conclude that the Athe- 
nians had no distinct order of their own, with a pe- 
culiar character in all its component parts ; but that 
they adopted a column expressly Attic, i. e., a square 
one, with a Corinthian capital and an Attic base, to 
the other parts and proportions of the Doric order. 
Thus Vitruvius may be reconciled with himself; 
for he only speaks of the Atticurges as used in door- 
ways, where the square or Attic columns of Pliny 
would be admirably fitted for the upright jambs, 
which might be ornamented with a Corinthian cap- 
ital and an Attic base, the proportions and compo- 
nent parts of which are enumerated by Vitruvius. 3 
The lowest he terms plinthus ; the one above that, 
torus inferior ; the next three divisions, scotia cum 
suis quadris ; and the highest, the torus superior. 




AUC riO signifies generally " an increasing, an 
enhancement," and hence the name is applied to a 
public sale of goods, at which persons bid against 
one another. The term audio is general, and com- 
prehends the species bonorum emtio and sectio. As 
a species, audio signifies a public sale of goods by 
the owner or his agent, or a sale of goods of a de- 
ceased person for the purpose of dividing the money 
among those entitled to it, which was called audio 
hereditaria.* The sale was sometimes conducted 

1. (iii.. 3.)— 2. (H. N., xxxvi., 23.)— 2 (in., 3.)— 4 (Cic, pro 
Csecin., 5.) 

124 



by an argentarius, or by a magister auctionis ; and 
the time, place, and conditions of sale were an- 
nounced either by a public notice (tabula, album, 
&c.) or by a crier (preeco). 

The usual phrases to express the giving notice 
of a sale are audionem proscribere, pradicarc ; and 
to determine on a sale, audionem constituere. The 
purchasers (emtores), when assembled, were some- 
times said ad tabulam adesse. The phrases signifying 
to bid are liceri, licitari, which was done eithei by 
word of mouth, or by such significant hints <u- are 
known to all people who have attended an auction. 
The property was said to be knocked down (addtci) 
to the purchaser, who either entered into an en- 
gagement to pay the money to the argentarius or 
magister, or it was sometimes a condition of sale 
that there should be no delivery of the thing before 
payment. 1 (Vid. Actio.) An entry was made in 
the books of the argentarius of the sale and the 
money due, and credit was given in the same books 
to the purchaser when he paid the money (expensa 
pecunia lata, accepta relata). Thus the book of the 
argentarius might be used as evidence for the pur- 
chaser, both of his having made a purchase, and 
having paid for the thing purchased. If the money 
was not paid according to the conditions of sale, the 
argentarius could sue for it. 

The praeco or crier seems to have acted the part 
of the modern auctioneer, so far as calling out the 
biddings 2 and amusing the company. Slaves, when 
sold by auction, were placed on a stone or other el- 
evated thing, and hence the phrase homo de lapide 
emtus. It was usual to put up a spear, hasta, in 
auctions, a symbol derived, it is said, from the an- 
cient practice of selling under a spear the booty ac- 
quired in war. By the auctio, the Quiritarian own- 
ership in the thing sold was transferred to the pur- 
chaser. (Vid. Bonorum Emtio, Sectio.) 

AUCTOR, a word which contains the same ele- 
ment as aug-eo, and signifies generally one who en- 
larges, confirms, or gives to a thing its completeness 
and efficient form. The numerous technical signi- 
fications of the word are derived from this general 
notion. As he who gives to a thing that which is 
necessary for its completeness, may in this sense 
be viewed as the chief actor or doer, the word auc- 
tor is also used in the sense of one who originates 
or proposes a thing ; but this cannot be viewed as 
its piimary meaning. Accordingly, the word auc- 
tor, when used in connexion with lex or senatus 
consultum, often means him who originates and 
proposes, as appears from numerous passages.* 
When a measure was approved by the senate before 
it was confirmed by the "votes of the people, the 
senate were said audores fieri, and this preliminary 
approval was called senatus auctoritas* In the pas- 
sage of Livy, s there is an ambiguity in the use of 
the word, arising from the statement of the prac- 
tice in Livy's time, and the circumstances of the 
peculiar case of the election of a king. The effect 
of what Livy states as to the election of Numawas 
a reservation of a veto : " Si dignum crearitis, pa- 
tres audores fient." The meaning, however, of the 
whole passage is clearly this : the patres gave per- 
mission to elect, and if the person elected should 
be approved by them, that was to be considered 
equivalent to their nomination. 

In the imperial time, auctor is often said of the 
emperor (princeps) who recommended anything to 
the senate, and on which recommendation that body 
passed a senatus consultum. 6 

When the word auctor is applied to him who 
recommends, but does not originate a legislative 



1. (Gaius, iv., 126.)— 2. (Cic, de Off., ii., 23.)— 3. (Liv., vi., 
36— Cic, pro Dom., c 30.)— 4. (Cic, Brut., c 14.)— 5. (i , 17.1 

—6. (Gaius, i., 30, 80. — Sueton. Vesp., 11.) 



AUCTORITAS. 



AUGUR. 



measure, it is equivalent to suasor. 1 Sometimes 
both auctor and suasor are used in the same sen- 
tence, and the meaning of each is kept distinct." 

With reference to dealings between individuals, 
*uctor has the sense of owner, 3 and is defined thus :* 
Auctor mexis a quo jus in me transit. In this sense 
auctor is the seller (venditor), as opposed to the 
buyer (cmtor) : the person who joined the seller in 
a warranty, or as security, was called auctor secun- 
dum, as opposed to the seller, or auctor primus. 5 The 
phrase a malo auctore emere, 6 auclorem laudarc 7 will 
thus be intelligible. The testator, with respect to 
his heir, might be called auctor. 8 

Consistently with the meanings of auctor as al- 
leady explained, the notion of consenting, appro- 
ving, and. giving validity to a measure affecting a 
person's status clearly appears in the following 
passage. 9 

Auctor is also used generally to express any per- 
son under whose authority any legal act is done. 
In this sense, it means a tutor who is appointed to 
aid or advise a woman on account of the infirmity 
of her sex : 10 it is also applied to a tutor whose bu- 
siness it is to do or approve of certain acts on be- 
half of a ward (pupillus). 

The term auctores juris is equivalent to jurisperi- 
ti ; 11 and the law writers, or leaders of particular 
schools of law, were called scholce auctores. It is 
unnecessary to trace the other significations of this 
word. 

AUCTO'RITAS. The technical meanings of this 
word correlate with those of auctor. 

The auctoritas senatus was not a senatus con- 
sultum ; it was a measure, incomplete in itself, 
which received its completion by some other au- 
thority. 

Auctoritas, as applied to property, is equivalent 
to legal ownership, being a correlation of auctor. 12 
It was a provision of the laws of the Twelve Ta- 
bles, that there could be no usucapion of a stolen 
thing, 13 which is thus expressed by Gellius in speak- 
ing of the Atinian law : 14 " Quod subreptum erit ejus 
rei (Bterna auctoritas esto ;" the ownership of the 
thing stolen was still in the original owner. 15 

Auctoritas sometimes signifies a warranty or col- 
lateral security, and thus correlated to auctor se- 
cundus. Auctoritatis actio means the action of 
eviction. 18 The instrumenta auctoritatis are the 
proofs or evidences of title. 

The auctoritas of the praetor is sometimes used 
to signify the judicial sanction of the praetor, or his 
order, by which a person, a tutor for instance, might 
be compelled to do some legal act, 17 or, in other 
words, "auctor fieri." The tutor, with respect to 
his wards, both male and female (pupilli, pupillce), 
was said negotium gerere, and auctoritatem interpo- 
nere : the former phrase is applicable where the tu- 
tor does the act himself ; the latter, where he gives 
his approbation and confirmation to the act of his 
ward. Though an infant had not a capacity to do 
any act which was prejudicial to him, he had a ca- 
pacity to receive or assent to anything which was 
for his benefit, and in such case the auctoritas of the 
tutor was not necessary. 

The authority of decided cases was called simili- 
ter judicalorum auctoritas. The other meanings of 
auctoritas may be easily derived from the primary 

1. (Cic, ad Mt., i., 19.— Brutus, 25, 27.)— 2. (Cic, Off., iii., 
30.)— 3. (Cic, pro Caecin., 10.)— 4. (Dig-. 50, tit. 17, s. 175.)— 5. 
(Dig. 19, tit. 1, s. 4, t> 21 ; tit. 2, s. 4, t> 51.)— 6. (Cic, Verr., v., 
22.)— 7. (Gell.,ii., 10.)— 8. (Ex.Corp.Hermogen.Cod., tit. 11.)— 
9. (Cic, pro Dom., c 29.)— 10. (Liv., xxxiv., 2.— Cic, pro Cse- 
cin., c 25.— Gaius, i., 190, 195.)— 11. (Dig. 1, tit. 2, s. 2, ^ 13.— 
Gellius, ii., c 10.)— 12. (Cic, Top., c 4.— Pro Caecin., c 26.)— 
13. (Gaius, ii., 45.)— 14. (xvii., 7.)— 15. (Cic, Off, i., 12— Dirk- 
sen, Uebersicht, &c, der Zwolf-Tafel Fragmente, p. 417.)— 16. 
(Paulus, Sentent. Itecept., lib. 2, tit. 17.)— 17. (Gaius, i., 190.— 
Dig. 27, tit. 9, s. 5.) ' 



meaning of the word, and from the explanation! 
here given. 

AUDITO'RIUM, a place where poets, orators, 
and critics were heard recite their compositions. 
There were places used expressly for this purpose, 
as the Athenaeum. ( Vid. Athenjeum.) Sometimes, 
also, a room was hired and converted to this object, 
by the erection of seats, and by other arrange- 
ments. 1 The term auditorium was also applied to 
a court, in which trials were heard* Auditorium 
principis was the emperor's audience-chamber. 3 

*AVELLA'NA NUX, the Filbert, the fruit of the 
Corylus Avellana, or Hazelnut-tree. It is the ndpvov 
TiovTiKov or "kcKTonapvov of Dioscorides. 4 Accord- 
ing to Pliny, 5 the earlier form of the Latin name 
was Abellina mix, an appellation coming very prob- 
ably from the Samnian city of Abellinum, where 
this species of nut is said to have abounded, or else 
from the Campanian city of Abella. Servius is in 
favour of the latter. 6 Pliny says the filbert came 
first from Pontus into Lower Asia and Greece, and 
hence one of its Greek names, as given above, 
icapvov HovriKov.' 1 Macrobius styles it also nux 
Prcenestina, 9 but Pliny distinguishes between the 
nuces Avellance and Prcenestina. 9 Theophrastus 10 
speaks of two varieties of this kind of nut, the one 
round, the other oblong ; the latter is referred by 
Sprengel to the Corylus tubulosa, Willd. 11 

*AUGFTES (auylTTjc), a species of gem deriving 
its name from its brilliancy (avyv). Pliny says it 
was thought by many to be different from the Cal- 
la'is, and hence the inference lias been drawn that 
it was generally the same with the latter, which 
was probably turquoise. 18 

AUGUR meant a diviner by birds, but was some- 
times applied in a more extended sense. The word 
seems to be connected with augeo, auguro, in the 
same manner as fulgur with fulgeo and fulguro. 
Augeo bears many traces of a religious meaning, to 
which it may have been at first restricted. 13 The 
idea of a second derivation from avis, confirmed by 
the analogy of auspex (avispex), may perhaps have 
limited the signification of augur. It is not improb- 
able that this last etymology may be the true one ; 
but if so, it is impossible to explain the second ele- 
ment of the word. " Augur, quod ab avium garritu 
derivari grammatici garriunt," says Salmasius. 

The institution of augurs is lost in the origin ol 
the Roman state. According to that view of the 
constitution which makes it come entire from the 
hands of the first king, a college of three was ap- 
pointed by Romulus, answering to the number of 
the three early tribes. Numa was said to have 
added two, 1 * yet, at the passing of the Ogulnian 
law (B.C. 300), the augurs were but four in num- 
ber : whether, as Livy 15 supposes, the deficiency 
was accidental, is uncertain. Niebuhr supposes 
that there were four augurs at the passing of the 
Ogulnian law, two apiece for the Rhamnes and 
Tities. But it seems incredible that the third tribe 
should have been excluded at so late a period ; nor 
does it appear how it ever obtained the privilege, as 
the additional augurs were elected from the plebs. 
By the law just mentioned, their number became 
nine, five of whom were chosen from the plebs. 
The dictator Sulla farther increased them to fif- 
teen, 16 a multiple of their original number, which 
probably had a reference to the early tribes. This 
continued until the time of Augustus, who, among 



1. (Compare Plin., Ep., i., 13.— Tacitus, De Orat., c 9, f9, 6 
—Suet., Tib., c, 11.)— 2. (Paulus, Dig. 49, tit. 9,s. 1.)— 3. (Ul- 
pian, Dig. 4, tit. 4, s. 18.)— 4. (i., 178.) — 5. (H. N., xv., 22.)— 
6. (in Virg., Georg., ii., 65.)— 7. (H. N., x"., 22.)— 8. (Sat., ii. r 
14.)— 9. (H. N., xvii., 13.)— 10. (H. P., iii., 15.)— 11. (F6e ic 
Plin., H. N., xv., 22.)— 12. (Moore's Anc Mineral., p. 181.)— 13 
(Compare Ovid, Fast., i., 609.)— 14. (Cic, De Rep., ii., 14 ) 
15. (x., 6.)— 16. (Liv., Epit., 89.) 

125 



AUGUR. 



AUGUR. 



otfeer extraordinary powers, had the right conferred 
on him of electing augurs at his pleasure, whether 
there was a vacancy or not, B.C. 29, 1 so that from 
this time the number of the college was unlimited. 

According to Dionysius, 2 the augurs, like the 
other priests, were originally elected by the comitia 
curiata, or assembly of the patricians, in their curiae. 
As no election was complete without the sanction 
of augury, the college virtually possessed a veto on 
the election of all its members. They very soon 
obtained the privilege of self-election (jus co-opta- 
tiyjiis), which, with one interruption, viz., at the 
election of the first plebeian augurs, they retained 
until B.C. 103, the year of the Domitian law. By 
this law it was enacted that vacancies in the priestly 
colleges should be filled up by the votes of a minori- 
ty of the tribes, i. e., seventeen out of thirty-five, 
chosen by lot. The Domitian law was repealed by 
Sulla, but again restored B.C. 63, during the con- 
sulship of Cicero, by the tribune T. Annius Labie- 
nus, with the support of Caesar. It was a second 
time abrogated by Antony ; whether again restored 
by Hirtius and Pansa, in their general annulment 
of the acts of Antony, seems uncertain. The em- 
perors, as mentioned above, possessed the right of 
electing augurs at pleasure. 

The augurship is described by Cicero, himself an 
augur, as the highest dignity in the state, 8 having 
an authority which could prevent the comitia from 
noting, or annul resolutions already passed, if the 
auspices had not been duly performed. The words 
alio die from a single augur might put a stop to all 
business, and a. decree of the college had several 
times rescinded laws. Such exorbitant powers, as 
Cicero must have seen, depended for their contin- 
uance on the moderation of those who exercised 
them. 

The augurs were elected for life, and, even if cap- 
itally convicted, never lost their sacred character.* 
They were to be free from any taint of disease while 
performing their sacred functions, which Plutarch 5 
thought was designed to show that purity of mind 
was required in the service of the gods. When a 
vacancy occurred, the candidate was nominated by 
two of the elder members of the college, 6 the elect- 
ors were sworn, 7 and the new member took an oath 
of secrecy before his inauguration. The only dis- 
tinction among them was one of age, the eldest au- 
gur being styled magister collegii* Among other 
privileges, they enjoyed that of wearing the purple 
prcEtexta, or, according to some, the trabea. On an- 
cient coins they are represented wearing a long 
robe, which veiled the head and reached down to 
the feet, thrown back over the left shoulder. They 
hold in the right hand a lituus or curved wand, 
hooked at the end like a crosier, and sometimes 
have the capis, 9 or earthen water vessel, by their 
side. 10 On solemn occasions they appear to have 
#om a garland on the head. 11 Although many of 
the augurs were senators, their office gave them no 
place in the senate. 12 The manner of taking the 
auspices is described under Auspicium. 

The chief duties of the augurs were to observe 
and report supernatural signs. They were also the 
repositories of the ceremonial law, and had to ad- 
vise on the expiation of prodigies, and other matters 
of religious observance. The sources of their art 
vbtg thieefold : first, the formulas and traditions of 
the college, which in ancient times met on the nones 
of every month ; secondly, the augurales libri, which 
were extant even in Seneca's time ; M thirdly, the 

1. (Dion, xli., 20.)— 2. (ii., 22.)— 3. (De Leg-., ii., 12.) — 4. 
(Plia., Ep., iv., 8.)— 5. (Qusest. Rom., 72.)— 6. (Cic, Phil., ii., 2.) 
—7. (Cic, Brut., i.)— 8. (Cic, De Seneot., 18.)— 9. (Liv.,x.,7.) 
—10. (Goltzii, Icones.)— 11. (Plut., Cass , p 730.)— 12. (Cic, ad 
Att,iv., 2.)— 13 (Ep., 107.) 
126 



commentarii augurum, such as those Gf Messala anu 
of Appius Clodius Pulcer, which seem to have been 
distinguished from the former as the treatises or 
learned men from received sacred writings. Other 
duties of the augurs were to assist magistrates and 
generals in taking the auspices. At the passing of 
a lex curiata, three were required to be present, a 
number probably designed to represent the three 
ancient tribes. 

One of the difficulties connected with this subject 
is to distinguish between the religious duties of the 
augurs and of the higher magistrates. Under the 
latter were included consul, praetor, and censor ; the 
quaestor, as appears from Varro, 1 being obliged to 
apply for the auspices to his superior. A single 
magistrate had the power of proroguing the comitia 
by the formula se de coelo servare. ( Vid. Auspicium.) 
The law obliged him to give notice beforehand, 2 so 
that it can only have been a religious way of exer- 
cising a constitutional right. The spectio, as it was 
termed, was a voluntary duty on the part of the 
magistrate, and no actual- observation was required. 
On the other hand, the augurs were employed by 
virtue of their office : they declared the auspices 
from immediate observation, without giving anv 
previous notice : they had the right of nuntiatio, not 
of spectio, at least in the comitia ; in other wordf 
they were to report *• . L'igies where they did, r,oC 
to invent them where they did not, exist. 

The college of augurs possessed far greater pow- 
er in the earlier than in the later period of Roman 
history. The old legends delighted to tell of the 
triumphs of religion : its first kings were augurs, 3 
and Romulus was believed to have founded the 
empire by a dirf'* intimation from heaven. It- 
seems natural that augury should have sprung up 
amid the simple habits of a rustic people, and hence 
we should be inclined to refer it to a Sabine rather 
than an Etruscan origin. That a learned system 
should be ingraft*"* on a more simple one, such as 
that of the ancient Sabines, seems surely far more 
probable than the reverse. Yet the prevalence of 
Etruscan influence, during the second and third 
centuries of Roman history, must have greatly 
modified the primitive belief. It might almost ap- 
pear that the conflict between the old and new reli- 
gion was hinted at in the story of Attus Naevius, 
especially when we remember that Tarquinius, 
whether of Latin or Etruscan origin, is undoubtedly 
the representative o'f an Etruscan period. The Ro- 
mans themselves, as Miiller admits, distinguished 
between their own rites of augury and Etruscan 
divination. The separate origin of the Roman re- 
ligion is implied in the tradition that Numa was of 
Sabine birth, not to mention that many of the names 
used by the augurs (such as Sangualis avis, from 
the Sabine god Sancus, Titiae aves, Sabinus cultus) 
bear traces of a Sabine origin. Such a view is not 
inconsistent with the incorporation of many parts 
of the Etruscan system, as the constitution of the 
college of augurs, or the divisions of the heavens. 

Augury was one of the many safeguards which 
the wisdom of an oligarchy opposed to the freedom 
of the plebs.* Of the three comitia — curiata, cen- 
turiata, and tributa — the two former were subject 
to the auspices. As the favourable signs were 
known to the augurs alone, their scruples were a 
pretext for the government to put off an inconve- 
nient assembly. Yet in early times the augurs 
were not the mere tools of the government, but 
formed by themselves, as is the case in almost all 
oligarchies, an important portion of the Roman 
state. The terrors of religion, which the senate 
and patricians used against the plebs, must often 

1. (Ling. Lat., vi., 9.)— 2. (Cic, Phil., ii., 32.)— 3 'C«c, D» 
Div., i., 2.)— 4. (Liv., vi.. 41.) 



AUGUSTALES. 



AUGUSTALES. 



have been turned against themselves, especially 
during the period when the college enjoyed an ab- 
solute control over the election of its own members. 
Under the kings, the story of Attus Naevius seems 
to testify the independence of the augurs. During 
many centuries their power was supported by the 
voice of public opinion. Livy tells us that the first 
military tribunes abdicated in consequence of a de- 
cree of the augurs ; and, on another occasion, the 
college boldly declared the plebeian dictator, M. C. 
Marcellus, to be irregularly created. 1 It was urged 
by the patricians, and half believed by the plebeians 
themselves, that the auspices would be profaned by 
the admission of the plebs to the rights of intermar- 
riage or the higher magistracies. With the consul- 
ship the plebeians must have obtained the higher 
auspices ; yet, as the magistrates were, in a great 
measure, dependant on the augurs, the plebs would 
not be, in this respect, on a level with the patricians 
until the passing of the Ogulnian law. During the 
civil wars, the augurs were employed by both par- 
ties as political tools. Cicero 3 laments the neglect 
and decline of the art in his day. The college of 
augurs was finally abolished by the Emperor Theo- 
dosius ; 3 but so deeply was the superstition rooted, 
that, even in the fourteenth century, a Christian 
bishop found it necessary to issue an edict against 
it.* 

For a view of the Roman augurs, which derives 
them from Etruria, see M tiller's Etrusher, hi., 5. 

I. AUGUSTA'LES (sc. ludi, also called Augus- 
talia, sc. certamina, ludicra, and by the Greek wri- 
ters and in Greek inscriptions, ZeCaora, le6dat/ia, 
kvyovarukia) were games celebrated in honour of 
Augustus at Rome and in other parts of the Ro- 
man Empire. After the battle of Actium, a quin- 
quennial festival (navf/yvpic 7revreTr/pt^) was institu- 
ted ; and the birthday (yevidTiLa) of Augustus, as 
well as that on which the victory was announced at 
Rome, were regarded as festival days. 5 In the 
provinces, also, in addition to temples and altars, 
quinquennial games were instituted in almost every 
town. 6 On his return from Rome to Greece, in 
B.C. 19, after being absent from Italy for two years, 
the day on which he returned was made a festival, 
and called Augustalia. 7 The Roman equites were 
accustomed, of their own accord, to celebrate the 
birthday of Augustus in every alternate year ; 8 and 
the praetors, before any decree had been passed for 
the purpose, were also in the habit of exhibiting 
games every year in honour of Augustus. Accord- 
ing to Dion Cassius, 9 it was not till B.C. 11 that 
the augustalia were established by a decree of the 
senate ; by which augustalia he appears, from the 
connexion of the passage, to mean the festival cel- 
ebrated on the birthday of Augustus. This account 
seems, however, to be st variance with the state- 
ment of Tacitus, who speaks of the augustales as 
first commenced in the reign of Tiberius {ludos Au- 
gustales tunc primum coeptos turbavit discordia 10 ), to 
reconcile which passage with the one quoted from 
Dion Cassius, Lipsius, without MS. authority, chan- 
ged cceptos into coepta ; but Tacitus apparently uses 
this expression on account of the formal recognition 
of the games, which was made at the beginning of 
the reign of Tiberius, 11 and thus speaks of them as 
first established at that time. They were exhibit- 
ed annually in the circus, at first by the tribunes of 
the plebes, at the commencement of the reign of 
Tiberius, but afterward by the praetor peregrinrs. 1 * 
These games continued to be exhibited in the time 
of Dion Cassius, that is, about A.D. 230. 13 



1. (Liv., viii., 23.)— 2. (Do Div., ii., 31, 34.)— 3. (Zosim., lib. 
iv.) — i. (Montfaucon, Supp., vol. i., 113.)— 5. (Dion, li., 19.)— 
6. (Suet., 0cta7., 59.)— 7. (Dion, liv., 10.)— 8. (Suet., Octav., 
57.)— 9. (liv., 34.: -10. (Tacit., Ann., i., 54.) — 11. (Tacit., Ann., 
i . 15.)— 12. (Tpci. , Ann., i., 15.— Dion, lvi., 46 )— 13. (liv., 34.) 



The augustales or augustalia at Neapolis (Na 
pies) were celebrated with great splendour. They 
were instituted in the lifetime of Augustus, 1 and 
were celebrated every five years. According to 
Strabo, 2 who speaks of these games without men- 
tioning their name, they rivalled the most magnifi- 
cent of the Grecian festivals. They consisted of 
gymnastic and musical contests, and lasted for sev- 
eral days. 3 At these games the Emperor Claudius 
brought forward a Greek comedy, and received the 
prize. 4 

Augustalia (HCaara) were also celebrated at Al- 
exandra, as appears from an inscription in Gruter ; s 
and in this city there was a magnificent temple to 
Augustus (Ee&zoTfiov, Augustale). We find men- 
tion of Augustalia in numerous other places, as Per- 
gamus, Nicomedia, &c. 

II. AUGUSTA'LES were an order of priests in 
the municipia, who were appointed by Augustus, 
and selected from the libertini, whose duty it was 
to attend to the religious rites connected with the 
worship of the Lares and Penates, which Augustus 
put in places where two or more ways met (in com- 
pitis 6 ). The name of this order of priests occurs 
frequently in inscriptions, from which we learn that 
the Augustales formed, in most municipia, a kind 
of corporation, of which the first six in importance 
had the title of seviri, and the remainder that of 
compitales Larum Aug. 1 It has been maintained 
by some modern writers that these augustales'Vere 
civil magistrates ; but there is good reason for - e- 
lieving that their duties were entirely of a religious 
nature. The office, which was called Augustalitas, 
was looked upon as honourable, and was much 
sought after by the more wealthy libertini ; and it 
appears that the decuriones in the municipia were 
accustomed to sell the dignity, since we find it re- 
corded in an inscription that the office had been 
conferred gratuitously upon an individual on account 
of the benefits which he had conferred upon the 
town (ordo decurionum ob merita ejus honorem Au- 
gustalitatis gratuilum decrevit 6 ). The number of 
augustales in each municipium does not appear to 
have had any limitation ; and it seems that, in 
course of time, almost all the respectable libertini 
in every municipium belonged to the order, which 
thus formed a middle class between the decuriones 
and plebs, like the equestrian order at Rome. We 
find in the inscriptions of many municipia that the 
decuriones, seviri or augustales, and plebs, are 
mentioned together, as if they were the three prin- 
cipal classes into which the community was div: 
ded. 9 

The augustales of whom we have been speaking 
should be carefully distinguished from the sodales 
Augustales, who were an order of priests instituted 
by Tiberius to attend to the worship of Augustus. 10 
They were chosen by lot from among the principal 
persons of Rome, and were twenty-one in number, 
to which were added Tiberius, Drusus, Claudius, 
and Germanicus. 11 They were also called sacerdotes 
Augustales ; ia and sometimes simply Augustales. 1 * 
It appears that similar priests were appointed to at- 
tend to the worship of other emperors after their 
decease ; and we accordingly find, in inscriptions, 
mention made of the sodales Flavii, Ha&rianahs, 
Mliani, Antonini, &C. 1 * 

It appears that the flamines Augustales ought to 
be distinguished from the sodales Augustales. We 
find that flamines and sacerdotes were appointed 



1. (Suet., Octav., 98.)— 2. (v., p. 246.)— 3. (Strabo, 1. c.)— 4. 
(Suet., Claud., 11. — Compare Dion, lx., 6.)— 5. (316, 2.) — 6 
(Schol. in Hor., Sat., II., iii., 281.)— 7. (Orelli, Inscrip., 3959.— 
Compare Petron., Sat., c. 30.)— 8. (Orelli, 3213.)— 9. (Orelli, 
3939.) — 10. (Tacit., Ann., i., 54. — Compare Orelli, Inscrip.. 
2366, 2367, &c.)— 11. (Tacit., 1. c.)— 12. (Tacit., Ann., ii., 83.; 
—13. (Tacit., Hist., ii., 95.)— 14. (Orelli, 7nscrip., 2371, &c) 

127 



AURUM. 



AURUM. 



in the life Lime of Augustus to attend to his worship ; 
imt we have the express statements of Suetonius 
and Dion Cassius that this worship was confined 
to the provinces, and was not practised in Rome, 
or in any part of Italy, during the lifetime of Au- 
gustus. 1 Women even were appointed priestesses 
of Augustus, as appears from an inscription in Gru- 
ter : a this practice probably took its origin from the 
appointment of Livia, by a decree of the senate, to 
be priestess to her deceased husband. 3 It seems 
probable that the sodales Augustales were intrusted 
with the management of the worship, but that the 
tiamines Augustales were the persons who actually 
offered the sacrifices and performed the other sacred 
rites. A member of the sodales Augustales was 
sometimes a flamen also (Neroni Ccesari, jiamini 
Augustali, sodali AugustaU*) ; and it is not improba- 
ble that the flamines were appointed by the sodales. 
AUGUSTUS. (Vid. Calendar, Roman.) 
AUL^EUM. (Vid. Siparium, Tapes, Velum ) 
*AULO'PIAS (avXuTTiag), a large fish, of which 
^Elian gives an interesting account. Rondelet re- 
fers it to the genus Labrus, or Wrasse, but Adams 
thinks it much more probable that it was a species 
of Squalus, or Shark. 

AULOS (ati/lof), a wind instrument played with 
the fingers. It consisted of several parts : yTi&TTic 
or y?MTra, the mouthpiece, which was taken off 
when not used, and kept in a case (yXurTOKOfielov) ; 
vrro-yXurTig, the under part of the mouthpiece, often 
put for the mouthpiece itself; ftkfiai, pieces of wood 
or bone inserted in the Tpvirrj^ara or openings, and 
pushed aside, or up and down, so as to narrow or 
extend the compass of the scale at pleasure ; 
v<I>6?i{xlov, similar to dXfioc, but inserted in the mouth- 
piece so as to lessen the power of the instrument 
when required : it is often confounded with bl^oc 
and yXurra. B6fi6vi- appears to have been the 
same with d?iftog : according to Hesychius, it was 
also a kind of av"kog. $op6eia was not a part of the 
avlofr but a strap fastened at the back of the head, 
with a hole in front fitting to the mouthpiece. (Vid. 
Phorbeia. 5 ) For an account of the different sorts 
of abloi, see Tibia ; and for the character of flute 
music, and its adaptation to the different modes, 
see Musica. 

AU'REUS. (Vid.Avnvu.) 
AURI'GA. (Vid. Circus) 
*AURIPIGMENTUM. (Vid. Arsenicum.) 
AURUM (xpvaog), Gold. It is stated under Ar- 
gentum, that as late as the commencement of the 
Peloponnesian war, the Athenians had no gold coin- 
age. It would appear from a passage in the Anti- 
gone, 6 that in the time of Sophocles gold was rare 
at A.thens. Indeed, throughout the whole of Greece, 
though gold was by no means unknown, it appears 
tit have been ohtained chiefly through the Greek 
cities of Asia Minor and the adjacent islands, which 
possessed it in abundance. The Homeric poems 
speak constantly of gold being laid up in treasuries, 
and used in large quantities for the purpose of or- 
nament ; but this is sufficiently accounted for by 
the fact that Homer was an Asiatic Greek. The 
chief places from which the Greeks procured their 
gold were India, Arabia, Armenia, Colchis, and 
Trees. It was found mixed with the sands of the 
Pactolus and other rivers. 

Greek Gold Money. — The time when gold was 
first coined at Athens is very uncertain. Aristoph- 
anes speaks in the Frogs (406 B.C.) of to kclivov 
Xpvaiov, " the new gold money," 7 which he imme- 
diately afterward calls Tcovnpa x^Kta. 9 The scho- 

1. (Tacit., Ann., i., 10.— Suet., Octav., 52.— Dion, li., 20.)— 
2. (320, 10.)— 3. (Dion, lvi., 46.)— 4. (Orelli, Inscrip., 2366, 
2368.) — 5. (Hesych. in vocibus. — Pollux, Onom., iv., 67. — Sal- 
mas., Plin. Exer., p. 120, a. 6. — Bartholin!, De Tibiis, p. 62.) — 
fi (v., 1038.)— 7 (v., 719.)— 8. (v., 724.) 
128 



liast on this passage states that in tie pieceding 
year the golden statues of Victory had been coined 
into money, and he quotes Hellanicus and Philo- 
chorus as authorities for this statement. It would 
appear from the language both of Aristophanes and 
the scholiast, and it is probable, from the circum- 
stances of Athens at the time (it was the year 
before the battle of iEgospotami), that this was a 
greatly debased gold coinage, struck to meet a par- 
ticular exigency. This matter is distinct from the 
general question respecting the Athenian gold coin- 
age, for the Attic money was proverbial for its 
purity , and the grammarians, who state that Athens 
had a gold coinage at an early period, speak of it as 
very pure. There are other passages in Aristopha- 
nes in which gold money is spoken of, but in them 
he is referring to Persian money, which is known 
to have been imported into Athens before the Athe- 
nians had any gold coinage of their own ; and even 
this seems to have been a rarity. 1 Demosthenes 
always uses apyvptov for money, except when he is 
speaking of foreign gold. In the speech against 
Phormio, where he repeatedly uses the word xP v ~ 
aiov, we are expressly told what was the money he 
referred to, namely, 120 staters of Cyzicus. 2 Isoc- 
rates, who uses the word in the same way, speaks 
in one passage of buying gold money (xpvauvecv) in 
exchange for silver. 3 In many passages of the 
orators, gold money is expressly said to have been 
imported from Persia and Macedonia. If we look 
at the Athenian history, we find that the silver 
mines at Laurion were regarded as one of the 
greatest treasures possessed by the state ; but no 
such mention is made of gold. Thucydides. 4 in 
enumerating the money in the Athenian treasury at 
the beginning of the Peloponnesian war, does not 
mention gold ; and Xenophon speaks of the monej 
of Athens in a manner which would lead us to sup- 
pose that it had no gold coinage in his time.* The * 
mines of Scaptehyle, in Thrace, were indeed 
worked some years before this period, 6 but Ihe gold 
procured from them does not appear to have been 
coined, but to have been laid up in the treasury in 
the form of counters ((pdoUeg 1 ). Foreign gold coin 
was often brought into the treasury, as some of the 
allies paid their tribute in money of Cyzicus. The 
gold money thus introduced may have been allowed 
to circulate, while silver remained the current 
money of the state. 

The character of the Attic gold coins now in ex 
istence, and their small number (about a dozen), is 
a strong proof against the existence of a gold cur- 
rency at Athens at an early period. There are 
three Attic staters in the British Museum, and one 
in the Hunterian Museum at Glasgow, which there 
is good reason to believe are genuine ; their weights 
agree exactly with the Attic standard. In the 
character of the impression, they bear a striking re- 
semblance to the old Attic silver ; but they diffe- 
from it by the absence of the thick, bulky form, anc. 
the high relief of the impression which is seen ir, 
the old silver of Athens, and in the old gold coins 
of other states. In thickness, volume, and the 
depth of the die from which they were struck, they 
closely resemble the Macedonian coinage. Now, 
as upon the rise of the Macedonian empire, golJ 
became plentiful in Greece, and was coined in large 
quantities by the Macedonian kings, it is not im- 
probable that Athens, like other Grecian states, 
may have followed their example, and issued a gold 
coinage in imitation of her ancient silver. On the 
whole, it appears most probable that gold money 

1. (Vid. Aristoph., Acharn., v., 102, 108— Equit., v., 470 
— Av., v., 574.) — 2. (p. 914. — Compare his speech, irpdj 
Aa/cp<V., p. 935.) — 3. (Trapezit., p. 367.) -4. (ii., 13.) — ? 
(Vectigal, iv., 10.)— 6. (Taucyd., iv., 105.)— 7. (Bockh, I 
scrip., vol. i., p. 145, 146.; 



AUR13M. 



AURUM CORONARIUM. 



was not coined at Athens in the period between 
Pericles and Alexander the Great, if we except the 
solitary issue of debased gold in the year 407. 

A question similar to that just discussed arises 
with respect to other Greek states, which we know 
to have had a silver currency, but of which a few 
gold coins are found. This is the case with -^Egina, 
Thebes, Argos, Carystus in Eubo^a, Acarnania, and 
^Etolia. But of these coins, all except two bear 
evident marks, in their weight or workmanship, of 
belonging to a period not earlier than Alexander 
the Great. There is great reason, therefore, to 
believe that no gold coinage existed in Greece 
Proper before the time of that monarch. 

But from a very early period the Asiatic nations, 
and the Greek cities of Asia Minor and the adjacent 
islands, as well as Sicily and Cyrene, possessed a 
gold coinage, which was more or less current in 
Greece. Herodotus' says that the Lydians were 
the first who coined gold, and the stater of Croesus 
appears to have been the earliest gold coin known 
to the Greeks. The Dane was a Persian coin. 
Staters of Cyzicus and Phocaea had a considerable 
currency in Greece. There was a gold coinage in 
Samos as early as the time of Polycrates. 3 The 
islands cf Siphnus and Thasos, which possessed 
gold mines, appear to have had a gold coinage at 
an early period. In most of the coins of the Greek 
cities of Asia Minor the metal is very base. The 
Macedonian gold coinage came into circulation in 
Greece in the time of Philip, and continued in use 
till the subjection of Greece to the Romans. (Vid. 
Daricus, Stater.) 

Roman Gold Money. — The standard gold coin 
of Rome was the aureus minimus, or denarius aure- 
us, which, according to Pliny, 3 was first coined 62 
years after the first silver coinage (vid. Argentum), 
that is, in the year 207 B.C. The lowest denomi- 
nation was the scrupulum, which was made equal 
to 20 sestertii. The weight of the scrupulum, as 
determined by Mr. Hussey,* was 1806 grs. In the 
British Museum there are gold coins of one, two, 
three, and four scrupula, the weights of which are 
17 2, 345, 518, and 689 grains respectively. They 
bear a head of Mars on one side, and on the other 
an eagle standing on a thunderbolt, and beneath 
the inscription " Roma." The first has the mark 
xx (20 sestertii) ; the second, xxxx (40 sestertii) : 
the third, vi^x (60 sestertii). Of the last we sub- 
join an engraving : 




Pliny adds, that afterward aurei were coined of 
40 to the pound, which weight was diminished, till, 
under Nero (the reading of this word is doubtful), 
they were 45 to the pound. This change is sup- 
posed, from an examination of extant specimens, 
to have been made in the time of Julius Caesar. 
The estimated full weight of the aurei of 40 to the 
pound is 130 1 grains ; of those of 45 to the pound, 
115 64 grains. No specimens exist which come up 
to the 130 1 grains ; the heaviest known is one of 
Pompey, which weighs 1282 grains. The average 
of the gold coins of Julius Caesar is fixed by Le- 
tronne at 125 66 grains, those of Nero, 11539 
grains. Though the weight of the aureus was 
diminished, its proportion to the weight of the de- 
narius remained about the same, namely, as 2 : 1 
(or rather, perhaps, as 21 : 1). Therefore, since 
the standard weight of the denarius, under the 

1. fi., 94.) — 2. (Herod., iii., 56.)— 3. (H. N., xxxiii., 13.) 
f Ancient Weights and Money.) 

R 



early emperors, was 60 grains, that of the aureus 
should be 120. The average weight of the aurei 
of Augustus, in the British Museum, is 1212A 
grains : and as the weight was afterward dimin- 
ished, we may take the average at 120 grains. 

There seems to have been no intentional alloy in 
the Roman gold coins, but they generally contained 
a small portion of native silver. The average alloy 



is 



300" 



The aureus of the Roman emperors, therefore, 
contained ^££—4 of a grain of alloy, and, there- 
fore, 1196 grains of pure gold. Now a sovereign 
contains 113 12 grains of pure gold. Therefore the 
value of the aureus in terms of the sovereign is 
wi : i%— 1*0564=1/. Is. Id. and a little more than 
a halfpenny. This is its value according to the 
present worth of gold ; but its current value in 
Rome was different from fhis, on account of the 
difference in the worth of the metal. The aureus 
passed for 25 denarii ; therefore, the denarius being 
8±d., it was worth 17s. 8^d. The ratio of the 
value of gold to that of silver is given in the arti- 
cle Argentum. 

The following cut represents an aureus of Au- 
gustus in the British Museum, which weighs 121 
grains : 




Alexander Severus coined pieces of one half anu 
one third of the aureus, called, semissis and trcmis- 
sis, 1 after which time the aureus was called solidus 

Constantine the Great coined aurei of 72 to the 
pound, at which standard the coin remained to the 
end of the Empire. 2 

AURUM CORONA'RIUM. When a general in 
a Roman province had obtained a victory, it was 
the custom for the cities in his own provinces, and 
for those from the neighbouring states, to send 
golden crowns to him, which were carried before 
him in his triumph at Rome. 3 This practice ap- 
pears to have been borrowed from the Greeks ; for 
Chares relates, in his history of Alexander,* that 
after the conquest of Persia, crowns were sent to 
Alexander which amounted to the weight of 10,500 
talents. The number of crowns which were sent 
to a Roman general was sometimes very great. 
Cn. Manlius had 200 crowns carried before him in 
the triumph which he obtained on account of his 
conquest of the Gauls in Asia. 5 In the time of 
Cicero, it appears to have been usual for the cities 
of the provinces, instead of sending crowns on oc- 
casion of a victory, to pay money, which was called 
aurum coronarium. 6 This offering, which was at 
first voluntary, came to be regarded as a regular 
tribute, and seems to have been sometimes exacted 
by the governors of the provinces even when no 
victory had been gained. By a law of Julius Cae- 
sar, 7 it was provided that the aurum coronarium 
should not be given unless a triumph was decreec" ; 
but under the emperors it was exacted on many 
other occasions, as, for instance* on the adoption of 
Antoninus Pius. 8 It continued to be collected, ap- 
parently as a part of the revenue, in the time of 
Valentinian and Theodosius. 9 



1. (Lamprid., Alex. Sev., c. 39.)— 2. (Cod. x., tit. 70, s. 5.— 
Hussey on Ancient Weights and Money.— Wurm, De Pond., 
&c.)— 3. (Liv., xxxviii., 37 ; xxxix., 7.— Festus, s. v. Trium- 
phales Coronae.) — 4. (ap. Athen., xii., p. 539, A.)— 5. (Liv, 
xxxix., 7.)— 6. (Cic., Leg. Agr., ii., 22.— Aul. Gell., v., 6.— 
Monum. Ancyr.)— 7. (Cic. in Pis., c. 37.)— 8. (Capitohn., Anton 
Pius, c. 4.)— 9. (Cod. x., tit. 74.) 

129 



AUSPICIUM. 



AUSPICIUM. 



Servius says 1 that aurum coronanum was a sum 
of money exacted from conquered nations, in con- 
sideration of the lives of the citizens being spared ; 
but this statement does not appear to be correct. 

AURUM LUSTRA'LE was a tax imposed by 
Constantine, according to Zosimus, 3 upon all mer- 
chants and traders, which was payable at every 
lustrum, or every four years, and not at every five, 
as might have been expected from the original 
length of the lustrum. This tax was also called 
auri el argenti collalio or prastatio, and thus, in 
Greek, rj avvreXeca tj tov xpvcapyvpov. 3 It appears 
from an inscription in Gruter* that there was a dis- 
tinct officer appointed to collect this tax {auri lus- 
tralis coactor). 

AUSPICIUM originally meant a sign from birds. 
The word is derived from avis, and the root spec. 
As the Roman religion was gradually extended by 
additions from Greece and Etruria, the meaning of 
the word was widened, so as to include any super- 
natural sign. The chief difference between auspi- 
cium and augurium seems to have been, that the 
latter term is never applied to the spectio of the 
magistrate. (Vid. Augur.) 

Whoever has thought on this part of the Roman 
religion cannot but feel astonished at its exceeding 
simplicity. The rudest observations on the instinct 
of birds, such as the country people make in all 
ages, were the foundation of the Roman belief. 
The system outlived the age for which it was 
adapted and in which it arose. Its duration may 
be attributed to its convenience as a political in- 
strument : at length, as learning and civilization in- 
creased, it ceased to be regarded in any other light. 

Yet, simple as the system appears, of its innu- 
merable details only a faint outline can be given. 5 
Birds were divided into two classes, oscines and 
frczpetes ; the former gave omens by singing, the 
latter by their flight and the motion of their wings. 
Every motion of every bird had a different mean- 
ing, according to the different circumstances or 
times of the year when it was observed. Many 
signs were supposed to be so obvious, that any, not 
Minded by fate, might understand them ; and much 
was not reducible to any rule, the meaning of which 
could only be detected by the discrimination of au- 
gurs. 

Another division of birds was into dextra and 
sinistra, about the meaning of which some difficulty 
has arisen, from a confusion of Greek and Roman 
notions in the writings of the classics. The Greeks 
and Romans were generally agreed that auspicious 
signs came from the east ; but as the Greek priest 
turned his face to the north, the east was on his 
right hand ; the Roman augur, with his face to the 
south, had the east on his left. The confusion was 
farther increased by the euphemisms common to 
both nations ; and the rule itself was not universal, 
at least with the Romans : the jay when it appeared 
on the left, the crow on the right, being thought to 
give sure omens. 6 

The auspices were taken before a marriage, 7 be- 
fore entering on an expedition, 8 before the passing 
of laws or election of magistrates, or any other im- 
portant occasion, whether public or private. Can- 
didates for public offices used to sleep without the 
walls on the night before the election, that they 
might take the auspices before daylight. In early 
times, such was the importance attached to them, 
that a soldier was released from the military oath 
if the auspices had not been duly performed. 



1. (In Virg., J5n., viii.,721.)— 2. (ii., 38.)— 3. (Cod. 11, tit. 1. 
—Cod. Theodos., 13, tit. 1.)— 4. (p. 347, n. 4.)— 5. (Vid. Niphus, 
De Auguriis — Bulengre, De Aug. — Dempster, Antiq. Rom., lib. 
Hi.;— 6. (Hor., Od., III., xxvii., 11-16.— Ep., I.,vii., 52.— Virg., 
^En., ii., 633.— Eclog., ix., 15.— Persius, Sat., v., 114.)— 7. (Cic, 
f>» Div.,i., 11.)— 8 'Plut Marc. Crass.) 
130 



The commander-in-chief of an army received tua 
auspices, together with the imperium, and a war 
was therefore said to be carried on ductu et auspicio 
imperatoris, even if he were absent from the army ; 
and thus, if the legatus gained a victory in the 
absence of his commander, the latter, and not his 
deputy, was honoured by a triumph. 

The ordinary manner of taking the auspices waa 
as follows : The augur went out before the dawn 
of day, and, sitting in an open place, with his head 
veiled, marked out with a wand (lituus) the divis- 
ions of the heavens. Next he declared, in a sol- 
emn form of words, the limits assigned, making 
shrubs or trees, called tesqua, 1 his boundary on earth 
correspondent to that in the sky. The templum 
augurale, which appears to have included both, was 
divided into four parts : those to the east and west 
were termed sinistra and dextrce ; to the north and 
south, antica and postica. (Vid. Agrimensores ) 
If a breath of air disturbed the calmness of the 
heavens (si silentium non esset*), the auspices could 
not be taken, and, according to Plutarch, 3 it was for 
this reason the augurs carried lanterns open to the 
wind. After sacrificing, the augur offered a prayei 
for the desired signs to appear, repeating, after an 
inferior minister, a set form : unless the first ap- 
pearances were confirmed by subsequent ones, they 
were insufficient. If, in returning home, the augur 
came to a running stream, he again repeated a 
prayer, and purified himself in its waters ; other- 
wise the auspices were held to be null. 

Another method of taking the auspices, more 
usual on military expeditions, was from the feeding 
of birds confined in a cage, and committed to the 
care of the pullarius. An ancient decree of the col- 
lege of augurs allowed the auspices to be taken 
from any bird.* When all around seemed favour- 
able (silentio facto, h. e. quod omni vitio caret), either 
at dawn 5 or in the evening, the pullarius opened 
the cage, and threw to the chickens pulse, or a kind 
of soft cake. If they refused to come out, 6 or to 
eat, or uttered a cry (occinerent), or beat their wings, 
or flew away, the signs were considered unfavour- 
able, and the engagement was delayed. On the 
contrary, if they ate greedily, so that something fell 
and struck the earth (tripudium solistimum, 7 tripu- 
dium quasi terripavium, solistimum, from solum, the 
latter part of the word probably from the root of sti- 
mulo), it was held a favourable sign. Two other 
kinds of tripudia are mentioned by Festus, the tri- 
pudium oscinum, from the cry of birds, and sonivium, 
from the sound of the pulse falling to the ground. 8 

The place where the auspices were taken, called 
auguraculum, augurale, or auguratorium, was open 
to the heavens : one of the most ancient of these 
was on the Palatine Hill, the regular station for the 
observations of augurs. Sometimes the auspices 
were taken in the Capitol, or in the pomcerium. Ir. 
the camp, a place was set apart to the right of the 
general's tent. 9 On other occasions, when the 
auspices were taken without the walls, the augui 
pitched a tent after a solemn form : if he repassed 
the pomcerium without taking the auspices, it wa« 
necessary that the- tent should be taken down and 
dedicated anew. 10 

The lex iElia and Fufia provided that no assem- 
blies of the people should be held, nisi prius de ccelo 
servalum esset. 11 It appears to have confirmed to 
the magistrates the power of obnunciatio, or of inter- 
posing a veto. (Vid. Augur.) 

Auspicia were said to be clivia, prohibitory, impe- 

1. (Varro, De Ling. Lat., vi., 4.)— 2. (Cic, De Div., ii., 34.) 
—3. (QuiEst. Rom.)— 4. (Cic., De Div., ii., 34.)— 5. (Liv., x.. 
40.)— 6. (Val. Max., i., 4 )— 7. (Cic, De Div., ii., 34.)— 8. (Cic, 
Ep. ad Fam., vi., 6— Serv. in ^En., iii., 90 : " Tremere omnia, 
visa repente.")— 'J. (Tacit., Ann., ii., 13.)— 10. (Val. Max.. i.. I.' 
—11. (Cic, Pro Sextio, c. 17.— Pro Vat., c. 9.) 



AUTONOMI. 



BACCAR. 



'rativa or impetrita, obtained by prayer, opposed to 
iblativa, spontaneous ; majora those of the higher, 
minora of the inferior magistrates ; coacta, when the 
-hickens were starved by the pullarius into giving 
favourable signs -, 1 ef acuminibus, from the bright- 
ness or sharpness o\ weapons, an art which Cice- 
ro 8 laments as lost in nis own day ; juge auspicium, 
from birds reappearing in pairs ; pedestre, from ani- 
mals ; cozleste (diocnfiia), from lightning, &c. ; prce- 
termine, before passing the borders (diadarnpia) ; 
perenne, before crossing a river ; viale (eivodiov), 
an omen in the way. 3 

Augurium salutis was taken once during the year, 
and only in time of peace,* to inquire of the gods 
concerning the well-being of the state. 

The avis sangualis (a kind of eagle, probably the 
osprey) was so called from the Sabine god Sancus, 
as were the Titia aves, according to Varro, 6 from 
the sodales Titii. Both were in high esteem with 
the augurs. The owl, the swallow, the jay, the 
woodpecker, were almost always inauspicious : the 
eagle, the bird of Jupiter, on the other hand, was 
generally a messenger of good, as also the heron. 
The crow, before a marriage, was considered an 
omen of matrimonial happiness. 

The curious in such matters may find a vast 
number of similar particulars in Bulengre, 6 which 
is printed in the fifth volume of the Thesaurus of 
Graevius. 

*AUSTERA'LIS, a plant mentioned by Apuleius, 
and the same with the Sisymbrium. (Vid. Sisym- 
brium.) 

*AUTACHA'TES (avraxdrng), a species of Agate, 
which diffused, when burned, according to Pliny, a 
fragrance resembling that of myrrh. Salmasius 
conjectures stactachates, in the text of Pliny, for au- 
tachatcs : " Stactachates sic dictus, quod stactcs odo- 
rem, id est myrrhce, haberet ustus." He has no MS. 
authority, however, in his favour. 7 

AUTHENTIC A. (Vid. Novelue.) 

AUTHEPSA (avdi^rjc), which literally means 
" self-boiling" or " self-cooking," was the name of a 
vessel, which is supposed by Bottiger to have been 
used for heating water, or for keeping it hot. Its 
form is not known for certain ; but Bottiger 8 con- 
jectures that a vessel, which is engraved in Cay- 
lus, is a specimen of an authepsa. 9 

Cicero 10 speaks of authepsae among other costly 
Corinthian and Delian vessels. In later times they 
were made of silver. 11 Voss, in his commentary on 
Catullus, 13 compares this vessel with the Greek lir- 
voAeBrjc, which occurs in Lucian 13 and Athenaeus. 14 

ATTOMOA'IAS ITA$H (avrofiollac ypatyr)) was 
the accusation of persons charged with having de- 
serted and gone over to the enemy during war. 
There are no speeches extant upon this subject. 
Petitus, however, collects 14 from the words of a 
commentator upon Demosthenes (Ulpian), that the 
Dunishment of this crime was death. Meier 16 awards 
the presidency of the court in which it was tried to 
the generals ; but the circumstance of persons who 
left the city in times of danger, without any inten- 
tion of going over to the enemy, being tried by the 
Areiopagus as traitors (irpodoTai 17 ), will make us 
pause before we conclude that persons not enlisted 
as soldiers could be indicted of this offence before a 
military tribunal. 

AUTON'OMI (airovofiot) was the name given by 

1. (Cic, De Div., ii., 35.)— 2. (De Div., ii., 30.)— 3. (Hor., 
Od., III., xxvii., 1-7.)— 4. (Dion, li., p. 457.)— 5. (De Ling. Lat., 
iv., 15 ; the same with titus, a sort of dove.) — 6. (De Auguriis, 
lib. ii.)— 7. (Plin., H. N., xxxvii., 54— Salmas. in loc.)— 8. (Sa- 
bina, vol ii., p. 30.)— 9. (Recueil d'Antiquites, vol. ii., tab. 27.) 
-10. (P_":> Rose. Amer., c. 46.)— 11. (Lampriu., Heliogab., 19; 
iut the Teading- is doubtful.)— 12. (p. 318.)— 13. (Lexiph., 8.)— 
»4. (Casaubon, Animadv. in Athen., iii., 20.)— 15. (Leg. Att., 
174.)— 10. (Att. Process, 36 s ) — 17. (^Esch. in Ctcs., 106, 
Tayl. — Lycurg., c Leocrat.) 



the Greeks to those states which were got ernea by 
their own laws, and were not subject to any foreign 
power. 1 This name was also given to those cities 
subject to the Romans, which were permitted tc 
enjoy their own laws, and elect their own magis- 
trates (Omnes, suis legibus et judiciis usa avrovo- 
fxiav adeptce, revixerunt*). This permission was re- 
garded as a great privilege and mark of honoui , 
and we accordingly find it recorded on coins and 
medals, as, for instance, on those of Antioch, AN- 
TIOXE&N MHTPOIIOA. ATTONOMOT ; on those 
of Halicarnassus, AAIKAPNACCEflN AYTONO- 
M£2N, and on those of many other cities. 3 

ATTOTEAH2 AIKH. (Vid. Dike.) 

AUXILIA'RES. (Vid. Seen.) 

AXAMENTA. (Vid. Salii.) 

AXI'NE (u^lvri). (Vid. Securis.) 

AX'ONES (u^ovec) were wooden tablets zt « 
square or pyramidal form, made to turn on an axis, 
on which were written the laws of Solon. They 
were at first preserved in the Acropolis, but were 
afterward placed, through the advice of Ephialtes, 
in the Agora, in order that all persons might be able 
to read them.* According to Aristotle, 5 they were 
the same as the KvpSpe-ic. A small portion of them 
was preserved in the time of Plutarch (I. c.) in the 
Prytaneum. 6 

B. 

BABYLO'NICUM, a Babylonian shawl. The 
splendid productions of the Babylonian looms, which 
appear, even as early as the days of Joshua, to have 
excited universal admiration, 7 were, like the shawls 
of modern Persia, adorned both with gold and with 
variously coloured figures. Hence Publius Syrus 9 
compares a peacock's train to a figured Babyloni 
cum, enriched with gold (plumato aureo Babylomco). 
Lucretius 9 and Martial 10 celebrate the magnificence 
of these textures, and Pliny 11 mentions the enor- 
mous prices of some which were intended to serve as 
furniture for triclinia (tricliniaria Babylonica). Nev- 
ertheless, Plutarch informs us, in his life of the elder 
Cato, that when one of these precious shawls (km- 
tXrifxa tC)v noiKilcov BaSvXuvtKov) was bequeathed 
to him, he immediately gave it away. ( Vid. Pal- 
lium, Peristroma, Stragulum.) 

BACCA. (Vid. Inauris, Monile.) 

*BACCAR or BACC'ARIS (pdicxapic), a plant. 
" Even in ancient times," remarks Adams, " it was 
a matter of dispute what this was. Galen says 
that the term had been applied both to an herb and 
a Lydian ointment. Of modern authorities, some 
have supposed it to be Clary, some Fox-glove, and 
some Averts, or Bennet ; but all these opinions are 
utterly at variance with its characters as given by 
Dioscorides." Dr. Martyn remarks that many hold 
it to be spikenard, but he is rather inclined to iden- 
tify it with the Conyza of the ancients. 13 Matthio- 
lus, in like manner, and Bauhin, point to the Cony- 
za squarrosa, L. ; which I think the most probable 
conjecture that has been formed respecting it. 
though it does not satisfy Sprengel. Dierbach, 
however, contends for its being the Gnaphalium 
sanguineum, or Bloody Cudweed. Sprengel oakes 
the ' Baccar' of Virgil 14 to have been the Valeriana 
Celtica, Celtic Valerian." 15 A species of aromatic 
oil or unguent was made out of the root of the 
Ba.ccar, called fianxdpivov fivpov. 



■ 1. (Thucyd., v., 18, 27.— Xen., Hellen., v., 1, Y 31.)— 2. (Cic, 
ad Att., vi., 2.) — 3. (Spanh., De Prast. et Usu Numisra., p. 
789,Amst., 1671.)— 4. (Plut., Sol., 35.— Schol. in Aristoph , At ., 
1360 ; and the authorities quoted in Petit., Leg. Att., p. 178, 
and Wachsmuth, i., 1, p. 266.)— 5. (ap. Plut., Sol., 25.)— 6. 
(Compare Paus., i., 18, $ 3.)— 7. (Josh., vii., 21.)— 8. (ap. Pe- 
tron., c. 55.)— 9. (iv., 1023.)— 10. (viii., 28.)— 11. (viii., 74.)- 
12. (iii., 44.)— 13. (in Virg., Eclog., iv., 19.)— 14. (Yir<r., 1. c.)- 
15. (Adams, Append., s. v Billerbeck, Flora Classira, p. 213., 

13 J 



J3AKTERIA. 



BALLOTE. 



BACCHANA'LIA. (Vid. Dionysia.; 

BACULUS, dim. BACILLUS, BACILLUM (pd K - 
xpov, cKTJTrrpov), a staff, a walking-stick. 

The aid afforded by the /3d/crpoi> to the steps of 
the aged is recognised in the celebrated enigma of 
the Sphinx, which was solved by CEdipus. 1 In his 
old age, CEdipus himself is represented asking his 
daughter for the same support : Bu/erpa Trpoofyep', u 
Teicvov.* When, in Ovid's Metamorphoses, certain 
of the gods (viz., Minerva 3 and Vertumnus 4 ) as- 
sume the garb of old women, they take the baculus 
to lean upon. On the other hand, an old man in 
Juvenal, 5 describing himself as still hale and vig- 
orous, says that he walked without a stick (nullo 
dextram subeunte bacillo). 

If the loss of sight was added to infirmity, the 
staff was requisite for direction as well as for sup- 
port. To the blind seer Tiresias one was given, 
which served him instead of eyes (uiya. fidnrpov, 6 
oKT/TTrpov 7 ). Homer represents him as carrying it 
even in Erebus. 8 

A dutiful and affectionate daughter is figuratively 
called the staff of her aged parents. Thus Hecuba 
describes Polyxena ((idnrpov 9 ), and the same beau- 
tiful metaphor is applied to Antigone and Ismene, 
the daughters of CEdipus (GKr/irrpu 10 ). 

The staff and wallet were frequently borne by 
philosophers, and were more especially characteris- 
tic of the Cynics. (Vid. Pera.) 

The shepherds also used a straight staff as well 
as a crook. The annexed woodcut, taken from a 
gem in the Florentine cabinet, shows the attire of a 
Roman shepherd in the character of Faustulus, who 
is contemplating the she-wolf with Romulus and 
Remus. It illustrates what Ovid 1 * says of himself 
in his exile : 

;,: y.'nc velim baculo pascere nixus ores." 




Among the gods, iEsculapius, 13 Janus, 13 and oc- 
casionally Somnus, 1 * were represented as old men 
leaning on a staff. 

It appears that the kings of Sparta carried a trun- 
cheon (ftatcrnpta) as the ensign of their authority. 15 
On the occasion of one of them lifting it up in a 
threatening attitude, Themistocles returned the cel- 
ebrated answer, " Strike, but hear." In reference 
to this custom, the truncheon (baculus) was carried 
in the hand by actors on the Roman stage. 16 The 
dicasts at Athens received, at the time of their ap- 
pointment, a (3a.KT7]pia and cvfiSolov as a mark of 
their authority. 17 

Crooked sticks were carried by men of fashion at 
Athens (paicTvpiai t&v okoIiuv ek AaKedaifiovog 16 ). 

As baculus was a general term, its application in 
rarious specific senses is farther explained under 
Lituus, Pedum, Sceptrum, Virga. 

BAKTE'RIA (f3aKT V pia). (Vid. Baculus.) 

1. (Apollodor., iii., 5. — Schol. in Eurip., Phoen., 50.) — 2. (Eu- 
rip., Phcen., 1742.— Compare 1560.)— 3. (vi., 27.)— 4. (xiv., 
655.)— 5. (Sat., iii., 27.)— 6. (CaUim., Lav. Pall., 127.)— 7. 
(Apollodor., iii., 6.)— 8. (Od., xi., 91.)— 9. (Eurip., Hec, 278.)— 
10. (Soph., (Ed. Col., 844, 1105.)— 11. (De Ponto, i., 8.)— 12. 
(Ovid, Met., xv., 655.)— 13. (Fast., i., 177.)— 14. (Bas-relief in 
Villa Albani.)— 15- (Thucyd., viii., 84.— Duker in loc.) — 16. 
(Suet., Ner., 24.1—17. (Demosth., De Cor., p. 298.— Taylor in 
loc.)— 18. (Theo or rast., Clrar., 5.) 
132 



BJEBIA ^EMILTA LEX. {Vid. Ambitus., 

*BAL^E'NA (((>dlaiva), the Whale. After tin! 
conquest of Britain by the Romans, it is not im- 
probable that they may have acquired some knowl- 
edge of the BalcBna mysticetus, or Great Greenland 
Whale, and that it may be the Balcena of Britain to 
which Juvenal 1 alludes. The ancients were also 
acquainted with the Balana Physalus, the Gibbar or 
fin-fish. ( Vid. Physalus.) There can be no doubt, 
however, that the <j>dlaiva of Aristotle and ^Elian, 
as well as of Xenocrates and Galen, was the Phy- 
seter microps, L., the Cachalot or Spermaceti whale. 8 

♦BAL'ANUS (pdlavoc). I. A crustaceous fish 
described by Aristotle and Xenocrates, and which, 
according to Coray, is the Lepas Balanus, L., called 
in English the Barnacle. 3 

II. (Bdlavoc fivpeipucf/), the Nut-Ben, from which 
a perfume was obtained by the ancients.* Djoscor- 
ides says, " It is the fruit of a tree resembling the 
Myrica, like what is called the Pontic bean, the in- 
ner part of which, when pressed, like bitter almonds, 
emits a liquid that is used for preparing many oint- 
ments." Moses Charras says of it, " The Nut-Ben, 
called by the Greeks Balanus Myrepsica, by the Ro- 
mans Glans Unguentaria, affords its oil by pressing 
in the same manner as other fruits." The tree 
which furnishes the Nut-Ben has got the name of 
Hyperanthera moringa, Vahl., in English, the Smooth 
Bonduc-tree. " It is worthy of remark, that the 
Nut-Ben is called also Myrobalanum by the Greeks 
and Romans, a term which it is important that the 
reader should not confound with the Myrobalans of 
the Arabians and of the moderns. These are all 
stone-fruits got from the East. The only Greek 
authors who make mention of the latter are Actua- 
rius, Zosimus Panopolita, and Myrepsus." 5 

BAL'ATRO, a professional jester, buffoon, or par- 
asite.* In Horace, 7 Balatro is used as a propef 
name — Servilius Balatro. An old scholiast, in com- 
menting on this word, derives the common word 
from the proper names ; buffoons being called bala- 
trones, because Servilius Balatro was a buffoon : 
but this is opposed to the natural inference from the 
former passage, and was said to get rid of a diffi- 
culty. Festus derives the word from blatea, and 
supposes buffoons to have been called balatrones, 
because they were dirty fellows, and were covered 
with spots of mud (blatea), with which they got 
spattered in walking ; but this is opposed to sound 
etymology and common sense. Another writer has 
derived it from barathrum, and supposes buffoons 
to have been called balatrones, because they, so to 
speak, carried their jesting to market, even into the 
very depth (barathrum) of the shambles (barathrum 
macelli*). According to some readings, Lucretius 9 
has barathro in a similar sense to balatro. Perhaps 
balatro may be connected with bala-re (to bleat like 
a sheep, and hence) to speak sillily. It is probably 
connected with blatero, a busy-body. 10 Balatrones 
were paid for their jests, and the tables of the 
wealthy were generally open to them for the sake 
of the amusement they afforded the company. 

*BAL / ERUS (ffdlepoc), a fish of the Carp species. 
Artedi supposes it a species of Cyprinus, called in 
French Bordeliere, and in German Blick. 11 

BALIS'TA, BALLIS'TA. (Vid. Tormentum.) 

*BALLO'TE (Pallurfi), a plant. Pliny 12 calls it 
u porrum nigrum," confounding, apparently, irpdoov 
with npdoLov. In another place 1 ' he describes it as 



1. (Sat., x., 14.)— 2. (Aristot., H. A., i., 5 ; viii., 2.— JElian, 
N. A., ii., 52; v., 48; ix., 50. — Adams, Append., s. v.) — 3. 
(Adams, Append., s. v.) — 4. (Hor., Od., iii., 29, 4.) — 5. (Dios- 
cor., iv., 157. — Paul. -<Egin., vii. — Plin., H.N.,xii.,31. — Adams, 
Append., s. v.)— 6. (Hor., Sat., I., ii., 2.)— 7. (Sat., II., viii., 21.) 
—8. (Hor., Ep., I., xv., 31.)— 9. (iii., 966.)— 10. (Aul. Gell., i., 
15.) — 11. (Aristot., H. A., viii., 20. — Adams, Append., s. v.)— 
12. (H. N., xxvii., 30.)— 13. (H. N., xx.. 89.) 



BALTEUS. 



BALTEUS. 



a species of Horehound, under the name of " Marru- 
bium nigrum,'''' which, as Hardouin remarks, is evi- 
dently the Ballote. 1 Bauhin accordingly marks his 
sixth species of Marrubium, namely, his Marrubium 
nigrum fcetidum, as the Ballote Dioscor. Sprengel 
refers it to the Ballote nigra, L., to which Miller 
gives the English name of " stinking Black Hore- 
hound." Sibthorp, however, prefers a species of 
Dead Nettle, namely, the Lamium Striatum. 2 

BAI/NEUM. (Vid. Bath.) 

♦BAI/SAMUM (fidlcauov), the Balsam-tree, and 
also the Balsam itself exuded from it. The latter, 
however, is more correctly called Opobalsamum. 
"Writers describe Opobalsamum," says Moses 
Charras, " as a thick, transparent juice or liquor, in 
smell resembling turpentine, but much more pleas- 
ing. It ought to distil, after incision made in the 
dog-days, from the branches of a shrub called Bal- 
samum.'" Sprengel gives an interesting account of 
the Balsamum. He comes to the conclusion that 
the Opobalsamum is the product of two different 
species of shrub, namely, the Amyrus Gileadensis 
and the A. Opobalsamum, which, however, are re- 
ferred to the same species by Belon. The most 
celebrated balsam among the Romans was the one 
to which we are now referring, and which is known 
at the present day by the names of Balsam of Judaea, 
Mecca, Egypt, and Syria. "There are different 
kinds of this that now form objects of commerce; 
but the one which the Romans prized most, namely, 
that obtained from the Amyrus Opobalsamum, rarely 
reaches Europe, being nearly all consumed in the 
East. What is sold in the shops is an inferior kind 
of Balsam, obtained by decoction. The Arabs at 
the present day call the Amyrus Opobalsamum by the 
name of bachdm, which we may recognise as the A. 
Gileadensis in the description given of their balsdn 
or balasdn by Avicenna and Abdoul-Latif." 3 

BAL'TEUS (reTuiuuv), a belt, a shouider-belt, a 
baldric. 

This part of the ancient armour was used to sus- 
pend the sword ; and, as the sword commonly hung 
beside the left hip, its belt was supported by the 
right shoulder, and passed obliquely over the breast, 
as is seen in the beautiful cameo here introduced 
from the Florentine Museum. This figure, execu- 
ted by Quintus, the son of Alexander, is supposed 
to represent Achilles, and may be compared with 
that of the Greek warrior in p. 94, which shows 
tiie sword-belt descending obliquely over the back. 




EH©QgO 



I he figure of the Roman in page 95, on the other 
hand, shows a belt passing over the left shoulder, 
as when it was used to support a dagger or other 
weapon hanging on the right side. 

T i 

1. (In Plin., H. N., xx., 89.)- -2. (Dioscor., iii., 108.— Adams, 
Apoend., i.v.) -3. (D.oscor., i., 18.— Theophrast.. ix., 1 ; ix., 6.) 



In the Homeric times the Greeks also used a belt 
to support the shield, which, as well as the svvord, 
was worn by them on the left side ; and this second 
belt lay over the other, and was larger and hroadei 
than it (rehauuv aoTcidog ; l 77/iareoc reXa/x&vnc •* da 
Trie cvv reXa/iuvi ; 3 Vid. JEgis, p. 26). The two 
belts upon the breast of Ajax, the son of Tela- 
mon, who carried a remarkably heavy ^nield, are 
mentioned in the Iliad.* But, although he was 
saved by this double covering from being wounded 
by Hector's spear, yet the language of Homer 5 
clearly implies that the practice alluded to was- on 
the field of battle productive of great heat and an- 
noyance ; and this circumstance probably led to the 
disuse of the oppressive shield-belt, and to the 
invention of the Carian bxavov by which it was su- 
perseded. (Vid. Clipeus.) The ancient practice 
must also have occasioned some inconvenience in 
putting on the armour. The circumstance to which 
some of the Alexandrine critics objected, that Homer 
makes his heroes assume the shield before the hel- 
met, may be explained from the impossibility of 
throwing the shield-belt over the lofty crest of the 
helmet, supposing the helmet to have been put on 
first ; and yet a warrior, already encumbered with 
his large and ponderous shield, might have had 
some difficulty in putting on his helmet. The very 
early disuse of the shield-belt accounts for the fact, 
that, except in the case of the iEgis, which was 
retained on account of its mythological impor- 
tance, this part of the ancient armour is never ex- 
hibited in paintings or sculptures. Even the r.u- 
thor of the Shield of Hercules 6 supposes it to be 
omitted. 

A third use of the balteus was to suspend the 
quiver, and sometimes, together with it, the bow. 
Hence Nemesianus, describing the dress of Diana, 
when she attires herself for the chase, says, 

li Corrugesque sinus gemmatus balteus artety 

And a similar expression (balteus et revocet volucres 
in pectore sinus) is used by Livius Andronicus ;• 
because the belt, besides fulfilling the purpose for 
which it was intended, of supporting the quiver, 
also confined the garments, and prevented them 
from being blown about by the wind. This belt 
passed over the right shoulder and under the left 
arm, in the same manner with the others. 

According to Theocritus, Amphitryon used a 
sword-belt made of cloth, linen being probably in- 
tended (veoKXuaTD TEAapuvog 9 ). More commonly 
the belt, whether employed to support the sword, 
the shield, or the quiv2r, was made of leather (re A- 
aucJGt cKVTivoLGL 10 ). It was ornamented (Qaeivog, 11 
Insignis balteus auro 12 ). That which Agamemnon 
wore with his shield was plated with silver, and on 
it was also displayed a serpent (dpdxuv 13 ) wrought in 
blue steel. The three heads of the serpent (KetpaXai 
rpelq du(piarpe<(fiec) were turned back, so as to form 
hooks for fastening the two ends of the belt togeth- 
er. When, in the shades below, Ulysses meets 
Hercules armed with his bow and arrows (vid. Ar- 
cus), he wears on his breast a golden belt for sus- 
pending his quiver (doprrjp xpvoeoc relapuv 14 ), on 
which are embossed both the animals of the chase 
and exhibitions of the slaughter of men. In a par- 
sage already quoted, Diana's belt is described as 
enriched with jewels. In like manner, JEneas gives 
as a prize in the games at his father's tomb a quiver 
full of arrows, with the belt belonging to it, which 
was covered with gold, and had a buckle, or rath- 



1. (II., ii., 388; iii., 334.— Schol. ad loc.)— 2. (II., v., 79fi- 
798.)— 3. (II., xvi., 803 )— 4. (xiv., 404-406.)— 5. (11. cc.)— 6. (1. 
122-139.)— 7. (Cyneg., 91.)— 8. (ap. Terent. Maur.)— 9. (Idyll, 
xxiv., 44.)— 10. (Herod., i., 171.)— II. (II., xii., 401.)- 12 ;Val 
Flac., v., 139.)— 13. (II , xi , 39 )-14. (Od., xi , 609.) 

A 33 



BALTEUS. 



banishment. 



er, perhaps, a button {fibula), enriched with a gem. 1 
We may presume that, in the sword-belt described 
by Valerius Flaccus, 2 

" Qua ccerulus ambit 
Balteus, et gemini committunt ora draconcs" 

the fastening was made by the tasteful joining of 
the two dragons' heads. The annexed woodcut 
shows a bronze clasp, with three dragons' heads, 
which is in the collection of ancient armour at 
Goodrich Court, in Herefordshire, and which seems 
to have belonged to a Roman balteus. 




A sword-belt enriched with gold, on which a cel- 
ebrated sculptor had produced a representation of 
the Danaids murdering their husbands on the bridal 
night, gives occasion to the concluding incident of 
the iEneid. 

That taste for richly-decorated sword-belts, the 
prevalence of which, in the Augustan age, may be 
inferred from the mention of them in the iEneid, 
did not decline under the succeeding emperors. It 
is, indeed, mentioned as an instance of the self-de- 
nial and moderation of Hadrian, that he had no 
gold on his belt. 3 But Pliny* records the common 
practice, in his time, of covering this part of the 
soldier's dress with lamina of the precious metals ; 
^nd of the great intrinsic value and elaborate orna- 
ment of those which were worn by persons attach- 
ed to the court, we may form some judgment from 
•:he circumstance that the baltearius, or master of 
the belts, was a distinct officer in the imperial 
household. Spon, who has published an inscription 
from the family tomb of one of these officers, 5 re- 
marks, that their business must have been to pro- 
vide, prepare, and preserve all the belts in the ar- 
mamentarium. This office will appear still more 
considerable from the fact that belts (balteoli) were 
occasionally given as military rewards, together 
with torques and armillce. 6 

In a general sense, "balteus" was applied not 
only to the simple belt, or the more splendid baldric 
which passed over the shoulder, but also to the 
girdle (cingulum) which encompassed the waist 
(Coxa munimen utraque 1 ). Hence the girdle of 
Orion, called &vn by Aratus, is rather incorrectly 
denominated balteus in the translations of that au- 
thor by Germanicus and Avienus. The oblique ar- 
rangement of the balteus, in the proper sense of that 
term, is alluded to by Quinctilian in his advice re- 
specting the mode of wearing the toga : oblique du- 
citur, velut balteus * 

Vitruvius applies the term " baltei" to the bands 
surrounding the volute on each side of an Ionic 
capital. 9 Other writers apply it to the large steps, 
presenting the appearance of parallel walls, by which 
an amphitheatre was divided into stories for the 
accommodation of different classes of spectators. 10 

1. (JEn., v., 311-313.)— 2. (iii., 190.)— 3. (Spartian., Hadr.. 10.) 
—4. (H. N., xxxiii., 54.)— 5. (Miscellan. Erud. Ant., p. 253.)— 
U. (Jul. Capitol., Maximin., 2.)— 7. (Sil. Ital., x., 181.— Lucan, 
li., 361. — Lydus, De Mag. Rom., ii., 13. — Corippus, i., 115.) — 8. 
(Inst;;ut. Or., xi., 3..) — 9. (De Arch., iii., 5, ed. Schneider. — 
Genelli, Briefe iiber Vitruv., ii., p. 35.) — 10. (Calpurn., Eclog., 
vii., 47.— Tertullian, De S ectac, 3.) 
134 



Vitruvius calls these divisions prcecinctiones. 1 ( Via 
Amphitheatrum.) In the amphitheatre at Verona, 
the baltei are found by measurement to be 2* feet 
high, the steps which they enclose being one foot 
two inches high. 

*BAMBAK'ION (pa/iSdiuov), a term which occurs 
only in the works of Myrepsus, the last of the Greek 
physicians. It appears to be the seed of the Gos- 
sypium, or Cotton-plant. 

BANISHMENT (GREEK), $vyn. Banishment 
among the Greek states seldom, if ever, appears as 
a punishment appointed by law for particular offen- 
ces. We might, indeed, expect this ; for the divis- 
ion of Greece into a number of independent states 
would neither admit of the establishment of penal 
colonies, as among us, nor of the various kinds of 
exile which we read of under the Roman emperors. 
The general term <j>vy?j (flight) was, for the most 
part, applied in the case of those who, in order to 
avoid some punishment or danger, removed from 
their own country to another. Proof of this is found 
in the records of the heroic ages, and chiefly where 
homicide had been committed, whether with or 
without malice aforethought. Thus 2 Patroclus ap- 
pears as a fugitive for life, in consequence of man- 
slaughter (avdponTaai^) committed by him when a 
boy, and in anger. In the same manner, 3 Theo- 
clymenus is represented as a fugitive and wanderer 
over the earth, and even in foreign lands haunted 
by the fear of vengeance from the numerous kins- 
men of the man whom he had slain. The duty of 
taking vengeance was in cases of this kind consid- 
ered sacred, though the penalty of exile was some- 
times remitted, and the homicide allowed to remain 
in his country on payment of a iroivrj, the price of 
blood, or wehrgeld of the Germans,* which was 
made to the relatives or nearest connexions of the 
slain. 5 We even read of princes in the heroic ages 
being compelled to leave their country after the 
commission of homicide on any of their subjects ;• 
and even though there were no relatives to succour 
the slain man, still deference to public opinion im- 
posed on the homicide a temporary absence, 7 until 
he had obtained expiation at the hands of another, 
who seems to have been called the ayvir-nq, or puri- 
fier. For an illustration of this, the reader is re- 
ferred to the story of Adrastus and Croesus. 8 

In the later times of Athenian history, tyvyrj, or 
banishment, partook of the same nature, and was 
practised nearly in the same cases as in the heroic 
ages, with this difference, that the laws more strict- 
ly defined its limits, its legal consequences, and du- 
ration. Thus an action for wilful murder was 
brought before the Areiopagus, and for manslaugh- 
ter before the court of the Ephetae. The accused 
might, in either case, withdraw himself (<j>vyelv) be- 
fore sentence was passed ; but when a criminal 
evaded the punishment to which an act of murder 
would have exposed him had he remained in his 
own land, he was then banished forever (<pevyet 
dei(j>vyiav), and not allowed to return home even 
when other exiles were restored upon a general 
amnesty, since, on such occasions, a special excep- 
tion was made against criminals banished by the 
Areiopagus (ol k!- 'Apeiov Ttuyov <j>evyovreg). A con- 
victed murderer, if found within the limits of the 
state, might be seized and put to death, 9 and who- 
ever harboured or entertained (vTzede^aro) any one 
who had fled from his country (ruv tpevyovruv riva) 
to avoid a capital punishment, was liable to the 
same penalties as the fugitive himself. 10 



1. (De Arch., v., 3, 8.)— 2. (II., xxiii., 88.)— 3. iHom., Od , 

-., 275.)— 4. (Tacit., Germ., 21.)— 5. (II., ix., 630.)— 6. (Pau- 

a., v., 376-381, ed. Schubart.)— 7. (Od, xxiii., 119.— Schcl 

loc.)— 8. (Herod., 1, 35.)— 9. (Demosth., c. Arist., 629.)- in 

(Demosth., c. Polycl , 1222, 2.) 



XT 

san 
in 



BANISHMENT 



BANISHMENT 



Demosthenes 1 says that the word (pevyecv was 
properly applied to the exile of those who commit- 
ted murder with malice aforethought, whereas the 
term /xedlaraadac was used where the act was not 
intentional. The property, also, was confiscated 
in the former case, but not in the latter. 

When a verdict of manslaughter was returned, it 
was usual for the convicted party to leave (^Xde) 
his country by a certain road, and to remain in 
exile till he induced some one of the relatives of 
the slain man to take compassion on him (ewf uv 
ai6i<jr\rai rtva tuv ev yevei rov neirovdoroc). During 
his absence, his possessions were bririfta, that is, 
not confiscated ; but if he remained at home, or 
returned before the requirements of the law were 
satisfied, he was liable to be driven or carried out 
of the country by force. 8 It sometimes happened 
that a fugitive for manslaughter was charged with 
murder ; in that case he pleaded on board ship, be- 
fore a court which sat at Phreatto, in the Pei- 
raeus.' 

We are not informed what were the consequen- 
ces if the relatives of the slain man refused to make 
a reconciliation ; supposing that there was no com- 
pulsion, it is reasonable to conclude that the exile 
was allowed to return after a fixed time. In cases 
of manslaughter, but not of murder, this seems to 
have been usual in other parts of Greece as well as 
at Athens.* Plato, 5 who is believed to have copied 
many of his laws from the constitution of Athens, 
fixes the period of banishment for manslaughter at 
one year, and the word dTreviavTiafioc, explained to 
mean a year's exile for the commission of homicide 
(roig (povov dpaoacL), seems to imply that the custom 
was pretty general. We have, indeed, the authori- 
ty of Xenophon 6 to prove that at Sparta banishment 
was the consequence of involuntary homicide, though 
h:e does not tell us its duration. 

Moreover, not only was an actual murder pun- 
ished with banishment and confiscation, but also a 
rpavfia ek --povoiac, or wounding with intent to kill, 
though death might not ensue. 7 The same punish- 
ment was inflicted on persons who rooted up the 
sacred olives at Athens, 8 and by the laws of Solon 
every one was liable to it who remained neuter du 
ling political contentions. 9 

Under ovyfj, or banishment, as a general term, is 
comprehended ostracism : the difference between 
the two is correctly stated by Suidas, and the scho- 
liast on Aristophanes, 10 if we are to understand by 
the former uettyvyia, or banishment for life. " $vyi) 
(say they) differs from ostracism, inasmuch as those 
who are banished lose their property by confisca- 
tion, whereas the ostracized do not ; the former, 
also, have no fixed place of abode, no time of return 
assigned, but the latter have." This ostracism is 
supposed by some 11 to have been instituted by Cleis- 
thenes after the expulsion of the Peisistratidae ; its 
nature and object are thus explained by Aristotle : 12 
" Democratical states (he observes) used to ostra- 
cize, and remove from the city for a definite time, 
those who appeared to be pre-eminent above their 
fellow-citizens, by reason of their wealth, the num- 
ber of their friends, or any other means of influ- 
ence." It is well known, and implied in the quota- 
tion just given, that ostracism was not a punish- 
ment for any crime, but rather a precautionary re- 
moval of those who possessed sufficient power in 
the state to excite either envy or fear. Thus Plu- 

1. (c. Aris., 634.)—2. (Demosth., c. Aris., 634 and 644.)— 3. 
(Demosth., c. Aris., 646.) — 4. (Meursius, ad Lycophr., 282.— 
Eurip., Hipp., 37.— Schol. in loc.)— 5. (Leg., ix., 865.)— 6. (An- 
»b.,iv., 8, (f 15.)— 7. (Lysias, c. Simon., p. 100.— Demosth., c. 
Baot., 1018, 10.)— 8. (Lysias, 'Ynip 2t,kov 'ATroXoy/a, 1083.)— 
9. (Meier. Hist. Juris Att., p. 97. — Aul. Gel]., ii., 12.)— 10. 
(Equit., 861.)— 11. (JElian, V. H., xiii., 23.— Diod. Sic, xi., 55.) 

12. fPolit., iii., 8.) 



tarch 1 says it was a good-natured way of allaying 
envy (<pdovov irapa/uvdia 0tXuv0p<j7rof) by the humili- 
ation of superior dignity and power. The manner 
of effecting it was as follows : A space in the dyopd 
was enclosed by barriers, with ten entrances for 
the ten tribes. By these the tribesmen entered, 
each with his oorpanov, or piece of tile, on which 
was written the name of the individual whom he 
wished to be ostracized. The nine archons and the 
senate, i. e., the presidents of that body, superin- 
tended the proceedings, and the party who had the 
greatest number of votes against him, supposing 
that this number amounted to 6000, was obliged to 
withdraw (fieraaT^vai) from the city within ten 
days ; if the number of votes did not amount to 
6000, nothing was done. 2 Plutarch 3 differs from 
other authorities in stating that, for an expulsion 
o« rhis sort, it was not necessary that the votes 
given against any individual should amount to 6000, 
but only that the sum total should not be less than 
that number. All, however, agree, that the party 
thus expelled (6 eKKrjpvxOelg) was not deprived of his 
property. The ostracism was also called the Kepa- 
/UK?} fidaTL^, or earthenware scourge, from the ma- 
terial of the oorpanov on which the names were 
written. 

Some of the most distinguished men at Athens 
were removed by ostracism, but recalled when the 
city found their services indispensable. Among 
these were Themistocles, Aristeides, Cimon, and 
Alcibiades ; of the first of whom Thucydides* states 
that his residence during ostracism was at Argos, 
though he was not confined to that city, but visit- 
ed other parts of Peloponnesus. The last person 
against whom it was used at Athens was Hyperbo- 
lus, a demagogue of low birth and character ; but 
the Athenians thought their own dignity compro- 
mised, and ostracism degraded by such an applica- 
tion of it, and accordingly discontinued the prac- 
tice.* 

Ostracism prevailed in other democratical states 
as well as Athens ; namely, Argos, Miletus, and Me- 
gara : it was by some, indeed, considered to be a 
necessary, or, at any rate, a useful precaution for 
ensuring equality among the citizens of a state. But 
it soon became mischievous ; for, as Aristotle 6 re- 
marks, "Men did not look to the interests of the 
community, but used ostracisms for party purposes" 
(oTaoLaoTiictig). 

From the ostracism of Athens was copied the 
petalism (neTaXicfiog) of the Syracusans, so called 
from the Kerala, or leaves of the olive, on which 
was written the name of the person whom they 
wished to remove from the city. The removal, 
however, was only for five years ; a sufficient time, 
as they thought, to humble the pride and hopes of 
the exile. But petalism did not last long ; for the 
fear of this " humbling" deterred the best qualified 
among the citizens from taking any part in public 
affairs, and the degeneracy and bad government 
which followed soon led to a repeal of the law, B.O 
452. 7 

In connexion with petalism, it may be remarked, 
that if any one were falsely registered in a dermis 
or ward at Athens, his expulsion was called tK<jw%- 
Xo<j>opta, from the votes being given by leaves. 8 

The reader of Greek history will remember that, 
besides those exiled by law, or ostracized, there 
was frequently a great number of political exiles in 
Greece ; men who, having distinguished themselves 
as the leaders of on£ party, were expelled, or obli- 



1. (Peric.,c. 10.)— 2. (Schol. in Arist., Equit., 865.)— 3. (Arist., 
c. 7.)— 4. (i., 135.)— 5. (Plut., Arist., c. 7.— Thucyd., viii.,73.) 
—6. (Polit., iii., 8.)— 7. (Diod. Sic, xi., c 87.— Niebuhr, Hist 
Rom., i., 504, transl.) — 8. (Meier, Hist. Juris Att., 83. — Lyaiai, 
c Nicom., 844.) 

135 



BANISHMENT. 



BANISHMENT. 



ged to remove from their native city when the op- 
posite faction became predominant. They are spo- 
ken of as ol (pevyovreg or ol eKireaovreg, and as ui 
Kare?M6vTEc after their return (rj Kadodoc), the word 
Kardyetv being applied to those who were instru 
mental in effecting it. 1 

BANISHMENT (ROMAN). In the later impe- 
lial period, exsilium was a general term used to ex- 
press a punishment, of which there were several 
species. Paulus, 3 when speaking of those judicia 
publica,' which are capitalia, defines them by the 
ronsequent punishment, which is death, or exsili 
um ; and exsilium he defines to be aqua et ignis 
interdictio, by which the caput or citizenship of the 
criminal was taken away. Other kinds of exsilium, 
he says, were properly called relegatio, and the iuu: 
gatus retained his citizenship. The distinction ue- 
tween relegatio and exsilium existed under the 
Republic. 3 Ovid also* describes himself, not as ex- 
sul, which he considers a term of reproach, but as 
relegatus. Speaking of the emperor, he says, 

" Nee vitam, nee opes, nee jus mihi civis ademit ,*" 

and a little farther on, 

" Nil nisi me patriis jussit abire /oczs." 5 

Marcianus 6 makes three divisions of exsilium : it 
was either an interdiction from certain places na- 
med, and was then called lata fuga (a term equiva- 
lent to the libera fuga or liberum exsilium of some 
writers) ; or it was an interdiction of all places ex- 
cept some place named ; or it was the constraint of 
an island (as opposed to lata fuga). Noodt 7 cor- 
rects the extract from Marcian thus : " Exsilium 
duplex est : aut certorum locorum interdictio, ut 
lata fuga ; aut omnium locorum prater certum lo- 
cum, ut insulae vinculum," &c. The passage is 
evidently corrupt in some editions of the Digest, 
and the correction of Noodt is supported by good 
reasons. It seems that Marcian is here speaking 
of the two kinds of relegatip,* and he does not in- 
clude the exsilium, which was accompanied with 
the loss of the civitas ; for, if his definition includes 
ail the kinds of exsilium, it is manifestly incomplete ; 
and if it includes only relegatio, as it must do from 
the terms of it, the definition is wrong, inasmuch as 
there are only two kinds of relegatio. The conclu- 
sion is, that the text of Marcian is either corrupt, 
01 has been altered by the compiler of the Digest. 

Of relegatio there were two kinds : a person might 
be forbidden to live in a particular province, or in 
Rome, and either for an indefinite or a definite time ; 
or an island might be assigned to the relegatus for 
his residence. Relegatio was not followed by loss 
of citizenship or property, except so far as the sen- 
tence of relegatio might extend to part of the per- 
son's property. The relegatus retained his citizen- 
ship, the ownership of his property, and the patria 
potestas, whether the relegatio was for a definite or 
an indefinite time. The relegatio, in fact, merely 
confined the person within, or excluded him from, 
particular places, which is according to the defini- 
tion of ^lius Gallus, 9 who says that the punish- 
ment was imposed by a lex, senatus consultum, or 
the edictum of a magistratus. The words of Ovid 
express the legal effect of relegatio in a manner lit- 
erally and technically correct. 10 The term relegatio 

X (Meursius, Att. Lect., v., 18.' — Wachsmuth, Hell. Alterth., 
l., v 65 ; i'-? Q 95 and 98.— Meier and SchSmann, Att. Process, p. 
741. — Sehomann, De Comit. Athen., p. 264, transl. — Timceus, 
Lex. Platon.— Bockh, ii., 129, transl.)— 2. (Dig. 48, tit. 1. p. 2.) 
—3. (Liv., iii., 10 ; iv., 4.— Cic, pro P. Sext., 12.)— 4. (Trist., 
v , 11.)— 5. (Compare Trist., ii., 127.)— 6. (Dig. 48, tit. 22, s. 5.) 
- -7. (Op. Omn., i., 58.)— 8. (Compare Ulpian, Dig. 48, tit. 22, s. 
7.)— 9. (Festus, s. v. Relegati.) — iO. (Instances of relegatio oc- 
cur in ,he following passages: Suet , Octav., 16. — Tib., 50. — 
Tacit., Ann., iii,, 17, 68. — Suet., Claud., c. 23, which last, as the 
historian remarks, was a new kind of relegatio.) 

»3fi 



is applied by Cicero 1 to the case of Titus Manlius, 
who had been compelled by his father to live in sol- 
itude in the country. 

Deportatio in insulam, or deportatio simply, was 
introduced under the emperors in place of the aqua 
et ignis interdictio.* The governor of a province 
(prases) had not the power of pronouncing the sen- 
tence of deportatio ; but this power was given to the 
praefectus urbi by a rescript of the Emperor Severus. 
The consequence of deportatio was loss of property 
and citizenship, but not of freedom. Though the 
deportatus ceased to be a Roman citizen, he had 
the capacity to buy and sell, and do other acts 
which might be done according to the jus gentium, 
ueporiatio differed from relegatio, as already shown, 
and also in being always for an indefinite time. The 
relegatus went into banishment ; the deportatus was 
conducted to his place of banishment, sometimes in 
chains. 

As the exsilium in the special sense, and the dr 
portatio took away a person's civitas, it follows 
that, if he was a father, his children ceased to be in 
his power ; and if he was a son, he ceased to be in 
his father's power ; for the relationship expressed 
by the terms patria potestas could not exist when 
either party had ceased to be a Roman citizen.' 
Relegatio of a father or of a son, of course, had not 
this effect. .But the interdict and the deportatio 
did not dissolve marriage.* 

"When a person, either parent or child, was con- 
demned to the mines or to fight with wild beasts, 
the relation of the patria potestas was dissolved. 
This, though not reckoned a species of exsilium, 
resembled deportatio in its consequences. 

It remains to examine the meaning of the term 
exsilium in the republican period, and to ascend, so 
far as we can, to its origin. Cicero 5 affirms that 
no Roman was ever deprived of his civitas or hia* 
freedom by a lex. In the oration Pro Domo 6 he 
makes the same assertion, but in a qualified way; 
he says that no special lex, that is, no privilegium, 
could be passed against the caput of a Roman citi- 
zen unless he was first condemned in a judicium. It 
was, according to Cicero, a fundamental principle of 
Roman law, 7 that no Roman citizen could lose his 
freedom or his citizenship without his consent. He 
adds, that Roman citizens who went out as Latin 
colonists could not become Latin unless they went 
voluntarily and registered their names : those who 
were condemned of capital crimes did not lose theii 
citizenship till they were admitted as citizens of an- 
other state ; and this was effected, not by depriving 
them of their civitas (ademptio civitati*), but by the 
interdictio tecti, aquae et ignis. The same thing is 
stated in the oration Pro Carina* with the addition, 
that a Roman citizen, when he was received into 
another state, lost his citizenship at Rome, because 
by the Roman law a man could not be a citizen ol 
two states. This reason, however, would be equal- 
ly good for showing that a Roman citizen could no> 
become a citizen of another community. In the 
oration Pro Balbo, 9 the proposition is put rather ii> 
this form : that a Roman who became a citizen oi 
another state thereby ceased to be a Roman citizen 
It must not be forgotten, that in the oration Pro C&. 
cina, it is one of Cicero's objects to prove that his 
client had the rights of a Roman citizen ; and in 
the oration Pro Domo, to prove that he himself had 
not been an exsul, though he was interdicted from 
fire and water within 400 miles of Rome. 10 Now, 



1. (Off., iii., 31.)- 2. (Ulpian, Dig. 48, tit. 13, s. 3 ; tit. 19, s. 
2.)— 3. (Gaius, i., 128.)— 4. (Cod. 5, tit 16, s.24; tit. 17, s. 1. — 
Compare Gaius, i., 128, with the Institutes, i., tit. 12, in which 
the deportatio stands in the place of the aquae et ignis interdictio 
of Gaius.) — 5. (Pro Casein., c 34.) — 6. (c. 16, 17.)— 7. (Pre 
Domo, c. 29.) — 8. (c. 34.) — 9. (c. 11.) — 10 (Cic, ad Attic. 
iii., 4.) 



BANISHMENT 



BAPHIUM. 



as Cicero had been interdicted from fire and water, 
and as he evad3d the penalty, to use his own 
words.' by going beyond the limits, he could only 
escape the consequences, namely, exsilium, either 
by relying on the fact of his not being received as a 
citizen into another state, or by alleging the illegali- 
ty of the proceedings against him. But the latter 
is the ground on which he seems to maintain his 
case in the Pro Domo : he alleges that he was made 
the subject of a privilegium, without having been 
first condemned in a judicium.* 

In the earlier republican period, a Roman citizen 
might have a right to go into exsilium to another 
state, or a citizen of another state might have a 
right to go into exsilium at Rome, by virtue of cer- 
tain isopolitical relations existing between such 
state and Rome. (Vid. Municipium.) This right 
was called jus exulandi with reference to the state 
to which the person came ; with respect to his own 
state, which he left, he was exsul, and his condition 
was exsilium : with respect to the state which he 
entered, he was inquilinus ; and at Rome he might 
attach himself (applicare se) to a quasi-patronus, a 
relationship which gave rise to questions involving 
the jus applicationis. The word inquilinus appears, 
by its termination inus, to denote a person who was 
one of a class, like the word libertinus. The prefix 
in appears to be the correlative of ex in exsul, and 
the remaining part quil is probably related to col, in 
incola and col onus. 

The sentence of aquae et ignis, to which Cicero 
adds 3 tecti interdictio, was equivalent to the depri- 
vation of the chief necessaries of life, and its effect 
was to incapacitate a person from exercising the 
rights of a citizen within the limits which the sen- 
tence comprised. Supposing it to be true, that no 
Roman citizen could, in direct terms, be deprived 
of his civitas, it requires but little knowledge of the 
history of Roman jurisprudence to perceive that a 
way would readily be discovered of doing that in- 
directly which could not be done directly ; and 
such, in fact, was the aquae et ignis interdictio. 
The meaning of the sentence of aquae et ignis in- 
terdictio is clear when we consider the symbolical 
meaning of the aqua et ignis. The bride, on the 
day of her marriage, was received by her husband 
with fire and water,* which were symbolical of his 
taking her under his protection and sustentation. 
Varro* gives a different explanation of the symboli- 
cal meaning of aqua et ignis in the marriage cere- 
mony : Aqua et ignis (according to the expression 
of Festus) sunt duo elcmenta qua. humanam vitam 
maximc continent. The sentence of interdict was 
either pronounced in a judicium, or it was the sub- 
ject of a lex. The punishment was inflicted for 
various crimes, as vis publico, peculatus, vencjicium, 
&c. The Lex Julia de vi publico, et privata applied, 
among other cases, to any person qui receperit, ccla- 
verit, tcnuerit, the interdicted person ;■ and there 
was a clause to this effect in the lex of Clodius, by 
which Cicero was banished. 

The sentence of the interdict, which in the time 
of the Antonines was accompanied with the loss of 
citizenship, could hardly have had any other effect 
in the time of Cicero. It may be true that exsilium, 
that is, the change of solum or ground, was not in 
direct terms included in the sentence of aqua, et 
ignis interdictio : the person might stay if he liked, 
and submit to the penalty of being an outcast, and 
being incapacitated from doing any legal act. In- 
deed, it is not easy to conceive that banishment can 
exist in any state, except such state has distant 
possessions of its own to which the offender can be 



1. (Pro Caecina, c. 34.)— 2. (c. 17.)— 3. (Pro Domo, c. 30.)— 
4. (Dig. 24, l«t. 1, s. 66.)— 5. (De (.mar. Lat., iv.)— 6. (Paulus, 
Sent. Reccpt., od Schulting.) 



sent. Thus banishment, as a penalty, did not exist 
in the old English law. When isopolitical relations 
existed between Rome and another state, exsilium 
might be the privilege of an offender. Cicero 
might then truly say that exsilium was not a pun- 
ishment, but a mode of evading punishment ; l and 
this is quite consistent with the interdict being a 
punishment, and having for its object the exsilium. 

According to Niebuhr, the interdict was intended 
to prevent a person who had become an exsul from 
returning to Rome and resuming his citizenship ; 
and the interdict was taken off when an exsul was 
recalled: an opinion in direct contradiction to all 
the testimony of antiquity. Farther, Niebuhr as 
serts that they who settled in an unprivileged place 
(one that was not in an isopolitical connexion with 
Rome) needed a decree of the people, declaring 
that their settlement should operate as a legal ex- 
silium. And this assertion is supported by a single 
passage in Livy, 3 from which it appears that it was 
declared by a plebiscitum, that C. Fabius, by going 
into exile (exulatum) to Tarquinii, which was a mu- 
nicipium, 3 was legally in exile. 

Niebuhr asserts that Cicero had not lost his fran- 
chise by the interdict, but Cicero says that the 
consequence of such an interdict was the loss of 
caput. And the ground on which he mainly at- 
tempted to support his case was, that the lex by 
which he was interdicted was in fact no lex, but a 
proceeding altogether irregular. Farther, the inter- 
dict did pass against Cicero, but was not taken off 
when he was recalled. It is impossible to caution 
the reader too much against adopting implicitly any 
thing that is stated in the orations Pro Ccscina, Pro 
Balbo, and Pro Domo ; and, indeed, anywhere else, 
when Cicero has a case to support. 

BAPHI'UM ((3a<puov, (papftaicuv), an establish- 
ment for dyeing cloth, a dyehouse. 

An apparatus for weaving cloth, and adapting it 
to all the purposes of life, being part of every Greek 
and Roman household, it was a matter of necessity 
that the Roman government should have its ow r n 
institutions for similar uses ; and the immense 
quantity of cloth required, both for the army and for 
all the officers of the court, made it indispensable 
that these institutions should be conducted on a 
large scale. They were erected in various parts of 
the empire, according to the previous habits of the 
people employed and the facilities for carrying on 
their operations. Tarentum, having been celebra 
ted during many centuries for the fineness and 
beauty of its woollen manufactures, was selected 
as one of the most suitable places for an imperial 
baphium.* Traces of this establishment are still 
apparent in a vast accumulation near Taranto, 
called "Monte Testaceo," and consisting of the 
shells of the Murex, the animal which afforded the 
purple dye. 

A passage in iElius Lampridius* shows that these 
great dyehouses must have existed as early as the 
second century. It is stated that a certain kind ol 
purple, commonly called " Probiana," because Pro- 
bus, the superintendent of the dyehouses (baphiis 
propositus), had invented it, was afterward called 
" Alexandrina," on account of the preference given 
to it by the Emperor Alexander Severus. Besides 
the officer mentioned in this passage, who probably 
had the general oversight of all the imperial baphia. 
it appears that. there were persons called procura- 
tors, who were intrusted with the direction of 
them in the several cities where they were es 
tablished. Thus the Notitia Digmtatum utriusqiu 
Imperii, compiled about A.D. 426, mentions the 

1. (Pro Caecina.)— 2. (xxvi., 3.)— 3. (Pro Carina, c. 4.)— A 
(Compare Horat., Ep., II., ii., 207, with Servius in Virg., Georfj 
iv.. 335.)— 5. (Alex. Sev., c. 40.) 

137 



BARBA. 



BARBA. 



* procurator" of the dyehouses of Narbonne and 
Toulon. 

We learn f/om tne Codex Theodosianus that the 
dyehouses of Phoenice long retained their original 
superiority, and that dyers were sent to them from 
other places to be instructed in their art. 

*BAPTES {j3uttt7]q), a mineral mentioned by 
Pliny. 1 It is thought, from its description and its 
name, to have been amber, dyed or stained of some 
ether than its natural colour. 2 

BAPTISTE'RIUM. (Vid. Bath.) 

BAR'ATHRUM. (Vid. Orygma.) 

BARBA (Truyuv, yiveiov, vir^vr/% the beard. The 
fashions which have prevailed at different times 
and in different countries with respect to the beard 
have been very various. The most refined modern 
nations regard the beard as an encumbrance, with- 
out beauty or meaning ; but the ancients generally 
cultivated its growth and form with special atten- 
tion ; and that the Greeks were not behindhand in 
this, any more than in other arts, is sufficiently 
shown by the statues of their philosophers. The 
phrase nayovorpocpeiv, which is applied to letting 
the beard grow, implies a positive culture. Gener- 
ally speaking, a thick beard, nuyuv j3advc or daavc , 
was considered as a mark of manliness. The 
Greek philosophers were distinguished by their 
long beards as a sort of badge, and hence the term 
which Persius* applies to Socrates, magister barba- 
tus. The Homeric heroes were bearded men ; as 
Agamemnon, Ajax, Menelaus, Ulysses. 5 Accord- 
ing to Chrysippus, cited by Athenaeus, 6 the Greeks 
Wore the beard till the time of Alexander the Great, 
and he adds that the first man who was shaven 
was called ever after Kopanv, " shaven" (from 
Keipu). Plutarch 7 says that the reason for the 
shaving was that they might not be pulled by the 
beard in battle. The custom of shaving the beard 
continued among th? Greeks till the time of Justin- 
ian, and during that period even the statues of the 
philosophers were without the beard. The philoso- 
phers, however, generally continued the old badge 
of their profession, and their ostentation in so doing 
gave rise to the saying that a long beard does not 
Ynke a philosopher (iruyuvorpo^ia tyilocofyov ov 
rroiel), and a man whose wisdom stopped with his 
beard was called etc nuycovog oofybc. So Aulus Gel- 
lius 8 says, " Video barbam et pallium, philosophum 
nondum video." Horace 9 speaks of "feeding the 
philosophic beard." 10 The Romans, in early times, 
wore the beard uncut, as we learn from the insult 
offered by the Gaul to Marcus Papirius, 11 and from 
Cicero ; 12 and, according to Varro 13 and Pliny, 1 * the 
Roman beards were not shaved till B.C. 300, when 
P. Ticinius Maena brought over a barber from Sicily ; 
and Pliny adds, that the first Roman who was 
shaved (rasus) every day was Scipio Africanus. 
His custom, however, was soon followed, and sha- 
ving became a regular thing. The lower orders,, then 
as now, were not always able to do the same, and 
hence the jeers of Martial. 15 In the later times of 
the Republic, there were many who shaved the 
beard only partially, and trimmed it so as to give it 
an ornamental form ; to them the terms bene bar- 
bati ls and barbatuliP are applied. When in mourn- 
ing, all the higher as well as the lower orders let 
their beards grow. 

In the general way in Rome at this time, a long 
beard (barba promissa ls ) was considered a mark of 

1. (H. N., xxxvii., 55.)— 2. (Moore's Anc. Mineral., p. 182.)— 
8. (Aristaph., Lysist., 1072.)— 4. (Sat., iv., 1.)— 5. (II., xxii., 74 ; 
jtxiv., 516. — Od., xvi., 176.) — 6. (xiii., 565, ed. Casaub.) — 7. 
(Thes., c. 5.)— 8. (ix., 2.)— 9. (Sat., II., ii., 35.)— 10. (Compare 
ftuintil., xi., 1.)— 11. (Liv., v., 41.)— 12. (Pro Ccel., 14.)— 13. 
(De Re Ru3t., ii., c. 11.)— 14. (vii., 59.)— 15. (vn.,95; xn.,59.) 
—16. (Cic, Catil., ii., 10.)— 17. (Cic, Ep. ad Att., i., 14, 16.— 
Pro Ccel., 14.)— 18. (Liv., yjevii., 34.) 
138 



slovenliness and squalor. The censors Lucius Ve- 
turius and P. Licinius compelled Marcus Livius, 
who had been banished, on his restoration to the 
city, to be shaved, and to lay aside his dirty appear- 
ance {tonderi et squalorem deponere), and then, but 
not till then, to come into the senate, &c l The 
first time of shaving was regarded as the beginning 
of manhood, and the day on which this took place 
was celebrated as a festival. 2 There was no par- 
ticular time fixed for this to be done. Usually, 
however, it was done when the young Roman as- 
sumed the toga virilis. 3 Augustus did it in his 24th 
year, Caligula in his 20th. The hair cut off on 
such occasions was consecrated to some god. 
Thus Nero put his up in a gold box, set with pearls, 
and dedicated it to Jupiter Capitolinus.* So Statius 5 
mentions a person who sent his hair as an offering 
to iEsculapius Pergamenus, and requested Statius 
to write some dedicatory verses on the occasion. 
He sent the hair with a box set with precious 
stones {cum gemmata pyxide) and a mirror. 

With the Emperor Hadrian the beard began to 
revive. 6 Plutarch says that the emperor wore it to 
hide some scars on his face. The practice after- 
ward became common, and till the time of Con- 
stantine the Great the emperors appear in busts 
and coins with beards. The Romans let their 
beards grow in time of mourning ; so Augustus 
did 7 for the death of Julius Csesar, and the time 
when he had it shaved off he made a season of 
festivity. 8 The Greeks, on the other hand, on 
such occasions, shaved the beard close. 9 Strabo 10 
says that the beards of the inhabitants of the Cas- 
siterides were like those of goats. Tacitus 11 says 
that the Catti let their hair and beard grow, and 
would not have them cut till they had slain an 
enemy. 

Barbers. The Greek name for a barber was 
Kovpevc, and the Latin tonsor. The term employed 
in modern European languages is derived from the 
low Latin barbatorius, which is found in Petronius 
The barber of the ancients was a far more impor 
tant personage than his modern representative 
Men had not often the necessary implements for the 
various operations of the toilet : combs, mirrors, 
perfumes, and tools for clipping, cutting, shaving, 
&c. Accordingly, the whole process had to be 
performed at the barber's, and hence the great con- 
course of people who daily gossiped at the ton- 
strina, or barber's shop. Besides the duties of 'a 
barber and hairdresser, strictly so called, the an- 
cient tonsor discharged other offices. He was also 
a nail-parer. He was, in fact, much what the 
English barber was when he extracted teeth, as 
well as cut and dressed hair. People who kept the 
necessary instruments for all the different opera- 
tions, generally had also slaves expressly for the 
purpose of performing them. The business of the 
barber was threefold. First, there was the cutting 
of hair : hence the barber's question, ttuc ae nelpo. 1 * 
For this purpose, he used various knives of different 
sizes and shapes, and degrees of sharpness : hence 
Lucian, 13 in enumerating the apparatus of a barber's 
shop, mentions irkf/doc [taxatpidiuv (/i&xatpa, \iaxa-i~ 
pic, Kovpic are used also, in Latin culter) ; but 
scissors, -ipahic, SlttXtj fiaxaipa 1 * (in Latin forfex, ax- 
icia), were used too. 15 Mo^ajpa was the usual 
word. (Bottiger, however, says that two knives 
were*merely used, forming a kind of scissors. The 

1. (Liv., xxvii., 34.)— 2. (Juv., Sat., iii., 186.)— 3. (Suet., 
Calig\, 10.)— 4. (Suet., Ner., 12.)— 5. (Prief. ad Silv., iii.)— 6 
(Dion, lxviii., p. 1132, c. 15.)— 7. (Suet., Octav., c. 23.)— 8 
(Dion, xlviii., 34.— Compare Cic. in Verr., ii., 12.) — 9. (Vid. 
Plutarch, Pelopid. and Alex.— Suet., Cal., 5.)— 10. (i., p. 239.) 
—11. (Germ., c. 3.)— 12. (Plut., De Garrul., 13.)— 13. (Adv. 
Indoct., c. 29.)— 14. (Pollux., Onom., ii., 32.)— 15. (Compar* 
Aristoph., Acharn., 848.— Lucian, Pis., c. 46.) 




BASALTES. 



BASANOS 



most elegant nude of cutting the hair was with 
the single ki.ife, fiia fiaxaipa. 1 ) Irregularity and 
unevenness of the hair was considered a great 
blemish, as appears generally, and from Horace ; 2 
and, accordingly, after the hair-cutting, the uneven 
hairs were pulled out by tweezers, an operation to 
which Pollux 3 applies the term napaheyeadai. So 
the hangers-on on great men, who wished to look 
young, were accustomed to pull out the gray hairs 
for them.* Tlr:3 was considered, however, a mark 
of effeminacy. 4 The person who was to be opera- 
ted on by the barber had a rough cloth (ufiolivov, 
involucre in Plautus 6 ) laid on his shoulders, as now, 
to keep the hairs off his dress, &c. The second 
part of the business was shaving (radere, rasitare, 
t-vpetv). This was done with a tjvpov, a novacula, 7 
a razor (as we, retaining the Latin root, call it), 
which he kept in a case, tiijicn, ^vpodrJKrj, gvpodoKnc, 
" a razor-case." 8 Some, who would not submit to 
the operation of the razor, used instead some pow- 
erful depilatory ointments or plasters, as psilothron; 9 
acida Creta ; 10 Venetum lutum ; 11 dropax. 1 * Stray 
hairs which escaped the razor were pulled out with 
small pincers or tweezers (volsella, rpixokabiov). 
The third part of the barber's work was to pare 
the nails of the hands, an operation which the 
Greeks expressed by the words dvvx'i&iv and dizo- 
wxi&uv, 1 ' The instruments used for this purpose 
were called bvvxiGTf/pta, sc. fxaxalpia. 1 * This prac- 
tice of employing a man expressly to pare the nails 
explains Plautus's humorous description of the 
miserly Euclio : 

" Quin ipsi quidem tonsor ungues dempserat, 
Collcgit, omnia abstulit prcesegmina." 15 

Even to the miser it did not occur to pare his nails 
himself, and save the money he would have to pay; 
but only to collect the parings, in hope of making 
something by them. So Martial, in rallying a fop, 
who had tried to dispense with the barber's servi- 
ces by using different kinds of plasters, &c, asks 
him, 16 Quid facient ungues 1 What will your nails 
do 1 How will you get your nails pared 1 So Ti- 
bullus says, 17 quid (prodest) ungues artificis docta 
subsecnisse manu ; from which it appears that the 
person addressed was in the habit of employing one 
of the more fashionable tonsors. The instruments 
used are referred to by Martial. 18 

BAR'BITOS (pupenoc or (SapCcrov), a stringed in- 
strument, called by Theocritus noXvxopdoc. 19 The 
iEolic form (3dp/uTog w led the grammarians to de- 
rive the word from f3apvc and /llitoc, a thread or 
string ; but according to Strabo, 21 who, if the read- 
ing be correct, makes it the same with aa/j.6vKn, it 
was of foreign origin. Pindar, in a fragment quoted 
by Atheneeus, refers the invention of it to Terpan- 
der, aa but in another place 23 it is ascribed to Anac- 
reon. Dionysius 2 * tells us that in his day it was 
not in use among the Greeks, but that the Romans, 
who derived it from them, still retained it at ancient 
sacrifices. It is impossible to determine its exact 
form with any certainty : later writers use the word 
as synonymous with Ivpa. (Vid. Lyra.) 
BARDOCUCUL'LUS. (Vid. Ccjcullus.) 
*BASALT'ES, a species of marble, as Pliny 25 

1 v 'S*ina, vol. ii., p. 60.)— 2. (Sat., i., 3, 31.— Epist., i., 1, 
94.)— 3. (ii., 34.)— 4. (Aristoph., Equit., 908.)— 5. (Aul. Gell., 
vii., 12.— Cic, Pro Rose. Com., 7.)— 6. (Capt., II., ii., 17.)— 7. 
(Lamprid., Heliog., c. 31.)— 8. (Aristoph., Thesm., 220<-Pol- 
lux, Onom., ii., 32.— Petror.., 94.)— 9. (Plin., H. N., xxxii., 10, 
47.)— 10. (Martial, vi., 93, 9.)— 11. (Plin.,iii., 74.)— 12. (lb., iii., 
74; x,65.)— 13- (Aristoph., Equit., 706.— Schol. in loc— Theo- 
phrast, Chnract., c. 26.— Pollux, Onom., ii., 146.)— 14. (Pollux, 
Onom., x., 140 )— 15. (Aulul., ii., 4, 34.)— 16. (Epig., iii., 74.)— 
17. (i., 8, 11.) — 18. (Epig.,xiv.,36: Instrumenta tonsona.) — 19. 
(xvi., 45.)— 20 (Pollux, Onom., iv., 9.— Etym. Mag. in voce.)— 
21. (x., 471, c, ed. Casaub.)— 22. (Atheneeus, iv., p. 635, a.)— 
23. (Athen , vv., p. 175.)— 24. (Ant. Rom., vii., 72.)— 25. (H. 
N , xxxvi., 9.'» 



terms it, found in Ethiopia, of the colour and nard- 
ness of iron, whence its name, from an Oriental term 
basalt, signifying "iron." To what Eastern lan- 
guage this word belongs is not known ; we may com- 
pare with it, however, the Hebrew bazzcl. Pliny 
speaks of fine works of art in Egyptian basalt, and 
of these some have found their way to Rome, as 
the lions at the base of the ascent to the Capitol, 
and the Sphinx of the Villa Borghese. 1 Winckel- 
mann distinguishes two kinds of this stone : the 
black, which is the more common sort, is the ma- 
terial of the figures just mentioned ; the other vari- 
ety has a greenish hue. 3 We must be careful not 
to confound the basaltes of the ancients with the 
modern basalt. The former was merely a species 
of syenite, commonly called basaltoid syenite, black 
Egyptian basalt, and " basalte antique." The ba- 
salt of the moderns is a hard, dark-coloured rock, 
of igneous origin. 3 

BASANISTAI. (Vid. Basanos.) 

♦BASANPTES LAPIS (j3aaavcTng lidoc), called 
also Basanos and Lapis Lydius, the Touchstone. 
Its Greek and English names both refer to its office 
of trying metals by the touch. The appellation of 
" Lydian Stone" was derived from the circumstance 
of Lydia having been one of its principal localities. 
It was also obtained in Egypt, and, besides the use 
just mentioned, was wrought into various orna- 
ments, as it still is at the present day. Other 
names for the Touchstone were Chrysites, from its 
particular efficacy in the trial of gold, and Coticula, 
because generally formed, for convenience' sake, 
into the shape of a small whetstone.* The Basa- 
nite or Touchstone differs but little from the com- 
mon variety of silicious slate. Its colour is grayish 
or bluish black, or even perfectly black. If a bar of 
gold be rubbed against the smooth surface of this 
stone, a metallic trace is left, by the colour of which 
an experienced eye can form some estimate of the 
purity of the gold. This was the ancient mode of 
proceeding. In modern times, however, the judg- 
ment is still farther determined by the changes pro- 
duced in this metallic trace by the application of ni- 
tric acid (aquafortis), which immediately dissolves 
those substances with which the gold may be al- 
loyed. Basalt and some other varieties of argillite 
answer the same purpose. The touchstones em- 
ployed by the jewellers of Paris are composed chief- 
ly of hornblende. Brogniart calls it Corneenne Lyd- 
ienne.* 

BAS'ANOS ((idaavoc), the general term among 
the Athenians for the application of torture. By a 
decree of Scamandrius, it was ordained that no free 
Athenian could be put to the torture ; 6 and this ap- 
pears to have been the general practice, notwith- 
standing the assertion of Cicero 7 to the contrary 
(de institutis Athcniensium, Rhodiorum — apud quos 
liberi civesque torquentur). The only two apparent 
exceptions to this practice are mentioned by Anti- 
phon 8 and Lysias. 9 But, in the case mentioned 
by Antiphon, Bockh 10 has shown that the torture 
was not applied at Athens, but in a foreign country ; 
and in Lysias, as it is a Plateean boy that is spokec 
of, we have no occasion to conclude that he was ac 
Athenian citizen, since we learn from Demosthe 
nes 11 that all Plataeans were not necessarily Athe 
nian citizens. It must, however, be observed, that 
the decree of Scamandrius does not appear to have 
interdicted the use of torture as a means of execu- 
tion, since we find Demosthenes 12 reminding the 

1. (Moore's Mineralogy, p. 82.) — 2. (Winckelmann, Werke, 
vol. v., p. 110, 409, &c.)— 3. (Fee in Plin., I.e.)— 4. (Hill's The- 
ophrastus, p. 189, in notis.) — 5. (Cleaveland's Mineralogy, p 
300.) — 6. (Andoc., De Myst., 22. — Compare Lys., irefit rpavfx., 
177.— c. Agorat., 462.)— 7. (Orat. Prat., c. 34.)— 8. (De Herod, 
caed., 729.)— 9. (c. Simon, 153.)— 10. (Staatshaus. tier Athener, 
i., p. 199; ii., p. 412.)— II. ^c.Neter.. 13R; ^ — 12. (De Cor., 271.J 

139 



BASILEUS. 



BASILICA. 



judges that they had put Antiphon to death by the 
rack (aTpe6?Mcavreg). 1 

The evidence of slaves was, however, always ta- 
ken with torture, and their testimony was not oth- 
erwise received. 1 From this circumstance their 
testimony appears to have been considered of more 
value than that of freemen. Thus Isaeus 3 says, 
" When slaves and freemen are at hand, you do not 
make use of the testimony of freemen ; but, putting 
slaves to the torture, you thus endeavour to find out 
the truth of what has been done." Numerous pas- 
sages of a similar nature might easily be produced 
from the orators.* Any person might offer his own 
slave to be examined by torture, or demand that of 
his adversary, and the offer or demand was equally 
called npoKArjaig elg fiucavov If the opponent re- 
fused to give up his slave to be thus examined, such 
a refusal was looked upon as a strong presumption 
against him. The tzpoKlrjatg appears to have been 
generally made in writing, 5 and to have been deliv- 
ered to the opponent in the presence of witnesses 
in the most frequented part of the Agora ; 6 and as 
there were several modes of torture, the particular 
one to be employed was usually specified. 7 Some- 
times, when a person offered his slave for torture, 
he gave his opponent the liberty of adopting any 
mode of torture which the latter pleased. 8 The 
parties interested either superintended the torture 
themselves, or chose certain persons for this pur- 
pose, hence called fiacavLcrai, who took the evi- 
dence of the slaves. 9 In some cases, however, we 
find a public slave attached to the court, who ad- 
ministered the torture ; 10 but this appears only to 
have taken place when the torture was administer- 
ed in the court, in presence of the judges. 11 This 
public mode of administering the torture was, how- 
ever, certainly contrary to the usual practice. 12 The 
general practice was to read at the trial the depo- 
sitions of the slaves, which were called fiaoavoi, 13 
and to confirm them by the testimony of those who 
were present at the administration of the torture. 

BASCAN'IA. (Vid. Fascinum.) 

BASCAUDA, a British basket. This term, which 
remains with very little variation in the Welsh 
"basgawd" and the English "basket," was con- 
veyed to Rome together with the articles denoted 
by it. We find it used by Juvenal 1 * and by Mar- 
tial 15 in connexions which imply that these articles 
were held in much esteem by the luxurious Ro- 
mans. In no other manufacture did our British an- 
cestors excel so as to obtain for their productions a 
similar distinction. 16 In what consisted the curios- 
ity and the value of these baskets, we are not in- 
formed ; but they seem to be classed among vessels 
capable of holding water. 

BASILEIA (BaalXeta) was the name of a festival 
celebrated at Lebadeia, in Boeotia, in honour of Tro- 
phonius, who had the surname of BaatTievg. This 
festival was also called Trophonia — Tpo<j>6via ; 17 
and was first observed under the latter name as a 
general festival of the Boeotians after the battle of 

" BASILEUS (J3aoaevg\ ANAX (ova?), titles ori- 
ginally given to any persons in authority, and ap- 

1 (Compare Plutarch, Phoc, c. 35.) — 2. (Antiph., Tetral., i., 
p. 633.)— 3. (De Ciron. Hered , 202.)— 4. (Compare Demosth., 
c. Oneror., i., p. 874. — Antiphon, De Choreut., 778. — Lycurg., 
c. Leocr., 159-162.)— 5. (Demosth., c. Pantaen., 978.)— 6. (De- 
niostt.., c. Aphob., iii., 848.) — 7. (Demosth., c. Steph., i., 1120.) 
--8. (A.ntiph., De Choreut., 777.) — 9. (tXd/iEvoi Paoaviards, 
airrivrfiaanEV ch ro 'K^ata-elov: Isocr., Trap., c. 9. — Compare 
Demosth., c. Pantaen., 978, 979. — Antiph., YLarrtyopia (pap/xaK; 
609.) — 10. {irapiarai 6i rjot) 6 Srjfitos, Kal (iaijaviel ivavr'tov vixwv : 
J2sch.,De Leg., 284, ed. Taylor.)— 11. (JEsch., 1. p. — Demosth., 
C. Energ., 1144.) — 12. (fiavaviCeiv ovk eotiv ivavriov vjxuiv : De- 
mosth., c. Steph., i., 1106.) — 13. (Harpocr., Suid., s. v. — De- 
mosth., c. Niccstrat., 1254.)— 14. (xii., 46.)— 15. (xiv., 99.)— 16. 
(Henry's Hist, of Britain, b. i., c. 6, p. 226.)— 17. (Pcllux, Onom., 
i., 1, $ 37 1—18. (Diod. Sic., xv., 53.) 
140 



plied in the first instance indiscriminately, without 
any accurate distinction. In the government ol 
Phaeacia, which was a mixed constitution, consist- 
ing of one supreme magistrate, twelve peers or 
councillors, and the assembly of the people, each ol 
the twelve who shared, as well as the one whn 
nominally possessed the supreme power, is desig- 
nated by the word fiaoikevg, 1 which title became 
afterward strictly appropriated in the sense of our 
term king ; but Lva\ continued long to have a much 
wider signification. In the CEdipus Tyrannus, the 
title ava% is applied to Apollo, 2 to Tiresias, 3 to Cre- 
on and CEdipus,* and to the Chorus. 5 Isocrates* 
uses j3aailevg in the sense of king, and avafj as ex- 
actly synonymous with prince, calling the king's 
sons uvaKTeg, and his daughters dvaccai. The title 
of basileus was applied to magistrates in some re- 
publican states, who possessed no regal power, but 
who generally attended to whatever was connected 
with the religion of the state and public worship. 
Thus the second archon at Athens had the title of 
basileus (vid. Archon), and we find magistrates 
with the same title in the republican states of Del- 
phi, 7 Siphnos, 8 Chalcedon, Cyzicus, &c. 9 

After the introduction of the republican form of 
government into the Grecian communities, anothei 
term (rvpavvog, tyrannus) came into use, in contra- 
distinction to the other two, and was used to desig- 
nate any citizen who had acquired and retained for 
life the supreme authority in a state which had pre- 
viously enjoyed the republican form of government. 
The term tyrant, therefore, among the Greeks, had 
a different signification from its usual acceptance in 
modern language ; and when used reproachfully, it 
is only in a political, and not a moral sense ; for 
many of the Greek tyrants conferred great benefits 
upon their country. 

BASILTCA (sc. cedes, aula, porticus — (3aai7iiKTf, 
also regia 10 ), a building which seived as a court of 
law and an exchange, or place of meeting for mer- 
chants and men of business. The term is derived, 
according to Philander, 11 from pacnlevg, a king, in 
reference to early times, when the chief magistrate 
administered the laws he made ; but it is more im- 
mediately adopted from the Greeks of Athens, 
whose second archon was styled upxuv fiaci'kevg, 
and the tribunal where he adjudicated aroa fiaa'CK- 
€Log, la the substantive aula or portions in Latin be- 
ing omitted for convenience, and the distinctive ep- 
ithet converted into a substantive. The Greek 
writers, who speak of the Roman basilica?, call them 
sometimes croal (3aaiAiKai, and sometimes merely 
Croat. 

The first edifice of this description was not erect- 
ed until B.C. 182 ; 15 for it is expressly stated by the 
historian that there were no basiheae at the time of 
the fire, which destroyed so many buildings in the 
Forum, under the consulate of Marcellus and Laevi- 
nus, B.C. 212. 1 * It was situated in the Forum ad- 
joining the Curia, and was denominated Basilica 
Porcia, in commemoration of its founder, M. Por- 
cius Cato. Besides this, there were twenty others, 
erected at different periods, within the city of 
Rome, 15 of which the following are the most fre- 
quently alluded to by the ancient authors : 1. Basil- 
ica Scmpronia, constructed by Titus Sempronius, 
B.C. 171, 16 and supposed, by Donati and Nardini, 
to have been between the vicus Tuscus and the 
Velabrum. 2. Basilica Opimia, which was above 
the Comitium. 3. Basilica Pauli Mmilii, or Basili- 




BASILICA 



BASILICA. 



ca JEmilia, called also Regia Pauli by Statius. 1 
Cicero 3 mentions two basilica? of this name, of 
which one was built, and the other only restored, 
by Paulus iEmilius. Both these edifices were in 
the Forum, and one was celebrated for its open per- 
istyle of Phrygian columns, 3 which Plutarch (Cces.) 
states was erected by L. JEmilius Paulus during his 
consulship, at an expense of 1500 talents, sent to 
aim by Caesar from Gaul, as a bribe to gain him 
over from the aristocratical party. A representa- 
tion of this is given below. 4. Basilica Pompeii, 
called also regia,* near the theatre of Pompey. 5. 
Basilica Julia, erected by Julius Caesar, in the Fo- 
rum, and opposite to the Basilica ^Emilia. It was 
from the roof of this building that Caligula scatter- 
ed money among the people for several successive 
days. 5 6. Basilica Caii el Lucii, the grandsons of 
Augustus, by whom it was founded. 6 7. Basilica 
Ulpia or Trajani, in the Forum of Trajan. 8. Basil- 
ica Constantini, erected by the Emperor Constan- 
tine, supposed to be the ruin now remaining on the 
Via Sacra, near the Temple of Rome and Venus, 
and commonly called the Temple of Peace. Of all 
these magnificent edifices, nothing now remains be- 
yond the ground plan, and the bases and some por- 
tion of the columns and superstructure of the last 
two. The basilica at Pompeii is in better preserva- 
tion ; the external walls, ranges of columns, and 
tribunal of the judges being still tolerably perfect on 
the ground floor. 

The Forum, or, where there was more than one, 
the one which was in the most frequented and cen- 
tial part of the city, was always selected for the 
site of a basilica ; and hence it is that the classic 
writers not unfrequently use the terms forum and 
basilica synonymously, as in the passage of Clau- 
dian 7 — Desuetaqu-e cingit Regius auratis fora fascibus 
Ulpia lictor, where the Forum is not meant, but the 
basilica which was in it, and which was surround- 
ed by the lictors who stood in the Forum. 8 

Vi'ruvius 9 directs that the most sheltered part of 
the Forum should be selected for the site of a basil- 
ica, in order that the public might suffer as little as 
possible from exposure to bad weather, while going 
to, or returning from, their place of business ; he 
might also have added, for their greater convenience 
white engaged within, since many of these edifices, 
and all of the more ancient ones, were entirely open 
to the external air, being surrounded and protected 
solely by an open peristyle of columns, as the an- 
nexed representation of the Basilica ^Emilia, from a 
medal of Lepidus, with the inscription, clearly 
p .bows : 

'[/niiwwww 

7/Mii \\\\\^ 



r 
- 
•v 

00 

SJ 
H 
■3 




2 
? 

b 



When, however, the Romans became wealthy 
and refined, and, consequently, more effeminate, a 
wall was substituted for the external peristyle, and 
the columns were confined to the interior ; or, if 
used externally, it was only in decorating the -po- 
j'aof, or vestibule of entrance. This was the only 
change which took place in the form of these build- 
ings from the time of their first institution until 

1. (1. c.)— 2. (Ad Att., iv., 16.)— 3. (Plin., H. N., xxxvi., 24, 
1.— Appian, De Bell. Civ., lib. ii.) — 4. (Suet., Octav., 31.)— 5. 
(Suet., Calig., 37.) — 6. (Suet., Octav., 29.) — 7. (De Honor. 
Cons., vi., 645.)— S. (7 tisc, Lex. Ant., 1. c. — Nard., Rom. 
Ant, v., 9.)— 9. fr . 1.) 



they were converted into Christian churches The 
ground plan of all of them is rectangular, and their 
width not more than half, nor less than one third 
of the length ; l but if the area on which the edi- 
fice was to be raised was not proportionably long, 
small chambers {chalcidica) were clt off from one 
of the ends, 3 which served as conveniences for the 
judges or merchants. This area was divided into 
three naves, consisting of a centre {media porticus) 
and two side aisles, separated from the centre one 
each by a single row of columns : a mode of con- 
struction particularly adapted to buildings intended 
for the reception of a large concourse of people. At 
one end of the centre aisle was the tribunal of the 
judge, in form either rectangular or circular, and 
sometimes cut off from the length of the grand nave 
(as is seen in the annexed plan of the basilica at 
Pompeii, which also affords an example of the 
chambers of the judices or chalcidica above men- 
tioned), or otherwise thrown out from the posterior 



~T 



rx± 



-T— I~ 



—VJ-1 



f I" 









"fe 



\ 

K 

l- 



wall of the building, like the tribune of some of the 
most ancient churches in Rome, and then called the 
hemicycle : an instance of which is afforded in the 
Basilica Trajani, of which the plan is given below. 
It will be observed that this was a most sumptuous 
edifice, possessing a double tribune, and double rcw 
of columns on each side of the centre aisle, dividing 
the whole into five naves. 

The internal tribune was probably the original 
construction, when the basilica was simply used as 
a court of justice ; but when those spacious halls 
were erected for the convenience of traders as well 
as loungers, then the semicircular and external 
tribune was adopted, in order that the noise ami 




confusion in the basilica might not interrupt tm 
proceedings of the magistrates. 3 In the centre of 
this tribune was placed the curule chair of the prae 
tor, and seats for judices, who sometimes amount 

1. (Vitruv., 1. c.)— 2. (Vitruv., 1. c.)— 3. (Vitruv., J. c.) 

141 



BASILICA. 



BASTERNA. 



en to the number of 180, 1 and the advocates ; and 
round the sides of the hemicycle, called the wings 
(cornua), were seats for persons of distinction, as 
well as the parties engaged in the proceedings. It 
was in the wing of the tribune that Tiberius sat to 
overawe the judgment at the trial of Granius Mai- 
cellus. 2 The two side aisles, as has been said, 
were separated from the centre one by a row of col- 
umns, behind each of which was placed a square 
pier or pilaster (parastata 3 ), which supported the 
flooring of an upper portico, similar to the gallery 
of a modern church. The upper gallery was in 
like manner decorated with columns, of lower di- 
mensions than those below ; and these served to 
support the roof, and were connected with one an- 
other by a parapet wall or balustrade (pluteus*), 
which served as a defence against the danger of 
falling over, and screened the crowd of loitereis 
above (subbasilicani 5 ) from the people of business in 
the area below. 6 This gallery reached entirely 
round the inside of the building, and was frequented 
by women as well as men, the women on one side 
and the men on the other, who went to hear and 
see what was going on. 7 The staircase which led 
to the upper portico was on the outside, as is seen 
in the plan of the Basilica of Pompeii. It is simi- 
larly situated in the Basilica of Constantine. The 
whole area of these magnificent structures was 
covered with three separate ceilings, of the kind 
called testudinatum, like a tortoise-shell ; in techni- 
cal language now denominated coved, an expression 
used to distinguish a ceiling which has the general 
appearance of a vault, the central part of which is, 
however, flat, while the margins incline by a cylin- 
drical shell from each of the four sides of the cen- 
tral square to the side walls ; in which form the 
ancients imagined a resemblance to the shell of a 
tortoise. 

From the description which has been given, it 
will be evident how much these edifices were adapt- 
ed, in their general form and construction, to the 
uses of a Christian church ; to which purpose some 
of them were, in fact, converted, as may be inferred 
from a passage in Ausonius, addressed to the Em- 
peror Gratianus : Basilica olim negotiis plena, nunc 
votis pro tua salute susceptis* Hence the later wri- 
ters of the Empire apply the term basilicae to all 
churches built after the model just described ; and 
such were the earliest edifices dedicated to Chris- 
tian worship, which, with their original designation, 
continue to this day, being still called at Rome ba- 
siliche. A Christian basilica consisted of four prin- 
cipal parts : 1. Upovaoc, the vestibule of entrance. 
2. Ncvc, navis, and sometimes gremium, the nave 
or centre aisle, which was divided from the two 
side ones by a row of columns on each of its sides. 
Here the people assembled for the purposes of wor- 
ship. 3. "Afidov (from avadaiveiv, to ascend), cho- 
rus (the choir), and suggestum, a part of the lower 
extremity of the nave raised above the general level 
of the floor by a flight of steps. 4. 'leparetov, lepbv 
flrjua, sanctuarium, which answered to the tribune 
of the ancient basilica. In the centre of this sanc- 
tuary was placed the high altar, under a tabernacle 
or canopy, such as still remains in the Basilica of 
St. John of Lateran at Rome, at which the priest 
officiated with his face turned towards the people. 
Around this altar, and in the wings of the sanctua- 
rium, were seats for the assistant clergy, with an 
elevated chair for the bishop at the bottom of the 
circle in the centre. 9 



1. (Plin., Ep., vi., 33.)— 2. (Tacit., Ann., i., 75.)— 3. (Vitruv., 
I. c.)— 4. (Vitruv., 1. c.)— 5. (Plant., Capt., IV., ji.,35.)— 6. (Vi- 
truv., 1. c.)— 7. (Plin., 1. c.)— 8. (Grat. Act. pro consulatu.)— 9. 
(Theatr. Basil. Pisan., cura Josep. Marl. Canon., iii., p. 8. — Ci- 
amp., Vet. Mori., i., ii., et De Sacr. Ed., passim.) 
142 



BASILTCA (BaatXtKal ALard^eic). About A.D. 
876, the Greek emperor Basilius, the Macedonian, 
commenced this work, which was completed by his 
son Leo, the philosopher. Before the reign of Ba- 
silius, there had been several Greek translations of 
the Pandect, the Code, and the Institutes ; but there 
was no authorized Greek version of them. The 
numerous Constitutions of Justinian's successors, 
and the contradictory interpretations of the jurists, 
were a farther reason for publishing a revised Greek 
text under the imperial authority. This great work 
was called Basilica, or BaaiTuital Aiardtijeic : it was 
revised by the order of Constantinus Porphyrogen- 
neta, about A.D. 945. The Basilica comprised the 
Institutes, Pandect, Code, the Novellae, and the im- 
perial Constitutions subsequent to the time of Jus- 
tinian, in a Greek translation, in sixty books, which 
are subdivided into titles. The publication of this 
authorized body of law in the Greek language led to 
the gradual disuse of the original compilation of 
Justinian in the East. 

The arrangement of the matter in the Basilica is 
as follows : All the matter relating to a given sub- 
ject is selected from the Corpus Juris ; the extracts 
from the Pandect are placed first under each title, 
then the constitutions of the Code, and next in or- 
der the provisions contained in the Institutes and 
the Novelise, which confirm or complete the provis- 
ions of the Pandect. The Basilica does not con- 
tain all that the Corpus Juris contains ; but it con- 
tains numerous fragments of the opinions of ancient 
jurists, and of imperial Constitutions, which are not 
in the Corpus Juris. 

The Basilica was published, with a Latin version, 
by Fabrot, Paris, 1647, seven vols. fol. Fabrot pub- 
lished only thirty-six books complete, and six oth' 
ers incomplete : the other books were made up 
from an extract from the Basilica and the scholiasts. 
Four of the deficient books were afterward found in 
MS., and published by Gerhard Meerman, with a 
translation by M. Otto Reitz, in the fifth volume of 
his Thesaurus Juris Civilis et Canonici ; and they 
were also published separately in London in 1765, 
folio, as a supplement to Fabrot's edition. A new 
critical edition, by the brothers Heimbach, was com- 
menced in 1833, and is now in progress. 

*BASILISCUS (j3aaiXcaKoc), the Basilisk, some- 
times called Cockatrice, from the vulgar belief in 
modern times, that it is produced from the egg of 
a cock. " Nicander describes it," observes Dr. Ad- 
ams, " as having a small body, about three palms 
long, and of a shining colour. All the ancient au 
thors speak with horror of the poison of the Basilisk, 
which they affirm to be of so deadly a nature as to 
prove fatal, not only when introduced into a wound, 
but also when transmitted through another object. 
Avicenna relates the case of a soldier, who, having 
transfixed a basilisk with a spear, its venom proved 
fatal to him, and also to his horse, whose lip was ac- 
cidentally wounded by it. A somewhat similar sto- 
ry is alluded to by Lucan. 1 Linnaeus, regarding, of 
course, all the stories about the Basilisk as utterly 
fabulous, refers this creature, as mentioned by the 
ancients, to the Lacerta Iguana. I cannot help think- 
ing it very problematical, however, whether the Ig- 
uana be indeed the Basilisk of the ancients. Cal- 
met supposes the Scriptural basilisk to be the same 
with the Cobra di Capello, but I am not aware of 
its being found in Africa. The serpent which is 
described under the name of Buskah by Jackson, 
would answer very well in most respects to the 
ancient descriptions of the Basilisk." 3 

BASTER'NA, a kind of litter (lectica) in which 
women were carried in the time of the Roman em- 

1. (Phars., ix., 726.) — 2. (Jackson's Account of Morocco i> 
109. — Adams, .Append , s. v.) 



BATHS. 



BATHS. 



peiors. It appears to have resembled the lectica 
[vid. Lectica J very closely ; and the only difference 
apparently was, that the lectica was carried by 
slaves, and the basterna by two mules. Several 
etymologies of the word have been proposed. Sal- 
masius supposes it to be derived from the Greek 
fjaordfr. 1 A description of a basterna is given by 
a poet in the Latin Anthology. 3 

BATHS. — BaXavelov, Balnearium, Balneum, Ba- 
lineum, Balnea, Balinea, and Thermal. These words 
Lre all commonly translated by our general term 
bath or baths ; but in the writings of the earlier 
and better authors they are used with a nice dis- 
crimination. Balneum or balineum, which is derived 
from the Greek ftahaveiov,* signifies, in its primary 
sense, a bath or bathing-vessel, such as most per- 
sons of any consequence among the Romans pos- 
sessed in their own houses ; in which sense it is 
used by Cicero,* balineum calefieri jubebo, and from 
that it came to signify the chamber which con- 
tained the bath 5 {labrum si in balineo non est), which 
is also the proper translation of the word balneari- 
um. The diminutive balneolum is adopted by Sen- 
eca 6 to designate the bath-room of Scipio, in the 
villa at Liternum, and is expressly used to charac- 
terize the unassuming modesty of republican man- 
ners, as compared with the luxury of his own times. 
But when the baths of private individuals became 
more sumptuous, and comprised many rooms in- 
stead of the one small chamber described by Sene- 
ca, the plural balnea or balinea was adopted, which 
still, in correct language, had reference only to the 
baths of private persons. Thus Cicero terms the 
baths at the villa of his brother Quintus 7 balnearia. 
Balneal and balinea, which, according to Varro, 8 
have no singular number, were the public baths. 
{Balnea is, however, used in the singular, to desig- 
nate a private bath, in an inscription quoted by Rei- 
nesius. 9 ) Thus Cicero 10 speaks of balncas Senias, 
balneas publicas, and in vestibulo balnearum, 11 and 
Aulus Gellius 13 of balncas Sitias. But this accuracy 
of diction is neglected by many of the subsequent 
writers, and particularly by the poets, among whom 
balnea is not uncommonly used in the plural number 
to signify the public baths, since the word balnea 
could not be introduced in an hexameter verse. 
Pliny also, in the same sentence, makes use of the 
neuter plural balnea for public, and of balneum for a 
private bath. 13 Tkerma (from -d-epfxn, warmth) mean, 
properly, warm springs or baths of warm water, but 
came afterward to be applied to the structures in 
which the baths were placed, and which were both 
hot and cold. There was, however, a material dis- 
tinction between the balnea and therma, inasmuch 
as the former was the term used under the Repub- 
lic, and referred to the public establishments of that 
age, which contained no appliances for luxury be- 
yond the mere convenience of hot and cold baths, 
whereas the latter name was given to those magnifi- 
cent edifices which grew up under the Empire, and 
which comprised within their range of buildings all 
the appurtenances belonging to the Greek gymna- 
sia, as well as a regular establishment appropriated 
for bathing ; which distinction is noticed by Juve- 
nal: 1 * 

" Bum petit aut thermas, aut Pkoebi balneay 

Subsequent writers, however, use these terms with- 
out distinction. Thus the baths erected by Clau- 
dius Etruscus, the freedman of the Emperor Clau- 



1. (Salmas., ad Lamprid., Heliog-., c. 21.)— 2. (iii., 183.)— 3. 
(Varro, De Lin?. Lat., ix., 68, ed. Muller.)— 4. (ad Att., ii., 3.)— 
5. (Cic, ad Fam.,xiv., 20.)— 6. (Ep., 86.)— 7. (ad Q.Fratr., iii., 
1, § 1.)— 8. (De Lin?. Lat., viii., 25 ; ix., 41, ed. Muller.)— 9. 
(Laser., xi., 115.)— 10. (Pro Coel., 25.)— 11. (lb., 26.)— 12. (iii., 
1 : x.. 3.) -13. (Ep., ii., IT.)— 14. (Sat. ~ : i. 233.) 



dian, are styled by Statius 1 balnea, and by Martial 
Etrusci thermula. In an epigram, also, by Mar 
tial, 3 "subice balneum thermis,^ the terms are not ap- 
plied to the whole building, but to two different 
chambers in the same edifice. 

Bathing was a practice familiar to the Greeks of 
both sexes from the earliest times, both in fresh 
water and salt, and in the natural warm springs as 
well as vessels artificially heated. Thus Nausicae, 
daughter of Alcinous, king of Phaeaeia, goes out with 
her attendants to wash her clothes, and, after the 
task is done, she bathes herself in the river.* Ulys- 
ses, who is conducted to the same spot, strips and 
takes a bath, while she and her servants stand 
aside. 5 Europa also bathes in the river Anaurus, 6 
and Helen and her companions in the Eurotas. 7 
Warm springs were also resorted to for the purpose 
of bathing. The 'Hpd/cheta lovrpd shown by Vul- 
can or Minerva to Hercules are celeorated by the 
poets. Pindar speaks of the hot bath of the hymphs 
— -frepiia ~Nvu<j>uv Aowrpa, 8 and Homrr * celebirites one 
of the streams of the Scamander /or its warm tem- 
perature. The artificial warm Vch was taken in a 
vessel called dadynvQoc by Horn'.', 10 because it dimin- 
ished the uncleanliness of the <*>kin, and £{i6aaic by 
Athenseus. 11 It would appea*, from the description 
of the bath administered to Ulysses in the palace of 
Circe, that this vessel did not contain water itself, 
but was only used for the bather to sit in while the 
warm water was poured over him, which was heated 
in a large caldron or tripod, under which the fire was 
placed, and, when sufficiently warmed, was taken 
out in other vessels, and poured over the head and 
shoulders of the person who sat in the dadfuvdog. 13 
Where cleanliness merely was the object sought, 
cold bathing was adopted, which was considered as 
most bracing to the nerves ; 13 but, after violent bod- 
ily fatigue or exertion, warm water was made use 
of, in order to refresh the body and relax the over- 
tension of the muscles. 1 * Thus the daduivdog is pre- 
pared for Peisistratus and Telemachus in the pal- 
ace of Menelaus, 15 and is resorted to by Ulysses and 
Diomed, when they return with the captured horses 
of Rhesus. 16 

'Eg p' daaficvdovc /3dvrec kv&orae lovcravTo. 

From which passage we also learn that the vessel 
was of polished marble, like the basins (labra) which 
have been discovered in the Roman baths. An- 
dromache, in the 22d book of the Iliad, prepares a 
hot bath for Hector against his return from battle ; 
and Nestor, in the 14th, orders Hecamede to make 
ready the warm bath {■Sepud loerpd) ; and the Phae- 
acians are represented as being addicted to the van- 
ities of dress, warm baths, and sexual indulgence. 17 

Elfiard r' k^n/j,ot6d, Xarpd re ■dep/LLu, /cat evval. 

It was also customary for the Greeks to take two 
baths in succession, first cold and afterward warm ; 
thus, in the passage of the Iliad just referred to, 
Ulysses and Diomed both bathe in the sea, and af- 
terward refresh themselves with a warm bath {dad- 
/iivdog) upon returning to their tents. The custom 
of plunging into cold water after the warm bath 
mentioned by Aristid.es, 18 who wrote in the second 
century, does not refer to the Greeks of this early 
age, but to those who lived after the subjugation of 
their country by the Romans, from whom the habit 
was most probably borrowed. 
After bathing, both sexes anointed themselves, 

1. (Sylv., i., 5, 13.)— 2. (vi., 42.)— 3. (ix., 76.)— 4. (Od., vi., 
58, 65.)— 5. (Od., vi., 210-224.)— 6. (Mosch., Id., ii., 31.) — V. 
(Theocr., Id., vii., 22.)— 8. (Olymp., xii., 27.)— 9. (II., xxii., 
149.) — 10. (napu to rfiv aoriv pivvBeiv. — Phavorinua, s. v. ca<\- 
uivdos.)—U. (l,c. 19, p. 24.)— 12. (Od., x., 359-365.)— 13. (««'• 
AiGTa roi; vcvpoig -rrpdaQopos : Athen., 1. c.) — 14. (Id. ibid.)— 15 
(Od., iv.. 48.) — 16 (11., x., 576.)— 17. (Od., viii., 248.)— 1> 
(Tom. i., Orat. 2, Sacr. Serm., p. 515.) 

143 



BATHS. 



BATHS. 



the women 1 as well as men, in order that the skin 
might not be left harsh and rough, especially after 
waim water. 8 Oil {eXaiov) is the only ointment 
mentioned by Homer as used for this purpose, and 
Pliny 3 says that the Greeks had no better ointment 
at the time of the Trojan war than oil perfumed 
with herbs. In all the passages quoted above, the 
bathers anoint themselves with clear pure oil (/UV 
klaiu) ; but in the 23d book of the Iliad,* Venus 
anoints the body of Hector with oil scented with 
roses (fAaicj podoevn), and, in the 14th book of the 
same poem, 5 Juno anoints herself with oil "ambro- 
sial, sweet, and odoriferous" (dfi6poacov, kdavbv, teO- 
vuuivov) : and elsewhere the oil is termed kvtideg, 
sweet-smelling, upon which epithet the commenta- 
tors and Athenaeus 6 remark that Homer was ac- 
quainted with the use of more precious ointments, 
but calls them oil with an epithet to distinguish 
them from common oil. The ancient heroes, how- 
ever, never "used precious unguents (fivpa). 

Among the Greeks as well as Romans, bathing 
was always a preliminary to the hour of meals. In- 
deed, the process of eating seems to have followed 
as a matter of course upon that of bathing; for 
even Nausicae and her companions, in the passage 
refeired to above, immediately after they had bathed 
and anointed themselves, sat down to eat by the 
river's side while waiting for the clothes to dry. 7 

The Lacedaemonians, who considered warm wa- 
ter as enervating and effeminate, used two kinds of 
baths, namely, the cold daily bath in the Eurotas, 
which Agesilaus also used, 8 and a dry sudorific bath 
in a chamber heated with warm air by means of a 
stove ; 9 and from them the chamber used by the 
Romans for a similar purpose was termed Lacon- 
itum. 10 

Thus it seems clear that the Greeks were famil- 
iar with the use of the bath, both as a source of 
health and pleasure, long before it came into gener- 
d. practice among the Romans, although they had 
5»# public establishments expressly devoted to the 
purpose of the same magnificence as the Romans 
had ; in which sense the words of Artemidorus 11 
may be understood, when he says, "They were 
unacquainted with the use of baths" ((3aXavEla ovk 
f/(h'taav) ; for it appears that the Athenians, at least, 
had public baths {Xovrptivec) attached to the gym- 
nasia, which were more used by the common peo- 
ple than by the great and wealthy, who had private 
baths in their own houses. 13 

The Romans, as well as Greeks, resorted to the 
rivers, in the earlier periods of their history, from 
motives of health or cleanliness, and not of luxury ; 
for, as the use of linen was little known in those 
ages, 13 health as well as comfort rendered frequent 
ablutions necessary. Thus we learn from Seneca 1 * 
that the ancient Romans washed their legs and 
arms daily, and bathed their whole body once a 
week. 

It is not recorded at what precise period the use 
of the warm bath was first introduced among the 
Romans ; but we learn from Seneca 15 that Scipio 
had a warm bath in his villa at Liternum, which, 
however, was of the simplest kind, consisting of a 
simple chamber, just sufficient for the necessary 
purposes, and without any pretension to luxury. 
It was " small and dark," he says, " after the man- 
ner of the ancients." This was a bath of warm 
water; but the practice of heating an apartment 
with warm air by flues placed immediately under it, 

1. (Od., vi., 96.)— 2. (Athen., 1. c.)— 3. (H. N., xiii, 1.)— 4. 
(1. 186.) — 5. (1. 172.) — 6. (xv., 11.)— 7. (Od.. vi., 97.) — 8. 
(Xen., Hellen., v., 4, v 28.— Plut., Ale, 23.)— 9. (Dion, liii., p. 
515, ed. Hannov., 1606.) — 10. (Compare Strabo, iii., p. 413, ed. 
Siehenkces. — Casaub. in loc.) — 11. (i., 66.)— 12. (Xen., De Pep. 
Ath., ii., 10.) — 13. (Fabr., Descr. Urb. Rom., c. 18.)— 14. (E* , 
Sfi.)— 15. (1. o.) 
144 



so as to produce a vapour bath, is stated by Valeri- 
us Maximus 1 and by Pliny 3 to have been invented 
by Sergius Orata, who lived in the age of Crassus, 
before the Marsic war. The expression used by 
Valerius Maximus is balnea pensilia, and by Pliny 
balincas pensiles, which is differently explained by 
different commentators ; but a single glance at the 
plans inserted below will be sufficient in crder u, 
comprehend the manner in which the flooring of the 
chambers was suspended over the hollow cells of 
the hypocaust, called by Vitruvius suspensura caU 
dariorum* so as to leave no doubt as to the precise 
meaning of the invention, which is more fully ex- 
emplified in the following passage ef Ausonius :* 
"Quid (memorem) qua sulphurea substructa crepidme 

fumant 
Balnea, ferventi cum Mulciber haustus operto, 
Volvit anhelatas tectoria per cavaflammas, 
Inclusum glomerans ceslu exspirante vaporem T" 

By the time of Cicero, the use of baths, both 
public and private, of warm water and hot air, had 
obtained very generally, and with a considerable de- 
gree of luxury, if not of splendour, as may be col- 
lected from a letter to his brother, 5 in which he in- 
forms him that he had given directions for removing 
the vapour bath (assa) into the opposite angle of the 
undressing-room (apodyterium), on account of the 
flue being placed in an injudicious situation ; and 
we learn from the same author that there were 
baths at Rome in his time — balneas Senias 6 — which 
were open to the public upon payment of a small 
fee. 7 

In the earlier ages of Roman hislory, a muc« 
greater delicacy was observed with respect to pro- 
miscuous bathing, even among tne men, than was 
usual among the Greeks ; for, according to Vale- 
rius Maximus, 8 it was deemed indecent for a father 
to bathe in company with his own son after he had 
attained the age of puberty, or a son in-law with his 
father-in-law: the same respectful reserve being 
shown to blood and affinity as was paid to the tem- 
ples of the gods, towards whom it was considered 
as an act of irreligion even to appear naked in any 
of the places consecrated to their worship. 9 But 
virtue passed away as wealth increased ; and, w «ien 
the thermae came into use, not only did the men 
bathe together in numbers, but even men and women 
stripped and bathed promiscuously in the same bath. 
It is true, however, that the public establishments 
often contained separate baths for both sexes ad- 
joining to each other, 10 as will be seen to have been 
also the case at the baths of Pompeii. Aulus Gel- 
lius 11 relates a story of a consul's wife who took a 
whim to bathe at Teanum (Teano), a small provin- 
cial town of Campania, in the men's baths (balneis 
virilibus); probably because, in a small town, the 
female department, like that at Pompeii, was more 
confined and less convenient than that assigned to 
the men ; and an order was consequently given to 
the quaestor, M. Marius, to turn the men out. But 
whether the men and women were allowed to use 
each other's chambers indiscriminately, or that 
some of the public establishments had only one 
common set of baths for both, the custom prevailed 
under the Empire of men and women bathing indis- 
criminately together. 12 This custom was forbidden 
by Hadrian 13 and by M. Aurelius Antoninus; 1 * and 
Alexander Severus prohibited any baths, common 
to both sexes (balnea mixta), from being opened in 
Rome. 15 

1. (ix., 1.)— 2. (H.N.,ix., 79.)— 3. (v., 11.)— 4. (Mosell.,337.) 
—5. (ad Q. Fratr., ni., 1, v 1.)— 6. (Pro Cool., 25.)— 7. (lb., 26.) 
—8. (ii., 1, 7.)— 9. (Compare Cic, De Off., i., 35.— De Orat., 
ii., 55.)— 10. (Vitruv., v., 10.— Varro, De Ling. Lat., ix., 68.)— 
11. (x., 3.)— 12. (Plin., H. N., xxxiii., 54.)— 13. (Span., Hadr., 
c. 1.) — 14. (Capitolin., Anton. Fhilosoph.. c. 23.) — 15. (Lamprid., 
Alex. Sev., c. 42.) 



BATHS. 



BATHS. 



When the public baths {balnea) were first institu- 
ted, they were only for the lower orders, who alone 
bathed in public ; the people of wealth, as well as 
those who formed the equestrian and senatorian or- 
ders, using private baths in their own houses. But 
this monopoly was not long enjoyed ; for, as early 
even as the time of Julius Caesar, we find no less a 
personage than the mother of Augustus making use 
of the public establishments, 1 which were probably, 
at that time, separated from the men's ; and, in pro- 
cess of time, even the emperors themselves bathed 
in public with the meanest of the people. Thus 
Hadrian often bathed in public among the herd (cum 
omnibus*) ; and even the virtuous Alexander Se- 
cerns took his bath among the populace in the ther- 
mae he had himself erected, as well as in those of 
his predecessors, and returned to the palace in his 
bathing-dress ; 3 and the abandoned Gallienus amu- 
sed himself by bathing in the midst of the young 
and old of both sexes — men, women, and children. 4 

The baths were opened at sumise and closed at 
sunset ; but, in the time of Alexander Severus, it 
would appear that they were kept open nearly all 
night ; for he is stated 5 to have furnished oil for his 
own thermae, which previously were not opened be- 
fore daybreak (ante auroram), and were shut before 
sunset (ante vesperum) ; and Juvenal* includes in his 
catalogue of female immoralities, that of taking the 
bath at night (balnea node subit), which may, how- 
ever, refer to private baths. 

The price of a bath was a quadrant, the smallest 
piece of coined money from the age of Cicero down- 
ward, 7 which was paid to the keeper of the bath 
(balneator) ; and hence it is termed by Cicero, in the 
oration just cited, quadrantaria pcrmutatio, and by 
Seneca, 8 res quadrantaria. Children below a cer- 
tain age were admitted free. 9 

4i Ncc pueri credunt, nisi q'li ncndum arc lavantur." 

Strangers also, and foreigners, were admitted to 
some of the baths, if not to all . without payment, 
as we learn from an inscription found at Rome, and 
quoted by Pitiscus. 10 

L. OCTAVIO. L. F. CAM. 



RUFO. TRIB. MIL. 



yUi LAVATIOXEM GRATUITAM MUMC1PIBUS, 

INCOLIS 

nOSPITIBUS ET ADVENTORItiUS. 

The baths were closed when any misfortune hap- 
pened to the Republic ; u and Suetonius ^ays that the 
Emperor Caligula made it a capital offence to in- 
dulge in the luxury of bathing upon any religious 
holyday. 13 They were originally placed under the 
superintendence of the apdiles, whose business it 
was to keep them also m repair, and to see that 
they were kept clean and of a proper temperature. 13 
In the provinces, the same duty seems to have de- 
volved upon the quaestor, as may be inferred from 
the passage already quoted from Aulus Gellius. 1 * 

The time usually assigned by the Romans for 
taking the bath was the eighth hour, or shortly af- 
terward. 15 

" Octavam poteris scrvare ; lavabimur una; 
Scis, quam sint Stephani balnea juncta mihi." 

Before that time none but invalids were allowed to 
bathe in public. 1 * Vitruvius reckons the best hours 
adapted for bathing to be from midday until about 
sunset. 17 Pliny took his bath at the ninth hour in 
summer, and at the eighth in winter ; 18 and Martia. 

1. (Suet., Octav., 94.)— 2. (Spart., Hack., c. 17.)— 3. (Lam- 
prid., Alex. Sev., c. 42.)— 4. (Trebell. Pollio, De Gallien. duob., 
c. 17.)— 5. (Lamprid., Alex. Sev., 1. c.)— 6. (Sat., vi., 419.) 
—7. (Cic, Pro Ccel., 26.— Hor., Sat., L, iii., 137.-Juv., Sat., 
vi ,447.)— 8. (Ep., 86.)— 9. (Juven., S»t., ii., 152.)— 10. (Lex. 
Aut.)— 11. (Fabr.. Descr. Urb. Rom.,c. 18.)— 12. (lb.)— 13. (lb.— 
Sen., Ep., 86.)— 14. (x., 3.)— 15. (Mart., Ep., x., 48 ; xi., 52.)— 
16 'Lampriil.. Alex. Sev.. 24.)— 17. (v.. 10.)— 18. (Ep., iii., 1,8.) 

T 



speaks of taAmg a bath, when fatigued and weary, 
at the tenth hour, and even later. 1 

When the water was ready and the baths pre- 
pared, notice was given by the sound of a bell — as 
the .narum* One of these bells, with the inscription 
Firmi Balneatoris, was found in the thermae Dio- 
cletianae, in the year 1548, and came into the pos- 
session of the learned Fulvius Ursinus. 3 

While the bath was used for health merely or 
cleanliness, a single one was considered sufficient 
at a time, and that only when requisite. But the 
luxuries of the Empire knew no such bounds, and 
the daily bath was sometimes repeated as many as 
seven and eight times in succession — the number 
which the Emperor Commodus indulged himself 
with.* Gordian bathed seven times a day in sum- 
mer, and twice in winter ; the Emperor Gallienus 
f.ix or seven times in summer, and twice or thrice 
in winter. 5 Commodus also took his meals in the 
bath ;• a custom which was not confined to a dis- 
solute emperor alone, for Martial 7 attacks a certain 
vEmilius for the same practice, which passage, how- 
ever, is differently interpreted by some commenta- 
tors. 

It was the usual and constant habit of the Ro- 
mans to take the bath after exercise, and previous- 
ly to their principal meal (ccena) ; but the debauchees 
of the Empire bathed also after eating, as well as 
before, in order to promote digestion, so as to ac- 
quire a new appetite for fresh delicacies. Nero is 
related to have indulged in this practice, 8 which is 
also alluded to by Juvenal. 9 

Upon quitting the bath, it was usual for the Ro- 
mans, as well as Greeks, to be anointed with oil ; to 
which custom both Pompey and Brutus are repre- 
sented by Plutarch as adhering. But a particular 
habit of body, or tendency to certain complaints, 
sometimes required this order to be reversed ; for 
which reason Augustus, who suffered from nervous 
disorders, was accustomed to anoint himself before 
bathing; 10 and a similar practice was adopted by 
Alexander Severus. 11 The most usual practice, 
however, seems to have been to take some gentle 
exercise (exercilatio) in the first instance, and then, 
after bathing, to be anointed either in the sun, or in 
the tepid or thermal chamber, and finally to take 
their food. 

The Romans did not content themselves with a 
single bath of hot or cold water, but they went 
through a course of baths in succession, in which 
the agency of air ss well as water was applied. It 
is difficult to ascertain the precise order in which 
the course was usually taken, if, indeed, there was 
any general practice beyond the whim of the indi- 
vidual. Under medical treatment, of course the 
succession would be regulated by the nature of the 
disease for which a cure was sought, and would 
vary, also, according to the different practice of dif- 
ferent physicians. It is certain, however, that it 
was a general practice to close the pores and brace 
the body after the excessive perspiration of the va- 
pour bath, either by pouring cold water over the 
head, or by plunging at once into the piscina, or into 
a river, as the Russians still do, 18 and as the Romans 
sometimes did, as we learn from Ausonius. 

" Vidi ego defessos multo sudor e lavacri 
Fastidisse lacus, et frigora piscinarum, 
Ut vivis fruerentur aquis ; mox amne refotos 
Plaudenii gelidum flumen pepulisse natatu.' int 

Musa, the physician of Augustus, is said to have 

1. (Epigr., iii., 36;-x., 70.)— 2. (Mart., Ep., xiv., 163.)— 3. 
(Append, ad Ciaccon., De Triclin.) — 4. (Lamprid., Commod., c. 
2.)— 5. (Capitol., Gall., c. 17.)— 6. (Lamprid.. 1. c.)— 7. (EpigT., 
xii., 19.)— 8. (Suet., Nero, 27.)— 9. (Sat., i., 142.)— 10. (Suet., 
Octav., 82.)— 11. (Lamprid., Akx. Sev., 1. c.)— 12. iTooke'i 
Russia.)— 13. (Mosell.. 341.) 

145 



BATHS. 



BATHS. 




introduced this practice, 1 which became quite the 
fashion, in consequence of the benefit which the 
emperor derived from it, though Dion 2 accuses him 
of having artfully caused the death of Marcellus by 
an improper application of the same treatment. In 
other cases it was considered conducive to health 
to pour warm waie~ over the head before the vapour 
bath, and cold wate immediately after it ; 3 and at 
other times a success x»n of warm, tepid, and cold 
water was resorted to. 

The two physicians, GoY,n and Celsus, differ in 
some respects as to the oi^.er in which the baths 
should be taken ; the former recommending first the 
hot air of the Laconicum (af:pt #ep//<5), next the 
bath of warm water (vdup ■depfj.ov pjid lovrpov), af- 
terward the cold, and, finally, to be well rubbed ;* 
while the latter recommends his patients first to 
sweat for a short time in the tepid chamber (tepida- 
rium) without undressing ; then to proceed into the 
thermal chamber (calidarium), and, after having gone 
through a regular course of perspiration there, not 
to descend into the warm bath (solium), but to pour 
a quantity of warm water over the head, then te- 
pid, and finally cold ; afterward to be scraped with 
the strigil (perfricari), and finally rubbed dry and 
anointed. 5 Such, in all probability, was the usual 
habit of the Romans when the bath was resorted to 
as a daily source of pleasure, and not for any par- 
ticular medical treatment ; the more so, as it re- 
sembles, in many respects, the system of bathing 
still in practice among the Orientals, who, as Sir 
W. Gell remarks, "succeeded by conquest to the 
luxuries of the enervated Greeks and Romans." 6 

In the passage quoted above from Galen, it is 
plain that the word lovrpov is used for a warm 
bath, in which sense it also occurs in the same au- 
thor. Vitruvius, 7 on the contrary, says that the 
Greeks used the same word to signify a cold bath 
(frigida lavatio, quam Grceci "kovrpov vocitant). The 
contradiction between the two authors is here point- 
ed out, for the purpose of showing the impossibility, 
as well as impropriety, of attempting to fix one pre- 
cise meaning to each of the different terms made 
use of by the ancient writers in reference to their 
bathing establishments. 

Having thus detailed from classical authorities 
the general habits of the Romans in connexion with 
their system of bathing, it now remains to examine 
and explain the internal arrangements of the struc- 
tures which contained their baths, which will serve 
as a practical commentary upon all that has been 
said. Indeed, there are more ample and better ma- 
terials for acquiring a thorough insight into Roman 



manners in this one particular, than for any otli«t 
of the usages connected with their domestic habits 
Lucian, in the treatise which is inscribed Hippias, 
has given a minute and interesting description of a 
set of baths erected by an architect of that name, 
which it is to be regretted is much too long for in- 
sertion in this place, but which is well worth peru- 
sal ; and an excavation made at Pompeii between 
the years 1824, '25, laid open a complete set of pub- 
lic baths (balnea), with many of the chambers, even 
to the ceilings, in good preservation, and construct- 
ed in all their important parts upon rules very simi- 
lar to those laid down by Vitruvius. 

In order to render the subjoined remarks more 
easily intelligible, the preceding woodcut is insert- 
ed, which is taken from a fresco painting upon the 
walls of the thermae of Titus at Rome. 

The woodcut on the following page represents the 
ground-plan of the baths of Pompeii, which are near- 
ly surrounded on three sides by houses and shops, 
thus forming what the Romans termed an insula. 

The whole building, which comprises a double 
set of baths, has six different entrances from the 
street, one of which, A, gives admission to the 
smaller set only, which were appropriated to the 
women, and five others to the male department ; of 
which two, B and C, communicate directly with the 
furnaces, and the other three, D, E, F, with the ba- 
thing apartments, of which F, the nearest to the 
Forum, was the. principal one ; the other two, D and 
E, being on opposite sides of the building, served 
for the convenience of those who lived on the north 
and east sides of the city. To have a variety of 
entrances (etjodotc noXkalc; Tedvpu/uevov) is one ot 
the qualities enumerated by Lucian necessary to a 
well-constructed set of baths. 1 Passing through the 
principal entrance F, which is removed from the 
street by a narrow footway surrounding the insula 
(the outer curb of which is marked upon the plan 
by the thin line drawn round it), and after descend- 
ing three steps, the bather finds upon his left hand 
a small chamber ..i), which contained a conveni- 
ence (latrina 2 ), and proceeds into a covered portico 
(2), which ran rouiui three sides of an open court— 
atrium (3), and these together formed the vestibule 
of the baths — vestibulum balnearum, 3 in which the 
servants belonging to the establishment, as well as 
such of the slaves and attendants of the great and 
wealthy whose services were not required in the in- 
terior, waited. There are seats for their accom- 
modation placed underneath the portico (a, a). 
This compartment answers exactly to the first, 
which is described by Lucian. 4 Within this court 






1. (Plin., H. N.,xxv., 38.)— 2. (liii., p. 517.)— 3. (Plin., H.N,, 1. (Hippias, 8.)— 2. (Latrina was also used, previously to th» 
ixviii., 14.— Celsus, De Med., i., 3.)— 4. (Galen, De Methodo \ time of Varro, for the bathing-vessel, quasi lavatrina.— Varro, 
Bredendi. x., 10, p. 708, 709, ed. Kuhn.)— 5. (Cels., De Med., i., De Ling. Lat., ix., 68, ed. Muller.— Compare LuciL, ap. Non 
4 )— 6. (Gell's Pompeii, vol. 1, p. 86, ed. 1632.)— 7. (v., 11.) I c. 3, n. 131.)— 3. (Cic, Pro Coal., 26.)— 4. (1. c, 5.) 
146 






BATHS 



BATHS. 




the keeper 01 the baths (balneator), who exacted the 
quadrans paid by each visiter, was also stationed ; 
and, accordingly, in it was found the box for holding 
the money. The room (4) which runs back from 
the portico might have been appropriated to him ; 
or, if not, it might have been an <zcus or exedra, for 
the convenience of the better classes while await- 
ing the return of their acquaintances from the inte- 
rior, in which case it will correspond with the 
chambers mentioned by Lucian, 1 adjoining to the 
servants' waiting-place (h upiarepa de ribv kg rpv- 
$t]v TvapeaKevaafiivuv otKr/fidTuv). In this court like- 
wise, as being the most public piace, advertisements 
for the theatre, or other announcements of general 
interest, were posted up, one of which, announcing 
a gladiatorial show, still remains. (5) Is the corri- 
dor which conducts from the entrance E into the 
same vestibule. (6) A small cell of similar use as 
the corresponding one in the opposite corridor (1). 
(7) A passage of communication which leads into 
the chamber (8), the frigidarium, which also served 
as an apodytcrium or spoliatorium, a room for un- 
dressing ; and which is also accessible from the 
street by the door D, through the corridor (9), in 
which a small niche is observable, which probably 
served for the station of another balneator, who col- 
lected the money from those entering from the north 
street. Here, then, is the centre in which all the 
persons must have met before entering into the in- 
terior of the baths ; and its locality, as well as oth- 
er characteristic features in its fittings up, leave no 
room to doubt that it served as an undressing-room 
to the balnea, Pompeiancz. It does not appear that 
any general rule of construction was followed by 
the architects of antiquity with regard to the local- 
ity and temperature best adapted for an apodyteri- 
um. The word is not mentioned by Vitruvius, nor 
expressly by Lucian ; but he says enough for us to 
infer that it belonged to the frigidarium in the baths 
oi i.J'ppias. 8 " After quitting the last apartment, 
thern is a sufficient number of chambers for the 
bathers to undress, in the centre of which is an 
whs, containing three baths of cold water." Pliny 
• ne younger says that the apodytcrium at one of his 
own villas adjoined the frigidarium, 3 and it is plain, 

« (] c . 5.)— 2. (1. i .n ) 1 (Ep., v., 6.) 



from a passage already quoted, that the apodytcrium 
was a warm apartment in the baths belonging to 
the villa of Cicero's brother Quintus (assa in alte- 
rum apodyterii angulum promovi), to which tempera- 
ture Celsus also assigns it. In the thermae at Rcme, 
each of the hot and cold departments had probably 
a separate apodytcrium attached to it ; or, if not, the 
ground-plan was so arranged that one apodytcrium 
would be contiguous to, and serve for both or either ; 
but where space and means were circumscribed, as 
in the little city of Pompeii, it is more reasonable to 
conclude that the frigidarium served as an apodyte- 
rium for those who confined themselves to cold ba- 
thing, and the tepidarium for those who commenced 
their ablutions in the warm apartments. The ba- 
thers were expected to take off their garments in 
the apodytcrium, it not being permitted to enter into 
the interior unless naked. 1 They were then deliv- 
ered to a class of slaves called capsarii (from capsa, 
the small case in which children carried their books 
to school), whose duty it was to take charge of them. 
These men were notorious for dishonesty, and lea- 
gued with all the thieves of the city, so that they 
connived at the robberies they were placed there to 
prevent. Hence the expression of Catullus, " fu- 
rum optume balneariorum /" a and Trachilo, in the Ru- 
dens of Plautus, 3 complains bitterly of their rogue- 
ry, which, in the capital, was carried to such an ex- 
cess that very severe laws were enacted against 
them, the crime of stealing in the baths being made 
a capital offence. 

To return into the chamber itself: it is vaulted 
and spacious, with stone seats along two sides of 
the wall (b, b), and a step for the feet below, slight- 
ly raised from the floor (pulvinus et gradus*). Holes 
can still be seen in the walls, which might have 
served for pegs on which the garments were hung 
when taken off; for in a small provincial town like 
Pompeii, where a robbery committed in the baths 
could scarcely escape detection, there would be no 
necessity for capsarii to take charge of them. It 
was lighted by a window closed with glass, and or- 
namented with stucco mouldings and painted yel- 
low. A section and drawing of this interior is giv. 

I. (Cic, Pro Coel., 26.)- 2. (Carm.,xxxiii., 1 )-3. (Il.,«ur : i. 
51.)-4. (Vitruv., v., 10.) 

147 



BATHS. 



BATHS. 



en in Sir W. Gell's Pompeii. There are no less 
than six doors to this chamber ; one led to the en- 
trance E, another to the entrance D, a third to the 
small room (11), a fourth to the furnaces, a fifth to 
the tepid apartment, and the sixth opened upon the 
cold bath (10), named indifferently by the ancient 
authors, natatio, natatorium, piscina, baptisterium, 
puteus, "kovTpov. The word baptisterium} is not a 
bath sufficiently large to immerse the whole body, 
but a vessel or labrum, containing cold water for 
pouring over the head. 2 The bath, w r hich is coat- 
ed with white marble, is 12 feet 10 inches in diam- 
eter, and about three feet deep, and has two marble 
steps to facilitate the descent into it, and a seat sur- 
rounding it at the depth of 10 inches from the bot- 
tom, for the purpose of enabling the bathers to sit 
down and wash themselves. The ample size of 
this basin explains to us what Cicero meant when 
he wrote, " Latiorem piscinam voluissem, ubi jactata 
brachia non offender entur." It is probable that many 
persons contented themselves with the cold bath 
only, instead of going through the severe course of 
perspiration in the warm apartments ; and as the 
frigidarium alone could have had no effect in baths 
like these, where it merely served as an apodyteri- 
um, the natatio must be referred to when it is said 
that at one period cold baths were in such request 
that scarcely any others were used. 3 There is a 
platform or ambulatory (schola*) round the bath, 
also of marble, and four niches of the same material 
disposed at regular intervals round the walls, with 
pedestals, for statues probably, placed in them ; 
according to Sir W. Gell, 5 with seats, which he 
interprets scholce, for the accommodation of persons 
waiting an opportunity to bathe ; but a passage of 
Vitruvius, 6 hereafter quoted, seems to contradict 
this use of the term : and seats were placed in the 
frigidarium adjoining, for the express purpose of ac- 
commodating those who were obliged to wait for 
their turn. The ceiling is vaulted, and the cham- 
ber lighted by a window in the centre. The an- 
nexed woodcut represents a frigidarium, with its 




cold bath 7 at one extremity, supposed to have form- 
ed a part of the Formian villa of Cicero, to whose 
age the style of construction, and the use of the 
simple Doric order, undoubtedly belong. The bath 
itself, into which the water still continues to flow 
from a neighbouring spring, is placed under the al- 
cove, and the two doors on each side opened into 
small chambers, which probably served as apodyte- 
ria. It is still to be seen in the gardens of the Vil- 
la Caposeli, at Mola di Gaeta, the site of the ancient 
Formiae. 

1. (Plin., Ep., v., 6.) — 2. (Compare also Plin., Ep., xvii., 2.) 
—3. (Gell's Pompeii, 1. c.)— 4. (Vitruv., v. 10.)— 5. (1. c.)— 6. 
( V . \(\)—7. (puteus : Pl ; .n., Ep., v., 6.) 

148 



In the cold bath of Pompeii tl e water ran into th» 
basin through a spout of bronze, and was canied 
off again through a conduit on the opposite side. It 
was also furnished with a waste-pipe under the 
margin to prevent it from running over. No. 11 ia 
a small chamber on the side opposite to the frigida- 
rium, which might have served for sha\ ing (tonstn- 
na), or for keeping unguents or strigiles ; and from 
the centre of the side of the frigidarium, the bather, 
who intended to go through the process of warm 
bathing and sudation, entered into (12) the tepida- 



num. 



This chamber did not contain water either at 
Pompeii or at the baths of Hippias, but was merely 
heated with warm air of an agreeable temperature^ 
in order to prepare the body for the great heat cf 
the vapour and warm baths ; and, upon returning, 
to obviate the danger of a too sudden transition to 
the open air. In this respect it resembles exactly 
the tepid chamber described by Lucian, 1 which he 
says was of a moderate and not oppressive heat, 
adjoining to which he places a room for anointing 
(oikoc akeiipaodai irpoorjvCde 7rapEx6/ievoc). 

In the baths at Pompeii this chamber served like 
wise as an apodyterium for those who took the 
warm bath ; for which purpose the fittings up are 
evidently adapted, the walls being divided into a 
number of separate compartments or recesses, for 
receiving the garments when taken off, by a series 
of figures of the kind called Atlantes or Telamones^ 
which project from the walls, and support a rich 
cornice above them. One of these divisions, with 
the Telamones, is represented in the article Atlan- 
tes. Two bronze benches were also found in the 
room, which was heated as well by its contiguity 
to the hypocaust of the adjoining chamber, as by a 
brazier of bronze (foculus), in which the charcoal 
ashes were still remaining when the excavation 
was made. A representation of it is given in the 
annexed woodcut. Its whole length was seven; 
feet, and its breadth two feet six inches. 




In addition to this service, there can be little doubt 
that this apartment was used as a depository for 
unguents and a room for anointing (uXenrTfipiov, 
unctuarium, elceothesium), the proper place for which 
is represented by Lucian 8 as adjoining to the tepi- 
darium, and by Pliny 3 as adjoining to the hypocaust : 
and for which purpose some of the niches between 
the Telamones seem to be peculiarly adapted. In 
the larger establishments, a separate chamber was 
allotted to these purposes, as may be seen by refer- 
ring to the drawing taken from the Thermae ot 
Titus ; but, as there is no other spot within the cir- 
cuit of the Pompeian baths which could be applied 
in the same manner, we may safely conclude that 
the inhabitants of this city were anointed in tha 
tepidarium, which service was performed by slaves 
called unctores and aliptce. (Vid. Alipt^e.) For 
this purpose the common people used oil simply or 
sometimes scented ; but the more wealthy classes 
indulged in the greatest extravagance with regard 
to their perfumes and unguents. These they ei- 
ther procured from the elceothcsium of the baths, oi 
brought with them in small glass bottles (ampulla 
olearia), hundreds of which have been discovered 
in different excavations made in various parts of 



1. (1. c, 6.)— 2. (I.e.)— 3. (Er ,£, 17.) 






BATHS 



BATHS. 



Italy. (Vid. Ampulla.) The fifth book of Athe- 
naeus contains an ample treatise upon the numerous 
kinds of ointments used by the Romans ; which 
subject is also fully treated by Pliny. 1 

Caligula is mentioned by Suetonius 2 as having 
invented a new luxury in the use of the bath, by 
perfuming the water, whether hot or cold, by an in- 
fusion of precious odours, or, as Pliny relates the 
fact, 3 by anointing the walls with valuable un- 
guents ; a practice, he adds, which was adopted by 
one of the slaves of Nero, that the luxury should 
not be confined to royalty (ne principale videatur hoc 
bonum). 

From this apartment, a door, which closed by its 
own weight, to prevent the admission of cold air, 
opened into No. 13, the thermal chamber, or con- 
camcrata sudatio of Vitruvius ;* and which, in exact 
conformity with his directions, contains the warm 
bath — balneum, or calda lavatio,* at one of its ex- 
tremities, and the semicircular vapour, or Laconi- 
cum, at the other ; while the centre space between 
the two ends, termed sudatio by Vitruvius, 6 and su- 
datorium by Seneca, is exactly twice the length of 
its width, according to the directions of Vitruvius. 
The object in leaving so much space between the 
warm bath and the Laconicum was to give room for 
the gymnastic exercises of the persons within the 
chamber, who were accustomed to promote a full 
flow of perspiration by rapid movements of the arms 
and legs, or by lifting weights ; which practice is 
alluded to by Juvenal : 7 

" Magno gaudct sudare tumultu, 
Quum lassata gravi ceciderunt brachia massa." 

In larger establishments, the conveniences contain- 
ed in this apartment occupied two separate cells, 
one of which was appropriated to the warm bath, 
which apartment was then termed caldarium, cella 
caldaria, or balneum, and the other which comprised 
the Laconicum and sudatory — Laconicum sudatio- 
nesquc* which part alone was then designated un- 
der the name of concamerata sudatio. This distribu- 
tion is represented in the painting on the walls of 
the Thermae of Titus ; in which there is also anoth- 
er peculiarity to be observed, viz., the passage of 
communication (intcrcapedo) between the two cham- 
bers, the flooring of which is suspended over the 
hypocaust. Lucian informs us of the use for which 
this compartment was intended, where he mentions 
as one of the characteristic conveniences in the 
baths of Hippias, that the bathers need not retrace 
their steps through the whole suite of apartments by 
which they had entered, but might return from the 
thermal chamber by a shorter circuit through a 
room of gentle temperature (di'rjpefia Sepfiov olK^/j,a- 
toc 9 ), which communicated immediately with the 
frigidarium. 

The warm-water bath, which is termed calda la- 
vatio by Vitruvius, 10 balineum by Cicero, 11 piscina or 
calida piscina by Pliny 12 and Suetonius, 13 as well as 
labrum 1 * and solium by Cicero, 15 appears to have 
been a capacious marble vase, sometimes standing 
upon the floor, like that in the picture from the 
Thermae of Titus ; and sometimes either partly ele- 
vated above the floor, as it was at Pompeii, or en- 
tirely sunk into it, as directed by Vitruvius. 16 The 
term labrum is generally used of a bath containing 
warm water, and piscina of one which contains 
cold ; but the real distinction seems to be that the 
latter was larger than the former, as in the words 
of Cicero already quoted, " latiorem piscinam voluis- 



1. (H. N., xiii.)— 2. (Cal., 37.)— 3. (1. c.)— 4. (v., 11.)— 5. 
fVitruv., 1. c.)— 6. (1. c.)— 7. (Sat., vi., 420.)-8. (Vitruv., 1. c.) 
-9. (1. c, 7.)— 10. (1. cV— II. (ad Aft., ii., 3.)— 12. (Ep., ii., 
17.)— 13. (Nero, 27.)— 14. (Cic, ad Fam., xiv., 16.)— 15. (in 
Pison., 27.)— 16. (v., 10.) 



s€?n." Pliny 1 uses the term piscina for a pona or 
tank in the open air (which was probably the accu- 
rate and genuine sense of the word) ; which, from 
being exposed to the heat of the sun, possessed a 
higher temperature than the cold bath, which last 
he distinguishes in the same sentence by the word 
puteus, " a well," which probably was that repre- 
sented in the drawing from the bath at Mola.* 
Maecenas is said, by Dion, 3 to have bo»en the first 
person who made use of a piscina of warm water, 
called by Dion Ko?„v/Li6f/dpa* — The words of Vitru- 
vius, 5 in speaking of the warm-water bath, are as 
follows : ; ' The bath (labrum) should be placed un- 
derneath the window, in such a position that the 
persons who stand around may not cast their shad- 
ows upon it. The platform which surrounds th<» 
bath (scholce labrorum) must be sufficiently spacious 
to allow the surrounding observers, who are wait- 
ing for their turn, to stand there without crowd- 
ing each other. The width of the passage or chan- 
nel (alveus), which lies between the parapet (plu- 
teus) and the wall, should not be less than six feet, 
so that the space occupied by the seat and its step 
below (pulvinus et gradus inferior) may take off 
just two feet from the whole width." The sub- 
joined plans, given by Marini, will explain his 
meaning. 



K 



A 



J3 i- 



I| C 



B 



r 



"■'■' »■■•: 



E 



J± 




A, labrum, or bath ; B, schola, or platform ; C, piu- 
teus, or parapet ; D, alveus, passage between the 
pluteus and wall ; F, pulvinus, or seat ; and E, the 
lower step (gradus inferior), which together take up 
two feet. 

The warm bath at Pompeii is a square basin of 
marble, and is ascended from the outside by two 
steps raised from the floor, which answered to the 
parapet ox pluteus of Vitruvius. Around ran a nar- 
row platform (schola) ; but which, in consequence of 
the limited extent of the building, would not admit 
of a seat (pulvinus) all round it. On the interior, 
another step, dividing equally the whole length of 
the cistern, allowed the bathers to sit down and 
wash themselves. The annexed section will ren 
der this easily intelligible. 

A, labrum ; B, schola ; C, pluteus ; D, the step on 
the inside, probably called solium, which word is 
sometimes apparently used to express the bath 
itself; and Cicero 6 certainly makes use of the term 

1. (Ep., v., 6.)— 2. (" Si natare latius aut tepidius velis, in 
area piscina est, in proximo puteus, ex quo possis rursus adstringi 
si pceniteat teporis.") — 3. (lib. lv.) — 4. (irpdrds re Ko\vp.6ri6pa.t> 
Scpuov vfiaros tv rfj irdXti KaTianva.cz-) — 5. (v., 10.) — 6. <~a 
Pison., 27.) 

149 



BATHS.. 



BATHS, 



B 



tpWBMff 






to express a vessel for containing liquids. But the 
explanation given above is much more satisfactory, 
and is also supported by a number of passages in 
which it is used. It is adopted by Fulv. Ursinus, 1 
who represents the solium, in a drawing copied from 
Mercurialis, 2 as a portable bench or seat, placed 
sometimes within and sometimes by the side of the 
bath. Augustus is represented 3 as making use of a 
wooden solium (quod ipse Hispanico verbo duretam 
vocabat) ; in which passage it is evident that a seat 
was meant, upon which he sat to have warm water 
poured over him. In the women's baths of the op- 
ulent and luxurious capital, the solia were some- 
times made of silver. 4 

We now turn to the opposite extremity of the 
chamber which contains the Laconicum or vapour 
bath, so called because it was the custom of the 
Lacedaemonians to strip and anoint themselves 
without using warm water after the perspiration 
produced by their athletic exercises ; 5 to which 
origin of the term Martial also alludes : 6 

" Ritus si placeant tibi Laconum, 
Contentus potes arido vapore 
Cruda Virgine Martiave mergi." 

By the terms Virgine and Martia the poet refers to 
the Aqua Virgo and the Aqua Martia, two streams 
brought to Rome by the aqueducts.) (Vid. Aqu^- 
ductus. 

It is termed assa by Cicero, 7 from a&, to dry ; 
because it produced perspiration by means of a dry, 
hot atmosphere ; which Celsus 8 consequently terms 
sudationes assas, " dry sweating," which, he after- 
ward adds, 9 was produced by dry warmth {colore 
sicco). It was called by the Greeks TcvpiatT^piov, 10 
from the fire of the hypocaust, which was extended 
under it ; and hence by Alexander Aphrodis., t-rjpbv 
■&olov, " a dry vaulted chamber." 

Vitruvius says that its width should be equal to 
its height, reckoning from the flooring (suspensura) 
to the bottom of the thole (imam curvaturam hemi- 
sphcerii), over the centre of which an orifice is left, 
from which a bronze shield (clipeus) was suspended. 
This regulated the temperature of the apartment, 
being raised or lowered by means of chains to which 
it was attached. The form of the cell was required 
to be circular, in order that the warm air from the 
hypocaust might encircle it with greater facility." 
In accordance with these rules is the Laconicum at 
Pompeii, a section of which is given below, the cli- 
peus only being added in order to make the mean- 
ing more clear. 

A, The suspended pavement, suspensura ; B, the 
junction of the hemisphaerium with the side walls, 
ima curvatura hemisphcerii ; C, the shield, clipeus ; 
E and F, the chains by which it is raised and low- 
ered ; D, a labrum, or flat marble vase, like those 
called tazze by the Italians, into which a supply of 
water was introduced by a single pipe running 
through the stem. Its use is not exactly ascertain- 
ed in this place, nor whether the water it contained 
was hot f r cold. 

It would not be proper to dismiss this account of 
the Laconicum without alluding to an opinion adopt- 
ed by some writers, among whom are Galiano and 

1. (Append, in Ciaccon., De Triclin.) — 2. (De Art. Gymn.) — 
S. (Suet., Octav., 82.)— 4. (Plin., H. N., xxxiii., 54.)— 5. (Dion, 
liii., p. 516.)— 6. (Epigpr., VI., xlii., 16.)— 7. (Ad Quint. Fratr., 
lii., 1, I) 1.)— 8. (hi., cap. ult.)— 9. (xi., 17.)— 10. (Voss., Lex. 
Etym., s. v.) — 11. (Vitruv., v., 10. — See also Athenaeus, xi., p. 
104.) 

150 




Cameron, that the Laconicum was merely a small 
cupola, with a metal shield over it, rising above the 
flooring (suspensura) of the chamber, in the manner 
represented by the drawing from the Thermae of Ti- 
tus, which drawing has, doubtless, given rise to the 
opinion. But it will be observed that the design in 
question is little more than a section, and that the 
artist may have resorted to the expedient in order 
to show the apparatus belonging to one end of the 
chamber, as is frequently dene in similar plans, 
where any part which required to be represented 
upon a larger scale is inserted in full development 
within the general section; for in none of the nu- 
merous baths which have been discovered in Italy 
or elsewhere, even where the pavements were in a 
perfect state, has any such contrivance been observ- 
ed. Besides which, it is manifest that the clipeus 
could not be raised or lowered in the design alluded 
to, seeing that the chains for that purpose could not 
be reached in the situation represented, or, if at- 
tained, could not be handled, as they must be red- 
hot from the heat of the hypocaust, into which they 
were inserted. In addition to which, the remains 
discovered tally exactly with the directions of Vi- 
truvius, which this does not. 

After having gone through the regular course ol 
perspiration, the Romans made use of instruments 
called strigiles (or strigles 1 ) to scrape off the per- 
spiration, much in the same way as we are accus- 
tomed to scrape the sweat off a horse with a piece 
of iron hoop after he has run a heat, or comes in 
from violent exercise. These instruments, some 
specimens of which are represented in the follow- 
ing woodcut, and many of which have been discov- 




ered among the ruins of the various baths of an- 
tiquity, were made of bone, bronze, iron, and silver ; 
all corresponding in form with the epithet of Mar- 

1. (Juv., Sat., hi., 263.) 



BATHS. 



BATHS. 



tial, " curvo distiingere ferro." 1 The poorer class- 
es were obliged to scrape themselves, but the more 
wealthy took their slaves to the baths for the pur- 
pose ; a fact which is elucidated by a curious story 
related by Spartian. 3 The emperor, while bathing 
one day, observing an old soldier, whom he had for- 
merly known among the legions, rubbing his back, 
a3 the cattle do, against the marble walls of the 
chamber, asked him why he converted the wall into 
a strigil ; and learning that he was too poor to keep 
a slave, he gave him one, and money for his main- 
tenance. On the following day, upon his return to 
the bath, he found a whole row of old men rubbing 
themselves in the same manner against the wall, in 
the hope of experiencing the same good fortune 
from the prince's liberality ; but, instead of taking 
the hint, he had them all called up, and told them 
to scrub one another. 

The strigil was by no means a blunt instrument ; 
consequently, its edge was softened by the applica- 
tion of oil, which was dropped upon it from a small 
vessel called guttus (called also ampulla, I^kvOoc, fiv- 
poBrfKtov, kTiaioQopov 3 . Vid. Ampulla.) This had 
a narrow neck, so as to discharge its contents drop 
by drop, from whence the name is taken. A rep- 
resentation of a guttus is given in the preceding 
woodcut. Augustus is related to have suffered 
from an over-violent use of this instrument.* In- 
valids and persons of a delicate habit made use of 
sponges, which Pliny says answered for towels as 
well as strigils. They were finally dried with tow- 
els (lintea), and anointed. 5 

The common people were supplied with these 
necessaries in the baths, but the more wealthy car- 
ried their own with them, as we infer from Persius :• 

'• I, puer, et strigiles Crispini ad balnea defer." 

Luc.au 7 adds also soap and towels to the list. 

After the operation of scraping and rubbing dry, 
they retired into, or remained in, the tepidarium until 
they thought it prudent to encounter the open air. 
But it does not appear to have been customary to 
bathe in the water, when there was any, which was 
not the case at Pompeii, nor in the baths of Hippi- 
as, e either of the tepidarium or frigidarium ; the 
temperature only of the atmosphere in these two 
chambers being of consequence to break the sudden 
change from the extreme of hot to cold. 

Returning now back into the frigidarium (8), 
which, according to the directions of Vitruvius, 9 
has a passage (14) communicating with the mouth 
of the furnace (e), which is also seen in the next 
woodcut under the boilers, called prcefurnium, prop- 
nigeum, 10 Trpo-viyeiov (from npo, before, and nvcyevc, 
a furnace), and passing down that passage, we reach 
the chamber (15) into which the praefurnium pro- 
jects, and which has also an entrance from the 
street at B. It was appropriated to the use of those 
who had charge of the fires (fornaca tores). There 
are two staircases in it ; one of which leads to the 
roof of the baths, and the other to the coppers which 
contained the water. Of these there were three : 
one of which contained the hot water — caldarium 
(sc. vas or ahenum) ; the second the tepid — tepida- 
ixum ; and the last the cold— frigidarium. The 
warm water was introduced into the warm bath by 
means of a conduit pipe, marked on the plan, and 
conducted through the wall. Underneath the calda- 
rium was placed the furnace (furnus 11 ), which serv- 
ed to heat the water, and give out streams of warm 
air into the hollow cells of the hypocaustum (from 

1. (Epigr., xiv., 51.)— 2. (Hadrian, c. 17.)— 3. (Ruperti in 
Jav., Sat., iii., 262.)— 4. (Suet., Octav., 30.)— 5. (Juv., Sat., iii., 
262*- Apuleius, Met., lib. ii.— Plin., H. N., xixi., 47.)— 6. (Sat., 
v., 126.)— 7. (Leiiph., vol. ii , p. 320, ed. Reiz.)— 8. (Lucian, 1. 
c.)— 9. (v., 11.)— 10. (Plin., Ej).. ii.. 17.)— 11. (Hor., Ep, i., 
11.18.) » Hi i 



vtto, under, and icaio), to burn). It passed fiom tne 
furnace under the first and last of the caldrons by 
two flues, which are marked upon the plan. These 
coppers were constructed in the same manner as is 
represented in the engraving from the Thermae of 
Titus ; the one containing hot water being placed 
immediately over the furnace ; and, as the water 
was drawn out from thence, it was supplied from 
the next, the tepidarium, which was already con- 
siderably heated, from its contiguity to the furnace 
and the hypocaust below it, so that it supplied the 
deficiency of the former without materially dimin- 
ishing its temperature ; and the vacuum in this last 
was again filled up from the farthest removed, which 
contained the cold water received directly from the 
square reservoir seen behind them ; a principle 
which has at length been introduced into the mod 
ern bathing establishments, where its efficacy, both 
in saving time and expense, is fully acknowledged. 
The boilers themselves no longer remain, but the 
impressions which they have left in the mortar in 
which they were imbedded are clearly visible, and 
enable us to ascertain their respective positions and 
dimensions, the first of which, the caldarium is rep- 
resented in the annexed cut. 




5>" 



Behind the coppers there is another corridor (lb), 
leading into the court or atrium (17) appropriated to 
the servants of the bath, and which has also the 
convenience of an immediate communication with 
the street by the door at C. 

We now proceed to the adjoining set of baths, 
which were assigned to the women. The entrance 
is by the door A, which conducts into a small ves- 
tibule (18), and thence into the apodyterium (19), 
which, like the one in the men's baths, has a seat 
(pulvinus et gradus) on either side built up against 
the wall. This opens upon a cold bath (20), an- 
swering to the natalio of the other set, but of much 
smaller dimension, and probably similar to the one 
denominated by Pliny 1 puteus. There are four 
steps on the inside to descend into it. Opposite to 
the door of entrance into the apodyterium is another 
doorway which leads to the tepidarium (21), which 
also communicates with the thermal chamber (22), 
on one side of which is a warm bath in a square re- 
cess, and at the farther extremity the Laconicum 
with its labrum. The floor of this chamber is sus- 
pended, and its walls perforated for flues, like the 
corresponding one in the men's baths. 

The comparative smallness and inferiority of the 
fittings-up in this suite of baths has induced some 
Italian antiquaries to throw a doubt upon the fact 
of their being assigned to the women ; and among 
these the Abbate Iorio 3 ingeniously suggests that 
they were an old set of baths, to which the large* 
ones were subsequently added when they became 
too small for the increasing wealth and population 
of the city. But the story, already quoted, of the 



1. (1. c.)— 2. (Plan de Pompeii.) 



151 



BATHS, 



BATHS. 



consul's wife who turned the men out of their baths 
at Teanum for her convenience, seems sufficiently 
to negative such a supposition, and to prove that 
the inhabitants of ancient Italy, if not more selfish, 
were certainly less gallant than their successors. 
In addition to this, Vitruvius expressly enjoins that 
the baths of the men and women, though separate, 
should be contiguous to each other, in order that 
they might be supplied from the same boilers and 
hypocaust -, 1 directions which are here fulfilled to the 
letter, as a glance at the plan will demonstrate. 

Tt does not enter within the scope of this article 
to investigate the source from whence, or the man- 
ner in which, the water was supplied to the baths of 
Pompeii. But it may be remarked that the sugges- 
tion of Mazois, who wrote just after the excavation 
was commenced, and which has been copied from 
him by the editor of the volumes on Pompeii pub- 
lished by the Society for the Diffusion of Useful 
Knowledge, was not confirmed by the excavation ; 
and those who are interested in the matter may 
consult the fourth appendix to the Plan de Pompeii, 
by the Abbate Iorio. 

Notwithstanding the ample account which has 
been given of the plans and usages respecting baths 
in general, something yet remains to be said about 
that particular class denominated Thermae ; of which 
establishments the baths, in fact, constituted the 
smallest part. The thermae, properly speaking, were 
a Roman adaptation of the Greek gymnasium, or 
palaestra {vid. Palaestra), as described by Vitruvi- 
us ; a both of which contained a system of baths in 
conjunction with conveniences for athletic games 
and 3 r outhful sports, exedrae in which the rhetori- 
cians declaimed, poets recited, and philosophers lec- 
tured, as well as porticoes and vestibules for the 
idle, and libraries for the learned. They were dec- 
orated with the finest objects of art, both in paint- 
ing and sculpture, covered with precious marbles, 
and adorned with fountains and shaded walks and 
plantations, like the groves of the Academy. It 
may be said that they began and ended with the 
Empire, for it was not until the time of Augustus 
that these magnificent structures were commenced. 
M. Agrippa is the first who afforded these luxuries 
to his countrymen, by bequeathing to them the ther- 
mae and gardens which he had erected in the Cam- 
pus Martius. 3 The Pantheon, now existing at 
Rome, served originally as a vestibule to these 
baths ; and, as it was considered too magnificent 
for the purpose, it is supposed that Agrippa added 
the portico and consecrated it as a temple, for which 
use it still serves. It appears from a passage in 
Sidonius Apollinaris, 4 that the whole of these build- 
ings, together with the adjacent Thermae Neronia- 
nae, remained entire in the year A.D. 466. Little is 
now left beyond a few fragments of ruins, and the 
Pantheon. The example set by Agrippa was fol- 
lowed by Nero, and afterward by Titus ; the ruins 
of whose thermae are still visible, covering a vast 
extent, partly under ground and partly above the 
Esquiline Hill. Thermae were also erected by Tra- 
jan, Caracalla, and Diocletian, of the last two of 
which ample remains still exist ; and even as late 
us Constantine, besides several which were con- 
structed by private individuals, P. Victor enumer- 
ates sixteen, and Panvinus 6 has added four more. 

Previously to the erection of these establish- 
ments for the use of the population, it was custom- 
ary for those who sought the favour of the people 
to give them a day's bathing free of expense. Thus, 
according to Dion Cassius, 6 Faustus, the son of 
Suite, furnished warm baths and oil gratis to the 

I. (Vifcr., v., 10.}— 2. (v., 11.)— 3. (Dion,liv., torn, i., p. 759.— 
Fiin, H. N.,xxxvi., 64).— 4. (Carm. xxiii., 495.)— 5. (Urb Rom. 
L)p«ript., i>. 106.) — 6. (xxxvii., p. 143.) 
152 



people for one day ; and Augustus, on one occasion, 
furnished warm baths and barbers to the people for 
the same period free of expense, 1 and at another 
time for a whole year to the women as well as 
men. 3 From thence it is fair to infer that the 
quadrant paid for admission into the balnea was not 
exacted at the thermce, which, as being the works 
of the emperors, would naturally be opened with 
imperial generosity to all, and without any charge, 
otherwise the whole city would have thronged to 
the establishment bequeathed to them by Agrippa •, 
and in confirmation of this opinion, it may be w- 
marked, that the old establishments, which weie 
probably erected by private enterprise, 3 were term- 
ed meritorice* Most, if not all, of the other regula- 
tions previously detailed as relating to the economy 
of the baths, apply equally to the thermae : but it is 
to these establishments especially that the dissolute 
conduct of the emperors, and other luxurious in- 
dulgences of the people in general, detailed in the 
compositions of the satirists and later writers, must 
be considered to refer. 

Although considerable remains of the Roman 
thermae are still visible, yet, from the very ruinous 
state in which they are found, we are far from be- 
ing able to arrive at the' same accurate knowledge 
of their component parts, and the usages to which 
they were applied, as has been done with respect to 
the balnea ; or, indeed, to discover a satisfactory 
mode of reconciling their constructive details witt 
the description which Vitruvius has left of the baths 
appertaining to a Greek palaestra, or the description 
given by Lucian of the baths of Hippias. All, in- 
deed, is doubt and guess-work ; each of the learned 
men who have pretended to give an account of their 
contents differing in almost all the essential partic- 
ulars from one another. And yet the great simi- 
larity in the ground-plan of the three which still re- 
main cannot fail to strike even a superficial observ- 
er; so great, indeed, that it is impossible not to 
perceive at once that they were all constructed 
upon a similar plan. Not, however, to dismiss the 
subject without enabling our readers to form some- 
thing like a general idea of the*>e enormous edifices, 
which, from their extent and magnificence, have 
been likened to provinces {in modum pr ovincia.ru m 
exstructcB*), a ground-plan of the Thermae of Cara- 
calla is annexed, which are the best preserved 
among those remaining, and which were, perhaps, 
more splendid than all the rest. Those apartments, 
of which the use is ascertained with the appearance 
of probability, will be alone marked and explained. 
The dark parts represent the remains still visible, 
the open lines are restorations. 

A, Portico fronting the street made by Caracalla 
when he constructed his thermae. B, Separate ba- 
thing-rooms, either for the use of the common peo- 
ple, or, perhaps, for any persons who did not wish 
to bathe in public. C, Apodyteria attached to them. 
D, D, and E, E, the porticoes. 6 F, F, Exedrse, in 
which there were seats for the philosophers to hold 
their conversations. 7 G, Hypaethrae, passages open 
to the air : Hypccthrce. ambulationes quas Graeci 7re- 
ptdpo/itfiac, nostri xystos appellant. 8 H, H, Stadia in 
the palsestra — quadrata sive oblonga. 9 I, I, Possibly 
schools or academies where public lectures were 
delivered. J, J, and K, K, Rooms appropriated to 
the servants of the baths (balneatorcs). In the lat- 
ter are staircases for ascending to the principal res- 
ervoir. L, Space occupied by walks and shr.ibber- 
ies — ambulationes inter platanones. 10 M, The arena 
or stadium in which the youth performed their ex- 



1. (Id., liv., p. 755.)— 2. (Id., xlix., p. 600.)— 3 (Compare 
Plin., H. N., ix., 79.)— 4. (Plin., Ep., ii., 17.)— 5. (Amm. Mar- 
cell., xvi., 6.)— 6. (Vitruv., v., 11.)— 7. (Vitruv , . c— Cic, De 
Orat., ii., 5.;— 8. \Yitt i ", 1. O— 9. (Vitrw . .. c.)— 10 (Vi- 
truv., 1. c.) 



BATHS. 



BATHS. 



^3fe 




frcises, with 'seats for the spectators, 1 called the 
tkeatridium. N, N, Reservoirs, with upper stories, 
6ectional elevations of which are given in the two 
subsequent woodcuts. 0, Aquasduct which sup- 
plied the baths. P, The cistern or piscina. This 
external range of buildings occupies one mile in 
circuit. 

We now come to the arrangement of the interior, 
for which it is very difficult to assign satisfactory 
destinations. Q represents the principal entrances, 
of which there were eight. R, the natatio, piscina, 
or cold-water bath, to which the direct entrance 
from the portico is by a vestibule on either side 
marked S, and which is surrounded by a set of 
chambers which served most probably as rooms for 
undressing (apodyteria), anointing (unctuaria), and 
stations for the capsarii. Those nearest to the per- 
istyle were, perhaps, the conisteria, where the pow- 
der was kept which the wrestlers used in order to 
obtain a firmer grasp upon their adversaries ■ 

u Tile cavis hausto spar git me pulvere palmis, 
Inque vicem fulva tactu flavcscit arencc." 2 

The inferior quality of the ornaments which these 
apartments have had, and the staircases in two of 
ihem. afford evidence that they were occupied by 
menials. T is considered to be the tepidarium,* 
with four warm baths (u, u, u, u) taken out of its 
four angles, and two labra on its two flanks. There 
are steps for descending into the baths, in one of 
which traces of the conduit are still manifest. Thus 
it would appear that the centre part of this apart- 
ment served as ? 'epidarium, having a balneum or 
calda lavatio in foui . f its corners. The centre part, 



1. (Vitruv., 1. c.)— 2. (Ovid, M?t., ix., 35.— Vid. etiam Sal- 
mas., ad TerMill., Pall., p. 217 -Me ;urial., De Arte Gymn., i., 8.) 



like that also of the preceding apartment, is sup- 
ported by eight immense columns. 

The apartments beyond this, which are too much 
dilapidated to be restored with any degree of cer- 
tainty, contained, of course, the laconicum and su- 
datories, for which the round chamber W, and its 
appurtenances seem to be adapted, and which are 
also contiguous to the reservoirs, Z, Z. 1 

e, e probably comprised the ephebia, or places 
where the youth were taught their exercises, with 
the appurtenances belonging to them, such as the 
spharisterium and coryeceum. The first of these 
takes its name from the game at ball, so much in 
favour with the Romans, at which Martial's friend 
was playing when the bell sounded to announce 
that the water was ready. 3 The latter is derived 
from KiopvKoc, a sack, 3 which was filled with bran 
and olive husks for the young, and sand for the 
more robust, and then suspended at a certain height, 
and swung backward and forward by the players. 4 

The chambers also on the other side, which are 
not marked, probably served for the exercises of 
the palaestra in bad weather. 5 

These baths contained an upper story, of which 
nothing remains beyond what is just sufficient to 
indicate the fact. They have been mentioned and 
eulogized by several of the Latin authors. 6 

It will be observed that there is no part of the 
bathing department separated from the rest which 
could be assigned for the use of the women exclu- 
sively. From this it must be inferred either that 
both sexes always bathed together promiscuously 

1. (Vitmv., v., 11.)— 2. (Mart., Ep., xiv., 163.)— 3. (Ilesych., 
s. v.) — 4. (Aulis, De Gymn. Const., p. 9.— AntilL, ap. Oribas.. 
Coll! Med., 6.)— 5. (Vitruv., v., 11.)— 6. (Spartian., Caracall., 
c. 9.— Lamprid., Heliogab., c. 17.— Alex. Scv.. c. 25.— Eutrop., 
viii., 11.— Olymp., ap. Phot., p. 114, ed. Auj. Vindel., 1601 ) 

153 



BATILLUS. 



BAXA. 



m the thermae, or that the women were exclucbl 
altogether from these establishments, and only ad- 
mitted to the balnea. 

It remains to explain the manner in which the 
immense body of water required for the supply of 
a set of baths in the therms was heated, which has 
been performed very satisfactorily by Piranesi and 
Cameron, as may be seen by a reference to the two 
subjoined sections of the castellum aquceductus and 
viscina belonging to the Thermae of Caracalla. 





A, arches of the aquaeduct which conveyed the 
water into the 'piscina B, from whence it flowed 
into the upper range of cells through the aperture 
at C, and thence again descended into the lower 
ones by the aperture at D, which were placed im- 
mediately over the hypocaust E, the praefurnium of 
which is seen in the transverse section at F, in the 
lower cut. There were thirty-two of these cells 
arranged in two rows over the hypocaust, sixteen 
on each side, and all communicating with each 
other ; and over these a similar number similarly 
arranged, which communicated with those below 
by the aperture at D. The parting walls between 
these cells were likewise perforated with flues, 
which served to disseminate the heat all round the 
whole body of water. When the water was suffi- 
ciently warm, it was turned on to the baths through 
pipes conducted likewise through flues in order to 
prevent the loss of temperature during the passage, 
and the vacuum was supplied by*Pepid water from 
the range above, which was replenished from the 
piscina ; exactly upon the principle represented in 
the drawing from the Thermae of Titus, ingeniously 
applied upon a much larger scale. 

BATIL'LUS (ufin), a shovel. Pliny mentions 
the use of iron shovels, when heated, in testing 
silver and verdigris. 1 Horace ridicules the vain 
pomposity of a municipal officer in the small town 
of Fundi, who had a shovel of red-hot charcoal 
carried before him in public for the purpose of burn- 
ing on it frankincense and other odours (prunes ba- 
tillum 2 ). Varro points out the use of the shovel in 
the poultry-yard (cum batillo circumire, ac stercus 
tollere 3 ). The same instrument was employed, to- 
gether with the spade, for making roads and for 
various agricultural operations (a/zcu 4 ). " Hamae" 
are also mentioned as utensils for extinguishing 
fires. These may have been wooden shovels, used 
for throwing water, as we now see them employed 
in some countries which abound in pools and canals. 5 

1. (Plin., H. N., xxxiii., 44 ; xxxiv., 26.)— 2. (Sat., I., v., 36.) 
—3. (De Re Rust , iii., 6.)— 4. (Xen., Cyrop., vi., 2.— Brunck, 
Anal., ii., p. 53.— Geoponica, ii., 22.)— 5. (Juv., xiv., 305.) 
154 



*BATIS (Parte), a species of fish. It is the 
Rata batis, L. ; called in French Coliart, in English 
the Flair or Skate. 1 

♦BATOS (/3droc), a plant or shrub, the species of 
which, as described by Theophrastus, 3 are thus 
arranged by Stackhouse : The first, or bpdocpvije, is 
the Rubus fruticosus, or Common Bramble. The 
second, or x a f xa i°' aTOC > is the R. Chamamorus, or 
Cloud-berry (called in Scotland the Avron ). The 
third, or KvvooSaroc, is the R. idaus, or Raspberry. 
Sprengel agrees with almost all the authorities, that 
the j3droc, properly speaking, of Dioscorides and 
Galen, is the Rubus fruticosus ; and the idaia, the 
Rubus idceus. It may be proper to remark, that by 
the poets, fidrog is often applied to any thorny 
shrub. Thus, in the following epigram, it is applied 
to the stem of the rose : 

" To podov uKjia&i ftacbv xpovov, f t v de rrapeWrt 
Znruv evpTjaetc ov podov bXka /?urov." 3 

*BATRACHTUM (parpdxiov), a plant of which 
Apuleius says, "Nascitur stepe in Sardinia." Hence 
Schulze, who is otherwise undecided respecting it, 
holds it to be identical with the " Sardoa herba" of 
Virgil and others, namely, a species of the Ranun 
cuius, or Crow-foot. Sprengel refers the first spe 
cies of Dioscorides to the Ranunculus Asiaticus , 
the second to the R. lanuginosus ; the third to the 
R. muricatus ; and the fourth to the R. aqudtilus, 
upon the authority of Sibthorp.* 

*BATRACHUS (parpa X oc), I. The Frog, called 
in Latin Rana. The name was applied to several 
species of the genus Rana. " The common frogs 
of Greece," observes Dodwell, " have a note totally 
different from that of the frogs of the northern 
climates, and there cannot be a more perfect imita- 
tion of it than the Brekekekex koax koax of Aris- 
tophanes." — The Rana arborea, according to the 
same traveller, is of a most beautiful light-green 
colour, and in its form nearly resembles the com- 
mon frog, but is of a smaller size ; it has also 
longer claws, and a glutinous matter at its feet, 
with which it attaches itself with great facility to 
any substance that comes in its way. It lives 
chiefly on trees, and jumps with surprising agility 
from branch to branch. Its colour is so nearly 
identified with that of the leaves, that it is very- 
difficult to distinguish the one from the other. Its 
eyes are of a most beautiful vivacity, and it is so 
extremely cold that, when held in the hand, it pro- 
duces a chilly sensation like a piece of ice. Its 
song is surprisingly loud and shrill, and in hot days 
almost as incessant and tiresome as that of the tet- 
tix. These animals are more common in Leucadia 
than in other parts of Greece. 8 

II. A species of fish, called in English the Toad- 
fish, Frog-fish, and Sea-devil. It is the Lophivs 
piscatorius, L. ; in French, Bandroie ; in Italian, 
Martino pescatore. Aristotle calls it the fidrpaxog 
akiaq, iElian the (3. dlievc. By Ovid it is termed 
Rana ; by Pliny, Rana, and also Rana piscatrix ; * 
and by Cicero, Rana marina. Schneider, in his 
commentary on Aristotle, states that the (3drpaxoe 
of Oppian would appear to be the Lophius barbatus f 
and that of JElian the L. vespertilio. 6 

BAXA or BAXEA, a sandal made of vegetable 
leaves, twigs, or fibres. According to Isidore, 7 
this kind of sandal was worn on the stage by comic, 
while the cothurnus was appropriate to tragic act- 
ors. When, therefore, one of the characters in 



1. (Aristot., H. A., i., 5, &c— ^lian, N. A., xvi., 13.)— 2. 
(H. P., i., 2, 8, 15, 16 ; iii., 18.— Dioscor., iv., 37, 38.)— 3. (An- 
thol. Gnec, adeem., 39.) — 4. (Dioscor., ii., 206. — Bauhin, Pinax, 
v., 3. — Martyn, ad Virg., Eclog., vii., 41. — Adams, Append., s. 
v.)— 5. (Dodwell's Tour, vol. ii., p. 44, 45.)— 6. (Aristot., H. A., 
ix., 37.— JElian, N. A., ix., 24; xiii., 1.— Ovid, Hal., 126.— 
Plin., H. N., ix., 24 ; xxv., 10.— Cic, Nat. Deor., ii., 49 )— 7. 
(Orig., xix., 33.) 



BDELLIUM. 



BJIBAIOSEOS DIKE. 



Plautus 1 says, b Qui extergentur haxece ?" we may 
suppose him to point to the sandals on his feet. 

Philosophers also wore sandals of this descrip- 
tion, at least in the time of Tertullian* and Apule- 
ius, 3 and probably for the sake of simplicity and 
cheapness. 

Isidore adds that baxeae were made of willow 
(ex salice), and that they were also called calories ; 
and he thinks that the latter term was derived from 
the Greek kuKov, wood. It is probable that in 
Spain they were made of Spanish broom (spartum*). 
From numerous specimens of them discovered in 
the catacombs, we perceive that the Egvptians 
made them of palm-leaves and papyrus. 5 They are 
sometimes observable on the feet of Egyptian stat- 
ues. According to Herodotus, sandals of papyrus 
(vnodijuaTa fivdXiva 6 ) were a part of the required 
and characteristic dress of the Egyptian priests. 
We may presume that he intended his words to in- 
clude not only sandals made, strictly speaking, of 
papyrus, but those also in which the leaves of the 
date-palm were an ingredient, and of which Apuleius 
makes distinct mention, when he describes a young 
priest covered with a linen sheet and wearing san- 
dals of \>a\m*(linteis amiculis intcctum, pedesque pal- 
meis baxeis indutum 1 ). The accompanying woodcut 
shows two sandals exactly answering to this de- 
scription, from the collection in the British Museum. 
The upper one was worn on the right foot. It has 
a loop on the right side for fastening the band which 
went across the instep. This band, together with 
the ligature connected with it, which was inserted 
between the great and the second toe, is made of 
the stem of the papyrus, undivided and unwrought. 
The lower figure shows a sandal in which the por- 
tions of the palm-leaf are interlaced with great neat- 
ness and regularity, the sewing and binding being 
effected by fibres of papyrus. The three holes may 
be observed for the passage of the band and liga- 
ture already mentioned. 





It appears that these vegetable sandals were 
sometimes ornamented, so as to become expensive 
and fashionable ; for Tertullian says, " Soccus et baxa 
quotidie deaurantur ." 8 The making of them, in all 
their variety, was the business of a class of men 
called baxearii ; and these, with the solearii, who 
made other kinds of sandals, constituted a corpora- 
tion or college at Rome. 9 

*BDELLA (fi6t%la), the common Leech, or Hi- 
rudo domestica. The application of leeches is often 
recommended by Galen and the medical authors 
subsequent to him. The poet Oppian alludes to 
the medicinal use of the leech, and describes very 
graphically the process by which it fills itself with 
blood. 10 

*BDELLIUM ((SiSeXliov), commonly called a gum, 

1. (Men.,TI.,iii.,40.)— 2. (De Pallio, p. 117, ed. Rigalt.)— 3. 
(Met., ii. and x\.)^i. (Plin., H. N., xix., 7.)— 5. (Wilkinson's 
Manners and Customs, &c, vol. iii., p. 336.)— 6. (ii., 37.)— 7. 
(Met., ii.)— 8. (De Idol., . 8, p. 89.)— 9. (Marini, Aui degli 
Frati Arv., p. 12.)— 10. (Halieut., ii., 600.— Adams, Append., 
s. r.) 



but in reality a gum-resin, the origin of which is a 
subject of doubt. It would appear that there are 
two, if not more, kinds of bdellium, the source 
of one of which seems to be ascertained ; the oth 
ers are matters of controversy. The Bdellium ot 
the ancients came from India, Arabia, Babylonia, 
and Bactriana. The last was the best. 1 It still 
comes, though not exclusively, from Asia. Adan« 
ton states that he saw in Africa the substance ex- 
ude from a thorny species of Amyris, called by the 
natives Niouttout. From its resemblance to myrrh, 
the analogy is in favour of its being obtained from 
an Amyris or Balsamodendron. The opinion of its 
being obtained from a palm, either the Leontarus 
domestica (Gaertn.) or the Borassus flabelliformis, is 
very improbable. The Sicilian bdellium is produced 
by the Drucus Hispanicus (Decand.), which grows 
on the islands and shores of the Mediterranean. 
The Egyptian bdellium is conjectured to be pro- 
duced by the Borassus flabelliformis already alluded 
to. Dioscorides and Galen describe two kinds of 
bdellium, the second of which is Benzoin, according 
to Hardouin and Sprengel. 

II. A substance mentioned in the second chapter 
of Genesis, 8 and which has given rise to a great 
diversity of opinion. The Hebrew name is bedolak, 
which the Septuagint renders by dvdpatj, " carbun- 
cle ;" the Syriac version, "beryll" (reading bero- 
lah 3 )', the Arabic, "pearls;" Aquila, Theodotion, 
and Symmachus, " Bdellium ;" while some are in 
favour of " crystal," an opinion which Reland, 
among others, maintains.* There is nothing, how- 
ever, of so much value in bdellium as to warrant 
the mention of this in the account of a particular 
region ; it is more than probable, on the contrary, 
that pearls are meant, as expressed by the Arabic 
version. This view of the subject was maintained 
by many of the Jewish rabbins, and, among others, 
by Benjamin of Tudela. Bochart also advocates it 
with great learning; and it derives great support 
from another passage in the Sacred Writings, where 
Manna is compared with Bdellium. As the Manna 
is said to have been white and round, these two 
characteristics give rise at once to a resemblance 
between it and pearls. 5 

BEBAIfl'SEGS AIKH (/3e6at6(Teug SUri), an ac 
tion to compel the vendor to make a good title, was 
had recourse to when the right or possession of the 
purchaser was impugned or disturbed by a third 
person. A claimant under these circumstances, 
unless the present owner were inclined to fight the 
battle himself (avro/Ltaxetv), was referred to the 
vendor as the proper defendant in the cause (etc npa- 
rfipa avdycLv). If the vendor were then unwilling 
to appear, the action in question was the legal rem- 
edy against him, and might be resorted to by the 
purchaser even when the earnest only had been 
paid. 6 From the passages in the oration of Demos- 
thenes against Pantaenetus that bear upon the sub- 
ject, it is concluded by Heraldus 7 that the liability 
to be so called upon was inherent in the character 
of a vendor, and, therefore, not the subject of spe- 
cific warranty or covenants for title. The same 
critic also concludes, from the glosses of Hesychius 
and Suidas, that this action might in like manner 
be brought against a fraudulent mortgager.* If the 
claimant had established his right, and been, by the 
decision of the dicasts, put in legal possession of the 
property, whether movable or otherwise, as appears 
from the case in the speech against Pantaenetus, 
the ejected purchaser was entitled to sue for reim- 

1. (Plin., H. N., xii., 9.— Peripl. Mar. Erythr., p. 21, 22, 28, 
29.— Ctesias, Indie, 19.— Bahr in loc, p. 318.)— 2. (v., 12.)— 
3. (Bochart, Hieroz., P. ii., col. 674.)-- 4 (Dissert. Miscell.. P. 
i., p. 27, seqq. — Rosenmuller, ad Gen., 1. c.)— 5. (Bochart, 1. c.) 
— 6 (Harpocrat., s. v. avroftax^v, (icSaman.) — 7. (Animadv. in 
Salm., iv., 3, 6.) — 8. (Animadv. in Salm., iv., 3.m fin.) 

155 



BENEFICIUM. 



BERYLLUS. 



oursement fi o.m the vendor by the action in ques- 
tion. 1 The cause is classed by Meier 2 among the 
6Uat irpog nva, or civil actions that fell within the 
cognizance of the thesmothetse. 

♦BEL'ONE (J3eX6vn), the Gar-fish or Horn-fish, 
the Esox Belone, L. It is called Durio in Athenaeus ; 
ftehovn -QakaTTtrj by ./Elian ; 3 payig by Oppian ;* 
and Acus sive Belone by Pliny, 5 who elsewhere says, 
" Belone qui aculeati vocantur." 6 The Belone gets 
its name from its long and slender shape, like a 
" needle." The bones of this fish are remarkable 
for their colour, which is a beautiful green, not 
arising either from cooking or the spinal marrow, 
as some have believed. There is a long disserta- 
tion on this fish in the Addenda to Schneider's edi- 
tion of JElian, and in Gesner, De Aquatilibus. 1 

*BECHION. {Vid. BHXION.) 

*BEMA (firjfza). ( Vid. Ecclesia.) 

BENDIDEFA (fievdideia), a Thracian festival in 
honour of the goddess Bevdic, who is said to be 
identical with the Grecian Artemis 8 and with the 
Roman Diana. The festival was of a bacchanalian 
character. 9 From Thrace it was brought to Athens, 
where it was celebrated in the Peirasus, according 
to the scholiast on Plato, 10 on the nineteenth, or, 
according to Aristoteles Rhodius and others, ol 
VTTo/Liv7]fj.a7io-TaL, referred to by Proclus, 11 on the 
twentieth, of the month Thargelion, before the Pan- 
athenaea Minora. 12 Herodotus 13 says that he knows 
that the Thracian and Pseonian women, when they 
sacrifice to the royal Artemis, never offer the vic- 
tims without a wheat-stalk (uvev nvpiJv icald/inc). 
This was probably at the Bevdideia. The Temple 
of BevSic was called Bevdifieiov. 1 * 

BENEFI'CIUM ABSTINENDI. (Vid. Hekes.) 

BENEFI'CIUM, BENEFICIA'RIUS. The word 
beneficium is equivalent to feudum or fief in the 
writers on the feudal law, and is an interest in land, 
or things inseparable from the land, or things im- 
movable. 15 The beneficiarius is he who has a bene- 
ficium. The term benefice is also applied to an 
ecclesiastical preferment. 16 

The term beneficium is of frequent occurrence in 
the Roman law, in the sense of some special privi- 
lege or favour granted to a person in respect of age, 
sex, or condition. But the word was also used in 
other senses, and the meaning of the term, as it 
appears in the feudal law, is clearly derivable from 
the signification of the term among the Romans of 
the later republican and earlier imperial times. In 
the time of Cicero, it was usual for a general or a 
governor of a province to report to the treasury 
the names of those under his command who had 
done good service to the state : those who were 
included in such report were said in benejiciis ad 
ararium deferri. 11 In benejiciis in these passages may 
mean that the persons so reported were considered 
as persons who had deserved well of the state, and 
so the word beneficium may have reference to the 
services of the individuals ; but as the object for 
which their services were reported was the benefit 
of the individuals, it seems that the term had refer- 
ence also to the reward, immediate or remote, 
obtained for their services. The honours and offi- 
ces of the Roman state, in the republican period, 
were called thebeneficia of the Populus Romanus. 

Beneficium also signified any promotion conferred 
un, or grant made to soldiers, who were thence 

1. (Pollux, Onom., viii., 6.)— 2. (Att. Process, 526.)— 3. (N. 
A.., ix., 60.)— 4. (Hal., i.)— 5. (II. N., ix., 51.)— 6. (H. N., 
xxxii., 11.) — 7. (Adams, Append., s.v.) — 8. (Hesych., s. v. B/r- 
fo f .)— 9. (Strabo, x., p. 470, d.)— 10. (Repub., i., p. 354, s. 24, 
Kl. Bekk.)— 11. (Coram, in Plat., Tim., lib. i.)— 12. (Clinton, F. 
R\, p. 333, 334.)— 13. (iv., 33, sub fin.)— 14. (Xen.; Hellen., ii., 
i, i> 11.— Liv., xxxviii., 41.)— 15. (Feud., lib. ii., tit. 1.)— 16. 
(Ducange, Gloss.)— 17. (Cic., Pro Arch., c. 5. — Ep. ad Fam , v., 
W) 

15G 



called beneficiarii : this practice was common, as 
we see from inscriptions in Gruter, 1 in some of 
which the beneficiarius is represented by the two 
letters B. F. In this sense we must understand 
the passage of Caesar 2 when he speaks of the mag- 
na beneficia and the magna clientele of Pompey in 
Citerior Spain. Beneficiarius is also used by Cas- 
sar 3 to express the person who had received a 
beneficium. It does not, however, appear from 
these passages what the beneficium actually was. 
It might be any kind of honour, or special exemp 
tion from service.* 

Beneficiarius is opposed by Festus 5 to muuifex, 
in the sense of one who is released from military 
service, as opposed to one who is bound to do mil- 
itary service. 

It appears that grants of land and other things 
made by the Roman emperors were called beneficia, 
and were entered in a book called Liber Benefici- 
orum* The secretary or clerk who kept this book 
was called a commentariis beneficiorum, as appears 
from an inscription in Gruter. 7 

*BER'BERI (pipdepi), according to Rondelet, the 
Concha margaritifera, or Mother of Pearl, meaning, 
as Adams supposes, the Avicula margafitifera of later 
naturalists. 8 Eustathius makes it an Indian name. 
It appears to be connected in some way with the 
commerce of the Eastern region, or seacoast, term- 
ed Barbaria. 9 

*BERRIKOK'EA (pepUoicKa), a synonyme of the 
Malum Armeniacum, or Apricot. 

*BERYLLUS (/^pi^Aof), the Beryl, a precious 
stone, forming a sub-species of emerald. The Ro- 
mans would appear to have been in the habit of 
studding their cups with beryls, and hence Juvenal 
says, "et incequales beryllo Vitro tenet phialas." 19 
The affinity between the beryl and the emerald was 
not unknown to the ancients, and hence Pliny re- 
marks, " Beryls appear to many to have the same, 
or, at least, a like nature with emeralds." 11 Ac- 
cording to this writer, they came from India, anc 
were rarely found in other countries. At the prea • 
ent day, however, the finest beryls are obtained 
from Dauria, on the frontiers of China. They occur, 
also, in the Uralian Mountains, and other parts of 
Siberia, in France, Saxony, the United States, and 
Brazil, especially the latter. 12 The normal type of 
the Beryl, as of the emerald, is the hexaedral prism, 
more or less modified ; the pointing, however, is 
not always complete. 13 Pliny seems to regard this 
crystalline form of the stone as the result of the 
lapidary's art ; he adds, however, that some sup- 
pose the Beryl to be naturally of that shape. The 
same writer enumerates eight different kinds : " The 
best w r ere those of a pure sea-green, our aqua ma- 
rina, or, as the French term it, Bcril aigue-marinc. 
The next in esteem were called Chrysoberyls, and 
are somewhat vaguely described as 'paullo pallidi- 
ores, sed in aureum color em excunte fulgore. 1 This 
was probably the yellow emerald, such as occurs in 
Auvergne, or at Haddam in Connecticut. The third 
was called Chrysoprase, and would seem to have 
been, in fact, as Pliny says some considered it, a 
mineral proprii generis, different from the Beryl. It 
resembled in colour the juice of 1 he leak, but with 
somewhat of a golden tinge, and hence its name. 
Although we are uncertain as to the mineral here 
described, yet it is not improbable that it was the 
same now called Chrysoprase, and to which Lei. 

1. (Ii., 4 ; exxx., 5.)— 2. (Bell. Civ., ii., 18.)— 3. (Bell. Civ 
i., 75.)— 4. (Bell. Civ., iii., 88— Suet., Tib., 12.)— 5. (s. v.)— h. 
(Hyginus, De Limitibus Const.it., p. 193, Goes.) — 7. (dlxxvih., 
1.) — 8. (Casaubon in Athen., p. 177. — Adams, Append., s. v.) — 
9. (Athensus, iii., p. 93, B.— Eustath. in II., 9, 402, p. 759, 50. 
— Vincent's Anc. Commerce, vol. ii., p. 123.) — 10. (Sat., v., 38.) 
—11. (H. N., xxxvii., 20.)— 12. (Cleave land's Mineralogy, voL 
i., p. 343.)- -13. (Fee in Pirn., 1. c.) 



BETTONICA. 



BIBASIS. 



man was the first m modern times who gave the an- 
cient name. The fourth variety of Beryl was of a 
colour approaching the hyacinth ; the fifth were 
termed airoides ; the sixth were of a wax, tne sev- 
enth of an olive colour. The last variety spoken 
of by Pliny resembled crystal, but contained hairy 
threads and impurities. These were probably such 
crystals of quartz as are often found, rendered part- 
ly opaque by chlorite, or penetrated by capillary 
crystals of epidote, actinolite, or other minerals. 
Pliny observes that the Indians stained rock-crystal 
in such a way as to counterfeit other gems, and es- 
pecially the Beryl." 1 

BESTIA'RII {&rjptofj.axot.) were persons who 
fought with wild beasts in the games of the circus. 
They were either persons who fought for the sake 
of pay (auctor amentum 2 ), and who were allowed 
arms, or they were criminals, who were usually 
permitted to have no means of defence against the 
wild beasts. 3 The bestiarii, who fought with the 
beasts for the sake of pay, and of whom there were 
great numbers in the latter days of the Republic 
and under the Empire, are always spoken of as dis- 
tinct from the gladiators, who fought with one an- 
other* It appears that there were schools in Rome, 
in which persons were trained to fight with wild 
beasts (schola bestiarum or bestiariorum*). 

*BETA (revr?.oc, -ov, -iov, -«c, or oevr'kov), the 
Beet, or Beta vulgaris. The Greeks distinguished 
two kinds of this vegetable by means of their col- 
our, namely, the Black and the White Beet, the lat- 
ter of which was also called the Sicilian. The 
white was preferred to the other. The Romans 
had also two kinds, in name at least, the vernal and 
autumnal, taking their names from the periods when 
they were sown. The largest beets were procured 
around Circeii. 6 

*BETTON'ICA and BRETTAN'ICA (Pbttovikt} 
and (3peT-aviKr/),3. species of plant, commonly called 
" the Betony." " It is almost incredible," observes 
Adams, " how much of confusion and mistake has 
arisen about these terms. With respect to the 
Betonica of Paul of yEgina, the most probable opin- 
ion i3 that held by Bauhin, namely, that it was ei- 
ther the Veronica officinalis, common male Speed- 
well, or the V. serpyllifolia, or smooth Speedwell. In 
Miller's Gardener's Dictionary, the former of these, 
and in the Northern Flora of Dr. Murray, 'the latter, 
gets the additional name of ' Paul's Betony.' The 
(Settovlktj, which was merely a synonyme of the 
niarpov, was most probably either the Betonica offi- 
cinalis, or, as Sprengel rather thinks, the B. alopec- 
uros. We now come to the Bper-aviKr/ of Dioscor- 
ides. This he describes as resembling wdd Dock 
(AaTTudo) aypio), but having a larger and rougher 
leaf. He ascribes to it, also, a styptic power, which 
rendered it well adapted for affections of the mouth 
and fauces. Paul of iEgina, in like manner, com- 
pares his fipe-TaviK-ri to the wild Dock, and com- 
mends it for the cure of mortifications of the mouth, 
oy which he no doubt means Scurvy. This is the 
plant upon the uses of which a small work was 
written by Antonius Musa, physician to Augustus. 
This Libellus was published at Zurich, A.D. 1537, 
with notes by Humelbergius. It is a tract, how- 
ever, of little value, either in a philological or scien- 
tific point of view ; and, indeed, there is much reas \n 
to doubt the genuineness of the work which we 
possess. Munting, in a very learned work, ' De Vera 
Antiquorum Herba Briltanica,^ gives an interesting 
exposition of the opinions entertained by modern 

1. (Moore's Anc. Mineral., p. 151.) — 2. (Compare Manil., iv., 
255.)— 3. (Cic, Pro Sextio, 64.— Sen., De Belief., ii., 19.— lb., 
Epist., 70.— Tertull., Apol., 9.)— 4. (Cic. in Vatm., 17.— Ad 
yuint Fr., ii., 6, I) 5.)— 5. (Tertull., Apol., 35.)— 6. (Plin., H. 
N.. xix.. 8.) 



authorities on Bctany respecting this herb. lie 
shows that it has been referred tc the Cochlea-no, 
Anagallis, Consoliia, Veronica, Prunella, &c. The 
most probable opinion, however, he thinks, is thai 
it was some species of Dock or Rumex. Sprengel. 
too, inclines to the same opinion, that it was eithei 
the Rumex hydrolapathum or Aquaticus, L. In con- 
firmation of this view of the matter, it may be prop- 
er to mention that the Brettanica is noticed under 
the name of the black Dock' by Aetius." Another 
form of the ancient name is Vettonica, derived, ac 
cording to Pliny, from the circumstance of the Vet- 
tones in Spain having discovered this herb. Its 
uses and virtue in medicine were almost countless, 
so that a proverb has arisen among the Italians re- 
specting it : " aver piit virtu che la bettonica,^ " to 
possess more virtue than the bettonica." 1 

*BH / XION (Ptxt-ov), a plant, which Woodville, 
Sprengel, Dierbach, and nearly all the commenta- 
tors agree is the Tussilago farfara, or Colt's-foot 
Galen says it derived its name from its being be 
lieved to possess the property of aiding coughs and 
difficulty of breathing {(3tj%, -rjxoc, being the Greek 
term for a cough 2 ). A patent medicine, prepared 
from the Colt's-foot, is, according to Adams, much 
cried up in England at the present day as a cure 
for coughs. 3 

BIAI'QN AIKH (piaiav dint)). This action might 
be brought whenever rapes of free persons, or the 
illegal and forcible seizure of property of any kind, 
were the subject of accusation ; and we learn from 
Demosthenes* that it came under the jurisdiction of 
the Forty. According to Plutarch, 5 the law prescri- 
bed that ravishers should pay a fine of 100 drachmae ; 
but other accounts merely state generally that the 
convict was mulcted in a sum equal to twice that 
at which the damages were laid [8nc7Jrjv ttjv fiMftqv 
b^elXetv 6 ) ; and the plaintiff in such case received 
one half of the fine, and the state, a3 a party medi- 
ately injured, the other. To reconcile these ac- 
counts, Meier 7 supposes the rape to have been 
estimated by law at 100 drachmas, and that the 
plaintiff fixed the damages in reference to other in- 
juries simultaneous with, or consequent upon, the 
perpetration of the main offence. With respect to 
aggressions upon property, the action ftiaiuv is to 
be distinguished from egovXnc, in that the former 
implies the employment of actual violence, the lat- 
ter merely such detention of property as amounted 
to violence in the contemplation of law, 9 as, for in- 
stance, the non-payment of damages and the like, 
to the successful litigant after an aw r ard in his fa- 
vour by a court of justice. 9 

BIB'ASIS (fiiOaoLc) was a kind of gymnastic 
dance, much practised among the Spartans, by both 
men and women. The dance consisted in spring- 
ing rapidly from the ground, and striking the feet 
behind; a feat of which a Spartan woman in Aris- 
tophanes 10 prides herself. The number of success- 
ful strokes was counted, and the most skilful re- 
ceived prizes. We are told by a verse which has 
been preserved by Pollux, 11 that a Laconian girl 
had danced the bibasis a thousand times, which 
was more than had ever been done before. 13 The 
bibasis appears to have been nearly the same as the 
padaTTvyi&iv, which Pollux 13 explains by aijiC) r£ 
nodi tov yXovrov iraleiv, on the meaning of which 
see Hesychius. 1 * 

1. (Dioscor., iv., 1. — Paul. iEs-in., ii., 3. — Adams, Append., s 
v.) — 2. ((Ifixiov uvdfiaarai ph o'vrws a~b tov nciri'jTEVoOai firjxfc 
te Kal dpdoTzvoias w0e>£7v.) — 3. (Dioscor., iii., 116. — Adams, Ap- 
pend., s. v.) — 4. (c. Pantaen., 976, 11.— Compare Harpocrat., s. 
v.)— 5. (Solon, 23.)— 6. (Lys.,De Caede Eratosth., 33.— Demosth., 
c. Mid., 528, 20.)— 7. (Att. Process, p. 545.)— 8. (Meier, Att 
Process, p. 546.)— 9. (Demosth., c. Mid., 540, 24.)— 10. (Lysistr., 
28.)— 11. (iv., 102.)— 12. (Muller, Dorians, iv., 6, <) 8, p. 351, 
352, transl.)— 13. (ix., 126.)— 14. (s. v.— Schol. in Ar.stoph., 
Equit.. 793.— Eustath. in II. p. 861 : in Od., p. 1818.) 

157 



BIBL10THECA. 



BIBLIOTHECA. 



BIBLIOPO'LA, a bookseller, 1 PlSIiokMw,* also 
failed librarius, 3 in Greek also (3i6Muv kutcvIoc, 
or j3 16X10 aaTrnXoc* The shop was called apoth- 
:cu (imodfjur)), or taberna libraria, 6 or merely libra- 
rian The Romans had their Paternoster Row ; for 
the bibliopolae or librarii lived mostly in one street, 
called Argiletum, to which Martial alludes 7 when 
addressing his book on the prospect of the criticism 
■t would meet with : 

" Argiletanas mavis habitare tabernas, 
Quum tibi, parve liber, scrinia nostra vacant." 

Another favourite quarter of the booksellers was 
the Vicus Sandalarius. 8 There seems also to have 
been a sort of bookstalls by the temples of Vertum- 
nus and Janus, as we gather from Horace's address 
to his book of Epistles : 9 

" Vertumnum Janumque, liber, spectare videris." 

Again, Horace 10 prides himself on his books not 
being to be seen at the common shops and stalls, to 
he thumbed over by every passer-by : 

" Nulla taberna meos habeat, neque pila libellos ; 
Qaeis manusinsudet vulgi, Hermogenisque Tigelli." 

Booksellers were not found at Rome only, though 
they were, of course, rare in smaller cities. Pliny 11 
says he had not supposed that there were any book- 
sellers at Lugdunum, but finds that there were, and 
that they even had his works on sale. Martial, in 
an amusing epigram, 13 tells a person called Quintus, 
who had asked him by a broad hint to give him a 
copy of his works, that he could get one at Try- 
phon's, the bookseller : 

" Exigis ut donem nostros tibi, Quintc, libellos , 
Non habeo, sed habet bibliopola Trypkon." 

The booksellers not only sold books ; they tran- 
scribed them also, and employed persons for the 
purpose ; but they did not consider themselves an- 
swerable always for the correctness of the copy. 13 
Sometimes the author revised it to oblige a friend 
who might have bought it. 1 * 

On the shop-door or the pillar, as the case might 
be, there was a list of the titles of books on sale ; 
allusion is made to this by Martial 15 and by Hor- 



ace 



16 



The remuneration of authors must have been 
very small, if we are to judge from the allusions of 
Martial, who says, for example, that a nice copy of 
his first book of Epigrams might be had for five 
denarii. 17 Pliny the elder, however, when in Spain, 
was offered as much as four hundred thousand ses- 
terces for his Commentarii Electorum 18 

Books then, as now, often found their way into 
other shops besides book-shops, as waste paper ; and 
schoolboys had frequently to go, for example, to the 
fishmonger's to see if he had the book they want- 
ed. 19 Mice, moths, beetles, and so forth, found 
plenty of food in musty unused books. 20 

BIBLIOTHE'CA {(3i.6Xwdf/K7i, or amdr/tcn 816- 
Xlov), primarily, the place where a collection of 
books was kept ; secondarily, the collection itself. 21 
Little as the states of antiquity dealt with the in- 
struction of the people, public collections of books 
appear to have been very ancient. That of Pisis- 
tratus was intended for public use ; 22 it was subse- 
quently removed to Persia by Xerxes. About the 
same time, Polycrates, tyrant of Samos, is said to 



\ 



1. (Martial, Ep., iv., 71 ; xiii., 3.)— 2. (Pollux, Onom., xiii., 
S3.)— 3. (Cic, De Leg., ii., 20.) — 4. (Lucian, adv. Indoct., 24.) 
—5. (Cic, Phil., ii., 9.)— 6. (Aul. Gell., v., 4.)— 7. (Ep.. i.. 4.) 
—8. (Aul. Gell., xviii., 4.— Galen, De Lib. su., iv., p. 361.)— 9. 
(Ep. I., xx., 1.)— 10. (Sat., I., iv., 71.)— 11. (Ep., ix., 11.)— 12. 
(iv., 72.)— 13. (Mart., ii., 8.)— 14. (Mart., vii., 11, 16.)— 15. (i., 
118.)— 16. (Ep. ad Pis., 372.— Sat.. I., iv., 71.)— 17. (Compare 
i., 67 ; xiii., 3.)— 18. (Plin., Epist., iii., 5.)— 19. (Mart., vi., 60, 
7.)— 20. (Vid. Juv., Sat., iii., 207.— Mart., iii., 2; xiii., 1.)— 21. 
(Festus, s. v.)— 22. (Aul. Gell., vi., 17.— Athen»U9, i., p. 3.) 

158 



have founded a library. In the best days of Athens, 
even private persons had large collections of books ; 
the most important of which we know anything be- 
longed to Euclid, Euripides, and Aristotle. 1 Strabo 
says 2 that Aristotle was the first who, to his knowl- 
edge, made a collection of books, and taught the 
Egyptian kings the arrangement of a library. The 
most important and splendid public library of an- 
tiquity was that founded by the Ptolemies at Alex- 
andra, begun under Ptolemy Soter, but increased 
and rearranged in an orderly and systematic man- 
ner by Ptolemy Philadelphus, who also appointed 
a fixed librarian, and otherwise provided for the 
usefulness of the institution. The library of the 
Ptolemies contained, according to Aulus Gellius, 3 
700,000 volumes ; according to Josephus, 500,000 •, 
and according to Seneca,* 400,000. The differ- 
ent reckoning of different authors may be in some 
measure, perhaps, reconciled by supposing that they 
give the number of books only in a part of the libra- 
ry ; for it consisted of two parts, one in the quarter 
of the city called Brucheion, the other in the part 
called Serapeion. Ptolemy Thiladelphus bought 
Aristotle's collection to add to *,he library, and Ptol- 
emy Euergetes continued to add to the stock. A 
great part of this splendid library was consumed by 
fire in the siege of Alexandrea by Julius Caesar : 
some writers say that the whole was burned ; but 
the discrepancy in the numbers stated above seems 
to confirm the opinion that the fire did not extend 
so far. At any rate, the library was soon restored, 
and continued in a flourishing condition till it was 
destroyed by the Arabs A.D. 640. 5 Connected 
with the greater division of the library, in the quar- 
ter of Alexandrea called Brucheion, was a sort of 
college, to which the name of Mouseion (or Museum) 
was given. Here many favoured literati pursued 
their studies, transcribed books, and so forth ; lec- 
tures also were delivered. ( Vid. Auditorium.) The 
Ptolemies were not long without a rival in zeal. 
Eumenes, king of Pergamus, became a patron of 
literature and the sciences, and established a libra- 
ry, which, in spite of the prohibition against ex- 
porting papyrus issued by Ptolemy, who was jealous 
of his success, became very extensive, and perhaps 
next in importance to the library of Alexandrea. 
It remained, and probably continued to increase, till 
Antonius made it a present to Cleopatra. 6 

The first public library in Rome w T as that founded 
by Asinius Pollio, 7 and was in the atrium Liberta- 
tis (vid. Atrium) on Mount Aventine. 8 Julius Cae- 
sar had projected a Greek and Latin library, and 
had commissioned Varro to take measures for the 
establishment of it ; but the scheme was prevented 
by his death. 9 The library of Pollio was followed 
by that of Augustus, in the Temple of Apollo on 
Mount Palatine, 10 and another, bibliothecae Octavi 
anae (so called from Augustus's sister Octavia), in 
the theatre of Marcellus. 11 There were also libra- 
ries on the Capitol, 12 in the Temple of Peace, 13 in 
the palace of Tiberius, 14 besides the Ulpian library, 
■which was the most famous, founded by Tiajan, 18 
called Ulpian from his own name, Ulpius. This 
library was attached by Diocletian as an ornament 
to his thermae. 16 

Private collections of books were made at Rome 
soon after the second Punic war. The ;• eal of Ci- 
cero, Atticus, and others in increasing their libra- 
ries is well known. 17 It became, in fact, the fashion 

1. (Athen., i., c. 2.)— 2. (xiii., 1.)— 3. (vi., 17.)— 4. (De Tranq. 
An., c. 9.)— 5. (Vid. Gibbon, c. 51.)— 6. (Plut., Anton.)— 7. 
(Plin., H. N., vii., 30.— Isid., Orig., vi., 5, 1.)— 8 . (Ovid, Trist., 
III., i., 71.— Martial, xii., 3, 5.) — 9. (Suet., Jul., 44.)— 10. 
(Suet., Octav., 29. — Dion, lxiii., 1.) — 11. (??Jt., Marcell.— 
Ovid, Trist., III., i. 60, 69.)— 12. (Suet., Don: .20.)— 13 (Aul. 
Gell., xvi., 18.)— 14. (Aul. Gell., xiii., 18.)— 15. (Aul. GeJ2,xi., 
17.— Dion, lxviii., 16.)— 16. (Vopisc, Prob., J.)— 17. (Ck., ad 
Att., i., 7, 10; iv., 5; ad Quint. Fratr., iii.) 






BIDENTAL. 



BIPALIUM. 



•o have a room elegantly furnished as a library, and 
reserved for that purpose. 1 However ignorant or 
unstudious a person might be, it was fashionable to 
appear learned by having a library, though he might 
never even read the titles of the books. Seneca 3 
condemns the rage for mere book-collecting, and 
rallies those who were more pleased with the out- 
side than the inside. Lucian wrote a separate 
piece to expose this common folly (npbg d-rraidevrov 
nal 7roXXa (3t6?i,ia uvoxifievov). 

A library generally had an eastern aspect : " Usus 
inim matt.cinuri postulat lumen : item in bibliothecis 
libri non -putrescent" 3 

In Herculaneum a library fully furnished was dis- 
covered. Round the walls it had cases containing 
the books in rolls {vid. Liber) ; these cases were 
numbered. It was a very small room ; so small 
that a person, by stretching out his arms, could touch 
both sides of it. The cases were called either ar- 
maria,* or loculamenta, 5 or foruli, 6 or nidi. 7 Asin- 
ius Pollio had set the fashion in his public library 
of adorning the room with the portraits and busts 
of celebrated men, as well as statues of Minerva 
and the Muses. This example was soon followed 
in the private libraries of the rich. 8 Martial 9 sends 
to his brother Turanius a copy of some verses, 
which he sent with a bust of himself to Avitus, who 
wished to have a bust of Martial in his library. So, 
in the library which Hadrian founded at Athens, 
there were oiKijuara dyaAuacrt KEKoaunfieva nal ypa- 
<balc- KaraKUTat de eg avrd (3t62.ia. 10 The charge of 
the libraries in Rome was given to persons called 
librarii. (Vid. Ltbrarius.) 

Bl'KOS ((3ikoc), the name of an earthen vessel in 
common use among the Greeks. 11 Hesychius 12 de- 
fines it as a cTu.fj.vog with handles. It was used for 
holding wine, 13 and salted meat and fish. 1 * Herod- 
otus"- 5 speaks of (3tKovg (potvinrjiovg Kardyovai oivov 
«r/Uoff, Trricn some commentators interpret by 
"vessels matie of the wood of the palm-tree full of 
wins." But as Eustathius 16 speaks of olvov §olvikL- 
vov plAoc, we ought probably to read in Herodotus (31- 
kovc (f>oivLKniov, k. t. X., " vessels full of palm wine." 

BIDENS. (Vid. Rastrum.) 

BIDENTAL, the name given to a place where 
any one had been struck by lightning (fulguritus 17 ), 
or where any one had been killed by lightning and 
buried. Such a place was considered sacred. 
Priests, who were called bidentales (i. e., sacer dotes), 
collected the earth which had been torn up by the 
lightning, and everything that had been scorched, 
and burned it in the ground with a sorrowful mur- 
mur. 19 The officiating priest was said condere ful- 
gur ; 19 he farther consecrated the spot by sacrifi- 
cing a two-year-old sheep (bidens), whence the name 
of the place and of the priest, and also erected an 
altar, and surrounded it with a wall or fence. It 
was not allowable to tread on the place, 30 or to 
touch it, or even to look at it. 21 Sometimes a bi- 
dental which had nearly fallen to decay from length 
of time, was restored and renovated ; 33 but to re- 
move the bounds of one (movere bidental), or in any 
way to violate its sacred precincts, was considered 
as sacrilege. 23 From the passage in Horace, it ap- 

1. (Becker, GalLus, i., 160.)— 2. (De Tranq. An., 9.)— 3. (Vi- 
trav., vi., 7.)— 4. (Plin., Ep., ii., 17.— Vopisc, Tacit., 8.)— 5. 
(Seneca, De Tranq. An., 9.)— 6- (Juv., Sat.,iii., 219.)— 7. (Mart., 
i., 118, 15; vii., 17, 5.)— 8. (Juv., Sat., ii., 7; iii., 219.— Plin., 
Ep., iii., 7; iv., 28.— Cic, ad Fam., vii., 23.— Plin., H. N., 
xxxv., 2.— Suet., Tib., 70. — Mart., ix., Ep. ad Turan.) — 9. 
(Ep.,ix., 10—10. (Pans., i., 18, t, 9.)— 11. (Pollux, Onorn., vi., 
14; vii., 162; x., 73.)— 12. (s. v.)— 13. (Xen., Anab., i., 9, $ 
25.)— 14 (Athe^-rus, iii.,p. 116,F.)— 15. (i., 194.)— 16. (in Od., 
p. 1445.)— 17. (Festus, s. v.)— 18. (Lucan, i., 606.)— 19. (Juv.. 
Sat., vi., 587.— Compare Orelli, Inscr. Lat., i., p. 431, No. 2482.) 
—SO. (Persius, Sat., ii., 27.)— 21. (Ainm. Marcell., xxiii., 5.)— 
32. (Orelii, Itisct Lat., i., p. 431, No. 2483.)— 23. (Hor., Ep. ad 
Pi.., 471.) v , h 



pears to have been believed, that a person who was 
guilty of profaning a bidental would be punished by 
the gods with phrensy ; and Seneca 1 mentions an- 
other belief of a similar kind, that wine which had 
been struck by lightning would produce in any one 
who drank it death or madness. Persons who had 
been struck by lightning (fulguriti) were not re- 
moved, but were buried on the spot. 8 

BIDLEI (fitdiatoi), called in inscriptions fiideoi or 
(3idvoi, were magistrates in Sparta, whose business 
was to inspect the gymnastic exercises. Their 
house of meeting (dpxetov) was in the market- 
place. 3 They were either five* or six in number, 6 
and had a president, who is called in inscriptions 
irpEoSvc (3ideuv. 6 Bockh conjectures that (3ideoi or 
j3l6vol is the Laconian form for Idvot or Fidvoi, and 
signifies witnesses and judges among the youth. 7 

Vdkenaer 8 supposes that the bidiaei were the 
same as the vofio<f>vlaKec, and that we ought to read 
in Pausanias, 9 nal vofioQvldicov KaXovuevov (3i6ial- 
uv, instead of nal vouodvhuKuv nal KaTiovfiEvov (3c- 
dca'cuv : but the inscriptions given by Bockh show 
that the bidiaei and vonofyvlaneg were two separate 
classes of officers. 

BIGA or BIGyE, in Greek ovvupla or cvvupig 
(bijuge curriculum 10 ), a vehicle drawn by two horses 
or other animals. This kind of turn-out is said by 
Pliny (bigas primum Phrygum junxit natio 11 ) to have 
been invented by the Phrygians. It is one of the 
most ancient kinds, and in Homer by far the most 
common (dl^vyot cimoc 1 *). Four-horse chariots are 
also mentioned. 13 Pliny 14 mentions a chariot drawn 
by six horses. This was the largest number usual 
under the emperors ; 15 but Suetonius speaks of one 
which Nero drove at the Olympic games, drawn by 
ten horses. 16 The name biga was applied more to 
a chariot used in the circus, or in processions or tri- 
umphs, and on other public occasions, than to the 
common vehicles of every-day life. 17 The form of 
the biga resembled that of the Greek up/za or dfypog, 
being a rather short carriage on two wheels, open 
above and behind, upon which the driver usually 
stood to guide the horses. See the cut in the next 
article. (Vid. Bigatus.) 

BIGATUS (i. e., nummus), a silver denarius, on 
which the representation of a biga was stamped. 18 
This was an ancient stamp on Roman money, as 
we learn incidentally from Tacitus, who says 19 that 
the Germans, although mostly practising barter, 
still had no objection to old and well-known coins 
(pecuniam veterem et diu notam), such as bigati. 
Bigati were also called argentum bigatum.™ The 
value was different at different times. (Vid. Dena- 
rius.) A denarius, on which the representation of 
a quadriga was stamped, was in the same manner 
called Quadrigatus. The annexed cuts, represent- 
ing a bigatus and quadrigatus, are taken from coins 
in the British Museum. 





BIPA'LIUM. (Vid. Pa la.) 



1. (Nat. Qu-^st., ii., 53.)— 2. (Pers., Sat., ii., 27.— Plin., II. N., 
xi., 54.)— 3. (Paus., iii., 11, $ 2.)— 4. (Paus., 1. c.)— 5. (Bockh, 
Corp. Inscrip., No. 1271, 1364.) — 6. (Bockh, Corp. Inscrip., p. 
611.)— 7. (Compare MCiller, Dorians, iii., 7, $ 8, p. 132, 133, 
transl.)— 8. (in Herod., vi., 57.)— 9. (1. c.)— 10. (Suet., Calir., 
c. 19.)— 11. (vii., 56.)— 12. (II., v., 195.)— 13. (Compare II., vni . 
185.— Od., xiii.,81— Virg., Georg., iii., 18.)— 14. (H. N., xxxiv., 
5.)— 15. (Isidor., Orig., xviii., 36.)— 16. (Ner., c. 24.) — 17 
(Compare Suet., Tib., c. 26.— Domit., c. 4.)— 18. (Plin., H. N., 
xxxiii.,3. — Liv., xxiii., 15 ; xxxvi., 40.)— 19. (Germ C. 5.)- 10 
(Liv., xxxiii., 23, 27 ; xxxiv., 46 ; xxxvi., 21 ) 

150 



BISUA 



BITUMEN. 



BIPENNIS. (Vid. Securis.) 

BIRE'MIS was used in two significations. I. It 
signified a ship with two banks of oars, an explana- 
tion of the construction of which is given in the ar- 
ticle Nahs. Such ships were called SiKpora by the 
Greeks, which term is also used by Cicero (Ipse 
Domilius dona plane habet dicrota 1 ) and Hirtius 
(Capit ex eo prce.Uo penlerem unam, triremes duas, di- 
croias octo 2 ). II. It signified a boat rowed by two 
oars, 3 in which sense it must be used by Horace 
when he says : 

" Tunc me, liremis prcesidio scaphce, 
Tutum per fflgeos tumvltus 

Auraferet, geminusque Pollux.' 1 ''* 

BIRRHUS (filppoc, Prjpoc), a cape or hood, which 
was worn out of doors over the shoulders, and was 
sometimes elevated so as to cover the head. On 
the former account it is classed by an ancient gram- 
marian with the lacerna, and on the latter with the 
cowl, or cucullus} It had a long nap (amphiballus, 
i. e., amphimallus, villosus 6 ), which was commonly 
of sheep's wo61, more rarely of beaver's wool (bir- 
rhus castor ens 1 ). In consequence of its thickness, it 
was also rather stiff (byrrhum rigentem*). Accord- 
ing to the materials of which it was made, it might 
be either dear, 9 or so cheap as to be purchased by 
the common people. 

These garments, as well as lacernse, were woven 
at Canusium in Apulia ; and probably their name 
(hyrrhus, i. e., ixvppoc) was derived from the red col- 
our of the wool for which that district was cele- 
brated. They were also made in different parts of 
Gaul, especially among the Atrebates. 10 Soon af- 
terward they came into general use, so that the 
birrhus is mentioned in the edict of Diocletian, pub- 
lished A.D. 303, for the purpose of fixing a maxi- 
mum of prices for all the articles which were most 
commonly used throughout the Roman empire. 

*BISON (fliauv), "the rame of a sub-genus of 
the genus bos (' ox'), comprehending two living spe- 
cies, one of them the European, now become very 
scarce, and verging towards extinction ; the other 
the American, and, notwithstanding the advances of 
man, still multitudinous. A good deal of conflicting 
opinion has thrown some obscurity over the Euro- 
pean species. Pennant, in his ' British Zoology,' 
after stating his belief that the ancient wild cattle 
of Britain were the Bisontes jubati of Pliny, thus 
continues : ' The Urus of the Hercynian forest, de- 
scribed by Caesar, was of this kind, the same which 
is called by the modern Germans Aurochs, i. e., Bos 
sylvestris.'' This opinion is not correct. Though 
there are parts of Caesar's description applicable to 
the European Bison, there is one striking character- 
istic which forbids us to conclude that Caesar's Urus 
was identical with it. A glance at the European Bi- 
son will convince us that it could never have afforded 
the horns whose amplitude Caesar celebrates. In 
the Archceologia (vol. hi., p. 15) it is stated, that the 
Borstal horn is supposed to have belonged to the 
bison or buffalo. That it might have belonged to a 
buffalo is not impossible ; but that it did not belong 
to a bison is sufficiently clear, from the following de- 
scription : * It is two feet four inches long on the 
convex bend, and twenty three inches on the con- 
cave. The inside at the large end is three inches 
diameter, being perforated there so as to leave the 
thickness of only half an inch for about three inches 
deep ; but farther on it is thicker, being not so much 

1. (Ad At*., xvi , 4, HO— 2. (Bell. Alex., c. 47.)— 3. (Lucan, 
▼iti., 562 ; x., 56.)— 4. (Od., iii., xxix., 62.— Scheffer, De Mili- 
ti* Navali, ii., c 2, p. 68.)— 5. (Schol. in Juv., viii., 145. — 
S^hol in Pers., i., 54.) — 6. (Papias, &c, ap. Adelung, Glossar. 
Mar.dtlf , vol. i.. p. 220, 693.)— 7. (Claudian, Epigr., 37.)— 8. 
(Snip. S*?v., Dial., 14.) — 9. (Claudian, 1. c. — " pretiosum :" Au- 
ffusr.i;)., Serni.)— 10. (Vopisc, Car., c. 20.) 
160 



or so neatly perforated.' Such a horn imght indeea 
have crowned the head of Caesar's Urus, a species 
which Cuvier believes to be extinct. Caesar's Urus, 
then, was not, as it would appear, the European Bi- 
son. There can be little doubt that the Bison ju- 
batus of Pliny, 1 which he seems to distinguish from 
the Urus, was the European Bison, or Aurochs ; and 
though, in the fifteenth chapter of the eighth book, 
he mentions the tradition of a wild beast in Paeonia, 
called a Bonasus, after he has dismissed his Bi- 
sontes jubati, and with every appearance of a con 
elusion on his part that the Bonasus and Bison 
were not identical, his own description, when com- 
pared with that of Aristotle, 3 will leave little doubt 
that the Bison jubatus and Bonasus of Pliny and 
others, the Bovaaaoc or Bovaaoc of Aristotle (for the 
word is written both ways), and the Bioruv of Op- 
pian, were no other than the European Bison, the 
Aurochs (Auerochs) of the Prussians, the Zubr of 
the Poles, the Taurus Pceonius, &c, of Jonston and 
others, V Aurochs and le Bonasus of Buffon, Bos 
Urus of Boddaert, and Bos Bonasus of Linnaeus. Cu- 
vier considers it as certain, that the European Bi- 
son, the largest, or, at least, the most massive of all 
existing quadrupeds after the rhinoceros, an animal 
still to be found in some of the Lithuanian forests, 
and perhaps in those of Moldavia, Wallachia, and 
the neighbourhood of the Caucasus, is a distinct 
species, which man has never subdued. Following 
out this subject with his usual industry and ability, 
that great naturalist goes on to state, that if Europe 
possessed a Urus, a Thur of the Poles, different 
from the Bison or the Aurochs of the Germans, it is 
only in its remains that the species can be traced ; 
such remains are found, in the skulls of a species of 
ox, different from the Aurochs, in the superficial 
beds of certain districts. This, Cuvier thinks, must 
be the Urus of the ancients, the original of our do- 
mestic Ox ; the stock, perhaps, whence our wild cat- 
tle descended ; while the Aurochs of the present day 
is nothing more than the Bison or Bonasus of the 
ancients, a species which has never been brought 
under the yoke. — The elevated ridge of the spine 
on the shoulders, long legs, a woolly fur, and the 
residence in mountain forests, cause the Bison to 
approach nearer the Damaline and Catoblepine gen- 
era than the Buffaloes." 3 For some remarks on 
the knowledge possessed by the ancients of the lat- 
ter, consult article Bubalis. 

BISSEXTUM. (Vid. Calendar, Roman.) 
BISSEXTUS, or BISSEXTILIS ANNUS. ( Vtd. 
Calendar, Roman.) 

*BIT'UMEN, a Latin word used by Tacitus, 
Pliny, and other Roman writers, to indicate a spe- 
cies of mineral pitch or oil. The term appears to 
have some analogy with the Greek irioaa, niTTa, 
" pitch," its earlier form having probably been " pit- 
umen. n The corresponding Greek word is uofyalroc 
(in modern Latin asphaltum), for which no satisfac- 
tory derivation has been assigned. The most ap- 
proved kind of Bitumen was the Jewish, from Lake 
Asphaltites (Dead Sea) ; but Bitumen in various 
states, from that of fluid transparent naphtha, to 
that of dry, solid, black asphaltum, was well known 
and much used among the ancients. They appear 
to have employed both Maltha and melted Asphal- 
tum as a cement in the construction of buildings, 
&c. Thus the bricks of which the walls of Baby- 
lon were constructed were cemented by a bitumen, 
which was found abundantly in that vicinity on 
springs, or floating on the river Is, which fell into 
the Euphrates. Asphaltum or Maltha, either pure 
or mixed with a liquid extracted from the cedar 
was employed by the Egyptians in embalming dead 

1. (H. N., viii., 15 ; xxviii., 10.)— 2. (H. A.., ii., 2.)— 3. (Pen- 
ny Cyclopaed., iv., p. 461.) 






BLATTA. 



BCEOTARCH. 



bodies. 1 In Syria, Asphaltum was dug from quar- 
ries in a solid state * In Zante (the ancient Zacyn- 
tiius) tlere is a pitch spring, which we know to 
have been at work for above 2000 years. 3 At Ag- 
ngentum, in Sicily, a species of liquid bitumen was 
burned i* lamps as a substitute for oil.* The prin- 
cipal ing idient in the celebrated Greek fire is sup- 
posed by Klaproth to have been some variety of 
Asphalturn. — Bitumen is now employed as a generic 
term, comprehending several inflammable bodies of 
different degrees of consistency, namely, Naphtha, 
Petroleum, Mineral Tar, Mineral Pitch, and Asphal- 
tum. From the description of ua^aXrog given by 
Dioscorides, it would appear that he applied the 
term not only to the Bitumen solidum, or Asphaltum, 
of Wallerus, but likewise to the more liquid sorts of 
bitumen. 5 

BAABH2 AIKH (/?Aa% 6Urj). This action was 
available in all cases in which one person had sus- 
tained a loss by the conduct of another ; and from 
the instances that are extant, it seems that wheth- 
er the injury originated in a fault of omiss'on or 
commission, or impaired the actual fortune cf the 
plaintiff or his prospective advantage, the action 
would lie, and might be maintained, against the de- 
fendant. It is, of course, impossible to enumerate 
ill the particular cases upon which it would arise, 
out the two great classes into which (3Xd6ac may be 
divided are the hdeapoi and the adeopoi. The first 
of these will include all causes arising from the non- 
fulfilment of a contract to which a penal bond was 
annexed, and those in which the law specified the 
penalty to be paid by the defendant upon conviction ; 
the second, all injuries of property which the law 
did not specify nominatim, but generally directed to 
he punished by a fine equal to twice the estimated 
damage if the offence was intentional, if otherwise 
by a bare compensation. 6 Besides the general 
tford j3M6nc, others more specific, as to the nature 
of the case, are frequently added to the names of 
actions of this kind, as avdpaTrodtov, rerpaKoduv, //£- 
TaXkiKr}, and the like. The declaration of the plain- 
tiff seems always to have begun with the words 
'E6Xave fxe, then came the name of the defendant, 
and next a description of the injury, as ovk tnrodt- 
dovc kfiol to dpyvpiov in Demosthenes. 7 The prop- 
er court was determined by the subject of litiga- 
tion ; and when we consider that the damage done 
by Philocleon to the cake-woman's basket, 8 and 
supposititious testimony given in the name of anoth- 
er, thereby rendering such person liable to an ac- 
tion, ipevdopapTvpicJv, 9 were equally j3Xu6ai at Attic 
law, the variety of the actions, and, consequently, 
of the jurisdictions under which they fell, will be a 
sufficient excuse for the absence of farther specifi- 
cation upon this point. 

*BLATTA (aiXtin), a name given by the Latin 
writers to an insect of the family of the Orthoptera, 
and of which they were acquainted with several 
kinds. From their shunning the light, Virgil 10 has 
given them the epithet of hucxfuga. Our cockroach 
belongs to the Blattae, being the Blatta Americana. 
Pliny' 1 mentions several medical applications of 
Blattas, after having been either triturated or boiled 
in oil. They were found serviceable in complaints 
of the ear, in cases of leprosy, and in removing 
warts. Schneider supposes the oiX<j>n of Lucia n to 
belong to the class Lepisma, L. The ollty-n of Di- 
oscorides would seem to be the Blatta Orientalist 2 



1. (Cleaveland's Mineralogy, vol. ii., p. 491.) — 2. (Vitmv., 
viii., 3-S.)— 3. (Herod., iv., 195.)— 4. (Dioscor., i., 99.)— 5. (Ad- 
ams, Append., s. v. aa<pa\ros.)— 6. (Meier, Att. Process, p. 188, 
»eqq. ; 475, seqq. — Demosth., c. Mid., 523.) —7. (Pro Phorm., 
D50, 21.) —8. (Aristoph., Vesp.)— 9. (Demosth., c. Aphob., iii., 
849 20.)— 10. (Georg., iv.,243.)— 11. (xxii., 39.)— 12. (Dioscor., 
M. M. ii., 38.— Lucian, adv. Indoct., 18.— Adams, Apixmd., s. v. 



♦BLENNUS {p-kewoc), called by Pliny Blenmua, 
the Blenny or Butterfly-fish {Blennius ocularis, L.}1 
It is about seven inches long, and has a slimy mu- 
cus smeared over the skin, to which it owes its 
name, from the Greek filevva, " mucus," " slime." 
Athenaeus says it resembles the Gudgeon. Several 
of the Blenny kind are viviparous. 1 

*BLETON, BLITON, or BLITION ((SXri-ov, (3Xi- 
tov, pXirtov), the herb Blite or Blites, a kind of beet. 
Stackhouse and Dierbach agree with the older com- 
mentators, that it is the Amaranthus Blitum ; and 
Sprengel inclines to this opinion in his notes to Di- 
oscorides, although in his History of Medicine he 
had set it down as the Blitum capdatum* The in- 
sipidity of the Blitum gave rise to an adage directed 
against the feeble in intellect, or the tame and spir- 
itless in disposition. 

*BOA. (Vid. Draco.) 

BOEDROM'IA (Bondpofica, rj and rd) : a festival 
celebrated at Athens on the seventh day of the 
month of Boedromion, in honour of Apollo Boedro- 
mius. 3 The name Boedromius, by which Apollo 
was called in Bceotia and many other parts of 
Greece, 4 seems to indicate that by this festival he 
was honoured as a martial god, who, either by his 
actual presence or by his oracles, afforded assist- 
ance in the dangers of war. The origin of the fes- 
tival is, however, traced by different authors to dif- 
ferent events in Grecian story. Plutarch 5 says that 
Theseus, in his war against the Amazons, did not 
give battle till after he had offered a sacrifice to 
Phobos ; and that, in commemoration of the suc- 
cessful battle which took place in the month of Bo- 
edromion, the Athenians, down to his own time, 
continued to celebrate the festival of the Boedromia. 
According to Suidas, the Etymol. Magn., and Eurip- 
ides, 6 the festival derived its name and origin from 
the circumstance that when, in the reign of Erech- 
theus, the Athenians were attacked by Eumolpus, 
Xuthus or (according to Philochorus in Harpocra- 
tion, s. v.) his son Ion came to their assistance, and 
procured them the victory. Respecting the partic- 
ulars of this festival, nothing is known except that 
sacrifices were offered to Artemis. 

BOEDROMION. (Vid. Calendar, Greek.) 

BOETHE'TICE. {Vid. Medicina.) 

BCEOTARCH (Boiordpxvc or Boturupxoc). The 
Boeotians in ancient times occupied Arne in Thes- 
saly. 7 Sixty years after the taking of Troy they 
were expelled by the Thessalians, and settled in 
the country then called Cadme'fs, but afterward Boe- 
otia. This country, during their occupation of it, 
was divided into several states, containing each a 
principal city, with its frvreleic or gvp/iopoL (inhab- 
itants of the same fiolpa or district) living around it. 
Of these greater states, with dependant territories, 
there seem to have been in former times fourteen, 
a number which frequently occurs in Boeotian le 
gends. 8 The names are differently given by differ- 
ent writers on the subject ; we know, however, for 
certain, that they formed a conspiracy called the 
Boeotian league, with Thebes at its head, the de- 
pendancies of which city formed about a third part 
of the whole of Bceotia. These dependant towns 
or districts were not immediately connected with 
the national confederacy, but with the neighbour- 
ing chief city, as Cynoscephalae was with Thebes. 
In fact, they were obliged to furnish troops and 
money, to make up the contingent furnished by the 
state to which they belonged, to the general con- 
federacy. 9 Of the independent states, Thucydides 1 * 

1. (Pliny, H. N., xxxii., 9. — Athenaeus, vii., c. 83. — Cuvier, 
An. King , vol. ii., p. 173.) — 2. (Theophrast., H. P., vii., 1.— 
Dioscor., -i., 143.) — 3. (Miiller, Dorians, ii., 8, <) 5.) — 4. (Paus., 
ii., 17, v 1 — Callim., Hymn. Apoll., 69.)— 5 (Thes., 27.) — 6. 
(Ion., 59.) —7. (Thucyd., i., 12.) — 8. (Paus., ix., 3, $ 4.) — 9 
(Arnold, Thucyd., iv., 76.)— 10. (iv., 93.) 

161 



BCEOTARCH. 



BOLBOI. 



mentions seven by name ; and gives us reasons for 
concluding that, in the time of the Peloponnesian 
war, they were ten or twelve in number, Thebes 
being the chief. Plataea had withdrawn from them, 
and placed itself under the protection of Athens as 
early as B.C. 519 ; and in B.C. 374, Thespiae, an- 
other member of the league, was destroyed by the 
Thebans. 1 

Each of the principal towns of Boeotia seems to 
have had its dfjfiog and (3ov2,t/. 2 The (Bovlrj was 
presided over by an archon, who probably had suc- 
ceeded to the priestly functions of the old kings, 
but possessed little, if any, executive authority. 
The polemarchs, who, in treaties and agreements, 
arc mentioned next to the archon, had some exec- 
utive authority, but did not command forces ; e. g., 
they could imprison, 3 and they directed the levies 
of troops. But, besides the archon of each separate 
state, there was an archon of the confederacy — 
ilpx^v kv kolvu) Bocutuv, most probably always a 
Theban.* His name was affixed to all alliances 
and compacts which concerned the whole confed- 
eracy, and he was president of what Thucydides 6 
calls the four councils, who directed the affairs of 
the league (unav to Kvpoq exovgi). On important 
questions they seem to have been united ; for the 
same author speaks of them as # fiovlfi, and in- 
forms us that the determinations of the Bceotarchs 
required the ratification of this body before they 
were valid. We will now explain who these Bceo- 
tarchs were. They were properly the military heads 
of the confederacy, chosen by the different states ; 
but we also find them discharging the functions of 
an executive in various matters. In fact, they are 
represented by Thucydides 6 as forming an alliance 
with foreign states ; as receiving ambassadors on 
their return home ; as negotiating with envoys from 
other countries ; and acting as the representatives 
of the whole league, though the ^ovl-f] refused to 
sanction the measures they had resolved on in the 
particular case to which we are now alluding. An- 
other instance in which the Bceotarchs appear as 
executive is their interference with Agesilaus, on 
his embarking from Aulis for Asia (B.C. 396), when 
they prevented him offering sacrifice as he wish- 
ed. 7 Still the principal duty of the Bceotarchs was 
of a military nature : thus they led into the field the 
troops of their respective states ; and when at 
home, they took whatever measures were requisite 
to forward the military operations of the league or 
of their own state : for example, we read of one of 
the Theban Bceotarchs ordering the Thebans to 
come in arms to the ecclesia for the purpose of 
being ready to attack Plataea. 8 Each state of the 
confederacy elected one Bceotarch, the Thebans 
two ; 9 although on one occasion, i. e., after the re- 
turn of the exiles with Pelopidas (B.C. 379), we read 
of there being three at Thebes. 10 The total number 
from the whole confederacy varied with the number 
of the independent states. Mention is made of the 
Bceotarchs by Thucydides, 11 in connexion with the 
battle of Delium (B.C. 424). There is, however, a 
difference of opinion with respect to his meaning : 
some understand him to speak of eleven, some of 
twelve, and others of thirteen Bceotarchs. Dr. Ar- 
nold is disposed to adopt the last number ; and we 
think the context is in favour of the opinion that 
there were then thirteen Bceotarchs, so that the 
number of free states was twelve. At the time of 
the battle of Leuctra (B.C. 371), we find seven Bce- 



1 (Clinton, F. II., pt. ii., p. 396. — Thucyd., iii., 55.) — 2. 
(Xen., Hell., v., 2, t> 29.— Bockh, Corp. Inscr.)— 3. (Xen.,Hell., 
I.e.)— 4. (Bcickh, Inscr., 1593.) — 5. (v., 38.)— 6. (v., 38.)— 7. 
(Plut., Ages., 6.— Xen., Hell., iii., 4, $ 4.) — 8. (Paus., ix., 1, t) 
S.)~9. (Thucyd., ii., 2; iv., 91 ; vii., 30.— Diod. Sic, xv., 51.) 
—10. (riut., PeHp., 13.)— 11. (iv.. 91.) 
162 



otarchs mentioned; 1 on another tccasion, when 
Greece was invaded by the Gauls (B.C. 279), we 
read of four. Livy 3 states that there were twelve • 
but, before the time (B.C. 171) to which his state- 
ment refers, Plataea had been reunited to the league. 
Still the number mentioned in any case is no test 
of the actual number, inasmuch as we are not sure 
that all the Bceotarchs were sent out by their re- 
spective states on every expedition or to every 
battle. 

The Bceotarchs, when engaged in military ser- 
vice, formed a council of war, the decisions of which 
were determined on by a majority of votes, the pres* 
ident being one of the two Theban Bceotarchs who 
commanded alternately. 3 Their period of service 
was a year, beginning about the winter solstice ; 
and whoever continued in office longer than his 
time, was punishable with death both at Thebes 
and in other cities.* Epaminondas and Pelopidas 
did so on their invasion of Laconia (B.C. 369), but 
their eminent services saved them ; in fact, the 
judges did not even come to a vote respecting the 
former (ovde apxyv nepl avrov -&eadai rfjv tpfj^ov*). 
At the expiration of the year, a Bceotarch was eligi- 
ble to office a second time, and Pelopidas was re- 
peatedly chosen. 6 From the case of Epaminondas 
and Pelopidas, who were brought before Theban 
judges (dtKaarai) for transgression of the law which 
limited the time of office, we may conclude that 
each Bceotarch was responsible to his own state 
alone, and not to the general body of the four coun- 
cils. 

Mention is made of an election of Bceotarchs by 
Livy. 7 He farther informs us that the league (con- 
cilium) was broken up by the Romans B.C. 171. 8 
Still it must have been partially revived, as we are 
told of a second breaking up by the Romans after 
the destruction of Corinth, B.C. 146. 9 

*BOCA or BOCE {$£**, Aristot. : /&i£ Opjian • 
/3o6i}j, Athenaeus), a small fish not exceeding a palm 
in length ; but, according to Willoughby, its flesh is 
wholesome and pleasant. Oppian makes mention 
of two species. Rondelet conjectures that the sec- 
ond was a species of Mana, meaning, as Adams 
supposes, the Sparus Mana. 

*BOITOS ((3oitoc), a species of fish, mentioned 
by Aristotle. 10 It is supposed to be the Cottus Go- 
bio, the Bull-head, or Miller's thumb. According to 
Artedi, an old MS. in the Vatican reads koItoc. 11 

*BOLBOI (j3o!6oi), a general name for bulbous 
roots. 12 With regard to the (3oMbc kdudijuoc, Adams 
remarks as follows in his Commentary on Paul of 
^Egina : " It is not well ascertained what the escu- 
lent bulbi of the ancients were. Hardouin conjec- 
tures that they were a delicious kind of onions. 
Matthiolus and Nonnius are wholly undecided. 
Sprengel inclines, with Dalechamp and Sibthorp, in 
thinking that they were a species of Muscari, or 
Musk Hyacinth. The account of them given by 
Serapion, who calls them ' Cepa sine tunicis,' agrees 
better with the conjecture of Hardouin. Eustathius 
also says that the Bulbus was a wild onion." 13 The 
(3ol6dg kfiETiKoc. is referred by Matthiolus to the 
Muscari Moschatum ; by Dodonaeus to the Narcissus 
Jonquilla ; by Lonicer to the Scilla bifolia ; by Sib- 
thorp to the Ornithogalum slychyo'ides ; and by Cam- 
erarius to the Narcissus poeticus. Sprengel rather 
inclines to the opinion of Dodonaeus. Dierbach 
holds the (3ol66c of Hippocrates to be the Hyc un- 

1. (Diod. Sic, xv., 52, 53.— Paus., ix., 13, $ 3.)— 2. (xlii.,43.) 
—3. (Thucyd., iv., 91.— Diod. Sic, xv., 51.)— 4. (Plut., Pelop., 
24.— Paus., ix., 14, t> 3.)— 5. (Paus., 1. c.)— 6. (P'ut., Pelop )- 
7. (xxxiii., 27 ; xlii., 44.)— 8. (Compare Polyb., xxviii., 2, <> 10 : 
to Boiwrwv eOvos KaTeXvdr).)— 9. (Paus., vii., 10, t> 0.)— 10. (11. 
A., iv., 8.) — 11. (Adams, Append., s. v.) — 12. (Theophrast., 11 
P., i., 69 ; vii., 13 ; viii., 8.— Dioscor., ii., 200, 201.)— 73 'ad II 
xxi., 1. — Comment, in Paul. Mg'm , p. 9ft ) 



BONA. 



BONA. 



thus eomosus. Stackhouse hesitates between a 
species of Gallic and one of Squills. The truth 
of the matter would appear to be, that, as various 
bulbous roots are possessed of emetic powers, the 
term was applied in a loose manner by the ancients. 
Dioscorides and most of the medical authorities 
state that the esculent Bulbus is aphrodisiacal. 1 

BOMBYI/IUS (Po/i6vfaoc), a drinking-vessel with 
a very narrow mouth, whence it is called cvarofiog 
or oTevocTOfioc* The name is supposed to have 
been formed from the noise which water or any 
liquid makes in passing through a narrow opening 
(fio/i6ovv kv riij Troaet 3 ). 

*BOMBYLTUS ((3o/i6v2,ioc), a species of insect, 
of the order Diptera, distinguished chiefly by hav- 
ing a long proboscis, with which they sip the sweets 
from flowers. In their flight they emit a humming 
sound, whence their name, from j3ou6t(j, "to hum." 
Aristotle would appear to have been well acquaint- 
ed with the three species which modern naturalists 
have named Bombylius major, B. minor, and B. medi- 
us. These, however, must not be confounded with 
the Bombyx mori, or Silkworm. 

BOMBYX. (Vid. Serica.) 

BO'MOS. (Vid. Ara.)- 

BONA. The word bona is sometimes used to 
express the whole of a man's property ;* and in the 
phrases bonorum emtio, cessio, possessio, ususfruc- 
tus, the word "bona" is equivalent to property. It 
expresses all that a man has, whether as owner or 
merely as possessor, and everything to which he 
has any right. But the word bona is simply the 
property as an object ; it does not express the na- 
ture of the relation between it and the person who 
has the ownership or the enjoyment of it, any more 
than the words " all that I have," " all that I am 
worth," " all my property," in English show the le- 
gal relation of a man to that which he thus de- 
scribes. It is of some importance to understand 
the nature of the legal expression in bonis, as oppo- 
sed to dominium, or Quiritarian ownership, and the 
nature of the distinction will be easily apprehended 
by any person who is slightly conversant with Eng- 
lish law. 

" There is," says Gaius, 5 " among foreigners 
(peregrini) only one kind of ownership {dominium), 
so that a man is either the owner of a thing or he 
is not. And this was formerly the case among the 
Roman people ; for a man was either owner ex jure 
Quiritium, or he was not. But afterward the own- 
ership was split, so that now one man may be the 
owner (dominus) of a thing ex jure Quiritium, and 
yet another may have it in bonis. For instance, if, 
in the case of a res mancipi, I do not transfer it to 
you by mancipatio, nor by the form in jure cessio, 
but merely deliver it to you, the thing, indeed, be- 
comes your thing (in bonis), but it will remain mine 
ex jure Quiritium, until by possession you have it 
by usucapion. For when the usucapion is once 
complete, from that time it begins to be yours abso- 
lutely (pleno jure), that is, it is yours both in bonis, 
and also yours ex jure Quiritium, just as if it had 
been mancipated to you, or transferred to you by 
the in iure cessio." In this passage Gaius refers 
to the three modes of acquiring property which were 
the peculiar rights or privileges of Roman citizens, 
mancipatio, in jure cessio, and usucapion, which are 
also particularly enumerated by him in another pas- 
sage.* 

From this passage it appears that the ownership 
of certain kinds of things among the Romans, called 
res mancipi (vid. Mancipium), could only be trans- 

I. (Adams, Append., s. t.)— 2. (Pollux, Onom., x., 68.)— 3. 
(Pollux, vi., 98. — Hesych., s. v.— Vid. Casaub. in Athen., p. 
456, 784.)— 4. (Paulus, Recept. Sentent., v., 6, 16.— Dig. 37, tit. 
\ s. 3 ; 50, tit. 16, s. 49.)— 5. (ii., 40.)— 6. (ii., 65.) 



ferred from one person to another with certain for- 
malities, or acquired by usucapion. But if it waa 
clearly the intention of the owner to transfer the 
ownership, and the necessarj forms only were 
wanting, the purchaser had the thing in bonis, and 
he had the enjoyment of it, though the original 
owner was still legally the owner, notwithstanding 
he had parted with the thing. 

It thus appears that Quiritarian ownership of res 
mancipi originally and properly signified that own- 
ership of a thing which the Roman law recognised 
as such ; it did not express a compound, but a sim- 
ple notion, which was that of absolute ownership. 
But when it was once established that one man 
might have the Quiritarian ownership, and another 
the enjoyment, and the sole right to the enjoyment 
of the same thing, the complete notion of Quiritarian 
ownership became a notion compounded of the strict 
legal notion of ownership, and that of the right to 
enjoy, as united in the same person. And as a 
man might have both the Quiritarian ownership and 
the right to the enjoyment of a thing, so one might 
have the Quiritarian ownership only, and another 
might have the enjoyment of it only. This bare 
ownership was sometimes expressed by the same 
terms (ex jure Quiritium) as the ownership which 
was complete, but sometimes it was appropriately 
called nudum jus Quiritium, 1 and yet the person 
who had such bare right was still called dominus, 
and by this term he is contrasted with the usufruc- 
tuarius and the bonce fidei possessor. 

The historical origin of this notion, of the separa- 
tion of the ownership from the right to enjoy a thing, 
is not known, but it may be easily conjectured. 
When nothing was wanting to the transfer of own- 
ership but a compliance with the strict legal form, 
we can easily conceive that the Roman jurists 
would soon get over this difficulty. The strictness 
of the old legal institutions of Rome was gradually 
relaxed to meet the wants of the people, and in the 
instance already mentioned, the jurisdiction of the 
praetor supplied the defects of the law. Thus, that 
interest which a man had acquired in a thing, and 
which only wanted certain forms to make it Quiri- 
tarian ownership, was protected by the praetor. 
The praetor could not give Quiritarian ownership, 
but he could protect a man in the enjoyment of a 
thing — he could maintain his possession : and this 
is precisely what the praetor did with respect to 
those who were possessors of public land; they 
had no ownership, but only a possession, in which 
they were protected by the praetor's interdict. ( Vid. 
Agrari^e Leges.) 

That which was in bonis, then, was that kind of 
interest or ownership which was protected by the 
praetor, which interest may be called bonitarian or 
beneficial ownership, as opposed to Quiritarian or 
bare legal ownership. It does not appear that the 
word dominium is ever applied to such bonitarian 
ownership, except it may be in one passage of Gai 
us, 2 the explanation of which is not free from diffi- 
culty. 

That interest called in bonis, which arose from a 
bare tradition of a res mancipi, was protected by the 
exceptio and the actio utilis in rem. 3 Possessio is 
the general name of the interest which was thus 
protected. The person who had a thing in bonis and 
ex justa causa, was also entitled to the actio Pub- 
liciana in case he lost the possession of the thing 
before he had gained the ownership by usucapion.* 

The phrases bonorum possessio, bonorum pos- 
sessor, might then apply to him who has had a reft 
mancipi transferred to him by tradition only ; but 
the phrase applies also to other cases, in which the 

I. (Gaius, iii., 100.)— 2. (i., 54.)— 3. (Dig. 41, tit. 1, s. 52.)- 
4. (Gaius, iv., 36.) 

163 



BONA CADUCA 



BONA RAPTA. 



praetor, by the help of fi ^tions, gave to persons the 
beneficial interest to whom he could not give the 
ownership. When the preetor gave the goods of 
the debtor to the creditor, the creditor was said in 
possessionem rerum, or bonorum debitoris mitti. 1 ( Vid. 
Bonorum Emtio, Bonorum Possessio.) 

As to things nee mancipi, the ownership might 
be transferred by bare tradition or delivery, and 
«uch ownership was Quiritarian, inasmuch as the 
Roman law required no special form to be observed 
in the transfer of the ownership of res nee mancipi. 
Such transfer was made according to the jus gen- 
tium (in the Roman sense of that term). 8 

On this subject the reader may consult a long es- 
say by Zimmern, Ueber das Wesen des sogenannten 
bonitarischen Eigenthums. 3 

BONA CADU'CA. Caducum literally signifies 
that which falls : thus glans caduca, according to 
Gaius,* is the mast which falls from a tree. Cadu- 
cum, in its general sense, might be anything with- 
out an owner, or what the person entitled to neg- 
lected to take ; 8 but the strict legal sense of cadu- 
cum and bona caduca is that stated by Ulpian, 6 
which is as follows : 

If a thing is left by testament to a person who 
has then a capacity to take it by the jus civile, but 
from some cause does not take it, that thing is 
called caducum : for instance, if a legacy was left 
to an unmarried person, or a Latinus Junianus, and 
the unmarried person did not, within a hundred days, 
obey the law by marrying, or if, within the same 
time, the Latinus did not obtain the Jus Quiritium, 
the legacy was caducum. Or if a heres ex parte, or 
a legatee, died after the death of the testator, and 
before the opening of the will, the thing was cadu- 
cum. The thing which failed to come to a person 
in consequence of something happening in the life 
of the testator, was said to be in causa caduci ; that 
which failed of taking effect between the death of 
the testator and the opening of the will, was called 
simply caducum. 

The law above alluded to is the Lex Julia et Pa- 
pia Poppaea, which is sometimes simply called Julia, 
or Papia Poppaea. This law, which was passed in 
the time of Augustus (B.C. 9), had the double ob- 
ject of encouraging marriages and enriching the 
treasury — ararium, 1 and contained, with reference 
to these two objects, a great number of provisions. 
Martial 8 alludes to a person who married in order 
to comply with the law. 

That which was caducum, came, in the first 
place, to those among the heredes who had chil- 
dren ; and if the heredes had no children, it came 
among those of the legatees who had children. 
The law gave the jus accrescendi, that is, the right 
to the caducum as far as the third degree of con- 
sanguinity, both ascending and descending, 9 to those 
who were made heredes by the will. Under the 
provisions of the law, the caducum, in case there 
was no prior claimant, belonged to the aerarium ; or, 
as Ulpian 10 expresses it, if no one was entitled to the 
bonorum possessio, or if a person was entitled, but 
did not assert his right, the bona became public 
property (populo deferuntur), according to the Lex 
Julia caducaria ; but by a constitution of the Em- 
peror Antoninus Caracalla, it was appropriated to 
the fiscus : the jus accrescendi above mentioned 
was, however, still retained. The lawyers, how- 
ever (viri prudentissimi), by various devices, such 
as substitutions, often succeeded in making the law 
of no effect. 



1. (Dig-. 42, tit. 5, s. 14, <fec)— 2. (Gaius, ii., 26, 41, 20.— Ulp., 
Frag., i., 16.) — 3. (Rheinisch Museum, fur Junspr., iii., 3.)— 4. 
(Dig. 50, tit. 16, s 30.)— 5. (Cic, Orat.,iii., 31.— Phil., x., 5.)— 
6 (Frag., xvii.)— 7. (Tacit., Ann., iii., 25.)— 8. (Ep., v., 75.)— 
(Ulp., Frag., iviii.)— 10. (xxviii., 7.) 
164 



He who took the portion of a heres, which be- 
came caducum, took it by universal succession : in 
the case of a legacy, the caducum was a singular 
succession. But he who took an hereditas caduca 
took it with the bequests of freedom, of legacies, 
and fidei commissa with which it was burdened : if 
the legata and fidei commissa became caduca, all 
charges with which they were burdened became 
caduca also. In the time of Constantine, both the 
ccelebs and the orbus, or childless person (who was 
under a limited incapacity), obtained the full legal 
capacity of taking the inheritance. 1 Justinian 8 put 
an end to the caducum, with all its legal consequen- 
ces. In this last-mentioned title {De Caducis tollen- 
dis) it is stated both that the name and the thing 
(nomen et materia caducorum) had their origin in the 
civil wars, that many provisions of the law were 
evaded, and many had become obsolete. 3 As to 
the Dos Caduca, see DOS. 

BONA FIDES. This term frequently occurs in 
the Latin writers, and particularly in the Roman 
jurists. It can only be defined with reference to 
things opposed to it, namely, mala fides, and dolus 
malus, both of which terms, and especially the lat- 
ter, are frequently used in. a technical sense. (Vid. 
Dolus Malus.) 

Generally speaking, bona fides implies the absence 
of all fraud, and unfair dealing or acting. In this 
sense, bona fides, that is, the absence of all fraud, 
whether the fraud consists in simulation or dissim- 
ulation, is a necessary ingredient in all contracts. 

Bona fide possidere applies to him who has acqui- 
red the possession of a thing under a good title, as 
he supposes. He who possessed a thing bona fide, 
had a capacity of acquiring the ownership by usuca- 
pion, and had the protection of the actio Publiciana. 
Thus a person who received a thing either mancipi 
or nee mancipi, not from the owner, but from a per- 
son whom he believed to be the owner, could ac- 
quire the ownership by usucapion.* A thing which 
was furtivia or vi possessa, or the rts mancipi of a 
female who was in the tutela of her agnati, unless 
it was delivered by her under the auctoritas of her 
tutor, was not subject to usucapion, and therefore, 
in these cases, the presence or absence of bona fides 
was immaterial. 5 A person who bought from a pu- 
pillus without the auctoritas of his tutor, or with the 
auctoritas of a person whom he knew not to be the 
tutor, did not purchase bona fide; that is, he was 
guilty of a legal fraud. A sole tutor could not pur- 
chase a thing bona fide from his pupillus ; and if he 
purchased it from another, to whom a non bona fide 
sale had been made, the transaction was null. 6 

A bona fide possessor was also protected as to 
property acquired for him by another person. 7 

In various actions arising <»ut of mutual dealings, 
such as buying and selling, lending and hiring, part- 
nership, and others, bona fides is equivalent to 
saquum and justum ; and such actions were some- 
times called bonae fidei actiones. The formula of 
the praetor, which was the authority of the judex, 
empowered him in such cases to inquire and deter- 
mine ex bona fide, that is, according to the real mer- 
its of the case. 8 

BONA RAPTA. The actio vi bonorum raptorum 
was granted by the praetor against those who had 
by force carried off a man's property. The offence 
was, in fact, a species of furtum. If the person in- 
jured brought his action within one year after the 



1. (Cod. viii., 58.)— 2. (Cod. vi., 51.)— 3. (Gaius, ii., 207 ; iii., 
144, 286. — Lipsius, Excurs. ad Tacit., Ann., iii., 25. — Marezoll, 
Lehrbuch der Institut. des Rom. Reehts.)— 4. (Gaius, ii., 43.— 
Ulp., Frag., xix., s. 8.)— 5. (Gaius. i., 192; ii., 45, &c— Cic 
ad Att., i., 5.— Pro Flacco, c. 34.;— 6. (Dig. 26, tit. 8.)— 7. (Sa 
vigny, Das Recht des Besitzes, p. 314, drc.) — 8. (Gaius, iv., 62 
— Cic, Off., iii., 17. — Topic, c. IT. — Brissonius, De Fonnuli* 
&c, lib. v.) 



BONURUM CESSIO. 



BONORUM POSSESSIO. 



time when he was first able to bring his action, he 

right recover fourfold ; if after the year, he only 
ecovered the value of the goods. If a slave was 
the olfender, .he owner of the goods had a noxalis 
actio against the master. 1 

BONA VACANTIA was originally the property 
which a person left at his death without having dis- 
posed of it by will, and without leaving any heres. 
Such property was open to occupancy, and so long 
as the strict laws of inheritance existed, such an 
event must not have been uncommon. A remedy 
was, however, found for this by the bonorum pos- 
sessio of the praetor. 

It does not appear that the state originally claim- 
ed the property of a person who died intestate and 
without heredes legitimi. The claim of the state to 
such property seems to have been first established 
by the Lex Julia et Papia Poppaea. (Vid. Bona 
Caduca.) The state, that is, in the first instance 
the aerarium, and afterward the fiscus, did not take 
such property as heres, but it took it per universita- 
tem. In the later periods of the Empire, in the case 
of a soldier dying without heredes, the legion to 
which he belonged had a claim before the fiscus ; 
and various corporate bodies had a like preference 
in the case of a member of the corporation dying 
without heredes. 3 

BONO'RUM CESS'IO. There were two kinds 
of bonorum cessio, in jure and extra jus. The in 
jure cessio is treated under its proper head. 

The bonorum cessio extra jus was introduced by a 
Julian law, passed either in the time of Julius Cae- 
sar or Augustus, which allowed an insolvent debtor 
to give up his property to his creditors. The debt- 
or might declare his willingness to give up his prop- 
erty by letter or by a verbal message. The debtor 
thus avoided the infamia consequent on the bono- 
rum emtio, which was involuntary, and he was free 
from all personal execution. He was also allowed 
to retain a small portion of his property for his sup- 
port. An old gloss describes the bonorum cessio 
thus : " Cedere bonis est ab universitate rerum sua- 
rum reccdereV 

The property thus given up was sold, and the 
proceeds distributed among the creditors. The 
purchaser, of course, did not obtain the Quiritarian 
ownership of the property by the act of purchase. 
If the debtor subsequently acquired property, this 
also was liable to the payment of his old debts, with 
some limitations, if they were not already fully sat- 
isfied. 

The benefit of the lex Julia was extended by the 
imperial constitutions to the provinces. 

The history of the bonorum cessio does not seem 
quite clear. The Julian law, however, was not the 
oldest enactment which relieved the person of the 
debtor from being taken in execution. The lex 
Pcetelia Papiria (B.C. 327) exempted the person of 
the debtor (nisi qui noxam rncruisset), and only made 
his property (bona) liable for his debts. It does not 
appear from the passage in Livy 3 whether this was 
a bonorum cessio in the sense of the bonorum ces- 
sio of the Julian law, or only a bonorum emtio with 
the privilege of freedom from arrest. The Tablet 
of Heraclea* speaks of those qui in jure bonam copi- 
am jurabant ; a phrase which appears to be equiva- 
lent to the bonorum cessio, and was a declaration 
on oath in jure, that is, before the praetor, by the 
debtor that his property was sufficient to pay his 
debts. Buv this was still accompanied with infa- 
mia. So far as we can learn from Livy, no such 
declaration of solvency was required from the debt- 
or by the Poetelia lex. The Julian law rendered 



1. (Gaius, iii., 209.— Di^. 47, tit. 8.)— 2. (Marezoll, Lehrbuch 
rfer Institut. des Rom. Rechts.) — 3. (viii., 28 * — 4. (Mazocchi, 
p. 423.) 



the process of the cessio bonorum more simple, bj 
making it a procedure extra jus, and giving farther 
privileges to the insolvent. Like several other Ju- 
lian laws, it appears to have consolidated and ex- 
tended the provisions of previous enactments. 1 

BONO'RUM COLLATIO. By the strict rules 
of the civil law, an emancipated son had no right to 
the inheritance of his father, whether ho died tes- 
tate o r intestate. But, in course of time, the prae- 
tor granted to emancipated children the privilege of 
equal succession with those who remained in the 
power of the father at the time of his death ; and 
this grant might be either contra tabulas or ab intes- 
ato. But this favour was granted to emancipated 
.hildren only on condition that they should bring 
nto one common stock with their father's property, 
and for the purpose of an equal division among aV 
the father's children, whatever property they had at 
the time of the father's death, and which would 
have been acquired for the father in case they had 
still remained in his power. This was called bo- 
norum collatio. It resembles the old English hotch- 
pot, upon the principle of which is framed the pro- 
vision in the statute 22 and 23 Charles II., c. 10, s 
5, as to the distribution of an intestate's estate. 3 

BONO'RUM EM'TIO ET EMTOR. The ex 
pression bonorum emtio applies to a sale of the 
property either of a living or of a dead person. It 
was in effect, as to a living debtor, an execution. 
In the case of a living person, his goods were liable 
to be sold if he concealed himself for the purpose of 
defrauding his creditors, and was not defended in 
his absence ; or if he made a bonorum cessio ac- 
cording to the Julian law ; or if he did not pay any 
sum of money which he w r as by judicial sentence 
ordered to pay, within the time fixed by the laws 
of the Twelve Tables 3 or by the praetor's edict. In 
the case of a dead person, his property was sold 
when it was ascertained that there was neither he- 
res nor bonorum possessor, nor any other person 
entitled to succeed to it. In this case the property 
belonged to the slate after the passing of the Lex 
Julia et Papia Poppaea. If a person died in debt, 
the praetor ordered a sale of his property on the ap- 
plication of the creditors.* In the case of the prop- 
erty of a living person being sold, the praetor, on the 
application of the creditors, ordered it to be possess- 
ed (possideri) by the creditors for thirty successive 
days, and notice to be given of the sale. The cred- 
itors were said in possessionem rerum debitoris mitti : 
sometimes a single creditor obtained the possessio. 
When several creditors obtained the possessio, it 
was usual to intrust the management of the busi- 
ness to one of those who was chosen by a majority 
of the creditors. The creditors then met and chose 
a magister, that is, a person to sell the property, 5 or 
a curator bonorum if no immediate sale was intend- 
ed. The purchaser, emtor, obtained by the sale only 
the bonorum possessio : the property was his in bo- 
nis until he acquired the Quiritarian ownership by 
usucapion. The foundation of this rule seems to 
be, that the consent of the owner w r as considered 
necessary in order to transfer the ownership. Both 
the bonorum possessores and the emtores had no 
legal rights (directce actiones) against the debtors of 
the person whose property was possessed or pur- 
chased, nor could they be legally sued by them ; but 
the praetor allowed utiles actiones both in their fa 
vour and against them. 6 

BONO'RUM POSSES'SIO is defined by Ulpian T 
to be " the right of suing for or retaining a patrimo- 

1. (Gaius, iii., 28. — Dig. 42. tit. 3. - Cod. vii., tit. 71.) — 2. 
(Dig. 36, tit. 6.— Cod. vi., tit. 20.)— 3. (Aul. Gell., xv., 13 ; xx., 
1.)— 4. (Gaius. ii., 154, 107.)— 5. (Cic, ad Att., i., 9 ; vj., 1.— 
Pro Quincto., c. 15.)— 6. (Gaius, iii.. 77 : v . 35, 65, and 111 — 
■■• ■** tit 4, 5.)— 7. (Dig. 37, tit. 1, 9 3 ) 

lfi"i 



BONORUM POSSESSIO. 



.auS. 



ny or thing which belonged to another at the time 
of his death." The strict laws of the Twelve Ta- 
Dles as to inheritance were gradually relaxed by 
ihe praetor's edict, and a new kind of succession was 
introduced, by which a person might have a bono- 
rum possessio who could have no hereditas or legal 
inheritance. 

The bonorum possessio was given by the edict 
both contra tabulas, secundum tabulas, and intestati. 

An emancipated son had no legal claim on the 
inheritance of his father ; but if he was omitted in 
his father's will, or not expressly exheredated, the 
praetor's edict gave him the bonorum possessio con- 
tra tabulas, on condition that he would bring into 
hotchpot {bonorum collatio) with his brethren who 
continued in the parent's power, whatever property 
he had at the time of the parent's death. The bo- 
norum possessio was given both to children of the 
blood (naturales) and to adopted children, provided 
the former were not adopted into any other family, 
and the latter were in the adoptive parent's power 
at the time of his death. If a freedman made a 
will without leaving his patron as much as one half 
of his property, the patron obtained the bonorum 
possessio of one half, unless the freedman appoint- 
ed a son of his own blood as his successor. 

The bonorum possessio secundum tabulas was 
that possession which the praetor gave, conformably 
to the words of the will, to those named in it as 
heredes, when there was no person entitled to make 
a claim against the will, or none who chose to make 
such a claim. It was also given secundum tabulas 
in eases where all the requisite legal formalities had 
r.ot been observed, provided there were seven prop- 
er witnesses to the will. 

In the case of intestacy (intestati), there were 
seven degrees of persons who might claim the bo- 
norum possessio, each in his order, upon there be- 
ing no claim of a prior degree. The first three 
classes were children, legitimi heredes and proximi 
cognati. Emancipated children could claim as well 
as those who were not emancipated, and adoptive 
as well as children of the blood ; but not children 
who had been adopted into another family. If a 
freedman died intestate, leaving only a wife (in 
manu) or an adoptive son, the patron was entitled 
to the bonorum possessio of one half of his property. 

The bonorum possessio was given either cum re 
or sine re. It was given cum re when the person to 
whom it was given thereby obtained the property 
or inheritance. It was given sine re when another 
person could assert his claim to the inheritance by 
the jus civile : as, if a man died intestate, leaving 
a suus heres, the grant of the bonorum possessio 
would have no effect ; for the heres could maintain 
;»is legal right to the inheritance. Or, if a person 
who was named heres in a valid will was satisfied 
with his title according to the jus civile, and did 
not choose to ask for the bonorum possessio (which 
he was entitled to if he chose to have it), those 
who would have been heredes in case of an intes- 
tacy might claim the bonorum possessio, which, 
however, would be unavailing against the legal title 
of the testamentary heres, and, therefore, sine re. 

Parents and children might claim the bonorum 
possessio within a year from the time of their being 
able to make the claim ; others were required to 
make the claim within a hundred days. On the 
failure of such party to make his claim within the 
proper time, the right to claim the bonorum pos- 
sessio devolved on those next in order, through the 
seven degrees of succession. 

He who received the bonorum possessio was not 
thereby made heres, but he was placed heredis loco ; 
tor the praetor could not make a heres. The prop- 
erty of which the possession was thus given was 
166 



only in bonis, until, by usucapion, the possession 
was converted into Quiritarian ownership {domini- 
um). All the claims and obligations of the deceased 
person were transferred with the bonorum possessio 
to the possessor or praetorian heres ; and he was 
protected in his possession by the interdictum quo • 
rum bonorum. The benefit of this interdict was 
limited to cases of bonorum possessio, and this was 
the reason why a person who could claim the ii> 
heritance in case of intestacy by the civil law, 
sometimes chose to ask for the bonorum possessio 
also. The praetorian heres could only sue and be 
sued in respect of the property by a legal fiction. 
He was not able to sustain a directa actio ; but, in 
order to give him this capacity, he was, by a fiction 
of law, supposed to be what he was not, heres ; and 
he was said ficto se herede agere, or intended. The 
actions which he could sustain or defend were acti- 
ones utiles. 1 A good general view of the bonorum 
possessio is given by Marezoll, Lehrbuch der Jnsti 
tutionen des Rom. Rechts, § 174. 

*BONASSUS ((36vac7Goc), a quadruped, the same 
with the Bison. (Vid. Bison.) 

*BOSCAS ((3ocndc), the Wild Duck, Anas Boscas, 
L. (Vid. Anas.) 

♦BOSTRYCHI'TES (iSoarpvxirvc), a stone re- 
sembling a lock of female hair. 2 It is supposed to 
have been amianthus. 3 

*BOS ((3ovg), a generic term, applied to several 
varieties of the ox and cow, namely, of the Bos 
Taurus, L. " The immense advantages derived 
from the domesticated ox in the beginning of human 
civilization," observes Lieut. Col. Smith, " may be 
gathered from the conspicuous part its name and 
attributes perform in the early history of mankind. 
We find the Bull among the signs of the Zodiac ; 
it typifies the sun in more than one system of 
mythology ; it was personally worshipped among 
the Egyptians, and is still venerated in India. The 
Cow is repeatedly a mystical type of the earth in 
the mystical systems of ancient Greece, or a form 
of Bhavani with the Hindus. The Vedas con- 
sider it the primordial animal, the first created by 
the three kinds of gods who were directed by the 
Supreme Lord to furnish the earth with animated 
beings. The Ox first enabling man to till the ground, 
was a direct cause of private territorial property, 
and of its consequences, wealth, commerce, leisure, 
and learning ; he was no less the means of ab- 
stracting mankind from the necessity of shedding 
blood, and thus he became the emblem of justice, 
the vehicle of Siva. This merited consideration 
we see dexterously used by ancient legislators, to 
soften the brutality of human manners, either by 
forbidding the flesh as food in those countries where 
his acknowledged utility was counteracted by ob- 
stacles in the increase, or by commanding the fre- 
quent use of sacrifices by a proper slaughter, and 
where fire and salt should be employed to check a 
horrid species of massacre and practice of devour- 
ing the flesh in a raw state. — The words Thur, Tur, 
Toor, Tier, Deer, Stier, Steer, in the northern dialects 
of Europe, in their early and in their latest accep- 
tations, are direct names of well-known ruminants ; 
but in proportion as we pursue the root towards its 
origin in Central Asia, Ave find that the parent Ian' 
guage of the Gothic and Sclavonian, as well as 
those of the Hellenic and other tongues, unite in 
fixing it upon a larger bovine animal, perfectly ap- 
plicable to that known in Caesar's Commentaries 
by the name of Urus, implying, as some think, 
primaeval, ancient, sylvan, fierce, mysterious ; still 
retained in the Teutonic ur and its numerous ad- 






1. (Gains, iii., 25-38 ; iv., 34— Ulp., Fragm., tit. 28, 29.-- 
Dig. 37, tit. 4, s. 19 ; tit. 11.— Dig. 38, tit. 6.)— 2. (Plin , H N. 
xxxvii., 10.)— 3. (Moore's Anc. Mineral., p. 182.) 



BOS MARINUS. 



BOUAI. 



Juncts. We here find the root of the denomination 
of several regions in which the parent race of the 
Tauri, or the Urus, has existed or still resides. 
Thus, Turan, of Eastern Persia ; Turan, south of 
the Caucasus ; the present Turcomania ; the Thur- 
gaw ; the Canton of Uri ; the Thuringian forest ; 
the Tauric Chersonese ; the Tauri, a Sarmatian 
tribe ; the. Taurini, inhabiting Italy, near the present 
Turin, &c. In most of these countries the gigan- 
tic Urus has left his remains, or the more recent 
Urus has been known to herd. The appellations 
ex and cow also afford matter for speculation : the 
former has been regarded by some as a title of 
power, and they connect it with the proper name 
Ochus in ancient Persia (Ochi or Achi), equivalent 
to ' dignns,' or ' ma j estate digitus.' Okous, 'a 
bull,' is a common name among the Curds and 
other Caucasian tribes ; while, on the other hand, 
the appellations (3ovc, bos, the Arabic bakr, as also 
Koe, Kuhe, Cow, Gaw, and Ghai, are all evidently 
from a common root descriptive of the voice of 
cattle. — It has been conjectured that the original 
domestication of the common Ox (Bos Taurus) 
took place in Western Asia, and was performed by 
the Caucasian nations, who thereby effected a lead- 
ing cause of that civilization which their descendants 
carried westward and to the southeast, where the 
genuine Taurine races, not multiplying or yielding 
equal returns to human industry and human wants, 
have caused the veneration in which they are held, 
and necessitated the prohibition of feeding on their 
flesh. It is to these circumstances, also, that we 
may refer the domestication of the Buffalo, whose 
strength and habits were suited to supply the defi- 
ciencies of the Ox ; and a similar effect has since 
operated in Egypt ; for, from the period of the intro- 
duction of the Buffalo into that country, domestic 
cattle are not only fewer, but far from deserving the 
commendations bestowed upon them by the an- 
cients." 1 

" The character of domestic oxen is absolutely 
the same as the fossil, and the wild breeds differ 
only in the flexures of the hams and in external 
appearance, occasioned by the variations of climate, 
food, and treatment. The hunched races of Africa 
may be regarded as introduced with the Arabian 
invasions after the Hegira ; for in the numerous 
representations of Taurine animals, sacred victims, 
or in scenes of tillage upon the monuments of an- 
cient Egypt, none occur. The breeds of the Kis- 
guise and Calmuc Tartars, those of Podolia and 
the Ukraine, of European Turkey, and the Roman 
States, are among the largest known. They are 
nearly all distinguished by ample horns spreading 
sideways, then forward and upward, with dark 
points : their colour is a bluish ash, passing to black. 
That in the Papal dominions is not found repre- 
sented on the ancient bas-reliefs of Rome, but was 
introduced most probably by the Goths, or at the 
same time with the Buffalo. Italy possesses an- 
other race presumed to have existed in ancient 
times, valued for its fine form and white colour : it 
is not so large, but the horns are similarly devel- 
oped. Tuscany produces this race, and droves of 
them have been transported to Cuba, and thence to 
Jamaica. Ancient Egypt nourished a large white 
breed, which, however, is not the most common 
upon the monuments of that country, where the 
cattle are usually represented with large, irregular 
marks of black or brown upon a white ground.'" 

As regards the origin of our domestic Ox from 
the Urus of antiquity, consult remarks under the 
Efrticles Bisoy and Urus. 

*BOS MARFNUS (povc $a?MTTioq), a species of 

1. (Griffith's Cuvier, vol. iv., p. 411, seqq.)— 2. (Griffith's Cu- 
rier. vol iv , p. 419 ) 



large fish, the Raia Oxyrynchus, L., called in English 
the Sharp-nosed Ray. The French name is AUne, 
The lei66aToc of Aristotle is a variety of it. 

BOONAI (Botivai) were persons in Athens whe 
purchased oxen for the public sacrifices and feasts. 
They are spoken of by Demosthenes 1 in conjunction 
with the Upo7roLoi and those who presided over the 
mysteries, and are ranked by Libanius 3 with the 
sitonae, generals, and ambassadors. Their office is 
spoken of as honourable by Harpocration, 3 but Pol- 
lux* includes them among the inferior offices, or 
offices of service (vTrrjpeoiai 5 ). 

BOREASMOI or BOREASMOS (Bopeaopoi o> 
Bopeaafioc), a festival celebrated by the Athenians 
in honour of Boreas, 6 which, as Herodotus 7 seems 
to think, was instituted during the Persian war, 
when the Athenians, being commanded by an oracle 
to invoke their yauSpbg e-nrtKovpoc, prayed to Boreas. 
The fleet of Xerxes was soon afterward destroyed 
by a north wind, near Cape Sepias, and the grateful 
Athenians erected to his honour a temple on the 
banks of the Ilissus. But, considering that Boreas 
was intimately connected with the early history of 
Attica, since he is said to have carried off and mar- 
ried Oreithyia, daughter of Erechtheus, 9 and that he 
was familiar to them under the name of brother-in- 
law, we have reason to suppose that even previous 
to the Persian wars certain honours were paid to 
him, which were, perhaps, only revived and increased 
after the event recorded by Herodotus. The festi- 
val, however, does not seem ever to have had any 
great celebrity, for Plato 9 represents Phaedrus as 
unacquainted even with the site of the Temple of 
Boreas. Particulars of this festival are not known, 
except that it was celebrated with banquets. 

Pausanias 10 mentions a festival celebrated with 
annual sacrifices at Megalopolis in honour of Bore- 
as, who was thought to have been their deliverer 
from the Lacedaemonians. 11 

^Elian 13 says that the Thurians also offered an 
annual sacrifice to Boreas, because he had destroyed 
the fleet with which Dionysius of Syracuse attacked 
them ; and adds the curious remark, that a decree 
was made which bestowed upon him the right of 
citizenship, and assigned to him a house and a piece 
of land. This, however, is perhaps merely another 
way of expressing the fact that the Thurians adopt- 
ed the worship of Boreas, and dedicated to him a 
temple, with a piece of land. 

BOTANOMANTETA. (Vid. Divinatio.) 

BOTTJLUS (a?iMc, <j>vgktj), a sausage, was a very 
favourite food among the Greeks and Romans. The 
tomaculum was also a species of sausage, but not 
the same as the botulus, for Petronius 13 speaks of 
tomacula cum botulis. The sausages of the ancients, 
like our own, were usually made of pork, 1 * and were 
cooked on a gridiron or frying-pan, and eaten warm 
(fuerunt et tomacula supra craticulam argenteam fcr^ 
ventia 1 *). They were sold in the streets and in the 
baths, and the botularius was accustomed to cry 
out his sausage for sale. 16 

Sausages were also made with the blood of ani- 
mals, like our black-puddings ; 17 and Tertullian 1 * in 
forms us that, among the trials to which the hea- 
thens exposed Christians, one was to offer thera 
such sausages (botulos cruore distentos), well know- 
ing that the act by which they thus tempted them 
to transgress was forbidden by the Christian laws. 1 ' 

BOUAI. (Vid. Agele.) 

1. (c. Mid., p. 570.)— 2. (Declam., viii.) — 3. (s. v.)— 4. (Onom., 
viii., 114.)— 5. (Bockh, Publ. Econ. of Athens, vol. i., p. 289, 
transl.)— 6. (Hesych., s. v.)— 7. (vii., 189.)— 8. (Herod., 1. c— 
Paus., i., 19, (f 6.)— 9. (Phaedr., p. 229.)— 10. (viii., 36, t> 4.)- 
11. (Compare JSlian, Var. Hist., xii., 61.)— 12. (1. c.)— 13. (c. 
49.)— 14. (Juv., Sat., x., 355.)— 15. /Petron., c. 31.)— 16. (Mai> 
tial, I., xlii., 9.— Sen., Ep., 56.)— 17. (Aristoph., Equit., 208.— 
Tertull., Apol., 9.)— 18. (1. c.)— 19. (Becker, Gallus, i, p. 244/ 

167 



BOULE. 



BOULE. 



BOYAH' (// tCjv ■KevraKoaluv). In the heroic 
ages, represented to us by Homer, the fiovlrj is 
simply an aristocratical council of the elders among 
the nobles, sitting under their king as president, 
who, however, did not possess any greater authori- 
ty than the other members, except what that posi- 
tion gave him. The nobles, thus assembled, deci- 
ded on public business and judicial matters, fre- 
quently in connexion with, but apparently not sub- 
ject to, nor of necessity controlled by, an dyopu, or 
meeting of the freemen of the state. 1 This form of 
government, though it existed for some time in the 
Ionian, iEolian, and Achaean states, was at last 
wholly abolished. Among the Dorians, however, 
especially with the Spartans, this was not the case ; 
ibr it is well known that they retained the kingly 
power of the Heracleidae, in conjunction with the 
yepovaia (yid. Gerousia), or assembly of elders, of 
which the kings were members. At Athens, on the 
contrary, the fiovlf] was a representative, and in 
most respects a popular body (6t]/j.otik6v), the ori- 
gin, nature, and duties of which we proceed to de- 
scribe. 

Its first institution is generally attributed to Solon. 
There are, however, strong reasons for supposing 
that, as in the case of the areiopagus, he merely 
modified the constitution of a body which he found 
already existing. In the first place, it is improbable, 
and, in fact, almost inconsistent with the existence 
of any government, except an absolute monarchy, 
to suppose that there was no such council. Be- 
sides this Herodotus 2 tells us that in the time of 
Cylon (B.C. 620), Athens was under the direction 
of the presidents of the Naucraries (vavKpaplac), the 
number of which was forty-eight, twelve out of 
each of the four tribes. Moreover, we read of the 
case of the Alcmaeonidse being referred to an aristo- 
c.ratical tribunal of 300 persons, and that Isagoras, 
ihe leader of the aristocratic party at Athens, en- 
deavoured to suppress the council, or povlrj, which 
Cleisthenes had raised to 600 in number, and to 
vest the government in the hands of 300 of his own 
party. 3 This, as Mr. Thirlwall* remarks, can hard- 
ly have been a chance coincidence : and he also 
suggests that there may have been two councils, 
3ne a smaller body, like the Spartan yepovaia, and 
the other a general assembly of the eupatrids ; thus 
corresponding, one to the senatus, the Giber to the 
comitia curiata, or assembly of the burghers at 
Rome. But, be this as it may, it is admitted that 
Solon made the number of his jiovlrj 400, taking the 
members from the first three classes, 100 from each 
of the four tribes. On the tribes being remodelled 
by Cleisthenes (B.C. 510), and raised to ten in num- 
ber, the council also was increased to 500, fifty be- 
ing taken from each of the ten tribes. It is doubt- 
ful whether the (3ov?>.evTai, or councillors, were at 
first appointed by lot, as they were afterward ; but 
as it is stated to have been Solon's wish to make 
the (3ov?iy a restraint upon the people, and as he is, 
moreover, said to have chosen (eTrtTie^dfievog 6 ) 100 
members from each of the tribes, it seems reasona- 
ble to suppose that they were elected, more espe- 
cially when there is no evidence to the contrary. 6 
ft is, at any rate, certain that an election, where the 
eupatrids might have used influence, would have 
been more favourable to Solon's views than an ap- 
pointment by lot. But, whatever was the practice 
originally, it is well known that the appointment 
was in after times made by lot, as is indicated by 
the title (ol dird tov kvu/llov (SovXevral), suggested 
fey the use of beans in drawing the lots. 7 The in- 

1. (II., ii., 53, 143 ; xviii., 503.— Od., ii., 239.)— 2. (v., 71.)— 
S. (Herod., v., 72. — Plut., Sol., 12.)— 4. (Hist, of Greece, ii., 
41.)— 5. (Plut., Sol., 19.)— 6 (Thirlwall's Hist, of Greece, ii., 
42.)' ▼. (Thucyd., viii.. G9.) 
168 



dividuals thus appointed were required to submit 
to a scrutiny, or doKijuaota, in which they gave evi- 
dence of being genuine citizens (yvijoioi e£ dfi<poiv) r 
of never having lost their civic rights by uri-Aa, and 
also of being under 30 years of age. ( Vid. Doki- 
masia.) They remained in office for a year, receiv- 
ing a drachma (fitadoc (3ov2.evTiic6g) for each day on 
which they sat : l and independent of the general 
account, or evdvvai, which the whole body had to 
give at the end of the year, any single member was 
liable to expulsion for misconduct by his col- 
leagues. 3 

This senate of 500 was divided into ten sections 
of fifty each, the members of which were called 
prytanes {rrpyravelc), and were all of the same tribe ; 
they acted as presidents both of the council and the 
assemblies during 35 or 36 days, as the case might 
be, so as to complete the lunar year of 354 days 
(12x29£). Each tribe exercised these functions in 
turn, and the period of office was called a prytany 
(TtpvTavela). The turn of each tribe was determin- 
ed by lot, and the four supernumerary days were 
given to the tribes which came last in order. 3 
Moreover, to obviate the difficulty of having too 
many in office at once, every fifty was subdivided 
into five bodies of ten each ; its prytany also being 
portioned out into five periods of seven days each : 
so that only ten senators presided for a week over 
the rest, and were thence called irpoefipoi. Again, 
out of these proedri an ETnardTtjg was chosen foi 
every day in the week, to preside as a chairman in 
the senate and the assembly of the people ; during 
his day of office he kept the public records and 
seal. 4 

The prytanes had the right of convening the coun- 
cil and the assembly (eKK^ma). The duty of the 
proedri and their president was to propose subjects 
for discussion, and to take the votes both of the 
councillors and the people ; for neglect of their duty 
they were liable to a fine. 5 Moreover, whenever a 
meeting, either of the council or the assembly, was 
convened, the chairman of the proedri selected by 
lot nine others, one from each of the non-presiding 
tribes : these also were called proedri, and possess- 
ed a chairman of their own, likewise appointed by 
lot from among themselves. On their functions, 
and the probable object of their appointment, some 
remarks are made in the latter part of this article. 

We now proceed to speak of the duties of the 
senate as a body. It is observed under Areiopa- 
gus that the chief object of Solon in forming the 
senate and the areiopagus was to control the dem- 
ocratical powers of the state ; for this purpose 
Solon ordained that the senate should discuss and 
vote upon all matters before they were submitted 
to the assembly, so that nothing could be laid be- 
fore the people on which the senate had not come 
to a previous decision. This decision or bill was 
called -n-podovXevfia, and if the assembly had been 
obliged either to acquiesce in any such proposition, 
or to gain the consent of the senate to their modifi- 
cation of it, the assembly and the senate would then 
have been almost equal powers in the state, and 
nearly related to each other, as our two houses of 
Parliament. But, besides the option of adopting or 
rejecting a irpoSovXevfia, or iprjipiofia as it was some- 
times called, the people possessed and exercised 
the power of coming to a decision completely dif- 
ferent from the will of the senate, as expressed in 
the irpoCovlevfia. Thus, in matters relating to peace 
and war, and confederacies, it was the duty of the 
senators to watch over the interests of the state, 



1. (Bockh, i., 310, transl.) — 2. (Harpocr., s. v. 'Etf^vXAo^opia. 
— JSsch., c. Ctes., p. 56, ed. Bekk.)— 3. (Clinton, F.H.,vol. h., 
p. 346.)— 4. (Suid.— Harpocr.)— 5. (Demosth., c. Timocr., 70»- 
707.i 



BOULE 



BUULE. 



and thpy could initiate whatever measures, and 
come to whatever resolutions they might think ne- 
cessary ; but on a discussion before the people it 
was competent for any individual to move a differ- 
ent or even contrary proposition. To take an ex- 
ample : In the Euboean war (B.C. 350), in which 
the Thebans were opposed to the Athenians, the 
senate voted that all the cavalry in the city should 
be sent out to assist the forces then besieged at Ta- 
mynae ; a irpo6oi>Xevfia to this effect was proposed 
lo the people, but they decided that the cavalry were 
not wanted, and the expedition was not underta- 
ken. Other instances of this kind occur in Xeno- 
phon. 1 

In addition to the bills which it was the duty of 
the senate to propose of their own accord, there 
were others of a different character, viz., such as 
any private individual might wish to have submit- 
ted to the people. To accomplish this, it was first 
necessary for the party to obtain, by petition, the 
privilege of access to the senate (rrpooodovypdipao- 
dai), and leave to propose his motion ; and if the 
measure met with their approbation, he could then 
submit it to the assembly. 2 Proposals of this kind, 
which had the sanction of the senate, were also 
called 7rpo6ov?iev/iaTa, and frequently related to the 
conferring of some particular honour or privilege 
upon an individual. Thus the proposal of Ctesi- 
phon for crowning Demosthenes is so styled, as 
also that of Aristocrates for conferring extraordi- 
nary privileges on Charidemus, an Athenian com- 
mander in Thrace. Any measure of this sort, which 
was thus approved of by the senate, was then sub- 
mitted to the people, and by them simply adopted 
or rejected ; and " it is in these and similar cases 
that the statement of the grammarians is true, that 
no law or measure could be presented for ratifica- 
tion by the people without the previous approbation 
of the senate, by which it assumed the form of a 
decree passed by that body." 3 

In the assembly the bill of the senate was first 
road, perhaps by the crier, after the introductory 
ceremonies were over; and then the proedri put the 
question to the people, whether they approved of it, 
or wished to give the subject farther deliberation. 4 
The people declared their will by a show of hands 
(irpoxeipoTovla). Sometimes, however, the bill was 
not proposed and explained by one of the proedri, 
but by a private individual — either the original ap- 
plicant for leave to bring forward the measure, or a 
senator distinguished for oratorical power. Exam- 
ples of this are given by Schomann. 5 If the npo- 
6ov?,EVfia of the senate were rejected by the people, 
it was, of course, null and void. If it happened 
that it was neither confirmed nor rejected, it was 
enereiov, that is, only remained in force during the 
year the senate was in office. 6 If it was confirmed 
it became a i}>^<pt,a/xa, or decree of the people, bind- 
ing upon all classes. The form for drawing up such 
decrees varied in different ages. Before the archon- 
ship of Eucleides (B.C. 403), they were generally 
headed by the formula, "Edot-e ry fiovXrj nai ra 
frifiu : then the tribe was mentioned in whose pryt- 
any the decree was passed ; then the names of the 
yoa/i/jiaTEvg or scribe, and chairman ; and, lastly, that 
of ths author of the resolution. Examples of this 
form occur in Andocides ; 7 thus : "Edofr 1-77 fiovXy 
Kal Tu firtfUf), Alavrlg eTrpyrdvcve, KTieoytvqg kypa.fi- 
fiareve, BoTjdog ETrecTuTei, rude ArjixotyavGc cvviypa- 
tpev* From the archonship of Eucleides till about 
B.C. 325, the decrees commence with the name of 



1. (Hellen., i., 7, $ 9 ; vii., 1, (, 2.)— 2. (Demosth., c. Timocr., 
715.)— 3. (Schomann, De Ath. Com., p. 103, transl.) — 4. (Aris- 
toph., Thesm., 9.90.)— 5. (De Ath. Corn., p. 106, transl.) — 6. 
(Demo8th.,c. Arist., 651.)— 7. (De Mvst., r>. 13.)— 8. (Compare 
Thury.J., i*., 118.) * 



the archon ; then come the day of the month, tl« 
tribe in office, and, lastly, the name of the proposer. 
The motive for passing the decree is next stated ; 
and then follows the decree itself, prefaced with the 
formula dedoxdai ry fiovly Kal rti r%z^. The reader 
is referred to Demosthenes, De Corona, for exam- 
ples. After B.C. 325, another form was used, which 
continued unaltered till the latest times. 1 We will 
here briefly state the difference between the vofioi 
and xpn^ia/iaTa : it is as follows : The former were 
constitutional laws ; the latter, decrees of the peo- 
ple on particular occasions. 3 

Mention has just been made of the ypa/jfiarevg, 
whose name was affixed to the ipr/cpco-fiara, as in the 
example given above : it may be as well to explain 
that this functionary was a clerk chosen by lot by 
the senate in every prytany, for the purpose of keep- 
ing the records, and resolutions passed during that 
period ; he was called the clerk according to the 
prytany (6 Kara izpyravelav), and the name of the 
clerk of the first prytany was sometimes used to 
designate the year. 3 

With respect to the power of the senate, it must 
be clearly understood that, except in cases of small 
importance, they had only the right of originating^ 
not of finally deciding on public questions. Since, 
however, the senators were convened by the pry- 
tanes every day, except on festivals or dyerol j]{ie 
pat* it is obvious that they would be fit recipien* 
of any intelligence affecting the interests of th' 
state, and it is admitted that they had the right of 
proposing any measure to meet the emergency ; foz 
example, we find that Demosthenes gives them an 
account of the conduct of iEschines and himself, 
when sent out as ambassadors to Philip, in conse- 
quence of which they propose a bill to the people. 
Again, when Philip seized on Elateia (B.C. 338), 
the senate was immediately called together by the 
prytanes to determine what was best to be done.* 
But, besides possessing the initiatory power of which 
we have spoken, the senate was sometimes delega- 
ted by the people to determine absolutely about par- 
ticular matters, without reference to the assembly. 
Thus we are told 6 that the people gave the senate 
power to decide, about sending ambassadors to Phil- 
ip ; and Andocides 7 informs us that the senate was 
invested with absolute authority 8 to investigate the 
outrages committed upon the statues of Hermes 
previously to the sailing of the Sicilian expedition. 

Sometimes, also, the senate was empowered to 
act in conjunction with the nomothetse (ovvvofio- 
derelv), as on the revision of the laws after the ex 
pulsion of the Thirty by Thrasybulus and his party, 
B.C. 403. 9 Moreover, it was the province of the 
senate to receive dcayytkiat, or informations of ex- 
traordinary crimes committed against the state, and 
for which there was no special law provided. The 
senate in such cases either decided themselves, or 
referred the case to one of the courts of the helieea, 
especially if they thought it required a higher pen- 
alty than it was competent for them to impose, viz., 
500 drachmae. It was also their duty to decide on 
the qualification of magistrates, and the character 
of members of their own body. (Vid. Dokimasia.) 
But, besides the duties we have enumerated, the 
senate discharged important functions in cases of 
finance. All legislative authority, indeed, in such 
matters rested with the people, the amount of ex- 
penditure and the sources of revenue being deter- 
mined by the decrees which they passed ; but the 
administration was intrusted tl^the senate, as the 

1. (SchSmann, p. 136, transl.)— 2. (Thucyd., iii., 36, ed. Ar- 
nold.)— 3. (Pollux, Onom., viii., 98.— Hdckh, vol. i., p. 250, transl.) 
—4. (Pollux, viii., 95.)— 5. (Demosth., Dc Fals. Leg., 346.— T>« 
Cor., 284.)— 6 (Demosth.. De Fals. Leg., 389.)— 7. (Dr Myst.; 
— 8. (r/v yap avTOKpurwp.'}- -9. (Andocid., Dc Myst., p. 12. — De 
mosth., c. Tin ocr., p 708 '. 

169 



BOl LE. 



BOULE. 



executive power of the state, and responsible {vizei- 
Qwog) to the people. Thus Xenophon 1 tells us that 
the senate was occupied with providing money, 
with receiving the tribute, and with the manage- 
ment of naval affairs and the temples ; and Lysias 2 
makes the following remark : " When the senate 
has sufficient money for the administration of af- 
fairs, it does nothing wrong ; but when it is in want 
of funds, it receives informations, and confiscates 
the property of the citizens." The letting of the 
duties {re?aJvaC was also under its superintendence, 
and those who were in possession of any sacred or 
public moneys (iepa nai baa) were bound to pay 
them into the senate-house ; and in default of pay- 
mc nt, the senate had the power of enforcing it, in 
coaformity with the laws for the farming of the du- 
ties {ol TeXuviicoi vSfioi). The accounts of the mon- 
eys that had been received, and of those still re- 
maining due, were delivered to the senate by the 
apodectae, or public treasurers. (Vid. Apodect^e.) 
" The senate arranged, also, the application of the 
public money, even in trifling matters, such as the 
salary of the poets, the superintendence of the cav- 
alry maintained by the state, and the examination 
of the infirm (ddvvaroi) supported by the state, are 
particularly mentioned among its duties ; the public 
debts were also paid under its direction. From this 
enumeration we are justified in inferring that all 
questions of finance were confided to its supreme 
regulation." 3 Another very important duty of the 
senators was to take care that a certain number of 
triremes was built every year, for which purpose 
they were supplied with money by the state ; in 
default of so doing, they were not allowed to claim 
the honour of wearing a crown or chaplet (artya- 
vog) at the expiration of their year of office.* 

It has been already stated that there were two 
classes or sets of proedri in the senate, one of which, 
amounting to ten in number, belonged to the presi- 
ding tribe ; the other consisted of nine, chosen by 
lot by the chairman of the presiding proedri from 
the nine non-presiding tribes, one from each, as 
often as either the senate or the people were con- 
vened. It must be remembered that they were not 
elected as the other proedri, for seven days, but 
only for as many hours as the session of the sen- 
ate, or meeting of the people, lasted. Now it has 
been a question what were the respective duties of 
these two classes : but we have no hesitation in 
stating our conviction that it was the proedri of the 
presiding tribe who proposed to the people in as- 
sembly the subjects for discussion ; recited, or 
caused to be recited, the previous bill {TvpoBovlevfia) 
of the senate ; officiated as presidents in conjunc- 
tion with their k-Kiardr^q, or chairman, and dischar- 
ged, in fact, all the functions implied by the words 
XprjfiaTi&iv 7rpbg rbv dfjfiov. For ample arguments 
in support of this opinion, the reader is referred to 
Schbmann. 5 It does indeed appear, from decrees 
furnished by inscriptions and other authorities, that 
in later times the proedri of the nine tribes exercised 
some of those functions which the orations of De- 
mosthenes and his contemporaries justify us in as- 
signing to the proedri of the presiding tribe. It must, 
nowever, be remarked, that all such decrees were 
passed after B.C. 308, when there were twelve 
tribes ; and that we cannot, from the practice of 
those days, arrive at any conclusions relative to 
the customs of former ages. 

If it is asked what, then, were the duties of these 
proedri in earlier times, the answer must be in a 
great measure conjectural ; but the opinion of Scho- 
mann on this point seems very plausible. He ob- 

1. (De Rep. Ath., iii., 2.)— 2. (c. Nicom., 185.)— 3. (Bockh, 
rol. i , p. 208, transl.)— 4. (Arg. Orat., c. And™*.)— 5. (De Ath. 
Com , p. 83, transl.) 

J70 



serves tr»at the prytanes had extensive and impor- 
tant duties intrusted to them ; that they were all 
of one tribe, and therefore closely connected ; that 
they officiated for thirty-five days as presidents of 
the representatives of the other tribes ; and that 
they had ample opportunities of combining for the 
benefit of their own tribe at the expense of the com- 
munity. To prevent this, and watch their conduct 
whenever any business was brought before the sen 
ate and assembly, may have been the reason for ap 
pointing, by lot, nine other quasi-presidents, repre 
sentatives of the non-presiding tribes, who would 
protest and interfere, or approve and sanction, as 
they might think fit. Supposing this to have been 
the object of their appointment in the first instance, 
it is easy to see how they might at least have been 
united with the proper proedri in the performance 
of duties originally appropriated to the latter. 

In connexion with the proedri, we will explain 
what is meant by the phrase r] ivpoedpevovca Qvlj. 
Our information on this subject is derived from the 
speech of ^Eschines against Timarchus, who in- 
forms us that, in consequence of the unseemly con- 
duct of Timarchus on one occasion before the as- 
sembly, a new law was passed, in virtue of which 
a tribe was chosen by lot to keep order, and sit as 
presidents under the fiyjia, or platform on which the 
orators stood. No remark is made on the subject 
to warrant us in supposing that senators only were 
elected to this office ; it seems more probable that 
a certain number of persons was chosen from the 
tribe on which the lot had fallen, and commissioned 
to sit along with the prytanes and the proedri, and 
that they assisted in keeping order. We may here 
remark, that if any of the speakers (pfjropeg) mis- 
conducted themselves either in the senate or the 
assembly, or were guilty of any act of violence to 
the emoTa-Tvc;, after the breaking up of either, the 
proedri had the power to inflict a summary fine, or 
bring the matter before the senate and assembly at 
the next meeting, if they thought the case requi- 
red it. 1 

The meetings of the senate were, as we learn 
from various passages of the Attic orators, open to 
strangers ; thus Demosthenes 2 says that the sen- 
ate-house was, on a particular occasion, full of 
strangers (fieorbv rjv idiuruv) : in ^Eschines 3 we 
read of a motion "that strangers do withdraw" 
(/ueTaaTTjodfievoc rovg idiurag 4 ). Nay, private indi- 
viduals were sometimes, by a special decree, au- 
thorized to come forward and give advice to the 
senate. 5 The senate-house was called to fiovlev- 
rrjpLov, and contained two chapels, one of Zev? pov- 
haio?, another of 'Adrjvd [SovXaia, in which it was cus- 
tomary for the senators to offer up certain prayers 
before proceeding to business. 6 

The prytanes also had a building to hold their 
meetings in, where they were entertained at the 
public expense during their prytany. This was 
called the npvTaveiov, and was used for a variety of 
purposes. (Vid. Prytaneion.) Thucydides, 7 in- 
deed, tells us that, before the time of Theseus, every 
city of Attica had its fiovTiEVTrjpiov and Trpvraveiov : 
a statement which gives additional support to the 
opinion that Solon did not originate the senate at 
Athens. 

The number of tribes at Athens was not always 
ten ; an alteration took place in B.C. 306, when 
Demetrius Poliorcetes had liberated the city from 
the usurpation of Cassander. Two were then add- 
ed, and called Demetrias and Antigonis, in honour 
of Demetrius and his father. 8 It is evident that 



1. (^sch., c. Timarch., 5.)— 2. (De Fals. Leg., 346.)— 3. (. 
Ctes., 71, 20.)— 4. (Dobree, Advers., i., 542.)— 5. (Andoc., De 
Myst.)— 6. (Antiph., De Chor., p. 787.)— 7. (ii., 15.) — 8. (CL» 
ton, F. H., ii., 343.) 



BRACLE. 



BRAOE 



this change, aid the consequent addition of 100 
members to the senate, must have varied the or- 
der and length of the prytanes. The trihes just 
mentioned were afterward called Ptolema'is and At- 
talis ; and in the time of Hadrian, who beautified 
and improved Athens, 1 a thirteenth was added, call- 
ed from him Hadrianis. An edict of this emperor 
has been preserved, which proves that even in his 
time the Athenians kept up the show of their former 
institutions. 

BOTAET'2Ei22 TPA$H (Bovlevaeuc ypa<pj), an 
impeachment for conspiracy. Bovfavoeoc, being in 
this case the abbreviated form of eirttovievoeuc, is 
the name of two widely different actions at Attic 
law. The first was the accusation of conspiracy 
against life, and might be instituted by the person 
thereby attacked, if competent to bring an action ; 
otherwise, by his or her legal patron (nvpioc). In 
case of the plot having succeeded, the deceased 
might be represented in the prosecution by near 
kinsmen (ol hrbc avexpioTrjToc), or, if they were in- 
competent, by the nvptog, as above mentioned. 3 
The criminality of the accused was independent of 
the result of the conspiracy, 3 and the penalty, upon 
conviction, was the same as that incurred by the 
actual murderers.* The presidency of the court, 
upon a trial of this kind, as in most Sinai ipovacai, 
belonged to the king archon, 6 and the court itself 
was composed of the ephetae, sitting at the Palladi- 
um, according to Isaeus and Aristotle, as cited by 
Harpocration, who, however, also mentions that 
the Areiopagus is stated by Dinarchus to have been 
the proper tribunal. 

The other action, (3ov2,evaeuc, was available upon 
z. person finding himself wrongfully inscribed as a 
state debtor in the registers or rolls, which were 
kept by the different financial officers. Meier, 6 
however, suggests that a magistrate that had so 
offended would probably be proceeded against at 
the evdvvai, or kmxeipoToviai, the two occasions 
upon which the public conduct of magistrates was 
examined, so that, generally, the defendant in this 
action would be a private citizen, that had directed 
such an insertion at his own peril. From the pas- 
sage in Demosthenes, it seems doubtful whether the 
disfranchisement (uriuia) of the plaintiff as a state 
debtor was in abeyance while this action was pend- 
ing. Demosthenes at first asserts, 7 but afterward 8 
argues that it was not. See, however, Meier, 9 and 
Bockh's note. 

There is no very obvious distinction laid down 
between this action and t^evdeyypa^c : but it has 
been conjectured by Suidas, from a passage in Ly- 
curgus, that the latter was adopted when the de- 
fendant was a debtor to the state, but found his 
debt wrongly set down, and that povlevoeug was 
the remedy of a discharged debtor again registered 
for the debt already paid. 20 If the defendant lost his 
cause, his name was substituted for that of the 
plaintiff. 11 The cause was one of the ypatyai idiot 
that came under the jurisdiction of the thesmo- 
thetsB 12 

BOULEUTERTON. (Vid. Boule.) 

BRAC^E or BRACCJG (uvafypiAec), trousers, 
pantaloons. 

These, as well as various other articles of armour 
and of dress (vid. Acinaces, Arcus, Armilla), were 
common to all the nations which encircled the 
Grepk and Roman population, extending from the 
Indian to the Atlantic Ocean. Hence Aristagoras, 
king of Miletus, in his interview with Cleomenes, 

1. (Pausan., i., 18, $ 6.)— 2. (Meier, Att. Process, 164.)— 3. 
(Harpociat.) — 4. (Andoc, De Myst., 46, 5.) — 5. (Meier, Att. 
Process, 312.)— 6. (Att. Process, 339.)— 7. (c. Aristog., i., 778, 
19.)— 8. (792, 1.)— 9. (Att. Process, 340.)— 10. (Petit, Leg. Att., 
467.)— 11. I Demosthenes, c. Aristog., 792.)— 12. (Att. Process, 
l.o.) 



king of Sparta, described the attire of a large poi 
tion of them in these terms: "They carry bows 
and a short spear, and go to battle in trousers and 
with hats upon their heads." 1 Hence, also, tLs 
phrase Braccati militis arcus, signifying that those 
who wore trousers were in general armed with the 
bow. 9 In particular, we are informed of the use of 
trousers or pantaloons among the following nations : 

I. The Medes and Persians (jvepl ra okeIeo uval-v- 
pidag 3 ). 2. The Parthians and Armenians.* i*. 
The Phrygians. 5 4. The Sacae (avatjvpidac tvdt- 
dvnecrav 6 ). 5. The Sarmatae (Sarmaticce braccce 1 ). 
6. The Dacians and Getae. 8 7. The Teutones. 9 

8. The Franks (ava^vpidac, ol ulv "ktvaq, ol 6s onv- 
rivac, dia^uvvvfievoi role gke^egi irepiafinioxovTai 10 ). 

9. The Belgse (ava^vpiat xpuvrai TrepiTerafievaic 11 ). 

10. The Britons (veteres braccoe Britonis pauperis 1 *). 

II. The Gauls (Gallia Bracata, now Provence; 1 ' 
sagatos bracatosque; 1 * xpuvrai uvat-vpiai, ac ekeIvoi 
fipdnac 7cpooayopevovoL 15 ). 

The Gallic term " brakes," which Diodorus Sic- 
ulus has preserved in the last-cited passage, also 
remains in the Scottish " breeks" and the English 
" breeches." Corresponding terms are used in all 
the northern languages. 16 Also the Cossack and 
Persian trousers of the present day differ in no ma- 
terial respect from those which were anciently worn 
in the same countries. 

In conformity with the preceding list of testimo- 
nies, the monuments of every kind which contain 
representations of the nations included in it, exhibit 
them in trousers, thus clearly distinguishing them 
from Greeks and Romans. An example is seen in 
the annexed group of Sarmatians, taken from tb* 
column of Trajan. 




The proper braccas of the eastern and northern 
nations were loose (Kexa^aafxhat ; 17 laxce 1 *), and they 
are therefore very aptly, though ludicrously, de- 
scribed in Euripides as " variegated bags" (rove \9v- 
?lukovc rove 7roiKiXovc 19 ). To the Greeks they must 
have appeared highly ridiculous, although Ovid men- 
tions the adoption of them by the descendants of 
some of the Greek colonists on the Euxine. 80 

Trousers were principally wooden ; but Agathias 
states 81 that in Europe they were also made of linen 
and of leather ; probably the Asiatics made them of 
cotton and of silk. Sometimes they were striped 
(vir gates, 7 *), ornamented with a woof of various col- 

1. (Herod., v., 49.)— 2. (Propert., iii., 3, 17.)— 3. (Herod, vii., 
61,62.— Xen., Cyrop., viii., 3, 13.— Diod. Sic, xvii., 77.— " Per- 
sicabracca:" Ovid, Trist., v., 11, 34. — "Braccati Medi:" Pers., 
Sat., iii., 53.)— 4. (Arrian, Tact., p. 79.) — 5. (Val. Flacc., 
vi.,230.)— 6. (Herod., vii., 64.)— 7. (Val. Flacc, v., 424.— Lucan, 
i., 430.)— 8. (Ovid, Tnst., iii., 10, 19; v.,8, 49.)— 9. (Propert., 
iv., 11.)— 10. (Agath., Hist., ii., 5.) -11. (Strab., iv., 4, 3 )— 12 
(Mart., xi., 22.)— 13. (Pomp. Mela, ii., 5, 1.)— 14. (Cic, Pro M. 
Font., 11.)— 15. (Diod. Sic, lv., 30.)— 16. (Ihre, Glossar. Suio 
Goth., v. Brackor.)— 17. (Arrian.)— 18. (Ovid and Lucau, i! 
cc)— 19. (Cyclops, 182.)— 20. (Trist., v., 11, 34.)— 21. (1. c.J- 
22. (Propert., iv., 11, 43.) 



BRASSICA. 



BREVIARILM. 



ours, 1 or embroidered. 3 They gradually came into 
use at Rome under the emperors. Severus wore 
them, and gave them as presents to his soldiers, 3 
but the use of them was afterward restricted by 
Honorius. 

BRACHIA'LE. (Vid. Armilla.) 

BRASIDEI'A (Bpaal Seta), a festival celebrated at 
Sparta in honour of their great general Brasidas, 
who, after his death, received the honours of a 
hero.* It was held every year with orations and 
contests, in which none but Spartans were allowed 
to partake. 

Brasideia were also celebrated at Amphipolis, 
which, though a colony of Athens, transferred the 
honour of KTlarrjc from Hagnon to Brasidas, and 
paid him heroic honours by an annual festival with 
sacrifices and contests. 5 

♦BRASSICA (upapdn), the Cabbage. Some va- 
rieties of this plant have been cultivated from the 
very earliest times of which we have any record. 
But the migrations and changes of the best sorts 
have not been traced ; neither is it at all probable 
that the varieties which the ancients enjoyed have 
descended to us unaltered. Three kinds of cab- 
bage were known to the Romans in the time of Ca- 
to : 6 the first had a large stalk, and leaves also of 
considerable size ; the second had crisped leaves ; 
the third, which was the least esteemed, had small- 
sized leaves and a bitterish taste. According to 
Columella, the brassica or cabbage was a favourite 
edible with the Romans, and in sufficient plenty to 
be even an article of food for slaves. It was sown 
and cut ad the year round ; the best time, however, 
for planting it was after the autumnal equinox. 
When it had been once cut after this, it put forth 
young and tender shoots the ensuing spring. Api- 
cius, however, the famous gourmand, disdained to 
employ these, and inspired the young prince Drusus 
with the same dislike towards them, for which, ac- 
cording to Pliny, 7 he was reproved by his father 
Tiberius. This same writer mentions various kinds, 
of which the most esteemed was that of Aricia, with 
numerous and very thick leaves. Cato's second 
kind, the Olus Apianum (more correctly Apiacon), is 
the Brassica viridis crispa of Bauhin. The Olus 
Aricium is the Brassica cleracea gongylo'ides, L. ; 
the Brassica Halmyridia is thought to have been 
the Crambe maritime.; some, however, are in fa- 
vour of the Convolvulus soldanella. "It is uncer- 
tain," observes Beckmann, " whether we still pos- 
sess that kind of cabbage which the ancients, to 
prevent intoxication, ate raw like salad." 8 Of red 
cabbage no account is to be found in any ancient 
author. The ancient Germans, and, in fact, all the 
northern nations of Europe, cultivated the cabbage 
from very remote times. The Saxon name for Feb- 
ruary is sprout-kale, and that is the season when the 
sprouts from the old stalks begin to be fit for use. 
The Saxons must of course, therefore, have been 
familiar with the culture of cabbage or kale, as it is 
not at all probable that they invented the name af- 
ter their settlement in Britain. "We nowhere find 
among the Greeks and Romans any traces of that 
excellent preparation of cabbage called by the Ger- 
mans sour-kraut, though the ancients were acquaint- 
ed with the art of preparing turnips in the same 
manner. 9 Whether sour-kraut be a German inven- 
tion appears somewhat doubtful, if the statement of 
Belon be correct, who informs us that the Turks in 



1. (Eurip., 1. c— Xen., Anab., i., 5, t> 8. — " Picto subtemine :" 
Val. Flacc, vi.,230.)— 2. (Virg., JEn., xi.,777.)— 3. (Lampr., Al. 
Sev., 40.)— 4. (Pans., hi., 14, t> 1.— Arist., Eth. Nic.,v., 7.)— 5. 
(Thucyd., v., 11.)— 6. (Plin., H. N., xix., 8.— Fee, ad loc.)— 7. 
{Plin., 1. c.)— 8. (Niclas, in Geopon., v., 11, 3, p. 345.)— 9. (Li- 
brary of Ent. Knowl., vol. xv., p. 258. — Columella, xii., 54. — 
Pallad., Decern., 5, p. 1011 — Nicander, ap. Athen., iv., p. 133.) 
172 



his time were accustomed to pickle cabbage fin 
winter food. 1 

*BRATH"i* (flpddv), the Savine, or Junipcrus S& 
Una, L. According to Pliny, there were two kinds, 
the one resembling the tamarisk, the other the cy- 
press ; and hence some called the latter the Cretan 
cypress. The two species described by Dioscori- 
des are hence supposed by Sprengel to be the tasM- 
riscifolia and cypressifolia. 

BRAURO'NIA (Bpavpuvia), a festival celebrated 
in honour of Artemis Brauronia, in the Attic town 
of Brauron,' where, according to Pausanias,' Ores- 
tes and Iphigenia, on their return from Tauria, were 
supposed by the Athenians to have landed, and left 
the statue of the Taurian goddess. 4 It was held 
every fifth year, under the superintendence of ten 
iepoTcoioi ; 5 and the chief solemnity consisted in the 
circumstance that the Attic girls between the ages 
of five and ten years, dressed in crocus-coloured 
garments, went in solemn procession to the sanc- 
tuary, 6 where they were consecrated to the god- 
dess. During this act the lepoTcoioi sacrificed a 
goat, and the girls performed a propitiatory rite in 
which they imitated bears. This rite may have 
simply arisen from the circumstance that the bear 
was sacred to Artemis, especially in Arcadia ; 7 but 
a tradition preserved in Suidas 8 relates its origin as 
follows : In the Attic town of Phanidae a bear, was 
kept, which was so tame that it was allowed to go 
about quite freely, and received its food from and 
among men. One day a girl ventured to play with 
it, and, on treating the animal rather harshly, it 
turned round and tore her to pieces. Her brothers, 
enraged at this, went out and killed the bear. The 
Athenians now were visited by a plague ; and when 
they consulted the oracle, the answer was given 
that they would get rid of the evil which had be- 
fallen them if they would compel some of their cit- 
izens to make their daughters propitiate Artemis by 
a rite called dpKrevetv, for the crime committed 
against the animal sacred to the goddess. The 
command was more than obeyed ; for the Atheni- 
ans decreed that from thenceforth all women, be- 
fore they could marry, should have once taken part 
in this festival, and have been consecrated to the 
goddess. Hence the girls themselves were called 
upKTot, the consecration apuTeia, the act of conse- 
crating apureveiv, and to celebrate the festival apu- 
reveadai. 9 But as the girls, when they celebrated 
this festival, were nearly ten years old, the verb de- 
Kareveiv was sometimes used instead of apuTevetv 
According to Hesychius, whose statement, howev- 
er, is not supported by any other ancient authority; 
the Iliad was recited on this occasion by rhapso- 
dists. 

There was also a quinquennial festival called 
Brauronia, which was celebrated by men and disso- 
lute women, at Brauron, in honour of Dionysus. 1 * 
Whether its celebration took place at the same time 
as that of Artemis Brauronia (as has been supposed 
by Miiller, 11 in a note, which has, however, been 
omitted in the English translation) must remain un- 
certain, although the very different characters of 
the two festivals incline us rather to believe that 
they were not celebrated at the same time. 

BREVIA'RIUM or BREVIA'RIUM ALARICI. 
A'NUM. Alaric the Second, king of the Visigoths, 
who reigned from A.D. 484 to A.D. 507, in the 



1. (Bellonii Observ. Itiner., hi., 27, p. 186.— Beckmann, Hist. 
Invent., vol. iv., p. 265, seqq.) — 2. (Herod., vi., 138.)— 3. (i., 23, 
$ 9 ; 38, U ; hi., 16, $ 6 ; viii., 46, t) 2.)— 4. (Vid. Miiller, Do 
rians, i., 9, $ 5 and 6.) —5. (Pollux, Onom., viii., 9, 31.) — 6. 
(Suidas, s. v. "ApKToj. — Schol. in Aristoph., Lysistr., 646.)— 7. 
(Miiller, Dorians, ill 9, t> 3.)— 8. (s. v. "Ap/croj.)— 9. (Hesych. 
— Harpocrat.— ScholJ in Aristoph., 1. c.)— 10. (Aristoph., Pax, 
870.— Schol. in loc— Suid., s. v. Bpuupwv.)— 11. (Dorian*, ii., 
9, * 5.) 



BRIDGE. 



BRIDGE. 



Iwenty-second year of his reign (A.D. 506) com- 
missioned a body of jurists, probably Romans, to 
make a selection from the Roman laws and the Ro- 
man text-wu:ers, which should form a code for the 
use of his Roman subjects. The code, when made, 
was confirmed by the bishops and nobility ; and a 
copy, signed by Anianus, the referendarius of Ala- 
ric, was sent to each comes, with an order to use 
no other law or legal form in his court (ut in foro 
tuo nulla alia lex neque juris formula profcrri vel re- 
cipi prasumatur). The signature of Anianus was 
for the purpose of giving authenticity to the official 
copies of the code ; a circumstance which has been 
so far misunderstood that he has sometimes been 
considered as the compiler of the code. This code 
has no peculiar name, so far as we know : it was 
called Lex Romana, and, at a later period, frequent- 
ly Lex Theodosii, from the title of the first and most 
important part of its contents. The name Brevia- 
rium, or Breviarium Alaricianum, does not appear 
before the sixteenth century. 

The following are the contents of the Breviarium, 
with their order in the code : 1. Codex Theodosia- 
nus, xvi. books. 2. Novelise of Theodosius II., Val- 
entian III., Marcian, Majorian, Severus. 3. The 
Institutions of Gaius. 4. Pauli Receptee Senientiae, 
v, books. 5. Codex Gregorianus, 13 titles. 6. Co- 
dex Hermogenianus, 2 titles. 7. Papinianus, lib. i., 
Responsorum. 

The code was thus composed of two kinds of ma- 
terials, imperial constitutions, which, both in the 
code itself, and the commonitorium or notice prefix- 
ed to it, are called Leges ; and the writings of Ro- 
man jurists, which are called Jus. Both the Codex 
Gregorianus and Hermogenianus, being compila- 
tions made without any legal authority, are included 
under the head of Jus. The selections are extracts, 
which are accompanied with an interpretation, ex- 
cept in the case of the Institutions of Gaius ; as a 
general rule, the text, so far as it was adopted, was 
not altered. The Institutions of Gaius, however, 
are abridged or epitomized, and such alterations as 
were considered necessary for the time are intro- 
duced into the text : this part of the work required 
no interpretation, and, accordingly, it has none. 

This code is of considerable value for the history 
of Roman law, as it contains several sources of the 
Roman law which otherwise are unknown, espe- 
cially Paulus and the first five books of the Theo- 
dosian Code. Since the discovery of the Institu- 
tions of Gaius, that part of this code is of less value. 

The author of the Epitome of Gaius in the Bre- 
viarium paid little attention to retaining the words 
of the original, and a comparison of the Epitome 
and the MS. of Gaius is therefore of little advan- 
tage in this point of view. The Epitome is, how- 
ever, still useful in showing what subjects were dis- 
cussed in Gaius, and thus filling up (so far as the 
material contents are concerned) some of the lacu- 
nae of the Verona MS. 

A complete edition of this code was undertaken 
by Sichard, in his Codex Theodosianus, Basileae, 
1528, small folio. The whole is contained in the 
edition of the Theodosian Code by Cujacius, Lugd., 
1566, folio. The Theodosian Code and the Novelise 
alone are contained in the editions of Marville and 
Ritter; the remainder is contained in Schulting, 
Jurisprudentia Vetus Ante-Justinianea, Lugd. Bat., 
1717. The whole, together with the fragments of 
Ulpian and other things, is contained in the Jus Ci- 
vile Antejustinianeum, Berlin, 1815. x 

BRIDGE (yfyvpa, pons). The most ancient 
bridge upon record, of which the construction has 
been described, is the one erected by Nitocris over 

1. (Savigny, Geschichte des RSm. Rechts in Mittelalter, ii., 
• 8. — Gaius, Praefatio Prima Editioni Praemissa.) 



the Euphrates at Babylon. 1 It was in the nature 
of a drawbridge, and consisted merely of stone 
piers without arches, but connected with one an- 
other by a framework of planking, which was re- 
moved at night to prevent the inhabitants from pass- 
ing over from the different sides of the river to com- 
mit mutual depredations. The stones were fast- 
ened together by iron cramps soldered with lead, 
and the piers were built while the bed of the riveT 
was free from water, its course having been divert- 
ed into a large lake, which was again restored to 
the usual channel when the work had been com- 
pleted. 3 Compare the description given by Diodo- 
rus Siculus, 3 who ascribes the work to Semiramis 

Temporary bridges constructed upon boats, call- 
ed cxe&ai* were also of very early invention. Da- 
rius is mentioned as having thrown a bridge of this 
kind over the Thracian Bosporus ; 5 but we have no 
details respecting it beyond the name of its archi- 
tect, Mandrocles of Samos.' The one constructed 
by order of Xerxes across the Hellespont is more 
celebrated, and has been minutely described by He- 
rodotus. 7 It was built at the place where the Cher- 
sonese forms almost a right angle, between the 
towns of Sestos and Madytus on the one side, and 
Abydos on the other. The first bridge which was 
constructed at this spot was washed away by a 
storm almost immediately after it was completed, 8 
and of this no details are given. The subsequent 
one was executed under the directions of a different 
set of architects. 9 Both of them appear to have 
partaken of the nature of suspension bridges, the 
platform which formed the passage-way being se- 
cured upon enormous cables formed by ropes of 
flax (Xevkomvov) and papyrus (8v6Xlvuv) twisted 
together, and then stretched tight by means of wind- 
lasses (ovoi) on each side. 

The bridges hitherto mentioned cannot be strict- 
ly denominated Greek, although the architects by 
whom the last two were constructed were natives 
of the Greek islands. But the frequent mention of 
the word in Homer proves that they were not un- 
common in Greece, or, at least, in the western part 
of Asia Minor, during his time. The Greek term 
for a permanent bridge is ys<j>vpa, which the ancient 
etymologists connected with the Gephyraei (Te<f>v- 
paioi), a people whom Herodotus 10 states to have 
been Phoenicians, though they pretended to have 
come from Eretria ; and the etymologists accord- 
ingly tell us that the first bridge in Greece was 
built by this people across the Cephissus ; but such 
an explanation is opposed to sound etymology and 
common sense. As the rivers of Greece were small, 
and the use of the arch known to them only to a 
limited extent {vid. Arcus), it is probable that their 
bridges were built entirely of wood, or, at best, were 
nothing more than a wooden platform supported 
upon stone piers at each extremity, like that of Ni- 
tocris described above. Pliny 11 mentions a bridge 
over the Acheron 1000 feet in length, and also 
says 19 that the island Eubcea was joined to Bceotia 
by a bridge ; but it is probable that both these works 
were executed after the Roman conquest. 

In Greece also, as well as in Italy, the term 
bridge was used to signify a roadway raised upon 
piers or arches to connect the opposite sides of a 
ravine, even where no water flowed through it." 

The Romans were undoubtedly the first people 
who applied the arch to the construction of bridges, 
by which they were enabled to erect structures of 
great beauty and solidity, 'is well as utility ; for by 

1. (Herod., i., 186.)— 2. (Herod., 1. c.)— 3. (ii., vol. i., p. 121, 
ed. Wesseling.) — 4. (Hcsych., s. v. — Herod., vii., 36. — ^Esch., 
Pers., 69, ed. Blomf. et Gloss.) — 5. (Herod., iv., 83, 85.)— 6. 
(Herod., iv., 87, 88.) — 7. (vii., 36.) —8. (Herod., vii., 34.) — 9- 
(Id., 36.)— 10.(r., 57.)— 11. (H. N., iv., 1.)— 12. (iv., 21.)— 13 
tTriv yedtvpav, tj iitl r<2> vdnei ijv : Xen., Anab., vi.. 5, i) 22.) 

173 



BRIDGE. 



BRIDGE. 



this means the openings between the piers for the 
convenience of navigation, which in the bridges of 
Babylon and Greece must have been very narrow, 
could be extended to any necessary span. 

The width of the passage-way in a Roman bridge 
was commonly narrow, as compared with modern 
structures of the same kind, and corresponded with 
the road (via) leading to and from it. It was divided 
into three parts. The centre one, for horses and 
carriages, was denominated agger or iter ; and the 
raised footpaths on each side (decursoria), which 
were enclosed by parapet walls similar in use and 
appearance to the pluteus in the basilica. (Vid. 
Basilica, p. 142.) 

Eight bridges across the Tiber are enumerated 
by P. Victor as belonging to the city of Rome. Of 
these, the most celebrated, as well as the most an- 
cient, was the Pons Sublicius, so called because it 
was built of wood ; subliccs, in the language of the 
Formiani, meaning wooden beams. 1 It was built 
by Ancus Marcius, when he united the Janiculum to 
the city, 2 and became renowned from the well- 
known feat of Horatius Codes in the war with 
Porsenna. 3 In consequence of the delay and diffi- 
culty then experienced in breaking it down, it was 
reconstructed without nails, in such a manner that 
each beam could be removed and replaced at pleas- 
ure.* It was so rebuilt by the pontifices, 5 from 
which fact, according to Varro, 6 they derived their 
name ; and it was afterward considered so sacred, 
that no repairs could be made in it without previous 
sacrifice conducted by the pontifex in person. 6 In 
the age of Augustus it was still a wooden bridge, 
as is manifest from the epithet used by Ovid : 8 

li Turn quoque priscorum Virgo simulacra virorum 
Miitere roboreo scirpea ponte solet ;" 

in which state it appears to have remained at the 
time of Otho, when it was carried away by an in- 
undation of the Tiber. 9 In later ages it was also 
called Pons Mmilius, probably from the name of the 
person by whom it was rebuilt ; but who this iEmil- 
ius was is uncertain. It may have been iEmilius 
Lepidus the triumvir, or probably the ^Emilius Lep- 
idus who was censor with Munatius Plancus, under 
Augustus, ten years after the Pons Sublicius fell 
down, as related by Dion Cassius. 10 We learn from 
P. Victor, in his description of the Regio xi., that 
thp.sp. two bridges were one and the same : "iEmil- 



ius qui ante sublicius." It is called iEmilian oy 
Juvenal 1 and Lampridius, 2 but is mentioned by C a 
pitolinus 3 as the Pons Sublicius ; which passage is 
alone sufficient to refute the assertion of some 
writers, that it was built of stone at the period 
when the name of iEmilius was given to it.* 

This bridge was a favourite resort for beggars, 
who used to sit upon it and demand alms.* Hence 
the expression of Juvenal, 6 aliquis de ponte, for a 
beggar. 7 

It was situated at the foot of the Aventine, and 
was the bridge over which C. Gracchus directed 
his flight when he was overtaken by his opponents. 8 

II. Pons Palatinus formed the communication 
between the Palatine and its vicinities and the Ja- 
niculum, and stood at the spot now occupied by the 
" Ponte Rotto." It is thought that the words of 
Livy 9 have reference to this bridge. It was repaired 
by Augustus. 10 

III., IV. Pons Fabricius and Pons Cestius were 
the two which connected the Insula Tiberina with 
the opposite sides of the river ; the first with the 
city, and the latter with the Janiculum. Both are 
still remaining. The Pons Fabricius was originally 
of wood, but was rebuilt by L. Fabricius, the cura- 
tor viarum, as the inscription testifies, and a short 
time previous to the conspiracy of Catiline ; u which 
passage of Dion Cassius, as well as the words of 
the scholiast on Horace, 12 warrant the assumption 
that it was then first built of stone. It is now 
called " Ponte quattro capi." The Pons Cestius is 
by some authors supposed to have been built during 
the reign of Tiberius by Cestius Gallus, the person 
mentioned by Pliny, 13 though it is more reasonable 
to conclude that it was constructed before the ter- 
mination of the Republic, as no private individual 
would have been permitted to give his own name 
to a public work under the Empire. 1 * The inscrip- 
tions now remaining are in commemoration of Val- 
entinianus, Valens, and Gratianus, the emperors bj 
whom it was restored. Both these bridges are rep- 
resented in the annexed woodcut : that on the 
right hand is the Pons Fabricius, and is curious as 
being one of the very few remaining works which 
bear the date of the Republic ; the Pons Cestius, on 
the left, represents the efforts of a much later age ; 
and, instead of the buildings now seen upon the isl- 
and, the temples which originally stood there, as 
well as the island itself, have been restored. 




v. Pons Janiculensis, \tnich led direct to the 
Janiculum. The name ot its founder and period of 
its construction are unknown ; but it occupied the 
site of the present " Ponte Sisto," which was built 
by Sixtus IV. upon the ruins of the old bridge. 

VI. Pons Vaticanus, so called because it formed 
the communicatior. between the Campus Martius 
and Campus Vaticanus. When the waters of the 
Tiber are very low, vestiges of the piers are still 
discernible at the back of the Hospital of San Spir- 

I. (Festus, s. v. Sublicium.) — 2. (Liv., i., 33. — Dionys. Hal., 
iii., p. 183.)— 3. (Liv., ii., 10.— Val. Max., iii., 2, 1.— Dionys. 
Hal., v., p. 295, seq.)— 4. (Plin., H. N., xxxvi., 23.)— 5. (Dio- 
nys. Hal., p. 183.)— 6. (De Ling. Lat., v., 83.)— 7- (Dionys. Hal., 
m., I. c.)— 8. (Fast., v., 621.)— 9. (Tar*. , Hist., i. 86, who calls 
tr Pons Sublicius.)— 10. (p. 423 r ) 
174 



ito. By modern topographists this bridge is often 
called " Pons Triumphalis," but without any class- 
ical authority ; the inference, however, is not im- 
probable, because it led directly from the Camr;u£ 
to the Clivus Cinnae (now Monte Mario), rrom 
which the triumphal processions descended. 

VII. Pons ^Elius, built by Hadrian, which led 
from the city to the Mausoleum (vid. Mausoleum) of 
that emperor, now the bridge and castle of St. An- 

1. (Sat., vi., 32.)— 2. (Heliog., c. 17.)— 3. (Antonin. Pius, c. 
8.)— 4. (Nardini, Rom. Ant., viii., 3.) — 5. (Senec, De Vit. Beat., 
c. 25.)— 6. (xiv., 134.)— 7. (Compare also Sat., iv., 116.)— 8 
(Plut., Gracch., p. 842, c. — Compare Val. Max., iv., 7, 2. — Ovid, 
Fast., vi., 477.)—9. (xl., 51.)— 10. (Inscrip. ap. Grut., p. 160, 
n. 1.)— 11. (Dion, xxxvii., p. 50.)— 12. (Sat., II., iii., 36.)— 13 
(H. N., x., 60.— Tacit., Ann., vi., 31.)— 14. /Nardini, 1 c.) 



BRIDGE. 



BRIDGE. 



g«lo. A representation of this bridge is given in 
the knowing woodcut, taken from a medal still ex- 
tant. It affords a specimen of the style employed 



at the period when the fine arts aie considered to 
have been at their greatest perfection at Rome. 
VIII. Pons Milvius, on the Via Flaminia, now 



i A 




Fonte Molle, was built by iEmilius Scaurus the 
censor, 2 and is mentioned by Cicero 3 about 45 years 
after its formation. Its vicinity was a favourite 
place of resort for pleasure and debauchery in the 
licentious reign of Nero.* Upon this bridge the am- 
bassadors of the Allobroges were arrested by Cice- 
ro's retainers during the conspiracy of Catiline. 5 
Catulus and Pompey encamped here against Lepi- 
dus when he attempted to annul the acts of Sulla. 6 
And, finally, it was at this spot that the battle be- 
tween Maxentius and Constantine, which decided 
the fate of the Roman Empire, took place (A.D. 312). 
The Roman bridges without the city were far 
too many to be enumerated here. They formed 

ml ■' i 



one of the chief embellishments in all the public 
roads ; and their frequent and stupendous remains, 
still existing in Italy, Portugal, and Spain, attest, 
even to the present day, the scale of grandeur with 
which their works of national utility were always 
carried on. Subjoined is a representation of the 
bridge at Ariminum {Rimini), which remains entire, 
and was commenced by Augustus and terminated 
by Tiberius, as we learn from the inscription, which 
is still extant. It is introduced in order to give the 
reader an idea of the style of art during the age of 
Vitruvius, that peculiar period of transition between 
the austere simplicity of the Republic and the pro- 
fuse magnificence of the Empire. 




The bridg- thrown across the Bay of Baiae by 
Caligula, 7 the useless undertaking of a profligate 
prince v does not require any farther notice ; but 
the bridge which Trajan built across the Danube, 
which is one of the greatest efforts of human inge- 
nuity, must not pass unmentioned. A full account 
of its construction is given by Dion Cassius, 8 and it 
is also mentioned by Pliny. 9 The form of it is 
given in the following woodcut, from a representa- 
tion of it on the column of Trajan at Rome, which 
has given rise to much controversy, as it does not 
agree in many respects with the description of Dion 
Cassius. The inscription, supposed to have be- 
longed to this bridge, is quoted by Leunclavius 10 
and by Gruter. 11 

Sub jugum ecce rapitur et Danuvius. 



It will be observed that the piers only are of 
stone, and the superstructure of wood. 

The Conte Marsigli, in a letter to Montfaucorv 
gives the probable measurements of this structure, 
from observations made upon the spot, which will 
serve as a faithful commentary upon the text -of 
Dion. He considers that the whole line consisted 
of 23 piers and 22 arches, making the whole brUge 
about 3010 feet long, and 48 in height, which are 
much more than the number displayed upon the 
column. But this is easily accounted for without 
impairing the authority of the artist's work. A 
fewer number of arches were sufficient to show the 
general features of the bridge, without continuing 
the monotonous uniformity of the whole line, which 
would have produced an effect ill adapted to the 







purposes of sculpture. It was destroyed by Hadri- 
an, 1 * under the pretence that it would facilitate the 
incursions of the barbarians into the Roman terri- 
tories, but in reality, it is said, from jealousy and 
despair of being able himself to accomplish any 
equally great undertaking, which is supposed to be 

1. (&part., Hadr., c. 19.— Dion.lxix., 797, E.)— 2 (Aur. Vict., 
De Vins Ulustr., c. 27, § &)— 3 (in Cat., iii., 2.)— 4. (Tacit., 
Ann., xiii., 47.)— 5. (Cic. in Cat., iii., 2.)— 6. (Floras, iii., 23.) 
—7. (Dion, Iii., 652, E.— Suet., Calig., 19.)— 8. (Ixviii., 776, 
B.)— 9. (Ep., •viii., 4. — Compare Procopius, De jfcdificiis.) — 10. 
(n. 1041 6 )— 11. fn 44S <U— 12. (Dicn, I. C.) 



confirmed by the fact that he afterward put to death 
the architect, Artemidorus, under whose directions 
it was constructed. 

The Romans also denominated by the name of 
pontes the causeways which in modern language 
are termed "viaducts." Of these, the Pons ad 
Nonam, now called Ponte Nono, near the ninth 
mile from Rome, on the Via Prcenestina, is a fine 
specimen. 

Among the bridges of temporary use, which were 



1. (Giornale de' Litterati d'ltalia, torn. 



xxn.. p. 
175 



116.) 



BRONZE. 



URONZE. 



made for the immediate purposes of a campaign, 
the most celebrated is that constructed by Julius 
Caesar over the Rhine within the short period of 
ten days. It was built entirely of wood, and the 
whole process of its construction is minutely detail- 
ed by its author. 1 An elevation of it is given by 
Palladio, constructed in conformity with the ac- 
count of Caesar, which has been copied in the edi- 
tions of Oudendorp and the Delphin. 

Vegetius, 2 Herodian, 3 and Lucan 4 mention the 
ose of casks (dolia, cupa) by the Romans, to support 
rafts for the passage of an army; and Vegetius 5 
fays that it was customary for the Roman army to 
carry with them small boats (monoxuli) hollowed 
out from the trunk of a tree, together with planks 
and nails, so that a bridge could be constructed and 
bound together with ropes upon any emergency 
without loss of time. Pompey passed the Euphra- 
tes by a similar device during the Mithradatic war. 6 
The annexed woodcut, taken from a bas-relief on 
the column of Trajan, will afford an idea of the 
general method of construction and form of these 
bridges, of which there are several designs upon 
the same monument, all of which greatly resemble 
each other. 




When the Comitia were heM, the voters, in or- 
der to reach the enclosure called septum and ovile, 
passed over a wooden platform, elevated above the 
ground, which was called Pons Suffragiorum, in or- 
der that they might be able to giv.e their votes with- 
out confusion or collusion. 

Pons is also used to signify the platform (enidd- 
f r u, a-n-odddpa) used for embarking in, or disem- 
barking from, a ship. 

" Interca JEneas socio* de puppibus altis 
Pontibus exponit." 1 

The method of using these pontes is represented 
in the annexed woodcut, taken from a very curious 
intaglio, representing the history of the Trojan war, 
discovered at Bovillce towards the latter end of the 
L7th century, which is given by Fabretti, Syntagma 
dj> Column. Trajani, p. 315. 




*BROMOS (fipuuoc or f3p6p,og), a plant, which 
Dierbach makes to be the Avena sativa, "Oats." 
Stackhouse, however, is in favour of the Secale 
Cereale, and Sprengel of the Avena fatua, or " wild 
Oats." 

BRONZE (xoIkoc, as), a compound of copper 
and tin. Other metals are sometimes combined 
with the above ; but the most ancient bronzes, 
properly so called, are found to consist of those two 
ingredients. In the article on JEs, some farther 

1. (De Bell. Gall., iv., 17.)— 2. (iii., 7.)— 3. (viii., 4, 8.)— 4. 
<if., 420.)— 5. (1. c.)— 6. (Florus, iii., 5.)— 7. (Virg., JEn., x., 

2K*.", 

176 



particulars are supplied respecting the different com* 
positions of bronze and brass. The distinctive terms 
should always be observed in speaking of these 
substances, at* the indiscriminate use of them has 
led to great error and confusion in describing works 
of art. 

There can be no question as to the remote anti- 
quity of metallurgy ; though at what precise period 
the various metals were known, in what order they 
were discovered, and by what processes extracted 
— either simply, or by reducing their ores when they 
were found in that state, there are no satisfactory 
means of judging. In the twenty-eighth chapter of 
the book of Job we read, " Surely there is a vein 
for the silver, and a place for gold where they fine 
it. Iron is taken out of the earth, and brass (cop- 
per) is molten out of the stone." This passage, 
taken as a whole, and supported as it is by various 
intimations throughout the Pentateuch, shows that 
at this early period greater advances had been made 
in mining and the metallurgic arts than is usually 
supposed. There is the same dearth of exact in- 
formation on the practice of the metal-founders and 
workers of the archaic ages, even after the different 
substances were known, and objects of imitative 
art had been executed in them. 

The most ancient Greek bronzes extant are com 
posed simply of copper and tin ; and it is remarka 
ble how nearly the relative proportions of the met 
als agree in all the specimens that have been ana- 
lyzed. Some bronze nails from the ruins of the 
Treasury of Atreus at Mycenae ; some ancient coins 
of Corinth ; a very ancient Greek helmet, on which 
is a boustrophedon inscription, now in the British 
Museum ; portions of the breastplates of a piece of 
armour called the Bronzes of Siris, also preserved 
in our national collection ; and an antique swor<* 
found in France, produced in 100 parts, 
87-43 and 88 copper 
1253 and 12 tin 

9996 100 
At a later period than that to which some of the 
above works may be referred, the composition of 
bronze seems to have been a subject to which the 
greatest attention was paid ; and the addition of a 
variety of metals seems to have been made to the 
original (if it may be so called) combination of 
copper and tin. The few writers on art whose 
evidence has reached our times, make particular 
mention of certain of these bronzes, which, not- 
withstanding the changes they underwent by the 
introduction of novel elements, were still ranked 
under the words x a ^ K ° c an d as. That which ap- 
pears to have held the first place in the estimation 
of the ancients was the as Corinthiacum, which 
some pretended was an alloy made accidentally, in 
the first instance, by the melting and running to- 
gether of various metals (especially gold and bronze), 
at the burning of Corinth by Lucius Mummius, 
about 146 B.C. This account is obviously incor- 
rect, as some of the artists whose productions are 
mentioned as composed of this highly valued metal 
lived long before the event alluded to. Pliny 1 par- 
ticularizes three classes of the Corinthian bronze. 
The first, he says, was white (candidum), the greatei 
proportion of silver that was employed in its com 
position giving it a light colour. In the second sorl 
or quality gold was introduced, in sufficient quan- 
tity to impart to the mixture a strong yellow oi 
gold tint. The third was composed of equal pro- 
portions of the different metals. The next bronze 
of note among the ancient Greek sculptors is dis- 
tinguished by the title of hepatizon, which it seemf 
it acquired from its colour, which bore some resem 

1. (H. N., xxxiv.. 3 > 






BRONZE. 



BRONZE. 



Malice to that of the liver (rrxap). Pliny says it was 
inferior to the Corinthian hronze, but was greatly 
preferred to the mixtures of Delos and ^Egina, 
which for a long period had a high reputation, and 
were much sought after. The colour of the bronze 
called hepatizon must have been very similar to that 
of the cinque cento bronzes — a dull, reddish brown. 
The next andent bronze in order of celebrity seems 
to have been the as Dcliacum. Its reputation was 
so great that the island of Delos became the mart 
to which all who required works of art in metal 
crowded, and led, in time, to the establishment there 
of some of the greatest artists of antiquity. Next 
to the Delian, or, rather, in competition with it, the 
as Mgineticum was esteemed. We are told that 
no metal was produced naturally in JEgina, but the 
founders and artists there were so skilful in their 
composition of bronze, that the island acquired 
great celebrity on that account. Two of the most 
distinguished among the sculptors of ancient times, 
Myron and Polycletus, contemporaries of Phidias, 
not only showed their rivalry in producing the finest 
works of art, but also in the choice of the bronze 
they used. Myron, we are informed, always pre- 
ferred the Delian, while Polycletus adopted the 
^Eginetan mixture — emulatio autem et in materia fuit. 1 
Fiom a passage in Plutarch, it has been supposed 
that this far-famed Delian bronze was of a light 
and somewhat sickly tint. 3 Plutarch says that in 
his time its composition was unknown. 

Of some of the other bronzes enumerated in the 
writings of the ancients, little or nothing is known 
beyond the titles. Three of these are the ces De- 
monnesium, 3 the as nigrum,* and the Tartessian 
bronze (Tapr7?o-aioc^aX/c6f) mentioned by Pausanias. 6 

Before quitting the subject of mixtures of metals, 
It may be right to allude to a composition mentioned 
by Pliny 6 under the title of aurichalcum, written also 
onckalcum, which some writers have supposed was 
an established bronze composed of gold and bronze, 
or, at least, of gold and copper. It is possible there 
may have been a factitious substance so designa- 
ted ; but the true meaning of the word appears to 
be mountain-metal, from the Greek words ovpoc or 
opec, a mountain, and x a ^ K ° c : and the accidental 
similarity of sound has doubtless led modern wri- 
ters into error respecting the meaning of the first 
two syllables, and into the belief that it was in- 
tended to designate the combination of the two 
metals alluded to. Reference to the passage in 
Pliny will make this clear to the reader. He says 
distinctly it was not found in his time, the mines 
which produced it being exhausted. 

Although, strictly speaking, it does not belong to 
our subject, a mixture, which was employed and 
much esteemed by the ancients, may be mentioned 
in this place. It was called eleclrum, and was com- 
posed of gold and silver in certain proportions. It 
was, in all probability, only used for extraordinary 
purposes. Thus Helen is said to have dedicated, in 
the Temple of Minerva at Lindus, a cup made of 
v.lectrum, of the exact size and form of one of her 

own breasts (Minerva templum habet Lindos 

in quo Helena sacravit calicem ex electro. Adjicit 
kiitoria, mamma sua mensura 1 ). 

The ancients were partial to polychromic sculp- 
ture, as is evident from the variety of colours and 
materials they employed even in the best period of 
Greek art, namely, the age of Pericles, when Phid- 
ias, Ageladas, Myron, Polycletus, Alcamenes, and 
Pythagoras, were in the zenith of their glory. This 
taste was carried into metal-works, and seems, if 



1. (Plin , H. N., xxxiv., 2.)— 2. (Vid. Quatreradre de Quincy, 
Jupiter Olympien.— Plut., Ue Pyth. Orac.)— 3. (Pollux.— He- 
gych.)— 4. (Philostrat.)— 5. (vi., 19, $ 2.)— 6. (H. N., xxxiv., 2.) 

t. (Plin., H. N., xxxiii., 23.) 

z 



the accounts that have been brought down to us aie 
to be credited, to have existed in very eariy times. 
This is-not the place to discuss the genuineness of 
the passage in Homer in which mention is made oi 
the shield of Achilles. It is only necessary here to 
state, that in one of its compartments, oxen, sheep, 
and various other objects were represented, and 
that they were distinguished by variety of colour? 
Pliny 1 says that the artist Aristonidas made a sta. 
ue of Athamas, in which he proposed to himself the 
difficult task of producing the effect of shame, o 
blushing, by using a mixture of iron with the bronze 
in which the work was executed (JEs ferrumque 
miscuit, ut rubigine ejus per nilorcm aris relucenU 
exprimeretur verecundia rubor). Plutarch tells ui 
that a statuary called Silanio or Silanion made 
statue of Jocasta dying, and so composed his met 
als that a pallid appearance or complexion was pro- 
duced. This, it is said, was effected by the intro- 
duction of silver. Callistratus speaks of a statue 
of Cupid by Praxiteles, and another of Occasion 
(Katpdc), represented under the form of a youth ; 
also one of Bacchus by Praxiteles ; all of which 
were remarkable for the colour of the bronze imi- 
tating the appearance of nature. A bronze relievo 
of the battle of Alexander and Porus is also refer- 
red to for its truth of effect, produced by the blend 
ing of colours, and which rendered it worthy to be 
compared with the finest pictures. 

With the very limited data we possess, it is im- 
possible to offer much conjecture upon these state 
ments, or to say how much or how little they are 
to be relied upon. Some of the accounts are mosl 
probably inventions of the fancy ; some of them 
may be founded on facts greatly overcharged, thn 
effects described being produced by overlaying the 
metal with colour, or in some cases, perhaps, bj 
what is now called plating. A slight acquaintance 
with the nature of metal, and the processes of 
founding, will be sufficient to convince any one cf 
the impracticability of effecting (at least by melting 
the materials together, and so producing variety of 
tints) what it is pretended was done in some of the 
instances referred to. 

The earliest mode of working in metal among the 
Greeks seems to have been with the hammer ; by 
beating out lumps of the material into the form pro- 
posed, and afterward fitting the pieces together by 
means of pins or keys. It was called otyvpr/haTov, 
from a<pvpa, a hammer. Pausanias 2 describes this 
process in speaking of a very ancient statue of Ju- 
piter at Sparta, the work of Learchus of Rhegium 
With respect to its supposed antiquity, Pausanias 
can only mean that it was very ancient, and of the 
archaic style of art. The term sphurelata is used 
by Diodorus Siculus in describing some very ancienf 
works which are said to have decorated the cele- 
brated gardens and palace of Ninus and Semiramis 
at Babylon. Pliny 3 mentions a statue of Diana 
Anaitis worked in the same way ; and, that there 
may be no doubt that it was of solid hammer-work, 
he uses two expressions to convey his meaning. 
The statue was of gold, and the passage describing 
it has given rise to much discussion : " Aurea statua 
prima nulla inanitate, et antequam ex are aliqua Mo 
modo fierct quam vocant holosphyraton, in templo 
Anditidis posita dicitur." A statue of Dionysius by 
Onassimedes, of solid bronze, is mentioned by Pau- 
sanias* as existing at Thebes in his time. The 
next mode, among the Greeks, of executing metal- 
works seems to have been by plating upon a nu- 
cleus, or general form, of wood : a practice which 
was employed also by the Egyptians, as is proved 
by a specimen of their ar t preserved in the British 

-2. (iii., 17, () 6.)— 3 (H. N , xxxiii.. 9.4 )~4.' 



1. (xxxiv., 40.)- 
(ix., 12, t) 3.) 



177 



BRONZE. 



BRONZE. 



Museum. The subject is a small head of Osim 
ind t,he wood is still remaining within the metal. 
Ic is probable that the terms holosphyraton and sphy- 
raton were intended to designate the two modes of 
hammer-work; the first on a solid mass, and the 
other hammering out plates. 

It is extremely difficult to determine at what date 
the casting of metal was introduced. That it was 
known at a very early period there can be no doubt, 
although it may not have been exercised by statua- 
ries in European Greece till a comparatively late 
date. The art of founding may be divided into 
three classes or stages. The first is the simple 
melting of metals ; the second, casting the fused 
metals into prepared forms or moulds ; and the 
third, casting into a mould, with a core or internal 
nucleus, by which the metal may be preserved of a 
determined thickness. The first stage must have 
been known at a period of which we have no record 
beyond that intimation especially alluded to in Job, 
which establishes the fact that some of the process- 
es of metallurgy were well known when that book 
was composed. The earliest works of art described 
as of hammer-work were probably executed in 
lumps of metal that had already undergone this 
simple preparation. The casting of metal into 
moulds must also have been practised very early. 
There are no means of knowing of what material 
or composition the forms or moulds were made, but 
in all probability clay (dried, and then perhaps 
baked) was employed for the purpose. The cir- 
cumstance of a spot where clay abounded having 
been chosen for the founding of the bronze works 
for the Temple of Solomon supports this supposi- 
tion. Of course, all the earliest works produced in 
this stage of the art must have been solid. The 
third process, that of casting into a mould with a 
core, was an important step in the statuary's art. 
Unfortunately, there is no record of the time, nor of 
the mode in which this was effected by the ancients, 
unless we consider the statements of Pausanias of 
sufficient authority for the date of the various dis- 
coveries among the Greeks. His account would 
imply that the art of casting was not known before 
the time of Theodorus of Samos, who probably lived 
between eight and seven hundred years before our 
era. 1 Herodotus, 2 Pliny, 3 and Pausanias make 
honourable mention of Rhcecus and Theodorus. 
Pausanias says 4 that they first invented casting in 
bronze (diixeav x a ^ K °v Kac uyukuara kx^vevaavro), 
Pliny, who seems to have written down whatever 
he heard, says,' 5 "In Samo primos omnium i plasti- 
<cert invenisse Rhcecum et Theodorum ;" but he proves 
?the incorrectness of this statement by recording 
*tn instance of the proficiency of Theodorus in his 
■art, when he says "He cast a bronze statue of 
himself, holding in one hand a file cm allusion, 
probably, to his profession), and in the other a quad- 
riga of such small dimensions that a fly might 
-cover it with its wings :" an example of practical 
skill that at once places him in a much more ad- 
vanced rank in his art than the inventor of its first 
-and most simple process coujd have attained. 

.The ancients used something answering the pur- 
pose of a solder for fastening the different pieces 
of metal together ; but it is difficult to determine 
whether the term KoKknaiq means a solder or only 
a species of glue. Pausanias distinctly speaks of it 
as something different from nails or cramps, and 
gives us the name of its inventor, Glaucus of Chios. 
He is. speaking of a vase of iron, which he says was 

the work TXavKov rod Xiov, cidfjpov KoTJkriatv 

hv&phq evpovToc fiavn 6e 7] koXKcl avvexei re, ical 



1. (Pays., iii., 12, $ 8.)— 2. (i., 51 ; iii., 41, 60.)— 3. (H. N., 
txxv., 43, &e:)— 4 (viii., 14, $ 5.)— 5. (1. c.) 
J78 



Zotiv avrn r£ cu\fjp(d dea/xog. 1 Pliny, in like manner 
speaks of a solder under the title of plumbum argcn- 
tarium* Many of the works in the British Muse- 
um, as well as in other collections, show T the points 
of junction of the various pieces of which the ob- 
jects are composed ; but how they were fastened 
together is a matter of doubt, the rust that has ac- 
cumulated, both within and without, quite pieclu- 
ding the possibility of minute and satisfactory ex 
amination. Some of them appear to have been fit- 
ted together somewhat in the manner called dove 
tailing, and then pinned; but whether they were 
then soldered, or merely beaten together with the 
hammer, and then worked over to make the surface 
entire, cannot be determined. The modern practice 
of burning the parts together seems, as far as there 
are opportunities of judging, to have been quite un- 
known to the ancients. 

The finest collection of ancient bronzes is in the 
Museo Borbonico at Naples. They have been found 
chiefly in the ruins of Herculaneum and Pompeii, 
and among them are some examples of great skill 
and beauty. A few of the heads offer peculiarities 
in the treatment of the hair, the small corkscrew 
curls, and the ends of the beards being formed of 
separate pieces of metal fastened on. Several of 
the statues have the eyes of paste and of stones, 
or sometimes of a different metal from the material 
of the rest of the work. Silver was often united 
with bronze. Cicero mentions a statue of " Apollo 
czneus, cujus infemore litterulis minutis argenteis no- 
men Myronis erat inscriptum." 3 In a bronze statue 
of a youth, in the collection at Paris, are the re- 
mains of a Greek inscription in silver letters. They 
are inserted into the left foot. The Museo Borbon- 
ico possesses some examples of inlaid silver-work. 
There are also instances of it in the collection of 
bronzes in the British Museum. 

The names of few sculptors, or, rather, statuaries 
of celebrity, have reached us who were not chiefly 
distinguished for the excellence of their works in 
bronze. Theodorus of Samos has already been 
mentioned ; Gitiadas of Sparta and Glaucias of 
Mgma. may be added as holding an eminent place 
among the earlier artists in bronze. A list of the 
statuaries of Greece who excelled in works in met 
al would almost be a history of sculpture. It wil 
be enough to state that Ageladas, the master of 
Phidias, Phidias, Alcamenes, Agoracritus, Polycle- 
tus, Myron, Praxiteles, and Lysippus exercised, 
and contributed to bring to perfection, this branch 
of art. Bronze-casting seems to have declined in 
Greece soon after the time of Alexander the Great, 
about 330 B.C. The accounts given of the number 
of works executed about that period almost exceed 
belief. Lysippus alone is said, according to Pliny, 
to have produced above 600, or, according to anoth- 
er reading, above 1500.* 

The Romans were never distinguished for the 
cultivation of the arts of design ; and, when statues 
were required by them in the earlier period of their 
history, they were obliged to call in the aid of Etrus- 
can artists. Afterward, as their empire was ex- 
tended, the city was filled with the works of the 
best schools of Greece, and numbers of artists of 
that country, no longer able to find employment at 
home, established themselves in the capital of the 
West. Zenodorus is said to have executed some 
magnificent works in the time of Nero ; and the re- 
mains of art of the time of Trajan, Hadrian, and the 
Antonines, prove that artists of great skill were liv- 
ing at the date of those emperors. Many of the 



1. (x., 16, i> 1. — Compare Herodotus, i., 25, who speaks of 
vnoKprj-rjpiSiov aidrjpeov tcoWrjrdv.) — 2. (H. N., xxxiv., 17.) — 3. 
(Verr., iv., 43.)— 4. (Plm., H. N., xxxiv., 17.- Siilig, Cat. A* 
tif., p. v. J-ysippv"-) 



BRYON. 



BUBALIS. 



examples of bronze works that have reached us ex 
hibit signs of having been gilt, and the writers of 
antiquity refer occasionally to the practice. It does 
not seem to have been employed till taste had much 
deteriorated ; probably when the value and rich- 
ness of the material were more highly estimated 
than the excellence of the workmanship. Nero 
commanded a statue of Alexander, the work of Ly- 
sippus, to be gilt ; but Pliny 1 tells us it was found 
to injure the beauty and effect of the work, and the 
gold was removed. 

The greatest destruction, at one time, of ancient 
works of art is supposed to have occurred at the 
taking of Constantinople, in the beginning of the 
thirteenth century. The collection of statues had 
been made with great care, and their number had 
accumulated to an amount which seems quite sur- 
prising when it is considered how long a time had 
elapsed since art had been encouraged or protected. 
At the period alluded to we are told that some of 
the finest works of the ancient masters were pur- 
posely destroyed ; either in mere wantonness, or 
with the view of turning the material into money, 
or for sale to the metal founders for the value of 
the bronze. Among the few works saved from this 
devastation are the celebrated bronze horses which 
now decorate the exteiior of St. Mark's Church at 
Venice. They have been ascribed, but without suf- 
ficient authority, to Ly sip pus. 

Before taking leave of the subject of metal- work- 
ing, it may be right to add a few words upon toreutic 
art (jopevTiKT)). From the difference of opinion 
that exists among antiquaries and scholars, it is 
easier to say what it is not than what it is. Some 
believe it to be equivalent to the cazlatura of the 
Latins, which seems to mean chasing. Others sup- 
pose it means the art of turning, from ropvoc : and 
others think it applies to works in relievo, from to- 
poc, clear, distinct. Some believe it is the art of 
uniting two or more metals ; and others, that it is the 
union of metal with any other material. Millingen, 
who is one of the best authorities on such subjects, 
says, " The art of working the precious metals ei- 
ther separately, or uniting them with other substan- 
ces, was called toreutice. It was known at a very 
early epoch, as may be inferred from the shield of 
Achilles, the ark of Cypselus, and other productions 
of the kind." 3 There is an example of this kind of 
work, noticed by the above writer, in the British 
Museum. It is not cast, but consists of very thin 
laminated plates of sdver, beaten or punched out, 
and chased. The relief is bold, and the accessories 
are of sheet gold, overlaid. 

*BRUCUS or BRUCHUS (ppovnoe, ppov X oc), a 
very formidable species of locust, described by The- 
ophrastus 3 as the most destructive of their kind. 
The term, however, does not appear to have been 
very well defined by the Greek writers.* The Bru- 
chus in the Linnaean system is an insect that com- 
mits great ravages on the different grains of the ma- 
jority of leguminous plants, and of some kernel 
fruits, and particularly on beans, lentils, vetches, 
and pease. 5 The (ipovxoc of the ancients appears 
to have been the same with the Cossus of Pliny and 
Festus. 6 

*BRYON ((Spvov), a term used in a variety of 
senses: 1. As applied to the germe of a flower by 
Theophrastus. 7 2. To the male Catkins by the same 
writer. 8 3. To the flowers or corollae by the same, 9 
*id also by Nicander. 10 4. To the sea-algas by The- 



1. (II. N., rxxiv., 19, t) 6.) — 2. (Millingen, Anc. ined. Monu- 
ments, pi. xiv. — Winck.elnia.11n, Storia delle Arti del Disegno. — 
Qiiatremiire de Quincy, Jup. Olymp.) — 3. (De Animal, rep. app., 
t> 4, ]'. 833, ed. Schneid.) — 4. (Adams, Append., s. v.) — 5. (Grif- 
fith's Cuvier, vol. xv., p. 64.)— 6. (Plin., H. N.,xxx., 12.— Fest., 
t v)— 7. (II. P., i., 1.)— 8. (H. P., i., 2.)— 9. (H. P., iii., 7.1— 
(Theriac., *., 71.1 



ophrastus. 1 5. To the Usnea by Dioscorides, Galen 
and Paulus iEgineta. 3 The term Usnea is borrow 
ed from the Arabian medical authors, and applied 
to a genus of Lichens. 6. To the grape of the 
white poplar. 3 7. To a kind of shrub like lettuce. 4 

♦BRYONIA (fipvuvia), a species of wild vine, 
Bryony. The name j3pvuvca was applied to two 
kinds of vine, the ufnreXoc XevKq, or white vine (the 
Bryonia alba of Pliny), and the afnreTiog fiiXaiDa, ui 
black vine (Bryonia nigra). The term, however, is 
more properly applied to the latter of the two. It 
is the same with the Tamus Communis, L. 5 

*BU'BALIS or BU'BALUS (povfalte or -oc), I. 
names first applied by Aristotle 6 and his successors 
to a species of Antelope, most probably the Stag- 
like Antelope. "How these writers," observes 
Lieutenant-colonel Smith, " came to designate such 
an animal by an appellation which is symphonic 
with that of the Buffalo in all the dialects of North- 
em and Central Asia, cannot be explained but by 
the supposition that Aristotle gave that name in 
consequence of some imperfect information which 
he may have obtained on this subject through the 
Macedonian invaders of Eastern Persia. It is wor- 
thy of remark, however, that in the case of those 
animals of a large size that used, until of late, to be 
clas jed with the antelope, the more equivocal char- 
acteristic approximates them to the Bovine nearly 
as much as to the Caprine nature. Hence the nat- 
uralists of the present day ha"e found it necessary 
to interpose a new genus, the. characters of which 
should embrace the evanescent distinctions of An- 
telope, Capra, and Ovis, together with the incipient 
characters which show the approximation to Bos. 
This is the Genus Damalis. The native names ot 
the animals thus generically separated, import that 
they are considered distinct from the Antelope in 
their own countries ; and although no great stress 
should usually be laid upon local names, yet it would 
be treating the knowledge and experience of the 
resident nations with an indiscriminating indiffer- 
ence, if, upon inquiry, it should be found that, from 
the earliest antiquity to the present time, every peo- 
ple who have intimate knowledge of the animals 
under consideration should agree in bestowing one 
generical designation upon them, and yet that such 
designation should be rejected by systematic wri- 
ters for one less analogous. Such, however, is the 
case with the groups of animals before us, which, 
whether they be Indian or African, have in their lo- 
cal names either something that shows their separ- 
ation from Antelope, or, what is more common, a 
generic indication, which proves them to be regard- 
ed as more nearly allied to Bos than to Capra. 
Where the Persian, Arabo-Indee, and Eastern and 
Western Arabic are concerned, it appears that all 
the species we are about to enumerate will be found 
designated by the generical word Ghau, ' ox' or 
'cow;' Bakr, 'oxen,' 'cows,' in the Arabic, or 
Bakrah in the Persian. The appellation g^ven by 
Aristotle may, after these remarks, be easily traced 
to its source." 7 

♦II. The Buffalo. " The name Bubalis is assert- 
ed to have been transferred from the Antelope Bu- 
balis of authors (Genus Damalis) to the animals of 
the Buffalo group, during the sixth century of the 
Roman Empire. It is true, as Buffon maintains, 
that Aristotle, Pliny, and Oppian did not know the 
Buffalo by the name of Bubalis, but it cannot be de- 
nied that, in the age of Martial, 8 this name was 
vaguely applied even to the Urus, and, consequent- 

— ^ — ... . ... ,-.... — t~ ^^ 

1. (II. P., iv., 6.)— 2. (Dioscor., i., 20.— Galen, De Simpl., vi 
—Paul JEgin., vn., 3.)— 3. (Plin., H. N., xii., 28.)— 4. (Plin., 
II. N., xiii., 25.)— 5. (Plin., II. N., xxiii., 1.— Fee in Plin., I c.) 
— G. (Avistot., II. A., iii., 6.)— 7. (Smith in Griffith's Oui vt 
vol. iv., p. 343.)— 8. (De Spect. Ep., 23.) 

173 



BUCCINA. 



TJUFO. 



ly, that the vulgar were already familiarized with 
it as early as the time of the Flavian line. Now 
the Bubalis of Aristotle must have been a rare ani- 
mal, which certainly bore no such Greek name in 
its native regions, and therefore the word itself 
originated and became common in some other way. 
The learned among the ancients were as liable to 
misapply appellations of strange animals as the mod- 
erns, and the Arachosian oxen of Aristotle may 
have been known to the Greek soldiers of Alexan- 
der by another name ; indeed, by the name which 
it appears the Buffalo bore among the northern na- 
tions of Central Asia from the earliest periods ; a 
name which, although it has the sound of a Greek 
compound, is nevertheless of genuine Turanian ori- 
gin. It is composed of the syllable Bu, ' ox,' join- 
ed to a distinctive epithet. Taking the Tartaric to 
be the root, we find that nearly all the dialects of 
ancient Turan, Cheen, and the posterior Sclavonic, 
lesignate both the Buffalo and the Bull by the words 
Busan, Buka, Brisum, Buja, Buha, Bucha, Buga, 
Bujan. Buwol is the modern Russian, Bawol the 
Polish, Buwal Bohemian, and Bial Hungarian. In 
most of the countries where the above dialects are 
spoken, the Buffalo is nearly as common as the do- 
mestic ox, and, moreover, some of these dialects 
were spoken by the very nations who introduced 
the animal into Western Asia, Africa, and Europe. 
From a careful consideration of the whole subject, 
the presumption will be found to be fairly establish- 
ed, that the nations who invaded the Roman and 
Byzantine empires brought with them the very an- 
imal whose name had reached Europe, perhaps by 
means of the Greek followers of the Seleucian dy- 
nasty, and that the word Bubalis is the true name 
of the Buffalo, as clearly as Urus and Bison are de- 
rived from the Teutonic Aurochs ( Uroks) and Wiz- 
end. Aristotle and others evidently knew the Buf- 
falo (/?o£f uypioi kv 'Apax&Toic, Bos Indicus, or Ara- 
^osian Ox). It is described as differing from the 
Ox as the Wild Boar does from the Hog ; to be 
Mack, powerful, with the nose turned up, and the 
horns bent outward. In that period, the species 
was not found farther west than Northeastern Per- 
sia. Paul Warnefried, surnamed Diaconus, fixes 
the appearance of Buffaloes in Italy in the reign of 
Aigilulf, or the close of the sixth century, that is, 
^-n the year 596. But we may reasonably look for 
tneir appearance in the east of Europe to an earlier 
date. If the myriads of Attila's forces drawn out 
of Eastern and Central Asia, were supported by 
droves of cattle bearing grain (buck-weed), as is 
still done with buffaloes in common trade, and by 
the nomad equestrian nations, who lead or follow 
these animals in their native regions, there is no 
reason for us to conclude that the Arachosian Buf- 
falo was not in their herds ; or if it could be proved 
that the power of the Huns did not extend into the 
northern provinces of Persia or Chorasmia, the 
Avars and Bulgarians may be regarded as the con- 
ductors of that species to the valley of the Danube, 
Thrace, and Illyricum. This was probably during 
the reign of Marcian, or about 453, and the subse- 
quent introduction of the animals into Italy might 
result from causes not connected with the migra- 
tions of barbarians." 1 
*BUBO, the Horned Owl. (Vid. Glaux.) 
BUCCINA (ftvtcdvri), a kind of horn-trumpet, an- 
ciently made out of a shell. It is thus happily de- 
scribed "iy Ovid : 

" Cava buccina sumilur Mi 
Tortilis, in latum qua turbine crescit ah imo : 
Buccina, qua in medio Concepit ut air a ponto x 
Littoia voce replet sub utroquc jacentia Phcebo." 2 

i. (Smith in Griffith's Cuvier, vol. iv., p. 378, seqq.) — 2. (Met., 
'., 335., 

180 



The musical instrument buccina nearly resemble 
in shape the shell buccinum, and, like it, might al 
most be described from the above lines (in the lan- 
guage of conchologists) as spiral and gibbous. The 
two drawings in the annexed woodcut agree with 
this account. In the first, taken from a frieze, 1 the 
buccina is curved for the convenience of the per- 
former, with a very wide mouth, to diffuse and in- 
crease the sound. In the next, a copy of an ancient 
sculpture taken from Blanchini's work, 8 it still re- 
tains the original form of the shell. According ift 




Hyginus, 3 the buccina was invented by Tyrrhenus, 
a son of Hercules, which, if the tradition were of 
any value, would refer this, as well as many other 
musical instruments in use among the Romans, to 
an Etruscan origin. Propertius 4 testifies to its be- 
ing a very ancient instrument. Athenseus 5 men- 
tions a kind of shell called Krjpv^ (according to Cas- 
aubon, the shell of the murex), probably from its 
sonorous qualities. 

The inscriptions quoted by Bartholini 6 seem to 
prove that the buccina was distinct from the cornu ; 
but it is often confounded with it. 7 The buccina 
seems to have been chiefly distinguished by the 
twisted form of the shell, from which it was origi- 
nally made. In later times it was carved from 
horn, and perhaps from wood or metal, so as to im- 
itate the shell. 

The buccina was chiefly used to proclaim the 
watches of the day 8 and of the night, hence called 
buccina prima, secunda, &c. 9 It was also blown at 
funerals, and at festive entertainments both before 
sitting down to table and after. 10 Macrobius 11 tells 
us that tritons holding buccina were fixed on the 
roof of the temple of Saturn. 

According to Festus, 12 buccina is derived from the 
Greek Qvntavov, a word not found in the lexicons, 
or, as others say, from the Hebrew buk, a trumpet. 
Varro considers it as formed by Onomatopoeia from 
bou, in allusion to its sound. It is more probably 
derived from buccinum, the name of a shellfish. 

The sound of the buccina was called buccinus, an<? 
the musician who played it buccinator (in Greek fSv 
Kavnrrjc). 

*BU'CERAS {(Sovnepac), the herb Fenugreek, Tit- 
gonella fcenum Gracum. The name is derived from 
flovc, " an ox," and Kipac, " a horn," the seed re- 
sembling the horn of an ox. Other appellations foi 
this same plant, as given by Dioscorides and Pliny, 
are telis, carphos, agoceras, ceraitis, lotus, and itasis. 
The Roman writer gives a long account of its sev- 
eral uses in the healing art, especially in female 
complaints. 13 

*BUFO, the Toad. (Vid. Phrynos.) 

1. (Burney's History of Music, vol. i., pi. 6.) — 2. (De Musicis 
Instrum. Vetevum, p. 15, pi. 2, 18.)— 3. (Fab., 273.)— 4. (Eleg.. 
iv., 1.)— 5. (iii., p. 86.)— 6. (De Tibiis, p. 226.)— 7. (JEn., vii n 
519.) — 8. (Senec, Thyest., 798.) — 9. (Polyb., xiv., 3. — Liv., 
xxvi., 15.— Sil. Ital., vii., 154.— Propert., IV., iv., 63.— Cic, Pro 
Murasn., 9.)— 10. (Tacit., Ann., xv., 30.)— 11. (i., 8.)~12. (s. v.) 
—13. (Theophrast., C. P., v., 13; vi., 14.— Dios^or., »i., 124.— 
Plin.. H. N., xxiv.. ult > 



BULLA. 



BUSTUM. 



*J5(JGL0SSA and BUGLOSSOS (povyluccoc 
n -ov), the herb Bugloss or Ox-tongue, deriving 
Its name from the likeness its leaf bears to the 
tongue of the ox (fiovc, " an ox," and y7.ucaa, "the 
tongue"). Owing to the natural resemblance which 
runs through the genera of Anchusa, Borrago, and 
Lycopsis, there is some difficulty in deciding exactly 
to what genus and species the fiovylucooe of the 
ancients should be referred. Sih. thorp and Spren- 
gel prefer the Anchusa Italica, or Italian Alkanet. 1 — 
II. The Sole. (Vid. Solka.) 

BULLA, a circular plate or boss of metal, so call- 
ed from its resemblance in form to a bubble floating 
upon water. Bright studs of this description were 
used to adorn the sword-belt (aurea bullis cingula ,- a 
bullis asper balteus'). Another use of them was in 
doors, the parts of n hich were fastened together by 
brass-headed, or even by gold-headed nails.* The 
magnificent bronze doors of the Pantheon at Rome 
are enriched with highly-ornamented bosses, some 
of which are here shown. 




The golden bosses on the doors of the Temple of 
Minerva at Syracuse were remarkable both for their 
number and their weight.* 

We most frequently read, however, of bullae as 
ornaments worn by children suspended from the 
neck, and especially by the sons of the noble and 
wealthy. Such a one is called hares bullatus by 
Juvenal. 6 His bulla was made of thin plates of gold. 
Ita usual form is shown in the annexed woodcut, 
which lepresents a fine bulla preserved in the Brit- 
ish Museum, and is of the size of the original. 




The bulla was worn by children of both sexes for 
ornament, as a token of paternal affection and a 
mgn of high birth ; 7 and, as it was given to infants, 
it sometimes served, like other ornaments or play- 
things (crcpundia), to recognise a lost child. 8 Prob- 
ably, also, it contained amulets. 9 

Instead of the bulla of gold, boys of inferior rank, 
including the children of freedmen, w r ore only a 
piece of leather (lorum ; 10 nodus tantum ct signum de 
paupere loro ;" libcrtinis scortea 12 ). 

1. (Dioscor., iv., 126.— Plin., H. N., x\v., 8.)— 2. (Viig., JEn., 
iz., 359.)— 3. (Sid. Apoll., Carm. 2.)— 4. (Plaut., Asin., II., iv., 
«0.)- 5. (Cic, Verr., II., iv., 56.)— 6. (Sat., xiv., 4.)— 7. (Cic, 
Verr , II., i., 58.)— 8. (Plaut., Rud., IV., iv., 127.)— 9. (Marrob., 
.,6.)— 10 (Plin., II. N., xxxiii., 4.)— 11. (Juv., Sat., v., 165.) 
- '2 (As(on. Ped. in Cic, 1. c.) 



On arriving at adolescence, the bulla was laiii 
aside, together with the praetexta, and it was often 
consecrated, on this occasion, to the Lares, or to 
some divinity. 1 

Valerius Maximus 2 mentions a statua bullata, and 
examples of boys represented with the bulla are not 
unfrequent in statues, on tombs, and in other works 
of art. 3 

*BUMAMMA, a kind of large grape, so called be- 
cause formed and swelling out like an udder or teat 
(from fiov, an intensive particle, and mamma, " a 
dug" or " breast"). The Greek form of the name is 
Bumastus, (3ov/j.aaToc, from fiov, and fiaarbc, " a 
breast" or " dug." Varro* and Macrobius 5 employ 
Bumamma ; Virgil 6 and Pliny, 7 Bumastus. 

*BUMASTUS. (Vid. Bumamma.) 

*BU'NIAS (fiovvL&c), a species of plant, the wild 
Narew. "The term Bunias," remarks Adams, 
" occurs first in Nicander, and that it is synony- 
mous with the Gongylis is declared by Galen and 
Paulus iEgineta ; and, farther, that it was the 
Brassica Napobrassica, L., or wild Narew, is ad- 
mitted by all the late authorities on classical bota- 
ny, with the exception of Dierbach, who most un- 
accountably contends that it is the Brassica Olera- 
cea, or Sea-cabbage." 8 

♦BU'NION (povvtov), a plant of the family of the 
UmbellifercE. The preponderance of authority is in 
favour of its being the Bunium bulbocastanum, or 
Earth-nut, a plant having a bulbous root, round, and 
good to eat. The term fiokfjoKaaravov occurs in the 
medical works of Alexander Trallianus. The irev- 
6o6ovviov was taken for the Barbarea vulgaris by 
Dodonseus and Bauhin ; but Sprengel contends that 
these authorities were in error, and holds it to be 
the Pimpinella tenuis, Sieb. 9 

*BUPRESTIS (fiovivpriGTic), an insect treated of 
by all the ancient writers en Toxicology. It pnyee 
fatal to cattle when eaten among the grass, prc-du- 
cing a burning sensation, whence it derives its 
name ((3ovc, " an ox" or " cow," and npnOu, "to in- 
flame"). Belon mentions that he found in Greece a 
species of Cantharis, which corresponded with the 
ancient description of the Buprestis. " In fact," 
says Adams, " there is every reason to identify it 
with the Meloe vesicatoria, often mistaken for the 
Spanish fly." The Buprestis of the ancients must 
not be confounded with the Buprestis of Linnaeus. 10 

BURIS. (Vid. Aratrum, p. 79.) 

BUSTUA'RII. (Vid. Bustum.) 

BUSTUM. It was customary among the Ro 
mans to burn the bodies of the dead before burying 
them. When the spot appointed for that purpose 
adjoined the place of sepulture, 11 it was termed bus- 
turn, 12 and hence that word is said by Cicero 13 to be 
synonymous with tv/iSoc : when it was separate 
from it, it was called ustrina. 1 * 

There was a Bustum at Rome, in the centre of 
the Campus Martius, connected with the mausole- 
um of Augustus, where the remains of that emperor 
and many of his family were burned and buried. It 
is described by Strabo, 15 who says that it was of 
white stone surrounded by an iron railing, and 
planted on the inside with poplars. 16 In the year 
1777, several blocks of travertine stone (lidov 7av- 
kov 17 ) were discovered in the space before the Church 
of San Carlo at Corso, upon which were inscribed 
the names of several members of the family of Au- 



1. (Pers., v., 31.)— 2. (III., i., 1.)— 3. (Spoil, Misc., p. 299.— 
Middleton, Ant. Mem., tab. 3.) — 4. (R. R., ii., 5.)— 5. (Sat., ii., 
ult.)— 6. (Georg., ii., 102.)— 7. (H. N., xiv., 1.)— 8. (Commen 
tary on Paul of ^Egina, p. 98. — Compare Append., s. v.) — 9. (Di- 
oscor., iv., 122. — Alex. Trail., vii., 2. — Adams, Append., s. v.) — 

10. (Plin., H. N., xxx., 4 ; xxxi., 10. — Adams. Append., s. v.)— 

11. (Tacit., Ann., ii., 73, 83.— Cic, Philipp., i., 2.)— 12. (Festus, 
s.v.)— 13. (DeLeg.,ii.,26.)— 14. (Festus, s. v.)— 15. (v., p. 170.) 
— 16. (Compare Herodian, iv., p. 88, ed. Steph.) — 17. (Strabo 
I.e.) 

131 



3UTYRUM. 



SUTYRUM 



gustus, with the words hic crematus est, which 
identifies that locality with the bustum of Augustus. 
The blocks are now preserved at the Vatican. 

From this word three others derive their signifi- 
cations : 

I. Bustuarii, gladiators, who were hired to fight 
/ound the burning pyre of the deceased, in conse- 
quence of the belief that the Manes were gratified 
hj blood. 1 

II. Bustuari^e, women of abandoned character, 
inter busta ac monumenta prostantes. 2 

III. Busti'rapi, 3 persons suffering the extreme 
of poverty ; so called because they satisfied their 
cravings by snatching from the flames of the funer- 
al pyre the bread and other eatables which the su- 
perstition of the living dedicated to the dead.* 

Bustum is also used for the hollow space on the 
top of an altar in which the fire was kindled. 3 

^BUTY'RUM (Povrvpov), Butter. "This sub- 
stance," observes Beckmann, "though commonly 
used at present in the greater part of Europe, was 
known very imperfectly to the ancients ; to some, 
indeed, it was not known at all. The translators 
of the Hebrew writings seem to have thought that 
they found it mentioned in Scripture, 6 but those 
best acquainted with Biblical criticism unanimously 
agree that the word chamea signifies milk or cream, 
or sour thick milk, and that, at any rate, it does 
not mean butter. The word plainly alludes to 
something liquid, as it appears that chamea was 
used for washing the feet, that it was drunk, and 
that it had the power of intoxicating ; and we know 
that mare's milk, when sour, will produce the like 
effect. We can imagine streams of milk, but not 
streams of butter. This error has been occasioned 
by the seventy interpreters, who translate the He- 
brew word by the term boutyron ((Sovrvpov). These 
translators, who lived two hundred years after Hip- 
pocrates, might, as Michaelis remarks, have been 
acquainted with butter, or have heard of it ; but it 
is highly probable that they meant cream, and not 
our usual butter." 

" The oldest mention of butter, though dubious 
and obscure, is in the account given of the Scythi- 
ans by Herodotus. 7 According to the historian, 
they poured the milk of mares into wooden vessels, 
caused it to be violently stirred or shaken by their 
blind slaves, and thus separated the part that arose 
to the surface, which they considered more valua- 
ble and more delicious than that which was collect- 
ed below it. Herodotus here evidently speaks of 
the richest part of the milk being separated from 
the rest by shaking ; and that what he alludes to 
here was actually butter, would plainly appear from 
comparing with what he says the much clearer ac- 
count of his contemporary Hippocrates. ' The 
Scythians,' remarks this latter writer, 'pour the 
milk of their mares into wooden vessels, and shake 
it violently ; this causes it to foam, and the fat part, 
wmch is light, rising to the surface, becomes what 
is called butter (o flovrvpov KaXovac).'' Mention of 
butter occurs several times, in fact, in the writings 
of Hippocrates, 8 and he prescribes it externally as 
a medicine ; he gives it, however, another name, 
fikerion (mKeptov), which seems to have been in use 
among the Greeks earlier than the former, and to 
Save been afterward neglected. That this word 



1. (Serv. in JEn., x., 519. — Compare Hor., Sat., II., iii., 85. — 
Flor., iii., 20.)— 2. (Mart., III., xciii., 15 ; I., xxxv., 8.— Kirch- 
man, De Fun. Rom., iii., 22.)— 3. (Plaut., Pseud., I., iii., 127.)— 
4. (Compare Terent., Eun., III., ii., 38. — Lucil., Sat., xxvii., 22, 
p. 71, ed. Dousa. — Catull., lix., 2.) — 5. (Tumcb., Advers., xix., 
21.) — 6. (Gen., xviii., 8. — Deuteron., xxxii., 14. — Judges, v., 25. 
— 2 Samuel, xvii., 29. — Job, xx., 17.— Id., xxix., 6, &c. — Com- 
pare Bochart, Hieroz., ii., 45, col. 473.) — 7. (iv., 2.) — 8. (De 
Morh., lib. iv., ed. 1595, fol. v., p. 67. — De Nat. Mul., sent, v., 
p. 137.— De Morb. Mul., 2, sect, v., p. 191, 235, &c.) 
]S2 



signified butter, and was no longer employed m the 
time of Galen, appears from his translating it. in 
his explanation of the obsolete expressions of Hip- 
pocrates, by the word boutyron (jSovrvpov). 1 It was, 
even before that period, explained in the same man- 
ner by Erotian, in his Dictionary of the words used 
by that Greek physician ; and he remarks from an 
ancient writer, that the Phrygians called butter m 
nipiov (pikerion), and that the Greeks seem to have 
borrowed the word from that people. 2 The poet 
Anaxandrides, who lived soon after Hippocrates, 
describing the wedding of Iphicrates, who married 
the daughter of Cotys, king of Thrace, and the 
Thracian entertainment given on that occasion, 
says that the Thracian s ate butter, which the 
Greeks at that time considered a wonderful kind 
of food.* It is very remarkable, that the word fo? 
butter does not occur in Aristotle, and that he even 
scarcely alludes to that substance, though we find 
in his works some very proper information respect- 
ing milk and cheese, which seems to imply careful 
observation. At first he gives only two component 
parts, the watery and caseous ; but he remarks af- 
terward, for the first time, in a passage where one 
little expects it, that in milk there is also a fat sub- 
stance, which, under certain circumstances, is like 
oil.* In Strabo there are three passages that refer 
to this subject, but from which little information 
can be obtained. This author says that the Lusi- 
tanians used butter instead of oil ; 3 he mentions the 
same circumstance respecting the Ethiopians ;' and 
he relates in another place, that elephants, when 
wounded, drank this substance in order to make 
the darts fall from their bodies. 7 The use of butter 
by the Ethiopians or Abyssinians is confirmed by 
Ludolfus. 8 iElian also states that the Indians 
anointed the wounds of their elephants with butter 
Aristotle, however, makes the wounded elephants 
drink oil, and not butter ; 9 but the difficulty may 
easily be obviated by supposing the butter spoken 
of by Strabo to have been in a liquid state. — We 
are told by Plutarch that a Spartan lady paid a visit 
to Berenice, the wife of Deiotarus, and that the one 
smelled so much of sweet ointment, and the other 
of butter, that neither of them could endure the 
other. 10 Was it customary, therefore, at that peri- 
od, for people to perfume themselves with butter?'' 
" The remarks of Dioscorides and Galen on the 
present subject are of much more importance. Tho 
former says that good butter was prepared from the 
fattest milk, such as that of sheep or goats, by sha- 
king it in a vessel till the fat was separated. To 
this butter he ascribes the same effects, when used 
externally, as those produced by our butter at pres- 
ent. He adds also, and he is the first writer that 
makes the observation, that fresh butter might be 
melted, and poured over pulse and vegetables in- 
stead of oil, and that it might be employed in pastry 
in the room of other fat substances. 11 Galen, who 
distinguishes and confirms, in a more accurate man- 
ner, the healing virtues of butter, expressly remarks 
that cow's milk produces the fattest butter ; that 
butter made from sheep's or goat's milk is less rich ; 
and that ass's milk yields the poorest. He express- 
es his astonishment, therefore, that Dioscorides 
should say that butter was made from the milk of 
sheep and goats. He assures us that he had seen 
it made from cow's milk, and he believes it had 
thence acquired its name. 12 This derivation of the 
term boutyron, from (3ovc, ' a cow,' and rvpbc, 

1. (ed. Basil., fol. v., p. 715.)— 2. (Erot., Lex.— Fabric, Bibl. 
Graec, iv., p. 571.)— 3. (Athenaeus, iv., p. 131 ) — 4. (II. A., iii. 
20.)— 5. (iii., p. 155.)— 6. (xvii., p. 1176.)— 7 (xv.,p 1031.)— 8 
(Hist. ^Ethiop., iv., 4, 13.)— 9. (^Elian, N. A., xiii., 7 — Aristot., 
H. A., viii., 31.) — 10. (Adv. Colotem., p. 1109.) — 11. (Mat 
Med., ii., 81, p. 107.)— 12. (De Simpl., Med. Facult., lib. x., p* 
151.) 



BUXUS. 



CABE1RIA. 



•cheese/ 'coagulated milk,' was a favourite with 
ihe Greek and Roman writers, but is altogether er- 
roneous. The term is of foreign origin, and the 
reader may see some curious speculations on this 
subject in the Vorhalle of Ritter, who seeks to con- 
nect the name with the mythology of Boudha, and 
with the germe of civilization introduced into the 
West by the sacerdotal colonies from India. 1 

" From what has thus far been said, it would ap- 
pear that butter must have been very little known 
to, or used by, the Greeks and Romans, till the time 
of Galen, that is, at the end of the second century. 
It appears, also, that when they had learned the art 
of making it, they employed it only as an ointment 
in their baths, and particularly in medicine. Pliny 
recommends it, mixed with honey, to be rubbed over 
children's gums, in order to ease the pain of teeth- 
ing, and also for ulcers in the mouth. 3 The Ro- 
mans, in genera], seem to have used butter for 
anointing the bodies of their children, to render 
thera pliable ;" and we are told that the ancient 
Buigundians smeared their hair with it.* If we 
except the passage of Dioscorides already referred 
to, we find no proof whatever that it was used by 
the Greeks or Romans in cookery, or the prepara- 
tion of food. No notice is taken of it by Apicius ; 
nor is it mentioned by Galen for any other but med- 
ical purposes. This is easily accounted for by the 
ancients having entirely accustomed themselves to 
the use of oil ; and, in like manner, butter at pres- 
ent is very little employed in Italy, Spain, Portugal, 
and the southern parts of France. One chief cause 
of this is the difficulty of preserving it for any length 
of time in warm countries ; and it would seem that 
among the ancients in the south of Europe it was 
rather in an oily state, and almost liquid. The 
Northern nations, in modern times, cut, knead, and 
spread butter ; the ancients poured it out as one 
pours out oil. Galen, for example, tells us, that to 
make soot of butter (which was used in curing in- 
flammations of the eyes, and ether disorders}, the 
nutter must be poured into a lamp." For more in- 
formation on this subject, the reader is referred to 
Beckmann's History of Inventions.* 

BUXUM properly means the wood of the Box- 
tree, but was given as a name to many things made 
of this wood. According to Strabo, 6 the best box- 
trees grew in the district of Amastriane, in Paphla- 
gonia, and especially in the neighbourhood of Cyto- 
rus. Pliny 7 also names the Gallic, Pyrenaean, Ber- 
ecyntian, Corsican, and Macedonian box-wood. 

The tablets used for writing on, and covered with 
wax {tabula cerata), were usually made of this wood. 
Hence we read in Propertius, 

" Vulgari buxo sordida cera fuit."* 

These tabella were sometimes called cerata buxa. 
In the same way the Greek irv^lov, formed from 
nv£oc, " box-wood," came to be applied to any tab- 
lets, whether they were made of this wood or any 
other substance ; in which sense the word occurs 
in the Septuagint (ra irvtjia tu lidiva 9 ). 

Tops were made of box-wood (volubile buxum ; 10 
luxurn tor quere flag ello 11 ) ; and also all wind instru- 
ments, especially the flute, as is the case in the 
present day (Phrygiique for amine buxi 12 ). Combs, 
also, were made of the same wood ; whence Juve- 
nal 13 speaks of caput intactum buxo. 1 * 

*BUXUS (irvt-oc;), the Box-tree, or Buxus Semper- 
virens, L. The Box loves cold and mountainous 

1. {Vorhalle, p. 121.)— 2. (H. N., xxviii., 19.)— 3. (Tertull., 
A.dv. Marcion., iii., 13.) — 4. (Sidon. Apoll., carm. 12.)— 5. (vol. 
ii., p. 372, seqq.)— 6. (xvi., 28.)— 7. (H. N., xvi., 28.)— 8 (III., 
xxii., 8.)— 9. (Exod., xxiv., 12.— Compare Is., xxx., 8.— Hab., 
ii., 2.)— 10. (Virg., JEn., vii., 382.)— 11. (Pers., iii., 51.)— 12. 
(Ovid, Ep. ex Pont., I., i.. 45.— Compare Met., xii., 158.— Fast., 
vi., 976.— Virg., JE.i., ix., 619.,)— 13. (Sat., xiv., 194.)— 14. (Com- 
pare Grid, Fast., v,., 229 : " Detonsos crmes depexere buxo.'') 



situations ; the piaces most famed tor its growth 
are mentioned in the beginning of the previous ar 
tide. " Box-wood is an unique among timber, and 
combines qualities which are not found existing to- 
gether in any other kind. It is as close and heavy 
as ebony ; not very much softer than lignum vita, 
it cuts better than any other wood ; and, when an 
edge is made of the ends of the fibres, it stands bet- 
ter than lead or tin, nay, almost as well as brass. 
Like holly, the Box is very retentive of its sap, and 
warps when not properly dried ; though, when suffi- 
ciently seasoned, it stands well. Hence, for the 
wooden part of the finer tools, for everything that 
requires strength, beauty, and polish in timber, there 
is nothing equal to it. This will explain why so 
many different articles among the ancients were 
made of this wood. (Vid. Buxum.) There is one 
purpose for which box, and box alone, is properly 
adapted, and that is the process of xylography, or 
engraving on wood." 

*BYBLUS (pvdloc), the plant from which the 
Egyptians formed paper, the Cyperus Papyrus. 
(Vid. Papyrus.) 

BYSSUS (j3vaaoc). It has been a subject of some 
dispute whether the byssus of the ancients was 
cotton or linen. Herodotus 1 says that the mum- 
mies were wrapped up in byssine sindon (aivdovoe 
fivoaivnq Ttka\tuaC), which Rosellini and many mod- 
ern writers maintain to be cotton. The only deci- 
sive test, however, as to the material of mummy- 
cloth, is the microscope ; and from the numerous 
examinations which have been made, it is quite 
certain that the mummy-cloth was made of flax, 
and not of cotton ; and, therefore, whenever the an- 
cient writers apply the term byssus to the mumm} 
cloth, we must understand it to mean linen. 3 

The word byssus appears to come from the He 
brew butz (j^a), and the Greeks probably got it 
through the Phoenicians. 3 Pausanias* says that 
the district of Elis was well adapted for growing 
byssus, and remarks that all the people whose land 
is adapted for it sow hemp, flax, and byssus. In 
another passage 5 he says that Elis is the only place 
in Greece in which byssus grows, and remarks that 
the byssus of Elis is not inferior to that of the He 
brews in fineness, but not so yellow (%avdrj). The 
women in Patrae gained their living by making 
head-dresses (KeKpv^aXot), and weaving cloth, from 
the byssus grown in Elis. 6 

Among later writers, the word byssus may, per- 
haps, be used to indicate either cotton or linen 
cloth. Bottiger 7 supposes that the byssus was a 
kind of muslin, which was employed in making the 
celebrated Coan garments. It is mentioned in the 
Gospel of St. Luke 8 as part of the dress of a rich 
man : 'EvedidvoneTo ixoptyvpav nai fivaaov. 9 It was 
sometimes dyed of a purple or crimson colour (0v<j- 
atvov 7Top(j)vpovv 10 ). Pliny 11 speaks of it as a specie3 
of flax (linum), and says that it served mulierum 
maxime deliciis. Pollux, 12 also, says that it was a 
kind of Xivov grown in India ; but he appears to in- 
clude cotton under this term. 

C., K., &c. 

CABEFRIA (Ka.6eipia), mysteries, festivals and 
orgies solemnized in all places in which tLe Pelas- 
gian Cabiri, the most mysterious and perplexing 
deities of Grecian mythology, were worshipped, 
but especially in Samothrace, Imbros, Lemnos, 
Thebes, Anthedon, Pergamus, and Berytos. 13 Lit- 



1. (ii., 86.)— 2. (Egyptian Antiquities, vol. ii., p. 182-196, 
Lond., 1836.)— 3. (Vid. Gesenius, Thesaurus.)— 4. (vi., 26, Y 4. 
—5. (v., 5, t> 2.)— 6. (Paus.,vii.,21,$7.)— 7. (Sabina,ii.,p. 105 
—8. (xvi., 9.)— 9. (Compare riev., xviii , 12.)— 10. (Hesych.)^ 
11. (II. N., xix., 4.)— 12. (Cnom., vii., 75.)— 13. (Paus., ix., 25, 
I) 5 : iv., 1, v 5 ; ix., 22, ^ 5 : , 4, I) 6.— Euseb., Praep. Evang., 
p. 31.) 

183 



KAKEGORIAS DIKE. 



KAKOSIS. 



tie is known respecting the rites observed in these 
mysteries, as no one was allowed to divulge them.- 
Diagoras is said to have provoked the highest in- 
dignation of the Athenians by his having made 
these and other mysteries public. 3 The most cele- 
brated were those of the island of Samothrace, 
which, if we may judge from those of Lemnos, 
were solemnized every year, and lasted for nine 
flays. The admission was not confined to men, for 
ve find instances of women and boys being initi- 
Ued. 3 Persons on their admission seem to have 
indergone a sort of examination respecting the life 
they had led hitherto,* and were then purified of all 
their crimes, even if they had committed murder. 5 
The priest who undertook the purification of mur- 
derers bore the name of koItjc. The persons who 
were initiated received a purple riband, which was 
worn around their bodies as an amulet to preserve 
them against all dangers and storms of the sea. 6 

Respecting the Lemnian Cabiria, we know that 
their annual celebration took place at night, 7 and 
lasted for nine days, during which all the fires of 
the island which were thought to be impure were 
extinguished, sacrifices were offered to the dead, 
and a sacred vessel was sent out to fetch new fire 
from Delos. During these sacrifices the Cabiri 
were thought to be absent with the sacred vessel ; 
after the return of which the pure fire was distrib- 
uted, and a new life began, probably with banquets. 8 

The great celebrity of the Samothracian myster- 
ies seems to have obscured and thrown into obliv- 
ion those of Lemnos, from which Pythagoras is 
said to have derived a part of his wisdom. 9 Con- 
cerning the celebration of the Cabiria in other places, 
nothing is known, and they seem to have fallen 
into decay at a very early period. 

♦CACALTA (nanalia), a plant mentioned by 
Dioscorides, Pliny, and others. It is supposed by 
Sprengel to be the Mercurialis tomentosa. Sibthorp 
and Fee, however, are undecided, though the latter 
inclines somewhat to the Cacalia petasites sive al- 
bifrons.'- 3 

KAKHrOP'IAS AIKH (Kanriyopiag ditcri) was an 
action for abusive language in the Attic courts, 
called, in one passage of Demosthenes, 11 KaKTjyoptov 
61kij, and also called Tiotdopiag Slkt] (6i6ko)v ?ml6o- 
piag 1 *), and Kanoloyiag four]. This action could be 
brought against an individual who applied to another 
certain abusive epithets, such as avdpofovog, rcarpa- 
Xolag, &c, which were included under the general 
name of a-rropprjra. (Vid. Aporrheta.) It was no 
justification thai these words were spoken in an- 
ger. 13 By a law of Solon, it was also forbidden to 
speak evil of the dead ; and if a person did so, he 
was liable to this action, which could be brought 
against him by the nearest relative of the deceased. 1 * 
If an individual abused any one who was engaged 
in any public office, the offender not only suffered 
the ordinary punishment, but incurred the loss of 
his rights as a citizen (art/iia), since the state was 
considered to have been insulted. 15 

If the defendant was convicted, he had to pay a 
fine of 500 drachmae to the plaintiff. 16 Plutarch, 
however, mentions that, according to one of Solon's 
laws, whoever spoke evil of a person in the tem- 

1. (Strabo, x., p. 365, ed. Tauchnitz. — Apollon. Rhod., i., 917. 
— Orph., Argon., 409.— Val. Flacc, ii., 435.)— 2. (Athenag., 
Log., ii M 5.) — 3. (Schol. in Eurip., Phcen., 7. — Plut., Alex., 2. — 
Dotatus in Terent., Phorm., i., 15.) — 4. (Plut., Laced. Apophth. 
Antalcid., p. 141, ed. Tauchnitz.— 5. (Liv., xlv., 5. — Schol. in 
Theocr., ii., 12. — Hesych., s. v. Koirjs.) — 6. (Schol. in Apollon., 
1. c— Diod. Sic, v., 49.)— 7. (Cic, De Nat. Deor., i., 42.)— 8. 
(Schol. in Apollon. Rhod , i., 608.)— 9. (Iamblich., Vit. Pythag., 
c. 151. — Compare Miiller's Prolegomena, p. 150.) — 10. (Dios- 
cor., iv., 121.— Pliu., H. N., xxv., 11.)— 11. (c. Mid., 544.)— 12. 
(Aristojh., Vesp., 1246.)— 13. (Lys., c. Theomn., i., p. 372, 373.) 

— 14. (Demosth., c. Leptin., 488.— c. Besot., 1022.--Plut., Sol., 
c. 21.)— 15. (Demosth., c. Mid., 521.)— 16, (Isocr., c. Loch., 396. 

- Lvs., c. Theomn., 354.) 

JftL 



pies, courts of justice, public offices, or ir. pu"M!«i 
festivals, had to pay five drachmae ; but, as Platner 1 
has observed, the law of Solon was probably chan- 
ged, and the heavier fine of 500 drachmae substitu- 
ted in the place of the smaller sum. Demosthenes, 
in his oration against Meidias, 2 speaks of a fine of 
1000 drachma? ; but this is probably to be explained 
by supposing that Demosthenes brought two actions 
naKTiyopiag, one on his own account, and the other 
on account of the insults which Meidias had com- 
mitted against his mother arvl sister. 3 

This action was probably brought before the thejj- 
mothetae,* to whom the related vupeug ypcupf/ bo- 
longed. 

KAK0A0FIA2 AIKH. ( Vid. KAKHfOPIAX 
AIKH.) 

KAKOTEX'NIQN AIKH (kokotexviuv SIktj) cor- 
responds in some degree with an action for subor- 
nation of perjury. It might be instituted against 
a party to a previous suit, whose witnesses had 
already been convicted of falsehood in an action 
Tpevdofiaprvpitiv.* It has been also surmised that 
this proceeding was available against the same 
party when persons had subscribed themselves 
falsely as summoners in the declaration or indict- 
ment in a previous suit ; 6 and if Plato's authority 
with respect to the terms of Attic law can be con- 
sidered conclusive, other cases of conspiracy aatl 
contrivance may have borne this title. 7 With re- 
spect to the court into which these causes were. 
brought, and the advantages obtained by the sue 
cessful party, we have no information. 8 

KAKO'SIS (KaKoatg), in the language of the Attic 
law, does not signify every kind of ill-treatment, but 

1. The ill-treatment of parents by their children 
{KUKuaiq yovtuv). 2. Of women by their husbands 
(K&Kuaig yvvctntiv). 3. Of heiresses (nuKooig tup 
ETtLK.'kTipuv). 4. Of orphans and widows by their 
guardians or any other persons (Kancjaig tuv bpQa- 
vuv kcli xvp £Va0VGUV yvvaiK&v). 

1. KaKGxng yoveuv was committed by those who 
struck their parents, or applied abusive epithets to 
them, or refused them the means of support when 
they were able to afford it, or did not bury them 
after their death, and pay them proper honours.' 
It was no justification for children that their parents 
had treated them badly. If, however, they were 
illegitimate, or had not received a proper education 
from their parents, they could not be prosecuted for 
KaKuaig. 10 

2. KaKuaig yvvainuv was committed by husbands 
who ill-treated their wives in any manner, or had 
intercourse with other women, 11 or denied their 
wives the marriage duties ; for, by a law of Solon, 
the husband was bound to visit his wife three times 
every month, at least if she was an heiress. 18 In 
the comedy of Cratinus, called the " Wine Flask" 
(YIvtIvt]), Comedy was represented as the wife of 
Cratinus, who brought an action against him be 
cause he neglected her, and devoted all his attention 
to the wine fiask. 13 

3. Kanuaig ruv kKLKlrjpuv was committed by the 
nearest relatives of poor heiresses, who neither 
married them themselves, nor gave them a dowry 
in order to marry them to persons of their own 
rank in life ; 14 or, if they married them themselTes, 
did not perform the marriage duties. 19 

4. KuKUGig tuv bpipavuv Kal x 7 iP £V0 ~ ovauv yvvai- 

1. (Process bei den Attikern, ii., 192.)— 2. (543.)— 3. (Hudt 
walcker, DiaHet., 150.)— 4. (Demosth., c. Mid., 511.)— 5. (Hai- 
pocr., s. v. — Demosth., c. Ev. and Mnes., 1 39, 11.) — 6. (Meier, 
Att. Process, 385.)— 7. (Plato, Leg, x 936, E.)— 8. (Meier, 
Att. Process, 45, 386.)— 9. (Aristcph, Av, 757, 1356.— Suid., s. 
v. UeXapyiKdi Nfyo?.)— 10. (Meier, Att. Process, p. 288.)— 11 
(Diog. Laert., iv.. 17. — Compare Plut., Alcib., 8.) — 12. (Plut., 
Sol.,c. 20.— Erotic, c. 23.)— 13. (Schol. m Aristoph., Eqi it., 399.) 
— 14. (Demosth., c. Macart., 1076. — Harpocr., s. v. 'EiriSiKQS, 
e^rcj.— Suid., Phot., s. v. ei/reu'j-)— 15. (Plut., Sol., c 20 



CADISKOI. 



CADUCCUS. 



uuv was committed by those who injured in any 
wav either orphans or widows, both of whom were 
considered to be in an especial manner under the 
protection of the state. 1 The speech of Isaeus on 
the Inheritance of Hagnias, is a defence against an 
Jicayytkia Kanuceui of this kind. 

All these cases of nunuatc belonged to the juris- 
diction of the chief archon (upx uv knuvvpoc). If a 
poison wronged in any way orphans, heiresses, or 
widows, the archon could inflict a fine upon them 
himself; or, if he considered the person deserving 
of greater punishment, could bring him before the 
heliaja. 8 Any private individual could also accuse 
parties guilty of kukugic by means of laying an in- 
formation (elaayyE?ua) before the chief archon, 
though sometimes the accuser proceeded by means 
of a regular indictment (ypatyrj), with an uvaKptaic 
before the archon. 3 Those who accused persons 
guilty of k&ku)gic incurred no danger, as was usual- 
ly the case, if the defendant was acquitted, and they 
did not obtain the fifth part of the votes of the di- 
casts.* 

The punishment does not appear to have been 
fixed for the different cases of kukugic, but it was 
generally severe. Those found guilty of kukugic 
yovtov lost their civil rights (un/xia), but were al- 
lowed to retain their property (ovrot uti/j.oi rjaav to. 
sjufxara, tu 6e xPW aTa e ' L X ov5 )^ Du ^ if the kukugic 
consisted in beating their parents, the hands of the 
offenders might even be cut off. 6 

*CACTUS (/ca/crof), a species of plant. Spren- 
gel inclines to the opinion that it was the kind of 
artichoke called Cardoon, namely, the Cinara car- 
dunculus. Stackhouse suggests that it was the 
Cactus opuntia, or Indian Fig. The locality of the 
kuktoc of Theophrastus does not suit well with ei- 
ther of these plants. Schneider proposes the Acarna 
cancellata. Sprengel's opinion is, perhaps, after all, 
the more correct one, and is advocated by Fee. 
Fliny describes the Cactus as growing only in Si- 
cily. 7 

CADA'VER. (Vid. Funus.) 

CADISKOI or CADOI, also CADDISKOI (na- 
6Lokol, fcddoi, KaddioKoi 6 ), were small vessels or 
urns, in which the counters or pebbles of the di- 
casts were put, when they gave their votes on a 
trial. 9 There were, in fact, usually two KadioKoi : 
one, that in which the voting pebble was put ; this 
was made of copper : the other, that in which the 
other pebble, which had not been used, was put ; 
this was made of wood. 10 Those who did not vote 
at all put both their pebbles into the latter, which 
was called the aavpoc Kadionot, while the other was 
called ttvpioc Kadionoc. After all had voted, the pre- 
siding officer emptied the counters or pebbles from 
the metal urn, the nvptoc Kadlcnoc, and counted them 
on a table, and judgment w r as then given according- 
ly. 11 The pebbles were distinguished from one an- 
other by proper marks. Formerly only one urn had 
been used ; and the dicasts kept the counter which 
they did not use. 13 This vessel was called also 
afupopevc. Sometimes, also, the dicasts had only 
one counter each, and there were two KadioKoi, one 
for acquitting, the other for condemning. 13 

When there were several contesting parties, there 
were several nadiaKoi, according to the number of 
the parties ; as in Demosthenes 1 * there were four. 

1. (Demosth., _c. Macart., 1076. — 6 a'pxw;', bans tTTeneXtiro 
Tu>v x</pwv Kal tu)v ifjQavibv: Ulpian., ad. Demosth., c.Timocr.) 
— 2. (Demosth., c. Macart., 1076, Lex.) — 3. (Demosth., c. Pan- 
tsenct., 980.) — 4. (Harpocr., ». v. EiVayysAtVi.) — 5. (Andoc, De 
Mysf.j 36. — Xen., Mem., ii., 2, t) 13.) — 6. (Meursius, Them. 
Attic, i., 2.)— 7. (Theophrast., II. P., vi., 4. — Theocr., Id., x., 
4.— Adams, Append., s. v.)— 8. (Pollux, Onom., x., 15-20.) — 9. 
(Harpocr., s. v.) — 10. (Isa:us, De Ha?n. Hered., i> 281.— Ly- 
curg.. c. Leoorat., 240.)— 1 1 . (Meier, Att. Process, p. 720-724.)— 
12. (Pollux, Onom., viii., 125.)— 13. (Meier, Att. Process, p. 
724.) -14 ;c Macart , p. J053, 10, ed. Bekker.) 



The dicasts then had either one pebble, which they 
put into the ko.6lgkoc of the party in whose favour 
they meant to vote ; or they had as many pebbles 
as there were Kadio/coi (but only one favourable one 
among them), which they put in according to their 
opinion. 1 The pebble was dropped into the urn 
through a long tube, which was called K7/p.6c. 2 The 
noise which the pebble made in striking against the 
bottom of the nadionoc was represented by the syl- 
lable Koy^. 3 

*CADMEIA or CAD'MIA (Kadpeia or -pla), a 
species of earth, as the ancients termed it ; more 
correctly, however, Calamine, or an ore of zinc. 
Geoffroy says, " The dealers in metals call by the 
name of Cadmia the Lapis Calaminaris, used in 
making copper into brass." Dr. Kidd calls it a na- 
tive oxyde of zinc. According to Dr. Hill, the 
Cadmia factitia of the ancients was a recrement 
of copper, produced in the furnaces where that met- 
al was separated from its ore. According to Spren- 
gel, the kind called (3oTpvircc, or clustered Cadmia, 
was our Tutty ; it consists of zinc with a small 
proportion of copper. The kwkvlttjc , or Smoky Cad- 
mia, according to Dr. Hill, was a fine powder col- 
lected at the mouths of the furnaces. The irlani- 
ric, or Crust-like Cadmia, was the coarsest and 
heaviest of all.* "With Cadmia (or an ore of 
zinc)," observes Dr. Moore, "the ancients were well 
acquainted, though they are commonly supposed 
not to have known zinc itself, except as combined 
with copper in the form of brass. But a passage in 
Strabo authorizes the belief that they also knew 
this metal in its separate state. The geographei 
says, 5 that near Andeira, a town of Troas, is 
found a stone, which, being burned, becomes iron, 
and distils false silver (uTzooTafyi tyevdupyvpov) when 
heated in a furnace together with a certain earth, 
which, receiving the addition of copper, forms the 
alloy that some call brass (bpeixaAKov). He adds 
respecting this false silver, which was probably our 
zinc, that it occurs also near Tmolus. Stephanus 
states the same thing in somewhat clearer words, 
and refers to both Theopompus and Strabo as au- 
thorities. — This earth, which is supposed to derive 
its name, Cadmia, from Cadmus, son of Agenor,' 
who first introduced at Thebes the making of brass, 7 
is spoken of by Aristotle, 8 who informs us that the 
Mossynoecians had anciently prepared a brass of a 
pale colour and superior lustre, mixing it not with 
tin, but with a certain earth found among them. 
Theophrastus alludes to the same, but without na- 
ming it. Pliny 9 repeatedly speaks of Cadmia, but 
it is evident that he does not always mean one and 
the same thing. Cadmia seems to have signified 
with him not only our Calamine, but a copper ore 
which contained zinc ; and the same name was ex- 
tended to what the Germans call ojfenbruch, * fur- 
nace-calamine ;' which, in melting ores that con- 
tain zinc, or in making brass, falls to the hottum of 
the furnace, and contains more or less of calcined 
zinc." 10 

CADU'CEUS (nrjpvKEiov, KqpvKiov, 11 KrjpvK^iov 12 ) 
was the staff or mace carried by heralds and am 
bassadors in time of war. 13 This name is also given 
to the staff with which Hermes or Mercury is usu 
ally represented, as is shovvn in the following figure 
of Hermes, taken from an ancient vase, which is 
given in Millin's Peinlurcs de Vases antiques. 1 * 

The caduceus was originally only an olive-branch 

1. (Meier, Att. Process.)— 2. (Photius, s. v.— Pollux, Onom., 
x., 15.)— 3. (Philol. Museum, vol. i., p. 425, note.)-^. (Dioscoir., 
v., 85. — Paul. JEgin., vii.. 3.— Adams, Append., s. v.) —5. (p. 
610.)— 6. (Hardouin, ad Plin., vol. ix.. p. 195.)— 7. (Hygin., 
Fab., 272.)— 8. (Op., vol. i., p. 1155, E.)— 9. (II. N., xxxiv., 1 
xxxiv., 10, &c.)— 10. (Moore's Anc. Mineral., p. 49, seqq.)— 11 
(Thucyd., i. 53.)— 12. (Herod., ix., 1 00.) -- 13. (Pollux Jnoia , 
viii., 138.)— 14. (vol. i., pi. 70.) 

185 



(LEC1.BUM VINUM. 



C^ERITUM TABULAE. 



with the crfy/iamv, which were afterward formed 
into snakes. 1 Later mythologists indented tales 
about these snakes. Hyginus tells us that Mercury 
once found two snakes fighting, and divided them 
with his wand; from which circumstance they were 
used as an emblem of peace. 8 




From caduceus was formed the word caduceator, 
which signified a person sent to treat of peace. 3 
Thus Aulus Gellius* tells us that Q. Fabius sent to 
the Carthaginians a spear and a caduceus as the 
emblems of war or peace (kastam et caduceum, signa 
duo belli aut pads). The persons of the caduceatores 
vrere considered sacred. 5 

It would appear, however, tiiat the Roman am- 
bassadors did not usually carry the caduceus, since 
Marcian 6 informs us that the Roman ambassadors 
carried vervain (segmina) that no one might injure 
them, in the same manner as the Greek ambassa- 
dors carried the cerycia (nrjpvKia). 

CADU'CUM. (Jid. Bona Caduca.) 

CADUS (nadoc, naddoc), a large earthen vessel, 
which was used for several purposes among the 
ancients. Wine was frequently kept in it ; and we 
learn from an author quoted by Pollux, that the 
amphora was also called, cadus. 7 The vessel used 
in drawing water from wells was called cadus, 8 or 
yavloc. 9 The name of cadus was sometimes given 
to the vessel or urn in which the counters or peb- 
bles of the dicasts were put when they gave their 
vote on a trial, but the diminutive Kadicnoc was 
more commonly used in this signification. (Vid. 
Cadiskoi.) 

*C^E'CUBUM VINUM, a name given to a wine 
which was at one time the best growth of the Fa- 
lernian vineyards. " Formerly," says Pliny, 10 "the 
Caecuban wine, which came from the poplar marshes 
of Amyclae, was most esteemed of all the Campa- 
nian wines ; but it has now lost its repute, partly 
from the negligence of the growers, and partly 
from the limited extent of the vineyard, which has 
been nearly destroyed by the navigable canal that 
was begun by Nero from Avernus to Ostia." The 
Caecuban is described by Galen 11 as a generous, du- 
rable wine, but apt to afreet the head, and ripening 
only after a long term of years. In another place 13 
he remarks that the Bithynian white wine, when 

1. (Miiller, Avchaeologie der Kunst, p. 504.) — 2. (Compare 
Pbn., II. N.,xxix., 3) — 3. (Liv., xxxii., 32. — Nep., Hannib., c. 
11.— Amm. Marcell., xx., 7.) — 4. (x., 27.)— 5. (Cato, ap. Fest., 
b. v.— Cic, De Orat., 1, 46.)-6. (Pig. 1, tit. 8, s.8.) — 7. (Pol- 
lux, Ojom., x., 70, 71. — Suid., s. v. icdSos.) — 8. (f/c t&v Qpedrwv 
tovs KdSovs ivWanSdveiv : Aristoph., Eccles., 1003. — Pollux, 
Onom., x., 31.)— 9. (Suid.. s. v. yauA<5j.)— 10. (H. N., xiv., 6.) 
-11. (Athenseus, i., 21.)— 12. (Oribasius, v., 6.) 



very old, passed with the R-omans for Csecuban ; 
but that, in this state, it was generally bitter and 
unfit for drinking. From this analogy we may con- 
clude that, when new, it belonged to the class of 
rough, sweet wines. It appears to have been one 
of Horace's favourite wines, of which he speaks, 
in general, as having been reserved for important 
festivals. After the breaking up of the principal 
vineyards which supplied it, this wine would ne- 
cessarily become very scarce and valuable. 1 
CJELATU'RA. (Vid. Bronze, p. 179.) 
*C^EPA or C^EPE (KpSjufivov), the Onion, or Al- 
lium Cepa, L. The Greeks had numerous kinds, or, 
rather, varieties of this vegetable, which are men- 
tioned by Dioscorides. 3 The Romans, on the other 
hand, had two principal kinds, the Pallacana and 
the Condimentarium, the latter of which was sub- 
divided into many species. The Pallacana (ccepa) 
had hardly any head, and consisted principally of a 
long stem : it admitted of being often cut. The 
Condimentarium (ceepe), so called because it could 
be potted and kept for use, was likewise termed 
Capitatum, from its exuberant head. — " Though 
the history of the onion can be but imperfectly 
traced in Europe, there is no doubt as to its great 
antiquity in Africa, since there is evidence to show 
that this bulb was known and much esteemed in. 
Egypt 2000 years before Christ. Juvenal, 3 indeed, 
says that the Egyptians were forbidden to eat the 
onion, this vegetable having been deified by them. 
The prohibition, however, seems only to have ex- 
tended to the priests, who, according to Plutarch,* 
' abstained from most kinds of pulse ;' and the ab 
horrence felt for onions, according to the same 
author, was confined to the members of the sa- 
cerdotal order. That onions were cultivated in 
Egypt, is proved," continues Wilkinson, "from the 
authority of many writers, as well as from the 
sculptures ; their quality was renowned in ancient, 
and has been equally so in modern times ; and the 
Israelites, when they left the country, regretted the 
1 onions,' as well as the cucumbers, the melons, the 
leeks, the garlic, and the meats they ' did eat' in 
Egypt. Among the offerings presented to the gods, 
both in the tombs and temples, onions are intro- 
duced, and a priest is frequently seen holding them 
in his hand, or covering an altar with a bundle of 
their leaves and roots. Nor is it less certain that 
they were introduced at private as well as public 
festivals, and brought to table with gourds, cucum 
bers, and other vegetables ; and if there is an) 
truth in the notion of their being forbidden, we may 
conclude that this was entirely confined to the 
priestly order. The onions of Egypt were mild 
and of an excellent flavour, a character enjoyei 
by them at the present day ; and they were eaten 
crude as well as cooked, by persons both of the 
higher and lower classes. It is difficult, however, 
to say if they introduced them to table like the cab- 
bage, as a hors d'oeuvre to stimulate the appetite, 
which Socrates recommends in the Banquet of 
Xenophon. On this occasion, some curious reasons 
for their use are brought forward by different mem- 
bers of the party. Nicerates observes that onions 
relish well with wine, and cites Homer in support 
of his remark ; Callias affirms that they inspire 
courage in the hour of battle ; and Charmides sug- 
gests their utility in deceiving a jealous wife, who, 
finding her husband return with his breath smelling 
of onions, would be induced to believe he had not 
saluted any one while from home." 5 

C^ER'ITUM TABULAE. The inhabitants of Caere 
obtained from the Romans, in early times, the Ro- 

1. (Henderson's Hist. Anc. Wines, p. 85, 87.)— 2. (ii., 180.)- 
3. (Sat., xiv., 9.)— 4. (Is. et Os., 5 et 8.)- 5.__ (Wilkinson's Man- 
ners and Customs Anc. Egypt, vol. ii., p. 373, seq.) 



KALAMOS. 



CALUMT1CA. 



man franchise, but without the suffragium. 1 Some 
ancient writers thought that the Caerites originally 
had the full franchise, and were afterward deprived 
of the suffragium. 3 The names of the citizens of 
Caere were kept at Rome in lists called tabula C<z- 
ritum, in which the names of all other citizens who 
had not the suffragium appear to have been entered 
in later times. All citizens who were degraded by 
the censors to the rank of asrarians were classed 
among the Caerites ; and hence we find the expres- 
sions of cerarium facere 3 and in labulas Cceritum rc- 
ferri* used as svnonymous. (Vid. JErarii.) 

*CALAMINT HE (KaXafiivdn), a shrub,' which 
Sprengel, in the first edition of his R. H. H., makes 
to be the Melissa Cretica; but in his second, the 
Thymus nepeta, or Catmint. In his edition of Dios- 
corides he calls the first species the Melissa Cretica; 
the second, the Thymus nepeta. Scop. ; and the 
third, the Melissa altissima.* 

CALAMIS'TRUM, an instrument made of iron, 
and hollow like a reed (calamus), used for curling 
the hair. For this purpose it was heated, the per- 
son who performed the office of heating it in wood- 
ashes (cinis) being called ciniflo or cinerarius. 6 

This use of heated irons was adopted very early 
among the Romans, 7 and became as common 
among them as it has been in modern times. 8 In 
the age of Cicero, who frequently alludes to it, the 
Roman youths, as well as the matrons, often ap- 
peared with their hair curled in this manner (cala- 
mistrati). We see the result in many antique stat- 
ues and busts. 

CAL'AMUS (Kd?.afioc 9 ), a sort of reed which the 
ancients used as a pen for writing. 10 The best sorts 
were got from ^Egypt and Cnidus." So Martial, 12 

" Dat chartis habilcs calamos Memphitica tellus." 

When the reed became blunt, it was sharpened with 
a knife, scalprum librarium; 13 and to a reed so 
sharpened the epithet temperatus, used by Cicero, 
probably refers, 1 * " calamoet atramento tempcrato res 
agetur." One of the inkstands given under the ar- 
ticle Atramentum has a calamus upon it. The 
calamus was split like our pens, and hence Auso- 
nius 15 calls it Jissipes, or cloven-footed. 

*KAA'AM02 apufiaTiKoc. Sprengel feels little 
hesitation in deciding that this is the Acorus Cala- 
mus, or Sweet Flag. Schneider states that Stack- 
house, in the second edition of his work, is disposed 
to refer the nakap.oc evocfioe of Theophrastus to the 
same. The term k-niyeioc also occurs in Theophras- 
tus. (Vid. Saccharum. 16 ) 

*KAA'AM02 typayiMLTTjc. All agree that this is 
the Arundo phragmitis, L., or common Reed. Spren- 
gel refers the Kulafxog xapaiciac of Theophrastus to 
the same. 17 

*KAA'AM02 avTujTiKoc, the same as the 66va%, 
and, consequently, the Arundo donax. 1 * (Vid. Donax.) 

*KAA'AM02 6 vaoroc. The early commentators 
on Dioscorides have settled the identity of this with 
ihe to^lkoc of Theophrastus ; and Sprengel refers it 
very properly, as Adams thinks, to the Arundo are- 
7 aria, or sea-side Reed. 19 

♦KAA'AMOS 6 'IvdtKoc, most probably the Bam- 
boo Cane, or Bambusa Arundinacca. Mention of the 
Bamboo Cane is made by Herodotus, and also by 

1. (Gell., xvi., 13.— Strabo, v., p. 220.)— 2. (Schol. in Hor., 
Epist., I., vi., 63.)— 3. (Gell., iv., 12.)-4. (Gell., xvi., 13.) 
— *5. (Dioscor., iii., 37. — Theophrast., C. P., ii., 16. — Adams, 
Append., s. v.)— 6. (Hor., Sat., I., ii., 98. — Heindorf, ad 
loc.)— 7. (Plaut., Asin., III., iii., 37.)— 8. (Virg., JEn., xii., 
100. — Servius. — Hevne - ad loc.) — 9. (Pollux, Onom., x., 15.) 
—10. (Cic, ad Att., vi", 9.— Hor., Ep. ad Pis., 447.)— 11. (Plin., 
H. N., xvi., 36, 64.)— 12. (xiv., 38.)— 13. (Tacit., Ann., v., 8.— 
Suet , Vitell., 2.)— 14. (Cic, ad Q. Fratr., ii., 15.)— 15. (vii., 
49.)— 16. (D:oscor., i., 17.— Theophrast., H. P., iv., 11.)— 17. 
(Dioscor., i., 114.— Theophrast., H. P., iv., 12.)— 18. (Theo- 
phrast., H. P., iv., 12.)— 19. (Diosoor., i., 114 —Theophrast., 
H. P.. iv., 11.) 



Ctesias. (Vid. Saccharum.) The KuXa/ioc 'ivdiKt^ 
u-KoltTadufievoc o'S Theophrastus, or petrified Cala- 
mus Indicus, was one of the starry-surfaced fossd 
Coralloids. " It was not named so without rea- 
son," observes Hill, " for the specimen which I have 
of it very prettily and exactly resembles that bedy." 1 
*CALCIFRAGA. (Vid. Empetron.) 
CALANT'ICA or CALVA'TICA, a head-dress. 
This word is sometimes given as answering to the 
Greek KEK.pvtya7.oe, but the Latin reticulum (quod ca- 
pillum contineret, dictum a rete reticulum?) corre- 
sponds better to KEKpvtyaloc, which was a caul or 
coif of network for covering the hair, and was 
worn by women during the day as well as the night. 
This kind of covering for the head was very an- 
cient, for it is mentioned by Homer, 3 and it also 
appears to have been commonly used. It occurs in 
several paintings found at Pompeii, from one of 
which the following cut is taken, representing Nep- 
tune and a nymph, on whose head this kind of net 
work appears. 4 




The persons who made these nets were called 
KEKpytyaTiOirAoKoi* and also aaKxvtyuvrai, 6 according 
to Pollux, 7 who explains the word by ol tt?^kovtec 
rale yvvaitjl robe KEKpvtyaXovg. These nets appear 
to have been sometimes made of gold threads, 8 and 
at other times of silk, 9 or the Elean byssus, 10 and 
probably of other materials which are not mentioned 
by ancient writers. 

The head-dress made of close materials must be 
distinguished from the KEKpvtyaloc. or reticulum. The 
former was called mitra or calanlica, which words 
are said to be synonymous, 11 though in a passage 
in the Digest 12 they are mentioned together as if 
they were distinct. Such head-dresses frequently 
occur in paintings on vases. Their forms are very 
various, as the two following woodcuts, taken from 
Millin, Peintures de Vases Antiques, 13 will show. 

The first is an exact copy of the painting on the 
vase, and represents a man and a woman reclining 
on a couch, with a small figure standing by the 
woman's side, the meaning of which is not quite 
clear. 

Tl/e next woodcut only contains a part of the 



1. (Theophrast., H. P., iv., 11.— Id., De Lapid., 68.— Adams, 
Append., s. v.)— 2. (Varro, De Ling. Lat., v., 29.)— 3. (II., xxii., 
469.)— 4. (Museo Borbonico, vol. vi., pi. 18.) — 5. (Pollux, 
Onom., vii., 179.)— 6. (Demosth., c. Olympiod., c. 3, p. 1170.) — 
7. (Onom., x., 192.)— 8. (Petron, c. 67.— Juv., ii., 96.)— 9. (Sal 
mas., Exerc. ad Solin., p. 392.)— 10. (Paus., vii., 21, t> 7.) -11 
(Serv., ad^n., ix.,616.)— 12. (34, tit. 2. s. 25, $ 10.)— 13. (vo' 
i., pi. 59 ; vol. ii., pi. 43.) 

'87 



CALATHUS. 



CALCEUS. 



original painting, which consists of many other fe- 
male figures, engaged in the celebration of certain 
mysteries. 

The mitra was originally the name of an eastern 
head-dress, and is sometimes spoken of as charac- 
teristic of the Phrygians. 1 Pliny 2 says that Poly- 
jrnotus was the first who painted Greek women 
'■aitris versicolor ibus. 




It appears from a passage in Martial 3 (fortior in- 
tortos servat vesica capillos) that a bladder was some- 
times used as a kind of covering for the hair. 

CAI/ATHUS, dim. CALATHIS'CUS (Kaladog, 
naladiGKoc), also called TA'AAPOS, usually signi- 
fied the basket in which women placed their work, 
and especially the materials for spinning. Thus 
Pollux* speaks of both rdlapoc and Kakadog as tt/c 
yvvaiKuvtrtdog gkevt] : and in another passage* he 
names them in connexion with spinning, and says 
that the ralapoe and KaladiGnog were the same. 
These baskets were made of osiers or reeds ; 
whence we read in Pollux 6 izIekelv raXapovc koc 
KalaQLcKovc, and in Catullus, 7 

"Ante pedes autem candentis mollia lanes 
Vellera virgati custodibant calathisci.'''' 

Thny appear, however, to have been made in earlier 
times of more valuable materials, since we read in 
Homer 8 of a silver rakapoc. They frequently occur 
in paintings on vases, and often indicate, as Bbtti- 
ger 9 has remarked, that the scene represented takes 
place in the gynaeconitis, or women's apartments. 
In the following woodcut, taken from a painting on 
a vase, 19 a slave, belonging to the class called qua- 
eillaria?, is presenting her mistress with the calathus, 
in which the wool was kept for embroidery, &c. 

Baskets of this kind were also used for other pur- 
poses," such as for carrying fruits, flowers, &c. 18 

1. (Virg., JEn., ix., 616, seq.)— 2. (H. N., xxxv., 35.)— 3. 
(VIII., xxxiii., 19.) — 4. (x., 125.)— 5. (vii., 29.)— 6. (vii., 173.) 
—7. (lxiv., 319.)— 8. (Od., iv., 125.)— 9. (Vasengem., iii., 44.) 
— 10. (Millin, Peintures de Vases Antiques, vol. i., pi. 4.) — 11. 
(BT-ttiger, Sabina, v>l. ii., p. 252, 258.) — 12. (Ovid, Art. Am., 
j.,264.) 

188 



The name of calathi was also given to cuj s for hold* 



mg wine. 



j 



fr-> 







Calathus was properly a Greek word, though used 
by the Latin writers. The Latin word correspond- 
ing to it was qualus* or quasillus. 3 From quasillius 
came quasillaria, the name of the slave who spun, 
and who was considered th 3 meanest of the female 
slaves (Convocat omnes quasillarias, familiceque sor- 
dissimam partem*). 

CALCAR, a spur, that is, a goad attached to the 
heel (calx) in riding on horseback, and used to urge 
on the horse to greater swiftness. 5 

The early adoption of this contrivance by the Ro- 
mans appears from the mention of it in Plautus* 
and Lucretius. 7 It is afterward often alluded to by 
Cicero, 8 Ovid, 9 Virgil, 10 and subsequent Roman au- 
thors. On the other hand, we do not find that the 
Greeks used spurs, and this may account for the 
fact that they are seldom, if ever, seen on antique 
statues. 

The spurs of a cock are called calcaria..' 

CALCEUS (dim. CALCEOLUS), CALCEA- 
MEN, CALCEAMENTUM (vKodij/ia, irediTiov), a 
shoe or boot, anything adapted to cover and preserve 
the feet in walking. 

The use of shoes was by no means universal 
among the Greeks and Romans. The Homeric he- 
roes are represented without shoes when armed for 
battle. (Vid. Arma, Balteus.) According to the 
institutions of Lycurgus, the young Spartans were 
brought up without wearing shoes (avvirodrjoia 1 *), in 
order that they might have the full use of their feet 
in running, leaping, and climbing. Socrates, Pho- 
cion, and Cato frequently went barefoot (avvnodr]- 
rof, 13 pede nudo 1 *). The Roman slaves had no shoes 
(nudo talo 15 ), their naked feet being marked with 
chalk or gypsum. The covering of the feet was re- 
moved before reclining at meals. (Vid. Ccena.) 
To go barefoot also indicated haste, grief, distrac- 
tion of mind, or any violent emotion, as when the 
chorus of Oceanides hasten to the fettered Prome- 
theus (airedcXoc 16 ) ; when Venus goes in quest of 
Adonis (aoavdaloc 11 ), and when the vestals flee from 
Rome with the apparatus of sacred utensils. 18 For 
similar reasons, sorceresses go with naked feet when 
intent upon the exercise of magical arts 19 (nuda pe- 
dem, 30 pedibus nudis* 1 ), although sometimes one foot 
only was unshod (unum exuta pedem vinclis 22 ), and 
is so painted on fictile vases. That it was a very 
rare thing at Rome to see a respectable female out 
of doors without shoes, is clear from the astonish- 

1. (Virg., Eel., v., 71.) — 2. (Hor., Carm., III., xii., 4.) — ?. 
i'Festus, s. v. Calathus. — Cic, Philip., iii., 4. — Prop., IV., vii., 
37.)— 4. (Petron., c. 132.— Compare Tibull., IV., x., 3, and 
Heyne in loc.) — 5. (Isidor., Orig., xx., 16.) — 6. (Asin., III., iii., 
118.)— 7. (v., 1074.)— 8. (De Orat., iii., 9.— Ep. ad Alt., vi., 1.) 
—9. (Ep. ex Ponto, ii., 6, 38 ; iv.,2, 35.)— 10. ("ferrata calce :" 
Virg., JEn., xi., 714.) — 11. (Col., De Re Rust , viii., 2.) — 12. 
(Xen., Rep. Lac, 2.) — 13. (Aristoph., Nub., 1C3, 362. -Xen., 
Mem., i., 6, t) 2.— Plut., Phoc.— Id., Cat.)— 14 (Epist., I., xix.j 
12.) — 15. (Jiiv., vii., 16.) — 16. (iEsch., Prom. Vinct., 138, ed. 
Blomf.)— 17. (Bion, i., 21.)— 18. (Flor., i., 13.)— 19. (Sen., Me- 
dea, iv., 2, 14.)— 20. (Ovid, Met., vii., 183.)— 21. (Hor., Sat., I., 
viii., 24.)— 22. (Virg., ^En., iv., 518.) 



CALCEUS. 



OALCEUS. 



ment experienced by Ovid, until he was informed 
of the reason of it, in a particular instance. 
" Hue pede matronam vidi descendere nudo : 
Obstupui tacitus, sustinuique gradum." 

The feet were sometimes bare in attendance on 
iunerals. Thus the remains of Augustus were col- 
lected from the pyra by noblemen of the first rank 
w ith naked feet. 1 A picture found at Herculaneum 
exhibits persons with naked feet engaged in the 
worship of Isis ; 2 and this practice was observed at 
Rome in honour of Cybele. 3 In case of drought, a 
procession and ceremonies, called Nudipedalia, were 
performed with a view to propitiate the gods by the 
same token of grief and humiliation.* 

The idea of the defilement arising from contact 
with anything that had died, led to the entire disuse 
of skin or leather by the priests of Egypt. Their 
shoes were made of vegetable materials (calceos ex 
papyro b ). {Vid. Baxa.) 

Those of the Greeks and Romans who wore 
shoes, including generally all persons except youths, 
slaves, and ascetics, consulted their convenience, 
and indulged their fancy, by inventing the greatest 
possible variety in the forms, colours, and materials 
of their shoes. Hence we find a multitude of names, 
the exact meaning of which it is impossible to as- 
certain, but which were often derived either from 
the persons who were supposed to have brought 
certain kinds of shoes into fashion, or from the pla- 
ces where they were procured. We read, for ex- 
ample, of " shoes of Alcibiades ;" of " Sicyonian," 
and " Persian," which were ladies' shoes ; 6 of " La- 
conian," which were men's shoes ; 7 and of " Cre- 
tan," " Milesian," and " Athenian" shoes. 

The distinctions depending upon form may be gen- 
erally divided into those in which the mere sole of 
a shoe was attached to the sole of the foot by ties 
or bands, or by a covering for the toes or the instep 
{vid. Solea, Crepida, Soccus) ; and those which 
ascended higher and higher, according as they cov- 
ered the ankies, the calf, or the whole of the leg. 
To calceamenta of the latter kind, i. e., to shoes and 
boots as distinguished from sandals and slippers, 




the term " ealceus" was applied in its proper and 
restricted sense. 

I. (Suet., Octav., 100.)— 2. (Ant. d'Ercol., ii.,320.)— 3. (Pru- 
ilont., Peris., 154.)— 4. (Tcrtull., Apol., 40.)— 5. (Mart. Capell., 
2.)— 0. (Cic, Do Orat., i., 54.— Hesych.)— 7. (Aristoph., Thes., 
14'J.* 



Besides the difference in the intervals to which 
the ealceus extended from the sole upward to the 
knee, other varieties arose from its adaptation to 
particular professions or modes of life. Thus the 
caliga was principally worn by soldiers ; ihe pkko 
by labourers and rustics; and the cothurnus by 
tragedians, hunters, and horsemen. 

Understanding " ealceus" in its more conf.iicd ap- 
plication, it included all those more complete cover- 
ings for the feet which were used in walking out ol 
doors or in travelling. As most commonly worn, 
these probably did not much differ from our shoes, 
and are exemplified in a painting at Herculaneum, 1 
which represents a female wearing bracelets, a 
wreath of ivy, and a panther's skin, while she is in 
the attitude of dancing and playing on the cymbals. 
Her shoes are yellow, illustrating the fact that they 
were worn of various colours, especially by females. 
(Vid. preceding woodcut.) The shoe-ties (corrigim) 
are likewise yellow. These shoes appear light and 
thin, corresponding to the dress and attitude of the 
wearer. On the other hand, a marble foot in the 
British Museum exhibits the form of a man's shoe 
Both the sole and the upper leather are thick and 
strong. The toes are uncovered, and a thong passes 
between the great and the second toe, as in a sandal. 




For an example of calcei reaching to the middle 
of the leg, see the figure of Orestes in Amentum (p. 
47). In the Panathenaic frieze of the Parthenon, 
boots much like his, but reaching still higher, are 
worn by many of the Athenian horsemen. They 
are fastened tightly below the knee, and fit closely 
in every part, showing how completely the sculptoT 
avoided the reproach of making the foot " float" in 
the shoe (natare* eveov ev rale e/x6dcnv 3 ). In many 
statues the flaps are produced by turning down the 
head and claws of the quadruped out of whose hide 
the boot was made. We often see it laced in front. 
(Vid. Cothurnus.) 

Upon no part of their dress did the ancients be- 
stow greater attention than upon this. Theophras- 
tus* considers it as a proof of rusticity to wear 
shoes larger than the foot. 5 If, on the one hand, 
Ovid' advises the lover, " Nee vagus in lata pes tibi 
pelle natet," we find Quintilian, on the other hand, 
laying down similar maxims for the statesman and 
the orator. 7 Overnicety produced the inconve 
nience of pinching shoes, 8 especially when they 
were pointed at the toes and turned upward (unci- 
nati). Besides the various and splendid colours of 
the leather, the patterns still existing on marble 
statues show that it was cut in a very elaborate 
manner. When Lucullus triumphed after his vic- 
tories in Asia, he displayed fine shoes from Syria, 
painted with spots in imitation of jewels. 9 Real 
gems and gold were added by some of the emper- 
ors, especially Heliogabalup, who wore beautiful cam- 
eos on his boots and shres, but with the natural 
effect of exciting ridicule rather than admiration. 10 

The form and colour of the ealceus were also 



1. (Ant. d'Ercol., i., ta/. 21.)— 2. (Ovid.)— 3. (Aristoph., 
Equit.,321.)— 4. (Char.,4.)— 5. (Compare Hon, Sat., I., iii.,32.) 
—6. (De Art. Am., i , 516.)— 7. (Ins. Or., xl., 3, p. 439, cd. Spald 
ing.)— 8. (Hor., Ep., I., x., 43.)— 9 (Serv. in JEn., iv., 261.)- 
10 (Lamprid., Heliog., 23— Alex Sev., 4.) 

189 



CALENDAR. 



CALENDAR. 



among the insignia of rank and office. Those who 
were elevated to the senate wore high shoes like 
buskins, fastened in front with four black thongs 
{nigris pcllibus 1 ), and adorned with a small cres- 
cent. 2 Hence Cicero, 3 speaking of the assumption 
of the senatorial dignity by Asinius, says mutavit 
calceos. Another man, in similar circumstances, 
was told that his nobility was in his heels. 4 Among 
the calcei worn by senators, those called mullei, 
from their resemblance to the scales of the red mul- 
let, 8 were particularly admired ; as well as others 
called alutae, because the leather was softened by 
the use of alum. 6 

CALCULA'TOR (Xoyicr^g) signifies a keeper of 
accounts in general, but was also used in the signi- 
fication of a teacher of arithmetic ; whence Martial 7 
classes him with the notarius, or writing-master. 
The name was derived from calculi, which were 
commonly used in teaching arithmetic, and also 
in reckoning in general. (Vid. Abacus, No. VI.) 
Among the Greeks the XoyiGrrjc and ypa/j.fia~Lo-T7jg 
appear to have been usually the same person. 

In Roman families of importance there was a 
calculator or account-keeper, 8 who is, however, 
more frequently called by the name of dispensator 
or procurator, who was a kind of steward. 9 

CALCULI were little stones or pebbles, used for 
various purposes ; such, for example, as the Athe- 
nians used in voting {vid. Cadiskoi), or such as De- 
mosthenes put in his mouth when declaiming, in 
order to mend his pronunciation. 10 Calculi were 
used in playing a sort of draughts. (Vid. Latrun- 
culi.) Subsequently, instead of pebbles, ivory, or 
silver, or gold, or other men (as we call them) were 
used, but still called calculi. The calculi were bi- 
colores. 11 Calculi were also used in reckoning, and 
hence the phrases calculum ponere, 1 * calculum subdu- 
;ere. 13 (Vid. Abacus, No VI.) 

CALDA. (Vid. Calida.) 

CALDA'RIUM. (Vid. Baths, p. 149.) 

CALENDAR (GREEK). The Greek year was 
divided into twelve lunar months, depending on the 
actual changes of the moon. The first day of the 
month (vovfx.7]via) was not the day of the conjunc- 
tion, but the day on the evening of which the new 
moon first appeared ; consequently full moon was 
the middle of the month, and is called 6ix6fj.7]vig, or 
"the divider of the month." 1 * The lunar month 
consists of 29 days and about 13 hours ; according- 
ly, some months were necessarily reckoned at 29 
days, and rather more of them at thirty days. The 
latter were called full months (7tXtjpuc), the former 
hollow months (kolXol). As the twelve lunar months 
fell short of the solar year, they were obliged every 
other year to interpolate an intercalary month (firjv 
£fj.6o?itfialo^) of 30 or 29 days. The ordinary year 
consisted of 354 days, and the interpolated year, 
therefore, of 384 or 383. This interpolated year 
(TpLETripcc) was seven days and a half too long ; and, 
to correct the error, the intercalary month was from 
time to time omitted. The Attic year began with 
the summer solstice : the following is the sequence 
of the Attic months, and the number of days in 
each : Hecatombaeon (30), Metageitnion (29), Boe- 
dromion (30), Pyanepsion (29), Maemacterion (30), 
Poseideon (29), Gamelion (30), Anthesterion (29), 
Elaphebolion (30), Munychion (29), Thargelion (30), 
Scirophorion (29). The intercalary month was a 



1. (Hor., Sat., I., vi., 27— Heindorf in loc.)— 2. (Mart., ii., 
39.— Juv., vii., 192.)— 3. (Phil., xiii., 13.)— 4. (Philostr., Her., 
i-iii.)— 5. (Tsidor., Oiig-., xix., 14.)— 6. (Mart., Juv., 11. cc. — Ly- 
&a3, De Mag-., i., 32.--Ovid, De Art. Am.,iii., 271.)— 7. (x., 62.) 
—8. (Dig. 38, tit. i., s. 7.)— 9. (Cic, ad Att., xi., 1.— Plin., Ep., 
■ii., 19.— Suet., Gal., c. 12.— Vesp., c. 22.)— 10. (Cic., De Orat., 
j., 61.)— 11. (Sidon., Epist., viii., 12.— Ovid, Trist., ii., 477.— 
Mart., xiv., 17, 2 ; xiv., 20.)— 12. (Colum.. iii., 3.)— 13. (Cic, De 
Fin., ii., 19, &c.)— 14. (1 nd., Olymp., iii., 34.) 
IPO 



second Poseideon inserted in the middle of in 
year. Every Athenian month was divided into 
three decads. The days of the first decad were 
designated as larap.ivov or apxo/j.evov \iriv6g, and 
were counted on regularly from 1 to 10 ; thus 6ev~ 
repa apxofihov or larafiivov is " the second day of 
the month." The days of the second decad were 
designated as km dena, or /uecovvroc, and were count' 
ed on regularly from the 11th to the 20th day, which 
was called eluae. There were two ways of count- 
ing the days of the last decad : they were eithei 
reckoned onward from the 20th (thus npuTrj km 
eUddi was the 21st), or backward from the last day, 
with the addition (pdlvovroc, navofikvov, XijyovTog, or 
amovrog ; thus the 21st day of a hollow month was 
kvurij QdivovToe — of a full month, deKurr] tydivovrog. 
The last day of the month was called evrj nai via, 
"the old and new," because, as the lunar month 
really consisted of more than 29 and less than 30 
days, the last day might be considered as belonging 
equally to the old and new month. 1 

The first calendars of the Greeks were founded 
on rude observations of the rising and setting of cer- 
tain fixed stars ; as Orion, the Pleiades, Arcturus, 
&c. The earliest scientific calendar, which super- 
seded these occasional observations, was that of 
Meton. He observed that 235 lunar months cor- 
respond very nearly to 19 solar years. According- 
ly, he introduced a cycle of 19 years, or 6940 days, 
distributed into months, so that they corresponded 
to the changes of the moon throughout the whole 
period. This cycle was called the year of Meton 
(Miruvoe kviavroc), and the calendar based upon it 
was published at Athens in 01. 86, 4. The calen- 
dar commenced with the month Scirophorion (16th 
July, B.C. 432). This cycle of 19 years was an ex- 
tension of the o^.taeteris of Cleostratus, which con- 
tained 8 years, or 99 months, or 2922 days. Three 
of the months in the octaeteris were intercalary, oc- 
curring in the third, fifth, and eighth years of the 
cycle. If Meton had reckoned every month full, 
his cycle would have contained 7050 days, or 7050 
— 6940=110 days too much ; consequently, it was 
necessary to take 110 hollow months in each cycle. 
Dividing 7050 by 110 we get the quotient 64, which 
denotes the interval between every two successive 
days to be rejected (riiiipai k^aipiatjuoc). Meton's 
canon begins with two full months, and then we 
have hollow and full months alternately ; but, after 
the interchange has taken place eight times, two 
full months come together, because there must be 
17 full months in every 32. The Metonic cycle 
was corrected in 01. 110, by Callippus of Cyzicus. 
Meton had made the solar year ^ of a day too long. 
Callippus accordingly assumed a 4x19=76 years' 
cycle omitting one day, or 27759 days. The epoch 
of this cycle is 28th June, B C. 330, 01. 112, 3. A 
farther correction of the Metonic cycle was intro- 
duced by Hipparchus, the celebrated astronomer, as 
even Callippus had still left the solar year too long by 
—- of a day ; he therefore assumed a cycle of 4x 
4x19=4x76 years wanting one day, or 111035 
days. This period of 304 years, with 112 intercala- 
ry months, is called the year of Hipparchus. 

Separate years were designated at Athens by 
the name of the chief archon, hence called upxuv 
knuvv/xoc, or "the name-giving archon ," at Sparta, 
by the first of the ephors ; at Argos, by the priest- 
ess of Juno, &c. The method of reckoning by 
Olympiads was brought into use by Timoeus oi 
Tauromenium about 01. 130. As this clumsy meth- 
od of reckoning is still found in books, it will be right 
to give the rules for converting Olympiads into the 
year B.C., and vice versa. 

1. (Vid. Aristoph., IN »j., 1131. &c.) 



CALENDAR. 



CALENDAR. 



I. To find the year B.C., given the nth year of 
01. p, take the formula 781 — (4 p-\-n). If the event 
happened in the second half of the Attic year, this 
must be farther reduced by 1 ; for the Attic year, 
as mentioned above, commenced with the summer 
solstice. Thus Socrates was put to death in Thar- 
gelion of 01. 95, 1. Therefore in B.C. ([781— (4x 
95_|_1)]_D— (781— 381)— 1=400— 1=399. 

II. To find the Olympiad, given the year n B.C., 

take the formula — . The quotient is the 01., 

and the remainder the current year of it ; if there 

is no remainder, the current year is the 4th of the 

Olympiad. If the event happened in the second 

half of the given year, it must be increased by 1. 

Thus, to take the event just mentioned, Socrates 

, , 781— (399-f 1) 781—400 

was put to death ! — = =01. 95, 

4, 4 ' 

1. Demosthenes was born in the summer of 382, 

. - . 781—382 399 rt , _ „ 

therefore in ; =—=01. 99, 3. 

4 4 

On the Greek calendar in general, the reader may 
consult Ideler's Handbuch der Mathematischen and 
Technischer. Chronologic, Th. i., p. 227-392. 

CALENDS. (Vid. Calendar, Roman.) 

CALENDAR (ROMAN), Calendarium, or, rath- 
er, Kalendarium. 

The Year of Romulus. — The name of Romulus is 
commonly attached to the year which is said to 
have prevailed in the earliest times of Rome ; but 
tradition is not consistent with regard to the form 
of it. The historians Licinius Macer and Fenestel- 
la maintained that the oldest year consisted of 
twelve months, and that it was already in those 
days an annus vertens, that is, a year which coinci- 
ded with the period of the sun's course. Censori- 
ous, however, in whose work this statement occurs, 1 
goes on to say that more credit is due to Gracca- 
nus, Fulvius (Nobilior), Varro, and others, accord- 
ing to whom the Romans, in the earliest times, like 
the people of Alba from whom they sprung, allotted 
to the year but ten months. This opinion is sup- 
ported by Ovid in several passages of his Fasti ; a 
by Gellius, 3 Macrobius,* Solinus, 5 and Servius. 6 
Lastly, an old Latin year of ten months is implied 
in the fact, that at Laurentnm 7 a sacrifice was of- 
fered to Juno Kalendaris on the first of every 
month except February and January. These ten 
months were called Martius, Aprilis, Maius, Junius, 
Quinctilis, Sextilis, September, October, November, 
December. That March was the first month in the 
year is implied in the last six names ; and even Plu- 
tarch, who ascribes twelve months to the Romulian 
year, 8 places Januarius and Februarius at the end. 
The fact is also confirmed by the ceremony of re- 
kindling the sacred fire in the Temple of Vesta on 
the first day of March, by the practice of placing 
fresh laurels in the public buildings on that day, and 
by many other customs recorded by Macrobius. 9 
With regard to the length of the months, Censori- 
nus, Macrobius, and Solinus agree in ascribing thir- 
ty-one days to four of them, called pleni menses ; 
thirty to the rest, called cam menses. The four 
longer months were Martius, Maius, Quinctilis, and 
October; and these, as Macrobius observes, were 
distinguished in the latest form of the Roman cal- 
endar by having their nones two days later than any 
of the other months. The symmetry of this ar- 
rangement will appear by placing the numbers in 
succession: 31, 30; 31, 30; 31, 30, 30; 31; 30, 
30. Ovid, indeed, appears to speak of the months 
as coinciding with the lunar period : 

1. (De Die Natali, c. 20. — Compare also the beginning of c. 
19.)— 2. (i., 27, 43; Hi., 99, 119, 151.)— 3. (Nort. Att., iii., 16.) 
—4. (Saturn., i., 12.)— 5. (Polyh., i.)— 6. (in Virg., Georg., i., 
1--U— 7 (Macrob.. 15.)— 8. Numa, c. J 3.)— 9. (i., 12.) 



" Annus erat decimum cum luna rcplevcrat annum ,*' 

but the language of a poet must not be pressed too 
closely. On the other hand, Plutarch, in the pas- 
sage already referred to, while he assigns to the old 
year twelve months and 365 da\s, speaks of the 
months as varying without system between the lim- 
its of twenty and thirty-five days. Such an irregu- 
larity is not incredible, as we find that even when 
Censorinus wrote (A.D. 238), the Alban calendar 
gave 36 days to March, 22 to May, 18 to Sextilis, 
and 16 to September ; while at Tusculum Quincti- 
lis had 36 days, October 32 ; and again, at Aricia, 
the same month, October, had no less than 39. l 
The Romulian year, if we follow the majority of 
authors, contained but 304 days ; a period differing 
so widely from the real length of the sun's course, 
that the months would rapidly revolve through all 
the seasons of the year. This inconvenience was 
remedied, says Macrobius, 3 by the addition of the 
proper number of days required to complete the 
year ; but these days, he goes on to say, did not re- 
ceive any name as a month. Servius speaks of the 
intercalated period as consisting of two months, 
which at first had no name, but were eventually 
called after Janus and Februus. That some system 
of intercalation was employed in the Romulian year 
was also the opinion of Licinius Macer. 3 This ap- 
pears to be all that is handed down with regard to 
the earliest year of the Romans. 

As a year of ten months, i. e., 304 days, at once 
falls greatly short of the solar year, and contains 
no exact number of lunations, some have gone so 
far as to dispute the truth of the tradition in whole 
or part, while others have taxed their ingenuity to 
account for the adoption of so anomalous a year. 
Puteanus,* calling to mind that the old Roman or 
Etruscan week contained eight days, every eighth 
day being specially devoted to religious and other 
public purposes, under the name of nonce or nun- 
dince, was the first to point out that the numbei 
304 is a precise multiple of eight. To this obser- 
vation, in itself of little moment, Niebuhr has given 
some weight, by farther noticing that the 38 nun- 
dines in a year of 304 days tally exactly with the 
number of dies fasti afterward retained in the Ju- 
lian calendar. Another writer, Pontedera, observ- 
ed that 304 bore to 365 days nearly the ratio of 
5 to 6, six of the Romulian years containing 1824, 
five of the longer periods 1825 days ; and Niebuhr, 3 
who is a warm advocate of the ten-month year, 
has made much use of this consideration. He thus 
explains the origin of the well-known quinquennial 
period called the lustrum, which Censorinus 6 ex- 
pressly calls an annus magnus, that is, in the mod- 
ern language of chronology, a cycle. Moreover, 
the year often months, says the same writer, 7 was 
the term for mourning, for paying portions left by 
will, for credit on the sale of yearly profits ; most 
probably for all loans ; and it was the measure for 
the most ancient rate of interest. (Vid. Interest 
op Money.) Lastly, he finds in the existence of 
this short year the solution of certain historical 
difficulties. A peace, or, rather, truce with Veii 
was concluded in the year 280 of Rome, for 40 
years. In 316, Fidenae revolted and joined Veii, 
which implies that Veii was already at war with 
Rome ; yet the Veientines are not accused of hav- 
ing broken their oaths. 9 Again, a twenty years' 
truce, made in 329, is said by Livy to have expired 
in 347. 9 These facts are explained by supposing 
the years in question to have been those of ten 
months ; for 40 of these are equal to 33£ ordinary 



1. (Censorinus, c 22.)— 2. (i., 13.)— 3. (Macrob., i., 13.) 
(De Nundinis in Grxvius's Thesaurus, vol vni.) — 5. (Row 
Hist., vol. i., p. 271.)— 6. (c. 18.)— 7. (p. 279.)—?. (Liv.,iv., 17. 
—9. (iv., 58.) 

191 



CALENDAR. 



CALENDAR. 



yeais, 20 to 16| ; so that the former truce termina- 
ted in 314, the latter in 346. Similarly, the truce 
of eight years concluded with the Volscians in 323, 
extended, in fact, to no more than 6| full years; 
and hence the Volscians resumed the war in 331, 
without exposing themselves to the charge of per- 
jury. 

These ingenious, and, perhaps, satisfactory spec- 
ulations of the German critic, of course imply that 
the decimestrial year still survived long after the 
regal government had ceased ; and, in fact, he be- 
lieves that this year and the lunar year, as deter- 
mined by Scaliger's proposed cycle of 22 years, co- 
existed from the earliest times down to a late pe- 
riod. The views of Niebuhr do not require that 
the months should have consisted of 31 or 30 days ; 
indeed, it would be more natural to suppose that 
each month, as well as the year, contained a pre- 
cise number of eight-day weeks ; eight of the months, 
for instance, having four such weeks, the two oth- 
ers but three. Even in the so-called calendar of 
Numa we find the Etruscan week affecting the di- 
vision of the month, there being eight days between 
the nones and ides, from which circumstances the 
nones received their name ; and, again, two such 
weeks from the ides to the end of the month, and 
this whether the whole month contained 31 or 29 
days. 

The Year of Numa. — Having described the Ro- 
mulian year, Censorinus 1 proceeds thus: "After- 
ward, either by Numa, as Fulvius has it, or, ac- 
cording to Junius, by Tarquin, there was instituted 
a year of twelve months and 355 days, although 
the moon in twelve lunations appears to complete 
but 354 days. The excess of a day was owing 
either to error, or, what I consider more probable, 
to that superstitious feeling, according to which 
an odd number was accounted full (plenus) and 
more fortunate. Be this as it may, to the year 
which had previously been in use (that of Romulus) 
^ne-and-fifty days w r ere now added ; but, as these 
were not sufficient to constitute two months, a day 
was taken from each of the before-mentioned hol- 
low months, which, added thereto, made up 57 days, 
cat of which two months were formed, Januarius 
with 29, and Februarius with 28 days. Thus all 
thj months henceforth were full, and contained an 
odi number of days, save Februarius, which alone 
was hollow, and hence deemed more unlucky than 
the rest." In this passage it is fitting to observe, 
that the terms pleni and cavi menses are applied in 
a sense precisely opposite to the practice of the 
Greek language in the phrases fir/vec irlr/peig and 
Kolloi. The mysterious power ascribed to an odd 
number is familiar from the Numero deus impare 
gaudet of Virgil. Pliny also 2 observes, "Impares nu- 
meros ad omnia vehementiores credimus." It was, of 
course, impossible to give an odd number of days, 
at the same time, to the year on the one hand, and 
to each of the twelve months on the other ; and 
yet the object was in some measure effected by a 
division of February itself into 23 days, and a su- 
pernumerary period of five days. (See the mode 
of intercalation below.) The year of Numa, then, 
according to Censorinus, contained 355 days. Plu- 
tarch tells us that Numa estimated the anomaly of 
the sun and moon, by which he means the differ- 
ence between twelve lunations and the sun's annual 
course, at eleven days, i, e., the difference between 
365 and 354 da3's. Macrobius, too, says that the 
year of N'ima had at first 354, afterward 355 days. 3 

Twef.ri lunations amount to 354 days, 8h., 48' 
36", so biia« the so-called year of Numa was a tol- 

1 (c. 20.)— 2. (H. N., xxviii., 5.)— 3. (Compare Liv., i., 19.— 
Ovid, F^st., i., 43; iii., 151.— Aurel. Vict., c. 3.— Floras, i., 2. 
Swfciuii, c. 1.) 

i.Q2 



erably correct lunar year, though the months would 
have coincided more accurately with the single lu- 
nations if they had been limited to 30 and 29 days, 
instead of 31, 29, and 28 days. That it was, in 
fact, adapted to the moon's course, is the concur- 
rent assertion of ancient writers, more particularly 
of Livy, who says : " (Numa) omnium primum ad air- 
sum luna in duodecim mensis describit annum." Un- 
fortunately, however, many of the same writers as- 
cribe to the same period the introduction of such a 
system of intercalation as must at once have dislo- 
cated the coincidence between the civil month and 
the lunar period. At the end of two years the year 
of Numa would have been about 22 days in arrear 
of the solar period, and, accordingly, it is said an in 
tercalary month of that duration, or else of 23 days, 
was inserted at or near the end of February, to 
bring the civil year into agreement with the regular 
return of the seasons. OPthis system of intercala- 
tion a more accurate account shall presently be 
given. But there is strong reason for believing 
that this particular mode of intercalation was not 
contemporary in origin with the year of Numa. 

In antiquarian subjects it will generally be found 
that the assistance of etymology is essential ; be- 
cause the original names that belong to an institu- 
tion often continue to exist, even after such changes 
have been introduced, that they are no longer adapt- 
ed to the new order of things ; thus they survive as 
useful memorials of the past. In this way we are 
enabled, by the original meaning of words, aided by 
a few fragments of a traditional character, to state 
that the Romans in early times possessed a yea* 
which altogether depended upon the phases of the 
moon. The Latin word mensis, 1 like the Greek 
/Ltfjv or /usee, and the English month, or Germ a r 
monath, is evidently connected with the word moon 
Again, while in the Greek language the name vm>- 
lirjvia (new moon), or evn nal via, given to the 
first day of a month, betrays its lunar origin, the 
same result is deduced from the explanation of the 
word kalendce, as found in Macrobius. 2 "In an- 
cient times," says that writer, " before Cn. FJaviua 
the scribe, against the pleasure of the patricians, 
made the fasti known to the whole people (the end 
of the 4th century B.C.), it was the duty of one of 
the pontifices minores to look out for the first ap- 
pearance of the new moon, and, as soon as he de- 
scried it, to carry word to the rex sacrificulus. 
Then a sacrifice was offered by these priests ; after 
which, the same pontifex, having summoned the 
plebs (calata plebe) to a place in the Capitol near the 
Curia Calabria, which adjoins the Casa Romuli, 
there announced the number of days which still re- 
mained to the nones, whether five or seven, by so 
often repeating the word Kalib." There was no 
necessity to write this last word in Greek charac- 
ters, as it belonged to the old Latin. Ii fact, in 
this very passage it occurs in both calata and cala- 
bra ; and again, it remained to the latest times in 
the word nomenclator. In regard to the passage 
here quoted from Macrobius, it must be recollected 
that, while the moon is in the immediate vicinity 
of the sun, it is impossible to see it with th« naked 
eye, so that the day on which it is first seen is not 
of necessity the day of the actual conjunction. \V>. 
learn elsewhere, that, as soon as the pontifex dis. 
covered the thin disc, a hymn was sung, beginning 
Jana novella, the word Jana 3 being only a dialectic 
variety of Diana, just as Diespiter or Diupiter cor- 
responds to Jupiter; and other examples might 
readily be given, for the change occurs in almost 
every word which has the syllables de or di before 
a vowel. Again, the consecration of the kalends to 



1. (Varro, De Ling-. Lat., vi., or, in the old editions, v., 54.)— 
2. (i., 15.)— 3. (Macrob., Sat., i., 9.— Varro, De Re Rus + ...i.. 37 » 



CALENDAR. 



CALENDAR. 



jiino is referred by the latter writer to the fact 
that the months originally began with the moon, 
and that Juno and Luna are the same goddess ; and 
the poet likewise points at the same connexion in 
his explanation of Juno's epithet Lucina. More- 
over, at Laurentum, Juno was worshipped as Juno 
Kalendaris. Even so late as 448 B.C., strictly 
lunar months were still in use ; for Dionysius 3 says 
that Appius, in that year, received the consular au- 
thority on the ides of May, being the day of full 
moon ; for at that time, he adds, the Romans regu- 
lated their months by the moon. In fact, so com- 
pletely was the day of the month which they called 
the ides associated with the idea of the full moon, 
that some derived the word and tov eldovc, quod eo 
die plenam speciem luna demonstret. 3 Quietly to in- 
sert the idea of plenam, when the Greek word sig- 
nified merely speciem, is in accordance with those 
loose notions which prevailed in all ancient attempts 
at etymology. But, though the derivation is of 
course groundless, it is of historical value, as show- 
ing the notion connected with the term ides. 

For the same reason, probably, the ides of March 
were selected for the sacrifice to the goddess Anna 
Perenna, in whose name we have nothing more 
than the feminine form of the word annus, which, 
whether written with one n or two, whether in its 
simple form annus or diminutive annulus, still al- 
ways signifies a circle. Hence, as the masculine 
form was easily adopted to denote the period of the 
sun's course, so the feminine, in like manner, might 
well be employed to signify, first, the moon's revo- 
lution, and then the moon herself. The tendency 
among the Romans to have the same word repeat- 
ed, first as a male, and then as a female deity, has 
been noticed by Niebuhr ; and there occurs a com- 
plete parallel in the name Dianus, afterward Janus, 
for the god of dies, or light, the sun ; Diana, after- 
ward Jana, for the goddess of light, the moon, to 
gay nothing of the words Jupiter and Juno. That 
*.he month of March should have been selected 
arose from its being the first of the year, and a sac- 
rifice to the moon might well take place on the day 
when her power is fully displayed to man. The 
epithet Perenna itself means no more than ever-cir- 
cling. Nay, Macrobius himself* connects the two 
words with annus, when he states the object of 
the sacrifice to be, ut annare perenno,reque commode 
liceat. 

Another argument in favour of the lunar origin 
of the Roman month is deducible from the practice 
of counting the days backward from the kalends, 
nones, and ides; for the phrases will then amount 
to saying, " It wants so many days to the new 
moon, to the first quarter, to full moon." It would 
be difficult, on any other hypothesis, to account for 
the adoption of a mode of calculation, which, to our 
notions, at least, is so inconvenient ; and, indeed, it 
is expressly recorded that this practice was derived 
from Greece, under which term the Athenians prob- 
ably are meant ; and by these we know that a 
strictly lunar year was employed down to a late 
period. 5 

But perhaps the most decisive proof of all lies in 
the simple statement of Livy, 6 that Numa so regula- 
ted his lunar year of twelve months by the insertion 
of intercalary months, that at the end of every nine- 
teenth year it again coincided with the same point 
in thi sun's course from which it started. His 
words are, " Quern {annum) inter calaribus mensibus 
interponcndis ita dispensavit ut vicesimo anno ad me- 
tarn eandem solis unde orsi sunt, plenis annorum om- 
nium spatiis, dies congruerent." We quote the text, 



1. (Ovid, Fast., i., 55 ; vi., 39.— Macrob., Sat., i., 9, 15.)— 2. 
(Antiq. Rom., x., 59.)— 3. (Macrob., ib )— 4 fc. 12.)— 5. (Ma- 
•j-nn., c. 16.)— 6. (i., 19.) 
H a 



because editors, in support of a theory, have taken 
the liberty of altering it by the insertion of the 
word quarto, forgetting, too, that the words quarto 
et vicesimo anno signify, not every twenty-fourth 
year, which their theory requires, but every twenty 
third, according to that peculiar error of the Ro- 
mans which led them to count both the extreme* 
in defining the internal from one point to another, 
and which still survives in the medical phrases ter 
tian and quartan ague, as well as in the French ex- 
pressions huit jours for a week, and quinze jours foi 
a fortnight. Accordingly, it is not doing violence 
to words, but giving the strict and necessary mean- 
ing to them, when, in our own translation of the 
passage in Livy, we express vicesimo anno by every 
nineteenth year. 

Now 19 years, it is well known, constitute a most 
convenient cycle for the conjunction of a lunar and 
solar year. A mean lunation, or synodic month, ac- 
cording to modern astronomy, is 29d., 12h., 44' 3", 
and a mean tropical year 365d., 5h., 48' 48". Hence 
it will be found that 235 lunations amount to 6939d., 
16h., 31' 45", while 19 tropical years give 6939d.. 
14h., 27' 12", so that the difference is only 2h., 4' 
33". Although it was only in the second century 
B.C. that Hipparchus gave to astronomical obser- 
vations a nicety which could pretend to deal with 
seconds (his valuation of the synodic month was 
29d., 12h., 44' 31" 1 ), yet, even in the regal period 
of Rome, the Greek towns in the south of Italy 
must already have possessed astronomers, from 
whom the inhabitants of Latium could have bor- 
rowed such a rough practical knowledge of both 
the moon and sun's period as was sufficient to show 
that at the end of 19 solar years the moon's age 
would be nearly what it was at the commencement; 
and it should be recollected that the name of Numa 
is often connected by tradition with the learning of 
Magna Graecia. At any rate, a cycle of 19 years 
was introduced by Meton, at Athens, in the yeai 
432 B.C. ; and the knowledge of it among the learn- 
ed may probably have preceded, by a long period, 
its introduction into popular use, the more so as 
religious festivals are generally connected with the 
various divisions of time, and superstition, there- 
fore, would be most certainly opposed to innova- 
tions of this nature. How the Romans may have 
intercalated in their 19 lunar years the seven addi 
tional months which are requisite to make up the 
whole number of 235 (=12xl9-|-7) lunations, is a 
subject upon which it would be useless to speculate. 
From a union of these various considerations, it 
must be deemed highly probable that the Romans 
at one period possessed a division of time depend- 
ant upon the moon's course. 

Year of the Decemviri (so called by Ideler). — The 
motives which induced the Romans to abandon the 
lunar year are nowhere recorded, nor, indeed, the 
date of the change. We have seen, however, that 
even in the year 448 B.C., the year was still regu- 
lated by the moon's course. To this must be add- 
ed, that, according to Tuditanus and Cassius Hemi- 
na, a bill on the subject of intercalation was brought 
before the people by those decemviri who added the 
two new tables to the preceding Ten, 2 that is, in the 
year 450 B.C. That the attention of these decem- 
viri was called to the calendar is also proved by the 
contents of the Eleventh Table, wherein it is de- 
creed that " the festivals shall be set down in the 
calendars." We have the authority of Varro, in 
deed, that a system of intercalation already existed 
at an earlier date ; for he says that there was a 
very ancient law engraved on a bronze pillar by L. 
Pinarius and Furius in their consulate cui mentio 
inter Talaris ascribitur. We add the last word s m 

1. (Ptolem., Almag , iv., 2.V— 2. ^lacrob., c. 13;) 

193 



CALENDAR. 



CALENDAR. 



a 






Latin from the text of Macrobius, 1 because their 
import is doubtful. If we are right in interpreting 
them thus, " the date upon which is expressed by a 
month called intercalary" all that is meant may be 
one of the intercalary lunations, which must have 
existed even in the old lunar year. At the period 
of the decemviral legislation there was probably 
instituted that form of the year of 354 days, which 
was corrected by the short intercalary month called 
Mercedonius or Mercidinus ; but so corrected as to 
deprive the year and month of all connexion with 
the moon's course. The length of the several or- 
dinary months was probably that which Censorinus 
has erroneously allotted to the months of Numa's 
lunar year, viz. : 

Martius 31 days. September 29 days. 

Aprilis 2§ " October 31 " 

Maius 31 " November 29 

Junius 29 " December 29 

Quinctilis 31 " Januarius 29 

Sextilis 29 " Februarius 28 

Such, at any rate, was the number of days in 
each month immediately prior to the Julian correc- 
tion ; for both Censorinus and Macrobius say that 
Caesar added two days to Januarius, Sextilis, and 
December, and one to Aprilis, Junius, September, 
and November. Hence Niebuhr appears to have 
made an error when he asserts 2 that July acquired 
two more days at the reformation of the calendar, 
and founds thereon a charge of carelessness against 
Livy. That November had but 29 days prior to the 
correction — in other words, that the XVII. Kil. Dec. 
immediately followed the Idus Nov., appears like- 
wise, from a comparison of Cicero's letters to Tiro ; 3 
for he reaches Corcyra a. d. V. Id. Nov., and on 
the XV. Kal. Dec. complains, " Septumum jam diem 
enebamur." The seven days in question would be 
IV. Id.. III. Id., Prid. Id., Id. Nov., XVII. Kal. Dec, 
XVI. Kal. Dec, XV. Kal. Dec. That the place of 
the nones and ides was in each month the same 
before the Julian correction as afterward, is assert- 
ed by Macrobius. 

The main difficulty is with regard to the mode of 
intercalation. Plutarch, we have already observed, 
speaks of an intercalation, by him referred to Numa, 
of 22 days in alternate years in the month of Feb- 
ruary. Censorinus, with more precision, says that 
the number of days in each intercalation was either 
22 or 23, and Macrobius agrees with him in sub- 
stance. Of the point at which the supernumerary 
month was inserted, the accounts are these : Var- 
ro* says the twelfth month was February ; and 
when intercalations take place, the last five days 
of this month are removed. Censorinus agrees 
herewith, when he places the intercalation gener- 
ally (potissimum) in the month of February, between 
the Terminalia and the Regifugium, that is, imme- 
diately after the day called by the Romans a. d. VI. 
Kal. Mart., or by us the 23d of February. This, 
again, is confirmed by Macrobius. The setting 
aside of the last five days agrees with the practice 
which Herodotus ascribes to the Egyptians, of con- 
sidering the five days over the 360 as scarcely be- 
longing to the year, and not placing them in any 
month. So completely were these five days con- 
sidered by the Romans to be something extraneous, 
that the soldier appears to have received pay only 
for 389 days. For in the time of Augustus the sol- 
dier received deni asses per day, i. e., -j-g- of a dena- 
rius ; but Domitian 6 addidit quartum stipendium au- 
reos tcrnos. Thus, as 25 denarii made an aureus, 



the annual pay piior to Domitian was 



360x 10 
16~ 



de- 



1. (c. 13.)— 2. (ii., 531, note 1179.)— 3. (ad Fam., xvi., 
—4 (De Ling. Laf., vi., 55.)— 5 vSuet., Dom., 7.) 
194 



7,9.) 



360X10 . n . _ , u 

nam, or -— ; — — aurei =9 aurei ; and thus the ad- 
lb X25 

dition of three aurei was precisely a fourth more. 

Lastly, the festival Terminalia, as its name implies, 

marked the end of the year ; and this, by-the-way, 

again proves that March was originally the first 

month. 

The intercalary month was called Mepnidivoc, 01 
Mepicijdovioe. 1 We give it in Greek characters, be 
caiise it happens somewhat strangely that no Latin 
author has mentioned the name, the term mensis 
interkalaris or interkalarius supplying its place. 
Thus, in the year of intercalation, the day after the 
ides of February was called, not, as usual, a. d. XVI. 
Kalendas Martius, but a. d. XI. Kalendas interka- 
laris. So, also, there were the Nonas interkalares 
and Idus interkalares, and after this last came ei- 
ther a. d. XV. or XVI. Kal. Mart., according as the 
month had 22 or 23 days ; or, rather, if we add the 
five remaining days struck off from February, 27 or 
28 days. In either case the Regifugium retained 
its ordinary designation a. d. VI. Kal. Mart. 8 When 
Cicero writes to Atticus, " Accepi tuas litter as a. d. 
V. Terminalia" (i. e., Feb. 19), he uses this strange 
mode of defining a date, because, being then in Cili- 
cia, he was not aware whether any intercalation 
had been inserted that year. Indeed, he says, in 
another part of the same letter, "JEa sic observabo, 
quasi interkalatum non sit." 

Besides the intercalary month, mention is occa- 
sionally made of an intercalary day. The object of 
this was solely to prevent the first day of the year, 
and perhaps also the nones, from coinciding with 
the nundinse, of which mention has been already 
made. 3 Hence, in Livy,* " Intercalation eo anno; 
postridie Terminalia inter calares fuerunt." This 
would not have been said had the day of intercala- 
tion been invariably the same ; and, again, Livy,' 
" Hoc anno intercalation est. Tertio die post Termi- 
nalia Calendar intercalares fuere" i. e., two days af- 
ter the Terminalia, so that the dies intercalaris was 
on this occasion inserted, as well as the month so 
called. Nay, even after the reformation of the cal- 
endar, the same superstitious practice remained. 
Thus, in the year 40 B.C., a day was inserted for 
this purpose, and afterward an omission of a day 
took place, that the calendar might not be disturb- 
ed. 6 

The system of intercalating in alternate years 22 
or 23 days, that is, of ninety days in eight years, 
was borrowed, we are told by Macrobius, from the 
Greeks ; and the assertion is probable enough, first, 
because from the Greeks the Romans generally de- 
rived all scientific assistance ; and, secondly, be- 
cause the decemviral legislation was avowedly de- 
duced from that quarter. Moreover, at the very 
period in question, a cycle of eight years appears to 
have been in use at Athens, for the Metonic period 
of 19 years was not adopted before 432 B.C. The 
Romans, however, seem to have been guilty of some 
clumsiness in applying the science they derived 
from Greece. The addition of ninety days in a cy- 
cle of eight years to a lunar year of 354 days would, 
in substance, have amounted to the addition of ll£ 
(=90H-8) days to each year, so that the Romans 
would virtually have possessed the Julian calendar. 
As it was, they added the intercalation to a year of 
355 days ; and, consequently, on an average, every 
year exceeded its proper length by a day, if we neg* 
lect the inaccuracies of the Julian calendar. Ac- 
cordingly, we find that the civil and solar years 
were greatly at variance in the year 564 A.U.C 
On the 11th of Quinctilis in that year, a remarkable 

1. (Plutarch, Numa, 19. — Cses., 59.)— 2. (Vid. Ascon., ad OraL 
pro Milon.— Fast. Triumphal., 493 A.U.C.)— 3. (Marrob., e. S.J 
—4. (xlv., 44.)— 5. (xliii., 11.)— 6. (Dion, xlviii.. 3? ) 



CALENDAR. 



CALENDAR. 



eclipse ol the sun occurred. 1 This eclipse, says 
Ideler, can have been no other than the one which 
occurred on the 14th of March, 190 B.C. of the Ju- 
lian calendar, and which at Rome was nearly total. 
Again, the same historian 8 mentions an eclipse of 
the moon, which occurred in the night between the 
3d and 4th of September, in the year of the city 586. 
This must have been the total eclipse in the night 
between the 21st and 22d of June, 168 B.C. 

That attempts at legislation for the purpose of 
correcting so serious an error were actually made, 
appears from Macrobius, who, aware himself of the 
cause of the error, says that, by way of correction, 
in every third octoennial period, instead of 90 inter- 
calary days, only 66 were inserted. Again, it ap- 
pears that M.Acilius Glabrio, in his consulship 169 
B.C., that is, the very year before that in which the 
above-mentioned lunar eclipse occurred, introduced 
some legislative measure upon the subject of inter- 
calation. 3 According to the above statement of 
Macrobius, a cycle of 24 years was adopted, and it 
is this very passage which has induced the editors 
of Livy to insert the word quarto in the text already 
quoted. 

As the festivals of the Romans were for the most 
part dependant upon the calendar, the regulation of 
the latter was intrusted to the college of pontifices, 
who in early times were chosen exclusively from 
the body of patricians. It was, therefore, in the 
power of the college to add to their other means of 
oppressing the plebeians, by keeping to themselves 
the knowledge of the days on which justice could 
be administered, and assemblies of the people could 
be held. In the year 304 B.C., one Cn. Flavius, a 
recretary (scriba) of Appius Claudius, is said fraud- 
ulently to have made the Fasti public* It appears, 
however, from the last passage, that Atticus doubt- 
ed the truth of the story. In either case, the other 
privilege of regulating the year by the insertion of 
the intercalary month gave them great political 
power, which they were not backward to employ. 
Everything connected with the matter of intercala- 
tion was left, says Censorinus, 5 to the unrestrained 
pleasure of the pontifices ; and the majority of these, 
on personal grounds, added to or took from the year 
by capricious intercalations, so as to lengthen or 
shorten the period during which a magistrate re- 
mained in office, and seriously to benefit or injure 
the farmer of the public revenue. Similar to this 
is the language employed by Macrobius, 6 Ammia- 
nus, 7 Solinus, 8 Plutarch, 9 and their assertions are 
confirmed by the letters of Cicero, written during 
his proconsulate in Cilicia, the constant burden of 
which is a request that the pontifices will not add 
to his year of government by intercalation. 

In consequence of this license, says Suetonius, 10 
neither the festivals of the harvest coincided with 
the summer, nor those of the vintage with the au- 
tumn. But we cannot desire a better proof of the 
confusion than a comparison of three short passa- 
ges in the third book of Caesar's Bell. Civ., 11 " Pri- 
die nonas Januarias navis solvit, 12 jamque hiems ad- 
propinquabat, 13 multi jam menses transierant et hiems 
)am prcecipitaverat." 

Year of Julius Ccesar. — In the year 46 B.C., 
Caesar, now master of the Roman world, crowned 
his other great services to his country by employing 
his authority, as pontifex maximus, in the correction 
of this serious evil. For this purpose he availed 
himself of the services of Sosigenes the peripatetic, 

1. (Liv., xxxvii., 4.)— 2. (xliv., 37.)— 3. (Macrob., c. 13.)— 4. 
(Liv , xi., 46.— Cic, Pro Muraen., c. 11. — Plin., H. N., xxxiii., 
1. — Val. Max., ii., 5. — Aul. Gell., vi., 9. — Macrob., i., 15. — 
Pomponius, De Origine Juris, in the Digests, 1, tit. 2. — Cicero, 
ad Att., vi., 1.)— 5. (c. 20.)— 6. (i., 14.)— 7. (xxvi., 1.)— 8. (c. 1.) 
—9. (Jul., 59.)— 10. (Jul 40.)— 11 (c 6)— 12. (c. 9.)— 13. (c. 
25 1 



and a scriba named M. Flavius, though he himse.H 
too, we are told, was well acquainted with astrono- 
my, and, indeed, was the author of a work of some 
merit upon the subject, which was still extant in 
the time of Pliny. The chief authorities upon the 
subject of the Julian reformation are Plutarch, 1 Pio 
Cassius, 3 Appian, 8 Ovid,* Suetonius, 6 Pliny, 6 Cen 
sorinus, 7 Macrobius, 8 Ammianus Marcellinus, 9 So- 
linus. 18 Of these, Censorinus is the most preci&e • 
" The confusion was at last," says he, " carried so 
far, that C. Caesar, the pontifex maximus, in his 
third consulate, with Lepidus for his colleague, in- 
serted between November and December two in- 
tercalary months of 67 days, the month of February 
having already received an intercalation of 23 days, 
and thus made the whole year to consist of 445 
days. At the same time, he provided against a 
repetition of similar errors by casting aside the 
intercalary month, and adapting the year to the 
sun's course. Accordingly, to the 355 days of the 
previously existing year, he added ten days, which 
he so distributed between the seven months having 
29 days, that January, Sextilis, and December re- 
ceived two each, the others but one ; and these 
additional days he placed at the end of the several 
months, no doubt with the wish not to remove the 
various festivals from those positions in the several 
months which they had so long occupied. Hence, 
in the present calendar, although there are seven 
months of 31 days, yet the four months which from 
the first possessed that number are still distinguish- 
able by having their nones on the seventh, the rest 
having them on the fifth of the month. Lastly, in 
consideration of the quarter of a day, which he 
considered as completing the true year, he estab- 
lished the rule, that at the end of every four years 
a single day should be intercalated where the month 
had been hitherto inserted, that is, immediately 
after the Terminalia ; which day is now called the 
Bissextum." 

This year of 445 days is commonly called by 
chronologists the year of confusion ; but by Macro- 
bius, more fitly, the last year of confusion. The 
kalends of January, of the year 708 A.U.C., fell on 
the 13th of October, 47 B.C. of the Julian calendar ; 
the kalends of March, 708 A.U.C., on the 1st of 
January, 46 B.C. ; and, lastly, the kalends of Janu- 
ary, 709 A.U.C., on the 1st of January, 45 B.C. 
Of the second of the two intercalary months in- 
serted in this year after November, mention is made 
in Cicero's letters. 11 

It was probably the original intention of Caesar 
to commence the year with the shortest day. The 
winter solstice at Rome, in the year 46 B.C., occur- 
red on the 24th of December of the Julian calendar. 
His motive for delaying the commencement for 
seven days longer, instead of taking the following 
day, was probably the desire to gratify the supersti- 
tion of the Romans, by causing the first year of the 
reformed calendar to fall on the day of the new 
moon. Accordingly, it is found that the mean new 
moon occurred at Rome on the 1st of January, 45 
B.C., at 6h. 16' P.M. In this way alone can be ex 
plained the phrase used by Macrobius : " Annum 
civilem Ccesar, habitis ad lunam dimensionibus consti- 
tutum, edicto palam proposito publicavit. ,> This edict 
is also mentioned by Plutarch where he gives the 
anecdote of Cicero, who, on being told by some one 
that the constellation Lyra would rise the next 
morning, observed, " Yes, no doubt, in obedience \t 
the edict." 

The mode of denoting the days of the month will 



1. (Ci£s., c. 59.)— 2. (xliii., 26.)— 3. (De Bell. Civ , ii., ad 
extr.)^. (Fasti, iii., 155.)— 5. (Jul., c. 40.)— 6. (II. N., xvin., 
57.)— 7. (c. 20.)— 8. (Sat., i., 14.)— 9. (xxvi., 1.)— 10. (i., 45.)— 
11. (AdFam, vi.. 14.) 

I9. r i 



CALENDAR. 



CALENDAR. 



cause no difficulty, if it be recollected that the kal- 
ends always denote the first of the month, that the 
nones occur on the seventh of the four months 
March, May, Quinctilis or July, and October, and 
on the fifth of the other months ; that the ides al- 
ways fall eight days later than the nones; and, 
lastly, that the intermediate days are in all cases 
reckoned backward, upon the Roman principle al- 
ready explained of counting both extremes. 

For the month of January the notation will be as 
follows : 

1 Kal. Jan. 17 a. d. XVI. Kal. Feb. 

2 a. d. IV. Non. Jan. 18 a. d. XV. Kal. Feb. 

3 a. d. III. Non. Jan. 19 a. d. XIV. Kal. Feb. 

4 Prid. Non. Jan. 20 a. d. XIII. Kal. Feb. 

5 Non. Jan. 21 a. d. XII. Kal. Feb. 

6 a. d. VIII. Id. Jan. 22 a. d. XI. Kal. Feb. 

7 a. d. VII. Id. Jan. 23 a. d. X. Kal. Feb. 

8 a. d. VI. Id. Jan. 24 a. d. IX. Kal. Feb. 

9 a. d. V. Id. Jan. 25 a. d. VIII. Kal. Feb. 

10 a. d. IV. Id. Jan. 26 a. d. VII. Kal. Feb. 

1 1 a. d. III. Id. Jan. 27 a. d. VI. Kal. Feb. 

12 Prid. Id. Jan. 28 a. d. V. Kal. Feb. 

13 Id. Jan. 29 a. d. IV. Kal. Feb. 

14 a. d. XIX. Kal. Feb. 30 a. d. III. Kal. Feb. 

15 a. d. XVIII. Kal. Feb. 31 Prid. Kal. Feb. 

16 a. d. XVII. Kal. Feb. 

The letters a. d. are often, through error, written 
together, and so confounded with the preposition 
ad, which would have a different meaning, for ad 
kalendas would signify by, i. e., on or before the kal- 
ends. The letters are in fact an abridgment of ante 
diem, and the full phrase for " on the second of 
January" would be ante diem quartum nonas Janu- 
arias. The word ante in this expression seems 
really to belong in sense to nonas, and to be the 
cause why nonas is an accusative. Hence occur 
such phrases as 1 in ante diem quartum Kal. Decem- 
bris distulit, " he put it off to the fourth day before 
the kalends of December," 2 Is dies erat ante diem 
V. Kal. Apr., and ante quern diem iturus sit, for quo 
die. 3 The same confusion exists in the phrase 
post paucos dies, which means " a few days after," 
and is equivalent to paucis post diebus. Whether the 
phrase Kalenda Januarii was ever used by the best 
writers is doubtful. The words are commonly ab- 
breviated ; and those passages where Aprilis, De- 
cembris, &c, occur, are of no avail, as they are 
probably accusatives. The ante may be omitted, in 
which case the phrase will be die quarto nonarum. 
In the leap year (to use a modern phrase), the last 
days of February were called, 

Feb. 23. a. d. VII. Kal. Mart. 

Feb. 24. a. d. VI. Kal. Mart, posteriorem. 

Feb. 25. a. d. VI. Kal. Mart, priorem. 

Feb. 26. a. d. V. Kal. Mart. 

Feb. 27. a. d. IV. Kal. Mart. 

Feb. 28. a. d. III. Kal. Mart. 

Feb. 29. Prid. Kal. Mart. 
In which the words prior and posterior are used in 
reference to the retrograde direction of the reckon- 
ing. Such, at least, is the opinion of Ideler, who 
refers to Celsus in the Digests.* 

From the fact that the intercalated year has two 
days called ante diem sextum, the name of bissextile 
has been applied to it. The term annus bissextilis, 
however, does not occur in any writer prior to Beda, 
but, in place of it, the phrase annus bissextus. 

It was the intention of Caesar that the bissextum 
should be inserted peracto quadriennii circuitu, as 
Censorinus says, or quinto quoque incipiente anno, to 
use the words of Macrobius. The phrase, however, 
which Caesar used seems to have been quarto quoque 
enno, which was interpreted by the priests to mean 

1. (Cic, Phil., iii., 8.)— 2. (Caes., Bell. Gall., i.,6.)— 3 (Csbs., 
Bell. C : v., i., 11 >— 4. (50, tit. 16, s. 98.) 
196 



every third year. The consequence was, that la 
the year 8 B.C., the Emperor Augustus, finchng that 
three more intercalations had been made than was 
the intention of the law, gave directions that for the 
next twelve years there should be no bissextile. 

The services which Caesar and Augustus had 
conferred upon their country by the reformation of 
the year seems to have been the immediate causes 
of the compliments paid to them by the insertion 
of their names in the calendar. Julius was substi- 
tuted for Quinctilis, the month in which Caesar waa 
born, in the second Julian year, that is, the year of 
the dictator's death -, 1 for the first Julian year was 
the first year of the corrected Julian calendar, that 
is, 45 B.C. The name Augustus, in place of Sex- 
tilis, was introduced by the emperor himself, at the 
time when he rectified the error in the mode of in- 
tercalating, 2 anno Augustano xx. The first year of 
the Augustan era was 27 B.C., viz., that in which 
he first took the name of Augustus, se vii. et M. 
Vipsanio Agrippa coss. He was born in September, 
but gave the preference to the preceding month, for 
reasons stated in the senatus consultum, preserved 
by Macrobius. 3 " Whereas the Emperor Augustus 
Caesar, in the month of Sextilis, was first admitted 
to the consulate, and thrice entered the city in tri- 
umph, and in the same month the legions from the 
Janiculum placed themselves under his auspices, 
and in the same month Egypt was brought under 
the authority of the Roman people, and in the same 
month an end was put to the civil wars ; and 
whereas, for these reasons, the said month is, and 
has been, most fortunate to this empire, it is hereby 
decreed by the senate that the said month shall be 
called Augustus." " A plebiscitum to the same ef- 
fect was passed on the motion of Sextus Pacuvius, 
tribune of the plebs." 

The month of September in like manner received 
the name of Germanicus from the general so called, 
and the appellation appears to have existed even in 
the time of Macrobius. Domitian, too, conferred 
his name upon October, but the old word was re- 
stored upon the death of the tyrant. 

The Fasti of Caesar have not come down to us 
in their entire form. Such fragments as exist may 
be seen in Gruter's Inscriptiones, or more com- 
pletely in Foggini's work, Fastorum Anni Romant 
. . reliquice. See also some papers by Ideler in the 
Berlin Transactions for 1822 and 1823. 

The Gregorian Year. — The Julian calendar sup- 
poses the mean tropical year to be 365d. 6h. ; but 
this, as we have already seen, exceeds the reai 
amount by IT 12", the accumulation of which, yeai 
after year, caused, at last, considerable inconveni- 
ence. Accordingly, in the year 1582, Pope Gregory 
the XHIth., assisted by Aloysius, Liiius, Christoph 
Clavius, Petrus Ciaconius, and others, again re- 
formed the calendar. The ten days by which the 
year had been unduly retarded were struck out by 
a regulation that the day after the fourth of October 
in that year should be called the fifteenth ; and it 
was ordered that, whereas hitherto an intercalaiy 
day had been inserted every four years, for the fu- 
ture three such intercalations in the course of four 
hundred years should be omitted, viz., in those 
years which are divisible without remainder by 100, 
but not by 400. Thus, according to the Julian cal 
endar, the years 1600, 1700, 1800, 1900 and 2000 
were to have been bissextile ; but, by the regulation 
of Gregory, the years 1700, 1800, and 1900, were 
to receive no intercalation, while the years 1600 
and 2000 were to be bissextile as before. The bull 
which effected this change was issued Feb. 24. 
1582. The fullest account of this correction is to 
be found in the work of Clavius, entitled Roman 

1. (Censorinus. c. 22.)— 2. (Suet., Octav., c. 31.)- 3. (c. 12.1 



CALENDAR. 



CALENDAR. 



Calcndarii a Gregorio XIII. P.M. rcstituti Explica- 
tio. As the Gregorian calendar has only 97 leap- 
years in a period of 400 years, the mean Gregorian 
year is (303 X 365-1-97 x 366) -f 400, lhat is, 365d., 
5h., 49' 12", or only 24" more than the mean tropi- 
cal year. This difference, in sixty years, would 
amount to 24', and in 60 times 60, or 3600 years, 
to 24 hours, cr a day. Hence the French astrono- 
mer, Delambre, has proposed that the years 3600, 
7200, 10,800, and all multiples of 3600, should not 
be leap-years. The Gregorian calendar was intro- 
duced into the greater part of Italy, as well as in 
Spain and Portugal, on the day named in the bull. 
Into France, two months after, by an edict of Henry 
III., the 9th of December was followed by the 20th. 
The Catholic parts of Switzerland, Germany, and 
the Low Countries adopted the correction in 1583, 
Poland in 1586, Hungary in 1587. The Protestant 
parts of Europe resisted what they called a papis- 
tical invention for more than a century. At last, 
in 1700, Protestant Germany, as well as Denmark 
and Holland, allowed reason to prevail over preju- 
dice, and the Protestant cantons of Switzerland 
copied their example the following year. 

In England, the Gregorian calendar was first 
adopted in 1752, and in Sweden in 1753. In Rus- 
sia, and those countries which belong to the Greek 
Church, the Julian year, or old style as it is called, 
still prevails. 

In this article free use has been made of Ideler's 
work Lehrbuch dcr Chronologic For other infor- 
mation connected with the Roman measurement 
of time, see Clepsydra, Dies, Hora, Horologia, 
Lustrum, Nundin^:, Speculum, Sidera. 

The following Calendar, which gives the rising 
and setting of the stars, the Roman festivals, &c, 
is taken from an article on the Roman Calendar 
in Pauly's Real-Encyclop'ddie der classischen Alter- 
th:imswis sense haft. It has been principally compiled 
from Ovid's Fasti, Columella, and Pliny's Natural 
History. The letter O. signifies Ovid, C. Columella, 
I*. Pliny; but when C. is placed immediately after 
the date, it signifies a day on which the Comitia 
were held. 



A. 
B. 
C. 

r> 



1 Jan. Kal. 



2 
3 
4 



E. 5 



IV. 

III. 

Prid. 

Non. 



F. 


6 


VIII 


G 


7 


VII 


H 


8 


VI 


A. 


9 


V 


B. 


10 


IV 


C. 


11 


III 


D. 


12 


Prid 


E. 


13 


Id 


P. 


14 


XIX 


G. 


15 


XVIII. 


H. 


16 


XVII. 


A. 


17 


XVI 


S 


18 


XV 


C. 


19 


XIV. 


D. 


20 


XIII. 


L 


21 


XII 



JANUARIUS. 

F. 
F. 

C. Cancer occidit. 

C Caesari Delphinus matutino ex- 
oritur. PI. 

F. Lyra oritur. O. et P. tempesta- 
tem significat. O. Atticae et finiti- 
mis regionibus aquila vesperi occi- 
dit. 

F. 

C. 

C. Delphini vespertino occasu con- 
tinui dies hiemant Italiae. PI. 

Agon. Delphinus oritur. O. 

En. Media hiems. O. 

Car. Np. 

C. 

Np. 

En. Dies vitios. ex SC. 

Car. Tempestas incerta. C. 

C. Sol in Aquarium transit, Leo 
mane incipit occidere ; africus, in- 
terdum auster cum pluvia. C. 

C. Sol in Aquario. O. et P. Cancer 
desinit occidere : hiemat. C. 

C. Aquarius incipit oriri, ventus af- 
ricus tempestatenr. significat. C. 

C. 

C. 

c. 



F. 22 XI. C. Fidicula vesperi occidit, dies plu< 

vius. C. 

G. 23 X. Lyra occidit. O. 

H. 24 IX. C. Leonis, qua? est in pectore, clara 
Stella occidit. O. Ex occasu pris- 
tini sideris significat tempestatem ; 
interdum etiam tempestas. C. 

A. 25 VIII. C. Stella regia appellata Tuberoni 

in pectore Leonis occidit matuti 
no. P. 

B. 26 VII. C. 

C. 27 VI. C. Leonis, quae est in pectore, clara 

Stella occidit, nonnunquam signifi- 
catur hiems tripartita. C. 

D. 28 V. C. Auster, aut africus, hiemat : plu- 

vius dies. C. 

E. 29 IV. F. 

F. 30 IU. N. Delphinus incipit occidere, item 

Fidicula occidit. C. 

G. 31 Prid. C. Eorum, quae supra sunt, siderum 

occasus tempestatem facit : inter 
dum tantummodo significat. C. 



H. 1 Feb. Kal. 



A. 
B. 



C. 
D. 



E. 
F. 

G. 
H. 
A. 
B. 
C. 
D. 
E. 



2 
3 



4 
5 



6 

7 

8 
9 
10 
11 
12 
13 
14 



F. 15 



IV. 
III. 



Prid. 
Non. 



VIII. 
VII. 

VI. 
V. 

IV. 

III. 
Prid. 

Id. 
XVI. 



XV. 



G. 


16 


XIV. 


H. 


17 


XIII. 


A. 
B. 

C. 


18 
19 
20 


XII. 

XI. 

X. 


D. 


21 


IX. 


E. 


22 


VIII. 


F. 


23 


VII. 


G. 
H. 
A. 


24 
25 
26 


VI. 

V. 

IV. 



FEBRUARIUS. 

N. Fidis incipit occidere, ventus eu 
rinus et interdum auster cum gran 
dine est. C. 

N. Lyra et medius leo occidunt. O. 

N. Delphinus occidit. O. Fidis tota 
et Leo medius occidit. Corus aut 
septentrio, nonnunquam favonius. 
C. . 

N. Fidicula vesperi occidit. P. 

Aquarius oritur, zephyrus flare inci- 
pit. O. Mediae partes Aquarii oii- 
untur, ventosa tempestas. C. 

N. 

N. Calisto sidus occidit : favonii spt- 
rare incipiunt. C. 

N. Ventosa tempestas. C. 

N. Veris initium. 0. 

N. 

N. Arctophylax oritur. O. 

N. 

Np. 

N. Corvus, Crater, et Anguis oriun- 
tur. 0. Vesperi Crater oritur, 
venti mutatio. C. 

Luper. Np. Sol in Pisces transitum 
facit : nonnunquam ventosa tem- 
pestas. 

En. Venti per sex dies vehementius 
flant. Sol in Piscibus. 0. 

Quir. Np. Favonius vel auster cum 
grandine et nimbis ut et sequent! 
die. C. 

C. 

C. 

C. Leo desinit occidere ; venti sev 
tentrionales, qui dicuntur ornithiae, 
per dies triginta esse solent : turn 
et hirundo advenit. C. 

Feral. F. Arcturus prima nocte ori- 
tur : frigidus dies : aquilone. vel 
coro, interdum pluvia. C. 

C. Sagitta crepusculo incipit oriri ; 
vanae tempestates : halcyonei dies 
vocantur. C. 

Ter. Np. Hirundinum adventus. 0. 
Ventosa tempestas. Hirundo con- 
spicitur. C. Arcturi exortus ve* 
pertinus. P. 

Regif. N. 

C. 

En 

197 



CALENDAR. 



CALENDAR. 



B. 27 III. Eq. Np. 
28 Prid. C. 



D. 
E. 
F. 
G. 
H. 



1 Mart. Ki 

2 VI. 

3 V. 

4 IV. 

5 III. 



A. 6 Prid, 



B. 

C. 



7 
8 



D. 9 



E. 
F. 

<G. 
H. 
A. 
B. 



C. 
D. 



10 
11 
12 
13 
14 
15 



Non. 
VIII 

VII. 

VI. 

V. 

IV. 

III. 

Prid. 
Id. 



Piscis aqui- 

In Attica Mil- 
P. 



16 XVII. 

17 XVI 



E. 18 



XV. 



F. 


19 


XIV 


G. 


20 


XIII 


Hi 


21 


XII 


A. 


22 


XI 


B. 


23 


X 



C. 24 



D. 
E. 
F. 

G. 
H. 
A. 
B. 



25 
26 

27 

28 
29 
30 
31 



IX, 



VIII. 

VII. 

VI. 

V. 
IV. 

III. 

Prid. 



C. 1 Apr. Kal. 



D. 2 

E 3 

F. 4 

G. 5 



IV. 
III. 

Prid. 

Non. 



H. 6 VIII. 
A. 7 VII. 



6. 8 



VI. 



D. 


9 


V 


D. 


10 


IV 


E. 


11 


III 

198 



MARTIUS. 

l.Np. 
F. 

C. Alter e Piscibus occidit. 0. 
C. 
C. Arctophylax occidit. Vindemi 

ator oritur. O. Cancer oritur Cae- 

sari. P. 
Np. Hoc die Csesar Pontifex Maxi- 

mus factus est. 
F. Pegasus oritur. 0. 
F. Corona oritur. O. 

lonius oritur. P. 
C. Orion exoritur. 

vius apparere servatur. 
C. 

c. 
c. 

En. 

Eq. Np. 

Np. Nepa incipit occidere, significat 
tempestatem. C. Scorpius occidit 
Caesari. P. 

F. Scorpius medius occidit. 0. Ne- 
pa occidit, hiemat. C. 

Lib. Np. Milvius oritur. 0. Sol in 
Arietem transitum facit. Favoni- 
us vel corus. C. 

N. Sol in Ariete. O. Italiae Milvi- 
us ostenditur. P. 

Quin. N. 

C. 

C. Equus occidit mane. C. P. sep- 
tentrionales venti. C. 

N. 

Tubil. Np. Aries incipit exoriri, plu- 
vius dies, interdum ningit. C. 

Q. Rex C. F. Hoc et sequenti die 
aequinoctium vernum tempestatem 
significat. C. 

C. iEquinoctium vernum. 0. P. 

C. 

Np. Hoc die Caesar Alexandriam 
recepit. 

C. 

C. 

c. 
c. 

APKILIS. 

N. Scorpius occidit. O. Nepa oc- 
cidit mane, tempestatem signifi- 
cat. C. 

C. Pleiades occidunt. C. 

C. In Attica Vergiliae vesperi oc- 
cultantur. C. 

C. Ludi Matr. Mag. Vergiliae in Bce- 
otia occultantur vesperi. P. 

Ludi. Favonius aut auster cum 
grandine. C. Caesari et Chal- 
daeis Vergiliae occultantur vesperi. 
iEgypto Orion et Gladius ejus in- 
cipiunt abscondi. P. 

Np. Ludi. Vergiliae vesperi celan- 
tur. Interdum hiemat. C. 

N. Ludi. Hoc die et duobus sequen- 
tibus austri et africi, tempestatem 
significant. C. 

N. Ludi. Significatur imber Librae 
occasu. P. 

N. Ludi. 

N. Ludi in Cir. 

N. Ludi. 



F. 12 Prid. 



G. 
H. 

A. 
B. 



13 Id. 

14 XVIII. 

15 XVII. 

16 XVI. 



C. 17 



XV. 



D. 18 XIV. 



E. 

F. 

G. 

H. 

A. 

B. 
C. 



19 

20 

21 

22 

23 

24 
25 



D. 26 



XIII. 

XII. 

XI. 

X. 

IX. 

VIII. 
VII. 

VI. 



E. 


27 V. 


F. 


28 IV. 


G. 


29 III. 


H. 


30 Prid. 


A. 
B. 


IMaLKal. 
2 VI. 



C. 3 



D. 
E. 



4 
5 



IV. 
III. 



F. 6 Prid. 



G. 


7 


Non. 


H. 


8 


VIII. 


A. 


9 


VII. 


B. 


10 


VI. 


C. 


11 


V. 


D. 
E. 


12 
13 


IV. 

III. 



N. Ludi Cereri. Suculae celautur: 
hiemat. C. 

Np. Ludi. Libra occidit : hiemat. C. 

N. Ludi. Ventosa tempestas et im« 
bres, nee hoc constanter. C 

Ford. Np. Lud. 

N. Ludi. Suculae occidunt vespen 
Atticae. P. 

N. Ludi. Sol in Taurum transitum 
facit, pluviam significat. C. Sucu- 
lae occidunt vesperi Caesari, hoc 
est palilicium sidus. P. 

N. Ludi. Suculae se vesperi celant : 
pluviam significat. C. ^Egypto 
suculae occidunt vesperi. P. 

Cer. N. Ludi in Cir. Sol in tauro. 
O. 

N. Assyriae Suculae occidunt ves- 
peri. C. 

Par. Np. Ver bipartitur, pluvia ei 
nonnunquam grando. C. 

N. Vergiliae cum Sole oriuntur. Af- 
ricus vel auster : dies humidus. C. 

Vin. Np. Prima nocte Fidicula ap- 
paret : tempestatem significat. C. 

C. Palilicium sidus oritur Caesari. P. 

Rob. Np. Medium ver, Aries occi 
dit, tempestatem significat, Canis 
oritur. 0. Hcedi exoriuntur. P. 

F. Bceotiae et Atticae Canis ves- 
peri occultatur. Fidicula mane 
oritur. P. 

C. Assyriae Orion totus abscondi- 
tur. P. 

Np. Ludi flor. Auster fere cum 
pluvia. C. 

C. Ludi. Mane Capra exoritur., 
austrinus dies, interdum pluviae. 
C. Assyriae totus Canis abscondi. 
tur. P. ' 

C. Ludi. Canis se vesperi celat. 
tempestatem significat. 

MAIUS. 

N. Capella oritur. C. 

F. Comp. Argestes flare incipit. 
Hyades oriuntur. 0. Sucula cum 
Sole exoritur, septentrionales ven 
ti. C. Suculae matutino exoriun- 
tur. P. 

C. Centaurus oritur. 0. Centaurus 
totus apparet, tempestatem signif 
icat. C. 

C. 

C. Lyra oritur. O. Centaurus plu 
viam significat. C. 

C. Scorpius medius occidit. O. Ne 
pa medius occidit, tempestatem 
significat. C. 

N. Vergiliae exoriuntur mane ; fa 
vonius. C. 

F. Capella pluvialis oritur Caesari. 
^Egypto vero eodem die Canis 
vesperi occultatur. P. 

Lem. N. iEstatis initium, favoniua 
aut corus, interdum etiam pluvia. 
C. 

C. Vergiliae totae apparent ; favoni- 
us aut corus : interdum et pluviae. 
C. Vergiliarum exortus. C. 

Lem. N. Orion occidit. 0. Arcturi 
occasus matutinus Caesari tempes- 
tatem significat. P. 

Np. Ludi Mart, in Circ. 

Lem. N. Pleiades oriuntur. ^Esta 
tis initium. 0. Fidis mane oritur 



JALENDAR. 



CALENDAR. 



significat tempestatem. C. Fidicu- 

Iae exortus. P. 
i. 14 Prid. C. Taurus oritur. 0. 
G. 15 Id. Np. Fid is mane exoritur, auster, 

aut euro-notus interdum, dies hu- 

midus. C. 
H. 16 XVII. F. 

A. 17 XVI. C. Hoc et sequenti die euro-notus 

vel auster cum pluvia. C. 

B. 18 XV. C. 

C. 19 XIV. C. Sol in Geminis. 0. et C 

D. 20 XIII. C. 

^.21 XII. Agon. Np. Canis oritur. 0. Sucu- 
lae exoriuntur, septentrionales ven- 
ti : nonnunquam auster cum plu- 
via. C. Capella vesperi occidit et 
in Attica Canis. P. 

F. 22 XI. N. Hoc et sequenti die Arcturus 

mane occidit ; tempestatem signif- 
icat. C. Orionis Gladius occidere 
incipit. P. 

G. 23 X. Tub. Np. 

H. 24 IX. Q. Rex. C. F. 

A. 25 VIII. C. Aquila oritur. O. Hoc die et bi- 

duo sequenti Capra mane exoritur, 
septentrionales venti. C. 

B. 26 VII. C. Arctophylax occidit. O. 

C. 27 VI C. Hyades oriuntur. 

D. 28 V. C. 

E. 29 IV. C. 

F. 30 III. C. 
G 31 Prid. C. 

JUNIUS. 

II. .Jun.Kal. N. Aquila oritur. 0. Hoc et se- 
quenti Aquila oritur ; tempestas 
ventosa et interdum pluvia. C. 

A. 2 IV. F. Mart. Car. Monet. Hyades ori- 

untur, dies pluvius. O. Aquila ori- 
tur vesperi. P. 

B. 3 III. C. Caesari et Assyriae Aquila vespe- 

ri oritur. P. 
C. 



C. 
D. 
E. 
F. 



4 
5 
6 
7 



G. 8 

H. 9 
A. 10 



Prid. 

Non. 

VIII. 

VII. 

VI. 

V. 
IV. 



B. 11 III. 

C. 12 Prid. 

D. 13 Id. 

E. 14 XVIII. 

F. 15 XVII. 



G. 16 
H. 17 
A 18 
B 19 



C. 20 

D 21 



E. 22 

F. 23 



XVI. 

XV. 

XIV. 

XIII. 



XII. 
XI. 



X. 

IX. 



G. 24 VIII. 



N. Arcturus matutino occidit. P. 

N. Arctophylax occidit. O. Arctu- 
rus occidit, favonius aut corus. C. 

N. Menti. in capit. Delphinus ves- 
peri exoritur. P. 

Vest. N. Fer. 

N. Delphin. vesperi oritur. 0. et C. 
et P. Favonius, interdum rorat. 
C. 

Matr. N. 

N. 

N. Calor incipit. C. 

N. 

Q. St. D. F. Hyades oriuntur. 0. 
Gladius Orionis exoritur. P. 

C. Zephyrus flat. Orion oritur. 0. 

C. Delphinus totus apparet. 0. 

C. 

C. Minervae in Aventino. Sol in 
Cancro. 0. et C. In ^Egypto Gla- 
dius Orionis oritur. 

0. Summano ad Circ. Max. Ophi- 
uchus oritur. O. 

C. Anguifer, qui a Graecis dicitur 
'Otjaovxoc, mane occidit, tempesta- 
tem significat. 0. 

C. 

C. 

C. Hoc et biduo sequenti solstitium, 
favonius et calor. C. Longissima 
dies totius anni et nox brevissima 
solstitium conficiunt. P. 



C. 6 Prid. 



H. 25 VII. C. 

A. 26 VI. C. Orionis Zona oritur : solstitium. 

O. Orion exoritur Caesari. P 

B. 27 V. C. 

C. 28 IV. C. 

D. 29 III. C Ventosa tempestas. C. 

E. 30 Prid. F. 

JULIUS. 

F. 1 Jul. Kal. N. Favonius vel auster et calor. O 

G. 2 VI. N. 
H. 3 V. N. 

A. 4 IV. Np. Corona occidit mane. C. Zona 

Orionis Assyriae oritur. P. ^Egyp- 
to Procyon matutino oritur. P. 

B. 5 III. Popl. N. Chaldaeis Corona occidit 

matutino. Atticae Orion eo die ex 
oritur. 

N. Ludi Apollin. Cancer medius 
occidit, calor. C. 

N. Ludi. 

N. Ludi. Capricornus medius occi- 
dit. C. 

N. Ludi. Cepheus vesperi exoritur, 
tempestatem significat. C. 

C. Ludi. Prodromi flare incipiunt. 
C. 

C. Ludi. 

Np. Ludi. 

C. Ludi in Cir. 

C. Merk. ^Egyptiis Orion desinit ex- 
oriri. P. 

Np. Merk. Procyon exoritur mane, 
tempestatem significat. C. 

F. Merk. 

C. Assyriae Procyon exoritur. P. 

C.Merk. 

Lucar. Np. Merk. 

C. Ludi Vict. Caesar. Sol in Leo- 
nem transitum facit, favonius. C. 
Aquila occidit. P. 

C. Lucar. Ludi. 

C. Ludi. 

Nept. Ludi. Prodromi in Italia sen- 
tiuntur. P. 
E. 24 IX. N. Ludi. Leonis in pectore clara 
Stella exoritur, interdum tempes- 
tatem significat. C. 

Fur. Np. Ludi. Aquarius incipit oc- 
cidere clare : favonius, vel auster. 
C. 
G. 26 VII. C. Ludi. Canicula apparet ; caligo 
aestuosa. C. 

27 VI. C. In Circ. Aquila exoritur. C. 

28 V. C. In Circ. 

29 IV. C. In Circ. Leonis in pectore cla- 
rae stellae exoriuntur, interdum tem- 
pestatem significat. C. 

30 III. C. In Circ. Aquila occidit, signifi- 
cat tempestatem. C. 

31 Prid. C. 

AUGUSTUS. 

N. Etesiae. C. 
C. Fer. 
C. 

C. Leo medius exoritur ; tempesta- 
tem significat. C. 

5 Non. F. 

6 VIII. F. Arcturus medius occidit P. 

7 VII. C. Aquarius occidit medius, nebu* 

losus aestus. C. 

D. 8 VI. C. Vera ratione autumni initium Fi- 

diculae occasu. P. 

E. 9 V. Np. 

F. 10 IV. C. 

199 



D. 


7 


Non. 


E. 


8 


VIII. 


F. 


9 


VII. 


G. 


10 


VI. 


H. 


11 


V. 


A. 


12 


IV. 


B. 


13 


HI. 


C. 


14 


Prid. 


D. 


15 


Id. 


E. 


16 


XVII. 


F. 


17 


XVI. 


G. 


18 


XV. 


H. 


19 


XIV. 


A. 


20 


XIII. 


B. 


21 


XII. 


C. 


22 


XI. 


D. 


23 


X. 



F. 25 VIII. 



H. 
A. 
B. 



C. 
D. 



E. 1 Aug. Kal. 

F. 2 IV. 

G. 3 III. 
H. 4 Prid. 



A. 
B. 

C. 



CALENDAR. 



CALENDAR. 



G. 11 
H. 12 



III. 
Prid. 



A. 13 



Id. 



B. 14 XIX. 



c. 


15 


XVIII 


D. 


16 


XVII 


E. 


17 


XVI 


F. 


18 


XV 


G. 


19 


XIV 


II. 


20 


XIII 


A.. 


21 


XII 


B. 


22 


XI 


c. 


23 


X 


D. 


24 


IX 


E. 


25 


VIII 


F. 


26 


VII 


G. 


27 


VI. 


H. 


28 


V 


A. 


29 


IV 


B. 


30 


III 



O. 31 Prid. 



C. Fidicula occasu suo autumnum 
inchoat Ceesari. P. 

C. Fidis occidit mane et autumnus 
incipit. C. Atticae Equus oriens 
tempestatem significat et vesperi 
iEgypto et Caesari Delphinus occi- 
dens. P. 

Np. Delphini occasus tempestatem 
significant. C. 

F. Delphini matutinus occasus tem- 
pestatem significat. C. 

C. 

C. 

Port. Np. 

C. Merk. 

Vin. F. P. 

C. Sol in Virginem transitum facit, 
hoc et sequenti die tempestatem 
significat, interdum et tonat. Eo- 
dem die Fidis occidit. C. 

Cons. Np. 

En. Caesari et Assyriae Vindemiator 
oriri mane incipit. P. 

Vole. Np. Fidis occasu tempestas 
plerumque oritur, et pluvia. C. 

C. 

Opic. Np. 

C. Vindemiator exoritur mane, et 
Arcturus incipit occidere, interdum 
pluvia. C. 

Volt, Np. 

Np. H. D. Ara Victorias in Curia de- 
dicata est. Sagitta occidit : Etesiae 
desinunt. P. 

F. 

F. Humeri Virginis exoriuntur. 
Etesiae desinunt flare, et interdum 
hiemat. C. 

C. Andromeda vesperi oritur, inter- 
dum hiemat. C. 



D. lSept.Kal. 

E. 2 IV. 

F. 3 III. 

G. 4 Prid. 
II. 5 Non. 



A. 6 

B. 7 



C. 8 

D. 9 

E. 10 

F. 11 



VIII. 
VII. 



VI. 
V. 

IV. 

III. 



G. 12 Prid. 



II. 13 Id. 

A. 14 XVIII. 

B. 15 XVII. 
0. 16 XVI. 



D. 17 XV. 

E. 18 XIV. 

200 



SEPTEMBER. 

N. 

N. Hoc die Fer. Nep. Piscis austri- 
nus desinit occidere, calor. C. 

Np. 

C. Ludi Romani. 

F. Ludi. Vindemiator exoritur. At- 
ticae Arcturus matutino exoritur et 
Sagitta occidit mane. P. 

F. Ludi. 

C. Ludi. Piscis aquilonius desinit 
occidere et Capra exoritur, tem- 
pestatem significat. C. 

C. Ludi. 

C. Ludi. Caesari Capella oritur ves- 
peri. P. 

C. Ludi. 

C. Ludi. I avonius aut africus. Vir- 
go media exoritur. C. 

N. Ludi. Arcturus oritur medius 
vehementissimo significatu terra 
marique per dies quinque. P. 

Np. Ex pristino sidere nonnunquam 
tempestatem significat. C. 

F. Equor. Prob. 

N. Ludi Rom. in Circ. 

C. In Circ. ^Egypto Spica, quam 
tenet Virgo, exoritur matutino Ete- 
siaeque desinunt. P. 

C. In Circ. Arcturus exoritur, fa- 
vonius aut africus, interdum eurus. 
C. 

C. In Cir(;. Spica Virginis exoritur, 
favonius aut corus. C. Spica Cae- 
sari oritur. P. 



F. 19 XIII. 



G. 20 XII. 
H. 21 XI. 



A. 22 

B. 23 



X. 

IX. 



C. 24 VIII. 



D. 


25 


VII 


E. 


26 


VI 


F. 


27 


V 



G. 28 



IV. 



H. 29 III. 

A. 30 Prid. 



B. 1 Oct. Kal. 

C. 2 VI. 

D. 3 V. 

E. 4 IV. 



F. 5 

G. 6 

H. 7 

A. 8 



B. 9 

C. 10 



D. 11 

E. 12 

F. 13 



G. 14 
H. 15 



A. 16 

B. 17 

C. 18 

D. 19 



III. 

Prid. 

Non. 
VIII. 



VII. 
VI. 



V. 
IV. 
III. 



Prid. 
Id. 



XVII. 

XVI. 

XV. 

XIV. 



E. 20 XIII. 



F. 


21 


XII 


G. 


22 


XI 


H. 


23 


X 


A. 


24 


IX 


B. 


25 


VIII 



C. In Circ. Sol in Libram transi- 
tum facit. Crater matutino tem- 
pore apparet. C. 

C. Merk. 

C. Merk. Pisces occidunt mane. 
Item Aries . occidere incipit, favo- 
nius aut corus interdum auster cum 
imbribus. C. Caesari commissura 
Piscium occidit. P. 

C. Merk. Argo navis occidit, tem- 
pestatem significat, interdum etiam 
pluviam. C. 

Np. Merk. H. D. Augusti natalis. 
Ludi Cir. Centaurus incipit mane 
oriri, tempestatem significat, inter- 
dum et pluviam. C. 

C. ^Equinoctium autumnale hoc die 
et biduo sequenti notat Columella, 
Plinius hoc die. 

C. 

c. 

Hoedi exoriuntur, favonius, nonnun- 
quam auster cum pluvia. C. 

Virgo desinit oriri, tempestatem sig- 
nificat. C. Capella matutina exo- 
ritur, consentientibus, quod est ra- 
rum, Philippo, Calippo, Doritheo, 
Parmenisco, Conone, Critone, De- 
mocrito, Eudoxo, lone. P. 

F. Hoedi oriuntur iisdem consenti- 
entibus. P. 

C. 

OCTOBER. 

N. Tempestatem significat. C. 

F. 

C. 

C. Auriga occidit mane. Virgo de- 
sinit occidere : significat nonnun- 
quam tempestatem. C. 

C. Corona incipit exoriri, significat 
tempestatem. C. 

C. Hoedi oriuntur vesperi. Aries 
medius occidit : aquilo C. 

F. 

F. Coronae clara stella exoritur. C. 
Caesari fulgens in Corona stella 
oritur. P. 

F. 

C. Vergiliae exoriuntur vesperi ; fa- 
vonius et interdum africus cum plu- 
via. C. 

Meditr. 

Aug. Np. 

Pont. Np. Hoc et sequenti die Co 
rona tota mane exoritur, auster hi- 
bernus et nonnunquam pluvia. C. 
Vergiliae vesperi oriuntur. P. 

En. 

Np. Hoc die et sequenti biduo inter- 
dum tempestas, nonnunquam rorat 
C. Corona tota oritur. P. 

F. 

C. 

C. 

Arm. Np. Sol in Scorpionem tran- 
situm facit. C. 

C. Hoc et sequenti die Solis exeit» 
Vergiliae incipiunt occidere, tem- 
pestatem significat. P.. 

C. 

C. 

c. 
c. 
c. 



CALENDAR. 



CALIDA. 



C 26 VII. C. Nepae frons exoritur, tempesta- 
tem significat. C. 

D. 2? VI. C. Suculae vesperi exoriuntur. P. 

E. 28 V. C. Vergilias occidunt, hiemat cum 

frigore et gelicidiis. C. 

F. 29 IV. C. Arcturus vesperi occidit, vento- 

sus dies. C. 

G. 30 III. C. Hoc et sequenti die Cassiope in- 

cipit occidere, tempestatem signifi- 
cat. C. 
H. 3- Prid. C. Caesari Arcturus occidit, et Su- 
culae exoriuntur cum Sole. P. 

NOVEMBER. 

A 1 Nov.Kal. N. Hoc die et postero caput Tauri 
occidit, pluviam significat. P. 

B. 2 IV Arcturus occidit vesperi. P. 

C 3 III. .... Fidicula mane exoritur, hie- 

mat et pluit. C. 

D 4 Prid 

E. 5 Non. F. 

F. 6 VIII. F. Ludi. Fidiculae sidus totum ex- 

oritur, auster, vel favonius, hiemat. 
C. 

G. 7 VII. C. Ludi. 

H 8 VI. C. Ludi. Stella clara Scorpionis 
exoritur, significat tempestatem, 
hiemat. C. 

A. 9 V. C. Ludi. Hiemis initium, auster 

aut eurus, interdum rorat. C. Gla- 
dius Orionis occidere incipit. P. 

B. 10 IV. C. Ludi. 

C. 11 III. C. Ludi. Vergilias occidunt. P. 
D 12 Prid. C. Ludi. 

E 13 Id. Np. Epul. Indict. Dies incertus, sae- 

pius tamen placidus. C. 

P. 14 XVIII. F. 

G. 15 XVII. C. Ludi. Pleb. in Circ. 

H. 16 XVI. C. In Circ. Fidis exoritur mane, 
auster, interdum aquilo magnus. C. 

A. 17 XV. C. In Circ. Aquilo, interdum aus- 

ter cum pluvia. C. 

B. 18 XIV. C. Merk. Sol in Sagittarium tran- 

situm facit. Suculae mane oriun- 
tur, tempestatem significat. C. 

C. 19 XIII. C. Merk. 

D. 20 XII. C. Merk. Tauri cornua vesperi oc- 

cidunt, aquilo frigidus et pluvia. C. 

E. 21 XI. C. Sucula mane occidit, hiemat. C. 

F. 22 X. C. Lepus occidit mane, tempesta- 

tem significat. C. 

G. 23 IX. C. 
H. 24 VIII. C. 

A. 25 VII. C. Canicula occidit Solis ortu, hie- 

mat. C. 

B. 26 VI. C. 

C. 27 V. C. 

D. 28 IV. C. 

E. 29 III. C. 

F. 30 Prid. C. Totae suculae occidunt, favonius 

aut auster, interdum pluvia. C. 

DECEMBER. 

G. 1 Dec.Kal. N. Dies incertus, saepius tamen pla- 

cidus. 

H. 2 IV 

A. 3 III 

B 4 Prid 

C. 5 Non. T. 

D. 6 VIII. . . Sagittarius medius occidit, tem- 

pestatem significat. C. 

E. 7 VII C. Aquila mane oritur. Africus, in- 

terdum auster, irrorat. C. 

F. 8 VI. C. 

G. 9 V. C. 
H 10 IV. C. 

Cc 



A. 11 

B. 12 

C. 13 

D. 14 

E. 15 

F. 16 

G. 17 



H. 18 

A. 19 

B. 20 

C. 21 

D. 22 

E. 23 

F. 24 

G. 25 
H. 26 

A. 27 

B. 28 

C. 29 

D. 30 



III. 

Prid. 
Id. 

XIX. 

XVIII. 

XVII. 

XVI. 



XV. 

XIV. 

XIII. 

XII. 

XL 

X. 

IX. 

VIII. 

VII. 

VI. 

V. 
IV. 

III. 



E. 31 Prid. 



Agon. Np. Corns vel septentrio, 
interdum auster cum pluvia C. 

En. 

Np. Scorpio totus mane exoritur, 
hiemat. C. 

F. 

Cons. Np. 

C. 

Sat. Np. Feriae Saturni. Sol in 
Capricornum transitum facit, bru- 
male solstitium ut Hipparcho pin 
?et. C. 

C. Ventorum commutatio. O 

Opil. Np. 

C. 

Div. Np. 

C. 

Lar. Np. Capra occidit mane, tem- 
pestatem significat. C. 

C. Brumale solstitium, sicut Chal- 
daei observant, significat. C. 

C. 

c. 

C Delphinus incipit oriri mane, 
tempestatem significat. C. 

C. 

F. Aquila occidit, hiemat. C. 

F. Canicula occidit vesperi, tempes- 
tatem significat. C. 

C. Tempestas ventosa. C. 



EXPLANATION OF ABBREVIATIONS. 

A, B, C, D, E, F, G, H. These letters are found 
in all the old calendars, and no doubt were used for 
the purpose of fixing the nundines in the week of 
eight days ; precisely in the same way in which the 
first seven letters are still employed in ecclesiastical 
calendars to mark the days of the Christian week. 

Agon., Agonalia. — Arm., Armilustrum, Varro.- — 
Apollin., Apollinarcs. — August., Auguslalia. — C, 
Comitialis, Comitiavit. — Caes., Cccsaris. — Capit., 
Capitolio. — Car., Carmentalia. — Car., Carna. — Cer., 
Cerealia, Varro. — Cir. and Circ, Circenses, Circo. 
— Comp., Compitalia. — Con., Consualia, Plutarch. — 
Div., Divalia, Festus. — Eid., Eidus. — En., Endoter- 
cisus, that is, intercisus. — Epul., Epulum. — Eq., 
Equiria, Varro, Ovid, Festus. — Equor. prob., Equo- 
rum probandorum, Valer. Max. (lib. 2.) — F., Fastus. — 
F. p., Fastus primo. — Fp., Fas Prcztori. — Fer., Ferice. 
— Fer. or Feral., Feralia. — Flor., Floralia, Ovid, 
Pliny. — Font., Fontanalia, Varro. — Ford., Fordicidia. 
Varro. — H. D., Hoc Die. — Hisp., Hispaniam vicit. — 
Id., Idus. — Indict., Indicium. — Kal.,Kalcnd<E. — Lar., 
Larentalia, Varro, Ovid, Plutarch. — Lem., Lcmuria, 
Varro, Ovid. — Lib., Liberalia, Varro. — Lud., Ludi- 
Luper., Lupercalia, Varro. — Mart., Marti, Ovid.-- 
Mat., Matri Matutce, Ovid. — Max., Maximum. — Me 
dit., Meditrinalia, Varro. — Merk., Merkalus. — Mo 
net., Monetoz. — N., Nefastus. — N. F., Nefas. — Np., 
Nefastus primo. — Nept., Neptunalia, Neptuno. — 
Non., Nona. — Opal., Opalia, Varro. — Opic, Opicon- 
siva, Varro. — Par., Parilia, Varro, Ovid, Festus. — 
Pleb., Plebeii, Plebis. — Poplif, PopLifugium. — Port., 
Portunalia. — Pr., Pratori. — Prob., Probandorum.— 
Q., Quando. — Q. Rex c. F., Quando rex comitiavit 
fas, Varro, Festus. — Q. St. d., Quando stcrcus de- 
fertur, Varro, Ovid, Festus. — Quin., Quinquatrus, 
Varro. — Quir., Quirinalia. — Regif, Regifugium, or, 
according to Ovid, the 23d of February. — Rob., Ro 
bigalia, Varro. — Satur., Saturnalia, Macrobius. — 
St., Stercus. — Ter., Terminalia. — Tubil., Tubilus- 
trum, Varro, Ovid, Festus. — Vest., Vesta. — Vict., 
Victoria. — Vin., Vinalia. Varro. — Vole, Volcanalia, 
Varro. — Vol., Volturnalia, Varro. 

CALTDA, or CALDA, the warm drink of the 
Greeks and Romans, which consisted of warm wa- 

201 



CALIGA. 



CALONES. 



ter mixed with wine, with the addition, probably, of 
spices. This was a very favourite kind of drink 
with the ancients, and could always be procured at 
certain shops or taverns called thermopolia, 1 which 
Claudius commanded to be closed at one period of 
his reign.' The vessels in which the wine and wa- 
ter was kept hot appear to have been of a very ele- 
gant form, and not unlike our tea-urns both in ap- 
pearance and construction. A representation of one 
of these vessels is given in the Museo Borbonico, 3 
<rom which the following woodcut is taken. In the 




middle of the vessel there is a small cylindrical fur- 
nace, in which the wood or charcoal was kept for 
heating the water ; and at the bottom of this fur- 
nace there are four small holes for the ashes to fall 
through. On the right-hand side of the vessel there 
is a kind of cup, communicating with the part sur- 
lounding the furnace, by which the vessel might be 
nhea withoui taking off the lid ; and on the left-hand 
side there is, in about the middle, a tube with a cock 
for drawing off the liquid. Beneath the conical 
cover, and on a level with the rim of the vessel, 
there is a movable flat cover, with a hole in the 
middle, which closes the whole urn except the 
mouth of the small furnace. 

Though there can be no doubt that this vessel 
was used for the purpose which has been mention- 
ed, it is difficult to determine its Latin name ; but 
it was probably called authepsa. (Vid. Authepsa.) 
Pollux* mentions several names which were applied 
to the vessels used for heating water, of which the 
iTTvole6rjg, which also occurs in Lucian, 9 appears to 
answer best to the vessel which has been described 
above. 6 

*CALIDRIS (nalidpic), the name of a bird men- 
tioned by Aristotle. Belon conjectures that it was 
a bird called Chevalier by the French. The term 
Calidris is now applied to the Red-shank. 

CA'LIGA, a strong and heavy sandal worn by the 
Roman soldiers. 

Although the use of this species of calceamentum 
extended to the centurions, it was not worn by the 
superior officers. Hence the common soldiers, in- 
cluding centurions, were distinguished by the name 

1. (Plaut., Cur., II., iii., 13.— Trin., H iii., 6.— Rud., II., vi., 
4!.)— 2. (Dion, lx., fi.)— 3. (vol. iii., pi 63.)— 4. (x., 66.)— 5. 
(Lexfph., 8.) — 6. (Bottiger, Sabina, ii., p. 34. — Becker, Gallus, 
i.,p.l75.) 

202- 



of caligati. 1 Service in the ranKS was also designs 
ted after this article of attire. Thus Marius was 
said to have risen to the consulship a caliga, i. e., 
from the ranks, 9 and Ventidius juvextam inopem in 
caliga militari tolerasse. 3 The Emperor Caligula re- 
ceived that cognomen when a boy, in consequence 
of wearing the caliga, and being inured to the life 
of a common soldier. 4 Juvenal expressed his de- 
termination to combat against vice as a soldier, by 
saying he would go in caliga, (veniam caligatus*). 

The triumphal monuments of Rome show most 
distinctly the difference between the caliga of the 
common soldier (vid. Arma, p. 95) and the calceus 
worn by men of higher rank. (Vid. Abolla, p. 11 ; 
Ara, p. 78.) 

The sole of the caliga was thickly studded with 
hob-nails (clavi caligarii 6 ) ; a circumstance which 
occasioned the death of a brave centurion at the 
taking of Jerusalem. In the midst of victory his 
foot slipped, as he was running over the marble 
pavement (iiddurpuTov) of the temple, and, unable 
to rise, he was overpowered by the Jews who rush- 
ed upon him. 7 The use of hob-nails (elg ra v-rrodf/- 
uara ijXovc kyKpovaai) was regarded as a sign of 
rusticity by the Athenians. 8 

The " caliga speculatoria," 9 made for the use of 
spies (speculatores), was probably very strong, thick, 
and heavy, and hence very troublesome (molestis- 
sima 10 ). 

The making and sale of caligae, as well as of 
every other kind of shoe, was a distinct trade, the 
person engaged in it being called "caligarius," or 
" sutor caligarius." 11 After the decline of the Ro- 
man Empire, the caliga, no longer worn by soldiers 
was assumed by monks and ascetics. 

*CALLIO'NYMUS (tcalltuvvpoc), a species of 
fish, so called by Aristotle. 12 iElian 13 gives the 
name as naXkv&vvfioc ; Athenaeus, 14 ovpavoctKonos, 
with which Galen agrees ; Oppian, 15 q/xepoKoiTnc ; 
and Pliny, 16 Uranoscopus. It is the Star-gazer, the 
Uranoscopus scaler, L., called in French Rat, and 
in Italian Boca in Capo, according to Rondelet and 
Schneider. 17 The eyes of this fish are placed in the 
upper part of its head. 

CALLISTEIA (KallicTEia), a festival, or, per- 
haps, merely a part of one, held by the women of 
Lesbos, at which they assembled in the sanctua- 
ry of Hera, and the fairest received the prize of 
beauty. 18 

A similar contest of beauty, instituted by Cypse- 
lus, formed a part of a festival celebrated by the 
Parrhasians in Arcadia, in honour of the Eleusinian 
Demeter. The women taking part in it were called 

XpVGOtiOpOL. 19 

A third contest of the same kind, in which, how- 
ever, men only partook, is mentioned by Athenaeuo** 
as occurring among the Eleans. The fairest man 
received as a prize a suit of armour, which he dedi- 
cated to Athena, and was adorned by his friends 
with ribands and a myrtle wreath, and accompanied 
to the temple. From the words of Athenaeus, 31 who, 
in speaking of these contests of beauty, mentions 
Tenedos along with Lesbos, we must infer that ic 
the former island also Callisteia were celebrated. 

CALO'NES were the slaves or servants of ths 
Roman soldiers, so called from carrying wood [nala) 

1. (Suet., Octav., 25.— Vitell., 7.)— 2. (Sen., De Benef., t. 
16.)— 3. (Plin., H. N., vii., 44.)— 4. (Tacit., Ann., 1.— Suet. 
Calig., 9.)— 5. (Sat., iii., 306.)— 6. (Plin., H. N., xxxiv., 41 . 
ix., 18.— Juv., Sat., iii., 232 ; xvi., 25.)— 7. (Joseph., Bell. Jud., 
vi., l,p. 1266, ed. Hudson.)— 8. (Theophr., Char., 4.)— 9. (Suet., 
Calig., 52.)— 10. (Tertull., De Corona, p. 100, ed. Rigalt.)— 11. 
(Spon., Misc. Erud. Ant., p. 220.)— 12. (H. A., ii., 15 ; viii., 13.) 
—13. (N. A., xiii., 4.)— 14. (viii., p. 356.)— 15. (Halieut., ii., 200. 
»qq.)— 16. (H. N., xxxii., 7.)— 17. (Schneider, Excurs., ii., ad 
iElian, N. A., p. 573, seqq.— Adams, Append., s. v.)— 18. (&t\ o 
ad II., x., 140.— Suidas, s.v.— Anthol. Gr., vi., No. 292.— Athen., 
xii., p. 610.)—19. (Athen., xiii., p. 609.)— 20. (1. c— Compaw 
Etymol. Mag., 8. v.)— 21. (xiii., p. 610.) 



C ALUMNI A. 



CAMELJPARDAfXS. 



for their use. Tnus says Festus : " Calones militum 
servi, quia ligneas clavas gerebant, qua Graci Kuka 
vocabant." So, also, Servius i 1 " Calas dicebant ma- 
jores nostri fustes, quos portabant servi sequentcs 
dominos ad pralia." From the same word koKov 
comes nalonove, a shoemaker's last. 3 These calo- 
nes are generally supposed to have been slaves, 
and almost formed a part of the army, as we may 
learn from many passages in Caesar : in fact, we 
are told by Josephus that, from living always with 
the soldiers, and being present at their exercises, 
they were inferior to them alone in skill and valour. 
The word calo, however, was not confined to this 
signification, but was also applied to farm-servants, 
instances of which usage are found in Horace. 3 

In Caesar this term is generally found by itself; 
in Tacitus it is coupled and made almost identical 
with lixa. Still the calones and lixae were not the 
same : the latter, in fact, were freemen, who mere- 
ly followed the camp for the purposes of gain and 
merchandise, and were so far from being indispen- 
sable to an army that they were sometimes forbid- 
den to follow it (ne lixa sequerentur exercitum*). 
Thus, again, we read of the "lixa mercatoresque, qui 
plaustris mcrces portabant," 6 words which plainly 
show that the lixae were traders and dealers. Livy 
also 6 speaks of them as carrying on business. The 
term itself is supposed to be connected with lixa, 
an old word signifying water, inasmuch as the lixae 
supplied this article to the soldiers : since, however, 
they probably furnished ready-cooked provisions 
to the soldiers, it seems not unlikely that their ap- 
pellation may have some allusion to this circum- 

CAI/OPUS, CALOPOD'IUM. (Vid. Forma.) 

CALU'MNIA. Calumniari is defined by Mar- 
cian, 8 "Falsa crimina intcndere ;" a definition which, 
as there given, was only intended to apply to crim- 
inal matters. The definition of Paulus 9 applies to 
matters both criminal and civil : " Calumniosus est 
<~ui sciens prudensque per fraudem negotium alicui 
eomparat." Cicero 10 speaks of " calumnia," and of 
the "nimis callida et malitiosa juris interpretation as 
things related. Gaius says, " Calumnia in adfectu 
est, sicutfurti crimen;" the criminality was to be de- 
termined by the intention. 

When an accuser failed in his proof, and the reus 
was acquitted, there might be an inquiry into the 
conduct and motives of the accuser. If the person 
who made this judicial inquiry (qui cognovit) found 
that the accuser had merely acted from error of 
judgment, he acquitted him in the form non pro- 
basti ; if he convicted him of evil intention, he de- 
clared his sentence in the words calumniatus es, 
which sentence was followed by the legal punish- 
ment. 

According to Marcian, as above quoted, the pun- 
ishment for calumnia was fixed by the lex Rem- 
mia, or, as it is sometimes, perhaps incorrectly, 
named, the lex Memmia. 11 But it is not known 
when this lex was passed, nor what were its pen- 
alties. It appears from Cicero 13 that the false ac- 
cuser might be branded on the forehead with the 
letter K, the initial of Kalumnia ; and it has been 
conjectured, though it is a mere conjecture, that 
this punishment was inflicted by the lex Remmia. 

The punishment for calumnia was also exsilium, 
relegatio in insulam, or loss of rank (ordinis amis- 
tio) ; but probably only in criminal cases, or in mat- 
ters relating to status. 13 



1. (Ad JEn., vi., 1.)— 2. (Plato, Symp.)— 3. (Epist., I., xiv., 
42.— Sat., L, vi., 103.)— 4. (Sail., Bell. Jug., c. 45.)— 5. (Hirti- 
ns, De Bell. Afric, c. 75.)— 6. (v., 8.)-7. (Vid. Sail., 1. c.)— 8. 
(Dig. 48, tit. 16, s. 1.)— 9. (Sentent. Recept., i., tit. 5.)— 10. 
(De Off., i., 10.)— 11. (Val. Max., iii.,7, 9.)— 12. (Pro Sext.— 
Rose. Amirino, c. 20.)— 13. (Paulus, Sentent. Recept., v., 1, 
5, v., 4, 11.) 



In the case of actiones, the calumnia of the aeio. 
was checked by the calumniae judicium, the judici- 
um contrarium, the jusjurandum calumniae, and the 
restipulatio, which are particularly described by Gai- 
ns. 1 The defendant might in all cases avail himself 
of the calumniae judicium, by which the plaintiff, if 
he was found to be guilty of calumnia, was mulcted 
to the defendant in the tenth part of the value of 
the object-matter of the suit. But the actor was 
not mulcted in this action, unless it was shown that 
he brought his suit without foundation, knowingly 
and designedly. In the contrarium judicium, of 
which the defendant could only avail himself in 
certain cases, the rectitude of the plaintiff's purpose 
did not save him from the penalty. Instead of 
adopting either of these modes of proceeding, the 
defendant might require the plaintiff to take the 
oath of calumnia, which was to the effect, "Se non 
calumnia causa agere." In some cases the defend- 
ant also was required by the praetor to swear that 
he did not dispute the plaintiff's claim, calumnia 
causa. Generally speaking, if the plaintiff put the 
defendant to his oath (jusjurandum ei deferebat), 
the defendant might put the plaintiff to his oath of 
calumny. 3 In some actions, the oath of calumny 
on the part of the plaintiff was a necessary prelimi- 
nary to the action. In all judicia publica, it seems 
that the oath of calumnia was required from the 
accuser. 

If the restipulationis poena was required from the 
actor, the defendant could not have the benefit of 
the calumniae judicium, or of the oath of calumny ; 
and the judicium contrarium was not applicable to 
such cases. 

Persons who for money either did or neglected 
to do certain things, calumniae causa, were liable to 
certain actions. 3 

CA'MARA (Kafiapa) or CAMERA is used in two 
different senses: 

I. It signifies a particular kind of arched ceiling 
in use among the Romans,* and, most probably, 
common also to the Greeks, to whose language the 
word belongs. It was formed by semicircular bands 
or beams of wood, arranged at small lateral distan- 
ces, over which a coating of lath and plaster was 
spread, and the whole covered in by a roof, resem- 
bling in construction the hooped awnings in use 
among us, 9 or like the segment of a cart-wheel, 
from which the expression rotatio camararum is de- 
rived. 6 Subsequently to the age of Augustus, it be- 
came the fashion to line the camara with plates of 
glass ; hence they are termed vitrea. 1 

II. Small boats used in early times by the people 
who inhabited the shores of the Palus iMaeotis, ca 
pable of containing from twenty-five to thirty men, 
were termed Kafidpac by the Greeks. 8 They were 
made to work fore and aft, like the fast-sailing 
proas of the Indian seas, and continued in use until 
the age of Tacitus, by whom they are still named 
camara, 9 and by whom their construction and uses 
are described. 10 

*CAMELOPARD'ALIS (Kafiylondpdalic), the 
Camelopard or Giraffe, the Giraffa Camelopardalis, 
L. "The name Giraffa," observes Lt. Col. Smith, 
" is derived from the Arabic Zuraphahta, which is 
itself corrupted from Amharir Zirataka; and the 
Romans, who had seen this animal several times 
exhibited from the period when Julius Caesar first 
displayed one to the people, described it under the 
name of Camelopardalis, on account of its similari- 
ty to the Camel in form, and to the Panther or 



1. (iv., 174-181.)— 2. (Dig. 12, tit. 2, s. 37.)— 3. (Dig. 3, tit. 
6.)-4. (Cic, ad Quint. Fratr., iii., 1, >) 1.— Propert., III., a., 
10.— Plin., H.N., xxxvi.,64.)— 5. (Vitruv., vii., 3.)— 6. (Salmaa. 
in Spart.,Hadr., c. 10.)— 7. <Plin., I.e.— Compare Statms, StIt., 
(Strabo, xi., p. 388, ed. Siebenkees.)— 9. 'Hufc- 



I., iii., 53.)— 8, 

iii., 47.)- < 1j * ' r «pa.re Gell x., 25 



203 



CAMELUS. 



CAMPUS MARTIVjS. 



f ardalis in spots. This beautiful animal is noticed 
by Oppian, 1 Diodorus Siculus, 3 Horace, 3 Strabo,* 
and PJiny ; 5 but the first satisfactory description is 
found in the JEthiopica of Heliodorus. 6 Schneider 
follows Pallas in referring the ndpSiov of Aristotle 7 
to this same animal. Modern naturalists have 
known the Giraffe only since Mr. Patterson, Col. 
Gordon, and M. le Vaillion found it in South Afri- 
ca ; but as the Romans were acquainted with the 
animal, it must have existed to the north of the 
equinoctial line. It would appear, moreover, that 
a variety or second species is found in Central Af- 
rica ; for Park, in describing his escape from cap- 
tivity among the Moors, noticed an animal of a 
gray colour, which he refers to the Camelopardalis. 
Lt. Col. Smith considers this animal as the wild 
Camel of the mountains, the existence of which 
has been attested by several negroes brought from 
the interior, and in the Praenestine Mosaics, where 
two spotted Camelopardales are seen together ; a lar- 
ger animal is likewise represented, with short horns, 
but without spots, and the name TABOUC written 
over. In a drawing of the same mosaic, the word 
appears to be partly effaced, but to have been PA- 
$OUC. It is remarkable, that while the spotted 
figures are without a name, the animal in question, 
occupying that part of the picture which designates 
the Cataracts of the Nile, should be called by the 
Ethiopian appellation of the Camelopard, which, ac- 
cording to Pliny, was Nobis, resembling the Hot- 
tentot Naip ; or, by the second reading, be like the 
Arabic, or one of its dialects. — The absence of the 
Giraffe from Europe for three centuries and a half 
naturally induced a belief that the descriptions of 
this animal were fabulous, or nearly so, and that a 
creature of such extraordinary height and apparent 
disproportions was not to be found among the actu- 
al works of nature. This skepticism was first 
shaken by Le Vaillant, the traveller, and is now 
completely removed." 8 

*CAME'LUS (ko/zj7Xoc), the Camel. As Buffon 
remarks, Aristotle has correctly described the two 
species of Camel, which he calls the Bactrian and 
the Arabian, the former being the Camelus Bactri- 
anus, L., or the Camel with two hunches, one on 
the shoulders, and the other on the croup ; and the 
latter, the Camelus Dromedarius, L., or the species 
with only one hunch, and of which the Dromedary, 
properly so called, is a breed. The Dromedary of 
the Greeks is the Mahairy, and is the most celebra- 
ted for speed. " The name by which these animals 
are generally known in Europe is evidently derived 
from an Eastern root, namely, Djemel of the Arabs, 
Gamal or Gimal of the Hebrews, and points out the 
quarter where they have been domesticated from a 
period anterior to all historical documents. Al- 
though the Greek and Roman writers take univer- 
sally as little notice of the Camel as an inhabitant 
of Northwestern Africa or Egypt, as they speak re- 
peatedly of him in Syria, Arabia, and the rest of 
Western Asia, we may easily infer, from a consid- 
eration of the peculiar structure of this animal, that 
the predestined habitation of the genus was on the 
sandy deserts of the Zahara, as well as the plains 
of Arabia, Persia, the Indies, and Southern Tarta- 
ry. The silence of profane writers, however, is 
compensated by the Sacred Writings. In Genesis, 
the King of Egypt is mentioned as having bestowed 
Camels upon Abram ; consequently, their presence 
in the valley of the Nile is established before the 
era of the earliest Greek or Roman writers. And 
yet it is a singular fact, that the Camel is not rep- 

1. (Cyreg., iii.)— 2. (ii., 51.)— 3. (Epist., II., i., 195.)— 4. 
f*vii M p. 774, 826, ed. Cas.) — 5. (H. N., viii., 27. — Compare 
Seopon., xvi., 22.)— 6. (x., 27.)— 7. (H. A., ii., 2.)— 8. (Griffith's 
Oamr vol. iv., p 151, seqq. — Smith's Supplement.) 
204 



resented in the hieroglyphics, either in domestic 
scenes or in subjects relating to religion. In all 
obvious cases, the intelligence of man may be con- 
sidered as acting in unison with th<2 intentions of 
Nature ; now, as this sagacity to appreciate his 
own interests had already, in the earliest ages, car- 
ried the Camel over India, China, and Middle Rus- 
sia, it is certainly rather surprising that the Romans, 
in their frequent wars in Northern Africa, should 
not have found them of sufficient importance to be 
mentioned, till Procopius first notices camel-riding 
Moors in arms against Solomon, the lieutenant of 
Belisarius : from that period, and most particularly 
during the progress of the sword of the Koran to 
Morocco, the Camel is the most striking, and con- 
sidered the most useful animal in the country. It 
is probable that this animal increased in proportion 
as agriculture diminished; at least the two facts 
are coeval. With the Koran, also, the Camel first 
crossed the Bosporus, and spread with the Turks 
over their present dominions in Europe." 1 

*CAMM'ARUS (Kafi/zapog or -if), a variety of the 
Caris, or Squilla, acording to Athcnasus. It is the 
common Lobster, the Camrnarus of Pliny, and the 
Cancer Camrnarus of Linnaeus. Aristotle, in the 
second chapter of the fourth book of his *' History 
of Animals," gives a most faithful and elaborate 
account of the species, which is still an inhabitant 
of the Mediterranean.* 

CAMI'NUS. (Vid. House.) 

CAMPESTRE (sc. subligar) was a kind of gn 
die or apron, which the Roman youths wore roun(? 
their loins when they exercised naked in the Cam- 
pus Martius. 3 The campestre was sometimes won 
in warm weather in place of the tunic under the 
toga (campestri sub toga cinctus*). 

CAMPIDOCTO'RES were persons who taught 
soldiers their exercises. 5 In the times of the Re- 
public, this duty was discharged by a centurion, ot 
a veteran soldier of merit and distinction (Excrci 
tationibus nostris non veteranorum aliquis, cui deois, 
muralis aut civica, sed Grceculus magister assistit 1 ). 

CAMPUS MARTIUS. The term campus be- 
longs to the language of Sicily, in which it signified 
a hippodrome or race-course (tca/nnoc, InKodpofioc 
^•iKelolg 1 ) ; but among the Romans it was used to 
signify an open plain, covered with herbage, and 
set apart for the purpose of exercise or amusement. 
Eight of these plains are enumerated by P. Victor 
as appertaining to the city of Rome ; among which 
the most celebrated was the Campus Martius, so 
called because it was consecrated to the god Mars. 1 
Some difference exists between Livy and Dionysius 
Halic'arnassus respecting the period at which thi? 
consecration took place. The former states 9 that, 
upon the expulsion of the Tarquins, the people took 
possession of their property {ager Tarquiniorum), 
situate between the city and the Tiber, and assign- 
ed it to the god of war, by whose name it was sub- 
sequently distinguished ; whereas the latter says 18 
that the ager Tarquiniorum had been usurped from 
that divinity, to whom it belonged of old, and ap- 
propriated by the Tarquins, so that it was only re- 
stored to its original service upon their expulsion, 
which gains confirmation from a law of Numa, quo- 
ted by Festus, 11 "Secunda spolia in Martis aram in 
campo Solitaurilia utra voluerit cccdito." 1 * 

From the greater extent and importance of this 
plain beyond all the others, it was often spoken of 
as the plain, hut' efo^v, without any epithet to dis- 



1. (Griffith's Cuvier, vol. iv., p. 37.— Smith's Supplement.)— 
2. (Adams, Append., s. v.)— 3. (Augustin., De Citr. Dei., xir, 
17.) — 4. (Ascon., ad Cic, pro Scauro, p. 30, ed. Orelli. — Hor , 
Epist., I., xi., 18.)— 5. (Veget., i., 13.)— 6. (Plin., Paneg., 13.) 
—7. (Hesych.)— 8. (Liv^ ii., 5.)— 9. (1. c.)— 10. (v., p. 276. ed 
1704.)— 11. (s. v. Opima.)— 12. (Compare Liv., i., 44.) 



CAMPUS SCELEKATUS 



C.*NATHRON 



tmguish it, as in the passage of Festus just cited ; l 
and, therefore, whenever the word is so used, it is 
the Campus Martius which is to be understood as 
always referred to. 

The general designation Campus Martius com- 
prised two plains, which, though generally spoken 
of collectively, are sometimes distinguished. 2 The 
former of these was the so-called ager Tarquinio- 
rum, to which Juvenal 3 refers, inde Superbi Totum 
regis agrum; the other was given to the Roman 
people by the vestal virgin Caia Taratia or Suffetia,* 
and is sometimes called Campus Tiberinus, 5 and 
sometimes Campus Minor. 6 

It is difficult to determine the precise limits of 
the Campus Martius, but in general terms it may 
be described as situated between the Via Lata and 
Via Flaminia on the north, the Via Recta on the 
south ; as bounded by the Tiber on the west, and 
the Pantheon and gardens of Agrippa towards the 
east ; and the Campus Minor, or Tiberinus, occu- 
pied the lower portion of the circuit towards the 
Via Recta, from the Pons JElius to the Pons Janic- 
ulensis. (Vid. Bridge.) 7 

That the Campus Martius was originally without 
the city is apparent, first, from the passages of 
Livy and Dionysius above referred to ; secondly, 
from the custom of holding the Comitia Centuriata 
there, which could not be held within the Pomoeri- 
am ; hence the word campus is put for the comitia, 8 
which also explains the expression of Cicero, 9 fors 
domina campi, and of Lucan, 10 venalis campus, which 
means " a corrupt voter ;" thirdly, because the gen- 
erals who demanded a triumph, not being allowed 
to enter the city, remained with their armies in the 
Campus Martius ; and, finally, because it was not 
lawful to bury within the city, whereas the monu- 
ments of the illustrious dead were among the most 
striking ornaments with which it was embellished. 11 
(Vid. Bustum.) But it was included in the city by 
A.urelian when he enlarged the walls. 12 

The principal edifices which adorned this famous 
plain are described by Strabo, 13 and are amply treat- 
ed of by Nardini. 1 * It was covered with perpetual 
verdure, 15 and was a favourite resort for air, exer- 
cise, or recreation, when the labours of the day 
were over. 16 Its ample area was crowded by the 
young, who there initiated themselves in all warlike 
and athletic exercises, and in the games usual to 
the palaestra ; for which purpose the contiguous 
Tiber rendered it peculiarly appropriate in early 
times, before public baths were established. 17 Hence 
campus is used as " a field" for any exercise, mental 
or bodily. 19 Wooden horses were also kept in the 
Campus Martius, under porticoes in winter, and in 
the open plain during summer, in order to give 
expertness in mounting and dismounting ; a neces- 
sary practice when stirrups were not in use. 19 
Horse-races (equiria) also took place here, unless 
when the campus was overflowed, upon which oc- 
casions they were removed to the Campus Martialis 
on the Caelian. 20 

CAMPUS SCELERA'TUS was a spot within the 
walls, and close by the Porta Collina, where those 
of the vestal virgins who had transgressed their 
tows were entombed alive, from which circum- 

1. (Propert., ii., 16, 34.— Ovid, Fast., vi., 237.— Liv., xl., 45. 
—Lucan, i., 180. — Hor., Carm., III., i., 10. — Cic, Cat., i., 5. — 
De Off., i., 29.)— 2. (Strabo, v., 8.)— 3. (Sat., vi., 525.)— 4. 
;Aul. Gell., vi., 7.— Plin., H. N., xxxiv., 11.)— 5. (Gell. et Plin., 
11. cc.)— 6. (Catull., lv., 3.)— 7. (Nardini, Rom. Ant., vi., 5.— 
Donat., De Urbe Rom., i., 8.)— 8. (Cic, De Orat., iii., 42.)— 9. 
(in Pis., 2.)— 10. (1. c.)— 11. (Strabo, 1. c— Plut., Pomp., p. 
647, D.— Appian, Bell. Civ., i., p. 418.— Suet., Aug., c. 100.— 
Claud., c. 1.)— 12. (Nardini, Rom. Ant., i., 8.)— 13. (v., 8.)— 14. 
(Rom. Ant., vi., 5-9.)— 15. (Hor., Carm., III., vii., 25.)— 16. 
(Hor., Epist., 1., vii., 59.)— 17. (Strabo, 1. c— Veget., i., 10.)— 
18. (Cic, De Off, i., 18.— Acad., ii., 35.— Pro Muraen., 8.)— 19. 
(Veget , i., 23.)- -20. (Festus, s. v.) 



stance it takes its name. 1 As it was jnlawtul to 
bury within the city, or to slay a vestal, whose per- 
son, even when polluted by the crime alluded to, 
was held sacred, this expedient was resorted to »u 
order to elude the superstition against taking away 
a consecrated life, or giving burial within the city.* 

CAN'ABOS or CINN'ABOS (KavaSoc or Kivva- 
6og) was a figure of wood, in the form of a skeleton, 
round which the clay or plaster was laid in forming 
models. Figures of a similar kind, formed to dis- 
play the muscles and veins, were studied by paint- 
ers in order to acquire some knowledge of anatomy.* 

CANA'LIS, which means properly a pipe or gut- 
ter for conveying water, is also used in three spe- 
cific significations : 

I. To designate a particular part of the Forum 
Romanum.* 

" Inforo infimo boni homines atque dites ambulant ; 
In medio propter canalem, Hi ostentatores men." 

The immediate spot so designated is not precisely 
known ; but we can make an approximation which 
cannot be far from the truth. Before the Cloaca 
were made, there, was a marshy spot in the Forum 
called the Lacus Curtius ; 5 and as the Cloaca Max- 
ima was constructed for the purpose of draining off 
the waters which flowed down from the Palatine 
Hill into the Forum, it must have had a mouth in 
it, which was probably near the centre. The " ken- 
nel," therefore, which conducted the waters to this 
embouchure, was termed Canalis in Foro ; and be- 
cause the idle and indigent among the lower class- 
es were in the habit of frequenting this spot, they 
were named Canalicolje. 6 The canalis appears to 
have had gratings (cancelli) before it, to which Cice- 
ro 7 refers when he says, that after the tribune P. 
Sextus had arrived at the Columna Menia, " tanlus 
est ex omnibus spectaculis usque a Capitolio, tardus 
ex fori cancellis plausus excitatus ;" by which he 
means all classes, both high and low : the upper, 
who sat between the Columna Menia and the Cap- 
itol ; and the lower, who were stationed near the 
cancelli of the canalis. In the modern city of Rome, 
the foul waters empty themselves into the sewers 
through an archway nearly six feet high, the mouth 
of which is closed by an iron grating called cancello, 
so that the passer-by is annoyed by the effluvia ex- 
haling from them ; which, we learn from a passage 
in Tertullian, 8 was also the case in the ancient city. 

II. Canalis is used by Vitruvius 9 to signify the 
channel which lies between the volutes of an Ionic 
capital, above the cymatium or echinus, which may 
be understood by referring to the representation of 
an Ionic capital given in the article Astragalus. 

III. In reference to aquaeducts, Canalis is used 
by Frontinus 10 for a conduit of water running paral- 
lel to the main course (specus), though detached 
from it. Accurately speaking, it therefore means a 
pipe of lead or clay, 11 or of wood, 12 attached to tho 
aquaeduct, which brought a stream of water from 
the same source, but for some specific use, and not 
for general distribution ; though the word is some- 
times used for a watercourse of any kind. 

CAN'ATHRON (KavaOpov), a carriage, the uppei 
part of which was made of basket-work, or, more 
properly, the basket itself, which was fixed in the 
carriage. 13 Homer calls this kind of basket xeioivc. M 



1. (Liv., viii., 15.)— 2. (Compare Festus, s. v. Probrum.)— 3 
(Aristot., II. A., iii., 5.— Id., De Gen. An., ii., 6.— Pollux, Onom. 
vii., 164 ; x., 189.— Suid. et Hesych., s. v.— Muller, Archacol. del 
Kunst, t; 305, n. 7.)— 4. (Plaut., Curcul., IV., i., 14.)— 5. (Vv 
ro, De Ling. Lat., v., 149, ed. Muller.)— 6. (Festus, s. v — Cor- 
pare Aul. Gel., iv., 20.)— 7. (Pro Sext., 58.)— 8. (De Pall.,c.S«, 
—9. (iii., 3, p. 97, ed. Bipont.)— 10. (c 67.)— 11. (Vitruv., vui. 
7.)— 12. (Palladio, ix., 11.)— 13. (Xen., Ages., viii., 7.— Plut. 
Ages., c 19.)— 14. (II., xxiv., 190,267.— Ei stath., ad loc— Com 
pare Sturz, Lex. Xenoph., s. v. KavaOpov.- ^Scheffer, De Re V« 
hie, p. 68.) 

205 



CANDELABRUM. 



CANDELABRUM. 



& 



CANCER, the Crab. (Vid. Carcinus.) 
JANDE'LA, a candle, made either of wax (cerea) 
or tallow (sebacea), was used universally by the Ro- 
mans before the invention of oil lamps (lucernce). 1 
They used for a wick the pith of a kind of rush call- 
ed scirpus. 2 In later times candelae were only used 
by the poorer classes ; the houses of the more weal- 
thy were always lighted by lucernae. 3 

CANDELA'BRUM was originally used as a can- 
dlestick, but was afterward used to support lamps 
(Xvxvovxog ), in which signification it most common- 
ly occurs. The candelabra of this kind were usu- 
ally made to stand upon the ground, and were of a 
considerable height. The most common kind were 
made of wood; 4 but those which have been found 
in Herculaneum and Pompeii are mostly of bronze. . 
Sometimes they were made of the more precious j 
metals, and even of jewels, as was the one which 
Antiochus intended to dedicate to Jupiter Capitoli- 
nus. 5 In the temples of the gods and palaces there 
were frequently large candelabra made of marble, 
and fastened to the ground. 6 

There is a great resemblance in the general plan 
and appearance of most of the candelabra which 
have been found. They usually consist of three 
parts : 1. the foot (Panic) ; 2. the shaft or stem (ko,v- 
Xoc) ; 3. the plinth or tray (dtaicog), large enough for 
a lamp to stand on, or with a socket to receive a 
wax candle. The foot usually consists cf three 
Jions' or griffins' feet, ornamented ttith leaves ; and 
the shaft, which is either plain or fluted, generally 
ends in a kind of ca?.*al. on which the tray rests for 
supporting the lamp. S^mrtiwias we find a figure 
between the capital aad the tray, as is seen in the 
eandeiaJji^Pit on the riaLc h^nd a. tLe annexed wood- 



one on the left hand is also a representation of & 
candelabrum found in the same city,* and is made 
with a sliding shaft, by which the light might be 
raised or lowered at pleasure. 

The best candelabra were made at iEgina and 
Tarentum. 2 

Theie are also candelabra of various other forms, 
though those which have been given above are by 
£*r the most common. They sometimes consist of 
a figure supporting a lamp, 3 or of a figure, by the 
sHe of which the shaft is placed with two branches, 
~ach of which terminates in a flat disc, upOn which 




out, which is taken from the Museo Borbonico, 1 and 
represents a candelabrum found in Pompeii. The 

1. (Varro, De Ling. Lat., v., 34.— Martial, xiv., 43.— Athen., 
xv., p. 700.) — 2. (Plin., H. N., xvi., 70.) — 3. (Juv., Sat., hi., 
287.) — 4. (Cic, ad Quint. Fratr., iii., 7. — Martial, xiv., 44. — 
Petron., c. 95— Athen., xv., p. 700.)— 5. (Cic, Verr., iv., 28.)— 
* (Museo, Pio-Clem., iv., 1,5; v., 1, 3.)— 7. (iv., pi. 57.) 
20Pi 




a lamp was placed. A candelabrum of the latter 
kind is given in the preceding woodcut.* The stem 
is formed of a liliaceous plant ; and at the base is a 
mass of bronze, on which a Silenus is seated, en- 
gaged in trying to pour wine from a skin which he 
holds in his left hand, into a cup in his right. 
There was another kind of candelabrum, entirelv 




n& 



different from those which have been describe* , 
which did not stand upon the ground, but was pla- 

1. (Mus. Borb., vi., pi. 61.)— 2. (Plin., II. N., xxxiv., 6.)— 3. 
(Mm. B.-rb., vii., pi. 15.)— 4. (Mus. Eorb., iv., pi. 59.) 



CANEPHOROS. 



CANIS. 



ced upon the table. These candelabra usually con- 
sist of pillars, from the capita's of which several 
lamps hang down, or of trees, ft )m whose branches 
lamps also are suspended. The preceding woodcut 
represents a very elegant candelabrum of this kind, 
found in Pompeii. 1 

The original, including the stand, is three feet 
high. The pillar is not placed in the centre, but at 
one end of the plinth, which is the case in almost 
every candelabrum of this description yet found. 
The plinth is inlaid in imitation of a vine, the leaves 
of which are of silver, the stem and fruit of bright 
bronze. On one side is an altar with wood and fire 
upon it, and on the other a Bacchus riding on a 
tiger. 

CANDYS (k6v6vc), a gown worn by the Medes 
and Persians over their trousers and other gar- 
ments.* It had wide sleeves, and was made of 
woollen cloth, which was either purple or of some 
other splendid colour. In the Persepolitan sculp- 
tures, nearly all the principal personages are cloth- 
ed in it. The three here shown are taken from Sir 
R. K. Porter's Travels. 3 






We observe that the persons represented in these 
sculptures commonly put their hands through the 
sleeves (SuipKoreg rue x e ^P a C ^" ™ v navduuv), but 
sometimes keep them out of the sleeves (Ifw t&v 
XupiSuv) ; a distinction noticed by Xenophon.* The 
Persian candys, which Strabo 5 describes as a " flow- 
ered tunic with sleeves," corresponded to the wool- 
len tunic worn by the Babylonians over their linen 
shirt (elplveov Kiduva eTrevdvvet ; 6 kirevdvTijc epeovc 7 ). 
A gown of the same kind is still worn by the Ara- 
bians, Turks, and other Orientals, and by both 
sexes. 

CANE'PHOROS (Kav^Spoe). When a sacrifice 
was to be offered, the round cake (rpoxia <pdoic ; 8 
7roTavov, 9 blri, mola salsa), the chaplet of flowers, 
the knife used to slay the victim, and sometimes 
the frankincense, were deposited in a flat circular 
basket (/cuveov, canistrum), and this was frequently 
carried by a virgin on her head to the altar. The 
practice was observed more especially at Athens. 
When a private man sacrificed, either his daughter 
or some unmarried female of his family officiated 
as his canephoros ; 10 but in the Panathenaia, the 
Dionysia, and other public festivals, two virgins of 
the first Athenian families were appointed for the 
purpose. Their function is described by Ovid in 
the following lines : 

11 Ilia forte die casta de more puellce 
Vertice supposito festas in Palladis arces 
Pura coronatis portabant sacra canistris." 11 

1'hat the office was accounted highly honourable 
appears from the fact that the resentment of Har- 
modius, which instigated him to kill Hipparchus, 
arose from the insult offered by the latter in forbid- 

1. (Mus. Borb., ii., pi. 13.)— 2. (Xen., Cyr., i., 3, $ 2.— Anab., 
i., 5, $ 8.— Diod. Sic, xvii., 77.)— 3. (vol. i.,pl. 49.)-4. (Cyiop., 
mi., 3, $ 10, 13.)— 5. (xv., 3, 19.)-£. (Herod., i., 195.)— 7. 
vStrabo, xvi., 1, 20.)— 8. (Addaei Epigr., Brunck, ii., 241.)— 9. 
(.tflian, V. H , xi., 5.)— 10. (Aristoph., Achara., 241-252.)— 11. 
(Mst.ii., 713-715 ^ 



ding the sister of Harmodius to walk as canephoros 
in the Panathenaic procession. 1 An antefixa in the 
British Museum (see woodcut) represents the two 
canephoroe approaching a candelabrum. Each of 
them elevates one arm to support the basket, while 




she slightly raises her tunic with the other. This 
attitude was much admired by ancient artists. 
Pliny 2 mentions a marble canephoros by Scopas, 
and Cicero 3 describes a pair in bronze, which were 
the exquisite work of Polycletus. (Via 1 . Caryatis.) 

*CAN'CAMUM (ndvKafiov), a substance mention- 
ed by Dioscorides,* and which Paul of yEgina 5 de- 
scribes as the gum of an Arabian tree, resembling 
myrrh, and used in perfumes. Avicenna calls it a 
gum of a horrid taste. Alston remarks that " some 
have taken Lacca to be the Cancamum Dioscoridis ; 
but it seems to have been unknown to the ancient 
Greeks." Upon the whole, Sprengel inclines to the 
supposition that it may have been a species of the 
Amyris Kataf. 6 

CANICOL.-E. (Vid. Oanalis.) 

*CANICTJLA. (Vid. Sirius.) 

* CANIS (kvuv), the Dog. " The parent-stock of 
this faithful friend of man must always remain un- 
certain. Some zoologists are of opinion that the 
breed is derived from the wolf; others, that it is a 
familiarized jackal : all agree that no trace of it is 
to be found in a primitive state of nature. That 
there were dogs, or, rather, animals of the canine 
form, in Europe long ago, we have evidence from 
their remains ; and that there are wild dogs we 
also know. India, for example, affords many of 
them, living in a state of complete independence, 
and without any indication of a wish to approach 
the dwellings of man. These dogs, however, 
though they have been accurately noticed by com- 
petent observers, do not throw much light upon the 
question. The most probable opinion is that ad- 
vanced by Bell, in hts ' History of British Quadru- 
peds.' This author thus sums up : ' Upon the 
whole, the argument in favour of the view which I 
have taken, that the wolf is probably the original 
of all the canine races, may be stated as follows : 
the structure of the animal is identical, or so nearly 
so as to afford the strongest a priori evidence in its 
favour. The Dog must have been derived from an 
animal susceptible of the highest degree of domes- 
tication, and capable of great affection for mankind; 
which has been abundantly proved of the wolf. 
Dogs having returned to a wild state, and con- 
tinued in that condition through many generations, 
exhibit characters which approximate more and 
more to those of the wolf, in proportion as the in- 
fluence of domestication ceases to act. The two 
animals, moreover, will breed together, and produce 
fertile young ; and the period of gestation is the 
same. The period at which the domestication of 
the Dog first took place is wholly lost in the mist 
of antiquity. The earliest mention of it i:i tho 



1. (Thucyd., vi., 56.— JElian, V. II., xi., 8.)— 2. (II. N. 
xxxvi., 4, 7.)— 3. (Verr., II., iv., 3.)— 4. (i., 23.)— 5. (vii , 3 )- 
6. (Adams, Append., s. v.) 

907 



CANNABIS. 



CANTICUM. 



Scriptures « ccurs during the iojourn of the Israel- 
ites in Egypt : ' But against Israel shall not a dog 
move his tongue.' It is again mentioned in the 
Mosaic law in a manner which would seem to show 
that dogs were the common scavengers of the 
Israel itish camp, as they still are in many cities of 
the East : ' Neither shall ye eat any flesh that is 
torn of beasts in the field ; ye shall cast it to the 
dogs.' A similar office seems to be repeatedly al- 
luded to in the course of the Jewish history. The 
Dog was considered by the Jews as eminently an 
unclean animal, and was the figure selected for the 
most contemptuous insults. It is impossible not to 
be struck with the similarity which exists in the 
teelings of many Oriental nations at the present 
day, among whom the very phraseology of the 
Scriptures is, with little modification, applied to a 
similar purpose. 1 The Dog was held in great ven- 
eration in many parts of Egypt, particularly at the 
city of Cynopolis, where it was treated with divine 
honours. According to Plutarch, however, the an- 
imal lost this high rank by reason of its eating the 
flesh of Apis, after Cambyses had slain the latter 
and thrown it out, on which occasion no other ani- 
mal would taste or even come near it. But con- 
siderable doubt has been thrown on this story, and 
the idea seems so nearly connected, as Wilkinson 
remarks, with the group of the god Mithras, where 
i he dog is represented feeding on the blood of the 
slaughtered ox, that there is reason to believe the 
story derived its origin from the Persian idol. The 
Egyptians, as appears from the monuments, had 
several breeds of dogs : some solely used for the 
chase ; others admitted into the parlour, or selected 
as the companions of their walks ; and some, as at 
the present day, chosen on account of their pecu- 
liar ugliness. The most common kinds were a sort 
of fox-dog and a hound ; they had also a short- 
legged dog, not unlike our turnspit, which was a 
jrreat favourite in the house. The fox-dog appears 
t.o have been the parent-stock of the modern red 
wik! dog of Egypt, which is so common at Cairo 
and other towns of the lower country.' 2 — The Al- 
banian Beg has been noticed by historians, natural- 
.sts, and poets, ever since Europe first began to be 
raised into consequence and importance. A super- 
natural origin and infallible powers have been at- 
tributed to it. Diana is said to have presented 
Procris with a dog which was always sure of its 
prey, and to this animal the canine genealogists 
of antiquity attributed *he origin of the celebrated 
race of the southeast of Europe, particularly of 
Molossus and Sparta. The very fine breed of dogs 
now found very plentifully in this corner of Europe, 
particularly in Albania, accords with the descrip- 
tions existing of its progenitors, indigenous in the 
same countries, and does not seem to have degen- 
erated. The MasthT( Canis Anglicus, L.) is another 
fine and powerful species. This breed was assidu- 
ously fostered by the Romans while they had pos- 
session of Britain, and many of them were exported 
to Rome, to combat wild animals in the amphi- 
theatre. The catuli Mclitai were a small species, 
or a kind of lap-dog. The modern Maltese dog is 
a small species of the Spaniel, and so. perhaps, was 
the ancient. 3 

*CANNA, a Cane or Reed. (Vid. Calamus.) 
♦CANN'ABIS (Kuvva6ig), Hemp. The KavvaBic 
fjuepoc of Dioscorides and Galen is evidently the 
Cannabis sativa, or Hemp. Sprengel agrees with 
C. Bauhin, that the Kuvva6ic dypia is the Althaea 
cannabina* 

1. (Penny Cyclopaedia, vol. i., p. 57, seqq.) — 2. (Wilkinson, 
Manners and Customs, &c , vol. in., p. 32.)— 3. (Griffith's Cu- 
vier, vol. ii , p. 327.) — i. (Dioscor., iii., 155. — Adams, Append., 



♦CANTH'ARIS (Kavdapic). From the ancient 
authorities having stated of the navdapic that it is 
found among grain (Nicander applies to it the epi- 
thet oirrifyayoc), it has been inferred that it could 
not have been what is now called the Cantharis, or 
Spanish Fly, since this latter is found principally 
upon the ash, the privet, and the elder, and seldom 
or never among grain. Sprengel thinks it probable 
that Dioscorides 1 was acquainted with two species 
of Cantharides ; the one he pronounces to be the 
Mylabris Dioscoridis (the same, probably, as the 3fy- 
labris cichorii of Latreille and Wilson) ; the other he 
is confident was not the Lytta vesicatoria, and he 
hesitates whether to call it the Melo'e proscarabaus. 
Stackhouse, again, suggests that the navdapic of 
Theophrastus* was the Curculio granarius. " To 
me it now appears," observes Adams, " that the 
common navdapic of the Greeks was the Mylabris 
cichorii. It is still extensively used in the East for 
making blistering plasters. 3 

CANTHARUS (tcdvdapoc). I. was a kind of drink 
ing-cup, furnished with handles (cantharus ansa*). 
It is said by some writers to have derived its name 
from one Cantharus, who first made cups of this 
form. 5 The cantharus was the cup sacred to Bac- 
chus, 6 who is frequently represented on ancien* 
vases holding it in his hand, as in the following 
woodcut, which is taken from a painting on an an- 
cient vase.* 




». V. 



20R 



*II. Cantharus was also the name of a hsn, 
which -^Elian calls K&vdapoe daXarrioc. It is the 
Spams cantharus, L. Its flesh is like that of the 
Gilt-head in taste and other qualities. 8 

*III. Cantharus, the Beetle. (Vid. Scarab^eus ) 
CANTICUM. In the Roman theatre, between 
the first and second acts, flute music appears to 
have been introduced, 9 which was accompanied by 
a kind of recitative, performed by a single actor, or, 
if there were two, the second was not allowed to 
speak with the first. Thus Diomedes 10 says, " In 
canticis una tantum debet esse persona, aut si du<t fu- 
erint, ita debent esse, ut ex occulto una audiat nc. col- 
loquatur, sed secum, si opus fuerit, verba faciat.'' In 

1. (ii., 64.)— 2. (H. P., viii., 10.)— 3. (Adams, Append., s. v.) 
— i. (Virg., Eclog., vi., 17.)— 5. (Athen., xi., p. 474, c— Pollux, 
Onom., vi., 96.— Plin., H. N., xxxiv., 19, v 25.)— 6. (Macrob., 
Sat., v., 21.— Plin., H. N., xxxiii., 53.)— 7. (Millingen.Peintmer 
Antiques, pi. 53.)— 8. (Aristot., H. A., viii., 13.— Adams, Ap 
pend., s. v.)— 9. (Plaut , Pseudol., I., v., 160 )— 10. ( : ii., p. 489 
ed. Putsch.) 



CAPER 



CAPITE CENSI. 



trie canticum, as violent gesticulation was required, 
)t appears to have been the custom, from the time 
of Livius Andronicus, for the actor to confine him- 
self to the gesticulation, while another person sang 
Lhe recitative. 1 The canticum always formed a 
part of a Roman comedy. Diomedes observes that 
a Roman comedy consists of two parts, dialogue 
and canticum (Latina comcedia duobus tantum mem- 
bris constant, diverbio et cantico). Wolf 2 endeav- 
ours to show that cantica also occ arred in tragedies 
and the Atellanee fabulae. There can be no doubt 
that they did in the latter ; they were usually com- 
posed in the Latin, and sometimes in the Greek 
language, whereas the other parts of the Atellane 
plays were written in Oscan. (Vid. Atellane 

F 4.BULJE ^ 

CAPELEFON. (Vid. Caupona.) 

*CAPER (rpdyof), the he-Goat. Capra is the 
name for the female, to which al£ corresponds in 
Greek. The generic appellation in the Linnaean 
system is Capra hirais. The ancients were like- 
wise acquainted with the wild Goat, or Capra ibex; 
it is supposed to be the Ako or Akko of Deuterono- 
my, 3 and the TpayeXaQog of the Septuagint and of 
Diodorus Siculus. 4 Among the Egyptians, the 
Goat was regarded as the emblem of the generative 
principle, and was held sacred in some parts of the 
land. The Ibex, or wild goat of the Desert, how- 
ever, was not sacred. It occurs sometimes in as- 
tronomical subjects, and is frequently represented 
among the animals slaughtered for the table and the 
altar, both in the Thebaid and in Lower Egypt. 5 
" It is a fact of a singular nature," observes Lt. Col. 
Smith, "that, as far as geological observations have 
extended over fossil organic remains, among the 
multitude of extinct and existing genera, and species 
of mammiferous animals, which the exercised eye 
of comparative anatomists has detected, no portions 
of Caprine or Ovine races have yet been satisfacto- 
rily authenticated ; yet, in a wild state, the first are 
found in three quarters of the globe, and perhaps 
in the fourth ; and the second most certainly ex- 
ists in every great portion of the earth, New-Hol- 
land, perhaps, excepted. It would almost seem as 
if this class of animals were added by Providence 
to the stock of other creatures for the express pur- 
pose of being the instruments which should lead 
man to industry and peace ; at least such an effect 
may, in a great measure, be ascribed to them ; and, 
if not the first companion, the Goat may neverthe- 
less be regarded as the earliest passive means by 
which mankind entered upon an improving state of 
existence. The skins of these animals were prob- 
ably among the first materials employed for cloth- 
ing. Afterward the long hair of the goat was mix- 
ed up with the short and soft fur of other animals, 
and, united with the gum of trees or animal glue, 
manufactured into that coarse but solid felt known 
in Northern Asia from the earliest ages, and noticed 
by historians and poets. It was probably of this 
material that the black war-tunics of the Cimbri 
were made, in their conflicts with Marius ; and we 
know it was the winter dress of the auxiliary co- 
horts, and even of the Roman legions in Britain, at 
least to the period of Constantine. But, long before 
(his era, the gradual advance of art was felt, even 
in the depth of Northern Europe ; the distaff had 
reached the Scandinavian nations ; and the thread, 
at first platted into ribands, afterward enlarged, and 
wrought like matting into a kind of thrum, was at 
length woven into narrow, and, last of all, into broad 
pieces of cloth. In the riband plat (i. e., plaid) we 

1. (Liv., viii., 2.— Lucian, De Salts*., c. 30.— Isidor., Grig., 
x^iii., 44.)— 2. (De Canticis, p. 11.)— 3. (xiv.,4.)— 4. (ii., 51.)— 
5. (Wilkinson, Manner* auH Customs of Aiic. E<rvptians, vol. v., 
o. 190.) 

Do 



see the origin of the check dresses common to most 
nations of northern latitudes during their incipient 
state of civilization ; for these were made by plat- 
ting the ribands into broader and warmer pieces. 
The stripes, almost universal in the South, were 
the same plats sewed together. That goat's hah 
was the chief ingredient among the Scandinavians, 
is proved by their divinities being dressed in Geita 
Kurtlu. The domestic goat in the north and west 
of the Old World preceded sheep for many ages, 
and predominated while the country was chiefly 
covered with forests ; nor is there evidence or 
wool-bearing animals crossing the Rhine or the 
Upper Danube till towards the subversion of the 
Roman Empire." 1 

*CAPHU'RA (nafovpd), the Camphor-tree. Sy- 
meon Seth is the first Greek who makes mention 
of the Camphor-tree, or Laurus Camphora, L. He 
describes it as a very large tree, growing in India, 
the wood of which is light and ferulaceous. Cam- 
phor was first introduced into medical practice by 
the Arabians. 

CAPILLUS. (Vid. Coma.) 

CAPISTRUM ((bopBeiu), a halter, a tie for horses, 
asses, or other animals, placed round the head 01 
neck, and made of osiers or other fibrous materials. 
It was used in holding the head of a quadruped 
which required any healing operation, 2 in retaining 
animals at the stall, 3 or in fastening them to the 
yoke, as shown in the woodcut Aratrum (p. 79). 
In representations of Bacchanalian processions, the 
tigers or panthers are attached to the yoke by ca- 
pistra made of vine-branches. Thus we read of 
the vite capistrata tigres of Ariadne, 4 and they are 
seen on the bas-relief of a sarcophagus in the Vati- 
can representing her nuptial procession. Set the 
annexed woodcut. 




In ploughing fields which were planted with vines 
or other trees, the halter had a small basket at- 
tached to it, enclosing the mouth, so as to prevent 
the ox from cropping the tender shoots (fisce.Uis ca- 
pistrari*). Also, when goatherds wished to obtain 
milk for making cheese, they fastened a muzzle or 
capistrum, armed with iron points, about the. mouth 
of the kid, to prevent it from sucking. 6 

Bands of similar materials were used to tie vines 
to the poles (pali) or transverse rails (juga) of a 
trellis. 7 

The term fyopbzia was also applied to a contri- 
vance used by pipers (avh-nrai) and trumpeters to 
compress their mouths and cheeks, and thus to aid 
them in blowing. (Vid. Chiridota.) This was said 
to be the invention of Marsyas. 8 

CAPITA'LIS. (Vid. Caput.) 

CA'PITE CENSI. (Vid. Caput.) 



1. (Griffith's Cuvier, vol. iv., p. 294, seqq.)— 2. (Columella, 
vi., 19.)— 3. (Varro, De Re Rust., ii.. 6.)— 4. (Ovid, Epist., ii., 
80— Sidon. Apoll., carm. xxii., 23.)— 5. (Plin., H. N., xvii., 49 
$ 2.— Cato, De Re Rust., 54.)— 0. (Virg., Georg., ii)., 399.)— 7 
(Columella, iv., 20; xi., 2.)— 8. (Simonides, Bnwick Analect., i. 
122.— Sophocles, ap. Cic. ad Att., ii., 16.— Aristoph.. Av., 80* 
— Vesp., 580.— Equit.. 1147 — Schol. ad 11.) 

209 



CAPITOLIUM. 



CAPNIOS. 



'JA'PITIS DEMINU'TIO. (Vid. Caput.) 
CAPITO'LIUM. This word is used in different 

significations by the Latin writers, the principal of 

which are the following : 

I. Capitolium, a small temple (sacellum 1 ), sup- 
posed to have been built by Numa, and dedicated 
to Jupiter, Juno, and Minerva, 2 situated in the Re- 
gio ix. on the Esquiline, near to the spot which was 
afterward the Circus of Flora. 3 It was a small and 
humble structure, suited to the simplicity of the age 
in which it was erected, 4 and was not termed capi- 
tolium until after the foundation of the one mention- 
ed below, from which it was then distinguished as 
the Capitolium vctus. 5 Martial 6 alludes to it under 
the name of antiquum Jovem. 

II. Capitolium, the Temple of Jupiter Optimus 
Maximus, in the Regio viii. on the Mons Tarpeius, 7 
so called from a human head being discovered in 
digging the foundations. 8 Martial distinguishes 
very clearly this temple from the one mentioned 
above : 

" Esquiliis domus est, domus est tibi colle Diance ; 
Inde novum, veterem prospicis indc, Jovem." 9 

Tarquinius Priscus first vowed during the Sabine 
war to build this temple, and commenced the found- 
ations. 10 It was afterward continued by Servius 
Tullius, and finally completed by Tarquinius Superb- 
us out of the spoils collected at the capture of Su- 
essa Pometia, 11 but was not dedicated until the 
year B.C. 507, by M. Horatius. 12 It was burned 
down during the civil wars r at the time of Sulla, 
B.C. 83, 13 and rebuilt by him, but dedicated by 
Lutatius Catulus, B.C. 69. 14 It was again burned 
to the ground by the faction of Vitellius, A.D. 70," 
and rebuilt by Vespasian ; upon whose death it was 
again destroyed by fire, and sumptuously rebuilt for 
he third time by Domitian. 16 

The Capitolium contained three temples within 
the same peristyle, or three cells parallel to each 
other, the partition walls of which were common, 
and all under the same roof. 17 In the centre was 
the seat of Jupiter Optimus Maximus, 18 called cella 
Jovis, 19 and hence he is described by Ovid 20 as 
" media qui sedet aede Deus." That of Minerva 
was on the right ; 21 whence, perhaps, the allusion 
of Horace, 22 " Proximos illi tamen occupavit Pallas 
honores ;" and that of Juno upon the left ; but com- 
pare Livy, 23 " Jupiter Optimus Maximus, Juno regi- 
na, et Minerva," and Ovid, 3 * which passages are 
considered by some writers to give Juno the prece- 
dence over Minerva. The representation of the 
Capitolium in the next woodcut is taken from a 
medal. 



^jlMmld 




iTie exact position occupied by this temple has 

I. (Vurro, De Ling. Lat., v., 158.)— 2. (Varro, 1. c.)— 3. (Var- 
ro, L c. — Notit. Imper. — P. Victor.) — 4. (Val. Max., iv., 4, Q 11.) 
—5. (Varro, 1. c.)— 6. (Epigr., V., xxii., 4.)— 7. (Livy, i., 55.)— 8. 
'Dianyc, iv., p. 247. — Liv., 1. c. — Varro, De Ling. Lat., v., 41. — 
Ssrir., ad Virg., ^En., viii., 345.)— 9. (Epigr., VII., lxxiii.)— 10. 
(LiT., i.,"S8.— Tacit., Hist., iii., 72. — Compare Plin., H. N., iii., 
9.)— 11. (Tacit., 1. c— Liv., i., 55.)— 12. (Liv., ii., 8.)— 13. (Ta- 
cit,, 1. <:.— rPlin., H. N., xiii., 27.— Plut., Sull., c. 27.)— 14. (Ta- 
rit., 1. c— Plin., H. N., xix., 6.— Liv., Epit., 98.)— 15. (Tacit., 
I. c— Plin., H. N., xxxiv., 17.)— 16. (Suet , Dom., c. 5.)— 17. 
(Dionys., iv., p. 24R)— 18. (Dionys., 1. c.)— 19. (Gell., vii., 1, 2. 
-Liv., x., 23.)— 20. (Ex Pont., iv., 9, 32.)— 21. (Liv., vii., 3.)— 
22. (Carm.,I.,xii.,19.)— 23. (iii.,17.)— 24 (Tnst.,ii.,289, 293.) 
210 



been the subject of much dispute. Some vuiteis 
consider it to have been upon the north, and some 
upon the south point of the Mons Capitolinus ; some, 
that it stood upon a different summit from the arx t 
or fortress, with the intermontium between them 
others, that it was within the arx, which is again 
referred by some to that side of the mount which 
overhangs the Tiber, and by others to the opposite 
acclivity. The reader will find the subject fully 
discussed in the following works : Marlian., Urb. 
Rom. Topogr., ii., 1, 5. — Donat, De Urb. Rom. — 
Lucio Mauro, Antichitd di Roma. — Andreas Fulvio, 
Id. — Biondo, Roma Restaurat. — Nardini, Roma An- 
tica, v., 14. — Buhsen and Plattner, Beschreibung 
Roms. — Niebuhr, Hist. Rom., vol. i., p. 502, transl. 

III. Capitolium is sometimes put for the whole 
mount, including both summits, as well as the in 
tcrmontium, which was originally called Mons Sa- 
turnius, 1 and afterward Mons Tarpeius, 2 from the 
virgin Tarpeia, who was killed and buried there by 
the Sabines ; and, finally, Mons Capitolinus, for the 
reason already stated ; and, when this last term 
became usual, the name of Tarpeia was confined 
to the immediate spot which was the scene of her 
destruction, 3 viz., the rock from which criminals 
were cast down. This distinction, pointed out by 
Varro, is material ; because the epithet Tarpeian, 
so often applied by the poets to Jupiter, has . been 
brought forward as a proof that the temple stood 
upon the same side as the rock, whereas it only 
proves that it stood upon the Tarpeian or Capitoline 
Mount. At other times capitolium is used to desig- 
nate one only of the summits, and th&t one appa- 
rently distinct from the arx ;* which obscurity is 
farther increased, because, on the other hand, arx 
is sometimes put for the whole mount, 8 and at cth 
ers for one of the summits only.' 

There were three approaches from the Forum to 
the Mons Capitolinus. The first was by a flight 01 
100 steps (centum gradus 7 ), which led directly to the 
side of the Tarpeian Rock. The other two wery 
the clivus Capitolinus and clivus Asyli, 6 one of which 
entered on the north, and the other on the south 
side of the intermontium, the former by the side of 
the Carceres Tulliani, the latter from the foot of the 
Via Sacra, in the direction of the modern accesses 
on either side of the Palazzo de' Consultori ; but 
which of these was the clivus Capitolinus and 
which the clivus Asyli, will depend upon the dispu- 
ted situation of the arx and Temple of Jupiter Opti- 
mus Maximus. 

The epithets aurea 9 and fulgens 10 are illustrative 
of the materials with which the Temple of Jupiter 
O. M. was adorned : its bronze gates, 11 and gilt ceil- 
ings and tiles. 12 The gilding of the latter alone cost 
12,000 talents. 13 

IV. Capitolium is also used to distinguish the 
chief temples in other cities besides Rome. 1 * 

CAPIT'ULUM. (Vid. Columna.) 

*CAP'NIOS or CAPNOS (kuttvloc or naizvoc), a 
plant which all the authorities agree in referring to 
the Fumaria officinalis; or common Fumitory. Sib- 
thorp is the only exception, who prefers the F. par 
viflora, Lam. It is the Fel terra of Scribonius Lar- 
gus. 15 The juice of this plant was used, according 
to Pliny, in the cure of ophthalmia. 16 It derives its 
name from its juice, when spread over the eyes, af- 



1. (Varro, De Ling. Lat., v., 42.)— 2. (Id., v., 41.— Dionys, 
iii., p. 193; iv., p. 247.)— 3. (Varro, 1. c.)— 4. (Dionys., x., p. 
611— Liv., i., 33 ; ii., 8.— Aul. Gel 1 .., v., 12.)— 5. (Liv., v., 40.) 
— 6. (Compare Liv., ii., 49; iii., 15; v., 41. — Flor., iii., 21.— 
Virg., JEn., viii., 652.— Serv., ad Virg., 1. c.)— 7. (Tacit., Hist, 
iii., 71.) — 8. (Tacit., 1. c) — 9. (Virg., Mn., viii., 348.)— 10 
(Hor., Carm., III., iii., 43.)— 11. (Liv., x., 23.)— 12. (Plin., H 
N., xxxiii., 18.)— 13. (Plut., Poplic, p. 104.)— 14. (Sil. Ital., xi. 
267.— Plaut., Cure, II., ii., 19.— Suet., Tiber., 40.)— 15. (A.? 
ams, Append., s. v.)— 16. (H. N., xxv., 13.) 



CAPROS. 



CAPULUS. 



fleeting them like smoke (nanvoc). Its flower is 
purple. The modern Greeks call this piant narcvo 
and Kaiivoyopro. Sibthorp found it growing very 
abundantly in cultivated places. 1 

*CAPP'ARIS (nd7nrapic), a plant which Sprengel, 
Stackhouse, and Schneider agree in referring to the 
Capparis Spinosa, L., or Thorny Caper-bush. Sib- 
thorp, however, is in favour of a variety of the C. 
Spinosa, to which he gives the name of Capparis 
ovata. 2 Dioscorides mentions several kinds from 
different countries, all differing in their qualities. 
The best came from Caria, the next in the order of 
merit from Phrygia. 3 

♦CAPRA, the she-Goat, the ai% of the Greeks. 
(Vid. Caper.) 

♦CAP'REA, a wild she-Goat, or, rather, a species 
of wild goat generally. Pliny* speaks of it as being 
possessed of a very keen sight, which may, perhaps, 
identify it with the Dorcas, or Gazelle. Cuvier, 
however, makes Pliny's Caprea the same with the 
Cercus Capreolus, L., or Roebuck. (Vid. Dorcas. 5 ) 

*CAPRIFICATIO, the process of caprification, 
or a ripening of figs on the domestic tree by means 
of insects found on the wild fig. The process is 
described briefly by Eustathius, 6 and more at large 
by Pliny. 7 The former, speaking of the wild fig- 
trees, says that what are called ipfjvec (" little gnats") 
pass from them into the fruit of the domestic fig, 
and strengthen it to such a degree as to prevent 
its falling off from the tree. The latter remarks 
that the wild fig-tree engenders small gnats (culi- 
ces), which, when the natal tree decays, and fails to 
afford them nutriment, betake themselves to the 
domestic tree, and, penetrating by their bites into 
the fruit of this, introduce, along with themselves, 
the heat of the sun, which causes the fruit into 
which they have entered to ripen. These insects 
consume, also, the milky humour in the young fruit, 
the presence of which would make them ripen more 
slowly. The process of caprification, as given by 
modern authorities, is as follows : " The operation 
is rendered necessary by the two following facts, 
namely, that the cultivated fig bears, for the most 
part, female flowers only, while the male flowers 
are abundant upon the wild fig-tree ; and, secondly, 
that the flower of the fig is upon the inside of the 
receptacle which constitutes the fruit. It is hence 
found necessary to surround the plantations and 
gardens containing the figs with branches and limbs 
bearing male flowers from the wild fig-tree, thus 
preparing the way for the fertilizing the female 
flowers in the garden : and from these wild flow- 
ers the fertilizing pollen is borne to the other figs 
upon the wings and legs of small insects which are 
found to inhabit the fruit of the wild fig." 8 

*CAPRIFPCUS (kpiveog, epivoc), the wild fig-tree, 
the Ficus Carica, L. (Vid. Syce, and Caprificatio.) 

*CAPRIMULGTJS. (Vid. Aigothelas.) 

*C APROS (Kdirpoc), I. the wild Boar, called by the 
Romans Aper. (Vid. Sus.) The flesh of this ani- 
mal was highly esteemed by that people, and it was 
customary to serve up whole ones at table. Hence 
the boar was termed ccence caput, or, as we would 
say, the " head dish ;" hence, also, the language of 
Juvenal in speaking of the wild boar, " animal prop- 
ter convivia natum," " an animal born for the sake 
of banquets." 9 

*II. A species of fish, the Zeus Aper of Linnaeus, 
called in Italian Riondo, and in French Sauglier. 
It is a small yellowish fish, inhabiting the Mediter- 



ranean, and is the same With the perca pusilla ol 
Brunnich. 1 

CAPSA (dim. CAPSULA), or SCRINIUM, vas 
the box for holding books among the Romans. 
These boxes were usually made of beech-wood,* 
and were of a cylindrical form. There is no doubt 
respecting their form, since they are often planp* 
by the side of statues dressed in the toga. Thr 
following woodcut, which represents an open cap&d 
with six rolls of books in it, is from a painting at 
Pompeii. 




1. (Billerbeck, Flora Classioa, p. 178.)— 2. (Dioscor., ii., 94. 
— Theophrast., H. P., i.. 3.— JEtius, i., 184.— Adams, Append., 
s. v.)— 3. (Billerbeck, Flora Classica, p. 136.)— 4. (II. N., xi., 
37.)— 5. (Griffith's Cuvier, vol. v., p. 314.)— 6. (Comment, in 
A., vi., 433.)— 7. (H. N., xv., 19.)— 8. (Encyclopaedia Americana, 
•ol. v., p. 115.)— 9. (Sat., i., 141.) 



There does not appear to have been any diifei- 
ence between the capsa and fhe scrinium, except 
that the latter word was usually applied to those 
boxes which held a considerable number of rolls 
(scrinia da magnis 3 ). Boxes used for preserving 
other things besides books were also called capsae, 4 
while in the scrinia nothing appears to have been 
kept but books, letters, and other writings. 

The slaves who had the charge of these book- 
chests were called capsarii, and also custodes scrin- 
iorum ; and the slaves who carried, in a capsa be* 
hind their young masters,the books, &c, of the sooa 
of respectable Romans, when they went to school, 
were also called capsarii (Qucm sequitur cusioz 
angustce vernula capsa 5 ). We accordingly find 
them mentioned together with the paedagogi (con 
stat quosdam cum pcedagogis et capsariis uno prandio 
necatos 6 ). 

When the capsa contained books of importance, 
it was sealed or kept under lock and key ; 7 whence 
Horace 8 says to his work, " Odisti claves, et grata 
sigilla pudico." 9 

CAPSA'RII, the name of three different classes 
of slaves : 

1. Of those who took care of the clothes of per- 
sons while bathing in the public baths. ( Vid. Baths, 
p. 147.) In later times they were subject to the ju- 
risdiction of the praefectus vigilum. 10 2. Of those 
who had the care of the capsae, in which books and 
letters were kept. (Vid. Capsa.) 3. Of those who 
carried the books, &c, of boys to school. (Vid. 
Capsa.) 

CAP'SULA. (Vid. Capsa.) 

CA'PULUS (kutttj, ?.a6rj), the hilt of a aword. 
This was commonly made of wood or horn, but 
sometimes of ivory 11 or of silver, 18 which was either 
embossed 13 or adorned with gems (capulis radianti- 
bus enses). 1 * Philostratus 15 describes the hilt of a 
Persian acinaces, which was made of gold set with 
beryls, so as to resemble a branch with its buds. 
These valuable swords descended from father to 
son. 16 When Theseus for the first time appears at 
Athens before his father ^Egeus, he is known by 
the carving upon the ivory hilt of his sword, and is 



1. (Aristot., H. A., ii., 13. — Adams, Append., s. t.) — 2. (II 
N., xvi., 84.)— 3. (Mart., i., 3.)— 4. (Plin., II. N., xv., 18, $ 4.— 
Mart., xi., 8.)— 5. (Juv., Sat., x., 117.)— 6. (Suet., Ner., 36.)— 
7. (Mart.,i., 67.)— 8. (Epist., I., xx., 3.)— 9. (Becker, Gallus, i., 
191.— Bottiger, Sabina, ;., 102.)— 10. (Dig. 1, tit. 15, s. 3.)— 11 
(Spartian., Hadr., 10, iXe<f>avTOKu>Tzos.) — 12. [iflyvf/hi tcw-irq: 
Horn., II., i., 219.)— 13. (Plin., II.N.,xxxiii., 12.)— 1 4. (Claud., 
De Laud. Stil., ii.. 88.)— 15. (Imag., ii , 9^ — 16. (Claud., 1. c.J 

211 



CAPUT. 



CARACALLA. 



ihus sared from being poisoned by the aconite 
which Medea has administered. 1 

The handles of knives were made of the same 
materials, and also of amber. 3 Of the beautiful 
and elaborate workmanship sometimes bestowed on 
knife-handles, a judgment may be formed from the 
three specimens here introduced. 3 




The term capulus is likewise applied to the han- 
dle of a plough by Ovid, as quoted in Aratrum, p. 80. 

CAPUT, the head. The term " head" is often 
used by the Roman writers as equivalent to " per- 
son" or " human being." 4 By an easy transition, 
it was used to signify "life :" thus, capite damnari, 
plecti, &c, are equivalent to capital punishment. 

> Caput is also used to express a man's status, or 
civil condition ; and the persons who were regis- 
tered in the tables of the censor are spoken of as 
capita, sometimes with the addition of the word 
civium, and sometimes not. 5 Thus to be registered 
in the census was the same thing as caput habere : 
and a slave and a filius familias, in this sense of the 
word, were said to have no caput. The sixth class 
of Servius Tullius comprised the proletarii and the 
capite censi, of whom the latter, having little or no 
property, were barely rated as so many head of citi- 
zens. 6 

He who lost or changed his status was said to be 
capite minutus, deminutus, or capitis minor.'' The 
phrase se capite deminuere was also applicable in 
case of a voluntary change of status. 9 

Capitis minutio is defined by Gaius 9 to be status 
permutatio. A Roman citizen possessed libertas, 
civitas, and familia : the loss of all three, or of lib- 
ertas and civitas (for civitas included familia), con- 
stituted the maxima capitis deminutio. This capi- 
tis deminutio was sustained by those who refused 
to be registered at the census, or neglected the re- 
gistration, and were thence called incensi. The in- 
census was liable to be sold, and so to lose his lib- 
erty ; but this being a matter which concerned citi- 
zenship and freedom, such penalty could not be in- 
flicted directly, and the object was only effected by 
the fiction of the citizen having himself abjured his 
freedom. (Vid. Banishment, p. 136.) Those who 
refused to perform military service might also be 
sold. 10 A Roman citizen who was taken prisoner 
by the enemy lost his civil rights, together with his 
liberty, but he might recover them on returning to 
his country. (Vid. Postliminium.) Persons con- 



1. (Ovid, Met., vii., 423.)— 2. {% ol kcu \a6al ptaxatpaig yi- 
vovrai : Eustath. in Dionvs., 293.) — 3. (Montfaucon, Antiq. Ex- 
pliqu6e, iii., 122, pi. 61.)— 4. (Cees., Bell. Gall., iv., 15.)— 5. 
(Liv., iii., 24 ; x., 47.)— 6. (Gell., xvi., 10.— Cic, De Repub., ii., 
22.)— 7. (Hor., Carm., III., v., 42.)— 8. (Cic, Top., c. 4.)— 9. 
(Dig. 4, tit. 5, ( 1.)— 10. (Cic, Pro Csecina, 34.— Ulp., Fragm., 
xi,ll.) 

212 



demned to ignominious punishments, as to tti« 
mines, sustained the maxima capitis deminutio. A 
free woman who cohabited with a slave, after no- 
tice given to her by the owner of the slave, became 
an ancilla, by a senatus consultum passed in the 
time of Claudius. 1 

The loss of civitas only, as when a man was in- 
terdicted from fire and water, was the media capitis 
deminutio. (Vid. Banishment.) 

The change of familia by adoption, and by the in 
manum conventio, was the minima capitis deminu- 
tio. A father who was adrogated suffered the mini- 
ma capitis deminutio, for he and his children were 
transferred into the power of the adoptive father 
A son who was emancipated by his father also sus- 
tained the minima capitis deminutio ; the cause of 
which could not be the circumstance of his being 
freed from the patria potestas, for that made the 
son a liberum caput ; but the cause was, or was 
considered to be, the form of sale by which the 
emancipation was effected. 

A judicium capitale, or poena capitalis, was one 
which affected a citizen's caput. 

CAPUT. (Vid. Interest op Money.) 

CAPUT EXTORUM. The Roman soothsayers 
(haruspices) pretended to a knowledge of coming 
events from the inspection of the entrails of vic- 
tims slain for that purpose. The part to which 
they especially directed their attention was the liv- 
er, the convex upper portion of which seems to 
have been called the caput extorum. 3 Any disease 
or deficiency in this organ was considered an unfa- 
vourable omen ; whereas, if healthy and perfect, it 
was believed to indicate good fortune. The harus 
pices divided it into two parts, one called familiaris, 
the other hostilis : from the former they foretold 
the fate of friends, from the latter that of enemies 
Thus we read' that the head of the liver was muti • 
lated by the knife of the operator on the "familiar" 
part (caput jecinoris a familiari parte ceesum), which 
was always a bad sign. But the word " caput" 
here seems of doubtful application ; for it may des- 
ignate either the convex upper part of the liver, or 
one of the prominences of the various lobes which 
form its lower and irregularly concave part. It is, 
however, more obvious and natural to understand 
by it the upper part, which is formed of two prom- 
inences, called the great and small, or right and left 
lobes. If no caput was found, it was a bad sign 
(nihil tristius accidere potuit) ; if well defined, or 
double, it was a lucky omen.* 

*CARA, a plant. (Vid. Careum.) 

*CAR'ABUS (ndpahog), a crustaceous animal, of 
which there is frequent mention in the classics. It 
is the Locusta of Pliny, in French langouste. There 
is some difficulty, remarks Adams, in determining 
to what species of Cancer it applies. Schneider 
thinks it was certainly not the Cancer homarus ; 
and he is not quite satisfied that it was the C. ele 
phas* 

CARACA'LLA was an outer garment used in 
Gaul, and not unlike the Roman lacerna. (Vid. La 
cerna.) It was first introduced at Rome by th<? 
Emperor Aurelius Antoninus Bassianus, who com 
pelled all the people that came to court to wear it, 
whence he obtained the surname of Caracalla. 
This garment, as worn in Gaul, does not appear U 
have reached lower than the knee, but Caracalla 
lengthened it so as to reach the ankle. It after 
ward became common among the Roman?, and gar 
ments of this kind were called caracallae Antonianae 



1. (Ulp., Frag., xi., 11.— Compare Tacit., Ann., xii., 53, am 
Suet., Vesp., 11.)— 2. (Plin., H. N., xi., 37, s. 73.)— 3. (Liv, 
viii., 9.)— 4. (Cic, Do Div., ii., 12, 13.— Liv.. xxvii., 26.)— S 
(Schneider, ad Aristot.. II A , iv., 3. — Adams, Append , s. v.V- 
6. (Aurel. Vict., Epit., 21 ) 



CARCER. 



CARCHARIAS. 



to distinguish thein from the Gallic caracallae. 1 It 
usually had a hood to it, and came to be worn by 
the clergy. Jerome 3 speaks of "paIliolt>m mir<z pul- 
chritudinis in modum caracallarum sed absque cucul- 
fo." 

CARBATINA. {Vid. Pero.) 

•CARBUNC'ULUS (uvdpa%), the Carbuncle, a 
precious stone, deriving its name, both in Greek 
and Latin, from its resemblance to a small ignited 
coal. The ancients called by these two names all 
the red transparent gems, which have since been 
listinguished by the different appellations of Ruby, 
Garnet, &c, all of which they regarded merely as 
species of the Carbuncle. Theophrastus and Stra- 
bo enumerate the Carthaginian and Garamantian 
carbunculi among those most in repute. "Those 
carbuncles," observes Dr. Moore, "which Pliny 
calls Alabandic, because they were cut and polish- 
ed at Alabanda, were precious garnets, still called 
ijy some mineralogists Alabandines or Alamandines. 
What he afterward says of Alabandic carbuncles, 
which were darker coloured and rougher than oth- 
ers, may be explained by supposing that near Ala- 
banda both precious and common garnets were ob- 
tained." The term Carbunculus was also applied 
to a species of black marble, on account of its like- 
ness to a quenched coal, and out of which mirrors 
were sometimes made. 3 

CARCER. Career (kerker, Ger., yopyvpa, Greek) 
is connected with epKoc and elpyu, the guttural be- 
ing interchanged with the aspirate. Thus also Var- 
:o,* " Career a coercendo quod prohibentur exire." 

Carcer (Greek). Imprisonment was seldom 
used among the Greeks as a legal punishment for 
offences ; they preferred banishment to the expense 
of keeping prisoners in confinement. We do, in- 
deed, find some cases in which it was sanctioned 
by law ; but these are not altogether instances of 
its being used as a punishment. Thus the farmers 
of the duties, and their bondsmen, were liable to 
imprisonment if the duties were not paid by a speci- 
fied time ; but the object of this was to prevent the 
escape of defaulters, and to ensure regularity of 
payment. 5 Again, persons who had been mulcted 
in penalties might be confined till they had paid 
them. 6 The drcuoi also, if they exercised the rights 
of citizenship, were subject to the same consequen- 
ces. 7 Moreover, we read of a deouog for theft ; but 
this was a TTpoarlurjfia, or additional penalty, the in- 
fliction of which was at the option of the court 
which tried the case ; and the dec/toe itself was not 
an imprisonment, but a public exposure in the wo- 
donaKKT], or stocks, for five days and nights — the to 
ev S-vTiO dedeodai. We may here observe, that in 
most cases of theft the Athenians proceeded by 
" civil action ;" and if the verdict were against the 
defendant (a tic Idlav dinnv k^otttjc uXoltj), he had 
to pay, by way of reparation, twice the value of the 
stolen property: this was required by laic. The 
irpoaTi/iTjfia was at the discretion of the court* Still 
the idea of imprisonment per se, as a punishment, 
was not strange to the Athenians. Thus we find 
that Plato 9 proposes to have three prisons : one of 
these was to be a GoQpoviG-rijpiov, or penitentiary; 
Another a place of punishment — a sort of penal set- 
tlement away from the city. 

The prisons in different countries were called by 
different names : thus there was the 'kvayaaiov, in 
Boeotia; the Keddac, at Sparta; the Kepauoc, at 
Cyprus ; the Kuc, at Corinth ; and, among the Ioni- 



1 (Aurel. Vict., De C«es., 21.— Spartian., Sev., 21.— Anton., 
Car. 9.)— 2. (Ep., 128.)— 3. (Theophrast., De Lapid., c. 31, 32. 
— HiJ,adloc— Moore's Anc. Mineral., p. 156.— Adams, Append., 
t. v.l— 4. (De Lin?. Lat., iv., 32.) -5. (Bockh, ii., 57, transl.)— 
6 (Demostti., c. Mid., 529, 26.)— 7. (Demosth., c. Timocr., 732, 
'"i— 8. (Dsmosth.. c. Timocr., 736.)— 9. (Leg., x., 15.) 



ans, the yopyvpa, as at Samos. 1 Ihe prison at 
Athens was in former times called deauuTripiov, and 
afterward, by a sort of euphemism, oUr/fia. It was 
chiefly used as a guardhouse, or place of execu- 
tion, and was under the charge of the public officer! 
called the eleven, ol ivdeaa. One gate in the prison, 
through which the condemned were led to execu- 
tion, was called to Xapuvelov. 2 

The Attic expression for imprisonment was deh. 
Thus, in the oath of the j3ov?.evrai, or senators, oc- 
curs the phrase ovde drjaa 'kdrjvaiuv ovdeva. Hence 
we have the phrase udeouog Qvlaicri, 3 the "libera 
custodia" of the Romans, signifying that a party 
was under strict surveillance and guard, though not 
confined within a prison. 

Carcer (Roman). A carcer or prison was first 
built at Rome by Ancus Marcius, overhanging the 
Forum.* This was enlarged by Servius Tullius, 
who added to it a souterrain or dungeon, called 
from him the Tullianum. Sallust 5 describes this as 
being twelve feet under ground, walled on each side, 
and arched over with stonework. For a long time 
this was the only prison at Rome, 6 being, in fact, 
the " Tower," or state prison of the city, which was 
sometimes doubly guarded in times of alarm, and 
was the chief object of attack in many conspiracies. 7 
Varro 8 tells us that the Tullianum was also named 
" Lautumiae," from some quarries in the neighbour- 
hood ; or, as others think, in allusion to the " Lau- 
tumiae" of Syracuse, a prison cut out of the solid 
rock. In later times the whole building was called 
the " Mamertine." Close to it were the Scalae Ge- 
moniee, or steps, down which the bodies of those 
who had been executed were thrown into the Fo- 
rum, to be exposed to the gaze of the Roman popu- 
lace. 9 There were, however, other prisons besides 
this, though, as we might expect, the words of Ro- 
man historians generally refer to this alone. One 
of these was built by Appius Claudius, the decem- 
vir, and in it he was himself put to death. 10 

The carcer of which we are treating was chiefly 
used as a place of confinement for persons under 
accusation, till the time of trial ; and also as a place 
of execution, to which purpose the Tullianum was 
specially devoted. Thus Sallust 11 tells us that Len- 
tulus, an accomplice of Catiline, was strangled there. 
Livy also 13 speaks of a conspirator being delegatus in 
Tullianum, which in another passage 13 is otherwise 
expressed by the words in inferiorem demissus car- 
cerem, necatusquc. 

The same part of the prison was also called " ro- 
bur," if we may judge from the words of Festus : 
" Robur in carccre dicitur is locus, quo pracipitatur 
malejicorum genus.'''' This identity is farther shown 
by the use made of it ; for it is spoken of as a place 
of execution in the following passages : " In robore 
et tenebris exspirare." 1 * " Robur et saxum (sc. Tar- 
peium) minitari." 1 * So also we read of the " catenas 
— et Italum robur." 16 

CAR'CERES. (Fw. Circus.) 

*CARCHARTAS (napxapiac), a species of fish, 
called in English the White Shark, and in French 
Requin. The scientific name is Squalus carcharias, 
L., or Carcharias vulgaris, Cuvier. The Carchari- 
as is the same with the Lamia of Aristotle, 17 Galea, 
and Pliny ; 18 the ?iduvn of Oppian ; the kvcjv daldr- 
tloc (** sea-dog") of ^Elian ; 19 and the Kapxapoc kvuv 
of Lycophron. 30 It has also been called by some 



1. (Herod., iii., 145.— Pollux, Onom., ix., 45.)— 2. (Pollux, 
Onom., viii., 103.— Wachsmuth, Hellen. Alterth., ii., 1, 1) 95, OS.) 
—3. (Thucyd., iii., 34.)— 4. (Liv., i., 33.)— 5. (Cat., 55.)— 6. 
(Juv., Sat., iii., 312.)— 7. (Liv.,xxvi., 27 ; xxxii., 26.)— 8. (1. c.) 
—9. (Cramer, Anc. Italy, i., 430.)— 10. (Liv., iii., 57.— Plin., 
H. N., vii., 36.)— 11. (1. c.)— 12. (xxix., 22.)— 13. (x.vxiv., 44.) 
— 14. (Liv.. xxxviii., 59. — Sallust, I.e.) — 15. (Tacit., Ann., iv, 
29.)— 16. (Hor., Carm., II., xiii., 18.)— 17. (II. A., v.. 5.)— IS 
(H. N., ix., 24.)— 19. (N. A., i., 17.)— 20. (Cassand., 34.) 

213 



CARCINIUM. 



CARDAMOMUM 



Piscis Jona, from its having been supposed to be 
the fish which swallowed Jona. 1 

CARCHE'SIUM (napxr/aiov), a beaker or drink- 
ing- cup, which was used by the Greeks in very early 
times, so that one is said to have been given by Ju- 
piter to Alcmena on the night of his visit to her. 2 
It was slightly contracted in the middle, and its two 
handles extended from the top to the bottom. 3 It 
was much employed in libations of blood, wine, milk, 
an I honey.* The annexed woodcut represents a 
magnificent carchesium, which was presented by 
Charles the Simple to the Abbey of St. Denys. It 
was cut out of a single agate, and richly engraved 
with representations of bacchanalian subjects. It 
held considerably more than a pint, and its handles 
were so large as easily to admit a man's hand. 




The same term was used to designate the tops of 
a ship, that is. the structure surrounding the mast 
immediately above the yard (vid. Antenna), into 
which the mariners ascended in order to manage 
the sail, to obtain a distant view, or to discharge 
missiles (hie summi super at carchesia mali 5 ). This 
was probably called " carchesium" on account of its 
resemblance in form to the cup of that name. The 
ceruchi or other tackle may have been fastened to 
its lateral projections, which corresponded to the 
handles of the cup (summitas mali, per quam Junes 
trajiciunt ; 6 foramina, qua summo mali Junes recipi- 
unt''). Pindar 8 calls the yard of a ship " the yoke of 
its carchesium," an expression well suited to the 
relative position of the parts. 

The carchesia of the three-masted ship built for 
Hiero II. by Archimedes were of bronze. Three 
men were placed in the largest, two in the next, 
and one man in the smallest. Breastworks (ti-topd- 
klu) were fixed to these structures, so as to supply 
the place of defensive armour ; and pulleys (rpoxv 
"kiai, trochlea) for hoisting up stones and weapons 
from below. 9 The continuation of the mast above 
the carchesium was called " the distaff" (faa/carn), 
corresponding to our topmast or topgallant-mast. 10 
This part of an ancient vessel was sometimes made 
to produce a gay and imposing effect when seen 
from a distance (lucida qua splendent summi carche- 
sia mali 11 ). The carchesium was sometimes made 
to turn upon its axis (versatile 1 *), so that by means 
of its apparatus of pulleys it served the purposes of 
a crane. 

*CARCINTUM (KaptilvLov), according to Pennant, 
* species of shellfish, the same with the Cancer 
Bcrnardus, Linn., or Hermit-crab. It is more cor- 
rect, however, to say that the Greeks applied the 
name Carcinion generically to the parasite crusta- 

1. (Adams, Append., s. v.) — 2. (Pherecydes, p. 97-100, ed. 
Bturz.) — 3. (Athenaeus, xi., 49.— Macrob., Sat., v., 21.) — 4. 
(Sapphc, Frag.— Virg., Georg., iv., 380.— JEn., v., 77.— Ovid, 
Met., vii., 246. — Stat., Achill., ii., 6. — Athenaeus, v., 28.) — 5. 
(Lucil., Sat., iii.— Eurip., Hec, 1237.— Schol., ad loc.)— 6. 
(Serv. itt. JEn., v., 77.)— 7. (Nonius, s. v.)— 8. (Nem., v., 94 , 
—9. (Moschion, ap. Athen., v., 43.) — 10. (Apollon. Rhod., i., 
565. — Schol., ad loc. — Atlien^us, xi., 49.) — 11. (Catullus, ap. 
Non.— Apuleius, Met., si.)— 12. (V'.truv., x., 2, 10.— Schneider, 
ail loc.) 

214 



cea wmeh lodge themselves in the empty shells of 
the mollusca, and which the Latins designated by 
the synonymous appellation of Cancelli. Aldrovan- 
dus, Gesner, Rondelet, Swammerdam, and othe? 
modern naturalists, preserve this last denomina 
tion ; but Fabricius has bestowed that of Pagurus 
upon this genus, a name by which the ancients des- 
ignated a sort of crab, or one of the biachyurous 
Crustacea. Aristotle mentions the fact, now so 
well established, that the shell serving as an habi- 
tation to the Carcinion or Pagurus was not of its 
own formation ; that it had possessed itself of it af- 
ter the death of the molluscous animal which had 
formed it ; and that its body was not adherent to 
it, as is that of the last-mentioned animal. 1 

*CAR'CINUS (napKivoc), the genus Cancer ox Crab, 
of which many species are described by Aristotle. 
According to Pennant, Aristotle notices the Velvet- 
crab, or Cancer velutinus, L. 2 The Kapnivoc ttotu- 
jxloc belongs to the genus Thelphusa. " This species 
of crab enjoyed a great celebrity among the Greeks, 
and we see it on the coins of Agrigentum in Sicily, 
where it is represented with so much truth that it 
is impossible to mistake it. Particular mention is 
made of this crustaceum in the writings of Pliny., 
Dioscorides, Nicander, and others. It is the Gran- 
cio or Granzo of the Italians. It was believed that 
the ashes of this species were useful, from. their 
desiccative qualities, to those who had been bitten 
by a mad dog, either by employing those ashes 
alone, or mixed with incense and gentian. Accord- 
ing to iElian, the fresh-water crabs, as well as the 
tortoises and crocodiles, foresaw the inundations of 
the Nile, and, about a month previously to that 
event, resorted to the most elevated situations in 
the neighbourhood. The kind of Crustacea termed 
by modern naturalists Ocypode is probably the same 
of which Pliny makes mention, and which the 
Greeks, by reason of the celerity of its movements, 
designated as the Hippeus ('lirirevc), or " Horseman." 
— With regard to the Cancer Pinnotheres, or small 
Crab, vid. Pinnophylax. 3 

*CARDAMTNE (napdafiivn), the second species 
of "Ziav/j.6ptov. The term is applied by modern 
botanists to a genus closely allied to the Cresses. 
(Vid. Sisymbrium.)* 

*CARDAMO'M(JM, according to Pliny, 5 a species 
of aromatic shrub, producing a seed or grain of the 
same name with the parent plant. This seed was 
used in unguents. The Roman writer mentions 
four kinds of this seed : the first, which was the 
best, was of a very bright green, and hard to break 
up ; the second was of a whitish-red colour ; the 
third, smaller, and of a darker hue ; the fourth and 
worst, of different colours, having little odour, and 
very friable. The Cardamomum had a fragrance 
resembling that of Coslus, or Spikenard. The Car- 
damomum of the shops at the present day appears 
to be the same with that of the ancients, and is the 
fruit or seed of the Amomum Cardamomum. It 
comes, not from Arabia, as Pliny says the ancient 
kinds did, but from India ; and, indeed, it was in 
this way the Greeks and Romans actually obtained 
theirs, by the Red Sea, and the overland trade 
through Arabia. Only three kinds are known at 
the present day, the large, medium, and small sized. 
M. Bonastre thinks that cardamomum means " amo- 
mum in husks," or " husk-amomum" (amome a sili' 
ques), the Egyptian term kardh meaning, as he says, 
" a husk." Other etymologists, however, make 
the term in question come from icapdia, " a heart," 
and aficofiov, and consider it to mean " strengthen- 
ing, exhilarating, or cardiac amomum.'" 

1. (Griffith's Cuvier, vol. xiii., p. 304.) — 2. (Adams, Append., 
3. v.^ — 3. (Griffith's Cuvier, vol. xiii., p. 278, seqq.) — 4. (Adams 
Append., s. v.)— 5. (H. N.. xu., 13 —6. (Fee, ad Plin., 1. c.) 



UaIIDO 



CARDUliS. 



»CARD'AMUM {tcapdafiov), a species of plant. 
Schneider remarks that Sprengel holds it to be the 
Lepidium sativum, or cultivated Pepper- wort ; Stack- 
house, however, is for the Sisymbrium nasturtium, 
or Water-cress ; while Coray thinks it is either 
f he Lepidium perfoliatum, or Orientate, Tournefort. 
- There can be little doubt," observes Adams, 
* that it was a sort of Cress, but the species cannot 
ae determined with any degree of certainty." 1 

CARDO (daipoc, orpvQevg, crpofyiyZ, yiyyXvfioc), 
a hinge, a pivot. 

The first figure in the annexed woodcut is de- 
signed to show the general form of a door, as we 
find it with a pivot at the top and bottom (a, b) in 
ancient remains of stone, marble, wood, and bronze. 
The second figure represents a bronze hinge in the 
Egyptian collection of the British Museum : its 
pivot (b) is exactly cylindrical. Under these is 
drawn the threshold of a temple, or other large edi- 
fice, with the plan of the folding-doors. The pivots 
move in holes fitted to receive them (b, b), each of 



an 






1, 








"T 


r 









which is in an angle behind the antepagmentum 
(marmorco aratus stridens in limine car do 2 ). This rep- 
resentation illustrates the following account of the 
breaking down of doors : " Janua evulsis funditus 
cardinibus prostcrnuntur." 3 When Hector forces the 
gate of the Grecian camp, he does it by breaking 
both the hinges (au^oripovc daipovc*), i. e., as ex- 
plained by the scholiasts, the pivots (orpoftyyac) at 
the top and bottom. (Vid. Cataracta.) 

According to the ancient lexicons, " cardo" de- 
noted not only the pivot, but sometimes the socket 
{foramen) in which it turned. On this assumption 
we may vindicate the accuracy of such expressions 
as Posies a cardine vellit, and Emoti procumbunt car- 
dine postes ; 5 daipuv e^epvaavrec. 6 In these instan- 
ces, " postis" appears to have meant the upright 
pillar {a, b) in the frame of the door. The whole 
of this " post," including the pivots, appears to be 
called oTpo<pevc, and " cardo" by Theophrastus and 
Pliny, who say that it was best made of elm, be- 
cause elm does not warp, and because the whole 
door will preserve its proper form, if this part re- 
mains unaltered. 7 

To prevent the grating or creaking noise 8 (stri- 
dor, 9 strepitus 10 ) made by opening a door, lovers and 
others who had an object in silence (cardine tacito 11 ) 
poured water into the hole in which the pivot 
moved. 12 

The Greeks and Romans also used hinges exactly 
like those now in common use. Four Roman hin- 
ges of bronze, preserved in the British Museum, are 
shown in the following woodcut. 

The proper Greek name for this kind of hinge 
was ylyylvfioc : whence Aristotle 13 applies it to the 

1. (Adams, Append., s. v.) — 2. (Ciris, 222. — Eurip., Phcen., 
114-116.— Schol. ad loc.)— 3. (Apuleius, Met., i.)— 4. (II., xii., 
459.)— 5. (Virg., JEn., ii., 480, 493.)— G. (Quint., Smyrn., x., 
388.)— 7. (Theophrast., H. P., v., 3, 5.— Plin., II. N., xvi., 77.) 
—8. (Vir?., JEn., i., 449.)— 9. (Ovid, Met., xi., 608.)— 10. (Id. 
ib., xiv., 782.)— 11. (Tibull., I., vi., 20.— Propert., I., xvi., 25.) 
-'•?• (Plaut., Curcul., I., in., 1-4.) -13. (H. A., iv., 4.) 




joint of a bivalve shell ; and the anatomists call 
those joints of the human body ginglymoid which 
allow motion only in one plane, such as the elbow 
joint. Of this kind of hinge, made by inserting a 
pin through a series of rings locking into one an- 
other, we have examples in helmets and cuirasses. 1 

The form of the door above delineated makes it 
manifest why the principal line laid down in sur- 
veying land was called " cardo" (vid. Agrimenso- 
res) ; 2 and it farther explains the application of the 
same term to the North Pole, the supposed pivot on 
which the heavens revolved. 3 The lower extrem- 
ity of the universe was conceived to turn upon 
another pivot, corresponding to that at the bottom 
of the door ;* and the conception of these two 
principal points in geography and astronomy led to 
the application of the same term to the east and 
west also. 6 Hence our " four points of the com- 
pass" are called by ancient writers quatuor cardines 
orbis terrarum, and the four principal winds, N., S., 
E., and W., are the cardinales venti. 6 

The fundamental idea of the pivots which served 
for hinges on a door may be traced in the applica- 
tion of the same terms to various contrivances 
connected with the arts of life, more especially to 
the use of the tenon (cardo, crpo^iy^) and mcttise 
(foramen, (3dcnc) in carpentry ; 7 tignum cardina- 
tum ; 8 cardines securiculali, 9 i. e., dove-tailed ten- 
ons, called securiculati because they had the shape 
of an axe (securicula). We also find these terms 
applied to the pivot which sustained and moved the 
hand on the dial (orbis) of an anemoscope-, 10 to the 
pins at the two ends of an axle, on wb'ch it re- 
volves ; 11 and to cocks used for drawing fluids 
through pipes (bronze cock in the Museum at Naples 19 ). 

Lastly, " cardo" is used to denote an important 
conjuncture or turn in human affairs, 13 and a defi- 
nite age or period in the life of man (turpes extremi 
cardinis annos 1 *). 

♦CARDUE'LIS, a small bird, feeding among this- 
tles, whence its Latin name, from carduus, "a this- 
tle." It appears to be the same with the Acanthis 
of Aristotle. 15 (Vid. Acanthis.) 

*CARDTJUS, the Thistle, of which several kinds 
were known to the ancients. The hevnaKavdoe of 
Theophrastus 16 (duavda Xevktj of Dioscorides 17 ) is 
the Carduus leucographus of modern botanists : the 
unavda ^aA/ce/a is the Carduus cyanoides, L. The 
nipoLov of Dioscorides, so called because reputed to 
heal in varicose complaints (ntpooc, varix), is the 
C. Marianus, or St. Mary's Thistle. The modern 
Greek name is KovQayKado. Sibthorp found it in 
the Peloponnesus, in Cyprus, and around Constan- 
tinople. It grows wild, according to Billerbeck, 
throughout Europe. 18 The cKoXvpog is a species of 



1. (Bronzes of Siris in Brit. Museum. -Xge , De Re Equestr.. 
xii., 6.)— 2. (Fcstus, s. v. Decumanus. — Isid., Orig., xv., 14.) — 
3. (Varro, De Re Rust., i., 2.— Ovid, Ep. Ex Pont., ii., 10, 45.) 
—4. (Cic, De Nat. Deor., ii., 41— Vitruv., vi., 1; ix., 1.)— 5. 
(Lucan, v., 71.)— 6. (Servius, ad JEn., i., 85.)— ^ (Josephus, 
Ant. Jud., III., vi., 3.)— 8. (Vitruv., x., 15.)— 9. ,'x., 10.)— 10. 
(Varro, De Re Rust., iii., 5.)— 11. (Vitruv., x., 32.,— 12. (Schol. 
ad Ari-stoph., Av., 450.)— 13. (Virg., JEn., i., 672.)— 14. (Lu 
can, vii., 381.)— 15. (II. A., ix., 1.)— 16. (H. P., vi-, 4.) 17 
(iii., 14.— Sprengel, R II. H., vol. i., p. 185.)— 18. (Flora Clas*i 
•■a, p. 208.) 

215 



CARMENTALIA. 



CARNEIA. 



edible thistle, and, according to Sib thorp, is the same 
with the Scolymus Hispanicus ; Schneider, however, 
is in favour of the Cynara cardunculus, or Cardon 
Artichoke. 1 (Vid. Acantha.) 

*CAR'EUM (icdpoe), the plant called Carrbway, 
tne Carum carui, L. It took its name from the 
country of Caria, where the best grew, 2 and the 
name is, in fact, an adjective, there being an ellip- 
sis of cuminum ; for the Careum is, in truth, the Cu- 
minum sylvestre. Billerbeck thinks 3 that the Chora, 
or Car a which the soldiers of Caesar* ate with milk, 
and which they also made up into bread during the 
scarcity of provisions which prevailed in the camp 
of the latter at Dyrrhachium, was no other than the 
root of the Careum. Cuvier, 5 however, with more 
appearance of reason, declares for a species of wild 
cabbage (une espece de chou sauvage), of which 
Jacquin has given a description under the title of 
Crambe Tartaria. The Char a of modern botanists is 
quite different from this, being a small aquatic herb. 

*CAREX, a species of Rush. The Carex is men- 
tioned by Virgil 6 with the epithet acuta, and Martyn 7 
remarks of it as follows : " This plant has so little 
said of it, that it is hard to ascertain what species 
we are to understand by the name. It is called 
' sharp' by VirgiJ, which, if it be meant of the end 
of the stalk, is no more than what Ovid has said of 
the Juncus, or common Rush. It is mentioned also 
in another passage of Virgil, 8 ' tu post carccta late- 
das,' from which we can gather no more than that 
these plants grew close enough together for a per- 
son to conceal himself behind them. Catullus 
mentions the Carex together with Fern, and tells 
what season is best to destroy them. Since, there- 
fore, it is difficult to determine what the Carex is 
from ancient authorities, we must depend upon the 
account of Anguillara, who assures us that, about 
Padua and Vincenza, they call a sort of rush Ca- 
reze, which seems to be the old word Carex modern- 
ized. Caspar Bauhin says it is that sort of rush 
which he has called Juncus acutus panicula sparsa. 
It is, therefore, our common hard rush, which 
grows in pastures and by waysides in a moist soil. 
It is more solid, hard, and prickly at the point than 
our common soft rush, which seems to be what 
the ancients called Juncus." 9 

*CARIS (napic), a sea-animal of the class Crus- 
tacea. According to Adams, it is the Squilla of 
Cicero and Pliny, 10 a term that has been retained in 
the Linnaean nomenclature. It is the Cancer squil- 
la, L. The larger kind of Squilla, he adds, is called 
White Shrimp in England; the smaller, Prawn. 
The Kaplc Kvfr/ of Aristotle is a variety of the Can- 
cer squilla, called in French Crevette. In the sys- 
tems of Latreille and Fleming, the term Carides is 
applied to a subdivision of the Crustacea. In these 
systems, the Prawn gets the scientific name of 
Palamon serratus, the common Shrimp that of 
Crangon vulgaris." 11 

CARINA. (Vid. Navis.) 

CARMENTA'LIA. Carmenta, also called Car- 
mentis, is fabled to have been the mother of 
Evander, who came from Pallantium in Arcadia 
and settled in Latium ; he was said to have brought 
with him a knowledge of the arts, and the Latin 
alphabetical characters as distinguished from the 
Etruscan. 12 In honour of this Carmenta, who was 
supposed to be more than human, 13 were celebrated 
the Carmenta.ua, •* even as early as the time of 



1. (Billerbeck, 1. c, and p. 205.)— 2. <Plin., II. N., xix., 8.— 
Billerbeck, Flora Classica, p. 29.)— 3. (F. C, p. 80.} -4. (Bell. 
Civ., iii., 48.) — 5. (ad Caes., 1. c.,Lemaire'sed.) — 6. (Georg., iii., 
231.)— 7. (ad Virg., 1. c.)— 8. (Eclog., iii., 20.)— 9. (Martyn, 1. 
a.)— 10. (Cic, De Nat. Deor., ii., 48.— Plin., H. N., ix., 42.)— 
11. (Adams, Anpend., s. v.)— 12. (Niebuhr, Rom. Hist., i., p. 
37, transl.— Tacit., Ann., xi., 14.)— 13. (Liv., i., 71.)— 14. (Var- 
ro, De Ling. Lat., v.) 
216 



Romulus, if we may believe the authority of Plu. 
tarch. 1 These were feriae stativae, i. e., annually 
held on a certain day, the 11th of January ; and an 
old calendar 3 . assigns to them the four following 
days besides ; of this, however, there is no confir- 
mation in Ovid. 3 A temple was erected to the 
same goddess at the foot of the Capitoline Hill, 
near the Porta Carmentalis, afterward called Scel- 
erata.* The name Carmenta is said to have been 
given to her from her prophetic character, carmens 
or carmentis being synonymous with vates. The 
word is, of course, connected with carmen, as 
prophecies were generally delivered in verse. Her 
Greek title was Qe/nic.* Plutarch 6 tells us that 
some supposed Carmenta to be one of the Fates 
who presided over the birth of men : we know, 
moreover, that other divinities were called by the 
same name ; as, for instance, the Carmenta Post- 
verta and Carmenta Prorsa were invoked in cases 
of childbirth ; for farther information with respect 
to whom, see Aul. Gell., xvi., 6 ; Ovid, Fast., I, 634. 
CARNEIA (Kapvela), a great national festival, 
celebrated by the Spartans in honour of Apollo Car- 
neios, which, according to Sosibius, 7 was instituted 
Olymp. 26 , although Apollo, under the name of 
Carneios, was worshipped in various places of Pel- 
oponnesus, particularly at Amyclae, at a very early 
period, and even before the Dorian migration. 8 
Wachsmuth, 9 referring to the passage of Athenseus 
above quoted, thinks that the Carneia had long be- 
fore been celebrated ; and that when, in Olymp. 
26, Therpander gained the victory, musical con- 
tests were only added to the other solemnities of 
the festival. But the words of Athenseus, who is 
the only authority to which Wachsmuth refers, do 
not allow of such an interpretation, for no distinc- 
tion is there made between earlier and later solem- 
nities of the festival, and Athenaeus simply says 
the institution of the Carneia took place Olymp. 
26 ('Eyevero de r\ &ecuc ruv Kapveluv Kara rr\v 
EKrnv nai einoGTTjv 'Olv/iiudda, 6e iuoiftioc tyrjciv, kv 
tcj Ttepl xpovuv). The festival began on the seventh 
day of the month of Carneios— Metageitnion of the 
Athenians, and lasted for nine days. 10 It was, as 
far as we know, a warlike festival, similar to the 
Attic Boedromia. During the time of its celebra- 
tion, nine tents were pitched near the city, in each 
of which nine men lived in the manner of a military 
camp, obeying in everything the commands of a 
herald. Muller also supposes that a boat was car- 
ried round, and upon it a statue of the Carneian 
Apollo CknoXkov GTEfifiaTtac), both adorned with 
lustratory garlands, called dinnlov oTeuuanalov, in 
allusion to the passage of the Dorians from Naupac- 
tus into Peloponnesus. 11 The priest conducting the 
sacrifices at the Carneia was called 'Kynrfjc, whence 
the festival was sometimes designated by the name 
'Ar/vropia or 'KyrjTopeLov ; 12 and from each of the 
Spartan tribes five men (KapvearaL) were chosen 
as his ministers, whose office lasted four years, du- 
ring which period they were not allowed to marry. 13 
Some of them bore the name of ^.Tatyvlodpo/Lioi. 1 * 
Therpander was the first who gained the prize in 
the musical contests of the Carneia, and the musi- 
cians of his school were long distinguished compet- 
itors for the prize at this festival. 15 and the last of 
this school who engaged in the contest was Periclei- 
das. 16 When we read in Herodotus 17 and Thucyi 

1. (Romul.. c. 21.)— 2. (Grut., p. 133.)— 3. (Fast., i., 467.)— 
4. (Liv., ii.,49.)— 5. (Dionys., i., 31.)— 6. (1. c.)— 7. (ap. Athen., 
xiv., p. 635.)— 8. (Midler's Dorians, i., 3, t> 8, and ii., 8, ) 15.)— 
9. (Hellen. Alterthumsk., ii., 2, p. 257.)— 10. (Athenaeus, iv., p 
141.— Eustath. ad II., xxiv., sub fin.— Plut., Symp., viii., 1.)— 
11. (Dorians, i., 3, $ 8, note s.)— 12. (Hesych., s. v. 'Ayrjrdptt 
or.)— 13. (Hesych., s. v. KapvEiirai.)— 14. (Hesych., s v.— Com 
pare Bekker, Anecdot., p. 205.)— 15. (Muller, Dor., iv., 6, i Z.\ 
—16. (Plut., De Mus., 6.)— 17. (vi. 106 ; vii., 206.i 



CARPENTUM. 



KARPOU DIKE. 



ides 1 that the Spartans, during the celebration of 
this festival, were not allowed to take the field 
against an enemy, we must remember that this re- 
striction was not peculiar to the Carneia, but com- 
mon to all the great festivals of the Greeks ; traces 
of it are found even in Homer. 3 

Carneia were also celebrated at Cyrene, 3 in The- 
ra,* in Gythion, Messene, Sicyon, and Sybaris. 5 

CAR'NIFEX, the public executioner at Rome, 
who executed slaves and foreigners, 8 but not citi- 
zens, who were punished in a manner different from 
slaves. It was also his business to administer the 
torture. This office was considered so disgraceful, 
that he was not allowed to reside within the city, 7 
but lived without the Porta Metia or Esquilina, 8 
near the place destined for the punishment of 
slaves, 9 called Sestertium under the emperors. 10 

It is thought by some writers, from a passage in 
Plautus, 11 that the carnifex was anciently keeper of 
the prison under the triumviri capitales ; but there 
does not appear sufficient authority for this opinion. 13 

*C \RO'TA, the wild Carrot, called by the Greeks 
davKoc. (Vid. Daucus.) 

CARPENTUM, a cart; also a rectangular two- 
wheeled carriage, enclosed, and with an arched or 
sloping cover overhead. 

The caspentum was used to convey the Roman 
matrons in the public festal processions ; 13 and, as 
this was a high distinction, the privilege of riding in 
a carpentum on such occasions was allowed to par- 
ticular females by special grant of the senate. This 
was done on behalf of Agrippina (rci nap-xevrCi ev 
ralg izavnyvpeai xPV ® - 1 - 1 *)' wno availed herself of 
the privilege so far as even to enter the Capitol in 
her carpentum. 14 A medal was struck (see wood- 




cut) to commemorate this decree of the senate in 
her favour. When Claudius celebrated his triumph 
at Rome, he was followed by his empress Messali- 
na in her carpentum. 16 

This carriage contained s^ats for two, and some- 
times for three persons, besides the coachman. 17 It 
was commonly drawn by a pair of mules {carpentum 
mulare 1 *), but more rarely by oxen or horses, and 
sometimes by four horses like a quadriga. For 
grand occasions it was very richly adorned. Agrip- 
pina's carriage, as above represented, shows paint- 
ing or carving on the panels, and the head is sup- 
ported by Caryatides at the four corners. 

The convenience and stateliness of the carpen- 
tum were also assumed by magistrates, and by men 
of luxurious habits, or those who had a passion for 
driving. 19 

When Caligula instituted games and other solem- 



1. (v. , 54, and in other places.)— 2. (Od., xxi., 258, &c.) — 3. 
(Callim., Hymn, in Apoll., 72, seq.) — 4. (Callim., 1. c. — Pindar, 
Pyth., v., 99, seq.)— 5. (Paus., iii., 21, 7, and 24, 5 ; iv., 33, 5 ; 
ii., 10, 2 — Theocrit., v., 83. — Compare Miiller's Orchomenus, p. 
£27.)— 6. (Plaut., Bacch., IV., iv., 37.— Capt., V., iv., 22.)— 7. 
(Cic.,ProRabir., 5.)— 8. (Plaut , Pseud., I., iii., 98.)— 9. (Plaut., 
Cas., II., vi., 2.— Tacit., Ann., xv., 60.— Hor., Epod., v., 99.)— 
10 (Plut., Galb., 20.)— 11. (Rud., III., vi., 19.)— 12. (Lipsius, 
Excurs. ad Tacit., Ann., ii., 32.)— 13. (Liv., v., 25.— Isid., Orig., 
xx., 12.)— 14. (Dion Cass., lx.)— 15. (Tacit., Ann., xii., 42.)— 
16. (Suet., Claud., 17.)— 17. (Liv., i., 34.)— 18. (Lamprid., lle- 
.iug., 4.)— 19. (Juv., Sat., viii., 146-152.) 
E R 



nities in honour of his deceased mother A gripping 
her carpentum went in the procession. 1 This prac- 
tice, so similar to ours of sending carriages to a 
funeral, is evidently alluded to in the alto-relievo 
here represented, which is preserved in the British 
Museum. It has been taken from a sarcophagus, 
and exhibits a close carpentum drawn by four hor- 
ses. Mercury, the conductor of ghosts to Hades, 
appears on the front, and Castor and Pollux, with 
their horses, on the side panel. 

i v ;; 't"^v7 T '''''' : ' ' .-s ■' ,:ii ""''" " * 




The coins of Ephesus show a carpentum, proving 
that it was used to add to the splendour of the pro- 
cessions in honour of Diana. It probably carried 
a statue of the goddess, or some of the symbols of 
her attributes and worship. 

Carpenta, or covered carts, were much used by 
our ancestors the Britons, and by the Gauls, the 
Cimbri, the Allobroges, and other northern nations. 3 
These, together with the carts of the more common 
form, including baggage-wagons, appear to have 
been comprehended under the term carri or carra, 
which is the Celtic name with a Latin termination. 
The Gauls and Helvetii took a great multitude of 
them on their military expeditions ; and, when they 
were encamped, arranged them in close order, so as 
to form extensive lines of circumvallation. 3 

The agricultural writers use " carpentum" to de- 
note either a common cart* or a cart-load, e. g., 
xxiv. stercoris carpenta. 6 

*CARPE / SIUM (icapTrf/oiov), an aromatic some 
times used in place of Cassia. Galen describes it 
as resembling Valerian. Some of the earlier com- 
mentators, and, as it would appear, the Arabian 
physicians also, supposed it Cubebs ; but this opin- 
ion is rebutted. by Matthiolus and C. Bauhin. Dr. 
Hill says of it, " If the Arabians were acquainted 
with our Cubebs at all, it appears that, not knowing 
what the Carpesium and Ruscus were, they igno- 
rantly attributed the virtues ascribed by the Greeks 
to their medicines to the Cubebs." 6 

*CARPPNUS, a species of Maple, called also the 
Hornbeam, or Yoke-elm. It is a tree that loves 
the mountains, and is described by Pliny as having 
its wood of a red colour and easy to cleave, and 
covered with a livid and rugged bark. It was called 
Zygia (Cvyia) by the Greeks, because often used to 
make yokes (fvyu) for oxen. The scientific name 
is Carpinus betulus. 1 

KAPLTOY AI'I^I (Kapnov dinn), a civil action un 
der the jurisdiction of the thesmothetoe, might be 
instituted against a farmer for default in payment 
of rent. 8 It was also adopted to enforce a judicial 
award when the unsuccessful litigant refused to sur- 
render the land to his opponent, 9 and might be used 
to determine the right to land, 10 as the judgment 
would determine whether the plaintiff could claim 
rent of the defendai t. 



1. (Suet., Calig., 15.)— 2. (Floras, i., 18 ; iii., 2, 3, and 10.)— 
3. (Cses., Bell. GaH., i., 24, 26.)— 4. (Veget., Mulumed., iii., 
Praef.)— 5. (Pallad., x., 1.)— 6. (Paul. Mgin.,vii., 3.— Adams, 
Append., s. v.)— 7. (P)in., II. N., xvi., 15, 18, 40.— Compare 
Vitruv., ii., 9.)— 8. (Meier, Att. Process. 531.)— 9. (limit- 
walcker, 144.— Meier. Att Process, 750.)— 10. (Ilarpocrat., s. » 
and Oucias <5/vn.) 

217 



CARTA IIS. 



CASTANEA. 



CARR'AGO, a kind of fortification, consisting 
of a great number of wagons placed round an 
army. It was employed by barbarous nations, as, 
for instance, tbe Scythians, 1 Gauls (vid. Carpen- 
tum), and Goths. 3 

Carrago also signifies sometimes the baggage of 
an army. 3 

CARRU'CA was a carriage, the name of which 
only occurs under the emperors. It appears to have 
been a species of rheda (vid. Rheda), whence Mar- 
tial, in one epigram,* uses the words as synony- 
mous. It had lour wheels, and was used in trav- 
elling. Nero is said never to have travelled with 
less than iOOO carrucae. 5 These carriages were 
sometimes used in Rome by persons of distinction, 
Jke the carpenta (vid. Carpentum), in which case 
they appear to have been covered with plates of 
bronze, silver, and even gold, which were some- 
times ornamented with embossed work. Alexander 
Severus allowed senators at Rome to use carrucae 
and rhedae plated with silver ; c ana Martial 7 speaks 
of an aurea carruca which cost the value of a farm. 
We have no representations of carriages in ancient 
works of art which can be safely said to be carru- 
cae, but we have several delineations of carriages 
ornamented with piates of metal. 8 Carrucae were 
also used for carrying women, and were then, as 
well, perhaps, as in other cases, drawn by mules, 9 
whence Ulpian 10 speaks of mulcB carrucaria. 

CARRUS. (Vid. Carpentum.) 

CAR'YA or CARYATIS (Kapva or Kapvarig), 
a festival held at Caryae, in Laconia, in honour 
of Artemis Caryatis. 11 It was celebrated every 
year by Lacedaemonian maidens (Kapvarideg) with 
national dances of a very lively kind," and with sol- 
emn hymns. 

CARYATIS (Kapvartg), pi. CARYATIDES. 
From the notices and testimonies of ancient au- 
thors, we may gather the following account : That 
Caryae was a city (civitas) in Arcadia, near the La- 
conian border ; that its inhabitants joined the Per- 
sians after the battle of Thermopylae ; 13 that on the 
defeat of the Persians the allied Greeks destroyed 
the town, slew the men, and led the women into 
captivity ; and that, as male figures representing 
Persians were afterward employed with an histori- 
cal reference instead of columns in architecture 
(vid. Atlantes, Pers^e), so Praxiteles and other 
Athenian artists employed female figures for the 
same purpose, intending them to express the garb, 
and to commemorate the disgrace of the Caryatides, 
or women of Caryae. 1 * This account is illustrated 
by a bas-relief with a Greek inscription, mentioning 
the conquest of the Caryatae, which is preserved at 
Naples, and copied in the following woodcut. 

In allusion to the uplifted arm of these marble 
statues, a celebrated parasite, when he was visiting 
in a ruinous house, observed, " Here we must dine 
with our left hand placed under the roof, like Ca- 
ryatides." (Vid. Carpentum.) The Caryatides 
executed by Diogenes of Athens, and placed in the 
Pantheon at Rome, above the sixteen columns which 
suiTOunded the interior, may have resembled those 
which are represented in a similar position in one 
of the paintings on the walls of the baths of Titus. 15 
It is proper to observe that Lessing, and various 

1. (Trebell. Poll., Gallien., 13.)— 2. (Amm. Marcell., xxxi., 20. 
-Compare Veget., iii., 10.)— 3. (Trebell. Poll., Claud., 8 — Vo- 
p'.»c., Aurelian, 11.) — 4. (iii., 47.)— 5. (Suet., Ner., 30.)— 6. 
(Lamp., Alex. Sev., 43.)— 7. (iii., 72.)— 8. (See Ingharami, Mo- 
irum. Etrusch., iii., 18, 23.— Millingen, Uned. Mon.,ii., 14.) — 9. 
(Dig. 34, tit. 2, s. 13.) — 10. (Dig. 21, tit. 1, s. 36, $ 8.) — 11. 
(Hesych., s. v. Kapvai.) — 12. (Pans., iii., 10, $ 8; iv., 16, $ 5. — 
Pollux, Onom., iv., 104.) — 13. (Herod., viii., 26. — Vitruv., i., 1, 
5.)— 14. (Vitruv., 1. c. — Plin., H. N., xxxvi., 45 and 11.) — 15. 
(Dear, des Bains de Titus, pi. 10. — Wolf and Buttmann's Mu- 
slim*. I , tab. 3, fig. 5.) 
218 



writers after him, treat the preceding account aa 
fabulous. 




After the subjugation of the Caryatae, their terri 
tory became part of Laconia. Tbe fortress (xu- 
piov 1 ) had been consecrated to Artemis, 3 w r hose 
image was in the open air, and at whose annual 
festival (Kapvarig eoprij*) the Laconian virgins con- 
tinued, as before, to perform a dance of a peculiar 
kind, the execution of which was called Kapvarifriv. 
Blomfield thinks that the Caryatides in architecture 
were so called from these figures resembling the 
statue of "Apreuig Kapvarig, or the Laconian virgins 
who celebrated their annual dance in her temple.* 

*CAR'YON (ndpvov), the Walnut. " By itself," 
observes Adams, " the ndpvov is undoubtedly to be 
generally taken for the Juglans regia, or common 
Walnut. I am farther disposed to agree with Stack- 
house in holding the Kapva V.v6o'iku, Ucpcnua, and 
Bao tinea as mere varieties of the same. The ku- 
pvov Hovtikov or "keirro-Kapvov, of Dioscorides an<^ 
Galen, is as certainly the Nux Avellana, or Filbert 
being the fruit of the Corylus Avellana, or Hazel 
nut." 5 (Vid. Avellana Nuces.) 

*CARIOPHYLL'ON (KapvotyvXkov), Cloves, o 
the flower-buds of the Cariophyllus aromaticus (Eu 
genia Caryophyllata of the London Dispensary) 
They are first noticed by Paul of ^Egina. 6 Symeoi 
Seth 7 likewise gives a short account of cloves. Then 
is no mention of the clove in the works of Dioscori- 
des, Galen, Oribasius, or Aetius, but it is regularly 
noticed in the Materia Medica of all the Arabian 
physicians. 8 

*CASIA or CASSIA (Kaala, icaac'ia 9 ), Cassia. 
Moses Charras says of it, " The tree called Cassia 
is almost like that which bears the Cinnamon. 
These two barks, though borne by different trees, 
are boiled and dried after the same manner, and 
their taste and scent are almost alike." " I can 
see no difficulty," observes Adams, " about recog- 
nising it as the Lauras Cassia.''' Stackhouse, how- 
ever, prefers the Laurus gracilis, but upon what au- 
thority he does not explain. The Kacaia avpiyZ and 
^vkoKacia are thus explained by Alston : " The 
Cassia lignea of the ancients was the larger branch- 
es of the cinnamon-tree cut off with their bark, and 
sent together to the druggists ; their Cassia fistula, 
or Syrinx, was the same cinnamon in the bark oi>.y, 
as we now have it stripped from the tree, and roll- 
ed up into a kind of Fistula, or pipes." The Greeks 
then w x ere unacquainted with ou*r Cassia fistula, 
which was first introduced into medical practice by 
the Arabians. 10 

*CASSIT'EROS. (Vid. Plumbum.) 

*CASTA'NEA (naoravia, Kacrrdvia, or Kdarmn], 
the Chestnut-tree, or Fagus Castanea, L. Its fruit 
was called by the Latin writers Castanea nux, and 

1. (Steph. Bvz.) — 2. (Diana Caryatis. — Serv. inVirg., Eclog., 
viii., 30.)— 3. ("Hesych.) — 4. (Mus. Crit., vol. ii.,p. 402.— Paus., 
iii., 10, 8 ; iv., 16, 5. — Lucian, De Salt. — Plutarch, Artax.) — 5. 
(Theophr., iii., 2. — Dioscor., i., 178. -Adams, Append., s.v.) — 6. 
(vii., 3.) — 7. (De Aliment.) — 8. (Adams, Append., s. v.) — 9 
(Theophr., H. P., ix., 4.— Dioscor. i., 12.)— 10. (Serapion, Fa! . 
exxii. — Adams, Append., s. v.} 



CASTELLUM AQLLE 



CASTELLUM AQU^E 



Aiso simply Castanea. Among the Greeks, on Uit 
other hand, chestnuts had various names. They 
are called Aidg (3dXavoi by Theophrastus ; l Zapdia- 
vai BukavoL by Dioscorides and Galen ; \6iti\ia ku- 
pva by Nicander ; 3 and nupva simply by Xenophon, 3 
who mentions that the nation of the Mosynceci 
lived entirely on them.* The Chestnut-tree is gen- 
erally considered to be a native of Asia, in many 
parts of which it is to be found in situations where 
it is not very likely to have been planted. Tradi- 
tion says that it was brought from Asia Minor, and 
soon spread over all the warmer parts of Europe. 
In the southern parts of the latter continent, chest- 
nuts grow so abundantly as to form a very large 
portion of the food of the common people, who, be- 
sides eating them both raw and roasted, form them 
into puddings, and cakes, and even bread. 5 The 
name Castanea is derived by Vossius from that of 
the town of Castanaea in Thessaly, where this tree 
grew very abundantly. This etymology, however, 
is more than doubtful. 

CASSIA LEX. (Vid. Tabellaria.) 

CASSIS. (Vid. Galea, Rete.) 

CASTELLUM AQILE, a reservoir, or building 
constructed at the termination of an aquaeduct, when 
it reached the city walls, 6 for the purpose of form- 
ing a head of water, so that its measure might be 
taken, and thence distributed through the city in the 
allotted quantities. The more ancient name in use, 
when the aquaeducts were first constructed, was 
dividiculum. 7 

The castclla were of three kinds, public, private, 
and domestic. 

I. Castella Publica. Those which received 
the waters from a public duct to be distributed 
through the city for public purposes : 1. Castra, the 
praetorian camps. 2. The fountains and pools in 
the city (lacus). 3. Munera, under which head are 
comprised the places where the public shows and 
spectacles were given, such as the circus, amphi- 
theatres, naumachiae, &c. 4. Opera publica, under 
which were comprised the baths, and the service of 
certain trades — the fullers, dyers, and tanners — 
which, though conducted by private individuals, 
were looked upon as public works, being necessary 
to the comforts and wants of the whole community. 
5. Nomine Casaris, which were certain irregular 
distributions for particular places, made by order of 
the emperors. 6. Benejicia Principis, extraordinary 
grants to private individuals by favour of the sover- 
eign. Compare Frontinus, § 3, 78, in which the 
respective quantities distributed under each of these 
denominations are enumerated. 

II. Castella Privata. When a number of in- 
dividuals, living in the same neighbourhood, had 
obtained a grant of water, they clubbed together 
and built a castellvm* into which the whole quan- 
tity allotted to them collectively was transmitted 
from the castellum 'publicum. These were termed 
-privata, though they belonged to the public, and 
were under the care of the curatores aquarum. 
Their object was to facilitate the distribution of the 
proper quantity to each person, and to avoid punc- 
turing the main pipe in too many places ; 9 for when 
a supply of water from the aquaeducts was first 
granted for private uses, each person obtained his 
quantum by inserting a branch pipe, as we do, into 
the main ; which was probably the custom in the 
age of Vitruvius, as he makes no mention of private 
reservoirs. Indeed, in early times, 10 all the water 
brought to Rome by the aquaeducts was applied to 

1. (H. P., iii., 8.)— 2. (Ap. Athen., ii., 43.)— 3. (Anab , v , 4, 
18.) —4. (Adams, Append., s. v.) —5. (Library of Eat. Knowl- 
edge, vol. ii., pt. 1, p. 92.)— 6. (Vitruv., viii., 7.)— 7. (Festus, s. 
v x ~8. (Senatus consult., ap. Frontin., y 106.)— 9. (Frontin., v 
27.)— 10. (Front., v 94) 



public purposes exclusively, it being forbidden mi 
the citizens to divert any portion of it to their own 
use, except such as escaped by flaws in the ducts 
or pipes, which was termed aqua caducgJ 1 But as 
even this permission opened a door for great abuses 
from the fraudulent conduct of the aquarii, who 
damaged the ducts for the purpose of selling the 
aqua, caduca, a remedy was sought by the institution 
of castella privata, and the public were henceforward 
forbidden to collect the aqua caduca, unless permis- 
sion was given by special favour (bcncficium) of the 
emperor. 3 The right of water (jus aqua impctratce) 
did not follow the heir or purchaser of the property, 
but was renewed by grant upon every change in 
the possession. 3 

III. Castella Domestica, leaden cisterns, which 
each person had at his own house to receive the 
water laid on from the castellum privatum. These 
were, of course, private property. 

The number of public and private castella in Rome 
at the time of Nerva was 247.* 

All the water which entered the castellum was 
measured, at its ingress and egress, by the size of 
the tube through which it passed. The former was 
called modulus acceptorius, the latter erogatorius. 
To distribute the water was termed erogare; the 
distribution, erogatio ; the size of the tube, fistula- 
rum, or modulorum capacitas, or lumen. The small- 
er pipes, which led from the main to the houses of 
private persons, were called punctce ; those inserted 
by fraud into the duct itself, or into the main after 
it had left the castellum, fistula illicitae. 

The erogatio was regulated by a tube called ic\.l. 
of the diameter required, attached to the extremity 
of each pipe where it entered the castellum ; it 
was probably of lead in the time of Vitruvius, sik h 
only being mentioned by him ; but was made of 
bronze (ceneus) when Frontinus wrote, in order ta 
check the roguery of the aquarii, who were able to 
increase or diminish the flow of water from the 
reservoir by compressing or extending the lead. 
Pipes which did not require any calix were termed 
soluta. 

The subjoined plans and elevation represent a 
ruin still remaining at Rome, commonly called the 
"Trophies of Marius," which is generally consid- 
ered to have been the castellum of an aquaeduct 
It is now much dilapidated, but was sufficiently en- 
tire about the middle of the sixteenth century, as 
may be seen by the drawing published by Gamucci, 5 
from which this restoration is made. The trophies, 




then remaining in their places, from which the 
monument derives its modern appellation, are now 
placed on the Capitol. The ground-plans are given 

1. (Front., v 94.)— 2. (Front., 6 111.)— 3. (Front., v 107 ) 
(Front., v 7 8.)— 5. (Antichita di Romti. in., p. 100.) 

219 



CASTRA. 



CASTRA. 



from an excavation made some years since by the 
students of the French Academy ; they explain 
^art of the internal construction, and show the ar- 
* angement adopted for disposing of the superfluous 
water of an aquaeduct, 1 and how works of this na- 
ture were made to contribute to the embellishment 
and comforts of the city. The general stream of 
water is first divided by the round projecting but- 
tress into two courses, which subdivide themselves 
into five minor streams, and finally fall into a res- 
ervoir in the manner directed by Vitruvius,* " im- 
missarium ad recipiendum aquam castello conjunc- 
tum." Thus the structure affords also an example 
of that class of fountains designated by the Ro- 
mans emissaria. 

*CASTOR (ndcTop), the Beaver, or Castor Fiber. 
It is also called kvuv ttotu.juio^. The woTopoe. opxic, 
or naoTopiov, is Castor, but this substance is not 
the testicles of the animal, as was generally sup- 
posed by the ancients, but a peculiar gland, placed 
in the groin of the beaver of both sexes. The an- 
cients had a story prevalent among them, that the 
Beaver, when closely pursued, bit off its testicles, 
and, leaving these to the hunters, managed in this 
way to escape. 3 

*CASTOR'EUM. (Vid. Castor.) 

CASTRA. The system of encampment among 
the Romans, during the later ages of the Republic, 
was one of singular regularity and order ; but any 
attempt to trace accurately the steps by which it 
reached this excellence, would be an unprofitable 
task, in which we shall not engage. We may, how- 
ever, observe, that in the earlier wars of Rome with 
the neighbouring petty states, the want of a regular 
camp would seldom be felt, and that the later form 
of encampment, which was based upon the consti- 
tution of the legion, would not have been applicable 
to the R,oman army under the kings and in the first 
ages of the Republic, when it was arranged as a 
phalanx. We read, indeed, of stativa castra, or sta- 
tionary camps, in the wars with the JEqui and Vol- 
sci, and of winter-quarters being constructed for 
the first time at the siege of Veii (B.C. 404-395*;, 
and it is not improbable that the great Samnite war 
(B.C. 343-290) led to some regular system of en- 
campment. This was followed by the campaigns 
against Pyrrhus (B.C. 280-275), whose superior 
tactics and arrangement of his forces were not like- 
ly to be lost upon the Romans. The epoch of the 
first Punic war (B.C. 264-241), in which Rome had 
to contend against various mercenary forces, was 
succeeded by the long struggle against the Cisal- 
pine Gauls, and in both these contests the Romans 
found ample opportunities for improving themselves 
in the art of war. The second Punic war followed 
(B.C. 218-201), in which Hannibal was their ad- 
versary and teacher. After its conclusion, their 
military operations were no longer confined to Italy, 
but directed against more distant enemies, the Ma- 
cedonian and Syrian kings (B.C. 200-192). These, 
of course, required a longer absence from home, and 
often exposed them to enemies of superior forces, 
so that it became necessary to protect themselves, 
both in the field and in the camp, by superiority in 
discipline and skill. Shortly after these times flour- 
ished Folybius, the historian of Megalopolis (a friend 
and companion of Scipio Africanus the younger), 
who expresses his admiration of the Roman system 
of encampment, and tells his readers that it is well 
worthy of their attention and study. 5 His descrip- 
tion of the Roman camp of his day is remarkably 
clear ; we proceed to give it with the accompany- 
ing plan. 

1. (Compare Plin., II. N., xxxvi.,24, 3.)— 2. (viii., 7.)— 3. (Ar- 
lstot., II. A., viii., 7. — Adams, Append., s. v. kvmv irordnios.) — 
1. (Liv., iii., 2 ; v., 2.)— 5. (Hist., vi., 24, ed. Gron.) 
220 



A, praetorium. B, tents of the tribunes. C> tents 
of the praefecti sociorum. D, street 100 'feet wide. 
E, F, G, and H, streets 50 feet wide. L, select 
foot and volunteers. K, select horse and volun- 
teers. M, extraordinary horse of the allies. N, 
extraordinary foot of the allies. O, reserved foi 
occasional auxiliaries. Q, the street called Quin- 
iana, 50 feet wide. V., P., Via Principalis, 100 feet 
wide. 

N.B. The position assigned to the praefecti soci- 
orum is doubtful. 

The duty of selecting a proper situation for the 
camp (castra metari) devolved upon one of the trib- 
unes and a number of centurions who were speci- 
ally appointed for that purpose, and sent in advance 
whenever the army was about to encamp ; they 
were called metatores, from their office. After fix- 
ing on a proper locality, they then chose and dis- 
tinguished with a white flag a place for the praetori- 
um (A) or general's tent — praetor being the old 
name of the consul. 1 This was fixed, if possible, 
on an elevation, so as to secure an extensive pros 
pect, and afford every convenience for giving orders. 
About it was measured out a square, each side of 
which was 100 feet distant from the white flag, and 
therefore 200 feet in length, so that the whole area 
amounted to four plethra, or 40,000 square feet. 
(Vid. Arura.) The two legions of the consular 
army were arranged on that side of the praetorium 
which commanded the best supply of forage and 
water, and which we may call the front, in the 
following manner : 

Fifty feet distant from the line of the front side 
of the square just mentioned, and parallel to it, were 
arranged the tents (B) of the twelve tribunes of the 
two legions. The intermediate space of fifty feet 
in breadth was appropriated to their horses and 
baggage ; and their tents were arranged at such in- 
tervals one from the other as to cover the line of 
the legions whose encampment they faced. On the 
right and left of, and in the same line with the tents 
of the tribunes, seem to have been placed those of 
the praefecti sociorum (C), covering and fronting 
the flank of the allies, as the former did that of the 
legions. The spaces lying immediately behind the 
tents of the tribunes, to the right and left of the 
praetorium, were occupied by the forum and quaes- 
torium ; the former a sort of market-place, the lat- 
ter appropriated to the quaestor and the camp stores 
under his superintendence. 

On the sides of, and facing the forum and quaesto- 
riUm, were stationed select bodies of horse (K), 
taken from the extraordinaries (kirLXenToc rtiv uizo- 
Xsktuv,) with mounted volunteers, who served out 
of respect to the consul, and were stationed near 
him, not only in the camp, but also on the line of 
march and elsewhere, so that they were always 
ready to do any service for him as well as the 
quaestor. 

Behind, and parallel to these, but facing the sides 
of the camp, were posted similar bodies of foot-sol- 
diers (L). Again, parallel with the line of the 
tribunes' tents, and stretching behind the praetorium, 
the quaestorium, and the forum, ran a street or via 
(D), 100 feet broad, from one side of the camp to 
the other. Along the upper side of this street was 
ranged the main body of the "extraordinary" horse 
(M), parallel to and fronting the line of the tribunes' 
tents : they were separated into two equal parts by 
a street fifty feet broad (E), perpendicular to their 
front, and leading from the praetorium to the higher 
or back gate of the camp, the Porta Decumana. At 
the back of this body of cavalry was posted a simi- 
lar body of infantry (N), selected from the allies, 
and facing the opposite way, i. c, towards the ram- 

1 (Niebuhr, Hist. Rom., i . 520, trans* J 



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PORTA ISCUMAHA. 



part.. v> ! hie camp. The vacant spaces (O) on each 
side ofiiuBJC troops were reserved for " foreigners" 
(aXXopvXot) and occasional auxiliaries. 

The upper part of the camp, which we have just 
described, formed about a third of the whole, the 
remaining two thirds being appropriated to the 
main body of the forces, both legionary and allied, 
whose arrangement we now proceed to explain. 
The lower part of the camp was divided from the 
upper by a street, called the Via Principalis (V. P.), 
] 00 feet broad, running parallel to and in front of 
the tribunes' tents : this was cut at right angles by 
another road (F), 50 feet broad, parallel to the length 
of the camp, and dividing the lower part into two 
equal spaces. On each side of this street (F) were 
ranged the horse of the two legions, the ten turmae 
of each being on different sides, and facing each 
other : the turma consisted of 30 men, and occu- 
pied a square whose side was 100 feet long. At 
the back of these turmae, and facing the contrary 
way, namely, towards the sides of the camp, stood 
the triarii, each maniple corresponding to. a turma, 
and occupying a rectangle 100 feet in length by 50 
in width. These dimensions would, of course, vary 
according to the component parts of the legion. 
Opposite to the two lines of triarii, but separated 
from them by a wide street (G), also 50 feet wide, 
stood the principes ; they were double the triarii in 
number, and had a square, whose side was 100 feet, 
appropriated to each maniple. Behind these again, 
and in close contact with them, stood the ten mani- 
ples of the hastati, with their backs turned the op- 
posite way, having the same space for each maniple 
as the principes As the whole legion was divi- 



ded into thirty maniples of foot, ten of each class, 
the whole arrangement was therefore perfect) > 
symmetrical, the fifty-feet roads of which we have 
spoken commencing from the Via Principalis, and 
terminating in the open space by the ramparts. 
The whole legionary army thus formed a square, 
on each side of which were encamped the allies at 
a distance of 50 feet from the hastati, and present- 
ing a front parallel to theirs. The allied infantry 
was equal in number to that of the legions, the cav- 
alry twice as great : a portion of each (a third part 
of the latter and about a fifth of the former) wa& 
posted as " extraordinaries" in the upper part of the 
camp ; so that, to make the line of the allies coter- 
minous with that of the legion, it was necessary to 
give the former a greater depth of encampment. 
The cavalry of the allies faced the hastati, and the 
infantry at their back fronted the ramparts. The 
several front lines of the legionaries and allies were 
bisected by a road parallel to the Via Principalis, 
and called the Quintana (Q), from its dividing the 
ten maniples into two sets of five each : it was 5<) 
feet in breadth. 

Between the ramparts and the tents was left a 
vacant space of 200 feet on every side, which was 
useful for many purposes : thus it served for the re- 
ception of any booty that was taken, and facilitated 
the entrance and exit of the army. Besides this, it 
was a security against firebrands or missiles that 
might be thrown into the camp, as it placed thp 
tents and the soldiers out of their reach. 

From the description we have given, the reader 
will perceive that the camp was a square in form, 
divided into two parts by the Via Principalis, the 

221 



/AST11A. 



CASTRA. 



<ower portion being cut lengthways by five streets, 
and crossways by one : so that, as Polybius re- 
marks, the whole was not unlike a city, with rows 
>f houses on each side of the streets. 

The arrangements we have explained were adapt- 
ed for a regular consular army ; but in case there 
was a greater number than usual of allies, they had 
assigned to them either the empty space about the 
praetorium, increased by uniting the forum and 
quaestorium, or an additional row of tents on the 
sides of the Roman legions, according as they were 
fresh comers, or had been in the camp from its first 
formation. If four legions or two consular armies 
were united and enclosed by the same ramparts, 
their two camps then formed an oblong rectangle, 
the back of each single camp being turned to the 
other, and joined at the parts where the " extraor- 
dinaries" were posted, so that the whole perimeter 
was three halves of, and the length twice that of, 
the single camp. 

The camp had four gates, one at the top and 
bottom, and one at each of the sides ; the top or 
back gate (ab tergo, or maxime avers a ab hoste 1 ) was 
called the Decuman ; the bottom or the front gate 
was the Praetorian ; the gates of the sides were the 
Porta Principalis Dextra and the Porta Principalis 
Sinistra. The whole camp was surrounded by a 
trench (fossa), generally nine feet deep and twelve 
broad, and a rampart (vallum) made of the earth 
that was thrown up (agger), with stakes (valli) fixed 
at the top of it. The labour of this work was so 
divided that the allies completed the two sides of 
the camp along which they were stationed, and the 
two Roman legions the rest ; the centurions and 
tribunes superintended the work performed by the 
Romans, the praefects of the allies seem to have 
done the same for them. 

We will now speak of the discipline of the camp. 
After choosing the ground (loca capere), the proper 
officers marked, by flags and other signals, the 
principal points and quarters ; so that, as Polybius 
observes, the soldiers, on arriving at the place, pro- 
ceeded to their respective stations like troops en- 
tering a well-known city, and passing through the 
streets to their several quarters. The tribunes then 
met, and administered to all, freemen as well as 
slaves, an oath to the effect " that they would steal 
nothing from the camp, and bring whatever they 
might find to the tribunes." After this, two mani- 
ples were chosen from the principes and hastati of 
each legion, to keep clean and in good order the 
Via Principalis, a place of general resort. The re- 
maining eighteen maniples of the principes and has- 
tati were assigned by lot, three to each of the six 
tribunes, and had to perform for them certain du- 
ties, such as raising their tents, levelling and paving 
the ground about them, and fencing in their bag- 
gage when necessary. These three maniples also 
supplied two regular guards of four men each, part 
of whom were posted in front of the tribunes' tents, 
part at the back by the horses. The triarii and 
velites were exempt from this duty ; but each mani- 
ple of the former had to supply a guard of men to 
the turma of horse that was at their back ; their 
chief duty was to look after the horses, though they 
also attended to other things. Moreover, each of 
the thirty maniples of foot kept guard in turn about 
the consul, both as a protection and a guard of hon- 
our. The general arrangements of the camp were 
under the direction of two of the tribunes, who 
were appointed by lot from each legion, and acted 
for two months. The praefects of the allies took 
their turn of authority in the same way, but, in all 
probability, over their own troops only. 



222 



1. (Veget., i., 23.) 



We may now observe, that every morning at 
daybreak the centurions and horsemen presentee 
themselves to the tribunes. The latter then went 
to the consul and received his orders, which were 
conveyed through the former to the soldiers. The 
watchword for the night, marked on a four-corner- 
ed piece of wood, and therefore called tessera, was 
given out in the following way : A soldier in every 
tenth maniple, posted farthest off from the tribune's 
tent, was exempted from guard duty, and presented 
himself at sunset before the tribune, from whom he 
received the tessera ; he returned with it to his own 
tent, and, in the presence of witnesses, gave it to 
the centurion of number nine ; it was passed on by 
him to the centurion of number eight, and so on, 
till it came back to the tribune. Besides the guards 
(excubia;) of the tribunes, &c, which we have al- 
ready mentioned, there were also several night 
watches (vigilice): thus there were generally thret 
about the quaestorium, and two for each of the lega 
ti ; each division (rdy/Lta) also set a watch for itself. 
The velites were stationed by the walls of the ram- 
part, and supplied the posts or pickets at the gates 
(stationes ante portas agebant). 

We will now describe the arrangements for the 
inspection of the night-watches, first observing that 
the night was divided into four, each of three hours' 
length ; the arrangements were as follows : The 
soldiers of the watch-companies, supplied by the 
different maniples who were to furnish the guards 
during the first watch of the night, received from 
the tribune a number of small tablets (ijvM}<l>ia) with 
certain marks upon them, and then went to their 
respective posts. The duty of visiting these posts, 
and making the nightly rounds of inspection, de- 
volved upon the horsemen. Four of these, who 
were selected for this duty every day, according to 
a regular cycle, received from the tribune written 
instructions as to the time when they were to visit 
each post, and the number of posts to be visite i : 
they were called circuitores (TveptTroAoi), and, in the 
time of Vegetius, circitores. After receiving their 
orders, they went and posted themselves by the 
first maniple of the triarii, the centurion of which 
was required to see that the hours of the watch 
were properly given by the sound of the trumpet : 
then, when the time came, the circuitor of the first 
watch proceeded on his rounds to all the posts ; il 
he found the guards awake and on duty, he took 
their tablets ; if he found them asleep, or any one 
absent from his post, he called upon the frienda 
who accompanied him to witness the fact, and so 
passed on to the next post. The same was done 
by the circuitores of the other watches. The next 
morning, all the inspectors appeared uefore the 
tribunes, and presented the tablets they had re- 
ceived ; any guard whose tablet was not produced, 
was required to account for it. If the fault lay 
with the circuitor, he was liable to a stoning, which 
was generally fatal. A regular system of rewards 
and punishments was established in the camp, after 
describing which, Polybius gives the following com- 
parison between the methods of encampment among 
the Romans and Greeks. 

The latter, he says, endeavoured to avail them- 
selves of the natural advantages afforded by any 
ground they could seize upon, thus avoiding the 
trouble of intrenchment, and securing, as they 
thought, greater safety than any artificial defence 
would have given them. The consequence of this 
was, that they had no regular form of camp, and 
the different divisions of an army had no fixed place 
to occupy. 

In describing the Roman camp and its internal 
arrangements, we have confined ourselves to the in- 
formation given by Polybius, which, of course, ap- 



CATALOGOS. 



CATAPIRATER. 



plies only to his age, and to armies constituted like 
those he witnessed. When the practice of drawing 
up the army according to cohorts, ascribed to Ma- 
rius or Caesar {vid. Army, p. 104), had superseded 
the ancient division into maniples, and the distinc- 
tion of triarii, &c, the internal arrangements of 
the camp must have been changed accordingly. 
So, also, was the outward form ; for we learn from 
Vegetius, who lived in the reign of the Emperor 
Valentinian (A.D. 385), that camps were made 
square, round, or triangular, to suit the nature of 
the ground, and that the most approved form was 
the oblong, with the length one third greater than 
the breadth. 1 He also distinguishes between camps 
made only for a night or on a march, and those 
which were stativa, or built strongly for a station- 
ary encampment. Another author also 8 alludes to 
places in the camp which Polybius does not men- 
tion, e. g., the valetudinarium, or infirmary ; the vet- 
crinarium, or farriery ; the fabrica, or forge ; 3 the 
tabulinum, or record-office. Besides this, we read 
of a great variety of troops under the emperors 
which did not exist under the Republic, and, of 
course, had their respective stations assigned them 
in the camp. 

In closing this article, we will mention some 
pokits, a previous notice of which would have in- 
terrupted the order of description. 

We learn from Tacitus* that a part of the praeto- 
lium was called the augurale, the auguries being 
there taken by the general. 

The quaestorium, in former times, seems to have 
been near the back gate, or Porta Decumana, hence 
called quaestoria. 5 The same author 6 tells us that 
the tribunes formerly inspected {circumibant) the 
night-watches. In the principia, or its immediate 
neighbourhood, was erected the tribunal of the gen- 
eral, fiom which he harangued the soldiers. 7 The 
tribunes administered justice there. 8 The princi- 
pal standards, the altars of the gods, and the ima- 
ges of the emperors, were also placed there. 9 

From the stationary camps, or castra stativa, 
arose many towns in Europe ; 10 in England, espe- 
cially those whose names end in cester or Chester. 
Some of the most perfect of those which can be 
traced in the present day are at Ardoch and Strat- 
hern, in Scotland. Their form is generally oblong. 

The castella of the Romans in England were 
places of very great strength, built for fixed stations. 
Burgh Castle in Suffolk, the ancient Garanomium, 
and Richborough Castle, the Rutupiae of the Ro- 
mans, near Sandwich in Kent, are still standing ; 
they seem to have been built nearly on the model 
of the castra. For information on the Roman sta- 
tions in this country, the reader is referred to Gen- 
eral Roy's Military Antiquities in Great Britain. 

CATAGRAPHA. {Vid. Pictura.) 

CATALO'GIA. {Vid. Analogia.) 

CATALO'GION. {Vid. Caupona.) 

CATAITYX. {Vid. Galea.) 

CATA'LOGOS, the catalogue of those persons in 
Athens who were liable to regular military service. 
At Athens, those persons a"lone who possessed a 
certain amount of property were allowed to serve 
in the regular infantry, while the lower class, the 
thetes, had not this privilege. ( Vid. Census.) Thus 
the former are called ol ek naraXoyov orparevovTEc, 
and the latter ol Ifw tov /caraAoyov. 11 Those who 
were exempted by their age from military service 
are called by Demosthenes 13 ol vrcep tov naTa\oyov. 
It appears to have been the duty of the generals 

1. (Veget., iii., 8.)— 2. (Hyginus, De Castramet.)— 3. (Cic.,Ep. 
ad Fam., iii., 8.)— 4. (Ann., ii., 13; xv., 30.)— 5. (Liv., x., 32; 
xxxiv., 47.)— 6. (xzvifi., 24.)— 7. (Tacit., Ann., i., 67.— Hist., ii., 
20.)— 8. (Liv., xxviii., 24.)— 9. (Tacit., Ann., i., 39 : iv., 2.— 
Hist., 1. c.)— 10. (Casaub. ad Sueton., Octav., 18.)— 11. (Xen., 
Uellen., ii. 3, 20.)— 12. (De Synt., p. 1G7, c. 2.) 



{oTparnyoi) to make out the list of per&.ns liable to 
service (vid. A2TPATEIA2 TPA«i>H), in which duty 
they were probably assisted by the demarchi, and 
sometimes by the (3ov?.evTai. 1 

KATAAT'2Ei22 TOT AHMOT TPA<i>H (Kara- 
?^vaeuc tov 6^/iov ypayf)) was an action brought 
against those persons who had altered, or attempt- 
ed to alter, the democratical form of government at 
Athens. A person was also liable to this action 
who held any public office in the state after the 
democracy had been subverted. 3 'This action is 
closely connected with the irpodoaiac ypatyrj {km 
npodoaia Tf/c ttoXeuc, t/ km KaraXvoei tov dij/xov 3 ), 
with which it appears in some cases to have been 
almost identical. The form of proceeding was the 
same in both cases, namely, by elaayyeXia. In the 
case of KaTaXvoeuc tov dyfiov, the punishment was 
death ; the property of the offender was confiscated 
to the state, and a tenth part dedicated to Athena. 4 

CATAL/USIS. (Vid. Caupona.) 

*CATANANKE {KaTavdynn). " There are few 
plants in the Materia Medica of the ancients," ob- 
serves Adams, " about which there is such a diver 
sity of opinion. It will be sufficient to mention 
that Sprengel, upon the whole, inclines to the opin- 
ion that the first species is the Ornithopus com- 
pressus, and the other the Astragalus magniformis, 
Herit." 

CATAPHRACTA. {Vid. Lorica.) 

CATAPHRA'CTI {tcaTafpatcTot.). This word was 
used in two different significations : 

I. It was the name of the heavy-armed cavalry, 
the horses of which were also covered with defen 
sive armour, 5 whence they are called by Pollux 8 
Trepnre<j>paypevoi. The armour of the horses con- 
sisted either of scale armour, or of plates of metal, 
which had different names, according to the parts 
of the body which they protected. Pollux 7 speaks 
of the TrpofieTomScov, ivapumov, 7tapr/iov, TrpooTepvi- 
diov, 7zapair?i,EvpidLov, 7rapafi7]pldiov, TcapaKV7]fj.idiov. 
Among many of the Eastern nations, who placed 
their chief dependance upon their cavalry, we find 
horses protected in this manner ; but among the 
Romans we do not read of any troops of this de- 
scription till the later times of the Empire, when 
the discipline of the legions was destroyed, and the 
chief dependance began to be placed on the cavaU 
ry. When Postumus leaves Rome for the Eastern 
wars, Galla prays, 

" Neve tua Medce latentxir cade sagittce, 

Ferreus armato neu cataphractus equo."* 

This species of troops was common among the 
Persians from the earliest times, from whom it 
was adopted by their Macedonian conquerors. 9 In 
the army of Cyrus, Xenophonsays 10 that the horses 
were protected by coverings for the forehead and 
chest {7rpo(j.eT0)7udioic. Kai irpoGTepvidioic) ; and the 
same was the case with the army of Artaxerxes, 
when he fought with his younger brother) 11 . Troops 
of this description were called clibanani by the Per- 
sians {cataphracti equites, quos clibanarios dictitant 
Persce 1 *). We first read of cataphracti in the Roman 
army in the time of Constantine. 13 

II. The term Cataphracti was applied to ships 
which had decks, in opposition to aphracti. {Vid. 
Aphractus.) 

CATAPIRA'TER {KaTamipaTrjpia, (3o?uc), the 
lead used in sounding, or fathoming the depth of 
water in navigation. 



1. (Demosth., c. Polycl., p. 1208.)— 2. (Andoc, De Myst., 48.) 
—3. (Demosth., c. Timocr., 748.)— 4. (Andoc, De Myst., 48.)- 
5. (Serv. ad Virg., JEn., xi., 771.)— 6. (Onom., i., 140.)— 7. (1. 
c.)— 8. (Pronert., III., x., 11.)— 9. (Liv., xxxv., 48; xxxvu., 40.) 
—10. (Cyrop., vi.,4,1.)— 11. (Xen., Anab., i.,8, 7.)— 12. (Amm. 
Maiccll.. xvi., 10.— Compare Lamprid., Alex. Sev., 56.)- -13 
(Amm. MarcelL, 1. c.) 



CATARACTA. 



CATENA. 



The mode of employing this instrument appears 
to have undergone no change for more than two 
thousand years, and is described with exactness in 
'he account of St. Paul's voyage and shipwreck at 
Melite. 1 A cylindrical piece of lead was attached 
to a long line, so as to admit of being thrown into 
the water in advance of the vessel, and to sink rap- 
idly to the bottom, the line being marked with knots 
at each fathom to measure the depth. 3 By smear- 
ing the bottom of the lead with, tallow (unctum 3 ), 
specimens of the ground were brought up, showing 
whether it was clay, 4 gravel, or hard rock. 

CATAPUL'TA. (Vid. Tormentum.) 

CATARA'CTA (KarappanTrjc), a portcullis, so 
called, because it fell with great force and a loud 
noise. 

According to Vegetius, 5 it was an additional de- 
fence, suspended by iron rings and ropes before the 
gates of a city, in such a manner that, when the 
enemy had come up to the gates, the portcullis 
might be let down so as to shut them in, and to en- 
able the besieged to assail them from above. In 
1 ** accompanying plan of the principal entrance to 




Pompeii, there are two sideways for foot-passengers, 
and a road between them, fourteen feet wide, for 
carriages. The gates were placed at A, A. turning 
on pivots (vid. Cardo), as is proved by the holes in 
the pavement, which still remain. This end of the 
road was nearest to the town ; in the opposite di- 
rection, the road led into the country. The port- 
•;• illis was at B, B, and was made to slide in grooves 
cut in the walls. The sideways, secured with 
smaller gates, were roofed in, whereas the portion 
of the main road between the gates (A, A) and the 
portcullis (B, B) was open to the sky. When, 
therefore, an attack was made, the assailants were 
either excluded by the portcullis, or, if they forced 
their way into the barbican, and attempted to break 
down the gates, the citizens, surrounding and at- 
tacking them from above, had the greatest possible 
facilities for impeding and destroying them. Vege- 
tius speaks of the " cataracta" as an ancient contri- 
vance ; and it appears to have been employed by 
the Jews at Jerusalem as early as the time of 
David.* 



1. (Act*, x.-Wi., 28.) —2. (Isi^., Org., xix., 4. — Eustath. in 
1., v., ,°96.)— 3 (LucUu. . ap. T sid., 1. c.)— 4. (Herod., ii., 5.)— 
J. (De Re Mu.,i?., •*.)- 6. y^sal. .cxiv., 7, 9. — Compare Jer.,xx., 

2*1 



A sluice constructed in a watercourse, and made 
to rise and fall like a portcullis, was called by its 
name (cataractis aqua cursum temperare 1 ). Rutilius* 
mentions the use of such sluices in salt-works. 
(Vid. Salin^e.) 

The term "cataracta?" was also appliea to those 
natural channels which were obstructed by rocky 
barriers, producing a rapid and violent descent of 
the water, as in the celebrated " cataracts" of the 
Nile. 

*CATARACTES (Karapdnrnc), the name o a 
bird mentioned by Aristotle . 3 Sch neider (who reads 
Kara^paKTr/c) pronounces it, upon the authority of 
CEdmann, to be the Pellecanus bassanus, L., or the 
Gannet. In Scotland it is known by the name of 
the Solan Goose. 4 

KATA2KOITH2 TPA4>H (KaraaKonijg ypatf), an 
action brought against spies at Athens. ( K Av fih 
upa Tvenspl tic fepy vrpiu/ievoc, HTpe6Xovv ypafyovcri 
tovtov d)c KaTuGKe-xov.*) If a spy was discovered, 
he was put to the rack in order to obtain informa- 
tion from him, and afterward put to death. 6 It ap- 
pears that foreigners only were liable to this action, 
since citizens who were guilty of this crime were 
liable to the Tcpodoalac ypaorj. 

CATEN'GYAN (nareyyvav). (Vid. Engye.) 

C ATEGOR1A (naTnyopia). (Vid. Graphe.) 

CATEI'A, a missile used in war by the Germans, 
Gauls, and some of the Italian nations, 7 supposed 
to resemble the Aclis. 8 It probably had its name 
from cutting ; and, if so, the Welsh terms catai, a 
weapon, cateia, to cut or mangle, and catau, to fight, 
are nearly allied to it. 

CATELLA. (Vid. Catena.) 

CATE'NA, dim. CATELLA (ufaxris, dim. te.v- 
(jlov, ahvaidiov), a chain. 

Thucydides 9 informs us that the Plataeans made 
use of "long iron chains" to suspend the beams 
which they let. fall upon the battering-rams of theii 
assailants. ( Vid. Aries.) Under the Romans, pris- 
oners, were chained in the following manner: The 
soldier who was appointed to guard a particular cap- 
tive had the chain fastened to the wrist of his left 
hand, the right remaining at liberty. The prisoner, 
on the contrary, had the chain fastened to the wrist 
of his right hand. Hence dextras insertare catcnis 
means to submit to captivity : 10 leviorem in sinistra 
catenam. 11 The prisoner and the soldier who had 
the care of him (custos) were said to be tied to one 
another (alligati ,- ia latro et colligatus 13 ). Sometimes, 
for greater security, the prisoner was chained to tvro 
soldiers, one on each side of him (akvazci cWt 14 ). 
If he was found guiltless, they broke or cut asun- 
der his chains (TveXeicei dazKoipe ttjv a"X,vci.v n ). In- 
stead of the common materials, iron or bronze, An- 
tony, having got into his power Artavasdes, king of 
the Armenians, paid him the pretended compliment 
of having him bound with chains of gold. 18 

Chains which were of superior value, either on 
account of the material or the workmanship, are 
commonly called catella (akvcia), the diminutive 
expressing their fineness and delicacy as well as 
their minuteness. The specimens of ancient chains 
which we have in bronze lamps, in scales (vid. I..- 
bra), and in ornaments for the person, especially 
necklaces (vid. Monile), show a great variety of el 
egant and ingenious patterns. Besides a plain cir- 

1. (Plin., Epist., x., 69.)— 2. (Itin., i., 481.)— 3. (H. A., ix., 
13.) — 4. (Adams, Append., s. v.) — 5. (Antiphanes, ap. Athen., 
ii., 66, D, where ypnepovat signifies, as it does frequently, "ac- 
cuse.") — 45. (Antiphanes, 1. c. — Demosth., De Cor., 272. — JE? 
chin., c. Ctesiph., 616.— Plut, Vit. dec. Orat., p. 848, A.)— 7. 
(Virg., ^n , vii., 741.— Val. Flacc, vi., 83.— AuL Gell., x., 25., 
— 8. (Serviurf in -<En., 1. c— Isid., Ong., xviii., 7.)— 9. (ii., 76.) 
—10. (Stat., Theb., xii , 460.)— 11. (Seneca, De Tranquill., i.. 
10.)— 12. (Sen., 1. c.)— 33. (Augustine.)— 14. (Acts, xii., 6, 7: 
xxi., 33.)— 15. (Joseph.. Bell. Jud., v., 10.)— 16. (Velleius Pa 
terculus, ii., 82.) 



CATOBLEPAS 



CAUCALIS. 



rie or oval, the separate link is often shaped like the 
figure 8, or is a bar with a circle at each end, or as- 
sumes other forms, some of which are here shown. 
The links are also found so closely entwined, that 
the chain resembles platted wire or thread, like the 
gold chains now manufactured at Venice. This is 
represented in the lowest figure of the woodcut. 




fht'sc valuable chains were sometimes given as 
rewards to the soldiers ;' but they were commonly 
worn by ladies, either on the neck (Trepl rbv rpaxn- 
?.ov aXvGLov 2 ), or round the waist ; 3 and were used 
to suspend pearls, or jewels set in gold, keys, lock- 
ets, and other trinkets. 

CATERVA'RII. (Vid. Gladiatores.) 
CA'THEDRA, a seat ; but the term was more 
particularly applied to the soft seats used by women, 
whereas sella signified a seat common to both sex- 
es (inter femineas cathedras*). The cathedrae were, 
no doubt, of various forms and sizes ; but they usu- 
ally appear to have had backs to them, as is the 
case in the one represented in the annexed wood- 
cut, which is taken from Sir William Hamilton's 
work on Greek vases. On the cathedra is seated a 
bride, who is being fanned by a female slave with a 
♦an made of peacock's feathers. 




VVoiiien were also accustomed to be carried 
anro«ti in these cathedras instead of in Iecticae, 
which practice was sometimes adopted by effemi- 
nate persons of the other sex (sexta cervice feratur 
cathedra 5 ). The word cathedra was also applied to 
th3 chair or pulpit from which lectures were read.* 

♦CATO'BLEPAS (KaTuSMTrac or to kutu pM- 
nov) i <v\d animal dwelling in ^Ethiopia, near the 
aouroos o r the; Nile. Pliny 7 describes it as of mod- 
erate size in every respect except the head, which 
s so heavy that the creature bears it with difficul- 
ty. Hence it holds the head always towards the 
ground ; and from the circumstance of its thus al- 
ways looking downward, it gets the name of Cato- 
ulepas (kutu, " downward," and jSAeirw, " to look"). 
It is well for the human race, it seems, that the an- 
imal has this downcast look, since otherwise it 

1. (Liv., xxxiv , 31.) — 2. (Menander, p. 92, ed. Mein.) — 3. 
vPlm., II. N., xxxiii , 12.)— 4. (Mart., iii., 63 ; iv., 79.— Hor., 
Sal., I., x.. 91 — Propert., IV., v., 37.)— 5. (Juv., Sat., i., 65.— 
Compare ix , 51.)— £. (Juv., Sat., vii., 203.— Mart., i., 77.— 
Compare, on this -/ • e subject, Bottiger, Sabina, i., p. 35. — 
« -hpffer, De Re Vf » , ii., 4.- Ruperti, ad Juv., i., 65.)— 7. (H. 
W . *' ; i 21.) 

F v 



would annihilate them all ; for no one, says Pliny 
can catch its eye without expiring on the spot 
^Elian 1 makes the Catoblepas resemble a bull, but 
with a more fierce and terrible aspect. Its eyes, 
according to him, are red with blood, but are small- 
er than those of an ox, and surmounted by largo 
and elevated eyebrows. Its mane rises on tho 
summit of the head, descends on the forehead, and 
covers the face, giving an additional terror to its 
aspect. It feeds, the same authority informs us, on 
deadly herbs, which render its breath so poisonous, 
that all animals which inhale it, even men them- 
selves, instantly perish. Modern naturalists have 
formed the Genus Catollepas, in one of the species 
of which they place the Gnu, an animal that may 
possibly have given rise to some of these marvel 
lous tales. Indeed, no other creature but the Gnu 
could well give rise to so many singular ideas 
There is none that has an air so extraordinary, and, 
at the same time, so mournful, by reason, principal- 
ly, of its long white eyebrows, and the hair, or, rath • 
er, mane on its snout, a characteristic not found in 
any other species of Antelope. 2 

♦CATOCHI'TIS (KaroxtTvc Ktioc), a species of 
gem or stone found in Corsica, and adhering to the 
hand like gum. It is thought to have been either 
amber, or some variety of bitumen. 3 

CAT'RINOS (K&rpivoc) is a genuine Greek word, 
with an exact and distinct signification, although it 
is found in no lexicon, and only in two authors, viz., 
Mr. Charles Fellows, as quoted in Aratrum, p. 79, 
who gives the figure of the agricultura implement 
which it denoted, with the name written over the 
implement, from a very ancient MS. of Hesiod'3 
Works and Days.* It is doubtful whether the kut- 
ptvoc had a Latin name ; for Pliny 5 describes it by 
a periphrasis : " Purget vomerem subinde stimulus 
cuspidatus rallo." But his remark proves that it 
was used in Italy as well as in Greece, and coin- 
cides with the accompanying representation, from 
a very ancient bronze of an Etruscan ploughman 
driving his yoke of oxen with the Karpivog in his 
hand. 6 




It cannot be doubted that, if the traveller were to 
visit the remote valleys of Greece and Asia Minor 
and take time to study the language and habits ol 
the people, he would find many other curious and 
instructive remains of classical antiquity, which are 
preserved in no other way. 

♦CATUS. (Vid. Felis.) 

*CAU'CALIS, a species of plant mentioned by Di 
oscorides, Galen, and others. The account which 
they give of it answers very well to the characters 
of the Caucalis, L., or Hedge Parsley. Sprengel 
accordingly refers it to the Caucalis maritima, Lam. 
Sibthorp, however, prefers the Tordylium officinale, 
an opinion in which Billerbeck appears to coincide.' 

1. (N. A., vii., 5.)— 2. (Griffith's Cuvier, vol. iv., p. 366.— G 
Cuvier, ad Plin., 1 c }—3. (Plin., H. N., xxxvii., 10— Moore* 
Anc. Mineral., p. 182./-4. (Palaeogr. Gr., p. 9.)— 5. (II. N, 
xviij.. 13, 2.)— 6. (Micali, Italia avanti il Dom. dei Rom., t. L.) 
-■?. (Dioscor., ii., 168.— Galen, De Simpl., vii.— Therphraat 
II. P.. v:'i., 7. — Adams, Append., s. v.) 

225 



CAUPONA. 



CAUSIA. 



♦CAUDA EQUI'NA. (Vid. Hippooris.) 

CA VADIUM. (Vid. House.) 

CAVE A. (Vid. Theatrum.) 

CAUPO'NA was used in two different significa- 
tions : 

2. It signified an inn, where travellers obtained 
food and lodging; in which sense it answered to 
the Greek words iravdoiceiov, narayuyiov, and tcara- 
'kvaig. 

2. It signified a shop where wine and ready-dress- 
ed meat were sold, and thus corresponded to the 
Greek Ka-Krfkzlov. The person who kept a caupona 
was called caapo. 

It has been maintained by many writers that the 
Greeks and Romans had no inns for the accommo- 
dation of persons of any respectability, and that 
their cauponae and iravdoKeZa were mere houses of 
shelter for the lowest classes. That such, howev- 
er, was not the case, an attentive perusal of the 
classical authors will sufficiently show ; though it 
is, at the same time, very evident that their houses 
of public entertainment did not correspond, either 
in size or convenience, to similar places in modern 
times. It is also true that the hospitality of the an- 
cients rendered such houses less necessary than in 
modern times ; but they nevertheless appear to have 
been very numerous in Greece. The public ambas- 
sadors of Athens were sometimes obliged to avail 
themselves of the accommodation of such houses, 1 
as well as private persons. 3 In addition to which, 
it may be remarked, that the great number of festi- 
vals which were celebrated in the different towns 
of Greece, besides the four great national festivals, 
to which persons flocked from all parts of Greece, 
must have required a considerable number of inns 
to accommodate strangers, not only in the places 
where the festivals were celebrated, but also on the 
oads leading to those places. 

Among the Romans, the want of such houses of 
public entertainment would be less felt than among 
the Greeks ; because, during the latter days of the 
Republic and under the emperors, most Romans of 
respectability had friends or connexions in the prin- 
cipal cities of Europe and Asia, who could accom- 
modate them in their own houses. They were, 
however, frequently obliged to have recourse to the 
public inns. 3 

An inn was not only called caupona, but also ta- 
berna, and taberna diversoria,* or simply diversorium 
or deversorium. 

It has been already remarked that caupona also 
signified a place where wine and ready-dressed 
provisions were sold, 5 thus corresponding to the 
Greek aairnXelov. In Greek /ca^Aoc signifies, in 
general, a retail trader, who sold goods in small 
quantities, whence he is sometimes called 7ra/Uy/ca- 
7n?Aof, and his business TtaXiyKd'Krfkzvuv* The 
word Kairijloc, however, is more particularly applied 
to a person who sold ready-dressed provisions, and 
especially wine in small quantities, as plainly ap- 
pears from a passage in Plato. 7 When a retail 
dealer in other commodities is spoken of, the name 
of his trade is usually prefixed ; thus we read of 
TrpodaTOicamjXoc;, 8 bir'kov k&tttjIioc, 9 aoniduv KannXog , 10 
fiit'kLOKa-Krj'X.oq, &c. In these Kairqktia only persons 
of the very lowest class were accustomed to eat 
and drink (kv Kann"kei(^ 6e (payeiv f) ntelv oiidelg ovd' 
av oUirng kmeiKTjg eToXpncre 11 ). 

In Rome itself there were, no doubt, inns to ac- 
commodate strangers ; but these were probably only 

1. (^Eschin., De Fals. Leg., p. 273.)— 2. (Cic, De Div., i., 
27.— Inv., ii., 4.)r-3. (Hor., Epist., I., xi., 12.— Cic, Pro Clu- 
ont., 59.— Phil., ii., 31.)— 4. (Plaut., Menaechm., II., iii., 81.)— 
5. (Mart., i., 57 ; ii., 48.)— 6. (Demosth., c. Dionysodor., p. 
1285 — Aristoph., Plut., 1156. — Pollux, Onom., vii., 12.)— 7. 
(Gorg., c. 156, p. 518.)— 8. (Plutarch, Peric, 24.)— 9. (Aris- 
toph., Pax., 1175.)— 10. (Id ,439.)— 11. (Isocr., Areiop., c. 18.) 
226 



frequented by the lower classes, since all person?! 
in respectable society could easily find accommoda- 
tion in the houses of their friends. There were, 
however, in all parts of the city, numerous houses 
where wine and ready-dressed provisions were sold. 
The houses where persons were allowed to eat and 
drink were usually called popinae, and not cauponae • 
and the keepers of them, popae. They were princi- 
pally frequented by slaves and the lower classes^ 
and were, consequently, only furnished with stoola 
to sit upon instead of couches, whence Martial" 
calls these places sellariolas popinas. This cir- 
cumstance is illustrated by a painting found at Pom- 
peii in a wine-shop, representing a drinking-scene. 
There are four persons sitting on stools round a 
tripod table. The dress of two of the figures is re- 
markable for the hoods, which resemble those of the 
capotes worn by the Italian sailors and fishermen 
of the present day. They use cups made of horn 
instead of glasses, and, from their whole appear- 
ance, evidently belong to the lower orders. Above 
them are different sorts of eatables hung upon a 
row of pegs. 




The thermopolia, which are spoken of in the arti- 
cle Calida, appear to have been the same as the 
popinas. Many of these popinae seem to have been 
little better than the lupanaria or brothels ; whence 
Horace 3 calls them immundas popinas. The wine- 
shop at Pompeii, where the painting described above 
was found, seems to have been a house of this de- 
scription ; for behind the shop there is an inner 
chamber painted with every species of indecency.* 
The ganea, which are sometimes mentioned in con- 
nexion with the popinae, 5 were brothels, whence 
they are often classed with the lustra. 6 Under the 
emperors many attempts were made to regulate the 
popinae, but apparently with little success. Tibe- 
rius forbade all cooked provisions to be sold in these 
shops ; 7 and Claudius commanded them t<3> be si at 
up altogether. 8 They appear, however, to have 
been soon opened again, if they were ever closed ; 
for Nero commanded that nothing should be sold in 
them but different kinds of cooked pulse or vegeta- 
bles ; 9 and an edict to the same effect was also 
published by Vespasian. 10 

All persons who kept inns, or houses of public 
entertainment of any kind, were held in low estima 
tion, both among the Greeks and Romans. 11 They 
appear to have fully deserved the bad reputation 
which they possessed ; for they were accustomed 
to cheat their customers by false weights and meas- 
ures, and by all the means in their power, whence 
Horace calls them perfidos 12 and malignos. 13 
CAUSAE PROBA'TIO. (Vid. Civitas.) 
CAUSIA (navoia), a hat with a broad brim, whictt 
was made of felt, and worn by the Macedonian 

1. (Cic, Pro Mil., 24.)— 2. (v., 70.)— 3. (Sat., II., iv., 62.)— 
4. (Gell's Pompeiana, vol. ii., p. 10.)— 5. (Suet., Tib., 34.)— 6 
(Liv., xxv i., 2.— Cic, Phil., xiii., 11.— Pro Sext., S.)— 7. (Suet , 
Tib., 34.)— 8. (Dion Cass., lx., 6.)— 9. (Suet., Ner., 16.— Dion 
Cass., lxii., 14.)— 10. (Dion Cass., Ixvi., 10.)— 11. (Theophr., 
Char., 6.— Plat., Legg., xi., p. 918, 919.)— 12. (Sat., I., i., 29.)- 
13. (Sat., I., v., 4.— Zell, Die Wirthshftuser d. Altcn.— StorJt- 
nvtM, De Popinis. — Bbcker, Gallus, i., p. 227-236.) 



CAUTIO. 



CEDRUS. 



Kings. 1 Its form is seen in Hie annexed figures, 
which are taken from a fictile vase, and from a 



COUU3j 00f 




medal of Alexander I. of Macedon. The Romans 
adopted it from the Macedonians, 2 and more espe- 
cially the Emperor Caracalla, who used to imitate 
Alexander the Great in his costume. 3 

CAUTIO, CAVE'RE. These words are of fre- 
quent occurrence in the Roman classical writers 
and jurists, and have a great variety of significa- 
tions, according to the matter to which they refer. 
Their general signification is that of security given 
by one person to another, or security which one 
person obtains by the advice or assistance of an- 
other. The general term (cautio) is distributed into 
its species according to the particular kind of the 
security, which may be by satisdatio, by a fidejus- 
sio, and in various other ways. The general sense 
of the word cautio is accordingly modified by its 
adjuncts, as cautio fidejussoria, pigneraticia, or hy- 
pothecaria, and so on. Cautio is used to express 
both the security which a magistratus or a judex 
may require one party to give to another, which ap- 
plies to cases where there is a matter in dispute of 
which a court has already cognizance ; and also the 
security which is a matter of contract between par- 
ties not in litigation. The words cautio and cavere 
are more particularly used in the latter sense. 

If a thing is made a security from one person to 
another, the cautio becomes a matter of pignus or 
of hypotheca ; if the cautio is the engagement of a 
surety on behalf of a principal, it is a cautio fidejus- 
soria.* 

The cautio was most frequently a writing, which 
expressed the object of the parties to it ; accord- 
ingly, the word cautio came to signify both the in- 
strument (chirographum or instrumentum) and the 
object which it was the purpose of the instrument 
so secure. 5 Cicero 6 uses the expression cautio 
zhirographi met. The phrase cavere aliquid alicui 
expressed the fact of one person giving security to 
another as to some particular thing or act. 7 

Ulpian 8 divides the praetoriae stipulationes into 
three species, judiciales, cautionales, communes ; 
and he defines the cautionales to be those which 
are equivalent to an action, and are a good ground 
for a new action, as the stipulationes de legatis, 
tutela, ratam rem habere, and damnum infectum. 
Cautiones then, which were a branch of stipula- 
tiones, were such contracts as would be ground of 
actions. The following examples will explain the 
passage of Ulpian. 

In many cases a heres could not safely pay lega- 
cies, unless the legatee gave security (cautio) to re- 
fund in case the will under which he claimed should 
turn out to be bad. 9 The Cautio Muciana was the 
engagement by which the heres bound himself to 
fulfil the conditions of his testator's will, or to give 
up the inheritance. The heres was also, in some 
cases, bound to give security for the payment of 



1. (Val Max., v., 1, 4.— Paus., ap. Eustath. ad II., ii., 121.)— 
1 (Plaut., Mil. Glor., IV., iv., 42.— Pers., I., iii., 75 — Antip. 
Thcss. in Brunckii Analect., ii., 111.) — 3. (Herodian, IV., viii., 
5.)— 4. (Dig. 37, tit. 6, s. 1, (t 9.)— 5. (Dig. 47, tit. 2, s. 27.)— 6. 
(Ep. ad Fiun., vii., 18.)— 7. (Dig. 29, tit. 2, s. 97.)— 8. (Dig. 46, 
tit. 5.] -J. (Dig. 5, tit. 3, s. 17.) 



legacies, or the legatee was entitled to the Bono- 
rum Possessio. Tutores and curatores were re- 
quired to give security {satisdare) for the due ad 
ministration of the property intrusted to them, un- 
less the tutor was appointed by testament, or unless 
the curator was a curator legitimus. 1 A procura- 
tor who sued in the name of an absent party might 
be required to give security that the absent party 
would consent to be concluded by the act of his 
procurator; 2 this security was a species satisda- 
tionis, included under the genus cautio. 3 In the 
case of damnum infectum, the owner of the land or 
property threatened with the mischief might call for 
security on the person threatening the mischief* 

If a vendor sold a thing, it was usual for him to 
declare that he had a good title to it, and that, if any 
person recovered it from the purchaser by a better 
title, he would make it good to the purchaser ; and 
in some cases the cautio was for double the value 
of the thing. 5 This was, in fact, a warranty. 

The word cautio was also applied to the release 
which a debtor obtained from his creditor on satis- 
fying his demand : in this sense cautio is equiva 
lent to a modern receipt ; it is the debtor's security 
against the same demand being made a second 
time. 6 Thus cavere ab aliquo signifies to obtain 
this kind of security. A person to whom the usus 
fructus of a thing was given might be required to 
give security that he would enjoy and use it prop- 
erly, and not waste it. 7 

Cavere is also applied to express the professional 
advice and assistance of a lawyer to his client for 
his conduct in any legal matter. 8 

The word cavere and its derivatives are also 
used to express the provisions of a law by which 
anything is forbidden or ordered, as in the phrase 
" Cautum est lege, principalibus constitutionibus" &c. 
It is also used to express the words in a will by 
which a testator declares his wish that certain 
things should be done after his death. The prep- 
aration of the instruments of cautio was, of course, 
the business of a lawyer. 

It is unnecessary to particularize farther the spe- 
cies of cautio, as they belong to their several heads 
in the law. 

CE'ADAS or CAI'ADAS {neadac or naiadac) was 
a deep cavern or chasm, like the ftdpadpov at Athens, 
into which the Spartans were accustomed to thrust 
persons condemned to death. 9 

♦CEBLE'PYRIS (Ke6tym>pic), a species of bird, 
mentioned by Aristophanes. It is probably, accord- 
ing to Adams, the Red-pole, or Fringilla Linaria, 
L. 10 

CEDIT DIES. (Vid. Legatom.) 

*CEDRUS (aedpoc and Kedpic), the Cedar, as we 
commonly translate it. According to the best bo- 
tanical writers, however, the iddpog of the Greeks 
and Cedrus of the Romans was a species of Juni- 
per. The Cedar of Lebanon seems to have been 
but little known to the Greek and Roman writers. 
Theophrastus, according to Marty n, appears to 
speak of it in the ninth chapter of the fifth book of 
his History of Plants, where he says that the ce- 
dars grow to a great size in Syria, so large, in fact, 
that three men cannot encompass them. These 
large Syrian trees are probably the Cedars of Leb- 
anon, which Martyn believes Theophrastus had 
only heard of, and which he took to be the same 
with the Lycian cedars, only larger ; for in the 
twelfth chapter of the third book, where he de- 

1. (Gaius, i., 199.)— 2. (Id., iv., 99.)— 3. (Dig. 46, tit. 8, s. 3, 
13, 18, &c)-4. (Cic, Top., 4.— Gaius, iv., 31.— Dig. 43, tit. 8, 
s. 5.)— 5. (Dig. 21, tit. 2, s. 60.)— 6. (Cic, Brat., 5.— Dig. 46, 
tit. 3, s. 89, 94.)— 7. (Dig. 7, tit. 9.)— 8. (Cic, Ep.ad Fam., iii., 
1 ; vii., 6.— Pro Muraena, c 10.)— 9. (Thucyd., i., 134.— Strab . 
viii., p. 367. — Paus., iv., 18, t> 4.— Suidas, s. v. Bdpudpov, KaioMaj, 
Kca'oaf.)— 10. (Aristoph., Aves, 301.— Adams. Append., 8 v.) 

227 



CELLA. 



CENOTAPHIUM. 



scribes the Cedar particularly, he says the leaves 
are like those of Juniper, but more prickly ; and 
adds that the berries are much alike. The cedar 
described by Theophrastus, therefore, cannot, as 
Martyn thinks, be that of Lebanon, which bears 
cones, and not berries. He takes it rather for a 
Rort of Juniper, called Juniperus major bacca rufes- 
cente by Bauhin, Oxycedrus by Parkinson, and Ox- 
ycedrus Phcenicea by Gerard. 1 Dioscorides 2 de- 
scribes two species, of which the first, or large 
Cedar, is referred by Sprengel to the Juniperus Phce- 
nicea, and the smaller to the Juniperus communis. 
Stackhouse, on the other hand, refers the common 
Kedpoc of Theophrastus to the Juniperus Oxycedrus, 
and the nedpig to the Juniperus Sabina, or Savin. 
The Cedar of Lebanon, so celebrated in Scripture, 
is a Pine, and is hence named Pinus Cedrus by 
modern botanists. The nedpic of the medical au- 
thors is, according to Adams, the resin of the Ju- 
niper. Nicander calls it nedpoio anevdic. 3 

*CELASTRUM (nrjlacrpov), a species of plant, 
about which the botanical writers are much divided 
in opinion. Sprengel marks it, in the first edition 
of his R. H. H., as the Ligustrum vulgare, or Privet, 
and in the second as the Ilex Aquifolium, or Holly. 
Stackhouse calls it the Celastrus. Clusius and 
Bauhin are in favour of the Rhamnus alaternus, or 
ever-green Privet, an opinion which Billerbeck also 
espouses, and which probably is the true one.* 

CECRYPH'ALOS (KeicpvQaloc). (Vid. Calan- 

TICA.) 

CE'LERES, according to Livy, 5 were three hun- 
dred Roman knights whom Romulus established as 
a body-guard ; their functions are expressly stated 
by Dionysius of Halicarnassus. 6 There can be 
little doubt but that the celeres, or " horsemen" (like 
the Greek Kiln tec), 1 were the patricians or burghers 
of Rome, the number 300 referring to the number 
of the patrician houses ; " for," as Niebuhr re- 
marks, 8 " since the tribunate of the celeres is said 
to have been a magistracy and a priestly office, it is 
palpably absurd to regard it as the captaincy of a 
body-guard. If the kings had any such body-guard, 
it must assuredly have been formed out of the nu- 
merous clients residing on their demesnes." We 
know that the patrician tribes were identical with 
the six equestrian centuries founded by L. Tarquin- 
ius, 9 and that they were incorporated as such in 
the centuries. 10 It is obvious, therefore, that these 
horsemen, as a class, were the patricians in general, 
so called because they could keep horses or fought 
on horseback, and thus the name is identical with 
the later Latin term equites, and with the Greek 
liTTzijc, L7nr6da/j.0L, iirircdorai. 11 

CELLA. In its primary sense cella means a 
storeroom of any kind : " Ubi quid conditum esse 
volebant, a celando cellam appellarunt. ,ni Of these 
there were various descriptions, which took their 
distinguishing denominations from the articles they 
contained ; and among these the most important 
were : 1. Penuaria or penaria, " ubi penus," 13 where 
all the stores requisite for the daily use and con- 
sumption of the household were kept ; 14 hence it is 
called by Plautus promptuaria. 15 2. Olearia, a re- 
pository for oil, for the peculiar properties of which 
consult Vitruvius, 16 Cato, 17 Palladius, 18 and Colu- 
mella. 19 3. Vinaria, a wine-store, which was situ- 

1. (Martyn, ad Virg., Georg.,ii., 443.)— 2. (i., 106.)— 3. (The- 
ophrast., 1. c. — Celsius, Hierobot., i., p. 82. — Nicand., Ther., 
585. — Adams, Append., s. v.) — 4. (Theophrast., H. P., i., 3, 9 ; 
iii., 3, &c. — Adams, Append., s. v. — Billerbeck, Flora Classica, 
p. 53.)— 5. (i., 15.)— 6. (ii., p. 262, &c.)— 7. (Vid. Virg., JEn., 
xi., 603.)— 8. (Hist. Rom., i., p. 325.)— 9. (Niebuhr, Hist. Rom., 
i., p. 391, &c.)— 10. (Niebuhr, Hist. Rom., i., p. 427.)— 11. ( Vid. 
Herod., v., 77.)— 12. (Varro, De Ling. Lat., v., 162, ed. Muller.) 
—13. (Varro, 1. c.)— 14. (Suet., Octav., c. 6.)— 15. (Amph., I., 
i., 4.)— 16. (vi.,9.)— 17 (De Re Rust., c. 13.)— 18. (i., 20.) — 19. 
ixji., 50.) 



ate at the top of the house. 1 Our expression a 
bring up the wine, the Latin one is bring rioicn.* 
The Romans had no such places as wine cellars, in 
the notion conveyed by our term, that is, undei 
ground cells ; for when the wine had not sufficient 
body to be kept in the cella vinaria, it was put into 
casks or pig skins, which were buried in the ground 
itself. 3 For an account of the cella vinaria, consult 
Pliny,* Vitruvius, 5 and Columella.' 

The slave to whom the charge of these stores 
was intrusted was called ccllarius,'' or promus* or 
condus, " quia promit quod conditum est,"* and 
sometimes promus - condus and procurator pent. 16 
This answers to our butler and housekeeper. 

Any number of small rooms clustered together 
like the cells of a honeycomb 11 were also termed 
cella ; hence the dormitories of slaves and menials 
are called cella,™ and cella familiarica, 13 in distinc- 
tion to a bedchamber, which was cubiculum. Thus 
a sleeping-room at a public house is also termed cel- 
la. z * For the same reason, the dens in a brothel are 
cella. 15 Each female occupied one to herself, 16 over 
which her name was inscribed ; 17 hence cella inscrip- 
ta means a brothel. 18 Cella ostiarii, 19 or janitoris,* 9 
is the porter's lodge. 

In the baths, the cella caldaria, tepidaria, and 
frigidaria were those which contained respectively 
the warm, tepid, and cold bath. {Vid. Baths.) 

The interior of a temple, that is, the part inclu- 
ded within the outside shell, onuoe (see the lower 
woodcut in Ant^e), was also called cella. There 
was sometimes more than one cella within the same 
peristyle or under the same roof ; in which case 
they were either turned back to back, as in the 
Temple of Rome and Venus, built by Hadrian on 
the Via Sacra, the remains of which are still visi- 
ble, or parallel to each other, as in the Temple of 
Jupiter Optimus Maximus in the Capitol. In such 
instances, each cell took the name of the deity 
whose statue it contained, as Cella Jovis, Cella Ju 
nonis, Cella Minervs. (Vid. Capitolium.) 

CELLA'RIUS. (Vid. Cella.) 

*CENCHRIS (Keyxplc), a species of Hawk, an- 
swering to the modern Kestrel, or Falco tinnunculus. 
(Vid. Hierax.) 

♦CENCHROS (Kiyxpoc), I. A species of Grain, 
the same, according to the best authorities, with 
Panicum miliaceum, or Millet. 21 — II. Called also 
Cenchri'nes (Keyxpivvc), a species of Serpent, which 
some confound with the anovriac, but which Gesner 
regards as a different kind. " It is more probable, 
however," says Adams, " that both were mere va- 
rieties of the Coluber berus, or Viper. I may men- 
tion here, moreover, that the C. berus and the C. 
prester are the only venomous serpents which we 
have in Great Britain, and that many naturalists 
hold them to be varieties of the same species."" 

CENOTA'PHIUM. A cenotaph (nevoe and ru- 
<poc ) was an empty or honorary tomb, erected as a 
memorial of a person whose body was buried else- 
where, or not found for burial at all. 

Thus Virgil speaks of a " tumulus inanis" in 
honour of Hector, " Manesque vocabat 

Hectoreum ad tumulum, viridi quern cespite inanem ; 
Et geminas, causam lacrymis, sacraverat aras." 33 

1. (Compare Plin., Epist., ii., 17, with Hor., Carm., III., xxviii , 
7.) — 2. (Hor. ad Amphoram, Carm., HI., xxi., 7 : " Descende, 
Corvino jubente.")— 3. (Plin., H. N., \iv., 27.)— 4. (l.c.)— 5. (i„ 
4, p. 25, ed. Bipont.— Id., vi., 9, p. 179.)— 6. (Colum., i., 6.)— 7. 
(Plaut., Capt., IV., ii., 115.— Senec, Ep., 122 ;— 8. (Colum . 
xii., 3.) — 9. (Compare Horat., Carm., I., ix., 7 ; III., xxi., 8.) — 
10. (Plaut., Pseud., II., ii., 14.)— 11. (Virg., Georg., iv.,164 )— 
12. (Cic, Phil., ii., 27.— Columella, i., 6.)— 13. (Vitruv., vj., 10, 
p. 182.)— 14. (Petron., c. 55 )— 15. (Petron., c. 8.— Juv., Sat., 
vi., 128.)— 16. (Ibid., 122.)— 17. (Seneca, Controv., i., 2.)— 18 
(Mart., xi., 45, 1.)— 19. (Vitruv., vi., 10.— Petron., c. 29.)— 20. 
(Suet., Vitell., c. 16.) — 21. (Theophrast., viii., 9. — Dioscor., ii., 
119.)— 22. (Adams, Append s. v.)— 23. (J3n., iii., 303.- Cmu 
pare Thucyd., ii., 34.) 



CENSORES. 



CEJNSUS 



Uenotaphia were considered as religiosa, and 
therefore divini juris, till a rescript of the emperors 
Antoninus and Verus, the divi fratres, pronounced 
them not to be so. 1 

CENSO'RES, two magistrates of high rank in 
the Roman Republic. They were first created B.C. 
442, and were a remarkable feature in the constitu- 
tion then established. They were elected by the 
curiae and confirmed by the centuries ; and thus 
were not merely elected from, but also by the pa- 
tricians. At first they held their office for five 
years; but Mamercus ./Emilius, the dictator, passed 
a law in B.C. 433, by which the duration of the 
office was limited to 18 months, the election still 
taking place, as before, at intervals of five years, so 
that the office was vacant for three years and a half 
at a time. The censors were always patricians of 
consular rank till B.C. 350, when a plebeian, C. 
Marcius Rutilius, who had also been the first plebe- 
ian dictator, was elected to the office. Subsequently, 
the censors might be, both of them, plebeians, and 
even persons who had not filled the consulship or 
praetorship might he elected to this magistracy ; but 
this was very uncommon, 2 and was put a stop to 
after the second Punic war. The censorship was 
merged in the imperial rank. The duties of the 
censors were, at the first, to register the citizens 
according to their orders,' to take account of the 
property and revenues of the state and of the public 
works, and to keep the land-tax rolls. In fact, they 
constituted an exchequer-chamber and a board of 
works. 3 It was the discretionary power with which 
they were invested that gave them their high dig- 
nity and influence. As they drew up the lists of 
Roman citizens, according to their distribution as 
senators, equites, members of tribes, and aerarians, 
and as their lists were the sole evidence of a man's 
position in the state, it of course rested with them 
to decide all questions relative to a man's political 
rank. And thus we find that, in effect, they could, 
if they saw just cause, strike a senator off* the list, 
deprive an eques of his horse, or degrade a citizen 
to the rank of the aerarians. The offences which 
rendered a man liable to these degradations were, 
ill treatment of his family, extravagance, following 
a degrading profession, or not properly attending to 
his own, or having incurred a judicium turpe* The 
power of the censors even extended to a man's 
property. Every citizen was obliged to give in to 
the censors a minute and detailed account of his 
property, which was taken down in writing by the 
notaries, so that, as Niebuhr says, there must have 
been an enormous quantity of such documents and 
reports in the register-office. 5 But the censors had 
unlimited power in estimating the value or fixing 
the taxable capital : thus cases are known in which 
they rated the taxable value of some articles of 
property, as high-priced slaves, at ten times the 
purchase-money. 6 And they not only did that, but 
even fixed the rate to be levied upon it. The cen- 
sors also managed the farming of the vcctigalia or 
standing revenues, including the state monopoly on 
salt, the price of which was fixed by them. 7 They 
also agreed with contractors for the necessary re- 
pairs of the public buildings and roads. The care 
of the temples, &c, devolved on the praetor urbanus 
when there was no censor ; but there does not ap- 
pear .o be any reason for concluding, with Niebuhr, 8 
that the offices of praetor and censor were ever 
combined. The censor had all the ensigns of con- 
sular dignity except the lictors, and wore a robe 
entirely scarlet. 9 If a censor died in office, he was 




not replaced, and his colleague resigned. 1 A cec 
sor's funeral was always very magnificent.'- (Foi 
farther details with regard to the censors, see Nie- 
buhr, Hist. Rom., ii., p. 324, &c, and Arnold. Hist 
Rom., i., p. 346, &c.) 

CENSUS, or register of persons and property, 
constituted a man's actual claim to the rights oi 
citizenship both in Greece and at Rome. 

I. The Census at Athens seems to date from the 
constitution of Solon. This legislator made four 
classes (TLur}{j.ara, Ttln). 1. Pentacosiomcdimni, or 
those who received 500 measures, dry or liquid, 
from their lands. 2. Knights, who had an income 
of 300 measures. 3. Zeugitce, whose income was 
150 measures. 4. Thetes, or capite censi. The 
word rifiv/ia, as used in the orators, means the val- 
uation of the property; i. e., not the capital itself, 
but the taxable capital. 8 Now if the valuation of 
the income was that given in the distribution of the 
classes just mentioned, it is not difficult to get at 
the valuation of the capital implied. Solon reckon- 
ed the dry measure, or medimnus, at a drachma. 4 
Now it is probable that the income was reckoned 
at a twelfth part of the value of the land, on the 
same principle which originated the unciarium fce- 
nus, or 8^ per cent, at Rome ; 5 if so, the landed prop- 
erty of a pentacosiomedimnus was reckoned at a tal- 
ent, or 12x500=6000 drachmas; that of a knight 
at 12x300=3600 dr. ; and that of a zeugites at 12 X 
150=1800 drachmas. In the first class the whole 
estate was considered as taxable capital ; but in 
the second only •§ ths, or 3000 drachmas ; and in the 
third, fths, or 1000 drachmas ; to which Pollux al- 
ludes when he says, in his blundering way, that the 
first class expended one talent on the public ac- 
count; the second, 30 minas ; the third, 10 minas; 
and the thetes, nothing. In order to settle in what 
class a man should be entered on the register (ano- 
ypafyrj), he returned a valuation of his property, sub- 
ject, perhaps, to the check of a counter-valuation 
(viroTLurjoic). The valuation was made very fre- 
quently ; in some states, every year ; in others, ev- 
ery two or four years. 6 The censors, who kept the 
register at Athens, were probably at first the nau- 
crari, but afterward the demarchs performed the of- 
fice of censor. Although this institution of Solon's 
seems particularly calculated for the imposition of 
the property-tax {eiayopd), Thucydides, 7 speaking 
of the year 428 B.C., says that it was then that the 
Athenians first raised a property-tax of 200 talents. 
It seems, however, that the amount of the tax con- 
stituted its singularity ; for certainly property-taxes 
were common not only in Athens, but in the rest of 
Greece, before the Peloponnesian war, 8 and Anti- 
pho expressly says that he contributed to many of 
them. 9 In the archonship of Nausinicus (Olym. 
100, 3 ; B.C. 378) a new valuation of property took 
place, and classes (avfifiopiai) were introduced ex- 
pressly for the property-taxes. The nature of these 
classes, our knowledge of which principally depends 
on a note of Ulpian, 10 is involved in considerable ob- 
scurity. 11 Thus much, however, may be stated, 
that they consisted of 1200 individuals, 120 from 
each of the ten tribes, who, by way of a sort of lit- 
urgy, advanced the money for others liable to the 
tax, and got it from them by the ordinary legal pro- 
cesses. In a similar manner classes were subse- 
quently formed for the discharge of another and 
more serious liturgy, the trierarchy ; and the strat- 
egi, who nominated the trierarchs, had also to form 

1. (Liv., xxiv., 43.)— 2. (Tacit., Ann., iv., 15 )— 3. (Bockh, 
Pub. Econ. of Athens, ii., p. 270.)— 4. (Plut., Sol., 23.)— 5. (Nie- 
buhr, Hist. Rom., hi., p. 66.)— 6. (Aristot., Pol., v., 8.)— 7. (in , 
19.)— 8. (Thucvd., i., 141.)— 9. (Tetral., i., /?. 12.— Vid. Titt- 
mann, Darstell. d. Griech. Stnatsverf., p. 4].)— 10. (ad De- 
mosth., Olynth., ii., p. 33, E.)— 11. (Vid. the ^discussion in 
Bockh's Public Economy of Athens, ii., p. 2S5-307.) 

22a 



CENTRITE. 



CENTUMVIRI. 



tne symmorias for the property taxes. 1 "What we 
have here said of the census at Athens renders it 
unnecessary to speak of the similar registrations in 
other states of Greece. When the constitution es- 
sentially depended on this distribution according to 
property, it was called a timocracy, or aristocracy 
of property (rifiOKpaTia, utto Ti/j,7]fj.dro)v TcoXiTeia). 

II. The Census at Rome took place every five 
years, and was attended by a general purification, 
whence this period of time got the name of a lus- 
trum. The census was performed in the Campus, 
where the censors sat in their curule chairs, and 
cited the people to appear before them, and give an 
account of their property. When the census was 
finished, one of the censors offered an expiatory 
sacrifice (lustrum condidit) of swine, sheep, and bul- 
locks (hence called suovetaurilia), by which the city 
was supposed to be purified. The census origina- 
ted, like that of Athens, in a distribution of the cit- 
izens into classes at the comitia centuriata, which 
distribution is attributed to Servius Tullius. (Vid. 
Comitium.) But this old constitution was never 
completely established, was very soon overthrown, 
and only gradually and partially restored. There 
was a considerable difference between the modes 
of valuation at Rome and Athens. In the latter 
city, as we have seen, the whole property was val- 
ued ; but the taxable capital seldom amounted to 
more than a part of it, being always much smaller 
in the case of the poorer classes. Whereas at 
Rome only res mancipi were taken into the account, 
estates in the public domains not being returned to 
the censors, 2 and some sorts of property were rated 
at many times their value ; nor was any favour 
shown to the poorer classes when their property, 
however small, came within the limits of taxation. 
The numbers of persons included in the censuses 
which have come down to us, comprehend not only 
the Roman citizens, but also all the persons con- 
nected with Rome in the relation of isopolity ; they 
refer, however, only to those of man's estate, or 
pble to bear arms. 3 

*CENTAUREA or -EUM (tcevravpiov and -ig), 
the herb Centaury, so called from the Centaur Chi- 
ron, who was fabled to have been thereby cured of 
a wound accidentally inflicted by an arrow of Her- 
cules. 4 It was also, from this circumstance, styled 
Chiroriia and Xeipuvog pi£a. 5 There are two kinds 
of Centaury, the greater and the less, which have 
no other similitude than in the bitterness of their 
taste. The less is also called Tapvalov, 6 from its 
loving moist grounds. " It grows wild in England," 
says Martyn, "in many places, and is the best 
known. The greater is cultivated in gardens." 7 
The aevravpiov fiiya is referred by Sprengel and 
Matthiolus to the Centaurea Centaurium, L., and k. 
uiKpov to the Erythrea Centaurium, Pers. Stack- 
house makes the k. of Theophrastus to be the Cen- 
taurea Centaurium* The less is called in Greece, 
at the present day, Qep/ioxoprov. Sibthorp found it 
everywhere in Greece in the level country. 9 

*CENTRISCUS (KevrpccKog), a species of fish 
mentioned by Theophrastus. According to Wil- 
loughby, it was a species of Gasterosteus, called in 
English Stickleback or Barnstackle. 10 

*CENTRITE (KevrplTTi), a species of fish men- 
tioned by iElian, and called Kevrpcvrj by Athenaeus 
and Oppian. It is the Squalus Centrina, in Italian 
Pesce porco. Rondelet says it has some resem- 
blance to a sow, and delights in filth. 11 



1. (Demosth., ad Boeot., p. 997, 1.)— 2. (Niebuhr, Hist. Rom., 
i., p. 446.)— 3. (Vid. Niebuhr, Hist. Rom., ii., p. 76.)— 4. (Plin., 
H. N., xxv., 6.)— 5. (Nicand., Ther., 500.)— 6. (Dioscor., iii., 8, 
9.) — 7. (ad Virg., Georg., iv., 270.)— 8. (Adams, Append., s. v.) 
— 9. (Billerbeck, Flora Classica, p. 52.) — 10. (Adams, Append., 
i v^ — 11. (^Elian. N. A., i., 55 ii 8 — Adams, Append., s. v.) 
230 



*CENTROMYRRH'INE (Kevrpopvfaivn), tne 
Ruscus Aculeatus, common Knee-holly, or Butch- 
er's Broom. The Greek name means " prickly myr- 
tle." Another appellation is Oxymyrsine (b^vfivpal- 
vrj), or " sharp-pointed myrtle." Dioscorides, again, 
describes this same plant under the name of fivpaivrj 
aypia, or "wild myrtle." He says the leaves are 
like those of myrtle, but broader, pointed like a spear, 
and sharp. The fruit is round, growing on the mid- 
dle of the leaf, red when ripe, and having a bony 
kernel. Many stalks rise from the same root, a 
cubit high, bending, hard to break, and full of leaves. 
The root is like that of dog's grass, of a sour taste, 
and bitterish. " The Butcher's Broom is so called," 
observes Martyn, "because our butchers make use 
of it to sweep their stalls. It grows in woods and 
bushy places. In Italy they frequently make brooms 
of it." 1 

CENTU'MVIRI. The origin, constitution, and 
powers of the court of centumviri are exceedingly 
obscure, and it seems almost impossible to combine 
and reconcile the various passages of Roman wri- 
ters, so as to present a satisfactory view of this 
subject. The essay of Hollweg, Ueber die Compen- 
tenz des Centumviralgerichts* and the essay of Ti* 
gerstrom, De Judicibus apud Rumanos, contain all 
the authorities on this matter; but these two es- 
says by no means agree in all their conclusions. 

The centumviri were judices, who resembled oth- 
er judices in this respect, that they decided cases 
under the authority of a magistratus ; but they dif- 
fered from other judices in being a definite body or 
collegium. This collegium seems to have been di- 
vided into four parts, each of which sometimes sat 
by itself. The origin of the court is unknown ; but 
it is certainly prior to the Lex iEbutia, which put 
an end to the legis actiones, except in the matter 
of Damnum Infectum, and in the causa? centumvi- 
rales. 3 According to Festus,* three were chosen 
out of each tribe, and, consequently, the whole num- 
ber out of the 35 tribes would be 105, who in round 
numbers were called the hundred men ; and as 
there were not 35 tribes till 241 B.C., it has been 
sometimes inferred that to this time we must assign 
the origin of the centumviri. But, as it has been 
remarked by Hollweg, we cannot altogether rely on 
the authority of Festus, and the conclusion so drawn 
from his statement is by no means necessary. If 
the centumviri were chosen from the tribes, this 
seems a strong presumption in favour of the high 
antiquity of the court. 

The proceedings in this court, in civil matters, 
were per legis actionem, and by the sacramentum. 
The process here, as in the other judicia privata, 
consisted of two parts, in jure, or before the praetor, 
and in judicio, or before the centumviri. The prae- 
tor, however, did not instruct the centumviri by the 
formula, as in other cases, which is farther explain- 
ed by the fact that the prastor presided in the ju- 
dicia centumviralia. 6 

It seems pretty clear that the powers of the cen- 
tumviri were limited to Rome, or, at any rate, tc 
Italy. Hollweg maintains that their powers were 
also confined to civil matters ; but it is impossible 
to reconcile this opinion with some passages, 6 from 
which it appears that crimina came under their 
cognizance. The substitution of aut for ut in the 
passage of Quintilian, 7 even if supported by good 
MSS., as Hollweg affirms, can hardly be defended. 

The civil matters which came under the cogni- 
zance of this court are not completely ascertained. 

1. fTheophrast., H. P., iii., 17. — Martyn, ad Virg., Georg., ii., 
413.)— 2. (Zeitschrift, &c, v., 358.)— 3. (Gaius, iv., 31.— GelL. 
xvi., 10.)— 4. (s. v. Centumviralia Judicia.) — 5. (Plin., Epist., 
v., 21.)— 6. (Ovid, Tnst., ii., 91.— Phoedr., III., x., 35, &c.)— 7 
(Inst., iv., 1, 57.) 






CENTUMVIKX 



CENTURIO. 



Many of them (though we have no reason for say- 
ing all of them) are enumerated by Cicero in a well- 
known passage. 1 Hollweg mentions that certain 
matters only came under their cognizance, and that 
other matters were not within their cognizance ; 
and, farther, that such matters as were within their 
cognizance were also within the cognizance of a 
single judex. This writer farther asserts that ac- 
tiones in rem, or vindicationes of the old civil law 
(with the exception, however, of actiones praejudici- 
ales or status quaestiones), could alone be brought be- 
fore the centumviri ; and that neither a personal ac- 
tion, one arising from contract or delict, nor a status 
quaestio, is ever mentioned as a causa centumviralis. 
It was the practice to set up a spear in the place 
where the centumviri were sitting, and, accordingly, 
the word hasta, or hasta centumviralis, is sometimes 
used as equivalent to the words judicium centumvi- 
rale. 3 The spear was a symbol of quiritarian own- 
ership : for " a man was considered to have the 
best title to that which he took in war, and, accord- 
ingly, a spear is set up in the centumviralia judicia." 3 
Such was the explanation of the Roman jurists of 
the origin of an ancient custom, from which, it is ar- 
gued, it may at least be inferred, that the centum- 
viri had properly to decide matters relating to qui- 
ritarian ownership, and questions connected there- 
with. 

It has been already said that the matters which 
belonged to the cognizance of the centumviri might 
also be brought before a judex ; but it ss conjec- 
tured by Hollweg that this was not the case till 
after the passing of the iEbutia Lex. He consid- 
ers that the court of the centumviri was established 
in early times, for the special purpose of deciding 
questions of quiritarian ownership j^and the impor- 
tance of such questions is apparent, when we con- 
sider that the Roman citizens were rated accord- 
ing to their quiritarian property ; that on their ra- 
ting depended their class and century, and, conse- 
quently, their share of power in the public assem- 
blies. No private judex could decide on a right 
which might thus indirectly affect the caput of a 
Roman citizen, but only a tribunal elected out of 
all the tribes. Consistently with this hypothesis, 
we find not onty the rei vindicatio within the juris- 
diction of the centumviri, but also the hereditatis 
petitio and actio confessoria. Hollweg is of opin- 
ion that, with the iEbutia Lex, a new epoch in the 
history of the centumviri commences ; the legis ac- 
tiones were abolished, and the formula (vid. Actio) 
was introduced, excepting, however, as to the causa 
centumvirales* The formula is in its nature adapt- 
ed only to personal actions, but it appears that it 
was also adapted by a legal device to vindicationes ; 
and Hollweg attributes this to the iEbutia Lex, by 
which he considers that the twofold process was 
introduced : 1. per legis actionem apud centumvi- 
ros ; 2. per formulam or per sponsionem before a 
judex. Thus two modes of procedure in the case 
of actiones in rem were established, and such ac- 
tions were no longer exclusively within the juris- 
diction of the centumviri. 

Under Augustus, according to Hollweg, the func- 
tions of the centumviri were so far modified, that 
the more important vindicationes were put under the 
cognizance of the centumviri, and the less impor- 
tant were determined per sponsionem and before a 
judex. Under this emperor the court also resumed 
its former dignity and importance 5 

The younger Pliny, who practised in this court, 6 
makes frequent allusions to it in his letters. 



1. (De Orat., i., 38.)— 2. (Suet., Octav., 36.— Quintil., Inst., 
v., 2,$ 1.)— 3. (Gaius, iv., 16.)— 4. (Gaius, iv., 30, 31.— Gell., 
xvi., 10 j— 5. (Dial. De Caus. Corrupt. Eloq., c. 38.)— 6. (Ep 
■i., 14.) 



The foregoing notice is founded on Hollweg s in 
genious essay ; his opinions on some points, how- 
ever, are hardly established by authorities. Those 
who desire to investigate this exceedingly obscure 
matter may compare the two essays cited at the 
head of this article. 

CENTU'RIA. (Vid. Centurio, Comitium.) 

CENTU'RIO, the commander of a company of 
infantry, varying in number with the legion. If 
Festus may be trusted, the earlier form was ccntu- 
rionus, like decurio, decurionus. Quintilian 1 tells us 
that the form chenturio was found on ancient in- 
scriptions, even in his own times. 

The century was a military division, correspond- 
ing to the civil one curia ; the centurio of the one 
answered to the curio of the other. From analogy, 
we are led to conclude that the century originally 
consisted of thirty men, and Niebuhr thinks that 
the influence of this favoured number may be traced 
in the ancient array of the Roman army. In later 
times the legion (not including the velites) was com- 
posed of thirty maniples or sixty centuries : 2 as its 
strength varied from about three to six thousand, 
the numbers of a century would vary in proportion 
from about fifty to a hundred. 

The duties of the centurion were chiefly confined 
to the regulations of his own corps, and the care of 
the watch. 3 He had the power of granting vaca- 
tioncs munerum, remission of service to the private 
soldiers, for a sum of money. The exactions on 
this plea were one cause of the sedition in the army 
of Blaesus, mentioned by Tacitus. 4 The vitis was 
the badge of office with which the centurion pun- 
ished his men. 5 The short tunic, as Quintilian* 
seems to imply, was another mark of distinction : 
he was also known by letters on the crest of the 
helmet. 7 The following woodcut, taken from a bas- 
relief at Rome, represents a centurio with the vitis 
in one of his hands. 




The centurions were usually elected by the mili- 
tary tribunes, 8 subject, probably, to the confirmation 
of the consul. There was a time, according to 
Polybius, 9 when desert was the only path to milita- 
ry rank; but, under the emperors, centurionships 
were given away almost entirely by interest or per- 
sonal friendship. The father in Juvenal 10 awakes 
his son with Vitem posce libello, "petition for the 
rank of centurion ;" and Pliny 11 tells us that he had 
made a similar request for a friend of his cwn, 
" Huic ego ordines impetraveram." 13 Dio Cassius, 18 
when he makes Maecenas advise Augustus to fill up 
the senate, ek tuv an' apxf/c haTovTapxv^ VT(Jv t 
seems to imply that some were appointed to this 

1. (i., 5, 20.)— 2. (Tacit., Ann., i., 32.)— 3. (Tacit., Ann., xv 
30.)^. (Ann., i., 17.)— 5. (Juv., Sat., viii., 247.— Plin., H. N., 
xiv., 1.)— 6. (xi., 139.)— 7. (Veget., ii., 13.)— 8. (Liv., xlii., 34.) 
—9. (vi., 24.)— 10. (Sat., xiv., 193.)— 11. (Epist., vi., 23.)— 12 
(Compare Vejretius, ii., 3.)— 13. (Hi., p. 481, c.) 

231 



CEPHALUS. 



CERASUS 



*ank at once, without previously serving in a lower 
capacity. 

Poly bius, in the fragments of the 6th book, has 
left an accurate account of the election of centuri- 
ons. " From each of the divisions of the legion," 
i. e., hastati, principes, triarii, " they elect ten men 
in order of merit to command in their own division. 
After this, a second election of a like number takes 
place, in all sixty, who are called centurions (ra%i- 
apxoi, i. e., ordinum ductorcs). The centurions of 
the first election usually command the right of the 
maniple ; but if either of the two is absent, the 
whole command of the maniple devolves on the 
other. All of them elect their own uragi (optiones), 
and two standard-bearers for each maniple. 1 He 
who is chosen first of all is admitted to the councils 
of the general (primipilus)." 

From the above passage (which is abridged in the 
translation), it appears that the centurion was first 
chosen from his own division. He might, indeed, 
rise from commanding the left of the maniple to 
command the right, or to a higher maniple, and so 
on, from cohort to cohort, until the first centurion 
of the principes became primipilus ; 2 but it was only 
extraordinary service which could raise him at once 
to the higher rank. Thus Livy, 3 " Hie me imperator 
dignum judicavit, cui primum hastatum prioris centu- 
ries assignaret," i. e., " appointed me to be first cen- 
turion (sc. of the right century) in the first maniple 
of hastati." 

The optiones, according to Festus, were originally 
called accensi : they were the lieutenants of the 
centurion (probably the same with the succenturiones 
of Livy) ; and, according to Vegetius,* his deputies 
during illness or absence. Festus confirms the ac- 
count of Polybius, that the optiones were appointed 
by their centurions, and says that the name was 
given them " ex quo tempore quern velint permissum 
est centurionibus optare." 

The primipilus was the first centurion of the first 
maniple of the triarii, also called " princeps centu- 
rionum," primi pili centurio. 6 He was intrusted 
with the care of the eagle, 6 and had the right of at- 
tending the councils of the general. 

" Ut locuplctem aquilam tibi sexagesimus annus 
Afferat," 

says Juvenal, hyperbolically (for military service 
expired with the fiftieth year), intimating that the 
rewards were large for those who could wait for 
promotion. The primipili who were honourably 
discharged were called primipilares. 

The pay of the centurion was double that of an 
ordinary soldier. In the time of Polybius, 7 the lat- 
ter was about ten denarii, or seven shillings and a 
penny per month, besides food and clothing. Under 
Domitian we find it increased above tenfold. Ca- 
ligula cut down the pensions of retired centurions 
to six thousand sesterces, or 45Z. 17s. 6d., probably 
about one half. 8 

*CEPA. (Vid. Cjepa.) 

♦CEP./EA (i<nirata), a species of plant, which 
Stephens seeks to identify with the Water Purslain, 
but which Sprengel holds to be the same with the 
Scdum Ccpcea, one of the Houseleek tribe. In this 
latter opinion Billerbeck coincides. Some, howev- 
er, have supposed the Cepsea to be the Anagallis 
aquatica ( Veronica anagallis), or Water Speed- 
well. 9 The Cepaca is called Kpo/i/xvov by the mod- 
ern Greeks. 10 

♦CEPHALUS (ntyaloc), the Mullet. Linnaeus 
and several of his successors have confounded all 

1. (Vid. Liv., viii , 8 J— 2. (Veget., ii., 8.)— 3. (xlii., 34.)— 4. 
(ii., 7.)— 5. (Liv. .;,27.)— 6. (Juv., Sat.,xiv., 197.)— 7. (Polyb., 
vi., 37.)— 8. (Suet., Calig., 44.)— 9. (Dioscor., hi., 157.— Alston, 
Mat Med. — Adams, Append., s. v.) — 10. (Billerbeck, Flora 
Class? ca, p 115.) 
"232 



the European mullets under a single species, then 
Mugil Cephalus. According to this view of the 
subject, the ^eAAwv, vrjaric, /uvijivoe, and <pepaioc of 
Athenaeus 1 must have been merely varieties of it 
Cuvier, however, admits several species, placing 
the M. Cephalus, or common Mullet, at the head. 
" The genus Mugil," observes Griffith, " is suppo- 
sed to derive its name from the contraction of two 
Latin words signifying ' very agile' (mulUm agilis). 
The hearing of the common Mullet is very fine, as 
has been noticed by Aristotle. It appears to be of 
a stupid character, a fact which was known in the 
time of Pliny, since that author tells us that there is 
something ludicrous in the disposition of the mul- 
lets, for if they are afraid they conceal their heads, 
and thus imagine that they are entirely withdrawn 
from the observation of their enemies. The an- 
cients had the flesh of the Mullet in great request, 
and the consumption of it is still very considerable 
in most of the countries of Europe. According to 
Athenaeus, those mullets were formerly in very high 
esteem which were taken in the neighbourhood of 
Sinope and Abdera ; while, as Paulus Jovius in- 
forms us, those were very little prized which had 
lived in the salt marsh of Orbitello, in Tuscany, in 
the lagunes of Ferrara and Venice, in those of 
Padua and Chiozzi, and such as came from the 
neighbourhood of Commachio and Ravenna. All 
these places, in fact, are marshy, and the streams by 
which they are watered are brackish, and commu- 
nicate to the fish which they support the odour and 
the flavour of the mud." 2 The ancients believed 
the Mullet to be a very salacious kind of fish, which 
circumstance may, perhaps, have given rise to the 
custom alluded to by Juvenal. 3 

*CEPHEN (fcn<priv), the Drone, or male Bee. The 
opinion that the male bee and drone were identical 
^ras maintained by some of the ancient naturalists 
also, but was not generally received. For a full 
exposition of the ancient opinions on this subject, 
see Aldrovandus.* 

*CEP'PHOS (neirfoc), a species of Bird. Eras- 
mus and others take it for the Gull or Sea-mew ; 
but, as Adams remarks, Aristotle distinguishes be- 
tween it and the "kdpog. It may, however, as the 
latter thinks, have been the species of Gull called 
Dung-hunter, or Larus parasiticus, L. Ray makes 
it the Cataracta cepphus. 5 

*CERACHA'TES (n-npaxavne), an agate of the 
colour of wax (avpoc), mentioned by Pliny. ( Vid: 
Achates.) 

♦CERASTES {Kepaorrjc), the Horned Serpent, so 
called, according to Isidorus, because it has horns 
on its head like those of a ram. Dr. Harris thinks 
that it was a serpent of the viper kind. It is the 
Shephephcn of the Hebrews. " Sprengel," remarks 
Adams, "holds it to be the same as the Haemorrhus, 
referring both to the Coluber Cerastes, L. ; and, 
from the resemblance of the effects produced by the 
sting of the Haemorrhus, and of the Cerastes, as de- 
scribed by Dioscorides, Aetius, and Paulus iEgine- 
ta, I am disposed to adopt this opinion, although 
unsupported by the other authorities." (Vid. Ai 

MORRHUS.) 6 

♦CER'ASUS (Kepaaoc), the Cherry-tree, or Pru~ 
nus Cerasus, L. According to some authorities, 
it derived its name from the city of Cerasus in 
Pontus, where it grew very abundantly ; 7 while 
others make the city to have been called after the 
tree. 8 Luculius, the Roman commander, is said 



1. (vii., c. 77, seqq.)— 2. (Griffith's Cuvier, vol. x., p. 365.)— 3. 
(Sat., x., 317.) — 4 (Adams, Append., s. v.)— 5. (Aristot., II. A. 
viii., 5. — Adams, Append., s. v.) —6. (Isido 1 -. Orig\, xii., 4, 18 
— Harris, Nat. Hist, of Bible, p. 1. — Adams, Append., s. v.) — 5 
(Serv. ad Virg., Georg., ii., 18. — Isidor., Orig., xvii., "" *$.— 
Plin., H. N., xv., 25.)— 8. (Broukhus. ad Propert., i\\. V '4 I 



CERCOPITHECUS. 



CEREVISIA. 



eo have first brought the Cherry-tree into Italy, 1 
and hence the terms cerasus and cerasum (the lat- 
ter signifying the fruit) were introduced into the 
Roman tongue. Servius, indeed, says 2 that cher- 
ries were known before this in Italy ; that they 
were of an inferior quality, and were called coma ; 
and that, subsequently, this name was changed into 
corna-cerasa. Pliny, on the other hand, expressly 
denies that cherries were known in Italy before 
the time of Lucullus. 3 In Greece, however, they 
were known at a much earlier period, having been 
described by Theophrastus* and the Siphnian Di- 
phylus. 5 This latter writer, who is quoted by 
Athenaeus, speaks of cherries as being stomachic, 
though not very nutritive. He makes the very red 
kind, and another called the Milesian, to have been 
the best, and to have been also good diuretics. 
Pliny enumerates various species of cherries, such 
as the Apronian, of a very red colour ; the Luta- 
tian, of a very dark hue ; the round or Caecilian ; 
and the Junian, of an agreeable flavour, but so ten- 
der that they had to be eaten on the spot, not bear- 
ing transportation to any distance from the parent 
tree. The best kind of all, however, were the Du- 
racinian, called in Campania- the Plinian. The 
Cherry-tree could never be acclimated in Egypt. 6 
According to modern travellers, the hills near the 
site of ancient Cerasus are still covered with cher- 
ry-trees, growing wild. 7 

*CERATIA (/ceparm), the Carob-tree, or Ccrato- 
nia siliqua. " Horace," observes Adams, " speaks 
of Carob-nuts as being an inferior kind of food ; 
and so also Juvenal and Persius. It has been con- 
jectured that it was upon Carobs, and not upon Lo- 
custs, that John the Baptist fed in the wilderness. 
This point is discussed with great learning by Olaus 
Celsius, in his Hierobotanicon. To me it appears 
that the generally received opinion is the more 
probable one in this case." 8 

*CERAU'NION (Kepavvtov), a variety of the 
Truffle, or Tuber Cibarium. 9 

♦CERCIS (Kepdc), according to Stackhouse, the 
Judas-tree, or Cercis siliquastrum. Schneider, how- 
ever, rather inclines to the Aspen-tree, or Populus 
tr emula . 1 " 

♦CERCOPITHE'CUS (KepKo^idjjKoc ), a species of 
Monkey, with a long tail, from which circumstance 
the Greek name has originated {nepnoc, " a tail," 
and mdrjKoc, " a monkey"). 11 Pliny describes the 
animal as having a black head, a hairy covering re- 
sembling that of an ass, and a cry different from 
that of other apes. Hardouin refers it to the Mar- 
mot, but this is very improbable. Cuvier 12 states, 
that among the monkeys in India there are some 
with long tails, grayish hair, and the face black ; as, 
for example, the Simia entellus and the Simla f an- 
nus. None, however, are found, according to him, 
in this same country with grayish hair, and the 
whole head black. 13 On the other hand, Wilkin- 
son 14 states that Pliny's description of the Cerco- 
pithecus, with a black head, accords with one spe- 
cies of monkey still found in Ethiopia. The Cer- 
copithecus was worshipped, according to Juvenal, 15 
in Thebes, the old Egyptian capital, and, as Wilkin- 
son states, would seem to have been embalmed, not 
only in that city, but also in other places in Egypt. 
It was frequently represented as an ornament in 
necklaces, in common with other animals, flow- 
ers, and fanciful devices ; and the neck of a bot- 

1. (Isid., 1. c— Serv., 1. c— Plin., 1. c.)— 2. (1. c.)— 3. (1. c^ 
—4. (H. P., iii., 15.) — 5. (ap. Athcn., ii., p. 51, a.) — 6. (Plii , 
L c.) — 7. (Tournefort, Voyage du Levant, vol. iii., p. 65.)— 8. 
(Dioscor., i., 158.— Horst., Epist., II., i., 123.— Juv., Sat., xi., 59. 
— Pers., Sat., iii., 55. — Adarns, Append., s. v.) — 9. (Theophr., K. 
P.,i,9.)-10. (Theophr., H. P., iii., 14.)— 11. (II. N., vm., 21.) 
— 12 tad Plin., 1. e.)— 13. (Cuvier, 1. o.)— 14. (Manners and Cus- 
loiiia of rh" R "\-[ tia.s, voi. v., p. 132 ) — 15. (Sat., xv., 4.) 
G « 



tie was sometimes decorated with two sitting mo* 
keys. 

CEREA'LIA. This name was given to a festi- 
val celebrated at Rome in honour of Ceres, whose 
wanderings in search of her lost daughter Proser 
pine were represented by women, clothed in white, 
running about with lighted torches. 1 During its 
continuance, games were celebrated in the Circus 
Maximus, 2 the spectators of which appeared in 
white ; 3 but on any occasion of public mourning, 
the games and festivals were not celebrated at all, 
as the matrons could not appear at them except in 
white.* The day of the Cerealia -is doubtful ; 
some think it was the ides, or 13th of April ; others 
the 7th of the same month. 6 

CEREVI'SIA, CERVFSIA (&doc), ale or beer, 
was almost or altogether unknown to the ancient, 
as it is to the modern, inhabitants of Greece and 
Italy. But it was used very generally by the sur- 
rounding nations, whose soil and climate were less 
favourable to the growth of vines (in Gallia, aliisque 
provinciis 6 ). According to Herodotus, 7 the Egyp- 
tians commonly drank "barley-wine," to which 
custom iEschylus alludes (etc npiduv fiedv : 8 Pelusi- 
aci pocula zythi 9 ). Diodorus Siculus 10 says that 
the Egyptian beer was nearly equal to wine in 
strength and flavour. The Iberians, the Thracians, 
and the people in the north of Asia Minor, instead 
of drinking their ale or beer out of cups, placed it 
before them in a large bowl or vase (icpaTfjp), which 
was sometimes of gold or silver. This being full 
to the brim with the grains as well as the ferment- 
ed liquor, the guests, when they pledged one anoth- 
er, drank together out of the same bowl by stooping 
down to it ; although, when this token of friendship 
was not intended, they adopted the more refined 
method of sucking up the fluid through tubes of 
cane. 11 The Suevi, and other northern nations, 
offered to their gods libations of beer, and expected 
that to drink it in the presence of Odin would be 
among the delights of Valhalla. 12 Bpvrov, one of 
the names for beer, 13 seems to be an ancient passive 
participle, from the root signifying to brew. 

*"For an account of the ancient Ales," says 
Adams, " consult Zosimus Panopolita, de Zythorum 
confcctione (Salisbech, 1814, ed. Gruner). The word 
&doe is derived from few, ferveo. Ale is called 
olvoc Kpidivoc and olvoc en npidtiv by Herodotus 
and Athenaeus ; irlvov by Aristotle ; fipvrov by 
Theophrastus, iEschylus, Sophocles, &c. ; <povnac 
by Symeon Seth ; but its first and most ancient 
name was C,vdoc or (vdtov. Various kinds of Ale 
are mentioned by ancient authors : 1. The Zythus 
Hordcaceus, or Ale from barley ; of which the ntvov, 
fipvrov, the Curmi, Curma, Corma, and Curmon, 
mentioned by Sulpicius and Dioscoridee ; the Cerc- 
visia, a term of Celtic origin, applied to an ale used 
by the Gauls (compare the Welsh crw) ; the dovnac 
of Seth ; the Alfoca and Fuca of the Arabs, noticed 
by Symeon Seth, Rhases, and Haly Abbas, are only 
varieties. — 2. The Zythus triticeus, or Ale from 
wheat. To this belong the Ccelia or Ccria of Pliny, 
Florus, and Orosius, and the Corma of Athenaeus. 14 
— 3. The Zythus succedaneus, prepared from grain oi 
all kinds, oats, millet, rice, panic, and spelt ; also 
from services 15 — 4. The Zythus Dizythium, or Dou 
ble Beer, called by Symeon Seth <f>ovKae avv aprv- 



1. (Ovid, Fast., iv., 494.)— 2. (Tacit., Ann., xv., 53.)— 3. (Ovid, 
Fast., iv., 620.)— 4. (Liv., xxii., 56 ; xxxiv.,6.)— 5. (Ovid, Fast., 
iv., 389.)— 8. (Plin., II. N., xxii., 82.— Theophrast., De Caus 
Plant., vi.,11.— Diod. Sic, iv.,2; v., 26.— Strab., XVII., ii.,5.— 
Tacit., Germ., 23.)— 7. (ii., 77.)— 8 (Suppl 954.^—9. (Colum., 
x., 116.)— 10. (i., 20, 34.)— 11. (Archil., Frag-., p. 67, ed. Lie- 
bel— Xeu., Anab., iv., 5, 26.— Athenitus, i., 25.— Virg., Georg. 
iii., 380.— Servius, ad loc.)— 12. (Keysler, Antiq. Septent., p 
150-156.)— 13. (Archil., 1. c— Hellanicus, p. yi, ed. Sturtz.— 
Athemeus, x„ 67.)— 14. (iv., 36, 3.)— 15. (Virg., Georg , i»i 
380.) 



CERUCMI. 



CESTUS. 



uiiai (Phucas compositus). This was a stronger kind 
of Ale, the composition of which is unknown. It 
does not appear that the ancients were acquainted 
with the use of hops (humulus lupulus) in the com- 
position of tneir ales." 1 

*CERINTHA or -E (unpivdy), a plant, which 
Stackhouse and Sprengel agree in identifying with 
the Honey-wort, or Cerinthe aspera. Virgil speaks 
of it as " Cerinthce ignobile gramen" 2 which Mar- 
tyn explains by saying that it grows common in 
Italy. It is, in fact, met everywhere in Italy 
and Sicily. Philargyrius says it derives its name 
from Cerinthus, a city of Bceotia, where it grew, in 
ancient times, in great plenty ; the better deriva- 
tion, however, is that which deduces it from nnpiov, 
•' a honey-comb," because the flower abounds with 
a sweet juice like honey. The bees were very fond 
of it. 3 It must not be confounded, however, with 
the nrjpLvdoc or kpiddtcTi mentioned by Aristotle, 
which is nothing more than bees' -bread,, being com- 
posed of the pollen of vegetables kneaded with 
honey. Botanical writers speak of two kinds of 
Cerintha, the Greater and the Less, the latter of 
which is the rnteyiov of Dioscorides. Sibthorp 
found this in Greece in the cultivated grounds, and 
particularly among the vines in the spring, accord- 
ing in this with the account given by Dioscorides.* 

CE'RNERE HEREDITA'TEM. (Vid. Heres.) 

CERO'MA (nr/popa) was the oil mixed with wax 
(Kvpoc) with which wrestlers were anointed. After 
they had been anointed with this oil, they were 
covered with dust or a soft sand ; whence Seneca 8 
says, " A ceromate nos haphe (d^j?) excepit in crypta 
Neapolitana." 

Ceroma also signified the place where wrestlers 
were anointed (the elaothesium 6 ), and also, in later 
times, the place where they wrestled. This word 
is often used in connexion with palcestra, 1 but we do 
not know in what respect these places differed. 
Seneca 9 speaks of the ceroma as a place which the 
idle were accustomed to frequent, in order to see the 
gymnastic sports of boys (qui in ceromate spectator 
puerorum. rixantium sedet). Arnobius 9 informs us that 
the ceroma was under the protection of Mercury. 

CERTA'MINA. (Fid. Athlete.) 

CERTI, INCERTI ACTIO, is a name which has 
been given by some modern writers, perhaps with- 
out good reason, to those actions in which a deter- 
minate or indeterminate sum, as the case may be, 
is mentioned in the formula (condemnatio certce pe- 
tunia vel incertce 10 ). 

CERYKEION (icnpvKEiov). (Vid. Caduceus.) 

CERU'CHI (ttepovxot), the ropes which supported 
the yard of a ship, passing from it to the top of the 




1. (Adams, Append., s. v.) — 2. (Georg., iv., 63.) — 3. (Martyn 
Jul Vir°-., 1. c.) — 4. (Billerbeck, Flora Classica, p. 40.)— 5. (Ep., 
57.)_6. (Vitruv., v., 11.)— 7. (Plin., H. N., xxxv., 2.)— 8. (De 
T3rev. Vit, 12.)— 9. (Adv. Gent., iii., 23.)— 10. (Gaius, iv., 49, 
dec.) 

23 



mast. The woodcut, p. 62, shows a vessel with 
two ceruchi. In other ancient monuments we see 
four, as in the annexed woodcut, taken from one of 
the pictures in the MS. of Virgil, which was given 
by Fulvius Ursinus to the Vatican library. (Vid 
Antenna, Carchesium.) 

*CERVUS, the Stag. (Vid. Elaphus.) 
*CERUSSA (i>i[ivdLov), White Lead, or Plumbi 
sub-carbonas. The ancient Ceruse, like the mod- 
ern, was prepared by exposing lead to the vapours 
of vinegar. The ancient process is minutely de- 
scribed by Theophrastus .- 1 " Lead is placed in 
earthen vessels over sharp vinegar, and after it has 
acquired a sort of rust of some thickness, which it 
commonly does in ten days, they open the vessels, 
and scrape from it a kind of mould. They then 
place the lead over the vinegar again, repeating 
again and again the same method of scraping it till 
it is wholly dissolved. What has been scraped off 
they then beat to powder and boil for a long time ; 
and what at last subsides to the bottom of the ves- 
sel is the ceruse." Similar processes are described 
by Dioscorides and Vitruvius. " The substance 
spoken of by Pliny," remarks Dr. Moore, " as a 
native ceruse, found at Smyrna on the farm of 
Theodotus, appears to have been that greenish 
earth mentioned by Vitruvius as occurring in many 
places, but the best near Smyrna and called by the 
Greeks deodonov, from the name of the person, 
Theodotus, upon whose farm it was first discovered. 
From the fact that this greenish earth was regarded 
as a sort of ceruse, we might infer that the ceruse of 
the ancients was not always of a very pure white." 8 
♦CE'RYLUS (nripv'koc), a species of Bird ; the 
same, according to Suidas and Tzetzes, 3 with the 
male King-fisher. iElian and Moschus, however, 
as Adams remarks, appear to consider it a different 
bird. Gesner and Schneider are undecided.* 
CERYX (K7)pv%). (Vid. Caduceus, Fetialis.) 
*CERYX (KTjpvZ), "A genus of Testacea, now 
placed," remarks Adams, " in the Mollusca by nat- 
uralists. It is the Murex of the older authorities. 
The two principal species are the Buccinum and 
Purpura, which Sprengel refers to the Buccinum 
harpa, L., and B. lapillus. Dr. Coray remarks, that 
the Greek writers often make no distinction be- 
tween the KripvZ and the nopfvpa, but modern natu- 
ralists distinguish between the Murex and the Pur- 
pura." (Vid. Murex.) 5 

CE'SSIO BONO'RUM. (Vid. Bonorum Cessio.) 
CE'SSIO IN JURE. (Vid. In Jure Cessio.) 
CESTIUS PONS. (Vid. Bridge, p. 174.) 
*CESTRUM (Ktarpov), I. a species of Betony. 
Sprengel, in his R. H. H., was inclined to make it 
the Betonica officinalis ; but in his edition of Dios- 
corides he adopts the opinion of Dalechamp, who 
proposed the Betonica alopecurus. Dioscorides de- 
scribes it as growing in very cold places, and Sib- 
thorp accordingly found the B. alopecurus growing 
plentifully on Parnassus, one of the coldest regions 
of Livadia. 6 — II. (Vid. Pictura.) 

CESTUS was used in two significations : 
I. Gestus signified the thongs or bands of leather 
which were tied round the hands of boxers in order 
to render their blows more powerful. These bands 
of leather, which were called iuuvtec, or Ifiavrrts 
ttvktlkoI, in Greek, were also frequently tied round 
the arm as high as the elbow, as is shown in the 
following statue of a boxer, the original of which 
is in the Louvre at Paris. 7 

The cestus was used by boxers from the earliest 
times. When E peius and Euryalus, in the Iliad* 

1. (De Lapid., 101.)— 2. (Anc. Mineral., 69.)-- 3. (ad Ly 
cophr., 749.)— 4. (Adams, Append., s. v.)— 5. (Aristot., H. A 
iv., 2; v., 10.— Adams, Append., s. v.)— 6. (Dioscor., iv., 1. - 
Adams, Append., s. v.)— 7. ( Vid. Clarac, Musee d. Sculpt. Anl 
et Mod., vol. iii., pi. 327, n. 2042.)— 8. (xxiii., 684.) 



CESTUS. 



CETR \. 




prepare themselves for boxing, they put on their 
hands thongs made of ox-hide (ifiavrag evtutjtovs 
0odg aypavAoto) ; but it should be recollected that 
the cestus, in heroic times, appears to have con- 
sisted merely of thongs of leather, and differed ma- 
terially from the frightful weapons, loaded with lead 
and iron, which were used in later times. The dif- 
ferent kinds of cestus were called by the Greeks in 
later times fietXlxat, crrelpai fioeicu, a<fxupai, and 
ftvpfiTjKeg : of which the fieikixai gave the softest 
blows, and the (ivpuTjuec the most severe. The 
fiei?uxac, which were the most ancient, are described 
by Pausanias 1 as made of raw ox-hide cut into thin 
pieces, and joined in an ancient manner ; they were 
tied under the hollow or palm of the hand, leaving 
the fingers uncovered. The athletae in the palaes- 
trae at Olympia used the peL\ix aL m practising for 
the public games {'i/iuvtuv r€>v //a/la/cwrepwv 2 ) ; but 
in the games themselves they used those which 
gave the severest blows. 

The cestus used in later times in the public 
games was, as has been already remarked, a most 
formidable weapon. It was frequently covered with 
knots and nails, and loaded with lead and iron ; 
whence Virgil, 3 in speaking of it, says, 

" Ingentia sept em 
Terga bourn plumbo insuto ferroque rigebant." 
Statius* also speaks of nigrantia plumbo tegmina. 
Such weapons, in the hands of a trained boxer, 
must have frequently occasioned death. The pvp- 
{i7]Kec were, in fact, sometimes called yvioropot, or 
"limb-breakers." Lucilius 5 speaks of a boxer 
whose head had been so battered by the fivpfirjKeg 
as to resemble a sieve. 

Figures with the cestus frequently occur in an- 
cient monuments. They appear to have been of 
various forms, as appears by the following speci- 
mens, taken from ancient monuments, of which 
drawings are given by Fabretti. 6 




II. Cestus also signified a band or tie of anv 
kind ;* but the term was more particularly applied 
to the zone or girdle of Venus, on which was repre- 
sented everything that could awaken love. 3 When 
Juno wished to win the affections of Jupiter, she 
borrowed this cestus from Venus ; 3 and Venus her- 
self employed it to captivate Mars.* 

The scholiast on Statius 6 says that the cestus 
was also the name of the marriage-girdle, which 
was given by the newly-married wife to her hus- 
band ; whence unlawful marriages were called in- 
cestcp.. This statement is confirmed by an inscrip- 
tion quoted by Pitiscus, 6 in which a matrona dedi- 
cates her cestus to Venus. 

*CETE {nrjTTj), a plural term of the neuter gen- 
der, of Greek origin, and applied generally to any 
very large kind of fishes. Adams, in his remarks 
upon the word Kfjrog, observes as follows : "This 
term is applied in a very general sense to all fishes 
of a very large size, such as the Whale, the Bal- 
ance-fish, the Dolphin, the Porpoise, the great Tun- 
nies, all sorts of Sharks, and also the Crocodile, the 
Hippopotamus, and some others which cannot be 
satisfactorily determined. It is deserving of remark 
in this place, that, although the ancients ranked the 
Cetacea with Fishes, they were aware that Whales, 
Seals, Dolphins, and some others are viviparous, 
and respire air like the Mammalia. With regard 
to the Tjyefiuv tuv kvtuv, which is described in a 
very graphic style by Oppian, the most probable 
opinion is that it was the Gasterosleus ductor, L., 
or Pilot-fish." 7 

CETRA or (LETRA (Kairpea*), a target, i. e., 
a small round shield, made of the hide of a quadru- 
ped. 9 It formed part of the defensive armour of 
the Osci. 10 (Vid. Aclis.) It was also worn by the 
people of Spain and Mauritania. 11 By the latter 
people it was sometimes made from the skin of the 
elephant. 12 From these accounts, and from the dis- 
tinct assertion of Tacitus 13 that it was used by the 
Britons, we may with confidence identify the cctra 
with the target of the Scottish Highlanders, of which 
many specimens of considerable antiquity are still 
in existence. It is seen " covering the left arms" 14 
of the two accompanying figures, which are copied 
from a MS. of Prudentius, probably written in this 
country, and as early as the ninth century. 15 





1 (viii., 40, t> 3.)— 2. (PauF., vi., 23, $ 3.)— 3. 
-4. (Theb., vi., 732.)— 5. (Anth.. xi., 78, vol. 
. ic.)— 6. (De Column. Traj., p. 261.) 



(.En., v., 405.) 
ii., p. 344, ed. 



It does not appear that the Romans ever woic 
the cetra. But Livy compares it to the pelta of the 
Greeks and Macedonians, which was also a small 
light shield (cetratos, quos peltastas vocant 16 ). 

1. (Varro, De Re Rust., i. 8.)— 2. (II., xiv., 214.— Val. Flacc, 
vi., 470.)— 3. (II., 1. c.)— 4. (Mart., vj., 13; xiv., 206, 207.)— 5 
(Theb., ii., 283 ; v., 63.)— 6. (s. v. Cestns.)— 7. (Galen, De 
Alim. Facult.— JElian. N. A.,ix.,49 ; ii , 13.— Adams, Append., 
s. v.)— 8. (Hesych.)— 9. (Isid., Orig., xviii., 12.— Q. Curtius.m, 
4.— Varro, ap. Nonium.)— 10. (Virg., JSn.,vii.,732.)— 11. (Isid., 
1. c— Servius in Virg., 1. c — Caes., Bel). Civ., i., 39.)— 12 
(Strab., xvii., 3, 7.)— 13. (Agnc, 36.)— 14. (Virgil, 1. c.)— 15 
(Cod. Cotton. Cleop., c. 8.)— 16. (xxxi., 36.) 

2*^ 



CHALCIDICUM. 



CHALCiS. 



*CHALB'ANE (xaTiBdvn) appears to have been 
the well-known Gum-resin, which exudes from the 
Buhon Galbanum. Pliny, in describing it, says, 
" Quod maxime laudant, cartilaginosum, purum, ad 
svmilitudinem Hammoniaci." 1 In the Edinburgh 
Dispensary it is said that " Galbanum agrees in 
virtue with gum Ammoniacum." Hence Adams 
concludes that the ancient Galbanum was identical 
with the modern. 2 

*CHALCANTHUS ( X dlKav6oc), according to 
Pliny, 3 the same with the " Atramentum sutorium^ 
of the Romans, so called because used to blacken 
leather. The account of the Roman writer is as 
follows : " Grceci cognationem ar'is nomine fccerunt 
et atramento sutorio, appellant enim Chalcanthum. 
Color est c&ruleus perquam spectabili nitore, vitrum- 
que esse creditur." From this language of Pliny 
there can be no doubt that Hardouin was correct in 
making it to be Copperas, or Blue Vitriol (chalcan- 
thus, i. e., flos <zris). " Yet," continues Adams, 
" both Sprengel, in his edition of Dioscorides, 4 and 
Dr. Milligan, in his Annotations on Celsus, call it 
a natural solution of sulphate of copper in water. 
The quotation from Pliny proves that it was a vit- 
riol, the word vitriol being, in fact, formed from 
vitrum. And, farther, Dioscorides' description of 
its formation agrees very well with Jameson's ac- 
count of the origin of copperas. The ancients, 
however, as Dr. Hill states, were also acquainted 
with a factitious vitriol, which they called Pactum 
and Ephthum, obtained by boiling some of the vit- 
riolic ores in water." 5 

CHALKETA (xalKsla), a very ancient festival cel- 
ebrated at Athens, which at different times seems 
to have had a different character, for at first it was 
solemnized in honour of Athena, surnamed Ergane, 
and by the whole people of Athens, whence it was 
railed 'Ad^vaLa or Iidv5rip.og. % At a later period, 
however, it w T as celebrated only by artisans, espe- 
cially smiths, and in honour of Hephaestus, whence 
its name was changed into XalKela. 7 It was held 
on the 30th day of the month of Pyanepsion. 8 Me- 
nander had written a comedy called XalKeta, a 
fragment of which is preserved in Athenseus. 9 

CHALCFDICUM. A variety of meanings have 
been attached to this word, which is not of unfre- 
quent occurrence in inscriptions, and in the Greek 
and Latin writers. 10 

The meager epitome of Festus informs us merely 
that it was a sort of edifice (genus cedificii), so call- 
ed from the city of Chalcis, but what sort is not 
explained ; neither do the inscriptions or passages 
cited below give any description from which a con- 
clusion respecting the form, use, and locality of such 
buildings can be positively affirmed. 

Chalcidica were certainly appurtenances to some 
basilica, 11 in reference to which the following at- 
tempts at identification have been suggested : 1. A 
mint attached to the basilica, from x a ^ K oc and 6lkt], 
which, though an ingenious conjecture, is not sup- 
ported by sufficient classical authority. 2. That 
part of a basilica which lies across the front of the 
tribune, corresponding to the nave in a modern 
church, of which it was the original, where the 
lawyers stood, and thence termed navis cuusidica. 12 
3. An apartment thrown out at the back of a basili- 
ca, either on the ground-floor or at the extremity 



]. (H. N., xii., 25.)— 2. (Adams, Append., s. v.)— 3. (II. N., 
xxxiv., 32.) — 4. (v., 114.) — 5. (Adams, Append., s. v.)— 6. (Sui- 
das, s. v.— Etymol. Magn. — Eustath. ad II., ii., p. 284, 36.)— 7. 
(Pollux, vii., 105.) — 8. (Suidas. — Harpocrat. — Eustath., 1. c.) — 
9. (xii, p. 502.)— 10. (Inscrip. ap. Grut., p. 232.— Ap. Mcratori, 
p. 409, 480.— Dion Gass., Ii., 22.— Hygin., Fab., 184.— Auson., 
Perioch. Odyss., xxiii. — Arnob., Advers. Gent., iii., p. 105, 149. 
— Vitruv., v., 1, ed. Bipont. — Festus, s. v.) — 11. (Vitruv., 1. c.) — 
12 (Barbar. and Philan/ , ad Vitruv., 1. c. — Donat., De Urb. 
Rom., iv., 2.) 

236 



of the upper gallery, in the form of a balcony. 1 
Internal chambers on each side of the tribune to; 
the convenience of the judices, as in the basilica of 
Pompeii. (Vid. Basilica, p. 141. ) 2 5. The vesti- 
bule of a basilica, either in front or rear ; which in- 
terpretation is founded upon an inscription discov- 
ered at Pompeii, in the building appropriated to the 
fullers of cloth (fullonica) : 
Eumachia. L. F. Sacerd. Pub. * * * * 
****** Chalcidicum: Cryptam Porticus 
* * * Sua. Pequnia. fecit, eademque. dedicavit. 
By comparing the plan of the building with this 
inscription, it is clear that the chalcidicum men- 
tioned can only be referred to the vestibule. Its 
decorations likewise corresponded in richness and 
character with the vestibule of a basilica described 
by Procopius, 3 which is twice designated by the 
term ^a^l/c??.* The vestibule of the basilica at Pom- 
peii is shown upon the plan on page 141. 

In another sense the word is used as a synonyme 
with ccenaculum. " Scribuntur Dii vestri in tricliniis 
ccelestibus atque in chalcid-icis aureis ccenitare."* 
These words, compared with Homer, 

Tprjtg 6' eIq V77epu>' dve6rjaaro nayxo^duoa, 6 

and the translation of vizep&ov by Ausonius, 7 

" Chalcidicum gressu nutrix superabat anili," 

together with the known locality of the ancient 
ccenacula, seem fully to authorize the interpretation 
given. 8 

Finally, the word seems also to have been used 
in the same sense as mcenianum, a balcony. 9 

CHALCIOE'CIA (xa2.Kioi.Kia), an annual festival, 
with sacrifices, held at Sparta in honour of Athena, 
surnamed XaXKiotKoc, i. e., the goddess of the bra- 
zen-house. 10 Young men marched on the occasion 
in full armour to the temple of the goddess ; and the 
ephors, although not entering the temple, but re- 
maining within its sacred precincts, were obliged to 
take part in the sacrifice. 11 

*CHALCIS (xa2.Kcg), I. a species of Bird, de- 
scribed as inhabiting mountains, rarely seen, and 
of a copper colour (from which comes the name, or 
else from its shrill cry 12 ). It was probably one of 
the Falcon tribe, and is considered by some identi- 
cal with the nrvyt;, but it cannot be satisfactorily 
determined what kind of bird it really was. An- 
other name for this bird is Kvp.t,vdtc, in Homer and 
Ionic authors. Both names occur in the 14th book 
of the Iliad, 13 where it is noted that x a ^ K k is the 
older name. , The cry of the bird is represented by 
KLKKa6av}* 

II. A species of Lizard, 15 so called from having 
copper-coloured streaks on the back. It is termed 
in Greek, not only;{;a^/«c> but also aavpa XalKidiKrj. 
Some of the ancient authorities call it o?jip, 16 and the 
French naturalists describe it under the name of 
Le Seps, but, according to Buffon, improperly. It 
is the Chalcis Vittatus, L. Cuvier thinks it very 
probable that the ancients designated by this name 
the Seps with three toes of Italy and Greece. The 
Abbe Bonneterre says of it, " I regard the li'/ard 
called Chalcis by Linnaeus as forming a variety of 
the Seps." Burton remarks, " It appears i.o bear a 
strong affinity to the viper, and, like that animal 
its bite may be dangerous." Dr. Brookes says, 

1. (Galiano and Stratico, ibid.) — 2. (Marquez, Delle Case de' 
Romani. — Rhode ad Vitruv., 1. c.) — 3. (De ^Edific. Justin, i., 
10.) — 4. (Bechi, del Chalcidico e della Crypta di Eumachia. — 
Marini ad Vitruv., v., 2.)— 5. (Arnobius, p. 149.) — 6. (Od., xxiii., 
1.) — 7. (Perioch., xiii., Odyss.) — 8. (Turneb., Advers., xv : ii., 
34. — Salmas. in Spart., Pescen. Nigr., c. 12, p. 677.) — 9. (Isid., 
Oiig. — Reinesius, Var. Lect., iii., 5.) — 10. (Paus., iii., 17, I) 3, 
seqq. ; x., 5,$ 5— GQller ad Thucyd., i., 128.)— 11. (Polyb., iv., 
35, t) 2.)— 12. (Proclus ad Cratyl., xxxviii.)— 13. (v., 291.)— 14 
(Comic, ap. Plat., Cratyl., p. 270, ed. Francof. — Donnegan, Lex., 
ed. 1842, s. v.)— 15. (Aristot., II A, viii , 23 )— 16 (Schcl. in 
Nicandr., Theriac, v , 817.) 



CHALCOS. 



CHA.LYBS. 



" The Seps, or the Chalcidian Lizard of Aldrovan- 
dus, is rather a serpent than a lizard, though it has 
Tour small legs, and paws divided into feet." 1 

III. A species of Fish, 3 incorrectly made by some 
to be the Clupea Harcngus, L., or Herring. It is, 
in fact, the Clupea finta, Cuv., belonging, however, 
to the great Herring tribe. The ancients speak of 
their Chalcis as resembling the Tkrysscz and Sar- 
dines. According to them, it moved in large num- 
bers, and inhabited not only the sea, but also fresh 
water. " Wo find nothing," observes Griffith, " in 
the writings of the Greeks and Romans, which ap- 
pears to indicate that these nations were acquaint- 
ed with the Herring. The fishes of the Mediterra- 
nean must, in fact, have been nearly the only spe- 
cies of the class which they could observe or procure 
with facility, and the Herrings are not among the 
number of these. This fish, therefore, is neither 
the halec or halex, nor the mcenis, nor the bucomanis, 
nor the genis of Pliny. The fiaivic. of Aristotle, 
named alec by Gaza, and the mana of Pliny, belong 
to the menides of the animal kingdom."* 

♦CHALCITIS (xalKcnc), called also Sori and 
Misy (oupi, fiiav*), a fossil substance impregnated 
with a salt of copper, and used by the ancients as a 
styptic application. Dioscorides says, "the best 
Chalcitis resembles copper, is brittle, free from 
stones, not old, and having oblong and shining 
veins." " Sprengel thinks," observes Adams, " that 
there is a difference between the Chalcitis of Pliny 
and that of Dioscorides. The latter he looks upon 
to be a sulphate of iron ; the other an arseniate of 
copper. In his History of Medicine, he calls the 
XuZnavdor, Blue Vitriol ; the xa/l/ar/f, Red Vitriol ; 
and the fiiav, Yellow Vitriol. 5 The following ac- 
count of these substances is from a person who 
appears to have been well acquainted with them. 
' Chalcitis, Misy, and Sori are fossil substances, 
very much resembling each other both in original 
and virtues. Galen says he found these things in 
the mines, lying in long strata upon each other, the 
lowest stratum being Sori, the middle the Chalcitis, 
and the uppermost the Misy. These fossil sub- 
stances are now rarely found in apothecaries' shops, 
being to be had nowhere else but in Cyprus, Asia 
Minor, or Egypt.' " 6 According to Dr. Hill, the 
Chalcitis is properly a mixed ore of cupreous and 
ferruginous vitriols, still very frequent in Turkey, 
where it is used as an astringent and styptic. The 
Misy, he says, differs from it in containing no cu- 
preous vitriol, but only that of iron. The Sori, 
called Rusma by the moderns, he says, is an ore of 
vitriol of copper, and contains no iron. 7 

♦CHALCOS 0roA«6f), the same with the Ms of 
the Romans, and, therefore, a sort of Bronze. ( Vid. 
JEs.) The term, however, is often applied to na- 
tive copper. 8 Dr. Watson has made it appear that 
the Orichalcum (bpeixatoov) was brass, or a mix- 
ture of copper and zinc, made by the union of <zs 
and Cadmia. 9 The x a ^ K ° c xeKavfiivoc of Dioscori- 
des, according to Geoffroy, is copper calcined in a 
reverberatory furnace. The x^<oc oKupla, Squama 
aris, or flakes of copper, he adds, is little else than 
the <zs ustum, being only the particles of burned cop- 
per which fly off when it is hammered. The livdoc 
XoXkov, or Flos aris, was fine granulated copper. 10 
The following is Geoffroy's description of it, which, 
says Adams, is, in fact, little more than a translation 
of Dioscorides' account of the process. " It is no- 
thing but copper reduced to small grains like millet- 

1. (Adams, Append., s. v.)— 2. (Aristot., iv., 9.— JSlian, N. 
A., x., 11.)— 3. (Griffith's Cuvicr, vol. i., p. 478.)— 4. (Dioscor., 
v., 115.— Plin., H. N., xxxiv., 29.)— 5. (Sprengel, Hist. Med., v., 
4,'— 6. (Geoffroy's Works.) — 7. (Adams, Append., s. v.) — 8. 
(Diod. Sic, i., 33.)— 9. (Chemical Essays.— Bostock's Transla- 
tion of the 33d Book of Pliny.)— 10. (Hill's Hist, of the Materia 
Medica.) 



seed, which is done by pouring cold water upon 
melting copper,. which thereupon flies everywhere 
into grains." From this description of it, remarks 
Adams, it will appear that the following account ot 
the Flos ceris, given by Kidd, is inaccurate, and we 
give it merely to caution the reader not to be misled 
even by such a high authority : " In the spontane- 
ous formation of sulphate of iron, the pyrites first 
loses its splendour, then swells and separates into 
numerous fissures. After this, its surface is partial- 
ly covered with a white efflorescing powder, which 
is the Flos ceris of Pliny." 1 

♦CHALCOPHO'NOS ixalaocpovoc), a dark kind 
of stone, sounding, when struck, like brass. Tra- 
goedians were recommended to carry one. It was 
probably a species of clink-stone. 2 

♦CHALCOSMARAG'DUS (x^Koafidpaydoc), ac- 
cording to Pliny, a species of Emerald, with veins 
of a coppery hue. It is supposed to have been Di- 
optasc (Achirite) in its gang of copper pyrites. 3 

*CHALYBS (xd?Mil>), Steel, so called, because 
obtained of an excellent quality from the country ni 
the Chalybes. "The Indian Steel, mentioned by 
the author of the Periplus, was probably," observes 
Dr. Moore, " of the kind still brought from India 
under the name of wootz ; and the ferrum candidum, 
of which Quintus Curtius says the Indians present- 
ed to Alexander a hundred talents, may have been 
the same ; for wootz, when polished, has a silvery 
lustre. The Parthian Steel ranks next with Pliny, 
and these two kinds only 'mera acie temper antur .' 
Daimachus, a writer contemporary with Alexander 
the Great, speaks of four different kinds of steel, 
and the purposes to which they were severally suited. 
These kinds were the Chalybdic, the Sinopic, the 
Lydian, and the Lacedaemonian. The Chalybdic was 
best for carpenters' tools; the Lacedaemonian for 
files, and drills, and gravers, and stone-chisels ; the 
Lydian, also, was suited for files, and for knives, 
and razors, and rasps."* According to Tychsen,' 
nothing occurs in the Hebrew text of the Scriptures 
relative to the hardening of iron, and the quenching 
of it in water. Iron (bo.rzel) often occurs, and in 
some passages, indeed, Steel may, he thinks, be 
understood under this name. For example, in Eze- 
kiel, 6 ferrum fabref actum, or, according to Michaelis 
and others, sabre-blades from Usal (Sanaa in Ye- 
men). A pretty clear indication of steel is given 
in Jeremiah, 7 "Iron from the North," which is there 
described as the hardest. It appears that the He- 
brews had no particular name for Steel, which they 
perhaps comprehended, as the same writer conjec- 
tures, under the term barzel, or distinguished it only 
by the epithet "Northern." Among the Greeks, 
Steel was used as early as the time of Homer, and, 
besides Chalybs, it was very commonly called sto- 
mbma (oro/io/ia), which, however, did not so much 
denote Steel itself as the steeled part of the instru- 
ment. Adamas, also, was frequently used to indi- 
cate Steel. (Vid. Adamas.) "The Romans," ob- 
serves Beckmann, 8 " borrowed from the Greeks 
the word chalybs ; and, in consequence of a passage 
in Pliny, many believe that they gave also to Steei 
the name of acies, from which the Italians made 
their acciajo, and the French their acier. The word 
acies, however, denoted properly the steeled or cut- 
ting part only of an instrument. From this, in 
later times, was formed aciarium, for the Steel 
which gave the instrument its sharpness, and also 
aciare, 'to steel.' The preparation by fusion, as 
practised by the Chalybes, has been twice described 

1. (Kidd's Mineralogy.— Adams, Append., s. v.)— 2. (Plin., 
II. N., xxxvii., 10. — Moore's Anc. Mineralogy, p. 182.)— 3. (Plin., 
H. N., xxxvii., 5.— Fee, ad loc.) — i. (Anc. Mineral., p. 43.)— 5. 
(Beckmann, Hist, of Inv., vol. iv., p. 236. in notis.) — 6. (xxTii., 
19.)— 7. (xv., 12.)— 8. (Hiit.of Inv., vol. iv., p. 240.) 

337 



CHAMELEON. 



CHAR1STIA. 



wv Ar.stotle. The Steel of the ancients, however, 
m consequence of not being cemented, suffered it- 
self tt oe hammered, and was not nearly so brittle 
as the hardest steel with which we are acquainted 
at present. On the other hand, the singular meth- 
od of preparing steel employed by the Celtiberians 
in Spain, deserves to be here described. According 
to the account of Diodorus 2 and Plutarch, 3 the iron 
was buried in the earth, and left in that situation 
till the greater part of it was converted into rust. 
What remained without being oxydated was after- 
ward forged and made into weapons, and particu- 
larly swords, with which they could cut asunder 
bones, shields, and helmets. The art of hardening 
steel by immersing it suddenly, when red hot, into 
cold water, is very old ; Homer says, that when 
Ulysses bored out the eye of Polyphemus with a 
burning stake, it hissed in the same manner as 
water, when the smith immerses in it a piece of 
red-hot iron in order to harden it. 4 Sophocles uses 
the comparison of being hardened like immersed 
iron ; 5 and Salmasius 6 quotes a work of some old 
Greek chemist, who treats of the method of hard- 
ening iron in India. It is also a very ancient opin- 
ion, that the hardening depends chiefly on the na- 
ture of the water. Many rivers and wells were 
therefore in great repute, so that steel-works were 
often erected near them, though at a considerable 
distance from the mines. The more delicate arti- 
cles of iron were not quenched in water, but in 
oil." 7 

CHALKOUS. (Vid.&s.) 

♦CHAIVLEAC'TE (xafiaianTv), the Dwarf-elder. 

♦CHAIVLE'DRYS (xafialdpvc), the Wall German- 
der, or Teucrium Chamadrys. Apuleius makes the 
Chamadrys a synonyme of the Teucrium. 6 

♦CHAM^ECER'ASUS (x a f^ aLK ^P aao ?)> supposed 
by Sprengel to be the Lily of the Valley, or Conval- 
laria majalis. 9 

*CHAftLE'LEON (^c^aaeuv), I. a species of 
plant, so called from the changeable colour of its 
leaves. Gesner and Humelbergius, according to 
Adams, can omy refer it in general terms to the 
Thistle tribe. Stephens, Schulze, and Stackhouse 
hold that the xa\iaik£uv Tievkoq is the Carlina acau- 
lis, and Adams thinks that the description of the 
xaficuTieov by Dioscorides agrees very well with the 
Carline thistle. Yet Sprengel, although formerly 
an advocate of this opinion, and Dierbach, both in- 
cline to think it the Acarna gummifera, Willd. 
Sprengel and Stackhouse agree in referring the x -- 
uaiteov peTiac. to the Carthamus corymbosus. 10 

II. The Chamaeleon, or Chamaleo JEgyptius, L. 
The ancient naturalists describe this species of liz- 
ard accurately, and mention, in particular, its re- 
markable property of changing colour. 11 These col- 
ours, in fact, change with equal frequency and ra- 
pidity ; but it is by no means true, as stated by Sui- 
das and Philo, that the animal can assimilate its 
hue to that of any object it approaches. Neither is 
it true, as asserted by Ovid 13 and Theophrastus, that 
it lives upon air and dew, for it eats flies. In the 
Latin translation of Avicenna it is called Alharbe. 
" It was believed, in the time of Pliny, that no ani- 
mal was so timid as the Chamaeleon ; and, in fact, 
not having any means of defence supplied by nature, 
and being unable to secure its safety by flight, it 
must frequently experience internal fears and agi- 
tations more or less considerable. Its epidermis is 

1. (Beckmann ad Aristot., Auscult. Mirab., c. 49, p. 94.) — 2. 
(v., 33.)— 3. (De Garrul., ed. Francof., 1620, ii., p. 510.)— 4. 
(Od., ix., 391.)— 5. (Ajax, 720.)— 8. (F^xerc, Plin., p. 763.)— 7. 
(Adams, Append., s. v. — Beckmann, 1. c.) — 8. (Dioscor., iii., 
102. — Theophrast., II. P., ix., 9.^ — 9. (Adams, Append., s. v.) — 
10. (Diescor,., iii., 10. — Theophrast., H. P., vi., 4.) — 11. (Aris- 
wot.. H. A., ii., 7.) — 12. (Met., xv., 411.) 
238 



transparent ; its skin is yellow, and its blood ol a 
lively violet blue. From this it results, that whep 
any passion or impression causes a greater quantity 
of blood to pass from the heart to the surface of 
the skin, and to the extremities, the mixture of blue, 
violet, and yellow produces, more or less, a number 
of different shades. Accordingly, in its natural 
state, when it is free and experiences no disquie- 
tude, its colour is a fine green, with the exception 
of some parts, which present a shade of reddish 
brown or grayish white. When in anger its colour 
passes to a deep blue green, to a yellow green, and 
to a gray more or less blackish. If it is unwell, its 
colour becomes yellowish gray, or that sort of yel- 
low which we see in dead leaves. Such is the col- 
our of almost all the chamaeleons which are brought 
into cold countries, and all of which speedily die. 
In general, the colours of the Chamaeleons are much 
the more lively and variable as the weather is warm- 
er, and as the sun shines with greater brilliancy. 
All these colours grow weaker during the night." 1 

♦CHAM^EME'LON (^a//oi^Aov), the herb Cham- 
omile. The Greek name means " ground apple," 
from the peculiar apple -perfume of the flowers. 
The term comprehends the Anthemis nobilis, and 
probably some other species of Chamomile. 8 In 
modern Cyprus this plant is called "kclttovvl. It is 
frequently met with in the islands, and flowers ear- 
ly in the spring, according to Sibthorp. 3 

*CHAM^E'PITYS {xaiiamirve), the herb Ground- 
pine. (Vid. Abiga.) 

*CHAMELiEA (xa/ieXaia). " Dodonaeus states 
correctly," observes Adams, "that Serapio and Av- 
icenna confounded both the Chamelcea and Chame- 
leon together, under the name of Mazerion ; and it 
must be admitted, that the learned commentators 
on the Arabian medical authors have not been able 
entirely to remove this perplexity. According to 
Sibthorp, the Daphne oleoides is the species which 
has the best claim to be identified with the ancient 
Chamelcea. Matthiolus, and the writer of the arti 
cle on Botany in the Encyclopedic Methodique, refe) 
it to the Cncorum tricoccon. ,,4: 

*CHARAD'RIUS (xapadptoc), the name of a sea- 
bird described by Aristotle 5 and ^Ehan. 6 It is sup- 
posed to have been the Dalwilly, or Ring Plover, 
the Charadrius hiaticula, L. Mention is also made 
of it by Plato, Aristophanes, and Plutarch. The 
scholiast on Plato says that the sight of it was be- 
lieved to cure the jaundice. 7 

*CHELIDONTUM (xeTudovtov), a plant of which 
two kinds are mentioned, the Chelidonium majus, or 
Greater Celandine, and the C. minus, or Ranuncu- 
lus ficaria, the Figwort, popularly called the Lesser 
Celandine, under which name, says Adams, it has 
been celebrated by the muse of Wordsworth. 8 

*CHELI'DON (x^id&v), I. the Swallow. (Vid. 
Hirundo.) II. The Flying-fish, or Trigla volitans, 
L. 9 

*CHELO'NE (x&uvn), the Tortoise. ( Vid. Tes- 

TUDO.) 

CHARIS'TIA. The charistia (from xwfrfiai.. 
to grant a favour or pardon) was a solemn feast, to 
which none but relatives and members of the same 
family were invited, in order that any quarrel oi 
disagreement which had arisen among them might 
be made up, and a reconciliation effected. 13 The 
day of celebration was the viii. Cal. Mart., or the 
19th of February, and is thus spoken of by Ovid : 



1. (Griffith's Cuvier, vol. ix., p. 235.) — 2. (Dioscor., iii., 144. 
— Adams, Append., s. v.) — 3. (Billerbeck, Flora Graca, p. 220.) 
— 4. (Dioscor., iii., 169. — P. JEgin., vii., 3. — Adams, Append, 
s. v.)— 5. (H. A., viii., 5.) — 6. (N. A., xvii., 12.) —7. (Adams 
Append., s. v.) — 8. (Theophr., II. P., vii., 15. — Dioscor., ii., 211 
— Adams, Append., s. v.) — 9. (Aristot., II. A., iv., 9. — iElian 
N. A., ii., 50 ; xii., 59.— Adams, Append, s. v.)— 10. (Val. Ma*, 
ii., 1, t) 8. — Mart . ix., 55 ) 



CHEME. 



CHERNJPS. 



" Proximo, cognati dixere ckaristia cari, 
Et venit ad sodas turba propinqua dapes." 1 

CHEIRONO'MIA (xeipovo/xia), a mimetic move- 
ment of the hands, which formed a part of the art 
of dancing among the Greeks and Romans. The 
word is also used in a wider sense, both for the art 
of dancing in general, and for any signs made with 
the hands in order to convey ideas. In gymnastics 
it was applied to a certain kind of pugilistic combat. 2 

CHEIROTONEIN, CHEIROTONIA ( X eiporo- 
vetv, xeiporovia). In the Athenian assemblies two 
modes of voting were practised, the one by pebbles 
(vid. Psephizksthai), the other by a show of hands 
ixecporoveiv). The latter was employed in the elec- 
tion of those magistrates who were chosen in the 
public assemblies (vid. Archairesiai), and who were 
hence called x^ l ^ 0T0V V T0 ^ in voting upon laws, and 
in some kinds of trials on matters which concerned 
the people, as upon npoSoXai and eiaayyeMai. We 
frequently find, however, the word tfjrj^eodai used 
where the votes were really given by show of hands. 3 

The manner of voting by a show of hands is said 
by Suidas 4 to have been as follows : The herald 
said, "Whoever thinks that Midias is guilty, let 
him lift up his hand." Then those who thought so 
stretched forth their hands. Then the herald said 
again, " Whoever thinks that Midias is not guilty, let 
him lift up his hand ;" and those who were of this 
opinion stretched forth their hands. The number of 
hands was counted each time by the herald ; and the 
president, upon the herald's report, declared on which 
side the majority voted (dvayopeveiv Ta^x eL P 0T0VLa Q li )- 

It is important to understand clearly the com- 
pounds of this word. A vote condemning an ac- 
cused person is Karaxeiporovia ; one acquitting him, 
uvcox^ipoTovia ; 6 eirtxEtporovelv is to confirm by a 
majority of votes ; 7 knixsipoTovia ruv vofiuv was a 
revision of the laws, which took place at the begin- 
ning of every year ; eTuxeipoTovla tuv apxtiv was a 
vote taken in the first assembly of each prytania 
on the conduct of the magistrates ; in these cases, 
those who voted for the confirmation of the law, or 
for the continuance in office of the magistrate, were 
said kmxeipoTovetv, those on the other side, airoxei- 
porovelv ; 8 diaxeiporovia is a vote for one of two 
alternatives ; 9 uvTixetporoveiv, to vote against a 
proposition. The compounds of ipt]<j>i^eadat have 
similar meanings. 10 

CHEIROTONETOI. (Vid. Archairesiai.) 

CHELIDO'NIA (xe^iSovia), a custom observed 
in the island of Rhodus in the month of Boedromion, 
the time when the swallows returned. During that 
season, boys, called x&t-doviarai, went from house to 
house collecting little gifts, ostensibly for the return- 
ing swallows (x^tdovi^eiv), and singing a song which 
is still extant. 11 It is said to have been introduced bv 

m 

Cleobulus of Lindus at some period when the town 
was in great distress. The chelidonia, which have 
sometimes been called a festival, seem to have been 
nothing but a peculiar mode of begging, which, on 
the occasion of the return of the swallows, was 
carried on by boys in the manner stated above. 
Many analogies may still be observed in various 
sountries at the various seasons of the year. 
CHEME {xvpv), a Greek liquid measure, the capa- 

1 (Fast., ii., 617.)— 2. (Athen., xiv., 27, p. 629, b.— Hesych., 
rol. ii., p. 1547, ed. Alberti.— .^Elian, V. H., xiv., 22.— Dio 
Cass., xxxvi., 13.— Paus., vi., 10, t> 1.)— 3. (Vid. Lysias, c. Era- 
»osth., p. 124, 16, and p. 127, 8, ed. Steph.— Demosth., Olynth., 
i., p. 9.) — 4. (s.v. KaTexeipoT6vr)<T£v.)— 5. (iEsch.,c. Ctes., §2.) 
— <\ (Demosth., c. Midias, p. 516, 553, 583.)— 7. (Demosth., De 
Cor., p. 235, 261.)— 8. (Demosth., c. Timocr., p. 706.— Harpo- 
zrtt. and Suidas, s. v. Kvpia i kk\t) a (a.— Demosth., c. Theocrin., 
p. 1330 ) — 9. (Demosth., c. Androtion., p. 596. — c. Timocr., p. 
<07.— c. Neaer., p. 1346.)— 10. (Schomann, De Comitiis Atheni- 
ensium, p. 120, 125, 231, 251, 330.)— 11. (Athemeus, viii., p. 
360.— Compare Ilgen, Opusc. Phil., i., p. 164, and Eustath. ad 
Od.. xxii., sub fin 1 



city of which (as is the case with most of the smaller 
measures) is differently stated by different authori- 
ties. There was a small cheme, which contained 
two cochlearia or two drachmae, and was the sev- 
enty-second part of the cotyle, =0068 of a pint 
English. 1 The large cheme was to the small in 
the proportion of 3 to 2. Other sizes of the chemo 
are mentioned, but they differ so much that we 
cannot tell with certainty what they really were. 2 

♦CHENALOTEX (xvvaWmjf), a species of 
aquatic fowl. (Vid. Anas.) 

CHENFSCUS (xnvio-Kog) was a name sometimea 
given to the uKpoardliov of a ship, because it was 
made in the form of the head and neck of a goose 
(xvv) or other aquatic bird. This ornament was 
probably adopted as suitable to a vessel which was 
intended to pursue its course, like such an animal, 
over the surface of the water. 3 We are informed 
that a ship was sometimes named " The Swan" 
(kvkvoc), having a swan carved upon the prow. 4 
Though commonly fixed to the prow, the eheniscus 
sometimes adorned the stern of a ship. It was often 
gilt. 6 A eheniscus of bronze is preserved in the Royal 
Library at Paris. 6 Not unfrequently we find the ehe- 
niscus represented in the paintings found at Hercu 
laneum, and on antique gems. Examples are seen 
in the annexed woodcut, and in that at p. 62 




*CHENOPOD'IUM (xvvoirodiov) and CHEN'O 
PUS (xvvoTrovg), a species of plant, commonly called 
the Goosefoot. Dioscorides 7 and Pliny 8 mention 
two kinds, the wild and domestic (sylvestre and 
sativum), the former of which is the same with the 
urpd(pa^ig or drpdQat-vg, the latter the Atriplex hor- 
tensis, or Orach (the xP vao ^X avov °f Theophras 
tus 9 ). The modern Greeks use the Chenopodium 
as a good remedy for wounds, and call it navuKta. 10 
The Chenopodium botrys has a balsamic perfume, 
and yields an essential oil, which renders it tonic 
and antiscorbutic. Sibthorp found it between Smyr- 
na and Brousa, on the banks of the streams. 11 The 
seed resembles a cluster of grapes, and has a 
vinous smell, whence the name botrys (ftorpve, " a 
cluster"). The most important property possessed 
by the Goosefoot tribe is the production of soda, 
which some of them yield in immense quantities. 1 * 

CHERNIPS, CHERNIBON (jcepvt^ x epvi6ov, 
from x^tp and vltztu), signifies the water used for 
ablution and purification, or the vessel which con 
tained it. 13 

A marble vase containing lustral water was pla- 
ced at the door of both Greek and Roman temples, 
which was applied to several purposes. The priest 
stood at the door with a branch of laurel 14 or olive 



1. (Rhemn. Faun., v., 77.) — 2. (Hussey, Anc. Weights, 
Money, &c. — Wurm, De Pond., &c.) — 3. (Etym. Mag.) — 4 
(Nicostratus, ap. Athen., xi., 48. — Etym. Mag-., s. ▼. Kvkvos.)— 
5. (Lucian, Ver. Hist., 41.— Jup. Trag., 47.)— 6. (Millin, Diet 
des Beaux Arts.)— 7. (ii., 145.)— 8. (II. N., xx., 20.)— 9. (H.P. 
vii., 1.)— 10. (Billerbeck, Flora Graca, p. 62 >-- 11 (Bill-rbeok 
1. c.) — 12. (Lindley's Botany, p. 165.)— 13. (Phavorin-is.— F.'.yia 
Magr., s. t. AiSn<;.— Hesycb )— 14. (Ovid, Fa/:t., v., 679 ) 

2:w 



CHIRAMAXIUM. 



CHIROGRAPHUM. 



tree 1 in his hand, which he dipped into the water, 
and sprinkled as a purification over all who entered. 
Instead of these branches, the Romans used an in- 
strument called aspcrgillum for the purpose, the 
form of which is frequently met with upon medals 
and bas-reliefs. 

Another Greek rite was performed by the priest 
taking a burning torch from the altar, which he dip- 
ped into the lustral water (xepviip), and then sprin- 
kled it over the by-standers. 2 Water was also sprin- 
kled over the head of the victim as an initiation to 
the sacrifice ; hence the expression x^P Vi ^ ac vefieiv, 3 
" to perform a sacrifice," and x aLTr l v fy<j>i ct]v x e P~ 
i>iipo/jiai.* 

The vessel which the Romans used was of the 
kind called labrum, 5 resembling those still employed 
for a somewhat similar purpose in the Roman 
churches, one of which is shown in the Laconicum 
at Pompeii. (Vid. Baths, p. 150.) 

But the word, as its etymology indicates, is of a 
more domestic origin ; and, in reference to the cus- 
tom, common to both nations, of washing their 
hands before meals, is used with the same double 
meaning above mentioned. 6 In the first passage 
cited from Homer, x^P VL1 P i s P u t f° r tne w'ater it- 
self; in the second, x£p VL & 0V is used for the vessel 
which receives it. In both instances the water is 
poured out of a jug (rrpoxoog ), and the two together 
correspond with our term a basin and ewer. 

*CHERNITES (x^pvirr/c), a species of Stone, 
which Pliny, 7 after Theophrastus, 8 says was very 
like ivory, and in a coffin of which the body of Da- 
rius lay. The French commentators on Pliny make 
it and the poms, mentioned by the same writers as 
resembling in colour and hardness Parian marble, 
to have been varieties of calcareous tufa (" carbon- 
ate de chaux sedimentaire, ou craie grossiere et 
compacte, chloriteuse, renfermant des silex blonds 
et des gryphites"). 9 

CHEROS'TAI. (Vid. Heres.) 

*CHERS'YDRUS(;tfc-p<n><5pof), a species of Snake, 
i-ving, as the name imports, both on land and in the 
water (^e'paoc, " land," vdop, " water"). A good 
description of its form and nature is given by Vir- 
gil. 10 According to the poet, it was marked with 
iarge spots on the belly. Under the head of Chcrs- 
ydrus, at the present day, Cuvier ranks the Oular- 
Jimpe (Acrochordus Fasciatus, Sh.), a very venomous 
serpent which inhabits the bottoms of the rivers of 
Java. 

*CHIA TERRA (XLa yij), a species of Earth ob- 
tained from the island of Chios. The ancients 
used it internally as an astringent ; but its chief use 
was as a cosmetic, it being highly valued for clean- 
sing the skin and removing wrinkles. Galen says 
it was an earth of a white colour, but not a bright, 
clear white, and that it w T as brought in flat pieces ; 
and Dioscorides says it was whitish, but tending to 
ash colour. 11 " Like the Selinasian and Pnigitic 
earths," observes Adams, "it is an argil more or 
less pure." 

CHIRAMA'XIUM (xeipafj.u^iov, from x^' L P and 
ufia^a, a sort of easy-chair or " go-cart," used for 
invalids and children. 18 It differed from the sella 
gcstaloria, which answers to our sedan-chair, in 
which the person was carried by his slaves or ser- 
vants, since it went upon wheels, though moved by 
men instead of animals. Doubts are entertained 
whether this small vehicle. w r as drawn or propelled, 




as it is observed that men draw from the neck and 
shoulders, 1 and push with their hands, which latter 
method is clearly the one intended by Aurelian,* 
" vehiculo manibus acto." 

CHIRIDO'TA (xeipiduroc, from X eL pk, manica), 
a tunic with sleeves. The tunic of the Egyptians, 
Greeks, and Romans was originally without sleeves 
(vid. Exomis), or they only came a little way 
down the arm. On the other hand, the Asiatic and 
Celtic nations wore long sleeves sewed to their tu- 
nics, together with trousers as the clothing of their 
lower extremities, so that these parts of attire are 
often mentioned together. 3 (Woodcuts, pages 15, 
171.) The Greeks also allowed tunics with sleeves 
to females (woodcut, p. 188), although it was con- 
sidered by the Latins indecorous when they were 
worn by men.* Cicero mentions it as a great re- 
proach to Catiline and his associates that they wore 
long shirts with sleeves (manicatis et lalaribus tuni- 
cis 5 ). Caligula, nevertheless, wore sleeves, togeth- 
er with other feminine ornaments (manuleatus*). 
Sleeves were worn on the stage by tragic actors 
(XEipldec' 1 ) ; and they were used by shepherds and 
labourers, who had no upper garment, as a protec- 
tion against the severities of the weather (pellilus 
manicatis 9 ). (Vid. woodcuts, p. 112, 132.) 

All the w r oodcuts already referred to show the 
sleeves of the tunic coming down to the wrist. 
We now insert from an Etruscan vase the figure of 
a woman, whose sleeves reach only to the elbow, 
and who wears the capistrum to assist her in blow 
ing the tibia pares* (Vid. Manica, Tunica.) 




CHIRO'GRAPHUM (xeipoypafov) meant first, as 
its derivation implies, a handwriting or autograph. 
In this its simple sense, x tL P m Greek and manus 
in Latin are often substituted for it. 

Like similar words in all languages, it acquired 
several technical senses. From its first meaning 
was easily derived that of a signature to a will or 
other instrument, especially a note of hand given 
by a debtor to his creditor. In this latter case it 
did not constitute the legal obligation (for the debt 
might be proved in some other way) ; it was only 
a proof of the obligation. 

According to Asconius, 10 chirographum, in the 
sense of a note of hand, was distinguished from 
syngrapha ; the former was always given for mon- 
ey actually lent, the latter might be a mere sham 
agreement (something like a bill of accommodation, 

1. (Virg-., Mvl., ii., 236.)— 3. (11. cc.)— 3. (Herod., vii., 61.— 
Strabo, xv., 3, 19. — Ta\aracu>s ava\vplai Kal %tipiaiv avtoKtvao 
pivoq: Plutarch, Otho, 6.)— 4. (Aul.Gell., vii., 12.— Virg.,^En., 
ix., 616.)— 5. (Orat. in Cat., ii., 10.)— 6. (Sueton., Calig., 52.) 
—7. (Lucian, Jov. Trag.)— 8. (Colum.,i., 8; xi., 1.)— 9. (Har 
canville, Ant Etrusq., t. ii., p. 113.)— 10. (in Verr., iii., 3S • 



CHIIiURGIA. 



CHIRURGIA. 



though with a different object) to pay a debt which 
had never been actually incurred. The chirogra- 
•phum was kept by the creditor, and had only the 
debtor's signature ; the syngrapha, on the contrary, 
was signed and kept by both parties. 

In the Latin of the middle ages, 1 chirographum 
was used to signify tribute collected under the sign- 
manual of a person in authority, similar to the briefs 
and benevolences of former times in our own coun- 
try. It was also used, 2 till very lately, in the Eng- 
lish law for an indenture. Duplicates of deeds were 
written on one piece of parchment, with the word 
chirographum between them, which was cut in two 
in a straight or wavy line, and the parts given to 
the care of the persons concerned. By the Canon- 
ists, Blackstone remarks, the word syngrapha or 
syngraphus was employed in the same way, and 
hence gave its name to these kinds of writing. 

CHIRU'RGIA (xeipovpyla':. The practice of sur- 
gery was for a Ions time consxered by the ancients 
to be merely a part of a physician's duty ; but, as it 
is now almost universally allowed to be a separate 
branch of the profession, it will perhaps be more 
convenient to treat of it under a separate head. It 
will not be necessary to touch upon the disputed 
questions, which is the more ancient, or which is 
the more honourable branch of the profession ; nor 
even to try to give such a definition of the word 
ckirurgia as would be likely to satisfy both the phy- 
sicians and surgeons of the present day ; it will be 
sufficient to determine the sense in which the word 
was used by the ancients ; and then, adhering close- 
ly to that meaning, to give an account of this divis- 
ion of the science and art of medicine, as practised 
among the Greeks and Romans, referring to the ar- 
ticle Medicixa for farther particulars. 

The word chirurgia is derived from ^a'p, the 
hand, and epyov, a work, and is explained by Cel- 
eus 3 to mean that part of medicine qua manu curat, 
" which cures diseases by means of the hand ;" in 
Diogenes Laertius* it is said to cure dtd rod ripvtiv 
Kal icaieiv, " by cutting and burning ;" nor (as far 
as the writer is aware) is it ever used by ancient 
authors in any other sense. Omitting the fabulous 
and mythological personages, Apollo, ^Esculapius, 
Chiron, &c., the only certain traditions respecting 
the state of surgery before the establishment of the 
republics of Greece, and even until the time of the 
Peloponnesian war, are to be found in the Iliad and 
Odyssey. There it appears that surgery was al- 
most entirely confined to the treatment of wounds ; 
and the imaginary power of enchantment was join- 
ed with the use of topical applications. 6 The 
Greeks received surgery, together with the other 
branches of medicine, from the Egyptians ; and, 
from some observations made by the men of sci- 
ence who accompanied the French expedition to 
Egypt in 1798, it appears that there are documents 
fully proving that in very remote times this extra- 
ordinary people had made a degree of progress of 
which few of the moderns have any conception : 
upon the ceilings and walls of the temples at Ten- 
tyra, Karnac, Luxor, &c., basso-relievos are seen, 
representing limbs that have been cut off with in- 
struments very analogous to those which are em- 
ployed at the present day for amputations. The 
same instruments are again observed in the hiero- 
glyphics, and vestiges of other surgical operations 
may be traced, which afford convincing proofs of the 
sk ill of the ancient Egyptians in this branch of med- 
ical science. 6 

The earliest remaining surgical writings are those 



1. (Vid. Du Fresne, s. v.)— 2. (Vid. Blackstone, b. ii., c. 20.) 
—3 (De Med., lib. -vii., Pnefat.)— 4. (De Vit. Philos., iii., 1, $ 
85.)— 5. (II., iii., 218 ; xi., 515, 828, 843, &c )— 6. (I.arrey, quo- 
i«d in Cooper's Surg. Diet.) 

U IT 



of Hippocrates, who was born, according to Clin 
ton, 1 01. 80, 1, B.C. 460, and died 01. 105, 4, B.C. 
357. Among his reputed works there are ten treat 
ises on this subject, viz. : 1. Kar' 'Inrpelov, De Of 
ficina Medici ; 2. Hepi 'Aypuv, De Fracturis ; 3. 
Hepi'Apdpcov, De Arliculis ; 4. Mo^Ai/c6f, Vectiarius; 
5. Hepi 'EXkuv, De Ulccribus ; 6. tiepl Iivpiyyov, Dt 
Fistulis; 7. Hepi Aip.opp'oLduv, De Hcemorrhdidibus ; 
8. Hepi ruv kv Ke&aA?) Tpupuruv, De Capitis Vul- 
neribus ; 9. Hepi 'EyKararopf/c 'Epdpvov, De Rcsec- 
tione Foztus ; and, 10. Hepi 'Avaropf/c, De Corporum 
Rcsectione. Of these it should be remarked, that 
only the eighth is considered undoubtedly genuine ; 
though the first, second, third, and fourth, if noi; 
written by Hippocrates himself, appear to belong to 
a very early age. 2 Hippocrates far surpassed all 
his predecessors (and, indeed, most of his success- 
ors) in the boldness and success of his operations ; 
and, though the scanty knowledge of anatomy pos- 
sessed in those times prevented his attaining any 
very great perfection, still we should rather admire 
his genius, which enabled him to do so much, than 
blame him because, with his deficient information, 
he was able to do no more. The scientific skill in 
reducing fractures and luxations displayed in his 
works, De Fracturis, De Articulis, excites the ad- 
miration of Haller, 3 and he was most probably the 
inventor of the ambe, an old chirurgical machine for 
dislocations of the shoulder, which, though now 
fallen into disuse, for a long time enjoyed a great 
reputation. In his work De Capitis Vulneribus he 
gives minute directions about the time and mode 
of using the trephine, and warns the operator 
against the probability of his being deceived by the 
sutures of the cranium, as he confesses happened 
to himself * On this Celsus remarks . " More scili- 
cet magnorum virorum, et Jiduciam magnarum rerum 
habentium. Nam levia ingenia, quia nihil habent, 
nihil sibi detrahunt : magno ingenio, multaque nihilo- 
minus habituro, convenit etiam simplex veri, erroris 
confessio ; prcecipueque in eo ministerio, quod utilita- 
tis causa posteris traditur ; ne qui decipiantur eadem 
ratione, qua quis ante deceptus est." 5 The author of 
the Oath, commonly attributed to Hippocrates, binds 
his pupils not to perform the operation of lithotomy, 
but to leave it to persons accustomed to it (kpyarno; 
avdpaoi irpr/t-toc rijade) ; from which it would appeal 
as if ceitain persons confined themselves to partic- 
ular operations. Avenzoar also, in his work enti- 
tled Teiser, " Rectificatio Regiminis," refused to per- 
form this operation ; but in his case it was from 
religious motives, and because, being a Jew, he 
thought it unlawful to look upon another's naked- 
ness. % 
The names of several persons are preserved who 
practised surgery as well as medicine in the times 
immediately succeeding those of Hippocrates ; but, 
with the exception of some fragments inserted in 
the writings of Galen, Oribasius, Aetius, &c, all 
their writings have perished. Archagathus de- 
serves to be mentioned, as he is said to have been 
the first foreign surgeon that settled at Rome, 
A.U.C. 535, B.C. 219. 6 He was at first very well 
received, the jus Quiritium was conferred upon him 
a shop was bought for him at the public expense, 
and he received the honourable title of Vulnerarius 
This, however, on account of his frequent use Ot 
the knife and cautery, was soon changed by the 
Romans (who were unused to such a mode of prac- 
tice) into that of Carnifex. Asclepiades, who lived 
about the middle of the seventh century A.U.C, is 
said to have been the first person who proposed the 



1. (Fasti Hellen.)— 2. (Vid. Fabric., IJibl. Gr.)— 3. (Biblioth 
Chirurg.)— 4. (De Morb. Vulgar., lib. v., p. 561, cd. Kiihn.)— 5 
(De Med., viii., 4, p. 467, ed. Ardent.)- 6. (Cassias Ilemina, ap 
Plin., II. N.. xxix.,6.) 

24J 



CHIRURGIA. 



CHIRl RGIa. 



operation of bronchotomy, though he himself never 
performed it ; x and Ammonius of Alexandrea, sur- 
uamed Acdordfiog, who is supposed to have lived 
rather later, is celebrated in the annals of surgery 
for having been the first to propose and to perform 
the operation of Lithotrity, or breaking a calculus 
in the bladder, when found to be too large for safe 
extraction. Celsus has minutely described his 
mode of operating, 3 which very much resembles 
that lately introduced by Civiale and Heurteloup, 
and which proves that, however much credit they 
may deserve for bringing it again out of oblivion 
into public notice, the praise of having originally 
thought of it belongs to the ancients. " A hook," 
says Celsus, " is to be so insinuated behind the 
stone as to resist and prevent its recoiling into the 
bladder, even when struck ; then an iron instru- 
ment is used, of moderate thickness, flattened to- 
wards the end, thin, but blunt ; which, being placed 
against the stone, and struck on the farther end, 
cleaves it ; great care being taken, at the same 
time, that neither the bladder itself be injured by 
the instruments, por the fragments of the stone fall 
back into it." Avenzoar also 3 mentions this mode 
of getting rid of a calculus, though he does not de- 
scribe the operatian so minutely as Celsus. The 
next surgical writer after Hippocrates, whose works 
are still extant, is Celsus, who lived at the begin- 
ning of the first century A.D., and who has given 
up the last four books of his work, De Medicina, 
and especially the seventh and eighth, entirely to 
surgical matters. It appears plainly from reading 
Celsus, that, since the time of Hippocrates, surgery 
had made very great progress, and had, indeed, 
reached a high degree of perfection. He is the first 
author who gives directions for the operation of 
lithotomy,* and the method described by him (called 
the apparatus minor, or Celsus' 's method) continued to 
be practised till the commencement of the sixteenth 
century. It was performed at Paris, Bordeaux, and 
other places in France, upon patients of all ages, 
even as late as a hundred and fifty years ago ; and 
a modern author 5 recommends it always to be pre- 
ferred on boys under fourteen. 6 He describes 7 the 
operation of Infibulatio, which was so commonly 
performed by the ancients upon singers, &c, and is 
often alluded to in classical authors. 8 He also de- 
scribes 9 the operation alluded to by St. Paul, 10 nepi,- 
reTfiviiEvog rig eKkrjdn : (irj eTnardado). Compare 
PaulusiEgineta, 11 who transcribes from Antyllus a 
second method of performing the operation. See 
ilso Parkhurst's Lexicon, and the references there 



*iven. 



The following description, given by Celsus, of 
the necessary qualifications of a surgeon, deserves 
to be quoted : " A surgeon," says he, 12 " ought to 
be young, or, at any rate, not very old ; his hand 
should be firm and steady, and never shake ; he 
should be able to use his left hand with as much 
dexterity as his right ; his eyesight should be acute 
and clear ; his mind intrepid, and so far subject to 
pity as to make him desirous of the recovery of his 
patient, but not so far as to suffer himself to be 
moved by his cries ; he should neither hurry the 
operation more than the case requires, nor cut less 
than is necessary, but do everything just as if the 
other's screams made no impression upon him." 
The reading of Targa's edition, misericors, has been 

I. (Cael. Aurel., DeMorb. Acut.,i., 14; iii.,4.)— 2. (De Med., 
vii., 23, $ 3, p. 436.)— 3. (p. 29, ed. Venet., 1549.)— 4. (De Med., 
vii., 26, y 2, p. 432.)— 5. (Allan on Lithotomy, p. 12.)— 6. (Coop- 
er's Diet, of Pract. Surg-., art. Lithotomy.) — 7. (vii., 25, y 3, p. 
428.)— 8. (Juv., Sat., vi., 73, 379.— Seneca, apud Lactant., Di- 
vm. Inst., i., 16— Mart., EpigT., vii., 82, 1 ; ix., 28, 12; xiv., 
215, 1.— Tertull., De Corona Mil., 11.)— 9. (vii., 25, y 1, p. 427.) 
—10. (1 Corinth., vii., 18.)— 11. De Re Med. vi. 53.)— 12. (lib. 
vii., Praefat.) 

242 



followed in this passage of Celsus, though irnmis- 
cricors will also admit of a very good sense ; for; 
as Richerand has observed, 1 Celsus did not meac 
by it that a surgeon ought to be quite insensible to 
pity ; but that, during the performance of an opera- 
tion, this passion ought not to influence him, as al! 
emotion would then be weakness. 

Perhaps the only surgical remark worth quoting 
from Aretaeus, who lived in the first century A.D., 
is, that he condemns the operation of bronchotomy, 
and thinks " that the wound would endanger an in- 
flammation, cough, and strangling ; and that, if the 
danger of being choked could be avoided by this 
method, yet the parts would not heal, as being car- 
tilaginous." 2 

Omitting Scribonius Largus, Moschion, and So- 
ranus, the next author of importance is Caslius Au- 
relianus, who is supposed to have lived about the 
beginning of the second century A.D., and in whose 
works there is a good deal relating to surgery, 
though nothing that can be called original. He re- 
jected as absurd the operation of bronchotomy. 3 
He mentions a case of ascites that was cured by 
paracentesis, 4 and also a person who recovered af- 
ter being shot through the lungs by an arrow. 5 

Galen, the most voluminous, and, at the samp, 
time, the most valuable medical writer of antiquity, 
is less celebrated as a surgeon than as an anato- 
mist and physician. He appears to have practised 
surgery at Pergamus ; but, upon his removal to 
Rome (A.D. 165), he confined himself entirely to 
medicine, following, as he says himself, 6 the cus- 
tom of the place. This would seem also to have 
been the custom among the Arabians, as Avenzoar 
says 7 that a physician ought to be able to perform 
operations, but should not do so except in cases of 
necessity. Galen's writings prove, however, that 
he did not entirely abandon surgery. His Commen- 
taries on the Treatise of Hippocrates, De Ojficina 
Medici, and his treatise Uepl ruv 'Emd£o-/j,ov, De 
Fasciis, show that he was well versed even in the 
minor details of the art. He appears also to have 
been a skilful operator, though no great surgical in- 
ventions are attributed to him. His other surgical 
writings consist of Commentaries on Hippocrates, 
De Fracturis and De Articulis ; besides a good 
deal of the matter of his larger works, De Methodo 
Medendi and De Compositio?ie MeAicamentorum. 

Antyllus, who lived some time between Galen and 
Oribasius, is the earliest writer whose directions 
for performing bronchotomy are still extant, though 
the operation (as was stated above) was proposed 
by Asclepiades about three hundred years before 
Only a few fragments of the writings of Antyllus 
remain, and among them the following passage is 
preserved by Paulus ^Egineta : 8 " Our best sur- 
geons have described this operation, Antyllus par- 
ticularly, thus : ' We think this practice useless, 
and not to be attempted where all the arteries and 
the lungs are affected (by the word dprnpiai here, 
he means the bronchia, or ramifications of the tra- 
chea. Vid. Arteria) ; but when the inflammation 
lies chiefly about the throat, the chin, and the ton- 
sils which cover the top of the windpipe, and the 
artery is unaffected, this experiment is very ration- 
al, to prevent the danger of suffocation. When we 
proceed to perform it, we must cut through some 
part of the windpipe, below the larynx, about the 
third or fourth ring ; for to cut quite through would 
be dangerous. This place is the most commo- 
dious, because it is not covered with any flesh, and 
because it has no vessels near it. Therefore, bend- 



1. (Nosogr. Chir.,vol. i., p. 42, edit. 2.)— 2. (De Morb. Acut. 
Cur., i., 7, p. 227, ed. Kiihn.)— 3. (De Morb. Chron., iii., 4.)— 
4. (Ibid., iii., 8.)— 5. (Ibid., iii., 12.)— 6. (De Meth. Med., vi., 
20.)— 7. (p. 31.)— 8. (De Re Med., vi., 33.) 






CHIRURGIA. 



CHIRURGIA. 



ing the head of the patient backward so that the 
windpipe may come more forward to the view, we 
make a transverse section between two of the 
rings, so that in this case, not the cartilage, but the 
membrane which encloses and unites the cartilages 
together, is divided. If the operator be a little 
fearful, he may first divide the skin, extended by a 
hook ; then, proceeding to the windpipe, and separ- 
ating the vessels, if any are in the -way, he must 
make the incision.' Thus far Antyllus, who thought 
of this way of cutting, by observing (when it was, 
I suppose, cut by chance) that the air rushed 
through it with great violence, and that the voice 
was interrupted. When the danger of suffocation 
is over, the lips of the wound must be united by su- 
ture, that is, by sewing the skin, and not the carti- 
lage ; then proper vulnerary medicines are to be 
applied. If these do not agglutinate, an incarnant 
must be used. The same method must be used 
with those who cut their throat with a design of 
committing suicide." This operation appears to 
have been very seldom, if ever, performed by the 
ancients upon a human being. Avenzoar 1 tried it 
upon a goat, and found it might be done without 
much danger or difficulty ; but he says he should 
not like to be the first to try it upon a man. 

Oribasius, physician to the Emperor Julian (A.D. 
363), professes to be merely a compiler; and 
though there is in his great work, entitled 2wa- 
ri.*yai 'larptKai, Collecta Medicinalia, much surgical 
matter, there is nothing original. The same may 
be said of Aetius and Alexander Trallianus, both of 
whom lived towards the end of the sixth century 
A.D., and are not famous for any surgical inven- 
tions. Paulus ^Egineta has given up the fifth and 
sixth books of his work, De Re Medica, entirely 
to surgery, and has inserted in them much useful 
matter, the fruits chiefly of his own observation 
and experience. He was particularly celebrated 
for his skill in midwifery and female diseases, 
and was called on that account, by the Arabians, 
Al-Kawabeli, " the Accoucheur." 8 Two pam- 
phlets were published in 1768 at Gottingen, 4to, by 
Rud. Aug. Vogel, entitled De Pauli JEgineta Men- 
tis in Medicinam, imprimisque Chirurgiam. Paulus 
iEgineta lived probably towards the end of the sev- 
enth century A.D., and is the last of the ancient 
Greek and Latin medical writers whose surgical 
works remain. The names of several others are 
recorded, but they are not of sufficient eminence to 
require any notice here. For farther information 
on the subject both of medicine and surgery, see 
Medicina ; and for the legal qualifications, social 
rank, &c, both of physicians and surgeons, among 
the ancient Greeks and Romans, see Medicus. 

The surgical instruments, from which the accom- 
panying engravings are made, were found by a 
physician of Petersburg, Dr. Savenko, in 1819, at 
Pompeii, in Via Consularis (S trad a Consulate), in 
a house which is supposed to have belonged to a 
surgeon. They are now preserved in the museum 
at Portici. The engravings, with an account of 
them by Dr. Savenko, were originally published in 
the Revue Medicate for 1821, vol. iii., p. 427, &c. 
They were afterward inserted in Froriep's Notizen 
aus &»m Gebiete der Natur-und-Hcilkunde for 1822, 
vol. ii., n. 26, p. 57, &c. The plate containing 
thets instruments is wanting in the copy of the 
Revue Medicale in the library of the College of Sur- 
geons, so that the accompanying figures are copied 
from the German work, in which some of them ap- 
pear to be drawn very badly. Their authenticity 
was at first doubted by Kuhn, 8 who thought they 

1. (p 15.)— 2. (Abulphavaj, Hist. Dynast., p. 181, ed. Po- 
socke )- 3. (De Tnstrum Chirurg., "Vet • -ibus cognitis, et nuper 
%flf<v is, Lips., 1823, 4to.) 



were the same that had been described by Bayardi 
in his Catal. Antiq. Monument. Herculanieffos., Nap., 
1754, fol., n. 236-294 ; when, however, his disser- 
tation was afterward republished,' he acknowledged 
himself to be completely satisfied on this point, and 
has given, in the tract referred to, a learned and in 
genious description of the instruments and their 
supposed uses, from which the following account is 
chiefly abridged. It will, however, be seen at once 
that the form of most of them is so simple, and 
their uses so obvious, that very little explanation '.* 
necessary. 




1, 2. Two probes (specillum, nrfkn) made of iron . 
the larger six inches long, the smaller four and a 
half. 3. A cautery (Kavrfipiov) made of iron, rathei 
more than four inches long. 4, 5. Two lanceis 
(scalpellum, cfiihn), made of copper, the former iw-7 
inches and a half long, the other three inches, h 
seems doubtful whether they were used lor blood- 
letting, or for opening abscesses, &o. 6. A knife 
apparently made of copper, the Wade of which ia 
two inches and a half long, and in the broadest part 
one inch in breadth ; the back is straight and thick, 
and the edge much curved ; tbe handle is so short 
that Savenko thinks it must have been broken. It 
is uncertain for what particular purpose it was used : 
Kuhn conjectures that (if it be a surgical instrument 
at all) it may have been made with such a curved 
edge, and such a straight thick back, that it might 
be struck with a hammer, and so amputate fingers, 
toes, &c. 7. Another knife, apparently made of 
copper, the blade of which is of a triangular shape, 
two inches long, and in the broadest part eight lines 
in breadth ; the back is straight and one line broad, 
and this breadth continues all the way to the point, 
which, therefore, is not sharp, but guarded by a sort 
of button. Kuhn thinks it may have been used for 
enlarging wounds, &c, for which it would be par- 
ticularly fitted by its blunt point and broad back. 

8. A needle, about three inches long, made of iron. 

9. An elevator (or instrument for raising depressed 
portions of the scull), made of iron, five inches long, 
and very much resembling those made use of at the 
present day. 10-14. (vid. next cut) Different kinds 
of forceps (vulsella). No. 10 has the two sides sepa- 
rated from each other, and is five inches long. No. 
11 is also five inches long. No. 12 is three inches 
and a half long. The sides are narrow at the point 
of union, and become broader by degrees towards 
the other end, where, when closed, they form a kind 
of arch. It should be noticed that it is furnished with 
a movable ring, exactly like the tenaculum forceps 
employed at the present day. No. 13 was used for 



1. (Opusc. Academ. Med. et Philolol., Lips.. H27, 1828, 8r<* 
vol. ii., p. 309.)— 2. (De Med., vii., 26, U, P- 429.) 

243 



CHIUM MARMOR. 



CHLAMYS. 




pulling out hairs by the roots (rptxola6ii). No. 14 
is six inches long, and is bent in the middle. It 
was probably used for extracting foreign bodies that 
had stuck in the oesophagus (or gullet), or in the 
bottom of a wound. 15. A male catheter (cenea 
§stula), nine inches in length. The shape is re- 
markable, from its having the double curve like the 
letter S, which is the form that was reinvented in 
the last century by the celebrated French surgeon, 
J. L. Petit. 16. Probably a female catheter, four 
inches in length. Celsus thus describes both male 
and female catheters : l " The surgeon should have 
three male catheters (ceneas fistulas), of which the 
longest should be fifteen, the next twelve, and the 
shortest nine inches in length ; and he should have 
two female catheters, the one nine inches long, the 
other six. Both sorts should be a little curved, 
but especially the male ; they should be perfectly 
smooth, and neither too thick nor too thin." 17. 
Supposed by Froriep to be an instrument for ex- 
tracting teeth (bdovrdypa 2 ) ; but Kiihn, with much 
more probability, conjectures it to be an instrument 
used in amputating part of an enlarged uvula, and 
quotes Celsus, 3 who says that " no method of op- 
erating is more convenient than to take hold of the 
uvula with the forceps, and then to cut off below it 
as much as is necessary." 18, 19. Probably two 
spatulae. 

CHITON ixiruv). (Vid. Tunica.) 

CHITON'IA Chroma), a festival celebrated in 
the Attic town of Chitone in honour of Artemis, 
surnamed Chitona or Chitonia.* The Syracusans 
also celebrated a festival of the same name, and in 
honour of the same deity, which was distinguished 
by a peculiar kind of dance, and a playing on the 
flute. 6 

♦CHIUM MARMOR (Xiog Wog), a species of 
Marble obtained from the island of Chios. Hill de- 
scribes it as " a very fine and elegantly-smooth 
stone, of a close, compact texture, very heavy, and 
of a fine glossy black, perfectly smooth where bro- 
ken, but dull and absolutely destitute of splendour." 
It is capable, according to the same authority, of 
receiving the highest polish of perhaps any of the 
marbles. It was famous among the ancients for 
making reflecting mirrors, for which the high polish 

1. (De Med., vii., 26, $ 1, p. 429.) — 2. (Pollux, Onom., iv., $ 
181.)— 3. (De Med., vii., 12, t> 3, p. 404.)— 4. (Schol.ad Callim., 
Hymn, m Artem., 78.) — 5 (Athenseus, xiv., p. 629. — Steph. 

EVZ., S. V. XlTlOVT].) 

244 



of which it is susceptible rendered it peculiar^ 
proper. The Chian marble would appear to have 
been of the Obsidian kind, and it is, in fact, some- 
times called " Lapis Obsidianus Antiquorum." 1 The 
name Obsidianus would seem to have been a corrup- 
tion from Opsianus (otyiavbt;, arrb Tfjg oipeog).* 

* CHIUM VINUM (Xiog olvog), Chian Wine, a 
Greek wine made in the island of Chios (the modern 
Scio). It is described by some writers as a thick, 
luscious wine ; and that which grew on the craggy 
heights of Ariusium, extending three hundred stadia 
along the coast, is extolled by Strabo as the best 
of all Greek wines. From Athenaeus we learn that 
the produce of the Ariusian vineyards was usually 
divided into three distinct species : a dry wine, a 
sweetish wine, and a third sort of a peculiar quali- 
ty, thence termed avroKparov. All of them seem to 
have been excellent of their kind, and they are fre- 
quently alluded to in terms of the highest commend- 
ation. The Phanean, which is extolled by Virgil as 
the king of wines, was also the product of the same 
island. The Saprian wine, so remarkable for its 
exquisite aroma, was probably Chian matured by 
great age. 3 

CHLAINA {x^alva). {Vid. L^ena.) 
CHLAMYS (x^afivc dim. xlafxvdiov), a scarf. 
This term, being Greek, denoted an article of thb 
amictus, or outer raiment, which was, in general, 
characteristic of the Greeks, and of the Oriental 
races with which they were connected, although 
both in its form and in its application it approached 
very much to the lacerna and paludamentum of the 
Romans, and was itself, to some extent, adopted by 
the Romans under the emperors. It was for the 
most part woollen ; and it differed from the blanket 
(ifiariov), the usual amictus of the male sex, in 
these respects, that it was much smaller ; also finer, 
thinner, more variegated in colour, and more sus- 
ceptible of ornament. It moreover differed in being 
oblong instead of square, its length being generally 
about twice its breadth. To the regular oblong, a, 
b, c, d (see woodcut), gores were added, either in 
the form of a right-angled triangle, a, e, f, producing 
the modification a, e,g, d, which is exemplified in the 
annexed figure of Mercury, or of an obtuse- angled 




triangle, a, e, b, producing the modification a, e, b,i, 
g, d, which is exemplified in the figure of a youth 
from the Panathenaic frieze in the British Museum 
These gores were called irrepvyeg, wings, and the 
scarf with these additions was distinguished by the 
epithet of Thessalian or Macedonian.* Hence the 
ancient geographers compared the form of the in- 
habited earth (57 oiKovfiivrj) to that of a chlamys. 5 

The scarf does not appear to have been much 
worn by children, although one was given, with its 
brooch, to Tiberius Caesar in his infancy. 6 It was 
generally assumed on reaching adolescence, and 
was worn by the ephebi from about seventeen tc 



1. (History of Fossils, &c, p. 466.)— 2. (Id. ib ) — 3. (Hendor- 
son's History ofWines, p. 77.) — 4. (Etym. Mag.— Lucian, Diar 
Mort.) — 5. (Strabo, ii., 5. — Macrobius, De Somn. Scip., it.) — fi 



(Suet., Tib., 6 i 



CHLAMYS. 



CHLOREUS. 



twenty years of age. 1 It was also worn by the mil- 
itary, especially of high rank, over their body- armour 
(woodcut, p. 133 2 ), and by hunters and travellers, 
more particularly on horseback. 3 

The scarfs worn by youths, by soldiers, and by 
hunters differed in colour and fineness, according 
to theii destination, and the age and rank of the 
wearer. The xtopvc tyrjCiK?} was probably yellow or 
saffron -coloured, and the #Aa//i)f arpanuTiK^, scarlet. 
On the other hand, the hunter commonly went out 
in a scarf of a dull, unconspicuous colour, as best 
adapted to escape the notice of wild animals.* The 
more ornamental scarfs, being designed for females, 
were tastefully decorated with a border (limbus* 
nusander 6 ) ; and those worn by Phoenicians, Tro- 
jans, Phrygians, and other Asiatics were also em- 
broidered, or interwoven with gold. 7 Actors had 
their chlamys ornamented with gold. 8 Demetrius, 
the son of Antigen us, imitating the utmost splen- 
dour of the Asiatics, wore a scarf in which were 
represented in gold thread the stars and the twelve 
signs of the zodiac. 9 

The usual mode of wearing the scarf was to pass 
one of its shorter sides (a, d) round the neck, and 
to fasten it by means of a brooch (fibula), either 
over the breast (woodcuts, p. '47 186), in which 
case it hun§ down the back, reaching to the calves 
of the legs, as in the preceding figure of the young 
Athenian, or even to the heels ; xo or over the right 
shoulder, so as to cover the left arm, as is seen in 
the preceding figure of Mercury, in the woodcut to 
Caust.i, and in the well-known example of the Bel- 
videre Apollo. In other instances $ was made to 
depend gracefully from the left shoulder, of which 
the bronze Apollo in the British Museum (see the 
annexed woodcut) presents an example (puernudus, 
nisi quod ephebica chlamydc sinistrum tegebat hume- 
*■«/«- , ; or it was thrown lightly behind the back, 




and passed over either one arm or shoulder, or over 
both (see the second figure in the last woodcut, ta- 
ken from Hamilton's Vases, i ., 2) ; or, lastly, it was 
laid upon the throat, carried behind the neck, and 
crossed so as to hang down the back, as in the fig- 
ure of Achilles (p. 133), and sometimes its extrem- 
ities were again brought forward over the arms or 
shoulders. In short, the remains of ancient art of 
every description show in how high a degree the 
scarf contributed, by its endless diversity of arrange- 
ment, to the display of the human form in its great- 
est beauty ; and Ovid has told us how sensible the 
ephebi were of its advantages in the following ac- 
count of the care bestowed upon this part of his at- 
tire by Mercury : 

1. 'Philemon, p 367, ed. Meineke. — " Ephebica chlaiiiyde :" 
Apulems, Met, x— Heliod., JEth., i — Plutarch, De Mul. Virt. 
—Pollux, Onom., i., 164.)— 2. (^Elian, V. H., xiv., 10.— The- 
c.'n., Orat., x.— Plaut., Pseud., II., iv., 45.— Epid., III.,iii., 55.) 
—3. (Plaut., Poen., III., iii., 6, 31.)— 1. (Pollux, Onom., v., 18.) 
—5. (Virg., JEn., iv., 137.)— 6. (Virg., JEn., v., 251.)— 7. (Virg., 
II. cc. ; iii., 483, 484 , xi., 775.— Ovid, Met.,v., 51.— Val. Flacc, 
vi., 228.)—8. (Pollux, Onom,iv., 116.)— 9. (Athemeus, xii,, p. 
535 F. ; 536, A.)— 10 (Apuleius, Met., xi.)— 11. (Apulems, x.) 



" Chlamydemque, ut pendeat apte, 
Collocat : ut limbus, totumque appareat aurum. 1 

The aptitude of the scarf to be turned in every 
possible form round the body, made it useful even 
for defence. The hunter used to wrap his chlamys 
about his left arm when pursuing wild animals, and 
preparing to fight with them a Alcibiades died fight- 
ing with his scarf rolled round his left hand instead 
of a shield. 3 The annexed woodcut exhibits a fij* 



7= 





ure of Neptune armed with the trident in his right 
hand, and having a chlamys to protect the left. It 
is taken from a medal which was struck in com- 
memoration of a naval victory obtained by Demetri- 
us Poliorcetes, and was evidently designed to ex- 
press his sense of Neptune's succour in the conflict. 
When Diana goes to the chase, as she does not re- 
quire her scarf for purposes of defence, she draws 
it from behind over her shoulders, and twists it 
round her waist, so that the belt of her quiver pass- 
es across it, as shown in the statues of the goddess 
in the Vatican (see woodcut), and described by Ne- 
mesianus. (Vid. Balteus.) 

It appears from the bas-reliefs on marble vases 
that dancers took hold of one another by the chla- 
mys, as the modern Greeks still do by their scarfs 
or handkerchiefs, instead of taking one another's 
hands. In like manner, Mercury, when he is con- 
ducting Plutus in the dark, bids him to take hold of 
his chlamys in order to follow his steps.* The scarf 
admitted also of being used to recline upon. Thus 
Endymion is represented, both in ancient paintings 
and sculptures, and in the description of Lucian, 5 
sleeping on his chlamys, which is spread upon a 
rock. (Vid. Pileus.) 

Among the Romans, the scarf came more into use 
under the emperors. Caligula wore one enriched 
with gold. 6 Alexander Severus, when he was in 
the country or on an expedition, w r ore a scarf dyed 
with the coccus (chlamyde coccinca 1 ). 

CHLOEIA or CHLOIA (XMeta or XAow), a fes 
tival celebrated at Athens in honour of Demeter 
Chloe', or simply Chloe, whose temple stood near 
the Acropolis. 8 It was solemnized in spring, on the 
sixth of Thargelion, when the blossoms began to ap- 
pear (hence the names x^V and x^oeia), with the 
sacrifice of a ram, and much mirth and rejoicing. 9 

* CHLOREUS or CHLOR'ION (x^P^C, x* u (>- 
lov), two names belonging, probably, to one and the 
same bird, the Golden Oriole, or Oriolus galbula, L. 
^Elian errs when he calls the female x~ Au pk and 
the male ^Awpujv, and his error is supposed to have 
arisen from his copying Aristotle carelessly. 10 

1. (Met., ii., 735.) — 2. (Pollux, Onom., v., 18. — ncpte^ilavTa 
8 a^7T£%£rat irepi r/)v %ttpa : Xen., Cyneg., vi., 17.) — 3. (Plut., 
Alcib.)— 4. (Lucian, Timon, 30.)— 5. (Dial., vol. i., p. 232, ed. 
Hemsterh.)— 6. (Suet., Calig., 19.)— 7. (Lamprid., Al. Sev.,40. 
— Compare Matt., xxvii, 28, 31.)— 8. (Hesych., 8. v. XXotd.— 
Athen., xiv., p. 618.— Sophocl., CEd. Col., 1600, with the scho- 
liast.— Paus.,i., 22, $ 3.)— 9. (Eupolis, ap. Schol. ad Soph., (Ed 
Col., 1. c.)— 10. (Aristot., H. A., ix., 2— ^lian, N A., iv , 47 
— Adams, Append, s. v.) 

245 



CHORAGUS. 



CHORUS. 



♦CHLORIS (x^upk) the name of a Bird descri- 
bed by Aristotle. Gesner, upon the authority of 
Turner, holds it to be the Greenfinch, or Fringilla 
chloris, Temminck. 1 

CHOES (Xoee). (Vid. Dionysia.) 

CHOENIX {x°~ LVl %\ a Greek measure of capaci- 
ty, the size of which is differently given ; it was 
probably of different sizes in the several states. 
Pollux, 8 Suidas, Cleopatra, and the fragments of 
Galen, 3 make it equal to three cotylae (=1-4866 pints 
English) ; another fragment of Galen* and other au- 
thorities 5 make it equal to four cotylae (=19821 
pints English) ; Rhemnius Fannius 6 and another 
fragment of Galen 7 make it eight cotylae (=39641 
pints English). 8 

*XOIP02 IIOTAM'IOS (xoipoc ttotuuloc), a spe- 
cies of Fish, probably the Ruffe, or Pcrca cernua, L. 
It is a small fish, of good flavour ; rather olive, and 
spotted with brown. 9 

CHORA'GUS, a person who had to bear the ex- 
penses of the choragia, one of the regularly-recur- 
ring state burdens (kyuvKliot "kurovpyiaC) at Athens. 
Originally (as is shown in the article Chorus) the 
chorus consisted of all the inhabitants in the state. 
With the improvement of the arts of music and 
dancing, the distinction of spectators and perform- 
ers arose ; it became more a matter of art to sing 
and dance in the chorus ; paid performers were em- 
ployed ; and at last the duties of this branch of wor- 
ship devolved upon one person, selected by the state 
to be their representative, who defrayed all the ex- 
penses which were incurred on the different occa- 
sions. This person was the choragus. It was the 
duty of the managers of a tribe (eiuuelrjTal <j)v?.jjc) 
to which a choragy had come round, to provide a 
person to perform the duties of it ; and the person 
appointed by them had to meet the expenses of the 
chorus in all plays, tragic or comic (rpayudole, ku- 
audoLc), and satirical ; and of the lyric choruses of 
men and boys, the pyrrhichistae, cyclian dancers, 
and flute-players (xoprjyelv dvdpdai, or avSpinoZc %o- 
jolg, naidiKOic x°P°^ c t "xvppixiGTaZr, kvkT^'hj %op&, a ^" 
XriraZe avdp&Giv), &c. He had first to collect his 
chorus, and then to procure a teacher (xopodLddana- 
2,oc), whom he paid for instructing the choreutae. 
The choragi drew lots for the first choice of teach- 
ers ; for as their credit depended upon the success 
of their chorus in the dramatic or lyric contests, it 
was of great importance to them whose assistance 
they secured. 10 When the chorus was composed of 
boys, the choragus was occasionally allowed to 
press children for it, in case their parents were re- 
fractory. 11 The chorus were generally maintained, 
during the period of their instruction, at the expense 
of the choragus, and he had also to provide such 
meat and drink as would contribute to strengthen 
the voice of the singers (01 de xopvyoi roZc x°P ev - 
raZc iyxekia nal dpidaKta nal oK£?i\i6ac nal uveT^bv 
TrapaTidivTEC, evux ovv E7« tzo?\,vv xP® v0V i fyuvaoKov- 
fievovc nal Tpvfyuvrac 12 ). The expenses of the differ- 
ent choruses are given by Lysias 13 as follow : Cho- 
rus of men, 20 minae ; with the tripod, 50 minae ; 
pyrrhic chorus, 8 minae ; pyrrhic chorus of boys, 7 
minae ; tragic chorus, 30 minae ; comic, 16 minae ; 
cyclian chorus, 300 minae. According to Demos- 
thenes, 1 * the chorus of flute-players cost a great deal 
more than the tragic chorus. The choragus who 
exhibited the best musical or theatrical entertain- 
ment, received as a prize a tripod, which he had 

1. (A.nstot., H. A., viii., 5.— Adams, Append., s. v.) — 2. (iv., 
23 )—3 (c. 7 and 9.) — 4. (c. 5.)— 5. (Paucton, Metrolog., p. 
233.)— 6- (v., 69.)— 7. (c. 8.)— 8. (Wurm, De Pond, et Mens., 
&c, p. 132, 142, 199. — Ikissey on Anc. Money and Measures, 
p. 209 and 214.)— 9. (JEliau, N. A., xiw, 23.)— 10. (Demosth., c. 
Mid., p. 519.)— 11. (Antiphon.. De Choreuta, p. 767, 768.)— 12. 
(Plutarch, De Glor. Ath., p. 349, A.)— 13. ('AttoA. Supo6., p. 
69S )— 1 1 (Mid., p. 565.) 
246 



the expense of consecrating, and sometimes he had 
also to build the monument on which it v* as placed. 
There was a whole street at Athens formed by the 
line of these tripod-temples, and called " The Street 
of the Tripods." The laws of Solon prescribed 40 
as the proper age for the choragus, but this law was 
not long in force. 

On the subject of the choragia, see Bockh's Vubl. 
Econ. of Athens, ii., p. 207, &c. 

CHORE'GIA (xopvyia). (Vid. Choragus.) 

XO'PIOT AIKH (x u P L0V Mm?), a suit to recover 
land, was a diadicasia within the jurisdiction of the 
thesmothetae. The parties to a suit of this kind 
were necessarily either Athenian citizens, or such 
favoured aliens as had had the power of acquiring 
real property in Attica (yrjc kcu oiniac eynrrjcie) be- 
stowed upon them by special grant of the people. 
Of the speeches of Isaeus and Lysias in causes of 
this kind, the names are all that survive. 

CHORUS (x°P°c)> a band of singers and dancers, 
engaged in the public worship of some divinity. 
This is, however, only the secondary meaning of 
the Greek word. The word x o P°Ci which is con- 
nected with x&P C> X&pa-, x properly denoted the 
market-place, where the chorus met. Thus Homer 
calls the dancing-place the x°P°C ; 1eif)vav 61 x°pov :* 
TrenAnyov de x°P° v &£lov ttogiv : 3 66i t' 'Ho£f rjpiyevd' 
itjc olnia nal x°P 0i Elcn : * evda 6' eaav NvfiQeuv kclXol 
xopol t]8e dooKoi.s Now the dancing-place for the 
public chorus in a Greek town would naturally be 
the largest space which they had, i. e., the market- 
place, which was called by the more general name 
of " the place" or " the space" (xopdc). Thus the 
dyopd at Sparta was called the x°P°C- 6 -^- nQ evpv- 
xopoc is a common epithet of a large city : thus 
Sparta 7 and Athens 9 are both called evpvxopog, 
which either meant " having a wide chorus or mar- 
ket," or, generally, "extensive" (evpvxupoc), as 
when it is applied as an epithet to 'Acta in Pindar.' 
Thus, also, the king says to the chorus, in the Sup- 
plies of ^Eschylus, 19 Aawv kv ^wpcj tuogzoQz. 

This explanation of the word x°poc is impoitant, 
from its connexion with the idea of a primitive cho- 
rus. In the oldest times the chorus consisted of 
the whole population of the city, who met in the 
public place to offer up thanksgivings to their coun- 
try's god, by singing hymns and performing corre- 
sponding dances. The hymn, however, was not 
sung by the chorus, but some poet or musician sang 
or played the hymn, and the dancers, who* formed 
the chorus, only allowed their movements to be 
guided by the poem or the tune. The poet, there- 
fore, was said to " lead off the dance" (k^apxecv 
/2o2.7V7jc), and this was said not merely of the poet, 11 
but also of the principal dancers; 13 and even the 
leader of a game at ball is said upxeaOcu fj.olTT7Jc. 
From this it will be seen that the words iie?nrecdat 
and fio7,nT], when used in speaking of the old chorus, 
imply the regular, graceful movements of the dan- 
cers ; 13 and the cumolpids were not singers of hymns, 
but dancers in the chorus of Demeter and Dionysus. 
This old chorus, or the chorus proper, was always 
accompanied by the cithara, the lyre, or the phor- 
minx, which were different kinds of stringed instru- 
ments ; when the accompaniment was the flute, it 
was not a chorus, but an dylata or a KUfioc, a much 
more riotous affair, which was always rather of the 
nature of a procession than of a dance, and in which 
there was often no exarchus, but every one joined 
into the song or cry of joy at his pleasure. Such a 



1. (New Cratylus, p. 361.)— 2. (Od., viii., 260.)— 3. (1., 264.) 
(xii., 4.)— 5. (1., 318.)— 6. (Pausan., iii., 11, 9.)— 7. (An- 
axandrides, ap. Athen., p. 131, C.) — 8. (Oracul. ap. Demoslh.. 
Mid., p. 531.)— 9. (01., vii., 18.)— 10. (v., 976)1-11 (Soe the 
passages quoted in the Theatre of the Greeks, 4tn edition, p 
21.)— 12. (II., xviii., 604.)— 13. (II., xvi., 162.— Hymn. Pylh. 
Apoll., 19.) 



CHORUS. - 



CHORUS 



omus was the hymenaeal or bridal procession, 
though this seems to have been a mixture of the 
chorus and the comas, for the harp and a chorus of 
damsels are mentioned in the descriptions of it by 
Homer and I1«shh1. The former merely says, 1 "A 
loud hjmei.d-.na a'ose; young men skilled in the 
dance moved Hionud ;.and among them flutes and 
harps resounded" (avXol, (poputyyec re). Hesiod's 
description is murh more elaborate : 3 " The inhab- 
itants (of the fortified city which he is describing) 
were enjoying themselves with festivities and dan- 
ces {uyTialaic re x°P°^C r ^) '• the men, (i. e., the Kcifiog) 
were conducting the bride to her husband on the 
well-wheeled mule-car ; and a loud hymcnizus arose ; 
from afar was seen the gleam of burning torches 
carried in the hand of slaves ; the damsels (t. c, the 
X»poc) were moving forward in all joy and festivity 
\<j.y\ain redalviai) ; and they were both attended by 
sportive choruses. The one chorus, consisting of 
men (the kcj/zoc), were singing with youthful voices 
to the shrill sound of the pipe (t. e., ovptyt;) ; -the 
other, consisting of the damsels (the x°P°s)> were 
leading up the cheerful chorus (a. e., were dancing) 
to the notes of the harp (<pop[uytj)." This account 
of the hymenals is immediately followed by a de- 
scription of the comus proper, i. e., a riotous pro- 
;esssion after a banquet. " On another side, some 
young men were moving on in the comus (e/ccj//a£bv) 
iO the sound of the flute ; some were amusing them- 
selves with singing and dancing ; others moved on 
aughing, each of them accompanied by a flute-player 
{i)T? avlrjTripi eKaaroc). The whole city was filled 
with joy, and choruses, and festivity" {dakiai re 
■{ppoi te dyXatai re). 

The chorus received its first full development in 
the Doric states, and in them it was particularly 
connected with their military organization. The 
Dorian chorus was composed of the same persons 
who formed their battle-array : the best dancers 
and the best fighters were called by the same name 
(7rpv\eec.) ; the back rows in each were called " un- 
equipped" (ipt?Leir), and the figures of the dance 
were called by the same name as the evolutions of 
the army. 3 The Doric deity was Apollo ; conse- 
quently, we find the Doric chorus, which was prop- 
erly accompanied by the lyre, and of which the lyric 
poetry of the Greeks was the legitimate offspring, 
immediately connected with the worship of Apollo, 
the inventor of the lyre. The three principal Doric 
choruses were the pyrrhic, the gymnopcedic, and the 
hyporchematic. These were afterward transferred 
to the worship of Bacchus, and appear as the three 
varieties of the dramatic chorus, which celebrated 
the worship of that divinity : the emmeleia, or tragic 
dance, corresponded to the gymnopadic, the comic 
dance to the hyporcheme, and the satyric to the 
pyrrhic. All these dances were much cultivated 
and improved by Thaletas, who introduced a com- 
bination of the song and dance for the whole chorus, 
of which Lucian speaks when he says, bv way of 
contrast to the pantomimic dancers of more modern 
times :* fluAai fxev yap ol avrol nal ydov icai upxovv- 
rc, " in older times the same performers both 
Bang and danced." This extension of the song of 
the exarchus to the whole chorus seems to have 
given rise almost naturally to the division of the 
chorus into strophes and antistrophes, which Ste- 
sichorus farther improved by the addition of an epode, 
thus breaking through the monotonous alternation 
of strophe and antistrophe by the insertion of a 
stanza of a different measure. This improvement 
is referred to in the proverb, Ovde ru. rpia ZTncn- 
%opov yiyvuoKtic. The choruses of Stesichorus 



(I 1 . xviii.. 492.)— 2. (Scut, 
i iii., 12, ^ 10; iv «. t>i.)- 



Herc, 270.)— 3. (Mfiller's Do- 
-4. (De Saltat., c. 30.) 



consisted of combinations of rows of eight danceia; 
and, from his partiality to the number 8, we have 
another proverb, the irdv-a oktu of the gramma 
rians. 

The most important event in the history of Greek 
choral poetry was the adaptation of the dithyramb, 
or old Bacchic song, to the system of Doric chorus 
es ; for it was to this that we owe the Attic drama. 
The dithyramb was originally of the nature of a 
Ktjfioc : it was sung by a band of revellers to a flute 
accompaniment ; and in the time of Archilochus 
had its leader, for that poet says that " he knows 
how to lead off the dithyramb, the beautiful song of 
Dionysus, when his mind is inflamed with wine :" 1 

n £2f AtuvvaoV uvciktoc naXbv s^dp^at jiDiOc 
olda 6i6vpa/x6ov olvo) cvyKspavvudeie Qpsvac. 

Arion, the celebrated player on the cithara. was tr o 
first to practise a regular chorus in the dithyramb, 
and to adapt it to the cithara. This he did at Cui 
inth, a Doric city ; and therefore we may suppose 
that he subjected his dithyramb to all the conditions 
of Doric choral poetry. The dithyramb was danced 
round a blazing altar by a chorus of 50 men 01 
boys ; hence it was called a circular chorus (kvk?uo$ 
xopoc) ; the dithyramb ic poet was called kvk?uo6l- 
daonaTiOc, and Arion is said to have been the son of 
Cycleus. 

Aristotle tells us that tragedy arose from the re- 
citations of the leaders of the dithyramb (uko tuv 
k^apxovTdv tuv dtdvpanluv*) ; and we know from 
Suidas that Arion was the inventor of the tragic style 
(rpayiKov rpoirov evpev?]c 3 ). This latter statement 
seems to refer to the fact that Arion introduced 
satyrs into the dithyramb ; for the satyrs were also 
called rpdyot, 4 so that Tpay^did, " the song of the 
satyrs," is the same as " the satyric drama." This 
tragic or satyric drama arose from the leaders of 
the dithyrambic chorus, as arranged by Aiion. If 
we examine the use made of this dithyrambic cho- 
rus by yEschylus, we shall easily see what is the 
meaning of Aristotle's statement. In the tragic 
trilogies of .^Eschylus we find a chorus and two 
actors. As tragedy arose from the leaders of the 
dithyramb, the first beginning would be when the 
poet Thespis, as leader of his dithyrambic chorus, 
either made long Epic or narrative speeches, 01 
conversed with his chorus. The improvement of 
iEschylus, then, was to introduce a dialogue be- 
tween two of the exarchi, who would thus become 
actors. Consequently, we should expect that in the 
time of iEschylus the dithyrambic chorus of 50 
would be succeeded by a tragic chorus of 48, and 
two actors. And this we find to be the case. If 
we examine the extant trilogy — the Orestea — we 
find that the Agamemnon has a chorus of 12 old 
men ; the Cho'epho*-oz, a chorus of either 12 or 15 
women ; and the Eumrnides, a chorus of 15 furies : 
this would leave 9 or 6 for the chorus of the satyric 
drama appended to the trilogy, according as we 
take the smaller or greater number for the chorus 
in the Cho'ephorce. It seems more probable that we 
should take the larger number ; for it »s probable 
that, in most cases, ^Eschylus would divide Die 
main chorus of 48 into four subchoruses of 12 ; for 
24 was the number of the comic chorus , and as 
comedies were acted in single plavs, it is not un- 
likely that they would assign to a. comic poet double 
the chorus used by the tragedian in his single plays, 
or half his whole chorus. If so, the satyric drama 
might, as less important, be contented with half the 
ordinary tragic chorus, when the exigencies of the 
piece rendered it desirable to increase the chorus 
from 12 to 15 in one or more of the individual plays. 



1. (Athenseus. p. 6-28, A.)— 2. (Poet., 4.) 
rod., i , 23.) — 4. (Ile&ych., s v Tptiyouj.) 



-3 (Compare II©- 

247 



CHKEUUS DIKE. 



CHilYSITES. 



Besides, if the chorus of Stesichorus, which was 
antistrophic, and therefore quadrangular, consisted 
of 48, as it is not improbable, and this chorus of 48 
was divided into rows of eight (as in iruvra oktu), 
six would be an element of the regular chorus, and, 
therefore, a fit number to represent its least impor- 
tant par" See on this subject Muller, 1 from whose 
view tl . account here given differs in some par- 
ticulars 

The tragic chorus, though quadrangular, still 
mustered around the thymele, or altar of Bacchus in 
the theatre, thereby showing some last traces of its 
dithyrambic origin ; and though the lyre was its 
general accompaniment, it did not by any means 
repudiate the flute, the old accompaniment of the 
dithyramb. When the chorus consisted of 15, it 
entered the orchestra either in ranks three abreast, 
or in files five abreast ; in the former case it was 
said to be divided nard Cpya, in the latter nard aroi- 
Xovc. No doubt a similar distinction was made in 
the case of the chorus of 12. 

The expense of the chorus, as it is stated in the 
article Choragus, was defrayed by the choragus, 
who was assigned to the poet by the archon. In 
the case of a dramatic chorus, the poet, if he in- 
tended to represent at the Lenaea, applied to the 
king archon ; if at the great Dionysia, to the chief 
archon, who " gave him a chorus" if his play was 
thought to deserve it ; hence x°P ov dt-dovai signifies 
" to praise or approve a poet." 3 The successful 
poet was said to " receive the chorus." 3 The comic 
dance was not at first thought worthy of a public 
chorus, but the chorus in that species of drama was 
at first performed by amateurs (edeXovrai*), as was 
also the case with the dithyramb in later times. 5 

CHOUS or CHOEUS (*<%, or xoevc), a Greek 
measure of liquids, which is stated by all the author- 
ities to be equal to the Roman congius, and to con- 
tain six Ziorai or sextarii (—5-9471 pints English). 
Suidas alone makes a distinction between the xovg 
and the ^oeiV, making the former equal to two sex- 
tarii, and the latter equal to six. Now when we 
remember that the x°^ c was commonly used as a 
drinking vessel at Athenian entertainments ; 6 that, 
on the day of the x° £ C ( w ^- Dionysia), a prize was 
given to the person who first drank off his x°^ c \ 
and that Milo of Croton is said to have drunk three 
Xoec of wine at a draught, 7 it is incredible that, in 
these cases, the large x°^ c mentioned above could 
be meant. It seems, therefore, probable that there 
was also a smaller measure of the same name, con- 
taining, as Suidas states, two sextarii, =1-9823 
pints English. At first it was most likely the com- 
mon name for a drinking vessel. According to 
Crates, 8 the x°v£ had originally a similar form to 
the Panathenaic amphora?, and was also called 
ne?uK7]. 9 

XPEOTS AIKH (xptove dinri), a simple action for 
debt, was, like most of the other cases arising upon 
an alleged breach of contract, referred to the juris- 
diction of the thesmothetae when the sum in ques- 
tion amounted to more than ten drachmae. If oth- 
erwise, it fell under the cognizance of those itiner- 
ant magistrates, who were originally thirty in num- 
ber, and styled, accordingly, vl rptdnovTa : but af- 
terward, in consequence of the odium attached to 
this name, which had also served to designate the 
oligarchic tyrants, received an accession of ten col- 
leagues and a corresponding change of title. 10 If 
the cause could be classed among the ep.fj.nvoi 6cKat, 

1. (Eumeniden, v 1, &c.)— 2. (Plato, Rep., p. 383, C.)— 3. 
(Aristoph., Ran., 94. —4. (Aristot., Poet., 5.)— 5. (Vid. Aristot., 
Probl., xv , 9. — Rhet., iii., 9.) — 6. (Arstoph., Acham., v., 1086, 
ed. Dind.)— 7. (Athen., lib. x.)— 8. (Athen., xi., p. 496.)— 9. 
(Pollux, Onom., x., 73.— Wurm, De Poud., &c, p. 127, 136, 
141, 198. — Ilussey on Anc. Money, Measures, &c, p. 211-213.) 
—10. (Pollux, Onom-, Tiii., 100.) 
248 



as, for instance, when the debt arose upon a mer 
cantile transaction, the thesmothetae would still have 
jurisdiction in it, though one of the parties to the 
suit were an alien ; otherwise it seems that when 
such a person was the defendant, it was brought 
into the court of the polemarch. 1 If the cause were 
treated as a Sckt) 'EpTropucrj, as above mentioned, the 
plaintiff would forfeit a sixth part of the sum con- 
tested upon failing to obtain one fifth of the votes 
of the dicasts ; 2 but we are not informed whethe) 
this regulation was applicable, under similar circum- 
stances, -in all prosecutions for debt. The speech 
of Demosthenes against Timotheus was made in d 
cause of this kind. 

*CHROMIS or CHREMPS {xpofjuc, XP&m, or 
Xpe/tip), a species of Fish, the same with the Sjparus 
Chromis, L., and called in French Matron. Ron- 
delet says it is a small fish, and little esteemed. 
According to Cuvier, it is a chestnut-brown fish, 
taken by thousands in the Mediterranean. The 
fishermen on the coast of Genoa call it Castagno, on 
account of its chestnut colour. The Chromis Nilot- 
ica, on the other hand, is of an agreeable flavour, 
and is considered the best fish in the Nile. 3 

*CHRYS'ALIS or CHRYSALLLS, a name ap- 
plied to the first apparent change of the eruca, or 
maggot, of any species of insect. In a special 
sense, it denotes the " tomb of the caterpillar and 
the cradle of the butterfly." The name has refer- 
ence to the golden colour (xP va °Ci "gold") which the 
chrysalis generally assumes. 4 

*CHRYSANTH / EMUM (xpvadvdepov), the Corn 
Marygold, or Chrysanthemum coronarium. The 
Greek name has reference to its golden- hued flow 
ers. Another appellation is (3ov([>dahpov, though this 
in strictness belongs to the Ox-eyed Daisy, or 
Chrysanthemum leucanthemum. Fee thinks that Vir- 
gil means the C. coronarium by the Chrysanthus of 
which he speaks in the Culex. 5 The modern Greeks 
call this plant Tfir^/ztfdAa, and in the Archipelago, 
MavTaXiva. Sibthorp found it among the villages, 
and by the margins of roads. 6 

♦CHRYSELECTRUM {xpvaTjleKTpov), a variety 
of Amber. Fourcroy calls it " transparent amber 
of a golden yellow colour." 7 

*CHRYSELECTRUS (xpvaijleKTpoc), a name 
applied to the Indian Chrysoliths (Yellow Sapphire, 
or Oriental Topaz), having a foil of brass laid under 
them, and hence approaching in their colour to 
amber, or electrum. 8 

CHRYSE'NDETA, costly dishes used by the 
Romans at their entertainments. They are men- 
tioned several times by Martial, 9 and, from the epi- 
thet flava which he applies to them, as well as from 
the analogy of the name, they appear to have been 
of silver, with golden ornaments. Cicero 10 men- 
tions vessels of this kind. He calls their golden 
ornaments in general sigilla, but again distinguish- 
es them as crustce and emblemata ; 11 the former were 
probably embossed figures or chasings fixed on to 
the silver, and the latter inlaid or wrought into it. 12 
The embossed work appears to be referred to by 
Paullus (cymbia argenteis crustis illigata* 2 ), and the 
inlaid ornaments by Seneca (argentum, in quod solidi 
auri calatura descenderit 1 *). 

♦CHRYSFTES (xpvciTvc), another name for tlie 
Basanites lapis, or Touchstone, from its use in test- 
ing gold. 16 



1. (Meier, Att. Proc, 55.)— 2. (Suid., s. r 'En-w^Aia .)— 3 
(Aristot., II. A., iv., 8. — ^Elian, N. A., ix., 17.— Ovid, Hal., 121 
— Plin., H. N., ix., 16. — Adams, Append., s. v.) — 4. (Plin., H 
N., xi., 32, 35.)— 5. (v., 404.)— 6. (Billerbeck, Flora Classica, p 
219.) — 7. (Fourcroy's Chemistry, c. 14. — Adams, Append., s. v.) 
—8. (Plin., H. N., xxxvii., 9.)— 9. (ii., 43, 1 1 ; vi., 94 ; xiv., 97.)— 
10. (Verr., iv., 21-23.)— 11. (c. 23.)— 12. (Compare c. 24.)— Ii. 
(Dig. 34, tit. 2, s. 33.)— 14. (Ep., v.)— 15. (Plin., II. N., xxx» ; 
99 i 



CHRYSOPHRYS. 



CHTHONIA. 



•CHRYSPTIS ( #/n><rmf ), supposed to have beei. 
the yellow oxide of lead, used as a pigment by the 
ancients, and forming one of the three varieties of 
litharge (Xiddpyvpoc) described by Dioscorides 1 and 
Pliny. 2 Its name was, in all likelihood, derived from 
its yellow and shining colour, resembling that of 
gold. 3 

*CHRYSOCO'LLA (xP^°^Ua). "The an- 
cients," remarks Adams, " applied this term to two 
distinct substances : First, to a mineral called Chry- 
socollx by Aiken, Malachite by Kidd, and Copper 
Green by Jameson and Cleaveland. It consists al- 
most entirely of oxide of copper and silex. — Second, 
to a factitious substance prepared from soda and 
copper in the manner described by Pliny.* It is 
often confounded with the Borax, or Soda: Boras of 
the moderns, from its being used like Borax in sol- 
dering gold. There is much misapprehension in the 
descriptions of the ancient Chrysocolla given by 
Matthiolus, Agricola, Milligan, and most of the mod- 
ern commentators, which it is proper to caution the 
student of ancient science not to be misled by." 5 

*CHRYSOC'OME ( xpvooKo/tJi), a species of 
Toadflax, the Linaria Linosyris of Bauhin, which is 
the same with the Chrysocome Linosyris, L. Pliny 
says it wants a proper appellation in the Latin lan- 
guage. Anguillara and Matthiolus were unable to 
determine what kind of plant it was. 6 

♦CHRYSO'LITHUS (xpvcoXcdoc), a Precious 
Stone, the same with the modern Topaz. Its pre- 
vailing colour is yellow, whence the ancient appel- 
lation. The ijievdoxpvGoXidoc was stained crystal. 7 
" The name Chrysolilhus," remarks Dr. Moore, " ap- 
pears to have been applied somewhat loosely by the 
ancients, as the modern term is, to a great variety 
of minerals. The Chrysolites obtained from Ethi- 
opia were ' aureo fulgore transLucentes ;' but to these 
were preferred the Indian, which may have been 
the yellow sapphire, or Oriental topaz. The best 
were set open. Underneath others a foil of brass 
was laid. These were called chryselectri, whose 
colour approached to that of amber (electrum). 
Those of Pontus might be distinguished by their 
lightness. They were, perhaps, yellow quartz, the 
Bohemian topaz ; or yellow fluor spar, the false to- 
paz , whose specific gravities are to that of the Ori- 
ental topaz as three and four respectively to five. 
The Chrysolite obtained in Spain, from the same 
locality with rock-crystal, we may suppose was yel- 
low quartz. Such as had a white vein running 
through them, called hence leucochrysi, were proba- 
bly agate ; yellow quartz with a vein of chalcedony ; 
and the capnia we may translate smoke-topaz. 
Some resembled glass of a bright saffron colour ; 
and those made of glass could not be distinguished 
by the sight, but might be detected by the touch (of 
the tongue, no doubt), as being warmer." 8 

♦CHRYSOME'LUM ( xpvo-6p:7i!ov), according to 
Billerbeck, the sweet Orange, and not a species of 
Quince, as it is sometimes styled. It is a variety 
of the Citrus Aurantium, L. 9 

♦CHRYSO'PIS (xpvouiric), a species of Precious 
Stone, having, according to Pliny, the appearance 
of gold. Dalecamp takes it for Hyacinth. 10 

♦CHRY'SOPHRYS (xpvaoQpvg), a large species 
of Fish, answering to the Gilt Head or Gilt Poll, the 
Sparus auraU, L. The Greek name, which means 
4 golden eyebrow," was given to it on account of a 
crescent-shaped band of a golden hue extending 
from one eye to the other. Du Hamel says its 
flesh is delicate, but rather dry ; according to Xen- 
ocrates, it is firm and nutritious. " With the ex- 



1. (v., 102.)— 2. (B. N., xxxiii., 35.)— 3. (Moore's Anc. Min- 
eralogy, p. 61.) — 4. «H. N., xxxiii., 29.)— 5. (Adams, Append., 
*. v.) — 6. (Dioscor., •»., 55. — Adams, Append., s. v.) — 7. (l»iod. 
Sic, ii., 51.)— 8. (A-c. Mineral., p. 170.)— 9. (Billerbeck, Flora 
Classica, p. 132.)—' I. (Plin., II. N., xx.vvii., 10.) 

r i 



ception of the bright band between the eyes, we can 
find nothing in the Chrysophrys of the ancients," 
observes Griffith, " that is absolutely characteristic 
of the modern fish of the same name ; though, at 
the same time, we find nothing which can give rise 
to exclusion. According to Aristotle, the chryso- 
phrys has two pairs of fins ; its pyloric appendages 
are few in number ; it remains close to the coasts, 
and in salt marshes or pools ; it spawns in summer, 
and deposites its eggs at the mouths of rivers ; the 
great heats oblige it to conceal itself ; the cold also 
causes it to suffer ; it is carnivorous, and the fish- 
ermen take it by striking it with a trident while 
asleep. JElian tells us that it is the most timid of 
fishes : some branches of poplar, implanted in the 
sand during a reflux, so terrified the chrysophrys 
which were brought back by the flood, that on the 
succeeding reflux thev did not dare to move, and 
suffered themselves to be taken by the hand. That 
the Aurata of the Latins was the same fish as the 
Chrysophrys of the Greeks, is evident from a pas- 
sage in Pliny, which is manifestly taken from Aris- 
totle, and where the first word is put as a transla- 
tion of the second. Columella tells us that the 
Aurata was of the number of those fishes which the 
Romans brought up in their vivaria ; and even the 
inventor of vivaria, Sergius Orata, appears to have 
derived from this fish the surname which he bore, 
and which he left to his branch of the family. It 
was, above all, the Aurata of the Lucrine lake that 
the Romans esteemed ; and Sergius, who obtained 
nearly entire possession of that lake, in all probabil- 
ity introduced the species there." 1 

*CHRYSOPRASTUS LAPIS (xp^oTtpaaog), the 
Chrysoprase, a precious stone, resembling in colour 
the juice of the leek {irpdaov), but with somewhat 
of a golden tinge {xpvooe, " gold"), whence the 
name given it. What is now called Chrysoprase, 
however, by Jameson and Aiken, could hardly, as 
Adams thinks, have been known to the ancients, 
since it is iound only in Lower Silesia. It is com- 
posed almost entirely of silex, with a small admix 
ture of nickel, to which it owes its colour. The 
Chrysoprase of the ancients, on the other hand, was 
most probably a variety of the Prasus. 2 

CHTHONTA {XOovia), a festival celebrated at 
Hermione in honour of Demeter, surnamed Chtho- 
nia. The following is the description of it given by 
Pausanias : 3 " The inhabitants of Hermione cel- 
ebrate the Chthonia every year, in summer, in this 
manner : They form a procession, headed by the 
priests and magistrates of the year, who are follow- 
ed by men and women. Even for children it is 
customary to pay homage to the goddess by joining 
the procession. They wear white garments, and on 
their heads they have chaplets of flowers, which they 
call KoafioadvdaTiOi, which, however, from their size 
and colour, as well as from the letters inscribed on 
them, recording the premature death of Hyacinthus, 
seem to me to be hyacinths. Behind the procession 
there follow persons leading by strings an untamed 
heifer, just taken from the herd, and drag it into the 
temple, where four old women perform the sacrifice, 
one of them cutting the animal's throat with a 
scythe. The doors of the temple, which during 
this sacrifice had been shut, are thrown open, and 
persons especially appointed for the purpose lead 
in a second heifer, then a third and a fourth, all of 
which are sacrificed by the matrons in the manner 
described. A curious circumstance in this solem- 
nity is, that all the heifers must fall on the same 
side on which the first fell." The splendour and 
rich offerings of this festival are also mentioned 

1. (Aristot., H. N., i., 5. — JElian, N. A., xiii., 28.— Cuvier, 
An. King., vol x., p. 163, 312, ed. Griffith ) —2. (Adaxot, Ap- 
perul., s. v.) — 3. (ii., 35, $ 4.) 

249 



CICADA 



CIMEX. 



by .'Elian, 1 who, however, makes no mention of 
the matrons of whom Pausanias speaks, but says 
that the sacrifice of the heifers was performed by 
the priestess of Demeter. 

The Lacedaemonians adopted the worship of De- 
meter Chthonia from the Hermioneans, some of 
w r hose kinsmen had settled in Messenia ; 2 hence 
we may infer that they celebrated either the same 
festival as that of the Hermioneans, or one similar 
to it. 

CHYTRA {xvrpa), an earthen vessel for common 
use, especially for cooking. It was commonly left 
unpainted, and hence all unprofitable labour was de- 
scribed by the proverb x^ T P av TrottciXleiv. 3 

*CICA'DA (tettl!;), a species of Insect, frequent- 
ly mentioned by the classical writers. According 
to Dodwell,* it is formed like a large fly, w r ith long 
transparent wings, a dark brown back, and a yellow 
belly. It is originally a caterpillar, then a chrysa- 
lis, and is converted into a fly late in the spring. 
Its song is much louder and shriller than that of the 
grasshopper, as Dodwell terms the latter. This wri- 
ter says that nothing is so piercing as their note ; 
nothing, at the same time, so tiresome and inhar- 
monious ; and yet the ancient writers, and espe- 
cially the poets, praise the sweetness of their song ; 
and Plutarch 5 says they were sacred to the Mu- 
ses. According to iElian, 6 only the male Cicada 
sings, and that in the hottest weather. This is 
confirmed by the discoveries of modern naturalists. 
The Cicada is extremely common in the south of 
Italy. It is found also in the United States, being 
called in some parts " the Harvest-fly," and in oth- 
ers, very erroneously, " the Locust." The Cicada 
has a sucker instead of a mouth, by which it lives 
entirely on liquids, such as dew and the juices of 
plants. The song of the Cicada, as it has been 
called, is made by the males for the purpose of call- 
ing to their females in the season of reproduction, 
and it is made by the action of certain muscles 
•jpon two membranes, turned in the form of a ket- 
Ue-drum, and lodged in the cavity of the belly. Sev- 
eral species of Cicada are described by Aristotle, 7 
Suidas, and iElian, 8 but more especially two, name- 
ly, ol fieyu?>,oi reTTcyeg, ol adovrec, called also dxerai, 
and ol /LLinpoi, called also reTrijovia. The former 
w T ould appear to be the Cicada plebeia, the latter 
the Cicada orni. This insect is called Cicale in 
Italian, and Cigale in French. " The Tettix," ob- 
serves Kirby, " seems to have been the favourite 
of every Grecian bard, from Homer and Hesiod to 
Theocritus. Supposed to be perfectly harmless, 
and to live only on the dew, they were addressed by 
the most endearing epithets, and were regarded as 
all but divine. So attached, indeed, were the 
Athenians to these insects, that they were accus- 
tomed to fasten golden images of them in their 
hair, implying, at the same time, a boast, that they 
themselves, as well as the Cicada, were 'terra 
fiUi? or children of the earth." 9 Anacreon, in one 
of his odes, 10 says of the Tettix, that old age 
wastes it not away. In this he has reference to the 
fable of Tithonus, the favourite of Aurora, who, 
having wished for immortality, without having 
asked, at the same time, for perpetual youth, be- 
came so decrepit, that Aurora, out of compassion, 
changed him into a tettix, because this insect, as 
the ancients believed, laid aside its skin every sum- 
mer, and thus renewed its youth. The truth is, the 
Tettix or Cicada, like all the other species of the 



L (H. A., xi., 4.)— 2. (Paus., iii., 14, if 5.)— 3. (Athcn., ix., p. 
407 — Suidas, s. v. Xvrpa and "Qvov irdicai. — Panofka, Recher- 
ches, &c, i., 28.) — 4. (Travels in Greece, vol. ii., p. 45.) — 5. 
(Sympos. Probl., 8.) -6. (N. A., xi.,26.)— 7. (II. A., iv., 9.)— 8. 
(N. A., x., 44.)— 9. (Griffith's Cuvier, vol. xv , p. 254.)— 10. 
lOd xliii., 15, ed. Fischer.) 
250 



Gryllus, though existing but for a single season, 
since it dies at the close of the summer, casta 
its skin in the same manner as the caterpillar, 
and deposites in the fields a membrane so accurate- 
ly true to its entire shape, that it is often mistaken, 
at first sight, for the Tettix itself. The belief that 
this insect was indigenous, or, in other words, 
sprang from the very earth, appears to have arisen 
from the circumstance of large numbers being seen 
immediately after showers, though not visible pre- 
viously. 

*CICER. (Vid. Erebinthus.) 

*CICHORIUM. (Vid. Intybum.) 

*CICI (k'lki), a plant, the same as the Fanna 
Christi or Ricinus communis. " This plant," ob- 
serves Woodville, speaking of the Palma Christi, 
" appears to be the klkl, or Kporuv of Dioscorides, 
who observes that the seeds are powerfully cathar- 
tic : it is also mentioned by Aetius, Paulus ^Egineta, 
and Pliny." 1 

*CICONIA, the Stork. (Vid. Pelargos.) 

♦CICU'TA, Hemlock. (Vid. Coneion.) 

CI'DARIS. (Vid. Tiara.) 

CILI/CIUM (dippic), a Haircloth. The material 
of which the Greeks and Romans almost universal- 
ly made this kind of cloth, was the hair of goats. 
The Asiatics made it of camel's-hair. Goats were 
bred for this purpose in the greatest abundance, and 
with the longest hair, in Cilicia ; and from this 
country the Latin name of such cloth was derived. 
Lycia, Phrygia, Spain, and Libya also produced the. 
same article. The cloth obtained by spinning and 
weaving goat's-hair was nearly black, and w r as used 
for the coarse habits which sailors and fishermen 
wore, as it was the least subject to be destroyed by 
being wet ; also for horse-cloths, tents, sacks, and 
bags to hold workmen's tools (fabrilia vasa), and for 
the purpose of covering military engines, and the 
walls and towers of besieged cities, so as to deaden 
the force of the ram (vid. Aries), and to preserve 
the woodwork from being set on fire. 2 

Among the Orientals, sackcloth, which was with 
them always haircloth, was w T orn to express morti- 
fication and grief. After the decline of the Roman 
power, it passed from its other uses to be so em- 
ployed in Europe also. Monks and anchorites al- 
most universally adopted the cilicium as fit to be 
worn for the sake of humiliation, and they sup- 
posed their end to be more completely attained 
if this part of their raiment was never washed. 
Hence Jerome, 3 describing the life of the monk Hi- 
larion, says of his hair shirt, " Saccum, quo szmel 
fuerat indutus, nunquam lavans, et superfluum esse 
dicens, munditias in cilicio qua.rere.'''' 

*CIMEX (Kopic), the Bug, under which name 
many species are included by the ancients, which 
modern naturalists have distinguished from one 
another. Aristotle makes the n6ptc to be engen- 
dered by the vapory secretions from the skins of 
animals. Pliny,* after calling the Cimex " animal 
fozdissimum, et dictu quoque fastidiendwrrC (where 
he evidently alludes to the Cimex lectularius, oi 
bedbug), goes on to state some marvellous uses 
of this insect in the healing art. It was considered 
an excellent remedy against the bite of serpents, 
and especially of asps : fumigations made with 
cimiccs caused leeches to loosen their hold ; and 
if any animal had swallowed leeches in drinking, 
cimiccs, taken internally, served as a cure. They 
were good for weak eyes when mixed with salt and 
the milk of a female, and for complaints of the ears 



1. (Dioscor., iv., 161. — Adams, Append., s. v.)— 2. (Aristot. 
H. A., viii., 28.— iElian, N. A., xvi., 30.— Varro, Dv Re Rust. ii. 
H_Virg., Georg., iii., 322.— Avieni, Ora Marit., 218-221 -- 
Veget'us, Ars. Vet., i., 42.)— 3. (Epist., lib. iii.)— 4. (II. N 
xxir 4 



CINCIA LEX. 



CINNaBARIS. 



when mingled with honey and oil of roses. Nu- 
merous other medical virtues were ascribed to 
them, which, like the preceding, were purely fabu- 
lous, although Guettard, in modern times, recom- 
mends them in hysterical cases. 1 

♦CIMOLTA TERRA (Ki/zoXla yf/), Cimolian 
Earth, so called from the island Cimolus, one of the 
Cyclades, whence it was principally obtained, al- 
though found also in other of the adjacent islands, 
particularly Siphnus. It was used by the ancients in 
cleaning their clothes, pretty much in the same way 
as fuller's earth is now employed. The ancients 
ased it likewise in medicine : Galen speaks of it as 
good in St. Anthony's fire ; a and Dioscorides 3 high- 
ly commends it, mixed with vinegar, in swellings, 
inflammations, and many other external affections. 
The ancient writers mention two kinds of Cimolian 
Earth, a white and a purplish. Galen says that the 
white kind was dry, and the purple fattish, and that 
the purple was accounted the better of the two. 
Dioscorides says that the purple kind was cold to 
the touch, a particular very observable in steatites. 
" Many authors," remarks Sir John Hill, " have 
ranked Cimolian Earth among the clays, and Tour- 
nefort makes it a chalk ; but it appears to me to 
have "been neith'.r of these, but properly and dis- 
tinctly a marl. Many have imagined our fuller's 
earth to have been the Cimolian of the ancients, 
but erroneously ; the substance which comes near- 
est it of all the now known fossils, is the steatite 
of the soap rock of Cornwall." 4 

*CIN'ARA (mvupa), the Artichoke. The Cinara 
scolymus, our common artichoke, is described in dis- 
tinct terms in Columella, and he is the only ancient 
author that has done so. 5 

CrNCIA LEX, or MUNERA'LIS. This lex 
was a plebiscitum passed in the time of the trib- 
une M. Cincius Alimentus (B.C. 204), and entitled 
De Donis et Mururibus. 6 One provision of this 
law, which forbac'e a person to take anything for 
his pains in pleading a cause, is recorded by Taci- 
tus, 7 " Nc quis ob causam orandam pecuniam donumve 
accipiat." In the time of Augustus, the lex Cincia 
was confirmed by a senatus consultum, 8 'and a pen- 
alty of four times the sum received was imposed on 
the advocate. This fact of confirmation will explain 
a passage in Tacitus. 9 The law was so far modified 
in the time of Claudius, that an advocate was allow- 
ed to receive ten sestertia ; if he took any sum be- 
yond that, he was liable to be prosecuted for repe- 
tundae (rcpclundarum tenebalur 10 ). (Vid. Repetun- 
dje.) It appears that this permission was so far re- 
stricted in Trajan's time, that the fee could not be 
paid till the work was done. 11 

So far the Cincian law presents no difficulty; 
but it appears that the provisions of the law were 
not limited to the case already stated. They ap- 
plied, also, to gifts in general ; or, at least, there 
were enactments which did limit the amount of 
what a person could give, and also required gifts to 
be accompanied with certain formalities ; and it 
does not seem possible to refer these enactments to 
any other than the Cincian law. The numerous 
contradictions and difficulties which perplex this 
subject are, perhaps, satisfactorily reconciled and 
removed by the following conjecture of Savigny : 13 
'* Gifts which exceeded a certain amount were only 
valid when made by mancipatio, in jure cessio, or 
by tradition : small gifts, consequently, were left to 
i person's free choice, as before ; but large gifts (ex- 

1. (Plin., ed. Panckouck. vol. xvii., p. 346.)— 2. (Galen, De 
Simpl., ix.)— 3. (v., 175.)— 4. (History of Fossils, &c, p. 36.)— 
5. (Dioscor., iii., 10.— Adams, Append., s. v.)— 6. (Cic, De 
Orat., ii., 71.— Ad Att., i., 20.)— 7. (Ann., xi., 5.)— 8. (Dion 
Cass.,liv., 18.)— 9. (Ann., xiii., 42.)— 10. (Tac:t., Ann., xi., 7.) 
--11. (Plin., Ep., v., 21.)— 12. (Ueber die Lex Cincia, Zeit- 
ijhrift, &c, iv.) 



cept in the case of near relat ; ves N were to be ac 
companied with certain formalities. " The objeci 
of the law, accoiding to Savigny, was to prevent 
foolish and hasty gifts to a large amount, and, con- 
sequently, was intended, among other things, to pre- 
vent fraud. This was effected by declaring that 
certain forms were necessary to make the gift valid, 
such as mancipatio and in jure cessio, both of which 
required some time and ceremony, and so allowed 
the giver opportunity to reflect on what he was 
doing. These forms, also, could not be observed, 
except in the presence of other persons, which was 
an additional security against fraud. It is true that 
this advantage was not secured by the law in the 
case of the most valuable of things, nee mancipi, 
namely, money, for the transferring of which bare 
tradition was sufficient ; but, on the other hand, a 
gift of a large sum of ready money is one that peo- 
ple of all gifts are least likely to make. The lex, 
however, was a complete protection against simple 
stipulations ; that is, mere promises to give with- 
out an actual completion of the promise at the time. 

Savigny concludes, and principally from a pas- 
sage in Pliny's letters, 1 that the Cincian law origi- 
nally contained no exception in favour of relatives, 
but that all gifts above a certain amount required 
the formalities already mentioned. The Emperor 
Antoninus Pius introduced an exception in favour 
of parents and children, and also of collateral kins- 
men. It appears that this exception was subse- 
quently abolished, 3 but was restored by Const^viine 
(A.D. 319) so far as it was in favour of parents and 
children ; and so it continued as long as the pro- 
visions of the Cincian law were in force. 

As to the amount beyond which the law forbads 
a gift to be made, except in conformity to its pro- 
visions, see Savigny, Zeitschrift, &c, iv., p. 36. 

The matter of the lex Cincia is also discussed in 
an elaborate essay by Hasse, 3 which, together wl+.h 
the essay of Savigny, will furnish the reader witn 
all the necessary references and materials for in- 
vestigating this obscure subject. Anything farther 
on the matter would be out of place here. 

In every system of jurisprudence, some provis- 
ions seem necessary on the subject of gifts. In our 
own system gifts are valid as against the giver.; 
and though the general rule be that an agreement 
to give cannot be enforced, this rule is subject to 
exceptions in the case of persons standing in a cer- 
tain relation to the giver. 

It might be conjectured that one object of the 
Cincian law was to prevent debtors from cheating 
their creditors by gifts of their property, or by pre- 
tended gifts ; but perhaps it would be difficult to 
establish this point satisfactorily in the present 
state of our knowledge on this subject. 

CINCTUS GABI'NUS. (Vid. Toga.) 

CI'NGULUM. {Vid. Zona.) 

CINERA'RIUS. (Vid. Calamistrum.) 

CI'NERES. (Vid. Funus.) 

CI'NIFLO. (Vid. Calamistrum.) 

*CINNAB'AR1S (KiwaOupic, or -i), Cinnabar. 
Martyn* writes thus concerning it : " Minium is 
the native Cinnabar, or ore out of which the quick- 
silver is drawn. Minium is now commonly used to 
designate red lead ; but we learn from Pliny that tl a 
Minium of the Romans was the Miltos or Cinnabari 
of the Greeks." Woodville says of it, " the Cinnaba- 
ris and Sanguis Draconis seem to have signified the 
same thing with the Greeks." Adams thinks that 
the ancients had three kinds of Cinnabar : 1st, the 
Vegetable Cinnabar, or Sanguis Draconis, being the 
resin of the tree called Draccena Draco ; 2d, the Na- 
tive Cinnabar, or Sulphuret of Quicksilver ; and, 3d, 



1. (x., 3.)— 2. (Cod. Hermog., vi., 1.)— 3. (Rheinisches Mhjw 
um, 1827.)— 4. (ad Virg., Eclog., x., 27.) 

251 



CIPPUS. 



CIRCUS 



the Sil Atticum. or Factitious Cinnabar, which was 
very different from ours, being a preparation of a 
shining arenaceous substance. 1 

♦CINNAMO'MUM (Kivvdfiupog), the Cinnamon- 
tree, and also Cinnamon itself. 2 It is supposed by 
many that the Kivvd/xufiog of the ancients was the 
Laurus Cinnamomum. The only objection to this 
opinion, as Adams remarks, is, that the latter is a 
native of Ceylon (the ancient Taprobane), and that 
it is scarcely to be believed that they could have 
been so familiar with a production of that island, as it 
appears they were with their own Cinnamon. Yet, 
notwithstanding this, many of the authorities, as, for 
example, Sprengel and Dierbach, hold it to be the 
Laurus Cinnamomum. It is probable, however, 
that the Laurus Cassia was often confounded with 
it. 3 Various kinds of cinnamon are mentioned by 
ancient writers, such as the poavhov, which was 
the best, of a dark wine colour, sometimes of a dark 
gray, the bark smooth, the branches small and slen- 
der, and having many knots ; pungent in taste, and, 
when warmed, somewhat saltish : the bpeivov, or 
mountain Cinnamon; the fieXav, or "black;" the 
Xevicov, or " white ;" the viroKifijiov, or " yellowish ;" 
to which some add the xylo-cinnamomum and the 
pseudo-cinnamomum. The main difference between 
the Kcvvu/xufiog and naaoia appears to have been, that 
the former far surpassed the latter in odour and 
aste ; and, in fact, Galen remarks that the highest 
tind of cassia did not differ much from the lowest 
tind of cinnamon. The best cinnamon was ob- 
■ained from the nest of a species of thrush (Turdus 
Zeilonicus), which always built with it, and hence 
yas called Ktvva/ncjXuyoc, or "cinnamon-collector."* 
\Vid. Casia.) 

CIPPUS was a low column, sometimes round, 
but more frequently rectangular. Cippi were used 
for various purposes ; the decrees of the senate 
were sometimes inscribed upon them ; and, with 
distances engraved upon them, they also served as 
milestones. They were, however, more frequently 
employed as sepulchral monuments. 5 Several of 
such cippi are in the Townly collection in the Brit- 
ish Museum, one of which is given in the woodcut 
annexed. The inscription is to the memory of 




Viria Primitiva, the wife of Lucius Virius Helius, 

I. (Dioscor., v. 109.— Paris, Pharm., vol. i., p. 72.— Adams, 
Append., s. v.) — 2. (Dioscor., i., 18. — Galen, De Simpl., vii. — 
Theophr., iv., 4.)— 3. (Adams, Append., s.v.) — 4. (Plin., H.N., 
x., 33.— Aristot., II. A., ix., 13.— J31ian, N. A., ii., 34; xvii., 
ftl -Billeri eck, Flora Classica, p. 104.)— 5. (Pers., Sat., i., 36.) 
252 



who died at the age of eighteen years, one monti^ 
and twenty-four days. Below the tablet, a festoon 
of fruits and flowers is suspended from two rams' 
heads at the corners ; and at the lower corners are 
two sphinxes, with a head of Pan in the area be- 
tween them. 

On several cippi we find the letters S. T. T. L., 
that is, Sit tibi terra levis, whence Persius, in the 
passage already referred to, says, " Non levior cip~ 
-pus nunc imprimit ossa." 

It was also usual to place at one corner of the 
burying-ground a cippus, on which the extent of the 
burying-ground was marked, towards the road (i% 
fronte), and backward to the fields {in agrum 1 ). 

CIRCE'NSES LUDI. (Fid. Circus.) 

CFRCINUS (diadrJTng), a Compass. The compass 
used by statuaries, architects, masons, and carpen- 
ters, is often represented on the tombs of such artif- 
icers, together with the other instruments of their 
profession or trade. The annexed woodcut is cop- 




ied from a tomb found at Rome. 8 It exhibits two 
kinds of compasses, viz., the common kind used for 
drawing circles and measuring distances, and one 
with curved legs, probably intended to measure the 
thickness of columns, cylindrical pieces of wood, 01 
similar objects. The common kind is described by 
the scholiast on Aristophanes, 3 who compares its 
form to that of the letter A. The mythologists sup- 
posed this instrument to have been invented by Per- 
dix, who was the nephew of Daedalus, and, through 
envy, thrown by him over the precipice of the Athe- 
nian acropolis.* Compasses of various forms were 
discovered in a statuary's house at Pompeii 
CIRCITO'RES. (Vid. Castra, p. 222.) 
CIRCUMLFTIO. (Vid. Pictura.) 
CIRCUMLU'VIO. (Vid. Alluvio.) 
CIRCUITO'RES. (Vid. Castra, p. 222.) 
CIRCUS. When Tarquinius Priscus had taKen 
the town of x\piolae from the Latins, as related in 
the early Roman legends, he commemorated his 
success by an exhibition of races and pugilistic con- 
tests in the Murcian valley, between the Palatine 
and Aventine Hills ; around which a number of tern 
porary platforms were erected by the patres and 
equites, called spectacula, fori, or foruli, from their 
resemblance to the deck of a ship ; each one raising 
a stage for himself, upon which he stood to view 
the games. 5 This course, with its surrounding 
scaffoldings, was termed circus ; either because the 
spectators stood round to see the shows, or be- 
cause the procession and races went round in a 
circuit. 6 Previously, however, to the death of Tar- 
quin, a permanent building was constructed for the 
purpose, with regular tiers of seats, in the form of a 
theatre. 7 To this the name of Circus Maximus 
was subsequently given, as a distinction from the 
Flaminian and other similar buildings, which it sur- 
passed in extent and splendour ; and hence, I3ce the 
Campus Martius, it is often spoken of as the Circus, 
without any distinguishing epithet. 

Of the Circus Maximus scarcely a vestige now 



1. (Hor., Sat., I., viii., 12.)— 2. (Gruter, Corp. Tnscript., t. i., 
part ii., p. 644.)— 3. (Nub., 178.)— 4. (Ovid, Met., vizi., 241-251.) 
— 5. (Liv., i., 35. — Festus, s. v. Forum.— Dionys., iii., p. 199 
&c.)— 6. (Varro, De Ling. Lat., v., 153, 154. ed. Miiller )— 7 
(Compare Liv. and Dionys.. 11. cc.) 



CIRCUS 



CIRCUS. 



remains beyond the palpable evidence of the site it 
occupied, and a lew masses of rubble-work in a cir- 
culai form, which may be seen under the walls of 
some houses in the Via de' Cerchi, and which retain 
traces of having supported the stone seats 1 for the 
spectators. This loss is, fortunately, supplied by 
the remains of a small circus on the Via Appia, 
commonly called the Circus of Caracalla, the 



ground-plan of which, together with mucb of ttie 
superstructure, remains in a state of considerable 
preservation. The ground-plan of the circus in 
question is represented in the annexed woodcut ; 
and may be safely taken as a model of all others, 
since it agrees in every main feature, both of gen- 
eral outline and individual parts, with the descrip- 
tion of the Circus Maximus given by Dionysius. 1 




#«•-••.... 




K 
I 



3DE 



Around the double lines (A, A) were arranged 
the seats (gradus, scdilia, subscllia), as in a theatre, 
termed, collectively, the cavea, the lowest of which 
were separated from the ground by a podium, and 
the whole divided longitudinally by prcecinctiones, 
and diagonally into cunei, with their vomitoria at- 
tached to each. Towards the extremity of the up- 
per branch cf the cavea, the general outline is bro- 
ken by an outwork (B), which was probably the 
pulvinar, or station for the emperor, as it is placed 
in the best situation for seeing both the commence- 
ment and end of the course, and in the most prom- 



S 



A 




inent part of the circus. 3 In the opposite brancn is 
observed another interruption to the uniform line 
of seats (C), betokening also, from its construction, 
a place of distinction, which might have been as- 
signed to the person at whose expense the games 
were given (editor spectaculorum). 

In the centre of the area was a low wall (D), run- 
ning lengthways down the course, which, from its 
resemblance to the position of the dorsal bone in 
the human frame, was termed spina. 3 It is repre- 
sented in the woodcut subjoined, taken from an an- 
cient bas-relief. 




At <each extremity of the spina were placed, upon 
a base (E, E), three wooden cylinders, of a conical 
shape, like cypress-trees (metasque imitata cuprcs- 
sus 3 ), which were called meta, — the goals. Their 
situation is distinctly seen in the preceding wood- 
cut, but then form is more fully developed in the 




1. Ilirocjt , I. c.)— 2. (Ovid, Met., x., 106.— Compare Plyi., 
IT Nm xvi., &l) 



one annexed, copied from a marble in the Bntisn 
Museum.* 

The most remarkable object upon the spina were 
two columns (F) supporting seven conical balls, 
which, from their resemblance to eggs, were called 
ova. 6 These are seen in the woodcut representing 
the spina. Their use was to enable the spectators 
to count the number of rounds which had been run ; 
for which purpose they are said to have been first 
introduced by Agrippa,* though Livy speaks of them 
long before. 7 They are, therefore, seven in num- 
ber, such being the number of the circuits made in 
each race ; and, as each round was run, one of the 
ova was put up 8 or taken down, according to Varro. • 
An egg was adopted for this purpose in honour of 
Castor and Pollux. 10 At the other extremity of the 
spina were two similar columns (G), represented 
also in the woodcut over the second chariot, sus- 
taining seven dolphins, termed delphince, or delphi- 
narum columna, 11 which do not appear to have been 
intended to be removed, but only placed there as 
corresponding ornaments to the ova ; and the figure 
of the dolphin was selected in honour of Neptune. 1 ' 
In the Lyons mosaic, subsequently to be noticed, 
the delphina, are represented as fountains spouting 

1. (iii., p. 192.)— 2. (Suet., Claud., 4.)— 3. (Cassiodor., Var. 
Ep., iii., 51.)— 4. (Chamber I., No. 60.)— 5. (Varro, De Re Rust., 
i., 2, () 11.— Liv., xli, 27.)— 6. (Dion Cass., xhx., p. 600.)— 7. 
(xli., 27.)— 8. (Cassidor., Var. Ep., iii., 51.)— 9. (De Re Rust., 
i.,.2, (> 11.)— 10. (Tertull., De Spectac., c. 8.)— 11. (Jut., Sat., 
vi., 590.)— 12. (Tertull., 1. c ) 

253 



CIRCUS. 



CIRCUS. 



water ; but in a bas-relief of the Palazzo Barberi- 
ni, 1 a ladder is placed against the columns which 
support the dolphins, apparently for the purpose of 
ascending to take them up and down. Some wri- 
ters suppose the columns which supported the ova 
and delphince to be the phalce or falec which Juvenal 
mentions. 1 But the phalce were not columns, but 
towers, erected, as circumstances required, between 
the metcE and euripus, or extreme circuit of the area, 
when sham-fights were represented in the circus. 3 
Besides these, the spina was decorated with many 
other objects, such as obelisks, statues, altars, and 
temples, which do not appear to have had any fixed 
locality. 

It will be observed in the ground-plan that there 
is a passage between the metce and spina, the ex- 
treme ends of the latter of w T hich are hollowed out 
into a circular recess : and several of the ancient 
sculptures afford similar examples. This might 
have been for performing the sacrifice, or other 
offices of religious worship, with which the games 
commenced ; particularly as small chapels can still 
be seen under the metce, in which the statues of 
some divinities must have been placed. It was 
probably under the first of these spaces that the al- 
tar of the god Consus was concealed,* which was 
excavated upon each occasion of these games. 6 

At the extremity of the circus in which the two 
horns of the cavea terminate, were placed tfie stalls 
for the horses and chariots (H, H), commonly called 
carceres at, and subsequently to, the age of Varro ; 
but more anciently the whole line of buildings which 
confined this end of the circus was termed oppidum, 
because, with its gates and towers, it resembled 
the walls of a town, 6 which is forcibly illustrated 
by the circus under consideration, where the two 
towers (I, I) at each end of the carceres are still 
standing. The number of carceres is supposed to 
have been usually twelve, 7 as they are in this plan ; 
but in the mosaic discovered at Lyons, and pub- 
lished by Artaud, 8 there are only eight. This mo- 
saic has several peculiarities. Most of the objects 
are double. There is a double set of ova and del- 
phince, one of each sort at each end of the spina ; 
and eight chariots, that is, a double set for each 
colour, are inserted. They were vaults, closed in 
front by gates of open woodwork (cancelli), which 
were opened simultaneously upon the signal being 
given, 9 by removing a rope (vaiiXnyZ 10 ) attached to 
pilasters of the kind called Hermce, placed for that 
purpose between each stall ; upon which the gates 
were immediately thrown open by a number of 
men, probably the armenlarii, as represented in the 
following woodcut, taken from a very curious mar- 
ble in the Museo Borgiano at Velletri ; which also 
rpnresents most of the other peculiarities above 
mentioned as appertaining to the carceres. 

- - - . ■ s- 




In the mosaic of Lyons the man is represented 



1. (Fabretti, Syntagm. de Column. Trajani, p. 144.) — 2. (1. c.) 
?. (Compare Festus, s. v. Phalae. — Servius, ad Virg., JEi\., ix., 
705. — Ruperti, ad Juv., 1. c.) — 4. (Tertull., De Spectac, c. 5.) 
5. (Dionys., ii., p. 97.) — 6. (Festus, s. v. — Varro, De Ling-. Lat., 
v., 153.) — 7. (Cassiodor., Var. Ep., iii., 51.) — 8. (Description 
d'un Mosaique, &c, Lyons, 180J.) — 9. (Dionys., iii., p. 192. — 
Cassiodor., 1. c. — Compare Sil. Ital.,xvi., 316.) — 10. (Dionys., 1. 
p — Compare Schol. ad Theoe.f *"•., Idyll., viii., 57.) 
254 



apparently in the act of letting go the rope (ianXtiyf, 
in the manner described by Dionysius. 1 The oul 
below, which is from a marble in the British Mu 
seum, a represents a set of four carceres, with theii 
Hermce and cancelli open, as left after the chariots 




^ ^'"■- •■"'■■ '■ V. ■■"?■ ■■■■■■ \ '^.^ ■■■■V.":y : ' .- ■ .-;■ .^y toV, x . -j^ 



^VN^-^^ANNX^^yyvXVv-^^ 



had started, in which the gates are made to open 
inward. 

Th§» preceding account and woodcuts will be suf- 
ficient to explain the meaning of the various words 
by which the carceres were designated in poetical 
language, namely, claustra, 3 crypta,* fauces, 5 ostia, 6 
fores carceris, 1 repagula, 6 limina equorum* 

It will not fail to be observed that the line of the 
carceres is not at a right angle with the spina, but 
forms the segment of a circle, the centre of which 
is a point on the right hand of the arena ; the rea- 
son for which is obviously that all the chariots 
might have, as nearly as possible, an equal distance 
to pass over between the carceres and mouth of the 
course. Moreover, the two sides of the circus are 
not parallel to each other, nor the spina to either of 
them ; but they are so planned that the course di- 
minishes gradually from the mouth at (J), until it 
reaches the corresponding line at the opposite side 
of the spina (K), where it is narrower by thirty-two 
feet. This might have proceeded from economy, 
or be necessary in the present instance on account 
of the limited extent of the circus ; for as all the 
four or six chariots would enter the mouth of the 
course nearly abreast, the greatest width would be 
required at that spot ; but as they got down the 
course, and one or more took the lead, the same 
width would be no longer necessary. 

The carceres were divided into two sets of six 
each, accurately described by Cassiodorus 10 as bis- 
sena ostia, by an entrance in the centre (L), called 
Porta Pompce ; because it was the one through 
which the Circensian procession entered, and which, 
it is inferred from a passage in Ausonius, 11 was al- 
ways open, forming a thoroughfare through the cir 
cus. Besides this entrance, there were four others, 
two at the termination of the seats between the ca- 
vea and the oppidum (M, M), another at (N), and the 
fourth at (0), under the vault of which the fresco 
decorations are still visible. This is supposed to 
be the Porta Triumphalis, to which its situation 
seems adapted. One of the others was the Porta 
Libitinensis, 1 * so called because it v/as the one 
through which the dead bodies of those killed in the 
games were carried out. 13 

Such were the general features of a circus, as fin 
as regards the interior of the fabric. The area had 
also its divisions appropriated to particular purpos 
es, with a nomenclature of its own attached to each 
The space immediately before the oppidum waa 
termed circus primus ; that near the meta prima, 
circus interior or intimus, 1 * which latter spot, in the 
Circus Maximus, was also termed ad Murcim or ad 

—i — ■ ■ . i - ii ■ ■■ ' ■ ■ ' ■■ ■ — ■ ^ 

1. (I.e.) — 2. (Chamber XL, No. 10.) — 3. (Stat., Theb., vi. 
399.— Hor., Epist., I., xiv., 9.) — 4. (Sidon., Carm., xxiii., 319.) 
— 5. (Cassiodor., Var. Ep., iii., 51.) — 6. (Alison., Epist., xviii. 
11.)— 7. (Ovid, Trist., V., ix., 29.)— 8. (Id., Met., ii., 155.— Si! 
Ital., xvi., 318.) — 9. (Id., xvi., 317.) - 10. (I.e.) — 11. (Epist. 
xviii., 12.) — 12. (Lamprid., Commod., 10.) — 13. (Dion Oa*« 
Ixiii., p. 1222.)— 14. (Varro, De Line Lat., v., 154.) 



CIRCUS. 



CIRCUS. 



Muraam, from the altar of Venus Murtia or Murcia, 
placed there. 1 The term arena belongs to an am- 
phitheatre ; and it is therefore probable that it was 
applied in the circus to the large open space be- 
tween the carccrcs and prima meta, when the circus 
was used for the exhibition of athletic games, for 
which the locality seems best adapted; but in Sil- 
ius Italicus 2 it is put for the part down the spina. 
When the circus was used for racing, the course 
was termed spatium 3 or spatia, because the match 
included more than one circuit.* It is also called 
campus, 5 and poetically aquor. 6 

At the entrance of the course, exactly in the di- 
rection of the line (J, K), were two small pedestals 
(hermuli) on each side of the podium, to which was 
attached a chalked rope (alba linea 1 ), for the pur- 
pose of making the start fair, precisely as is prac- 
tised at Rome for the horse-races during Carni- 
val. Thus, when the doors of the carceres were 
thrown open, if any of the horses rushed out before 
the others, they were brought up by this rope until 
the whole were fairly abreast, when it was loosened 
from one side, and all poured into the course at 
once. In the Lyons mosaic the alba linea is dis- 
tinctly traced at the spot just mentioned, and one 
of the chariots is observed to be upset at the very 
place, while the others pursue their course. A sec- 
ond alba linea is also drawn across the course, ex- 
actly half way down the spina, the object of which 
has not been explained by the publisher of the mo- 
saic. It has been observed that this is a double 
race ; and as the circus represented was probably 
too narrow to admit of eight chariots starting 
abreast, it became necessary that an alba linea 
should be drawn for each set ; and, consequently, 
one in advance of the other. The writer has often 
seen the accident alluded to above happen at Rome, 
when an over-eager horse rushes against the rope 
and gets thrown down. This line, for an obvious 
reason, 8 was also called calx and crcta, 9 from 
whence comes the allusion of Persius, 10 cretata am- 
bitio. The meta served only to regulate the turn- 
ings of the course ; the alba linea answered to the 
starting and winning post of modern days : "perac- 
to legitimo cursu ad, cretam stetere." 11 Hence the 
metaphor of Cicero, 12 "quasi decurso spatio^d car- 
ceres a calce revocari ;" and of Horace, 13 " mors 
ultima linea rerum." 14 

From this description the Circus Maximus differ- 
ed little, except in size and magnificence of embel- 
lishment. But as it was used for hunting wild 
beasts, Julius Caesar drew a canal, called Euripus, 
ten feet wide, around the bottom of the podium, to 
protect the spectators who sa* there, 15 w^hich was 
removed by Nero, 16 but subsequently restored by 
other princes. 17 It possessed also another variety 
in three open galleries or balconies, at the circular 
end, called meniana or mamiana. 1 * The numbers 
which the Circus Maximus was capable of contain- 
ing are computed at 150,000 by Dionysius,™ 260,000 
by Pliny," and 385,000 by P. Victor, 21 all of which 
are probably correct, but have reference to different 
periods of its history. Its very great extent is in- 
dicated by Juvenal. 22 Its length in the time of Ju- 
Uus Caesar was three stadia, the width one, and the 

1. (Compare Apuleius, Met., vi., p. 395, ed. Oudendorp. — 
Tertull., de Spectac, 8. — Miiller, ad Varron., 1. c.) — 2. (xvi., 
415.) — 3. (Juv., Sat., vi., 582.) — 4. (Vixg- Mn., v., 316, 325, 
327.— Georg., i., 513.— Stat., Theb., vi., 594. — Hor., Epist., I., 
xiv., 9.— Compare Sil. Ital., xvi., 336.)— 5. (Sil. Ital., xvi., 391.) 
—6. (Id., 414.)— 7. (Cassiodor., 1. c.) — 8. (Plin., H. N., xxxv., 
58.)— 9. (Cic, De Am., 27. — Seneca, Epist., 108.) — 10. (Sat., 
v., 177.) — 11. (Plin., H. N., viii., 65, and compare xxxv., 58.) — 
12. (Senect., 23.)— 13. (Epist., I., xvi., 79.) — 14. (Compare 
Lucret., vi., 92.)— 15. (Dionvs., iii., p. 192.— Suet., Jul., 39.)— 
!6. (Plin., II. N., viii., 7.)— 17. (Lamprid., Heliogab., 23.)— 18. 
(Suet., Cal., 18.)— 19. (iii., p. 192.)— 20 (H. N., xxxvi., 24.)— 
21 fTU-gio xi )— 22. (Sat., xi., 195 ) 



depth of the buildings occupied half a stadium, 
which is included in the measurements given by 
Dionysius, 2 and thus exactly accounts for the vari- 
ation in his computation. 

When the Circus Maximus was permanentlv 
formed by Tarquinius Priscus, each of the thirty 
curias had a particular place assigned to it ; 3 which 
separation of the orders is considered by Niebuhr to 
account for the origin and purpose of the Circus 
Flaminius, which he thinks was designed for the 
games of the commonalty, who in early times chose 
their tribunes there, on the Flaminian Field. 4 Be 
that as it may, in the latter days of the Republic 
these invidious distinctions w^ere lost, and all class- 
es sat promiscuously in the circus. 5 The seats 
were then marked off at intervals by a line or 
groove drawn across them (linea), so that the space 
included between the two lines afforded sitting- 
room for a certain number of spectators. Hence 
the allusion of Ovid : 6 

" Quid frustra refugis 1 cogit nos linea jungi" 

As the seats were hard and high, the women made 
use of a cushion (pulvinus) and a footstool (scam- 
num, scabellum 7 ), for which purpose the railing 
which ran along the upper edge of each prcecinctio 
was used by those who sat immediately above it. 8 
But under the emperors, when it became necessary 
to give an adventitious rank to the upper classes 
by privileges and distinctions, Augustus first, then 
Claudius, and finally Nero and Domitian, again sep- 
arated the senators and equites from the commons. 9 
The seat of the emperor, pulvinar, 10 cubiculum, 11 was 
most likely in the same situation in the Circus Max- 
imus as in the one above described. It was gen- 
erally upon the podium, unless when he presided 
himself, which was not always the case ; 12 but then 
he occupied the elevated tribunal of the president 
(suggestus), over the Porta Pompa. The consuls 
and other dignitaries sat above the carceres," indi- 
cations of which seats are seen in the first wood- 
cut on page 254. The rest of the oppidum was 
probably occupied by the musicians and persons who 
formed part of the pompa. 

The exterior of the Circus Maximus was sur- 
rounded by a portico one story high, above which 
were shops for those who sold refreshments. 14 
Within the portico were ranges of dark vaults 
which supported the seats of the cavca. These 
were let out to women of the town. 18 

The Circensian games (Ludi Circcnscs) were first 
instituted by Romulus, according to the legends, 
when he wished to attract the Sabine population to 
Rome, for the purpose of furnishing his own people 
with wives, 16 and were celebrated in honour of the 
god Consus, or Neptunus Equestris, from whom 
they were styled Consualcs. 11 But after the con- 
struction of the Circus Maximus they were called 
indiscriminately Circenses, 13 Romani, or Magni. 19 
They embraced six kinds of games : I. Cursus ■ 
II. Ludus Troj^e ; III. Pugna Equestris ; IV 
Certamen Gymnicum ; V. Venatio ; VI. Nauma- 
chia. The last two were not peculiar to the circus, 
but were exhibited also in the amphitheatre, or in 
buildings appropriated for them. 

The games commenced with a grand procession 
(Pompa Circensis), in which all those who were 
about to exhibit in the circus, as well as persons of 

1. (Plin., 1. c.)— 2. (iii , p. 192.)— 3. (Dionvs., iii., p. 199.)— 
4. (Hist. Rom., vol. i., p. 426, transl.) —5. (Suet., Octav., 44.) 
— 6. (Amor., III., ii > 19. — Compare Ovid, Art. Amat., i., 141) 
7. (Ovid, Art. Amat., i., 160, 162.) —8. (Ovid, Amor., Ill , ii , 
64.)— 9. (Suet., Octav., 44— Claud., 21.— Nero, 11.— Domit., 8 ) 
—10. (Suet., Octav., 45.— Claud., 4.)— 11. (Id., Nero, 12.)— 12. 
(Suet., Nero, 1. c.)— 13. (Sidon., Carm., xxiii., 317.)— 14. (Dio- 
nvs., iii., p. 192.)— 15. (Juv., Sat.,iii.,65.-Lr.mprid., Heliogab.. 
26.)— 16. (Val.Max.,ii.,4,$ 3.)— 17. (Liv., i., 9.)— 18. (Sernu* 
ad Virg., Georg., iii., 18.)— 19. (Liv., :... ?5.) 

255 



CIRCLE. 



CIRCUS. 



distinction, bore a part. The statues of the gods 
formed the most conspicuous feature in the show, 
and were paraded upon wooden platforms, called 
fercula and thensce. 1 The former were borne upon 
the shoulders, as the statues of saints are carried 
in modern processions ; 2 the latter drawn along 
upon wheels, and hence the thensa which bore the 
statue of Jupiter is termed Jovis plaustrum by Ter- 
tullian, 3 and Aide, bxoc by Dion Cassius.* The for- 
mer were for painted images, or those of light 
material, the latter for the heavy statues. The 
whole procession is minutely described by Dio- 
nysius. 5 

I. Cursus, the races. The carriage usually em- 
ployed in the circus was drawn by two or four 
horses (biga, quadriga). (Vid. Biga, Bigatus.) 

The usual number of chariots which started for 
each race was four. The drivers (auriga, agitatores) 
were also divided into four companies, each distin- 
guished by a different colour, to represent the four 
seasons of the year, and called a f actio : 6 thus f actio 
prasina, the green, represented the spring, whence 7 
"Eventum viridis quo colligo panni;" f actio russa- 
ta, red, the summer ; f actio veneta, azure, the au- 
tumn ; and f actio alba or albata, white, the winter. 8 
Originally there were but two factions, albata and 
russata, 9 and, consequently, only two chariots start- 
ed at each race. Domitian subsequently increased 
the whole number to six, by the addition of two 
new factions, aurata and purpurea ; 10 but this ap- 
pears to have been an exception to the usual prac- 
tice, and not in general use. The driver stood in 
his car within the reins, which went round his back. 
This enabled him to throw all his weight against 
the horses, by leaning backward ; but it greatly en- 
hanced his danger in case of an upset, and caused 
the death of Hippolytus. 11 To avoid this peril, a 
sort of knife or bill-hook was carried at the waist for 
the purpose of cutting the reins in a case of emer- 
gency, as is seen in some of the ancient reliefs, and 
is more clearly illustrated in the annexed woodcut, 




copied from a fragment formerly belonging to the 
Villa Negroni, which also affords a specimen of the 
dress of an auriga. The torso only remains of this 
statue, but the head is supplied from another an- 
tique, representing an auriga, in the Villa Albani. 

1. (Suet., Jul., 76.)— 2. (Cic, De Off., i„ 36.)— 3. (De Spec- 
tre., 7.)— 4. (p. 608.)— 5. (vii., 457, 458.— Compare Ovid, Amor., 
III., ii., 43, &c.)— 6. (Festus, s. v.)— 7. (Juv., Sat., xi., 196.)— 8. 
(Tertull., De Spectac, 9. — Compare authorities quoted by Ru- 
nerti, ad Juv., vii., 112.) — 9. (Tertull., 1. c.) — 10. (Suet., 
Dom., 7.)— 11. (Eurip., Hippol., 1230, ed. Monk.— Compare 
Ovid, Met., xv., 524.) 
?.o6 



When all was ready, the doors c f the carcerea 
were flung open, and the chariots were formed 
abreast of the alba linea by men called mo 1 atores, 
from their duty ; the signal for the start was then 
given by the person who presided at the games, 
sometimes by sound of trumpet, 1 or more usually 
by letting fall a napkin, 2 whence the Cireensian 
games are called spectacula mappa. 3 The origin of 
this custom is founded on a story that Nero, while 
at dinner, hearing the shouts of the people, who 
were clamorous for the course to begin, threw down 
his napkin as the signal.* The alba linea was then 
cast off, and the race commenced, the extent of 
which was seven times round the spina, 5 keeping 
it always on the left. 6 A course of seven circuits 
was termed unus missus, and twenty-five was the 
number of races run in each day, the last of which* 
was called missus cerarius, because in early times 
the expense of it was defrayed by a collection of 
money (as) made among the people. 7 Upon one 
occasion Domitian reduced the number of circuits 
from seven to five, in order to exhibit 100 missus in 
one day. 8 The victor descended from his car at 
the conclusion of the race, and ascended the spina, 
where he received his reward (bravium, from the 
Greek j3pa6etov 9 ) : this consisted of a considerable 
sum of money, 10 and accounts for the great wealth 
of the charioteers to which Juvenal alludes,- and 
the truth of which is testified by many sepulchral 
inscriptions. 

A single horseman, answering to the Keknq of the 
Greeks, attended each chariot, the object of which 
seems to have been twofold ; to assist his compan- 
ion by urging on the horses, when his hands wer€ 
occupied in managing the reins, and, if necessary 
to ride forward and clear the course, as seen in the 
cut from the British Museum representing the meta 
which duty Cassiodorus 11 assigns to him, with the 
title of equus desultorius. Other writers apply that 
term to those who practised feats of horsemanship 
in the circus, leaping from one to another when at 
their speed. 12 In other respects, the horse-racing 
followed the same rules as the chariots. 

The enthusiasm of the Romans for these races 
exceeded all bounds. Lists of the horses (libella), 
with their names and colours, and those of the dri- 
vers, were handed about, and heavy bets made 
upon each faction ; 13 and sometimes the contests 
between two parties broke out into open violence 
and bloody quarrels, until at last the disputes which 
originated in the circus had nearly lost the Emperor 
Justinian his crown. 1 * 

II. Ludus Troj^e, a sort of sham-fight, said to 
have been invented by JEneas, performed by young 
men of rank on horseback, 16 often exhibited by Au- 
gustus and succeeding emperors, 16 which is descri- 
bed by Virgil. 17 

III. Pugna Equestris et Pedestris, a repre- 
sentation of a battle, upon which occasions a camp 
was formed in the circus. 18 

IV. Certamen Gymnicum. Vid. Athletje, and 
the references to the articles there given. 

V. (Vid. Venatio.) VI. (Vid. Naumachia.) 
The pompa circensis was abolished by Constan- 

tine, upon his conversion to Christianity; and the 



1. (Ovid, Met., x., 652. — Sidon., Carm., xxiii., 341.)— 2 
("mappa," Suet., Ner., 22.— Mart., Ep., XII., xxix., 9.)— 3 
(Juv., Sat., xi., 191.)— 4. (Cassiodor., Var. Ep., iii., 51.) — 5. 
(Varro, ap. Gell., III., x., 6.)— 6. (Ovid, Amor., III., ii., 72.— 
Sil. Ital., xvi., 362.)— 7. (Servius ad Virg., Georg., iii., 18.— 
Compare Dion Cass., lix., p. 908.)— 8. (Suet., Dom., 4.)— 9. 
(1 Corinth., ix., 24.)— 10. (Juv., Sat., vii., 113, 114, 243.— Suet., 
Claud., 21.)— 11. (Var. Ep., iii., 51.) — 12. (Compare Suet., Jul., 
39.— Cic, Pro Muraen., 27.— Dionys., p. 462. — Panvin, De Lud. 
Circens., i., 9.)— 13. (Ovid, Art. Amat., i., 167, 168.— Juv., Sat., 
xi., 200.— Mart., Ep., XL, i., 15.)— 14. (Gibber, c. 40.)— 15. (Tx 
cit., Ann., xi., 11.)— 16. (Suet., Octav.,43.— Ncro,7.)— 17. (JEu 
v., 553, &c.)— 18. (Suet., Jul., 39.— Dom., 4) 



CISSOS. 



C1STA. 




othei games of the circus by the Goths (A.D 410) ; 
but the chariot races continued at Constantinople 
until that city was besieged by the Venetians (A.D. 
1204). 1 

CIRCUMVALLA'TIO. (Vid. Vallum.) 

*CIRIS, a species of Lark, according to some, 
while others think it is a solitary bird with a purple 
crest, which continually haunts the rocks and shores 
of the sea. The poets fabled that Scylla, daughter 
of Nism, was changed into this bird. 3 

*CJRSIUM (nipcuov). Sprengel, upon the whole, 
inclines to the opinion that this is the Slender This- 
tle, or Carduus lenuiflorus. 3 ( Vid., however, Car- 
duus.) 

♦CIS (kIc), an insect mentioned by Theophrastus 4 
as injurious to grain. Aldrovandus decides that it 
is the same with the Curculio, which infests wheat 
and barley, meaning, no doubt, the Curculio grana- 
rius, L., or Weevil. The Tp6tj was a species of Cur- 
culio which infests pulse : Scaliger remarks that it 
is also called fitdac by Theophrastus. 4 

CI'SIUM, a gig, i. e., a light open carriage with 
two wheels, adapted to carry two persons rapidly 
from place to place. Its form is sculptured on the 

monumental column at Igel, 

near Treves (see woodcut). It 
had a box or case, probably un- 
der the seat. 6 The cisia were 
quickly drawn by mules (cisi 
volantis 1 ). Cicero mentions 
the case of a messenger who 
travelled 56 miles in 10 hours in such vehicles, 
which were kept for hire at the stations along the 
great roads ; a proof that the ancients considered 
six Roman miles per hour as an extraordinary 
speed. 8 The conductors of these hired gigs were 
c aded cisiarii, and were subject to penalties for care- 
less or dangerous driving. 9 

*CISSA or CITTA (niooa, kltto), a species of 
Bird, which Hardouin and most of the earlier com- 
mentators hold to be the Magpie, or Corvus Pica, L. 
Schneider, however, thinks the Jay, or Corvus glan- 
dularis, more applicable to the nlao-a of Aristotle. 
The latter is certainly the bird described by Pliny 
under this name. 10 

♦CISSE'RIS (KLooripie), Pumice. Theophrastus 11 
was well aware that Pumice is formed by the ac- 
tion of fire. He speaks of various kinds, specifying 
particularly the pumices of Nisyrus and Melos ; the 
former of which, however, are not genuine pumices, 
according to Hill, but Tophi. The island of Melos 
lias always been known to abound with pumices, 
and those of the very finest kind. This appears to 
have been the case even in the time of Theophras- 
tus, as appears by his description of their being light 
and sandy, or easily rubbed into powder. 12 

♦CI'SSOS or CI'TTO? {nioooc, kIttoc), the com- 
mon Ivy, or Hcdcra helix. The three species of it 
described by Dioscorr'es 13 and other ancient writers 
are now looked uf m as mere varieties. Theo- 
phrastus, 1 * for example, says that the three princi- 
pal sorts are the white, the black, and that which is 
called helix (eAif). The black is our common ivy, 
and the helix seems to be only the same plant be- 
fore it has become capable of bearing fruit. " That 
the helix is the ivy in its barren state," observes 
Martyn, "is plain from the account which Theo- 
phrastus gives of it : he says the leaves are angu- 
lar, and more neat than those of ivy, which has 




them * junder and more simple. He adds, moreo- 
ver, that it is barren. As for the white ivy, it seems 
to be unknown to us. Some, indeed, imagine it to 
be that variety of which the leaves are variegated 
with white. But Theophrastus expressly mentions 
the whiteness of the fruit. Pliny 1 has confounded 
the ivy with the cistus, being deceived by the simi- 
larity of the two names, that of ivy being Kiaoog or 
kittoc, and that of the cistus, kiotoc." Fee 3 thinks 
that the white ivy is the Azarina of the Middle Ages ; 
in other words, the Antirrhinum asarinum, L. 
Sprengel, on the other hand, makes it the same 
with the helix ; " solet enim," he observes, " quando- 
que folia habere nervis albis pallcntia." — The bota- 
nists of the Middle Ages established as a species of 
Ivy, under the name of arborea, a variety which the 
moderns merely distinguish by the epithet " corym- 
bosa." It is the same with that of which Virgil 
speaks in the third Eclogue, and in the second book 
of the Georgics, 3 and which is also described with 
as much elegance as precision in a passage of the 
Culex.* The Hedera nigra of the seventh and eighth 
Eclogues 6 is the same which the ancients termed 
" Dionysia" from its being sacred to Bacchus. It 
is the Hedera poetica of Bauhin. The epithet nigra 
has reference to the dark hue of the berries and the 
deep green colour of the leaves. 6 Sibthorp, speak- 
ing of the Hedera helix, as found at the present day 
in Greece, remarks, " This tree hangs as a curtain 
in the picturesque scenery of the marble caves ol 
Pendeli. The leaves are used for issues." 7 

CISTA (Kiarn) was a small box or chest, in which 
anything might be placed ; but the term was more 
particularly applied, especially among the Greeks, 
to the small boxes which were carried in proces- 
sion in the festivals of Demeter and Dionysus. 
These boxes, which were always kept closed in the 
public processions, contained sacred thing?) connect- 
ed with the worship of these deities. 8 

In the representations of the Dicnysian proces- 
sions, which frequently form the subject of paint- 
ings on ancient vases, women carrying cistae are 




constantly introduced. From one of these pami 
ings, given by Millin in his Peinlures de Vases An 
tiques, the preceding woodcut is taken ; and a simi- 
lar figure from the same work is given on page 188 

1. (H. N., xvi., 34.)— 2. (Flore de Virgile, p. lxiv.)— 3. (Ec 
log., iii., 39.— Georg., ii., 258.)— 4. (v., 140.)— 5. (vii., 38; vm. 
12 )— 6. (Fee, Flore de Virgile, p. lxiii.)— 7 (Walpole's Me 
moirs, vol. i., p. 240.)— 8. (Ovid, De Art. Amat., ii., 609— C» 
tull..l«— «»*0— Tfbull.. I . vii., 48.) 

257 



CITRUS 



CIV1TAS. 



♦CISTHUS or CISTUS (aiaBog, niorog). The 
common niorog of the Greeks was either the Cistus 
Creticus or C. ladaniferus. This is the tree which 
produces the famous gum Ladanum. (Vid. Lada- 
num.) Sibthorp makes the niorog dfovg of Dioscor- 
ides to be the Cistus salvifolius. 1 

CISTO'PHORUS (Kioro<j>6pog), a silver coin, 
which is supposed to belong to Rhodes, and which 
was in general circulation in Asia Minor at the time 
of the conquest of that country by the Romans. 2 
It took its name from the device upon it, which was 
either the sacred chest (cista) of Bacchus, or, more 
probably, a flower called niorog. Rs value is ex- 
tremely uncertain, as the only information we pos- 
sess on the subject is in two passages of Festus, 
which are at variance with each other, and of which 
certainly one, and probably the other, is corrupt. 3 
Mr. Hussey (p. 74, 75), from existing coins which 
he takes for cistophori, determines it to be about § 
of the later Attic drachma, or Roman denarius of 
the Republic, and worth in our money about l\d. 

CI'THARA. {Vid. Lyra.) 

* CITRUS (Kirpia or Kir pea), the Citron-tree. For 
a long period, as Fee remarks,* the Citron was with- 
out any specific name among both the Greeks and 
R,omans. Theophrastus merely calls it ^irfkia M77- 
6lkv f) UepaiKT/. Pliny 5 styles it the Median or As- 
syrian Apple-tree, " Malus Medica sive Assyriaca." 
At a later period, fxrjXia Hepamrj became a name ap- 
propriated to the Peach-tree, while " malus Assyri- 
zca" ceased to be used at all : the designation of 
the Citron-tree then became more precise, under 
the appellation of malus Medica or Citrus (fivlea 
MrjdtKT}, Kirpia). Of all the species of " Citrus" 
that which botanists term, par excellence, the Citron- 
tree of Media, was probably the first known in the 
West. Virgil 6 gives a beautiful description of it, 
styling the fruit " felix malum." This epithet felix 
is meant to indicate the "happy" employment of 
the fruit as a means of cure in cases of poisoning, 
as well as on other occasions ; while the tristes 
sued indicate, according to Fee, the bitter savour 
of the rind, for it is of the rind that the poet here 
points out, as he thinks, the medical use : he makes 
no allusion to the refreshing effects of the citron, 
but only to its tonic action ; and this latter could 
not refer to the juice, the properties of which were 
not as yet well known. Some commentators think 
that, when Josephus speaks of the apple of Persia, 
which in his time served as " hadar" he means the 
citron. This, however, cannot be correct. It would 
seem that he merely refers to a remarkable and 
choice kind of fruit, which was to be an offering to 
the Lord ; s'o that hadar cannot be the Hebrew for 
the citron- tree or its produce. 7 Neither is there 
any ground for the belief that the Jews in the time 
of Moses were acquainted with this tree. 8 — Virgil 9 
says that the fruit of the citron was a specific against 
poison, and also that the Medes chewed it as a cor- 
rective of fetid breaths, and as a remedy for the 
asthma. Athenaeus 10 relates a remarkable story of 
the use of citrons against poison, which he had from 
a friend of his who was governor of Egypt. This 
governor had condemned two malefactors to death 
by the bite of serpents. As they were being led to 
execution, a person, taking compassion on them, 
gave them a citron to eat. The consequence of this 
was, that though they were exposed to the bite of 
the most venomous serpents, they received no in- 
jury. The governor, being surprised at this extraor- 

1. CTheophxast., vi., 2.— Dioscor., L, 128.— Adams, Append., 
s. v.)~r2- (Liv., xxxvii., 46, 58 ; xxxix., 7. — Cic. ad Att., ii., 6 ; 
xi., 1.)— 3- (Festus, s. v. Euboicum Talentum, and Talentorum 
noii, &c. — Vid. Miillev's notes.) — 4. (Flore de Virgile, p. cvi.) — 
5. (II. N., xv., 14.)— 6. (Georg., ii., 126, seqq.)— 7. (Fee, 1. c.) 

tt. (Fee I.e.)— ft f c.)— 10. (lib. hi., c. 28.) 
258 



dinary rbsult, inquired of the soldier who guarded 
them what they had eaten or drunk that day, and 
being informed that they had only eaten a citron, 
he ordered that the next day one of them should 
eat citron and the other not. He who had not tast 
ed the citron died presently after he was bitten ; 
the other remained unhurt ! — Palladius 1 seems to 
have been the first who cultivated the citron with 
any success in Italy. He has a whole chapter on 
the subject of this tree. It seems, by his account, 
that the fruit was acrid, which confirms what The- 
ophrastus and Pliny have said of it, that it was not 
esculent. It may have been meliorated by culture 
since his time. 2 

CIVTLE JUS. (Vid. Jus Civile.) 

CIVI'LIS ACTIO. (Vid. Actio, p. 17.) 

CIVIS. (Vid. Civitas.) 

CFVITAS (GREEK) (liolirua). In the thira 
book of the Politics, Aristotle commences his in- 
quiry into the nature of states with the question, 
"What constitutes a citizen?' (TroMrvg.) He de 
fines a citizen to be one who is a partner in the le- 
gislative and judicial power (fiiroxoc xploeug nai 
dpxvc'). No definition will equally apply to all the 
different states of Greece, or to any single state at 
different times ; the above seems to comprehend 
more or less properly all those whom the common 
use of language entitled to the name. 

A state in the heroic ages was the government 
of a prince ; the citizens were his subjects, and de- 
rived all their privileges, civil as well as religious, 
from their nobles and princes. Nothing could have 
been farther from the notions of those times than 
the ideas respecting the natural equality of freemen 
which were considered self-evident axioms in the 
democracies of an after period. In the early gov. 
ernments there were no formal stipulations ; the 
kings were amenable to the gods alone. The 
shadows of a council and assembly were already in 
existence, but their business was to obey. Com- 
munity of language, of religion, and of legal rights, 
as far as they then existed, was the bond of union ; 
and their privileges, such as they were, were read- 
ily granted to naturalized strangers. Upon the 
whole, as Wachsmuth has well observed, the no- 
tion of citizenship in the heroic age only existed so 
far as the condition of aliens or of domestic slaves 
was its negative. 

The rise of a dominant class gradually overthrew 
the monarchies of ancient Greece. Of such a class, 
the chief characteristics were good birth and the 
hereditary transmission of privileges, the possession 
of land, and the performance of military service. 
To these characters the names yafiopoi, 'nrweic, ev 
narpidai, &c, severally correspond. Strictly speak- 
ing, these were the only citizens ; yet the lower 
class were quite distinct from bondmen or slaves. 
It commonly happened that the nobility occupied 
the fortified towns, while the drjjiog lived in the 
country and followed agricultural pursuits : when- 
ever the latter were gathered within the walls, and 
became seamen or handicraftsmen, the difference 
of ranks was soon lost, and wealth made the only 
standard. The quarrels of the nobility among 
themselves, and the admixture of population arising 
from immigrations, all tended to raise the lower 
orders from their political subjection. It must be 
remembered, too, that the possession of domestic 
slaves, if it placed them in no new relation to the 
governing body, at any rate gave them leisure to 
attend to the higher duties of a citizen, and thus 
served to increase their political efficiency. 

During the convulsions which followed the heroic 
ages, naturalization was readily granted to all who 
desired it ; as the value of citizenship increa sed, it 

1. (Martyn ad Virg., Georg., ii., 134 )— 2. (Martyn. 1 " > 



CIVITAS. 



CIVITAS 



was, of course, more sparingly bestowed. The ties 
of hospitality descended from the prince to the state, 
and the friendly relations of the Homeric heroes 
were exchanged for the irpo&viai of a later period. 
In political intercourse, the importance of these 
last soon began to be felt, and the 7rp6fevoc at Ath- 
ens, in after times, obtained rights only inferior to 
actual citizenship. (Vid. Proxenos.) The isopo- 
lite relation existed, however, on a much more ex- 
tended scale. Sometimes particular privileges were 
granted : as £7rtyafiia, the right of intermarriage ; 
tyKTTjaig, the right of acquiring landed property ; 
arkhua, immunity from taxation, especially ureXeia 
fieroiKiov, from the tax imposed on resident aliens. 
All these privileges were included under the gen- 
eral term loorekua or looixokirua, and the class 
who obtained them were called laoTelelg. They 
bore the same burdens with the citizens, and could 
plead in the courts or transact business with the 
people without the intervention of a TrpooT&Tns} 
If the right of citizenship was conferred for services 
done to the state, the rank termed 7rpoedpta or evep- 
yeoia might be added. Naturalized citizens, even 
of the highest grade, were not precisely in the same 
condition with the citizen by birth, although it is 
not agreed in what the difference consisted. Some 
think that they were excluded from the assembly, 8 
others that they were only ineligible to offices, or, 
at any rate, to the archonship. 

The candidate on whom the citizenship was to 
be conferred was proposed in two successive as- 
semblies, at the second of which at least six thou- 
sand citizens voted for him 'by ballot : even if he/ 
succeeded, his admission, like every other decree, 
was liable during a whole year to a ypaffj irapavo- 
fiuv. He was registered in a phyle and deme, but 
not enrolled in the phratria and genos ; and hence 
it has been argued that he was ineligible to the of- 
fice of archon or priest, because unable to partici- 
pate in the sacred rites of 'AnoMuv Uarptiot; or 
Zevr 'EpK«of. 

Thd object of the phratria? (which were retained 
il the constitution of Clisthenes, when their num- 
ber no longer corresponded to that of the tribes) 
was to preserve purity and legitimacy of descent 
among the citizens. Aristotle says 3 that for prac- 
tical purposes it was sufficient to define a citizen 
as the son or grandson of a citizen, and the register 
of the phratriae was kept chiefly as a record of the 
citizenship of the parents. If any one's claim was 
disputed, this register was at hand, and gave an 
answer to all doubts about the rights of his parents 
or his own identity. Every newly-married woman, 
herself a citizen, was enrolled in the phratriae of her 
husband, and every infant registered in the phratria 
and genos of its father. All who were thus regis- 
tered must have been born in lawful wedlock, of 
parents who were themselves citizens ; indeed, so 
far was this carried, that the omission of any of the 
requisite formalities in the marriage of the parents, 
if it did not wholly take away the rights of citizen- 
ship, might place the offspring under serious disa- 
bilities. This, however, was only carried out in its 
utmost rigour at the time when Athenian citizen- 
ship was most valuable. In Solon's time, it is not 
certain that the offspring of a citizen and of a for- 
eign woman incurred any civil disadvantage ; and 
even the law of Pericles,* which exacted citizen- 
ship on the mother's side, appears to have become 
obsolete very soon afterward, as we find it re-en- 
acted by Aristophon in the archonship of Euclides, 
B.C. 403. 5 

1. (Bockh, Public Econ. of Athens, ii., p. 316, 318.— Niebuhr, 
Hist. Rom., ii., p. 50.— Hermann, Manual., c.vi.)— 2. (Niebuhr, 
Hist. Rom., ii., p. 50.)— 3. (Pol., iii., 2.)— 4. (Plut., Pericl., c. 
•7 )--5. (Atheneus. xiii., p. 577, 6.) 



It is evident, then, from the very object ol itus 
phratriae, why the newly-admitted citizen was not 
enrolled in them. As the same -easoii did not ap- 
ply to the children, these, if born of women whe 
were citizens, were enrolled in the phratria oi theii 
maternal grandfather. 1 Still an additional safe- 
guard was provided by the registry of the deme. 
At the age of sixteen, the son of a citizen was re 
quired to devote two years to the exercises of the 
gymnasia, at the expiration of which term he was 
enrolled in his deme ; and, after taking the oath of 
a citizen, was armed in the presence of the assem- 
bly. He was then of age, and might marry ; but 
was required to spend two years more as a rrepiiro- 
log in frontier service before he was admitted to 
take part in the assembly of the people. The ad- 
mission into the phratria and deme were alike at- 
tended with oaths and other solemn formalities : 
when a doKi/iaoia or general scrutiny of the claims 
of citizens took place, it was intrusted to both of 
them ; indeed, the registry of the deme was the 
only check upon the naturalized citizen. 

These privileges, however, were only enjoyed 
while the citizen was eTiiriftog : in other words, did 
not incur any sort of urtfica. 'Art/zia was of two 
sorts, either partial or total. In the former case, 
the rights of citizenship were forfeited for a time 
or in a particular case ; as when public debtors, for 
instance, were debarred from the assembly and 
courts until the debt was paid; 2 or when a plaintiff 
was subjected to a-ipia, and debarred from institu- 
ting certain public suits if he did not obtain a fifth 
part of the votes. 3 Total aTifiia was incurred for 
the worse sort of crimes, such as bribery, embez 
zlement, perjury, neglect of parents, &c* It did 
not affect the property of the delinquent, but only 
deprived him of his political rights : perhaps it did 
not contain any idea even of dishonour, except in 
so far as it was the punishment of an offence. The 
punishment did not necessarily extend to the family 
of the offender, although in particular cases it may 
have done so. 5 

Recurring, then, to Aristotle's definition, we find 
the essential properties of Athenian citizenship to 
have consisted in the share possessed by every citi- 
zen in the legislature, in the election of magistrates, 
in the 6oKi[iaaia, and in the courts of justice. 

The lowest unity under which the citizen was 
contained was the yhog or clan ; its members were 
termed yevvfjTai or dfioyuhanTEc;. Thirty yevrj form- 
ed a (ftparpia, which latter division, as was observ- 
ed above, continued to subsist long after the four 
tribes, to which the twelve phratnes anciently cor- 
responded, had been done away by the constitution 
of Clisthenes. There is no reason to suppose that 
these divisions originated in the common descent 
of the persons who were included in them, as they 
certainly did not imply any such idea in later times. 
Rather they are to be considered as mere political 
unions, yet formed in imitation of the natural ties 
of the patriarchal system. 

If we would picture to ourselves the true notion 
which the Greeks imbodied in the word tzoIlc, we 
must lay aside all modern ideas respecting the na- 
ture and object of a state. With us, practically, if 
no'*, in theory, the essential object of a state hardly 
embraces more than the protection of life and prop- 
erty. The Greeks, on the other hand, had the most 
vivid conception of the state as a whole, every part 
of which was to co-operate to some great end, to 
which all other duties were considered as subordi- 
nate. Thus the aim of democracy was said to be 
liberty ; wealth, of oligarchy ; and education, of ar- 



1. (I8seus, De Apol. Haered., c. 15.)— 2. (Hermann, Manual, 
6 124.)— 3. (Bockh, Publ. Econ. of Athens, ii.. p. 111.)— 4. (An- 
doc., p. 10, 22.)— 5. (Demosth., c Mid., c. 32.) 

259 



CIVITAS. 



CJ VITAS. 



istocracy. In all governments the endeavour was 
to draw the social union as close as possible, and it 
seems to have been with this view that Aristotle 
laid down a principle which answered well enough 
to the accidental circumstances of the Grecian 
states, that a irSXtg must be of a certain size (Ov 
yap eK detect, pivptdduv tzoIlc etl koriv 1 ). 

This unity of purpose was nowhere so fully car- 
ried out as in the government of Sparta ; and, if 
Sparta is to be looked upon as the model of a Do- 
rian state, we may add, in the other Dorian govern- 
ments. Whether Spartan institutions in their es- 
sential parts were the creation of a single master- 
mind, or the result of circumstances modified only 
by the genius of Lycurgus, their design was evi- 
dently to unite the governing body among them- 
selves against the superior numbers of the subject 
population. The division of lands, the syssitia, the 
education of their youth, all tended to this great 
object. The most important thing, next to union 
among themselves, was to divide the subject class, 
and, accordingly, we find the government confer- 
ring some of the rights of citizenship on the Helots. 
Properly speaking, the Helots cannot be said to have 
had any political rights ; yet, being serfs of the soil, 
they were not absolutely under the control of their 
masters, and were never sold out of the country 
even by the state itself. Their condition was not 
one of hopeless servitude ; a legal way was open 
to them, by which, through many intermediate sta- 
ges, they might attain to liberty and citizenship. 8 
Those who followed their masters to war were 
deemed worthy of especial confidence ; indeed, 
when they served among the heavy-armed, it seems 
to have been usual to give them their liberty. The 
dtGirooiovavrai, by whom the Spartan fleet was al- 
most entirely manned, were freedmen, who were 
allowed to dwell where they pleased, and probably 
had a portion of land allotted them by the state. 
After they had been in possession of their liberty 
for some time, they appear to have been called veo- 
dapiodeic, 3 the number of whom soon came near to 
that of the citizens. The /zodavec. or /zottaKec. (as 
their name implies) were also emancipated Helots ; 
their descendants, too, must have received the 
rights of citizenship, as Callicratidas, Lysander, and 
Gylippus were of Mothacic origin.* We cannot 
suppose that they passed necessarily and of course 
into the full Spartan franchise ; it is much more 
probable that at Sparta, as at Athens, intermarriage 
with citizens might at last entirely obliterate the 
badge of former servitude. 

The perioeci are not to be considered as a sub- 
ject class, but rather as a distinct people, separa- 
ted by their customs as well as by their origin from 
the genuine Spartans. It seems unlikely that they 
were admitted to vote in the Spartan assembly ; 
yet they undoubtedly possessed civil rights in the 
communities to which they belonged, 5 and which 
would hardly have been called nb'keic. unless they 
had been in some sense independent bodies. In 
the army they commonly served as hoplites, and 
we find the command at sea intrusted to one of this 
class. 6 In respect of political rights, the perioeci 
were in the same condition with the plebeians in 
the early history of Rome, although in every other 
respect far better off, as they participated in the di- 
vision of lands, and enjoyed the exclusive privilege 
of engaging in trade and commerce. 

What confirms the view here taken is the fact 
that, as far as we know, no individual of this class 
was ever raised to participate in Spartan privileges. 

Nothing, however, can be more erroneous than 

1. (Pol., vii., 4.— Nic. Eth., ix., 10.)— 2. (Muller, Dorians, 
ni., 3, $ 5.)— 3. (Thucyd., vii., 58.)— 4. (Muller, Dorians, ii., 3, 
* 6.)— 5. (Muller, Dorians, iii., 2, $ 4.)— 6. (Thucyd., viii., 22.) 
260 



to look upon them as an oppressed race. Eve* 
their exclusion from the assembly cannot be view- 
ed in this light ; for, had they possessed the privi- 
lege, their residence in the country would have de- 
barred them from its exercise. It only remains to 
consider in what the superiority of the genuine 
Spartan may have consisted. In the first place, 
besides the right of voting in the assembly and be- 
coming a candidate for the magistracies, he was 
possessed of lands and slaves, and was thus ex 
empt from all care about the necessaries of life . 
secondly, on the field -of battle he always server 
among the hoplites; thirdly, he participated in tb 
Spartan education, and in all other Dorian institr, 
tions, both civil and religious. The reluctant. 
which Sparta showed to admit foreigners was prt 
portioned to the value of these privileges : indeee 
Herodotus 1 says that Sparta had only conferred tin 
full franchise in two instances. In legal rights al 
Spartans were equal ; but there were yet several 
gradations, which, when once formed, retained then 
hold on the aristocratic feelings of the people.' 
First, as we should naturally expect, there was the 
dignity of the Heraclide families ; and, connected 
with this, a certain pre-eminence of the Hyllean 
tribe. Another distinction was that between the 
ofiotoi and vnopeiovec, which in later times appears 
to have been considerable. The latter term proba- 
bly comprehended those citizens who, from degen- 
eracy of manners or other causes, had undergone 
some kind of civil degradation. To these the bjioioi 
were opposed, although it is not certain in what the 
precise difference consisted. It need hardly be add- 
ed, that at Sparta, as elsewhere, the union of wealth 
with birth always gave a sort of adventitious rank 
to its possessor. 

All the Spartan citizens were included in the 
three tribes, Hylleans, Dymanes or Dymanatae, and 
Pamphilians, each of which were divided into ten 
obes or phratries. Under these obes there must, 
undoubtedly have been contained some lesser sub- 
division, which Muller, with great probability, sup- 
poses to have been termed rpiatcdg. The citizens 
of Sparta, as of most oligarchical states, were land- 
owners, although this does not seem to have been 
looked upon as an essential of citizenship. 

It would exceed the limits of this work to give 
an account of the Grecian constitutions, except so 
far as may illustrate the rights of citizenship. What 
perversions in the form of government, according 
to Greek ideas, were sufficient to destroy the es- 
sential notion of a citizen, is a question which, fol- 
lowing Aristotle's example, 3 we may be content to 
leave undecided. He who, being personally free, 
enjoyed the fullest political privileges, participated 
in the assembly and courts of judicature, was eli- 
gible to the highest offices, and received all this by 
inheritance from his ancestors, most entirely satis- 
fied the idea which the Greeks expressed in the 
word -Kokirtiq. 

CI'VITAS (ROMAN). Civitas means the whole 
body of cives or members of any given state. It is 
defined by Cicero* to be "concilium coetusque hom- 
inum jure sociati." A civitas is, therefore, properly 
a political community, sovereign and independent. 
The word civitas is frequently used by the Roman 
writers to express the rights of a Roman citizen, as 
distinguished from those of other persons not Ro- 
man citizens, as in the phrases dare civitatcm, dona- 
re civitate, usurpare civitatem. 

If we attempt to distinguish the members of any 
given civitas from all other people in the world, we 
can only do it by enumerating all the rights and 
duties of a member of this civitas, which are not 

1. (ix., 35.)— 2. (Muller, Dorians, iii c 5, $ 7.)— 3. (Pol., ib 
5.) — 4. (Somn. Scip., c. 3.) 



CIVITAS. 



CIVITAS. 



rights and duties of a person who is not a member 
of this civitas. If any rights and duties which be- 
long to a member of this civitas, and do not belong 
to any person not a member of this civitas, are 
omitted in the enumeration, it is an incomplete 
enumeration ; for the rights and duties not express- 
ly included must be assumed as common to the 
members of this civitas and to all the world. Hav- 
ing enumerated all the characteristics of the mem- 
bers of any given civitas, we have then to show 
how a man acquires them, and the notion of a 
member of such civitas is then complete. 

Some members of a political community (cives) 
may have more political rights than others ; a prin- 
ciple by the aid of which Savigny 1 has expressed 
briefly and clearly the distinction between the two 
great classes of Roman citizens under the Repub- 
lic : " In the free Republic there were two classes 
of Roman citizens, one that had, and another that 
had not, a share in the sovereign power (optimo 
jure, non optimo jure cives). That which peculiarly 
distinguished the higher class was the right to vote 
in a tribe, and the capacity of enjoying magistracy 
(suffragium ct honores)." According to this view, 
the jus civitatis comprehended that which the Ro- 
mans called jus publicum, and also, and most par- 
ticularly, that which they called jus privatum. The 
jus privatum comprehended the jus connubii and 
jus co'mmercii, and those who had not these had 
no citizenship. Those who had the jus suffra- 
giorum and jus honorum had the complete citizen- 
ship, or, in other words, they were optimo jure 
<?ives. Those who had the privatum, but not the 
publicum jus, were citizens, though citizens of an 
inferior class. The jus privatum seems to be equiv- 
alent to the jus Quiritium, and the civitas Romana 
to the jus publicum. Accordingly, we sometimes 
5nd the jus Quiritium contrasted with the Romana 
civitas. 2 Livy' says that, until B.C. 188, the For- 
oiiani, Fundani, and Arpinates had the civitas with- 
out the suffragium. 

Ulpian* has stated, with great clearness, a distinc- 
tion, as existing in his time among the free persons 
who were within the political limits of the Roman 
state, which it is of great importance to apprehend 
clearly. The distinction probably existed in an 
early period of the Roman state, and certainly ob- 
tained in the time of Cicero. There were three 
classes of such persons, namely, cives, Latini, and 
peregrini. Gaius 5 points to the same division where 
he says that a slave, when made free, might be- 
come a civis Romanus or a Latinus, or might be in 
the number of the peregrini dediticii, according to 
circumstances. Civis, according to Ulpian, is he 
who possesses the complete rights of a Roman citi- 
zen. Pcregrinus was incapable of exercising the 
rights of commercium and connubium, which were 
the characteristic rights of a Roman citizen ; but 
he had a capacity for making all kinds of contracts 
which were allowable by the jus gentium. The 
Latinus was in an intermediate state ; he had not 
the connubium, and, consequently, had not the 
oatria potestas, nor rights of agnatio ; but he had the 
commercium, or the right of acquiring quiritarian 
ownership, and he had also a capacity for all acts 
incident to quiritarian ownership, as vindicatio, in 
jure cessio, mancipatio, and testamenti factio, 
which last comprises the power of making a will in 
Roman form, and of becoming heres under a will. 
These were the general capacities of a Latinus and 
peregrinus ; but a Latinus or a peregrinus might 
obtain by special favour certain rights which he had 
not by virtue of his condition only. The legitima 

I. (Geschichte des Rdm. Rechts im Mittelalter, c. ii., p. 22.) 
—2. (Plin., Eo., x., 4. 22 - -Ulp., Fra?., tit. 3, t> 2.)— 3. (xxxviii., 
%6.)— 4. (Frag., tit. 5, *4; l'-U 4 ; 20, ft 8 ; 11, d 6.)— 5 (:., 12.) 



hereditas was not included in the testamenti factn*. 
for the legitima hereditas presupposed agnatio, and 
agnatio presupposed connubium. 

According to Savigny, the notion of civis and 
civitas had its origin in the union of the patricii and 
the plebes as one state. The peregrinitas, in the 
sense above stated, originated in thp conquest of a 
state by the Romans, when the conquered state did 
not obtain the civitas ; and he conjectures that the 
notion of peregrinitas was applied originally to all 
eitizens of foreign spates who had a fcedus with 
Rome. 

The rights of a Roman citizen were acquired in 
several ways, but most commonly by a person being 
born of parents who were Roman citizens. A pa- 
ter familias, a filius familias, a mater familias, and 
filia familias, were all Roman citizens, though the 
first only was sui juris, and the rest were not If a 
Roman citizen married a Latina or a peregrina, be- 
lieving her to be a Roman citizen, and begot a child, 
this child was not in the power of his father, be- 
cause it was not a Roman citizen ; but the child 
was either a Latinus or a peregrinus, according to 
the condition of his mother; and no child followed 
the condition of his father unless there was connu- 
bium between his father and mother. By a sena- 
tus consultum, the parents were allowed to prove 
their mistake (causarn crroris probare) ; and, on this 
being done, both the mother and th£ child became 
Roman citizens, and, as a consequence, the son 
was in the power of the father. 1 Other cases rela- 
ting to the matter, called causae probatio, are stated 
by Gaius, 8 from which it appears that the facilities 
for obtaining the Roman civitas were gradually ex- 
tended. 3 

A slave might obtain the civitas by manumis- 
sion (vindicta), by the census, and by a testan^n 
turn, if there was no legal impediment ; but it de- 
pended on circumstances, as already stated, whet'o- 
er he became a civis Romanus, a Latinus, or in 
the number of the peregrini dediticii. (Vid. Man- 
umissio.) 

The civitas could be conferred on a foreigner by 
a lex, as in the case of Archias, who was a civis of 
Heraclea, a civitas which had a fcedus with Rome, 
and who claimed the civitas Romana under the pro- 
visions of a lex of Silvanus and Carbo, B.C. 89.* By 
the provisions of this lex, the person who chose to 
take the benefit of it was required, within sixty 
days after the passing of the lex, to signify to the 
praetor his wish and consent to accept the civitas 
(profiteri). Cicero 6 speaks of the civitas being giv- 
en to all the Neapolitani ; and in the oration Pro 
Balbo 6 he alludes to the Julian lex (B.C. 90), by 
which the civitas was given to the socii and Latini ; 
and he remarks that a great number of the people 
of Heraclea and Neapolis made opposition to this 
measure, preferring their former relation to Rome 
as civitates foederatae (faderis sui libertatem) to 
the Romana civitas. The lex of Silvanus and 
Carbo seems to have been intended to supply a de- 
fect in the Julia lex, and to give the civitas, under 
certain limitations, to foreigners who were citizens 
of fcederate states {fcederalis civitatibus adscriptt) 
Thus the great mass of the Italians obtained the 
civitas, and the privileges of the former civitates 
foederatae were extended to the provinces, first to 
part of Gaul, and then to Sicily, under the name of 
Jus Latii or Latinitas. This Latinitas gave a man 
the right of acquiring the Roman citizenship by- 
having exercised a magistratus in his own civi- 
tas ; a privilege which belonged to the foederatae 
civitates of Italy before they obtained the Roman 



1. (Gaius, i., 67.)— 2 (i., 29, &c. ; i , 66, &c.)— 3. (See alt« 
Uipiun, Fragm., tit. 3, " De Latinis.")— 4. (Cic, Pro Arch. 
4.)— 5. (Ep. ad Fam., liii., 30.)— 6. (c. 7.) 

2fil 



CLAVIS. 



CLAVIS 



civitas. It probably also included the Latinitas of 
Ulpian, that is, the commercium or individual privi- 
lege. 1 

With the establishment of the imperial power, 
the political rights of Roman citizens became in- 
significant, and the commercium and the more easy 
acquisition of the rights of citizenship were the 
only parts of the civitas that were valuable. The 
constitution of Antoninus Caracalla, which gave the 
civitas to all the Roman world, applied only to com- 
munities, and not to individuals ; its effect was to 
make all the cities in the empire municipia, and all 
Latini into cives. The distinction of cives and La- 
tini, from this time forward, only applied to individ- 
uals, namely, to freedmen and their children. The 
peregrinitas, in like manner, ceased to be applica- 
ble to communities, and only existed in the dedi- 
ticii as a class of individuals. The legislation of 
Justinian finally put an end to what remained of 
this ancient division into classes, and the only di- 
vision of persons was into subjects of the Cassar 
and slaves. 

The origin of the Latinitas of Ulpian is referred 
by Savigny, by an ingenious conjecture, to the 
year B.C. 209, when eighteen of the thirty Latin 
colonies remained true to Rome in their struggle 
against Hannibal, while twelve refused their aid. 
The disloyal colonies were punished ; and it. is a 
conjecture of £avigny, and, though only a conjec- 
ture, one supported by strong reasons, that the 
eighteen loyal colonies received the commercium 
as the reward of their loyalty, and that they are the 
origin of the Latinitas of Ulpian. This conjecture 
renders intelligible the passage in Cicero's oration, 2 
in which he speaks of nexum and hereditas as the 
rights of the twelve (eighteen 1) colonies. 

The word civitas is often used by the Roman 
writers to express any political community, as Civ- 
itas Antiochiensium, &c. 

(Savigny, Zeitschrift, v., &c, Ueber die Entste- 
hung, &c, der Latinit'dt ; Heinecc, Syntagma, ed. 
Haubold, Epicrisis ; Rosshirt, Grundlinien des Rom. 
Rechts, Einleitung ; and vid. Banishment, and Ca- 
put.) 

CLARTGA'TIO. (Vid. Fetiales.) 

CLASSES. (Vid. Caput, Comitia.) 

CLA'SSICUM. (Vid. Coenu.) 

CLAVA'RIUM. (Vid. Clavus.) 

CLAVIS (kIclc, dim. nheidiov), a Key. The key 
was used in very early times, and was probably 
introduced into Greece from Egypt ; although Eu- 
stathius 3 states that in early times all fastenings 
were made by chains, and that keys were compar- 
atively of a much later invention, which invention 
he attributes to the Laconians. Pliny 4 records the 
name of Theodoras of Samos as the inventor, the 
person to whom the art of fusing bronze and iron is 
ascribed by Pausanias. (Vid. Bronze, p. 178 ) 

We have no evidence regarding the materials of 
which the Greeks made their keys, but among the 
Romans the larger and coarser sort were made 
of iron. Those discovered at Pompeii and else- 
where are mostly of bronze, which we may assume 
to be of a better description, such as were kept by 
the mistress (matrona) of the household. In ages 
still later, gold and even wood are mentioned as 
materials from which keys were made. 5 

Among the Romans the key of the house was 
consigned to the porter (janitor 6 ), and the keys of 
the other departments in the household to the slave 
upon whom the care of each department devolved, 7 

1. (Strab., v., 187, ed. C&saub.) — 2. (Pro Caecina, 35.) — 3. 
(ad Horn., Od., ix.)—4. (H. N., vii., 57.)— 5. (Augustin., De 
Doctrin. Christ., iv., 2.) — 6. (Apuleius, Met., i., p. 53, ed. 
Oudendorp. — Chrysost., Sern , 172.) — 7. (Senec, De Ira, ii., 
25.) 

2C2 



upon a knowledge of wnich custom the point of trm 
epigram in Martial 1 turns. 

When a Roman woman first entered her hus- 
band's house after marriage, the keys, of the stores 
were consigned to her. Hence, when a wife was 
divorced, the keys were taken from her; 2 and when 
she separated from her husband, she sent him back 
the keys. 3 The keys of the wine-cellar were, how- 
ever, not given to the wife, according to Pliny,* who 
relates a story, upon the authority of Fabius Pictor, 
of a married woman being starved to death by her 
relatives for having picked the lock of the closet in 
which the keys of the cellar were kept. 

The annexed woodcut represents a key found at 
Pompeii, and now preserved in the Museum at Na- 
ples, the size of which indicates that it was used as 
a door-key. The tongue, with an eye in it, which 
projects from the extremity of the handle, served to 
suspend it from the porter's waist. 



w«« 




The expression sub clavi esse 5 corresponds with 
the English one, " to be under lock and key ;" but 
clavis is sometimes used by the Latin authors to 
signify the bolt it shoots. 6 

The city gates were locked by keys, 7 like those 
of our own towns during the Middle Ages. 

Another sort of key, or, rather, a key fitting an 
other sort of lock, which Plautus calls clavis Laco- 
nical is supposed to have been used with locks which 
could only be opened from the inside, such as are 
stated to have been originally in use ameng the 
Egyptians and Laconians (oi) yap, ug vvv, enroc jjoav 
at nXeidec, uXk' evdov to TraXacov 7rap' AiyvTrriotc, 
Kal AaKocFi 9 ). These are termed nXecdla Kpvrtrd by 
Aristophanes, 10 because they were not visible on the 
outside, and in the singular, clausa clavis, by Vir- 
gil ;" but the reading in this passage is very doubt- 
ful. 12 Other writers consider the KTietdia Kpvnrd 
and claves Laconica to be false keys, such as we 
now call " skeletons," and the Romans, in familiar 
language, adulterina. ,- 13 wherein consists the wit of 
the allusion in Ovid, 

" Nomine cumdoceat, quid agamus, adultera clavis" 1 * 
The next woodcut represents one of two similar- 
ly formed keys, which were discovered in Holland, 
and published by Lipsius. 15 It has no handle to act 
as a lever, and, therefore, could not have been made 




for a lock with wards, which cannot be turned with- 
out a certain application of force ; but, by inserting 
the thumb or forefinger into the ring, it would be am- 
ply sufficient to raise a latch or push back a bolt : 
and thus one sort, at least, of the keys termed Kpvrr- 
rai seems to be identified with the " latch-keys" in 
use among us ; for, when placed in the keyhole 
(clavi immittendee foramen 16 ), it would be almost en- 

1. (v., 35.)— 2. (Cic, Philipp., ii., 28.)— 3. (Ambros., Epist., 
vi., 3.)— 4. (H. N., xiv., 14.)— 5. (Varro, De Re Rust., i., 22.)— 
6. (Tibull., I., vi., 34; II., iv., 31.)— 7. (Liv., xxvii., 24.) — 8. 
(Most., II., i., 57.)— 9. (Theon. ad Aratum, 192.) - 10. (Thes- 
moph.,421, ed. Brunck.) — 11. (Moret., 15.) — 12. (Ileyne, ad 
loc.) — 13. (Sail., Jugurth., 12.) — 14. (Art. Amat., iii., 643.)- 
15. (Excurs. ad Tac., Ann., ii., 2.)— 16. (Apul., iv., p. 259, ed 
Oudendorp.) 



jlavus. 



CLAVUS GUEERNACULI. 



•irely ouried in it, the ring only, which lies at right 
angles to the wards, and that scarcely, being visible 
without. 

CLAVUS (f]1oc, y6fj.(j>og), a Nail. In the subterra- 
ueous chamber at Mycenae, 1 supposed to be the 
treasury of Atreus, \ view of which is given in Sir 
W. Gell's Itinerary of Greece (plate vi.), the stones 
of which the cylindrical dome is constructed are 
perforated by regular series of bronze nails, running 
in perpendicular rows, and at equal distances, from 
the top to the bottom of the vault. It is supposed 
that they served to attach thin plates of the same 
metal to the masonry, as a coating for the interior 
af the chamber ; and hence it is that these subter- 
ranean works, which served for prisons as well as 
treasuries, like the one in which Danae is said to 
have been confined, were called by the poets brazen 
chambers. 3 Two of these nails are represented in 
the annexed woodcut, of two thirds the real size ; 
they consist of 88 parts of copper to 12 of tin. 




The writer was present at the opening of an 
Etruscan tomb at Csere, in the year 1836, which had 
never been entered since the day it was closed up. 
The masonry of which it was constructed was 
studded with nails exactly similar in make and ma- 
terial to those given above, upon which were hung 
valuable ornaments in gold and silver, entombed, 
according to custom, with their deceased owner. 

Nails of this description were termed trabales and 
tabulares 3 by the Romans, because they were used, 
in building, to join the larger beams (trabes) together. 
Hence the allusion of Cicero.* " Ut hoc beneficium 
clavo trabali figeret;" and Horace arms Necessitas 
with a nail of the same kind, 6 or of adamant, 6 
wherewith to rivet, as it were, irrevocably the de- 
crees of Fortune. Thus Atropos is represented in 
the subjoined woodcut, taken from a cup found at 




Peiugia, upon which the story of Meleager and At 
aianta is imbodied, 7 with a 



hammer in her right 



aidiua is iiuuuuieu,' whii a naininer m uei ugnt 

1. (Paus., ii., 16. *> 5.) — 2. (Hor., Carm., III., xvi., 1.)— 3. 
Matron , 75.)— 4. (Verr., vi., 21.)— 5. (Carm.,I.,xtxv., 18.)— 6. 
id., III., xxiv.. 5 ) — 7. (Veriniglioli, Antic. Inscrii di Perngia, 
(..a '. p. 43.) 



hand, driving a nail which she holds against tha 
wall with her left. 

The next cut represents a nail of Roman work- 
manship, 1 which is highly ornamented and very cu- 
rious. Two of its faces are given, but the pattern 
varies on each of the four. 




It is difficult to say to what use this nail was ap 
plied. The ornamented head shows that it was 
never intended to be driven by the hammer ; nor 
would any part but the mere point, which alone is 
plain and round, have been inserted into any extra 
neous material. It might possibly have been used 
for the hair, in the manner represented in the wood- 
cut on page 21. 

Bronze nails were used in ship-building, 2 and to 
ornament doors, e.s exhibited in those of the Pan- 
theon at Rome ; in which case the head of the nail 
was called bulla, and richly ornamented, of which 
specimens are given at page 181. 

The soles of the shoes worn by the Roman sol- 
dier were also studded with nails, thence called 
" clavi caligarii." (Vid. Caliga). These do not 
appear to have been hob-nails, for the purpose of 
making the sole durable, but sharp-pointed ones, 
in order to give the wearer a firmer footing on the 
ground ; for so they are described by Joseph us, 3 
'Yirod?i{j,aTa Treirapfieva irvKvolg nai b^sccv fyXoic. The 
men received a donative for the purpose of provi- 
ding themselves with these necessaries, which was 
thence called clavarium* 

CLAVUS ANNA'LIS. In the early age3 of 
Rome, when letters were yet scarcely in use, the 
Romans kept a reckoning of their years by driving 
a nail, on the ides of each September, into the side 
wall of the temple of Jupiter Optimus Maximus, 
which ceremony was performed by the praetor Max- 
imus.* In after ages this practice fell into disuse, 
though the ignorant peasantry seem to have retain- 
ed the custom, as a method of marking dates, down 
to a very late period. 6 Upon some occasions a dic- 
tator was created to drive the nail ; but then it was 
not for the mere purpose of marking the year, but 
from a superstitious feeling that any great calamity, 
which happened at the time to afflict the city, would 
be stayed if the usual ceremony was performed by 
another than the usual officer. 7 

CLAVUS GUBERNA'CULI, the handle or shaft 
of a rudder, 8 which Vitruvius 9 appropriately terms 
" ansa gubernaculi, quod oiat; o. Gratis appellator." 
The rudder itself is gubernaculum ; in Greek, 7tn6d- 
Alov. Both the words are accurately distinguished 
by Virgil, 10 

" Ipse gubernaculo rector subit, ipse magister, 
Hortaturque viros, clavumque ad littora torquet, 1 

and by Cicero. 11 But it is sometimes used for the 
rudder itself, as, for instance, by Ennius : 

" Ut clavum rectum tenearn^ navemque gubernem." 1 * 

Ola!; is also used in both senses, and in the same ' 
way. 13 The true meaning o r the word will be un- 
derstood by referring to the woodcut at page 58 in 
which a ship with its rudder is represented : the 



1. (Caylus, Recueil d'Antiq., torn, v., pl.96.)— 2. (Veget.,iv., 
34.)— 3. (Bell. Jud.,VL, i., 7.)— 4. (Tacit., Hist., iii., 50.)— 5. 
(Festus, s. v. Clav. Annal. — Liv.,vii., 3. — Cic. ad Att., v., 15.) 
—6. (Petron., c. 135 ) —7. (Liv., vii., 3 ; viii., 18 ; ix., 28.)— 8 
(Serv. ad Virg., JEa., v., 177.)— 9. (x., 8.)— 10. (JEn., v., 176.) 
—11. (Pro Sext., 9.) — 12. (Compare Cic. ad Fam., ix.. 15)— 
13. (Thomas Magist., s. v.) 

263 



CLAVUS LATUS. 



CLAVUS LATUS 



pole by which it is fastened to the ship's side is the 
davus. (Vid. Gubernaculum.) 

CLAVUS LATUS, CLAVUS ANGUSTUS. 
The meaning of these words has given rise to much 
difference of opinion among modern writers. Sca- 
liger 1 considered the clavus to have been an orna- 
ment detached from the dress, and worn round the 
neck like a bulla. ( Vid. Bulla.) Ferrarius suppo- 
sed it to be a scarf or band thrown over the shoul- 
ders, the ends of which hung down in front. Some 
writers consider it to have been a round boss or 
buckle, resembling the head of a nail, fastened to 
the front part of the tunic which covered the chest ; 
others the hem of the dress, either at the edges or at 
the bottom ; and others, again, the dress itself 
checkered with stripes of purple, or with ornaments 
resembling nails, either sewn on to, or woven in, the 
fabric, such as in modern language would be termed 
figured. 2 

It is a remarkable circumstance, that not one of 
the ancient statues, representing persons of senato- 
rial consular, or equestrian rank, contain the slight- 
est trace in their draperies of anything resembling 
the accessories above enumerated ; some indica- 
tions of which would not have been constantly omit- 
ted, if the clavus had been a thing of substance ei- 
ther affixed to the dress or person. But if it form- 
ed only a distinction of colour, without producing 
any alteration in the form or mass of the material 
wherewith the garment was made, such as a mere 
streak of purple interwoven in the fabric, or em- 
broidered or sewed on it, it will be evident to any 
person conversant with the principles of art, that, 
the sculptor, who attends only to form and mass, 
would never attempt to express the mere accidents 
of colour; and, consequently, that such a clavus 
would not be represented in sculpture. But in paint- 
ing, which long survived the sister art, we do find 
examples in some works executed at a very late pe- 
riod, some of which are subsequently inserted, in 
which an ornament like the clavus, such as it is im- 
plied to be by the words of Horace, 3 latum demisit 
pectore clavum, seems evidently to have been repre- 
sented. 

The most satisfactory conclusion, therefore, seems 
to be, that the clavus was merely a band of purple 
colour,* hence called lumen purpura, 5 either sewed 
to the dress 6 or interw r oven in the fabric. 7 

Clavus Latus. The clavus worn by the Romans 
was of two fashions, one broad and the other nar- 
row, denominated respectively clavus latus and cla- 
vus angustus. s The vest which it distinguished 
properly and originally was the tunic (vid. Tunica), 
called therefore tunica laticlavia and tunica angusti- 
clavia ; 9 and hence the word clavus is sometimes 
used separately to express the garment itself. 10 The 
former was a distinctive badge of the senatorian 
order, 11 and hence it is used to signify the senatorial 
dignity, 12 and laliclavius for the person who enjoys 
it. 13 It consisted in a single broad band of purple 
colour, extending perpendicularly from the neck 
down the centre of the tunic, in the manner repre- 
sented in the annexed woodcut, which is copied 
from a painting of Rome personified, formerly be- 
longing to the Barberini family, the execution of 
' which is of a very late period. 

The position of the band in the centre of the chest 
i 5 Alentified with the latus clavus, because ficaoirop- 

1. (ad Vaxron., De Ling. Lat., viii.) — 2. (Ferrarius, De Re 
Vestiaria, iii., 12. — Rubenius, Id., i., 1 .)— 3. (Sat., I., vi., 28.) — 
4. (Aero in Ilor., Sat., I., v., 35, " Latum clavum purpuram di- 
cU.")— 5. (Stat., Sylv., IV., v., 42.— Quintil., viii., 5, 28.)— 6. 
(Hor., Ep. ad Pis., 16.)— 7. (Festus, s. v. Clavat. — Quintil., 1. c. 
— Vetus Lexicon Grsec. Latin., Tloptpvpa tvvtyaonivri, Clavus.- — 
flesych., Hapv(prj, f/ iv r<o x'trwvt Tioptyv pa.) — 8. (Pitisc, Lex. 
Antiu.)— 9. (Val. Max., v., 1, 7.)— 10. (Suet., Jul., 45.) — 11. 
(Aero., 1. c— Ovid, Trist., IV., x.. 35.)— 12. (Suet Ti'> • 35.— 
Vesjr , 2, 4.)— 13. (Suet., Octav.. 38.) 
264 




(pvpa, 1 in the Septuagint, is translated in the Vulgate 
tunica clavata purpura ; and the converse, x lT ^ va 
nopQvpovv fj.e(j6?,evKov* is thus interpreted by Quin- 
tus Curtius, 8 " Purpurea tunica medium album intcx- 
tum erat." In distinction to the angustus clavus, it 
is termed purpura major* purpura latior, s and the 
garment it decorated, tunica potens, 6 or x LT ^ v 7r ^ a_ 
rvariiJ.oc. 1 

The tunica laticlavia was not fastened round the 
waist like the common tunic which is worn by the 
centurion (p. 231), but left loose, in order that the 
clavus might lie flat and conspicuously over the 
chest, 8 which accounts for the allusion of Sylla, 
when he termed Julius Caesar male pracinctum pu- 
erum ; for we are informed by Suetonius 1 that he 
was the cnly person ever known to wear a girdle to 
his laticlave. 

It seems to be generally admitted that the latus 
clavus was not worn in childhood, that is, with the 
toga praetexta ; but it is not so clear whether, du- 
ring the earlier ages of the Republic, it was assumed 
with the toga virilis, or only upon admission into 
the senate. Probably the practice was different at 
different periods. 10 

The right of wearing the latus clavus was also 
given to the children of equestrians, 11 at least in the 
time of Augustus, as a prelude to entering the sen- 
ate-house. This, however, was a matter of per- 
sonal indulgence, and not of individual right ; for it 
was granted only to persons of very ancient family 
and corresponding wealth, 12 and then by special 
favour of the emperor 13 In such cases the latus 
clavus was assumed with the toga virilis, and worn 
until the age arrived at which the young equestrian 
w r as admissible into the senate, when it was relin 
quished and the angustus clavus resumed, if a dis- 
inclination on his part, or any other circumstances, 
prevented him from entering the senate, as was the? 
case with Ovid : 14 

" Curia restabat ; clavi mensura coacta est ; 
Majus erat nostris viribus illud opiis." 

But it seems that the latus clavus could be again 
resumed if the same individual subsequently wished 
to become a senator, 15 and hence a fickle charactei 
is designated as one who is always changing hi9 
clavus : 16 

1. (Esai., iii., 21.)— 2. (Xen., Cyrop., viii., 3. y 13.)— 3. (Ill 
iii., 28.)— 4. (Juv., Sat., i., 106.)— 5. (Plin., II. N., xxxiii., 7.] 
—6. (Stat., Sylv., V., ii., 29.)— 7. (Diod. Sic., Eclog. 36, p. 535, 
ed. Wesseling-.— Strab., iii., 5, p. 448, ed. Siebenk.) — 8. (QuintiU 
xi., 3, 138.)— 9. (Jul., 45.)— 10. (Compare Suet., Octav., 38, 94.< 
—11. (Ovid, Trist., IV., x., 29.)— 12. (Stat., Sylv., iv., 8, 59.- 
Dig. 24, tit. 1, s. 42.)— 13. (Suet., Ve^p., 2.— Tacit., Ann., xvi. 
17.— Plin., Epist., ii., 9.)— 14. (Compare Trist., IV, x , 27, wit* 
35 }— 15. (Hor., Sat., I., vi., 25.)— 16. iTIor , Sat . II , vii., 10 r 



CLAVUS ANGUSTUS. 



CLERUOJu. 



» 4 Vixit inaqualis, clavum mutabat in horas." 

The latus clavus was also worn by the priests of 
Saturn at Canhage, 1 and by the priests of Hercules 
at Cadiz ; a and napkins were sometimes so decora- 
ted, 3 as well as table-cloths, and coverlets (toralia) 
for the couches upon which the ancients reclined at 
their meals. 4 

The latus clavus is said to have been introduced 
dt Rome by Tullus Hostilius, and to have been 
adopted by him after his conquest of the Etrus- 
cans ; 6 nor does it appear to have been confined to 
any particular class during the earlier periods, but 
to have been worn by all ranks promiscuously. 6 It 
was laid aside in public mourning. 7 

Clavus Angustds. This ornament is not found, 
any more than the latus clavus, upon any of the 
works executed before the decline of the arts ; and 
therefore the same difficulties occur in attempting 
to define its form and fashion. That it was nar- 
rower than the other is evident from the name 
alone, as well as from other epithets bestowed upon 
it — "pauper clavus,'" " arctum purpura? lumen;" 9 
and that it was of a purple colour, attached to a tu- 
nic girt at the waist, is also evident from the pas- 
sages of Statins and Quinctilian 10 already cited. 
There is, moreover, leason for supposing that the 
angustus clavus consisted in two narrow stripes 
instead of one broad one ; for it is observed that 
the word clavus is always used in the singular 
number when the tunica laticlavia is referred to, 
whereas the plural number (clavi) is often met with 
in reference to the angusticlavia ; as in the passage 
of Quinctilian just mentioned, purpura is applied to 
the former, and purpura to the latter of these gar- 
ments. It seems, therefore, probable that the an- 
gusticlave was distinguished by two narrow purple 
stripes, running parallel to each other from the top 
to the bottom of the tunic, one from each shoulder, 
in the manner represented by the three figures in- 
troduced below, all of which are taken from sepul- 
chral paintings executed subsequently to the intro- 
duction of Christianity at Rome. The female figure 
on the left hand, which is copied from Buonarotti, 11 
represents the goddess Moneta, and she wears a 
regular tunic. The one on the right hand is from 
a cemetery on the Via Salara Nova, and repre- 
sents Priscilla, an early martyr ; it is introduced 
;o show the whole extent of the clavi ; but the 
Iress she wears is not the common tunic, but of 
;he kind called Dalmatica, the sleeves of which are 
also clavatee. 




The next figure is selected from three of a sim- 
2ar kind, representing Shadrach, Meshach, and 



I. (Tertull., De Pall., c. 4.) — 2. (Sil. Ital., iii., 27.) — 3. 
(Mart.. Ep., IV., xlvi., 17.— Petron., 32.) — 4. (Ainm. Marcell., 
XV]., viii., 8.)— 5. (Plin.. H. N., ix., 63.)-6. (Plin., H. N., 
rcriii., 7.)— 7. (Liv., ix., 7.)— 8. (Stat., Sylv., V., ii., 18.)— 9. 
(Id., IV., v., 42.)— 10. (XL, iii., 138.)— 11. (Osservaziom sopra 
a]r:uni Frammenti di Vasi antichi di Vetro, Tav. xxix., fig 1.) 



Abednego, from the tomb of Pope Callisto on tho 
Via Appia ; all three wear the ordinary tunic girt 
at the waist, as indicated by Quinctilian, but with 
long sleeves, as was customary under the Empire, 
and the stripes are painted in purple ; so that we 
may fairly consider it to afford a correct example 
of the tunica angusticlavia. 




This decoration belonged properly to the eques- 
trian order , l for, though the children of equestrians, 
as has been stated, were sometimes honoured by 
permission to wear the latus clavus at an early age ; 
they were obliged to lay it aside if they did not en- 
ter the senate when the appointed time arrived, 
which obligation appears to have been lost sight of 
for some time after the Augustan period ; for it is 
stated by Lampridius 3 that Alexander Severus dis- 
tinguished the equites from the senatores by the 
character of their clavus, which must be taken as 
a recurrence to the ancient practice, and not an 
innovation then first adopted. 

*CLEM'ATIS or CLEMATFTIS (nA^aric, kav- 
/ia.TiTi£), a species of plant, commonly identified 
with the Winter-green or Periwinkle. Dioscorides 1 
mentions two kinds : the first of these Sprengel 
refers to the Periwinkle, namely, Vinca major or 
minor ; the other, which is properly called KAefiari- 
tic, he is disposed to follow Sibthorp in referring to 
the Clematis cirrhosa. The term K?^uaTig is derived 
from Kkfiiia, " a tendril" or " clasper," and has ref- 
erence to the climbing habits of the plant. The 
epithets da<f>voeidf/c. (" laurel-like") and afivpvoetdr/c. 
(" myrrh-like") are sometimes given to the KAtjfj.a- 
ric, as well as that of TiOAvyovoeiSi/c, "resembling 
TzoAvyovov, or Knot-grass."* Pliny derives the Latin 
name vinca from vincire, "to bind" or "encom- 
pass," in allusion to the Winter-green's encircling 
or twining around trees. 5 The same writer alludes 
to various medical uses of this plant, in cases of 
dysentery, fluxions of the eyes, heemorrhoides, the 
bite of serpents. &c. It is found sometimes with 
white flowers, less frequently with red or purple 
ones. 6 The name of this plant in modern Greece 
is aypLolirCa. Sibthorp found it in Elis and Argolis. ' 

CLEPSYDRA. (Vid. Horologium.) 

CLERU'CHI (KArjpovxot). Athenian citizens who 
occupied conquered lands were termed KAqpo-oxot., 
and their possession nArjpovxia. The earliest ex- 
ample to which the term, in its strict sense, is ap- 
plicable, is the occupation of the domains of the 
Chalcidian knights (LivKoCoraL) by four thousand 
Athenian citizens, B.C. b06. 8 

In assigning a date to the commencement of this 
system of colonization, we must remember that the 
principle of a division of conquered land had exist- 
ed from time immemorial in the Grecian states. 
Nature herself seemed to intend that the Greek 
should rule and the barbarian obey ; and hence, in 
the case of the barbarian, it wore no appearance of 



1. (Paterc, ii., 88.— Lamprid., Alex. Sev., 27.)— 2. (L a— 3 
(iv., 7.) — 4. (Dioscor., 1. c — Billerbeck, Flora Classica, p. 60 ) 
5. (H. N.. xxi., 27.— Apul., De Herb . 58.)— 6. (Billerbeck, l.c J 
—7. (Billerbeck, I. c.)— S (Herod., v., 77.) 

265 



CLERUCHI. 



CLETERES 



Harshness. Such a system, however, was more 
rare between Greek and Greek. Yet the D< rians, 
in their conquest of the Peloponnese, and still more 
remarkably in the subjugation of Messenia, had set 
an example. In what, then, did the Athenian nln- 
povxicu differ from this division of territory, or from 
the ancient colonies'? In the first place, the name, 
in its technical sense, was of later date, and the 
Greek would not have spoken of the Kk-qpovxiai of 
Lycurgus, anymore than the Roman of the " Agra- 
rian laws" of Romulus or Ancus. Secondly, we 
should remember that the term was always used 
with a reference to the original allotment : as the 
lands were devised or transferred, and the idea of 
the first division lost sight of, it would gradually 
cease to be applied. The distinction, however, be- 
tween fclripovxoi and ukoikol was not merely one 
of words, but of things. The only object of the 
earlier colonies was to relieve surplus population, 
or to provide a home for those whom internal quar- 
rels had exiled from their country. Most usually 
they originated in private enterprise, and became 
independent of, and lost their interest in, the parent 
state. On the other hand, it was essential to the 
very notion of a Kkvpovxta that it should be a public 
enterprise, and should always retain a connexion 
more or less intimate with Athens herself. The 
word KXqpovxta, as Wachsmuth has well observed, 
conveys the notion of property to be expected and 
formally appropriated ; whereas the uttoikol of an- 
cient times went out to conquer lands for them- 
selves, not to divide those which were already con- 
quered. 

The connexion with the parent state subsisted, 
as has just been hinted, in all degrees. Sometimes, 
as in the case of Lesbos, 1 the holders of land did 
not reside upon their estates, but let them to the 
original inhabitants, while themselves remained at 
Athens. The condition of these KTirjpovxoi did not 
differ from that of Athenian citizens who had es- 
tates in Attica. All their political rights they not 
only retained, but exercised as Athenians ; in the 
capacity of landholders of Lesbos they could scarce- 
ly have been recognised by the state, or have borne 
any corporate relation to it. Another case was 
where the KXr/povxot resided on their estates, and 
either with or without the old inhabitants, formed 
a new community. These still retained the rights 
of Athenian citizens, which distance only precluded 
them from exercising : they used the Athenian 
courts ; and if they or their children wished to re- 
turn to Athens, naturally and of course they re- 
gained the exercise of their former privileges. Of 
this we have the most positive proof: 2 as the sole 
object of these Khnpovxiai was to form outposts for 
the defence of Athenian commerce, it was the in- 
terest of the parent state to unite them by a tie as 
kindly as possible ; and it cannot be supposed that 
individuals would have been found to risk, in a 
doubtful enterprise, the rights of Athenian citi- 
zens. 

Sometimes, however, the connexion might grad- 
ually dissolve, and the ulrjpovxoL sink into the con- 
dition of mere allies, or separate wholly from the 
mother-country. In JEgina, Scione, Potidsea, and 
other places, where the original community was 
done away, the colonists were most completely 
under the control of Athens. Where the old in- 
habitants were left unmolested, we may conceive 
their admixture to have had a twofold effect : either 
the new-comers would make common cause with 
them, and thus would arise the alienation alluded 
to above, or jealousy and dread of the ancient in- 
habitants might make the colonists more entirely 

1. (Thucyd., iii., 50.)— 2. ( Yid. Bcickh, Pub. Econ., vol. ii., p. 
.76, transi.) 

266 



dependant on the mother state. It seems im)>os3i» 
ble to define accurately when the isopolite relation 
with Athens may have ceased, although such cases? 
undoubtedly occurred. 

A question has been raised as to whether th*. 
Kkripovxoi were among the Athenian tributaries 
Probably this depended a good deal upon the pros- 
perity of the colony. We cannot conceive that col- 
onies which were established as military outposts, 
in otherwise unfavourable situations, would beai 
such a burden : at the same time, it seems improb- 
able that the state would unnecessarily forego the 
tribute which it had previously received, where the 
lands had formerly belonged to tributary allies. 

It was to Pericles Athens was chiefly indebted 
for the extension and permanence of her colonial 
settlements. His principal object was to provide 
for the redundancies of population, and raise the 
poorer citizens to a fortune becoming the dignity of 
Athenian citizens. It was of this class of persons 
the settlers were chiefly composed ; the state pro- 
vided them with arms, and defrayed the expenses 
of their journey. The principle of division doubt- 
less was, that all who wished to partake in the ad- 
venture applied voluntarily ; it was then determined 
by lot who should or should not receive a share. 
Sometimes they had a leader appointed, who, aftei 
death, received all the honours of the founder of a 
colony (o'lKiarrjc). 

The Cleruchiae were lost by the battle of iEgos- 
potami, but partially restored on the revival of 
Athenian power. For a full account of them, see 
Wachsmuth, Historical Antiquities, § 56, 6 ; Bockh, 
Public Econ. of Athens, iii., 18 ; and the references 
in Herman's Manual, vi., 117. 

CLETE'RES or CLET'ORES (ulnTf/pee or kXi)- 
ropec). The Athenian summoners were not official 
persons, but merely witnesses to the prosecutoi 
that he had served the defendant with a notice of 
the action brought against him, and the day upor\ 
which it would be requisite for him to appear before 
the proper magistrate, in order that the first exam- 
ination of the case might commence. 1 In Aris- 
tophanes 3 we read of one summoner only being 
employed, but two are generally mentioned by the 
orators as the usual number. 3 The names of 
the summoners were subscribed to the declara- 
tion or bill of the prosecutor, and were, of course, 
essential to the validity of all proceedings founded 
upon it. What has been hitherto stated applies in 
general to all causes, whether diicai or ypa<pac, : but. 
in some which commenced with an information laid 
before magistrates, and an arrest of the accused m 
consequence (as in the case of an hdeitjic or eiaay- 
yelia), there would be no occasion for a summons, 
nor, of course, witnesses to its service. In the 
evdvvai and doKifj.acicu also, when held at the reg 
ular times, no summons was issued, as the persons 
whose character might be affected by an accusation 
were necessarily present, or presumed to be so ; but 
if the prosecutor had let the proper day pass, and 
proposed to hold a special evdvvn at any other time 
during the year in which the defendant was liable 
to be called to account for his conduct in office 
(virevdvvoc), the agency of summoners was as re- 
quisite as in any other case. Of the doKifiaaiai, 
that of the orators alone had no fixed time ; but 
the first step in the cause was not the usual legal 
summons (TrpocKlvcnc), but an announcement from 
the prosecutor to the accused in the assembly of 
the people.* 

In the event of persons subscribing themselves 
falsely as summoners, they exposed themselves to 

1. (Harpocrat.) — 2. (Nubes, 1246. — Vesp., 1408.)— 3. (Do. 
mosth., c. Njcost., 1251, 5.— Pro Coron., 244,4.— c. Ikeot., 1017 
6.)— 4. (Meier, Att. Process, 212, 575.) 



CLIENS. 



CLIENS. 



an action (ipevdoicl.TjTeiac) at the suit of the party 
aggrieved. 

*CLETHRA {Kkfidpa), the Alder. (Vid. Alnus.) 

CLIBANA'RII. (Vid. Cataphracti.) 

CLIENS is said to contain the same element as 
the verb cluere, to "hear" or "obey," and is accord- 
ingly compared by Niebuhr with the German word 
hocriger, " a dependant." 

In the time of Cicero, we find patronus in the 
sense of adviser, advocate, or defender, opposed to 
cliens in the sense of the person defended, or the 
consultor ; and this use of the word must be refer- 
red, as we shall see, to the original character of the 
patronus. 1 The relation of a master to his libera- 
ted slave (libertus) was expressed by the word pa- 
tronus, and the libertus was the cliens of his pa- 
tronus. Any Roman citizen who wanted a protec- 
tor might attach himself to a patronus, and would 
thenceforward be a cliens. Distinguished Romans 
were also sometimes the patroni of states and cit- 
ies, which were in a certain relation of subjection 
or friendship to Rome ; and in this respect they 
may be compared to colonial agents, or persons 
among us who are employed to look alter the inter- 
ests of the mother-country, except that among the 
Romans such services were never remunerated di- 
rectly, though there might be an indirect remuner- 
ation.' This relationship between patronus and 
cliens was indicated by the word clientela, 3 which 
also expressed the whole body of a man's clients.* 
In the Greek writers on Roman history, patronus 
is represented by Trpocrrar^f, and cliens by nelaTris. 

The clientela, but in a different form, existed as 
far back as the records or traditions of Roman his- 
tory extend ; and the following is a brief notice of 
its origin and character, as stated by Dionysius, 5 in 
which the writer's terms are kept : 

Romulus gave to the evTrarpidcu the care of reli- 
gion, the honores (upxeiv), the administration of jus- 
tice, and the administration of the state. The 6rj- 
fioriKOL (whom, in the preceding chapter, he has ex- 
plained to be the nfydtioi) had none of these privi- 
leges, and they were also poor ; husbandry and the 
necessary arts of life were their occupation. Rom- 
ulus thus intrusted the 6rj[ioriKoi to the safe keeping 
of the naTpiKLoi (who are the evTrarpidai), and per- 
mitted each of them to choose his patron. This re- 
lationship between the patron and. the client was 
called, says Dionysius, patronia. 6 

The relative rights and duties of patrons and cli- 
ents were, according to Dionysius, the following : 

The patron was the legal adviser of the cliens ; 
he was the client's guardian and protector, as he 
was the guardian and protector of his own children ; 
he maintained the client's suit when he was wrong- 
ed, and defended him when another complained of 
being wronged by him : in a word, the patron was 
the guardian of the client's interests, both private 
and public. The client contributed to the marriage 
portion of the patron's daughter, if the patron was 
;)oor, and to his ransom, or that of his children, if 
they were taken prisoners ; he paid the costs and 
damages of a suit which the patron lost, and of any 
penalty in which he was condemned ; he bore a 
part of the patron's expenses incurred by his dis- 
charging public duties, or filling the honourable pla- 
ces in the state. Neither party could accuse the 
other, or bear testimony against the other, or give 
his vote against the other. This relationship be- 
tween patron and client subsisted for many genera- 
tions, and resembled in all respects the relation- 
ship by blood. It was the glory of illustrious fami- 



1. (Ovid, Art. Am., i., 88.— Hor., Sat., I., i., 10.— Epist., I., 
T.,31 ; II., i., 104.)— 2. (Cic.,Div.,20.— Pro Sulla, c. 21. —Tacit., 
Or., 36.)— 3. (Cic.ad Att.,xiv., 12.)— 4. (Tacit., Ann., xiv., 61.) 

•4 (Antiq. Rom., ii., 9.)— 6. (Compare Cic, Rep., ii., 9.) 



lies to have many clients, and to add to the numbei 
transmitted to them by their ancestors. But the 
clients were not limited to the 6tj[iotikoI : the colo 
nies, and the states connected with Rome by alh 
ance and friendship, and the conquered states, had 
their patrons at Rome ; and the senate frequentlv 
referred the disputes between such states to theii 
patrons, and abided by their decision. 

The value of this passage consists in its contain* 
ing a tolerably intelligible statement, whether truo 
or false, of the relation of a patron and client. 
What persons actually composed the body of cli 
ents, or what was the real historical origin of the 
clientela, is immaterial for the purpose of under- 
standing what it was. It is clear that Dionysius 
understood the Roman state as originally consisting 
of patricii and plebeii, and he has said that the cli- 
ents were the plebs. Now it appears, from his own 
writings and from Livy, that there were clientes 
who were not the plebs, or, in other words, clientes 
and plebs were not convertible terms. This pas- 
sage, then, may have little historical value as ex- 
plaining the origin of the clients ; and the state- 
ment of the clientela being voluntary is improba- 
ble. Still something may be extracted from the 
passage, though it is impossible to reconcile it alto- 
gether with all other evidence. The clients were 
not servi : they had property of their own, and free- 
dom (libertas). Consistently with this passage, they 
might be Roman citizens, enjoying only the com- 
mercium and connubium, but not the suffragium and 
honores, which belonged to their patroni. (Vid. 
Civitas.) It would also be consistent with the state- 
ment of Dionysius, that there were free men in the 
state who were not patricii, and did not choose to 
be clientes ; but if such persons existed in the ear- 
liest period of the Roman state, they must have la- 
boured under great civil disabilities, and this, also, 
is not inconsistent with the testimony of history, nor 
is it improbable. Such a body, if it existed, must 
have been powerless ; but such a body might in 
various ways increase in numbers and wealth, and 
grow up into an estate, such as the plebs afterward 
was. The body of clientes might include freedmen, 
as it certainly did : but it seems an assumption of 
what requires proof to infer (as Niebuhr does) that, 
because a patronus could put hisfreedman to death, 
he could do the same to a client ; for this involves 
a tacit assumption that the clients were originally 
slaves ; and this may be true, but it is not known. 
Besides, it cannot be true that a patron had the 
power of life and death over his freedman, who 
had obtained the civitas, any more than he had 
over an emancipated son. The body of clientes 
might, consistently with all that we know, contain 
peregrini, who had no privileges at all ; and it 
might contain that class of persons who had the 
commercium, if the commercium existed in the 
early ages of the state. (Fid. Civitas.) The lat- 
ter class of persons would require a patronus, to 
whom they might attach themselves for the protec- 
tion of their property, and who might sue and de- 
fend them in all suits, on account of the (here as- 
sumed) inability of such persons to sue in their own 
name in the early ages of Rome. (Vid. Banishment.) 

The relation of the patronus to the cliens, as rep- 
resented by Dionysius, has an analogy to the patria 
potestas, and the form of the word patronus is con- 
sistent with this. 

It is stated by Niebuhr, that "if a client died 
without heirs, his patron inherited ; and this law 
extended to the case of freedmen ; the power of the 
patron over whom must certainly have been found- 
ed originally on the general patronal right." Thia 
statement, if it be correct, would be consistent with 
the quasi patria pote?' x t r* *te patron us. 

26" 



CLIPEUS. 



CLIPETJS 



But if a cliens died with heirs, could he make a 
ft'ill 1 and if he died without heirs, could he not dis- 
pose of his property by will 1 and if he could not 
make, or did not make a will, and had heirs, who 
must they be 1 must they be sui heredes ? had he a 
familia, and, consequently, agnati 1 (vid. Cognati) 
had he, in fact, that connubium, by virtue of which 
he could acquire the patria potestas'! He might 
have all this consistently with the statement of Di- 
onysius, and yet be a citizen non optimo jure ; for 
he had not the honores and the other distinguishing 
privileges of the patricii, and, consistently with the 
statement of Dionysius, he could not vote in the 
comitia curiata. It is not possible to prove that a 
cliens had all this, and it seems equally impossible, 
from existing evidence, to show what his rights re- 
ally were. So far as our extant ancient authorities 
show, the origin of the clientela, and its true char- 
acter, were unknown to them. This seems cer- 
tain ; there was a body in the Roman state, at an 
early period of its existence, which was neither pa- 
trician nor client, and a body which once did not, 
but ultimately did, participate in the sovereign pow- 
er : but our knowledge of the true status of the an- 
cient clients must remain inexact, for the want of 
sufficient evidence in amount, and sufficiently trust- 
worthy. 

It is stated by Livy 1 that the clientes had votes 
in the comitia of the centuries : they were therefore 
registered in the censors' books, and could have 
quiritarian ownership. (Vid. Centumviri.) They 
had, therefore, the commercium, possibly the con- 
nubium, and certainly the suffragium. It may be 
doubted whether Dionysius understood them to have 
the suffragium at the comitia centuriata ; but, if 
such was the legal status of a cliens, it is impossi- 
ble that the exposition of their relation to the patri- 
cians, as given by some modern writers, can be al- 
ogether correct. 

It would appear, from what has been stated, that 
patronus and patricius were originally convertible 
terms, at least until the plebs obtained the honores. 
From that time, many of the reasons for a person 
being a cliens of a patricius would cease ; for the 
plebeians had acquired political importance, had be- 
come acquainted with the laws and the legal forms, 
and were fully competent to advise their clients. 
This change must have contributed to the destruc- 
tion of the strict old clientela, and was the transi- 
tion to the clientela of the later ages of the Repub- 
lic. 3 

Admitting a distinction between the plebs and the 
old clientes to be fully established, there is still room 
for careful investigation as to the real status of the 
clientes, and of the composition of the Roman state 
before the estate of the plebs was made equal to that 
of the patricians. 

This question is involved in almost inextricable 
perplexity, and elements must enter into the inves- 
tigation which have hitherto hardly been noticed. 
Any attempt to discuss this question must be pre- 
faced or followed by an apology. 

CLIENTE'LA. (Vid. Cliens.) 

C-LFMAX. (Vid. Tormentum.) 

^LINOPOD'IUM (KltvoTTodtov), a plant deriving 
Vs j.ame from the resemblance which its round flow- 
er bears to the foot of a couch (kXIvtj, " a couch," 
and ttovc, -odog, " a foot.") It is most probably the 
Clinopodium vulgare, or Field Basil, as Bauhin and 
others think. According to Prosper Alpinus, how- 
ever, it is the same as the Satureia Grceca. Sib- 
tberp found it on the mountains of Greece and in 
the island of Crete. 3 

CLITEUS (aonic;), the large shield worn by the 



1. (ii., 56.)— 2. (Hugo, Lehrbuch, &c, i., 458.)— 3. (Dioscor., 
iii , 99.— Billerbeck, Flora Classica, p. 154.) 



Greeks au\ Romans, which was originally of a cn> 
cular form, and is said to have been first used by 
Prcetus and Acrisius of Argos, 1 and therefore ia 
called clipeus Argolicus? and likened to the sun 
(Compare, alsc, danida Tcdvroa'' kicrjv, 3 dcmdag ev 
hvkKovq*) But the clipeus is often represented in 
Roman sculpture of an oblong oval, which makes 
the distinction between the common buckler and 
that of Argos. 

It was sometimes made of osiers twisted togeth- 
er, 5 and therefore is called Iria, 6 or of wood. The 
wood or wicker was then covered over with ox- 
hides of several folds deep, 7 and finally bound 
round the edge with metal. 8 

The outer rim is termed uvrv^, 9 Irvg, 10 TzepL^epeia^ 
or nvuhog (vid. Antyx). 11 In the centre was a pro- 
jection called bfj.<j>a?.6c or /xeaofj-^dliov, umbo, which 
served as a sort of weapon by itself (cunctos urn- 
bone repellit 1 *), or caused the missiles of the er.emy 
to glance off from the shield. It is seen in the next 
woodcut, from the column of Trajan. A spike, or 
some other prominent excrescence, was sometimes 
placed upon the b(i<j>a?i.6<;, which was called the 

£TTOfJ,(j)dXlOV. 




In the Homeric times the Greeks used a belt to 
support the shield ; but this custom was subse- 
quently discontinued in consequence of its great in 
convenience (vid. Balteus, p. 133), and the follow- 
ing method was adopted in its stead : A band oi 
metal, wood, or leather, termed kclvuv, was placed 
across the inside from rim to rim, like the diameter 
of a circle, to which were affixed a number of small 
iron bars, crossing each other somewhat in the 
form of the letter X, which met the arm below the 
inner bend of the elbow joint, and served to steady 
the orb. This apparatus, which is said to have 
been invented by the Carians," was termed oxavov 
or oxavjj. Around the inner edge ran a leather 
thong (iropnat;), fixed by nails at certain distances, 
so that it formed a succession of loops all round, 
which the soldier grasped with his hand (kuGafaov 
TrSpTtaKi yevvaiav x^pa 1 *). The annexed woodcut, 
which shows the whole apparatus, will render this 
account intelligible. It is taken from one of the 
terra cotta vases published by Tischbein. 1 * 

1. (Paus., ii., 25, 6.)— 2. (Virg-., JEn., iii., 637.)— 3. (Horn , 
II., iii., 347 ; v., 453.)— 4. (II., xiv., 428 )— 5. (Virg-., JEn., vii., 
632; viii., 625.)— 6. (Eurip., Supp., 697.— Troad, 1201. — Cy- 
clops, 7.)— 7. (Virg., ^En., xii., 925.)— 8. (Horn., II., xn., 295.— 
Liv., xlv., 33.)— 9. (Il.,xviii.,479.)— 10. (Eurip., Troad, 1205.)— 
11. (II.. xi., 33.) — 12. (Mart., Ep., III., xlvi., 5.)— 13. (Herod, 
i., 171.)— 14. (Eurip., Hel., 1396.)— 15. (vol. iv., lab 20.) 



CLIPEUS. 



CLOACA. 




At the close of a w;./ it was customary for the 
Greeks to suspend th/j shields in the temples, 
when the TropTTanec. tw/fi taken off, in order to ren- 
der them nnservice&l/e in case of any sudden or 
popular outbreak ; w'lich custom accounts for the 
alarm of Demosthenes, in the Knights of Aristopha- 
nes, 1 when >e saw them hanging up with their 
handles on. 

According to Livy, a when the census was insti- 
tuted by Servius Tullius, the first class only used 
the clipeus, and the second were armed with the scu- 
tum (vid. Scutum) ; but after the Roman soldier re- 
ceived pay, the clipeus was discontinued altogether 
tor the Sabine scutum. 3 Diodorus Siculus* asserts 
Miat the original form of the Roman shield was 
square, and that it was subsequently changed for 
that tt the Tyrrhenians, which was round. 




The Roman shields were emblazoned with va- 
rious devices, the origin of armorial bearings, such 
as the heroic feats of then ancestors ; 6 or with 
their portraits, 6 which custom is illustrated by the 
preceding beautiful gem from the antique, in which 
the figure of Victory is represented inscribing upon 
a clipeus the name or merits of some deceased hero. 

Each soldier had also his own name inscribed 
upon his shield, in order that he might readily find 

1. <v.,859.)— 2. (i., 43.) — 3. (Liv., viii., 8.— Compare ix., 19.— 
Plutarch. Roir.., 21, p. 123.)— 4. (Eclog., xxiii., 3.)— 5. (Virg., 
<£n., viii.. 658.— Sil. Ital., viii., 386.1—6. (Id., xvii., 398.) 



his own, when the order was given to nnpite arms;' 
and sometimes the name of the commander undei 
whom he fought. 3 

The clipeus was also used to regulate the tern 
perature of the vapour bath. (Vid. Baths, p. 150/ 

CLITE'LLJG, a pair of panniers, and therefor* 
only used in the plural number. 3 In Italy the) 
were commonly used with mules or asses, 4 but 11 
other countries they were also applied to horses, o 
which an instance is given in the annexed woo'lcir. 
from the column of Trajan ; and Plautus 5 figura 
tively describes a man upon whose shoulders a load 
of any kind, either moral or physical, is charge*., 
as homo clitellarius. 




A particular spot in the city of Rome, and cer 
tain parts of the Via Flaminia, which, from theii 
undulations in hill and valley, were thought to re- 
semble the flowing line of a pair of panniers, were 
also termed clitella?. 6 

CLOA'CA. The term cloaca is generally used 
by the historians in reference only to those spacious 
subterraneous vaults, either of stone or brick s 
through which the foul waters of the city, as well 
as all the streams brought to Rome by the aqua> 
ducts, finally discharged themselves into the Tiber' 
but it also includes within its meaning any smallei 
drain, either wooden pipes or clay tubes, 7 with 
which almost every house in the city was furnished, 
to carry off its impurities into the main conduit. 1 
The whole city was thus intersected by subterra- 
nean passages, and is therefore designated by Pliny* 
as urbs pensilis. 

The most celebrated of these drains was the 
Cloaca Maxima, the construction of which is' ascribed 
to Tarquinius Priscus, 16 and which was formed to 
carry oft the waters brought down from the adja- 
cent hills into the Velabrum and valley of the Fo- 
rum. The stone of which it is built is a mark ol 
the great antiquity of the woife ; it is not the pep- 
erino of Gabii and the Alban Hills, which was the 
common building-stone in the time of the Common- 
wealth ; but it is the " tufa litoide" of Brocchi, one 
of the volcanic formations which is found in manv 
places in Rome, and which was afterward supplarv- 
ed in public buildings by the finer quality of the 
peperino." This cloaca was formed by three tiers 
of arches, one within the other, the innermost 01 
which is a semicircular vault of 18 Roman palms, 
about 14 feet in diameter, each of the hewn blocks 
being 7| palms long and 4£ high, and joined ,:>- 
gether without cement. The manner of construc- 
tion is shown in the annexed woodcut, taken on the 
spot, where a part of it is uncovered near the arch 
of Janus Quadrifrons. 

The mouth where it reaches the Tiber, nearly 
opposite to one extremity of the insula Tiberi.ia, 

1. (Veget., ii., 17.)— 2. (Hirt., Bell. Alex., 5a)— 3. (Hot 
Sat., I., v., 47.— Plaut., Most., III., ii., 91.)— 4. (Hor., 1. c- 
Plaut., ib., 93.)— 5. (ib., 94.)— 6. (Festus., s. v.)— 7. (Ulpiaa, 
Dig. 43. tit. 23, s. 1.)— 8. (Strab., v., 8, p. 167, ed S;ebenk.)-. 
9. (H. N., xxxvi., 24, 3.)— 10. (Liv.,i., 38.— Plin.— Dionys.— U 
cc.) — 11 (Arnold, Hist. Rom., vol. i., p. 52.) 

269 



KLOPES DIKE. 



CNICUS. 




still remains in the state referred to by Pliny. 1 It 

is represented in the annexed woodcut, with the 
adjacent buildings as they still exist, the modern 
fabrics only which encumber the site being left out. 



_^ 7; 




The passages in Strabo and Pliny which state 
that a cart {afiai-a, vehes) loaded with hay could 
pass down the Cloaca Maxima, will no longer ap- 
pear incredible from the dimensions given of this 
stupendous work ; but it must still be borne in 
mind that the vehicles of the Romans were much 
smaller than our own. Dion Cassius also states 2 
that Agrippa, when he cleansed the sewers, passed 
through them in a boat, to which Pliny 3 probably 
alludes in the expression urbs suiter navigata ; and 
their extraordinary dimensions, as well as those of 
the embouchures through which the waters poured 
into them (vid. Canalis), are still farther testified by 
the exploits of Nero, who threw down the sewers 
Ihe unfortunate victims of his nightly riots.* 

The Cloaca Maxima formed by Tarquin extended 
inly from the Forum to the river, but was subse- 
quently continued as far up as the Subura, of which 
branch some vestiges were discovered in the year 
L742. 5 This was the crypta Subura to which Juve- 
ial refers. 6 

The expense of cleansing and repairing these 
>,loac<z was, of course, very great, and was defrayed 
>artly by the treasury, and partly by an assessment 
called cloacarium. 7 Under the Republic, the ad- 
ministration of the sewers was intrusted to the 
censors ; but under the Empire, particular officers 
were appointed for that purpose, cloacarum curatores, 
nention of whom is found in inscriptions, 8 who 
vmployed condemned criminals in the task. 9 

KAOIIHS AIKH {kIo-ktjq Stun), the civil action 
tor theft, was brought in the usual manner before a 
liffitetes or a court, the latter of which Meier 10 in- 

lt ([.c.)— 2. (xlix.,43.)— 3. (H.N.,xxxvi.,24,3.)— 4. (Suet., 
■Vero, 26.— Compare Dionys., x., 53.— Cic, Pro Sext., 35.)— 5. 
fVenuti, AntichitA di Roma, torn, i., p. 98.— Ficoroni, Vestigie di 
koma, p. 74, 75.)— 6. (Sat., v., 106.)— 7. (Ulpian, Dig. 7, tit. 1, 
P. 27, t) 3.)— 8. (ap. Grut., p. exevii., 5 ; p. exeviii., 2, 3, 4, 5 ; p. 
eclii., 1.— Ulpian, Dig. 43, tit. 23, s.2.)— 9. (Flin., Epist., x., 41.) 

-10 (Att. Process, 67.) 
270 



lers to have been under the presidency of the thes 
mothetae, whether the prosecutor preferred his ac- 
cusation by way of ypafyri or 61kij. We learn from 
the law quoted by Demosthenes, 1 that the criminal, 
upon conviction, was obliged to pay twice the value 
of the theft to the plaintiff if the latter recovered 
the specific thing stolen ; that, failing of this, he 
was bound to reimburse him tenfold, that the court 
might inflict, an additional penalty, and that the 
criminal might be confined in the stocks (7vo6ok6.kk7}) 
five days and as many nights. In some cases, a 
person that had been robbed was permitted by the 
Attic law to enter the house in which he suspected 
his property was concealed, and institute a search, 
for it (tyupav) ; a but we are not informed what 
powers he was supplied with to enforce this right. 
Besides the above-mentioned action, a prosecutor 
might proceed by way of ypafy-fj, and, when the de- 
linquent was detected in the act, by uttaycdyri or 
eyrjyrjuig. To these, however, a penalty of 1000 
drachmae was attached in case the prosecutor failed 
in establishing his case ; so that a diffident plaintiff 
would often consider them as less eligible means of 
obtaining redress. 3 In the aggravated cases of steal- 
ing in the daytime property of greater amount than 
50 drachmae, or by night anything whatsoever (and 
upon this occasion the owner was permitted to 
wound, and even kill the depredator in his flight), 
the most trifling article from a gymnasium, or any- 
thing worth 10 drachmae from the ports or public 
baths, the law expressly directed an anayuyrj to 
the Eleven, and, upon conviction, the death of the 
offender.* If the ypafyrj were adopted, it is proba- 
ble that the punishment was fixed by the court; 
but both in this case, and in that of conviction in a 
tiltu], besides restitution of the stolen property, the 
disfranchisement (an/xla) of the criminal would be 
a necessary incident of conviction. 6 

*CLYM / ENON (Klvfievov), a plant, about which 
the authorities are much at variance. Sprengel, 
in his edition of Dioscorides, adheres to the opin- 
ion of Fabius Columna, who held it to be the 
Scorpiurus verm.iculatus. Sib thorp, however, con- 
tends for the Convolvulus scpium, or Great Bind- 
weed. 6 

*CLUP'EA, a very small species of Fish, found, 
according to Pliny, 7 in the Po, and which, as he in- 
forms us, destroys a large kind of fish named At- 
tilus (a species of sturgeon), by attaching itself to a 
vein in the throat of the latter. Pliny very probably 
refers to one of those numerous parasitical animals 
which attach themselves to the branchiae of othei 
fishes, and suck their blood ; perhaps to a species ol 
small lamprey. 8 In modern ichthyology, the name 
Clupea has been assigned by Linnaeus to the wholo 
herring family. 9 

CNAPHOS (nvdQoc). (Vid. Tormentum.) 

*CNEO'R(JM (Kviupov), according to Stackhouse 
and Sprengel, the Daphne Cneorum. Galen makes 
it the same with the Kvijarpov of Hippocrates. Two 
kinds are mentioned by the ancient writers, the 
white and black, of which the former was the mor^ 
remarkable for its perfume. The Cneorum is the 
Casia spoken of in the Georgics of Virgil among 
the food for bees. The whole question is fully dis- 
cussed by Marty n. 10 

*CNICUS or CNECUS (kvlkoc, wr/noe), a species 
of plant, which some have taken for the Carduus 
Benedictus, but which the commentator on Mesue, 
the translator of Avicenna, Dodonaeus, Allston, and 



1. (c. Timocr., 733.)— 2. (Aristoph., Nubes, 497.— Plato, De 
Le? , xii., 954.)— 3. (Demosth., c. Androt., 601.)— 4. (Demosth., 
c. Timocr., 736, 1.)— 5. (Meier, Att. Process, 358.)— 6. (Dios 
cor., iv., 13.— Adams, Append., s. v.)— 7. (II. N., ix., 15.)— 8. 
(Plin., ed. Panckoucke, vol. vii., p. 161.)— 9. (Griffith's Cuviei, 
vol. x., p. 434.) — 10. (Theophrast., H. P., i., 10 ; vi , 1, A* 
— Martvn ad Virg., Georg., ii., 213.) 



COCALIS. 



COCHLEA. 



fcprengel, concur in setting down for the Carthamus 
tinctonus, or Bastard Saffron. 1 

*Cx\IDE (Kvldrj). (Vid. Acalephe.) 

*CNIPS or SCNIPS (mtty, ckv'l^), a numerous 
genus of insects, which prey upon the leaves of 
trees. They form the Aphis, L. The Cnips is of- 
ten confounded with the nuvoip. 2 

•CNIPOL'OGUS {Kvi-rcoUyog), the name of a 
bird briefly noticed by Aristotle. 3 According to 
Gesner, it is the white Wagtail, or Motacilla alba. 
Aristotle describes it as of an ashy colour (anodoei- 
djfc ), and marked with spots (KaTaarucToc), and as 
having a little cry (QoveZ 6e fiinpov). This account 
suits very well the Motacilla A., and its cry of guit, 
guit. It is ranked by the Greek naturalists among 
the GKvi-Kotyuya, and the Motacilla, it is well known, 
makes as much havoc among flies, gnats, and small- 
er insects as either the fly-catchers or swallows.* 

COA VESTIS, the Coan robe, is mentioned by 
various Latin authors, but most frequently and dis- 
tinctly by the poets of the Augustan age. 5 From 
their expressions we learn that it had a great de- 
gree of transparency, that it was remarkably fine, 
that it was chiefly worn by women of loose reputa- 
tion, and that it was sometimes dyed purple and en- 
riched with stripes of gold. It has been supposed 
to have been made of silk, because in Cos silk was 
spun and woven at a very early period, so as to ob- 
tain a high celebrity for the manufactures of that 
island.* The annexed woodcut is from a painting 




discovered at Pompeii. 7 It represents a lady wear- 
ing a tunic of almost perfect transparency, so as to 
correspond to the description of the Coa vestis. 
Her headdress is of the kind called KEKpv<pa?<,oe in 
Greek, and reticulum in Latin, which also occurs in 
a figure on page 187. 

COA'CTOR. This name was applied to collect- 
ors of various sorts, c. g., to the servants of the 
publicani, or farmers of the public taxes, who col- 
lected the revenues for them ; 8 also to those who 
collected the money from the purchasers of things 
sold at a public auction. Horace 9 informs us that 
his father was a coactor of this kind. Moreover, 
the servants of the money-changers were so called, 
from collecting their debts for them. 10 The " coac- 
tores agminis" were the soldiers who brought up 
the rear of a line of march. 

♦COCALIS (KOKa?ug rov atrov), the Agrostcmma 

1. (The iphrast., i., 13; vi., 4.— Dioscor., iv., 187.— Adams, 
Append., s. v.)— 2. (Theophrast., II. P., iv., 7.— Adams, Append., 
s. t.)-- 3. (H. A., viii., 5.)— 4. (Compare Griffith's Cuvier, vol. 
ni., p. 52.)— 5. (Tibull.,ii.,4; ii., 6.— Propert., i., 2 ; ii., 1 ; iv., 
2 ; iv., 5.— Hor., Carm., IV., xiii., 13.— Sat., I., ii., 101.— Ovid, 
Ars Am., ii., 298.)— 6. (Aristotle, H. A., v., 19.)— 7. (Mus. Bor- 
boiuco, viii., 5.)— 8. (Cic, Pro Rab. Post., 11.)— 9. (Sat., I., vi., 
fe.;— 10. (Cic, Pro ClueDt 64.) 



Githago. Its English name, Corn- Cockle, is evi- 
dently derived from the ancient appellation, as Ad- 
ams remarks. 1 

*COCCUM, or COCCI GRANUM, a name given 
by the ancients to what they conceived to be a spe- 
cies of grain, producing a bright scarlet or crimson 
colour, but which modern naturalists have discov- 
ered to be a kind of insect (kermes). The Quercus 
cocci/era is the tree that principally engenders them, 
and it is from their name (coccum, coccus) that the 
term cochineal has been derived. The coccus of the 
ancients came from Portugal, Sardinia, Asia Minor, 
and Africa. 8 

*COCCYG'EA (KOKKvyia), a species of plant men- 
tioned by Theophrastus, and which, according to 
Schneider, has been generally taken for the Rhus 
cotinus, L. It appears from Sibthorp that the mod- 
ern Greeks make a flame-red colour from it. 3 

*COCCYME'LEA (kokkv/ivMo), a kind of Plum. 
Isidorus says, " Coccymela, quam Latini ob color cm 
prunum vocant, cujus generis Damascena melior.'''' 
Sprengel refers that of Dioscorides to the Prunus 
insiticia, or Bullace-tree, a well-known species of 
plum. Sibthorp's authority is in favour of the Pru- 
nus domestica. The Damask plums, or ra Kara rrjv 
Aauaatcnvov, of Galen, are much commended by an- 
cient authors. 4 

*COCCYX (kokkvO- I- The Cuckoo, or Cuculus 
canorus. Its history is correctly given by Aristo- 
tle. 5 " If we consult the ancients, and even some 
modern naturalists," observes Griffith, " we shall 
find stories of the greatest absurdity connected 
with the name of the cuckoo. It would seem that 
everything the most monstrous in fable, or the most 
odious and criminal in the history of mankind, had 
been carefully sought out, and attributed to these 
inoffensive birds : and this, because men could not 
discover the secret springs which Nature has em- 
ployed to give to this species manners, habits, and 
a model of life altogether opposite to those of oth- 
ers, and the union of which fixes on the cuckoos a 
distinguishing character from all other known ani- 
mals.'" The ancients held the flesh of the cuckoo 
in high estimation, as do also the modern Italians. 

*II. A species of Fish, the same with the Trigla 
Cuculus, L. It is the Red Gurned, or Rotchet ; . in 
French, Rouget or Re/ait. 1 

*COCCO'NES (kokkcovsc), the seed of the Punica 
granata, or Pomegranate. 8 

*COCH'LEA (ko X Mos), the Snail, a genus of 
Mollusca. Of snails there are three sorts, the Sea, 
the River, and the Land. The last are the Helices, 
one of which, the Helix pomatia, or edible snail, 
was much used by the Greeks and Romans as an 
article of food. The ancients, as Adams remarks, 
must have been also well acquainted with the Helix 
fruticum and the H. arbustorum. 9 " The uses of 
the Helices, or Snails," observes Griffith, *f are not 
very numerous. It appears, however, that the lar- 
ger species, and especially the garden-snails {H. po- 
matia, L.), serve for the aliment of man in many 
countries. The Romans, according to Pliny, 10 con- 
sumed great quantities of them ; and they must have 
been in great estimation for the table, since that au 
thor has thought fit to give, in his Natural History, 
the name of him who first turned his attention to 
the rearing of these animals in sorts of parks or de- 
pots, and of fattening them with particular substan- 
ces. The best, came from the island of Astypalsea, 



1. (Myrepsus, iv., 2. — Adams, Append., s. v.) — 2. (Theo- 
phrast., H. P., hi., 16. — Dioscor., iv., 48. — Plin., H. N., xvi., 12.) 
— 3. (Theophrast., iii., 16. — Adams, Append., s. v.) — 4. (Theo- 




(Adams, Append., s. v.) — 10. (H. N., ix., 56 ) 



271 



COCHLEA. 



CODEX GREGORIANUS. 



ore of the Cyclades ; the smallest from Reate, in 
the Sabine territory, and the largest from Illyria. 
The Romans also greatly esteemed the snails of Si- 
cily, of the Balearic Isles, and of the island of Ca- 
prea. They shut them up in sorts of warrens, and 
fattened them there with cooked meat, flour, &c. 
Tt was Fulvius Hirpinus who first conceived the 
idea of this, a short time previous to the civil war 
between Pompey and Caesar. He carefully separa- 
ted each species, and succeeded in obtaining indi- 
viduals whose shells contained octoginta quadrantes, 
about ten quarts. All this history is taken from 
Pliny ; but there would appear to be some confu- 
sion in it, especially with regard to the size produ- 
ced by education ; for Varro, 1 after whom he writes, 
says the same only concerning the African species, 
which naturally attained to these dimensions. It 
does not appear that this mode of educating snails 
was practised for any great length of time, for Ma- 
crobius says nothing about it." 8 

CO'CHLEA (/co^Amc), which properly means a 
snail, was also used in several other significations. 

I. It signified a screw, .one of the mechanical 
powers, so named from its spiral form, which re- 
sembles the worming of a shell. The woodcut an- 
nexed represents a clothes-press, from a painting 




on the wall of the Chalcidicum of Eumachia, at 
Pompeii, which is worked by two upright screws 
(cochlea) precisely in the same manner as our own 
linen presses. 

A screw of the same description was also used in 
oil and wine presses. 3 The thread of the screw, for 
which the Latin language has no appropriate term, 
is called nepiKox^iov in Greek. 

II. Cochlea was also the name of a spiral pump 
for raising water, invented by Archimedes,* from 
whom it has ever since been called the Archime- 
dean screw. It is described at length by Vitruvius. 5 

A pump of this kind was used for discharging the 
bilge-water in the ship of Hiero, which was built 
under the directions of Archimedes. 6 

III. Cochlea was also the name of a peculiar 
kind of door, through which the wild beasts passed 
from their dens into the arena of the amphitheatre. 7 
It consisted of a circular cage, open on one side like 
a lantern, which worked upon a pivot and within a 
shell, like the machines used in the convents and 
foundling hospitals of Italy, termed rote, so that any 
particular beast could be removed from its den into 
the arena merely by turning it round, and without 
the possibility of more than one escaping at the 

1 'Varro, R. R., iii., 14.)— 2. (Griffith's Cuvier, vol. xii., p. 
339.)— a. (Vitruv., vi., 9, p. 180, ed. Bipont.— Palladius, IV., x., 
10; II., xix., 1.) — 4. (Diod. Sic, i., 34; v., 37. — Compare 
Stiab., xvii., 30.)— 5. (x., 11.)— 6. (Athen., v., 43.)— 7. (Varro, 
R R., iii., 5, t> 3.) 

272 



same time ; and therefore it is recommended by 
Varro 1 as peculiarly adapted for an aviary, so that 
the person could go in and out without afTording 
the birds an opportunity of flying away. Schneider,* 
however, maintains that the cochlea in question was 
nothing more than a portcullis (cataphracta) raised 
by a screw, which interpretation does not appear sc 
probable as the one given above. 

CO'CHLEAR (Kox?udpiov) was a kind if spoon 
which appears to have terminated with a point at 
one end, and at the other was broad and h< llow like 
our own spoons. The pointed end was used foi 
drawing snails (cochlea) out of then shells, and eat- 
ing them, whence it derived its Lame ; and the 
broader part for eating eggs, &c. Martial 3 men- 
tions both these uses of the cochlear : 

" Sum cochleis habilis nee sum minus utilis ovis."* 

Cochlear was also the name given to a small 
measure like our spoonful. According to Rhemni- 
us Fannius, it was -^ of the cyathus. 

CODEX is identical with caudex, as Claudius and 
Clodius, claustrum and clostrum, cauda and coda. 
Cato 5 still used the form caudex in the same sense in 
which afterward codex was used exclusively. 6 The 
word originally signified the trunk or stem of a tree, 7 
and was also applied to designate anything composed 
of large pieces of wood, whence the small fishing 
or ferry boats on the Tiber, which may originally 
have been like the Indian canoes, or were construct- 
ed of several roughly-hewn planks nailed together 
in a rude and simple manner, were called naves cau- 
dicaria, or codicaria, or caudicea* The surname of 
Caudex given to Appius Claudius must be traced 
to this signification. But the name codex was es- 
pecially applied to wooden tablets bound togethei 
and lined with a coat of wax, for the purpose cl 
writing upon them ; and when, at a later age, parch- 
ment, or paper, or other materials were substituted 
for wood, and put together in the shape of a book, 
the name of codex was still applied to them.' Ir. 
the time of Cicero we find it also applied to the tab- 
let on which a bill was written ; and the tribune 
Cornelius, when one of his colleagues forbade his 
bill to be read by the herald or scribe, read it himself 
(leg-it codicem suum 10 ). At a still later period, during 
the time of the emperors, the word was used to ex- 
press any collection of laws or constitutions of the 
emperors, whether made by private individuals or 
by public authoritv. See the following articles. 

CODEX GREGORLVNUS and HERMOGENI- 
A'NUS. It does not appear quite certain if this 
title denotes one collection or two collections. The 
general opinion, however, is, that there were two 
codices, compiled respectively by Gregorianus and 
Hermogenianus, who are sometimes, though, as it 
seems, incorrectly, called Gregorius and Hermoge- 
nes. The codex of Gregorianus consisted of thir- 
teen books at least, which were divided into titles 
The fragments of this codex begin with constitu- 
tions of Septimius Severus, and end with Diocletian 
and Maximian. The codex of Hermogenianus, so 
far as we know it, is only quoted by titles, and it 
also contains constitutions of Diocletian and Max- 
imian ; it may, perhaps, have consisted of one book 
only, and it may have been a kind of supplement or 
continuation to, or an abridgment of, the other. The 
name Hermogenianus is always placed after that of 
Gregorianus when this code is quoted. According 



1. (1. c.)— 2. (in Ind. Script. R. R., s. v. Cavea.)— 3. (xiv., 
121.)— 4. (Compare Plin., H. N., xxviii., 4.— Petron., 33.')— 5. 
(ap. Front., Epist. ad M. Anton., i., 2.) — 6. (Compare Ovid, Met., 
xii., 432.)— 7. (Virg., Georg.,ii., 30— Columella, :.ii., 19.— Plin., 
II. N., xvi., 30.) — 8. (Fest. and Varro, ap. Nonium, xiii., 12.— 
Gellius, x., 25.)— 9. (Cic, Verr., ii., 1, 36.— Dig. 32, tit 1, s 
52.— Sueton., Octav., 101.)— 10. (Yid. Cic. in Vat., 2.— Awx* 
Ped. in Argum. ad Cornel., p. 58, ed. Orelli.) 



CODEX JUSTINIANEUS. 



CODEX THEODOSIANUS. 



la the Consultationes, the Codex of Hermogenianus 
also contained constitutions of Valens and Valen- 
tinian II., which, if true, would bring down the 
compiler to a time some years later than the 
reign of Constantine the Great, under whom it is 
generally assumed that he wrote. These codices 
were not made by imperial authority, so far as 
we know : they were the work of private individu- 
als, but apparently soon came to be considered as 
authority in courts of justice, as is shown indirectly 
\»y the fact of the Theodosian and Justinian Codes 
>eing formed on the model of the Codex Gregoria- 
\us and Hermogenianus. 1 

CODEX JUSTINIANE'US. In February of the 
[ ear A.D. 528, Justinian appointed a commission, 
consisting of ten persons, to make a new collection 
of imperial constitutions. Among these ten w T ere 
Tribonianus, who was afterward employed on the 
Digesta and the Institutiones, and Theophilus, a 
teacher of law at Constantinople. The commission 
was directed to compile one code from those of 
Gregorianus, Hermogenianus, and Theodosius, and 
also from the constitutions of Theodosius made 
subsequently to his code, from those of his success- 
ors, and from the constitutions of Justinian himself. 
The instructions given to the commissioners em- 
powered them to omit unnecessary preambles, repe- 
titions, contradictions, and obsolete matter ; to ex- 
press the laws to be derived from the sources above 
mentioned in brief language, and to place them 
under appropriate titles ; to add to, take from, or 
vary the words of the old constitutions, when it 
might be necessary, but to retain the order of time 
in the several constitutions, by preserving the dates 
and the consuls' names, and also by arranging them 
under their several titles in the order of time. 
The collection was to include rescripts and edicts, 
as well as constitutiones properly so called. Four- 
teen months after the date of the commission, the 
code was completed and declared to be law, under 
The title of the Justinianeus Codex ; and it was de- 
clared that the sources from which this code was 
derive I were no longer to have any binding force, 
and that the new code alone should be referred to 
as of legal authority. 8 

The Digest or Pandect, and the Institutiones, 
were compiled after the publication of this code, 
subsequently to which, fifty decisiones and some 
new constitutiones also were promulgated by the 
emperor. This rendered a revision of the Code ne- 
cessary ; and, accordingly, a commission for that 
purpose was given to Tribonianus Dorotheus, a 
distinguished teacher of law at Berytus in Phoeni- 
cia, and three others. The new code was promul- 
gated at Constantinople on the 16th of November, 
534, and the use of the decisiones, the new consti- 
tutiones, and of the first edition of the Justinianeus 
Codex, was forbidden. The second edition (secun- 
da cdito, repctita prcelectio, Codex repetita pralectio- 
nis) is the codfe that we now possess, in twelve 
books, each of which is divided into titles. It is 
not known how many books the first edition con- 
tained. The constitutiones are arranged under 
their several titles, in the order of time and with 
the names of the emperors by whom they were 
respectively made, and their dates. 

The constitutions in this code do not go farther 
:>ack than those of Hadrian, and those of the imme- 
diate successors of Hadrian are few in number ; a 
circumstance owing, in part, to the use made of 
'.he earlier codes in the compilation of the Justinian 



1 . (Zimmern, Geschichte des R5mischen Privatrechts, Heidelh., 
1 626. — Hugo, Lehrbuch der Geschicht« des Rom. Rechts, Ber- 
1 n, 1832.— Frag. Cod. Greg, et Hermog., in Schulting's Juris- 
rrmlentia Vet., <fcc, and in the Jus Civile Antejustin., BeroL, 

'15.1 — 2. (Consiit. de Justin. Cod. Confirmando.) 
NT m 



Code, and also to the fact of many of their earner 
constitutions being incorporated in the writings of 
the jurists, from which alone any knowledge ol 
many of them could be derived. 1 

The constitutions, as they appear in this code, 
have been in many cases altered by the compilers, 
and, consequently, in an historical point of view, 
the Code is not always trustworthy. This fact ap- 
pears from a comparison of this code with the The- 
odosian code and the Novelise. The order of the 
subject matter in this Code corresponds, in a certain 
way, with that in the Digest. Thus the seven 
parts into which the fifty books of the Digest are 
distributed, correspond to the first nine books of the 
Code. The matter of the last three books of the 
Code is hardly treated of in the Digest. The mat- 
ter of the first book of the Digest is placed in the 
first book of the Code, after the law relating to ec- 
clesiastical matters, which, of course, is not con- 
tained in the Digest ; and the three following books 
of the first part of the Digest correspond to the 
second book of the Code. The following books of 
the Code, the ninth included, correspond respective- 
ly, in a general way, to the following parts of the 
Digest. Some of the constitutions which were in 
the first edition of the Code, and are referred to in 
the Institutiones, have been omitted in the second 
edition. 2 Several constitutions, which have also 
been lost in the course of time, have beer. s&i£red 
by Charondas, Cujacius, and Ccrjtks,, from the 
Greek version of them. For the editions of the 
Code, see Corpus Juris. 3 

CODEX THEODOSIA'NUS. In the year 429, 
Theodosius II., commonly called Theodosius the 
Younger, appointed a commission, consisting of 
eight persons, to form into a code all the edicts and 
leges generales from the time of Constantine, and 
according to the model of the Codex Gregorianus 
and Hermogenianus (ad similitudinem Gregoriani et 
Hermogeniani Codicis). In 435, the instructions 
were renewed or repeated ; but the commissioners 
were now sixteen in number. Antiochus was at 
the head of both commissions. It seems, however, 
to have been originally the design of the emperor, 
not only to make a code which should be supple- 
mentary to, and a continuation of, the Codex Gre- 
gorianus and Hermogenianus, but also to complete 
a work on Roman law from the classical jurists, 
and the constitutions prior to those of Constantine. 
However this may be, the first commission did 
not accomplish this, and what we now have is the 
code which was compiled by the second commis- 
sion. This code was completed, and promulgated 
as law in the Eastern Empire in 438, and declared 
to be the substitute for all the constitutions made 
since the time of Constantine. In the same year 
(438) the Code was forwarded to Valentinian III., 
the son-in-law of Theodosius, by whom it was laid 
before the Roman senate, and confirmed as law in 
the Western Empire. Nine years later, Theodosi- 
us forwarded to Valentinian his new constitutions 
(novella constitutiones), which had been made since 
the publication of the Code ; and these, also, wen 1 
in the next year (448) promulgated as law in the 
Western Empire. So long as a connexion existed 
between the Eastern and Western Empires, that is. 
till the overthrow of the latter, the name Novellas 
was given to the constitutions subsequent to the 
Code of Theodosius. The latest of these Novellas 
that has come down to us is one of the time of Leo 
and Anthemius, De Bonis Vacantibus, A.D. 468. 

The Codex Theodosianus consists of sixteen 
books, the greater part of which, as well as his No- 

1. (Constit. de Emendatione Cod. Dom. J«stin.)— 2. (Instit. 
2, tit. 20, s. 27 ; 4, tit. fi, s. 24.)— 3. (Zimmern, &c— Hugo, Lehr 
buch der Geschichte des Rom. Rechts, &c.) 

2? 1 



CCENA. 



CCENA 



vellae, exist in meir genuine state. The books are 
divided into titles, and the titles are subdivided into 
sections or laws. The valuable edition of J. Goth- 
ofredus (6 vols, fol., Lugd., 1665, re-edited by Hit- 
ter, Lips., 1736-1745, fol.) contains the Code in its 
complete form, except the first five books and the 
beginning of the sixth, for which it was necessary 
to use the epitome contained in the Breviarium {vid. 
Breviarium). This is also the case with the edi- 
tion of this code contained in the Jus Civile Ante- 
jusiinianeum. But the recent discovery of a MS. of 
the Breviarium at Milan by Clossius, and of a Pa- 
limpsest of the Theodosian Code at Turin by Pey- 
ron, has contributed largely both to the critical 
knowledge of the other parts of this code, and has 
added numerous genuine constitutions to the first 
live bcoks, particularly to the first. Hand's dis- 
coveries, also, have added to our knowledge of the 
later books. 

The extract or epitome of the first five books in 
the Breviarium is very scanty ; 262 laws, or frag- 
ments of laws, were omitted, which the discoveries 
of Clossius and Peyron have reduced to 200. , 

The Novellae Constitutiones anterior to the time 
of Justinian are collected in six books in the Jus 
Civile Antejustinianeum. 

The commission of Theodosius was empowered 
to arrange the constitutiones according to their 
subject, and under each subject according to the 
order of time ; to separate those which contained 
different matter, and to omit what was not essen- 
tial or superfluous. The arrangement of the Theo- 
dosian Code differs in the main from that of the 
Code of Justinian, which treats of jus ecclesiasticum 
in the beginning, while that of Theodosius in the 
first book treats chiefly of offices ; and the second, 
bird, fourth, and beginning of the fifth book treat 
of jus privatum. The order here observed, as well 
as in the Code which it professed to follow as a 
model, was the order of the praetorian edict, and of 
the writers on the edict. The eighth book contains 
the laws as to gifts, the penalties of celibacy, and 
that relating to the jus liberorum. The ninth book 
begins with crimes. The laws relating to the 
Christian Church are contained in the sixteenth 
and last book. It is obvious, from the circumstan- 
ces under which the Theodosian and Justinian Codes 
were compiled, and from a comparison of them, 
that the latter was greatly indebted to the former. 
The Theodosian Code was also the basis of the 
edict of Theodoric, king of the Ostrogoths ; it was 
epitomized, with an interpretation, in the Visigoth 
Lex Romana (vid. Breviarium) ; and the Burgun- 
dian Lex Romana, commonly called Papiani Liber 
Responsorum, was founded upon it. 

CODICI'LLUS. (Vid. Testamentum.) 

COE'MPTIO. (Vid. Marriage.) 

CCENA. As the Roman meals are not always 
clearly distinguished, it will be convenient to treat 
of all under the most important one. The follow- 
ing article is designed to give a short account of the 
familiar day of the Romans. No one who remem- 
bers the changes which custom has brought about 
in our own country during the last century, will 
expect the same description of domestic manners 
to apply to any considerable period of time. It will 
suffice to take the ordinary life of the middle ranks 
of society in the Augustai. age, noticing incidental- 
ly the most remarkable deviations, either on the 
side of primitive simplicity or of late refinement. 

The meal with which the Roman sometimes be- 
gan the day was the jentaculum, a w r ord derived, as 
Isidore would have us believe, a jejunio solvendo, 
and answering to the Greek uKpaTia/xoc. Festus 
tells us that it was also called prandicula or silatum. 
Though by no means uncommon, it does not appear 
274 



to have been usual, except in the case of children, 
or sick persons, or the luxurious, or, as Nonius 
adds, 1 of labouring men. An irregular meal (if we 
may so express it) was not likely to have any very 
regular time : two epigrams of Martial, however, 
seem to fix the hour at about three or four o'clock 
in the morning. 2 Bread, as we learn from the epi- 
gram just quoted, formed the substantial part of this* 
early breakfast, to which cheese, 3 or dried fruit, as 
dates and raisins,* was sometimes added. The 
jentaculum of Vitellius 5 was doubtless of a more 
solid character ; but this was a case of monstrous 
luxury. 

Next followed the prandium or luncheon, witli 
persons of simple habits a frugal meal : 

" Quantum interpellet inani 
Ventre diem durare^ 

As Horace himself describes it in another place, 7 

" Cum sale panis 
Lalrantem stomachum bene leniet,'" 

agreeably with Seneca's account, 8 " Panis deinde 
siccus et sine mensa prandium, post quod non sunt la- 
vanda manus." From the latter passage we learn 
incidentally that it was a hasty meal, such as sail- 
ors 9 and soldiers 10 partook of when on duty, with- 
out sitting down. The prandium seems to have ori- 
ginated in these military meals, and a doubt has 
been entertained whether in their ordinary life the 
Romans took food more than once in the day. 
Pliny 11 speaks of Aufidius Bassus as following the 
ancient custom in taking luncheon ; but again, 12 in 
describing the manners of an oldfashioned person, 
he mentions no other meal but the cKna. The fol- 
lowing references 13 seem to prove that luncheon 
was a usual meal, although it cannot be supposed 
that there were many who, like Vitellius, could 
avail themselves of all the various times which the 
different fashions of the day allowed (" epulas trifa- 
riam semper, interdum quadrifariam dispertiebat, in 
jentacula et prandia, et ccenas, comissationesque ; fa- 
cile omnibus sujficiens, vomitandi consuetudine' 111 *). It 
would evidently be absurd, however, to lay down 
uniform rules for matters of individual caprice, or 
of fashion at best. 

The prandium, called by Suetonius 15 cibus meridi- 
anus, was usually taken about twelve or one 
o'clock. 16 For the luxurious palate, as we gather 
incidentally from Horace's Satires, very different 
provision was made from what was described above 
as his own simple repast. Fish was a requisite of 
the table : 17 

" Foris est promus, et atrum 
Defendens pisces hycmat mare ;** 

to which the choicest wines, sweetened with the 
finest honey, were to be added : 

" Nisi Hymettia mclla Falerno 
Ne biberis diluta ;" 

which latter practice is condemned by the learned 
gastronomer, 19 who recommends a weaker mixture, 

" Leni pracordia mulso 
Prolueris melius," 

and gravely advises to finish with mulberries fresh 
gathered in the morning. 19 

The words of Festus, " ccena apud antiquos dice- 
batur quod nunc prandium," have given much trouble 

1. (De Re Cib., i., 4.)— 2. (Mart., Epigr., xiv., 233 ; viii., 67, 
9.)— 3. (Apul., Met., i., p. 110, ed. Francof, 1621.) —4. (Suet.. 
Octav., 76.)— 5. (Suet., Vit., c. 7, c. 13.)— 6. (Hor.. Sat., I., vi., 
127, 128.)— 7. (Sat., II., ii., 17.)— 8. (Ep., 84 ) — 9. (Juv., Sat., 
vi., 101.)— 10. (Liv., xxviii., 14.)— 11. (Ep., Hi., 5.) — 12. (Ep.. 
iii., 1.)— 13. (Sen., Ep., 87.— Cic.,Ep. ad Att., v., 1.— Mart.,vi. 
64.)— 14. (Suet., Vit., 13.)— 15. (Aug., 78.)— 16. (Suet., Cal.,58 
—Claud., 34.)— 17. (Sat., II., ii., 16.)— 18. (Sat., II., iv., 26.)- 
19. (Ibid., 21-23.— Vid. Tate's Horace, 2d ed., p 97-106.) 



CCENA. 



CCENA 



to the critics, perhaps needlessly, when we remem- 
ber the change of hours in our own country. If we 
translate cana, as, according to our notions, we ought 
to do, by " dinner," they describe exactly the alter- 
ation of our own manners during the last century. 
The analogy of the Greek word decrrvov, which, ac- 
cording to Athenaeus, was used in a similar way for 
upicTov, also affords assistance. Another meal, 
termed merenda, is mentioned by Isidore and Fes- 
tus, for which several refined distinctions are pro- 
posed; but it is not certain that it really differed 
from the prandium. 

The table, which was made of citron, maple-wood, 
or even of ivory, 1 was covered with a mantcle, and 
each of the different courses, sometimes amounting 
to seven, 8 served upon a fcrculum or waiter. In 
the " munda supellex" of Horace, great care was 
taken. 

" Ne turpe toral, ne sordida mappa 
Corruget nares ; ne non ct cantharus et lanx 
Ostendat tibi te." 3 

And on the same occasion, the whole dinner, which 
consisted of vegetables, was served up on a single 
platter. 4 

To return to our description, the dinner usually 
consisted of three courses : first, the promulsis or 
antecana, 5 called also gustatio, 6 made up of all sorts 
of stimulants to the appetite, such as those descri- 
bed by Horace, 

" Rapula, lactuca, radices, qualia lassum 
Pervellunt stomachum, siser, alec, facula Coa." 1 

Eggs also 8 were so indispensable to the first course 
that they almost gave" a name to it (ab ovo Usqve ad 
mala). In the promulsis of Trimalchio's supper 9 — 
probably designed as a satire on the Emperor Nero 
— an ass of Corinthian brass is introduced, bearing 
two panniers, one of white, the other of black ol- 
ives, covered with two large dishes inscribed with 
Turaalchio's name. Next come dormice (glires) 
on small bridges sprinkled with poppy-seed and 
honey, and hot sausages (tomacula) on a silver grid- 
iron (craficula), with Syrian prunes and pomegran- 
ate berries underneath. These, however, were 
imperial luxuries ; the frugality of Martial only al- 
lowed of lettuce and Sicenian olives ; indeed, he 
himself tells us that the promulsis was a refinement 
of modern luxury. 10 Macrobius 11 has left an authen- 
tic record of a coena pontificum, 12 given by Lentulus 
on his election to the office of fiamen, in which the 
first course alone was made up of the following 
dishes : Several kinds of shell- fish {echini, ostrece 
cruda, pelorides, spondyli, glycomarides, murices pur- 
pura, balani albi et nigri), thrushes, asparagus, a 
fatted hen (gallina altilis), beccaficoes (ficcdula), 
nettles (urtica), the haunches of a goat and wild boar 
(lumbi capragini, aprugni), rich meats made into 
pasties (altilia ex farina involuta), many of which are 
twice repeated in the inventory. 

It would far exceed the limits of this work even 
to mention all the dishes which formed the second 
course of a Roman dinner, which, whoever likes, 
may find minutely described in Bulengerus. 13 Of 
birds, the Guinea-hen (Afra avis), the pheasant (Pha- 
siana, so called from Phasis, a river of Colchis), and 
the thrush, were most in repute ; the liver of a ca- 
pon steeped in milk (Pliny), and beccaficoes (ficedu- 
la) dressed with pepper, were held a delicacy. 14 The 
peacock, according to Macrobius, 15 was first intro- 
duced by Hortensius the orator, at an inaugural 




supper, and acquired such --emite among the Roma* 
gourmands as to be commonly sold for fifty denarii. 
Other birds are mentioned, as the duck (anas 1 ), es- 
pecially its head and breast ; the woodcock (alia 
gen), the turtle, and flamingo (phoznicopterus 2 ), the 
tongue of which, Martial tells us, especially com 
mended itself to the delicate palate. Of fish, the 
variety was perhaps still greater : the charr (sea- 
rus), the turbot (rhombus), the sturgeon (acipenser), 
the mullet (mullus), were highly prized, and dressed 
in the most various fashions. In the banquet of 
Nasidienus, an eel is brought, garnished with prawns 
swimming in the sauce. 3 Of solid meat, pork 
seems to have been the favourite dish, especially 
sucking-pig ; 4 the paps of a sow served up in milk 
(sumen 5 ), the flitch of bacon (petaso 6 ), the womb of 
a sow (vulva 1 ), are all mentioned by Martial. Boar's 
flesh and venison were also in high repute, espe- 
cially the former, described by Juvenal 8 as animal 
propter convivia natum. Condiments were added to 
most of these dishes : such were the muria, a kind 
of pickle made from the tunny-fish ; 9 the garum so- 
ciorum, made from the intestines of the mackerel 
(scomber), so called because brought from abroad ; 
alec, a sort of brine ; fax, the sediment of wine, 
&c, for the receipts of which we must again refer 
the reader to Catius's learned instructor. 10 Sever- 
al kinds of fungi 11 are mentioned, truffles (bolcti), 
mushrooms (tuberes), w T hich either made dishes by 
themselves, or formed the garniture for larger 
dishes. 

It must not be supposed that the artistes of impe- 
rial Rome were at all behind ourselves in the prep- 
aration and arrangements of the table. In a large 
household, the functionaries to whom this important 
part of domestic economy was intrusted were four, 
the butler (promus), the cook (archimagirus), the 
arranger of the dishes (structor), and the carver 
(carptor or scissor). Carving was taught as an art,, 
and, according to Petronius, 12 performed to the sound 
of music, with appropriate gesticulations, 

" Ncque enimminimo discrimine refer t 
Quo vultu lepores et quo gallina secetur. ,n9 

In the supper of Petronius, a large round tray 
(ferculum, repositorium) is brought in, with the signs 
of the zodiac figured all round it, upon each of which 
the artiste (structor) had placed some appropriate 
viand : a goose on Aquarius ; a pair of scales, with 
tarts (scriblita) and cheesecakes (placenta) in each 
scale, on Libra, &c. In the middle was placed a 
hive supported by delicate herbage. Presently four 
slaves come forward, dancing to the sound of music, 
and take away the upper part of the dish ; beneath 
appear all kinds of dressed meats : a hare with 
wings, to imitate Pegasus, in the middle ; and four 
figures of Marsyas at the corners, pouring hot sauce 
(garum piperatum) over the fish that were swim- 
ming in the Euripus below. So entirely had the Ro- 
mans lost all shame of luxury, since the days when 
Cincius, in supporting the Fannian law, charged his 
own age with the enormity of introducing the por- 
cus Trojanus (a sort of pudding stuffed with the 
flesh of other animals 14 ). 

The bellaria or dessert, to which Horace alludes 
when he says of Tigellius ab ovo Usque ad mgla cit- 
arct, consisted of fruits (which the Romans usually 
ate uncooked), such as almonds (amygdala), dried 
grapes (uva passa), dates (palmula, laryota, dactyli) ; 
of sweetmeats and confections, called edulxa mcUita, 
dulciaria, such as cheesecakes (cupedia, cruslula, li- 
ba, placenta, artologani), almond-cakes (coptre), tarts 

1. (Mart., xiii., 52.)— 2. (Mart., xiii , 71.)— 3. (Mart., Xeuit, 
xiii.)— 4. (Mart, xiii., 41.)— 5. (Ibid., Ep., 44.)— 6. (Ep.,55.)— 
7. (Ep., 56.) — 8. (Sat., :., 141.)— 9. (Mart., xiii., 103.)— 10 
(Hor., Sat., II., iv.)— 11. (Ibid , v., 20.)— 12. (35,30.* -13 (Juv 
Sat., v., 121.)— 14. (Macrob., Sat , ii., 2.) 

275 



CfENA. 



CCENA. 



{scriblita), whence the maker of them was called 
pistor dulciarius, placentarius, libarius, &c. 

We will now suppose the table spread and the 
guests assembled, each with his mappa or napkin, 1 
and in his dinner-dress, called ccenatoria or cubitoria, 
usually 9f a bright colour, 2 and variegated with 
flowers. First they took off their shoes for fear of 
soiling the couch, 3 which was often inlaid with 
ivory or tortoise-shell, and covered with cloth of 
gold. Next they lay down to eat,* the head rest- 
ing on the left elbow, and supported by cushions. 5 
There were usually, but not always, three on the 
same couch,* the middle place being esteemed the 
most honourable. Around the tables stood the ser- 
vants (ministri), clothed in a tunic, 7 and girt with 
napkins : 8 some removed the dishes and wiped the 
tables with a rough cloth (gausape 9 ) ; others gave 
the guests water for their hands, or cooled the room 
with fans. 10 Here stood an Eastern youth 11 behind 
his master's couch, ready to answer the noise of 
the fingers (digiti crepitus 12 ), while others bore a 
large platter (mazonomum) of different kinds of meat 
to the guests. 13 

Whatever changes of fashion had taken place 
since primitive times, the ccena in Cicero's day 14 
was at all events an evening meal. It was usual 
to bathe about two o'clock and dine at three, hours 
which seem to have been observed, at least by the 
higher classes, long after the Augustan age. 18 When 
Juvenal mentions two o'clock as a dinner hour, he 
evidently means a censure on the luxury of the per- 
Bon named, 16 

" Exul ab octava Marius bibit." 

In the banquet of Nasidienus, about the same hour 
is intended when Horace says to Fundanius, 

" Nam mihi qucerenti convivam dictus here ilhc 
De medio potare die." 

Horace and Maecenas used to dine at a late hour, 
about sunset. 17 Perhaps. the various statements of 
classical authors upon this subject can only be rec- 
onciled by supposing that with the Romans, as with 
ourselves, there was a great variety of hours in the 
different ranks of society. 

Dinner was set out in a room called ccenatio or 
diceta (which two words perhaps conveyed to a Ro- 
man ear nearly the same distinction as our dining- 
room and parlour). The ccenatio, in rich men's 
houses, was fitted up with great magnificence. 18 
Suetonius 19 mentions a supper-room in the Golden 
Palace of Nero, constructed like a theatre, with shift- 
ing scenes to change with every course. The gar- 
ret of the poor man was termed ccenaculum.™ In 
the midst of the ccenatio were set three couches 
{triclinia), answering in shape to the square, as the 
long semicircular couches (sigmata) did to the oval 
tables. An account of the disposition of the couch- 
es, and of the place which each guest occupied, is 
given in the article Triclinium. 

The Greeks and Romans were accustomed, in 
later times, to recline at their meals ; though this 
practice could not have been of great antiquity in 
Greece, since Homer never describes persons as 
reclining, but always as sitting at their meals. Isi- 
dore of Seville 21 also attributes the same practice to 
the ancient Romans. Even in the time of the early 
Roman emperors, children in families of the highest 
rank used to sit together at an inferior table, while 

1. (Mart., xii., 29.)— 2. (Petron., c. 21.) — 3. (Mart., iii., 30.) 
—4. (Hor., Sat., I., iv., 39.)— 5. (Mart., iii., Ep. 8.) —6. (Hor., 
Sat., I., iv.,86.)— 7. (Hor., Sat., II., vi., 107.)— 8. (Suet., Cal., 
126.)— 9. (Hor., Sat., II., viii., 11.) — 10. (Mart., iii., 82.) — 11. 
' Juv., Sat., v., 55.)— 12. (Mart., vi., 89.) — 13. (Hor., Sat., II., 
i iii., 86.)—14 (Ep. ad Att., ix., 7.) — 15. (Mart., IV., viii., 6 ; 
XL, liii , a — Cic. ad Fam., ix., 26. — Plin., Ep., iii., 1.) — 16. 

5at., i. 49, 50.)— 17. (Hor., Sat., II., vii., 33.— Ep., I., v., 3.)— 
»h. (Seti., Ep., 9G.)— 19. (Nero, 31.)-20. (Juv., Sat., x., 17.— 
Hot., Ep., I., i., 91.)- 21. (Orig., xx., 11.) 
27fi 



their fathers and elders reclined on couches at tnc 
upper part of the room. 1 

Roman ladies continued the practice of sitting at 
table, even after the recumbent position had becoma 
common with the other sex. a It appears to have 
been considered more decent, and more agreeable 
to the severity and purity of ancient manners, foi 
women to sit, more especially if many persons were 
present. But, on the other hand, we find cases ol 
women reclining, where there was conceived to be 
nothing bold or indelicate in their posture. In some 
of the bas-reliefs, representing the visit of Bacchus 
to Icarus, Erigone, instead of sitting on the couch, 
reclines upon it in the bosom of her father. In Ju- 
venal 3 a bride reclines at the marriage-supper on 
the bosom of her husband, which is illustrated by 
the following woodcut, taken from Montfaucon.* 




It seems intended to represent a scene of perfeoi 
matrimonial felicity. The husband and wife recline 
on a sofa of rich materials. A three-legged table is 
spread with viands before them. Their two sons 
are in front of the sofa, one of them sitting, in the 
manner above described, on a low stool, and play- 
ing with the dog. Several females and a boy are 
performing a piece of music for the entertainment 
of the married pair. 

Before lying down, the shoes or sandals were ta- 
ken off, and this was commonly done by the attend- 
ants. 5 In all the ancient paintings and bas-reliefa 
illustrative of this subject, we see the guests recli- 
ning with naked feet ; and in those which contain 
the favourite subject of the visit of Bacchus to Ica- 
rus, we observe a faun performing for Bacchus this 
office. The following woodcut, taken from a terra 



jkUumJ^JkJk^M}JjM>M^ 




cotta in the British Museum, representing this sub 
ject, both shows the naked feet of Icarus, who haj 
partly raised himself from his couch to welcome hia 

1. (Tacit., Ann., xiii., 16.- Suet., Aug-., 65.— Claud., 32.)— 2. 
(Varro, ap. Isid., Orig., xx., 11.— Val. Max., ii., 1, 3.)— 3. (Sat., 
ii., 120.)— 4. (Ant. Expl. Supp]., iii.. 66.)— 5. (Terent. Heaiy 
I., i., 72.) 



COGNATI 



COGNATI. 



guest, and also that Bacchus has one ol his feet al- 
ready naked, while the faun is in the act of remo- 
ving the shoe from the other. 

For an account of Greek meals, see the article 
Oeipnon. 

CCENA'CULUM. (Vid. Ccena.) 

CCENA'TIO. (Vid. Ccena.) 

COGNATI. The following passage of Ulpian 1 
will serve as the best introduction to the meaning 
of this term, while it shows on what occasions ques- 
tions involving cognatio and agnatio arose : 

"The hereditates of intestate ingenui belong in 
the first place to their sui heredes, that is, children 
who are in the power of the parent, and those who 
are in the place of children (as grandchildren, for 
instance) ; if there are no sui heredes, it belongs to 
the consanguinei, tbat is, brothers and sisters by 
the same father (it was not necessary that they 
should be by the same mother) ; if there are no 
consanguinei, it belongs to the remaining and near- 
est agnati, that is, to the cognati of the male sex, 
who trace their descent through males, and are of 
the same familia. And this is provided by the fol- 
lowing law of the Twelve Tables : ' Si intestato mo- 
ritur cui situs heres nee cseit, agnatus proximus fa- 
miliam habef.0. 1 " 

The foundation of cognatio is a legal marriage. 
The term cognatus (with some exceptions) compre- 
hends agnatus : an agnatus may be a cognatus, but 
a cognatus is only an agnatus when his relationship 
ay blood is traced through males. 

The following will give a correct notion of agna- 
tus and cognatus. Familia means all those free per- 
sons who are in the power of the same paterfamilias, 
or head of a familia ; and in this sense familia sig- 
nifies all the agnati, or all those who are united in 
one body by the common bond of the patria potestas. 
The cognatio, as already said, was the relationship 
of blood which existed between those who were 
sprung from a common pair, and it therefore (with 
some exceptions) contained the agnatio. But legiti- 
mate grandchildren of sons who were not emanci- 
pated were also in the patria potestas, consequently 
formed part of the familia, and were agnati. Adopt- 
ed children were also in the father's power, and, con- 
sequently, were agnati, though they were not cog- 
nati. The paterfamilias maintained his power over 
his familia so long as he lived, except over those 
who were emancipated, or passed into another fa- 
milia, or in any way sustained a deminutio capitis. 
On his death, the common bond of the patria potes- 
tas was dissolved, and his sons became respectively 
heads of families ; that is, of persons who were in 
their power, or, with respect to one another, were 
agnati. But all these persons continued to be mem- 
bers of the same familia ; that is, they were still ag- 
nati, and, consequently, the agnatio subsisted among 
persons so long as they could trace back their de- 
scent through males to one common paterfamilias. 

Agnati, then, are those " who would be in the pa- 
tria potestas, or in jus, as a wife in manus viri, or in 
the manus of a son who is in the father's power, if 
the paterfamilias were alive ; and this is true wheth- 
er such persons ever were actually so or not." 2 

We must suppose, then, in order to obtain a clear 
notion of agnatio, that if the person from whom the 
agnati claim a common descent were alive, and 
they were all in his power, or in his manus, or in 
the manus of those who are in his power, they 
would all be agnati. In order, then, that agnatio 
may subsist between persons, the person from whom 
the descent is claimed must have lost his patria po- 
testas by death only, and not by any capitis demi- 
nutio, and, consequently, not by any of his children 
pa ssing into any other patria potestas, or into the 

1 (Frag., tit. 26, « 1.)— 2. (Hugo, Lehrbuch, &c.) 



manus viri, which would, in effect, be passing inu 
another agnatio ; for a person could not at the same 
time be an agnatus of two altogether different fam- 
ilies. Accordingly, adoption destroyed agnatio, and 
the emancipation of a son by his father took away 
all his rights of agnatio, and his former agnati lost 
all their rights against him. 

" The patricians, as gentiles, gained what others 
lost as agnati, and they kept as gentiles what they 
themselves lost as agnati ; and this strict doctrine 
of the complete loss of the agnatio appears, there- 
fore, to have originated with them." 1 

Persons of the same blood by both parents were 
sometimes called germani ; and consanguinei were 
those who had a common father only, and uterini 
those who had a common mother only. 

vi. 
Tritavus, 
Tritavia. 

6. 



v. 

Atavus, 
Atavia. - 
5. 

I 
iv. v. 

— Abpatruus, 
Abavus, Abamita, 

Abavia. — Abavunculus, 
Abmatertera. 
4. 6. 

I 
iii. iv. 

— Propatruus, 
Proavus, Proamita, 

Proavia. — Proavunculus, 
Promatert. — 
5. 



11. 



Avus, 
Avia. 



Pater, 
Mater. 



is EAVE 

de cujus 

cognatione 

quaeritur. 



Filius, 
Filia. 

I. 



in. 

— Patruus, 
Amita, 
Avunculus, 
Mater. Mag. — 
4. 

ii. 
— Patruus, 
Amita, 
Avunculus, 
Matertcra. — 
3. 

i. 
— F rater, 
Soror. 

2. 

I 

ii. 

Horuni, 

Filius, 

Filia. 

3. 



iv. 

— Hon- 

Fih 
Filia. 
6. 

iii 

— Propior, 
Sobnno, 
Sobrinave. 
5. 



11. in 

1 — Consobrinus,'- rSobrinn 
Consobrina. Sobria» 



in. 

Horum, 
Filius, 
Filia 
5. 



1 

ii. 
Nepos, 
Neptis. 

2. 

1 


1 

iii. 

Horum, 

Nepos, 

Neptis. 

4. 

1 


1 

iv. 
Horum, 
Nepos, 
Neptis. 

6. 


1 

iii. 
Pronepos, 
Proneptis. 

3. 

| 


1 
iv. 

Horum, 

Pronepos, 

Proneptis. 

5. 

• 1 




IV. 

Abnepos, 
Abneptis. 

4. 
1 


v. 

Horum, 

Abnepos, 

Abneptis 

6 




1 
v. 

Atnepos. 

Atneptis. 

5. 

1 






1 

vi. 
Trinepos, 
Trineptis. 

6. 








1. (Hugo, I 


ehrbuch, Ac.) 



277 



COLLEGIUM. 



COLLEGIUM. 



This table shows all the degrees of cognatio in 
the Roman law, and, of course, also the degrees of 
agnatic The degree of relationship of any given 
person in this stemma, to the person with respect 
to whom the relationship is inquired after (is eave, 
&c), is indicated by the figures attached to the sev- 
eral words. The Roman numerals denote the de- 
gree of cognatio in the canon law, and the Arabic 
numerals the degrees in the Roman or civil law. 
The latter mode of reckoning is adopted in England, 
in ascertaining the persons who are entitled as next 
of kin to the personal estate of an intestate. It will 
be observed, that in the canon law, the number 
which expresses the collateral degree is always the 
greater of the two numbers (when they are differ- 
ent) which express the distance of the two parties 
from the common ancestor ; but in the civil law, 
the degree of relationship is ascertained by count- 
ing from either of the two persons to the other 
through the common ancestor. All those words on 
which the same Roman or the same Arabic numer- 
als occur, represent persons who are in the same 
degree of cognatio, according to these respective 
laws, to the person is eave, &C. 1 

CO'GNITOR. (Vid. Actio.) 

COGNO'MEN. (Vid. Nomen.) 

COHORS. (Vid. Army, Roman, p. 104.) 

*COIX (ko'l(), a species of Egyptian Palm-tree, 
of the leaves of which matting and baskets were 
made. Stackhouse sets it down for the Co'ix lach- 
ryma Jobi. Bauhin mentions that some had taken 
it for a species of Lithospermum. The term icvaac. 
in Theophrastns, out of which some would make 
the Cycas revoluta, or Japanese Sago-palm, is mere- 
ly the accusative plural for Koimc, from noli;, just 
as some read cycas for co'icas in Pliny. 3 

*COL'CHICUM (ko%xm6v), the Meadow Saffron, 
or Colchicum Autumnale. Pliny 3 merely mentions 
it as a poisonous plant, but Alexander of Tralles, a 
physician of the sixth century, prescribes it in cases 
of gout, in which, as also in the rheumatism and 
neuralgic affections, it is still found a valuable med- 
icine at the present day. The celebrated specific 
for gout, known by the name of Eau Medicinale 
d 'Hyssop, is said to be the vinous infusion of Col- 
chicum. Indeed, the^vinous infusion of this plant 
has been recommended in cases of gout by Sir 
Everard Home. It very rarely fails in such com- 
plaints to break up the paroxysm, sometimes acting 
on the bowels, at other times on the kidneys and 
skin, and often without any apparent accompanying 
effect. It is but right to state, however, that the 
most judicious writers on gout consider it a danger- 
ous medicine ultimately.* (Vid. Ephemeron and 
Hermodactylus.) 

COLLA'TIO BONO'RUM. (Vid. BonorumCol- 

&ATIO.) 

COLLE'GIUM. The persons who formed a col- 
legium were called collegae or sodales. The word 
collegium properly expressed the notion of several 
persons being united in any office or for any com- 
mon purpose , 5 it afterward came to signify a body 
of persons, and the union which bound them togeth- 
er. The collegium was the iratpla of the Greeks. 

The legal notion of a collegium was as follows : 
A collegium or corpus, as it was also called, must 
consist of three persons at least. 6 Persons who 
legally formed such an association were said corpus 
habere, which is equivalent to out phrase of being 
incorporated ; and in latei times they were said to 
be corporati, and the body was called a corporatio. 

1. (Hugo, Lehrbuch, &c. — Marezoll, Lehrbuch, &c. — Dig-. 38, 
tit. 10, De Gradibus, &c— Ulp., Frag., cd. Booking.)— 2. (Theo- 
phrast., H. P., i., 16 ; ii., 8.— Plin., H. N., xiii., 4.— Billerbeck, 
Flora Classica, p. 228.)— 3. (H. N., xxviii., 9.) — 4. (Macauley, 
Med. Diet., p. 137.)— 5. (Liv., x., 13, 22.— Tacit Ann., iii., 
31 ^—6. (Dig. 50, tit. 16, s. 85.) 
278 



Those who farmed the public revenues, mines, u: 
salt-works (salince) might have a corpus. The 
power of forming such a collegium or societas (for 
this term also was used) was limited by various 
leges, senatus consulta, and imperial constitutions.' 
Associations of individuals, who were entitled to 
have a corpus, could hold property in common ; 
they could hold it, as the Roman jurists remark, 
just as the state held property (res communes). 
These collegia had a common chest, and could sue 
and be sued by their syndicus or actor. Such a 
body, which was sometimes also called a universi- 
tas, was a legal unity. That which was due to the 
body was not due to the individuals of it, and that 
which the body owed was not the debt of the indi- 
viduals. The common property of the body was 
liable to be seized and sold for the debts of the 
body. The collegium or universitas was governed 
by its own regulations, which might be any regula- 
tions that the body agreed upon, provided they were 
not contrary to law: this. provision, as Gaius con- 
jectures, 2 was derived from a law of Solon, which 
he quotes. The collegium still subsisted, though all 
the original members were changed : it had, as our 
law expresses it, perpetual succession. Thus it ap- 
pears that the notion of a collegium is precisely that 
of our modern incorporations, the origin of which is 
clearly traceable to these Roman institutions. . 

A lawfully constituted collegium was legitimum. 
Associations of individuals, which affected to act as 
collegia, but were forbidden by law, were called 
illicita. 

It does not appear how collegia were formed, ex- 
cept that some were specially established 3 by legal 
authority.* Other collegia were probably formed 
by voluntary associations of individuals, under the 
provisions of some general legal authority, such as 
those of the publicani. This supposition would ac- 
count for the fact of a great number of collegia 
being formed in the course of time, and many of 
them being occasionally suppressed as not legitima 

Some of these corporate bodies resembled our 
companies or guilds ; such were the fabrorum, pis- 
torum, &c, collegia. Others were of a religious 
character ; such as the pontificum, augurum, fra- 
trum arvalium collegia. Others were bodies con- 
cerned about government and administration ; as 
tribunorum plebis, 5 quaestorum, decurionum colle- 
gia. The titles of numerous other collegia may be 
collected from the Roman writers and from inscrip- 
tions. 

According to the definition of a collegium, the 
consuls, being only two in number, were not a colle- 
gium, though each was called collega with respect 
to the other, and their union in office was called 
collegium. It does not appear that the Romans 
ever called the individual who, for the time, filled 
an office of perpetual continuance, a universitas or 
collegium : a kind of contradiction in terms, which 
it has been reserved for modern times to introduce, 
under the name of a corporation sole. But the no- 
tion of a person succeeding to all the property and 
legal rights of a predecessor was familiar to the 
Romans in the case of a heres, who was said to 
take per universitatem, and the same notion, no 
doubt, always existed with respect to individuals 
who held any office in perpetual succession. 

According to Ulpian, a universitas, though re- 
duced to a single member, was still considered a 
universitas ; for the individual possessed all the 
rights which once belonged to the body, and the 
name by which it was distinguished. 

When a new member was taken into a collegi- 



1. (Dig. 3, tit. 4.)— 2. (Dig. 47, tit. 22.)-3. (Liv., v., 50. 52.) 
(Liv., v., 50, 52.— Suet , Ju 1 , 42— Octav., 32.— Dig. 3, tit 
4, s. 1.)— 5. (Liv., 42, 32.) 



COLOCASIA. 



COLONIA. 



am, he was said co-optari, and the old memhers 
were said with respect to him, recipere in collegium. 
The mode of filling up vacancies would vary in dif- 
ferent collegia. The statement of their rules be- 
longs to the several heads of Augur, &c, which 
are treated of in this work. 

Civitates, and res publicae (civil communities), and 
municipia (in the later sense of the term) were 
viewed, in a manner, as corporations, though they 
• were not so called : they could have property in 
common, and in some respects act as corporations; 
but they do not seem ever to have been legally con- 
sidered as corporations, because they consisted of 
an indeterminate number of individuals. 

According to Pliny, 1 res publicae and municipia 
could not take as heres ; and the reason given is, 
that they were a corpus incertum, and so could not 
centre heredilalcm ; that is, do those acts which a 
heres must do in order to show that he consents to 
be a heres. TJniversitates, generally, are also con- 
sidered by modern writers to be within this rule, 
though they are clearly not within the reason of it ; 
for a collegium, which consisted of a determined 
number of individuals, was no more a corpus incer- 
tum than any other number of ascertained individu- 
als, and all that could possibly be required of them 
would be the consent of all. Municipia could, how- 
ever, acquire property by means of other persons, 
whether bond or free ; 2 and they could take fidei- 
commissa under the senatus consultum Aproniaunm 
which was passed in the time of Hadrian, and ex- 
tended to licita collegia in the time of M. Aurelius.* 
By another senatus consultum, the liberti of munici- 
pia might make the municipes their heredes." The 
gods could not be made heredes, except such deites 
as possessed this capacity by special senatus con- 
sulta or imperial constitutions, such as Jupiter Tar- 
peius, etc.* By a constitution of Leo, 5 civitates 
eould take property as heredes. In the time of 
Pa»ilus (who wrote between the time of Caracalla 
and Alexander Severus), civitates could take lega- 
cies of particular kinds. 

Though civitates within the Roman Empire could 
not receive gifts by will, yet independent states 
could receive gifts in that way, a case 6 which fur- 
nishes no objections to the statement above made 
by Pliny and Ulpian. In the same way, the Roman 
state accepted the inheritance of Attalus, king of 
Pergamus, a gift which came to them from a for- 
eigner. The Roman lawyers considered such a 
gift to be accepted by the jus gentium. 

*COLOCA'SIA and -IUM (Koloxaoia and -lov), 
the edible root of the Egyptian Bean (nvafioc 6 ki- 
yi-TLoc). It grew, according to Dioscorides, 7 chiefly 
in Egypt, but was found also in the lakes of Asia. 
" It has leaves," says the same authority, "as large 
as a petasus ; a stalk a cubit in length, and of the 
thickness of a finger ; a rosaceous flower twice as 
large as a poppy. When the flower goes off, it bears 
husks like little bags, in which a small bean appears 
beyond the lid, in the form of a bottle, which is 
called ciborion or cibotion (ia6upiov fj kc6cjtiov), i. e., 
a little coffer or ark, because the bean is sown on 
the moist earth, and so sinks into the water. The 
root is thicker than a reed ; it is eaten both raw 
and boiled, and is called Colocasia. The bean is eat- 
en green, and when it is dried it turns black, and is 
larger than the Greek Bean." 8 Theophrastus, in 
the account which he gives of the Egyptian Bean, 
does not in the least hint, as Martyn remarks, that 
any part of the plant was called Colocasia ; Pliny, 9 
however, agrees with Dioscorides in making them 



1. (Ep., v.. 7.— Ulp., Frag., tit. 22, s. 5.)— 2. (Dig. 41, tit. 2, 
s. 1, $ 22.)— 3. (Dig. 34, tit. 5, s. 21.)— 4. (Ulp., Fragm., tit. 22, 
r. t>.)-5. (Cod. C. tit. 24, s. 12.)— 6. (Tacit., Ann., iv., 43.)— 7. 
fti 126.)— 8. ill. P.. iv . 4.)— 9. (II. N., xxi., 15.) 



the same. He mentions the stalk as the part thai 
is eaten ; says the Egyptians used the leaves to 
drink out of; and adds, that in his time it was plant- 
ed in Italy. " Prosper Alpinus, in his work De 
Plantis Mgypti, assures us that the modern JEgyp 
tian name of this plant is Culcas, which the Greek 
writers might easily change to the more agreeable 
sound of Colocasia. He says no plant is bettei 
known, or is in more use among them, the root of 
it being eaten as commonly as turnips among us. 
The Colocasia began to be planted in Italy in Vir- 
gil's time ; and when the fourth Eclogue of that 
poet (in which mention is made of it) was written, 
it was a rarity newly brought from ^Egypt, and 
therefore the Mantuan bard speaks of its growing 
commonly in Italy as one of the glories of the gold- 
en age which was now expected to return." 1 For 
farther information respecting the Colocasia, the 
reader is referred to Fee's Flore de Virgile. Ac- 
cording to this last-mentioned writer, the ancients 
frequently confounded the Nymphaa Lotus and the 
Arum Colocasia under the common name of Coloca- 
sium. 

*COLOCYNTHE (noloKvvdri, -6a, and-r??), the 
Gourd. ; ' Even in the days of Athenaeus," 2 says 
Adams, " the savans complained of the difficulty of 
distinguishing the summer fruits from one another, 
owing to the confusion of names which had taken 
place among the authors who had treated of them. 
Thus Nicander applied the term acKva to what was 
the KoAoKvvfia of later writers ; and it is farther de- 
serving of remark, that Galen applies the term cik- 
voc to the KohoKwda of Dioscorides, i. e., to the Cu- 
cumis sativus, or common Cucumber, and, conse- 
quently, his (Galen's) koIouvvOt] was the Cucurbita, 
or Gourd. In this sense I am inclined to think the 
terms ciavoc and ko?*okvv6t} are generally used by 
the writers on Dietetics, namely, the former is the 
Cucumber, and the latter the Gourd of English gar- 
deners. 3 Theophrastus did not define accurately 
the character of his koXokvvOtj, and, indeed, accord- 
ing to Athenaeus, he described several species of it. 
I can scarcely believe, however, that he generally 
applied it to the Cucumis Colocynthis, i. e., the Col- 
oquintida, or Bitter Apple, as Stackhouse repre- 
sents." 1 ' 

•COLOCYNTHIS (Kolonwdic), I. The Bitter 
Apple (Coloquintida). or Cucumis C tocynthis. 5 — II. 
The common Cucumber, or Cucumis sativus. 6 

*COLIAS (noliac), the name of a small Fish, 
mentioned by Pollux, Aristotle, Athenaeus, and 
.-Elian. It would appear to have been a variety of 
the Mackerel, or Scomber scomber." 1 

*COLOIOS {noloioe). {Vid. Graculus.) 
COLO'NI. {Vid. Prjedium.) 
COLO'NIA. This word contains the same ele- 
ment as the verb colere, " to cultivate," and as the 
word colonus, which probably originally signified a 
" tiller of the earth." The English word colony, 
which is derived from the Latin, perhaps expresses 
the notion contained in this word more nearly than 
is generally the case in such adopted terms. 

A kind of colonization seems to have existed 
among the oldest Italian nations, who, on certain 
occasions, sent out their superfluous male popula- 
tion, with arms in their hands {iepa veorrjc), to seek 
for a new home. 8 But these were, apparently, mere 
bands of adventurers, and such colonies rather re- 
sembled the old Greek colonies than those by which 
Rome extended her dominion and her name. 

Colonies were established by the Romans as faT 
back as the annals or traditions of the city extend, 

1. (Virgil, Eclog.. iv., 20.— Martyn, ad lcc.)— 2. (ix., c. 14.)— 
3. (Adams, Commentary on Paul of ^Etrina, p. 103.) — 4 (Ad- 
ams, Append., s. v.) — 5. (Dioscor., jv., 175. — Galen, De Simpl, 
vii.) — 6. (Hippocr., Affect.) — 7. (Adams, Append., s. v.) — 8 
I (Dionys. Hal., Antiq. Rom., i., 16.) 

279 



COLONIA. 



COLONIA 



and the practice was continued, without intermis- 
sion, during the Republic and under the Empire. 
Sigonius 1 enumerates six main causes or reasons 
which, from time to time, induced the Romans to 
send out colonies ; and these causes are connected 
with many memorable events in Roman history. 
Colonies were intended to keep in check a conquer- 
ed people, and also to repress hostile incursions, as 
in the case of the colony of Narnia, 2 which was 
founded to check the Umbri ; and Minturnse and 
Sinuessa, 3 Cremona and Placentia, 4 which were 
founded for similar purposes. Cicero 5 calls the 
old Italian colonies the " propugnacula imperii ;" 
and in another passage 6 he calls Narbo Martius 
(Narbonne), which was in the provincia Gallia, 
" Colonia nostrorum civium, specula populi Romani 
et propugnaculum." Another object was to in- 
crease the power of Rome by increasing the popu- 
lation. 7 Sometimes the immediate object of a col- 
ony was to carry off a number of turbulent and dis- 
contented persons. Colonies were also established 
for the purpose of providing for veteran soldiers, a 
practice which was begun by Sulla, and continued 
under the emperors : these colonise were called mil- 
itares. 

It is remarked by Strabo, 8 when speaking of the 
Roman colonies in the north of Italy, that the an- 
cient names of the places were retained, and that, 
though the people in his time were all Roman, they 
were called by the names of the previous occupiers 
of the soil. This fact is in accordance with the 
character of the old Roman colonies, which were 
in the nature of garrisons planted in conquered 
towns, and the colonists had a portion of the con- 
quered territory (usually a third part) assigned to 
them. The inhabitants retained the rest of their 
lands, and lived together with the new settlers, who 
alone composed the proper colony. 9 The conquer- 
ed people must at first have been quite a distinct 
class from, and inferior to, the colonists. The defi- 
nition of a colonia by Gellius 10 will appear, from what 
has been said, to be sufficiently exact : " Ex civitatc 
quasi propagatcz — populi Romani quasi effigies parvcz 
iimulacraqut.' 1 '' 

No colonia was established without a lex, plebis- 
citum, or senatus consultum ; a fact which shows 
that a Roman colony was never a mere body of ad- 
venturers, but had a regular organization by the pa- 
rent state, ac wording to an ancient definition quo- 
ted by Niebuhr, 11 a colony is a body of citizens, or 
socii, sent out to possess a commonwealth, with the 
approbation of their own state, or by a public act of 
that people to whom they belong; and it is added, 
those are colonies which are founded by public act, 
not by any secession. Many of the laws which re- 
late to the establishment of coloniae were leges agra- 
rian, or laws for the division and assignment of pub- 
lic lands, of which Sigonius has given a list in his 
work already referred to. 

When a law was passed for founding a colony, 
persons were appointed to superintend its forma- 
tion (co.oniam deducere). These persons varied in 
number, but three was a common number (trium- 
viri ad colonos deducendos 12 ). We also read of du- 
umviri, quinqueviri, vigintiviri for the same pur- 
pose. The law fixed the quantity of land that was 
to be distributed, and how much was to be assigned 
to each person. No Roman could be sent out as a 
colonist without his free consent, and when the 
colony ^as not an inviting one, it was difficult to 
fill up the number of volunteers. 13 



1 (De Antiquo Jure Italiae, p. 215, &c.) — 2. (Liv., x., 10.) — 
3. (x., 21.)— 4. (xxxvii., 46.)— 5. (2 De Leg. Agr., c. 27.)— 6. 
(Pro Font., c. 1.)— 7. (Liv., xxvii., 9.)— 8. (p. 210, ed. Casaub.) 

-9. (Dionys., Antiq. Roman., ii., 53.) — 10. (xvi., 13.) — 11. (Serv. 
ad JEa., i., 12.)— 12. (Liv., xxxvn., 46.)— 13. (Liv., x., 21.) 
2^0 



Roman citizens who were willing to go out as 
membeis of a colony gave in their names at Rome. 
Cicero 1 says that Roman citizens who chose to 
become members of a Latin colony must go volun- 
tarily (auclores facti), for this was a capitis deminu- 
tio ; and in another passage 8 he adeges the fact ot 
Roman citizens going out in Latin colonies as a 
proof that loss of civitas must be a voluntary act. 
it is true that a member of a Roman colony would 
sustain no capitis deminutio, but in this case, also, 
there seems no reason for supposing that he evei 
joined such a colony without his consent. 

The colonia proceeded to its place of destination 
in the form of an army (sub vexillo), which is indi- 
cated on the coins of some colonian. An urbs, if 
one did not already exist, was a necessary part of 
a new colony, and its limits were marked out by a 
plough, which is also indicated on ancient coins. 
The colonia had also a territory, which, whether 
marked out by the plough or not, 3 was at least 
marked out by metes and bounds. Thus the urbs 
and territory of the colonia respectively corre- 
sponded to the urbs Roma and its territory. Reli- 
gious cerpmonies always accompanied the founda- 
tion of th»> colony, and the anniversary was after 
ward observed. It is stated that a colony could 
not be sent out to the same place to which a colon} 
had already been sent in due form (auspicato deduc- 
ta). This merely means that, so long as the colony 
maintained its existence, there could be no new 
colony in the same place ; a doctrine that would 
hardly need proof, for a new colony implied a new 
assignment of lands ; but new settlers (novi adscrip- 
ti) might be sent to occupy colonial lands not al- 
ready assigned.* Indeed, it was not unusual for a 
colony to receive additions ;f and a colony might 
be re-established, if it seemed necessary from any 
cause ; and under the emperors such re-establish- 
ment might be entirely arbitrary, and done to gratify 
personal vanity, or from any other motive. 6 

The commissioners appointed to conduct the col- 
ony had apparently a profitable office, and the es- 
tablishment of a new settlement gave employment 
to numerous functionaries, among whom Cicero 
enumerates apparitores, scribae, librarii, praecones, 
architecti. The foundation of a colony might then, 
in many cases, not only be a mere party measure, 
carried for the purpose of gaining popularity, but it 
would give those in power an opportunity of provi 
ding places for many of their friends. 

A colonia was a part of the Roman state, and it 
had a respublica ; but its relation to the parent state 
might vary. In Livy 7 the question was, whether 
Aquileia should be a colonia civium Romanorum or 
a Latina colonia ; a question that had no reference 
to the persons who should form the colony, but to 
their political rights with respect to Rome as mem- 
bers of tne colony. The members of a Roman col- 
ony (colonia civium Romanorum) must, as the term 
itself implies, have always had the same rights, 
which, as citizens, they w 7 ould have had at Rome. 
They were, as Niebuhr remarks, in the old Roman 
colonies, " the populus ; the old inhabitants, the 
commonalty." These two bodies may, in course 
of time, have frequently formed one ; but there 
could be no political union between them till the old 
inhabitants obtained the commercium and connubi- 
um, in other words, the civitas ; and it is probable 
that, among the various causes which weakened 
the old colonies, and rendered new supplies of col- 
onists necessary, we should enumerate the want of 
Roman women ; for the children of a Roman were 

1. (Pro Dom., c. 30.)— 2. (Pro C<ecin., 33.)— 3. (Cic, Phil., 
ji. 5 40.)— 4. (Cic, Phil., ii., 40.)— 5. (Tacit., Ann., xiv., 27.)— 
6. (Tacit., Ann., xiv., 27, Puteoli ; and tho *H;te -n Ob«jrIia'« 
Tacitus.) — 7. (xxxix., 55.) 



COLONIA 



COLOi.JA. 



not Roman citizens unless his wife was a Roman, 
or unless she belonged to a people with which there 
was connubium. 

It is important to form a precise notion of the re- 
lation of an ancient Roman colonia to Rome. That 
the colonists, as already observed, had all the rights 
of Roman citizens, is a fact capable of perfect dem- 
onstration ; though most writers, following Sigoni- 
us, have supposed that Roman citizens, by becoming 
members of a Roman colony, lost the suffragium 
and honores, and did not obtain them till after the 
passing of the Julian law. Such an opinion is in- 
consistent with the notion of Roman citizenship, 
which was a personal, not a local right ; and it is 
also inconsistent with the very principle of Roman 
polity apparent in the establishment of Roman col- 
onies. Farther, the loss of the suffragium and 
honores would have been a species of capitis demi- 
nutio ; aud it is clear, from what Cicero says of the 
consequences of a Roman voluntarily joining a Latin 
colony, tint no such consequences resulted from 
becoming .1 member of a Roman colony. If a Ro- 
man ever became a member of a Roman colony 
without bin consent, it must have been in the early 
ages of thr? state, when the colonies still retained 
their garrison character, and to join a colony was a 
kind of military service ; but such a duty to protect 
the state, instead of implying any loss of privilege, 
justifies quite a different conclusion. 

It is somewhat more difficult to state what was 
the condition of those conquered people among 
whom the Romans sent their colonists. They 
were not Roman citizens, nor yet were they socii ; 
still they were, in a sense, a part of the Roman 
state, a'id in a sense they were cives, though cer- 
tainly they had not the suffragium, and, perhaps, 
originally not the connubium. It is probable that 
they had the commercium, but even this is not cer- 
tain. They might be a part of the Roman civitas 
without being cives, and the difficulty of ascertain- 
ing their precise condition is increased by the cir- 
cumstance of the word civitas being used loosely 
by the Rorian writers. If they were cives in a 
sense, this word imported no privilege ; for it is 
certain that, by being incorporated in the Roman 
state as a conquered people, they lost all power of 
administering their own affairs, and obtained no 
share in the administration of the Roman state ; 
they had not the honourable rank of socii, and they 
were subject to military service and taxation. They 
lost all jurisd sctio, and it is probable that they were 
brought entirely within the rules and procedure of 
the Roman law, so far as that was practicable. 
Even the commercium and connubium with the 
people of their own stock were sometimes taken 
from them, 1 and thus they were disunited from their 
own nation, and made a part of the Roman state. 
So far, then, was the civitas (without the suffragi- 
um) from being always a desirable condition, as 
some writers have supposed, that it was, in fact, 
the badge of servitude ; and some states even pre- 
ferred their former relation to Rome to being in- 
corporated with it as complete citizens. It appears 
that, in some cases at least, a praefectus juri dicun- 
do was sent from Rome to administer justice among 
the conquered people, and between them and the 
coloni. It appears, also, to be clearly proved, by 
numerous instances, that the condition of the con- 
quered people among whom a colony was sent was 
not originally always the same ; something depend- 
ed on the resistance of the people, and the temper 
of the Romans at the time of the conquest or sur- 
render. Thus the conquered Italian towns might 
originally have the civitas in different degrees, until 
they finally obtained the complete civitas by receiv- 



ing the suffragium ; some of them obtained it befuif 
the social war, and others by the Julian law. 

The nature of a Latin colony will appear suffi- 
ciently from what is said here, and in the article 
Civitas. 

Besides these coloniae there were colonise Italic) 
juris, as some writers term them; but which, in 
fact, were not colonies. Sigonius, and most sub- 
sequent writers, have considered the jus Italicum 
as a personal right, like the civitas and Latinitas ; 
but Savigny has shown it to be quite a different 
thing. The jus Italicum was granted to favoured 
provincial cities ; it was a grant to the community, 
not to the individuals composing it. This right 
consisted in quiritarian ownership of the soil (com- 
mercium), and its appurtenant capacity of mancipa- 
tio, usucapion, and vindicatio, together with freedom 
from taxes ; and also in a municipal constitution, 
after the fashion of the Italian towns, with duum- 
viri, quinquennales, aediles, and a jurisdictio. Many 
provincial towns, which possessed the jus Italicum, 
have on their coins the figure of a standing Silenus, 



Xx 



I. (Liv., ix., 43 ; viii., 14.) 





IMP. II. IYI,. PUIL1PP. JEL. MVXICIP. CO. 

Philip, A.D. 243-249. Coela or Ccelos (Plm., 

iv, 11, 12) in theThra- 
cian Chersonesus. 

with the hand raised, which was the peculiur sym- 
bol of municipal liberty. Pliny 1 has mentioned 
several towns that had the jus Italicum ; and Lug- 
dunum, Vienna (in Dauphine), and colonia Agrippi- 
nensis had this privilege. It follows, from the nature 
of this privilege, that towns which had the Latinitas 
or the civitas, which was a personal privilege, 
might not have the jus Italicum ; but the towns 
which had the jus Italicum could hardly be any 
other than those which had the civitas or Latinitas, 
and we cannot conceive that it was ever given to a 
town of Peregrini. 

The colonial system of Rome, which originated 
in the earliest ages, was peculiarly well adapted to 
strengthen and extend her power : " By the colo- 
nies the empire was consolidated, the decay of 
population checked, the unity of the nation and of 
the language diffused." 2 The countries which the 
Romans conquered within the limits of Italy were 
inhabited by nations that cultivated the soil and had 
cities. To destroy such a population was not pos- 
sible nor politic ; but it was a wise policy to take 
part of their lands, and to plant bodies of Roman 
citizens, and also Latinae coloniae, among the con- 
quered people. The power of Rome over her col- 
onies was derived, as Niebuhr has well remarked, 
" from the supremacy of the parent state, to which 
the colonies of Rome, like sons in a Roman family, 
even after they had grown to maturity, continued 
unalterably subject." In fact, the notion of the 
patria potestas will be found to lie at the foundation 
of the institutions of Rome. 

The difficulty which the Republic had in main- 
taining her colonies, especially in the north of Italy, 
appears from numerous passages; and the difficulty 
was not always to protect them against hostile ag- 
gression, but to preserve their allegiance to tho 
Roman state. The reasons of this difficulty will 
sufficiently appear from what has been said. 

1. (iii., 3 and 21.)— 2. (MachiavelJi. qu' <d by Niebuhr.) 

281 



COLONIA. 



COLONIA. 



The principles of the system of colonization were 
fully established in the early ages of Rome ; but the 
eolonies had a more purely military character, that 
is, were composed of soldiers, in the latter part of 
the Republic and under the earlier emperors, at 
which time, also, colonies began to be established 
beyond the limits of Italy, as in the case of Nar- 
bonne, already mentioned, and in the case of Ne- 
mausus (Nimes), which was made a colony by 
Augustus, an event which is commemorated by 
medals, 1 and an extant inscription at Nimes. In 
addition to the evidence from written books of the 
numerous colonies established by the Romans in 
Italy, and subsequently in all parts of the Empire, 
we have the testimony of medals and inscriptions, 




in which COL., the abbreviation of colonia, indi- 
cates this fact. The prodigious activity of Rome 
in settling colonies in Italy is apparent from the list 
given by Frontinus, 2 most of which appear to have 
been old towns, which were either walled when 
the colon/ was founded, or strengthened by new 
defences. 

Colonies were sometimes established under the 
Empire with circumstances of great oppression, and 
the lands were assigned to the veterans without 
strict regard to existing rights. 

Under the emperors, all legislative authority being 
t K en virtually in them, the foundation of a colony 
was an act of imperial grace, and often merely a 
title of honour conferred on some favoured spot. 
Thus M. Aurelius raised to the rank of colonia the 
email town (vicus) of Halale, at the foot of Taurus, 
where his wife Faustina died. 3 The old military 
colonies were composed of whole legions, with their 
tribunes and centurions, who, being united by mu- 
tual affection, composed a political body (respublica) ; 
and it was a complaint in the time of Nero, that 
soldiers, who were strangers to one another, with- 
out any head, without any bond of union, were 
suddenly brought together on one spot, " numerus 
magis quam colonia" 4. And on the occasion of the 
mutiny of the legions in Pannonia, upon the acces- 
sion of Tiberius, it was one ground of complaint, 
that the soldiers, after serving thirty or forty years, 
were separated, and dispersed in remote parts ; 
where they received, under the name of a grant of 
lands (per nomen agrorum), swampy tracts and bar- 
ren mountains. 5 

It remains briefly to state what was the internal 
constitution of a colonia. 

In the later times of the Republic, the Roman 
state consisted of two distinct organized parts, 
Italy and the Provinces. " Italy consisted of a 
great number of republics (in the Roman sense of 
the term), whose citizens, after the Italian war, be- 
came members of the sovereign people. The com- 
munities of these citizens were subjects of the Ro- 
man people, yet the internal administration of the 
communities belonged to themselves. This free 
municipal constitution was the furdamental char- 
acteristic of Italy ; and the same remark will apply 
so both principal classes of such constitutions, rau- 
nicipia and colonise. That distinction which made 



1. (Rascfce, Lexicon Rei Numariae.)— 2. (De Colcmiis.)— 3. 
(Jul. Capitol., M. Ant. Philos., c. 26.) — 4. (Tacit., Ann., xiv., 
V \—b. (Tacit., Ann., i., 17.) 
282 



a j 'lace into a praefectura is mentioned afterward . 
and fora, concdiabula, castella, are merely smallei 
communities, with an incomplete organization." 1 
As in Rome, so in the colonies, the popular assem- 
bly had originally the sovereign power ; they chose 
the magistrates, and could even make laws. 8 When 
the popular assemblies became a mere form in 
Rome, and the elections were transferred by Tiberi- 
us to the senate, the same thing happened in the 
colonies, whose senates then possessed whatever 
power had once belonged to the community. 

The common name of this senate was ordo de- 
curionum ; in later times, simply ordo and curia ; 
the members of it were decuriones or curiales 
Thus, in the later ages, curia is opposed to senatus, 
the former being the senate of a colony, and the 
latter the senate of Rome. But the terms senatus 
and senator were also applied to the senate and 
members of the senate of a colony, both by histori- 
ans, in inscriptions, and in public records ; as, foi 
instance, in the Heracleotic Tablet, which contain- 
ed a Roman lex. After the decline of the popular 
assemblies, the senate had the whole internal ad- 
ministration of a city, conjointly with the magistra- 
tus ; but only a decurio could be a magistratus, and 
the choice was made by the decuriones. Augustus 
seems to have laid the foundation for this practical 
change in the constitution of the colonies in Italy. 
All the citizens had the right of voting at Rome, 
but such a privilege would be useless to most of the 
citizens, on account of their distance from Rome. 
Augustus 3 devised a new method of voting : the de- 
curiones sent the votes in writing, and under seal, 
to Rome ; but the decuriones only.voted. Though 
this was a matter of no importance after Tiberius 
had transferred the elections at Rome from the pop 
ular assemblies to the senate, this measure of Au- 
gustus would clearly prepare the way for the pre- 
eminence of the decuriones, and the decline of tht 
popular power. 

The highest magistratus of a colonia were tl>v 
duumviri* or quattuorviri, so called, as the number*; 
might vary, whose functions may be compared witt 
those of the consulate at Rome before the establish- 
ment of the praetorship. The name duumviri seem? 
to have been the most common. Their principal 
duties were the administration of justice, and, ac- 
cordingly, we find on inscriptions " Duumviri J. D." 
( juri dicundo), " Quattuorviri J. D." They wero 
styled magistratus pre-eminently, though the name 
magistratus was properly and originally the most 
general name for all persons who filled similar situ- 
ations. The name consul also occurs in inscrip- 
tions to denote this chief magistracy; and even 
dictator and praetor occur under the Empire and un- 
der the Republic. The office of the duumviri lasted 
a year. Savigny shows that under the Republic the 
jurisdictio of the duumviri in civil matters was un 
limited, and that it was only under the Empire that 
it was restricted in the manner which appears from 
the extant Roman law. 

In some Italian towns there was a praefectus juri 
dicundo ; he was in the place of, and not coexistent 
with, duumviri. The duumviri were, as ^e have 
seen, originally chosen by the people ; out the pra> 
fectus was appointed annually in Rome, 5 and sen* 
to the town called a praefectura, which might be ej 
ther a municipium or a colonia, for it was only in 
the matter of the praefectus that a town called a 
praefectura differed from other Italian towns. Ar 
pinum is called both a municipium and a praefectu- 
ra ; 6 and Cicero, a native of this place, obtained the 
highest honours that Rome could confer. 



1. (Savigny.)— 2. (Cic.,De Leg., iii., 10.)— 3. (Sueton., «:.46.) 
(Cic, Agr. Leg., ii., 34.)— 5. (Liv., xxvi., 10.) — 6. (de. 
En ad Fain., xiii., 11.— Festus, s. v. Priefectura.) 



COLONIA. 



COiONlA. 



The censor, curator, or quinquennalis, all which 
names denote the same functionary, was also a mu- 
nicipal magistrate, and corresponded to the censor 
at Rome, and in some cases, perhaps, to the quaes- 
tor also. Censors are mentioned in Livy 1 as ma- 
gistrates of the twelve Latin colonies. The quin- 
quennales were sometimes duumviri, sometimes 
quattuorviri ; but they are always carefully distin- 
guished from the duumviri and quattuorviri J. D. ; 
and their functions are clearly shown by Savigny to 
have been those of censors. They held their office 
for one year, and during the four intermediate years 
the functions were not exercised. The office of 
censor or quinquennalis was higher in rank than 
that of the duumviri J. D., and it could only be fill- 
ed by those who had discharged the other offices of 
the municipality. 

For a more complete account of the organization 
of these municipalities, and of their fate under the 
Empire, the reader is referred to an admirable chap- 
ter in Savigny, 2 from which the above brief notice 
is taken. 

The terms municipium and municipes require ex- 
planation in connexion with the present subject, and 
the explanation of them will render the nature of a 
praefectura still clearer. One kind of municipium 
was a body of persons who were not 3 Roman citi- 
zens, but possessed all the rights of Roman citizens 
except the suffragium and the honores. But the 
communities enumerated as examples of this kind 
of municipium are the Fundani, Formiani, Cumani, 
Acerrani, Lanuvini, and Tusculani, which were 
conquered states,* and received the civitas without 
the suffragium ; and all these places received the 
complete civitas before the social war, or, as Festus 
expresses it. " Post aliquot annos cives Romani ef- 
fecti sunt." It is singular that another ancient def- 
inition of this class of municipia says, that the per- 
sons who had the rights of Roman citizens, except 
the honores, were cives ; and among such commu- 
nities are enumerated the Cumani, Acerrani, and 
Atellani. This discrepancy merely shows that the 
later Roman writers used the word civis in a very 
loose sense, which we cannot be surprised at, as 
they wrote at a time when these distinctions had 
ceased. Another kind of municipium was, when a 
civitas was completely incorporated with the Roman 
state ; as in the case of the Anagnini, 5 Caerites, and 
Aricini, who completely lost all internal administra- 
tion of their cities ; while the Tusculani and Lanu- 
vini retained their internal constitution, and their 
magistrate called a dictator. A third class of mu- 
nicipia was those whose inhabitants possessed the 
full privileges of Roman citizens, and also the in- 
ternal administration of their own cities, as the Ti- 
burtes, Praenestini, Pisani, Urbinates, Nolani, Bo- 
nonienses, Placentini, Nepesini, Sutrini, and Lu- 
crenses (Lucenses'?). The first five of these were 
civitates sociorum, and the second five coloniae Lati- 
nae ; they all became municipia, but only by the ef- 
fect of the Julia Lex, B.C. 90. 

It has also been already said that a praefectura 
was so called from the circumstance of a praefectus 
J. D. being sent there from Rome. Those towns 
in Italy were called praefecturae, says Festus, " In 
quibus et jus dicebatur et nundinae agebantur, et 
erat quaedam earum respublica, neque tamen ma- 
gistratus suos habebant; in quas legibus praefecti 
mittebantur quotannis, qui jus dicerent." Thus a 
praefectura had a respublica, but no magistratus. 
He then makes two divisions of praefecturae. To 
the first division were sent four praefecti chosen at 
Rome (populi svffragio); and he enumerates ten 

1. (xxir., 15.)— 2. (Geschichte des Rom. Rechts, &c, i., ]6, 
&c.) — 3 (Festus, s. v. Municipium.) — 4. (Liv., viii., 14>-5 
Ih'y.. ii ,23.) 



places in Campania to which these quattuorviri 
were sent, and among them Cumae and Acerra, 
which were municipia; and Volturnum, Internum, 
and Puteoli, which were Roman colonies establish- 
ed after the second Punic war. The second divis- 
ion of praefecturae comprised those places to which 
the praetor urbanus sent a praefectus every year, 
namely, Fundi, Formiae, Caere, Venafrum, Allifae, 
Privernum, Anagnia, Frusino, Reate, Saturnia, Nur- 
sia, Arpinum, aliaque complura. Only one of them, 
Saturnia, was a colony of Roman citizens -, 1 the 
rest are municipia. It is the conclusion of Zumpt, 
that all the municipia of the older period, that is, 
up to the time when the complete civitas was giv- 
en to the Latini and the socii, were praefecturae, 
and that some of the colonies of Roman citizens 
were also praefecturae. Now as the praefectus was 
appointed for the purpose of administering justice 
(juri dicundo), and was annually sent from Rome, 
it appears that this was one among the many ad- 
mirable parts of the Roman polity for maintaining 
harmony in the whole political system by a uni- 
formity of law and procedure. The name praefec- 
tura continued after the year B.C. 90 ; but it 'seems 
that, in some places at least, this functionary ceas- 
ed to be sent from Rome, and various praefecturae 
acquired the privilege of having magistratus of their 
own choosing, as in the case of Puteoli, B.C. 63. 3 
The first class or kind of praefecti, the quattuorviri 
who were sent into Campania, was abolished by 
Augustus, in conformity with the general tenour of 
his policy, B.C. 13. After the passing of the Julia 
Lex de Civitate, the cities of the socii which receiv 
ed the Roman civitas still retained their internal 
constitution; but, with respect to Rome, were all 
included under the name of municipia : thus Tibur 
and Praeneste, which were Latinae civitates, then 
became Roman municipia. On the other hand, Bo- 
nonia and Luca, which were originally Latinae co- 
loniae, also became Roman municipia in consequence 
of receiving the Roman civitas, though they retain- 
ed their old colonial constitution and the name of 
colonia. Thus Cicero 3 could with propriety call 
Placentia a municipium, though in its origin it was 
a Latin colonia ; and in the oration Pro Sext* he 
enumerates municipia, coloniae, and praefecturae as 
the three kinds of towns or communities under 
which were comprehended all the towns of Italy. 
The testimony of the Heracleotic tablet is to the 
like effect ; for it speaks of municipia, coloniae, and 
praefecturae as the three kinds of places which had 
a magistratus of some kind, to which enumeration 
it adds fora and conciliabula, as comprehending all 
the kinds of places in which bodies of Roman citi 
zens dwelt. 

It thus appears that the name municipium, which 
originally had the meanings already given, acquired 
a narrower import after B.C. 90, and in this nar- 
rower import signified the civitates sociorum and 
coloniae Latinae, which then became complete mem 
bers of the Roman state. Thus there was then re 
ally no difference between these municipia and the 
coloniae, except in their historical origin, and in their 
original internal constitution. The Roman law pre- 
vailed in both. 

The following recapitulation may be useful : The 
old Roman colonies (civium Romanorum) were pla- 
ced in conquered towns, and the colonists continu- 
ed to be Roman citizens. These colonies were near 
Rome, and few in number. Probably some of the 
old Latinae coloniae were established by the Romans 
in conjunction with other Latin states (Antium) 
After the conquest of Latium, Latinae coloniae were 
established by the Romans in various parts of Italy. 

1. (Liv., xxxix., 55.)— 2. (Cic, De Leg. Agr., ii., c ?1.)— 3. 
(in Pis., c. 23.)— 4. (c. 14.) 

283 



COLONIA. 



COLONIA. 



These colonies should be distinguished from the 
colonies civium Romanorum, inasmuch as they are 
sometimes called colonies populi Romani, though 
they were not coloniae civium Romanorum. 1 Ro- 
man citizens who chose to join such colonies, gave 
up their civic rights for the more solid advantage of 
a grant of land. 

When Latin colonies began to be established, few 
Roman colonies were founded until after the close 
of the second Punic war (B.C. 201), and these few 
were chiefly maritime colonies (Anxur, &c). These 
Latin colonies were subject to and part of the Ro- 
man state ; but they had not the civitas : they had 
no political bond among themselves ; but they had 
the administration of their internal affairs. As to 
the origin of the commercium, Savigny's conjecture 
has been already stated. (Vid. Civitas.) The col- 
onies of the Gracchi were Roman colonies ; but 
their object, like that of subsequent Agrarian laws, 
was merely to provide for the poorer citizens : the 
old Roman and the Latin colonies had for their ob- 
ject the extension and conservation of the Roman 
Empire in Italy. After the passing of the Lex Julia, 
which gave the civitas to the socii and the Latin 
colonies, the object of establishing Roman and Latin 
colonies ceased ; and military colonies were thence- 
forward settled in Italy, and, under the emperors, 
in the provinces. These military colonies had the 
civitas, such as it then was ; but their internal or- 
ganization might be various. 

It would require more space than is consistent 
with the limits of this work to attempt to present 
anything like a complete view of this interesting 
subject. The following references, in addition to 
those already given, will direct the reader to abun- 
dant sources of information : Sigonius, De Jure An- 
tiquo, &c. ; Niebuhr, Roman History ; Savigny, Ue- 
ber das Jus Italicum, Zeitschr., vol. v. ; Tabula He- 
racleenses. Mazochi, Neap., 1754; Savigny, Der Ro- 
mische Volksschluss der Tafel von Heraclea; and 
RudorfF, Ueber die Lex Mamiliade Coloniis, Zeitsch., 
vol. ix. ; Rudorff, Das Ackergesetz von Sp. Thorius, 
and Puchta, Ueber den Inhalt der Lex Rubria de Gal- 
lia Cisalpina, Zeitschr., vol. x. 

Since this article was written, and after part of 
it was printed, the author has had the opportunity 
of reading two excellent essays : De Jure et Con- 
dicione Coloniarum Poputi Romani Quastio historica, 
Madvigii Opuscula, Haunice, 1834 ; and Ueber den 
Unterschied den Benennungen Municipium, Colonia, 
Prafectura, Zumpt, Berlin, 1840. With the help 
of these essays, he has been enabled to make some 
important additions. But the subject is incapable of 
a full exposition within narrow limits, as the his- 
torical order is to a certain extent necessary, in or- 
der to present a connected view of the Roman co- 
lonial system. The essay of Madvig has establish- 
ed beyond all dispute several most important ele- 
ments in this inquiry ; and, by correcting the errors 
of several distinguished writers, he has laid the 
foundation of a much more exact knowledge of this 
part of the Roman polity. 

Greek Colonies. The usual Greek words for a 
colony are anointa and nlnpovxia. The latter word, 
which signified a division of conquered lands among 
Athenian citizens, and which corresponds in some 
respects to the Roman colonia and our notions of a 
modern colony, is explained in the article Cle- 
suchi. 

The earlier Greek colonies, called unoudci, were 
usually composed of mere bands of adventurers, 
who left their native country, with their families 
and property, to seek a new home for themselves. 
Some of" the colonies, which arose in consequence 
of foreign invasion or civil wars, were undertaken 



284 



1. (Liv., xzrii,, 9 ; xxix., 15.) 



without any formal consent from the rest of the 
community ; but usually a colony was sent out with 
the approbation of the mother-country, and under 
the management of a leader (oikkttt/c) appointed by 
it. But whatever may have been the origin of the 
colony, it was always considered, in a political 
point of view, independent of the mother-country 
(called by the Greeks junrpoKolic), and entirely 
emancipated from its control. At the same time, 
though a colony was in no political subjection to its 
parent state, it was united to it by the ties of filial 
affection ; and, according to the generally received 
opinions of the Greeks, its duties to the parent state 
corresponded to those of a daughter to her mother. 1 
Hence, in all matters of common interest, the col- 
ony gave precedence to the mother state ; and the 
founder of the colony {ohiar^c), who might be con- 
sidered as the representative of the parent state, 
was usually worshipped, after his death, as a hero.' 
Also, when the colony became in its turn a parent, 
it usually sought a leader for the colony which it 
intended to found from the original mother-coun 
try ; 3 and the same feeling of respect was manifest 
ed by embassies which were sent to honour the 
principal festivals of the parent state,* and also by 
bestowing places of honour and other marks of re- 
spect upon the ambassadors and other members of 
the parent state, when they visited the colony at 
festivals and similar occasions. 5 The colonists also 
worshipped in their new settlement the same dei- 
ties as they had been accustomed to honour in their 
native country ; the sacred fire, which was con- 
stantly kept burning on their public hearth, was 
taken from the Prytaneum of the parent city ; and, 
according to one account, the priests who minis- 
tered to the gods in the colony were brought from 
the parent state. 6 In the same spirit, it was con- 
sidered a violation of sacred ties for a mother-coun- 
try and a colony to make war upon one another. 7 

The preceding account of the relations between 
the Greek colonies and the mother-country is sup- 
ported by the history which Thucydides gives us of 
the quarrel between Corcyra and Corinth. Corcy- 
ra was a colony of Corinth, and Epidamnus a colo- 
ny of Corcyra ; but the leader (oUkjtvs) of Epi 
damnus was a Corinthian, who was invited from 
the metropolis Corinth. In course of time, in con- 
sequence of civil dissensions and attacks from the 
neighbouring barbarians, the Epidamnians apply for 
aid to Corcyra, but their request is rejected. They 
next apply to the Corinthians, who took Epidamnus 
under their protection, thinking, says Thucydides, 
that the colony was no less theirs than the Corcy- 
raeans' : and also induced to do so through hatred 
of the Corcyraeans, because they neglected them 
though they were colonists ; for they did not give to 
the Corinthians the customary honours and defer- 
ence in the public solemnities and sacrifices that 
the other colonies were wont to pay to the mother- 
country. The Corcyraeans, who had become very 
powerful by sea, took offence at the Corinthians re- 
ceiving Epidamnus under their protection, and the 
result was a war between Corcyra and Corinth. 
The Corcyraeans sent ambassadors to Athens to ask 
assistance ; and in reply to the objection that thev 
were a colony of Corinth, they said " that every 
colony, as long as it is treated kindly, respects the 
mother- country ; but when it is injured, is alienated 
from it ; for colonists are not sent out as subjects, 
but that they may have equal rights with those that 
re main at home." 8 

1. (Dionys. Hal., Ant. Rom., iii., 7— Polyb., xii., 10, $ 3.)— 
2. (Herod., vi., 38.— Thucyd., v., 11.— Diod. Sic, xi., 66; xx., 
102.)— 3. (Thucyd., i., 24.)— 4. (Diod. Sic, xii., 30.— Wesse- 
ling, ad loc.)— 5. (Thucyd., i., 25.)— 6. (Schol. ad Thucyd., i., 
25.— Compare Tacit., Ann., ii., 54.)— 7. (Herod , viti., 22 — Thn- 
cyd., i., 38.)— 8. (Thucyd.. «., 34.) 



COLORES. 



COLORES. 



it is true that ambitious states, such as Athens, 
sometimes claimed dominion over other states on 
the ground of relationship ; but, as a general rule, 
colonies may be regarded as independent states, at- 
tached to their metropolis by ties of sympathy and 
common descent, but no farther. The case of Po- 
tidaea, to which the Corinthians sent annually the 
chief magistrates (dr/fuovpyoi), appears to have been 
an exception to the general rule. 1 

COLO'RES. The Greeks and Romans had a 
very extensive acquaintance with colours as pig- 
ments. Book vii. of Vitruvius, and several chap- 
ters of books xxxiii., xxxiv., and xxxv. of Pliny's 
Natural History, contain much interesting matter 
upon their nature and composition ; and these 
works, together with what is contained in book v. 
of Dioscorides. and some remarks in Theophrastus, 3 
constitute the whole of our information of any impor- 
tance upon the subject of ancient pigments. From 
these sources, through the experiments and obser- 
vations of Sir Humphrey Davy 3 on some remains of 
ancient colours and paintings in the baths of Titus 
and of Livia, and in other ruins of antiquity, we 
are enabled to collect a tolerably satisfactory ac- 
count of the colouring materials employed by the 
Greek and Roman painters. 

The painting of the Greeks is very generally 
considered to have been inferior to their sculpture ; 
this partially arises from very imperfect informa- 
tion, and a very erroneous notion respecting the 
resources of the Greek painters in colouring. The 
error originated apparently with Pliny himself, who 
says,* il Quatuor coloribus solis immortalia ilia opera 
fecere, ex albis Melino, ex silaceis Attico, ex rubris 
Sinopide Pontica, ex ?iigris atramento, Apelles, Echion, 
Melanthius, Nicomachus, clarissimi pictores ;" and 5 
" Legentes meminerint omnia ea quatuor coloribus 
facta.'" This mistake, as Sir H. Davy has sup- 
posed, may have arisen from an imperfect recollec- 
tion of a passage in Cicero, 6 which, however, di- 
rectly contradicts the statement of Pliny : " Inpic- 
tura Zcuxim ct Polygnotum, et Timantkem, et eorum, 
qui non sunt usi plusquam quattuor coloribus, for- 
mas et lincamenta laudamus : at in Echione, Nicoma- 
cho, Protogene, Apelle jam perfecta sunt omnia.'''' 
Here Cicero extols the design and drawing of Polyg- 
notus, Zeuxis, and Timanthes, and those who used 
but four colours; and observes in contradistinc- 
tion, that in Echion, Nicomachus, Protogenes, and 
Apelles, all things were perfect. But the remark of 
Pliny, that Apelles, Echion, Melanthius, and Nicom- 
achus used but four colours, including both black 
and white to the exclusion of all blue (unless we 
understand by " ex nigris atramento" black and in- 
digo), is evidently an error, independently of its con- 
tradiction to Cicero ; and the conclusion drawn by 
some from it and the remark of Cicero, that the 
early Greek painters were acquainted with but four 
pigments, is equally without foundation. Pliny 
himself speaks of two other colours, besides the 
four in question, which were used by the earliest 
painters ; the testa-trita 1 and cinnabaris or vermil- 
ion, which he calls also minium. 8 He mentions 
also 9 the Eretrian earth used by Nicomachus, and 
the clephantium, or ivory-black, used by Apelles, 10 
thus contradicting himself when he asserted that 
Apelles and Nicomachus used but four colours. 
The above tradition, and the simplex color of Quin- 
tilian, 11 are our only authorities for defining any 
limits to the use of colours by the early Greeks as 
applied to painting ; but we have no authority 
whatever for supposing that they were limited in 



1. (Thucyd., i., 56.)— 2. (De Lapidibus.)— 3. (Phil. Trans, of 
the Royal Society, 1815.)— 4. (xxxv., 32.)— 5. (xxxv., 36.)— 6. 
(Brutus, c. 18.)— 7. (xxxv., 5.)— 8. (xxxiii., 36.) — 9. (xxxv., 
21 )— 10. (nxv., S5.)— 11. (Orat. Inst x.i JO J 



any remarkable way in their acquaintance with 
them. That the painters of the earliest period 
had not such abundant resources in this department 
of art as those of the later, is quite consistent with 
experience, and does not require demonstration , 
but to suppose that they were confined to four pig- 
ments, is quite a gratuitous supposition, and is op- 
posed to both reason and evidence. (Via 1 . Pictora.) 

Sir H. Davy also analyzed the colours of the so- 
called " Aidobrandini marriage," all the reds and 
yellows of which he discovered to be ochres ; the 
blues and greens, to be oxides of copper ; the 
blacks, all carbonaceous ; the browns, mixtures of 
ochres and black, and some containing oxide of 
manganese-, the whites were all carbonates of lime 

The reds discovered iu an earthen vase contain- 
ing a variety of colours were, red oxide of lead 
(minium), and two iron ochres of different tints, a 
dull red, and a purplish red nearly of the same tint 
as prussiate of copper ; they were all mixed with 
chalk or carbonate of lime. The yellows were 
pure ochres with carbonate of lime, and ochre mixed 
with minium and carbonate of lime. The blues 
were oxides of copper with carbonate of lime. Sir 
H. Davy discovered a frit, made by means of soda, 
and coloured with oxide of copper, approaching ul- 
tramarine in tint, which he supposed to be the frit 
of Alexandrea ; its composition, he says, was per- 
fect : " that of imbodying the colour in a composition 
resembling stone, so as to prevent the escape of 
elastic matter from it, or the decomposing action of 
the elements ; this is a species of artificial lapis-laz- 
uli, the colouring matter of wnich is naturally in- 
herent in a hard silicious stone." 

Of greens there were many shades, all, however, 
either carbonate or oxide of copper, mixed with 
carbonate of lime. The browns consisted of ochres 
calcined, and oxides of iron and of manganese, and 
compounds of ochres and blacks. Sir H. Davy 
could not ascertain whether the lake which he dis- 
covered was of animal or of vegetable origin ; if of 
animal, he supposed that it was very probably the 
Tyrian or marine purple. He discovered also a 
colour which he supposed to be black wad, or hy- 
drated binoxide of manganese ; also, a black colour 
composed of chalk, mixed with the ink of the sepia 
officinalis, or cuttle-fish. The transparent blue glass 
of the ancients he found to be stained with oxide of 
cobalt, and the purple with oxide of manganese. 

The following list, compiled from the different 
sources of our information concerning the pigments 
known to the ancients, will serve to convey an idea 
of the great resources of the Greek and Roman 
painters in this department of their art ; and which, 
in the opinion of Sir H. Davy, were fully equal to 
the resources of the great Italian painters in the 
sixteenth century : 

Red. The ancient reds were very numerous. 
Kivvd6apt, yX7jroc, cinnabaris, cinnabar, vermilion, 
bisulphuret of mercury, called also by Pliny and 
Vitruvius minium. 

The KivvdSapt 'IvSckov, cinnabaris Indica, men- 
tioned by Pliny and Dioscorides, was what is vul- 
garly called dragon's-blood, the resin obtained from 
various species of the calamus palm. 

WlItoc seems to have had various significations ; 
it was used for cinnabaris, minium, red lead, ami 
rubrica, red ochre. There were various kinds oi 
rubrica, the Cappadocian, the Egyptian, the Span- 
ish, and the Lemnian ; all were, howevei , red iron 
oxides, of which the best were the Lemnian, from 
the isle of Lemnos, and the Cappadocian, called by 
"the Roi> ms rubrica Sinopica, by the Creeks livu- 
mc, from Sinopt in Paphlagonia, whence it was first 
brought. There vas also an African rubrica called 
ciccrculum. 

285 



COLORES. 



COLORES. 



Minium, red oxiae ol lead, red lead, was called 
by the Romans cerussa usta, and, according to Vitru- 
vius, sandaracha ; by the Greeks, fjciXroc, and, ac- 
cording to Dioscorides, 1 o-avdapufcn. Pliny tells us 
that it was discovered through the accidental cal- 
culation of some cerussa (white lead) by a fire in 
the Piraeus, and was first used as a pigment by Ni- 
cias of Athens, about 330 B.C. 

The Roman sandaracha seems to have had va- 
rious significations, and it is evidently used differ- 
ently by the Greek and Roman writers. Pliny 
speaks of different shades of sandaracha, the pale 
or massicot (yellow oxide of lead), and a mixture of 
the pale with minium ; it apparently also signified 
realgar or the red sulphuret of arsenic : there was 
also a compound colour of equal parts of sandara- 
cha and rubrica calcined, called sandyx, cavdv!-. 
Sir H. Davy supposed this colour to approach our 
crimson in tint ; in painting it was frequently glazed 
with purple, to give it additional lustre. 

Pliny speaks of a dark ochre from the isle of Sy- 
ros, which he calls Syricum ; but he says also that 
it was made by mixing sandyx with rubrica Sino- 
pica. 

Yellow. Yellow ochre, hydrated peroxide of 
iron, the sil of the Romans, the &xpa of the Greeks, 
formed the base of many other yellows, mixed with 
various colours and carbonate of lime. Ochre was 
procured from different parts ; the Attic was con- 
sidered the best ; it was first used in painting, ac- 
cording to Pliny, by Polygnotus and Micon, at Ath- 
ens, about 460 B.C. 

'Apoeviitov, auripigmentum, orpiment (yellow sul- 
phuret of arsenic), was also an important yellow ; 
but it has not been discovered in any of the ancient 
paintings. (Vid. Arsenicon.) The sandaracha has 
been already mentioned. 

Green. Chrysocolla, ^puad/coAJla, which appears 
to have been green carbonate of copper or malachite 
(green verditer), was the green most approved of 
by the ancients ; its tint depended upon the quan- 
tity of carbonate of lime mixed with it. 

Pliny mentions various kinds of verdigris (diace- 
tate of copper), arugo, 16c, log xaknov, cypria cerugo, 
and ceruca, and a particular preparation of verdigris 
called scolecia. Sir H. Davy supposes the ancients 
to have used, also, acetate of copper (distilled verdi- 
gris) as a pigment. Besides the above were sev- 
eral green earths, all cupreous oxides : Theodotion 
{QeodoTLov), so called from being found upon the 
estate of Theodotius, near Smyrna; Appianum; and 
the creta viridis, common green earth of Verona. 

Blue. The ancient blues were also very numer- 
ous ; the principal of these was cceruleum, nvavoc, 
azure, a species of verditer or blue carbonate of cop- 
per, of which there were many varieties. It was 
generally mixed with carbonate of lime. Vitruvius 
and Pliny speak of the Alexandrean, the Cyprian, 
and the Scythian ; the Alexandrean was the most 
valued, as approaching nearest to ultramarine. It 
was made also at Pozzuoli by a certain Vestorius, 
who had learned the method of its preparation in 
Egypt ; this was distinguished by the name of cos- 
ton. There was also a washed caeruleum called 
lomenlum, and an inferior description of this called 
tritum. 

It appears that ultramarine (lapis-lazuli) was 
known to the ancients under the name of Arme- 
nium, 'Apfievtov, from Armenia, whence it was pro- 
cured. Sulphuret of sodium is the colouring prin- 
ciple of lapis-lazuli, according to M. Gmelin of Tu- 
bingen. 

Indigo, Indicum, 'Ivdutov, was well known to the 
ancients. 

Cobalt. The ancient name for this mineral is 



286 



l.lv., 122.) 



not known ; but it has been supposed to be the 
%a?iic6c of Theophrastus, which he mentions was 
used for staining glass. No cobalt, however, has 
been discovered in any of the remains of ancient 
painting. 

Purple. The ancients had also several kinds of 
purple, purpurissum, ostrum, hysginum, and various 
compound colours. The most valuable of these 
was the purpurissum, prepared by mixing the creta 
argentama with the purple secretion of the murex 
(rtopfyvpa). 

Hysginum, vayivov {vayn, woad?), according to 
Vitruvius, is a colour between scarlet and purple. 

The Roman ostrum was a compound of red ochre 
and blue oxide of copper. 

Vitruvius mentions a purple which was obtained 
by cooling the ochra usta with wine vinegar. 

Rubice radix, madder-root. 

Brown. Ochra usta, burned ochre. The brown© 
were ochres calcined, oxides of iron and of manga 
nese, and compounds of ochres and blacks. 

Black, atramentum, fii?.av. The ancient blacks 
were mostly carbonaceous. The best for the pur- 
poses of painting were elephantinum, klefyavTivov, 
ivory-black ; and tryginum, rpvyivov, vine-black, 
made of burned vine twigs. The former was used 
by Apelles, the latter by Polygnotus and Micon. 

The atramentum Indicum, mentioned by Pliny and 
Vitruvius, was probably the Chinese Indian ink. 
The blacks from sepia, and the black woad, have 
been already mentioned. 

White. The ordinary Greek white was meli- 
num, \ir\kLac, an earth from the Isle of Melos ; for 
fresco painting, the best was the African paratoni- 
um, napairoviov, so called from the place of its ori- 
gin on the coast of Africa, not far from Egypt. 
There was also a white earth of Eretria, and tho 
annularian white, creta anularia or anulare, made 
from the glass composition worn in the rings of the 
poor. 

Carbonate of lead or white lead, cerussa, ipi/jiv- 
6iov, was apparently not much used by the ancient 
painters ; it was nowhere found among the Roman 
ruins. 

Sir H. Davy is of opinion that the azure, the red 
and yellow ochres, and the blacks, have not under- 
gone any change of colour whatever in the ancient 
fresco paintings ; but that many of the greens, which 
are now carbonate of copper, were originally laid on 
in a state of acetate. 

Pliny divides the colours into color es fioridi and 
color cs austeri ; l the colores fioridi were those which, 
in his time, were supplied by the employer to the 
painter, on account of their expense, and to secure 
their being genuine ; they were minium, Armenium, 
cinnabaris, chrysocolla, Indicum, and purpurissum ; 
the rest were the austeri. 

Both Pliny 2 and Vitruvius 3 class the colours into 
natural and artificial ; the natural are those obtain- 
ed immediately from the earth, which, according to 
Pliny, are Sinopis, rubrica, paragtonium, melinum, 
Eretria, and auripigmentum ; to these Vitruvius 
adds ochra, sandaracha, minium (vermilion] , and 
chrysocolla, being of metallic origin. The ethers 
are called artificial, on account of requiring some 
particular preparation to render them fit for use. 

To the above list of colours more names might 
still be added ; but, being for the most part merely 
compounds or modifications of those already men- 
tioned, they would only take up space, without giv 
ing us any additional insight into the resources of 
the ancient painters ; those which we have already 
enumerated are sufficient to form an infinite varie 
ty of colour, and conclusively prove that the ancient 
painters, if they had not more, had at least equal 

1. (xxxv., 1? ' -2. (xxxv., 12.)— 3. (vii.. 7 ) 



COLOSSUS. 



COLUMBARIUM. 



resources in this most essential branch of painting 
with the artists of our own times. 

COLO'SSUS (KoXoaaog). The origin of this word 
is not known, the suggestions of the grammarians 
being either ridiculous, or imperfect in point of ety- 
mology. 1 It is, however, very ancient, probably of 
Ionic extraction, and rarely occurs in the Attic wri- 
ters. 3 It is used both by the Greeks and Romans 
to signify a statue larger than life, 3 and thence a 
person of extraordinary stature is termed colosse- 
ros ; 4 and the architectural ornaments in the upper 
members of lofty buildings, which require to be of 
large dimensions in consequence of their remote- 
ness, are termed colossicotera (KoXotraLKcJrepa 5 ). 
Statues of this kind, simply colossal, but not pre- 
posterously large, were too common among the 
Greeks to excite observation msrely from their 
6ize, and are, therefore, rarely referred to as such, 
the word being more frequently applied to designate 
those figures of gigantic dimensions (moles statua- 
rum, turribus pares 6 ) which were first executed in 
Egypt, and of which some specimens may be seen 
in the British Museum. 

Among the colossal statues of Greece, the most 
celebrated was the bronze colossus at Rhodes, dedi- 
cated to the sun, which was commenced by Chares 
of Lindus, a pupil of Lysippus, and terminated, at the 
expiration of twelve years, by Laches, of the same 
place, at a cost of 300 talents. Its height was 90 
feet according to Hyginus, 7 70 cubits according to 
Pliny, or 105 according to Festus. It was thrown 
down by an earthquake fifty-six years after its erec- 
tion. 8 It is to this statue that Statius refers. 9 

Another Greek colossus, the work of Calamis, 
which cost 500 talents, and was twenty cubits high, 
dedicated to Apollo, in the city of Apollonia, was 
transferred from thence to the Capitol by M. Lucul- 
lus. 10 Some fragments in marble, supposed to have 
belonged to this statue, are still preserved in the 
courtyard of the Museo Capitolino. 

There were two colossal statues in bronze, of 
Greek workmanship, at Tarentum : one of Jupiter ; 
the other and lesser one of Hercules, by Lysippus, 
which was transplanted to the Capitol by Fabius 
Maximus. 11 

Among the works of this description made ex- 
pressly by or for the Romans, those most frequently 
alluded to are the following : 1. A statue of Jupiter 
upon the Capitol, made by order of Sp. Carvilius, 
from the armour of the Samnites, which was so 
large that it could be seen from the Alban Mount. 13 
2. A bronze statue of Apollo at the Palatine Libra- 
ry, 13 to which the bronze head now preserved in 
the Capitol probably belonged. 3. A bronze statue 
of Augustus, in the Forum, which bore his name. 1 * 

4. The colossus of Nero, which was executed by 
Zenodorus in marble, and therefore quoted by Pliny 
in proof that the art of casting metal was then lost. 
Its height was 110 or 120 feet. 15 It was originally 
placed in the vestibule of the domus aurea, 16 at the 
bottom of the Via Sacra, where the basement upon 
which it stood is still to be seen, and from it the 
contiguous amphitheatre is supposed to have gained 
the name of " Colosseum." Twenty-four elephants 
were employed by Hadriar to remove it, when he 
was about to build the Temple of Rome. 17 Having 

I. (Etym. Mag., p. 526, 16.— Festus, s. v.)— 2. (Blomf., Gloss, 
hd .35sch., Agamemnon, 406.) — 3. (Hesych., s. v. — .<Esch., Agam., 
406.— Schol. ad Juv., Sat., viii., 230.)— 4. (Suet., Calig. 35.)— 

5. (Vitruv., iii., 3, p. 98, ed. Bipont.— Compare Id., x., 4.)— 6. 
(Plin., H. N., xxxiv., 18.)— 7. (Fab., 233.)— 8. (Plin., II. N., 
txxiv., 18.— Polyb., v., 88.— Festus, s\ v.)— 9. (Sylv., I., i., 103.) 
—10. (Strab., vii., 6, I) 1.— Plin., 1. c— P. Victor, Regio viii.) — 
11- (Strab., v ., 3, v 1.— Plin., 1. c— Plutarch, Fab., xxii., p. 722, 
ed. Reiske.)— 12. (Plin., 1. c.)— 13. (Plin., 1. c.)— 14. (Mart., 
Ep., viii., 44, 7.)— 15. (Pun., 1. c— Suet., Nero, 31.)— 16. (Mart., 
Spect.. ii., 1 — Ep , i ,71,7.— Dion Cass., lxvi., 15.)— 17. (Spart., 
lladr , 19 j 



surfered in the fire which destroyed the Gold en 
House, it was repaired by Vespasian, and by him 
converted into a statue of the Sun. 1 5. An eques- 
trian statue of Domitian, of bronze gilt, which was 
placed in the centre of the Forum. 2 

*COLO'TES {kuTiuttjc ), another name for the a-r- 
K(ika6C)~r)c, or Spotted Lizard. ( Vid. Ascalabotes.) 
Aristotle, however, in one part, 3 would seem to ap- 
ply it to some other animal than this. Some have 
taken it for a bird ; while Scaliger rather thinks it 
was a species of Scarabccus.* 

*COLOU'TEA (KoXovrea), a plant, which has 
been referred to the genus Colytca, L., or Bladder- 
Senna. Three species are described by Theophras- 
tus, namely, 'ldala, -KEpl Anrupav, and ypvyavudrjc. 5 

*COL'UBER, a species of Serpent, considered by 
some to be the same with the Boas of Pliny. ( Vid 
Draco.) 

*COLUMBA, the Pigeon. {Vid. Peristera.) 

COLUM (rjdfiSg), a strainer or colander. Various 
specimens of this utensil have been found at Pom- 
peii. The annexed woodcut shows the plan and 
profile of one which is of silver. 1 ' 



£L 






Wine-strainers (^Odvia) were also made or 
bronze, 7 and their perforations sometimes formed 
an elegant pattern. The poor used linen strain- 
ers ; 8 and, where nicety was not required, they 
were made of broom or of rushes. 9 The Romans 
filled the strainer with ice or snow (cola nivaria) in 
order to cool and dilute the wine at the same time 
that it was cleared. The bone of the nose, which 
is minutely perforated for the passage of the olfac- 
tory nerves, was called tjOjioc, the ethmoid bone ; 
from its exact resemblance to a strainer. 

COLUMBA'RIUM, a Dovecote or Pigeon-house 
The word occurs more frequently in the plural num- 
ber, in which it is used to express a variety of ob- 
jects, all of which, however, derive their name from 
their resemblance to a dovecote. 

I. In the singular, Columbarium means ons of 
those sepulchral chambers formed to receive the 
ashes of the lower orders, or dependants of great 
families ; and in the plural, the niches in which the 
cinerary urns (oll<z) were deposited. Several of 
these chambers are still to be seen at Rome. Ono 
of the most perfect of them, which was discovered 
in the year 1822, at the villa Rufini, about two miles 
beyond the Porta Pia, is represented in the annexed 
woodcut. 

Each of the niches contained a pair of urns, with 
the names of the persons whose ashes they contain- 
ed inscribed over them. The use of the word, and 



1. (Hieronym. in Hab., c. 3. — Suet., Vesp., 18. — Plin., 1. c— 
Compare Lamprid., Commod., 17. — Dion Cass., lxxii., 15.) — 2. 
(Stat., Sylv., I., i., 1.— Mart., Ep., i., 71, 6.)— 3. (H. A., ix., 2.) 
— 4. (Adams, Append., s. v.) — 5. (Theophrast., II. P., iii., 14, 
17.— Adams, Append., 1. c.) — 6. (Mus. Borb. T.. viii., 14, fig. 4, 
5.) — 7. (Athen.)— 8. (Mart., xi'v., 104.)— 9. (Colum., De Re 
Rust., i i., 19.) 

287 



COLUMNA. 



COLTIMNA. 



mode of occupation, is testified in the following in- 
icdption : 

L. Abucius Hermes in hoc 

GRDINE AB IMO AD SUMMUM 

COLUMBARIA IX. OLL^E XVIII. 

SIBI POSTERISQUE SUIS. 



tea ^,^a$a«ssPs==5fewM 






M 




II. In a machine used to raise water for the pur- 
pose of irrigation, as described by Vitruvius, 2 the 
vents through which the water was conveyed into 
the receiving trough were termed Columbaria. 
This will be understood by referring to the woodcut 
at p. 65. (Vid. Antlia.) 'The difference between 
that representation and the machine now under 
consideration consisted in the following points : 
The wheel of the latter is a solid one {tympanum) 
instead of radiated (rota), and was worked as a 
treadmill, by men who stood upon platforms pro- 
jecting from the flat sides instead of being turned 
by a stream. Between the intervals of each plat- 
form a series of grooves or channels (columbaria) 
were formed in the sides of the tympanum, through 
which the water taken up by a number of scoops 
placed on the outer margin of the wheel, like the 
jars in the cut referred to, was conducted into a 
Wooden trough below (labrum ligneum suppositum 3 ). 

III. The cavities into which the extreme ends 
of the beams upon which a roof is supported (tigno- 
mm cubilia), and which are represented by triglyphs 
in the Doric order, were termed Columbaria by the 
Roman architects ;* that is, while they remained 
ompty, and until filled up by the head of the beam. 5 

COLUMNA (kiuv, dim. movie, klovlov, kiovlokoc' 
gtvXoc, dim. gtvX'lc, gtvXlokoc), a Pillar or Column. 

The use of the trunks of trees placed upright for 
supporting buildings, unquestionably led to the adop- 
tion of similar supports wrought in stone. Among 
the agricultural Greeks of Asia Minor, whose modes 
of life appear to have suffered little change for more 
than two thousand years, Mr. Fellows observed an 
exact conformity of style and arrangement between 
the wooden huts now occupied by the peasantry, of 
one of which he has given a sketch 6 (see woodcut), 



■; V,IXXQX^XX33U[XXXXXLy.. :--, 






-z^. \ i 



r 
-' '- 






and the splendid tombs and temples, which were 



1. (Spoil., Misc. Ant. Erudit., ix., p. 287.)— 2. (x.. 9.)— 3. (Vi- 
truv., 1. c.)— 4. (Vitrnv., iv., 2, p. 110, ed. Bipont.) — 5. (Mar- 
,u»z, Dell' Ordine Dorico, vii., 37.)— 6. (Journal, p. 234.) 
288 



hewn out jf the rock, and constructed at the ex- 
pense of the most wealthy of the ancient inhabi- 
tants. We have also direct testimonies to prove 
that the ancients made use of wooden columns in 
their edifices. Pausanias 1 describes a very ancient 
monument in the market-place at Elis, consisting 
of a roof supported by pillars of oak. A temple of 
Juno at Metapontum was supported by pillars mad<j 
from the trunks of vines. 2 In the Egyptian archi- 
tecture, many of the greatest stone columns are 
manifest imitations of the trunk of the palm. 3 

As the tree required to be based upon a flat square 
stone, and to have a stone or tile of similar form 
fixed on its summit to preserve it from decay, so 
the column was made with a square base, and was 
covered with an abacus. (Vid. Abacus.) Hence 
the principal parts of which every column consists 
are three, the base, the shaft, and the capital. 

. In the Doric, which is the oldest style of Greek 
architecture, we must consider all the columns jn 
the same row as having one common base (podium). 
whereas in the Ionic and Corinthian each column 
has a separate base, called oTrelpa. (Vid. Spira.) 
The capitals of these two latter orders show, on 
comparison with the Doric, a yet greater degree of 
complexity and a much richer style of ornament ; 
and the character of lightness and elegance is far- 
ther obtained in them by their more slender shaft, 
its height being much greater in proportion to its 
thickness. Of all these circumstances, some idea 
may be formed by the inspection of the three ac- 
companying specimens of pillars, selected from each 
of the principal orders of ancient architecture. The 
first is from a column of the Parthenon at Athens, 
the capital of which is shown on a larger scale at 
p. 9. The second is from the temple of Bacchus at 
Teos, the capital of which is introduced at p. Hi.;. 
The third is from the remains of the temple cf Ju- 
piter at Labranda. 



HiJ±JJ Ff?r 



I 



CIS 

I' 






m 



Ullil 



s 






e 



3 



In all the orders, the shaft (scapus) tapers from 
the bottom towards the top, thus imitating the nat- 
ural form of the trunk of a tree, and at the same 
time conforming to a general law in regard to the 
attainment of strength and solidity in all upright 
bodies. The shaft was, however, made with a 
slight swelling in the middle, which was called the 
entasis. It was, moreover, almost universally, and 
from the earliest times, channelled or fluted, i. c, 
the outside was striped with incisions parallel to 
the axis.* These incisions, called stria, were al- 
ways worked with extreme regularity. The sec- 
tion of them by a plane parallel to the base was, in 
the Ionic and Corinthian orders, a semicircle ; in 

1. (vi., 24, if 7.)— 2. (Plin., H. N., xxiv., 1.)— 3 (Herod., ii„ 
169.)— 4. (Vitruv., iv , 4.) 



COLUMNA. 



OOLUMNA. 



ine Doric, it was an arc much less than a semicir- 
cle. Their number was 20 in the columns of the 
Parthenon above represented ; in other instances, 
21, 28, or 32. 

The capital was commonly wrought out of one 
bUjck of stone, the shaft consisting of several cylin- 
drical pieces fitted to one another. When the col- 
umn was erected, its component parts were firmly 
joined together, not by mortar or cement, but by 
iron cramps fixed in the direction of the axis. The 
annexed woodcut is copied from an engraving in 
Swinburne's Tour in the Two Sicilies, 1 and repre- 
sents a Doric column, which has been thrown pros- 
trate m such a manner as to show the capital lying 
separate, and the five drums of the shaft, each four 
feet long, with the holes for the iron cramps by 
which they were united together. 




Columns of an astonishing size were nevertheless 
erected, in which the shaft was one piece of stone. 
For this purpose it was hewn in the quarry into the 
requisite form, 2 and was then rolled over the ground, 
or moved by the aid of various mechanical contri- 
vances, and by immense labour, to the spot where 
it was to be set up. The traveller now sometimes 
views with wonder the unfinished pillars, either oc- 
cupying their original site in the quarry, or left after 
having performed one half their journey, while he 
finds other shafts arranged in their intended posi- 
tion, and consisting each of a single piece of marble, 
ulabaster, porphyry, jasper, or granite, which is ei- 
ther corroded by time, or retains its polish and its 
varied and beautiful colours, according to the situa- 
tion in which it has been placed, or the durability 
of its substance. The mausoleum of the Emperor 
Adrian, a circular building of such dimensions that 
it serves as the fortress of modern Rome, was sur- 
rounded by forty-eight lofty and most beautiful Co- 
rinthian pillars, the shaft of each pillar being a sin- 
gle piece of marble. About the time of Constan- 
tine, some of these were taken to support the inte- 
rior of a church dedicated to St. Paul, which a few 
years ago was destroyed by fire. The interest at- 
tached to the working and erection of these noble 
columns, the undivided shafts of which consisted of 
the most valuable and splendid materials, led mu- 
nificent individuals to employ their wealth in pre- 
senting them to public structures. Thus Croesus 
contributed the greater part of the pillars to the 
temple at Ephesus. 3 In the ruins at Labranda, now 
called Jackly, in Caria, tablets in front of the col- 
umns record the names of the donors, as is shown 
in the specimen of them above exhibited. 

*" The capitals used in the architecture of the 
Greeks," observes Stuart,* " though with number- 
less minute variations of ornaments and propor- 
tions, arrange themselves into three general classes, 
and offer the most obvious distinction between the 
orders. The Doric capital, which preserves more 
of the primitive type than any other, is extremely 
plain, but its simplicity is not without beauty. It 
consists of a broad and massy abacus, an ovolo un- 
der the abacus, from three to five fillets under the 

1. (vol. ii., p. 301.)— 2. (Virgr., ^En., i., 428.)— 3. (Herod., i., 
•2.)— A. (Dictionary of Architecture, vol. i., 3. v. Capital.) 

Oo 



ovolo, and under these a neck called the frieze of 
the capital. In the Ionic capital there is great in- 
vention, and a particular character is displayed ; in- 
deed, so much so, that it never fails to distinguish 
itself, even on the most slight and careless observa- 
tion. It consists of a small and moulded abacus, 
below which depend to the right and left two spiral 
volutes ; it has also an echinus, which is not unfre- 
quently enriched, and a bead. The Corinthian cap- 
ital is most richly ornamented, and differs extreme- 
ly from the others. In this the abacus is hollowed, 
forming a quadrilateral figure with concave sides, 
the angles of which are generally truncated. Some- 
times the abacus is enriched, but more frequently 
ornamented with a flower in the middle. Below 
the abacus the capital has the form of a vase or 
bell, surrounded with two tiers of the leaves of the 
acanthus, or, rather, of leaves resembling those of 
a species of the acanthus plant. Under each angle 
of the abacus springs a volute, and under the flow- 
er in the centre of the abacus there are cauliculi. 
With regard to the Tuscan capital, there are nc 
authenticated remains of the order ; and the pre- 
cepts of Vitruvius on this head are so very obscure 
that the modern compilers of systems of architec- 
ture have, of course, varied exceedingly in their de- 
signs ; the order, therefore, that passes under this 
name must be regarded rather as a modern than an 
ancient invention. It has been made to differ from 
the modern Doric by an air of poverty and rudeness, 
by the suppression of parts and mouldings. But, 
though the Tuscan capital is plain and simple in the 
highest degree, it well becomes that column whose 
character is strength. The Composite capital is 
formed by a union of the Ionic and Corinthian. It 
consists of a vase or bell, a first and second row of 
acanthus leaves, with some small shoots, a fillet, 
astragal, ovolo, four volutes, and a hollowed abacus 
with a flower in its centre." 

Columns were used in the interior of buildings, 
to sustain the beams which supported the ceiling. 
As both the beams and the entire ceiling were often 
of stone or marble, which could not be obtained in 
pieces of so great a length as wood, the columns 
were in such circumstances frequent in proportion, 
not being more than about ten or twelve feet apart. 
The opisthodomos of the Parthenon of Athens, as 
appears from traces in the remaining ruins, had foui 
columns to support the ceiling. A common arrange- 
ment, especially in buildings of an oblong form, waa 
to have two rows of columns parallel to the two 
sides, the distance from each side to the next row 
of columns being less than the distance between 
the rows themselves. This construction was adopt- 
ed not only in temples, but in palaces (olno/), i. e. t 
in houses of the greatest size and splendoui 1 he 
great hall of the palace of Ulysses m Ithaca, that of 
the King of the Phaeacians, and that of the palace 
of Hercules at Thebes, 1 are supposed to have been 
thus constructed, the seats of honour both for me 
master and mistress, and for the more distinguished 
of their guests, being at the foot of certain pillars " 
In these regal halls of the Homeiic aera, we are also 
led to imagine the pillais decorated with arms. 
When Telemachus enters his father's hall, heplaces 
his spear against a column, and " within the doI- 
ished spear-holder," by which we must understand 
one of the striae or channels of the shaft. 9 Around 
the base of the columns, near the entrance, all the 
warriors of the family were accustomed to incline 
their spears ; and from the upper part of the same 
they suspended their bows and quivers on nails or 
hooks.* The minstrel's lyre hung upon its peg from 

1. (Eurip., Here. Fur., 975-1013.)— 2. (Od., vi., 307 ; viii.,80 
473; xxiii., 90.) — 3. (Od., i., 127-129; xvii., 29.— Vir ;., &a 
xii., 92.)— 4. (Horn., Hymn, in Ap., 8.) 

289 



COLUMNA. 



COLIjMWA. 



another column nearer the top of the room. 1 The 
columns of the hall were also made subservient to 
less agreeable uses. Criminals were tied to them 
in order to be scourged or otherwise tormented. 2 
According to the description in the Odyssey, the 
beams of the hall of Ulysses were of silver-fir ; in 
such a case, the apartment might be very spacious 
without being overcrowded with columns. 3 Such, 
likewise, was the hall of the palace of Atreus at 
Mycenae : " Fulget turbo, capax Jmmane tectum, cu- 
jus auratas trabes Variis columnar nobiles maculis fe- 
runt."* 

Rows of columns were often employed within a 
building to enclose a space open to the sky. Beams 
supporting ceilings passed from above the columns 
to the adjoining walls, so as to form covered passa- 
ges or ambulatories (croat). Such a circuit of col- 
umns was called a peristyle {irepioTvlov), and the 
Roman atrium was built upon this plan. The lar- 
gest and most splendid temples enclosed an open 
space like an atrium, which was accomplished by 
placing one peristyle upon another. In such cases, 
the lower rows of columns being Doric, the upper 
were sometimes Ionic or Corinthian, the lighter be- 
ing properly based upon the heavier. 5 A temple so 
constructed was called hypcethral {vnaidpoc). 

On the outside of buildings columns were by no 
means destitute of utility. But the chief design 
in erecting them was the attainment of grandeur 
and beauty ; and, to secure this object, every cir- 
cumstance relating to their form, proportions, and 
arrangement was studied, with the utmost nicety 
and exactness. Of the truth of this observation, 
some idea may be formed from the following list of 
terms, which were employed to distinguish the dif- 
ferent kinds of temples. 6 

I. Terms describing the number and arrange- 
ment of the columns. 

1. 'Aorvhog, astyle, without any columns. 7 

2. 'Ev TtapaaTuGi, in antis, with two columns in 
front between the antse. 8 (Woodcut, p. 61.) 

3. UpoGTvXog, prostyle, with four columns in front. 

4. 'A[i<}>i7rp6GTv?ioc, amphiprostyle, with four col- 
umns at each end. 

5. UepiTTTepoc or afityiKicdv, 9 peripteral, with col- 
umns at each end and along each side, the side being 
about twice as many as the end columns, including 
two divisions, viz. : •■ 

a. 'Etjaorvhoc, hexastyle, with six columns at each 
end, and either nine or eleven at each side, 
besides those at the angles. Example, the 
Theseum at Athens. 

h, 'Okt&gtvIoc, octastyle, with eight columns at 
each end, and fiffeen at each side, besides 
those at the angles. Example, the Parthenon 
at Athens. 

6. AiizTepoc, dipteral, with two ranges of columns 
(irrepd) all round, the one within the other. 

7. "kevdodLTrrepoe, pseudodipteral, with one range 
only, but at the same distance from the walls of the 
cella as the outer range of a diirrepoc. 

8. Ae/cdorvAoc decastyle, with ten columns at each 
end, which was the case only in hypaethral temples. 10 

II. Terms describing the distance of the columns 
liom one another, and from the walls of the cella. 

1. Tlvx.vooTv'koc, pycnostyle, the distance between 
the columns a diameter of a column and half a di- 
ameter. 

2. 2vcTv2,oe, systyle, the distance between the 
columns two diameters of a column. 

1. (Od.,viii., 67.— Pind., 01., i., 17.)— 2. (Soph., Ajax, 108. 
— Lobeck, ad lcc.— Diog. Laert., viii., 21.— Hesiod., Theog., 521.) 
—3. (Od., xix., 38 ; xxii., 176 193.)— 4. (Sen., Thyest., iv., 1.) 

5. (Paus., Till., 45, k, 4.)— 6 (Vitruv., iii., 2, 3.) — 7. (Leoni- 
das Tar. in B'inck. Analect., i., 237.— Plin., II. N., xxxiv., 8.) 
-8. (Pind., 01 , vi., 1.) -9. (S 3 ph.,Antig.,285.)-10. (Vitrw., 
.1i., 1.) 

2PJ 



3. EvgtvXoc, eustyle, the distance between the 
columns two diameters and a quarter, except in the 
centre of the front and back of the building, where 
each intercolumniation {inter columnium) was threo 
diameters, called eustyle, because it was best adapt 
ed both for beauty and convenience. 

4. Ai&gtvIoc, diastyle, the intercolumniation, oi 
distance between the columns, three diameters. 

5. 'Apai6arv?.oc, arceostyle, the distances excess- 
ive, so that it was necessary to make the epistyle 
(eTTiarvXtov), or architrave, not of stone, but of 
timber. 

Columns in long rows were used to convey watei 
in aqueducts, 1 and single pillars were fixed in har- 
bours for mooring ships. 2 Some of these are found 
yet standing. 

Single columns were also erected to commemo- 
rate persons or events. Among these, some of the 
most remarkable were the columnce rostrata, called 
by that name because three ship-beaks proceeded 
from each side of them, and designed to record suc- 
cessful engagements at sea (navali surgentes cert 
columnce 3 ). The most important and celebrated of 
those which yet remain is one erected in honour of 
the consul C. Duillius, on occasion of his victory , 
over the Carthaginian fleet, B.C. 261 (see the an- 
nexed woodcut). It was originally placed in the. 




Forum,* and is now preserved in the museum of 
the Capitol. The inscription upon it, in great part 
effaced, is written in obsolete Latin, similar tc that 
of the Twelve Tables. 5 When statues were raised 
to ennoble victors at the Olympic and other games, 
or to commemorate persons who had obtained any 
high distinction, the tribute of public homage was 
rendered still more notorious and decisive by fixing 
their statues upon pillars. They thus appeared, as 
Pliny observes, 6 to be raised above other mortals. 

But columns were much more commonly used to 
commemorate the dead. For this purpose they va- 
ried in size, from the plain marble pillar bearing a 
simple Greek inscription, 7 to those lofty and elabo- 
rate columns which are now among the most won- 
derful and instructive monuments of ancient Rome. 
The column on the right hand, in the last woodcut, 
exhibits that which the senate erected to the honour 
of the Emperor Trajan, and crowned with his co- 
lossal statue in bronze. In the pedestal is a door, 
which leads to a spiral staircase for ascending to 



1. (Crates, ap. Athen.,vi.,94.)— 2. (Od., xxii., 466.)— 3. (Virs., 
Georg., iii., 29.— Servius, ad loc.) — 4. (Plin., H. N., xxxiv., 1 1 .) 
—5. (Quintil., i., 7.)— 6. (H. N., xxxiv., 12.)— 7. (Leon. Tar >■ 
Brunck. Anal., i., 239.) 



COMA. 



COMA. 



the summit. Light is admitted to the staircase 
through numerous apertures. A spiral bas-relief is 
folded round the pillar, which represents the em- 
peror's victories over the Dacians, and is one of the 
most valuable authorities for archaeological inqui- 
ries. Including the statue, the height of this monu- 
ment, in which the ashes of the emperor were de- 
posited, was not less than 130 feet. A similar col- 
umn, erected to the memory of the Emperor Marcus 
Aurelius, remains at Rome, and is commonly known 
by the appellation of the Antonine column. After 
the death of Julius Caesar, the people erected to 
his memory a column of solid marble, 20 feet high, 
in the Forum, with the inscription parenti patriae. 1 
Columns still exist at Rome, at Constantinople, and 
in Egypt, w r hich were erected to other emperors. 

COMA (k6{it]), the hair of the head. Besides this 
general term, there are various other words, both 
in Greek and Latin, signifying the hair, each of 
which acquires its distinctive meaning from some 
physical property of the hair itself, or from some pe- 
culiarity in the mode of arranging it, the principal 
of which are as follow : 1. "Edecpa, 2 a head of hair 
when carefully dressed. 3 2. Xairv, properly the 
mane of a horse or lion, is used to signify long flow- 
ing hair. 4 3. $0677, when accurately used, implies 
the hair of the head in a state of disorder incident 
to a person under a sense of fear. 5 4. Ilo/cdf, from 
-eiKo or tteko), 6 the hair when combed and dressed. 7 
5. 0p/f, a general term for hair, from the plural of 
which the Romans borrowed their word trica : 9 rpi- 
X^clc and rpix^a are used in the same sense. 9 6. 
Kopan (Att. Kopprj), from the old word nop, the 
head," 1 signifies properly the hair on the top of the 
head ; and hence a particular fashion of arranging 
the hair among the Greek woraer. was termed ko- 
pv/x6og ; 11 or, when worn in the same style by the 
men, it was designated by another derivative from 
the same word, Kpu6v2,og. 12 To produce this effect, 
the hair was drawn up all round the head from the 
front and back, and fastened in a bow on the top, 
as exemplified in the two following busts, one of 
the Apollo Belvidere, the Dther of Diana, from the 
British Museum. 1 * 



Hercules, one of which is subjoined from a 
men in the British Museum. 1 



speet 




Instead of a band, the people of Athens fastened 
the bow with an ornamental clasp, fashioned like a 
grasshopper, to show that they were aborigines. 1 * 
KpudvXoc is also used for a cap of network, like that 
represented at p. 187, 271. (Vid. Calantica.) 7. 
Ma?.A6f, which properly means wool, was also used 
for the short, round, curly hair, which resembles 
the fleece of a lamb, such as is seen in some of the 
early Greek sculptures, particularly in the heads of 

1. (Suet , Jul., 85,-2. (Horn., II., xvi., 795.)— 3. (Schol. ad 
Theo;r., Idyll., i., 34.)— 4. (Horn., II., xxiii., 141.)— 5. (Soph., 
(Ed. Col., 1465.— Antig., 419.)— 6. (Hesych.)— 7. (Aristoph., 
Thesm., 547.)— 8. (Nonius, s. v. )— 9. (^Esch., Sept. c. Theb., 
663.— Eurip., Iph. Taur., 7a)— 10. (Blomf., Gloss, ad ^Esch., 
Pers., 664.)— 11. (Thucyd., i., 6.^—12. (Schol. ad Thucyd., I.e.) 
-13. (Chamber xii., No. 19.) — 14. (Thucyd., i., 6.— Virg., Ciris, 
128.) 




8. Kepaf {Kepa ay/iae 2 ), a term used when the 
hair was combed up from the temples on each side, 
so as to give it the appearance of two horns, as is 
seen in the heads of fawns and satyrs, and in the 
bust of Jupiter introduced below. 9. Klkivvoc, 3 
Trlox/iog* x^dah 6 the hair which falls in ringlets, 
either natural or artificial, which was sometimes 
called fiooTpvxog and TcloKa/ioc. 6 All these terms, 
when strictly appropriated, seem to designate that 
singular style of coiffure which is observable in 
Etruscan and early Greek works, and common to 
both sexes, as is seen in the casts from the temple 
of Jupiter Panhellenius in the British Museum. 

Besides the generic coma, the Romans made use 
of the following terms, expressive of some peculiar 
qualities in the hair, or particular mode of arrange- 
ment : 1. Capillus, according to the old etymolo 
gists, quasi capitis pilus. 2. Crinis, the hair when 
carefully dressed. 7 3. Casaries, which is said, 
though without much probability, to be connected 
with cado, the hair of the male sex, because they 
wore it short, whereas the women did not. 4. Cin- 
cinnus, ninivvoc* the hair when platted and dress- 
ed in circles, like the head on page 21 (vid. Acus), 
as it is still worn by the women of Mola di Gaieta 
(Formia). Martial 9 terms these circles annuli, and 
Claudian 10 orbes. 5. Cirrus, a lock of curly hair 
The locks which fell over the forehead were termed 
capronce, 11 quasi a capite prona, 1 * npoicofiiov ; 13 those 
which fell from the temples over the ears, antics. 1 * 
Both the antics and caprona are accurately traced in 
the figure of Cupid bending his bow, in the British 
Museum, from which the following woodcut is ta- 
ken. 1 * 




All the Greek divinities are distinguished by a 
characteristic coiffure, modified in some respects as 
the arts progressed, but never altered in character 
from the original model ; so that any person tolera- 
ably conversant with the works of Greek art may 
almost invariably recognise the deity represented 
from the disposition of the hair. We proceed to 
specify some of the principal ones. 

The head of the lion is the type upon which that 



1. (Chamber ii., No. 12.)— 2. (Schol. ad II., xi., 385.— Com- 
pare Juv., Sat., xiii., 165. — Virg., ^En., xii., 89.) — 3. (Aristoph., 
Vesp., 1069.)— 4. (II., xvii., 52.)— 5. (Soph., Electr., 52.)— 6 
(Pollux, Onom., ii., 28.)— 7. (Hor., Carm., I., xv.,20.)— 8 (Cic, 
c. Pison., 11.— Plaut., True, II., ii., 32.)— 9. (Ep., ii., 6t>, 2.)— 
10. (Proserp., xxxv., 15.)— 11. (Apul., Met., i., r- 14, ed - 0u 
dendorp.)— 12. (Nonius, s. v.— Lucil., Sat., xv.)--13. (Pollux 
Onom., vii., 95 ; x., 170.)— 14. (Apul., 1. c— Isidor., Orig., xi*. 
31.)— 15. (Chamber vi., No. 22.— Compare xi., 23.) 

291 



COMA. 



COMA. 



of Jupiter is formed, particularly in the disposition 
of the hair, which rises from the forehead, and falls 
back in loose curls down the sides of the face, until 
it forms a junction with the beard. This is illus- 
trated by the next two woodcuts, one of which is 
from a statue of Jupiter in the Vatican, supposed to 
be a copy of the Phidian Jove ; and the other is a 
lion' 3 head, from the British Museum." The same 




disposition of the hair is likewise preserved in all 
the real or pretended descendants from Jupiter, 
such as iEsculapius, Alexander, &c. 

Pluto or Serapis has the hair longer, straighter, 
and lower over the forehead, in order to give sever- 
ity to the aspect, and with the modius on his head, 
as represented in the next drawing, from the British 
Museum. 8 The modius is decorated with an olive 
branch, for oil was used instead of wine in sacri- 
fices to Pluto.* 




from a very beautiful and early Greek sculpture in 



The hair of Neptune is cut finer and sharper 
*han that of Jupiter. It rises from the forehead, 
and then falls down in flakes, as if wet, in the 
manner represented in the following head, from the 
British Museum.* 




Apollo is usually represented with the KpuBvhog ; 
but when the hair is not tied up on the top of the 
head, it is always long and flowing over the neck 
and shoulders, as represented in the next woodcut, 




the British Museum. 1 Hence he is called inlonsu* 
and anepGEKOfiris? 

Bacchus also wears his hair unshorn ; for he, as 
well as Apollo, is typical of perpetual youth : 

" Solis tzterna est Phcebo Bacchoque juvenlas, 

Nam decet intonsus crinis utrumque Deam." 3 

In the mature age of Greek art, Mercury has 
short curly hair, as represented by the .head on the 
left hand in the woodcut below, from a statue in the 
Vatican, which was for a long time falsely ascribed 
to Antinous ; but in very early Greek works ho is 



1 (Chamber ii.. No. 13.)— 2. (Chamber vii., No. 68.)- 
Virg., JEn., vi., 254.)— 4. (Chamber xi., No. 27.) 
292 



-3. 




represented with braided hair, in the Etruscan style, 
and a sharp-pointed beard (see the right hand wood- 
cut, from an altar in the museum of the Capital at 
Rome), whence he is termed coTjvoTruyuv .* 

Hercules has short, crisp hair, like the curls be- 
tween the horns of a bull, the head of which animal 
formed the model for his, as is exemplified in the 
subjoined drawings, one being the head of the Far- 
nese Hercules, the other that of a bull, from a bas- 
relief at Rome, in which all the characteristics of 
Hercules, the small head, thick neck, and particular 
form of the hair, are strongly preserved. 




The hair of Juno is parted in the front, and en the 
top of the head is a kind of diadem, called in Latin 
corona, and in Greek ctyevdovr}, from its resemblance 
to a sling, the broad part of which is placed above 
the, forehead, while the two lashes act as bands to 
confine the hair on the sides of the head, and fasten 
it behind,* in the manner represented in the next 
woodcut, from the British Museum. 6 

1. (Chamber iv., No. 2.)— 2. (Horn., Hymn, ad A poll., 134. — 
Compare 450.) — 3. (Tibull., I., iv.. 38.— Compare Euvip., Bacrh., 
455.— Seneca, Hippol., 752— Id., (Ed., 416.)— 4. (Pollux, OnciR., 
iv., 143, 145.— Compare Paus.. vii., 22, (/ 2.)— 5. (Eustatb *J 
Pionys Perieeret.. v., 7.) — 6. 'Chamber xii., No. 3 » 



COMA. 



COMA, 




Pajlas is larely seen without her helmet ; but 
when poitrayed with her head uncovered, the hair 
is tied up in a knot at some distance from the head, 
and then falls from the band in long parallel curls. 

Venus and Diana are sometimes adorned with 
the KopvuGot; (woodcut, p. 291); but both these di- 
vinities are more frequently represented with their 
bair dressed in the simple style of the young Greek 
girls, 1 whose hair is parted in front, and conducted 
round to the back, so as to conceal the upper part 
of the ears. It is then tied in a plain knot at the 
nape of the neck, or, at other times, though less 
frequently, at the top of the head ; both of which 
fashions are represented in the two woodcuts sub- 
joined ; one, that on the left, a daughter of Niobe ; 
and the other from a bas-relief at Rome. 




For the other styles of Venus and Diana, see the 
Venus di Medici, and British Museum, Chamber ii., 
No. 8 ; hi., 13 ; iv., 11 ; xii., 19 ; and Venus of the 
central saloon : the other ornaments sometimes 
seen in statues of Diana are works of a later age. 

Fair hair was much esteemed both by the Greeks 
and Romans ; hence, in some of the statues, the hair 
was giit, remains of which are discernible in the 
Venus di Medici, and in the Apollo of the Capitol ; 
and both sexes dyed their hair when it grew gray. 2 

False hair, or wigs, tyevuKr), tc7jv(ktj, n6ftat irpoaOE- 
Tai, rptxec npoadiTai, galerus, were also worn by the 
people of both countries. 3 

In very early times the Romans wore their hair 
long, as was represented in the oldest statues during 
the age of Varro,* and hence the Romans of the 
Augustan age designated their ancestors intonsi 5 
and capillali. 6 But this fashion did not last after 
the year B.C. 300, as appears by the remaining 
works of art. The women, too, dressed their hair 
with simplicity, at least until the time of the em- 
perors, and probably much in the same style as 
those of Greece ; but at the Augustan period a va- 
riety of different head-dresses came into fashion, 
many of which are described by Ovid. 7 Four spe- 
cimens of different periods are given below. The 

1. (Compare Pans., viii., 20, t) 2 ; x., 25, $ 2.)— 2. (Aristoph., 
Eccles., 736.— Mart., Epig., iii., 43.— Propert., II., xviii., 24, 28.) 
— 3. (Pollux, Onom., ii., 30 ; x., 170. — Etyinol. Mag., s. v. 
Aian-i/vjK/Iu) and QtvaKioQivrts.— Xen., Cyrop., i., 3, 1) 2. — Polvb., 
ui., 78.— Juv., Sat., vi., 120.)— 4. (De Re Rust., II., xi., 10.)— 
5. (Ovid, Fast , it, 30.)— 6. (Juv., Sat., vi , 30.)— 7. (Art. Am., 
iii. . 136, &c.) 



first head on the left represents Octavia, the niece 
of Augustus, from the museum in the Capitol at 
Rome ; the next, Messalina, fifth wife of the Em- 
peror Claudius ; the one below, on the left, Sabina, 
the wife of Hadrian ; and the next, Plautilla, the 
wife of Caracalla, which three are from the British 
Museum. 1 




Both countries had some peculiar customs con- 
nected with the growth of their hair, and illustrative 
of their moral or physical conditions. The Spartans 
combed and dressed their heads with especial care 
when about to encounter any great danger, in which 
act Leonidas and his followers were discovered by 
the spies of Xerxes before the battle of Thermopy- 
lae. 2 The sailors of both nations shaved off their 
hair after an escape from shipwreck or other heavy 
calamity, and dedicated it to the gods. 3 In the ear- 
lier ages, the Greeks of both sexes cut their hair 
close in mourning ; 4 but, subsequently, this practice 
was more exclusively confined to the women, the 
men leaving theirs long and neglected, 8 as was the 
custom among the Romans. 6 

In childhood, that is, up to the age of puberty, the 
hair of the males was suffered to grow long among 
both nations, when it was clipped and dedicated to 
some river or deity, from thence called KovpoTp6<[>o<: 
by the poets, 7 and, therefore, to cut off the hair 
means to take the toga virilis. 8 At Athens this 
ceremony was performed on the third day of the 
festival Apaturia, w r hich is therefore termed Kovpe ■ 
uric. 

In both countries the slaves were shaved as a 
mark of servitude. 9 

The vestal virgins also cut their hair short upon 
taking their vows ; which rite still remains in the 
Papal Church, in which all females have their hair 
cut close upon taking the veil. 

1. (Chamber vi., Nos. 65, 58, 39.)— 2. (Herod., vii., 209.)— 3. 
(Anthol., Epigr. Lucian, 15.— Juv., Sat., xii., 81.) — 4. (CM., iv.. 
198.— II., xxiii., 141.— Soph., Aj., 1174.— Eurip., Elect, , 148. 
241,337.— Phcen., 383.— Iph. Aul., 1448.— Troad, 484.— Helen. 
1096, 1137, 1244.)— 5. (Plutarch, Quaest. Rom., p. 82, ed.Reiske.) 
—6. (Ovid, Epist., x., 137.— Virg., JEn., iii., 65 ; xi., 35.)— 7. 
(Anthol., Epig. Antiph. Th., 21.— Mart., Epig., I., xxxii., 1 , 
TX., xvii., 1.)— 8. (Id., IX., xxxvii., 11.)— 9. (Ai stoph., Aves, 
911.— Plaut., Amph., I., i., 306.— Compare Lucar , i., 442.— Po- 
iyb., Eclog., xcvii.— Appian, Mithradat., p. 296, ed. Tolbus V 

'i93 



COMISSATIO. 



COMIT1A. 



*COM'AROS (Kopapof), the wild Strawberry-tree, 
or Arbutus Unedo. (Vid. Arbutus.) 

♦COMBRETUM, a plant mentioned by Pliny, 1 
who makes it closely resemble the Bacchar. Mod- 
ern botanists, however, taking Pliny's own descrip- 
tion as their guide, do not agree with him in opin- 
ion on this head. Caesalpinus makes the Combre- 
tum (written sometimes Combetum) to be the same 
with a species of rush, called in Tuscany Herba lu- 
ziola, and which has been referred to the Luzeola 
maxima, L. a 

*COME {ko^itj), a plant, the same with the rpayo- 
rrtjjuv, or Crocifolium Tragopogon, so called from 
its leaves resembling those of the Crocus. Sibthorp 
found it growing in Cyprus. 3 

COMES. The word comes had several meanings 
in the Latin of the Middle Ages, for which the read- 
er is referred to Du Fresne's Glossary and Supple- 
ment, s. v. In classical writers, and even to the 
end of the fourth century, its senses are compara- 
tively few. 

First it signified a mere attendant or companion, 
distinguished from socius, which always implied 
some bond of union between the persons mention- 
ed. Hence arose several technical senses of the 
word, the connexion of which may be easily traced. 

It was applied to the attendants on magistrates, 
in which sense it is used by Suetonius.* In Hor- 
ace's time 5 it was customary for young men of fam- 
ily to go out as contubernales to governors of prov- 
inces and commanders-in-chief, under whose eye 
they learned the arts of war and peace. This seems 
to have led the way for the introcuction of the co- 
mites at home, the maintenance of whom was, in 
Horace's opinion, 6 one of the miseries of wealth. 
Hence a person in the suite of the emperor was 
termed comes. As all power was supposed to flow 
from the imperial will, the term was easily trans- 
ferred to the various offices in the palace and in the 
provinces (comites palatini, provinciales). About the 
time of Constantine it became a regular honorary 
*itle, including various grades, answering to the co- 
mites ordinis primi, secundi, tertii. The power of 
these officers, especially the provincial, varied with 
time and place; some presided over a particular 
department with a limited authority, as we should 
term them, commissioners ; others were invested 
with all the powers of the ancient proconsuls and 
praetors. 

The names of the following officers explain them- 
, selves : Comes Orientis (of whom there seem to 
have been two, one the superior of the other), comes 
Egypti, comes Britannia, comes Africa, comes rei 
militaris, comes portuum, comes stabuli, comes domes- 
ticorum equitum, comes clibanarius, comes lintea tes- 
tis or vestiarii (master of the robes). In fact, the 
emperor had as many comites as he had duties : 
thus, comes consistorii, the emperor's privy-council- 
Jor ; comes largitionum privatarum, an officer who 
managed the emperor's private revenue, as the co- 
mes largitionum sacrarum did the public exchequer. 
The latter office united, in a great measure, the 
functions of the aedile and quaestor. The four comi- 
tes commerciorum, to whom the government granted 
the exclusive privilege of trading in silk with bar- 
barians, were under his control. 

COMISSA'TIO (derived from ku/xoc 1 ), the name 
of a drinking entertainment, which took place after 
the ccena, from which, however, it must be distin- 
guished. Thus Demetrius says to his guests, after 
they had taken their ccena in his own house, " Quin 
rommissatum ad fratrem imus ?" 8 and when Habin- 



1. (H. N., xxi., 6.) — 2. (Plin., ed. Panckoucke, vol. xiii., p. 
458.)--3. (Billcrbeck, Flora Classica, p. 201.)— 4. (Jul., 42.)— 
5 (Epist., I., viii., 2.)— 6. (Sat., I., vi., 101.)— 7. (Varro, De 
Lin?. L»t., vii., 89, ed. M'illcr.)— 8. (Liv., xl., 7.) 
294- 



nas comes to Trimalchio's house after taking his 
ccena elsewhere, it is said that " Comissator intra- 
vit." 1 It appears to have been the custom to par 
take of some food at the comissatio, 2 but usually 
only as a kind of relish to the wine. 

The comissatio was freque itly prolonged to a 
late hour at night ; 3 whence the verb comissan 
means " to revel,"* and the substantive comissator 
a " reveller" or " debauchee." Hence Cicero 5 calls 
the supporters of Catiline's conspiracy comissatore* 
conjurationis. 6 

COMI'TIA, or public assemblies of the Roman 
people (from com-eo for coed), at which all the most 
important business of the state was transacted, such 
as the election of magistrates, the passing of laws, 
the declaration of war, the making of peace, and. 
in some cases, the trial of persons charged with 
public crimes. There were three kinds of comitia, 
according to the three different divisions of the Ro- 
man people. 

I. The Comitia Curiata, or assembly of the cu- 
ria, the institution of which is assigned to Romulus. 

II. The Comitia Centuriata, or assembly of the 
centuries, in which the people gave their votes ac- 
cording to the classification instituted by Servius 
Tullius. 

III. The Comitia Tributa, or assembly of the 
people according to their division into the local 
tribes. The first two required the authority of the 
senate, and could not be held without taking the 
auspices; the comitia tributa did not require these 
sanctions. We shall consider the three assemblies 
separately. 

I. Comitia Curiata. This primitive assembly 
of the Romans originated at a time when there waa 
no second order of the state. It was a meeting ol 
the populus, or original burgesses, assembled in their 
tribes of houses, and no member of the plcbs could 
vote at such a meeting. The ancient populus ol 
Rome consisted of two tribes : the Ramnes or Ram- 
nenses, and the Titienses or Tities, called after the 
two patronymic heroes of the state, Romus, Remus, 
oi Romulus, and Titus Tatius ; to which was sub- 
sequently added a third tribe, the Luceres or Lucer- 
enses. Of these last Festus says, in a passage of 
some interest and importance, " Lucereses et Luce- 
res, qua pars tertia populi Romani est distributa a 
Tatio et Romulo, appellati sunt a Lucero, Ardea rege, 
qui auxilic fun Romulo idversus Tatium bellanti." 
From which it may be inferred, that as the Tities 
were Sabines, and the Ramnes the Romans proper, 
so the Luceres were Latins or of a Tyrrhenian stock. 
It will be observed, also, that in this passage of Fes- 
tus the name of Tatius is placed first ; so, also, in 
the same author 7 we have, " Quia civitas Romano, 
in sex est distributa partis, in primos secundosque 
Titienses, Ramnes, Luceres." This seems to point 
to a tradition rather inconsistent with the supposed 
precedency of " the haughty Ramnes" (celsi Ram- 
nes 6 ). 

The different nations of antiquity had each of 
them their own regulative political number, or nu- 
merical basis ; and as 3x4 was this basis with the 
Ionian tribes, so 3x10 seems to have been the ba- 
sis of the Roman state-system. 9 The Athenian so- 
lar year consisted of 365 days ; the Roman cyclic 
year of 304 ; and 360, the number of the houses or 
clans at Athens, bears the same relation to the for- 
mer year that 300, the number of Roman houses, 
does to the latter. The three original tribes of the 
populus or patres were divided into 30 curia, and 

1. (Petron., 65.)— 2. (Suet., Vitell., 13.)— 3. (Suet., Tit., 7.) 
—4. (Hor., Carm., IV., i., 11.)— 5. (Ep. ad Att., i., 16.)— 6. 
(Becker, Gallus, vol. ii., p. 235.)- -7. (s. v. Sex Vestae Sacerdo 
tes.)— 8. (Niebuhr, Hist. Rom., i., p. 300.)— 9 {Vid. Niw Cm 
tylus, p. 186.) 



COMITIA. 



COMITIA. 



each of these into ten houses ; and this number of 
the houses also corresponded to the number of coun- 
cillors who represented them in the senate. The 
division into houses was so essential to the patri- 
cian order, that the appropriate ancient term to des- 
ignate that order was a circumlocution, the patrician 
gentes {gentes patricia). " Plebes dicitur," accord- 
ing to Capito, " in qua gentes civium patricide non in- 
sunt." 1 The derivation of curia from cura, which 
is given by Festus and Varro, is altogether inadmis- 
sible. It is obvious that curia means " the assem- 
bly of the master-burgesses," " the free household- 
ers," "the patroni;" the word contains the same 
element as the Greek nvpioc, Kovpoc, Kovpidioc, Kopoc, 
noipavoc, KvpSac, &c., a which element also appears 
in the Latin quirites, curiates, curiatii, &c. The 
word quirites appears to be nearly identical with 
Kovpnrec, which signifies " noble warriors ;" as in 
Homer, 3 Kpivuuevoc novpnrac apiarr/ac Uavaxaiuv. 
The same root is also contained in the Sanscrit eu- 
ros, " a hero." In the same way as the Greeks 
used tcvpcog of the head of a family, the Romans 
spoke of the free burgess and his wife as patronus 
and matrona in reference to their children, servants, 
and clients. 4 These last, so called from cluere — the 
clientes, the h'drigern, the " hearers" or dependants 
'-were probably, in the first instance, aliens, natives 
of cities having an isopolitan relation with Rome, 
who had taken up their franchise there by virtue of 
the jus exsulandi and the jus applications ; and most 
likely their relation to the patronus, or man of the 
curia, was analogous to that subsisting between the 
resident alien and his irpoardTng in a Greek state, 
f hese clients belonged to the gentes of their pa- 
'rons ; as, however, the clients and the descendants 
of freedmen were classed among the aerarians in 
reference to the franchise at the comitia majora, it 
is exceedingly improbable that they would vote with 
their patroni at the comitia curiata. From the num- 
ber of houses which they contained, the patrician 
tribes were called centuries ; 5 and the three new 
centuries formed by Tarquinius were tribes of 
houses who voted in the comitia curiata like the 
original patricians. They were united with the old 
tribes under the name of the sex suffragia, or " the 
six votes" — " Sex suffragia appellantur in equitum 
centuriis, quiz sunt adfecta ei numero centuriarum, 
quas Priscus Tarquinius rex constituit." 6 But the 
number of curiae continued the same, according to 
one or other of the following solutions which Nie- 
buhr has suggested : 1. The 300 houses may have 
been still complete, and 300 new houses were ad- 
mitted into the tribes, so as to assign 20 houses to 
each curia ; the number of the curiae continuing un- 
altered, but 5 curias instead of 10 being reckoned to 
the century. 2. But more probably the houses had 
fallen short. Suppose there were now only 5 to 
the curia. Then, if the 150 houses were collected 
into half the number of curiae, the remaining 15 cu- 
riae might be filled up with newly-adopted houses, 
the ancient proportion of 10 houses to a curia re- 
maining undisturbed. " This latter hypothesis," 
says Niebuhr, 7 "is confirmed, and almost establish- 
ed, by the statement that Tarquinius doubled the 
senate, raising the number from 150 to 300 ; only 
here two changes are confounded, between which 
a considerable interval would probably elapse " Al- 
though the number of patrician curiae remained un- 
changed by this measure of Tarquinius, it seems in- 
dubitable that it was considered as an increase in 
the number of the patrician tribes of houses, as, in- 
deed, the name implies, and as Festus, 8 quoted 

1. (Gellius, x., 20.— Niebuhr, i., p. 316.)— 2. (New Cratylus, 
p. 410.)— 3. (II., xix., 193.)— 4 (Niebuhr, i., p. 317.)— 5. (Com- 
pare Livy, i., 13, with x., 6.)— 0. (Festus.)— 7 (i., p. 393.)— 8. 
Is v. Sex Vest* Sacerdotes.) 



above, most expressly states ; the new and old 
tribes being distinguished as first and second Tities, 
Ramnes, and Luceres. 

The comitia curiata, which were thus open to the 
original burgesses alone, were regarded as a meet- 
ing principally for the sake of confirming some or- 
dinance of the senate : a senatus consultant was an 
indispensable preliminary ; and with regard to elec- 
tions and laws, they had merely the power of con- 
firming or rejecting what the senate had already 
decreed. 1 The two principal reasons for summon- 
ing the comitia curiata were, either the passing of a 
lex curiata de imperio. or the elections of priests. 
The lex curiata de imperio, which was the same as 
the auctoritas patrum, 2 was necessary in order to 
confer upon the dictator, consuls, and other magis- 
trates the impcrium, or military command ; without 
this they had only a potestas, or civil authority, and 
were not allowed to meddle with military affairs. 
And thus Livy makes Camillus speak of the comitia 
curiata, qua. rem militarem continent, as distinguish- 
ed from the " comitia centuriata, quibus consules trib- 
unosque militares creatis." 3 The comitia curiata were 
also held for the purpose of carrying into effect the 
form of adoption called adrogatio, for the confirma- 
tion of wills, and for the ceremony called the detes- 
tatio sacrorum. They were held in that part of the 
Forum which was called comitium, and where the 
tribunal (suggestum) stood. The patrician magis- 
trates properly held the comitia curiata ; or, if the 
question to be proposed had relation to sacred rights, 
the pontifices presided. They voted, not by houses, 
but by curia; this was probably the reason why 
Tarquinius was careful not to alter the number of 
the curiae when he increased the number of the 
tribes. In after times, when the meetings of the 
comitia curiata were little more than a matter of 
form, their suffrages were represented by the thirty 
lictors of the curia, whose duty it was to summon 
the curia when the meetings actually took place, 
just as the classes in the comitia centuriata were 
summoned by a trumpeter (cornicen or classicus). 
Hence, when the comitia curiata were held for ths 
inauguration of a flamen, for the making of a will, 
&c, they were called specially the comitia calata, 
or "the summoned assembly." 

II. The Comitia Centuriata, or, as they were 
sometimes called, the comitia majora, were a result 
of the constitution generally attributed to Servius 
Tullius, the sixth king of Rome. The object of this 
legislator seems to have been to unite in one body 
the populus or patricians — the old burgesses of the 
three tribes, and the plebs or pale-burghers — the 
commonalty who had grown up by their side, and 
to give the chief weight in the state to wealth and 
numbers rather than to birth and family preten- 
sions. With a view to this, he formed a plan, by 
virtue of which the people would vote on all impor- 
tant occasions according to their equipments when 
on military service, and according to the position 
which they occupied in the great phalanx or army 
of the city : in other words, according to their prop- 
erty ; for it was this which enabled them to equip 
themselves according to the prescribed method. In 
many of the Greek states the heavy-armed soldiers 
were identical with the citizens possessing the full 
franchise ; and instances occur in Greek history 
when the privileged classes have lost their preroga- 
tives, from putting the arms of a full citizen into the 
hands of the commonalty ; so that the principle 
which regulated the votes in the state by the ar- 
rangement of the army of the state, was not pecu • 
liar to the constitution of Servius. This arrange 
ment considered the whole state as forming a reg 

1. (See the passage quoted by Niebuhr, ii., p. 179.)— 2. (Nie- 
buhr, i., p. 331.)— 3. (Liv., v., 52.) 

295 



COMITIA. 



COMITiA. 



iL&r army, with its cavalry, heavy-armed infantry, 
reserve, carpenters, musicians, and baggage-train. 
The cavalry included, first, the six equestrian cen- 
turies, or the sex suffragia, which made up the body 
of the populus, and voted by themselves in the comi- 
tia curiata ; to which were added twelve centuries 
of plebeian knights, selected from the richest mem- 
bers of the commonalty. The foot-soldiers were 
organized in the following five classes: 1. Those 
whose property was at least 100,000 asses, or pounds' 
weight of copper. They were equipped in a com- 
plete suit of bronze armour. In order to give their 
wealth and importance its proper political influence, 
they were reckoned as forming 80 centuries, name- 
ly, 40 of young men ( junior es) from 17 to 45, and 
40 of older men {seniores) of 45 years and upward. 
2. Those whose property was above 75,000 and 
under 100,000 asses, and who were equipped with 
the wooden scutum instead of the bronze clipeus, 
but had no coat of mail. They made up 20 centu- 
ries, 10 of junior es and 10 of seniores. 3. Those 
whose property was above 50,000 asses and below 
75,000, and who had neither coat of mail nor greaves. 
They consisted of the same number of centuries as 
the second class, similarly divided into juniores and 
seniores. 4. Those whose property was above 25,000 
asses and below 50,000, and who were armed with 
the pike and javelin only. This class also contain- 
ed 20 centuries. 5. Those whose property was 
between 12,500 and 25,000 asses, and who were 
armed with slings and darts. They formed 30 cen- 
turies. The first four classes composed the pha- 
lanx, the fifth class the light-armed infantry. Those 
citizens whose property fell short of the qualification 
for the fifth class were reckoned as supernumera- 
ries. Of these there were two centuries of the ac- 
censi and velati, whose property exceeded 1500 as- 
ses ; one century of the proletarii, whose property 
was under 1500 asses and above 375 ; and one cen- 
tury of the capite-censi, whose property fell short of 
375 asses. All these centuries were classed ac- 
cording to their property : but, besides these, there 
were three centuries which were classed according 
to their occupation : the fabri, or carpenters, attach- 
ed k ,Q the centuries of the first class ; the cornicines, 
or horn-blowers, and the tubicines or liticines, the 
trumpeters, who were reckoned with the' fourth 
class. Thus there would be in all 195 centuries, 
18 of cavalry, 140 of heavy infantry, 30 of light in- 
fantry, four of reserve and camp-followers, and three 
of smiths and musicians. In voting, it was intend- 
ed to give the first class and the knights a prepon- 
derance over the rest of the centuries, and this was 
effected as we have just mentioned ; for the first 
class, with the knights and the fabri, amounted to 
99 centuries, and the last four classes, with the 
supernumeraries and musicians, to 96 centuries, 
who were thus outvoted by the others, even though 
they themselves were unanimous. See the remark- 
able passage from Cicero, 1 most ingeniously re- 
stored by Niebuhr. 2 Even if we suppose that the 
fabri were expected to vote rather with the lower 
classes than with the first class to which they were 
assigned, the first class, with the knights, would 
still have a majority of one century. The same 
principle was observed when the army was serving 
in the field. As the centuries of seniores consisted 
of persons beyond the military age, the juniores 
alone are to be taken into the account here. The 
first class sent its 40 centuries of juniores, of which 
30 formed the principes, and 10 w T ere posted among 
the triarii, who, as Niebuhr suggests, probably owed 
their name to the fact that they were made up out 
of all the three heavy-armed classes ; the second 

I. (De Republica.)— 2. (i., p> 444.) 

we- 



and third classes furnished 20 centuries apiece, t. e+ 
twice the number of their junior votes, and 10 from 
each class stood among the triarii, the rest being 
hastati with shields ; the fourth class supplied 10 
centuries, the number of its junior votes, who form- 
ed the hastati without shields ; the fifth class fur- 
nished 30 centuries, twice the number of its junior 
votes, who formed the 30 centuries o rorarii. To 
these were added 10 turmce of cavalry, jr 300 men. 
This was the division and arrangement of the army 
as a legion. But when it was necessary to vote in 
the camp, they would, of course, revert to the prin- 
ciples which regulated the division of the classes 
for the purpose of voting at home, and would re- 
unite the double contingents. In this way, we have 
85 centuries of junior votes, or 90 with the five 
unclassed centuries ; that is to say, we have again 
3x30, the prevailing number in Roman institutions. 
Of these, the first class with the fabri formed 41 
centuries, leaving 49 for the other centuries ; but 
with the first class the 10 turma of the cavalry 
would also be reckoned as ten centuries, and the 
first class would have 51, thus exceeding the other 
moiety by 2. 

Such were the principles of the classification ol 
the centuries, as it has been developed by Niebuhr. 
Their comitia w r ere held in the Campus Martins 
without the city, where they met as the exercitus 
urbanus, or army of the city ; and, in reference to 
their military organization, they were summoned 
by the sound of the horn, and not by the voice of 
the lictors, as was the case with the comitia curi- 
ata. 

On the connexion of this division into centuries 
with the registration of persons and property, see 
Censors and Census. The general causes of as- 
sembling the comitia centuriata were, to create ma- 
gistrates, to pass laws, and to decide capital causes 
when the offence had reference to the whole na- 
tion, and not merely to the rights of a particular 
order. They were summoned by the king, or by 
the magistrates in the Republic who represented 
some of his functions, that is, by the dictator, con 
suls, praetors, and, in the case of creating magrs- 
trates, by the interrex also. The praetors could 
only hold the comitia in the absence of the consuls, 
or, if these were present, only with their permis- 
sion. The consuls held the comitia for the appoint- 
ment of their successors, of the praetors, and of the 
censors. It was necessary that seventeen days' 
notice should be given before the comitia were held. 
This interval was called a trinundinum, or " the 
space of three market-days" (Ires nundince, "three 
ninth-days"), because the country people came to 
Rome to buy and sell every eighth day, according 
to our mode of reckoning, and spent the interval of 
seven days in the country (reliquis septem rura cole- 
bant 1 ). The first step in holding the comitia was to 
take the auspices. The presiding officer, accom- 
panied by one of the augurs (augure adhibito), pitch- 
ed a tent (tabcrnaculum cepit) without the city, for 
the purpose of observing the auspices. If the tent 
was not pitched in due form, all the proceedings of 
the comitia were utterly vitiated, and a magistrate 
elected at them was compelled to abdicate his of- 
fice, as in the case mentioned by Livy, a " Non tamen 
pro firmato stelit magistratus ejus jus : quia terlio 
mcnse, quam inierunt, augurum decreto, perindc ac 
vitio creati, honore abierc : quia C. Curtius, qui comi- 
liis eorum prafuerat, parum recte tabcrnaculum ce- 
pisset.'' 3 The comitia might also be broken off by a 
tempest ; by the intercession of a tribune ; if the 
standard, which was set up in the Janiculum, was 
taken down ; or if any one was seized with the epi 

1. (Varro, De Re Rust., Prsfat.)— 2. (iv., "!.)— 3. (C>rara* 
Cic, De Nat. Deor., ii., 4.) 



COMITIA. 



COMITIA. 



lepsy, which was from this circumstance called the 
morbus comilialis. 

The first step taken at the comitia centuriata was 
for the magistrate who held them to repeat the 
words of a form of prayer after the augur. Then, 
in the case of an election, the candidates' names 
were read, :r, in the case of a law or a trial, the 
proceedings or bills were read by a herald, and dif- 
ferent speakers were heard on the subject. The 
question was put to them with the interrogation, 
"Vclitis, jubeatis, Quirkes!" Hence the bill was 
called rogalio, and the people were said jubcre legem. 
The form of commencing the poll was : " Si vobis 
•sidetur, disccdite, Quiritcs," or " Ite in suffragium, 
bene jurantibus diis, et qua patres censuerunt, vos 
jubete." 1 . The order in which the centuries voted 
was decided by -lot; and that which gave its vote 
first was called the centuriaprarogativa. 3 The rest 
were called jure vocata. 3 In ancient times the peo- 
ple were polled, as at our elections, by word of 
mouth. But at a later period the ballot was intro- 
duced by a set of special enactments (the leges tab- 
ellaria), having reference to the different objects in 
voting. These laws are enumerated by Cicero :* 
,; Sunt enim quattuor leges tabellariae : quarum pri- 
ma de magistratibus mandandis ; ea est Gabinia, 
lata ab homine ignoto et sordido. Secuta biennio 
post Cassia est, de populi judicio, a nobili homine 
lata L. Cassio, sed (pace familiae dixerim) dissidente 
a bonis atque omnes rumusculos populari ratione 
aucupante. Carbonis est tertia, de jubendis legibus 
et vetandis, seditiosi atque improbi civis, cui ne re- 
ditus quidem ad bonos salutem a bonis potuit afferre. 
Uno in genere relinqui videbatur vocis suffragium, 
quod ipse Cassius exceperat, perduellionis. Dedit 
huic quoque judicio C. Ccelius tabellam, doluitque 
quoad vixit, se, ut opprimeret C. Popilium, nocuisse 
reipublica\" The dates of these four bills for the 
mtrDduction of ballot at the comitia centuriata are as 
follow : 1 . The Gabinian law, introduced by Gabin- 
ms, the tribune, in B.C. 140. 2. The Cassian law, 
B.C. 138. 3. The Papirian law, introduced by C. 
Papirius Carbo, the tribune, in B.C. 132. 4. The 
Caelian law, B.C. 108. In voting, the centuries 
were summoned in order into a boarded enclosure 
(septum or ovile), into which they entered by a nar- 
row passage (pons) slightly raised from the ground. 
There was probably a different enclosure for each 
century, for the Roman authors generally speak of 
them h vhe plural. The tabella with which they had 
to ball t were given to the citizens at the entrance of 
the pf 'is by certain persons called diribitores ; and 
here ntimidation was often practised. If the busi- 
ness* of the day were an election, the tabella had the 
initi ds of the candidates. If it were the passing or 
rej' ition of a law, each voter received two tabelloe : 
one inscribed U. R., i. e., uti rogas, "I vote for the 
law ;" the other inscribed A., i. e., antiquo, " I am for 
the old law." Most of the terms are given in the fol- 
lowing passage of Cicero : 5 " Quu.n dies venisset 
rogationi ex S. C. ferendae, concursabant barbatuli 
juvenes, et populum, ut antiquaret, rogabant. Piso 
autcm consul, lator rogationis, idem erat dissuasor. 
Operae Clodinae pontes occuparant : tabella ministra- 
bantur, ita ut nulla daretur uti rogas." In the old 
system of polling, each citizen was asked for his 
vote by an officer called rogator, or "the polling- 
clerk." 4 Under the ballot system they threw which- 
ever tabella they pleased into a box at the entrance 
of the booth, and certain officers, called custodes, 
were standing to check off the votes by points 
ipuncta) marked on a tablet. Hence punctum is 
used metaphorically to signify " a vote," as in Hor- 

1. (Liv., xxxi., 7.)— 2. (Liv., v., 18.)— 3. (Liv., xxvii., 6.)— 4. 
De Leg., Hi., 16, t> 35.)— 5. (Ep. ad Att., i., 14.)— 6. (Cic, De 
Liv , i., 1" ; ii., 35. — De Nat. Deor., ii., 4.1 
Pp 



ace, 1 " Discedo Alcaeus puncto illius ;" and we have* 
the metaphor at greater length, 

" Centuria seniorum agitant expertia frugis , 
Celsi praetereunt austera poemata Ramnes ; 
Omne tulit punctum qui miscuit utile dulci." 8 

The diribitores, rogatores, and custodes were gener- 
ally friends of the candidates, who voluntarily un- 
dertook these duties. 3 But Augustus selected 900 
of the equestrian order to perform the latter offices. 

The acceptance of a law by the centuriata comitia 
did not acquire full force till after it had been sanc- 
tioned by the comitia curiata, except in the case of 
a capital offence against the whole nation, when 
they decided alone. The plebeians originally made 
their testaments at the comitia centuriata, as the pa- 
tricians did theirs at the comitia curiata ; and as the 
adrogatio required a decree of the curia;, so the 
adoption of plebeians must have required a decree 
of the centuria ; and as the lictors of the curia rep- 
resented them, so those transactions which re- 
quired five witnesses were originally perhaps car- 
ried into effect at the comitia centuriata, the five 
classes being represented by these witnesses.* 

III. The Comitia Tributa were not established 
till B.C. 491, when the plebs had acquired some 
considerable influence in the state. They were an 
assembly of the people according to the local tribes, 
into which the plebs was originally divided : for the 
plebs or commonalty took its rise from the formation 
of a domain or territory, and the tribes of the com- 
munity or pale-burghers were necessarily local, that 
is, they had regions corresponding to each of them , 
therefore, when the territory diminished, the num- 
ber of these tribes diminished also. Now, accord- 
ing to Fabius, there were originally 30 tribes of 
plebeians, that is, as many plebeian tribes as there 
were patrician curia. These 30 tribes consisted of 
four urban and 26 rustic tribes. But at the admis- 
sion of the Crustumine tribe there were only 20 of 
these tribes. So that probably the cession of a 
third of the territory to Porsena also diminished the 
number of tribes by one third. 5 It is an ingenious 
conjecture of Niebuhr's, that the name of the 30 lo- 
cal tribes was perhaps originally different, and that 
only 10 of them were called by the name tribus ; 
hence, after the diminution of their territory, there 
would be only two tribes, and the two tribuni plebis 
would represent these two tribes. 6 

Such being the nature of the plebeian tribes, no 
qualification of birth or property was requisite to 
enable a citizen to vote in the comitia tributa; who- 
ever belonged to a given region, and was, in conse- 
quence, registered in the corresponding tribe, had a 
vote at these comitia. They were summoned by 
the tribuni plebis, who were also the presiding ma- 
gistrates, if the purpose for which they were called 
was the election of tribunes or aediles ; but consuls 
or praetors might preside at the comitia tributa, if 
they w'ere called for the election of other inferior 
magistrates, such as the quaestor, proconsul, or pro- 
praetor, who were also elected at these comitia. 
The place of meeting was not fixed. It might be 
the Campus Marlius, as in the case of the comitia 
majora, the Forum, or the Circus Flamininus. Their 
judicial functions were confined to cases of lighter 
importance. They could not decide in those'refer- 
ring to capital offences. In their legislative capn 
city they passed plcbiscita, or "decrees of the plebs/' 
which were originally binding only on themselves 
At last, however, the plebiscila were placed on tW 
same footing with the leges, by the Lex Hortensia 
(B.C. 288), and from this time they could pass 



1. (Epist.,II., ii., 99.)— 2. (Epist. ad P> , 341-343.)— 3. (Cic 
in Pis., 15.— Post. Red. in Sen., 1I>- 1. (Niebuhr, i., p. 474.',- 
5. (Niebuhr. i., p. 408-411.)— 6. ( *12.) 

297 



COMMISSI R1A LEX. 



COMCEDIA. 



whatever legislative enactments they pleased, with- 
out or against the authority of the senate. 1 

COMMEATUS, a furlough, or leave of absence 
from the army for a certain time. 8 If a soldier ex- 
ceeded the time allowed him, he was punished as 
a deserter, unless he could show that he had been 
detained by illness, or some other cause, which ab- 
solutely prevented his return. 3 

OOMMENTA'RIUS or COMMENTA'RIUM 
meant a book of memoirs or memorandum-book, 
whence the expression Csesaris Commentarii (Hinc 
Casar libros de bellis a se gestis commentaries in- 
scripsit, quod nudi essent omni ornatu orationis, ian- 
quam vesle detracto*). Hence it is used for a law- 
yer's brief, the notes of a speech, &c. d 

In the Digest the word commentariensis frequent- 
ly occurs in the sense of a recorder or registrar ; 
sometimes, as Valerius Maximus 6 uses it, for a re- 
gistrar of prisoners ; in other words, a jailer. 7 A 
military officer so called is mentioned by Asconius, 8 
who probably had similar duties. The word is also 
employed in the sense of a notary or secretary of 
any sort. 

Most of the religious colleges had books called 
Commentarii, as Commentarii Augurum, Pontiftcum. 
(Vid. Fasti.) 

CQMME'RCIUM. (Vid. Civitas, Roman.) 

COMMFSSUM. One sense of this word is that 
of " forfeited," which apparently is derived from 
that sense of the verb committere, which is " to 
commit a crime," or " to do something wrong." 
Asconius says that those things are commissa 
which are either done or omitted to be done by a 
heres against the will of a testator, and make him 
subject to a penalty or forfeiture ; thus, commissa 
hereditas would be an inheritance forfeited for some 
act of commission or omission. Cicero 9 speaks of 
an hypothecated thing becoming commissa ; that is, 
becoming the absolute property of the creditor for 
iefault of payment. A thing so forfeited was said 
in commissum incidere or cadere. Commissum was 
also applied to a thing in respect of which the vec- 
tigal was not paid, or a proper return made to the 
publican i. A thing thus forfeited (vectigalium nom- 
ine) ceased to be the property of the owner, and 
was forfeited, under the Empire, to the fiscus. 10 

COMMISSO'RIA LEX is the term applied to a 
clause often inserted in conditions of sale, by which 
a vendor reserved to himself the privilege of re- 
scinding the sale if the purchaser did not pay his 
purchase-money at the time agreed on. The lex 
commissoria did not make the transaction a condi- 
tional purchase ; for in that case, if the property 
were placed in the hands of the purchaser, and 
damaged or destroyed, the loss would be the loss of 
the vendor, inasmuch as the purchaser, by non-pay- 
ment of the money at the time agreed on, would 
fail to perform the condition ; but it was an abso- 
lute sale, subject to be rescinded at the pleasure of 
the vendor if the money was not paid at the time 
agreed on, and, consequently, if after this agreement 
the property was in the possession of the vendor, 
and was lost or destroyed before the day agreed on 
for payment, the loss fell on the purchaser. If the 
purchaser intended to take advantage of the lex 
commissoria, it was necessary that he should de- 
clare his intention as soon as the condition was 
agreed on. If he received or claimed any part of 
the purchase-money after the day agreed upon, it 
was held that he thereby waved the advantage of 
the lex commissoria. (Vid. Pignus.) 11 

1 (Gains, i., 1.)— 2. (Tacit., Ann., xv., 10.— Liv., iii., 46.)— 
3. (Paulus, Dig. 50, tit. 16, s. 14.)— 4. (Cic.,Brntus, c. 75.)— 5. 
(Sen. in prooem., lib. iii., excerp. controv.)— 6. (v., 4.)— 7. (He- 
sych. et Du Fresne, s. v.)— 8. (in Verr., iii., 28.)— 9. (Ep. ad 
Fam., xiii., 56.) -10. (Dig. 39, tit. 4.— Suet., Calig., 41.)— 11. 
(Dig. 18, tit. 3.) 
298 



COMMU'NI DIVIDU'NDO A'CTIO is one o 

those actions which are called mixtae, from the cii 
cumstance of their being partly in rem and partly i» 
personam ; and duplicia judicia, from the circmn. 
stance of both plaintiff and defendant being equall> 
interested in the matter of the suit, 1 though the per 
son who instituted the legal proceedings was proper 
ly the actor. This action was maintainable betvveei 
those who were joint owners of a corporeal thing 
which accordingly was called res communis ; an<! 
it was maintainable whether they were owners 
(domini), or had merely a right to the publiciana 
actio in rem ; and whether they were socii, as in 
the case of a joint purchase ; or not socii, as in tho 
case of a thing bequeathed to them (legato) by a 
testament ; but the action could not be maintained 
in the matter of an hereditas. In this action an 
account might be taken" of any injury done to the 
common property, or anything expended on it, or 
any profit received from it, by any of the joint own- 
ers. Any corporeal thing, as a piece of land or a 
slave, might be the subject of this action. 

It seems that division was not generally effected 
by a sale ; but if there were several things, the ju- 
dex would adjudicate (adjudicare) them severally 3 
to the several persons, and order (condemnare) the 
party who had the more valuable thing or things to 
pay a sum of money to the other by way of equality 
of partition. It follows from this that the things 
must have been valued ; and it appears that a sale 
might be made, for the judex was bound to make 
partition in the way that was most to the advantage 
of the joint owners, and in the way in which they 
agreed that partition should be made; and it ap- 
pears that the joint owners might bid for the thing, 
which was common property, before the judex. If 
the thing was one and indivisible, it was adjudica 
ted to one of the parties, and he was ordered to pay 
a fixed sum of money to the other or others of the 
parties. This action, and that of familise erciscun- 
dae, bear some resemblance to the now abolished 
English writ of partition, and to the bill in equity 
for partition. 3 

COMMODA'TUM is one of those obligationes 
which are contracted re. He who lends to another 
a thing for a definite time, to be enjoyed and used 
under certain conditions, without any pay or reward, 
is called commodans ; the person who receives the 
thing is called commodatarius ; and the contract is 
called commodatum. It is distinguished from mu- 
tuum in this, that the thing lent is not one of those 
things quce pondere, numero, mensurave constant, as 
wine, corn, &c. ; and the thing commodata does 
not become the property of the receiver, who is 
therefore bound to restore the same thing. It dif- 
fers from locatio et conductio in this, that the use 
of the thing is gratuitous. The commodatarius is 
liable to the actio commodati if he does not restore 
the thing ; and he is bound to make good all injury 
which befalls the thing while it is in his possession, 
provided it be such injury as a careful person could 
have prevented, or provided it be any injury which 
the thing has sustained in being used contrary to 
the conditions or purpose of the lending. In some 
cases the commodatarius had an actio contraria 
against the commodans, who was liable for any in- 
jury sustained by the commodatarius through his 
dolus or culpa ; as, for instance, if he knowingly 
lent him bad vessels, and the wine or oil of the com- 
modatarius was thereby lost or injured..* 

COMCEDIA (Kopudia), a branch of dramatic po- 
etry, which originated in Greece, and passed from 
thence into Italy. 

1. (Gaius,iv.,160.)— 2. (Gaius, iv., 42.) — 3. (Dig. 10, tit. a 
— Cic, Ep. ad Fam., vii., 12.— B acton, v., c 33.)— 4 (Dig 13, 
tit. 6.- Instit., iii., 14. 2 1 



COMGEDIA. 



COMCEDlA. 



I. Greek Comedy, like Greek tragedy, arose 
from the worship of Bacchus ; but comedy sprang 
from a more ancient part of Bacchic worship 
than tragedy. A band of Bacchic revellers natu- 
rally formed a comus {nu/iog) ; their song or hymn 
was properly a Kufiudia, or " comus-song," and it 
was not till a comparatively late period that the 
Bacchic ode or dithyramb was performed by a reg- 
ular chorus. From this regular chorus the Tragedy 
of Greece arose [vid. Chorus) ; and to the old co- 
mus of the Bacchic or phallic revellers we may as- 
sign the origin of comedy. It is true that Aristotle 
derives comedy from k6/j.tj, " a village ;" so that 
nuuudia is " the village song :" but this etymology, 
like so many others proposed by Greek authors, is 
altogether inadmissible, however much it may be 
in accordance with the fact that the Bacchic comus 
did go about from village to village — it was a village 
or country amusement ; but it is clear, from the 
manner in which Athenian writers speak of this 
Bacchic procession, that it was a comus ; thus, in 
an old haw, quoted by Demosthenes, 1 r O Kupoe ko.1 
oi KOfiydnt, and Aristophanes, 2 Qalrjc, iralpe Ba/c- 
Xiov, tjoynune : and as the tragedy sprang from the 
recitations of the leaders (ol e^dpxovreg) in the dith- 
yramb, so this comus-song, as a branch of dramatic 
poetry, seems to be due to analogous effusions of 
the leaders in the phallic comus ; and thus Antheas 
the Lindian, according to Athenaeus, 3 Kal Kufi<f)diac 
erroUi Kal uXka izo'AXa kv tovtu tcj rpoiru tuv iroin- 
fidruv, a efjrjpxz: toic fier' avrov yaXkotyopovot. 

This branch of Greek drama was first cultivated 
oy the Icarians, the inhabitants of a little village in 
Attica, which claimed to have been the first to re- 
ceive the worship of Bacchus in that part of Greece ; 
and Susarion, a native of Tripodiscus, in Megaris, 
was the first to win the prize — a basket of figs and 
a jar of wine — which was given to him as the suc- 
cessful leader of a comus of Icarian " glee-singers" 
(rpv yudol), so called because they smeared their fa- 
ces with the lees of wine ; a rude disguise, which 
was sometimes substituted for the mask worn by 
the Kofiydoi, when they afterward assumed the form 
of a regular chorus. The Dorians of Megara seem 
to have been from the first distinguished for a vein 
of coacse jocularity, which naturally gave a pecu- 
liar turn to the witticisms of the comus among 
them; and thus we find that comedy, in the old 
sense of the word, first came into being among the 
Megarians and their Sicilian colonists. 4 Susarion 
flourished in the time of Solon, a little before Thes- 
pis, but he seems to have stood quite alone ; and, 
indeed, it is not likely that comedy, with its bold 
spirit of caricature, could have thriven much during 
the despotism of the Peisistratidae, which followed 
so close upon the time of Susarion. The very same 
causes which might have induced Peisistratus to 
encourage tragedy, would operate to the prevention 
of comedy ; and, in fact, we find that comedy did 
not thoroughly establish itself at Athens till after 
the democratical element in the state had com- 
pletely asserted its pre-eminence over the old aris- 
tocratic principles, namely, in the time of Pericles. 
The first of the Attic comedians, Chionides, Ec- 
phantides, and Magnes, flourished about the time 
of the Persian war ; and were followed, after an 
interval of thirty years, by Cratinus, Eupolis, and 
Aristophanes, whom Horace justly mentions as the 
greatest authors of the comedy of caricature. 5 This 
branch of comedy seems to have been the natural 
descendant of the satiric iambography of Archilo- 
chus and others : it was a combination of the iam- 
bic lampoon with the comus, in the same way as 

1. (c. Mid., p. 517.)— 2. (Acharn., 263.) — 3. (p. 445, B.)— 4. 
(See Meineke, Hist. Crit. Coin. Gr., p. 20, &c.)— 5. (Sat., I., 
iv J-5 ) 



tragedy was a union of the epic rhapsody witn use 
dithyrambic chorus. This old comedy ended with 
Aristophanes, whose last productions are very dif- 
ferent from his early ones, and approximate rathe; 
to the middle Attic comedy, which seems to have 
sprung naturally from the old, when the free demo 
cratic spirit which had fostered its predecessor was 
broken and quenched by the events which followed 
the Peloponnesian war, and when the people of 
Athens were no longer capable of enjoying the wild 
license of political and personal caricature. The 
middle Attic comedy was employed rather about 
criticisms of philosophical and literary pretenders, 
and censures of the foibles and follies of the whole 
classes and orders of men, than about the persona] 
caricature which formed the staple of the old com- 
edy. The writers of the middle comedy flourished 
between B.C. 380 and the time of Alexander the 
Great, when a third branch of comedy arose, and 
was carried to the greatest perfection by Menander 
and Philemon. The comedy of these writers, or 
the new comedy, as it is called, went a step farther 
than its immediate forerunner: instead of criticising 
some class and order of men, it took for its object 
mankind in general ; it was, in fact, a comedy of 
manners, or a comedy of character, like that of Far- 
quhar and Congreve ; the object of the poet was, 
by some ingeniously-contrived plot and well-ima- 
gined situations, to represent, as nearly as possible, 
the life of Athens as it went on around him in its 
every-day routine ; hence the well-known hyberbole 
addressed to the greatest of the new comedians ■ 

cj Mevavdpe Kal j3le, 
norepog up' v/icjv rrorepov euifi^aaro. 

The middle and new comedy, though approachm & 
much more nearly to what we understand bv the 
name comedy, could scarcely be called by the name 
KOfiudta with any strict regard to the original mean- 
ing of the word ; they had nothing in them akin to 
the old revelry of the Ktipoc : in fact, they had not 
even the comic chorus, which had succeeded and 
superseded the Kufioc, but only marked the inter- 
vals between the acts by some musical voluntary 
or interlude. It belongs to a history of Greek lit- 
erature, and not to a work of this nature, to point 
out the various steps by which Attic comedy passed 
from its original boisterous and almost drunken 
merriment, with its personal invective and extrav- 
agant indecency, to the calm and refined rhetoric 
of Philemon, and the decent and good-tempered 
Epicureanism of Menander ; still less can we enter 
here upon the literary characteristics of the differ- 
ent writers whose peculiar tendencies had so much 
influence on the progressive development of this 
branch of the drama. It is sufficient for our pur- 
pose to point out generally the nature of Greek 
comedy, as we havo done above, and to enable the 
student to discriminate accurately between the out- 
ward features of Greek comedy and tragedy. 

The dance of the comic chorus was called the 
Kopdatj, and was of the most indecent description ; 
the gestures, and, indeed, the costumes of the cho- 
reutae, were such that even the Athenians consid- 
ered it justifiable only at the festival of Bacchus, 
when every one was allowed to be drunk in hon- 
our of the god ; for, if an Athenian citizen danced 
the cordax sober and unmasked, he was looked upon 
as the most shameless of men, and forfeited alto 
gether his character for respectability. 1 Aristopha- 
nes himself, who did not much scruple at violating 
common decency, claims some merit for his omis- 
sion of the cordax in the Clouds, and for the more 
modest attire of his chorus in that play. 2 Accord- 
ing to Athenaeus ; J the cordax was a sort ot tiyyor. 

1. (Theophrast., CUaract., 6.)— 2. (v. , 537, Ac.)— 3. (p. 630, 1).) 

299 



COMCEDIA. 



COMCEDTA. 



theme, or imitative dance, in which the ehoreutae 
expressed the words of the song by merry gesticu- 
lations. 1 Such a dance was the hyporcheme of the 
Spartan deicelictce ; a sort of merry-andrews, whose 
peculiar mimic gestures seem to have formed the 
basis of the Dorian comedy, which prevailed, as we 
have seen, in Megaris, and which probably was the 
parent stock, not only of the Attic, but also of the 
Sicilian and Italian comedy. 

The comic chorus consisted of twenty-four per- 
sons, i. e., of half the number of the full tragic cho- 
rus ; and as the comedians did not exhibit with 
tetralogies as the tragedians did, this moiety ap- 
peared on the stage undivided, so that a comedy 
had, in this respect, a considerable advantage over 
a tragedy. The chorus entered the stage in rows 
of six, and singing the parodos as in tragedy ; but 
the parodos was generally short, and the stasima 
still less important and considerable. The most 
important business of the chorus in the old comedy 
was to deliver the parabasis, or address to the au- 
dience. In this the chorus turned round from its 
usual position between the thymele and the stage, 
where the chcreutas stood with their faces turned 
towards the actors, and made an evolution so as to 
pass to the other side of the thymele. Here they 
stood with their faces turned towards the specta- 
tors, and addressed them in a long series of ana- 
paestic tetrameters, generally speaking in the name 
of the comic poet himself. When the parabasis 
was complete, it consisted of, 1. The tcofipuTiov, a 
short introduction in trochaic or anapaestic verse. 
2. A long system of anapaestic tetrameters, called 
the 7rviyoc or the (xanpov. 3. A lyrical strophe, 
generally in praise of some divinity. 4. The kirLp- 
prj/xa, consisting, according to the rule, of sixteen 
trochaic verses, in which the chorus indulged in 
witticisms directed against some individual, or even 
against the public in general. The parabasis, though 
a good deal refined by the better taste of Aristopha- 
nes, retained much of the abusive scurrility of the 
old rustic comus ; so that we may regard it as the 
only living representative of the old wagon-jests of 
the phallic procession in which comedy originated, 
and as the type of that predominant element in the 
old comedy which the Roman satirist Lucilius made 
the object of his imitation. 

II. Italian Comedy may be traced, in the first 
instance, to the rude efforts of the Dorian comus in 
Sicily. It has been shown by Muller 2 that even the 
Oscan farces, called the fabulce Atellance, which 
passed from Campania to Rome, may be traced to 
a Dorian origin, as the names of some of the stand- 
ing masks in these farces, such as Pappus, Maccus, 
and Simus, are clearly Greek names. The more 
complete development of the Sicilian comedy by 
Epicharmus appears to have paved the way for the 
establishment of a more regular comic drama in 
Italy. Imitations of Epicharmus seem to have been 
common among the cities of Magna Graecia ; and 
so early as B.C. 240, Livius Andronicus exhibited 
at Rome translations or adaptations of Greek com- 
edies, in which he did not attempt to obliterate the 
traces of their Greek origin : on the contrary, from 
first to last, most of the Latin comedies were pro- 
fessedly Greek in all their circumstances ; and the 
translators or imitators, though many of them were 
men of great genius, did not hesitate to speak of 
themselves as barbari in comparison with their 
Greek masters, and called Italy barbaria in compar- 
ison with Athens. 8 The Latin comedians, of whom 
we can judge for ourselves, namely, Plautus and 
Terence, took their models chiefly from the new 
comedy of Greece. The latter, as far as we know, 

1. (Compare Atherueus, p. 21, D.) — 2. (His' Lit. Gr., c. xxix., 
V 4 \— 3. ( Vid. Festus, p. 36, 372, ed. Muller 

soo 



never imitated any other branch of Greek comedy 
But Plautus, though he chiefly follows the poets of 
the middle or new comedy, sometimes approximates 
more nearly to the Sicilian comedy of Epicharmus, 
or to the IXaporpayudia of Rhinthon and others. It 
is doubtful whether the Amphitryo, which Plautus 
himself terms a tragico-comoedia, is an imitation of 
Rhinthon or of Epicharmus. That Plautus did imi- 
tate Epicharmus is clear from the words of Horace : l 
" Dicitur .... Plautus ad exemplar Sicili proper are 
Epicharmi ,*" and A. W. Schlegel would infer from 
this passage alone that the Amphitryo was borrowed 
from some play by Epicharmus, who, as is well 
known, composed comedies on mythical subjects 
like that of the Amphitryo of Plautus. 

Although Roman comedy, as far as it has come 
down to us, is cast entirely in a Greek mould, the 
Romans had authors who endeavoured to bring for- 
ward these foreign comedies in a dress more Roman 
than Grecian. Comedies thus constructed were 
called fabula. togata (from the Roman garb, the 
toga, which was worn by the actors in it), as op- 
posed to the fabulce palliatce, or comedies represent 
ed in the Greek costume. From the words of 
Horace in the passage referred to above, it is suffi- 
ciently obvious that the fabula togata was only an 
imitation of the Greek new comedy clothed in a 
Latin dress : " Dicitur Afrani toga convenisse Me- 
nandro."* Not that the writers of these comedies 
absolutely translated Menander or Philemon, like 
Plautus and Terence ; the argument or story seems 
to have been Roman, and it was only in the method 
and plan that they made the Greek comedians their 
model. For this, also, we have Horace's testumonv 3 

" Nil intcntatum nostri liquere potto, : 
Nee minimum meruere decus, vestigia Graeca 
Ausi deserere, et celebrare domestica facta, 
Vel qui praetextas, vel qui docuere togatas." 

The prcetextata fabula alluded to here was a sort ci 
history. 

" The prcetextata merely bore resemblance to a 
tragedy : it represented the deeds of Roman kings 
and generals ; and hence it is evident that at least 
it wanted the unity of time of a Greek tragedy — 
that it was a history, like Shakspeare's." 4 The 
grammarians sometimes speak of the prcetextata as 
a kind of comedy, which it certainly was not. The 
clearest statement is that of Euanthius {de fabula) : 
" Illud vero tenendum est, post viav Kopudlav Lati- 
nos multa fabularum genera protulisse : ut togatas, 
a scenicis atque argumentis Latinis ; prcetextatas, ab 
dignitate personarum et Latina historia ; Atellanas, 
a civitate Campaniae, ubi actae sunt plurimae ; Rhin- 
thonicas, ab auctoris nomine ; tabernarias, ab humil- 
itate argumenti et styli ; mimos, ab diuturna imita- 
tione rerum et levium personarum." But even 
here there is a want of discrimination ; for the mi- 
m.us was entirely Greek, as the name shows; the 
Latin style corresponding to it was the planipes. 
Hermann 5 has proposed the following classification 
of Roman plays, according as they strictly followed 
or deviated from their Greek models : 
Argumentum. 
Grcecum. Romanum. 

Crepidata (Tpayudia), Prcetextata. 
Palliata (nup-ydta), Togata, cujus alia trabea- 

ta, alia tabe*r.aria. 
Salyrica (ouTvpoi), Atellana. 

Mimus {p.l[ioe), Planipes. 

Neukirch 6 gives a wider extent to Roman comedy, 
so that it includes all the other species of drama, 
with the exception of the crepidata and the prcetextata, 

1. (Epist., II., i., 58.)— 2. (Hor., Epist., II., i., 57.)— 3. (Epist 
ad Pison., 285, &c.) — 4. (Niebuhr, Hist. Rum., vol. i., p 511 
2.) — 5. (Opuscula, v., p. 260.) — 6. (De Fabula Romanorum to- 
gata, p. 58.) 



COMPITALIA. 



CONCUBINA. 



I. Gr^eci argumenti. 

1. Comoedia sive palliata, quae proprie dicitur. 

2. Tragico-comcedia sive Rhinthonica, Graecis, 'Cka- 

porpayudia, sive 'lrahiKTj Ktjfiudia- 

3. Mimics, qui proprie dicitur. 

II. Latini argumenti. 

1. Trabcata. 

2. Togata quae proprie dicitur, sive tabernaria. 

3. Atellana. 

4. Planipedia, sive planipedaria, sive planipes (ri- 

ciniata). 
And he places the satirical drama in a third class 
bv itself. It is very difficult to come to any certain 
conclusion on this subject, which is involved in 
considerable obscurity ; the want of materials to 
enable us to form a judgment for ourselves, and the 
confusions and contradictions of the scholiasts and 
other grammarians who have written upon it, leave 
the classification of Roman comedies in great un- 
certainty, and we must rest content with some such 
approximations as those which are here given. 

COMOS (KUftoe). (Vid. Comoedia, p. 299; Cho- 
rus, p. 247.) 

COMPENSA'TIO is defined by Modestinus to be 
debiti et crediti inter se contributio. Compensatio, 
as the etymology of the word shows (pend-o), is the 
act of making things equivalent. A person who 
was sued might answer his creditor's demand, who 
was also his debtor, by an offer of compensatio (si 
paratus est compensate), which, in effect, was an 
offer to pay the difference, if any, which should 
appear on taking the account. The object of 
the compensatio was to prevent unnecessary suits 
and payments, by ascertaining to which party a 
balance was due. Originally, compensatio only 
took place in bonse fidei judiciis and ex eadem cau- 
sa ; but, by a rescript of M. Aurelius, there could be 
compensatio in stricti juris judiciis, and ex dispari 
causa. When a person made a demand in right of 
another, as a tutor in right of his pupillus, the debt- 
or could not have compensatio in respect of a debt 
due to him from the tutor on his own account. A 
fidejussor (surety) who was called upon to pay his 
principal's debt, might have compensatio, either in 
respect of a debt due by the claimant to himself or 
to his principal. It was a rule of Roman law, that 
there could be no compensatio where the demand 
could be answered by an exceptio peremptoria ; for 
the compensatio admitted the demand, subject to 
the proper deduction, whereas the object of the ex- 
ceptio was to state something in bar of the demand. 
Set-off in English law, and compensation in Scotch 
law, correspond to compensatio. 1 

COMPITA'LIA, also called LUDI COMPITA- 
LICII, was a festival celebrated once a year in 
honour of the lares compitales, to whom sacrifices 
were offered at the places where two or more ways 
met (" Compitalia, dies attributus laribus compitali- 
bus ; idco ubi vice competunt, turn in compelis sacrifi- 
catur. Quotannis is dies concipitur"*). This festival 
is said by some writers to have been instituted by 
Tarquinius Priscus in consequence of the miracle 
attending the birth of Servius Tullius, who was 
supposed to be the son of a lar familiaris. 3 We 
icarn from Macrobius* that the celebration of the 
compitalia was restored by Tarquinius Superbus, 
who sacrificed boys to Mania, the mother of the 
lares ; but this practice was changed after the ex- 
pulsion of the Tarquins, and garlic and poppies 
offered in their stead. In the time of Augustus, 
the lnli compitalicii had gone out of fashion, but 
were restored by him. 5 

The compitalia belonged to the ferice conceptivce, 

I. (Dig. 16, tit. 2.)— 2. (Varro, De Ling. Lat., vi., 25, ed. 
Muller.— Festus, s. v.)— 3. (Plin., H. N., xxxvi., 70.)— 4. (Sat., 
i. 7.)— 5. (Suet., Octav.. 31.) 



that is, festivals which were celebrated on days ap 
pointed annually by the magistrates or priests. The 
exact day on which this festival wau celebrated 
appears to have varied, though it was always in the 
winter. Dionysius 1 says that it was celebrated a 
few days after the Saturnalia, and Cicero 3 that it 
fell on the Kalends of January (the old editions 
read iii. Kal. Jan.) ; but in one of his letters to At- 
ticus 3 he speaks of it as falling on the fourth before 
the nones of January. The exact words in which 
the announcement of the day on which the compi- 
talia was to be kept, are preserved by Macrobius 4 
and Aulus Gellius : 5 " Die • Noni ■ (i. e., nono) 
Popolo • Romano ■ Quiritibus ■ Compitalia ■ 

ERUNT ' QUANDO * CONCEPTA # FoVERINT ' (Or fue- 

ruit) Nefas. 

COMPLU'VIUM. (Vid. House.) 

CONCHA (icoyxv), a Greek and Roman liquid 
measure, of which there were two sizes. The 
smaller was half the cyathus (=-0412 of a pint 
English) ; the larger, which was the same as the 
oxybaphum, was three times the former (=1238 
of a pint). 6 

*CONCHA (kojxv), a term frequently applied, 
like conchylium, to shell-fish in general, but more 
particularly to the Chamce. Horace, it is probable, 
means the Chamce in the following line : " Mitulus 
et vites pellent obstantia concha.''''' 1 

♦CONCHYLIUM ( noyxvltov ). This term is 
sometimes used in a lax sense, as applied to the 
Testacea in general, or to their shells separate from 
their flesh. 8 Xenocrates uses noyxvTitjdnc in the 
same sense. 9 It is also applied to the Purpura in 
particular, and likewise to the purple colour formed 
from it. According to Aldrovandus, Horace applies 
it to oysters in the following line : " Miscneris eliz* 
simul conchylia turdis. ,n0 

CONCILIA'BULUM. (Vid. Colonia.) 

CONCUBPNA (GREEK). The rxaXkaKi) oi 
■naTCkanic occupied at Athens a kind of middle rank 
between the wife and the harlot (haipa). The dis- 
tinction between the haipa, iralXaKij, and legal wife 
is accurately described by Demosthenes : 11 rue fiev 
yap ETaipac rjdovfjg 'even' exofiev rac de iraXXanac, rf}c 
Kad' qfiepav depaireiag rov ouftaToe : rac de yvvaitcac, 
tov Traidorroieiodai yvnacug Kal ruv evdov fyvXana tclg- 
ttjv exeiv. Thus Antiphon speaks of the Kallani] 
of Philoneos as following him to the sacrifice, 12 and 
also waiting upon him and his guest at table. 13 If 
her person were violated by force, the same penalty 
was exigible from the ravisher as if the offence had 
been committed upon an Attic matron ; and a man 
surprised by the quasi-husband in the act of crimi 
nal intercourse with his t:a7JkaKTj, might be slain by 
him on the spot, as in the parallel case. 1 * (Vid. 
Adulterium.) It does not, however, appear very 
clearly from what political classes concubines were 
chiefly selected, as cohabitation with a foreign (givr/) 
woman was strictly forbidden by law, 15 and the pro- 
visions made by the state for virgins of Attic fami- 
lies must in most cases have prevented their sinking 
to this condition. Sometimes, certainly, where 
there were several destitute female orphans, this 
might take place, as the next of kin was not obliged 
to provide for more than one ; and we may also 
conceive the same to have taken place with respect 
to the daughters of families so poor as to be unable 
to supply a dowry. 16 The dowry, in fact, seems to 
have been a decisive criterion as to whether the 



1. (iv., p. 219.)— 2. (in Pison., c. 4.)— 3. (vii., 7.)— 4. (Sat., 
i., 4.)— 5. (x., 24.)— 6. (Hussey, p. 207, 209.-Wurm, p. 129 )— 
7. (Sat., ii., 4, 28.)— 8. (Hippocr., De Diu?t.)— 9. (De Aliment, 
ex Aquat.)— 10. (Sat., ii., 2, 74.)— 11. (c Near., p. 1386.)— 12. 
(Ace. de Venef., p. 613.)— 13. (Id., p. 614.— Vid. Becker, Char- 
ikies, vol. ii., p. 438.)— 14. (Lysias, De Caed. Eratosth., p. 95 )— 
15. (Demosth., c. Neaer., p. 4350.)— 16. (Demosth., c. Neser., 
1384.— Plaut.. Trinumm., III., ii., 63.) 

301 



CONDITORIUM. 



CONFESSORIA ACTIO. 



eornsxion between a male and female Athenian, in 
a si He of cohabitation, amounted to a marriage: if 
no dowry had been given, the child of such union 
wo .id be illegitimate ; if, on the contrary, a dowry 
had been given, or a proper instrument executed in 
acknowledgment of its receipt, the female was fully 
entitled to all conjugal rights. 1 It does not appear 
that the slave that was taken to her master's bed 
acquired any political rights in consequence; the 
concubine mentioned by Antiphon 2 is treated as a 
slave by her master, and after his death undergoes 
a servile punishment. 3 (Vid. Het^era.) 

CONCUBI'NA (ROMAN). According to an old 
definition, an unmarried woman who cohabited 
with a man was originally called pellex, but after- 
ward by the more decent appellation of concubina. 4 
This remark has apparently reference to the Lex 
Julia et Papia Poppsea, by which the concubinatus 
received a legal character. This legal concubina- 
tus consisted in the permanent cohabitation of an 
unmarried man with an unmarried woman. It 
therefore differed from adulterium, stuprum, and in- 
cestus, which were legal offences ; and from con- 
tubernium, which was the cohabitation of a free 
man with a slave, or the cohabitation of a male 
and female slave, between whom there could be no 
Roman marriage. Before the passing of the Lex 
Jul. et P. P., the name of concubina would have 
applied to a woman who cohabited with a married 
man who had not divorced his first wife ; 5 but this 
was not the state of legal concubinage which was 
afterward established. The offence of stuprum was 
avoided in the case of the cohabitation of a free man 
and an ingenua by this permissive concubinage ; 
but it would seem to be a necessary inference that 
there should be some formal declaration of the in- 
tention of the parties, in order that there might be 
no stuprum. 6 Heineccius 7 denies that an ingenua 
could be a concubina, and asserts that those only 
could be concubinae who could not be uxores ; but 
this appears to be a mistake, 8 or perhaps it may be 
said that there was a legal doubt on this subject. 9 
It seems probable, however, that such unions were 
net often made with ingenuae. 

This concubinage was not a marriage, nor were 
the children of such marriage, who were sometimes 
called liberi naturales, in the power of their father. 
Still it established certain legal relations between 
the two persons who lived in concubinage and their 
children. Under the Christian emperors concubi- 
nage was not favoured, but it still existed, as we 
see from the legislation of Justinian. 

This legal concubinage should not be confounded 
with illicit cohabitation. It rather resembled the 
morganatic marriage (ad morganaticam), in which 
neither the wife enjoys the rank of the husband, 
nor the children the rights of children by a legal 
marriage. 10 Thus it appears that, among the Ro- 
mans, widowers who had already children, and did 
not wish to contract another legal marriage, might 
take a concubina, as we see in the case of Vespa- 
sian, 11 Antoninus Pius, and M. Aurelius. 12 

CONDEMN A'TIO. {Vid. Actio, p. 20.) 

CONDI'CTIO. (Vid. Actio, p. 16.) 

CONDITO'RIUM, in its general acceptation, 
means a place in which property of any kind is de- 
posited — ubi quid conditum est — thus conditorium 
muralium tormentorum 13 is a magazine for the recep- 
tion of a battering-train when not in active service. 



1 (Petit., Leg-. Att., 548, and authors there quoted.) — 2. 
(Xzc. de Venef.)— 3. (Id., p. 615.) — 4. (Massurius, ap. Paul. — 
Dig. 50, tit. 16, s. 144.)— 5. (Cic, De Orat.,i., 40.)— 6. (Dig. 48, 
tit. 5, s. 34.)— 7. (Syntag., Ap., lib. i., 39.)— 8. (Dig-. 25, tit. 5, s. 
3.)— 9. (Id., s. 1.)— 10. (Lib. Feud., ii., 29.)— 11. (Suet., Vesp., 
3.)— 12. (Jul. Cap., Vit. Ant., c. 8.— Aurel., c. 29.— Dig. 25, tit. 
T. — Cod. v., tit. 26. — Paulus, Recept. Sentent., ii., tit. 19, 20. — 
.Vov. 18, c. 5 ; 89, c. 12.)— 13. (Amm. Marcell., xvii., 9 ) 
302 



But tht word came afterward to be applied more 
strictly as a repository for the dead. 

In the earlier ages of Greek and Roman history, 
the body was consumed by fire after death {vid. 
Bustum), the ashes only receiving sepulture ; and 
as there could be no danger of infection from these, 
the sepulchres which received them were all above 
ground. 1 But subsequently, when this practice fell 
into partial or entire disuse, it became necessary to 
inter (humare) the dead, or bury them in vaults 
or chambers under ground ; and then the word 
conditorium or conditivum 2 was adopted, to express 
that class of sepulchres to which dead bodies were 
consigned entire, in contradistinction to those which 
contained the bones and ashes only. It is so used 
by Petronius 3 for the tomb in which the husband of 
the Ephesian matron was laid ; by Pliny, 4 for the 
vault where the body of a person of gigantic stature 
was preserved entire ; and by Quintilian, 5 for the 
chamber in which a dead body is laid out, ** cubicu- 
lum conditorium mortis tua." In a single passage 
of Pliny 6 it is synonymous with monimentum, and 
in an inscription, 7 " olios vi. minores in avito condi- 
torio," the mention of the cinerary olla indicates 
that the tomb alluded to was of the kind called co- 
lumbarium. (Vid. Columbarium.) The correspond 
ing word in Greek is vKoyatov or vTtoyeiov, 6 hypo- 
geum. 9 

Conditorium is also used for the coffin in which 
a body was placed when consigned to the tomb 
and when used, the same distinction is implied. 10 

*CONEION (kuvblov), Hemlock, or Conium mac* 
ulatum. It is called Cicuta by Celsus. This poi- 
sonous plant possesses highly narcotic and danger- 
ous qualities, and an infusion of it was given at 
Athens to those who were condemned to capital 
punishment. By a decoction of this kind Socrates 
lost his life. The effects of the poison in his case 
are strikingly described in the Phaedon of Plato. 
Sibthorp found the nuveiov between Athens and Me- 
gara. It is not unfrequent throughout the Pelopon- 
nesus also. The modern Greeks call it Bpo^o^o/)- 



TOV 



ii 



CONFARREA TIO. (Vid. Marriage.) 

CONFESSO'RIA ACTIO is an actio in rem, 1 * 
by which a person claims a jus in re, such as the 
use and enjoyment (usus fructus) of a thing, or 
claims some servitus (jus eundi, agendi, &c). The 
actio negatoria or negativa is that in which a per- 
son disputes a jus in re which another claims and 
attempts to exercise. 

If several persons claimed a servitus, each might 
bring his action; if several claimed as fructuarii, 
they must join in the action. None but the owner 
of the property, to which the servitus was alleged 
to be due, could maintain a directa actio for it. 
The condemnatio in the actio confessoria was adapt- 
ed to secure to the fructuarius his enjoyment of 
the thing if he proved his right, and to secure the 
servitus if the plaintiff made out his claim to it. 

The negatoria actio was that which the ownei of 
a thing had against a person who claimed a servi- 
tus in it, and at the same time endeavoured to ex- 
ercise it. The object of this action was to prevent 
the defendant from exercising his alleged right, and 
to obtain security (cautio) against future attempts, 
which security it was competent for the judex to 
require. But this action was extended to the get- 
ting rid of a nuisance ; as, if a man put a heap of 
dung against you r wall so as to make it damp ; 01 

1. (Salmas., Exercit. Plin., p. 849.)— 2. (Senec, Ep., 60.)— 
3. (Sat., cxi.,2, 7 ; cxii., 3.)-4. (H. N., vii., 16.)— 5. (Declam 
8, p. 119, ed. Var.)— 6. (Ep., vi., 10.)— 7. (ap. Grut., p. 1134, 6.) 
8. (Hesych.)— 9. (Petron., Sat., cxi.,2.)— 10. (Suet.,Octav., 18. 
—Plin., H. N., xxxvii., 7.— Petron., Sat., cxii., 8.— Compare 
Strabo, xvii., 8.)— 11. (Theophrast., II. P., ix., 8.— Dioscor., iv. 
79 — Celsus, v , 6.— Adams, Append., s. v.)- 12. (Gaius, iv., 3 



CONFUSIO. 



CONGIARIUM. 



a neighbour's wall bellied out half a foot or more 
into your premises ; or the wind blew one of his 
trees so as to make it hang over your ground ; or a 
man cut stones on his own land so that the pieces 
<ell on yours : in all such cases you had a negatoria 
actio, in which you declared jus ei non esse, &c, 
according to the circumstances of the case. 1 

CONFU'SIO properly signifies the mixing of 
liquids, or the fusing of metals into one mass. If 
things of the same or of different kind were con- 
fused, either by the consent of both owners or by 
accident, the compound was the property of both. 
If the confusio was caused by one without the con- 
sent of the other, the compound was only joint prop- 
erty in case the things were of the same kind, and 
perhaps (we may conjecture) of the same quality, 
as, for instance, wines of the same quality. If the 
things were different, so that the compound was a 
new thing, this was a case of what, by modern wri- 
ters, is called specification, which the Roman wri- 
ters expressed by the term novam speciem facere, 
as if a man made mulsum out of his own wine and 
his neighbour's honey. In such a case the person 
who caused the confusio became the owner of the 
compound, but he was bound to make good to the 
other the value of his property. 

Commixtio applies to cases such as mixing to- 
gether two heaps of corn ; but this is not an in- 
stance in which either party acquires property by 
the commixtio. For if the mixture takes place, ei- 
ther accidentally or with mutual consent, or by the 
act of one alone, in all these cases the property of 
each person continues as before, for in all these 
cases it is capable of separation. A case of com- 
mixtio arises when a man's money is paid without 
his knowledge and consent, and the money, when 
paid, is so mixed with other money that it cannot 
be recognised ; otherwise it remains the property of 
the person to whom it belonged. 

The title confusio does not properly comprehend 
the various modes of acquisitio which arise from 
two pieces of property belonging to different per- 
sons being materially united ; but still it may be 
convenient to enumerate under this head the vari- 
ous modes of acquisitio which belong to the general 
head of Accessio. 

Specification (which is not a Roman word) took 
place when a man made a new thing (nova species) 
either out of his own and his neighbour's material, 
or out of his own simply. In the former case, such 
man acquired the ownership of the thing. In the 
latter case, if the thing could be brought back to 
the rough material (which is obviously possible in 
very few cases), it still belonged to the original own- 
er, but the specificator had a right to retain the 
thing till he was paid the value of his labour, if he 
had acted bona fide. If the new species could not 
be brought back to its original form, the specificator 
in all cases became the owner ■; if he had acted bo- 
na fide, he was liable to the owner of the stuff for 
its value only ; if mala fide, he was liable to an ac- 
tion of theft. Of this kind are the cases put by 
Gaius, 8 of a man making wine of another man's 
grapes, oil of his olives, a ship or bench of his tim- 
ber, and so on. Some jurists (Sabinus and Cassius) 
were of opinion that the ownership of the thing was 
r iot changed by such labour being bestowed on it ; 
the opposite school were of opinion that the new 
thing belonged to him who had bestowed his labour 
on it, but they admitted that the original owner had 
a legal remedy for the value of his property. 

Two things, the property of two persons, might 
become so united as not to be separable without in- 
jury to one or both ; in this case, the owner of the 
principal thing became the owner of the accessory. 

]. (Dig. 8, tit. 5.— Brisoniua, De Fo— ulis.)— 2. (li , 29.) 



Thus, in the case of a man building on another 
man's ground, the building belonged to the owner 
of the ground (superficies solo cedit) ; or in the case 
of a tree planted, or seed sown on another man's 
ground, the rule was the same. If a man wrote, 
even in letters of gold, on another man's parchment 
or paper, the whole belonged to the owner of the 
parchment or paper ; in the case of a picture paint- 
ed on another man's canvass, the canvass became 
the property of the owner of the picture. 1 If a piece 
of land was torn away by a stream (avulsio) from 
one man's land and attached to another's land, it 
became the property of the latter when it was firmly 
attached to it. This is a different case from that of 
Alluvio. But in all these cases the losing party 
was entitled to compensation, with some exceptions 
as to cases of mala fides. 

The rules of Roman law on this subject are sta- 
ted by Brinkmann, Instit. Jur. Rom., § 398, &c. ; 
Mackeldey, Lehrbuch, &c, § 245, &c, Accession; 
Rosshirt, Grundlinien, &c, § 62. 

The term confusio had other legal meanings, 
which it is not necessary to explain here. 

* CONGER (Koyypog), the Conger Eel, or Mux ana. 
conger, L., called in Italian Bronco. " The name of 
Conger," observes Griffith, " was at first given to a 
species of eel, the Murana conger, after Aristotle 
and Athenaeus, who had called the sea-eel Koyypoc. 
M. Cuvier has withdrawn this fish from the genus 
Anguilla, and made it the foundation of a sub-genus, 
under the name of Conger. It is very abundant on. 
the coasts of England and France, in the Mediter- 
ranean Sea, where it was much sought after by the 
ancients, and in the Propontis, where it was not 
long ago in considerable estimation. Those of 
Sicyon were more especially esteemed. The con- 
gers are extremely voracious. They live on fish, 
mollusca, and Crustacea, and do not even spare 
their own species. They are extremely fond of 
carrion, and are sure to be found in those places 
into which the carcasses of animals have been 
thrown. — Among the species of the sub-genus Mu- 
rana (proper) we may notice here the Common Mu- 
rana, or Murana helena. This fish is about three 
feet long, and sometimes more ; it weighs as much 
as twenty or thirty pounds ; is very much extended 
in the Mediterranean ; and the ancient Romans, who 
were well acquainted with it, held it in high estima- 
tion under the name of Murana, which we com- 
monly translate by the term 4 lamprey.' These mu- 
raenae were carefully reared in vivaria by the Ro- 
mans. As early as the time of Caesar, the multi- 
plication of these domestic muraenae was so great; 
that on the occasion of one of his triumphs, that 
commander presented six thousand of them to his 
friends. Crassus reared them so as to be obedient 
to his voice, and to come and receive their food from 
his hands ; while the celebrated orator Hortensius 
wept over the loss of a favourice lamprey of which 
death had deprived him. The Romans are said to 
have thrown offending slaves into their fish-ponds, 
as food for these voracious creatures." 3 

CONGIA'RIUM (scil. vas, from congius), a vessel 
containing a congius. (Vid. Congius.) 

In the early times of the Roman Republic, the 
congius was the usual measure of oil or wine which 
was, on certain occasions, distributed among the 
people ; 3 and thus congiarium, as Quintilian* says, 
became a name for liberal donations to the people 
in general, whether consisting of oil, wine, corn, or 
money, or other things, 5 while donations made to 
the soldiers were called donativa, though they were 



1. (Gaius, ii., 73, &c.)— 2. (Griffith's Cuvier, vol. x., p. 544, 
&c.)— 3. (Liv., ixv., 2.)— 4. (vi., 3, 52.)— 5. (Plin., H. N., xiv.. 
14, 17; xxxi., 7, 41.— Suet., Octav., 41.— Tib., 20.— Ner., 7— 
Plin., Paneg., 25.— Tacit., Ann., xii.,41 ; xki.,21 — Liv., xxxvu., 
57.) 

303 



CONQUISITORES. 



CONSUALIA. 



sometimes also termed congiaria. 1 Congiarium 
was, moreover, occasionally used simply to desig- 
nate a present or a pension given by a person of 
high rank, or a prince, to his friends ; and Fabius 
Maximus called the presents which Augustus made 
to his friends, on account of their smallness, hemi- 
tiaria instead of congiaria, because hcmina was only 
the twelfth part of a congius* 

CO'NGIUS, a Roman liquid measure, which con- 
tained six sextarii, 3 or the eighth part of the am- 
phora (=5 9471 pints Eng.). It was equal to the 
larger x°vq of the Greeks. (Vid. Chous.) Cato 
tells us that he was wont to give each of his slaves 
a congius of wine at the Saturnalia and Compitalia. 4 
Pliny relates, among other examples of hard drink- 
ing,* that Novellius Torquatus Mediolanensis ob- 
tained a cognomen (tricongius, a nine-bottle-man) 
by drinking three congii of wine at once. 

There is a congius in existence, called the con- 
gius of Vespasian, or the Farnese congius, bearing 
an inscription, which states that it was made in the 
year 75 A. D., according to the standard measure in 
the Capitol, and that it contained, by weight, ten 
pounds (Imp. Cas. vi. T. Cas. Aug. F. iiii. Cos. 
Mensura exactce in Capitolio, P. x. 6 ). By means 
of this congius the weight of the Roman pound has 
been ascertained. (Vid. Libra.) This congius 
holds, according to an experiment made by Dr. 
Hase in 1824, 52037692 grains of distilled water. 
Now the imperial gallon of eight pints, as determin- 
ed by act of Parliament in 1824, holds 10 lbs. avoir- 
dupois, or 70,000 grains of distilled water. Hence 

u f ■ ♦ • »i • 52037692X8 
the number of pints in the congms= TfiCfizz — 

=59471, as above. Its capacity in cubic inches is 
2061241. 

A congius is represented in Fabretti. 7 

*CONI'LE (Koviln), a plant, most probably, as 
Sprengel suggests, the Satureia Graca, or Greek 
Savory. 9 

CONNU'BIUM. (Fid. Marriage.) 

CONOPE'UM (Kwvo-eZov), a gnat curtain, i. e., a 
covering made to be expanded over beds and couch- 
es to keep away gnats and other flying insects, so 
called from Kuvutp, a gnat. 

The gnat-curtains mentioned by Horace 9 were 
probably of linen, but of the texture of gauze. The 
use of them is still common in Italy, Greece, and 
other countries surrounding the Mediterranean. 
Conopeum is the origin of the English word canopy. 10 

According to Herodotus, 11 the Egyptian fishermen 
used to provide a substitute for gnat-curtains in the 
following manner : The fisherman, having through 
the day worked at his employment with his casting- 
net (ufiQiSXyoTpov), in the evening fixed the point of 
it on the top of an upright pole, so that it might be 
expanded round him in the form of a tent. Under 
this he reposed, secure from the attacks of insects, 
which, as has been lately proved, will not pass 
through the meshes of a net, though quite wide 
enough to admit them. 13 

*CONOPS (tcuvoip), a name most properly applied 
to the Culex pipiens, or Gnat. Schneider, however, 
shows that it is sometimes indiscriminately applied 
also to the Ephemera (Mayfly) and the Phryganea. 1 * 

CONQUISITO'RES. These were persons em- 
ployed to go about the country and impress soldiers, 

I. (Cic. ad Att., xvi., 8.— Curt., vi., 2.)— 2. (Quint., 1. c— 
Compare Cic. ad Fam., viii., 1. — Senec, De Brevit. Vit. — De 
Benef., ii., 16.— Suet., Vesp., 18.— Jul., 27.)— 3. (Rhem. Farm., 
v, 72.)— 4. (De Re Rust., c.57.)— 5. (H. N., xiv., 22.)— 6. (See 
also Festus, s. v. Publica pondera.)— 7. (Inscript., p. 536.) — 8. 
(Nicand., Ther., 626. — Dioscor., iii., 34. — Adams, Append.) — 9. 
(Epod. ix., 9.)— 10. (See Judith, t , ?„< • riii , 9 ; xvi., 19.— Juv., 
vi., 80.— Varro, De Re Rust., ii., 10, y 8.1--11, (ii., 95.)— 12. 
'Spence. in Trans, of the Entomological Society for 1834.) — 13. 
Arisfnt!, H. A., iv., 7.— iElian, N. A., xiv., 22.) 
304 



when there was a difficulty in completing a levy.' 
Sometimes commissioners were appointed by a de. 
cree of the senate for the purpose of making a con. 
quisitio. 3 

CONSANGUI'NEI. (Vid. Cognati.) 
CONSECRA'TIO. (Vid. Apotheosis. ^ 
CONSILIA'RII. (Vid. Conventus.) 
CONSILIUM. (Vid. Conventus.) ' 
CONSTITUTIO'NES. "Constitute principis," 
says Gaius, 3 " is that which the imperator has ccn- 
stituted by decretum, edictum, or epistola ; nor has 
it ever been doubted that such constitutio has the 
force of law, inasmuch as by law the imperator re- 
ceives the imperium." Hence such laws were ofteik 
called principales constitutiones. 

An imperial constitutio, then, in its widest sense, 
might mean everything by which the head of the 
state declared his pleasure, either in a matter of 
legislation, administration, or jurisdictio. A decre- 
tum was a judgment in a matter in dispute between 
two parties which came before him, either in the 
way of appeal or in the first instance. Edicta, so 
called from their analogy to the old edict,* edictales 
leges, generates leges, leges perpetuae, &c, were 
laws binding on all the emperor's subjects. Under 
the general head of rescripta 5 were contained epis- 
tolae and subscriptiones, 6 which were the answers 
of the emperor to those who consulted him either 
as public functionaries or individuals. 7 In the time 
of Tiberius, the word rescriptum had hardly obtain- 
ed the legal signification of the time of Gaius. 8 It 
is evident that decreta and rescripta could not, from 
their nature, have the force of leges generates, but, 
inasmuch as these determinations in particular 
cases might be of obvious general application, they 
might gradually obtain the force of law. 

Under the early empeiors, at least in the time ©f 
Augustus, many leges were enacted, and m his time, 
and that of his successors to about the time of Ha- 
drian, we find mention of numerous senatus con- 
sulta. In fact, the emperor, in whom the supreme 
power was vested from the time of Augustus, ex- 
ercised his power through the medium of a senatus 
consultum, which he introduced by an oratio ox 
libellus, and the senatus consultum was said to be 
made "imperatore auctore." Probably, about the 
time of Hadrian, senatus consulta became less com- 
mon, and finally imperial constitutiones became the 
common form in which a law was made. 

At a later period, in the Institutes, it is declared, 
that whatever the imperator determined (conslituit) 
by epistola, or decided judicially (cognoscens decre- 
vit), or declared by edict, was law ; with this lim- 
itation, that those constitutions were not laws 
which in their nature were limited to special cases. 
Under the general head of constitutiones we also 
read of mandata, or instructions by the Caesar to 
his officers. 

Many of these constitutions are preserved in their 
original form in the extant co«ves. (Vid. Codex 
Theodosianus, &c.) 

CONSUA'LIA, a festival, with {tames, celebrated 
by the Romans, according to Festus, Ovid, 9 and 
others, in honour of Consus, the god of secret de- 
liberation, or, according to Livy, 13 of Neptunus 
Equestris. Plutarch, 11 Dionysius of Halicarnas 
sus, 18 and the Pseudo Asconius, however, 13 say that 
Neptunus Equestris and Consus were only different 
names for one and the same deity. It was solem- 
nized e^ery year in the circus by the symbolical 
ceremony of uncovering an altar dedicated to the 

1. (Hirt., De Bell. Alex., i., 22.— Liv., xxi., 11 )— 2. (L:t., 
xxv., 5.)— 3. (i., 5.)— 4. (Gaius, i., 93.)— 5. (Gaius, i., 72, 73, 
&c.)— 6. (Gaius, i., 94, 96, 104.)— 7. (Plin., F.p., x., 2.)— 8. (Ta- 
cit., Ann.,vi., 9.)— 9. (Fast., iii., 199.)— 10. (i., 9.)— 11. (Qinest. 
Rom., 45.) — 12. (ii., 31.) — 13. (ad Cic. itt Verr., p. 142. eJ 
OrelliA 



CONSUL. 



CONSUL. 



god, which was buried in the earth. For Romulus, 
who was considered as the founder of the festival, 
was said to have discovered an altar in the earth 
on that spot. 1 The solemnity took place on the 
21st of August with horse and chariot races, and 
libations were poured into the flames which con- 
sumed the sacrifices. During these festive games, 
horses and mules were not allowed to do any work, 
and were adorned with garlands of flowers. It was 
at their first celebration that, according to the an- 
cient legend, the Sabine maidens were carried off. 8 
Virgil,* in speaking of the rape of the Sabines, de- 
scribes it as having occurred during the celebration 
of the Circcnsian games, which can only be account- 
ed for by supposing that the great Circensian games, 
in subsequent times, superseded the ancient Con- 
sualia, and that thus the poet substituted games 
of his ow r n time for ancient ones — a favourite prac- 
tice with Virgil ; or that he only meant to say the 
rape took place at the well-known festival in the 
circus (the Consualia), without thinking of the ludi 
circenses, properly so called. 

CONSUL, the joint president of the Roman Re- 
public. " Without doubt the name consules means 
nothing more than simply colleagues ; the syllable 
sul is found in prasul and exsul, where it signifies 
one who is ; thus consules is tantamount to consenies, 
the name given to Jupiter's council of gods."* This 
is not quite correct. The syllable sul contains the 
root of the verb salio, " to go" or " come ;" and 
con-sil-ium is merely " a coming together," like con- 
vention contio. So consules are " those who come 
together," prasul " he who goes before," exsul " he 
who goes out." The institution of consuls or joint 
presidents of the state seems to have been inti- 
mately connected with the first principles of the 
Roman political system. The old tradition with 
regard to the first two kings seems to point directly 
to something of the kind, and Servius, in his Con- 
stitution, is said to have provided for a restoration 
of the old division of the sovereign power between 
two functionaries. They do not, however, appear 
to have existed under this name till after the ex- 
pulsion of Tarquinius, when L. Junius Brutus and 
L. Tarquinius Collatinus (or M. Horatius 5 ) were ap- 
pointed chief magistrates at Rome with this title. 
At first the consuls were the only supreme officers 
at Rome, and had all the power of the kings whom 
they succeeded. Cicero 6 ascribes to them the regia 
potestas : " Idque in republica nostra maxima va- 
luit, quod ei regalis potestas praefuit — quod et in his 
etiam qui nunc regnant manet." " Quibus autem 
regia potestas non placuit, non ii nemini, sed non 
semper uni parere voluerunt." Their dress was 
regal, with the exception of the golden crown, which 
they did not wear at all, and the trabea, which they 
only wore on the occasion of a triumph. They had 
ivory sceptres surmounted by eagles ; in the public 
assemblies they sat upon a throne (sella curulis) ; 
they had an elevated seat in the senate, where 
they presided ; they appointed the public treasurers ; 
they made peace and contracted foreign alliances ; 
they had the jurisdictio, i. e., they were the supreme 
judges in all suits, whence we also find them called 
praetores ; and they had the imperium, or supreme 
command of the armies of the state. The most 
prominent outward symbols of their authority were 
tne fasces, or bundle of rods surrounding an axe, 
and borne before the consuls by twelve lictors or 
beadles. 

At first each of the consuls had his own twelve 
lictors ; but P. Valerius, called Publicola, from his 

1. (Compare Niebuhr, Hist. Rom., vol. i., notes 629 and f>30.) 
-2. (Varro, De Ling-. Lat.,v., 3. — Diony».,i.,2. — Cic, DeR^p., 
vi.,7.) — 3. f.En., viii., 636.)— 4. (Niebuhr, Hist. Rom., i. p. 
*12.)-5. (Polyb., iii., 22.)— 6. (De Leg., iii., 2.) 

Q n 



attention to the wishes of the populus, or original 
burgesses, removed the axe from the fasces, and 
allowed only one of the consuls to be preceded by 
the lictors while they were in Rome. The other 
consul was attended only by a single accensus. This 
division of the honours was so arranged that the 
consuls enjoyed the outward distinctions alternately 
from month to month ; the elder of the two consuls 
received the fasces for the first month, and so on, 
till the reign of Augustus, when it was decreed by 
the Lex Julia ct Papia Poppaa, that the precedence 
should be given to him who had the greater num- 
ber of children. To this alternation in the honours 
of the consulate Horace seems to refer indirectly, 
when he says, 

" Virtus, repulsa nescia surdida., 
Intaminatis fulget honoribus : 
Nee sumit aut ponit secures 
Arbitrio popularis aura." 1 

While they were out of Rome, and at the head 01 
the army, the consuls retained the axes in the fas- 
ces, and each had his own lictors as before the time 
of Valerius. 

The consuls were for some time chosen only 
from the populus or patricians, and, consequently, al- 
ways sided with their own order in the long strug- 
gle which was carried on between the patricians 
and the commonalty. The first shock to their pow- 
er was given by the appointment of the tribuni pie 
bis, who were a sort of plebeian consuls, and, like 
the others, were originally two in number. They 
presided at the comitia tributa, or assemblies of the 
plebs, as the consuls did at the other comitia, and 
had the right of interposing a veto, which put a stop 
to any consular or senatorial measure. The con- 
sular office was suspended in B.C. 452, and its func- 
tions performed by a board of ten high commission- 
ers (decemviri), appointed to frame a code of laws, 
according to a motion of the tribune Terentius. On 
the re-establishment of the consulship in B.C. 444. 
the tribunes proposed that one of the consuls should 
be chosen from the plebeians, and this gave rise to 
a serious and long-protracted struggle between the 
two orders, in. the course of which the office of con- 
sul was again suspended, and its functions admin- 
istered by a board of tribuni militares, corresponding 
to the arparriyoi at Athens. At length, in B.C. 366, 
the plebeians succeeded in procuring one of the con- 
suls to be elected from their own body, and after 
that time both consuls were occasionally plebeians. 

The prerogatives and functions which were ori- 
ginally engrossed by the consuls, were afterward 
divided between them, and different magistrates 
appointed to relieve them under the great pressure 
of business introduced by the increase of the state. 
The censors, appointed in B.C. 442, performed some 
of their duties, and the praetors, first elected in B.C. 
365, undertook the chief part of the jurisdictio, or 
judicial functions of the consuls. When a consul 
was appointed to some command or office out of 
Rome, he was said provinciam accipere ; and when 
the consul was appointed to a foreign command af- 
ter the expiration of his year of office, he was call- 
ed proconsul. In the Greek writers on Roman his- 
tory, the consuls are called viraroi, the proconsuls 
uvdv-Karoi. The consul might also be superseded 
by the dictator, who was appointed with absolute 
power for certain emergencies. A similar authori- 
ty, however, was occasionally vested in the consuls 
themselves by virtue of the senatus decretum, which 
was worded, Videant consules ne quid respublica det- 
rimenti capiat, i. e., " Let the consuls look to it, that 
no harm befalls the state." 

The consuls were elected some time before they 



1 /Carm., Ill , ii , 17 ) 



305 



CONTUS. 



CONVOLVULUS. 



entered upon their office, and till then were called 
consules designati. In later times they entered on 
their office on the 1st of January, and were obliged 
to take the oath of office within the five days follow- 
ing, the effect of which they had to repeat in an oath 
which they took on quitting their office at the end 
of the year. The commencement of the consulate 
was always celebrated by a solemn procession to 
the Capitol, and a sacrifice there to Jupiter Capito- 
linus, and after that there was a great meeting of 
the senate. By the Lex Annalis (B.C. 181) it was 
decreed that the consul should be 43 years of age. 1 
But many were elected consuls at an earlier age. 
It was also a law that an interval of ten years 
should elapse between two elections of the same 
person to the office of consul ; but this law was not 
strictly observed, and instances occur of five or six 
re-elections to this office. C. Marius was seven 
times consul. 

'The office of consul continued after the downfall 
of the Republic. In the reign of Tiberius the con- 
suls were no longer elected by the people, but were 
appointed by the senate ; and subsequently the num- 
ber was increased, and consuls were appointed for 
a part of the year only, till at last it became only an 
honorary or complimentary appointment. In these 
times the consuls were divided into several classes : 
the consules ordinarii, who were the nearest repre- 
sentatives of the older consuls ; the consules suffecti, 
appointed by the emperors for the rest of the year ; 
and the consules honorarii, who had only the name, 
without a shadow of authority. 

The consuls, like the upxuv eiruvvfioc at Athens, 
gave their names to the year ; calendars or annual 
registers were kept for this purpose, and called 
Fasti Consulates. The last consul kiruvvnoe was 
Basilius junior, in the reign of Justinian, A.U.C. 
1294, A.D. 541. 

CONTRACTUS. (Vid. Obligationes ) 

CONTUBERNA'LES (ovcKnvoi). This word, in 
Its original meaning, signified men who served in 
the same army and lived in the same tent. It is de- 
rived from taberna (afterward tabernaculum), which, 
according to Festus, was the original name for a 
military tent, as it was made of boards {tabula). 
Each tent was occupied by ten soldiers (contuberna- 
les), with a subordinate officer at their head, who 
was called decanus, and in later times caput contu- 
bernii. 2 

Young Romans of illustrious families used to ac- 
company a distinguished general on his expeditions 
or to his province, for the purpose of gaining under 
his superintendence a practical training in the art 
of war or in the administration of public affairs, and 
were, like soldiers living in the same tent, called his 
contubernales . 3 

In a still wider sense, the name contubernales was 
applied to persons connected by ties of intimate 
friendship and living under the same roof* and 
hence, when a free man and a slave, or two slaves, 
who were not allowed to contract a legal marriage, 
lived together as husband and wife, they were call- 
ed contubernales; and their connexion, as well as 
their place of residence, contubernium. 5 Cicero 6 
calls Caesar the conlubernalis of Quirinus, thereby 
alluding to the fact that Caesar had allowed his own 
statue to be erected in the temple of Quirinus. 7 

C N T U B E'R N I U M. ( Vid. Contubernales, 

CONCUBINA.) 

CONTUS (kovtoc, from kevteu, I prick or pierce) 

1. (Cic, Philipp., v., 17, 47.)— 2. (Veget., De Re Mil., ii., 8, 
13. — Compare Cic, Pro Ligar., 7. — Hirt., Bell. Alex., 16. — Dra- 
kenb. ad Liv., v., 2.) — 3. (Cic, Pro Coel., 30.— Pro Plane, 11. 
—Suet., Jul., 42. — Tacit., Agr., 5. — Frontin., Strateg., iv., 1, 
1. — Plutarch, Pomp., 3.) — 4. (Cic. ad Fam., ix., 2. — Plin., 
3pist., ii., 13.) — 5. (Colum., xii., 1,3; i., 8. — Petron., Sat., 96. 
-Tacit., Hist., i.,43; iii.,74.)— 6. (ad Att., xiii.. 2« .)— 7. (Vid. 
Up. ad Att., xii., 45.— Suet., Jul., 76.) 

»06 



was, as Nonius 1 expresses it, a long and strong 
wooden pole or stake, with a pointed iron at the 
one end. 3 It was used for various purposes, but 
chiefly as a punt-pole by sailors, who, in shallow 
water, thrust it into the ground, and thus pushed on 
the boat. 3 It also served as a means to sound the 
depth of the water. 4 At a later period, when the 
Romans became acquainted with the huge laneea 
or pikes of some of the northern barbarians, the 
word contus was applied to this kind of weapon ; 
and the long pikes peculiar to the Sarmatians were 
always designated by this name. 6 

CONVENFRE IN MANUM. (Vid. Marriage.) 

CONVE'NTUS (ovvofioe, avvovcia, or cvvayuyr/) 
is properly a name which may be given to any as- 
sembly of men who meet for a certain purpose. 
But when the Romans had reduced foreign coun- 
tries into the form of provinces, the word conventus 
assumed a more definite meaning, and was applied 
to the whole body of Roman citizens who were ei- 
ther permanently or temporarily settled in a prov- 
ince. 7 In order to facilitate the administration of 
justice, a province was divided into a number of 
districts or circuits, each of which was called con' 
ventus, forum, or jurisdiction Roman citizens liv- 
ing in a province were entirely under the jurisdic- 
tion of the proconsul, except in the towns which 
had the Jus Italicum, which had magistrates of their 
own with a jurisdictio, from whom there was, no 
doubt, an appeal to the proconsul ; and at certain 
times of the year, fixed by the proconsul, they as- 
sembled in the chief town of the district, and this 
meeting bore the name of conventus (cvvodoc). 
Hence the expressions, conventus agere, peragere, 
convocare, dimitterc, ayopaiovc (sc. ij/uipag) uyeiv, 
&c. 9 At this conventus litigant parties applied to 
the proconsul, who selected a number of judges 
from the conventus to try their causes. 10 The pro- 
consul himself presided at the trials, and pronoun- 
ced the sentence according to the views of the 
judges, who were his assessors (consilium or consil 
iarii). As the proconsul had to carry on all official 
proceedings in the Latin language, 11 he was always 
attended by an interpreter. 12 These conventus ap- 
pear to have been generally held after the proconsul 
had settled the military affairs of the province ; at 
least, when Caesar was proconsul of Gaul, he made 
it a regular practice to hold the conventus after his 
armies had retired to their winter-quarters. 

Niebuhr 13 supposes that, after the peace of Cau- 
dium, and before any country had been made a Ro- 
man province, the name conventus was applied to 
the body of Roman citizens sojourning or residing 
at Capua, Cuma, and eight other Campanian towns. 

CONVFVIUM. (Vid. Symposium.) 

♦CONVOLVULUS, I. a species of Caterpillar, 
mentioned by Pliny 14 as doing great damage to the 
vineyards. It derives its name from rolling itself 
up in the leaf, after having half cut through the 
small stem which connects the latter with the vine. 
Modern naturalists make it the same with the Pyra- 
lis vitis. ts 

*II. A plant, the Bindweed, of which several 
kinds are mentioned by the ancient writers. Th : .; 
C. Arvensis is the ofiiTiat; of Dioscorides, 16 with the 

1. (xviii., 24.)— 2. (Virg., JEn., v., 208.)— 3. (Horn., Od., ix , 
287. — Virg., 1. c — Id., vi., 302.) — 4. (Festus, s. v. Percunctatio 
— Donat. ad Terent., Hec, I., ii., 2.) — 5. (Virg., JEn., ix., 510. 
— Tacit., Hist., i., 44 ; iii., 27. — Lamprid., Commod., 13.) — 6 
(Tacit., Hist., i., 79.— Id., Ann., vi., 35.— Stat., Achill., ii., 416. 
— Val. Flacc, vi., 162, et al.) — 7. (Cic. in Verr., ii., 13; v., 
36.— Cffis., Bell. Civ., ii., 21.— Hirt., Bell. Afr., 97.)— 8. (Cic. in 
Verr., ii., 15.— Plin., Ep., x., 5.— Plin., H. N., iii., 1, 3 ; v., 29.) 
— 9. (Cses., Bell. Gall.,i., 54 ; v., 1 ; viii., 46. — Act. Apost., xix., 
38.)— 10. (Cic. in Verr., ii., 13, &c— Niebuhr, Hist. Rom., iii., 
p. 732.)— 11. (Val. Max., II., ii., 2.)— 12. (Cic. in Verr., iii., 37 
— Ep. ad Fam., xiii., 54.)— 13. (Hist. Rom., iii., p. 340.)— 14 
(H. N., xvii., 28.)— 15. (Plin., ed. Panckoucke, vol. xi.. p. 186.} 
—16. (iv., 144.) 



CORALLIS. 



CORBIS. 



epithet of Tieia, in opposition to the a/xlla^ rpaxela, 1 
the same with the Smilax Icevis of Pliny. a This 
species does great injury to the corn, and its roots 
are not easily eradicated. Billerbeck censures Sib- 
thorp for confounding it with the irepiKlvfievov of 
Dioscorides. 3 The C. Sepium, also called ojui?,a!;, 
is the (xaTiaKOKiaco^ of the Geoponica,* and the 
Convolvulus of Pliny. 5 It has white, bell-shaped 
ficwers, and derives its name from growing in 
hedges, and places adjacent to these (" sepes et vi- 
cinn omnia implicaV). It is also called 'laatuvn, 
from 'Idao, the goddess of healing. 6 Sibthorp found 
it everywhere in the hedges of Greece. The C. 
Scammoyiia, or Scammony, 7 is the plant the inspis- 
sated juice of which is the Scammony of the shops, 
a well-known purgative. This article has been 
known from a very early period ; it is mentioned 
by Hippocrates, and many peculiar virtues were at- 
tributed to it at that time : now, however, it is con- 
sidered only as an active cathartic. The plant is 
spread over Syria, Asia Minor, and nearly the whole 
East. Sibthorp found it growing in many parts of 
Livadia and the Peloponnesus or Morea. 8 The 
C. Soldanella is the Kpufi6n -Qakaaaia, or Sea-Kale. 9 

*CONUS (k&voc), a term applied by Galen 10 and 
Paul of iEgina 11 to the Pinus sylvestris, or wild 
Pine. It is commonly used, however, to signify the 
Nux Pinea, or the fruit of the Pine-tree. Athenseus 
says that Theophrastus called the tree nevKn, and 
the fruit k&voc. 12 

*CONY'ZA (Kovvfc), a plant, three species of 
which are described by Dioscorides. 13 " Owing to 
recent changes in the Botanical terminology," ob- 
serves Adams, " there is now considerable difficulty 
ui applying scientific names to these three species. 
The older authorities referred them all to the genus 
Conuza, or Fleabane, and Stackhouse still does so, 
but hesitatingly." Sprengel, upon the whole, prefers 
the following distribution of them. 1. Inula viscosa 
Ait. 2. Inula saxatilis, or Erigeron graveolens. 3. 
Inula oculus Christi. Dierbach makes the now^a 
.">f Hippocrates the Ambrosia maritima. 1 * 

COOPTA'RE. (Vid. Collegium.) 

CO'PHINUS (kqQivoc), a large kind of wicker 
Basket, made of willow branches. 15 From Aris- 
tophanes 16 it would seem that it was used by the 
Greeks as a basket or cage for birds. The Romans 
used it for agricultural purposes ; and Columella, 17 
in describing a method of procuring early cucum- 
bers, says that they should be sown in well-manu- 
red soil, kept in a cophinus, so that in this case we 
have to consider it as a kind of portable hot-bed. 
Juvenal, 18 when speaking of the Jews, uses the ex- 
pression cophinus et foznum (a truss of hay), figura- 
tively to designate their high degree of poverty. 
{Vxd. Corbis.) 

*CORACI / NUS (tcopanlvoc), a species of Fish, the 
same with the caxipdrjc, according to Athenaeus. 
{Vid. Saperda.) 

*CORALLTUM (Kopalliov). "From the brief 
notices," observes Adams, "which Arrian, 19 He- 
sychius,* and Dionysius, 31 all of whom mention 
this term, supply, it is impossible to decide satis- 
factorily what species of the Corallina were known 
o the ancients." 

*CORALLTS, a stone resembling vermilion, and 
brought from India and Syene. a> It is supposed to 
have been red coral. The ancients thought coral 



1. (Theophrast , H N., iii., 18.)— 2. (H. N., xvi., 10; xxxiv., 
10.)— 3. (iv., 13.)— 4. (ii., 6, 31.)— 5. (H. N., xxi., 5 et 16.)— 
5. (Billerbeck, Flora Classica, p. 44.) — 7. (Dioscor., iv., 171. — 
Theophrast., H. P., iv., 6 ; ix., 1, et 10.)— 8. (Billerbeck, 1. c.) 
-0. (Dioscor., ii., 147.)— 10. (De Simpl., vii.)— 11. (vii., 3.)— 
12. (Adams, Append., s. v.)— 13. (iii., 126.— Theophrast., II. P., 
«?i., 1, 2.) — 14. (Adams, Append., s. v.) — 15. (Moer. Attic, and 
flesvch., s. v. '/ 5f>i X os.)— 16. (Av., 1223.)— 17. (xi., 3, p. 460, 
ed. Bip.)— 16 (Sat., iii., 14, and vi., 542.)— 19. (Peripl.)— 20. 
J,p.v s. v )— 21. (De Sit. Orb.)— 22. (PJin. H.N XTxvii.,10) 



to grow as a vegetable underneath the waves, and 
to harden into stone when removed from its native 
element. 1 

*CORAX (Kopa%). I. the Raven, or Corvus co- 
rax, L. " This," remarks Adams, " is generally 
held to be the Corvus of Virgil ; but the latter, ac- 
cording to Pennant, was the Rook, or Corvus frugi- 
legus, which, he says, is the only species that is gre- 
garious ; and Virgil pointedly refers to flocks of Co- 
vi. 2 This, however, is not strictly correct, for the 
hooded crow and the jackdaw are often to be seen 
in flocks. Dr. Trail informs me that he has seen 
flocks of hooded crows, consisting of many hun- 
dreds. Aristotle 3 applies this term also to a water ■ 
bird. It probably was a sort of cormorant." 4 

♦II. Probably the Trigla hirundo, L., or Tuo-fish. 
Gesner, however, makes no distinction between it 
and the nopatdvog. Coray is undecided. 5 

CORBIS, dim. CO'RBULA, CORBI'CULA, a 
Basket of very peculiar form and common use 
among the Romans, both for agricultural and other 
purposes ; so called, according to Varro, 6 " Quod 
eo spicas aut aliud quid corruebant ;" or, according 
to Isidorus, 7 " Quia curvatis virgis contexitur." It 
was made of osiers twisted together, 8 and of a con- 
ical or pyramidal shape (Trleynara ek "kvyov nvpa- 
fioetdfj. 9 A basket answering precisely to this de- 
scription, both in form and material, is still to be 
seen in every-day use among the Campanian peas- 
antry, which is called, in the language of the coun- 
try, " la corbella," a representation of which is in- 
troduced in the lower portion of the annexed wood- 
cut. The hook attached to it by a string is jot the 



3&V*k? 




purpose of suspending it to a branch of the tree into 
which the man climbs to pick his oranges, lemons, 
olives, or figs. The upper portion of the woodcut 1 * 
represents a Roman farm, in which a farming man, 
in the shape of a dwarfish satyr, is seen with a pole 
(acilla) across his shoulder, to each end of which 
is suspended a basket resembling in every respect 
the Campanian corbella ; all which coincidences of 
name, form, and description leave no doubt as to 
the identity of the term with the object represented. 
As the corbis was used for a variety of purposes, 
it is often distinguished by a corresponding epithet, 
indicating the particular service to which it was ap- 
plied ; as, for instance, corbis messoria,'- which was 
used in husbandry for measuring corn in the ear, 
and is therefore opposed to the modius, in which 



1. (Moore's Anc. Mineral., p. 177.)— 2. (Georg., i., 410.)— 3. 
(H. A., viii., 5.) — 4. (Adams, Append., s. v.) — 5. (Plin., II. N., 
xxxii., 11. — Isidor., xii., 6.) — 6. (De Ling. Lat., v., 139, ed. 
Mullcr.)— 7. (Oris:., xx., 9.)— 8. (Varro, De Re Rust., i., 22, $ 1. 
— Isidor., Columell., 11. cc.) — 9. (Arrian, Exp. Alex., v., 7, 8.) — 
10. (AntichitA di Ercolano, torn, iii., tav. 29.)— 11. (Cic, Pr< 
Sext., 38.— Compare Varro, De Re Rust., i , 53.— Property Eleg v 
IV., ii., 2« -Ovid Met.,xiv..643.) 

no7 



CORIANDRUM. 



CORNELIA LEX. 



ttie grain was measured after thrashing ; l corhs 
pal ulatoria, which held a certain measure of green 
food for cattle ; 2 corbis constricta, when put over 
the noses of cattle with sore mouths, like a muzzle, 
to prevent them from rubbing their lips. 3 These 
were all of the larger sort, the same as that men- 
tioned by Plautus,* " Geritote amicis vestris aurum 
corbibus" 

The smaller basket (corbula) was used for gath- 
ering fruit 6 (aliquot corbulas uvarum*) ; as a bread- 
basket (corbula panis 7 ) ; for carrying up viands from 
the kitchen to the ccenaculum ;* and when Nero at- 
tempted to cut through the Isthmus of Corinth, he 
put the earth into a corbula, which he took from a 
soldier, and carried it away on his shoulders (hu- 
mum corbula congestam 9 ), which identifies the sort 
of basket termed ko§lvoc by Josephus, 10 which con- 
stituted part of the marching accoutrements of ev- 
ery Roman soldier. 

The corbis was also used in the Roman navy. 
Being filled with stones, it afforded a substitute for 
an anchor in places where the soil was impervious 
to, or not sufficiently tenacious for, the fluke of an 
anchor, 11 which practice is not yet forsaken, for the 
writer has repeatedly seen the identical " corbella" 
delineated above so applied in the bay of Mola di 
Gaieta. 

CO'RBITiE, merchantmen of the larger class, 
so called because they hung out a corbis at the mast- 
head for a sign. 12 They were also termed onerarice ; 
and hence Plautus, in order to designate the vora- 
cious appetites of some women, says, " Corbitam 
cibicomessepossunt." 13 They were noted for their 
heavy build and sluggish sailing, 1 * and carried pas- 
sengers as well as merchandise, answering to the 
large " felucca" of the present day. Cicero pro- 
posed to take a passage in one of these vessels from 
Rhegium to Patrae, which he opposes to the smarter 
class of packets (actuariola 16 ). 

*COR'CHORUS (nopxopoc), a plant, probably the 
same with the Jews' Mallow, or Corchorus olitorius. 
It is still used as a potherb by the Jews at Aleppo. 
A Japanese species of this shrub is well known in 
Great Britain, according to Adams ; but the Cor- 
chorus olitorius is seldom cultivated. 18 

*CORD'YLUS (Kopdvloc), an amphibious animal 
described by Aristotle. 17 "From the discussions 
of Belon, Rondelet, Gesner, and Schneider, it would 
appear to be settled," remarks Adams," that it was 
a sort of Lizard, probably a variety of the Siren La- 
certinay 

II. The fry of the Tunny-fish, according to Pliny. 
Modern naturalists, however, think that it is proba- 
bly a variety of the Scomber-thynnus, L. 18 

*CORIANDRUM (nopiavvov or nopiov 19 ), Cori- 
ander, or Coriandrum sativum. It grows wild in 
Italy. The name is derived from the strong smell 
of bedbugs (nopie, " a bedbug") which the seed has 
when fresh. Theophrastus says there were several 
kinds. 20 According to Pliny, 21 Coriander-seed, ta- 
ken in moderate quantities, was good in aiding di- 
gestion ; and the ancients, therefore, generally took 
it after eating. Sibthorp makes the modern Greek 
name to be Kopiavdpov or novoSapac. He found it 
in Peloponnesus (the Morea) and the island of Cy- 



prus. 



22 



1. (Cato, De Re Rust., 136.)— 2. (Colum., VI., iii., 5 ; XI.,ii., 
*9.)— 3. (Veget.,Art. Veterin., ii.,33.)— 4. (Bacch.,IV.,iv.,61.) 
-5. (Cato, De Re Rust., ii., 5.— Colum., XII., l.,8.)— 6. (Varro, 
Oe Re Rust., i., 15.) — 7. (Caecilius, ap. Non., s. v. Corbis.) — 8. 
(Plaut., Aul., II., vii., 4.) -9. (Suet., Nero, 19.)— 10. (Bell. Jud., 
iii., 5, I) 5.) — 11. (Arrian, I.e. — Eunap. ap. Suid., s. v. Zevyfia.) 
—12. (Festus.— Nonius, s. v.)— 13. (Cas., IV.,i.,20.)— 14. (Lu- 
<-il. ap. Non., s. v. Corbitae. — Plaut., Pcen., III., i.,4.) — 15. (Ep. 
ad Att., xvi., 6.) — 16. (Theophrast., H. P., vii., 7. — Adams, Ap- 
pend., s. v.)— IT. (II. A., i., 5.)— 18 (Aristot., viii., 21.— Plin., 
H. N., ix., 15.) — i9. (Theophrast., i., 11 ; vii., 1. — Dioscor., iii., 
64 )— 20. (H.P., vii., 1.)— 21. (H. N , xx., 20.)— 22. (Billerbeck, 
Flora Classica, p. 76.) 
308 



*CORIS (nopic) I., a name applied to severai 
species of the genus Cimex, or bug. ( Vid. Cimex ] 

II. A Plant, the same with the Hypericum Coris 
L. 1 

CORD AX. {Vid. Comgedia, p. 299.) 

CORNE'LIA LEX. (Vid. Majestas, Repetu* 

DM.) 

CORNE'LIA FULVIA LEX. (Vid. Ambitus.) 
CORNE'LIA LEX DE FALSIS. (Vid. Falsa.) 
CORNE'LIA LEX DE INJU'RIIS. ( Vid. In- 

JVRIM.) 

CORNE'LIA LEX DE SICA'RIIS ET VENE- 
FI'CIS. A law of the Twelve Tables contained 
some provision as to homicide, 2 but this is all that 
we know. It is generally assumed that the law ol 
Numa Pompilius, quoted by Festus, 3 " Si quis hom- 
inem liberum dolo sciens morti duit paricida esto," 
was incorporated in the Twelve Tables, and is the 
law of homicide to which Pliny refers ; but this 
cannot be proved. It is generally supposed that the 
laws of the Twelve Tables contained provisions 
against incantations (malum carmen) and poisoning, 
both of which offences were also included under 
parricidium : the murderer of a parent was sewed 
up in a sack (culeus or culleus) and thrown into a 
river. It was under the provisions of some old 
law that the senate, by a consultum, ordered the 
consuls P. Scipio and D. Brutus (B.C. 138) to in- 
quire into the murder in the, Silva Scantia (Silvr. 
Sila*). The lex Cornelia de Sicariis et Veneficu 
was passed in the time of the dictator Sulla, B.C. 
82. The lex contained provisions as to death oi 
fire caused by dolus malus, and against persons go- 
ing about armed with the intention of killing or 
thieving. The law not only provided for cases of 
poisoning, but contained provisions against those 
who made, sold, bought, possessed, or gave poison 
for the purpose of poisoning ; also against a magis- 
trate or senator who conspired in order that a per- 
son might be condemned in a judicium publicum, 
&c. 5 To the provisions of this law was subse- 
quently added a senatus consultum against mala 
sacrificia, otherwise called impia sacrificia, the 
agents in which were brought within the provisions 
of this lex. The punishment inflicted by this law 
was the interdictio aquae et ignis, according to 
some modern writers. Marcian 6 says that the pun- 
ishment was deportatio in insulam et bonorum adem- 
tio. These statements are reconcilable when we 
consider that the deportatio under the emperors 
took f;he place of the interdictio, and the expression 
in the Digest was suited to the times of the writers 
or the compilers. Besides, it appears that the lex 
was modified by various senatus consuiia and im- 
perial rescripts. 

The lex Pompeia de Parricidiis, passed in the 
time of Cn. Pompeius, extended the crime of parri- 
cide to the killing (dolo malo) of a brother, sister, 
uncle, aunt, and many other relations enumerated 
by Marcianus ; 7 this enumeration also comprises 
vitricus, noverca, privignus, privigna, patronus, pa- 
trona, an avus who killed a nepos, and a mother 
who killed a filius or filia ; but it did not extend to 
a father. All privy to the crime were also punished 
by the law, and attempts at the crime also came 
within its provisions. The punishment was the 
same as that affixed by the lex Cornelia de Sica- 
riis, 8 by which must be meant the same punishment 
that the lex Cornelia affixed to crimes of the same 
kind. He who killed a father or mother, grand- 
father or grandmother, was punished (more majo- 
rum) by being w hipped till he bled, sewn up in a 

1. (Dioscor., iii., 164. — P. iEgin., vii., 3.— Plin., H. N., xxvi., 
54.)— 2. (Plin., H. N., xviii., 3.)— 3. (s. v. Parici Qusestores.)— 
4. (Cic, Brutus, c. 22, ed. H. Meyer.) — 5. (Compare Cic, Pre 
Cluent., c. 54, with Dig. 49, tit. 8.)— P. (Dig. 49, tit. 8, s. 3 x - 
*-'. (Dig. 49, tit. 9, s. 1.)— S. (Dig.. 1. c.) 



CORNU. 



CORONA. 



sack with a dog, cock, viper, and ape, and thrown 
into the sea if the sea was at hand, and if not, by 
a constitution of Hadrian, he was exposed to wild 
aeasts, or, in the time of Paulas, to be burned. The 
ape would appear to be a late addition. The mur- 
derers of a father, mother, grandfather, grandmoth- 
er only were punished in this manner ;* other par- 
ricides were simply put to death. From this it is 
clear that the lex Cornelia contained a provision 
against parricide, if we are rightly informed as to 
the provisions de Sicariis et Veneficis, unless there 
was a separate Cornelia Lex de Parricidiis As al- 
ready observed, the provisions of those two leges 
were modified in various ways under the emperors. 
It appears from the law of Numa, quoted by 
Festus, 2 that a parricida was any one who killed 
another dolo malo. Cicero 3 appears to use the 
word in its limited sense, as he speaks of the pun- 
ishment of the culleus. In this limited sense there 
seems no impropriety in Catilina being called par- 
ricida with reference to his country ; and the day 
of the dictator Caesar's death might be called a par- 
ricidium, considering the circumstances under which 
the name was given. 4 If the original meaning of 
parricida be what Festus says, it may be doubted 
if the etymology of the word (pater and caedo) is 
correct ; for it appears that paricida or parricida 
meant murderer generally, and afterward the mur- 
derer of certain persons in a near relationship. If 
the word was originally patricida, the law intended 
to make all malicious killing as great an offence as 
parricide, though it would appear that parricide, 
properly so called, was, from the time of the Twelve 
Tables at least, specially punished with the culleus, 
and other murders were not. 5 

♦CORNIX, the Carrion Crow. (Vid. Corone.) 
CORNU, a wind instrument, anciently made of 
horn, but afterward of brass. 6 According to Athe- 
naeus, 7 it was an invention of the Etruscans. Like 
the tuba, it differed from the tibia in being a larger 
and more powerful instrument, and from the tuba 
itself in being curved nearly in the shape of a C, 
with a crosspiece to steady the instrument for the 
convenience of the performer. In Greek it is called 
cTpoyyv'krj Gah-rziyt; It had no stopples or plugs to 
adjust the scale to any particular mode ; 8 the en- 
tire series of notes was produced without keys or 
holes, by the modification of the breath and of the 
lips at the mouthpiece. Probably, from the descrip- 
tion given of it in the poets, it was, like our own 
horn, an octave lower than the trumpet. The clas- 
sicum, which originally meant a signal rather than 
the musical instrument which gave the signal, was 
usually sounded with the cornu. 

" Sonuit reflexo classicum cornu, 
Lituusque adunco stridulos cantus 
Elisit are:' 9 




1. (Modest., Dig. 49, tit. 9, s. 9.) — 2. (8. v. Parici Qusstores.) 
8. (PioRos.Am., c. 25.)— 4. (Suet., Os., c. 88.)— 5. (Dig. 49, 
it. 8, 9. — Paulus, Recept. Sentent., v., tit. 24. — Dirksen, Ueber- 
richl, &<:., der Zwolftafelgesetze, Leipsig.)— 6. (Varro, De Ling. 
l*t., v., 117, ed. Muller.)— 7. (iv., 184, A.)— 8. (Burney's Hist, 
o' Music, vol. i., p. 518.)— 9. (Sen. (Ed.. 734.) 



From which lines we learn the distinction between 
the cornu and lituus, as from Ovid 1 we learn that 
between the tuba and cornu : 

" Non tuba directi, non aris cornua flexi.^ 

The preceding woodcut, taken from Bartholini, 9 
illustrates the above account. 

CORO'NA (oTE(pavoc), a Crown ; that is, a circu- 
lar ornament of metal, leaves, or flowers, worn by 
the ancients round the head or neck, and used as a 
festive as well as funereal decoration, and as a re- 
ward of talent, military or naval prowess, and civil 
worth. It includes the synonymes of the species, 
for which it is often used absolutely, are<puvn, ortyoc, 
OTe<pdvu/j.a, corolla, sertum, a garland or wreath. 

The first introduction of this ornament is attrib- 
uted to Janus Bifrons, 3 the reputed inventor of ships 
and coinage, whence many coins of Greece, Italy, 
and Sicily bear the head of Janus on one side, and a 
ship or a crown on the reverse. 

Judging from Homer's silence, it does not appear 
to have been adopted among the Greeks of the he- 
roic ages as a reward of merit or as a festive dec- 
oration, for it is not mentioned among the luxuries 
of the delicate Phaeacians or of the suiters. But 
a golden crown decorates the head of Venus in the 
hymn to that goddess.* 

Its first introduction as an honorary reward is 
attributable to the athletic games, in some of which 
it was bestowed as a prize upon the victor, 5 from 
whence it was adopted in the Roman circus. It 
was the only one contended for by the Spartans in 
their gymnic contests, and was worn by them when 
going to battle. 6 

The Romans refined upon the practice of the 
Greeks, and invented a great variety of crowns, 
formed of different materials, each with a separate 
appellation, and appropriated to a particular purpose. 
We proceed to enumerate these and their proper- 
ties, including in the same detail an account of tie 
corresponding ones, where any, in Greece. 

I. Corona Obsidionalis. Among the honora- 
ry crowns bestowed by the Romans for military 
achievements, the most difficult of attainment, and 
the one which conferred the highest honour, was 
the corona obsidionalis, presented by a beleaguered 
army after its liberation to the general who broke 
up the siege ; It was made of grass, or weeds and 
wild flowers, 7 thence called corona graminea, 6 and 
graminea obsidionalis, 9 gathered from the spot on 
which the beleaguered army had been enclosed, 10 in 
allusion to a custom of the early ages, in which the 
vanquished party, in a contest of strength or agility. 




plucked a handful of grass from the meadow wheie 

1. (Metam., i., 98.)— 2. (De Tibiis, p. 403.)— 3. (Athen.,xv„ 
45.)— 4. (1 and 7.)— 5. (Plin., H. N., xv., 39.— Pindar, Olymp., 
iv., 36. — Argol. in Panvin., De Lud. Circ, i., 16. — Hamilton's 
Vases, vol. iii., pi. 47.)— 6. (Hase, p. 198, 200, trans 1.)— 7. (Plin , 
H. N., xxii., 7.)— 8. (Plin., H. N., xxii., 4.)— 9 (Liv., vii., 37.) 
—10. (Plin.. 1. c— Aul. G«l , v., 6.— ,Fe*tus, s. v. Obsidionalis.J 

a09 



COROx^A. 



^OROiN. 



tlie struggle took place, and gave it to his opponent 
as a token of victory. 1 A list of the few Romans 
who gained this honour is given by Pliny. 2 A rep- 
resentation of the corona graminea is introduced in 
the preceding woodcut. 3 

II. Corona Civica, the second in honour and im- 
portance,* was presented to the soldier who had 
preserved the life of a Roman citizen in battle, 5 and 
therefore accompanied with the inscription " Ob 
civem servatum," 6 as seen on the medal of M. Lep- 
iuus, introduced in the next woodcut, in which the 
letters H. 0. C. S. stand for hostem occidit, civem 
servavit. It was originally made of the ilex, after- 
ward of the cesculus, and finally of the quercus, 7 
three different sorts of oak, the reason for which 
choice is explained by Plutarch. 8 It is represented 
in the next woodcut, 9 above which the medal of Lep- 
idus, 10 just mentioned, is placed. 




As the possession of this crown was so high an 
nonour, its attainment was restricted by very se- 
vere regulations, 11 so that the following combina- 
tions must have been satisfied before a claim was 
allowed : To have preserved the life of a Roman 
citizen in battle, slain his opponent, and maintained 
the ground on which the action took place. The 
testimony of a third party was not admissible ; the 
person rescued must himself proclaim the fact, which 
increased the difficulty of attainment, as the Roman 
soldier was commonly unwilling to acknowledge 
his obligation to the prowess of a comrade, and to 
show him that deference which he would be com- 
pelled to pay to his preserver if the claim were es- 
tablished. 12 Originally, therefore, the corona, civica 

1. (Aul. Gell., v., 6.— Plin., H. N., xxii., 4.— Festus, s. v. Ob- 
sidionalis.— Sew. ad Virg., JEn., viii., 128.)— 2. (H. N., xxii., 4, 
5.) — 3, (Guichard, De Antiquis Triumphis, p. 268. — Compare 
Hardouin ad Plin., H. N., x., 68.)— 4. (Plin., H. N., xvi., 3.)— 
5. (Aul. Gell., v., 6.)— 6. (Senec, Clem., i., 26.)— 7. (Pirn., H. 
N., xvi., 5.) — 8. (Quaest. Rom., p. 151, ed. Reisk.) — 9. (Jacob de 
Bie, Numism. Aurea Imp. Rom., pi. 5.)— 10. (Goltz, Histona 
CiEsarum ex Antiq. Numismat. Restitut., xxxiii., 1.) — 11. (Plin. 
R N , xvi., 5 )— 12 (Cic, Pro Plane, 30.) 
910 



was presented by the rescued soldier, 1 after .he 
claim had been thoroughly investigated by the trib- 
une, who compelled a reluctant party to come for- 
ward and give his evidence ; 2 but under the Em- 
pire, when the prince was the fountain from w r hence 
all honours emanated, the civic crown was no lon- 
ger received from the hands of the person whose 
preservation it rewarded, but from the prince him- 
self, or his delegate. 3 

The preservation of the life of an ally, even 
though he were a king, would not confer a sufficient 
title for the civic crown. When once obtained, it 
might always be worn. The soldier who had ac- 
quired it had a place reserved next to the senate at 
all the public spectacles ; and they, as well as the 
rest of the company, rose up upon his entrance. 
He was freed from all public burdens, as were also 
his father, and his paternal grandfather; and the 
person who owed his life to him was bound, ever 
after, to cherish his preserver as a parent, and af- 
ford him all such offices as were due from a son to 
his father. 4 

A few of the principal characters who gained 
this reward are enumerated in the following pas- 
sages : Plin., H. N., vii., 29 ; xvi., 5. — Liv., vi., 20; 
x., 46. L. Gellius Publicola proposed to confer it 
upon Cicero for having detected and crushed the 
conspiracy of Catiline ; 5 and among the honours 
bestowed upon Augustus by the senate, it was de- 
creed that a civic crown should be suspended from 
the top of his house ; 6 hence a crown of oak leaves, 
with the inscription ob cives servatos, is frequently 
seen on the reverse of the Augustan medals, as also 
on those of Galba, Vitellius, Vespasian, Trajan, &c., 
showing that they likewise assumed to themselve3 
a similar honour. , 

Other chaplets of leaves of many kinds were 
used both at Rome and in Greece, but they aie 
distinct in character and purpose from the corona 
civica. An oak wreath was given by the Greeks to 
Jupiter ; 7 but that has no acorns, which formed a 
prominent feature in the corona civica ; 8 and likewise 
to Hecate ; 9 of ivy to Bacchus, 10 commonly seen in 
his statues, from which he is termed Kio-aoKo/nnv. 11 
Those who assisted at a sacrifice wore a crown of 
bay, and the victim a wreath of cypress, pine, or 
flowers, and leaves of the tree sacred to the deity 
to whom the offering was made. 12 Romulus be- 
stowed a crown of leaves upon Hostus Hostilius, 
as the first man who stormed the city of Fidenes ; 13 
and the army paid a similar compliment to P. De- 
cius, by whom it was saved from destruction duiing 
the Samnite war. 14 

It will not fail to be remarked, as characteristic 
of Roman manners and early republican virtue, that 
the two crowns which were the most difficult to 
obtain, and held in tl\c highest honour, possessed 
no intrinsic value. 

III. Corona Navams or Rostrata, called also 
Classica." It is difficult to determine whether 
these were two distinct crowns, or only two de- 
nominations for the same one. Virgil 16 unites both 
terms in one sentence, "Ternpora navali fulgent 
rostrata corona." But it seems probable that the 
former, besides being a generic term, was inferioi 
in dignity to the latter, and given to the sailor wh<* 

1. (Aul. Gel., v., 6.— Polyb., vi., 37.)— 2. (Polyb., 1. c.)— ? 
(Tacit., Ann., xv., 12.— Compare iii., 2.) — 4. (Polyb., vi., 37. — 
Cic, Pro Plane, 30.— Plin., H. N., xvi., 5.— Aul. Gell., v., 6 ) 
—5. (Aul. Gell., v., 6.)— 6. (Dion Cass., liii., 16.— Val. Max., 
ii., 8, fin.— Ovid, Fast., i., 614 ; iv., 953.— Trist., III., i., 6.— 
Senec, Clem., i., 26. — Suet., Calig-., 19. — Compare Claud., 17 
—Tib., 26.)— 7. (Hamilton's Vases, vol. iii., pi. 1. ) —8. (Pirn., 
H. N., xvi., 5.) — 9. (Soph., Fragm. ap. Yftpkaaaar, Diatr. in 
Eur. Frag., p. 167.)— 10. (Plm., H. N., xvi., 4.)— 11. (Ho/j ., 
Hymn.inBacch.,1.— Compare 9.)— 12. (Plin., I.e.)— 13. (Plin. 
H. N., xvi., 5.)— 14. (Liv., vii., 37.)— 15. (Paterc, ii., 81.)- -16 
(JEn., viii., 684.) 



CORONA. 



CORONA. 



brst boarded an enemy's ship; 1 whereas the latter 
was given to a commander who destroyed the 
whole fleet, or gained any very signal victory. 2 At 
all events, they were both made of gold ; and one, 
at least (rostrata), decorated with the beaks of 
ships, like the rostra in the Forum, 3 as seen in a 
medal of Agrippa ;* the other (navalis), with a rep- 
resentation of the entire bow, as shown in the sub- 
joined woodcut. 8 




The Athenians likewise bestowed golden crowns 
for naval services, sometimes upon the person who 
got his trireme first equipped, and at others upon 
the captain who had his vessel in the best order. 6 

IV. Corona Muralis. The first man who scaled 
the wall of a besieged city was presented by his 
commander with a mural crown. 7 It was made 
of gold, and decorated with turrets (muri pinnis*), 
as represented in the next woodcut ; 9 and being 
one of the highest orders of military decorations, 
was not awarded to a claimant until after a strict 
investigation. 10 




Cybele is always represented with this crown 
upon her head ; H but in the woodcut annexed 13 the 
form of the crown is very remarkable, for it in- 
cludes the whole tower as well as the turrets, thus 
affording a curious specimen of the ancient style of 
fortification. 




V. CatosA. Castrensis or Vallaris. The first 
tidier who surmounted the vallum, and forced an 
mtrance into the enemy's camp, was in like man- 
,er presented with a golden crown, called corona 

1. (Plin., H. N., xvi., 3.)— 2. (Compare Aul. Gell., v., 6.— Liv., 
wpit., 129. — Dio Cass., xlix., 14. — Seneca, De Ben., iii., 32. — Fes- 
E u, «.v. Navalis Corona. — Plin.,H. N., viii., 31 ; xvi., 4. — Suet., 
Claud., 17.)— 3. (Plin., II. N., xvi., 4.)— 4. (Tristan, Comment. 
Histor.q. des Empereurs, torn, i., p. 131.) — 5. (GuicVard, de An- 
tiq. Triumphis, p. 267.)— 6. (Demosth., de Corona Prsef. Nav., 
p. 278, 279, ed. Schaeffer.)— 7. (Aul. Gell., v., 6, 4.— Liv., xxvi., 
48.1— 8. (Aul. Gell., 1. c.)— 9. (Guichard, De Antiq. Triumph., 
p. 265.)— 10. (Liv., 1. c— Compare Suet., Au"., 25.)— 11. (Lu- 
ciet.. ii., 607, 610 —Ovid, Fast., iv , 219.— Compare Virg., ^n., 
-.. 253 . v "86.)— 12. (Caylus, Reeueil D'Antiq. vol. v., pi. 7 ) 






castrensis or vallaris, 1 which was ornamented 
the palisades (valli) used in forming an intrench 
ment, as represented in the annexed woodcut • 




VI. Corona Triumphalis. There were three 
sorts of triumphal crowns, the first of which was 
worn round the head of the commander during his 
tnumph. It was made with laurel or bay leaves,* 
which plant is frequently met with on the ancient 
coins, both with the berries and without them. It 
was the latter kind, according to Pliny,* which was 
used in the triumph, as is shown in the annexed 
woodcut, from a medal which commemorates thp 




Parthian triumph of Ventidius, the lieutenant ol 
Antony. 5 Being the most honourable of the three 
it was termed laurea insignia 6 and insignis corona 
triumphalis. 

The second one was of gold, often enriched with 
jewels, which, being too large and massive to be 
worn, was held over the head of the general during 
his triumph by a public officer (servus puUicus 1 ). 
This crown, as well as the former one, was pre- 
sented to the victorious general by his army. 

The third kind, likewise of gold and great value, 
was sent as presents from the provinces to the com- 
mander as soon as a triumph had been decreed to 
him, 8 and therefore they were also termed provinci- 
ales. 9 In the early ages of republican virtue and 
valour these were gratuitous presents, but before 
the extinction of the Republic they were exacted 
as a tribute under the name of aurum coronarium, to 
which none were entitled but those to whom a tri- 
umph had been decreed. (Vid. Aurum Coronari- 
um.) The custom of presenting golden crowns 
from the provinces to victorious generals was like- 
wise in use among the Greeks, for they were pro- 
fusely lavished upon Alexander after his conquest 
of Darius. 10 

VTI. Corona Ovalis was another crown of less 
estimation, appropriated solely to commanders. It 
was given to those who merely deserved an ova- 
tion, which happened when the war was not duly 
declared, or was carried on against a very inferior 
force, or with persons not considered by the iaws 
of nations as lawful enemies, such as slaves and 
pirates ; or when the victory was obtained without 
danger, difficulty, or bloodshed ; u on which account 

1. (Aul. Gell., v., 6, 5.— Compare Val. Max., i., 8, 6.)— 2. 
(Guichard, De Antiq. Triumph., p. 266.)— 3. (Aul. Gell., v., 6. 
—Ovid, Pont., II., ii., 81— Tibull., I., vii., 7.)— 4. (H. N., xv., 
39.)— 5. (Goltz, Hkst. C«es., xlviii., 2.)— 6. (Liv., vii., 13.)— 7. 
(Juv., Sat.,x., 41.)— 8. (Plut., Paul. JEiniL, 34.)— 9. (Tertull.j 
De Coron. Mil., c. 13.)— 10. (Athen., xii., 54.)— 11. (Aul. G-U., 
r., 6.— Fesfua, 8. v Ovalis Corona.) 

911 



CORONA. 



CORONA. 



H "'ac made of myrtle, the shrub sacred to Venus : 
" Quod non Martins, sed quasi Veneris quidam tri- 
amphus foret." 1 The myrtle crown is shown in 
the woodcut annexed, from a medal of Augustus 
Caesar. 2 




VIII. Corona Oleagina. This was likewise an 
honorary wreath, made of the olive leaf, and con- 
ferred upon the soldiers as well as their command- 
ers. According to Gellius, 3 it was given to any 
person or persons through whose instrumentality a 
triumph had been obtained, but when they were not 
personally present in the action. It is represented 
in the next woodcut, from a medal of Lepidus,* and 
was conferred both by Augustus and the senate 
UDon the soldiery on several occasions. 5 




Golden crowns, without any particular designa- 

ion, were frequently presented out of compliment 

by one individual to another, and by a general to a 

soldier who had in any way distinguished himself. 6 

The Greeks, in general, made but little use of 
crowns as rewards of valour in the earlier and bet- 
ter periods of their history, except as prizes in the 
athletic contests ; but, previous to the time of Alex- 
ander, crowns of gold were profusely distributed, 
among the Athenians at least, for every trifling feat, 
whether civil, naval, or military, 7 which, though 
lavished without much discrimination as far as re- 
gards the character of the receiving parties, were 
still subjected to certain legal restrictions in respect 
of the time, place, and mode in which they were 
conferred. They could not be presented but in the 
public assemblies, and with the consent, that is, by 
suffrage, of the people, or by the senators in their 
council, or by the tribes to their own members, or 
by the dyfiorat, to members of their own dijfioc. Ac- 
cording to the statement of ^Eschines, the people 
could not lawfully present crowns in any place ex- 
cept in their assembly, nor the senators except in 
the senate-house ; nor, according to the same au- 
thority, in the theatre, which is, however, denied 
by Demosthenes ; nor at the public games ; and if 
any crier there proclaimed the crowns, he was sub- 

1. f AuL Gell., 1. c— Plutarch, Marcell., 22.— Compare Plin., 
H. N.. xv , 39— Dionys., v., 47.)— 2. (Goltz, Hist. Cass., xvi., 
20.)— 3 vv., 6.)— 4. (Goltz, Hist. C*s., xxxiii., 5.)— 5. (Dion 
Cass., x\x, 14; xlvi., 40.)— 6. (Liv., vii., 10, 37; x., 44; xxx., 
\&.)— 7. (jEsch., c. Ctes.— Demosth., De Coron., passim.) 
319 



ject to aTLfila. Neither could any person holding 
an office receive a crown while he was virevdwoc, 
that is, before he had passed his accounts. But 
crowns were sometimes presented by foreign cities 
to particular citizens, which were termed are^dvot 
1-eviKoi, corona, hospitales. This, however, could not 
be done until the ambassadors from (hose cities had 
obtained permission from the people, and the party 
for whom the honour was intended had undergone 
a public investigation, in which the whole course 
of his life was submitted to a strict inquiry. 1 

The principal regulations at Rome respecting 
these honours have been already mentioned in. the 
account of the different crowns to which they ap- 
plied. 

We now proceed to the second class of crowns, 
which were emblematical and not honorary, at least 
to the person who wore them, and the adoption of 
which was not regulated by law, but custom. Or 
these there were also several kinds. 

I. Corona Sacerdotalis, so called by Ammianus 
Marcellinus. 8 It was worn by the priests (sacer- 
dotes), with the exception of the pontifex Maximus 
and his minister (camillus), as well as the by-stand- 
ers, when officiating at the sacrifice. It does not 
appear to have been confined to any one material, 
but was sometimes made of olive (see preceding 
woodcut 3 ), sometimes of gold,* and sometimes of 
ears of corn, then termed corona spicea, which kind 
was the most ancient one among the Romans, 5 and 
was consecrated to Ceres, 6 before whose temples it 
was customarily suspended. 7 It was likewise le- 
garded as an emblem of peace, 8 in which character 
it appears in the subjoined medal, which commem- 
orates the conclusion of the civil war between An- 
tony and D. Albinus Brutus. • 




II. Corona Funebris and Sepulchralis. The 
Greeks first set the example of crowning the dead 
with chaplets of leaves and flowers, 10 which was 
imitated by the Romans. It was also provided by 
a law of the Twelve Tables, that any person who 
had acquired a crown might have it placed upon 
his head when carried out in the funereal proces- 
sion. 11 Garlands of flowers were also placed upon 
the bier, or scattered from the windows under 
which the procession passed, 12 or entwined about 
the cinerary urn, 13 or as a decoration to the tomb. 1 * 
In Greece these crowns were commonly made of 
parsley (ceXivov 15 ). 

III. Corona Convivialis. The use of chaplets 
at festive entertainments sprung likewise from 
Greece, and owe their origin to the practice of 
tying a woollen fillet tight round the head, for the 
purpose of mitigating the effects of intoxication. 16 
Thus Mercury in the Amphitryon, 17 when he is about 

1. (jEsch., c. Ctes. — Demosth., De Coron.) — 2. (xxxix., 5, $ 
6.)— 3. (Stat., Theb., iii., 466.)— 4. (Prudent., Uept Xr/0 x., 
1011— Tertull., De Idol., 18.)— 5. (Plin., H. N., xviii., 2.)— 6 
(Hor., Carm. Sc, 30.— Tibull., II., i., 4 ; I., i., 15.)— 7. (Ti 
bull., I., i., 16.— Compare Apul., Met., vi., p. 110, ed. Var ) — 8. 
(Tibull., i., 10, 67.)— 9. (Goltz, Hist. Cass., xxii., 2.)— 10. (,Eu- 
rip., Phcen., 1647.— Schol. ad loc.)— 11. (Cic, De Leg., ii , 24 
—Plin., H. N., xxi., 5.)— 12. (Plin., H. N., xxi., 7.— Dionys. 
xi., 39.) — 13. (Plutarch, Marcell., 30. — Demetr., 53.)— 14 
(PlinL, H. N., xxi., 3.— Ovid, Trist., III., ii., 82.— TibiJL, IL 
j v#? 48.)— 15. (Suidas, s. v.— Pint., Timol., 26.)— 16. (Aristot. 
Erotic, ap. Athen., xv . 16 >--17. (III., iv„ 16.) 



CORONA. 



CORPUS JURIS CIVIL13. 



to snam drunk, says, " Capiam coronam mihi in 
caput, assimilabo me esse ebrium." But, as luxury 
increased, they were made of various flowers or 
shrubs, such as were supposed to prevent intoxica- 
tion ; of roses (which were the choicest), violets, 
myrtle, ivy, philyra, and even parsley. 1 The Ro- 
mans were not allowed to wear these crowns in 
public, " in usu promiscuo," which was contrary to 
the practice of the Greeks, and those who attempt- 
ed to do so were punished with imprisonment. 3 

IV. Corona Nuptialis. The bridal wreath, are- 
■i/oc ya/iTjAiov, 3 was also of Greek origin, among 
whom it was made of flowers plucked by the bride 
herself, and not bought, which was of ill omen.* 
Among the Romans it was made of verbena, also 
gathered by the bride herself, and worn under the 
Jlammeum,* with which the bride was always en- 
veloped. 6 The bridegroom also wore a chaplet. 7 
The doors of his house were likewise decorated 
with garlands, 8 and also the bridal couch. 9 

V. Corona Natalitia, the chaplet suspended 
over the door of the vestibule, in the houses of both 
Athens and Rome, in which a child was born. 10 At 
Athens, when the infant was male, the crown was 
made of olive ; when female, of wool -, 11 at Rome it 
was of laurel, ivy, or parsley. 13 

Besides the crowns enumerated, there were a 
few others of specific denominations, which receiv- 
ed their names either from the materials of which, 
or the manner in which, they were composed. 
These were : 

T. Corona Longa, 13 which is commonly thought to 
resemble what we call a festoon, and, as such, seem 
to have been chiefly used to decorate tombs, curule 
chairs, triumphal cars, houses, &c. But the w r ord 
must have had a more precise meaning, and was 
probably called longa from its greater size, and 
meant a circular string of anything, like the " rosa- 
ry" used by the lower orders in Catholic countries 
to reckon up their prayers, which in Italy is still 
called la corona, doubtless tracing its origin to the 
corona longa of their heathen ancestors, to which 
description it answers exactly. 

II. Corona Etrusca was a golden crown, made 
to imitate the crown of oak leaves, studded with 
gems, and decorated with ribands (lemnisci) or ties 
of gold. 1 * Any crown fastened with these ribands, 
whether real or artificially represented, was also 
termed corona lemniscata, a specimen of which is 
given by Caylus. 15 

III. Corona Pactilis, 16 probably the same as the 
corona plectilis of Plautus, 17 corona torta, 1 * plexa, 19 
oreduvoi TrXenToi,™ and kvIictoc areepdvoc.* 1 It was 
made of flowers, shrubs, grass, ivy, wool, or any 
flexible material twisted together. 

IV. Corona Sotilis, the crown. used by the Salii 
at their festivals. 33 It was made in the first in- 
stance of any kind of flowers sewed together, in- 
stead of being wreathed with their leaves and 
stalks ; but subsequently it was confined to the rose 
only, the choicest leaves of which were selected 



1. (Mart., Epigr xiii., 127. — Hor., Carm., II., vii., 24. — Id., 
Sat., II., iii., 256. — Id., Carm., I., xxxviii., 2. — Juv., Sat., v., 36. 
— Virg., Eclog., vi., 16.— Ovid, Fast., v., 335, 337, 341.— Tacit., 
Ann., ii., 57. — Capitolin., Verus, 5.) — 2. (Plin., H. N., xxi., 6. — 
Compare Hor., Sat., II., iii., 256. — Val. Max., vi., 9, ext. 1.) — 3. 
(Bion, Idyll., i., 88.) — 4. (Alex, ab Alex., ii., 5.) — 5. (Festus, s. 
r. Corolla.)— 6. (Catull., lxi., 6, 8.— Cic, De Orat., iii., 58.)— 7. 
(Tertull., De Coron. Mil., c. 13.— Claud., Nupt. Honor. etMar., 
202.— Plaut., Cas., IV., i., 9.)— 8. (Catull., lxiv., 294.— Juv., 
Sat., vi., 51,227.)— 9. (Apollon. Rhod., iv., 1143.) — 10. (Juv., 
Sat., ix., 85. — Meursius, Attic. Lect., iv., i0.) — 11. (Hesvch., 
i.v. Urctiavog.)— 12. (Bartholin.. De Puerp., p. 127.)— 13. (Cic, 
De Leg., 24.— Ovid, Fast., iv., 738.)— 14. (Plin., H. N., xxi., 4 ; 
txxiii., 4.) — 15. (Recueil d'Antiq., vol. v., pi. 57, No. 3.) — 16. 
(Plin., H. N., xxi., 8.)— 17. (Bacch., I., i., 37.) — 18. (Propert., 
ni.. 20, 18, ed. Kuiuoel.)— 19. (Aul. Gell., xviii., 2.)— 20. (Xen. 
Coloph., ap. Atheu., xv., 22.) — 21. (Eubulus, Comicus, 1. c.) — 
82. 'Plin., H. N., xxi., 8.) 
R R 



from the whole flower, and sewed together by a 
skilful hand, so as to form an elegant chaplet. 1 

V. Corona Tonsa or Tonsilis 3 was made of 
leaves only, of the olive or laurel for instance, 3 and 
so called in distinction to nexilis and others, in 
which the whole branch was inserted. 

VI. Corona Radiata* was the one given to the 
gods and deified heroes, and assumed by some of 
the emperors as a token of their divinity. It may 
be seen on the coins of Trajan, Caligula, M. Aure 
lius, Valerius Probus, Theodosius, &c., and is given 
in the woodcut annexed, from a medal of Marc An- 
tony. 5 




VII. The crown of vine leaves (pampinea) was 
appropriated to Bacchus, 6 and considered a symbol 
of ripeness approaching to decay ; whence the Ro- 
man knight, when he saw Claudius with such a 
crown upon his head, augured that he would not 
survive the autumn. 7 

*CORO'NE (tcopuvn), the Corvus Corone, or Car- 
rion Crow. (Vid. Corax.) The specific name of 
kvulioc Kop6vn is applied by Aristotle 8 and by ^Eli- 
an 9 to a w r ater-bird, which was, no doubt, some spe- 
cies either of the cormorant or coot. It occurs 
also in the Odyssey of Homer 10 as a sea-bird. 11 

*CORO'NOPUS (Kopuvonovc), a plant, about 
which there has been some difference of opinion, 
but which, in all probability, is the same with thp 
Buck's-horn Plantain, or Plantago Coronopus. 12 

CORPUS. (Vid. Collegium.) 

CORPUS JURIS CIVFLIS. The three great 
compilations of Justinian, the Institutes, the Pan- 
dects, and the Code, together with the Novellas 
form one body of law, and were considered as such 
by the glossatores, who divided it into five volumi- 
na. The Pandects were distributed into three vo- 
lumina, under the respective names of Digestum 
Vetus, Infortiatum, and Digestum Novum. The 
fourth volume contained the first nine books of the 
Codex Repetitee Preelectionis. The fifth volume 
contained the Institutes, the Liber Authenticorum 
or Novellae, and the last three books of the Codex 
The division into five volumina appears in the old- 
est editions ; but the usual arrangement now is, the 
Institutes, Pandects, the Codex, and Novellae. The 
name Corpus Juris Civilis was not given to this 
collection by Justinian, nor by any of the glossato- 
res. Savigny asseTts that the name was used in 
the twelfth century : at any rate, it became common 
from the date of the edition of D. Gothofredus of 
1604. 

Most editions of the Corpus also contain the fol- 
lowing matter : Thirteen edicts of Justinian, five 
constitutions of Justin the younger, several consti- 
tutions of Tiberius the younger, a series of consti- 



1. (Plin., 1. c.)-2. (Virg., ^En., v., 556.)— 3. (Serv. ad Virsr., 
Georg., iii., 21.)— 4. (Stat., Theb., i., 28.) — 5. (Goltz, Hist 
Oes., xlvi.,3.) — 6. (Hor., Carm., III., xxv., 20 ; IV., viii., 33.) 
— 7. (Tacit., Ann., xi., 4. — Compare Artemidor., i., 79.)— 8. 
(Aristot., H. A., viii., 5.)— 9. (N. A.,: /., 23.)— 10. (v., 66.!- 
11. (Adams, Append., s. v.)— 12. (The^phrast., II. P., vii., 8. - 
Id., C. P., ii., 5.— Dios^or., ii., 156.— Adams, Append., s. r \ 

313 



CORTINA. 



CORVUS 



tutions oi Justinian, Justin, and Tiberius ; 113 No- 
vellas of Leo, a constitution of Zeno, and a number 
of constitutions of different emperors, under the 
name of BaatXiKai Ataia^etc, or Imperatorias Con- 
stitutions ; the Canones Sanctorum et venerando- 
rum Apostolorum, Libri Feudorum, a constitution 
of the Emperor Frederic II., two of the Emperor 
Henry VII., called Extravagantes, and a Liber de 
pace Constantiee. Some editions also contain the 
fragments of the Twelve Tables, of the praetorian 
edict, &c. 
1 Some editions of the Corpus Juris are published 
with the glossse, and some without. The latest edi- 
tion with the glossae is that of J. Fehius, Lugd., 
1627, six vols, folio. Of the editions without the 
glossee, the most important are, that of Russardus, 
Lugd., 1561, 2 vols, folio, which was several times 
reprinted; Contius, Lugd., 1571 and 1581, 15 vols. 
12mo; Lud. Charondse, Antw., 1575, folio; Dionys. 
Gothofredi, Lugd., 1583, 4to, of which there are 
various editions ; one of the best is that of Sim. Van 
Leuwen, Amst., 1663, folio ; G. Chr. Gebaueri, cura 
G. Aug. Spangenberg, Goetting., 1776-1797, 2 vols. 
4to ; Schrader, of which only the Institutes are yet 
published. 

*CORRU'DA, the name by which the wild As- 
paragus was known among the Romans (aairapayog 
aypiog, or Trerpalog). According to Pliny, 1 some 
called it Libyca; the Attics, horminium. Another 
Greek name was my acanthus. The name in mod- 
ern Greece is arrapuyyi or cnapayyia. Sibthorp 
found it in Bithynia and the Peloponnesus. 2 

CORTTNA, in its primary sense, a large circu- 
lar vessel for containing liquids, and used in dyeing 
wool, 3 and receiving oil when it first flows from the 
press.* 

II. Cortina also signified a vase in which water 
was carried round the circus during the games, 5 as 
some think, for the refreshment of the spectators in 
the cavea, but more probably to be used in the 
course, when required either for the horses, drivers, 
or attendants ; which interpretation gains confirm- 
ation from the ancient bas-reliefs, in most of which 
men or children are represented with a water-jug in 
iheir hands attending the course, as represented in 
the woodcut.in page 253, in which two of the children 
thrown down by the horses are furnished with a 
vessel of this kind. 

III. Cortina was also the name of the table or 
hollow slab, supported by a tripod, upon which the 
priestess at Delphi sat to deliver her responses : 
and hence the word is used for the oracle itself. 6 
The Romans made tables of marble or bronze after 
the pattern of the Delphian tripod, which they used 
as we do our sideboards, for the purpose of display- 
ing their plate at an entertainment, or the valuables 
contained in their temples, as is still done in Cath- 
olic countries upon the altars. These were termed 
cortina Delphica, or Delphica simply. 7 

IV. From the conical form of the vessel which 
contains the first notion cf the word, it came also 
to signify the vaulted part of a theatre over the 
stage {magni cortina theatri*), such as is in the 
Odeium of Pericles, the shape of which we are ex- 
pressly told was made to imitate the tent of Xerx- 
es; 9 and thence metaphorically for anything which 
bore the appearance of a dome, as the vault of 
heaven ; 10 or of a circle, as a group of listeners sur- 
rounding any object of attraction. 11 

1. (II. N., xv., 37; xix.,4; xx., 10.) — 2. (Billerbeck, Flora 
Classica, p. 93, 94.) — 3. (Plin., H. N., ix., 62.)— 4. (Cato, De 
Re Rust., 66.)— 5. (Plaut., Pocn., V., v., 2.)— 6. (Virg., ^n., 
vi., 347.)— 7. (Plin., H. N., xxxiv., 8.— Schol. ad Hor., Sat., I., 
vi., 116.— Mart., xii., 66, 7.— Suet., Octav., 52.)— 8. (Sever, in 
Mtn., 294.)— 9. (Paus., i., 20, $ 3.— Plutarch, Pericl., 13.)— 10. 
(Eimius ap. Varr., De Ling. La«, viii., 48, ed. Miiller.) — 11. 
(Tacit., De Oiat., 19.) 

314 



CORYBANTES (KopMavrec). The history and 
explanation of the deities bearing this, name, in the 
early mythology of Greece, cannot be given in this 
place, as it would lead us to enter into historical 
and mythological questions beyond the limits of this 
Dictionary. The Corybantes, of whom we have to 
speak here, were the ministers or priests of Rhea 
or Cybele, the great mother of the gods, who was 
worshipped in Phrygia. In their solemn festivals 
they displayed the most extravagant fury in their 
dances in armour, as well as in the accompanying 
music of flutes, cymbals, and drums. 1 Hence kg- 
pvSavTiGfiog was the name given to an imaginary 
disease, in which persons felt as if some great noiso 
were rattling in their ears. 3 

CORYBANTICA {KopvBavTina), a festival and 
mysteries celebrated at Cnossus in Crete, in com- 
memoration of one Corybas, 3 who, in common with 
the Curetes, brought up Zeus, and concealed him 
from his father Cronos in that island. Other ac- 
counts say that the Corybantes, nine in number, 
independent of the Curetes, saved and educated Ze- 
us ; a third legend* states that Corybas was the father 
of the Cretan Apollo who disputed the sovereignty 
of the island with Zeus. But to which of these 
three traditions the festival of the Corybantica owed 
its origin is uncertain, although the first, which was 
current in Crete itself, seems to be best entitled to 
the honour. All we know of the Corybantica is, 
that the person to be initiated was seated on a 
throne, and that those who initiated him formed a 
circle and danced around him. This part of the 
solemnity was called dpovucric or ■&poviofj.6c. s 

CORYMBUS (Kopvfidoc) was a particular mode 
of wearing the hair among the Greek women, which 
is explained in the article Coma (p. 291). The fol- 
lowing woodcut, taken from Millingen, 6 represents 
a woman whose hair is dressed in this manner. 




Corymbium is used in a similar sense by PeFt>- 
nius. 7 

CORYS (tcopvc). (Vid. Galea.) 

CORVUS, I. a sort of crane, used by C. Duilius 
against the Carthaginian fleet in the battle fought 
off Mylae, in Sicily (B.C. 260). The Romans, we 
are told, being unused to the sea, saw that then 

1. (Strab., x., 3, p. 367, ed. Tauchnitz.) — 2. (Plato, Criton., 
p. 54, D., with Stallbaum's note.) — 3. (Strabo, i., 3, p. 365, ed 
Tauchn.)— 4. (Cic, De Nat. Deor., iii., 23.)— 5. (Plato, Euthy 
dem., p. 277, D. — Dioa Chrysost., Orat., xii., p. .187. — Proclus 
Theol Plat.,vi., 13.)— 6. (Pekitures Antiques, pkte 40.)— 7. f« 
110.) 



CORYTOS. 



CC (SMI. 



only chance of victory was by bringing a sea-fight 
to resemble one on land. For this purpose they in- 
vented a machine, of which Polybius 1 has left a 
minute, although not very perspicuous, description. 
In the fore part of the ship a round pole was fixed 
perpendicularly, twenty-four feet in height and about 
nine inches in diameter ; at the top of this was a 
pivot, upon which a ladder was set, thirty-six feel 
in length and four in breadth. The ladder was 
guarded by crossbeams, fastened to the upright pole 
by a ring of wood, which turned with the pivot 
above. Along the ladder a rope was passed, one 
end of which took hold of the corvus by means of a 
ring. The corvus itself was a strong piece of iron, 
with a spike at the end, which was raised or low- 
ered by drawing in or letting out the rope. When 
an enemy's ship drew near, the machine was turned 
outward, by means of the pivot, in the direction of 
the assailant. Another part of the machine, which 
Polybius has not clearly described, is a breastwork, 
let down (as it would seem) from the ladder, and 
serving as a bridge, on which to board the enemy's 
vessel. a By means of these cranes, the Carthaginian 
ships were either broken or closely locked with the 
Roman, and Duilius gained a complete victory. 

The word corvus is also applied to various kinds 
of grappling-hooks, such as the corvus demolitor, 
mentioned by Vitruvius 3 for pulling down walls, or 
the terrible engine spoken of by Tacitus,* which, 
being fixed on the walls of a fortified place, and 
suddenly let down, carried off one of the besieging 
party, and then, by a turn of the machine, put him 
down within the walls. The word is used by Cel- 
sus for a scalpel. It is hardly necessary to remark 
that all these meanings have their origin in the sup- 
posed resemblance of the various instruments to 
the beak of a raven. 

*CORVUS, the Crow. (Vid. Corone.) 

*COR'YLUS (nopvXoc), the Hazel-tree, or Corylus 
Avellana. {Vid. Avellana Nux.) 

CORY'TOS or CORY'TUS (yupvToc, Kupvroc), a 
Bow-case. This was worn suspended by a belt 
'vid. Balteus) over the right shoulder, 8 and it fre- 
quently held the arrows as well as the bow (sagitti- 
fcri coryti b ). On this account, it is often confound- 
ed with the Pharetra or quiver. 

It is generally carried by the armed Persians, 
who are represented on the Persepolitan bas-reliefs ; 
and in this, as in many other respects, we observe 
the agreement between them and the European na- 
tions situated to the north of the Euxine Sea : 




1 (i., 22.)— 2. (Compare Curtius, iv., 2, 4.) — 3. (x., 19.)— 4. 
(Hist., iv., 30.)— 5. (Virg., .En., x., 168.— Serv., adloc.)— 6. fSii. 
[tal., xv., 776.' 



' In quibus est nemo, qui non eery I on el arcum 
Telaque vipereo lurida felle gerat." 1 

Though its use was comparatively rare among 
the Greeks and Romans, we find it exhibited in a 
bas-relief in the Museo Pio Clementino, 2 which 
adorned the front of a temple of Hercules near Ti- 
bur. (Vid. Arcus.) This bow-case seems to be 
of leather. See the preceding woodcut. 

COSME'T^E, a class of slaves among the Ro- 
mans, whose duty it was to dress and adorn ladies. 3 
Some writers on antiquities, and among them Bot- 
tiger in his Sabina,* have supposed that the cosme- 
tae were female slaves, but the passage of Juvenal 
is alone sufficient to refute this opinion ; for it was 
not customary for female slaves to take off their 
tunics when a punishment was to be inflicted upon 
them. There was, indeed, a class of female slaves 
who were employed for the same purposes as the 
cosmetae ; but they were called cosmctriae, a name 
which Naevius chose as the title for one of his com- 
edies. 5 

COSMI (koo(j.ol). The social and political insti- 
tutions of Crete were so completely Dorian in char- 
acter, and so similar to the Spartan, that it was a 
disputed point among the ancients whether the 
Spartan constitution had its origin there, or the 
Cretan was transferred from Laconia to Crete. 
The historian Ephorus 6 expressly states that the 
Spartan institutions had their origin in Crete, but 
were perfected and completed in Sparta ; so that 
there is good reason for the assertion of Midler. 1 
" that the constitution founded on the principles of 
the Doric race was there first moulded into a °on • 
sistent shape, but even in a more simple and ant.- 
quated form than in Sparta at a subsequent period."' 
Thus much, at any rate, we know for certain, that 
there were various Dorian cities in the island, the 
political arrangements of which so closely resem- 
bled each other, that one form of government was 
ascribed to all. 8 In the earliest ages of which we 
have historical information, this was an aristocracy 
consisting of three component bodies, the cosmi, the 
gerusia, and the ecclesia. The cosmi were ten in 
number, and are by Aristotle, Ephorus, and Cicevo 9 
compared to the ephors at Sparta. Muller, how- 
ever, 10 compares them with the Spartan kings, and 
supposes them to have succeeded to the functions 
of the kingly office ; which Aristotle (probably allu- 
ding to the age of Minos) tells us was at one time 
established in Crete. These cosmi were ten in 
number, and chosen, not from the body of the peo- 
ple, but from certain yhrj or houses, which were 
probably of more pure Doric or Achaian descent 
than their neighbours. The first of them in rank 
was called protocosmus, and gave his name to the 
year. They commanded in war, and also conduct- 
ed the business of the state with the representa- 
tives and ambassadors of other cities. With re- 
spect to the domestic government of the state, they 
appear to have exercised a joint authority wiih the 
members of the yepovaia, as they are said to have 
consulted with them on the most important me- 
ters. 11 In the times subsequent to the age of Alex- 
ander, they also performed certain duties which 
bore a resemblance to the introduction of the law- 
suits into court by the Athenian magistrates. 33 
Their period of office was a year ; but any of them 
during that time might resign, and was also liable 
to deposition by his colleagues. In some cases, too, 
they might be indicted for neglect of their duties 

1. (Ovid, Trist., V-, vii.. 15.) — 2. (Tom. iv., tav. 43.)— 3. 
(Juv., Sat., vi., 476.)— 4. (i., 22.)— 5. (See Varro, De Ling. 
Lat., vi., 3, p. 92, ed. Bip., where cosmetria is to be read instead 
of cosmotria, and Heindorf ad Horat., Sat., I., ii., 98.) — 6. (ap. 
Strab., x., 4.)— 7. (Dorians, iii., 1, t> 8.)— 8. (Thirlwall, Hist. 
Greece, i., 284.)— 9. (De Rep., ii., 33 )-10. (iii., 8, $ ].)— 11 
(Ephor. ap. Strab., x., 4.)— 12. (Muller, I.e.) 

3}* 



COSMI. 



COTHURNUS 



On the whole, we may conclude that they formed 
the executive and chief power in most of the cities 
of Crete. 

The yepovaia, or council of elders, called by the 
Cretans fiovkn, consisted, according to Aristotle, 1 
of thirty members who had formerly been cosmi, 
and were in other respects approved of (ra uXkh 
doKLjioi KpLvojievoL*). They retained their office for 
life, and are said to have decided in all matters that 
came before them according to their own judgment, 
and not agreeably to any fixed code of laws. They 
are also said to have been irresponsible, which, how- 
ever, hardly implies that they were independent of 
the " unwritten law" of custom and usage, or unin- 
fluenced by any fixed principles. 3 On important 
occasions, as we have before remarked, they were 
t-vfiSovloi, or councillors of the cosmi. 

The democratic element of the ecclesia was al- 
most powerless in the constitution ; its privileges, 
too, seem to have been merely a matter of form ; 
for, as Aristotle observes, it exercised no function 
of government except ratifying the decrees of the 
yepovreg and the noa/toi. It is, indeed, not improb- 
able that it was only summoned to give its sanction 
to these decrees ; and. though this may appear to 
imply the power of withholding assent, still the 
force of habit and custom would prevent such an 
alternative being attempted, or, perhaps, even 
thought of* 

From these observations, it is clear that the Cre- 
tan constitution was formerly a Dorian aristocracy, 
which, in the age of Aristotle, had degenerated to 
what he calls a Swaareta, i. e., a government vest- 
ed in a few privileged families. These quarrelled 
one among the other, and raised factions or parties, 
in which the demus joined, so that the constitution 
was frequently broken up, and a temporary mon- 
archy, or, rather, anarchy, established on its ruins. 
The cosmi were, in fact, often deposed by the most 
powerful citizens, when the latter wished to impede 
the course of justice against themselves (//^ dovvai 
dUag), and an unoofiia then ensued, without any 
legal magistrates at the head of the state. 

In the time of Polybius, the power of the aristoc- 
racy had been completely overthrown ; for he tells 
us that the election of the magistrates was annual, 
and determined by democratical principles. 5 In 
other respects, also, he points out a difference be- 
tween the institutions of Crete and those of Lycur- 
gus at Sparta, to which they had been compared by 
other writers. 

Muller observes that the cosmi were, so far as 
we know, the chief magistrates in all the cities of 
Crete, and that the constitution of these cities was 
in all essential points the same ; a proof that their 
political institutions were determined by the princi- 
ples of the governing, i. e., the Doric, race. 

We will now briefly explain some of the social 
relations of the Cretans, which were almost identi- 
cal with those of the Spartans. 

The inhabitants of the Dorian part of the island 
were divided into three classes, the freemen, the 
perioeci or vtttikooi, and the slaves. The second 
class was as old as the time of Minos, and was un- 
doubtedly composed of the descendants of the con- 
quered population ; they lived in the rural districts, 
round the iroXeig of the conquerors ; and, though 
personally free, yet exercised none of the privileges 
or influence of citizens, either in the administration 
and enactment of the laws, or the use of heavy 
arms. They occupied certain lands, for which they 
paid a yearly tribute or rent, supposed, from a state- 
ment in Athenaeus, 6 to have been an ^Eginetic stat- 

1. (Polit, ii., 7.)— 2. (Ephor. ap. Strab., 1. c.) — 3. (Thirl- 
wall, Hist. Greece, i., 186.)— 4. (Thirtovall, 1. c— Goettling, Ex- 
curs, ad Aristot., ii., 7.)— 5. (Polyb., vi., 44.)— 6. (iv , 143.) 
'^10 



er. The expression of Dosiadas, fr Dm whom Athe- 
naeus quotes, namely, t&v dovTiuv k<aarog, probably 
refers to the perioeci, dovXoi being used as a generic 
term for those who were not full and free citizens. 

The slaves were divided into two classes, the 
public bondsmen (jj kolvtj dovleia), and the slaves 
of individuals. The former were called the uvtia, 
[ivoia, /ivuta, or Mivuia cvvodog : the latter, d^a/ztw- 
rai or K?iapcJTcu. The atyafiiurai were so named 
from the cultivation of the lots of land, or a<j>afiicu, 
assigned to private citizens, and were therefore ag- 
ricultural bondsmen {pi aaf aypov 1 ). The (ivoia was 
distinguished, by more precise writers, both from 
the perioeci and the aphamiotae : so that it has been 
concluded that every state in Crete possessed a 
public domain, cultivated by the mnotae, just as the 
private allotments were by the bondsmen of the in- 
dividual proprietors. We would here observe, with 
Mr. Thirlwall, that the word fivoia is more probably 
connected with d/uug than Minos. 

The origin of the class called \ivoia, and the n?*a- 
p&rai, was probably twofold ; for the analogy of 
other cases would lead us to suppose that they con- 
sisted partly of the slaves of the conquered freemen 
of the country, and partly of such freemen as rose 
against the conquerors, and were by them reduced 
to bondage. But, besides these, there was also a 
class of household servants employed in menial la- 
bours, and called xP va ^ v V roi '■ they were, as their 
name denotes, purchased, and imported from foreign 
countries. 

*COSS'YPHUS or COPS1CHUS (Kooev<j>og, ko> 
ixog), the Blackbird or Merle, the Turdus Merula, 
L. It is the same with the Merula vulgaris of the 
later authorities on Natural History. Aristotle also 
makes mention of a white species found among the 
mountains of Arcadia. 

*COSTUM (/cocrrof), an aromatic shrub, which 
yielded a fragrant ointment, commonly supposed to 
be Spikenard. Woodville says of it: "Some have 
thought the Zedoary to be the noorog of Dioscori- 
des, 3 the Guiduar of Avicenna, and the Zerumbet 
of Serapion." After comparing the descriptions of 
Dioscorides and Serapion, Adams is satisfied that 
the Zerumbet of Serapion is the Zedoary, but that it 
is not the noorog of the Greeks ; for both Serapion 
and Rhases, according to him, treat separately of 
the Koarog by name in another place. " Geoffrey," 
remarks Adams, "confesses his ignorance of it. 
Sprengel and Stackhouse name it the Costus Ara- 
bicus (a plant, by-the-way, so rare, that Linnasus 
had never seen it). Dr. Hill, however, was of a 
different opinion regarding it : he says, ' Our Costus 
Arabicus does not seem to be the same with either 
of the kinds mentioned by the Greeks and Arabians.' 
Upon the whole, there is not an article in the Ma- 
teria Medica of the ancients about which there is 
greater uncertainty. We shall only add regarding 
it, that although, as we have already stated, Zedo- 
ary be not the same substance as the ancient Cos- 
tus, it would appear that the one was sometimes 
used as a substitute for the other in the composi- 
tion of the Mithradate." 3 

COTHU'RNUS (nodopvoc), a Boot. This was a 
particular kind of covering for the foot, included 
under the general term Calceus ; whence Pliny 
says, 4 calceatus cotkurnis, i. e., wearing boots. Its 
essential distinction was its height; it lose above 
the middle of the leg, so as to surround the calf 
(alte suras vincire cothurno 6 ), and sometimes it reach- 
ed as high as the knees. 6 It w-as worn principally 
by horsemen, by hunters, and by men of rank and 
authority. The ancient marbles, representing these 

1. (Sosicr. ap. Athen., vi., 263.)— 2. (i., 15.)— 3. (Adams, Ap- 
pend., s. v.)— 4. (H. N., vii., 20.)— 5. (Virg., M\i., i., 337 )— 6 
(Millin, Vases Ant., vol i., pi. 19 and 72.) 



COTINOS. 



COTTABUS. 



different characters, show that the cothurnus was 
often ornamented in a very tasteful and elaborate 
manner. The boots of the ancients were laced in 
front, and it was the object in so doing to make 
them fit the leg as closely as possible. The paws 
and head of the wild animal out of whose hide they 
were made, sometimes turned down like flaps on 
the side of the wearer's leg. The skin or leather 
was dyed purple (purpureo cothurno 1 ), or of other 
splendid colours. The patricians of Rome wore a 
small ivory crescent {lima) attached to their boots. 

It is evident, from the various representations of 
the cothurnus in ancient statues, that its sole was 
commonly of the ordinary thickness. But it was 
sometimes made much thicker than usual, probably 
by the insertion of slices of cork." The object was 
to add to the apparent stature of the wearer ; and 
this was done either in the case of women who 
were not so tall as they wished to appear, 3 or of 
the actors in Athenian tragedy, who assumed the 
cothurnus as a grand and dignified species of cal- 
ceamentum, and had the soles made unusually 
thick, as one of the methods adopted in order to 
magnify their whole appearance. 4 Hence tragedy 
in general was called cothurnus* 

As the cothurnus was commonly worn in hunt- 
ing, it is represented both by poets and statuaries 
as°a part of the costume of Diana. 6 It was also 
attributed to Bacchus 7 and to Mercury. 8 The ac- 
companying woodcut shows two cothurni from stat- 
ues in the Museo Pio-Clementino. 9 That on the 
left hand is from a statue of Diana Succincta, i. e., 
with the chlamys girt round her breast, and attired 
for the chase (vid. Chlamys), and that on the right 
is from a statue of the goddess Roma, agreeing 
with th3 description of her in Sidonius Apollinaris. 10 




♦COT'INOS (kotivoc), the wild Olive, or Olea syl- 
vestris, L., called also 'EXata uypia, aypuXaia, aypie- 
Tiaioc, and Oleaster. The name given to it by the 
modern Greeks is uypoeXia, and by the Turks Jaban 
Zcitan Agagi. It is a wild sort of olive-tree, dif- 
fering in some respects from the domesticated olive, 
as crabs do from apples. It is smaller besides, has 
prickly bra-aches, a short, hard leaf, and small, bitter 
fruit. According to Theophrastus, it was but little 
improved by pruning and transplanting. The crown 
given at the Olympic Games was made of it, prob- 
ably on account of its being more enduring than the 
domesticated kind. The legend, however, was, that 
Hercules brought this tree into Greece from the 
banks of the Ister. The <pvXta of Homer is a vari- 

I. (Virg., I.e.— Id., Eclog., vii., 32; viii., 10.)— 2. (Serv. in 
Virg., Eclog., 11. cc.)— 3. (Juv., Sat., vi., 507.)— 4. (Virg., Ec- 
log., viii., 10.— Hor., Sat., I., v., 64.— Ep. ad Pis., 280.)— 5. (Juv., 
Sat., vi., 623; xv., 29.) — 6. (Liv. Andronicus, ap. Ter. Maur. — 
Nemesianus, Cyneg., 90.) — 7. (Veil. Paterc, ii., 82.) — 8. (Hamil- 
ton's Vases, vol. iii., pi. 8.) — 9. (vol. ii., pi. 15 ; vd iii., pi. 38.) 
—10. (Carm., ii., 400.) 



ety of hie kotlvoc. " That plant," observes Martyn, 
" which is cultivated in our gardens under the name 
of Oleaster, is not an olive. Tournefort refers it to 
his genus of Elaagnus. It grows in Syria, Ethio- 
pia, and on Mount Lebanon. Crusius observed it 
in great plenty, also, near Guadix, a city in the 
kingdom of Granada, as also in the south of France 
and in Germany. It is thought to be the Cappado- 
cian Jujubes, which are mentioned by Pliny among 
the coronary flowers : ' Zizipha, qua ct Cappadocia 
vocantur: his odoratus similis olearum floribus .' The 
flowers of the Elceagnus are much like those of the 
Olive, but the ovary of the Elaeagnus is placed below 
the petal, whereas that of the Olive is contained 
within the petal. They are very sweet, and may 
be smelt at a distance." 1 

*COTO'NEUM MALUM, another name for the 
Cydonium malum, or Quince. (Vid. Cydonium 
Malum.) 

CO'TTABUS (i<OTTa6oc, Ionic noacaloc or orra- 
6oc), a social game, which was introduced from Sici- 
ly into Greece, 8 where it became one of the favour- 
ite amusements of young people after their repasts. 
The simplest way in which it originally was played 
was this : One of the company threw out of a gob- 
let a certain quantity of pure wine, at a certain dis- 
tance, into a metal basin, endeavouring to perform 
this exploit in such a manner as not to spill any of 
the wine. While he was doing this, he either 
thought of or pronounced the name of his mistress, 3 
and from the more or less full and pure sound with 
which the wine struck against the metal basin, the 
lover drew his conclusions respecting the attachment 
of the object of his love. The sound, as well as the 
wine by which it was produced, were called Tiara!; or 
Korradog : the metal basin had various names, either 
kottuBlov, or Korratelov, or "karayelov, or ^dA/cetov, 
or Xekuvij, or GKuQn. 4, The action of throwing the 
wine, and sometimes the goblet itself, was called 
aynvlr], because the persons engaged in the game 
turned round the right hand with great dexterity, 
on which they prided themselves. Hence yEschy- 
lus spoke of KorraSoi uyKvXnToL 6 Thus the cotta- 
bus, in its simplest form, was nothing but one of the 
many methods by which lovers tried to discover 
whether their love was returned or not. But this 
simple amusement soon assumed a variety of differ- 
ent characters, and became, in some instances, a 
regular contest, with prizes for the victor. One of 
the most celebrated modes in which it was carried 
on is described by Athenaeus,' and in the Etymo- 
logicon Magnum, and was called 6C 6^v6u<puv. A 
basin was filled with water, with small empty bowls 
swimming upon it. Into these the young men, one 
after another, threw the remnant of the wine from 
their goblets, and he who had the good fortune to 
drown most of the bowls obtained the prize (kotto.- 
6iov), consisting either of simple cakes, sweetmeats, 
or sesame-cakes. 

A third and more complicated form of the cotta- 
bus is thus described by Suidas : 7 A long piece of 
wood being erected on the ground, another was 
placed upon it in a horizontal direction, with two 
dishes hanging down from each end ; underneath 
each dish a vessel full of water was placed, in each 
of which stood a gilt brazen statue, called (tuvyc,. 
Every one who took part in the game stood at a 
distance, holding a cup full of wine, which he en- 
deavoured to throw into one of the dishes, in order 
that, struck down by the weight, it might knock 
against the head of the statue which was concealed 
under the water. He who spilled least of the wine 

1. (Billerbeck, Flora Classica, p. 5. — Martyn ad Virg , George 
ii., 182.— Theophrast., H. P., ii., 3.)— 2. (Athen., xv., p. 6fi6.) 
—3. (Etymol. Mag., s. v. Korra&JJw.)— 4. (Pollux, vi., 109.— 
Etymol. Mag., 1. c. — Athen., xv.. p. 667, sub fin.) — 5. (Athen., 
xv., p. 667.) — 6 (1. c.) — 7. (s. v. KorraBt^u.) 

31? 



COTYTTIA. 



CRATAEGUS 



gained the victor}, and thereby knew that he was 
loved by his inistisss. 1 

A fourth kind of cottabus, which was called kot- 
ra6oc Karate rbc (dirb tov Kardyeiv rov Korratov), is 
described by Pollux, 2 the scholiast on Aristoph- 
anes, 3 and Athenaeus.* The so-called fxdvng was 
placed upon a pillar similar to a candelabrum, and 
the dish hanging over it must, by means of wine 
projected from the goblet, be thrown upon it, and 
thence fall into a basin rilled with water, which, 
from this fall, gave forth a sound ; and he who pro- 
duced the strongest was the victor, and received 
prizes, consisting of eggs, cakes, and sweetmeats. 

This brief description of four various forms of 
the cottabus may be sufficient to show the general 
character of this game ; and it is only necessary to 
add, that the chief object to be accomplished, in all 
the various modifications of the cottabus, was to 
throw the wine out of the goblet in such a manner 
that it should remain together and nothing be spill- 
ed, and that it should produce the purest and stron- 
gest possible sound in the place where it was 
thrown. In Sicily, the popularity of this game was 
so great, that houses were built for the especial 
purpose of playing the cottabus in them. Those 
readers who wish to become fully acquainted with 
all the various forms of this game, may consult 
Athenaeus, 5 the Greek lexicographers, and, above 
all, Groddeck, 6 who has collected and described nine 
different forms in which it was played. 7 Becker is 
of opinion that all of them were but modifications 
of two principal forms. 8 

♦COTTUS (kottoc), a species of Fish, supposed 
to be the Zeus Faber, L., or the Doree. The name 
in the common editions of Aristotle occurs at H. 
A., iv., 8, where, however, Schneider reads fioirog, 
and refers it to the river Gudgeon. 9 

♦COTT'YPHUS (kottvQos ), a species of Fish, the 
same with the Labrus merula, called in French the 
Merle. 10 

*COTURNIX. (Vid. Perdix.) 

COTY'TTIA or COTTYTES (kotvttki, k'ot- 
ivrec), a festival which was originally celebrated by 
the Edonians of Thrace, in honour of a goddess 
called Cotys or Cotytto. 11 It was held at night, and, 
according to Strabo, resembled the festivals of the 
Cabiri and the Phrygian Cybele. But the worship 
of Cotys, together with the festival of the Cotyttia, 
were adopted by several Greek states, chiefly those 
which were induced by their commercial interest 
to maintain friendly relations with Thrace. Among 
these Corinth is expressly mentioned by Suidas, 
and Strabo 12 seems to suggest that the worship of 
Cotys was adopted by the Athenians, who, as he 
observes, were as hospitable to foreign gods as they 
were to foreigners in general. 13 The priests of the 
goddess were formerly supposed to have borne the 
name of baptee ; but Buttmann has shown that this 
opinion is utterly groundless. Her festivals were 
notorious among the ancients for the dissolute man- 
ner and the debatlcheries with which they were 
celebrated. 1 * Another festival of the same name 
was celebrated in Sicily, 15 where boughs hung with 
cake and fruit were carried about, which any person 
had a right to pluck off if he chose ; but we have 
no mention that this festival was polluted with any 

1. ^Vid. Schol, ad Lucian., Lexiph., 3, torn, ii., p. 325.) — 2. 
(vi., 109.)— 3. (Pax, 1172.)— 4. (xv., p. 667.)— 5. (xv., p. 666, 
<fcc.) — 6. (Ueber den Kottabos der Griechen, in bis Antiquarische 
Versuche, I., Sammlung, 1800, p. 163-238.) —7. (Charikles, 
i., p. 476, &c.) — 8. (Compare also Fr. Jacobs, Ueber den Kotta- 
bos, in Wieland's Attisches Museum, III., i., p. 475-496.) — 9. 
(Plin., H. N., xxxii., 11. — Adams, Append., s.v.) — 10. (Aristot., 
IT. A , viii., 15.— iElian, N. A., i., 19.)— 11. (Strab., x., 3, p. 362, 
ed. Tauchnitz. — Eupolis, ap. Hesych., s. v. — Suidas.) — 12. (I.e., 
p. 364.)— 13. (Compare Persius, Sat., ii., 92.)— 14. (Suidas, s. v. 
KoTvg.— Horat., Epod., xvii., 56. — Tlieocrit., vi., 40.)— 15. (Plut., 
proverb.) 

318 



of the licentious practices which disgi aced those of 
Thrace and Greece, unless we refer the allusion 
made by Theocritus to the Cotyttia, to the Sicilian 
festival. 1 

CO'TYLA (kotvXj)) was a measure of capacity 
among the Romans and Greeks : by the former it 
was also called hemina ; by the latter, rpvtMov and 
rjfiiva or 7/fj.t/j.va. It was the half of the sextarius or 
ijeuTTjc, and contained 6 cyathi, == (on Mi. Hussey'? 
computation) -4955 of a pint English. 

This measure was used by physicians with a 
graduated scale marked on it, like our own chemi- 
cal measures, for measuring out given weights of 
fluids, especially oil. A vessel of horn, of a cubic 
or cylindrical shape, of the capacity of a cotyla, was 
divided into twelve equal parts by lines cut on 
its side. The whole vessel was called litra, and 
each of the parts an ounce (uncia). This measure 
held nine ounces (by weight) of oil, so that the ratio 
of the weight of the oil to the number of ounces it 
occupied in the measure would be 9 : 12 or 3 : 4. 3 

*COTYLE'DON (KorvlndQv), a plant, called in 
English Navelwort. The two species described by 
Dioscorides 3 may be confidently referred, according 
to Adams, to the Cotyledon umbilicus and C. serrata. 

♦KOYKIOS'OPON AENAPON (Kov/aofopov 6ev- 
dpov), a sort of Palm-tree. Stackhouse suggests 
that it may have been the Talma Thebaica, called 
" Doom-tree" in Bruce's Travels.* 

COVI'NTJS (Celtic kowain), a kind of car, the 
spokes of which were armed with long sickles, and 
which was used as a scythe-chariot chiefly by the 
ancient Belgians and Britons. 5 The Romans des- 
ignated by the name of covinus a kind of travelling 
carriage, which seems to have been covered on all 
sides with the exception of the front. It had no 
seat for a driver, but was conducted by the traveller 
himself, who sat inside. 6 There must have been a 
great similarity between the Belgian scythe-chariot 
and the Roman travelling carriage, as the name of 
the one was transferred to the other, and we may 
justly conclude that the Belgian car was likewise 
covered on all sides except the front, and that it 
was occupied by one man, the covinarius only, who 
was, by the structure of his car, sufficiently pro- 
tected. The covinarii (this word occurs only in 
Tacitus) seem to have constituted a regular and 
distinct part of a British army. 7 

COUREUS (icovpeve). (Vid. Barba.) 

*CRAMBE. (Vid. Brassica.) 

♦CRANGON (upayyov), formerly held to be a 
species of Squilla. " The term is now used in a 
generic sense by late naturalists," observes Adams : 
" thus the common shrimp is named the Crangon 
vulgaris. It is worthy of remark, however, that 
Cuvier and Schneidor contend that the Kpayyuv of 
the Greeks corresponds to the Cancer digitalis."* 

*CRANIA or CRANETA (Kpdvia, icpdveia). 
" All agree," remarks Adams, " that the icpdveia 
uppnv is the Cornus mascula, L., called in English 
the Cornelian Cherry, or Male Cornel-tree." For 
the other, see Thelycraneia (d-nXvupdveLa). 9 

CRANOS. (Vid. Galea.) 

♦CRATAEGUS (Kparatyoc). . Sprengel refers the 
tree described by Theophrastus under this name to 
the Azorola, or Crataegus Azorolus, but Stack- 
house to the C. torminalis. The plant of this name 



1. (Compare Euttmann's Essay, Ueber die Kotyttia und -lie 
Baptae, in his Mythologus, vol. ii., p. 159.) — 2. (Galenus, De 
Compos. Medicam. per Genera, iii., 3 ; i., 16, 17 ; iv., 14 ; v., 3 
6 ; vi., 6, 8. — Wurm, De Pond. Mens., &c. — Hussey on Ancient 
Weights, &c.)— 3. (iv., 90, 91.)— 4. (v., 45.— Adams, Append., 
Sf v .) — 5. (Mela, iii., 6. — Lucan, i., 426. — Silius, xvii., 422.) — 6. 
(Mart., Epig., ii., 24.)— 7. (Tacit., Agric, 35 and 36, with M. J. H. 
Bekker's note. — Botticher's Lexicon Tacit., s. v. — Becker, Gal 
lus, vol. i., p. 222. — Compare the article Essedum.)— 8. (Aris- 
tot., II. A., iv., 4. — Adams, Append., s. v.) — 9. (The-marast., 
H. P., i., 9 ; iii-, 4. — Dioscor., i., 172. — Adams, Appena. t,\ 



CRATEF.. 



CREPIDA. 



described by Theophrastus in another part of his 
work was most probably the same as the Cratcego- 
non {Kparaiyovov)} 

*CRATJE'GONON ( uparaiyovov ), a plant, to 
which Stephens gives the French name of Courage. 
Stackhouse refers it to the Euphrasia odontitis, 
now called Bartsia odontitis. Sprengel, however, 
prefers the Polygonum Persicaria* 

CRATER [KpaTj]p, Ionic KpnTrjp ; Lat. crater or cra- 
tc-a, from KEpavvvfu, I mix), a vessel in which the 
wh;e, according to the custom of the ancients, who 
very seldom drank it pure, was mixed with water, 
and ft om which the cups were filled. In the Homer- 
ic age the mixture was always made in the dining- 
room by heralds or young men (Kovpot 3 ). The use 
of the vessel is sufficiently clear from the expres- 
sions so frequent in the poems of Homer : Kpnri}pa 
Kepdaaadai, i. c., olvov nal vdup tv KpnTf/pi fitayecv : 
ttLvelv Kpnrf/pa (to empty the crater) ; Kpnrffpa arrj- 
caadcu (cratera statuere, to place the rilled crater 
near the table) ; Kpnrfjpac eTUGTityeadat itotolo (to 
fill the craters to the brim*). The crater, in the 
Homeric age, was generally of silver, 6 sometimes 
with a gold edge, 6 and sometimes all gold or gilt. 7 
It stood upon a tripod, and its ordinary place in the 
ueyapov was in the most honourable part of the 
room, at the farthest end from the entrance, and 
near the seat of the most distinguished among the 
guests. 8 The size of the crater seems to have va- 
ried according to the number of guests ; for where 
their number is increased, a larger crater is asked 
for. 9 It would seem, at least at a later period (for 
in the Homeric poems we find no traces of the cus- 
tom), that three craters were filled at every feast af- 
ter the tables were removed. They must, of course, 
have varied in size according to the number of 
guests. According to Suidas, 10 the first was dedi- 
cated to Hermes, the second to Charisius, and the 
third to Zeus Soter ; but others called them by dif- 
ferent names ; thus the first, or, according to others, 
the last, was also designated the Kparrjp dyadov 
oaifiovoc, the crater of the good genius, 11 uparrip 
vyielac and fteTavnzTpie or (xeruvniTpov, because it 
was the crater from which the cups were filled after 
the washing of the hands. 13 

Craters were among the first things on the em- 
bellishment of which the ancient artists exercised 
their skill. Homer 13 mentions, among the prizes 
proposed by Achilles, a beautifully-wrought silver 
crater, the work of the ingenious Sidonians, which, 
by the elegance of its workmanship, excelled all 
others on the whole earth In the reign of Croesus, 
king of Lydia, the Lacedaemonians sent to that king 
a brazen crater, the border of which was all over 
ornamented with figures (&dia), and which was of 
such an enormous size that it contained 300 am- 
phorae. 14 Croesus himself dedicated to the Delphic 
god two huge craters, which the Delphians believed 
to be the work of Theodorus of Samos, and Herodo- 
tus 16 was induced, by the beauty of their workman- 
ship, to think the same. It was about 01. 35 that 
the Samians dedicated six talents (the tenth of the 
profits made by Colaeus on his voyage to Tartessus) 
to Hera, in the shape of an immense brazen crater, 
the border of which was adorned with projecting 
Lea-is of griffons. This crater, which Herodotus 16 
calls Argive (from which we must infer that the 
Argive artists were celebrated for their craters), 

1. (Theophrast., iii., 15 ; ix., 18. — Adams, Append., s. t.) — 2. 
(Dioscor., iii., 129.)— 3. (Vid. 11., iii., 269.— Od., vii., 182 ; xxi., 
271.)— 4. (Vid. Buttrhann, Lexil., i., 15.)— 5. (Od., ix., 203; x., 
356.)— 6. (Od.. iv., 616.)— 7. (II., xxiii., 219.)— 8. (Od., xxi., 
145, xxii., 333, compared with 341.)— 9. (11., ix., 202.)— 10. (s. 
v. Kparrjp.) — 11. (Suidas, s. v. 'Ayadov Aaipmvoi. — Compare 
Atheu.,xv.,p. 692, &c— Aristoph., Vesp., 507 ; Pax., 300.)— 12 
(Athen., xv., p. 629, F., &c.)— 13. (II., xxiii., 741, &c.)— 14 
'Herod., i„ 70.)— 15. (j., 51.)— 16. (iv., 152.) 



was supported by three colossal brazen statjes, 
seven yards long, with their knees closed together 

The number of craters dedicated in temples seems 
everywhere to have been very great. Livius An- 
dronicus, in his Equus Trojanus, represented Aga- 
memnon returning from Troy with no less than 3000 
craters, 1 and Cicero 2 says that Verres carried away 
from Syracuse the most beautiful brazen craters, 
which most probably belonged to the various tem- 
ples of that city. But craters were not only dedi- 
cated to the gods as anathemata, but were used on 
various solemn occasions in their service. Thus 
we read in Theocritus : 3 " I shall offer to the mu- 
ses a crater full of fresh milk and sweet olive-oil." 
In sacrifices the libation was always taken from a 
crater ;* and sailors, before they set out on their jour- 
ney, used to take the libation with cups from a cra- 
ter, and pour it into the sea. 5 The name crater was 
also sometimes used as synonymous with oltIIov, 
situla, a pail in which water was fetched. 6 

The Romans used their crater or cratera for the 
same purposes for which it was used in Greece ; 
but the most elegant specimens were, like most 
other works of art, made by Greeks. 7 

CRATES (rdpaoc), a Hurdle, used by the ancients 
for several purposes. First, in war, especially in 
assaulting a city or camp, they were placed before 
or over the head of the soldier, to shield off the en- 
emy's missiles. 8 From the plutei, which were em- 
ployed in the same way, they differed only in being 
without the covering of raw hides. A lighter kind 
was thrown down to make a bridge over fosses, for 
examples of which see Caesar, Be Bell. Gall., vii., 
81, 86. By the besieged 9 they were used joined to- 
gether, so as to form what Vegetius calls a metella, 
and filled with stones : these were then poised be- 
tween two of the battlements, and, as the storming 
party approached upon the ladders, overturned on 
their heads. 10 

A capital punishment was called by this name, 
whence the phrase sub crate necari. The criminal 
was thrown into a pit or well, and hurdles laid upon 
him, over which stones were afterward heaped. 11 

Crates, called ftcari<r. were used by the country 
people upon which to cry Sgp, grapes, &c, in the 
rays of the sun. 13 These, as Columella informs us, 
were made of sedge or straw, and also employed as 
a sort of matting to screen the fruit from the weath- 
er. Virgil 13 recommends the use of hurdles in ag- 
riculture to level the ground after it has been turn- 
ed up with the heavy rake (rastrum). Any texture 
of rods or twigs seems to have been called by the 
general name crates. 

CRE'PIDA (K PW tc), dim. CREPIDULA, a Slip- 
per. Slippers were worn with the pallium, not with 
the toga, and were properly characteristic of the 
Greeks, though adopted from them by the Romans. 
Hence Suetonius says of the Emperor Tiberius, 1 * 
" Deposito patrio habitu, redegit se ad pallium el crc- 
pidas." They were also worn by the Macedonians, 13 
and with the chlamys. 16 As the cothurnus was as- 
sumed by tragedians, because it was adapted to be 
part of a grand and stately attire, the actors of com 
edy, on the other hand, wore crepidae and other 
cheap and common coverings for the feet. {Vid. 



1. (Cic, Ep. ad Fam., vii., 1.)— 2. (in Verr., iv., 58.)— 3. (v., 
53. — Compare Virgil, Eclog., v., 67.) — 4. (Demosth., De Fals. 
Leg-., p. 431. — c. Sept., p. 505. — c. Mid., p. 531 — c. Macart., p. 
1072. — Compare Bekker, Anecdot., p. 274, 4.) — 5. (Thucyd., vi., 
32. — Diod., iii., 3.— Arrian, Anab., vi., 3. — Virg., JEn.., v., 765.» 
— 6. (Naev., ap. Non., xv., 36. — Hesych., s. v. KpciTrjpes-) — 7 
(Virg., JEn., i., 727; iii., 525.— Ovid, Fast., v., 522. — Hor., 
Carm., III., xviii., 7.) — 8. (Ammian., xxi., 12.)— 9. (Veget., iv., 
6.)— 10. (Lipsius, Pol., i., 7 ; v., 5.— Salmas., Plin. Exerc, 
1267, A.)— 11. (Liv., i., 51 ; iv., 50.— Tacit., Germ., c. 12.)— 
12. (Colum., xii., 15, 16.)— 13. (Georg., i., 94.)— 14. (c. 13.)— 
15. (Jacobs, Anim. ad Anthol., 2, 1, p 294.)— 16. (Cic, Prf 
Itab. Post.— Val. Max., iii.. 6, t> 2 3.) 

31° 



GRETA 



CR1MEJN. 



Baxka, Soccus.) Also, whereas the ancients had 
thei more finished boots and shoes made right and 
left, their slippers, on the other hand, were made to 
tit both feet indifferently. 1 

*CRETA, in a general sense, means any whitish 
earth or clay, such as potter's clay, pipe-clay, &c. 
Thus Columella* speaks of a kind of Creta out of 
which wine-jars and dishes were made : Virgil 3 
calls it " tough" (tenax) ; and the ancient writers on 
Agriculture give the same epithet to marl which 
was employed to manure land. 4 In a more special 
sense, several varieties of Creta occur in the ancient 
writers. Thus: I. Creta, properly so called (Terra 
Creta, KprjTtKr/ yfj), is our chalk, which obtained its 
name from the island of Crete, where it abounded. 
The ancients employed it in medicine, as weaker 
than the Terra Chia; and they were also acquaint- 
ed with its use as a cleanser of silver vessels. 5 — II. 
Creta annularia. " The earth called annularia, spo- 
ken of by Pliny in connexion with Selinusian, and 
which was stained with woad to produce an imita- 
tion of Indicum, 6 is probably," observes Dr. Moore, 
" the same with the annulare (viridum) mentioned 
afterward 7 by the same writer, and which was so 
called because made of clay coloured with common 
green ring-stones. This, at least, strange as it is, 
appears to be the only sense we can extract from 
Pliny's words, the meaning of which Beckmann ac- 
knowledges he had not been able to discover. 8 The 
same author inclines to think that the earth called 
annularia received its name from its use in sealing, 
a purpose to which certain kinds of earth were an- 
ciently applied." 9 — III. Creta Cimolia. (Vid. Cimo- 
lia Terra.) — IV. Creta Eretria, a species of earth 
obtained from the neighbourhood of Eretria, in the 
island of Eubcea. It is, according to Hill, a fine 
pure earth, of a grayish white, moderately heavy, 
and of a smooth surface, not staining the hands, 
and readily crumbling between the fingers. It burns 
to a perfect whiteness, acquiring a stony hardness 
and an acrimonious taste, and in a violent fire runs 
into a very pure pale blue glass. What distinguish- 
es it, however, in a more marked manner from 
©<her earths is, that if a little be wetted and drawn 
over a plate of brass or copper, so as to mark a 
line, the mark will in a little time appear bluish. 
This is a character originally recorded of it by Di- 
oscorides, and which Hill explains by assigning the 
earth in question alkaline property in a much strong- 
er degree than other earths possess. In the Mate- 
ria Medica of former days, it was used as an astrin- 
gent and sudorific. The ancients mention another 
Eretrian earth of a pure white, but this appears to 
have been no other than the true white Bole of Ar- 
menia 10 — V. Creta Sarda, a species of earth obtain- 
ed from the island of Sardinia. Pliny calls it " vi- 
lissima omnium cimolia generum" the cheapest kind 
of Cimolite. It was, however, used in the first 
place to cleanse garments that were not dyed, 
which were then fumigated with sulphur, and final- 
ly scoured with Cimolia Terra. 11 — VI. Creta Selinu- 
sia, an earth obtained from the neighbourhood of 
Selinus in Sicily, whence its name. It is now 
found in various parts of the globe ; the finest kind, 
however, is the Sicilian. Dioscorides describes it 
as of a very bright and shining white, friable, and 
very readily disuniting and diffusing itself in water. 
It was used by the ancient physicians as an astrin- 
gent, and among females as a cosmetic. 12 

♦CREX (up?!;), a species of Bird with a creaking 

1 (Isid., Orig., ix., 34.)— 2. (xii., 43.)— 3. (Georg., i., 179.)— 
4. (Varro, R. R., i., 7, 8.— Geopon., x., 75. 12 ; ix., 10, 4.)— 5. 
(Hill's History of Fossils, &c, p. 43.)— 6. (Plin., H. N., xxxv., 
27 )— 7. (Plin., H. N., xxxv., 30.)— 8. (Hist. Invent., iv., 106.)— 
9 (Moore's Anc. Mineral., p. 74.) — 10. (Hill, Hist. Fossils, &c., 
p 5.)— 11. (Plin., H. N., xxxv., 57. — Moore's Anc. Mineral., p. 
73.) — 12. (Hill, Hist. Fossils, &c, p. 40.) 
320 



note, whence its name. Some commentators sup- 
pose it the same as the bprvyofiy'irpa of Aristotle, 
who treats of them separately. "It is generally 
held," says Adams, " to be the Land Rail or Corn 
Crake, namely, the Rallus Crex, L , or Ortygometr 
Crex of later naturalists ; but if Tzetzes was cor 
rect in describing it as a sea-bird, resembling the 
Egyptian ibis, this opinion must be admitted to be 
untenable. Dr. Trail suggests that the one may 
have been the Land, and the other the Water Rail." 3 

CRE'TIO HEREDITA'TIS. (Vid. Hereditas.) 

CRIMEN. Though this word occurs so fre- 
quently, it is not easy to fix its meaning. Crimen 
is often equivalent to accusatio (narnyopia) ; but it 
frequently means an act which is legally punishable. 
In this latter sense there seems to be no exact def 
inition of it given by the Roman jurists. Accord 
ing to some modern writers, crimina are either pub- 
lic or private ; but if this definition is admitted, we 
have still to determine the notions of public and 
private. The truth seems to be, that there was a 
want of precise terminology as to what, in common 
language, are called criminal offences among the 
Romans ; and this defect appears in other systems 
of jurisprudence. Crimen has been also defined by 
modern writers to be that which is capitalis (vid. 
Caput), as murder, &c. ; delictum that which is a 
private injury (privata noxa) ; a distinction founded 
apparently on Dig. xxi., tit. 1, s. 17, § 15. 

Delicts (delicta) were maleficia, wrongful acts,' 
and the foundation of one class of obligations: 
these delicts, as enumerated by Gaius, 3 are furtum, 
rapina, damnum, injuria ; they gave a right of action 
to the individual injured, and entitled him to compen- 
sation. These delicts were sometimes called crim- 
ina. 4 Crimen, therefore, is sometimes applied to 
that class of delicta called privata ; 6 and, accord- 
ingly, crimen may be viewed as a genus, of which 
the delicta enumerated by Gaius are a species. But 
crimen and delictum are sometimes used as synon- 
ymous. 6 In one passage 7 we read of majora delic- 
ta (which, of course, imply minora), which expres- 
sion is coupled with the expression omnia crimina 
in such a way that the inference of crimen contain- 
ing delictum is, so far as concerns this passage, 
necessary ; for the omnia crimina comprehend (in 
this passage) more than the delicta majora. 

Some judicia publica were capitalia, and some 
were not. Judicia, which concerned crimina, were 
not, for that reason only, publica. There were, 
therefore, crimina which were not tried in judicia 
publica. This is consistent with what is stated 
above as to those crimina (delicta) which were the 
subject of actions. Those crimina only were the 
subject of judicia publica which were made so by 
special laws ; such as the Julia de adulteriis, Cor- 
nelia de sicariis et veneficis, Pompeia de parrici- 
diis, Julia peculatus, Cornelia de testamentis, Julia 
de vi privata, Julia de vi publica, Julia de ambitu, 
Julia repetundarum, Julia de annona. 8 So far as 
Cicero 9 enumerates causa3 criminum, they w T ere 
causae publici judicii ; but he adds, 10 " criminum est 
multitudo infinita." Again, infamia was not the 
consequence of every crimen, but only of those 
crimina which were " publicii judicii." A condem- 
nation, therefore, for a crimen, not publici judicii, 
was not followed by infamia, unless the crimen 
laid the foundation of an actio, in which, even in 
the case of a privatum judicium, the condemnation 
was followed by infamia ; as furtum, rapina, inju- 
riae. 11 Crimen, then, must be an aci which, if 



1. (Aristot., H. A., ix., 2.— Adams, Append., s. v.)— 2. (Dig 
47, tit. 1, s. 3.)— 3. (iii., 182.)— 4. (Crimen furti : Gaius, iii., 
197. )_5. (Dig. 47, tit. 1, de Privatis Delictis.)— 6. (Dig. 48, tit. 
19, s. 1.)— 7. (Dig. 48, tit. 19, s. 5.)— 8. (Dig. 48, tit. 1, s. 1.)- 
9. (De Orat., ii., 25.^—10. (ii., 31.)— 11. (Dig. 18, tit. 1, «. 7.) 



CMOS. 



CRUCODILUS. 



proved against the offender, subjected him to some 
punishment, the consequence of which was infamia ; 
but it would not therefore follow that infamia was 
only the consequence of a crimen. 

Most modern writers on Roman law have con- 
sidered delicta as the general term, which they 
have subdivided into delicta publica and privata. 
The legal consequences of delicta in this sense 
were compensation, punishment, and infamia as a 
consequence of the other two. The division of de- 
licta into- publica and privata had, doubtless, partly 
its origin in the opinion generally entertained of the 
nature of the delict ; but the legal distinction must 
be derived from a consideration of the form of ob- 
taining redress for, or punishing, the wrong. Those 
delicta which were punishable according to special 
leges, senatus consulta, and constitutiones, and were 
prosecuted in'judicia publica, were apparently more 
especially called crimina ; and the penalties, in case 
of conviction, were loss of life, of freedom, of civ- 
itas, and the consequent infamia, and sometimes pe- 
cuniary penalties also. Those delicta not provided 
for as above mentioned, were punishable by action 
(actiones pcenales), and were the subjects of judi- 
cia privata, in which pecuniary compensation was 
awarded to the injured party. At a later period, 
we rind a class of crimina extraordinaria, 1 which 
are somewhat vaguely defined. They are offences 
which in the earlier law would have been the foun- 
dation of actions, but were assimilated, as to their 
punishment, to crimina publici judicii. This new 
class of crimina (new as to the form of judicial pro- 
ceedings) must have arisen from a growing opinion 
of the propriety of not limiting punishment, in cer- 
tain cases, to compensation to the party injured. 
The person who inquired judicially extra ordinem, 
might affix what punishment he pleased, within 
seasonable limits. 3 Thus, if a person intended to 
prosecute his action, which was founded on male- 
ficium (delict), for pecuniary compensation, he fol- 
lowed the jus ordinarium ; but if he wished to pun- 
ish the offender otherwise (extra ordinem ejus rei 
poenam exerceri (el) velit), then he took criminal 
proceedings, " subscripsit in crimen." 3 

Delicta were farther distinguished as to the pen- 
alties as follows: Compensation might be demand- 
ed of the heredes of the wrong-doer ; but the poena 
was personal. The nature of the punishment also, 
as above intimated, formed a ground of distinction 
between delicta. Compensation could be sued for 
hy the party injured : a penalty, which was not a di- 
rect benefit to the injured party, was sued for by the 
state, or by those to whom the power of prosecu- 
tion was given, as in the case of the lex Julia de 
adulteriis, &c. In the case of delicta publica, the 
mtention of the doer was the main thing to be con- 
sidered : the act, if done, was not for that reason 
only punished ; nor if it remained incomplete, was it 
for that reason only unpunished. In the case of 
delicta privata, the injury, if done, was always com- 
pensated, even if it was merely culpa. ( Vid. Culpa.) 

CRI'MINA EXTRAORDINA'RIA. (Vid. Cri- 
men.) 

*CRIMNUS or -UM (Kpi/xvoc or -ov), the larger 
granules of bruised grains, called Groats in Eng- 
lish. Damm, however, says it was also applied to 
Barley itself. He contends that upl in Homer is 
a contraction from Kpitivoc, and not from upWr).* 

•CRINANTH'EMUM (uptvdvdefiov), probably the 
Sempervivum tedorum, or House-leek. Such, at 
least, is the opinion of Sprengel and Dierbach.* 

♦CRINON (npivov), the Lily. (Vid. Lilium.) 

•CRIOS (Kpioc), I., a military engine. (Vid. Ari- 

1. (big. 47, tit. 11.) — 2. (Dig. 48, tit. 19, s. 13.) — 3. (Dig. 47, 
tit. 1, s. 3.)— 4. (Damm, Lex. Horn., s. v. — Adams, Append., 8. 
».i —6. (F'ppocr., Morb. Mulier. — Adams, Append., s. v.) 



es.) — II. The Ram. (Vid. Ovis.)— III. (Kptoc or Kpn. 
6c), A large fish, mentioned by Oppian and JElian. 
It cannot be satisfactorily determined. 1 — IV. (icpibi 
ep£6ivdoc), A species of the Cicer arietanum. (Vid. 
Erebinthus.) 2 

CRISTA. (Vid. Galea.) 

CRITAI (Kpirai), (judges). This name was appli- 
ed by the Greeks to any person who did not judge 
of a thing like a diKaarijc, according to positive laws, 
but according to his own sense of justice and equi- 
ty. 3 But at Athens a number of Kpirai were cho- 
sen by ballot from a number of selected candidates 
at every cerebration of the Dionysia, and were 
called ol Kpirai, Kar' t^oxvv. Their office was to 
judge of the merits of the different choruses and 
dramatic poems, and to award the prizes to the vic- 
tors. 4 Their number is stated by Suidas (s. v. 'Ev 
iTEvre Kpiruv yovvaai) to have been five for come- 
dies ; and G. Hermann has supposed, with great 
probability, that there were, on the whole, ten Kpirai, 
five for comedy and the same number for tragedy, 
one being taken from every tribe. The expression 
in Aristophanes, 5 vikuv Ttaoi role Kptralc, signifies to 
gain the victory by the unanimous consent of the 
five judges. For the complete literature of this sub- 
ject, see K. F. Hermann's Manual of the Pol. Ant. 
of Greece, $ 149, n. 13. 

CRO'BYLOS. (Vid. Coma, p. 291.) 

♦CROCODI'LUS (KpoKdSeiXoc), the Crocodile. 
The name properly denotes a small species of Liz- 
ard, and was merely given by the Greeks to the 
Crocodile itself, from the resemblance which the 
latter bore to this small creature,' just as our Alli- 
gator is the Portuguese il al legato,'''' the Lizard. 
Hence Aristotle calls the Crocodile kook66el1oc a 
Kordfiioc, and the Lizard KpoKodtiXot. 6 #ep<xaiof. 
The Egyptians, says Herodotus, called the Croco- 
dile x^p\>M '• this, however, is a mere corruption in 
Greek of the Egyptian name Msah or Emsooh, 
which the Copts still retain in Amsah, and from 
which the Arabs have derived their modern appel- 
lation Temsah. The ancient writers have left us 
accounts of this animal, but they are more or less 
imperfect. Thus Herodotus says 7 it is blind in the 
water; an evident error, unless he mean by the 
Greek term rv<j>X6g, not " blind," but merely " dim- 
sighted," or " comparatively weak of sight," i. e., 
when compared with its keenness of vision on the 
land. So, again, Herodotus says it has no tongue. 
This, however, is a popular error : it has a tongue, 
like the rest of animals, but this is connected by a 
rough skin with the lower jaw ; and, not being ex- 
tensible, nor easily seen at first view, since it com 
pletely fills the cavity of the jaw between the two 
rows of teeth, it has been supposed to have no 
actual existence. Again, the Crocodile, according 
to Herodotus, does not move its lower jaw, but 
brings the upper one down in contact with it. Now 
the truth is just the other way : the lower jaw alone 
is moved, and not the upper. The lower jaw ex- 
tends farther back than the scull, so that the neck 
must be somewhat bent when it is opened. The 
appearance thus produced has led to the very com 
mon error of believing that the Crocodile moves its 
upper jaw, which is, in fact, incapable of motion, 
except with the rest of its body. "Naturalists de' 
scribe four species of the Crocodile, namely, Croco 
dilus alligator, C. cayman, C. gavial, and C. candi 
verbera. The third of these being found only in 
India, and the fourth being peculiar to America, it 
follows that the ancients could have had little ac- 
quaintance with any other species than the Alhga- 



1. (Adams, Append., s.v.) — 2. (Theophrast., H. P., vfli'., 5.) — 
3. (Herod., iii., 160. — Demoslh., Olynth., i., p. 17 ; c, Mid., p. 
520. ) — 4. (Isocr., Trapez., p. 365, C, with Coray's note.) — 5. (Av 
421 )— 6. (Herod., ii., 69.)— 7. ,'.. c ) 

321 



CROCUS. 



CROTALUM. 



tor and the Cayman. yElian, however, must be 
supposed to allude to the Gavial when he mentions 
the Crocodile of the Ganges. Both Linnaeus and 
Buffon reckon the first two as mere varieties, but 
they are now generally held to be distinct species. 
Bochart, with great learning, has proved that the 
Leviathan of Job is the Crocodile. 1 Athenasus ranks 
he Crocodile and the Hippopotamus with the ktjttj. 2 
Among the Egyptians, the Crocodile was peculiarly 
sacred to the god Savak. Its worship, however, 
did not extend to every part of Egypt ; some places 
considering it the representative of the Evil Being, 
and bearing the most deadly animosity to it, which 
led to serious feuds between neighbouring towns. 
Such was the cause of the quarrel between the 
Ombites and the Tentyrites, as described by Juve- 
nal ; and the same animal which was worshipped 
at Ombos, was killed and eaten by the inhabitants 
of Apollinopolis. 3 The Crocodile enjoyed great 
honours at Coptos, Ombos, and Crocodilopolis or 
Arthribis, in the Theba'id. In Lower Egypt, it was 
particularly sacred at a place called the City of 
Crocodiles (Crocodilopolis), and afterward Arsinoe, 
the capital of a nome, now the province cf Fyoom. 
The animals were there kept in the Lake Maeris, 
and were buried in the under-ground chambers of 
the famous Labyrinth. The Crocodile is now sel- 
dom eaten, the flesh being bad. Indeed, in former 
times, it seems rather to have been eaten as a mark 
of hatred towards the Evil Being, of whom it was 
the emblem, than as an article of food.* The Croc- 
odile at present is found in the Nile only towards 
the region of Upper Egypt, where it is extremely 
hot, and where this animal never falls into a lethar- 
gic state. Formerly, when it was wont to descend 
the branches of the river which water the Delta, it 
used to pass the four winter months in caverns, 
and without food. Of this fact we are informed by 
Pliny and other ancient naturalists. — In the year 
58 B.C., the aedile Scaurus exhibited at Rome five 
crocodiles of the Nile ; and subsequently, the Em- 
peror Augustus had a circus filled with water, and 
exhibited there to the people thirty-six crocodiles, 
which were killed by an equal number of men who 
vere habituated to fight with these animals." 5 

*KPOKOAEI'A02 (xepaatoc or cidyKoc), the 
akink, or Land Crocodile. There are two species 
4>f the Slunk with which the ancients may be sup- 
posed to have been well acquainted, namely, Scincus 
officinalis and S. Algiriensis. Moses Charras says 
of them, " The Skinks are little animals like to liz- 
ards, or, rather, like to little crocodiles, by which 
name they are known." 6 

*CROCODEIL'IUM (upoKoddliov), a species of 
plant. Matthiolus informs us that it had been sup- 
posed to be the Eryngium marinum, or Sea Eringo, 
and the Carlina, or Carline Thistle ; but he rejects 
both these suppositions, admitting, however, at the 
same time, his own want of acquaintance with it. 
Sprengel, on the other hand, inclines to think it the 
Eryngium. 7 

* CROCUS (upoKoc), the Saffron Crocus, or Cro- 
cus sativus. The genuine Saffron grows wild in the 
Levant and in Southern Europe. Sibthorp found it 
in the fields of Greece and on the mountains around 
Athens. The flower of the C. sativus is of a violet 
colour, and appears in autumn ; hence the epithet 
nutumnalis. The best Saffron came from Corycus 
in Cilicia and from Mount Tmolus in Lydia. The 
Lycian Olympus and the island of Sicily also pro- 
duced a very good sort. Saffron was much used 

1. (Hieroz., 52, 4, 12.)— 2. (Athen., ii., 90. — Adams, Append., 
a. v )— 3. (Wilkinson's Egyptians, vol. v., p. 229.— Juv., Sat., 
xviii., 36.) — 4. (Wilkinson, 1. c.)— 5. (Griffith's Cuvier, vol. ix., 
p. 190 )— 6. (Aristot., H. A., ii., 1.— Dioscor., M. M., ii., 71.— 
Adams, Append., s. v.) — 7. (Dioscor., iii., 10. — Galen, De 
Simpl , vii —Adams, Append., s. v.) 
°22 



by the Romans as a condiment in various articles 
of food, as it still is by many Oriental nations. It 
was also put into wine. Saffron, diluted in water 
or wine, was sprinkled as a perfume in the theatre 
and other places, and also on the funeral pile. It 
was also made into an unguent ( Crocinum unguent- 
um). Saffron-coloured garments were also mucb 
in vogue. 1 

CROCO'TA (sc. vestis : KpoKurov, sc. ijuutcov, Of 
icpoKuroc, sc. x L ™v) was a kind of gala-dress, chiefly 
worn by women on solemn occasions, and in Greece 
especially at the festival of the Dionysia. 2 It was 
also worn by the priests of Cybele, 3 and sometimes 
by men of effeminate character.* It is evident, 
from the passage of Virgil, that its name was de- 
rived from crocus, one of the favourite colours of 
the Greek ladies, as we still see in the pictures dis- 
covered at Herculaneum and Pompeii. The cir- 
cumstance that dresses of this colour were in Latin 
commonly called vestes crocatae or croceae, has in- 
duced some writers on antiquities to suppose that 
crocota was derived from Kponfj (woof or weft) or 
upoKic. (a flake of wool or cotton on the surface of 
the cloth), so that it would be a soft and woolly 
kind of dress. 5 But the passages above referred to 
are sufficient to refute this opinion, and the name 
crocota w r as, like many others, adopted by the Ro 
mans from the Greeks. 6 

♦CROCOTTAS {uponoTTac), an animal mention- 
ed by the ancient writers, and said to be produced 
from the wolf and dog, but to be much more fero- 
cious than either of these animals. Such, at least, 
is the account of Artemidorus, 7 Diodorus Siculus, 8 
and Agatharchides. 9 But the coupling of the woH 
and dog, though easy, and often effected in mena- 
geries at the present day, produces no durable spe- 
cies. It is more probable, therefore, that the Cro- 
cottas answers to the Hyena, since the latter has 
very strong teeth, and breaks bones with the great- 
est ease, as the Crocottas is said to have done. The 
earliest passage respecting the Crocottas is found 
in Ctesias, and the description there given is almost 
the same with that by which the Oriental writers 
describe the Hyena. 10 

*CROM'YON or CROMMTON (Kpopvov, upopL- 
fivov), the Allium cepa, or Garlic. (Vzd. Allium.) 

CRO'NIA (Kpovca), a festival celebrated at Athens 
in honour of Cronos, whose worship was said to 
have been introduced into Attica by Cecrops. He 
had a temple in common with Rhea. 11 The festival 
was held on the twelfth of the month of Hecatom- 
baeon, 18 which, at an early period of the history ol 
Attica, bore the name of firjv Kpovioc.. 13 

The Rhodians also celebrated a festival in honour 
of Cronos, perhaps the Phoenician Moloch, to whom 
human sacrifices, generally consisting of criminals, 
were offered. This festival was held on the six- 
teenth of Metageitnion. 1 * 

Greek writers, when speaking of the Romau Sat- 
urnalia, apply to them the name Kpowa. 1 * 

CRO'TALUM, a kind of Cymbal, erroneously sup 
posed by Scaliger and Brodaeus to be the same with 
the sistrum. The mistakes of learned men on this 



1. (Theophrast., II. P., vi., 8. — Dioscor., i., 25. — Billerbeck, 
Flora Classica, p. 11. — Spanheim ad Callim.,p. 79: " de Cioco : 
et luxu circa eum." — Ovid, A. A., i., 104. — Propert., iv., 1, 16 
— Id., iii., 8, 22, &c.)— 2. (Aristoph., Ran., 56, with the schol 
— Lysistr., 44.— Pollux, ir., 10, 117.)— 3. (Apul., Met., 8 and 11. 
— "Virg-., JEn., ix., 614.)— 4. (Aristoph., Thesm., 253.— Suid., s. 
v. — Plaut. and N«v., ap. Nonium, xiv., 8, and xvi., 4. — Cic, 
Harusp. Resp., 21.) — 5. (Salmas. ad Capitolin., Pertinac, 8, t. 
1, p. 547, and ad Tertull., De Pall., p. 329.)— 6. (Compare Br.c 
ker's Charikles, ii., p. 351, &c.)— 7. (ap. Strab., xvi., p. 774 
Cas.)— 8. (iii., 35.)— 9. (ap. Phot., Cod., 250, c. 39.)— 10. (Cu-' 
vier ad Plin., 8, 30.)— 11. (Paus., i., 18, I) 7.)— 12 (Demosth., 
c. Timocr., p. 708.)— 13. (Athen., xiii., p. 581.)— A. (Porphyr 
ap. Theodoret, vii., Gnec. Affect. — De Abstinent., ii.. 54 ) — IS 
(Vid. Athen., xiv., p. 639.— Appi&n, III 5 » 



CRYPTEIA. 



CRYPTEIA. 



poir.t arc refuted at length by Lampe. 1 From Sui- 
dr.s and ihe scholiast on Aristophanes, 2 it appears 
to have been a split reed or cane, which clattered 
when shaken with the hand. According to Eusta- 
thius, 3 it was made of shell and brass as well as of 
wood. Clemens Alexandrinus farther says that it 
««»s an invention of the Sicilians. 

Women who played on the crotalum were termed 
crotalistria. Such was Virgil's Copa, 

" Crispum sub crotalo docta mover e latus." 4. 

The line alludes to the dance with crotala (similar 
to castanets), for which we have the additional tes- 
timony of Macrobius. 5 The annexed woodcut, ta- 
ke;? from the drawing of an ancient marble in Spon's 
V'-V.'ellanea, 6 represents one of these crotalis trice 
i/j /jrming. 




The words Kporaloc. and uporalov are often ap- 
plied, by an easy metaphor, to a noisy, talkative 
person. 7 

*CROTON (icpoTov), I. an insect found on oxen 
and dogs, and sometimes on men, namely, the Aca- 
rus reduvius, L., or Tick. 8 — II. According to Galen, 
the same with the klkl. 9 (Vid. Cici.) 

CRyPTEFA (KpvTTTcta, also called Kpvnrla or 
KpvKT-fj) was, according to Aristotle, 10 an institution 
introduced at Sparta by the legislation of Lycurgus. 
Its character was so cruel and atrocious, that Plu- 
tarch only with great reluctance submitted to the 
authority of Aristotle in ascribing its introduction to 
the Spartan lawgiver. The description which he 
gives of it is this : The ephors, at intervals, select- 
ed from among the young Spartans those who ap- 
peared to be best qualified for the task, and sent 
them in various directions all over the country, pro- 
vided with daggers and their necessary food. Du- 
ring the daytime these young men concealed them- 
selves ; but at night they broke forth into the high- 
roads, and massacred those of the Helots whom they 
met, or whom- they thought proper. Sometimes, 
also, they ranged over the fields (in the daytime), 
and despatched the strongest and best of the Helots. 
This account agrees with that of Heraclides of Pon- 
tus, 11 who speaks of the practice as one that was 
still carried on in his own time, though he describes 
its introduction by Lycurgus only as a report. 

The crypteia has generally been considered either 
as a kind of military training of the Spartan youths, 
in which, as in other cases, the lives of the Helots 
were unscrupulously sacrificed, or as a means of 
lessening the numbers and weakening the power of 
the slaves. But Muller, 12 who is anxious to soften 
the notions generally current respecting the rela- 
tions between the Helots and their masters, suppo- 
ses that Plutarch and Heraclides represent the in- 
stitution of the crypteia " as a war which the ephors 
themselves, on entering upon their yearly office, 
proclaimed against the Helots." Heraclides, how- 

1. (De Cymb. Vet., i., 4, 5, 6.)— 2. (Nuhes, 260.)— 3. (II., xi., 
160.)— 4. (v., 2.)— 5. (Sat., it., 10.)— 6. (Sec. I., art. vi., h>. 43.) 
—7. (Arist., Nub., 448.— Eur., Cycl., 104.)— 8. (Aristot., H. A., 
v., 17.)— 9. (Theophrast., H. P., i., 10.)— 10. (ap. Plut., Lye, 
«8.) -11 /- 2 )— 12. (Dorians -ii.. 3. 6 4 \ 



ever, does not mention this proclamation at all, 
and Plutarch, who mentions it on the authority of 
Aristotle, does not represent it as identical with the 
crypteia. Muller also supposes that, according to 
the received opinion, this chase of the slaves took 
place regularly every year ; and showing at once 
the absurdity of such an annual proclamation of 
war and massacre among the slaves, he rejects 
what he calls the common opinion altogether, as 
involved in inextricable difficulties, and has re- 
course to Plato to solve the problem. But Thirl- 
wall 1 much more judiciously considers that this 
proclamation of war is not altogether groundless, 
but only a misrepresentation of something else, and 
that its real character was most probably connected 
with the crypteia. Now if we suppose that the 
thing here misrepresented and exaggerated into a 
proclamation of war was some promise which the 
ephors, on entering upon their office, were obliged 
to make : for instance, to protect the state against 
any danger that might arise from too great an in- 
crease of the numbers and power of the Helots — a 
promise which might very easily be distorted into a 
proclamation of war — there is nothing contrary to 
the spirit of the legislation of Lycurgus ; and such 
an institution, by no means surprising in a slave- 
holding state like Sparta, where the number of free 
citizens was comparatively very small, would have 
conferred upon the ephors the legal authority occa- 
sionally to send out a number of young Spartans in 
chase of the Helots. 3 That on certain occasions, 
when the state had reason to fear the overwhelming 
number of slaves, thousands were massacred with 
the sanction of the public authorities, is a well- 
known fact. 3 It is, however, probable enough that 
such a system may at first have been carried on 
with some degree of moderation ; but after attempts 
had been made by the slaves to emancipate them- 
selves and put their masters to death, as was the 
case during and after the earthquake in Laconia, it 
assumed the barbarous and atrocious character 
which we have described above.* If the crypteia 
had taken place annually, and at a fixed time, we 
should indeed have reason, with Muller, to wonder 
why the Helots, who in many districts lived entirely 
alone, and were united by despair for the sake of 
common protection, did not every year kindle a 
most bloody and determined war throughout the 
whole of Laconia ; but Plutarch, the only authority 
on which this supposition can rest, does not say that 
the crypteia took place every year, but Sia xpovov, 
i. e., " at intervals," or occasionally. 6 The difficul- 
ties which Muller finds in what he calls the common 
account of the crypteia, are thus, in our opinion, re- 
moved, and it is no longer necessary to seek their 
solution in the description given by Plato, 6 who pro- 
posed for his Cretan colony a similar institution, 
under the name of crypteia. From the known par- 
tiality of Plato for Spartan institutions, and his in- 
clination to represent thern in a favourable light, it 
will be admitted that, on a subject like this, his ev- 
idence will be of little weight. And when he adopt- 
ed the name crypteia for his institution, it by no 
means follows that he intended to make it in every 
respect similar to that of Sparta ; a partial resem- 
blance was sufficient to transfer the name of tho 
Spartan institution to that which he proposed to 
establish ; and it is sufficiently clear, from his own 
words, that his attention was more particularly di- 
rected to the advantages which young soldiers might 
derive from such hardships as the upvKToi had to 
undergo. But even Plato's colony would not have 



1. (Hist. Greece, vol. i., p. 311.)— 2. (Isocr., Panath., p. 271 
B.)— 3. (Thucyd., iv.. 80.)— 4. (Compare Plut., Lye, 28, sub 
fin.)— 5. (Hermann ad Viger., p. 856.)— 6. (De Leg., i., p. 633 , 



vi., p. 763 ) 



323 



CRVPTA. 



CUBICULARll. 



Deen of a \eiy humane character, as his KpvtzToi 
were to go out in arms and make free use of the 
slaves. 

CRUX (aravpoc, GKoXoip), an instrument of capi- 
tal punishment used by several ancient nations, es- 
pecially the Romans and Carthaginians. The words 
aravpocj and anoXomfa are also applied to Persian 
and Egyptian punishments, but Casaubon 1 doubts 
whether they describe the Roman method of cruci- 
fixion. From Seneca 2 we learn the latter to have 
been of two kinds, the less usual sort being rather 
impalement than what we should describe by the 
word crucifixion, as the criminal was transfixed by 
a pole, which passed through the back and spine, 
and came out at the mouth. 

The cross was of several kinds ; one in the shape 
of an X, called crux Andreana, because tradition re- 
ports St. Andrew to have suffered upon it ; another 
was found like a T, as we learn from Lucian, 3 who 
makes it the subject of a charge against the letter. 

The third, and most common sort, was made of 
two pieces of wood crossed, so as to make four right 
angles. It was on this, according to the unanimous 
testimony of the fathers, who sought to confirm it 
by Scripture itself,* that our Saviour suffered. The 
punishment, as is well known, was chiefly inflicted 
on slaves and the worst kind of malefactors. 5 The 
manner of it was as follov s : The criminal, after 
sentence pronounced, carried his cross to the place 
of execution : a custom mentioned by Plutarch 6 and 
Artemidorus, 7 as well as in the Gospels. From 
Livy 8 and Valerius Maximus, 9 scourging appears 
to have formed a part of this, as of other capital 
punishments among the Romans. The scourging 
of our Saviour, however, is not to be regarded in 
this light, as Grotius and Hammond have observed 
it was inflicted before sentence was pronounced. 10 
The criminal was next stripped of his clothes, and 
nailed or bound to the cross. The latter was the 
more painful method, as the sufferer was left to die 
of hunger. Instances are recorded of persons who 
survived nine days. It was usual to leave the body 
on the cross after death. The breaking of the legs 
of the thieves, mentioned in the Gospels, was acci- 
dental ; because by the Jewish law, it is expressly 
remarked, the bodies could not remain on the cross 
during the Sabbath-day. 11 

CRYPTA (from Kpyizreiv, to conceal), a Crypt. 
Among the Romans, any long narrow vault, wheth- 
er wholly or partially below the level of the earth, 
is expressed by this term ; such as a sewer (crypta 
Subura}*) (vid. Cloaca), the carceres of the circus 
(vid. Circus, p. 254), or a magazine for the recep- 
tion of agricultural produce. 13 

The specific senses of the word are : 

I. A covered portico or arcade, called more def- 
initely crypto- f or ticus, because it was not supported 
by open columns like the ordinary portico, but closed 
at the sides, with windows only for the admission 
of light and air. 1 * These were frequented during 
summer for their coolness. A portico of this kind, 
almost entire, is still remaining in the suburban villa 
of Arrius Diomedes at Pompeii. 

Some theatres, if not all, had a similar portico 
attached to them for the convenience of the per- 
formers, who there rehearsed their parts or prac- 
tised their exercises. 15 One of these is mentioned 

1. (Exer. Antibaron., xvi., 77.) — 2. (Cons, ad Marc, xx. — 
Epist., xiv., 1.) — 3. (Judic. Vocal., xii.) — 4. (Lips., De Cruce, 
i., 9.)— 5. (Juv., Sat., vi., 219.— Hor., Sat., L, iii., 82.)— 6. (De 
Tard. Dei Viral., eKaaroi tuv Kcacovpyiiiv tK(pep£i tov clvtov 
aravpdv.) — 7. COveipoKp., ii., 61.) — 8. (xxxiii., 36.) — 9. (i., 7.) 
— 10. (St. Luke, xxiii., 16.— St. John, xix., 1, 6.) — 11. (Lips., 
De Cruce. — Casaubon, Exer. Antibaron., xvi., 77.) — 12. (Juv., 
Sat., v., 106.) — 13. (Vitruv., vi., 8. — Compare Varro, De Re 
Rust., i., 57.) — 14. (Plin., Epist., ii., 15 ; v., 6; vii.,21. — Sidon., 
Epist., ii., 2.) — 15. (Suet , Cal., 58. — Compare Dion Cass., lix., 
29 — Joseph., Antiq., xix., 1, I) 14.) 
324 



by P. Victor 1 as the crypta Balbi, attached tc tne 
theatre built by Cornelius Balbus at the instigation 
of Augustus, 2 which is supposed to be the ruin uow 
seen in the Via di S. Maria di Cacaberis, between 
the church of that name and the S. Maria di Pianto 

II. A grotto, particularly one open at both ex- 
tremities, forming what in modern language is de- 
nominated a " tunnel," like the grotto of Pausilippo, 
well known to every visitant of Naples. This is a 
tunnel excavated in the lufo rock, about 20 feet high 
and 1800 long, forming the direct communication 
between Naples and Pozzuoli (Puteoli), called by 
the Romans crypta Neapolitana, and described by 
Seneca 3 and Strabo.* 

A subterranean vault used for any secret wor- 
ship, but more particularly for the licentious rites 
consecrated to Priapus, was also called crypta. 6 

III. When the practice of consuming the body 
by fire was relinquished (vid. Bustum, Conditori- 
um), and a number of bodies was consigned to one 
place of burial, as the catacombs, for instance, this 
common tomb was called crypta. 6 One of these, 
the crypta Ncpotiana, which was in the vicus Patri- 
cius, under the Esquiline, 7 was used by the early 
Christians, during the times of their persecution, as 
a place of secret worship. 8 

CRYPTOPO'RTICUS. (Vid. Crypta.) 

*CRYSTALLTJS or -UM (upvoraMoc), Crystal 
The ancients were of opinion that crystal was only 
water congealed in a long period of time into an ice 
more durable than common ; and Pliny 9 thought it 
was nowhere to be found but in excessively cold 
regions. " That it is ice is certain," says this wri- 
ter, " and hence the Greeks have given it its 
name." In accordance witk#the etymology here 
alluded to, upvoraXXoe is thought/ ^o^-come from 
tcpvoe, " ice," or from Kpvardo) (upvoTaivu), " to 
freeze." " This ancient notion," observes Dr. 
Moore, " will appear less ridiculous if we consider 
that, although water really converted into a solid 
crystalline mass, by exposure to a very ordinary 
degree of cold, resumes its fluid state when the 
heat of which it was deprived is again restored ; yet 
the results of chemical analysis teach us that wa- 
ter, in a permanently solid state, constitutes a con- 
siderable portion of many crystalline substances. 
Of the hydrate of magnesia, for example, it forms 
near one third ; and of the sulphate of soda, consid- 
erably above one half. Rock-crystal is one among 
the very few minerals whose crystalline form Pliny 
has remarked. He mentions one remarkable use 
of crystal in applying actual cautery, the crystal 
having been used as a lens. This, however, was 
known long before, mention of it having been made 
in the Clouds of Aristophanes, and in the poem of 
the pseudo-Orpheus on the properties of Stones." 18 

CUBEFA. (Vid. Tessera.) 

CUBICULA'RII were slaves who had the care 
of the sleeping and dwelling rooms. Faithful slaves 
were always selected for this office, as they had, to 
a certain extent, the care of their master's person. 
When Julius Caesar was taken by the pirates, he 
dismissed all his other slaves and attendants, only 
retaining with him a physician and two cubicula- 
rii. 11 It was the duty of the cubicularii to introduce 
visiters to their master, 13 for which purpose they 
appear to have usually remained in an ante-room." 
Under the later emperors, the cubicularii belonging 

1. (Regioix.) — 2. (Suet., Octav., 29. — Dion Cass., 1W., 25.) 
— 3. (Epist., 57.) — 4. (t., $ 7, p. 197, ed. Siebenk. — Compart 
Petron., Fragm., xiii.) — 5. (Petron., Sat., xvi., 3. — Compare 
xvii., 8.) — 6. (Salinas., Exercit. Plin., p. 850. — Aring., Rom 
Subterr., i., 1, v 9.— Prudent., Ylepl St£0., xi., 153.) — 7. (Fes- 
tus, s. v. Septimontium.) — 8. (Nardini, Rom. Antic, iv., 3.) — 9. 
(H. N., xxxvii., 9.)— 10. (Ancient Mineralogy, p. 140.)— 11. 
(Suet., Jul., 4.)— 12. (Cic. ad Att., vi., 2, t) 5.— in Verr., iii., 4.1 
—13. (Suet.. Tib., 21.— Dom., 16.) 



CUCULLUS 



CULIX. 



to the palace were called propositi ^acro cubiculo. 
and were persons of high rank. 1 

CUBI'CULUM usually means a sleeping and 
dwelling room in a Roman house (vid. House), but 
is also applied to the pavilion or tent in which the 
Roman emperors were accustomed to witness the 
public games.* It appears to have been so called, 
because the emperors were accustomed to recline 
in the cubicula, instead of sitting, as was anciently 
the practice, in a sella curulis. 3 

CUBISTETE'RES (KvStaTnTrjpec), were a partic- 
ular kind of dancers or tumblers, who in the course 
of their dance flung themselves on their heads and 
alighted again on their feet (uaizep ol nvSioTfivrec 
tcai etc bpdpbv rx one?.n Trept<pep6fj,evot kvCcgtuoi kv- 
k%u>*). We read of tcvCtarnTF/per as early as the 
time of Homer. 5 These tumblers were also ac- 
customed to make their somerset over knives or 
swords, which was called Kv6tarav etc fJ-axaipac.' 
The way in which this feat was performed is de- 
scribed by Xenophon, who says 7 that a circle was 
made quite full of upright swords, and that the dan- 
cer etc TavTa eKv6iara re aal e^eKvdtora vrtep avruv. 
We find many representations of these tumblers, 
both male and female, in ancient works of art. 8 

Kv6umjT7jpec were frequently introduced at con- 
vivial entertainments to amuse the guests ; but 
Socrates condemns the practice, as attended with 
too much danger to be pleasing on such occasions. 9 

CU'BITUS (Trifavf), a Greek and Roman measure 
of length, originally the length of the human arm 
from the elbow to the wrist, or to the knuckle of 
the middle finger. It was equal to a foot and a 
half, which would give, according to Mr. Hussey's 
computation, 1 foot 54744 inches Eng. for the Ro- 
man, and 1 foot 62016 inches for the Greek cubit. 10 

CUBUS (kv6oc), a Cube ; a name given also to 
a vessel (called likewise quadrantal), the sides of 
whjch were formed by six equal squares (including 
the top), each square having each of its sides a foot 
long. The solid contents of the cube were equal to 
the amphora. 

" Pes longo in spatio latoque altoque noletur : 
Angulus ut par sit, quern claudit linea triplex, 
Quatuor et medium quadris cingatur inane : 
Amphora Jit cubus." 11 

*CU'CULUS, the Cuckoo. (Vid. Coccyx.) 
CUCULLUS, a Cowl. As the cowl was intend- 
ed to be used in the open air, and to be drawn over 
the head to protect it from the injuries of the weath- 
er, instead of a hat or cap, it was attached only to 
garments of the coarsest kind. Its form may be 
conceived from the woodcut at page 132. It is 
there represented as worn by a Roman shepherd, 
agreeably to the testimony of Columella. 18 The 
cucullus was also used by persons in the higher 
circles of society, when they wished to go abroad 
without being known. 13 

The use of the cowl, and also of the cape (vid. 
Birrus), which served the same purpose, was al- 
lowed to slaves by a law in the Codex Theodo- 
sianus. 14 Cowls were imported into Italy from 
Saintes, in France (Santonico cucullo), li and from 
the country of the Bardaei, in Illyria. 16 Those from 
the latter locality were probably of a peculiar fash- 

1. (Cod. 12, tit. 5.)— 2. (Suet., Ner., 12.— Plin., Paneg., 51.) 
-3. (Ernesti ad Suet., 1. c.) — 1. (Plato, Symp., c. 16, p. 190.)— 
5. (II., xviii., 605.— Od., iv., 18.)— 6. (Plato, Euthyd., c. 55, p. 
294.— Xen., Mem., i., 3, t) 9.— Symp., ii., 14.— Athen., iv., p. 
129, D.— Pollux, Onom., iii., 134.)— 7. (Symp., ii., 11.)— 8. (See 
Tischbein, Engravings from Ancient Vases, i., 60.) — 9. (Xen., 
Symp., vii., 3.— See Becker, Charikles, vol. i., p. 499 ; ii., p. 
287.) — 10. (Warm, De Pond. Mens., &c. — Hussey on Ancient 
Weights, &c.)— 11. (Rhem. Fann., De Pond., &c, v., 59-62.) 
—12. (De Re Rustica, xi., 1.)— 13. (Juv., vi., 330.— Jul. Cap., 
Vef., 4.— Becker, Gallus, vol. i., p. 333.)— 14. (Vossius, Etym. 
Ling. Lat., s. t Birrus.)— 15. (Juv., Sat., viii., 145.— Schol. in 
W )— 16. iJoL Cap., Pertinax, 8.) 



ion, which gave origin to the to r m BardocucuRu* 
" Liburnici cuculli" are mentioned by Martial. 1 

*CU'CUMIS, the Cucumber. (Vid. Colocynthb 
and Sicys.) 

*CUCURBTTA, the Gourd. ( Vid. Colocynthe ) 

CUDO or CUDON, a Scull-cap, made of leather, 
or of the rough, shaggy fur of arv wild animal,'* 
such as were worn by the vclites of the Roman ar- 
mies, 3 and apparently synonymous with galerus 1 
or galericulus. 5 

In the sculptures on the column of Trajan, some 
of the Roman soldiers are represented with the 
skin of a wild beast drawn over the head, in such a 
manner that the face appears between the upper 
and lower jaws, of the animal, while the rest of the 
skin falls down behind over the back and shoulders, 
as described by Virgil. 6 This, however, was an 
extra defence, 7 and must not be taken for the cudo, 
which was the cap itself; that is, a particular kind 
of galea. (Vid. Galea.) The following represen- 
tation of a cudo is taken from Choul's Castramen. 
des Anciens Romains, 1581. 




CU'LEUS or CU'LLEUS, a Roman measure, 
which was used for estimating the produce of vine- 
yards. It was the largest liquid measure used by 
the Romans, containing 20 amphorae, or 1 18 gallons 
7546 pints. 

" Est et, bis decies quern conficit amphora nostra, 
Cullcus : hac major nulla est mensura liquoris."* 

CU'LEUS or CU'LLEUS. (Vid. Cornelia Lex 

DE SlCARIIS.) 

*CULEX, the Gnat. (Vid. Conops.) 

CULI'NA, in its most common acceptation, 
means a place for cooking victuals, whether the 
kitchen of a private habitation (vid. House), or the 
offices attached to a temple, in which the flesh of 
the victim was prepared for the sacred feasts or for 
the priesthood. 9 

It signifies also a convenience, cabinet d'aisance, 
secessum, a<pedpuv. 10 " Quaedam quotidie, ut culina 
et caprile .... debent emundari ;" unless the con- 
jecture of Schneider is admitted, who proposed to 
read " suile et caprile." 

Lastly, it is used for a particular part of the fu- 
neral pyre, or of the bustum, on or in which the vi 
ands of the funeral feast were consumed. 11 Com 
pare an anonymous poet in Catalect. 

" Neque in culinam et uncta compitalia 
Dapesque ducis sordidas ;" 

in which sense it corresponds with the Greek eve- 



rpa 



13 



'Ei- ratatv evarpatc kovSvXocc fiptiOTTOfinv. 

CULIX (kvIi^, dim. kvUokij, kvILvkiov), a com 
mon Greek drinking-cup, 13 called by the Romans 
calix. The name was sometimes applied to large 

1. (xiv., 139.)— 2. (Sil. Ital., viii., 495 ; xvi., 59.)— 3. (Polyb., 
vi., 20.)— 4. (Virg., JEn., vii., 688.)— 5. (Frontin., Strategem., 
IV., vii., 29.)— 6. (JEn., vii., 666.)— 7. (Polyb., 1. c.)— 8. (Rhem 
Fann., De Pond., &c, v., 86, 87.)— 9. (Inscrip. ap. Grut , xhx., 
3.— ap. Biag. Monum. Gr. et Lat. Mus. Nan., p. 188.— ap. Mar., 
485, 8.)— 10. (Isid., Gloss. Philox— Columell., »., 15.) — 11 
(Festus, s. v. Culina ; and vid. Bustirapi, p- 169.)— 12. (Aril 
toph., Equit., 1232, ed. Bekk.)— 13. (Pollux, Onom. v- , 95 > 

325 



CULPA. 



CULPA. 



cups or vessels, 1 but was generally restricted to 
small drinking-cups used at symposia and on simi- 
lar occasions (tjv jjfitv ol naldeg fjinpalq kvKl^i ttvkvo, 
ETriipaKd^oaiv 2 ). The Kvlii- is frequently seen in 
paintings on ancient vases which represent drinking 
scenes, and when empty, is usually held upright by 
one of its handles, as shown in the annexed wood- 
cut. 

Atheneeus 3 informs us that these cups were usu- 
ally made of earthenware, and that the best kind 
were manufactured in Attica and Argolis. 



The following woodcut, which is referred to w 
several articles, is taken from Millin, 1 and repre 
sents a symposium. Three young and two older 
men are reclining on a couch (kXlvtj), with their left 
arms resting on striped pillows (jrpoaKe^alata n*- 
virayKuvta). Before the couch are two tables. 
Three of the men are holding the avlci- suspended 
by one of the handles to the fore-finger ; the fourth 
holds a tyiakrj (vid. Phiala ); and the fifth a <f>ia3.ii 
in one hand and a pvrov in the other. ( Vid. Ruton ) 
In the middle Komos is beating the tympanum. 3 



\> 




CULPA. The general notion of damnum, and 
the nature of dolus malus, are most conveniently 
explained under this head. 

Damnum is injury done by one man to the prop- 
erty of another, and done illegally (injuria, i. e., con- 
tra jus) ; for this is the meaning of injuria in the 
actio damni injuria^ given by the lex Aquilia ;* and 
injuria, in this sense, must not be confounded with 
the actio injuriarum. 5 This damnum, injuria of the 
lex Aquilia, is done by culpa or by dolus malus ; 
for damnum done without culpa or dolus malus is 
casual (casus), and the doer is not punishable. 
Damnum, in fact, implies injuria ; and, generally, a 
man is not bound to make good the damage done by 
h ; m to another man's property, except on the ground 
of contract, or on the ground of illegal act where 
there is no contract, that is culpa or dolus. 

Neither culpa nor dolus can be taken as a genus 
.which shall comprehend the species culpa and do- 
lus, though some writers have so viewed these 
terms. Dolus malus is thus defined by Labeo : 6 
■'Dolus malus est omnis calliditas, fallacia, machi- 
natio ad circumveniendum, fallendum, decipiendum 
alterum adhibita." Dolus malus, therefore, has ref- 
erence to the evil design with which an act is ac- 
complished to the injury of another ; or it may be 
the evil design with which an act is omitted that 
ought to be done. The definition of Aquilius, a 
learned jurist, the friend of Cicero, and his col- 
league in the praetorship, 7 labours under the defect 
af the definition of Servius, which is criticised by 
A.abeo. 8 This seems to be the Aquilius who, by 
ihe edict, gave the action of dolus malus in all ca- 
aes of dolus malus where there was no legislative 
provision, and there was a justa causa. 9 

It is generally considered that culpa may be ei- 
ther an act of commission or omission ; and that an 
act of commission may fall short of dolus, as not 
coming within the above definition, but it may ap- 
proach very near to dolus, and so become culpa 
dolo proxima. But the characteristic of culpa is 
omission. It is true that the damnum, which is 



1. (Herod., iv., 70.)— 2. (Xen., Sympos., ii., 26.)— 3. (xi., p. 
480.)— 4. (Gaius, Hi., 210.~Dig. 9, tit. 2, s. 5.)— 5. (Gaius, iii., 
220.)— 6. (Dig. 4, tit, 3, s. 1.1—7. (Off., iii., 14.)— 8. (Dig. 4, tit. 
% 9 l.)_9. (Gic.DeNat.Deur., iii.,30.) 

326 



necessary to constitute the culpa, is thf. consequence 
of some act ; but the act derives its culpose char- 
acter from an act omitted ; otherwise it might be 
casus, or casual damage. 

Culpa, then, being characterized by an act of 
omission (negligentia), or omissio diligentise, the 
question always is, how far is the person charged 
with culpa bound to look after the interest of anoth- 
er, or to use diligentia. There is no such general 
obligation, but there is such obligation in particular 
cases. Culpa is divided into lata, levis, and levis« 
sima. Lata culpa " est nimia negligentia, id est. 
non intelligere quod omnes intelligunt." 3 If, then, 
one man injured the property of another by gross 
carelessness, he was always bound to make good 
the damage (damnum prsestare). Such culpa was 
not dolus, because there was not intention or de- 
sign, but it was as bad in its consequences to the 
person charged with it. 

Levis culpa is negligence of a smaller degree, and 
the responsibility in such case arises from contract. 
He who is answerable for levis culpa, is answerable 
for injury caused to the property of another by 
some omission, which a careful person could or 
might have prevented. For instance, in the case 
of a thing lent {vid. Commodatum), a man must 
take at least as much care of it as a careful man 
does of his own property. There is never any cul- 
pa if the person charged with it has done all that 
the most careful person could do to prevent loss or 
damage. Levissima culpa came within the mean- 
ing of the term culpa in the lex Aquilia ; that is, 
any injury that happened to one man's property 
through the conduct of another, for want of such 
care as the most careful person would take, was a 
culpa, and therefore punishable. 

The word culpa occurs very frequently in the Lat- 
in writers in a great variety of meanings ; but the 
characteristic of such meanings is " carelessness" 
or " neglect." Hence may be explained the pas- 
sage of Horace,* 

" Post hoc ludus crat culpa potare magistra ;'' 
which means to have no magister at all, cr, as th< 

1. (Peintures de Vases Antiques, vol. ii.. pi. 58.)— 2. (Becker 
Charikles, vol. i., p. 505 ; vol. ii., p. 499 /— 3. (Dig. 50, tit. 1* 
a. 213.)—4. fSat., II., ii., 123.) 



CULTRARIUS. 



CUFRESSUS. 



sohoiiast explains it, " libere potare." The absurd- 
ity of the explanation grafted on this scholium, is 
only equalled by the absurdity of Bentley's emen- 
dation of cupa for culpa. 

CULTER (probably from cello, pcrcello ; dim. cvl- 
tellus, Engl, coulter ; in southern Germany, das hol- 
ier ; French, couteau ; ■ Greek, puxaipa, icoiric, or 
a<payic), a knife with only one edge, which formed a 
straight line. The blade was pointed and its back 
curved. It was used for a variety of purposes, 
but chiefly for killing animals, either in the slaugh- 
ter-house, or in hunting, or at the altars of the gods. 1 
Hence the expressions bovem ad cultrum etnere, 
" to buy an ox for the purpose of slaughtering it ;" 9 
me sub cultro linquit, " he leaves me in a state like 
that of a victim dragged to the altar ;" 3 se ad cul- 
trum locarc, " to become a bestiarius." 4 From some 
of the passages above referred to, it would appear 
that the culter was carried in a kind of sheath. 
The priest who conducted a sacrifice never killed 
the victim himself; but one of his ministri, ap- 
pointed for that purpose, who was called either by 
the general name minister, or the more specific popa 
or cultrarius. 5 A tombstone of a cultrarius is still 
extant, and upon it *wo cultri are represented, 6 
which are copied in tne annexed woodcut. 



T 



Q TTBVRTI.Q.Ii 

MENOLAJtfl 

CVXTRAKl. OSS A 
HEIC.SrTA . SVNT 



I 




The name culter was also applied to razors 7 and 
krtchen-knives. 8 That in these cases the culter 
was different from those above represented, and 
most probably smaller, is certain ; since, whenever 
it was used for shaving or domestic purposes, it 
was always distinguished from the common culter 
by some epithet, as culler tonsorius, culter coquina- 
ris. Fruit-knives were also called cultri ; but they 
were of a smaller kind (cultclli), and made of bone 
or ivory. 9 Columella, who 10 gives a very minute 
description of a falx vinitoria, a knife for pruning 
vines, says that the part of the blade nearest to the 
handle was called culter on account of its similari- 
ty to an ordinary culter, the edge of that part form- 
ing a straight line. This culter, according to him, 
was to be used when a branch was to be cut off 
which required a hard pressure of the hand on the 
knife. The name culter, which was also applied to 
the sharp and pointed iron of the plough, 11 is still 
extant in English, in the form coulter, to designate 
(he same thing. (Vid. Aratrum.) 

The expression in cultrum or in cultro collocatus 13 
signifies placed in a perpendicular position. 

CULTRA'RIUS. (Vid. Culter.) 

1. (Liv., iii., 48. — Scribonius, Compos. Med., 13. — Suet.. Oc- 
tav., 9.— Plaut., Rud., I., ii., 45.— Virg\, Georg., iii., 492.— Ovid, 
Fast., i., 321.)— 2. (Varro, De Re Rust., ii., 5.)— 3. (Hor., Sat., 
1., ix., 74.)— 4. (Senec, Ep., 87.)— 5. (Suet., Call?., 32.)— 6. 
(Gruter, Inscript., vol. ii., p. 640, No. 11.)— 7. (Cic, De Off., ii., 
7— Dm., vii., 59.— Petron., Sat., 108.) — 8. (Varro ap. Non., 
ni , 332.)— 9. (Columell., xii., 14, 45.— Plin., xii., 25.— Scribon., c. 
83.)-10. (iv., 25.)— 11. (Plin., H. N., xviii.. 18, 48.)— 12. (Vi- 
tmv . x., 10, 11.) 



*CUMI'NUM or CYMFNUM (iwfuvpv),, ■ Cumin, 
an umbelliferous plant, of annual duration, found wild 
in Egypt and Syria, and cultivated from time imme- 
morial for the sake of its agreeable aromatic fruit, 
which, like that of caraway, dill, anise, &c., possess 
es well-marked stimulating and carminative prop 
erties." The seeds were used by the ancients as 
a condiment, and the mode of preparing what was 
termed the cuminatum is given by Apicius. 1 Drinking 
a decoction of cumin produced paleness, and hence 
the allusion in Horace to the " exsangue cuminum."* 
Pliny 3 says it was reported that the disciples of Por- 
cius Latro, a famous master of the art of speaking, 
used it to imitate that paleness which he had con- 
tracted from his studies.* The ancients used to 
place cumin on the table in a small vessel, like 
salt ; the penurious were sparing of its use in this 
way, whence arose the expressions KVfuvoTrpio-Tijc, 
" a splitter of cumin-seed," analogous to Kapdafioy- 
Ivtyoc, "a cutter or scraper of cresses," and in Latin 
cuminisector, to denote a sordid and miserly per- 
son. 5 It can admit of no doubt, according to Adams, 
that the kv\ilvov f/fiepov of Dioscorides, which is the 
only species treated of by Hippocrates and Galen, 
was the Cuminum cymwum, L. Of the two varie 
ties of the Kvfitvov ayptov described by Dioscorides, 
the first, according to Matthiolus and Sprengel, is 
the Lagacia cuminoides, L. ; the other, most proba- 
bly, the Nigella arvensis, or wild Fennel flower. 

CU'NEUS was the name applied to a body of 
foot-soldiers, drawn up in the form of a wedge, for 
the purpose of breaking through an enemy's line. 
The common soldiers called it a caput porcinum, or 
pig's head. 

The wedge was met by the " forfex" or shears, 
a name given to a body of men drawn up in the 
form of the letter V, so as to receive the wedge be- 
tween two lines of troops. 6 The name cuneus was 
also* pplied to the compartments of seats in circu- 
lar or semicircular theatres, which were so arranged 
as to converge to the centre of the theatre, and di 
verge towards the external walls of the building, 
with passages between each compartment. 

CUNFCULUS (vTiovofioc). A mine or passage 
under ground was so called, from its resemblance to 
the burrowing of a rabbit. Thus Martial 7 says, 

" Gaudet in effossis habitare cuniculus antris, 
Monstravit tacitas hostibus ille vias." 

Fidenae and Veii are said to have been taken by 
mines, which opened, one of them into the citadel, 
the other into the Temple of Juno. 8 Niebuhr 9 ob- 
serves that there is hardly any authentic instance 
of a town being taken in the manner related of Veii, 
and supposes that the legend arose out of a tradi- 
tion that Veii was taken by means of a mine, by 
which a part of the wall was overthrown. 

♦CUNICULUS, the Rabbit, the same with the 
Greek daovwovc. (Vid. Dasypus.) 

*CUNFLA, Savory, or wild Marjoram, a plant of 
which there are several kinds : 1. The Sativa is also 
called Satureia, and was used as a condiment. ( Vid. 
Thymbra.)— 2. The Bubula is the wild Origany. 
(Vid. Origanus.) — 3. The Gallinacea is the same 
with Cumlago, or Flea-bane. 10 

*CUPRESSUS (Kvirdpicooc), the Cypress, or Cu- 
pressus Sempervirens, L. The Cypress was a fune- 
real tree among the ancients. Branches of this 
tree were placed at the doors of deceased persons. 
It was consecrated to Pluto, because, according to 
popular belief, when once cut, it never grew again, 
and it was also accustomed to be placed around 



I. (i., 29.)— 2. (Epist.,i., 19, 18.)— 3. (H. N., xx., 57.)— 4. (1. 
c.)— 5. (Billerbeck, Flora Classica, p. 79.)— 6. (Veget., i-,., 19.) 
-7. (xiii., 60.)— 8. (Liv., iv., 22; v., 19.)— 9. (Hist. Rom , ii., 
483, transl.)— 10. (Plin., II. N., xix., 8 j xx., 16.) 

327 



CURATOR. 



CURATOR. 



the funeral piles of the noble and wealthy. Its 
dark foliage also gave it a funereal air. 1 

♦CUPRUM, Copper. ( Vid. Ms and Chalcos.) 

CURA. {Vid. Curator.) 

CURATE'LA. (Vid. Curator.) 

CURATIO. (Vid. Curator.) 

CURA'TOR. Up to the time of pubertas, every 
Roman citizen was incapable of doing any legal 
act, or entering into any contract which might be 
injurious to him. The time when pubertas was at- 
tained was a matter of dispute ; some fixed it at 
che commencement of the age of procreation, and 
some at the age of fourteen. 2 In all transactions by 
the impubes, it was necessary for the auctoritas of 
the tutor to be interposed. ( Vid. Auctoritas, Tu- 
tor.) With the age of puberty, the youth attained 
the capacity of contracting marriage and becoming 
a paterfamilias : he was liable to military service, 
and entitled to vote in the comitia; and, consist- 
ently with this, he was freed from the control of a 
tutor. Females who had attained the age of pu- 
berty became subject to another kind of tutela, which 
is explained in its proper place. (Vid. Tutela.) 

With the attainment of the age of puberty by a 
Roman youth, every legal capacity was acquired 
which depended on age only, with the exception of 
the capacity for public offices, and there was no 
rule about age, even as to public offices, before the 
passage of the lex Villia. (Vid. JEdiles, p. 25.) 
It was, however, a matter of necessity to give some 
legal protection to young persons, who, owing to 
their tender age, were liable to be overreached ; 
and, consistently with the development of Roman 
jurisprudence, this object was effected without in- 
terfering with the old principle of full legal capacity 
being attained with the age of puberty. This was 
accomplished by the lex Plaetoria (the true name 
of the lex, as Savigny has shown), the date of which 
is not known, though it is certain that the la\* ex- 
isted when Plautus wrote.* This law established 
a distinction of age, which was of great practical 
importance, by forming the citizens into two class- 
es, those above and those below twenty-five years 
of age (minores viginti quinque annis), whence a 
person under the last-mentioned age was sometimes 
simply called minor. The object of the lex was 
to protect persons under twenty-five years of age 
against all fraud (dolus). The person who was 
guilty of such a fraud was liable to a judicium pub- 
licum,* though the offence was such as in the case 
of a person of full age would only have been matter 
of action. The punishment fixed by the lex Plaeto- 
ria was probably a pecuniary penalty, and the con- 
sequential punishment of infamia or loss of political 
rights. The minor who had been fraudulently led 
to make a disadvantageous contract might protect 
himself against an action by a plea of the lex Plae- 
toria (exceptio legis Platorice). The lex also appears 
to have farther provided that any person who dealt 
with a minor might avoid all risk of the consequen- 
ces of the Plaetoria lex, if the minor was aided and 
assisted in such dealing by a curator named or 
chosen for the occasion. But the curator did not 
act like a tutor : it can hardly be supposed that his 
consent was even necessary to the contract ; for the 
minor had full legal capacity to act, and the busi- 
ness of the curator was merely to prevent his being 
defrauded or surprised. 

The praetorian edict carried still farther the prin- 
ciple of the lox Plaetoria, by protecting minors gen- 
erally against positive acts of their own, in all cases 
in which the consequences might be injurious to 
them. This was done by the " in integrum restitu- 

1 (Plin , H. N., xvi., 33.— Virg., .En., v., 64.— Horat., Cairn., 
li. 14, 23.)— 2. (Gams, i., 196.)* ?. (rseudolus, i., 3, 69.)— 4. 
fCic , De Nat. De«>r., iii., 30.) 
328 



tio :" the praetor set aside transactions of this de- 
scription, not only on the ground of fraud, but on s 
consideration of all the circumstances of the case. 
But it was necessary for the minor to make appli- 
cation to the praetor, either during his minority or 
within one year after attaining it, if he claimed the 
restitutio ; a limitation probably founded on the lex 
Plaetoria. The provisions of this lex were thus su 
perseded or rendered unnecessary by the jurisdic- 
tion of the praetor, and, accordingly, we find very 
few traces of the Plaetorian law in the Roman jurists. 

Ulpian and his contemporaries speak of ado- 
lescentes, under twenty-five years of age, being 
under the general direction and advice of cura- 
tores, as a notorious principle of law at that time. 1 
The establishment of this general rule is attribu- 
ted by Capitolinus 8 to the Emperor M. Aurelius, 
in a passage which has given rise to much dis- 
cussion. We shall, however, adopt the explana- 
tion of Savigny, which is as follows : Up to the 
time of Marcus Aurelius there were only three 
cases or kinds of curatela: 1. That which was 
founded on the lex Plaetoria, by which a minor who 
wished to enter into a contract with another, asked 
the praetor for a curator, stating the ground or oc 
casion of the petition (reddita causa). One object 
of the application was to save the other contracting 
party from all risk of judicial proceedings in conse- 
quence of dealing with a minor. Another object 
was the benefit of the applicant, (the minor) ; for no 
prudent person would deal with him, except with 
the legal security of the curator 3 ("Lex me perdit 
quinavicenaria : metuunt credere omnes"). 2. The 
curatela, which was given in the case of a man 
wasting his substance, who was called " prodigus." 
3. And that in the case of a man being of unsound 
mind, "demens," "furiosus." In both the last- 
mentioned cases provision was made either by the 
law or by the praetor. Curatores who were deter- 
mined by the law of the Twelve Tables were called 
legitimi ; those who were named by the praetor were 
called honorarii. A furiosus and prodigus, what- 
ever might be their age, were placed under the cura 
of their agnati by the law of the Twelve Tables. 
When there was no legal provision for the appoint 
ment of a curator, the praetor named one. Cuia 
tores appointed by a consul, praetor, or governor of 
a province (prases), were not generally required to 
give security for their proper conduct, having been 
chosen as fit persons for the office. What the lex 
Plaetoria required for particular transactions, the 
Emperor Aurelius made a general rule, and all mi- 
nors, without exception, and without any special 
grounds or reasons (non redditis c^vsis), were re- 
quired to have curatores. 

The following is the result of Savigny's investi- 
gations into the curatela of minors after the consti- 
tution of M. Aurelius. The subject is one of con- 
siderable difficulty, but it is treated with the most 
consummate skill, the result of complete knowledge 
and unrivalled critical sagacity. The minor only 
received a general curator when he made application 
to the praetor for that purpose : he had the right of 
proposing a person as curator, but the praetor might 
reject the person proposed. The curator, on being 
appointed, had, without the concurrence of the mi- 
nor, as complete power over the minor's property 
as the tutor had up to the age of puberty. He could 
sue in respect of the minor's property, get in debts, 
and dispose of property like a tutor. But it was 
only the property which the praetor intrusted to him 
that he managed, and not the acquisitions of the 
minor subsequent to his appointment ; and herein 
he differed from a tutor, who had the care of all the 

1. (Dig. 4, tit. 4. — De Minorihus xxv. Annis.;— 2. (M. La 
ton, c. 10.)— 3. (Plaut., Pseudolus, i., 3, 69.) 



CURATOR. 



CURATORES. 



property of the pupillus. If it was intended that 
the curator should have the care of that which the 
minor acquired after the curator's appointment, by 
will or otherwise, a special application for this pur- 
pose was necessary. Thus, as to the property 
which was placed under the care of the curator, 
hoth as regards alienation and the getting in of 
debts, the minor was on the same footing as the 
prodigus : his acts in relation to such matters, with- 
out the curator, were void. But the legal capacity 
of the minor to contract debts was not affected by 
the appointment of a curator, and he might be sued 
on his contract either during his minority or after. 
Nor was there any inconsistency in this : the minor 
could not spend his actual property by virtue of the 
power of the curator, and the preservation of his 
property during minority was the object of the cu- 
rator's appointment. But the minor would have 
been deprived of all legal capacity for doing any act 
if he could not have become liable on his contract. 
The contract was not in its nature immediately in- 
jurious, and when the time came for enforcing it 
against the minor, he had the general protection of 
the restitutio. If the minor wished to be adrogated 
{yid. Adoptio), it was necessary to have the consent 
of the curator. It is not stated in the extant au- 
thorities what was the form of proceeding when it 
was necessary to dispose of any property of the mi- 
nor by the mancipatio or in jure cessio ; but it may 
be safely assumed that the minor acted (for he alone 
could act on such an occasion) and the curator gave 
his consent, which, in the case supposed, would be 
analogous to the auctoritas of the tutor. But it 
would differ from the auctoritas in not being, like 
the auctoritas, necessary to the completion of the 
legal act, but merely necessary to remove all legal 
objections to it when completed. 

The cura of spendthrifts and persons of unsound 
mind, as already observed, owed its origin to the 
laws of the Twelve Tables. The technical word 
for a person of unsound mind in the Twelve Tables 
\h furiosus, which is equivalent to demens ; and both 
vords are distinguished from insanus. Though fu- 
ror implies violence in conduct, and dementia only 
mental imbecility, there was no legal difference be- 
tween the two terms, so far as concerned the cura. 
Insania is merely weakness of understanding (stul- 
titia constantia, id est, sanitate vacans 1 ), and it was 
not provided for by the laws of the Twelve Tables. 
In later times, the praetor appointed a curator for all 
persons whose infirmities required it. This law of 
the Twelve Tables did not apply to a pupillus or pu- 
pilla. If, therefore, a pupillus was of unsound mind, 
the tutor was his curator. If an agnatus was the 
curator of a furiosus, he had the power of alienating 
the property of the furiosus. 2 The prodigus only 
received a curator upon application being made to a 
magistratus, and a sentence of interdiction being 
pronounced against him (ei bonis interdictum est 3 ). 
The form of the interdictio was thus : " Quando tibi 
bona paterna avitaque nequitia tua disperdis, liber- 
osque tuos ad egestatem perducis, ob earn rem tibi 
ea re commercioque interdico." The cura of the 
prodigus continued till the interdict was dissolved. 
It might be inferred from the form of the interdict, 
that it was limited to the case of persons who had 
children ; but perhaps this was not so. 

It will appear from what has been said, that, 
whatever similarity there may be between a tutor 
and a curator, an essential distinction lies in this, 
that the curator was specially the guardian of prop- 
erty, though in the case of a furiosus he must also 
have been the guardian of the person. A curator 
must, of course, be legally qualified for his functions, 

1. (Cic , Tusc. Quaest., iii., 5.)— 2. (Gains, ii., 64.)— 3. (Com- 
pai? Cic, De Senec, c. 7.) 
Tt 



and he was hound, when appointed, to accept the 
duty, unless he had some legal exemption (excusa- 
tio). The curator was also bound to account at 
the end of the curatela, and w r as liable to an action 
for misconduct. 
The word cura has also other legal applications : 

1. Cura bonoium, in the case of the goods of a debt- 
or, which are secured for the benefit of his creditors. 

2. Cura bonorum et ventris, in the case of a t* oman 
being pregnant at the death of her husband. 3. Cu- 
ra hereditatis, in case of a dispute as to who is the 
heres of a person, when his supposed child is under 
age. 4. Cura hereditatis jaccntis, in the case of a 
property, when the heres had not yet declared 
whether or not he would accept the inheritance. 
5. Cura bonorum abscntis, in the case of property 
of an absent person who had appointed no manager 
of it. 

This view of the curatela of minors is from an 
essay by Savigny, who has handled the whole mat- 
ter in a way equally admirable, both for the scien- 
tific precision of the method, and the force and per- 
spicuity of the language. 1 

CURATO'RES were public officers of various 
kinds under the Roman Empire, several of whom 
were first established by Augustus. 2 The most im- 
portant of them were as follow : 

I. Curatores Alvei et Riparum, who had the 
charge of the navigation of the Tiber. The duties 
of their office may be gathered from Ulpian. 3 It 
was reckoned very honourable, and the persons who 
filled it received afterward the title of comites. 

II. Curatores Annon^s, who purchased corn 
and oil for the state, and sold it again at a small 
price among the poorer citizens. They were also 
called curatores emendi frumenti el olei, and ocrtivat 
and tXacuvat.* Their office belonged to the persona- 
lia munera ; that is, it did not require any expendi- 
ture of a person's private property ; but the curatores 
received from the state a sufficient sum of money 
to purchase the required amount. 6 

III. Curatores Aquarum. (Vid. Aqu^e Ductus, 
p. 75.) 

IV. Curatores Kalendarii, who had the care 
in municipal towns of the kalendaria, that is, the 
books which contained the names of the persons to 
whom public money, which was not wanted for the 
ordinary expenses of the town, was lent on interest. 
The office belonged to the personalia munera. 6 
These officers are mentioned in inscriptions found 
in municipal towns. 7 

V. Curatores Ludorum, who had the care of 
the public games. Persons of rank appear to have 
been usually appointed to this office. 8 In inscrip- 
tions, they are usually called curatores muneris gla- 
diator ii, &c. 

VI. Curatores Operum Publicorum, who had 
the care of all public buildings, such as the theatres, 
baths, aquaeducts, &c, and agreed with the con- 
tractors for all necessary repairs to them. Their 
duties, under the Republic, were discharged by the 
aediles and censors. (Vid. Censores, p. 229.) They 
are frequently mentioned in inscriptions. 9 

VII. Curatores Regionum, who had the care of 
the fourteen districts into which Rome was divided 



1. (Von dem Schutz Jer Minderjihrigcn, Zeitschrift., x. — Sa- 
vigny, Vom Beruf, &c, p. 102. — Gaius, i., 197.— Ulp., Frag , 
xii. — Dirksen, Uebersicht, &c, Tab. v., Frag. 7. — Mackeldcy, 
Lehrbuch des hcutigen Romischen Rechts. — Thibaut, System 
des Pandekten-Rechts. — Marezoll, Lehrbuch, &c. — A reference 
to these authorities will enable the reader to carry his investiga- 
tions farther, and to supply what is purposely omitted in the 
above sketch.)— 2. (Suet., Oc it., 37.)— 3. (Dig. 43, tit. 15.) — 
4. (Dig-. 50, tit. 5, s. 18, t> 5.1—$ (Dig. 50, tit. 8, s. 9, <> 5.)-6. 
(Dig. 50, tit. 4, s. 18, $ 2; tit. 8, s. 9, £ 7.— Ueinecc. Antiq. 
Rom., iii., 15, 4.)— 7. (Orelli, Inscrip-, No. 3940, 4491.)- * (T* 
cit., Ann., xi., 35 ; xiii., 22.— Suet.. Cal , 27.)— 9. rOrelli, U< 
scrip., No. 24, 1506, 2273.) 

329 



CURLE. 



KYRIOS. 



under the emperors, and whose duty it was to pre- 
vent all disorder and extortion in their respective 
districts. This office was first instituted by Augus- 
tus. 1 There were usually two officers of this kind 
for each district ; Alexander Severus, however, 
appears to have appointed only one for each ; but 
these were persons of consular rank, who were to 
have jurisdiction in conjunction with the praefectus 
urbi. 3 We are told that Marcus Antoninus, among 
other regulations, gave special directions that the 
curatores regionum should either punish, or bring 
before the praefectus urbi for punishment, all per- 
sons who exacted from the inhabitants more than 
the legal taxes. 3 

VIII. Curatores Reipublic^e, also called Lo- 
gist^e, who administered the landed property of 
municipia.* Ulpian wrote a separate work, De Of- 
ficio Curatoris Reipublica. 

IX. Curatores Viarum. (Vid. Yije.) 
KYRBEIS (Kvpdetc). (Vid. Axones.) 
CU'RIA. (Vid. Curiae.) 

CU'RLE. The accounts which have come down 
to us of the early ages of Rome, represent the 
burghers or proper citizens (the populus of the An- 
nals) to have been originally divided into three 
tribes, the Ramnes, Titienses, and Luceres. 5 (Vid. 
Tribus.) Each cf these tribes was composed of a 
union of ten curiae (^parpiaC) or wards, so that the 
whole number of the latter was thirty. Again, 
each of these thirty curiae was formed of gentes or 
houses, the families constituting which were not of 
necessity related ; just as at Athens the yevvfirai 
or members of a yivoc, also called djuoydXaKrec, 
were no way akin, but bore this name solely in con- 
sequence of their union. 6 Dionysius 7 farther in- 
forms us that Romulus divided the curiae into de- 
cads, i. e., decads of gentes or houses, at the head 
of which were officers called decurions : each of 
the three tribes, therefore, was originally composed 
of one hundred gentes (vid. Gens) ; and as in the 
c«ld legion the three centuries of horse corresponded 
to the three tribes, so did the thirty centuries of 
foot represent the same number of curiae. We 
need not, however, infer from this that the number 
i)f soldiers in each century was always a hundred. 8 

The curiae whose names have come down to us 
are only seven : the Forensis, Rapta, Faucia or 
Saucia, Tatiensis, Tifata, Veliensis, and Velita. 
According to Livy, 9 these names were derived from 
the Sabine women carried off during the consualia; 
according to Varro, 10 from their leaders (dvdpeg rjye- 
fioveg), by which he may mean Heroes Eponymi ; n 
others, again, connect them with the neighbouring 
pl.ices. 12 The poetical story of the rape of the Sa- 
bine women probably indicates, that at one time no 
cottnubium, or right of intermarriage, existed between 
the Romans and the Sabines till the former extorted 
it by force of arms. A more intimate union would, 
of course, be the consequence. 

Each of these thirty curiae had a president (curio), 
who performed the sacred rights, a participation in 
which served as a bond of union among the mem- 
bers. 1 ' The curiones themselves, forming a college 
of thirty priests, were presided over by the curio 
maximus. Moreover, each of these corporations 
had its common hall, also called curia, in which the 
citizens met for religious and other purposes. 1 * But, 
besides the lalls of the old corporations, there were 
also other curiae at Rome used for a variety of pur- 
poses : thus we read of the Curia Saliorum, on the 



1. (Suet., Octav., 30.)— 2. (Lamprid., Alex. Sev., 33.)— 3. 
(Jul. Capitol., M. Anton., 12.) — 4. (Dig-. 50, tit. 8, s. 9, $ 2 ; 2, 
tit. 14, s. 37.)— 5. (Liv., x., 6.)— 6. (Niebuhr, Hist. Rom., i., 
311, transl.)— 7. Hi., 7.>-8. (Varro, De Ling-. Lat., lib. iv.— Ar- 
nold, Hist. Rom., vol. i., p 25.)— 9. (i., 13.)— 10. (Dionys., ii., 
47.) — 11. (Niebuhr, Hist. Rom., i., 313, transl.) — 12. (Plut., 
Rom.)— 13. (Dionys., ii., 7, 64.)— 14. (Dionys., ii., 23.) 
330 



Palatine ; l of the Curia Calabra, on the Capitoline 
said to have been so called from calare, because th« 
pontifex minor there proclaimed to the people the 
number of days between the kalends and the nones 
of each month. 3 But the most important of all was 
the curia in which the senate generally met ; some- 
times simply called curia, sometimes distinguished 
by the epithet Hostilia, as it was said to have been 
built by Tullus Hostilius. This, however, was d«- 
stroyed by fire, and in its place Augustus erected 
another, to which he gave the name of Curia Julia, 
though it was still occasionally called the Curia 
Hostilia. 3 

The reader of Niebuhr will be aware that the 
curiae (we are now speaking of the corporations) 
were formed of the original burghers of the three 
patrician tribes, whose general assembly was the 
comitia curiata, and whose representatives original- 
ly formed the smaller assembly or senate. They 
were, in fact, essentially exclusive bodies, in whose 
hands were the whole government and property ol 
the state ; for the plebs which grew up around them, 
formed as it was of various elements, but not in- 
cluded in the curiae, had for a long time no share in 
the government of the state or its property. Our 
own country, before the alteration in the laws rela- 
ting to the franchise and municipal government, ex- 
hibited a parallel to this state of things. The free- 
men in many instances enjoyed the franchise, and 
possessed the property of their respective boroughs, 
though their unprivileged fellow-citizens often ex- 
ceeded them both in numbers and influence. But il 
is the nature of all exclusive corporations to decline 
in power and everything else : and so it was at 
Rome ; for in the later ages of the Republic, the 
curiae and their comitia were little more than a 
name and a form. The oblatio curia, under the em- 
perors, seems to show that to belong to a curia was 
then no longer an honour or an advantage, but a 
burden.* 

In later ages, curia signified the senate of a colo- 
ny in opposition to the senatus of Rome. (Vid. 
Colonia, p. 282.) Respecting the etymology of the 
word, see Comitia, p. 295. 

CURIA'TA COMI'TIA. (Vid. Comitia.) 

CURIO. {Vid. Curiae.) 

KYRTOS (Hvpcne) signifies generally the person 
that was responsible for the welfare of such mem- 
bers of a family as the law presumes to be incapa- 
ble of protecting themselves ; as, for instance, mi- 
nors and slaves, and women of all ages. Fathers, 
therefore, and guardians, husbands, the nearest male 
relatives of women, and masters of families, would 
all bear this title in respect of the vicarious func- 
tions exercised by them in behalf of the respective 
objects of their care. The qualifications of all 
these, in respect of which they can be combined in 
one class, designated by the term nvpioc, were the 
male sex, years of discretion, freedom, and, when 
citizens, a sufficient share of the franchise (eTUTifiia) 
to enable them to appear in the law-courts as plain- 
tiffs or defendants in behalf of their several char- 
ges ; in the case of the Kvpiog being a resident 
alien, the deficiency of franchise would be supplied 
by his Athenian patron (irpooTarrjc). The duties to 
be performed, and, in default of their performance, 
the penalties incurred by guardians, and the pro- 
ceedings as to their appointment, are mentioned un- 
der their more usual title. (Vid. Epitropoi.) 

The business of those who were more especially 
designated Kvptot in the Attic laws was, to protect 
the interests of women, whether spinsters or wid- 
ows, or persons separated from their husbands. If 
a citizen died intestate, leaving an orphan daughter, 

1. (Cic, De Div.. i., 11.)— 2. (Facciol., s. v.)— 3. (Cramer'* 
Italy, vol. i., p. 402.')— 4. (Heinecc, x., 24.) 



CURRUS. 



CURRUS. 



the son, or the father, of the deceased was bound 
to supply her with a sufficient dowry, and give her 
in marriage ; and take care, both for his own sake 
and that of his ward, that the husband made a prop- 
er settlement in return for what his bride brought 
him in the way of dower (aTrori/j,rjfia, Harpocr.). In 
the event of the death of the husband or of a di- 
vorce, it became the duty of the Kvpiog that had be- 
trothed her to receive her back and recover the 
dowry, or. at all events, alimony from the husband 
or his representatives. If the father of the woman 
had died intestate, without leaving such relations as 
above mentioned surviving, these duties devolved 
upon the next of kin, who had also the option of 
marrying her himself, and taking her fortune with 
her, whether it were great or small. 1 If the fortune 
were small, and he were unwilling to marry her, 
he was obliged to make up its deficiencies accord- 
ing to a regulation of Solon ; 2 if it were large, he 
might, it appears, sometimes even take her away 
*iom a husband to whom she had been married in 
lue lifetime and with the consent of her father. 

There were various laws for the protection of fe- 
male orphans against the neglect or cruelty of their 
kinsmen ; as one of Solon's, 3 whereby they could 
compel their kinsmen to endow or marry them ; and 
another, which, after their marriage, enabled any 
Athenian to bring an action Kanoxreug, to protect 
them against the cruelty of their husbands ;* and the 
archon was specially intrusted with power to inter- 
fere in their behalf upon all occasions. 5 (Vid. Ca- 

COSIS ^ * 

J *CURMA, CURMI, CORMA, and CURMON, a 
species of Ale mentioned by Sulpicius and Dioscor- 
ides. (Vid. Cerevisia.) 

CURSO'RES were slaves, whose duty it was to 
nin before the carriage of their masters, for the 
same purpose as our outriders. They were not 
used during the times of the Republic, but appear 
to have first come into fashion in the middle of the 
first century of the Christian aera. The slaves em- 
ployed for this purpose appear to have frequent- 
ly been Numidians. 6 The word cursores was also 
applied to all slaves whom their masters employed in 
carrying letters, messages, &c. 7 

CURSUS. (Vid. Circus, p. 256.) 

*CURU'CA or CURRU'CA, a bird mentioned by 
Aristotle under the name of vTtolaig.* Gaza trans- 
lates this Greek term by Curuca. Gesner inclines 
to the opinion that it is the Titlark, or Anthus pra- 
tensis, Bechstein. 

CURU'LIS SELLA. (Vid. Sella Curulis.) 

CURRUS, dim. CURRFCULUM (a Pf ia), a Char- 
iot, a Car. These terms appear to have denoted 
those two-wheeled vehicles for the carriage of per- 
sons which were open overhead, thus differing from 
the carpentum, and closed in front, in which they 
differed from the cisium. One of the most essen- 
tial articles in the construction of the currus was 
the avrvf, or rim ; and it is accordingly seen in all 
the chariots which are represented either in this ar- 
ticle, or at p. 66, 209, 253. ( Vid. Antyx.) Another 
indispensable part was the axle, made of oak ((pijyi- 
vog ai-uv 9 ), and sometimes also of ilex, ash, or elm. 10 
The cars of Juno and Neptune have metallic axles 
(otdijptog, ^a/Ueof di-uv 11 ). One method of making 
a chariot less liable to be overturned was to length- 
en its axle, and thus to widen the base on which it 
stood. The axle was firmly fixed under the body 



1. (Bunsen, De Jure Haered. Athen., p. 46.) — 2. (Demosth., 
c. Macart., 1068.)— 3. (Diod. Sic.xii., p. 298.)— 4. (Petit., Leg. 
Att., 543.)— 5. (Demosth., c. Macart., 1076.)— 6. (Senec, Ep., 
87, 126.— Mart., iii., 47; xii.,24.— Petron., 28.)— 7. (Suet.,Ner., 
49.— Tit., 9 .— Tacit., Agric, 43.)— 8. (H. A., vi.,7.)— 9. (Horn., 
II., v., 838; imitated by Virgil, " faginus axis:" Georg., iii., 
172.)—10 (Plin., H. N., xvi., 84.)— 11. (Horn., II., v., 723 ; xiii., 



of the chariot, which, in reference to this c ireum- 
stance, was called vireprepia, and which was often 
made of wicker-work, enclosed by the avrvt;. 1 Fat 
(Xinog 3 ) and pressed olives (amurca 3 ) were used to 
grease the axle. 

The wheels (uvula, rpoxoi, rota) revolved upon 
the axle,* as in modern carriages ; and they were 
prevented from corning off by the insertion of pins 
(efidoloc) into the extremities of the axle (uKpal-ovia). 
Pelops obtained his celebrated victory over OSno- 
maus through the artifice of Hippodamia, who, 
wishing to marry Pelops, persuaded Myrtilus, the 
charioteer of his adversary, to omit inserting one 
of the linchpins in the axle of his car, or to insert 
one of wax. 5 She thus caused the overthrow and 
death of her father CEnomaus, and then married the 
conqueror in the race. 

Sir W. Gell describes, in the following terms, the 
wheels of three cars which were found at Pompeii: 
" The wheels light, and dished much like the mod- 
ern, 4 feet 3 inches diameter, 10 spokes, a little 
thicker at each end." 6 These cars were probably 
intended for the purposes of common life. From 
Xenophon we learn that the wheels were made 
stronger when they were intended for the field of 
battle. After each excursion the wheels were ta- 
ken off the chariot, which was laid on a shelf or 
reared against a wall ; and they wp-e put on again 
whenever it was wanted for use. 7 

The parts of the wheel were as follows : 

(a.) The nave, called nlrifivr]? x olvlKl ^i modiolus.* 
The last two terms are founded on the resemblance 
of the nave to a modius or bushel. The nave was 
strengthened by being bound with an iron ring, 
called 7rli]fiv6deTov. 10 

(b.) The spokes, KVTjficu (literally, the ~egs), radit. 
We have seen that the spokes were sometimes ten 
in number. In other instances they were eight 
(uvula oKT&KVTifta 11 ), six, or four. Instead of being 
of wood, the spokes of the chariot of the sun, con- 
structed by Vulcan, were of silver (radiorum Jtrgen- 
teus ordo 17 ). 

(c.) The felly, lrvg. li This was commonly made 
of some flexible and elastic wood, such as poplar 14 
or the wild fig, which was also used for the rim of 
the chariot ; heat was applied to assist in produ- 
cing the requisite curvature. 15 The felly was, how- 
ever, composed of separate pieces, called arcs (dipi- 
deg 1 *). Hence the observation of Plutarch, that, as 
a " wheel revolves, first one apsis is at the highest 
point, and then another." Hesiod 17 evidently in 
tended to recommend that a wheel should consist 
of four pieces. 

(d.) The tire, eiriaurpov, canthus. Homer 18 de- 
scribes the chariot of Juno as having a tire of 
bronze upon a golden felly, thus placing the harder 
metal in a position to resist friction, and to protect 
the softer. On the contrary, Ovid's description is 
more ornamental than correct: "Aureasummce cur- 
vatura rotce." 19 The tire was commonly of iron. 20 

All the parts now enumerated are seen in an an- 
cient chariot preserved in the Vatican, a represent- 
ation of which is given in the following woodcut. 

This chariot, which is in some parts restored, 
also shows the pole (pv/iog, temo). It was firmly 
fixed at its lower extremity to the axle, whence 
the destruction of Phaethon's chariot is represented 

1. (Horn., II., xxiii., 335, 436.— Hesiod, Scut., 306.)— 2. (Io. 
Tzet.zes m Hes., Scut., 309.) — 3. (Phn., H. N., xv., 8.) — 4. 
(Tim., Lex. Plat.)— 5. (Pherecydes, ap. Schol. in Apoll. Rhod., 
i., 752.)— 6. (Pompeiana, Lond., 1819, p. 133.)— 7. (Horn., II., 
v., 722.J—8. (Horn., II., v., 726; xxiii, 339. — Hesiod, Scut., 
309.— Schol. in loc.)— 9. (Plin., H. N., ix., 3.)— 10. (Pollux, 
Onom.) — 11. (II., v., 723.) — 12. (Ovid, Met., ii., 108.)— 13. 
(Horn., I)., v., 724.)— 14. (II., iv., 482-486.)— 15. (II., xxi., 37, 




33 1 



CURRUS. 



CU11RUS. 




Sy the circumstance of the pole and axle being torn 
°.sunder (temone revulsus axis 1 ). At the other end 
[uKpopfiVfxiov) the pole was attached to the yoke, 
either by a pin (tySoXog), as shown in the chariot 
above engraved, or by the use of ropes and bands. 
{Vid. Jcgum.) 

Carriages with two, or even three poles were 
used by the Lyuians. 2 The Greeks and Romans, 
on the other hand, appear never to have used more 
than one pole and one yoke, and the currus thus 
constructed was commonly drawn by two horses, 
which were attached to it by their necks, and there- 
fore called dl'Cvyeg ittttol, 3 avvuplg, i "gemini ju- 
gales," 5 "equi bijuges." 6 

If a third horse was added, as was not unfre- 
quently the case, it was fastened by traces. It may 
tave been intended to take the place of either of 
the yoke horses (&yioi Ittttoi) which might happen 
to be disabled. The horse so attached was called 
iraprjopog. When Patroclus returned to battle in 
the chariot of Achilles, two immortal horses, Xan- 
thus and Balius, were placed under the yoke ; a 
third, called Pedasus, and mortal, was added on the 
sight hand ; and, having been slain, caused confu- 
sion, until the driver cut the harness by which this 
third horse was fastened to the chariot. 7 Ginzrot 8 
his published two drawings of chariots with three 
horses from Etruscan vases in the collection at Vi- 
enna. The linxog naprjopog is placed on the right 
of the two yoke horses. (See woodcut at top of 
next column.) We also observe traces passing be- 




tween the two uvtvjes, and proceeding from th« 
front of the chariot on each side of the middle horse. 
These probably assisted in attaching the third or ex- 
tra horse. 

The Latin name for a chariot and pair was biga. 
(Vid. Biga.) When a third horse was added, it 
was called triga ; and, by the same analogy, a char- 
iot and four was called quadriga; in Greek, rerpa- 
opia or Tidpnnzog. 

The horses were commonly harnessed in a quad- 
riga after the manner already represented, the two 
strongest horses being placed under the yoke, and 
the two others fastened on each side by means of 
ropes. This is implied in the use of the epithets 
oeipaioc; or aeipa<j)6po(;, and funalis or funarius, for a 
horse so attached. 1 The two exterior horses were 
farther distinguished from one another as the right 
and the left trace-horse. In a chariot-race descri- 
bed by Sophocles, 2 the driver, aiming to pass the 
goal, which is on his left hand, restrains the nearest 
horse, and gives the reins to that which was far- 
thest from it, viz., the horse in traces on the right 
hand (detjibv 6' uvelc aetpalov Ittkov). In the splen- 
did triumph of Augustus after the battle of Actium, 
the trace-horses of his car were ridden by two of 
his young relations. Tiberius rode, as Suetonius 
relates, " sinisteriore funali eqUo," and Mar<-ellus 
" dexteriore funali equo." As the works of at.cient 
art, especially fictile vases, abound in representa- 
tions of quadrigae, numerous instances may be ob- 
served in which the two middle horses (6 fiicoq 
detjioc icai 6 fiiaog apiarepoq 2 ) are yoked together as 
in a biga ; and, as the two lateral ones have collars 
(ke-xadva) equally with the yoke-horses, we may 
presume that from the top of these proceeded the 
ropes which were tied to the rim of the car, and by 
which the trace-horses assisted to draw it. The 
first figure in the annexed woodcut is the chariot of 
Aurora, as painted on a vase found at Canosa. 4 
The reins of the two middle horses pass through 




rings at the extremities of the yoke. All the par- 
ticulars which have been mentioned are still more 
distinctly seen in the second figure, taken from a 
terra-cotta at Vienna. 9 It represents a chariot 

*■■■!■ ' - — -- ■ 

1. (Ovid, Met., ii., 316.)— 2. (.Eschyl., Pers., 47.)— 3. (Horn., 
li., v., 195 ; x., 473.)— 4. (Xen., Hell., i., 2. 4 1.)— 5. (Virg., 
jEn., vii., 280.)— 6. (Georg., iii., 91.)— 7. (Horn., 11., xvi., 148- 
\o4, 467-474.)— 8. (W&gen und Fahrwerke, vol i , p. 342.)— 9. 
'Ginzrot, v. ii.. p 107, 108.* 
332 



overthrown in passing the goal at the circus. The 
charioteer having fallen backward, the pole an^ 
yoke are thrown upward into the air ; the twn 
trace-horses have fallen on their knees, and the 
two yoke-horses arc prancing on their hind legs. 
If we may rely on the evidence of numerous 



1. (Isid., Orig.,xviii.,35.)— 2. (Electra, 690-738.)— 3. (Schol 
inAristoph.. Nub., 122.) — 4. (Gerhard, iiber Lichtgnttheiten, pi 
iii., fig. 1 > 



CURRUS. 



CURRUS 



works of art, the currus was sometimes drawn by 
four horses without either yoke or pole ; for we see 
two of them diverging to the right hand and two to 
the left, as in the beautiful cameo on p. 334, 1st col., 
which exhibits Apollo surrounded by the signs of the 
zodiac. If the ancients really drove the quadriga 
thus harnessed, we can only suppose the charioteer 
to have checked its speed by pulling up the horses, 
and leaning with his whole body backward, so as to 
make the bottom of the car at its hindermost bor- 
der scrape the ground, an act and an attitude which 
seem not unfrequently to be intended in antique 
representations. 

The currus, like the cisium, was adapted to carry 
two persons, and on this account was called in 
Greek 6i<ppoc. One of the two was, of course, the 
driver. He was called tjvloxoc, because he held the 
reins, and his companion napac6ur?jc, from going by 
his side or near him. Though in all respects supe- 
rior, the TrapaiSuTris was often obliged to place him- 
self behind the tjvloxoc. He is so represented in the 
biga at p. 66, and in the Iliad 1 Achilles himself stands 
behind his charioteer Automedon. On the other 
hand, a personage of the highest rank may drive his 
own carriage, and then an inferior may be his rra- 
paiSaTnc, as when Nestor conveys Machaon (irdp' 
tie Ma^awv ftatve*), and Juno, holding the reins and 
whip, conveys Minerva, who is in full armour. 3 In 
such cases a kindness, or even a compliment, was 
conferred by the driver upon him whom he convey- 
ed, as when Dionysius, tyrant of Sicily, " himself 
holding the reins, made Plato his 7rapa(6uT7jc."* In 
the contest which has been already referred to, and 
which was so celebrated in Greek mythology, 03no- 
ma'js intrusts the reins to the unfaithful Myrtilus, 
and assumes the place of his -xapaifaT-ric, while Pe- 
lops himself drives with Hippodamia as his rcapai- 
tunc, thus honouring her in return for the service 
6he had bestowed.* 

The Persepolitan sculptuies, and the innumera- 
ble paintings discovered in Egyptian tombs, concur 
with the historical writings of the Old Testament, 
and with the testimony of other ancient authors, in 
showing how commonly chariots were employed on 
the field of battle by the Egyptians, the Persians, 
and other Asiatic nations. The Greek poetry of 
the heroic ages proves with equal certainty the ear- 
ly prevalence of the same custom in Greece. The 
apttjTTieq. i. e., the nobility, or men of rank, who 
wore complete suits of armour, all took their char- 
iots with them, and in an engagement placed them- 
selves in front.* Such were the linrelc, or cavalry 
of the Homeric period ; the precursors of those who, 
after some centuries, adopted the less expensive 
and ostentatious practice of riding on horseback, 
but who, nevertheless, in consideration of their 
wealth and station, still maintained their own hor- 
ses, rather to aid and exhibit themselves individu- 
ally on the field than to act as members of a com- 
pact body. In Homer's battles we find that the 
horseman, who, for the purpose of using his weap- 
ons, and in consequence of the weight of his ar- 
mour, is under the necessity of taking the place of 
trapaitdrriq (see the woodcut of the triga, p. 332), 
often assails or challenges a distant foe from the 
chariot ; but that, when he encounters his adversa- 
ry in close combat, they both dismount, " springing 
from their chariots to the ground," and leaving them 
to the care of the Tjvioxoi. 7 So likewise Turnus is 
described by Virgil, " Desiluit Turnus bijugis ; pe- 
des apparat ire Comminus." 8 As soon as the hero 
had finished the trial of his strength with his oppo- 



nent, he returned to his chariot, one of the <:nier 
uses of which was to rescue him from danger. 
When Automedon prepares to encounter both Hec- 
tor and JEneas, justly fearing the result, he directs 
his charioteer, Alcimedon, instead of driving the 
horses to any distance, to keep them " breathing on 
his back," 1 and thus to enable him to effect his es- 
cape in case of need. 

These chariots, as represented on bas-reliefs and 
fictile vases, were exceedingly light, the body often 
consisting of little besides a rim fastened to the hot 
torn and to the axle. Unless such had been really 
their construction, it would be difficult to imagine 
how so great a multitude of chariots could have been 
transported across the ^Egean Sea. Homer also 
supposes them to be of no greater weight ; ibr, al- 
though a chariot was large enough to convey two 
persons standing, not sitting, and on some occa- 
sions was also used to carry off the armour of the 
fallen, 2 or even the dead body of a friend, 3 yet Di- 
omed, in his nocturnal visit to the enemy's camp, 
deliberates* whether to draw away the splendid 
chariot of Rhesus by the pole, or to carry it off on 
his shoulder. The light and simple construction of 
war-chariots is also supposed by Virgil, 5 when he 
represents them as suspended with all kinds of 
armour on the entrance to the temple of the Lau- 
rentian Picus. 

We have already seen that it was not unusual, 
in the Homeric battles, to drive three horses, one 
being a napijopoc : in a single instance, that of Hec- 
tor, four are driven together. 6 In the games, the 
use of this number of horses was, perhaps, even 
more common than the use of two. The form of 
the chariot was the same, except that it was more 
elegantly decorated. But the highest style of or- 
nament was reserved to be displayed in the quadri- 
gae, in which the Roman generals and emperora 
rode when they triumphed. The body of the tri- 
umphal car was cylindrical, as we often see it 
represented on medals. It was enriched with gold 
(aurco curru 1 ) and ivory. 8 The utmost, skill of the 
painter and the sculptor was employed to enhance 
its beauty and splendour. More particularly the 
extremities of the axle, of the pole, and of the yoke, 
were highly wrought in the form of animals' heads. 
Wreaths of laurel were sometimes bung round it 
(currum laurigerum 9 ), and were also fixed to the 
heads of the four snow-white horses l0 The car 
was elevated so that he who triumphed might be 
the most conspicuous person in the procession, and, 
for the same reason, he was obliged to stand erect 
(in curru stantis eburno 11 ). A friend, more especially 
a son, was sometimes carried in the same chariot 
by his side. 12 When Germanicus celebrated his 
triumph, the car was " loaded" with five of his 
children in addition to himself. 13 The triumphal 
car had, in general, no pole, the horses being led by 
men who were stationed at their heads. 

The chariot was an attribute not only of the gods, 
but of various imaginary beings, such as Victory, 
often so represented on coins, vases, and sculptures 
(biga, cui Victoria institerat 1 *) ; Night (Nox bigis 
subvecta 15 ) ; and Aurora, whom Virgil represents as 
driving either two horses 16 or four, 17 in this agreeing 
with the figure in our last woodcut. In general, 
the poets are more specific as to the numbei of 
horses in the chariots of the deities, and it rarely 
exceeded two. Jupiter, as the father of the gods, 



1. (xix., 397.)—2. (II., xi., 512. 517.)— 3. (v., 720-775.)- 
( .Elian, V. H., -v., 18.)— 5. (Apollon. Rhod., i., 752-758.)— G. 
( Vid. p 94, 97.)— 7. (II., iii., 2'J ; xvi., 423, 427 ; xvii., 480-483. 

Hesiod, Scut. Here, 370-372.)— 8. {23a., x., 453.) 



1. (II., xvii., 502.)— 2. (II., xvii., 540.)— 3. (II., xiii., 657.)- 
4. (Ii., x., 503-505.)— 5. (.En., vii., 184.)— 6. (II., vii., 185.)— 7 
(Flor., i., 5.— Ilor., Epod., ix., 22.)— 8. (Ovid, Tiist., iv., 2, 63 
—Pont., iii., 4, 35.)— 9. (Claudian, De Laud. Stii., iii., 20.)- 
Tert. Cons. Honor., 130.)— 10. (Mart., vii., 7.)— 11. (Ovid, 1 
c.)— 12. (Val. Max., v., 10, t> 2.)— 13. (Tac., Ann., ii., 41.^—14. 
(Tacit., Hist., i., 86.)— 15. (Virg., .En., v., 721.)— 16. (vu, 26./ 
—17. (r 535.) 

333 



CURRUS. 



CYCNUS. 



drives four white horses when he goes armed with 
his thunderbolt to resist the giants : Pluto is diawn 
by four black horses. The following line, 

" Quadrijivgis et Phcebus equis, et Delia bigis" 1 

is in accordance not only with numerous passages 
of the poets, but with many works of art. A bronze 
lamp 2 shows the moon, or Diana, descending in a 
biga, and followed by Apollo, who is crowned with 
rays as he rises in a quadriga. The same contrast 
is exhibited in the annexed woodcut, showing the 
devices on two gems in the royal collection at Ber- 
lin. That on the left hand, representing Apollo 
encircled by the twelve signs, calls to mind the en- 




graving on the seal of Amphitryon, " Cum quadri- 
gis sol exoriens." 3 In the JHneid, 4 Latinus drives 
a chariot and four to express his claim to be de- 
scended from Apollo. The chariots of Jupiter and 
of the Sun are, moreover, painted on ancient vases 
with wings proceeding from the extremities of the 
axle (nrrnvbv apfia ; 5 volucrem currum 6 ). 

These supernatural chariots were drawn not only 
by horses, but by a great variety of brute or imagi- 
nary beings. Thus Medea received from the Sun a 
car with winged dragons. 7 Juno is drawn by pea- 
cocks, 8 Diana by stags, 9 Venus by doves or swans, 
Minerva by owls, Mercury by rams, and Apollo by 
griffons. To the car of Bacchus, and, consequently^ 
of Ariadne (vid. Capistrum, p. 209), are yoked cen- 
taurs, tigers and lynxes : 

" Tu lijugum pictis insignia frenis 
Colla premis lyncum." 10 

Chariots executed in terra-cotta (quadriga ficti- 
ies 11 ), in bronze, or in marble, an example of which 
last is shown in the annexed woodcut from an an- 
cient chariot in the Vatican, were among the most 
beautiful ornaments of temples and other public edi- 
fices. 




No pains were spared in their decoration ; and 
Pliny informs us 1 * that some of the most eminent 
artists were employed upon them. In numerous 
instances they were designed to perpetuate the 
fame of those who had conquered in the chariot- 
race. 13 As the emblem of victory, the quadriga was 

1. (Manil., v., 3.) — 2. (Bartoli, Ant. Lucerne, ii., 9.) — 3. 
(Flaut., Amphit., i., 1, 266.)— 4. (xii., 162.)— 5. (Plato, Phsed.) 
—6. (Hor., Carm., i., 34, 8.)— 7. (Apollod., i., 9, 28.)— 8. (Ovid, 
Met., ii., 531.)— 9. (Claudian, De Laud. Stil., iii., 285-290.— 
Ccmbe, Phigalian Marbles, pi. xi.)— 10. (Ovid, Met., iv., 23.)— 
11. (Plin., IT. N., xxviii., 4.) — 12. (H. N., xxxiv., 19.)— 13. 
tPaus., ri., 10.) 
334 



sometimes adopted by the Romans to grace tnri tri- 
umphal arch by being placed on its summit ; a.id 
even in the private houses of great families, c' &ri- 
ots were displayed as the indications of rant,*,- the 
memorials of conquest and of triumph. 1 
CUSTO'DES. (Vid. Comitia, p. 297.) 
CY'ATHUS (icvadoc), a Greek and Roman liquk. 
measure, containing one twelfth of the sextarius 
or -0825 of a pint English. It was, in later times 
at least, the measure of the common drinking-glass 
among the Romans, who borrowed it from the 
Greeks.* The fonn of the cyathus used at ban 
quets was that of a small ladle, by means of which 
the wine was conveyed into the driitking-cups from 
the large vessel (uparrip) in which it was mixed. 1 
Two of these cyathi are represented in the annexed 
woodcut from the Museo Borbonico, vol. iv., jw i2 




i 



\J 



The cyathus Tas the uncia, considered with ref- 
erence to the sextarius as the unit : hence we have 
sextans used for a vessel containing the sixth of the 
sextarius, or two cyathi, quadrans for one contain- 
ing three cyathi, triens for four cyathi, quincunx for 
five cyathi, &c. 4 

♦CYCLAMTNUS (tcviadfiivoc), a plant, of which 
Dioscorides mentions two species. The first ap- 
pears to be the Cyclamen Europaum, or common 
Sow-bread. About the second there has been much 
difference of opinion. Dodonaeus and Hardouin 
conclude that it was the Bitter-sweet (Salanum dul- 
camara,) ; but Sprengel follows Gesner in referring 
it to the Lonicera periclymenum, or Woodbine. 8 

*CYCNUS (kvkvoc). This appellation, as Adams 
remarks, is generally applied to the Anas Cycnus, 
L., or Wild Swan ; but sometimes also to the Anas 
Olor, or Tame Swan. It is to the wild swan that 
the Homeric epithet davlixbdeipoc, "long-necked," 
is particularly applicable. 6 " It is to this species 
(the Anas Cycnus),'''' observes Griffith, "that the 
ancients attributed so melodious a voice : but this 
opinion, however accredited, was not universal. It 
was contested by Lucian, Pliny, and JElian ; and 
even Virgil speaks only of the disagreeable cries of 
the swan. Some moderns have, notwithstanding, 
adopted the popular notions of the ancients on this 
subject, and, even in contradiction to the evidence 
of their senses, have endeavoured to persuade 
themselves of its truth. It is sufficient to observe, 
from all creditable evidence, that the opinion is ut- 
terly unfounded. The swan neither sings during 
its lifetime, nor, as some assert, just before its 
death. The comparatively modern discovery of the 
Black Swan seems to lead to the conclusion that 
the Cycnus Niger of antiquity w T as not altogether a 
fabulous creature." 7 



1. (Juv., viii., 3.)— 2. (Varro, De Ling. Lat., v., 124, ed. Miil 
ler.)— 3. (Becker, Charikles, vol. i., p. 463.) — 4. (Wurm, De 
Pond. Mens., &c. — Hussey on Ancient Weights, &c.) — 5. (The 
ophrast., H. P., vii., 9.— Dioscor., ii., 193 —Hardouin ad Plin., 
H. N., xxv. 68.)— 6. (Adams, Append., s. v.)— 7. (Griffith's Cu- 
vier, vol. viii., p. 660.) 



(JYMBALUM 



CiNOCEPHALI. 



*CYDONIUM MALUM, the Quince, the fruit of 
the Pirus Cydonia. The name arose from that of 
the city of Cydon, in Crete, whence they were first 
brought to Greece. Cato first gave it the appella- 
tion of Cotoncum malum, and Pliny followed him. 
The ancient writers mention several varieties of the 
Quince : thus the true ones (nvduvia) were small 
and round ; another kind, the arpovdeia, was of a 
large size, and sweeter than the former. Columella 
enumerates three kinds, namely, Slruthea, Mustea, 
and Chrysomcla. The last, however, belongs to the 
orange family. The Quince-tree is still called kv- 
fiuvui in northern Greece. According to Sibthorp, 
it is cultivated in gardens with the apple-tree. 1 
*CYMINDIS (KVfitvdtg). (Vid. Hierax.) 
CYCLAS (uvulae) was a circular robe worn by 
women, to the bottom of which a border was affix- 
ed, inlaid with gold. 

" Hcbc nunc aurata cyclade signal humum." 2 

Alexander Severus, in his other attempts to re- 
strain the luxury of his age, ordained that women 
should only possess one cyclas each, and that it 
should not be adorned with more than six unciae of 
gold. 3 The cyclas appears to have been usually 
made of some thin material (tenui in cyclade*). It 
is related, among other instances of Caligula's ef- 
feminacy, that he sometimes went into public in a 
garment of this description. 8 For the literature of 
this subject, see Ruperti, ad Juv., vi., 259. 

CYMBA (kv/j.6t]) is derived from kv/j.6oc, a hollow, 
and is employed to signify any small kind of boat 
used on lakes, rivers, &c. 6 It appears to have 
been much the same as the ukutiov and scapha. 
(Vid. Acatiqn.) 

CY'MBALUM (nvp.6a'kov), a musical instrument, 
in the shape of two half globes, which were held, 
one in each hand, by the performer, and played by 
being struck against each other. The word is ori- 
ginally Greek, being derived from KVfi6oc, a hollow, 
with which the Latin cymba, cymbium, &c., seem to 
be connected. In Greek it has several other sig- 
nifications, as the cone of a helmet ; 7 it is also 
used for dpdavia, 9 the vessel of purification placed 
at the door of a house where there had been death. 9 
Besides this, it is often employed metaphorically for 
an empty, noisy person, as in 1 Corinthians, xiii., 1, 
or, as Tiberius Caesar called Apion the grammarian, 
Cymbalum mundi. 10 In the middle-age Latin it is 
used for a church or convent-bell, and sometimes 
*or the dome of a church. 11 




1. (Plin., H. N., xv., 11.— Columell., v., 10.— Ovid, A. A., iii., 
705.— Billerbeck, Flora Classica, p. 132.)— 2. (Prop., IV., vii., 
40.)— 3. (Lamprid., Alex. Sev., c. 41.)— 4. (Juv., vi., 259.)— 5. 
(Suet., Cal., 52.)— 6. (Cic, De.Off., iii., 14.— Mn., vi., 303.)— 
7. (Salmas., Exerc. Plin., 385.)— 8. (Hesych., s. v.)— 9. (Eurip., 
Acest., 98.)— 10. (Plin. in Praef, H. TV.) — 11. (Godin, Descr. 
? Soph., 147.) 



Several kinds of cymbals are found on ancient 
monuments, and, on the other hand, a great many 
names have been preserved by the grammanana 
and lexicographers ; but the descriptions of the lat- 
ter are so vague, that it is impossible to identify 
one with the other. A large class of cymbals was 
termed Kpovp,ara, which, if they were really distinct 
from the upoTala, as Spohn and Lampe suppose, 
cannot now be exactly described. (Vid. Crota- 
lum.) The preceding drawing of a upoiifia is taken 
from an ancient marble, and inserted on the author- 
ity of Spohn. 1 

The ■ Kpe/j,6a2.a mentioned in the Homeric hymn 
to Apollo 2 were of this kind, played on by a chorus 
of Delians. The scabilla or upovKz&a were also on 
the same principle, only played with the foot, and 
inserted in the shoe of the performer ; they were 
used by flute-players, perhaps to beat time to their 
music. 3 

Other kinds of cymbals were, the 7r2.aray7j, an in- 
vention of Archytas, mentioned by A ristotle, 4 and 
its diminutive nharayuviov, which, from the descrip- 
tion of Julius Pollux and Hesychius, 5 appears to 
have been a child's rattle ; b!-v6a§a, the two parts 
of which Suidas tells us 6 were made of different 
materials, for the sake of variety of sound ; kotv- 
lai, mentioned in the fragments of iEschylus, with 
several others noted by Lampe in his work De Cym- 
balis, but perhaps without sufficient authority. 

The cymbal was usually made in the form of two 
half globes, either running off towards a point so 
as to be grasped by the whole hand, or with a han- 
dle. It was commonly of bronze, but sometimes of 
baser material, to which Aristophanes alludes. 7 The 
subjoined woodcut of a cymbalistria is taken from 
an ancient marble, and given on the authority of 
Lampe. See also the figure in page 189. 




The cymbal was a very ancient instrument, oe- 
ing used in the worship of Cybele, Bacchus, Juno, 
and all the earlier deities of the Grecian and Roman 
mythology. It probably came from the East, from 
whence, through the Phoenicians, it was conveyed to 
Spain. 8 Among the Jews it appears (from 2 Chron., 
v., 12, 13. — Nehem., xii., 27) to have been an in- 
strument in common use. At Rome we first hear 
of it in Livy's account of the Bacchic orgies, which 
were introduced from Etruria. 9 

For sistrum, which some have referred to the 
class of cymbala, see Sistrum. 

*CYNOCEPH / ALI (KwonfyaXot), a fabulous race, 
with the heads of dogs, mentioned by Pliny and 
others as dwelling in the interior of Africa. The 
Cynocephali of the ancients, however, were in real- 
ity a species of large baboon, with elongated, dog- 
like head, flat and compressed cheeks, projecting 
and strong teeth, and a forehead depressed below 



1. (Miscell., sec. 1, art. vi., fig. 44.)— 2. (161-164.)— 3. (Pol 
lux, Onom., x., 33.)— 4. (Pol., viii., 6.)— 5. (s. v.)— 6. (s. v.)- 
7. (Ranae, 1305.) — 8. (Compare Martial's Bactica CrumaU >- 
9. (xxxix.,9.) 

335 



CYTISUS. 



DJ5DALA. 



the level of the superior margins of the orbits. Not- 
withstanding this close approximation to the shape 
ot the dog's head, the form and position of the eyes, 
cumbined with the similarity of the arms and hands, 
gave to these creatures a resemblance to humanity 
as striking as it is disgusting. 1 

*CYNOGLOSSUM (nvvoyluooov or -oq), the 
Hounds'-tongue, or Cynoglossum officinale. Cul- 
pepper, the English herbalist, says, with respect to 
the etymology of the word, " it is called Hounds'- 
tongue because it ties the tongues of dogs ; wheth- 
er true or not, I have never tried." 2 

II. The name of a fish mentioned by Athenaeus. 
Rondelet supposes it a species of the Bouglossus or 
Sole. 3 

♦CYNOCRAMBE (KvvoKpdfiSn), a plant, which 
Sprengel, in his history of Botany, sets down as the 
Ckcnopodium album, or white Goose-foot ; but in 
his edition of Dioscorides he joins Bauhin in hold- 
ing it to be the Thelygonum cynocrambe* 

*CYNOMYIA (nvvofivia), the Dog-fly, or Musca 
canina. s 

*CYNORAIS'TES (nwopaloTTJc), the Dog-tick, or 
Acarus Ricinus, L. 6 

*C YNOR'ODON (Kwopodov). " None of the com- 
mentators," observes Adams, " offer any explana- 
tion of what it was ; but, as the word signifies the 
Dog-rose, or Rosa canina, it is probable that it was 
the same as the KwoodaTov."' 1 

♦CYNOSBATUM {KwoaSarov). " The comment- 
ators are not quite agreed respecting this plant," 
observes Adams. " Dierbach makes it to be the 
Rosa pomif era ; Sprengel follows Dodonaeus in re- 
ferring it to the Rosa canina, or Hep-tree ; and 
Stackhousn at first inclines to this opinion, but af- 
terward decides in favour of the Rubus Idaus. I 
am of opinion that it was most probably the Rosa 
canina. " s 

*CYNOPS {nvvuTp). Both Sprengel and Stack- 
house call this plant Plantago Cynops, but the latter 
hesitates about making it the P. Psyllium, or Flea- 
wort. 9 

*CYPE'RUS (KVTTEipoc or -ov), the Cyperus ro- 
tundus. a plant still very common on the Greek 
islands. It is mentioned by Theocritus as an agree- 
able plant, and is also noticed by Homer and Ni- 
cander. According to Dodwell, the roots are taken 
medicinally for disorders of the stomach. The 
leaves are used for stringing and bringing the roots 
o Athens, and for tying the wild figs on the culti- 
vated tree. 10 

*CYPRUS (nv-Kpoc), a plant ; according to Pliny, 
the same with the Ligustrum. Martyn, however, 
remarks, that Prosper Alpinus found plenty.of plants 
.Ti Egypt answering to Dioscorides' description of 
the Cyprus, but at the same time declared that the 
Italian Ligustrum, or Privet, did not grow in Egypt. 
It has since been settled, according to Adams, that 
it is a species of Lawsonia, either the inermis or the 
alba, Lam. 11 

*CYT'ISUS (kvtlcoc). " There has been consid- 
erable diversity of opinion respecting this plant. 
The point, however, seems at last to have been 
settled by Martyn and Sprengel in favour of the 
Medicago arborea, or Tree Medick." Sibthorp found 
the M. arborea growing among the rocks around 
Athens. 12 



1. (Plin., H. N., vi., 30 ; viii., 54 ; xxxvii., 9.)— 2. (Dioscor., 
iv., 128. — Adams, Append., s. v.) — 3. (Athen., vii., p. 321.) — 4. 
(Dioscor., iv., 192. — Adams, Append., s. v.) — 5. (iEhan, N. A., 
iv., 51.)— 6. (Horn., Od., xvii., 300.— Aristot., H. P., v., 25.)— 7. 
(Theophrast., H. P., iv., 4.)— 8. (Theophrast., H. P., iii., 18.— 
Dioscor., i., 123.— Adams, Append., s. v.) — 9. (Theophrast., H. 
P., vii., 8.)— 10. (Theophrast., H. P., i., 8 ; iv., 10.— Dioscor., i., 
4.— Adams, Append., s. v.)— 11. (Theophrast., Fr., i v., 25.— Di- 
oscor., i., 124.— Plin., H. N., xvi., 18.— Martyn ad Virg., Eclog., 
a. 18.)— 12. (Theophrast , H. P., i., 6.— Dioscor., iv., 111.) 
32fi 



D. 

DACTYLIOTHE'CA (daKTvliodTjw), a case « 
box where rings were kept. 1 The name was also 
applied to a cabinet or collection of jewels. We 
learn from Pliny 2 that Scaurus, the stepson of Sulla,, 
was the first person at Rome who had a collection 
of this kind, and that his was the only one till Pom- 
pey brought to Rome the collection of Mithradates, 
which he placed in the Capitol. Julius Caesar also 
placed six dactyliothecae in the Temple of Venus 
Genetrix. 3 

DACT'YLUS (ddKTvloc). (Vid. Pes). 

DADU'CHUS (6a6ov X oc). {Vid. Ei.eusinia). 

DiEDA'LA (AaidaXa), a festival celebrated in 
Bceotia in honour of Hera, surnamed Nv/j.^Evo/xivjj 
or TeAem. 4 Its origin and mode of celebration arc 
thus described by Pausanias : 5 Hera was once angry 
with Zeus, and withdrew herself to Eubcea. Zeus 
not being able to persuade her to return, went to 
Cithaeron, who then governed Plataeae, and who was 
said to be unequalled in wisdom. He advised Zeus 
to get a wooden statue, to dress and place it upon a 
chariot, and to say that it was Plataea, the daughter 
of Asopus, whom he was going to marry. Zeus 
foliov/ed the advice of Cithaeron, and no sooner had 
Hera heard of her husband's projected marriage 
than she returned. But when, on approaching the 
chariot and dragging off the coverings, she saw the 
wooden statue, she was pleased with the device, 
and became reconciled to Zeus. In remembrance 
of this reconciliation, the Plataeans solemnized the 
festival of the daedala, which owes its name to Aat- 
SaXa, the appellation by which, in ancient times, stat- 
ues and other works of ingenious and curious work- 
manship were designated. 6 Pausanias was told that 
the festival was held every seventh year ; but he be- 
lieves that it took place at shorter intervals, though 
he was unable to discover the exact time. 

We have to distinguish between two festivals of 
this name : one, which was celebrated by the Pta- 
taeans alone, was called the lesser Dadala (&aida?*a 
jutKpd), and was held in the following manner : In 
the neighbourhood of Alalcomene was the greatest 
oak-forest of Boeotia, and in it a number of oak- 
trunks. Into this forest the Plataeans went, and ex- 
posed pieces of cooked meat to the ravens, atten- 
tively watching upon which tree any of the birds, 
after taking a piece of the meat, would settle ; and 
the trees on which any of the ravens settled were 
cut down and worked into daedala, i. e., roughly- 
hewn statues. 

The great Dczdala (Aaidaha /j.eya?ia), in the cele- 
bration of which the Plataeans were joined by the 
other Boeotians, took place every sixtieth year ; be- 
cause at one time, when the Plataeans were absent 
from their country, the festival had not been cele- 
brated for a period of sixty years. At each of the 
lesser Daedala fourteen statues were made in the 
manner described above, and distributed by lot 
among the towns of Plataese, Coronea, Thespiae, 
Tanagra, Chaeronea, Orchomenos, Lebadea, and 
Thebes ; the smaller towns took one statue in com- 
mon. The Boeotians assembled on the banks of the 
Asopus ; here a statue of Hera was adorned and 
raised on a chariot, and a young bride led the pro- 
cession. The Boeotians then decided by lot in what 
order they were to form the procession, and drove 
their chariots away from the river and up Mount 
Cithaeron, on the summit of which an altar was 
erected of square pieces of wood, fitted togethe* 
like stones. This altar was covered with a quanti- 



1. (Mart., xi., 59.)— 2. (H. N., xxxvii., 5.)— 3. (Plin., 1. c.)- 
4. (Paus., ix., 2, 5.) — 5. (Paus., ix., 3, 1, &c.) — 6. (Damm, }j»k 
ic, s. v. &aida\nc.) 



DAMNUM 



DAPHNE. 



ty of dry wooJ, and the towns, persons of rank, and 
other wealthy individuals, offered each a heifer to 
Hera and a bull to Zeus, with plenty of wine and 
incense, and at the same time placed the daedala 
upon the altar. For those who did not possess suf- 
ficient means, it was customary to offer small sheep ; 
but all their offerings were burned in the same man- 
ner as those of the wealthier persons. The fire 
consumed both offerings and altar, and the immense 
flame thus kindled was seen far and wide. 

The account of the origin of the daedala given by 
Pausanias agrees in the main points with the story 
related by Plutarch, 1 who wrote a work on the Pla- 
taean daedala ; the only difference is, that Plutarch 
represents Zeus as receiving his advice to deceive 
Hera from Alalcornenes, and that he calls the 
wooden statue by which ihe goddess was to be de- 
ceived Daedala instead of Plataea. Plutarch also 
adds some remarks respecting the meaning of the 
festival, and thinks that the dispute between Zeus 
and Hera had reference to the physical revolutions 
to which Bceotia, at a very remote period, had been 
subject, and their reconciliation to the restoration 
of order in the elements. 2 

*DACRYD'ION (cWpvcW), a name for Scam- 
mony, given to it by Alexander of Tralles. ( Vid. 

SCAMMONIA.) 3 

*DACT / YLI (SuktvXoc), the fruit of the Palm- 
tree The earlier Greek writers called this by the 
names of tyoivineg, <poiviKog fiukavoi, and (poiviKofja- 
Xavot. The appellation duicTvXot occurs first in the 
works of the medical authors, but came afterward 
into general use ; from it the name of the fruit in 
question is derived in all the modern languages of 
Europe. Thus they are called dactyles in Spanish, 
dattili in Italian, datteln in German, and dates in 
French and English. {Vid. Piicenix.)* 

♦DAMASO'NIUM ( dafiaouviov ), a plant, the 
tame, according to Galen, with the uXiafia of Dios- 
corides. Stephens calls it Plantago aquatica. Cor- 
dus., Sprengel, and Sibthorp accordingly acknowl- 
edge it as the Water Plantain, or Alisma plantago, 
I. 6 

DAMNI INJURIA ACTIO. The Aquilia lex, 
m the first chapter, provided that, if a man unlaw- 
fully (injuria) killed a slave or quadruped (qua pecu- 
dum numero sit) which belonged to another, he was 
bound to pay to the owner the highest value that 
the slave or animal had within the year preceding 
the unlawful act. By the third chapter he was 
bound to pay the highest value that the slave or 
animal had within the thirty days preceding the 
unlawful act. A person whose slave was killed 
(injuria) might either prosecute the offender capi- 
tally (capitali criminc), or might bring his action for 
damage under this lex. The actions of the lex 
Aquilia (actiones directce) were limited to damage 
done by actual contact (corpore), and only the owner 
of the thing damaged could sue. Afterward, an 
Kstio utilis was given in the case where the injury 
vas done corpori but not corpore ; as if a man per- 
suaded a neighbour's slave to get up a tree, and he 
fell down and died, or was injured : such actio was 
also given to him who had a jus in re. 6 

DAMNUM signifies generally any injury to a per- 
son's property, and it is either damnum factum, 
datum, damage done, or damnum infectum, metu- 
endum, damage apprehended. (Vid. Damnum In- 
fectum.) Damage done to our actual property is 
simply called damnum ; that damage which is 
caused by our being prevented from acquiring a 

1. (ap. Euseb., De Praeparat. Evang., iii., p. 83, and Fragm., 
P. 759, &c, ed.Wyttenb.)— 2. (Vid. Creuzer, Symbol, und My- 
thol., ii., p. 580, and Miiller's Orchom., p. 211, &c.)— 3. (Adams, 
Append., s. v.) — 4. (Adams, Append., 's. v.) — 5. (Galen, De 
5unj vi --Paul. JEg\n., vii., 3. — Dioscorides. iii.. 154.— 
kdams, Aj per.d., s. v.)— 6. (Gaiui, iii., 210, <kc— Dig. 9, tit. 2.) 

U v 



certain gain .'s called lucrum cessans: b&th are 
sometimes comprehended under the phrase " id 
quod interest," though this expression is more fre- 
quently applied to that compensation which a man 
claims beyond the baie value of the thing damaged, 
and sometimes it signifies the bare loss only. To 
make good any damage done is called damnum 
praestare. 

The causes of damnum are either chance (casus) 
or the acts of human beings, which, when charac- 
terized by dolus malus or culpa, become damnum 
in the restricted and legal sense. (Vid. Culpa.) 
Delay (mora) is included by some writers under the 
causes of damnum, but it might be appropriately 
considered as a form of culpa. 

DAMNUM INFECTUM is damage not done, but 
apprehended. For instance, if a man feared that 
mischief might happen to his property from the di- 
lapidated state of his neighbour's buildings, he could 
require from the owner, or from the occupier who 
had a jus in re, or even from the possessor, securi- 
ty (cautio) against the mischief that was appre- 
hended. The mode of obtaining this cautio was 
by the damni infecti actio. The actor was obliged 
to swear that he did not require the cautio, calum- 
niae causa. If the cautio was not given within the 
time named by the judex, the actor was permitted 
to take possession of the ruinous edifice. If a man's 
house fell and injured the house of a neighbour be- 
fore any cautio had been given, the sufferer had no 
right of action, if the person whose house had tum- 
bled down was content to relinquish all right to 
what had fallen on his neighbour's premises. 1 

DAMOS'IA (da/uooia), the escort or suite of the 
Spartan kings in time of war. It consisted of his 
tent comrades (ovcwrivoi), to whom the polemarchs, 
Pythians, and three of the equals (o[iolol) also be- 
longed ; a of the prophets, surgeons, flute-players, 
volunteers in the army, 3 Olympian conquerors,* 
public servants, &c. The two ephors who attend- 
ed the king on military expeditions also formed part 
of the damosia. 5 

DANAKE (davatcn), the name of a foreign coin, 
according to Hesychius 6 worth a little more than 
an obolos. According to some writers it was a 
Persian coin. 7 This name was also given to the 
obolos which was placed in the mouth of the dead 
to pay the ferryman in Hades. 8 At the opening of 
a grave at Same in Cephallenia, a coin was found 
between the teeth of the corpse. 9 

DANEPON. (Vid. Interest op Money.) 

♦DAPHNE (ddfvn), the Laurus of the Romans, 
and our Bay-tree ; not the Laurel, as it is frequent- 
ly rendered. " Translators, " observes Martyn, 
" frequently confound the Laurel and the Bay, as if 
they were the same tree, and what the Romans 
called Laurus. Our Laurel was hardly known in 
Europe till the latter end of the sixteenth century, 
about which time it appears to have been brought 
from Trebizond to Constantinople, and thence into 
most parts of Europe. The Laurel has no fine 
smell, which is a property ascribed to the Laurus 
by Virgil. Nor is the Laurel remarkable for crack- 
ling in the fire, of which there is abundant mention 
with regard to the Laurus. These characters agree 
very well with the Bay-tree, which seems to be 
most certainly the Laurus of the ancients, and is at 
this time frequent in the woods and hedges of 
Italy. The first discoverers of the Laurus gave if 
the name of Laurocerasus, because it has a leaf 
something like a bay and a fruit like a cherry." 1 ' 



I. (Dig. 39, tit. 2.)— 2. (Xen., Rep. Lac, xiii., 1.)— 3. (Xen., 
Rep. Lac, xiii., 7.)— 4. (Plut., Lye, 22.)— 5. (Miiller, Dorians, 
lit., 12, b 5.)— 0. (s. v.)— 7. (Pollux, Onom., ix., 82, and Hem- 
stern, ad loc.)— 8. (Hesych., s. v.— Lucian, De Luctu, c. 10.)— 
9. (Stackelberg, Die Gneber der Ilellenen*. p. 42.— Becker, 
Charikles, i : .., p. 170.)— 10. (Martyn ad Virg., Georg.,i., 306.) 

337 



DAPHNEPHORIA. 



DARICUS. 



In snort, as Adams remarks, the SaQvij is the Lau- 
rus nobilis, L. The durnvrj 'A?ie^dv6peia of Dios- 
corides is unquestionably, according to the same 
authority, the Butcher's Broom, or Alexandrean 
Laurel, i. e., Ruscus Hypoglossum. 1 

DAPHNEPHORIA (Aa<j>v7i<popia), a festival cel- 
ebrated every ninth year at Thebes in honour of 
Apollo, surnamed Ismenins or Galaxius. Its name 
was derived from the branches of bay (d&Qvai) which 
were carried by those who took part in its celebra- 
tion. A full account of the festival is given by 
Proclus. 2 At one time all the iEolians of Arne 
and the adjacent districts, at the command of an 
oracle, laid siege to Thebes, which was at the same 
time attacked by the Pelasgians, and ravaged the 
neighbouring country. But when the day came 
on which both parties had to celebrate a festival 
of Apollo, a truce was concluded, and on the day 
of the festival they went with bay-boughs to the 
temple of the god. But Polematas, the general of 
the Boeotians, had a vision, in which he saw a 
young man who presented to him a complete suit 
of armour, and who made him vow to institute a 
festival, to be celebrated every ninth year, in hon- 
our of Apollo, at which the Thebans, with bay- 
boughs in their hands, were to go to his temple. 
When, on the third day after this vision, both par- 
ties again were engaged in close combat, Polema- 
tas gained the victory. He now fulfilled his prom- 
ise, and walked himself to the temple of Apollo in 
the manner prescribed by the being he had seen in 
his vision. And ever since that time, continues 
Proclus, this custom has been strictly observed. 
Respecting the mode of celebration, he adds : At 
the daphnephoria they adorn a piece of olive-wood 
with garlands of bay and various flowers : on the 
op of it a brazen globe is placed, from which small- 
er ones are suspended ; purple garlands, smaller 
than those at the top, are attached to the middle 
part of the wood, and the lowest part is covered 
with a crocus-coloured envelope. By the globe on 
the top they indicate the sun, which is identical 
with Apollo ; the globe immediately below the first 
represents the moon ; and the smaller suspending 
globes are symbols of the stars. The number of 
garlands being 365, indicates the course of the year. 
At the head of the procession walked a youth, 
whose father and mother must be living. This 
youth was, according to Pausanias, 3 chosen priest 
of Apollo every year, and called Sacpv^-popor • he 
was always of a handsome figure and strong, and 
taken from the most distinguished families of 
Thebes. Immediately before this youthful priest 
walked his nearest kinsman, who bore the adorned 
piece of olive-wood, which was called kuttu. The 
priest followed, bearing in his hand a bay-branch, 
with dishevelled and floating hair, wearing a golden 
crown on his head, a magnificent robe which reach- 
ed down to his feet (jcodripTjq), and a kind of shoes, 
called 'tytKpuTidec, from the general, Iphicrates, 
who had first introduced them. Behind the priest 
there followed a choir of maidens, with boughs in 
their hands and singing hymns. In this manner 
the procession went to the Temple of Apollo Isme- 
nius or Galaxius. It would seem from Pausanias 
that all the boys of the town wore laurel garlands 
on this occasion, and that it was customary for the 
sons of wealthy parents to dedicate to the god bra- 
zen tripods, a considerable number of which w T ere 
seen in the temple by Pausanias himself. Among 
them was one which was said to have been dedica- 
ted by Amphitryon, at the time when Heracles was 
daphnephorus. This last circumstance shows that 



1. (Dioscor., i., J06. — Galen, De Simpl., vi. — Bauhin's Pinax, 
fi03. — Adams, Append, s. v.)— 2 (Chrestomath., p. 11.)— 3. 
<xx., 10, $ 4.) 

338 



the daphnephoria, whatever changes may have been 
subsequently introduced, was a very ancient festival. 

There was a great similarity between this festi- 
val and a solemn rite observed by the Delphians, 
who sent every ninth year a sacred boy to Tempe. 
This boy went on the sacred road, 1 and returned 
home as bay-bearer (ScupvTjQopos) amid the joyful 
songs of choruses of maidens. This solemnity was 
observed in commemoration of the purification of 
Apollo at the altar in Tempe, whither he had fled 
after killing the Python, and was held in the montb 
of Thargelion (probably on the seventh day). It is 
a very probable conjecture of Miiller, 2 that the Boeo- 
tian daphnephoria took place in the same month 
and on the same day on which the Delphian boy 
broke the purifying bay-boughs in Tempe. 

The Athenians seem likewise to have celebrated 
a festival of the same nature, but the only mention 
we have of it is in Proclus, 3 who says that the 
Athenians honoured the seventh day as sacred to 
Apollo ; that they carried bay-boughs, and adorned 
the basket (kuveov, see Canephoros) with garlands, 
and sang hymns to the god. Respecting the astro- 
nomical character of the daphnephoria, see Miiller, 
Orchom., p. 220 ; and Creuzer, Symbol, und Mythol.> 
ii., p. 160. 

*DAPHNOI'DES(<M>i;o5ic5eV) according to Spren 
gel, the Daphne Alpina ; and the x a l ial ^ < j >vr i °f. Di 
oscorides, the Ruscus Racemosus* 

DARE ACTIO'NEM. (Vid. Actio, p. 18.) 

DARI'CUS (dapeinog), a gold coin of Persia, 
stamped on one side with the figure of an archer 
crowned and kneeling upon one knee, and on the 
other with a sort of quadrata incusa or deep cleft. 
The origin of this coin is doubtful. We know from 
Herodotus 5 that Darius reformed the Persian cur- 
rency, and stamped gold of the purest standard ; 
whence it has been supposed that the daricus was 
so called from him. Harpocration, however, says 4 
that the name w T as older than this Darius, and 
taken from an earlier king. Gesenius 7 supposes 
the name to be derived from an ancient Persian 
word signifying king, or royal palace, or the bow 
of the king, in allusion to the figure stamped upon 
it. 

This coin had a very extensive circulation, not 
only in the Persian empire, but also in Greece. 
The pay given by Cyrus to the soldiers of Clearchus 
was a daricus a month ; 8 and the same pay was of- 
fered to the same troops by Thimbrion, a Lacedae- 
monian general. 9 In the later books of the Old Tes- 
tament, the daricus is supposed to be mentioned 

under the names of adarkon (p'3*V1$0 and darke- 

mon (p'D^-n). 10 

Harpocration says that, according to some pei- 
sons, the daricus was worth twenty silver drachmae ; 
which agrees with the statement of Xenophon, 11 who 
informs us that 3000 darics were equal to ten tal- 
ents, which would consequently make the daricus 
equal to twenty drachmae. The value of the dari- 
cus in our money, computed from the drachma, ia 
I65. 3d. ; but if reckoned by comparison with out 
gold money, it is worth much more. The darics in 
the British Museum weigh 1284 grains and 1286 
grains respectively. Hussey 13 calculates the dari- 
cus as containing on an average about 123-7 grains 

123'7 
of pure gold, and therefore equal in value to ■ 

of a sovereign, or about 11. Is. IQd. 1-76 farthings. 
Very few darics have come down to us ; theii 

1. (Plut., Qusest. Gr., 12.)— 2. (Dor., ii., 8, $4.)— 3. Zap. Pho- 
tiura, p. 987.) — 4. (Adams, Append., s. v.) — 5. (iv., 166.) — 6 
( S , v.)— 7. (Hebr. Lexicon.)— 8. (Xen., Anab., i., 3, t> 21.)— 9. 
(Ibid., vii., 6, t) 1.)— 10.' {Vid. 1 Chron.,xxix, 7.— E7ra, viii ,27 , 
ii., 69.— Nehem., vii., 70, 72.)— 11. (Anab., i., 7, 9 18., -I« 
(Ancient Weights, &c, vii., 3.) 



DECASMOS 



DECEMVIRI 



scarcity may be accounted for by the fact that, after 
the conquest of Persia, they were melted down 
and recoined under the type of Alexander. 

There are also silver coins which go by the name 
of darics, on account of their bearing the figure of 
an archer ; but they were never called by this name 
in ancient times. Aryandes, who was appointed 
governor of Egypt by Cambyses, is supposed to 
have been the first who struck these silver coins, in 
imitation of the gold coinage of Darius Hystaspis. 1 





IOLD DARIC. BRITISH MUSEUM. ACTUAL SIZE. 




SILVER DARIC. BRITISH MUSEUM. ACTUAL SIZE. 

*DASCILLUS (duGKiXkos), the name of a fish 
mentioned by Aristotle. Rondelet and Gesner con- 
fess their inability to determine what kind of fish it 
was. 8 

*DA / SYPUS (daavirovg), a term sometimes ap- 
plied to the common Hare, or he-pus timidus, but 
more particularly to the Lcpus cuniculus, the Coney 
or Rabbit. " The SapJwn of the Bible," observes 
Adams, " has been generally taken for the Coney, 
but Biblical commentators seem now agreed that 
it was rather the Ashkoko, an animal first described 
accurately by the traveller Bruce." 3 

•DAUCUS (davfcoc), a plant, three species of 
which are described by Dioscorides. The first of 
these is, according to Sprengel, the Athamanta Cre- 
tcnsis ; the 2d, the Athamanta cervana ; and the 3d, 
the Seseli ammoidcs. Dierbach agrees with Spren- 
gel. Stephens makes the first species to be the 
" wild Carrot." Galen states that it is the same as 
the orafyvTdvog. Stackhouse suggests that the dav- 
kov da<j)vo£idis of Theophrastus may be the Thapsia* 

DE'BITOR. (Vid. Nexus.) 

DECADOUCHOI (detcadovx 01 ), the members of 
a council of Ten, who succeeded the Thirty in the 
supreme power at Athens. B.C. 403. 5 They were 
chosen from the ten tribes, one from each -, 6 but, 
though opposed to the Thirty, sent ambassadors to 
Sparta to ask for assistance against Thrasybulus 
and the exiles. They remained masters of Athens 
till the party of Thrasybulus obtained possession of 
the city, and the democracy was restored. 7 

DECAR'CHIA (de/tapjt'a) or DECADAR'CHIA 
\deKadapxia), was a supreme council established in 
many of the Grecian cities by the Lacedaemonians, 
who intrusted to it the whole government of the 
state under the direction of a Spartan harmost. It 
always consisted of the leading members of the ar- 
istocratical party. 8 This form of government ap- 
pears to have been first established by Lysander at 
Ephesus. 9 

DECASMOS (deKaufiog), Bribery. There were 

1. (Herod., iv., 166.)— 2. (Aristotle, H. A.,vih.,4.)— 3. (Aris- 
t<>t., II. A., i., 6 ; v., 8. — Harris, Nat. Hist. Bibl., p. 91.)— 4. 
'Dioscor., iii., 76. — Nicand., Ther., 94. — Adams, Append., s. v.) 
-5. (Harpocrat., s. v.)— 6. (Xen., Hell.,ii., 4, $ 23.)— 7. (Com- 
pare Lysias, c. Eratosth., p. 420.— Wachsmut.h, i., 2, p. 266.) — 
3. (Harpocrat., s. v. A£Ka&zpx< a - — Schneider ad Aristot., Pol., 
i. t 146, 147 )— 9. (Plut., Lys., 5.— Wachsmuth. ii.. 2, p. 245.) 



two actions for bribery at Athens : one, called de 
nao/iov ypa<pij, lay against the person who gave the 
bribe ; and the other, called dupov or duoodoKtas 
ypa<pT/, against the person who received it. 1 1 hese 
actions applied to the bribery of citizens in the put 
lie assemblies of the people (cvvdeKa&iv itjv ekkXtj- 
aiav 2 ), of the Heliaea or any of the courts of justice, 
of the (3ovXr/, and of the public advocates (cvvriyo 
pot 3 ). Demosthenes,* indeed, says that orators 
were forbidden by the law not merely to abstain 
from receiving gifts for the injury of the state, but 
even to receive any present at all. 

According to Aristotle, 5 Anytus was the first per- 
son at Athens who bribed the judges ; and we learn 
from Plutarch 6 that he did so, when he was charged 
with having been guilty of treachery at Pylos, at the 
end of the Peloponnesian war. Other writers say 
that Melitus was the first person who bribed the 
judges. 7 

Actions for bribery were under the jurisdiction of 
the thesmothetae. 8 The punishment on conviction 
of the defendant was death, or payment of ten times 
the value of the gift received, to which the court 
might add an additional punishment (7rpoGTi/j.r]fia). 
Thus Demosthenes was sentenced to a fine of 50 
talents by an action for bribery, and also thrown 
into prison. 9 

DECATE (deicdry). {Vid. Decum^:.) 
DECATE'LOGOI (UaaTTjMyot). (Vid. Decum^e). 
DECATEUTAI (deKarevTai). (Vid. Decum^e.) 
DECATEUTE'RION (deKarevrypiov). (Vid. De- 

CUM^E.) 

DECATO'NAI (deKaruvai). (Vid. Decum^e.) 
DECEMBER. (Vid. Calendar, Roman.) 
DECE'MPEDA, a pole ten feet long, used by the 
agrimensores (vid. Agrimensores) in measuring 
land. 10 Thus we find that the agrimensores were 
sometimes called decempedalores (L. Antonius, qui 
fuerat aquissimus agri privati ct publici decempeda' 
tor 11 ). 

DECE'MVIRI, the name of various magistrates 
and functionaries at Rome. 

I. Decemviri Legibus Scribendis were ten per- 
sons who were appointed to draw up a code of laws, 
and to whom the whole government of the state 
was intrusted. As early as B.C. 460, a law was 
proposed by Caius Terentilius Harsa, that commis 
sioners should be appointed for drawing up a body 
of laws ; but this was violently opposed by the pa- 
tricians ; 13 and it was not till after a struggle of nine 
years that the patricians consented to send three 
persons to Greece, to collect such information re- 
specting the laws and constitutions of the Greek 
states as might be useful to the Romans. 13 They 
were absent a year ; and on their return, after con- 
siderable dispute between the patricians and plebe- 
ians, ten commissioners of the patrician order were 
appointed, with the title of " decemviri legibus scri 
bendis," to whom the revision of the laws was com- 
mitted. All the other magistracies were suspend- 
ed, and they were intrusted with supreme power 
in the state. 14 Niebuhr, however, supposes that the 
tribuneship was not given up till the second decem- 
virate; but Dionysius expressly says that it was 
superseded in the first. 

The decemviri entered upon their office at the 
beginning of the year 449 B.C. They consisted of 
Appius Claudius and Titus Genucius, the new con 



1. (Pollux, viii., 42.) —2. (^Esch., c. Timarch., c. 16, p. 12 ) 
— 3. (Demosth., c. Stsph., ii., p. 1137, 1.) — 4. (De Falsa Leg., 
p. 343.) — 5. (apud Harpocrat., s. v. Aeicdsuv.) — 6. (Coriol., c. 
14.)— 7. (Petit, Leg. Att., p. 427, and Duker's no;e.) — 8. (De- 
mosth., c. Steph., 1. c.) — 9. (Bockh, Publ. Econ. of Athens, ii 
p. 116, transl.— Meier, Att. Proc, p. 352.)— 10. (Cic, Pro Mil. 
c. 27. — Hor., Carm., II., xv., 14. — Cic, Philipp., xiv., 4.) — 11 
(Cic, Philipp., xiii., 18.)— 12. (Liv., iii., 9.,~-13. (Liv., i ; i.. 31 
— 14. (Dionys., x., 56.) 

339 



DECEMVIRI. 



DECU&LE. 



Bills, of the wardf n of the city, and of the two quaes- 
torf,s parricidii, as Niebuhr conjectures, and of five 
otLers chosen by the centuries. They discharged 
the duties of their office with diligence, and dispen- 
aed justice with impartiality. Each administered 
the government day by day in succession, as during 
an interregnum ; and the fasces were only carried 
before the one who presided for the day. 1 They drew 
up a body of laws, distributed into ten sections, 
which, after being approved of by the senate and 
the comitia, were engraven on tables of metal, and 
set up in the comitium. 

On the expiration of their year of office, all par- 
ties were so well satisfied with the manner in which 
they had discharged their duties, that it was resolv- 
ed to continue the same form of government for an- 
other year ; more especially as some of the decem- 
virs said that their work was not finished. Ten 
new decemvirs were accordingly elected, of whom 
Appius Claudius alone had belonged to the former 
body ; a and of his nine new colleagues Niebuhr 
thinks that five were plebeians. These magistrates 
framed several new laws, which were approved of 
by the centuries, and engraven on two additional 
tables. . They acted, however, in a most tyrannical 
manner. Each was attended by twelve lictors, 
who carried, not the rods only, but the axe, the 
emblem of sovereignty. They made common cause 
with the patrician party, and committed all kinds 
of outrages upon the persons and property of the 
plebeians and their families. When their year of 
office expired, they refused to resign or to appoint 
successors. Niebuhr, however, considers it certain 
that they were appointed for a longer period than a 
year, since otherwise they would not have been 
Tequired to resign their office, but interreges would 
at the expiration of the year have stepped into their 
place. This, however, does not seem conclusive, 
since the decemvirs were at the time in possession 
of the whole power of the state, and would have 
prevented any attempt of the kind. At length the 
unjust decision of Appius Claudius in the case of 
Virginia, which led her father to kill her with his 
own hands to save her from prostitution, occasion- 
ed an insurrection of the people. The decemvirs 
were in consequence obliged to resign their office, 
B.C. 447, after which the usual magistracies were 
re-established. 3 

The ten tables of the former, and the two tables 
of the latter decemvirs, together form the laws of 
the Twelve Tables, of which an account is given in 
a separate article. (Vid. Twelve Tables.) 

II. Decemviri Litibus Jtjdicandis. (Vid Prae- 
tor.) 

III. Decemviri Sacris Faciundis, sometimes 
called simply Decemviri Sacrorum, were the mem- 
bers of an ecclesiastical collegium, and were elected 
for life. Their chief duty was to take care of the 
Sibylline books, and to inspect them on all impor- 
tant occasions by command of the senate.* Virgil 5 
alludes to them in his address to the Sibyl: "Lectos 
sacrabo viros." 

Under the kings the care of the Sibylline books 
was committed to two men (duumviri) of high rank, 6 
one of whom, called Atilius or Tullius, was punish- 
ed by Tarquinius for being unfaithful to his trust, 
by being sewed up in a sack and cast into the sea. 7 
On the expulsion of the kings, the care of these 
books was intrusted to the noblest of the patricians, 
who were exempted from all military and civil du- 
ties. Their number was increased about the year 
365 B.C. to ten, of whom five were chosen from 

1. (Liv., iii., 33.) — 2. (Liv., iii., 35. — Dionys., x., 53.)— 3. 

(Niebuhr, Hist. Rome, vol. ii., p. 309-356, transl. — Arnold, Hist. 

of Rome, vol. i., p. 250-313.) — 4. (Liv., vii.,27; xxi., 62; xxxi., 

12.)— 5. (JEn., vi., 73.)— 6. (Dionys., iv., 62.)— 7. (Dionys., I.e. 

-Val. Max., i., 1, $ 13.) 

340 



the patrici&js and five from the plebeians. 1 Subse- 
quently their number was still farther increased to 
fifteen (guindecemviri), but at what time is uncer- 
tain. As, however, there were decemviri in B.C. 
82, when the Capitol was burned, 2 and we read of 
decemviri in the time of Cicero, 3 it appears proba- 
ble that their number was increased from ten to 
fifteen by Sulla, especially as we know that he in- 
creased the numbers of several of the other ecclesi- 
astical corporations. Julius Ceesar added one more 
to their number ;* but this precedent was not fol- 
lowed, as the collegium always appears to have 
consisted afterward of only fifteen. 

It was also the duty of the decemviri and quin- 
queviri to celebrate the games of Apollo 5 and the 
secular games. 6 They were, in fact, considered 
priests of Apollo, whence each of them had in his 
house a bronze tripod dedicated to that deity. 7 

DECLMA'TIO was the selection, by lot, of every 
tenth man for punishment, when any number of 
soldiers in the Roman army had been guilty of any 
crime. The remainder usually had barley allowed 
to them instead of wheat. 8 This punishment does 
not appear to have been often inflicted in the early 
times of the Republic, but is frequently mentioned 
in the civil wars and under the Empire. It is said 
to have been revived by Crassus, after being die- 
continued for a long time (YlaTpLov tl tovto 6cu tto/.- 
2,C)v XP° VCJV KoXaajua rolg arpa-turaig errayayuv*). 
For instances of this punishment, see Liv., ii., 59. 
— Suet., Aug., 24; Galba, 12.— Tacit., Hist., i., 37.— 
Dio, xli., 35 ; xlix., 27, 38. 

Sometimes only the twentieth man was punished 
{vicesimatio\ or the hundredth (centesimatio 10 )- 

DECRE'TUM seems to mean that which is de- 
termined in a particular case after examination oi 
consideration. It is sometimes applied to a deter- 
mination of the consuls, and sometimes to a deter- 
mination of the senate. A decretum of the senate 
would seem to differ from a senatus consultum in 
the way above indicated : it was limited to the spe- 
cial occasion and circumstances, and this would be 
true wliether the decretum was of a judicial or a 
legislative character. But this distinction in the 
use of the two words, as applied to an act of the 
senate, was, perhaps, not always observed. Cice- 
ro 11 opposes edictum to decretum, between which 
there is in this passage apparently the same analo- 
gy as between a consultum and decretum of the 
senate. A decretum, as one of the parts or kinds 
of constitutio, was a judicial decision in a case be- 
fore the sovereign. (Vid. Constitutio.) Gaius, 1 
when he is speaking of interdicta, says that they 
are properly called decreta, " cum (prsetor aut pro- 
consul) fieri aliquid jubet," and interdicta when he 
forbids. A judex is said " condemnare," not " de- 
cernere," a word which in judicial proceedings is 
appropriate to a magistratus who has jurisdictio. 

DE'CUIVLE (sc. partes) formed a portion of the 
vectigalia of the Romans, and were paid by subjects 
whose territory, either by conquest or deditio, had 
become the property of the state (ager puhlicus). 
They consisted, as the name denotes, of a tithe or 
tenth of the produce of the soil, levied upon the 
cultivators (aratores) or occupiers (posscssores) of 
the lands, which, from being subject to this pay- 
ment, were called agri decuman i. The tax of a 
tenth was, however, generally paid by corn lands 
plantations and vineyards, as requiring no seed and 
less labour, paid a fifth of the produce. 13 
We also find the expression "decumates agri" 



1. (Liv., vi., 37-42.)— 2. (Dionys., 1. c.)— 3. (ad Fam., viii., 4.) 
—4. (Dion Cass., xliii., 51.)— 5. (Liv., x., 8.)— 6. (Tac., Ann., 
xi., li. — Hor., Carm. Sa;c., 70.) — 7. (Servius ad Vhg., JEn., iii., 
332.)— 8. (Polyb., vi., 38.— Cic., Pro Cluent., 46.)— 9. (Plut , 
Crass., 10.)— 10. (Capitol., Macrin., 12.)— 11. (ad Fam.. xiii. 
56.)— 12. (iv., 140.)- -13. (Appian, Bel!. Civ., i.,7.) 



DECUALE. 



DEICELISTAT. 



applied to districts in Germany which were occu- 
pied by Roman soldiers or auxiliaries, after the ex- 
pulsion of the old proprietors, subject to the pay- 
ment of a tenth part of the produce. It is probable 
that there were many such ; and if so, it is useless 
to inquire where the lands so called were situated. 1 
Tacitus merely says of them that they lay beyond 
the Rhine and the Danube. The name of decuma- 
ni was also applied to the farmers of these tributes, 
who purchased them from the state, and then col- 
IbO! fidthem on their own account. (Vid. Pubmcani.) 

The system of exacting a tenth of the produce 
from the occupiers of land which had become the 
property of the state, seems to have been of great 
antiquity : thus a tradition is preserved of the Ro- 
mans themselves having at one time paid a tenth 
to the Etruscans, a story which Niebuhr 8 refers to 
the surrender (dcdit.to) of the city to Porsenna. 3 
The practice is best illustrated by the case of Sicily. 
It appears from Cicero* that the Romans, on redu- 
cing this island to a province, allowed to the old in- 
habitants the continuance of their ancient rights (ut 
r.odcm jure csscnt, quo fuisscnt), and that, with some 
few exceptions, the territory of all the states (omnis 
ager Sicilies cuitatwm) was subjected, as formerly, 
to the payment of a tithe on corn, wine, oil, and the 
"fruges minutes," it was farther determined that 
the place and time of paying these tithes to the de- 
cumani should " be and continue" as settled by the 
law of King Hiero (lex Hieronica), which enacted 
severe penalties against any arator who did not pay 
his due, as well as against the decumani who ex- 
acted more than their tenth. It is interesting to re- 
mark, that the coloni, who afterward occupied the 
lands of the Romish Church in Sicily, and were 
farmed out along with the smaller plots of land to 
the " conductores" or lessees of the Church, paid 
for rent a fixed portion of the produce, which was 
sometimes delivered in kind, sometimes bought off 
with money. A letter of Gregory VII. shows that 
these coloni suffered the same sort of grievances 
as the aratores under the prastor Verres. 6 Exac- 
tions of this kind were not, however, peculiar to the 
foreign provinces of Rome : they were also levied 
on public lands in Italy : as, for instance, on the 
" ager Campanus," which we read of as being vec- 
tigalis, before it was apportioned to a number of 
Roman citizens by a lex agraria of Julius Ca;sar. 6 
(Vid. Agk art je Leges.) 

A similar system existed in Greece also ; the 
tenths being paid as a usufruct on property which 
was not freehold, though the right of occupation 
might be acquired by inheritance or purchase : thus 
a tyrannus demanded tithes from his subjects in his 
right as proprietor of the lands they occupied ; Pei- 
sistratus, for instance, imposed a tax of a tenth on 
the lands of the Athenians, which the Peisistratidae 
lowered to a twentieth. 7 We use the word " usu- 
fruct," in the previous sentence, in its common ac- 
ceptation ; but the " usus fructus" of Roman law 
seems to be the same as "usus et fructus." The 
profit which the state derived from the, land was 
termed " fructus," and the occupation for which it 
was paid, "usus." 8 The same principle was also 
applied to religious purposes : thus Xenophon sub- 
ected the occupiers (rove lx ovrac Kat Kap7rovfj,evovc) 
of the land he purchased near Scillus to a payment 
of tithes in support of a temple of Artemis, the god- 
dess to whom the purchase-money was dedicated ; 
the Delian Apollo also received tenths from the 
Cyclades. 9 That many such charges originated in 

1. (Tacit., Ger., 29.— Ann., xiii., 54, ed. Walther.)— 2. (Hist. 
Rom., i., 546, transl.)— 3. (Tacit., Hist., iii., 72.) — 4. (c. Verr., 
act. ii., lib. iii.)— 6. (Savignv, Philol. Mus., ii., 129.)— 6. (Suet., 
Cjs., 20.)— 7. (Thucyd., vi.. 54.)— 8. (Nieb., Rom. Hist.)— 9. 
(Xen., Auab., v , 3, I) 11 — Callira., Hymn. Del.. 272, ed. Span- 
htlm.) 



conquest, or something similar, may be ir»ierr%wi 
from the statement of Herodotus, 1 that at the time 
of the Persian war the confederate Greeks made a 
vow, by which all the states who had surrendered 
themselves to the enemy were subjected to the 
payment of tithes for the use of the god at Delphi. 

The tenth (to hmdeitaTov) of confiscated property 
was also sometimes applied to similar objects. 3 The 
tithes of the public lands belonging to Athens were 
farmed out, as at Rome, to contractors, called 6eKa- 
ruvat : the term deKarrjloyot was applied to the col- 
lectors ; but the callings were, as we might suppose, 
often united in the same person. The title deKarev- 
rat is applied to both. A denary, or tenth of a dif- 
ferent kind, was the arbitrary exaction imposed by 
the Athenians (B.C. 410) on the cargoes of all ships 
sailing into or out of the Pontus. They lost it by 
the battle of iEgospotami (B.C. 4Q5), but it was 
re-established by Thrasybulus about B.C. 391. 

This tithe was also let out to farm. 3 The tithe- 
house for the receipt of this duty was called cte/ca- 
revTTJpiov : to sail by necessity to it, napayuytdfrtv.* 
DECUMA'NI. (Vid. Decumje.) 
DECUMA'NI AGRI. (Vid. Decum^e.) 
DECUMA'TES AGRI. ( Vid. Decum.e.) 
DECU'RIA. (Vid. Army, Roman, p. 104.) 
DECURIO'NES. (Vid. Army, Roman, p. 104 v 
DECURIO'NES. (Vid. Colonia, p. 282.) 
DECUSSIS. (Vid. As, p. 111.) 
DEDPTIO. (Vid. Dediticu.) 
DEDITPCII are one of the three classes of Ufc 
ertini. The lex ^Elia Sentia provided that, if a 
slave was put in bonds by his master as a punish- 
ment, or branded, or put to the torture for an of*- 
fence and convicted, or delivered up to fight with 
wild beasts, or sent into a ludus (gladiatorius), ot 
put in confinement (custodia), and then manumitted 
either by his then owner or by another owner, he 
merely acquired the status of a peregrinus deditici- 
us, and had not even the privileges of a Latinus. 
The peregrini dediticii were those who, in former 
times, had taken up arrm; against the Roman peo- 
ple, and, being conquered, had surrendered them- 
selves. They were, in fact, a people who were ab- 
solutely subdued, and yielded conditionally to the 
conquerors, and, of course, had no other relation to 
Rome than that of subjects. The form of deditio 
occurs in Livy. 5 

The dediticii existed as a class of persons who 
were neither slaves, nor cives, nor Latini, at least 
as late as the time of Uipian. Their civil condition, 
as is stated above, was formed by analogy to the 
condition of a conquered people, who did not indi- 
vidually lose their freedom, but as a community lost 
all political existence. In the case of the Volsci, 
Livy inclines to the opinion that the four thousand 
who were sold were slaves, and not dediti. 6 
DEDUCTO'RES. (Vid. Ambitus, p. 46). 
DEICELISTAI (detKTjTuorai or diKe'Aiorai : La- 
cedaemonian, deLKe?aKTai, from 6eUe7ioc, imitating), 
a name which was, indeed, sometimes applied by 
the Spartans to any class of actors on the stage ; 7 
but it properly belonged to a class of buffoons or 
improvisatore, who, in the language of the common 
people, and in a very artless manner, imitated some 
comic event. This kind of amusement, according 
to Sosibius, 8 was very old at Sparta, and consisted 
in imitating some foreign physician, or persons 
(probably boys) who stole fruit in the autumn, or tha 
remains of meals, and were caught with their goods.' 
The play itself is called by Pollux a mimic dance ; 

1. (vii., 132.)— 2. (Xen., Heil., i., 7, I) 11.)— 3. (Demosth., c 
Leptin., 475, ed. Bekker.— Xen., Hellen., iv., 8, <) 27, 31.)— 4 
(Bockh, vol. ii., p. 41, transl.)— 5. (i., 37.)— 6. (Gams, i., 13, 
&c— Ulp., Frajr., tit. 1, s. 11.)— 7. (Plut., Agesil., 21.— Lacon. 
Apophlh.. p. 185.)— 8. (ap. Athen., xiv., p. 621.)— 9. (Pollux, 
Or.om., iv., 14, 104. compared with Suidas, s. v. £wo-<&o$.) 

341 



DEIPNON. 



DEIPNON. 



but, from the words of Sosibius, we must conclude 
that the action represented was only alternating 
with comic dances, or accompanied by them. Athe- 
nseus 1 gives a list of names by which these mimic 
actors, who were extremely popular among the an- 
cients generally, were designated in various parts 
of Greece. It is highly probable that the repre- 
sentations of the SsLKe/uarai were peculiar to some 
religious festival, and it has been supposed that they 
were connected with the celebration of the Diony- 
sia at Sparta. 2 

DEIG.MA {delyiia), a particular place in the Pei- 
raeus, as well as in the harbours of other states, 
where merchants exposed samples of their goods 
for sale. 3 The samples themselves were called 
delyfiara.* 

DEJECTUM EFFUSUM. {Vid. Dejecti Effu- 
sive Actio.) 

DEJECTI EFFUSIVE ACTIO. This was ah 
action given by the praetors edict against a person 
who threw or poured out anything from a place or 
upper chamber (ccenaculum) upon a road which is 
frequented by passengers, or on a place where peo- 
ple use to stand. The action was against the oc- 
cupier, not the owner. If several persons inhabited 
a ccenaculum, and any injury was done to another 
by a thing being thrown or poured out of it, he had 
a right of action against any of them, if the doer 
was uncertain. The damages recoverable were to 
double the amount of the damage, except in the case 
of a liber, when they were fifty aurei if he was kill- 
ed ; if he was only injured in his person, they were 
" quantum ob earn rem sequum judici videbitur eum 
cum quo agatur condemnari," which included the 
expenses of a medical attendant, loss of time, &c, 
but not damage done to his apparel, &c. If injury 
was caused by a thing being thrown from a ship, 
there was an actio ; for the words of the edict are, 
" Unde in eum locum quo volgo iter fiat vel in quo 
consistatur, dejectum," &c. 

As many of the houses in Rome were lofty, and 
inhabited to the top by the poor, 5 and probably as 
there were very imperfect means for carrying off 
rubbish and other accumulations, it was necessary 
to provide against accidents which might happen by 
such things being thrown through the window. Ac- 
cording to Labeo's opinion, the edict only applied to 
the daytime, and not to the night, which, however, 
was the more dangerous time for a passer- bv. 6 

DEILE {deilri). (Vid. Dies.) 

AEIA1A2 TPA$H (dsi/uac ypa<bfj), the name of a 
suit instituted against soldiers who had been guilty 
)f cowardice. 7 The presidency of the court be- 
longed to the strategi, and the court was composed 
of soldiers who had served in the campaign. 8 The 
punishment, on conviction, appears to have been 
uTifiia. Compare A2TPATEIA2 TPA$H. 

DEIPNON (del-xvov). The present article is de- 
signed to give a sketch of Grecian meals, and cus- 
toms connected with them. The materials for such 
an account, during the classical period of Athens 
and Sparta, are almost confined to incidental allu- 
sions of Plato and the comic writers. Several an- 
cient authors, termed <5eim>6?.oyoi., are mentioned 
by Atheneeus ; but, unfortunately, their writings 
only survive in the fragments quoted by him. His 
great work, the Deipnosophists, is an inexhaustible 
treasury of this kind of knowledge, but ill arranged, 



1. (1. c.)— 2. (Vid. Muller, Dorians, iv., 6, t) 9.)— 3. (Harpo- 
crat., s. v. — Pollux, Onom., ix., 34. — Aristoph., Equit., 974. — De- 
mosth., c. Lacr., 932, 20. — Theophrast., Charact., 23.) — 4. (Plu- 
tarch, Demosth., 23. — Bftckh, Publ. Econ. of Athens, i., p. 81.) 
—5. (Cic, Agr., ii., c. 35.— Hor., Epist., I., i., 91.— Juv., Sat., 
x., 17.)— 6 (Di?. 9, tit. 3.— Juv., Sat., iii., 268, &c.)— 7. (JEsch., 
c. Ctes., 566.— Lysias, c. AHb., 520, 525.)— 8. (Lvsias, c. Alcib., 
521 ) ' 

342 



' and with little attempt to distinguhh the customs 
of different periods. 

The poems of Homer contain a real picture of 
early manners, in every way worthy of the antiqua- 
rian's attention. As they stand apart from all oth- 
er writings, it will be convenient to exhibit in one 
view the state of things which they describe. It is 
; not to be expected that the Homeric meals at all 
I agree with the customs of a later period ; indeed, it 
would be a mere waste of time to attempt adapting 
the one to the other. Athenseus, 1 who has entered 
fully into the subject, remarks on the singular sim- 
plicity of the Homeric banquets, in which kings and 
private men all partake of the same food. It was 
common even for royal personages to prepare their 
own meals ; 2 and Ulysses 3 declares himself no mean 
proficient in the culinary art : 

Uvp t" ev vnrjaai, dia de ijvAa dava Ktancai 
AaiTpsvaat re nal b-xrfiaai Kal oivoxorjoai. 
Three names of meals occur in the Iliad and Odys- 
sey : upiarov, delizvov, dopnov. This division of the 
meals is ascribed, in a fragment of ^Eschylus quo 
ted by Athenaeus, 4 to Palamedes, Kal ratjiupxac nal 
aTparapxac, Kal EKarovrapxac £~a^a- clrov 6' eidevat 
dtupiaa, upiara, dsl-va, 66pna ■&' alpelodai rpta. 
The word upiorov uniformly means the early («/x' 
7]oZ b ), as 66p~ov does the late meal; but Seltzvov, on 
the other hand, is used for either, 6 apparently with- 
out any reference to time. We should be careful, 
however, how we argue from the unsettled habits 
of a camp to the regular customs of ordinary life. 

From numerous passages in the Iliad and Odys- 
sey, it appears to have been usual to sit during meal- 
times. In the palace of Telemachus, before eating, 
a servant brings Minerva, who is habited as a stran- 
ger, the ^tpwi/;, or lustral water, " in a golden pitch- 
er, pouring it over a silver vessel." 7 Beef, mutton, 
and goat's flesh were the ordinary meats, usually 
eaten roasted ; yet from the lines 9 

'Qc de 7Mr)c fri ivdov, eTreiyofxevoc rrvpl ttoITuo 
Kviocrn /ncldofiEvoc a~aAo~p£<p£nc ciuAoio, 

we learn that boiled meats were held to be far from 
unsavoury. Cheese, flour, and occasionally fruits, 
also formed part of the Homeric meals. Bread, 
brought on in baskets, 9 and salt (a?.c, to which Ho- 
mer gives the epithet &eioc), are mentioned : from 
Od , xvii., 455, the latter appears, even at this early 
period, to have been a sign of hospitality ; in Od., 
xi., 122, it is the mark of a strange people not to 
know its use. 

Each guest appears to have had his own table, 
and he who was first in rank presided over the rest. 
Menelaus, at the marriage feast of Hermione, begins 
the banquet by taking in his hands the side of a 
roasted ox, and placing it before his friends. 10 At 
the same entertainment music and dancing are in- 
troduced : "The divine minstiel hymned to the 
sound of the lyre, and two tumblers (kvBicttittjpe) 
began the festive strain, wheeling round in the 
midst." It was not beneath the notions of those 
early days to stimulate the heroes to battle," 

"E<5p7? re, npeaoiv re, ids tzAelolc. 5£ttu£oolv : 

and Ajax, on his return from the contest with Hec- 
tor, is presented by Agamemnon with the vura dtif- 

VEKEa. 

The names of several articles of the festive board 
occur in the Iliad and Odyssey. Knives, spits, cups 
of various shapes and sizes, bottles made of goat- 
skin, casks, &c, are all mentioned. Many sorts oi 
wine were in use among the heroes ; some of Nes- 
tor's is remarked on as being eleven years old. The 



1. (i., p. 8.)— 2. (II., ix., 206-218.— Compare Gen., xxvii., 31.) 
—3. (Od., xv., 322.)— 4. (i., p. 11.)— 5. (Od., xvi., 2.)— 6. (II.. 
ii., 381.— Od., xvii., 170.)— 7. (Od., i., 136.)— 8. (II., xxi., 363 ) 
—9. (II , ix., 217.)— 10. (Od., iv., 65.)— 11. (II., xH , 311.) 



DEIPNON. 



DEIPJNON. 



Maronean. wine, so called from Maron, a hero, was 
especially celebrated, and w r ould bear mingling with 
twenty times its own quantity of water. It may be 
observed that wine was seldom, a ever, drunk pure. 
When Nestor and Machaon sit down together, " a 
woman," like unto a goddess, sets before them a 
polished table, with a brazen tray, tni de tcpopvov 
Trory oipov. Then she mingles a cup of Pramnian 
wine in Nestor's own goblet, and cuts the cheese 
of goat's mdk with a steel knife, scattering white 
flour over it. The guests drank to one another : 
thus the gods 1 deidexar' dMrjXovg, and Ulysses 
pledged Achilles, saying, x al P'i 'A^AeO. 2 Wine 
was drawn from a larger vessel (vid. Crater) into 
the cups from which it was drunk, and before drink- 
ing, libations were made to the gods by pouring some 
of the contents on the ground. 3 

The interesting scene between Ulysses and the 
swineherd 4 gives a parallel view of early manners 
in a lower grade of life. After a welcome has been 
given to the stranger, " The swineherd cleaves the 
wood, and they place- the swine of five years old on 
the hearth. In the goodness of his heart, Eumaeus 
forgets not the immortal gods, and dedicates the 
firstling lock with a prayer for Ulysses's return. 
He next smites the animal with a piece of cleft 
oak, and the attendants singe off the hair. He then 
cuts the raw meat all round from the limbs, and 
laying it in. the rich fat, and sprinkling flour upon 
it, throws it on the fire as an offering (d-rrapxv) to 
the gods ; the rest the attendants cut up and pierce 
with spits, and, having cooked it with cunning skill, 
draw off all, and lay the mess on the tables. Then 
the swineherd stands up to divide the portions, sev- 
en portions in all, five for himself and the guests, 
end one apiece to Mercury and the nymphs." 

There is nothing more worthy of remark in the 
Homeric manners than the hospitality shown to 
strangers. Before it is known who they are, or 
whence they come, it is the custom of the times to 
give them a welcome reception. 5 When Nestor 
and his sons saw the strangers, " They all came in 
a crowd, and saluted them with the hand, and made 
them sit down at the feast on the soft fleeces by the 
seashore." 

The Greeks of a later age usually partook of three 
meals, called uKpurtaua, upio~ov, and dclizvov. The 
last, which corresponds to the dopxov of the Ho- 
meric poems, was the evening meal or dinner ; 
the upioTov was the luncheon ; and the uKpaTiapa, 
which answers to the upicrov of Homer, was the 
early meal or breakfast. 

The aKpuTiofia was taken immediately after rising 
in the morning (ef evvrjc, eudev 6 ). It usually con- 
sisted of bread dipped in unmixed wine (uKparog), 
whence it derived its name. 7 

Next followed the dpiarov or luncheon ; but the 
time at which it was taken is uncertain. It is fre- 
quently mentioned in Xenophon's Anabasis, and ap- 
pears to have been taken at different times, as 
would naturally be the case with soldiers in active 
service. Suidas 8 says that it was taken about the 
third hour, that is, about nine o'clock in the morn- 
ing ; but this account does not agree with the 
statements of other ancient writers. We may con- 
clude from many circumstances that this meal was 
taken about the middle of the day, and that it an- 
swered to the Roman prandium, as Plutarch 9 as- 
serts. Besides which, the time of the itl-qdovaa dy- 
opd, at which provisions seem to have been bought 
for the c'.piavov, was from nine o'clock till noon. 
This agrees with the account of Aristophanes, 10 who 

1 (II., iv., 4.)— 2. (II., ix., 225.)— 3. (II., vii.,480.) — 4. (Od., 
xiv., 420.)— 5. (Od., i., 125, &c.)— 6. (Aristoph., Aves, 1286.)— 
7. (Plut., Symp., viii., 6, ^ 4. — Schol. ad Theocr., i., 51. — Athe- 
naeus, i., p. 11.) — 8. (s. v. Acittvov.) — 9 (Symp. viii.. 6. 6 5 ) — 
10. (Veep., 605-612.) 



introduces Philocleon describing the pleasure of re« 
turning home after attending the courts, and parta- 
king of a good dptoTov. The courts of justice could 
scarcely have finished their sittings by nine o'clock. 
Timaeus also defines defkr] rcputa, which we know 
to have been the early part of the afternoon (vid. 
Dies), as the time before the uptarov. The dpiarot 
was usually a simple meal, but, of course, varies, 
according to the habits of individuals. Thus Is- 
chomachus, who describes his mode of life to Soc- 
rates, who greatly approves of it, says, 'ApiarCi baa 
firjTe Kevog fir/re dyav irXfipric 6Li]/Ltep£^ jjj l 

The principal meal, however, was the deinvov, 
which ought, therefore, according to our notions, to 
be translated, like the Latin ccena, by our word 
" dinner." It was usually taken rather late in the 
day, frequently not before sunset. 2 Aristophanes' 
says, 

2o2 de uehrjaei, 
brav y detcuTrovv to cTOtxelov Xnrapov xupelv km 
deinvov. 

But, in order to ascertain the time meant by tie 
kuttovv to GToixtiov, the reader is referred to the ar 
tide Horologium. 

The Athenians were a social people, and were 
very fond of dining in company. Entertainments 
were usually given, both in the heroic ages and la- 
ter times, when sacrifices were offered to the gods, 
either on public or private occasions ; and also on 
the anniversary of the birthdays of members of the 
family, or of illustrious persons, whether living or 
dead. Plutarch* speaks of an entertainment being 
given on the anniversary of the birthdays both ol 
Socrates and Plato. 

When young men wished to dine together, they 
frequently contributed each a certain sum of money, 
called avfitolrj, or brought their own provisions with 
them. When the first plan was adopted, they were 
said utto crv/xSoXuv detTrvelv, and one individual was 
usually intrusted with the money to procure the 
provisions, and make all the necessary preparations. 
Thus we read in Terence, 5 

" Heri aliquot adolescenluli coimus in Pircco, 
In hunc diem ut de symbolis essemus. Chaream ex 

rex 
Prcefecimus : dati annuli : locus, tempus constitu- 

tum est." 

This kind of entertainment, in which each guest 
contributed to the expense, is mentioned in Homer 6 
under the name of epavoc. 

An entertainment in which each person brought 
his own provisions with him, or, at least, contributed 
something to the general stock, was called a dslxvov 
utto anvptdog, because the provisions were brought 
in baskets. 7 This kind of entertainment* is also 
spoken of by Xenophon. 8 

The most usual kind of entertainments, howevei, 
were those in which a person invited his friends to 
his own house. It was expected that they should 
come dressed with more than ordinary care, and 
also have bathed shortly before ; hence, when Soc- 
rates was going to an entertainment at Agathon's, 
we are told that he both washed and put on his 
shoes — things which he seldom did. 9 As soon as 
the guests arrived at the house of their host, their 
shoes or sandals were taken off by the slaves, and 
their feet washed (vTrolvetv and dnovi&iv). In an 
cient works of art we frequently see a slave o 
other person represented in the act of taking off thu 
shoes of the guests, of which an example is given, 
from a terra-cotta in the British Museum, in p. 276. 



1. (Xen., (Econ., »., 18.)— 2. (Lysias, c. Eratosth., p. 26.)— 
3. (EccL, 652.i — I. (Symp., viii., 1, $ 1.)— 5. (Eun., III., iv., 1.) 
—6. (Od- :., 226.>— 7. (Athen., viii., p. 365.)— 8. (Mem., iii., 14, 
I.j— * ,'PLato. Symp., c. 2, p. 174.) 

343 



DEIPNON 



DEIPNON. 



Alter their feet had been washed, the guests re- 
clined on the tiXlvai or couches (Kal e fiev e<j>7j ukov- 
l(etv top nalda, Iva KaratieoiTo). 1 

It has been already remarked that Homer never 
describes persons as reclining, but always as sitting 
at their meals ; but at what time the change was 
introduced is uncertain. Muller 2 concludes from a 
fragment of Alcman, quoted by Athenaeus* 3 that the 
Spartans were accustomed to recline at their meals 
is early as the time of Alcman. The Dorians of 
3rete always eat ; but the Athenians, like the Spar- 
.ans, were accustomed to recline. The Greek wom- 
en and children, however, like the Roman (vid. Cge- 
na, p. 276), continued to sit at their meals, as we 
find them represented in ancient works of art. 

It was usual for only two persons to recline on 
each couch. Thus Agathon says to Aristodemus, 
2i> 6', 'ApiaroSrjfte, nap' 'Epv^i/zaxov KarauMvov : and 
to Socrates, Aevpo, ScJupareg, nap' e/ue /cara/ceicro. 4 
Also, at a banquet given by Attaginus of Thebes to 
fifty Persians and fifty Greeks, we are told that one 
Fersian and one Greek reclined on each couch. In 
ancient works of art we usually see the guests rep- 
resented in this way ; but sometimes there is a 
larger number on one long kXiv7), as in the woodcut 
in page 326. The manner in which they reclined, 
the oxv^ TVS KaTanMaeug, as Plutarch 6 calls it, will 
be understood by referring to the woodcut already 
mentioned, where the guests are represented recli- 
ning with their left arms on striped pillows (virayn- 
uvLa), and having their right free ; whence Lucian 6 
speaks of en' dynuvog deinvelv. 

After the guests had placed themselves on the 
icXivai, the slaves brought in water to wash their 
hands (vdtop Kara x Et P°C edodrj). The subsequent 
proceedings of the dinner are briefly described in 
two lines of Aristophanes, 7 

"Ydcop Kara, x £l P°C ' r "f rpane(ag elcQepeiv ' 
Aeinvovfiev ' uTTovevlfj.fj.ed' • 7j6rj onevdofiev. 

The dinner was then served up ; whence we read, 
in Aristophanes and elsewhere, of rag rpan^ag ela- 
Qipeiv, by which expression we are to understand, 
not merely the dishes, but the tables themselves. 8 
It appears that a table, with provisions upon it, was 
placed, before each kXlvt] : and thus we find, in all 
ancient works of art which represent banquets or 
symposia, a small table or tripod placed before the 
K/\iv7j, and when there are more than two persons 
on the kTi'lvt], several of such tables. (See woodcuts 
in p. 276, 326). These tables are evidently small 
enough to be moved with ease. 

In eating, the Greeks had no knives or forks, but 
made use of their fingers only, except in eating 
soups or other liquids, which they partook of by 
means of a spoon, called (ivari/Xri, fivvrpov, or [iva- 
rpog. Sometimes they used, instead of a spoon, 
a hollowed piece of bread, also called /xvo-ri/lij. 9 
After eating, they wiped their fingers on pieces of 
bread, called uno/naydaXiai. 10 They did not use any 
cloths or napkins ; the x £ tpofiaKTpa and en/xayeia, 
which are sometimes mentioned, 11 were towels, 
which were only used when they washed their 
hands. 

It appears that the arrangement of the dinner 
was intrusted to certain slaves. 12 The one who 
had the chief management of it was called rpane- 
Qonotog or Tpane^oKo/Ltog. 13 

It would exceed the limits of this work to give 

1. (Plato, Symp., c. 3, p. 175.)— 2. (Dorians, iv., 3, t> 1.)— 3. 
fiii; p. 111.)— 4. (Plato, Symp., c. 3, 4, p. 175.)— 5. (Symp., v., 
ft)— 6. (Lexiph.. c. 6.) — 7. (Vesp., 1216.) — 8. (Philoxen. ap. 
Atn<=m., iv., p. 146,/.) — 9. (Pollux, Onom., vi., 87; x., 89. — 
/ristoph., Equit., 1164. — Suidas, s. v. /ivaTihj.)— 10. (Pollux, 
Onom., vi., 93.)— 11. (Pollux, 1. c.)— 12. (Plato, Symp., c. 3, p. 
175.)— 13. (Athen., iv., p. 170, e. — Pollux, Onom., iii., 41 ; vi., 
13) 

3H 



an account of the different dishes which were in- 
troduced at a Greek dinner, though their number is 
far below those which were usually partaken of a', 
a Roman entertainment. The most common food 
among the Greeks was the fid^a (Dor. fjdoda), a 
kind of frumenty or soft cake, which was prepared 
in different ways, as appears by the various names 
which were given to it. 1 The iid^a is frequently 
mentioned by Aristophanes. The <$>vgtt] fid&, of 
which Philocleon partakes on returning home from 
the courts, 2 is said by the scholiast to have been 
made of barley and wine. The uaCa nnntinucd to 
the' latest times to ne tne common food of the lower 
classes. Wheaten or barley bread was the second 
most usual species of food ; it was sometimes made 
at home, but more usually bought at the market of 
the upronti/Xai or dproncjXideg. The vegetables or- 
dinarily eaten were mallows (fiaAdxv), lettuces (&pi- 
daf), cabbages (pdfavot), beans (Kva/iot), lentils (0a- 
nal), &c. Pork w r as the most favourite animal 
food, as was the case among the Romans (vid. Cce 
na, p. 275) ; Plutarch 3 calls it to SiKatdraTov npeag. 
Sausages, also, were very commonly eaten (vid. 
Botulus). It is a curious fact, which Plato* has 
remarked, that we never read in Homer of the he- 
roes partaking of fish. In later times, however, 
fish was one of the most favourite articles of food 
among the Greeks, insomuch so that the name of 
oibov was applied to it /car' efrxvv. 5 A minute ac- 
count of the fishes which the Greeks were accus- 
tomed to eat is given at the end of the seventh book 
of Athenasus, arranged in alphabetical order. 

The ordinary meal for the family was cooked by 
the mistress of the house, or by the female slaves 
under her direction ; but for special occasions pro- 
fessional cooks (/jdyeipoi) were hired, of whom there 
appear to have been a great number. 6 They are 
frequently mentioned in the fragments of the comic 
poets ; and those who were acquainted with all tho 
refinements of their art were in great demand in 
other parts of Greece besides their own country. 
The Sicilian cooks, however, had the greatest repu- 
tation, 7 and a Sicilian book on cookery by one Mi- 
thaecus is mentioned in the Gorgias of Plato ; 8 but 
the most celebrated work en the subject was the 
Taorpo/Xoyia of Archestratus. 9 

A dinner given by an opulent Athenian usually 
consisted of two courses, called respectively nptirai 
rpune^ai and Sevrepat rpdne^at. Pollux, 10 indeed, 
speaks of three courses, which was the number at 
a R,oman dinner (vid. Cosna, p. 275 ; and in the 
same way we find other writers under the Roman 
Empire speaking of three courses at Greek dinners ; 
but before the Roman conquest of Greece, and the 
introduction of Roman customs, we only read of 
two courses. The first course embraced the whole 
of what we consider the dinner, namely, fish, poul- 
try, meat, &c. ; the second, which corresponds to 
our dessert and the Roman bellaria, consisted of 
different kinds of fruit, sweetmeats, confections, &c. 

When the first course was finished, the tables 
were taken away (alpecv, dnalpeiv, enaipetv, dfyai- 
pelv, i:i((j>epeiv, (3aoTu£eiv rag rpane&g), and water 
was given to the guests for the purpose of washing 
their hands. Crowns made of garlands of flowers 
were also then given to them, as well as various 
kinds of perfumes. 11 Wine was not drunk till the 
first course was finished ; but, as soon as the guests 
had washed their hands, unmixed wine was intro- 
duced in a large goblet, called fierdviTTTpov or fjera- 
vLTxrpig, of which each drank a little, after pouring 

- . . i ■ .... . — ■ ■ — i ... ,._ ,4 

1. (Pollux, Onom., vi., 76.)— 2. (Aristoph., Vesp., 610.)— 3. 
(Symp., iv., 5, $ 1.) — 4. (De Rep., iii., c. 13, p. 404.)— 5. 
(Athen., vii., p. 276, e.) — 6. (Diog-. Laert., ii., 72.) — 7. (Plato, 
De Rep!, iii., 13, p. 404.) — 8. (c 156, p. 518. — Compare Maxim 
Tyr., Diss., iv., 5.)— 9. (Athen., iii., p. 104, b.)— 10. (vi,, S> W 
11. (Philyll pp. Athen., ix., p. 408, e.) 



DELIA. 



DELPH1S 



out a small quantity as a libation. This libation 
was said to be made to the " good spirit" (ayadov 
daiuovoc), and was usually accompanied with the 
singing of the paean and the playing of flutes. After 
this libation, mixed wine was brought in, and with 
their first cup the guests drank to Aibg Zcorfipoc. 1 
With the onovdat, the delirvov closed ; and at the 
introduction of the dessert (devrepai Tpar,eC,aC) the 
iro-rof, ovfiirooiov, or ku/ioc commenced, of which an 
account is given in the article Symposium. 2 

DELATOR, an informer. The delatores, under 
the emperors, were a class of men who gained their 
livelihood by informing against their fellow-citizens. 3 
They constantly brought forward false charges to 
gratify the avarice or jealousy of the different em- 
perors, and were, consequently, paid according to 
the importance of the information which they gave. 
In some cases, however, the law specified the sums 
which were to be given to informers. Thus, when 
a murder had been committed in a family, and any 
of the slaves belonging to it had run away before 
the quaestio, whoever apprehended such slaves re- 
ceived, for each slave whom he apprehended, a 
reward of five aurei from the property of the de- 
ceased, or else from the state, if the sum could not 
be raised from the property of the deceased.* In 
the senatus consultum quoted by Frontinus, 5 the 
informer received half of the penalty in which the 
person was fined who transgressed the decree of 
the senate. There seems also to have been a fixed 
sum given to informers by the lex Papia, since we 
are told that Nero reduced it to a fourth. 6 

The number of informers, however, increased so 
rapidly under the early emperors, and occasioned so 
much mischief in society, that many of them were 
banished, and punished in other ways, by Titus, 
Domitian, and Trajan. 7 

DELECTUS. (Vid. Army, Roman.) 

DE'LIA {dfjlia) is the name of festivals and 
games celebrated at the great panegyris in the isl- 
and of Delos, the centre of an amphictyony, to 
which the Cyclades and the neighbouring Ionians 
on the coasts belonged." Thi* amphictyony seems 
originally to have been instituted simply for the 
purpose of religious worship in the common sanc- 
tuary of Apollo, the -&ebc izarptioc. of the Ionians, 
who was said to have been born at Delos. The 
Delia, as appears from the Hymn on Apollo, 9 had 
existed from very early times, and were celebrated 
every fifth year, 10 and, as Bockh supposes, with 
great probability, on the sixth and seventh days of 
Thargelion, the birthdays of Apollo and Artemis. 
The members of the amphictyony assembled on 
these occasions (kdeupow) in Delos, in long gar- 
ments, with their wives and children, to worship 
the god with gymnastic and musical contests, cho- 
ruses, and dances. That the Athenians took part 
in these solemnities at a very early period, is evi- 
dent from the Deliastae (afterward called deupoi) 
mentioned in the laws of Solon j 11 the sacred vessel 
(#£ wptf), moreover, which they sent to Delos every 
year, was said to be the same which Theseus had 
sent after his return from Crete. 13 The Delians, 
during the celebration of these solemnities, per- 
formed the office of cooks for those who visited 
their island, whence they were called 'ElEodvTcu. 13 

In the course of time, the celebration of this an- 

1. (Xeu., Symp., ii., 1. — Plato, Symp., c. 4, p. 176. — Diod. 
Sic, iv., 3. — Suitlas, s. v. 'A.yaOou Aaipovos-) — 2. (Becker, 
Charikles, vol. i., p. 411-450)— 3. (Suet., Tib., c. 61.— Dom., 
12.— Tacit., Ann., iv., 30 ; vi , 47.)— 4. (Dig. 29, tit. 5, s. 25.)— 
5. (De Aquseduct.)— 6. (Suet., Nero, 10.)— 7. (Suet., Tit., 8.— 
Dom., 9. — Mart., i., 4. — Phn., Panoeg., 34. — Brissonius, Ant. 
Select., iii., 17.)— 8. (Horn., Hymn, in Apoll., 147, &c.)— 9. 
(Compare Thucyd., iii., 104. — Pollux, Onom., ix., 61.) — 10. 
(Pollus, Onom., viii., 104.) — 11. (Athen., vi., p. 234.) — 12. 
(Vid. commentators on Plato, Crito, p. 43, c) — 13. (Athen., iv., 
p 173.) 

Xl 



cient panegyris in Delos had ceastd, and it was in l 
revived until 01. 88, 3, when the Athenians, after 
having purified the island in the winter of that year, 
restored the ancient solemnities, and added horse- 
races, which had never before taken place at the 
Delia. 1 After this restoration, Athens being at the 
head of the Ionian confederacy, took the most 
prominent part in the celebration of the Delia ; and 
though the islanders, in common with Athens, pro- 
vided the choruses and victims, the leader (apxide- 
upog), who conducted the whole solemnity, was an 
Athenian, 3 and the Athenians had the superintend 
ence of the common sanctuary. ( Vid. Amphictyons. ) 

From these solemnities, belonging to the great 
Delian panegyris, we must distinguish the lesser 
Delia, which were mentioned above, and which 
were celebrated every year, probably on the 6th of 
Thargelion. The Athenians, on this occasion, sent 
the sacred vessel (deopig), which the priest of Apol- 
lo adorned with bay branches, to Delos. The em- 
bassy was called detopLa, and those who sailed to the 
island, tieupoi ; and before they set sail, a solemn 
sacrifice was offered in the Delion at Marathon, in 
order to obtain a happy voyage. 3 During the ab- 
sence of the vessel, which on one occasion lasted 
30 days,* the city of Athens was purified, and no 
criminal was allowed to be executed. The lesser 
Delia were said to have been instituted by Theseus, 
though in some legends they are mentioned at a 
much earlier period, and Plutarch 5 relates that the 
ancient vessel used by the founder himself, though 
often repaired, was preserved and used by the Athe- 
nians down to the time of Demetrius Phalereus.* 

DELICTUM. (Vid. Crimen.) 

DELPHI'NIA \deA(j>Lvia), a festival of the same 
expiatory character as the Apollonia, which was 
celebrated in various towns of Greece, in honour of 
Apollo, surnamed Delphinius, who was considerec 1 
by the Ionians as their ti-ebc Tzarptiog. The name of 
the god, as well as that of his festival, must be de- 
rived from the belief of the ancients, that in t4ie be- 
ginning of the month of Munychion (probably iden- 
tical with the ^Eginetan Delphinius) Apollo came 
through the defile of Parnassus to Delphi, and be- 
gan the battle with Delphyne. As he thus assumed 
the character of a wrathful god, it was thought ne- 
cessary to appease him, and the Delphinia, accord- 
ingly, were celebrated at Athens, as well as at other 
places where his worship had been adopted, on the 
6th of Munychion. At Athens seven boys and girls 
carried olive-branches, bound with white wool 
(called the iKeTrjpia), into the Delphinium. 7 

The Delphinia of iEgina are mentioned by the 
scholiast on Pindar, 8 and, from his remark on an- 
other passage, it is 9 clear that they were celebrated 
with contests. 10 Concerning the celebration of the 
Delphinia in other places, nothing is known ; but we 
have reason to suppose that the rites observed at 
Athens and in ^Egina were common to all festivals 
of the same name. 11 

DELPHIS or DELPHIN (delate or defyiv), an 
instrument of naval warfare. It consisted of a 
large mass of iron or lead suspended on a beam, 
which projected from the mast of the ship like a 
yard-arm. It was used to sink or make a hole in 
an enemy's vessel, by being dropped upon it when 
alongside. 13 

There seems no necessity for supposing that n 

1. (Thucyd., 1. c.)— 2. (Plut., Nic, 3.— Wolf, Introd. ad De 
mosth. Lept., p. xc.)— 3. (Muller, Dor., ii., 2, 14.)— 4. (Plat., 
Phoedon, p. 58.— Xen., Mem., iv., 8, (, 2.)— 5. (Thes., 23.)— 6 
(BUckh, Staatsh. der Ath., ii., p. 216, &c— Thirlwall, Hist, ot 
Greece, iii., p. 217.)— 7. (Pint., Thes., 18.)— 8. (Pyth., vtii., 
88.)— 9. (Olymp., vii., 151.)— 10. (Compare Diog. Laert., Vit. 
Thai., c. 7.— Muller, Dor., ii., 8, 6 4.)— 11. (Vid. Muller, JEgi* 
net., p. 152.)— 12. (Aristoph., Equit., 759 -Thucyd., tu . 41 — 
Schol. ad Thucyd., 1. c. — Hesych., s v ) 

345 



DEMARUHI. 



DEMIOPRATA. 



was made in the shape of a dolphin. Bars of iron 
osed for ballast are at the present day called "pigs," 
though they bear no resemblance to that animal. 
Probably the detyivee were hoisted aloft only when 
going into action. We may also conjecture that 
they were fitted, not so much to the swift (raxelai) 
triremes, as to the military transports (aTpariurideg, 
oTr^iTuycoyot), for the sailing of the former would be 
much impeded by so large a weight of metal. At 
any rate, those that Thucydides speaks of were not 
on the triremes, but on the olicudec. 

*DELPHIS, DELPHIN, or DELPHI'NUS, the 
Dolphin, or Dclphinus Delphis, L. 1 " This animal," 
says Cuvier, speaking of the D. Delphis, " found in 
numerous troops in every sea, and celebrated for the 
velocity of its movements, which sometimes cause 
it to precipitate itself on the helms of vessels, ap- 
pears to have been really the Dolphin of the an- 
cients. The entire organization of the brain indi- 
cates that degree of docility which they universally 
attributed to this animal." 2 The internal organiza- 
tion of the ear also renders this animal susceptible 
of great attention : it produces a sensibility to mu- 
sical sounds, and enables the Dolphin to distinguish, 
at a considerable distance, the cries of joy or alarm 
of its congeners. " Some authors," observes Grif- 
fith, 3 " more especially the ancients, have not only 
celebrated the mutual friendship subsisting among 
the Dolphins themselves, but have also asserted that 
they have a lively and natural affection towards the 
human species, with which they are easily led to 
familiarize ; and they have recounted many mar- 
vellous stories on this subject. All that is known 
on this point with certainty is, that when these ani- 
mals perceive a ship at sea, they rush in a crowd 
before it, surround it, and express their confidence 
by rapid, varied, and repeated evolutions ; some- 
times bounding, leaping, and manoeuvring in all 
manner of ways, sometimes performing complicated 
circumvolutions, and exhibiting a degree of grace, 
fcgiiity, dexterity, and strength which is perfectly 
astonishing. We must not, however, be deceived 
by such external show of affection. These animals, 
represepted as susceptible of so much attachment 
to rr,*ii, are thoroughly carnivorous, and if they fol- 
low the track of vessels, it is, perhaps, with no oth- 
er view than the hope of preying on something that 
may fall from them." The Grampus (a fish in na- 
ture nearly allied to the Dolphin) would seem to be 
the Orca of Pliny. " It is not noticed," observes Ad- 
ams, " by the Greek authors, unless, as some have 
supposed, it be the opvtj of Strabo."* 

*DELPHIN / IUM (detyivLov), a plant. Sprengel 
recognises the two species described by Dioscori- 
des as being the Delphinium Ajacis, or common 
Larkspur, and the D. tenuissimum of Sibthorp. 
From the circumstance of the Delphinium not be- 
ing noticed in the Materia Medica of Galen, Oriba- 
sius, or Paul of iEgina, Matthiolus is disposed to re- 
gard as spurious the two chapters of Dioscorides 5 
in which mention is made of it. " Among the syn- 
onymes of the delfyiviov in Dioscorides, we find," 
remarks Adams, in continuation, " vaKivdoc, and 
fiovKivoc [ilvop of the Romans. It has, therefore, 
been supposed that the 'vaccinia nigra 1 of Virgil 
were Larkspurs." 6 

DELUBRUM. (Vid. Templum.) 

DEMA'RCHL These officers were the head 
boroughs or chief magistrates of the demi in Attica, 
and are said to have been first appointed by Cleis- 
thenes. Their duties were various and important. 
Thus, they convened meetings of the demus, and 

1. (Aristot., H. A., ii., 13, &c— ^Slian, N. A., i., 18, &c— 
Plin., ix., 8. — Juv., Sat., x., 14.) — 2. (Griffith's Cuvier, vol. iv., p. 
435.)— 3. (Griffith's Cuvier, vol. iv., p. 450.) — 4. (Adams, Ap- 
pend., s. v.) — 5. (iii., 77, 78.)— 6. (Adams, Append., s. v.) 
348 



took the votes upon all questions under considera- 
tion ; they had the custody of the Iv^iapxiKdv ypap- 
jxarelov, or book in which the members of the de- 
mus were enrolled ; and they made and kept a regis- 
ter of the landed estates (x^pia) in their districts, 
whether belonging to individuals or the bodv coi- 
porate ; so that, whenever an eiofopd, or extraor- 
dinary property-tax was imposed, they must have 
been of great service in assessing and collecting the 
quota of each estate. 1 Moneys due to the demus 
for rent, &c, were collected by them, 3 and it may 
safely be allowed that they were employed to en- 
force payment of various debts and dues claimed 
by the state. 3 For this purpose they seem to 
have had the power of distraining, to which al- 
lusion is made by Aristophanes.* In the duties 
which have been enumerated, they supplanted the 
naucrari of the old constitution ; their functions, 
however, were not confined to duties of this class, 
for they also acted as police magistrates : thus, in 
conjunction with the dicasts of the towns (diKaorai 
Kara dr/fiovc.), they assisted in preserving peace and 
order, 5 and were required to bury, or cause to be 
buried, any dead bodies found in their district : for 
neglect of this duty they were liable to a fine of 
1000 drachmae. 6 Lastly, they seem to have furnish- 
ed to the proper authorities a list of the members 
of the township who were fit to serve in war (/ca- 
TaXoyovc ETvoi^aavTO 1 ). ( Vid. Demus.) 
DEMENS. (Vid. Curator, p. 329.) 
DEMENSUM was an allowance of corn, which 
was given to Roman slaves monthly or daily. 9 Do- 
natus 9 says that every slave received four modii of 
corn a month ; but Seneca 10 speaks of five modii as 
the allowance. 11 

DEME'NTIA. (Vid. Curator, p. 329.) 
DEME'TRIA (dv/nnrpia), an annual festival 
which the Athenians, in 307 B.C., instituted in hon- 
our of Demetrius Poliorcetes, who, together with 
his father Antigonus, were consecrated under the 
title of saviour gods. It was celebrated every year 
in the month of Munychion, the name of which, as 
well as that of the day on which the festival was 
held, was changed into Demetrion and Demetrias. 
A priest ministered at their altars, and conducted 
the solemn procession, and the sacrifices and games 
with which the festival was celebrated. 12 To hon- 
our the new god still more, the Athenians at the 
same time changed the name of the festival of 
the Dionysia into that of Demetria, as the young 
prince was fond of hearing himself compared to 
Dionysus. The Demetria mentioned by Athenaeus 1 ' 
are probably the Dionysia. Respecting the other 
extravagant flatteries which the Athenians heaped 
upon Demetrius and Antigonus, see Athen., vi., p. 
252 ; Herm., Polit. Ant. of Greece, $ 175,. n. 6, 7, 
and 8 ; and Thirlwall, Hist, of Greece, vii., p. 331 
DEMINUTIO CAPITIS. (Vid. Caput.) 
DEMIOP'RATA (drjfiioirpaTa, sc. irpuyfiara or 
KTrjfiara) was property confiscated at Athens and 
sold by public auction. The confiscation of prop- 
erty was one of the most common sources of rev- 
enue in many of the Grecian states ; and Aristoph- 
anes 1 * mentions the drifiLo-Kpara as a separate branch 
of the public revenue at Athens. An account of 
such property was presented to the people in the 
first assembly of every prytaneia ; 15 and lists of it 
were posted upon tablets of stone in different pla- 

1. (Bockh, vol. i., p. 212, transl.) — 2. (Demosth., c. Eub., 
1318.)— 3. (Bockh, 1. c.)— 4. (Nubes, 37.— Tid. Mitchell, ad loc , 
— 5. (Wachsmuth, ii-, part 1, p. 32.) — 6. (Demosth., c. Macan , 
1069, 22.)— 7. (Demosth., c. Polyc, 1208.— Harpocrat,., s. v.— 
Pollux, Onom., viii., 108. — Schomann, 377.)— 8. (Plaut., Stich., 
I., ii., 3. — Trinumm., IV., ii., 102.— "diaria :" Mart., xi., 108 
— Hor., Ep., I., xiv., 40.)— 9. (ad Ter., Phorm., I., i., 9.)— 10. 
(Ep., 80.)— 11. (Becker, Gallus, i., p. 110.)— 12. (Diod. Sic. 
xx., 46— Plut., Demetr., 10, 46.)— 13. (xii., p. 536.)— 14. (Vesn., 
559.— Sc) ol. ad loc.)— 15. (Pollux, Onom., viii., 95.) 



DEMUS. 



DEMUs. 



ccs, as was the case at Eleusis, with the catalogue 
of the articles which accrued to the temple of De- 
meter and Persephone, from persons who had com- 
mitted any offence against these deities. 1 Many 
monuments of this kind were collected by Greek an- 
tiquarians, of which an account is given by Bockh. 2 

DE'MIUS {fyfitoe). (Vid. Basanos, p. 140.) 

DEMIU'KGI {drmiovpyol). These magistrates, 
whose title is expressive of their doing the service 
of the people, are by some grammarians stated to 
have been peculiar to Dorian states ; but, perhaps, 
on no authority except the form dapiovpyoi. Mul- 
ler 3 observes, on the contrary, that " they were not 
uncommon in the Peloponnesus, but they do not 
occur often in the Dorian states." They existed 
among the Eleians and Mantineans, with whom 
they seem to have been the chief executive magis- 
tracy (ol dr/ficcvpyol ml tj (3ovlij, k. t. A. 4 ). We also 
read of deir.iurgi in the Achaian league, who proba- 
bly ranked next to the strategi, 5 and put questions 
to the vote in the general assembly of the confed- 
erates. 6 Officers named epidemiurgi, or upper dem- 
iurgi, were sent by the Corinthians to manage the 
government of their colony at Potidaea. 7 

DEMONSTRATE. {Vid. Actio, p. 19) 

DEMOPOIETUS (^/zotto^toc) was the name 
giv^n to a foreigner who was admitted to the rights 
of citizenship at Athens by a decree of the people, 
on account of services rendered to the state. Such 
citizens were, however, excluded from the phratrise, 
and could not hold the offices of either archon or 
priest, 8 but were registered in a phyle and deme. 
\ Vid. Civitas, Greek, p. 259.) 

DEMOSTOI (drinooLoi) were public slaves at Ath- 
ens, who were purchased by the state. Some of 
hem filled subordinate pbces in the assembly and 
courts of justice, and were also employed as her- 
alds, checking clerks, &e. They were usually call- 
ed drjpoaioi oiKirai, and, as we learn from Ulpian, 9 
were taught at the expense of the state to qualify 
them for the discharge of such diiC'ed as have been 
mentioned. 10 As these public slaves did no' belong 
to any one individual, they appear to hva?e possessed 
certain legal rights which private slaves had not. 11 

Another class of public slaves formed the ciiy 
guard ; it was their duty to preserve order :n the 
public assembly, and to remove any person whom 
the npvTavEtg might order. 12 They are generally 
called bowmen (To&rai) ; or, from the native coun- 
try of the majority, Scythians ; and also Speusin- 
ians, from the name of the person who first estab- 
lished the force. 13 There were also among them 
many Thracians and other barbarians. They ori- 
ginally lived in tents in the market-place, and after- 
ward upon the Areiopagus. Their officers had the 
name of toxarchs (rotjapxoi). Their number was 
at first 300, purchased soon after the battle of Sala- 
mis, but was afterward increased to 1200. 1 * 

DEMUS. The word dfjfiog originally indicated a 
district or tract of land, and is by some derived 
from (Jew, as if it signified an " enclosure marked off 
from the waste," just as our word town comes, ac- 
cording to Home Tooke, from the Saxon verb " ty- 
nan," to enclose ** It seems, however, more simple 

1 (Poll ax, Onom., *, 97.)— 2. (Publ. Econ. of Athens, vol. i., 
p. 265, &c— Compare ii., p. 127 ; and Meier, " De Bonis Dam- 
natorum," p. 160, &c.)— 3. (Dorians, ii., 145, transl.)— 4. (Thu- 
cyd., v., 47.)— 5. (Wachsmuth, $ 79.)— 6. (Liv., xxxii., 22; 
xxxvn:., 30.)— 7. (Thucyd., i., 56.)— 8. (Demosth., c. Near., p. 
1370.)— 9. (ad Demosth., Olynth., ii., p. 15.)— 10. (Hemster. ad 
Pollux, Onom., ix., Id. — Maussac. ad Harpocrat., s. v. ^7jix6<nog. 
—Petit., Leg. Att., p. 342.)— 11. (Meier, Att. Process, p. 401, 
560.— JEschin.,c.Timarch.,p.79,85.)— 12. (Schneider ad Xen., 
Mem., ni., 6, (f 1.— Plato, Protag., c. 27, p. 319, and Heindorff's 
note. — Aristoph., Acharn., 54, with the commentators.) — 13. 
(Pollux, Onom., viii., 131, 132.— Photius, s. v. To^drai.)— 14. 
(JSsch., ncpi Tiapcnrptaf)., p. 335. — Andoc, De Pac, p. 93.— 
Bockh, Publ. Econ. of Athens-, i., p. 277. &c.) — 15 (Arnold, 
Thucyd., vol. i. j-jd. iii.) 



to connect it with the Doric da foi ya. In this 
meaning of a country district, inhabited and under 
cultivation, dijfio^ is contrasted with 'KoXiq : thus we 
have uvdptiv 6rj/i6v re noXtv re j 1 but the transition 
from a locality to its occupiers is easy and natural, 
and hence, in the earlier Greek poets, we find (%/of 
applied to the outlying country population, who til- 
ed the lands of the chieftains or inhabita: ts of the 
city ; so that 6f/(ioq and 7ro?uTai came to be opposed 
to each other, the former denoting the subject peas- 
antry (drj/uov fytXodcciroTov 2 ) ; the latter, the nobles in 
the chief towns. 3 

We now proceed to treat of the demi or country 
parishes of Attica. The word 6f//no^, in the sense 
which we have here expressed by " parish," is by 
some rendered " borough," by others, " township." 
Of these terms, the former is certainly not appro- 
priate ; and as a parish may include townships and 
hamlets, we prefer this word to " township." In 
the first place, we may remark that, whatever un- 
certainty there may be about the nature and origin 
of the four tribes in that country as they existed 
before the age of Cleisthenes, there is scarcely any 
about the alterations he introduced with respect to 
them. His object was to effect a revolution, by 
which the power of the aristocracy would be dimin- 
ished ; for this purpose he broke up the four tribes 
of the old constitution, and substituted in their place 
ten local tribes (<j>v?ial TOTunai), each named from 
some Attic hero. 4 These were subdivided into ten 
demi or country parishes, possessing each its prin- 
cipal town ; and in some one of these demi were 
enrolled all the Athenian citizens resident in Attica, 
with the exception, perhaps, of those who were na- 
tives of Athens itself. 5 These subdivisions corre- 
sponded in some degree to the vavupapiat of the old 
tribes, and were, according to Herodotus, one hun- 
dred in number ; but, as the Attic demi amounted 
in the time of Strabo 6 to 174, doubts have been 
raised about this statement. Niebuhr has inferred 
from it that the tribes of Cleisthenes did not origi- 
nally include the whole population of Attica, and 
" that some of the additional 74 must have been 
cantons, which had previously been left in a state 
of dependance ; by far the chief part, however, were 
houses (yzvrj) of the old aristocracy," which were 
included in the four Ionian tribes, but, according to 
Niecuhr, were not incorporated in the ten tribes of 
the " rural commonalty" till after the time of Cleis- 
thenes. (Vid. Tribus.) 

This inference, however, seems very questiona- 
ble ; for the number of the demi might increase 
from a variety of causes, such as the growth of the 
population, the creation of new tribes, and the di- 
vision of the larger into smaller parishes, to say 
nothing of the improbability of the coexistence of 
two different orders of tribes. " Another fact, more 
difficult to account for, is the transposition by which 
demes of the same tribe were found at opposite ex- 
tremities of the country." 7 The names of the dif- 
ferent demes were taken, some from the chief towns 
in them, as Marathon, Eleusis, and Acharnae ; some 
from the names of houses or clans, such as the Daed- 
alidae, Boutadae, &c. A complete list of them is 
given in Wachsmuth. 8 The largest of all was the 
demus of Acharnae, which in the time of the Pelo- 
ponnesian war was so extensive as to supply ? 
force of no less than three thousand heavy-armei 
men. Thucydides 9 says of it, that it was the ^wptoi 
fxiyiOTOv TTjg 'Attik?)c tuv dr/fiuv KaAovp.tvo)v. 

In explanation of their constitution and relatioj 
to the st ate in general, we may observe, that they 

1. (Hes.,Op.etD.,527,.)— 2. (lies., Theog., 847.)- 3. (Wach*. 
mutb.Hellen. Alterth., I., i., p. 316.)— 4. (Herod., v., 66,69.)— 
5. (Thirlwall, Hist, of Greece, ii, p. 74.)— 6. (ix., 396, c)— 7. 
(Thirlwall, 1. c, and app. i., vol. ii.) — 8. (ii., p. 1, app. i.) — 9. 
(ii.. 191.) 

347 



D.EMUS. 



DENARIUS. 



KtesatSd independent corporations, and had each 
toeir several magistrates, landed and other proper- 
ty, with a common treasury. They had, likewise, 
their respective convocations or " parish meetings," 
convened by the demarchi, in which was transact- 
ed the public business of the demus, such as the 
leasing of its estates, the elections of officers, the 
revision of the registers or lists of drj/uorai, and the 
admission of new members. Moreover, each de- 
mus appears to have kept what was called a nival- 
kuK.'Xrioiv.aTiKds, or list of those drifiorai who were 
entitled to vote at the general assemblies of the 
whole people. In a financial point of view, they 
supplanted the old " naucraries" of the four tribes, 
each demus being required to furnish to the state a 
certain quota of money and contingent of troops 
whenever necessary. 1 Independent of these bonds 
of union, each demus seems to have had its pecu- 
liar temples and religious worship (Stj/llotlko. lepa*), 
the officiating priests in which were chosen by the 
6rjfi6Tac ; 3 so that, both in a civil and religious point 
of view, the demi appear as minor communities, 
whose magistrates, moreover, were obliged to sub- 
mit to a doKLfxaoia, in the same way as the public 
officers of the whole state. But, besides the magis- 
trates, such as demarchs and treasurers (ran'tai), 
elected by each parish, we also read of judges, who 
were called dLnaoTat. Kara drjfiovg : the number of 
these officers, originally thirty, was afterward in- 
creased to forty, and it appears that they made cir- 
cuits through the different districts, to administer 
justice in all cases where the matter in dispute was 
not more than ten drachmae in value, more impor- 
tant questions being reserved for the 6iaLT7]rai.* 

We will now treat of the drjjiorai, or members of 
each demus, their privileges, and relations to the 
body corporate, of which they formed a constituent 
part. We are told by Aristotle 5 that, on the first 
institution of the demi, Cleisthenes increased the 
strength of the drjpog or commonalty by making 
many new citizens, among whom are said to have 
been included not only strangers and resident for- 
eigners, but also slaves. His words are, HoXlovs 
kovTiirevae Ztvovg nai ( dovXovc ) fieToinovg. We 
strongly suspect, however, that dovXovg is an inter- 
polation. The admission of slaves would, we con- 
ceive, have been very unpopular. Now admission 
into a demus was necessary, before any individual 
could enter upon his full rights and privileges as an 
Attic citizen ; and though, in the first instance, ev- 
ery one was enrolled in the register of the demus 
in which his property and residence lay, this rela- 
tion did not continue to hold with all the dy/uorai ; 
for, since a son was registered in the demus of his 
real or adoptive father, and the former might change 
his residence, it would often happen that the mem- 
bers of a demus did not all reside in it. Still this 
would not cause any inconvenience, since the meet- 
ings of each parish were not held within its limits, 
but at Athens.* No one, however, could purchase 
property situate within a parish to which he did not 
himself belong, without paying to the demarchs a 
fee for the privilege of doing so (syKTrjriKov), which 
would, of course, go to the treasury of the parish. 7 

Two of the most important functions of the gen- 
eral assemblies of the demi were the admission of 
new members and the revision of the names of 
members already admitted. The register of enrol- 
ment was called fytjiapxtKov ypafifiareiov, because 
any person whose name was inscribed in it could 
enter upon an inheritance and enjoy a patrimony, 
the expression for which in Attic Greek was rr t g 

1 (Wachsmuth, $ 83.)- -2. (Paus., i., 31. — Pollux, Onom., 
»iiv, 108.)— 3. (Demosth., c. Eubul., 1313.)- 4. (Hudtwalcker, 
p. 37.)— 5. (Polit., iii., 1.)— 6. (Demosth., c. Eubul., 1302.)— 7 
(Bockh, Publ. Econ. of Athens, vol ii., p. 3, transl.) 
SUP 



"krj&ios apxstv : 2.ayx<iveiv KAijpov, being equivalent 
to the Roman phrase adire hereditatem. These re- 
gisters were kept by the demarchs, who, with the 
approbation of the members of the demus assem- 
bled in general meeting, inserted or erased names 
according to circumstances. Thus, when a youth 
was proposed for enrolment, it was competent for 
any demote to object to his admission on the ground 
of illegitimacy, or non-citizenship by the side of ei- 
ther parent. The demotes decided on the validity 
of these objections under the sanction of an oath, 
and the question was determined by a majority of 
votes. 1 The same process was observed when a 
citizen changed his parish in consequence of adop- 
tion. 3 Sometimes, however, a d em arch was bribed 
to place, or assist in placing, on the register of a 
demus, persons who had no claim to citizenship. 5 
To remedy this admission of spurious citizens (na- 
peyypairToi), the diaipTjfLoig was instituted. (Vid 

DlAPSEPHISIS.) 

Lastly, crowns and other honorary distinctions 
could be awarded by the demi in the same way as 
by the tribes. A decree of the demus of the Pei- 
raeus is given in Bockh,* by which certain privileges 
were granted to Callidamas of Chollidae : one of 
these was the exemption from the payment of the 
eyKTTjTiKov, if he should acquire property in that 
parish. The words are, TeXeiv 6e avrbv ra avra 
rtkr] tv rw dr/fio) airep av koX Heipaietg, xai fijj knXt- 
yeiv 7rap' avrov rbv 6?j/j.apxov to kynrnrLKov. The 
decree is taken from an inscription in Chandler.* 
(Vid. Demarchi.) 

DENA'RIUS, the principal silver coin among the 
Romans, was so called because it was originally 
equal to ten asses ; but on the reduction of the 
weight of the as (vid. As), it was made equal to six- 
teen asses, except in military pay, in which it was 
still reckoned as equal to ten asses. 6 The denarius 
was first coined five years before the first Punic 
war, B.C. 269. (Vid. Argentum.) There were 
originally 84 denarii to a pound, 7 but subsequently 
96. At what time this reduction was made in the 
weight of the denarius is uncertain, as it is not 
mentioned in history. Some have conjectured that 
it was completed in Nero's time ; and Mr. Hussey 3 
justly remarks, that Suetonius 9 proves that 84 de 
narii went still to the pound about the year B.C. 
50 ; since, if we reckon 96 to the pound, the pro- 
portion of the value of gold to silver is 7-8 to 1, 
which is incredibly low ; while the value on the 
other supposition, 8 9 to 1, is more probable. (Com- 
pare Argentum, sub Jin.) 





BRITISH MUSEUM. ACTUAL SIZE. WEIGHT 606 GR8 





BRITISH MUSEUM. ACTUAL SIZE. WEIGHT 585 CtRS 

Mr. Hussey calculates the average weight of the 
denarii coined at the end of the Commonwealth at 

1. (Demosth., c. Eubul., 1318.)— 2. (Isjdus, De Apoil.IIaered. 
p. 66, 17.)— 3. (Demosth., c. Leoch., p. 1091.)- -4. (1 c.)— 5 
(ii., 108.)— 6. (Plin., H. N., xxxiii., 13.)— 7. (Plin., H. N-, 
xxxiii., 46. — Celsus, v., 17, () 1.) — 8. (Ancient Weights, &c, o 
137.)— 9 (Jul.. 54 \ 



DENARIUS. 



DEPOSITUM. 



*0 grains, and those under the Empire at 52-5 
grains. II we deduct, as the average, ^th of the 
weight for alloy from the denarii of the Common- 
wealth, there will remain 58 grains of pure silver ; 
and since the shilling contains 807 grains of pure 

58 
silver, the value of the best denarii will be ^pr, 

of a shilling, or 86245 pence ; which may be reck- 
oned in round numbers 8%d. If the same method 
of reckoning be applied to the later denarius, its 
value will be about 75 pence, or 7$d. x 

The Roman coins of silver went at one time as 
low down .as the fortieth part of the denarius, the 
teruncius. They were, the quinarius, or half dena- 
rius ; the sestertius, or quarter denarius (vid. Sester- 
tius) ; the libella, or tenth of the denarius (equal to 
the as) ; the sembella, or half libella ; and the terun- 
cius, or quarter libella. 

The quinarius was also called victoriatus? from 
the impression of a figure of Victory which it bore. 
Pliny 3 says that victoriati were first coined at Rome 
in pursuance of the lex Clodia, and that previous to 
that time they were imported as an article of trade 
from Illyria. The Clodius who proposed this law 
is supposed to have been the person who obtained 
a triumph for his victories in Istria, whence he 
brought home a large sum of money,* which would 
fix the first coinage of the victoriati at Rome B.C. 
177, that is, 92 years after the first silver coinage. 

If the denarius weighed 60 grains, the teruncius 
would only have weighed 1£ grs., which would 
have been so small a coin that some have doubted 
whether it was ever coined in silver, for we know 
that it was coined in copper. (Vid. As, p. 110.) 
But Varro 5 names it among the silver coins with 
the libella and sembella. It is, however, improba- 
ble that the teruncius continued to be coined in 
silver after the as had been reduced to Jg-th of the 
denarius ; for then the teruncius would have been 
^th of the denarius, whereas Varro only describes 
it as a subdivision of libella, when the latter was 
-^th of the denarius. In the time of Cicero, the 
libella appears to have been the smallest silver coin 
in use ; 5 and it is frequently used, not merely to 
express a silver coin equal to the as, but any very 
small sum. 7 Gronovius, 8 however, maintains that 
there was no such coin as the libella when Varro 
wrote, but that the word was used to signify the 
tenth part of a sestertius. No specimens of the 
libella are now found. 

If the denarius be reckoned in value 8%d., the 
other coins which have been mentioned will be of 
the following value : 

Teruncius 

Sembella 

Libella 

Sestertius 

Quinarius or Victoriatus . 

Denarius 

It has been frequently stated that the denarius is 
equal in value to the drachma, but this is not quite 
correct. The Attic drachma was almost equal to 
9fd., whereas we have seen that the denarius was 
but little above 8%d. The later drachmae, however, 
appear to have fallen off in weight ; and there can 
be no doubt that they were at one time nearly 
enough equal to pass for equal. Gronovius has 
given all the authorities upon the subject in his Be 
Sestertiis. 9 

The earliest denarii have usually, on the obverse, 
the head of Rome with a helmet, the Dioscuri, or 

1. (Hussey, p. 141, 142.)— 2. (Cic, Pro F.nt.. 5.)— 3. (H. 
N., xxxiii., 13.) — 4. (Liv., xli., 13.) — 5. (Varro, De Ling. Lat., 
v., 174, ed. Miiller.) — 6. (Cic, Pro Rose. Com., c. 4.)— 7. 
(Plaut., Cas., II., v., 7.— Capt., V., i., 27.)— 8. (De Sestertiis, 
ii 2.)- -9. (iii., 2.) 



nee. 


Farth. 




•53125 




10625 




2125 


2 


5 


4 


1 


8 


2 



the head of Jupiter Many have, on the reverse, 
chariots drawn by twi or four horses (biga, quadri- 
gee), whence they are called respectively bigati anu 
quadrigati, sc. nummi. (Vid. Bigatus.) Some de- 
narii were called serrati, 1 because their edges were 
notched like a saw, which appears to have been 
done to prove that they were solid silver, and not 
plated. Many of the family denarii, as those of the 
^Elian, Calpurnian, Papinian, Tullian, and numer- 
ous other families, are marked with the numeral X. 
in order to show their value. 

Pliny 2 speaks of the denarius aureus. Gronovius 1 
says that this coin was never struck at Rome ; but 
there is one of Augustus in the British Museum, 
weighing 60 grains, and others of less weight. The 
average weight of the common aureus was 120 
grains. (Vid. Aurum, p. 129.) In later times, a 
copper coin was called denarius. 4 

*DENDRACHA'TES (6evtipa X uTw), a species of 
Agate, the veins of which resemble a small tree. 
It is our Dendritic agate. A description of it is 
given in the Orphic poem under the name of u X uTnt, 
devdpr/ctc. 6 

*DENDROLIB'ANUS (devdpoliSavoc), a term 
occurring only in the Pharmaceutical work of My- 
repsus. It is applied to the Rosemary. 6 

*AENAPT$'IA KEPAT'INA (devdpvcpia Kepari- 
va), apparently, says Adams, a kind of Coral. It is 
mentioned by Theophrastus. 7 Stackhouse conjec- 
tures it to be the Gorgonia nobilis, or Red Coral. 8 

DENTIFRPCIUM (bdovTorpi/ifia), a dentrifice or 
tooth-powder, appears to have been skilfully pre- 
pared and generally used among the Romans. A 
variety of substances, such as the bones, hoofs, and 
horns of certain animals, crabs, egg-shells, and. the 
shells of the oyster and the murex, constituted the 
basis of the preparation. Having been previously 
burned, and sometimes mixed with honey, they 
were reduced to a fine powder. Though fancy and 
superstition often directed the choice of these in- 
gredients, the addition of astringents, such as myrrh, 
or of nitre and of hartshorn ground in a raw state, 
indicates science which was the result of experi- 
ence, the intention being not only to clean the teeth 
and to render them white, but also to fix them when 
loose, to strengthen the gums, and to assuage tooth- 
ache. 9 Pounded pumice was a more dubious arti- 
cle, though Pliny 10 says, " Utilissimafiunt ex his den- 

DEPENSI ACTIO. (Vid. Sponsor.) 
DEPORT A'TIO. (Vid. Banishment, Roman.) 
DEPO'SITI ACTIO. (Vid. Depositum.) 
DEPO'SITUM. A depositum is that which is 
given by one man to another to keep until it is de- 
manded back, and without any reward for the 
trouble of keeping it. The party who makes the 
depositum is called deponens or depositor, and he 
who receives the thing is called depositarius. The 
act of deposite may be purely voluntary, or it may 
be from necessity, as in the case of fire, shipwreck, 
or other casualty. The depositarius is bound ta 
take care of the thing which he has consented to 
receive. He cannot use the thing unless he has 
permission to use it, either by express words or by 
necessary implication. If the thing is one " quae 
usu non consumitur," and it is given to a person to 
be used, the transaction becomes a case of locatiu 
and conductio (vid. Locatio), if money is to be paid 
for the use of it ; or a case of commodatum (vid. 
Commodatum), if nothing is to be paid for the use. 
If a bag of money not sealed up is the subject of 



mey not sealed up is the subject oi 

1. (Tact., Germ., 5.)— 2. (H. N., xxxiii., 13.)— 3. (De Ses- 
tertiis, iii , 15.) — 4. (Ducange, s. v. Denarius.) — 5. (,'Plin., II. 
N., xxxvi:., 54.— Orph., Lith., v., 230. —Moore's Anc. Mineral., 
p. 178.) — 6. (Adams, Append., s. v.) — 7. (H. P., iv., 8.) — & 
(Adams, Append., s. v.)— 9. (Plin., II. N.,xxvi ; i., 49 ; xxxi.,46 ; 
xxxii., 21,26.)— 10. (xxxvi., 42.) 

349 



DESULTOR. 



DIADEMA. 



tiie depositum, and the depositarius at any time 
asks for permission to use it, the money becomes a 
loan (vid. Mutuum) from the time when the per- 
mission is granted ; if the deponens proffers the use 
of the money, it becomes a loan from the time when 
the depositarius begins to use it. If money is de- 
posited with the condition that the same amount 
be returned, the use of it is tacitly given ; but the 
depositum does not therefore become mutuum. If 
the depositum continues purely a depositum, the 
depositarius is bound to make good any damage to 
it which happens through dolus or culpa lata ; and 
he is bound to restore the thing on demand to the 
deponens, or to the person to whom the deponens 
orders it to be restored. The remedy of the depo- 
nens against the depositarius is by an actio depositi 
directa. The depositarius is entitled to be secured 
against all damage which he may have sustained 
through any culpa on the part of the deponens, and 
to all costs and expenses incurred by his charge ; 
and his remedy against the deponens is by an actio 
depositi contraria. The actio was in duplum if the 
deposite was made from necessity ; if the deposi- 
tarius was guilty of dolus, infamia was a conse- 
quence. 1 

DESERTOR is defined by Modestinus to be one 
" qui per prolixum tempus vagatus, reducitur," and 
differs from an emansor " qui diu vagatus ad cast r a 
egreditur." 2 Those who deserted in time of peace 
were punished by loss of rank, corporeal chastise- 
ment, fines, ignominious dismission from the ser- 
vice, &c. Those who left the standards in time of 
war were usually punished with death. The trans- 
fuga, or deserters to the enemy, when taken, were 
sometimes deprived of their hands or feet, 3 but gen- 
erally were put to death. 4 

DESIGNATOR. (Vid. Funus.) 

DESMOTE'RION (decfiurripiov). (Vid. Cakcer.) 

DESPOSIONAUTAI (deairoaiovavrai). (Vid. 
Civitas, Greek.) , 

DESULTOR (uji^ltzttoc, avaSurrjc, fteraSur^), a 
tider. Although riding on horseback is never men- 
tioned among the martial exercises of the -early 
Greeks, it was often practised by them as a swift 
and easy method of conveyance from place to place ; 
and that they had attained to great skill in horse- 
manship is manifest from a passage in the Iliad, 5 
describing a man who keeps four horses abreast at 
full gallop, and leaps from one to another, amid a 
crowd of admiring spectators. The Roman desul- 
tor generally rode only two horses at the same time, 
sitting on them without a saddle, and vaulting upon 
either of them at his pleasure. 6 He wore a hat or 
cap made of felt. The taste for these exercises was 
carried to so great an extent, that young men of the 
highest rank not only drove bigae and quadrigse in 
the circus, but exhibited these feats of horseman- 
ship T Besides performing publicly for the amuse- 
ment of the spectators, the Roman riders were em- 
ployed to convey messages with the greatest pos- 
sible despatch, relieving either horse, when fatigued, 
by vaulting upon the other. 8 Among other nations, 
this species of equestrian dexterity was applied to 
the purposes of war. Livy mentions a troop of 
horse in the Numidian army, in which each soldier 
was supplied with a couple of horses, and in the 
heat of battle, and when clad in armour, would leap 
with the greatest ease and celerity from that which 
was wearied or disabled upon the back of the horse 
which was still sound and fresh. 9 The Scythians, 



Armenians, and some of the Indians, were skilled 
in the same art. 

The annexed woodcut shows three figures of de 
sultores, one from a bronze lamp, published by Bar 
toli, 1 the others from coins. In all these the ridei 



I. (Dig. ?6, tit. 3. — Cic, Off., i., 10.— Juv., Sat., xiii., 60.— 
Dhksen, U>bersicht, &c, p. 597.)— 2. (Dig. 49, tit. 16, s. 3.)— 
3. (Liv., xrvi., 12.) — 4. (Lipsius, De Milit. Rom-, iv., 4.) — 5. 
(xv., 679-bb4.) — 6. (Isidor., Orig., xviii., 39.) — 7. (Suet., Jul., 
39. — Compare the article Cjkcus, p. 256.) — 8. (Hygiu., Fab., 
80.)— 9. (xxiii., 29.) 
350 




wears a pileus, or cap of felt, and his horse is witji- 
out a saddle ; but these examples prove that he had 
the use both of the whip and the rein. On the 
coins we also observe the wreath and palm-branch 
as ensigns of victory. 

DETESTA'TIO SACRO'RUM. {Vid. Sacra.) 

DEVERSO'RIUM. (Vid. Caupona.) 

DEUNX. (Vid. As, p. 110.) 

DEXTANS. (Vid. As, p. 110.) 

DIADE'MA (dtddrjfia), a white fillet used to en- 
circle the head (fascia alba 3 ). 

The invention of this ornament is by Pliny 3 at- 
tributed to " Liber Pater." Diodorus Siculus adds, 4 
that he wore it to assuage headache, the conse- 
quence of indulging in wine. Accordingly, in works 
of ancient art, Bacchus wears a plain bandage on 
his head, as shown in the woodcut at p. 208. 

Whether we reject or admit the conjecture of 
Diodorus, we may safely consider the diadem, even 
in its simplest form, as a decoration which was 
properly Oriental. It is commonly represented on 
the heads of Eastern monarchs. Justin 5 relates 
that Alexander the Great adopted the large diadem 
of the kings of Persia, the ends of which fell upon 
the shoulders, and that this mark of royalty was 
preserved by his successors. 6 Antony assumed it 
in his luxurious intercourse with Cleopatra in 
Egypt. 7 ./Elian says 8 that the kings of that coun- 
try had the figure of an asp upon their diadems. 

In process of time, the sculptors placed the dia- 
dema on the head of Jupiter, and various other di- 
vinities besides Bacchus (see examples at p. 245, 
292), and it was also gradually assumed by the 
sovereigns of the Western world. It was tied bo- 
hind in a bow ; whence Tacitus 9 speaks of the Eu- 
phrates rising in waves " white with foam, so as to 
resemble a diadem." By the addition of gold and 
gems, 10 and of pearls from the Erythrean Sea, 11 and 
by a continual increase in richness, size, and splen- 
dour, this bandage was at length converted into the 
crown which has been for many centuries the badge 



1. (Antiche Lucerne Sepolcrali, i., 24.)— 2. (Val. Max.,vi., 2. 
7.) — 3. (H. N., vii., 57.) — 4. (iv., p. 250, ed. Wesseling.)— 5. 
(xii., 3.)— 6. (See also Lucian, Dial. Diog. et Alex.) — 7. (Flo- 
ras, iv., 11.) — 8. (V. II., vi., 38.) — 9. (Ann., vi., 37, 2.) — 1* 
(Isidor., Orig., xix., 31.)— 11. (Claud.. Epithal.) 



DLETETICA. 



DLETET1CA. 



oi sovereignty it modern Europe. It must have 
been merely in jc<ce that the surname of Diadema- 
tus was given to L. Metellus, who, in order to con- 
ceal an ulcer, had his head for a long time surround- 
ed with a bandage. 1 

DlABATE'RIA (ScaCaTT/pia) was a sacrifice of- 
fered to Zeus and Athena by the Kings of Sparta 
upon passing the frontiers of Lacedaemon with the 
command of an army. If the victims were unfa- 
vourable, they disbanded the army and returned 
home. 3 

DIADICAS'IA (diadiKaoia), in its most extended 
sense, is a mere synonyme of dian : technically, it 
denotes the proceedings in a contest for prefer- 
ence between two or more rival parties ; as, for 
instance, in the case of several claiming to succeed 
as heirs or legatees to the estate of a deceased per- 
son. Upon an occasion of this kind, it will be ob- 
served that, as all claimants are similarly situated 
with respect to the subject of dispute, the ordinary 
classification of the litigants as plaintiffs and de- 
fendants becomes no longer applicable. This, in fact, 
is the essential distinction between the proceedings 
in question and all other suits in which the parties 
appear as immediately opposed to each other ; but, 
as far as forms are concerned, we are not told that 
they were peculiarly characterized. Besides the 
case above mentioned, there are several others to 
be classed with it in respect of the object of pro- 
ceedings being an absolute acquisition of property. 
Among these are to be reckoned the claims of pri- 
vate creditors upon a confiscated estate, and the 
contests between informers claiming rewards pro- 
posed by the state for the discovery of crimes, &c, 
as upon the occasion of the mutilation of the Her- 
mae 3 and the like. The other class of causes in- 
cluded under the general term consists of cases like 
the antidosis of the trierarchs (vid. Antidosis), con- 
tests as to who was to be held responsible to the 
6tate for public property alleged to have been trans- 
ferred on one hand and denied on the other,* and 
questions as to who should undertake a choregia, 
and many others, in which exemptions from person- 
al or pecuniary liabilities to the state were the sub- 
ject of claim by rival parties. In a diadicasia, as 
in an ordinary dinn, the proper court, the presiding 
magistrate, and the expenses of the trial, mainly 
depended upon the peculiar object of the proceed- 
ings, and present no leading characteristics for dis- 
cussion under the general term. 5 

DIAD'OSEIS (dtadooeic). {Vid. Dianomai.) 

DLETA. (Fid. House.) 

DLETE'TICA or DLOTE'TICE (diaiTVTcic^), 
one of the' three principal branches into which the 
ancients divided the art and science of medicine. 
(Vid. Medicina.) The word is derived from diaira, 
which meant much the same as our word diet. It 
is defined by Celsus 6 to signify that part of medi- 
cine qua victu medetur, " which cures diseases by 
means of regimen and diet ;" and a similar expla- 
nation is given by Plato. 7 Taken strictly in this 
sense, it would correspond very nearly with the 
modern dietetics, and this is the meaning which (as 
far as the writer is aware) it always bears in the 
earlier medical writers, and that which will be ad- 
hered to in the present article ; in some of the later 
authors it seems to comprehend Celsus's second 
grand division, QapfianevTiKT}, and is used by Scri- 
bonius Largus 8 simply in opposition to chirurgia, so 
as to answer exactly to the province of our physi- 
cian. 

- — - 

1. (Pliu., H. N., xxxiv., 8. )— 2. (Xen., De Rep. Lac., xi., 2. 
*-Thucyd., v., 54, 55, 116. — Wachsmuth, II., i., p. 391.)— 3. 
Andoc., 14.) — 4. (as in Dem., c. Everg. etMnes.)— 5. (Platner, 
Process und Klagen, ii., p. 17, s. 9.) — 6. (De Medic, Prafat. in 
lib. i.) — 7. (ap. Diog. I.aert., iii., 1, t) 85.) — 8. (De Compos. 
Medjcam.. t) 200.) 



No attention seems to have been paid to ttL, 
branch of medicine before the date of Hippocrates; 
or, at least, it would seem that, whether Homer 
meant to represent it as it was in his own time, or 
as he supposed it to have been during the Trojan 
war, it must have been (according to our modern 
notions) very defective and erroneous. For instance, 
he represents Machaon, who had been wounded in 
the shoulder by an arrow, 1 and forced, to quit the 
field, as taking a draught composed of wine, goat's- 
milk cheese, and flour, 2 which certainly no modern 
surgeon would prescribe in such a case. 3 Hippoc- 
rates seems to claim for himself the credit of being 
the first person who had studied this subject, and 
says the " ancients had written nothing on it worth 
mentioning."* Among the works commonly ascri- 
bed to Hippocrates, there are four that bear upon 
this subject, viz. : 1. Tlepl Aiairnc 'Yyuivr/c, De Sa- 
lubri Victus Ratione ; 2. Tlepl Aiairvc, De Victus 
Ratione, in three books ; 3. Tlepl Aiai-rjc 'Ogiuv, De 
Ratione Victus in Morbis Acutis ; and, 4. TLepi Tpo- 
<j>7jc, De Alimento. Of these the third only is con- 
sidered to be undoubtedly genuine ; but the first 
was probably written by his son-in-law Polybus ; 
the second, though evidently not all composed by 
the same author, is supposed to be as old as Hippoc- 
rates ; and the fourth, if not the work of Hippoc- 
rates himself, is nevertheless very ancient. 5 There 
is also a good deal of matter on this subject in his 
other works, as regimen and diet was the first, the 
chief, and often the only remedy that he employed. 
Besides these treatises by Hippocrates and his con- 
temporaries, on the first, third, and fourth of which 
Galen has left a commentary, the following works 
on the subject by later authors are still extant : 
Galen, Tlepl Tpocjxjv Avvufieuc, De Alimentorum Fa- 
cultatibus ; Id., Tlepl Ei)xv{J.£ac nal Kanoxv/iiag Tpo- 
(buv, De Probis et Pravis Alimentorum Succis ; Id., 
Tlepl ttjc Kara rbv 'iTnToupdrnv Aiairnc eirl tuv '0£- 
eov Noanfidrcov, De Victus Ratione in Morbis Acutis 
ex Hippocratis Sententia ; Michael Psellus, Tlepl Ai- 
am\c, De Victus Ratione; Theodorus Priscianus, 
Diata, site de Salutaribus Rebus ; Constantinus 
Afer, De Victus Ratione Variorum Morborum. To 
these may be added the famous Regimen Sanitatis 
Salerniianum ; a treatise by Isaac (Ishak Ben So- 
leiman), De Dicetis Univcrsalibus et P articular ibus , 
another corruptly entitled Tacuini Sanitatis Ellu- 
chasem Elimithar de Sex Rebus non Naturalibus ; 
and another by the celebrated Maimonides (Moshch 
Ben Maimori), De Rcgimin.c Sanitatis : besides sev- 
eral chapters in the works of Haly Abbas, Avicen- 
na, and Mesue. It would be out of place here to 
attempt anything like a complete account of the 
opinions of the ancients on this point ; those who 
wish for more detailed information must be referred 
to the different works on medical antiquities, while 
in this article mention is made of only such partic* 
ulars as may be supposed to have some interest for 
the general reader. 

In the works above enumerated, almost all the 
articles of food used by the ancients are mentioned, 
and their real or supposed properties discussed, 
sometimes quite as fancifully as by Burton in his 
Anatomy of Melancholy. In some respects they ap- 
pear to have been much less delicate in their tastes 
than the moderns, as we find the flesh of the fox, 
the dog, the horse, and the ass spoken of as com- 
mon articles of food. 6 With regard to the quantity 
of wine drunk by the ancients, we may arrive at 
something like certainty from the fact, that Caelius 

1. (II., xi., 507.)— 2. (Ibid., 638.)— 3. (See Plato, De Republ 
iii., p. 405, 406.— Max. Tyr., Serm., 29. — Athenseus, i., t> 17, p 
10.)— 4. (De Rat. Vict, in Morb. Acut., torn. ii.,p. 20, ed. Kuhn., 1 
—5. (Vid. Fabric, Bibl. Gr., vol. ii., ed. Ifarles.)— 6. (Pscudo 
Hippocr., De Vict. Rat , lib. ii., torn, i., p- 679, 680.) 

351 



ni2ETj!/noA. 



DIA1TETAI. 



Auvelianus mentions it as something extraordinary 
mat the famous Asclepiades, at Rome, in the sev- 
enth century A.U.C., sometimes ordered his patients 
to double and treble the quantity of wine, till at last 
they drank ha)f win"*, and half water, 1 from which it 
appears that wine was commonly diluted with five 
or six times its quantity of water. Hippocrates 
recommends wine to be mixed with an equal quan- 
tity of water, and Galen approves of the proportion ; 
»ut Le Clerc 2 thinks that this was only in particular 
cases. In one place 3 the patient, after great fa- 
tigue, is recommended fiedvcdf/vat uwa^ y dec, in 
which passage it has been much doubted whether 
actual intoxication is meant, or only the " drinking 
freely and to cheerfulness," in which sense the 
same word is used by St. John* and the LXX. b 
According to Hippocrates, the proportions in which 
wine and water should be mixed together vary ac- 
cording to the season of the year ; for instance, in 
summer the wine should be most diluted, and in 
winter the least so." Exercise of various sorts, 
and bathing, are also much insisted upon by the 
writers on diet and regimen ; but for farther partic- 
ulars on these subjects, the articles Baths and Gym- 
nasium must be consulted. It may, however, be 
added, that the bath could not have been very com- 
mon, at least in private families, in the time of Hip- 
pocrates, as he says 7 that " there are few houses in 
which the necessary conveniences are to be found." 
Another very favourite practice with the ancients, 
both as a preventive of sickness and as a remedy, 
was the taking of an emetic from time to time. 
The author of the treatise De Victus Ratione, false- 
ly attributed tc Hippocrates, recommends it two or 
three times a month. 8 Celsus considers it more 
beneficial in the winter than in the summer, 9 and 
says that those who take an emetic twice a month 
had better do so on two successive days than once 
a fortnight. 10 At the time in which Celsus wrote, 
this practice was so commonly abused, that Ascle- 
nades, in his work De Sanitate Taenia, rejected 
the use of emetics altogether : " Offensus," says 
Celsus, 11 " corum consuetudine, qui quotidie ejicien- 
do vorandi facultatem moliuntur." 1 * It was the cus- 
tom among the Romans to take an emetic imme- 
diately before their meals, in order to prepare them- 
selves to eat more plentifully ; and again soon after, 
so as to avoid any injury from repletion. Cicero, 
in his account of the day that Caesar spent with 
him at his house in the country, 13 says, " Accubuit, 
eustiktjv agebat, itaque et edit et bibit uSeuc et ju- 
cunde. ;" and this seems to have been considered a 
sort of compliment paid by Caesar to his host, as it 
intimated a resolution to pass the day cheerfully, 
and to eat and drink freely with him. He is repre- 
sented as having done the same thing when he was 
entertained by King Deiotarus. 14 The glutton Vi- 
tellius is said to have preserved his own life by con- 
«ta".t emetics, while he destroyed all his compan- 
ions who did not use the same precaution, 15 so that 
one of them, who was prevented by illness from 
dining with him for a few days, said, "I should 
certainly havp been dead if I had not fallen sick." 
Even women, after bathing before supper, used to 
drink wine and throw it up again, to sharpen their 
appetite 

[Falerni] " sextarius alter 
Ducitvr ante cibum, rabidam facturus orexim:" 16 

"*t (De Morh Chron., lib. iii., c. 7, p. 386.)— 2. (Hist, de la 
Med.) — 3. (Pseudo-IIippocr., De Vict. Rat., lib. iii., in fin.) — 4. 
(ii., 10.)— 5. (Gen., xliii., 34. — Cant., v., 1 ; and perhaps Gen., 
ir., 21.) — 0. (Compare Celsus, De Medic, i., 3, p. 31, ed. Ar- 
gent.)— 7. (De Rat. Vict, in Morb. Acut., p. 62.)— 8. (lib. iii., 
p. 710.)—9. (De Medic, i., 3, p. 28.)— 10 (Ibid., p. 29.)— 11. 
(Foil, p. 27.)— 12. (See also Plin., H. N., xxvi., 8.)— 13. (ad 
Att., xiii., 52.)— 14. (Cic, Pro Deiot., c 7.)— 15. (Suet., Vitell., 
»• 13.— Dion Cass., lxv., 2.)— 16. (Juv., Sat., vi., 427, 428.) 
352 



so that it might truly be said, in the strong language 
of Seneca, 1 " Vomunt, ut edant ; edunt, ut to- 
■mant." 2 By some the practice was thought so ef- 
fectual for strengthening the constitution, that it 
was the constant regimen of all the athletae, or pro- 
fessed wrestlers, trained for the public shows, in 
order to make them more robust. Celsus, howev- 
er, 3 warns his readers against the loo frequent use 
of emetics without necessity, and merely for luxury 
and gluttony, and says that no one who has any re- 
gard for his health, and wishes to live to old age, 
ought to make it a daily practice.* 

DIAGR'APHEIS (Staypaplc). (Vid. Eisphora.) 

DIAITE'TAI (duuTqrai). The 6iatT V Tal, or ar- 
bitrators mentioned by the Athenian orators, were 
of two kinds ; the one public, and appointed by lot 
(/cA^pwrot), the other private, and chosen {aiperoi) 
by the parties who referred to them the decision of 
a disputed point, instead of trying it before a court 
of justice ; the judgments of both, according to 
Aristotle, being founded on equity rather than law 
(6 yap dLa.LTr)T7]c to etuelkec opu, 6 de diKa<7T7]r rbv vo- 
jiwv 5 ). We shall, in the first place, treat of the diai- 
rrjral KhypuToi, following, as closely as possible, the 
order and statements of Hudtwalcker in his treatise 
" Uebcr die offent lichen und Privat- Schiedsrichter Did- 
teten in Athcn, und den Process vor denselbcn. ,y 

According to Suidas, 6 the public dtatryrat were 
required to be not less than 50 years of age ; ac- 
cording to Pollux 7 and Hesychius, not less than 60 
With respect to their number there is some difficul 
ty, in consequence of a statement of Ulpian, 8 ac- 
cording to which it was 440, i. e., 44 for each tribe 
(fjaav 6e riaaapEC Kal TsaaapuKovra, nad' knaorvv 
tpvAr/v). This number, however, appears so unne- 
cessarily large, more especially when it is consirt 
ered that the Attic orators frequently speak of only 
one arbitrator in each case, that some writers have, 
with good reason, supposed the reading should be, 
Tjaav 6e TECGapunovra, rsaaapEc k. e. <j>. At any rate, 
litigious as the Athenians were, it seems that 4*> 
must have been enough for all purposes. 

The words nad' Enuornv tyvkijv imply that each 
tribe had its own arbitrator ; an inference which is 
supported by Demosthenes, 9 where he speaks of the 
arbitrators of the CEneid and Erectheid tribes ; as 
well as by Lysias, 10 who, in the words TrpooKAiiea/Lts-- 
voc avrbv Ttpbc rove ry 'lirTrodouvrcdt dtKu^ovrac, is 
thought to allude to the diairtjTai of the Hippothoon- 
tid tribe. With regard to the election of these offi- 
cers, it is doubtful whether they were chosen by the 
members of the tribe for which they adjudicated, or 
in a general assembly of the people. Hudtwalcker 
inclines to the latter supposition, as being more 
probable ; we do not think so ; for it seems just as 
likely, if not more so, that the four arbitrators of 
each tribe were chosen in an assembly of the tribe 
itself. Again, whether they were appointed for life, 
or only for a definite period, is not expressly men 
tioned by the orators ; but as none of the Athenian 
magistrates, with the exception of the Areiopagites, 
remained permanently in office, and Demosthenes 1 ' 
speaks of the last day of the 11th month of the 
year as being the last day of the diatrnrai (7 teaev- 
raia rjfiepa ru>v dtaLTqTtiv), it seems almost certain 
that they were elected for a year only. The only 
objection to this conclusion arises from a statement 
in a fragment of Isaeus, 12 where an arbitrator is 
spoken of as being engaged on a suit for two years 
{6vo ett} rov dLairrjTov ttjv diicnv exovtoc) : if, howev- 
er, we admit the conjectural reading ruv diaiTnTtiv, 



1. (Cons, ad Helv., 9 « 10.) — 2. (Compare Seneca, De Provid., 
c 4, 4 11.— Id., Epist., 95, 4 21.)— 3. (1. c,p. 28.)— 4. (See Mid- 
dleton's Life of Cicero. — Casaubon ad Suet., 1. c)— 5. (Rhet , 
i., 13.)— 6. (s. v.)— 7. (viii., 126.)— 8. (Demosth., c. Meu\ .. 542J 
15 )— 9. .'c.Euer?., 1142,25.)— 10. (c Panel., 731.)— 11. (c. Meat* 
542, 15.;— 12. p 361, ed. Reiske.) 



DIAHETAI. 



DIAITETAI. 



the meaning would be in accordance with what we 
infer from other authorities, and would only imply- 
that the same cause came before the arbitrators of 
two different years, a case which might not unfre- 
quently happen ; if, on the contrary, the reading of 
the text is correct, we must suppose that it was 
sometimes necessary or convenient to re-elect an 
arbitrator for the decision of a particular case. 

After discussing this subject, Hudtwalcker raises 
the question whether or not the public SiairrjTai 
took any general oath before entering upon their du- 
ties. The point is not one of great importance, and 
therefore we shall only observe that such a guaran- 
tee would seem to be unnecessary ; for we read of 
their taking oaths previous to giving judgment in the 
particular cases which came before them. 1 From 
this circumstance we should infer that no oath was 
exacted from them before they entered upon office : 
Hudtwalcker is of the contrary opinion, and sug- 
gests that the purport of their oath of office (amt- 
seid) was the same as that of the Heliastic oath 
given by Demosthenes. 2 

The dtaiTTjrat of the different tribes appear to 
have sat in different places ; as temples, halls, and 
courts of justice, if not wanted for other purposes. 
Those of the QEneid and the Erectheid tribes met 
in the heliaea; 3 we read of others holding a court in 
the delphinium, 4 and also in the arod ttoikiXt}. 5 
Again we are told of slaves being examined by the 
dtatTtjTat, sitting for that purpose, under the appel- 
lation of fiaaavLorai (vid. Basanos), in the hephais- 
teium, or TempleofHephaistos. 6 Moreover, we are 
toid of private arbitrators meeting in the Temple of 
Athena on the Acropolis ; and, if the amended 
reading of Pollux'' is correct, we are informed by 
him, in general terms, that the arbitrators formerly 
held their courts in the temples (Aty-ov ev iepolg 
TiuAci). Harpocration also 9 contrasts the dicasts 
with the arbitrators, observing that the former had 
regularly appointed courts of justice (inrodedeiy- 
uiva.) 

Another point of difference was the mode of pay- 
ment, inasmuch as the dicasts received an allow- 
ance from the state, whereas the only remuneration 
of the 6tacT7jTac was a drachma deposited as a nap- 
daTaacg 9 by the complainant on the commencement 
of the suit, the same sum being also paid for the dv- 
ruuoaia, and every v-K^/xoaia sworn during the pro- 
ceedings. 10 

The TrapdaTaai? of which we have been speaking 
is the same as the dpaxfirj tov AenrofiapTvplov men- 
tioned by Demosthenes. 11 The defendant in this 
case had failed to give evidence as he ought to 
have done, and therefore the plaintiff commenced 
proceedings against him for this arbitrary neglect 
before the arbitrators in the principal suit, the first 
step of which was the payment of the napdaraacc. 

The public arbitrators were vitevdvvot, i. e., every 
one who had, or fancied he had, a cause of com- 
plaint against them for their decisions, might pro- 
ceed against them by eioayyeMa, or information 
laid before the senate. For this purpose, says Ul- 
pian, whose statement is confirmed by Demosthe- 
nes 18 in the case of Straton, the public diaetetae were, 
towards the close of their year of office, and during 
Ihe latter days of the month Thargelion, required to 
present themselves in some fixed place, probably 
near the senate-house, that they might be ready to 
inswer any charge brought against them, of which 



1. (Isaeus, De Dicaeog-. IIered.,p. 54.— Demosth., c. Callip., p. 
1244.)— 2. (c. Timocr., 747.)— 3. (Demosth., c. Euerg., 1142, 
25.)-4. (Id., c ttceot., ii., 1011.)— 5. (Id., c. Steph., i., 1106.)— 
6. (Isocr., T><7T£C,361, 21, ed. Bekker.)— 7. (Onom., viii., 120.) 
—8. (s. v.)— 9. (Pollux, Onom., viii., 39.)— 10. (Pollux, viii., 39 
and 127. — Harpocr., s. v. — Compare BSekh, vol. ii., p. 207, 
nans!.)— 11. ( C . Timoth., 1190.)— 12. (c. MeiU.) 
Y Y 



they received a previous notice. The punishment, 
in case of condemnation, was drifila, or the loss of 
civic rights. Harpocration, 1 however, informs ua 
that the daayyzkia against the arbitrators was 
brought before the dicasts or judges of the regular 
courts ; but this probably happened only on appeal, 
or in cases of great importance, inasmuch as the 
(3ov?irj could not inflict a greater penalty than a fine 
of 500 drachmae with art/ida. 

We may now discuss the competency of the diae- 
tetae, i. e., the extent of their jurisdiction, with re- 
spect to which Pollux 2 states, that in former times 
no suit was brought into a court before it had been, 
investigated by the diaetetae (-Kdlai ovdefiia 6[kj] nplv 
£7i7, diccTTjTuc kWzlv eiafiyero). There can be but 
little doubt that the word na^ai here refers to a 
time which was ancient with reference to the age 
of the Athenian orators, and therefore that this pre- 
vious investigation was no longer requisite in the 
days of Demosthenes and his contemporaries. Still 
we find the diaetetae mentioned by them in very 
many cases of civil actions, and it is not unlikely 
that the magistrates, whose duty it was to bring ac- 
tions into court (sladyetv), encouraged the process 
before the arbitrators, as a means of saving the 
state the payment which would otherwise have 
been due to the dicasts. ' Hudtwalcker is accord- 
ingly of opinion that the diaetetae were competent to 
act in all cases of civil action for restitution or com- 
pensation, but not of penal or criminal indictments 
(ypa<j)cu) ; and, moreover, that it rested with the com- 
plainant whether his cause was brought before them 
in the first instance, or sent at once to a higher 
court of judicature. 4 

But, besides hearing cases of this sort, the dian n 
rat sat as commissioners of inquiry on matters ef 
fact which could not be conveniently examined in a 
court of justice, 5 just as what is called an " issue" 
is sometimes directed by our own Court of Chan- 
cery to an inferior court, for the purpose of trying a 
question of fact, to be determined by a jury. Either 
party in a suit could demand or challenge {npoKa- 
leladaL) an inquiry of this sort before an arbitra- 
tor, the challenge being called 7rp6K?,rjaig : a term 
which was also applied to the " articles of agree- 
ment" by which the extent and object of the inqui- 
ry were defined. 6 Many instances of these npo- 
Kki)OLLs are found in the orators ; one of the most 
frequent is the demand or offer to examine by tor 
ture a slave supposed to be cognizant of a matter in 
dispute, the damage which might result to the own- 
er of the slave being guarantied by the party who 
demanded the examination. 7 See also Demosthe- 
nes, 8 who observes that the testimony of a slave, 
elicited by torture, was thought of more value by 
the Athenians than the evidence of freemen. (Vid. 
Basanos.) Another instance, somewhat similar to 
the last, was the irpoKhTjcic- elg fiaprvpiav, 9 where a 
party proposed to his opponent that the decision of 
a disputed point should be determined by the evi- 
dence of a third party. 10 Sometimes, also, we read 
of a Trp6it2.7}cnc, by which a party was challenged to 
allow the examination of documents, as wills, 11 
deeds, bankers' books, &c. 12 

It is manifest that the forms and objects of a 
7rpo/cA??crtf would vary according to the matter in 
dispute, and the evidence which was producible ; 
we shall therefore content ourselves with adding 
that the term was also used when a party chal- 
lenged his adversary to make his allegation under 

1. (s. v.)— 2. (viii., 126.)— 3. (Bockh, vol. i., p. 317, transl.)— 
4. (Demosth., c. Androt., 601, 18.) — 5. (Demosth., c. Steph., 
1106.) — 6. (Demosth., c. Neaer., 1387.) — 7. vllaroocr., s. v 
np6 K \r}ois.)— 8. (Onetor, i., 874.)— 9. (Pollux, viii'., 62.)— 10 
(Antiphon., de Choreut., p J 44, ed. Bekker.) — 11. (Demosth., •• 
Steph., 1104.)— 12. (Id., c Timoth., 1197. I.) 

35* 



JDIA1TETAI. 



DIAITETAL 



the sanction of an oath, or offered to lAake his own 
statements under the same obligation. 1 

The presumption or prepossession which might 
arise from a voluntary oath in the last case, might 
be met by a similar rcpoicXricrLc, tendered by the op- 
posite party, to which the original challenger ap- 
pears to have had the option of consenting or not, 
as he might think proper. 2 In all cases where any 
of these investigations or depositions were made be- 
fore the dieetetae, we may conclude with Hudt- 
walcker, 3 that they might be called as witnesses in 
subsequent stages of the action, either to state the 
evidence they had taken, or to produce the docu- 
ments they had examined, and which were depos- 
ited by them in an echinus. (Vid. Appellatio, 
Greek.) 

We will now speak of the proceedings in the 
trials before the public arbitrators ; these were of 
two sorts : 1st. When two parties agreed by a regu- 
lar contract to refer a matter in dispute to a judge 
or judges selected from them. 2dly. When a cause 
was brought before a public arbitrator, without any 
such previous compromise, and in the regular course 
of law. The chief difference seems to have been 
that, in case of a reference by contract between two 
parties, the award was final, and no appeal could 
be brought before another court, though the unsuc- 
cessful party might, in some instances, move for a 
new trial (tt)v firj ovaav uvrLXaxelv*). Except in this 
point of non-appeal, an arbitrator who was selected 
from the public dtaLT^rac by litigant parties, seems 
to have been subject to the same liabilities, and to 
have stood in the same relation to those parties as 
an arbitrator appointed by lot: the course of pro- 
ceeding also appears to have been the same before 
both, 5 an account of which is given below. It 
must, however, be first stated, that there are strong 
reasons in support of Hudtwalcker's opinion, that 
whenever a suiter wished to bring an action before 
one or more of the public diastetas, he applied to one 
of the many officers called eloayuyelc, 6 whose duty 
it was to bring the cause (dadyew) into a proper 
court. By some such officer, at any rate, a requi- 
site number of arbitrators was allotted to the com- 
plainant, care being taken that they were of the 
same tribe as the defendant. 7 Pollux 8 informs us 
that if a 6iaiTi7T7/c refused to hear a cause, he might 
be punished with arifiia : but it appears that under 
extraordinary circumstances, and after hearing the 
case, a diaetetes sometimes refused to decide him- 
self, and referred the parties to a court of justice 
{ova aizeyva tt]c Scktjc, uXK ktyrjuev fyuag elg to dinac- 
iriptov 9 ). 

We may now state the process before the public 
diaetetae. After complaint made, and payment of 
the 'Kapdaraaig, the plaintiff supported his averment 
by an oath, to the effect that his accusation was 
true, which the defendant met by a like oath as to 
the matter of his defence. When the oath {civtcj- 
uoaia) had been thus taken by the parties, the arbi- 
trators entered upon the inquiry, heard witnesses, 
examined documents, and held as many conferences 
(avvodoi) with the parties as might be necessary for 
the settlement of the question. 10 The day of pro- 
nouncing judgment (rj aKofyacig tt)c SUtjc 11 ) was 
probably fixed by law, if we may judge from the 
name (rj nvpia scil. v/zipa) by which it is called in 
the orators ; it might, however, with consent of 
both parties, be postponed. The verdict given was 



1. (Demosth., c. Apat., 896.— c. Con., 1269, 19.)— 2. (Demosth., 
Timoth., 1203.- -Compare Arist., Rhet., i., 16.)— 3. (p. 48.) — 4. 
(Demosth., c. Meld., 541.) — 5. (Demosth., c. Meid., 541.)— 6. 
(Demosth., c. Lacrit., 940, 5.— Id., c. Pantam., 976, 10.— Pollux, 
Ouom., viii., 93.)— 7. (Harpocr., s. v. AiaiTrtrai.)— 8. (Onom.. 
viii., 126.)— 9. (Demosth., c. Phorm., 913.— Wachsmuth, ii., $ 
100.)— 10. (See authorities, Hudt., p. 80.)— 11. (Demosth., c. 
Kuerg., 1153.) 
364 



countersigned by the proper authorities, perhaps by 
the elaayuyeic, and thereby acquired its validity. 
The archons, mentioned by Demosthenes 1 as hav- 
ing signed a judgment, were probably thesmothetse, 
as the action was a 6inr\ Kawjyopiac, which is, more- 
over, called an cm/z^rof Sena /uvuv fiini], i. e., an 
action where the plaintiff was not required to as- 
sess the damages (cestimare litem), the penalty, ia 
case of a verdict for him, being determined by law : 
this alone is sufficient to prove that the diaetetae 
sometimes decided in cases where the plaintiff sued 
for damages, as distinguished from those in which 
he sought restitution of rights or property ; nor, in- 
deed, does there seem any reason for supposing 
that their jurisdiction was not extended to the uyej- 
ver Ti/j,r/TOL, or actions where the plaintiff was re- 
quired to assess or lay his damages, provided the 
assessment did not exceed some fixed amount. In 
support of this opinion we may adduce the authority 
of Pollux, 8 who expressly states that the plaintiff 
might assess his damages before the arbitrators, 
when the law did not do so for him (kveypaipev kv 
tg> ypafiuareiu to lyKki)fia koX to Tt/J.7jfj.a). 

If the defendant were not present on the proper 
day to make his last defence, judgment went against 
him by default (epr/fi7]v w^/le), the arbitrator being 
obliged to wait till the evening (bipe ?)fiepag 3 ). 
Sometimes, however, the time of pronouncing sen- 
tence was deferred in consequence of a deposition 
(vTrufiooia*) alleging a satisfactory cause for post- 
ponement, such as sickness, absence from town, 
military service, or other reasons. To substantiate 
these, the applicant, when possible, appeared per- 
sonally ; but if a party was prevented from appear- 
ing on the day of trial by any unexpected event, 
the vTTCifjioala might be made on oath by authorized 
friends. 5 The virupioala might be met by a counter- 
statement (avdw7T0)/ioGt,a) from the opposite party, 
affirming his belief that the reasons alleged were 
fictitious or colourable. In connexion with this 
point, we may observe that, according to Pollux,* 
the motion for a new trial could only be sustained 
in cases where the applicant had made a virofioaia, 
and demurred either personally or by proxy against 
the passing of judgment on the regular day. More- 
over, it was incumbent on the party who wished 
for a new trial to move for it within ten days after 
judgment had been pronounced, and even then he 
was obliged to take a kind of vixtdfioala, to the effect 
that his absence on the proper day was involuntary 
(djioaag jut) iicuv eidiLTcelv ttjv dtatTav 1 ). In default 
of compliance with these conditions, the previous 
sentence was confirmed. 8 We are told also by 
Photius, 9 that it was competent for plaintiff as well 
as defendant to move for a new trial on the grounds 
we have mentioned. When it was granted, the 
former verdict was set aside (?) kprjfi?] ekvtTo), and 
the parties went again before an arbitrator, probably 
through the instrumentality of the eloayuyelc, to 
whom application had been made in the first in- 
stance. The process itself is called avriXr/tjig in 
Greek, and does not seem to have been confined tr 
trials before the diaiTTjTai : the corresponding term 
in Roman law is restauratio eremodicii. 

This, however, was not the only means of setting 
aside a judgment, inasmuch as it might also be ef- 
fected by an tfecic, or appeal to the higher courts 
(vid. Appellatio, Greek), and if false evidence had 
been tendered, by a ^Iktj nanoTexvitiv. 10 For an ac- 
count of the proceedings consequent upon non-com- 



1. (c. Meid., 542.)— 2. (viii., 127.)— 3. (Demosth., c. Meid- 
541.— Id., c. Timoth., 1190.)— 4. (Pollux, viii., 60.- -Havpocr., e 
v.)— 5. (Demosth., c. Olymp., 1174, 4.— Pollux, Onom., vih. ; 
56.)— 6. (viii., 60.)— 7. (Pollux, Onom., viii., 60.) — 8. (Demosth-, 
c. Meid., 542.)— 9. (Lex., s. v. Mr) oZaa SUr).)— 10. (Haipocr 
s. v.— Demosth., c. Timoth., 1201, 5.) 



DIAMARTYRIA. 



DIAPSEPH1S1S. 



pliance with a final judgment, see Enechyra and 
Exoules Dihe. 

We will now speak of the strictly private arbi- 
trators, chosen by mutual agreement between con- 
tending parties, and therefore generally distinguished 
by the title aitysreC, of whom it must be understood 
that they were noi selected from the dcatTTjTai of 
the tribes. The powers with which they were in- 
vested were, as we might suppose, not always the 
•ame ; sometimes they were merely dtuXXanTa't, or 
chosen to effect a compromise or reconciliation : 
thus Isaeus 1 speaks of arbitrators offering either to 
bring about a reconciliation if they could, without 
taking an oath, or to make an award (airoQaivecdaL) 
upon oath. Sometimes, on the other hand, they 
were purely referees, and then their powers de- 
pended upon the terms of the agreement of refer- 
ence ; if these powers were limited, the arbitration 
was a diatra km farols* The agreement was not 
merely a verbal contract (stipulatio), but drawn up 
in writing (kiuTpoTtr] Kara owdfjuag 2 ), and signed by 
the parties ; it fixed the number of referees (gener- 
ally three), determined how many unanimous votes 
were necessary for a valid decision, and probably 
reserved or prohibited, as the case might be, a right 
of appeal to other authorities. 4 

If there were no limitations, these dtaiTrjral were 
then, so to speak, arbitrators proper, according to 
the definition of Festus : 5 " Arbiter dicitur judex, 
quod totius ret habcat arbitrium et potestatem." More- 
over, no appeal could be brought against their judg- 
ment ; 6 though we read of an instance of a party 
having persuaded his opponent to leave a matter to 
the arbitration of three persons ; and afterward, 
when he found they were likely to decide against 
himself, going before one of the public arbitrators 
('Eni tov K?iTjpo)Tov 6tai,T7)T7jv eWuv 7 ). We should, 
however, suppose that in this case there was no 
written ovvdrjurj. The award was frequently given 
under the sanction of an oath, and had the same 
force as the judgment which proceeded from a 
court of law, so that it might be followed by a diKrj 
itjovXiie* We may add, that these private 6icuTr)Tai 
are spoken of as sitting h tu iepu>, kv tcj 'HQaiaTetu, 
and that in some cases it was customary to give 
notice of their appointment to the proper archon or 
magistrate (airotyepeiv irpbe ttjv upxvv), who, as Hudt- 
walcker suggests, may have acted as an dcayuyeve 
in the case. 9 

DIAMARTYR'IA (dcafiaprvpia) was a solemn 
protest against the proceedings at the anacrisis, in 
nearly all causes, whether public or private. It 
purported that the action pending could or could 
not be brought into court, and operated as a hin- 
derance to its farther progress until this question was 
decided. The protest was, like all the other pro- 
ceedings at an anacrisis, put in in writing, together 
with the evidence requisite for its corroboration, 
and the question raised by it was decided by the 
tribunal that had cognizance of the original cause. 
The only peculiarity in the conduct of the trial 
seems to have been, that the party against whom 
the protest was made was the first to address the 
court. According to Harpocration, the plaintiff 
was entitled to adopt this method of proceeding 
first, and the protest was only allowed to the de- 
fendant upon his antagonist's omitting to do so ; 
but, besides the two original parties, we are told 
that a third (6 (3ov7i.6fj.evog) might interpose by pro- 
test, and thus pro tempore substitute himself for one 
of the litigants. It seems probable that the epo- 



1. (De Dieaiog. IlereJ., p. 54, ed. Bekk.)— 2. (Isocr., c. Call., 
.V73, ed. Bel*.)— 3. (Demosth., c. Phorm., 912.)— 4. (Isocr., c. 
Call., 375, eti Bekk.— Demosth., c. Apat., 8<J7.:— 5. (p. 15, ed. 
Muller.) — & (Demosth., c. Meid., 545.) — 7. (Demostl , c. 
Apheb., 862.) — 8. (Demosth., c. Callip., 1240, 22.) — 9- (De- 
mo*},., c. Camp., 1244, 14.— Id., c. Meid., 542, 14.) 



belia, or sixth part of the damages estimated in the 
original cause, was forfeited in some diamartyriae,* 
when the protester failed in obtaining a filth of the 
voices of the dicasts ; and in others, a deposite (ttci- 
paKaTa6olrj 2 ) was forfeited by the unsuccessful party 
to his opponent. 3 

DIAMASTIGO'SIS (diapacTiyuo'ic) was a solem- 
nity performed at Sparta at the festival of Artemis 
Orthia, whose temple was called Limnaeon, from its 
situation in a marshy part of the town.* The solem- 
nity was this : Spartan youths (etyrjfioi) were scour- 
ged on the occasion at the altar of Artemis, by 
persons appointed for the purpose, until their blood 
gushed forth and covered the altar. The scourging 
itself was preceded by a preparation, by which those 
who intended to undergo the diamastigosis tried to 
harden themselves against its pains. Pausanias 
describes the origin of the worship of Artemis Or- 
thia, and of the diamastigosis, in the following 
manner : A wooden statue of Artemis, which Ores- 
tes had brought from Tauris, was found in a bush 
by Astrabanes and Alopecus, the sons of Irbus. 
The two men were immediately -struck mad at the 
sight of it. The Limnaeans and the inhabitants of 
other neighbouring places then offered sacrifices to 
the goddess ; but a quarrel ensued among them, in 
which several individuals were killed at the altar 
of Artemis, who now demanded atonement for the 
pollution of her sanctuary. From henceforth hu- 
man victims were selected by lot and offered to 
Artemis, until Lycurgus introduced the scourging 
of young men at her altar as a substitute for human 
sacrifices. 

The diamastigosis, according to this account, 
was a substitute for human sacrifice, and Lycurgus 
made it also serve his purpose of education, in so 
far as he made it a part of the system of hardening 
the Spartan youths against bodily sufferings. 5 Ac- 
cording to another far less probable account, the 
diamastigosis originated in a circumstance, record- 
ed by Plutarch, 6 which happened before the battle 
of Plataeae. 

The worship of Artemis Orthia was unquestion- 
ably very ancient, and the diamastigosis only a step 
from barbarism towards civilization. Many anec- 
dotes are related of the courage and intrepidity 
with which young Spartans bore the lashes of the 
scourge; some even died without uttering a mur- 
mur at their sufferings, for to die under the strokes 
was considered as honourable a death as that on 
the field of battle. 7 

DIAN'OMAI or DIA'DOSEIS (diavo/iai or diado- 
aeic) were public donations to the Athenian people, 
which corresponded to the Roman congiaria. (Vid. 
Congiarium.) To these belong the free distribu- 
tions of corn, 8 the cleruchiae (vid. Cleruchi), the 
revenues from the mines, and the money of the 
theorica. {Vid. Theoricon.) 9 

DIA'PHANE EIMATA (6ia$avrj e'iixara) were 
garments similar to the celebrated Coas vestes of 
the Romans ; but as they are mentioned in Aris- 
tophanes and the earlier Greek writers (dia<f>avij 
Xltuvlo,, 10 1/j.uTia dca^acvovra 11 ), they were probably 
made of muslin and not of silk, which is supposed 
to be the material of which the Coae vestes were 
made. (Vid. Coa Vestip.) 12 

DIAPSE'PHISIS (Sia^caic), a political institu- 
tion at Athens, the object of which was to prevent 
aliens, or such as were the offspring of an unlawful 




DIAPSEPHISIS. 



DICASTERION. 



marriage, from assuming the rights of citizens. As 
usurpations of this kind were not uncommon at 
Athens, 1 various measures had been adopted against 
them (vid. Graphaixenias and Doroxenias) ; but 
as none of them had the desired effect, a new meth- 
od, the dicnjj7J<j>iai(;, was devised, according to which 
the trial on spurious citizens was to be held by the 
demotae, within whose deme intruders were sus- 
pected to exist ; for if each deme separately was 
kept clear of intruders, the whole body of citizens 
would naturally feel the benefit. Every deme, there- 
fore, obtained the right or duty at certain times to 
revise its lexiarchic registers, and to ascertain 
whether any had entered their names who had no 
claims to the rights of citizens. The assembly of 
the demotae, in which these investigations took 
place, was held under the presidency of the de- 
march, or some senator belonging to the deme ; a 
for, in the case brought forward in the oration of 
Demosthenes against Eubulides, we do not find that 
he was demarch, but it is merely stated that he was 
a member of the (3ovl7J. When the demotae were 
assembled, an oath was administered to them, in 
which they promised to judge impartially, without 
favour towards, or enmity against those persons on 
whom they might have to pass sentence. The pres- 
ident then read the names of the demotae from the 
register, asking the opinion of the assembly (diaipTj- 
<j>i&o6cu) respecting each individual, whether they 
thought him a true and legitimate citizen or not. 
Any one, then, had the right to say what he thought 
or knew of the person in question ; and when any 
one was impeached, a regular trial took place. 3 
Pollux* says that the demotae on this occasion gave 
their votes with leaves, and not with pebbles, as was 
usual ; but Demosthenes simply calls them ipjjQoi. 
If a person was found guilty of having usurped the 
rights of a citizen (airoTpr)tyi&adai), his name was 
struck from the lexiarchic register, and he himself 
svas degraded to the rank of an alien. But if he 
did not acquiesce in the verdict, but appealed to the 
great courts of justice at Athens, a heavier punish- 
ment awaited him, if he was found guilty there also ; 
for he was then sold as a slave, and his property 
was confiscated by the state. 6 

If by any accident the lexiarchic registers had 
been lost or destroyed, a careful scrutiny of the 
same nature as that described above, and likewise 
called diaip7}<j>tcig, took place, in order to prevent 
any spurious citizen from having his name entered 
in the new registers. 6 

It is commonly believed that the dicnpTJfpMnc was 
introduced at Athens in B.C. 419, by one Demophi- 
lus. 7 But it has justly been remarked by Siebelis 
on Philochorus, 8 that Harpocration, 9 the apparent 
authority for this supposition, cannot be interpreted 
in this sense. One dia\p7J<f>ioL<; is mentioned by Plu- 
tarch 10 as early as B.C. 445. Clinton 11 has, more- 
over, shown that the dtaipfjQicig mentioned by Har- 
pocration, in the archonship of Archias, does not 
belong to B.C. 419, but to B.C. 347. Compare 
Hermann ; 12 and Schomann, 13 whose lengthened ac- 
count, however, should be read with great care, as 
he makes some statements which seem to be irrec- 
oncilable with each other, and not founded on good 
authority. The source from which we derive most 
information on this subject is the oration of Demos- 
thenes against Eubulides. 



1. (Plut., Pericl., 37.— Harpocr., s. v. IIora/«5f.)— 2. (Harpocr., 
s. v. At'mapxos-)— 3- (Demosth., c. Eubul., p. 1302.— iEschin., 
De Fals. Leg., p. 345.)— 4. (Onom.,viii., 18.)— 5. (Dionys. Hal., 
De Isaeo, c. 16, p. 617, ed. Reiske. — Argument, ad Demosth., c. 
Subul.) — 6. (Demosth., 1. c, p. 1306.) — 7. (Schomann, De Co- 
mitiis, p. 358, transl. — Waehsmuth, Hellen. Alterth., ii., 1, p. 32.) 
—8. (Fragm., p. 61.)— 9. (s. v. Aia^to-'?-)— 10. (Pericl., 37.) 
—11. (I'ast. Hell., ii., p. 141.) —12. (Manual of the Pol. Ant. of 
Greece. * 123, n. 14, &c.)-13 (1. c.) 
356 



DIASIA (Aidcia), a great festival celebrated at 
Athens, without the walls of tbf city (£f« rjfc 7,-6- 
heug), in honour of Zeus, surnamed MeMxio^. 1 
The whole people took part in it, and the wealthiei 
citizens offered victims (lepda), while the poorei 
classes burned such incense as their country fur« 
nished (S-vfiara kiux&pia), which the scholiast on 
Thucydides erroneously explains as cakes in the 
shape of animals. 2 The diasia took place in the 
latter half of the month of Anthesterion, 3 with feast 
ing and rejoicings, and was, like most other festi- 
vals, accompanied by a fair. 4 It was this festival 
at which Cylon was enjoined by an oracle to take 
possession of the acropolis of Athens ; but he mis- 
took the oracle, and made the attempt during the 
celebration of the Olympian games. 5 The etymol- 
ogy of diaoia, given by most of the ancient gram- 
marians (from Atog and acrj), is false ; the name is 
a mere derivative from dtoc, as 'AnoXTuJvia from 
'AttoXXuv. 

DIAULOS. ( Vid. Stadium.) 

DIAZO'MA. (Vid. Subligaculum.) 

DICASTE'RION (diKaarripiov) indicates both the 
aggregate judges that sat in court, and the place it- 
self in which they held their sittings. For an ac- 
count of the former, the reader is referred to the 
article Dicastes ; with respect to the latter, our 
information is very imperfect. In the earlier ages 
there were five celebrated places at Athens set 
apart for the sittings of the judges, who had cogni- 
zance of the graver causes in which the loss of hu- 
man life was avenged or expiated, viz , the areiopa- 
gites and the ephetae. These places were the Arei- 
opagus {vid. Areiopagus), and the enl .Hahladtu, em 
AeXQivlo), £tti TLpvTavEtu, and hv ^pearrol. The an- 
tiquity of these last four is sufficiently vouched for 
by the archaic character of the division of the caus- 
es that were appropriated to each : in the first we 
are told that accidental deaths were discussed ; in 
the second, homicides confessed, but justified ; in 
the third there were quasi trials of inanimate things, 
which, by falling and the like, had occasioned a loss 
of human life ; in the fourth, homicides who had 
returned from exile, and committed a fresh man- 
slaughter, were appointed to be tried. With respect 
to these ancient institutions, of which little more 
than the name remained when the historical age 
commenced, it will be sufficient to observe that, in 
accordance with the ancient Greek feeling respect 
ing murder, viz., that it partook more of the nature 
of a ceremonial pollution than a political offence, the 
presiding judge was invariably the king archon, the 
Athenian rex sacrorum ; and that the places in 
which the trials were held were open to the sky, tc 
avoid the contamination which the judges might 
incur by being under the same roof with a murder- 
er. 6 The places, however, remained after the office 
of the judges who originally sat there was abolish- 
ed ; and they appear from Demosthenes 7 to have 
been occasionally used by the ordinary Heliastic 
judges when trying a cause of the kind to which 
they were originally appropriated. The most im- 
portant court in later ages was the Heliaea, in which, 
we are told by the grammarians, the weightiest 
causes were decided ; and if so, we may conclude 
the thesmothetae were the presiding magistrates. 
Besides this, ordinary Heliastic courts sat in the 
Odeium, in the courts Trigonon, the Greater (M.ei~ 
Cov), the Middle (Meoov), the Green, the Red, that 
of Metiochus, and the Parabyston ; but of these we 
are unable to fix the localities, or to what magis- 
trates it was usual to apportion them. They were 

1. (Thucyd., i., 126.)— 2. (Compare Xen., Anab., vii., 8, $ 4. 
— Lucian, Tim., 7. — Aristoph., Nub., 402, &c.)— 3. (Schol. *d 
Aristoph., 1. c.) — 4. (Aristoph., Nub., 841.) — 5. (Compare Pol- 
lux, Onom., i., 26. — Suidas, s. v.) — G. (Matthice, De Jud Ath. 
157.)— 7. (c. Neeer., 1348, 21.) 



DI CASTES. 



DICASTICON. 



all painted with their distinctive i.olours ; and, it 
appears, had a letter of the alphabet inscribed over 
the doorway. With the exception of the Heliaea, 
and those in which causes of murder were ti ed, 
they were probably protected from the weather. 
The dicasts sat upon wooden benches, which were 
covered with rugs or matting (ipiadia), and there 
were elevations or tribunes (Pr/paTa), upon which 
the antagonist advocates stood during their address 
to the court. The space occupied by the persons 
engaged in the trial was protected by a railing (Spv- 
^a/crotf) from the intrusion of the by-standers ; but 
in causes which bore upon the violation of the mys- 
teries, a farther space of fifty feet all round was en- 
closed by a rope, and the security of this barrier 
guarantied by the presence of the public slaves. 1 

DICASTES {dina(jT7]g), in its broadest accepta- 
tion a judge, more peculiarly denotes the Attic 
functionary of the democratic period, who, with 
his colleagues, was constitutionally empowered to 
try and pass judgment upon all causes and ques- 
tions that the laws and customs of his country pro- 
nounced susceptible of judicial investigation. In 
the circumstance of a plurality of persons being 
selected from the mass of private citizens, and 
associated temporarily as representatives of the 
whole body of the people, adjudicating between 
its individual members, and of such delegates 
swearing an oath that they would well and truly 
discharge the duties intrusted to them, there ap- 
pears some resemblance betw r een the constitution 
of the Attic dicasterion and an English jury, but 
in nearly all other respects the distinctions between 
them are as great as the intervals of space and 
time which separate their several nations. At 
Athens the conditions of his eligibility were, that 
the dicast should be a free citizen, in the enjoyment 
of his full franchise (kiririfiia), and not less than 
thirty years of age ; and of persons so qualified six 
thousand were selected by lot for the service of ev- 
ery year. Of the precise method of their .appoint- 
ment our notices are somewhat obscure ; but we 
may gather from them that it took place every year 
under the conduct of the nine archons and their of- 
ficial scribe ; that each of these ten personages 
drew by lot the names of six hundred persons of 
the tribe assigned to him ; that the whole number 
so selected was again divided by lot into ten sec- 
tions of 500 each, together with a supernumerary 
one, consisting of a thousand persons, from among 
whom the occasional deficiencies in the sections of 
500 might be supplied. To each of the ten sections, 
one of the first ten letters of the alphabet was ap- 
propriated as a distinguishing mark, and a small 
tablet (ttivuklov), inscribed with the letter of the 
section and the name of the individual, was deliv- 
ered as a certificate of his appointment to each di- 
cast. Three bronze plates found in the Piraeus, and 
described by Dodwell, 2 are supposed to have served 
this purpose ; the inscriptions upon them consist of 
the following letters : A. AI0A8P02 <PPEA, E. 
AEINIA2 AAAIEY2, and B. ANTIXAPM02 AA- 
MIT, and bear, besides, representations of owls and 
Gorgon heads, and other devices symbolic of the 
Attic people. The thousand supernumeraries had, 
in all probability, some different token ; but of this 
we have no certain knowledge. 

Before proceeding to the exercise of his func- 
tions, the dicast was obliged to swear the official 
oath; which was done in the earlier ages at a place 
called Ardettus, without the city, on the banks of 
the Ilissus, but in after times at some other spat, 
of which we are not informed. In the time of De- 
mosthenes, the oath (which is given at full length in 
D emosth., c. Timoc, 746) asserted the q ualification 

1. (Meier. An. Proc., p. 141.)— 2. (Travels, i., p. 433-437.) 



of the dicast, and a solemn engagement by him u 
discharge his office faithfully and incorruptibly in 
general, as well as in certain specified cases which 
bore reference to the appointment of magistrates, a 
matter in no small degree under the control of the 
dicast, inasmuch as few could enter upon any office 
without having had their election submitted to a 
court for its approbation (vid. Dokimasia) ; and, be- 
sides these, it contained a general promise to sup- 
port the existing constitution, which the dicast 
would, of course, be peculiarly enabled to do, when 
persons were accused before him of attempting its 
subversion. This oath being taken, and the divis- 
ions made as above mentioned, it remained to as- 
sign the courts to the several sections of dicasts 
in which they were to sit. This was not like the 
first, an appointment intended to last during the 
year, but took place under the conduct of the the* 
mothetee, dc novo, every time that it was necessary 
to empanel a number of dicasts. In ordinary cases, 
when one, two, or more sections of 500 made up 
the complement of judges appropriated to trying the 
particular kind of cause in hand, the process was 
extremely simple. Two urns or caskets (kXtjputtj- 
pta) were produced, one containing tickets inscribed 
with the distinctive letters of the sections, the oth- 
er furnished, in like manner, with similar tickets, to 
indicate the courts in which the sittings were to be 
held. If the cause was to be tried by a single section, 
a ticket would be drawn simultaneously from each 
urn, and the result announced, that section B, for 
instance, was to sit in court T ; if a thousand dicasts 
were requisite, two tablets would, in like manner, be 
drawn from the urn that represented the sections, 
while one was drawn from the other as above men- 
tioned, and the announcement might run that sec- 
tions A and B were to sit in court T, and the like. 
A more complicated system must have been adopt- 
ed when fractional parts of the section sat by them- 
selves, or were added to other whole sections : but 
what this might have been we can only conjecture, 
and it is obvious that some other process of selection 
must have prevailed upon all those occasions when 
judges of a peculiar qualification were required ; as, 
for instance, in the trial of violators of the myste- 
ries, when the initiated only were allowed to judge ; 
and in that of military offenders, who were left to the 
justice of those only wiiose comrades they were, or 
should have been, at the time when the offence was 
alleged to have been committed. It is pretty clear 
that the allotment of the dicasts to their several 
courts for the day took place, in the manner above 
mentioned, in the market-place, and that it was 
conducted in all cases, except one, by the thesmo- 
thetse ; in that one, which was when the magis- 
trates and public officers rendered an account of 
their conduct at the expiration of their term of of- 
fice, and defended themselves against all charges 
of malversation in it (vid. Euthunai), the logistse 
were the officiating personages. As soon as the al- 
lotment had taken place, each dicast received a 
staff, on which was painted the letter and the colour 
of the court awarded him, which might serve both 
as a ticket to procure admittance, and also to dis- 
tinguish him from any loiterer that might endeavoui 
clandestinely to obtain a sitting after business had 
begun. While in court, and probably from the hand 
of the presiding magistrate (qyifiuv dLKaorripLov), he 
received the token or ticket that entitled him to 
receive his fee (dtnaaTLKov) from the Ku?MKpirai. 
This payment is said to have been first instituted by 
Pericles, and was originally a single obolus ; it was 
increased by Cleon to thrice that amount about the 
88th Olympiad. 1 

DICASTICON. (Vid. Dicastes.) 



1. (Meier, Att. Pr->c., 125, &c.) 



357 



DICE. 



DICE 



DIKE (dUrj) signifies generally any proceedings 
»t law by one party directly or mediately against 
others. 1 The object of all such actions is to pro- 
tect the body politic, or one or more of its individ- 
ual members, from injury and aggression ; a dis- 
tinction which has in most countries suggested the 
division of all causes into two great classes, the 
public and the private, and assigned to each its pe- 
culiar form and treatment. At Athens the first of 
these was implied by the terms public Sinai or uyfi- 
veg, or still more peculiarly by ypa<bai : causes of the 
other class were termed private dixcu or ayfivee, or 
simply dUat in its limited sense. There is a still 
farther subdivision of ypa<j>ai into 6rjfxoaiai and idtai, 
of which the former is somewhat analogous to im- 
peachments for offences directly against the state ; 
the latter to criminal prosecutions, in which the 
state appears as a party mediately injured in the 
violence or other wrong done to individual citizens. 
It will be observed that cases frequently arise, 
which, with reference to the wrong complained of, 
may with equal propriety be brought before a court 
in the form of the ypafyrj last mentioned, or in that 
of an ordinary dUrj, and under these circumstances 
the laws of Athens gave the prosecutor an ample 
choice of methods to vindicate his rights by private 
or public proceedings, 2 much in the same way as a 
plaintiff in modern times may, for the same offence, 
prefer an indictment for assault, or bring his civil 
action for trespass on the person. It will be neces- 
sary to mention some of the principal distinctions 
in the treatment of causes of the two great classes 
above mentioned, before proceeding to discuss the 
forms and treatment of the private lawsuit. 

In a 6'lktj, only the person whose rights were al- 
leged to be affected, or the legal protector (fcvpLoc) 
of such person, if a minor, or otherwise incapable 
of appearing suo jure, was permitted to institute an 
action as plaintiff; in public causes, with the ex- 
ception of some few in which the person injured or 
his family were peculiarly bound and interested to 
act, any free citizen, and sometimes, when the state 
was directly attacked, almost any alien, was em- 
powered to do so. In all private causes, except 
those of e^ovlrjg, (3taluv, and k^atpecreog, the penalty 
or other subject of contention was exclusively re- 
covered by the plaintiff, while in most others the 
state alone, or jointly with the prosecutor, profited 
by the pecuniary punishment of the offender. The 
court fees, called prytaneia, were paid in private, 
but not in public causes, and a public prosecutor 
that compromised the action with the defendant 
was in most cases punished by a fine of a thousand 
drachmas and a modified disfranchisement, while 
there was no legal impediment at any period of a 
private lawsuit to the reconciliation of the litigant 
parties. 3 

The proceedings in the dinri were commenced by 
a summons to the defendant (Trpdovc^cr^) to appear 
on a certain day before the proper magistrate (eioa- 
yuysvg), and there answer the charges preferred 
against him.* This summons was often served by 
the plaintiff in person, accompanied by one or two 
witnesses (vid. Cleteres), whose names were en- 
dorsed upon the declaration (Aj?fff or ey/c/l^c). 
If there were an insufficient service of the sum- 
mons, the lawsuit was styled aixpoaKlrjrog, and dis- 
missed by the magistrate. From the circumstance 
of the same officer that conducted the anacrisis be- 
ing also necessarily present at the trial, and as there 
were, besides, dies nefasti (tnrotipudes ) and festivals, 
during which none, or only some special causes 
eould be commenced, the power of the plaintiff in 

1. (Harpocrat. — Pollux, Onom., viii., 40. 41.) — 2. (Demosth., 
B. Andoc, 601.)— 3. (Meier, A-tt. Process, 163.)— 4 'ir-'etoph., 
Nub., 1221.— Av., 1046.) 
358 



selecting his time was, of course, in some degree 
limited ; and of several causes, we know that the 
time for their institution was particularized by law. 1 
There were also occasions upon which a personal 
arrest of the party proceeded against took the [dace 
of, or, at all events, was suiultaneous with, the ser- 
vice of the summons ; as, for instance, when the 
plaintiff doubted whether such party would not 
leave the country to avoid answering the action ; ' 
and, accordingly, we find that, in such cases, 3 an 
Athenian plaintiff might compel a foreigner to ac- 
company him to the polemarch's office, and there* 
produce bail for his appearance, or, failing to do so, 
submit to remain in custody till the trial. The 
word Kareyyvdv is peculiarly used of this proceed- 
ing. Between the service of the summons and ap- 
pearance of the parties before the magistrate, it is 
very probable that the law prescribed the interven- 
tion of a period of five days. 3 If both parties ap- 
peared, the proceedings commenced by the plaintiff 
putting in his declaration, and at the same time de- 
positing his share of the court fees (TcpvTavela), the 
non-payment of which was a fatal objection to the 
farther progress of a cause.* These were very tri- 
fling in amount. If the subject of litigation was ra- 
ted at less than 100 drachmae, nothing was paid ; if 
at more than 100 drachmas and less than 1000 drach- 
mae, 3 drachmas was a sufficient deposite, and so 
on in proportion. If the defendant neglected or re- 
fused to make his payment, it is natural to conclude 
that he underwent the penalties consequent upon 
non-appearance; in all cases, the successful party 
was reimbursed his prytaneia by the other. 5 The 
trapaKaTafjoXr] was another deposite in some cases, 
but paid by the plaintiff only. This was not iij the 
nature nor of the usual amount of the court fees, 
but a kind of penalty, as it was forfeited by the 
suiter in case he failed in establishing his cause. 
In a suit against the treasury, it was fixed at a fifth ; 
in that of a claim to the property of a deceased per- 
son by an alleged heir or devisee, at a tenth of the 
value sought to be recovered. 6 If the action was 
not intended to be brought before an heliastic court, 
but merely submitted to the arbitration of a diaete- 
tes (vid. Diaitetai), a course which was competent 
to the plaintiff to adopt in all private actions, 7 the 
drachma paid in the place of the deposite above 
mentioned bore the name of TzapuGraoig. The de- 
posites being made, it became the duty of the magis- 
trate, if no manifest objection appeared on the face 
of the declaration, to cause it to be written out on 
a tablet, and exposed for the inspection of the pub- 
lic on the wall or other place that served as the 
cause-list of his court. 8 

The magistrate then appointed a day for the far- 
ther proceedings of the anacrisis (vid. Anacrisis), 
which was done by drawing lots for the priority, in 
case there was a plurality of causes instituted at 
the same time ; and to this proceeding the phrase 
"kayx^vetv dinr/v, which generally denotes to bring 
an action, is to be primarily attributed. If the plain- 
tiff failed to appear at the anacrisis, the suit, of 
course, fell to the ground ; if the defendant made 
default, judgment passed against him. 9 Both par- 
ties, however, received an official summons before 
their non-appearance was made the ground of either 
result. An affidavit might at this, as well as at 
other periods of the action, be made in behaJf of a 
person unable to attend upon the given day, and this 
would, if allowed, have the effect of postponing far- 
ther proceedings (vTzu/iooia) ; it might, however, be 



1. (Aristoph., Nub., 1190.)— 2. (Demosth., c. Zenoth., 690 
— c. Aristog., 778.)— 3. (Meier, Att. Process, 5S0. ;— 4. (Matth , 
De Jud. Ath., 261.)— 5. (Meier, Att. Process, 613.)— 6. (Matth., 
De Jud. Ath., 260.)— 7. (Hudtw., De Disetet., 35.)— 8. (Meier, 
Att. Process. 605.)— 9. (Meier. Att. Process. 623.) 



DICE. 



DICTAMNUS. 



comoated by a counter-affidavit to the effect that 
the alleged reason was unfounded or otherwise in- 
sufficient (uvdvncj/iocia) ; and a question would 
arise upon this point, the decision of which, when 
adverse to the defendant, would render him liable 
to the penalty of contumacy. 1 The plaintiff was in 
this case said epf/fiTjv elelv : the defendant, kpyfinv 
bipleiv, dinTjv being the word omitted in both phra- 
ses. If the cause were primarily brought before an 
umpire (diairnT^g), the anacrisis was conducted by 
him ; in cases of appeal it was dispensed with as 
unnecessary. The anacrisis began with the affida- 
vit of the plaintiff (irpo^noala), then followed the 
answer of the defendant (dvroiiocrla or avrtypatpr/) 
(vid. Antigraphe), then the parties produced their 
respective witnesses, and reduced their evidence to 
writing, and put in originals, or authenticated copies 
of all the records, deeds, and contracts that might 
be useful in establishing their case, as well as mem- 
oranda of offers and requisitions then made by ei- 
ther side {itpokItigels). The whole of the documents 
were then, if the cause took a straightforward 
course (evOvdinla), enclosed on the last day of the 
anacrisis in a casket (kxlvog), which was sealed and 
intrusted to the custody of the presiding magistrate 
till it was produced and opened at the trial. Du- 
ring the interval no alteration in its contents was 
permitted, and, accordingly, evidence that had been 
discovered after the anacrisis was not producible at 
the trial. 2 In some causes, the trial before the di- 
casts was by law appointed to come on within a 
given time ; in such as were not provided for by 
such regulations, we may suppose that it would 
principally depend upon the leisure of the magis- 
trate. The parties, however, might defer the day 
(Kvptu) by mutual consent. 3 Upon the court being 
assembled, the magistrate called on the cause,* and 
the plaintiff opened his case. At the commence- 
ment of the speech, the proper officer (6 k(j>' v6op) 
filled the clepsydra with water. As long as the 
water flowed from this vessel, the orator was per- 
mitted to speak ; if, however, evidence was to be 
read by the officer of the court, or a law recited, the 
water was stopped till the speaker recommenced. 
The quantity of water, or, in other words, the length 
of the speeches, was not by any means the same in 
all causes : in the speech against Macartatus, and 
elsewhere, one amphora only was deemed sufficient ; 
eleven are mentioned in the impeachment of iEschi- 
nes for misconduct in his embassy. In some few 
cases, as those of KUKuaig, according to Harpocra- 
tion, no limit was prescribed. The speeches were 
sometimes interrupted by the cry KardBa — "go 
down," in effect, "cease speaking" — from the di- 
casts, which placed the advocate in a serious dilem- 
ma ; for if, after this, he still persisted in his address, 
he could hardly fail to offend those who bid him 
stop ; if he obeyed the order, it might be found, 
after the votes had been taken, that it had emana- 
ted from a minority of the dicasts. 5 After the 
speeches of the advocates, which were, in general, 
two on each side, and the incidental reading of the 
documentary and other evidence, the dicasts pro- 
ceeded to give their judgment by ballot. ( Vid. 
Cadiskoi.) 

When the principal point at issue was decided in 
favour of the plaintiff, there followed, in many cases, 
a farther discussion as to the amount of damages 
or penalty which the defendant should pav. (Vid. 
ATONES ATIMHTOI KAI TIMHTOI.) The meth- 
od of voting upon this question seems to have varied, 
in that the dicasts used a small tablet instead of a 
ballot-ball, upon which those that approved of the 

1. (Demosth.. c. Olymp., 1174.)— 2. (Demosth., c. Boeot., i.. 
WW-)— 3. (Demosth., o. Phaen., 1042.) — 4. (Platner, Process 
*nd Klagen, i., 182.)— 5. (Aristoph., Vesp.. 973.) 



heavier penalty drew a long line, the others a iliort 
one. 1 Upon judgment being given in a private suit, 
the Athenian law left its execution very much in 
the hands of the successful party, who was empow- 
ered to seize the movables of his antagonist as a 
pledge for the payment of the money, or institute 
an action of ejectment (h^ovl^g) against the refrac- 
tory debtor. The judgment of a court of dicasts 
was in general decisive (dlun avroTe?jg) ; but upon 
certain occasions, as, for instance, when a gross 
case of perjury or conspiracy could be proved by 
the unsuccessful party to have operated to his dis- 
advantage, the cause, upon the conviction of such 
conspirators or witnesses, might be commenced de 
novo. (Vid. Appellatio, Greek.) In addition to 
which, the party against whom judgment had pass- 
ed by default had the power to revive the cause, 
upon proving that his non-appearance in court was 
inevitable (ttjv kp^finv dvnlaxdv 2 ) ; this, however, 
was to be exercised within two months after the 
original judgment. If the parties were willing to 
refer the matter to an umpire (dtairrjT^g), it was in 
the power of the magistrate to transfer the proceed- 
ings as they stood to that officer ; and in the same 
way, if the diaetetes considered the matter in hand 
too high for him, he might refer it to the eloayoyevg, 
to be brought by him before an heliastic court. 
The whole of the proceedings before the diaetetes 
were analogous to those before the dicasts, and 
bore equally the name of Stun : but it seems that 
the phrase dvrCkax^lv ttjv firj ovcav is peculiarly ap- 
plied to the revival of a cause before the umpire in 
which judgment had passed by default. (Vid. Di- 

AITETAI.) 

The following are the principal actions, both pub- 
lic and private, which we read of in the Greek wri- 
ters, and which are briefly discussed under their 
several heads : 

Alley Olf Tpafyfj — 'A.ditciag Trpbg rbv drjfiov : 'Ayeup- 
yiov : 'Aypafylov: 'A ypdfyov p.ErdXkov : Alulae: 'AXo- 
ylov : 'Afi&Xuoewg : AijleXlov : 'Avaycjyijg : 'Avavfia- 
x't-ov : 'AvdpaTrodiG/uov : 'Avdpairoduv : Airarrjaeug rov 
6f]uov : 'A$op[i7)(; : 'AiroTielipeog : 'A7roTrmt}>eug: 'A7ro- 
araalov : Aizpoaraalov : 'Apylag : 'Apyvplov : 'Aoe6el- 
ag : 'Aorparelag : Avrofj.o'klag : AvToreXf/g : Be6ai6~ 
oeag : Bialov: BXddng: Bovlev&eug: KaicTjyoplag : 
Kanuaeog : KctKorexvitiv : KdpTrov : KaraTivoeog tov 
drjiiov : KaraaKoit^g : Xpeovg : Xuplov : KAorn^ : Ap- 
Kaafiov : AeiXiag : A6puv : Aopotjeviag : 'Eyyvrjg : 
'EvoikIov : '~E7ciTpL7ipapxv/J.aT0(; : 'ETUTpoTrrjg : 'Efa- 
yuyfjg : 'E^acpeaeug : 'E^ovXng : 'ApTcayrjg : Elpyfiov : 
'Eratp^aeug : 'lepoovMag: 'Y7zo6o?i7)g : "YSpeug: Aet- 
TTOfiaprvplov : Aentovavrlov : AsnToorparlov : Aecko- 
Tatjlov : Miodov : Mcaduoeug ockov : Moixelag : No- 
fila/iarog diatydopug : Olnlag : UapanaTadf/icng '• Ilapa- 
volag : Hapavo/icov : HapairpEadeiag : HapEtoypafyTjg : 
Qapfidnov : Qovov : Qupag dtyavovg nal jU£dTjfj.£plvrjg : 
$6opug t£)v klevdepuv : Upoayoylag : Upodoalag : 
Upoeiff<l>opug : TipotKog : ^tevdeyypatp^g : ^kevdonXT]- 
relag : "i'evdojuaprvptuv : 'PyropiKr/ : 2/cvpm : "Llrov : 
'EvKotyavriag : 2>v[i6oXaio)v or 'LvvdrjKuv irapaddaeug : 
Tpav/uarog £k Trpovolag : Tvpavvidog. 

DFCROTA. (Vid. Biremis.) 

*DICTAMNUS (tiKTdfjLvog), a plant, the Dittany 
of Crete, or Origanum Diclamnus. Virgil gives a 
very striking description of it, and records the pop- 
ular belief of its great efficacy in the cure of wounds. 3 
Pliny and those who came after him also attest its 
great virtues in this respect : the arrow or missile 
with which the wound had been inflicted dropped 
from it on applying the juice of the Dictamnus, antf 
the stags, when wounded by the hunter, caused the 
weapon to fall out from the wound by browsing 
upon this plant ! The moderns make no use of it, 

1. (Aristoj-h.. Vesp., 167.) — 2. (Platner, Process und Kiagen, 
i., 326.;— 3. (-En., aji., 412, seq.) 

359 



DICTATOR. 



DICTATOR. 



experience having shown how little reliance was to 
be placed on these statements. The Dictamnus 
which grew on Mount Ida, in Crete, was the most 
highly esteemed. It is to be regretted that Linnae- 
us has given the name of Dictamnus to a kind of 
plant which has no relation whatever to the one 
mentioned by Virgil. 

DICTATOR. The name and office of dictator 
are confessedly of Latin origin : thus we read of a 
dictator at Tusculum in early, at Lanuvium in very 
late, times. 1 Among the Albans, also, a dictator was 
sometimes elected, as Mettus Fuffetius on the death 
of their king Cluilius. Nor was this magistracy 
confined to single cities ; for we learn from a frag- 
ment of Cato, that the Tusculan Egerius was dicta- 
tor over the whole nation of the Latins. a 

Among the Romans, a dictator was generally ap- 
pointed in circumstances of extraordinary danger, 
whether from foreign enemies or domestic sedition. 
Instances occur very frequently in the early books 
of Livy, from whom we also learn that a dictator 
was sometimes created for the following purposes : 
1. For fixing the " clavus annalis" on the temple of 
Jupiter, in times of pestilence or civil discord. ( Vid. 
Clavus Annalis.) 2. For holding the comitia, or 
elections, in the absence of the consuls. 3 3. For 
appointing holydays (feriarum constituendarum cau- 
sa) on the appearance of prodigies,* and officiating 
at the ludi Romani if the praetor could not attend ; 5 
also for holding trials (quastionibus exercendis 6 ), and, 
on one occasion, for filling up vacancies in the sen- 
ate. 7 In this last case there were two dictators, 
one abroad and another at home ; the latter, how- 
ever, without a magister equitum. 

According to the oldest authorities, the dictator- 
ship was instituted at Rome ten years after the ex- 
pulsion of the Tarquinii, and the first dictator was 
said to have been T. Lartius, one of the consuls of 
the year. 8 Another account states that the consuls 
of the year in which the first dictator was appoint- 
ed were of the Tarquinian party, and therefore dis- 
trusted. 

This tradition naturally suggests the inference that 
the dictator was on this first occasion appointed to di- 
rect and supersede the consuls {moderator et magister 
consulibus appositus), not only with a view to foreign 
wars, but also for the purpose of summarily punish- 
ing any member of the state, whether belonging to 
the commonalty or the governing burghers, who 
should be detected in plotting for the restoration of 
the exiled king. 9 The powers with which a dicta- 
tor was invested will show how far his authority 
was adequate for such an object. 

In the first place, he was formerly called magister 
populi, or master of the burghers ; 10 and, though cre- 
ated for six months only, his power within the city 
was as supreme and absolute as that of the consuls 
without. 11 In token of this, the fasces and secures 
(the latter, instruments of capital punishment) were 
carried before him even in the city. 13 Again, no ap- 
peal against the dictator was at first allowed either 
to the commons or the burghers, although the latter 
had, even under the kings, enjoyed the privilege of 
appealing from them to the great council of the pa- 
tricians (provocare ad populum); a privilege, more- 
over, which the Valerian laws had confirmed and 
secured to them against any magistracy whatever. 13 
This right, however, was subsequently obtained by 
the members of the houses, 1 * and perhaps eventually 
by the plebeians ; an instance of its being used is 
given by Livy, 15 in the case of M. Fabius, who, when 



1. (Cic , Pro Mil., 10.)— 2. (Niebuhr, i., p. 589.)— 3. (Liv., 
viii., 23 ; ix., 7.)— 4. (Id., vii., 28.)— 5. (Id., viii., 40 ; ix., 34.) 
— (S. (Id., ix., 26.)— 7. (Id., xxiii., 23.) — 8. (Liv., ii., 18.)— 9. 
(Arnold, i., p. 144.)— 10. (Varro, De Ling. Lat., v.,82.)— 11. (Liv., 
viii., 32.)— 12. (Id., ii., 18.)— 13. (Liv., ii., 8— Cic, De Rep.,ii., 
81.)— 14. (Fest., Opt. Lex. w- 15. (viii., 33.) 
360 



his son was persecuted by the dictator L. Papinus, 
appealed on his behalf to the "populus," the patri- 
cians of the curies. Still, even in this case the 
populus had recourse to entreaties rather than au- 
thority. 

Moreover, no one was eligible to the dictatorship 
unless he had previously been consul or praetor, for 
such was the old name of the consul. 1 Afterward, 
when the powers of the old praetors had been divi- 
ded between the two consuls who went to their 
provinces abroad, and the praetorians who adminis- 
tered justice at home, praetorians as well as consu- 
lars were qualified for the office. The first plebeian 
dictator was C. Martius Rutilus, nominated (dictus) 
by the plebeian consul M. Popillius Laenas, B.C. 
356. 2 

With respect to the electors and the mode of elec- 
tion, we are told 3 that on the first institution of the 
office, the dictator was created by the populus or 
burghers (M. Valerius qui primus magister a populo 
creatus est), just as it had been the custom for the 
kings to be elected by the patricians. Dionysius* 
tells us that the people merely ratified (krttyrityioaTo) 
the choice of the senate. But the common prac- 
tice, even in very early times, was for the senate to 
select an individual, who was nominated in the dead 
of the night by one of the consuls, and then re- 
ceived the imperium, or sovereign authority, from 
the assembly of the curies. 5 This ratification was 
in early times indispensable to the validity of the 
election, just as it had been necessary for the kings, 
even after their election by the curies, to apply to 
them for investiture with the imperium (legem curi- 
atam de imperio ferre 6 ). 

The possession of the right of conferring the im- 
perium may, as Niebuhr suggests, have led the pa- 
tricians to dispense with voting on the preliminary 
nomination of the senate, although it is not impos- 
sible that the right of ratification has been confound- 
ed with the power of appointment. In later times, 
however, and after the passing of the Maenian law, 
the conferring of the irnpeiium was a mere form. 
Thenceforward it was only necessary that the con- 
sul should consent to proclaim the person nomina- 
ted by the senate. 7 

In the statement we have just made with respect 
to the nominations by the senate, we have been 
guided chiefly by the authority of Livy ; but we 
must not omit to mention that, according to Diony- 
sius, the senate only resolved on the appointment of 
a dictator, and left the choice to be made by one of 
the consuls. Some instances mentioned in Livy 
certainly confirm this opinion ; but they are gener- 
ally, though not always, cases in which a dictator 
was appointed for some single and unimportant pur- 
pose ; b nor is it likely that the disposal of kingly 
power would have been intrusted, as a matter of 
course, to the discretion of an individual. On one 
of these occasions we read that the consuls in office 
refused for some time to declare a dictator, though 
required by the senate to do so, till they were com- 
pelled by one of the tribunes. 9 There were, in fact, 
religious scruples against the nomination being made 
by any other authority than the consuls ; 19 and to 
such an extent were they carried, that after the 
battle at the Trasimene lake, the only surviving 
consul being from home, the people elected a. pro- 
dictator, and so met the emergency. We may ob. 
serve that Livy states, with reference to this case, 
that the people could not create a dictator, having 
never up to that time exercised such a power (quod 



1. (Liv., ii., 18.)— 2. (Liv., vii., 17.— Arnold, ii., p. 84.)— a 
(Fest., Opt. Lex.)— 4. (v., 70.)— 5. (Liv., ix., 38.)— 6. (Cic, D« 
Repub., ii., 13, 17.)— 7. (Niebuhr, i., p. 509.)— 8. ',Lir.,viii.,23 
ix., 7— Dionys., x , 23.)— 9. (Liv., iv., 26.)— 10 (Liv., iv.^31 . 
xxvii., c 5.) 



DICTATOR. 



DIES. 



nunquam ante earn diem factum erat) : we find, bow- 
ever, in a case subsequent to this (B.C. 212), that 
the people did appoint a dictator for holding the 
elections, though the consul of the year protested 
against it, as an encroachment upon his privileges ; 
nut even then the consul nominated, though he did 
not appoint} 

Dionysius 2 informs us that the authority of a dic- 
tator was supreme in everything (izoXifiov re ml 
tiprjvnc ko.1 iravToc uXkov irpuyfiaroe avroKparup), and 
that, till the time of Sulla, no dictator had ever 
abused his power. There were, however, some 
limitations, which we will mention. 

1. The period of office v /.:. only six months, 3 and 
at the end of that time a dictator might be brought to 
trial for any acts of tyranny committed by him while 
in power.* Many, however, resigned their author- 
ity before the expiration of the six months, after 
completing the business for which they were ap- 
pointed. 2. A dictator could not draw on the treas- 
ury beyond the credit granted him by the senate, 5 
nor go out of Italy, 6 nor even ride on horseback 
without the permission of the people, 7 a regulation 
apparently capricious, but perhaps intended to show 
whence his authority came. The usurped powers 
of the dictators Sulla and Julius Caesar are, of 
course, not to be compared with the genuine dic- 
tatorship. After the death of the latter, the office 
was abolished forever by a law of Antony, the con- 
sul. 8 The title, indeed, was offered to Augustus, 
but he resolutely refused it, 9 in consequence of the 
odium attached to it from the conduct of Sulla when 
dictator ; in fact, even during the later ages of the 
Republic, and for one hundred and twenty years 
previous to Sulla's dictatorship, the office itself had 
been in abeyance, though the consuls were fre- 
quently invested, in time of danger, with something 
like a dictatorial power by a senatus consultum, 
empowering them to take measures for securing 
the stale against harm (ut darent operant ne quid 
respublica detrimenti caperet). 

Together with the master of the burghers, or the 
dictator, there was always appointed (dictatori addi- 
tus) a magister equitum, or master of the knights. 
In many passages of Livy, it is stated that the lat- 
ter was chosen by the dictator. This, however, 
was not always the case ; at any rate, we meet 
with instances where the appointment was made by 
the senate or the plebs. 10 He was, of course, sub- 
ject, like other citizens, to the dictator ; but his au- 
thority is said to have been equally supreme, within 
his own jurisdiction, over the knights and accensi: 11 
who the latter are it is difficult to determine. 12 Nie- 
buhr 13 says of the magister equitum, " The func- 
tions of this officer in the state are involved in ob- 
scurity ; that he was not merely the commander of 
the horse, and the dictator's lieutenant in the field, 
is certain. I conjecture that he was chosen by the 
centuries of the plebeian knights, and that he was 
their protector : the dictator may have presided at 
the election, and have taken the votes of the twelve 
centuries on the person whom he proposed to them. 
This might afterward have fallen into disuse, and 
he would then name his colleague himself." 

This conjecture, although plausible, is far from 
being supported by the authority of Livy, who speaks 
of both officers as being " creati," and of the ma- 
gister equitum as being " additus dictatori," in such 
a way as to justify the inference that they were 
both appointed by the same authority, just as they 
were both selected from the same class of men., the 
consulare s or prastorii. 

1. (Liv., xxii.,8, 31.)— 2. (v.,73.)— 3. (Liv., ix., 34.)— 4. (Liv., 
vii., 4.)— 5. (Niebuhr, note 1249.)— 6. (Liv., Epit., xix.) — 7. 
(id., xxiii., 14.)— 8. (Cic, Phil., i., 1.)— 9. (Suet., Octav., c.52.) 
—10. (Liv., ii., 18 ; viii., 17 ; xxvii., 5.)— 11. (Varvo, De Ling. 
Lat . »-., 82.)— 12. (Arnold, i., p. 144.)— 13. (i., p. 596.) 
Z z 



On one occasion tne people made a master 01 the 
horse, M. Minucius, equal in command with the 
dictator Fabius Maximus. 1 

DICTYNNTA (Ai/trww), a festival with sacri- 
fices, celebrated at Cydonia in Crete, in honour of 
Artemis, surnamed AtKTVvva or Atarvvvaia, from 
6'lk.tvov, a hunter's net. 2 Particulars respecting its 
celebration are not known. Artemis Ainrvvva was 
also worshipped at Sparta, 3 and at Ambrysus in 
Phocis. 4 

DIES (of the same root as dioc and deus 5 ). The 
name dies was applied, like our word day, to the 
time during which, according to the notions of the 
ancients, the sun performed his course around the 
earth ; and this time they called the civil day (dies 
civilis, in Greek vyxdyp-epov, because it included both 
night and day 6 ). The natural day (dies naturalis), 
or the time from the rising to the setting of the sun, 
w r as likewise designated by the name dies. The 
civil day began with the Greeks at the setting of 
the sun, and with the Romans at midnight ; with 
the Babylonians at the rising of the sun, and with 
the Umbrians at midday. 7 We have here only to 
consider the natural day, and, as its subdivisions 
were different at different times, and not always the 
same among the Greeks as among the Romans, we 
shall endeavour to give a brief account of the va- 
rious parts into which it was divided by the Greeks 
at the different periods of their history, and then 
proceed to consider its divisions among the Ro- 
mans, to which will be subjoined a short list of re- 
markable days. 

At the time of the Homeric poems, the natural 
day was divided into three parts. 8 The first, called 
■que, began with sunrise, and comprehended the 
whole space of time during which light seemed 
to be increasing, i. e., till midday. 9 Some ancient 
grammarians have supposed that in some instances 
Homer used the word Tide for the whole day, bm 
Nitzsch 10 has shown the incorrectness of this opin- 
ion. The second part was called fitaov y/uap, or mid- 
day, during which the sun was thought to stand 
still. 11 The third part bore the name of deiXn or 
deieXov ^//ap, 13 which derived its name from the 
increased warmth of the atmosphere. The last 
part of the deifaj was sometimes designated by the 
words tzotI 'iaxepav or PovTlvtoc. 13 Besides these 
three great divisions, no others seem to have been 
known at the time when the Homeric poems were 
composed. The chief information respecting the 
divisions of the day in the period after Homer, and 
more especially the divisions made by the Athe- 
nians, is to be derived from Pollux. 14 The first and 
last of the divisions made at the time of Homer 
were afterward subdivided into two parts. The 
earlier part of the morning was termed irpui or 
irpu TJje r/fiepac ; the latter ttXtjOovovc rye uyopuc, or 
Tcepl nX-f/dovaav dyopuv. 15 The fieoov rjfiap of Homer 
was afterward expressed by /near/fj.6pia, fieoov v/iipac, 
or piecri vfiipa, and comprehended, as before, the 
middle of the day, when the sun seemed neither to 
rise nor to decline. The two parts of the afternoon 
were called bzCkn Trpui-n or Tzpuia, and deiXn oipin or 
oipia. 16 This division continued to be observed down 



1. (Liv., xxii., 26.)— 2. (Diod. Sic, v., 76.— Compare Strabo, 
x., p. 376, ed. Tauchnitz.— Pausan., ii., 30, t> 3.)— 3. (Paus., iii., 
12, () 7.) — 4. (Paus., x.,36, t> 3.— Compare the scholiast ad Aris 
toph., Ran., 1284 ; Vesp., 357 ; and Meursius, Creta, c. 3.)— 5. 
(Buttmann, Mythologus, ii., p. 74.)— 6. (See Censorin., De Die 
Natali, 23.— Plin., H. N., ii., 77, 79.— Varro, De Re Rust., i., 
28.— Macrob., Sat., i., 3.)— 7. (Macrob.,1. c— Gellius, in., 2.)— 
8. (II., xxi., 111.)— 9. (II., viii., 06; ix., 84.— Od., ix., 56.)-10. 
(Anmerkungen zur Odyssee, i., 125.) — 11. (Hermias ad Plat., 
Phaedr., p. 342.)— 12. (Od., xvii., 606.— Compare Buttmann's Lex 
ilogus, ii., n. 95.)— 13. (Od., xvii., 191.— II., xvi., 779.)— 14 
(Onom., i., 68.)— 15. (Herod., iv., 181.— Xen., Mem., i., 1, * 10. 
— Hellen., i., 1, ^ 30.— Dion Chrysost., Orat., Ixvn.)— 16. (He. 
rod., vii., 167 ; viii., 6.— Thucyd., iii., 74 ; viii., 26.— Compaie 
Libanius. Epist., 1084.) 

361 



DIF.S 



DIFFAREATIO. 



to the latest period of Grecian history, though an- 
other more accurate division, and more adapted to 
the purposes of common life, was introduced at an 
early period ; for Anaximander, or, according to 
others, his disciple Anaximenes, is said to have 
made the Greeks acquainted with the use of the 
Babylonian chronometer or sundial (called itokoc or 
6po? i ,6ytov, sometimes with the epithet cKtodnpcKov or 
TjXta^dvdpov), by means of which the natural day was 
divided into twelve equal spaces of time. 1 These 
spaces were, of course, longer or shorter, according 
to the various seasons of the year. The name 
hours (upac), however, did not come into general 
use till a very late period, and the difference be- 
tween natural and equinoctial hours was first ob- 
served by the Alexandrine astronomers. 

During the early ages of the history of Rome, 
when artificial means of dividing time were yet un- 
known, the natural phenomena of increasing light 
and darkness formed with the Romans, as with the 
Greeks, the standard of division, as we see from 
the vague expressions in Censorinus. 2 Pliny states 3 
that in the Twelve Tables only the rising and the 
setting of the sun were mentioned as the two parts 
into which the day was then divided ; but from Cen- 
sorinus* and Gellius 5 we learn that midday (meri- 
dies) was also mentioned. Varro 6 likewise distin- 
guished three parts of the day, viz., mane, meridies, 
and suprcma scil. tempestas, after which no assem- 
bly could be held in the Forum. The lex Plaetoria 
prescribed that a herald should proclaim the supre- 
ma in the comitium, that the people might know 
that their meeting was to be adjourned. But the di- 
vision of the day most generally observed by the 
Romans was that into tempus antemeridianum and 
pomeridianum, the meridies itself being only consid- 
ered as a point at which the one ended and the oth- 
er commenced. But, as it was of importance that 
this moment should be known, an especial officer 
(vid. Accensus) was appointed, who proclaimed the 
time of midday, when from the curia he saw the 
sun standing between the rostra and the graecosta- 
sis. The division of the day into twelve equal spa- 
ces, which, here as in Greece, were shorter in win- 
ter than in summer, was adopted at the time when 
artificial means of measuring time were introduced 
among the Romans from Greece. This was about 
the year B.C. 291, when L. Papirius Cursor, after 
the war with Pyrrhus in southern Italy, brought to 
Rome an instrument called solarium horologium, or 
simply solarium. 7 But as the solarium had been 
made for a different meridian, it showed the time at 
Rome very incorrectly. Scipio Nasica, therefore, 
erected in B.C. 159 a public clepsydra, which indi- 
cated the hours of the night as well as of the day. 
Even after the erection of this clepsydra, it was cus- 
tomary for one of the subordinate officers of the 
praetor to proclaim the third, sixth, and ninth hours ; 
which shows that the day was, like the night, divi- 
ded into four parts, each consisting of three hours. 
See Dissen's treatise, De Partibus Noctis et Diei ex 
Divisionibus Veterum, in his Kleine Lateinische und 
Deutsche Schriften, p. 130, 150. (Compare the arti- 
cle Horologium.) 

All the days of the year were, according to dif- 
ferent points of view, divided by the Romans into 
different classes. For the purpose of the adminis- 
tration of justice, all days were divided into dies fas- 
ti and dies nefasti. 

Dies fasti were the days on which the praetor 
was allowed to administer justice in the public 



I. (Herod., ii., 109— Diog. Laert., ii., 1, 3 — Plin., H. N., ii., 
6, 78.— Suidas, s. v. 'Ava^^a^pos.)— 2. (De Die Nat., 24.)— 3. 
(H. N., vii., 60.)— 4. (1. c.)— 5. (xvii., 2.)— 6. (De Ling. Lat., 
vi., 4, 5, ed. Muller ; andlsidor., Orig., v., 30 and 31.)— 7. (Plaut. 
»p. Gell., iii., 3, t> 5.) 
362 



couits , they derived their name from firi (fan tit* 
verba ; do, dico, addico 1 ). On some of the dies fasti 
comitia could be held, but not on all. 8 Dies might 
be fasti in three different ways : 1. Dies fasti pro- 
prie et toti, or simply dies fasti, were days on which 
the praetor used to hold his courts, and could do so 
at all hours. They were marked in the Roman 
calendar by the letter F, and their number in tho 
course of the year was 38 ; 3 2. Dies propric sed non 
toti fasti, or dies inter cisi, days on which the praet oi 
might hold his courts, but not at all hours, so that 
sometimes one half of such a day was fastus, while 
the other half was nefastus. Their number was 65 
in the year, and they were marked in the calendar 
by the signs Fp. —fastus primo, Np — nefastus pri- 
mo, En. = endotercisus = intercisus, Q. Rex C. F. = 
quando Rex comitio fugit, or quando Rex comitiavit 
fas, Q. St. Df. = quando stercus defertur ; 3. Dies non 
proprie sed casu fasti, or days which were not fasti 
properly speaking, but became fasti accidentally ; a 
dies comitialis, for instance, might become fastus, 
if either during its whole course, or during a part 
of it, no comitia were held, so that it accordingly be- 
came either a dies fastus totus, or fastus ex parte.* 

Dies nefasti were days on which neither courts 
of justice nor comitia were allowed to be held, and 
which were dedicated to other purposes. 5 Accord- 
ing to the ancient legends, they were said to have 
been fixed by Numa Pompilius. 6 From the re- 
marks made above, it will be understood that one 
part of a day might be fastus, while another was ne- 
fastus. 7 The nundince, which had originally been 
dies fasti, had been made nefasti at the time when 
the twelve-months year was introduced ; but in B.C. 
286 they were again made fasti by a law of Q. Hor- 
tensius. 8 The term dies nefasti, which originally 
had nothing to do with religion, but simply indicated 
days on which no courts were to be held, was in 
subsequent times applied to religious days in gener- 
al, as dies nefasti were mostly dedicated to ; he wor- 
ship of the gods. 9 

In a religious point of view all days of the year 
were either diesfesti, or dies prof esti, or dies intercisi. 
According to the definition given by Macrobius, dies 
festi were dedicated to the gods, and spent with 
sacrifices, repasts, games, and other solemnities ; 
dies profesti belonged to men for the administra- 
tion of their private and public affairs. They were 
either dies fasti, or comitiales, or comperendini, or 
stati, or pradiales. Dies intercisi were common be- 
tween gods and men, that is, partly devoted to the 
worship of the gods, partly to the transaction of or- 
dinary business. 

We have lastly to add a few remarks on some of 
the subdivisions of the dies profesti, which are like- 
wise defined by Macrobius. Dies comitiales were 
days on which comitia were held ; their number 
was 184 in a year. Dies comperendini were days to 
which any action was allowed to be transferred 
(quibus vadimonium licet dicere 10 ). Dies stati were 
days set apart for causes between Roman citizens 
and foreigners (qui judicii causa cum peregrinis in- 
stituuntur). Dies prazliales were all days on winch 
religion did not forbid to commence a war ; a list 
of days and festivals on which it was contrary t3 
religion to commence a war is given by Macrobius. 
See also Festus, s. v. Compare Manutius, De Vet- 
erum Dierum Ratione, and the article Calendar 
(Roman). 

DIFFAREA'TIO. (Vid. Divortium.) 

1. (Ovid, Fasti, i., 45, &c— Varro, De Ling. Lat., vi., 29, 30, 
ed. Miiller.— Macrob., Sat., i., 16.)— 2. (Cicero, Pro Sext., 15, 
with the note of Manutius.) — 3. (Niebuhr, Hist, of Rome, iii., 
p. 368.)— 4. (Macrob., Sat., i., 16. — Varro, De Ling. Lat., 1. c.)— 
5. (Varro, 1. c.)— 6. (Liv., i., 19.)— 7. (Ovid, Fast., i., 50.)— & 
(Macrob., Sat., i., 16.)— 9. (Gellius, iv., 9 ; v., 17.)— 10. (Gaiui, 
iv., <) 15.) 



DIOCLEIA. 



DIONYSIA. 



MGESTA. (Vid. Pandects.) 

DI'GITUS. (Vid. Pes.) 

DIIPOLEIA (AaTToActa), also called binoltLa o. 
AuTcoXta, a very ancient festival, celebrated every 
year on the acropolis of Athens in honour of Zeus, 
surnamed UoXievg. 1 Suidas and the scholiast on 
Aristophanes 3 are mistaken in believing that the 
Diipolia were the same festival as the Diasia. It 
was held on the 14th of Scirrophorion. The man- 
ner in which the sacrifice of an ox was offered on 
this occasion, and the origin of the rite, are de- 
scribed by Porphyrins, 3 with whose account may be 
compared the fragmentary descriptions of Pausa- 
nias* and ^Elian. 5 The Athenians placed barley 
mixed with wheat upon the altar of Zeus, and left it 
unguarded ; the ox destined to be sacrificed was 
then allowed to go and take of the seeds. One of 
the priests, who bore the name of fiovQovoc (whence 
the festival was sometimes called fiov<p6vi.a), at see- 
ing the ox eating, snatched the axe, killed the ox, 
and ran away. The others, as if not knowing who 
had killed the animal, made inquiries, and at last 
also summoned the axe, which was in the end de- 
clared guilty of having committed the murder. 
This custom is said to have arisen from the fol- 
lowing circumstance : In the reign of Erechtheus, 
at the celebration of the Dionysia, or, according to 
the scholiast on Aristophanes, 6 at the Diipolia, an 
ox ate the cakes offered to the god, and one Baulon 
or Thaulon, or, according to others, the (3ov<j)6vog, 
killed the ox with an axe and fled from his coun- 
try. The murderer having thus escaped, the axe 
was declared guilty, and the rite observed at the 
Diipolia was performed in commemoration of that 
event. 7 This legend of the origin of the Diipolia 
manifestly leads us back to a time when it had not 
yet become customary to offer animal sacrifices to 
the gods, but merely the fruits of the earth. Por- 
phyrins also informs us that three Athenian families 
had their especial (probably hereditary) functions 
to perform at this festival. Members of the one 
drove the ox to the altar, and were thence called 
KEvrpcadai : another family, descended from Baulon, 
and called the fiovrviroi, knocked the victim down ; 
and a third, designated by the name dairpoi, killed it. 8 

DILIGE'NTIA. (Vid. Culpa.) 

DIMACHvE (dtfuixai) were Macedonian horse- 
soldiers, who also fought on foot when occasion re- 
quired. Their armour was heavier than that of the 
ordinary horse-soldiers, and lighter than that of 
the regular heavy-armed foot. A servant accom- 
panied each soldier in order to take care of his 
horse when he alighted to fight on foot. This spe- 
cies of troops is said to have been first introduced 
by Alexander the Great. 9 

DIMINUTIO CA'PITIS. (Vid. Caput.) 

DTO'BOLOS. (Vid. O-bolos.) 

DIOCLEIA. (AioK^eca), a festival celebrated by 
the Megarians in honour of an ancient Athenian 
hero, Diodes, around whose grave young men as- 
sembled on the occasion, and amused themselves 
with gymnastic and other contests. We read that 
he who gave the sweetest kiss obtained the prize, 
consisting of a garland of flowers. 10 The scholiast 
on Theocritus 11 relates the origin of this festival as 
follows : Diodes, an Athenian exile, fled to Megara, 
where he found a youth with whom he fell in love. 
In some battle, while protecting the object of his 
love with his shield, he was slain. The Megarians 
honoured the gallant lover with a tomb, raised him 
to the rank of a hero, and, in commemoration of his 

1. (Paus., i., 14, I) 4.)— 2. (Pax, 410.) —3. (De Abstinent., 
i: . ) 29.)— 4. (i., 28, 1) 11.)— 5. (V. H., viii., 3.)— 6. (Nub., 972.) 
— 7. (Compare Suidas and Hesych., s. v. Bov&dvia.) — 8. (Com- 
pare Creuzer's Mythol. und Symbol., i., p. 172 ; iv., p. 122, &c.) 

9. (Pollux, Onom., i., 132.— Curtius, v., 13.)— 10. (Theocrit., 
Idyll., xii., 27. &c.)— 11. (1. c.) 



[faithful attachment, instituted the lestival of the 
Diocleia. See Bockh ad Find., Olymp., vii., 157, p: 
176, and the scholiast ad Aristoph., Acharn., 730, 
where a Megarian swears by Diodes, from which 
we may infer that he was held in great honour by 
the Megarians. 1 

DIOMO'SIA (^tufiocia). (Vid. Antomosia.) 
DIONY'SIA (Atovvaia), festivals celebrated in va- 
rious parts of Greece in honour of Dionysus. Wa 
have to consider under this head several festivals of 
the same deity, although some of them bore differ- 
ent names ; for here, as in other cases, the name of 
the festival was sometimes derived from that of the 
god, sometimes from the place where it was cele- 
brated, and sometimes from some particular circum- 
stance connected with its celebration. We shall, 
however, direct our attention chiefly to the Attic 
festivals of Dionysus, as, on account of their inti- 
mate connexion with the origin and the develop- 
ment of dramatic literature, they are of greater im- 
portance to us than any other ancient festival. 

The general character of the festivals of Dionysus 
was extravagant merriment and enthusiastic joy, 
which manifested themselves in various ways. The 
import of some of the apparently unmeaning and 
absurd practices in which the Greeks indulged du- 
ring the celebration of the Dionysia, has been well 
explained by Muller : a " The intense desire felt by 
every worshipper of Dionysus to fight, to conquer, 
to suffer in common with him, made them regard 
the subordinate beings (Satyrs, Pans, and Nymphs, 
by whom the god himself was surrounded, and 
through whom life seemed to pass from him into 
vegetation, and branch off into a variety of beautiful 
or grotesque forms), who were ever present to the 
fancy of the Greeks, as a convenient step by which 
they could approach more nearly to the presence of 
their divinity. The customs so prevalent at the 
festivals of Dionysus, of taking the disguise of sa- 
tyrs, doubtless originated in this feeling, and not in 
the mere desire of concealing excesses under the 
disguise of a mask, otherwise so serious and pa- 
thetic a spectacle as tragedy couid never have ori- 
ginated in the choruses of these satyrs. The de- 
sire of escaping from self into something new and 
strange, of living in an imaginary world, breaks 
forth in a thousand instances in these festivals of 
Dionysus. It is seen in the colouring the body with 
plaster, soot, vermilion, and different sorts of green 
and red juices of plants, wearing goat and deer 
skins round the loins, covering the face with large 
leaves of different plants, and, lastly, in the wearing 
masks of wood, bark, and other materials, and of 
a complete costume belonging to the character." 
Drunkenness, and the boisterous music of flutes, 
cymbals, and drums, were likewise common to all 
Dionysiac festivals. In the processions called diaooi 
(from deia&), with which they were celebrated, 
women also took part, in the disguise of Bacchae, 
Lenee, Thyades, Naiades, Nymphs, &c, adorned 
with garlands of ivy, and bearing the thyrsus in 
their hands (hence the god was sometimes called 
Qrj%v/j.op<j>og), so that the whole train represented a 
population inspired, and actuated by the powerful 
presence of the god. The choruses sung on the oc- 
casion were called dithyrambs, and were hymns ad- 
dressed to the god in the freest metres and with 
the boldest imagery, in which his exploits and 
achievements were extolled. (Vid. Chorus.) The 
phallus, the symbol of the fertility of nature, was 
also carried in these processions, 3 and men dis- 
guised as women, called idv<baXkoi* followed the 

1. (Compare Welcker's Sappho, p. 39, and ad Theogn., p. 7<? ) 
—2. (Hist, of the Lit. of Anc. Greece, i., p. 289.)— 3. (Plut., Pa 
Cupid. Divit., p. 527, D.— Aristoph., Acharn., 229, with th« 
schol.— Herod., ii., 49.)— 4. (Hesych., s. v. — Athen., xiv., p 
622.) 

363 



DIONYSIA. 



DIONYSIA. 



phallus A woman called Iwvo&opoc carried the 
?ukvov, a long basket containing the image of the 
god. Maidens of noble birth (navTjQopoi) used to 
carry figs in baskets, which were sometimes of 
gold, and to wear garlands of figs round their necks. 1 
The indulgence in drinking was considered by the 
Greeks as a duty of gratitude which they owed to 
the giver of the vine ; hence in some places it was 
thought a crime to remain sober at the Dionysia. 2 

The Attic festivals of Dionysus were four in num- 
ber : the Aiovvcia kcit 1 dypovc, or the rural Dionysia, 
the Aijvaia, the 'Avdearr/pta, and the Aiovvata kv 
uarei. After Ruhnken 3 and Spalding 4 had declared 
the Anthesteria and the Lenaea to be only two 
names for one and the same festival, it was gener- 
ally taken for granted that there could be no doubt 
as to the real identity of the two, until in 1817, A. 
Bockh read a paper to the Berlin Academy, 5 in 
which he established by incontrovertible arguments 
the difference between the Lenaea and Anthesteria. 
An abridgment of Bockh's essay, containing all 
that is necessary to form a clear idea of the whole 
question, is given in the Philological Museum. 6 
The season of the year sacred to Dionysus was du- 
ring the months nearest to the shortest day, 7 and 
the Attic festivals were accordingly celebrated in 
the Poseideon, Gamelion (the Lenaeon of the Ioni- 
ans), Anthesterion, and Elaphebolion. 

The Aiovvaia kut' dypovc or fiinpd, the rural or 
lesser Dionysia, a vintage festival, were celebrated 
in the various demes of Attica in the month of Po- 
seideon, and were under the superintendence of the 
several local magistrates, the demarchs. This was 
doubtless the most ancient of all, and was held with 
the highest degree of merriment and freedom ; even 
slaves enjoyed full freedom during its celebration, 
end their boisterous shouts on the occasion were 
almost intolerable. It is here that we have to seek 
for the origin of comedy, in the jests and the scur- 
rilous abuse which the peasants vented upon the 
by-stan ders from a wagon in which they rode about 
{utiuog eft afiaZwv). Aristophanes 8 calls the comic 
poets Tpvyudoi, lee-singers, and comedy, Tpvypdia, 
lee-song; 9 from the custom of smearing the face 
with lees of wine, in which the merry country people 
/ndulged at the vintage. The ascolia and other 
amusements, which were afterward introduced into 
the city, seem also originally to have been peculiar 
to the rural Dionysia. The Dionysia in the Piraeus, 
as well as those of the other demes of Attica, be- 
longed to the lesser Dionysia, as is acknowledged 
both by Spalding and Bockh. Those in the Piraeus 
were celebrated with as much splendour as those 
in the city ; for we read of a procession, of the per- 
formance of comedies and tragedies, which at first 
may have been new as well as old pieces ; but 
when the drama had attained a regular form, only 
old pieces were represented at the rural Dionysia. 
Their liberal and democratical character seems to 
have been the cause of the opposition which these 
festivals met with, when, in the time of Pisistratus, 
Thespis attempted to introduce the rural amuse- 
ments of the Dionysia into the city of Athens. 10 
That in other places, also, the introduction of the 
worship of Dionysus met with great opposition, 
must be inferred from the legends of Orchomenos, 
Thebes, Argos, Ephesus, and other places. Some- 
thing similar seems to be implied in the account of 

1. (Aristoph., Acharn., I.e. — Lysistr., 647. — Natal. Com., v., 
13.)— 2. (Lucian, De Calumn., 16.)— 3. (Auctar. ad Hesych., 
torn, i., p. 199.) — i. (Abhandl. der Berl. Acad, von 1804-1811, 
p. 70, &c.) — 5. ("Vom Unterscheide der Attischen Lenaeen, 
Anthesterien, mid ISndl. Dionysien," published in 1819, in the 
Abhandl. der Berl. Acad.)— 6. (vol. ii., p. 273, <fcc.)— 7. (Plut., 
De Ei ap. Delph., 9.)— 8. (Vesp., 620 and 1479.)— 9. (Acham., 
464, 634.— Athen., ii., p. 40.)— 10. (Pint., Sol „ c. 29, 30.— Diog. 
Laert., Sol., c. 11.) 
364 



the restoration of tragic choruses to Dionysus «u 
Sicyon. 1 

The second festival, the Lenaa (from Irjvoe, tho 
wine-press, from which, also, the month of Game- 
lion was called by the Ionians Lenaeon), was cele- 
brated in the month of Gamelion ; the place of its 
celebration was the ancient temple of Dionysus 
Limnaeus (from "kifivn, as the district was originally 
a swamp, whence the god was also called lifivaye- 
vr/e). This temple, the Lenaeon, was situate south 
of the theatre of Dionysus, and close by it. 2 The 
Lenaea were celebrated with a procession and scen- 
ic contests in tragedy and comedy. 3 The process- 
ion probably went to the Lenaeon, where a goat 
(rpdyoc, hence the chorus and tragedy which arose 
out of it were called rpayiKoc x°P°C an d rpayudia) 
was sacrificed, and a chorus standing around the 
altar sang the dithyrambic ode to the god. As the 
dithyramb was the element out of which, by the in- 
troduction of an actor, tragedy arose (vid. Chorus), 
it is natural that, in the scenic contests of this fes- 
tival, tragedy should have preceded comedy, as we 
see from the important documents in Demosthenes. 4 
The poet who wished his play to be brought out at 
the Lenaea applied to the second archon, who had 
the superintendence of this festival as well as the 
Anthesteria, and who gave him the chorus if the 
piece was thought to deserve it. 

The third Dionysiac festival, the Anthesteria, was 
celebrated on the 12th of the month of Anthesteri- 
on ; 5 that is to say, the second day fell on the 12th, 
for it lasted three days, and the first fell on the 11th,* 
and the third on the 13th. 7 The second archon su- 
perintended the celebration of the Anthesteria, and 
distributed the prizes among the victors in the vari- 
ous games which were carried on during the sea- 
son. 8 The first day w T as called mdoiyia ; the sec- 
ond, x° e Ci and the third, ^urpoi. 9 The first day de- 
rived its name from the opening of the casks to taste 
the wine of the preceding year ; the second from 
xovg, the cup, and seems to have been the day de- 
voted to drinking. The ascolia seem to have been 
played on this day. (Vid. Ascolia.) We read in 
Suidas 10 of another similar amusement peculiar to 
this day. The drinker placed himself upon a bag 
filled with air, trumpets w 7 ere sounded, and he who 
emptied his cup quickest, or drank most, received 
as his prize a leather bag filled with wine and a 
garland, or, according to Julian, 11 a golden crown. 19 
The Kufiog ef dfiat-Cw also took place on this day, 
and *he jests and abuse which persons poured forth 
on this occasion were doubtless an imitation of the 
amusements customary at the rural Dionysia. Athe- 
naeus 13 says that it was customary on the day of the 
Choes to send on to sophists their salaries and 
presents, that they too might enjoy themselves with 
their friends. The third day had its name from 
XVTpoc, a pot, as on this day persons offered pots 
with flowers, seeds, or cooked vegetables, as a sac- 
rifice to Dionysus and Hermes Chthonius. 1 * With 
this sacrifice were connected the uyuvee x^ T 9 lvot 
mentioned by the scholiast on Aristophanes, 15 in 
which the second archon distributed the prizes. 
Slaves were permitted to take part in the general 
rejoicings of the Anthesteria ; but at the close of 
the day they were sent home with the words v9v- 
pafy, Kdpec, ovk er' 'Avdearrjpia. 1 * 



1. (Herod., v., 67.)— 2. (Schol. ad Aristoph., Ran., 480.)— 3 
(Demosth., c. Meid., p. 517.)— 4. (1. c.)— 5. (Thucyd., ii., 15.)— 
6. (Suidas, s. v. Xois.) — 7. (Philoch. ap. Suid., s. v. Xvrpot.) — 
8. (Aristoph., Acharn., 1143, with the schol.) — 9. (Harpocrat 
and Suidas, s. v. — Schol. ad Aristoph., Ran., 219. — Athen., x., 
p. 437 ; vii., p. 276 ; iv., p. 129.)— 10. (s. v. 'Amos) —11. (V. H., 
ii., 41.) — 12. (Aristoph., Acharn., 943, with the schol.)— 13. (x., 
p. 437.) — 14. (Schol. ad Aristoph., Acham., 1009. — Suidas, 8. v. 
Xvrpoi.)— 15. (Ran., 220.)— 16. (Hesych., s.t. eiipu^-— Prodm 
ad Heaiod., Op. et Dies.) 



DION f Si A. 



DIONYS1A. 



It is uncertain whether dramas were performed at 
the Anthesteria ; but Bockh supposes that comedies 
were represented, and that tragedies which were 
to be brought out at the great Dionysia were per- 
haps rehearsed at the Anihesteria. The mysteries 
connected with the celebration of the Anthesteria 
were held at night, in the ancient temple h Mp.vaiq, 
which was opened only once a year, on the 12th of 
Anthesterion. They were likewise under the su- 
perintendence of the second archon and a certain 
number of eirifieXrjTai. He appointed fourteen priest- 
esses, called ytpaipai or yepapai, the venerable, who 
conducted the ceremonies with the assistance of 
one other priestess. 1 The wife of the second archon 
(Paaifacraa) offered a mysterious sacrifice for the 
welfare of the city ; she was betrothed to the god 
in a secret solemnity, and also tendered the oath to 
the geraerae, which, according to Demosthenes, 2 ran 
thus : " I am pure and unspotted by anything that pol- 
lutes, and have never had intercourse with man. I 
will solemnize the Theognia and Iobakcheia at their 
proper time, according to the laws of my ancestors." 
The admission to the mysteries, from which men 
were excluded, took place after especial prepara- 
tions, which seem to have consisted in purifications 
by air, water, or fire. 3 The initiated persons wore 
skins of fawns, and sometimes those of panthers. 
Instead of ivy, which was worn in the public part 
of the Dionysia, the mystae wore myrtle.* The 
sacrifice offered to the god in these mysteries con- 
sisted of a sow, the usual sacrifice of Demeter, and 
in some places of a cow with calf. It is more than 
probable that the history of Dionysus was symbol- 
ically represented in these mysteries, as the history 
of Demeter was acted in those of Eleusis, which 
were in some respects connected with the former. 5 

The fourth Attic festival of Dionysus, Aiovvoia 
h uutci, aorucd or fieyaAa, was celebrated about the 
18th of the month of Elaphebolion ; 6 but we do not 
know whether they lasted more than one day or 
not. The order in which the ceremonies took place 
was, according to the document in Demosthenes, as 
follows : The great public procession, the chorus 
of boys, the tctifiog (vid. Chorus), comedy, and, last- 
ly, tragedy. We possess in Athenasus 7 the descrip- 
.ion of a great Bacchic procession, held at Alexan- 
dra in the reign of Ptolemaeus Pniladelphus, from 
which we may form some idea of the great Attic 
procession. It seems to have been customary to 
represent the god by a man in this procession. Plu- 
tarch, 8 at least, relates that, on one occasion, a beau- 
tiful slave of Nicias represented Dionysus. 9 A ri- 
diculous imitation of a Bacchic procession is de- 
scribed in Aristophanes. 10 Of the dramas which 
were performed at the great Dionysia, the tragedies, 
at least, were generally new pieces ; repetitions do 
not, however, seem to have been excluded from any 
Dionysiac festival. The first archon had the super- 
intendence, and gave the chorus to the dramatic 
poet who wished to bring out his piece at this festi- 
val. The prize awarded to the dramatist for the 
best play consisted of a crown, and his name was 
proclaimed in the theatre of Dionysus. 11 Strangers 
were prohibited from taking part in the choruses of 
boys. During this and some other of the great At- 
tic festivals, prisoners were set free, and nobody 
was allowed to seize the goods of a debtor ; but a 
war was not interrupted by its celebration. 1 3 As the 
great Dionysia were celebrated at the beginning of 
spring, when the navigatior was reopened, Athens 

(Pollux, Onom., viii., 9.)— 2. (c. Neeer., p. 1371, 22.)— 3. 
(Serv. ad JEn., vi., 740.— Paus., ix., 20, $ 4.— Liv., xxxix., 13.) 
—4. (Schol. ad Aristoph., Ran., 330.)— 5. (Schol. ad Aristoph., 
Ran., 343.)— 6. (Much , c. Ctes., p. 63.)— 7. (v., p. 197, 199.)— 8. 
(Nic , 3.)— 9. (Compare Athen., v., p. 200.)— 10. (Eccles., 759, 
seqq.)— 11. (DemoBth., De Coron., p. 207.)— 12. (Demosth., c. 
B<Eot. De Norn., p. 999. ) 



was not only visited by numbers of country peoplu 
but also by strangers from other parts of Greece ; 
and the various amusements and exhibitions on thi* 
occasion were not unlike those of a modern fair. 1 
Respecting the scrupulous regularity, and the enor 
mous sums spent by the Athenians on the celebra- 
tion of these and other festivals, see Demosthenes * 
As many circumstances connected with the celebia- 
tion of the Dionysia cannot be made clear without 
entering into minute details, we must refer the read 
er to Bockh's essay. 

The worship of Dionysus was almost universal 
among the Greeks in Asia as well as in Europe, and 
the character of his festivals was the same every- 
where, only modified by the national differences of 
the various tribes of the Greeks. It is expressly 
stated that the Spartans did not indulge so much in 
drinking during the celebration of the Dionysia as 
other Greeks. 3 The worship of Dionysus was in gen- 
eral, with the exception of Corinth, Sicyon, and the 
Doric colonies in southern Italy, less popular among 
the Doric states than in other parts of Greece. 4 It 
was most enthusiastic in Bceotia, in the orgies on 
Mount Cithaeron, as is well known from allusions 
and descriptions in several Roman poets. That the 
extravagant merriment, and the unrestrained con- 
duct with which all festivals of this class were cel- 
ebrated, did, in the course of time, lead to the 
greatest excesses, cannot be denied ; but we must, 
at the same time, acknowledge that such excesses 
did not occur until a comparatively late period. At 
a very early period of Grecian history, Bacchic fes- 
tivals were solemnized with human sacrifices, and 
traces of this custom are discernible even until 
very late. In Chios this custom was superseded 
by another, according to which the Bacchae were 
obliged to eat the raw pieces of flesh of the victim 
which were distributed among them. This act was 
called o)fio<f>ayia, and Dionysus derived from it the 
name of u/uddtoc and ufirjoTric. There was a report 
that even Themistocles, after the battle of Salamis, 
sacrificed three noble Persians to this divinity. 5 
But Plutarch's account of this very instance, if 
true, shows that at this time such savage rites were 
looked upon witli horror. 

The worship of Dionysus, whom the Romans 
called Bacchus, or, rather, the Bacchic mysteries 
and orgies {Bacchanalia), are said to have been in- 
troduced from southern Italy into Etruria, and from 
thence to Rome, 6 where for a time they were car- 
ried on in secret, and, during the latter part of their 
existence, at night. The initiated, according to 
Livy, did not only indulge in feasting and drinking 
at their meetings, but, when their minds were heat- 
ed with wine, they indulged in the coarsest excess- 
es and the most unnatural vices. Young girls and 
youths were seduced, and all modesty was set 
aside ; every kind of vice found here its full satis- 
faction. But the crimes did not remain confined to 
these meetings : their consequences were manifest 
in all directions ; for false witnesses, forgeries, false 
wills, and denunciations proceeded from this focus 
of crime. Poison and assassination were cariied 
on under the cover of this society ; and the voices 
of those who had been fraudulently drawn into 
these orgies, and would cry out against the shame- 
less practices, were drowned by the shouts of the 
Bacchantes, and the deafening sounds of drums and 
cymbals. 

The time of initiation lasted ten days, during 

1. (Isocr., Areop., p. 203, ed. Bekker. — Xen., Hicro, i., 11.— 
Compare Becker, Charikles, ii., p. 237, seqq.)— 2. (Philip., i., p. 
50.)— 3. (Athen., iv., p. 156.— Plato, De Leg., i., p. 637.)— 4. 
(Muller, Dorians, ii., 10, t> 6.— Bottiger, Ideen z. Archa:ol. del 
Malerei, p. 289, seqq.)— 5. (Plut., Themist., 13.— Pelop., 21.- 
Compare Thirlwall, Hist, of Greece, ii., p 310.) — 6. (Liv., 
xxxix. 8 j 

365 



DIDiXYSIA. 



L/JL 



ONYSIA. 



wmch a person was obliged to abstain from all sex- 
ual intercourse ; on the tenth he took a solemn 
meal, underwent a purification by water, and was 
led into the sanctuary {Bacchanal). At first only 
women were initiated, and the orgies were celebra- 
ted every year during three days. Matrons alter- 
nately performed the functions of priests. But Pac- 
ula Annia, a Campanian matron, pretending to act 
under the direct influence of Bacchus, changed the 
whole method of celebration : she admitted men to 
the initiation, and transferred the solemnization, 
which had hitherto taken place during the daytime, 
to the night. Instead of three days in the year, she 
ordered that the Bacchanalia should be held during 
five days in every month. It was from the time 
that these orgies were carried on after this new 
plan that, according to the statement of an eye- 
witness, 1 licentiousness and crimes of every de- 
scription were committed. Men as well as women 
indulged in the most unnatural appetites, and those 
who attempted to stop or to oppose such odious 
proceedings fell as victims. It was, as Livy says, 
a principle of the society to hold every ordinance of 
God and nature in contempt. Men, as if seized by 
fits of madness, and under great convulsions, gave 
oracles : and the matrons, dressed as Bacchae, with 
dishevelled hair and burning torches in their hands, 
ran down to the Tiber and plunged their torches 
into the water; the torches, however, containing 
sulphur and chalk, were not extinguished. Men 
who refused to take part in the crimes of these or- 
gies were frequently thrown into dark caverns and 
despatched, while the perpetrators declared that 
they had been carried oft by the gods. Among the 
number of the members of these mysteries were, 
at the time when they were suppressed, persons of 
all classes ; and during the last two years, nobody 
had been initiated who was above the age of twen- 
ty years, as this age was thought most fit for seduc- 
tion and sensual pleasure. 

In the year B.C. 186, the consuls Spurius Postu- 
nius Albinus and Q. Marcius Philippus were in- 
formed of the existence of these meetings, and, af- 
ter having ascertained the facts mentioned above, 
they made a report to the senate. a The senate, 
alarmed by this singular discovery, and although 
dreading lest members of their own families might 
be involved, invested the consuls with extraordina- 
ry power, to inquire into the nature of these noc- 
turnal meetings, to exert all their energy to secure 
the priests and priestesses, to issue a proclamation 
throughout Rome and Italy, forbidding any one to 
be initiated in the Bacchic mysteries, or to meet 
for the purpose of celebrating them ; but, above all 
things, to submit those individuals who had already 
been secured to a rigid trial. The consuls, after 
having given to the subordinate magistrates all the 
necessary instructions, held an assembly of the peo- 
ple, in which the facts just discovered were ex- 
plained to the public, in order that the objects of the 
proceedings which were to take place might be 
known to every citizen. A reward was at the same 
time offered to any one who might be able to give 
farther information, or to name any one that be- 
longed to the conspiracy, as it was called. Meas- 
ures were also taken to prevent any one from leav- 
ing Italy. During the night following, a number of 
persons were apprehended ; many of them put an 
end to their own lives. The whole number of the 
initiated was said to be 7000. The trial of all 
those who were apprehended lasted thirty days. 
Rome was almost deserted, for the innocent as 
well as the guilty had reason to fear. The punish- 
ment inflicted on those who w T ere convicted varied 
according to the degree of their guilt ; some were 

1. (Liv., xxxix., 13.)— 2 (Liv., xxxix., 14.) 
366 



thrown into prison, others were pu to death. The 
women were surrendered to their parents ot hus- 
bands, that they might receive their punishment in 
private. The consuls then were ordered- by \ue 
senate to destroy all Bacchanalia throughout Rome 
and Italy, with the exception of such altars or stat- 
ues of the god as had existed there from ancient 
times. In order to prevent a restoration of the Bac- 
chic orgies, the celebrated decree of the senate (Se- 
natus auctoritas de Bacchanalibus) was issued, com- 
manding that no Bacchanalia should be held either 
in Rome or Italy ; that if any one should think such 
ceremonies necessary, or if he could not neglect 
them without scruples or making atonements, he 
should apply to the praetor urbanus, who might then 
consult the. senate. If the permission should be 
granted to him in an assembly of the senate, con- 
sisting of not less than one hundred members, he 
might solemnize the Bacchic sacra ; but no more 
than five persons were to be present at the celebra- 
tion ; there should be no common fund, and no 
master of the sacra or priest. 1 This decree is also 
mentioned by Cicero. 2 A brazen table containing 
this important document was discovered near Bari, 
in southern Italy, in the year 1640, and is at present 
in the imperial Museum of Vienna. A copy of it is 
given in Drakenborch's edition of Livy. 3 

We have, in our account of the Roman Baccha- 
nalia, closely followed the description given by Livy, 
which may, indeed, be somewhat exaggerated ; but, 
considering the difference of character between the 
Greeks and Romans, it cannot be surprising that a 
festival like the Dionysia, when once introduced 
among the Romans, should have immediately de- 
generated into the grossest and coarsest excesses. 
Similar consequences were seen immediately aftei 
the time when the Romans were made acquainted 
with the elegance and the luxuries of Greek life ; for, 
like barbarians, they knew not where to stop, and 
became brutal in their enjoyments. But whether the 
account of Livy be exaggerated or not, thus much 
is certain, that the Romans, ever since the time of 
the suppression of the Bacchanalia, considered these 
orgies as in the highest degree immoral and licen- 
tious, as we see from the manner in which they ap- 
plied the words derived from Bacchus, e. g., bacchor, 
bacchans, bacchatio, bacchicus, and others. But the 
most surprising circumstance in the account of 
Livy is, that the Bacchanalia should have been cel- 
ebrated for several years in the boisterous manner 
described above, and by thousands of persons, with- 
out any of the magistrates appearing to have been 
aware of it. 

While the Bacchanalia were thus suppressed, an- 
other more simple and innocent festival of Bacchus, 
the Liberalia (from Liber or Liber Pater, a name of 
Bacchus), continued to be celebrated at Rome every 
year on the 16th of March.* A description of the 
ceremonies customary at this festival is given by 
Ovid, 5 with which may be compared Varro. 6 Priests 
and aged priestesses, adorned with garlands of ivy, 
carried through the city wine, honey, cakes, and 
sweetmeats, together with an altar with a handle 
(ansata ara), in the middle of which there was a 
small firepan (foculus), in which, from time to time, 
sacrifices were burned. On this day Roman youths 
who had attained their sixteenth year received the 
toga virilis. 7 That the Liberalia were celebrate"! 
with various amusements and great merriment, 
might be inferred from the general character of Di- 
onysiac festivals ; but we may also see it from the 
name Ludi Liberates, which is sometimes used in- 
stead of Liberalia; and Neevius 8 expressly says 

1. (Liv., xxxix., 18.)— 2. (De Le?., ii., 15.)— 3. (torn, vii., p. 
197, seqq.)— 4. (Ovid, Fast., iii., 713.)— 5. (1. c.)— 6. (Dc Ling. 
Lat., v. 55, ed Bipont.)— 7. (Cic. ad Att., ' i., 1.)— 8. rap Fesf.) 



DIPLOMA. 



DISCUS. 



that persons expressed themselves very freely at 
the Liberalia. St. Augustine 1 even speaks of a high 
degree of licentiousness carried on at this festival. 

*DIOS ANTHOS (Aide uvdoc), a plant. Sprengel 
conjectures that it was the Agrostemma Flos Jovis ; 
but Stackhouse hesitates between the Agrostemma 
and the Dm?ithus Caryophyllus, or Carnation. 2 

DIOSCU'RIA (AiooKovpia), festivals celebrated in 
various parts of Greece in honour of the Dioscuri. 
The Spartan Dioscuria mentioned by Pausanias 3 
and Spanheim,* were celebrated with sacrifices, re- 
joicings, and drinking. At Gyrene the Dioscuri were 
likewise honoured with a great festival. 5 The Athe- 
nian festival of the Dioscuri has been described un- 
der Anaceia. Their worship was very generally 
adopted in Greece, especially in the Doric and 
Achaean states, as we conclude from the great num- 
ber of temples dedicated to them; but scarcely any- 
thing is known respecting the manner in which their 
festivals were celebrated. 

*DIOS'PYRUS (AwoKvpoc), according to Stack- 
house, the Diospyrus Lottis ; but Schneider doubts 
whether the fruit of the latter agrees in character 
with the description of the dioonvpoc as given by 
Theophrastus. 6 

DIO'TA was a vessel containing two ears (jura) 
or handles, used for holding wine. It appears to 
have been much the same as the amphora. 7 (Vid. 
Amphora.) 

♦DIPHR'YGES (difpvyec), " evidently," accord- 
ing to Adams, " a metallic compound of copper. 
Sprengel says it consisted principally of burned cop- 
per, with a certain admixture of iron. Dr. Milligan 
calls it an oxide of copper. Matthiolus gives it the 
name of Marc de bronze, i. e., Husk of bronze." 8 

♦DIPS'ACUS (dixpaKoc), the Dipsacus Fullonum, 
Fuller's Thistle, or manured Teasel. Stephens calls 
it Chardon de Bonnetier. The leaves are concave, 
and so placed as to contain water. 9 

*DIPSAS (diipdc), the name of a venomous ser- 
pent, whose bite causes insatiable thirst, whence the 
name, from diipau, "to thirst." Sprengel marks it 
as the Coluber prester, or black viper. According 
to Adams, it is sometimes found in England. A 
splendid description of the effects of its sting is giv- 
en by Lucan. For farther information, the student 
is referred by Adams to Nicander, Dioscorides, Ae- 
tius, and the other writers on toxicology, as also to 
Lucian's treatise on the Dipsades. 10 

DIPHTH'ERA ydrfdepa) was a kind of cloak made 
of the skins of animals, and worn by herdsmen and 
country people in general. It is frequently men- 
tioned by Greek writers. 11 Pollux 13 says that it had 
a covering for the head (knwpavov), in which re opect 
it would correspond to the Roman cucullus. (Vid. 
Cccullus.) 13 

DIPHROS (6i$poe). ( Vid. Currus, p. 333.) 

DIPL'OIS (dnrTiotc.) (Vid. Pallium.) 

DIPLO'MA was a writ or public document, which 
conferred upon a person any right or privdege. Du- 
ring the Republic it was granted by the consuls and 
senate ; and under the Empire, by the emperor and 
the magistrates whom he authorized to do so. 1 * 
The diploma was sealed by the emperor ; 15 it con- 
sisted of two leaves, whence it derived its name. 

1. (De Civ. Dei, vii., 21.)— 2. (Theophrast., vi., 1 ; vi., 6.— 
Adams, Append., a. v.) — 3. (iv., 27, $ 1, compared with iii., 16, 
t> 3 )— 4. (ad Callim., Hymn, in Pall., 24.)— 5. (Schol. ad Pind., 
Pyth., v., 629.)— 6. (Theophrast., H. P., iii., 13. — Adams, Ap- 
pend., s. v.)— 7. (Hor., Carm., I., ix., 9.) — 8. (Dioscor., v., 119. 
—Paul. JEgin., vii., 3. — Adams, Append., s. v.) — 9. (Dioscor., 
iii., 11. — Adams, Append., s. v.) — 10. (^Elian, N. A., vi., 51.— 
Lucan, ix., 610. — Adams, Append., s. v.) — 11. (Aristoph., Nub., 
72.— Schol. ad loc.— Vesp., 444.— Plato, Crit., p. 53. — Lucian, 
Tun., c. 12.) — 12. (Onom., vii., 70.) — 13. (Becker, Charikles, 
ii.. |>. 359.)— 14. (Cic. ad Fam., vi., 12 ; ad Att., x. 17 ; c. Pis., 
37.— Sen., Ben., vii., 10.— Suet., Cal , 38 ; Ner., 12 ; Oth., 7.— 
Dif. 48. *;t. 10. s. 27.)— 15. (Suet.. Octav.. 50.) 



These writs were especially given to public 3oer» 
iers, or to those who wished to proem e the u>e of 
the public horses or carriages. 1 The tabellarii of 
the emperor would naturally always have a diplo- 
ma ; whence we read in an inscription 8 of a diploma 
rius tabellarius. 

AII7PS2POI NHE2 (di-popoi vrjeg). (Vtd. AM$t 
nPTMNOI NHE2.) 

DIP'TYCHA (diirrvxa) were two tvriting tablets 
which could be folded together. Herodotus 3 speak* 
of a dihriov 6'mrvxov made of wood, and coveied 
over with wax.* The diptycha were mace of dif- 
ferent materials, commonly of wood, but sometimes 
of ivory. 

Under the Empire, it was the custom of the con- 
suls and other magistrates to distribute among their 
friends and the people, on the day on which they 
entered on their office, tablets, called respectively 
diptycha consularia, prcetoria, adilitia, &c, which 
were inscribed with their names, and contained 
their portraits. Several of these diptycha are given 
by Montfaucon. 6 

DIRECTA ACTIO. (Vid. Actio, p. 17.) 

DIRIBITO'RES are said by most modern writers 
to have been the persons who gave to the citizens 
the tabclla with which they voted in the comitia (vid. 
Comitia, p. 297) ; but Wunder has most distinctly 
proved, in the preface to his Codex Erfutensis, 1 that 
it was the office of the diribitores to divide the 
votes when taken out of the cistce, so as to determine 
which had the majority. He remarks that the ety- 
mology of diribere would lead us to assign to it the 
meaning of " separation" or " division," as it is 
compounded of dis and habere, in the same manner 
as dirimere is of dis and emere ; the h disappears as 
in prczbere and debere, which come respectively from 
pro, and habere, and de and habere. In several patv- 
sages the word cannot have any other signification 
than that given by Wunder. 8 

When Cicero says, 9 " vos rogatores, vos diribi- 
tores, vos custodes tabellarum" we may presume 
that he mentions these officers in the order in which 
they discharged their duties in the comitia. It was 
the office of the rogatores to collect the tabellae which 
each century gave, as they used, before the ballot 
was introduced, to ask (rogare) each century for its 
votes, and report them to the magistrate who pre- 
sided over the comitia. The diribitores, as has 
been already remarked, divided the votes when ta- 
ken out of the cisics, and handed them over to tho 
custodes, who checked them off by points marked on 
a tablet. 

Many writers have confounded the cista with the 
sitella or urna, into which the sortes or mere lots 
were cast , the true difference between these words 
is explained under Sitella. 

DISCUS (dicnoc), a circular plate of stone (Xidt 
voi diuKoi 10 ) or metal (splendida ponder a disci 11 ), made 
for throwing to a distance as an exercise of strength 
and dexterity. This was, indeed, one of the princi- 
pal gymnastic exercises of the ancients, being inclu- 
ded in the HtvradXov. It was practised in the he- 
roic age ; 13 the fable of Hyacinthus, who was killed 
by Apollo as they were playing together at this 
game, 13 also proves its very high antiquity. 

The discus was ten or twelve inches in diameter, 
so as to reach above the middle of the forearm when 
held in the right hand. The object was to throw it 

1. (Plin., Ep., x., 14, 121.— Compare x., 54, 55.) — 2. (Orelli, 
No. 2917.)— 3. (vii., 239.)— 4. (Compare Pollux, iv., 18.)— 5 
(Codex Theod., 15, tit. 9, s. 1.) — 6. (Antiq. Expl., Suppl., vol 
iii., p. 220, &c.)— 7. (p. cxxvi.-clviii.)-8. (Cic, Pro Plane, 20; 
ad Qu. Frat., iii., 4, t) 1.— Varro, De Re Rust., iii., 2, $ 1 ; iii-, 
5, $16.)— 9. (in Pis., 15.)— 10. (Pind ,Isth.,i.,34.)— 11. (Mart.., 
xiv., 164.) — 12. (Horn., II., ii., 774. — Od., vi., 626 ; vm., 129, 
186-188; xvii., 168. — Eunp., Iph. in Aul., 200.)— 13. (Ovid. 

Met., x., 1^7-219.) 

9A7 



DISCUS 



DIVINATIO 



from a fixed spot to the greatest distance ; and m 
doing this, each player had a friend to mark the point 
at which the discus, when thrown by him, struck 
the ground, as is done by Minerva on behalf of 
Ulysses when he contends with the Phasacians ;* 
Hxa signatur terra sagittal The distance to which 
it was commonly thrown became a measure of 
length, called to. diGnovpa. 3 

The space on which the discobolus, or thrower 
of the discus, stood, was called (3a?i6ic, and was in- 
dicated by being a little higher than the ground sur- 
rounding it. As each man took his station, with 
his body entirely naked, on the j3al6ic, he placed his 
right foot forward, bending his knee, and resting 
principally on this foot. The discus being held, 
ready to be thrown, in his right hand, he stooped, 
turning his body towards it, and his left hand was 
naturally turned in the same direction. 4 This atti- 
tude was represented by the sculptor Myron in one 
of his works, and is adduced by Quintilian 5 to show 
how much greater skill is displayed by the artist, 
and how much more powerful an effect is produced 
on the spectator, when a person is represented in 
action, than when he is at rest or standing erect. 
We fortunately possess several copies, more or less 
entire, of this celebrated statue ; and one of the best 
of them is in the British Museum (see the annexed 
woodcut). It represents the player just ready to 
swing round his outstretched arm, so as to describe 
with it a semicircle in the air, and thus, with his 
collected, i'brce, to project the discus at an angle of 
forty-fives degrees, at the same time springing for- 
ward to as to give it the impetus of his whole body. 
D'isoum " vasto contorquet turbine, et ipse prosequi- 
tur.'"* 




By metaphor, the term discus was applied to a 
mirror 7 (vid. Speculum) ; to the orb of the sun as 
seen by us ; and to a flat round plate used to hold 
meat, whence the English dish. 

Sometimes a heavy mass of a spherical form (06- 
loc) was used instead of a discus, as when the 
Greeks at the funeral games contended for a lump 
of iron, which was to be given to him who could 
throw it farthest. 8 The coloc was perforated in the 
centre, so that a rope or thong might be passed 
through, and used in throwing it. 9 In this form the 
discobolia is still practised by the mountaineers of 
the canton of Appenzell, in Switzerland. They 
t&ieet twice a year to throw round stones of great 
weight and size. This they do by a sudden leap 

1. (Od., viii., 186-200.)— 2. (Stat,., Theb., vi., 703.) — 3. (II., 
jrxiii., 431, 523.)- -4. (Philostr. Sen., Imag., i., 24.— Welcker, ad 
foe.)— 5. (Inst. Or., ii., 13, 1) 10.)— 6. (Statius,l. c.)— 7. (Brunck., 
Axil., ii., p. 494^—8. . (II., xxiii., 826-846.)— 9. (Eratosth., Bern- 
hardy, p. 251.) 
368 



and forcible swinging of the whole body. The same 
stone is taken by all, as in the case of the ancient 
discus and aohoc : he who sends it to the greatest 
distance receives a public prize. The stone is lifted 
as high as the right shoulder (see woodcut ; kotu- 
/Liadtoio 1 ) before being projected. 2 

DISPENSA'TOR. (Vid. Calculator.) 
DITHYRA'MBUS. {Vid. Chorus, p. 247.) 
DIVERSO'RIUM. (Vid. Caupona.) 
DIVINA'TIO is, according to Cicero, 3 a presen- 
sion and a knowledge of future things ; or, accord- 
ing to Chrysippus, 4 a power in man which foresees 
and explains those signs which the gods throw in 
his way, and the diviner must therefore know the 
disposition of the gods towards men, the import oi 
their signs, and by what means these signs are to 
be obtained. According to this latter definition, the 
meaning of the Latin word divinatio is narrower 
than that of the Greek /mivtikt/, inasmuch as the 
latter signifies any means by which the decrees of 
the gods can be discovered, the natural as well as 
the artificial ; that is to say, the seers and the ora- 
cles, where the will of the gods is revealed by inspi 
ration, as well as the divinatio in the sense of Chry- 
sippus. In the one, man is the passive agent 
through which the deity reveals the future ; while 
in the other, man discovers it by his own skill or 
experience, without any pretension to inspiration. 
As, however, the seer or vates was also frequently 
called divinus, we shall treat, under this head, of 
seers as well as of other kinds of divinatio. The 
subject of oracles is discussed in a separate article. 
(Vid. Oraculum.) 

The belief that the decrees of the divine will 
were occasionally revealed by the deity himself, or 
could be discovered by certain individuals, is one 
which the classical nations of antiquity had, in com- 
mon with many other nations, before the attainment 
of a certain degree of intellectual cultivation. In 
early ages such a belief was natural, and perhaps 
founded on the feeling of a very close connexion 
between man, God, and nature. But in the course 
of time, when men became more acquainted with 
the laws of nature, this belief was abandoned, at 
least by the more enlightened minds, while the mul- 
titudes still continued to adhere to it ; and the gov- 
ernments, seeing the advantages to be derived from 
it, not only countenanced, but encouraged and sup- 
ported it. 

The seers or (j.6.vteic, who, under the direct influ- 
ence of the gods, chiefly that of Apollo, announced 
the future, seem originally to have been connected 
with certain places where oracles were given ; but 
in subsequent times they formed a distinct class of 
persons, independent of any locality ; one of them 
is Calchas in the Homeric poems. Apollo, the god 
of prophecy, was generally the source from which 
the seers, as well as other diviners, derived their 
knowledge. In many families of seers the inspired 
knowledge of the future was considered to be he- 
reditary, and to be transmitted from father to son 
To these families belonged the Iamids, 5 who from 
Olympia spread over a considerable part of Greece ; 
the Branchidse, near Miletus ; 6 the Eumolpids, at 
Athens and Eleusis ; the Clytiads, 7 the Telliads,* 
the Acarnanian seers, and others. Some of these 
families retained their celebrity till a very late pe- 
riod of Grecian history. The manteis made their 
revelations either when requested to do so on im- 
portant emergencies, or they made them sponta- 
neously whenever they thought it necessary, eithei 

1. (II., xxiii., 431.)— 2 (Ebel, Schilderung der Gebirgsvolkei 
der Schweitz, i., p. 174.) -3. (De Divin., i., 1.) — 4. (Cic, D* 
Divin., ii., 63.) — 5. (Paus, in., 11, $ 5. &c. — Btfckh ad Pind.. 
OL, vi., p. 152.)— 6. (Conon., 33.) -7. (Paus., vi., 17, « 4 )— 8 
(Herod., viii., 27.— Paus., x., 1, $ 4, &c— Herod., ix., 37.) 



klV'lNATlO 



DIVINATIU. 



to prevenl some calamity or to stimulate their coun- 
trymen to something beneficial. The civil govern- 
ment of Athens not only tolerated, but protected 
and honoured them ; and Cicero 1 says, that the man- 
teis were present in all the public assemblies of the 
Athenians. 2 Along with the seers we may also 
mention the Bacides and the Sibyllae. Both existed 
from a very remote time, and were distinct from 
the manteis so far as they pretended to derive their 
knowledge of the future from sacred books (xpncrpol) 
which they consulted, and which were in some pla- 
ces, as at Athens and Rome, kept by the govern- 
ment or some especial officers, in the acropolis and 
in the most revered sanctuary. Bacis was, accord- 
ing to Pausanias, 3 in Bceotia, a general name for a 
man inspired by nymphs. The scholiast on Aris- 
tophanes* and ^Elian 5 mention three original Baci- 
des, one of Eleon in Boeotia, a second of Athens, 
and a third of Caphys in Arcadia. 6 From these 
three Bacides all others were said to be descended, 
and to have derived their name. Antichares, 7 Mu- 
saeus, 8 Euclous of Cyprus, 9 and Lycus, son of Pan- 
dion, 10 probably belonged to the Bacides. The Sib- 
yllae were prophetic women, probably of Asiatic or- 
igin, whose peculiar custom seems to have been to 
wander with their sacred books from place to place. 11 
iElian 12 states that, according to some authors, 
there were four Sibyllae, the Erythraean, the Sa- 
mian, the Egyptian, and the Sardinian ; but that 
others added six more, among whom there was one 
called the Cumaean, and another called the Jewish 
Sibylla. Compare Suidas, 13 and Pausanias, 14 who 
has devoted a whole chapter to the Sibyllae, in 
which, however, he does not clearly distinguish be- 
tween the Sibyllae properly so called, and other wom- 
en who travelled about and made the prophetic art 
their profession, and who seem to have been very 
numerous in all parts of the ancient world. 15 The 
Sibylla whose books gained so great an importance 
at Rome was, according to Varro, 16 the Erythraean: 
the becks which she was said to have sold to one 
of the Tarquins were carefully concealed from the 
public, and only accessible to the duumvirs. The 
early existence of the Sibyllae is not as certain as 
that of the Bacides ; but in some legends of a late 
date they occur even in the period previous to the 
Trojan war, and it is not improbable that at an 
early period every town in Greece had its prophe- 
cies by some Bacis or Sibylla. 17 They seem to 
have retained their celebrity down to the time of 
Antiochus and Demetrius. 18 

Besides these more respectable prophets and 
prophetesses, there were numbers of diviners of an 
inferior order (xprj^o^oyia), who made it thep- 
business to explain all sorts of signs, and to tell 
fortunes. They were, however, more particularly 
popular with the lower orders, who are everywhere 
most ready to believe what is most marvellous and 
least entitled to belief. This class of diviners, 
however, does not seem to have existed Mntil a 
comparatively late period, 19 and to have been looked 
upon, even by the Greeks themselves, a?, nuisances 
to the public. 

These soothsayers lead us naturally to the mode 
of divination, of which such frequent use was made 
by the ancients in all the affairs of public and pri- 
vate life, and which chiefly consisted in the inter- 

1. (De Divinat., i., 43.) — 2. (Compare Aristoph., Pax, 1025, 
with the schol. — Nub., 325, &c, and the schol. — Lycurg., c. 
Leocrat., p. 196.)— 3. (x., 12, () 6, compared with iv., 27, (f 2.)— 
4. (Pax, 1009.) — 5. (V. II., xii., 35.) — 6. (Compare Aristoph., 
Equit., 123, 998.— Aves, 963.— Clem. Alex., Strom., i., 398.)— 7. 
(Herod., v., 43.)— 8. (Herod., vii., 6.)— 9. (Paus., x., 12, t> 6.)— 
10. (Paus., I.e.) — 11. (Liv., i., 7.) — 12. (V. II., xii., 35.)— 13. 
[s. v Sjfiv\>ai > — 14. (x., 12.) — 15. (Clem. Alex., Strom., i., 
' ,Q ) — 16 v aj. Lactanl ; 6.) — 17. (Paus., 1. c.) — 18. (See 
Niebuhr, Hist, ol Rome . r 503, &c.)— 19. (Thucyd., ii., 21. 

Anstopi. *-e SS*" Pax 986, 1034. &c.) 

A A A 



pretation of numberless signs and phenomena. No 
public undertaking of any consequence was ever 
entered upon by the Greeks and Romans without 
consulting the will of the gods, by observing the 
signs which they sent, especially those in the sac- 
rifices offered for the purpose, and by which they 
were thought to indicate the success or the failure 
of the undertaking. For this kind of divination no 
divine inspiration was thought necessary, but mere- 
ly experience and a certain knowledge acquired by 
routine ; and although, in some cases, priests were 
appointed for the purpose of observing and explain- 
ing signs (vid. Augur, Haruspex), yet on any sud- 
den emergency, especially in private affairs, any 
one who met with something extraordinary might 
act as his own interpreter. The principal signs by 
which the gods were thought to declare their will, 
were things connected with the offering of sacrifi- 
ces, the flight and voice of birds, all kinds of nat- 
ural phenomena, ordinary as well as extraordinary 
and dreams. 

The interpretation of signs of the first class (lepo 
fcavreia or lepoaicoKia, haruspicium or ars haruspicina) 
was, according to ^schylus, 1 the invention of Pro- 
metheus. It seems to have been most cultivated by 
the Etruscans, among whom it was raised into a 
complete science, and from whom it passed to the 
Romans. Sacrifices were either offered for the 
special purpose of consulting the gods, or in the or- 
dinary way ; but in both cases the signs were ob- 
served, and when they were propitious, the sacri- 
fice was said KallLepeZv. The principal points that 
were generally observed were, 1. The manner in 
which the victim approached to the altar, whether 
uttering a sound or not ; the former was consider- 
ed a favourable omen in the sacrifice at the Panio- 
nium. 9 2. The nature of the intestines with re- 
spect to their colour and smoothness ; 3 the liver 
and bile were of particular importance. ( Vid. C afu r 
Extorum.) 3. The nature of the flame which con- 
sumed the sacrifice ;* hence the words irvpo/uavTeia, 
sfnrvpa ofi/mra, (fkoywna arj/j-ara. That the smoke 
rising from the altar, the libation, and various othor 
things offered to the gods, were likewise considered 
as a means through which the will of the gods might 
be learned, is clear from the names Ka7rvo/j.avTela, 
Itdavo/uavTela, Kp-idofiavTeia, and others. Especial 
care was also taken, during a sacrifice, that no inau- 
spicious or frivolous words were uttered by any of the 
by-standers : hence the admonitions of the priests, 
ev^jxelre and eixfnyjiia, or otyare, ciuiruTe, favete Un- 
guis, and others ; for improper expressions were 
not only thought to pollute and profane the sacred 
act, but to be unlucky omens (dvoyrj/Liia, n2.r)d6veg, 
^ij/xat, <po>vai, or bfx^ai^). 

The art of interpreting signs of the second class 
was called oiuvtarcKT), augurium or auspicium. It 
Was, like the former, common to Greeks and Ro- 
mans, but was never developed into so complete a 
system by the former as by the latter ; nor did it 
ever attain the same degree of importance in Greece 
as it did at Rome. (Vid. Auspicium.) The Greeks, 
when observing the flight of birds, turned their face 
towards the north, and then a bird appearing to the 
right (east), especially an eagle, a heron, or a fal- 
con, was a favourable sign, 6 while birds appearing 
to the left (west) were considered as unlucky signs. 7 
Sometimes the mere appearance of a bird was 
thought sufficient : thus the Athenians always con- 
sidered the appearance of an owl as a lucky sign ; 
hence the proverb, yAavij Itttcltcu, " the owl is out," 

1. (Prom. Vinct., 492, &c.)— 2 (Strab., viii , p. 384.— Com 
pare Paus., iv., 32, $ 3.)— 3. (JEscr.., Rom., 493 —Eurip., Elect 
833.)^. (See Valckenaer ad Eurip., Phoen., 1261.)— 5. (Pind, 
Ol., vi., 112.— II., ii., 41 ,—G (Horn., II., xiv., 274. xxiv., 310 
— Od., xv., 524.)— 7. (Horn, II., xii., 201, 230.— Festus, s. » 
Sinistra? Aves.) 

369 



DIVINATIO. 



xtfVOKliUM. 



i. e., we have good luck. Other animals appearing 
unexpectedly, especially to travellers. on their road 
(evoiia cviitola), were also thought ominous ; and 
at Athens it was considered a very unlucky omen 
when a weasel appeared during the assembly of the 
people. 1 Superstitions of this kind are still met 
with in several European countries. Various other 
means were used to ascertain the will of the gods, 
such as the oidnpofiavreia, or divination by placing 
straws on red-hot iron ; the fioXvd/javTeia, by ob- 
serving the figures which melted lead formed ; the 
^oravofiavTsia, or divination by writing one's own 
name on herbs and leaves, which were then ex- 
posed to the wind, &c. 

Of greater importance than the appearance of an- 
imals, at least to the Greeks, were the phenomena 
in the heavens, particularly during any public trans- 
action. They were not only observed and interpret- 
ed by private individuals in their own affairs, but 
by the public magistrates. The Spartan ephors, as 
we learn from Plutarch, 5 made regular observations 
in the heavens every ninth year during the night ; 
and the family of the Pythaistae, of Athens, made 
similar observations every year before the theoris 
set sail for Delos. 3 Among the unlucky phenomena 
in the heavens {dLoarifxela, signa or portenta) were 
thunder and lightning,* an eclipse of the sun or 
moon, 5 earthquakes, 6 rain of blood, stones, milk, 
&c. 7 Any one of these signs was sufficient at Ath- 
ens to break up the assembly of the people. 8 In 
common life, things apparently of no importance, 
when occurring at a critical moment, were thought 
by the ancients to be signs sent by the gods, from 
which conclusions might be drawn respecting the 
future. Among these common occurrences we may 
mention sneezing, 9 twinkling of the eyes, 10 tinkling 
of the ears, and numberless other things which we 
cannot here enumerate. Some of them have re- 
tained their significance with the superstitious mul- 
titude down to the present day. 

The art of interpreting dreams (bveiponoTiia), which 
had probably been introduced into Europe from Asia, 
where it is still a universal practice, seems in the 
Homeric age to have been held in high esteem ; for 
dreams were said to be sent by Zeus. 11 In subse- 
quent times, that class of diviners who occupied 
themselves with the interpretation of dreams seems 
to have been very numerous and popular ; but they 
never enjoyed any protection from the state, and 
were chiefly resorted to by private individuals. 
Some persons are said to have gained their liveli- 
hood by this profession. 12 Respecting the oracles 
which were obtained by passing a night and dream- 
ing in a temple, see Oraculum. 

For farther information concerning the art of 
divination in general, see Cicero's work De Divi- 
natione. The (iavTiicn of the Greeks is treated of at 
some length by Wachsmuth. 13 

The word divinatio was used in a particular man- 
ner by the Romans as a law-term, which requires 
some explanation. If in any case two or more ac- 
cusers came forward against one and the same in- 
dividual, it was, as the phrase ran, decided by divi- 
natio who should be the chief or real accuser, whom 
the others then joined as subscriptores, i. e., by put- 
ting their names to the charge brought against the 

1. (Aristoph., Eccles., 793.)— 2. (Agesil., 11.)— 3. (Muller,Do- 
rians, ii., 2, i) 14.) — 4. (Aristoph., Eccles. 793. — Eustath. ad Horn., 
Od.,xx., 104.)— 5. (Thucyd.,vir.,50.)— 6. (Xen.,Hel.,iv.,7,M-) 
—7. (Horn., II., xi., 53, &c— Cic, De Divin., i., 43.)— 8. (Sch5- 
mann, De Comit. Athen , p. 146, <fec, transl.) — 9. (Horn., Od., 
xvii., 561, with note of Eustath. — Xen., Anab., i ii-, 2, t) 9. — Plut., 
Themist., 13.— Ovid, Heroid., 19, 151.— Propert., ii., 2, 33.)— 10. 
(Theocrit., iii., 37. — Plaut., Pseud., I., ii., 105. — Compare Wiiste- 
rciann ad Theocrit., 1. c.)~ll. (Horn., II., i., 63 ; ii., init. — Od., 
iv., 841 ; xix., 457.)— 12. fPlut., Aristid., 27.)— 13. (Hellen. Al- 
terth., ii., 2, p. 259, &c. — Compare Thirlwall's Hist, of Greece, 
l, p. 206, &c.) 
171 



offendei. This transaction, by which one of sever- 
al accusers was selected to conduct the accusation, 
was called divinatio, as the question here was not 
about facts, but about something which was to be 
done, and which could not be found out but by wit- 
nesses or written documents ; so that the judices 
had, as it were, to divine the course which they 
had to take. 1 Hence the oratio of Cicero, in which 
he tries to show that he, and not Q. Caecilius Niger, 
ought to conduct the accusation against Verres, is 
called Divinatio in Cczcilium. 2 

DIVPSOR. (Jid. Ambitus.) 

DIVO'RTIUM, generally a separation, and, in a 
special sense, a dissolution of marriage. A Roman 
marriage was dissolved by the death of the wife or 
husband, and by divortium or separation in the life- 
time of the husband and wife. 

Divorce, or the absolute determination of the mar- 
riage relation, always existed in the Roman polity 
so far back as we know anything of it ; and there 
might be divorce both in the case of a marriage 
with conventio in manum, and in the case of a 
marriage when there was no conventio, and, conse- 
quently, the relation of the wife to her own famiiia 
still continued. The statement of Plutarch, 3 that 
the husband alone had originally the power of ef- 
fecting a divorce, may be true ; but we cannot rely 
altogether on such an authority. As one essential 
part of a marriage was the consent and conjugal 
affection of the parties, it was considered that this 
affection was necessary to its continuance, and, ac- 
cordingly, either party might declare his or her in- 
tention to dissolve the connexion. No judicial de- 
cree, and no interference of any public authority, 
was requisite to dissolve a marriage. Filii familias, 
of course, required the consent of those in whose 
power they were. The first instance of divorce at 
Rome is said to have occurred about B.C. 234, 
when Sp. Carvilius Ruga put away his wife* on the 
ground of barrenness : it is added that his conduct 
was generally condemned. The real meaning of 
the story is explained by Savigny with his usual 
acuteness. 5 

Towards the latter part of the Republic, and un- 
der the Empire, divorces became very common. 
Pompey divorced his wife Mucia for alleged adul- 
tery, and his conduct was approved , 6 and Cicero 
speaks of Paula Valeria 7 as being ready to serve 
her husband, on his return from his province, with 
notice of divorce. 8 Cicero himself divorced his 
wife Terentia, after living with her thirty years, 
and married a young woman. If a husband di- 
vorced his wife, the wife's dos, as a general rule, 
was restored (vid. Dos)-, and the same was the 
case when the divorce took place by mutual con- 
sent. As divorce became more common, attempts 
were made to check it indirectly, by affixing pecu- 
niary penalties or pecuniary loss to the party whose 
conduct rendered the divorce necessary. This was 
part of the object of the lex Papia Poppsea, and of 
the rules as to the retentio dotis and judicium mo- 
rum. There was the retentio dotis propter liberos, 
when the divorce was caused by the fault of the 
wife, or of her father, in whose power she was : 
three sixths of the dos was the limit of what could 
be so retained. On account of matters morum gra- 
viorum, such as adultery, a sixth part might be re- 
tained ; in the case of matters morum leviorum, 
one eighth. The husband, when in fault, was pun- 
ished by being required to return the dos earlier 



1. (Asconius in Argum. ad Cic, Divinat. in Creed., p. 99, ed 
Orelli.) — 2. (Compare c. 15 and 20 of the Oratio, and Gellius, ii. 
4.)— 3. (Romul., 22.)— 4. (Aul. Gell., iv., 3 ; xvii., 21.— Val. Max. 
ii #> \ i $ 4.)_5. (Zeitschrift, &c, v., 269.)— 6. (Cic, Ep. ad Att., 
i., 12.)— 7. (Ep. ad Fam., viii., 7.)— 8. (Coripare Juv., vi., 224 
Ac. — Mart., vi., 7.) 



DOC A.NA. 



DOGMATIC!. 



than it was otherwise returnable. After the di- 
vorce, either party might marry again. 

By the lex Papia Poppoea, a freedwoman who had 
married her patronus could not divorce herself; 
there appears to have been n: other class of persons 
subjected to this incapacity. 

Corresponding to the forms of marriage by con- 
farreatio and coemtio, there were the forms of di- 
vorce by diffarreatio and remancipatio. According 
to Festus, 1 diffarreatio was a kind of religious cer- 
emony, so called, " quia fiebat farreo libo adhibito," 
by which a marriage was dissolved ; and Plutarch 2 
has been supposed to allude to this ceremony in the 
case of a divorce between the flamen dialis and his 
wife. It is said that originally marriages contract- 
ed by confarreatio were indissoluble , and in a later 
age, this was the case with the marriage of the fla- 
men dialis, 3 who was married by confarreatio. In 
the case referred to by Plutarch, the emperor au- 
thorized the divorce. A marriage by coemtio was 
dissolved by remancipatio.* In course of time less 
ceremony was used, but still some distinct notice 
or declaration of intention was necessary to consti- 
tute a divorce : the simple fact of either party con- 
tracting another marriage was not a legal divorce. 6 
The ceremony of breaking the nupliales tabula, 6 or 
of taking the keys of the house from the woman 
and turning her out of doors, were probably consid- 
ered to be acts of themselves significant enough, 
though it may be presumed that they were general- 
ly accompanied with declarations that could not be 
misunderstood. The general practice was appa- 
rently to deliver a written notice, and perhaps to as- 
sign a reason. In the case of Paula Valeria, men- 
tioned by Cicero, no reason was assigned. By the 
lex Julia de Adulteriis, it was provided that there 
should be seven witnesses to a divorce, Roman cit- 
izens of full age (puberes), and a freedman of the 
party who made the divorce. 

Under the Christian emperors divorce was pun- 
ished in various ways, but still the power of di- 
vorce remained, as before, subject to the observ- 
ance of certain forms. Theodosius and Valentin- 
ian III., and subsequently Justinian, made various 
laws, by which punishment was imposed, not only 
on the party who gave good cause for the divorce, 
or who without any good cause made a divorce, but 
also on both parties when they dissolved the mar- 
riage by agreement without good legal cause. The 
penalties in such cases varied with the circumstan- 
ces ; they were both pecuniary and personal. 

The term repudium, it is said, properly applies to 
a marriage only contracted (vid. Sponsalia), and di- 
vortium to an actual marriage ; 7 but sometimes di- 
vortium and repudium appear to be used indifferent- 
ly. The phrases to express a divorce are nuncium 
remittere, divortium facere ; and the form of words 
might be as follow : " Tuas res tibi habeto, tuas 
res tibi agito." 6 The phrase used to express the 
renunciation of a marriage contract were renun- 
tiare repudium, repudium remittere, dicere, and re- 
pudiare ; and the form of words might be, " Condi- 
tione tua non utor." 9 

For the subject of Greek divorce, see AIIOAEI- 
*£Q2 AIKH, and Marriage, Greek. 

DO CAN A (Aonava, rd : from Sokoc, a beam) was 
an ancient symbolical representation of the Dios- 
curi (Castor and Polydeuces) at Sparta. It con- 
sisted of two upright beams, with others laid across 
them transversely. 10 This rude symbol of fraternal 
unity evidently points to a very remote age, in 
which scarcely any attemp ts in sculpture can have 

1 (s- v. Diffarreatio.)— 2. (Quaest. Rom., 50.)— 3. (Gell., x., 
15.) — 4. (Festus, s. v. Remaucipatam.)— 5. (Cic, Orat., i., 40.) 
6. (Tacit., Ann., xi., 30.)— 7. (Dig. 50, tit. 16, s. 101, 191.)— 8. 
<Cic, Phil., ii., 23.) — 9. (Dig. 24, tit. 2.— Ulp., Frag., vi.-Hei- 
*ecc, Syntagma.)— 10. (Plut., De Amor. Frat i., p. 36.) 



been made. At a later time, when works of art 
were introduced into all the spheres of ordinary 
life, this rude and ancient object of worship, like 
many others of its kind, was not superseded by a 
more appropriate symbol. The Dioscuri were wor- 
shipped as gods of war, and we know that their im- 
ages accompanied the Spartan kings whenever they 
took the field against the enemy. But when, in tbe* 
year 504 B.C., the two kings, during their invasion 
of Attica, failed in their undertaking on account o! 
their secret enmity towards each other, it was de 
creed at Sparta that in future only one king should 
command the army, and, in consequence, should 
only be accompanied by one of the images of the 
Dioscuri. 1 It is not improbable that these images, 
accompanying the kings into the field, were the an- 
cient donava, which were now disjointed, so that 
one half of the symbol remained at Sparta, while 
the other was taken into the field by one of the 
kings. Suidas and the Etymologicum Magnum 8 
state that donava was the name of the graves of the 
Dioscuri at Sparta, and derived from the verb d£- 
XOfiai. 3 

DOCIMASIA {doKifiaaiaj. When any citizen of 
Athens was either appointed by lot or chosen by 
suffrage (KkrjpuTog mi aipero^) to hold a public of- 
fice, he was obliged, before entering on its duties, 
to submit to a dom/nama, or scrutiny into his pre- 
vious life and conduct, in which any person could 
object to him as unfit. This was the case with 
the archons, the senators, the strategi, and other 
magistrates. The examination, or anacrisis, for the 
archonship was conducted by the senators, or in the 
courts of the heliaea.* The doiafiaoia, however, was 
not confined to persons appointed to public offices : 
for we read of the denouncement of a scrutiny (e7r- 
ayyekia donifiaoiat;) against orators who spoke in 
the assembly while leading profligate lives, or after 
having committed flagitious crimes. This denounce- 
ment might be made in public by any one 7rpoc <5o- 
Kifiaaiav rov (3iov, i. e., to compel the party com- i 
plained of to appear before a court of justice, and 
give an account of his life and conduct. If found 
guilty, he was punished with arLfiia, and prohibited 
from the assemblies. 5 

We will now explain the phrase uvdpa elvat 6okl- 
/j.acd?jvai. At the age of eighteen every Athenian 
became an ephebus, and after two years was en- 
rolled among the men, so that he could be present 
and vote at the assemblies. 6 In the case of wards 
who were heirs to property, this enrolment might 
take place before the expiration of the two years, 
on it's being established by a doKifiacia that the youth 
was physically qualified to discharge any duties the 
state might impose upon him. If so, he was re- 
leased from guardianship, and " became a man" 
{uvrip eyevero or edoicifiaodri), being thereby empow- 
ered to enter upon his inheritance, and enjoy other 
privileges, just as if he were of the full age of twen- 
ty. 7 We may add that the statements of the gram- 
marians and orators are at variance on this point ; 
but the explanation we have given seems the best 
way of reconciling them, and it agrees in substance 
with the supposition of Schomann, " that among the 
Athenians no one period was appointed for enrol- 
ment, provided that it was not done before the at- 
tainment of the 18th, nor after the completion of 
the 20th year." 

DODRANS. (Vid. As, p. 110.) 

DOGMA'TICI (doypqTiicoi), the oldest of the med- 
ical sects of antiquity, must not be confounded with 

1. (Herod., v., 75.)— 2. (s.v.)— 3. (Miiller, Dorians, i., 5, <> 12, 
note m; ii., 10, t) 8.— Zoega, De Obeliscis, p. 228.)-^. (Wach- 
smuth, i., pt. 1, p. 262.)— 5. (Schflmann, p. 240.— jEsoh., Ti- 
mar., p. 5.)— 6. (Pollux, Onom., viii., 105. — Schomann, 76.) — 7, 
(Harpocr., s. v. 'E-mdUra fiSrjvai. — Demosth., c. ^-ohcb. W", 
c. Onet., 865 ; c. Steph.. 1135.) 

^71 



DOGMATIC! 



DOGMATICI. 



she philosophers mentioned by Diogenes Laertius. 1 
They derived their name from 66-yfia, a philosophical 
tenet or opinion, because they professed to follow 
the opinions of Hippocrates, whence they were 
sometimes called Hippocratici. Thessalus, the son, 
and Polybus, the son-in-law of Hippocrates, were 
the founders of this sect, about B.C. 400, which en- 
joyed a great reputation, and held undisputed sway 
over the whole medical profession, till the estab- 
lishment of the Alexandrean school of philosophy 
called Empiria. (Vid. Empirici.) After the rise 
of this sect, for some centuries every physician 
ranged himself under one or other of the two par- 
ties. The different arguments brought forward on 
each side are stated with such clearness and ele- 
gance by Celsus, 8 that the passage relating to the 
Dogmatici is here given at full length, and the ob- 
jections of the otljf^r party in the article Empirici. 

The Dogmatici held that it^was necessary to be 
acquainted with the hidden causes of diseases, as 
well as the more evident ones ; and to know how 
the natural actions and different functions of the 
human body take place, which necessarily suppo- 
ses a knowledge of the interior parts. They gave 
the name of hidden causes to those which concern 
the elements or principles of which our bodies are 
composed, and the occasion of good or ill health. 
It is impossible, said they, for a person to know 
how to set about curing an illness unless he knows 
what it comes from ; since there is no doubt that 
he must treat it in one way, if diseases in general 
proceed from the excess or deficiency of one of 
the four elements, as some philosophers have sup- 
posed ; in another way, if all the malady lies in 
the humours of the body, as Herophilus thought ; 
in another, if it is to be attributed to the respira- 
tion, according to the idea of Hippocrates (alluding, 
probably, to the work Tlepl $vativ, Be Flatibus, which 
is generally considered to be spurious) ; in another, 
if the blood excites inflammation by passing from 
the veins which are meant to contain it into the 
vessels that ought only to contain air, and if this 
inflammation produces the extraordinary movement 
of the blood that is remarked in fever, according to 
the opinion of Erasistratus ; and in another, if it is 
by means of corpuscles which stop in the invisible 
passages and block up the way, as Asclepiades af- 
firms to be the case. If this be granted, it must 
necessarily appear that, of all physicians, he will 
succeed the best in the cure of diseases who un- 
derstands best their first origin and cause. The 
Dogmatici did not deny the necessity of experi- 
ments also ; but they said that these experiments 
could not be made, and never had been made, but 
by reasoning. They added, that it is probable that 
the first men, or those who first applied themselves 
to medicine, did not recommend to their patients 
the first thing that came into their thoughts, but 
that they deliberated about it, and that experiment 
and use then let them know if they had reasoned 
justly or conjectured happily. It mattered little, 
said they, that people declared that the greater num- 
ber of remedies had been the subject of experiment 
from the first, provided they confessed that these 
experiments were the results of the reasoning of 
those who tried the remedies. They went on to 
say, that we often see new sorts of diseases break 
out, for which neither experiment nor custom has 
yet found out any cure ; and that, therefore, it is 
necessary to observe whence they came and how 
they first commenced, for otherwise no one can tell 
why, in such an emergency, he makes use of one 
remedy rather than another. Such according to 
the Dogiratid, are the reasons why a physician 

1. (De Vit. Philos., procem., 11.)— 2. (De Medic, tmef. in lib. 



*•) 



372 



ought to try and discover the hidden came* of di* 
eases. As for the evident causes, which are such 
as can easily be discovered by anybody, and where 
one has only to know if the illness proceeds froip 
heat or from cold, from having eaten too little or 
too much, and the like, they said it was necessary 
to inform one's self of all that, and make on it the 
suitable reflections ; but they did not think that 
one ought to stop there without going any farther. 
They said again, with regard to the natural actions, 
that it was necessary to know wherefore and in 
what manner we receive the air into our lungs, 
and why we afterward expire it ; why food is taken 
into the body, how it is there prepared, and then 
distributed through every part of it ; why the arter- 
ies are subject to pulsation ; what is the cause of 
sleep, wakefulness, &c. : and they maintained that 
a man could not cure the diseases relating to these 
several functions unless he were able to explain all 
these phenomena. To give an example taken from 
the process of digestion : The food, said these phy- 
sicians, is either ground in the stomach, as Erasis- 
tratus thought ; or it purifies, according to the no- 
tion of Plistonicus, a disciple of Praxagoras ; or it 
is concocted by a peculiar heat, as was the opinion 
of Hippocrates ; or else, if we are to believe Ascle- 
piades, all these opinions are equally erroneous, and 
nothing is concocted, but the alimentary matter is 
distributed throughout the body in the same crude 
state in which it was taken into the mouth. How- 
ever much they differ on this point, they all agree 
that the sort of nourishment proper for a sick per- 
son will vary according as one or other of these 
opinions be supposed to be the true one. For if the 
food is ground to pieces, we must choose that kind 
which is most easily ground ; if it putrefies, we 
must give what putrefies most quickly ; if it is con- 
cocted by heat, we must prefer such as is most apt 
to excite heat ; but if it is not concocted, we need 
not select any of the above-mentioned kinds of 
food, but rather such as will remain as it is eaten, 
and change the least. And in the same way they 
argued that, when the breathing is affected, or there 
is too great sleepiness or wakefulness, if a physi 
cian understands thoroughly the nature of these phe- 
nomena, he will be able to cure the diseases con- 
nected with them. Lastly, they maintained that, as 
the principal pains and diseases proceed irom the 
internal parts, it is impossible for a person to ad- 
minister any remedy unless he is acquainted with 
these parts. They therefore contended that it was 
necessary to open dead bodies and examine the dif- 
ferent viscera ; but that it was much the best way 
to do as Herophilus and Erasistratus, who used to 
dissect alive the criminals condemned to death that 
were put into their hands, and who were thus ena- 
bled to behold during life those parts which nature 
had concealed, and to contemplate their situation, 
colour, figure, size, order, hardness or softness, 
roughness or smoothness, &c. They added, that 
it is not possible, when a person has any internal 
illness, to know what is the cause of it, unless one 
is exactly acquainted with the situation of all the 
viscera, nor can one heal any part without un- 
derstanding its nature ; that, when the intestines 
protrude through a wound, a person who does not 
know what is their colour when in a healthy state 
cannot distinguish the sound from the diseased 
parts, nor therefore apply proper remedies, w T hile, 
on the contrary, he who is acquainted with the nat- 
ural state of the diseased parts will undertake the 
cure with confidence and certainty ; and that, ir* 
short, it is not to be called an act of cruelty, as somo 
persons suppose it, to seek far the remedies of an 
immense number of innoccm persons in the suffer- 
ings of a 'ew criminals 



DOLABRA. 



DOLABRA. 



Such were their opinions, and t'.ie arguments by 
which they supported them. Additional informa- 
tion on the subject may be found in various parts 
of Galen's works. 1 

DOLABRA, dim. DOLABELLA (optttf, dim. cfii- 
Xiov), a chisel, a celt. 

For the purpose of planing and polishing wood, 
the ancients used either the adze, which was impell- 
ed in the direction exhibited in the woodcut at page 
112 (vid. Ascia), or the chisel, which was forced in 
the opposite direction, i e., from the body of the 
workman, as shown in the woodcut at page 62. 
On account of the use of these tools in ship-build- 
ing, Juvenal 2 describes the merchant as trusting his 
Ufe " ligno dolato." Statues also were made by the 
application of the chisel. "E robore dolatus," 3 
"truncus dolamine effigiatus."* 

The chisel used by stone-masons is represented 
at the bottom of the monument, which is the subject 
of the woodcut to the article Circinus (p. 252). 
Ashlar, i. e., stone adapted to be cut and smoothed 
by the chisel, was called "lapis dolabilis." A Greek 
epigram represents the inscription on a marble tomb 
as engraved by the strokes of the chisel (Iclotvitoic 
cffilXaig KEnola/j./ievov 5 ), and such letters are called 
pfiiXevTu ■ypdfxfiara. 6 

Dolabras were also much employed in the opera- 
tions of horticulture and agriculture. A small sharp 
chisel was used to cut out the dead wood from the 
trunk of the vine ; an instrument of the same form, 
though, of course, much more blunt and rough, and 
yet called by the same name (dolabella), was em- 
ployed to stir up the ground about its roots. 7 This 
tool was likewise used to refresh the soil in rose- 
beds ; 8 and the same term " dolabra" is applied to 
the spud, or small spade, which the ploughman car- 
ried with him to destroy weeds. Hence the ancient 
glossaries translate dolabra " a tool for digging" 
(6pv%) ; and Columella 9 says, with a view to this 
object, " Nee minus dolabra, quam vomere, bubul- 
cus utatur." 

It must have been in a form very similar that the 
dolabra was used by the Greek and Roman armies 
in making intrenchrnents and in destroying fortifi- 
cations. When they made a breach in the wall of 
a city, the expression is " Dolabris perfregere mu- 
nim." 10 In what manner the instrument was ap- 
plied we may infer from the statement of Livy, 11 
that on a certain occasion soldiers were sent " with 
dolabrae to destroy a wall from its foundation," and 
that the execution of this task was easy, because 
the stones of which the wall was built were laid in 
clay or mud, and not in mortar. It is clear that the 
use of the chisels in this instance was to insert 
them between the stones, so as to remove the clay, 
and in doing this, to loosen and destroy the wall. 13 

Dolabras abound in our public museums and in 
the cabinets of the curious, being known under the 
equivalent name of "celts" to antiquaries, who, 
however, generally use the word without under- 
standing its true sense. 13 " Celtes" is an old Latin 
word for a chisel, probably derived from ccelo, to 
engrave. Thus the phrase " celte sculpantur in 
silice" occurs in the Vulgate version of Job, 1 * and 
" malleolo et celte literatus sUex" in an inscription 
found at Pola. 15 These articles are for the most 
part of bronze, more rarely of hard stone. They 
are chiefly found, as we might expect from the ac- 

1. (Vid. De Differ. Puis., iv., 3, p. 721, ed. Kuhn.— De Meth. 
Med., iii., 1, 3, p. 159, 182, 184.— De Compos. Medicam. per 
Geo., ii., 1, p. 463.— Introd., cap. ii., p. 677.)— 2. (xik, 57.)— 3. 
(Cic, Acad., iv., 31.)— 4. (Apul., Florid, ad init.) — 5. (Brunck, 
Anal., i., 491.)— 6. (Ibid., iii., 497.)— 7. (Colum., De Re Rust., 
iv., 24, 26.— De Arbor., 10.)— 8. (Pallad., in., 21.)-9. (De Re 
Rust., ii., 2.)— 10. (Curt., ix., 5.)— 11. (xxi., 11.)— 12. (Compare 
Liv., ix., 37.— Tacit., Hist., iii., 20.)— 13. (See Jamieson's Etym. 
Diet., s. v. Celt.)— 14. (xix., 24.)— 15. (Gruter, p. 329 ) 



count of their use given by Curtius, Livy, and la 
citus, in ancient earth-works and encampments, an«*. 
in various instances a great number, even more 
than a hundred, have been discovered together. The 
sizes and forms which they present are as various . 
as the uses to which they were applied. The an- 
nexed woodcut is designed to show a few of the 
most remarkable varieties. Fig. 1 is torn a celt 
found, with several others, and with a numbei of 
Roman coins, at Karnbre in Cornwall. 1 Its ler.gth 
was six inches without the haft, which was no doubt 
of wood, and fixed directly into the socket at the 
top. It must have been a very effective implement 
for removing the stones in the wall of a city or fortifi- 
cation, after they had been first shattered and loosen- 
ed in some degree by the battering-ram. The ear 
or loop which is seen in this and many other celts, 
would be useful to suspend them from the soldier's 
girdle, and may also have had a cord or chain at 
tached to it to assist in drawing back the celt when 
ever it became too firmly wedged between the 
stones of the wall which it was intended to destroy. 
Figs. 2 and 3 are from Sir W. Hamilton's collec- 
tion in the British Museum. These chisels seem 
best adapted for the use of the carpenter. The celt 
(fig. 4) which was found in Furness, co. Lancaster,* 
instead of being shaped to receive, or to be inserted 
into a handle like the three preceding, is made 
thick, smooth, and round in the middle, so as to be 
conveniently manipulated without a handle. It is 
nine inches long, and weighs 2 lb. 5 oz. Its sharp 
edge is like that of a common hatchet, and may ha ve 
been used for polishing timber. 




On the other hand, figs. 5, 6, 7 exactly resemble 
the knife now used by leather-cutters, and there- 
fore illustrate the account given by Julius Pollux, 
who reckons this same tool, the olifirj, among the 
kpyaktla tov gkvtot6[j,ov. This instrument was also 
used for cutting paper, and probably in the same 
manner (ofiiha x a P T0T °t l0 Si sicila 3 ). 

The following woodcut shows a small bronzfl 




celt fixed into a handle of stag's horn, and there- 



1. (Borlase, Ant. of Cornwall, iii., 13.)— 2. (Archoeo'/ogia, v., 
p. 106.)— 3. (Philox , Gloss.* 

373 



DOMINIUM. 



DOMINIUM. 



tore exemplifies one of the modes of attaching the 
metal to its haft. It was evidently adapted for very 
fnie work, and is strongly contrasted with the above- 
figured celt from Cornwall. It was found in an an- 
cient tomb in Wiltshire. 1 The two other figures in 
this woodcut represent the knife used in sacrifices, 
as it is often exhibited on cameos and bas-reliefs, be 
ing the "scena," "sacena," or " dolabra pontificalis"" 
mentioned by Festus ; 2 and the "securis dolabrata," 
or hatchet furnished with a chisel, 3 as sculptured 
on a funereal monument. 

DOI/ICHUS {6oIl X o<:). (Vid. Stadium.) 

DO'LIUM, a cylindrical vessel, somewhat resem- 
bling our tubs or casks, into which new wine was 
put to let it ferment. It was at first made of earth. 
In the time of Pliny, wood does not appear to have 
been used for this purpose either in Greece or Rome. 
At a later period doUa were made of wood, held to- 
gether with hoops. Palladius* speaks of dolia con- 
taining two hundred congii: it is incredible that 
such large vessels were made of earth. The shape 
preferred for dolia was long, and of a small diame- 
ter. Immediately after they were made they were 
covered with pitch, and subjected to a farther prep- 
aration, after which they were filled with wine, but 
not quite to the brim, and placed in a chamber (cella 
vinaria), which was at least high enough above the 
earth to have windows. Here the dolia either stood 
on the ground or were let into it (demersa, depressa, 
or defossa). Wine which would not keep long was 
drunk from the dolia ; that which improved by keep- 
ing was transferred from them to amphora. The 
cupa and series were vessels like the dolia, and used 
for the same purpose. 5 

DE DOLO MALO ACTIO. (Vid. Culpa.) 

DOLUS MALUS. (Vid. Culpa.) 

DOMI'NIUM. Dominium signifies quiritarian 
ownership, or property in a thing ; and dominus, or 
dominus legitimus, is the owner. Possessor is often 
used by Roman writers as equivalent to owner; 
but this is not a correct use of the word. In like 
manner, "to have ownership" is sometimes ex- 
pressed by " possidere," and the thing in which 
there is property is sometimes called "possessio." 6 

The complete notion of property or ownership 
comprehends the determination of the things which 
may be the objects of ownership ; the power which 
a man may have over such subjects, both as to du- 
ration of time and extent of enjoyment ; the modes 
in which ownership may be acquired and lost ; the 
persons who are capable of acquiring, transferring, 
or losing ownership. 

Res is the general name for anything. The chief 
division of res is into res divini juris and res hu- 
mani juris. Res divini juris are those which are 
appropriated to religious purposes, namely, res sa- 
crae, sanctas, religiosae ; and, so long as they have 
'his character, they cannot be objects of property. 
Res humani juris are all other things that can be the 
objects of property, and they are either res pub- 
lics or res privatae. Res publicae belong to the cor- 
poration of the state, and can only become private 
property by being deprived of this public character. 
(Vid. AGRARiiE Leges.) Res universitatis are the 
property of a corporate body, which are not the 
property of any individual of the corporation. The 
phrase res nullius is ambiguous ; it sometimes 
means that the thing cannot be the property of any 
individual, which is affirmed of things divini juris ; 
when applied to things humani juris, it sometimes 
means that they are not the property of an individ- 
ual, but of a body ; yet such things may become the 

1. (Sir R. C. Hoare's Anc. Wilts. South, p. 182, 203.)— 2. (s. 
v. Scena.)— 3. (Pallad., De Re Rust.j i., 43.)— 4. (x., 11.)— 5. 
/Becker, Gallus, ii., 166, &c.) — 6. (See Savigny's remarks on 
the subject, " Das Recht des Besitzes," p. 85.) 
374 



property of an individual ; res hereditaria; are res 
nullius until there is a heres. Res communes are 
those which cannot be the objects of property, and 
therefore are res nullius, as the sea. 

Res corporales are defined to be those " quas 
tangi possunt :" incorporales are those " quae tangi 
non possunt, sed in jure consistunt," as Hereditas, 
Ususpructus, Obligationes ; and they are conse 
quently incapable of tradition or delivery. 

Corporeal things are divided into immobiles, cr 
solum et res soli, and mobiles. The class of things 
"quae pondere, numero, mensura constant," are 
such things as wine, oil, corn, silver, gold, which 
are of such a nature that any the same numbei, 
weight, or measure may be considered the same 
thing. (Vid. Mutuum.) There is another class of 
res, consisting of those " quae usu consumuntur, 
minuuntur," and those " quae non," which may oi 
may not be the same as things " quae numero." &c. 

A thing may either be a unity, singula res, or it 
may be several things of the same kind, singulae 
res, or it may be a thing compounded of many 
various things, universitas, by which is understood 
a whole property, all that a person has, without re- 
spect to its component parts, and with all the rights 
and obligations attached to it. 

The division of things into res mancipi and res 
nee mancipi was one of ancient origin ; and it con- 
tinued to a late period in the Empire to be an im- 
portant distinction. Res mancipi are not farther 
known than by an enumeration of them, which is 
perhaps imperfect : l they are praedia in Italico solo, 
both rustic and urban ; also jura rusticorum prso- 
diorum or servitutes, as via, iter, aquaeductus ; also 
slaves, and four-footed animals, as oxen, horses, 
&c, quae collo dorsove domantur. Other things 
were nee mancipi. 

All the things have been enumerated which are 
the subject of dominium, and some which are not. 
Every dominus has a right to the possession of the 
thing of which he is dominus ; but possession alone, 
which is a bare fact without any legal character, 
neither makes a man dominus, nor does the want 
of possession deprive him of dominium. Possession 
has the same relation to a legal right to a thing, as 
the physical power to operate upon it has to the le- 
gal power ; and, accordingly, the doctrine of pos- 
session precedes that of ownership. Things cannot 
be the objects of possessio civilis which cannot be 
the objects of dominium. 

The class of things called jura in re are not prop- 
erly subjects of ownership (dominium), though a 
claim to them is prosecuted by an actio in rem : 
they are servitutes, emphyteusis, superficies, and 
pignus and hypotheca. 

Dominium properly signifies the right of dealing 
with a corporeal thing as a person (dominus) pleas- 
es ; this, of course, implies the right to exclude all 
others from meddling with it. The dominus has 
the right to possess, and is distinguished in that re- 
spect from the bare possessor, who has only the 
right of possession. The term dominium is some- 
times (improperly) extended to jura in re ; and 
sometimes he who takes as heres is called dominus 
hereditatis. Jura, or jura in re, are, however, de- 
tached parts of property, which are opposed to do- 
minium, as the totality of all the rights of property. 
Even the ususfructuarius is never considered as 
ow T ner, and proprietas is the name for that which 
remains after the ususfructus is deducted from the 
ownership. Ownership may be either absolute, that 
is, as complete as the law allows any ownership to 
be, or it may be limited. The distinction between 
bare ownership and ownership united with the ben- 
eficial interest, is explained in another place. (Vid. 

^ __ „_ __„ — — — — — — _ — — i — .. ■■ « 

1. (TJlp., Frag., xix.) 



DOMINIUM. 



DOMINIUM. 



Boa - , A person who has no ownership of a 
thing may have rights in or to a thing {jura in re), 
which, as far as they extend, limit the owner's pow- 
er over his property. Ownership, being in its na- 
ture single, can only be conceived as belonging to 
one person ; consequently, there cannot be several 
owners of one thing, but several persons may own 
undivided shares or parts of a thing. 

In order to acquire ownership, a person must 
have a legal capacity to acquire ; and ownership 
may be acquired by such a person, or by another 
for him. There must also be a thing which can be 
the object of such ownership, and there must be a 
legal mode of acquisition {acquisitio chilis). Owner- 
ship may be acquired in single things {acquisitio re- 
rum singularum), or it may be acquired in a number 
of things of different kinds at once {acquisitio per 
universitatem), in which case a person acquires them 
not as individual things, but as parts of a whole. 
The latter kind of acquisition is either successio 
inter vivos, as in the case where a man adrogates 
another, and so becomes the owner of all the adro- 
gated person's property ;* or it is successio mortis 
causa, as in the case of a testamentary heres, or a 
heres ab intestato. 

Acquisitiones per universitatem are properly dis- 
cussed under other heads {vid. Adoptto, Heres, 
Universitas). The following remarks apply to ac- 
quisitiones rerum singularum. Acquisitiones were 
either civiles {ex jure civili), or naturales {ex jure 
gentium), that is, there was no formality prescribed 
for the mode of acquisition : in both cases domin- 
ium could be acquired. The civiles acquisitiones 
of single things were by mancipatio, in jure cessio, 
and usucapio : those naturali jure were by traditio 
or delivery. In the case of res mancipi, the only 
modes of acquiring dominium were mancipatio, in 
jure cessio, and usucapio ; but usucapio applied also 
to things nee mancipi. The alienation of things 
flee mancipi was the peculiar effect of traditio, or 
bare delivery, 3 and if there was a justa causa, do- 
minium was thus acquired ; for traditio, in the case 
of a thing mancipi, merely made it in bonis, and the 
ownership continued unchanged. The notion that, 
in the case of res nee mancipi, bare tradition did 
not confer quiritarian ownership or dominium, is 
erroneous ; for when the Roman law did not re- 
quire peculiar forms, the transfer of ownership was 
effected in what may be called the natural way, 
that is, the simplest and most easy way in which 
the parties to the act could show their meaning and 
carry it into effect. 

A man who was dominus of a thing, whether ac- 
quired jure civili or naturali, prosecuted his right to 
it in the same way, by the rei vindicatio. He could 
not, of course, prosecute such a right unless he was 
out of possession, and, in order to succeed, he 
must prove his ownership. If he had a thing in 
bonis, and was in possession, he acquired the own- 
ership by usucapion: if he was out of possession, 
it seems not an improbable conjecture of Unter- 
holzner, 3 that he was aided in his action, after the 
time when the legis actiones fell into disuse and the 
formula was introduced (for as to a previous time it 
is difficult to form any conjecture), by the fiction of 
his having received the property mancipatione. 
There are examples of a similar fiction in the case 
Gf the bonorum possessor and the bonorum emtor.* 
A man could only dispose of a legacy by his will 
f)er vindicationem 5 when he had the dominium of 
it : otherwise he could only give it per damnatio- 
nem or sinendi modo. A slave who was the prop- 
erty of his master {dominus) might attain the Ro- 

1 (Gaius, iii., 21.)— 2. (Ulp., Frag., xix., 8.) — 3. (Rhein 
Mus. fur Jumprud. Erster Jahrgang, p. 129. )-4. (Gaiua, iv., 
J4, 35.)-5. (Utp^Fras., xxiv., 7.) 



man civitas by the act of manumission : if he waa 
only in bonis of the person who manumittod him, he 
became only a Latinus by the act of manumission. 
The difference between quiritarian ownership and 
in bonis was destroyed by the legislation of Justin- 
ian, who declared in bonis to be complete owner- 
ship. 

Some modern writers enumerate, in addition to 
the civiles acquisitiones here enumerated, addictio, 
emtio sub corona, sectio bonorum, adjudicalio, and 
lex, by which last they understand those circum- 
stances under which some special enactment gives 
property to a person, and caducum {vid. Caducum) 
is mentioned as an instance. 

A bonae fidei possessio was not ownership (do 
minium), nor was it the same as in bonis. The 
two things are distinguished by Ulpian. 1 A bonae 
fidei possessor had a capacity for acquiring by 
usucapion the ownership of the thing possessed. 
He had a kind of action, actio publiciana in rem, by 
which, if he lost the possession before he had ac- 
quired the ownership by usucapion, he could recov- 
er it against all but the owner, in which latter re- 
spect he differed from him who had a thing in bonis, 
for his claim was good against the person who had 
the bare ownership. 

As to fundi provinciales, it was an old princi- 
ple of Roman law that there could be no domin- 
ium in them, that is, no quiritarian ownership {vid. 
Agka.-r.im Leges) ; nor were they said to be in bo- 
nis ; but the occupier had possessio and ususfruc- 
tus. In fact, the terms dominium and in bonis 
were not applicable to provincial lands, nor were 
the fictions that were applicable to things in bonis 
applicable to provincial lands ; but it is an ingenious 
conjecture of Unterholzner, that the formula actio- 
nis was adapted to the case of provincial lands by 
a fiction of their being Italic lands, combined with 
a fiction of their being acquired by usucapion. In 
the case of the ager publicus in Italy, the dominium 
was in the Roman people, and the terms possessio 
and possessor were appropriate to the enjoyment 
and the person by whom the land was enjoyed. 
Still the property in provincial land was like the 
property in bonis in Rome and Italy, and it conse- 
quently became dominium after the distinction be- 
tween quiritarian and bonitarian ownership was de- 
stroyed. 

Ownership was also acquired in the case of occu- 
patio, accessio, &c. {Vid. Accessio, Alluvio, Con- 
fusio.) 

A man who had a legal capacity could acquire 
property either himself or by those who were "in 
potestate, manu, mancipiove." He could even ac- 
quire thus per universitatem, as in the case of an 
hereditas ; and also he could thus acquire a legacy. 
If a slave was a man's in bonis, everything that the 
slave acquired belonged to the owner in bonis, and 
not to him who had the bare quiritarian ownership. 
If a man was the " bona fide possessor" of another 
person, whether that person happened to be a free- 
man supposed to be and possessed as a slave, or 
was the property of another, the possessor only ac- 
quired the ownership of that which the person so 
possessed acquired " ex re possidentis" and ex " op- 
ens suis." The same rule applied to a slave in 
which a man had only the ususfructus ; and the 
rule was consistent with the rule just laid down, for 
ususfructus was not property. Sons who were in 
the power of a father, and slaves, of course, could 
not acquire property for themselves. {Vid. Pecu- 

LIUM.) 

Ownership was lost either with the consent of 
the owner or against it. With the consent when 
he transferred it to another, which was the general 



1. (Frag^xix.^O^J.) 



375 



DON ARIA. 



DONARIA. 



mode of acquiring and losing property; without the 
consent when the thing perished, when it became 
the property of another by accession or usucapion, 
when it was judicially declared to be the property 
of another, or forfeited by being pledged. Owner- 
ship was not lost by death, for the heres was con- 
sidered to be the same person as the defunct. 

As certain persons had not a capacity to acquire, 
oo some persons had not a liability to lose when 
others had. Thus the property of a pupillus who 
was in tutela legitima could not become* the prop- 
erty of another by usucapion ; a fundamentafprin- 
ciple of law, which Cicero, with good reason, was 
surpi isel that his friend Atticus did not know. 1 

Ownership might be lost by the maxima capitis 
diminutio ; when it was the consequence of a con- 
viction for a capital crime, the property was forfeit- 
ed to the state. (Vid. Sectio Bonorum.) The 
media capitis diminutio only affected an incapacity 
for quiritarian ownership : the person could still re- 
tain or acquire property by the jus gentium ; still, if 
the media capitis diminutio was the consequence 
of conviction for a capital crime, it had the same 
consequences as the maxima. 2 

DO'MINUS. (Vid. Dominium.) 

DOMFTIA LEX. (Vid. Pontifex.) 

DOMUS. (Vid. House.) 

DONA'RIA (avadrjfiaTa or avaKztp.tva') are names 
by which the ancients designated presents made to 
the gods, either by individuals or communities. 
Sometimes they are also called dona or dupa. The 
belief that the gods were pleased with costly pres- 
ents, was as natural to the ancients as the belief 
that they could be influenced in their conduct to- 
wards men by the offering of sacrifices ; and, in- 
deed, both sprang from the same feeling. Presents 
were mostly given as tokens of gratitude for some 
favour which a god had bestowed on man ; but 
some are also mentioned which were intended to 
induce the deity to grant some especial favour. At 
Athens, every one of the six thesmothetae, or, ac- 
cording to Plato, 3 all the nine archons, on entering 
upon their office, had to take an oath, that if they 
violated any of the laws, they would dedicate in the 
temple of Delphi a gilt statue of the size of the man 
who dedicated it (avSpiavra xpvcovv laofierpnTov*). 
Tn this last case the anathema was a kind of punish- 
ment, in which the statue was regarded as a sub- 
stitute for the person forfeited to the gods. Almost 
all presents of this kind were dedicated in temples, 
(.0 which, in some places, an especial building was 
added, in which these treasures were preserved. 
Such buildings were called dnaavpoi (treasuries) ; 
and in the most frequented temples of Greece, many 
states had their separate treasuries. 5 The act of 
dedication was called avaridevai, donate, dedicate, 
or sacrare. 

The custom of making donations to the gods is 
found among the ancients from the earliest times 
of which we have any record, down to the introduc- 
tion of Christianity ; and even after that period, 
it was, with some modifications, observed by the 
Christians during the Middle Ages. In the heroic 
ages of Grecian history the anathemata were of a 
simple description, and consisted of chaplets and 
garlands of flowers. A very common donation to 
the godi seems to have been that of locks of hair 
'icopnc tnrapxai), which youths and maidens, espe- 
'jally young brides, cut off from their heads and 



1. (ad Att., i., 5.)— 2. (Mackeldey, Lehrbuch, &c— " Ueber 
die 'Verschiedenen Arten des Eigenthums," &c, von Unterholz- 
ner, Ithein. Mus. Erster Jahrg. — Savigny, Das Recht des Besit- 
»*.— Gams.— Ulp., Frag.)— 3. (Phsedr.. p. 235, D.) — 4. (Vid. 
Plut , Sol., 25.— Pollux. Onom., viii., 85.— Snid., s. v. xpvc?) 
li«wi--. — Heraclid., Pont, u 1.)— 5. (BiJckh, Staatshaus,, i., p. 
471.) 

*V76 



consecrattd to some deity. 1 This custom in soma 
places lasted till a very late period : the maidens ol 
Delos dedicated their hair before their wedding to 
Hecaeige, 2 and those of Megara to Iphinoe. Pau- 
sanias 3 saw the statue of Hygieia at Titane cov- 
ered all over with locks of hair, which had been 
dedicated by women. Costly garments (ir£7rl.oi) 
are likewise mentioned among the earliest presents 
made to the gods, especially to Athena and Hera.* 
At Athens, the sacred Tzeirloc of Athena, in which 
the great adventures of ancient heroes were worked, 
was woven by maidens every fifth year, at the fes- 
tival of the great Panathenaea. (Vid. Arrhepho- 
ria.) 5 A similar peplus was woven every five 
years at Olympia by sixteen women, and dedicated 
to Hera. 6 

At the time when the fine arts flourished in 
Greece, the anathemata were generally works of 
art of exquisite workmanship, such as high tripods 
bearing vases, craters, cups, candelabras, pictures, 
statues, and various other things. The materials 
of which they were made differed at different times ; 
some were of bronze, others of silver or gold, 7 and 
their number is to us almost inconceivable. 8 The 
treasures of the temples of Delphi and Olympia, in 
particular, surpass all conception. Even Pausanias, 
at a period when numberless works of art must have 
perished m the various ravages and plunders to 
which Greece had been exposed, saw and described 
an astonishing number of anathemata. Many works 
of art are still extant, bearing evidence, by their in- 
scriptions, that they were dedicated to the gods as 
tokens of gratitude. Every one knows of the mag- 
nificent presents which Croesus made to the god of 
Delphi. 9 It was an almost invariable custom, after 
the happy issue of a war, to dedicate the tenth part 
of the spoil (anpbdiviov, tiKpoXeiov, or 7r pur oTleiov) to 
the gods, generally in the form of some work of 
art. 10 Sometimes magnificent specimens of ar- 
mour, such as a fine sword, helmet, or shield, were 
set apart as anathemata for the gods. 11 The Athe- 
nians always dedicated to Athena the tenth part of 
the spoil and of confiscated goods; and to all the 
other gods collectively, the fiftieth part. 18 After a 
seafight, a ship, placed upon some eminence, was 
sometimes dedicated to Neptune. 13 It is not improb- 
able that trophies, which were always erected on the 
field of battle, as well as the statues of the victors 
in Olympia and other places, were originally intend- 
ed as tokens of gratitude to the god who was sup 
posed to be the cause of the success which the vic- 
torious party had gained. We also find that, on 
some occasions, the tenth part of the profit of some 
commercial undertaking was dedicated to a god in 
the shape of a work of art. Respecting the large 
and beautiful crater dedicated by the Samians to 
Hera, see the article Crater. 

Individuals who had escaped from some dangei 
were no less anxious to show their gratitude to the 
gods by anathemata than communities. The in- 
stances which occur most frequently are those of 
persons who had recovered from an illness, especi- 
ally by spending one or more night's in a temple of 
Asclepius (incubatio). The most celebrated tem- 
ples of this divinity were those of Epidaurus, Cos, 
Tricca, and, at a later period, that of Rome. 14 Cures 

1. (Horn., II., xxiii., 141. — .yEschyl., Cho€ph., 6. — Eurip 
Orest., 96 and 1427 ; Bacch., 493 ; Helen., 1093.— Plut., Thes., 5 
— Paus., i., 37, i) 2.)— 2. (Paus.,i., 43, <> 4.)— 3. (ii., 11, t> 6.)— 4. 
(Horn., 11., vi., 293-303.)— 5. (Compare Aristoph., Av., 792.— 
Pollux, vii., 50. — Wesseling- ad Diod. Sic, ii., p. 440.) — 6. 
(Paus., v., 16. § 2.)— 7. (Athen., vi., p. 231. &c)— 8. (Demosth., 
Olynth., iii., p. 35.)— 9. (Herod., i., 50, &c.)— 10. (Herod., viii„ 
82, 121.— Thucyd., i., 132.— Paus., iii.. 18, $ 5.)— 11. (Aristoph., 
Equit., 792, and schol.) — 12. (Demosth., c. Tiicocr.. p. 738, <fec 
— Bockh, Staatsb., i., p. 352, &c.) — 13. (Thucyd., ii., 84.— He 
rod., viii., 121.) — 14. (Plin., H. N., x«ix., 1.— Compare F A. 
Wolf, Vermischte Schriften und Aufsat/.e, p. 411, &c.) 



DONATIO MORTIS CAUSA. 



DONATIONES INTER VI RDM, &c. 



were also effected in the Grotto of Pluto and Pro- 
serpina, is the neighbourhood of Nysa. 1 In all cases 
in which a cure was effected, presents were made 
to the temple, and little tablets (tabula: votiva) were 
suspended on its walls, containing an account of 
the danger from which the patients had escaped, and 
of the manner in which they had been restored tc 
health. Some tablets of this kind, with their in- 
scriptions, are still extant. 2 From some relics of 
ancient art, we must infer, that in some cases, when 
a particular part of the body was attacked by dis- 
ease, the person, after his recovery, dedicated an 
imitation of that part in gold or silver to the god to 
whom he owed his recovery. Persons who had 
escaped from shipwreck usually dedicated to Nep- 
tune the dress which they wore at the time of their 
danger ; 3 but if they had escaped naked, they dedi- 
cated some locks of their hair.* Shipwrecked per- 
sons also suspended votive tablets in the Temple 
of Neptune, on which their accident was described 
or painted. Individuals who gave up the profession 
or occupation by which they had gained their liveli- 
hood, frequently dedicated in a temple the instru- 
ments which they had used, as a grateful acknowl- 
edgment of the favour of the gods. The soldier 
thus dedicated his arms, the fisherman his net, the 
shepherd his flute, the poet his lyre, cithara, or 
harp, &c. 

It would be impossible to attempt to enumerate 
all the occasions on which individuals, as well as 
communities, showed their gratefulness towards 
the gods by anathemata. Descriptions of the most 
remarkable presents in the various temples of 
Greece may be read in the works of Herodotus, 
Strabo, Pausanias, Athenaeus, and others. 

The custom of making presents to the gods was 
common to Greeks and Romans, but among the 
latter the donaria were neither as numerous nor as 
magnificent as in Greece ; and it was more frequent 
among the Romans to show their gratitude towards 
a god by building him a temple, by public prayers 
and thanksgivings (supplicatio), or by celebrating 
festive games in honour of him, than to adorn his 
sanctuary with beautiful and costly works of art. 
Hence the word donaria was used by the Romans 
to designate a temple or an altar, as well as statues 
and other things dedicated in a temple. 5 The oc- 
casions on which the Romans made donaria to their 
gods are, on the whole, the same as those we have 
described among the Greeks, as will be seen from 
a comparison of the following passages : Liv., x., 
36 ; xxix., 36 ; xxxii., 30 ; xl , 40, 37.— Plin., Hist. 
Nat., vii., 48. — Suet., Claud., 25. — Tacit., Ann., hi., 
71. — Plaut., Amphitr., III., ii., 65; Curcul., I., i., 
61 ; II., ii., 10. — Aurel. Vict., Cces., 35. — Gellius, ii., 
10. — Lucan, ix., 515. — Cic, De Nat. Deor., hi., 37. 
— Tibull., ii., 5, 29 — Horat., Epist., I., I, 4.— Stat., 
Sylv., iv., 92. 

DONATIO MORTIS CAUSA. There were 
three kinds of donatio mortis causa : 1. When a 
man, under no present apprehension of danger, but 
moved solely by a consideration of human mortali- 
ty, makes a gift to another. 2. When a man, being 
in immediate danger, makes a gift to another in 
such a manner that the thing immediately becomes 
the property of the donee. 3. When a man, under 
the like circumstances, gives a thing in such a man- 
ner that it shall becomo the property of the donee 
in case the giver dies. Every person could re- 
ceive such a gift who was capable of receiving a 
legacy. 

It appears, then, that there were several forms 



1. (Strab., ix., p. 437 ; xiv p. 649.)— 2. (Wolf, 1 
At.) 3. (Hur, Carm., i., 5, 13. — Virg., ^n., xii. 
fLucian, De More. Cond., c. 1, vol. i., p. 652, ed. 
iTirg., Georjr., iii., 5S3. — Ovid, Fast., iii., 335.) 
Bbc 



c, p. 424, 
, 768.) -4. 
Reitz.)— 5. 



of gift called donatio mortis causa ; but the third 
seems the only proper one, and that of which men- 
tion is chiefly made, for it was a rule of law that a 
donation of this kind was not perfected unless death 
followed, and it was revocable by the donor. A 
thing given absolutely could hardly be a donatio 
mortis causa, for this donatio had a condition at- 
tached to it, namely, the death of the donor and the 
survivorship of the donee. 1 The thing might be a 
thing capable of traditio or delivery, or it might be 
a promise of a sum of money to be paid after the 
death of the testator. It would appear as if the 
law about such donations was not free from diffi- 
culty. They were finally assimilated to legacies in 
all respects by Justinian, though this had been done 
in some particulars before his time. Still they dif- 
fered in some respects from legacies, for such a 
donation could take effect though there was no 
heres ; and a Alius familias, who could not make a 
will, might, with his father's consent, make a dona- 
tio mortis causa. 

The English law of donationes mortis causa is 
first stated by Bracton 2 in the very words of the 
Digest ; 3 and the present law is expounded by Lord 
Hardwicke ;* but what he there states to be the 
English law is not exactly the law as stated in 
Bracton. The rules of donationes mortis causa in 
English law are now pretty well fixed. Tradition 
or delivery is considered one essential of such a 
gift, and the death of the donor is another essential. 
The gift must not be an absolute gift, but a gift 
made in contemplation of, and to be perfected by 
the death of the donor. 5 

DONATIO PROPTER NUPTIAS signifies tha* 
which is given by a husband or by any other per- 
son to a woman on the occasion of her marriage, 
whether it be by way of security for her Jos, or for 
her support during the marriage or widowhood. 
Justinian required this donatio whenever the wife 
brought a dos ; and it was enacted that it should be 
equal in amount to the dos, and should be increased 
when the dos was increased. Such a gift was the 
property of the wife, but it was managed by the 
husband, and he was bound to apply it to its proper 
purposes ; but he could not alienate it, even with 
the consent of the wife. 6 

DONATIO'NES INTER VIRUM ET UXOREM. 
During marriage, neither husband nor wife could, as 
a general rule, make a gift of anything to one an- 
other. This rule would, however, only apply where 
there was no conventio in manum ; for in such a 
case the rule of law would be unnecessary, because 
a gift between husband and wife would be legally 
impossible. The reason for this rule was said to be 
the preservation of the marriage relation in its pu- 
rity, as a contract subsisting by affection, and not 
maintained by purchase or by gift from one party 
to the other. The reason seems a singular one, 
but it is that which is given by the Roman writers 
It has apparently a tacit reference to the power ol 
divorce, and apppars like an implied recommenda- 
tion of it when the conjugal affection ceases. Do- 
nationes of this kind were, however, valid when 
there were certain considerations, as mortis causa, 
divortii causa, servi manumittendi gratia. By cer- 
tain imperial constitutions, a woman could make 
gifts to her husband in order to qualify him for cer- 
tain honours. It must be remembered, that when 
there was no conventio in manum, 7 a wife retained 
all her rights of property which she did not surren- 
der on her marriage (vid. Dos), and she might, during 
the marriage, hold property quite distinct from her 

1. (Compare Dig. 39, tit. 6, s. 1 and 35.)— 2. (ii., c. 26.)— J 
(36, tit. 6, s. 2, &c.)— 4. (Ward v. Turner, 2 Vez., 431.) -5 
(Dig. 39, tit. 6.— Cod. viii., tit. 57.)— 6. (Cod v., tit. 3.— Not 
97, c. 1 ; 117, c. 4, &c.)— 7. (Gaius, ii., 98.) 

377 



DORSUARIUS. 



DOS. 



husband It was a consequence of this rule as to 
gifts between husband and wife, that eveiy legal 
form by which the gift was affected to be transferred, 
as mancipatio, cessio, and traditio, conveyed no 
ownership ; stipulations were not binding, and ac- 
ceptilationes were no release. A difficulty might 
remain as to usucapion, but the law provided for 
this also. If a woman received from a third person 
the property of her husband, and neither the third 
person, nor she, nor her husband knew that it was 
the husband's property, she might acquire the own- 
ership by usucapion. If both the giver and the 
husband knew at the time of the gift that it was the 
husband's property, and the wife did not know, it 
might also become her property by usucapion ; but 
not if she knew, for in that case the bona fides 
which was essential to the commencement of pos- 
session was wanting. If, before the ownership 
was acquired by usucapion, the husband and wife 
discovered that it was the husband's, though the 
husband did not choose to claim it, there was no 
usucapion ; for this would have been a mere eva- 
sion of the law. If, before the ownership was ac- 
quired by usucapion, the wife alone discovered that 
it was the husband's property, this would not de- 
stroy her right to acquire the property by usucapion. 
This, at least, is Savigny's ingenious explanation 
of the passage in Digest 24, tit. 1, s. 44. The 
strictness of the law as to these donations was re- 
laxed in the time of S. Severus, and they were 
made valid if the donor died first, and did not revoke 
his gift before death. There were also some ex- 
ceptions as to the general rule, which it is not 
necessary to particularize here. 1 

DONATFVUM. (Vid. Congiarium.) 
*DONAX (dovag), the species of reed called Arun- 
do donax. It derives its name from doveu, " to agi- 
tate" or " disturb," from its being easily agitated by 
the wind. Pliny, in speaking of it, says, " calamus 
fruticosissimus, qui vocatur Donax."' 1 Virgil styles 
it "fluvialis." 3 It was used for shepherds' pipes, 
writing-pens, angling-rods, &c. The modern Greeks 
call it Ka fa/xoc. Sibthorp found it everywhere in 
the marshy grounds.* 

*DORCAS (dopK&c). By the earlier commenta- 
tors on the classics, it was taken for a species of 
wild goat, but it is now generally acknowledged to 
be the Gazelle, or Antelope Dorcas. " In fact," ob- 
serves Adams, " the Arabian medical authors, Avi- 
cenna and Haly Abbas, were aware that it meant 
the Gazelle ; hence the term SopKadi&v of Galen is 
rendered gazellans by their translators. The dopnae 
is the tzebi of the Hebrew Scriptures. It is also 
called &pi; and 7rpd£." 5 

DORMITO'RIA. (Vid. House.) 
AfiPOAOKIAS TPASH. (Vid. Decasmos.) 
AQPQN TPA4>H. (Vid. Decasmos.) 
AS2POHENIA2 PPASH. (Vid. ZENIAZ TPAfcH.) 
DORPEIA or DORPIA. (Vid. Apaturia, p. 66.) 
DORPOJN. (Vid. Deipnon.) 
DORSUA'RIUS or DOSSUA'RIUS (vurotyopoe), 
a beast of burden. • 

In the mountainous parts of Italy, where it was 
impossible to use wheeled carriages, the produce of 
the country was borne on the backs of quadrupeds. 
In this manner the corn, wine, and oil of Apulia and 
Calabria were conveyed to the seacoast by asses, 
which are described by Varro 6 as " aselli dossuarii." 
in these elevated regions, as we learn from the 
same author, 7 the necessaries of life were brought 
to the pastoral inhabitants either by mares or by 
any other animal, " quod onus dorso ferre possit," 

1. (Dig. 24, tit 1.— Savigny, Zeitschnft, &c, i., p. 270.)— 2. 

(H. N., xvi., 36.)— 3. (Georg , ii., 414.)— 4. (Billerbeck, Flora 

Classica, p. 25.) — 5. (Aristot., II. A., ii., 2. — ^Elian, N. A., vii., 

47.* - A.dams, Append., s. v.)— 6. (De Re Rust., ii. f 6.)— 7. (c. 10.) 

378 



an expression designed to exp lam the et) mology of 
the epithet " dossuarius." 1 

Beasts of burden also accompanied the army,* 
and were used to carry a part of the baggage. In 
Eastern countries the camel has always been em- 
ployed as a beast of burden. 3 

The "jumenta dossuaria" carried their load ei 
ther by means of panniers (Kavfrfaia) (vid. Clitel 
l^e) or of the pack-saddle (aay^a). From using the 
latter, they were called " equi sagmarii," " muli 
sagmarii," &c, whence came the German " saum- 
thier," " saum-ross," &c, and the English " sump- 
ter-mule" and " sumpter-horse." 4 

The following woodcut, representing a mule and 
a camel accompanied by two Scythian or Gothic 
conductors, is taken from the column which was 
erected at Constantinople to commemorate the vic- 
tories of Theodosius I., and of which drawings 
were made by command of Mohammed II. 




■ *DORYC'NIUM (dopvKviov), a plant, in determin- 
ing which, botanical writers find some difficulty. 
The evidence preponderates in favour of the Con* 
volvulus Dorycnium, or Shrubby Bindweed. 5 

DORY (66pv). (Vid. Hasta.) 

DOS (GREEK). Euripides 6 makes Medeia com- 
plain that, independent of other misfortunes to which 
women were subject, they were obliged to buy their 
husbands by great sums of money (xpn/u-druv virep- 
661ij). On this the scholiast remarks, that the poet 
wrote as if Medeia had been his contemporary, and 
not a character of the heroic ages, in which it was 
customary for the husband to purchase his wife from 
her relations by gifts called edva or hdva. The same 
practice prevailed in the East during the patriarchal 
ages, 7 and Tacitus 8 says of the ancient Germans, 
"Dotem non uxor marito, sed uxori maritus offerl.' 

The custom of the heroic times is illustrated by 
many passages in Homer. Thus we read of the 
aTTspecata and fivpia £Sva, or many gifts by which 
wives were purchased. 9 In another place 10 we are 
told of a hundred oxen and a thousand sheep and 
goats having been given by a Thracian hero to his 
maternal grandfather, whose daughter he was about 
to marry. Moreover, the poetical epithet, aktycol- 
Cotai, 11 applied to females, is supposed to have had its 
origin in the presents of this sort which were made 
to a woman's relatives on her marriage. These 
nuptial gifts, however, or equivalents for them, were 
returned to the husband in the event of the com- 
mission of adultery by his wife, and perhaps in 
other cases." 

We must not infer from the above facts that it 
was not usual in those times for relations to give a 
portion with a woman when she married. On tlu\ 
contrary, mention is made 13 of the fieilia, or mar- 
riage gifts which men gave with their daughter? 
(enedoiiav), and we are told by iEschines 14 of one of 
the sons of Theseus having received a territory 
near Amphipolis as a tyepvrj, or dower with his wife. 

1. (Compare Virg., Georg., i., 273-275.)— 2. (Xen., Cyr., vi., S 
I) 34.)— 3. (Diod. Sic, ii., 54 ; iii., 45 ; xvii., 105.)— 4. (Menage, 
Diet. Etym., s. v. Sommier. — Adelung, Glossar. Manuale, t. vi.- 
p. 22-24.)— 5. (Nicand., Alex., 376. — Dioscor., iii., 75. — Galen. 
De Simpl., vi. — Schulze, Toxicol. Vet. — Schneider ad Nicand., 1 
c. — Adams, Append, s. v.) — 6. (Medea, 236.) — 7. (Genes., xxxir.. 
2.)— 8. (Germ., c. 18.)— 9. {II, xvi., 178, 1«0.)— 10. (II, xi., 243.) 
—11. (Heyne ad 11., xviii., 593.)— 1$ (Od., visi., 318 ) -13. (U. 
ii., 147.) — 14. (nepl HaoairDZc6. t 33.} 



DOS 



DOS. 



Moreover, both Andromache and Penelope are spo- 
ken of as akoxoi TroAvdopoi, 1 or wives who brought 
to their husbands many gifts, which probably would 
have been returned to their relations in case of a 
capricious dismissal. 2 

The Doric term for a portion was dwrivn, and 
Muller 3 observes that we know for certainty that 
daughters in Sparta had originally no dower, but 
were married with a gift of clothes only; after- 
ward they were at least provided with money and 
other personal property :* but in the time of Aris- 
totle, 5 so great were the dowers given (dcd to izpo'C- 
Ka£ didovac fiEydlaq), and so large the number of 
ekLk'Xjjpol, or female representatives of families 
(oIkol), that nearly two fifths of the whole territory 
of Sparta had come into the possession of females. 
The regulations of Solon were, according to Plu- 
tarch, 6 somewhat similar in respect of dower to the 
old regulations at Sparta : for the Athenian legisla- 
tor, as he tells us, did not allow a woman, unless 
she were an eiriKlnpoc, to have any fyepvfi or dower, 
except a few clothes and articles of household fur- 
niture. It is plain, however, that such an interfe- 
rence with private rights could not be permanent ; 
and, accordingly, we find that, in after times, the 
dowers of women formed, according to the account 
in Bockh, 7 a considerable part of the movable prop- 
erty of the state : " even with poor people they va- 
ried in amount from ten to a hundred and twenty 
minas. The daughter of Hipponicus received ten 
talents at her marriage, and ten others were prom- 
ised her." This, however, was a very large por- 
tion, for Demosthenes 8 informs us that even five 
talents w r ere more than was usually given, and Lu- 
cian 9 also speaks of the same sum as a large dowry. 
The daughters of Aristeides received from the state, 
as a portion, only thirty minas each. 10 We may ob- 
serve, too, that one of the chief distinctions between 
a wife and a Tra^Aa/c^ consisted in the former having 
a portion, whereas the latter had not ; hence per- 
sons who married wives without portions appear to 
have given them or their guardians an dfioloyia 
npotKoc, 11 or acknowledgment in writing, by which 
the receipt of a portion was admitted. (Vid. Con- 
cubixa.) Moreover, poor heiresses (tuv tTUKXr/puv 
oaat driTiKov te?>qvciv) were either married or por- 
loned by their next of kin (vid. Archon), accord- 
ing to a law which fixed the amount of portion to be 
riven at five minas by a Pentacosiomedimnus, three 
)y a Horseman, and one and a half by a Zeugites. 12 
(n illustration of this law, and the amount of por- 
.ion, the reader is referred to Terence, who says, 13 

" Lex est ut orbce, qui sint genere proximi 
lis nubant ;" 
and again, 

" Ilidem ut cognata si sit, id quod lex jubet, 
Dotem dare, abduce hanc : minas quinque accipe." 1 * 

We will now state some of the conditions and 
obligations attached to the receipt of a portion, or 
Trpoi^, in the time of the Athenian orators. The 
most important of these was the obligation under 
which the husband lay to give a security for it, ei- 
ther by way of settlement on the wife, or as a pro- 
vision for repayment in case circumstances should 
arise to require it. With regard to this, we are told 
that, whenever relatives or guardians gave a woman 
a portion on her marriage, they took from the hus- 
band, by way of security, something equivalent to it, 
as a house or piece of land. The person who gave 



1. (II., vi., 394.-0(1., xxiv , 294.)— 2. (Od., ii., 132.)— 3. (Dor., 
iii., 10.)— 4. (Plut., Lys., 30.)— 5. (Polit., ii., 6, t> 10.)— 6. (Vit. 
Solon.)— 7. (Pub. Econ. of Athens., ii., 283, transl.)— 8. (c. 
Steph., 1112, 19, and 1124, 2.)— 9. (Dial. Meretr., p. 298, ed. 
Reitz.)— 10. (Plat., Aris., 27.— ^Esch., c. Ctes., p. 90.)— 11. (Isae- 
ti8, De Pyr. Hcred., p. 41.)— 12. (Demosth., c. Macar.. 1068 ^— 
13. (Phonn., II., i., 75.)— 14. (II.. ii., 62.) 



this equivalent (To airorifnflic) was said uironftpv : 
the person who received it, a-n-oriuacb at. 1 The 
word aizoTLfirjiia is also used generally for a securi 
ty. 2 The necessity for this security will appeal 
from the fact that the portion was not considered 
the property of the husband himself, but rather of 
his wife and children. Thus, if a husband died, 
and the wife left the family (air&nre rbv ohov), she 
might claim her portion, even though children had 
been born ;' and in the event of a wife dying with- 
out issue, her portion reverted to the relatives who 
had given her in marriage (oi nvpioi) and portioned 
her. 4 The portion was also returned if a husband 
put away his wife, and in some cases, probably set- 
tled by law, when a woman left her husband. 5 

That, after the death of the wife, her portion be- 
longed to her children, if she had left any, may be 
inferred from Demosthenes ; 8 if they were minors, 
the interest was set apart for their education and 
maintenance. When the husband died before the 
wife, and she remained in the family ({ievovcnc ev 
tCj olku), the law appears to have given her portion 
to her sons, if of age, subject, however, to an allow • 
ance for her maintenance. 7 

If the representatives of the deceased husband 
(ol rbv Kkripov exovrec) wrongfully withheld her por- 
tion from his widow, her guardians could bring an 
action against them for it, as well as for alimonv 
(dinn npoLnbe koc oltov 6 ). Moreover, if a husband, 
after dismissing his wife, refused to return her por- 
tion, he might be sued for interest upon it as well 
as the principal : the former would, of course, be 
reckoned from the day of dismissal, and the rate 
was fixed by law at nine oboli for every mina, or 
about 18 per cent. The guardians were farther au- 
thorized by the same law to bring an action for ali 
mOny in the Qidelov. 9 We may add that a o7/cjj 
irpoiKog was one of the e/x/uvvoi dinat, or suits that 
might be tried every month. 10 

DOS (ROMAN). Dos (res uxoria) is everything 
which, on the occasion of a woman's marriage, was 
transferred by her, or by another person, to the hus- 
band, or to the husband's father (if the husband waa 
in his father's power), for the purpose of enabling 
the husband to sustain the charges of the marriage 
state (onera matrimonii). All the property of the 
wife which was not made dos, or was not a dona- 
tio propter nuptias, continued to be her own, and 
was comprised under the name of parapherna. The 
dos, upon its delivery, became the husband's proper 
ty, and continued to be his so long as the marriage 
relation existed. All things that could be objects 
of property (vid. Dominium), as well as a jus in re, 
and, in fact, anything by which the substance of the 
husband could be increased, might be the objects of 
dos. Any person who had a legal power to dispose 
of his property could give the dos ; but the dos was 
divided into two kinds, dos profecticia and dos ad- 
venticia, a division which had reference to the de- 
mand of the dos after the purposes were satisfied 
for which it was given. That dos is profecticia 
which was given by the father or father's father of 
the bride ; and it is profecticia, even if the daughter 
was emancipated, provided the father gave it as 
such (ut parens). All other dos is adventicia. The 
dos recepticia was a species of dos adventicia, and 
was that which was given by some other person 
than the father or father's father, on the considera« 
tion of marriage, but on the condition that it should 
be restored on the death of the wife. The giving 



1. (Harpocrat., s. v — Demosth., c. Cmet., p. 886.)— 2. (Poll., 
Onom., viii., 142.)— 3. (Demosth., Boeot. De Dot., 1010.)— 4 
(Isjeus, De Ciron. Hered., 69.— De Pyr. Hered., 41.)— 5. (De 
Pyr. Hered., 45.)— 6. (c. Boeot. De Dot., p. 1023 and 1026.)— 
7. (Id., c. Phaen., p. 1047.)— 8. (Isebus, De Pyr. Hered., p. 45. ~ 
Hudtwalcker, Diaet., note 84 )— 9. (Demosth., c. Neasr., p. 1362.) 
—10. (Pollux, Onom., viii.. 63, 101.) 

379 



DOS. 



DRACHMA. 



or the dos depended on the will of the giver ; but 
certain persons, such as a father and father's fa- 
ther, were bound to give a dos with a woman when 
she married, and in proportion to their means. The 
dos might be either given at the time of the mar- 
riage, or there might be an agreement to give. The 
technical words applicable to the dos were dare, di- 
cere, promittere. Any person was competent dare, 
promittere. The word dicere was applied to the 
woman who was going to marry, who could prom- 
ise all property as dos, but the promise was not 
binding unless certain legal forms were observed 
(non debcri viro dotem, quam nullo auctore dixisset 1 ). 
An example of a promissio dotis occurs in Plautus. 2 
As the dos became the husband's property, he had 
a right to the sole management, and to the fruits of 
it ; in fact, he exercised over it all the rights of 
ownership, with the exception hereafter mentioned. 
He could dispose of such parts of the dos as con- 
sisted of things movable ; but the Julia lex (de 
adulteriis) prevented him from alienating such part 
of the dos as was land {fundus dotalis, dotalia pra- 
dia; 3 dotales agri*) without his wife's consent, or 
pledging it with her consent. 5 The legislation of 
Justinian prevented him from selling it also, even 
with the wife's consent, and it extended the law to 
provincial lands. 

The husband's right to the dos ceased with the 
marriage. If the marriage was dissolved by the 
death of the wife, her father or father's father (as 
the case might be) was entitled to recover the dos 
profecticia, unless it had been agreed that in such 
case the dos should belong to the husband. The 
dos adventicia became the property of the wife's 
heirs, unless the person who gave it had stipulated 
that it should be returned to him (dos reccpticia). 
The dos could be claimed immediately upon the 
dissolution of the marriage, except it consisted of 
things quae numero, &c, for which time was al- 
lowed. 6 

In the case of divorce, the woman, if she was sui 
juris, could bring an action for the restitution of 
the dos ; if she was in the power of her father, he 
brought the action jointly with his daughter. ( Vid. 
Divortium.) 

The dos could not be restored during the mar- 
riage, for this was contrary to a positive rule of law. 
(Vid. Donatio inter virum et uxorem.) Yet, in 
the case of the husband's insolvency, the wife could 
demand back her dos during the marriage. In cer- 
tain cases, also, the husband was permitted to re- 
store the dos during the marriage, and such resto- 
ration was a good legal acquittance to him : these 
excepted cases were either cases of necessity, as 
the payment of the wife's debts, or the sustentation 
of near kinsfolks. 7 

What should be returned as dos depended on the 
fact of what was given as dos. If the things given 
were ready money, or things estimated by quantity, 
&c, the husband must return the like sum or the 
like quantity. If the things, whether movable or 
immovable, were valued when they were given to 
the husband (dos cestimata), this was a species of 
sale, and at the end of the marriage the husband 
must restore the things or their value. If the 
things were not valued, he must restore the spe- 
cific things, and he must make good all loss or de- 
terioration which had happened to them except by 
accident. But the husband was entitled to be re- 
imbursed for all necessary expenses (impensae ne- 
cessaries) ; as, for instance, necessary repairs of 
houses incurred by him in respect of his wife's 



1. (Cic, Pro Caecin., c. 25. — Compare Pro Flacc, c. 34, 35, 
and Ulp., Frag., xi., 20.)— 2. (Trinumm., v., 2.)— 3. (Cic, Ep. ad 
Att., xv., 20.)— 4. (Hor., Ep., I., i., 21.)— 5. (Gaius, ii., 63.— Inst., 
ii., 8.) — 6. (Ulp., Frag., vi., s. 8 ; but compare Cod. v., tit. 13, s. 
Tl.) — 7. (Zeitschrift, &c , v., d. 311, essay by Hasse.) 
380 



property, and also for all outlays by which he had 
improved the property (impensce utiles). 

The husband's heirs, if he were dead, were bound 
to restore the dos. The wife's father, or the sur- 
viving wife, might demand it by an actio ex stipu- 
latu de dote reddenda, which was an actio stricti 
juris, if there was any agreement on the subject ; 
and by an actio rei uxoriae or dotis, which was an 
actio bonae fidei, when there was no agreement. 
A third person who had given the dos must always 
demand it ex stipulatu, when he had bargained for 
its restoration. Justinian enacted that the action 
should always be ex stipulatu, even when there 
was no contract, and should be an actio bonae fidei. 

The wife had no security for her dos, except in 
the case of the fundus dotalis, unless she had by 
contract a special security ; but she had some priv- 
ileges as compared with the husband's creditors 
Justinian enacted that on the dissolution of the mar- 
riage the wife's ownership should revive, with all 
the legal remedies for recovering such parts of the 
dos as still existed ; that all the husband's property 
should be considered legally pledged (tacita hypoth- 
eca) as a security for the dos ; and that the wife, 
but she alone, should have a priority of claim on 
such property over all other creditors to whom the 
same might be pledged. 

The dos was a matter of great importance in Ro- 
man law, both because it was an ingredient in al- 
most every marriage, and was sometimes of a large 
amount. The frequency of divorces also gave rise 
to many legal questions as to dos. A woman whose 
dos was large (dotata uxor) had some influence over 
her husband, inasmuch as she had the power of di- 
vorcing herself, and thus of depriving him of the 
enjoyment of her property. The allusions to the 
dos are numerous in the Roman writers. 

It is a disputed point whether there could be dos, 
properly so called, in the case of a marriage with 
conventio in manum. (Vid. Marriage.) 1 

DOULOS (Sovloc). (Vid. Servus.) 

*DRABE (dpddri), Pepper wort, or Lepidium draba* 

DRACHMA (dpaxurj), the principal silver coin 
among the Greeks. The two chief standards in the 
currencies of the Greek states were the Attic and 
iEginetan. We shall, therefore, first speak of the 
Attic drachma, and afterward of the iEginetan. 

The average weight of the Attic drachma from 
the time of Solon to that of Alexander was 665 
grains. It contained about -^th of the weight al- 
loy ; and hence there remain 654 grains to be val- 
ued. Each of our shillings contains 80-7 grains of 

pure silver. The drachma is, therefore, worth — — - 
r 80-7 

of a shilling, or 9 72 pence, which may be called 
9fd. 3 After Alexander's time, there was a slight 
decrease in the weight of the drachma, till, in course 
of time, it only weighed 63 grains. The drachma 
contained six obols (o6o%oi) ; and the Athenians had 
separate silver coins, from four drachmae to a quar- 
ter of an obol. Among those now preserved, the 
tetradrachm is commonly found ; but we possess 
no specimens of the tridrachm, and only a few of 
the didrachm. Specimens of the tetrobolus, triobo- 
lus, diobolus, three quarter obol, half obol, and quar 
ter obol, are still found. The following table, taken 
from Hussey, gives the value in English money of 
the Athenian coins, from a quarter obol to a tetra- 
drachm : 

Pence. Farth. 

\ Obol 1625 

£ Obol 3-25 

Obol 1 2-5 

1. (Hasse, Rhein. Mus., ii., 75. — Compare Ulp., Frag-., vi.— 
Dig. 23, tit. 3.— Cod. v., tit. 12.)— 2. (Dioscor., iii., 186.)— J 
(Husse)', Ancient Weights and Money, p 47, 48 ) 



DRACHMA. 



DRACO. 



Shill. Pence. Farth. 

Diobolos 3 1 

Triobolus 4 35 

Tetrobolus 6 2 

Drachma 9 3 

Didrachm 1 7 2 

Teti^drachm 3 3 

The mina contained 100 drachma?, and was, con- 
sequently, equal to 41. Is. 2d. ; and the talent 60 
ininae, and was thus equal to 243/. 15s. Od. Re- 
specting the value of the different talents among 
the Greeks, vid. Talent. 

The tetradrachm in later times was called sta- 
ter j 1 but it has been doubted whether it bore that 
name in the flourishing times of the Republic. 8 We 
know that stater, in writers of that age, usually sig- 
nifies a gold coin, equal in value to twenty drachmae 
{vid. Stater) ; but there appear strong reasons for 
believing that the tetradrachm, even in the age of 
Thucydxles and Xenophon, was sometimes called 
by this name. 3 

The obolos, in later times, was of bronze ;* but in 
the best times of Athens we only read of silver obols. 
The x a ^ K °v£ was a copper coin, and the eighth part 
ofanobol. (Vid. &s, p. 30.) 

The Attic standard was used at Corinth, Cyrene, 
and Acanthus, and in Acarnania, Amphilochia, Leu- 
cadia, Epirus, and Sicily ; it was the standard of 
Philip's gold, and was introduced by Alexander for 
silver also. The ^Eginetan standard appears to 
have been used in Greece in very early times. Ac- 
cording to most ancient writers, money was first 
coined at ^Egina by order of Pheidon of Argos (vid. 
Argentu*) ; and the ^Eginetan standard was used 
in almost all the states of the Peloponnesus, with 
the exception of Corinth. It was also used in Bceo- 
tia, and in some other parts of northern Greece, 
though the Attic standard prevailed most in the 
maritime and commercial states. 



ATHENIAN DRACHMA. BRITISH MUSEUM. 
ACTUAL SIZE. 

The average weight of the ^Eginetan drachma, 

calculated by Mr. Hussey 6 from the coins of iEgina 

and Bceotia, was 96 grains. It contains about ^d 

part of the weight alloy. Hence its value is 93 

93 
grains of pure silver, or, as before, — — of a shilling ; 

80 - 7 

that is, Is. Id. 32 farthings. The largest coin of 

the ^Eginetan standard appears to have been the 

didrachm, and the values of the different coins of 

this standard are as follow : 

Shill. Pence. Farth. 

£ Obol 1 0583 

Obol 2 1-166 

Diobolus .... 4 2-33 

Triobolus 6 2-5 

Drachma 1 3 

Didrachm 2 3 2 

The proportion of the ^Eginetan drachma to the 
Attic, according to the value given above, is as 93 
to 654, or as 4- 18 to 3 nearly. According to Pol- 
lux, however, the proportion was 5 to 3 ; for he 
states 6 that the iEginetan drachma was equal to 10 

1. (Phot., s. v. "Zrarrjp. — Hesych., s. v. T^avKeg AavpiwriKai. 
— Matth., xxvii., 27.)— 2. (Hussey, Ibid., p. 49.)— 3. (Thucyd., 
m., 70, with Arnold's note.— Xen., Hell., V., ii., $ 22.)— 4. (Lu- 
cian, Contempl., 11., vol. i., p. 504, ed. Reiz.)— 5 tp. 59, 60.)— 
« (ix.. 76, 86.) 




Attic obols, and that the JSginetan talent contained 
10,000 Attic drachmae. His authority, however, 
cannot be of any weight against the evidence of ex- 
isting coins ; for the comparative value of ^Egine- 
tan and Attic money is a plain fact, which can be 
proved by experiments. But, as Mr. Hussey re- 
marks, 1 Pollux, " when he speaks of the Attic 
drachmae, does not mean the money of the full 
weight, which was coined in the time of Pericles en 
Xenophon, but such as passed for Attic in the Au- 
gustan and following ages, namely, the Roman dena- 
rius ; and this, too, not of the earliest standard, at 
the rate of 60 or 61 grains, but as it was coined 
when the weight had been reduced to |th of the Ro- 
man ounce, or about 53 grains." {Vid. Denarius l 




.ffiGINETAN DRACHMA. BRITISH MUSEUM. 
ACTUAL SIZE. 

The Attic and iEginetan were, as already re- 
marked, the chief standards of money in Greece : 
but there was a third standard used to some ex- 
tent, namely, that of the early coinage of Macedon, 
which was also adopted by the Greek kings of 
Egypt. The average weight of the Macedonian 
drachma was 1094 grains ; and, assuming the 
same quantity of alloy as in the iEginetan drachmae, 
it would be worth in our money Is. 3d. 28 far- 
things, or very nearly Is. 3f<Z. It has been sup- 
posed, however, by some writers, that this drachma 
was in reality a didrachm ; but the existence of 
large silver coins of four times this weight is an ar- 
gument for believing it to be the drachma, as we do 
not find any notice of eight-drachmae pieces. 

As the Romans reckoned in sesterces, so the 
Greeks generally reckoned by drachmae ; and when 
a sum is mentioned in the Attic writers without 
any specification of the unit, drachmae are usually 
meant. 3 

DRACO. I. (Vid. Signa Militaria.) 

*IL, or dp&Kwv xepvatog, the Land Dragon. "All 
the classical authors," observes Adams, M speak of 
the Land Dragon as being a most formidable ani- 
mal, and of immense bulk, some say 50, some 
60, and some 80 cubits in length. St. Augustine 
calls him the largest animal upon the face of the 
earth. Two species are described ; one with wings, 
and the other without wings." These accounts but 
ill agree with the following description of the Draco 
volans, L., by M. l'Abbe Bonnaterre : " Le plus grand 
des individus qu'on conserve au Cabinet du Roi a 
huit pouces deux lignes de longueur totale. II est 
doux, foible, tranquille, c'est le moins a craindre 
de tous les reptiles. Pourra-t-on se persuader que 
c'est Dragon a plusieurs tetes, qui reunissoit 1'agil 
ite de l'aigle, la force de lion, qui vomissoit des 
flammes, et dont les anciens nous ont fait un pein- 
ture." 3 Buffon also calls it the flying Lizard, a 
little harmless animal that only preys on insects. 
I cannot help thinking, however, that the extraordi- 
nary stories of antiquity regarding the Dragon must 
have had their origin in the exaggerated reports of 
travellers about the Boa Constrictor. I shall point 
out one circumstance which leads forcibly to this 
conclusion. ^Elian gives an account of a Dragon 
of extraordinary size, namely, 70 cubits long, which 
Alexander the Great saw in India, and which was 
kept as an object of worship. The po et Nonnus, 

1. (p. 32.)— 2. (Bockh, Pub. Econ. of Athens, i., p. 25 )— 3 
(Encyc. Method., lib. xxxiii., 61.) 



DROMEDARIUS. 



DUPLICARII 



alsa repeatedly connects the Dragon with the In- 
dian worship of Bacchus. 1 Now it is known that 
the Boa is worshipped even to this day in some parts 
of Hindustan. Still farther, if the reader will com- 
pare the descriptions of the Ethiopian dragons giv- 
en by JElian 2 and Philo 3 with the stories which 
Pliny 4 and Diodorus Siculus 5 tell of serpents, he 
will readily perceive that they are all referable to 
the great Boa. Another argument in favour of this 
opinion may be drawn from the famous group of 
the " Laocoon" in the Vatican. It must strike every 
person who has seen a model of it, that the immense 
serpents which are coiled around the human figures 
represent Boas. Now these serpents are called 
" dracones" by Pliny 6 in describing the group, and 
by Virgil 7 in his relation. of the event which forms 
the subject of it. Lord Byron, 8 by-the-way, is sin- 
gularly unfortunate in calling the serpent of the Lao- 
coon an " asp," since the asp was a comparatively 
small reptile, and is said by Nicander and other 
toxicologists to despatch its victim without pain. 
But the following passage in Jerome's life of Hi- 
larius puts the identity of the Dragon and the Boa 
beyond dispute : " Siquidem Draco, mirae magnitu- 
des, quos gentili nomine Boas vocant, ab eo quod 
tarn grandes sint ut boves glutire soleant, omnem 
late vastabat provinciam," 9 &c. In confirmation of 
he theory which is here sought to be established, 
he reader is referred to the remarks of Griffith in 
his edition of Cuvier. It may be stated with re- 
gard to the etymology of the term Boa, that, ac- 
cording to some of the ancient writers, this serpent 
was so called from its habit of following the hinds, 
in order to fasten itself to the teats of cows and 
suck their milk (" bourn lacte delectantur"). The 
so-called boas of the Eastern continent belong prop- 
erly to the genus Python. 10 

*DRAC0NT1UM (dpanovnov), a plant answer- 
ing, according to Fuchsius, Dodoneeus, Sprengel, 
and other botanical authorities, to the Arum Dra- 
8x,nculus, or Dragon herb. " It is the rdpxcov of 
Simeon Seth. The dpatcovriov erepov is the Arum 
Italicum, Lam., according to Sprengel. Stackhouse 
makes the dpatcovriov of Theophrastus to be the 
Arum maculatum, or spotted Wake-robin." 11 

*DREP'ANIS (dpsTravic), the name of a bird inci- 
dentally mentioned by Aristotle and Pliny. Ac- 
cording to Gaza and Scaliger, it is the same with 
the Reed-sparrow ; but this opinion is rejected by 
Hardouin. Schneider is inclined to rank it under 
the genus Procellaria of Linnaeus, called in English 
the Petrel, or Sea-swallow. 12 

*DROMEDAR'IUS, the Dromedary, or Camelus 
Dromedarius, L. This is the Arabian Camel (Ka.fi- 
rjlog 'Apa6cog, Aristot. ; Camelus Arabia, Plin.), 
having only one hunch, the Bactrian having two. 
Strictly speaking, however, the Dromedary is only 
a breed of the one-hunch kind. The name is of 
Greek origin, and refers to the fleetness of the ani- 
mal (dpouoe., "a race"). The one-hunch species 
extends from the foot of Caucasus over Persia and 
Turkey, Arabia, northern Africa, and India. (Vid. 
Camelus.) Those of Turkey are the strongest, and 
best suited for burden ; those of Arabia and Bom- 
bay the lightest ; and those of India, where there 
are breeds for both purposes constantly supplied by 
fresh importations from the northwest, are yet 
probably inferior in their class to those more in 
the vicinity of their original climate. 13 

1. (Dionys., xi., 59; ix., 14, &c.)— 2. (N. A., ii, 21.)— 3. 
to. 66.)— 4. (H. N., viii., 14.)— 5. (iii., 10, 37.)— 6. (H. N., 
sutxvi., 4 )— 7. (Mn., ii., 225.)— 8. (Childe Harold, i v., 160.)— 
9. (Adams, Append., s. v.) — 10. (Griffith's Cuvier, vol. ix., p. 
327, scqq.)— 11. (Theophrast., H. P., ix., 22.— Dioscor., ii., 195. 
— Paul. JEgin., vii., 3. — Adams, Append., s. v.) — 12. (Aristot., 
If. A., i., 1.— Plin., II. N., xi., 107. — Adams, Appendix, s. v.) — 
13. (Griffith's Cuvier, vol. iv., p. 49.) 
382 



*DRYTNUS (dpvivoc), a species of serpent, so 
called from its lodging in the hollows of oaks (dpve, 
" an oak"). According to Nicander, 1 it was also 
called x&vdpoc, an appellation given it because its 
scales are rough like those of a tortoise (x&vc, 
" a tortoise"). Sprengel supposes it to be the Colu- 
ber libertinus. Gesner says it is called in English 
the Sea-snail. 2 

*DRYOCALAPTES (dpvoKaMTzrnc), the Picus, 
or Woodpecker. " About the three species de- 
scribed by Aristotle," 3 remarks Adams, " there is 
considerable doubt. The first two would appear to 
be the Picus Martius, L., or the black Woodpecker ; 
and the Picus viridis, the green Woodpecker, or 
Popinjay. That the largest species is the Picus 
major, or Whitwall, has been conjectured, but can- 
not be affirmed with certainty. .The dpvoip of Aris- 
tophanes was most probably the Picus viridis."* 

*DRYOPT'ERIS (dpyonreptc), according to 
Sprengel, the Polypodium dryopleris, or Oak -fern. 
Dierbach, however, holds that the Asplenium adian- 
tum nigrum is also comprehended under it. 5 

*DRYPIS (dpviric), according to Sprengel and 
Stackhouse, the Drypis spinosa. Schneider, how- 
ever, has doubts. 6 

*DRYS (Spvg), the Oak. (Vid. Quercus.) 

DUCENARII, the name of various officers and 
magistrates, of whom the principal were as fol- 
low : 

I. Ducenarii was the name given to the Roman 
procuratores, who received a salary of 200 sester- 
tia. Dion Cassius 7 says that the procuratores first 
received a salary in the time of Augustus, and that 
they derived their title from the amount of their 
salary. We thus read of centenarii, trecenarii, &c., 
as well as of ducenarii. 8 Claudius granted to the 
procuratores ducenarii the consular ornaments. 9 

II. Ducenarii formed a class or decuria of judi- 
ces, and were first established by Augustus. 10 They 
w r ere so called because their property, as valued in 
the census, only amounted to 200 sestertia. They 
appear to have tried causes of small importance. 11 

III. Ducenarii were in later times officers who 
commanded two centuries, and who held the same 
rank as the primi hastati in the ancient legion. 18 

DUCENTE'SIMA was a tax of half per cent, 
upon all things sold at public auctions. The cente- 
sima, or tax of one per cent., was first established 
by Augustus, 13 and was reduced to half per cent, by 
Tiberius. 1 * The tax was abolished altogether by 
Caligula as far as Italy was concerned, 15 whence 
we find on some of the coins of this emperor the 
letters R. C C, that is, Remissa Ducentesima. On 
one of his coins, preserved in the British Museum, 
we find on the obverse, C. C^sar. Divi. Aug. 
Pron. Aug., and S. C. in the centre with the cap of 
liberty ; and on the reverse, Pon. M. Tr. P. III. P. 
P. Cos. Des. III., and in the centre R. C C. These 
last three letters have been interpreted by some 
writers to mean Rei Censiia Conservator ; but there 
can be no doubt that the interpretation given above 
is the correct one. 16 

DUPLICA'RII were soldiers who received double 
pay or double allowance for their services. 17 They 
are frequently mentioned in inscriptions, 18 but more 
commonly under the name of duplarii. 19 In one in- 

1. (Nicand., Ther.,411.)— 2. (Adams, Append., s. v.)— 3. (H. 
A., viii., 5.) — 4. (Aristoph., Aves, 305. — Adams, Append., s. v.) 
—5. (Dioscor., iii., 186. — Galen, De Simpl., vi. — Adams, Ap- 
pend., s. v.)— 6. (Theophrast., H. P., i., 10.)— 7. (liii., 15.)- 8. 
(Vid. Capitolin., Pertin., 2. — Orelli, Inscrip., No. 946.)— 9. 
(Suet., Claud., 24.)— 10. (Suet., Octav., 32.)— 11. (Rein, da* 
Rom. Privatrecht, p. 413.) — 12. (Veget., ii., 8.— Orelli, In- 
scrip., No. 3444.)— 13. (Tacit., Ann., i., 78.)— 14 (1. c, ii., 42.) 
—15. (Suet., Cal., 16.)— 16. (Vid. Eckhel, Doctr. Num., vi., p. 
224.— Orelli, Inscrip., No. 701.)— 17. (Varro, De Ling. Lat., v., 
90, ed. Muller.— Liv., ii., 59.— Orelli, No. 3535.)— 18. (Orelli, 
Nos. 3533, 4994.)— 19. (Orelli, Nos. 3531, 3535. 34"6, 3481, &c. 



ECHENEIS. 



ECCLESIA. 



Bcription the form duplicarius occurs. 1 Vegetius" 
calls them duplares milites. 

DUPLICATIO. (Vid. Actio, p. 19.) 

DUPO'NDIUS. {Vid. As, p. 111.) 

DUUMVIRI, or the two men, the name of various 
magistrates and functionaries at Rome, and in the 
coloniae -and municipia. In inscriptions we also 
meet with the form duomvires 3 and duovir.* 

I. Duumviri Juri Dicundo were the highest ma- 
gistrates in the municipal towns. {Vid. Colonia, 
p. 282.) 

II. Duumviri Navales were extraordinary magis- 
trates, who were created, whenever occasion re- 
quired, for the purpose of equipping and repairing 
the fleet. They appear to have been originally 
appointed by the consuls and dictators, but were 
first elected by the people B.C. 31 1. 6 

III. Duumviri Perduellionis. (Vid. Perduel- 
ijo.) 

IV. Duumviri Quinquennales were the censors 
in the municipal towns, and must not be confound- 
ed with the duumviri juri dicundo. (Vid. Colonia, 
p. 283.) 

V. Duumviri Sacrorum originally had the charge 
of the Sibylline books. Their duties were after- 
ward discharged by the decemviri sacris faciundis. 
[Vid. Decemviri, p. 340.) 

VI. Duumviri were also appointed for the pur- 
pose of building or dedicating a temple. 6 

E. 

*EB'ENUS (ef>evoc), Ebony. According to Vir- 
gil, 7 India was the only country that produced it. 
Dioscorides, 9 however, remarks, that it grows also 
in Ethiopia ; and there is a passage in Herodotus 9 in 
which Ebony is spoken of among the articles of 
tribute paid by the Ethiopians to the king of Persia. 
Either, therefore, the name of Ethiopia is to be 
taken in a very general sense for the country of 
sun-burned races, and may consequently include In- 
dia, or else Virgil is in error. Notwithstanding the 
numerous botanists who have travelled into India, 
Te have not been able, until recently, to deter- 
mine to what tree the Ebony was to be assigned. 
It is now certain that it is one of the genus Diospy- 
rus. A work on the Materia Medica, published at 
Madras, 10 says that Ebony is the wood of a tree 
called in the Tamoul language Atcha maroum, which 
grows abundantly in the Gaugam-Circars, in Berar, 
and even in the island of Ceylon, where the natives 
term it Naugagaha. According to the author of the 
work just mentioned, it is the Diospyrus Ebcnaster 
of Kcenig. As regards the name which the Greeks 
and Romans have given this tree, and which it still 
bears in all the languages of Europe, it may be re- 
marked, that it comes from the Hebrew homonym 
hdbdn. Its Arabic name, Abnous, is nothing more 
than a corruption from tSevoc. 11 " Modern bota- 
nists," says Adams, " have applied various names to 
the Ebony-tree, namely, Ebenus Cretica, L. ; Dios- 
pyrus Melanoxylon, Roxb. ; D Ebenus and Ebenas- 
trum, Retz. ; and Ebenoxylon verum, L. Theophras- 
tus also notices an Ebony shrub, which Sprengel, in 
his edition of Dioscorides, holds to be the Anthyllis 
Cretica. It is the same as the Vulneraria of Tourne- 
fort (namely, Woundwort), and hence it is now 
Called Anthyllis Vulneraria." 1 * 

*ECHENETS (exevntc ), a species of Fish. " It 
would appear that the kxevrjic of Aristotle and Pliny 
was different from that of Oppian and ^Elian, and 

1. (Orelli, No. 3534.)— 2. (ii., 7.)— 3. (Orelli, Inscrip., No. 
3808.)— 4. (Orelli, No. 3886.)— 5. (Liv., ix., 30 ; xl., 18, 2fi ; 
xli., 1.— Scheffer, De Mil. Nav., p. 284.)— 6. (Liv., vii., 28 ; 
rxii., 33; xxxv., 41.)— 7. (Georg., ii., 117.)— 8. (i., 129.)— 9. 
(iii., 97.) — 10. (Materia Medica, by Whitelaw Ainslie, Madras, 
1813.)— 11. (F4e, Flore de Virgile, p. xlviii., &c.)— 12 (Adams, 
Append., s. v.) 



that the former corresponds to the Echeneis uaucra. 
tes, L., or Sucking-fish, and the latter to the Petro* 
myzon Lampetra, L., or Lamprey-eel. Artedi state* 
that the Galaxias (yaXat-iac) of Galen correspond* 
to the Lamprey, and Rondelet and Nonnius refer 
the fideXka of Strabo to the same. The ancient 
stories about its stopping vessels in their course 
would appear to be fabulous, and yet it is worthy of 
notice that they are still credited by the inhabitants 
of Dalmatia and the neighbouring countries." 1 

*ECH'IUM (exiov), a plant, supposed to be a 
remedy against the bite of a viper (ex 1 ?)- " The 
Echium vulgare, or common Viper's Bugloss, has 
been generally acknowledged to be the £x iov °f Ni- 
cander and Dioscorides ; but, according to Spren- 
gel, this is a mistake, since the flowers of the Echium 
vulgare are blue, whereas Dioscorides describes 
those of the ex L0V as being purple. It is to be re- 
marked, however, that the Greeks used the terms 
nop<j>vpeoe and iroptpvposidrjc in a loose manner, ap- 
plying it to other colours besides purple, and more 
especially to the dark blue colour of the sea, which 
would not be inapplicable to the colours of the Viper's 
Bugloss. 8 On the subject of the purple colours of 
the ancients, Salmasius remarks, 3 " Cceruleus color, 
quern Grceci nvavovv vocant, nihil aliud est quam pur 
pura delutior et pallidior." 

♦ECHPNUS (extvoc), I., the kxlvoc xfyoaioc is 
the Hedgehog, or Erinaceus Europaus. The mod- 
ern Greek name is oxavrtyxoipoc. The first part 
of this word is a corruption of umvOa (Acanthias 
vulgaris nostras, Klein). The flesh of the Hedge- 
hog is prescribed in Syria medicinally in some dis- 
orders. Russell says he saw the animal carrying 
grapes as well as mulberries on its prickles, a story 
which certainly needs confirmation.* 

*II. A testaceous genus containing many species: 
in English, the Sea-urchin. Aristotle gives a very 
minute description of this genus. " The kxlvoc td- 
udtfioc is no doubt," observes Adams, " the Echinus 
esculentus, L., called in English the edible Sea-urchin. 
The two species called anar ayyoc and (3piococ can- 
not be satisfactorily determined. The difference 
of habitats in the Land and Sea urchin gave rise to 
the Greek proverb expressive of irreconcilable 
habits : npiv ice 6i>o kxlvoc he <j>tMav eldoiev" 5 

III. (Vid. Dike.) 

*ECHIS and ECHIDNA (l^c, Zx^va). "Most 
of the ancient authors who treat of serpents repre- 
sent these as the Male and Female Viper ; but, from 
the descriptions of them given by Nicander, it would 
appear that they were distinct species. Sprengel 
accordingly refers the Asiatic exidva to the Coluber 
Mgyptius, the European exidva to the Coluber 
Berus, and the lx LC t° the Coluber Ammodytes. The 
word dfipcov is often applied na? k^ox^v to the Viper 
( Coluber Berus), and hence dnpLanri is used to signify 
the Electuary of Vipers. The Viper is the Ephe of 
Scripture." 6 

ECCLE'SIA (hKKlqoia). The kiaclnoiai of the 
Athenians were general assemblies of the citizens, 
in which they met to discuss and determine upon 
matters of public interest. These assemblies weie 
either ordinary, and held four times in each prytany, 
or extraordinary, that is, specially convened upon 
any sudden emergency, and therefore called avy- 
KknTOL. On occasions of extreme importance when 
it was desirable for as many persons as possible to 
be present at the discussion of any question, tha 
people were summoned by express from the country 



1. (Aristot., H. A., ii., 14.— ^lian, N. A., i., 36 ; ii., 17 — 
Oppian, Hal., i., 223. — Adams, Append., s. v.)— 2. (Dioscor., 
iv., 28.— Nicand., Ther., 637.— Adams, Append., s. v.)— 3. (In 
Tertull., lib. de Pallio, p. 186.)— 4. (Aristot.. H. A., i., 6.- 
Sibthorp, MSS. in Walpole's Memoirs, vol. i., p. 265.) — 5 
(Aristot., H. A., iv., 5.— Adams, AppeuJ., o. v.)— 6. (Adnma, 
Append., s. v.) 

383 



ECCLESIA. 



ECCLESIA. 



in the city, and then the assembly was called a 
xaTaiArjoia, the proper meaning of KaTanakelv being 
to call from the country into the city. The ordi- 
nary assemblies were called vo/iipoi or Kvptat, ac- 
cording to the scholiast on Aristophanes, 1 who 
moreover informs us that there were three such in 
every month. But, according to the best-informed 
grammarians, who followed Aristotle, the name av- 
oid was appropriated to the first only of the regular 
assemblies of each prytany. Such, at least, is the 
account given by Pollux 2 and Harpocration, the for- 
mer of whom asserts that the third of the regular 
assemblies in each prytany was partly devoted to 
the reception of ambassadors from foreign states. 

Aristophanes, however, in the Acharnians,* rep- 
resents ambassadors who had just returned from 
Persia and Thrace as giving an account of their 
embassy in a Kvpia eKKl-noia, which, according to 
Pollux, would be not the third, but the first of the 
regular assemblies. With a view of reconciling 
these discrepancies, Schbmann* supposes that Solon 
originally appointed one regular assembly, called 
Kvpia, to be held on a certain day of every prytany, 
and that afterward additional assemblies were insti- 
tuted, appropriated respectively to particular pur- 
poses, though the term Kvpia was still reserved for 
the assembly formerly so called. If, however, the 
representation of Aristophanes is in agreement with 
the practice of his age, we must farther suppose, 
what is very probable, that the arrangements for 
business, as described by Pollux, were not always 
observed even in the time of the poet ; and since, a 
few years after Aristotle's time, many changes took 
place in the constitution of Athens, it may have 
happened that the name Kvpia was then given to all 
the regular assemblies, in which case the scholiast 
probably identified the customs and terms of a late 
age with those of an earlier period. Moreover, the 
number of prytanies in each year, originally ten, one 
for each tribe, was, on the increase in the number 
(>f the tribes at Athens, raised to twelve, so that 
the prytanies would then coincide with the months 
ol the year : a fact which, taken in conjunction with 
other circumstances, 5 seems to show, that the au- 
thorities who speak of three regular assemblies in 
( ich month had in view the times when a prytany 
j. ad a month were the same thing. Some authors 
have endeavoured to determine the particular days 
on which the four regular assemblies of each pryta- 
iiy were held ; but Schbmann 6 has proved almost to 
demonstration, that there were no invariably fixed 
days of assembly ; and at any rate, even if there 
were, we have not sufficient data to determine them. 
Ulpian 7 says, in allusion to the times when there 
were three assemblies in every month, that one was 
held on the eleventh, another about the twentieth, 
a third about the thirtieth, of each month ; and it is, 
of course, not improbable that they were always 
held at nearly equal intervals. 

The place in which the assemblies were anciently 
held was, we are told by Harpocration, 8 the ayopa. 
Afterward they were transferred to the Pnyx, and 
at last to the great theatre of Dionysus, and other 
places. Thus Thucydides 9 speaks of the people be- 
ing summoned to the Pynx, the usual place of as- 
sembly in his times ; and Aristophanes, 10 in descri- 
bing " Demus," the representative of the Athenian 
people, just as " John Bull" is of the English, calls 
that character Afjjuoc Uvkvitt/c, or Demus of the 
(pariah of) Pnyx : a joke by which that place is 
represented as the home of the Athenians. The 
situation of it was to the west of the Areiopagus, on 

3. (Achar., 19.) — 2. (via., 96.) — 3. (61.)— 4. (De Comit., c. 
I.) — «J (Schomann, ii., 44.) — 6. (ii., 47.) — 7. (ad Demosth., c. 
TSnioer., p. 706.)— 8. (s. v. Udvdijuos 'A0po<5ir*/.)— 9. (viii., 97.) 
— U' (Equit.. 42.) 
H84 



a slope connected with Mount Lycabettus and part- 
ly, at least, within the walls of the city. It vraa 
semicircular in form, with a boundary wall part rock 
and part masonry, and an area of about 12,000 
square yards. On the north the ground was filled 
up and paved with large stones, so as to get a levei 
surface on the slope ; from which fact some gram- 
marians derive its name (irapa ttjv tcjv Mduv ttvk 
voTTjra). Towards this side, and close to the wall, 
was the (3^fxa, a stone platform or hustings ten or 
eleven feet high, with an ascent of steps ; it wa« 
cut out of the solid rock, whence it is sometimea 
called 6 IWoc, as in Aristophanes 1 we read oeris 
Kparel vvv tov "kldov rovv ttj llvtcvt. The position 
of the j3r)/Lia was such as to command a view of the 
sea from behind (on which account the thirty ty- 
rants are said to have altered it), and of the Hponv- 
"kaia and Parthenon in front, though the hill of the 
Areiopagus lay partly between it and the Acropolis. 
Hence Demosthenes, 8 when reminding the Athe- 
nians from this very jStj/ia of the other splendid 
works of their ancestors, says emphatically UpoTrv- 
Tiaia ravra : and we may be sure that the Athenian 
orators would often rouse the national feelings of 
their hearers by pointing to the assemblage of mag- 
nificent edifices, " monuments of Athenian grati- 
tude and glory," which they had in view from the 
Pnyx. 3 That the general situation of the place was 
elevated is clear from the phrase uva6atveiv eic ttjv 
eKKlvcrlav, and the words ndc 6 drjfxoe uvu KadfjTo, 
applied to a meeting of the people in the Pnyx.* 
After the great theatre of Dionysus w*as built, the 
assemblies were frequently held in it, as it afforded 
space and convenience for a large multitude ; and 
in some particular cases it was specially determined 
by law that the people should assemble there. 5 As- 
semblies were also held in the Peiraeus, and in the 
theatre at Munychia. 6 

We will now treat of the right of convening the 
people. This was generally vested in the prytanea 
or presidents of the council of Five Hundred (vid. 
Boule, p. 168) ; but i;i cases of sudden emergen- 
cy, and especially during wars, the strategi also had 
the power of calling extraordinary meetings, for 
which, however, if we may judge by the form in 
which several decrees are drawn up, the consent oi 
the senate appears to have been necessary. 7 The 
four ordinary meetings of every prytany were, nev- 
ertheless, always convened by the prytanes, who 
not only gave a previous notice (Tcpoyputyeiv ttjv en- 
Kkr\clav) of the day of assembly, and published a 
program of the subjects to be discussed, but also, 
as it appears, sent a crier round to collect the citi- 
zens (evvuyeiv tov drjfxov*). At any rate, whenever 
the strategi wished to convene one of the extraor- 
dinary assemblies, notice was certainly given of it 
by a public proclamation ; for, as Ulpian observes, 9 
these assemblies were called avyKlTjTot, because the 
people were summoned to them by officers sent 
round for that purpose (on ovveKukovv tlvec irepuov- 
tec). But, independent of the right which we have 
said the strategi possessed of convening an extra- 
ordinary meeting, it would seem, from the case >f 
Pericles, 10 that a strategus had the power of pre? ant- 
ing any assembly being called. It is, however, im- 
portant to observe, that such an exercise of power 
would perhaps not have been tolerated except du- 
ring wars and commotions, or in the person of a 

1. (Pax, 680.)— 2. {Yltpl 2uvra£., 174.)— 3. (Cramer, Ardent 
Greece, vol. ii., p. 335. — Wordsworth, "Athens and Attica." 
In the latter of these works are two views of the remains of *h« 
Pnyx.)— 4. (Demosth., De Cor., p. 285.) — 5. (Demosth., c. Meh\, 
517.)_6. (Demosth., De Fals. Leg., p. 359. — Lysias, c. Agor., 
133. — Thucyd., viii., 93.) — 7. (Demosth., De Cor., 249.) — 8. 
(Pollux, viii., 95. — Harpocrat., s. v. Kvpia 'EK/cA?7(n'«. — De- 
mosth., c. Aristog., 772.) — 9. (ad Demoeth., De Fals. Leff.. * 
100, A.)— 10. (Thucyd , ii., 22.) 



ECCLESIA. 



ECCLESIA. 



■iistinguished character like Pericles ; and that un- 
der different circumstances, at any rate after the 
time of Solon, the assemblies were always called by 
the prytanes. All persons who did not obey the call 
were subject to a fine, and six magistrates, called 
lexiarchs, were appointed, whose duty it was to take 
care that the people attended the meetings, and to 
levy fines on those who refused to do so. 1 With a 
view to this, whenever an assembly was to be held, 
certain public slaves (SkvOcu or Totjorai) were sent 
round to sweep the ayopd and other places of public 
resort with a rope coloured with vermilion. The 
different persons whom these ropemen met were 
driven by them towards the eKK^cia, and those who 
refused to go were marked by the rope and fined. 2 
Aristophanes 3 alludes to this subject in the lines, 

ol 6' kv ayopd 7.<ikovoi, ndvo) nal kutcj 

TO OXOLVIOV <j)EVyOV0l TO fJ.£/J,c2.T(jJ/X£VOV. 

Besides this, all the roads except those which led to 
the meeting were blocked up with hurdles (yippa), 
which were also used to fence in the place of as- 
sembly against the intrusion of persons who had no 
right to be present : their removal in the latter case 
seems to have served as a signal for the admission 
of strangers who might wish to appeal to the peo- 
ple.* 

An additional inducement to attend, with the 
poorer classes, was the fiio6bg kKuhrjoiaoTLKog, or pay 
which they received for it. The originator of this 
practice seems to have been a person named Callis- 
tratus, who introduced it " long after the beginning 
cf the influence of Pericles." The payment itself 
originally an obolus, was afterward raised to three 
by a popular favourite called Agyrrhius of Collytus. 
The increase took place but a short time before the 
Ecclesiazusse of Aristophanes came out, or about 
13.0. 392. The poet thus alludes to it in that play : 5 

B. Tpc66oXov drjf elaSeg • X. el ydp uQeTlov. 

A ticket (ovfifiolov) appears to have been given to 
those who attended, on producing which at the 
close of the proceedings they received the money 
from one of the thesmothetae. 6 This payment, how- 
ever, was not made to the richer classes, who at- 
tended the assemblies gratis, and are therefore call- 
ed oIkogltol EKK?^rjGLaaTal by the poet Antiphanes 
in a fragment preserved by Athenaeus. 7 The same 
word otKoacTog is applied generally to a person who 
receives no pay for his services. 

With respect to the right of attending, we may 
observe, that it was enjoyed by all legitimate citi- 
zens who were of the proper age (generally suppo- 
sed to be twenty, certainly not less than eighteen), 
and not labouring under any aTifiia or loss of civil 
rights. All were considered citizens whose parents 
were bolh such, or who had been presented with 
the freedom of the state, and enrolled in the regis- 
ter of some demus or parish. 8 Adopted citizens, 
however (-ocr/Toi), were not qualified to hold the of- 
fice of archon or any priesthood. 9 Decrepit old men 
{yipouTeg ol dcpEifiivoi, perhaps those above sixty) 
seem not to have been admitted, although it is not 
expressly so stated. 10 Slaves, and foreigners also, 
were certainly excluded, 11 though occasions would 
of course occur when it would be necessary or de- 
sirable to admit them ; and from Demosthenes 13 we 
may infa? that it was not unusual to allow foreign- 
ers to entsr towards the close of the proceedings, 
when tho most important business of the day had 
been concluded; otherwise they stood outside. 13 



1. (PuI'.li, Onom., viii., 104.)— 2. (Schol. ad Arist., Achar., 
22.)— 3 (..c.)— 4. (Peroosth., c . Neaer., p. 137i.'— 5. (v., 380 
— Coir.pr.re E'">ckh,Tol. i., p. 307, transl.)— G. (Amtoph., Eccles., 
295.;— 7. (vi., c. 52.)— 8. (Demosth., c. Near., p. 1380.)- 9. (Id., 
7i. 1376.)— 10. (Aristot., Polit.,iii.,c. 1.)— 11. (Aristoph.,Thesm., 
S.94 )— i2. (c. Near., p 1375 )— 13. (^ooh., c. Cc**iph.. p. 36.) 
Occ 



The IcoTelEtc, or foreigners, wno enjoyed nearly 
equal privileges with the citizens, are by some 
thought to have had the same rights as adopted cit- 
izens, with respect to voting in the assembly. 1 
This, however, seems very doubtful ; at any rate, 
the etymology of the word IcoteIeIs does not justify 
such an opinion. 

In the article Boule it is explained who the pry- 
tanes and the proedri were ; and we may here re- 
mark, that it was the duty of the proedri of tho same 
tribe, under the presidency of their chairman (o km- 
oTaTTjc), to lay before the people the subjects to be 
discussed ; to read, or cause to be read, the previ- 
ous bill (to 7rpo6ov?iEVfj.a) of the senate ; and to give 
permission (yvufiag TrpoTidivai) to the speakers to 
address the people. 

They most probably sat on the steps near the pij~ 
fj.a, to which they were, on some occasions, called 
by the people. In later times they were assisted in 
keeping order (evKOofiia) by the members of the pre- 
siding tribe, 7) i?po£dp£vovoa $v7Jf (vid. Boule) ; 
and the officers who acted under them, the " ser- 
geants-at-arms," were the crier (6 Krjpv^) and the 
Scythian bowmen. Thus, in Aristophanes, 3 the 
crier says to a speaker who was out of order, Kadrj- 
ao alya, and in another passage the To^oTat are rep- 
resented as dragging a drunken man out of the as- 
sembly.* When the discussion upon any subject 
had terminated, the chairman of the proedri, if he 
thought proper, put the question to the vote : we 
read, in some instances, of his refusing to do so. 5 

Previous, however, to the commencement of any 
business, it was usual to make a lustration or puri- 
fication of the place where the assembly was held. 
This was performed by an officiating priest, called 
the Peristiarch, a name given to him because he 
went before the lustral victims (Tu ■KEpicTia) as 
they were carried round the boundary of the place. 
The term irEpiuTia is derived from Kept and tar la, 
and is, therefore, properly applied to sacrifices car- 
ried round the hearth by way of lustration : hence 
it means any lustral victims. Thus the crier 
says, 6 UdpiT' ec to TrpoadEv Tzdptd' ug dv ivTog t}th 
tov naddpfiaToc. The favourite victims were suck- 
ing pigs (xoipidia), the blood of which was sprinkled 
about the seats, and their bodies afterward thrown 
into the sea. 7 After the peristiarch the crier fol- 
lowed, burning incense in a censer. When these 
ceremonies were concluded, the crier proclaimed 
silence, and then offered up a prayer, in which the 
gods were implored to bless the proceedings of the 
meeting, and bring down destruction on all those 
who were hostilely disposed towards the state, or 
who traitorously plotted its overthrow, or received 
bribes for misleading and deceiving the people. 8 
On the conclusion of this prayer business began, 
and the first subject proposed was said to be brought 
forward irpuTov //era Ta lepd. 9 

We must, however, understand that it was ille- 
gal to propose to the ecclesia any particular meas- 
ure unless it had previously received the sanction 
of the senate, or been formally referred by that body 
to the people, under the title of a Trpo6ovl£v/j.a. 

The assembly, nevertheless, had the power of al- 
tering a previous decree of the senate as might seem 
fit. Farther information on this point will be found 
under Boule, to which we may add, according to 
Schomann, 10 that the object of the law mentioned by 
the grammarians ('Airpo6ov2,£VTov fj.r]d£v ipTJQiafia eh- 
ihai ev Tif) dfjuu) seems to have been, not to pro 
vide that no motion should be proposed in the as- 



1. (Wolf ad, Lept., p. 70.)— 2. (iEsch., c. Ctesiph., p. 53.)- 
3. (Acharn. H4.)— 4. (Eccles., 143.)— 5. (Xen., Mom., i., t, i 
18.— Thucya., vi., 14.)--6. (Aristoph., Acham., 44.)— 7. (Srhol 
ad Aristoph., 1. c. ; ad ^Esch., c. Timar., p. 48.)— 8. (-Aristooh., 
Thesm., 330.)— 9. (Demosth., c. Timocr., 706.)— 10. (o i^.;. 

385 



ECCLESIA. 



ECCLES1A. 



semoly unless previously approved of by the senate, 
but rather that no subject should be presented for 
discussion to the people about which a bill of the 
senate had not been drawn up and read in assembly. 

The privilege of addressing the assembly was not 
confined to any class or age among those who had 
the right to be present : all, without any distinction, 
were invited to do so by the proclamation (Tig ayo- 
peveiv fiovXerai) which was made by the crier after 
the proedri had gone through the necessary prelim- 
inaries, and laid the subject of discussion before the 
meeting ; for though, according to the institutions 
of Solon, those persons who were above fifty years 
of age ought to have been called upon to speak first, 1 
this regulation had, in the days of Aristophanes, be- 
come quite obsolete. 2 The speakers are sometimes 
simply called ol Tzapiovreg, and appear to have worn 
a crown of myrtle on their heads while addressing 
the assembly, to intimate, perhaps, that they were 
then representatives of the people, and, like the ar- 
chons when crowned, inviolable. 3 They were by 
an old law required to confine themselves to the 
subject before the meeting, and keep themselves to 
the discussion of one thing at a time, and forbidden 
to indulge in scurrilous or abusive language : the 
law, however, had, in the time of Aristophanes, be- 
come neglected and almost forgotten.* The most 
influential and practised speakers of the assembly 
were generally distinguished by the name of f)jjro- 
peg. (Vid. Rhetor.) 

After the speakers had concluded, any one was 
at liberty to propose a decree, whether drawn up 
beforehand or framed in the meeting ('Ev tcj <%/6> 
avyypdtpeodai 5 ), which, however, it was necessary 
to present to the proedri, that they might see, in 
conjunction with the vo/uopvliaKeg, whether there 
was contained in it anything injurious to the state, 
or contrary to the existing laws. 6 If not, it was 
read by the crier ; though, even after the reading, 
the chairman could prevent its being put to the vote, 
unless his opposition was overborne by threats and 
clamours. 7 Private individuals, also, could do the 
same, by engaging upon oath (vnufiooia) to bring 
against the author of any measure they might ob- 
ject to, an accusation called a ypafyq 7rapav6jno)v. 
If, however, the chairman refused to submit any 
question to the decision of the people, he might be 
proceeded against by evdeit-ig ; 8 and if he allowed 
the people to vote upon a proposal which was con- 
trary to existing constitutional laws, he was in 
some cases liable to ari/nia. 9 If, on the contrary, 
no opposition of this sort was offered to a proposed 
decree, the votes of the people were taken, by the 
permission of the chairman, and with the consent 
of the rest of the proedri : whence the permission is 
said to have been given sometimes by the proedri 
and sometimes by the chairman, who is also simply 
called 6 irpoedpog, just as the proedri are sometimes 
styled prytanes. 10 The decision of the people was 
given either by show of hands or by ballot, l e., by 
casting pebbles into urns (KadiaKoi) ; the former 
was expressed by the word x* l 9 0T0VE ~ iV i tne latter 
by ipT}(j>iCecrdai, although the two terms are frequent- 
ly confounded. The more usual method of voting 
was by show of hands, as being more expeditious 
and convenient (xciporovia). The process was as 
follows : The crier first proclaimed that all those 
who were in favour of a proposed measure should 
hold up their hands (otu doicei. k. t. \. apuro) tt/v 
Xeipa) : then he proclaimed that all those who were 



1. (JEsch., c. Ctesiph., p. 54.) — 2. (Demosth., De Cor., p. 285. 
— Aristoph., Acharn., 43.)— 3. (Aristoph., Eccles., v., 130, 147.) 
4. (.fiSsch., c. Timar.,p. 5. — Alistoph., Eceles., 142.) — 5. (Plato, 
GoTg., 451.)— 6. (Pollux, Ono.n., viii., 94.)— 7. (^Eschin., De 
Fala. Leg., p. 39.} -8. (Plato, Apol., 32.)— 9. (Demosth., c. Ti- 
mocr., p. 719 ) — 1W. (iEschin., c. Cteeiph., 64. — Demosth., c. 
Meid., 517.) 

386 



opposed to it should do the same (oro fty Soksi. k. 
t. ?..): they did so ; and the crier then formed as ac- 
curate an idea as possible of the numbers for and 
against (r/pWfiei rug xelpag), and the chairman of the 
meeting pronounced the opinion of the majority. 1 
In this way most matters of public interest were 
determined. Vote by ballot (Kpv6dijv z ), on the oth- 
er hand, was only used in a few special cases de- 
termined by law ; as, for instance, when a proposi- 
tion was made for allowing those who had suffered 
uTi/xia to appeal to the people for restitution of their 
former rights, or for inflicting extraordinary punish- 
ments on atrocious offenders, and, generally upon 
any matter which affected private persons.* In 
cases of this sort, it w y as settled by law that a de- 
cree should not be valid unless six thousand citi- 
zens at least voted in favour of it. This was by 
far the majority of those citizens who were in the 
habit of attending ; for in time of war the number 
never amounted to five thousand, and in time of 
peace seldom to ten thousand. 4 

With respect to the actual mode of voting by bal- 
lot in the ecclesia, we have no certain information ; 
but it was probably the same as in the courts of law, 
namely, by means of blaok and white pebbles, or 
shells put into urns (Kadicntoi) ; the white for adop- 
tion, the black for rejection of any given measure. 8 
(Vid. Cadiskoi.) 

The determination or decree of the people was 
called a tyrityiofjia, which properly signifies a law pro- 
posed to an assembly, and approved of by the peo- 
ple. The form for drawing up the ipTjcpio/xara vari- 
ed in different ages. {Vid. Boule and Gramma- 
teus.) 

We now come to the dismissal of the assembly ; 
the order for which, when business was over, was 
given by the prytanes (eXvaav ttjv kKKlrjaiav), through 
the proclamation of the crier to the people ; 6 and aa 
it was not customary to continue meetings, which 
usually began early in the morning, 7 till after sun- 
set, if one day were not sufficient for the comple- 
tion of any business, it was adjourned to the next. 
But an assembly was sometimes broken up if any 
one, whether a magistrate or private individual, de- 
clared that he saw an unfavourable omen, or per- 
ceived thunder and lightning. The sudden appear- 
ance of rain, also, or the shock of an earthquake, or 
any natural phenomenon of the kind called diocri- 
fiiai, was a sufficient reason for the hasty adjourn- 
ment of an assembly. 8 

We have already stated, in general terms, that 
all matters of public and national interest, whether 
foreign or domestic, were determined upon by the 
people in their assemblies, and we shall conclude 
this article by stating in detail what some of these 
matters were. On this point Julius - Pollux 9 in- 
forms us, that in the first assembly of every pryta- 
ny, which was called nvpia, the kTuxeiporovia of the 
magistrates was held ; i. e., an inquisition into their 
conduct, which, if it proved unfavourable, was fol- 
lowed by their deposition. In the same assembly, 
moreover, the elaayyeliai, or extraordinary inform- 
ations, were laid before the people, as well as all 
matters relating to the watch and ward of the coun- 
try of Attica ; the regular officers also read over the 
lists of confiscated property, and the names of those 
who had entered upon inheritances. The second 
was devoted to the hearing of those who appeared 
before the people as suppliants for some favour, or 
for the privilege of addressing the assembly without 
incurring a penalty, to which they otherwise would 



1. (Suidas,s.v. Kar£X£<por(5v»y«v.)— 2. (Phil, ivlus., vol. i., p. 
424.)— 3. (Demosth., c. Timocr.v 715, 719.)— 4. (Thucyd., vii., 
72.)— 5. (Schol. ad Aristophan. Tcsp., 981.)— 6. (Aristophan., 
Acharn., 173.)— 7. (Id., 20.)— 9 (Anstoch., Nub., 579.— Thr 
cyd., v., 46.)— y. (viii., 95.) 



ECCLESIA. 



ECLECTIC! 



ua tre been liable, or for indemnity previous to giv- 
ing information about any crime in which they were 
accomplices. In all these cases it was necessary 
to obtain an udeLa, i. e., a special permission or im- 




irjfioaicjv. 

In the third assembly, ambassadors from foreign 
estates were received. In the fourth, religious and 
other public matters of the state were discussed. 

From this statement, compared with what is said 
under Eisangelia. it appears that in cases which 
required an extraordinary trial, the people some- 
times acted m a judicial capacity, although they 
usually referred such matters to the court of the 
Heliaea. There were, however, other cases in which 
they exercised a judicial power : thus, for instance, 
the* proedri could ex officio prosecute an individual 
before the people for misconduct in the ecclesia. 1 
Again, on some occasions, information {(itjvvoic) 
was simply laid before the people in assembly, with- 
out the informant making a regular impeachment ; 
and although the final determination in cases of this 
sort was generally referred to a court of law, still 
there seems no reason to doubt that the people 
might have taken cognizance of them in assembly, 
and decided upon them as judges, just as they did 
m some instances of heinous and notorious crimes, 
oven when no one came forward with an accusa- 
tion. Moreover, in turbulent and excited times, if 
any one had incurred the displeasure of the people, 
tlfey not unfrequently passed summary sentence 
upon him, without any regard to the regular and 
established forms of proceeding : as examples of 
which we may mention the cases of Demosthenes 
and Phocion. The proceedings called 7:po6oXr] and 
l ~zyye?ua were also instituted before the people: 
farther information with respect to them is given 
under those heads. 

The legislative powers of the people in assembly, 
so far as they were defined by the enactments of 
Solon, were very limited ; in fact, strictly speaking, 
no laws could, without violating the spirit of the 
Athenian constitution, be either repealed or enact- 
ed, except by the court of the Nojuodirai : it might, 
however, doubtless happen, that ipn^iauaTa passed 
by the assemblies had reference to general and per- 
manent objects, and were therefore virtually vopot 
or laws ; a moreover, if we may judge by the com- 
plaints of Demosthenes, it appears that in his days 
the institutions of Solon had in this respect fallen 
into disuse, and that new laws were made by the 
people collectively in assembly, without the inter- 
vention of the court of the nomothetae. 3 

The foreign policy of the state, and all matters 
connected with it, and the regulation and appro- 
priation of the taxes and revenues, were, as we 
might expect, determined upon by the people in as- 
sembly. The domestic economy of the state was 
ander the same superintendence : a fact which Pol- 
lux briefly expresses by informing us that the peo- 
ple decided in the fourth assembly nepl iepuv nai 
firjfioaiov, i. e., on all matters, whether spiritual or 
secular, in which the citizens collectively had an 
interest. Such, for example, says Schomann,* " are 
the priesthood, the temples of the gods, and all 
other sacred things ; the treasury, the public land, 
and public property in general ; the magistracy, the 
courts, the laws and institutions of the state, and, 
in fine, the state itself:" in connexion with which 
we may observe, that the meetings for the election 
of magistrates were called apxaipcoiai. Lastly, as 

1. (JSschin., c. Timarch., p. 5.)— 2. (Andoc., De Mrst., p. 13, 
%nd Tkonoderat-) — 3. (Demosth., c. Timocr., 744. — Aristot., Po- 
41., i« .c. 4.)-— 4. (p. 298.) 



Schomann remarks, "the people likewise detei- 
mined in assembly upon the propriety of conferring 
rewards and honours on such citizens or strangers, 
or even foreign states, as had in any manner sig- 
nally benefited the commonwealth." It is hardiy 
necessary to add, that the signification of a religious 
assembly or church, which eKK/^ala bore in later 
times, sprang from its earlier meaning of an assem- 
bly in general, whether of the constituency of a 
whole state, or of its subdivisions, such as tribes 
and cantons. (Vid. Tribus and Demus.) 

EKKAHT02 IIOAI2. (Vid. Svmbola.) 

ECCLE'TOI (£kk/»t}toi) was the name of an as- 
sembly at Sparta, and seems to have been the same 
as the so-called lesser assembly (77 /xcKpa nalovfievri 
EKKXrjaia 1 ). Its name seems to indicate a select as- 
sembly, but it is difficult to determine of what per- 
sons it was composed ; but, since Xenophon 2 men- 
tions the ephors along with and as distinct from 
it, we cannot, with Tittmann 3 and Wachsmuth,* 
consider it as having consisted of the Spartan ma- 
gistrates, with the addition of some deputies elect- 
ed from among the citizens. As, however, the en- 
kT^tjtol do not occur until the period when the fran- 
chise had been granted to a great number of freed- 
men and aliens, and when the number of ancient 
citizens had been considerably thinned, it does not 
seem improbable that the lesser assembly consisted 
exclusively of ancient citizens, either in or out of 
office ; and this supposition seems very well to 
agree with the fact, that they appear to have al- 
ways been jealously watchful in upholding the an- 
cient constitution, and in preventing any innovation 
that might be made by the ephors or the new citi 
zens.* 

The whole subject of the eii-c'Ar/Tot is involved in 
difficulty. Tittmann thinks that, though the namo 
of this assembly is not mentioned, it existed long 
before the Persian war, and that in many cases in 
which the magistrates (reX-n, upxovrec. or apxai) are 
said to have made decrees, the magistrates are 
mentioned instead of the ekkatjtol, of whom they 
were the chief members. This last supposition is 
rejected by Muller,' who observes that the magis- 
trates were often said to have decreed a measure 
(especially in foreign affairs), though it had been 
discussed before the whole assembly and approved 
by it ; for the magistrates were the representatives 
and the organs of the assembly, and acted in its 
name. Muller is also of opinion that e/c/cl^roi and 
tKKkncsia are identical, and distinct from the lesser 
assembly, which he considers to have been a kind 
of select assembly. But his arguments on this 
point are not convincing. The ek^tjtol and the 
lesser assembly are mentioned about the same time 
in Grecian history, and previous to that time we 
hear of no assembly except the regular eKK/^rjaia of 
all the Spartans. 7 

ECDOSIS. {Vid. Nauticon.) 

ECLE'CTICI (en?.enTtKoi), an ancient medical 
sect, which must not be confounded with the school 
of philosophers of the same name mentioned by 
Diogenes Laertius, 8 though it is probable that they 
assumed this title in imitation of them. Their name 
is derived from their founder (like Potamo the phi- 
losopher) " having selected from each sect the opin 
ions that seemed most probable" ( e/cAf %a\i£vov ra 
apeaavra e% inaGTijc tCjv aiptoeuv*). From a passage 
in the lntroductio (in which Le Clerc 19 conjectures 
that, instead of eiiXeKToi, we should read £K?.eKTiKoi) 
and which is falsely attributed to Galen, 11 it appears 






1. (Xen., Hell., iii., 3, $ 8.)— 2. (Hell., ii., 4, t) 38.)— 3. (Griech. 
Staatsv., p. 100.)^. (Hell. Alter., i., 1, p. 221.) — 5. (Thiri- 
wall, Hist, of Greece, iv., p. 372, &c.)— 6. (Dor., iii., 5, $ 10.J— 
7. (Vid. Xen., Hell., v. ii., $ ?,3 ; vi., 3, $ 3.)— 8. (Proem., c. 14, 
() 21.)— 9. (Diog-. Laert., 1. c )— 10. (Hist.de la Med.)— 11. (» 
4, p. 684. ed. Kiihn.) 

US7 



EDICTUM. 



EDICTUM. 



Jbat they were a branch of the Methodici (vid. Me- 
thodic* , and they seem to have agreed very near- 
ly, if not to have been altogether identical, with the 
sect of the Episynthetici. (Vid. Episynthetici.) 
They were founded either by Agathinus of Sparta 
or his pupil Archigenes. 1 Several of the opinions 
of both these physicians are to be found in various 
fragments of their lost works preserved by Galen, 
Oribasius, Aetius, &c. ; but we are nowhere (as 
far as the writer is aware) informed what were the 
articular doctrines that they adopted as their own 
-iom those of other sects. We can only suppose 
that they endeavoured to join the tenets of the Me- 
thodici to those of the Empirici and Dogmatici (vid. 
Methodici, Empirici, Dogmatici), and to reconcile 
the differences of those rival and opposite sects. 

EC'LOGEIS. {Vid. Eisphora.) 

ECMARTU'RIA (kKjxapTvpia) signifies the depo- 
sition of a witness, who, by reason of absence 
abroad, or illness, was unable to attend in court. 
His statement was taken down in writing, in the 
presence of persons expressly appointed to receive 
it, and afterward, upon their swearing to its identi- 
ty, was read as evidence in the cause. They were 
said fiaprvpelv rqv kKfiaprvpiav : the absent witness, 
knfiaprvpelv : the party who procured the evidence, 
kKfiaprvpiav Troielerdai. It was considered as the 
testimony of the deponent himself, not that of the 
certifying witnesses, and therefore did not come 
within the description of hearsay evidence, which 
(except the declaration of a deceased person) was 
not admissible at Athens. The law was uKorjv 
ilvai fiaprvpelv redveuroc, kKfiaprvpiav ds vnepopLov 
zal advvarov. The deponent (like any other wit- 
ness) was liable to an action for false testimony if 
the contents of the deposition were untrue, unless 
he could show that it was incorrectly taken down 
or forged, in which case the certifying witnesses 
would be liable. Therefore (Isaeus tells us) it was 
usual to select persons of good character to receive 
such evidence, and to have as many of them as 
possible. 2 (Vid. Marturia.) 

EC'PHORA. (Vid. Funus.) 

E C P H U L L P H RT A. (Vid. Banishment, 
Greek.) 

ECPOIETN (kuTToieiv), ECPOIEISTHAI (skttoi- 
eladai). (Vid. Adoption, Greek.) 

*EDERA. (Vid. Hedera.) 

ECULEUS. (Vid. Equuleus.) 

E'DERE ACTIO'NEM. (Vid. Actio, p. 19.) 

EDICTUM. The Jus Edicendi, or power of ma- 
king edicts, belonged to the higher m igistratus pop- 
uli Romani, but it was principally exercised by the 
two praetors, the praetor urbanus and the praetor 
peregrinus, whose jurisdiction was exercised in the 
provinces by the praeses. The curule aediles also 
made many edicts, and their jurisdiction was exer- 
cised (under the Empire at least) in the provinciae 
populi Romani by the quaestors. 3 There was no 
edict promulgated in the provinciae Caesaris. The 
tribunes, censors, and pontifices also promulgated 
edicts relating to the matters of their respective ju- 
risdictions. The edicta are enumerated by Gaius 
among the sources of Roman law, and this part of 
the Roman law is sometimes called in the Pandect 
I us Honorarium,* apparently because the edictal 
power belonged to those magistrates only who had 
the honores, and not so much ad honorem praeto- 
rum. 5 As the edicts of the praetors were the most 
important, the jus honorarium was sometimes call- 
ed jus praetorium ; but properly, the jus honorarium 
was the term under which was comprehended all 
the edictal law. 

1. (Galen, Definit. Med., c. 14, p. 353.)— 2. (Isseus, De Pyrr. 
Hered., 23, 24, ed. Bekk.— Demosth., c. Steph., 1130, 1131.)— 3. 
\Caius, i., 6.)— 4. (Dig. 44, tit. 7, s. 52.)— 5. (Dig. 1, tit. 1, s. 7.) 
388 



The Edictum may be described generally as a 
rule promulgated by a magistratus on entering on 
his office, which was done by writing it on an album 
and placing it in a conspicuous place, *'Unde de 
piano recte legi potest." From this circumstance 
the Edict was considered to be a part of the jua 
scriptum. As the office of a magistratus was an- 
nual, the rules promulgated by a predecessor were 
not binding on a successor, but he might confirm 
or adopt the rules of his predecessor, and introduce 
them into his own Edict, and hence such adopted 
rules were called edictum tralatitium 1 or vetus, as 
opposed to edictum novum. A repentinum edictum 
was that rule which was made (prout res iuci- 
dit) for the occasion. 2 A perpetuum edictum was 
that rule which was made by the magistratus on en- 
tering upon office, and which was intended to apply 
to all cases to which it was applicable during the 
year of his office : hence it w T as sometimes called, 
also, annua lex. Until it became the practice for 
magistratus to adopt the edicta of their predeces- 
sors, the edicta could not form a body of permanent 
binding rules ; but when this practice became com- 
mon, the edicta (edictum tralatitium) soon consti- 
tuted a large body of law, which was practically of 
as much importance as any other part of the law. 
The several edicta, when thus established, were 
designated by the names of their promulgators, as 
the Edictum Carbonianum; or they were named 
with reference to the formula and the actio which 
they established, as Aquiliana, Publiciana, Rutilia- 
na, &c. 

The origin of the edictal power cannot be histori- 
cally shown ; but as the praetor was a magistrate 
established for the administration of justice, on ac- 
count of the occupations of the consuls, and the 
consular power was the representative of the kingly 
power, it seems that the jus edicendi may have been 
a remnant of the kingly prerogative. However this 
may be, the edictal power was early exercised, and 
so far established that the jus praetorium was a rec- 
ognised division of law in, and perhaps somewhat 
before, the time of Cicero, 3 in whose age the study 
of the Edict formed a part of the regular study of 
the law.* The edict of the aediles about the buying 
and selling of slaves is mentioned by Cicero ;* the 
Edietiones iEdilitiae are alluded to by Plautus ; 6 and 
an edict of the praetor Peregrinus is mentioned in 
the Lex Galliae Cisalpinae, which probably belongs to 
the beginning of the eighth century of the city. 
The Lex Cornelia, B.C. 67, provided against abuses 
of the edictal power, by declaring that the praetors 
should decide in particular cases conformably to 
their perpetual edicts. The edicts made in the prov- 
inces are often mentioned by Cicero. They were 
founded on the edictum urbanum, though they like- 
wise comprehended special rules, applicable only to 
the administration of justice in the provinces, and 
so far they were properly edictum provinciale. Thus 
Cicero 7 says that he promulgated in his province 
two edicta ; one provinciale, which, among other 
matters, contained everything that related to the 
publicani, and another, to which he gives no name, 
relating to matters of which he says, " ex edicto el 
postulari et fieri solent." As to all the rest he made 
no edict, but declared that he would frame all his 
decrees (decreta) upon the edicta urbana. It ap- 
pears, then, that in the time of Cicero the edicta 
already formed a large body of law, which is con- 
firmed by the fact that in his time an attempt had 
been already made to reduce it into order, and to 
comment on it. Servius Sulpicius, the great jurist 

1. (Cic. ad. Att., v., 21 ; ad Fam., iii., 8 ; in Verr., i., 45.)— 2 
(in Verr., iii., 14.)— 3. (in Verr., i., 44.)— 4. (De Leg., i., 5 ; ii., 
23.)— 5. (Off., hi., 17.)— 6. (Capt., iv., 2; v., 43.^—7. (ad Att, 
vi., 1.) 



EDICTUM. 



EDICTUM. 



and orator, the fiiend and contemporary of Cicero, 
addressed to Brutus two very short books on the 
Edict, which was followed by the work of Ofilius ;' 
though we do not know v» nether the work of Ofilius 
was an attempt to arrange and collect the various 
edicta, like the subsequent compilation of Julian, or 
a commentary like those of many subsequent ju- 
rists (Ofilius edictum praetoris primus diligenter 
composuit). 

The object of the Edict, according to the Roman 
jurists, was the following : " Adjuvandi vel supplen- 
di vel corrigendi juris civilis gratia propter utilitatem 
publicam :" the Edict is also described as " viva vox 
juris civilis." It was, in effect, an indirect method 
of legislating, sanctioned, not only by public opinion, 
but by the sovereign power, and it was the means 
by which numerous rules of law became established. 
It was found to be a more effectual, because an 
easier and more practical way of gradually enlarging 
and altering the existing law, and keeping the whole 
system in harmony, than the method of direct le- 
gislation ; and it is undeniable that the most valuable 
part of the Roman law is derived from the edicts. 
If a praetor established any rule which was found to 
be inconvenient or injurious, it fell into disuse if 
not adopted by his successor. The publicity of the 
Edict must also have been a great security against 
any arbitrary changes, for a magistratus would 
hardly venture to promulgate a rule to which opinion 
had not by anticipation already given its sanction. 
Many of the rules promulgated by the Edict may 
probably have been irerely in conformity to existing 
custom, more particularly in cases of contracts, and 
thus the edict would have the effect of converting 
custom into law. When Cicero, 2 however, says that 
the Edict depends in a great degree on custom, he 
probably only means that it was usual to incorpo- 
rate into every new edict what any preceding ma- 
gistratus had adopted from former edicts. Thus 
the edictum tralatitium obtained its validity by being 
continually recognised by every successive magis- 
tratus. 

As to the matter of the Edict, it must be supposed 
that the defects of the existing law must generally 
have been acknowledged and felt before any magis- 
tratus ventured to supply them ; and in doing this, 
he must have conformed to that so-called natural 
equity which is recognised by all mankind. Under 
the emperors, also, it may be presumed that the 
opinions of legal writers would act on public opin- 
ion, and on those who had the jus edicendi. Hence 
a large part of the edictal rules were founded on the 
so-called jus gentium, and the necessity of some 
modifications of the strict rules of the civil law, and 
of additional rules of law. would become the more 
apparent with the extension of the Roman power 
and their intercourse with other nations. But the 
method in which the praetor introduced new rules 
of law was altogether conformable to the spirit of 
Roman institutions. The process was slow and 
gradual ; it was not effected by the destruction of 
that which existed, but by adapting it to circum- 
stances. Accordingly, when a right existed or was 
recognised, the praetor would give an action if there 
was none ; he would interfere by way of protecting 
possession, but he could not make possession into 
ownership, and, accordingly, that was effected by 
law (vid. Usucapio) ; he aided plaintiffs by fictions, 
as, for instance, in the Publiciana actio, where the 
fiction w r as that the possessor had obtained the own- 
ership by usucapion, and so was quasi ex jure Qui- 
ritium dominus ; s and he also aided parties by ex- 
ceptiones, and in integrum restitutio. 

The old forms of procedure were few in number, 

- 

1. (Dig. 1, ti«.. 2, s. 2.) -2. (De Invent., :i., 22.) — 3. (Gaius, 
^,36.) 



and certainly they were often inconvenient and tail- 
ed to do justice. Accordingly, the praetor extended 
the remedies by action, as already intimated in the 
case of the Publiciana actio. This change probably 
commenced after many of the legis actiones were 
abolished by the JEbutia lex, and the necessity of 
new forms of actions arose. These Avere introduced 
by the praetors, and it is hardly a matter of doubt 
that, in establishing the formula?, they followed the 
analogy of the legis actiones. It is the conclusion 
of an ingenious writer, 1 "that the edict of the prae- 
tor urbanus was in the main part relating to actions 
arranged after the model of the old legis actiones, 
and that the system is apparent in the Code of Jus- 
tinian, and still more in the Digest." 

Under the emperors there were many commenta- 
tors on the Edict. Thus we find that Labeo wrote 
four books on the Edict, and a work of his in thirty 
books, Ad Edictum Praetoris Peregrini, is cited by 
Ulpian. 3 When the imperial rescripts became com- 
mon, the practice of making annual edicts became 
less common, and after the time of Hadrian proba- 
bly fell nearly into disuse ; but this opinion, it should 
be observed, is opposed by several distinguished 
modern writers. However this may be, Salvius Ju- 
lianus, a distinguished jurist, who lived in the time 
of Hadrian, and filled the office of praetor, composed 
a systematic treatise on the edict, which was called 
Edictum Perpetuum ; and it seems that, from the 
date of this treatise, the name Perpetuum was more 
particularly applied to this edictum than to that 
which was originally called the Edictum Perpetu- 
um. Julian appears to have collected and arranged 
the old edicts, and he probably omitted both what 
had fallen into disuse, and abridged many parts, 
thus giving to the whole a systematic character. 
The work of Julian must have had a great influence 
on the study of the law, and on subsequent juristical 
writings. Nothing is known of the details of this 
treatise. It does not seem probable that the edicts 
of the two Romans praetors, together with the Edic- 
tum Provinciale, and the edicts of the curule aediles, 
were blended into one in this compilation. If the 
work of Julian comprehended all these edicts, they 
must have been kept distinct, as the subject matter 
of them was different. We know that the edicts of 
the curule aediles were the subject of distinct treati- 
ses by Gaius, Ulpian, and Paulus, and the Edictum 
Provinciale w r ould, from its nature, be of necessity 
kept separate from all the rest. But some writers 
are of opinion that the Edictum Perpetuum of Juli- 
anus made one body of law out of the edicta of the 
praetor urbanus and peregrinus ; that there was also 
incorporated into it much of the Edictum Provinci- 
ale, and a large part of the Edictum ^Edilicium, as 
an appendage at least. The Edict thus arranged 
and systematized was, it is farther supposed, pro- 
mulgated in the provinces, and thus became, as far 
as its provisions extended, a body of law for the 
Empire. This view of the edictum of Julianus is 
confirmed by the fact of Italy being divided by Ha- 
drian into the city of Rome with its appurtenant 
part, and four districts. The magistratus remained 
as before, but the jurisdiction of the praetor was lim- 
ited to Rome and its territory ; and magistrates, 
called consulares, and subsequently, in the time of 
Aurelius, juridici, were appointed to administer jus- 
tice in the districts. As the edictal power of the 
praetor was thus limited, the necessity for a com- 
prehensive Edict (such as the Edictum Perpetuum* 
is the more apparent. 

There were numerous writings on the Edict be- 
sides those above enumerated. They were some- 
times simply entitled ad Edictum, according to th» 



1. (Rhein. Mus. fur Juris., i. 
Edictes, von Heftier.")— 2. (Dig 



p. 51. — "Die (Economic (let 
4, tit. 3,8. 9.) 

189 



EIREN. 



EISANGEL1A. 



stations in the Digest ; and there were alsq other ju- 
ristical writings, not so entitled, which followed the 
order of the Edict, as, for instance, the epitome of 
Hermogenianus. 1 Ultimately the writings on the 
Edict, and those which followed the arrangement of 
the Edict, obtained more authority than the Edict 
itself, and became the basis of instruction. 

Some few fragments of the older edicts are found 
here and there in the Roman writers, but it is chief- 
ly from the writings of the jurists as excerpted in 
the Digest that we know anything of the Edict in its 
later form. It seems pretty clear that the order of 
Justinian's Digest, and more particularly that of his 
Code, to some extent followed that of the Edict. 
The writings on the Edict, as well as the Edict it- 
self, were divided into tituli or rubrics, and these 
into capita; some special or detached rules were 
named clausula? ; and some parts were simply named 
edictum, as Edictum Carbonianum, &c. 

The Edicta or Edictales Leges of the emperors 
are mentioned under Constitutio. 

The Digest, as already observed, contains "nu- 
merous fragments of the Edicts. Th3 most com- 
plete collection of the fragments of the Edicts is by 
Wieling, in his "Fragmenta Edicti.Perpetui," Fra- 
nek., 1733. The latest essay on the subject is by 
0. G. L. de Weyhe. " Libri Tres Edicti sive de ori- 
gine fatisque Jurisprudentiae Romanae praesertim 
Edictorum Praetoris ac de forma Edicti Perpetui," 
Cell., 1821. The twenty-first book of the Digest 2 
is on the ^Edilicium Edictum. (Zimmern, Geschich- 
te des Rom. Privatrechts. — Marezoll, Lehrbuch, &c. — 
Rein, Das Romische Privatrecht, &c, ein Hulfsbuch 
zur erklarung dcr alten Classiker, &c, Leipzig, 1836, 
a useful work. — Savigny, Geschichte des R. R., &c, 
toI i c 1 } 

EDICTUM THEODORICI. This is the first 
collection of law that was made after the downfall 
of the Reman power in Italy. It was promulgated 
by Theodoric, king of the Ostrogoths, at Rome, in 
the year A.D. 500. It consists of 154 chapters, in 
which we recognise parts taken from the Code and 
Novellas of Theodosius, from the Codices Gregoria- 
nus and Hermogenianus, and the Sententiae of Pau- 
lus. The Edict was doubtless drawn up by Roman 
writers, but the original sources are more disfigured 
and altered than in any other compilation. This 
collection of law was intended to apply both to the 
Goths and the Romans, so far as its provisions went ; 
but when it made no alteration in the Gothic law, 
that law was still to be in force. There is an edi- 
tion of this Edictum by G. F. Rhon, Halae, 1816, 
4to. 3 

EEDNA. (Vid. Dos, Greek.) 

EICOSTE (bikoott]) was a tax or duty of one 
twentieth (five per cent.) upon all commodities ex- 
ported or imported by sea in the states of the allies 
subject to Athens. This tax was first imposed 
B.C. 413, in place of the direct tribute which had up 
to this time been paid by the subject allies ; and 
the change was made with the hope of raising a 
greater revenue.* This tax, like all others, was 
farmed, and the farmers of it were called eUooTOA.6- 
yot. It continued to be collected in B.C. 405, as 
Aristophanes mentions an eloKooroAoyog in the 
Frogs. 8 

EICOSTOL'OGOI. (Vid. Eicoste.) 

EIREN or IREN (elpr/v or Ipjjv) was the name 
given to the Spartan youth when he attained the 
age of twenty. At the age of eighteen he emerged 
from childhood, and was called ficTilelprjv. 6 When 
he had attained his twentieth year, he began to ex- 



1. (Dig. 1, tit. 5,s. 2.)— 2. (tit. 1.) — 3. (Savigny, Geschichte 
ties R. R., &c.)— 4. (Thucyd., vii., 28.)— 5. (1. 348. — Vid. 
^ri',ch. Publ. Econ. of Athens, ii., p. 38, 139.)— 6. (Plut., Lye, 



■ •/ 



390 



ercise a direct influence over his junioi 4, and wa» 
intrusted with the command of troops in battle. 
The word appears to have originally signified a com- 
mander. Hesychius explains 'Ipavec by ap^ovref, 
diuKovrec : and elpjjvd^c.i by Kparet. The Ipeveg men- 
tioned in Herodotus 1 were certainly not youtha, but 
commanders. 2 

EIS'AGEIN. (Vid. Eisagogeis.) 

EISAGO'GEIS (Eioayuyelc) were not themselves 
distinct classes of magistrates, but the name waa 
given to the ordinary magistrates when they were 
applied to to bring a cause (eladyeLv) into a propei 
court. (Vid. Diaitetai, p. 354, and Dice, p. 358.) 
The cause itself was tried, as is explained under 
Dice, by dicasts chosen by lot ; but all the prelimi- 
nary proceedings, such as receiving the accusation, 
drawing up the indictment, introducing the cause 
into court, &c, were conducted by the regular ma- 
gistrate, who attended in his own department to all 
that was understood in Athenian law by the rjys/uo- 
via tov diKaarijpiov. Thus we find the strategi, the 
logistas, the k^icrdrai tuv drjjxocicdv ipyuv, the em- 
ueTnjTal tov e/x-Kopiov, &c, possessing this rjyefiovia ; 
but it was not the chief business of any of the pub- 
lic magistrates except of the archons, and perhaps 
of the eleven. The chief part of the duties of the 
former, and especially of the thesmothetag, consisted 
in receiving accusations and bringing causes to trial 
(eladyetv) in the proper courts. (Vid. Akchon, p, 
84.) 3 

EISANGELTA (elaayyeXia) signifies, in its pri 
mary and most general sense, a denunciation of 
any kind,* but much more usually, an information 
laid before the council or the assembly of the peo- 
ple, and the consequent impeachment and trial of 
state criminals at Athens under novel or extraordi- 
nary circumstances. Among these were the occa- 
sions upon which manifest crimes were alleged to 
have been committed, and yet of such a nature a3 
the existing laws had failed to anticipate, or, ai 
least, describe specifically (aypafya udiKrjfj.aTa) y tne 
result of which omission would have been, but for 
the enactment by which the accusations in question 
might be preferred (vo/noc elaayyeXTiKoc), that a 
prosecutor would not have known to what magis- 
trate to apply ; that a magistrate, if applied to, 
could not with safety have accepted the indictment 
or brought it into court ; and that, in short, there 
would have been a total failure of justice. 5 The 
process in question was peculiarly adapted to sup- 
ply these deficiencies : it pointed out, as the author- 
ity competent to determine the criminality of the 
alleged act, the assembly of the people, to which 
applications for this purpose might be made on the 
first business-day of each prytany (fcvp'ia eKulrjoia 6 ), 
or the council, which was it all times capable of 
undertaking such investigations ; and occasionally 
the accusation was submitted to the cognizance of 
both these bodies. After the offence had been de- 
clared penal, the forms of the trial and amount of 
the punishment were prescribed by the same au- 
thority ; and, as upon the conviction of the offenders 
a precedent would be established for the future, the 
whole of the proceedings, although extraordinary, 
and not originating in any specific law, iriay be con- 
sidered as virtually establishing a penal statute, 
retrospective in its first application. 7 

The speech of Euryptolemus 8 clearly shows thai 
the crime charged against the ten generals who 
fought at Arginusae was one of these unspeci- 
fied offences. The decree of the senate against 
Antiphon and his colleagues, 9 directing that they 

1. (ix., 85.)— 2. (Miiller, Dorians, ii., p. 315.)— 3. (Hermann, 
Pol. Ant. of Greece, $ 138.) — 4. fSchbmann, De Com., p. 181. » 
5. (Harpocrat., s. v.) — 6. (Harpocrat.)--T. (Lycurg., c. Leocrat.. 
149, ed. Steph.)— 8. (Xen., Hell., i., 7, sub fin.)— 9. (Vit D^' 
Orat. in Antiph . 833, E.) 



EISANGELIA. 



EISITER1A 



snould be tried, and, if found guilty, punished as 
traitors, seems to warrant the inference that their 
delinquency (viz., having undertaken an embassy 
to Sparta by order of the Four Hundred, a govern- 
ment declared illegal upon the reinstatement of the 
democracy) did not amount to treason in the usual 
sense ui the term, but required a special declaration 
by the senate to render it cognizable as such by the 
Heliaea. Another instance of treason by implica- 
tion, prosecuted as an extraordinary and unspecified 
crime, appears in the case of Lcocrates, who is, in 
the speech already cited, accused of having absent- 
ed himself from his country, and dropped the char- 
acter of an Athenian citizen at a time when the 
state was in imminent danger. Offences, however, 
of this nature were by no means the only ones, nor, 
indeed, the most numerous class of those to which 
extraordinary denunciations were applicable. They 
might be adopted when the charge embraced a 
combination of crimes, as that of treason and impi- 
ety in the famous case of Alcibiades, for each of 
which a common indictment (ypafyrj) was admissi- 
ble when the accused were persons of great influ- 
ence in the state, when the imputed crime, though 
punishable by the ordinary laws, was peculiarly 
heinous, or when a more speedy trial than was per- 
mitted by the usual course of business was requisite 
to accomplish the ends of justice. 1 Circumstances 
such as these would, of course, be very often pre- 
tended by an informer, to excite the greater odium 
against the accused, and the adoption of the process 
in question must have been much more frequent 
than was absolutely necessary. 

The first step taken by the informer was to re- 
duce his denunciation to writing, and submit it im- 
mediately to the cognizance of the council, which 
had a discretionary power to accept or reject it. 8 
Schomann maintains that a reference to this body 
was also necessary when it was intended to bring 
the matter before the assembly of the people, but 
that its agency was in such cases limited to permit- 
ting the impeachment to be announced for discus- 
sion, and directing the proedri to obtain a hearing 
for the informer. The thesmothetae are also men- 
tioned by Pollux 3 as taking part in bringing the 
matter before the assembly, but upon what occasion 
they were so employed we can only conjecture. 

In causes intended for the cognizance of the 
council only, after the reception of the denuncia- 
tion, three courses with respect to it might be 
adopted by that body. If the alleged offence were 
punishable by a fine of no greater amount than five 
hundred drachmae, the council itself formed a court 
competent for its trial ; if it was of a graver char- 
acter, they might pass a decree, such as that in the 
case of Antiphon already mentioned, directing the 
proper officers to introduce the cause to a Heliastic 
court, and prescribing the time and forms of the 
trial, and the penalty to be inflicted upon the con- 
viction of the criminals ; lastly, if the matter were 
highly important, and from doubts or other reasons 
they required the sanction of the assembly, they 
might submit the cause as it stood to the consider- 
ation of that body. Tn the first case, the trial was 
conducted before the council with all the forms of 
an ordinary court ; and if, upon the assessment of 
penalties, the offence seemed to deserve a heavier 
punishment than fell within its competency, the 
trial was transferred to a Heliastic court, by the 
delivery of the sentence of the council (Karuyvooig) 
to the thesmothetae by the scribe of the prytanes, 
and upon these officers it then devolved to bring 
the criminals to justice.* The accused were in the 
mean while put into pris on for safe custody by the 

1. (Schomann, De Com., p. 190.— Harpocrat.)— 2. (Lys., c 
Wicom., 185.;— 3. (viii . 87.)— 4. (Demost.h., c. Timocr., 720.) 



authority of the council. When the offence was 
obviously beyond the reach of the senate's compe« 
tency, the trial was dispensed with, and a decree 
immediately drawn up for submitting the cause to a 
superior court. 

When a cause of this kind was so referred, the 
decree of the senate, or vote of the people, associa- 
ted other public advocates, generally ten in number, 
with the informer, who received a drachma eao.*i 
from the public treasury (awr/yopoi). And besides 
these, permission was given to any other citizen to 
volunteer his services on the side of the prosecu 
tion. If the information were laid before the as- 
sembly, either by the accuser himself or the senate, 
the first proceedings in the cause had for their ob- 
ject to establish the penalty of the offence, or the 
apparent culpability, of the accused ; and this being 
decided by a vote of the people after a public dis- 
cussion, the mode of conducting the trial and the 
penalty were next fixed. In the case of the ten 
generals, the assembly directed that the senate 
should propose the requisite arrangements. The 
plan of the senate, however, was not necessarily 
adopted, but might be combated by rival proposals 
of any private citizen. The assembly very often 
referred the matter to the Heliastic court, but oc- 
casionally undertook the trial itself; and when the 
prisoner was accused of treason, we are told 1 that 
he made his defence to the assembly in chains, and 
with a keeper upon either side ; and, according to 
another authority, 3 that the time for such defence 
was limited. After this the tribes voted by ballot, 
two urns being assigned to each tribe for this pur- 
pose. The informer, in the event of the prisoner 
being acquitted, was subjected to no penalty if btj 
obtained the votes of as many as a fifth of the 
judges ; otherwise he was liable to a fine of a 
thousand drachmae. For a more ample discussion 
of the trials in question, the reader is referred to 
Schomann. 3 

Besides the class of causes hitherto described, 
there were also two others which equally bore the 
name of uoayyzkia, though by no means of the same 
importance, nor, indeed, much resembling it in the 
conduct of the proceedings. The first of these con- 
sists of cases of alleged Kanuaiq, i. e., wrong done 
to aged or helpless parents, women, or orphans. 
Upon such occasions the informer laid his indict- 
ment before the archon if the aggrieved persons 
were of a free Attic family, or before the polemarch 
if they were resident aliens. The peculiarities of 
this kind of cause were, that any Athenian citizen 
might undertake the accusation ; that the informer 
was not limited as to time in his address to the 
court, and incurred no penalty whatever upon fail- 
ing to obtain a verdict. With respect to the ac- 
cused, it is obvious that the cause must have been 
TL\irirbq, or, in other words, that the court would 
have the power of fixing the amount of the penalty 
upon conviction. The third kind of eiaayyeAia was 
available against one of the public arbitrators (6iai- 
TTjTTjc), when any one complained of his having 
given an unjust verdict against him. The informa- 
tion was in this case laid before the senate ; and 
that the magistrate who had so offended, or did not 
appear to defend himself, might be punished by dis- 
franchisement, we know from the instance men- 
tioned by Demosthenes.* This passage, however, 
and an allusion to it in Harpocration, constitute 
the whole of our information upon the subject. 6 

EISITE'RIA (E'tGLTr/pia, scil. iepa\ sacrifices 
which were offered at Athens by the senate before 
the session began, in honour of Oeol Bov?<,aloi, i. e., 



1. (Xen., 1. c )— 2. (Schol. ad Aristoph., Eccles., 1061.)— I 
(De Comitiis. c. iii.)— 4. (c. Meid., 542, 14.)— 5. (HudtwalckeB 
iiber d.e Diftt.et . p. 19 — Meier, Att. Proc, 270.) 

391 



E1SPH0RA. 



EISPHORA. 



&eii3 and Athena. 1 The sacrifice was accompanied 
by libations, and a common meal for all the senators.* 

Suidas 3 calls the dairr^pia a festive day— the first 
of every year — on which all the Athenian magis- 
trates entered upon their office, and on which the 
senate offered up sacrifices for the purpose of ob- 
taining the good- will of the gods for the new magis- 
trates. But this statement, as well as the farther 
remarks he adds, seem to have arisen from a gross 
misunderstanding of the passage of Demosthenes* 
to which he refers. Schomann 5 adopts the account 
of Suidas, and rejects the other statement without 
giving any reason. 

EIS'PHORA (eiacpopd), literally a contribution or 
tribute, was an extraordinary tax on property, raised 
at Athens whenever the means of the state were 
not sufficient to carry on a war. The money thus 
raised was sometimes called rit KaraSXrifiara. 6 We 
must carefully distinguish between this tax and the 
various liturgies which consisted in personal or di- 
rect services which citizens had to perform, where- 
as the elaQopd consisted in paying a certain contri- 
bution towards defraying the expenses of a war. 
Some ancient writers do not always clearly distin- 
guish between the two, and Ulpian on Demosthenes 7 
entirely confounds them ; and it is partly owing to 
these inaccuracies that this subject is involved in 
great difficulties. At the time when armies consist- 
ed only of Athenian citizens, who equipped them- 
selves and served without pay, the military service 
was indeed nothing but a species of extraordinary 
liturgy; but when mercenaries were hired to per- 
form the duties of the citizens, when wars became 
more expensive and frequent, the state was obliged 
to levy contributions on the citizens in order to be 
able to carry them on, and the citizens then paid 
money for services which previously they had per- 
formed in person. 

It is not quite certain when this property-tax was 
introduced ; for, although it is commonly inferred, 
from a passage in Thucydides, 8 that it was first in- 
stituted in 428 B.C. in order to defray the expenses 
of the siege of My tile ne, yet we find eiofyopd men- 
tioned at an earlier period ; 9 and even the passage 
of Thucydides admits of an interpretation quite in 
accordance with this, for it is certainly not impos- 
sible that he merely meant to say that so large an 
amount as 200 talents had never before been raised 
as elofyopd. But, however this may be, after the 
year 428 B.C. this property-tax seems to have fre- 
quently been raised, for a few years afterward 
Aristophanes 10 speaks of it as something of common 
occurrence. Such a contribution could never be 
raised without a decree of the people, who also as- 
signed the amount required ; u and the generals 
superintended its collection, and presided in the 
courts where disputes connected with, or arising 
from, the levying of the tax were settled. 18 Such 
disputes seem to have occurred rather frequently ; 
personal enmity not seldom induced the officers to 
tax persons higher than was lawful, according to 
the amount of their property. 13 The usual expres- 
sions for paying this property- tax are, eia<j>epecv 
Xpf;p:aTa, elcrtpspELv elg tov noT^e/iov, elg ttjv ocjTwpiav 
ttiq noleue, el<7(j)opdg ela<p£pet.v, and those who paid it 
were called ol el<y<pepovTeg. On the occasion men- 
tioned by Thucydides, the amount which was raised 

1. (Antiph., De Chor., p. 789,— Bockh, Corp. Inscript., i., p. 
I>71.) — 2. (Demosth., De Fals. Leg., p. 400, 24. — Compare with 
e. Meid., p. 552, 2, whera dam'/pia are said to he offered for the 
senate, virlp rrjs /3ouAr?j.)— 3. (s.v.) — 4. (De Fals. Leg., p. 400.) 
5. (De Comit., p, 291, transl.) — 6. (Demosth., c. Timocr., p. 
731.)— 7. (Olynth., ii., p. 33, e.)— 8. (iii., 19.)— 9. (Fid. Antiph., 
Tetral., i. b,, c. 12. — Isaeus, De DiciEOg., c. 37; and Tittmann, 
Griech. Staats7., p. 41, note 31.,— 10. (Equit., 922.)— 11. (De- 
mosth., c. PolycL, p. 1208. — Aristoph., Eccles., 818.) — 12. 
(Wolf, Proleg. in Leptin., p. 94. — Demosth., c. Breot., p. 1002.) 
-—13. (Aristoph. 1 c— Demosth., c. Aphob., p. 815.) 
392 



was, as we have seen, 200 talents, which it we 
suppose the taxable property to have been 20,000 
talents, was a tax of one per cent. 1 At other times 
the rates were higher or lower, according to the 
wants of the Republic at the time: we have ac- 
counts of rates of a twelfth, a fiftieth, a hundredth, 
and a five hundredth part of the taxable property 

The census of Solon was during the first period 
the standard according to which the ela<popd wai 
raised, until in 377 B.C., in the archonship of Nau- 
sinicus, a new census was instituted, in which the 
people, for the purpose of fixing the rates of the 
property-tax, were divided into a number of sym- 
moriae (avp/LLopiat) or elasses, similar to those which 
were afterward made for the trierarchy. 8 The na- 
ture of this new census, notwithstanding the minute 
investigation of Bockh, 3 is still involved in great ob- 
scurity. Each of the ten phylae, according to Ul- 
pian, appointed 120 of its wealthier citizens, who 
were divided into two parts, according to their prop- 
erty, called symmoriae, each consisting of sixty per- 
sons ; and the members of the wealthier of the two 
symmoriae were obliged, in case of urgent necessity, 
to advance to the less wealthy the sum required foi 
the elatyopd (irpoeicjcpopd*). When the wants of the 
state had been thus supplied, those who had advan- 
ced the money could at their ease, and in the usual 
way, exact their money back from those to whom 
they had advanced it. The whole number of per- 
sons included in the symmoriae was 1200, who were 
considered as the representatives of the whole Re- 
public ; it would, however, as Bockh justly observes, 
be absurd to suppose, with Ulpian, that these 1200 
alone paid the property-tax, and that all the rest 
were exempt from it. The whole census of 6000, s 
or, more accurately, of 5750 talents, 6 was surely not 
the property of 1200 citizens, but the taxable prop- 
erty of the whole Republic. Many others, therefore, 
though their property was smaller than that of the 
1200, must have contributed to the elo<]>opd, and 
their property must be considered as included in 
the census of 5750 talents of taxable property. 

The body of 1200 was, according to Ulpian, also 
divided into four classes, each consisting of 300. 
The first class, or the richest, were the leaders of 
the symmoriae (r/yefiover ov/u/uopiuv), and are often 
called the three hundred na? ki-oxvv. They proba- 
bly conducted the proceedings of the symmoriae, 
and they, or, which is more likely, the demarchs, 
had to value the taxable property. Other officers 
were appointed to make out the lists of the rates, 
and were called kmypafyeZg, diaypafyug, or eK^oyeic. 
When the wants of the state were pressing, the 300 
leaders, perhaps in connexion with the 300 includeu 
in the second class — for Ulpian, in the first portion 
of his remark, states that the richer symmoria of 
every phyle had to perform this duty — advanced 
the money to the others on the above-mentioned 
terms, 7 which, however, was never done unless i* 
was decreed by the people. 8 The rates of taxation 
for the four classes have been made out with great 
probability by Bockh, 9 from whose work the follow, 
ing table is taken : 

First Class, from twelve talents upviard. 

Property. Taxable. Taxable Capital. oF^OtT^rt 

500 tal. \ . 100 tal 5 tal. 

100 " . \ . 20 " .... 1 " 

50 " . | • 10 " .... 30min. 

15 " . £ . 3 " .... 9 " 

12 " . i . 2 tal. 24 min . 720 drach. 



I. (Bockh, Staatsh., ii., p. 56.) — 2. (Philoch., ap. Harpocrat 
8. v. Yvpfiopia. — Demosth., c. Androt., p. 606. — Ulpian ad De- 
mosth., Olynth., ii., p. 33, e.) — 3. (Staatsh., book iv.) — 4. (D»* 
mosth., c. Meid., p. 564, &c.) — 5. (Demosth., De Symmor.) — & 
(Polyb., ii., 62, t) 7.)— 7. (Demosth., c. Phsnipp., p. 140.)--% 
(Demosth., c. Polycl., p. 1209 )— 9. (Staatsh., ii., p. 55.) 



ELAIOMELI. 



ELECTRUM. 



Kecond Class, from six talents and upward, but under 

twelve. 



Property. 

11 tal. 

10 " 
8 " 
7 " 
6 " 



Tumble. 

1 

• U" • 
1 

• tf • 
1 

1 



Taxable Capital. 



tal. 



50 
40 
20 
10 



mm. 
it 



Property-tax 
of l-20th part. 

550 drach. 
500 " 
400 " 
350 " 
300 " 



Property. 

5 tal. 
4 " 
3 " 
2±" 
2 " 



Third Class, from two talents upward, but under six. 

Taxable. Taxable Capital. of j Joth part. 

37£min. . . . 187* drach. 
30 " 
22J- " 

18| " 



i 
i 

■ff 

i 

s 
i 

s 
1 
■g 



15 



150 
112* 
93J 
75 



u 



Fmrth Class, from twenty-five mince upward, but 
under two talents. 



Property. 

1* tal. 

1 " 
45 min. 
30 " 
25 " 



Taxable. 

I 

1 • 
1 

1 o • 
1 

io • 

1 
To ' 

l 
To" ' 



Taxable Capital. 

900 drach. 
600 " 
450 " 
300 " 
250 " 



Property-tax 
of l-30th part. 

45 drach. 
30 " 
22J- « 
15 
12* 



«« 



Every one had to pay his tax in the phyle where 
his landed property lay, as appears from the oration 
of Demosthenes against Polycles ; and if any one 
refused to pay, the state had a right to confiscate 
his estate, hut not to punish the individual with 
atimia. 1 But if any one thought that his property 
was taxed higher than that of another man on 
whom juster claims could be made, he had the right 
to call upon this person to lake the office in his 
stead, or to submit to a complete exchange of prop- 
erty. (Vid. Antidosis.) No Athenian, on the other 
hand, if belonging to the tax-paying classes, could 
be exempt from the elcnpopd, not even the descend- 
ants of Harmodius and Aristogiton. 2 Orphans, 
though exempt from liturgies, were obliged to pay 
the property-tax, as we see in the instance of De- 
mosthenes, who was one of the leaders of the sym- 
morise for ten years. 3 Even trierarchs were not ex- 
empt from paying the efo<j>opa themselves, although 
they could not be compelled to pay the 7rpoeio<popa* 
It seems that aliens were likewise subject to it, for 
the only instance we have of any exception being 
made is one of aliens. 6 

For farther information concerning the subject 
oi the elatiopd, vid. the fourth book of Bbckh's Pub- 
lic Economy of Athens. — Wolf, Prolegomena in hep- 
tin. — Wachsmuth, Hellen. Alterth., ii., 1, p. 136. — 
Hermann, Pol. Ant. of Greece, § 162. 

EISPOIEISTHAI (e'unroutodai). (Vid. Adop- 
tiox Greek } 

eLeOTHE'SIUM. (Vid. Baths, p. 148.) 

*ELAIA (eXala), the Olive. The common ekaia 
oi the Greek authors is the Olea Europcea, L. The 
iXaia kidLOTTLKrj, called also dypielaia and kotlvoc, is 
leferred by Matthiolus and Sprengel to several spe- 
cies of the Elaiagnus, namely, E. spinosa, E. hor- 
tensis, and E. Orientalis. 6 

♦ELAIAG'NUS or ELEIAG'NUS (klaiayvoc or 
kXeiayvoc), a plant mentioned by Theophrastus, 7 
and -which is thought, from the description which 
he gives of it, to have been the same with the Dutch 
Myrtle, or Myrica, Gale Sprengel, however, is in 
favour of the Salix Babyi xnica, or Weeping Willow. 8 

♦ELAIO'MELI (kXcuo/uli), according to Dr. Al- 



I. (Uemo9th.,c. Androt., p. 609 ; c. Timor.r., p. 752.)— 2. (De- 
«06th., c. Leptia., p. 462. Ac.)— 3. (c. Meid., p. 565.— Compare 
Isaius, ap. Dionys. Isseus, p. 108 ; or Orac. Graec. vol. vii., p. 331, 
cd. Reiske.)— 4. (Demosth., c. Polycl., p. 1209 ;' c. Fbaemjp., p. 
1046.)— 5. (Marm. Oxon., II., xxir.— Bocth, Staatsh., ii., p. 75.) 
—6. (Adams, Append., s. v.)— 7. (H. P. , iv., 9.)— K (Adams, 
Append., ». v.) 

Ton 



ston, a nort of Manna. Pliny 1 says of it, ' Spcmtt 
nascitur in Syria maritimis, quod elaomel: vocant , 
manat ex arboribus pingue, crassiusque melle, resina 
tenuius, sapor e dulci." The same writer, in another 
part, 2 informs us that it acted as an aperient, and 
was particularly efficacious in producing evacua- 
tions of bile. Hard drinkers, who wished to con- 
tend for the palm at a carousal, commenced by 
drinking a cyathus of diluted elaeomeli. Fee in- 
clines to make it a terebinthine, especially since 
Dioscorides speaks of its employment as a friction 
in nervous disorders. Pliny and Dioscorides make 
mention, also, of its soporific properties ; but this 
seems inconsistent with its other qualities, and is 
regarded by Fee as erroneous. 3 

ELAPHEBOL'IA fEAa^oAia), the greatest fes- 
tival in the town of Hyampolis, in Phocis, which 
was celebrated in honour of Artemis, in commem- 
oration, it is said, of a victory which its inhabitants 
had gained over the Thessalians, who had ravaged 
the country, and reduced the Phocians in the neigh- 
bourhood of the town nearly to the last extremity. 4 
The only particular which we know of its celebra- 
tion is, that a peculiar kind of cake (eAayoc) was 
made on the occasion. 5 These cakes were, as their 
name indicates, probably made in the shape of a 
stag or deer, and offered to the goddess. The fes- 
tival of the elaphebolia was also celebrated in many 
other parts of Greece, but no particulars are known.' 

ELAPHEBOLTON ('EAa(f>n6oXiup). (Vid. Cal- 
endar, Greek.) 

♦ELAPHOBOS'CUS (eAacpodooKoc), the Garden 
Parsnip, or Pastinaca sativa. The popular belief 
was, that the stags, by feeding on this, were enabled 
to resist serpents. Sibthorp found it in the islands 
of the Archipelago, on the margins of fields, and also 
in the Peloponnesus. 7 

*EI/APHUS (eXa<poc), the Stag, or Cervus Ela- 
phus. Buffon makes the 'nrireXafoc of Aristotle the 
Cerf des Ardennes. The dxacvnc of Aristotle was 
the Daguet, or Young Stag. 8 

*EL'ATE (hlurrj). " The common kldrn of the 
Greeks," observes Adams, " must have been either 
the Pinus Orientalis, Tournefort, or the Pinus abies. 
There is some difficulty in distinguishing the Male 
and Female species of Theophrastus. 9 Stackhouse 
holds the former to be the Pinus abies, or common 
Fir-tree ; and the latter, the Pinus picea, or Yellow 
leaved Fir. 10 

♦ELAT'INE (elaTivn), either the Linaria Elatine, 
Desf, or Linaria spuria, Will. Its English name is 
Fluellin, and it is a species of Toad-flax. 11 

*ELEB'ORUS. {Vid. Helleborus.) 

ELECTRUM. (Vid. Bronze, p. 177.) 

•II. Amber. Most of the ancient authors erred in 
supposing Amber an exudation from the poplar. 
Theophrastus, however, 12 would appear to have 
known its true origin. " Amber," says he, " is 
a stone. It is dug out of the earth in Liguria, 
and has, as before mentioned, a power of attrac- 
tion." Diodorus Siculus 13 knew that Amber came 
from the country north of Gaul, and that the popu- 
lar story of its consisting of the tears of those pop- 
lars into which Phaethon's sisters were transformed 
was a mere fable. Lucnn was aware that Amber 
was not an exudation from the poplar, and that there 
was none of it got at the mouth of the Po. • The 
common error in relation to the quarter whence thi% 
substance was obtained, has been explained as fol- 



1. (H. N., iv., 7.)— 2. (If. N., xxiii., 4.)— 3. (Plin., H. N., ed 
Panckoucke, to1. xiv., p. 367.)— 4. (Plut., De Mul. Virt., p 267 
— Paus., x., 35, t> 4.)— 5. CAthen., xv., p. 646.;— 6. (Etyjn. Mag., 
s. v. 'EXa^CoXtcivO — "'• (Dioscor, iii., 73 —Adams, Append., 
8 . v.)_ s. (Schneider ad Aristot., H. A., ix., 6.— Aiams, Ap- 
pend., s. v.)— 9. (H. P., i.,3 j i.,8.)— 10. (Adams, Ay pond.. s.t. ; 
—11. (Dioscor., iv.,40. -Adams, Append., s. v.)— 12. (Del.apid., 
c. 53.— Hill, ad loc.)-13. (v., 23.) 

393 



ELEPflAS. 



ELEVEN, THE. 



lows : The Phoenician, and, after them, the Cartha- 
ginian, traders obtained their supply of Amber from 
the river Rodaun, which still retains its name, and 
which flows into the Vistula near Dantzic. Their 
fea/ of rivalry, however, in this lucrative branch of 
commerce, induced them to keep the source of their 
traffic involved in obscurity. The name, but not the 
position of the river, was mentioned, and hence the 
Greeks imagined that the stream in question was 
the Eridanus, from the similarity of name. " Am- 
ber," says Dr. Moore, " was well known to the an- 
cients many centuries before the age of Pliny, and 
various ornamental articles were made of it, but in 
his time only for the use of women. 1 His own be- 
lief, not differing much from the one now received, 
is, that it consists of the resinous juice of certain 
trees, which had, in course of time, become miner- 
alized in the earth. Hence was its Latin name 
' succinurrC derived, l quod arboris succxm prisci nos- 
tri credidere.'' 2 Pliny says, the different colours it 
exhibited in its native state were sometimes pro- 
duced by artificial means, since they could dye it of 
whatever tint they pleased ; and, therefore, it was 
much used in counterfeiting translucent gems, and 
especially the amethyst. Demostratus 3 called Am- 
ber lyncurion, supposing it produced from the urine 
of the lynx ; from that of males when of a deeper 
and more fiery tint, but when feebler and paler, of 
the other sex. Other writers spoke of lyncurion 
as a substance distinct from Amber, but having the 
origin indicated by its name."* 

*ELEDO'NE (eXeduvrj), a species of molluscous 
animal, briefly noticed by Aristotle 5 and Athenas- 
uk " Cor ay," remarks Adams, "proposes to read 
Xeliijvvac instead of it ; but I agree with Schweig- 
heeuser, that there is no necessity for any emenda- 
tion. Schneider inclines to refer it to the Moscha- 
tus octopus, Lam." 6 

*ELEIOCHRY'SUS (eIeloxpvgoc) or ELI- 
CHRY'SUS (tXixpvooc), according to some botani- 
cal authorities, the Gnaphalium stoechas, L., or Shrub- 
by Everlasting. Its Greek name was derived from 
its golden -coloured flowers. Dioscorides states 
that it was called by some xP vg uvQeiioc, by others 
ufiapavroc, the latter name referring to its perennial 
character, from which circumstance it was used to 
adorn the statues of the gods. Adams, however, is 
in favour of the Caltha palustris, or Marsh Mary- 
gold. 7 

*ELEIOS (e?„ei6f), an animal mentioned by Aris- 
totle, 8 and supposed to have been identical with the 
uvol-oc, namely, the Glis of the Romans, which was 
the Glis esculentus, or Rellmouse of the later nat- 
uralists. Linnasus calls it the Myoxus Glis. 9 

*ELEIOSELI'NON (eXeioceIlvov), most probably 
the Apium graveolens, wild Celery, or Smallage. 10 

*ELELIS'PHAKOS (klelictyaKos), the Salvia of- 
fic inalis, or common Sage. The Latin name was de- 
rived from the salutary properties ascribed to the 
plant (salvia, a salute, i. e., sanitate). Sibthorp found 
it in uncultivated places, as described by Dioscori- 
des." 

*ELEPHAS (hl^ag), the Elephant, or Elephas 
maximus, L. " One description of the Elephant 
given by Aristotle is admitted by Cuvier to be re- 
markably accurate. The animal and the disease 
Elephas, or Elephantiasis, are both minutely de- 
scribed by Aretaeus. It cannot admit of a doubt 
that the ancients were acquainted with the Indian 



1. (Plin., H. N., xxxvii., 11.)— 2. (Plin., H. N., xxxvii., 11.) 
— 3- (ap. Plin., 1. c.) — 4. (Ancient Mineralogy, p. 105, seq.) — 5. 
(H. A., iv., 1.) — 6. (Adams, Append., s. v.) — 7. (Dioscor., iv., 58. 
— Theophrast., H. P., vi., 8. — Theocr., Idyll., i., 30. — Adams, 
Append., s. v.) — 8. (Adams, Append., s. v.) — 9. (Aristot., H. A., 
Tiii., 19. — Adams, Append., s. v.) — 10. (Dioscor., iii., 68. — The- 
ophrast., II. P., vii., 6.) — 11. (Dioscor., iii., 35. — Thtop'irast.. 
II. P , vi., 11. — Adams, Append., s. v.) 
394 



Elephant (Elephas Indicus), as well as the African 
' Loxodonta Africanus 1 )." 

ELEVEN, THE (ol Zvdena), were .fcagistrates at 
Athens of considerable importance. They are al- 
ways called by this name in the classical writers ; 
but in the time of Demetrius Phalereus, their name 
is said to have been changed into that of vopiofyvka- 
Keg, 2 who were, however, during the Democracy, 
distinct functionaries. (Vid. Nomophylakes.) The 
grammarians also give other names to the Eleven, 
as Sea/wcjyvXaKEC, ■&eg/j.C(j)v?mkec, &c. 3 

The time at which the office of the Eleven was 
instituted is disputed. Ullrich considers the office 
to have been of an aristocratical character, and con- 
cludes, from a passage in Heraclides Ponticus, 4 that 
it was established by Aristides. Meier, on the oth- 
er hand, maintains that the office existed not only 
before the time of Cleisthenes, but probably before 
the legislation of Solon ; but it seems impossible to 
come to any satisfactory conclusion on the subject. 
They were annually chosen by lot, one from each 
of the ten tribes, and a secretary (ypafifiarevc), who 
must properly be regarded as their servant (viznpi- 
tt)c), though he formed one of their number. 8 

The principal duty of the Eleven was the care 
and management of the public prison (dsapuTrjpiov) 
(vid. Carcer), which was entirely under their juris- 
diction. The prison, however, was seldom used by 
the Athenians as a mere place of confinement, 
serving generally for punishments and. executions. 
When a person was condemned to death, he was 
immediately given into the custody of the Eleven, 
who were then bound to carry the sentence into ex- 
ecution according to the laws. 6 The most com- 
mon mode of execution was by hemlock juice (ku- 
velov), which was drunk after sunset. 7 The Eleven 
had under them jailers, executioners, and torturers, 
who were called by various names (ol Tcapaarurai. ;• 
6 tcjv evSeko vitvpirng ; 9 6 dvp-oaoLvoc ; 10 6 6np,6cioc Ol 
6r]fiiog, &c). When torture was inflicted in caus- 
es affecting the state, it was either done in the im- 
mediate presence of the Eleven, 11 or by their servant 
(o drjpiog). (Vid. Basanos.) 

The Eleven usually only had to carry into execu- 
tion the sentence passed in the courts of law and 
the public assemblies ; but in some cases they pos- 
sessed an TjyEfiovia ScKaarnplov. This was the case 
in those summary proceedings called unayuyfj, eQt}- 
yvccg, and Evdsigig, in which the penalty was fixed 
by law, and might be inflicted by the court on the 
confession or conviction of the accused without ap- 
pealing to any of the jury courts. (Vid. Apagoge.) 
They also had an r/yEpovia dacao-rnptov in the case of 
KaKovypoi, because the summary proceedings men- 
tioned above were chiefly adopted in the case of 
such persons: hence Antiphon 12 calls them ETvi/uEln- 
ral tcjv nanovpyov. The word Kaxovpyoi properly 
means any kind of malefactors, but is only applied 
in Athenian law to thieves (nXinTai), housebreak- 
ers (roLxcopvxoi), 13 man-stealers (uvdpaTrodiorai), and 
other criminals of a similar kind. 1 * 

The Eleven are also said to have possessed qye- 
povia dwaoTTjpiov in the case of confiscated proper- 
ty, 15 which statement is confirmed by an inscription 
published by Bockh. 16 

(Ullrich, Ueber die Eil f Manner, appended to his 
translation of Plato's Meno, Crito, and the first and 
second Alcibiades, Berlin, 1821. — Sluiter, Lectiones 



1. (Aretaeus, Morb. Diut., ii., 13.— Adams, Append., s. v.)— 2. 
(Pollux, Onom., viii., 102.)— 3. (Schol. ad Aristoph., Plut.., 277. 
— Vesp., 775, 1108.)— 4. (i., y 10.)— 5. (Pollux, Onom., viii., 
102.)— 6. (Xen., Hell., ii., 3, v 54.)— 7. (Plato, Phsed., c. 65, 66.) 
—8. (Becker, Anec, p. 296, 32.)— 9. (Xen., Hell , ii., 3, y 54.)— 
10. (Antiph., De Venef., 615.)— 11. (Demosth., . Nicostr., 12&4, 
2.)— 12. (De Caede Herod., 713.)— 13. (Compare Demosth., c. 
Lacrit., 940, 5.)— 14. (Meier, Att. Proc., 76, 77.)— 15. (Etymol 
Mag., p. 338, 35.) — 16. (Urkunden, iiber das Seewesen des Atty 
chen Staates, p. 535.) 



ELEUSIN1A. 



ELEUSINTA. 



An&ociiL p. 256-261.— Meier, Att. Proc, 68-77.— 
Schubert, De Mdilibus, p. 93-96. — Hermann, Pol. 
Antiq. of Greece, § 139. 

ELEUSPNIA {'E'Aevatvia), a festival and myster- 
ies, originally celebrated only at Eleusis in Attica, 
in honour of Demeter and Persephone. 1 All the 
ancients who have occasion to mention the Eleusin- 
ian mysteries, or the mysteries, as they were some- 
times called, agree that they were the holiest and 
most venerable of all that were celebrated in 
Greece.' Various traditions were current among 
the Greeks respecting the author of these myster- 
ies ; for, while some considered Eumolpus or Mu- 
sa»us to be their founder, others stated that they had 
been introduced from Egypt by Erechtheus, who at a 
time of scarcity provided his country with corn from 
Egypt, and imported from the same quarter the sa- 
cred rites and mysteries of Eleusis. A third tradi- 
tion attributed the institution to Demeter herself, 
who, when wandering about in search of her daugh- 
ter Persephone, was believed to have come to At- 
tica, in the reign of Erechtheus, to have supplied its 
inhabitants with corn, and to have instituted the 
reXeral and mysteries at Eleusis. 3 This last opin- 
ion seems to have been the most common among 
the ancients, and in subsequent times a stone, 
called ayilaoroc. irerpa (triste saxum), was shown 
near the well Callichoros at Eleusis, on which the 
goddess, overwhelmed with grief and fatigue, was 
believed to have rested on her arrival in Attica. 4 
Around the well Callichoros the Eleusinian women 
were said to have first performed their chorus, and 
to have sung hymns to the goddess. 5 All the ac- 
counts and allusions in ancient writers seem to 
warrant the conclusion that the legends concerning 
the introduction of the Eleusinia are descriptions 
of a period when the inhabitants of Attica were be- 
coming acquainted with the benefits of agriculture, 
and of a regularly constituted form of society. 6 

In the reign of Erechtheus a war is said to have 
broken out between the Athenians and Eleusinians, 7 
and when the latter were defeated, they acknowl- 
edged the supremacy of Athens in everything ex- 
cept the relerai, which they wished to conduct and 
regulate for themselves. 8 Thus the superintend- 
ence remained with the descendants of Eumolpus 
(vid. Eumolpid^e), the daughters of the Eleusinian 
king Celeus, and a third class of priests, the Kery- 
ces, who seem likewise to have been connected 
with the family of Eumolpus, though they them- 
selves traced their origin to Hermes and Aglauros. 

At the time when the local governments of the 
several townships of Attica were concentrated at 
Athens, the capital became also the centre of reli- 
gion, and several deities who had hitherto only en- 
joyed a local worship were now raised to the rank 
>f national gods. This seems also to have been 
the case with the Eleusinian goddess ; for in the 
reign of Theseus we find mention of a temple at 
Athens, called Eleusinion, 9 probably the new and 
national sanctuary of Demeter. Her priests and 
priestesses now became naturally attached to the 
national temple of the capital, though her original 
place of worship at Eleusis, with which so many 
sacred associations were connected, still retained 
its importance and its special share in the celebra- 
tion of the national solemnities ; and though, as we 
shall see hereafter, the great Eleusinian festival 
was commenced at Athens, yet a numerous pro- 
cession always went, on a certain day, to Eleusis : 

I. (Andoc., De Myster., 15.;— 2. (Aristot., Rhet., ii., 24.— 
Cic, De Nat. Deor., i., 42.)— 3. (Diod. Sic, i., 29.— Isocr., Pan- 
•ygr., p. 46, ed. Steph.)— 4. (Apollod.. Biblioth.. i., 5.— Ovid, 
Fast., iv., 502, &c.).— 5. (Paus.,i., 3S, $ 6.)— 6. (Cic, De Leg., 
ii.. 14 ; in Verr., v.. 14.)— 7. (Hermann, Polit. Ant. of Greece, 
* 91, note 9.)— 8. (Thucyd., ii., 15.— Paus., i., 38, t> 3.)— 9. (Thu- 
cvd., ii 1 17.) 



it w as here that the most solemn part of the s aertnJ 
rites was performed. 

We must distinguish between the greater Eleu- 
sinia which were celebrated at Athens and Eleusis^ 
and the lesser which were held at Agras on the 
Ilissus. 1 From the tradition respecting the institu- 
tion of the lesser Eleusinia, it seems to be clear that 
the initiation into the Eleusinian mysteries was 
originally confined to Atticans only ; for it is said 
that Heracles, before descending into the lower 
world, wished to be initiated ; but as the law did 
not admit strangers, the lesser Eleusinia were in- 
stituted in order to evade the law, and not to dis- 
appoint the great benefactor of Attica. a Other le- 
gends concerning the initiation of Heracles do not 
mention the lesser Eleusinia, but merely state that 
he was adopted into the family of one Pylius in 
order to become lawfully entitled to the initiation. 
But both traditions in reality express the same 
thing, if we suppose that the initiation of Heracles 
was only the first stage in the real initiation ; for 
the lesser Eleusinia were in reality only a prepara- 
tion (7rpo uddapotc or Tzpoayvevoie) for the real mys- 
teries. 3 After the time when the lesser Eleusinia 
are said to have been instituted, we no longer heai 
of the exclusion of any one from the mysteries ex- 
cept barbarians ; and Herodotus* expressly states, 
that any Greek who wished it might be initiated. 
The lesser Eleusinia were held every year in the 
month of Anthesterion, 5 and, according to some ac- 
counts, in honour of Persephone alone. Those who 
were initiated in them bore the name of mystae (uva- 
tcic 6 ), and had to wait at least another year before 
they could be admitted to the great mysteries. The 
principal rites of this first stage of initiation consisted 
in the sacrifice of a sow, which the mystae seem to 
have first washed in the Cantharus, 7 and in the pu- 
rification by a priest, who bore the name of Hydra- 
nos. 8 The mysta? had also to take an oath of se- 
crecy, which was administered to them by the mys- 
tagogus, also called lepo<f>avT7]c TzpodrjTrjg : they re- 
ceived some kind of preparatory instruction, which 
enabled them afterward to understand the mysteries 
which were revealed to them in the great Eleu- 
sinia ; they were not admitted into the sanctuary of 
Demeter, but remained during the solemnities in 
the vestibule. 9 

The great mysteries were celebrated every year 
in the month of Boedromion, during nine days, from 
the 15th to the 23d, 10 both at Athens and Eleusis. 
The initiated were called 'z^o-Krai or eQvpoi. 11 On 
the first day, those who had been initiated in the 
lesser Eleusinia assembled at Athens, whence its 
name was uyvpjuoc ; 13 but strangers who wished to 
witness the celebration of these national solemni- 
ties likewise visited Athens in great numbers at 
this season, and we find it expressly stated that 
Athens was crowded with visiters on the occa- 
sion. 13 On the second day the mystae went in sol- 
emn procession to the seacoast, where they under- 
went a purification. Hence the day was called 
"X2.a6e fivarai, probably the conventional phrase by 
which the mystae were invited to assemble for the 
purpose. 1 * Suidas 16 mentions two rivulets, called 
}>ELToi, as the place to which the mystae went in 
order to be purified. Of the third day scarcely any- 
thing is known with certainty ; we only learn from 



1. (Steph. Byz., s. v. v Ay/>a.)— 2. (Schol. ad Aristoph., Plut., 
846.)— 3. '(Schol. ad Aristoph., 1. cl — 4. (viii., 65.)— 5. (Plut, 
Demetr., 26.) — 6. (Suidas, s. v. 'E 7^-777?.) — 7. (Aristoph, 
Acharn., 703, with the schol., 720, s pd Pax, 369.— Varro, De R« 
Rust., ii., 4.— Plut., Phoc, 28.)— 8. (Hesych., s. v. 'Ycpavdg.-- 
Polyaen., v., 17.)— 9. (Seneca, Qusest. Nat., vii., 31.)— 10. (Plut , 
Demetr., 26. — Meursius, Eleusin., c 21.) — 11. (Suidas, s. v.)— 
12. (Hesych., s. v.)— 13. (Maxim. Tyr , Dssert., 33, sub fie • 
Philostrat., Vit. Apollon., iv. .6.)— 14. (Hesych., s. v.— ?Ayxu. 
iii., 11.)— 15. (s. v. 'Parol- Compare Paus., i., 39, t) 2.) 

395 



ELEUSINIA. 



ELEUSINIA. 



Clemens of Alexandrea 1 that it was a day of fast- 
ing, and that in the evening a frugal meal was 
taken, which consisted of cakes made of sesame and 
honey. Whether sacrifices were offered on this 
day, as Meursius supposes, is uncertain ; but that 
which he assigns to it consisted of two kinds of 
sea-fisl. (rpLyXrj and fiaivig*), and of cakes of barley 
grown in the Rharian plain. 3 It may be, how- 
ever, that this sacrifice belonged to the fourth 
day, on which, also, the naladoc. nadodog seems to 
have taken place. This was a procession with a 
basket containing pomegranates and poppy-seeds ; 
it was carried on a wagon drawn by oxen, and 
women followed with small mystic cases in their 
hands.* On the fifth day, which appears to have 
been called the torch- day (77 rdv Tiafnrddov ijfj.ipa), 
the mystae, led by the dadovxog, went in the evening 
with torches to the Temple of Demeter at Eleusis, 
where they seem to have remained during the fol- 
lowing night. This rite was probably a symboli- 
cal representation of Demeter wandering about in 
search of Persephone. The sixth day, called Iac- 
chos, 6 was the most solemn of all. The statue of 
Iacchos, son of Demeter, adorned with a garland of 
myrtle, and bearing a torch in his hand, was carried 
along the sacred road 6 amid joyous shouts {iaicxi- 
Ceiv) and songs, from the Ceramicus to Eleusis. 7 
This solemn procession was accompanied by great 
numbers of followers and spectators, and the story 
related by Herodotus 8 is founded on the supposition 
that 30,000 persons walking along the sacred road 
on this occasion was nothing uncommon. During 
the night from the sixth to the seventh day, the 
mystae remained at Eleusis, and were initiated into 
the last mysteries (kiroTXTeia). Those who were 
neither kiro-Krai nor [ivarai were sent away by a 
nerald. The rcystse now repeated the oath of se- 
crecy which had been administered to them at the 
lesser Eleusinia, underwent a new purification, and 
then they were led by the mystagogus, in the dark- 
ness of night, into the lighted interior of the sanctu- 
ary (^uTayoyia), and were allowed to se») (avroipia) 
whac none except the epoptae ever beheld. The 
awful and horrible manner in which the initiation 
is described by later, especially Christian writers, 
seems partly to proceed from their ignorance of its 
real character, partly from their horror and aversion 
to these pagan rites. The more ancient writers al- 
ways abstained from entering upon any description 
of Ihe subject. Each individual, after his initia- 
tion, is said to have been dismissed by the words 
s6y£, bfjnzaZ* in order to make room for other mystae. 
On the seventh day the initiated returned to Ath- 
ens, amid various kinds of raillery and jests, espe- 
cially at the bridge over the Cephisus, where they 
sat down to rest, and poured forth their ridicule on 
those who passed by. Hence the words ye<j>vpi&iv 
and ye<pvpiafj,og. 10 These GKUfipiaTa seem, like the 
procession with torches to Eleusis, to have been 
dramatical and symbolical representations of the 
jests by which, according to the ancient legend, 
Iambe or Baubo had dispelled the grief of the god- 
dess and made her smile. We may here observe, 
that probably the whole history of Demeter and 
Persephone was in some way or other symbolically 
represented at the Eleusinia. Hence Clemens of 
Alexandrea 11 calls the Eleusinian mysteries a "mys- 
tical drama." 13 The eighth day, called 'Emdavpia, 



1. (Pratrept., p. 18, ed. Potter.)— 2. (Athen., vii., p. 325.)— 3. 
(Paus., i., 38, t) 6.) — 4. (Callim., Hymn, in Cer. — Virg., Georg., 
j., 166.— Meursius, 1. c, c. 25.)— 5. (Hesych., s. v. "Iukxov.) — 
6. (Pint., Alcib., 34.— Etymol. Magn., and Suid., s. v. 'Upa 
'0<5<5?.)— 7. (Aristoph., Ran., 315, &c— Plut., Phocion, 28, and 
Valcken ad Herod., viii., 65.) — 8. (Compare Plut., Themist.)— 9. 
(Hesycli , s. v.)— 10. (Strab., ix., c. 2, p. 246, ed. Tauchnitz. — Sui- 
das, s. v. TetbvptCwvm — Hesych., s. v. TeQvpicTai. — ^lian, H. A., 
iv., 43.— Muller, Hist. Lit. of Greece, p. 132.)— 11. (Protrept., p. 
12. cd. Potter.)- 12. ( Vid . Mullen Hist. Lit. of Gr., p. 267, &c.) 
39fi 



was a kind of additional day for those who by soma 
accident had come too late, or had been prevented 
from being initiated on the sixth day. It was sai£ 
to have been added to the original number of days, 
when Asclepius, coming over from Epidaurus to be 
initiated, arrived too late, and the Athenians, not to 
disappoint the god, added an eighth day. 1 The ninth 
and last day bore the name of nTirjfioxoqt^ from a 
peculiar kind of vessel called tta^o^ot/, which is 
described as a small kind of kotvaoc. Two of these 
vessels were on this day filled with water or wine, 
and the contents of the one thrown to the east, and 
those of the other to the west, while those who per- 
formed this rite uttered some mystical words. 

Besides the various rites and ceremonies de 
scribed above, several others are mentioned, but it 
is not known to which day they belonged. Among 
them we shall mention only the Eleusinian games 
and contests, which Meursius assigns to the seventh 
day. They are mentioned by Gellius, 3 and are said 
to have been the most ancient in Greece. The 
prize of the victors consisted in ears of barley. 4 It 
was considered as one of the greatest profanations 
of the Eleusinia if, during their celebration, an an- 
fiog came as a suppliant to the temple (the Eleu- 
sinion), and placed his olive-branch (luETTjpia) in it ; 5 
and whoever did so might be put to death without 
any trial, or had to pay a fine of one thousand 
drachmae. It may also be remarked, that at other 
festivals, no less than at the Eleusinia, no man, 
while celebrating the festival, could be seized or ar- 
rested for any offence. 6 Lycurgus made a law that 
any woman using a carriage in the procession to 
Eleusis should be fined one thousand drachmae.' 
The custom against which this law was directed 
seems to have been very common before. 8 

The Eleusinian mysteries long survived the in- 
dependence of Greece. Attempts to suppress them 
were made by the Emperor Valentinian, but he met 
with strong opposition, and they seem to have con- 
tinued down to the time of the elder Theodosius. 
Respecting the secret doctrines which were reveal- 
ed in them to the initiated, nothing certain is known. 
The general belief of the ancients was that they 
opened to man a comforting prospect of a future 
state. 9 But this feature does not seem to have 
been originally connected with these mysteries, and 
was probably added to them at the period which 
followed the opening of a regular intercourse be- 
tween Greece and Egypt, when some of the specu- 
lative doctrines of the latter country and the East 
may have been introduced into the mysteries, and 
hallowed by the names of the venerable bards of the 
mythical age. This supposition would also account, 
in some measure, for the legend of their introduc- 
tion from Egypt. In modern times many attempts 
have been made to discover the nature of the mys- 
teries revealed to the initiated, but the results have 
been as various and as fanciful as might be expect- 
ed. The most sober and probable view is that, ac- 
cording to which, " they were the remains of a wor< 
ship which preceded the rise of the Hellenic my- 
thology and its attendant rites, grounded on a view 
of nature less fanciful, more earnest, and better 
fitted to awaken both philosophical thought and re- 
ligious feeling." 10 Respecting the Attic Eleusinia, 
see Meursius, Eleusinia, Lugd. Bat., 1619. — St. 
Croix, Recherches, Hist, ct Critiq. sur les Mystercs 
dn Paganisme (a second edition was published in 
1817 by Sylvestre de Sacy, in 2 vols., Paris). — Ou- 

1. (Philostr., Vit. Apoll., iv., 6.— Paus., ii., 26, t) 7.)— 2. (Pol- 
lux, Onoin.,x., 74.— Athen., xi., p.496.)-3. (xv.,20.)-4. (Schol- 
ad Pind., OL, ix., 150.)— 5. (Andoc, De Myst., p. £4.)— 6. (De- 
mosth., c. Meid., p. 571.)— 7. (Plut., De Cup. Drv., ix., p. 348.— 
./Elian, V. H., xiii.. 24.)— 8. (Demosth., c. Meid., p. 565.)— 9. 
(Pind., Thren., p. 8, ed. Bockh.) — 10. (Thi . Vwall, Hi»t. of 
Greeca ii.. p. 140, &c.) 



ELLIMENION. 



ELMINS. 



waroff, 2ssai sur les Mysteres iTElcusis, 3d edition, 
Paris, 1816.— Wachsmuth, Hell. Alter., ii., 2, p. 249, 
& c . — Creuzer, Symbol, u. Mythol., iv., p. 534, &c. 

Eleusinia were also celebrated in other parts of 
Greece At Ephesus they had been introduced 
from Athens. 1 In Laconia they were, as far as we 
know, only celebrated by the inhabitants of the an- 
cient town of Helos, who, on certain days, carried 
a wooden statue of Persephone to the Eleusinion, 
in the heights of Taygetus 2 Crete had likewise its 
Eleusinia. 3 

ELEUTHER/IA ('Elevdipia, the feast of liberty), 
a festival which the Greeks, after the battle of Pla- 
taeae (479 B.C.), instituted in honour of Zeus Eleu- 
therios (the deliverer). It was intended not merely 
to be a token of their gratitude to the god to whom 
they believed themselves to be indebted for their 
victory over the barbarians, but also as a bond of 
union among themselves ; for in an assembly of all 
the Greeks, Aristides carried a decree that delegates 
(irp56ov?iOi mi -&eupoi) from all the Greek states 
should assemble every year at Plataeae for the cele- 
bration of the Eleutheria. The town itself was at 
the same time declared sacred and inviolable, as 
long as its citizens offered the annual sacrifices 
which were then instituted on behalf of Greece. 
Every fifth year these solemnities were celebrated 
with contests (dyuv twv 'Elevdepiov), in which the 
victors were rewarded with chaplets (dyuv yvfivi- 
abg oTe<f>avLT\.s*). The annual solemnity at Plataeae, 
which continued *o be observed down to the time 
of Plutarch, 5 was this : On the sixteenth of the 
month of Maimacterion, a procession, led by a trum- 
peter, who blew the signal for battle, marched at 
daybreak through the middle of the town. It was 
followed by wagons loaded with myrtle boughs and 
chaplets, by a black bull, and by free youths, who 
carried the vessels containing the libations for the 
dead. No slave was permitted to minister on this 
occasion. At the end of this procession followed 
the archon of Plataeae, who was not allowed at any 
other time during his office to touch a weapon, or 
to wear any other but white garments, now wear- 
ing a purple tunic, and with a sword in his hand, 
and also bearing an urn, kept for this solemnity in 
the public archive (ypa/j.p,a6vldKiov). When the 
procession came to the place where the Greeks who 
had fallen at Plataeae were buried, the archon first 
washed and anointed the tombstones, and then led 
the bull to a pyre and sacrificed it, praying to Zeus 
and Hermes Chthonios, and inviting the brave men 
who had fallen in the defence of their country to 
take part in the banquet prepared for them. This 
account of Plutarch 6 agrees with that of Thucydi- 
des. 7 The latter, however, expressly states that 
dresses formed a part of the offerings, which were 
probably consumed on the pyre with the victim. 
This part of the ceremony seems to have no longer 
existed in the days of Plutarch, who does not men- 
tion it ; and if so, the Plataeans had probably been 
compelled by poverty to drop it. 8 

Eleutheria was also the name of a festival cele- 
Srated in Samos, in honour of Eros. 9 

ELLIMEN'ION (e^Xifievtov) was a harbour duty 
it the Peiraeus, which, according to a fragment of 
Supolis, 10 had to be paid by a passenger before he 
embarked. This tax appears to have been the same 
as the fiftieth, or two per cent., which was levied on 
all exports and imports ; since Pollux 11 speaks of the 
iM-ifieviorat, or collectors of the harbour duty, as 

1. (Strabo, xiv., p. 162, ed. Tauchnitz.)— 2. (Paus., iii., 20, $ 
5. <fec.)— 3. (Vid. Meurs., Eleus., c. 33.)— 4. (Strabo, ix., p. 266, 
ed. Tauchnitz.)— 5. (Aristid., 21.— Paus., ix., 2, t) 4.)— 6. (Aris- 
tid., 19 and 21.)— 7. (iii., 58.)— 8. (See Thirlwall's Hist, of 
Greece, ii., p. 353, &c— Bockh, Expl. Pind., p. 208, and ad 
Corp. Inscrip., i., p. 904.)— 9. (Athen., xiii., p. 562.)— 10. (Pol- 
\nx, Onom.. ix., 30.)— 11. (Onom., viii., 32.) 



the same persons as the irevrnKooTohoyo , or collect 
ors of the ■KEvrnKocrri. (Vid. Pentecoste.) 

ELLO'TIA or HELLO'TIA ('EUana or 'EUci 
no), a festival celebrated at Corinth m honour ol 
Athena. 1 

A festival of the same name was celebrated in 
Crete, in honour of Europa. The word &/Um?, 
from which the festival derived its name, was, ac° 
cording to Seleucus, 2 a myrtle garland twenty yards 
in circumference, which was carried about in the 
procession at the festival of the Ellotia. 3 

ELLYCH'NIUM (eUv X viov : Attic, $pvalli<;\ a 
wick. Wicks were made of various substances : 
1. Principally of tow, i. e., the coarser fibres of flax 
(Stupa*) ; 2. of the pith of the rush, -&pvov, whence 
the Attic term fipvaXkig ; 5 3. of the narrow woolly 
leaves of the mullein (62.o/j.ic, 2.vxvlrtg 6 ), the use of 
which w r as analogous to the practice of the Span- 
iards, who now make wicks of the slender radical 
leaves of a similar plant, Phlomis Lychnitis, Linn. ;' 
4. of Asbestos. 

The lamps which were lighted at the solemn fes- 
tival celebrated every year at Sai's in Egypt, were 
small open vessels (k/iOdoia), filled with salt and oil. 
Into this the wick was immersed, and the flame 
burned all night upon the surface. 8 There can be 
no doubt that wicks were originally and very com- 
monly used in this manner. It was a great im- 
provement w 7 hen the vessel containing the oil was 
covered, by which it was converted into a propei 
lamp. It was then necessary to make one or more 
round holes in the lamp, according to the numbei 
of the wicks burned in it; and, as these holes were 
called, from an obvious analogy, fivKT^peg or fivl-ai, 
literally, nostrils or nozzles, 9 the lamp was called 6i- 
[ivt-og, Tpljxv^og, or Tzolvpyv^og, in reference to the 
same distinction 10 (Polymyxos lucerna 11 ). In an epi- 
gram of Callimachus, a woman dedicates to Serapis 
a lamp with twenty nozzles (eIkocl fivtjaig ttIovoiov 
Tivxvov). 

As we learn from Aristophanes, thrifty persons 
used to chide those who wasted the oil either by 
using a wick which was thicker than necessary," 
or by pushing the wick forward so as to increase 
the flame. 13 Moreover, in the latter of these passa- 
ges, the boy advances the wick by pushing it with 
his finger, as he might do when the oil was contain- 
ed in an open vessel. In a proper lamp it was drawn 
out by an instrument contrived for the purpose , 
" Et producit acu siupas humore carentes." 1 * The 
bronze lamps found in ancient sepulchres, besides 
exhibiting all the varieties depending on the number 
of holes or nozzles, have sometimes attached to them 
by a chain the needle which served to trim the wick 

The fungus-shaped excrescences which form on 
the top of the wick (fivunreg, fungi) w r ere thought 
to indicate rain. 15 

♦ELMINS or HELMINS (Sty«v? or Zlfiivg). 
" Standing alone, this term is applied to intestinal 
worms in general. The llfiivg irT^drtia is the Ta- 
nia lata. Theophrastus 16 says it is congenital in 
some countries, as Egypt. The medical authors 
describe the Dracunculus, or Guinea Worm, which 
the Greeks call dpaKovriov, and the translators of 
the Arabians Vena medinensis ." 17 Thus far Adams. 
"The word Elmins" observes Griffith, "which is 

1. (Schol. in Pind., Ol., x ii., 56. — Athen., xv., p. 678. — Ety 
mol. Mag., s. v. 'EAAwrt'?.)— 2. (ap. Athen., 1. c.) — 3. (Compare 
Hesych., and Etymol. Mag-, s. v. 'EAXwn'a.) — 4. (Plin., II. N., 
xix., 3. — Isa., xlii., 3 ; xliii., 17.) — 5. (Schol. in Aristoph., Nub., 
59.)— 6. (Dioscor., iv., 104.— Plin., H. N., xxv., 74.)— 7. (Curtis, 
Bot. Mag., 999.)— 8. (Herod., ii., 62.)— 9. (Aristoph., Eccles., 
5.) — 10. (Pollux, Onom., vi., 18 ; x., 26. — Athenaeus, xv., 57,61 ) 
—11. (Martial, xiv., 41.)— 12. (Nub., N).)— 13. (Ves? >.. 249-253.) 
—14. (Virg., Moret., 11.)— 15. (AristcrJi., Vesp., 26t)-263.— Cal- 
ling, Frag., 47, p. 432, ed. Eniesti. — Ajrat., Dios., 976.— Avici*. 
Arat., 393.)— 16. (H. P., ix., 22.)— 17. (Galen, De loc-Aft*** 
vi. — P. -32gin., iv., 69. — Adams, Append., s. v.) 

397 



EMANCIPATIO 



EMBATEIA. 



frequently employed by Hippocrates in many of his 
works, and, among others, in his General Treatise 
on Diseases, was applied by him to those animals 
which are at present known under the denomination 
of intestinal worms, of which he was acquainted 
with but a small number of species. Aristotle has 
employer 1 it in the same manner, as well as iElian, 
every tune that he speaks of the substances which 
are used to rid dogs of the worms to which they 
are subject. The Latin authors, and Pliny among 
the rest, have restricted the word lumbricus to the 
intestinal worms, and have rendered the three Greek 
denominations (onuXvi;, evXai, and eX/iive) by a sin- 
gle one, that of vermes, from which it has happened 
that the moderns have been led into the same con- 
fusion by the word xoorms, which, as well as the 
French word vers, is evidently derived from the 
Latin." 1 

*ELOPS {elo-ty), a species of harmless Serpent 
mentioned by Nicander. Belon says it is called La- 
-qhinte in Lemnos. 2 

*EI/YMUS {eTivjioc), a species of Grain. The el- 
*.u,oc of Hippocrates is, according to Dierbach, the 
Panicum Italicum ; while that of Dioscorides is, ac- 
cording to Sprengel, the Panicum Milliaceum. Panic 
is a plant of the millet kind. 3 

EMANCIPA'TIO was an act by which the patria 
potestas was dissolved in the lifetime of the parent, 
and it was so called because it was in the form of a 
sale {mancipatio). By the laws of the Twelve Ta- 
bles it was necessary that a son should be sold 
mree times in order to be released from the pa- 
ternal power, or to be sui juris. In the case of 
daughters and grandchildren, one sale was suffi- 
cient. The father transferred the son by the form 
of a sale to another person, who manumitted him, 
upon which he returned into the power of the father. 
This was repeated, and with the like result. After 
a third sale, the paternal pow r er was extinguished, 
but the son was resold to the parent, who then man- 
umitted him, and so acquired the rights of a patron 
&?er his emancipated son, which would otherwise 
have belonged to the purchaser who gave him his 
final manumission. 

The following clear and satisfactory view of 
emancipatio is given by a German writer : " The 
patria potestas could not be dissolved immediately 
by manumissio, because the patria potestas must be 
viewed as an imperium, and not as a right of prop- 
erty, like the power of a master over his slave. 
Now it was a fundamental principle that the patria 
potestas was extinguished by exercising once or 
thrice (as the case might be) the right which the 
pater familias possessed of selling, or, rather, pledg- 
ing his child. Conformably to this fundamental 
principle, the release of a child from the patria po- 
testas was clothed with the form of a mancipatio, 
effected once or three times. The patria potestas 
was indeed thus dissolved, though the child was not 
yet free, but came into the condition of a nexus. 
Consequently, a manumissio was necessarily con- 
nected with the mancipatio, in order that the proper 
object of the emancipatio might be attained. This 
manumissio must take place once or thrice, accord- 
ing to circumstances. In the case when the man- 
umissio was not followed by a return into the patria 
potestas, the manumissio was attended with impor- 
tant consequences to the manumissor, which con- 
sequences ought to apply to the emancipating party. 
Accordingly, it was necessary to provide that the 
decisive manumission should be made by the eman- 
cipating party ; and for that reason, a remancipatio, 



1. (Griffith's Cuvier, vol. xiij., p. 39.) — 2. (Adams, Append., 
«. v.)— 3. (Theophrast., H. P.,viii., 10.— Dioscor.,ii., 120.— Ad- 
ams, Append., s v.) 
398 



which preceded the final manumissio, was a pan oi 
the form of emancipatio." 1 

The legal effect of emancipation was to dissolve 
all the rights of agnatic The person emancipated 
became, or was capable of becoming, a pater famil 
ias ; and all the previously existing relations of ag- 
natio between the parent's familia and the emanci 
pated child ceased at once. But a relation analo- 
gous to that of patron and freedman was formed 
between the person who gave the final emancipa- 
tion and the child, so that if the child died without 
children or legal heirs, or if he required a tutor or 
curator, the rights which would have belonged to 
the father if he had not emancipated the child, were 
secured to him as a kind of patronal right, in case 
he had taken the precaution to secure to himself 
the final manumission of the child. Accordingly, 
the father would always stipulate for a remancipa- 
tio from the purchase2 ■ this stipulation was the 
pactum fiduciae. 

The emancipated child could not take any part 
of his parent's property as heres, in case the parent 
died intestate. This rigour of the civil law (juris 
iniquitates*) was modified by the praetor's edict, 
which placed emancipated children, and those who 
were in the parent's power at the time of his death, 
on the same footing as to succeeding to the intes- 
tate parent's property. 

The Emperor Anastasius introduced the practice 
of effecting emancipation by an imperial rescript. 3 
Justinian enacted that emancipation should be ef- 
fected before a magistrate ; and by an edict (ex edic- 
to pratoris), the parent had still the same rights to 
the property {bona) of the emancipated person that 
a patron had to the bona of his freedman. But he 
still allowed, what was probably the old law, a fa- 
ther to emancipate a grandson without emancipa- 
ting the son, and to emancipate the son without 
emancipating the grandson, or to emancipate them 
all. Justinian, also,* did not allow a parent to 
emancipate a child against his will, though it seems 
that this might be done by the old law, and that the 
parent might so destroy all the son's rights of agna- 
tion. 

The Emperor Anastasius allowed an emancipa- 
ted child (under certain restrictions) to succeed to 
the property of an intestate brother or sister, which 
the praetor had not allowed ; and Justinian put an 
emancipated child in all respects on the same foot- 
ing as one not emancipated, with respect to such 
succession. 

An emancipatio effected a capitis diminutio, in 
consequence of the servile character (servilis causu} 
into which the child was brought by such act. 5 

EMANSOR. (Vid. Desertor.) 

EMBAS {kfj,6dc), a shoe worn by men, 6 which is 
frequently mentioned by Aristophanes 7 and other 
Greek writers. This appears to have been the most 
common kind of shoe worn at Athens (wre^ec vtto- 
6nua s ). Pollux 9 says that it was invented by the 
Thracians, and that it was like the low cothurnus. 
The e/u6dc w r as also worn by the Boeotians, 30 and 
probably in other parts of Greece. 11 

EMBATEIA (kfj,6o,Teia). In Attic law this word 
(like the corresponding English one, entry) was used 
to denote a formal taking possession of real prop- 
erty. Thus, when a son entered upon the land left 
him by his father, he was said kjitarevuv, or (3adi£~ 

1. (TJnterholzner, Zeitschrift, ii., 139: "Von den -formen <lei 
Manumissio per Vindictam und der Emancipatio.") — 2. (Gains, 
hi., 25.)— 3. (Cod. viii., tit. 49, t) 6.)— 4. (Nov., 89, c. 11.)— 5 
(Gaius, i., 132, &c— Dig. 1, tit. 7.— Cod. vi., tit. 57, s. 15 ; viii 
tit. 49, s. 6. — Inst., i., tit. 12 ; iii., tit. 5. — Dirksen, Uebersicht, 
Ac, p. 278.)— 6. (Suidas, s. v.)— 7. (Equit., 321, 869, 872.— 
Eccl., 314, 850, &c.)— 8. (Pollux, Onom., vii., 85.— Compare 
Isaeus, De Dicaeog. Hered., 94.)— 9 (1. c.)— 10. (Herod , i, 195 < 
—11. (Becker ChavilrW, ii., p. S72.) 



EMBATEIA. 



EMISSARIUM. 



tiv eig tu Trarptia, and thereupon he became seised, 
or possessed of his inheritance. If any one dis- 
turbed him in the enjoyment of this property, with 
an intention to dispute the title, he might maintain 
an action of ejectment, k^ovlrjc 61ktj. Before entry 
he could not maintain such action. 'E^ov^tj is from 
££!/U«i>, an old word, signifying to eject. The sup- 
posed ejectment, for which the action was brought, 
was a mere foimality. The defendant, after the 
plaintiff's entry, came and turned him off, k^fjyev U 
«7/f yr/c. This proceeding (called e^ayuyr/) took 
place quietly, and in the presence of witnesses ; the 
defendant then became a wrong-doer, and the plain- 
tiff was in a condition to try the right. 

All this was a relict of ancient times, when, be- 
fore writs and pleadings, and other regular process- 
es were invented, parties adopted a ruder method, 
and took the law into their own hands. There was 
then an actual ouster, accompanied often with vio- 
lence and breach of the peace, for which the person 
in the wrong was not only responsible to the party 
injured, but was also punishable as a public offend- 
er. Afterward, in the course of civilization, violent 
remedies became useless, and were discontinued ; 
yet the ceremony of ejecting was still kept up as a 
form of law, being deemed by lawyers a necessary 
foundation of the subsequent legal process. Thus 
at Rome, in the earlier times, one party used to 
summon the other by the words " ex jure te manum 
consertum voco," to go with him to the land in dis- 
pute, and (in the presence of the praetor and others) 
turn him out by force. Afterward this was chan- 
ged into the symbolical act of breaking a clod of 
earth upon the land, by which the person who broke 
intimated that he claimed a right to deal with the 
land as he pleased. We may observe, also, that 
the English action of ejectment in this respect re- 
sembles the Athenian, that, although an entry by 
the plaintiff, and an ouster of him by the defendant 
are supposed to have taken place, and are consider- 
ed necessary to support the action, yet both entry 
and ouster are mere fictions of law. 

These proceedings by entry, ouster, &c., took 
place also at Athens in case of resistance to an ex- 
ecution ; when the defendant, refusing to give up 
the land or the chattel adjudged, or to pay the dam- 
ages awarded to the plaintiff by the appointed time, 
and thus being vwep^fiepoc, i. e., the time having ex- 
pired by which he was bound to satisfy the judg- 
ment, the plaintiff proceeded to satisfy himself by 
seizure of the defendant's lands. This he certainly 
might do, if there were no goods to levy upon ; 
though whether it was lawful in all cases does not 
appear. The Athenian laws had made no provision 
for putting the party who succeeded in possession 
of his rights ; he was, therefore, obliged to levy ex- 
ecution himself, without the aid of a ministerial of- 
ficer, or any other person. If, in doing so, he en- 
countered opposition, he had no other remedy than 
the k^Qv'Knq 6'lkv, which (if the subject-matter was 
land) must have been grounded upon his own pre- 
vious entry. The action could be brought against 
any one who impeded him in his endeavour to get 
possession, as well as against the party to the for- 
mer suit. The cause of Demosthenes against One- 
tor was this : Demosthenes having recovered a 
judgment against Aphobus, proceeded to take his 
lands in execution. Onetor claimed th mi as mort- 
gagee, and turned him out (e^/yev), whereupon De- 
mosthenes, contending that the mortgage was col- 
lusive and fraudulent, brought the eljovJiw <**'«?, 
which is called dUn irpbc 'Ovr/ropa, because the pro- 
ceeding is in rem, and collateral to another object, 
rather than a direct controversy between the parties 
in the cause. The consequence to the defendant, 
if he failed in the action of ejectment, was, that (be- 



sides his liability to the plaintiff) he was, as a pub- 
lic offender, condemned to pay to the treasury a 
sum equal to the damages, or to the value of the 
property recovered in the first action. While this 
remained unpaid (and we may presume it could not 
be paid without also satisfying the party), he became, 
as a state debtor, subject to the disabilities of aTipi&S 

EMBLE'MA (e/j.6Xijfia, £/nraicfj.a), an inlaid orn.i 
ment. The art of inlaying {tj rix^V t/nrcuoTiKi' ) 
was employed in producing beautiful works of two 
descriptions, viz. : 1st, Those which resembled our 
marquetry, ooule, and Florentine mosaics , and, 2,lly, 
those in which crusts (crustcc), exquisitely wrought 
in bas-relief, and of precious materials, were fasten- 
ed upon the surface of vessels or other pieces of fur- 
niture. 

To productions of the former class we may refer 
all attempts to adorn the walls and floors of houses 
with the figures of flowers and animals, or with any 
other devices expressed upon a common ground by 
the insertion of variously-coloured woods or mar- 
bles, all of which were polished so as to be brought 
to a plain surface. To such mosaics Lucilius al- 
ludes 3 when he compares the well-connected words 
of a skilful orator to the small pieces (tesserulce) 
which compose the " emblema vcrmiculalum" of an 
ornamental pavement. In the time of Pliny, these 
decorations for the walls of apartments had become 
very fashionable. 4 Seneca makes mention of sil- 
ver inlaid with gold among the luxuries of his day. 6 
{Vid. Chrysendeta.) 

To the latter class of productions belonged the 
cups and plates which Verres obtained by violence 
from the Sicilians, and from which he removed thy 
emblems for the purpose of having tnem set in gold 
instead of silver. 6 These must have been riveted 
with nails, or in some other way. They were reck- 
oned exceedingly valuable as works of first-rate art-. 
ists, and some of them were, moreover, esteemed 
sacred, being the figures of the penates and house- 
hold gods of the proprietors. Athenaeus, in descri- 
bing two Corinthian vases, 7 distinguishes between 
the emblems in bas-relief (Trpoarvrra) which adorned 
the body and neck of each vessel, and the figures in 
high relief (TreptQav/) reropvevfieva £tia) which were 
placed upon its brim. An artist, whose business it 
was to make works ornamented with emblems, was 
called " crustarius." 8 

EME'RITI was the name given to those Roman 
soldiers who had served out their time, and had ex- 
emption (vacatio) from military service. The usual 
time of service was twenty years for the legionary 
soldiers, and sixteen for the praetorians. 9 At the 
end of their period of service they received a boun- 
ty or reward, either in lands or money, or in both. 
Dion Cassius 10 states that it was arranged by Au- 
gustus that a praetorian should receive 5000 drach- 
mae (20,000 sesterces), and a legionary 3000 (12,000 
sesterces). Caligula reduced the bounty of the lat- 
ter to 6000 sesterces." 11 We find this bounty called 
justce militia commoda, 17 commoda missionum, 13 and 
also cmeritum. 1 * 

EME'RITUM. {Vid. Emeriti.) 

EMISSA'RIUM, an artificial channel formed to 
carry off any stagnant body of water (undc aqua 
emiltitur), like the sluices in modern use. 15 

Some works of this kind are among the most re- 
markable efforts of Roman ingenuity. Remains 
still exist to show that the lakes Trasimene, Albano, 

1. (Meier, Att. Proc, p. 372. 460, 748.)— 2. (Athens™, ri.- 
76, p. 488.)— 3. (ap. Cic, De Orat., iii., 43.)— 4. (II. N., xxxr. 
1.)— 5. (Epist., 5.)— 6. (Cic, II. Verr., it., 17. 22-24.)— 7. (▼., 
30, p. 199.)— 8. (Plin., H. N., xxxiii., 12.)— 9. (Dion Cass., W 
23.— Tacit., Ann., i., 78.)-10. (1. c.)— 11. (Suet., Cal., 44.)- 
12. (Suet., Vitell., 15.)— 13. (Suet., Cal., 44.)— 14. (Di?. 49, tit 
16, s. 3, 6 8, 12 ; s. 5, t) 7.— Vid. Lipsius, Excursus ad Tant. 
Ann., i., 17 )— 15. (Plin., H. N., xxxiii., 21.— Cic. ad Fam., x*i.. 
18.) 

39Q 



EMISSARIUM. 



EMPHYTEUSIS. 



Nemi, and Fucino were all drained by means of 
emissaria, the last of which is still nearly perfect, 
and open to inspection, having been partially clear- 
ed by the present King of Naples. Julius Caesar is 
said to have first conceived the idea of this stupen- 
dous undertaking, 1 which was carried into effect by 
the Emperor Claudius. 3 

The following account of the works, from obser- 
vations on the spot, will give some idea of their ex- 
tent and difficulties. The circumference of the lake, 
including the bays and promontories, is about thirty 
miles in extent. The length of the emissary, which 
lies nearly in a direct line from the lake to the Riv- 
er Liris (Garigliano), is something more than three 
miles. The number of workmen employed was 
30,000, and the time occupied in the work eleven 
years. 3 For more than a mile the tunnel is carried 
under a mountain, of which the highest part is 1000 
feet above the level of the lake, and through a stra- 
tum of rocky formation (carnelian) so hard that ev- 
ery inch required to be worked by the chisel. The 
remaining portion runs through a softer soil, not 
much below the level of the earth, and is vaulted in 
brick. Perpendicular openings (putei) are sunk at 
various distances into the tunnel, through which 
the excavations were partly discharged ; and a num- 
ber of lateral shafts (cuniculi), some of which sep^- 
arate themselves into two branches, one above the 
other, are likewise directed into it, the lowest at an 
elevation of five feet from the bottom. Through 
these the materials excavated were also carried 
out. Their object was to enable the prodigious 
multitude of 30,000 men to carry on their opera- 
tions at the same time without incommoding one 
anocher. The immediate mouth of the tunnel is 
soroo distance from the present margin of the lake, 
which space is occupied by two ample reservoirs, 
intended to break the rush of water before it enter- 
ed the emissary, connected by a narrow passage, in 
which were placed the sluices (epistomium). The 
:oiouth of the tunnel itself consists of a splendid 
archway of the Doric order, nineteen feet high and 
nine wide, formed out of large blocks of stone, re- 
sembling in construction the works of the Claudian 
aquaeduct. That through which the waters dis- 




>. (Suet., Jul., 44.)— 2. (Tacit.. Ann., xii., 57.)— 3. (Suet., 
'"'mid , 20.— Compare Plin., H. N., xxxvi., 24, t> 11.) 
400 



charged themselves into the Liris was more sixnpk 
and is represented in the preceding woodcut. Th« 
river lies in a ravine between the arch and fore- 
ground, at a depth of 60 feet below, and, conse- 
quently, cannot be seen in the cut. The small 
aperture above the embouchure is one of the cuni- 
culi above mentioned. 

It appears that the actual drainage was relin- 
quished soon after the death of Claudius, eith.j: 
from the perversity of Nero, as the words of Plin/ 1 
seem to imply, or by neglect ; for it was reopened 
by Hadrian. 8 

EMMHNOI AIKAI (e/ifMjvoi Sinai) were suit* 
which were not allowed to be pending above ® 
month. This regulation was not introduced till af- 
ter the date of Xenophon's treatise on the revenue, 
in which it was proposed that a more rapid prog- 
ress should be allowed to commercial suits, 3 and it 
appears to have been first established in the time 
of Philip.* It was confined to those subjects which 
required a speedy decision ; and of these the most 
important were disputes respecting commerce (e/* • 
■Kopinai Sinai 5 ), which were heard during the sis 
winter months from Boedromion to Munychion, so 
that the merchants might quickly obtain their rights 
and sail away ; 6 by which we are not to understand, 
as some have done, that a suit could be protracted 
through this whole time, but it was necessary that 
it should be decided within a month. 7 

All causes relating to mines (iiETaXkinai Sinai) 
were also eu/livvoi Sinai ; 8 the object, as Bockh re- 
marks, 9 being, no doubt, that the mine proprietoi 
might not be detained too long from his business. 
The same was the case with causes relating to ipa- 
voi 10 (vid. Eranoi) ; and Pollux 11 includes in the 
list suits respecting dowry, which are omitted by 
Harpocration and Suidas. 

*EMP'ETRUM (e/uneTpov), a plant, about which 
botanical writers are still undecided. Stephens and 
Hardouin call it Percc-pierrc ; but if by it they mean 
the Alchemilla arvensis of Hooker, which is often 
called Perce-pierre, or Parsley-breakstone, its char- 
acters, according to Adams, are by no means suita- 
ble to the e/LLTTErpov of Dioscorides. The conjecture 
of Caesalpinus, which Sprengel adopts, namely, that 
it was a species of Salsola, is, according to the same 
writer, much more probable. Fee, however, de- 
clares against this opinion without giving any one 
in its place. Pliny says of it, " Empetros, quam 
nostri calcifragam vocant," &e., identifying it with 
the Calcifraga. 1 ? 

EMPHROU'ROI (t/x^povpoi), from Qpovpd, was 
the name given to the Spartan citizens during the 
period in which they were liable to military service. 13 
This period lasted to the fortieth year from man- 
hood (af f/6nc), that is to^say, to the sixtieth year 
from birth ; and during this time a man could not 
go out of the country without permission from the 
authorities. 1 * 

EMPHYTEUSIS (e^vtevgi^, literally, an "in- 
planting") is a perpetual right in a piece of land 
that is the property of another : the right consists 
in the legal power to cultivate it, and treat it as our 
own, on condition of cultivating it properly, and 
paying a fixed sum {canon, pensio, reditus) to the 
owner (dominus) at fixed times. The right is found- 
ed on contract between the owner and the lessee 

1 (H. N., xxxvi., 24, $ 11.)— 2. (Spart., Hadr., 22.)-3. 'Xen., 
De Vec.t., 3.)— 4. (Or. de Halonn., p. 79, 23.) — 5 (Pollux, 
Onom., viii., 63, 101. — Harpocrat. and Suid., 8. v. "Efii/rjvot At' 
Ka(> )_6. (Demosth., c. Apat., p. 900, 3.) — 7. (Bockh, Publ. 
Econ. of Athens, i., p. 70.)— 8. (Demosth., c. Panrsen., 966, 17.) 

9. (" On the Silver Mines of Laurion," Publ. Econ. of Athens, 

ii p. 481.) — 10. (Pollux, Onom., viii., 101. — Earpocrat. and 
Suid., I.e.)— 11. (1. c.)— 12. (Dioscor., iv., 178.— Plin., H. N., 
xxvii., 9.— Adams, Append., s. v.)— 13. (Xen., Rep. Lac, v., 7.) 
— 14. (Isocr., Busir., p. 225, where //d^t/uos, according to Mull* 
Dor., iii., 12, $ 1, is evidently put for e/xippovpos.) 



EMPIRICI. 



EMPIRIC!. 



emphyteuta. and the land is called ager vectigalis 
or emphyteutiearius. It was long doubted whether 
this was a contract of buying and selling, or of let- 
ting and hiring, till the Emperor Zeno gave it a 
definite character, and the distinctive name of con- 
tractus emphyteutiearius. 

The Ager Vectigalis is first distinctly mentioned 
about the time of Hadrian, and the term is applied 
to lands which were leased by the Roman state, by 
towns, by ecclesiastical corporations, and by the 
vestal virgins. In the Digest mention only is made 
of lands of towns so let, with a distinction of them 
into agri vectigales and non vectigales, according as 
the lease was perpetual or not ; but in either case 
the lessee had a real action (utilis in rem actio) for 
tte protection of his rights, even against the owner. 

The term Emphyteusis first occurs in the Digest. 
The Preedia Emphyteutica are also frequently men- 
tioned in the Theodosian and Justinian Codes, but 
they are distinguished from the agri vectigales. 
Justinian, however, put the emphyteusis and the 
ager vectigalis on the same footing ; and in the case 
of an emphyteusis (whether the lessor was a com- 
munity or an individual), the law was declared to be 
the same as in the case of leases of town property. 
This emphyteusis was not ownership : it was a jus 
in re only, and the lessee is constantly distinguished 
from the owner (dominus). Yet the occupier of the 
ager vectigalis and the emphyteuta had a juristical 
possessio ; a kind of inconsistency, which is ex- 
plained by Savigny, by showing that the ager vecti- 
galis was formed on the analogy of the ager publi- 
cus, and though there were many differences be- 
tween them, there was nothing inconsistent in the 
notion of possession, as applied to the public land, 
being transferred to the ager vectigalis as a modified 
form of the ager publicus. 

Though the emphyteuta had not the ownership 
af the land, he had an almost unlimited right to the 
ei.joyment of it, unless there were special agree- 
ments limiting his right. He could sell his interest 
in the land after giving notice to the owner, who 
had the power of choosing whether he would buy 
the land at the price which the purchaser was will- 
ing to give. But the lessee could not sell his inter- 
est to a person who was unable to maintain the 
property in good condition. The lessee was bound 
to pay all the public charges and burdens which 
might fall on the land, to improve the property, or, 
at least, not to deteriorate it, and to pay the rent 
regularly. In case of the lessee's interest being 
transferred to another, a fiftieth part of the price, or 
of the value of the property, when the nature of the 
transfer did not require a price to be fixed, was pay- 
able to the owner on the admission of the emphy- 
teuta, and which, as a general rule, was payable by 
him. The heredes of the emphyteuta were not lia- 
ble to such payment. 

The origin of the Emphyteusis, as already stated, 
was by contract with the owner and by tradition ; 
or the owner might make an emphyteusis by his 
last will. It might also, perhaps, in certain cases, 
be founded on prescription. 

The right of the emphyteuta might cease in sev- 
eral ways : by surrender to the dominus, or by dy- 
ing without heirs, in which case the emphyteusis 
reverted to the owner. He might also lose his right 
by injuring the property, by non-payment of his rent 
or tfie public burdens to which the land was liable, 
by alienation without notice to the dominus, &c. 
In huch cases the dominus could take legal measures 
for recovering the possession. 1 

EMPI'RICl ('EfnreipiKoi), an ancient medical sect, 

I. (Dig. 6, tit. 3. — Cod. 4, tit. 66. — Miihlenbruch, Doetrina 
Pandectarum.— Saviciiv, Das Recht dea Be.vtzes, j). 99. <fcc, p. 
»*n — Mar.keldey. Lehrbuch, «kc.) 
E F. R 



so called from the word e/nreipia because Ihey prv 
feased to derive their knowledge from experienti 
only, and in this particular set themselves in opp&. 
sition to the Dogmatici. (Vid. Dogmatici.) Sera- 
pion of Alexandrea, and Philinus of Cos, are regard- 
ed as the founders of this school, in the third cen- 
tury B.C. The arguments by which the Dogmatici 
supported their opinions, as summed up by Celsus, 1 
are given under that head ; those of the Empiric! 
are thus stated by the same author: " On the other 
hand, those who, from experience, styled themselves 
Empirici, admit, indeed, the evident causes as ne- 
cessary, but affirm the inquiry after the occult 
causes and natural actions to be fruitless, because 
Nature is incomprehensible. And that these things 
cannot be comprehended, appears from the contro- 
versies among those who have treated concerning 
them, there being no agreement found here, either 
among the philosophers or physicians themselves ; 
for why should one believe Hippocrates rather than 
Herophilus'? or why him rather than Asclepiades 1 
That if a man inclines to determine his judgment 
by reasons assigned, the reasons of each of them 
seem not improbable ; if by cures, all of them have 
restored the diseased to health ; and, therefore, we 
should not djeny credit either to the arguments or 
to the authority of any of them. That even the 
philosophers must be allowed to be the greatest 
physicians, if reasoning could make them so ; where- 
as it appears that they have abundance of words, and 
very little skill in the art of healing. They say, also, 
that the methods of practice differ according to the 
nature of places ; thus one method is necessary at 
Rome, another in Egypt, and another in Gaul. That 
if the causes of distempers were the same in all pla- 
ces, the same remedies ought to be used every- 
where. That often, too, the causes are evident, 
as, for instance, in a lippitude (or ophthalmia) or a 
wound ; and, nevertheless, the method of cure does 
not appear from them : that if the evident cause 
does not suggest this knowledge, much less can the 
other, which is itself obscure. Seeing, then, this 
last is uncertain and incomprehensible, it is much 
better to seek relief from things certain and tried ; 
that is, from such remedies as experience in the 
method of curing has taught us, as is done in all 
other arts ; for that neither a husbandman nor a pi- 
lot is qualified for his business by reasoning, but 
by practice. And t^.at these disquisitions have no 
connexion with medicine, may be inferred from this 
i plain fact, that physicians, whose opinions in these 
matters have been directly opposite to one another, 
have, notwithstanding, equally restored their pa- 
tients to health; that their success was to be as- 
cribed to their having derived their methods of cure, 
not from the occult causes or the natural actions, 
about which they were divided, but from experi- 
ments, according as they had succeeded in the course 
of their practice. That medicine, even in its infan- 
cy, was not deduced from these inquiries, but from 
experiments : for of the sick who had no physicians, 
some, from a keen appetite, had immediately taken 
food in the first days of their illness, while others, 
feeling a nausea, had abstained from it, and that the 
disorder of those who had abstained was more alle- 
viated ; also some, in the paroxysm of a fever, had 
taken food, others a little before it came on, and 
others after its remission ; and that it succeeded 
best with those who had done it after the removal 
of the fever : in the same manner, some used a full 
diet in the beginning of a disease, others were ab- 
stemious ; and that those grew worse who had eaten 
plentifully. These and the like instances daily oc- 
curring, that diligent men observed attentively what 



1. <De Med., Praef.) 



401 



EMP1RICI. 



EMPIRIC!. 



method generally answered best, and afterward be- 
gan to prescribe the same to the sick. That this was 
the rise of the art of medicine, which, by the frequent 
recovery of some and the death of others, distin- 
guishes what is pernicious from what is salutary ; 
and that, when the remedies were found, men began 
to discourse about the reasons of them. That med- 
icine was not invented in consequence of their rea- 
soning, but that theory was sought for after the dis- 
covery of medicine. They ask, too, whether reason 
prescribes the same as experience, or something 
different : if the same, they infer it to be needless ; 
tf different, mischievous. That at first, however, 
there was a necessity for examining remedies with 
the greatest accuracy, but now they are sufficiently 
ascertained ; and that we neither meet with any 
new kind of disease, nor want any new method of 
cure. That if some unknown distemper should oc- 
cur, the physician would not therefore be obliged to 
have recourse to the occult things, but he would 
presently see to what distemper it is most nearly 
allied, and make trial of remedies like to those which 
have often been successful in a similar malady, and 
by the resemblance between them would find some 
proper cure. For they do not affirm that judgment 
is not necessary to a physician, and that an irra- 
tional animal is capable of practising this art, but 
tli at those conjectures which relate to the occult 
things are of no use, because it is no matter what 
causes, but what removes a distemper ; nor is it of 
any importance in what manner the distribution is 
performed, but what is easiest distributed : whether 
concoction fails from this cause or that, or whether 
it be properly a concoction, or only a distribution ; 
nor are we to inquire how we breathe, but what re- 
lieves a difficult and slow breathing ; nor what is 
the cause of motion in the arteries, but what each 
kind of motion indicates. That these things are 
known by experience ; that in all disputes of this 
kind a good deal may be said on both sides, and, 
therefore, genius and eloquence obtain the victory in 
the dispute ; but diseases are cured, not by eloquence, 
but by remedies ; so that if a person without any 
eloquence be well acquainted with those remedies 
that have been discovered by practice, he will be a 
much greater physician than one who has cultivated 
his talent in speaking without experience. That 
these things, however, which have been mentioned 
are only idle ; but what remains is also cruel, to cut 
open the abdomen and praecordia of living men, and 
make that aft, which presides over the health of 
mankind, the instrument, not only of inflicting death, 
but of doing it in the most horrid manner ; especial- 
ly if it be considered that some of those things 
whieh are sought after with so much barbarity can- 
not be known at all, and others maybe known with- 
out any cruelty ; for that the colour, smoothness, 
softness, hardness, and such like, are not the same 
in a wounded body as they were in a sound one ; 
and, farther, because these qualities, even in bodies 
that have suffered no external violence, are often 
changed by fear, grief, hunger, indigestion, fatigue, 
and a thousand other inconsiderable disorders, 
whieh makes it much more probable that the inter- 
' nal parts, which are far more tender, and never ex- 
posed to the light itself, are changed by the severest 
wounds and mangling. And that nothing can be 
more ridiculous than to imagine anything to be the 
same in a dying man, nay, one already dead, as it is 
in a living person ; for that the abdomen, indeed, 
may be opened while a man breathes, but as soon 
as the knife has reached the praecordia, and the 
transverse septum is cut, which, by a kind of mem- 
brane, divides the upper from the lower parts (and 
by the Greeks is called the diaphragm — diucppay/na), 
the man immediately expires, and thus the prae- 
402 



cordia and all the viscera never come to the vieif 
of the butchering physician till the man is dead ; 
and they must necessarily appear as those of a dead 
person, and not as they were while he lived.; and 
thus the physician gains only the opportunity of mur- 
dering a man cruelly, and not of observing what are 
the appearances of the viscera in a living person. If, 
however, there can be anything which can be Ou- 
served in a person that yet breathes, chance often 
throws it in the way of such as practise the healing 
art ; for that sometimes a gladiator on the stage, a 
soldier in the field, or a traveller beset by robbers, 
is so wounded that some internal part, different ie 
different people, may be exposed to view ; and thus 
a prudent physician finds their situation, position, 
order, figure, and the other particulars he wants to 
know, not by perpetrating murder, but by attempting 
to give health ; and learns by compassion that which 
others had discovered by horrid cruelty. That for 
these reasons it is not necessary to lacerate even dead 
bodies ; which, though not cruel, yet may be shock- 
ing to the sight, since most things are different in 
dead bodies ; and even the dressing of wounds shows 
all that can be discovered in the living." 1 

Such were the arguments by which they support- 
ed their opinions in favour of experience, of which 
they reckoned three sorts, viz. : Observation {Trjpn- 
oig) or Autopsy (avrotjjta), History (Icropia), and 
Analogy, or the substitution of a similar thing •(?/ tov 
ojioiov /xErddacnc), which they called " the Tripod of 
Medicine" (ttjv rpinoda 7% larpiK^g^). They gave the 
name of Observation or Autopsy to that which had 
been noticed by each individual for himself while 
watching what took place in the course of an illness, 
and was the result of his own remarks on the signs 
and causes of the disease, and also on the result of 
different modes of treatment. What they called 
History was a collection of observations made by 
others, and afterward put in writing. Analogy, or 
the substitution of one thing for another, was what 
they had recourse to when they had to treat a new 
malady, and could not profit either by their own ex- 
perience or that of others. In these and similar 
cases they selected their plan of treatment, by com- 
paring the unknown disease with that which most 
resembled it. Their opinions may be found at great- 
er length in Le Clerc's or Sprengel's History of Med- 
icine. The latter remarks that "their principles 
exhibit the most evident proofs of their great saga- 
city and sound judgment, and that they were more 
animated by the true genius of medicine than the 
greater part of their predecessors, who had given 
themselves up to vague theories." However, their 
rejection of Anatomy, Physiology, and Pathology as 
useless studies, would, of course (at least in the 
opinion of modern physicians), prevent their ever 
attaining any higher rank than that of clever exper- 
imentalists, though it must not be denied that ma 
teria medica is indebted to them for the discovery ci 
the properties of many valuable drugs. 

Besides Philinus, the names of the following 
physicians of this sect have been preserved : Sera- 
pion, who is said by Celsus 3 to have been theii 
founder, Apollonius,* Glaucias, 6 Heraclides of Ta- 
rentum, 6 Bacchius of Tanagra, Zeuxis, 7 Menodotus 
of Nicomedia, 8 Theodas or Theudas of Laodicea,* 
Sextus, 10 Dionysius, 11 Crito, 12 Herodotus of Tarsus, 
Saturninus, 13 Callicles, Diodorus, Lycus, 1 * ^Eschri- 
on, 15 Philippus, Marcellus, and Plinius Valerianus. 



1. (Futvove's translation.) — 2. (Galen, De Subfigur. Empir., 
cap. 13, p. 68.)— 3 (De Medic, in Praefat.)— 4. (Ibid.)— 5. (Ibid } 
—6. (Ibid.) — 7. (Galen, Comment, in Aphor. Hippocr., torn 
xviii., p. 187, ed Kiihn.) — 8. (Diog. Laert., ix., 12, sect. 7, ( 
116.) — 9. (Ibid.)— 10. (Ibid.)— 11. (Galen, De Mtedicam., Bee. 
locos, v., 7.) — 12. (Id., De Subfigur. Empir.) — 13. (Diog. Lt 
ert., 1. c.)— 14. (Galen, De Meth. Med., ii., 7, p. 142/— 15. (W 
De Simpl. Medicam. Facult., xi., 24, p. 356.) 



EMTIO ET ifENDITIO 



ENDEIXIS. 



With respect to Bacch : is, however, it should he 
mentioned, that Kiihn 1 considers the passage in 
Galen, which seems to class him among the Empir- 
ici, to be corrupt. None of these have left any 
works behind them except Sextus, Marcellus, and 
Plinius Valerianus, a few of whose writings are 
still extant. The sect existed a long time, as Mar- 
cellus lived in the fourth century A.D. ; it appears 
also to have maintained its reputation as long as its 
members remained true to their original principles ; 
and it was only when they began to substitute ig- 
norant and indiscriminate experiments for rational 
and philosophical observation that the word Empiric 
sank into a term of reproach. A parallel has been 
drawn between the worst part of the system of the 
ancient Empirici and the modern Homoeopathists 
by Franc. Ferd. Brisken, in an inaugural dissertation 
entitled " Philinus et Hahnemannus, seu Veteris 
Sects Empiricae cum Hodierna Secta Homceopa- 
thica Comparatio," 8vo, Berol, 1834, p. 36. 

*EMPIS (tfiirig), a species of insect, often con- 
founded with the Kuvoip, or Gnat. Schneider thinks 
the term is more properly applicable to certain spe- 
cies of Tipula. " The Tipula culiciformis" observes 
Adams, " is very like the gnat ; it would, then, ap- 
pear to correspond to the kfiirig of the Greeks." 8 

EMPORICAI DICAI (epnopiKal dUai). (Vid. 
Emporium.) 

EMPO'RIUM (to efiiTopiov), a place for wholesale 
trade in commodities carried by sea. The name is 
sometimes applied to a seaport town, but it prop- 
erly signifies only a particular place in such a town. 
Thus Amphitryo says that he had looked for a per- 
son, 

" Apud emporium, atque in macello, in palcestra atque 
in foro, 
In medicinis, in tonstrinis, apud omnis cedis sa- 



cras 



"3 



The word is derived from e/niropog, which signifies 
in Homer a person who sails as a passenger in a 
ihip belonging to another person ;* but in later 
writers it signifies the merchant or wholesale deal- 
er, and differs from Ka-K-rfkoq, the retail dealer, in 
that it is applied to the merchant who carries on 
commerce with foreign countries, while the Ka^ri- 
7.oc purchases his goods from the Efnropog, and retails 
them in the market-place (rj ov naTrfjhove /caXovfiev 
rove Ttpbc uvtjv re nal npuciv dcaKovovvrac, idpvpe- 
vovc bv ayopg., rovg 6e irTiav^rag bid rag iroXeig ep.7r6- 
povc i ). 

At Athens, it is said 6 that there were two kinds 
of emporia, one for foreigners and the other for 
natives (S-evlkov and uotmov), but this appears 
doubtful. 7 The emporium at Athens was under 
the inspection of certain officers, who were elected 
annually (eirif£e?.nral rov e/nropiov). (Vid. Epime- 
let^e.) 

EMTI ET VENDITI ACTIO. The seller has 
an actio venditi, and the buyer has an actio emti, 
upon the contract of sale and purchase. Both of 
them are actiones directs, and their object is to 
obtain the fulfilment of the obligations resulting 
from the contract. 

E'MTIO ET VENDFTIO. The contract of buy- 
ing and selling consists in the buyer agreeing to 
g've a certain sum of money to the seller, and the 
seller agreeing to give to the buyer some certain 
thing for his money. After the agreement is made, 
the buyer is bound to pay his money, even if the 
thing which is the object of purchase should be ac- 



1. (Add'.wrn. ad Elench. Medicor. Veter. a Jo. A. Fabricio, in 
yiol. Gra , xiii., Exhibitum,*4to, Lips., 1826.)-2. (Aristot., H. 
A., v., 17.— Adams, Append., s. v.) — 3. (Plaut., Amph., IV., i., 
4.— Compare Uv , xxxv., 10 j xli., 27.)— 4. (Od., ii., 319 ; xxiv., 
o00.)-5. (Plato, De Rep., ii., 12, p. 371.)— «. (Lex. Seg., p. 
W8.)— 7. (Bockh, Publ. Econ. of Athens, ii., p. 24.) 



cidentally destroyed before it is delivered ; and the 
seller must deliver the thing with all its intermedi- 
ate increase. The seller mi st also warrant a, good 
title to the purchase (vid. Evictio), and he must 
also warrant that the thing has no concealed de- 
fects, and that it has all the good qualities which 
he (the seller) attributes to it. It was with a view 
to check frauds in sales, and especially in the salea 
of slaves, that the seller was obliged, by the edict 
of the curule cediles (vid. Edtctum), to inform the 
buyer of the defects of any slave offered for sale : 
" Qui mancipia vendunt, certiores faciant emtores 
quod morbi vitiique" &C. 1 In reference to this 
part of the law, in addition to the usual action ari- 
sing from the contract, the buyer had against the 
seller, according to the circumstances, an actio ex 
stipulate, redhibitoria, and quanti minoris. Horace, 
in his Satires, 2 and in the beginning of the second 
epistle of the second book, alludes to the precau- 
tions to be taken by the buyer and seller of a slave 
ENCAUSTIC A. (Vid. Pictura.) 
ENCLE'MA (eyta V fia). (Vid. Dice, p. 358.) 
ENCTE'MA (eynrrifia). ( Vid. Enctesis.) 
ENCTE'SIS (eyKTnoig) was the right of possess- 
ing landed property and houses (ey/cr^atc yrjc nal 
oUlac) in a foreign country, which was frequently 
granted by one Greek state to another, or to separ- 
ate individuals of another state. 3 'EynTrj/iara were 
such possessions in a foreign country, and are op- 
posed by Demosthenes* to KTrjjuara, possessions in 
one's own country. 5 The term kyurfifj-ara was also 
applied to the landed property or houses which an 
Athenian possessed in a different dijfiog from that 
to which he belonged by birth, and, with respect to 
such propert) r , he was called kyKEKTrjp,£voc : whence 
we find Demosthenes 6 speaking of ol drjuoraL nal ol 
kynEK.Tnp.EvoL. For the right of holding property in 
a 6?fpoc to which he did not belong, he had to pay 
such dfjpog a tax, which is mentioned in inscriptions 
under the name of ky/trnTLKov. 7 

ENCTE'TIKON (kyKrrjriKov). ( Vid. Enctesis.) 
ENDEIXIS (evdeit-ic) properly denotes a prose- 
cution instituted against such persons as were al- 
leged to have exercised rights or held offices while 
labouring under a peculiar disqualification. Among 
these are to be reckoned state debtors, who, during 
their liability, sat in court as dicasts, or took any 
other part in public life ; exiles, who had returned 
clandestinely to Athens ; those that visited holy 
places after a conviction for impiety (acrEdeca) ; and 
all such as, having incurred a partial disfranchise- 
ment (aripia Kara Trpoora^cv), presumed to exercise 
their forbidden functions as before their condemna- 
tion. Besides these, however, the same form of 
action was available against the chairman of the 
proedri (kTZLcrurng), who wrongly refused to take the 
votes of the people in the assembly ; 8 against mal- 
efactors, especially murderers (which Schomann 
thinks was probably the course pursued when the 
time for an apogoge had been suffered to elapse), 
traitors, ambassadors accused of malversation, 9 
and persons who furnished supplies to the enemy 
during war. 10 The first step taken by the prosecu- 
tor was to lay his information in writing, also called 
hdeit;ie, before the proper magistrate, who might b« 
the archon or king archon, or one of the thesmothe- 
tas, according to the subject-matter of the informa- 
tion ; but in the case of a malefactor (nanovpyog) 
being the accused person, the Eleven were tha 
officers applied to. (Vid. Eleven, The.) It then 
became the duty of the magistrate to arrest or hold 

1. (Dig. 21, tit. 1.)— 2. (ii., 3, 286.)— 3. (Demosth., De Cor., 
p. 265, 7.— Bockh, Corp. Inscript., i., p. 725.)— 4. (De Haloim, 
p. 87, 7.)— 5. (Valcken. ad Herod., v., 23.)— 6. (c. Polycl., p 
1208, 27.)— 7. (Bockh, Publ. Econ. of Athens, ii., p. 3.) —8 
(Plato, Apol., p. 32, a.)— 9. (Isocrat., c. Callirn., 11.)— 10. (Aria- 
toph., Equit., 278.— Andoc, De Reditu., 82.) 

403 



ENGYE. 



ENOIKIOU DIKE. 



lo oail the person criminated, and take the usual 
steps for bringing him to trial. There is great ob- 
scurity as to the result of condemnation in a prose- 
cution of this kind. Heraldus 1 ridicules the idea 
that it was invariably a capital punishment. The 
accuser, if unsuccessful, was responsible for bringing 
a malicious charge (ifjsvdove hdeigeuc vizevdvvoc?). 

E'NDROMIS (kvdpo/xig), a thick, coarse blanket, 
manufactured in Gaul, and called " endromis" be- 
cause these who had been exercising in the stadium 
(kv fipdfud) threw it over them to obviate the effects 
of sudden exposure when they were heated. Not- 
withstanding its coarse and shaggy appearance, it 
was worn on other occasions as a protection from 
the cold by rich and fashionable persons at Rome. 3 
Ladies also put on an endromis of a finer descrip- 
tion (endromidas Tyrias*) when they partook, as 
they sometimes did, of the exercises of the palaes- 
tra. Moreover, boots (vid. Cothurnus) were called 
evdpofiidec on account of the use of them in running. 6 

EN'DYMA (ivdv/ia). ( Vid. Amictus. ) 

ENECH'YRA (hvexvpa). In private suits at 
Athens, whether tried by a court of law or before 
an arbitrator, whenever judgment was given against 
a defendant, a certain period was at the same time 
fixed (v Trpodsa/xca), before the expiration of which 
It was incumbent upon him to comply with the 
verdict. In default of doing so he became v-Keprj- 
fiepoc, or over the day, as it was called, and the 
plaintiff was privileged to seize upon (uipaadat) his 
goods and chattels as a security or compensation 
for non-compliance. 6 The property thus taken was 
called kvexvpa, and slaves were generally seized 
before anything else. 7 This " taking in execution" 
was usually left to the party who gained the suit, 
and who, if he met with resistance in making a 
seizure, had his remedy in a Slktj ktjovlvc- ; if with 
personal violence, in a 61ktj aUiag. 6 On one occa- 
sion, indeed, we read of a public officer (vtttjpetiis 
napa T7j^apxfjc) being taken to assist in, or, perhaps, 
to be a witness of a seizure ; but this was in a case 
where public interests were concerned, and conse- 
quent upon a decision of the (3ov?i7J. 9 The same 
oration gives an amusing account of what English- 
men would consider a case of " assault and tres- 
pass," committed by some plaintiffs in a defendant's 
house, though the amount of damages which had 
been given (rj KaraSUn) was, according to agree- 
ment, lying at the bank (enl ttj rpaiTE^y), and there 
awaiting their receipt. 

It seems probable, though we are not aware of its 
being expressly so stated, that goods thus seized 
were publicly sold, and that the party from whom 
they were taken could sue his opponent, perhaps by 
a diKij j3?iu6tjc, for any surplus which might remain 
after all legal demands were satisfied. No seizure 
of this sort could take place during several of the 
religious festivals of the Athenians, such as the 
Dionysia, the Lenaea, &c. They were, in fact, dies 
non in Athenian law. 10 

ENG'YE (eyyv?/), bail or sureties, were in very 
frequent requisition, both in the private and public 
affairs of the Athenians. Private agreements, as, 
for instance, to abide by the decision of arbitrators, 11 
or that the evidence resulting from the application 
of torture to a slave should be conclusive, 19 were 
corroborated by the parties reciprocally giving each 

1. (Animadv. m Salm., IV., «., 10.)— 2. (Herald., IV., ix., 13. 
—Vid. Schomann, De Com., 175.— Att. Proc, 239.)— 3. (Juv., 
in., 103.— Mart., iv., 19; xiv., 126.)— 4. (Juv., vi., 246.)— 5. 
(Callim., Hymn, in Dian., 16. — In Delum, 238. — Pollux, Onom., 
iii., 155 ; vii., 93. — Brunck, Anal., iii., 206.)— 6. (Demosth., c. 
Meid., 540, 21.— Ulp., ad toe— Vid. Aristoph., Nubes, 35.)— 7. 
(Athen., xiii., 612, c.)— 8. (Demosth., c. Euerg., 1153.)— 9. (Id., 
c. Euerg., 1149.)— IX (Demosth., c. Meid., 518.— Hudfvalcker, 
Diaet., p. 132.)— 11. (Demosth., c. Apatur., 892-899.)— 12. (De- 
mosth., c. Pantam., 978, 11 > 
401 



other sureties ; and the same took place generally 
in all money-lending or mercantile transactions, 
and was invariably necessary when persons under- 
took to farm tolls, taxes, or other public property. 

In judicial matters, bail or sureties were provided 
upon two occasions : first, when it was requisite 
that it should be guarantied that the accused should 
be forthcoming at the trial; and, secondly, when 
security was demanded for the satisfaction of the 
award of the court. In the first case, bail was very 
generally required when the accused was other 
than an Athenian citizen, whether the action were 
public or private ; but if of that privileged class, 
upon no other occasion except when proceeded 
against by way of Apagoge, Endeixis, Ephegesis, oi 
Eisangelia. Upon the last-mentioned form being 
adopted in a case of high treason, bail was not ac- 
cepted. The technical word for requiring bail of 
an accused person is icareyyvdv, that for becoming 
surety in such case, k&yyvacdai. Surety of the 
other kind was demanded at the beginning of a suit 
upon two occasions only : first, when a citizen as- 
serted the freedom of a person detained in slavery 
by another; and, secondly, when a litigant, who 
had suffered judgment to go by default before the 
arbitrator (diairnrr/c), had recommenced his action 
within the given time (p:r] ovaa dUr]). After the 
judgment, security of this kind was required, in all 
mercantile and some other private causes ; and 
state debtors, who had been sentenced to remain in 
prison till they had acquitted themselves of their 
liabilities, were, by a law of Timocrates, 1 allowed 
to go at large if they could provide three sureties 
that the money should be paid within a limited pe- 
riod. If the principal in a contract made default, 
the surety was bound to make it good, or, if he re- 
fused to do so, might be attacked by an hyyvris ditcri, 
if such action were brought within a twelvemonth 
after the obligation was undertaken. 2 If, however, 
a person accused in a public action by one of the 
forms above mentioned failed to appear to take his 
trial, his bail became liable to any punishment that, 
such person had incurred by contempt of court ; 
and, consistently with this, it appears, from a pas- 
sage in Xenophon, 3 that the law allowed the bail 
to secure the person of the accused by private con- 
finement.* 

EITYH2 AIKH. (Vid. Engye.) 

*EN'HYDRUS (hvdpog), in all probability the 
Otter, or Lutra vulgaris. "Schneider makes the 
evvSpig of Aristotle to be the same. Schneider and 
Gesner agree that the Auraf of the same Greek 
writer must have been the same as the ewSpoc, al- 
though he wishes to distinguish them from one an- 
other." 5 That the Mustela Lutra is the hvv6piq ap- 
pears evident from the Mosaic of Praeneste, accord- 
ing to Sibthorp. One of the Romaic names of the 
Otter, ftidpa, is very similar to the Polish Wydra* 

ENOI'KIOT AIKH (hotKiov d'lKtj). An action 
brought (like our trespass for mesne profits after a 
successful action of ejectment) to recover the rents 
withheld from the owner during the period of his 
being kept out of possession. If the property re- 
covered were not a house, but land (in the more 
confined sense of the word), the action for rents 
and profits was called nap-nov Siktj. It seems, from 
the language of the grammarians, that these actions 
could be brought to try the title to the estate, as 
well as for the above-mentioned purpose. Perhaps 
both the tenement and the intermediate profits 
might be recovered by one suit, but the proceeding 
would be more hazardous, because a failure in one 



1. (Demosth., c. Timocr., 712-716. )--2. (Demosth., c. Apa- 
tur., 901, 10.)— 3. (Hel., i., 7, $ 39.)~4. (Meier, Att. Process 
515.) — 5. (Aristot., H. A., viii., 7. — Adams, Append., s. v.) — f 
(Walpole's Memoirs, vol. i , p. 267.^ 



ENTASIS. 



EPARITOI. 



part of the demand would involve the loss of the 
whole cause. Thus the title of a party to the land 
itself might have expired, as, for instance, where he 
held under a lease for a term ; yet he would be en- 
titled to recover certain by-gone profits from one 
who had dispossessed him. Therefore it is not im- 
probable that the dtnat iv. and* nap. might, in prac- 
tice, be confined to those cases where the rents and 
profits only were the subject of claim. We are 
told that if the defendant, after a judgment in one 
of these actions, still refused to give satisfaction, an 
ovolac 6Utj might be commenced against him, of 
which the effect was, that the plaintiff obtained a 
right to indemnify himself out of the whole property 
of the defendant. Schdmann observes that this 
was a circuitous proceeding, when the plaintiff 
might take immediate steps to execution by means 
of entry and ejectment. His conjecture, however, 
that the ovolac 61ktj was in ancient times an impor- 
tant advantage, when real property could not in the 
first instance be taken in execution, is probably 
not far from the truth, and is supported by analogy 
**) the laws of other nations, .which, being (in the in- 
fancy of civilization) framed by the landowners 
only, hear marks of a watchful jealousy of any en- 
croachment upon their rights. He remarks, also, 
that the giving to the party the choice between a 
milder and a more stringent remedy, accords w T ith 
the general tenour and spirit of the Athenian laws. 
We may add that our own law furnishes an illus- 
tration of this, viz., where a plaintiff has obtained 
a judgment, he has the option of proceeding at once 
to execution, or bringing an action on the judg- 
ment ; though with us the latter measure is consid- 
ered the more vexatious, as it increases the costs, 
and is rendered less necessary by the facility with 
which executions can be levied. At Athens the 
Hjov?,r/c 6iu7j, as it was the ultimate and most effica- 
cious remedy, drew with it also more penal conse- 
quences, as explained under Embateia. 1 

ENOMOTIA. (Vid. Army, Greek, p. 98, 100.) 

ENSIS. (Vid. Gladius.) 

ENTASIS (ev-acic). The most ancient col- 
umns now existing are remarkable for the extreme 
diminution of the shaft between its lower and upper 
extremity, the sides of which, like those of an obe- 
lisk, converge immediately and regularly from the 
base to the neck between two even lines ; a mode 
of construction which is wanting in grace and ap- 
parent solidity. To correct this, a swelling line, 
called entasis, 2 was given to the shaft, which seems 




to have been the first step towards combining grace 
and grandeur in the Doric column. 

The original form is represented by the figure on 
the left in the preceding woodcut, which is taken 
from the great temple at Posiddnia (Paestum), which 
is one of the most ancient temples now remaining ; 
that on the right shows the entasis, and is from a 
building of rather later construction in the same 
city. Two other examples of the same style are 
still to be seen in Italy, one belonging to an ancient 
temple at Alba Fucinensis, 1 and the other at Rome, 
on the sepulchre of C. Publicius. 3 

*EN'TOMA (hro/xa), INSECTA, INSECTS 
" Aristotle and Pliny used the terms hrofza and in- 
secta respectively in the same sense in which the 
latter is applied by Baron Cuvier and the naturalists 
of the present day, and did not include the Crusta- 
cea in this class of animals, as was done by Lin- 
naeus with singular want of judgment. The met- 
amorphosis of insects is correctly described by The- 
ophrastus, ek Ka/nrrjc yap xpvo~a?JJc, elf en ravrnq if 
ipvxv- By Kufnzij is evidently meant here the Larva 
or Eruca, L., and by xP vca ^' LC , the Chrysalis or 
Pupa, L. : the ipvxn is the Imago, L." 3 

EPANGELTA (enayye?ua). If a citizen of Ath- 
ens had incurred urip-ia, the privilege of taking part 
or speaking in the public assembly was forfeited. 
(Vid. Atimia.) But as it sometimes might happen 
that a person, though not formally declared urifioc, 
had committed such crimes as would, on accusa- 
tion, draw upon him this punishment, it was, of 
course, desirable that such individuals, like real 
uTifioi, should be excluded from the exercise of the 
rights of citizens. Whenever, therefore, such a 
person ventured to speak in the assembly, any 
Athenian citizen had the right to come forward in 
the assembly itself,* and demand of him to estab- 
lish his right to speak by a trial or examination of 
his conduct (doKi/j,aola tov (3iov), and this demand, 
denouncement, or threat, was called k-nayye/da, or 
ETrayye?aa doKtjiaoiac. The impeached individual 
was then compelled to desist from speaking, and to 
submit to a scrutiny into his conduct, 5 and if he 
was convicted, a formal declaration of ari\da fol- 
lowed. 

Some writers have confounded the eirayye/ua 
with doKijiaoia, and considered the two words as 
synonymes ; but from the statements made above, it 
is evident that the donijiaoia is the actual trial, while 
the ETiayyE'kia is only the threat to subject a man to 
the doKifiaoia : hence the expression £Trayye?.?iEiv 
doKi/naciav. 6 Other writers, such as Harpocration 
and Suidas, do not sufficiently distinguish between 
E7rayyE?ua and evSei^ic : the latter is an accusation 
against persons w r ho, though they had been declared 
urifioi, nevertheless venture to assume the rights 
of citizens in the public assembly, whereas hcayy- 
£?Ja applied only to those who had not yet been 
convicted of the crime laid to their charge, but w 7 ere 
only threatened with an accusation for the first 
time. 7 Wachsmuth 8 seems to be inclined to con- 
sider the pnTopLKTj ypafyij to be connected or identi- 
cal with the £7zayyE?ua ; but the former, according to 
the definitions of Photius and Suidas, was in real- 
ity quite a different thing, inasmuch as it was in- 
tended to prevent orators from saying or doing un- 
lawful things in the assembly where they had a right 
to come forward; whereas the e-ayye/ua was a de- 
nunciation, or a promise to prove that the orato; 
had no right at all to speak in the assembly. 

EP'ARITOI (k-dpLTOL), a select corps of Arca- 



1 (Meier, At Proc, T^.)— 2. (Vitruv., in'., 2.) 



1. (Piranesi, Magnif. de' Rom., tav. 31, fig. C.)— 2. (Ibid., hg 
7.)— 3. (Adams, Append., s. v.) — 4. (-flDschin., c. Timarch., p. 
104.)— 5. (Pollux, Onom., >iii., 43. — Suidas, s. v. braYYt\ia.)-— 
6. (Schomann, Dc Comit., p. 232, note 8, transl.) — 7. (Meier, 
Att. Proc., p. 210.— Schumann, De Comit., p. 232, note 7, transl.) 
—8. (Hellen. Alter* b.. i., 1, p. 294.) 

405 



EPHEBUS. 



EPHESIA 



man troops, who appear to have been held in high 
estimation by their countrymen. 1 

EPAU'LIA. (Vid. Marriage, Greek.) 

EPEUNACTAI (eirevvaicTai) were a class of cit- 
izens at Sparta, who are said to have been the off- 
spring of slaves and the widows of Spartan citi- 
zens. Theopompus tells us 2 that in the Messenian 
war, in consequence of the great losses which they 
sustained, the Spartans married the widows of those 
who were slain to Helots, and that these Helots were 
admitted to the citizenship under the name of knev- 
vanrai. Diodorus 3 also calls the partisans of Pha- 
ianthus kTzevvaKTat. (Vid. Partheniai.)* 

EPHEBETJM. (Vid. Gymnasium.) 

EPHE'BUS (%6of) was the name of Athenian 
vouths after they had attained the age of 18. 5 
The state of k<j>rj6eia lasted for two years, till the 
young men had attained the age of 20, when they 
became men, and were admitted to share all the 
rights and duties of a citizen, for which the law did 
not prescribe a more advanced age. That the 
young men, when they became e(j>7j6oi, did not re- 
ceive all the privileges of full citizens, is admitted 
on all hands ; but from the assertion of Pollux and 
Harpocration, who state that their names were not 
entered in the lexiarchic registers until they had 
completed their 20th year, that is to say, until they 
had gone through the period of k<j>7]6eia, it would 
seem that they were not looked upon as citizens as 
long as they were HrjSoi, and that, consequently, 
they enjoyed none of the privileges of full citizens. 
But we have sufficient ground for believing that the 
names of young men, at the time they became etyrj- 
601, were entered as citizens in the lexiarchic regis- 
ters, for Lycurgus 6 uses the expressions £<j>7]6ov 
yiyveadai and elr to 2,rjgtapxtKov ypajip-aretov kyypd- 
(peadat as synonymous. The statement of Harpo- 
cration and Photius is therefore probably nothing 
but a false inference from the fact, that young men, 
before the completion of their 20th year, were not 
allowed to take an active part in the public assem- 
bly ; or it may be that it arose out of the law which, 
as Schomann 7 interprets it, prescribed that no Athe- 
nian should be enrolled in the lexiarchic registers 
before the attainment of the 18th, or after the 
completion of the 20th year. (Vid. Docimasia.) 
From the oration of Demosthenes against Aphobus, 8 
we see that some of the privileges of citizens were 
conferred upon young men on becoming t6rj6oc : 
Demosthenes himself, at the age of 18, entered upon 
his patrimony, and brought an action against his 
guardians ; one Mantitheus 9 relates that he mar- 
ried at the age of 18 ; and these facts are stated in 
such a manner that we must infer that their occur- 
rence had nothing extraordinary, but were in ac- 
cordance with the usual custom. 

Before a youth was enrolled among the ephebi, 
he had to undergo a doKL/naaia, U»e object of which 
was partly to ascertain whether he was the son of 
Athenian citizens, or adopted by a citizen, and part- 
ly whether his body was sufficiently developed and 
strong to undergo the duties which now devolved 
upon hiin. 10 Schomann 11 believes that this dom/iavta 
only applied to orphans, but Aristophanes and Plato 
mention it in such a general way, that there seems 
to be no ground for such a supposition. After the 

1. (Xen., Hell., vii., 4, t) 22, 33, 34 ; 5, $ 3.— Mem. de 1'Acad. 
des Inscrip., xxxii., p. 234. — Hesych., s. v. 'Eirapdrjroi (read 
'EtdpiToi). — Clinton, Fast. Hell., ii., p. 419, note m. — Wach- 
i-nuth, i., 2, p. 294.)— 2. (Athen., vii., p. 271, d.)— 3. (Mai, 
£xc. Vat., p. 10.)— 4. (Thirlwall, Hist, of Greece, i., p. 353.— 
Miiller, Dor., hi., 3, I) 5.) — 5. (Pollux, Onom., viii., 105. — Harpo- 
■irat., s. v. ^Eiridicres '\\6i\oai.) — 6. (c. Leocrat., p. 189.) — 7. 
(De Comit., p. 71, transl.) — 8. (p. 814, &c — Compare c. One- 
tor., p. 868.)— 9. (Demosth., c. Bceot. de Dote, p. 1009.)— 10. 
Aristo >1»., Vesp., 533, with the schol. — Demosth., c. Onetor., p. 
8JS. — Xen., De Rep. Atli., c. 3, t> 4.— Plato, Crito, p. 51, with 
Stallbanra*a note, p. 174. Eu*. transl.) — 11. (1. c.) 

400 



loKifiama, tne young men received in the assembly 
a shield and a lance ; x but those whose fathers had 
fallen in the defence of their cour.try received a com- 
plete suit of armour in the theatre. 3 It seems to 
have been on this occasion that the I^tjSol took an 
oath in the Temple of Artemis Aglauros, 3 by w T hich 
they pledged themselves never to disgrace their 
arms or to desert their comrades ; to fight to the 
last in the defence of their country > its altars and 
hearths ; to leave their country, n( t in a worse, but 
in a better state than they found it . to obey the 
magistrates and the laws ; to resist all attempts to 
subvert the institutions of Attica, and finally to re- 
spect the religion of their forefathers. This solem- 
nity took place towards the close of the year (ev 
apxatpeaiaig), and the festive season bore the name 
of k(/>7}6ta.* The external distinction of the tyqSoi 
consisted in the ^Aa/zvf and the Tceraoos* 

During the two years of the efijfteia, which may 
be considered as a kind of apprenticeship in arms, 
and in which the young men prepared themselves 
for the higher duties of full citizens, they were gen- 
erally sent into the country, under the name of its 
piTroXoL, to keep watch in the tow r ns and fortresses, 
on the coast and frontier, and to perform other du 
ties which might be necessary for the protection 'of 
Attica. 6 

EPHEGE'SIS (fyfiyyou;) denotes the method of 
proceeding against such criminals as were liable to 
be summarily arrested by a private citizen (vid. 
Apagoge) when the prosecutor was unwilling to 
expose himself to personal risk in apprehending the 
offender. 7 Under these circumstances, he made an 
application to the proper magistrate, as, for instance, 
to one of the Eleven, if it were a case of burglary or 
robbery attended with murder, 9 and conducted him 
and his officers to the spot where the capture was 
to be effected. With respect to the forms and other 
incidents of the ensuing trial, we have no informa- 
tion ; in all probability they differed but little, if at 
all, from those of an apagoge. 9 

*EPHE'MERON (epv/iepov), I. a plant, the same 
with the Colchicum autumnale, or Meadow Saffron. 
Such, at least, is the kfyrjfiepov of Theophrastus 10 and 
Nicander. 11 " Dioscorides 12 also gives it as one of 
the synonymes of his ko2-x^ov. But in the follow- 
ing chapter he describes the properties of another 
koTjfiepov, which it is more difficult to determine. 
Sprengel inclines to the Convallaria verticillata." 13 

*II. The Ephemera, L., or May-fly. " The name 
of Ephemera has been given to the insects so called, 
in consequence of the short duration of their lives, 
when they have acquired their final form. There 
are some of them which never see the sun ; they 
are born after he is set, and die before he reappears 
on the horizon." 1 * 

EPHESTA ('Electa), a great panegyris of the Io- 
nians at Ephesus, the ancient capital of the Ioniana 
in Asia. It was held every year, and had, like all 
panegyreis, a twofold character, that of a bond of 
political union among the Greeks of the Ionian race, 
and that of a common worship of the Ephesian Ar- 
temis. 15 The Ephesia continued to be held in the 
time of Thucydides and Strabo, and the former 
compares it 16 to the ancient panegyris of Delos (vid. 
Delia), where a great number of the Ionians a&- 

1. (Aristot., ap. Harpocrat., s. v. AoKipatria.) — 2. (.flDschin., c. 
Ctes., p. 75, ed. Steph.— Plato, Menex., p. 249, with Stallbaum's 
note.) — 3. (Demosth., De Fals. Leg., 438. — Pollux, Onom., viii., 
106.)— 4. (Isceus, De Apollod., c. 28. — Demosth., c. Leochar., p. 
1092.)— 5. (Hemsterhuis ad Polluc, x., 164.)— 6. (Pollux, Onom., 
viii., 106. — Photius, s. v. ThptTTo\og. — Plato, De Leg., vi., 760, c.) 
—7. (Demosth., c. Androt. . p. 601 .)— 8. (Meier, Att. Proc, p. 76.) 
—9. (Meier, Att. Proc, p. 846.)— JO. (H.P.,ix., 16.;— 11. (Alex., 
250.)— 12. (iv. 84.)— 13. (Adams, Append., s. v.)— 14. (Griffith'* 
Cuvier, xv., p. 313.) — 15. (Dionys. Hal., Antiq. Rom., iv., p. 229, 
ed. Sylburg. — Strabo, xiv., 1, p. 174, cd. Tauchmtz ) — 16. (iii. 
104.) 



EPHETAE. 



EPH PPIUM. 



sembled with Uieir wives and children. Respect- 
ing the particulars of its celebration, we only know 
that it was accompanied with murh mirth and feast- 
ing, and that mystical sacrifices were offered to the 
Ephesian goddess. 1 That games and contests form- 
ed, likewise, a chief part of the solemnities, is clear 
from Hesychius, 3 who calls the Ephesia an dyuv 

From the manner in which Thucydides and Stra- 
bo speak of the Ephesia, it seems that it was only 
a panegyris of some Ionians, perhaps of those who 
lived in Ephesus itself and its vicinity. Thucydides 
seems to indicate this by comparing it with the De- 
Iian panegyris, which likewise consisted only of the 
Ionians of the islands near Delos ; and Strabo, who 
calls the great national panegyris of all the Ionians 
in the Panionium the kolvtj Ttavrjyvpi.g t&v 'luvov, 
applies to the Ephesia simply the name iravnyvpig. 
It may, however, have existed ever since the time 
when Ephesus was the head of the Ionian colonies 
in Asia. 

EPH'ESIS. (Vid. Appellatio, Greek.) 

EPHESTRIS (Uearplg) was a name applied to 
any outer garment, and is used as equivalent to the 
ifidriov and chlamys.* 

EPH'ETAECE^raO. The judges so called at 
Athens were fifty-one in number, selected from no- 
ble families (aptorlvdnv alpedtvreg), and more than 
fifty years of age. They formed a tribunal of great 
antiquity, so much so, indeed, that Pollux 5 ascribed 
their institution to Draco ; moreover, if we can de- 
pend upon the authority of Plutarch, 6 one of Solon's 
laws (utjovec) speaks of the courts of the Ephetae 
and Areiopagus as coexistent before the time of 
that legislator. Again, as we are told by Pollux, 7 
the Ephetae formerly sat in one or other of five 
courts, according to the nature of the causes they 
had to try. In historical times, however, they sat 
in four only, called, respectively, the court by the 
Palladium (rd etti UaXkadiu), by the Delphinium (to 
etti Aefyiviu), by the Prytaneium (rd etti HpvTaveiu), 
and the court at Phreatto or Zea (to ev 6peaTTol s ). 
At the first of these courts they tried cases of unin- 
tentional, at the second of intentional, but justifia- 
ble homicide, such as slaying another in self-de- 
fence, taking the life of an adulterer, killing a tyrant 
or a nightly robber. 9 At the Prytaneium, by a 
strange custom, somewhat analogous to the impo- 
sition of a deodand, they passed sentence upon the 
instrument of murder when the perpetrator of the 
act was not known. In the court at Phreatto, on 
the seashore at the Peiraeus, they tried such per- 
sons as were charged with wilful murder during 
a temporary exile for unintentional homicide. In 
2ases of this sort, a defendant pleaded his cause on 
board ship (Tfjg yijg pyrj uizTOfLEvog), the judges sitting 
close by him on shore. 10 Now we know that the 
jurisdiction in cases of wilful murder was, by So- 
lon's laws, intrusted to the court of the Areiopagus, 
which is mentioned by Demosthenes 11 in connexion 
with the four courts in which the Ephetae sat. 
Moreover, Draco, in his Qeofioi, spoke of the Ephe- 
tct only, though the jurisdiction of the Areiopagus in 
cases of murder is admitted to have been of great 
antiquity. Hence Muller 1 a conj ectures that the court 
of the Areiopagus was anciently included in the five 
courts of the Ephetae, and infers, moreover, the ear- 
ly existence of a senate at Athens, resembling the 
Gerousia at Sparta, and invested with the jurisdic- 

1 (Strabo, 1 c.) — 2. (s. v./ — 3. (Compare Paus., vii., 2, I) 4. — 
Muller, Dor., ii., 9, $ 8.— B5ckh., Corp. Inscript., ii., n. 2909.)— 
4. (Xen., Symp., iv., 38. — Lucian, Dial. Meretr., 9, vol. iii., p. 
301, ed. Reitz.— Dial. Mort., 10, t> 4, vol. i., p. 366.— Contempl., 
14, p. 509.— Becker, Charikles, ii., p. 358.)— 5. (viii., 125.)— 6. 
(Solon., c. 19J— 7. (Pollux, Onom., 1. c.)— 8. (Wachsmuth, II., 
i., p. 321 )— 9. (Plato, Leg., ix., p. 874.)— 10. (Demosth., c. Aris- 
tocr , p 644.)— 11. (1. c.)— 12. (Eumenid., 65.) 



tion in cases cf hoimcide. 1 The name of 'E-iirv 
given to the membeis of this council was, as he 
conceives, rather derived from their granting a li- 
cense to avenge blood (ol ttiiaat ru uv6po<j>6v(ft tov 
avSprjldrnv) than from their being appealed to, or 
from the transfer to them of a jurisdiction which, 
before the time of Dracc, had belonged to the kings.' 
If this hypothesis be true, it becomes a question, 
Why and when was this separation of the courts 
made 1 On this subject Muller adds, that when 
an act of homicide was not punished by death or 
perpetual banishment, the perpetrator had to re- 
ceive expiation. (Vid. Banishment, Greek.) Now 
the atonement for blood, and the purification of a 
shedder of blood, came under the sacred law of 
Athens, the knowledge of which was confined to 
the old nobility, even after they had lost their polit- 
ical power. (Vid. Exegetai.) Consequently, the 
administration of the rites of expiation could not be 
taken away from them, and none but an aristocrat- 
ical court like that of the Ephetae would be compe- 
tent to grant permission of expiation for homicide, 
and to preside over the ceremonies connected with 
it. Accordingly, that court retained the right of de- 
cision in actions for manslaughter, in whicli a tem- 
porary flight was followed by expiation, and also in 
cases of justifiable homicide, whether from the sim- 
ilarity of the latter (as regards the guilt of the per- 
petrator) to acts of accidental homicide, or as re- 
quiring a like expiation. 3 For acts of wilful mur- 
der, on the other hand, the punishment was either 
death or uetcbvyla, and, therefore, no expiation (ku- 
dapaig) was connected with the administration of 
justice in such cases, so that there could be no ob- 
jection against their being tried by the court of the 
Areiopagus, though its members did not of necessity 
belong to the old aristocracy. 

Such, briefly, are the reasons which Muller alle- 
ges in support of this hypothesis ; and if they are 
valid there can be little doubt that the separation 
alluded to was effected when the Athenian nobility 
lost their supremacy in the state, and a timocracy 
or aristocracy of wealth was substituted for an ar- 
istocracy of birth. This, as is well known, happen- 
ed in the time of Solon. 

Lastly, we may remark, that the comparatively 
unimportant and antiquated duties of the Ephetae 
sufficiently explain the statement in Pollux,* that 
their court gradually lost all respect, and became at 
last an object of ridicule. 

EPHI'PPIUM (acTpddn, ktyiirxiov, ey'nnreiov ), a 
Saddle. Although the Greeks occasionally rode 
without any saddle (tnl iptXov ltcttov 5 ), yet they com- 
monly used one, and from them the name, together 
with the thing, was borrowed by the Romans. 6 It 
has, indeed, been asserted, that the use of saddles 
was unknown until the fourth century of our era. 
But Ginzrot, in his valuable work on the history of 
carriages, 7 has shown, both from the general prac- 
tice of the Egyptians and other Oriental nations, 
from the pictures preserved on the walls of houses 
at Herculaneum, and from the expressions employ- 
ed by J. Caesar and other authors, that the term 
"ephippium" denoted not a mere horsecloth, a skin, 
or a flexible covering of any kind, but a saddle-tree, 
or frame of wood, which, after being filled with a 
stuffing of wool or cloth, was covered with softer 
materials, and fastened by means of a girth [ungu- 
ium, zona) upon the back of the animal. The an- 
cient saddles appear, indeed, to have been thus far 
different from ours, that the cover stretched upon 
the hard frame was probably of stuffed or padded 

1. (Thirlwall, Hist, of Greece, ii., p. 41.)— 2. (Pollux, 1. e.)— 
3. (Plato, Leg., ix., p. 864 and 875.)— 4. (1. c.)— 5. (Xen., De Rt 
Equest.., vii., 5.)— 6. (Varro, De Re Rust., ii., 7.— Cxsai, B. G.. 
iv., 2. -Hor., Epist., i , J I, 43— Gellius, v., 5.)— 7. (vol ii , « 
26.) 

407 



EPHORI. 



EPHORI. 



5loth rather than leather, and that the saddle was, 
as it were, a cushion fitted to the horse's back. 
Pendent cloths (arpuftara, strata) were always at- 
tached to it, so as to cover the sides of the animal; 
but it was not provided with stirrups. As a substi- 
tute for the use of stirrups, the horses, more partic- 
ularly in Spain, were taught to kneel at the word of 
command, when their riders wished to mount them. 
( Vid. the annexed figure from an antique lamp found 
at Herculaneum, and compare Strabo, III., i., p. 436, 
«d Sieb. ; and Silius Italicus, x. f 465.) 




The cloths, which were either spread over the 
isaddle or hung from it on each side, were often 
dyed with different colours (" Jam purpura vestiat 
armos ; m ephippia fucata*), and were sometimes 
rendered still more ornamental by the addition of 
fringes. 

The term " Ephippium" was in later times in 
part supplanted by the word " sella," and the more 
specific expression " sella equestris." 

EPHORI CE(j>opoi). Magistrates called '~E<j>opoi 
or overseers were common to many Dorian consti- 
tutions in times of remote antiquity. Cyrene and 
the mother state of Thera may be mentioned as ex- 
amples : the latter colonized from Laconia in early 
ages, and where, as we are told, the ephors were 
Enuvvftoi, i. e., gave their name to their year of of- 
fice. 8 The ephoralty at Sparta is classed by Herod- 
otus* among the institutions of Lycurgus. Since, 
however, the ephori are not mentioned in the oracle 
which contains a general outline of the constitution 
ascribed to him, 6 we may infer that no new powers 
were given to them by that legislator, or in the age 
of which he may be considered the representative. 
Another account refers the institution of the Spar- 
tan ephoralty to Theopompus (B.C. 770-720), who 
is said to have founded this office with a view of 
limiting the authority of the kings, and to have jus- 
tified the innovation by remarking that "he handed 
down the royal power to his descendants more du- 
rable, because he had diminished it." 6 The incon- 
sistency of these accounts is still farther complica- 
ted by a speech of Cleomenes the Third, who 7 is 
represented to have stated that the ephors were 

1. (Claud., Epigr., x., 30.)— 2. (A put., De Deo Socr.)— 3. 
(Heracl. P>nt., 4.)— 4. (i., 65.)— 5. (Plutarch, Lycurg., 6.)— 6. 
(Aristo-., Polit., v., 9.)— 7. (Plutarch. Cleom,, 10.) 
408 



originally appointed by the kings, to act for them in 
a judicial capacity (npbg to Kpiveiv) during their ab- 
sence from Sparta in the first Messenian war, and 
that it was only by gradual usurpations that these 
new magistrates had made themselves paramount 
even over the kings themselves. Now, according 
to some authorities, 1 Polydorus, the colleague of 
Theopompus, and one of the kings under whom the 
first Messenian war (B.C. 743-723) was completed, 
appropriated a part of the conquered Messenian ter- 
ritory to the augmentation of the number of portic ns 
of land possessed by the Spartans — an augmenta- 
tion which implies an increase in the number of 
Spartan citizens. But the ephors, as we shall see 
hereafter, were the representatives of the whole na- 
tion ; and, therefore, if in the reign of Theopompus 
the franchise at Sparta was extended to a new class 
of citizens, who, nevertheless, were not placed on 
an equality with the old ones (viro/xeioveg), the eph- 
ors would thenceforward stand in a new position 
wiih respect to the kings, and the councillors (ol 
yepovreg) who were elected from the higher class. 
Moreover, it is not improbable that, during the ab- 
sence of the kings, the ephors usurped, or had con- 
ferred upon them, powers which did not originally 
belong to them ; so that, from both these causes, 
their authority may have been so far altered as to 
lead to the opinion that the creation of the office, 
and not merely an extension of its powers, took 
place during the reign of Theopompus. Again, as 
Mr. Thirlwall observes, " if the extension of the 
ephoralty was connected with the admission of an 
inferior class of citizens to the franchise, the com- 
parison which Cicero 2 draws between the ephoralty 
and the Roman tribunate would be more applicable 
than he himself suspected, and would throw a light 
on the seeming contradiction of the ephors being 
all-pow T erful, though the class which they more 
especially represented enjoyed only a limited fran- 
chise." 3 But, after all, the various accounts which 
we have been considering merely show how differ 
ent were the opinions, and how little historical the 
statements, about the origin of the ephoralty. 4 

We shall therefore proceed to investigate the 
functions and authorities of the ephors in historical 
times, after first observing that their office, consid- 
ered as a counterpoise to the kings and council, 
and in that respect peculiar to Sparta alone of the 
Dorian states, would have been altogether incon- 
sistent with the constitution of Lycurgus, and that 
their gradual usurpations and encroachments were 
facilitated by the vague and indefinite nature of 
their duties. Their number, five, appears to have 
been always the same, and was probably connected 
with the five divisions of the town of Sparta, name- 
ly, the four Ku/xai, Limnae, Mesoa, Pitana, Cynosu- 
ra, and the TloMg, or city properly so called, around 
which the nfifiai lay. 5 They were elected from a ad 
by the people (ff diravruv), without any qualification 
of age or property, and without undergoing any 
scrutiny (ot Tv^ovreg) ; so that, as Aristotle re • 
marks, 6 the dri/uog enjoyed through them a partici 
pation in the highest magistracy of the state. The. 
precise mode of their election is not known, but 
Aristotle 7 speaks of it as being very puerile; and 
Plato 8 describes their office as kyyvg rf)g K2.7jpuT?jg 
dwdficog, words which may apply to a want of a 
directing and discriminating principle in the elect- 
ors, without of necessity implying an election by 
lot. They entered upon office at the autumnal sol- 
stice, and the first in rank of the five gave his name 



1. (Thirlwall, Hist, of Greece, i., p. 353.) — 2. (De Leg., iii., 7 ,• 
De Rep., ii., 33.)— 3. (Hist, of Greece, f., 356.)— 4. (Muller, Do* 
rians, iii., c. 7 ; and vid. Clinton, Fast Hell., i„ Appendix 6.)— > 
5. (Philolog. Museum, ii., p. 52)— 6- 'Polit,vu 7.)— 7. 0. c\ 
—8. (Leg., iii., p; 692.) 



EPHORI. 



EPHOR1. 



to the year, which was called after him in all civil 
transactions. 1 Their meetings were held in the 
public building called upxriov, which in some re- 
spects resembled the Prytaneium at Athens, as be- 
ing the place where foreigners and ambassadors 
were entertained, and where, moreover, the ephors 
took their meals together. 3 

The ephors also possessed judicial authority, on 
which subject Aristotle 3 remarks that they decided 
in civil suits (dinai tuv cvp.to'kaiuv), and generally 
in actions of great importance (uploeuv [ieyaXuv kv- 
piui*) : whereas the council presided over capital 
crimes (6tKat povmai). In this arrangement we see 
an exemplification of a practice common to many 
of the ancient Greek states, according to which a 
criminal jurisdiction was given to courts of aristo- 
cratic composition, while civil actions were decided 
by popular tribunals. (Compare Ephetae and Arei- 
opa«*us.) But with this civil jurisdiction was uni- 
ted a censorial authority, such as was possessed by 
the ephors at Cyrene : for example, the ephors pun- 
ished a man for having brought money into the 
state, 5 and others for indolence. 6 We are told, also, 
that they inspected the clothing and the bedding of 
the young men. 7 Moreover, something like a su- 
perintendence over the laws and their execution is 
implied in the language of the edict, which they 
published on entering upon their office, ordering the 
citizens " to shave the upper lip ([ivoTana), i. e., to 
be submissive, and to obey the laws." Now the 
symbolical and archaic character of this expression 
seems to prove that the ephors exercised such a 
general superintendence from very early times, and 
there car be no doubt " that, in the hands of able 
men, it would alone prove an instrument of unlim- 
ited power " 8 

Their jurisdiction and power were still farther in- 
creased by the privilege of instituting scrutinies (ev- 
G-wai) into the conduct of all the magistrates, on 
which Aristotle 9 observes that it was a very great 
gift to the ephoralty (tovto de ry ktyopeia p.iya Xiav 
to dupov). Nor were they obliged to wait till a 
magistrate had completed his term of office, since, 
even before its termination, they might exercise the 
privilege of deposition. 10 Even the kings themselves 
could be brought before their tribunal (as Cleom- 
enes was for bribery, dupodoida 11 ), though they were 
nut obliged to answer a summons to appear there 
till it had been repeated three times. 13 In extreme 
cases, the ephors were also competent to lay an ac- 
cusation against the kings as well as the other ma- 
gistrates, and bring them to a capital trial before 
the great court of justice. 13 If they sat as judges 
themselves, they were only able, according to Miil- 
ler, to impose a fine, and compel immediate pay- 
ment ; but they were not in any case, great as was 
their judicial authority, bound by a written code of 
laws. 14 

In later times the power of the ephors was great- 
ly increased ; and this increase appears to have 
been principally owing to the fact that they put 
themselves in connexion with the assembly of the 
people, convened its meetings, laid measures before 
it, and w r ere constituted its agents and representa- 
tives. 15 When this connexion arose is matter of 
conjecture ; some refer the origin of it to Astero- 
pus, one of the first ephors to whom the extension 
of the powers of the ephoralty is ascribed, and who 
is said to have lived many years after the time of 
Theopompus, probably about B.C. 560. That it was 

1 (Miiller, Dor., iii., 7, $ 7.)— 2. (Pausan., iii., 11, 2.)— 3. 
(Polit., uij, U— 4. (Poht., ii., 6.)— 5. (Plut., Lysan., 19.)— 6. 
iSchol. iu Tjiacyd., i., 84.)— 7. (Athenreus, xii., 550.)— 8. (Thirl- 
waH, Hist, of Greece, i., 355.)— 9. (Polit., ii., 6, 17.)— 10. (Xen., 
De Rep. Lac, viii., 4.)— 11. (Herod., vi., 82.)— 12. (Plut., Cle- 
om., 10.)— 13. (Xen., I.e.— Herod., vi.,85.)— 14. (Axislot., Polit., 
ii., 6, 16 }— IS. (Miiller, Dorians, ii., 125, transi.) 
Ffp 



not known in early times appears from the en cum 
stance that the two ordinances of the oracle at Del- 
phi, which regulated the assembly Df the people, 
made no mention of the functions tf the ephors. 1 
It is clear, however, that the power which such a 
connexion gave, would, more than anything else, 
enable them to encroach on the royal authority, and 
make themselves virtually supreme in the state. 
Accordingly, we find that they transacted business 
with foreign ambassadors; 2 dismissed them from 
the state ; 3 decided upon the government of de- 
pendant cities ; 4 subscribed in the presence of other 
persons to treaties of peace ; 5 and in time of war 
sent out troops when they thought necessary. 6 In 
all these capacities the ephors acted as the repre- 
sentatives of the nation and the agents of the pub 
lie assembly, being, in fact, the executive of tha 
state. Their authority in this respect is farther il- 
lustrated by the fact that, after a declaration of war, 
" they intrusted the army to the king or some other 
general, who received from them instructions how- 
to act, sent back to them for fresh instructions, 
were restrained by them through the attendance en 
extraordinary plenipotentiaries, were recalled by 
means of the scytale, summoned before a judicia. 
tribunal, and their first duty after return w r as to visit 
the office of the ephors." 7 Another striking proof 
of this representative character is given by Xeno- 
phon, 8 who informs us that the ephors, acting on 
behalf of the state (imep 7% noleuc;), received from 
the kings every month an oath, by which the latter 
bound themselves to rule according to law ; and 
that, in return for this, the state engaged, through 
the ephors, to maintain unshaken the authority of 
the kings if they adhered to their oath. 

It has been said that the ephors encroached upon 
the royal authority ; in course of time the kings be- 
came completely under their control. For example, 
they fined Agesilaus 9 on the vague charge of trying 
to make himself popular, and interfered even with 
the domestic arrangements of other kings; more- 
over, as we are told by Thucydides, 10 they could 
even imprison the kings, as they did Pausanias. 
We know, also, that in the field the kings were fol- 
lowed by two ephors, who belonged to the council 
of war ; the three who remained at home received 
the booty in charge, and paid it into the treasury, 
which was under the superintendence of the whole 
College of Five. But the ephors had still another 
prerogative, based on a religious foundation, which 
enabled them to effect a temporary deposition of the 
kings. Once in eight years (61' krtiv hvia), as we 
are told, they chose a calm and cloudless night to 
observe the heavens, and if there was any appear- 
ance of a falling meteor, it was believed to be a sign 
that the gods were displeased with the kings, who 
were accordingly suspended from their functions 
until an oracle allowed of their restoration. 11 The 
outward symbols of supreme authority also were as- 
sumed by the ephors, and they alone kept their 
seats while the kings passed ; whereas it was not 
considered below the dignity of the kings to rise in 
honour of the ephors. 13 

The position which, as we have shown, the ephora 
occupied at Sparta, will explain and justify the state- 
ment of Miiller, "that the ephoralty was the moving 
element, the principle of change in the Spartan con- 
stitution, and, in the end, the cause of its dissolu- 
tion." In confirmation of this opinion we may cito 
the authority of Aristotle, who observes, that from 
the excessive and absolute power (ivoTvpavvoc) of 

1. (Thirlwall, i., 356.)— 2. (Herod., ix., 8.)— 3. (Sen., Hell., 
ii., 13, 19.)— 4. (Xen., Hell., iii.,4, 2.)— 5. (Thucyd., v., 19, 24.» 
—6. (Herod., ix., 7, 10.)— 7. (Miiller, Dor., ii., 127, transl.)— 6 
(De Repub. Lacon., xv.)— 9. (Plutarch, Ages., 2, 5.)— 10. (» , 
131.)— 11. (Plut.. Agis, 11.)— 12. (Xen., Repub. L&coi ., xv.) 

409 



EPIBATAE. 



EPICLERUS. 



the ephors, the kings were obliged to court them 
(drjfiayuyetv), and eventually the government be- 
came a democracy instead of an aristocracy. Their 
relaxed and dissolute mode of life too {dvetfiivrj 61- 
aira), he adds, was contrary to the spirit of the con- 
stitution ; and we may remark that it was one of 
the ephors, Epitadeius, who first carried through 
the law permitting a free inheritance of property in 
contravention of the regulation of Lycurgus, by 
which an equal share in the common territory was 
secured to all the citizens. 

The change, indeed, to which Aristotle alludes, 
might have been described as a transition from an 
aristocracy to an oligarchy ; for we find that in la- 
ter times, the ephors, instead of being demagogues, 
invariably supported oligarchical principles and priv- 
ileges. The case of Cinadon, B.C. 399, is an in- 
stance of this ; and the fact is apparently so incon- 
sistent with their being representatives of the whole 
community, and as much so of the lower {vizo/ieio- 
vse) as of the higher {dfzotoi) class of citizens, that 
Wachsmuth 1 supposes the <%*of, 2 from and by whom 
the ephors were chosen, to mean the whole body of 
privileged or patrician citizens only, the most emi- 
nent (nalol Kayadoi) of whom were elected to serve 
as ytpovrrc. This supposition is not itself improba- 
ble, and would go far to explain a great difficulty ; 
but any analysis of the arguments that may be urged 
for and against it is precluded by our limits. 8 We 
shall, therefore, only add, that the ephors became at 
last thoroughly identified with all opposition to the 
extension of popular privileges. 

For this and other reasons, when Agis and Cle- 
omenes undertook to restore the old constitution, it 
was necessary for them to overthrow the ephoralty, 
and, accordingly, Cleomenes murdered the ephors 
for the time being, and abolished the office (B.C. 
225) ; it was, however, restored under the Romans. 
EPI'BATiE (kiuS&TaC) were soldiers or marines 
appointed to defend the vessels in the Athenian na- 
vy, and were entirely distinct from the rowers, and 
also from the land soldiers, such as hoplitae, peltasts, 
and cavalry.* It appears that the ordinary number 
of epibatae on board a trireme was ten. Dr. Arnold 5 
remarks, that by comparing Thucyd., hi., 95, with 
c. 91, 94, we find three hundred epibatae as the 
complement of thirty ships ; and also, by comparing 
ii., 92, with c. 102, we find four hundred as the com- 
plement of forty ships ; and the same proportion re- 
sults from a comparison of iv., 76, with c. 101. In 
Thucydides, vi., 42, we find seven hundred epibatae 
for a fleet of one hundred ships, sixty of which were 
equipped in the ordinary way, and forty had troops 
on board. In consequence of the number of heavy- 
armed men e/c tov Karahoyov on the expedition, the 
Athenians appear to have reduced the number of 
regular epibatae from ten to seven. The number of 
forty epibatae to a ship, mentioned by Herodotus, 6 
Dr. Arnold justly remarks, 7 "belongs to the earlier 
state of Greek naval tactics, when victory depended 
more on the number and prowess of the soldiers on 
board than on the manoeuvres of the seamen ; 8 and 
it was in this very point that the Athenians impro- 
ved the system, by decreasing the number of eiu6a- 
rat, and relying on the more skilful management of 
their vessels." 

The epibatae were usually taken from the Thetes, 
or fourth class of Athenian citizens ; 9 but on one 
occasion, in -a season of extraordinary danger, the 
citizens of the higher classes (e/c Karakoyov) were 
compelled to serve as epibatae. 10 



1. (i., 2, p. 214.)— 2. (Arist., ii,6.) — 3. (Vid. Thirlwall, iv., 
377.) — 4. (Xen., Hell., i., 2, $ 7 ; v., 1, $ 1 1 . — Harpocrat. and 
Hesych., s. v.)— 5. (ad Thucyd., iii., 95.) — 6. (vi., 15.) — 7. (1. 
c.)— 8. (Thucyd., i., 49.)— 9. (Thucyd., vi., 42.)— 10. (Thucyd., 
xiii., 24.) 

410 



The term is sometimes, also, applied by the Roma* 
writers to the marines, 1 but they are more usually 
called classiarii milites. The latter term, however, 
is also applied to the rowers or sailors as well aa 
the marines (classiariorum remigio vehv 1 ). 
EPIBLE'MA. {Vid. Amictus.) 
EPIB'OLE (km6o?i7J), a fine imposed by a magis- 
trate, or other official person or body, for a misde- 
meanour. The various magistrates at Athens had 
(each in his own department) a summary penal ju- 
risdiction ; i. e., for certain offences they might 
inflict a pecuniary mulct or fine, not exceeding q 
fixed amount ; if the offender deserved farther pun- 
ishment, it was their duty to bring him before a 
judicial tribunal. Thus, in case of an injury done 
to orphans or heiresses, the archon might fine 
the parties, or (if the injury were of a serious na- 
ture) bring them before the court of Heliaea. 3 Upon 
any one who made a disturbance, or otherwise mis- 
behaved himself in the public assembly, the proedri 
might impose a fine of fifty drachms, or else bring 
him for condign punishment before the senate of 
500, or the next assembly.* The senate of 500 
were competent to fine to the extent of 500 drachms.* 
The magistrate who imposed the fine (km6o?J:v 
eTre6aXe) had not the charge of levying it, but was 
obliged to make a return thereof to the treasury of- 
ficers {emypdfeiv, or kyypdcpeiv role TrpdnToppiv, or 
kyypdfyeiv r<p 6rjfJLoai(p), whereupon, like all other 
penalties and amerciaments, it became (as we should 
say) a debt of record, to be demanded or recovered 
by the collectors. 6 If it were made payable to the 
fund of a temple, it was collected by the function- 
aries who had the charge of that fund {rajuiat). 
There might (it seems) be an appeal from the sen- 
tence of the magistrate to a jury or superior court. 7 
As under the old Roman law no magistrate could 
impose a fine of more than two oxen and thirty 
sheep, so, by the laws of Solon, fines were of very 
small amount at Athens. How greatly they in- 
creased afterward (as money became more plentiful, 
and laws more numerous), and how important a 
branch they formed of the public revenue, may be 
seen from the examples collected by Bockh. 8 

These emdolai are to be distinguished from the 
penalties awarded by a jury or court of law {Tifirj- 
fiara) upon a formal prosecution. There the magis- 
trate or other person who instituted the proceeding 
(for any one might prosecute, Karriyopeiv), was said 
Tifir/jua ETuypaipaodai, as the court or jury were said. 
Tifxav, " to assess the penalty," which always de- 
volved upon them, except where the penalty was 
one fixed by law (e/c ruv vopuv e7UKeifievi] typed), in 
which case it could not be altered. 9 

EPICHETROTONIA. {Vid. Cheirotonia, Ec- 
clesia, p. 386.) 

EPICLE'RUS {eiriKlypoc, heiress), the name 
given to the daughter of an Athenian citizen who 
had no son to inherit his estate. It was deemed 
an object of importance at Athens to preserve the 
family name and property of every citizen. This 
was effected, where a man had no child, Y.y adop- 
tion {elcrKoiqcig) ; if he had a daughter, the inherit- 
ance was transmitted through her to a grandson, 
who would take the name of the maternal ancestor. 
If the father died intestate, the heiress had not the 
choice of a husband, but was bound to marry her 
nearest relative, not in the ascending line. Upon 



1. (Hist.de Bell. Alex, 11; de Bell. Afric, 63.) — 2. (Ta- 
cit., Ann., xiv.,4.) — 3. (Demosth., c. Macart., 1076.) — 4. (JEsch., 
c. Timarch., 35, Bekker.)— 5. (Demosth., c. Euerg. and Mnes , 
1152.— Vid. also Demosth., c. Meid., 572.)— 6. (jEsch., c. Timar^ 
1. c. — Demosth., c. Nicost., 1251.) — 7. (Meier, Ate. Proc, p. 32, 
34, 565.— Schomann, Ant. Jur. Pub. Grcec, p. 242, 293.)— 6 
(Pub. Econrof Athens, ii., p. 103, &c.)— 9. (^Esch., Ue t 'l lid- 
pa6., 14, Bekker. — Demosth., c. Theocr., 1328. — Harpocr • > » 
AtIixijtos ayihv.) 



EPIDICASIA. 



EPIMELZTAE. 



such person making his claim before the archon, 
whose duty it was kizLfiekclodai tuv ettik^tjpuv kol 
rwv oIkuv t£jv k^epTj/iovfj.ivuv, 1 public notice was 
given of the claim ; and if no one appeared to dis- 
pute it, the archon adjudged the heiress to him 
(Emdinaatv avrti ttjv kTriK?i7]pov). If another claim- 
ant appeared (ufi<piafrireiv avrCi rfjg ettik.), a court 
was held for the decision of the right (diadiKacia 
rrjs brut.), which was determined according to the 
Athenian law of consanguinity (yivovg na? ayx ia ~ 
relay). Even where a woman was already married, 
her husband was obliged to give her up to a man 
with a better title ; and men often put away their 
ormer wives in order to marry heiresses. 3 

A man without male issue might bequeath his 
property ; but if he had a daughter, the devisee was 
obliged to marry her. 3 If the daughter was poor, 
and the nearest relative did not choose to marry _ 
her, he was bound to give her a portion correspond-' 
ing to his own fortune. 4 

The husband of an heiress took her property until 
she had a son of full age (ettc dtereg TjSijaavTa), who 
was usually adopted into his maternal grandfather's 
family, and took possession of the estate. He then 
became his mother's legal protector (Kvpiog), and 
was bound to find her maintenance (atrov). If 
there were more sons, they shared the property 
equally. 6 

When there was but one daughter, she was called 
E7TLK?,r}poc knl izavrl to oIkg). If there were more, 
they inherited equally, like our co-parceners, and 
were severally married to relatives, the nearest 
having the first choice. 6 Illegitimate sons did not 
share with the daughter, the law being vodu fir/ 
elvat ayxi-GTeiav fiijd' lep&v fiijO' oc'udv? 

The heiress was under the special protection of 
the aichon ; and if she was injured by her husband 
or relatives, or by strangers ejecting her from her 
2state, the law gave a criminal prosecution against 
the offender, called icaKtJCEog elaayye?ua. a 

EPICLINTPvON. (Vid. Lectus.) 

EPIDAURIA. (Vid. Eleusinia, p. 396.) 

EPIDEMIURGI. (Vid. Demiurgi.) 

EPIDICASIA (sTctdiKaoia, K?.?jpov) was the pro- 
ceeding by which a legatee or heir, other than the 
natural descendant and acknowledged successor, 
obtained legal possession of the estate of a deceased 
person. Under these circumstances, the claimant 
was said \ayyaveiv or E7udiKu£ec6ai rov nXfipov, and 
the property itself termed ettlSikov until it was formal- 
ly awarded to its rightful owner. Notice of a claim 
of this .dnd might be given to the archon eponymus 
during any month in the year except Scirrophorion, 
and that magistrate was bound, upon receiving it, to 
direct that it should be inscribed upon a tablet, and 
exposed to public inspection, as if it were an indict- 
ment or declaration (ypa<pf/ or Ir&g) in an ordinary 
lawsuit. 9 After this it was recited by the herald in 
the first ensuing regular assembly of the people 
(Kvpla knnlriaia), and a proclamation to the same 
effect was again made before the archon, who for- 
mally assigned the property to the claimant. If, 
however, any other parties made their appearance, 
a diadicasia ensued between them and the original 
suitor. (Vid. Diadicasia.) An analogous proceed- 
ing took place when the surviving issue of the de- 
ceased consisted of one or more daughters only (bri- 
KTiTjpoi, eTUKTirjpiTidec, -arpovxot, tyxlvpoi, or ETrnra- 

1. (Demosth., c. Macart., 1076.)— 2. (Demosth., c. Onet., Ar- 
gum. ; c. Eubul., 1311.— lsaeus, De Pynh. H<ered., 78.)— 3. 
(hseus, De Arist. Haered., 19.)— 4. (Demosth., c. Macart., 1067.) 
—5. (l»aeus, De Pyrrh. Haired., 59 ; De Cir. Haered., 40.— De- 
mosth.. t. Steph., 1134, 1135.) — 6. (Andoc, De Myst., 117, &c. 
— Isjeus, De Cir. Haered., 57 58.)— 7. (Demosth., c. Macart., 
106,.— Anstoph., A%es, 1652.)— 8. (lsaeus, De Pvrr. Haered., 76. 
-Meier, Att. Proc p. 269. 460, 468.)— 9. (Meier, Att. Proc., p. 



/ndrtdec), in which case the person in wlose favoui 
the will of the deceased had been made , the near- 
est male relative (ayxicrevg), or if several daughters 
had been left with their portions to different persons, 
the legatees or relatives were required to prefer 
their claim to the archon. The proclamation by 
the herald followed, in the same manner as when 
an estate was the subject of the petition ; arx* the 
paracatabole, or the tenth part of the estate 01 por- 
tion, was deposited as a forfeit, in case they failed 
to establish their claim, by the other parties that 
undertook a diadicasia. 1 (Vid. Epiclerus.) 

EPID'OSEIS (emdocrELg ) were voluntary contribu- 
tions, either in money, arms, or ships, which were 
made by the Athenian citizens in order to meet the 
extraordinary demands of the state. When the ex 
penses of the state were greater than its revenue, 
it was usual for the pry tan es to summon an assem- 
bly of the people, and, after explaining the necessi- 
ties of the state, to call upon the citizens to contrib- 
ute according to their means. Those who were 
willing to contribute then rose, and mentioned what 
they would give ; while those who were unwilling 
to give anything remained silent, or retired privately 
from the assembly. 2 The names of those who had 
promised to contribute, together with the amount of 
their contributions, were written on tablets, which 
were placed before the statues of the Eponymi. 
where they remained till the amount was paid. 3 

These kiudooEig, or voluntary contributions, were 
frequently very large. Sometimes the more wealthy 
citizens voluntarily undertook a trierarchy, or the 
expenses of equipping a trireme.* We read that 
Pasion furnished 1000 shields, together with five 
triremes, which he equipped at his own expense.* 
Chrysippus presented a talent to the state when 
Alexander moved against Thebes ; 6 Aristophanes, 
the son of Nicophemus, gave 30.000 drachmae /or 
an expedition against Cyprus ; 7 Charidemus End 
Diotimus, two commanders, made a free gift of S00 
shields ; 8 and similar instances of liberality are men- 
tioned by Bockh, 9 from whom the preceding exam- 
ples have been taken. 10 

EPIGAMIA. (Vid. Marriage, Greek.) 
EPI'GRAPHEIS. (Vid. Eisphora, p. 392.) 
EPIMELE'T AE(£TUfi£l7]Tai), the name of various 
magistrates and functionaries at Athens. 

1. 'EirifieXrjTrjs t% Koivfjg irpooodov, more usually 
called Tafilac, the treasurer or manager of the pub- 
lic revenue. (Vid. Tamias.) 

2. 'EirifielrjTal ruv fiopiuv 'ETtaiuv were persons 
chosen from among the areopagites to take care of 
the sacred olive-trees. 11 

3. 'E7rifie?^ral tov 'E/nzopiov were the overseers 
of the emporium. (Vid. Emporium.) They were 
ten in number, and were elected yearly by lot. 13 
They had the entire management of the emporium, 
and had jurisdiction in all breaches of the commer- 
cial laws. 13 According to Aristotle, 14 it was part of 
their duty to compel the merchants to bring into 
the city two thirds of the corn which had been 
brought by sea into the Attic emporium ; by which 
we learn that only one third could be carried away 
to other countries from the port of the Peiraeus.' 6 

4. 'ETifiEXijTal tuv MvaTTjpiuv were, in connexion 
with the king archon, the managers of the Eleusin- 



1. (Meier, Att. Proc, p. 461, 470.)— 2. (Plutarch, Alcib., 10 
— Phocion, 9.— Demosth., c. Meid.. p. 567.— Theophrast., Char., 
22.— Athenaeus, iv., p. 108, e.)-~ 3. (lsaeus, De Dicaeog., p. Ill, 
ed. Reiske.)— 4. (Demcsth., c. Meid., p. 506, 23.)— 5. (Demosth., 
c Steph., p. 1127, 12.)— 6. (Demosth., c. Phorm., p. 918, 20.)— 
7. (Lysias, Pro Aristojh. bonis, p. 644.)— 8. (Demosth., Pro Co 
ron., p. 265, 18.) — 9. (Pub. Econ. of Athens, ii., p 377.) — 10. 
(Compare Schomann, De Comit., p. 292.)— 11. (Lvsias, Areio 
pag., p. 284, 5.)— 12. (Harpocrat., s. v.)— 13. (Demosth., c La- 
crit., p. 941, 15; c. Theocr., p. 1324.— Dinarch., c. Aristog., p 
81, 82.)— 14. (ap. Harpocrat., s. v.)— 15. (Bockh, Pub. Ecou. d 
Athens, i., p. 67, 111.— Meier, Att. Pr<c p. 8b.) 



EPISTATES. 



EPISYNTHE1 [CI. 



lan mysteries. They were elected by open vote, 
and were four in number, of whom two were cho- 
sen from the general body of citizens, one from the 
Eumolpidae, and one from the Ceryces. 1 

5. 'ETUfj,e?irjTal tuv veupicov, the inspectors of the 
dockyards, formed a regular dpxv, and were not an 
extraordinary commission, as appears from Demos- 
thenes, 2 ^Eschines, 3 and the inscriptions published 
by Bockh,* in which they are sometimes called ol 
apxovreg sv role vecopioig, and their office designated 
an apxti- 5 We learn from the same inscriptions 
that their office was yearly, and that they were ten 
in number. It also appears that they were elected 
by lot from those persons who possessed a knowl- 
edge of shipping. 

The principal duty of the inspectors of the dock- 
yards was to take care of the ships, and all the rig- 
ging, tools, &c. (oKsvf/), belonging to them. They 
also had to see that the ships were seaworthy ; 
and for this purpose they availed themselves of the 
services of a dotafiaorris, who was well skilled in 
such matters. 6 They had at one time the charge 
of various kinds of military cuevf], which did not 
necessarily belong to ships, such as engines of war, 7 
which were afterward, however, intrusted to the 
generals by a decree of the senate and people. 8 
They had to make out a list of all those persons 
who owed anything to the docks, 9 and also to get 
in what was due. 10 We also find that they sold the 
rigging, &c, of the ships, and purchased new, un- 
der the direction of the senate, but not on their own 
responsibility. 11 They had qye/novtav dtnacmipiov in 
conjunction with the dirocToTislc in all matters con- 
nected with their own department. 1 a To assist them 
in discharging their duties, they had a secretary 
(ypa/j-parevs 13 ) and a public servant (drjjibatog ev rolg 
veupioic 1 *). For a farther account of these inspect- 
ors, see Bockh, Urkunden, &c, p. 48-64. 

6. 'EiTi,/j.e?i7]Tal tuv tyvltiv, the inspectors of the 
$v?ml or tribes. . (Vid. Tribus.) 

*EPIME'LIS IkTTifirjXig), a species of Medlar. 
Sprengel sets it down for the Mespilus Germani- 
cus, L. 15 

*EPFOLUS (ttkloIcx;), an insect described by 
Aristotle, and the same, most probably, as Adams 
thinks, with the nvpavarr/c of iElian. Schneider 
supposes it to be the Acarus telarius, L., or Red 
Spider. 16 

*EPIPACTIS (eTrnvaKTig), according to Sprengel, 
the Herniaria glabra. Nothing satisfactory, how- 
ever, is determined, with regard to this herb, by 
Matthiolus, Bauhin, and other botanical writers. 17 

EPIRHE'DIUM. (Vid. Rheda.) 

EIII2KH¥I2 ¥EYAOMAPTTPIQN. (Vid.^ET- 
AOMAPTYPIftN AIKH.) 

EPIS'COPOI (enicKOTToi) were inspectors, who 
were sometimes sent by the Athenians to subject 
states. Harpocration compares them to the Lace- 
daemonian harmosts, and says that they were also 
called tyvTianes. It appears that these knioKoicoi re- 
ceived a salary at the cost of the cities over which 
they presided. 18 

EPISTATES (kiriardTTjc), which means a person 
placed over anything, was the name of two distinct 

1. (Harpocrat. and Suid, s. v. — Demosth., c. Meid., p. 570, 6.) 
-2. (c. Euerg. et Mnes., p. 1145.)— 3. (c. Ctesiph., p. 419.)— 4. 
("Uvkunden, iiber das Seewesen des Attisches Staates," Berlin, 
1840.)— 5. (No. xvi., b, 104, &c— No. x., c, 125.— No. xiv.. c, 
122, 138.)— 6. (Bockh, ibid., No.,ii., 56.)— 7. (No. xi., m.)— 8. 
(No. xvi., o, 195.) — 9. (Demosth., c. Euerg. et Mnes., p. 1145.) 
—10. (Id., c. Androt., p. 612.)— 11. (No. xiv., b, 190, &c, com- 
pared with Nos. xiv., xvi., «.) — 12. (Demosth., c. Euerg. et 
Mnes., p. 1147.)—13. (No. xvi., b, 165.) — 14. (No. xvi., b, 135.) 
— 15. (Paul. iEgin., vii., 3. — Adams, Append., s. v.) — 18. (Aris- 
tot., H. A., viii., 26. — iElian, N. A., xii., 8. — Adams, Append., 
». v.) — 17. (Dioscor., iv., 106. — Adams, Append., s. v.) — 18. 
(Aristoph., Aves, 1022, &c, with schol. — Harpocrat., s. v. — 
Bockh, Fubl. Econ., i., p. 211, 319. — Schomann, Antiq. Juris 
Pub. Gnec, p. 432, 18.) 
412 



classes of functionaries in the Athenian state, name' 
ly, of the chairman of the senate and assembly of 
the people, respecting whose duties, see the arti- 
cles Boule, p. 168, and Ecclesia, p. 386, and also 
of the directors of the public works ('EmoTaTal 
rcjv 6r]fioGL0)v epyuv). These directors had different 
names, as telxottoloi, the repairers of the walls ; 
rpi7]po7rotot, the builders of the triremes ; ra^porcoioi, 
the repairers of the trenches, &c. ; all of whom 
were elected by the tribes, one fix m each : but tl e 
most distinguished of these were the teixottoio'i l 
Over other public buildings a manager of public 
works had the superintendence ; and it was in this 
capacity that Pericles, and subsequently Lycurgus, 
undertook so many works of architecture. In the 
inscriptions relating to the building of the Temple 
of Athena Polias, we find eiriararai mentioned." 
Similar authorities were appointed for the care of 
the roads, and of the supply of water (odonoioi,* kruo- 
raral rtiv vddrov*). 

The directors received the money which was ne- 
cessary for these works from the public treasury 
(ek ttjc dLOCKijceug 6 ). 

EPPSTOLA. (Vid. Constitute.) 

EPIST'OLEUS (ETTUjroXevc) was the officer sec- 
ond in rank in the Spartan fleet, and succeeded tc 
the command if anything happened to the vavdpxot; 
or admiral. 6 Thus, when the Chians and the other 
allies of Sparta on the Asiatic coast sent to Sparta 
to request that Lysander might be again appointed 
to the command of the navy, he was sent with the 
title of ettlctoIevc, because the Jaws of Sparta did 
not permit the same person to hold the office of 
vavdpxoq twice. 7 

EPISTY'LIUM, the architrave zt iovi sr member 
of an entablature (coronix) which lies immediately 
over the column. 8 When an intercolumniation w£*j 
of the kind called arseostyle, that is, when the col- 
umns were more than three diameters apart, the 
epistylium was necessarily made of wood instead of 
stone ; 9 a construction exemplified by the restora- 
tion in the annexed woodcut 10 of the Doric portico 
which surrounds three sides of the Forum at Pom- 
peii. The holes seen at the back of the frieze re- 
ceived the beams which supported an upper gallery. 




EPISYNTHE'TICI (kiriavvderiKoi), an ancient 
medical sect, so called because they heaped up in a 
manner (EincvvTidrjfii), and adopted for their own 
the opinions of different, and even opposite, schools. 
They appear to have been a branch of the Method- 



1. (^Eschin., c. Ctes., p. 400, 422, 425.) -2. (Bockh, PuW 
Econ. of Athens, i., p. 272.)— 3. (^Jschin., c. Ctes., p. 419.)— i. 
(Plutarch, Them., 31.— Schomann. Antiq. Juris Pub. Graec, p 
247.)— 5. (.Sschin., c. Ctes., p. 425.)— 6. (Xen., Hell., i., 1, 
23; iv., 8, v Hi v., 1, <> 5, 6.— Stnrz, Lex. Xen., s. v.)—* 
(Xen., Hell., ii., 1, § 7.)— 8. (Festus, s. v.)— 9 (Vitruv . Hi., &* 
— 10. (Pompeii, vol i., p. 143.) 



EPITROPOS. 



EPONYMOS. 



ici (vid. Methodici 1 ), and to have been founded by 
Agathinus of Sparta, the pupil of Athenseus, to- 
wards the end of the first century of the Christian 
era. 8 Galen informs us 3 that the sect was also 
sometimes called eKXexTiMJ, and sometimes tan/op. 
(Vid. Hectici.) The only other ancient physician 
(as far as the writer is aware) who is mentioned as 
having belonged to this sect, is Leonides of Alex- 
nndrea, 4 who is supposed by Sprengel 5 to have 
lived in the third century, as he himself quotes Ga- 
J< n,' while Galen never mentions him. Little is 
known of the opinions of either of these physicians, 
and nothing sufficiently characteristic to enable us 
to determine what were the peculiar tenets of their 
sect, which are, however, supposed to have nearly 
agreed with those of the Eclectici. (Vid. Eclec- 
tici.) 

EPITHALAMIUM. (Vid. Marriage.) 

*EPITH'YMON (ETrWvfiov), a weed which is par- 
asitic on thyme, furze, heath, and other plants. 
Allston, Dierbach, and Sprengel follow Bauhin in 
referring it to the Cuscuta Ejpithymus, or Lesser 
Dodder of Thyme. 7 

EPITPMIA (kTUTLfiia). (Vid. Atimia ; Civitas, 
Greek, p. 259.) 

EIIITPIHPAPXH'MATOS A1KH. (Vid. Lei- 

TOURGIA.) 

EniT'POriHS TPA4>H. (Vid. Epitropos.) 
EPITROPOS (kmrpoTtoc), which signifies, literal- 
ly, a person to whom anything is given in charge, 8 
occurs, however, much more frequently in the sense 
of a guardian of orphan children. Of such guardi- 
ans there were at Athens three kinds : first, those 
appointed in the will of the deceased father ; sec- 
ondly, the next of kin, whom the law designated as 
tutores legitimi in default of such appointment, and 
who required the authorization of the archon to en- 
able them to act ; and, lastly, such persons as the 
archon selected, if there were no next of kin living 
to undertake the office. The duties of the guardian 
comprehended the education, maintenance, and pro- 
tection of the wajrd, the assertion of his rights, and 
the safe custody and profitable disposition of his in- 
heritance during his minority, besides making a 
proper provision for the widow if she remained in 
the house of her late husband. In accordance with 
these, the guardian was bound to appear in court in 
all actions in behalf of or against his ward, and give 
in an account of the taxable capital (rifir/fia) when 
an elatpopd (the only impost to which orphans were 
liable) was levied, and make the proportionate pay- 
ment in the minor's name. With reference to the 
disposition of the property, two courses were open 
to the guardian to pursue, if the deceased had left 
no will, or no specific directions as to its manage- 
ment, viz., to keep it in his own hands, and employ 
it as he best could for the benefit of the minor (6101- 
keIv), or let it out to farm to the highest bidder (fiia- 
dovv rbv olkov). In the former case, it seems proba- 
ble 9 that a constant control of the guardian's pro- 
ceedings might be exercised by the archon ; and a 
special law ordained that all money belonging to a 
minor should be vested in mortgages, and upon no 
account be lent out upon the more lucrative but 
hazardous security of bottomry. 10 

To ensure the performance of these duties, the 
law permitted any free citizen to institute a public 
action, as, for instance, an apagoge or eisangelia, 
against a guardian who maltreated his ward (koku- 
veor bptpavov), or a ypcHpr) £7UTpo7r^c, for neglect or 

1. (Pseudo-Galen, Introduct., c. 4, p. 684, ed. Kiihn.) — 2. 
(Galen, Defimt. Med., c. 14, p. 353.)— 3. (Ibid.)— 4. (Pseudo- 
Galen, Introduct., 1. c.)— 5. (Hist, de la Med.)— 6. (apud Aetii 
Tetrab., iv., serm. 2, c. 11, col. 688.) — 7. (Dioscor., iv., 176. — 
Adams, Append., s. v.) — 8. (Demosth., c. Aphob., i., p. 819, 18.) 
—9. (Demosth., c. Onetor., i., p. 865, 17.) — 10. (Suidas, s. t. 
'Eyycior.) 



injur)' of his person or property ; and the punish 
ment, upon conviction, depended entirely upon the 
greater or less severity of the dicasts. 1 If the 
guardian preferred that the estate should be farmed, 
the regular method of accomplishing this was by 
making an application to the archon, who thereupon 
let the inheritance to the highest bidder, and took 
care that the farmer should hypothecate a sufficient 
piece of ground or other real property to guaranty 
the fulfilment of the contract (inroTip.rip.a). In soi ae 
cases the guardian might be compelled to adopt this 
course or be punished, if the lease were irregularly 
or fraudulently made, by a phasis, which, upon this 
occasion, might be instituted by any free citizen. 
The guardianship expired when the ward had at- 
tained his eighteenth year, and, if the estate had 
been leased out, the farmer paid in the market- 
place the capital he had received to trade with, and 
the interest that had accrued ; 2 if, however, the in- 
heritance had been managed by the guardian, it 
was from him that the heir received his property 
and the account of his disbursements during the 
minority. In case the accounts were unsatisfacto- 
ry, the heir might institute an action kmTpo-xris 
against his late guardian ; this, however, was a 
mere private lawsuit, in which the damages and 
epobelia only could be lost by the defendant, to the 
latter of which the plaintiff was equally liable upon 
failing to obtain the votes of a fifth of the dicasts. 
This action was barred by the lapse of five years 
from the termination of the guardianship ; and if 
the defendant in it died before that time, an action 
(3Aa6?)g would lie against his representatives to re- 
cover what was claimed from his estate. 3 

EPOBELTA (eKuSeMa), as its etymology implies, 
at the rate of one obolus for a drachma, or one in 
six, was payable on the assessment ('iurjua) of sev- 
eral private causes, and sometimes in a case oi 
phasis, by the litigant that failed to obtain the votes 
of one fifth of the dicasts.* It is not, however, 
quite certain that such was invariably the case 
when the defeated suitor was the defendant in 
the cause; 3 though in two great classes, name- 
ly, cross-suits (uvTiypatyai), and those in which a 
preliminary question as to the admissibility of the 
original cause of action was raised (■napaypadai), it 
may be confidently asserted. As the object of the 
regulation was to inflict a penalty upon litigiousness, 
and reimburse the person that was causelessly at- 
tacked for his trouble and anxiety, the fine was paid 
to the successful suitor in private causes, and those 
cases of phasis in which a private citizen was the 
party immediately aggrieved. In public accusa- 
tions, in general, a fine of a thousand drachmas, 
payable to the public treasury, or a complete or 
partial disfranchisement, supplied the place of the 
epobelia as a punishment for frivolous prosecutions. 

EPO'MIS (e7r<j///c). (Vid. Tunica.) 

EPO'NYMOS ( : Eir6vv/j.oc, having or giving a 
name) was the surname of the first of the nine ar- 
chons at Athens, because his name, like that of the 
consuls at Rome, was used in public records to 
mark the year. (Vid. Archon.) The expressior 
k-uvvfioL ruv 7}?AKtuv, whose number is stated b> 
Suidas, the Etymologicum Magn., and other gram- 
marians, to have been forty, likewise applies to the 
chief archon of Athens. Every Athenian had to 
serve in the army from his 19th to his 60th year, i. 
c, during the archonship of forty archons. Now, as 
an army generally consisted of men from the age 
of 18 to that of 60, the forty archons under whom 
they had been enlisted were called t-xuvv\ioi tuv 



1. (Meier, Att. Proc, p 294.)— 2. (Demosth., c. Aphob., 1, 
p. 832, 1.)— 3. (Meier, Att. Proc. p. 444, &c.)— 4. (Demosth., c 
Aphob., p. 834, 25.— c. Euerg.et Mnes., p. 1158, 20.)— 5. (Meier, 
Att. Proc., p. 730.) 

413 



EPULONES. 



EQUATES. 



jfliKiuv, m order to distinguish them from the kiru- 
wfiot tu>v pvlQv. 1 At Sparta the first of the five 
ephors gave his name to the year, and was there- 
fore called tyopoc ETruvvfioc* 

It was a very prevalent tendency among the an- 
cients in general to refer the origin of their institu- 
tions to some ancient or fabulous hero (apxny^VQ 3 )-, 
from whom, in most cases, the institution was also 
believed to have derived its name, so that the hero 
became its apxvy^ T V c enuvvf/oc. In later times 
new institutions were often named after ancient he- 
roes, on account of some fabulous or legendary 
connexion which was thought to exist between 
them and the new institutions, and the heroes 
thus became, as it were, their patrons or tutelary 
deities. A striking instance of this custom are the 
names of the ten Attic tribes instituted by Cleisthe- 
nes, all of which were named after some national 
hero.* These ten heroes, who were at Athens gen- 
erally called the enuvvfioi, or ekuvvjiol tuv (pvhtiv, 
were honoured with statues, which stood in the 
Ceramicus, near the Tholos. 5 If an Athenian citi- 
zen wished to make proposals for a new law, he ex- 
hibited them for public inspection in front of these 
statues of the eiruvvfioc, whence the expression ek- 
Oetvat Ttpoadev rdv E7ruvvp,G)v, or Tfpbc tovc ettuvv/iovc. 6 

*EPOPS (sKof), a species of Bird. " It can hard- 
ly admit of a doubt," remarks Adams, " that this 
was the Upupa Epops, L., called in English the 
Hoopoe. It is well described in the Aves of Aris- 
tophanes. 7 Tereus was fabled to have been meta- 
morphosed into this bird. The description given 
by Ovid 8 in relating this metamorphosis is very 
striking : 

" Cui slant in vertice crista ; 

Prominet immodicum pro longa cuspide rostrum : 

Nomen Epops volucri." 

EPOPTAI. (Vid. Eleusinia.) 

EPOTIDES. (Vid. Navis.) 

EPULO'NES, who were originally three in num- 
ber [Triumviri Epulones), were first created in B.C. 
198, to attend to the Epulum Jovis, 9 and the ban- 
quets given in honour of the other gods, which 
duty had originally belonged to the pontifices. 10 
Their number was afterward increased to seven, 11 
and they were called Septemviri Epulones or Sep- 
temviri Epulonum ; under which names they are 
frequently mentioned in inscriptions. 12 Julius Caesar 
added three more, 13 but after his time the number 
appears again to have been limited to seven. The 
following woodcut, taken from a denarius of the 
Ccelian gens, of which a drawing is given by Span- 
heim, 1 * represents on the reverse an Epulo preparing 
a couch for Jupiter, according to custom, in the 
Epulum Jovis. On it is inscribed L. Caldus VII. 
Vir Epul. 




1. (Compare Demosth. ap. Harpocrat., s. v. 'ETrwvv/iot, and 
Bekker, Anecdota, p. 245.)— 2. (Paus., iii., 11, $ 2.)— 3. (De- 
aiosth., c Macart., p. 1072.) — 4. (Demosth., Epitaph., p. 1397, 
&c. — Paus., i., 5.) — 5. (Paus., i., 5, $ 1. — Suid. and Etymol. 
MagB., s. v. 'E7rwvu/iOf .) — 6. (iEschin., c. Ctes., p. 59, ed. Steph. 
—Wolf, Proleg. ad Demosth., Leptin., p. 133.)— 7. (47.— Com- 
pare Lys., 771.) -8. (Met., vi., 672.)— 9. (Val. Max., ii., 1, 4 2. 
—Liv., xxxi., 4.— Gell., xii., 8.)— 10. (Liv., xxxiii., 42.— Cic, 
De Orat., iii., 19.— De Harusp. Respons., 10. — Festus, s. v. 
Epulonos.) — 11. (Gell., i., 12.— Lucan, i., 602.) — 12. (Orelli, 
In.scrip., No. 590, 773, 2259, 2260, 2365.)— 13. (Dion Cass., 
xJiii., 51.)— 14. (De Pise?\. et Usu Numism., vol. ii., p. 85.) 
414 



The Epulones formed a collegium, and ■» erj ona 
of the four great religious corporations at Rome ; 
the other three were those of the Pontifices, Augures, 
and Quindecemviri. 1 

EPULUM JOVIS. (Vid. Epulones.) 

EQUI'RIA were horse-races, which are said to 
have been instituted by Romulus in honour of Mars, 
and were celebrated in the Campus Martius. 2 There 
were two festivals of this name, of which one was 
celebrated A.D. III. Cal. Mart., and the other prid 
Id. Mart. 3 If the Campus Martius was overflowed 
by the Tiber, the races took place on a part of tho 
Mons Coelius, which was called from that circum- 
stance the Martialis Campus.* 

EQUITES. The institution of the Equites is 
attributed to Romulus. Livy 5 says that Romulus 
formed three centuries of equites, the Ramnes, Titi- 
enses, and Luceres. He does not mention the num 
ber of which these centuries consisted ; but there 
can be little doubt that the 300 celeres, whom 
Romulus kept about his person in peace and war, 6 
were the same as the three centuries of equites. 
Dionysius, 7 who does not speak of the institution of 
the equites, says that the celeres formed a body- 
guard of 300, divided into three centuries ; and 
Pliny 8 and Festus 9 state expressly that the Roman 
equites were originally called celeres. (Vid. Ce- 
leres.) 

To the 300 equites of Romulus, ten Alban turmae 
were added by Tullus Hostilius. 10 As the turma in 
the legion consisted of 30 men, there is no reason 
for supposing a different number in these turmse ; 
and the equites would therefore, in the time of 
Tullus Hostilius, amount to 600. Tarquinius Pries, 
cus, according to Livy, 11 wished to establish some 
new centuries of horsemen, and to call them by his 
own name, but gave up his intention in consequence 
of the opposition of the augur Attus Navius, and 
only doubled the number of the centuries. The 
three centuries which he added were called the 
Ramnes, Titienses, and Luceres Posteriores. The 
number ought, therefore, now to.be 1200 in all, 
which number is given in many editions of Livy, 18 
but is not found in any MS. The number in the 
MSS. is different, but the Florentine and the Wor- 
mian have 1800, which has been adopted by Gro- 
novius, and appears the most probable. Livy has 
apparently forgotten to mention that the 300 equites 
of Romulus w T ere doubled on the union with the 
Sabines ; which Plutarch 13 alludes to when he says 
that the Roman legion contained 300 horsemen, 
and, after the union with the Sabines, 600. 

The complete organization of the equites Livy 14 
attributes to Servius Tullius. He says that this 
king formed (scripsit) 12 centuries of equites from 
the leading men of the state (ex primoribus civitatis) ; 
and that he also made six centuries out of the three 
established by Romulus. Thus there were now 18 
centuries. As each of the 12 new centuries proba- 
bly contained the same number as the six old cen- 
turies, if the latter contained 1800 men, the former 
would have contained 3600, and the whole number 
would have been 5400. 

The account, however, which Cicero 15 gives is 
quite different. He attributes the complete organi- 
zation of the equites to Tarquinius Priscus. He 
agrees with Livy in saying that Tarquinius Priscus 
increased the number of the Ramnes, Titienses, and 
Luceres, by adding new centuries under the name 
of Ramnes, Titienses, and Luceres secundi (not, 



1. (Dion Cass., liii., 1 ; lviii., 12.— Plin., Ep., x., 3.— Vid. 
Walter, Geschichte des Rom. Rechts, p. 183.)— 2. (Festas, s. 
v. — Varro, Ling-. Lat., vi., 13. — Miiller.) — 3. (Ovid, Fast- ii., 
859 ; iii., 519.)— 4. (Festus. s. r. Mart. Campus.)— 5. (i_ .j3.)— 
6. (Liv., i., 15.)— 7. (ii.. 13.^—8. (H. N., xxxiii., 9.)— 9 x s. -. 
—10. (Liv., i., 30.V-U /i., 36.)— 12. (1. c.)-13. (Rom., 3 
20.)— 14. (i., 43.)— 15. (De Rep., ii.. 20.) 






EQUITES. 



EQUITES. 



however, postcriorcs, as Livy states ; compare Fes- 
tus. s. v. Sex Vesta) ; but he differs from him in 
stating that this king also doubled their number 
after the conquest of the yEqui. Scipio, who is 
represented by Cicero as giving this account, also 
says that the arrangement of the equites which was 
made by Tarquinius Priscus continued unchanged 
to his day (B.C. 129). The account which Cicero 
gave of the equites in the constitution of Servius 
Tullius is unfortunately lost, and the only words 
which remain are duodeviginti censu maximo ; but it 
is difficult to conceive in what way he represented 
*?ze division of the 18 centuries in the Servian con- 
stitution, after he had expressly said that the or- 
ganization of the body by Tarquinius Priscus had 
continued unchanged to the time of Scipio. 

Cicero also differs from Livy respecting the num- 
ber of the equites. Scipio states, according to the 
reading adopted in all editions of the " De Republi- 
ca," that Tarquinius Priscus increased the original 
number of the equites to 1200, and that he subse- 
quently doubled this number after the conquest of 
the ^Equi, which account would make the whole 
number 2400. The MS., however, has ooACCC, 
which is interpreted to mean mille ac ducentos ; but, 
instead of this, Zumpt 1 proposes to read qoDCCC, 
1800, justly remarking that such a use of ac never 
occurs in Cicero. This reading would make the 
number 3600, which Zumpt believes to have been 
the regular number of the equites in the flourishing 
times of the Republic. It appears, however, impos- 
sible to determine their exact number, though there 
are strong reasons for believing that it was fixed, 
whether we suppose it to have been 5400, 3600, or 
2400. 

Both authors, however, agree in stating that each 
of the equites received a horse from the state (equus 
publicus), or money to purchase one, as well as a 
sum of money for its annual support ; and that the 
expense of its support was defrayed by the orphans 
and unmarried females ; since, says Niebuhr,' " in 
a military state it could not be esteemed unjust that 
the women and the children were to contribute 
largely for those who fought in behalf of them and 
of the Commonwealth." According to Gains, 3 the 
purchase-money for a knight's horse was called as 
equestre, and its annual provision as hordearium. 
( Vid. Ms Hordearium.) The former amounted, ac- 
cording to Livy,* to 10,000 asses, and the latter to 
2000 : but these sums art; so large as to be almost 
incredible, especially when we take into account that 
126 years afterward a sheep was only reckoned at 
10, and an ox at 100 asses in the tables of penal- 
ties. 5 The correctness of these numbers has ac- 
cordingly been questioned by some modern writers, 
while others have attempted to account for the 
largeness of the sum. Niebuhr 6 remarks that the 
sum was doubtless intended not only for the pur- 
chase of the horse, but also for its equipment, which 
would be incomplete without a groom or slave, who 
had to be bought and then to be mounted. Bockh 7 
supposes that the sums of money in the Servian 
census are not given in asses of a pound weight, but 
in the reduced asses of the first Punic war, when 
they were struck of the same weight as the sextans, 
that is, two ounces, or one sixth of the original 
weight. {Vid. As, p. 110.) Zumpt considers that 
1000 asses of the old weight were given for the pur- 
chase of the horse, and 200 for its annual provision ; 
and that the original sum has been retained in a 
passage of Varro {equum publicum mille assariorum*). 

1. (" Ueber die Romischen Rittcr und den Ritterstand in 
Rom.," Berlin, 1840.) — 2. (Hist, of Rome, 1., p. 461.) — 3. (iv., 
*7.) — 4. (i., 43.) — 5. (Aul. Gnll., xi., 1.)— 6. (i., p. 433.)— 7. 
(Metrolog. Untertuch., c. 29.)— 8. (De Ling. Lat., viii., 71, ed. 
Millar.) 



All the equites, of whom we have been &peak ng, 
received a horse from the state, and were included 
in the 18 equestrian centuries of the Servian consti- 
tution ; but, in course of time, we read of anothei 
class of equites in Roman history, who did not re- 
ceive a horse from the state, and were not included 
in the 18 centuries. This latter class is first men 
tioned by Livy 1 in his account of the siege of Veii, 
B.C. 403. He says that during the siege, when tho 
Romans had at one time suffered great disasters, 
all those citizens who had an equestrian fortune, 
and no horse allotted to them (quibus census equester 
erat, equipublici non erant), volunteered to serve with 
their own horses ; and he adds, that from this time 
equites first began to serve with their own horses 
{turn primum equis merere equites cozpcrunt). The 
state paid them {ccrtus numerus aris est assignatus) 
as a kind of compensation for serving with their own 
horses. The foot soldiers had received pay a few 
years before ; a and two years afterward, B.C. 401, 
the pay of the equites was made threefold that of 
the infantry. 3 

From the year B.C. 403, there were therefore two 
classes of Roman knights : one who received horses 
from the state, and are therefore frequently called 
equites equo publico,* and sometimes Flexumines or 
Trossuli, the latter of which, according to Gottling, 
is an Etruscan word ; 5 and another class, who serv- 
ed, when they were required, with their own horses, 
but were not classed among the 18 centuries. As 
they served on horseback, they were called equites ; 
and, when spoken of in opposition to cavalry, which 
did not consist of Roman citizens, they were also 
called equites Romani ; but they had no legal claim 
to the name of equites, since in ancient times this 
title was strictly confined to those who received 
horses from the state, as Pliny 6 expressly says, 
" Equitum nomen subsistcbat i i turmis equorum pub' 
licorum." 

But here two questions arise. Why did the 
equites, who belonged to the 18 centuries, receive a 
horse from the state, and the others not 1 and how 
was a person admitted into each class respectively 1 
These questions have occasioned much controversy 
among modern writers, but the following account is 
perhaps the most satisfactory : 

In the constitution of Servius Tullius, all the Ro- 
man citizens were arranged in different classes ac- 
cording to the amount of their property, and it may 
therefore fairly be presumed that a place in the cen- 
turies of equites was- determined by the same quali- 
fication. Dionysius 7 expressly says that the equites 
were chosen by Servius out of the richest and most 
illustrious families ; and Cicero, 8 that they were of 
the highest census (censu maximo). Livy 9 also 
states that the twelve centuries formed by Servius 
Tullius consisted of the leading men of the state. 
None of these writers, however, mention the prop- 
erty which was necessary to entitle a person to a 
place among the equites ; but it was probably of the 
same amount as in the latter times of the Republic, 
that is, four times that of the first class. Every one, 
therefore, who possessed the requisite property, and 
whose character was unblemished (for the latter 
qualification appears to have been always necessary 
in the ancient times of the Republic), was admitted 
among the equites of the Servian constitution ; and 
it may be presumed that the twelve new centuries 
were created in order to include all those persons in 
the state who possessed the necessary qualifications. 
Niebuhr, 10 however, supposes that the qualification 



1. (v., 7.)— 2. (Liv., iv., 59.)— 3. (Liv., v., 12.— Vid. Niebuhr, 
ii., p. 439.)— 4. (Cic, Phil., vi., 5.)— 5. (Plin., H. N., xxxiii., 9 
— Festus, s. v.— Gottling, Gesch. der Rdm. Staatsv., p. 372.)— f 
— (H. N., xxxiii.)— 7. (iv., 18.) — 8. (De Rep., ii., 22.) — 9. (i. 
43.)— 10. (Hist, of Rome, i., 427, &c.) 

415 



EQU11&&. 



EQUITES. 



of property was only necessary for admission into 
the twelve new centuries, and that the statement of 
Diorysius, quoted above, ought to be confined to 
ther.e centuries, and not applied to the whole eight- 
een. He maintains that the twelve centuries con- 
sisted exclusively of plebeians ; and that the six old 
centuries, which were incorporated by Servius into 
his comitia, under the title of the sex suffragia, com- 
prised all the patricians, independent of the amount 
of property which they possessed. This account, 
however, does not seem to rest on sufficient evi- 
dence ; and we have, on the contrary, an express 
instance of a patrician, L. Tarquitius, B.C. 458, who 
was compelled, on account of his poverty, to serve 
on foot. 1 That the six old centuries consisted en- 
tirely of patricians is most probable, since the ple- 
beians would certainly not have been admitted 
among the equites at all till the Servian constitu- 
tion ; and as by this constitution new centuries 
were created, it is not likely that any plebeians 
would have been placed among the ancient six. 
But we have no reason for supposing that these six 
centuries contained the whole body of patricians, or 
that the twelve consisted entirely of plebeians. We 
may suppose that those patricians who belonged to 
the six were allowed by the Servian constitution to 
continue in them, if they possessed the requisite 
property ; and that all other persons in the state, 
whether patricians or plebeians, who possessed the 
requisite property, were admitted into the twelve 
new centuries. That the latter were hot confined 
to plebeians may be inferred from Livy, who says 
that they consisted of the leading men in the state 
(-primores civitatis), not in the commonalty. 

As vacancies occurred in the eighteen centuries, 
the descendants of those who were originally en- 
rolled succeeded to their places, whether plebeians 
or patricians, provided they had not dissipated their 
property ; forNiebuhr goes too far when he asserts 
that all vacancies were filled according to birth, in- 
dependent of any property qualification. But in 
course of time, as population and wealth increased, 
She number of persons who possessed an equestrian 
fortune also increased greatly ; and as the number 
of equites in the 18 centuries was limited, those 
persons whose ancestors had not been enrolled in 
the centuries could not receive horses from the state, 
and were therefore allowed the privilege of serving 
with their own horses among the cavalry, instead of 
the infantry, as they would otherwise have been 
obliged to have done. Thus arose the two distinct 
classes of equites, which have been already men- 
tioned. 

The inspection of the equites w T ho received hor- 
ses from the state belonged to the censors, who had 
the power of depriving an eques of his horse, and 
reducing him to the condition of an aerarian, 2 and 
also of giving the vacant horse to the most distin- 
guished of the equites who had previously served at 
their own expense. For these purposes they made, 
during their censorship, a public inspection in the 
Forum of all the knights who possessed public hor- 
ses (equitatum rccognoscunt ; 3 equitum centurias re- 
cognoscunt*). The tribes were taken in order, and 
each knight was summoned by name. Every one, 
as bis name was called, walked past the censors, 
leading his horse. This ceremony is represented on 
the reverse of some of the censorial coins which 
have been published by Spanheim, 5 and which are 
copied in the annexed woodcuts. The first is a de- 
narius of the Licinian gens, and is supposed by 
Spanheim to have been struck during the censor- 



1 (Liv., iii., T i —2. (Liv., xxiv., 43.)— 3. (Liv., xxxix., 44.) 
-4 (Val. Max., ii., 9, $6* )— 5. (De Priest, et TJsu Numisra., 
ol ii., p. 101, od Verburg ) 

4115 



ship of P. Licinius Crassus, who was ceittw with 
Julius Caesar. 1 

The next is the reverse of one of the coins of 
the Emperor Claudius, in which the emperor is 
represented sitting, while a knight stands before 
him leading his horse. The word censor is written 
underneath, which title we know, from Dion Cas- 
sius, 2 was assumed by some of the emperors. 




If the censors had no fault to find either with the 
character of the knight or the equipments of his 
horse, they ordered him to pass on (traduc cquun 3 ) ; 
but if, on the contrary, they considered him unwor- 
thy of his rank, they struck him out of the list of 
knights, and deprived him of his horse, 4 or ordered 
him to sell it, 5 with the intention, no doubt, that the 
person thus degraded should refund the money 
which had been advanced to him for its purchase 6 
At the same review, those equites who had served 
the regular time, and wished to be discharged, were 
accustomed to give an account to the censors of the 
campaigns in which they had served, and were then 
dismissed with honour or disgrace, as they might 
have deserved. 7 

This review of the equites by the censors must 
not be confounded with the Equitum Transvcctio, 
which was a solemn procession of the body every 
year on the Ides of Quintilis (July). The procession 
started from the Temple of Mars outside the city, 
and passed through the city, over the Forum, and by 
the Temple of the Dioscuri. On this occasion the 
equites were always crowned with olive chaplets, 
and wore their state dress, the trabea, with all the 
honourable distinctions which they had gained in 
battle. 9 According to Livy, 9 this annual procession 
was first established by the censors Q. Fabius and 
P. Decius, B.C. 304 ; but, according to Dionysius,' 
it was instituted after the defeat of the Latins near 
the Lake Regillus, of which an account was brought 
to Rome by the Dioscuri. 

It may be asked, how long did the knight retain, 
his public horse, and a vote in the equestrian cen- 
tury to which he belonged 1 On this subject ws 
have no positive information ; but, as those equites 
who served with their own horses were only obliged 
to serve for ten years (stipendia, crpareiag), under 
the age of 46, n we may presume that the same rule 
extended to those who served with the public hor- 
ses, provided they wished to give up the service. 
For it is certain that in the ancient times of the 
Republic a knight might retain his horse as long as 
he pleased, even after he had entered the senato, 

1. (Fast. Capitol. — Cic, Pro Arch., 6,. — Plin., II. N., xiii., 5 / 
—2. (liii., 18.)— 3. (Val.Max.,iv.,l,H0.)-4. (Liv., xxxix., 44 
—5. (Liv., xxix., 37.— Val. Max., ii., 9, t) 6.)— 6. (Niebuhr, Hiri 
cf Rome, i.,p. 433.)— 7. (Plut., Pomp., c. 22.)— 8. (Dionys., t 
13.)— 9. (ix.,46.)— 10 ll c.)— 11 (Polyb., vi., ID, $2.) 



EQUITES. 



EQUITES. 



provided he continued able to discharge the du- 
ties of a knight. Thus the two censors M. Livius 
Salinator and C. Claudius Nero, in B.C. 204, were 
also equites ; l and L. Scipio Asiaticus, who was 
deprived of his horse by the censors in B.C. 185, 2 
had himsolf been censor in B.C. 191. This is also 
proved by a fragment in the fourth book 3 of Cicero's 
•' De Republica," in which he says, cquitatus, in quo 
guffragia sunt ctiam senatus ; by which he evidently 
means that most of the senators were enabled to 
vote at the Comitia Centuriata in consequence of 
their belonging to the equestrian centuries. But 
during the later times of the Republic, the knights 
were obliged to give up their horses on entering the 
senate, and, consequently, ceased to belong to the 
equestrian centuries. This regulation is alluded to 
in the fragment of Cicero already referred to, in 
which Scipio says that many persons were anxious 
that a plebisciturti should be passed, ordaining that 
the public hori-ss should be restored to the state, 
which decree was, in all probability, passed after- 
ward ; sincr ;> ?.s Niebuhr observes,* " when Cicero 
makes Sci'/'o speak of any measure as intended, 
we are to suppose that it had actually taken place, 
but, according to the information possessed by Ci- 
cero, was later than the date he assigns to Scipio's 
discourse." That the greater number of the equi- 
tes equo publico, after the exclusion of senators 
from the equestrian centuries, were young men, is 
proved by a passage in the work of Q. Cicero, De 
Petitione Consulatus.* 

The equestrian centuries, of which we have hith- 
erto been treating, were only regarded as a division 
of the army ; they did not form a distinct class or 
ordo in the constitution. The community, in a po- 
litical point of view, was only divided into patri- 
cians and plebeians ; and the equestrian centuries 
were composed of both. But in the year B.C. 123, 
a new class, called the Ordo Equestris, was formed 
»n the state by the lex Sempronia, which was intro- 
duced by C. Gracchus. By this law all the judices 
had to be chosen from those citizens who possessed 
an equestrian fortune.* We know very little re- 
specting the provisions of this law ; but it appears 
from the lex Servilia repetundarum, passed 18 years 
afterward, that every person who was to be chosen 
judex was required to be above 30 and under 60 
years of age, to have either an equus publicus, or to 
be qualified by his fortune to possess one, and not 
to be a senator. The number of judices who were 
required yearly was chosen from this class by the 
praetor urbanus. 7 

As the name of equites had been originally ex- 
tended from those who possessed the public horses 
to those who served with their own horses, it now 
came to be applied to all those persons who were 
qualified by their fortunes to act as judices, in which 
sense the word is usually used by Cicero. Pliny, 8 
indeed, says that those persons who possessed the 
equestrian fortune, but did not serve as equites, 
were only called judices, and that the name of equi- 
tes was always confined to the possessors of the 
equi publici. This may have been the correct use 
of the term ; but custom had long since given the 
iiame of equites to the judices chosen in accord- 
ance with the lex Sempronia. 

After the reform of Sulla, which entirely deprived 
the equestrian order of the right of being chosen as 
judices, and the passing of the lex Aurelia (B.C. 70), 
which ordained that the judices should be chosen 
from the senators, equites, and tribuni aerarii, the 
influence of the order, says Pliny, was still main- 

1 (I-iv., xxix., 37.)— 2. (Liv., xxxix., 44.)— 3. (c. 2.)— 4. (i., 
p. 433, note 1016.)— 5. (c. 8 )— 6. (Plut., C. Gracch., 5.— Appi- 
»n, De Bell. Civ., i.,22.-Ta-.., Ann.,xii.,G0.)— 7. (Klenze, Lex 
8«Tv,l, a , fieri., 1825.)— 8 (H N., xxxiii., 7.) 
6 a m 



tained by the publicani, 1 or farmers of the public 
taxes. We find that the publicani were almost al- 
ways called equites, not because any particular rank 
was necessary in order to obtain from the state the 
farming of the taxes, but because the state was not 
accustomed to let them to any one who did not 
possess a considerable fortune. Thus the publica- 
ni are frequently spoken of by Cicero as identical 
with the equestrian order. a {Vid. Publicani.) The 
consulship of Cicero, and the active part which the 
knights then took in suppressing the conspiracy aC 
Catiline, tended still farther to increase the power 
and influence of the equestrian order; and "from 
that time," says Pliny, 3 "it became a third body 
(corpus) in the state, and to the title of Senatus 
Populusque Romanus there began to be added Et 
Equestris Ordo" 

In B.C. 67, a distinction was conferred upon 
them which tended to separate them still farther 
from the plebs. By the lex Roscia Othonis, passed 
in that year, the first fourteen seats in the theatre 
behind the orchestra were given to the equites,* 
which, according to Cicero 5 and Velleius Patercu- 
lus, 6 was only a restoration of an ancient privi- 
lege, which is alluded to by Livy 7 when he says 
that special seats were set apart in the Circus Max- 
imus for the senators and equites. They also pos- 
sessed the right of wearing the clavus angustus 
{vid. Clavus, p. 265), and subsequently obtained 
the privilege of wearing a gold ring, which was 
originally confined to the equites equo publico. 

The number of equites increased greatly under 
the early emperors, and all persons were admitted 
into the order, provided they possessed the requisite 
property, without any inquiry into their character, 
or into the free birth of their father and grandfather, 
which had always been required by the censors un- 
der the Republic. Property became now the only 
qualification ; and the order, in consequence, grad- 
ually began to lose all the consideration which it 
had acquired during the later times of the Repub* 
lie. Thus Horace says, with no small degree 01 
contempt, 

" Si quadringentis sex septem milia desunt, 
Plebs eris."* 

Augustus formed a select class of equites, coiw 
sisting of those equites who possessed the property 
of a senator, and the old requirement of free birth 
up to the grandfather. He permitted this class 
to wear the latus clavus,' 3 and also allowed the 
tribunes of the plebs to be chosen from them as 
well as the senators, and gave them the option, at 
the termination of their office, to remain in the sen- 
ate or return to the equestrian order. 10 This class 
of knights was distinguished by the special title 
illustres (sometimes insignes and splendidi) equites 
Romani. 11 

The formation of this distinct class tended to 
lower the others still more in public estimation. In 
the ninth year of the reign of Tiberius an attempt 
was made to improve the order by requiring the old 
qualifications of free birth up to the grandfather, 
and by strictly forbidding any one to wear the gold 
ring unless he possessed this qualification. Thi? 
regulation, however, was of little avail, as the em- 
perors frequently admitted freedmen into the eques- 
trian order. 19 When private persons were no longer 
appointed judices, the necessity for a distinct class 
in the community, like the equestrian order, ceased 
entirely ; and the gold ring came at length to be 
worn by all free citizens. Even slaves, after their 

1. (Plin., H. N., xxxiii., 8.)— 2. (ad Att., ii., 1, v 8.)— 3. (1 
c.)-4. (Liv., Epit., 99.)— 5. (Pro Mur., 19.)— 6. (ii., 32 )— 7. (i., 
35.)— 8. (Epist., i., 1, 58.)— 9. (Ovid, Trist., IV.. x., 35.)— 10. 
(Suet., Octav., 40.— Dion Cass., liv., 30.)— 11. (Tacit., Ann., 
ii , 4, with the note of J.ipsius.)— 12. (Plin., II. N., xxxiii., 8.) 

417 



EQUITES. 



EQUUS. 



maniimission, were allowed to wear it by special 
permission from the emperor, which appears to have 
been usually granted, provided the patronus con- 
sented. 1 

Having thus traced the history of the equestrian 
order to its final extinction as a distinct class in the 
community, we must now return to the equites 
equo publico, who formed the 18 equestrian centu- 
ries. This class still existed during the latter years 
of the Republic, but had entirely ceased to serve as 
horse-soldiers in the army. The cavalry of the 
Roman legions no longer consisted, as in the time 
of Polybius, of Roman equites, but their place was 
supplied by the cavalry of the allied states. It is 
evident that Caesar, in his Gallic wars, possessed no 
Roman cavalry. 2 When he went to an interview 
with Ariovistus, and was obliged to take cavalry 
with him, we are told that he did not dare to trust 
his safety to the Gallic cavalry, and therefore 
mounted fiis legionary soldiers upon their horses. 3 
The Roman equites are, however, frequently men- 
tioned in the Gallic and civil wars, but never as 
common soldiers ; they were officers attached to 
the staff of the general, or commanded the cavalry 
of the allies, or sometimes the legions. 4 

After the year B.C. 50, there were no censors in 
the state, and it would therefore follow that for 
some years no review of the body took place, and 
that the vacancies were not filled up. When Au- 
gustus, however, took upon himself, in B.C. 29, 
the prsefectura morum, he frequently reviewed the 
troops of equites, and restored, according to Sueto- 
nius, 5 the long-neglected custom of the solemn 
procession (transvectio) ; by which we are probably 
to understand that Augustus connected the review 
of the knights (recognitio) with the annual procession 
tfransvectio) of the 15th of July. From this time 
hese equites formed an honourable corps, from 
which all the higher officers in the army 6 and the 
chief magistrates in the state were chosen. Ad- 
mission into this body was equivalent to an intro- 
duction into public life, and was therefore esteemed 
a great privilege ; whence we find it recorded in 
inscriptions that such a person was equo pullico ho- 
nor atus, exornatus, &c, by the emperor. 7 If a 
young man was not admitted into this body, he was 
excluded from all civil offices of any importance, 
except in municipal towns ; and also from all rank 
in the army, with the exception of centurion. 

All those equites who were not employed in ac- 
tual service were obliged to reside at Rome, 8 where 
they were allowed to fill the lower magistracies, 
which entitled a person to admission into the sen- 
ate. Tbey were divided into six turmas, each of 
which was commanded by an officer, who is fre- 
quently mentioned in inscriptions as Sevir equitum 
Rom., turmx i., n., &c, or, commonly, Sevir turmce, 




Coin of Commodus. 9 



1. (Dig. 40, tit. 10, s. 3.)— 2. (Cffis., Bell. Gall., i., 15.)— 3. 
(Id., i., 42.)— 4. (Id., vii., 70.— Bell. Civ., i., 77 ; iii., 71, &c.)— 
5 (Octav.,38.)— 6. (Suet., Octav., 38 ; Claud., 25.)— 7. (Orelli, 
Inscrip., No. 3457, 313, 1229.)— 8. (Dion Cass., lix., 9.)— 9. 
[Vid. Spanh., De Praest. et Usu Numism., vol. ii., p. 364.) 
418 



or Sevir turmarum equitum Romanorum. From tn«* 
time that the equites bestowed the title of principcs 
juventutis upon Caius and Lucius Caesar, the grand- 
sons of Augustus, 1 it became the custom to confer 
this title, as well as that of Sevir, upon the proba- 
ble successor to the throne, when he first entered 
into public life and was presented with an equua 
publicus. 2 

The practice of filling all the higher offices in the 
state from these equites appears to have continued 
as long as Rome was the centre of the government 
and the residence of the emperor. They are men- 
tioned in the time of Severus 3 and of Caracalla, 4 
and perhaps later. After the time of Diocletian, 
the equites became only a city guard, under the 
command of the Praefectus Vigilum ; but they still 
retained, in the time of Valentinianus and Valens, 
A.D. 364, the second rank in the city, and were 
not subject to corporeal punishment. 5 

The preceding account of the equites has been 
principally taken from the essay of Zumpt already 
referred to ; to which, and to the valuable work of 
Marquardt, Histories. Equitum Romanorum libri iv., 
Berlin, 1840, the reader is referred for a fuller ex- 
planation of those points which have been necessa- 
rily treated with brevity in this article. Respecting 
the Magister Equitum, vid. Dictator, p. 361. 

EQUULEUS or ECULEUS was an instrument 
of torture, which is supposed to have been so 
called because it was in the form of a horse. We 
have no description of its form given by any of the 
ancient writers, but it appears not to have differed 
greatly from the crux. 6 It appears to have been 
commonly used at Rome in taking the evidence of 
slaves. 7 

*EQUUS (t7r7ror), the Horse. The native coun- 
try of this animal is unknown. The Horse waa 
highly esteemed among the Egyptians, who appear 
to have had an excellent breed, and, besides those 
required for the army and private use, many were 
sold to foreign traders who visited the country. 8 
Among the Greeks, the public games, where racing 
formed so conspicuous a part, always induced great 
attention to be paid to this noble animal. The 
Greek horse appears to have been quite small in 
size, if any idea can be formed of its proportions 
from the bas-reliefs of the frieze of the Parthenon, 
forming part of the Elgin marbles. Flaxman speaks 
in terms of high eulogium of the manner in which 
these steeds are represented by the artist. " The 
beholder," he remarks. " is charmed with the deer- 
like lightness and elegance of their make ; and, 
although the relief is not above an inch from the 
background, and they are so much smaller than 
nature, we can scarcely suffer reason to persuade 
us that they are not alive." Horses were sold in 
Attica for comparatively high prices, not only on 
account of their utility, and the difficulty of keeping 
them, but from the disposition of the Athenians to 
extravagance and display: while the knights kept 
expensive horses for military service and proces- 
sions at the festivals, and while men of ambition 
and high rank trained them for the games and 
races, there arose, particularly among the young 
men, an excessive passion for horses, of which 
Aristophanes gives an example in the Clouds, and 
which is recorded by several ancient writers, so 
that many persons were impoverished by keeping 
them. The price of a common horse was three 



1. (Tacit., Ann., i., 3.— Monum. Ancyr.)— 2. (Capitol., M. 
Anton. Phi' ., 6.— Lamprid., Commod., 1.)— 3. (Gruter, Inscrip., 
p. 1001,5.- -Papiiuan in Dig. 29, tit. 1, s. 43.)— 4. (Gruter, n. 
379. 7.)— 5. (Cod. Theodos., 6, tit. 36.)— 6. (Cic, Pro Mil, c. 
21, 'compared with "certa crux," c. 22.)— 7. (Vid. Sigonius, Dfl 
Judiciis, iii., 17. — Magius, " De Equuleo," in Sallengrc's Nov. 
Thesaur. Ant. Rom., vol. ii., p. 1211, &c.) — 8. (Wilkinson's 
Egyptians, vol. i., p. 20, 2d series.) 



EHANOI. 



ERICA. 



mmas ; but a good saddle-horse, or a horse for run- 
ning in chariot-races, according to Aristophanes, 
cost twelve minas. Sometimes, however, fashion, 
or fancy for horses, raised their price beyond all 
limits. Thus thirteen talents were given for Bu- 
cephalus. 1 The Romans, if nature had not furnished 
the horses with a proud and lofty action, used to tie 
rollers of wood and weights to their pastern joints, 
to compel them to lift their feet, a practice particu- 
larly required to go safely, skilfully, and with ease 
to the rider, in the amble. This was the favourite 
pace with the Romans. The Greeks tried their 
horses by a bell, and other loud and sudden noises. 
Such horses as were worn out, and unfit to serve 
with the troops, were turned out, and, as a mark of 
dismission, were branded in the jaw with the figure 
of a circle or a wheel. Virgil says f^at the fleet- 
est steeds among the Greeks came irom Epirus ; 
the studs of Corinth, however, were also remark- 
able for their excellence, and the breed was traced 
back by the register-books to Pegasus. It was cus- 
tomary to mark horses of this breed with a koppa 
on the shoulder, whence the term KoiiTrariac (sc. 

ItTTTOC)? 

ER'ANOI (epavoi) were clubs or societies estab- 
lished for charitable or convivial purposes, or for 
both. They were very common at Athens, and 
suited the temper of the people, who were both so- 
cial and generous. The term epavoc, in the sense 
of a convivial party, is of ancient date. 3 It resem- 
bled our picnics, or the German pikeniks, and was 
also called delnvov airo GTcvpidoe or and av/j.6o2,cov : 
where every guest brought his own dish, or (to save 
trouble) one was deputed to cater for the rest, and 
was afterward repaid by contributions. (Vid. Deip- 
nox.) The clubs that were formed at Athens used 
to dine together at stated periods, as once a month ; 
and every member was bound to pay his subscrip- 
tion, which (as well as the society itself) was called 
Ipavoc, and the members epaviorai. If any member 
failed to pay, the sum was made up by the president, 
kpavdpxrjc, also called tt?.tiput?jc kpdvov, who after- 
ward recovered it, if he could, from the defaulter. 
WAripovv kpavov often means simply to pay the sub- 
scription, as "he'nzeiv or exheiTreiv, to make default.* 

There were also associations under this name for 
the purpose of mutual relief, resembling in some de- 
gree our friendly or benefit societies ; but with this 
essential difference, that the relief which they af- 
forded was not (as it is with us) based upon any 
calculation of natural contingencies, but was given 
pro re nata, to such poor members as stood in need 
of it. The Athenian societies do not appear to have 
kept up a common fund by regular subscriptions, 
though it is probable that the sum which each mem- 
ber was expected to advance, in case of need, was 
pretty well understood. If a man was reduced to 
poverty, or in distress for money from any cause, he 
applied to the members of his club for assistance ; 
this was called avXAeyeiv epavov : those who advan- 
ced it were said kpavl&iv avrCy : the relief was con- 
sidered as a loan, repayable by the borrower when 
in better circumstances. Isaeus 5 reckons among the 
assets of a person, e£ epuvtjv ofay/iara eio7Te7Tpay\ie- 
va, from which we may infer that each contributor 
was entitled to recover the sum he had lent. For 
the recovery of such loans, and for the decision of 
other disputes, there were kpavmal dUai, in which 
a summary and equitable kind of justice was ad- 
ministered. Plato 6 disapproved of lawsuits in such 
matters, and would not allow them in his Republic. 

Salmasius contends that, wherever the term epa- 

1. (Bockh, Publ. Econ. of Athens, vol. i., p. 101, transl.)— 2. 
(Mitchell ad Aristoph., Nub., 23.)— 3. fHor-i., Od., i., 226.)— 4. 
(Demosth., c. Aphob., 821 ; c. Meid., 547 ; c. Aristog., 776.)— 5. 
JDe Hagn H=ered., 294 1—6 (Leg., xi., p. 915.) 



voc is applied to an established society, it ine&iis 
only a convivial club, and that there were no regu- 
lar associations for the purposes of charity ; but 
others have held a different opinion. 1 It is not 
probable that many permanent societies were form 
ed with the sole view of feasting. We know that 
at Athens, as well as in the other Grecian Repub- 
lics, there were clubs for various purposes, political 
as well as social ; the members of which would 
naturally meet, and dine together at certain periods 
Such were the religious companies (diaaoi), the 
commercial (e/nropiKai), and some others. 8 Unions 
of this kind were called by the general name of erai- 
piai, and were often converted to mischievous ends, 
such as bribery, overawing the public assembly, or 
influencing courts of justice. 3 In the days of the 
Roman Empire, friendly societies, under the name 
of epavoi, were frequent among the Greek cities, 
but were looked on with suspicion by the emperors 
as leading to political combinations.* The gilds, or 
fraternities for mutual aid, among the ancient Sax- 
ons, resembled the epavoi of the Greeks. 5 Com- 
pare also the ayanal, or love-feasts of the early 
Christians. 

The word epavoc is often used metaphorically, to 
signify any contributions or friendly advance of 
money. 

*EREBINTHUS (epe6tv6oc), a sort of small pea 
or vetch, Chickpea. " Of the three species or vari- 
eties of the epefjivdoc noticed by Dioscorides, the 
only one that can be satisfactorily determined," ob- 
serves Adams, " is the Kpioc, which is undoubtedly 
the Cicer arietanum." 6 

*ERE'TRIA TERRA ('Eperpidc yv), Eretrian 
Earth, an impure argil, of a snow-white colour, ob- 
tained near the city of Eretria, in Euboea. 7 

ERGA'STULUM was a private prison attached 
to most Roman farms, called career rusticus by Ju- 
venal, 8 where the slaves were made to work in 
chains. It appears to have been usually under 
ground, and, according to Columella, 9 ought to be 
lighted by narrow windows, which should be too 
high from the ground to be touched by the hand. 
The slaves confined in an ergastulum were also 
employed to cultivate the fields in chains. 10 Slaves 
who had displeased their masters were punished by 
imprisonment in the ergastulum ; and in the same 
place all slaves who could not be depended upon, or 
were barbarous in their habits, were regularly kept. 
A trustworthy slave had the care of the ergastulum, 
and was, therefore, called ergastularius. 11 Accord- 
ing to Plutarch, 18 these prisons arose in consequence 
of the conquest of Italy by the Romans, and the 
great number of barbarous slaves who were em- 
ployed to cultivate the conquered lands. In the 
time of Hadrian and Antoninus, many enactments 
were made to ameliorate the condition of slaves ; 
and, among other salutary measures, Hadrian abol- 
ished the ergastula, which must have been liable to 
great abuse in the hands of tyrannical masters. 13 
For farther information on the subject, vid. Brisso- 
nius, Antiq. Select., ii., 9. — Lipsius, Elect., ii., 15. 
Opera, vol. i., p. 317, &c. — Gottling, Gesch. der Rom 
Staatsv., p. 135. 

*ERI'CA {epiKT} or epeiKTj), the Tree-heath, or 
Erica arborea, mentioned by Theophrastus and Di- 
oscorides. 1 * 



1. (Vid. Salmas., De TJsuris, c. 3. — Obs. ad jus Att. et Rom., 
and Herald., Animadv. in Sal., referred to in Meier's Att. Proc., 
p. 540.)— 2. (Bockh, Publ. Econ. of Athens, i., p. 328, 329.)— 3. 
(Thucyd., iii., 82.— Demosth., De Coron., 329.— Thirhvall, Gr. 
Hist., vol. iv., p. 36.)— 4. (Plin., Ep., x., 93, 94.)— 5. (Turner's 
Hist, of the Anglo-Saxons, iv., 10.)— 6. (Theophrast H. P., viii., 
1. — Dioscor., ii., 126. — Adams, Append., s. v.) — 7. (Dioscor., v., 
170.)— 8. (xiv., 24.)— 9. (i., 6.)— 10. (Plin., H. N., xviii., 7, $ 4 — 
Flor., iii., 19.)— 11. (Colum., i., 8.)— 12. (Tib. Gracch., 8.)— 12 
(Spart., Hadr., 18, compared with Gaius, i., 53.) — 14 (TL?> 
phrast., H. P , i., 23 ; ix., 11.— Dirtcor , i., 47 ) 

41Q 



ERYTHRODANUM. 



ESSEDA. 



EIU'CIUS was a military engine, full of sharp 
spikes, which was placed by the gate of the camp 
to prevent the approach of the enemy. 1 

♦ERIN'EUS (epiveog), the Wild Fig-tree, or Ficus 
Carica, L. (Vid. Ficus.) a 

*ERrNUS (epivog), according to Sprengel, the 
Campanula Erinus. Matthiolus and Bauhin, how- 
ever, are quite undecided about it. 3 

*EPIO$OPON AENAPON, the Cotton-tree, or 
Gossypium arboreum. Virgil is supposed to allude 
to it in the following line : " Quid nemora jEthiopum, 
mMli canentia lana?"* 

*ERO'DIUS, the Heron. (Vid. Ardea.) 

EROTIA or EROTIDIA ('Epwno or 'Eporidia) 
was -the most solemn of all the festivals celebrated 
in the Boeotian town of Thespise. It took place 
every fifth year, and in honour of Eros, the princi- 
pal divinity of the Thespians. Respecting the par- 
ticulars nothing is known, except that it was sol- 
emnized with contests in music and gymnastics. 5 
The worship of Eros seems to have been establish- 
ed at Thespise from the earliest times ; and the an- 
cient symbolic representation of the god, a rude 
stone (apybg lidog), continued to be looked upon 
with particular reverence, even when sculpture had 
attained the highest degree of perfection among the 
Greeks. 6 

♦ERU'CA, I. a species of Palmer or Cank- 
er-worm, very injurious to trees, the leaves and 
blossoms of which it eats completely off. This 
scourge of vegetation is produced, according to 
Pliny, during a humid season, and one only moder- 
ately warm. 7 

*II. The herb Rocket, or Brassica Eruca, the 
same with the evfa/iov of the Greeks. The seed 
were used by the ancients as a condiment in food, 
and were employed in place of mustard in Iberia. 
They were also used as an aphrodisiac. Dioscori- 
des 8 and Fiiny 9 make mention of two kinds, the sa- 
tivum and agreste, the latter being the wild kind. 
Sibthorp found this plant at Athens, and also among 
the vineyards in the islands of the Archipelago. — 
The Greek name ev&fiov comes from ev, and &[ios, 
" broth," indicating its being employed in seasoning 
broth ; the Latin appellation is explained by Pliny, 
with reference to the pungent properties of Rocket, 
" quod vellicando linguam quasi erodat." 

*ERVUM, the Tare, or Ervum Ervilia, the same 
with the Greek opo6og. The ancient writers speak 
of two kinds, the sativum and sylvestre. Dioscori- 
des 10 subdivides the former into the red and the white, 
from the colour of the flowers. Aristotle, Columel- 
la, 11 and Pliny 12 make mention of it as used to fatten 
cattle. The modern Greeks still call it />6fo, applying 
this name to both the cultivated and the wild kind. 13 

♦ERYNGIUM (ypvyyiov), the herb Eryngo, oth- 
erwise called Sea-holm or Sea-holly. "Eryngo," 
says Woodville, " is supposed to be the rjpvyyiov 
of Dioscorides." 1 * Sprengel, however, makes the 
r/pvyyiov of Theophrastus 15 to be the Eryngium mari- 
ttmum, but Stackhouse prefers the Eryngium cam- 
pestre. Sprengel, in his R. H. H., refers the vpvyy- 
lov of Dioscorides to the Eryngium planum, but m 
his edition of Dioscorides he admits his uncertainty 
about the species. 16 

*ERYTHROD'ANUM (hpvdpoSavov). "It can 
admit of no doubt," observes Adams, " that the 
kpvdpodavov of Dioscorides and Galen 17 is the Rubia 

1. (Css., Bell. Civ., iii., 67.— Sallust, ap. Non.. xviii., 16— Lip- 
«ius, Poliorcet., v., 4.)— 2. (Horn., Il.,vi.,433.— Theophrast., H. 
P.,ii., 2.)— 3. (Dioscor., iv., 29.)— 4. (Theophrast., H. P., iv., 7. 
— Virg., Georg.. ii., 120.— Adams, Append., s. v.) — 5. (Plut , 
Erot., ix., 1.— Paus., ix., 31, y 3— Athen., xiii., p. 561.) — 6 
(Paus., ix., 27, y 1.— Compare Schol. ad Pind., Olymp., vii., 154.) 
-7. (H. N., xvii., 24.)-8. (ii., 170.)-9. (H. N., xx., 13.)— 10. 
(ii., 131.)—11. (ii.. 11 ; vi , 3.) — 12. (H. N., xxviii., 15.) — 13. 
(Billerbeck, Flora Classica, p. 188.)— 14. (in., 21.)— 15. (H. P., 
*i., 1.)— 16. (Adams, Append., s. v.)— 17. (ui. 150.) 
420 



tinctorum or dyer's Madder. Sprengel is disposed 
to question whether the epvdidavov of Theophras- 
tus 1 be the same, and hesitates whether to make il 
the Rubia lucida, Galium cruciatum, Sm., or the As- 
perula odorata. Stackhouse, however, holds it also 
to be the Rubia tinctorum." 2 

*ERYTHHOPUS (epvdpoirov^), a bird mentioned 
in the Aves of Aristophanes. 3 It was most proba- 
bly, according to Adams, either the Redshank (Seo- 
lopax calidris) or the Bilcock (Rallus aquaticus*). 

*ERYTHRON'IUM (epvdpovcov), a plant, about 
which it is difficult to form any certain opinion. It 
is most probably, however, what is called Dogs- 
tooth, or Erythronium Dens Canis* 

ERYCTE'RES (epvKTijpsc) was the name given to 
the Spartan slaves who followed their masters to the 
wars, and who appear to have been, in course of 
time, manumitted. The name is supposed by Muller 
to have been given to them in allusion to their duty 
of drawing (tpvKetv) the wounded from the ranks.' 

*ESCH'ARUS {eoxapos), the name of a fish brief- 
ly noticed by Athenaeus, and called also aopiQ . Ron- 
delet supposes it a species or variety of Sole, name- 
ly, Pleuronectes solea " 

ESOPTRON {eooTTTpov) (Vid. Speculum.) 

ESSEDA'RII. (Vid. Esseda.) 

E'SSEDA or E'SSEDUM (from the Celtic Ess y 
a carriage 8 ), the name of a chariot used, especially 
in war, by the Britons, the Gauls, and Belgae, 9 and 
also by the Germans. 10 

According to the account given by Caesar, 11 arid 
agreeably to the remarks of Diodorus Siculus, 13 the 
method of using the essedum in the ancient British 
army was very similar to the practice of the Greeks 
in the heroic ages, as described by Homer, and in 
the article Currus, p. 332, 323. The principal dif- 
ference seems to have been that the essedum was 
stronger and more ponderous than the 6i^pog ; that 
it was open before instead of behind ; and that, in 
consequence of these circumstances and the width 
of the pole, the owner was able, whenever he pleas- 
ed, to run along the pole (de temone Britanno exci- 
del 13 ), and even to raise himself upon the yoke, and 
then to retreat with the greatest speed into the body 
of the car, which he drove with extraordinary swift- 
ness and skill. It appears, also, that these cars were 
purposely made as noisy as possible, probably by the 
creaking and clanging of the wheels (strepitu rota- 
rum ; 14 Esseda mul/isonora 15 ) ; and that this was* 
done in order to strike dismay into the enemy. The 
formidable British warriors who drove these char- 
iots, the "car-borne" of Ossian, were called in Latin 
essedarii. 16 There were about 4000 of them in the 
army of Cassibelaunus. 17 Having been captured, 
they were sometimes exhibited in the gladiatorial 
shows at Rome, and seem to have been great fa- 
vourites with the people. 18 They must have held 
the highest rank in the armies of their own country ; 
and Tacitus 19 observes that the driver of the car 
ranked above his fighting companion, which was 
the reverse of the Greek usage. 

The essedum was adopted for purposes of con- 
venience and luxury among the Romans. 30 Cicero" 
mentions the use of it on one occasion by the tribune 
of the people as a piece of extravagance ; but in 
the time of Seneca it seems to have been much 



1. (vi., 1; vii., 19, &c.) — 2. (Adams, Append., s. v.) — 3. 
(304.)— 4.) Adams, Append., s. v.)— 5. (Dioscor., iii., 134.— Bau- 
hin, Pinax, p. 128.— Sprengel, ad Dioscor., p. 554.— Adams, Ap- 
pend., s. v.)— 6. (Athen., p. 271, F — Muller, Dor., 3, iii., y 2.)— 
7. (Adams, Append., s. v.)— 8. (Ginzrot, i., p. 377.)— 9. (Virg., 
Georg., iii., 204. — Servius, ad loc.) — 10. (Pers., vi., 47.) —11. 
(Bell Gall., iv., 33.) - 12. (v., 21, 29.) - 13. (Juv., iv., 125.)- 
14. (Caes., 1. c — Compare Tacit., Agric, 35.) —15. (Claud., 
Epigr., iv.)— 16. (C<es., B. G., iv., 24.— Cic. ad Fam., vii., 6.)— 
17. (Cffis., B. G., v., 19.) — 18. (Sueton., Calig., 35. — Claud, 
26.) — 19. (Agric, 12.) — 20. (Propert., ii.. 1 , 76.) — SI (PhiL, 
ii., 24.) 



EULAI. 



EUPATORIUM. 



more common ; for he 1 reckons the sound of the 
11 essedae transcurrentes" among those noises which 
did not distract him. As used hy the Romans, the 
essedum may have differed from the cisium in this, 
that the cisium was drawn by one horse (see wood- 
cut, p. 257), the essedum always by a pair. The 
3sscdum must have been similar to the Covinus, 
except that the latter had a cover. 

*EULAI (dial), Worms. This term is used by 
the Greek writers on Natural History in much the 
same sense, and with the same latitude, as the 
Latin term Vermes is applied by Cuvier and our 
late naturalists. " The names of worms, a/cwA^, 
tvlal, Mfiivc, in Greek, and Vermes in Latin, were 
employed by the ancients," observes Griffith, "to 
designate certain animals which to a certain degree 
they suited, with much more reference, however, to 
their elongated form of body than to the softness 
of their composition. But, as we have just seen, 
the Greeks had three words for these beings, each 
of which had its peculiar signification. From what 
Aristotle tells us of his oKuXijt; (a word, the root of 
which is undoubtedly <r/co/U6c, 'tortuous'), it is ev- 
ident that it applied to all the animals which exhib- 
ited the form of the common worm, or rather, per- 
haps, whose movements were tortuous, whatever 
might be the nature of the change which they were 
subsequently to undergo. It would seem, however, 
that it was more especially applied to the first de- 
gree of development in insects, to the state in 
which they appear on issuing from the egg of the 
parent. Aristotle certainly extends its application 
no farther than to insects. Such, however, is not 
the case with ^Elian. In two places of his work on 
the nature of animals, where this expression oc- 
curs, he evidently intends the lumbrici, or intesti- 
nal worms ; in a third, it is probable that he alludes 
to the caterpillar of the cabbage-butterfly ; and in 
a fourth, he thus designates, after Ctesias, some fab- 
ulous animal, although he states it to belong to the 
genus of those which are nourished and engendered 
in wood. The term evXal appears to have been 
also employed to designate the form under which 
some insects exist for a greater or less period of 
time, since we find it applied to animals which in- 
habit putrid flesh, and also wounds and ulcers. Its 
extension, therefore, was not very great. iElian 
likewise employs it to designate what, in all proba- 
bility, was a larva, when he tells us that in India the 
peasants remove the land-tortoises from their shell 
with a mattock, in the same manner as they re- 
move the worms from plants which are infested 
by them. Finally, the word Vkfiivc,, which is fre- 
quently used by Hippocrates in many of his works, 
and, among others, in his General Treatise on Dis- 
eases, was applied by him to those animals which 
are at present known under the denomination of 
intestinal worms, of which he was acquainted with 
hut a small number of species. Aristotle has em- 
ployed it in the same manner, as well as JSlian, eve- 
ry time that he speaks of the substances which are 
used to rid dogs of the worms to which they are 
subject. The Latin authors, and Pliny among the 
rest, appear to have restricted the word lumbricus 
to the intestinal worms, and to have rendered the 
three Gre°k denominations by a single one, that of 
Vermes, ft?m which it has happened that the mod- 
erns ha^e been led to the same confusion by the 
word worms, which, as well as the French word 
vers, is evidently derived from the Latin. All the 
oth^r animals, which they comprehended under the 
name of Exsanguia, meaning by that term that they 
had not red blood, were divided into the three class- 
es of Insecta, Mollusca, and Zoophyta. The term 
Vermes did not then possess that undue extension 

1. (Epist., 57.) 



which it obtained among the naturalists of the last 
century, with whom it at last comprehended all an- 
imals with the exception of the Vertebrata, the In- 
secta, and the Crustacea.'" 

EUMOLP'IDAI {EvfiolmSai), the most distin- 
guished and venerable among the priestly families 
in Attica. They were devoted to the service of 
Demeter at Athens and Eleusis, and were said to 
be the descendants of the Thracian bard Eumolpus, 
who, according to some legends, had introduced 
the Eleusinian mysteries into Attica. 2 The high- 
priest of the Eleusinian goddess (lepofuvTqc. or fiver 
Tayoyoc.), who conducted the celebration of her 
mysteries and the initiation of the myslae, was al- 
ways a member of the family of the Eumolpidae, as 
Eumolpus himself was believed to have been the 
first hierophant. 3 In his external appearance the 
hierophant was distinguished by a peculiar cut of 
his hair, a kind of diadem (arpo^cov), and a long 
purple robe.* In his voice he seems always to 
have affected a solemn tone suited to the sacred 
character of his office, which he held for life, and 
which obliged him to remain unmarried. 5 The hi- 
erophant was attended by four emfielyTai, one of 
whom likewise belonged to the family of the Eu- 
molpidae.' Other members of their family do not 
seem to have had any particular functions at the 
Eleusinia, though they undoubtedly took part in the 
great procession to Eleusis. The Eumolpidae had 
on certain occasions to offer up prayers for the wel- 
fare of the state, and in case of neglect they might; 
be taken to account and punished ; for they were, 
like all other priests and magistrates, responsible 
for their conduct, and for the sacred treasures in- 
trusted to their care. 7 (Compare Euthyne.) 

The Eumolpidae had also judicial power in cases 
where religion was violated (mpl aoeSeiac. 9 ). This 
power probably belonged to this family from the 
earliest times, and Solon as well as Pericles do not 
seem to have made any alteration in this respect. 
Whether the religious court acted independent of 
the archon king, or under his guidance, is un- 
certain. The law, according to which they pro- 
nounced their sentence, and of which they had the 
exclusive possession, was not written, but handed 
down by tradition ; and the Eumolpidae alone had 
the right to interpret it, whence they are sometimes 
called k^rjyrjTai. (Vid. Exegetai.) In cases for 
which the law had made no provisions, they acted 
according to their own discretion. 9 Respecting the 
mode of proceeding in these religious courts, no- 
thing is known. 10 In some' cases, when a person 
was convicted of gross violation of the public insti- 
tutions of his country, the people, besides sending 
the offender into exile, added a clause in their ver- 
dict that a curse should be pronounced upon him by 
the Eumolpidae. 11 But the Eumolpidae could pro- 
nounce such a curse only at the command of the peo- 
ple, and might afterward be compelled by the peo- 
ple to revoke it, and purify the person whom they had 
cursed before. 1 ' 

♦EUPATO'RIUM (eimaTupiov 13 ), a plant, the 
same with the Agrimony, or Agrimonia Eupatorium. 
Another name is Liverwort, from its being used in 
complaints of the liver, and hence we find it calleu 
in Oribasius rjixarbpiov. The name of Eupatorium 



1. (Griffith's Cuvier, vol. xiii., p. 38, seqq.)— 2. (Diod. Sic, i 
29.— Apollod., Biblioth., in., 15, S, 4.— Demosth., c. Neaer., 1384, 
&c.)— 3. (Hesych., s. v. Et/ioAjrWai.-Tacit., Hist., iv., 83.— 
Arnob. — Clemens Alex., Protrept.) — 4. (Arrian in Epictet., iii., 
21.— Plut., Alcib., 22.)— 5. (Paus., ii., 14 , $ 1.)— 6. (Harpocrat 
et Suid., s. v. 'ETTt/jtcXrirai tSv Mvorripiwv.) — 7. (JSschin., c 
Ctesiph., p.56,ed. Steph.)— 8. (Demosth., c. Androt., p. 601.)- 

9. (Lysias, c. Andocid., p. 204.— Andocid., Do Myst., p. 57.)- 

10. (Heffter, Athen. Gerichtsverf., p. 405, &-..— Platner. Process, 
ii., p. 147, &c.)— 11. (Plut., Alcib., 22.— Corn. Nep., Alcib.. 4, 
5.)— 12. (Plut., Alcib., 33.- --Corn. Nep., Alcib., 6, 5.)- -13. (D>« 
oscor., iv., 41.) 

421 



EUPATRID.E. 



EUTHi NE. 



was given it, according to some of the ancient 
writers, from that of Mithradates Eupator, who dis- 
covered the medicinal properties of this plant. 1 It 
is more probable, however, that it was so called 
from the city of Eupatoria, near the river Amisus, 
in Pontus, where it grew abundantly. Pliny says, 
that its seed, taken in wine, formed an excellent 
remedy for dysentery. The islanders of Zante 
call it (jiovoxoprov, and the Turks Cojun oti. Sib- 
thorp found it in the Peloponnesus, and also around 
Byzantium, and along the road between Smyrna 
and Brusa.- 8 

EUPATRTDJS (EvTrarpidai, descended from no- 
ble ancestors) is the name by which, in early times, 
the nobility of Attica was designated. Who the 
Eupatridae originally were has been the subject of 
much dispute ; but the opinion now almost univer- 
sally adopted is, that they were the noble Ionic or 
Hellenic families who, at the time of the Ionian mi- 
gration, settled in Attica, and there exercised the 
power and influence of an aristocracy of warriors 
and conquerors, possessing the best parts of the 
land, and commanding the services of a numerous 
class of dependants. 3 The chiefs who are mention- 
ed as kings of the several Attic towns, before the 
organization of the country ascribed to Theseus, 
belonged to the highest or ruling class of the Eu- 
patridae ; and when Theseus made Athens the seat 
of government for the whole country, it must have 
been chiefly these nobles of the highest rank that 
left their former residences and migrated to Athens, 
where, after Theseus had given up his royal prerog- 
atives and divided them among the nobles, they oc- 
cupied a station similar to that which they had pre- 
viously held in their several districts of Attica. Oth- 
er Eupatridae, however, who either were not of the 
highest rank, or were less desirous to exercise any 
direct influence upon the government, remained in 
their former places of residence.* In the division 
of the inhabitants of Attica into three classes, which 
is ascribed to Theseus, the Eupatridae were the first 
class, 5 and thus formed a compact order of nobles, 
united by their interests, rights, and privileges. The 
first, or, at least, the most ambitious among them, 
undoubtedly resided at Athens, where they enjoyed 
nearly the same privileges as they had before the 
union in the separate townships of Attica. They 
were in the exclusive possession of all the civil and 
religious offices in the state, ordered the affairs of 
religion, and interpreted the laws, human and .di- 
vine. 6 The king was thus only the first among his 
equals, only distinguished from them by the duration 
of his office ; 7 and the four kings of the phylae (fyvko- 
6aoL?,eic), who were chosen from the Eupatridae, 
were more his colleagues than his counsellors. 8 
The kingly power was in a state of great weakness ; 
and while the overbearing influence of the nobles, 
on the one hand, naturally tended gradually to abol- 
ish it altogether, and to establish a purely aristo- 
cratical government in its stead, 9 it produced, on 
the other hand, effects which threatened its own 
existence, and at last led to the entire overthrow 
of the hereditary aristocracy as an order : for the 
commonalty, which had likewise gained in strength 
by the union of all the Attic townships, soon began to 
feel the oppression of the aristocracy, which in At- 
tica produced nearly the same effects as that of the 
patricians at Rome. The legislation of Draco seems 
to have arisen out of the growing discontent of the 
oommonalty with the oppressive rule of the nobles ; 10 

1. (Plin., H. N., xxv., 6.)— 2. (Billerbeck, Flora Classica, p. 
117.)— 3. (Thirlwall, Hist, of Greece, i., p. 115, &c— Wach- 
ginuth, Hellen. Alterth., I., i., p. 230, &c.)— 4. (Thirlwall, ib., 
ii., p. 8 )— 5. (Plut., Thes., 25.) — 6. (Muller, Dor., ii., 2, 1) 15.) 
— 7. (Schomann, De Comit., p. 4, transl.) — 8. (Pollux, viii., 
111.)— 9. (Hermann, Pol. Ant. of Greece, t) 102.) — 10. (Thirl- 
wall, ib., ii., p. 18, &c> 
422 



but. his attempts to remedy the evil were m:Jre cal- 
culated to intimidate the people than to satisfy 
them, and could, consequently, not have any lasting 
results. The disturbances which, some years aftei, 
arose from the attempt of Cylon, one of the Eupatri 
dae, who tried to overthrow the aristocratical gov 
ernment and establish himself as tyrant, at length 
led to the legislation of Solon, by which the political 
power and influence of the Eupatridae as an order 
was broken, and property instead of birth was made 
the standard of political rights. 1 But as Solon, like 
all ancient legislators, abstained from abolishing any 
of the religious institutions, those families of the Eu- 
patridae in which certain priestly offices and func- 
tions were hereditary, retained these distinctions 
down to a very late period of Grecian history. 2 

*EUPHORBTUM (ev<j>6p6iov) f a plant belonging to 
the genus Euphorbia, or Spurge. It grows wild in 
Africa, and is said to have been discovered by King 
Juba, 3 who gave it the name of Euphorbia in hon- 
our of his physician Euphorbus, brother to Antoni- 
us Musa, the medical attendant of Augustus. 4 This 
prince also wrote a treatise on the virtues of the 
plant, which was in existence in Pliny's days.* 
The Euphorbium was discovered by him near Mount 
Atlas. Its stem, according to Pliny, 6 was straight 
like a thyrsus, and its leaves resembled those c5 
the acanthus. Its odour was so powerful, that they 
who collected the juice were compelled to stand at 
a distance. An incision was made into the stem bv 
means of a pole tipped with iron, and the juice 
which exuded was caught in a goatskin. This 
juice became, on exposure to the air, a gum-resin 
resembling frankincense. Pliny speaks of it as a 
remedy against the bite of serpents. The name of 
this resin was also Euphorbium. " It is stated in 
the Edinburgh Dispensatory," remarks Adams, "that 
the Euphorbium is got from the species called Eu~ 
phorbia anliquorum ; but Sprengel prefers the Eu- 
phorbia maritima.' n Sibthorp informs us that the 
Greek fishermen, at the present day, use the Eu- 
phorbia Characias (called by them QXopog) to poison 
the fish, but that, when caught by these means, 
they become putrid a short time after they are 
taken. 9 

EURFPUS. (Vid. Amphitheatrum, p. 53.) 
EUTHYDICTA (ev6vdacia). ( Vid. Dice, p. 359.) 
EUTHY'NE (evBvvt)). All public officers at Ath- 
ens, especially generals, ambassadors, 9 the archons 
and their assessors, the di?etetae, priests and priest- 
esses, 10 the secretaries of the state, 11 the superin- 
tendents of public buildings, the trierarchs, and 
even the senate of the Five Hundred and the mem- 
bers of the Areiopagus, were accountable for their 
conduct, and the manner in which they acquitted 
themselves of their official duties. The judges in 
the popular courts seem to have been the only au- 
thorities who were not responsible, 13 for they were 
themselves the representatives of the people, and 
would, therefore, in theory, have been responsible 
to themselves. This account, which officers had 
to give after the time of their office was over, was 
called evdvvij, and the officers subject to it, imevdv- 
voi. Every public officer had to render his account 
within thirty days after the expiration of his office ; 18 
and as long as this duty was not fulfilled, the whole 
property of the ex-officer was in bondage to the 



1. (Aristot., Polit., ii., 9. — Dionys. Hal., Ant. Rom., ii , 8.— 
JElian, V. H., v., 13.)— 2. (Wachsmuth, Hellen. Alterth., i., i, 
p. 152. — Compare Schomann, Antiq. Jur. Publ. Grsec, p. 167, 
&c, and p. 77, &c.)— 3. (Plin., H. N., xxv., 7.)— 4. (Plin., 1. r) 
—5. (1. c.)— 6. (1. c.)— 7. (Adams, Append., s. v.)— 8. (Biller- 
beck, Flora Classica, p. 120.)— 9. (Demosth. et jEschin., De 
Fals. Leg.)— 10. (iEschin., c. Ctes., p. 56, ed. Steph.)— 11. (Lys- 
ias, c. Nicom.)— 12. (Aristoph., Vesp., 546. — nudtwalcker, 
"Von den Diastet.," p. 32.) — 13. (Harpocrat., Suid. et Phot.. 
s. v. AoyiGrai and Evdvvoi.) 



EUTHYNE. 



EVOCATI. 



state. 1 he was not allowed to travel beyond the 
frontiers of Attica, to consecrate any part of his 
property as a donarium to the gods, to make his 
will, or to pass from one family into another by 
adoption ; no public honours or rewards, and no 
new office could be given to him. 3 If within the 
stated period an officer did not send in his account, 
ar. action called akoyiov or ukoyiac 6lkt] was brought 
against him. 3 At the time when an officer submit- 
ted to the evdvvrj, any citizen had the right to come 
forward and impeach him. Those who, after hav 
ing refused to submit to the evdvvTj, also disobeyed 
the summons to defend themselves before a court 
of justice, thereby forfeited their rights as citi- 
zens. 4 

It will appear from the list of officers subject to 
the euthyne, that it was not confined to those whose 
office was connected with the administration of the 
public money, or any part of it ; but in many cases 
it was only an inquiry into the manner in which a 
person had behaved himself in the discharge of his 
official duties. In the former case the scrutiny was 
conducted with great strictness, as the state had 
various means to check and control the proceed- 
ings of its officers ; in the latter, the euthyne may 
in many instances have been no more than a per- 
sonal attendance of the ex-officer before the repre- 
sentatives of the people, to see whether any charge 
was brought against him. When no accuser ap- 
peared, the officer was honourably dismissed (kiu- 
cr\\iaiveadai h ). After an officer had gone through 
the euthyne, he became avevdwog. 6 

The officers before whom the accounts were 
given were in some places called evdwoi or "koyia- 
rai, in others e^eracrai or awrjyopoi.' 1 At Athens 
we meet with the first two of these names, and 
both are mostly mentioned together ; but how far 
their functions differed is very uncertain. Some 
grammarians 8 state that Xoyiarai was the name of 
the same officers who were formerly called evdwoi. 
But from the manner in which the Greek orators 
speak of them, it can scarcely be doubted that their 
functions were distinct. From the authorities re- 
ferred to by Bockh, 9 it seems, moreover, clear that 
the office of the \oyiarai, though closely connected 
with that of the evdwoi, was of greater extent than 
that of the latter, who appear rather to have been 
the assessors of the former than a totally distinct 
class of officers, as will be seen hereafter. All ac- 
counts of those officers who had anything to do 
with the public money were, after the expiration of 
their office, first sent in to the Xoyiorai, who exam- 
ined them ; and if any difficulty or incorrectness 
was discovered, or if charges were brought against 
an ex-officer within the period of 30 days, the far- 
ther inquiry devolved upon the evdwoi, before whom 
the officer was obliged to appear and plead his 
cause. 10 If the evdwoi found that the accounts were 
unsatisfactory, that the officer had embezzled part 
of the public money, that he had accepted bribes, 
or that charges brought against him were well 
founded, they referred the case to a court of justice, 
for which the Xoyiorai appointed the judges by lot, 
2nd in this court their herald proclaimed the question 
who would come forward as accuser. 11 The place 
where the court was held was the same as that to 
which ex-officers sent their accounts to be exam- 



1. (.^Csch., c. Ctes., p. 56, Steph.) — 2. (JEschin et Demosth., 
De Coron., tnd i Tim v 747.) — 3. (Pollux, viii., 54. — Ilesych., 
Suid., Etyix. Mag , s. v. 'AAoyi'oii cikt].) — 4. (Demosth., c. Meid., 
p. 542.)— 5. ;Dem:5th., De Coron., 310.)— 6. (Pollux, Onom., 
mi., 54 )— 7. (Arl/cot., Polit., vi., 5, p. 213, ed. Guttling.)— 8. 
(Et/mol. Magn. et Phot., s. v. EvOvvoi.)— 9. (Staatsh., i., p. 205, 
Ac— Compare ii., p. 201, and in the Rhein. Mus., 1827, vol. i., 
?. 72, <fcc.)— 10. (Hermann, Polit. Antiq. of Greece, v 154, 8.)— 
II. (^Eschin., c. Ctes., p. 57, Steph. — Etymol. Magn., s. v. Ei- 
8vv7j.— Dekker, Anecdot., p. 245. 6.1 



ined by the Xoyiarai, and was called '/.Qytorfi^ov. 
It can scarcely be doubted that the evd*. voi took at 
active part in the trials of the Tioyccrripiov : buc 
whether they acted only as the assessors of the Ao- 
yiarai, or whether they, as Pollux states, exacted 
the embezzled sums and fines instead of the prac- 
tores, is uncertain. The number of the evdwoi, as 
well as that of the \oyio~rai, was ten, one being 
taken from every tribe. 2 The Xoyiorai were ap- 
pointed by the senate, and chosen by lot ; whether 
the evdwoi were likewise chosen by lot is uncer- 
tain, for Photius uses an expression derived from 
Klfjpoe. (lot), while Pollux 3 states that the evdwoi 
(jrpoaaipowrai, scil. role 7ioyioralc),weie like the as- 
sessors of the archons ; the latter account, howev- 
er, seems to be more consistent and more probable. 
Every evdvvoc had two assessors (Ttupedpoi).* 

The first traces of this truly democratic institu- 
tion are generally found in the establishment of the 
archonship (apxv virevdwog) instead of the kingly 
power, by the Attic nobles. 5 It was from this state 
of dependance of the first magistrates upon the or 
der of the nobles that, in the course of time, the 
regular euthyne arose. Similar institutions were 
established in several other republics of Greece. 8 

EUTHYNOI (Evdwoi). (Vid. Euthyne.) 

EVTCTIO. If the purchaser of a thing was by 
legal means deprived of it (evicted), the seller was 
bound to make good the loss (evictionem prceslare). 
If the seller knew that he was selling what was 
not his own, this was a case of dolus, and he was 
bound, in case of eviction, to make good to the pur- 
chaser all loss and damage that he sustained. If 
there was no dolus on the part of the seller, he was 
simply bound to make good to the purchaser the 
value of the thing at the time of eviction. It waa 
necessary for the purchaser to neglect no proper 
means of defence, when an attempt was made to 
evict him ; and it was his duty to give the seller no 
tice of the adverse claim (litem denunciare), and to 
pray his aid in defence of the action. The stipulatio 
duplae was usual among the Romans ; and, in such 
case, if the purchaser was evicted from the whole 
thing, he might, by virtue of his agreement, demand 
from the seller double its value. 7 

EVOCA'TI were soldiers in the Pvoman army 
who had served out their time and obtained their 
discharge (missio), but had voluntarily enlisted again 
at the invitation of the consul or other commander. 8 
There appears always to have been a considerable 
number of evocati in every army of importance ; 
and when the general was a favourite among the 
soldiers, the number of veterans who joined his 
standard would of course be increased. The evo- 
cati were doubtless released, like the vexillarii, from 
the common military duties of fortifying the camp, 
making roads, &c., 9 and held a higher rank in the 
army than the common legionary soldiers. They 
are sometimes spoken of in conjunction with the 
equites Romani, 10 and sometimes classed with the 
centurions. 11 They appear to have been frequently 
promoted to the rank of centurions. Thus Pompey 
induced a great many of the veterans who had 
served under him in former years, to join his stand- 
ard at the breaking out of the civil war, by the 
promise of rewards and the command of centuries 
(ordinum 13 ). All the evocati could not, however, 
have held the rank of centurions, as we read of two 



1. (Andocid., De Myst., p. 37.— Lys., c. Polystrat., p. 672.)— 
2. (Phot., s. v. Kvdvvog. — Harpocrat., s. v. Aoyiorai.) — 3. (viii., 
99 )— 4. (Bockh, Staatsh., 1. c— Tittmann, Gnech. Staatsvcrf., 
p. 323, &c— Hermann, Polit. Antiq. of Greeee, y 154.— Schu- 
mann, Antiq. Jur. Publ. Grsec, p. 239, &c.)— 5, (Paus., iv., 5, 
4.) — 6. (Aristot., Polit., vi., 5. — Wachsmuth., Hellen. Alterth., 
I., i., p. 192.)— 7. (Dig. 21, tit. 2.)— 8. (Dion., xlv., 12.1 — 9s 
(Tacit , Ann., i.. 36.)— 10. (Caes., Bell. Gall., vii.,65.)— 11. (Cass, 
Bell. Civ., i., 17.)— .'2. (Cass., Bell. Civ , i.. 3.) 

423 



EXAIRESEOS DIKE. 



EXEGETA1. 



thousand on one #ccasion, 1 and of their belonging 
to certain cohorts in the army. Cicero speaks of a 
Prafectus Evocatorum* 

The name of Evocati was also given to a select 
body of young men of the equestrian order, who 
were appointed by Domitian to guard his bedcham- 
ber. 3 This body is supposed, by some writers to 
have existed under the succeeding emperors, and 
to have been the same as those called Evocati An- 
gus ti* 

EHArflrHS AIKH (efryuypg dUtj), a suit of a 
public nature, which might be instituted against one 
who, assuming to act as the protector {nvpioc) of an 
Athenian woman, married her to a foreigner in a 
foreign land. This was contrary to law, intermar- 
riage with aliens being (as a general rule) prohibit- 
ed. In the speech of Demosthenes against Timoc- 
rates, 5 the latter is charged with having sold his 
sister to a Corcyrean, on pretence of giving her in 
marriage. 6 

EEA.IPE2EG2 AIKH (k%aip£oeug dUri). This 
was an action brought to recover damages for the 
attempt to deprive the plaintiff of his slave ; not 
where the defendant claimed a property in the 
slave, but where he asserted him to be a freeman. 
As the condition of slavery at Athens incapacitated 
a man to take any legal step in his own person, if a 
reputed slave wished to recover his rights as a free- 
man, he could only do it by the assistance of one 
who was himself a freeman. He then put himself 
under the protection of such a person, who was said 
kt-aipeZodat or atyaipnadai avrbv elg cXcvdepiav, in 
libertatem vindicare. If the master sought to re- 
claim him, he proceeded to take manual posses- 
sion, ayetv avrbv elg dovfaiav. A runaway slave 
might at any time be seized by his master, either in 
the open street or elsewhere', except in a sanctuary. 
If the friend or person who harboured the slave 
meant to contest the master's right, the proper 
sourse was to go with him before the magistrate, 
and give security for the value of the slave and 
costs, in case a court of law should decide against, 
him. The magistrate who took cognizance of the 
cause was the archon, where a man claimed to be 
a citizen ; the polemarch, where he claimed to be 
an alien freeman. It was the duty of the archon or 
polemarch to set the man at liberty pendente lite. 
In the suit that followed, the plaintiff had to prove 
nis title to the ownership of the slave, and, if suc- 
cessful, obtained such compensation as the jury 
chose to award ; this being a TLfinrbg dycov, and half 
of the Tifirjfia being given to the state. 7 A verdict 
for the plaintiff drew with it, as a necessary conse- 
quence, the adjudication of the ownership, and he 
would be entitled to take possession of his slave 
immediately : if, however, the slave had escaped in 
the mean time, and evidence of such fact were pro- 
duced, the jury would probably take that into con- 
sideration in estimating the damages. 

If the friend, in resisting the capture of the slave, 
had used actual violence, he was subject to a dUn 
ftiaiuv. And if the soi-disant master had failed in 
the e£ Sinn, the injured party might maintain an 
action against him for the attempted seizure. 8 

In a speech of Isocrates, 9 the defendant, a bank- 
er, from whom it is sought to recover a deposite, is 
charged with having asserted the freedom of his 
own slave, in order to prevent his being examined 
by torture respecting the sum of money deposited 

1. (lb., iii., 88.) — 2. (ad Fam., iii., 6, Q 5. — Compare Cic. ad 
Fam., xv., 4, t) 3. — Cses., Bell. Civ., iii., 91. — Suet., Octav., 56. — 
Lipsius, De Milit. Rom., i., 8.) — 3. (Suet., Dom., 10.)— 4. (Hy- 
gmus, De Lim., p. 209.— Orelli, Tnscrip., No. 3495, 153.)— 5. (p. 
,63.)— 6. (Meier, Att. Proc, p. 350.)— 7. (Demosth., c. Theoer., 
1328.)— 8. (Lys., c. Panel., 734, &c, with. Reiske's note.— De- 
mosth., c. Neaer., 1358. — Harpocr.. s. v. 'Ejatp/aewj and "Ay«. 
—Meier, Att. Proc., p. 304.)— 9. (Trapez., 361.) 
424 



in his hands. This is remarkable on two accounts • 
first (as Meier observes), because it seems to prove 
that one not the owner of the slave could bring the 
ef. SUn, if he had an interest in the matter ; sec- 
ondly, because it was optional with a man to give 
up h:is slave to the torture or not, the refusal being 
only matter of observation to the jury ; and, there- 
fore, it appears strange that any one should have 
recourse to a measure, the result of which (if suc- 
cessful) would be to deprive him of his property. 
EXAUCTORA'TIO. (Vid. Missio.) 
EXAUGURA'TIO is the act of changing a sa 
cred thing into a profane one, or of taking away 
from it the sacred character which it had received 
by inauguratio, consecratio, or dedicatio. That 
such an act was performed by the augurs, and nev- 
er without consulting the pleasure of the gods by 
augurium, is implied in the name itself. 1 Temples, 
chapels, and other consecrated places, as well as 
priests, were considered as belonging to the gods. 
No consecrated place whatever could be employed 
for any profane purpose, or dedicated to any other 
divinity than that to which it originally belonged, 
without being previously exaugurated ; and priests 
could not give up their sacred functions, or (in case 
they were obliged to live in celibacy) enter into 
matrimony, without first undergoing the process oi 
exauguratio. 2 

EXCE'PTIO. (Vid. Actio, p. 16.) 
EXCU'BLE. (Vid. Castra, p. 220.) 
EXCUBITO'RES, which properly means watch 
men or sentinels of any kind, 3 was the name more 
particularly given to the soldiers of the cohort who 
guarded the palace of the Roman emperor.* Their 
commanding officer was called trilunus excubitor* 
When the emperor went to an entertainment at the 
house of another person, the excubitores appear to 
have accompanied him, and to have kept guard aa 
in his own palace. 6 

EXEDR^E. {Vid. Gymnasium, House.) 
EXEGE'TAI (et-nyvrai, interpreters ; on this and 
other meanings of the word, vid. Ruhnken, ad Tim<z\ 
Glossar., p. 109, &c.) is the name of the Eumolpi- 
das, by which they were designated as the interpret- 
ers of the laws relating to religion and of the sacred 
rites. 7 (Vid. Eumolpidai. ) They were thus, al 
Athens, the only class of persons who in some 
measure resembled the Roman jurists ; but the 
laws, of which the k^nynrai were the interpreters, 
were not written, but handed down by tradition, 
Plutarch 8 applies the term to the whole order of the 
Eupatridae, though, properly speaking, it belonged 
only to certain members of their order, i. e., the 
Eumolpidoe. The Etymologicum Magn., 9 in ac- 
cordance with the etymological meaning of the 
word, states that it was applied to any interpreter 
of laws, whether sacred or profane ; but we know 
that at Athens the name was principally applied to 
three members of the family of the Eumolpidae, 11 
whose province it was to interpret the religious 
and ceremonial laws, the signs in the heavens, and 
the oracles ; whence Cicero 11 calls them religionum 
inter-pretcs. 1 * They had also to perform the public 
and private expiatory sacrifices, and were never ap- 
pointed without the sanction of the Delphic oracle, 
whence they were called Hvdoxpnoroi. 13 

The name efyynrijg was also applied to those per- 
sons who served as guides (cicerone) to the visiters 




EXHIBENDUM. 



EXODIA. 



In the most remarkable towns and places of Greece, 
who showed to strangers the curiosities of a place, 
and explained to them its history and antiquities. 1 

Respecting the kt-nyriTric of the laws of Lycurgus 
at Sparta, see Miiller, Dor., iii., 11, 2. 

EXENGYASTHAI (kfryyvaodcu). (F/<Z.Engye.) 

EXERCITO'RIA ACTIO was an action granted 
by the edict against the exercitor navis. By the 
term navis was understood any vessel, whether 
used for the navigation of rivers, lakes, or thn sea. 
The exercitor navis is the person to whom all the 
ship's gains and earnings (obvenlio?ies ct reditus) be- 
long, whether he is the owner, or has hired the ship 
from the owner for a time definite or indefinite. 
The magister navis is he who has the care and 
management of the ship, and was appointed (pro- 
positus) by the exercitor. The exercitor was bound 
generally by the contracts of the magister, who was 
his agent, but with this limitation, that the contract 
of the magister must be with reference to farther- 
ing the object for which he was appointed ; as, for 
instance, if he purchased things useful for the nav- 
igation of the ship, or entered into a contract or 
incurred expense for the ship's repairs, the exerci- 
tor was bound by such contract : the terms of the 
master's appointment (prapositio) accordingly de- 
termine the rights of third parties against the exer- 
oitor. If the magister, being appointed to manage 
the ship, and to use it for a particular purpose, used 
it for a different purpose, his employer was not 
bound by the contract. If there were several ma- 
gistri, with undivided powers, a contract with one 
was the same as a contract with all. If there were 
several exercitores, who appointed a magister either 
out of their own number or not, they were several- 
ly answerable for the contracts of the magister. 
The contracting party might have his action either 
against the exercitor or the magister, so long as the 
magister continued to be such. 

A party might have an action ex delicto against 
an exercitor in respect of the act either of the ma- 
gister or the sailors, but not on the contract of the 
sailors. If the magister substituted a person in his 
place, though he was forbidden to do so, the exer- 
citor would still be bound by any proper contract 
of such person. 

The term Nauta properly applies to all persons 
who are engaged in navigating a ship ; but in the 
Praetor's Edict 8 the term Nauta means Exercitor 
(qui navem expect). 

(Dig. 14, tit: 1. — Peckius, in Titt. Dig. et Cod. 
ad Rem Nauticam pertinenles Comment. — Abbott on 
Shipping, Index, Exercitor Navis.) 

EXE'RCITUS. (Vid. Army.) 

EXETASTAI ('Eferaara/) were commissioners 
sent out by the Athenian people to ascertain wheth- 
er there were as many mercenaries as the generals 
reported. It appears to have been no uncommon 
plan for the commanders, who received pay for 
troops, to report a greater number than they pos- 
sessed, in order to receive the pay themselves ; in 
which case they were said " to draw pay for empty 
places in the mercenary force" (fuodoQopetv kv rw 
^evlkC) Kevalc. x"P aL C 3 )- The commissioners, how- 
ever, who were sent to make inquiries into the 
matter, often allowed themselves to be bribed.* 
This name was also probably given to commission- 
ers who were appointed to investigate other matters. 

EXHERES. (Vid. Heres.) 

EXHIBENDUM, ACTIO AD. This action was 
: ntroduced mainly with respect to vindicationes, or 
actions about property. " Exhiberc" is defined to 
be " facer e in publico potestatem, ut ei qui agat ex- 

1. (Paus., i.,41, $2.)— 2. (Dig. 4, tit. 9, s. 1.)— 3. (JEschin., 
*. Ctes., p. 536.)— 4. (,Eschin., c. Timarch., p. 131.- -De Fals. 
Leg., p. 339.— Bockh, Publ. Econ. of Athens, i., p. 389.) 
H H H 



periundi sit copia." This was a personal action, 
and he had the right of action who intended to bring 
an actio in /em. The actio ad exhibendum waa 
against a person who was in possession of the thing 
in question, or had fraudulently parted with the 
possession of it ; and the object was the production 
of the thing for the purpose of its being examined 
by the plaintiff. The thing, which was, of course, a 
movable thing, was to be produced at the place 
where it was at the commencement of the legal 
proceedings respecting it ; but it was to bo taken 
to the place where the action was tried at the cost 
and expense of the plaintiff. 

The action was extended to other cases : for in 
stance, to cases when a man claimed the privilege 
of taking his property off another person's land, 
that other person not being legally bound to restore 
the thing, though bound by this action to allow the 
owner to take it ; and to some cases where a man 
had in his possession something in which his own 
and the plaintiff's property were united, as a jewel 
set in the defendant's gold, in which case there 
might be an actio ad exhibendum for the purpose 
of separating the things. 

If the thing was not produced when it ought to 
have been, the plaintiff might have damages for loss 
caused by such non-production. This action would 
lie to produce a slave in order that he might be put 
to the torture to discover his confederates. 

The ground of the right to the production of a 
thing was either property in the thing or some inter- 
est ; and it was the business of the judex to declare 
whether there was sufficient reason (justa etproba- 
bilis causa) for production. The word "interest" 
was obviously a word of doubtful import. Accord- 
ingly, it was a question if a man could bring this 
action for the production of his adversary's ac 
counts, though it was a general rule of law that nil 
persons might have this action who had an interest 
in the thing to be produced (quorum interest) ; but 
the opinion as given in the Digest 1 is not favour- 
able to the production on the mere ground of its 
being for the plaintiff's advantage. A man might 
have this actio though he had no vindicatio ; as 
for instance, if he had a legacy given to him of 
such a slave as Titius might choose, he had a right 
to the production of the testator's slaves in ordeT 
that Titius might make the choice ; when the choice 
was made, then the plaintiff might claim the slave 
as his property, though he had no power to mal<e 
the choice. If a man wished to assert the freedom 
of a slave (in libertatem vindicare), he might have 
this action. 

This action was, as it appears, generally in aid 
of another action, and for the purpose of obtaining 
evidence ; in which respect it bears some resem- 
blance to a Bill of Discovery in Equity. 

(Miihlenbruch, Doctrina Pandeclarum. — Dig. 10, 
tit. 4.) 

EXITE'RIA (&Tvpia) or EPEXODTA (kne&dia) 
are the names of the sacrifices which were offered 
by generals before they set out on their expeditions.' 
The principal object of these sacrifices always was 
to discover from the accompanying signs the favour- 
able or unfavourable issue of the undertaking on 
which they were about t<D enter. According to 
Hesychius, k%m)pia was also the name of the day 
on which the annual magistrates laid down their 
offices. 

EXODTA ('E&fiia, from 1% and 666c) were old- 
fashioned and laughable interludes in verses, insert- 
ed in other plays, but chiefly in the Atellanas. 3 Tt 
is difficult to ascertain the real character of the 
exodia ; but, from the words of Livy, we must infei 

1. (Dig. 10, tit 4, s. 19.)— 2. (Xen., Anab., vi 5, t) 2.;— 3 
(Liv., vii., 2.) 

48ft 



EXOMIS. 



EXOSTRA 



that, although distinct from the AteJanae, theywere 
closely connected with them, and never performed 
alone. Hence Juvenal calls them exodium Atella- 
■ncp, 1 and Suetonius 2 exodium Atellanicum. They 
were, like the Atellanae themselves, played by young 
and well-born Romans, and not by the histriones. 
Since the time of Jos. Scaliger and Casaubon, the 
exodia have almost generally been considered as 
short comedies or farces which were performed 
after the Atellanae ; and this opinion is founded 
iipor the vague and incorrect statement of the 
scholiast on Juvenal. 3 But the words of Livy, ex- 
odia cons erta fab ellis, seem rather to indicate inter- 
ludes, which, however, must not be understood as 
if they had been played between the acts of the 
Atellanae, which would suggest a false idea of the 
Atellanse themselves. But as several Atellanae 
were performed on the same day, it is probable that 
the exodia were played between them. This sup- 
position is also supported by the etymology of the 
word itself, which signifies something k% odov, extra 
viam, or something not belonging to the main sub- 
ject, and thus is synonymous with eTreiaodiov. The 
play, as well as the name of exodium, seems to 
have been introduced among the Romans from Ital- 
ian Greece ; but after its introduction it appears 
to have become very popular among the Romans, 
and continued to be played down to a very late 
period. 4 

EXO'MIS (k^ufilg) was a dress which had only a 
sleeve for the left arm, leaving the right, with the 
shoulder and a part of the breast, free, and was, for 
this reason, called exomis. It is also frequently 
called x L ™v erepofidax^og. 6 The exomis, however, 
was not only a chiton (vid. Tunica), but also an 
[fxariov or TrepldXrjjua. (Vid. Pallium.) According 
lo Hssychius 6 and iElius Dionysius, 7 it served at 
(lie same time both the purposes of a chiton and an 
himation ; but Pollux 8 speaks of two different kinds 
ef exomis, one of which was a nepi67irj[ia, and the 
ether a x iT ^ v ^repofidaxakog. His account is con- 
firmed by existing works of art. Thus we find in 
the Mus. Pio-Clement., 9 Hephaestos wearing an ex- 
omis, which is an himation thrown round the body 
m the way in which this garment was always worn, 
and which clothes the body like an exomis when it 
is girded round the waist. The following figure of 
Charon, on the contrary, taken from Stackelberg, 




Die Gr'dber der Hellenen, pi. 47, represents the p?op« 
er x L ™v hepofidaxn?ioc. 

The exomis was usually worn by slaves and work- 
ing people, 1 whence we find Hephaestos, the working 
deity, frequently represented with this garment in 
works of art. 2 The chorus of old men in the Ly- 
sistrata of Aristophanes 3 wear the exomis, which 
is in accordance with the statement of Pollux, 4 who 
says that it was the dress of old men in comic plays. 

According to Aulus Gellius, 5 the exomis was the 
same as the common tunic without sleeves (citra 
kumerum desinentes) ; but his statement is opposed 
to the accounts of all the Greek grammarians, and 
is, without doubt, erroneous. 6 

EXOMOS'IA (k^ufioaia). Any Athenian citizen, 
when called upon to appear as a witness in a court 
of justice (kItjtevelv or eKKAnreveiv" 1 ), was obliged by 
law to obey the summons, unless he could establish 
by oath that he was unacquainted with the case in 
question. 8 This oath was called e^u/iooia, and the 
act of taking it was expressed by k^o^wcdai. 9 Those 
who refused to obey the summons without being 
able to take the kt-unocia, incurred a fine of one 
thousand drachmae ; and if a person, after promis- 
ing to give his evidence, did, nevertheless, not ap- 
pear when called upon, an action called lenrofiap- 
rvplov, or (3M6?jg dim?, might be brought against 
him by the parties who thought themselves injured 
by his having withheld his evidence. 10 

When the people, in their assembly, appointed a 
man to a magistracy or any other public office, he 
was at liberty, before the doKipaaia took place, tc 
decline the office, if he could take an oath that the 
state of his health or other circumstances rendeied 
it impossible for him to fulfil the duties connected 
with it {k%6[ivvodai rrjv dpxyv, or ttjv x eL P°' t cviav) • 
and this oath was likewise called egofxooia, or some- 
times dirafioaia} 1 

EXOSTRA (kHaorpa, from kfadeu) was one of the 
many kinds of machines used in the theatres of the 
ancients. Cicero, 12 in speaking of a man who for- 
merly concealed his vices, expresses this sentiment 
by post siparium heluabatur ; and then stating that 
he now shamelessly indulged in his vicious practi- 
ces in public, says, jam in exostra heluatur. From 
an attentive consideration of this passage, it is evi 
dent that the exostra was a machine by means of 
which things which had been concealed behind the 
siparium were pushed or rolled forward from be- 
hind it, and thus became visible to the spectator?. 
This machine was therefore very much like the 
kKKVKXnfia, with this distinction, that the latter was 
moved on wheels, while the exostra was pushed 
forward upon rollers. 13 But both seem to have been 
used for the same purpose, namely, to exhibit to the 
eyes of the spectators the results or consequences 
of such things — e. g., murder or suicide — as could 
not consistently take place in the proscenium, and 
were therefore described as having occurred behind 
the siparium or in the scene. 

The name exostra was also applied to a peculiar 
kind of bridge, which was thrown from a tower of 
the besiegers upon the walls of the besieged town, 
and across which the assailants marched to attack 
those of the besieged who were stationed on the 
ramparts to defend th e town. 14 

1. (Phot., s. v.— Schol. ad Aristoph., Equit., 879.)— 2. (Mai 
ler, Archaeol. der Kunst., 4 366, 6.)— 3. (1. 622.)— 4. (iv., 118. 
— 5. (vii., 12.) — 6. (Becker, Chankles, ii., p. 112, &c.)— 7 
(Pollux, Onom., viii.. 37.— JEschin., c. Timarch., p. 71.)— 8 
(Demosth., De Fals. Leg., p. 396 ; c. Near., p. 1354 ; c. Aphob. 
p. 850.— Suidas, s. v. , Elofx6crac6ai.)—9. (Demosth., c. Steph. 
i., p. 1119; c. Eubulid., p. 1317.— Harpocrat., s. v.)— 10. (De 
mosth., c. Timoth., p. 1190.— Meier, Att. Proc, p. 387, &c.)- 
11. (Demosth., De Fals. Leg., p. 379 ; c. Timoth., p. 1204.- 
^schin., De Fals. Leg., p. 271.— Pollux, Onom., viii., 55.- 
Etymol. Mag., s. v.)— 12. (De Prov. Cons., 6.)— 13. (Pollux 
Onom., iv., 128.— Schol. ad Aristoph., Acham., ?"5 )— 14. (V» 
get., De Re Milit., iv., 21.) 






EXOULES DIKE. 



FABA. 



LHOTAH2 MKH (k^ovlrjc &kv)- Ttu process 
so called in Athenian law seems to have been ori- 
ginally used as a remedy against those who wrong- 
fully " kept others out" (k&M.eiv, ktjeipyeiv) of real 
property which belonged to them. 1 The etymology 
of the word indicates this, and the speeches of De- 
mosthenes against Onetor furnish an example of it. 
( Vid. Emrvteia.) 

The diKTf i^ovlrjc, however, does not generally 
appear in this simple shape, but rather as an " actio 
rei judicata'," or an action consequent upon the non- 
fultilment of a judgment in a previous suit ; the na- 
ture of which, of course, modified the subsequent 
proceedings. We will consider, first, the case when 
• he main action had reference to real property. 
If a plaintiff was successful in an action of this 
sort, and the defendant did not give up possession 
by the time appointed, two processes seem to have 
been open to the former. Thus he might, if he 
chose, proceed at once to take possession (e^arev- 
ecv), and if resisted, then bring his action for eject- 
ment ; 8 or he might adopt a less summary process, 
which, so far as we can understand the grammari- 
ans, was as follows : If the property in question, 
and which the defendant refused, after judgment 
given, to surrender, was a house, the plaintiff brought 
an action for the rent (6'lktj hoiniov) : if a landed 
estate (xupiov), for the produce (diKTj Kapirov). If 
the defendant still kept possession, the next step 
was a 6't.KTi ovcriac, or an action for the proceeds of 
all his property by way of indemnification; and after 
that followed the diari kZovhvc. 3 The statement we 
have given from Hudtwalcker* rests mainly on its 
inherent probability and the authority of Suidas. 5 
Some grammarians, however, do not represent the 
dUij Kapizov and the 6'lkv ovaiac as consequent upon 
a previous action, but as theirs* steps taken before 
a Siktj i^ov/.Tjc was commenced. For a probable ex- 
planation of this, vid. Enoikiou Aikh. The question 
now arises, What was done if the defendant refused 
to give up possession, even after being cast in the 
tinT} e^ovTiTjcl We are almost bound to suppose, 
though we have no express authority for it, that a 
plaintiff would, under such circumstances, receive 
aid from tV.e public authorities to assist him in 
ejecting the defendant ; but, independent of this, it 
appears from Andocides 6 that a defendant incurred 
the penalty of urifxia if defeated in a d'tKij kgovXnc. 

We wiil now explain the proceedings when the 
main action had no reference to real property : as, 
for example, the 6Urj KaKrjyopiac, in which Meidias 
allowed judgment to go by default (kpjjfi^v oxple), 
and neglected or refused to pay the damages given 
against him, so as to become VTrepf/fxepoc. Demos- 
thenes, 7 the plaintiff in the case, says that he might 
have seized upon Meidias's property by way of 
pledge, but that he did not do so, preferring to bring 
a 6ikt] kt-ovhr/c at once. It is, of course, implied in 
this statement, that if he had attempted to make a 
seizure, and been resisted, the same process would 
have been equally open to him. In fact, Ulpian 8 
informs us that a Sinn k^ov'knc was the consequence 
of such a resistance being made. Moreover, in ca- 
ses of this sort, it was peculiarly a penal action ; for 
the defendant, if cast, was required to pay to the 
public treasury a fine of the same amount as the 
damages (7 naradi/a]) due to the plaintiff 9 The 
penalty of arifiia also was inflicted till both the fine 
and damages were paid. Lastly, Pollux 10 informs 
us, el 6 fiev uc kuvjjfievoc a/LKpioGriTei kttj/lhitoc, 6 de 
ttc VTtodrJKriv exuv, ktjovXnc rj 6iktj, words which to 



1. (Harpocr., s. v.— Pollux, Onom., viii., 95.— Buttmann, Lex- 
il.. 260, transl.)— 2. (Etymol. Mag., 'E£. 6Ur,.— Pollux, Onom., 
Tin., 59.)— 3. (Harpocr., s. v. Ovaias cUv-— Suidas, Kapirov (5ocr/.) 
—4. (p. 143.)— 5. (1. c.)—Q. (Hcpi Mwffnwuv, p- 10, 16.)— 7. (c. 
Meid., 540, 21.)— 8. (Demosth., c. Moid , 523 11.)— 9. (Demosth., 
c Meid., 528, 11.) — 10 (viii., 59 ) 



Hudtwalcker seem obscure, but simply mean thai 
if one person claimed a property as purchaser, and 
another as mortgagee, or as having a lien upon it, 
tne dispute was settled by an k^ov'knc 6ck7j. In such 
a case, it would, of course, be merely a civil action 
to try a right. 

EXPEDFTUS is opposed to " impe&tua," 1 and 
signifies unencumbered with armour or with baggage 
(impedimenta). Hence the light-armed soldiers in 
the Roman army (p. 104) were often called the Ex- 
pediti ; a and the epithet was also applied to any 
portion of the army, when the necessity for haste, 
or the desire to conduct it with the greatest facility 
from place to place, made it desirable to leave be- 
hind every weight that could be spared. 3 

EXPLORATO'RES. (Vid. Speculatores.) 

EXSEQULE. (Vid. Funus.) 

EXSPLIUM. (Vid. Banishment, Roman.) 

EXSUL. (Vid. Banishment, Roman.) 

EXTISPEX. (Vid. Haruspex.) 

EXTRAORDINA'RII (interpreted by Polybiu* 
and Suidas by the Greek word 'JZ-xikkKToi, selected) 
were the soldiers who were placed about the person 
of the consul in the Roman army. They consisted 
of about a third part of the cavalry and a fifth part 
of the infantry of the allies, and were chosen by the 
prefects.* Hence, for a legion of 4200 foot and 300 
horse, since the number of the infantry of the allies 
was equal to that of the Roman soldiers, and their 
cavalry twice as many, the number of extraordina- 
rii would be 840 foot and 200 horse, forming two 
cohorts, which are mentioned by Livy ; 5 or, in an 
army of two legions, four cohorts. 6 

From the extraordinarii a body of chosen men 
was taken to form a body-guard for the consul. 
These were called ablecti (dno?JKTot). Their num- 
ber is uncertain. Lipsius conjectures that they 
consisted of 40 out of the 200 cavalry, and 168 out 
of the 840 infantry of the extraordinarii, making t.ia 
whole number of the ablecti in a consular army 80 
horse and 336 foot. 7 



*FABA (Kvaiior), the Bean. Dioscorides 8 makes 
mention of two kinds, the Grecian and Egyptian 
('til?>7]viK6c and AlyvirTioc). The Kva/nog 'E70\,7]vik6c 
is generally held to be the Vicia Faba, but there is 
considerable difficulty, according to Adams, in de- 
termining exactly the variety of it most applicable 
to the descriptions of the ancient bean. The most 
probable opinion appears to be that of Dickson, who 
thinks that the Faba minor of Miller, namely, the 
Horse-bean, answers best to the descriptions oi 
Theophrastus. 9 The kvu/xoc AlyvirTioc is the Ne 
lumbium speciosum. Its edible root was termed 
Kohonaoia, and its fruit KiOuptov. The ancients 
made a kind of bread out of beans, called aproc kv- 
ufiivoc, or panis ex faba. " Galen remarks that 
beans were much used by gladiators for giving 
them flesh, but adds that it was not firm or com- 
pact. Dr. Cullen notices the nutritious qualities of 
these things, but omits to mention that the flesh 
which they form is deficient in firmness. Actua- 
rius states that they are nutritious, but dissuades 
from using them freely, on account of their flatu- 
lence. According to Celsus, both beans and lentils 
are stronger food than pease. Seth agrees with 
Galen, that the flesh formed from them is flabby 
and soft. Galen directs to fry beans, or boil them 
with onions, whereby they will be rendered less 
flatulent." 10 The bean is said to have come origi 



1. (Plaut., Epid., i., 1, 79.)— 2. (Fcstus, s. v. Advelitatio.)— 3 
(Cic. ad Fam., x\\, 4.)— 4. (Polyb., vi., 28, p. 472, Ca?aub.)— 5 
(xxxiv.,47.) — 6. (Liv., xl.,27.) — 7. (Lipsius, De Militia Rornana, 
ii- 7 ; v., 3.)— 8. (ii., 127.)— 9. (II. F.,viii.,9.— Id., C. P , iii.,23.i 
- 10. (Adams, Commentary on Paul of /Kgina, p. 102.; 

427 



FALSUM. 



FALX 



nally from Peisia. 1 The Romans held it in higli 
estimation, and Pliny assigns it the first rank among 
leguminous plants. Pythagoras, as is well known, 
proscribed beans, a prohibition which would seem 
to have been rather dietetic than physical or moral. 
The abstaining from beans was also enjoined on the 
Egyptians. Herodotus says that beans were never 
sown in any part of Egypt, and that, if some hap- 
pened to grow there, the Egyptians would not eat 
them, either crude or dressed. As for the priests, 
adds he, they abhor the very sight of that pulse, ac- 
counting it impure and abominable. 2 The Pytha- 
gorean prohibition, therefore, would seem to have 
been of Egyptian origin. 

FABR1 are workmen who make anything out of 
hard materials, as fabri tignarii, carpenters, fabri 
<zrarii, smiths, &c. The different trades were di- 
vided by Numa 3 into nine collegia, which corre- 
spond to our companies or guilds. In the consti- 
tution of Servius Tullius, the fabri tignarii (tzkto- 
veg*) and the fabri cerarii or ferrarii (xo^kotvivol) 
were formed into two centuries, which were called 
the centurise fabrum, and not fabrorum. 6 They did 
not belong to any of the five classes into which Ser- 
vius divided the people ; but the fabri tign. probably 
voted with the first class, and the fabri ar. with the 
second. Livy 6 and Dionysius 7 name both the cen- 
turies together : the former says that they voted 
with the first class ; the latter, that they voted 
with the second. Cicero 8 names only one century 
of fabri, which he says voted with the first class ; 
but as he adds the word tignariorum, he must have 
recognised the existence of the second century, 
which we suppose to have voted with the second 
class. 9 

The fabri in the army were under the command 
of an officer called prcefectus fabrum. 10 It has been 
upposed by some modern writers that there was a 
praefectus fabrum attached to each legion ; and this 
may have been the case. No genuine inscriptions, 
however, contain the title of praefectus fabrum with 
the name of a legion added to it. There were also 
civil magistrates at Rome, and in the municipal 
towns, called praefecti fabrum ; but we know no- 
thing respecting them beyond their name. Thus 
we find in Gruter, Pr^ef. Fabr. Rom^e, 11 Prafec- 
tus Fabr. Car. 12 The subject of the praefecti fa- 
brum is discussed with great accuracy in a letter of 
Hagenbuchius, published by Orelli. 13 

FA'BULA PALLIA'TA. ( Vid. Com<edia, p. 300.) 

FA'BULA PRjETEXTATA. ( Vid. Comcedia, 
p. 300.) 

FA'BULA TOGA'TA. (Vid. Comcedia, p. 300.) 

FACTIO'NES AURIGA'RUM. (Vid. Circus, p. 
256.) 

*FAGUS, the Beech-tree. The name is suppo- 
sed to be derived from the Greek <pdyw, " to eat," 
as indicating that its fruit served for the nourish- 
ment of the early race of men. The fagus of Pliny 
is the same with that of Virgil, both writers mean- 
ing the beech ; but the <j>7?yog of Theophrastus is a 
species of oak. (Vid. JEsculvs.) La Cerda falls 
into the mistake of confounding the fagus and <prj- 



14 



yoc. 

FALA'RICA. (Vid. Hasta.) 
FALCI'DIA LEX. (Vid. Legatum.) 
FALSUM. The crime of falsum was the subject 
of a Judicium Publicum, and it was the object of a 
ex Cornelia (passed by Sulla), which Cicero also 

1. (F*e, Flore de Virgile, p. lii.) — 2. (Herod., ii., 37.)— 3. 
Plut., Numa, 17.)— 4. (Orelli, Inscrip., 60, 417, 3C90, 4086, 
1088, 4184.)— 5. (Cic., Orat., 46.)— 6. (i , 43.)— 7. (vii., 59.)— 8. 
(De Rep., ii., 22.) — 9. (Gtittling, Gesch. der Rom. Staatsv., p. 
249.)— 10. (Caes., ap. Cic. ad Att., ix., 8.— Bell. Civ., i., 24.— 
Veget.ii., 11.)— 11. (467, 7.)— 12. (235, &)— 13. (Inscrip., vol. 
ii., p. 95, &c.)— 14. (Fee, Tlore de Virgile, p. liii. — Martyn ad 
Virg., Eclog., i., 1.) 
428 



calls testamentaria and numaria, 1 with i-eferei.ee tu 
the crimes which it was the object of the law to 
punish. The provisions of this lex are stated by 
Paulus, 3 who also entitles it lex Cornelia testa- 
mentaria, to apply to any person " qui testamentum 
quodve aliud instrumentum falsum sciens dolo malo 
scripserit, recitaverit, subjecerit, suppresserit, amoverit, 
resignaverit, deleverit," &c. The punishment was 
deportatio in insulam (at least when Paulus wrote) 
for the " honestiores," and the mines or crucifixion 
for the " humiliores." In place of deportatio, the 
law probably contained the punishment of the inter- 
dictio aquae et ignis. According to Paulus, the law 
applied to any instrument as well as a will, and to 
the adulteration of gold and silver coin, or refusing 
to accept in payment genuine coin stamped with the 
head of the princeps. But it appears from Ulpian 
(sub titulo de pozna legis Cornelia testamentaria) that 
these were subsequent additions made to the lex 
Cornelia 3 by various senatus consulta. By a sena- 
tus consultum, in the consulship of Statilius and 
Taurus, the penalties of the law were extended to 
the case of other than testamentary instruments. 
It is conjectured that, for the consulship of Statilius 
and Taurus, as it stands in the text of Ulpian, we 
should read Statilius Taurus, and that the consul- 
ship of Statilius Taurus and L. S. Libo (A.D. 15) is 
meant. A subsequent senatus consultum, in the 
fourteenth year of Tiberius, extended the penalties 
of the law to those who for money undertook the 
defence of a (criminal!) cause, or to procure testi- 
mony ; and by a senatus consultum, passed between 
the dates of those just mentioned, conspiracies foi 
the ruin of innocent persons were comprised within 
the provisions of the law. Another senates consult 
um, passed A.D. 26, extended the law to those who 
received money for selling, or giving, or not giving 
testimony. There were probably other legislative 
provisions for the purpose of checking fraud. In 
the time of Nero, it was enacted against fraudulent 
persons (falsarii) that tabulae or written contracts 
should be pierced with holes, and a triple thread 
passed through the holes, in addition to the signa- 
ture.* In the time of Nero, it was also provided 
that the first two parts (cerai) of a will should have 
only the testator's signature, and the remaining one 
that of the witnesses : it was also provided that no 
man who wrote the will should give himself a leg- 
acy in it. The provisions as to adulterating money 
and refusing to take legal coin in payment were also 
made by senatus consulta or imperial constitutions. 
Allusion is made to the latter law by Arrian. 5 It 
appears, from numerous passages in the Roman 
writers, that the crime of falsum in all its forms 
was very common, and especially in the case of 
wills, against which legislative enactments are a 
feeble security. 6 

FALX, dim. FALCULA (apirn, dpeiravov, poet 
dpsTrdvn, dim. SpeTrdviov), a sickle ; a scythe ; a pru- 
ning-knife or pruning-hook ; a bill ; a falchion ; a 
halbert. 

As Culter denoted a knife with one straight 
edge, " falx" signified any similar instrument, the 
single edge of which was curved (kpeiravov ev- 
fcaurcsc ; 7 yauipiig Speirdvag ; 9 curves, falces ; 9 curva- 
mine folds ahence, ; :0 adunca falce 11 ). By additional 
epithets the various uses of the falx were indicated, 
and its corresponding varieties in form and size 
Thus the sickle, because it was used by reapers, 
was called falx messoria ; the scythe, which was 
employed in mowing hay, was called falx foznaria ; 

1. (In Verr., ii., lib. 1, c. 42.)— 2. (Sent. Recept., v., 25. ed. 
Berl.)— 3. (Mos. et Rom., Leg. Coll., tit. 8, s 7.)— 4. (Suet., 
Nero, c. 17. — Compare Paulus, Sent. Recept., v., tit. 25, 8. 6.) — 
5. (Epict., iii., 3.) — 6. (Heinecc, Syntagma.) — 7. (Horn., Od 
xviii., 367.)— 8. (Brunck, Anal.,ii., 215.)— 9. (Virg., Georg :, i. f 
508.)— 10. (Ovid, Met., vii., 2?'.)— 11. (xiv., 628.) 



FALX. 



FAMILIA 



the pruning-knife and the bill, on account of their 
use in dressing vines, as well as in hedging and in 
cutting off the shoots and branches of trees, were 
distinguished by the appellation of falx putatoria, 
vinitona, arboraria, or sihitica? or by the diminu- 
iivefalcula* 

A rare coin published by Pellerin 3 shows the 
nead of one of the Lagidae, kings of Egypt, wearing 
the Diadema, and on the reverse a man cutting 
down corn with a sickle. (See woodcut.) 




The lower figure in the same woodcut is taken 
from the MSS. of Columella, and illustrates his de- 
scription of the various parts of the falx vinitoria* 
(Vid. Culter.) The curvature in the forepart of 
the blade is expressed by Virgil in the phrase pro- 
curva falx.* In this form the bill must have been 
used by hunters to cut their way through thickets. 6 
After the removal of a branch by the pruning-hook, 
it was often smoothed, as in modern gardening, by 
the chisel. 7 {Vid. Dolabra.) The edge of the falx 
was often toothed or serrated (up-n^v napxapodov- 
ra ; 8 denticulata 9 ). The indispensable process of 
sharpening these instruments (upirriv xapaco-efievai, 10 
<spnr,v evKafiTT7j veodr/yia 11 ) was effected by whet- 
stones, which the Romans obtained from Crete and 
other distant places, with the addition of oil or wa- 
ter, which the mower (fanisex) carried in a horn 
upon his thigh. 12 

Numerous as were the uses to which the falx 
was applied in agriculture and horticulture, its 
employment in battle was almost equally varied, 
though not so frequent. The Geloni were noted for 
its use. 13 It was the weapon with which Jupiter 
wounded Typhon ; 14 with which Hercules slew the 
Lernagan Hydra ; 15 and with which Mercury cut off 
the head of Argus (falcato ense; 16 harpen Cyllenida-'). 
PersoAis, having received the same weapon from 
Mercury, or, according to other authorities, from Vul- 
can, used it to decapitate Medusa and to slay the 
sea-monster. 18 From the passages now referred to, 
we may conclude that the falchion was a weapon 
of the most remote antiquity ; that it was girt like 
a dagger upon the waist ; that it was held in the 
hand by a short hilt ; and that, as it was, in fact, a 
dagger or sharp-pointed blade, with a proper falx 
projecting from one side, it was thrust into the flesh 
up to this lateral curvature (curvo tenus abdidit 
kamo). In the annexed woodcut, four examples are 
•elected from works of ancient art to illustrate its 

1. (Cato y Dr. Re Rust., 10, 11— Pallad., i., 43.— Colum., iv., 
*5.)— 2. (Colum., xii., 18.)— 3. (Med. de Rois, Par., 1762, p. 
W8.1— 4 (De Re Rust., iv., 25, p. 518, ed. Gesner.)— 5. (Geor^., 
ii., 421.)— 6. (Grat., Cyneg., 343.)— 7. (Colum., De Arbor., 10.) 
—$. (Hesiod, Theog., 174, 179.)— 9. (Colum., De Re Rust., ii., 
2!.)— 10 (Hesiod, Op., 573.)— 11. (Apoll. Rhod., iii., 1388.)— 
12. (Plm., H. N., xviii., 67,5.)— 13. (Claudian, De Laud. Stil., 
i., 110.)— 14. (Apollod., i.. 6.)— 15. (Eurip., Ion, 191.)— 16. 
(Ovid, Met., i., 718.)— 17. (Lucan, ix!, 662-677.)— 18. (Apollod., 
ii., 4.— Eratoslh., Catast., 22.— Ovid, Met., iv., 666, 720, 727 ; 
v., 69. -Brunck, Anal., iii., 157.) 




form. One of the four cameos, here copied repie- 
sents Perseus with the falchion in his right hand, 
and the head of Medusa in his left. The two 
smaller figures are heads of Saturn, with the falx in 
its original form ; and the fourth cameo, represent- 
ing the same divinity at full length, was probably 
engraved in Italy at a later period than the others, 
but early enough to prove that the scythe was in 
use among the Romans, while it illustrates the 
adaptation of the symbols of Saturn (Kpovog : se 
ncx falcifcr 1 ) for the purpose of personifying Time 
(Xpdvog), who, in the language of an ancient epi- 
gram, 3 destroys all things (fiiy dpEndvrj) with the 
same scythe. 3 

If we imagine the weapon which has now been 
described to be attached to the end of a pole, it 
would assume the form and be applicable to all 
the purposes of the modern halbert. Such must 
have been the asseres falcati used by the Romans 
at the siege of Ambracia.* (Vid. Aries, Antenna.) 
Sometimes the iron head was so large as to be fas- 
tened, instead of the ram's head, to a wooden 
beam, and worked by men under a testudo. 5 

Lastly, the Assyrians, the Persians, the Medes, 
and the Syrians in Asia, 6 and the Gauls and Brit- 
ons in Europe (vid. Covinus), made themselves for- 
midable on the field of battle by the use of chariots 
with scythes, fixed at right angles (etc; irTiayiov) to 
the axle and turned downward, or inserted parallel 
to the axle into the felly of the wheel, so as to re- 
volve, when the chariot was put in motion, with 
more than thrice the velocity of the chariot; itself; 
and sometimes also projecting from the extremities 
of the axle. 

FAMI'LIA. The word "familia" contains the 
same element as the word " famulus," a slave, and 
the verb " famulari." In its widest sense it signi- 
fies the totality of that w r hich belongs to a Roman 
citizen who is sui juris, and therefore a paterfamiij- 
as. Thus, in the third kind of testamentary dispo- 
sition mentioned by Gaius, 7 the word " familia" is 
explained by the equivalent "patrimonium ;" and 
the person who received the familia from the testa- 
tor (qui a testatore familiam accipiebat mancipio) was 
called " familiae emptor." In the same sense we 
find the expression " erciscundae familiae."* 

But the word " familia" is sometimes limited to 
signify " persons," that is, all those who are in the 



1. (Ovid, Fast., v., 627 ; in Ibin, 216.)— 2. (Brunck, Anal, I 
iii., 281.)— 3. (See Mariette, " Traite des Pierres Gravees," t. ii., 
pi. 2, 3.) — 4. (Liv., xxxviii., 5. — Compare Caes., Bell. Gall., vii.. 
22,86.— Q. Curt., iv., 19.)— 5. (Veget., iv., 14.)— 6. (Xen., Cy- 
rop., vi., 1, 2. — Anab., i., 8. — Diod. Sic, ii., 5 ; xvii., 53. — Polyb., 
v., 53.— Q Curt., iv., 9, 12, 1?.— Aul. Gell., v.,5. — 1 Mace, xni., 
2.— Veget., iii., 24.— Liv- xxxvii., 41.)— 7. (ii., 102.)— 8. (Cic, 
Orat., i., 56.) 

429 



FAMILIA. 



FARTOR. 



pi>wei of a paterfamilias, such as his sons (filii-fa- 
Kiilias), daughters, grandchildren, and slaves. When 
" familia" is used in this sense, it is opposed to in- 
animate things ; and this seems to be the sense of 
the word familia in the formula adopted by the "fa- 
milise emptor" on the occasion of taking the testa- 
tor's familia by a fictitious purchase : " Familiam pe- 
cumamque tuam" &c. In another sense " familia" 
signifies all the free persons who are in the power 
of a paterfamilias ; and in a more extended sense 
of this kind, all those who are agnati, that is, all 
who are sprung from a common ancestor, and would 
be in his power if he were living. {Vid. Coonati.) 
With this sense of familia is connected the status 
familia?, by virtue of which a person belonged to a par- 
ticular familia, and thereby had a capacity for certain 
rights which only the members of the familia could 
claim. A person who changed this status ceased to 
belong to the familia, and sustained a capitis diminu- 
tio minima. (F^.Adoptio, Caput.) Members of the 
•same family were " familiares ;" and hence famili- 
aris came to signify an intimate friend. Slaves who 
belonged to the same familia were called, with re- 
spect to this relation, familiares. Generally, " famil- 
iaris" might signify anything relating to a familia. 

Sometimes " familia" is used to signify the slaves 
belonging to a person, 1 or to a body of persons (so- 
cietas), in which sense they are sometimes opposed 
to liberti, 2 where the true reading is " liberti." 3 

In the passage of the Twelve Tables which de- 
clares that in default of any heres suus, the property 
of the intestate shall go to the next agnatus, the 
word " familia" signifies the property only : " Ag- 
natus proximus familiam habeto." In the same sec- 
tion in which Ulpian 4 quotes this passage from the 
Twelve Tables, he explains agnati to be " cognati 
virilis sexus per mares descendentes ejusdem families. ," 
where the word " familia" comprehends only per- 
sons. 6 

The word familia is also applied (improperly) to 
sects of philosophers, and to a body of gladiators : 
in the latter sense with less impropriety. 

A paterfamilias and a materfamilias were respect- 
ively a Roman citizen who was sui juris, and his 
lawful wife. A filiusfamilias and a filiafamilias were 
a son and daughter in the power of a paterfamilias. 
The familia of a paterfamilias, in its widest sense, 
comprehended all his agnati ; the extent of which 
term, and its legal import, are explained under Cog- 
nati. The relation of familia and gens is explain- 
ed under Gens. 

The five following personal relations are also com- 
prehended in the notion of familia : 1. Manus, or 
the strict marriage relation between husband and 
wife ; 2. Servitus, or the relation of master and 
slave ; 3. Patronatus, or the relation of former mas- 
ter to former slave ; 4. Mancipii causa, or that in- 
termediate state between servitus and libertas, which 
characterized a child who was mancipated by his 
father (vid. Emancipatio) ; 5. Tutela and Curatio, 
tfte origin of which must be traced to the Patria Po- 
test.as. These relations are treated under their ap- 
propriate heads. 

The doctrine of representation, as applied to the 
acquisition of property, is connected with the doc- 
trine of the relations of familia ; but, being limited 
with reference to potestas, manus, and municipium, 
it is not coextensive nor identical with the relations 
of familia. Legal capacity is also connected with 
the relations of familia, though not identical with, 
but rather distinct from them. The notions of li- 
beri and servi, sui juris and alien i, are comprised in 
the above-mentioned relations of familia. The dis- 

1. (Cic. ad Div., xiv , 4.— Ad Quint., ii., Epist. 6.)— 2. (Cic, 
Brut., 22.)— 3. (Cic. ad Fam., i., 3.) — 4. (Frag., tit. 26, i.) —5. 
'Dig. 50, tit. 16, s. 195 ; 10, tit. 2.) 
430 



tinction of Gives, Latini, Peregnni, are entirely un- 
connected with the relations of familia. Many of 
the relations of familia have also no effect on legal 
capacity, for instance, marriage as such. That fam 
ily relationship which has an influence on legal ca 
pacity is the Patria Potestas, in connexion with 
which the legal capacities and incapacities of Alius 
familias, filiafamilias, and a wife in manu, may bv 
most appropriately considered. 1 

FAMI'LLE EMPTOR. (Vid. Familia.) 

FAMI'LLE ERCISCUND^ ACTIO. Ever) 
heres, who had full power of disposition over his 
property, was entitled to a division of the hereditas, 
unless the testator had declared, or the co-heredes 
had agreed, that it should remain in common for a 
fixed time. The division could be made by agree 
ment among the co-heredes ; but in case they could 
not agree, the division was made by a judex. For 
this purpose every heres had against each of his co- 
heredes an actio familiae erciscundae, which, like the 
actiones communi dividundo, and finium regundo- 
rum, was of the class of Mixtae Actiones, or, as they 
were sometimes called, Duplicia Judicia, because, 
as in the familiae erciscundoe judicium, each herea 
was both plaintiff and defendant (actor and reus) ; 
though he who brought the actio and claimed a ju 
dicium (ad judicium provocavit) was properly the aG 
tor. A heres, either ex testamento or ab intestate 
might bring this action. All the heredes were liable 
to the bonorum collatio (vid. Bonorum Collatio), 
that is, bound to allow, in taking the account of the 
property, what they had received from the testator 
in his lifetime, as part of their share of the hereditas, 
at least so far as they had been enriched by such 
donations. 

This action was given by the Twelve Tables. 
The word Familia here signifies the " property," as 
explained in the previous article, and is equivalent 
to hereditas. 

The meaning and origin of the verb ac-iscere, 01 
herc-iscere, have been a subject of some dispute. 
It is, however, certain that the word means " di- 
vision." 3 

FANUM. (Vid. Templum.) 

♦FAR, Spelt, often put for corn generally. Ac 
cording to Martyn, it is a sort of corn very like 
wheat ; but the chaff adheres so strongly to the 
grain that it requires a mill to separate them, like 
barley The far of the Romans was the same with 
the &ia or feo of the Greeks. " The ti^tj of Theo- 
phrastus, the olvpa of Homer, as well as the far 
and adoreum of the Romans, were in all probability," 
says Adams, " merely varieties of Spelt." " Far 
was the corn of the ancient Italians," remarks Mar- 
tyn, " and was frequently used in their sacrifices 
and ceremonies, whence it is no wonder that this 
word was often used for corn in general." The 
modern botanical name of Far is Triticum spelta. 
Dioscorides mentions two kinds of Zca : one the 
simple kind, [iovokokkoc, Triticum monococcum ; the 
other the double, 6lk6kkoc, Triticum spelta. Homer 
makes mention of Zea, as does also Theophrastus ; 
the latter gives it the epithet of robust or hardy, 
which is also applied to it by Virgil. 

FARTOR (atTEVT^c) was a slave who fattened 
poultry. 3 Donatus* says that the name was given 
to a maker of sausages ; but compare Becker, Gal- 
lus, ii., p. 190. 

The name of fartores or crammers was also given 
to the nomenclatores, who accompanied the candi- 
dates for the public offices at Rome, and gave them 
the names of such persons as they might meet. 8 

1. (Savigny, System des heutigen Rom. Rechtes, vols, i., ii., 
Berlin, 1840.)— 2. (Dig. 10, tit. 2. — Cic., De Orat., i., 56.— Prfl 
CiBcina, c. 7.— Apul., Met., ix., p. 210, Bipont.)— 3. (Colum. 
viii., 7.— Hor., Sat., II., iii.,228.— Plaut., True, I., ii., 11.)— 4 
(ad Terent., Eun., II., ii., 26.)— 5. (Festus, s. v. Faitores.) 



FASCES. 



FASOiWCJM. 



* aSCES were tods bound in the form of a bun- 
dle, and containing an axe (sccuris) in the middle, 
the iron of which projected from them. These 
rods were carried by lictors before the superior ma- 
gistrates at Rome, and are often represented on the 
reverse of consular coins. 1 The following woodcuts 
give the reverses of four consular coins ; in the first 
of which we see the lictors carrying the fasces on 
their shoulders ; in the second, two fasces, and be- 
tween them a sella curulis ; in the third, two fasces 
crowned, with the consul standing between them ; 
and in the fourth, the same, only with no crowns 
around the fasces. 




The next two woodcuts, which are taken from 
\he consular coins of C. Norbanus, contain, in addi- 
tion to the fasces, the one a spica and caduceus, 
and the other a spica, caduceus, and prora. 




' The fasces appear to have been usually made of 
birch (belulld 2 ), but sometimes also of the twigs of 
the elm. 3 They are said to have been derived from 
Vetulonia, a city of Etruria.* Twelve were carried 
before each of the kings by twelve lictors ; and on 
the expulsion of the Tarquins, one of the consuls 
was preceded by twelve lictors with the fasces and 
secures, and the other by the same number of lic- 
tors with the fasces only, or, according to some ac- 
counts, with crowns round them. 5 But P. Valerius 
Publicola, who gave to the people the right of prov- 
ocate, ordained that the secures should be removed 
from the fasces, and allowed only one of the consuls 
to be preceded by the lictors while they were at 
Rome. 6 The other consul was attended only by a 
single accensus. (Vid. Accensus.) When they 
*/ere out of Rome, and at the head of the army, 
e?.ch of the consuls retained the axe in the fasces, 
aiwi was preceded by his own lictors as before the 
time of Valerius. 7 {Vid. Consul.) 

When the decemviri were first appointed, the 
fasces were only carried before the one who presi- 

1. v'Spanh., De Praest. et Usu Numism., vol. ii., p. 88, 91.)— 

i. iPlin., II. N.,xvi., 30.)— 3. (Plaut., Asin., III., ii.,29; II., 

in., 74.) — 4. (Sil. Ital., viii.,-485.— Compare Liv., i., 8.)— 5. (Di- 

,-j.> ,v.,2.)— 6. (Cic, De Rep., ii., 31.— Val. Max., iv., 1, y 1.) 

'Dionys., »., 19.— Liv , xxiv., 9 ; xxviii., 27.) 



ded for the day ; x and it was not till the second de> 
cemvirate, when they began to act in a tyrannical 
manner, that the fasces with the axe were carried 
before each of the ten. 2 The fasces and secures 
were, however, carried before the dictator even in 
the city, 3 and he was also preceded by 24 lictors, 
and the magister equitum by six. 

The praetors were preceded in the city by two 
lictors with the fasces,* but out of Rome and at the 
head of an army by six, with the fasces and se- 
cures, whence they are called by the Greek writers 
arparrj-yol e^aireTiiKeic.' The proconsuls also were 
allowed, in the time of Ulpian, six fasces. 6 The 
tribunes of the plebs, the aediles and quaestors, had 
no lictors in the city, 7 but in the provinres the 
quaestors were permitted to have the fasces." 

The lictors carried the fasces on their shoulders, 
as is seen in the coin of Brutus given above ; and 
when an inferior magistrate met one who was high- 
er in rank, the lictors lowered their fasces to him. 
This was done by Valerius Publicola when he ad- 
dressed the people ; 9 and hence came the expression 
submitter e fasces in the sense of to yield, to confess 
one's self inferior to another 10 

When a general had gained a victory, and ha( 
been saluted as Imperator by his soldiers, he usual- 
ly crowned his fasces with laurel. 11 

FASCIA, dim. FASCIOLA, a band or fillet of 
cloth, worn, 1. round the head as an ensign of roy- 
alty 18 (vid. Diadema. Woodcut to article Falx) : 2. 
by women over the breast 13 (vid. Strophium) : 3. 
round the legs and feet, especially by women. Ci- 
cero reproached Clodius for wearing fasciae upon 
his feet, and the Calantica, a female ornament, 
upon his head. 1 * Afterward, when the toga had 
fallen into disuse, and the shorter pallium was 
worn in its stead, so that the legs were naked and 
exposed, fascia crurales became common even with 
the male sex. 15 The Emperor Alexander Severus 1 ' 
always used them, even although, when in town, 
he wore the toga. Quintilian, nevertheless, assert3 
that the adoption of them could only be excused on 
the plea of infirm health. 17 White fasciae, worn by 
men, 18 were a sign of extraordinary refinement in 
dress : the mode of cleaning them was by rubbing 
them with a white tenacious earth, resembling ou* 
pipe-clay (fascia cretatcz 19 ). The finer fasciae, worn 
by ladies, were purple. 20 The bandages wound about 
the legs, as shown in the illuminations of ancient 
MSS., prove that the Roman usage was generally 
adopted in Europe during the Middle Ages. 

By metaphor, the term •' fascia" was applied in 
architecture to a long, flat band of stone, marble, or 
wood. Thus the architrave of an Ionic or Corin- 
thian entablature consists of three contiguous hori 
zontal fasciae. 21 

On the use of fasciae in the nursing of children,** 
vide Incunabula. 

FA'SCINUM (/3a<?Kavia), fascination, enchant- 
ment. The belief that some persons had the power 
of injuring others by their looks, was as prevalent 
among the Greeks and Romans as it is among the 
superstitious in modern times. The 6<p6a?ifidc fiaa- 
kqvoc, or evil eye, is frequently mentioned by ancient 



1. (Liv., iii., 33.)— 2. (Liv., iii., 36 }— 3. (Liv., ii., 18.)-4. 
(Censorm., De Die Natal., 24. — Cic, Agrar., ii., 34.) — 5. (Ap- 
p.an, Syr., 15.— Polvb., ii., 24, t> 6; iii., 40, $ 9; 106, <) 6.)—€. 
(Big. 1, tit. 16, s. 14.)— 7. (Aul. Gel., xiii., 12.)— 8. (Cic, Pro 
Plane, 41.)— 9. (Cic, De Rep., ii., 31.— Liv., ii., 7.— Val. Max.. 
iv., 1, $ 1.)— 10. (Cic, Brut., 6.)— 11. (Cic. ad Att., viii., 3. 6 5. 
— De Div., i., 28.— Csns., Bell. Civ., iii., 71.)— 12. (Sueton., Jul.. 
79.)— 13. (Ovid, De Art. Amat., iii., 622.— Propert., iv., 10, 49 
—"Fascia Pectoralis," Mart., xiv., 134.)— 14. (ap. Non. Marr 
xiv., 2.)— 15. (Val. Max., vi., 27.— Grat., Oyneg-.. 338.)— 16 
(JEL Lamprid., c. 40.)— 17. (Inst. Or., xi., 3.)— 18. (Val. Max., 
1. c— Phaedr., v., 7, 36.)— 19. (Cic ad Att., 2, 3.)— 20. (Cic, Dp 
Harusp. Resp., 21.)— 21. (Vit., iii., 5, p. 84, ed. Schneider.)— 9* 
(Plaut., True, r., 13.) 

AM 



FASTI. 



FASTI. 



writers. 1 Plutarch, in his Symposium, 3 has a sep- 
arate chapter wept rtiv Karataa naivety Aeyofxevuv, 
cat fiaanavov ex £lv bfydaAfibv. The evil eye was 
supposed to injure children particularly, but some- 
times cattle also ; whence Virgil 3 says, 

" Nescio quis teneros oculus mihi fascinat agnos." 

Various amulets were used to avert the influence 
of the evil eye. The most common of these ap- 
pears to have been the phallus, called by the Ro- 
mans fascinum, which was hung round the necks 
of children (turpicula res*). Pliny, 5 also, says that 
Satyrica signa, by which he means the phallus, 
were placed in gardens and on hearths as a protec- 
tion against the fascinations of the envious ; and 
we learn from Pollux 6 that smiths were accustom- 
ed to place the same figures before their forges for 
ihe same purpose. Sometimes other objects were 
employed for this purpose. Pisistratus is said to 
nave hung the figure of a kind of grasshopper before 
the Acropolis as a preservative against fascination. 7 

Another common mode of averting fascination 
was by spitting into the folds of one's own dress. 8 

According to Pliny, 9 Fascinus was the name of a 
god, who was worshipped among the Roman sacra 
by the vestal virgins, and was placed under the 
chariot of those who triumphed as a protection 
gainst fascination ; by which he means, in all 
probability, that the phallus was placed under the 
chariot. 10 

*FASELUS, the Kidney Bean, Phaseolus vulga- 
ris, L., called by the Greeks <j>aoioAoc. The kid- 
ney beans are said to have been very common 
among the Romans, and hence the epithet vilis ap- 
plied to the faselus by Virgil. 11 According to Pliny, 13 
the Romans ate both seeds and shells, as we do 
now. Fee thinks that the Greek names <j>aaioAoc, 
QacT/oAog, and <j>ao'tAoc, are so many diminutives 
from daoTjAog, a small boat or canoe, the Kidney 
Bean resembling such in form. 13 

FASTI. Fas signifies divine law: the epithet 
fastus is properly applied to anything in accordance 
with divine law, and hence those days upon which 
legal business might, without impiety (sine piaculo), 
be transacted before the praetor, were technically 
denominated fasti dies, i. e., lawful days. Varro 
and Festus derive fastus directly from fari,'-* while 
Ovid 15 may be quoted in support of either etymol- 
ogy. 

The sacred books in which the fasti dies of the 
year were marked, were themselves denominated 
fasti ; the term, however, was employed in an ex- 
tended sense to denote registers of various descrip- 
tions, and many mistakes have arisen among com- 
mentators from confounding fasti of different kinds. 
It will be useful, therefore, to consider separately 
the two great divisions, which have been distin- 
guished as Fasti Sacri or Fasti Kalendares, and 
Fasti Annales or Fasti Historici. 

I. Fasti Sacri or Kalendares. For nearly four 
centuries and a half after the foundation of the city, 
a knowledge of the calendar was possessed exclu- 
sively by the priests. One of the pontifices regu- 
larly proclaimed the appearance of the new moon, 
and at the same time announced the period which 
would intervene between the Kalends and the 
Nones. On the Nones the country people assem- 



1. (Alciphr., Ep., i., 15. — Heliod., iEthiop., iii., 7. — Compare 
with Plin., H. N., vii., 2.)— 2. (v., 7.)— 3. (Eclog., iii., 103.)— 4. 
(Varro, De Ling. Lat., vii.. 97, Miiller.)— 5. (H. N., xix., 19, t) 
l.)_6. (viii., 118.)— 7. (Hesych., s. v. Karax'/vy.)— 8. (Theocr., 
fi., 39. — Plin., H. N., xxviii., 7. — Lucian, Navig., 15, vol. iii., p. 
859, Reitz.)— 9. (II. N., xxviii., 7.)— 10. (Miiller, Archaeol. der 
Kunst, y 436, 1, 2. — Bottiger, Klein. Schr., iii., p. 111. — Beaker, 
Charikles, ii., p. 109, 291.)— 11. (Georg., i., 227.)— 12. (H. N., 
rviii., 7.)— 13. (Flore de Virgile, p. lv.)— 14. (Varro, De Ling. 
Lat., ri., 2.- -Festus, s. v Fasti.)— 15. (Fast., i., 47.) 
432 



bled for the purpose of learning from the Rex S* 
crorum the various festivals to be celebrated during 
the month, and the days on which they would fall. 1 
In like manner, all who wished to go to law were 
obliged to inquire of the privileged few on what day 
they might bring their suit, and received the reply 
as if from the lips of an astrologer. 3 The whole ai 
this lore, so long a source of power and profit, and 
therefore jealously enveloped in mystery, was at 
length made public by a certain Cn. Flavius, scribe 
to Appius Caecus, 3 who, having gained access to the 
pontifical books, copied out all the requisite infor- 
mation, and exhibited it in the Forum for the use 
of the people at large. From this time forward 
such tables became common, and were known by 
the name of Fasti. They usually contained an enu- 
meration of the months and days of the year ; the 
Nones, Ides, Nundinae, Dies Fasti, Nefasti, Comi- 
tiales, Atri, &c. (vid. Calendar), together with the 
different festivals, were marked in their proper pla- 
ces : astronomical observations on the risings and 
settings of the fixed stars, and the commencement 
of the seasons, were frequently inserted, and some- 
times brief notices annexed regarding the introduc- 
tion and signification of certain rites, the dedication 
of temples, glorious victories, and terrible disasters 
In later times it became common to pay homage to 
the members of the imperial family by noting down 
their exploits and honours in the calendar, a species 
of flattery with which Antonius is charged by Ci- 
cero. 4 

It will be seen from the above description that 
these fasti closely resembled a modern almanac 
(Fastorum libri appellantur totius anni description); 
and the celebrated work of Ovid may be considered 
as a poetical Year-book or Companion to the Alma- 
nac, having been composed to illustrate the Fasti 
published by Julius Caesar, who remodelled the Ro- 
man year. All the more remarkable epochs are 
examined in succession, the origin of the different 
festivals explained, the various ceremonies descri- 
bed, the legends connected with the principal con- 
stellations narrated, and many curious discussions 
interwoven upon subjects likely to prove interesting 
to his countrymen ; the whole being seasoned with 
frequent allusions to the glories of the Julian line. 

Several specimens of fasti, more or less perfect, 
on stone and marble, have been discovered at dif- 
ferent times in different places, none of them, how- 
ever, older than the age of Augustus. The most 
remarkable, though one of the least entire, is that 
known as the Kalendarium Pranestinum or Fasti 
Verriani. Suetonius, in his short treatise on dis- 
tinguished grammarians, tells us that a statue of 
Verrius Flaccus, preceptor to the grandsons of Au- 
gustus, stood in the lower part of the forum of his 
native town, Prasneste, opposite to the Hemicyclium, 
on which he had exhibited to public view the fasti 
arranged by himself, and engraved on marble slabs . 
In the year 1770 the remains of a circular building 
were discovered in the immediate vicinity of the 
modern Palestrina, together with several fragment s 
of marble tablets, which were soon recognised as 
forming part of an ancient calendar ; and, upon 
farther examination, no doubt was entertained by 
the learned that these were the very fasti of Ver- 
rius described by Suetonius. An Italian antiquary, 
named Foggini, continued the excavations, collected 
and arranged the scattered morsels with great pa- 
tience and skill ; and in this manner the months of 
January, March, April, and December, to which a 
very small portion of February was afterward added, 



1. (Macroh., i., 15.)— 2. (Cic, Pro Muraen., 11.) — 3. (Liv., ix, 
46.— Plin., H. N., xxxiii., 1.— Aul. Gell., vi., 9.— Va!. Max., ii., 
5.)— 4. (Phil'pp., ii., 34. — Compare Tacit., Ann., i., 15.) — S 

(Festus.) 



FASTI. 



FASTIGIUM. 



were recovered ; and, although much defaced and 
mutilated, form a very curious and useful monu- 
ment. They appear to have embraced much infor- 
nation concerning the festivals, and a careful detail 
o( the honours bestowed upon, and the triumphs 
achieved by, Julius, Augustus, and Tiberius. The 
publication of Foggini contains not only an account 
of this particular discovery, but also the complete 
fasti of the Roman year, so far as such a compila- 
tion can be extracted from the ancient calendars 
now extant. Of these he enumerates eleven, the 
names being derived either from the places where 
they were found, or from the family who possessed 
them when they first became known to the literary 
world : 

1. Calendarium Maffeiorum, which contains the 
twelve months complete. 

2. Cal. Pranestinum, described above. 

3. Cal. Capranicorum, August and September 
complete. 

4. Cal. Amiterninum, fragments of the months 
from May to December. 

5. Cal. Antiatinum, fragments of the last six 
months. 

6. Cal. Esquilinum, fragments of May and June. 

7. Cal. Farnesianum, a few days of February and 
March. 

8. Cal. Pincianum, fragments of July, August, 
nd September. 

9. Cal. Venusinum, May and June complete. 

10. Cal. Vaticanum, a few days of March and 
April. 

11. Cal. Allifanum, a few days of July and Au- 
gust. 

Some of the above, with others of more recent 
date, are given in the Corpus Inscriptionum of Gru- 
ter, in the 11th vol. of the Thesaurus Rom. Antiqq. 
of Graevius, and in other works of a similar descrip- 
tion ; but the fullest information upon all matters 
connected with the Fasti Sacri is imbodied in the 
work of Foggini, entitled Fastorum anni Romani a 
Vcrrio Flacco ordinatorum reliquiae, &c, Romae, 
1779 ; and in Jac. Van Vaassen Animadverss. ad 
Faslos Rom. Sacros fragmenta, Traj. ad Rhen., 
1795 : to which add Ideler's Handbuch der Mathe- 
matischen und Tcchnischen Chronologie, Berlin, 1826. 

Before quitting this part of our subject, we may 
make mention of a curious relic, the antiquity of 
which has been called in question without good 
cause, the Calendarium Rusticum Farnesianum. 
This Rural Almanac is cut upon four sides of a 
cube, each face being divided into three columns, 
and each column including a month. At the top of 
the column is carved the appropriate sign of the 
B-xliac ; then follows the name of the month, the 
number of the days, the position of the nones, the 
length of the day and night, the name of the sign 
through which the sun passes, the god under whose 
protection the month was placed, the various agri- 
cultural operations to be performed, and a list of the 
orincipal festivals. Take May as an example : 

MENSIS 

MAIVS 

DIES. XXXI. 

NON. SEPTIM. 

DIES. HOR. XIIIIS. 

NOX. HOR. vims. 

SOL. TAVRO. 

TVTELA. APOLLIN. 

BEGET. RVNCANT. 

OVES. TONDENT. 

LANA. LAVATVR. 

IVVENCI. DOMANT. 

VICEA. PABVL. 

8ECATVR. 

SEUETEt 

In 



LVSTRANTVR. 

SACRVM. MERCVR. 

ET. FLORAE. 

{Vid. the commentary of Morcelli in his Optra Ept- 
graphica, vol. i., 77.) 

II. Fasti Annales or Historici. Chronicles 
such as the Annales Maximi (vid. Annales), con- 
taining the names of the chief magistrates for each 
year, and a short account of the most remarkable 
events noted down opposite to the days on which 
they occurred, were, from the resemblance which 
they bore in arrangement to the sacred calendars, 
denominated fasti ; and hence this word is used, 
especially by the poets, in the general sense of his- 
torical records. 1 

In prose writers, fasti is commonly employed as 
the technical term for the registers of consuls, dic- 
tators, censors, and other magistrates, which formed 
part of the public archives. 2 Again, when Cicero 
remarks, in the famous epistle to Lucceius, 3 " Ete- 
nim ordo Me annalium mediocriter nos retinet quasi 
enumeratione fastorum" he means that the regular 
succession of events merely detailed in chronicles 
fixed the attention but feebly, and was little more 
interesting than a mere catalogue of names.* 

A most important specimen of fasti belonging to 
this class, executed probably at the beginning of 
the reign of Tiberius, has been partially preserved. 
In the year 1547, several fragments of marble tab 
lets were discovered in excavating the Roman 
Forum, and were found to contain a list of consuls, 
dictators with their masters of horse, censors with 
the lustra which they closed, triumphs and ova 
tions, all arranged in regular succession according 
to the years of the Catonian era. These had evi- 
dently extended from the expulsion of the kings to 
the death of Augustus, and, although defective in 
many places, have proved of the greatest vanie iq 
chronology. The different pieces were collected 
and arranged under the inspection of Cardinal Alex- 
ander Farnese, and deposited in the Capitol, where 
they still remain. From this circumstance they 
are generally distinguished as the Fasti Capitolini. 
In the years 1817 and 1818, two other fragments 
of the same marble tablets were discovered in the 
course of a new excavation in the Forum. A fac- 
simile of them was published at Milan, by Borghesi, 
in 1818. 

The Fasti Consulares are given at the close of 
this work. 

FASTFGIUM. An ancient Greek or Roman 
temple, of rectangular (instruction, is terminated 
at its upper extremity by a triangular figure, both 
in front and rear, which rests upon the cornice of 
the entablature as a base, and has its sides formed 
by the cornices which terminate the roof. ( Via. 
woodcut, p. 61.) The whole of this triangle above 
the trabeation is implied in the term fastigium, called 
frontispiece (fronton, frontispizio) by French and 
Italian architects, but pediment by our own. Tlit* 
flat surface within the frame, when distinguished 
from the general term, is denominated tympanum 
by the Latins, 8 from its resemblance to the skin in 
the frame of a drum, and airufia, or aeroc, by the 
Greeks, 6 either because its figure resembles that 
of an eagle with outstretched wings, 7 or because 
the tympanum of the earliest temples, which were 
dedicated to Jupiter, was usually ornamented by an 
eagle in relief, 8 an instance of which is afforded 
by the coin represented in the following woodcut.' 

1. (Horat., Sat.,I.,iii., 112.— Carm.,TV., xiii., 13 ; III., xvii., 7.) 
— 2. (Liv., ix., 18. — Cic, Pro Sext., 14. — Compare Cic, Philipp., 
xiii., 12.— Tacit., Ann., iii., 17, 18.)— 3. (ad Fam., v., i2.)— 4. 
(Compare ad Att., iv., 8.) — 5. (Vitruv., iii., 3, p. 99, ed. Bipont.) 
— 6. (Aristoph., Aves, 1110.— Paus., i., 24, t> 5 ; ii.. 7, $ 3 ; v 
10, *> 2 ; ix., 11, <> 4.)— 7. (Eustath. ad II., 24, p. 1352, 1. 37.)- 
8. (Pind., Oiymp., xiii., 29.)— 9. (Bcger, Spied. Antiq., p 6.) 

433 



fAX, 



FEL terra:. 




£©. UM©& &DAIKI1 



H^wip^wwwpjWfP 



fxHHiMMM Hm aee 



Bat far richer sculptures from the chisel of the most 
eminent artists 1 were subsequently introduced, the 
effect of which may be seen in the restored pedi- 
ment of the Temple of Jupiter Panhellenius in the 
British Museum : the fragments of the Elgin mar- 
bles, in the same place, were originally placed in 
the aerafia, or ev rolg aerolg of the Parthenon. Ter- 
ra-cotta figures were applied in a similar manner by 
the Romans in the early ages. 2 

The dwelling-houses of the Romans had no gable- 
ends ; consequently, when the word is applied to 
them, 3 it is not in its strictly technical sense, but 
designates the roof simply, and is to be understood 
of one which rises to an apex as distinguished from 
a flat one. The fastigium, properly so called, was 
appropriated to the temples of the gods, from the 
original construction of which its form naturally 
sprung ;* and, therefore, when the Romans began 
to bestow divine honours upon Caesar, among other 
privileges which they decreed to him was the lib- 
erty of erecting a fastigium to his house, 5 that is, a 
portico and pediment towards the street, like that 
of a temple. In like manner, the pent of a pave- 
ment, which slopes away on each side from its 
central line, so as to allow of the water draining 
off in hypsethral buildings, &c, is termed fastigi- 
um; 6 and the piles of the bridge which Ceesar 
threw across the Rhine are described as fastigata, 7 
converging like the two sides of a pediment. 

FAX (<pavog), a Torch. The descriptions of poets 
and mythologists, and the works of ancient art, rep- 
resent the torch as carried by Diana, Ceres, Bello- 
na, Hymen (woodcut, p. 209), Phosphorus, by females 
in Bacchanalian processions (p. 257), and, in an in- 
verted position, by Sleep and Death. In the annexed 
woodcut, the female figure in the middle is copied 
from a fictile vase. The winged figure on the left 




hand, asleep and leaning on a torch, is from a 
funeral monument at Rome : the word " Somnus" 
g-s inscribed beside it. The other winged figure, 
also with the torch inverted, is taken from an an- 
tique gem, and represents Cupid under the character 

L fPaus., H. cc.)— 2. (Cic, Divin., i., 10.— Vitruv., iii.. 2, p. 
88.— Plin., H. JSL, xxxv., 43, 46 ; xxxvi., 2.)— 3. (Cic, Ep. ad 
Quint, F r., iii., 1, 4. — Virg., Mn., viii., 491.) — 4. (Cic, De 
Orat,, iii., 46.)— 5. (Cic, Phil., ii., 43.— Florus, iv.. 2— Hut., 
Cage., 81, compared with Acroterium.)— 6. (Vitruv., v., 9, p. 
151.}— 3. (Cass., ©ell. Gall., iv., 15.) 
434 



of Avoepu>c l or " Lethaeus Amor." In ancient 
marbles, the torch is sometimes more ornamented 
than in the examples now produced ; but it always 
appears to be formed of wooden staves or twigh, 
either bound by a rope drawn round them in a spiral 
form, as in the above middle figure, or surrounded 
by circular bands at equal distances, as in the two 
exterior figures, and in the woodcut at p. 257. The 
inside of the torch may be supposed to have been 
filled with flax, tow, or other vegetable fibres, the 
whole being abundantly impregnated with pitch, 
rosin, wax, oil, and other inflammable substances. 
This inference from the representations of torches 
on ancient monuments of all kinds is confirmed by 
the testimony of Athenaeus 3 and Pliny, 4 who men- 
tion that the branches of the oak, ilex, hazel, and 
hornbeam were chiefly used for making them by 
being cut into staves of the requisite forms. They 
were also made of the branches of the vine, 5 which 
are exceedingly vascular, and certainly well adapt- 
ed for imbibing and retaining fluids. A torch of 
vine was called hotyvLg. Another admirable plant 
for making torches was the Spanish broom, 6 the 
long twigs of which resemble rushes, and are full 
of pith. 

As the principal use of torches was to give light 
to those who went abroad after sunset, they were 
apt to be extinguished and rendered useless by a 
shower of rain. Hence the expression, "This torch 
is full of water." 7 In allusion to the time when 
they were used, the portion of the Roman day im- 
mediately succeeding sunset was called fax or prima 
fax* 

Torches, as now described, appear to have been 
more common among the Romans than the Greeks, 
who usually employed the more ancient and more 
simple T^:da, or the lamp. (Vid. Lucerna.) The 
use of torches after sunset, and the practice of cel- 
ebrating marriages at that time, probably led to the 
consideration of the torch as one of the necessary 
accompaniments and symbols of marriage. Among 
the Romans, the fax nuptialis, 9 having been lighted 
at the parental hearth, was carried before the bride 
by a boy whose parents were alive. 10 The torch 
was also carried at funerals (fax sepulchraiis 11 ), both 
because these were often nocturnal ceremonies, and 
because it was used to set fire to the pile. Hence 
the expression of Propertius, 12 " Vivimus insignes 
inter utramque facem." 13 The torch-bearer turned 
away his face from the pile in setting it on fire. 14 

FEBRUA'RIUS. (Vid. Calendar, Roman.) 

FECIA'LES. (Vid. Fetiales.) 

*FELIS, the Cat. The allovpog of the Greeks 
is the Fclis Catus, L., or Wild Cat. Some apply 
the term Karrrig to the Domestic Cat. " The com- 
mon Cat," observes Griffith, " is said to be origi- 
nally from the forests of Europe. In the savage 
state it is of a brown-gray colour, with transverse 
deeper stripes ; the tail has two or three dark bands, 
and the extremity is black. The genuine Wild Cat 
is to be found in the remote parts of Great Britain, 
and may be called, as Mr. Pennant remarks, the Eng- 
lish Tiger. Its manners are similar to those of the 
Lynx, living in woods, and preying during the night 
on every animal it can conquer." 

*FEL TERRJ3, a name given to the herb Ccn- 
taurium Chironia (Kevravptov to [wepbv kcu Xifivalov), 



1. (Serv. in Virg., ^n., iv., 520.)— 2. (Ovid, Rem Amor., 
555.) — 3. (xv., 57-61.) — 4. (H. N., xvi., 18; xviii., 26.) — 5. 
(Aristoph., Lys., 308.— Athen., 1. c)— 6. (PHn., II. N., xix., 2.) 
—7. (Menander, ed. Mein., p. 24.)— 8. (Aul. Gell., iii., 2.— Ma- 
crob., Sat., i., 2.)— 9. (Cic, Pro Cluent., 6.)— 10. (Plaut., Cas., 
i., 30. — Ovid, Epist., xi., 101. — Servius in Virg., Eclog., viii., 
29.— Plin., H. N., xvi., 18.— Festus, s. v. Patrimi.)— 11 (Ovid, 
Epist., ii., 120.)— 12. (iv., 12, 46.) -13. (Vid. also Ovid, Epist. , 
xxi., 172. — Fast., ii., 561. — Virg., JKn., xi., 143. — Servius, ad 
loc— Tacit., Ann., iii., 4.— Sen., Epist.. 123— Id., de Biev V* 
20.)— 14. (Virg., JEn., vi., 224.) 



FERLE. 



FERLE. 



on account of its bitterness, " propter amariludinem 
tummam." 

FEMINA'LIA were worn in winter by Augustus 
Caesar, who was very susceptible of cold. 1 Casau- 
bon supposes them to have been bandages or fillets 
{vol. Fascia) wound about the thighs ; it seems 
more probable that they were breeches resembling 
ours, since garments for the thighs (Trepifir/pta) were 
Avorn by the Roman horsemen ; 2 and the column of 
Trajan, the arch of Constantine, and other monu- 
ments of the same period, present numerous exam- 
ples of both horse and foot soldiers who wear breech- 
es, closely fitted to the body, and never reaching much 
below the knees. (See woodcuts, p. 11, 78, 95.) 

FENESTRA. (Vid. House.) 

FENUS. (Vid. Interest of Money.) 

FERA'LIA. (Vid. Funus.) 

FE'RCULUM (from fer-o) is applied to any kind 
of tray or platform used for carrying anything. 
Thus it is used to signify the tray or frame on which 
several dishes were brought in at once at dinner ; 3 
and hence fercula came to mean the number of 
'•ourses at dinner, and even the dishes themselves.* 

The ferculum was also used for carrying the im- 
ages of the gods in the procession of the circus 5 
(vid. Circus, p. 256), the ashes of the dead in a fu- 
neral, 6 and the spoils in a triumph ; 7 in all which 
cases it appears to have been carried on the shoul- 
ders or in the hands of men. The most illustrious 
captives were sometimes placed on a ferculum in a 
triumph, in order that they might be better seen. 8 

FERETRUM. (Fid. Funds.) 

FERLE, holydays, were, generally speaking, days 
or seasons during which freeborn Romans suspend- 
ed their political transactions and their lawsuits, 
and during which slaves enjoyed a cessation from 
labour. 9 All feriae were thus dies nefasti. The 
feriae included all days consecrated to any deity ; 
consequently, all days on which public festivals 
were celebrated were feriae or dies feriati. But 
some of them, such as the feria vindemialis, and the 
i'eriae aestivae, seem to have had no direct connexion 
with the worship of the gods. The nundinae, how- 
ever, during the time of the kings and the early pe- 
riod of the Republic, were feriae only for the popu- 
lus, and days of business for the plebeians, until, by 
the Hortensian law, they became fasti, or days of 
business for both orders. 10 

All feriae were divided into two classes, feria pub- 
lico and ferice privatce. The latter were only ob- 
served by single families or individuals, in commem- 
oration of some particular event which had been of 
importance to them or their ancestors. As family 
feriae, are mentioned the ferice Claudice, JEmilia, Ju- 
lia, Cornelia, &c, and we must suppose that all the 
great Roman families had their particular feriae, as 
they had their private sacra. Among the family-hol- 
ydays we may also mention the ferice denicales, i. 
e., the day on which a family, after having lost one 
of its members by death, underwent a purification. 11 
Individuals kept feriae on their birthdays, and other 
occasions which marked any memorable event of 
their lives. During the time of the Empire, the 
birthday of an emperor sometimes assumed the char- 
acter of a feria publica, and was celebrated by the 
whole nation with games and sacrifices. Thus the 
birthday of Augustus, called Augustalia, was cele- 
brated with great splendour even in the time of 

1. (Suetua., Octav.. 82.)— 2. (Arrian, Tact., p. 14, ed. Blanc.) 
—3. (Petron., 35. — Plin., H. N., xxviii., 2.)— 4. (Suet., Octav., 
74.— Serv. ad Virg., JEa., i., 637.— Juv., i., 93. — Id., xi., 64.— 
Hor., Sat., II., vi., 104.— Mart., iii., 50.— Id., ix., 82.— Id., xi., 
31.)— 5. (Suet., Jul., 76.)— 6. (Suet., Cal., 15.)— 7. (Suet., Jul., 
37.— Liv., i., 10.) — 8. (Senec, Here. (Et., 109.)— 9. (Cic, De 
Leg., ii., 8, 12.— Id., De Div., i., 45.)— 10. (Macrob., Sat., i., 16.— 
Compare Niebuhr, Hist, of Rome, ii., p. 213, &c. — Walter, Ges- 
ri.-.chf-e d. Rom. Rechts, p. 190.) — 11. (Fest., s. v. — Cic, De 
Leg., i., 22.— Columell., ii., 22.'> 



Dion Cassius. 1 The day on which Augustus had 
returned from his wars was likewise for a long time 
made a holyday of. a The dies natalicii of the citiea 
of Rome and Constantinople were at a still later 
period likewise reckoned among the feriae. 3 

All ferice publica, i. c., those which were ob- 
served by the whole nation, were divided into ferice 
stativce, ferice concepliva, and ferice imperatives. Fe- 
riae stativae or statae were those which were held 
regularly, and on certain days marked in the calen- 
dar.* To these belonged some of the great festi- 
vals, such as the Agonalia, Carmentalia, Lupercalia, 
&c. Feriae conceptivae or conceptse were held ev- 
ery year, but not on certain or fixed days, the time 
being every year appointed by the magistrates or 
priests (quotannis a magistratibus vel sacerdotibus 
concipiuntur 5 ). Among these we may mention the 
feriae Latinae, feriae Sementivae, Paganalia, and Com- 
pitalia. Ferice imperatives are those which were 
held on certain emergencies at the command of 
the consuls, praetors, or of a dictator. The books of 
Livy record many feriae imperativae, which Aere 
chiefly held in order to avert the dangers *vhich 
some extraordinary prodigy seemed to forbode, but 
also after great victories. 6 They frequently lasted 
for several days, the number of which depended upon 
the importance of the event which was the cause 
of their celebration. But whenever a rain of stones 
was believed to have happened, the anger of the 
gods was appeased by a sacrum novemdiate, or feria 
per novem dies. This number*of days had been fixed 
at the time when this prodigy had first been ob- 
served. 7 Respecting the legitimate forms in which 
the feriae conceptivae and imperativae were an- 
nounced and appointed, see Brisson., De Form , p. 
107, &c. 

The manner in which all public feriae were kept 
bears great analogy to our Sunday. The people 
generally visited the temples of the gods, and of 
fered up their prayers and sacrifices. The most se 
rious and solemn seem to have been the feriae im- 
perativae, but all the others were generally attended 
by rejoicings and feasting. All kinds of business, 
especially law T suits, were suspended during the pub- 
lic feriae, as they were considered to pollute the 
sacred season : the rex sacrorum and the flamines 
were not even allowed to behold any work being 
done during the feriae ; hence, when they went out, 
they were preceded by their heralds (pracia, pra- 
clamitatores, or calatores), who enjoined the people to 
abstain from working, that the sanctity of the day 
might not be polluted by the priests seeing persons 
at work. 8 Those who neglected this admonition 
were not only liable to a fine, but, in case their diso- 
bedience was intentional, their crime was considered 
to be beyond the power of any atonement ; where- 
as those who had unconsciously continued their 
work might atone for their transgression by offering 
a pig. It seems that doubts as to what kinds of 
work might be done at public feriae were not unfre- 
quent, and we possess some curious and interesting 
decisions given by Roman pontiffs on this subject. 
One Umbro declared it to be no violation of the fe- 
riae if a person did such work as had reference to 
the gods, or was connected with the offering of sac- 
rifices ; all work, he moreover declared, was allow- 
ed which was necessary to support the urgent 
wants of human life. The pontiff Scaevola, when 
asked what kind of work might be done on a dies 
feriatus, answered that any work might be done if 



1. (liv., p. 624.— Id., lvi., p. 688.)— 2. (Tacit., Annal., i., 15, 
with the note of Lipsius.)— 3. (Cod. 3, tit. 12, s. 6.)— 4. (Fest., 
s. v. — Macrob., 1. c.)— 5. (Macrob., 1. c. — Varro, De Ling. Lat., 
v., 3, &c— Fest., s. v.)— 6. (Liv., i., 31 ; iii., 5 ; vii., 28 ; xxxv., 
40; xliii., 3.— Polyb., xxi., 1.)— 7. (Liv., i., 31.)— 8. (Fest., s. 
v. Praecia.— Macrob., 1. c— Compare Serv. ad Virg., Georg., w+ 
26ft —Pint.. Numa, c 14 •» 

435 



FERLE. 



FERLE. 



any sufferii g or injury should be the result of neg- 
lect or delay, e. g., if an ox should fall into a pit, 
the owner might employ workmen to lift it out ; or 
if a house threatened to fall down, the inhabitants 
might take such measures as would prevent its fall- 
ing, without polluting the feriae. 1 Respecting the 
various kinds of legal affairs which might be brought 
before the praetor on days of public feriae, vid. Di- 
gest. 2, tit. 12, s. 2. 

It seems to have been owing to the immense in- 
crease of the Roman Republic, and of the accumu- 
lation of business arising thereform, that some of 
the feriae, such as the Compitalia and Luperca- 
lia, in the course of time ceased to be observed, un- 
til they were restored by Augustus, who revived 
many of the ancient religious rites and ceremonies. 2 
Marcus Antoninus again increased the number of 
days of business (dies fasti) to 230, and the remain- 
ing days were feriae. 3 After the introduction of 
Christianity in the Roman Empire, the old feriae were 
abolished, and the Sabbath, together with the Chris- 
tian festivals, were substituted ; but the manner in 
which they were kept was nearly the same as that 
in which the feriae had been observed. Lawsuits 
were accordingly illegal on Sundays and holydays, 
though a master might emancipate his slave if he 
liked.* All work, and all political as well as juridi- 
cal proceedings, were suspended ; but the country 
people were allowed freely and unrestrainedly to 
apply themselves to their agricultural labours, which 
seem at all times to have been distinguished from, 
and thought superior to, all other kinds of work : 
for, as mentioned below, certain feriae were instituted 
merely for the purpose of enabling the country peo- 
ple to follow their rural occupations without being in- 
terrury/^i by lawsuits and other public transactions. 

After this general view of the Roman feriae, we 
shall proceed to give a short account of those festi- 
vals and holydays which were designated by the 
name of feriae. 

Feria Latino:? or simply Latin<z (the original name 
was Latiar 8 ), had, according to the Roman legends, 
been instituted by the last Tarquin in commemora- 
tion of the alliance between the Romans and Lat- 
ins. 6 But Niebuhr 7 has shown that the festival, 
which was originally a panegyris of the Latins, is 
of much higher antiquity ; for we find it stated that 
the towns of the Priscans and Latins received their 
shares of the sacrifice on the Alban Mount — which 
was the place of its celebration — along with the Al- 
bans and the thirty towns of the Alban common- 
wealth. All that the last Tarquin did was to con- 
vert the original Latin festival into a Roman one, 
and to make it the means of hallowing and cement- 
ing the alliance between the two nations. Before 
the union, the chief magistrate of the Latins had 
presided at the festival ; but Tarquin now assumed 
this distinction, which subsequently, after the de- 
struction of the Latin commonwealth, remained with 
the chief magistrates of Rome. 8 The object of this 
panegyris on the Alban Mount was the worship of 
Jupiter Latiaris, and, at least as long as the Latin re- 
public existed, to deliberate and decide on matters 
of the confederacy, and to settle any disputes which 
might have arisen among its members. As the fe- 
riae Latinae belonged to the conceptivae, the time of 
their celebration greatly depended on the state of 
affairs at Rome, as the consuls were never allowed 
to take the field until they had held the Latinae. 9 



1. (Macrob., 1. c, and iii., 3.— Virg., Georg., i., 270, with the 
remarks of J. H. Voss.— Cato, De Re Rust., 2. — Columella, ii., 
S2.— Compare Matth., xii., 11. — Luke, xiv., 5.)— 2. (Suet., Aug., 
31.)— 3. (Capitol., M. Anton. Phil., c. 10.)— 4. (Cod. 3, tit. 12.) 
—5. (Macrob., 1. c. — Cic. ad Quint. Fratr., ii., 4.)— 6. (Dionys. 
Hal., iv., p. 250. Sylb.)— 7. (Hist, of Rome, ii., p. 34.)— 8. (Liv., 
v., 17)— 9. (Liv., xxi., 63.- Id., xxii., 1.— Id., xxv., 12.— Dion 
Cass., xlvi , p. 356.) 
436 



This festival was a great engine in the hands ol the 
magistrates, who had to appoint the time of its cel- 
ebration (concipere, edicere, or indicere Latinas); as 
it might often suit their purpose either to hold the 
festival at a particular time or to delay it, in order 
to prevent or delay such public proceedings as 
seemed injuriois and pernicious, and to promote 
others to which they were favourably disposed. 
This feature, however, the feriae Latinae had in 
common with all other feriae conceptivae. When- 
ever any of the forms or ceremonies customary at 
the Latinae had been neglected, the consuls had the 
right to propose to the senate, or the college of 
pontiffs, that their celebration should be repeated (in- 
staurari 1 .) Respecting the duration of the feriae 
Latinae, the common opinion formerly was, that at 
first they only lasted for one day, to which subse- 
quently a second, a third, and a fourth were added :* 
but it is clear that this supposition was founded on 
a confusion of the feriae Latinae with the Ludi Max- 
imi, and that they lasted for six days, one for each 
decury of the Alban and Latin towns. 3 The fes- 
tive season was attended by a sacred truce, and no 
battle was allowed to be given during those days. 4 
In early times, during the alliance of the Romans 
and Latins, the chief magistrates of both nations 
met on the Alban Mount and conducted the solem- 
nities, at which the Romans, however, had the pres- 
idency. But afterward the Romans alone conduct- 
ed the celebration, and offered the common sacrifice 
of an ox to Jupiter Latiaris, in the name and on be- 
half of all who took part in it. The flesh of the 
victim was distributed among the several towns 
whose common sanctuary stood on the Alban 
Mount. 8 Besides the common sacrifice of an ox, 
the several towns offered each separately lambs, 
cheeses, or a certain quantity of milk 6 or cakes. 
Multitudes flocked to the Alban Mount on the occa- 
sion, and the season was one of great rejoicings 
and feasting. Various kinds of games were not 
wanting, among which may be mentioned the oscil- 
latio (swinging 7 ). It was a symbolic game, and the 
legend respecting its origin shows that it was de- 
rived from the Latins. Pliny" mentions that du- 
ring the Latin holydays a race of four-horse char- 
iots (quadriga certant) took place in the Capitol, in 
which the victor received a draught of absynthium. 

Although the Roman consuls were always present 
on the Alban Mount, and conducted the solemn sac- 
rifice of an ox, yet we read that the superintendence 
of the Latinae, like that of other festivals, was given 
by the senate to the aediles, who, therefore, proba- 
bly conducted the minor sacrifices, the various 
games, and other solemnities. 9 While the consuls 
were engaged on the Alban Mount, their place at 
Rome was filled by the praefectus urbi. ( Vid. Vrm- 
feotus Urbi.) 

The two days following the celebration of the 
Latin holydays were considered as dies religiosi, so 
that no marriages could be contracted . 1 ° From Dion 
Cassius we see that in his times the feriae Latinae 
were still strictly observed by the Romans, whereas 
the Latin towns had, at the time of Cicero, almost 
entirely given up taking any part in them. The 
Romans seem to have continued to keep them down 
to the fourth century of our aera. 11 

Feria Sementiva, or Sementina dies, was kept in 
seedtime for the purpose of praying for a good 

1. (Cic. ad Quint. Fr., ii., 6.— Liv., xxii., 1.— Id., xli., 16.) 
—2. (Dionys. Hal., vi., p. 415, ed. Sylburg.— 3. (Niebuhr, Hist 
of Rome, ii., 35. — Compare Liv., vi., 42.— Plut., CamiL, 42.)— 
4. (Dionys. Hal., iv., p. 250, Sylb. — Macrob., 1. c ) — 5. (Dionys 
Hal., 1. c— Varro, De Ling. Lat. v., 3, p. 58, Bip. — Schol. Be 
biens. in Cic, Orat. pro Plane, p. 255, &c, Orelli.) — 6. (Cic. 
De Div., i., 11.)— 7. (Fest., s. v. Oscillum )— (8. H. N., xxvii. 
2.)— 9. (Dionys. Hal., vi., p. 415.)— 10. (Cic. ad Quint. Fr., ii 
4.)— 11. (Lactant. Instit i.. 21.) 



FESCENNINA. 



FETIALES. 



crop ; it lasted only for one day, which was fixed 
by the pontiffs. 1 

Feria vindemialis lasted fiom the 22d of August 
to the 15th of October, and was instituted for the 
purpose of enabling the country people to get in the 
fruits of the field and to hold the vintage. 2 

Feria> astiva were holydays kept during the hot- 
test season of summer, when many of the wealthier 
Romans left the city and went into the country. 
They seem to have been the same as the messis fe- 
ria* and lasted from the 24th of June till the 1st of 
August. 

Ftricz pracidanece are said to have been prepara- 
tory days, or such as preceded the ordinary feriae ; 
although they did not belong to the feriae, and often 
even were dies atri, they were on certain occasions 
inaugurated by the chief pontiff, and thus made fe- 
riag. 5 

*FERTJLA, the ferula or fennel-giant, Ferula 
communis, L. Martyn 6 describes it as "a large 
plant, growing to the height of six or eight feet, 
with leaves cut into small segments, like those of 
fennel, but larger. The stalk is thick, and full of a 
fungous pith, whence it is used by old and weak 
persons to support them, on account of its light- 
ness." The pith was used by the ancients as a 
kind of tinder, and is said to be still employed for 
that purpose in Sicily. 7 According to the old class- 
ical legend, Prometheus, when he stole the fire from 
the skies, brought it to earth in the hollow of a feru- 
la, or, as the Greeks termed it, vupdn^. The flow- 
ers of this plant are yellow, and grow in large um- 
bels, like those of fennel. Fee 8 thinks that the 
ferula of Virgil ought rather to be identified with 
the Ferula Oricntalis of Tournefort, which that trav- 
eller met with very frequently in Greece. The 
people of Cyprus, at the present day, call the vdp- 
6nt; by the name of avdpdnicag. Sibthorp says it is 
very abundant in this island. The Latin term, feru- 
la is derived, according to etymologists, from ferire, 
c: to strike," because scholars were anciently cor- 
rected with the ferula by their teachers. From the 
lightness of the stalk, the infliction must have been 
more alarming than painful. The ferule of the 
modern preceptor resembles the classical ferula 
only in name, being capable of giving much greater 
pain. A willow-stick or branch would bear a much 
nearer resemblance to the ancient instrument of 
punishment. 9 Martial 10 alludes to the custom of 
employing the ferula for correction in the following 
lines : 

" Ferulczque tristcs, sceptra pcedagogorum 
Cessent ;" 

and Juvenal 11 also says, 

" Et nos ergo manum fcru'xz subduximus." 

*FERULA'GO (vapdrjiaov), a smaller species of 
ferula. 12 

FESCENNI'NA, soil, carmina, one of the earliest 
kinds of Italian poetry, which consisted of rude and 
jocose verses, or, rather, dialogues of extempore 
verses, 13 in which the merry country folks assailed 
and ridiculed one another. 1 * This amusement 
seems originally to have been peculiar to country 
people, but it was also introduced into the towns of 
Italy and at Rome, where we find it mentioned as 
one of those in which young people indulged at 
weddings." The fescennina were one of the popu- 
lar amusements at various festivals, and on many 

1. (Varro, De Ling. Lat., v., 3, p. 58, Bip.— Id., De Re Rust., i., 
S, init.— Ovid, Fast.,:., 658, &c.)— 2. (Cod. 3, tit. 12.)— 3. (Aul. 
GelL, ix., 15, $ 1.)— 4. (Cod. 3, tit. 12, s.2,6.)— 5. (Gell., iv., 6.) 
—6. (ad Virg., Eclog., x., 25.)— 7. (Martyn, 1. c.)— 8. (Flore de 
Virgile, p. lvi.)— 9. (Martyn, 1. c.)— 10. (Epig., x., 62.)— 11. 
(Sat., i., 15.)— 12. (Plin., H. N., xx., 23.)— 13. ,Liv., vii., 2.)— 
14. (Horat., Epist.. II., i., 145.)— 15. (Serv. ad 2En., vii., 695.— 
Serec, Controv.. 21 —Plin., H. N., xv., 22.) 



other occasions, but especially after the harvest 
was over. After their introduction into the towns, 
they seem to have lost much of their original rustic 
character, and to have been modified by the influ- 
ence of Greek refinement 5 1 they remained, how- 
ever, in so far the same, as they were at eJI times 
irregular, and mostly extempore doggerel verses. 
Sometimes, however, versus fescennini were also- 
written as satires upon persons. 3 That these rail 
leries had no malicious character, and were not in- 
tended to hurt or injure, may be inferred from the 
circumstance that one person often called upon an- 
other to answer and retort in a similar strain. The 
fescennina are generally believed to have been in 
troduced among the Romans from Etruria, and to 
have derived their name from Fescennia, a town of 
that country. But, in the first place, Fescennia 
was not an Etruscan, but a Faliscan town ; 3 and, in 
the second, this kind of amusement has at all time3 
been, and is still, so popular in Italy, that it can 
scarcely be considered as peculiar to any particular 
place. The derivation of a name of this kind from 
that of some particular place was formerly a fa- 
vourite custom, as may be seen in the derivation of 
caerimonia from Caere. Festus* endeavours to solve 
the question by supposing fescennina to be derived 
from fascinum, either because they were thought to 
be a protection against sorcerers and witches, or 
because fascinum (phallus), the symbol of fertility, 
had in early times, or in rural districts, been con- 
nected with the amusements of the fescennina. 
But, whatever may be thought of this etymology, it 
is of importance not to be misled by the common 
opinion that the fescennina were of Etruscan origin. 

FESTU'CA. (Vid. Servus.) 

FETIA'LES, a college 5 of Roman priests, who 
acted as the guardians of the public faith. It was 
their province, when any dispute arose with a for- 
eign state, to demand satisfaction, to determine the 
circumstances under which hostilities might be 
commenced, to perform the various religious rites 
attendant on the solemn declaration of war, and to 
preside at the formal ratification of peace. These 
functions are briefly but comprehensively defined 
by Varro : 6 " Fetialcs . . . fidei publica inter populos 
prceerant : nam per hos fiebat ut justum conciperetur 
helium et inde desitum, ut fozdere fides pads constitu 
eretur. Ex his mittcbantur, antequam conciperetur, 
qui res repeterent, et per hos etiam nunc fit fozdus," to 
which we may add the old law quoted by Cicero, 7 

" FcEDERUM, PACIS, BELLI, INDUCIAKUM ORATORES 
FETIALES JUDICESQUE SUNTO ■, BELLA DISCEPTANTO." 

Dionysius 8 and Livy 9 detail at considerable length 
the ceremonies observed by the Romans in the ear- 
lier ages, when they felt themselves aggrieved by a 
neighbouring people. It appears that, when an in- 
jury had been sustained, four fetiales 10 were deputed 
to seek redress, who again elected one of their num- 
ber to act as their representative. This individual 
was styled the pater patratus populi Romani. A 
fillet of white wool was bound round his head, to- 
gether with a wreath of sacred herbs gathered 
within the enclosure of the Capitoline Hill (vid. 
Verbena, Sagmina), whence he was sometimes 
named Verbenarius. 11 Thus equipped, he proceeded 
to the confines of the offending tribe, where he halt- 
ed and addressed a prayer to Jupiter, calling the 
god to witness, with heavy imprecations, that his 
complaints were well-founded and his demands rea- 
sonable. He then crossed the border, and the same 
form was repeated in nearly the same words to the 
first native of the soil whom he might chance to 



1. (Vid. Virg., Georg., H., 3S5, &c— Tibull., II., i., 55.— Ca- 
tull., 61, 27.)— 2. (Macrob., Saturn., ii., 4.)— 3. (Niebuhr, Hirt. 
of Rome, i., p. 136.)— 4. (s. v.)— 5. (Liv., xxxvi., 3.)— 6. (Dt 
Ling. Lat., v. 86. ed. Muller.)— 7. (De Lesr., ii., 9.)— 8. (ii., 72.' 
—9. (i., 32.)— 10. (Varro ap. Non.)— 11. (Plin., II. N., xxii., 2. 

437 



FETIALES. 



FIBULA. 



meet , again a third time to the sentine >r any 
citizen whom he encountered at the gate of the 
chief town ; and a fourth time to the magistrates 
in the Forum in presence of the people. If a satis- 
factory answer was not returned within thirty days, 
after publicly delivering a solemn denunciation — in 
which the gods celestial, terrestrial, and infernal 
were invoked — of what might be expected to follow, 
he returned to Rome, and, accompanied by the rest 
of the fetiales, made a report of his mission to the 
senate. If the people, 1 as well as the senate, deci- 
ded for war, the pater patratus again set forth to 
the border of the hostile territory, and launched a 
spear tipped with iron, or charred at the extremity 
and smeared with blood (emblematic, doubtless, of 
fire and slaughter) across the boundary, pronoun- 
cing, at the same time, a solemn declaration of war. 
The demand for redress and the proclamation of 
hostilities were alike termed clarigatio, which word 
the Romans in later times explained by clare repe- 
tere ; 2 but Gottling 3 and other modern writers con- 
nect it with the Doric form of Krjpv^ and ktjpvkeiov. 

Several of the formulae employed on these occa- 
sions have been preserved by Livy* and Aulus Gel- 
lius, 5 forming a portion of the Jus Fetiale by which 
the college was regulated. The services of the fe- 
tiales were considered absolutely essential in con- 
cluding a treaty; 6 and we read that, at the termina- 
tion of the second Punic war, fetiales were sent over 
to Africa, who carried with them their own verbena? 
and their own flint-stones for smiting the victim. 
Here also the chief was termed pater patratus. 1 

The institution of these priests was ascribed by 
tradition, in common with other matters connected 
with religion, to Numa; 8 and although Livy 9 speaks 
as if he attributed their introduction to Ancus Mar- 
cius, yet in an earlier chapter 10 he supposes them to 
Lave existed in the reign of Hostilius. The whole 
system is said to have been borrowed from the 
/Equicolae or the Ardeates, 11 and similar usages un- 
doubtedly prevailed among the Latin states ; for it 
is clear that a formula, preserved by Livy, 12 must 
have been employed when the pater patratus of the 
Romans was put in communication with the pater 
patratus of the Prisci Latini. 

The number of the fetiales cannot be ascertained 
with certainty, but some have inferred, from a pas- 
sage quoted from Varro by Nonius, 13 that it amount- 
ed to twenty, of whom Niebuhr supposes ten were 
elected from the Ramnes and ten from the Titien- 
ses ; but Gottling 1 * thinks it more probable that they 
were at first all chosen from the Ramnes, as the 
Sabines were originally unacquainted with the use 
of fetiales. They were originally selected from the 
most noble families ; their office lasted for life ; 15 
and it seems probable that vacancies were filled up 
by the college {co-optalione) until the passing of the 
lex Domitia, when, in common with most other 
priests, they would be nominated in the comitia 
tributa. This, however, is nowhere expressly sta- 
ted 

The etymology of fetialis is 'uncertain. Varro 
would connect it with Jidus and foedus ; Festus with 
fsrio or facio; while some modern scholars suppose 
it to be allied to tyrnii, and thus tyrjTuikeig would be 
oratores, speakers. In inscriptions we find both fe- 
tialis and fecialis ; but since, in Greek MSS., the 
word always appears under some one of the forms 
fprjTtakeig, ^etluXeic, <j)ltlu?,eic, the orthography we 
have adopted in this article is probably correct. 

The explanation given by Livy 16 of the origin of 



1. (Liv., x., 45.)— 2. (Plin., H. N., xxii., 3.— Serv. ad Virg., 
JEn., ix., 53.) — 3. (Geschichte der Rem. Staatsverf., p. 196.) — 
4. (i., 24, 32.)— 5. (xvi., 4.) -6. (Liv., ix., 5.)— 7. (Liv., xxx., 43.) 
—8. (Dionys., ii., 71.)— 9. (i., 32.)— 10. (i., 24.) — 11. (Liv. and 
Dionys., 1. c.)— 12. (i., 32.)— 13. (xii., 43.)— 14. (Geschichte der 
Rom. Staatsverf., p. 195.)— 15. (Dionys., ii., 72.)— 16. (i., 24.) 
438 



the term Pater Patratus is satisfactory : " Pate? 
Patratus ad jusjurandum patrandum, id est, sancien- 
dum fit foedus;'" and we may at once reject the 
speculations of Servius 1 and Plutarch, 2 the former 
of whom supposes that he was so called because it 
was necessary that his father should be alive, th<? 
latter that the name indicated that his father was 
living, and that he himself was the father of chil- 
dren. 

FIBULA (nepovTi, nepovic, TTEpovrjTpig: -rop-mi, tin 
Ttopmg : evettj), a Brooch, consisting of a pin (acus) 
and of a curved portion furnished with a hook 
(kTielc 3 ). The curved portion was sometimes a cir- 
cular ring or disc, the pin passing across its centre 
(woodcut, figs. 1, 2), and sometimes an arc, the pin 
being as the chord of the arc (fig. 3). The forms 
of brooches, which were commonly of gold or 
bronze, and more rarely of silver,* were, however, 
as various in ancient as in modern times ; for the 
fibula served in dress, not merely as a fastening, but 
also as an ornament. 6 




Women wore the fibula both with the Amictus 
and the iyidutus; men wore it with the amictus only. 
Its most frequent use was to pin together two parts 
of the scarf (vid. Chlamys), shawl, or blanket, which 
constituted the amictus, so as to fasten it over the 
right shoulder. 6 (Woodcuts, p. 11, 15, 78, 171, 227 s 
235, 244, 291.) More rarely we see it over the 
breast. (Woodcuts, p. 47, 186, 235.) The epithet 
eTepoiropTrog was applied to a person wearing the 
fibula on one shoulder only ; 7 for women often wore 
it on both shoulders. (Woodcuts, p. 96, 218, 257.) 
In consequence of the habit of putting on the amic- 
tus with the aid of a fibula, it was called irepovrjua 
or E/Lnirep6v7]{j.a* TTopizrjp.a, 9 or (i/nrexovrj TrepovfjTic}' 1 
The splendid shawl of Ulysses, described in the 
Odyssey, 11 was provided with two small pipes for 
admitting the pin of the golden brooch ; this contri- 
vance would secure the cloth from being torn. The 
highest degree of ornament was bestowed upon 
brooches after the fall of the Western Empire. Jus- 
tin II., 12 and many of the emperors who preceded 
him, as we perceive from the portraits on their 
medals, wore upon their right shoulders fibulae, from 
which jewels, attached by three small chains, de- 
pended. 13 

It has been already stated that women often wore 
the fibula on both shoulders. In addition to this, a 
lady sometimes displayed an elegant row of brooch- 
es down each arm upon the sleeves of her tunic, 14 
examples of which are seen in many ancient stat- 
ues. It was also fashionable to wear them on the 
breast ; 15 and another occasional distinction of fe- 
male attire, in later times, was the use of the fibula 
in tucking up the tunic above the knee. 

Not only might slight accidents to the person 
arise from wearing brooches, 16 but they were some- 

1. (ad ^En., ix., 53 • x., 14 ; xii., 206.)— 2. (Q. R., p. 127, ed 
Reiske.)— 3. (Horn., 0\., xviii., 293.)— 4. (^Elian, V. 1L, i., 18.) 
— 5. (Horn., Od., xix., 256, 257. — Eurip., Phoen., 821.) — 6. 
(Soph., Trach., 923.— Theocrit., xiv., 66.— Ovid, Met., viii., 318. 
—Tacit., Germ., 17.)— 7. (Schol. in Eurip., Ilea, 933, 934.)— 8. 
(Theocrit., Adon., 34, 79.) — 9. (Eurip., Electr., 820.)— .10. 
(Brunck, Anal., ii., 28.)— 11. (xix., 225-231.)— 12. (Corippus,ii., 
122.) — 13. (Beger, Thes. Pal., y. 407, 4G8, &c.) — 14. ( <Elian, 
V H., i., 18.)— 15. (Isid., Orig., xix,, 30.) — 113. .(Horn., II., t 
426) 



FICTILE. 



FICTILE. 



times used, especially by females, to inflict serious 
injuries. The pin of the fibula is the instrument 
which the Phrygian women employ to deprive Po- 
iymnestor of his sight, by piercing his pupils, 1 and 
with which the Athenian women, having first blind- 
ed a man, then despatch him. 2 GEdipus strikes the 
popils of his own eyeballs with a brooch taken from 
the dress of Jocasta. 8 For the same reason, nepovuu 
meant to pierce as with a fibula Qxepovnee, " pinned 

him" 4 ). 

Very large brooches are sometimes discovered, 
evidently intended to hold up curtains or tapestry. 
(Vid. Tapes, Velum.) 

Brooches were succeeded by buckles, especially 
among the Romans, who called them by the same 
name. The preceding woodcut shows on the right 
hand the forms of four bronze buckles from the col- 
lection in the British Museum. This article of dress 
was chiefly used to fasten the belt (vid. Balteus) 
and the girdle (vid. Zona). 6 It appears to have 
been, in general, much more richly ornamented than 
the brooch ; for, although Hadrian was simple and 
unexpensive in this as well as in other matters of 
costume, 6 yet many of his successors were exceed- 
ingly prone to display buckles set with jewels ( fibu- 
la, gemmata). 

The terms which have now been illustrated as 
applied to articles of dress, were also used to denote 
pins variously introduced in carpentry ; e. g., the 
linchpins of a chariot ; 7 the wooden pins inserted 
through the sides of a boat, to which the sailors 
fasten their lines or ropes ; 8 the trenails which 
unite the posts and planks of a wooden bridge ; 9 
and the pins fixed into the top of a wooden triangle, 
used as a mechanical engine. 10 

The practice of infibulating singers, alluded to by 
Juvenal and Martial, is described in Rhodius (De 
Ada) and Pitiscus. 

FI'CTILE (mpufiog, Kepu.fj.iov, oarpaKov, barpuKi- 
vov), earthenwaie, a vessel or other article made of 
baked clay. 

The instruments used in pottery (ars figulina) 
were the following : 1. The wheel (rpoxbs, orbis, 
rota, " rota figularis" 11 ), which is mentioned by Ho- 
mer, 1 ' and is among the most ancient of all human 
inventions. According to the representations of it 
on the walls of Egyptian tombs, 13 it was a circular 
table, placed on a cylindrical pedestal, and turning 
;reely on a point. The workman, having placed a 
lump of clay upon it, whirled it swiftly with his left 
hand, and employed his right in moulding the clay 
to the requisite shape. Hence a dish is called "the 
daughter of the wheel" (rpoxnldrog /cop?; 14 ). 2. Pie- 
ces of wood or bone, which the potter (nepa/ievc, 
figulus) held in his right hand, and applied occasion- 
ally to the surface of the clay during its revolution. 
A pointed stick, touching the clay, would inscribe a 
circle upon it -, and circles were in this manner dis- 
posed parallel to one another, and in any number, 
according to the fancy of the artist. By having the 
end of the stick curved or indented, and by turning 
it in different directions, he would impress many 
beautiful varieties of form and outline upon his va- 
ses. 3. Moulds (forma, tvttol 16 ), used either to dec- 
orate with figures in relief (irpoorvTra) vessels which 
had been thrown on the wheel, or to produce foliage, 
animals, or any other appearances on Antefixa, on 
cornices of terra-cotta, and imitative or ornamental 



1. (Eurip., Hec, 1170.)— 2. (Herod., v., 87.— Schol. in Eurip., 
llec, 934.)— 3. (Soph., (Ed. Tyr., 1269.— Eurip., Phcen., 62.)— 
4. (Horn., n., vii., 145 ; xiii., 397.)— 5. (Virg., JEn., xii., 274.— 
Lydus, De Mag. Rom., ii., 13.— Isid., 1. c.) — 6. (Spartian., Vit. 
Haclr., 10.)— 7. (Par then., 6.)— 8. (Apoll. Rhod.. i.; 567.) — 9. 
(Osar, B. G., iv., 17.)— 10. (Vitruv., x.,2.)— 11. (Plaut., Epid., 
in.. 2, 35.)— 12. (11., xviii.. 600.)— 13. (Wilkinson's Manners and 
Cnstoms, iii., p. 163.) — 14. (Xenarchus ap. Athen., ii., p. 64 | — 
15 (Schol. in Aristoph., Eccles.. 1.) 



pottery of all other kinds, in which the wheel wa» 
not adapted to give the first shape. The annexed 
woodcut shows three moulds, which were found 
near Rome by M. Seroux d'Agincourt. 1 They are 
cut in stone. One of them was probably used for 
making antefixa, and the other two for making 




hearts and legs, designed to be suspended by poor 
persons " ex voto" in the temples and sanctuaries 
( Vid. Donaria.) Copies of the same subject, which 
might, in this manner, be multiplied to any extent, 
were called " ectypa." 4. Gravers or scalpels, used 
by skilful modellers in giving to figures of all kinds 
a more perfect finish and a higher relief than could 
be produced by the use of moulds. These instru- 
ments, exceedingly simple in themselves, and deri- 
ving their efficiency altogether from the ability and 
taste of the sculptor, would not only contribute to 
the more exquisite decoration of earthen vessels, 
but would be almost the only tools applicable for 
making " Dii fictiles," or gods of baked earth, and 
other entire figures. 2 These were among the ear- 
liest efforts of the plastic art, and even in times of 
the greatest refinement and luxury il&y continued to 
be regarded with reverence. 

Vessels of all kinds were very frequently fur- 
nished with at least one handle (ansa, ovaq, wf). 
The Amphora was called Diota because it had 
two. The name of the potter was commonly 
stamped upon the handle, the rim, or some other 
part. Of this we have an example in the amphora, 
adapted for holding grain or fruits, oil or wine, 
which is here introduced from the work of Seroux 
d'Agincourt. The figure on the right hand shows 
the name in the genitive case, " Maturi," impress- 
ed on an oblong surface, which is seen on the han- 
dle of the amphora. 




The earth used for making pottery (tcepufiiKt] yf}*) 
was commonly red, and often of so lively a eclour 
as to resemble coral. Vauquelin found, by analysis, 
that a piece of Etruscan earthenware contained the 
following ingredients : silica, 53 ; alumina, 15; 
lime 8 ; oxide of iron, 24. To the great abundance 

1. (Recueil de Fragmens, p. 88-92.) —2. (Propert., ii., 3. 25 
—Id., iv., 1 , 5.— Piin., II. N., xxxv., 45, 46.— Sen., Cons, ad All* 
10. — dyti\tmr< 'k TrjXov. onrris yrjs '■ Paus., i., 2, 4. — Id., i., 3 
I — Id., ux., '<U, b.) — 3. (Ueopoi:., ii., 49.) 

439 



FICTILE. 



FICTILE. 



©t the last constituent the deep red colour is to be 
attributed. Other pottery is brown or cream-col- 
oured, and sometimes white. The pipe-clay, which 
must have been used for white ware, is called " fig- 
iina creta." 1 Some of the ancient earthenware is 
throughout its substance black, an effect produced 
by mixing the earth with comminuted asphaltum 
(ga.ga.tes), or with some other bituminous or oleagi- 
nous substance. It appears, also, that asphaltum, 
with pitch and tar, both mineral and vegetable, was 
used to cover the surface like a varnish. In the 
finer kinds of earthenware this varnish served as a 
black paint, and to its application many of the most 
beautiful vases owe the decorations which are now 
so highly admired. 2 But the coarser vessels, de- 
signed for common purposes, were also smeared 
with pitch, and had it burned into them, because by 
this kind of encaustic they became more impervious 
to moisture and less liable to decay. 3 Hence a 
'* dolium picatum fictile" was used, as well as a 
glass jar, to hold pickles.* Also the year of the 
vintage was inscribed by the use of pitch, either 
upon the amphorae themselves, or upon the la- 
bels (pittacia, schedia) which were tied round their 
necks. 5 Although oily or bituminous substances 
were most commonly employed in pottery, to pro- 
duce, by the aid of fire (ei> de fielavdeZev*'), the vari- 
ous shades of black and brown, the vessels, before 
being sent for the last time to the furnace (vid. 
Fornax), were sometimes immersed in that finely- 
prepared mud, now technically called " slip," by 
which the surface is both smoothed and glazed, and 
at the same time receives a fresh colour. Ruddle, 
or red ochre (fj,iXroc, rubrica), was principally em- 
ployed for this purpose. 7 To produce a farther 
variety in the paintings upon vases, the artists em- 
ployed a few brightly-coloured earths and metallic 
ores. 

As we might expect concerning an art so indis- 
pensable as that of the potter, it was practised to a 
great extent in every ancient nation ; even the most 
uncivilized not being strangers to it, and sometimes 
displaying a surprising degree of dexterity. The 
remains of an ancient pottery have been found in 
Britain, and some of the potters' names, preserved 
on their works, are probably British. "We are told 
of a place called the Potteries (Figlince) in Gaul. 
Numa instituted a corporation of potters at Rome. 8 
Mention has already been made of Egypt, and there 
are frequent allusions to the art in the ancient wri- 
tings of the Jews. We also read of its productions 
in Tralles, Pergamus, Cnidus, Chios, Sicyon, Cor- 
inth, Cumae, Adria, Modena, and Nola, from which 
city the exports of earthenware were considerable, 
and where some of the most exquisite specimens 
are still discovered. But three places were distin- 
guished above all others for the extent and excel- 
lence of this beautiful manufacture : 1. Samos, to 
which the Romans resorted for the articles of earth- 
enware necessary at meals, and intended for use 
rather than display. 9 2. Athens, a considerable 
part of which was called Ceramicus, because it was 
inhabited by potters. In this quarter of the city 
were temples dedicated to Athena, as presiding 
over every kind of handicraft, and to the two fire- 
gods, Hephaistos and Prometheus, the latter of 
whom was also the mythical inventor of the art of 
meddling. Various traditions respecting Corcebus 
and others point to the early efforts of the Athenian 

1. (Varro, De Re Rust , iii., 9.)— 2. (Plin., H., N., xxxvi., 
84.)-3. (Hor., Carm., i., 20, 3.— Plin., H. N., xiv., 20, 21.)— 4. 
(Oo'.nm., De Re Rust., xii., 18, 54.)— 5. (Plaut., Epid., iv., 2, 
15.— Hor., Carm., iii., 21, 1-5.)— 6. (Horn., Epig., xiv., 3.)— 7. 
<Sui.d.. s. v. KwAtado? Kipatxr)ts.)—%. (Plin., H. N., xxxv., 46.) 
—9, (Plaut., Bacch., ii., 2. 24— Such., v., 4, 12.— Tibull., ii., 3, 
51 _Cic, Pro Muraena, 36 —Plin., H. N., xxxv., 46.— Tertull., 
ipoj., 25.— A»son,, Epig.) 
440 



potters ; l and it is a remarkable circumstance, that 
the enemies of free trade, and especially of Athe- 
nian influence at JEgina and Argos, imposed re- 
strictions on the use of these productions. 2 The 
Athenian ware was of the finest description : the 
master-pieces were publicly exhibited at the Pana- 
thenjea, and were given, filled with oil, to the 
victors at the games ; in consequence of which, we 
now read on some of them, in the British Museum 
and other collections, the inscription Tuv 'A6rjvt}6<t> 
adluv, or other equivalent expressions. 3 

Many other specimens were presents given to 
relations and friends on particular occasions, and 
often distinguished by the epithets Kakog and x.aXf) 
added to their names. A circumstance which con- 
tributed to the success of the Athenians in this 
manufacture, was a mine of fine potters' clay in the 
Colian Promontory, near Phalerum. 4 The articles 
made from it became so fashionable, that Plutarch,* 
describing an act of extreme folly, compares it to 
that of the man who, having swallowed poison, re- 
fuses to take the antidote unless it be administered 
to him in a cup made of Colian clay. Some of the 
" Panathenaic" vases, as they were called, are two 
feet in height, which accords with what is said by 
ancient authors of their uncommon size. 6 A diota 
was often stamped upon the coins of Athens, in al- 
lusion to the facts which have now been explained. 
3. Etruria, especially the cities of Aretiura and 
Tarquinii. While the Athenian potters excelled all 
others in the manufacture of vessels, the Tuscans, 
besides exercising this branch of industry to a great 
extent, though in a less tasteful and elaborate man- 
ner, were very remarkable for their skill in produ- 
cing all kinds of statuary in baked clay. Even the 
most celebrated of the Roman temples were adorned, 
both within and without, by the aid of these pro- 
ductions. The most distinguished among them 
was an entire quadriga, made at Veii, which sur- 
mounted the pediment of the Temple of Jupiter 
Capitolinus. 7 The Etrurians also manifested their 
partiality to this branch of art by recurring to it for 
the purpose of interment ; for while Pliny men- 
tions 8 that many persons preferred to be buried in 
earthen jars, and in other parts of Italy the bones 
of the dead have been found preserved in amphorae, 
Etruria alone has afforded examples, some of them 
now deposited in the British Museum, of large sar- 
cophagi made wholly of terra cotta, and ornamented 
with figures in bas-relief and with recumbent stat- 
ues of the deceased. 

Among many qualities which we admire in the 
Greek pottery, not the least wonderful is its thin- 
ness (Ae7rrd 9 ) and consequent lightness, notwith- 
standing the great size of the vessels, and the perfect 
regularity and elegance of their forms. That it 
was an object of ambition to excel in this respect 
we learn from the story of a master and his pupii, 
who contended which could throw the thinness 
clay, and whose two amphora;, the result of the 
trial, were preserved in the temple at Erythrae. 

The Greeks and Romans contented themselves 
with using earthenware on all occasions until the 
time of Alexander the Great : the Macedonian con- 
quests introduced from the East a taste for vessels 
of gold and silver, in which, however, the Spartans 
refused to indulge themselves. The Persians, o% 
the contrary, held earthenware in so low estima 
tion, that they condemned persons to drink out o< 

1. (Plin., H. N., vii., 57. — Id., xxxv , 45. — Critias ap. Athen 
i., p. 28, C.)— 2. (Herod., v., 88.)— 3. (Pind., Nem., x., 35.- 
Schol. and Bockh, ad loc. — Beckh, Corp Inscrip. Gr., p. 49 ) — 
4. (Suid., 1. c — Athen., xi., p. 482.) — 5. (De Audit.)— 6 
(Athen., xi., p. 495.— Bockh in Pind.. Frag., No. 89.)— 7. (Plin. 
H. N., xxviii., 2.— Id., xxxv., 45.— Id., xxxvi., 2 — K . O. MuUer, 
Etrusker, iv., 3, 1, 2.) — 8. (II. N., xxxv., 46^ -9 (Phrt., 
Apophth.)— 10. (Plin., H. N., xxxv., 46- > 



FICUS. 



FIDEICOMMISSUM. 



fictile 1 essels as a punishment. 1 But, although the 
Romans, as they deviated from the ancient sim- 
plicity, made a great display of the more splendid 
kinds of vessels, yet they continued to look upon 
pottery not only with respect, but even with vener- 
ation. 2 They called to mind the magnanimity of 
the consul Curius, who preferred the use of his 
own earthenware to the gold of the Samnites ; 3 
they reckoned some of their cunsecrated terra-cot- 
ras, and especially the above-mentioned quadriga, 
among the safeguards of their imperial city ;* and, 
bound by old associations and the traditions of their 
earliest history, they considered earthen vessels 
proper for religious ceremonies, although gold and 
silver might be admitted in their private entertain- 
ments ; 8 for Pliny says 6 that the productions of 
this class, " both in regard to their skilful fabrica- 
tion and their high antiquity, were more sacred, 
and certainly more innocent, than gold." 

Another term, often used as synonymous with 
fictile, was testo. {Vid. Culix, Dolium, Later, Pa- 
tera, Patina, Tegula.) 

FICTIO. Fictions in Roman law are like fic- 
tions in English law, of which it has been said that 
they are "those things that have no real essence in 
their own body, but are so acknowledged and ac- 
cepted in law for some especial purpose." The fic- 
tions of the Roman law apparently had their origin 
in the edictal power, and they were devised for the 
purpose of providing for cases where there was no 
legislative provision. A fiction supposed something 
to be which was not ; but the thing supposed to be 
was such a thing as, being admitted to be a fact, 
gave to some person a right, or imposed on some 
person a duty. Various instances of fictions are 
mentioned by Gaius. One instance is that of a 
person who had obtained the bonorum possessio ex 
edicto. As he was not heres, he had no direct ac- 
tion : he could neither claim the property of the de- 
funct as his (legal) property, ncr could he claim a 
debt due to the defunct as his (legal) debt. He 
therefore brought his suit (intendit) as heres (Jicto 
se herede), and the formula was accordingly adapted 
to the fiction. In the Publiciana Actio, the fiction 
was that the possessor had obtained by usucapion 
the ownership of the thing of which he had lost the 
possession. A woman by coemptio, and a male by 
being adrogated, ceased, according to the civil law, 
to be debtors, if they were debtors before ; for by 
the coemptio and adrogatio they had sustained a 
capitis diminutio, and there could be no direct ac- 
tion against them. But as this capitis diminutio 
might be made available for fraudulent purposes, an 
actio utilis was still allowed against such persons, 
the fiction being that they had sustained no capitis 
diminutio. The formula did not (as it appears from 
Gaius) express the fiction as a fact, but it ran thus : 
If it shall appear that such and such are the facts 
^the facts in issue), and that the party, plaintiff or 
defendant, would have such and such a right, or be 
liable to such and such a duty, if such and such 
other facts (the facts supposed) were true ; et re- 
liqua 7 

It was by a fiction that the notion of legal capacity 
was extended to artificial persons, that is, to such 
persons as were merely supposed to exist for legal 
purposes. (Vid. Collegium, Fiscus.) Numerous 
instances of fictions occur in the chapters entitled 
Juristische Pcrsonen in Savigny's recent work, enti- 
tled System des heut R. R., vol. ii. 

*F1CUS, the Fig-tree (cvktj), and also its fruit (av- 



.. (Athen., vi., p. 229., C— Id., xi., 464, A.— Id., 483, C, D.) 
•--2. (Ovid, Met., viii., 690. — Cic. ad Att., vi., 1 — Juv., iii., 
16s.— Id., x., 25.)— 3. (Floras, i., 18.)— 1. (Serv. ad Virg., 2En., 
?.j., 188.)— 5. (Ter.'ull., 1. O— «. (H N.,xxxv ,46.| -7. (Gaiu., 
jt 32, &o.) 

Kkk 



kov). "The gvkt} of Theophrastus and Dioscondea 
is properly the Ficus Carica. The wild Fig-tree is 
called eptveoc. by Homer, and Eustathius, the com- 
mentator on that poet, describes pretty accurately 
the process of caprification. The ovkti Al-yvirrtn, 
called also Kepovia, is the Ficus Religiosa, according 
to Stackhouse ; Schneider, however, makes it the 
Ceratonia Siliqua, L., or Carob-tree. The gvktj 
' klet-avdpia is the Pyrus Amelanchier according to 
Sprengel, but the Lonicera Pyrenaica according to 
Stackhouse. The avarj 'Ivdinrj is the Ficus InJica, 
or Banyan, according to Sprengel, but, as Stack- 
house maintains, the Rhizophora Mangle, or Man- 
grove. 1 The Banyan, or Indian Fig-tree, is noticed 
by Theophrastus, Pliny, Strabo, Solinus, Diodorus 
Siculus, Quintus Curtius, Arrian, and Athenoeus 
This tree forms a conspicuous object in Hindu 
mythology. The branches, after projecting to ? 
certain distance, drop and take root in the earth . 
These branches, in their turn, become trunks, and 
give out other branches, and thus a single tree forms 
a little forest." "The fhj," says Adams, in his 
Commentary on Paul of Jfigina, " was a great fa- 
vourite with the ancients. Galen states that it is 
decidedly nutritious, but that the flesh formed from 
it is not firm and compact, like that from pork and 
bread, but soft and spongy, like that from beans. 
He says that figs increase the urinary and alvine 
discharges. Galen speaks doubtfully of dried figs." 

FIDEICOMMISSUM may be defined to be a tes- 
tamentary disposition, by which & person who gives 
a thing to another imposes on him the obligation of 
transferring it to a third person. The obligation 
was not created by words of legal binding force 
(civilia verba), but by words of request (precative), 
such as " fideicommitto," " peto," " volo dari," and 
the like ; which were the operative words (verba 
utilia). If the object of the fideicommissuaa waa 
the hereditas, the whole or a part, it was called 
fideicommissaria hereditas, which is equivalent to 
a universal fideicommissum ; if it was a single 
thing or a sum of money, it was called fidBicom- 
missum singulae rei. The obligation to transfer the 
former could only be imposed on the heres ; the ob- 
ligation of transferring the latter might be imposed 
on a legatee. 

By the legislation of Justinian, a fideicommissum 
of the hereditas was a universal succession ; but 
before his time the person entitled to it was some- 
times "heredis loco," and sometimes "legatarii 
loco." The heres still remained heres after he had 
parted with the hereditas. Though the fideicom- 
missum resembled a vulgar substitution, it differed 
from it in this : in the case of a vulgar substitution, 
the substituted person only became heres when the 
first person named heres failed to become such ; in 
the case of the fideicommissum, the second heres 
had only a claim on the inheritance when the per- 
son named the heres had actually become such. 
There could be no fideicommissum unless there 
was a heres. 

The person who created the fideicommissum 
must be a person who was capable of making a 
will ; but he might create a fideicommissum with- 
out having made a will. The person who was to 
receive the benefit of the fideicommissum was the 
fideicommissarius ; the person on whom the obliga- 
tion was laid was the fiduciarius. The fideicom- 
missarius himself might be bound to give the fidei- 
commissum to a second fideicommissarius. Origi- 
nally the fideicommissarius was considered as a pur- 
chaser (emptoris loco) ; and when the heres trans- 
ferred to him the hereditas, mutual covenants (cau- 
tiones) were entered into, by which the heres was 



1 (Adams, Append., n. v. <tok>/.) 



441 



FIDEICOMMISSUM 



FIDEICOMMISSUM. 



not to be a iswerable for anything which he had 
been bound to do as heres, nor for what he had 
given bona fide ; and if an action was brought 
against him as heres, he was to be defended. On 
the other hand, the fideicommissarius (qui recipiebat 
hercditatcm) was to have whatever part of the he- 
reditas might still come to the hands of the heres, 
£nd was to.be allowed to prosecute all rights of 
action which the heres might have. But it was 
enacted by the senatus consultum Trebellianum, in 
the time of Nero, that when the heres had given up 
the property to the fideicommissarius, all right of 
action by or against the heres should be transferred 
to the fideicommissarius. The praetor accordingly 
gave utiles actiones to and against the fideicom- 
missarius, which were promulgated by the edict. 
From this time the heres ceased to require from the 
fideicommissarius the covenants which he had for- 
merly taken as his security against his general lia- 
bilities as heres. 

As fideicommissa were sometimes lost because 
the heres would not accept the inheritance, it was 
enacted by the senatus consultum Pegasianum, in 
the time of Vespasian, that the fiduciarius might re- 
tain one fourth of the hereditas, and the same pow- 
er of retainer was allowed him in the case of single 
things. In this case the heres was liable to all 
debts and charges (oncra hereditaria) ; but the same 
agreement was made between him and the fidei- 
commissarius which was made between the heres 
and the legatus partiarius, that is, the profit or loss 
of the inheritance was shared between them ac- 
cording to their shares (pro rata parte). Accord- 
ingly, if the heres was required to restore not more 
than three fourths of the hereditas, the senatus 
consultum Trebellianum took effect, and any loss 
was borne by him and the fideicommissarius in pro- 
portion to their shares. If the heres was required 
to restore more than three fourths or the whole, 
the senatus consultum Pegasianum applied. If the 
heres refused to take possession of (adire) the he- 
reditas, the fideicommissarius could compel him, 
by application to the praetor, to take possession of 
it, and to restore it to him ; but all the costs and 
charges accompanying the hereditas were borne by 
the fideicommissarius. 

Whether the heres was sole heir (ex asse), and 
required to restore the whole or a part of the he- 
reditas, or whether he was not sole heir (ex parte), 
and was required to restore the whole of such part, 
or a part of such part, was immaterial : in all cases, 
the S. C. Pegasianum gave him a fourth. 

By the legislation of Justinian, the senatus consul- 
ta Trebellianum and Pegasianum were consolidated, 
and the following rules were established : The heres 
who was charged with a universal fideicommissum 
always retained one fourth part of the hereditas, 
now called Quarta Trebellianica, and all claims on 
behalf of or against the hereditas were shared be- 
tween the fiduciarius and fideicommissarius, who 
was .considered heredis loco. If the fiduciarius suf- 
fered himself to be compelled to take the inheritance, 
he lost his Quarta, and any other advantage that he 
might have from the hereditas. If the fiduciarius 
was in possession, the fideicommissarius had a per- 
sonal actio ex testamento against him for the he- 
reditas. If not in possession, he must at least ver- 
bally assent to the claim of the fideicommissarius, 
who had then the hereditatis petitio fideicommissa- 
ria against any person who was in possession of the 
property. 

The Quarta Trebellianica is, in fact, the Falcidia ; , 
applied to the case of universal fideicommissa. Ac 
cordingly, the heres only was entitled to it, and not 
a fideicommissarius, who was himself charged with 
a fideicommissum. If there were several heredes 
442 



charged with fideicommissa, each was entitled to a 
quarta of his portion of the hereditas. The heres 
was entitled to retain a fourth out of the hereditas, 
not including therein what he took as legatee. 

The fiduciarius was bound to restore the heredi- 
tas at the time named by the testator, or, if no time 
was named, immediately after taking possession of 
it. He was entitled to be indemnified for all prope? 
costs and charges which he had sustained with re- 
spect to the hereditas ; but he was answerable for 
any damage or loss which it had sustained through 
his culpa. 

Res singula? might also be the objects of a fidei 
commissum, as a particular piece of land, a slave, a 
garment, piece of silver, or a sum of money ; and 
the duty of giving it to the fideicommissarius might 
be imposed either on the heres or on a legatee. In 
this way a slave also might receive his liberty, and 
the request to manumit might be addressed either 
to the heres or the legatarius. The slave, when 
manumitted, was the libertus of the person who man- 
umitted him. There were many differences between 
fideicommissa of single things and legacies. A per- 
son about to die intestate might charge his heres 
with a fideicommissum, whereas a legacy could only 
be given by a testament, or by a codicil which was 
confirmed by a proper declaration of the testator in 
a will ; but a fideicommissum could be given by a 
simple codicil not so confirmed. A heres instituted 
by a will might be requested by a codicil, not so 
confirmed as above, to transfer the whole hereditas, 
or a part, to a third person. A woman who was 
prevented by the provisions of the Yoconia lex from 
taking a certain hereditas, might take it as a fidei- 
commissum. The Latini, also, who were prohibited 
by the lex Junia from taking hereditates and lega- 
cies by direct gift (directo jure), could take by fidei- 
commissa. It was not legal to name a person ai 
heres, and also to name another who, after the deatk 
of the heres, should become heres ; but it was law- 
ful to request the heres, on his death, to transfer the 
whole or a part of the hereditas to another. In this 
way a testator indirectly exercised a testamentary 
power over the property for a longer period than the 
law allowed him to do directly. A man sued for a 
legacy per formulam ; but he sued for a fideicom- 
missum before the consul or prastor for fideicommis- 
sa at Rome, and in the provinces before the prases. 
A fideicommissum was valid if given in the Greek 
language, but a legacy was not until a late period. 

It appears that there were no legal means of en- 
forcing the due discharge of the trust called fidei- 
commissum till the time of Augustus, who gave the 
consuls jurisdiction in fideicommissa. In the time 
of Claudius, prsetores fideicommissarii were appoint- 
ed : in the provinces, the praesides took cognizance 
of fideicommissa. The consuls still retained their ju- 
risdiction, but only exercised it in important cases. 1 
The proceeding was always extra ordinem. 3 Fidei- 
commissa seem to have been introduced in order 
to evade the civil law, and to give the hereditas, or 
a legacy, to a person who was either incapacitated 
from taking directly, or who could not take as much 
as the donor wished to give. Gaius, when observ- 
ing that peregrini could take fideicommissa, ob- 
serves that " this" (the object of evading the law) 
" was probably the origin of fideicommissa ;" but 
by a senatus consultum made in the time of Ha- 
drian, sunh fideicommissa were claimed by the fis- 
cus. They are supposed to be the commendationes 
mortuorum mentioned by Cicero. 3 We have an 
example in the case of Q. P. Rufus, 4 who, being in 
exile, was legally incapacitated from taking anything 
under the will of a Roman citizen, but could claim 

1. (Quinti . Instit., iii., 6.)— 2. (Gaius, ii., 228.— Ulp., Fraa. 
tit. 25, s. 12 '- -3. (De Fin., iii., 20.)— 4. (Val. Max., iv., 2, 9 



filix 



FIMBRIA. 



if. from his mother, who was the heres fiduciarius. 
They were also adopted in the case of gifts to wom- 
en, in order to evade the lex Voconia (vid. Voconia 
Lex), and in the case of proscribed persons ;* incer- 
tie persons, Latini, peregrini, coelibes, orbi. But the 
senatus consultum Pegasianum destroyed the capa- 
city of coelibes and orbi to take fideicommissa, and 
gave them to those persons mentioned in the will 
who had children, and in default of such to the po- 
pulus, as in the case of hereditates and legata. 
I Vid. Bona Caduca.) Municipia could not take as 
heredes (vid. Collegium) ; but by the senatus con- 
sultum Apronianum, which was probably passed in 
the time of Hadrian, they could take a fideicommis- 
ea hereditas. 3 (Vid. Hereditas.) Fideicommissa 
were ultimately assimilated to legacies. (Vid. Le- 
patum.) 3 

FIDEJU'SSIO. (Vid. Intercession 

FIDEPRO'MISSIO. (Vid. Intercessio.) 

FIDES. (Vtd Lyra.) 

FIDI'CUL^E is said to have been an instrument 
of torture, consisting of a number of strings. Ac- 
cording to some modern writers, it was the same 
as the equuleus, or, at all events, formed part of it. 
(Vid. Equuleus .) The term, however, appears to 
be applied to any strings, whether forming part of 
the equuleus or not, by which the limbs or extrem- 
ities of individuals were tied tightly.* 

FIDU'CIA. If a man transferred his property to 
another on condition that it should be restored to 
him, this contract was called fiducia, and the per- 
son to whom the property was so transferred was 
said fiduciam acciperc* A man might transfer his 
property to another for the sake of greater security 
in time of danger, or for other sufficient reason. 6 
The contract of fiducia or pactum fiduciae also ex- 
isted in the case of pignus, and in the case of man- 
cipation. (Vid. Emancipatio.) The hereditas it- 
self might be an object of fiducia. (Vid. Fideicom- 
missum.) The trustee was bound to discharge his 
trust by restoring the thing : if he did not, he was 
liable to an actio fiduciae or fiduciaria, which was 
an actio bonae fidei. 7 If the trustee was condemned 
in the action, the consequence was infamia. Ci- 
cero enumerates the judicium fiduciae with that tu- 
telae and societatis, as " judicia sumnus existimatio- 
nis et pane capitis"* where he is evidently alluding 
to the consequence of infamia. 9 

When the object for which a thing was trans- 
ferred to another was attained, a remancipatio of 
those things which required to be transferred by 
mancipatio or in jure cessio was necessary ; and 
with this view a particular contract (pactum fiducia) 
was inserted in the formula of mancipatio. If no 
remancipatio took place, but only a simple restitutio, 
usucapio was necessary to restore the Quiritarian 
ownership, and this was called usureceptio. The 
contract of fiducia might be accompanied with a 
condition, by virtue of which the fiducia might cease 
in a given case, and thus the fiducia was connected 
with the Commissoria lex, as we see in Paulus 10 
and in Cicero, 11 " fiducia commissa," which may be 
explained by reference to Commissum. 12 

FIDUCIA'RIA ACTIO. (Vid. Actio.) 

FIGLINiE. (Vid. Fictile.) 

*FILIX, Fern. The general resemblance which 
several of the Ferns have to one another, has led 
modern botanical, writers to apprehend that the an- 

1. (Cic, Verr.,i., 47.)— 2. (TJlp., Frag., tit. 22, s. 5. — Plin., 
Ep., v., 7.)— 3. (Gaius, ii., 247-28*9. — Ulp., Frag., tit. 25.) —4. 
(Val Max., iii., $5.— Sueton., Tib., 62 ; Cal., 33.— Cod. Theodos., 
3, tit. 35, s. 1. — Sigonius.De Jud., iii., 17.)— 5. (Cic, Top., c. 10.) 
—6, (Gaius, ii., 60.)— 7. (Cic, Off., iii., 15.— Id., ad Fam., vii., 
12.) — 8. (Cic, Pro Ros. Com., c 6.) — 9. (Compare Savigny, 
System, &c,ii„ 176.)— 10. (Sent. Recept.,ii.,tit. 13.)— 11. (Pro 
Place, c 21.)— 12. (Gaius, ii., 60.— Id., iii., 201.— Rosshirt, 
Grundlinien, &c, Q 99. — Rein, Das Rom. Pnvatrecht. — Hein- 
«><'C, Syntagma, ed. Hauliold.) 



cients did not distinguish very nicely between th^nt 
The Trripic of the Greeks, therefore, though Spren- 
gel sets it down for the Aspidium Filix mas, was 
probably not restricted to it. 1 The Filix of Virgil 
appears to have been the Pteris Aguilina, L. Land 
which abounds with fern is always very poor. 2 The 
Latin name filix was given to this plant in allusion 
to the radical fibres, which resemble so many threads 
(fila). The Greek name is derived from nrepov, " a 
wing," because the leaves are pinnated and expand- 
ed like wings. The specific appellation given by 
Linnaeus to the female Fern, namely, Aguilina, is 
said to be derived from the following remarkable cir- 
cumstance, that when the root of this plant is cut 
transversely, it presents a very exact representation 
of an eagle (aguila) with two heads. Hence this 
species of Fern is called in Germany the "Impe- 
rial." 3 

FI'MBRI/E (upocaoL ; lonice, dvoavoi, Greg. Co- 
rinth.), thrums; tassels; a fringe. 

When the weaver had finished any garment on 
the loom (vid Tela), the thrums, i. e., the extrem- 
ities of the threads of the warp, hung in a row at 
the bottom. In this state they were frequently left, 
being considered ornamental. Often, also, to pre- 
vent them from ravelling, and to give a still more 
artificial and ornamented appearance, they were 
separated into bundles, each of which was twisted 
(arpETrroic dvadvoig*), and tied in one or more knots. 
The thrums were thus, by a very simple process, 
transformed into a row of tassels. The linen shirts 
found in Egyptian tombs sometimes show this or- 
nament along their lower edge, and illustrate, in a 
very interesting manner, the description of these 
garments by Herodotus. 5 Among the Greeks and 
Romans, fringes were seldom worn except by fe- 
males (KpoGGurbv xiTtiva 6 ). Of their manner of di& 
playing them, the best idea may be formed by the 
inspection of the annexed woodcut, taken from a 
small bronze, representing a Roman lady who wears 
an inner and an outer tunic, the latter being fringed, 
and over these a large shawl or pallium. 




Among barbarous nations, the amictus was often 
worn by men with a fringe, as is seen very con- 
spicuously in the group of Sarmatians at p. 171. 
By crossing the bundles of thrums, and tying them 
at the points of intersection, a kind of network was 
produced, and we are informed of a fringe of this 
description, which was, moreover, hung with bells. 7 

1. (Adams, Append., s. v.) — 2. (Martyn ad Virg., Georg., ii.. 
189.)— 3. (Fee, Flore de Virgile, p. lvi.)— 4. (Brunck, Anal., i. 
416.)— 5. (ii., 81.)— 6. (Brunck, ii., 525.— Jacobs, &c, ad W 
— Pollux, vii., 64. — Sueton., Jul., 45.) — /". (Diod. Sic, xviii.,26 

443 



FISCUS 



FLABELLUM. 



With the progress of luxury it appears that the an- 
cients manufactured fringes separately, and sewed 
them to the borders of their garments. They were 
also made of gold thread and other costly materials. 
Of this kind was the ornament, consisting of a hun- 
dred golden tassels, which surrounded the mythical 
shield of Jupiter, the alyU ■O-vaavoeoaa, and which 
depended from the girdle of Juno. 1 

In consequence of the tendency of wool to form 
itself into separate bundles like tassels (■&vaav7]66v i ), 
the poets speak of the golden fleece as consisting 
of them ; 3 and Cicero, declaiming against the ef- 
feminacy of Gabinius, applies the same expression 
to his curling locks of hair. 4 

FI'NIUM REGUNDO'RUM ACTIO. If the 
boundaries of contiguous estates were accidental- 
ly confused, each of the parties interested in the re- 
establishment of the boundaries might have an ac- 
tion against the other for that purpose. This ac- 
tion belonged to the class of duplicia judicia. (Vid. 
Families Erciscund^e Actio.) In this action each 
party was bound to account for the fruits and prof- 
its which he had received from any part of the land 
which did not belong to him, and also to account 
for any injury w T hich it had sustained through his 
culpa. Each party was also entitled to compensa- 
tion for improvements made in the portion of land 
which did not belong to him. 5 

FISCUS. The following is Savigny's account 
of the origin and meaning of this term : 

In the republican period, the state was designa- 
ted by the term ^Erarium, in so far as it was viewed 
with respect to its rights of property, which ulti- 
mately resolved themselves into receipts into, and 
payments out of, the public chest. On the estab- 
lishment of the imperial power, there was a division 
of the provinces between the senate, as the repre- 
sentative of the old Republic, and the Caesar ; and 
there was, consequently, a division of the most im- 
portant branches of public income and expenditure. 
The property of the senate retained the name of 
.Erarium, and that of the Caesar, as such, received 
the name of Fiscus. The private property of the 
Caesar (res privata Principis, ratio Ccesaris) was 
quite distinct from that of the Fiscus. The word 
Fiscus signified a wicker-basket or pannier, in 
which the Romans were accustomed to keep and 
carry about large sums of money ;' and hence Fis- 
cus came to signify any person's treasure or money 
chest. The importance of the imperial Fiscus soon 
led to the practice of appropriating the name to that 
property which the Caesar claimed as Caesar, and 
the word Fiscus, without any adjunct, was used in 
this sense (res fisci est 7 ). Ultimately the word came 
to signify generally the property of the state, the 
Caesar having concentrated in himself all the sov- 
ereign power, and thus the word Fiscus finally had 
the same signification as ^Erarium in the republican 
period. It does not appear at what time the iEra- 
rium was merged in the Fiscus, though the distinc- 
tion of name and of thing continued at least to the 
time of Hadrian. In the later periods, the words 
/Erarium and Fiscus were often used indiscrimi- 
nately, but only in the sense of the imperial chest, 
for there was then no other public chest. So long 
as the distinction existed between the ^Erarium and 
the Fiscus, the law relating to them severally might 
be expressed by the terms jus populi and jus fisci, 
as in Paulus, 8 though there is no reason for apply- 
ing the distinction to the time when Paulus wrote ; 
for, as already observed, it had then long ceased. 

The Fiscus had a legal personal existence ; that 

1. (Horn., II., ii., 488.— lb., v., 738.— lb., xiv., 181.— lb., xvii., 
193.)— 2. (^Elian, H. A., xvi., 11.) -3. (Pind., Pyth.. iv., 411.— 
>.poll. Rhod., iv., 1146.)-4. (Cic. in Pis., 11.)— 5. (Dig. 10, tit. 
I.)— 6. (Cic, 1 Verr., c. 8.— Phcedr., Fab., ii.. 7.) — 7. (Juv., 
6at., iv, 54.)— 8. (Sent. Recept., v., 12.) 
444 



is, as the subject of certain rights, it was legally a 
person, by virtue of the same fiction of law which 
gave a personal existence to corporations, and the 
communities of cities and villages. But the Fiscus 
differed in many respects from other persons exist- 
ing by fiction of law ; and, as an instance, it was 
never under any incapacity as to taking an heredi« 
tas, which for a long time was the case with cor- 
porations, for the reason given by Ulpian. (Vid. 
Collegium.) These reasons would also apply to 
the Populus as well as to a Municipium, and yet 
the populus is never alluded to as being under such 
disability; and, in fact, it could not, consistently 
with being the source of all rights, be under any 
legal disabilities. 

Various officers, as Procuratores, Advocati (vid. 
Advocatus), Patroni, and Praefecti, were employed 
in the administration of the Fiscus. Nerva estab- 
lished a Praetor Fiscalis to administer the law in 
matters relating to the Fiscus. The patrimoni- 
um, or private property of the Caesar, was adminis- 
tered by Procuratores Caesaris. The privileges of 
the Fiscus were, however, extended to the private 
property (ratio) of the Caesar, and of his wife the 
Augusta. 1 

Property was acquired by the Fiscus in various 
ways, enumerated in the Digest, 2 many of which 
may be arranged under the head of penalties and 
forfeitures. Thus, if a man was led to commit sui- 
cide in consequence of having done some criminal 
act (flagitium), or if a man made counterfeit coin, 
his property was forfeited to the fiscus. 3 The offi- 
cers of the Fiscus generally received information 
(nunciationes) of such occurrences from private in- 
dividuals, who were rewarded for their pains. Treas- 
ure (thesaurus) which was found in certain places 
was also subject to a claim on the part of the Fis- 
cus. To explain the rights and privileges of the 
Fiscus, and its administration, would require a long 
discussion.* 

FISTULA. (Vid. Castellum, Tibia.) 

FLABELLUM, dim. FLABELLULUM (/SithV, 
fanuoTfjp, dim. finridiov), a Fan. " The exercise of ' 
the fan," so wittily described by Addison, 8 was 
wholly unknown to the ancients. Neither were 
their fans so constructed that they might be furled, 
unfurled, and fluttered, nor were they even carried 
by the ladies themselves. They were, it is true, of 
elegant forms, of delicate colouis (prasino jiabello 6 ), 
and sometimes of costly and splendid materials, 
such as peacocks' feathers ; 7 but they were stiff 
and of a fixed shape, and were held by female 
slaves (flabellifercB 9 ), by beautiful boys, 9 or by eu- 
nuchs, 10 whose duty it was to wave them so as to 
produce a cooling breeze. 11 A gentleman might, 
nevertheless, take the fan into his own hand, and 
use it in fanning a lady as a compliment. 12 The 
woodcut at p. 225 shows a female bestowing this 
attendance upon her mistress. The fan which she 
holds is apparently made of separate feathers joined 
at the base, and also united both by a thread pass- 
ing along their tips, and by another stronger thread 
tied to the middle of the shaft of each feather. An- 
other use of the fan was to drive away flies from 
living persons, and from articles of food which were 
either placed upon the table or offered in sacrifice. 

1. (Dig. 49, tit. 14, s. 6.)— 2. (49, tit. 14. s. 1.)— 3. (Paulus, 
Sent. Recept., v., 12.)— 4. (Dig. 49, tit. 14: " De Jure Fisci." 
— Cod. x., 1. — Cod. Theod., x., 1. — Paulus, Sent. Recept., v., 
12. — Savigny, System des heut. Rom. R., vol. ii.—" Fragment- 
urn veteris jurisconsulti de Jure Fisci," printed in Gceschen's 
edition of Gaius. — Savigny, " Neu entdeckte Quellen des Rom 
R.,» Zeitschrift, iii.)— 5. (Spect., No. 102.)— 6. (Mart., iii., 40.) 
7. (Propert., ii., 15.) — 8. (Philemon, as translated by Plautus 
Trinumm., ii., 1, 22.)— 9. (Strato, Epig., 22.)— 10. (Eurip., 
Orest., 1408-1412. — Menander, p. 175, ed. Meineke, and aa 
translated by Terence, Eun., iii., 5, 45-54.)— 11. (Brunck, An«l w 
ii., 92.)— 12. (Ovid, A. A., i., 161— Amor., iii., % 38.) 



FLAGRUM. 



FLAMEN. 



When intended for a fly-flapper, it was less stiff, 
and was called muscarium, 1 and fivioo667}. 3 In 
short, the manner of using fans was precisely that 
which is still practised in China, India, and other 
parts of the East ; and Euripides says 3 that the 
Greeks derived their knowledge of them from " bar- 
barous" countries. The Emperor Augustus had a 
slave to fan him during his sleep,* for the use of 
tans was not confined to females. 

Besides separate feathers, the ancient fan was 
sometimes made of linen, extended upon a light 
frame. 5 From the above-cited passage of Euripi- 
des and the ancient scholia upon it, compared with 
representations of the flabellum in ancient paintings, 
it also appears to have been made by placing the 
two wings of a bird back to back, fastening them 
together in this position, and attaching a handle at 
the base. 6 

A more homely application of the fan was its use 
in cookery (vid. Focus). In a painting which repre- 
sents a sacrifice to Isis, 7 a priest is seen fanning 
the fire upon the altar with a triangular flabellum, 
such as is still used in Italy. This practice gave 
origin among classical writers to expressions cor- 
responding to ours, meaning to fan the flame of 
hope, 9 of love {frnzi&iv'*), or of sedition. 10 

FLAGRUM, dim. FLAGELLUM (fiuor^), a 
Whip, a Scourge, to the handle of which was fixed 
a lash made of cords (funibus 11 ) or thongs of leather 
(loris ; 12 (jkvtivo, 13 ), especially thongs made from the 
ox's hide (bubulis exuviis 1 *). The lash was often 
twisted. 15 A w T hip with a single lash was called 
scutica ; 16 but it often had two lashes (Xiyvpd fxdari- 
yi &71-A77 17 ), and is so represented on various ancient 
monuments. (Vid. woodcut, p. 66.) 

The whip was used in a great variety of ways : 
1. by boys in whipping the top (vid. Buxum) ; 2. in 
threshing corn, w r hen it was formed as a flail (per- 
ticis jlagcllatur 16 ) ; 3. in driving a chariot, 19 or riding 
on horseback. 30 For this purpose the whip was 
sometimes splendidly ornamented ((paeivf/ 21 ). As a 
check to the cruel treatment of animals, Constan- 
>ine enacted a law forbidding any one in riding and 
driving to use a severer instrument than a switch or 
whip with a short point or spur at the end. 22 4. In 
Spartan and Roman education. 23 The weapon of 
the Roman pedagogue was an eel's skin, and was 
therefore called anguilla.** 5. In compelling soldiers 
to fight under Asiatic monarchs. 25 6. In gratifying 
private resentment 26 7. In punishing criminals, 27 
especially before crucifixion. (Vid. Crux.) 8. In 
punishing slaves for running away 28 or deserting to 
the enemy, 29 or merely to gratify the caprice and 
cruelty of their owners. Thus females were pun- 
ished by their mistresses. 30 The whip used to pun- 
ish slaves was a dreadful instrument (horribile fla- 
gellum 31 ), knotted with bones, or heavy, indented 
circles of bronze (aorpayaXur^ 32 ), or terminated by 
hooks, in which case it was aptly denominated a 
scorpion. 33 The infliction of punishment with it 

1 (Mart., xiv., 67.) — 2. (Menander, p. 175. — .<Elian, H. A., 
<v., 14.— Brunck, Anal., ii., 388.-1(1. ib., iii., 92.)— 3. (1. c.)— 
i. (Sueton., Octav., 82.) — 5. (Strato, 1. c.) — 6. (Vid. also 
Brunck, Anal ii., 258, ilrepivav pnrtfia.) — 7. (Ant. d'Ercolano, 
i., 60.)— 8. (Alciph., iii., 47.)— 9. (Brunck., Anal., ii., 306.)— 
9. (Aristoph., Ran., 360.— Cic, Pro Flacc, 23.)— 11. (Hor., 
Epod., ir., 3.— John, ii., 15.)— 12. (Hor., Epist., i., 16, 47.)— 13. 
(Anacr., p. 357, ed. Fischer.)— 14. (Plaut., Most., iv., 1, 26.)— 
15. (Val. Flscc viii., 20.)— 16. (Hor., Sat., i., 3, 119.)— 17. 
(Sj;h., Ajax, 241.)— 18. (Plin., H. N., xviii., 30.— Hieron. in 
Isa., xxviii.,27.) — 19. (Horn., II., passim.— Mart., xiv., 55.)— 20. 
(Xen., De Re Equestr., viii., 4.— Id. ib., x., 1.)— 21. (Horn., 11., 
x., 500. — Id. ib., xix., 395.) — 22. (Cod. Theodos., ii.) — 23. 
(Xen, De Lac. Rep., ii., 2.— Mart., x., 61.)— 24. (Plin., H. N., 
ix., 39.— Isid., Orig., v., 27.)— 25. (Herod., vii., 22, 56, 103, 223. 
—Xen., Anab., iii., 4, t) 25.)— 26. (CatulL, xxi., 12.— Val. Max., 
vi., 1, 13.)— 27. (Xen., Hell., iii., 3, 11.)— 28. (Xen., Cyrop., i., 
4, 13.)— 29. (Aristoph., Pac., 451.)— 30. (Juv., vi., 382.)— 31. 
(Hor., 1. c.)— 32. (Athen , iv., 38.)— 33. (Isid., 1. c— 2 Chrou., 
r 11 \ 



upon the naked back of the sufferer 1 was sometimes 
fatal, 3 and was carried into execution by a class of 
persons, themselves slaves, who w r ere called lorarii. 
It appears that there was another class, who sub- 
mitted to be thus whipped for hire. 3 A slave who 
had been flogged was called flagrio (f+aoTtytzc*), 
which, of course, became a term of mockery and 
contempt. During the Saturnalia the scourge was 
deposited under the seal of the master. 5 9. In the 
contests of gladiators, 6 two of whom seem to be 
represented on the coin here introduced. ( Vid. 
woodcut.) 10. In the worship of Cybele, whose 




priests pretended to propitiate her, and excited the 
compassion and reverence of the multitude by flog- 
ging themselves with scourges such as that here 
represented, from a bas-relief of this goddess in the 
museum of the Capitol at Rome. They were strung 
with tali (aarpayaAoi) from the feet of sheep, 7 and 
resembled the scourges employed to punish slaves. 
11. In the hands of Bellona and the Furies. 8 

FLAMEN, the name for any Roman priest who 
was devoted to the service of one particular god 

(DlVISQUE ALUS ALII SACERDOTES, OMNIBUS PONTIFI- 

ces, singulis flamines sunto 9 ), and who received 
a distinguishing epithet from the deity to whom he 
ministered. (Horum, sc. flaminum, singuli cogno- 
mina habent ab to deo quoi sacra faciunt. 10 ) The most 
dignified were those attached to Diiovis, Mars, and 
Quirinus, the Flamen Dialis, Flamen Martialis, and 
Flamen Quirinalis. The first two are said by Plu- 
tarch 11 to have been established by Romulus ; but 
the greater number of authorities agree in referring 
the institution of the whole three, in common with 
all other matters connected with state religion, to 
Nurna. 12 The number was eventually increased to 
fifteen : 13 the three original flamens were always 
chosen from among the patricians, and styled Ma- 
jores ; 14 the rest from the plebeians, with the epithet 
Minores. 1 * Two rude lines of Ennius 16 preserve the 
names of six of these, appointed, says the poet, bv 
Numa: 

" Volturnalcm, Palatualem, Furinalcm, 
Floralemque, Falacrem et Pomonalem fecit 
Hie idem " 

to which we may add the Flamen Volcanalis 17 and 
the Flamen Carmentalis. 1 * We find in books of an- 
tiquities mention made of the Virbialis, Laurentialis, 
Lavinalis, and Lucullaris, which would complete 
the list ; but there is nothing to prove that these 
four were Roman, and not merely provincial priests. 
It is generally stated, upon the authority of Aulus 
Gellius, 19 that the flamens were elected at the Com- 



I. (Juv., 1. c.)— 2. (Hor., Sat., i., 2, 41.)— 3. (Festus, s. v. 

Flagratores.) — 4. (Philemon, p. 415, ed. Mein. — Aristoph., Ran., 
«;no T?«.-.;f loos; T .«. lo/io u a.t~„»:_:„ .» t>i * 



r ittgraiures.; — *. (rmiemon, p. iid, eu. mem. — _ 

502.— Equit., 1225.— Lys., 1242.—" Mastigia :" Plautus, passim. 

— Ter., Adelph., v., 2, 6.)— 5. (Mart., xiv., 79.)— 6. (Tertull., 

Apoll., 21.)— 7. (Apul., Met., viii.)— 8. (Virg., JEn., ri., 570.— 
«(Jnr, m ,;n«/,fl^^Ji n .'i ,.;;; mo •\r„i tm„ 



oaiigumeu uugeuu . vjii., ivo. — vai. riacc, i.e.; — ». v^ic^ 
)e Leg., ii., 8.) — 10. (Varro, De Ling. Lat., v., 84.) — 11. 
Num., 7.)— 12. (Liv., i., 20.— Dionys., ii., 64, &c.)— 13. (Fest., 
s. v. "Maximae dignationis.") — 14. (Gaius, i., 112.) — 15. (Fesl., 
s. v. " Majores Flamines.") — 16. (Varro, De Ling. Lat., vii., 44.) 
— 17. (Varro, De Ling Lat., v., 84.)— 18. (Cic, Brut., 14 )— 19 
(xv„ 27.) 



FLAMEN. 



FLAMEN. 



tia Curiata, and this was doubtless the case in the 
earlier times ; bat, upon examining the passage in 
question, it will be seen that the grammarian speaks 
of their induction into office only, and therefore we 
may conclude that subsequently to the passing of 
the Lex Domitia they were chosen in the Comitia 
Tributa, especially since so many of them were 
plebeians. After being nominated by the people, 
they were received (capti) and installed (inaugura- 
bantur) by the Pontifex Maximus, 1 to whose author- 
ity they were at all times subject. 3 

The office was understood to last for life ; but a 
flamen might be compelled to resign (fiaminio abire) 
for a breach of duty, or even on account of the oc- 
currence of an ill-omened accident while dischar- 
ging his functions. 3 

Their characteristic dress was the apex (vid. 
Apex), the l<zna (vid. Ljena), and a laurel wreath. 
The name, according to Varro and Festus, was de- 
rived from the band of white wool (filum, filamcn, 
flamen) which was wrapped round the apex, and 
which they wore, without the apex, when the heat 
was oppressive.* This etymology is more reason- 
able than the transformation oi pileamines (from pi- 
leus) into Jlamines. 5 The most distinguished of all 
the flamens was the Dialis ; the lowest in rank the 
Pomonalis. 6 

The former enjoyed many peculiar honours. 
When a vacancy occurred, three persons of patri- 
cian descent, whose parents had been married ac- 
cording to the ceremonies of confarreatio (vid. Mar- 
riage), were nominated by the Comitia, one of 
whom was selected (captus), and consecrated (in- 
augurabatur) by the Pontifex Maximus. 7 From 
that time forward he was emancipated from the 
control of his father, and became sui juris. 3 He 
alone, of all priests, wore the albogalcrus (vid. Albus 
Galerus 9 ) ; he had a right to a lictor, 10 to the toga 
yiratexta, the sella curulis, and to a seat in the sen- 
ate in virtue of his office. This last privilege, after 
having been suffered to fall into disuse for a long 
period, was asserted by C. Valerius Flaccus (B.C. 
209), and the claim allowed, more, however, says 
Livy, in deference to his high personal character 
than from a conviction of the justice of the de- 
mand. 11 The Rex Sacrificulus alone was entitled to 
recline above him at a banquet : if one in bonds 
took refuge in his house, the chains were immedi- 
ately struck off, and conveyed through the impluviurn 
to the roof, and thence cast down into the street : la 
if a criminal on his way to punishment met him, 
and fell suppliant at his feet, he was respited for 
that day ; 13 usages which remind us of the right of 
sanctuary attached to the persons and dwellings of 
the papal cardinals. 

To counterbalance these high honours, the Dialis 
was subjected to a multitude of restrictions and 
privations, a long catalogue of which has been com- 
piled by Aulus Gellius 1 * from the works of Fabius 
Pictor and Masurius Sabinus, while Plutarch, in his 
Roman Questions, endeavours to explain their im- 
port. Among these were the following : 

It was unlawful for him to be out of the city for 
a single night ; 15 a regulation which seems to have 
been modified by Augustus, in so far that an ab- 
sence of two nights was permitted ; 16 and he was 
forbidden to sleep out of his own bed for three nights 
consecutively. Thus it was impossible for him to 



1. (Liv., xxvii., 8.- 
(Liv., Ep:t., xix. — ] 
(Val. Max., I., i., 4.) 
(Plutaivb, Num., 7, 
7. (Tacit., Ann., iv. 
Ulpian, Frag., ix., 5. 
x.,15.)— 10. (Plut.,' 
8. — Compare i., 20. 
x., 15.— Plut., Q. R. 
16. (Tacit. , Ann., ii: 
AAR 



446 



—Id., xxix., 38.— Val. Max., VI., ix., 3.)— 2. 
Id., xxxvii., 51.— Val. Max., I., i., 2.)— 3. 
)— 4. (Serv. ad Virg., JEn., viii., 664.)— 5. 
'.) — 6. (Festus, s. v. Maxim* dignationis.) — 
., 16. — Liv., xxvii., 8.) — 8. (Gaius, i., 130. — 
— Tacit., Ann., iv., 16.) — 9. (Varro ap. Gell., 
Q. It., p. 119, ed. Reiske.) — 11. (Liv., xxvii., 
)— 12. (Aul. Gell., x., 15.)— 13. (Aul. Gell., 
., p. 166.)— 14. (x.,15.)— 15. (Liv., v., 52.)— 
1.58,71 ) 



undertake the government of a province. Ht might 
not mount upon horseback, nor even touch a norse, 
nor look upon an army marshalled without the po- 
mcerium, and hence was seldom elected to the con- 
sulship. Indeed, it would seem that originally he 
was altogether precluded from seeking or accepting 
any civil magistracy ; x but this last prohibition was 
certainly not enforced in later times. The objecJ 
of the above rules was manifestly to make him lit- 
erally Jovi adsiduum sacerdolem ; to compel constanl 
attention to the duties of the priesthood ; to leave 
him in a great measure without any temptation to 
neglect them. The origin of the superstitions which 
we shall next enumerate is not so clear, but the cu- 
rious will find abundance of speculation in Plu- 
tarch, 3 Festus, 3 and Pliny.* He was not allowed 
to swear an oath, nor to wear a ring " nisi pervio el 
casso" that is, as they explain it, unless plain and 
without stones ; 5 nor to strip himself naked in the 
open air, nor to go out without his proper headdress, 
nor to have a knot in any part of his attire, nor to 
walk along a path overcanopied by vines. He might 
not touch flour, nor leaven, nor leavened bread, nor 
a dead body ; he might not enter a bus turn (vid. 
Bustum), but was not prevented from attending a 
funeral. He was forbidden either to touch or to 
name a dog, a she-goat, ivy, beans, or raw flesh. 
None but a free man might cut his hair ; the clip- 
pings of which, together with the parings of his 
nails, were buried beneath afclix arbor. No one 
might sleep in his bed, .the legs of which were 
smeared with fine clay ; and it was unlawful to 
place a box containing sacrificial cakes in contact 
with the bedstead. 

Flaminica was the name given to the wife of the 
dialis. He was required to wed a virgin according 
to the ceremonies of confarreatio, which regulation 
also applied to the two other flamines majores ; s 
and he could not marry a second time. Hence, 
since her assistance was essential in the perform- 
ance of certain ordinances, a divorce was not per- 
mitted, and if she died the dialis was obliged to re- 
sign. The restrictions imposed upon the flaminica 
were similar to those by which her husband was 
fettered. 7 Her dress consisted of a dyed robe (ve- 
nenato operitur) ; her hair was plaited up with a 
purple band in a conical form (tutulum) ; and she 
wore a small square cloak with a border va), to 
which was attached a slip cut from a Jeh i arbor. 9 
It is difficult to determine what the rica realty was ; 
whether a short cloak, as appears most probable, or 
a napkin thrown over the head. She was proh ;j ?it- 
ed from mounting a staircase consisting of more 
than three steps (the text of Aulus Gellius is uncer- 
tain, but the object must have been to prevent 
her ankles from being seen) ; and when she went 
to the argei (vid. Argei), she neither combed nor 
arranged her hair. On each of the nundinas a ram 
was sacrificed to Jupiter in the regia by the flamin- 
ica. 9 

After the death of the flamen Merula, who was 
chosen consul suffectus on the expulsion of Cinna, 10 
and who, upon the restoration of the Marian faction, 
shed his own blood in the sanctuary (B.C. 87), calling 
down curses on his enemies with his dying breath, 11 
the priesthood remained vacant until the consecra- 
tion of Servius Maluginensis (B.C. 11) by Augustus, 
then Pontifex Maximus. Julius Caesar had, indeed, 
been nominated in his 17th year, but was never in- 
stalled ; and during the whole of the above period, 



1. (Plut.,Q. R., p. 169.)— 2. (Q. R., p. 114, 118, 164-170.)- 
3. ( s. v. Edera and Equo.) — 4. (H. N., xviii., 30. — II)., xxviii., 
40.) — 5. (Kirchmann, De Annulis, p. 14.) — 6. (Serv. ad Virg., 
JEn., iv., 104, 374.— Gaius, i., 112.)— 7. (Aul. Gell., x., 15.)— 8 
(Fest., s. v. Tutulum, Rica. — Varro, De Ling. Lat., viL, 44.) 
—9. (Macrob., i., 16.)— 10. (Velleius, ii., 20.— Val. Max. IX. 
xii., 5.)— 11. (Velleius, ii., 22.) 



FLORALIA. 



FOCUS 



tne dutie.3 of the office were discharged by the Pon- 
tifex Maximus. 1 

The municipal towns also had their flamens. 
Thus the celebrated affray between Milo and Clo- 
dius took place while the former was on his way to 
Lanuvium, of which he was then dictator, to de- 
clare the election of a flamen (adflaminem proden- 
ium). After the deification of the emperors, fla- 
mens were appointed to superintend their worship 
in Home and in all the provinces ; and we find con- 
stantly in inscriptions such titles as Flamex Augus- 
talis ; Flamen Tiberii C^esaris ; Flamen D. Ju- 
lii, &c., and sometimes Flamen Divorum Omnium 
<sc. imperatorum). 

Flaminia, according to Festus and Aulus Gel- 
lius, 2 was the house of the Flamen Dialis, from 
which it was unlawful to carry out fire except for 
sacred purposes* 

Flaminia, according to Festus, was also a name 
given to a little priestess (saccrdotula), who assisted 
the ftaminica in her duties. 




COIN OF FLAMEN MARTIALIS. 8 

FLAMMEUM. (Vid. Marriage.) 

FLORA'LIA, or Florales Ludi, a festival which 
was celebrated at Rome in honour of Flora or Chlo- 
ris. It was solemnized during five days, beginning 
on the 28th of April and ending on the 2d of May.* 
It was said to have been instituted at Rome in 238 
B.C., at the command of an oracle in the Sibylline 
Books, for the purpose of obtaining from the god- 
dess the protection of the blossoms (ut omnia bene 
defloresccrent 5 ). Some time after its institution at 
Rome its celebration was discontinued ; but in the 
consulship of L. Postumius Albinus and M. Popil- 
ius Laenas (173 B.C.), it was restored, at the com- 
mand of the senate, by the sedile C. Servilius, 6 as 
the blossoms in that year had severely suffered from 
vvinds, hail, and rain. The celebration was, as 
lsual, conducted by the aediles, 7 and was carried 
on witn excessive merriment, drinking, and lasciv- 
ious games. 8 From Valerius Maximus we learn that 
theatrical and mimic representations formed a prin- 
cipal part of the various amusements, and that it 
was customary for the assembled people on this oc- 
casion to demand the female actors to appear naked 
upon the stage, and to amuse the multitude with 
their indecent gestures and dances. This indecen- 
cy is probably the only ground on which the absurd 
story of its origin, related by Lactantius, 9 is found- 
ed. Similar festivals, chiefly in spring and autumn, 
are in southern countries seasons for rejoicing, and, 
as it were, called forth by the season of the year 
itself, without any distinct connexion with any par- 
ticular divinity ; they are to this day very popular in 
Italy, 10 and in ancient times we find them celebrated 
from the southern to the northern extremity of Ita- 

1. (Suet., Jul., c. 1, compared with Velleius, ii., 43, and the 
commentators. See also Suet., Octav., 31. — Dion Cass., liv., 36 
— Tacit., Ann., iii., 58. The last-quoted historian, if the text 
be correct, states that the interruption lasted for 72 years only. 
— 2. (x., 15.) — 3. (See Spanheirn, De Priest, et Usu Numism., i., 
p. 85.)— 4. (Ovid, Fast., v., 185.— Plin., H. N., xviii., 29.)— 5. 
Plin.,1. c— Compare Velleius, i., 14. — Varro, De Re Rust., i., 
1.)— 6. (Eckhel, De Num. Vet., v., p. 308.— Compare Ovid, Fast., 
v., 329, &c.)— 7. (Cic. in Verr., v., 14.— Val. Max., ii., 10, 8.— 
Eckhel, 1. c.)— 8. (Martial, i., 3.— Senec. Epist., 96.)— 9. (In- 
ftit., i., 20.)— 10. (Voss. ad Virg., Georg., ii., 385.) 



ly. 1 (Vid. Anthesphoria.) The Floralia wjre or* 
ginally festivals of the country people, which were 
afterward, in Italy as in Greece, introduced into the 
towns, where they naturally assumed a more dis- 
solute and licentious character, while the country 
people continued to celebrate them in their old and 
merry, but innocent manner. And it is highly prob- 
able that such festivals did not become connected 
with the worship of any particular deity until a com- 
paratively late period. 2 This would account for the 
late introduction of the Floralia at Rome, as well 
as for the manner in which we find them celebra- 
ted there. 3 

# FOCA'LE, a covering for the ears and neck 
made of wool, and worn by infirm and delicate per 
sons.* 

FOCUS, dim. FO'CULUS (earia : h x dpa, ko X a- 
pcg, dim. eajapiov), a fireplace, a hearth, a brazier. 
The fireplace, considered as the highest member 
of an altar, is described under Ara, p. 77. Used by 
itself, it possessed the same sacred character, being, 
among the Romans, dedicated to the Lares of each 
family. 5 It was, nevertheless, made subservient to 
all the requirements of ordinary life. 6 It was some- 
times constructed of stone or brick, in which case 
it was elevated only a few inches above the ground, 
and remained on the same spot ; but it was also 
frequently made of bronze, and it was then various- 
ly ornamented, and was carried continually from 
place to place. This movable hearth or brazier 
was properly called foculus and eaxdpa. One is 
shown at p. 148. Another, found at Care in Etru- 
ria, and preserved in the British Museum, is repre- 
sented in the annexed woodcut. 




In Aristophanes 7 persons ate told "to bring th 
brazier and the fan." (Vid. Flabellum.) When a 
brazier was brought to Alexander the Great, scant- 
ily supplied with fuel in very cold weather, he 
requested to have either wood or frankincense, giv- 
ing his host the option of treating him either as a 
man or a god. 8 In the time of the Roman emper- 
ors, the brazier of burning charcoal was sometimes 
brought to table with the meat for the purpose of 
keeping it hot, so that, as Seneca says, the kitchen 
accompanied the dinner. 

In accordance with the sentiments of veneration 
with which the domestic fireplace was regarded, 
we find that the exercise of hospitality was at the 
same time an act of religious worship. Thus the 
roasting of a hog in the cottage of the swineherd 
in the Odyssey 9 is described as a sacrifice. To 
swear " by the royal hearth" was the most sacred 
oath among the Scythians. 10 Suppliants, strangers, 
all who sought for mercy and favour, had recourse 
to the domestic hearth as to an altar. 11 The phrase 

1. (Compare Justin, xliii., 4.) — 2. (Buttman, Mythologus, ii., 
p. 54.) — 3. (Spanheirn, D% Preest. et Usu Numism., ii., p. 145. 
&c.) — 4. (Hor., Sat., ii., 3, 255.— Sen., Qu. Nat., iv., 13.— 
Quintil., xi., 3, 144.— Mart., 1, 121.— Id., xiv., 142.)— 5. (Plaut., 
Aul., ii., 8, 16.— Cato, De Re Rust., 15.— Ovid, Fast., ii., 589, 
611.— lb., iii., 423.— Juv., xii., 85-95.)— 6. (Hor., Epoch, ii., 43. 
— Epist., i., 5, 7. — Ovid, Met., viii., 673. — Sen.. De Cons, ad 
Alb., 1.)— 7. (Acharn., 888.)— 8. (Plut., Apoph. Reg., vol. i., p. 
717, ed. Wytten. — Diod. Sic, xviii., 61. — Polysn., Strat., iv., 8. 
—Id. ib., viii., 32.— Cato, De Re Rust., 11.— Virg., JEn., xii.. 
118, 285.— Servius ad 11.— Cic, Pro Dom., 47.— Tertull.. Apol. 
9.)— 9. (xiv., 418^38.)— 10. (Herod., iv., 68.)— 11. (Horn., Od 
vii., 153-169.— Apoll. Rhod., iv., 693.) 

447 



TCEDERATJE CIVITATES. 



F0LL1S. 



* pro axis et focis" was used to express attachment 
to all that was most dear and venerable. 1 

Among the Romans the focus was placed in the 
Atrium, which, in primitive times, was their kitch- 
en and dining-room. 2 There it remained, as we 
Bee in numerous examples at Pompeii, even after 
the progress of refinement had led to the use of an- 
other part of the house for culinary purposes. On 
festivals the housewife decorated the hearth with 
garlands ; 3 a woollen fillet was sometimes added.* 
In farmhouses, the servants, who were often very 
numerous, were always disposed for the purpose 
of taking their meals around the hearth. 5 

The focus, though commonly square, admitted pf 
a great variety of forms and ornaments. At Pharae, 
in Achaia, a marble hearth was placed before a 
statue of Mercury in the Forum, having bronze 
lamps fastened to it with lead. 6 To adapt the focus 
to culinary purposes, a gridiron, supported by four 
feet, was placed over the fire, so as to hold pots 
and pans as well as steaks, chops, and other pieces 
of meat which were to be roasted. 7 Some of the 
braziers found at Pompeii also include contrivances 
for boiling water. 

FCEDERATvE CIVITATES, FCEDERATI, 
SO'CII. In the seventh century of Rome these 
names expressed those Italian states which were 
connected with Rome by a treaty (fosdus). These 
names did not include Roman colonies or Latin 
colonies, or any place which had obtained the Ro- 
man civitas. Among the foederati were the Latini, 
who were the most nearly related to the Romans,* 
and were designated by this distinctive name ; the 
rest of the foederati were comprised under the col- 
lective name of Socii or Foederati. They were in- 
dependent states, yet under a general liability to 
furnish a contingent to the Roman army. Thus 
they contributed to increase the power of Rome, 
but they had not the privileges of Roman citizens. 
The relations of any particular federate state to 
Rome might have some peculiarities, but the gen- 
eral relation was that expressed above ; a kind of 
condition, inconsistent with the sovereignty of the 
federates, and the first stage towards unconditional 
submission. The discontent among the foederati, 
and their claims to be admitted to the privileges of 
Roman citizens, led to the Social War. The Julia 
lex (B.C. 90) gave the civitas to the Socii and 
Lateni ; and a lex of the following year contained, 
among other provisions, one for the admission to 
the Roman civitas of those peregrini who were 
entered on the lists of the citizens of federate states, 
and who complied with the provisions of the lex. 
(Vid. Civitas.) It appears, however, that this lex 
Julia, and probably also the lex of the following 
year, contained a condition that ^he federate state 
should consent to accept what the leges offered, 
or, as it was technically expressed, " populus fundus 
Seret." 8 Those who did not become fundi populi 
did not obtain the civitas. Balbus, the client of 
Cicero, was a citizen of Gades, a federate town in 
Spain. Pompey had conferred the Roman civitas 
on Balbus, by virtue of certain powers given to him 
by a lex. It was objected to Balbus that he could 
not have the civitas, unless the state to which he 
belonged, "fundus factus esset ;" which was a 
complete misapprehension, for the term fundus, in 
this sense, applied to a whoh state or community, 
whether federate or other free state, which accept- 

1. (Cic, De Nat. Deor., iii., 40.— Flor., iii., 13.)— 2. (Virg., 
JEn., i., 726.— Sevvius, ad loc.)— 3. (Cato, De Re Rust., 143. — 
Ovid, Trist., v., 5, 10.)— 4. (Propert., iv., 6, 1-6.)— 5. (Hor., 
Epod., ii., 66.— Col., De Re Rust., xi., 1.)— 6. (Paus., vii., 22, t) 
2.)— 7. (" Craticula:" Mart., xiv., 221.— Apic, viii., 6.— Terpn- 
now trvpos yecpvpav : Brunck, Anal., ii., 215. — Jacobs, ad loc.) 
—8 (Cic, Pro Balbo, c 8.) 
448 



ed what was offered, and not to an individual ot 
such state or community who might accept the 
Roman civitas without asking the consent of his 
fellow-citizens at home, or without all of them re 
ceiving the same privilege that was offered to him 
self. The people of a state which had accepted the 
Roman civitas (fundus f actus est) were called, in 
reference to their condition after such acceptance, 
"fundani." This word only occurs in the Latin 
inscription (the lex Romana) of the tablet of Her- 
aclea, 1. 85, and proves that the inscription is 
posterior to the lex Julia de Civitate. It has, in- 
deed, been supposed that the word may refer to the 
acceptance by the state of Heraclea of this lex 
which is on the tablet ; but there is no doubt that 
it refers to the prior lex which gave the civitas. 
(Vid. Fundus.) 

It must be observed that the acceptance of the 
two leges above mentioned could only refer to the 
federate states and the few old Latin states. The 
Latinae coloniae also received the civitas by the 
Julia lex ; but, as they were under the sovereignty 
of Rome, their consent to the provisions of this lex 
was not required. 

Before the passing of the Julia lex, it was not 
unusual for the Socii and Latini to adopt Roman 
leges into their own system, as examples of which 
Cicero mentions the lex Furia de Testamentis and 
the lex Voconia de Mulierum Hereditatibus ; and 
he adds that there were other instances. 1 In such 
cases, the state which adopted a Roman lex wa? 
said " in earn legem fundus fieri." It hardly needs 
remark, that the state which adopted a Roman lex 
did not thereby obtain for its citizens any privi- 
leges with respect to the Roman state : the feder- 
ate state merely adopted the provisions of the 
Roman lex as being applicable to its own circum- 
stances. 

An apparent difficulty is caused by the undoubted 
fact that the provisions of the lex Julia required 
that the states which wished to avail themselves of 
its benefits should consent to accept them. As the 
federate states commenced the war in order to ob- 
tain the civitas, it may be asked, why was it given 
to them on the condition of becoming " fundus V 
In addition to the reasons for such condition, which 
are suggested by Savigny, it may be observed that 
the lex only expressed in terms what would neces- 
sarily have been implied if it had not been express- 
ed : a federate state must of necessity declare by a 
public act its consent to accept such a proposal as 
was contained in the lex Julia. It appears from 
the cases of Heraclea and Naples, that the citizens 
of a federate state were not in all cases unanimous 
in changing their former alliance with Rome into 
an incorporation with the Roman state. (Vid. 
Civitas.) 

There were federate cities beyond the limits of 
Italy, as shown by the example of Gades : Sagun- 
tum and Massilia also are enumerated among such 
cities * 

*FCENUM GRiECUM, Fenugreek. ( Vid. Tklk 
and Buceras.) 

FCENUS. (Vid. Interest of Money.) 

FOLLIS, dim. FOLLFCULUS, an inflated ball 
of leather, perhaps originally the skin of a quadru- 
ped filled with air: Martial 3 calls it "light as a 
feather." Boys and old men, among the Romans, 
threw it from one to another with their arms and 
hands, as a gentle exercise of the body, unattended 
with dangers.* The Emperor Augustus 5 became 
fond of the exercise as he grew old. 

1. (Pro Balbo, c. 8.) — 2. (Savigny, Volksschluss der Tafel von 
Heraclea, Zeitschvift, <fcc, vol. ix. -Mazocchi, Tab. Herac, p, 
465.)— 3. (iv., 19.) — 4. (Mart., vii., 31. — Id., xiv., 45, 47.- 
Atben., i., 25.) — 5. (Sueton., Octav., 83.) 



FORFEX 



t'OJIMA. 



Uoxers practised upon an inflated skin hung up 
for the purpose (follis pugilatorius 1 ). 

The term folks is also applied to a leather purse 
or bag ; 2 and the diminutive folliculus to the swol- 
len capsule of a plant, the husk of a seed, or any- 
thing of similar appearance. 3 

Two inflated skins (dvo (pvaai ;* ^urrvpa ; 5 Tcprjorf]- 
pec 6 ), constituting a pair of bellows, and having valves 
adjusted to the natural apertures at one part for ad- 
mitting the air, and a pipe inserted into another 
part for its emission, were an essential piece of fur- 
! niture in every forge and foundry. 7 Among the 
Egyptians, the two bellows were blown by a man 
who stood with his right and left foot pressing upon 
each alternately, and who drew each upward by 
means of a cord, so as to fill it with air again as 
soon as the weight of his body was taken away 
from it. 8 According to the nature and extent of the 
work to be done, the bellows were made of the hides 
of oxen (taurinis follibus 9 ), or of goats (hircinis 10 ) and 
other smaller animals. The nozzle of the bellows 
was called a/cpofvciov or uKpoardfxiov. 11 In bellows 
made after the fashion of those exhibited in the 
lamp here introduced from Bartoli, 12 we may ima- 
gine the skin to have been placed between the two 
boards, so as to produce a machine like that which 
w« now commonly employ. 




FORCEPS (irvpuypa), Tongs or Pincers ; an in- 
strument invented, as the etymology indicates, for 
taking hold of what is hot (forvunC 3 ), used by smiths, 
and therefore attributed to Vulcan and the Cyclo- 
pes. 14 (Vid. Incus, Malleus.) 

A forceps of an appropriate form (bdovrdypa) was 
employed for drawing teeth, 15 and another to extract 
from the wounded the heads of arrows and other 
missiles (dpdiod?/pa 16 ). Pincers were used from the 
earliest times by tyrants as an instrument of tor- 
ture. 17 The term Kapnivoc, which properly meant a 
crab, was applied metaphorically to pincers, on ac- 
count of the similarity of this instrument to the 
claw of the crab. 18 

FORES. (Vid. House.) 

FORFEX, dim. FORFICULA italic, dim. faX'i- 
diov), Shears, 19 used, 1. in shearing sheep, as repre- 
sented in the annexed woodcut, which is taken 
from a carnelian in the Stosch collection of antique 
gems at Berlin ; 2. in cutting hair ; 90 3. in clipping 



1. (Plaut., Rud., in., 4, 16.)— 2. (Plaut., Aul., ii., 4, 23.— Juv., 
riv., 281.) — 3. (Sen., Nat. Qutest., v., 18.— Tertull., De Res. 
Cam.. 52.)^!. (Herod., i., 68.)— 5. (Ephori Frag-., p. 188 ) -6. 
(Apoll. Rhod., iv., 763, 777.)— 7. (11., xviii., 372-470.— Virg., 
.15n., viii., 449.) — 8. (Wilkinson's Manners and Customs, iii , p. 
338.)— 9. (Virg., Georg., iv., 171.)— 10. (Hor., Sat., i., 4, 19.)— 
11. (Thucyd., iv., 100.— Eustath. in II., xviii., 470.)— 12. (Ant. 
Lucerne, iii., 21.) -13. (Festus, s. v. — Servius ad Virg., Georg., 
iv., 175.— ^En., viii., 453.— lb., xii., 404.)— 14. (Virg., 11. cc— 
Horn., II., xviii., 477.— Od., iii., 434.— Callim. in Del., 144.— 
" Forcipe curva:" Ovid, Met., xii., 277.)— 15. (lucil., Sat., xix.) 
—16. (Virg, JEn., xii., 404.— Servius, ad loc.)— 17. (Ovid, Met., 
tL, 557. — Synes., Epist., 58. — Kapxivois oiiripols : Diod. Sic, 
ix., 71.)— 18. (Eustath. in Horn., 1. c— Brunck, Anal., ii., 216. 
— Plin., H. N., ix„ 51.)— 19. (Serv. in Virg., ^n., viii., 453.)— 
20. (Eurip., Ores?.., 954— Schol. in loc.— Brunck, Ana], iii., 9. 
— Virir., Catal., vii., 9.—" Ferro bidenti :" Ciris, 213.) 
Lll 




hedges, myrtles, and other shrubs (tyalicToi juvppt~ 
vtivec 1 ) ; 4. in clearing bad grapes from the bunch.' 

In military manoeuvres the forfex was a tenaille, 
i. e., a body of troops arranged in the form of an 
acute angle, so as to receive and overcome the op- 
posite body, called a Cuneus. 3 

In architecture the term ipa/iig denoted a con- 
struction which was probably the origin of the arch.* 
consisting of two stones leaning against each other 
so as to form an acute angle overhead, as is seen 
in the entrance to the Pyramid of Cheops and in the 
ruins of Mycenae, and gradually brought nearer to 
the forms which we now employ. (See woodcut, 
p. 85.y 

The same terms were also metaphorically ap- 
plied to the mandibles of insects, which are like 
minute shears, and to the claws of Crustacea (ipa?u- 

doGTOfJiOL 6 ). 

FORI. (Vid. Navis.) 

FORMA, dim. FORMULA, second dim. FOR- 
MELLA (rvirog), a Pattern, a Mould ; any contri- 
vance adapted to convey its own shape to some 
plastic or flexible material, including moulds for 
making, 1. pottery (vid. Fictile). 2. Pastry (for- 
mella?). Some of these, made of bronze, have been 
found at Pompeii. 3. Cheese. 8 Hence the cheeses 
themselves are called formula,. 9 The finer moulds 
for this purpose were made of boxwood (forma 
buxece). (Vid. Buxus.) 4. Bricks. 10 5. Coins. These 
moulds were made of a kind of stone, which was 
indestructible by heat. 11 The mode of pouring into 
them the melted metal for casting the coins will be 
best understood from the annexed woodcut, which 




represents one side of a mould, engraved by Seroux 
d'Agincourt. 12 Various moulds are engraved by 
Ficoroni. 13 6. "Walls of the kind now called pisS, 

1. (Hierocles ap. Stob., Serm., 65.)— 2. (Col., De Re Rust., 
xii., 43.)— 3. (Aul. Gell., x., 9.— Amm. Marcell., xvi., 11.)— 4 
(Macculloch's West. Islands, j., p. 142.— Id. ib., iii., p. 49.)— 5. 
(Plat., De Leg., xii., p. 292, ed. Becker— Diod. Sic, ii., 9.— 
Strabo, xvi., 1, 5. — Id., xvii.. 1. 42. — Josephus. B. J., xv., 9, 6.) 
—6. (Horn., Bat., 286.— Plin.', H. N., ix., 5].— Id. ib., xxxii.,53.) 
—7. (Apic, ix., 13.)— 8. (Col., De Re Rust., vii., 8.)— 9. (Pal- 
lad., De Re Rust., vi., 9.)— 10. (Pallad., vi., 12.)— 11. (Plin., H. 
N., xxxvi., 49.)— 12. (Recueil de Fragmens, pi 34.)— 13 (D« 
Plurnbeis Ant. Num., ad fin.) 

449 



FORNAX. 



FORTY, THE. 



which were built in Africa, in Spain, and about Ta- 
rentum. 1 7. The shoemaker's last was also call- 
ed forma? and tentipellium, 3 in Greek KaMnovc,* 
whence Galen says 5 that physicians who want dis- 
crimination in the treatment of their patients are 
like shoemakers who make shoes from the same 
last (hi Kalbnodi) for all their customers. 

The spouts and channels of aquaeducts are called 
forma, perhaps from their resemblance to some of 
me moulds included in the above enumeration. 6 

FO'RMULA. (Vid. Actio.) 

FORNACA'LIA was a festival in honour of For- 
nax, the goddess of furnaces, in order that the corn 
might be properly baked. 7 This ancient festival is 
said to have been instituted by Numa. 8 The time 
for its celebration was proclaimed every year by 
the Curio Maximus, who announced in tablets, 
which were placed in the Forum, the different part 
which each curia had to take in the celebration of 
the festival. Those persons who did not know to 
what curia they belonged, performed the sacred 
rites on the Quirinalia, called from this circumstance 
the Stultorum ferice, which fell on the last day of 
the Fornacalia. 9 

The Fornacalia continued to be celebrated in the 
time of Lactantius. 10 

FORNAX, dim. FORNA'CULA (ku/iivos, dim. 
Ka/Liiviov), a Kiln, a Furnace. The construction of 
the kilns used for baking earthenware (vid. Fictile) 
may be seen in the annexed woodcut, which rep- 
resents part of a Roman pottery discovered at Cas- 
tor, in Northamptonshire. 11 The dome-shaped roof 
has been destroyed, but the flat circular floor on 
which the earthenware was set to be baked is pre- 
served entire. The middle of this floor is supported 




by a thick column of brickwork, which is encircled 
by the oven (furnus, nMSavog). The entrance to the 
oven ( prafurnium) is seen in front. The lower part 
of a smelting-furnace, shaped like an inverted bell, 
and sunk into the earth, with an opening and a chan- 
nel at the bottom for the discharge of the melted 
metal, has been discovered near Aries. 12 In Spain 
these furnaces were raised to a great height, in or- 
der that the noxious fumes might be carried off. 13 
They were also provided with long flues (longinqua 
fornacis cuniculo 1 *), and with chambers (camera) for 
the purpose of collecting more plentifully the oxides 

1. (Varro, De Re Rust., i., 14.— Pallad., i., 34.— " Parietes 
formacei :" Plin., H. N., xxxv., 48.)— 2. (Hor., Sat., ii., 3, 106.) 
—3. (Festus, s. v.)— 4. (Plato, Conviv., p. 404, ed. Bekker.)— 5. 
(Therap., ix., 16.)— 6. (Frontin., De Aqueduct., 75, 126.)— 7. 
(Festus, s. v.)— 8. (Plin., H. N., xviii., 2.)— 9. (Ovid, Fasti, ii., 
,527.— 'Varro, De Ling. Lat., vi., 13, with Miiller's note. — Festus, 
s. v. Quirinalia, Stultor. ferise.) — 10. (Lactant., I., 20.) — 11. 
(Artis's DurobriviE, Lond., 1828.) — 12. (Florencourt, iiber die 
Berg-werke der Alten, p. 30.)— la (Strabo, iii., 2, p. 391, ed. 
Sieb.)— J4. (Plin., H. N, ix., 62.) 
450 



and other matters by sublimation. 1 Homei de- 
scribes a blast-furnace with twenty crucibles (xo- 
avoi 2 ). Melting-pots or crucibles have been founf 
at Castor, 3 and at different places in Egypt, in forr .< 
and material very like those which we now err • 
ploy.* 

Furnaces of an appropriate construction wen 
erected for casting large statues of bronze, 5 and fo ■■ 
making lampblack. 6 (Vid. Ate amentum.) Tb 
limekiln (fornax calcaria) is described by Cato. 7 O 
the mode of heating baths, vid. p. 151. 

The early Romans recognised, under the name o 
Fornax or Dea Fornacalis, a divinity who presidec 
over ovens and furnaces. (Vid. Foenacalia.) 

FORNIX, in its primary sense, is synonymous 
with Aecus, 8 but more commonly implies an arched 
vault, constituting both roof and ceiling to the 
apartment which it encloses. 9 It is composed of a 
semicylindrical and oblong arch like the Camera, 
but differs from it in construction, consisting entirely 
of stone or brick, whereas the other was formed upon 
a framework of wood, like the skeleton of a ship 10 
(vid. Cameea) ; both of which methods appear to 
have been sometimes united, as in the roof of the 
Tullianum, described by Sallust, 11 where the ribs of 
the Camera were strengthened by alternate courses 
of stone arches. " Tullianum .... muniunt undique 
parietes, atque insuper Camera, lapideis fornicibus 
vincta." If the stone chamber now seen at Rome 
under the Mamertine prisons was really the Tul- 
lianum, as commonly supposed, it is not construct- 
ed in the manner described, being neither camera- 
turn nor fornicatum, but consisting of a circular 
dome, formed by projecting one course of stones 
beyond the course below it, like the treasury of 
Atreus at Mycenae, described at p. 85. (Vid. Ae- 
cus.) 

From the roof alone, the same word came to sig- 
nify the chamber itself, in which sense it designates 
a long narrow vault, covered by an arch of brick or 
masonry (tectum fornicatum), similar to those which 
occupy the ground-floors of the modern Roman 
palaces. Three such cells are represented in the 
annexed woodcut, from the remains of a villa at 
Mola di Gaieta, which passes for the Formian villa 
of Cicero. They are covered internally with a 
coating of stucco, tastefully ornamented, and paint- 
ed in streaks of azure, pink, and yellow. 




Being small and dark, and situated upon the level 
of the street, these vaults were occupied by prosti- 
tutes 12 (vid. Ciecus, p. 255) ; whence comes the 
meaning of the word fornicatio in the ecclesiastical 
writers, and its English derivation. 

Fornix is also a sallyport in the walls ; 13 a trium- 
phal arch ; 14 and a street in Rome, which led to the 
Campus Martius, was called Via Fornicata, 15 proba 
bly on account of the triumphal arches built across it 

FORTY, THE (ol TeTTapaKovra), were certain of- 
ficers chosen by lot, who made regular circuits 
through the demi of Attica, whence they are called 
ducaoral Kara drjiiovg, to decide all cases of aUca and 

1. (Plin., H. N., xxxiv., 22, 33-41.)— 2. (11., xviii., 470.)— 3 
(Artis, pi. 38.) — 4. (Wilkinson, Manners and Customs, iii., 224.) 
—5. (Claud., De Laud. Stil., ii., 176.)— 6. (Vitruv., vii., 10.)— 7. 
(De Re Rust., 38.— Vid. also Plin., H. N.,xvii., 6.— Vitruv., mi., 
3.)— 8. (Senec, Ep., 90.)— 9. (Cic, Top., 4.)— 10. (Sallust, Ju- 
gurth., 18.— Suet., Nero, 34.)— 11. (Cat., 55.)— 12. (Hor., Sat., 
I., ii., 30. — Juv., Sat., iii., 156. — Id. ib., xi., 171. — Compare Suet , 
Jul., 49.)— 13. (Liv., xxxvi., 23.— Compare xliv., 11.)— 14. (Cic 
De Orat., ii., 66.)— 15. (Liv., xxii., 36.) 



FORUM. 



FORUM. 



ru irepl t£>v fiiatov, and also all other private causes, 
where the matter in dispute was not above the 
value of ten drachmae. Their number was origi- 
nally thirty, but was increased to forty after the 
expulsion "of the thirty tyrants and the restoration 
of the democracy by Thrasybulus, in consequence, 
it is said, of the hatred of the Athenians to the 
number of thirty. They differed from other dtKacr- 
rai, inasmuch as they acted as elcayuyelc, as well 
as decided causes ; that is, they received the accu- 
sation, drew up the indictment, and attended to all 
that was understood in Athenian law by the riye/xo- 
via tov diKaoTvpiov. They consequently may be 
classed among the regular magistrates of the state. 1 

FORUM. As the plan of the present work does 
not include a topographical description of the vari- 
ous fora at Rome, the following article only contains 
a brief statement of the purposes which they served. 

Forum originally signified an open place {area) 
before any building, especially before a sepulcrum, 2 
and seems, therefore, etymologically to be con- 
nected with the adverb foras. The characteris- 
tic features of a Roman forum were, that it was a 
levelled space of ground of an oblong form, and sur- 
rounded by buildings, houses, temples, basilicas, or 
porticoes. 3 It was originally used as a place where 
justice was administered, and where goods were 
exhibited for sale.* We have, accordingly, to dis- 
tinguish between two kinds of fora, of which some 
were exclusively devoted to commercial purposes, 
and were real market-places, while others were pla- 
ces of meeting for the popular assembly and for the 
courts of justice. Mercantile business, however, 
was not altogether excluded from the latter, and it 
was especially the bankers and usurers who kept 
their shops in the buildings and porticoes by which 
they were surrounded. The latter kinds of fora 
were sometimes called fora judicialia, to distinguish 
them from the mere market-places. 

Among the fora judicialia, the most important was 
the Forum Romanum, which was simply called Fo- 
rum as long as it was the only one of its kind which 
existed at Rome. At a late period of the Republic, 
and during the Empire, when other fora judicialia 
were built, the Forum Romanum was distinguished 
from them by the epithets vetus or magnum. It was 
situated between the Palatine and the Capitoline 
Hills, and its extent was seven jugera, whence Var- 
ro s calls it the " Septem jugera forensia." It was 
originally a swamp or marsh, but was said to have 
been filled up by Romulus and Tatius, and to have 
been set apart as a place for the administration of 
justice, for holding the assemblies of the people, and 
for the transaction of other kinds of public business. 6 
In this widest sense the Forum included the comi- 
tium, or the place of assembly for the curiae, 7 which 
was separated from the Forum in its narrower sense, 
or the place of assembly for the comitia tributa, by 
the Rostra. 8 These ancient rostra were an eleva- 
ted space of ground or a stage (suggestum), from 
which the orators addressed the people, and which 
derived its name from the circumstance that, after 
the subjugation of Latium, its sides were adorned 
with the beaks (rostra) of the ships of the Antiates. 9 
In subsequent times, when the curiae had lost their 
importance, the accurate distinction between comi- 
tium and forum likewise ceased, and the comitia 



1. (Pollux, viii., 40.— Harpocrat., s. v. Kara Sr/fiovg diKaorrjs. — 
Rhelor., Lex., 310, 21.— Demosth.. c. Timocr., p. 735, 11.— Id., 
c Pantam., p. 976, 10— Schubert, De JEdil., p. 96-98.— Meier, 
Alt. Proc., p. 77-S2.— Schomann, Ant Jur. Publ. Graec, p. 267, 
10.)— 2. (Festus, s. v.— Cic, De Leg., ii., 24.)— 3. (Vitruv., v., 
\, 2.)— 4. (Varro, De Ling. Lat., v., 145, ed. Muller.)— 5. (De Re 
Rust.. 1, 2.)— 6. (Dion. Hal., Ant. Rom., iii., p. 200.— Compare ii., 
p. 113, ed. Sylburg.)— 7. (Varro, De Ling. Lat., v., 155, ed. 
Muller. )— 8. (Niebuhr, Hist, of Rome, i., p. 291, note 746, and 
p. 426, note 990.— Walter, Gesch. des Rom. Rechts, p. 83.— Got- 
thnir Ge.vh <l? r Rou. Staatsv.. p. 155.)— 9. (Liv., viii., 14.) 



tributa were sometimes held in the Circus Flamim- 
us ; but towards the end of the Republic the Forum 
seems to have been chiefly used for judicial proceed- 
ings and as a money-market ; hence Cicero 1 dis- 
tinguishes between a speaker in the popular assem- 
bly (orator) and the mere pleader : " Ego istos non 
modo oratoris nomine, sed ne foro quidem dignos pit- 
tdrim." The orators, when addressing the people 
from the rostra, and even the tribunes of the people 
in the early times of the Republic, used to front the 
comitium and the curia ; but C. Gracchus, 2 or, ac- 
cording to Varro 3 and Cicero,* C. Licinius, introdu- 
ced the custom of facing the Forum, thereby ac- 
knowledging the sovereignty of the people. In 308 
B.C., the Romans adorned the Forum, or, rather, 
the bankers' shops (argentarias) around, with gilt 
shields which they had taken from the Samnites ; 
and this custom of adorning the Forum with these 
shields and other ornaments was subsequently al- 
ways observed during the time of the Ludi Romani, 
when the aediles rode in their chariots (tensce) in 
solemn procession around the Forum. 5 After the 
victory of C. Duilius over the Carthaginians, the Fo- 
rum was adorned with the celebrated columna ros- 
trata. (Vid. Columna.) In the upper part of the 
Forum, or the comitium, the laws of the Twelve 
Tables were exhibited for public inspection, and it 
was probably in the same part that, in 304 B.C., Cn. 
Flavius exhibited the Fasti, written on white tables 
(in albo), that every citizen might be able to know 
the days on which the law allowed the administra- 
tion of justice. 6 Besides the ordinary business 
which was carried on in the Forum, we read that 
gladiatorial games were held in it, 7 and that prison- 
ers of war and faithless colonists or legionaries 
were put to death there. 8 

A second forum judiciarium was built by J. Caesar, 
and was called Forum Casaris or Julii. The lev- 
elling of the ground alone cost him above a million 
of sesterces, and he adorned it, besides, with a mag- 
nificent temple of Venus Genitrix. 9 

A third forum was built by Augustus, and called 
Forum Augusli, because the two existing ones were 
not found sufficient for the great increase of busi- 
ness which had taken place. Augustus adorned his 
forum with a temple of Mars and the statues of the 
most distinguished men of the Republic, and issued 
a decree that only the judicia publica and the sorti- 
tiones judicum should take place in it. 10 After the 
Forum Augusti had severely suffered by fire, it was 
restored by Hadrianus. 11 

The three fora which have been mentioned seem 
to have been the only ones that were destined for 
the transaction of public business. All the others, 
which were subsequently built by the emperors, 
such as the Forum Trajani or Ulpium, the Forum 
Sallustii, Forum Diocletiani, Forum Aureliani, &c., 
were probably more intended as embellishments of 
the city than to supply any actual want. 

Different from these fora were the numerous mar- 
kets at Rome, which were neither as large nor as 
beautiful as the former. They are always distin- 
guished from one another by epithets expressing the 
particular kinds of things which were sold in them, 
e. g., forum boarium, according to Festus, the cattle- 
market ; according to others, it derived the name bo- 
arium from the statue of an ox which stood there;" 
forum olitorium, the vegetable market ; 13 forum pis- 



1. (De Orat., i., 36.)— 2. (Plut., C. Gracch., 5.)— 3. (De Re 
Rust., i., 2.)— 4. (De Amicit., 25.)— 5. (Liv., ix., 40.— Cjc. in 
Verr., i., 54, and hi., 4.)— 6. (Liv., ix.,46.)— 7. (Vitruv.. v., 1,2.) 
8. (Liv., vii., 19.— Id., ix., 24. — Id., xxxviii., 28.)— 9. (Suet., 
Jul., 26. — Plin., H. N., xxxvi., 15. — Dion Cass., xliii., p. 254.) 
—10. (Suet., Octav., 29 and 31.— Compare Plin., H. N , 1. c 
—Veil. Pat., ii., 39.— Ovid, Ep. ex Pont., iv., 15, 16.— Martial, 
iii., 38, 3.— Seneca, De Ira, ii., 9 —Stat., Sylv., iv., 9, 15.)— 11 
(JE\. Spart., Hadr., c. 19.)— 12 (Plin., H. N., xxxiv., 2.— Ovi<, 
Fast., vi., 477.)— 13. fVarro, Do Ling. Lat., v.. 110.) 

451 



i-KENUM. 



FRUMENTARII. 



cartum, fish-market ; forum cupedinis, market for 
dainties ; forum coquinum, a market in which cook- 
ed and prepared dishes were to be had, &c. 

(Respecting the fora in the provinces, see the ar- 
ticles Colonia and Conventus ; compare Sigonius, 
De Antiq. jur. Ital., ii., 15, and Walter, Gesch. des 
Rom. Rechts., p. 206.) 

♦FRAGUM, the Strawberry, Fragaria Vesca, L. 
It is worthy of remark, that the Strawberry was 
unknown to the ancient Greeks. Not so, howev- 
er, with the Romans. It is described by Pliny, 1 
and had been previously mentioned by Virgil 2 and 
Ovid. 3 The Strawberry appears to have come ori- 
ginally from the Alps and the forests of Gaul. My- 
repsus, a physician of the thirteenth century, is the 
first Greek writer that makes mention of it. The 
name which he gives it, <ppayov2,i, is still applied to 
it by the modern Greeks, dropping, however, the 
fourth letter (ippuov/ii*). Planudes, in his Greek 
version of Ovid, translates fragum by nofxapov. 
This, however, is an error, since ndfiapov is the fruit 
of the wild Strawberry, which is a very different 
thing from that which we are here considering. 
(Vid. Arbutum.) 

FRAMEA. (Vid. Hasta.) 

FRATRES ARVA'LES. (Vid. Arvales Fra- 

TRES.) 

*FRAXTNUS, the Ash, Fraxinus Ornus, L., 
called by the Greeks (ielia. The fiovnelia of The- 
ophrastus is the Fraxinus excelsior. b " There are 
about forty species of the Ash : the common Ash 
(Fraxinus excelsior) is one of the most useful of 
trees. It has been known from the remotest pe- 
riod of history, and is very generally diffused. The 
A.sh is called, by way of eminence, " the Husband- 
man's tree," nothing being equal to it for agricultu- 
ral implements, and for all sorts of poles, ladders, 
long handles, and other purposes which require 
etrength and elasticity combined with comparative 
lightness. Hesiod derives his brazen men from it ; 
and the Edda, or sacred book of the Northmen, 
gives the same origin to all the human race. From 
one species of Ash, which grows wild in the mount- 
ains of Calabria, and does not attain to a great size, 
manna is gathered. It is procured by cutting the 
trunk towards the end of July, and collecting the 
juice which exudes." 6 

FRENUM (xalivoc), a Bridle. That Bellerophon 
might be enabled to perform the exploits required 
of him by the King of Lycia, he was presented by 
Minerva with a bridle as the means of subduing the 
winged horse Pegasus, who submitted to receive it 
while he was slaking his thirst at the fountain Pei- 
rene. See the annexed woodcut, from a bas-relief 




S 



Mf5^ 



which represents this event, and compare Pindar, 
Olymp., xiii., 85-115. Such was the Grecian ac- 
count of the invention of the bridle, and in refer- 

1. (H. N., xxv., 9.)— 2. (Eclog., iii., 92.)— 3. (Met., xiii., 816. 
—lb., i., 104.)-- 4. (Billerbeck, Flora Clajsica, p. 135.)— 5. (The- 
©phrast., H. P., iii., 3.)— 6. (Library pf Ent. Knowledge.) 
452 



ence to it Minerva was worshipped at Corinth uy*. 
der the titles "Imria and XaXtvlnc. 1 The several 
parts of the bridle, more especially the bit, are en- 
graved from ancient authorities in the treatises of 
Inverpizi (De Frenis), Ginzrot (Ueber Wagen), and 
Bracy Clark (Chalinology, Lond., 1835). 

The bit (orea; 2 6fjy/na ; 3 oro/uiov*) was commonly 
made of several pieces, and flexible, so as not to- 
hurt the horse's mouth ; for the Greeks considered 
a kind and gentle treatment the best discipline, al 
though, when the horse was intractable, they taught 
it submission by the use of a bit which was armed 
with protuberances resembling wolves' teeth, and 
therefore called lupatum. 5 The bit was held in its 
place by a leathern strap passing under the chin, 
and called imoxahLvidia, for which a chain (ipaliov) 
was often substituted ; a rope or thong, distinct 
from the reins, was sometimes fastened to this 
chain or strap by means of a ring, and was used to 
lead the horse (pvrayuyevc 6 ). The upper part of the 
bridle, by which it was fixed round the ears, is 
called by Xenophon KopvQata, 1 and it included the 
Ampyx, which was often ornamental. The cheek- 
pieces (Tvapijlov, 8 -rrapayvadidiov 9 ), which joined this 
upper portion to the bit, were also, in some cases, 
richly adorned, especially among the nations of 
Asia. Those who took delight in horsemanship 
bestowed, indeed, the highest degree of splendour 
and elegance upon every part of the bridle, riot ex- 
cepting the bit, which, though commonly of bronze 
or iron, was sometimes silver or gold (fulvum man- 
dunt sub deniibus aurum 10 ). These precious metals 
were also either embossed (frena ccelata 11 ) or set 
with jewels. 13 

Not only was the bridle dispensed with in the 
management of creatures invented by the imagina- 
tion of the poet, 13 but of some which were actually 
trained by man to go without it. Thus the Numid- 
ian desultor guided his two horses by the whip, 
and the Gallic essedarius, on the banks of the 
Rhone, directed and animated his mules entirely by 
the voice. 14 (Vid. woodcuts, p. 217, 269, 332, 378, 
408.) 

FRIGIDA'RIUM. (Vid. Baths, p. 148.) 

FRITILLUS (<pi[ioc), a Dicebox, of a cylindrica' 
form, and therefore called also turricula, 15 and form- 
ed with parallel indentations (gradus) on the inside, 
so as to make a rattling noise when the dice were 
shaken in it. 16 When games of chance became 
general among the Romans, so that even boys en- 
gaged in them, they had fritilli small in proportion 
to their age. 17 

FRONTA'LE. (Vid. Ampyx.) 

FRUCTUS. (Vid. Ususfructus.) 

FRUMENTA'RII were officers under the Roman 
Empire, who acted as spies in the provinces, and 
reported to the emperors anything which they con- 
sidered of importance. 18 They appear to have been 
called Frumentarii because it was their duty to col- 
lect information in the same way as it was the duty 
of other officers, called by the same name, to col- 
lect corn. They were accustomed to accuse per- 
sons falsely, and their office was at length abolished 
by Diocletian. They were succeeded in later times 
by the agentes rerum. 19 We frequently find, in in- 
scriptions, mention made of Frumentarii belonging 



1. (Paus., II., iv., 1, 5.)— 2. (Festus, s. v.) — 3. (Brunck, 
Anal., ii., 237.)— 4. (JEschyl., Prom., 1045.)— 5. (Xen., De Re 
Eq., vi., 13.— Id. ib., x., 6.— Virg., Georg., iii., 208. — Hor., 
Carm.,i., 8, 7.— Ovid, Amor., i., 2, 15.) — 6. (Xen., 1. c— Aris- 
toph.,Pac.,154.)-7. (iii.,2.)— 8. (Horn., II., iv., 142.)— 9. (Eu$- 
tath., ad locJ — 10. (Virg., ^n., vii., 279.) — 11. (Apul., Dj 
Deo Soc.)— 12. (Claud., Epig., 34, 36.)— 13. (^schyl., ]from , 
294.)— 14. (Claud., Epig., 4.)— 15. (Mart..xiv., 16.)— 16. (Hor., 
Sat., ii., 7, 17.— Mart., iv., 14.— Id., xiv., i.)— 17. (Juv., xiv., 5.) 
—18. (Aurel. Vict., De Caes., 39. sub fin.— Spart., Hadr., 11.— 
Capitol., Macrin., 12. — Id., Commod., 4.)— 19. (Aurel. V*<* 
I.e.) 






FULLO. 



FULLO. 



lo particular legions, 1 from whiih it has been sup- 
posed that the Frumentarii, vho acted as spies, 
were soldiers attached to the legions in the provin- 
ces ; they may, however, have been different offi- 
cers, whose duty it was to distribute the corn to the 
legions. 

*FUCUS (<f>vKog), a marine shrub (according to 
some, the same with red alkanet), from which the 
ancients made a dye or paint. "Various species 
of Fad," observes Adams, " are described by The- 
ophrastus and Dioscorides, but in such general 
terms that it appears to me a vain task to at- 
tempt to determine them. It is farther deserving 
of remark, that Galen, Aetius, and Oribasius, de- 
scribe a sort of ceruse under this name. It would 
appear that it was used as a paint, and in this sense 
it occurs in Lucian's fine epigram in the Anthol- 



"2 



ogy- 

FUGA LATA. (Vid. Banishment. Roman.) 

FUGA LIBERA. ( Vid. Banishment, Roman.) 

FUGITTVUS. (Vid. Servus.) 

FULCRUM. (Vid. Lectus.) 

FULLO (uveitis, yva<pei>c), also called NACCA, 3 
a Fuller, a washer or scourer of cloth and linen. 
The fullones not only received the cloth as it came 
from the loom in order to scour and smooth it, but 
also washed and cleansed garments which had been 
already worn. As the Romans generally wore 
woollen dresses, which were often of a light colour, 
they frequently needed, in the hot climate of Italy, 
a thorough purification. The way in which this 
was done has been described by Pliny and other an- 
cient writers, but is most clearly explained by some 
paintings which have been found on the walls of a 
fullonica at Pompeii. Two of these paintings are 
given by Gell,* and the whole of them in the Museo 
Borbonico ; 5 from the latter of which works the 
following cuts have been taken. 

The clothes were first washed, which was done 
In tubs or vats, where they were trodden upon and 
stamped by the feet of the fullones, whence Sen- 
eca speaks 6 of saltus fullonicus. The following 
woodcut represents four persons thus employed, of 
whom three are boys, probably under the superin- 
tendence of the man. Their dress is tucked up, 
leaving the legs bare ; the boys seem to have done 
their work, and to be wringing the articles on which 
they had been employed. 




The ancients were not acquainted with soap, but 
ihey used in its stead different kinds of alkali, by 
which the dirt was more easily separated from the 
clothes. Of these, by far the most common was 
the urine of men and animals, which was mixed 
with the water in which the clothes were washed. 7 
To procure a sufficient supply of it, the fullones 
were accustomed to place at the corners of the 
streets vessels, which they carried away after they 
had been filled by the passengers. 8 We are told by 
Suetonius 9 that Vespasian imposed a urinccvectigal, 
which is supposed by Casaubon and others to have 



been a tax paid by the fullones. Nitrum, of whicn 
Pliny 1 gives an account, was also mixed with the 
water by the scourers. Fuller's earth (cre/afullo- 
ma 2 ), of which there were many kinds, was em- 
ployed for the same purpose. We do not know the 
exact nature of this earth, but it appears to have 
acted in the same way as our fullers' earth, namely, 
partly in scouring and partly in absorbing the greasy 
dirt. Pliny 3 says that the clothes should be washed 
with the Sardinian earth. 

After the clothes had been washed, they were 
hung out to dry, and were allowed to be placed in 
the street before the doors of the fullonica. 4 When 
dry, the wool was brushed and carded to raise the 
nap, sometimes with the skin of a hedgehog, and 
sometimes with some plants of the thistle kind. 
The clothes were then hung on a vessel of basket- 
work (viminea cavea), under which sulphur was 
placed in order to whiten the cloth ; for the ancient 
fullers appear to have known that many colours 
were destroyed by the volatile steam of sulphur. 5 
A fine white earth, called Cimolian by Pliny, was 
often rubbed into the cloth to increase its white- 
ness. 6 The preceding account is well illustrated 
by the following woodcut. 




1. (Orclli, Inscr., 74, 3491, 4922.)— 2. (Adams, Append., s. v. 
liuro?.)— 3. (Festus, s. v. — Apul., Met., ix., p. 206, Bipont.)— 
4. (Pompeiana, vol. ii.,pl. 51, 52.)— 5. (vol. iv., pi., 49, 50.)— 6. 
(Ep., 15.)— 7. (Plin., II. N., xxviii., 18, 26.— Athen.,xi., p. 484.) 
P (Martial, vi., 93.— Macrob., Saturn., ii., 12.)— 9. (Vesp., 23.) 



On the left we see a fullo brushing or carding a 
white tunic, suspended over a rope, with a card or 
brush, which bears considerable resemblance to a 
modern horsebrush. On the right, another man 
carries a frame of wicker-work, which was, without 
doubt, intended for the purpose described above ; 
he has also a pot in his hand, perhaps intended for 
holding the sulphur. On his head he wears a kind 
of garland, which is supposed to be an olive gar- 
land, and above him an owl is represented sitjting. 
It is thought that the olive garland and the owl in- 
dicate that the establishment was under the patron- 
age of Minerva, the tutelary goddess of the loom. 
Sir W. Gell imagines that the owl is probably the 
picture of a bird which really existed in the family. 
On the left a well-dressed female is sitting, exam- 
ining a piece of work which a younger girl brings to 
her. A calantica (vid. Calantica) upon her head, 
a necklace, and bracelets, denote a person of higher 
rank than one of the ordinary work-people of the 
establishment. 

In the following woodcut we see a young man in 
a green tunic giving a piece of cloth, which appears 
to be finished, to a young woman, who wears a 
green under-tunic, and over it a yellow tunic with 
red stripes. On the right is another female in a 
white tunic, who appears to be engaged in cleaning 
one of the cards or brushes. Among these paint- 
ings there was a press, worked by two upright 
screws, in which the cloth was placed to be smooth ■ 
ened. A drawing of this press is given in the arti- 
cle Cochlea, p. 272. ^__^ 

1. (H. N., xaxi., 46.)— 2. (Plin., H. N., xviii., 4.)— 3. (H.N., 
xxxv., 57.)— 4. (Di<*. 43, tit. 10. s. 1, <) 4.)— 5. (Apul., Met., he , 
p. 208, Bipont. — Plin., H. N., xxxv., 50, 57. — Pollux, Onom. 
vii., 41.)— 6. (Theophrast., Char.. 10— Plaut., Aulul., >., 9, 6 
—Plin., H. N., xxxv., 57.) 

453 



FUNAMBULUS. 



FUND A. 




The establishment or workshop of the fullers was 
called Fullonica, 1 Fullonicum,* or Fullonium. 3 Of 
such establishments there were great numbers in 
Rome, for the Romans do not appear to have wash- 
ed at home even their linen clothes.* The trade of 
the fullers was considered so important, that the 
censors C. Flaminius and L. ^Emilius, B.C. 220, 
prescribed the mode in which the dresses were to 
be washed. 5 Like the other principal trades in 
Rome, the Fullones formed a collegium. 6 To large 
farms a fullonica was sometimes attached, in which 
the work was performed by the slaves who belong- 
ed to the familia rustica. 7 

The fullo was answerable for the property while 
it was in his possession ; and if he returned by mis- 
take a different garment from the one he had re- 
ceived, he was liable to an action ex locato ; to which 
action he was also subject if the garment was in- 
jured. 8 Woollen garments which had been once 
washed were considered to be less valuable than 
they were previously ; 9 hence Martial 10 speaks of a 
toga Iota terquc quatcrque as a poor present. 

The Greeks were also accustomed to send their 
garments to fullers to be washed and scoured, who 
appear to have adopted a similar method to that 
which has been described above. 11 The word nlv- 
veiv denoted the washing of linen, and K,va<f>eveiv or 
yvatyeveiv the washing of woollen clothes. 18 

FULLO'NICA. (Vid. Fullo.) 

FUNA'LE ((7/co/laf 13 ), a Link, used in the same 
manner as a torch (vid. Fax), but made of papyrus 
and other fibrous plants, twisted like a rope, and 
smeared with pitch and wax. 1 * It was, indeed, as 
Antipater describes it, " a light coated with wax" 
CXa[i.izdg Krjpoxtruv 15 ). For this reason it was also 
called cereus. Funalia are sculptured upon a mon- 
ument of considerable antiquity preserved at Pa- 
dua. 16 At the Saturnalia they were presented by 
clients to their superiors, and were lighted in hon- 
our of Saturn. 17 

FUNA'LIS EQUUS. (Vid. Currus, p. 332.) 

FUNAMBULUS (KaXoBdrrjc, cxoivoburriQ), a Rope- 
dancer. The art of dancing on the tight-rope was 
carried to as great perfection among the Romans 
as it is with us. 18 If we may judge from a series of 
paintings discovered in the excavations 19 from which 

1. (Dig-. 39, tit. 3, s. 3.)— 2. (Dig. 7, tit. 1, s. 13, $ 8.)— 3. 
(Amm. Marc, xiv., 11, p. 44, Bipont.)— 4. (Martial, xiv., 51.) — 
5. (Plin., H. N., xxxv., 57.)— 6. (Fabretti, Inscript., p. 278.)— 7. 
(Yarro, R. R., i., 16.)— 8. (Dig-. 19, tit. 2, s. 13, $ 6 ; s. 60, t> 2 ; 
12, tit. 7, s. 2.)— 9. (Petron., 30.— Lamprid., Heliogab.,26.)— 10. 
v 'x., 11.)— 11. (Theophrast., Char., 10.— Athen., xi., p. 582, d.— 
Pollux, Onom., vii., 39, 40, 41.)— 12. (Eustath. ad Od., xxiv., 
148, p. 1956, 41. — Compare Schottgen, " Antiquitates Trituree 
et Fulloniae," Traj. ad Rhen., 1727. — Beckmann, Hist, of Inven- 
tions, &c, vol. iii., p. 266, &c, transl. — Becker, Gallus, ii., p. 
100, &c— Id., Charikles, ii., p. 408.)— 13. (Isid., Orig-., xx., 10.) 
— 14. (Virg., JEn., i-, 727. — Servius, ad loc. — Hor., Carm., iii., 
26, 7.— Val. Max., iii., 6, (/ 4.)— 15. (Brunck, Anal., ii., 112. — 
Jacobs, ad loc.)— 16. (Pignor., De Servis, p. 259.)— 17. (Antipa- 
ter, 1. c.— Macrob., Sat., i., 6.)— 18. (Hor., Epist., ii., 1, 210.— 
Terent., Hecyr. Prol., 4, 34. — Juv., iii., 80. — Bulenger, De 
Theatr., i., 42.)— 19. (Ant. d'Ercol., t. iii., p. 160-165.) 
454 



the figures in the annexed woodcut are selected, 
the performers, who were principally Greeks, 1 pla- 
ced themselves in an endless variety of graceful and 




sportive attitudes, and represented the characters 
of bacchanals, satyrs, and other imaginary beings. 
Three of the persons here exhibited hold the thyr- 
sus, which may have served for a balancing-pole . 
two are performing on the double pipe, and one on 
the lyre ; two others are pouring wine into vessels 
of different forms. They all have their heads en- 
veloped in skins or caps, probably intended as a 
protection in case of falling. The Emperor Anto- 
ninus, in consequence of the fall of a boy, caused 
feather beds (culcitras) to be laid under the rope, to 
obviate the danger of such accidents. 5 One of the 
most difficult exploits was running down the rope 3 
at the conclusion of the performance. It was a 
strange attempt of Germanicus and of the Emperor 
Galba to exhibit elephants walking on the rope. 4 

FUNDA (a<j)ev66v7i), a Sling. The light troops 
of the Greek and Roman armies (p. 94) consist- 
ed in great part of slingers (funditores, oQevdovTjrai). 
The sling was also very much employed by the 
Jews, Phoenicians, and Egyptians, by the Carduchi 
and the Persians, 5 by the Spaniards, 5 and by many 
other nations. The manner in which it was wield- 
ed may be seen in the annexed figure 7 of «i soldier 




with a provision of stones in the sinus of his palli- 
um, and with his arm extended in order to whirl 
the sling about his head. 8 Besides stones, plum- 

1. (Juv., 1. c.)— 2. (Capitol., M. Anton., 12.)— 3. (Suet., Nero, 
11.— Brodsus in loc.) — 4. (Plin., II. N., viii., 2.— Suet., Galb., 
6.— Sen., Epist., 86.)— 5.,(Diod. Sic, xiv., 27.— Id., xviu'., 51.)— 
6. (Strabo, iii., p. 436, edrSieb.)— 7. (Bartoli, Col. Traj., t. 18.) 
—8. (Virg., iEn., ix., 5S7, 588.— Id. ib., xi., 579 ) 






FUNDUS. 



FUNUS. 



fnets, called glandes (uo2.v6didec), of a form between 
acorns and almonds, were cast in moulds to be 
thrown with slings. 1 They have been found on 
the plain of Marathon, and in other parts of Greece, 
and are remarkable for the inscriptions and devices 
which they exhibit, such as thunderbolts, the names 
of persons, and the word AESAI, meaning " Take 
this." 2 

The celebrity of the natives of the Balearic Isles 
as slingers is said to have arisen from the circum- 
stance that, when they were children, their moth- 
ers obliged them to obtain their food by striking it 
with a sling. 3 Among the Greeks, the Achaeans 
and Acarnanians attained to the greatest expert- 
ness in the use of this weapon. 

The sling, as depicted in the Egyptian tombs, had 
at one end a loop for making it fast to the hand. It 
was made of wool,* hair, hemp, or leather 5 (stupea ; 6 
habena 1 ). Its advantages were, that it might be 
carried any distance without the slightest inconve- 
nience ; that soldiers accustomed to the use of it 
might employ it when their other weapons were 
unavailable (positis kastis 6 ) ; and that it was very 
effective in checking an enemy, especially in stony 
places, in mountain passes, and upon eminences. 9 
Hunters also used the sling to kill their game. 10 

While the sling was a very efficacious and impor- 
tant instrument of ancient warfare, stones thrown 
with the hand alone were also much in use both 
among the Romans 11 and with other nations (oi ire- 
rpotcliOi} 2 ). The Libyans carried no other arms 
than three spears and a bag full of stones. 13 

The casting-net was sometimes called funda. 1 * 
(Vid. Rete.) 

FUNDUS. The primary signification of this word 
appears to be the bottom or foundation of a thing ; 
and its elementary part (fud) seems to be the same 
as that of (3vd,6g and Tcvd^rjv, the n in fundus being 
used to strengthen the syllable. The conjectures 
of the Latin writers as to the etymology of fundus 
may be safely neglected. 

Fundus is often used as applied to land, the solid 
substratum of all man's labours. According to Flo- 
rentinus, 15 the term fundus comprised all land and 
constructions on it ; but usage had restricted the 
name of cedes to city houses, villa to rural houses, 
*rea to a plot of ground in a ci*y not built upon, 
ager to a plot of ground in the country, and fundus 
to ager cum <zdificiis. This definition of fundus may 
be compared with the uses of that word by Horace 
and other writers. In one passage, 16 Horace places 
domus and fundus in opposition to one another, do- 
mus being, apparently, there used as equivalent to 
aedes. 

The term fundus often occurred in Roman wills, 
and the testator frequently indicated the fundus to 
which his last dispositions referred by some name, 
such as Sempronianus, Seianus ; sometimes, also, 
with reference to a particular tract of country, as 
Fundus Trebatianus qui est in regione Atellana. 11 A 
fundus was sometimes devised cum omni instru- 
mento, with its stock and implements of husbandry. 
Occasionally a question arose as to the extent of 
the word instrumentum, between or among the par- 
ties who derived their claim from a testator. 18 

Fundus has a derived sense which flows easily 
enough from its primary meaning. " Fundus," says 
Festus, " dicitur populus esse rei, quam alienat, hoc 

1. (Lucret., vi., 176.— Ovid, Met., ii., 729.— Id. ib., vii., 778.— 
Id. ib., xiv., 825, 826.)— 2. (Dodwell's Tour, vol. ii., p. 159-161.— 
Bockh, Corp. Inscr., i., p. 311.)— 3. (Veget., De Re Mil., i., 16.) 
—4. (Horn., II., xiii., 599.)— 5. (Veget., in., 14.)— 6. (Virg., 
Georg., i., 309.)— 7. (.En., xi., 579.)— 8. (Virg., 1. c.)— 9. (Ve- 
aet., i., 16.)— 10. (Virg., Georg., i., 309.)— 11. (Veget., i., 16.— 
Id., n., 23 )— 12. (Xen., Hellen., ii., 4, $ 12.)— 13. (Diod. Sic, 
mi., 49.)— 14. (Virg., G*org., i., 141.)— 15. (Dig. 50, tit. 16, s. 
211.)— 16. (Ep., I., ii 47.)— 17. (Brissunius De Formulis, vii., 
W.).- 18. (Dig. 33, tit. 17, 8 . 12.) 



est auctor." 1 (Vid. Auctor.) In this sense "fundus 
esse" is to confirm or ratify a thing; and in Gellius 3 
there is the expression " sententia legisque fundus 
subscriptorque fieri." (Vid. Fcederati.) 

FUNDITO'RES. (Vid. Funda.) 

*FUNGUS (jivkw), the Mushroom. " The escu- 
lent mushrooms of the ancients comprehended, no 
doubt, the Agaricus campestris, and other species of 
this genus. The Agaricus acris and other species 
were embraced under their poisonous mushrooms. 
It will be interesting to the medical student to 
compare the account of the poisonous mushrooms 
given by Nicander, with Orfila's observations on the 
same in his work ' on Poisons.' " 3 Diphilus, an an- 
cient author quoted by Athenaeus, says that Fungi 
are grateful to the stomach, laxative, and nutritious, 
but of difficult digestion and flatulent. Apicius di- 
rects to eat them with pepper, oil, salt, &c. Horace 
points out the best kind of Fungi, and the poets, 
generally, mention mushrooms as a delicacy at thp 
tables of gourmands.* 

FUNIS. (Vid. Navis.) 

FUNUS. It is proposed in the following article 
to give a brief account of Greek and Roman funer- 
als, and of the different rites and ceremonies con- 
nected therewith. 

The Greeks attached great importance to the bu- 
rial of the dead. They believed that souls could 
not enter the Elysian fields till their bodies had been 
buried ; and, accordingly, we find the shade of El- 
penor in the Odyssey 5 earnestly imploring Ulysses 
to bury his body. Ulysses also, when in danger of 
shipwreck, deplores that he had not fallen before 
Troy, as he should in that case have obtained an 
honourable burial. 6 So strong was this feeling 
among the Greeks, that it was considered a reli- 
gious duty to throw earth upon a dead body which 
a person might happen to find unburied ; 7 and among 
the Athenians, those children who were released 
from all other obligations to unworthy parents, were 
nevertheless bound to bury them by one of Solon's 
laws. 8 The neglect of burying one's relatives is 
frequently mentioned by the orators aS a grave 
charge against the moral character of a man, 9 since 
the burial of the body by the relations of the dead 
was considered a religious duty by the universal 
law of the Greeks. Sophocles represents Antigone 
as disregarding all consequences in order to bury 
the dead body of her brother Polynices, which 
Creon, the king of Thebes, had commanded to be 
left unburied. The common expressions for the 
funeral rites, ra di/taia, vo/2ifia or vofit^ofieva, Trpoo7J- 
kovtci, show that the dead had, as it were, a legal 
and moral claim to burial. 

The common customs connected with a Greek 
funeral are described by Lucian in his treatise De 
Luctu; 10 and there is no reason for supposing that 
they differ much from those which were practised 
in earlier times. After a person was dead, it was 
the custom first to place in his mouth an obolus, 
called davunTi (vid. Danace), with which he might 
pay the ferryman in Hades. The body was then 
washed and anointed with perfumed oil, and the 
head was crowned with the flowers which happen- 
ed to be in season. The deceased was then dress- 
ed in as handsome a robe as the family could afford, 
in order, according to Lucian, that he might not be 
cold on the passage to Hades, nor be seen naked by 
Cerberus ; this garment appears to have been usu 

1. (Compare Plautus, Trinum., V., i., 7, "fundus potior.") — 
2. (xix., 8.)— 3. (Theopbrast., H. P., i., 8.— Nicand., Alex., t 
520.— Orfila on Poisons, ii., 327.)— 4. (Athen., Deipnos., ii., 19 
— Adams, Append., s. v. ixvktjs. — Horat., Sat., ii., 4. — Juv., Sat., 
v., 145. — Adams, Commentary on Paul of iEgina, p. 99.) — 5. 
(xi., 66, &c.)— 6. (Od., v., 311.)— 7. (^1., Var. Hist., v., 14.)— 
8. (jEscb., c. Timarch., p. 40.)— 9. (Demosth., c Aristog., i., p 
787, t> 2.— Lys., c. Phil., p. 883 ; c Alcib., p. 539.)— 10 <c. If* 
&c, vol. ii., p. 926, ed. Reitz.) 

455 



FUNUS. 



FUNUS. 



ally white. 1 These duties were not performed by 
hired persons, like the pollinctorcs among the Ro- 
mans, but by the women of the family, upon whom 
the care of the corpse always devolved. 2 

The corpse was then laid out {Kpodeoig, Trportdea- 
Oai) on a bed (kMvij), which appears to have been 
of the ordinary kind, with a pillow (irpocneyakaiov) 
for supporting the head and back. 3 It is said that 
the bed on which the corpse was laid out was ori- 
ginally placed outside the house ;* but at Athens 
we know it w T as placed inside, by one of Solon's 
laws. 6 The object of this formal irpodecric was, that 
it might be seen that the deceased had died natu- 
rally, and that no violence had been done to him. 6 
Plato 7 assigns another reason, namely, that there 
might be no doubt that the person was dead, and 
says that the body ought only to be kept in the 
house so long as may be necessary to ascertain 
that fact. By the side of the bed there were placed 
painted earthen vessels called hijuvdoi* w 7 hich were 
also buried with the corpse ; examples of which 
may be seen in the drawings of the coffins given 
by Bottiger 9 and Stackelberg. 10 Great numbers of 
these painted vases have been found in modern 
times, and they have been of great use in explain- 
ing many matters connected with antiquity. A hon- 
ey-cake, called /xeXtrrovra, which appears to have 
been intended for Cerberus, was also placed by the 
side of the corpse. 11 Before the door a vessel of 
water was placed, called oarpaaov, apdaliov or ap- 
daviov, in order that persons who had been in the 
house might purify themselves by sprinkling water 
on their persons. 12 The relatives stood around the 
bed, the women uttering great lamentations, rend- 
ing their garments, and tearing their hair. 13 Solon 
attempted to put a stop to this, 14 but his regulations 
on the subject do not appear to have been generally 
observed. It was formerly the practice to sacrifice 
victims before carrying out the dead ; but this cus- 
tom was not observed in the time of Plato. 15 No 
females under 60 years of age, except the nearest 
relatives (evrog dvefiadtiv), were allowed to be pres- 
ent while the corpse was in the house. 16 

On the day after the Trpodeaig, or the third day 
after death, the corpse was carried out (kictyopd, £k- 
nofiidrj) for burial early in the morning and before 
sunrise, by a law of Solon, which law appears to 
have been revived by Demetrius Phalereus. 17 A 
burial soon after death was supposed to be pleasing 
to the dead. Thus we find the shade of Patroclus 
saying to Achilles, 18 

0a7rre fie ottl rdxiOTa, iruXac dldao ireprjou. 

In some places it appears to have been usual to 
bury the dead on the day following death. 19 The 
men walked before the corpse, and the women be- 
hind. 20 The funeral procession was preceded or 
followed by hired mourners (^p^v^Sol), who appear 
to have been usually Carian women, though Plato 
speaks of men engaged in this office. They played 
mournful tunes on the flute.* 1 

The body was either buried or burned. Lucian" 
^ays that the Greeks burn and the Persians bury 
their dead ; but modern writers are greatly divided 

1. (II., xviii., 353. — Artemidor., Oneirocr., ii., 3.) — 2. (Issus, 
De Philoct. haered., p. 143.— Id., De Ciron. hsered., p. 209.)— 3. 
(Lj's., c. Eratosth., p. 395.) — 4. (Schol. ad Aristoph., Lvsistr., 
611.)— 5. (Demosth., c. Macart., p. 1071.)— 6. (Pollux, Onom., 
viii., 65.)— 7. (Leg., xii., 9, p. 959.)— 8. (Aristoph., Eccl., 1032, 
996.)— 9. (" Vaseng.," title-page.)— 10. (Die Graber der Helle- 
nen, pi. 8.) — 11. (Aristoph., Lysistr., 601, with schol.' — Compare 
Virg., JEn., vi.", 419.)— 12. (Aristoph., Eccl., 1033. — Pollux, 
Ouom., viii., 65. — Hesych., s. v. 'Apo".) — 13. (Lucian, lb., 12.) — 
14. (Plut., Sol., 12, 21.)— 15. (Min., c. 5, p. 315.)— 16. (Demosth., 
c. Macart., p. 1071.) — 17. (Demosth., 1. c. — Antiph., De Chor., 
p. 782.— l..c, De Leg., ii., 26.)— 18. (II., xxiii., 71.— Compare 
Xen., Mem., i., 2, t> 53.)— 19. (Callim., Epigr., 15.— Diog. Laert., 
i., 122.)— 20. (Demosth., 1. c.)— 21. (Plat., Leg., vii., 9, p.800.— 
Hftsych., ?. v. Kapivai.—T ' lux, Onom., iv., 75.)— 22. (lb., 21.) 
456 



in opinion as to which was th«. usual practice. 
Wachsmuth 1 says that in historical times the dead 
were always buried ; but this statement is not 
strictly correct. Thus we find that Socrates speaks 
of his body being either burned or buried ; a the 
body of Timoleon was burned, 3 and so was that of 
Philopoemon.* The word ddnTeiv was used in con - 
nexion with either mode ; it is applied to the col 
lection of the ashes after bu ning, and accordingly 
we find the words tcaieiv and -ddirTELv used togeth- 
er. 5 The proper expression for interment in the 
earth is KaropvrTeiv, whence we find Socrates speak- 
ing of to aujia ij ttaofievov t/ Karopyrrd/ievov. In 
Homer the bodies of the dead are burned ; s but in- 
terment was also used in very ancient times. Ci- 
cero 7 says that the dead were buried at Athens in 
the time of Cecrops ; and we also read of the bones 
of Orestes being found in a coffin at Tegea. 8 The 
dead were commonly buried among the Spartans 9 
and the Sicyonians ; 10 and the prevalence of this 
practice is proved by the great number of skele- 
tons found in coffins in modern times, which have 
evidently not been exposed to the action of fire. 
Both burning and burying appear to have been al- 
ways used to a greater or less extent at different 
periods, till the spread of Christianity at length put 
an end to the former practice. 

The dead bodies were usually burned on piles of 
wood called nvpai. The body was placed on the 
top ; and in the heroic times it was customary to 
burn with the corpse animals, and even captives or 
slaves. Thus, at the funeral of Patroclus, Achilles 
killed many sheep, oxen, horses, and dogs, and also 
tw r elve captive Trojans, whose bodies he burned 
with those of his friend. 11 Oils and perfumes were 
also thrown into the flames. When the pyre was 
burned dow T n, the remains of the fire were quench- 
ed with wine, and the relatives and friends collect" 
ed the bones. 12 The bones were then washed with 
wine and oil, and placed in urns, which were some- 
times made of gold. 13 

The corpses w T hich were not burned were buried 
in coffins, which were called by various names, as 
copoi, 7rve2.ot, fajvoi, ?\.dpva.Keg, dpotrai, though some 
of these names were also applied to the urns in 
which the bones were collected. They were made 
of various materials, but were usually of baked clay 
or earthenware. Their forms are very various, as 
may be seen by a reference to Stackelberg, Die 
Graber der Hellenen, pi. 7, 8. The following wood- 
cut contains two of the most ancient kind -, thp 
figure in the middle is the section of one. 




The dead were usually buried outside the town, 
as it was thought that their presence in the city 
brought pollution to the living. At Athens the 
dead were formerly buried in their own houses, 1 * 
but m historical times none were allowed to be 
buried within the city. 15 Lycurgus, in order to re- 
move all superstition respecting the presence of 
the dead, allowed of burial in Sparta ; 16 and at Me- 
gara, also, the dead were buried within the town. 17 

Persons who possessed lands in Attica were fre- 
quently buried in them, and we therefore read of 
tombs in the fields. 18 Tombs, however, were most 

• 1 (Hwlleii Alterthumsk., ii., 2, p. 79.)— 2. (Plat., Pha;dr , c. 
148, p. 115.)- 3. (Plut., Timol., 39.)— 4. (Id., Philop., 21.)— 5. 
(Dionys. Hal., Ant. Rom., v., 48.)— 6. (II., xxiii., 127, &c. — lb., 
xxiv., 787, &c.)— 7. (De Leg., ii., 25.)— 8. (Herod., i., 68.— Cora- 
pare Plut., Sol., 10.)— 9. (Plut., Lycurg., 27. — Compare Thucyd , 
i., 134.)— 10. (Paus., ii., 7, I) 3.)— 11. (II., xxiii., 165, &c.)— 12 
(II., xxiv., 791.)— 13. (Od., xxiv., 71, &c.)— 14. (Plat., Min., 1 
c.)— 15. (Cic. ad Fam., iv., 12, i> 3.)— 16. (Plut., Lycurg., 27.) — 
17. (Paus., i., 43, $ 2.)— 13 (Demosth., c. Euerg., p. 1159 — 
Donat. ad Tei., Eun. Prol., 10.) 



FUNUS. 



FUNUS. 



frequently built by the side of roads and near the 
gates of the city' Thus the tomb of Thucydides 
was near the Melitian gate ; l but the most com- 
mon place of burial was outside of the Itonian gate, 
near the road leading to the Peiraeus, which gate 
was for that reason called the burial-gate ('Hpicu 
nvlai 2 ). Those who had fallen in battle were bu- 
ried at the public expense in the outer Cerameicus, 
on the road leading to the Academia. 3 

The tombs were regarded as private property, 
and belonged exclusively to the families whose rel- 
atives had been buried in them.* 

Tombs were called drjuai, rdQot, fivfifiara, fiv-rjfiela, 
ai/fiara. Many of these were only mounds of earth 
or stones (x < ^ ) l xara . *o?Mvai, tv/iSoc). Others were 
built of stone, and frequently ornamented with great 
taste. Some of the most remarkable Greek tombs 
are those which have been recently discovered in 
Lycia by Mr. Fellows. In the neighbourhood of 
Antiphellus the tombs are very numerous. They 
all have Greek inscriptions, which are generally 
much destroyed by the damp sea-air. The follow- 
ing woodcut, taken from Mr. Fellows's work, 6 con- 
tains one of these tombs, and will give an idea of 
the general appearance of the whole. 




At Xanthus the tombs are still more numerous. 
They are cut into, or are formed by cutting away, 
the rock, leaving the tombs standing like works of 
sculpture. 6 The same is the case at Telmessus, 
where they are cut out of the rock in the form of 
temples. They are generally approached by steps, 
and the columns of the portico stand out about six 
feet from the entrance to the cella ; the interiors 
vary but little ; they are usually about six feet in 
height, and nine feet by twelve in size. One side 
is occupied by the door, and the other sides contain 
benches on which the coffins or urns have been 
placed. 7 

Some Greek tombs were built under ground, and 
called hypogca (vnoyaia or vnoyua). They corre- 
spond to the Roman conditoria* {Vid. Conditori- 
um.) 

At Athens the dead appear to have been usually 
buried in the earth, and originally the place of their 
interment was not marked by any monument. 9 Af- 
terward, however, so much expense was incurred 
in the erection of monuments to the deceased, that 
it was provid ed by one of Solon's laws that no one 

1. (Paus., i., 23, $ 11.)— 2. (Etyra. Mag. and Harpocr., s. v.— 
Theophrast., Char., 14.)— 3. (Thucyd., ii., 34.— Paus., i., 29, I) 
4.)— 4. (Demosth., c. Eubul., p. 1307 ; c. Macart., 1077.— Cic, 
De Leg., ii., 26.)— 5. (Excursion in Asia Minor, p. 219.)— 6. (lb., 

L226.)— 7. (lb., p. 245.)— 8. (Petron., c. ID )— 9. (Cic, De 
g ,h ., 25.) 

Mn 



should erect a monument which could not be com- 
pleted by ten men in the course of t'lree days.' 
This law, however, does not seem to have been 
strictly observed. We read of one monument which 
cost twenty-five minee, 8 and of another which cost 
more than two talents. 3 Demetrius Phalereus also 
attempted to put a stop to this expense by forbid- 
ding the erection of any funeral monument more 
than three cubits in height.* 

The monuments erected over the graves of per 
sons were usually of four kinds: 1. orr/hai, pillars 
or upright stone tablets ; 2 kiove?, columns ; 3. 
vatdia or Tjptia, small buildings in the form of tem- 
ples ; and, 4. rpuize&i, flat square stones, called 
by Cicero 5 mensa. The term crfiXai is sometimes 
applied to all kinds of funeral monuments, but 
properly designates upright stone tablets, which 
were usually terminated with an oval heading 
called E7ri6r]ixa. These £Kid?'/fj.a,Ta were frequently 
ornamented with a kind of arabesque work, as in 
the two following specimens taken from Stackel- 
berg. 6 The shape of the kTtidrjfia, however, some- 




times differed : among the Sicyonians it was in the 
shape of the aero? or fastigium {vid. Fastigium), 
which is placed over the extremity of a temple. 

The Kioveg or columns were of various forms. 
The three in the following woodcut are taken from 
Stackelberg 7 and Millin. 8 




The following example of an rjp&ov, which is also 
taken from Stackelberg, 9 will give a general idea of 
monuments of this kind. Another rjptiov is given 
in the course of this article. 

The inscriptions upon these funeral monuments 
usually contain the name of the deceased person, 
and that of the demus to which he belonged, as well 
as, frequently, some account of his life. A work on 
these monuments, entitled Hepl MvTj/idTuv, was writ- 
ten by Diodorus Periegetes. 10 

Orations in praise of the dead were sometimes 
pronounced ; but Solon ordained that such orations 
should be confined to persons who were honoured 
with a public funeral n In the heroic ages games 



ii., 26.)— 2. (Lvs., c. Diog., p. 905.)— 3. (Demosth., c. 
p. 1125, 15.)— 4. (Cic., , 1. c.)— 5. (1. <:.)— 6. (pi. 3.)- 



1. (Id., 
Steph., i. 

7. (pi. 44,"46.)— 8. (Feint, de Vases Ant., vol. ii., pi. 51.)— 9 
(pi. 1.)— 10. (Plot., Them , 32.)— 11. (Cic , De Leg., \i., 26 ) 

457 



rdNus. 



FUNUS. 



«f**re ceL-brated at the funeral of a great man, as in 
the ease of Patroclus ; l but this practice does not 
snera to have been usual in the historical times. 




A.11 persons who had been engaged in funerals 
were considered polluted, and could not enter the 
temples of the gods till they had been purified. Those 
persons who were reported to have died in foreign 
countries, and whose funeral rites had been per- 
formed in their own cities, were called vorepbnoTfioi 
and ikvrepoTTOTjj.01 if they were alive. Such persons 
were considered impure, and could only be delivered 
from their impurity by being dressed in swaddling 
clothes, and treated like newborn infants. 2 

After the funeral was over the relatives partook 
of a feast, which was called nepidemvov or veitpo- 
aeLTrvov. 3 This feast was always given at the house 
of the nearest relative of the deceased. Thus the 
relatives of those who had fallen at the battle of 
Chaeroneia partook of the irepidenrvov at the house 
of Demosthenes, as if he were the nearest relative 
to them all. 4 These feasts are frequently repre- 
sented on funeral monuments. In one corner a 
horse's head is usually placed, which was intended 
to represent death as a journey. The following 
woodcut, which represents a ixepidet'Kvov or veupb- 
detTvov, is taken from the Marmora Oxon., i., tab. 52, 
No. 135. A similar example of a nepide envoy is 
j_iven at the beginning of Hobhouse's Travels. 5 




On the second day after the funeral a sacrifice to 
the dead was offered, called rpt-a. Pollux 6 enu- 
merates in order all the sacrifices and ceremonies 
which followed the funeral : rplra, evvara, rptaKa- 

1. (II., xxiii.)— 2. (Hesych., s. v.— Plut., Quaest. Rom., 5.)— 
3. (Lucian, lb., c. 24.— Cic, De Leg., ii., 25.) — 4. (Demosth., 
Pro Coron., p. 321, 15.) — 5. (Compare Miiller, Archaeol. der 
Kunst, i) 428, 2.)— 6. (Onoro viii., 146.) 
458 



dec, evayia\iara, x oat - Aristophanes 1 alludes t«0 the 
rpira. The principal sacrifice, however, to the 
dead was on the ninth day, called evvara or Ivara* 
The mourning for the dead appears to have lasted 
till the thirtieth day after the funeral, 3 on which 
day sacrifices were again offered.* At Sparta the 
time of mourning was limited to eleven days. 8 
During the time of mourning it was considered in- 
decorous for the relatives of the deceased to appear 
in public : 6 they were accustomed to wear a black 
dress, 7 and in ancient times cut off their hair as a 
sign of grief (IHbaa/uog TrevdrjTJjpiog 6 ). 

The tombs were preserved by the family to which 
, they belonged with the greatest care, and were re- 
garded as among the strongest ties which attached 
a man to his native land. 9 In the Docimasia of the 
Athenian archons it was always a subject of inquiry 
whether they had kept in proper repair the tombs 
of their ancestors. 10 On certain days the tombs 
were crowned with flowers, and offerings were 
made to the dead, consisting of garlands of flowers 
and various other things ; for an account of which, 
see ^Eschyl., Pers., 609, &c. ; Choeph., 86, &c. The 
act of offering these presents was called evayi^eiv., 
and the offerings themselves evayiafiaTa, or, more 
commonly, %oai. Such offerings at the tombs are 
represented upon many ItjkvOol, or painted vases, 
of which an example is given in the following wood- 
cut. 11 The tomb is built in the form of a temple 
{jip&ov), and upon it is a representation of the de- 
ceased. See also Stackelberg, pi. 44-46, and Mil- 
lin, vol. ii., pi. 32, 38, for farther examples. 




The yeveaia mentioned by Herodotus 18 appear to 
have consisted in offerings of the same kind, which 
were presented on the anniversary of the birthday 
of the deceased. The veicvoia were probably offer- 
ings on the anniversary of the day of the death ; 
though, according to some writers, the ve/evcta were 
the same as the yeveaia. 13 Meals were also pre- 
sented to the dead, and burned. 14 

Certain criminals, who were put to death by the 
state, were also deprived of the rites of burial, 
which was considered as an additional punishment. 
There were certain places, both at Athens and 
Sparta, where the dead bodies of such criminals 
were cast. 15 A person who had committed suicide 
was not deprived of burial, but the hand with which 
he had killed himself was cut off and buried by it- 

1. (Lysistr., 611, with schol.)— 2. (iEschiii., c. Ctes., p. 617. 
— Isaeus, De Ciron. haered., p. 224.)- 3. (Lys., De Caed. Erat., 
p. 16.)— 4. (Harpocrat., s. v. Tpiaicdg.)— 5. (Plut., Lye, 27.)— 6. 
(^Eschin., c. Ctes., p. 468, 469.)— 7. (Eurip., Helen., 1087.- 
Iphig-. Aul., 1438.— Isaeus, De Nicostr. haered., p. 71.— Plut., 
Pericl., 38.)— 8. (JEschyl., Choeph., 7.) -'3. (iEschyl., Pers., 
405.— Lycur^., c. Leocr., p. 141.)— 10. (Xen., Mem., ii., 2,$ 13.) 
—11. (Millin, Peint. de Vases Ant., vol. ii., pi. 27.)— 12. (nr., 
26.)— 13. (Hesych., s. v. Tivhia — Grammatt. Dekker, p. 231.) 
—II. (Lucian, ContempL, p. 22, vol. i., p. 519, ed. Reitz. — Id., 
De Merc. Conduct., 28, p. 687- — Artemidor , Oneirocr., iv., 81.) 
—15. (Plut., Them., 22.— Thucyd., i., 134.) 



FUNUS. 



FUNUS. 



self. 1 The bodies of those persons who had been 
struck by lightning were regarded as sacred (iepol 
venpoi); they were never buried with others," but 
usually on the spot where they had been struck. 3 

(Vid. BlDENTAL.) 

We now proceed to give an account of Roman 
funerals. They were conducted, in some respects, 
in the same manner as Greek funerals ; but as they 
differ in many important particulars, a separate ac- 
count of each is given in this article. 

When a Roman was at the point of death, his 
neaj 3st relative present endeavoured to catch the 
last breath with his mouth. 4 The ring was taken 
off the finger of the dying person ; 5 and as soon as 
he was dead, his eyes and mouth were closed by 
the nearest relative, 6 who called upon the deceased 
by name (inclamare, conclamare), exclaiming have or 
vale. 1 The corpse was then washed, and anointed 
with oil and perfumes by slaves, called Pollinctores, 
who belonged to the Libitinarii, or undertakers, 
called by the Greeks vEKpoddirTat* The Libitinarii 
appear to have been so called because they dwelt 
near the Temple of Venus Libitina, where all things 
requisite for funerals were sold. 9 Hence we find 
the expressions vitare Libitinam and evadere Libiti- 
nam used in the sense of escaping death. 10 At this 
temple an account {ratio, ephemeris) was kept of 
those who died, and a small sum was paid for the 
registration of their names. 11 

A small coin was then placed in the mouth of the 
corpse, in order to pay the ferryman in Hades, 12 
and the body was laid out on a couch in the vesti- 
bule of the house, with its feet towards the door, 
and dressed in the best robe which the deceased 
had worn when alive. Ordinary citizens were 
dressed in a white toga, and magistrates in their 
official robes. 13 If the deceased had received a 
crown, while alive, as a reward for his bravery, it 
was now placed on his head, 1 * and the couch on 
which he was laid was sometimes covered with 
leaves and flowers. A branch of cypress was also 
usually placed at the door of the house, if he was 
a person of consequence. 15 

Funerals were usually called funera justa or ex- 
sequiaz; the latter term was generally applied to 
the funeral procession (pompa funebris). There 
were two kinds of funerals, public and private ; of 
which the former was called funus publicum 16 or in- 
dictivum, because the people were invited to it by a 
herald ; 17 the latter, funus taciturn, 1 * translatitium, 19 
or plebeium. A person appears to have usually left 
a certain sum of money in his will to pay the ex- 
penses of his funeral ; but if he did not do so, 
nor appoint any one to bury him, this duty devolved 
upon the persons to whom the property was left, 
and if he died without a will, upon his relatives ac- 
cording to their order of succession to the property. 20 
The expenses of the funeral were in such cases de- 
cided by an arbiter according to the property and 
rank of the deceased, 21 whence arbitria is used to 
signify the funeral expenses. 22 The following de- 
scription of the mode in which a funeral was con- 
ducted only applies strictly to the funerals of the 
great ; the same pomp and ceremony could Taot, of 

1. (^Eschin., c. Ctes., p. 636, 637.)— 2. (Eurip., Sup^L, 935.) 
— 3. (Artemid., Oneirocr., ii., 9, p. 146.) — 4. (Virg., JEii., it., 
684.— Cic, Verr., v., 45.)— 5. (Suet., Tib., 73.)— 6. (Virg., JEn., 
ix., 487.)— 7. (Ovid,' Trist., III., iii., 43.— Id., Met., x., 62.— Id., 
Fast., iv., 852.— CatulL, ci., 10.)— 8. (Dig. 14, tit. 3, s. 5, $ 8.)— 
9. (Senec, De Benef., vi., 38.— Plut., Quoest. Rom., 23.— Liv., 
xli., 21.— Plut., Num., 12.)— 10. (Hor., Carm., III., xxx., 6.— 
Juv., xii., 122.)— 11. (Suet., Ner., 39.— Dionys. Hal., Ant. Rom., 
iv., 15.)— 12. (Juv., iii., 267.)— 13. (Juv., iii., 172.— Liv., xxxiv., 
7.— Suet., Ner., 50.)— 14. (Cic, De Leg., ii., 24.)— 15. (Lucan., 
iii., 442.— Hor., Carm., II., xiv., 23.)— 16. (Tacit., Ann., vi., 11.) 
—17. (Festus, s. v.— Cic, De Leg., ii., 24.)— 18. (Ovid, Trist., 
V, iii., 22.)— 19. (Suet., Ner., 33.)— 20. (Dig. 11, tit. 7, s. 12.)— 
21. (Dig., 1. c.)— 22. (Cic, Pro Dom., 37.— Id., post Red. in 
Sen.. 7, -Id. in Pis., 9.) 



course, be observed in the case of persons in ordi- 
nary circumstances. 

All furerals in ancient times were performed a\ 
night , a out afterward the poor only were buried at 
night, because they could not afford to have anv 
funeral procession. 2 The corpse was usually car- 
ried out of the house (efferebatur) on the eighth day 
after the death. 3 The order of the funeral pro- 
cession was regulated by a person called Designator 
or Dominus Funeris, who was attended by lictors 
dressed in black.* It was headed by musician of 
various kinds (cornicines, siticines), who played 
mournful strains, 5 and next came mourning women, 
called PrceficcE, 6 who were hired to lament and sing 
the funeral song {namia or lessus) in praise of the 
deceased. These were sometimes followed by play 
ers and buffoons (scur r » ) histriones), of whom one, 
called Archimimus, represented the character of the 
deceased, and imitated his words and actions. 7 
Then came the slaves whom the deceased had lib- 
erated, wearing the cap of liberty (pileati); the 
number of whom was occasionally very great, since 
a master sometimes liberated all his slaves in his 
will, in order to add to the pomp of his funeral. 8 
Before the corpse the images of the deceased and 
of his ancestors were carried, 9 and also the crowns 
or military rewards which he had gained. 10 

The corpse was carried on a couch (lectica), to 
which the name of Feretrum 11 or Capulum 1 * was usu- 
ally given ; but the bodies of poor citizens and of 
slaves were carried on a common kind of bier or 
coffin, called Sandapila. 13 The Sandapila was car- 
ried by bearers, called Vespce or Vespillones, 1 * be- 
cause, according to Festus, 15 they carried out the 
corpses in the evening (vespertine- tempore). The 
couches on which the corpses of the rich were car- 
ried were sometimes made of ivory, and covered 
with gold and purple. 16 They were often carried 
on the shoulders of the nearest relatives of the de- 
ceased, 17 and sometimes on those of his frtedmen. 18 
Julius Caesar was oarried by the magistrates, 9 and 
Augustus by the senators. 20 

The relatives of the deceased walked behind tha 
corpse in mourning ; his sons with their heads veil- 
ed, and his daughters with their heads bare and 
their hair dishevelled, contrary to the ordinary prac- 
tice of both. 31 They often uttered loud lamenta- 
tions, and the women beat their breasts and tore 
their cheeks, though this was forbidden by the 
Twelve Tables (Mulieres genas ne radunto™). If the 
deceased was of illustrious rank, the funeral pro- 
cession went through the Forum, 23 and stopped be- 
fore the rostra, where a funeral oration (laudatio) in 
praise of the deceased was delivered. 2 * This prac- 
tice was of great antiquity among the Romans, and 
is said by some writers to have been first introduced 
by Poplicola, who pronounced a funeral oration in 
honour of his colleague Brutus. 25 Women, also, 
were honoured by funeral orations. 26 From the 
Forum the corpse was carried to the place of 
burning or burial, which, according to a law of 



1. (Serv. ad Virg., iEn., xi., 143. — Isidor., xi., 2. — Id.,xx., 10 ) 
— 2. (Festus, s. v. Vespje. — Sueton., Dom., 17. — Dionys. Hal, 
iv., 40.)— 3. (Serv. ad Virg., JEn., v., 64.)— 4. (Donat. ad Ter., 
Adelph., I., ii., 7. — Cic, De Leg., ii., 24. — Hor.,Ep., I., vii., 6.> 
—5. (Cic, lb., ii., 23.— GelL, xx., 2.)— 6. (Festus, s. v.)— 7 
(Suet., Vesp., 19.) — 8. (Dionys. Hal., iv., 24. — Compare Liv., 
xxxviii., 55.)— 9. (Cic, Pro Mil., 13.— Dion Cass., lvi., 134.— 
Plin., H. N., xxxv., 2.)— 10. (Cic, De Leg., ii., 24.)— 11. (Varro, 
De Ling. Lat., v., 166.)— 12. (Fest., s. v.)— 13. (Mart., ii., 81.— Id., 
VIIL, lxxv., 14.— Juv., viii., 175.— " Vilis area:" Hor., Sat., I., 
viii., 9.)— 14. (Suet., Dom., 17.— Mart., I., xxxi., 48.)— 15. (8. 
v.)— 16. (Suet., Jul., 84.)— 17. (Val. Max.. vii., 1, $ 1.— Hor., 
Sat., II., viii., 56.)— 18. (Pers., iii., 106.)— 19. (Suet., Jul., 84.) 
—20. (Suet., Octav., 100. —Tacit., Ann., i., 8.)— 21. (Plut., 
Quaest. Rom., 14.)— 22. (Cic, De Le<j., ii., 23.)— 23. (Dionys. 
Hal., iv., 40.)— 24. (Dionys. Hal., v., 17.— Cic, Pro Mil., 13.- 
Id., De Orat., ii., 84. -Suet., Jul., 84.— Id., Octav., 100.)— 25 
(Plut.. Poplic, 9.— Dionys. Hal., v., 17.)— 26. (Cic, De Orat 
ii., 11.— Suet., Jul., 26.— Id.. Pal., 10.) 

459 



FUNUS. 



FUNUS. 



the Iwelve Tables, was obliged to be outside the 
city. 1 

The Romans in the most ancient times buried 
their dead, 8 though they also early adopted, to some 
extent, the custom of burning, which is mentioned 
in the Twelve Tables. 3 Burning, however, does 
not appear to have become general till the later 
times of the Republic ; Marius was buried, and 
Sulla was the first of the Cornelian gens whose 
body was burned. 4 Under the Empire burning was 
almost universally practised, but was gradually dis- 
continued as Christianity spread, 5 so that it had 
fallen into disuse in the fourth century. 6 Persons 
struck by lightning were not burned, but buried on 
the spot, which was called Bidental, and was con- 
sidered sacred. (Vid. Bidental.) Children, also, 
who had not cut their teeth, were not burned, but 
buried in a place called Suggrundarium. 1 Those 
who were buried were placed in a coffin (area or 
loculus), which was frequently made of stone, 8 and 
sometimes of the Assian stone, which came from 
Assos in Troas, and which consumed all the body, 
with the exception of the teeth, in 40 days, 9 whence 
it was called Sarcophagus. This name was in 
course of time applied to any kind of coffin or tomb. 10 

The corpse was burned on a pile of wood (pyra 
or rogus). Servius 11 thus defines the difference 
between pyra and rogus : " Pyra est lignorum con- 
geries ; ro]*xis,cumjamarderecozperit,dicitur.'''' This 
pile was built in the form of an altar, with four equal 
sides, whence we find it called ara sepulcri 12 and 
funeris ara. 13 The sides of the pile were, according 
to the Twelve Tables, to be left rough and unpolish- 
ed, 14 but were frequently covered with dark leaves. 15 
Cypress-trees were sometimes placed before the 
pile. 1 * On the top of the pile the corpse was placed, 
vith the couch on which it had been carried, 17 and 
he nearest relative then set fire to the pile with his 
ace turned away. (Vid. Fax.) When the flames 
began to rise, various perfumes were thrown into 
the fire (called by Cicero"' 8 swmptuosa respersio), 
though this practice was forbidden by the Twelve 
Tables ; cups of oil, ornaments, clothes, dishes of 
food, and other things, which were supposed to be 
agreeable to the deceased, were also thrown upon 
the flames. 19 

The place where a person was burned was called 
Buslum if he was afterward buried on the same 
spot (vid. Bustum), and Ustrina or Ustrinum if he 
was buried at a different place. Persons of proper- 
ty frequently set apart a space, surrounded by a 
wall, near their sepulchres, for the purpose of burn- 
ing the dead ; but those who could not afford the 
space appear to have sometimes placed the funeral 
pyre against the monuments of others, which was 
frequently forbidden in inscriptions on monuments 
(Huic monumento ustrinum applicari non licet 30 ). 

If the deceased was an emperor or an illustrious 
general, the soldiers marched (decurrebant) three 
times round the pile, 21 which custom was observed 
annually at a monument built by the soldiers in hon- 
our of Drusus. 22 Sometimes animals were slaugh- 
tered at the pile, and in ancient times captives 
and slaves, since the Manes were supposed to be 

I. (Cic, De Leg., ii., 23.)— 2. (Plin., H. N., vii., 55.)— 3. 
(fSc, 1. c.)— 4. (Cic, lb., ii., 22.)— 5. (Minuc. Felix, p. S27, ed. 
Cuzel, 1672.)— 6. (Macrob., vii., 7.)— 7. (Plin., H. N., vii., 15.— 
Juv., xv., 140. — Fulgent., De prise, serm.,7.)— 8. (Val. Max., i., 
1. f> 12.— Aurel. Vict., De Vir. Illustr., 42.)— 9. (Plin., H. N.,ii., 
96 , xxxvi., 27.)— 10. (Juv., x., 172.— Disr. 34. tit. 1, s. 18, $ 5.— 
Orelli, Inscr., No. W4, 4432, 4554.)— 11. (ad Virg., ^En., xi., 
185.)— 12. (Virg., JEn., vi., 177.)— 13. (Ovid, Trist., III., xiii., 
21.)— 14. (Cic, De Leg., ii., 23.)— 15. (Virg., ^En., vi., 215.)— 
16. (Virg. et Ovid, 1. c— Sil. Ital., x., 535.)— 17. (Tibull., I., i., 
61.) — 18. (1. c)— 19. (Virg., JEn., vi., 225.— Stat., Theb., vi., 
225.— Stat., Theb., vi., 126.— Lucan., ix.. 175.)t-20. (Gruter, 
755, 4; 656, 3.— Orelli, 4384, 4385.)— 21. (Virg., jEn., xi., 188. 
•^Tact., Ann., ii., 7.)— 22. (Suet Claud., 1.) 
460 



fond of blood ; but afterward gladiators, called Bus- 
tuarii, were hired to fight round the burning pile. 
(Vid. Bustum.) 

When the pile was burned down, the embers 
were soaked with wine, and the bones and ashes 
of the deceased were gathered by the nearest rela- 
tives, 1 who sprinkled them with perfumes, and 
placed them in a vessel called urna* which was 
made of various materials, according to the cir- 
cumstances of individuals. Most of the funeral 
urns in the British Museum are made of marble, al- 
abaster, or baked clay. They are of various shape? 
but most commonly square or round ; and upon 
them there is usually an inscription or epitaph (tit- 
ulus or epitaphium), beginning with the letters D. 
M. S. or only D. M., that is, Dis Manibus Sacrum, 
followed by the name of the deceased, with the 
length of his life, &c, and also by the name of the 
person who had the urn made. The following ex- 
amples, taken from urns in the British Museum, 
will give a general knowledge of such inscriptions. 
The first is to Serullia Zosimenes, who lived 26 
years, and is dedicated by her son Prosdecius : 

D. M. 

Servlli^b Zosimeni 

Qv^E VIXIT ANN. XXVI. 

Bene meren. fecit 
Prosdecivs Filivs. 

The next is an inscription to Licinius Successus, 
who lived 13 years, one month, and 19 days, by his 
most unhappy parents, Comicus and Auriola : 

Dis. Man. 

comicvs. et 

avriola. parentes 

Infelicissimi 

Licinio Svccesso. 

v. a. xiii. m. i. d. xix. 

The following woodcut is a representation of a 
sepulchral urn in the British Museum. It is of an 
upright rectangular form, richly ornamented with 
foliage, and supported at the sides by pilasters. It 
is erected to the memory of Cossutia Prima. Its 
height is twenty-one inches, and its width, at the 
base, fourteen inches six eighths. Below the in- 
scription an infant genius is represented driving a 
car drawn by four horses. 




1. (Virg., JEn., vi., 226-228.— Tibull., I., iii., 6— Id., III., it., 
10.— Suet., Octav., 100.)— 2. (Ovid, Ana., iii-, ix., J9. -- " JFeraiia 
urna :" Tacit., Ann., iii., 1.) 



FUNUS. 



FUNUS. 



After the bones and ashes of the deceased had 
been placed in the urn, the persons present were 
thrice* sprinkled by a priest with pure water from a 
branch of olive or laurel for the purpose of purifica- 
tion ; l after which they were dismissed by the prce- 
fica, or some other person, by the solemn word i" li- 
cet, that is, ire licet. 2 At their departure they were 
accustomed to bid farewell to the deceased by pro- 
nouncing the word Vale. 2 

The urns were placed in sepulchres, which, as al- 
ready stated, were outside the city, though in a few 
cases we read of the dead being buried within the 
city. Thus Valerius, Publicola, Tubertus, and Fa- 
bricius were buried in the city ; which right their 
descendants also possessed, but did not use. 4 The 
vestal virgins and the emperors were buried in the 
city, according to Servius, 5 because they were not 
bound by the laws. By a rescript of Hadrian, those 
who buried a person in the city were liable to a 
penalty of 40 aurei, which was to be paid to the fis- 
cus ; and the spot where the burial had taken place 
was confiscated. 6 The practice was also forbidden 
by Antoninus Pius 7 and Theodosius II. 8 

The verb sepelirc, like the Greek &utttelv, was 
applied to every mode of disposing of the dead, 9 
and sepulcrum signified any kind of tomb in which 
the body or bones of a man were placed {Sepul- 
crum est, ubi corpus ossave hominis condita sunt 10 ). 
The term humare was originally used for burial in 
the earth, 11 but was afterward applied, like sepelirc, 
to any mode of disposing of the dead ; since it ap- 
pears to have been the custom, after the body was 
burned, to throw some earth upon the bones. 12 

The places for burial were either public or pri- 
vate. The public places of burial were of two 
kinds ; one for illustrious citizens, who were buried 
at the public expense, and the other for poor citi- 
zens, who could not afford to purchase ground for 
the purpose. The former was in the Campus Mar- 
tius, which was ornamented with the tombs of the 
illustrious dead {vid. Campus Martius), and in the 
Campus Esquilinus ; 13 the latter was also in the 
Campus Esquilinus, and consisted of small pits or 
caverns, called puticuli or puticulce ; 14 but as this 
place rendered the neighbourhood unhealthy, it was 
given to Maecenas, who converted it into gardens, 
and built a magnificent house upon it. Private pla- 
ces for burial were usually by the sides of the roads 
leading to Rome; and on some of these roads, such 
as the Via Appia, the tombs formed an almost un- 
interrupted street for many miles from the gates of 
the city. They were frequently built by individuals 
during their lifetime ; 15 thus Augustus, in his sixth 
consulship, built the Mausoleum for his sepulchre 
between the Via Flaminia and the Tiber, and plant- 
ed round it woods and walks for public use. 18 The 



heirs were often ordered by the will of the deceased 
to build a tomb for him ; x and they sometimes did 
it at their own expense (de suo), which is not un- 
frequently recorded in the inscription on funeral 
monuments, as in the following example taken from 
an urn in the British Museum : 

Dus Manibvs 

L. Lepidi Epaphr^e 

Patris Optimi 

L. Lepidivs 

Maximvs F. 

De. Svo. 

Sepulchres were originally called busta, 2 but tnis 
w r ord was afterward employed in the manner men- 
tioned under Bustum. Sepulchres were also fre- 
quently called Monumental but this term was also 
applied to a monument erected to the memory of a 
person in a different place from where he was bu- 
ried.* Conditoria or conditiva were sepulchres un- 
der ground, in which dead bodies were placed en- 
tire, in contradistinction to those sepulchres which 
contained the bones and ashes only. They an- 
swered to the Greek vKoyeiov or viroyaiov. (Vid. 
Conditorium.) 

The tombs of the rich were commonly built of 
marble, and the ground enclosed with an iron railing 
or wall, and planted round with trees. 5 The extent 
of the burying- ground was marked by Cippi. ( Vid. 
Cippus.) The name of Mausoleum, which was ori- 
ginally the name of the magnificent sepulchre erect- 
ed by Artemisia to the memory of Mausolus, king 
of Caria,* was sometimes given to any splendid 
tomb. 7 The open space before a sepulchre was 
called forum (vid. Forum), and neither this space 
nor the sepulchre itself could become the property 
of a person by usucapion. 8 

Private tombs were either built by an individual 
for himself and the members of his family (sepulcra 
familiaria), or for himself and his heirs (sepulcra 
hereditaria 9 ). A tomb which was fitted up with 
niches to receive the funeral urns was called co- 
lumbarium, on account of the resemblance of these 
niches to the holes of a pigeon-house. In these 
tombs the ashes of the freedmen and slaves of great 
families were frequently placed in vessels made of 
baked clay, called dice, which were let into the 
thickness of the wall within these niches, the lids 
only being seen, and the inscriptions placed in front 
A representation of a columbarium is given on page 
28S. 

Tombs were of various sizes and forms, accord- 
ing to the wealth and taste of the owner. The fol- 
lowing woodcut, which represents part of the street 
of tombs at Pompeii, is taken from Mazois, Pom- 
peiana, parti., pi. 18. 




^lYM^^^^^m^ 




All these tombs were raised on a platform of ma- 
sonry above the level of the footway. The first 
building on the right hand is a funeral triclinium, 
which presents to the street a plain front about 
twenty feet in length. The next is the family tomb 

1. (Virg., JEn., vi., 229.— Serv., ad loc.)— 2. (Serv., 1. c.)— 3. 
(Serv., 1. c.) — 4. (Cic, De Leg., ii., 23.) — 5. (ad Virg., JEn., xi., 
205.)— 6. (Dig. 47, tit. 12, s. 3, § 5.)— 7. (Capitol., Anton. Pius, 
12.)— 8. (Cod. Theod., 9, tit. 17, s. 6.)— 9. (Plin., H. N., vii., 55.) 
—10. (Dig. 11, tit. 7, s. 2, t) 5.— Compare 47, tit. 12, s. 3, y 2.)— 
11. (Plin., 1. c.)— 12. (Cic, De Leg., ii., 23.)— 13. (Cic, Phil., 
ix., 7.)— 14. (Varro, De Ling. Lat., v., £5, ed. Muller. — Festus, 
s. v.— Hor., Sat., I., viii., 10.)— 15. (Scnec, De Brev. Vit.. 20.) 
Mfi (Suet., Octav., 100.) 



of Naevoleia Tyche ; it consists of a square bulk, 
ing, containing a small chamber, and from the level 
of the outer wall steps rise, which support a marble 
cippus richly ornamented. The burial-ground of 
Nestacidius follows next, which is surrounded by a 
low wall ; next to which comes a monument erect- 
ed to the memory of C. Calventius Quietus. The 

1. (Hor., Sat., II., iii., 84.— Id. ib., v., 105.— Plin., Ep., vi., 
10.)— 2. (Festus, s. v. Sepulcrum.)— 3. (Cic. ad Fam., iv., 12, t> 3. 
—Ovid, Met., xiii., IU.A.)— 4. (Festus. s. v. — Cic, Pro Sext., 67.) 
—5. (Cic. ad Fam.. iv., 12, i> 3.— Tibull., III., ii., 22.— Suet, 
Ner., 33, 50.— Martial, i., 89.)— 6. (Plin., H. N., xxxv:., 4, <} 9. 
— Gell., x., 18.)— 7. (Suet., Octav., 100.— Paus., viii., 16, $ 3.)- • 
8. (Cic, De Le?.. ii., 24.)— 9. (Dijr. 11. tit 7, s.o.) 

461 



FUNUS. 



FUNUS. 



building is solid, and was not, therefore, a place of 
burial, but only an honorary tomb. The wall in 
front is scarcely four feet high, from which three 
steps lead up to a cippus. The back rises into a 
pediment ; and the extreme height of the whole 
from the footway is about seventeen feet. An un- 
occupied space intervenes between this tomb and 
the next, which bears no inscription. The last 
building on the left is the tomb of Scaurus, which 
is ornamented with bas-reliefs representing gladia- 
torial combats and the hunting of wild beasts. 

The tombs of the Romans were ornamented in 
various ways, but they seldom represented death in 
a direct manner. 1 A horse's head was one of the 
most common representations of death, as it signi- 
fied departure ; but we rarely meet with skeletons 
uoon tombs. The following woodcut, however, 




whioh is taken from a bas-relief upon one of the 
tombs of Pompeii, represents the skeleton of a child 
lying on a heap of stones. The dress of the fe- 
male, who is stooping over it, is remarkable, and is 
still preserved, according to Mazois, in the country 
around Sora. 3 

A sepulchre, or any place in which a person was 
buried, was religiosus ; all things which were left 
or belonged to the Dii Manes were religiosa; those 
consecrated to the Dii Superi were called Sacra. 3 
Even the place in which a slave was buried was 
considered religiosus.* Whoever violated a sepul- 
chre was subject to an action termed sepulcri vio- 
late actio. 5 Those who removed the bodies or bones 
from the sepulchre were punished by death, or de- 
portatio in insulam, according to their rank ; if the 
sepulchre was violated in any other way, they were 
punished by deportatio, or condemnation to the 
mines. 6 The title in the Digest, 7 " De Religiosis et 
Sumtibus Funerum," &c., also contains much curi- 
ous information on the subject, and is well worth 
perusal. 

After the bones had been placed in the urn at the 
funeral, the friends returned home. They then un- 
derwent a farther purification called suffitio, which 
consisted in being sprinkled with water and step- 
ping over a fire. 8 The house itself was also swept 
with a certain kind of broom, which sweeping or 
purification was called exvcrrcc, and the person who 
did it everriator. 9 The Denicales Feria were also 
days set apart for the purification of the family. 10 
The mourning and solemnities connected with the 
dead lasted for nine days after the funeral, at the 
end of which time a sacrifice was performed called 
Novendiale. 11 

A feast was given in honour of the dead, but it is 
uncertain on what day ; it sometimes appears to 

1. (Miiller, Archaeol. der Kunst, I) 431.— Lessing, "Wie die 
Alt.en den Tod gebildet haben ?")— 2. (Mazois, Pomp., i., pi. 29.) 
—3. (Gaius, ii.. 4,6.)— 4. (Dig. 11, tit. 7, s. 2.)— 5. (Dig. 47, tit. 
12— Compare Cic, Tusc, i., 12.— Cic, De Leg., n., 22.)— 6. 
lT>ig. 47, tit. 12, s. 11.)— 7. (11, tit. 7.)— 8. (Festus, s. v. "Aqua 
fit feni.")— 9. (Festus, s. v.)— 10. (Festus, s. v.— Cic, De Leg., 
*., 22.)- -11. (Porphyr. ad Horat., Epod., xvii., 48.) 
462 



have been given at the time of the funeral, some- 
times on the Novendiale, and sometimes later. 
The name of Silicernium was given to this feast, 1 
of which the etymology is unknown. Among the 
tombs at Pompeii there is a funeral triclinium for 
the celebration of these feasts, which is represented 
in the annexed woodcut. 2 It is open to the sky, 
and the walls are ornamented by paintings of ani- 
mals in the centre of compartments, which havo 
borders of flowers. The triclinium is made of stone, 
with a pedestal in the centre to receive the table. 




After the funeral of great men, there was, in ad- 
dition to the feast for the friends of the deceased, a 
distribution of raw meat to the people, called Vis- 
ceratio, 3 and sometimes a public banquet.* Combats 
of gladiators and other games were also frequently 
exhibited in honour of the deceased. Thus, at the 
funeral of P. Licinius Crassus, who had been pon- 
tifex maximus, raw meat was distributed to the 
people, a hundred and twenty gladiators fought, and 
funeral games were celebrated for three days, at 
the end of which a public banquet was given in the 
Forum. 5 Public feasts and funeral games were 
sometimes given on the anniversary of funerals. 
Faustus, the son of Sulla, exhibited in honour of 
his father a show of gladiators several years after 
his death, and gave a feast to the people, according 
to his father's testament. 6 At all banquets in hon- 
our of the dead, the guests were dressed in white. 7 

The Romans, like the Greeks, were accustomed 
to visit the tombs of their relatives at certain peri- 
ods, and to offer to them sacrifices and various gifts, 
which were called Ivferia and Parentalia. The 
Romans appear to have regarded the Manes or de- 
parted souls of their ancestors as gods, whence 
arose the practice of presenting to them oblations, 
which consisted of victims, wine, milk, garlands of 
flowers, and other things. 8 The tombs were some- 
times illuminated on these occasions with lamps. 9 
In the latter end of the month of February there 
was a festival, called Feralia, in which the Romans 
were accustomed to carry food to the sepulchres 
for the use of the dead. 10 

The Romans, like ourselves, were accustomed to 
wear mourning for their deceased friends, which 
appears to have been black, under the Republic, for 
both sexes. Under the Empire, the men continued 
to wear black in mourning, 11 but the women wore 
white. 12 They laid aside all kinds of ornaments, 13 
and did not cut either their hair or beard. 14 Men ap- 
pear to have usually worn their mourning for only a 
few days, 15 but women for a year when they lost a 
husband or parent. 16 

In a public mourning on account of some signal 
calamity, as, for instance, the loss of a battle or the 
death of an emperor, there was a total cessation 
from business, called Justitium, which was usually 
ordained by public appointment. During this period 

1. (Festus, s. v.)— 2. (Mazois, Pomp., i., pl.xx.)— 3. (Liv , viii., 
22.)— 4. (Suet., Jul., 26.) — 5. (Liv., xxxix., 46.) — 6. (Dion 
Cass., xxxvii., 51.— Cic, Pro Sull., 19.)— 7. (Cic, c. Vatin., 13.) 
—8. (Virg., 2En., v., 77.— Id. ib., ix., 215.— Id. ib., x., 519.— 
Tacit., Hist., ii., 95. — Suet., Cal., 15.— Id., Ner., 57— Cic, 
Phil., i., 6.)— 9. (Dig. 40, tit 4, s. 44.)— 10. (Festus, s. v.— 
Varro, De Ling. Lat., vi., 13.— Ovid, Fast., ii., 565-570.— Cic. 
ad Att.,viii., 14.)— 11. (Juv., x., 245.)— 12. (Herodian, iv., 2.)— 
13. (Herodian, 1. c— Terent., Heaut., II., iii., 47.y— 14. (Suet., 
Jul., 67.— Id., Octav., 23.— Id., Cal., 24.)— 15. (Dion Cass., lvi. 
43.)— 16. (Ovid, Fast., iii., 134.— Senec, Einst., 63.— Id.. Coa 
sol. ad Helv. 16 J 



FURTUM. 



FURTUM. 



lie courts of justice did not sit, the shops weie 
shut, and the soldiers freed from military duties. 1 
In a public mourning the senators did not wear the 
latus clavus and their rings, 1 nor the magistrates 
their badges of office. 3 

FURCA, which properly means a fork, was also 
the name of an instrument of punishment. It was 
a piece of wood in the form of the letter A, which 
was placed upon the shoulders of the offender, 
whose hands were tied to it. Slaves were frequent- 
ly punished in this way, and were obliged to carry 
about the furca wherever they went ;* whence the 
appellation of furcifer was applied to a man as a 
term of reproach. 5 The furca was used in the an- 
cient mode of capital punishment among the Ro- 
mans : the criminal was tied to it, and then scourged 
to death. The palibulum was also an instrument 
of punishment, resembling the furca ; it appears to 
have been in the form of the letter II. 7 Both the 
furca and patibulum were also employed as crosses, 
to which criminals appear to have been nailed (in 
furca suspender c s ). 

FURIO'SUS. (Vid. Curator, p. 329.) 

FURNUS. (Vid Fornax, Pistor.) 

FUROR. (Vid. Curator, p. 329.) 

FURTI ACTIO. (Vid. Furtum.) 

FURTUM, " theft," is one of the four kinds of 
delicts which were the foundation of obligations ; 
it is also called, in a sense, " crimen." (Vid. Cri- 
men.) Movable things only could be the objects of 
furtum ; for the fraudulent handling (contrectatio 
fraudulosa) of a thing against the owner's consent 
was furtum, and contrectatio is defined to be " loco 
movere." But a man might commit theft without 
carrying off another person's property. Thus it was 
furtum to use a thing deposited (deposilum). It was 
also furtum to use a thing which had been lent for 
use, in a way different from that which the lender 
had agreed to ; but with this qualification, that the 
borrower must believe that he was doing it against 
Ihe owner's consent, and that the owner would not 
consent to such use if he was aware of it ; for dolus 
malus was an essential ingredient in furtum. Ac- 
cordingly, both dolus malus on the part of the per- 
son charged with furtum, and the want of consent 
on the part of the owner of the thing, were neces- 
sary to constitute furtum. Another requisite of 
furtum 9 is the " lucri faciendi gratia," the intention 
of appropriating another person's property. This 
was otherwise expressed by saying that furtum 
consisted in the intention (furtum ex affeclu consis- 
tit). It was not necessary, in order to constitute 
furtum, that the thief should know whose property 
the thing was. A person who was in the power of 
another, and a wife in manu, might be the objects 
of furtum. A debtor might commit furtum by ta- 
king a thing which he had given as a pledge (pignori) 
to a creditor, or by taking his property when in 
the possession of a bona fide possessor. Thus there 
might be furtum of a thing itself, of the use of it, 
and of the possession. 

A person might commit furtum by aiding in a fur- 
tum, as if a man should jostle you in order to give 
another the opportunity of taking your money ; or 
drive away your sheep or cattle in order that an- 
other might get possession of them : but if it were 
done merely in a sportive way, and not with a view 
of aiding in a theft, it was not furtum, though per- 

1. (Tacit, Ann., i., 16.— Id. ib., ii., 82.— Liv., ix., 7.— Suet., 
Cal., 24.)— 2 (Liv., ix., 7.) — 3. (Tacit., Ann., iii., 4. — Meursius, 
de Funere — Stackelberg, "Die Grftber der Hellenen," Beil., 
1837. — Kirchmann, " De Funeribus Romanis," — Becker, Chari- 
kles, vol. ii., p. 166-210.— Gallus, vol. ii., p. 271-301.)— 4. (Do- 
nat. ad Ter., Andr., III., v., 12. — Plut., Coriol., 24. — Plaut., 
Cas., II., vi., 37.) — 5. (Cic. in Vatin., 6.) — 6. (Liv., i.. 26.— 
Suet., Ner., 49.)— 7. (Plaut., Mil., II., iv., 7.— Id., Mostell., 
I., i., 53.)— 8. (Dig. 48, tit. 13, s. 6 ; tit. 19, s. 28, t> 15 , s. 38. 
^Vtd. Lipsius, De Cruce.)— 9. (Dig 47, tit. 2, s. 1.) 



haps there might be in such case an actio utilia 
under the lex Aquilia, which gave such an action 
even in the ~ase of culpa. (Vid. Damnum.) 

Furtum was either manifestum or nee manifest- 
um. It was clearly manifestum when the person 
was caught in the act ; but in various other casea 
there was a difference of opinion as to whether the 
furtum was manifestum or not. Some were of 
opinion that it was furtum manifestum so long aa 
the thief was engaged in carrying the thing to the 
place to which he designed to carry it ; and others 
maintained that it was furtum manifestum if the 
thief was ever found with the stolen thing in his 
possession. That which was not manifestum was 
ncc manifestum. Furtum conceptum and oblatum 
were not species of theft, but species of action. It 
was called conceptum furtum when a stolen thing 
was sought and found, in the presence of witness 
es, in the possession of a person, who, though he 
might not be the thief, was liable to an action 
called furti concepti. If a man gave you a stolen 
thing, in order that it might be found (conciperetur) 
in your possession rather than his, this was called 
furtum oblatum, and you had an action furti 
oblati against him, even if he was not the thief. 
There was also the action prohibit! furti against 
him who prevented a person from searching for a 
stolen thing (furtum); for the word furtum signifies 
both the act of theft and the thing stolen. 

The punishment for furtum manifestum by the 
law of the Twelve Tables was capitalis, that is, it 
affected the person's caput : a freeman who had 
committed theft was flogged and consigned (addictus) 
to the injured person ; but whether the thief became 
a slave in consequence of this addictio, or an adju- 
dicatus, was a matter in dispute among the ancient 
Romans. The edict subsequently changed the pen- 
alty into an actio quadrupli, both in the case of a 
slave and a freeman. The penalty of the Twelve 
Tables, in the case of a furtum nee manifestum, 
was duplum, and this was retained in the edict : in 
the case of the conceptum and oblatum it was trip- 
lum, and this also was retained in the edict. In the 
case of prohibitum, the penalty was quadruplum, 
according to the provisions of the edict ; for the law 
of the Twelve Tables had affixed no penalty in this 
case, but merely enacted that if a man would search 
for stolen property, he must be naked all but a cloth 
round his middle, and must hold a dish in his hand. 
If he found anything, it was furtum manifestum. 
The absurdity of the law, says Gaius, is apparent r 
for if a man would not let a person search in hiv 
ordinary dress, much less would he allow fcim tc 
search undressed, when the penalty would be si 
much more severe if anything was found. 1 

The actio furti was given to all persons who haV 
an interest in the preservation of the thing stole* 
(cujus interest rem salvam esse), and the owner OL 
a thing, therefore, had not necessarily this action 
A creditor might have this action even against th< 
owner of a thing pledged, if the owner was tho 
thief. A person to whom a thing was delivered 
(bailed) in order to work upon it, as in the case of 
clothes given to a tailor to mend, could bring this 
action, and not the owner, for the owner had an 
action (locati) against the tailor. But if the tailor 
was not a responsible person, the owner had his 
action against the thief, for in such case the owner 
had an interest in the preservation of the thing. 
The rule was the same in a case of commodatum 
(vid. Commodatum) ; but in a case of depositum, 
the depositee was under no obligation for the safe 
custody of the thing (custodiam prcestare), and he 
was under no liability except in the case of dolus ; 

1. (Compare Grimm, Von der Poesie im Recht, Zeitschnft 
ii.,91.) 

463 



FURTUM. 



FUSUS. 



if tnen the deposited thing was stolen, the owner 
alone had the actio furti. 

An impubes might commit theft (obligatur crimine 
furti) if he was bordering on the age of puberty, 
and, consequently, of sufficient capacity to under- 
stand what he was doing. If a person who was in 
the power of another committed furtum, the actio 
furti was against the latter. 

The»right of action died with the offending per- 
son. If a peregrinus committed furtum, he was 
made liable to an action by the fiction of his being 
a Roman citizen ;* and by the same fiction he had 
a right of action if his property was stolen. 

He who took the property of another by force was 
guilty" of theft, inasmuch as he took it against the 
will of the owner ; but in the case of this delict, the 
praetor gave a special action vi bonorum raptorum. 
The origin of the action vi bonorum raptorum is re- 
ferred by Cicero to the time of the civil wars, when 
men had become accustomed to acts of violence 
and to the use of arms against one another. Ac- 
cordingly, the edict was originally directed against 
those who, with bodies of armed men (hominibics 
armatis coactisque), did injury to the property of 
another or carried it off (quid aut rapuerint aut dam- 
ni dedcrmi). With the establishment of order under 
the Empire the prohibition against the use of arms 
was less needed, and the word armatis is not con- 
tained in the edict as cited in the Digest. 2 The 
application of the edict would, however, have still 
been very limited, if it had been confined to cases 
where numbers were engaged in the violence cr 
robbery ; and, accordingly, the jurists discovered 
that the edict, when properly understood, applied 
also to the case of a single person committing dam- 
num or carrying off property. Originally the edict 
comprehended both damnum and bona rapta, and, 
ndeed, damnum effected vi hominibus armatis co- 
actisque was that kind of violence to the repression 
Df which the edict was at first mainly directed. 
Under the Empire the reasons for this part of the 
edict ceased, and thus we see that in Ulpian's time 
the action was simply called " vi bonorum rapto- 
rum." In the Institutes and Code the action applies 
to robbery only, and there is no trace of the other 
part of the edict. This instructive illustration of 
the gradual adaptation, even of the edictal law, to 
circumstances, is given by Savigny, 3 who has also 
given the masterly emendation of Dig. 47, tit. 8, s. 
2, § 7, by Heise. 

Besides the actio furti, the owner of the thing 
nad a personal action for the recovery of the stolen 
thing (rci persecutio) or its value (condictio furtiva) 
against a thief and his heredes, as well as the rei 
vindicatio, the reason of which is given by Gaius.* 
Infamia was a consequence of condemnation in the 
actio furti. 

The strictness of the old law in the case of ac- 
tions of theft was gradually modified, as already 
shown. By the law of the Twelve Tables, if theft 
{furtum) was committed in the night, the thief, if 
caught in the act, might be killed : and he might 
also be killed in the daytime if he was caught in 
the act, and defended himself with any kind of a 
weapon (telum) ; if he did not so defend himself, he 
was whipped, and became addictus if a freeman (as 
above stated) ; and if a slave, he was whipped and 
thrown down a precipice. 

The following are peculiar kinds of actiones furti : 
1. Actio de tigno juncto, against a person who em- 
ployed another person's timber in his building ; 2. 
Actio arborum mrtim caesarum, against a person 
who secretly cut wood on another person's ground ; 

1 (Gaius, iv., 37.)— 2. (47, tit. 8.)— 3. (Zeitschrift, v. " Ue- 
ber Cicero pro Tullio und die Actio vi bonorum raptorum.") — 4. 
0",4.) 

464 



3. Actio furti ad versus nautas et caupcnes, again* 
nautae and caupones (vid. Exercitor), who were li- 
able for the acts of the men in their employment. 

There were two cases in which a bona fide pos- 
sessor of another person's property could not obtain 
the ownership by usucapion ; and one of them wa* 
the case of a res furtiva, which was provided for i» 
the Twelve Tables. 

(Gaius, hi., 183-209.— Gellius, xi., 18.— Dig. 47 
tit. 2. — Inst. 4, tit. 1. — Dirksen, Uebersicht, &c, p 
564-594. — Heinec, Syntag., ed. Haubold. — Rein. ? 
Das Rom. Recht., p. 345. — Rosshirt, Grundlinien, 
&c. — Marezoll, Lehrbuch, &c.) 

FU'SCINA (rpiatva), a Trident ; more commonly 
called tridens, meaning tridens stimulus, because it 
was originally a three-pronged goad, used to incite 
horses to greater swiftness. Neptune was supposed 
to be armed with it when he drove his chariot, and 
it thus became his usual attribute, perhaps with an 
allusion, also, to the use of the same instrument in 
harpooning fish. (See woodcuts, p. 187, 245. ) l 
With it (trijida cuspide 2 ) he was said to have broken 
a passage through the mountains of Thessaly for 
the river Peneus. The trident was also attributed 
to Nereus 3 and to the Tritons.* 

In the contests of gladiators, the Reliarius was 
armed with a trident. 6 

FUSTUA'RIUM (^vIokotvlo) was a capital pun- 
ishment inflicted upon Roman soldiers for deser- 
tion, theft, and similar crimes. It was administer- 
ed in the following manner : When a soldier was 
condemned, the tribune touched him slightly with a 
stick, upon which all the soldiers of the legion fell 
upon him with sticks and stones, and generally kill- 
ed him upon the spot. If, however, he escaped, for 
he was allowed to fly, he could not return to his na- 
tive country, nor did any of his relatives dare to re- 
ceive him into their houses. 6 This punishment 
continued to be inflicted in the later times of lh« 
Republic, 7 and under the Empire. 8 

Different from the fustuarium was the animad- 
versio fustium, which was a corporeal punishment 
inflicted under the emperors upon freemen, but only 
those of the lower orders (tenuiores 9 ). It was a 
less severe punishment than the flogging with fla- 
gella, which punishment was confined to slaves. 18 
(Vid. Flagrum.) 

FUSUS (urpaKTog), the Spindle, was always, 
when in use, accompanied by the distaff (colus, rjla- 
KaTTj), as an indispensable part of the same appa- 
ratus. 11 The wool, flax, or other material having 
been prepared for spinning, and having sometimes 
been dyed (lodvetyec elpoc exovoa 1 *), was rolled into a 
ball (roXv7Z7j, glomus 13 ), which was, however, suffi- 
ciently loose to allow the fibres to be easily drawn 
out by the hand of the spinner. The upper part of 
the distaff w r as then inserted into this mass of flax 
or wool (colus comta 1 *), and the lower part was held 
under the left arm in such a position as was most 
convenient for conducting the operation. The fibres 
were drawn out, and, at the same time, spirally 
twisted, chiefly by the use of the fore finger and 
thumb of the right hand (daKTvXoic eliaoe ; 15 pollice 
docto 16 ) ; and the thread (filum, stamen, vfi\ia) so pro- 
duced was wound upon the spindle until the quan 
tity was as great as it would carry. 



1. (Horn., II., xii., 27.— Od., iv., 506. — lb., v., 292. —Virg., 
Georg., i., 13. — Id., ^En., i., 138, 145.— lb., ii., 610. — Cic, De 
Nat. Deor., i., 36.— Philostr., Imag., ii., 14.) — 2. (Claud., De 
Rap. Pros., ii., 179.)— 3. (Virg., ^En., ii., 418.)— 4. (Accius, ap. 
Cic, De Nat. Deor., ii., 35.— Mart., i., 26, 3.)— 5. (Jnv., ii., 148. 
—lb., viii., 203.— Vid. Gladiator.)— 6. (Polyb., vi., 37.— Com- 
pare Liv., v., 6.) — 7. (Cic, Phil., iii., 6.) — 8. (Tacit., Ann., iii., 
21.)— 9. (Dig. 48, tit. 19, s. 28, $ 2.)— 10. (Dig. 48, tit. 19, s. 10., 
47, tit. 10, s. 45.)— 11. (Ovid, Met., iv., 220-229.) — 12. (Horn., 
Od., iv., 135.)— 13. (Hor., Epist., i, 13, 14.— Ovid, Met.,vi., 19.) 
—14. (Plin., H. N., viii., 74.)— 15. (Eurip., Orest., 1414.) — 16- 
(Claud., De Prob. Cons., 177.) 



FUSUS. 



GALE. 



The spindle was a stick ten or twelve inches 
long, having at the top a slit or catch (dens, uynio- 
rpov), in which the thread was fixed, so that the 
weight of the spindle might continually carry down 
the thread as it was formed. Its lower extremity 
was inserted into a small wheel, called the whorl 
[vorticcllum), made of wood, stone, or metal (see 
woodcut), the use of which was to keep the spindle 
more steady, and to promote its rotation : for the 
spinner, who was commonly a female, every now 
and then twirled round the spindle with her right 
I hand, 1 so as to twist the thread still more complete- 
ly ; and whenever, by its continual prolongation, it 
let dowr. the spindle to the ground, she took it out 
of the sl.t, wound it upon the spindle, and, having 
replaced it in the slit, drew out and twisted another 
length. All these circumstances are mentioned in 
detail by Catullus. 2 The accompanying woodcut is 
taken from a series of bas-reliefs representing the 
arts of Minerva upon a frieze of the Forum Palladium 
at Rome. It shows the operation of spinning at 
the moment when the woman has drawn out a suf- 
ficient length of yarn to twist it by whirling the 
spindle with her right thumb and fore finger, and 
previously to the act of taking it out of the slit to 
wind it upon the bobbin (nfjviov) already formed. 




The distaff was about three times the length of 
he spindle, strong and thick in proportion, com- 
.nonly either a stick or a reed, with an expansion 
near the top for holding the ball. It was sometimes 
of richer materials, and ornamented. Theocritus 
has left a poem 3 written on sending an ivory distaff 
to the wife of a friend. Golden spindles were sent 
as presents to ladies of high rank ;* and a golden 
distaff is attributed by Homer and Pindar to god- 
desses, and other females of remarkable dignity, who 
are called xp^ovXaKarot. 

It was usual to have a basket to hold the distaff 
and spindle, with the balls of wool prepared for 
spinning, and the bobbins already spun. 6 (Vid. Ca- 

LATHUS.) 

In the rural districts of Italy, women were forbid- 
den to spin when they were travelling on foot, the 
act being considered of evil omen. 6 The distaff 
and spindle, with the wool and thread upon them, 
were carried in bridal processions ; and, without the 
wool and thread, they were often suspended by fe- 
males as offerings of religious gratitude, especially 
in okT age, or on relinquishing the constant use of 
them. 7 (Vid. Donaria, p. 376.) They were most 
frequently dedicated to Pallas, the patroness of 
spinning, and of the arts connected with it. This 
goddess was herself rudely sculptured with a distaff 
and spindle in the Trojan Palladium. 8 They were 

1. (Herod., v., 12.— Ovid, Met., vi., 22.)— 2. (lxiv., 305-319 ) 
-3. (Idyll., xxviii.) — 4. (Homer, Od., iv., 131. —Herod., iv., 
162.)— 5. (Brunck, Anal., ii., 12. — Ovid, Met., iv., 10.)— 6. 
(Plin., H. N., xxviii., 5 ) —7. (Plin., H. N., viii., 74.)— 8. (Apol- 
iod.. in., 12, 3.) 



also exhibited in the representations of the three 
Fates, who were conceived, by their spinning, to 
determine the life of every man ; and, at the same 
time, by singing, as females usually did while they 
sat together at their work, to predict his future lot. 1 

G. 

GABINUS CINCTUS. {Vid. Toga.) . 
GjESUM (yatoog), a term probably of Celtic ori- 
gin, denoting a kind of javelin which was used by 
the Gauls wherever their ramifications extended • 
Hody, in order to prove the comparatively late date 
of the Septuagint version of the book of Joshua, in 
which this word occurs, 3 has proved that it was not 
known to the Romans, Greeks, or Egyptians until 
some time after the death of Ptolemaeus Lagi.* It 
was a heavy weapon, 5 the shaft being as thick as a 
man could grasp, and the iron head barbed, and of 
an extraordinary length compared with the snaft." 
The Romans adopted the use of the gaesum from 
the Iberians. 7 

*GAGA'TES LAPIS (yaydrne Woe), a species 
of Fossil, supposed to have been the same with 
the modern Jet. This last is si ill even called Gaga- 
tes by some mineralogists, a name derived from the 
river Gagas, in Lycia, about whose mouth this min- 
eral was found. 8 " The Gagate," says Adams, " is 
a fossil bituminous substance, containing carbon and 
ethereal oil. Without doubt it is jet, which, in the 
systems of modern mineralogists, is held to be a 
variety of lignite. The Gagate is called 'Black 
Amber' by Pliny ; and, in fact, it is nearly allied to 
amber ; for, when rubbed for some time, it becomes 
electric like amber." 9 

GAIUS. (Vid. Institutiones.) 

*GALACTI'TES LAPIS (yalaKrirr/c Woe), 
stone of an ashen colour, according to Dioscorides 
sweet taste, and yielding a milky juice when tritura- 
ted. Pliny makes it to have been of a milky col- 
our, and to have been brought from the vicinity of 
the Nile. 10 (Vid. Galaxias.) 

*GALAX'IAS LAPIS (yala&ac), a slnne of an 
ashen colour, intersected sometimes with white and 
red veins. " It may be gathered from Dioscorides 
and Pliny," observes Dr. Moore, 11 " with the authors 
cited in the notes of Hardouin, that galaxias, galacti- 
tes, morochthus, maroxus, morochites, leucogaea, 
leucographia, leucographis, and synophites, differed 
in little except name, or were, in fact, varieties of the 
same substance, which came either from the Nile 
or the Acheloiis ; was ash-coloured, or greenish, or 
leek-coloured, sometimes with red and white veins ; 
was readily soluble ; and when rubbed on stone or 
a rough garment, left a white mark ; besides which, 
when dissolved, or when triturated in water, it ap- 
pears to have resembled milk in colour and in taste. 
Now minerals that answer the above description 
tolerably well are Spanish chalk and certain other 
varieties of steatite, which are found of the col- 
ours indicated ; maybe mixed with, and suspended 
in, water, so as to give it a milky appearance, and 
a smooth, sweetish taste ; and which, moreover, 
make a white mark when rubbed upon stone or 
cloth." 

•II., a name given by Galen to the Lamprey, ac- 
cording to Artedi. 13 

*GALBANUM. (Vid. Chalbane.) 

*GALE (yalrj), commonly thought to have been 
the Mustela vulgaris, or Weasel. There are, how- 



1. (Catull., 1. c.)— 2. (Virg., JEn., viii., 662.— Caes., Bell. 
Gall., iii., 4.)— 3. (ch. viii., v. 18.)— 4. (De EibJ. Text., ii., 8.)— 
5. (Festus, s. v. Gaesum.)— 6. (Polyb., vi., 21.)— 7. (Athen., vi H 
106.)— 8. (Plin., H. N., xxxvi., 34.— Moore's Anc. Mineralogy, p. 
107.)— 9. (Adams, Append., s. v.)— 10. (Moore's Anc. Min., p. 
100.)— 11. (Anc. Min., p. 101.— Dioscor., v., 152.— Plin., H. N 
xxxvii., 59.)—12. (Adams, Append., s. v.) 

465 



GALEA. 



GALLI. 



ever, according to Adams, objections to this opin- 
ion. The Putorius, or Foumart, is noticed by Isi- 
dorus, but no mention of it occurs in the works 
of the Greek authors now extant. 1 

GA'LEA (Kpdvoc, poet. Kopvg, nr/lrj^), a Helmet, 
a Casque. The helmet was originally made of skin 
or leather, whence is supposed to have arisen its 
appellation kvvetj, meaning properly a helmet of dog- 
skin, but applied to caps or helmets made of the 
hide of other animals (ravpecr], under},* alyecT}, 3 ga- 
lea lupina% and even to those which were entirely 
of bronze or iron (Trdyxalnoc 5 )- The leathern basis 
of the helmet was also very commonly strengthened 
and adorned by the addition of either bronze or 
gold, which is expressed by such epithets as x a ^- 
hrjprjc, evxa^Koc, xP vc ^ i7 l- Helmets which had a 
metallic basis (Kpdvrj ^a/Ua 6 ) were in Latin proper- 
ly called cassides, 7 although the terms galea and cas- 
sis are often confounded. A casque (cassis) found 
at Pompeii is preserved in the collection at Good- 
rich Court, Herefordshire. 8 The perforations for 
the lining and exterior border are visible along its 
edge. A side and a front view of it are presented 
• the annexed woodcut. 






Two casques very like this were fished up from the 
bed of the Alpheus, near Olympia, and are in the 
possession of Mr. Hamilton. 9 Among the mate- 
rials used for the lining of helmets were felt (mXoc u: ) 
and sponge. 11 

The helmet, especially that of skin or leather, 
was sometimes a mere cap conformed to the shape 
of the head, without either crest or any other orna- 
ment (a(j)aX6v te mi akoyov 1 *). In this state it was 
probably used in hunting {galea venatoria 13 ), and was 
called Karairv^, 1 * in Latin Cudo. The preceding 
woodcut shows an example of it as worn by Dio- 
mede in a small Greek bronze, which is also in the 
collection at Goodrich Court. 15 The additions by 
which the external appearance of the helmet was 
varied, and which served both for ornament and 
protection, were the following : 

1. Bosses or plates, proceeding either from the 
top (0aAof 16 ) or the sides, and varying in number 
from one to four (dptytyaloc, di<j>d?ioc, 17 TerpdQaloc 18 ). 
The <pdloc was often an emblematical figure, refer- 
ring to the character of the wearer. Thus, in the 
colossal statue of Minerva in the Parthenon at Ath- 
ens, she bore a sphinx on the top of her helmet, 
and a griffon on each side. 19 

2. The helmet thus adorned was very commonly 
surmounted by the crest (crista, lofyoc™), which was 
often of horsehair (iTnrovpic 'nnrodaaeia ; ai 16<j>uv ed- 
etpai ; 22 hirsuta juba* 3 ), and made so as to look impo- 
sing and terrible, 94 as well as handsome 25 (evloyoc™). 
In the Roman army the crest served not only for 
ornament, but also to distinguish the different cen- 
turions, each of whom wore a casque of a peculiar 
form and appearance. 97 

1. (Adams, Append., s. v. — Sprengel ad Dioscor., ii., 28.) — 2. 
(Horn., II., x., 258, 335.)— 3. (Od., xxiv., 230.— Herod., vii., 77. 
— Compare Kpdvrj oKVTiva : Xen., Anab., v., 4, 13.) — 4. (Propert., 
iv., 11, 19.)— 5. (Od., xviii., 377.)— 6. (Xen., Anab., i., 2, 16.)— 
7 (lsid., Orig., xviii., 14. — Tacit., Germ., 6.— Caesar, B. G., iii., 
45.)— 8. (Skelton, Engraved Illust., i., pi. 44.)— 9. (Dodwell, 
T;nr, ii., p. 330.)— 10. (Horn., II., x., 265.)— 11. (Aristot., H. 
A., v., 16.)— 12. (II., x., 258.)— 13. (C. Nep., Dat., iii., 2.) —14. 
(Horn., 11., 1. c.)— 15. (Skelton, 1. c.)— 16. (Horn., II., iii., 362.) 
—17. (Horn., II., v., 743.— Id. ib., xi., 41.— Eustath., ad loc.)— 
18. (II., xii., 384.)— 19. (Paus., i., 24, 5.)— 20. (Horn., II., xxii., 
316.)— 21. (Horn., II., 11. cc.)— 22. (Theocr., xxii., 186.)— 23. 
(Propert., iv., 11. 19.)— 24. (Horn., II., iii., 337.— Virg., 2En., viii., 
820.)— 25. (Ib.,ix., 365 )— 26. (Heliod., ^Eth.,vii.)— 27. (Veget., 
ii. t 13.) 

4fr3 



3. The two cheek-pieces (bucculct, 1 Kc^ayvaffU 
dec 2 ), which were attached to the helmet by hinges, 
so as to be lifted up and down. They had buttons 
or ties at their extremities for fastening the hel- 
met on the head. 3 

4. The beaver or visor, a peculiar form of which 
is supposed to have been the avium? rpv^dleta, i. 
e., the perforated beaver. 4 The gladiators wore 
helmets of this kind, 5 and specimens of them, not 
unlike those worn in the Middle Ages, have been 
found at Pompeii. 

Woodcuts illustrative of these four classes of ad- 
ditions to the simple cap or morion occur at p. 26, 
27. 94, 95, 133, 268, 332, 381, 429. The five follow- 
ing helmets, more highly ornamented, are selected 
from antique gems, and are engraved of the size of 
the originals. 




*TAAE02 A2THPIA2 (yalebc darrtplac), a spe- 
cies of Fish, either a variety of the Squalus Muste- 
lus, or else the Spotted Dog-fish, Squalus Canicu- 
la* 

*TAAE02 KTQN (yalsbg kvuv), the Squalus Ga- 
leus, L., or Tope It is a very voracious species 
of Shark, and its flesh has an offensive smell. 7 

*TAAE02 AEI02 (yalebc leloc), a species of 
Fish, the Squalus Mustelus, L., or Smooth Hound, oi 
Smooth Shark of Pennant. Mustelus is the Latin 
translation of yalebc, and generic for the Squali. 

*rAAE02 P0AI02 (yalebc Todtoc), a variety o* 
the Accipenser Stuno, or Sturgeon. 9 

GALERUS. (Vid. Coma, p. 293.) 

*GALIOPSIS (yaliofic), a plant, of which the 
following description is given by Dioscorides : l 
" The whole plant, with its stem and leaves, resem- 
bles the nettle ; but its leaves are smoother, and 
considerably fetid when rubbed ; its flowers are 
small and purplish." " It is difficult to say," re- 
marks Adams, "whether this description applies 
better to the Galiopsis Tetrahit (common Hemp-net- 
tle), or to the Lamium purpureum (Red Dead-nettle). 
Bauhin prefers the latter ; and, indeed, I am not 
aware that any of the commentators acknowledge 
it as the former, although it appears to me not in- 
applicable. Sibthorp, however, has fixed on a plant 
different from either, namely, the Scrofularia pcre- 
grina, or Nettle-leaved Figwort. I am wholly un- 
acquainted with it." 11 

*GALIQM (ydliov), the Galium Verum, or Yellow 
Bedstraw. The Greek name is derived from ydla, 
" milk," because the plant was used instead of run- 
net to curdle milk. Sibthorp found it in Samos 
and in the Peloponnesus. The Galium Verrucosum 
is the diraptvrj of Dioscorides. 13 

GALLI was the name of the priests of Cybele, 
whose worship was introdu ced at Rome from Phrygia 

1. (Juv., x., 134.)— 2. (Eus'ath. in II., v., 743.)— 3. (Val. 
Flacc, vi., 626.)— 4. (Horn., il., xi., 353. — Hase, Life of Anc 
Greeks, ch. v.) — 5. (Juv., viii., 203.)— 6. (Aristot., H. A., v., 
10. — Id. ib., vii., 11. — Adams, Append., s. v.) — 7. (Aristot., H 
A., vi., 11. — Plin., H. N., ix., 46. — Adams, Append., s. v.) — 8 
(Aristot., H. A., vi., 18. — Adams, Append., s. v.) — 9- <Adams, 
Append., s. v.)— 1Q (iv . 93.^—11. (Adams, Append , < «r*--12 
(Dioscor., iv., 94. — Adams, Append., s. v.) 



GALLUS. 



GALLUS 



(B.C. 204 1 ). The Galli were, according to an an- 
cient custom, always castrated (spadones, semimares, 
semiviri, nee viri nee famines), and it would seem 
that, impelled hy religious fanaticism, they perform- 
ed this operation on themselves. 2 In their wild, 
enthusiastic, and boisterous rites, they resembled 
the Corybantes, 3 and even went farther, inasmuch 
as in their fury they mutilated their own bodies.* 
They seem to have been always chosen from a poor 
and despised class of people ; for, while no other 
priests were allowed to beg, the Galli (famuli Idcece 
matris) were allowed to do so on certain days. 5 
The chief priest among them was called archigal- 
Ius. 6 The origin of the name of Galli is uncertain : 
according to Festus, 7 Ovid, 8 and others, it was de- 
rived from the river Gallus in Phrygia, which flow- 
ed near the temple of Cybele, and the water of 
which was fabled to put those persons who drank 
of it into such a state of madness that they castra- 
ted themselves. 9 The supposition of Hieronymus 10 
that Galli was the name of the Gauls, which had 
been given to these priests by the Romans in order 
to show their contempt of that nation, is unfound- 
ed, as the Romans must have received the name 
from Asia or from the Greeks, by whom, as Sui- 
das 11 informs us, Gallus was used as a common 
noun for eunuch. There exists a verb gallare, 
which signifies to rage (insanire, bacchari), and 
which occurs in one of the fragments of Varro 12 and 
in the Antholog. Lat., torn, i., p. 34, ed. Burmann. 

*GALLUS (aXenrup or dXeKrpvcov), the Cock. 
11 There are few facts in natural history," observes 
Griffith, " so difficult to determine with precision as 
to point out the places which the species of our 
common cock inhabited at first in its state of free- 
dom and independence. Our common cock, ac- 
cording to M. Temminck, seems to have originated 
from the Jago Cock (Gallus Giganteus), a very large 
wild species, which inhabits the island of Sumatra, 
and from the species Bankiva, another primitive 
cock, found in the forests of Java. If, as there is 
every reason for believing, the temperate climes of 
Asia and the countries of Europe did not in ancient 
times possess the cock in a wild state, we must as- 
cend to the earliest epoch of navigation, and pre- 
sume the domestication of this useful bird to date 
from those remote periods. Under the reign of that 
great prince, who ruled with so much glory over the 
tribes of Israel, the peacock constituted an acquisi- 
tion worthy of being enumerated in the list of riches 
imported into Judaea by his adventurous fleets. As 
this discovery of the peacock was made in the time 
of Solomon, it cannot be deemed very extraordinary 
that the cock, which inhabits the same countries as 
that bird, should about the same time have attract- 
ed the attention of the Hebrews. Be this as it 
may, it is quite certain that the cock, as well as the 
peacock, has been transported by man into the dif- 
feient countries in which these species exist at the 
present day in a state of domestication." — Mention 
is made of the crowing of the cock in the Barpaxo- 
pvofiaxta of Homer. On the supposition, therefore, 
that the poem is genuine, this would be the first no- 
tice of the domestic fowl occurring in the Greek 
writers. As, however, all the other early poets are 
silent in relation to this bird, Knight founds on this 
circumstance an argument against the authenticity 
of the poem in question. He admits, however, at 
the same time, that a representation of the cock ap- 

1. (Liv., xxix., 10, 14. — Id., xxxvi., 36.) —2. (Juv., vi., 512, 
Ac. — Ovid, Fasti, iv., 237. — Martial, iii., 81. — Id., xi., 74.— 
Plin., II. N., xi., 49.) — 3. (Lucan, i., 565, &c. — Compare Hila- 
RIA.) — 4. (Propert., ii., 18, 15. )— 5. (Cic, De Leg., ii., 9 and 
16.)— 6. (Servius ad JEn., ix., 116.)— 7. (s. v.) — 8. (Fast., iv., 
363.) —9. (Compare Plin., H. N., v., 32.— Id. ib., xi., 40. — Id. 
ib., xx» i., 2.— Herodian., i., 11.) — 10. (Cap. Oseae, 4.) — 11. (8. 
v )— 12 (p. 273. ed. Bip.) 



pears on the silver coins of the people Oi Samo. 
thrace and Himera at least six centuries before the 
Christian era. Athenaeus cites a passage from s 
Greek writer named Menodotus, in which the cock 
is spoken of as a native of Persia ; and in another 
part of his work he quotes from Cratinus, who calls 
the cock a Persian bird. Aristophanes also styles 
the domestic fowl a bird of Persian origin in his 
comedy of the Aves. Beck, however, in his com 
mentary on Aristophanes, thinks that the cock was 
called Persian from the resemblance of its comb to 
the Persian covering for the head ; but the passage 
cited by Athenaeus from Menodotus assigns a much 
more probable reason. — Cock-fighting became in 
time a favourite amusement among the Greeks. 
Pliny says that battles of this kind were annually ex- 
hibited at Pergamus, in the same manner as com- 
bats of gladiators. Cock-fights were also repre- 
sented by the Greeks on coins and cut stones. 
Various means were also employed to increase the 
irritability and courage of these birds. Dioscorides 
and Pliny speak of a plant named adiantum having 
been used for this purpose. Garlic was also given, 
as we are told by Xenophon. — The following singu- 
lar description of the cock is given by Pliny : " Af- 
ter the peacock, the birds which are most sensible 
to glory are those active sentinels which Nature 
has furnished to arouse us from our matin slum 
bers, and send us to our daily occupations. They 
are acquainted with the stars, and every three hours 
they indicate by their crowing the different periods 
of the day. They retire to repose with the setting 
sun, and from the fourth military watch they recall 
us loudly to our cares and labours. They do not 
suffer the daybeam to surprise us without timely 
warning. Their crowing announces the hour of 
morning ; and the crowing itself is announced by 
the clapping of their wings. Each farmyard ha? 
its peculiar king ; and among these monarchs, as 
among princes of our own race, empire is the meed 
of victory. They appear to comprehend the design 
of those weapons with which their feet are armed. 
It is not uncommon for two rivals to perish in 
the combat. If one be conqueror, he immediately 
sings forth his triumph and proclaims his suprema- 
cy : the other retreats and disappears, ashamed of 
his defeat. The gait of the cock is proud and com- 
manding ; he w 7 alks with head erect and elevated 
crest. Alone of all birds, he habitually looks up to 
the sky, raising at the same time his curved and 
scythe-formed tail, and inspiring terror in the lion 
himself, that most intrepid of animals. Some of 
these birds seem actually born for nothing but war- 
fare and battles ; some have rendered the countries 
which produced them famous, such as Rhodes and 
Tanagra. The second rank is assigned to those 
from Melos and Chalcis — birds truly worthy of the 
homage they receive from the Roman purple ! 
Their repasts are solemn presages ; they regulate 
daily the conduct of our magistrates, and open or 
close to them their dwellings. They prescribe re 
pose or movement to the Roman fasces ; they com- 
mand or prohibit battles ; they have announced all 
the victories gained throughout the universe ; in a 
word, they lord it over the masters of the world. 
Their very entrails and fibres are not less agreeable 
to the gods than the richest victims Their pro- 
longed notes in the evening, and at extraordinary 
hours, constitute presages. By crowing all night 
long, they announced to the Boeotians a celebrated 
victory over the Lacedaemonians : thus did the di- 
viners interpret it, because this bird never crows 
when he is conquered." 1 — The cock was sacred to 
Mars, on account of its courageous spirit and pug- 



1 l Griffith's Cuvier, vol viii , p 170, <fcc.) 

467 



GENISTA. 



GENS. 



liaeious habits ; and also to JEsculapius, to Night, 
ami to the Lares. It was sacred to these last on 
account of its vigilant qualities. — It remains but to 
add, that the aXetcrpvuv 'lvdinoc of j^Elian would ap- 
pear to have been some one of the larger Gallinaceae 
of India, and not the Turkey, or Meleagris Galliparo, 
although, as Adams remarks, Barrington and others 
contend that it was known in Africa and India be- 
fore the discovery of America. 1 

GAMETJA (yaunlia). The demes and phratries 
of Attica possessed various means to prevent in- 
truders from assuming the rights of citizens. ( Vid. 
Diapsephisis.) Among other regulations, it was 
ordained that every bride, previous to her marriage, 
should be introduced by her parents or guardians to 
the phratria of her husband (ya/xnXlav virep yvvaiKoc 
dafyipeiv 2 ). This introduction of the young women 
was accompanied by presents to their new phra- 
tores, which were called yafinXia. 3 The women 
were enrolled in the lists of the phratries, and this 
enrolment was also called ya/xnMa. The presents 
seem to have consisted in a feast given to the 
phratores, and the phratores, in return, made some 
offerings to the gods on behalf of the young bride.* 
The acceptance of the presents, and the permission 
to enrol the bride in the registers of the phratria, 
was equivalent to a declaration that she was con- 
sidered a true citizen, and that, consequently, her 
children would have legitimate claims to 'all the 
rights and privileges of citizens. 5 

TafxrjXia was also the name of a sacrifice offered 
to Athena on the day previous to the marriage of a 
girl. She was taken by her parents to the temple 
of the goddess in the Acropolis, where the offerings 
were made on her behalf. 6 

The plural, yaunHat, was used to express wed- 
ding solemnities in general. 7 

GAMOS. (Vid. Marriage, Greek.) 

GAUSAPA, GAUSAPE, or GAUSAPUM, a kind 
of thick cloth, which was on one side very woolly, 
an d was used to cover tables, 8 beds, 9 and by persons to 
wrap themselves up after taking a bath, 10 or in gen- 
eral to protect themselves against rain and cold. 11 
It was worn by men as well as women." It came 
in use among the Romans about the time of Augus- 
tus, 13 and the wealthier Romans had it made of the 
finest wool, and mostly of a purple colour. The 
gausapum seems, however, sometimes to have been 
made of linen, but its peculiarity of having one side 
more woolly than the other always remained the 
same. 1 * As Martial 15 calls it gausapa quadrata, we 
have reason to suppose that, like the Scotch plaid, 
it was always, for whatever purpose it might be 
used, a square or oblong piece of cloth. 16 

The word gausapa is also sometimes used to 
designate a thick wig, such as was made of the 
hair of Germans, and worn by the fashionable peo- 
ple at Rome in the time of the emperors. 17 Persius 18 
also applies the word in a figurative sense to a thick 
and full beard. 

GENESIA. (Vid. Funus, p. 458.) 

♦GENISTA, Spanish Broom, or Spartium junce- 
tm, L. It grows abundantly in most parts of Italy, 
and the peasants weave baskets of* its slender 
branches. The flowers are very sweet, last long, 
and are agreeable to bees. Pliny says it was used 
in dyeing, but he means the Genista tinctoria, called 

1. (Adams, Append., s. v. aXiicTwp.) — 2. (Isaeus, De Pyrrh. 
haercd., p. 62, 65, &c. — Id., De Ciron. haered., p. 208. — De- 
mosth., c. Eubul., p. 1312 and 1320.)— 3. (Suidas, s. v.— Schol. 
ad Dera , c. Eubul., p. 1312.)— 4. (Pollux, Onom., iii., 3. — Id. 
ib., viii., 9, 28.) — 5. (Herm., Polit. Antiq., t> 100, n. 1.) — 6. 
(Suidas, s. v. UporiXeia.)— 7. (Lycophron ap. Etym. M., s. v.) 
—8. (Horat., Sat., II., 11. — Lucil. ap. Priscian., ix., 870.) — 9. 
(Mart., xiv., 147.)— 10. (Petron., 28.)— 11. (Seneca, Epist., 53.) 
12. (Ovid, A. A., ii., 300.)— 13. (Plin., H. N., viii., 48.)— 14. 
(Mart., xiv., 138.)— 15. (xiv., 152.)— 16. (Vid. Bottiger, Sabina, 
ii., p. 102.)— 17. (Pers., Sat., vi., 46.)— 18. (Sat., iv., 38.) 
468 



by some Wood -wax and Green -weed. Martyn 
thinks that the Spanish Broom might be used for 
the same purpose. 1 

GENS. This word contains the same element 
as the Latin gen,us and gi,gn,o, and as the Greek 
yev y oc, yi-yv-ouai, &c., and it primarily signifies kin. 
But the word has numerous significations, which 
have either a very remote connexion with this its 
primary notion, or perhaps none at all. 

Gens sometimes signifies a whole political com- 
munity, as Gens Latinorum, Gens Campanorum, 
&c. ; though it is probable that in, this application 
of the term, the notion of a distinction of race 01 
stock is implied, or at least the notion of a totality 
of persons distinguished from other totalities by 
intermarriage and increase of their numbers among 
themselves only. Cicero 2 speaks of " Gentes uni- 
verses in civitatem receptee, ut Sabinorum, Volscorum, 
Hernicorum." It is a consequence of such meaning 
of gens, rather than an independent meaning, that 
the word is sometimes used to express a people 
with reference to their territorial limits. 

The meaning of the word in the expression jus 
gentium is explained under Jus. 

The words Gens and Gentiles have a special 
meaning in the system of the Roman law and in the 
Roman constitution. Cicero 3 has preserved a defi- 
nition of gentiles which was given by Scseyola the 
pontifex, and which, with reference to the time, 
must be considered complete. Those were gentiles, 
according to Scsevola, (1) who bore the same name, 
(2) who were born of freemen (ingenui), (3) none 
of whose ancestors had been a slave, and, (4) who 
had suffered no capitis diminutio. This definition 
contains nothing which shows a common bond of 
union among gentiles, except the possession of a 
common name ; but those who had a common name 
were not gentiles, if the three other conditions con- 
tained in this definition were not applicable to them. 
There is also a definition of gentilis by Festus : 
" That is called Gens ^Elia which is composed 
(conficitur) of many familiae. Gentilis is both one 
who is of the same stock (genus) and one who is 
called by the same name (simili nomine), as Cincius 
says, those are my gentiles who are called by my 
name." " Gentilis dicitur ct ex eodem genere ortus, 
et is qui simili nomine appellatur.^ The second et 
is sometimes read ut, which is manifestly not the 
right reading, as the context shows. Besides, if 
the words "ut is qui simili nomine appellatur" are 
to be taken as an illustration of "ex eodem genere 
ortus," as they must be if ut is the true reading, 
then the notion of a common name is viewed as of 
necessity being contained in the notion of common 
kin, whereas there may be common kin without 
common name, and common name without common 
kin. Thus neither does common name include all 
common kin, nor does common kin include all com- 
mon name, yet each includes something that the 
other includes. 

We cannot conclude anything more from the con- 
ficitur of Festus than that a gens contained several 
familiae, or that several familias were comprehended 
under one gens. According to the definition, per- 
sons of the same genus (kin) were gentiles, and also 
persons of the same name were gentiles. If Festus 
meant to say that all persons of the same genus 
and all persons of the same name were gentiles, his 
statement is inconsistent with the definition of the 
pontifex ; for persons might be of the same genus, 
and might have sustained a capitis diminutio either 
by adoption, or adrogation, or by emancipation : in 
all these cases the genus would remain, for the nat- 
ural relationship was not affected by any change in 

1. (Plin., H. N., xuriii., 5— Virg., Georg., ii., 12.— Martyn 
ad loc.)— 2. (Pro Ba'Jjo, c. 13.)— 3. (Top., 6.) 



GENS. 



tiENS. 



me juristical status of a person : in the cases of 
adoption and adrogation the name would be lost, in 
the case of emancipation it would be retained. If 
the definition of Festus means that among those of 
the same genus there may be gentiles, and among 
those of the same name gentiles may also be in- 
cluded, his definition is true ; but neither part of 
the definition is absolutely true, nor, if both parts 
are taken together, is the whole definition absolute- 
ly true. It seems as if the definition of gentiles 
was a matter of some difficulty ; for while the pos- 
session of a common name was the simplest gen- 
eral characteristic of gentilitas, there were other 
conditions which were equally essential. 

The name of the gens was always characterized 
by the termination ia, as Julia, Cornelia, Valeria. 

When a man died intestate and without agnati, 
his familia (vid. Familia), by the law of the Twelve 
Tables, came to the gentiles ; and in the case of a 
lunatic (furiosus) who had no guardians, the guard- 
ianship of the lunatic and his property belonged to 
the agnati and to the gentiles ; to the latter, we 
may presume, in case the former did not exist. 

Accordingly, one part of the jus gentilitium or jus 
gentilitatis related to successions to the property 
of intestates who had no agnati. A notable exam- 
ple of a dispute on this subject between the Claudii 
and Marcelli is mentioned in a difficult passage of 
Cicero. 1 The Marcelli claimed the inheritance of 
an intestate son of one of the liberti or freedmen of 
their familia (stirpe) ; the Claudii claimed the same 
by the gentile rights {genie). The Marcelli were 
plebeians, and belonged to the patrician Claudian 
gens. Niebuhr observes that this claim of the 
Claudii is inconsistent with Cicero's definition, ac- 
cording to which no descendant of a freedman could 
be a gentilis ; and he concludes that Cicero (that is, 
Scaevola) must have been mistaken in this part of 
his definition. But it must be observed, though the 
descendants of freedmen might have no claim as 
gentiles, the members of a gens might, as such, have 
claims against them ; and in this sense the descend- 
ants of freedmen might be gentiles. It would 
seem as if the Marcelli united to defend their sup- 
posed patronal rights to the inheritance of the sons 
of freedmen against the claims of the gens ; for the 
law of the Twelve Tables gave the inheritance of a 
freedman only, who died intestate and without 
hens, to his patron, and not the inheritance of the 
son of a freedman. The question might be this : 
whether the law, in the case supposed, gave the 
hereditas to the gens as having a right paramount 
to the patronal right. It may be that the Marcelli 
as being included in the Claudia gens, were sup- 
posed to have merged their patronal rights (if they 
really existed in the case in dispute) in those of the 
gens. Whether, as members of the gens, the ple- 
beian Marcelli would take as gentiles what they lost 
as patroni, may be doubted. 

It is generally said or supposed that the hereditas 
which came to a gens was divided among the gen- 
tiles, which must mean the heads of familiae. This 
may be so ; at least, we must conceive that the 
hereditas, at one period at least, must have been a 
benefit to the members of the gens : Caesar is said 2 
to have been deprived of his gentilitiae hereditates. 
In determining that the property of intestates 
should ultimately belong to the gens, the law of the 
Twelve Tables was only providing for a case which, 
in every civilized country, is provided for by posi- 
tive law ; that is, the right to the property of a per- 
ron who dies without having disposed of it, or leaving 
those whom the law recognises as entitled to it. 
The gens had thus a relation to the gentiles sim- 
ilar to that wh ich subsists in modern states between 

1. (Be Orat., i.. 39.)— 2. (Sueton., Jul., 1.) 



the sovereign power and persons dying intestate? 
and without heirs or next of kin. The mode in 
which such a succession was applied by the gens 
was probably not determined by law ; and as the 
gens was a kind of juristical person, analogous tc 
the community of a civitas, it seems not unliKely 
that originally inheritances accrued to the gens as 
such, and were common property. The gens must 
have had some common property, such as sacella, 
&c. It would be no difficult transition to imagine, 
that what originally belonged to the gens as such, 
was in the course of time distributed among the 
members, which would easily take place when the 
familiae included in a gens were reduced to a small 
number. 

There were certain sacred rites (sacra gcntilitia) 
which belonged to a gens, to the observance of 
which all the members of a gens, as such, were 
bound, whether they were members by birth, adop- 
tion, or adrogation. A person was freed from the 
observance of such sacra, and lost the privileges 
connected with his gentile rights, when he lost his 
gens, that is, when he was adrogated, adopted, or 
even emancipated ; for adrogation, adoption, and 
emancipation were accompanied by a diminutio 
capitis. 

When the adoption was from one familia into an 
other of the same gens, the name of the gens was 
still retained ; and when a son was emancipated, 
the name of the gens was still retained ; and yet, 
in both these cases, if we adopt the definition of 
Scsevola, the adopted and emancipated persons lost 
the gentile rights, though they were also freed from 
the gentile burdens (sacra). In the case of adop- 
tion and adrogation, the adopted and adrogated per- 
son who passed into a familia of another gens must 
have passed into the gens of such familia, and so 
must have acquired the rights of that gens. Such 
a person had sustained a capitis diminutio, and its 
effect was to destroy his former gentile rights, to- 
gether with the rights of agnation. The gentile 
rights were, in fact, implied in the rights of agnation, 
if the paterfamilias had a gens. Consequently, he 
who obtained, by adrogation or adoption, the rights 
of agnation, obtained also the gentile rights of his 
adopted father. In the case of adrogation, the ad- 
rogated person renounced his gens at the Comitia 
Curiata, which solemnity might also be expressed 
by the term " sacra detestari," for sacra and gens 
are often synonymous. Thus, in such case, adro- 
gatio, on the part of the adopted father, correspond- 
ed to detestatio sacrorum on the part of the adroga- 
ted son. This detestatio sacrorum is probably the 
same thing as the sacrorum alienatio mentioned by 
Cicero. 1 It was the duty of the pontifices to look 
after the due observation of the gentile sacra, and 
to see that they were not lost. 2 Each gens seems 
to have had its peculiar place (sacellum) for the cel- 
ebration of the sacra gentilitia, which were per- 
formed at stated times. The sacra gentilitia, as 
already observed, were a burden on the members of 
a gens as such. The sacra privata were a charge 
on the property of an individual ; the two kinds O' 
sacra were thus quite distinct. 

According to the traditional accounts of the old 
Roman constitution, the gentes were subdivisions 
of the curiae analogous to the curiae, which were 
subdivisions of the tribes. There were ten in each 
curiae, and, consequently, one hundred gentes in 
each tribe, and three hundred in the three tribes. 
Now if there is any truth in the tradition of this 
original distribution of the population into tribes, 
curiae, and gentes, it follows that there was no ne- 
cessary kinship among those families which belong 



1. (Orator., c. 42.)— 2. (Pro Domo, c 13, Ac) 

469 



GENS. 



GENS. 



ed to a gtns, an> more than among those families 
which belonged to one curia. 

We know nothing historically of the organization 
of civil society, but we know that many new politi- 
cal bodies have been organized out of the materials 
of existing political bodies. It is useless to conjec- 
ture vhat was the original organization of the Ro- 
man state. We must take the tradition as it has 
come down to us. The tradition is not, that familiae 
related by blood were formed into gentes, that 
these gentes were formed into curiae, that these cu- 
rie were formed into tribes. Such a tradition 
would contain its own refutation, for it involves the 
notion of the construction of a body politic by the 
aggregation of families into unities, and by farther 
combinations of these new unities. The tradition 
is of three fundamental parts (in whatever manner 
formed), and of the divisions of them into smaller 
parts. The smallest political division is gens. No 
farther division is made, and thus, of necessity, 
when we come to consider the component parts of 
gens, we come to consider the individuals com- 
prised in it. According to the fundamental princi- 
ples of Roman law, the individuals arrange them- 
selves into familiae under their respective patres- 
familiee. It follows, that if the distribution of the 
people was effected by a division of the larger into 
smaller parts, there could be no necessary kin among 
the familiae of a gens ; for kinship among all the 
members of a gens could only be effected by select- 
ing kindred familiae, and forming them into a gens. 
If the gens was the result of subdivision, the kin- 
ship of the original members of such gens, when- 
ever it existed, must have been accidental. 

There is no proof that the Romans considered 
that there was kinship among the familiae originally 
included in a gens. Yet as kinship w T as evidence 
of the rights of agnatio, and, consequently, of gen- 
tile rights, when there had been no capitis diminu- 
tio, it is easy to see how that which was evidence 
of the rights of agnatio, and, consequently, of gen- 
tile rights, might be viewed as part of the definition 
of gentilis, and be so extended as to comprehend a 
supposed kinship among the original members of 
the gens. The word gens itself would also favour 
such a supposition, especially as the word genus 
seems to be often used in the same sense. 1 This 
iiotion of kinship appears also to be confirmed by 
the fact of the members of the gens being distin- 
guished by a common name, as Cornelia, Julia, &c. 
But many circumstances besides that of a common 
origin may have given a common name to the gen- 
tiles ; and, indeed, there seems nothing more strange 
in all the gentiles having a common name, than 
there being a common name for all the members of 
a curia and a tribe. 

As the gentes were subdivisions of the three an- 
cient tribes, the populus (in the ancient sense) alone 
had gentes, so that to be a patrician and to have a 
gens were synonymous ; and thus we find the ex- 
pressions gens and patricii constantly united. Yet 
it appears, as in the case already cited, that some 
gentes contained plebeian familiae, which it is con- 
jectured had their origin in marriages between pa- 
tricians and plebeians before there was connubium 
between them. When the lex was carried which 
established connubium between the plebs and the 
patres, it was alleged that this measure would con- 
lound the gentile rights {jura gentium*). Before 
this connubium existed, if a gentilis married a wom- 
an not a gentilis, it followed that the children could 
not be gentiles ; yet they might retain the gentile 
name, and thus, in a sense, the family might be 
gentile without the gentile privileges. Such mar- 



1. (Cic, Pro Balbo. c. 14.)- 

470 



-2. (Liv.,iv., 1.) 



riages would, in effect, introduce confusion ; and i( 
does not appear how this would be increased by 
giving to a marriage between a gentile man and a 
woman not gentilis, the legal character of connubi- 
um ; the effect of the legal change was to give the 
children the gentilitas of their father. It is some- 
times said that the effect of this lex was to give 
the gentile rights to the plebs, which is an absurdi- 
ty ; for, according to the expression of Livy, 1 which 
is conformable to a strict principle of Roman law, 
" patrem sequuntur liberi," and the children of a 
plebeian man could only be plebeian. Before the 
passing of this lex, it may be inferred, that if a pa- 
trician woman married out of her gens (e gente, e 
patribus enupsit), it was no marriage at all, and that 
the children of such marriage were not in the power 
of their father, and, it seems a necessary conse- 
quence, not Roman citizens. The effect would be 
the same, according to the strict principles of Ro- 
man law, if a plebeian married a patrician woman 
before there was connubium between them ; for if 
there was no connubium, there was no legal mar- 
riage, and the offspring were not citizens, which is 
the thing complained of by Canuleius. 2 It does not 
appear, then, how such marriages will account fur 
plebeian familiae being contained in patrician gentes, 
unless we suppose that when the children of a gen- 
tile man and a plebeian woman took the name of 
the father, and followed the condition of the mother, 
they were in some way or other, not easy to ex- 
plain, considered as citizens and plebeians. But if 
this be so, what would be the status of the children 
of a patrician woman by a plebeian man 1 

Niebuhr assumes that the members of the gens 
(gentiles) were bound to assist their indigent fel- 
lows in bearing extraordinary burdens ; but this as- 
sertion is founded on the interpretation given to the 
words rove, yivet irpoa^Kovrag of Dionysius, 3 which 
have a simpler and more obvious meaning. What- 
ever probability there may be in the assumption of 
Niebuhr, as founded on the passage above cited, 
and one or tw r o other passages, it cannot be consid- 
ered as a thing demonstrated. 

A hundred new members were added to the sen- 
ate by the first Tarquin. These were the repre- 
sentatives of the Luceres, the third and inferior 
tribe, which is indicated by the gentes of this tribe 
being called Minores by way of being distinguished 
from the older gentes, Majores, of the Ramnes and 
Tities, a distinction which appears to have been 
more than nominal. (Vid. Senatus.) See the cu 
rious letter of Cicero to Paetus. 4 

If the gentes were such subdivisions of a curia, 
as already stated, it may be asked what is meant 
by new gentes being introduced among the curiae, 
for this undoubtedly took place. Tullus Hostilius 
incorporated the Julii, Servilii, and others among 
the Patricii, and, consequently, among the curiae. 
The Claudii were a Sabine gens, who, it was said,* 
were received among the patricii after the banish- 
ment of the kings. A recent writer (Goettling) at- 
tempts to remove this difficulty by assuming, ac- 
cording to his interpretation of Dionysius, 6 a divis- 
ion of the curiae into ten decuriae, and by the farther 
assumption of an indefinite number of gentes in 
each decuria. Consistently with this, he assumes 
a kinship among the members of the same gens, 
according to which hypothesis the several patres- 
familiae of such gens must have descended, or 
claimed descent, from a common ancestor. Thus 
the gentes would be nothing more than aggregates 
of kindred families ; and it must have been contrived, 
in making the division into decuriae, that all the 
members of a gens (thus understood) must have 



1. (iv., 4.)— 2. (Liv., iv.,4.)— 3. (ii., 10.)- 
—5. (Liv., iv.. 3.)— 6. (ii., 7.) 



(adFara., ix,21.J 



GENS. 



GERANIUM. 



been included in the same decuria. But to assume 
this is nothing more than to say that the political 
system was formed by beginning with aggregations 
of families ; for if the ultimate political division, 
the decuri*, was to consist of aggregates of gentes 
(thus understood), such arrangement could only be 
effected by making aggregation of families the basis 
of the political system, and then ascending from 
them to decuriae, from decuria; to curiae, and from 
curiae to tribes ; a proceeding which is inconsistent 
with saying that the curiae were subdivided into de- 
turiae, for this mode of expression implies that the 
curiae were formed before the decuriae. But the in- 
troduction ^f new gentes is conceivable even on the 
hypothesis :f the gens being a mere political divis- 
ion. If the number was originally limited, it is per- 
fectly consistent with what we know of the Roman 
constitution, which was always in a state of pro- 
gressive change, to suppose that the strict rule of 
limitation was soon neglected. Now if a new gens 
was introduced, it must have been assimilated to 
the old gentes by having a distinctive name ; and if a 
number of foreigners were admitted as a gens, it is 
conceivable that they w T ould take the name of some 
distinguished person among them, who might be 
the head of a family consisting of many branches, 
each with a numerous body of retainers. And this 
is the better tradition as to the patrician Claudii, 
who came to Rome with Atta Claudius, their head 
{gentis princeps), after the expulsion of the kings, 
and were co-optated (co-optati) by the patres among 
the patricii ; which is the same thing as saying that 
this immigrating body was recognised as a Roman 
gens. 1 According to the tradition, Atta Claudius 
received a tract of land for his clients on the Anio, 
and a piece of burying-ground, under the Capitol, was 
given to him by the state (publice). According to 
the original constitution of a gens, the possession 
of a common burying-place, and the gentile right 
to interment therein, were a part of the gentile 
sacra. 2 

It is probable that even in the time of Cicero the 
proper notion of a gens and its rights were ill un- 
derstood ; and still later, owing to the great chan- 
ges in the constitution, and the extinction of so 
many ancient gentes, the traces of the jus gentiliti- 
um were nearly effaced. Thus we find that the 
words gens and familia are used indifferently by 
later writers, though Livy carefully distinguishes 
them. The " elder Pliny speaks of the sacra Ser- 
viliae familiae ; Macrobius of the sacra familiae Clau- 
dia?, .-Emiliae, Juliae, Corneliae ; and an ancient in- 
scription mentions an ^Edituus and a Sacerdos Ser- 
giae familiae, though those were all well-known an- 
cient gentes, and these sacra, in the more correct 
language of the older writers, would certainly have 
been called sacra gentilitia." 3 

In the time of Gaius (the age of the Antonines), 
the jus gentilitium had entirely fallen into disuse.* 
Thus an ancient institution, which formed an in- 
tegral part of the old constitution, and was long 
held together by the conservative power of religious 
rites, gradually lost its primitive character in the 
changes which circumstances impressed on the form 
i»f the Roman state, and was finally extinguished. 

The word Gens has recently been rendered in 
English by the word House, a term which has here 
been purposely neglected, as it is not necessary, 
and can only lead to misconception. 

The subject of the gens is discussed with great 
acuteness both by Niebuhr 5 and by Maiden. 6 

The views of Goettling are contained in his Ges- 

1. (Suet., Tib., 1.)— 2. (Cic, Leg., ii., 22.— Yell. Paten:., ii., 
11. — Festus, s. v. Cincia. — Liv., iv., 3. — Id., vi., 40. — Virgil, 
J2n., vii., 706.)— 3. (Savigny, Zeitschnft, ii., 385.) — I. (Gaius, 
iii.. 17.)— 5. (Hist, of Rome, vol. i.) — 6. (Hist, of Rome, pub- 
lished by the Society for the Diffusion of Useful Knowledge.) 



ckichte dzr Ram. Staatsverfassung, Halle, 1949. Se« 
also Savigny, Zeitschrift, ii., p. 380, &c., and Unter- 
holzner, Zeitschrift, v., p. 119. 

*GENTIA'NA (yevriavd), Gentian, or Bitter 
wort, deriving its name from Gentius, a king of 
Illyricum, who first discovered :ts properties. All 
the plants of the family of Gentianaceee are most use- 
ful in medicine, on account of the pure, intense bitter 
which they contain. According to Pliny, the best 
kind of Gentian was obtained from Illyricum. It 
was found also in abundance at the foot of the Alps, 
in moist grounds. 1 According to modern botanical 
writers, the gentianaceous plants are found chiefly 
in mountainous situations, " where they breathe a 
pure and rarefied air, are exposed to bright light 
during the short summers of such regions, and, 
although fixed during winter in places intensely 
cold, yet are so well prepared to resist it by- the 
warmth of their summer, and so much protected by 
the snow which covers them, as to suffer no injury." 
The yevriavd of Dioscorides is the Gentiana lutea. 
Such, at least, is the opinion of all the earlier com- 
mentators, and which is adopted by Adams, though 
Sprengel remains undecided. 2 

GENTILES. (Vid. Gens.) 

GENTI'LITAS. {Vid. Gens.) 

GEO'MOROI (yeufiopoi, Doric yaiiopot) is tne 
name of the second of the three classes into which 
Theseus is said to have divided the inhabitants of 
Attica. 3 This class was, together with the third, 
the drjficovpyoi, excluded from the great civil and 
priestly offices, which belonged exclusively to the 
eupatrids, so that there was a great distinction be- 
tween the first and the two inferior classes. We 
possess, however, no means to ascertain any par- 
ticulars respecting the relation in which the yecj/io- 
poi stood to the two other classes. The name may 
either signify independent land-owners, or peasants 
who cultivated the lands of others as tenants. The 
yeuuopoi have, accordingly, by some writers been 
thought to be free land-owners, while others have 
conceived them to have been a class of tenants. It 
seems, however, inconsistent with the state of af- 
fairs in Attica, as well as with the manner in which 
the name yew/iopot. was used in other Greek states, 
to suppose that the whole class consisted of the lat- 
ter only , there were, undoubtedly, among them a 
considerable number of freemen, who cultivated their 
own lands, 4 but had by their birth no claims to the 
rights and privileges of the nobles. We do not 
hear of any political distinctions between the yeu/j.6- 
poi and the drip-tovpyoi: and it may either be that 
there existed none at all, or, if there were any ori- 
ginally, that they gradually vanished. This would 
account for the fact that Dionysius 5 only mentions 
two classes of Atticans ; one corresponding to the 
Roman patricians, the other to the plebeians. 6 

In Samos the name yeu/aopot was applied to the 
oligarchical party, consisting of the wealthy and 
powerful. 7 In Syracuse the aristocratical party 
was likewise called yeu/j-opoi or yafiopot, in oppos* 
tion to the dfjfioc* 

GEPHURA. (Vid. Bridge.) 

*GERA'NIUM {yepaviov), the Geranium. " The 
distinguishing character of this order is to have a 
fruit composed of five cocci or cases, connected with 
as many thin flat styles, consolidated round a long 
conical beak." From the resemblance which this 

1. (Plin., H. N., xxv., 7. — Dioscor., iii., 3. — Id., iii., 121. — 
Adams, Append., s. v.)— 2. (Adams, 1. c.)— 3. (Plut., Thes., 25 
—Pollux, Onom., viii., 111.) — 4. (Timaeus, Glossar., s. v. ysw- 
lidpoi. — Valckenaer ad Herod., v., 77.) — 5. (ii., 8.) — 6. (Thirl- 
wall, Hist, of Greece, ii., p. i4. — Wachsmuth, Hellen. Alter- 
thumsk.. i., 1, p. 231, &c— Platner, Beitrasre, &c, p. 19.— Titt- 
mann, Griech. Staatsv., p. 575, &c.)— 7. (Thucyd., viii., 21.— 
Plut.. Qu:psr. Rom., p. 303. — Muller, Dor., iii., 1, 4.)— 8. (He- 
rod., vii., 155. — Hesych., s. v. yuyiipoi.— Muller, Dor., iii., 4, 4 
— Goller, De Situ et brig. Syracus., p. 9, &c.) 

471 



GERANOS. 



GEROUSIA. 



Beak bears to that of a crane {yepavog) arises the 
name of the order. The first species of Dioscorides 
is the Geranium tuberosum. Sibthorp found this in 
Crete, occurring very frequently among the stand- 
ing grain, and also in Arcadia. The second species 
of the Greek writer is, according to Bauhin, the Ge- 
ranium rotundifolium ; but Sprengel, as Adams re- 
marks, is undecided between it and the Erodium 
malachoides. 1 Pliny states 2 that the Geranium was 
called by some authors Myrrhis, by others Myrtis. 
In this, according to Fee, 3 he is altogether wrong, 
the Myrrhis of Dioscorides being a very different 
plant. Equally erroneous is his account of the me- 
dicinal properties of the Geranium. Pliny's first 
species is, according to Billerbeck, the G. moscha- 
lum, called also Circuiznum moschatum. The mod- 
ern Greeks call it pooicoTiaxavov. Sibthorp found it 
in Argolis.* 

*GER'ANOS (yepavoc), the Crane, or Ardea Grus, 
L. The natural history of the common Crane is 
given very accurately by Aristotle and iElian. Ho- 
mer alludes to the autumnal migration of cranes in 
the third book of the Iliad ; Oppian mixes togeth- 
er the circumstances of the spring and autum- 
nal migrations. 5 " The Cranes," observes Griffith, 
" though aborigines of the North, visit the temper- 
ate regions, and advance towards those of the 
South. The ancients, seeing them arrive alternate- 
ly from both extremities of the then known world, 
named them equally Birds of Scythia and Birds of 
Libya. As they were accustomed to alight in large 
flocks in Thessaly, Plato has denominated that 
country the Pasture of the Cranes. Their fabled 
combats with the pigmies are well known. The 
Cranes, quitting Sweden, Scotland, the Orcades, 
Podolia, Lithuania, and all northern Europe, come 
in the autumnal season, and settle in the marshy 
parts of France, Italy, &c., pass thence into still 
more southern regions, and, returning in the spring, 
bury themselves anew in the cold bosom of the 
North." A want of acquaintance with the habits 
of these birds has led many of the commentators 
on Anacreon into error. The poet, in one of his 
odes, speaks of the journeying of the Crane to other 
climes as one of the signs of returning spring. This 
has been supposed to refer to the departure of the 
bird from its home, whereas, in fact, the return from 
southern regions is meant to be indicated. The pe- 
riod of the departure of the Cranes for the North 
is the commencement of spring; they prefer the 
summer of the North, since a moderate degree of 
temperature appears to agree with them best. The 
clamorous noise of these birds in their annual mi- 
grations is often alluded to by the ancient poets. 
Thus, besides the Greek poets already mentioned, 
Virgil has the following : 

" Quotes sub nubibus atris 
Strymonia dant signa grues, atque cethera tranant 
Cum sonitu, fugiuntque Notos clamore secundo." 

The various inflections of their flight have, from 
ancient times, been regarded as presages of the 
weather, and indications of atmospheric tempera- 
ture. Their cries in the daytime are ominous of 
rain. More noisy clamours announce the coming 
tempest ; a steady and elevated flight in the morn- 
ing forebodes serene weather ; a lower flight, or a 
retreat to the earth, is the symptom of a storm. 
Hence Virgil, 6 in speaking of the coming tempest, 
observes, 

" Ilium surgentem, vallibus imis 
Atria fugere grues.' 1 '' 



1. (Dioscor., iii,, 121.— Adams, Append., s. v.)— 2. (II. N., 
Xivi., 11.) — 3. (ad Plin., 1. c.)— 4. (Billerbeck, Flora Classica, 

. 175.)— 5. (Kom., II., 3, 3.— Oppian, Hal., I., 620.— Adams, 
Append., s. v.)— 6. (Gear., u, 374^5,) 
472 



The flesh of the young is delicate ; it used to cod* 
stitute one of the dishes at the banquets of Rome, 
and was sold in the markets of that city. The 
Crane is said to be a long-lived bird. The philoso- 
pher Leonicus Thomaeus, according to Paulus Jo- 
vius, kept one alive for forty years." 1 

GERMA'NI. (Vid. Cognati.) 

GEROU'SIA (yepovoia). In connexion with this 
subject, it is proposed to give a general view of the 
Spartan constitution, and to explain the functions of 
its legislative and administrative elements. In the 
later ages of Spartan history, one of the most prom- 
inent of these was the college of the five ephors ; 
but, as an account of the ephoralty is given in a 
separate article {vid. Ephori), we shall confine our 
inquiries to the kings, the yepovrec or councillors, 
and the ennAncta, or assembly of Spartan freemen. 

I. The Kings. The kingly authority of Sparta 
was, as it is well known, coeval with the settle- 
ment of the Dorians in the Peloponnesus, and con- 
fined to the descendants of Aristodemus, one of 
the Heracleid leaders, under whom, according to 
the Spartan legend, the conquest of Laconia was 
achieved. To him were born twin sons, Eurysthe- 
nes and Procles ; and from this cause arose the 
diarchy, or divided royalty, the sovereignty being 
always shared by the representatives of the two 
families which claimed descent from them.: 8 the 
precedence in point of honour was, however, grant- 
ed to the older branch, who were called Agiads, as 
the younger house was styled Eurypontides, from 
certain alleged descendants of the twin brothers. 8 
Such was the national legend ; but, as we read that 
the sanction of the Pythian oracle was procured for 
the arrangement of the diarchy,* we may conclude 
that it was not altogether fortuitous, but rather the 
work of policy and design ; nor, indeed, is it improb- 
able that the nobles would gladly avail themselves 
of an opportunity to weaken the royal authority by 
dividing it. 

The descent of the Spartan kings from the na- 
tional heroes and leaders contributed in no small 
degree to support their dignity and honour ; and it 
is, perhaps, from this circumstance partly that the) 
were considered as heroes, and enjoyed a certair 
religious respect. 5 The honours paid to them were, 
however, of a simple and heroic character, such as 
a Spartan might give without derogating from his 
own dignity or forgetting his self-respect. Thus 
we are told that the kings united the character of 
priest and king, the priesthoods of Zeus Uranius' 
and the Lacedasmonian Zeus being filled by them ; 
and that, in their capacity of national high-priests, 
they officiated at all the public sacrifices offered on 
behalf of the state. 7 Moreover, they were amply 
provided with the means for exercising the heroic 
virtue of hospitality ; for this purpose, public or do- 
main lands were assigned to them in the district of 
the perioeci, or provincial subjects, and certain per- 
quisites belonged to them whenever any animal was 
slain in sacrifice. Besides this, the kings were en- 
titled to various payments in kind (iraauv rdv avCtv 
utto tokov xotpov), that they might never be in want 
of victims to sacrifice ; in addition to which, they 
received, twice a month from the state, an Iprjiov 
teaeIov, to be offered as a sacrifice to Apollo, and 
then served up at the royal table. Whenever, also, 
any of the citizens made a public sacrifice to the 
gods, the kings were invited to the feast, and hon- 
oured above the other guests : a double portion of 
food was given to them, and they commenced the 
libations to the gods. 8 All these distinctions are of 



1. (Griffith's Cuvier, vol. viii., p. 476, &c)— 2. (Herod., vi., 
52.)— 3. (Niebuhr, Hist, of Rome, i., p. 356.)— 4. (Herod., 1. c ) 
—5. (Xen., De Rep. Lac, c. 15.)— 6. (Herod., vi., 56.)— 7. (Xen-% 
Pe Rep. Lac, 15.)— 8 (Herod., vi., 57.) 



GEROUSIA. 



GEROUSIA 



a simple and antiquated character, and, so far as they 
go, prove that the Spartan sovereignty was a con- 
tinuation of the heroic or Homeric. The distinc- 
tions and privile£3s granted to the king as com- 
mander of the for.;es in war, lead to the same con- 
clusion. These were greater than he enjoyed at 
home. He was guarded by a body of 100 chosen 
men, and his table was maintained at the public ex- 
pense : he might sacrifice in his sacerdotal capacity 
as many victims as he chose, the skins and backs 
of which were his perquisites ; and he was assisted 
by so many subordinate officers, that he had nothing 
else to do except to act as priest and strategus. 1 

The accession and demise of the Spartan kings 
were marked by observances of an Oriental charac- 
ter. 3 The former event was signalized by a remis- 
sion of all debts due from private individuals to the 
state or the king ; and on the death of a king, the 
funeral solemnities were celebrated by the whole 
community. There was a general mourning for ten 
days, during which all public business was suspend- 
ed : horsemen went round the country to carry the 
tidings, and a fixed number of the perioeci, or pro- 
vincials, was obliged to come from all parts of the 
country to the city, where, with the Spartans and 
Helots, and their wives, to the number of many 
thousands, they made loud lamentations, and pro- 
claimed the virtues of the deceased king as superi- 
or to those of all his predecessors. 3 

In comparison with their dignity and honours, the 
constitutional powers of the kings were very limit- 
ed. In fact, they can scarcely be said to have pos- 
sessed any ; for, though they presided over the coun- 
cil of yipovTE<; as apxayircu, or principes senatus, 
and the king of the elder house probably had a east- 
ing vote (a supposition which Dr. Thirlwall thinks 
may perhaps reconcile the difference between He- 
-odotus, vi., 57, and Thucydides, i., 20), still the 
7 oice of each counted for no more than that of any 
other senator : when absent, their place was sup- 
plied and their proxies tendered by the councillors 
▼ho were most nearly related to them, and there- 
r ore of a Heracleid family. Still the kings had some 
important prerogatives ; thus they had, in common 
tvith other magistrates, the right of addressing the 
public assembly ; besides this, they sat in a separate 
court of their own, where they gave judgment in 
all cases of heiresses claimed by different parties : 
a function formerly exercised by the kings at Athens, 
but afterward transferred to the archon eponymus.* 
They also appointed the four "Pythians," whose 
duty it was to go as messengers to consult the god 
at Delphi. Adoptions also took place in their pres- 
ence, and they held a court in all cases connected 
with the maintenance of the public roads ; probably 
in their capacity of generals, and as superintendents 
of the intercourse with foreign nations. 5 In foreign 
affairs, indeed, their prerogatives were considera- 
ble : thus they were the commanders of the Spar- 
tan forces, and had the privilege of nominating from 
among the citizens persons to act as " proxeni," or 
protectors and entertainers of foreigners visiting 
Sparta. But their chief power was in war ; for 
after they had once crossed the borders of Laconia 
in command of troops, their authority became un- 
limited. They could send out and assemble armies, 
despatch ambassadors to collect money, and refer 
those who applied to themselves for justice to the 
proper officers appointed for that purpose. 6 Two 
epliors, indeed, accompanied the kings or. their ex- 
peditions, but those magistrates had no authority 
to interfere with the kings' operations : they simply 

1. (Xen.,De Rep. Lac., 14, 15.— Herod., vi., 55.)— 2. (Herod., 
ei., 58.)— 3. (Herod., 1. c.)— 4. (Herod., vi., 57.)— 5. (Muller, 
Dor., iii., 6, v 7.)— 6. (Xen., De Pep. Lac., 13.— Thucyd , v., 60. 
—Id , vjii., 5.) 

Ooc 



watched over the proceedings of the army. 1 More* 
over, there can be no doubt that the kings were, on 
their return home, accountable for their conduct aa 
generals, 3 and more especially after the increase of 
the ephoral authority. Their military power, also, 
was not connected with any political functions, for 
the kings were not allowed to conclude treaties or 
to decide the fate of cities without communicating 
with the authorities at home. 3 In former times this 
two kings had a joint command ; this, however, led 
to inconveniences, and a law was in consequence 
passed, that for the future one only of the two kings 
should have the command of the army on foreign 
expeditions. 4 

II. The yepovoia, or Assembly of Elders. This 
body was the aristocratic element of the Spartan 
polity, and not peculiar to Sparta only, but found in 
other Dorian states, just as a j3ovXrj, or democrat 
ical council was an element of most Ionian consti 
tutions. 

The yepovoia or yepuvia at Sparta included tho 
two kings, its presidents, and consisted of thirty 
members : a number which seems connected with 
the divisions of the Spartan people. Every Dorian 
state, in fact, was divided into three tribes : the 
Hylleis, the Dymanes, and the Pamphyli, whence 
the Dorians are called Tpixaiicec, or thrice divided.* 
The tribes at Sparta were again subdivided into 
a)6ai, also called (pparpiai, 6 a word which signifies a 
union of families, whether founded upon ties of re- 
lationship, or formed for political purposes, irre- 
spective of any such connexion. The obae were, 
like the yepovree, thirty in number, so that each oba 
was represented by its councillor : an inference 
which leads to the conclusion that two oba? at least 
of the Hyllean tribe must have belonged to the 
royal house of the Heracleids. No one was eligi- 
ble to the council till he was sixty years of age, T 
and the additional qualifications were strictly of an 
aristocratic nature. We are told, for instance, thai 
the office of a councillor was the reward and prue 
of virtue, 8 and that it was confined to men of dis- 
tinguished character and station (koAoi nayadoi). 

The election was determined by vote, and the 
mode of conducting it was remarkable for its old- 
fashioned simplicity. The competitors presented 
themselves one after another to the assembly of 
electors ; 9 the latter testified their esteem by ac- 
clamations, which varied in intensity according to 
the popularity of the candidates for whom they were, 
given. These manifestations of esteem were noted 
by persons in an adjoining building, who could judge 
of the shouting, but could not tell in whose favour 
it was given. The person whom these judges 
thought to have been most applauded was declared 
the successful candidate. The different competi- 
tors for a vacant place offered themselves upon their 
own judgment, 10 probably always from the u)6d, to 
which the councillor whose place was vacant had 
belonged ; and as the office was for life, and there- 
fore only one vacancy could (in ordinary cases) hap- 
pen at a time, the attention of the whole state would 
be fixed on the choice of the electors. The office 
of a councillor, however, was not only for life, but 
also irresponsible, 11 as if a previous reputation and 
the near approach of death were considered a suf- 
ficient guarantee for integrity and moderation. But 
the councillors did not always prove so, for Aristo- 
tle 13 tells us that the members of the yepovcia re- 
ceived bribes, and frequently showed partiality in 
their decisions. 



1. (Xen., 1. c.)— 2. (Thucvd., v., G3.)--3. (Xen., Hell., \u. % 
12.— Id. ib., v., 3, 24.)— 4. (Herod., v., 57.)— 5. (Od., xtx., 174 i 
-6. (MUller, Dor., iii., 5, Q 3.)— 7. (Plut., Lycurg., 26.)— 8 
(Anstot., Polit., ii., 6, 15.— Demosth., c. Lept., p. 489.)— 9 
(Plut., Lycurg., 26.) -10. (Aristot. Polit., ii., 6, « 18.)— 11 
(Arislot., Polit.. ii. 6 >- 12. (1. c.) 

473 



GEROUSIA 



GEROUSIA 



The functions or the councillors were partly de- 
liberative, partly judicial, and partly executive. In 
the discharge of the first they prepared measures 
and passed preliminary decrees, 1 which were to be 
laid before the popular assembly, so that the impor- 
tant privilege of initiating all changes in the govern- 
ment or laws was vested in them. As a criminal 
court they could punish with death and civil degra- 
dation {arifiia 2 ), and that, too, without being restrain- 
ed by any code of written laws, 3 for which national 
feeling and recognised usages would form a suffi- 
cient substitute. They also appear to have exercised, 
like the Areiopagus at Athens, a general superin- 
tendence and inspection over the lives and manners 
of the citizens (arbitri el magistri disciplines pub- 
HccE*), and probably were allowed " a kind of patri- 
archal authority to enforce the observance of ancient 
usage and discipline." 8 It is not, however, easy to 
define with exactness the original extent of their 
functions, especially as respects the last-mentioned 
duty, since the ephors not only encroached upon the 
prerogatives of the king and council, but also pos- 
sessed, in very early times, a censorial power, and 
were not likely to permit any diminution of its extent. 

III. The kuKTirjala, or Assembly of Spartan Freemen. 
This assembly possessed, in theory at least, the su- 
preme authority in all matters affecting the general 
interests of the state. Its original position at Sparta 
is shortly explained by a rhetra or ordinance of Ly- 
curgus, which, in the form of an oracle, exhibits 
the principal features of the Spartan polity : "Build 
a temple," says the Pythian god, *'to Hellanian 
Zeus and Hellanian Athena ; divide the tribes, and 
institute thirty obas ; appoint a council with its 
princes ; call an assembly ((mella&iv) between 
Babyca and Knakion, then make a motion and de- 
part ; and let there be a right of decision and power 
to the people" (ddjua) 6e nvptdv fjpiEv kgi Kpdrog 6 ). 

By this ordinance full power was given to the 
people to adopt or reject whatever was proposed to 
them by the king and other magistrates. It was, 
however, found necessary to define this power 
more exactly, and the following clause, ascribed to 
the kings Theopompus and Polydorus, was added 
to the original rhetra : " but if the people should 
follow a crooked opinion, the elders and the princes 
shall withdraw" (rove TrpeaSvyeviac nal apxayhag 
(nzooTa-fipac rjfLEv). Plutarch 7 interprets these words 
to mean, " That in case the people do not either re- 
ject or approve in toto a measure proposed to them, 
the kings and councillors should dissolve the as- 
sembly, and declare the proposed decree to be in- 
valid." According to this interpretation, which is 
confirmed by some verses in the Eunomia of Tyr- 
tseus, the assembly was not competent to originate 
any measures, but only to pass or reject, without 
modification, the laws and decrees proposed by the 
proper authorities : a limitation of its power, which 
almost determined the character of the Spartan 
constitution, and justifies the words of Demosthenes, 
who observed, 8 that the yepovoia at Sparta was in 
many respects supreme : Aecirorng kari tuv ttoX^cov. 
All citizens above the age of thirty, who were not 
labouring under any loss of franchise, were admiss- 
ible to the general assembly, or airella, 9 as it was 
called in the old Spartan dialect ; but no one except 
public magistrates, and chiefly the ephors and kings, 
addressed the people without being specially called 
upon. 10 The same public functionaries also put the 
question to the vote. 11 Hence, as the magistrates 
only (to, teXtj or apxai) were the leaders and speak- 

1. (Tint., Agis, 11.)— 2. (Xen., De Rep. Lac, 10, t> 2.— Arist., 
Polit., iii., 1.)— 3. (Arist., Polit., ii., 6.) — 4. (Aul. Gell., xviii., 
3.)— 5. (Thirlwall, Hist, of Greece, i., p. 318.)— 6. (Plut., Ly- 
eurg., 6.— Muller, Dor., iii., 5, t> 8.)— 7. (1. c.)— 8. (c. Lept., p. 
489, 20.)— 9. (Plut., Lyoorg-., 25.)— 10. (Muller, Dor., iii., 4, 11.) 
—11 (Thucyd.. i., 80, 8'i ' 
474 



ers of the assembly, decrees of the whob peopl€ 
are often spoken of as the decision of the authori- 
ties only, especially in matters relating to foreign 
affairs. The intimate connexion of the ephors with 
the assembly is shown by a phrase of very frequent 
occurrence in decrees (edo^e rolg ktyopocg nai rrj kic- 
nXnola). The method of voting was by acclama- 
tion ; the place of meeting between the brook 
Knakion and the bridge Babyca, to the west of the 
city, and enclosed. 1 The regular assemblies were 
held every full moon ; and on occasions of emer- 
gency, extraordinary meetings were convened. 2 

The whole people alone could proclaim " a war, 
conclude a peace, enter into an armistice for any 
length of time ; and all negotiations with foreign 
states, though conducted by the kings and ephors, 
could be ratified by the same authority only." With 
regard to domestic affairs, the highest offices, such 
as magistracies and priesthoods, were filled " by the 
votes of the people ; a disputed succession to the 
throne was decided upon by them ; changes in the 
constitution were proposed and explained, and all 
new laws, after a previous decree in the senate, 
were confirmed by them." 3 It appears, therefore, to 
use the words of Muller, that the popular assembly 
really possessed the supreme political and legislative 
authority at Sparta, but it was so hampered and 
checked by the spirit of the constitution, that it 
could only exert its authority within certain pre- 
scribed limits, so that the government of the state 
is often spoken of as an aristocracy. 

Besides the kuKJinaia which we have j ust described, 
we read in later times of another, called the small 
assembly, 4 which appears to have been convened on 
occasions of emergency, or which were not of suf- 
ficient importance to require the decision of the 
entire body of citizens. This more select assembly 
was probably composed of the djuoioi, or superoi 
citizens, or of some class enjoying a similar prece- 
dence, together with some of the magistrates of the 
state (vid. Eccletoi) ; and if, as appears to have been 
the case, it was convened more frequently than the 
greater assembly, it is evident that an additional 
restraint was thus laid upon the power of the lat- 
ter, 5 the functions of which must have often been 
superseded by it. 6 

The preceding remarks will enable us to decide a 
question which has been raised, What was the real 
nature of the constitution of Sparta 1 From the ex- 
pressions of Greek writers, every one would at once 
answer that it was aristocratic ; but it has been 
asserted that the aristocracy at Sparta was an aris- 
tocracy of conquest, in which the conquering people, 
or Dorians, stood towards the conquered, or Achai- 
ans, in the relation of nobles to commons, and that 
it was principally in this sense that the constitution 
of Sparta was so completely anti-popular or oligar- 
chical. 7 Now this, indeed, is true ; but it seems no 
less true that the Spartan government would have 
been equally called an oligarchy or aristocracy even 
if there had been no subject class at all, on account 
of the disposition and administration of the sover- 
eign power within the Spartan body alone. The 
fact is, that, in theory at least, the Spartan consti- 
tution, as settled by Lycurgus, was a decided de- 
mocracy, with two hereditary officers, the generals of 
the commonwealth, at its head ; but in practice (at 
least before the encroachment of the ephors) it was 
a limited aristocracy , that is, it worked as if the 
supreme authority was settled in the hands of a 
minority. The principal circumstances which jus- 
tify us in considering it as such are briefly "the 



1. (Plut., Lycurg., 6.) — 2. (Herod., vii., 134.) — 3 (Muller 
Dor. 4, i) 9.)— 4. (Xen., Hell., iii., 3, 18.)— 5. (Philol. Museunt 
ii., f. 65.) — 6. (Wachsrouth, Hellen. Al'erthumsk., \1.» i., j> 
212.)— 7. (Arnold, Thucyd., Append, ii > 



GINNUS. 



GLADIA TORES. 



restraints imposed upon the assembly, the extensive 
powers of the councillors, their election for life, 
their irresponsibility, the absence of written laws, 
of paid offices, of offices determined by lot," and 
other things thought by the Greeks characteristic 
of a democracy. Independent of which, we must 
remember that Sparta was at the head of the oli- 
garchical interest in Greece, and always supported, 
as at Corcyra and Argos, the oligarchical party in 
opposition to the democratic, which was aided by 
Athens. In fact, Dr. Arnold himself observes, that 
even in the relations of the conquering people among 
themselves, the constitution was far less popular 
than at Athens. We must, however, bear in mind 
that the constitution, as settled by Lycurgus, was 
completely altered in character by the usurpation 
of the ephors. To such an extent was this the 
case, that Plato 1 doubted whether the government 
at Sparta might not be called a " tyranny," in con- 
sequence of the extensive powers of the ephoralty, 
though it was as much like a democracy as any 
form of government could well be ; and yet, he adds, 
not to call it an aristocracy (». e., a government of 
the apLOTOi) is quite absurd. Moreover, Aristotle, 8 
when he enumerates the reasons why the Spartan 
government was called an oligarchy, makes no 
mention of the relations between the Spartans and 
their conquered subjects, but observes that it re- 
ceived this name because it had many oligarchical 
institutions, such as that none of the magistrates 
were chosen by lot ; that a few persons were com- 
petent to inflict banishment and death. 

Perhaps the shortest and most accurate descrip- 
tion of the constitution of Sparta is contained in the 
following observations of Aristotle : 3 Some affirm 
that the best form of government is one mixed of 
;ill the forms, wherefore they praise the Spartan 
constitution ; for some say that it is composed of 
an oligarchy, and a monarchy, and a democracy : 
a monarchy on account of the kings, an oligarchy 
on account of the councillors, and a democracy on 
account of the ephors ; but others say that the 
ephoralty is a "tyranny," whereas, on the other 
hand, the public tables and the regulations of daily 
life are of a democratic tendency. 

GERRA. (Vid. Ecclesia, p. 385.) 

*GETEIUM (yijreiov), also called Gethyon (yijdv- 
ov), a plant to be referred to the genus Allium, or 
Garlic, but the particular species of which cannot 
be satisfactorily determined.* 

*GETHYLLIS (yrjdvA/uc), most probably the 
same as the preceding. 

*GEUM, the herb Avens or Bennet, the Caryo- 
pkyllata vulgaris, L. The French term is Benoite, 
the German Benediciwurz. It grows in shady, 
woody grounds. The root is bitter and aromatic, 
and was prescribed by the ancient physicians not 
only in affections of the breast and side, but also in 
cases of dyspepsy. 6 

*GINGIDTUM (yiyyldiov), according to Knellius 
and Stephens, a species of Chervil. This opinion, 
however, is controverted by Matthiolus and Bauhin. 
Adams makes it the Daucus Gingidium, a variety 
of the Daucus Carota, or wild Carrot. 6 

♦GINNUS or HINNUS (yivvoc, Ivvoc). " Buffon 
remarks, that Aristotle applies the term yivvoc in 
two senses : first, to denote an imperfect animal, 
proceeding sometimes from the horse and ass ; and, 
secondly, to signify the particular production of the 
great mule and the mare. Aristotle, therefore, was 
aware of the fact that the mule can sometimes 
propagate its species." 7 

I. (Leg., iv., p. 713.)— 2. (Polit.., iv., 8.)— 3. (Polit., ii., 6.)— 
4. (Theophrast., IT. P., i., 4. — Adams, Append., s. v.) — 5. (Plin., 
H. N., xxvi., 7.— Billerheck, Flora Classica, p. 136.)— 6. (Dios- 
cor., ii., 166. — Adams, Append., s. v.) — 7. (Aristot., H. A., i., 6. 
— ^dams, Append., s. ■ * 



*GITH or GIT, the seed of the Melanthion oi 
Pepper- wort, the Nigella sativa. It was employed by 
the ancients as a condiment. (Vid. Melanthium.) 

GLADIATO'RES (uovoudxot) were men who 
fought with swords in the amphitheatre and other 
places for the amusement of the Roman people 
(Gladiator est, qui in arena, populo spectante, pugna- 
viP). They are said to have been first exhibited by 
the Etrurians, and to have had their origin from the 
custom of killing slaves and captives at the funeral 
pyres of the deceased. 3 (Vid. Bustum, Funus, p. 
460.) A show of gladiators was called munus, and 
the person who exhibited (edebat) it, editor, munera- 
tor, or dominus, who was honoured during the day 
of exhibition, if a private person, with the official 
signs of a magistrate.* 

Gladiators were first exhibited at Rome in B.C. 
264, in the Forum Boarium, by Marcus and Decimus 
Brutus, at the funeral of their father. 5 They were 
at first confined to public funerals, but afterward 
fought at the funerals of most persons of conse- 
quence, and even at those of women. 6 Private 
persons sometimes left a sum of money in their 
will to pay the expenses of such an exhibition at 
their funerals. 7 Combats of gladiators were also 
exhibited at entertainments, 8 and especially at pub- 
lic festivals by the sediles and other magistrates, 
who sometimes exhibited immense numbers with 
the view of pleasing the people. 9 (Vid. ^Ediles, p. 
25.) Under the Empire, the passion of the Romans 
for this amusement rose to its greatest height, and 
the number of gladiators who fought on some occa- 
sions appears almost incredible. After Trajan's 
triumph over the Dacians, there were more than 
10,000 exhibited. 10 

Gladiators consisted either of captives, 11 slaves, 18 
and condemned malefactors, or of freeborn citizens 
who fought voluntarily. Of those who were con- 
demned, some were said to be condemned ad gladi- 
um, in which case they were obliged to be killed at 
least within a year; and others ad ludum, who 
might obtain their discharge at the end of three 
years. 13 Freemen, who became gladiators for hire, 
were called auctorati, 1 * and their hire auctor amentum 
or gladiator ium. ls They also took an oath on 
entering upon the service, which is preserved by 
Petronius : 16 " In verba Eumolpi sacramentum jura- 
vimus, uri, vinciri, verberari, ferroque necari, ei quic- 
quid aliud Eumolpus jussisset, tamquam legilimi 
gladiatores domino corpora animasque religiosissime 
addicimus. ,n7 Even under the Republic freeborn 
citizens fought as gladiators, 18 but they appear to 
have belonged only to the lower orders. Under the 
Empire, however, both knights and senators fought 
in the arena, 19 and even women ; 20 which practice 
was at length forbidden in the time of Severus. 21 

Gladiators were kept in schools (ludi), where they 
were trained by persons called lanista.* 2 The 
whole body of gladiators under one lanista was fre- 
quently called familial 3 They sometimes were the 
property of the lanistae, who let them out to per- 
sons who wished to exhibit a show of gladiators ; 

1. (Billerbeck, Flora Classica, p. 142.) — 2. (Quint., Declaim, 
302.)— 3. (Tertull., De Spectac, 12.— Serv. ad Virg., JEn., x., 
519.)—4. (Capitol., M. Anton. Philos., 23.— Flor., iii., 20.— 
Cic. ad Att., ii., 19, $ 3.)— 5. (Val. Max., ii., 4, $ 7.— Liv., Epit,, 
16.) — 6. (Suet., Jul., 26. — Spart., Hadr., 9.)— 7. (Sen., De 
Brev. Vit., 20.)— 8. (Athen., iv., p. 153.— Sil. Ital., xi., 51.)— 9. 
(Cic, Pro Mur., 18.— Id., De Off., ii., 16.)— 10. (Dion Cass., 
lviii., 15.)— 11. (Vopisc, Prob., 19.)— 12. (Suet., Vitell., 12.)— 
13. (Ulpian, Collat. Mos. et Rom. Leg., tit. ii., s. 7, t) 4.)— 14. 
(Quint., 1. c— Hor., Sat., II., vii., 58.)— 15. (Suet., Tib., 7.— 
Liv., xliv., 31.) — 16. (c. 117.) — 17. (Compare Senec, Epist., 7.) 
—18. (Liv., xxviii., 21.)— 19. (Dion Cass., Ii., 22.— Id., lvi., 25. 
—Suet., Jul., 39.— Id., Octav., 43.— Id., Ner., 12.)— 20. (Tint., 
Ann., xt., 32. — Suet., Dom., 4. — Juv., vi., 250, &c. — Stat., 
Sylv., 1., vi., 53.)— 21. (Dion Cass., lxxv., 16.)— 22. (Suet., 
Jul., 26.— Cic, Pro Rose. Araer., 40.— Jut., vi., 216.— Id., xi., 8. 
—23. (Suet., Octav., 42 J 

475 



GLADIATORES. 



GLADIATORES. 



*>ut a.t other times belonged to citizens, who kept 
them for the purpose of exhibition, and engaged la- 
nistse to instruct them. Thus we read of the ludus 
JCmilius at Rome, 1 and of Caesar's ludus at Capua. 3 
The superintendence of the ludi, which belonged to 
the emperors, was intrusted to a person of high 
rank, called curator or procurator." The gladiators 
fought in these ludi with wooden swords, called 
rudes* Great attention was paid to their diet, in 
order to increase the strength of their bodies, 
whence Cicero 6 speaks of " gladiatoria totius corpo- 
ris firmitas ." They were fed with nourishing food, 
called gladiatoria, sagina. 6 A great number of glad- 
iators were trained at Ravenna, on account of the 
salubrity of the place. 7 

Gladiators were sometimes exhibited at the fu- 
neral pyre, and sometimes -in the Forum, but more 
frequently in the amphitheatre. {Vid. Amphithea- 
trum.) The person who was to exhibit a show of 
gladiators published, some days before the exhibi- 
tion, bills (libelli) containing the number and some- 
times the names of those who were to fight. 8 When 
the day came, they were led along the arena in pro- 
cession, and matched by pairs ; 9 and their swords 
were examined by the editor to see if they were 
sufficiently sharp. 10 At first there was a kind of 
sham battle, called prailusio, in which they fought 
with wooden swords or the like, 11 and afterward, at 
the sound of the trumpet, the real battle began. 
When a gladiator was wounded, the people called 
out habet or hoc habet ; and the one who was van- 
quished lowered his arms in token of submission. 
His fate, however, depended upon the people, who 
pressed down their thumbs if they wished him to be 
saved, but turned them up if they wished him to be 
killed, 12 and ordered him to receive the sword (fcr- 
rum rccipere), which gladiators usually did with the 
greatest firmness. 13 If the life of a vanquished glad- 
iator was spared, he obtained his discharge for that 
day, which was called missio ; 14 and hence, in an ex- 
hibition of gladiators sine missione, 1 * the lives of the 
conquered were never spared. This kind of exhi- 
bition, however, was forbidden by Augustus. 16 

Palms were usually given to the victorious gladi- 
ators ;*' and hence a gladiator who had frequently 
conquered is called " plurimarum palmarum gladia- 
tor ;" 18 money also was sometimes given. 19 Old 
gladiators, and sometimes those who had only fought 
for a short time, were discharged from the service 
by the editor at the request of the people, who pre- 
sented each of them with a rudis or wooden sword, 
whence those who were discharged were called 
Rudiarii. 20 If a person was free before he entered 
the ludus, he became, on his discharge, free again ; 
and if he had been a slave, he returned to the same 
condition again. A man, however, who had been 
a gladiator, was always considered to have dis- 
graced himself, and, consequently, it appears that 
he could not obtain the equestrian rank if he after- 
ward acquired sufficient property to entitle him to 
it ;" and a slave who had been sent into a ludus, 
and there manumitted either by his then owner or 
another owner, merely acquired the status of a per- 
egrinus dediticius. 22 {Vid. Dediticii.) 

1. (Hor., de Art. Poet., 32.)— 2. (Caes., Bell. Civ., i., 14.)— 3- 
jTacit., Ann., xi., 35.— Id. ib., xiii., 22.— Suet., Cal., 27.— Gru- 
t<;r, Inscript., p. 489.)— 4. (Suet., Cal., 32, 54.) — 5. (Phil., 
h., 25.)— 6- (Tacit., Hist., ii., 88.) — 7. (Strabo, v., p. 213.)— 8. 
(Cic. ad Fam., ii., 8.— Suet., Jul., 26. ) — 9. (Hor., Sat., I., vii., 
20.)— 10. (Dion Cass., lxviii., 3.— Suet., Tit., 9. — Lipsius, Ex- 
curs, ad Tac, Ann.., iii., 37.)— 11. (Cic, De Orat., ii., 78, 80.— 
Ovid, A. A., iii., 515.— Senec, Epist., 117.) — 12. (Hor., Epist., 
!., xviii., 66— Juv., iii., 36.)— 13. (Cic, Tusc, ii., 17.— Id., Pro 
8ext., 37.— Id., Pro Mil., 34.) — 14. (Mart., XII., xxix., 7.)— 15. 
(Liv., xli., 20.)— 16. (Suet., Octav., 45.) — 17. (Suet., Cal., 32.) 
—18. (Cic, Pro Rose Amer., 6.) — 19. (Juv., vii., 243.— Suet., 
Claud., 21.) —20. (Cic, Phil , ii., 29. — Hor., Epist., I., i., 2.— 
Suet., Tib., 7. — Quint., 1. c.| —21. (Quint., 1. c.)— 23. (Gaius, 
».. 13.) 

176 



Shows of gi idiators were abolished by Constat 
tine, 1 but appear, notwithstanding, to have been 
generally exhibited till the time of Honorius, by 
whom they were finally suppressed. 2 

Gladiators were divided into different classes, 
according to their arms and different mode of fight- 
ing, or other circumstances. The name of the most 
important of these classes is given in alphabetical 
order : 

Andabata 3 wore helmets without any aperture 
for the eyes, so that they were obliged to fight blind- 
fold, and thus excite the mirth of the spectators. 
Some modern writers say that they fought on horse* 
back, but this is denied by Orelli.* 

Catervarii was the name given to gladiators when 
they did not fight in pairs, but when several fought 
together. 5 

Dimacheri appear to have been so called, because 
they fought with two swords. 6 

Equitcs were those who fought on horseback. 7 

Essedarii fought from chariots like the Gauls and 
Britons. {Vid. Esseda.) They are frequently men- 
tioned in inscriptions. 8 

Fiscales were those, under the Empire, who were 
trained and supported from the fiscus. 9 

Hoplomachi appear to have been those who fought 
in a complete suit of armour. 10 Lipsius considers 
them to have been the same with the Samnites, and 
that this name was disused under the emperors, and 
hoplomachi substituted for it. 

Laqueatores were those who used a noose to catch 
their adversaries. 11 

Meridiani were those who fought in the middle 
of the day, after combats with wild beasts had ta- 
ken place in the morning. These gladiators were 
very slightly armed. 12 

Mirmillones are said to have been so called from 
their having the image of a fish {mormyr, fiopfivpoc) 
on their helmets. 13 Their arms were like those oi 
the Gauls, whence we find that they were also call- 
ed Galli. They were usually matched with the re- 
tiarii or Thracians. 14 

Ordinarii was the name applied to all the regular 
gladiators, who fought in pairs, in the ordinary 



is 



way. 

Postulaticii were such as were demanded by the 
people from the editor, in addition to those who 
were exhibited. 16 

Provocatores fought with the Samnites, 17 but we 
do not know anything respecting them except their 
name. They are mentioned in inscriptions. 18 The 
npoSoKuTup mentioned by Artemidorus 19 appears to 
be the same as the provocator. 

Retiarii carried only a three-pointed lance, called 
tridens or fuscina {vid. Fuscina), and a net {rete), 
which they endeavoured to throw over their adver- 
saries, and then to attack them with the fuscina 
while they were entangled. The retiarius was dress- 
ed in a short tunic, and wore nothing on his head. 
If he missed his aim in throwing the net, he betook 
himself to flight, and endeavoured to prepare his 
net for a second cast, while his adversary followed 
round the arena in order to kill him before he could 
make a second attempt. His adversary was usu- 
ally a secutor or a mirmillo. 20 In the following 



1. (Cod. 11, tit. 43.)—2. (Theodoret, Hist. Eccles., v., 20.)— 
3. (Cic ad Fam., vii., 10.) — 4. (Inscr., 2577.) — 5. (Snet., Oc- 
tav., 45.—" Gregatim dimicantes :" Cal., 30.) —6. (Artemidor., 
ii., 32.— Orelli, Inscr., 2584.)— 7. (Orelli, 2577,2569.)— 8. (Orel 
li, 2566, 2584, &c.) — 9. (Capitol., Gord., iii., 33.) — 10. (Suet , 
Cal., 35. — Martial, viii., 74. — Orelli. 2566.) — 11. (Isid , xviii., 
56.)— 12. (Senec, Epist., 7.— Suet., Claud., 34. — Orelli, 2587 ) 
— 13. (Festus, s. v. Retiario.)— 14. (Cic, Phil., iii., 12.— Id. ib., 
vii., 6.— Juv., viii., 200.— Suet., Cal., 32.— Orelli, 2566, 2580.)— 
15. (Senec, Epist., 7.— Suet., Octav., 45. — Id., Cal., 26.) — 16. 
(Senec, 1. c)— 17. (Cic, Pro Sext., 64.) — 18- (Orelli, 2566.)— 
19. (ii., 32.)— 20. (Juv., Sat., ii., 143.— Id. ib.* vii) , 203.— Siet , 
Cal., 30.— Id., Claud., 34.— Orelli, 2578.) 



GLADIATORES. 



GLADIATORES. 



•roo'lcut, taken from Winckelmann, 1 a combat is 
represented between a retiarius and a mirmillo ; the 




foimer has thuwn bis net over the head of the lat- 
ter, and is proceeding to attack him with the fusci- 
na. The lanista stands behind the retiarius. 

Samniles were so called because they were armed 
in the same way as that people, and were particular- 
ly distinguished by the oblong scutum. 2 

Secutores are supposed by some writers to be so 
called, because the secutor, in his combat with the 
retiarius, pursued the latter when he failed in secu- 
ring him by his net. Other writers think that they 
were the same as the supposititii, mentioned by 
Martial, 3 who were gladiators substituted in the 
place of those who were wearied or were killed.* 
If the old reading in a letter of Cicero's 5 is correct, 
Julius Caesar had no less than 500 secutores in his 
ludus at Capua ; but it appears probable that we 
ought to read scutorum instead of secutorum. 

Supposititii. (Vid. Secutores.) 

Thraces or Threces were armed, like the Thra- 
cians, with a round shield or buckler, 6 and a short 




«word or dagger (sica ! ), which is called falx supina 



by Juvenal. 1 They were usually matched, as al- 
ready stated, with the mirmillones. The preceding 
woodcut, taken from Winckelmann, 3 represents a 
combat between two Thracians. A lanista stands 
behind each. 

Paintings of gladiatorial combats, as well as of 
the other sports of the amphitheatre, were favourite 
subjects with the Roman artists. 3 Several statues 
of gladiators have come down to us, which are high- 
ly admired as works of art : of these, the most cele- 
brated is the gladiator of the Borghese collection, 
now in the Museum of the Louvre, and the dying 
gladiator, as it is called, in the Capitoline Museum. 
Gladiatorial combats are represented in the bas-re- 
liefs on the tomb of Scaurus at Pompeii, and illus- 
trate in many particulars the brief account which 
has been given in this article of the several classes 
of gladiators. These bas-reliefs are represented in 
the following woodcuts from Mazois. 4 The figures 
are made of stucco, and appear to have been mouiu- 
ed separately, and attached to the plaster by pegs 
of bronze or iron. In various parts of the frieze are 
written the name of the person to whom the gladia- 
tors belonged, and also the names of the gladiators 
themselves, and the number of their victories. The 
first pair of gladiators on the left hand represents an 
equestrian combat. Both wear helmets with vi'ujrs, 
which cover the whole face, and are armed with 
spears and round bucklers. In the second pair;, the 
gladiator on the left has been wounded ; he has let 
fall his shield, and is imploring the mercy of the 
people by raising his hand towards them. His an- 
tagonist stands behind him, waiting the signal of the 
people. Iiike all the other gladiators represented 
on the frieze, they wear the subligaculum, or short 
apron fixed above the hips. The one on the left 
appears to be a mirmillo, and the one on the right, 
with an oblong shield (scutum), a Samnite. The 
third pair consists of a Thracian and a mirmillo, the 
latter of whom is defeated. The fourth group con- 
sists of four figures ; two are secutores and two re- 
tiarii. The secutor on his knee appears to have 
been defeated by the retiarius behind him, but as 
the fuscina is not adapted for producing certain 
death, the other secutor is called upon to do it. 
The retiarius in the distance is probably destined to 
fight in his turn with the surviving secutor. The 
last group consists of a mirmillo and a Samnit« 
the latter is defeated. 




In the next woodcut two combats are represent- ] ed. In the first a Samnite has been conquered 




1. (Mon. lued., pi. 197.)— 2. (Liv., ix., 40.— Cic, Pro Sext., 64.) 
—I. (v., 24.)— 4. (Suet., Cal., 30.— Jut., viii., 210.)— 5. (ad Att., 
rii.. 14.)— «. vTestut, 8 . v. Thraces.)— 7. (Suet., Cal., 32.) 



1. (viii., 201.)— 2. (I.e.)— 3. (Plm., H. N., xxxv., 33. — Cap. 
tol., Gord., 3.— Vopisc, Carin., 18.) —4. (Pomp., I., pi. 32.) 

477 



GLANS. 



GLECHON. 



bj a mirmillo ; the former is holding up his hand to 
the people to implore mercy, while the latter appa- 
rently wishes to become his enemy's executioner 
before receiving the signal from the people, but the 
lanista holds him back. In the other combat a 
mirmillo is mortally wounded by a Samnite. 

It will be observed that the right arm of every 
figure is protected by armour, which the left does 
not require, on account of the shield. 1 (Vid. Besti- 
. mi, Venatio.) 

♦GLADIOLUS (%i<piov and cpaaydviov), Corn-flag 
or Sword-grass. Gaza, in his version of Theophras- 
tus, renders the Greek term by ensis. The people of 
Zante call it, at the present day, aypioKotcopog ; the 
rest of the modern Greeks, aizadoKvprov. Sibthorp 
found a variety, which he names G. triphyllus. The 
botanical name for the Gladiolus of the ancients is 
G. communis or vulgaris. This is found in the 
fields of the iEgean islands at the beginning of 
spring. 2 

GLADIUS (%i<poc, poet, hop, <t>uayavov), a Sword 
or Glaive, by the Latin poets called ensis. The an- 
cient sword had generally a straight, two-edged 
blade (u/x^vKeg 3 ), rather broad, and nearly of equal 
width from hilt to point. Gladiators, however, used 
a sword which was curved like a cimiter.* In 
times of the remotest antiquity swords were, made 
of bronze, but afterward of iron. 5 The Greeks and 
Romans wore them on the left side (vid. p. 93 ; 
woodcut, p. 597 6 ), so as to draw them out of the 
sheath (vagina, KoTieog) by passing the right hand in 
front of the body to take hold of the hilt with the 
thumb next to the blade. Hence iEschylus dis- 
tinguishes the army of Xerxes by the denomination 
of ftaxaipofopov edvog," 1 alluding to the obvious dif- 
ference in their appearance in consequence of the 
use of the Acinaces instead of the sword. 

The early Greeks used a very short sword. ( Vid. 
woodcut, p. 94.) Iphicrates, who made various 
improvements in armour about 400 B.C., doubled 
its length, 8 so that an iron sword found in a tomb 
at Athens, and represented by Dodwell, 9 was two 
feet five inches long, including the handle, which 
was also of iron. The Roman sword, as was the 
case also with their other offensive weapons, was 
larger, heavier, and more formidable than the 
Greek. 10 Its length gave occasion to the joke of 
Lentulus upon his son-in-law, who was of very low 
stature, " Who tied my son-in-law to his sword?" 11 
To this Roman sword the Greeks applied the term 
GTTfWn, 1 * which was the name of a piece of wood of 
the same form used in weaving. (Vid. Tela.) The 
British glaive was still larger than the Roman. 13 In 
a monument found in London, and preserved at Ox- 
ford, the glaive is represented between three and 
four feet long. 14 

The principal ornament of the sword was be- 
stowed upon the hilt. 15 (Vid. Capulus.) 

Gladius was sometimes used in a wide sense, so 
as to include Pugio. 16 

GLANDES. (Vid. Funda.) 

* GLANS. "This term," observes Marty n, 
" seems to have been used by the Romans in the 
same sense that we employ the word Mast, name- 
ly, to indicate the fruit of the beech, oak, or other 
forest-trees. Thus the fruit of the beech is called 
glans by Pliny, l fagi glans, nuclei similisS But, 
strictly speaking, it means only such fruits as con- 



1. (Lipsius, Saturnalia.) — 2. (Dioscor., iv., 20, 22. — Theo- 
phrast., H. P., vii., 11. — Billerbeck, Flora Classica, p. 13.) — 3. 
(Horn., 11., x., 256.)— 4. (Mariette, Recueil, No. 92.)— 5. (Eurip., 
Phosn., 67, 529, 1438.— Virg., Mn., iv., 579.— Id. ib., vi., 260.)— 
P. (Sid. Apoll., Carm., 2.)— 7. (Pers., 56.)— 8. (Diod. Sic, xv., 
44.)— 9. (Tour, i., p. 443.)— 10. (Florus, ii., 7.)— 11. (Macrob., 
Snturn., ii.)— 12. (Arrian, Tact.)— 13. (Tac., Agric, 36.)— 14. 
(Montfaucon, Supplem., iv., p. 16.)— 15. (Virg., Mix., xii., 942.) 
— 13. (Aul. Gell.jix., 13.) 
478 



tain but one seed, which is covered at the lowei 
part with a husk, and is naked at the upper part . 
thus the fruit of an oak, which we commonly call 
an acorn, is properly a glans. * Glandem,' saja 
Pliny, ' qua proprie intelligitur, ferunt robur, qucrcut, 
cescuIus, cerrus, ilex, suber.'' " l 

*GLASTUM (iadrtg), Woad, or Isatis tinctoria, 
long celebrated for producing a dye of a beautiful 
blue colour. The ancient Britons, according to 
Caesar and other writers, stained their bodies with 
the juice of this plant, a custom which, according 
to Pliny, extended even to females. Two kinds of 
Isatis are mentioned by the ancient writers ; the 
domesticated, or sativa, the same with the /. tincto 
ria, and the wild, or dypia, corresponding to the / 
Lusitanica. 2 

*GLAUCTUM (ylavKiov), the Horned Poppy, 
named by Bauhin Papaver corniculatum, and by 
more modern botanists, Glaucium corniculatum, Curt. 
Sibthorp found it growing abundantly along the 
sandy shores of Greece. 3 

*GLAUCUS (yTiavKoc), the blue Shark, or Squa- 
lus Glaucus, called in French Le Chien de Mer. 
iElian describes the paternal care of this fish for its 
offspring in guarding it against dangerous foes : tto- 
Trjp 6' kv Ixdvcnv 6 yTiavKOc oloc tan ! k. r. X.* 

*GLAUX (yXavfr, " the Striz Bubo, L., known 
by the English names of Eagle Owl, Great Owl, 
and Great Horned Owl. The urog is the Strix 
Otus, or Horned Owl. The aiyuliog of Aristotle 
may be conjectured to be the Strix nyctea, or Great 
White Owl." 5 Dodwell, speaking of the owls in 
modern Greece, observes, " There are many varie- 
ties of owls at Athens ; the most common is the 
Strix passcrina, which is very small and tame, and 
is the same that is represented on Athenian coins. 
They have a particular note, of which their Greek 
name, KovKovdayta, is perfectly expressive, and to 
which that circumstance must have given rise, 
since, the cuckoo has received its appellation from 
a similar resemblance. It is a singular circum- 
stance, that the Athenians are pleased with seeing 
the bird of Minerva perch upon their houses. In 
all other countries it is supposed as anciently to 
portend calamity and death." The selection of the 
owl as the emblem of Minerva originated, as is 
thought, from the circumstance of this bird's hav- 
ing a particular air of intelligence, owing to the ele- 
vation of the facial line. 

*II. a plant, which Tragus and Bauhin are in- 
clined to refer to a species of Poly gala, or Milkwort ; 
but Sprengel follows Clusius in holding it to be the 
Astragalus Glaux. The English name of the As- 
tragalus is Milkvetch. 7 

*GLECHON (yhrixw), the Mentha pulcgium, or 
Pennyroyal. Apuleius says, " Graci Blechon, ahi 
Glechon, et Latini Pulegium." The former of these 
two Greek expressions, namely, Blechon (ffor/xuv), 
of which the other (Glechon) is merely a dialectic 
variation, comes, according to the ancient writers, 
from p?ivxv> " bleating," because the plant, when 
eaten by sheep and goats, makes them bleat. The 
Latin name pulegium was given to it because it 
was believed to kill fleas (pulices) by its odour. 
Two kinds of pulegium are mentioned by the an- 
cients, the domesticated (sativum) and wild (sylves- 
tre). Pliny gives a long enumeration of its medical 
properties, and cites the saying of Varro, that a 
crown of Pennyroyal was more fit to adorn an 
apartment than one of roses. The same writer 
distinguishes also between the male and female pu- 

1. (Martyn ad Virg., Georg., i., 305.)— 2. (Cses., E. G., v., 14. 
— Plin., H. N., xxii., 1. — Dioscor., ii., 215. — Billerbeck, Flora 
Classica, p. 174.)— 3. (Dioscor., iii., 90. — Adams, Append., f. v.) 
— 4. (iElian, N. A., i., 16. — Adams, Appor\d., s. v.) — 5. (Auani% 
Append., s. v.) — 6. (Dodwell, Tour, ii., jr. 43.) — 7. (DioKor.tr 
180. — Adams, Append., s. v.) 



GRAMMATEUS. 



GRAPHE. 



tegmm, which Dioscorides does not, and, botanically 
speaking, this distinction is a vicious one. Apulei- 
us, without douht following Pliny, says that the fe- 
male pulegium has a red flower, and the male a 
white one ; but he gives no preference for medical 
ourposes to either the one or the other kind. 1 

♦GLIS, the Rell-mouse, or Glis escvlentus, a 
branch of the Dormouse family. It is the fivogoc 
of the Greek writers, which is most probably the 
same with the ttetof of Aristotle. Linnaeus calls it 
the Myoxus Glis.' 2 

■*GLOTTIS (ylurric), the name of a bird men- 
tioned by Aristotle. "The most probable conjec- 
ture," says Adams, " which I can form respecting 
it, is, that it was the Totanus Glottis, Bechstein, 
called in English the Greenshank or Great Plover." 3 

*GLYCYRRHIZ'A (ylvKv^a), Liquorice. 
Sprengel, in his R. H. H., acknowledges it to be the 
Glycyrrhiza glabra ; but in his edition of Dioscori- 
des he prefers the G. glandulifera. Bauhin, Hill, 
Miller, and Dierbach agree that it is the variety of 
Liquorice now named G. capite cchinato, which is 
described by Dioscorides. Sibthorp also makes it 
to be the G. echinat* 

'GLYCYM'ARIS (ylvuv/iapic), a fish of the tes- 
taceous order. Coray inclines to refer it to the 
Area glycymaris, L. Lamarck makes it a distinct 
genus. 5 

*GLYCYS'IDE (yTivKvoldn), according to Dios- 
corides and Galen, a synonyme of the ncuovia. 
"The two species described by them," remarks 
Adams, " are most probably the Paonia officinalis, 
or Male Paeony, and the P. corallina. Stackhouse 
holds the y?^vKvaidrj of Theophrastus to be the P. 
nobilis." 6 

♦GNAPHAL'IUM (yvaduMov), according to Bau- 
hin, the "Herba impia n of Pliny, which he calls the 
Gnaphalium vuigare, but which is now termed G. 
Germanicum by British botanists. It is the common 
Cudweed of Great Britain. " This seems to be a 
probable view of the subject," remarks Adams, " but 
it becomes me to state that Sprengel, upon the au- 
thority of Matthiolus, Dodonaeus, and others, holds it 
to be a species of Lavender-cotton, namely, the 
Otanlhus maritimus, Zink." 7 

♦GNAPH'ALUS (yvbtyaloc), a bird of passage 
described by Aristotle. Buffon conjectures that it 
was the Bohemian Chatterer (Garrulus Bohemicus) ; 
an opinion discountenanced by Linnaeus, but which 
Adams considers a very probable one. 8 

GNOMON. (Vid. Horologium.) 

*GOBIUS (ko6i6c), the Sea Gudgeon or Gobey. 
Griffith thinks that the Gobey is the Phycis of the 
ancients, "the only fish that constructs a nest." 9 

*GOSSIPTON. The Cotton-tree. (Vid. EPI- 
0$OPON AENAPON.) 

GRADUS COGNATIONIS. (Vid. Cognati.) 

GRAMM'ATEUS (ypafifiarevc), a Clerk or Scribe. 
Among the great number of scribes employed by 
the magistrates and government of Athens, there 
were three of a higher rank, who were real state 
officers. 10 Their functions are described by Pollux. 11 
One of them was appointed by lot, by the senate, to 
serve the time of the administration of each pry- 
tany, though he always belonged to a different pry- 
tany from that which was in power. He was 
therefore called ypafi/xarevc Kara npvraveiav. 12 His 
province was to keep the public records, and the de- 

■ * . 

1. (Nicand., Alex., 128. — Dioscor., iii., 33. — Plin., H. N., XX.., 
14.)— 2. (Aristot., II. A., viii., 19. — Adams, s. v. i\ci6$.) — 3. 
(Aristot., II. A., viii., 14. — Adams, Append., s. v.)— 4. (Dioscor., 
hi., 7. — Adams, Append., s, v. — Billerbeck, Flora Classica, p. 
192.)— 5. (Plin., H. N., xxxii., 11.— Adams, Append., s. v.)— 6. 
(Theophrast., ix., 9.--Dioscor., iii., 147.— Nicand., Thcr., 940.— 
Adams, Append., s. v.) — 7. (Dioscor., iii., 122. — Adams, Append., 
». v.)— 8. (Aristot., H. A., ix., 16.)— 9. (Griffith's Cuvier, vol. 
x., p. 236.)— 10. (Suidas, 8. v.)— 11. (Onom., viii., 98.)— 12. (De- 
mo«th.. c. Timocrat., p. 720.) 



crees of the people which were made during t»* 
time of his office, and to deliver to the thesrnolhetsc 
the decrees of the senate. 1 Demosthenes, in an- 
other passage, 2 states that the public documents, 
which were deposited in the Metroon, were in the 
keeping of a public slave ; whence we must suppose, 
with Schomann, 3 that this servant, whose office waa 
probably for life, was under the ypa/iuarevc, and was 
his assistant. Previous to the archonshipof Euclei- 
des, the name of this scribe was attached to the 
beginning of every decree of the people ;* and the 
name of the ypafifiarevc who officiated during the 
administration of the first prytany in a year was, like 
that of the archon eponymus, used to designate the 
year. 

The second ypafiuarevc was elected by the senate 
by xupoTovia, and was intrusted with the custody 
"of the laws (em rovg vSfiovc 5 ). His usual name was 
ypafifiarevc rf/c ftovTiijc, but in inscriptions he ia 
also called ypafifiarevc ruv (3ov?\,evr£)v. 6 Farthei 
particulars concerning his office are not known. 

A third ypafifiarevc was called ypafifiarevc rfjc iro- 
7.eoc, 1 or ypafifiarevq rf/c (SovXijc nal rov 6-rjfiov. He 
was appointed by the people by x^ l 9 OTOV, - a i an< l tne 
principal part of his office was to read any laws or 
documents which were required to be read in the 
assembly or in the senate. 9 

A class of scribes inferior to these were those 
persons who were appointed clerks to the several 
civil or military officers of the state, or who served 
any of the three ypa/ifiareic mentioned above as 
under-clerks (v-Koypafifiareic 9 ). These persons were 
either public slaves or citizens of the lower orders, 
as appears from the manner in which Demosthenes 
speaks of them, and were not allowed to hold their 
office for two succeeding years. 10 

Different from these common clerks were the 
avnypafyelc, checking-clerks or counter- scribes, who 
must likewise be divided into two classes, a lower 
and a higher one. The former comprised those 
who accompanied the generals and cashiers of the 
armies, 11 who kept the control of the expenditure 
of the sacred money, &c. 12 The higher class of 
avTiypapelc, on the other hand, were public officers. 
Their number was, according to Harpocration, 13 
only two, the uvriypafyevc rf/c diomriceuc, and the 
avriypafyevc rf/c (3ov?.f,c. The office of the former 
was to control the expenditure of the public treasu- 
ry (6iolkt]glc) ; the latter was always present at the 
meetings of the senate, and recorded the accounts 
of money which was paid into the senate. 1 * He had 
also to lay the account of the public revenue before 
the people in every prytany, so that he was a check 
upon the anoSeKrai. He was at first elected by thtf 
people by x u ? 0T0V ' ia i Dut was afterward appointee 
by lot. 15 

The great number of clerks arid counter-clerks a* 
Athens was a necessary consequence of the insti 
tution of the evdvvrj, which could not otherwise 
have been carried into effect. 16 

GRAPHE (ypa$r t ), in its most general accepta- 
tion, comprehends all state trials and criminal pros 
ecutions whatever in the Attic courts ; but in its 
more limited sense, those only which were not dis- 



1. (Demosth., 1. c.)— 2. (De Fals. Leg., p. 381.)— 3. (De Co 
mit., p. 302, transl.) — 4. (Schomann, p. 132, &c. — Cornpars 
Bol'LE, p. 69.) — 5. (Pollux, 1. c— Demosth., c. Timocr., p. 713 
— DeCoron.,p.238.)— 6. (Bockh, Staatsh., i., p. 201.)— 7. (Thu 
cyd., vii., 10.) — 8. (Pollux, 1. c. — Demosth., De Fals. Leg., p 
419. — Id., c. Leptin., p. 485. — Suidas-, s. v.)— 9. (Demosth., Ds 
Fals. Leg., p. 419. — Id., De Coron., p. 314. — Antiphon, De Cho- 
reut.. p. 792. — Lysias, c. Nicom., p. 864.) — 10. Lysias, c. Nicom., 
p. 864, according to the interpretation of this passage by Bockh, 
Staatsh. i., p. 203.)— 11. (Demosth., De Cherson., p. 101.)— 12 
(Bockh, Staatsh., i., p. 198.)— 13. (s. v.)— 14. (Compare Pollux, 
Onom., viii., 98 — Suidas. s. v.) — 15. (iEschin., c. Ctes., p. 417 
—Pollux, 1. c.)— 16. (Vid. Schomann, De Comit., p. 302, &c— 
Bockh, Staatsh., i., p. 198, &c— Hermann, Polit. Antic^, ♦ 1ST, 
n. 17 and 18.) 

479 



GRAPHE. 



GUBERNACULUM 



ttnguished as the evdvvij, hdeitjic, tlaayyzXia by a 
special name and a peculiar conduct of the proceed- 
ings. The principal characteristic differences be- 
tween public and private actions are enumerated 
under Dice, and the peculiar forms of public pros- 
ecutions, such as those above mentioned, are sep- 
arately noticed. Of these forms, together with that 
of the ypafyfi, properly so called, it frequently hap- 
pened that two or more were applicable to the same 
cause of action * and the discretion of the prosecu- 
tor in selecting the most preferable of his available 
remedies was attended by results of great impor- 
tance to himself and the accused. If the prosecu- 
tor's speech (Karnyopia), and the evidence adduced 
by him, were insufficient to establish the aggrava- 
ted character of the wrong in question, as indicated 
by the form of action he had chosen, his ill-judged 
ngour might be alleged in mitigation of the punish- 
ment by the defendant in his reply (airo?<,oyia), or 
upon the assessment of the penalty after judgment 
given ; and if the case were one of those in which the 
dicasts had no power of assessing (uTtjLtTjrog ypafyrf), 
it might cause a total failure of justice, and even 
render the prosecutor liable to a fine or other pun- 
ishment. 1 

The courts before which public causes could be 
tried were very various ; and, besides the ordinary 
heliastic bodies under the control of the nine ar- 
chons, or the generals, or logistse, the council, and 
even the assembly of the people, occasionally became 
judicial bodies for that purpose, as in the case of cer- 
tain docimasiae and eisangeliae. 2 The proper court 
in which to bring a particular action was, for the 
most part, determined by the subject-matter of the 
accusation. In the trial of state offences, it was, in 
general, requisite that the ostensible prosecutor 
should be an Athenian citizen in the full possession 
of his franchise ; but on some particular occasions, 3 
even slaves and resident aliens were invited to 
come forward and lay informations. In such cases, 
and in some eisangeliae and other special proceed- 
ings, the prosecution and conduct of the cause in 
court was carried on by advocates retained by the 
state (^vvr/yopot) for the occasion ; but with the ex- 
ception of these temporary appointments, the pro- 
tection of purely state interests seems to have been 
left to volunteer accusers. 

In criminal causes the prosecution was conduct- 
ed by the nvpiog in behalf of the aggrieved woman, 
minor, or slave ; his Tzpoardrrig probably gave some 
assistance to the resident alien in the commence- 
ment of proceedings, though the accusation was 
in the name of the person aggrieved, who also made 
his appearance at the trial without the intervention 
of the patron ;* and a complete foreigner would 
upon this occasion require the same or a still far- 
ther protection from the proxenus of his country. 
With the exception of cases in which the apagoge, 
ephegesis endeixis, or eisangelia was adopted, in 
the first three of which an arrest actually did, and in 
the last might take place, and accusations at the eu- 
thunae and docimasias, when the accused was, or 
was supposed by the law to be, present, a public 
action against a citizen commenced, like an ordina- 
ry lawsuit, with a summons to appear before the 
proper magistrate on a fixed day. 5 The anacrisis 
then followed {vid. (Anacrisis) ; but the bill of ac- 
cusation was called a ypatyrj or fyacig, as the case 
might be, and not an ly/cX^a or Xy^ig, as in pri- 
vate actions ; neither could a public prosecution be 
referred to an arbitrator (vid. Diaitetes) ; and if it 
were compromised, would in many cases render the 
iccuser liable to an action nadv^Eaeug, if not ipso 

1. (Demosth., c. Androt., 601.— Id., c. Meid., 523.)— 2. (Meier, 
Itt. Proc, p. 205, 268.)— 3. (Thucyd., vi., 28.— Lye., Pro Call., 
188.)— 4. (Meier, Att. Froc., 661.)— 5. (Plato, Euthyph., init.) 
480 



facto to a fine of a thousand drachmas. 1 The sarao 
sum was also forfeited when the prosecutor failed to 
obtain the voices of a fifth of the dicasts in Ell ca- 
ses except those brought before the archon that had 
reference to injury (kukuoic) done to women or or- 
phans ; and besides this penalty, a modified disfran 
chisement, as, for instance, an incapacity to bring a 
similar accusation, was incurred upon several occa- 
sions. Upon the conviction of the accused, if the 
sentence were death, the presiding magistrate of 
the court delivered the prisoner, who remained in 
the custody of the Scythae during the trial, to the 
Eleven, whose business it was to execute judgment 
upon him. ( Vid. Eleven, The.) If the punishment 
were confiscation of property, the demarchs made 
an inventory of the effects of the criminal, which 
was read in the assembly of the people, and deliv- 
ered to the poletae, that they might make a sale of 
the goods, and pay in the proceeds to the public 
treasury. 3 

GREGORIA'NUS CODEX. (Vid. Codex Grk 

GORIANUS.) 

GROSPHOS (y P 6(j<l>og). (Vid. Hasta.) 
GUBERNA'CULUM, ant. GUBERNUM (nrjda- 
Xiov), a Rudder. Before the invention of the rudder, 
which Pliny 3 ascribes to Tiphys, the pilot of the 
ship Argo, vessels were both propelled and guided 
by oars alone. This circumstance may account for 
the form of the ancient rudder, as well as for the 
mode of using it. It was like an oar with a very 
broad blade, and was commonly placed on each side 
of the stern, not at its extremity. The annexed 
woodcut presents examples of its appearance as it 
is frequently exhibited on coins, gems, and other 
works of art. The figure in the centre is from one 
of Bartoli's lamps, 4 and displays a Triton blowing 
the Buccina, and holding a rudder over his shoul- 
der in his left hand. The first figure in the same 
woodcut is from a cameo in the Stosch collection. It 
represents a rudder with its helm or tiller (vid. Ansa, 
Clavus) crossed by the cornucopia. These two em 
blems of abundance and success are often found to- 
gether, especially in representations of Fortune. In 
the third figure, taken from another cameo in the 
same collection, Venus leans with her left arm upon 
a rudder, which indicates her origin from the sea 




The usual position of the rudder at the side of the 
stern is seen in the woodcuts at p. 58, 62, 69. 

The gubernaculum was managed by the gubcrna- 
tor* (KvSepvqTiis 6 ), who is also called the rector, as 
distinguished from the magister, 1 and by the Greek 
poets oiaKooTpotyog and oianovofiocf because he turns 
and directs the helm. 9 

1. (Meier, Att. Pros., 355.)— 2. (Meier, Att. Proc, 740, &c.J 
—3. (H. N., vii., 57.)— 4. (Luc. Ant., i., 5.)— 5. (Plaut., Rud., 
iv., 3, 75.— Sen., Epist., 86.)-6. (Horn., Od., iii., 279-283.— lb., 
xii., 217, 218.)— 7. (Virg., ^En., v., 161, 165.— Sen., Epist., 122.> 
—8. (jEsch., Prom. Vinct., 153, 524.— Pind., Isthm., iii., 89-)— 
9. (Plut., De Superst., V., vi., p. 646, ed. Reiske. — Oici«ca via- 
nQv : JEschyl., Sept. c. Theb., 3.) 



GYMNASIUM 



GYMNASIUM. 



A ship had sometimes one, but more commonly 
two rudders ; l and they were distinguished as the 
right and the left rudder (dextrum, sinistrum*). In 
the Caspian Sea, where the old practice not long 
ago remained in force, a modern traveller was nearly 
shipwrecked because the rudders were in the hands 
:>f two pilots who spoke different languages. To 
obviate such disasters among the ancients, the 
same steersman held both tillers, if the boat was 
small, as is clearly shown in the representation of 
one on a lamp. 3 In larger ships the extremities of 
the helms were joined by a pole, which was moved 
by one man, and kept the rudders always parallel. 
This construction is seen in the model of a ship 
which is preserved in the collection of Egyptian an- 
tiquities at Berlin, and which was discovered in the 
tomb of a priest. The contrivances for attaching 
the two rudders to one another, and to the sides of 
the ship, are called frvyTiat 4, and C,EVKTripiai. s 

Ships constructed with a double prow and stern 
{vid. AM$HIPTMNOI NHE2) had two rudders at 
each end. 6 In the great ship built at Alexandrea by 
Ptolemy Philopator, the four rudders were each 
thirty cubits in length. 7 
GUBERNA'TOK. (Vid. Gdbernaculum.) 
GUSTA'TIO. (Vid. Co3na, p. 275.) 
GUTTUS. (Vid. Baths, p. 151.) 
GYMNASIARCHES. (Vid. Gymnasium.) 
GYMNASION. (Vid. Gymnasium.) 
GYMNASIUM (yvfivdaiov). The whole educa- 
tion of a Greek youth was divided into three parts, 
grammar, music, and gymnastics (ypu/xfiara, (jlov- 
oikti, and yvfivaoriKr/ 6 ), to which Aristotle 9 adds a 
fourth, the art of drawing or painting. Gymnastics, 
however, were thought by the ancients a matter of 
such importance, that this part of education alone 
occupied as much time and attention as all the oth- 
ers put together ; and while the latter necessarily 
ceased at a certain period of life, gymnastics con- 
tinued to be cultivated by persons of all ages, though 
those of an advanced age naturally took lighter and 
less fatiguing exercises than boys and youths. 10 The 
ancients, and more especially the Greeks, seem to 
have been thoroughly convinced that the mind could 
not possibly be in a healthy state unless the body 
was likewise in perfect health, and no means were 
thought, either by philosophers or physicians, to be 
more conducive to preserve or restore bodily health 
ihan well-regulated exercise. The word gymnas- 
tics is derived from yv/xvoe (naked), because the 
persons who performed their exercises in public or 
private gymnasia were either entirely naked, or 
merely covered by the short x ir &v} 1 

The great partiality of the Greeks for gymnastic 
exercises was productive of infinite good : they 
gave to the body that healthy and beautiful develop- 
ment by which the Greeks excelled all other na- 
tions, and which, at the same time, imparted to their 
minds that power and elasticity which will ever be 
admired in all their productions. 13 The plastic art, 
in particular, must have found its first and chief 
nourishment in the gymnastic and athletic perform- 
ances ; and it may be justly observed, that the Greeks 
would never have attained their pre-eminence in 
sculpture had not their gymnastic and athletic ex- 
hibitions made the artists familiar with the beauti- 
ful forms of the human body and its various atti- 
tudes. Respecting the advantages of gymnastics 



1. (^lian, V. H., ix., 40.— Heliod., JEthiop., v., p. 241, ed. 
Comm- Acts, xxvii., 40.)— 2. (Hygin., Fab., 14.)— 3. (Bartoli, 
iii., 31.) — 4. (Eurip., Hel., 1556.) — 5. (Acts, xxvii.. 40.) — 6. 
(Tacit., Ann., ii., 6.)— 7. (Athen., v., 37.)— 8. (Plato, Theag-., p. 
122.— Plut., De Audit., c. 17.— Clitoph., p. 497.)— 9. (De Rep., 
vni., 3.) — 10. (Xen., Sympos., i., 7.— Lacian, Lexiph., 5.)— 11. 
(See the authorities in Wachsmuth, Hellen. Alterth., ii.. 2, p. 
33, and Becker's Charikles, i., p. 3JS. <kc.)— 12. (I.ucian, De 
Gvmnast., 15.) 



in a medical point of view, some remarks are made 
at the end of this article. But we must, at the samt 
time, confess, that at a later period of Greek histo- 
ry, when the gymnasia had become places of resort 
for idle loungers, their evil effects were no less stri- 
king. The chief objects for which they had origi- 
nally been instituted were gradually lost sight of, 
and instead of being places of education and train- 
ing, they became mere places of amusement. 

Gymnastics, in the widest sense of the word, 
comprehended also the agonistic and athletic arts 
(uyavioTLKT] and u^tjtcktj), that is, the art of those 
who contended for the prizes at the great public 
games in Greece, and of those who made gymnas- 
tic performances their profession. ( Vid. Athletes 
and Agonothetai.) Both originated in the gymna- 
sia, in as far as the athletae, as well as the agonis- 
tae, were originally trained in them. The athletae, 
however, afterward formed a distinct class of per- 
sons unconnected with the gymnasia ; while the 
gymnasia, at the time when they had degenerated, 
were in reality little more than agonistic schools, 
attended by numbers of spectators. On certain 
occasions, the most distinguished pupils of the gym- 
nasia were selected for the exhibition of public con- 
tests (vid. Lamfadophoria), so that, on the whole, 
there was always a closer connexion between the 
gymnastic and agonistic than between the gymnas- 
tic and athletic arts. In a narrower sense, however, 
the gymnasia had, with very few exceptions, nothing 
to do with the public contests, and were places of 
exercise for the purpose of strengthening and im- 
proving the body, or, in other words, places for 
physical education and training ; and it is chiefly in 
this point of view that we shall consider them in 
this article. 

Gymnastic exercises among the Greeks seem to 
have been as old as the Greek nation itself, as may 
be inferred from the fact that gymnastic contests 
are mentioned in many of the earliest legends of 
Grecian story ; but they were, as might be sup- 
posed, of a rude and mostly of a warlike character. 
They were generally held in the open air, and in 
plains near a river, which afforded an opportunity 
for swimming and bathing. The Attic legends, in- 
deed, referred the regulation of gymnastics to The- 
seus j 1 but, according to Galen, it seems to have 
been about the time of Cleisthenes that gymnastics 
were reduced to a regular and complete system. 
Great progress, however, must have been made as 
early as the time of Solon, as appears from some 
of his laws which are mentioned below. It was 
about the same period that the Greek towns began 
to build their regular gymnasia as places of exercise 
for the young, with baths, and other conveniences 
for philosophers and all persons who sought intel- 
lectual amusements. There was probably no Greek 
town of any importance which did not possess its 
gymnasium. In many places, such as Ephesus, 
Hierapolis, and Alexandrea in Troas, the remains 
of the ancient gymnasia have been discovered in 
modern times. Athens alone possessed three great 
gymnasia, the Lyceum (Avueiov), Cynosarges (Ku- 
voadpyqc), and the Academia (' knadrifiLa) ; to which, 
in later times, several smaller ones were added. 
All buildings of this kind were, on the whole, built 
on the same plan, though from the remains, as well 
as from the descriptions still extant, we must infer 
that there were many differences in their detail. 
The most complete description of a gymnasium 
which we possess is that given by Vitruvius, 2 which, 
however, is very obscure, and at the same time de- 
fective, in as far as many parts which seem to have 
been essential to a gymnasium are not mentioned 
in it. Among the numerous plans which have been 



1. (Pau«., i., 39, v 3.)— 2. 



(v., 11.) 
48 1 



OYMNAfct JM. 



GYMNASIUM. 



drawn, according to the description of Vitruvius, 
that of W. Newton, in his translation of Vitruvius, 
vol. i., fig. 52, deserves the preference. The follow- 
ing woodcut is a copy of it, with a few alterations. 




Wo 1 
ft_ft <?!> 
£„«. ft. ft_ 

AW 



^Q_^,^ ... 
C ft. O <2- 






"tr<L «_■< 



Mm I f-t 1 — i p-t r 

— rti — ii iL__j — l. -li j. 4 




IrnrT 1 — p"t — i i - i — 



»h 



R» 



L. 



I 
-1 
JL_J I 



The peristylia (D) in a gymnasium, which Vitru- 
vius incorrectly calls palaestra, are placed in the 
form of a square or oblong, and have two stadia 
(1200 feet) in circumference. They consist of four 
porticoes. In three of them (A B C), spacious exe- 
drae, with seats, were erected, in which philosophers, 
rhetoricians, and others, who delighted in intellect- 
ual conversation, might assemble. A fourth portico 
(E), towards the south, was double, so that the 
interior walk was not exposed to bad weather. 
The double portico contained the following apart- 
ments : The Ephebeum (F), a spacious hall with 
seats, is in the middle, and by one third longer than 
broad. On the right is the Coryceum (G), perhaps 
the same room which in other cases was called 
Apodyterium ; then came the Conisterium (H), ad- 
joining ; and next to the Conisterium, in the re- 
turns of the portico, is the cold bath, lovrpov (I). 
On the left of the Ephebeum is the Elaeothesium, 
where persons were anointed by the aliptae (K). 
Adjoining the Elaeothesium is the Frigidarium (L), 
the object of which is unknown. From thence is 
the entrance to the Propnigeum (M), on the returns 
of the portico ; near which, but more inward, be- 
hind the place of the frigidarium, is the vaulted 
sudatory (N), in length twice its breadth, which has 
on the returns the Laconicum (0) on one side, and 
opposite the Laconicum, the hot bath (P). On the 
outside three porticoes are built : one (Q) in pass- 
ing out from the peristyle, and on the right and left 
the two stadial porticoes (R S), of which the one 
(S) that faces the north is made double and of great 
breadth, the other (R) is single, and so designed 
that in the parts which encircle the walls, and which 
adjoin to the columns, there may be margins for 
paths not less than ten feet ; and the middle is so 
excavated that there may be two steps, a foot and 
a half in descent, to go from the margin to the plane 
(R), which plane should not be less in breadth than 
12 feet ; by this means, those who walk about the 
margins in their apparel will not be annoyed by 
those who are exercising themselves. This portico 
is called by the Greeks I-votos, because in the winter 
eeason the athletae exercised themselves in these 
covered stadia. The Zvoroq had groves or planta- 
tions between the two porticoes, and walks between 
the trees, with seats of signine work. Adjoining to 
482 



the %votoq (R) and double portico (S) are the un 
covered walks (U), which in Greek are called ira- 
padpofiideg, to which the athletae, in fair weather, 
go from the winter-xystus to exercise. Beyond the 
xystus is the stadium (W), so large that a multitude 
of people may have sufficient room to behold the 
contests of the athletae. 

It is generally believed that Vitruvius, in this 
description of his gymnasium, took that of Naples 
as his model; but two important parts of other 
Greek gymnasia, the apodyterium and the sphaeris- 
terkim, are not mentioned by him. The Greeks 
bestowed great care upon the outward and inward 
splendour of their gymnasia, and adorned them with 
the statues of gods, heroes, victors in the public 
games, and of eminent men of every class. Hermes 
was the tutelary deity of the gymnasia, and hia 
statue was consequently seen in most of them. 

The earliest regulations which we possess con 
cerning the gymnasia are in the laws of Solon. 
One of these laws forbade all adults to enter a 
gymnasium during the time that boys were taking 
their exercises, and at the festival of the Hermaea. 
The gymnasia were, according to the same law, not 
allowed to be opened before sunrise, and were to be 
shut at sunset. 1 Another law of Solon excluded 
slaves from gymnastic exercises. 2 Boys who were 
children of an Athenian citizen and a foreign mother 
(vodoi), were not admitted to any other gymnasium 
but the Cynosarges. 3 Some of the laws of Solon, 
relating to the management and the superintendence 
of the gymnasia, show that he was aware of the 
evil consequences which these institutions might 
produce, unless they were regulated by the strictest 
rules. As we, however, find that adults also fre- 
quented the gymnasia, we must suppose that, at 
least as long as the laws of Solon were in force, the 
gymnasia were divided into different parts for per- 
sons of different ages, or that persons of different 
ages took their exercises at different times of the 
day.* The education of boys up to the age of six- 
teen was divided into the three parts mentioned 
above, so that gymnastics formed only one depart- 
ment ; but during the period from their sixteenth to 
their eighteenth year, the instruction in grammar 
and music seems to have ceased, and gymnastics 
were exclusively pursued. In the time of Plato the 
salutary regulations of Solon appear to have been 
no longer observed, and we find persons .of all ages 
visiting the gymnasia. 5 Athens now possessed a 
number of smaller gymnasia, which are sometimes 
called palaestrae, in which persons of all ages used 
to assemble, and in which even the Hermaea were 
celebrated by the boys, while formerly this solem- 
nity had only been kept in the great gymnasia, and 
to the exclusion of all adults. 6 These changes, and 
the laxitude in the superintendence of these public 
places, caused the gymnasia to differ very little 
from the schools of the athletae ; and it is, perhaps, 
partly owing to this circumstance that writers of 
this and subsequent times use the words gymnasi 
um and palaestra indiscriminately. 7 

Married as well as unmarried women were, at 
Athens and in all the Ionian states, excluded from 
the gymnasia ; but at Sparta, and in some other 
Doric states, maidens, dressed in the short x i ™ v \ 
were not only admitted as spectators, but also took 
part in the exercises of the youths. Married women, 
however, did not frequent the gymnasia. 8 

Respecting the superintendence and administra- 
tion of the gymnasia at Athens, we know that Solon 



1. (JSschin., c. Timarch., p. 38.)— 2. (iEschin., c. Timarch., 
p. 147.— Plut., Solon, 1.— Demosth., c. Timoor., p. 736.)— 3. 
(Plut., Them., 1.)— 4. (Bockh, Corp. Inscrip., n. 246 and 2214.) 
— 5. (Plat., De Rep., v., p. 452.— Xen., Sympos., ii., 18.)— 6. 
(Plat., Lys., p. 206.)— 7. (Becker, Charikles, L, p. 341.)— 8 
(Plat., DeLeg., vii., p. 806.) 



GYMNASIUM. 



GYMPUSIbM. 



in his legislation thought them worthy of great at- 
tention ; and the transgression of some of his laws 
relating to the gymnasia was punished with death. 
His laws mention a magistrate, called the gymnasi- 
arch (yv/j.vaaiapxor or yvpvactdpxv?), who was in- 
trusted with the whole management of the gymnasia, 
and with everything connected therewith. His 
office was one of the regular liturgies, like the cho- 
regia and trierarchy, 1 and was attended with con- 
siderable expense. He had to maintain and pay 
the persons who were preparing themselves for the 
games and contests in the public festivals, to pro- 
vide them with oil, and perhaps with the wrestlers' 
dust. It also devolved upon him to adorn the gym- 
nasium, or the place where the agones took place. a 
The gymnasiarch was a real magistrate, and in- 
vested with a kind of jurisdiction over all those 
who frequented or were connected with the gym- 
nasia ; and his power seems even to have extended 
beyond the gymnasia, for Plutarch 3 states that he 
watched and controlled the conduct of the ephebi 
in general. He had also the power to remove from 
the gymnasia teachers, philosophers, and sophists, 
whenever he conceived that they exercised an in- 
jurious influence upon the young.* Another part 
of his duties was to conduct the solemn games at 
certain great festivals, especially the torch-race 
{Aap-adrj^opla), for which he selected the most dis- 
tinguished among the ephebi of the gymnasia. The 
number of gymnasiarchs was, according to Libani- 
us on Demosthenes, 5 ten, one from every tribe. 6 
They seem to have undertaken their official duties 
in turns, but in what manner is unknown. Among 
the external distinctions of a gymnasiarch were a 
purple cloak and white shoes. 7 In early times the 
office of gymnasiarch lasted for a year, but under 
the Roman emperors we find that sometimes they 
held it only for a month, so that there were 12 or 
13 gymnasiarchs in one year. 8 This office seems 
to have been considered so great an honour, that 
even Roman generals and emperors were ambitious 
to hold it. Other Geeek towns had, like Athens, 
their own gymnasiarchs, but we do not know wheth- 
er, or to what extent, their duties differed from the 
Athenian gymnasiarch. In Cyrene the office was 
sometimes held by women. 

Another office which was formerly believed to be 
connected with the superintendence of the gymna- 
sia is that of xystarchus (^vcrrdpxog). But it is not 
mentioned previous to the time of the Roman em- 
perors, and then only in Italy and Crete. Krause 9 
has shown that this office had nothing to do with 
the gymnasia properly so called, but was only con- 
nected with the schools of the athletae. 

An office which is likewise not mentioned before 
the time of the Roman emperors, but was, never- 
theless, decidedly connected with the gymnasia, is 
that of Cosmetes. He had to arrange certain 
games, to register the names, and keep the lists of 
the ephebi, and to maintain order and discipline 
among them. He was assisted by an anticosmetes 
2nd two hyposcosmetae. 10 

An office of very great importance, in an educa- 
tional point of view, was that of the sophronistae 
((judpoviarai). Their province was to inspire the 
youths with a love of ccj<f>poovvr}, and to protect 
this virtue against all injurious influences. In ear- 
ly times their number at Athens was ten, one from 
every tribe, with a salary of one drachma per day. 11 
Their duty not only required them to be present at 
all the games of the ephebi, but to watch and correct 



1. (Ieau*, De Philoctem. hsred., p. 154.)— 2. (Xen., De Rep. 
Ath., i., 13.)— 3. (Amator., c. 9, &c.) — 4. (^Eschin., c. Timarch.) 
—5. (c. Meid., p. 510.)— 6. (Compare Demosth., c. Philip., p. 
50; c. Boeot., p. 996.— Isa-.us, De Menecl., c. 42.)— 7. (Plut., 
Anton., 33.)— 8, (Krause, Theagenes, i., p. 218.)— 9. (lb., p. 
222.) -10. (Krause, ib., p. 228, «fcc.)— 11. (Etymol. Mag., s. v.) 



their conduct wherever they might meet them, both 
within and without the gymnasium. At the time 
of the Emperor Marcus Aurelius, only six sophro- 
nistae, assisted by as many hyposophronistae, arc 
mentioned. 1 

The instructions in the gymnasia were given by 
the gymnastee (yvpvaaral) and the paedotribae (ircu 
dorpidai) ; at a later period hypopaedotribae were ad- 
ded. The paedotribes was required to possess a 
knowledge of all the various exercises which were 
performed in the gymnasia ; the gymnastes was 
the practical teacher, and was expected to know the 
physiological effects and influences on the constitu- 
tion of the youths, and therefore assigned to each of 
them those exercises which he thought most suita- 
ble. 3 These teachers weie usually athletae who had 
left their profession, or could not succeed in it. 3 

The anointing of the bodies of the youths, and 
strewing them with dust, before they commenced 
their exercises, as well as the regulation of their 
diet, was the duty of the aliptae. (Vid. Aliptme.) 
These men sometimes also acted as surgeons or 
teachers.* Galen 5 mentions, among the gymnastic 
teachers, a afyaipioTiKoq, or teacher of the various 
games at ball ; and it is not improbable that in some 
cases particular games may have been taught by 
separate persons. 

The games and exercises which were performed 
in the gymnasia seem, on the whole, to have been 
the same throughout Greece. Among the Dorians, 
however, they were regarded chiefly as institutions 
for hardening the body and for military training , 
among the Ionians, and especially the Athenians, 
they had an additional and higher object, namely, 
to give to the body and its movements grace and 
beauty, and to make it the basis of a healthy and 
sound mind. But among all the different tribes of 
the Greeks, the exercises which were carried on in 
a Greek gymnasium were either mere games, or 
the more important exercises which the gymnasia 
had in common with the public agones in the great 
festivals. 

Among the former we may mention, 1. The ball 
{ofyaipioLg, a<paipo/j.axia, &c.), which was in univer- 
sal favour with the Greeks, and was here, as at 
Rome, played in a variety of ways, as appears from 
the words uiroppat-tc;, kitianvpog, (jxzivivda or dpwaa- 
tov, &c. 6 Every gymnasium contained one large 
room for the purpose of playing at ball in it (~(j>at- 
piGrfipiov). 2. Ilai&tv eAKvarivda, dieAKVGTcvda, or 
6lu. ypapprjg, was a game in which one boy, holding 
one end of a rope, tried to pull the boy who held 
its other end across a line marked between them 
on the ground. 3. The top (/Sfytfo^, i3ifi6t^ y (ioptoq, 
crp66L?iog), which was as common an amusement 
with Greek boys as in our own days. 4. The 
TrevT&Tiidoc, which was a game with five stones, 
which were thrown up from the upper part of the 
hand and caught in the palm. 5. 'ZKanipda, which 
was a game in which a rope was drawn through the 
upper part of a tree or a post. Two boys, one on 
each side of the post, turning their backs towards 
one another, took hold of the ends of the rope and 
tried to pull each other up. This sport was also 
one of the amusements at the Attic Dionysia. 7 
These few games will suffice to show the character 
of the gymnastic sports. 

The more important games, such as running (dpo- 
fioc), throwing of the dioicog and the ukcjv, jumping 
and leaping (uApa, with and without dAr?/pec)> wrest 
ling (~d?.7]), boxing {~vyp.fi), the pancratium (Tray/cpa 

1. (Krause, ib., p. 231, &c.)— 2. (Galen, De Valet, tuend., ii., 
9, 11.— Arist., Polit. Antiq., viii., 3, 2.)— 3. (^Elian, V. H., ii., 6. 
— Galen, 1. c— Id., ii., 3. &c.)— 4. (Plut., Dion., c. 1.)— 5. (I.e.— 
Id., ii., 1 1.)— 6. (Plat., De Leg., vii., p. 797.— Compare Gronov. ad 
Plaut., Curcul.,ii., 3, 17, and Becker, Gallus, i., 270.)— 7. (H»- 

BTCh., S. V.) 

4S^ 



GYMNASIUM. 



GYMNASIUM. 



rtov), KevTaQ'koe, lafX7radrj(f>opia, dancing (bpxf/aig), 
&c, are described in separate articles. 

A gymnasium was, as Vitruvius observes, not a 
Roman institution, and Dionysius of Halicarnassus 1 
expressly states that the whole ayuviariKT} of the 
Romans, though it was practised at an early period 
in the Ludi Maximi, was introduced among the Ro- 
mans from Greece. Their attention, however, to 
developing and strengthening the body by exercises 
was considerable, though only for military purposes. 
The regular training of boys in the Greek gymnas- 
tics was foreign to Roman manners, and even held 
in contempt. 2 Towards the end of the Republic, 
many wealthy Romans, who had acquired a taste 
for Greek manners, used to attach to their villas 
small places for bodily exercise, sometimes called 
gymnasia, sometimes palaestrae, and to adorn them 
with beautiful works of art. 3 The Emperor Nero 
was the first who built a public gymnasium at 
Rome ;* another was erected, by Commodus. 5 But, 
although these institutions were intended to intro- 
duce Greek gymnastics among the Romans, yet 
they never gained any great importance, as the 
magnificent thermae, amphitheatres, and other colos- 
sal buildings had always greater charms for the Ro- 
mans than the gymnasia. 

For a fuller account of this important subject, 
which has been necessarily treated with brevity in 
this article, the reader is referred to Hieronymus 
Mercurialis, De Arte Gymnastica, Libri vi., 1st ed., 
Venice, 1573, 4th ibid., 1601.— Burette, Histoire des 
Athletes, in the Mem. de l'Acad. des Inscript., i., 3. 
— J. H. Krause, Theagenes, oder wissenschaftliche 
Darstellung der Gymnastik, Agonistik,und Festspiele 
der Hcllenen, Halle, 1835, — G. Lobker, Die Gymnas- 
tik der Hellenen, Miinster, 1835 — Wachsmuth, Hel- 
len. Alterth., ii., 2, p. 51-64. — Muller, Dor., iv., 5, § 
4, &c. — Becker, Gallus, i., p. 270, &c. — Charikles, 
I, p. 309-345. The various histories of the educa- 
tion among the ancients, such as those of Hoch- 
heimer, Sctwarz, Cramer, and others, likewise con- 
tain much useful information on the subject. 

The Relation of Gymnastics to the Medical Art. — 
The games of the Greeks had an immediate influ- 
ence upon the art of healing, because they consid- 
ered gymnastics to be almost as necessary for the 
preservation of health as medicine is for the cure 
of diseases. 6 It was for this reason that the gym- 
nasia were dedicated to Apollo, the god of physi- 
cians. 7 The directors of these establishments, as 
well as the persons employed under their orders, 
the bathers or aliptae, passed for physicians, and 
were called so, on account of the skill which long 
experience had given them. The directors, called 
TralaioTpofyvlaKec, regulated the diet of the young 
men brought up in the gymnasia ; the sub-directors, 
or Gymnasta, prescribed for their diseases ; 8 and 
the inferiors or bathers, aliptae, intraliptae, practised 
blood-letting, administered clysters, and dressed 
wounds, ulcers, and fractures. 9 Two of these di- 
rectors, Iccus of Tarentum and Herodicus of Se- 
lymbria, a town of Thrace, deserve particular no- 
tice for having contributed to unite more closely 
medicine and gymnastics. Iccus, who appears to 
have lived before Herodicus (Olymp. lxxvii. 10 ), gave 
his chief attention to correcting the diet of the wrest- 
lers, and to accustoming them to greater modera- 
tion and abstemiousness, of which virtues he was 

1. (Ant. Rom., vii., 70-72.)— 2. (Plut., Quaest. Rom., 40.)— 3. 
(Cic. ad Att., i., 4.— Id., c. Verr., iii., 5.)— 4. (Sueton., Ner., 
12.)— 5. (Herod., i., 12, 4.) — 6. (Hippocrates, " De Locisin Hom- 
ine," torn, ii., p. 138, ed. Kiihn. — Timseus Locrensis, " De Anima 
Mundi," p. 564, in Gale's Opusc. Mythol.) — 7. (Plut., Symp., 
viii., 4, $ 4.)— 8. (Plat., De Leg., xi., p. 916.)— 9. (Plat., De 
Leg., iv., p. 720. — Celsus, De Medic, i., 1. — Plin., H.N., xxix., 
2.)— 10. (Steph. Byz., s. v. Tapds, p. 693.— Compare Paus., vi., 
10, 2.) 

484 



himse.T a perfect model. 1 Plato considers him, a * 
well as Herodicus, to have been one of the inven- 
tors of medical gymnastics. 3 Herodicus, who is 
sometimes called Prodicus, 3 lived at Athens a short 
time before the Peloponnesian war. Plato says 
that he was not only a sophist,* but also a master of 
the gymnasium 5 and physician, 6 and, in fact, he uni- 
ted in his own person these three qualities. Hp 
was troubled, says the same author, with very weak 
health, and tried if gymnastic exercises would not 
help to improve it ; and having perfectly succeeded, 
he imparted his method to others. Before him 
medical dietetics had been entirely neglected, espe- 
cially by the Asclepiadae. 7 If Plato's account may 
be taken literally, 8 he much abused the exercise of 
gymnastics, as he recommended his patients tc 
walk from Athens to Megara, and to return as soor 
as they had reached the walls of the latter town 
The distance from Athens to Megara was 210 sta- 
dia, as we learn from Procopius. 9 Dio Chrysos- 
tom calls it a day's journey. 10 Modern travellers 
reckon eight hours. 11 The author of the sixth 
book De Morb. Vulgar. 12 agrees with Plato : " He- 
rodicus," says he, "caused people attacked with 
fever to die, from walking and too hard exercise, 
and many of his patients suffered much from dry 
rubbing." A short time after we find, says Fuller, 13 
that Hippocrates, 1 * with some sort of glory, assumes 
to himself the honour of bringing that method to a 
perfection, so as to be able to distinguish TroTspovrb 
gitLov Kpareei tovc novovc, rj ol ttovol ra aria, r) fier- 
plcoc exet npbc aXhrfka, as he expresses it. Pursu- 
ant to this, we find him in several places of his 
works recommending several sorts of exercises 
upon proper occasions ; as, first, friction or chafing, 
the effects of which he explains, 15 and tells us that, 
as in some cases it will bring down the bloatedness 
of the solid parts, in others it will incarn and cause 
an increase of flesh, and make the part thrive. He 
advises 16 walking, of which they had tw r o sorts, 
their round and straight courses. He gives his 
opinion'* 7 of the 'Avanivn/iaTa, or preparatory exer- 
cises, which served to warm and fit the wrestlers 
for the more vehement ones. In some cases he 
advises the TiaXfj, or common wrestling, 18 and the 
'kKpoxeipiri, or wrestling by the hands only, without 
coming close, and also the KupvKOfxaxiv, or the ex- 
ercise of the Corycus, or the hanging ball ; 19 the 
Xeipovo/j.171, a sort of dexterous and regular motion 
of the hands and upper parts of the body, something 
after a military manner ; the 'Aliv6r]aic, or rolling in 
sand ; and once 20 we find mentioned, with some ap- 
probation, the 'Hireipoi "Itcttol, Equi Indefiniti, by 
which is probably meant galloping long courses 
in the open field. 

As for Galen, he follows Hippocrates in this as 
closely as in other things, and declares his opinion 
of the benefit of exercises in several places ; his 
second book, " De Sanitate Tuenda," is wholly upon 
the use of the strigil, or the advantage of regular 
chafing : he has written a little tract, Uepl tov 6td 
MiKpar lipaipac Tv/iivaaiov, wherein he recommends 
an exercise, by which the body and mind are both 
at the same time affected. In his discourse to 
Thrasybulus, UoTspov 'larptKr)^ 7/ YvfivaariK^c eari rd 
'TyuLvov, he inveighs against the athletic and other 

1. (Plat., De Leg., viii., p. 840.— ^Elian, V. H., xi., 3.— Id., 
Hist. An., vi., i.) —2. (Plat., Protag.. t) 20, p. 316.— Lucian, De 
Conscrib. Hist., I) 35, p. 626.)— 3. (Plin., H. N., xxix., 2.)— 4. 
(Plat., Protag., 1. c.)— 5. (Id., Rep., iii., p. 406.)— 6. (Id., Gorg., 
$ 2, p. 448.)- 7. (Id., Rep., iii., p. 406.)-8. (Id., Ph-edr., p. 228.) 
—9. (Bell. Vand.,i., 1.)— 10. (Orat., vi.)— 11. (Dodwell, Class. 
Tour, ii., p. 177. — Cramer's Anc. Greece, vol. ii., $ 13, p. 430.) 
12. (Hippocr., Epidem., vi., c. 3, torn, iii., p. 599.) — 13. (Medi- 
cina Gymnastica, &c, Lond., 1718, 8vo.) — 14. (De Vict. Rat., iii., 
torn, i., p. 716.) — 15. (De Vict, Rat., ii., p 701.)— 16. (lb., p. 
700.)— 17. (lb., p. 701.)— 18. (Ibid.) — 19. (Vid. Antyllus, ap 
Mercur., De Arte Gymn., p. 123.)— 20. (Po., p. 700.) 



GYMNASIUM. 



GYMNOPAIDIA. 



riolent practices of the gymnasium, but approves of 
the more moderate exercises as subservient to the 
ends of a physician, and, consequently, part of that 
art. The other Greek writers express a similar 
opinion ; and the sense of most of them in this 
matter is collected in Oribasius's " Collecta Medici- 
nalia." In those remains which are preserved of 
the writings of Antyllus, we read of some sorts of 
exeicises that are not mentioned by Galen or any 
former author ; among the rest, the Cricilasia, as the 
translators by mistake call it, instead of Crico'elasia. 
This, as it had for many ages been disused, Mercu- 
rialis himself, who has made the most judicious in- 
quiries into this subject, 1 does not pretend to ex- 
plain ; and I believe, says Freind, 2 though we have 
the description of it set down in Oribasius, 3 it will 
be hard to form any idea of what it was. 

The ancient physicians relied much on exercise 
in the cure of the dropsy,* whereas we almost to- 
tally neglect it. 5 Hippocrates 6 prescribes for one 
that has a dropsy ra?Mi7rcJpiai, or fatiguing exercises, 
and he makes use of the same word in his Epidem- 
ics, and almost always when he speaks of the regi- 
men of a dropsical person, implying that, though it 
be a labour for such people to move, yet they must 
undergo it ; and this is so much the sense of Hip- 
pocrates, that Spon has collected it into one of the 
new Aphorisms which he has drawn out of his 
works. Celsus says of this case, 7 " Concutiendum 
multa gestatione corpus est." The Romans placed 
great reliance upon exercise for the cure of dis- 
eases ; and Asclepiades, who lived in the time of 
Pompey the Great, brought this mode of treatment 
into great request. He called exercises the common 
aids of physic, and wrote a treatise on the subject, 
which is mentioned by Celsus in his chapter " De 
Frietione," 8 but the book is lost. He carried these 
notions so far, that he invented the Lecti Pensiles, 9 or 
hanging beds, that the sick might be rocked to sleep ; 
which took so much at that time that they came 
afterward to be made of silver, and were a great 
pai-t of the luxury of that people ; he had so many 
particular ways to make physic agreeable, and was 
so exquisite in the invention of exercises to supply 
the place of medicine, that perhaps no man in any 
age ever had the happiness to obtain so general an 
applause ; and Pliny 10 says by these means he made 
himself the delight of mankind. About his time the 
Roman physicians sent their consumptive patients 
to Alexandrea, and with very good success, as we 
find by both the Plinys ; this was done partly for the 
change of air, but chiefly for the sake of the exer- 
cise by the motion of the ship ; and therefore Cel- 
sus says, 11 " Si vera Phthisis est, opus est longa nav- 
igatione ;" and a little after he makes Vehiculum 
and Navis to be two of the chief remedies. As for 
the other more common exercises, they were daily 
practised, as is manifest from Celsus, Caelius, Au- 
relianus, Theodorus Priscianus, and the rest of the 
Latin physicians. And we do not want instances 
of cures wrought by these means. Suetonius 13 tells 
us that Germanicus was cured of a " crurum gra- 
cilitas," as he expresses it (by which he probably 
moans an atrophy), by riding ; and Plutarch, in his 
life of Cicero, gives us an account of his weakness, 
and that he recovered his health by travelling, and 
excessive diligence in rubbing and chafing his body. 13 
Pliny 1 * tells us that Annaeus Gallio, who had been 
consul, w r as cured of a consumption by a sea voy- 

1. (De Arte Gymnustica, 4to, Atnstel., 1672.)— 2. (Hist, of 
Physic, vol. i.)— 3. (Coll. Medic, vi., 26.)— 4. (Compare Hor., 
Sp:st., I., ii.,34: " Si noles sanus,curres hydropicus.") — 5. (Al- 
exander TraUianus, De Medic, ix., 3, p. 524, ed. Basil.)— 6. (De 
Inteniis Affect., eect. 28, torn, ii., p. 518.) —7. (De Medic, iii., 
21, p. 152, ed. Argent.)-8. (De Medic, ii., 14, p. 82.)— 9. (Plin., 
II. N., xxvi., 8.) — 10. (Ibid., c 7.) — 11 (De Medic, iii., 22, p. 
156.)— 12. (Call?., <. 3.)— 13. (Compare Cic, Brut., c. 91.)— 14. 
'.H. N. xxxi., 33.) 



age ; and Ga'.en gives us such accounts of tr,.e good 
effects of particular exercises, and they were prac- 
tised so universally by all classes, that it cannot be 
supposed but they must have been able to produce 
great and good effects. However, from an attentive 
perusal of what we find on this subject in the class- 
ical authors, the reader can hardly fail of being con- 
vinced that the ancients esteemed gymnastics too 
highly, just as the moderns too much neglect them ; 
and that in this, as in many other matters, both in 
medicine and in philosophy, truth lies between the 
two extremes. 

GYMNASTAI. (Vid. Gymnasium, p. 483.) 
GYMNE'SIOI (yvfivno-iot) or GYMNETES (yvp- 
vtjtec) were a class of bond-slaves at Argos, \vh& 
may be compared with the Helots at Sparta. 1 Their 
name shows that they attended their masters on 
military service in the capacity of light -armed troops. 
Miiller 3 remarks that it is to these gymnesii that the 
account of Herodotus 3 refers, that 6000 of the citi- 
zens of Argos having been slain in battle by Cleom- 
enes, king of Sparta,* the slaves got the govern- 
ment into their own hands, and retained possession 
of it until the sons of those who had fallen had 
grown to manhood. Afterward, when the young 
citizens had grown up, the slaves were compelled 
by them to retire to Tiryns, and then, after a long 
war, as it appears, were either driven from the ter- 
ritory, or again subdued. 

GYMNOPAI'DIA (yv/ivoTratdia), the festival of 
"naked youths," was celebrated at Sparta every 
year in honour of Apollo Pythasus, Artemis, and 
Leto. The statues of these deities stood in a part 
of the Agora called x°P° c > an( i >t was around these 
statues that, at the gymnopaedia, Spartan youths 
performed their choruses and dances in honour of 
Apollo. 5 The festival lasted for several, perhaps 
for ten days, and on the last day men also perform- 
ed choruses and dances in the theatre ; and during 
these gymnastic exhibitions they sang the songs of 
Thaletas and Alcman, and the paeans of Dionyso- 
dotus. The leader of the chorus {jxpoaraTnc or x°- 
ponococ) wore a kind of chaplet, called artyavoi &v- 
peartKoc, in commemoration of the victory of the 
Spartans at Thyrea. This event seems to have 
been closely connected with the gymnopaedia, for 
those Spartans who had fallen on that occasion 
were always praised in songs at this festival. 6 The 
boys in their dances performed such rhythmical 
movements as resembled the exercises of the palae- 
stra and the pancration, and also imitated the wild 
gestures of the worship of Dionysus. 7 Muller 8 sup- 
poses, with great probability, that the dances of the 
gymnopaedia partly consisted of mimic representa- 
tions, as the establishment of the dances and mu- 
sical entertainments at this festival was ascribed to 
the musicians, at the head of whom was Thaletas. 9 
The whole season of the gymnopaedia, during which 
Sparta was visited by great numbers of strangers, 
was one of great merriment and rejoicings, 10 and old 
bachelors alone seem to have been excluded from 
the festivities. 11 The introduction of the gymnopae- 
dia, which subsequently became of such importance 
as an institution for gymnastic and orchestic per- 
formances, and for the cultivation of the poetic and 
musical arts at Sparta, is generally assigned to th** 
year 665 B.C. 12 

1. (Steph. Byz., s. v. Xtoc— Pollux, Onom., iii., 83.)— 2. (Dor., 
iii., 4, <> 2.)— 3. (vi., 83.)— 4. (Id., vii., 148.)— 5. (Paus., iii., 11, 
(f 7.)— 6. (Athen., xv., p. 678.— Plut., Agesil., 29.— Xen., Hel 
len., vi., 4, l) 16. — Hesych., Suid., Etym. Mag., and Tiitijeus, 
Glossar., s. v. YvyLVo-zaicia.) — 7. (Athen., xiv., p. 631.) — 8. (Hiat. 
of Gr. Lit., i., p. 161.)— 9. (Plut., De Mus., c 9.)— 10. (Xen., 
Memor., i., 2, $ 61.— Plut., Agesil., 29.— Pollux, Onom., iv., 
14, 104.) — 11. (Osann, "De Ccelibum apud Veteres populos coo 
ditione Commentat., p. 7, &c)— 12. (Compare Meursius, Orchetv- 
tra, p. 12, &c— Creuzer, Commentat. Herod i., p. 230.— M«'«V 
ler. Dor. i'.. p. 350, &c.) 

(06 



HABENAE. 



iialiMUS 



GYNAICON'OMOI (jvvaucovSfioi) or GYNAI- 
COCO'SMOI (-ywaiKOKoo/ioi) were magistrates at 
Athens who superintended the conduct of Atheni- 
an women. 1 We know little of the duties of these 
officers, and even the time when they were institu- 
ted is not quite certain. Bockh 2 has endeavoured 
to show that they did not exist until the time of 
Demetrius Phalereus, whereas, according to others, 
they were instituted by Solon, whose regulations 
concerning the female sex certainly rendered some 
special officers necessary for their maintenance. 3 
Their name is also mentioned by Aristotle 4 as some- 
thing which he supposes to be well known to his 
readers. These circumstances induce us to think 
that the yvfivaiKovdfioi, as the superintendents of the 
conduct of women, existed ever since the time of 
Solon, but that their power was afterward extended 
in such a manner that they became a kind of police 
for the purpose of preventing any excesses or inde- 
cencies, whether committed by men or by women. 
(See the Fragm. of Timocles and Menander, ap. 
Athen., vi., p. 245, where a naivbc vo/iog is mention- 
ed as the source from which they derived their in- 
creased power. — Compare Plut., Sol, 21, in Jin.) 
In their first and original capacity, therefore, they 
had to see that the regulations concerning the con- 
duct of Athenian women were observed, and to pun- 
ish any transgressions of them ; 5 in the latter ca- 
pacity they seem to have acted as ministers of the 
areiopagus, and, as such, had to take care that de- 
cency and moderation were observed in private as 
well as in public. Hence they superintended even 
the meetings of friends in their private houses, e. g., 
at weddings and on other festive occasions. 6 Meet- 
ings of this kind were not allowed to consist of more 
than thirty persons, and the yvvaiKovofiot had the 
right to enter any house and send away all the 
guests above that number ; and that they might be 
able, previous to entering a house, to form an esti- 
mate of the number of persons assembled in it, the 
cooks who were engaged for the occasion had to 
give in their names to the ■yvvancovojioL. 1 They had 
also to punish those men who showed their effemi- 
nate character by frantic or immoderate wailing at 
their own or other persons' misfortunes. 8 The 
number of these officers is unknown. Meier thinks 
that they were appointed by lot ; but Hermann, 10 re- 
ferring to Menander, 11 reckons them among those 
officers who were elected. 



H. Aspirate. 

HABE'NiE (rjvta) were, generally speaking, leath- 
ern thongs, by means of which things were held and 
managed. Hence the word was in particular applied, 
1. To the reins by means of which horses were guided 
and managed. 12 The habenae were, as with us, fix- 
ed to the bit or bridle (franum). 2. To the thongs 
attached to a lance, by which it was held and wield- 
ed. 13 (Compare Amentum.) 3. To the thong which 
was formed into a sling, by means of which stones 
were thrown. 14 (Vid. Funda.) 4. To thongs by 
means of which the sandals were fastened to the 
feet. 15 From this passage it is also clear that the 
habenae in this case were not always made of leath- 
er, but of strings or cords, whence Gellius calls 
them leretes habence. 5. To the thongs formed into 

1. (Pollux, viii., 112.)— 2. (DePhiloch., p. 24.)— 3. (Plut., Sol., 
21. — Compare Thirlwall, Hist, of Greece, ii., p. 51.)— 4. (Pollux, 
Onom , iv., 12, p. 144. — Id. ib., vi., 5, p. 214, cd. Gottling.) — 5. 
(Harpocrat., s. v. "On %tA/a?. — Her.ych., s. v. HXa'ravoj.) — 6. 
(Philoch. ap. Athen., vi., p. 245.)—?. (Athen., 1. c.)— 8. (Plut., 
I.e.)— 9. (Att Proa, p. 97.)— 10. (Polit. Antiq., $ 150, n. 5.)— 11. 
iRhet. De Encorn., p. 105, ed. Heeren.) — 12. (Virg., iEn., x., 576. 
— id. ib., xi., 670, 765. — II. ib., xii., 327.) — 13. (Lucan, vi., 
221.)— 14. (Lucan, i,i., 710 - Val. Flacc, v., 609.) — 15. (Aul. 
Cell., xiii., 21, 4.) 
486 



a scourge with which young slaves were chasliaea. 
The commentators on this passage, indeed, diffei 
about the meaning of habenae ; but if we consider 
the expressions of Ulpian, 2 "impuberes scrvi tcrreri 
tantum solent, et habena vel ferula cadi" it is clear 
that the habena is the scourge itself. 3 

*H^EDUS (epilog), I. the Kid.— II. (Haedi, Ipt-fiot), 
two stars on the arm of Auriga, called the Kids, 
and regarded as indicative of stormy weather. 
They were also called by the singular term Capella* 

*HyEMACHA'TES (a^o^m/r), a species of Ag- 
ate, sprinkled with spots of jasper, or blood-red chal- 
cedony ; now called Dotted Agate. (Vid. Achates.) 

♦HJEMADORON (aluddupov), a parasitic plant 
briefly noticed by Theophrastus. Stackhouse haz- 
ards the conjecture that it was the Orobunche, L. 5 

*HyEMATFTES (alfxaTLTnc), the well-known 
stone called Bloodstone. It is of a ferruginous col- 
our, and consists principally of oxyde of iron. "The 
Hcematites of the ancients," observes Dr. Moore, 
" comprehended, besides our red hctmatite, several 
other oxydes of iron, as may be seen from Pliny's 
description of five varieties of it, besides the mag- 
net. For magnetic oxyde of iron was also classed 
with haematite ; but that, no doubt, because of the 
appearance it exhibited after having been exposed 
to a strong heat." From the descriptions given by 
Theophrastus and Pliny, it would appear, as re- 
marked by the same writer, that compact and ochrey 
red and brown oxydes of iron were included under 
haematite. 6 

H^ERES. (Vid. Heres.) 

*HAL/CYON (ukKvw), the Kingfisher, or Alec- 
do Ispida, L. " The Greek naturalists," observes 
Adams, " describe two species, or, more properly, 
varieties of this bird. The scholiast on Theocritus 
derives the word napa rod ev aki kveiv, an etymolo- 
gy which we may with great safety reject. The 
Kingfisher builds its nests on the banks of rivers, 
and does not commit them to the sea, as some of 
the ancients represent. What they took for the 
nests of this bird were the bones which it had swal- 
lowed and vomited up. Pliny's description of its 
nest is tolerably accurate. Aristotle and several of 
the ancient poets represent the Kingfisher as fre- 
quenting the seaside, and this is probably true of it in 
the warm climates, but does not apply to it in north- 
ern latitudes. It remains to be mentioned, that Be- 
lon hazards the very improbable conjecture that the 
Vocal Kingfisher of Aristotle was the Greater Reed- 
sparrow ; and that Aldrovandus could never deter- 
mine satisfactorily what bird was meant by the Hal- 
cyon of the ancients, although it appears to me that 
Aristotle's description of the akuvuv applies in the 
main very well to the Alcedo Ispida." 7 

*HALIiE'ETUS {aliaieros), the Osprey. This 
bird is the " Nisus" of Virgil and Ovid. Natural- 
ists, according to Adams, have recently adopted the 
opinion that the Osprey is the same as the Sea 
Eagle. Its scientific name is Pandion Haliceetus, 
Savigny. 8 

♦HALICAC'ABUM (aliKttwSov), a plant, the 
Winter-cherry, or Physalis Alkekengi. The berry 
steeped in wine was employed as a diuretic. Sib- 
thorp found it growing on Parnassus, and on the 
Bithynian Olympus, as well as around Constanti- 
nople. 9 

*HALTMUS (ulijuog), a plant, a species of Orache, 
the Atriplex Halimus, L. — 'Yd uXt/ia are certain sa- 
line plants and their fruits, mentioned in the Sep- 



1. (Horat., Epist., ii., 2, 15.) — 2. (Dig. 29, tit. 5, s. 33.) — 3. 
(Compare Ovid, Heroid., ix., 81. — Virg., ^En., vii., 380.)— 4. 
(Virg., Georg., i., 205.) — 5. (Adams, Append., s. v.) — 6. (Plin., 
H. N., xxxvi., 38.— Moore's Arc Mineralogy, p. 130.)— 7. (Aris- 
tot., H. A., viii., 5.— Id. ib., xiii., 5. — Plin.," II. N., x., 15. — Ad 
ams, Append., s. v.) — 8. (Adams, Append., s. v. asrts.) — 9 
(Billerbeck, Flora Classica, p. 50.) 



HARMAMAXA. 



HARPAGO. 



tuagint veision of the Scriptures. On the other 
hand, ru uXifia were certain herbs, so called because 
used by the Pythagoreans, who lived solely on a 
vegetable diet, and hence were termed ol u1l{iol, as 
only eating in order to assuage hunger (d priv., and 
li{i6s, "hunger" 1 ). 

HALO'A. (Vid. Aloa.) 

HALTE'RES (dXr/jpeg) were certain masses of 
stone or metal, which were used in the gymnastic 
exercises of the Greeks and Romans. Persons who 
practised leaping frequently performed their exer- 
cises with halteres in both hands ; but they were 
also frequently used merely to exercise the body in 
somewhat the same manner as our dumb-bells. 2 
Pausaiias 3 speaks of certain statues of athletes 




who were represented with halteres. They appear 
to have been made of various forms and sizes. The 
preceding woodcut is taken from Tassie, Catalogue, 
&c, pi. 46, No. 7978.* 

HAMA. (Vid. Batillus.) 
HAMAXA. (Vid. Harmamaxa, Plaustrum.) 
HA.RMA. (Vid. Currus, Harmamaxa.) 
HARMAMAXA (dpfiufxatja) is evidently com- 
pounded of ap/xa, a general term, including not only 
the Latin Currus, but other descriptions of carria- 
ges for persons ; and ufia%a, which meant a cart, 
having commonly four wheels, and used to carry 
loads or burdens as well as persons. 5 The harma- 
maxa was a carriage for persons, in its construction 
very similar to the Carpentum, being covered over- 
head and enclosed with curtains, 6 so as to be used 
at night as well as by day ; 7 but it was in general 
larger, often drawn by four horses, or other suita- 
ble quadrupeds, and attired with ornaments more 
splendid, luxurious, and expensive, and in the Ori- 
ental style. 8 It occupied among the Persians 9 the 
same place which the carpentum did among the 
Romans, being used, especially upon state occa- 
sions, for the conveyance of women and children, 
of eunuchs, and of the sons of the king with their 
tutors. 10 Also, as persons might lie in it at length, 
and it was made as commodious as possible, it was 
used by the kings of Persia, and by men of high 
rank in travelling by night, or in any other circum- 
stances when they wished to consult their ease and 
their pleasure. 11 

The body of Alexaader the Great was transport- 
ed from Babylon to Alexandrea in a magnificent 
harmamaxa, the construction of which occupied 
two years, and the description of which, with its 

— -n- - 

1. (Dcmne<»an, s. v., ed. 4th.) — 2. (Martial, xiv., 49. — Id., 
VII., lxvii., 6.— Pollux, iii., 155. — Id., x., 64. — " Graves massae: r ' 
Juv., vii., 421. — Senec, Ep., 15, 56.) — 3. (v., 26, t) 3.— Id., v., 
S7, $ 8.— Id., vi., 3, t> 4.) — 4. (.Vid. Mercnrialis, De Arte Gyra- 
nastica, ii., 12. — Becker's Gallus, i., p. 277.)— 5. (lies., Op. et 
Dies, 692.— Horn., 11., vii., 426.— Id. ib., xxiv., 782 )— 6. (Diod 
Sic. xi., 56.— Chariton, v., 2.)— 7. (Xen., Cyrop., iv., 2, 1) 15.) 
8. (Diod. Sic, xvii., 35.— Aristoph., Acharn., 70.) — 9 (Max 
Tyr.. 34.)— 10. (Herod., vii., 83.— Id., ix., 76— Xen., Cyrop., iii., 
1, 6 4.— Id. ib., iv., 3, I) 1.— Id. ib., vi., 3, <> 11.— Q. Cuit., iii., 3, 
I 23.)— 11. (Hfirod.. vii., 41.— Xen., Cyrop., iii.. 1. 6 40 » 



paintings and ornaments in gold, silver, and vuiy 
employed the pen of more than one historian. 1 

The harmamaxa was occasionally used by the la- 
dies of Greece. A priestess of Diana is represent- 
ed as riding in one which is drawn by two white 
cows. 2 

HARMOST^E (from dp/iofy, to fit or join togeth- 
er) was the name of the governors whom the Lace- 
daemonians, after the Peloponnesian war, sent into 
their subject or conquered towns, partly to keep 
them in submission, and partly to abolish the dem- 
ocratical form of government, and establish in its 
stead one similar to their own. 3 Although in many 
cases they were ostensibly sent for the purpose of 
abolishing the tyrannical government of a town, 
and to restore the people to freedom, yet they them- 
selves acted like kings or tyrants, whence Dionys- 
ius* thinks that harmostae was merely another 
name for kings. How little sincere the Lacedae- 
monians were in their professions to restore their 
subject towns to freedom, was manifest after the 
peace of Antalcidas; for, although they had pledged 
themselves to re-establish free governments in the 
various towns, yet they left them in the hands of 
the harmostae. 5 The character of their rule is suf- 
ficiently described by the word Karkxtw, which Isoo 
rates 6 and Demosthenes 7 use in speaking of the 
harmostae. 8 Even Xenophon 9 could not help cen- 
suring the Lacedaemonians for the manner in which 
they allowed their harmostae to govern. 

It is uncertain how long the office of an harmos- 
tes lasted ; but, considering that a governor of the 
same kind, who was appointed by the Lacedaemo- 
nians in Cythera, with the title of Cytherodices, 
held his office only for one year, lc it is not improba- 
ble that the office of harmostes was of the sam* 
duration. 

•APIIArHS TPA*H {dpiraym ypatf). This ac- 
tion seems, according to Lucian, 11 to have been ap- 
plicable to cases of open robbery, attended with vio- 
lence. Under these circumstances, the offenders 
would be included in the class of naKovpyoi, and, as 
such, be tried before a court under the control and 
management of the Eleven. With respect to the 
punishment upon conviction, we have no certain in- 
formation, but there seems no reason to doubt that 
it was capital, as in cases of burglary and stealing 
from the person. 12 

HA'RPAGO {dp-Kayri : Tcvkoq : Kpedypa, dim. apt 
aypig), a Grappling-iron, a Drag, a Flesh-hook. 13 

The iron-fingered flesh-hook (Kpedypa oidrjpodaK 
rii/loc 14 ) is described by the scholiast on Aristopha- 
nes 15 as " an instrument used in cookery, resembling 
a hand with the fingers bent inward, used to take 
boiled meat out of the caldron." Four specimens 
of it, in bronze, are in the British Museum. One 
of them is here represented. Into its hollow ex 
tremity a wooden handle was inserted. 




A similar instrument, or even the flesh-hook it- 

1. (Diod. Sic, xviii., 26-28— Athen., v., 40.— ^lian, V. II., 
xii., 64.)— 2. (Heliod., JEt'n.., iii., p. 133, ed. Commelini.) — 3. 
(Diod. Sic, xiv., 10. — Xen., Hellen., iv., 2, $ 5. — Isocrat., Paneg., 
p- 92. — Suidas, Hesych., s. v. — Etymol. Mag., s. v. 'E-rriaradnoi.) 
-4 (Antiq. Rom., v., p. 337, ed. Sylburg.)— 5. (Polyb., iv., 27.) 

6- (1. c.) — 7. (De Coron., p. 258.) — 8. (Compare Demosth., c. 
Timber., p. 740.— Plut., Narrat. Amat., c 3.)— 9. (De Rep. Lac, 
c 14 )-10. (Thucyd., iv., 53.)— 11. (Jud. Voc, c 1, vol. i., p. 82. 
ed Hemst.)— 12. (Xen., Mem., i.,2, $ 62.)— 13. (Ex.,xxvii., 3.— 
1 Sanr., >i., 13, 14, Sept. — Aristoph., Vesp., 1152. — Anaxippus, 
ap. A ken., iv., 68.)— 14. (Brunei:. Anal., ii., 215.)— 15. (Equity 
769.) 

487 



HARUSPICES. 



HASTA. 



*e!f, 1 was used to draw up a pail, or to recover any- 
thing which had fallen into a well. 2 

In war, the grappling-iron, thrown at an enemy's 
ship, seized the rigging, and was then used to drag 
the ship within reach, so that it might be easily 
boarded or destroyed. 8 These instruments, aptly- 
called " iron hands" (ferrea manus*), were employ- 
ed by the consul Duilius against the Carthaginians, 5 
and were said to have been invented by Pericles. 6 

HARPASTUM (apiraorov, from apna&) was a 
kail, used in a game of which we have no accurate 
account ; but it appears, both from the etymology 
of the word and the statement of Galen, 7 that a ball 
was thrown among the players, each of whom en- 
deavoured to obtain possession of it. Hence Mar- 
tial 8 speaks of the harpasta pulverulenta. The game 
required a great deal of bodily exertion. 9 

HARU'SPICES or ARU'SPICES were sooth- 
sayers or diviners who interpreted the will of the 
gods. They originally came to Rome from Etru- 
ria, whence haruspices were often sent for by the 
Romans on important occasions. 10 The art of the 
haruspices resembled in many respects that of the 
augurs, but they never acquired that political im- 
portance which the latter possessed, and were re- 
garded rather as means for ascertaining the will of 
the gods than as possessing any religious authority. 
They did not, in fact, form any part of the ecclesi- 
astical polity of the Roman state during the Repub- 
lic ; they are never called sacerdotes ; they/did not 
form a collegium, and had no magister at their head. 
The account of Dionysius, 11 that the haruspices 
were instituted by Romulus, and that one was cho- 
sen from each tribe, is opposed to all the other au- 
thorities, and is manifestly incorrect. In the time 
of the emperors, we read of a collegium or ordo of 
sixty haruspices ; ia but the time of its institution is 
uncertain. It has been supposed that such a colle- 
gium existed in the time of Cicero, since he speaks 
of a summus magister ; 13 but by this we are proba- 
bly to understand, not a magister collegii, but merely 
the most eminent of the haruspices at the time. 

The art of the haruspices, which was called ha- 
ruspicina, consisted in explaining and interpreting 
the will of the gods from the appearance of the en- 
trails (exta) of animals offered in sacrifice, whence 
they are sometimes called extispices, and their art 
extispicium ; l * and also from lightning, earthquakes, 
and all extraordinary phenomena in nature, to which 
the general name of portenta was given. 15 Their 
art is said to have been invented by the Etruscan 
Tages, 16 and was contained in certain books called 
libri haruspicini, fulgurales, and tonitruales . lT 

This art was considered by the Romans so im- 
portant at one time, that the senate decreed that a 
certain number of young Etruscans, belonging to the 
principal families of the state, should always be in- 
structed in it. 18 Niebuhr appears to be mistaken 
in supposing the passage in Cicero to refer to the 
children of Roman families. 19 The senate some- 
times consulted the haruspices, 20 as did also private 
persons. 21 In later times, however, their art fell 
into disrepute among well-educated Romans ; and 
Cicero 22 relates a saying of Cato, that he wondered 



1. (Aristoph., Eccles., 994.)— 2. (Hesych., s. v. 'Apirdyr), Kps 
iypa, Avkos.)— 3. (" Apita\ : Athen., vi., 43.)— 4. (Q. Curt., iv., 9. 
— Dion Cass., xlix.., 3.— Id., n., 32, 34.)-5. (Flor., ii., 2.— Front., 
Stratag-., ii., 3, 24.)— 6. (Plin., H. N., vii., 57.)— 7. inept fiiKput; 
ZQaipas, c. 2, p. 902, ed. Kiihn.)— 8. (IV., xix., 6.)— 9. (Martial, 
VII., lxvii., 4.— Compare xiv., 48. — Vid. Becker's Gallus, i., p. 
276.) — 10. (Liv.. xxvii., 37.— Cic, Cat., iii., 8.— Id., Do Div.,ii., 
4.) — 11. (ii., 22.)— 12. (Tacit., Ann., xi., 15.— Orelli, Inscr., i., 
p. 399.)— 13. (De Div., ii., 24.)— 14. (Cic, De Div., ii., 11 - 
Suet., Ner., 56.)— 15. (Val. Max., i., 1, $ 1.)— 16. (Cic, De 
Div., ii., 23.— Festus, s v. Tages.)— 17. (Cic, De Div., i. 33 
—Compare Macrob., Saturn., Hi., 7.)— 18. (Cic.,De Div.,i ,41 . 
—19. (See Orelli, ad loc)— 20. (Cic, De Div., i., 43— Id. ib., 
ii., 85.— Liv., xxvii., 37.)— 21. (Cic, De Div., ii.,29.)— 22 (Cic, 
D»Di*., ij.,24.) 
488 



that one haru&pex did not laugh when he saw an* 
othei The Emperor Claudius attempted to revive 
the stuuy of the art, which had then become neg- 
lected an*, the senate, under his directions, passed 
a deciee that the pontifices should examine what 
parts of it should be retained and established ;* but 
we do not know what effect this decree produced. 

The name of haruspex is sometimes applied tc 
any kind of soothsayer or prophet; 2 whence Juve- 
nal 3 speaks of Armenius v el Commagenus haruspex. 

The latter part of the word haruspex contains the 
root spec; and Donatus* derives the former part 
from haruga, a victim. 5 

(Gottling, Gesch. der Rom. Staatsv., p. 213. — 
Walter, Gesch. des Rom. Rechts, p. 184. — Brissoni- 
us, De Formuhs, i., 29, &c.) 

HASTA (ly^of), a Spear. The spear is defined 
by Homer, dopv ^aX/c^pef, " a pole fitted with 
bronze," 6 and 66pv x a ^ K0 ^> a P^, " a pole heavy with 
bronze." 7 The bronze, for which iron was after- 
ward substituted, was indispensable to form the 
point (alxpr/, clkgjkt? ; 8 Tioyxv ; 9 acies, cuspis, spicu- 
lum 10 ) of the spear. Each of these two essential 
parts is often put for the whole, so that a spear is 
called 66pv and fioparcov, alx^Vi and Xoyxv- Even 
the more especial term fxeXLa, meaning an ash-tree, 
is used in the same manner, because the pole of the 
spear was often the stem of a young ash, stripped ol 
its bark and polished. 11 In like manner, the spear 
is designated by the term /ca/zaf, 12 meaning, proper- 
ly, the strong tall reed of the south of Europe, which 
served both for spears and for various other uses. 13 

The bottom of the spear was often enclosed in a 
pointed cap of bronze, called by the Ionic writers 
GavpoTTjp 1 * and ovpiaxoc, 15 and in Attic or common 
Greek arvpa^. 16 By forcing this into the ground, 
the spear was fixed erect. 17 Many of the lancera 
{6opv(j>6poi, aixp-ofybpoi, Aoyxofyopoi, woodcut, p. 207) 
who accompanied the King of Persia had, instead 
of this spike at the bottom of their spears, an apple 
or a pomegranate, either gilt or silvered." With 




55> 

1 % $ :> A 

this, or a similar ornament, the spear is often ter- 



1. (Tacit., Ann., xi., 15.) — 2. (Prop., III., xiii., 59.) — 3. (n., 
550.)_4. (ad Ter., Phorm., IV., iv., 28.)— 5. (Compare Festus, 
s. v. Harviga, and Varro, De Ling. Lat., v., 98, ed. Muller.)— 6. 
(II., vi., 3.)— 7. (Od., xi., 531.)— 8. (Homer.)— 9. (Xenophon.)- 
10. (Ovid, Met., viii., 375.)— 11. (II., xix., 390.— Ib., xx., 277.— 
Ib., xxii., 328— Od., xxii., 259.— Plin., H. N., xvi., 24.— Ovid, 
Met., xii., 369.)— 12. (JEsch., Ag., 65— Eurip., Hec, 1155. — 
Id., Phcen., 1421.— Brunck, Anal., i., 191, 226.— Ant. Sid., 34.) 
—13. (Hes., Scut., 298.— Schol. in loc— Xen., De Re Equest., 
xii., 12.)— 14. (Horn., II., x., 153.— Herod., vii., 40, 41.— Polyb., 
V)>> 23.)— 15. (II., xiii., 443.— Ib., xvi., 612.— Ib., xvii., 528.;— 16. 
(Xen.,Hellen., vi., 2, 19.— Athen., xii., 8.— oTvpaxiov : Thucyd.. 
ii., 4.— -fin. Tact., 18.)— 17. (Virg., .En., xii., 130.)— 18. (He 
lod. Athen., 11. cc.) 



HASTA 



HASTA 



flamated both on Persian and Egyptian monuments. 
Fig. 1 in the preceding woodcut shows the top and 
bottom of a spear which is held by one of the king's 
guards in the sculptures at Persepolis. 1 It may 
be compared with those in the hand of the Greek 
warrior at p. 94, which have the spike at the bot- 
tom. The spike at the bottom of the spear was 
used in fighting by the Greeks and Romans when 
the head was broken off. 2 

A well-finished spear was kept in a case (doparo- 
$}}ktj), which, on account of its form, is called by 
Homer a pipe (ovpty^ 3 ). 

The spear was used as a weapon of attack in 
three different ways : 1. It was thrown from cata- 
pults and other engines. (Vid. Tormentum.) 2. 
It was thrust forward as a pike. In this manner 
Achilles killed Hector by piercing him with his spear 
through the neck.* The Eubceans were particu- 
larly celebrated as pikemen. 5 3. It was commonly 
thrown by the hand (uKovriaai fictKpodev 6 ). The 
warrior, preparing to hurl it, raised his hand to his 
right ear. 7 (Compare woodcut, p. 245.) He some- 
times derived assistance from the use of the Amen- 
tum or the Ansa. He generally went to the field 
with two spears. 8 (Woodcuts, p. 94, 227, 332.) 
On approaching the enemy, he first threw either one 
spear or both, and then, on coming to close quar- 
ters, drew his sword 9 (pila conjecerunt — gladiis ge- 
r i res coepta est 10 ). 

Under the general terms kasta and iyxoc were in- 
cluded various kinds of missiles, of which the prin- 
cipal were as follow : 

Lancca (hoyxri 11 ), the lance, a comparatively slen- 
der spear commonly used by the Greeks. Iphicra- 
':es, who doubled the length of the sword (vid. Gla- 
dius), also added greatly to the dimensions of the 
lance. 18 This weapon was used by the Grecian 
horsemen ; 13 and by means of an appendage to it, 
which is supposed by Stuart 1 * (woodcut, fig. 2) to 
be exhibited on the shafts of three spears in an an- 
cient bas-relief, they mounted their horses with 
greater facility. 18 The lance, on account of its 
length and its lightness, was carried by huntsmen. 16 

Pilum (vggoc.), the javelin, much thicker and 
stronger than the Grecian lance, 17 as may be seen 
on comparing the woodcuts at p. 94 and 95. Its 
shaft, often made of cornel, 18 was partly square, and 
5£ feet long. 19 The head, nine inches long, was of 
iron, and is therefore now found only in the state 
described by Virgil, " cxesa scabra robigine pila" 20 
It was used either to throw or to thrust with ; it 
was peculiar to the Romans, and gave the name of 
pilani (p. 103) to the division of the army by which 
it was adopted'-' 1 (pilatum agmen 22 ). When Marius 
fought against the Cimbri, he ordered that, of the 
two nails or pins (irepovai) by which the head was 
fastened to the staff, one should be of iron and the 
other of wood. The consequence was, that when 
the pilum struck the shields of the enemy, the tre- 
nail gave way, and the shaft was turned on one 
side, so that the spear could not be sent back 
again." 

While the heavy-armed Roman soldiers bore the 
long lance and the thick and ponderous javelin, the 

1. (Sir R. K. Porter's Travels, vol. i., p. 601.)— 2. (Polyb., vi., 
25.)-3. (II., xix., 387.)^. (II., xxii., 326.)— 5. (Horn., II., ii., 
543.— Strabo, x., 1, 12, 13.)- 6. (Arrian, Tact.)— 7. (Ovid, Met., 
ii., 311.)— 8. (Horn., II., iii., 18.— Id. ib., x., 76.— Id. ib., xii., 
298.— Pind., Pyth., iv., 139.— Polyb., vi.,21.)— 9. (Horn., II., iii., 
840.— Id. ib., xvii., 530.— Id. ib., xx., 273-284.— Theocrit., Idyll., 
mi., 187-191.)— 10. (Liv., xxviii., 1.)— 11. (Festus, s. v. Lan- 
eea.)— 12. (Diod. Sic.,xv., 44.— Nep., xi., 1, 3.)— 13. (Polyb., vi., 
*3.)— 14. (Ant. of Athens, V., iii., p. 47.)— 15. (Xen., De Re Eq., 
VII., xii.)— 16. (Apul., Met., viii.)— 17. (Flor., ii., 7.)— 18. (Virg., 
£5n., ix., 698.— Ovid, Met., viii., 408.)— 19. (Veget., ii., 15.)— 
20. (Georg., iv., 495.)— 21. (Strabo, 1. c.)— 22. (Virg., ^n., xii., 
121, 130 ; vii., 664. — Servius in loc. — Hor., Sat., II., i., 13.— 
Gas., B G., i., 52.)— 23. (Plut., Marius.) 

Qqq 



lighi-armed usecr smallei missiles, which, though o* 
different kinds, were included under the general 
term hastcc velitares.' From ypbatyoq, the corre- 
sponding Greek term,* the velites, or light-armed, 
are called by Polybius ypoofo/Liuxoi 3 According to 
his description, the ypocfyoc. was a dart, with a shaft 
about three feet long and an inch in thickness : the 
iron head was a span long, and so thin and acumi- 
nated as to be bent by striking against anything, 
and thus rendered unfit to be sent back against the 
enemy. Fig. 3 in the preceding woodcut shows 
one which was found, with nearly four hundied 
others, in a Roman intrenchment at Meon Hill, in 
Gloucestershire.* 

The light infantry of the Roman army used a 
similar weapon, called a spit (veru, 5 vcrutum* oav- 
vlov 1 ). It was adopted by them from the Samni- 
tes 8 and the Volsci. 9 Its shaft was 3t feet long, 
its point five inches. 10 Fig. 4, in the preceding 
woodcut, represents the head of a dart in the Royal 
Collection at Naples ; it may be taken as a speci- 
men of the verutum, and may be contrasted with 
fig. 5, which is the head of a lance in the same col- 
lection. The Romans adopted, in like manner, the 
GiEsuM, which was properly a Celtic weapon ;" it 
was given as a reward to any soldier who wound- 
ed an enemy. 12 Spams is evidently the same word 
with the English spar and spear. It was the rudest 
missile of the whole class, and only used when bet- 
ter could not be obtained. 13 

Besides the terms jaculum and spiculum (ukg>v, 
aKovrtov), ^vhich probably denoted darts resembling 
in form tht lance and javelin, but much smaller, 
adapted, consequently, to the light-armed (jaculato- 
res), and used in hunting as well as in battle, 1 * we 
find in classical authors the names of various other 
spears, which were characteristic of particular na- 
tions. Thus Servius states 15 that, as the pilum 
was proper to the Romans, and the gasum to the 
Gauls, so the sarissa was the spear peculiar to the 
Macedonians. This was used both to throw and 
as a pike. 1 ' It exceeded in length all other missiles. 
(See p. 101.) It was made of cornel, the tall, dense 
stem of which also served to make spears of othei 
kinds. 17 The Thracian romphea, which had a very 
long point, like the blade of a sword 18 (rumpia, 19 p'o/i- 
<paia 20 ), was probably not unlike the sarissa, since 
Livy asserts 21 that, in a country partly covered with 
wood, the Macedonian phalanx was ineffective on 
account of their prczlonga. hastce, and that the rom- 
phaea of the Thracians was a hinderance for the same 
reason. With these weapons we may also class 
the Illyrian sibina, which resembled a hunting-pole 23 
(sibon 23 ). 

The iron head of the German spear, called fra- 
mea, was short and narrow, but very sharp. The 
Germans used.it with great effect either as a lance 
or a pike : they gave to each youth a framea and a 
shield on coming of age. 2 * The Falarica or Phala- 
rica was the spear of the Saguntines, and was im- 
pelled by the aid of twisted ropes : it was large and 
ponderous, having a head of iron a cubit in length, 
and a ball of lead at its other end ; it sometimes 

1. (Liv., xxxviii., 20.— Plin., H. N., xxviii., 6.)— 2. (Polyb., i., 
40— Strabo, iv., 4, 3.)— 3. (vi., 19, 20.)— 4. (Skelton's Engraved 
Illustrations, vol. i., pi. 45.) — 5. (Liv., xxi., 55.) — 6. (Liv., ]. c ) 
— 7. (Diod. Sic, xiv., 27. — Festus, s. v. Samnites.) — 8. (Virg 
^n., vii., 665.)— 9. (Georg., ii., 168.)— 10. (Veget., ii., 15.)— 11 
(Liv., xxviii., 45.) — 12. (Polyb., vi., 37.) — 13. (Virg., Jla, xi., 
682. — Serv. in loc. — Nepos, xv., 9, 1. — Sallust, Cat., 56. — Aul. 
.Gell., x., 25.)— 14. (Thucyd., ii., 4.— Virg., ^En., ix., 52.— Serv 
in loc. — Ovid, Met., viii., 411. — Cic. ad Fam., v., 12. — Flor., ii., 
7.— Apul., Met., viii.)— 15. (in JEn., vii., 664.)— 16. (Strab., 1. c.) 
— 17. (Theophrast.. H. P.. iii.. 12, 2.— odpeica : Arrian, Tact.— 
Kpaviiva: Xen., De Re Equest., xii., 12.) — 18. (Val. Flacc, vi., 
98.)— 19. (Gell., I.e.)— 20. (Apoc, i., 16.)— 21. (xxxi., 39.)— 2t. 
(Festus, s. v. ai&vviov.— Polyb., vi., 21.)— 23. (Aul. Gell., 1. c. 
—Ant. Sid., 13.)- 24. (Tacit., Germ.. G 13, 18 21.— Jl v., xiii .. 
79.) 

189 



HEDERA. 



HELENIUM. 



earned flaming pitch and tow. 1 The matara and 
tragula were chiefly used in Gaul and Spain : the 
Jragula was probably barbed, as it required to be 
cut out of the wound. 3 The Aclis and Cateia 
were much smaller missiles. 

Among the decorations which the Roman gener- 
als bestowed on their soldiers, more especially for 
saving the life of a fellow-citizen, was a spear with- 
out a head, called hasta pura. 3 The gift of it is 
sometimes recorded in funeral inscriptions. 

The celibaris hasta* having been fixed into the 
tsody of a gladiator lying dead on the arena, was 
used at marriages to part the hair of the bride. 5 

A spear was erected at auctions (vid. Auctio), 
and when tenders were received for public offices 
{locationes). It served both to announce, by a con- 
ventional sign conspicuous at a distance, that a 
sale was going on, and to show that it was conduct- 
ed under the authority of the public functionaries. 6 
Hence an auction was called hasta, and an auction- 
room hastarium. 7 It was also the practice to set 
>ip a spear in the court of the Centumviri. 

The throwing of spears was one of the gymnastic 
exercises of the Romans. 8 

HASTA'TI. (Vid. Army, Roman, p. 103.) 

HECATOMBJEON. (Vid. Calendar, Greek.) 

HECATOMB AIA. (Vid. Her^a.) 

HECTICI ('EktikoI), another name for the medi- 
cal sect of the Episynthetici, as we learn from Ga- 
len, 9 who says that " Agethinus the Lacedaemonian 
was the founder of a sect which he named 'Eiuovv- 
Qetikti, and which some called 'EkXektikti, and oth- 
ers 'EnTitcr)." For their opinions (as far as they are 
known), vid. Episynthetici. 

♦HED'ERA (kiggoc or klttoc), the Ivy, Hedera 
helix. The ivy, as Fee remarks, is one of the best- 
fcnown plants of antiquity, since, independently of 
the descriptions given of it by ancient poets and 
botanists, we see it sculptured on various monu- 
ments of former days. Theophrastus, 10 and, after 
him, Dioscorides 11 and Pliny, 13 have distinguished 
three kinds of ivy, subdivided into several species. 
These three kinds, however, are now looked upon 
as mere varieties, and we may be said to know at 
nhe present day but a single species of Hedera, 
which modern botanical writers have designated by 
the epithet of Helix (£/Uf). Among the varieties of 
f.his species may be mentioned the Hedera corymbosa 
of modern botanists, the same with the H arborea 
>f the botanical writers of the Middle Ages. It is 
he kind beautifully described in the Culex of Vir- 
gil, and alluded to also in the 3d Eclogue, and in 
f ,he Georgics of the same poet. The Hedera nigra 
of the 7th and 8th Eclogues is that which the an- 
cients consecrated to Bacchus, and called, from him, 
Dionysia. It is the Hedera poetica of Bauhin, and 
served, when interlaced with the laurel, as a crown 
for warriors, poets, &c. The epithet nigra, given 
by Virgil to the Hedera helix, applies to its dark- 
tiued berries and the sombre colour of its foliage. 
By the epithet pollens, on the other hand, he intends 
to indicate the flowers, as well as the corymbi before 
the fruit is matured. 13 The following remarks of 
Marty n 1 * are worthy of perusal : " Many sorts of ivy 
are mentioned by the ancients, most of which seem 
to be rather varieties than distinct species. Theo- 

1. (Liv., xxi., 8.— Id., xxxiv., 18.— Virg., JEn., ix., 706.— Lu- 
can, vi., 198.— Sil. Ital., i., 351.— Aul. Gell., 1. c— Isid., Orig., 
xviii., 7.— Grat. Falisc, Cyneg., 342.)— 2. (Plaut., Cas., ii., 4, 
18 —Id., Epid., v., 2, 25.— Id., Pseud., i., 4, 24.— Cees., B. G., i., 
26.— Id ih., v., 35.— Gell., 1. c.)— 3. (Virg., JEn., vi., 760.— 
Serv. in loc. — Festus, s. v. Hasta. — Sueton., Claud., 28. — Tacit., 
Aun., iil., 21.) — i (Festus, s. v.)— 5. (Ovid, Fast., ii., 560.)— 6. 
(Cic, Off., ii., 8 — Nepos, Attic, 6. — Festus, s. v. Hasta.)— 7. 
(Tertull., Apol., 13.)— 8. (Plaut., Bacc, iii., 3, 24.— Id., Most., 
i., 2, 73.)— 9. (Definit. Med., c. 14, torn. 19, p. 353, ed. Kiihn.) 
-10. (ii., 210.)— 11. (H. P., iii., 18.)— 12. (H. N., xvi., 34.)— 13. 
(Fee, Flore de Virg., p. lxii., &c.) — 14. (ad Virg:.. Eclog., iii., 39.) 
400 



phrastus says the three principal sorts aiv3 the white, 
the black, and that which is called helix. The black 
is our common ivy, and the helix seems to be only 
the same plant before it has arrived at the perfec- 
tion of bearing fruit. For at first the leaves are 
angular, and the whole plant clings closely to the 
wall or tree that supports it : but when it comes to 
flower, a new shoot is detached from the support, 
bearing roundish leaves without angles. That the 
helix is the ivy in its barren state is plain from the 
account which Theophrastus gives of it. He saya 
the leaves are angular, and more neat than those 
of ivy, which has them more round and simple. He 
adds also that it is barren. As for the white ivy, it 
seems to be unknown to us. Some, indeed, ima- 
gine it to be that variety of which the leaves are 
variegated with white. But Theophrastus express- 
ly mentions the whiteness of the fruit ; for he saya 
some have only the fruit white, and others the leave* 
also. Dioscorides also mentions three principal 
sorts of ivy, the white, the black, and the helix. 
The white bears a white fruit ; the black has either 
a black or saffron-coloured fruit ; this kind they 
called also Dionysia; the helix bears no fruit at all, 
but has white twigs, and small, angular, reddish 
leaves. Pliny has confounded the ivy with the cis- 
tus, being deceived by the similarity between kiog6$ 
(or KiTTog) and klotoc. The flower of the cistua 
does, indeed, bear a resemblance to that of the wild 
rose, as Pliny remarks, but it would be difficult to 
find any such similitude in the ivy." 

HEDNA (eova). (Vid. Dos, Greek.) 

*HEDYOSMUS (ydvoopoc), Garden-mint, or Men- 
tha sativa. The rj6voo[iog aypiog of Dioscorides and 
others is the Mentha gentilis ; the fidvoojuoe r/juepoc f 
the Mentha crispa. The naXanivdrj erepa is the 
M. sylvestris. 1 

*HEDYS'ARUM fydvaapov), a leguminous plant 
Coronilla securidica. It was also called by the an 
cient writers neleiclvoc, which name, as well a) 
securidica, refers to the axe-formed shape of it? 
seeds. The modern Greek name is Twtpolov6i. 
" Matthiolus," observes Adams, " holds that the 
Hedysarum is either the Coronilla securidica or the 
Astragalus hamosus. Clusius brought into view the 
Coronilla varia and the Bisserula pelecinus. Stack- 
house makes the irelenlvoc of Theophrastus, which 
is identical with the i/dvoapov, to be the Coronilla 
securidica, and in this opinion he has the support 
of Sibthorp. Schneider, however, is by no means 
satisfied that either the Coronilla or the Bisserula 
answers to the description of Dioscorides." 2 

'HTEMONIA AIKASTHP'IOT (nysfiovia dinaoTn- 
piov). (Vid. ElSAGOGEIS.) 

•EIPTMOT TPA<i>H (elpyfiov ypa<p7j). This was 
an action for false imprisonment of a free citizen 
or stranger, and keeping such person in private cus- 
tody. There are no orations upon this subject ex- 
tant, nor, indeed, any direct allusions to it by name ; 
but it is hinted at as a remedy that might have been 
adopted by Agatharchus, the painter, for the re- 
straint put upon his personal liberty by Alcibiades ; 3 
and in a passage of Dinarchus,* where a miller is 
mentioned to have incurred capital punishment for 
a like offence. The thesmothetae probably presided 
in the court before which offenders of this kind 
were brought to trial. 5 

*HELENIUM (tkeviov), a plant, Scabwort or Ele 
campane, Inula Hclenium, L. " Helcnium" says Lis. 
ter, "Inula Campana Italis dictum." "It is proba- 
ble," remarks Woodville, " that the Elecampane ia 
the Helenium foliis verbasci of Dioscorides, and the 
Inula of Pliny." Sprengel and Dierbach also agree 

1. (Theophrast., II. P., vii., 7. — Dioscor., iii., 36.)— 2. (Dioa 
cor., iii., 136.— Adams, Append., s. v.)— 3. (Andoc., c. A'.cib., p 
H9.)_4. (c. I em.. 17.)— 5. (Meier, Att. Proc., 332.) 



HELLEBORUS. 



HELMIXS. 



hi referring it to the Inula Helenium, L. The other 
species described by Dioscorides is referred by Bau- 
hin and Sprengel to the Teucrium marum. 1 

HELE'POLIS (hlenolic). When Demetrius Po- 
liorcetes besieged Salamis, in Cyprus, he caused a 
machine to be constructed which he called " the ta- 
ker of cities." Its form was that of a square tow- 
er, each side being 90 cubits high and 45 wide. It 
rested on four wheels, each eight cubits high. It 
was divided into nine stories, the lower of which 
contained machines for throwing great stones, the 
middle large catapults for throwing spears, and the 
highest other machines for throwing smaller stones, 
together with smaller catapults. It was manned 
with 200 soldiers, besides those who moved it by 
pushing the parallel beams at the bottom. 2 

At the siege of Rhodes, 306 B.C., Demetrius em- 
ployed a helepolis of still greater dimensions and 
more complicated construction. Besides wheels, it 
nad castors (avTLOTpeirTa), so as to admit of being 
moved laterally as well as directly. Its form was 
•yramidal. The three sides which were exposed 
to attack were rendered fireproof by being covered 
with iron plates. In front, each story had port- 
holes, which were adapted to the several kinds of 
nissiles, and were furnished with shutters that 
jould be opened or closed at pleasure, and were 
;nade of skins stuffed with wool. Each story had 
two broad flights of steps, one for ascending, the 
ether for descending. 3 This helepolis was con- 
structed by Epimachus the Athenian ; and a much 
esteemed description of it was written by Dioclides 
jf Abdera. 4 It was, no doubt, the greatest and most 
remarkable engine of the kind that was ever erect- 
ed. In subsequent ages we find the name of " hele- 
polis" applied to moving towers which carried bat- 
tering-rams, as well as machines for throwing spears 
and stones. 5 Towers of this description were used 
to destroy the walls of Jerusalem when it was taken 
bv the Romans. 6 (Vid. Aries, Tokmextum.) 

HELLEA. (Vid. Dicasterion.) 

HELIOCAMI'NUS. (Vid. House.) 

*HELIOTROP'IUM (rjliorpovcLov), I. a plant, the 
Heliotrope, or Great Turnsole, Heliotropium Euro- 
pium, L. This is the species called \itya by Dios- 
corides. Sprengel joins Lobelius and Gesner in re- 
ferring the other species, or ijXioTpoTuov fiinpov, to 
the Croton tinctorius. 1 

II. A precious stone, the Heliotrope of Jameson. 
It is a sub-species of Jasper. 8 

*HELIX. (Fu*.Hedera.) 

HELLANO'DIC.E ('EAlavodtKat), the judges in 
the Olympic games, of whom an account is given 
under Olympic Games. The same name was also 
given to the judges, or court-martial in the Lacedae- 
monian army ; 9 and they were probably first called 
by this name when Sparta was at the head of the 
Greek confederacy. 

*HELLEB'ORUS (e?2e6opoc), Hellebore, a cele- 
brated remedy among the ancients for the cure of 
insanity. Two kinds are spoken of, namely, the 
white and the black (Xevkoc and fieXac), but as to 
the identity of the plant itself much discussion has 
arisen. " Modern authorities on Botany," observes 
Adams, " differ widely in opinion respecting the 
white Hellebore of the ancients. Sibthorp most 
unaccountably decides it to have been the Digitalis 
fcrruginea. Schulze, who is too prone to skeptical 
doubts on botanical questions, expresses himself 



1. (Theophrast., H. P., vi., 11.— Dioscor., i., 27, 28.— Adams, 
Append., 8. v.)— 2. (Diod. Sic, xx., 48.)— 3. (Diod. Sic, xx., 91. 
—Compare Vitroy., x., 22.) — 4. ( Athen., v., 40.) — 5. (Amm. Mar- 
mIL, xxiii. — Aijathiai, i., 18, p. 30, ed. Ven. — Nicet. Chonn., Jo. 
Comnenus, p. 14, B.)— <5. (Jos., B. J., ii., 19, $ 9.— Id. ib., iii., 6, 
$ 2.)—". (Dioscor., iv., 190, 191. — Paul. iEgin., vii., 3. — Adams, 
Append., •■ v.) — 8. (Adams, Append , s v.) — 9. (Xen., Rep Lac, 
Kill., 11.) 



with great hesitation regarding it, but, upon tne 
whole, inclines to the Adonis vernalis. Woodville 
and Dierbach are quite undecided. On the other 
hand, Matthiolus, Dcdonas.us, Bauhin, Hill, and 
Stackhouse, find no difficulty in recognising it as 
the Veratrum album, L. Geoffroy also, no mean 
authority on these subjects, maintains that the de- 
scription of Dioscorides agrees very well with the 
characters of the white Hellebore. And from the 
similarity of the effects produced by the adminis- 
tering of the k. Xevkoc, as described by the ancient 
writers on Toxicology, to the known effects of the 
Veratrum album, I had no hesitation, some time ago, 
in recognising their identity ; and it now gives me 
pleasure to discover that Sprengel, in his Annota- 
tions on Dioscorides, comes to the same conclus ; on. 
I had called the attention ot the profession to this 
fact in the London Medical and Physical Journal, 
July, 1828 ; about eighteen months afterward, the 
Savadilla veratrum, a Mexican species of Hellebore, 
was much cried up in this case. — The eX2,e6opoc fxi?.- 
ac, or Black Hellebore, is marked as being the H. 
Oricntalis, Lam. Is it not a variety of the Hellebo- 
rus niger, L. 1 This plant is the Christmas Rose 
of this country." 1 

*HELLEBORI'NE (k7J,e6opivv), a plant, which 
Sprengel suggests is the Hellcborus foztidus ; Stack- 
house, the Serapias Helleborine. " The latter," re- 
marks Adams, " is the same, I suppose, as the Epi 
pactus ensifolia of Hooker." 2 

HELLENOTA'MLE ('EUTjvora/iLac), or treasu- 
rers of the Greeks, were magistrates appointed by 
the Athenians to receive the contributions of the 
allied states. They were first appointed B.C. 477, 
when Athens, in consequence of the conduct of 
Pausanias, had obtained the command of the allied 
states. The money paid by the different states, 
which was originally fixed at 460 talents, was de- 
posited in Delos, which was the place of meeting 
for the discussion of all common interests ; and 
there can be no doubt that the hellenotamise not 
only received, but were also the guardians of these 
moneys, which are called by Xenophon 3 'ElXrjvora- 
fiia* The office was retained after the treasury 
was transferred to Athens on the proposal of the 
Samians, 5 but was, of course, abolished on the con- 
quest of Athens by the Lacedaemonians. The hel- 
lenotamiae were not reappointed after the restora- 
tion of the democracy, for which reason the gram- 
marians afford us little information respecting their 
duties. Bockh, however, concludes from inscrip- 
tions that they were probably ten in number, chosen 
by lot, like the treasurers of the gods, out of the 
Pentacosiomedimni, and that they did not enter 
upon their office at the beginning of the year, but 
after the Panathenaea and the first Prytaneia. With 
regard to their duties, Bockh supposes that they re- 
mained treasurers of the moneys collected from the 
allies, and that payments for certain objects were 
assigned to them. In the first place, they would, 
of course, pay the expenses of wars in the common 
cause, as the contributions were originally designed 
for that purpose ; but as the Athenians, in course 
of time, considered the money as their own proper- 
ty, the Hellenotamiae had to pay the Theorica and 
military expenses not connected with wars on be- 
half of the common cause. 6 

HELLO'TIA. (Vid. Ellotia.) 

*HELMINS (elfiivc) This term, standing alone, 
is applied to intestinal worms in general. The e%- 

1. (Theophrast., II. P., ix., 11.— Nicand., Alex., 483.— Dios- 
cor., iv., 150, 151. — Paul. JEg'm., vii., 3. — Adams, Append., s. v.J 
— 2. (Theophrast., II. P., ix., 11. — Adams, Append., s. v.) — 3 
(De Vectig., v., 5.)— 4. (Thucyd., i., 90.— Plut., Arist., 24.— Au 
doc, De Pace, p. 107.) —5. (Plut., Aristid., 25.— Diod. Sic, xn., 
38.)— 6. (Bockh. Corp. Inscript., No. 147.— Id., Publ. Ecoa of 
Athens i., p. 236.) 

4fli 



HELOTES. 



HEMEROCALLIS. 



puv£ tr?.dreia is the Tania lata, Theophrastus says 
it is congenital in some countries, as Egypt. The 
medical authorities describe the Dracunculus, or 
Guinea-worm, which the Greeks call dpaKovriov, 
and the translators of the Arabians vena medinensis. 
(Vid. Eulai.) 

HELO'TES (ElXorec) were a class of bondsmen 
peculiar to Sparta. Different etymologies are given 
of their name. The common account is, that they 
were originally the people of the town of Helos, in 
Laconia, and that they were reduced to bondage 
after an unsuccessful revolt against the Spartans. 1 
Out the people of "Eloc were not called ElXurec, 
but 'Elelot 2 or 'EXedrat. 3 The name has been also 
derived from eXn, marshes, as it signified inhabitants 
of the lowlands. But Midler seems to be nearer the 
mark in explaining elXurec as meaning prisoners, 
from the root of klelv, to take, like d/uuec from the 
root of dafj.au. The ancient writers considered them 
to be Achasans, who had resisted the Dorian inva- 
ders to the last, and had been reduced to slavery as 
the punishment of their obstinacy.* Midler, how- 
ever, supposes that they were an aboriginal race, 
which was subdued at a very early period, and 
which immediately passed over as slaves to the 
Doric conquerors. But this theory, as Thirlwall 
has observed, does not account for the hereditary 
enmity between them and their masters ; for, unless 
they lost their liberty by the Dorian conquest, there 
is no probability that it placed them in a worse con- 
dition than before. 

The Helots were regarded as the property of the 
state, which, while it gave their services to individ- 
uals, reserved to itself the power of emancipating 
them. 5 They were attached to the land, and could 
not be sold away from it. Several families, as many, 
perhaps, as six or seven, resided on each Klijpoe, in 
dwellings of their own. They cultivated the land, 
and paid to their masters as rent a fixed measure of 
corn, the exact amount of which had been fixed at 
a very early period, the raising of that amount being 
forbidden under heavy imprecations. 6 The annual 
rent paid for each K?^poc was eighty-two medimni 
of barley, and a proportionate quantity of oil and 
wine. 7 Besides being engaged in the cultivation of 
the land, the Helots attended on their masters at 
the public meal, and many of them were, no doubt, 
employed by the state in public works. 

In war the Helots served as light-armed troops 
(iptkoL), a certain number of them attending every 
heavy-armed Spartan to the field ; at the battle of 
Plataea there were seven Helots to each Spartan. 8 
These attendants were probably called ap.7riTTapeg 
(i. c, apKpiGTavTeg 9 ), and one of them, in particular, 
the #Epa7njv, or servant ;' ° though -Qepu-Kuv was 
also used by the Dorians as a general name for arm- 
ed slaves. The Helots only served as hoplitae in 
particular emergencies, and on such occasions they 
were generally emancipated. The first instance of 
this kind was in the expedition of Brasidas, B.C. 
424. " 

The treatment to which the Helots were subject- 
ed, as described by the later Greek writers, is mark- 
ed by the most wanton cruelty. Thus Myron states 
that " the Spartans impose upon them every igno- 
minious service, for they compel them to wear a 
cap of dog's skin, and to be clothed with a garment 
of sheep's skin, and to have stripes inflicted upon 
them every year for no fault, that they may never 
forget that they are slaves. And, besides all this, if 



1. (Paus., iii., 20, t> 6.) — 2. (Strab., viii., 561.) — 3. (Athen., 
vi., 102, p. 271.)— 4. (Theopomp., ap. Athen., vi., 88, p. 265.)— 
5. (Ephorus, ap. Strab., viii., p. 365. — Paus., iii., 20, 6.)—6. 
(Plut., Inst. Lac, p. 255.)— 7. (Plat., Lye, 8, 24.)— 8. (Herod., 
ix., 10, 28.)— 9. (Hesych., s. v.)— 10. (Herod., vii., 229.— Sturz, 
[.ex. Xen., s. v.)— 11. (Thucyd ., iv., 8/?.— Id., v., 34.— Id., vii., 19.) 
492 



any rise by their qualities above the condition of a 
slave, they appoint death as the penalty, and their 
masters are liable to punishment if they do not de- 
stroy the most excellent." 1 And Plutarch 3 states 
that Helots were forced to intoxicate themselves, 
and perform indecent dances as a warning to the 
Spartan youth. These descriptions are probably 
exaggerated ; but we have abundant evidence, hi 
addition to the direct assertion of Thucydides, 3 that 
the Spartans always regarded' the Helots with the 
greatest suspicion. Every means was taken to 
mark the distinction between them and their mas- 
ters : they were obliged to wear the rustic garb de- 
scribed above, and they were not permitted to sing 
one of the Spartan songs.* That the cruelty of 
their masters knew no restraint when it was stimu- 
lated by fear, is manifest enough from the institu- 
tion of the KpvTCTeia (vid. Crypteia), and from the 
fact related by Thucydides, that on one occasion, 
two thousand of the Helots, who had rendered the 
greatest service to the state in war, were induced to 
come forward by the offer of emancipation, and then 
were put to death. 5 

At the end of the second Messenian war (B.C. 
668), the conquered Messenians w r ere reduced to 
slavery, and included under the denomination of 
Helots. Their condition appears to have been the 
same, with some slight differences, as that of the 
other Helots ; but they appear to have been distin- 
guished by the remembrance of their freedom, and 
a readiness to seize any opportunity of regaining it, 
in which they at length succeeded, after the battle 
of Leuctra. 6 

The Helots might be emancipated, but there were 
several steps between them and the free citizen ; 
and it is doubtful whether they were ever admitted to 
all the privileges of citizenship. Myro 1 enumerate? 
the following classes of emancipated Helots : afa 
raiy adeanoTOi, kpvKTrjpee, deajroaiovavrai and veoda 
(i65e^. Of these the iKberai were probably releasee 
from all service ; the epvKTijpee were those employ- 
ed in war (vid. Erycteres) ; the • decrrocu ovavrai 
served on board the fleet ; and the veoda/uudeic were 
those who had been possessed of freedom for some 
time. Besides these, there were the /uoduvec or fio- 
danec, who were domestic slaves, brought up with 
the young Spartans, and then emancipated. Upon 
being emancipated, they received permission to 
dwell where they wished. (Compare Civitas, 
Greek, p. 260.) 

(Muller, Dorians, iii., 3. — Thirlwall, Greece, vol. i., 
p. 309. — Hermann, Political Antiquities of Greece, 
§ 19, 24, 28, 30, 48.— Wachsmuth, Hellen. Alterth., 
I., i., 217, 19 ; ii., 59, 104, 209, 211, 370-1 ; II., i., 
361.) 

♦HELXFNE (el£tvy), a plant, of which Dioscor- 
ides describes two species : the latter of these is the 
Pellitory of the Wall, or Parietaria officinalis ; the 
former is referred by Bauhin and others to the Con- 
volvulus arvensis, or Gravel-bind. 6 

HEM'ERA. (Vid. Dies.) 

*HE'MERIS (rj/xeplc), the Greek name given by 
Theophrastus to the Quercus robur. (Vid. Quer- 
cus.) 9 

*HEMEROCALLES (v/uepoKaUec). Sprengel, in 
the first edition of his R. H. H., sets this plant down 
for the Pancratium inaritimum, having adopted the 
opinion of Lobel and Bauhin ; but in the second 
edition he holds it to be the Lilium Maccdonicum. 10 

*HEMEROCALLIS (fyepoicaMis), a plant. " The 



1. (Athen., xi v., 74, p. 657.)— 2. (Lye, 28.)— 3. (iv., 80.)— 4. 
(Plut., Lye, 28.)— 5. (Thucyd., iv., 80.) —6. (Vid. Thirlwall't 
Greece, v., p. 103.) — 7. (Myro, ar. Athen., vi., p. 271, F.) — 8. 
(Dioscor., iv., 39 and 86. — Paul. ^Egin., vii., 3. — Adams, Ap- 
pend., s. v.)— 9. (Theophrast., iii , 8.)— 10. (Theophrast., H P 
v., 6. — Adams, Append., s. v.) 



HEiLEA. 



HERES. 



earner commentators," says Adams, "had remarked 
that the rjfiepoKaTJdc of Dioscorides is different from 
that of Theophrastus. The H. of Dioscorides is 
referred by Matthiolus to the Lilium bulbiferum, and 
by Dodonaeus to the L. Martagon. Sprengel seems 
to prefer the former. Sibthorp marks it as the Lil- 
ium Chalccdonicum." 1 

HE'MINA. (Vid. Cotyla.) 
*HEMI'ONUS. (Vid. Mums.) 
•ENAEKA, '01. (Vid. Eleven, the.) 
*HE'PATIS (ij-aric, or uteri rinarlrig), the well- 
known species of Aloes called Hepatic. Dioscori- 
des calls this species to JiTrari&v.* 

•HE'PATUS (vrrarog), the name of a fish briefly 
noticed by Aristotle, iElian, and Athenaeus. "Ar- 
tedi and Rondelet say it is the fish called seipurus 
by the modern Greeks ; but this opinion is rejected 
by Coray, who, however, decides upon nothing satis- 
factory respecting it. Camus, in his notes on Aris- 
totle, concludes that it was the Ostrea margaritife- 
ra, but Schweighaeuser rejects this opinion also. 
Schneider, upon the whole, inclines to think that it 
ought to be referred to the genus Gadus." 3 
HEPHAISTEIA. (Vid. Lampadephoria.) 
*HPAKAEI'A AI60S (i/paKteia Woe), an appel- 
lation given by some of the Greek writers to the 
Iioadstone. Sir J. Hill thinks it Was also applied to 
the Lydian stone ; " but the passage of Theophras- 
tus on which he founds his opinion is," remarks 
Adams, "of equivocal meaning; in fact, his own 
reading will not bear the interpretation which he 
gives it. And there can be no doubt, from a pas- 
sage in Aetius, that our Loadstone was indiscrimi- 
nately called fiayvr}<; and qpanTieia 3i0oc."* 

HER^EA (Upala) is the name of festivals cele- 
brated in honour of Hera in all the towns of Greece 
where the worship of this divinity was introduced. 
The original seat of her worship, from which it 
spread over the other parts of Greece, was Argos ; 
whence her festivals in other places were, more or 
less, imitations of those which were celebrated at 
Argos. 5 The Argives had three temples of Hera : 
one lay between Argos and Mycenae, 45 stadia from 
Argos ; the second lay on the road to the Acropo- 
lis, and near it was the stadium in which the games 
and contests at the Heraea were held ; 6 the third 
was in the city itself. 7 Her service was performed 
by the most distinguished priestesses of the place ; 
one of them was the high-priestess, and the Argives 
counted their years by the date of her office. 9 The 
Heraea of Argos were celebrated every fifth year, 
and, according to the calculation of Bockh, 9 in the 
middle of the second year of every Olympiad. One 
of the great solemnities which took place on the 
occasion was a magnificent procession to the great 
Temple of Hera, between Argos and Mycenae. A 
vast number of young men — for the festival is call- 
ed a panegyris — assembled at Argos, and marched 
in armour to the temple of the goddess. They 
were preceded by one hundred oxen (enarofjidn, 
whence the festival is also called tuaTo/uSata). The 
high-priestess accompanied this procession, riding 
in a chariot drawn by two white oxen, as we see 
from the story of Cleobis and Biton related by He- 
rodotus 10 and Cicero. 11 The 100 oxen were sacri- 
ficed, and their flesh distributed among all the citi- 
zens. 12 The sacrifice itself was called texepva, 13 or 

1. (Dioscor., in., 126. — Adams, Append., s. v.) — 2. (Geopon., 
Ti., 6. — Adams, Append., s. v.) — 3. (Aristot., H. A., ii. — JSIian, 
N. A., ix., 38. — Id. ib., xv., 11. — Athenseus, iii.,70. — Id., vii., 61. 
Schweigh. ad Athen., 1. c. — Adams, Append., s. v.) — 4. (Theo- 
phrast., De Lapid., 10, 74.— Hill ad Theophrast., p. 178.— Aeti- 
us, Tet., i., s. ii., c. 25. — Adams, Append., s. v.) — 5. (Miiller, Dor., 
ii., 10, 9 1.)— 6. (Paus., ii., 24, $ 2.)— 7. (Paus., ii., 22, 9 1.)— 8. 
<Thucyd., ii., 2.)— 9. (Abhandl. der Berl. Akad., von 1818-19, 
p. 92.)- 10. (i.,31.)— 11. (Tuscul.,i.,47.)— 12. (Schol. ad Pind., 
01.. Tit, 152, and ad Nem., x., 39. >— 13. (Hesych., •. v.) 



"the bed of twigs." 1 The games and contests of 
the Heraea took place in the stadium, near the tem- 
ple on the road to the Acropolis. A brazen shield 
was fixed in a place above the theatre, which was 
scarcely accessible to any one, and the young man 
who succeeded in pulling it down received the shield 
and a garland of myrtle as his prize. Hence Pin- 
dar 2 calls the contest uyiov ^a/Ueo^. It seems that 
this contest took place before the procession went 
out to the Heraeon, for Strabo 3 states that the victor 
went with his prizes in solemn procession to that 
temple. This contest was said to have been insti- 
tuted, according to some traditions, by Acrisius and 
Prcetus,* according to others by Archinos. 5 

The Heraea or Hecatombeea of ^Egina were cel- 
ebrated in the same manner as those of Argos. 6 

The Heraea of Samos, which island also derived 
the worship of Hera from Argos, 7 were perhaps 
the most brilliant of all the festivals of this divinity. 
A ' magnificent procession, consisting of maidens 
and married women in splendid attire, and with 
floating hair, 8 together with men and youths in ar- 
mour, 9 went to the Temple of Hera. After they 
arrived within the sacred precincts, the men depos- 
ited their armour, and prayers and vows were offer- 
ed up to the goddess. Her altar consisted of the 
ashes of the victims which had been burned to her. 10 

The Heraea of Elis were celebrated every fifth 
year, or in the fourth year of every Olympiad. 11 
The festival was chiefly celebrated by maidens, and 
conducted by sixteen matrons, who wove the sacred 
peplus for the goddess. But, before the solemnities 
commenced, these matrons sacrificed a pig, and pu- 
rified themselves in the well Piera. 12 One of the 
principal solemnities was a race of the maidens in 
the stadium, for which purpose they were divided 
into three classes, according to their age. The 
youngest ran first, and the oldest last. Their only 
dress on this occasion was a ^trwv, which came 
down to the knee, and their hair was floating. She 
who won the prize received a garland of olive- 
boughs, together with a part of a cow which was 
sacrificed to Hera, and might dedicate her own 
painted likeness in the temple of the goddess. The 
sixteen matrons were attended by as many female 
attendants, and performed tw 7 o dances ; the one 
called the dance of Physcoa, the other the dance of 
Hippodameia. Respecting farther particulars, and 
the history of this solemnity, see Paus., v., 16, § 2, 
&c. 

Heraea were celebrated in various other places ; 
e.g., in Cos, 13 at Corinth, 14 at Athens, 15 at Cnossus 
in Crete. 16 

HERE'DITAS. (Vid. Heres, Roman.) 

HERES (GREEK). The Athenian laws of in- 
heritance are to be explained under this title. The 
subject may be divided into five parts, of which we 
shall speak : 1st, of personal capacity to inherit ; 
2dly, of the rules of descent and succession ; 3dly, 
of the power of devising ; 4thly, of the remedies of 
the heir for recovering his rights ; 5thly, of the ob- 
ligations to which he succeeded. 

I. Of Personal Capacity to Inherit. — To obtain the 
right of inheritance as well as citizenship (uyxiareia 
and iroltTeia), legitimacy was a necessary qualifica- 
tion. Those children were legitimate who were 
born in lawful wedlock. 17 The validity of a mar- 
riage depended partly on the capacity of the con- 

1. (Compare Welcker on Sclrwenck's Etymologische Andeu- 
tungen, p. 268.)— 2. (Nem., x., 41.)— 3. (viii., p. 556.)— 4. {JEW- 
an, V. H., iii., 24.)— 5. (Schol. ad Pind., 01., vii., 152.)— 6. 
(Schol. ad Pind., Isthm., viii., 114.— Miiller, JEgiwit., p. 149.)— 
7. (Paus., viii., 4, 9 4.) — 8. (Asins ap. Athen., xii., p 525.)— 9. 
(Polyaen., Strat., i., 23.— Id. ib., vi., 45.)— 10. (Paus., v, 13, $ 
5.)— 11. (Corsini, Dissert., iii., 30.)— 12. (Pans., v.. 16, 9 5.)— 
13. (Athen., xiv., p. 639.— Id., vi., p. 262.)— 14. (Eurip., Med., 
1379.— Philostr., Her., xix., 14.)— 15. (Plut.. Quacst. Rom., vii.. 
168.)— 16. (Diod. Sic, v., 72 -17. (Demosth., c. Nea;r., 1386.1 

403 



HERES. 



HERES-. 



iracting parties, partly on the nature of the con- 
tract. On the first point little needs to be noticed 
here, except that brother and sister by the same 
mother were forbidden to marry ; but consanguini- 
ty in general was so far from being deemed an ob- 
jection, that marriage between collateral relations 
was encouraged, in order to keep the property in 
the family. 1 The contract was made by the hus- 
band with the father, brother, or other legal guardi- 
an (icvpioc) of the intended wife ; then only was she 
properly betrothed (eyyvnr^). An heiress, however, 
was assigned or adjudged to the next of kin (kmdi- 
naadelaa) by process of law, as explained under 
Epiclerus. 2 No ceremony was necessary to ratify 
the contract ; but it was usual to betroth the bride 
in the presence of witnesses, and to give a marriage 
feast } and invite the friends and relatives, for the 
sake of publicity. 3 A marriage without proper es- 
pousals was irregular ; but the issue lost their herit- 
able rights only, not their franchise ; and the former, 
it seems, might be restored, if the members of their 
father's clan would consent to their being register- 
ed.* As it was necessary for every man to be en- 
rolled in his clan in order to obtain his full civil 
rights, so was the registration the best evidence of 
legitimacy, and the (ppuropec and ovyyevelc were 
usually called to prove it in courts of justice. 8 For 
farther particulars, see Platner, Beitrdge, 104, &c. 
— Wachsmuth, i., 2, 31, and 148 ; ii., 1, 204, &c— 
Schomann, Ant. J. P. Gr., v., 19, 21, 88. 

II. Of the Rules of Descent and Succession. — Here 
we would premise that, as the Athenian law made 
no difference, in this respect, between real and per- 
sonal estate, the words heir, inherit, &.c, will be ap- 
plied indiscriminately to both. When an Athenian 
died leaving sons, they shared the inheritance, like 
our heirs in gavelkind, and as they now do in 
France ; 6 a law no less favourable to that balance 
of property which Solon meant to establish, than 
the law of primogeniture was suited to the military 
eristocracies created in the feudal times. The only 
Ed vantage possessed by the eldest son was the first 
choice in the division. 7 If there was but one son, 
he took the whole estate ; but if he had sisters, it 
was incumbent on him to provide for them, and 
give them suitable marriage portions ; they were 
then called eirlirpoLKoi. 9 There was no positive 
law making it imperative on a brother to give his 
sister a portion of a certain amount ; but the moral 
obligation to assign her a fortune corresponding to 
his own rank was strengthened by custom and pub- 
lic opinion, insomuch that, if she was given in mar- 
riage portionless, it was deemed a slur upon her 
character, and might even raise a doubt of her le- 
gitimacy. 9 

On failure of sons and their issue, daughters 
and daughters' children succeeded (as to the law 
concerning heiresses, vid. Epiclerus) ; and there 
seems to have been no limit to the succession in 
the descending line. 10 If the deceased left grandsons 
by different sons, it is clear that they would take 
the shares of their respective fathers. So if he had 
a granddaughter by one son, and a grandson by an- 
other, the latter would not exclude the former, as a 



1. (Andoc, De Myst., 119.— Id., c. Alcib., 33, ed. Bekker.— 
Lys., c. Ale, 41, ed. Bekker. — Demosth., c. Leoch., 1083. — Id., 
c. Eubul., 1305.— Plut., Cimon, 4.— Id., Themist., 32.)— 2. (Isae- 
us, De Cir. hsered., 26. — Id., De Philoct. haered., 19, ed. Becker. 
—Demosth., Pro Phorm., 954.— Id., c. Steph., 1134.)— 3. (Isae- 
us, De Cir. haered., 18. — Demosth., c. Onet., 869. — Id., c. Eubul., 
1311. 1312.)— 4. (Ismus, De Philoct. haered., 29-33.)— 5. (Andoc, 
De Myst., 127, ed. Becker. — Isaeus, De Cir. htered., 26. — Id., De 
Philoct., 13.— Demosth., c. Eubul., 1305, &c.)— 6. (Isreus, De 
Philoct. haered., 32.)— 7. (Demosth., Pro Phorm., 947.)— 8. (Har- 
pocr., s. v. 'Eirto't/coj.) — 9. (Isaeus, De Pyrrh. haered., 40. — Lys., 
De Arist. bon., 16, ed. Becker. — Demosth., c. Bceot. de dote, 
1014.)— 10. (Isaeus, De Cir. haered., 39-46.— Id., De Pyrrh. haered., 
M. -Id., De Philoct., 3S, 67.— Demosth., c Macart., 1057, 1058.) 
494 



brother would a sister, but both would bhare alike. 
Of this there is no direct evidence; but it follows 
from a principle of Attic law, by which, on the birth 
of a son, his title to his father's inheritance, or to a 
share thereof, immediately accrued ; if then he died 
before his father, but leaving issue, they claimed 
their grandfather's inheritance as representing him. 
It was otherwise with daughters. Their title did 
not thus accrue ; and, therefore, it was the practice 
for the son of an heiress to be adopted into his ma- 
ternal grandfather's house, and to become his son 
in point of law. Farther (as will presently be 
shown), the general preference of males to females 
did not commence till the deceased father's de- 
scendants were exhausted. 

On failure of lineal descendants, the collateral 
branches were resorted to. And first came the 
issue of the same father with the deceased, viz., 
brothers and brothers' children, the children of a 
deceased brother taking the share of their father ; l 
and after them, sisters and sisters' children, among 
whom the principle of representation also prevail 
ed ; a but whether sisters' children took per stirpes 
or per capita, does not appear. 

Next come the descendants of the same grand 
father with the deceased ; cousins and cousins' 
children. Here the law declared that males and 
the issue of males should be preferred to females 
and their issue. 3 Thus the son of an uncle would 
exclude the son of an aunt, while the son of an 
aunt would exclude the daughter of an uncle. On 
the same principle, Isaeus* contends that the son of 
a female first cousin prevented his mother's sister 
from inheriting, although he was farther removed 
from the deceased (yevei aTcorepo) by one degree. 
This preference, however, was confined to those 
who were descended from the same common an 
cestor, that is to say, from the grandfather of the 
deceased ; for the words e/c tov avruv in Demos- 
thenes are to be explained by the rptTu yevei of Isne 
us. Therefore, a first cousin once removed, claim 
ing through a female, had a better title than a second 
cousin claiming through males ; for a second cous- 
in is descended, not from the grandfather, but only 
from the great-grandfather of the deceased, and so 
is beyond the legal degrees of succession (l£w t% 
dyyiareiac or ovyyeveiac ). On this Eubulides founds 
his pretension to the estate of Hagnias, because he 
claims as representative (son by adoption) of his 
maternal grandfather, who was first cousin to Hag- 
nias ; whereas the father of his opponent, Macarta- 
tus, was second cousin to Hagnias, and (as Demos- 
thenes expresses it) was not in the same branch of 
the family {ova ek tov oIkov tov 'Ayviov 6 ). 

On failure of first cousins and their issue, the 
inheritance went to the half-blood by the mother's 
side ; brothers and sisters, nephews and nieces, 
cousins and their children, as before. But if there 
were no maternal kinsmen within the legal degree., 
it returned to the agnati, or next of kin on the pa- 
ternal side (rove irpbc rcarpoc), whose proximity 
was traced by counting the degrees from the com- 
mon ancestor. 6 

The succession of parents to their children is 
matter of dispute among the learned. From the 
silence of the orators, the absence of any example, 
and the express declaration of Isasus 7 respecting 
the mother, it may be inferred that parents could 
not inherit at Athens. At Athens, the maxim he- 
reditas nunquam ascendit held only of lineal, not of 
collateral ascent. For example, an uncle mighl 



1. (Isaeus, De Hagn. haered., i., 2. — Demosth., c. Macart., 
1067.— Id., c. Leoch., 1083.)— 2. (Isaeus, De Apoll. haered., 23.)- 
3. (Isaeus, De Hagn. haered.. i., ti. — Demosth., c. Macart., 1067.) 
—4. (De Apoll. ueered., 25, 26.)- -5. (c. Macart., 1070.)— 6. (Isae- 
us, De Hagn. haered., 1-18. — Demosth., c. Macart., 1067.) — 7 
(De Hagn. hsered., 26.) 






HERES 



HERE'S. 



inherit. 1 So also he might marry the heiress, as 
next of kin. 3 On this part of the subject the reader 
is referred to Wachsmuth, ii., 1, 212, &c. ; Bunsen, 
De jure hcred. Alhcn. ; Sir William Jones's Com- 
mentary annexed to the translation of Isaeus ; and a 
short summary of the law by Schomann, Ant. J. P. 
Gr., v., 20. These and other writers are not agreed 
on many of the foregoing points, which are left in 
much obscurity, owing to the mutilated state in 
which the laws have reached us, and the artifices 
used by the orators to misrepresent the truth. 

It will assist the student to be informed that 
aveipios signifies a first cousin. 'Aveipiafiovc is a first 
cousin's son, formed in the same manner as adeX- 
(p(6ov<; from adetyog, and dvyarptdove from ■&vyaTrjp. 
Thus my first cousin's son is avefiadovg to me, but 
not conversely. Again, though it is true that two 
or more second cousins may be spoken of collect- 
ively as aveipiadol, 3 yet one of them cannot be said 
to be averpiadove to another. Herein consists the 
fallacy of those who maintain that second cousins 
came within the legal degrees of succession. 

KX?jpoc is the subject matter of inheritance, or 
(in one sense of the word) the inheritance ; Kkr/po- 
vo/ioc, the heir, 'Ayxtareia, proximity of blood in 
reference to succession, and sometimes right of suc- 
cession. Zvyyeveia, natural consanguinity. 2uy- 
yevelc, collateral relatives, are opposed to EKyovot, 
lineal descendants. 

III. Of the Power of Devising. — That the owner 
had power to alienate his property during his life- 
time, and that such alienation was valid in point of 
law, both as against the heir and all the rest of the 
world, is beyond a doubt. There was, however, 
an ancient law, which punished with degradation 
(ari/xca) a man who had wasted his patrimony (ra 
rrarpwa KaTedqdoKuc). He was considered an of- 
fender against the state, because he disabled him- 
self from contributing to the public service. Pros- 
ecutions for such an offence were rare ; but the 
reputation of a spendthrift was always prejudicial 
to a man in a court of justice.* 

Every man of full age and sound mind, not under 
durance or improper influence, was competent to 
make a will ; but if he had a son, he could not dis- 
inherit him, although his will might take effect on 
the contingency of the son not completing his seven- 
teenth year. 5 The bulk of the estate being left to 
the son, legacies might be given to friends and rel- 
atives, especially to those who performed the office 
of our executor or testamentary guardian. 8 And in 
the division of property among sons, the recom- 
mendations of the father would be attended to. 7 
Also a provision, not exceeding a thousand drach- 
mas, might be assigned to an illegitimate child. 8 

A daughter could not be disinherited, though the 
estate might be devised to any person on condition 
of his marrying her. 9 

It was only when a man had no issue that he 
was at full liberty to appoint an heir. His house 
and heritage were then considered desolate (eprjfioe 
Kal uvuvv/xog), a great misfortune in the eyes of an 
Athenian ; for every head of a family was anxious 
to transmit his name and religious usages to pos- 
terity. The same feeling prevailed among the 
Greeks in more ancient times. We learn from 
Hesychius and the Etymol. Mag. that distant rela- 
tives were called xvpuorat, because, when they in- 
herited, the house was ^pevwv nai epjjpoc. 10 To 



1 (Isaeus, De Cleon. haered., 55.) — 2. (De Pyrrh. haered., 90.) 
— 3. (Demosth., c. Steph., 1117.)— 4. (Diog. Laert., Solon, 55. 
— iEschin., c. Timarch., 97-105, 154, ed. Bekker.)— 5. (Isaeus, 
De Arist. hsered., 14. — Id., De Philoct., 10. — Demosth., c. 
Steph., 1133, 1136.) — 6. (Demosth., c. Aphob., 814, 627.)— 7. 
(Demosth., c. Macart.,1055 — Id., Pro Phorm., 955.)— 8. (Har- 
pocrat., s v. Nodela.)— 9. (Isaeus, De Pyrrh. haered., 82-84.)— 
10. (Vid. Horn., II., v., 158.— Hes., Theog., 607.) 



obviate this misfortune, an Athenian had two cour- 
ses open to hinz. Either he might bequeath hia 
property by will, or he might adopt a son in his life- 
time. (Vid. Adoption, Greek.) 

Wills were in writing, and usually had one or 
more attesting witnesses, whose names were super- 
scribed, but who did not know the contents. They ) 
were often deposited with friends, or other trust- 
worthy persons, such as a magistrate. It was con- 
sidered a badge of fraud if they were made secretly 
or in the presence of strangers. 1 A will was am- 
bulatory until the death of the maker, and might be 
revoked, wholly or partially, by a new one. It 
seems, also, that there might be a parol revocation. 2 
The client of Isaeus, in the last-cited cause, con- 
tends that the testator sent for the depositary of 
his will with an intention to cancel it, but died be- 
fore he got it into his possession ; this (he says) 
was a virtual revocation. He calls witnesses to 
prove the testator's affection for himself and dislike 
of his opponents, and thence infers that the will 
was unnatural, and a proof of insanity. Simha» 
arguments were often used. 3 

With respect to the proceeding by which a father 
publicly renounced his paternal authority over his 
son, vid. Apoceryxis. Plato* refers to it, and rec- 
ommends that a father should not take such a step 
alone, but in conjunction with the other members 
of the family. At Athens, the paternal authority 
ceased altogether after the son had completed his 
nineteenth year ; he was then considered to belong 
less to his father than to the state. 5 

IV. Of the Remedies of the Heir for Recovering his 
Rights. — A son or other male descendant might 
enter and take possession of the estate immediately 
after the owner's death. 6 If he was prevented from 
so doing, he might bring an action of ejectment 
against the intruder. {Vid. Embateia.) Any one 
who disturbed a minor in the enjoyment of his pat- 
rimony was liable to a criminal prosecution (/ca«c> 
ceuc elaayyeXia}). As to the proceedings in case 
of heiress, vid. Epiclerus. 

Other heirs at law, and claimants by adoption or 
devise, were not at liberty to enter until the estate 
was formally adjudged to them. The proper course 
was to make application to the archon, who attended 
at his office for that purpose every month in the year 
except the last (Scirophorion). The party who ap- 
plied was regarded as a suitor, and (on obtaining a 
hearing) was said Aayxavetv tov K?.ijpov. s 

At the first regular assembly (avpia kuKArjcia), 
held after he had received notice, the archon caused 
proclamation to be made that such a person had 
died without issue, and that such and such persons 
claimed to be his heirs. The herald then asked el 
Tie u/j,<picr67]Teiv ri TTapanaTa6dX?.ELV jSovAerai rov katj 
pov : these words are variously interpreted. Per 
haps the best explanation is this : 'A/u(l)io6nTEiv is a 
term of general import, applied to all who dispute 
the title of another, and would include those whc 
claimed a moiety or other share of the estate. lie- 
panaTa6uXkF.lv signifies to make a deposite by waj 
of security for costs, which was required of those 
who maintained their exclusive title to the whole 
inheritance. Perhaps, however, the payment in 
this case was optional, and might be intended for 
the mere purpose of compelling the other parties to 
do the same. The deposite thus paid was a tenth 

1. (Isceus, De Philoct. haered., 8. — Id., De Astyph. haered.. 
8-17.— Demosth., c. Steph., 1137.)— 2. (Isaeus, De Philoct. has 
red., 40. — Id., De Cleon., haered., 32.) — 3. (Isaeus, De Nicosi 
haered., 23.— Id., De Astyph. haered., 21.) — 4. (Leg., xi., 9, r 
928.) — 5. (Valckenaer ad Ammonium, s. v. 'AiroKf/pvKTos.- 
Meier, De Bonis Damn., p. 26.)— 6. (Isaeus, De Pyrrh. haered 
72.— Id., De Cic. haered., 47.)— 7. (Iseeus, De Pyrrh. haered . 
76.)— 8. (Isaeus, De Hagn. hsered., 22, 40.— Id.. De Pyrrh. ta- 
red, 74. — Id., De Astyph. haered., 4. — Demosth., c. Steph.. 
1136.) 

495 



HERES. 



HLIRES. 



part of the value of the property in dispute, and was 
returned to the party if successful. 1 

if no other claimant appeared, the archon adjudged 
the estate to th^ first suitor (krced'tKaaev avrti top 
K?i7jpov). If, however, there were adverse claims, 
he proceeded to prepare the cause for trial (dtadi- 
Kacia). First came the avdtcpitnc, in the usual way, 
except that no party was considered as plaintiff or 
defendant ; and the bills, in which they set forth 
their respective titles, were called avriypatiaL* 
The dicasts were then to be summoned, and, what- 
ever the number of parties, one court was held for 
the decision of all their claims. If any one neglect- 
ed to attend on the appointed day, and had no good 
excuse to offer, his claim was struck out of the 
record (Sceypd<f>n tj d/Kfuo^Tijai^), and the contest 
was carried on between the remaining parties, or if 
hut one, the estate was awarded to him. 3 The 
trial was thus managed. The dicasts had to give 
their verdict either for one person proving a title to 
the whole, or for several persons coming in under 
the same title, as (for instance) two brothers entitled 
each to a moiety. One balloting box, therefore, was 
provided for every party who appeared in a distinct 
interest. The speeches were measured by the clep- 
sydra. Each party had an d/xtpopevc of water for 
his first speech, and half that, or three ^oeZf, for the 
second.* That these arrangements gave rise to 
fraud and collusion, is clearly shown in the cases 
above cited. 

The verdict, if fairly obtained, was final against 
the parties to the cause. But any other person, who 
by absence or unavoidable accident was prevented 
from being a party, might afterward bring an action 
against the successful candidate, to recover the 
estate. He was then obliged to pay his deposite 
{napoKaTafioXr]), summon the defendant, and proceed 
in other respects as in an ordinary suit. This he 
might do at any time during the life of the person 
in possession, and within five years after his death. 5 

It has hitherto been supposed that a simple issue 
was raised between the litigant parties, viz., who 
was entitled to possess the estate ; and that they 
proceeded at once to the trial of such issue. This 
was called evdvdiKia eladvai. The cause, however, 
might become more complicated, if one of the par- 
ties chose to make exception to the right of any 
other to dispute his title : this was done by tendering 
an affidavit (diafiapTvpia) (vid. Diamartyria), sworn 
either by himself or by another, wherein he declared 
that the estate was not the subject of litigation (fir/ 
kTcidLnog), and alleged some matter of fact or law to 
support his assertion. Sons, adopted sons, and per- 
sons in legal possession were allowed this advan- 
tage. For example, a witness might depose that 
the last occupier had left male issue surviving him, 
and therefore the property could not be claimed by 
any collateral relative or devisee : or that the title 
had already been legally determined, and that the 
new claimants were not at liberty to reopen the 
question. This had the effect of a dilatory plea, 
and stayed farther proceedings in the cause. 6 If 
then the suitor was resolved to prosecute his claim, 
he had no other course but to procure a conviction 
of the witness (who had sworn the affidavit) in an 
action for false testimony (6iktj il>evdop,apTvpi£)v). 
Examples of such actions are the causes in which 
Demosthenes was engaged against Leochares, and 



1. (Pollux, Onom., viii., 32, 95.— Isaeus, De Nicost. haered., 
13. — Id., De Hagn. haered., 20. — Demosth., c. Maeart., 1051. — 
Id., c. Leoch., 1090-1093.)— 2. (Harpocr., s. v.— Demosth., c. 
Olymp., 1173, 1175.) — 3. (Demosth., c. Olymp., 1174.) — 4. (Isa?- 
us, De Hagn. haered., 30, &c. — Demosth., c. Maeart., 1052.) — 5. 
(Isaeus, De Pyrrh. haered., 70. — Demosth., c. Olymp., 1175. — Id., 
c. Maeart., 1054.)— 6. (Isaeus, De Dicaeog-. haered., 30. — Id., De 
ApoU., 3.— J<\., De Philoct 4 52.— Id., De Pyrrh., 3.— De- 
nocth., c. Leoorv., 1097 1 
4% 



Isaeus for the estate of Philoetemon. On the trial 
of the witness, the questions were, first, the truth of 
the facts deposed to ; secondly, their legal effect, 
if true. With respect to the witness, the conse- 
quences were the same as in any other action for 
false testimony. (Vid. Martyria.) With respect 
to the original cause, nothing fartherwas determined 
than that it could or could not be entertained ; the 
dcauaprvpia in this particular resembling the napa- 
ypa(prj. If the court decided that the suit could be 
entertained, the parties proceeded to trial in the 
manner before explained. 

As to the farther remedies to be pursued by the 
successful party in order to obtain the fruits of his 
judgment, vid. Embateia, ENOIKIOY, and ESOT- 
AH2 AIKAI. And on this part of the subject, vid. 
Meier, Att. Proc, p. 459, 616, 638; Platner, Att. 
Proc, i., 163 ; ii., 309. 

V. Of the Obligations to which the Heir succeeded. 
— The first duty of an heir, as with us of an execu- 
tor, was to bury the dead and perform the custom- 
ary funeral rites (rd vofic^djueva itoulv). It is well 
known what importance was attached to this by the 
ancients. The Athenian law regulated the time of 
burial, and the order in which the female relatives 
should attend. If no money was left to pay the 
expenses of burial, still the nearest relatives were 
bound to defray them ; and if they neglected to per- 
form their duty, the chief magistrate (^fi/xapxoc) of 
the demus in which the death took place, after 
warning them by public notice (dvatoelv kqI ftd-K-Eiv 
Kal Kadaipeiv tov df/uov), got the work done by con- 
tract, paid for it himself, and was then empowered 
to sue them for double the amount. When a lich 
man died, there was no backwardness about hia 
funeral. It is rather amusing to see how eagerly 
the relatives hastened to show respect to his mem- 
ory, as if to raise a presumption of their being the 
heirs. 1 

Children who neglected to bury their {irents 
were liable to a criminal prosecution (ypa<j>7j nandy 
aeuc yeveov), just as they were for refusing to sup- 
port or assist them in their lifetime. The word yo- 
velq, in this case, includes all ancestors. 2 

Among heritable obligations may be reckoned that 
of marrying a poor heiress (#??o*<7a), or giving her in 
marriage with a suitable portion. (Vid. Epiclerus, 
and Meurs., Them. Att., i., 13.) 

That the heir was bound to pay the debts of the 
deceased, as far as the assets would extend, cannot 
be doubted. Five years seems to have been the 
period for the limitation of actions against him (irpo- 
deauia). In case of a mortgage, he was entitled 
only to the surplus of the mortgaged property, re- 
maining after payment of the debt charged thereon. 3 

State debtors, such as farmers of the public rev- 
enue who had made default, or persons condemned 
to pay a fine or penalty, were disfranchised (ari/zoi) 
until they had settled the debt, and the disgrace ex- 
tended to their posterity. Thus Cimon, son of Mil- 
tiades, was compelled to pay a fine of fifty talents 
which had been imposed on his father ; and the 
story is, that Callias advanced him the money in 
return for the hand of his sister Elpinice* When 
the whole of a man's property was confiscated, of 
course nothing could descend to his heir. It seoms 
to have been a common practice, in such a case, for 
the relatives of the deceased to conceal his effects, 
or to lay claim to them by pretended mortgages 
Against these frauds there were severe penalties, as 

1. (Isaeus, De Astyph. haered., 40 ; De Cir. haered., 29-33 ; D* 
Nicost. haered., 9, 25.— Demosth., c. Maeart., 1069, 1071.)— 2. 
(Meier, De Bon. Damn., 126.)— 3. (Lys., De Bon. Publ., 4, 5.— 
Iszeas, De Arist. haered., 23. — Demosth., c. Calhpp., 1240. — Id., 
c. Spud., 1030. — Id., c. Nausim., 988, 989.)— 4. (Demosth., c. 
Androt., 603.— Id., c. Theoc., 1322, 1327.— Id., c. Aphob., 836.— 
Id., Pro Cor., 329.— Id., c. Maeart., 1069.) 



HERES. 



HERES. 



maybe seen from the speeches 01 Lysias, c. Philoci., 
•.rid de bon. Arist. 1 

The posterity of those who were put to death by 
the people, or were convicted of certain infamous 
crimes, such as theft, inherited the a-t\ila of their 
ancestors, a damnosa heredilas, which they could 
not decline or escape from. It may be compared 
to the corruption of blood following upon attainder 
in the feudal law. The legislator seems to have 
thought that such children must be the natural en- 
emies of their country, and ought to be disarmed of 
all power to do mischief. We cannot wonder at 
this, when we consider that, with respect to private 
feuds, it was deemed honourable and meritorious in 
lhe child to preserve the enmity of the father ; and 
we find public prosecutors (as in the opening of the 
speech of Lysias against Agoratus, of Demosthenes 
against Theocrines) telling the dicasts that they 
had been induced to come forward by a desire to 
avenge the wrongs of their family. In the same 
spirit, the Athenian law required that men guilty of 
unintentional homicide should remain in exile until 
they had appeased the nearest relatives of the de- 
ceased, to whom it more especially belonged to re- 
sent and forgive the injury. 2 

Isaeus tells us that parents who apprehended 
their own insolvency used to get their children 
adopted into other families, that they might escape 
the consequences. 3 This, however, could not be 
done after the infamy had once attached.* 

We find no mention of property escheating to 
the state of Athens for want of heirs. This proba- 
bly arose from a principle of Athenian law, accord- 
ing to which no civic family was suffered to expire ; 
and, therefore, the property of an intestate was al- 
ways assigned to such person as was most fit to be 
ais successor and representative. With aliens, and 
those illegitimate children who were regarded as 
nliens, it was, no doubt, otherwise. 5 

HERES (ROMAN). When a man died, a cer- 
ium person or certain persons succeeded to all his 
property, under the name of hcres or heredes : this 
was a universal succession, the whole property be- 
ing considered a unity. Such a succession compre- 
hended all the rights and liabilities of the person de- 
ceased, and was expressed by the term hereditas. 
The word hereditas is accordingly defined to be a 
succession to all the rights of the deceased. 6 The 
term p' cunia is sometimes used to express the 
whol*" properly of a testator or intestate ; 7 but it 
only expresses it as property, and therefore the def- 
inition of hereditas by pecunia would be incomplete. 
Cicero 8 completes the definition thus : " Hereditas 
est pecunia qu<z morte alicujus ad quempiam pervenit 
jure, nee ea aut legata testamento aut posscssione re- 
teata.' 1 '' The negative part of the definition excludes 
legacies and property of the deceased, the owner- 
ship of which is acquired by a sufficient possession. 
The word "jure" excludes the " bonorum posses- 
Bio," in opposition to which the hereditas is appro- 
priately called " justa." The heres was the owner 
who had acquired all that had belonged to another, 
morte and jure ; the etymological relation of the 
word to herus seems probable. 

A person might become a heres by being named 
bo such (institutus, scriptus, faclus) in a will, exe- 
cuted by a competent person, according to the forms 
required by law. (Vid. Testamentum.) If a person 
died intestate (intestatus), or having made a will 
shich was not valid, the inheritance came to those 

1. (Meier, De Bon. Damn., 212.)— 2. (Demosth., c. Meid., 551. 
—Id., c. Aristoc.. 640, 643.— Id., c. Aristog., 790. — Id., c. Ma- 
cart., 1069.— Meier, De Bon. Damn., 106, 136. — Wachsmuth, 
)i., 1, 243-256, 268.)— 3. (De Arist. haered., 24.)— 4. (Meier, De 
Bon. Damn., 136.— jEsch., c. Ctes., 21, ed. Becker.)— 5. (Meier, 
De Bon. Damn., 148.)— 6. (Dig. 50, tit. 16, s. 24.)— 7. (Cic, Do 
Invent., ii , 21.— Gaius, ii., 104.)— 8. (Top., 6.) 
It R R 



to whoPi the law gave it in such cases, and was 
called hereditas legitima or ab intestato. But a man 
could not die testate as to part of his property and 
intestate as to another part, except he were a sol- 
dier, whose testamentary dispositions were consid. 
erod with great indulgence. The reason of this ap- 
pears to be the legal unity of the hereditas : a tes- 
tamentary disposition of a part was not a disposition 
of the whole, and, consequently, it was no disposi- 
tion at all. 

In order that a testamentary succession should 
take place, the person dying must have such prop- 
erty or such rights as are capable of being transmit- 
ted to another ; consequently, neither a slave nor a 
filius-familias, according to the old Roman law, 
could make a heres. Also, the person who is made 
heres must have a legal capacity to be heres. Gen- 
erally, all persons who had the commercium could 
be made heredes, and, consequently, all Roman cit 
izens, and even slaves. (Vid. Testamentum.) 

The institution of a heres was that formality 
which could not be dispensed with in a will. If the 
testator named no heres or heredes, and complied 
with all the other legal forms, still his disposition 
of his property was not a will, The heres called 
heres directus, or simply heres, represented the 
testator, and was thus opposed to the heres fidei- 
commissarius. {Vid. Fideicommissum.) The tes- 
tator might either name one person as heres, or he 
might name several heredes (coheredes), and he 
might divide the hereditas among them as he pleas- 
ed. The shares of the heredes were generally ex- 
pressed by reference to the division of the As : thus 
" heres ex asse" is heres to the whole property , 
" heres ex dodrante," heres to three fourths; " he- 
res ex semuncia," heir to one twenty- fourth. 1 If 
there were several heredes named, without any def- 
inite shares being given to them, the property be- 
longed to them in equal shares. 

If the testator had a legal capacity to dispose, and 
if his will was made in due form, the first inquiry 
as to the heres was, whether he had a legal capacity 
to take what was given to him. He must have this 
capacity at the time of the institution, at the time 
of the testator's death, and at the time of accepting 
the inheritance. This capacity might be expressed 
by the words "testamenti factio," an expression 
which had reference not only to the legal capacity 
of the testator, but also to the legal capacity of the 
person named heres. As a general rule, only Ro- 
man citizens could be named as heredes in the will 
of a Roman citizen ; but a slave could also be named 
heres, though he had no power to make a will, and 
a filius-familias could also be named heres, though 
he was under the same incapacity; for the slave, 
if he belonged to the testator, could, by testament, 
receive his freedom and become heres ; and if ha 
belonged to another person, he took the inheritance 
for the benefit of his master : the filius-familias, in 
like manner, acquired it for his father. Persons, not 
Roman citizens, who had received the commercium, 
could take hereditates by testament. 2 

Heredes were either necessarii, sui et necessarii, 
or extranei. The heres necessarius was a slave of 
the testator, who was made a heres and liber at the 
same time ; and he was called a necessarius, be- 
cause of the necessity that he was under of accept- 
ing the hereditas. A slave was sometimes appoint- 
ed heres, if the testator thought that he was not 
solvent, for the purpose of evading the ignominia 
which was a consequence of a person's property be- 
ing sold to pay his debts, as explained by Gaius.' 
The heredes sui et necessarii were sons and daugh- 

I. (Cic. ad Att., xiii., 48. — Id. ib., vii., 8.-U., Pro Carina, 
c. 6.)— 2. (Cic, Pro Csecina, 7, 32.— Savigny, Zeitsrhrift, t., p 
229, &e.)— 3. (ii- 154, &c.) 

4«»7 



HERE*. 



HERES. 



ters, and the sons and daughters of a son who were 
in the power of a testator ; but a grandson or grand- 
daughter could not be a suus heres unless the testa- 
tor's son had ceased to be a suus heres in the testa- 
tor's lifetime, either by death or being released from 
his power. These heredes sui were called neces- 
6arii, because of tae necessity that they were under, 
according to the civil law, of taking the hereditas 
with its encumbrances. But the praetor allowed 
such persons to refuse the hereditas (abstinere se ab 
hereditate), and to allow the property to be sold to 
pay the testator's debts (an instance is mentioned 
by Cicero 1 ) ; and he gave the same privilege to a 
mancipated son (qui in causa mancipii est). All oth- 
er heredes are called extranei, and comprehend all 
persons who are not in the power of a testator, such 
as emancipated children. As a mother had no po- 
testas over her children, they were extranei heredes 
when named heredes in her will. Extranei heredes 
had the potestas or jus deliberandi, or privilege of 
considering whether they would accept the heredi- 
tas or not ; but if either extranei heredes, or those 
w r ho had the abstinendi potestas, meddled with the 
testator's property, they could not aftenvard dis- 
claim the inheritance, unless the person who had 
so meddled was under twenty-five years of age, and 
so belonged to a class who were relieved by the 
praetor in all cases where they were overreached 
(vid. Curator), and also in cases where they had 
accepted an insolvent hereditas (damnosa hereditas). 
The Emperor Hadrian gave this relief to a person 
above twenty-five years of age who had accepted an 
hereditas, and afterward discovered that it was en- 
cumbered with a heavy debt. 2 

A certain time was allowed to extranei for the 
cretio hereditatis, that is, for them to determine 
whether they would take the hereditas or not : 
hence the phrase cernere hereditatem. Thus, if 
the testator had written in his will " Heres Titius 
esto," he ought to add, " Cernitoque in centum diebus 
■proxumis quibus scies potcrisque : quod ni ita creveris 
exheres esto." 3 If the extraneus wished to take the 
hereditas, he was required to make a formal decla- 
ration of his intention within the time named (intra 
diem cretionis). The formal words of cretion were 
" earn hereditatem adeo cernoque." Unless he did 
this, he lost the hereditas, and he could not obtain 
it merely by acting as heres (pro herede gerendo). 
If a person was named heres without any time of 
cretion being fixed, or if he succeeded (legitimo jure) 
to the property of an intestate, he might become 
heres without any formal declaration of his inten- 
tion, and might take possession of the hereditas 
when he pleased : but the praetor was accustomed, 
upon the demand of the creditors of the testator or 
intestate, to name a time within which the heres 
should take possession, and in default of his doing 
so, he gave the creditors permission to sell the prop- 
erty. The common form of cretion in the will (vul- 
garis cretio) has been already mentioned. Some- 
times the words " quibus sciet poteritque" were 
omitted, and it was then specially called " cretio 
certorum dierum." which was the more disadvanta- 
geous to the heres, as the days began to be reckon- 
ed, or, as we say, the time began to run immediate- 
ly, aad it was not reckoned from the time when the 
#eres knew that he was named heres, and had no 
impediment to his cretion. 

It was not unusual to make several degrees of he- 
cedes in & will, which was called substitutio. Thus, 
ifijthe formula beginning "Heres Titius," &c., after 
*:he words " exheres esto," the testator might add, 
u Tarn M&vius heres esto cernitoque in diebus cen- 



1. .{C&c PJfckiL, ii., 16.)— 2. (Gaius, ii., 163^ — 3. (Gains, ii., 
IG5 —Cic, De ©rat., i.. 22.) 
498 



him," &c. ; and he might go on substituting as fai 
as he pleased. The person first named as herea 
(primo gradu) became heres by the act of cretion ; 
and the substitutus (secundus heres 1 ) was then en 
tirely excluded. If the words "si non creveris" 
were not followed by words of exheredation, this 
gave some advantage to the first heres : for instance, 
if he neglected the formality of cretion, and only 
acted as heres, he did not lose all, but shared the 
hereditas equally with the substituted person. This 
was the old rule ; but a constitution of Aureliua 
made the acting as heres equivalent to cretion, pro- 
vide 3 such action took place within the time of cre- 
tion. 

In the case of liberi impuberes, who were in the 
power of a testator, there might be not only the 
kind of substitution just mentioned (vulgaris substi- 
tutio), but the testator might declare that if such 
children should live to become his heredes, and 
should die impuberes, some other person, whom he 
named, should be his heres. This was expressed 
thus : " si prius moriatur quam in suam tulelam ve- 
nerit ;" 3 for the termination of impuberty and of the 
tutela were coincident. (Vid. Curator.) Thus, as 
Gaius remarks, one testamentary disposition com- 
prised two hereditates. This w r as called pupillaris 
substitutio. This kind of substitution was contain- 
ed in a clause by itself, and in a separate part of the 
will, which was secured by the testator's own 
thread and seal, with a provision in the first part of 
the will that this second part should not be opened 
so long as the son lived and was impubes. A sub- 
stitution could also be made in the case of children 
being exheredated (disinherited) by the parent's 
will, and the substituted person then took all that 
the pupillus acquired by hereditas, legatum (legacy), 
or gift. Gaius observes 4 that all his remarks with 
reference to substitution for children impuberes, 
when made heredes or exheredated, apply to post- 
humous (postumi) children, of which there is an ex- 
ample cited by Cicero : 5 " Sifilius natus esset in de- 
cern mensibus," &c. 

If an extraneus was made heres, there could be 
no substitution to the effect that, if he died within 
a certain time, another person should be heres; for 
though a testator could attach a condition to be 
performed before a person could take the hereditas, 
a person, when he had once become heres, continued 
such. The case of a pupillus substitutio, which 
was an exception to this general rule, was probably 
founded on the patria potestas. The heres might, 
however, be charged with a fideicommissum, in 
which case he was heres fiduciarius. ( Vid. Fidei- 
commissum.) 

As to conditions which the heres was bound to 
perform, they might be any that were not contrary 
to positive law or positive morality ; such as the 
setting up of statues, 6 &c, or changing the name. 7 

If a man's own slave was made heres by his 
will, it was necessary that he should be made free 
also by the will : the words were, " Stichus servus 
meus liber heresque esto." If the slave were not 
made free by the testament, he could not take un- 
der it, even if he were manumitted by his master, 
and, of course, he could not if he were sold ; and 
the reason is, that the institution was not valid. If 
he was instituted free as well as heres, he became 
both a freeman and heres necessarius by the death 
of his master: if he was manumitted by his mas- 
ter in his lifetime, he might accept the inheritance or 
refuse it. If he was sold by his master in his life- 



1. (Cic, Top., 10.— Hor., Sat., ii., 5, 48.)— 2. (Compare Gaius, 
ii., 177, &c, with Ulpian, Frag-., xxii., 34.) — 3. (Cic, De In- 
vent., ii., 42.— Id., Top., 10.— Gaius, ii., 179.)— 4. (ii., 183.)— 5. 
(Top. 10.)— S. (Cic in Verr., ii., 8, 9, )i )— 7. (Cic. ad At*, 
vii.. 8.) 



HERES. 



HERES. 



time, he could take possession of the inheritance 
with the permission of his new master, who thus 
became heres through the medium of his slave. If 
the slave who was made heres was then the prop- 
erty of another person, and not of the testator, he 
could not take the inheritance without the consent 
of his master, for if he took it his master became 
heres : if such slave was manumitted before taking 
possession of the inheritance, he might accept it or 
refuse it, as he pleased. 

If *a ingenuus died intestate, either from not 
having made a will, or having made a will, but not 
in due form, or having made a will in due form, 
which afterward became invalid (ruptum, irritum), 
the hereditas, according to the law of the Twelve 
Tables, came to the heredes sui, and was then 
called legitima hereditas. The heredes sui were 
*• liberi" in the power of the testator at the time of 
his death ; the term liberi comprehended not only 
;hildren, but the children of the testator's male 
children, and the children of a male grandchild. 
Adopted children were considered the same as oth- 
er children. But grandchildren could not be heredes 
sui, unless their father had ceased to be in the power 
of the intestate, either by death or in any other way, 
as by emancipation. A wife in manu Deing consid- 
ered as a daughter, and a daughter-in-law (nurus) 
being considered a granddaughter, were sui here- 
des ; but the latter only when her husband was not 
in the power of the intestate at the time of his 
death, which was consistent with the law in the 
case of grandchildren. Posthumous children, who 
would have been in the power of the intestate if he 
were living, were also sui heredes. The sui here- 
des took the hereditas in equal shares. If there 
was a son or daughter, and children of a son de- 
ceased, the children of the deceased son took the 
portion which their parent would have taken. But 
the distribution was in stirpes, that is, among the 
stocks or stems sprung from the ancestor, and not 
in capita, or among the individuals : thus, if there 
vere a son> and the sons of a deceased son, the 
son would take half of the hereditas, and the sons 
of the deceased son would take the other half, in 
equal shares. 

If an intestate had no sui heredes, the Twelve 
Tables gave the hereditas to the agnati. It is sta- 
ted under Cognati who are agnati. The hereditas 
did not belong to all the agnati, but only to those 
who were nearest at the time when it was ascer- 
tained that a person had died intestate. If the 
nearest agnatus either neglected to take the inherit- 
ance, or died before he had taken possession of it, 
in neither case did the next in succession, as agna- 
tus, take the inheritance. He was the nearest agna- 
tus who was nearest at the time when it was ascer- 
tained that a person had died intestate, and not he 
who was nearest at the time of the death ; the 
reason of which appears to be, that the hereditas 
was in a sense the property of the intestate until 
his heir was ascertained, and his heir could not be 
ascertained until it was certain that he had left no 
will ; and, as Gaius observes, if he had left a will, 
still it might happen that no person would be heres 
under that will ; and, accordingly, it seemed better, 
as he observes, to look out for the nearest agnatus 
at the time when it is ascertained that there is no 
heres under the will. If there were several agnati 
in the same degree, and any one refused to take his 
share, or died before he had assented to take it, 
euch share accrued (adcrevit) to those who consent- 
ed to take the hereditas. 

In the case of women, there were some peculiar- 
ities which arose from their legal status. The he- 
reditates of women intestate came to their agnati 
;- ist as the inheritances of males ; but women who 



were beyond the degree of consanguinei (a term 
which legally means brothers and sisters) could not 
take hereditates ab intestate Thus a sister might 
take from a brother or sister as legitima heres, hut 
an aunt or a brother's daughter could not be a legit- 
ima heres. The principle of Roman law which 
gave to those who came into the potestas cr manus 
the quality of children of the blood, was followe ' 
out in this case also : a mother or a stepmother 
who had come in manum viri thereby obtained the 
status of a daughter ; and, consequently, as to legit- 
imate succession, there were the same relations be- 
tween such mother or stepmother and the husband's 
children as there were among the husband's chil- 
dren themselves. But, by senatus consulta of An- 
toninus and Commodus, the sons of a wife not in 
manu might take as her legitimi heredes, to the ex- 
clusion of consanguinei and other agnati. 

If a person died leaving no sui heredes, but only 
a brother and another brother's children, the broth- 
er took all as the nearest agnatus. If there was 
no brother surviving, and only children of brethren, 
the hereditas was divided among all the children in 
capita, that is, the whole was equally divided among 
all the children. 

If there were no agnati, the Twelve Tables gave 
the hereditas to the gentiles. (Vid. Gens, p. 469.) 

Gaius 1 briefly recapitulates the strict law of the 
Twelve Tables as to the hereditates of intestates : 
emancipated children could claim nothing, as they 
had ceased to be sui heredes : the same was the 
case if a man and his children were at the same 
time made Roman citizens, unless the imperatoi 
reduced the children into the power of the father : 
agnati who had sustained a capitis diminutio were 
excluded, and, consequently, a son who had been 
given in adoption, and a daughter who was married 
and in manu viri : if the next agnatus did not take 
possession, he who was next in order could not, for 
that reason, make any claim : cognati, whose kin- 
ship depended on a female, had no mutual rights as 
to their hereditates, and, consequently, there were 
no such mutual rights between a mother and her 
children, unless the mother had come in manum viri, 
and so the rights of consanguinity had been estab- 
lished between them. 

If a man had his son in his power, he was bound 
either to make him heres, or to exheredate (exkere- 
dare) him expressly (nominatim). If he passed him 
over in silence (silentio praterierit), the will was al- 
together void (inutile, non jure factum). Some ju- 
rists were of opinion, that even if the son, so passed 
over, died in the father's lifetime, there could be no 
heres under that will. 2 Other liberi could be passed 
over, and the will would still be a valid will ; but the 
liberi so passed over took a certain portion of the 
hereditas adcrescendo, as it was termed, or jure ad- 
crescendi. For instance, if the heredes instituti 
were sui, the person or persons passed over took an 
equal share with them. If the heredes instituti 
were extranei, the person or persons passed over 
took a half of the whole hereditas ; and as the prae- 
tor gave the contra tabulas bonorum possessio to 
the person so passed over, the extranei were de- 
prived of all the hereditas. A rescript of the Em- 
peror Antoninus limited the amount which women 
could take by the bonorum possessio to that which 
they could take jure adcrescendi ; and the same 
was the law in the case of emancipated females. 

It was necessary to exheredate posthumous chil- 
dren nominatim, otherwise the will, which was ori- 
ginally valid, became invalid (ruptum) ; and the will ' 
became invalid by the birth either of a postnumoua 
son or daughter, or, as the phrase was, adgnascen- 
do rumpitur testamentum. 3 Postumi were not only 



1. (iii., 12.)— 2. (Gaius, ii., 123, &c.)— 3. (Cic.,I)e Or., i., 57 ) 

499 



HERES. 



HERMES. 



those wtio were oorn after the testator's death, but 
also those who might become the sui heredes of the 
testator by the death of some other person in the tes- 
tator's lifetime. Thus, if a testator's son, who was 
in his power, had children, and the son died in the 
testator's lifetime, the grandchildren became sui 
heredes, and the testament became ruptum by this 
quasi agnatio : it was therefore a necessary precau- 
tion to institute as heredes or to exheredate such 
grandchildren. It follows that, if the testament 
could be made invalid by this quasi agnatio, it must 
have become invalid by a son being born in the life- 
time of the testator, unless the will had provided 
for the case ; for it became invalid if the testator 
adopted a son or a daughter, 1 either by adrogation 
or adoption properly so called, after the date of his 
will. The case was the same if he took a wife in 
manum after the date of the will. 

The word postumus has clearly the same signi- 
fication as postremus, and literally means a child 
born last. The passage of Gaius is defective where 
he treats of postumi; but the definition of postumi, 
as preserved in the Breviarium, appears to be exact : 
" Postumorum duo genera sunt: quia postumi ad- 
pellantur hi, qui post mortem patris de uzore nati 
fuerint, et Mi qui post testamentum factum nascun- 
tur." Sometimes the word postumus is denned 
only as a child born after a father's death, as we 
see in some of the Glossae ; but there is no proof 
that the meaning was limited to such children ; and 
the passages sometimes cited as being to that effect 3 
have merely been misunderstood. 

Other cases, in which a valid testamentum be- 
came ruptum or irritum, are more properly consid- 
ered under Testamentum. 

The strictness of the old civil law was modified 
by the praetorian law, which gave the bonorum pos- 
sessio to those who could not take the hereditas by 
the rules of the civil law. (Vid. Bonorum Posses- 
sion 

The heres represented the testator and intestate, 3 
and had not only a claim to all his property, but 
was bound by all his obligations. He succeeded to 
the sacra privata, and was bound to maintain them, 
but only in respect of the property, for the obliga- 
tion of the sacra privata was attached to property 
and to the heres only as the owner of it. Hence 
the expression "sine sacris hereditas" meant an 
hereditas unencumbered with sacra.* 

The legislation of Justinian released the heres 
who accepted an hereditas from all debts and obli- 
gations of the testator or intestate beyond what the 
property would satisfy, provided he made out an in- 
ventory (inventarium) of the property in a certain 
form and within a given time. 5 

The heres could claim any property which be- 
longed to his testator or intestate by the hereditatis 
petitio, which was an actio in rem, and properly be- 
longed to a heres only, though it was afterward 
given to the bonorum possessor. Each heres claim- 
ed only his share. 6 

The coheredes shared among themselves the 
property, and bore their share of the debts in the 
same proportions. For the purpose of division and 
settling the affairs of the testator, a sale was often 
necessary. 7 If the parties could not agree about 
the division of the property, any of them might 
have an actio familiae erciscundae. (Vid. Family 
Erc. Ac.) 

The hereditas might be alienated by the form of 
in jure cessio. The heres legitimus might alienate 
the hereditas before he took possession of it, and 



1. (Ulpian.)— 2. (Dig. 50, tit. 16, s. 164 ; 28, tit. 3, s. 3.)— 3. 
(Cic, Leg., ii., 19.— 4. (Plaut., Capt., iv., 1. — Festus, u. v. " Sine 
lacris hereditas.")— 5. (Cod. vi., tit. 30, s. 22.)— 6. (Cic, Pro 
Rose. Com., o. 18.)— 7. (Cic. ad Att., xi., 15.) 
500 



the purchaser then became heres, just as it he liad 
been the legitimus heres. The scriptus heres could 
only alienate it after the aditio : after such aliena- 
tion by him, or by the heres legitimus after aditio, 
both of them still remained heredes, and, conse- 
quently, answerable to creditors, but all debts due 
to them as heredes were extinguished. 

The hereditates of freediiien are more properly 
considered under Liberti and Patroni. 

Before it was determined who was heres, the 
hereditas was without an owner, and was said "ja- 
cere." When a heres was ascertained, such per- 
son was considered to possess all the rights inci« 
dent to the hereditas from the time of the death ot 
the testator or intestate. But this does not explain 
how we are to view the hereditas in the interval 
between the death of the former owner and the 
time when the heres is ascertained. During such 
interval, according to one form of expression used 
by the Roman jurists, the hereditas is a juristical 
person (vice persona fungituf), and is the domina, 
that is, the domina of itself; according to another 
form of expression, it represents the defunct, and 
not the person of the future heres. These two 
forms are the same in meaning, and they express a 
fiction which has relation to the legal capacity of 
the defunct, and not to that of the futuie heres, and 
which does not involve the notion of any juristical 
personality of the hereditas. The relation to the 
legal capacity of the defunct is this : Slaves gener- 
ally belonged to an hereditas. A slave, as is well 
known, could acquire property for his living master, 
even without his knowledge ; but the validity of the 
act of acquisition, in some cases, depended on the 
legal capacity of his master to acquire. Now while 
the hereditas was without an ascertained owner, 
many acts of a slave, by which the hereditas might 
receive additions, were strictly void, and such acta 
could only have their legal effect on the supposition 
that the slave had an owner of a sufficient legal ca 
pacity ; and, accordingly, the fiction of law gavo 
validity to the act of the slave by relation to the 
known legal capacity of the late owner, and not by 
relation to the yet unascertained owner, who might 
not have such legal capacity. The following arc 
examples : " When a Roman, who had a legal ca- 
pacity to make a will, died intestate, and another 
person appointed as his heres a slave who belonged 
to this hereditas, which was still without an owner, 
such institution of a heres would be valid by virtue 
of this fiction, because it had reference to the legal 
capacity of the defunct. If there had been no such 
fiction, the validity of the institution would havo 
been doubtful, for the unascertained legitimus heres 
might be an intestabilis, who (at least according to 
the old law) could not be instituted heres. If a 
soldier died and left a will, which was not yet open- 
ed, another testator might institute as heres a slave 
belonging to the soldier's hereditas, because the in- 
stitution, according to this fiction, had reference to 
the deceased ; but if there were not this fiction, the 
institution might be void, inasmuch as the unascer- 
tained heres might be a peregrinus who had no tes 
tamentifactio with this other testator. It was to 
provide for such cases as these only, that this fic- 
tion was introduced ; and it had no other object 
than to facilitate certain acquisitions by means of 
the slaves who belonged to an hereditas." 

This masterly exposition is by Savigny. 1 

HERMiE, dimin. HERMUL^E ('Epfiat). The 
Greeks originally made use of unhewn stones (up- 
yol lidoi) to represent their divinities. 2 Their first 
improvement was to cut these stones into square 

1. (System des heut. R. R., ii., p. 363.— Gaius, ii., 99-190.- 
Id., iii., 1-24.— Ulpian, Frag.— Dig. 28, 29.— Inst., ii., iii.)— % 
(Paus., vii.,22, t> 3.) 



HERM.EA. 



HEST1ASIS. 



blocks, thirty of which were exhibited to Pausanias 
in the city of Pharae. 1 In the course of time, the 
square block was surmounted by the head of the 
deity it represented. Many images of this kind are 
described by Pausanias ; one of Poseidon at Trico- 
loni in Arcadia, 2 another of Zeus t&eioq at T*gea, 3 
and another of Aphrodite Urania at Athens. 4 It is 
probable that the first statues of this improved na- 
ture were those of Hermes or Mercury, from whom 
they received their name ; but the term was applied 
generally to that particular class of statues termed 
ifiyaciai repdyuvoi or cr^^ara rerpdyuva, 5 even 
though the busts of other divinities, or persons of 
either sex, surmounted the pedestal. 

In these works, the invention of which is ascribed 
to the Athenians by Pausanias, the only parts of 
the human body developed were the head and sex- 
ual organs. But when the sculptor's art was still 
farther perfected, the whole torso was placed upon 
a pedestal ; and, finally, the pedestal itself was 
sometimes chiselled to indicate the separation of 
the legs, as may be seen in a tetragonal female statue 
in the Villa Albani. 6 Two other forms of the Her- 
mae may be seen in the British Museum. 7 

Houses in Athens had one of these statues placed 
at the door, 8 which were worshipped by the women 
as instrumental to fecundity, though not in the most 
delicate manner ; 9 and the great superstition attach- 
ed to them is shown by the alarm and indignation 
which were felt at Athens in consequence of the 
mutilation of the whole number in a single night, 
just before the sailing of the Sicilian expedition. 10 

They were likewise placed in front of temples, 
near to tombs, in the gymnasia, libraries, and public 
places, at the corners of streets and high roads as 
signposts, and some are still to be seen at Athens 
with the names of victors in the gymnastic contests 
inscribed upon them. 11 Among the Romans partic- 
ularly they were used for boundary landmarks, ei- 
ther in their primitive form of large stones or with 
busts upon them, whence they were styled termini 
and lapides terminates, 12 and as posts for ornamental 
railings to a garden, in which case they were com- 
monly decorated with the busts of philosophers and 
eminent men, some of which may be seen at the 
Vatican, with the square holes in their shoulders 
into which the transverse rail was inserted. 

As the square part of the statue represented Mer- 
cury, 13 his name is often compounded with that of 
the deity whose bust it supports. Thus the Her- 
mathena which Atticus sent from Athens to Cicero 14 
bore the bust of Minerva; the Hermeraclcs 1 * those of 
Hercules. The story of Hermaphroditus had prob- 
ably its origin in some ancient statue of this descrip- 
tion, where the square Mercury was surmounted by 
a female torso, like the one in the British Museum. 16 

For the application of the Hermce and Hermulce in 
the circus, vid. p. 254, 255. 

HERMJ2A ("Epuata, festivals of Hermes, cele- 
brated in various parts ot Greece. As Hermes was 
the tutelary deity of the gymnasia and palaestrae, 
the boys at Athens celebrated the Hermaea in the 
gymnasia. They were on this occasion dressed in 
their best, offered sacrifices to the god, and amused 
themselves with various games and sports, which 
were probably of a more free and unrestrained char- 
acter than usual. Hence the gymnasiarch was 



1. (Pans., 1. c.)— 2. (viii., 35, $ 6.)— 3. (lb., 48, $ 4.)— 4. (i., 
19, * ».)— 5. (Thucyd., vi.,27.— Paus., iv., 33, 6 4.)— 6 (Winck- 
«lm., Sloria delle Arte, torn. 1, tav. 1.)— 7. (Chamber 1, No. 3.— 
Chamber 3, No. 35.)— 8. (Thucyd., vi., 27.— ^Eliati, V. II., ii., 
41) — 9. (Vid. bas-velief in Boissarde, Antiq. Roman., part 1.) — 
10. (Thucyd., vi., 27.— Andoc., De Mvst.)— 11. (Leake, Athens, 
p. 1", n. 3.)— 12. (Amm. Marcell., xviii., 2, 15.— Compare Ti- 
bull \., iii., 44.— Vir^., JEn., xii., 89".)— 13. (Cic. ad Alt., i., 
8-/ — 14 ;ad Att., i., 1, 4 )— 15. (ib., 10.)— Id. (Chamber 6, No. 
66.) 



prohibited by a law of Solon 1 from admitting anj 
adults on the occasion. This law, however, was 
afterward neglected, and in the time of Plato 2 we 
find the boys celebrating the Hermaea in a palaestra, 
and in the presence of persons of all ages. 3 (Com- 
pare Gymnasium, p. 482.) 

Hermaea were also celebrated in Crete, where, 
on this occasion, the same custom prevailed which 
was observed at Rome during the Saturnalia ; for 
the day was a season of freedom and enjoyment for 
the slaves, and their masters waited upon them at 
their repasts. 4 

The town of Pheneos, in Arcadia, of which Hermes 
was the principal divinity, likewise celebrated Her- 
maea with games and contests. 5 A festival of the 
same kind was celebrated at Pellene. 6 Tanagra in 
Boeotia, 7 and some other places, likewise celebrated 
festivals of Hermes, but particulars are not known 

HERMATHE'NA. (Vid. Hermce.) 

HERMERACL^E. (Vid. Hermce.) 

♦HERMODACT'YLUS (epfiodd/crvloc), the same 
with the Colchicum autumnale, or Meadow Saffron. 
"My limits," observes Adams, "will not afford 
room to discuss fully the much-agitated question 
respecting the Hermodactylus of the ancients. It 
is to be remarked, however, in the first place, that 
Paulus JEgineta entirely omits treating of the koa- 
Xikov of Dioscorides by name, and in place of it has 
the epuoduKTV?.oc. This circumstance forms a strong 
presumption that the two substances were identical. 
And again, Serapion, in his chapter on Hermodacty- 
lus, gives the words of Paulus iEgineta along with 
Dioscorides' chapter on Colchicum. It seems unde- 
niable, then, that the Arabians held the Hermodac- 
tylus to be the same as the Colchicum ; and, accord- 
ingly, the highest authorities in modern times on 
the Res Herbaria of the ancients, such as Bergius, 
Tournefort, Humelbergius, Geoffroy, Prosper Alpi- 
nus, Dr. Paris, and many others, recognise the 
Hermodactylus as the Colchicum autumnale, or Mead- 
ow Saffron. Still, however, Sprengel joins Matthi- 
olus and Dr. Murray in referring it to the Iris tuber- 
osa. After impartially examining the evidence on 
both sides, I continue to be of the opinion expressed 
by me formerly, that the ancient epnoddnrvloc was 
the Meadow Saffron." 8 

*HERPYLLUS (epTrv7J.oc), according to most 
authorities, the Wild Thyme, or Thymus serpyllum, 
L. Sibthorp, however, inclines to refer it to a spe- 
cies which he found in great abundance near the 
Ilissus, called by him Thymus incanus. The wild 
kind, which Dioscorides calls £vytc, is the Thymus 
zygis. 9 

*HESP'ERIS (e<j7tepic), a plant, the same with 
the Hesperis matronalis, or Dame's Violet. Spren- 
gel, however, prefers the Hesperis tristis. 10 

HERO'A. (Vid. Funus, p. 457.) 

HESTIA. (Vid. Focus.) 

HESTPASIS (io-Ttaaig) was a species of liturgy, 
and consisted in giving a feast to one of the tribes 
at Athens (rijv <pv?$v ectitjv 11 ). It was provided for 
each tribe at the expense of a person belonging to 
that tribe, who was called ecTidrup 12 Harpocra- 
tion 1 ' states, on the authority of the speech of De- 
mosthenes against Meidias, that this feast was 
sometimes provided by persons voluntarily, and at 
other times by persons appointed by lot ; but, as 
Bockh remarks, nothing of this kind occurs in the 
speech, and no burden of this description could have 

1. (iEschin., c. Timarch., p. 38.)— 2. (Lysis., p. 206, D., &c.) 
— 3. (Becker, Charikles, i., p. 335, &c.) — 4. (A*hen., xiv., p. 
639.)— 5. (Paus., viii., 14, 7.)— 6. (Schol. ad Pind., CI., vii., 156. 
— Schol. ad Pind., Nem., x., 82.)— 7. (Paus., ix., 2S, 4 2.)— 8 
(Adams, Append., s. t.) — 9. (Adams, Append., s. v.) — 10. (Ad» 
ams, Append., s. v.) — li. (Demosth., c. Meid., p. 565, 10. — Pol 
lux, Onom., iii., 67.)— 12. (Demosth c. Bceot., p. 996, 24 )— II 
(s. v. 'EantzT-.o ) 

501 



HETJERJE. 



HET^ER^E. 



»eeu imposed upon a citizen by lot. The EOTiuropec 
were doubtless appointed, like all persons serving 
liturgies, according to the amount of their property 
in some regular succession. These banquets of 
the tribes, called ^vXerma (hlnva by Athenaeus, 1 
were introduced for sacred purposes, and for keep- 
ing up a friendly intercourse between persons of the 
same tribe, and must be distinguished from the 
great feastings of the people, which were defrayed 
from the Theorica. 2 

HETJERJE (eracpai). The word eracpa original- 
ly only signified a friend or companion, but at Ath- 
ens and other towns of Greece it was afterward 
used as a euphemistic name for 7r6pv7j, that is, a 
prostitute or mistress. 3 As persons of this class 
acted a much more prominent and influential part 
in some of the Greek states than in any of the most 
demoralized capitals of modern times, we cannot 
avoid, in this work, to state their position and their 
relations to other classes of society. But as their 
conduct, manners, ensnaring artifices, and imposi- 
tions have at all times and in all countries been 
the same, we shall confine ourselves to those points 
which were peculiar to the hetserae in Greece. 

First we may mention that the young men at 
Athens, previous to their marriage, spent a great 
part of their time in the company of hetserae without 
its being thought blamable in any respect whatever. 
Marriage, indeed, produced, on the whole, a change 
in this mode of living of young men, but in innu- 
merable instances even married men continued their 
intercourse with hetaerae, without drawing upon 
themselves the censure of public opinion ; it seems, 
on the contrary, evident, from the manner in which 
Demosthenes* relates the history of Lysias the 
sophist, that such connexions after marriage were 
not looked upon as anything extraordinary or in- 
consistent, provided a man did not offend against 
public decency, or altogether neglect his legitimate 
wife and the affairs of his household, as was the 
case with Alcibiades. 5 This irregular condition of 
private life among the Greeks seems to have arisen 
chiefly from two causes : first, from the great love 
of sensual pleasures, which the Greeks appear to 
have possessed even in a much higher degree than 
most other southern nations ; and, secondly, from 
the generally prevailing indifference between hus- 
bands and wives. As regards the latter point, mat- 
rimonial life, in the historical times of Greece, was 
very different from that which we find described in 
the heroic age. How this change was brought 
about is not clear ; but it can scarcely be doubted 
that, generally speaking, the Greeks looked upon 
marriage merely as a means of producing citizens 
for the state. 6 The education of women was al- 
most entirely neglected ; they were thought a kind 
of inferior beings, less endowed by nature, and in- 
capable of taking any part in public affairs, and of 
sympathizing with their husbands. In an intellect- 
ual point of view, therefore, they were not fit to be 
agreeable companions to their husbands, who con- 
sequently sought elsewhere that which they did not 
find at home. It is true, the history of Greece fur- 
wishes many pleasing examples of domestic happi- 
ness and well-educated women, but these are ex- 
ceptions, and only confirm the general rule. A 
consequence of all this was, that women were 
bound down by rules which men might violate with 
impunity ; and a wife appears to have had no right 
to proceed against her husband, even if she could 
prove that he was unfaithful, 7 although she herself 

1. (v., p. 185, d.)— 2. (Bockh, Public Econ. of Athens, ii., p. 
221. — Wolf, Proleg - . ad Demosth., Leptin., p. lxxxvii., note 60.) 
— 3. (Plut., Solon, c. 15. — Athen., xiii., p. 571.) — 4. (c. Ncaer., 
p. 1351, &c.) — 5. (Andoc-, c. Alcib., p. 117.) — 6. (Demosth., c. 
Neaer., p. 1386.— Becker, Charikles, ii., p. 215, &c.)— 7. (Plaut., 
Meroal , iv., 6, 3.) 
502 



was subject to severe punishment if she was de- 
tected. The isolated testimony of a late writer like 
Alciphron, 1 who represents a wife threatening her 
husband that, unless he would give up his dissolute 
mode of living, she would induce her father to bring 
a charge against him, can, as Becker 2 observes, 
prove nothing, inasmuch as a neglect of family af- 
fairs might, in this case, have been the ground for 
accusation. 

But to return to the hetaerae : the state not only 
tolerated, but protected them, and obtained profit 
from them. Solon is said to have established a 
TTopvelov (also called TraidioKelov, kpyaoTTJpiov, or cX 
Krjfia), in which prostitutes were kept, 3 and to have 
built the temple of Aphrodite Pandemus with the 
profit which had been obtained from them. At a 
later period the number of such houses at Athens 
was increased, and the persons who kept them were 
called iropvo6ooKoi, lenones. The conduct of the 
hetaerae in these houses is described in Athenaeus.* 
All the hetaerae of these houses, as well as individ- 
uals who lived by themselves and gained their live- 
lihood by prostitution, had to pay to the state a tax 
(iropvinbv reXogY, and the collecting of this tax was 
every year let by the senate to such persons (reAw- 
vai or TTopvore'XCdvai 6 ) as were best acquainted with 
those who had to pay it. The hetaerae were under 
the superintendence of the ayopavdfioi, 7 and their 
places of abode were chiefly in the Ceramicus. 8 

The number of private hetaerae, or such as did 
not live in a nopvelov, was very great at Athens. 
They were, however, generally not mere prostitutes, 
but acted at the same time as flute or cithara play 
ers, and as dancers, and were, as such, frequently 
engaged to add to the splendour of family sacrifices,' 
or to enliven and heighten the pleasures of men at 
their symposia. Their private abodes, where oftea 
two, three, and more lived together, w r ere also fre- 
quently places of resort for young men. 10 Most of 
these hetaerae not only took the greatest care to pre- 
serve their physical beauties, and to acquire such 
accomplishments as we just mentioned, but paid 
considerable attention to the cultivation of their 
minds. Thus the Arcadian Lastheneia was a dis- 
ciple of Plato, 11 and Leontion a disciple of Epicu- 
rus ; 1S Aspasia is even said to have instructed Soc- 
rates and Pericles. Whatever we may think of the 
historical truth of these and similar reports, they 
are of importance to the historian, inasmuch as they 
show in what light these hetaerae w r ere looked upon 
by the ancients. It seems to have been owing es- 
pecially to their superiority in intellectual cultiva- 
tion over the female citizens, that men preferred 
their society and conversation to those of citizens 
and wives, and that some hetaerae, such as Aspasia, 
Lais, Phryne, and others, formed connexions with 
the most eminent men of their age, and acquired 
considerable influence over their contemporaries. 
The free and unrestrained conduct and conversa- 
tion, which were not subject to the strict conven- 
tional rules which honest women had to observe ; 
their wit and humour, of which so many instances 
are recorded, were well calculated to ensnare young 
men, and to draw the attention of husbands away 
from their wives. Women, however, of the intel- 
lect and character of Aspasia, were exceptions ; and 
even Athenian citizens did not scruple to introduce 
their wives and daughters to her circles, that they 
might learn there the secrets by which they might 
gain and preserve the affections of their husbands. 
The disorderly life of the majority of Greek hetaerae 



1. (Epist., i., 6.)— 2. (Charikles, i., p. 112.)— 3. (Athen., im., 
p. 569.)— 4. (xiii., p. 568.)— 5. (JEsch., c. Timarch.,p. 134, «fcc.) 
— 6. (Philonides ap. Pollux, vii., 2i)2.) — 7. (Suidas, s. v. Aid 
ypaftfia.) — 8. (Hesych., s. v. KcpafjiCtKdg.) — 9. (Plaut., Epio., iii 
4, 64.)— 10. (Isoc, Areopag., p. 202. ed. Beckei )-»ll. (Athe« 
xii., p. 546.)— 12. (Athen., xiii., p. 588.) 



HETAIRESEOS GRAPHE. 



HIEROMNEMONES. 



is nowhere set forth in better colours than in the 
works of the writers who belong to the so-called 
echool of the middle comedy, and in the plays of 
Plautus and Terence ; with which may be com- 
pared Demosth., c. Near., p. 1355, &c., and Athen., 
book xiii. It was formerly supposed that at Athens 
a peculiar dress was by law prescribed to the hetae- 
ro?, but this opinion is without any foundation. 1 

The town most notorious in Greece for the num- 
ber of its hetserae, as well as for their refined man- 
ners and beauty, was Corinth. 2 Strabo 3 states that 
the temple of Aphrodite in this town possessed more 
than one thousand hetserae, who were called lepo- 
dovTiot, and who were the ruin of many a stranger 
who visited Corinth. 4 Hence the name Koptvdta 
Kopri was used as synonymous with eratpa, and ko- 
otvOtdCeodat was equivalent to iraipelv. 6 At Spar- 
ta, and in most other Doric states, the hetaerae seem 
never to have acquired that importance which they 
had in other parts of Greece, and among the Greeks 
of Asia Minor. 

An important question is who the hetaerae gener- 
ally were. The iepodovhoi of Corinth were, as their 
name indicates, slaves belonging to Aphrodite ; and 
their prostitution was a kind of service to the god- 
dess. Those iropvai who were kept at Athens in 
public houses by the Tcopvo6ocncoi, were generally 
slaves belonging to these iropvo^oanoi, who compell- 
ed them to prostitution for the sake of enriching 
themselves thereby. The owners of these nopvac 
were justly held in greater contempt than the un- 
happy victims themselves. Sometimes, however, 
they were real prostitutes, who voluntarily entered 
into a contract with a rcopvoSoaKoc : others, again, 
were females who had been educated in better cir- 
cumstances and for a better fate, but had, by mis- 
fortunes, lost their liberty, and were compelled by 
want to take to this mode of living. Among this 
last class we may also reckon those girls who had 
been picked up as young children, and brought up 
by TopvoSocKoi for the purpose of prostitution. An 
instance of this kind is Nicarete, a freed-woman, 
who had contrived to procure seven young children, 
and afterward compelled them to prostitution, or 
sold them to men who wished to have the exclusive 
possession of them. 8 Other instances of the same 
kind are mentioned in the comedies of Plautus. 7 
Thus all prostitutes kept in public or private houses 
were either real slaves, or, at least, looked upon and 
treated as such. Those hetaerae, on the other hand, 
who lived alone, either as mistresses of certain in- 
dividuals or as common hetaerae, were almost inva- 
riably strangers or aliens, or freed-women. The 
cases in which daughters of Athenian citizens 
adopted the life of an hetaera, as Lamia, the daugh- 
ter of Cleanor, did, 8 seem to have occurred very 
seldom ; and whenever such a case happened, the 
woman was by law excluded from all public sacri- 
fices and offices, sank down to the rank of an alien, 
and as such, became subject to the izopvtKbv teXoc : 
she generally, also, changed her name. The same 
degradation took place when an Athenian citizen 
kept a Tropvelov, which seems to have occurred very 
seldom. 9 

'ETAIPH2EQ2 TPA«t>H (haipfjoeog ypatf). This 



1. (Becker, Charikles, i., p. 126, &c.)— 2. (Plato, De Rep., iii., 
p. 404. — Dio Chrysost., Orat., xxxvii., p. 119, ed. Reiske. — Aris- 
toph., Plut., 149. — Schol. ad loc. — Schol. ad Lysist., 90. — Athen., 
xiii., p. 573, &c— Muller, Dor., ii., 10, 7.)— 3. (viii., 6, p. 211.) 
— 4. (Wachsmuth, Hellen. Alterthumsk., ii., 2, p. 48, and p. 299.) 
-5. (Eustath. ad II., ii., 570.)— 6. (Demosth., c. Neaer., p. 1351, 
Ac.) — 7. (Compare Isaeus, De Philoctem. haered., p. 143.) — 8. 
(Athen., xiii., p. 577.)— 9. (Bockh, Publ. Ecou. of Athens, ii., p. 
49.— Fr. Jacobs, " Beitrage Zur Gesch. des Weiblich. Gesch- 
lech's," in his " Vermischte Schriften." vol. iv. — Becker, Char- 
ikies, i., p. 109-128, and ii., p. 414-489. — Limburjr-Brouwer, 
" F'stoire de la Civilisation Morale et Religieuse des Grecs." — 
Wa< : nsmutb, Hellen. Alterthumsk., ii., 2, p. 43- &c » 



action was maintainable against such Athenian cit- 
izens as had administered to the unnatural lusts o. 
another ; but only if after such degradation they 
ventured to exercise their political franchise, and 
aspired to bear office in the state. From the law, 
which is recited by JEschines, 1 we learn that such 
offenders were capitally punished. The cause was 
tried by the court of the thesmothetae. 2 
HETAIR'IAI. (Vid. Eranoi.) 
HEXA'PHORUM. (Vid. Lectica.) 
*HIERAC'ION (Lepdmov) a plant, of whici Di- 
oscorides mentions two kinds, the to fieya and the 
to fiLKpov. The former of these Sibthorp makes the 
same with the Arnopogon picroides, Willd., and the 
latter with the Scorzonera clongata, Willd. 3 

*HIERAX (Upa^), a term applied to various spe- 
cies of Accipitrina, or the Hawk tribe. " The scho- 
liast on Apollonius Rhodius says," remarks Adams, 
"that Callimachus described six species of Hawk; 
and Aristotle mentions that some had described ten 
species.* Linnaeus applies the term rather loosely 
to three genera, namely, the Striz, the Falco, am' 
the Psittacus. The iepdnec of the Greeks belong 
principally to the second of these. 1. The (paocro- 
yovoq is the Falco palumbarius, or Goshawk : it is the 
largest of the genus. 5 2. The aladlav of Aristotle 
was the Merlin, or Falco cesalon : it is the smallest 
of the genus. 3. The Tptopxyc of Aristotle, ren- 
dered Buteo by Gaza, is the species of Buzzard 
called Ring-tail in English, namely, the Circus py- 
gargus, L. 4. The viroTpiopxne, or Sub-buteo, is 
probably only a variety of the last. 5. The /c/p/cof, 
or third species of Aristotle, is not satisfactorily de- 
termined : Button supposes it the Moor Buzzard, or 
Falco aruginosus, L. ; but Schneider thinks this 
point uncertain. 6 Homer calls it kla^porarog Trere- 
nvtiv, 'the swiftest of birds.' 7 6. The ntpKoc, or 
Gttityac. of Aristotle, in Latin Accipitcr fringillarius, 
was most probably the Sparrow-hawk, or Falco 
nisus, L. It is deserving of remark, that the Nisus 
of Ovid 8 was the Sea Eagle, that of the later clas- 
sics the Sparrow-hawk. 7. The ;^aA/ac, or nvfuvdic 
of Homer, was most probably identical with the 
TTTvy^, but cannot be otherwise satisfactorily deter- 
mined. 9 8. The neyxpic, or Keyxpivqc, or neyxpnlc, 
or (as we read it in the Aves of Aristophanes) the 
KepxvTj, was the same as the tinnunculus of Pliny, 
namely, the Falco tinnunculus, or Kestrel. 9. The 
two species named darepiac and irTepvtc by Aris- 
totle 10 cannot be satisfactorily ascertained. 10. The 
ikt'lv or UtZvoc is the Kite or Gled, namely, the 
Milvus ictinus, Savigny." 11 

*II. A flying fish mentioned by Oppian and iElian. 
None of the commentators can determine exactly 
what it is." 

HIEREION. (Vid. Sacrificium.) 
*HIEROBOT'ANE (iepo6ordvr]% a name given by 
Dioscorides and others to the Vervain, as being a 
plant much used in religious rites (lepoc, " sacred," 
and (ioTavrj, "plant"). (Vid. Verbena.) 13 
HIERODOULOI. (Vid. Het^r^s.) 
HIEROMANTEIA. (Vid. Divinatio, p. 369.) 
HIEROMNE'MONES (lepo/iv^ovec) were the 
more honourable of the two classes of representa- 
tives who composed the Amphictyonic council. Ad 
account of them is given under Amphictvons, p. 
49. We also read of hieromnemones in Grecian 
states, distinct from the Amphictyonic representa 
tives of this name. Thus the priests of Poseidon, 
at Megara, were called hieromnemones ; 14 and at 

1. (c. Timarch., p. 47.)— 2. (Meier, Att. Proc, 334.)— 3. (Di- 
oscor., iii., 65, 66. — Adams, Append., s. v.) — 4. (Aristot., If. A., 
ix., 24.)— 5. (Vid. II., xv., 238.; —6. (ad JEL, N. H., iv., 5.)— 7. 
(Od., xiii., 87.)— 8. (Met., viii., 146.)— 9. (Didymus ad II., xiv, 
291. — Dimrn, I.ex. Horn., s. v.) — 10. (II. A., ix., 21., — i. 
(Adams, Anpei.d., s. v.) — 12. (Oppian, i., 427. — ^Elian, H. A, 
ix., 52.)— 13. (Dioscor., iv., 61.)— 14. (Plut., Symp.. viii., 8, Ut ) 

503 



HILAR I A. 



H 1PP0M Ail ATHRUM. 



Byzantium, which was a colony of Megara, the chief 
magistrate in the state appears to have been called 
by this name. In a decree of Byzantium, quoted by 
Demosthenes, 1 a hieromnemon is mentioned who 
gives his name to the year ; and we also find the 
same word on the coins of this city. 2 At Chalce- 
don, another colony of Megara, a hieromnemon 
also existed, as is proved by a decree which is still 
extant. 3 An inscription found in Thasos also men- 
tions a hieromnemon who presided over the treas- 
ury. 4 

HIERONFCLE. (Vid. Athlete, p. 120.) 
HIEROPHANTES. (Vid. Eleusinia.) 
HIEROPOIOI (lepo'KOLoi) were sacrificers at Ath- 
ens, of whom ten were appointed every year, and 
conducted all the usual sacrifices, as well as those 
belonging to the quinquennial festivals, with the ex- 
ception of those of the Panathenaea. 8 They are fre- 
quently mentioned in inscriptions. 6 The most hon- 
ourable of these officers were the sacrificers for the 
revered goddesses or Eumenides (lepoirotol rate 
cs/ivalg deaic), who were chosen by open vote, and 
probably only performed the commencement of the 
sacrifice, and did not kill the victim themselves. 7 

TEP02YAIA2 rPA$H (iepoGvliac ypatyrj). The 
action for sacrilege is distinguished from the kIoi^q 
leptiv x n v^ T0)V 7P a ¥h m that it was directed against 
the otfence of robbery, aggravated by violence and 
desecration, to which the penalty of death was 
awarded. In the latter action, on the contrary, the 
theft and embezzlement, and its subject matter, 
only were taken into consideration, and the dicasts 
had a power of assessing the penalty upon the con- 
viction of the offender. With respect to the tribu- 
nal before which a case of sacrilege might have 
been tried, some circumstances seem to have pro- 
duced considerable differences. The ypafo) might 
be preferred to the king archon, who would there- 
upon assemble the areiopagus and preside at the 
trial, or to one of the thesmothetae in his character 
of chief of an ordinary heliastic body ; or, if the 
prosecution assumed the form of an apagoge or 
ephegesis, would fall within the jurisdiction of the 
Eleven. Before the first-mentioned court it is con- 
jectured 8 that the sacrilege of the alleged spoliation, 
as well as the fact itself, came in question ; that 
the thesmothetae took cognizance of those cases in 
which the sacrilege was obvious if the fact were 
established ; and that the Eleven had jurisdiction 
when the criminal appeared in the character of a 
common robber or burglar, surprised in the com- 
mission of the offence. In all these cases the con- 
vict was put to death, his property confiscated, and 
his body denied burial within the Attic territory. 
There is a speech of Lysias 9 extant upon this sub- 
ject, but it adds little to our knowledge, except 
that slaves were allowed upon that occasion to ap- 
pear as informers against their master — a resident 
alien — and anticipated their emancipation in the 
event of his conviction. 

HILA'RIA (pMpia) seems originally to have been 
a name which was given to any day or season of 
rejoicing. The hilaria were, therefore, according 
to Maximus Monachus, 10 either private or public. 
Among the former he reckons the day on which a 
person married, and on which a son was born ; 
among the latter, those days of public rejoicings 
appointed by a new emperor. Such days were de- 
voted to general rejoicings and public sacrifices, 



1. (Pro Corona, p. 255, 20.— -Compare Polyb., iv., 52, t> 4.)— 2. 
fEckhel, Doctr. Num., vol. ii., p. 31, &c.)— 3. (Muller, Dor., 
iii., 9, i) 10.)— 4. (Bcickh, Corp. Inscr., vol. ii., p. 183, 184.)— 5. 
(Pollux, Onom., viii., 107. — Photius, s. v. ltponotoi.) — 6. 
(BScfch, Corp. Inscr., vol. i., p. 250 )— 7. (Demosth., c. Meid., 
f. 55% 6.— Bookh, Publ. Econ. of Athens, i., p. 288.)— 8. (Meier, 
An. Proc, 307.)— 9. (Pro Culha,)— 10. (Schol. ad Dionys. Are- 
Bpiiff., Epist., 8.) 
504 



and no one was allowed to show any traces of g-iiei 
or sorrow. 

But the Romans also celebrated hilaria, as a feria 
stativa, on the 25th of March, in honour of Cybele, 
the mother of the gods ;* and it is probably to dis- 
tinguish these hilaria from those mentioned above, 
that Lampridius 8 calls them Hilaria Matris Deum. 
The day of its celebration was the first after the 
vernal equinox, or the first day of the year which 
was longer than the night. The winter, with its 
gloom, had passed away, and the first day of a bette7 
season was spent in rejoicings. 3 The manner of 
its celebration during the time of the Republic ia 
unknown, except that Valerius Maximus* mentionft 
games in honour of the mother of the gods. Re- 
specting its celebration at the time of the Empire 
we learn from Herodian 5 that, among other things 
there was a solemn procession, in which Vae status 
of the goddess was carried, and before this statu© 
were carried the most costly specimens of plate 
and works of art belonging either to wealthy Ro- 
mans or to the emperors themselves. All kinds of 
games and amusements were allowed on this day : 
masquerades were the most prominent among them, 
and every one might, in his disguise, irritate whom- 
soever he liked, and even magistrates. 

The hilaria were in reality only \aa last day of a 
festival of Cybele, which commerced on the 22d of 
March, and was solemnised bv tne Galli with va- 
rious mysterious rites.* It iur.y also be observed 
that the hilaria are neither rr^entioned in the Roman 
calendar nor in Ovid's Fasti. 

*HIMANTO'POUS ('fiuvroTrovc), a species of 
bird, which Turner conjectures to be the Red-shank. 
Gesner, however, prefers the Sea-pie, or Oyster- 
catcher, the Hcematonus ostralegus, L. 7 

HIMATION. (Vid. Pallium.) 

*HINNUS. (Vid. Ginnus.) 

*HIPPARCHU^ (Inirapxoi), an animal described 
by Oppian. Probably the same with the i-KKtka- 

HIPPARMOSTES. (Vid. Army, Greek, p. 98.) 

*HIPPEL'APHUS ('ntTtelaqoc ), a large animal oi 
the deer, or, rather, antelope kind, mentioned by 
Aristotle. Cuvier takes it to be the Capra cega- 
grus of Pallas, the same as the Tragdaphus of 
Pliny. Buffon makes it to be the Cerf des Arden- 
nes. The Greek name means literally " horse- 
stag." 9 

♦HIPPOCAMPUS (ImroKafiTcoc), a fabulous ani- 
mal, described by the ancient poets as a species of 
Seahorse, having a tail like a fish, on which the 
seagods ride. — Modern naturalists, however, apply 
the term to a species of fish, the Syngnathus Hippo- 
campus, called in Italian Cavillo marino, and in Eng- 
lish Seahorse, because its head has some resem- 
blance to that of a horse. It grows to the length oi 
eight or twelve inches. 10 

*HIPPOLAP'ATHUM ('nrncMTradov). a plant, a 
kind of Dock; Lapathum hortense. {Vid. Lafa- 

THUM.) 11 

*HIPPOM'ANES (tKiroiuaves), a plant, said to 
grow especially in Arcadia, sought for and eagerly 
devoured by horses ; or, as others say, producing in 
them raging desire or madness. 12 

*JI. A preparation from the Spurge or Euphorbia, 
as far, at least, as we can infer from what 7'heophras- 
tus says of it. 13 

*HIPPOMAR'ATHRUM ('nnropdpadpov). Adams 
observes that Stackhouse " makes the iirirouupadpoi- 

1. (Macrob., Sat, i, 21.) — 2. (Alexand. Sev., c. 37.)— 3. 
(Flav. Vopisc, Aurelian, c. 1.)— 4. (ii., 4, 3.)— 5. (i., 10, 13.)— 
6. (Ovid, Fast., iv., 337, &c.)— 7. (Oppian, iii., 251 ) —8. (Ad- 
ams, Append., s. v.) — 9. (Donnegan, s. v. — Adams, Append., & 
v.) — 10. (^Elian, N. A., iv., 14. — Adams, Arpend., s. v.)-~-Il 
(Dioscor.,ii., 141.)- -12. (Theocrit., Id., ii., 48. — Schol. adljcj 
— 13. (Theophrast., H. P iT IV 



HIRUNDO. 



HTSTR/O. 



*f Theophrastus to be the Ferula communis ; but 
Bprengel, in his History of Botany, holds the I. of 
Theophrastus and Hippocrates to be the Cachrys 
ticula. In his edition of Dioscorides, he refers the 
first species of this author to the Cachrys Morrisonii, 
Vahl. Dierbach agrees with Sprengel respecting 
the I. of Hippocrates." 1 

HIPPOPE'R.E (iirirmriipai), Saddle-bags. This 
appendage to the saddle (vid. Ephippium) was made 
r>\ leather (sacculi scortei 2 ), and does not appear ever 
it: have changed its form and appearance. Its prop- 
er Latin name was bisaccium, 3 which gave origin to 
bisaccia in Italian, and besace in French. By the 
Gauls, saddle-bags were called bulgce* because they 
bulge or swell outward ; this significant appellation 
is still retained in the Welsh bolgan or bwlgan. The 
more elegant term hippopera. is adopted by Seneca, 5 
when, in recommendation of the habits of frugality, 
he cites the example of Cato the censor, who rode 
with saddle-bags for the conveyance of whatever 
was necessary to him in travelling. 

*HIPPOPH'AES {imcoQaeg), a species of plant. 
Stackhouse suggests that it is the Dipsacus fullonum, 
but admits that he entertains doubts respecting it. 
Sprengel, in his History of Botany, holds it to be 
the Hippopha'es rhamnoides ; but in his edition of Di- 
oscorides he advances what Adams considers the 
rery probable opinion that it is the Euphorbia spinosa, 
or Thorny Spurge. 6 

*HIPPOPH^ESTUM (l^o<j>ai<TTov), a plant. 
" Sprengel, in his History of Botany, calls it the 
Cnicus stellatus, but in his edition of Dioscorides he 
follows Columna in referring it to the Cirsium stel- 
lalum, or Allion. I am at a loss to say whether or 
not the latter be a synonyme of the other." 7 

*HIPPOPOT'AMOS (iktzoc 6 iroTufiioc), the Riv- 
er-horse, or Hippopotamus amphibius. An accurate 
description is given by Herodotus, Aristotle, Dios- 
corides, and other ancient writers. 8 

♦HIPPOS, the Horse. (Vid. Equus.) 

*HIPPOSELPNON (iicieooefavov), a plant, which 
all the authorities agree in making the same with 
the Smyrnium olus atrum, called in English Alcsan- 
dcrs* 

*HIPPOURIS (iKTTovpic), an aquatic plant, the 
Horse-tail. According to Adams, the first species 
of Dioscorides would seem to be the Equisetum Jlu- 
viatile, and the other the E. limosum, two species 
of Horse-tail well known in Great Britain. The liz- 
vov of Theophrastus, according to the same author- 
ity, is most probably the Hippuris vulgaris, or Mare's 
tail, as Sprengel suggests. 10 

*HIPPU'RUS (lirirovpog), a species of Fish, the 
Coryphena Hippurus, L. " Artedi says it is called 
the Dolphin in England, but this is merely the triv- 
ial name given to it by seamen. Dorion, an author 
quoted by Athertaeus, states that it was sometimes 
called KopvQalva, and hence the Linnaean name of 
it i3 formed. Coray says it grows to the length of 
four or five feet." 11 

♦HIRUDO, the Leech. (Vid. Bdella.) 

*HIRUNDO (xelcduv), the Swallow. "Three 
birds of the Swallow tribe," observes Adams, " are 
briefly noticed by Aristotle. 12 The first is either the 
Hip undo urbica, the Martin, or H. ruslica, the Chim- 
ney Swallow. ^Elian 13 seems to point to the latter. 

1. (Hippocrat, Nat. Mulier. — Theophrast., H. P., vi., 3. — Di- 
csenr., in.. 75. — Adams, Append., s. v.) — 2. (Festus, s. v. Bul- 

£».)— 3. (Petron., Sat., 31.) — 4. (Festus, 1. c. — Onomast. Gr. 
at.)— 5. (Epist., 88.)— 6. (Dioscor., iv., 159.— Theophrast., ix., 
15. — Adams, Append., s. v.) — 7. (Dioscor., iv., 170. — Adams, 
Append., a. v.)— 8. (Herod., ii., 71.— Aristot., II. A., ii., 4.— Di- 
a»»>r., M. M.. ii., 25.— Nicand., Ther., 565.) —9. (Theophrast., 
H. P., ii., 2 —Id., C. P., vi., 12.— Dioscor., iii., 71.)— 10. (Dios- 
cor , iv., 46.— Geopon., ii., 6.— Theophrast., II. P., iv., 10.— Ad- 
aniB, Append., s. v.)— 11. (Aristot., H. A., viii., 13. — Plin., H. 
N., ix., 16 — Id ib., xxxii., 9. — Adams. Append , s. v.) — 19 (II. 
A., ix., 2.)— 13. (N A., i., 52.) 

s ■ ■ 



The second is probably the Swift; and the third tha 
H. riparia, or Bank Swallow. Aristotle favours the 
opinion which received the countenance of Linnae- 
us, but has since been exploded, that swallows hide 
themselves in holes during the winter, and do not 
migrate to distant countries. Herodotus states' 
that the swallows do not migrate from Egypt. 
This would imply that he held that they migrate 
from other countries. Some have conjectured that 
Homer meant the Swallow by the bird which he 
names dvonaia, or navoiraia, as some read it. 8 

HISTOS (lords). (Vid. Malus.) 

HI'STRIO, an Actor. 

I. Greek Actors (imoKpiTai). It is shown in 
the articles Chorus and Dionysia that the Greek 
drama originated in the chorus which at the festi- 
vals of Dionysus danced around his altar, and that 
at fiust one person detached himself from the cho- 
rus, and, with mimic gesticulation, related his story 
either to the chorus or in conversation with it. If 
the story thus acted required more than one person, 
they were all represented in succession by the same 
actor, and there was never more than one person 
on the stage at a time. This custom was retained 
by Thespis and Phrynichus. But it was clear that 
if the chorus took an active and independent part in 
such a play, it would have been obliged to leave its 
original and characteristic sphere. ^Eschylus thei e- 
fore added a second actor, so that the action and 
the dialogue became independent of the chorus, and 
the dramatist, at the same time, had an opportunity 
of showing two persons in contrast with each othei 
on the stage. 3 Towards the close of his career, 
^Eschylus found it necessary to introduce a third 
actor, as is the case in the Agamemnon, Choephori, 
and Eumenides.* This number of three actors wa3 
also adopted by Sophocles and Euripides, and was 
but seldom exceeded in any Greek drama. In the 
CEdipus in Colonus, however, which was performed 
after the death of Sophocles, four actors appeared 
on the stage at once, and this deviation from the 
general rule was called Trapaxopvyvf ia - 5 ' The three 
regular actors were distinguished by the technical 
names of Trpurayuviar^c, devrspayovLar^c, and rpi- 
TayuvioT7)c, 6 which indicated the more or less prom- 
inent part which an actor had to perform in the 
drama. Certain conventional means were also de- 
vised, by which the spectators, at the moment an 
actor appeared on the stage, were enabled to judge 
which part he was going to perform ; thus the pro- 
tagonistes always came on the stage from a door in 
the centre, the deuteragonistes from one on the 
right, and the tritagonistes from a door on the left 
hand side. 7 The protagonistes was the principal 
hero or heroine of a play, in whom all the power 
and energy of the drama were concentrated ; and 
whenever a Greek drama is called after the name 
of one of its personae, it is always the name of the 
character which was performed by the protagonis- 
tes. The deuteragonistes, in the pieces of iEschy- 
lus for two actors, calls forth the various emotions 
of the protagonistes, either by friendly sympathy or 
by painful tidings, &c. The part of a tritagonistes 
is represented by some external and invisible pow- 
er, by which the hero is actuated or caused to suf- 
fer. When a tritagonistes was added, the part as- 
signed to him was generally that of an instigator, 
who was the cause of the sufferings of the protago- 
nistes, while he himself was the least capable of 
depth of feeling or sympathy. The deuteragonistes. 
in the dramas for three actors, is generally distin- 
guished by loftiness and warmth of feeling, but haa 

1. (ii., 48.)— 2. (Adams, Append., s. v.)— 3. f Aristot., Poet., 
ii., 14.) — 4. (Pollux, Onoin., iv.. 110.) — 5 (Pollux, 1. c.) — 6 
(Suidas, s. v. TptTaywvtoTfc. — Demosth., De Coron., p. 315. — 
Id., De Fall. L*?., p. 344 and 40J !— 7. (Pollux, Onom.,iv., 124.) 

505 



HISTRIO. 



HISTRIO. 



not its dt pth and vehemence peculiar to the prota- 
gonistes, and thus serves as a foil to set forth the 
character of the chief hero in its most striking and 
vivid colours. 1 

The female characters of a play were always per- 
formed by young men. A distinct class of persons, 
who made acting on the stage their profession, was 
unknown to the Greeks during the period of their 
great dramatists. The earliest and greatest dra- 
matic poets, Thespis, Melanthius, Sophocles, and 
probably iEsohylus also, acted in their own plays, 
and in all probability as protagonistae. We also 
know of several instances in which distinguished 
Athenian citizens appeared on the stage, and iEs- 
chines, the orator, did not scruple to act the part of 
tritagonistes. 3 These circumstances show that it 
was by no means thought degrading in Greece to 
perform on the stage, and that no stigma whatever 
was attached to the name of a man for his appear- 
ing on the stage. Bad actors, however, to what- 
ever station in life they belonged, were not, on that 
account, spared ; and the general mode of showing 
displeasure on the part of the spectators seems to 
have been by whistling. 3 It appears that when the 
spectators showed their displeasure in too-offensive 
or insulting a manner, the actors would sometimes 
attack the most forward of the audience, and quar- 
rels of this kind ended not unfrequently in blows 
and wounds. 4 At a later period, however, persons 
began to devote themselves exclusively to the pro- 
fession of actors, and distinguished individuals re- 
ceived, even as early as the time of Demosthenes, 
exorbitant sums for their performances. Various 
instances are mentioned in Bockh's Pull. Econ. of 
Athens, i., p. 161, &c. At the time when Greece 
had lost her independence, we find regular troops 
of actors, who were either stationary in particular 
towns of Greece, or wandered from place to place, 
and engaged themselves wherever they found it 
most profitable. They formed regular companies 
or guilds, with their own internal organization, with 
their common officers, property, and sacra. We 
possess a number of inscriptions belonging to such 
companies, with decrees to honour their superiors, 
or to declare their gratitude to some king to whom 
they had been engaged. But these actors are gen- 
erally spoken of in very contemptuous terms ; they 
were, perhaps, in some cases slaves or freedmen, 
and their ordinary pay seems to have been seven 
drachmae for every performance. 5 

II. Roman Actors. The word histriones, by 
which the Roman actors were called, is said to 
have been formed from the Etruscan hister, which 
signified a ludio or dancer. 6 In the year 364 B.C. 
Rome was visited by a plague, and as no human 
means could stop it, the Romans are said to have 
tried to avert the anger of the gods by scenic plays 
(ludi scenici), which until then had been unknown 
to them ; and as there were no persons at Rome 
prepared for such performances, the Romans sent 
to Etruria for them. The first histriones who were 
thus introduced from Etruria were dancers, and per- 
formed their movements to the accompaniment of a 
flute. That the art of dancing to this accompani- 
ment should have been altogether unknown to the 
Romans is hardly credible ; the real secret must 
have been in the mode of dancing, that is, in the 
mimic representations of the dancers, such as they 



1. (Miiller, Hist, of Gr. Lit., i., p. 305, &c. — Compare Botti- 
gor, " De Actoribus Primarum, Secund. et Tert. Partiura.") — 2. 
(Deirmsth., 1. c.)— 3. (Demosth., De Coron., p. 315.) — 4. (De- 
mosth., De Coron., p. 314. — Id., De Fals. Leg., p. 449. — Ando- 
cid., c. Alcib., p. 121. — Athen., ix., p. 406.) — 5. (Lucian, Icaro- 
men., 29. — Id., De Merced. Cond., 5. — Theophrast., Charact., 6. 
— Compare Miiller, Hist, of Greek Lit., i., p. 304, &c— Becker, 
Charikles, ii., p. 274. — Bode, Geschichte der dram. Dichtkunst 
der Ilellenen, 2 vols., 1839, 1840.)— 6. (Liv., vii., 2.— Val. Max., 
i» 4, 4.— Compare Plut., Quaest. Rom., p. 289, C.) 
*06 



are described by Dionysius 1 and Appian 2 That th« 
Etruscans far excelled the Romans in these mimic 
dances is more than probable ; and we find that in 
subsequent times, also, a fresh supply of Etruscan 
dancers (histriones) came to Rome. 4 Roman youths 
afterward not only imitated these dancers, but also 
recited rude and jocose verses adapted to the move- 
ments of the dance and the melody of the flute. 
This kind of amusement, which was the basis of 
the Roman drama, remained unaltered until the 
time of Livius Andronicus, who introduced a slave 
upon the stage for the purpose of singing or reciting 
the recitative, while he himself performed the ap- 
propriate dance and gesticulation. (Vid. Canti- 
cum.) A farther step in the development of the 
drama, which is likewise ascribed to Livius, was, 
that the dancer and reciter carried on a dialogue, 
and acted a story with the accompaniment of the 
flute.* The name histrio, which originally signi- 
fied a dancer, was now applied to the actors in the 
drama. The atellanae were played by freeborn Ro- 
mans, while the regular drama was left to the his- 
triones, who formed a distinct class of persons. It 
is clear, from the words of Livy, that the histriones 
were not citizens ; that they were not contained in 
the tribes, nor allowed to be enlisted as soldiers in 
the Roman legions ; and that, if any citizen entered 
the profession of histrio, he on this account was 
excluded from his tribe. Niebuhr 5 thinks differ- 
ently, but does not assign any reason for his opin 
ion. The histriones were therefore always either 
freedmen, strangers, or slaves, and many passages 
of Roman writers show that they were generally 
held in great contempt. 6 Towards the close of the 
Republic, it was only such men as Cicero, who, by 
their Greek education, raised themselves above the 
prejudices of their countrymen, and valued the per- 
son no less than the talents of an /Esopus and Ros- 
cius. 7 But, notwithstanding this low estimation in 
which actors were generally held, distinguished in- 
dividuals among them attracted immense crowds to 
the theatres, and were exorbitantly paid. 8 Roscius 
alone received every day that he performed one 
thousand denarii, and ^Esopus left his son a fortune 
of 200,000 sesterces, which he had acquired solely 
by his profession. 9 The position of the histriones 
was in some respects altered during the Empire. 
By an ancient law the Roman magistrates were 
empowered to coerce the histriones at any time 
and in any place, and the praetor had the right to 
scourge them (jus virgarum in histriones). This 
law was partly abolished by Augustus, in as far as 
he did entirely away with the jus virgarum, and 
confined the interference of the magistrates to the 
time when, and the place where (ludi et scena) the 
actors performed. 10 But he nevertheless inflicted 
very severe punishments upon those actors who, 
either in their private life or in their conduct on the 
stage, committed any impropriety. 11 After these 
regulations of Augustus, the only legal punishments 
that could be inflicted upon actors for improper con- 
duct seem to have been imprisonment and exile. 13 
The jus virgarum is indeed said to have been re- 
stored to the praetor by a law of Augustus himself," 
not expressly, but by the interpretation put upon 
this law by the jurists. But this interpretation can 
not have become valid till after the reign of Tibe- 
rius, of whom it is clearly stated that he refused to 
restore the jus virgarum, because it had been abol- 
ished by his predecessor. 1 * These circumstances, 

1. (Antiq. Rom., vii., 72.)— 2. (viii., 66.)— 3. (Miiller, Etrusk., 
iv., 1, 6.)— 4. (Vid. Gronov. ad Liv., 1. c.) — 5. (Hist, of Rome, i., 
p. 520, n. 1150.)— 6. (Cic, Pro Arch., 5.— Corn. Nep., Pnefsi., 5. 
— Sueton., Tib., 35.)— 7. (Macrob., Sat., ii., 10.)— 8. (Cic. in 
Verr., iv., 16.)— 9. (Macrob., 1. c.)— 10. (Tacit., Ann., i., 77.)— 
11. (Suet., Octav., 45.)— 12. (Tacit., Ann., iv., 14.— Id. ib., xm., 
28.)— 13. (Paull., Sent., v., tit. 26.)— 14. (Tacit., Ana., ? . 77^ 



HONORES. 



HvJR.* 



and the favour of the emperors, increased the arro- 
gance and the loose conduct of the histriones, and 
the theatres were not seldom the scenes of bloody 
fights. Hence Tiberius, on ons occasion, found him- 
self obliged to expel all histriones from Italy ; x but 
they were recalled and patronised by his successor. 3 
Some of the later emperors were exceedingly fond 
of histriones, and kept them for their private amuse- 
ment (histriones aulici 3 ). They performed at the 
repasts of the emperors,* and were occasionally al- 
lowed, also, to play in the theatres before the peo- 
ple (publicabantur). In the Digest 6 we read that all 
actors were infamous. From the time of Tacitus 
the word histrio was used as synonymous with pan- 
tomimus.* 

Respecting the ordinary pay which common ac- 
tors received during the time of the Republic, no- 
thing is known. The pay itself was called lucar, 7 
which word was perhaps confined originally to the 
payment made to those who took part in the reli- 
gious services celebrated in groves. In the times 
jf the Empire it seems that five denarii, 8 or, ac- 
cording to others, 9 seven drachmae, were the com- 
mon pay for a histrio for one performance. Sever- 
al emperors found it necessary to restrict the prac- 
tice of giving immoderate sums to actors. 10 The 
Emperor M. Antoninus, who was fond of all histri- 
onic arts, ordained that every actor should receive 
five aurei, and that no one who gave or conducted 
theatrical representations should exceed the sum 
of ten aurei. 11 But it is not clear whether in this 
regulation the payment for one >or more performan- 
ces is to be understood. These sums were either 
paid by those who engaged the actors to play for 
the amusement of the people, or from the fiscus. 12 
Besides their regular pay, however, skilful histriones 
received from the people gold and siiver crowns, 
which were given or thrown to them upon the 
stage. 13 

HOLOSPHY'RATON. (Vid. Bronze, p. 77.) 
HOMOIOI. (Vid. Civitas, Greek, p. 260.) 
HONORA'RIA ACTIO. (Vid. Actio, p. 17.) 
HONORA'RIUM. ( Vid. Advocatus, Cincia Lex.) 
HONORA'RIUM JUS. (Vid. Edictum.) 
HONO'RES. Cicero 1 * speaks of the " honores 
populi," and Horace 15 of the populus 

" qui stultus honores 
S<zpc dat in-diguis." 
In both passages the word "honores" means the 
high offices of the state to which qualified individ- 
uals were called by the votes of the Roman citi- 
zens. Cicero calls the quasstorship "honor ;" 16 and 
the words " magistratus" and " honores" are some- 
times coupled together. The capacity of enjoying 
the honores was one of the distinguishing marks of 
citizenship. (Vid. Civitas.) 

There appears to be no exact definition of honor 
earlier than in the jurists whose writings are ex- 
cerpted in the Digest. " Honor municipalise is de- 
fined to be " administrate reipublicce cum dignitatis 
gradu, sive cum sumptu, she sine erogatione contin- 
gensV Munus was either publicum or privatum. 
A publicum munus was concerned about adminis- 
tration (in administranda rcpublica), and was at- 
tended with cost (sumptus), but not with rank (digni- 
tas). " Honor" was properly said " deferri," " dari ;" 
munus was said " im poni." Cicero 17 uses the phrase 

1. (Tacit., Ann., iv., 14.— Dion Cass., lviii., p. 708.)— 2. (Dion 
Cass., lix., p. 738.)— 3. (Spartian., Hadr., «s. 19.— Jul. Capitol., 
Verus, c. 8.)— 4. (Sueton., Octav., 74.)— 5. (3, tit. 2, s. 1.)— 6. 
(Botticher, Lex. Tacit., p. 233.)— 7. (Tacit., Ann., i., 77.— Plut., 
Quaest. Rom., p. 285, C— Festus, s. v. " Lucar" and " Pecunia.") 
—8. (Senec.,Epist.,80.) — 9. (Lucian, Icaromen., c. 29.) — 10. 
(Tacit., 1. c— Suet., Tib., 34.)— 11. (Jul. Capitol., M. Anton., 
c. 11. — Compare Schol. ad Juv., vii., 243.) — 12. (Lipsius, Ex- 
J urB -N. ad Tacit., Ann., i.)— 13. (Phsdr., Fab., v., 7, 36.— Plin., 
H.N., xxi., 3.)— 14. (Top., c. 20.)— 15. (Serin.. 1., vi., 5.V 16. 
(Vid. also Liv., vi., 39 )— 17. (De Or , i., 45.) 



" k.moribus et reipublicce muneribus perfunctutrC i« 
signify one who has attained all the honours that 
his state can give, and discharged all the duties 
which are owed by a citizen. A person who held 
a magistratus might be said to discharge munera, 
but only as incident to the office (rnagnificcntissimo 
munere adilitatis pcrfunctus), 1 for the office itself 
was the honor. Such munera as these were public 
games and other things of the kind. 2 

HOPLITAI. (V^d. Arma, p. 94 ; Army, Greek, 
p. .99.) 

HOPLOMACHI. (Vid. Gladiatores, p. 476.) 
HORA (copa), in the signification of hour, that 
is, the 12th part of the natural day, did not come 
into general use among the ancients until about the 
middle of the second century B.C. The equinoc- 
tial hours, though known to astronomers and philos- 
ophers, were not used in the affairs of common life 
till towards the end of the fourth century A.D. 
As the division of the natural day into twelve equal 
parts, both in summer and winter, rendered the du- 
ration of the hours longer or shorter according to 
the different seasons of the year, it is not easy, with 
accuracy, to compare or reduce the hours of the an- 
cients to our equinoctial hours. The hours of an 
ancient day would only coincide with the hours of 
our day at the two equinoxes. (Vid. Dies and Ho- 
rologium.) As the duration of the natural day, 
moreover, depends on the polar altitude of a place, 
our natural days would not coincide with the natu- 
ral days in Italy or Greece. Ideler, in his Hand- 
buch der Chronologie, has given the following ap- 
proximate duration of the natural days at Rome in 
the year 45 B.C., which was the first after the new 
regulation of the calendar by J. Caesar ; the length 
of the days is only marked at the eight principal 
points in the apparent course of the sun. 

Days of the year. Their duration in 

45 B.C. equinoctial hours. 

Dec. 23 8 hours 54 minute.% 

Feb. 6 9 " 50 " 

March 23 12 " " 

May 9 14 " 10 " 

June 25 15 " 6 " 

August 10 14 " 10 " 

Sept. 25 12 " " 

Nov. 9 9 " 50 " 

The following table contains a comparison of the 
hours of a Roman natural day, at the summer and 
winter solstice, with the hours of our day. 
SUMMER solstice. 

Roman Hours. Modern Hours. 

1st hour . 4 o'clock, 27 minutes, seconot,. 

2d " . . 5 , " 42 " 30 

3d " . . 6 " 58 " " 

4th " . . 8 13 " 30 

5th " . . 9 29 " 

6th " . . 10 " 44 " 30 " 

7th " . . 12 " " 

8th " . . 1 " 15 " 30 " 

9th " . . 2 " 31 " 

10th " . . 3 " 46 " 30 " 

11th " . . 5 2 " " 

12th " . . 6 " 17 " 30 " 

End of the day 7 " 33 " " 
WINTER solstice. 



Roman Houra. 






Modem 


Hours. 






1st hour 


. 7 


o'clock, 


33 minutes 


, o 


secondb. 


2d 


(« 


. 8 


« 


17 


<( 


30 


u 


3d 


<< 


. 9 


a 


2 


u 





tt 


4th 


i< 


. 9 


a 


46 


it 


30 


it 


5th 


it 


. 10 


a 


31 


u 





u 


6th 


<( 


. 11 


ti 


15 


<( 


30 


ti 


7th 


(< 


. 12 


t< 





« 





i» 


8th 


<( 


. 12 


tl 


4i 


<( 


30 


tt 



1. (Cic. ad Fam., xi , 17.)— 2. (Dig. 50, tit. 4, " De Muueri- 
bus et Honoribus.") 

507 



HOROLOGIUM. 



HOROLOGIUM. 



Reran Hours. 

9th hour 
10th " . 
11th " . 
12th " . 



Modem Hours. 

1 o'clock, 29 minutes, seconds. 

2 " 13 " 30 " 

2 " 58 " " 

3 " 42 " 30 " 



End of the day 4 " 27 " " 

The custom of dividing the natural day into 
twelve equal parts or hours lasted, as we have ob- 
served, till a very late period. The first calenda- 
rium in which wo find the duration of day and 
night marked according to equinoctial hours, is the 
Calendarium rusticum Farnesianum. 1 

Another question which has often been discussed 
is whether, in such expressions as prima, altera, 
tertia hora, &c., we have to understand the hour 
which is passing, or that which has already elapsed. 
From the construction of ancient sundials, on which 
the hours are marked by eleven lines, so that the 
first hour had elapsed when the shadow of the 
gnomon fell upon the first line, it might seem as if 
hora prima meant after the lapse of the first hour. 
But the manner in which Martial, 3 when describing 
the various purposes to which the hours of the day 
Aere devoted by the Romans, speaks of the hours, 
leaves no doubt that the expressions prima, altera, 
vertia hora, &c, mean the hour which is passing, 
and not that which has already elapsed. 3 

HORDE A'RIUM JES. (Vid. JEs Horde arium.) 

HOPOI (bpoi) were stone tablets or pillars put 
•jp on mortgaged houses and lands at Athens, upon 
which the debt and the creditor's name were in- 
scribed, and also the name of the archon eponymus 
in whose year the mortgage had been made. 4 The 
following inscription upon an bpog found at Acharnae 
is taken from Bockh : 5 'Eirl QeoQpuoTov dpxovrog, 
'bpog %G)piov Tifiyg kvo(j>Ei?i,o[j.F.VT]g QavooTpuru Uatav 
\tst) xx, that is, dioxMuv dpaxptiv. It appears that 
he estate had been bought of Phanostratus, but 
hat the purchase-money, instead of being paid, was 
allowed to remain on mortgage. 

When the estate of an orphan was let by the ar- 
chon and his guardian (vid. Epitropos), the person 
to whom it was let was obliged to hypothecate a 
sufficient piece of ground or other real property, 
which was called uTtoTLurjp.a : and upon this an bpog 
was placed, bearing an inscription to that effect, 
as in the following example, which is taken from 
an bpog found upon the plain of Marathon : "Opog 
Xupiov Kal o'cKtag, aTTorijurjpia rraidl bpfyavtb Aioyetro- 
vog Upo6a(?iioiov 6 ). "Opoi were also placed upon 
houses and lands on account of money due to a 
husband for the dowry of his wife, 7 and also upon 
the property which a husband was obliged to give 
as a security for the dowry which he received with 
his wife. 8 (Vid. Dos, Greek, p. 379.) 

The practice of placing these bpot upon property 
was of great antiquity at Athens ; it existed before 
the time of Solon, who removed all stones standing 
upon estates when he released or relieved the 
debtors. 9 

HOROLO'GIUM (upoloyiov) was the name of 
the various instruments by means of which the an- 
cients measured the time of the day and night. 
The earliest and simplest horologia of which men- 
tion is made, were called Tc6?„og and yvu/iov. He- 
rodotus 10 ascribes their invention to the Baby- 
lonians: Phavorinus 11 to Anaximander ; and Pli- 

1. (Ideler, Handbuch der Chron., ii., p. ]39, &c. — Graev., 
Thesaur. Ant. Rom., yiii.) — 2. (iv., 8.)— 3. (Becker, Gallus, i., 
p. 184, &c.) — 4. (Harpocrat., s. v. "Opos and "AcrrtKTw. — Pollux, 
bnora., iii., 85. — Id. ib., ix.,9.) — 5. (Corp. Inscrip., i., p. 484.) — 
6. (Bockh, p. 485. — Compare Isaeus, De Philoct. hsered., p. 141.) 
— 7. (Demosth., c. Spud., 1029, 21.) — 8. (Demosth., c. Onetor;, 
ii., p. 877.)— 9. (Pmt., Sol., 15.— Bockh, Publ. Econ. of Athens, 
i.. p. 172. — Id., Corp. Inscrip., i., p. 484. — Museum Criticum, 
No. viii., p. 622.— Herald., Observ., ad J. A. et R., p. 216.— Mei- 
er, Att. Process, p. 506.)— 10. (ii., 109.)— 11. (ap. Diog. Laert., 
ii., 1, 3. — Compare Suidas, s. v. ri/w^cJi/ and 'AvaXiixavfipos.) 
508 



ny l to his disciple Anaximenes. Herodotus memunis 
the TToXog and yvcxiuv as two distinct instruments 
Both, however, divided the day into twelve equal 
parts, and were a kind of sundial. The yvu/iotv^ 
which was also called aroix^tov, was the more 
simple of the twe, and probably the more ancient. 
It consisted of a staff or pillar standing perpendic- 
ularly, in a place exposed to the sun (cKiudrjpov), so 
that the length of its shadow might be easily ascer- 
tained. The shadow of the gnomon was measured 
by feet, which were probably marked on the place 
where the shadow fell.* The gnomon is almost 
without exception mentioned in connexion with 
the decTvvov or the bath ; and the time for the for- 
mer was towards sunset, or at the time when the 
shadow of the gnomon measured ten or twelve 
feet. 3 The longest shadow of the gnomon, at sun- 
rise and sunset, was generally 12 feet, but in some 
cases 24 feet, so that at the time of the delrcvov it 
was 20 feet.* The time for bathing was when the 
gnomon threw a shadow of six feet. 5 In later 
times the name gnomon was applied to any kind of 
sundial, especially its finger which threw the shad- 
ow, and thus pointed to the hour. Even the clep- 
sydra is sometimes called gnomon • 

The gnomon was evidently a very imperfect in- 
strument, and it was impossible to divide the day 
into twelve equal spaces by it. This may be the 
reason that we find it only used for such purposes 
as are mentioned above. The noXog or rfkiOTpoixtov, 
on the other hand, seems to have been a more per- 
fect kind of sundial ; but it appears, nevertheless, 
not to have been much used, as it is but seldom 
mentioned. 7 It consisted of a basin (henavig), in 
the middle of which the perpendicular staff or fin- 
ger (yvufiuv) was erected, and in it the twelve parte 
of the day w r ere marked by lines. 8 

Another kind of horologium was the clepsydra 
(^etyvSpa). It derived its name from kXettteiv and 
vdop, as in its original and simple form it consisted 
of a vessel with several little openings (Tpv-irnfiara) 
at the bottom, through which the water contained 
in it escaped, as it were, by stealth. This instru 
ment seems at first to have been used only for the 
purpose of measuring the time during which per- 
sons were allowed to speak in the courts of justice 
at Athens. The time of its invention or introduction 
is not known, but at the time of Aristophanes 9 it 
appeals to have been in common use. Its form anc 
construction may be seen very clearly from a pas- 
sage of Aristotle. 10 The clepsydra was a hollovs 
globe, probably somewhat fiat at the top part, where 
it had a short neck (avlbg), like that of a bottle, 
through which the water was poured into it. This 
opening might be closed by a lid or stopper (irufiu), 
to prevent the water running out at the bottom. 
The clepsydra which Aristotle had in view was 
probably not of glass or of any transparent mate- 
rial, but of bronze or brass, so that it could not be 
seen in the clepsydra itself what quantity of water 
had escaped. As the time for speaking in the Athe- 
nian courts was thus measured by water, the ora- 
tors frequently use the term vdup instead of the 
time allowed to them (hv tu kfiCt vdarL 11 ). iEschi- 
nes, 13 when describing the order in which the sever- 
al parties were allowed to speak, says that the first 
water was given to the accuser, the second to the 
accused, and the third to the judges. An especial 

1. (H. N., ii., 76.)— 2. (Hesych., b. v. 'Eirrdrovs aula and <*w- 
8e>cdiTodos.— Pollux, Onom.,i., 72.)— 3. (Aristoph., Eccles., 652, 
with the schol.— Pollux, 1. c. — Menander ap. Athen., vi., p. 243. 
—Hesych., s. v. Aticd-jovv oroixaov.)— 4. (Eubulides ap. Ath 
en., i., p. 8.) — 5. (Lucian, Cronos., c. 17. — Id., Soma. s. Gall., 
c. 9.)— 6. (Athen., ii., 42.)— 7. (Aristoph., ap. Poll., ix., 5.)— 
8. (Alciphron, Epist., iii., 4.— Lucian, Lexiph., c. 4.)— 9. (Yid, 
Acharn., 653.— Vesp., 93 and 827.)— 10 ; (Problem., ivi., (J.)— 
11. ^Demosth., De Coron., p. 274. — rav lyx^pfl T< * ^^ 3 « — W- • 
Leoch., p. 1094.)— 12. (c. Ctes., p. 587.) 



nOROLOGITJM. 



nOROLOGrTTM. 



orticer (6 kf vSup) was appointed in the courts for 
*»»e purpose of watching the clepsydra, and stopping 
u when any documents were read, whereby the 
speaker was interrupted ; and it is to this officer 
that Demosthenes 1 calls out, ov 6e k^iXatz to vdup. 
The time, and, consequently, the quantity of water 
allowed to a speaker, depended upon the impor- 
tance of the case ; and we are informed that in a 
ypa^rj Trapa.77pEc6eia£ the water allowed to each par- 
ty amounted to eleven amphorae, 2 whereas in trials 
concerning the right of inheritance only one am- 
phora was allowed. 3 Those actions in which the 
time was thus measured to the speakers are called 
by Pollux* dincu npog vdup : others are termed 61- 
km. uvev vdaroi;, and in these the speakers were not 
tied down to a certain space of time. The only in- 
stance of this kind of actions of which we know is 
the ypa^rj KaKcoaeug.* 

The clepsydra used in the courts of justice was, 
properly speaking, no horologium ; but smaller ones, 
made of glass, and of the same simple structure, 
were undoubtedly used very early in families for the 
purposes of ordinary life, and for dividing the day 
into twelve equal parts. In these glass clepsydrae 
the division into twelve equal parts must have been 
visibie, either on the glass globe itself, or in the 
basin into which the water flowed. These instru- 
ments, however, did not show the time quite cor- 
rectly all the year round ; first, because the water 
ran out of the clepsydra sometimes quicker and 
sometimes slower, according to the different tem- 
perature of the water ; 6 and, secondly, because the 
length of the hours varied in the different seasons 
of the year. To remove the second of these defects, 
the inside of the clepsydra was covered with a coat 
of wax during the shorter days, and when they be- 
came longer the wax was gradually taken away 
again. 7 Plato is said to have used a vvKreptvov 
upoXoytov in the shape of a large clepsydra, which 
indicated the hours of the night, and seems to have 
been of a complicated structure. 8 This instance 
shows that at an early period improvements were 
made on the old and simple clepsydra. But all 
these improvements were excelled by the ingenious 
invention of Ctesibius, a celebrated mathematician 
of Alexandrea (about 135 B.C.). It is called upo- 
?.6ytov vdpavTitKov, and is described by Vitruvius. 9 
"Water was made to drop upon wheels, which were 
thereby turned. The regular movement of these 
wheels was communicated to a small statue, which, 
gradually rising, pointed with a little stick to the 
hours marked on a pillar which was attached to 
the mechanism. It indicated the hours regularly 
throughout the year, but still required to be often 
attended to and regulated. This complicated clep- 
sydra seems never to have come into general use, 
and was probably only found in the houses of very 
wealthy persons. The sundial or gnomon, and a 
simpler kind of clepsydra, on the other hand, were 
much used down to a very late period. The twelve 
parts of the day were not designated by the name 
&f,2 until the time of the Alexandrean astronomers, 
and even then the old and vague divisions, described 
in the article Dies, were preferred in the affairs of 
common life. At the time of the geographer Hip- 
parchus, however (about 150 B.C.), it seems to have 
been very common to reckon by hours. 10 

The first horologium with which the Romans be- 
came acquainted was a sundial (solarium, or horolo- 
gium sciothcricum, and was, according to some wri- 
ters, brought to Rome by Papirius Cursor twelve 

1. (c. Steph., 1, p. 1103.)— 2. (JSschin., De Fals. Leg., t) 126.) 
—3. (Demosth., c. Macart., p. 1052.)— 4. (viii., 113.)— 5. (Har- 
pocrat., s. v. KaVwaj?.)— 6. (Athen., ii., p. 42.— Plut., Qusnst. 
Nat., c. 7.)— 7. (.En. Tact., c. 22.)— 8. (Athen., iv., p. 174.)— 9. 
(ix., 9. — Compare Athsn., 1. c.) — 10. (Compare Becker, Chari- 
klc«, ii., p. 490, <tc ) 



years before the war with Pyrrhus, and placed be- 
fore the temple of Quirinus ; others stated that it 
was brought to Rome at the time of the first Punn; 
war, by the consul M. Valerius Messala, and erecteu 
on a column behind the Rostra. But this solarium, 
being made for a different meridian, did not show 
the time at Rome correctly. Ninety-nine years af 
terward, the censor Q. Marcius Philippus erected 
by the side of the old solarium a new one, which 
was more carefully regulated according to the me 
ridian of Rome. But as sundials, however perfect 
they might be, were useless when the sky was 
cloudy, P. Scipio Nasica, in his censorship, 159 
B.C., established a public clepsydra, which indicated 
the hours both of day and night. This clepsydra 
was in after times generally called solarium. 1 The 
word hora for hour was introduced at Rome at the 
time when the Romans became acquainted with the 
Greek horologia, and was, in this signification, well 
known at the time of Plautus. 2 After the time of 
Scipio Nasica, several horologia, chiefly solaria, seem 
to have been erected in various public places at 
Rome. A magnificent horologium was erected by 
Augustus in the Campus Martius. It was a gnomon 
in the shape of an obelisk ; but Pliny 3 complains 
that in the course of time it had become incorrect. 
Another horologium stood in the Circus Flaminius. 4 
Sometimes solaria were attached to the front side 
of temples and basilicse. 5 The old solarium which 
had been erected behind the Rostra seems to have 
existed on that spot till a very late period, and it 
would seem that the place was called ad Solarium, 
so that Cicero uses this expression as synonymous 
with Rostra or Forum. 6 Horologia of various de- 
scriptions seem also to have been commonly kept 
by private individuals ; 7 and at the time of the em- 
perors, the wealthy Romans used to keep slaves 
whose special duty was to announce the hours of 
the day to their masters. 8 

From the number of solaria which have been dis- 
covered in modern times in Italy, we must infer that 
they were very generally used among the ancients. 
The following woodcut represents one of the sim- 
plest horologia which have been discovered ; it 
seems to bear great similarity to that, the invention 
of which Vitruvius ascribes to Berosus. It was 
discovered in 1741, on the hill of Tusculum, among 
the ruins of an ancient villa, and is described by 
Gio. Luca Zuzzeri, in a work entitled D"una antica 
villa scoperta sul dosso del Tusculo, e d'un antico orO' 
logio a sole, Venezia, 1746 ; and by G. H. Martini, 
in his Abhandlung von den Sonnenuhren der Alien 
Leipzig, 1777, p. 49, &c. 




The following woodcut shows the same solarium 
as restored by Zuzzeri. 

1. (Plin., H. N., vii., 60.— Censorin., De Die Nat., o. 23.)— S 
(Pseudol., V.,ii., 10.)— 3. (H. N.. xxxvi.. 10.)— 4. (Vitruv., ix., 
9, 1.)— 5. (Varro, De Ling-. Lat., v., 2. — Gruter, Inscr., vi., (J.) 
—6. (Pro Quint., 18.— ad Herenn., iv., 10.)— 7. (Cic. ad Fara., 
xvi., 18.)— 8. (Juv., x., 215.— Mart wo , 67.— Petron., 26 » 

509 



H0R0L0G1UM. 



HORTUS. 




The breadth as well as the height (A and P A) 
are somewhat more than eight inches, and the 
length (A B) a little more than sixteen inches. The 
surface (A R B) is horizontal. S P Q T is the 
basis of the solarium, which originally was proba- 
bly erected upon a pillar. Its side, A S T B, in- 
clines somewhat towards the basis. This inclina- 
tion was called eynlijia, or inclinatio solarii and en- 
clima succisum, 1 and shows the latitude or polar al- 
titude of the place for which the solarium was made. 
The angle of the enclima is about 40° 43', which 
coincides with the latitude of Tusculum. In the 
body of the solarium is the almost spherical excava- 
tion H K D M I F N, which forms a double hemicyc- 
lium {kemicyclium excavatum ex quadrate?). With- 
in this excavation the eleven hour-lines are marked, 
which pass through three semicircles, H L N, K E 
F, and D M I. The middle one, KEF, represents 
the equator, the two others the tropic lines of win- 
ter and summer. The curve representing the sum- 
mer tropic is somewhat more than a semicircle, the 
two other curves somewhat smaller. The ten mid- 
dle parts, or hours in each of the three curves, are 
all equal to one another ; but the two extreme ones, 
though equal to each other, are by one fourth small- 
er than the rest. In the middle, G, of the curve D 
K H N I J, there is a little square hole, in which 
the gnomon or pointer must have been fixed, and a 
trace of it is still visible in the lead by means of 
which it was fixed. It must have stood in a per- 
pendicular position upon the surface A B R 0, and 
at a certain distance from the surface it must have 
turned in a right angle above the spheric excava- 
tion, so that its end (C) extended as far as the mid- 
dle of the equator, as it is restored in the above 
woodcut. Vid. the description of another solarium 
in G. H. Martini's Antiquorum Monirncntorum Syl- 
loge, p. 95, &c. 

Clepsydras were used by the Romans in their 
camps, chiefly for the purpose of measuring accu- 
rately the four vigiliae into which the night was di- 
vided. 3 

The custom of using clepsydra? as a check upon 
the speakers in the courts of justice at Rome, was 
introduced by a law of Cn. Pompeius, in his third 
consulship. 4 Before that time the speakers had 
been under no restrictions, but spoke as long as they 
deemed proper. At Rome, as at Athens, the time 
allowed to the speakers depended upon the impor- 
tance of the case. Pliny 5 states that on one impor- 
tant occasion he spoke for nearly five hours ; ten 
large clepsydrae had been granted to him by the ju- 
dices, but the case was so important that four oth- 
ers were added. 6 Pompeius, in his law, is said to 
have limited the time during which the accuser was 
allowed to speak to two hours, while the accused 
was allowed three hours. 7 This, however, as is 

!. (Vitruv., 1. e.)— 2. (Vitruv.)— 3. (Caes., De Bell. Gall., v., 

IS.— Veget., De Re Mil., iii., 8. — J£n. Tact., c. 22.) — 4. (Ta- 

'.it., De Clar Orat., 38.) — 5. (Epist., ii., 11.)— 6. (Compare 

t*lin., Epist., vi., 2.— Martial, vi., 35.— Id., viii., 7.)— 7. (Ascon. 

•i M Jon., p. 37, c 1. Orelli.) 

513 



clear from the case of Pliny and others, was not 
observed on all occasions, and we must suppose 
that it was merely the intention of Pompeius to fix 
the proportions of the time to be allowed to each 
party, that is, that in all cases the accuser shoul J 
only have two thirds of the time allowed to the ac- 
cused. This supposition is supported by a case men- 
tioned by Pliny, 1 where, according to law (e lege), 
the accuser had six hours, while the accused had 
nine. An especial officer was at Rome, as well as 
at Athens, appointed to stop the clepsydra during the 
time when documents were read. 2 

HORREA'RII. (Vid. Horreum.) 

HORREUM (upslov, cirotyvlaiceiov, u-Kodr/Kri) was, 
according to its etymological signification, a place 
in which ripe fruits, and especially corn, were kept, 
and thus answered to our granary. 3 During the 
Empire, the name horreum w r as given to any place 
destined for the safe preservation of things of any 
kind. Thus we find it applied to a place in which 
beautiful works of art were kept ;* to cellars (horrea 
subterranea, horrea vinaria 6 ) ; to depots for merchan- 
dise, and all sorts of provisions (horreum penari- 
um 6 ). Seneca 7 even calls his library a horreum. 
But the more general application of the word hor- 
reum was to places for keeping fruit and corn ; and, 
as some kinds of fruit required to be kept more dry 
than others, the ancients had, besides the horrea 
subterranea, or cellars, two other kinds, one of 
which was built, like every other house, upon the 
ground; but others (horrea pensilia or sublimia) 
were erected above the ground, and rested upon 
posts or stone pillars, that the fruits kept in them 
might remain dry. 8 

From about the year 140 A.D., Rome possessed 
two kinds of public horrea. The one class consist- 
ed of buildings in which the Romans might depos- 
ite their goods, and even their money, securities, 
and other valuables, 9 for which they had no safe 
place in their own houses. This kind of public 
horrea is mentioned as early as the time of Antoni- 
nus Pius, 10 though Lampridius 11 assigns their insti- 
tution to Alexander Severus. 12 The officers who 
had the superintendence of these establishments 
were called horrearii. The second and more im- 
portant class of horrea, which may be termed pub- 
lic granaries, were buildings in which a plentiful 
supply of corn was constantly kept at the expense 
of the state, and from which, in seasons of scarcity, 
the corn was distributed among the poor, or sold at 
a moderate price. The first idea of building such a 
public granary arose with C. Sempronius Gracchus 
(lex Sempronia frumentaria) ; and the ruins of the 
great granary (horrea populi Romani) which he built 
were seen down to the sixteenth century I etween 
the Aventine and the Monte Testaceo. 13 

The plan of C. Gracchus was followed out and 
carried farther by Clodius, Pompey, and several of 
the emperors ; and during the Empire we thus find 
a great number of public horrea which w r ere called 
after the names of their founders, e. g., horrea Ani- 
ceti, Vargunteii, Seiani, Augusti, Domitiani, &c. 
The manner in which corn from these granaries 
was given to the people differed at different times. 14 

HORTE'NSIA LEX. (Vid. Plebiscite.) 

HORTUS (kt/ttoc), Garden. 

I. Greek Gardens. — Our knowledge of the hor- 



1. (Epist., iv., 9.) — 2. (Apul., Apolog., i. and ii. — Compare 
Ernesti, " De Solariis," in his Opuscul. Philolog. et Ciit., p. 21- 
31. — Becker, Gallus, i., p. 186, &c.) — 3. (Virg., Georg., i., 49. 
— Tibull., II., v., 84. — Horat., Carra., I., i., 7. — Cic, De Leg. 
Agr., ii., 33.)~4. (Plin-, Epist.. viii., 18.)— 5. (Dig. 18, tit. 1, s. 
76.)— 6. (Dig. 30, tit. 9. s. 3.)— 7. (Epist., 45.)— 8. (Colum., xii., 
50.— Id., i., 6.— Vitruv., vi., 6, 4.) — 9. (Cod. 4, tit. 24, s. 9.)— 
10. (Dig. 1, tit. 15, s. 3.)— 11. (Alex. Sev., c.39.)— 12. (Compare 
Dig. 10, tit. 4, s. 5.)— 13. (Appian, De Bell. Civ., i., 21.— Plut.. 
C. Gracch., 5.-Liv.. Epit., 60.— Veil. Paterc, ii., 6.— Cic., Pr 
Sext., 24.)— 14. (Walter, Gesch. des Rom. Rechts. p. 247.) 



HORTTTS. 



HOSPITIUM. 



ticulture of the Greeks is very limited. We must 
uot look for information respecting their gardens to 
the accounts which we find in Greek writers of the 
gardens of Alcinoiis, rilled with all manner of trees, 
and fruit, and flowers, and adorned with fountains, 1 
or of those of the Hesperides, 2 or of the paradises 
of the Persian satraps, which resembled our parks ; 3 
for the former gardens are only imaginary, and the 
manner in which the paradises are spoken of by 
Greek writers shows that they were not familiar 
with anything of the kind in their own country. In 
fact, the Greeks seem to have had no great taste 
for landscape beauties, and the small number of 
flowers with which they were acquainted atforded 
* but little inducement to ornamental horticulture. 

The sacred groves were cultivated with special 
care. They contained ornamental and odoriferous 
plants and fruit-trees, particularly olives and vines.* 
Sometimes they were without fruit-trees. 5 

The only passage in the earlier Greek writers, in 
which flower-gardens appear to be mentioned, is one 
n Aristophanes, who speaks of ktjitovc evudetc. 6 At 
Athens the flowers most cultivated were probably 
those used for making garlands, such as violets and 
roses. In the time of the Ptolemies the art of gar- 
dening seems to have advanced in the favourable 
climate of Egypt, so far that a succession of flowers 
was obtained all the year round. 7 Longus 8 de- 
scribes a garden containing every production of 
each season ; " in spring, roses, lilies, hyacinths, 
and violets ; in summer, poppies, wild pears (u^p«- 
fof), and all fruit ; in autumn, vines and figs, and 
pomegranates and myrtles." That the Greek idea 
of horticultural beauty was not quite the same as 
ours, may be inferred from a passage in Plutarch, 
where he speaks of the practice of setting off the 
beauties of roses and violets by planting them side 
by side with leeks and onions. 9 Becker considers 
this passage a proof that flowers were cultivated 
more to be used for garlands than to beautify the 
garden. 10 

II. Roman Gardens. — The Romans, like the 
Greeks, laboured under the disadvantage of a very 
limited flora. This disadvantage they endeavoured 
to overcome, by arranging the materials they did 
possess in such a way as to produce a striking ef- 
fect. We have a very full description of a Roman 
garden in a letter of the younger Pliny, in which he 
describes his Tuscan villa. 11 In front of the porti- 
cus there was generally a xystus, or flat piece of 
ground, divided into flower-beds of different shapes 
by borders of box. There were also such flower- 
beds in other parts of the garden. Sometimes they 
were raised so as to form terraces, and their slo- 
ping sides planted with evergreens or creepers. 
The most striking features of a Roman garden 
■were lines of large trees, among which the plane 
appears to have been a great favourite, planted in 
regular order ; alleys or walks (ambulationes) form- 
ed by closely-clipped hedges of box, yew, cypress, 
and other evergreens ; beds of acanthus, rows of 
fruit-trees, especially of vines, with statues, pyra- 
mids, fountains, and summer-houses (diata). The 
trunks of the trees and the parts of the house, or 
any other buildings which were visible from the 
garden, were often covered with ivy. 12 In one re- 
spect the Roman taste differed most materially 
from that of the present day, namely, in their fond- 
ness for the ars topiaria, which consisted in tying, 



I. (Od., vii., 112-130.)— 2. (Hesiod, Theog., 25.)— 3. (Xen., 
Anab., i., 2, t> 7.— Id., GEcon., iv., 26, 27.— Plut., Alcib., 24.)— 
4. (Soph., (Ed. Col., 10.— Xen., Anab., v., 3, $ 12.)— 5. (Paus., 
i., 21, $9.)— 6. (Aves, 1066.)— 7. (Callixenus ap. Atben, v., p. 
Jt«.)— 8. (Past., ii., p. 36.)— 9. (Plutarch, " De capienda ex in- 
u ucis militate," c. 10.)— 10. (Becker, Charikles, ii., n 403^05.) 
~ 11- (Plm., Epist , v., 6.)— 12. 'Plisu I z — Cic ad Quint Fr., 

, J, 2. l 



twisting, or cutting trees and shrubs (especially trie 
box) into the figures of animals, ships, letteis, &c. 
The importance attached to this part of horticulture 
is proved, not only by the description of Pliny, and 
the notices of other writers, 1 but also by the fact 
that topiarius is the only name used in good Latin 
writers for the ornamental gardener. Cicero 2 men- 
tions the topiarius among the higher class of slaves. 

Attached to the garden were places for exercise, 
the gestatio and hippodromus. The gestatio was a 
sort of avenue, shaded by trees, for the purpose of 
taking gentle exercise, such as riding in a litter.' 
The hippodromus (not, as one reading gives the word 
in Pliny, hypodromus) was a place for running or 
horse exercise, in the form of a circus, consisting 
of several paths divided by hedges of box, orna- 
mented with topiarian work, and surrounded by 
large trees.* 

The flowers which the Romans possessed, though 
few in comparison with the species known to us, 
were more numerous than some writers have rep- 
resented ; but the subject still requires investiga- 
tion. Their principal garden-flowers seem to have 
been violets and roses, and they also had the cro- 
cus, narcissus, lily, gladiolus, iris, poppy, amaranth, 
and others. 

Conservatories and hot-houses are not mentioned 
by any writer earlier than the first century of our 
aera. They are frequently referred to by Martial. 4 
They were used both to preserve foreign plants, and 
to produce flowers and fruit out of season. Colu- 
mella 6 and Pliny 7 speak of forcing-houses for grapes, 
melons, &c. In every garden there was a space 
set apart for vegetables (olera). 

Flowers and plants were also kept in the central 
space of the peristyle (vid. House), on the roofs, 
and in the windows of the houses. Sometimes, in 
a town, where the garden was very small, its walls 
were painted in imitation of a real garden, with 
trees, fountains, birds, &c, and the small area was 
ornamented with flowers in vases. A beautiful ex- 
ample of such a garden was: found at Pompeii. 8 

An ornamental garden was also called viridari- 
urn, 9 and the gardener topiarius or viridarius. The 
common name for a gardener is villicus or cultoi 
hortorum. We find, also, the special names vinitor., 
olitor. The word hortulanus is only of late forma- 
tion. The aquarius had charge of the fountains 
both in the garden and in the house. 10 

HOSPES. ( Vid. Hospitium.) 

HOSPITIUM (£«/«*, npoSevia). Hospitality is 
one of the characteristic features cf almost all na- 
tions previous to their attaining a certain degree of 
civilization. In civilized countries the necessity of 
general hospitality is not so much felt ; but at a 
time when the state or the laws of nations afforded 
scarcely any security, and when the traveller on his 
journey did not meet with any places destined for 
his reception and accommodation, the exercise of 
hospitality was absolutely necessary. Among the 
nations of antiquity, with whom the right of hospi- 
tality was hallowed by religion, it was, to some de- 
gree, observed to the latest period of their exist- 
ence, and acquired a political importance which it 
has never had in any other state. It was in Greece, 
as well as at Rome, of a twofold nature, either pri- 
vate or public, in as far as it was either established 
between individuals or between two states (Hos- 
pitium privatum and hospitium publicum, Zevia aaJ 
rrpo^evia). 



1. (Plin., H. N., xvi., 33, 60.— Id. ib., xri., 11, 39.— Id. ih. 
xxii., 22, 34.— Martial, iii., 19.)— 2. (Paradox., v., 2.)— 3. (riin., 
Epist., v., 6.— Id. ib., ii., 17.)— 4. (Plin., 1. c— Martial, xii , 50. 
—Id., lvii., 23.)— 5. (viii., 14, 68.— Id., iv., 2r\ 5.— Id., xiii , 127.) 
—6. (xi., 3, 52.)— 7. (H. N., xix., 5, 23.)— 8. (Gell's Porv;*iana, 
ii., 4.)— 9. (Dig. 33, tit. 7, s. 8.)— 10. (.Becker, Gallus, i„ p. 28a 
Ac. — Bdttiger, Racemationen zur Garten-kunst der Alten.) 

5' ! 



ROSFiliUM. 



HOSPITIUM 



fn ancient Greece, the stranger, as such (£evof 
and hostis), was looked upon as an enemy ; l but 
whenever he appeared among another tribe or na- 
tion without any sign of hostile intentions, he was 
considered not only as one who required aid, but 
as a suppliant, and Zeus was the protecting deity 
&f strangers and suppliants (Zsvg l-eiviog and ikst^- 
otog*). This religious feeling was strengthened by 
the belief that the stranger might possibly be a god 
tn disguise. 3 On his arrival, therefore, the stran- 
ger, of whatever station in life he might be, was 
kindly received, and provided with everything ne- 
cessary to make him comfortable, and to satisfy his 
immediate wants. The host did not inquire who 
the stranger was, or what had led him to his house, 
until the duties of hospitality were fulfilled. During 
his stay, it was a sacred duty of his host to protect 
him against any persecution, even if he belonged to 
a politically hostile race, so that the host's house 
was a perfect asylum to him. On his departure he 
was dismissed with presents and good wishes.* It 
seems to have been customary for the host, on the 
departure of the stranger, to break a die (uarpuya- 
2,og) in two, one half of which he himself retained, 
while the other half was given to the stranger ; and 
when at any future time they or their descendants 
met, they had a means of recognising each other, 
and the hospitable connexion was renewed. 5 Hos- 
pitality thus not only existed between the persons 
who had originally formed it, but was transferred 
as an inheritance from father to son. To violate 
the laws of hospitality was a great crime and an 
impiety, and was punished by men as well as gods 
(dtKai KaKo^evlag 6 ). Instances of such hereditary 
connexions of hospitality are mentioned down to a 
very late period of Greek history ; and many towns, 
such as Athens, Corinth, Byzantium, Phasis, and 
others, were celebrated for the hospitable character 
of their citizens. 7 But, when a more regular and 
frequent intercourse among the Greeks began to be 
established, it was impossible to receive all these 
strangers in private houses. This naturally led to 
the establishment of inns (TravdoneZov, Karayuytov, 
KaraXvaig), in which such strangers as had no hos- 
pitable connexions found accommodation. For those 
occasions, on which numerous visiters flocked to a 
particular place for the purpose of celebrating one 
of the great or national festivals, the state or the 
temple provided for the accommodation of the visit- 
ers, either in tents or temporary inns erected about 
the temple. 8 The kind of hospitality which was 
exercised by private individuals on such festive oc- 
casions probably differed very little from that which 
is customary among ourselves, and was chiefly 
shown towards friends or persons of distinction and 
merit, whose presence was an honour to the house 
wherein they stayed. 9 In the houses of the wealth- 
ier Greeks a separate part (hospitium or hospitalia, 
and tjevuveg ), with a separate entrance, was destined 
for the reception and habitation of strangers, and 
was provided with all the necessary comforts for 
the temporary occupants. On the first day after 
their arrival they were generally invited to the ta- 
ble of their host ; but afterward their provisions 
(fjevia), consisting of fowl, eggs, and fruit, were ei- 
ther sent to them, or they had to purchase them 
themselves. 10 _ 

~~1. (Cic, DeTOff., i., 12.— Herod., ix., 11.— Plut., Aristid., 10.) 
—2. (Horn., Od., xiv., 57, &c, 283.— Id. ib., ix., 270.— Id. ib., 
*iii., 213. — Id. ib., vii., 164. — Compare Apollon., Argonaut., ii., 
UM.— Milan, V. H., iv., 1.)— 3. (Od., xvii., 484.)— 4. (Od., iv., 
27, &c, with Nitsch's note.)— 5. (Schol. ad Eurip., Med., 613.)— 
9. (^Elian, 1. c— Paus., vii., 25.)— 7. (Herod., vi., 35.— Thucyd., 
ii., 13. — Plato, Crito, p. 45, C. — Stobaeus, Florileg., tit. xliv., 40, 
&c.)— 8. (.Elian, V. II., iv., 9.— Schol. ad Pind., Ol., xi., 51 and 
V>. — Compare Plato, De Leg., xii., p. 952. — Lucian, Amor., 12. 
-Thucyd., iii., 68.)— 9. (Xen., (Econ., 2, 5.— Plato, Protag., p. 
315 —Becker, Charikles, i., p. 134, &c.)— 10. (Vitruv., vi., 7, 4. 
— A pul , Metam., ii., p 19.) 

an 



Whit has been said hitherto only refers to bos* 
pitium privatum, that is, the hospitality existing be* 
tween two individuals or families of different states. 
Of far greater importance, however, was the hos- 
pitium publicum (irpotjevia, sometimes simply i-evia), 
or public hospitality which existed between two 
states, or between an individual or a family on the 
one hand, and a whole state on the other. Of the 
latter kind of public hospitality many instances are. 
recorded, such as that between the Pisistratids and 
Sparta, in which the people of Athens had no share. 
The hospitium publicum among the Greeks arose 
undoubtedly from the hospitium privatum, and it 
may have originated in two ways. When the Greek 
tribes were governed by chieftains or kings, the pri- 
vate hospitality existing between the ruling families 
of two tribes may have produced similar relations 
between their subjects, which, after the abolition oi 
the kingly power, continued to exist between the 
new republics as a kind of political inheritance of 
former times. Or a person belonging to one state 
might have either extensive connexions with the 
citizens of another state, or entertain great partiali- 
ty for the other state itself, and thus Offer to receive 
all those who came from that state either on pri- 
vate or public business, and act as their patron in 
his own city. This he at first did merely as a pri- 
vate individual, but the state to which he offered 
this kind service would naturally soon recognise 
and reward him for it. When two states establish- 
ed public hospitality, and no individuals came for- 
ward to act as the representatives of their state, it 
was necessary that in each state persons should be 
appointed to show hospitality to, and watch over 
the interests of, all persons who came from the 
state connected by hospitality. The persons wh.9 
were appointed to this office as the recognised 
agents of the state for which they acted were call- 
ed rrpo^evot, but those who undertook it voluntarily 
kdeTioivpoS-Evoi} 

The office of proxenus, which bears great resem- 
blance to that of a modern consul or minister-resi- 
dent, was in some cases hereditary in a particular 
family. When a state appointed a proxenus, it 
either sent out one of its own citizens to reside in 
the other state, or it selected one of the citizens of 
this state, and conferred upon him the honour of 
proxenus. The former was, in early times the 
custom of Sparta, where the kings had the right to 
select from among the Spartan citizens those whom 
they wished to send out as proxeni to other states 9 
But in subsequent times this custom seems to have 
been given up, for we find that at Athens the family 
of Callias were the proxeni of Sparta ; 3 at Elis, the 
Elean Xenias ;* and at Argos, the Argive Alciphron. 8 
A Spartan sent out as proxenus was sometimes 
also intrusted with the power of harmostes, as Cle- 
archus at Byzantium. 6 

The custom of conferring the honour of proxenus 
upon a citizen of the state with which public hospi- 
tality existed, seems in later times to have been 
universally adopted by the Greeks. Thus we find, 
besides the instances of Spartan proxeni mentioned 
above, Nicias the Athenian as proxenus of Syracuse 
at Athens, 7 and Arthmius of Zeleia as the proxenus 
of Athens at Zeleia. 8 The common mode of ap- 
pointing a proxenus was, with the exception of 
Sparta, by show of hands. 9 The principal duties 
of a proxenus were to receive those persons, espe- 
cially ambassadors, who came from the state which 

1. (Pollux, Onom., iii., 59.— Compare Thucyd., ii., 29, wit b 
Arnold's note, and iii., 70, with Goller's.) — 2. (Herod., vi., 57.)- • 
3. (Xen., Hellen., v., 4, t> 22. — Id. ib., vi., 3, ) 4, &c.) — 4 
(Paus., iii., 8, 4 2.)-5. (Thucyd., v., 59.)— 6. (Xen., HoII . :., 
1, t) 35.- Id. ib., i., 3, $ 15.)— 7. (Diod. Sic, xiii., 27.)— 8. (J£s- 
chin , <*. Ctes., p. 647. — Compare Plato, De Leg., i., p. €*?..- 
9. (TT)pu"> ad Demoath., c. Meid., p. 374 ) 



tiUSPITIUM. 



HOUSE 



he represented ; to procure lor them admission to 
the assembly, and seats in the theatre ; l to act 
as the patron of the strangers, and to mediate be- 
tween the two states if any disputes arose." If a 
stranger died in the state, the proxenus of his coun- 
tiy had to take care of the property of the deceased. 3 

Regarding the honours and privileges which a 
oroxenus enjoyed from the state which he repre- 
Bented, the various Greek states followed different 
principles : some honoured their proxenus with the 
full civic franchise, and other distinctions besides.* 
But the right of acquiring property in the state of 
which he thus became a citizen seems not to have 
been included in his privileges, for we find that 
where this right was granted it was done by an es- 
pecial document. 6 A foreigner who was appointed 
in his own country as proxenus of Athens, enjoyed 
for his own person the right of hospitality at Athens 
whenever he visited this city, and all the other 
privileges that a foreigner could possess without 
becoming a real Athenian citizen. Among these 
privileges, though they were not necessarily inclu- 
ded in the proxeny, but were granted by special 
decrees, we may mention the, 1. 'Emyafiia, which, 
in cases when it was granted by the more powerful 
state, generally became mutual; 6 2. The right to 
acquire property at Athens (lyKTTjais, Efnraac^, iir- 
naoLs) ; 3. The exemption from paying taxes (dr£- 
?^eia or artKtia a-rtavTuv) ; 7 and, 4. Inviolability in 
times of peace and war, both by sea and by land. 8 
Some of these privileges were granted to individu- 
als as well as to whole states ; but we have no 
instance of a whole state having received all of 
them, with the exception of those cases where the 
civic franchise or isopolity was granted to a whole 
state ; and in this case the practical consequences 
could not become manifest, unless a citizen of the 
privileged state actually took up his residence at 
Athens.' 

The hospitality of the Romans was, as in Greece, 
either hospitium privatum or publicum. Private 
hospitality with the Romans, however, seems to 
have been more accurately and legally defined than 
in Greece. The character of a hospes, i. e., a person 
jonnected with a Roman by ties of hospitality, was 
deemed even more sacred, and to have greater 
claims upon the host, than that of a person connect- 
ed by blood or affinity. The relation of a hospes to 
his Roman friend was next in importance to that 
of a cliens. 10 According to MassUrius Sabinus, 11 a 
hospes has even higher claims than a cliens. The 
obligations which the connexion of hospitality with 
a foreigner imposed upon a Roman were, to receive 
in his house his hospes when travelling, 1 * and to 
protect, and, in case of need, to represent him as 
his patron in the courts of justice. 13 Private hospi- 
tality thus gave to the hospes the claims upr n his 
host which the client had on his patron, but with- 
out any degree of the dependance implied in the 
clientela. Private hospitality was established be- 
tween individuals by mutual presents, or by the 
mediation of a third person, 1 * and hallowed by reli- 
gion ; for Jupiter hospitalis was thought to watch 
over the jus hospitii, as Zeus xenios did with the 
Greeks ; 14 and the violation of it was as great a 
crime and impiety at Rome as in Greece. When 

1. (Pollux, 1. c.)— 2. (Xen., Hell., vi., 3, t> 4.)— 3. (Demosth., 
c. Callip., p. 1237, <fcc)— 4. (Bockh, Corp. Inscrip., n. 1691-93, 
and ii., p. 79. — Demosth., De Cor., p. 256. — Xen., Hellen., i., 1, 
* 26.)— 5. (BOckh, Staatsh., i., p. 155.)— 6. (Planner's Process, 
ii., p. 73.— Xen., Hellen., v., 2, $ 19.)— 7. (Demosth., c. Leptin., 

?• 475. — Compare p. 497.) — 8. (Bockh, Corp. Inscrip., i., p. 
25.)— 9. (Compare F. W. Ullrich, "De Proxenia," Berlin, 
1822.— Wachsmuth, Hellen. Alterthum., i., 1, p. 121, dec- 
Hermann, Polit. Ant., t> 116.)— 10. (Gellius, v., 13.)— 11. (ap. 
Gell., 1. c.)— 12. (Liv., xlii., 1.)— 13. (Cic. in Q. Ciecil. Divin., 
c 20.) -14. (Serv. ad JEn., ix., 360.)— 15. (Cic, c Verr.. iv., 
W —In id Quint. Fr., ii., 12.— Id., Pro Deiot., 6 > 
T T t 



hospitality was formed, the two friends used to 
divide between themselves a tessera hospitalis, 1 by 
which, afterward, they themselves or their descend- 
ants — for the connexion was hereditary, as in Greece 
— might recognise one another. From an expres- 
sion in Plautus (deum hospitalem ac tesseram meeum 
fero*), it has been concluded that this tessera bore 
the image of Jupiter hospitalis. Hospitality, when 
thus once established, could not be dissolved except 
by a formal declaration (rcnuntiatio 3 ), and in this 
case the tessera hospitalis was broken to pieces * 
Hospitality was at Rome never exercised in that 
indiscriminate manner as in the heroic age of 
Greece, but the custom of observing the laws of 
hospitality was probably common to all the nations 
of Italy. 6 In many cases it wes exercised without 
any formal agreement between vhe parties, and it 
was deemed an honourable duty to receive distin- 
guished guests into the house. 6 

Public hospitality seems likewise tt? bave existed 
at a very early period among the nation3 of Italy, 
and the fcedus hospitii mentioned in Livy 7 cai* 
scarcely be looked upon in any other light than that 
of hospitium publicum. But the first direct men- 
tion of public hospitality being established between 
Rome and another city, is after the Gauls had de- 
parted from Rome, when it was decreed that Caer€ 
should be rewarded for its good services by the es- 
tablishment of public hospitality between the two 
cities. 6 The public hospitality after the war with 
the Gauls gave to the Cserites the right of isopolity 
with Rome, that is, the civitas without the suffra- 
gium and the honores. (Vid. Colonia, p. 283.) In 
the later times of the Republic, we no longer find 
public hospitality established between Rome and a 
foreign state ; but a relation which amounted to the 
same thing was introduced in its stead, that is, 
towns were raised to the rank of municipia, 9 and 
thus obtained the civitas without the suffragium 
and the honores ; and when a town was desirous 
of forming a similar relation with Rome, it entered 
into clientela to some distinguished Roman, who 
then acted as patron of the client town. But the 
custom of granting the honour of hospes publicus to 
a distinguished foreigner by a decree of the senate 
seems to have existed down to the end of the Repub- 
lic. 10 Whether such a public hospes undertook the 
same duties towards Roman citizens, as the Greek 
proxenus, is uncertain ; but his privileges were the 
same as those of a municeps, that is, he had the 
civitas, but not the suffragium or the honores. Public 
hospitality was, like the hospitium privatum, hered- 
itary in the family of the person to whom it had 
been granted. 1 *- The honour of public hospes was 
sometimes also conferred upon a distinguished Ro- 
man by a foreign state. 13 

HOSTIA. (Vid. Sacrificium.) 

HOSTIS. (Vid. Hospitium.) 

HOUSE (GREEK), (olnog). The scanty, notices 
of the domestic, or, rather, the palaiial architecture 
of the early Greeks, which we find in Homer, are 
insufficient to give an accurate notion of the names, 
uses, and arrangement of the apartments, which 
appear, however, to have differed considerably from 
the usages of later ages. We first gain precise in- 
formation on the subject about the time of the lel- 
oponnesian war ; and from the allusions made by 
Greek writers to the houses of this and the imme- 
diately subse quent periods, till the time of Alexan- 

1. (Plaut.,Poen.,v.,2,87.)— 2. (Pcen.,v., 1,25.)— 3: (Liv., xxv., 
18.— Cic, c Verr., ii., 36.)— 4. (Plaut., Cistell., ii., 1, 27.)— 5. 
(^lian, V. H., iv., 1.— Liv., i., 1.)— 6. (Cic, De Off., ii., r&.- 
Id., Pro Rose Am., 6.)— 7. (i., 9.)— 8. (Liv., v., 50.)— 9. (Liv 
viii., 14.1—10. (Liv., i., 45.— Id., v., 28.— Id., xxuvii., 54.)— 11 
(Diod. Sic, xiv., 93.) — 12. (Bockh, Corp. Inscrip., i.,n. 1331.— 
Cic, Pro Balb., 18. — Cic, c Verr., iv., 65. — Compare Niebuhr, 
Hist, of Rome, ii., p. 58. — Walter, Gesch. des Rom. Rechts, p 
54, &c— Gbttline. Gesch. der Rom. Staatsr., p. 216, «fcc) 

51.1 



fiOUSE. 



m/uS£. 



oer, we may conclude that their general arrangement 
corresponded with that described by Vitruvius. 1 In 
this description, however, there is one considerable 
difficulty, among others of less importance. In a 
Greek family the women lived in private apartments 
allotted to their exclusive use. Hence the house 
was always divided into two distinct portions, 
namely, the Andronitis, or men's apartments (dvdpu- 
vlng), and the Gynasconitis, or women's apartments 
tyvvaiKuviTig). Now Vitruvius, after describing the 
entrance to the house, goes on to the Gynseconitis, 
and then speaks of the Andronitis, as if the latter 
lay behind the former, an arrangement which is 
highly improbable from all we know of the careful 
seclusion in which the Greek women were kept, 
and which is also directly opposed to the accounts 
of the writers of the period we have referred to. 

In the earliest times, as in the houses referred to 
by Homer, the women's apartments were in the 
upper story {yirep&ov). The same arrangement is 
found in the house spoken of by Lysias. 3 But it 
does not follow that that was the usual custom at 
this period. On the contrary, we have the express 
testimony of several writers, and Lysias himself 
among the rest, that the Gynseconitis was on the 
same story with the Andronitis, and behind it ; 3 
and even the tragic poets transfer to the heroie 
ages the practice of their own, and describe both 
sets of apartments as on the same floor.* 

Becker 5 notices the different explanations which 
have been given of the inconsistency between these 
statements and the description of Vitruvius, the 
most plausible of which is that of Galiani, namely, 
that in the time of Vitruvius a slight change had 
taken place in the disposition of the apartments, by 
which the Andronitis and Gynseconitis were placed 
side by side, each of them having its own front to- 
wards the street, and its own entrance. 

The front of the house towards the street was 
not large, as the apartments extended rather in the 
direction of its depth than of its width. In towns, 
the houses were often built side by side, with party 
walls between. 6 The exterior wall was plain, being 
composed generally of stone, brick, and timber, 7 and 
often covered with stucco. 8 Plutarch speaks of 
Phocion's house as being ornamented with plates 
of iron. 9 

That there was no open space between the street 
and the house door, like the Roman vestibulum, is 
plain from the law of Hippias, which laid a tax on 
house-doors opening outward, because they en- 
croached upon the street. 10 The Ttpodvpa, which is 
sometimes mentioned, 11 seems to be merely the 
space in front of the house. We learn, however, 
from the same law of Hippias, that houses some- 
times stood back from the street, within enclosures 
of their own (7rpo(j>pdy/j.a.Ta or dpvcpaK-Toi 12 ). In front 
of the house was generally an altar of Apollo Agyi- 
■eus, or a rude obelisk emblematical of the god. 
Sometimes there was a bay-tree in the same po- 
sition, and sometimes a head of the god Hermes. 13 

A few steps (dvaSad/xot) led up to the house-door, 
which generally bore some inscription, for the sake 
of a good omen or as a charm, such as Eloodog 
KpaTtjTt 'Ayadti Aaip,ovi. l4: The form and fastenings 
of the door are described under Janua. This door, 
as we have seen, sometimes opened outward ; but 

1. (vi., 7, ed. Schneider.) — 2. (De Caede Eratosth., p. 12, 13. 
•-Compare Aristoph., Eccles., 961, and Thesmoph., 482.) — 3. 
j'Lyeias, c. Simon., p. 139. — Demosth., c. Euerg., p. 1155. — 
Xen., (Econ., ii., 5. — Antiph., De Venef., p. 611.)— 4. (Soph., 
«Ed. Tyr., 1241-1262.)— 5. (Chankles, p. 184-5.)— 6. (Thucyd., 
:i., 3.) — 7. (Xen., Mem., iii., 1, t) 7. — Demosth., Tlepi Sui/raij., 
p. 175.)— 8. <Plutarch, Comp. Aristot. et Cat., 4.)— 9. (Plut., 
Phoc, 18..)— 10. (Aristot., (Econ., ii., 1347, ed. Bekker.)— 11. 
(Herod., vi., 35.)— 12. (Heracl. Pont., Polit., 1.)— 13. (Thucyd., 
«-i., 27.— Aristoph., Plut., 1153.)— 14. (Plutarch, Frag. Vit. Crat. 
— Di©£. Laert.., vi , 50.,) 
514 



this seems to have been an exception to the general 
rule, as is proved by the expressions used for open- 
ing, hdovvai, and shutting it, eKiandaaadai and 
tyehnvcaodai. 1 The handles were called kmaiTaO' 
Tjjpeg. 

The house-door was called avleiog or avXeta 
■&vpa, 2 because it led to the avX-fj. It gave admit- 
tance to a narrow passage {dvpapeZov, ttvXuv, dvpuv), 
on one side of which, in a large house, were the 
stables, on the other the porter's lodge. The duty 
of the porter (dvpupog ) was to admit visiters, and to 
prevent anything improper from being carried into 
or out of the house. 3 Plato 4 gives a lively picture 
of an officious porter. The porter was attended by 
a dog. 5 Hence the phrase evlaBetodac ttjv kvvc* 
corresponding to the Latin Cave canem. 

At the farther end of the passage Vitruvius places 
another door, which, however, does not seem gren 
erally to have existed. Plutarch 7 mentions the 
house-door as being visible from the peristyle. 

From the -Svpuptiov we pass into the peristyle or 
court (TrepiarvXtov, avlrj) of the Andronitis, which 
was a space open to the sky in the centre (Dkcu- 
dpov), and surrounded on all four sides by porticoes 
(aroal), of which one, probably that nearest the en- 
trance, was called npoardov. 8 These porticoes were 
used for exercise, and sometimes for dining in. 9 
Here was commonly the altar on which sacrifices 
were offered to the household gods, but frequently 
portable altars were used for this purpose. 18 Vitru- 
vius 11 says that the porticoes of the peristyle were of 
equal height, or else the one facing the south was 
built with loftier columns. This he calls a Rhodian 
peristyle. The object sought was to obtain as 
much sun in winter, and as much shade and air in 
summer, as possible. 13 

Round the peristyle were arranged the chambers 
used by the men, such as banqueting-rooms (ohoi. 
dvSpuvsg), which were large enough to contain sev- 
eral sets of couches (rpUXivoi, e-ktukXivol, Tptanov' 
TaKkivoi), and at the same time to allow abundant 
room for attendants, musicians, and performers of 
games ; 13 parlours or sitting-rooms (e&dpcu), and 
smaller chambers and sleeping-rooms (du/xdrta, kol- 
tuvec, oifC7)/j.ara) ; picture-galleries and libraries, and 
sometimes store-rooms; and in the arrangement 
of these apartments, attention was paid to their as- 
pect. 14 

The peristyle of the Andronitis was connected 
with that of the Gynseconitis by a door called y.e- 
ravTiog, fieaavXog, or fieoavhiog, which was in the 
middle of the portico of the peristyle opposite to the 
entrance. Vitruvius applies the name iiiaavlog to 
a passage between the two peristyles, in which was 
the fzeaavXog dvpa. By means of this door, all com- 
munication between the Andronitis and Gynasconi- 
tis could be shut off. Its uses are mentioned by 
Xenophon, who calls it -&vpa ftaXavuTog. 15 Its name, 
uecravAog, is evidently derived from /aiaog, and means 
the door between the two avlal or peristyles. 16 The 
other name, fieravXog, is taken by some writers as 
merely the Attic form of jueaavXog. 17 But it should 
rather be derived from /nerd, as being the door be- 

1. (Plutarch, Pelop., 11.— Dio, 57.)— 2. (Pind., Nem., i., !».— 
Harpocr., s. v. — Eustath. ad II., xxii., 66.) — 3. (Aristot., (Econ., 
i., 6.) — 4. (Protag., p. 314.)— 5. (Apollod. ap. Athen., i., p. 3.— 
Theocr., xv., 43.— Aristoph., Thesm., 416.— Id., Equit., 1025.)- 
6. (Aristoph., Lysistr., 1215.)— 7. (De Gen. Socr., c. 18.)— 8, 
(Plato, Protag., p. 314, 315.)— 9. (Pollux, Onom., i., 78.— Plato, 
Symp., p. 212.— Id., Protag., p. 311.— Plutarch, De Gen. Soci., 
32.)— 10. (Plato, De Repub., i., p. 328.)— 11. (1. c.)— 12. (Xen., 
(Econ., ix., 4.— Id., Mem., iii., 8, t) 9.— Aristot., (Econ., i., 6.)— 
13. (Vitruv., 1. c— Xen., Symp., i., 4, ') 13.— Plutarch, Symp., 
v., 5, l) 2.— Aristoph., Eccles., 676.)— 14. (Vitruv., 1. c— Lysias, 
De Cade Eratosth., p. 28.— Id., c. Eratosth., p. 339.— Aristoph. , 
Eccles., 8, 14.— Pollux, Onom., i., 79.— Plato, Protag., p. 314, 
316.)— 15. (CEcon.,ix., 5.— Compare Plut., Arat., 26.)— 16. (Sui- 
das, s. v. Mtvavhiov— JE\. Dion. ap. Eustath. ad II., xi., 547 — 
Schol. Apoll. Rhod., iii., 335.)— 17. (Moer. Att.. p. 284.) 



HOUSE. 



HOUSE. 



kind or beyond the avTiTj, with respect to the af-\eiog 
dvpa. 1 It should be observed, that in the house de- 
scribed by Vitruvius, if the Andronitis and Gynse- 
conitis lay side by side, the /neaavXog -Svpa would 
not be opposite to the entrance, but in one of the 
other sides of the peristyle. 

This door gave admittance to the peristyle of the 
Oynseconitis, which differed from that of the An- 
dronitis in having porticoes round only three of its 
sides. On the fourth side (the side facing the south, 
according to Vitruvius) were placed two antae (vid. 
Ant^e), at a considerable distance from each other. 
A third of the distance between these antae was set 
off inward 2 (Quantum inter antas distat, ex eo tertia 
ciempta spatium datur inlrorsus), thus forming a cham- 
ber or vestibule, which was called rxpocrdg, irapaa- 
rdg, and perhaps rraardg, and also rcpodpofiog. 3 On 
the right and left of this Trpoarag were two bed- 
chambers, the ddXa/Ltog and dfupLddXafiog, of which 
the former was the bedchamber of the house, and 
here also seem to have been kept the vases and 
other valuable articles of ornament.* Beyond these 
rooms (for this seems to be what Vitruvius means 
by in his locis inlrorsus) were large apartments (h- 
rtiveg), used for working in wool (ceci magni, in qui- 
bus matrcs familiarum cum lanijicis habent sessio- 
nem 5 ). Round the peristyle were the eating-rooms, 
bed-chambers, store-rooms, and other apartments 
in common use (triclinia quotidiana, cubicula, et cello, 
familiariccz). 

Besides the avXeiog -&vpa and the fiiaavlog dvpa, 
there was a third door (tcnnaia $vpa) leading to the 
garden. 6 Lysias 7 speaks of another door, which 
probably led from the garden into the street. 

The following plan of the ground-floor of a Greek 
house of the larger size is taken from Becker's 
Charikles. It is, of course, conjectural, as there are 
now no Greek houses in existence. 



f i: 
i — i 




J-m | -/.« J-< 



o. T~^T] o 

-r — i & 






9 » o © • e 



o. 



0. 



ijTh; 



LJ_i: 



P: 

c. 



■ O ffi C 9 



> r„ 



0. 
1 I 




(X- 

rc, House-door, av?.etog -&vpa : -&vp, passage, #vpw- 
oelov or &vpuv : A, peristyle or ai)2,r/ of the Androni- 
tis ; o, the halls and chambers of the Andronitis ; 
ft, fieravXog or pecavlog dvpa: T, peristyle of the 
Oynaeconitis ; y, chambers of the Gynaeconitis ; «r, 
npoordg or nrapaardg : 6, ftuXafiog and d/j.(pidd?*,auog : 

1. (Lysias, De Caed. Erat., p. 20— Plut., Symp., vii., 1.— jEI. 
Dion. ap. Eustath., 1. c.)— 2. (Vitruv.. 1. c, I) 1.)— 3. (Pollux.— 
Suid. — Hesych. — Etymol. Mag. — Vitruv., 1. c.)— 4. (Xen., 
(Econ., ix , 3.)— 5. (Vitruv.)— 6. (Pollux, Onom., i., 76— De- 
mosth., c. Euerg , p 1155. — Lysias, c. Eratosth., p. 393.) — 7. (1. 
e . p. 394.) 



I, rooms for working in wool (iortivee) ; K, garden 
door, unTraia d-vpa. 

There was usually, though not always, an uppei 
story (virep&ov, dtTjpec), which seldom extended over 
the whole space occupied by the lower story. The 
principal use of the upper story was for the lodging 
of the slaves, as appears from a passage in De- 
mosthenes, 1 where the words hv rib rrvpyu seem 
to imply a building several stories high. The ac- 
cess to the upper floor seems to have been some- 
times by stairs on the outside of the house, leading 
up from the street. Guests were also lodged in the 
upper story. 3 But in some large houses there were 
rooms set apart for their reception (frvuvec.) on tho 
ground-floor. 3 In cases of emergency, store-rooms 
were fitted up for the accommodation of guests.* 

Portions of the upper story sometimes projected 
beyond the walls of the lower part, forming balco- 
nies or verandahs (rrpodoXat, yeicu7Todio{j.ara 5 ). 

The roofs were generally flat, and it was custom- 
ary to walk about upon them. 6 But pointed roofs 
were also used. 7 

In the interior of the house, the place of doors 
was sometimes supplied by curtains (TTapanerdap.a- 
ra), which were either plain, or dyed, or embroi- 
dered. 8 

The principal openings for the admission of light 
and air were in the roofs of the peristyles ; but it is 
incorrect to suppose that the houses had no win- 
dows (tivpidec), or, at least, none overlooking the 
street. They were not at all uncommon. 9 

Artificial warmth was procured partly by means 
of fireplaces. It is supposed that chimneys were 
altogether unknown, and that the smoke escaped 
through an opening in the roof (KcnrvodoKT} 10 ). It is 
not easy to understand how this could be the case 
when there was an upper story. Little portable 
stoves (kaxdpai, kaxaplSec) or chafing-dishes (avftpu- 
tua) were frequently used. 11 (Vid. Focus.) 

The houses of the wealthy in the country, at 
least in Attica, were much larger and more magnifi- 
cent than those in the towns. The latter seem to 
have been generally small and plain, especially in 
earlier times, when the Greeks preferred expending 
the resources of art and wealth on their temples and 
public buildings ; ia but the private houses became 
more magnificent as the public buildings began tc 
be neglected. 13 

The decorations of the interior were very plain at 
the period to which our description refers. The 
floors were of stone. At a late period coloured 
stones were used. 14 Mosaics are first mentionec 
under the kings of Pergamus. 

The walls, up to the fourth century B.C., seem 
to have been only whited. The first instance of 
painting them is that of Alcibiades. 15 This innova- 
tion met with considerable opposition. 16 Plato men- 
tions the painting of the walls of houses as a mark 
of a rpvcpuca TrSXtg. 11 These allusions prove that 
the practice was not uncommon in the time of 
Plato and Xenophon. We have also mention of 
painted ceilings at the same period. 18 At a later 
period this mode of decoration became general. 19 

HOUSE (ROMAN) (Domus ; JEdes privatcc). The 

1. (c. Euerg., p. 1156.)— 2. (Antiph., De Venef., p. 611.)— a 
(Vitruv., 1. c— Pollux, Onom., iv., 125.— Eurip., Alcest., 564.) 
4. (Plato, Protag., p. 315.)— 5. (Pollux, Onom., i.,81.)— 6. (Lys- 
ias, adv. Simon., p. 142.— Plaut., Mil., II., ii., 3.)— 7. (Pollux, 
Onom., i., 81.)— 8. (Pollux, x., 32.— Theophrast., Char., 5.)— 9. 
(Aristoph., Thesm., 797.— Id., Eccles., 961.— Plut., De Curios., 
13.)— 10. (Herod., viii.. 137.)— 11. (Plutarch, Apophth., i., p. 
717, W.— Aristoph., Vesp., 811.— Pollux, Onom., vi., 89; x., 
101.)— 12. (Thucvd., ii., 14, 65.— Isocr., Areop., 20.— Dicajarch., 
Stat. Graec, p. 8.) — 13. (Demosth., c. Aristocr., p. 689.— Id., 
Olynth., iii., p. 36.)— 14. (Plin., H. N., xxxvi., 25, 60.)— 15. (An- 
doc, c. Alcib., p. 119.— Plutarch, Alcib.. 16.)— 16. (Xen., Mem. 
iii., 8. t> 10— Id., (Econ., ix., 2.)— 17. (Repub., iii., p. 372-3.)— 
18. (Plato, Repub., vii., 529.)— 19. (Becker, Char.klee, i., p 
166, &c.) 

515 



HOUSE. 



HOUSE. 



houses of the Romans were poor and mean for 
many centuries after the foundation of the city. 
Till the war with Pyrrhus, the houses were covered 
only with thatch or shingles, 1 and were usually built 
of wood or unbaked bricks. It was not till the 
later times of the Republic, when wealth had been 
acquired by conquests in the East, that houses of 
any splendour began to be built ; but it ther became 
the fashion not only to build houses of an i mmense 
size, but also to adorn them with columns, paint- 
ings, statues, and costly works of art. 

M. Lepidus, who was consul B.C. 78, was the 
first who introduced Numidian marble into Rome 
for the purpose of paving the threshold of his house ; 
but the fashion of building magnificent houses in- 
creased so rapidly, that the house of Lepidus, which 
in his consulship was the first in Rome, was, thir- 
ty-five years later, not the hundredth. 3 Lucullus 
especially surpassed all his contemporaries in the 
magnificence of his houses and the splendour of 
their decorations. Marble columns were first intro- 
duced into private houses by the orator L. Crassus, 
but they did not exceed twelve feet in height, and 
were only six in number. 3 He was, however, soon 
surpassed by M. Scaurus, who placed in his atrium 
columns of black marble, called Lucullean, thirty- 
eight feet high, and of such immense weight that 
the contractor of the sewers took security for any 
injury that might be done to the sewers in conse- 
quence of the columns being carried along the 
streets.* 

The Romans were exceedingly partial to marble 
for the decoration of their houses. Mamurra, who 
was Caesar's praefectus fabrum in Gaul, set the ex- 
ample of lining his room with slabs of marble. 8 
Some idea may be formed of the size and magnifi- 
cence of the houses of the Roman nobles during the 
later times of the Republic by the price which they 
fetched. The consul Messalla bought the house of 
Autronius for 3700 sestertia (nearly 33,000/.), and 
Cicero the house of Crassus, on the Palatine, for 
3500 sestertia (nearly 31,000/.). 6 The house of 
Publius Clodius, whom Milo killed, cost 14,800 ses- 
tertia (about 131,000/.); and the Tusculan villa of 
Scaurus was fitted up with such magnificence, that 
when it was burned by his slaves, he lost 100,000 
sestertia, upward of 885,000/. 7 The house-rent 
which persons in poor circumstances usually paid 
at Rome was about 2000 sesterces, between 17/. 
and 18/. 8 It was brought as a charge of extrava- 
gance against Caelius that he paid 30 sestertia (about 
266/.) for the rent of his house. 9 

Houses were originally only one story high ; but 
as the value of ground increased in the city, they 
were built several stories in height, and the highest 
floors were usually inhabited by the poor. 10 To 
guard against danger from the extreme height of 
houses, Augustus* restricted the height of all new 
houses which were built by the side of the public 
roads to seventy feet. 11 Till the time of Nero, the 
streets in Rome were narrow and irregular, and 
bore traces of the haste and confusion with which 
the city was built after it had been burned by the 
Gauls ; but after the great fire in the time of that 
emperor, by which two thirds of Rome were burn- 
ed to the ground, the city was built with great reg- 
ularity. The streets were made straight and broad ; 
the height of the houses was restricted, and a cer- 
tain part of each was required to be built of Gabian 
or Alban stone, which was proof against fire." 



1. (Plin., H. N., xvi., 15.)— 2. (Id., xxxvi., 8, 24, $ 4.)— 3. (Id., 
xvii., 1.— U., xxxvi., 3.)— 4. (Id., xxxvi., 2.)— 5. (Id., xxxvi., 7.) 
—6. (Cic. ad Att.,i., 13.— Id., ad Fam., v., 6.)— 7. (Plin., H. N., 
oxvi., 24.)- -8. (Suet., Jul., 38.)— 9. (Cic, Pro CoeL, 7.)— 10. 
(Cic, Agr., ii., 35. — Hor., Ep., I., i., 91. — Juv., Sat., hi., 268, 
Ac— Id., x., 17.) —11. (Strab., v., p. 235.) — 12. (Tacit., Ann., 
xr., 43.— Suet., Ner., 38.) 
516 



Our information respecting the form anc arrange 
ment of a Roman house is principally derived from 
the description of Vitruvius, and the remains of the 
houses which have been found at Pompeii. Man} 
points, however, are still doubtful ; but, without en- 
tering into architectural details, we shall confine 
ourselves to those topics which serve to illustrate 
the classical writers. The chief rooms in the house 
of a respectable Roman, though differing, of course, 
in size and splendour according to the circumstan- 
ces of the owner, appear to have been usually ar- 
ranged in the same manner, while the others varied 
according to the taste and circumstances of the 
master. 

The principal parts of a Roman house were the, 

1. Vestibulum; 2. Ostium; 3. Atrium or Cavum 
Mdium ; 4. Ala, ; 5. Tablinum ; 6. Fauces ; 7. Peri- 
stylium. The parts of a house which were consider- 
ed of less importance, and of which the arrangement 
differed in different nouses, were the, 1. Cubicula; 

2. Triclinia; 3. (Eci; 4. Exedra; 5. Pinacotheca; 6. 
Bibliotheca ; 7. Balineum ; 8. Culina ; 9. Coznacula ; 
10. Diceta; 11. Solaria. We shall speak of each iu 
order. 

1. Vestibulum. The vestibulum did not prop- 
erly form part of the house, but was a vacant space 
before the door, forming a court, which was sur- 
rounded on three sides by the house, and was open 
on the fourth to the street. The two sides of the 
house joined the street, but the middle part of it, 
where the door was placed, was at some little dis- 
tance from the street. 1 Hence Plautus 2 says, ' Vi* 
deri' vestibulum ante cedes hoc ct ambulacrum quoius.- 
modi ?" 

2. Ostium. The ostium, which is also called 
janua and fores, was the entrance to the house. 
The street-door admitted into a hall, to which thfl 
name of ostium was also given, and in which thero 
was frequently a small room (cello) for the porter 
(janitor or ostiarius), and also for a dog, which was 
usually kept in the hall to guard the house. A full 
account of this part of the house is given under Jan- 
ua. Another door (janua interior) opposite the 
street-door led into the atrium. 

3. Atrium or Cavum ^Edium, as it is written by 
Varro and Vitruvius ; Pliny writes it Cavadium. 
Hirt, Muller, 3 Marini, and most modern writers, 
consider the Atrium and Cavum iEdium to be the 
same ; but Newton, Stratico, and, more recently, 
Becker,* maintain that they were distinct rooms. 
It is impossible to pronounce a decisive opinion on 
the subject ; but from the statements of Varro 5 and 
Vitruvius, 6 taken in connexion with the fact that no 
houses in Pompeii have been yet discovered which 
contain both an Atrium and Cavum iEdium, it is 
most probable that they were the same. The etv- 
mology of Atrium is mentioned under that head. 

The Atrium or Cavum iEdium was a large apart- 
ment, roofed over with the exception of an opening 
in the centre, called compluvium, towards which the 
roof sloped so as to throw the rain-water into a cis- 
tern in the floor, termed impluvium,'' which was fre- 
quently ornamented with statues, columns, and oth- 
er works of art. 8 The word impluvium, however, 
is also employed to denote the aperture in the roof. 8 
Schneider, in his commentary on Vitruvius, suppo* 
ses cavum aedium to mean the whole of this apart- 
ment, including the impluvium, while atrium signi- 
fied only the covered part, exclusive of the impluvi- 
um. Mazois, on the contrary, maintains that atri- 
um is applied to the whole apartment, and cavum 
aedium only to the uncovered part. The breadth ol 



1. (Gell., xvi., 5. — Macrob., Sat., vi., 8.) — 2. (Mostell., III., 
ri., 132.)— 3. (Etrusker, i., p. 255.)— 4. (Gallus, i., p. 77, &c)— 
5. (De Ling. Lat., v., 161, Miiller.)— 6. (v , 3, 4, ed. Bipont )— 
7. (Varro, 1. c— Festus, s. v. Impluvium.)- $. (Cic, c Verr., II 
i., 23, 56.)- 9. (Ter., Eun., HI., v., 41.) 



HOUSE. 



HOUSE. 



tne impluvium, according to Vitruvius, 1 was not 
less than a quarter, nor greater than a third of the 
breadth of the atrium ; its length was in the same 
proportion according to the length of the atrium. 

Vitruvius 2 distinguishes five kinds of atria or 
cava acdium, which were called by the following 
names : 

(1.) Tuscanicum. In this the roof was supported 
by four beams, crossing each other at right angles, 
the included space forming the compluvium. This 
kind of atrium was probably the most ancient of all, 
as it is more simple than the others, and is not 
adapted for a very large building. 

(2.) Tetrastylum. This was of the same form as 
the preceding, except that the main beams of the 
roof were supported by pillars placed at the four 
angles of the impluvium. 

(3.) CorinthiumwdiS on the same principle as the 
tetrastyle, only that there was a greater number of 
pillars around the impluvium, on which the beams 
of the roof rested. 

(4.) Displuviatum had its roof sloping the contrary 
way to the impluvium, so that the water fell outside 
the house instead of being carried into the implu- 
vium. 

(5.) Testudinatum was roofed all over, and had no 
compluvium. 

The atrium was the most important room in the 
house, and among the wealthy was usually fitted 
up with much splendour and magnificence. 3 The 
marble columns of Scaurus already spoken of were 
placed in the atrium. The atrium appears origi- 
nally to have been the only sitting-room in the 
house, and to have served also as a kitchen ;* and 
it probably continued to do so among the lower and 
middle classes. In the houses of the wealthy, how- 
ever, it was distinct from the private apartments, 
and was used as a reception room, where the patron 
received his clients, and the great and noble the nu- 
merous visiters who were accustomed to call every 
morning to pay their respects or solicit favours. 5 
Cieeio frequently complains that he was not exempt 
from this annoyance when he retired to his country 
houses.' But, though the atrium does not appear 
to have been used by the wealthy as a sitting-room 
for the family, it still continued to be employed for 
many purposes which it had originally served. 
Thus the nuptial couch was placed in the atrium 
opposite the door (in aula 1 ), and also the instruments 
and materials for spinning and weaving, which were 
formerly carried on by the women of the family in 
this room. 8 Here, also, the images of their ances- 
tors were placed, 9 and the focus or fireplace, which 
possessed a sacred character, being dedicated to the 
Lares of each family. (Vid. Focus.) 

4. Al^e, wings, were small apartments or recess- 
es on the left and right sides of the atrium. 10 

5. Tablinum was, in all probability, a recess or 
room at the farther end of the atrium, opposite the 
door leading into the hall, and was regarded as part 
of the atrium. It contained the family records and 
archives. 11 

With the tablinum, the Roman house appears to 
have originally ceased ; and the sleeping-rooms 
were probably arranged on each side of the atrium. 
But when the atrium and its surrounding rooms 
were used for the reception of clients and other 
public visiters, it became necessary to increase the 
size of the house, and the following rooms were 
accordingly added 




6. Fauces appear to have been passages, wrucH 
passed from the atrium to the peristylium or interi- 
or of the house. 1 

7. Peristylium was in its general form like the 
atrium, but it was one third greater in breadth, 
measured transversely, than in length. 3 It was a 
court open to the sky in the middle ; the open part, 
which was surrounded by columns, was larger than 
the impluvium in the atrium, and was frequently 
decorated with flowers and shrubs. 

The arrangement of the rooms which are next to 
be noticed, varied, as has been remarked, accord- 
ing to the taste and circumstances of the owner. 
It is, therefore, impossible to assign to them any 
regular place in the house. 

1. Cubicula, bed-chambers, appear to have been 
usually small. There were separate cubicula for 
the day and night (cubicula diurna ct nocturna*) ; 
the latter were also called dormitoria* Vitruvius 8 
recommends that they should face the east, for the 
benefit of the rising sun. They sometimes had a 
small anteroom, which was called by the Greek 
name of npoKoiTciv.* 

2. Triclinia are treated of in a separate article. 

3. OSci, from the Greek oIkoc, were spacious halls 
or saloons borrowed from the Greeks, and were fre- 
quently used as triclinia. They '"vere to have the 
same proportions as triclinia, but ~ c?e to te more 
spacious, on account of having columns, which tri- 
clinia had not. 7 Vitruvius mentions four kinds ol 
oeci : 

(1.) The Tetrastyle, which needs no farther de- 
scription. Four columns supported the roof. 

(2.) The Corinthian, which possessed only one 
row of columns, supporting the architrave (epistyli- 
um), cornice (corona), and a vaulted roof. 

(3.) The ^Egyptian, which was more splendid 
and more like a basilica than a Corinthian triclini- 
um. In the ^Egyptian cecus, the pillars supported a 
gallery with paved floor, which formed a walk roui d 
the apartment; and upon these pillars others vveie 
placed, a fourth part less in height than the lower, 
which surrounded the roof. Between the upper 
columns windows were inserted. 

(4.) The Cyzicene (Kv&icnvoi) appears in the time* 
of Vitruvius to have been seldom used in Italy. 
These oeci were meant for summer use, looking to 
the north, and, if possible, facing gardens, to which 
they opened by folding doors. Pliny had ceci of 
this kind in his villa. 

4. Exedrae, which appear to have been in form 
much the same as the ceci, for Vitruvius 8 speaks of 
the exedrae in connexion with oeci quadrati, were 
rooms for conversation and the other purposes of 
society. 9 They served the same purposes as the 
exedrae in the Thermae and Gymnasia, which were 
semicircular rooms with seats for philosophers and 
others to converse in. 10 (Vid. Baths, p. 152.) 

5. 6, 7. Pinacotheca, Bibliotheca, and Baline- 
um (vid. Baths), are treated of in separate articles 

8. Culina, the kitchen. The food was originally 
cooked in the atrium, as has been already stated ; 
but the progress of refinement afterward led to the 
use of another part of the house for this purpose. 
In the kitchen of Pansa's house, of which a ground- 
plan is given below, a stove for stews and similar 
preparations was found, very much like the char- 
coal stoves used in the present day. (See wood- 
cut ) Before it lie a knife, a strainer, and a kind 
of frying-pan with four spherical cavities, as if it 
were meant to cook eggs. 

In this kitchen, as well as in many others at Pom- 



HOUSE. 



HOUSE. 




pen, there are paintings of the Lares or domestic 
gods, under whose care the provisions and all the 
cooking utensils were placed. 

9. Cosnacula properly signified rooms to dine in; 
but after it became the fashion to dine in the upper 
part of the house, the whole of the rooms above the 
ground-floor were called canacula, 1 and hence Fes- 
tus says, " Ctznacula dicuntur, ad qua scalis ascendi- 
tur." 9 As the rooms on the ground-floor were of 
different heights, and sometimes reached to the 
roof, all the rooms on the upper story could not be 
united with one another, and, consequently, differ- 
ent sets of stairs would be needed to connect them 



with the lower part of the house, as we find to be 
the case in houses at Pompeii. Sometimes the 
stairs had no connexion with the lower part of the 
house, but ascended at once from the street. 1 At 
Rome the highest floors, as already remarked (p. 
516), were usually inhabited by the poor. 8 

10. Himtjl was an apartment used for dining in, 
and for the other purposes of life. 3 It appears to 
have been smaller than the triclinium. Diaeta is 
also the name given by Pliny 4 to rooms containing 
three or four bed-chambers (cubicula). Pleasure 
houses or summer-houses are also called disetae. 5 

11. Solaria, properly places for basking in the 
sun, were terraces on the tops of houses. 6 In the 
time of Seneca the Romans formed artificial gar- 
dens on the tops of their houses, which contained 
even fruit-trees and fish-ponds. 7 

The two woodcuts annexed represent two atria 
of houses at Pompeii. The first is the atrium of 
what is usually called the house of the Quaestor. 
The view is taken near the entrance-hall facing the 
tablinum, through which the columns of the peri- 
style and the garden are seen. This atrium, which 
is a specimen of what Vitruvius calls the Corinth- 
ian, is surrounded by various rooms, and is beauti- 
fully painted with arabesque designs upon red and 
yellow grounds. 




The next woodcut represents the atrium of what 
is usually called the house of Ceres. In the centre 
is the impluvium, and the passage at the farther 
end is the ostium or entrance hall. As there are 
no pillars around the impluvium, this atrium must 
belong to the kind called by Vitruvius the Tuscan. 




The preceding account of the different rooms, and 
especially of the arrangement of the atrium, tabli- 
num, peristyle, &c, is best illustrated by the houses 

1. (Varro, De Ling. Lat., v., 162, ed. Muller.)— 2. (Compare 
Diir. 9- tit. 3, s. 1.) 
518 



which have been disinterred at Pompeii. The 
ground-plan of two is accordingly subjoined. The 
first is the plan of a house, usually called the house 
of the tragic poet. 

Like most of the other houses at Pompeii, it had 
no vestibulum, according to the meaning which we 
have attached to the word. 1. The ostium or en- 
trance hall, which is six feet wide and nearly thirty- 
long. Near the street-door there is a figure of & 
large fierce dog worked in mosaic on the pavement, 
and beneath it is written Cave Canem. The two 
large rooms on each side of the vestibule appear, 
from the large openings in front of them, to have 
been shops ; they communicate with the entrance 
hall, and were, therefore, probably occupied by the 
master of the house. 2. The atrium, which is about 
twenty-eight feet in length and twenty in breadth ; 
its impluvium is near the centre of the room, and 
its floor is paved with white tesserae, spotted with 
black. 3. Chambers for the use of the family, or 
intended for the reception of guests who were enti- 
tled to claim hospitality. When a house did not 

1. (Liv., xxxix., 14.)— 2. (Compare Suet., Vitell., 7.) — 3. 
(Plin., Ep., ii., 17.— Suet., Claud., 10.)— 4. (Ep., vi., 5.)— & 
(Dig. 30, tit. 1, s. 43 ; 7, tit. 1, s. 13, <) 3.)— 6. (Plaut., Mil., II, 
iii., 69— Id. ib., iv., 25.— Suet, Ner., 1 '.)— 7. (Sen.,Ep. t 132.- 
Contr. Exc, v., 5.— Suet., Claud., 10.) 



KOGSE. 



HOUSE. 




possess an hospitium, or rooms expressly for the re- 
ception of guests, they appear to have been lodged 
in rooms attached to the atrium. (Vid. Hospitium.) 
4. A small room with a staircase leading up to the 
upper rooms. 5. Alae. 6. The tablinum. 7. The 
fauces. 8. Peristyle, with Doric columns and gar- 
den in the centre. The large room on the right of 
the peristyle is the triclinium ; beside it is the kitch- 
en ; and the smaller apartments are cubicula and 
other rooms for the use of the family. 

The next woodcut contains the ground-plan of an 
insula, which was properly a house not joined to 
the neighbouring houses by a common wall. 1 An 
insula, however, generally contained several separ- 
ate houses, or, at least, separate apartments or shops, 
which were let to different families ; and hence the 
term domus under the emperors appears to be ap- 
plied to the house where one family lived, whether 
it were an insula or not, and insula to any hired 
lodgings. This insula contains a house, surrounded 
by shops, which belonged to the owner, and were 
let out by him. The house itself, which is usually 
called the house of Pansa, evidently belonged to 
one of the principal men of Pompeii. Including the 
garden, which is a third of the whole length, it is 
about 300 feet long and 100 wide. 

A. Ostium, or entrance-hall, paved with mosaic. 

B. Tuscan atrium. I. Impluvium. C. Chambers 
on each side of the atrium, probably for the recep- 
tion of guests. D. Ala. E. Tablinum, which is 
open to the peristyle, so that the whole length of 
the house could be seen at once ; but as there is a 
passage (fauces), F, beside it, the tablinum might 
probably be closed at the pleasure of the owner. 

C. Chambers by the fauces and tablinum, of which 
the use is uncertain. G. Peristyle. D. Ala to the 
peristyle. C. Cubicula by the side of the peristyle. 
K. Triclinium. L. CEcus, and by its side there is 
a passage leading from the peristyle to the garden. 
M. Back door (posticum ostium) to the street. N. 
Culina. H. Servants' hall, with a back door to the 
street. P. Portico of two stories, which proves 
that the house had an upper floor. The site of the 
staircase, however, is unknown, though it is thought 
there is some indication of one in the passage, M. 
Q. The garden. R. Reservoir for supplying a 
iank, S. 

The preceding rooms belonged exclusively to 

Pansa's house, but there were a good many apart- 

■ — — — ^— -^— — ^—^— ^— — .^_ __ ^_^_^___— ^____-_— _ 

1. (Festus, s. v.) 




ments besides in the insula which were not in ma 
occupation, a. Six shops let out to tenants. Those 
on the right and left hand corners were bakers' 
shops, which contained mills, ovens, &c, at b. The 
one on the right appears to have been a large es- 
tablishment, as it contains many rooms, c. Two 
houses of a very mean class, having formerly an 
upper story. On the other side are two houses 
much larger, d. 

Having given a general description of the rooms 
of a Roman house, it remains to speak of the (1) 
floors, (2) walls, (3) ceilings, (4) windows, and (5) 
the mode of warming the rooms. For the doors, 
vid. Janua. 

(1.) The floor {solum) of a room was seldom 
boarded, though this appears to have been some- 
times done {strata solo tabulata 1 ). It was generally 
covered with stone or marble, or mosaics. The 
common floors were paved with pieces of bricks, 
tiles, stones, &c, forming a kind of composition 
called ruderatio. 2 Another kind of pavement was 
that called opus Signinum, which was a kind of 
plaster made of tiles beaten to powder and tempered 
with mortar. It derived its name from Signia, a 
town of Italy, celebrated for its tiles. 3 Sometimea 
pieces of marble were imbedded in a composition 
ground, which appear to have formed the floors 
called by Pliny barbarica or subtegulanca, and which 
probably gave the idea of mosaics. As these floors 
were beaten down (pavita) with rammers (fistucce), 
the word pavimentum became the general name tor 
a floor. The kind of pavement called scalpturatum 
was first introduced in the Temple of Jupiter Capit- 



1. (Stat., Sylv., I., v. 
E. N., xxxv., 40.) 



57.)— 2. (Vitruv., -ii., 1.)— 3. (Plin., 
ftlQ 



HOUSE. 



HOUSE. 



olinus after the beginning of the third Punic war, but 
became quite common in Rome before the begin- 
ning of the Cimbric war. 1 Mosaics, called by Pliny 
litkostrota (hiOooTpuTa), though this word has a 



Tli^IfSJfi 1 



c3E 



iigfEiffp- 



^ucyvmme 



rr ^re extensive meaning, first came into use in Sul- 
la's time, who made one in the Temple of Fortune 
at Praeneste. a Mosaic work was afterward called 
Afusivum opus. 3 The floors of the houses at Pom- 




peii are frequently composed of mosaics, which are 
usually formed of black frets on a white ground, or 
white ones on a black ground, though some of them 
are in coloured marbles. The materials of which 
they are generally formed are small pieces of red 
and white marble and red tile, set in a very fine 
cement, and laid upon a deep bed of mortar, which 
served as a base. The three examples here given, 
which are taken from houses at Pompeii, will con- 
vey a general idea of their form and appearance. 




Mosaic pavements, however, have been discover- 
ed at Pompeii, which represent figures and scenes 
of actual life, and are, in reality, pictures in mosaic. 
One of the most beautiful of these is given in its 

1. (Plin.,H. N.,'xxxvi., 61.)— 2. (Id., xxxvi., 64.)— 3. (S|>ar- 
tian., Pescjn. Nig., 6.— Trebell. Pollio, Trig int. Tyrann., 24.— 
Augustin., De Civ. Dei, xvi., 8.) 
.520 



original colours in Gell's Pompeiana, 2d series, 
plate xlv. It is composed of very fine pieces of 
glass, and represents the choragus, or master of 
the chorus, instructing the actors in their parts. A 
still more extraordinary mosaic painting was dis- 
covered in Pompeii in 1831 : it is supposed to rep 
resent the battle of Issus. 1 

(2.) The inner walls (parietes) of private rooms 
were frequently lined with slabs of marble, 3 but 
were more usually covered by paintings, which in 
the time of Augustus were made upon the walls 
themselves. The prevalence of this practice is at- 
tested not only by Pliny, 3 but also by the circum- 
stance that even the small houses in Pompeii have 
paintings upon their walls. The following woodcut, 
which represents the side of a wall at Pompeii, is 
one of the simplest but most common kind. The 
compartments are usually filled with figures. 



i 1 1 



Li 







SFi: n " " — 



m 



4 






m 



if 



*L<. 



l *§~^fSgn i 



The general appearance of the walls may be 
seen from the woodcuts at p. 462, 518. Subjects of 
all kinds were chosen for painting on the walls, as 
may be seen by a reference to the Museo Borbonico, 
Gell, Mazois, &c* The colours seem usually to 
have been laid upon a dry ground, but were some- 
times laid upon it wet, as in the modern fresco 
painting (colores udo tectorio induccre s ). The walls 
also appear to have been sometimes ornamented 
with raised figures, or a species of bas-relief {typos 
in tectorio atrioli includere 6 ), and sometimes with 
mosaics. 7 

(3.) The ceilings seem originally to have been left 
uncovered, the beams which supported the roof or 
the upper story being visible. Afterward planks 
were placed across these beams at certain intervals, 
leaving hollow spaces, called lacunaria or laquearia, 
which were frequently covered with gold and ivory, 
and sometimes with paintings. 8 There was an 
arched ceiling in common use, called Camara, 
which is described in a separate article. 

(4.) The Roman houses had few windows (fenes- 
tra). The principal apartments, the atrium, peri- 
style, &c, were lighted, as we have seen, from 
above, and the cubicula and other small rooms 
generally derived their light from them, and not 
from windows looking into the street. The rooms 
only on the upper story seem to have been usually 
lighted by windows. 9 Very few houses in Pompeii 
have windows on the ground-floor opening into the 
street, though there is an exception to this in the 
house of the tragic poet, which has six windows on 
the ground-floor. Even in this case, however, the 
windows are not near the ground as in a modern 
house, but are six feet six inches above the foot 
pavement, which is raised one foot seven inches 
above the centre of the street. The windows are 
small, being hardly three feet by two ; and at the 
side there is a wooden frame, in which the window 




HOUSE. 



HYACINTHIA. 



The lower part of the wall is occupied by a row of 
red panels four feet and a half high. The following 
woodcut represents part of the wall, with apertures 
for windows above it, as it appears from the street. 
The tiling upon the wall is modern, and is only 
placed there to preserve it from the weather. 






ncrr 




The windows appear originally to have been 
merely openings in the wall, closed by means of 
shutters, which frequently had two leaves (bifores 
fenestra 1 ), whence Ovid a says, 

11 Pars adaperta fuit, pars altera clausa fenestra." 

They are, for this reason, said to be joined when 
they are shut. 3 Windows were also sometimes 
covered by a kind of lattice or trellis- work {clathri), 
and sometimes by network, to prevent serpents and 
other noxious reptiles from getting in.* 

Afterward, however, windows were made of a 
transparent stone, called lapis specularis (mica), 
which was first found in Hispania Citerior, and af- 
terward in Cyprus, Cappadocia, Sicily, and Africa ; 
out the best came from Spain and Cappadocia. It 
was easily split into the thinnest laminae, but no 
pieces had been discovered, says Pliny, above five 
feet long. 5 Windows made of this stone were called 
specularia. 6 Windows made of glass (vitrum) are 
first mentioned by Lactantius, 7 but the discoveries 
at Pompeii prove that glass was used for windows 
under the early emperors, as frames of glass and 
glass windows have been found in several of the 
houses. 

(5.) The rooms were heated in winter in different 
ways ; but the Romans had no stoves like ours. 
The cubicula, triclinia, and other rooms, which were 
intended for winter use, were built in that part of 
the house upon which the sun shone most ; and in 
the mild climate of Italy this frequently enabled them 
to dispense with any artificial mode of warming the 
rooms. Rooms exposed to the sun in this way 
were sometimes called heliocamini* The rooms 
were sometimes heated by hot air, which was in- 
troduced by means of pipes from a furnace below, 9 
but more frequently by portable furnaces or braziers 
(foculi), in which coal or charcoal was burned. 
( Vid. woodcuts, p. 148, 447.) The caminus was also 
a kind of stove, in which wood appears to have 
been usually burned, and probably only differed from 
the foculus in being larger and fixed to one place. 10 
It has been a subject of much dispute among mod- 
ern writers, whether the Romans had chimneys for 
carrying off the smoke. From many passages in 
ancient writers, it certainly appears that rooms usu- 
ally had no chimneys, hut that the smoke escaped 
through the windows, doors, and openings in the 
roof; 11 but chimneys do not appear to have been 
entirely unknown to the ancients, 12 as some are 



1. (Ovid, Ep. ex Pont., ITI., iii., 5.)— 2. (Amor., I., v., 3.)— 3. 
(Hor., Carm., ii., 25.)— 4. (Flaut., Mil., II., iv., 25.— Varro. De 
Re Rust., iii., 7.)— 5. (Plin., H. N., xxxvi., 45.)— 6. (Sen., Ep., 
90.— Plin., Ep., ii., 17.— Mart., viii., 14.)— 7. (De Opif. Dei, 8.) 
— S. (Plin., Ep., ii , 17 —Dig. 8, tit. 2, s. 17.)— 9. (Plin., Ep., 
n., 17.— Sen., Ep., 90.)— 10. (Suet., Vitell., 8.— Hor., Sat., I., 
v., 81.)— 11. (Vitruv.,vii.,3.— Hor., 1. c— Voss ad Virg., Georg., 
*U 242.)— 12. (Becker's Gallus, i , p. 102 ) 
Uim 



said to have been found in the ruins of ancieui 
buildings. 1 

HYACI'NTHIA ('TaKivdia), a great national fes- 
tival, celebrated every year at Amyclae by the Amy- 
claeans and Spartans. The ancient writers who 
mention this festival do not agree in the name of 
the divinity in whose honour it was held: some 
say that it was the Amyclaean or the Carnean Apol- 
lo ; others, that it was the Amyclaean hero Hyacin- 
thus ; a third and more probable statement assigns 
the festival to the Amyclaean Apollo and Hyacinthus 
together. This Amyclaean Apollo, however, with 
whom Hyacinthus was assimilated in later times, 
must not be confounded with Apollo, the national 
divinity of the Dorians. 2 The festival was called 
after the youthful hero Hyacinthus, who evidently 
derived his name from the flower Hyacinth (the 
emblem of death among the ancient Greeks), and 
whom Apollo accidentally struck dead with a quoit. 
The Hyacinthia lasted for three days, and began on 
the longest day of the Spartan month Hecatom- 
beus (the Attic Hecatombaeon 3 ), at the time when 
the tender flowers, oppressed by the heat of the 
sun, drooped their languid heads. On the first and 
last day of the Hyacinthia sacrifices were offered to 
the dead, and the death of Hyacinthus was la- 
mented. During these two days nobody wore any 
garlands at the repasts, nor took bread, but only 
cakes and similar things, and no paeans were sung 
in praise of Apollo ; and when the solemn repasts 
were over, everybody went home in the greatest 
quiet and order. This serious and melancholy 
character was foreign to all the other festivals of 
Apollo. The second day, however, was wholly 
spent in public rejoicings and amusements. Amy- 
clae was visited by numbers of strangers {iravTjyvpt^ 
at-LoTioyog kclI fieydTin), and boys played the cithara 
or sang to the accompaniment of the flute, and cel- 
ebrated in anapaestic metres the praise of Apollo, 
while others, in splendid attire, performed a horse- 
race in the theatre. This horserace is probably the 
aydv mentioned by Strabo.* After this race there 
followed a number of choruses of youths, conducted 
by a ^opo7roi6f, 5 in which some of their national 
songs (k7rLxvpia notTJfiara) were sung. During the 
songs of these choruses, dancers performed some 
of the ancient and simple movements with the ac- 
companiment of the flute and the song. The Spar- 
tan and Amyclaean maidens, after this, riding in 
chariots made of wicker-work {navadpa), and splen- 
didly adorned, performed a beautiful procession. 
Numerous sacrifices were also offered on this day., 
and the citizens kept open house for their friends 
and relatives ; and even slaves w r ere allowed to en- 
joy themselves. 6 One of the favourite meals on 
this occasion was called Konig, and is described by 
Molpis 7 as consisting of cake, bread, meat, raw 
herbs, broth, figs, desert, and the seeds of lupine. 
Some ancient writers, when speaking of the Hya- 
cinthia, apply to the whole festival such epithets as 
can only be used in regard to the second day ; for 
instance, when they call it a merry or joyful solem- 
nity. Macrobius 8 states that the Amyclaeans wore 
chaplets of ivy at the Hyacinthia, which can. only 
be true if it be understood of tfie second day. The 
incorrectness of these writers is, however, in some 
degree, excused by the fact that the second day 
formed the principal part of the festive season, as 
appears from the description of Didymus, and as 

1. (Winckelmann, Schriften uber die Herculanischen Ent 
deckungen.— Hirt, Geschichte der Baukunst. — Mazois, Lea Ru 
ines de Pompeii, part ii., Le Palais de Scaunis. — Gell, Poinpei- 
ana. — Pompei, Lond., 12mo, 1832.— Becker, Gallus.— Schnei- 
der ad Vitruv.)— 2. (Miiller, Orchom., p. 327.— Id., Dor., ii., 8, 4 
15.) — 3. (Hesych., s. v. r E*aro//(>£ws. — Manso, Sparta, iii., 2, p. 



201.)- 



(vi., p. 278.)—5. (Xen., Agesil. 



17.)— 6. (Didy- 



mus ap. Athen., iv., p. 139.)— 7. (ap. A'hen., iv., p. 140 '—8 
(Saturn.,)., 18.) 

. 521 



HYBREOS GRAPHE. 



HYDIIAULA. 



may also be inferred from Xenophon, 1 who makes 
the paean the principal part of the Hyacinthia. The 
great importance attached to this festival by the 
Amyclaeans and Lacedaemonians is seen from the 
fact that the Amyclaeans, even when they had ta- 
ken the field against an enemy, always returned 
home on the approach of the season of the Hya- 
cinthia, that they might not be obliged to neg- 
lect its celebration, 2 and that the Lacedaemonians 
on one occasion concluded a truce of forty days 
with the town of Eira, merely to be able to return 
home and celebrate the national festival ; 3 and that, 
in a treaty with Sparta, B.C. 421, the Athenians, in 
order to show th^ir good- will towards Sparta, prom- 
ised every year to attend the celebration of the 
Hyacinthia.* 

♦HYACINTHUS (vaKivdo c), a plant. " The vd- 
klvOoc of the poets," observes Adams, " would seem 
in some places to be referable to the Gladiolus com- 
munis, and. in others to the Delphinium Ajacis, or 
Larkspur. Matthiolus and Sprengel concur in hold- 
ing the vaKivdoc. of Dioscorides to be "the Hyacin- 
thus Orientalis. The ' Vaccinia? of Virgil was most 
probably the Delphinium ajacis. The yparrrd vdiciv- 
6og of Theocritus was no doubt the same." 5 

II. A precious stone, about which considerable 
doubt prevails. De Laet thinks it was some species 
of Amethyst. 6 Salmasius, on the other hand, sup- 
poses it to have been our Ruby, which the Persians 
and Arabians still call Yacut, a name derived from 
vdtcivdog. "This name, however," observes Dr. 
Moore, " may have been used with as little discrim- 
ination as that of ruby is at present, to designate 
several very different minerals, and among them 
may be some that are still called Hyacinth ; as sev- 
eral varieties of zircon, and the Hyacinth of Com- 
postella, a red ferruginous quartz. Jameson enu- 
merates several different minerals besides zircon 
t'3 which the name Hyacinth has been applied ; and 
he appears to think that the ancient Hyacinth was 
either amethyst or sapphire." 7 

*HYALOEIDES (valoetdrjg), a precious stone. 
Sir J. Hill remarks, that it had. been supposed to be 
the Asteria, the Iris, the Lapis specularis, and the 
Diamond. All that he can determine respecting it 
is, that it is the Astrios of Pliny. (Vid. Astrios.) 3 

*HYALUS (valog) Glass. (Vid. Vitrum.) 

TBPEQS rPA$H (Mpeug ypa<j>v). This action 
was the principal remedy prescribed by the Attic law 
for wanton and contumelious injury to the person, 
whether in the nature of indecent (61 aiaxpovpyiag) 
or other assaults (Sid izlijyuv). If the offence were 
of the former kind, it would always be available 
when the sufferer was a minor of either sex (for 
the consent of the infant was immaterial), or when 
an adult female was forcibly violated : and this pro- 
tection was extended to all conditions of life, wheth- 
er bond or free. 9 The legal representative (nvpiog), 
however, of such person might, if he pleased, con- 
sider the injury as a private rather than a public 
wrong, and sue for damages in a civil action. ( Vid. 
BIAIQN AIKH.) With respect to common assaults, 
a prosecution of this kind seems to have been al- 
lowable only when the object of a wanton attack 
was a free person, 10 as the essence of the offence 
lay in its contumely, and a slave could incur no 
degradation by receiving a blow, though the injury, 
if slight, might entitle the master to recover dam- 
ages for the battery (alula), or, if serious, for the 
loss of his services (vid. BAABH2 AIKH), in a pri- 

1. (Xen., Hellen., iv., 5, § 11. — Compare Agesil., 2, 17.) — 2. 
(Xen., Hellen., iv., 5, $ 11. — Paus., iii., 10, $ 1.) — 3. (Paus., iv., 
19, <) 3.)— 4. (Thucyd., v., 23.)— 5. (II., xiv., 318.— Theocrit., Id., 
x. — Theop'nrast., H. P., vi., 8. — Dioscor., iv., 63. — Adams, Ap- 
pend., s. v.) — 6. (Adams, Append., s. v.) — 7. (Mi ore's Anc. Min- 
eralogy, p. 169.) — 8. (Adams, Append., s. v.^ —9. (Oemosth., c. 
Weid., 529, 15.)— 10. (Aristot., Rhet., ii., 24.) 
52?. 



vate lawsuit. 1 These two last-mentioned action* 
might also be resorted to by a free citizen when 
similarly outraged in his own person, if he were 
more desirous of obtaining compensation for the 
wrong, than the mere punishment of the wrong- 
doer, as the penalty incurred by the defendant in 
the public prosecution accrued to the state, and not 
to the plaintiff. A fine also of a thousand drachmas, 
forfeited by the prosecutor upon his relinquishing 
his suit or failing to obtain the votes of a fifth of 
the dicasts, may have contributed to render causes 
of this kind less frequent, and partly account for 
the circumstance that there are no speeches extant 
upon this subject. If, however, the case for the 
prosecution was both strong and clear, the redress 
afforded by the public action was prompt and effi- 
cient. Besides the legitimate protectors of women 
and children, any Athenian citizen, in the enjoy- 
ment of his full franchise, might volunteer an ac- 
cusation : the declaration was laid before the thes 
mothetae, who, except it were hindered by extraor 
dinary public business, were bound not to defer the 
trial before the Heliaea beyond a month. The se- 
verity of the sentence extended to confiscation or 
death ; and if the latter were awarded, the crimi 
nal was executed on the same day : if a fine were 
imposed upon him, he was allowed but a period of 
eleven days for its payment, and if the object of 
his assault were a free person, he was imprisoned 
till the claim of the state was liquidated. 3 

*HYDRARG / YRUS (vdpdpyvpoc). Quicksilver 
is first spoken of by Aristotle and Theophrastus 
under the name of fluid silver (dpyvpog x VT og). ltd 
nature, however, as Dr. Moore remarks, does not 
seem to have been much understood even four cen- 
turies later ; for Pliny distinguishes between quick- 
silver, " Argentum vivum," and the liquid silver, 
Hydrargyrus, procured, by processes which he de* 
scribes, from minium, or native cinnabar. 

HYDRAULA (idpavlrjc), an Organist. Accord- 
ing to an author quoted by Athenaeus, 3 the first or- 
ganist was Ctesibius of Alexandrea, who lived about 
B.C. 200. He evidently took the idea of his organ 
from the Syrinx or Pandean pipes, a musical in- 
strument of the highest antiquity among the Greeks. 
His object being to employ a row of pipes of great 
size, and capable of emitting the most powerful as 
well as the softest sounds, he contrived the means 
of adapting keys with levers (dyKuvlcntoi), and with 
perforated sliders (tcu/wuto), to open and shut the 
mouths of the pipes (yXuaaoico/ia), a supply of wind 
being obtained, without intermission, by bellows, in 
which the pressure of water performed the same 
part which is fulfilled in the modern organ by a 
weight. On this account, the instrument invented 
by Ctesibius was called the water-organ (v6pavlig * 
vdpavlLKov bpydvov*). Its pipes were partly of 
bronze (xo^keltj dpovpa ; 6 seges aena" 1 ), and partly of 
reed. The number of its stops, and, consequently, 
of its rows of pipes, varied from one to eight, 8 so 
that Tertullian 9 describes it with reason as an ex- 
ceedingly complicated instrument. It continued in 
use so late as the ninth century of our era : in the 
year 826, a water-organ was erected by a Venetian 
in the church of Aquis-granum, the modern Aix-la ■ 
Chapelle. 10 

The organ was well adapted to gratify the Ro- 
man people in the splendid entertainments provided 
for them by the emperors and other opulent persons. 

1. (Me;«r, Att. Proc, 326.)— 2. (Demosth., 1. c— ^schin., c. 
Tim., 4U— 3. (iv., 75.— Compare Plin., H. N., vii., 38.)— 4. 
(Athen., X c.) — 5. (Hero, Spirit. — Vitruv., ac., 13. — Schneider, 
ad loc. — Drieberg, die Pneum. Erfindungen der Griechen, p. 53-» 
61.— Plin., H. N., ix., 8.— Cic, Tusc, iii., 18.)— 6. (Jul. Imp. 
in Brunck's Anal., ii., 403.) — 7. (Claud., De Mali. Theed. 
Cons., 316.)— 8. (Vitruv., 1. c.)— 9. (De Anima, 14.)— 10. (Quis, 
MCinster Kirche in Aachen, p. 14.) 



HYPOSCYAMUS. 



HYPOBOLES GRAPHE. 



Norn was veiy curious about orgar.s, both in regard 
to their musical effect and their mechanism. 1 A 
contormate coin of this emperor in the British Mu- 
seum (see woodcut) shows an organ with a sprig of 




laurel on one side, and a man standing on the other, 
who may have been victorious in the exhibitions 
of the circus or the amphitheatre. It is probable 
that these medals were bestowed upon such victors, 
and that the organ was impressed upon them on ac- 
count of its introduction on such occasions. 2 The 
general form of the organ is also clearly exhibited 
in a poem by Publilius Optatianus, describing the 
instrument, and composed of verses so constructed 
&s to show both the lower part which contained the 
bellows, the wind-chest which lay upon it, and over 
this, the row of 26 pipes. These are represented by 
26 lines, which increase in length each by one let- 
ter, until the last line is twice as long as the first. 3 

HYDRIAPHORTA (vdpta<popta) was one of the 
services which aliens ((ietolkol) residing at Athens 
had to perform to the Athenians at the Panathensea, 
and by which it was probably only intended to im- 
press upon them the recollection that they were 
mere aliens, and not citizens. The hydriaphoria 
A'as performed only by the wives of aliens,* where- 
as their daughters had on the same occasion to per- 
form the oKLadr/tiopia (the carrying of parasols) to 
the Athenian maidens, and their husbands the ona- 
<l>rj$opia (the carrying of vessels 5 ). It is clear, from 
the words of ^Elian, that these humiliating services 
were not demanded of the aliens by the laws of So- 
lon, but that they were introduced at a later pe- 
riod. 6 The hydriaphoria was the carrying of a ves- 
sel with water (i<Spia 7 ), which service the married 
alien women had to perform to the married part of 
the female citizens of Athens, when they walked to 
the Temple of Athena in the great procession at the 
Panathenaea. 8 

♦'TAHMA. TI (vlrjud rt, tradnTiKov). Under this 
name, as Stackhouse remarks, Theophrastus de- 
scribes the Mimosa scnsitiva, L., or Sensitive Plant. 9 

HYLO'ROI or HYLEO'ROI (vlupot or vlr}upoi) 
is explained by Hesychius 10 as officers who had the 
superintendence of forests (vXrjv tyvfaiccuv 11 ). Aris- 
totle, 18 who divides all public officers into three 
classes (apxai, eTTt/j.e'k^Tat, and vKepirai), reckons 
the v?Mpol among the kTcijuelrjTai,, and says that 
by some they were called dypovuuot. They seem 
to have been a kind of police for the protection of 
the forests, similar to the German forster. But the 
exact nature of their office, or the particular Greek 
states where it existed, are unknown. 

*HYOSCY'AMUS (vocKvapoc), a poisonous herb, 
Henbane. Three species are described by Dioscor- 

1. (Sueton., Ner., 41, 54.) — 2. (Havercamp, De Num. con- 
torniatis.)— 3. (Wernsdorf, Poet. Lat. Min., v. ii., p. 394-413.) 
—4. (Pollux, Onom., iii., 55.)— 5. (Vid. JSlian, V. H., vi., 1, 
with Perizonius's notes. — Harpocrat., s. v. 2,Ka<prj<j)opoi.) — 6. 
(Wachsmuth, Hellen. Alterth., I., i., p. 250, &c— Petitus, Leg. 
Att., p. 95.)— 7. (Aristoph., Eccles., 738.)— 8. (Compare Meur- 
uns, Panathenaica, c. 21.)— 9. (Theophrast., H. P., iv., 3.)— 10. 
(s v.)— 11. (Compare Suidas, s. v.)— 12. (Polit., vi . 5.) 



ides, which Sprengel makes to be the Hyoscyamus 
reticulatus, H. aureus, and H. albus. "Upon whai 
grounds he rejects the H. nigcr," observes Adams, 
" as applying to the first species, I am at a loss to 
comprehend. «The H. nigcr now grows wild in 
Britain ; but, considering the situations in which it 
is found, I am disposed to think that it was brought 
thither by the Romans." 1 

HYPEREMEROS. (Vid. Enechyra.) 

HYPERESIA. (Vid. Hyperetes.) 

HYPE'RETES (inrypervc). This word is derived 
from kpiaau, hpirrj^, and, therefore, originally signi- 
fies a rower ; but in later times the word was, with 
the exception of the soldiers or marines, applied to 
the whole body of persons who performed any ser- 
vice in a vessel. 2 In a still wider sense, visvpitTiq 
was applied to any person who acted as the assist • 
ant of another, and performed manual labour for 
him, whether in sacred or profane things, 3 whence 
the word is sometimes used as synonymous with 
slave.* Hence, also, the name vixyphai was some 
times given to those men by whom the hoplitse were 
accompanied when they took the field, and who car- 
ried the luggage, the provisions, and the shield of 
the hoplitee. 8 The more common name for this ser 
vant of the hoplitae was cKevo^opog. 

At Athens the name vTryperrjc, or the abstract 
VTrrjpeoia, seems to have been applied to a whole 
class of officers. Aristotle 6 divides all public offices 
into three classes : upxai or magistracies, kinfii'keiai 
or administrations, and vTvypeaiat or services. Now 
all public officers at Athens, in as far as they were 
the representatives of the people or the executors of 
its will, were appointed by the people itself or by 
the senate ; and with the exception of some sub- 
altern military officers, we never find that one pub- 
lie officer was appointed by another. A public offi- 
cer, therefore, when he appointed another person to 
perform the lower or more mechanical parts of his 
office, could not raise him to the rank of a public 
officer, but merely engaged him as his servant (vrtr)- 
piTTje), and on his own responsibility. These vrnj- 
perai, therefore, were not public officers, properly 
speaking, but only in as far as they took a part in 
the functions of such officers. The original and 
characteristic difference between them and real pub- 
lic officers was, that the former received salaries, 
while the latter had none. Among the vitriptrai 
were reckoned the lower classes of scribes (vid. 
Grammateus), heralds, messengers, the ministers 
of the Eleven, and others. This class of persons, 
as might be supposed, did not enjoy any high de- 
gree of estimation at Athens, 7 and from Aristotle 8 
it is clear that they were not always Athenian citi- 
zens, but sometimes slaves. 

"HYPERICUM (virepucov), a species of Saint 
John's Wort, but there is some difficulty in deter- 
mining to what particular species it belongs. Sib- 
thorp prefers the H. crispum; Sprengel the barbatum, 
Jacqu. 9 

HYPEROON. (Vid. House, Greek, p. 515.) 

HYPEUTHYNUS (virevdvvog). (Vid. Euthyne.) 

'YITOBOAH2 TPA<PH (vno6olfig ypa^v). Of this 
action we learn from the Lex. Rtiet. that it was one 
of the many institutions calculated to preserve the 
purity of Attic descent, and preferred against per- 
sons suspected of having been supposititious chil- 
dren. If this fact was established at the trial, the 
pretended citizen was reduced to slavery, and his 
property confiscated. 

1. (Dioscor., iv., 69. — Adams, Append., s. v.) — 2. (Thucyd., 
vi., 31, with Goller's note.— Demosth., c. Polycl., p. 1214, 1216, 
&c — Polyb., v., 109.) — 3. (Pollux, Onom., i., 1, 16. — Id. ib., 
viii., 10.)— 4. (Clitarchus ap. Athen.. vi., p. 267. — Compare Pol. 
lux, vii., 8, 2. — Hesych., s. v.) — 5. (fiockh, Staatsh., i., p. 292. 
— Xen., Cyrop., ii., 1, 31.)— 6. (Polit., vi., 5.)— 7. (Pollux 
Onom., vi., 31.)— 8. (Polit., iv., 12.)— 9. (Dioscor., iii., 161.) 

523 



HYSTRIX. 



TANUA. 



HYPOCAUSTUM. (Vid. Baths, p. 151.) 

HYPODEMA. (Vid. Calceus.) 

HYPOGE'UM. (Vid. Conditorium.) 

♦HYPOGLOSSON ( vnoyloaoov \ a plant, the 
Ruscus hypoglossum, according to Matthiolus and 
Sprengel. 1 

HYPOGRAMMATEUS. (Vid. Grammateus.) 

*HYPOLA'IS (vTrolaic), a bird mentioned by Ar- 
istotle, and the name of which Gaza translates into 
Latin by Curuca. Gesner inclines to the opinion 
that it is the Titlark, or Anthus pratensis, Bechstein 2 

HYPOMOSIA. (Vid. Diaitetai, p. 354; Dice, 
p 358.) 

HYPORCHE'MA (v7r6p X Vf*a) was a lively kind of 
mimic dance which accompanied the songs used in 
the worship of Apollo, especially among the Dorians. 
It was performed by men and women. 3 A chorus 
of singers at the festivals of Apollo usually danced 
around the altar, while several other persons were 
appointed to accompany the action of the song with 
an appropriate mimic performance (viropxelodat). 
The hyporchema was thus a lyric dance, and often 
passed into the playful and comic, whence Athenae- 
us* compares it with the cordax of comedy. It had, 
according to the supposition of Muller, like all the 
music and poetry of the Dorians, originated in 
Crete, but was at- an early period introduced in the 
island of Delos, where it seems to have continued 
to be performed down to the time of Lucian. 5 A 
similar kind of dance was the yipavoq, which The- 
seus, on his return from Crete, was said to have 
performed in Delos, and which was customary in 
this island as late as the time of Plutarch. 6 The 
leader of this dance was called yepavovXtcog. 7 It 
was performed with blows, and with various turn- 
ings and windings (kv pvdfiiJ Trepteli^eic not uveli^ecc 
exovrt), and was said to be an imitation of the wind- 
ings of the Cretan labyrinth. When the chorus was 
£t rest, it formed a semicircle, with leaders at the 
two wings. 8 

The poems or songs which were accompanied by 
the hyporchern were likewise called hyporchemata. 
The first poet to whom such poems are ascribed 
was Thaletas ; their character must have been in 
accordance with the playfulness of the dance which 
bore the same name, and by which they were ac- 
companied. The fragments of the hyporchemata 
of Pindar confirm this supposition, for their rhythms 
are peculiarly light, and have a very imitative and 
graphic character. 9 These characteristics must 
have existed in a much higher degree in the hypor- 
chematic songs of Thaletas. 10 

HYPOTHE'CA. (Vid. Pignus.) 

HYPOTHECARIA ACTIO. (Vid. Pignus.) 

HYPOTIME'SIS. (Vid. Census.) 

*HYS(t>f). (Vid. Sus.) 

*HYSSO'PUS (vccuirog), the Hyssop. " Consid- 
erable doubts have been entertained," says Adams, 
" whether the ancient Hyssop was the same as the 
modern. Sprengel is disposed to hold the Origanum 
JEgyptiacum as being the vaownoc of the Greeks. 
However, Matthiolus, Cordus, Fuchsius, and most 
of the older authorities, with the exception of Bau- 
hin, refer it to the H. officinalis. It is worthy of re- 
mark, that the medicinal powers of the Hyssop, as 
given by Dr. Hill, agree exactly with those of the 
haauTTor as given by Dioscorides. This appears to 
me a strong presumption of their identity." 11 

♦HYSTRIX (vorpiZ), the Crested Porcupine, or 

1. (Dioscor., iv., 130. — Adams, s. v.) — 2. (Aristot., H. A., vi., 
7. — Adams, Append., s. v.)— 3. (Athen., xiv., p. 631.) — 4. (xiv., 
B. 630.) — 5. (Athen., i., p. 15. — Lucian, De Saltat., 16. — Com- 
pare MuDer, Dor., ii., 8, v 14.) — 6. (Thes., 21.) — 7. (Hesych., 
,. v.)— 8. (Pollux, Onom., iv., 101.)— 9. (Bc'ickh, De Metr. Pind., 
p. 201, &c, and p. 270.) — 10. (Muller, Hist, of Gr. Lit., i., p. 
23, &c, compared with p. 160.) — 11. (Dioscor., iii., 27. — Adams, 
Append., s. v.) 
524 



Hystrix cristata, Ii. The belief entertained in both 
ancient and modern times, that the Porcupine darta 
out its quills when irritated, would appear to be foi 
the most part founded in mistake or imagination. 
The truth of the matter is, that, when frightened, 
many of its quills drop out. It* is supposed to bo 
the Kephod of Scripture. 1 

I. J. 

JA'CULUM. (Vid. Hasta, p. 489.) 

JA'NITOR. (Vid. Janua, p. 527.) 

JANUA (&vpa), a Door. Besides being applica> 
ble to the doors of apartments in the interior of a 
house, which were properly called ostia* this term 
more especially denoted the first entrance into tha 
house, i. c, the front or street door, which was als« 
called anticum, 3 and in Greek -&vpa avheioc., avktia^ 
avkioq, or avlia* The houses of the Romans com- 
monly had a back door, called posticum, postica, 01 
posticula,* and in Greek -napadvpa, dim. izapadvpiov, 
Cicero 6 also calls it pseudothyron, " the false door," 
in contradistinction to janua, the front door ; and, 
because it often led into the garden of the house,' 1 
it was called the garden- door (unrcala*). 

The doorway, when complete, consisted of foui 
indispensable parts ; the threshold or sill ; the lin- 
tel ; and the two jambs. 

The threshold (limen, firjloe, ovdac) was the ob- 
ject of superstitious reverence, and it was thought 
unfortunate to tread on it with the left foot. On 
this account, the steps leading into a temple were 
of an uneven number, because the worshipper, after 
placing his right foot on the bottom step, would then 
place the same foot on the threshold also. 9 Of this 
an example is presented in the woodcut, p. 61. 

The lintel (jugumentum, 19 super cilium 11 ) was also 
called limen, 1 * and more specifically limen superum, 
to distinguish it from the sill, which was called li- 
men inferum. x% Being designed to suppoit a super- 
incumbent weight, it was generally a single piece, 
either of wood or stone. Hence those lintels which 
still remain in ancient buildings astonish us by their 
great length. In large and splendid edifices, the 
jambs or door-posts (pastes, oTadp.oi) were made to 
converge towards the top, according to certain rules 
which are given by Vitruvius. 1 * In describing the 
construction of temples, he calls them antepagmenta, 
the propriety of which term may be understood from 
the ground- plan of the door at p. 215, where the 
hinges are seen to be behind the jambs. This plan 
may also serve to show what Theocritus means by 
the hollow door-posts {craBfia Kolla -Qvpauv 1 *). In 
the Augustan age it was fashionable to inlay the 
posts with tortoise-shell. 16 Although the jamb was 
sometimes nearly twice the length of the lintel, it 
was made of a single stone, even in the largest edi- 
fices. A very striking effect was produced by the 
height of these doorways, as well as by their costly 
decorations, beautiful materials, and tasteful propor 
tions. 

The door in the front of a temple, as it reached 
nearly to the ceiling, allowed the worshippers to 
view from without the entire statue of the divinity, 
and to observe the rites performed before it. Also, 
the whole light of the building was commonly ad- 



1. (Aristot., H. A., viii., 19.— Oppian, Cyneg., iii., 391. — Ad 
ams, Append., s. v.) — 2. (Isid., Orig., xv., 7. — Virg., JEn., vi., 
43, 81.)— 3. (Festus, s. v.) — 4. (Od., xxiii., 49.— Pind., Nem.. i., 
19— Menand., p. 87, ed. Mein. — Harpocrat., s. v. — Theophr., 
Char., 18.— Theocrit., xv., 43.— Charit., i., 2.— Herodian, ii., 1.) 
—5. (Festus. s.v.— Hor., Epist., I., v., 31. — Apul., Met., ii., 9.- • 
Plaut., Most'., III., iii., 27.— Suet., Claud , 18 )— 6. (Post. Red., 
6.)— 7. (Plaut., Stich., III., i., 40-44.)— 8. ( Her mi pp. ap. Athen., 
XVm 6.)— 9. (Vitruv., iii., 4.)— 10. (Cato, De Re Rust., 14.)— 11. 
(Vitruv., iv., 6.)— 12. (Juv., vi., 227.)— 13. (Plaut., Merc, V., 
i„ 1.)— 14 (1. c.)— 15. (Idyll., xxiv., 15.)— 16. (Virg., Georg.,ii* 
463.) 



JAJMUA. 



JAN LA 



mitKsd through the same aperture. These circum- 
stances are illustrated in the accompanying wood- 
cut, showing the front of a small Temple of Jupiter, 




taken from a bas-relief. 1 The term antepagmentum, 
which has heen already explained, and which was 
applied to the lintel as well as the jambs (antepag- 
ncntum superius*), implies that the doors opened in- 
ward. This is clearly seen in the same woodcut, 
and is found to be the construction of all ancient 
buildings at Pompeii and other places. In some of 
these buildings, as, for example, in that called "the 
house of the tragic poet," even the marble thresh- 
old rises about an inch higher than the bottom of 
the door, 3 so that the whole frame of the door was 
in every part behind the door-case. After the time 
of Hippias, the street-doors were not permitted to 
open outwardly at Athens,* and hence evdovvai. 
meant to open the door on coming in, and emoira- 
aacrdat or efalKvoaodai to shut it on going out. In 
a single instance only were the doors allowed to 
open outwardly at Rome ; an exception was made 
as a special privilege in honour of Marcus Valerius. 6 
The lintel of the oblong door-case was, in all large 
and splendid buildings, such as the great temples, 
surmounted either by an architrave and cornice, or 
by a cornice only. As this is not shown in the bas- 
relief above introduced, an actual doorway, viz., 
that of the Temple of Hercules at Cora, is here 
added. Above the lintel is an architrave, with a 
Latin inscription upon it, and above this a project- 
ing cornice, supported on each side by a console, 
which reaches to a level with the bottom of the 
lintel. The top of the cornice (corona summed) co- 
incided in height with the tops of the capitals of the 
columns of the pronaos, so that the doorway, with 
its superstructure, was exactly equal in height to 
the columns and the Ant^e. This superstruction 
was the hyperthyrum of Vitruvhis, 7 and of the Greek 
architects whom he followed. The next woodcut 
shows one of the two consoles which support the 
cornice of a beautiful Ionic doorway in the Temple 
of Minerva Folias at Athens. In the inscription re- 
lating to the building of that temple, which is now 
in the Elgin collection of the British Museum, the 
object here delineated is called ovc. tcj vTrepdvpu. 
Other Greek names for it, used by Vitruvius, 8 are 

1. (Mem. Matt., V., iii., Tab. 39.)— 2. (Vitruv., iv., 6, 1.)— 3. 
(Gell's Pompeiana, 2d ser., i., p. 144.)— 4. (Becker, Charikles, 
i., p. 189, 200.)— 5. (Plut., Poplic— Schneider in Vitruv., iv., 6, 
6.)— 6. (Vjtruv. iv., 6, 1.)— 7. (1. c.)— 8. (iv., 6, 4 ) 




pnrotis and ancon, literally a "side-ear" and "an 
elbow." The use of consoles, or trusses, in this 
situation, was characteristic of the Ionic style of 
architecture, being never admitted in the Doric. 
It is to be observed that Homer, 1 Hesiod, 9 and He- 
rodotus 3 use the term VTzepdvpov, or its diminutive 
vTTi-pdvpiov, to include the lintel. Upon some part 
of the hyperthyrum there was often an inscription, 
recording the date and occasion of the erection, as 
in the case of the Temple of Hercules above repre- 
sented, or else merely expressing a moral senti- 
ment, like the celebrated " Know thyself" upon the 
temple at Delphi. 

The door itself was called foris or valva, and in 
Greek caviq;, nlio'iac., or ftvperpov. These words 
are commonly found in the plural, because the door- 
way of every building of the least importance con- 
tained two doors folding together, as in all the in- 
stances already referred to. When foris is used in 
the singular, we may observe that it denotes one of 
the folding doors only, as in the phrase foris crepuit, 
which occurs repeatedly in Plautus, and describes 
the creaking of a single valve, opened alone and 
turning on its pivots. Even the internal doors of 
houses were bivalve ;* hence we read of " the fold- 
ing-doors of a bedchamber" (fores cubiculi;* oavl- 
<Jec ev apapvlai ; 6 irvlai dnrlaV). But in every case 
each of the two valves was wide enough to allow 
persons to pass through without opening the other 
valve also. Even each valve was sometimes dou- 
ble, so as to fold like our window-shutters (duplice* 
complicabilesque 9 ). The mode of attaching doors to 
the doorway is explained under the article Cardo. 

The remaining specimens of ancient doors are alii 
of marble or of bronze ; those made of wood, which 
was by far the most common material, have perish- 
ed. The door of a tomb at Pompeii 9 is made of a 
single piece of marble, including the pivots, whicl» 
were encased in bronze, and turned in sockets o? 
the same metal. It is 3 feet high, 2 feet 9 inches* 
wide, 4i inches thick. It is cut in front to resem 
ble panels, and thus to approach nearer to the ap 
pearance of a common wooden door, and it war 
fastened by a lock, traces of which remain. Thr 
beautifully-wrought tombs of Asia Minor (see p. 
457) and other Eastern countries have stone doors, 
made either to turn on pivots or to slide sideway* 



1. (Od„ vii., 90.)— 2. (Scut., 271.)— 3. (i., 179.)— 4. (GeU'» 
Pompeiana, 2d ser., i.,p. 166.)— 5. (Suet., Octav., 82— Q. Curt % 
v., 6.)— 6. (Horn., Od., xxiii., 42.)— 7. (Soph., lEd. Tyr., 1281.) 
—8. (Isid., Orig., xv., 7.)— 9. (Mazois. Ruines de Poinp^i, torn 
i., pi. xix., fig. 4.) 

525 



JANUA. 



jANUA. 



to grooves. Doors of bronze are often mentioned 
by ancient writers. 1 The doors of a supposed tem- 
ple of Remus, still existing at Rome, and now oc- 
cupied as a Christian church, are of this material. 
Mr. Donaldson 2 has represented them as filling up 
Ihe lower part of the doorway of the temple at Co- 
ra, as shown in the last woodcut, which is taken 
from him. The four panels are surrounded by rows 
of small circles, marking the spots on which were 
fixed rosettes or bosses, similar to those which are 
described and figured in the article Bulla, and 
which served both to strengthen and to adorn the 
doors. The leaves of the doors were sometimes 
overlaid with gold, as in the Temple of Solomon at 
Jerusalem , 3 at other times they were enriched with 
Ihe most exquisite carving. 4 Those in the Temple 
of Minerva at Syracuse are said by Cicero 5 to have 
exceeded all others in the curious and beautiful 
workmanship executed upon them in gold and ivory. 
" It is incredible," says he, " how many Greeks 
have left writings descriptive of the elegance of 
these valves " One of the ornaments was " a most 
beautiful Gorgon's head, with tresses of snakes," 
probably occupying the centre of a panel. In addi- 
tion to the sculptures upon the valves themselves, 
the finest statues were sometimes placed beside 
them, probably at the base of the antepagmenta, as 
in the magnificent Temple of Juno in Samos. 6 In 
the fancied palace of Alcinous, 7 the door-case, which 
was of silver, with a threshold of bronze, included 
folding- doors of gold ; while dogs, wrought in gold 
and silver, guarded the approach, probably disposed 
like the avenue of sphinxes before an Egyptian tem- 
ple. As luxury advanced among the Romans, 
metal took the place of wood, even in the doors of 
the interior of a house. Hence the quaestor Sp. 
Carvilius reproved Camillus for having his cham- 
ber doors covered with bronze (arata ostia 6 ). 

A lattice-work is to be observed above the bronze 
floors in the last woodcut, Mr. Donaldson having 
btrodueed it on the authority more especially of 
the Pantheon at Rome, where the upper part of the 
doorway is filled with a window such as that here 
represented. Tr'fcnivias 9 calls it the hypatrum, and 
his language implied ;i& ": 'wis commonly used in 
temples. 

The folding-doors exhibited in the last woodcut, 
instead of a rebate such as we employ, have an up- 
right bronze pilaster standing in the middle of the 
doorway, so as to cover the joining of the valves. 
The fastenings of the door (claustra ; 10 obices) com- 
monly consisted in a bolt (pessulus; fidvdaXoc, icaro- 
X?vg, uTieldpov, Att. nhfidpov 11 ) placed at the base of 
each foris, so as to admit of being pushed into a 
socket made in the sill to receive it (-rzvd/xrjv 12 ). The 
Pompeian doorways show two holes corresponding 
to the bolts of the two fores ; 13 and they agree with 
numerous passages which mention in the plural 
number "■ the bolts," or " both the bolts" of a door. 1 * 

The annexed woodcut shows an ancient bolt pre- 
served in the Museum at Naples. 15 

By night the front door of the house was farther 
secured by means of a wooden and sometimes an 
iron bar (sera, repagula, fiox^og) placed across it, 
j*nd inserted into sockets on each side of the door- 
way. 16 Hence it was necessary to remove the bar 
{tqv fiox^bv irapdQepeLv) in order to open the door 

1 (Herod., i., 179. — Plin., H. N., xxxiv., 7.)— 2. (Collection 
$/ Doorways from Ancient Buildings, London, 1833, pi. 21.) — 
S. (J Kings, vi., 32-35.)— 4. (Ovid, Met., viii., 705.— Virg.,Georg., 
hi., S6.— Id., JEn., vi., 20-33.)— 5. (Verr., II., iv., 56.)— 6. (Cic, 
Verr., II., i., 23.)— 7. (Od., vii., 83-94.)— 8. (Plin.,1. c.)— 9. (iv., 
», 1.)— 10. (Ovid, Amor., I., vi., 17.)— 11. (Soph., CEd. Tyr., 
1262, 1287, 1294.) — 12. (Soph., CEd., Tyr., 1261.) — 13. (Gell, 
Pompoiana, 2d ser., i., p. 187.) — 14. (Plaut., Aul., I., ii., 26. — 
Cure., I., ii., 60-70. — Soph., 11- cc. — Callini. in Apoll., 6.) — 15. 
(Mazois, Ruines de Pompei, t. i., partie. 2, pi. vii.) — 16. (Festus, 
* v Adserere. — Ovid, Amor., i., 6, 24-56.) 
526 




(reserare). 1 Even chamber doors were secured m 
the same manner 2 (cubiculi obseratis foribus 3 ) ; and 
here also, in case of need, the bar was employed as 
a farther security, in addition to the two bolts (icXy- 
6pa avfiizepaivovreg fioxkoic.*). To fasten the door 
with the bolt was januce pessulum obdere, with the 
bar januam obserare. 5 At Athens a jealous husband 
sometimes even proceeded to seal the door of the 
women's apartment. 6 The door of a bedchamber 
was sometimes covered with a curtain. (Vid. Vk- 
lum.) 

In the Odyssey, 7 we find mention of a contrivance 
for bolting or unbolting a door from the outside, 
which consisted in a leathern thong (ifidg) inserted 
through a hole in the door, and by means of a loop, 
ring, or hook (nldg, Kfytg), which was the origin 
of keys, capable of laying hold of the bolt so as to 
move it in the manner required. The bolt, by the 
progress of improvement, was transformed into a 
lock, and the keys found at Herculaneum and Pom- 
peii (vid. Clavis), and those attached to rings, 8 
prove that among the polished Greeks and Romans 
the art of the locksmith (KXeidonocog) approached 
very nearly to its present state. 9 

The door represented in the first woodcut to this 
article has a ring upon each valve, which was used 
to shut the door, and therefore called the h-KiaTxaarrip. 
Herodotus 10 tells a story of a captive who, having 
escaped to a temple of Ceres, clung to the rings on 
the doors with both his hands. This appendage to 
the door, which was sometimes gilt and very hand- 
some, was also called, on account of its form, icpi- 
koc and /copuvjj, i. e., a "circle" or "crown ;" n and, 
because it was used sometimes as a knocker, it was 
called /5o7rrpoi'. 12 The term icopat;, " a crow," 13 prob- 
ably denoted a knocker more nearly approaching 
the form of that bird, or, perhaps, of its neck and 
head. The lowest figure in the last woodcut shows 
a richly-ornamented epispaster from the collection 
at Naples. That with a lion's head is taken frora 
a bas-relief, representing the doors of a temple, in 
the collection at Ince-Blundell, near Liverpool. Tha 
third figure is from the Neapolitan Museum. 

Before the door of a palace, or of any private 

1. (Theophrast., Char., 18. — Plutarch, Pelop., p. 517, cd. 
Steph— Plaut., Cist., iii., 18.— Ovid, Met., v., 120.)— 2. (Helio- 
dor., vi., p. 281, ed. Comni.) — 3. (Apul., Met., ix.) — 4. (Eurip., 
Orest., 1546, 1566.— Id., Iph. Aul., 345.— Id., Androm., 952.)— 
5. (Ter., Eun., iii., 5, 55.— Id. ib., iv., 6, 26.— Td., Heaut., ii., 3, 
37.)— 6. (Aristoph., Thesm., 422. — Menand., p. 185, ed. Mein.) 
—7. (i., 442 ; iv., 802 ; xxi., 6, 46-50.)— 8. (Gorlaei, Dactylioth., 
42, 205-209.) — 9. (Achill., Tat., ii., 19.) — 10. (vi., 91.) — 11 
(Horn., Od., i., 441. — Id. ib., vii., 90.) — 12. (Harpocrat., s. v.- 
Xen., Hellen., vi., 4, $ 36.)— 13. (Brunck, Anal., iii., 168.) 



JANUA. 



IATRALIPTA. 



house of a superior description, there was a passage 
ieauirig to the door from the public road, which was 
called vcslibulum 1 and Trpodvpov* It was provided 
with seats. 3 It was sometimes covered by an arch 
(vid. Camera), which was supported by two pillars,* 
and sometimes adorned with sculptures. 5 Here 
persons waited who came in the morning to pay 
their respects to the occupier of the house. 6 In the 
vestibule was placed the domestic altar. (Vid. Ara, 
p. 78.) The Athenians also planted a laurel in the 
tame situation, beside a figure designed to represent 
Apollo ; 7 and statues of Mercury were still more 
frequent, 8 being erected there on the principle of 
setting a thief to catch a thief. 9 

The Donaria offered to the gods were suspended 
not only from the Ant^e, but likewise from the 
door-posts and lintels of their temples, 10 as well as 
of palaces, which in ancient times partook of the 
sanctity of temples. 11 Victors in the games sus- 
pended their crowns at the door of a temple. 1 * In 
like manner, persons fixed to the jambs and lintels 
of their own doors the spoils which they had taken 
in battle. 13 Stags' horns and boars' tusks were, on 
the same principle, used to decorate the doors of the 
temples of Diana, and of the private individuals 
who had taken these animals in the chase. Owls 
and other nocturnal birds were nailed upon the 
doors as in modern times. 1 * Also garlands and 
wreaths of flowers were suspended over the doors 
of temples, in connexion with the performance of re- 
ligious rites or the expression of public thanksgiving, 
being composed in each case of productions suited 
to the particular divinity whom they were intended 
to honour. In this manner the corona spicea was 
suspended in honour of Ceres. 15 Bay was so 
used in token of victory, especially at Rome, 16 where 
it sometimes overshadowed the Corona Civica on 
ihe doors of the imperial palace 17 (laureatis foribus 16 ). 
The doors of private houses were ornamented in a 
similar way, and with different plants, according to 
the occasion. More especially in celebration of a 
marriage, either bay or myrtle was placed about 
the door of the bridegroom. 19 Catullus, in describing 
c.n imaginary marriage, supposes the whole vesti- 
bulum to have been tastefully overarched with the 
branches of trees. 80 The birth of a child was also 
announced by a chaplet upon the door,* 1 and a death 
was indicated by cypresses, probably in pots, placed 
in the vestibulum. 22 In addition to trees, branches, 
garlands, and wreaths of flowers, the Romans some- 
times displayed lamps and torches before the doors 
of their houses for the purpose of expressing grati- 
tude and joy. 23 Music, both vocal and instrument- 
al, was sometimes performed in the vestibulum, 
especially on occasions when it was intended to do 
honour to the master of the house or to one of his 
family. 2 * 

It was considered improper to enter a house with- 
out giving notice to its inmates. This notice the 
Spartans gave by shouting ; the Athenians and all 
other nations by using the knocker already descri- 

1. (Isid., Orig., xv., 7.— Plaut.., Most., III., ii., 132.— Gell., 
xvi., 5.)— 2. (Vitruv., vi., 7, 5.— Od., xviii., 10-100.— Herod., iii., 
35, 140.)— 3. (Herod., vi., 35.)— 4. (Servius in Virg., JEn., ii., 
469.)— 5. (Virg., JEn., vii., 181.— Juv., vii., 126.)— 6. (Gell., 
iv., 1.) — 7. (Aristoph., Thesm., 496. — Plaut., Merc, iv., 1, 11, 
12.) — 8. (Thucyd., vi., 27.) — 9. (Schol. ad Aristoph., Plut., 
1155.)— 10. (Virg., JEn., iii., 287— Id. ib., v., 360.— Ovid, Trist., 
III., i., 34.— Hor., Carm., IV., xv., 8.— Id., Epist., I., i., 5.— Id. 
)b., I., xviii., 56. — Pers., Sat., vi., 45. — Plin., H. N.,xxxv., 4.) — 
11. (Virg., JEn., ii., 503.— Id. ib., vii., 183.)— 12. (Pind., Nem., 
v., 53.) — 13. (Festus, s. v. Resignare. — Pbn., H. N., xxxv., 2.) 
—14. (Pallad., De Re Rust., i., 35.)— 15. (Tib., I., i., 21.— See 
also Virg., Ciris, 95-98.)— 16. (Ovid, Met., i., 562.)— 17. (Ovid, 
Tnst., iii., 1, 35-49.— Plin., H. N., xv., 39.)— 18. (Sen., Consol. 
ad Polyb., 35.— Val. Max., ii., 8, 7.)— 19. (Juv., vi., 79, 228.— 
Claud., De Nupt. Hon. et Mar., 208.)— 20. (Epithal. Pel. et 
Thet., 278-293.)— 21. (Juv., ix., 84.)— 22. (Plin., H. N., xvi., 
60.— Serv. in Virg., JEn., iii., 64.)— 23. (Juv., xii., 92.)— 24. 
fPind.. Nem , i., 19, 20.— Isth., i., 3.) 



bed, but more commonly by rapping with the knue* 
les or with a stick (Kpovetv, Konretv 1 ). In the hou« 
ses of the rich, a porter (janitor, custos, -dvpupoo 
was always in attendance to open the door. 1 He 
was commonly a eunuch or a slave, 3 and was chain- 
ed to his post.* To assist him in guarding the en- 
trance, a dog was universally kept near it, being 
also attached by a chain to the wall ;• and in ref- 
erence to this practice, the warning Cave Canem, 
evla6ov ttjv nvva, was sometimes written near the 
door. Of this a remarkable example occurs in " ice 
house of the tragic poet" at Pompeii, where it :s ac- 
companied by the figure of a fierce dog, wrought in 
mosaic on the pavement. 6 Instead of this harsh 
admonition, some walls or pavements exhibited the 
more gracious SALVE or XAIPE. 7 The appropri- 
ate name for the portion of the house immediately 
behind the door (dvpuv 8 ), denotes that it was a kind 
of apartment ; it corresponded to the hall or lobby 
of our houses. Immediately adjoining it, and close 
to the front door, there was in many houses a small 
room for the porter (cella, or cellulajamtori*- 9 ^vpu 
pelov 10 ). 

*IASIO'NE (laaiuvrj), a plant, which Caesalpinus 
and Bauhin suggest is the Aquilegia or Columbine. 
Stackhouse conjectures that it may be the Convol- 
vulus sepium, but Adams doubts the authority on 
which he founds this opinion. 11 

*IASPACHA'TES (laciraxarnc), the Jasper-ag- 
ate of modern mineralogists, a stone in which jas- 
per is associated with agate. (Vid. Achates.) 12 

*IASPIS (laoinc), Jasper, the Iaspis of Werner, 
Quartz Jaspe of Haiiy, and Jasper of Jameson 
Iaspis, says Pliny, is green, and often translucent : 
" What we call Jasper," observes Dr. Moore, " is of 
almost every colour, and is opaque. But still the 
ancient Iaspis may have comprehended certain va- 
rieties of green jasper ; and since agate and jasper 
are closely connected, and pass into each other, it 
is probable that there were varieties of agate also 
classed under the same head. Jameson may say 
with truth that we are ignorant of the particular 
stone denominated jasper by the ancients, for cer- 
tainly there is no one stone to which the description 
of jasper could be applied ; but in this case, as in 
others, it is evident that several different minerals 
were comprehended under a single name." " The 
Jasper," says Sir John Hill, "is a semi-pellucid 
stone ; it is much of the same grain and texture 
with the agates, but not so hard, nor capable of so 
elegant a polish, nor does it approach so near to trans- 
parency. Its general colour is green, but it is spot- 
ted or clouded with several others, as yellow, blue, 
brown, red, and white. The Heliotrope, or common 
Bloodstone, is of this kind, and very little, if at all, 
different from the Oriental Jasper." 13 

IATRALIPTA, IATRALIPTES, or IATROA- 
LIPTES ('laTpahenrTfjc), the name given by the an- 
cients to a physician who paid particular attention 
to that part of medical science called Iatraliptice. 
The name is compounded of larpoc and aleifu, and 
signifies literally a physician that cures by anointing. 
According to Pliny, 1 * they were at first only the 
slaves of physicians, but afterward rose to the rank 
of physicians themselves, and were, therefore, su- 
perior to the aliptae. (Vid. Alipt^e.) The word 



1. (Becker, Charikles, v. i., p. 230-234.— Plato, Protag., p. 151, 
159, ed. Bekker.)— 2. (Tibull., I., i., 56.)— 3. (Plato, 1. c.)— 4. 
(Ovid, Amor., i., 6. — Sueton., De Clar. Rhet., 3.) — 5. (Theocrit., 
xv., 43. — Apollod., ap. Athen., i., 4. — Aristoph., Thesm., 423.— 
Id., Lysist., 1217.— Tibull., II., iv., 32-36.)— 6. (Gell's Pomp., 
2d ser., i., p. 142, 145.)— 7. (Plato, Charm., p. 94, ed. Heindorff.) 
—8. (Soph., CEd. Tyr., 1242 —Id., Electr., 328.)— 9. (Sueton., 
Vitell., 16. — Varro, De Re Rust., i., 13.)— 10. (Pollux, Ouom. 
i., 77.)— 11. (Theophrast., H. P , i., 21.— Id., C. P., ii. 18.- Ad- 
ams, Append., s. v.) — 12. (Moore's Anc. Mineral., p. 178 ) — 13. 
(Moore's Anc. Mineral., p. 163. &c.)— 14. (H. N., xxix , 2 ) 

T,S>7 



imjb. 



IBIS. 



occurs in Paulus iEgineta, 1 Celsus, 2 and other med- 
ical writers. 

IATRALIPTICE ClarpaleiizTiKf}) was that part 
of the art and science of medicine which had for its 
object the preservation or restoration of health by 
gymnastics and different kinds of bodily exercises, 
including unctions and frictions. It was, according 
to Pliny, 3 first practised by Prodicus. (Vid. Gym- 
nasium, p. 484.) 

IA'TROS. {Vid. Medicus.) 

IATROSOPHISTA ('larpoaoQiaTT/c), an ancient 
medical title, signifying apparently (according to Du 
Cange 4 ) one who both taught medicine and also 
practised it himself; as the ancients made a dis- 
tinction between didaoKaXticr} and epyaric, the art 
and the science of medicine, the theory and the 
practice. 5 Eunapius Sardianus 6 calls them ktjr/oKrj- 
(tevovg "keyeiv te nal ■koleIv la.TpLK.7jv. The word is 
somewhat varied in different authors. Socrates 7 
calls Adamantius larpiKuv Xoyuv co<pi<7Tr}c. Steplia- 
nus Byzantinus 8 mentions rdv iarpuv aoQioTrje : 
Callisthenes (quoted in Du Cange), iarpbg ao<piarr)c : 
and Theophanes 9 coyicTfjc rr)c larpiKf/c kTriornjuiic. 
Several ancient physicians are called by this title, 
e. g., Magnes, 10 Cassius, the author of " Quaestiones 
Medicae et Naturales," and others. 

*IBE'RIS (Wnp'cc), a species of Pepperwort, now 
called Lepidium Iberis. The chapter of Dioscorides 
on the Iberis is most probably spurious. 11 

*IBIS (Uic), the Ibis, a bird held sacred by the 
Egyptians. Two species of it are described by He- 
rodotus and Aristotle, but there has been considera- 
ble difficulty in identifying these two. " Dr. Trail 
informs me," says Adams, " that, having compared 
the skeletons of the mummy- bird and of the Ibis 
religiosa, he found them identical. It is the Tan- 
talus Mthiopicus of Latham. The other Ibis of He- 
rodotus would appear to be the stork." 13 The Ibis 
is as large as a hen, with white plumage, except 
the end of the wing-quills, which are black. The 
last wing-coverts have elongated and slender barbs, 
of a black colour, with violet reflections, and thus 
cover the end of the wing and tail. The bill and 
feet are black, as well as the naked part of the head 
and neck. In the young subject, however, this 
part is covered, at least on its upper face, with 
small blackish plumes. " It is only since the publi- 
cation of Bruce's Travels," observes Griffith, " that 
positive notions have been gained respecting the 
genus to which we would refer the bird which was 
so venerated by the ancient Egyptians, and which 
they used to embalm after its death. The Ibis of 
Perault and Buffon has since been recognised for a 
tantalus ; that of Hasselquist for a heron, perhaps 
the same as the ox-bird of Shaw ; and that of Mail- 
let (Pharaoh's chicken ; Bachamah of the Arabs) for 
a vulture, Vultur Perenopterus, L. But Bruce found 
in Lower ^Ethiopia a bird which is there named 
Abou-hannes (Father John), and, on comparing it 
with the embalmed individuals, he recognised it to 
be the true black and white Ibis, with reflections on 
several parts of the body, and the same as the Men- 
gel or Abou-mengel (Father of the Sickle) of the 
Arabs. This fact has been fully confirmed by M. 
Cuvier, by an examination of mummies brought 
from Egypt by Colonel Grobert and M. Geoffroy, 
and from other mummies by M. Savigny, who also 
found in Egypt the very bird itself, and had an op- 
portunity of examining it in the living state. M. 
Guvier's memoir on the subject was first inserted 

1. (De Re Med., Hi., 47.) — 2. (De Medic, i., 1.) —3. (II. N., 
y*x.. 2.) — 4. (Gloss. Med. et Inf. Gracit.) — 5. (Damascius in 
Vita Isidori.) — 6. (De Vit. Philosoph. et Sophist., p. 168, ed. 
Antwerp, 1568.)— 7. (Hist. Eccles., vii., 13.)— 8. (s. v. Tea.)— 9. 
(lb.) — 10. (Theoph. Protospath., "De Urinis.") — 11. (Paul. 
MgLa., iii., 77. — Adams, Append., s. v.) — 12. (Aristot., H. A., 
«., 19. — Adams, Append., .«. v.) 
528 



in the Annals of the French Museum ; and in tn# 
' Ossemens Fossiles,' M. Savigny has published a 
natural and mythological history of the same bird 
M. Cuvier having found in the mummy of an Ibis 
the undigested remains of the skin and scales ol 
serpents, concluded that these birds in reality fed 
upon those reptiles. M. Savigny having never 
found any in the stomach of such individuals of the 
present time as he dissected, came to a contrary 
conclusion, which seemed to him to be substantia- 
ted by the natural habits and organization of the 
Ibis, confirmed by analogy, and farther corroborated 
by the testimony of the modern Egyptians. He 
does not, indeed, attempt to deny the fact stated by 
the baron, but he observes that it is an isolated one, 
and that the learned professor does not specify the 
exact position of the debris of serpents of which he 
speaks. M. Savigny adds, first, that, according to 
Herodotus, before the Egyptians proceeded to em- 
balm an Ibis, they removed the intestines, which 
were reputed to be excessively long ; secondly, tha', 
he has himself found in the interior of one of these; 
mummies no remains of viscera and soft parts, but 
a multitude of the larva? or nymphae of insects of 
different species ; thirdly, that, moreover, certain 
species of serpents were reckoned among the sacred 
animals, and that mummies of such serpents have 
been discovered in the grottoes of Thebes ; fourthly, 
that many of the mummies of the Ibis, which were 
taken from the repositories in the plains of Saccara, 
contained, under a general envelope, aggregations 
of different animals, whose debris alone were col- 
lected. We may remark, also, that the remains of 
serpents mentioned by M. Cuvier were not yet di- 
gested, which would naturally be the case under 
the supposition that they had not even been intro- 
duced into the alimentary canal. 

"When we consider the assertions of Herodotus 
respecting the supposed service rendered to Egypt 
by these birds, in delivering it from serpents, we 
shall find that the chief stress is laid upon their an- 
tipathy for these reptiles, which they were said to 
combat and destroy ; but their organization seems but 
little calculated to enable them to succeed in enter- 
prises of this kind. Besides, the animals which are 
wont to rid us of pernicious species, do so, not from 
a hatred and antipathy which they bear to such 
species, but rather from the pleasure which they 
experience in devouring and feasting on them. 
This, assuredly, is a distinction of some weight 
It may also be remarked, that the food of animals 
is always the same, except in cases of dearth, which 
dearth is never wantonly created by the animals 
themselves. If serpents of any kind were the nat- 
ural aliment of the Ibis, instead of preventing them 
from penetrating into the country where these birds 
were destined to pass a portion of the year, the lat- 
ter would rather follow them into the places of theii 
retreat. If we add to these considerations the rec- 
ollection that sandy countries are the suitable hab- 
itats of serpents, while hum'd situations are besl 
adapted to the Ibis, we shall find fresh cause to re- 
ject the opinion of Herodotus as fabulous. It could 
not, indeed, have been received with any great de- 
gree of confidence by his countrymen, since the first 
naturalist of Greece has passed over in silence th«* 
antipathy of the Ibis to the serpent, and their sup- 
posed combats. If Herodotus, who tells us that he 
had himself seen, on the confines of Arabia, and at 
the place where the mountains open on the plains 
of Egypt, the fields covered with an incredible num- 
ber of accumulated bones, and instances these bonea 
as the remains of reptiles destroyed by the Ibis, vi hen 
they were on the point of entering Egypt, it w 
merely a simple opinion which he gives upon a fact 
which could not have originated from any such 



ICHNEUMON. 



ICHNEUMON 



cause These immense debris of fishes and other 
vertehrated animals, which in the course of time 
have been heaped up in some narrow place, after- 
ward abandoned by the waters, cannot possibly ad- 
mit of such an explication of their origin, which is 
truly ludicrous, and could only have been adopted 
by this author in consequence of the excessive 
credulity with which he was prone to swallow pop- 
ular report. Such masses, moreover, would not 
have been preserved for any great length of time, 
had they consisted merely of the small bones of 
reptiles, incapable of making resistance against the 
attacks of birds so weak as the Ibis. 

" We must, then, look for other reasons than the 
destruction of serpents for the veneration paid to 
the Ibis by the ancient Egyptians, who admitted it 
even into their temples, and prohibited the killing 
of it under pain of death. In a country where the 
people, very ignorant, were governed only by su- 
perstitious ideas, it was natural that fictions should 
have been imagined to express with energy the 
happy influences of that phenomenon which every 
year attracts the Ibis into Egypt, and retains it 
there. Its constant presence at the epoch of that 
inundation which annually triumphs over all the 
sources of decay, and assures the fertility of the 
soil, must have appeared to the priests, and to those 
at the head of government, admirably calculated to 
make a lively impression on the minds of the people, 
to lead them to suppose supernatural and secret re- 
lations between the movements of the Nile and the 
sojourn of these inoffensive birds, and to consider 
the latter as the cause of effects exclusively owing 
to the overflow of the river." 1 " The Ibis was 
sacred to Thoth, who was fabulously reported to 
have eluded the pursuit of Typhon under the form 
of this bird. It was greatly revered in every part 
of Egypt ; and at Hermopolis, the city of Thoth, it 
was worshipped with peculiar honours, as the em- 
blem of the deity of the place. Its Egyptian name 
was Hip, from which Champollion supposes the 
town of Nibis to have been called, being a corrup- 
tion of Ma-n- hip or 'n-hip, 'the place of the Ibis.' 
Such was the veneration felt by the Egyptians for 
the Ibis, that to have killed one of them, even in- 
voluntarily, subjected the offender to the pain of 
death. So pure, in fact, did they consider it, that 
those priests who were most scrupulous in the per- 
formance of their sacred rites, fetched the water 
they used in their purifications from some place 
where the Ibis had been seen to drink ; it being 
observed of that bird that it never goes near any 
unwholesome and corrupted water. Plutarch and 
Cicero pretend, that the use which the Ibis made 
of its bill taught mankind an important secret in 
medical treatment ; but the bill of the bird is not a 
tube, and the nXv^ofiivvv v<p' kavrrie is a mistake. 
The form of the Ibis, when crouched in a sitting 
position, with its head under its feathers, or when 
in a mummied state, was supposed to resemble the 
human heart ; the space between its legs, when 
parted asunder as it walks, was observed to make 
an equilateral triangle ; and numerous fanciful pe- 
culiarities were discovered in this revered emblem 
of Thoth" 3 

♦ICHNEUMON (Ixvevuuv), a well-known quad- 
ruped of the Weasel kind, the Viverra Ichneumon of 
naturalists. It has been long famous in Egypt, 
where it goes by the name of Pharaoh's Rat. " If, 
in the mythological system of the ancient Egyp- 
tians," observes Lieut. Col. Smith, "the various 
living beings which people the surface of the earth 
were each entitled to particular reverence on ac- 
count of the influence which they exercise over the 

1. (Griffith's Cuvier, vol. viii., p. 513, &c.)— 2. (Wil^nson's 
Winners and Customs, vol. ii., 2d series, p. 217, <fec.) 
X x x 



economy of nature, and the part which they con 
tribute to the general harmony of the universe, the 
Ichneumon unquestionably possessed more claims 
than any other animal to the homage of that singu- 
lar people. It presented a lively image of a benefi- 
cent power perpetually engaged in the destruction 
of those noisome and dangerous reptiles which 
propagate with such terrible rapidity in hot and 
humid climates. The Ichneumon is led by its in- 
stinct, and obviously destined by its peculiar powers, 
to the destruction of animals of this kind. Not 
that it dares to attack crocodiles, serpents, and the 
larger animals of the lizard tribe, by open force, or 
when these creatures have arrived at their complete 
development. It is by feeding on their eggs that the 
Ichneumon reduces the number of these intolerable 
pests. The Ichneumon, from its diminutive size 
and timid disposition, has neither the power to 
overcome nor the courage to attack such formidable 
adversaries. Nor is it an animal of the most deci- 
dedly carnivorous appetite. Urged by its instinct 
of destruction, and guided, at the same time, by the 
utmost prudence, it may be seen, at the close of day. 
gliding through the ridges and inequalities of the 
soil, fixing its attention on everything that strikes 
its senses, with the view of evading danger or dis- 
covering prey. If chance favours its researches, it 
never limits itself to the momentary gratification of 
its appetite : it destroys every living thing within 
its reach which is too feeble to offer it any effectual 
resistance. It particularly seeks after eggs, of 
which it is extremely fond, and through this taste it 
proves the means of destruction to so many croco- 
diles. That it enters the mouth of this animal 
when asleep, as Diodorus gravely informs us, and, 
gliding down its throat, gnaws through its stom. 
ach, is as much true as that it attacks it when ' 
awake. This is either a fable which never had 
any foundation, or, like many other marvels, it has 
ceased in our unbelieving and Jess favoured era. — 
The colour of the Ichneumon is a deep brown, 
picked out with dirty white. The tail is termina- 
ted by a tuft of hairs entirely brown. The Ichneu- 
mon is about two feet seven inches in length, 
measuring from the end of the tail to the tip of the 
nose, the tail itself being one foot four inches. The 
mean stature of the animal is about eight inches." 1 
The Ichneumon was particularly worshipped by the 
Heracleopolites, who lived in a nome situated in 
the valley of the Nile, a little to the south of the 
entrance to the modern district of Fayoom. This 
nome of Heracleopolis, and the vicinity of Cairo, 
still continue, according to Wilkinson, to be the 
chief resort of the animal in question ; " and it is 
sometimes tamed and kept by the modern, as it was 
by the ancient Egyptians, to protect their houses 
from rats. But, from its great predilection for eggs 
and poultry, they generally find that the injury it 
does far outbalances the good derived from its ser- 
vices as a substitute for the cat. Herodotus says 
little respecting the Ichneumon, except that it re- 
ceived the same honours of sepulture as the domes- 
tic animals. But ^Elian tells us that it destroyed 
the eggs of the asp, and fought against that poison- 
ous reptile. Pliny, Strabo, and Julian relate the 
manner in which it attacked the. asp, and was pro- 
tected from the effect of its poisonous bite. vElian 
says it covered itself with a coat of mud, which 
rendered its body proof against the fangs of its 
enemy ; or, if no mud was near, it wetted its body 
with water, and rolled itself in the sand. Its nose, 
which alone remained exposed, was then enveloped 
in several folds of its tail, and it thus commenced 
the attack. If bitten, its death was inevitable ; but 
all the efforts of the asp were unavailable aga inst its 

1. (Griffith's Cuvier, vol. ii., p. 392, &c.) 

529 



IMPERIUM. 



IMPERIUM. 



artificial coat of mail, and the Ichneumon, attacking 
it on a sudden, seized it by the throat, and immedi- 
ately killed it. Thus much for the ancient story. 
Modern experience, on the other hand, proves that, 
without having recourse to a cuirass of mud, the 
Ichneumon fearlessly attacks snakes, and, the mo- 
ment it perceives them raise their head from the 
ground, it seizes them at the back of the neck, and 
with a single bite lays them dead before it." 1 

*ICTIS (lktlc). {Vid. Mustela.) 

1DUS. (Vid. Calendar, Roman.) 

IGNOMI'NIA. (Vid. Infamia.) 

IMPERA'TOR. (Vid. Imperium.) 

IMPE'RIUM. Gaius, 2 when making a division 
of judicia into those quae legitimo jure consistunt 
and those quae imperio continentur, observes that 
the latter are so called because they continue in 
force during the imperium of him who has granted 
them. This division of judicia had merely reference 
to the time within which a judicium must be prose- 
cuted, and to the jurisdictio of him who had granted 
them. Legitima judicia were those which were 
prosecuted in Rome or within the first miliarium, 
between Roman citizens, and before a single judex. 
By a lex Julia judiciaria, such judicia expired un- 
less they were concluded within a year and six 
months. All other judicia were said imperio con- 
tineri, whether conducted within the above limits 
before recuperatores or before a single judex, when 
either the judex or one of the litigant parties was a 
peregrinus, or when conducted beyond the first mil- 
iarium either between Roman citizens or peregrini. 
From this passage it follows that there were judi- 
cia quae imperio continebantur, which were granted 
in Rome, which is made clearer by what follows. 
There was a distinction between a judicium ex 
ege, that is, a judicium founded upon a particular 
ex, and a judicium legitimum ; for instance, if a 
man sued in the provinces under a lex, the Aquilia, 
for example, the judicium was not legitimum, but 
was said imperio contineri, that is, the imperium of 
the praeses or proconsul who gave the judicium. 
The same was the case if a man sued at Rome ex 
lege, and the judicium was before recuperatores, or 
there was a peregrinus concerned. Jf a man sued 
under the praetor's edict, and, consequently, not ex 
iege, and a judicium was granted in Rome, and the 
same was before one judex, and no foreigner was 
concerned, it was legitimum. The judicia legitima 
are mentioned by Cicero ; 3 but it may, perhaps, be 
doubted if he uses the term in the sense in which 
Gaius does. It follows, then, that in the time of 
Gaius, so long as a man had jurisdictio, so long was 
he said to have imperium. Imperium is defined by 
Ulpian* to be either merum or mixtum. To have 
the merum imperium is to have " gladii potestatem 
ad animadvertendum in facinorosos homines,'''' that 
is, " mixtum imperium cui etiam jurisdictio inest." 
It appears, then, that there was an imperium which 
was incident to jurisdictio ; but the merum or pure 
imperium was conferred by a lex. 5 The mixtum 
imperium was nothing more than the power neces- 
sary for giving effect to the jurisdictio. There 
might, therefore, be imperium without jurisdictio, 
but there could be no jurisdictio without imperium. 

Imperium is defined by Cicero 6 to be that "sine 
quo res militaris administrari, teneri exercitus, helium 
gcri non potest." As opposed to potestas, it is 
the power which was conferred by the state upon 
an individual who was appointed to command an 
army. The phrases Consularis Potestas and Con- 
sularc Imperium might both be properly used ; but 
the expression Tribunitia Potestas only could be 

1. (Wilkinson, p. 154, &c.)— 2. (iv., 103.)— 3. (Pro Roac. 
Com, 5.— Id., Or. Part., 12.)— 4. (Dig. 2, tit. 1, s. 3.)— 5. (Dig. 
J tit. 21,s. l.)-6. (Phil., v., 16.) 
530 



used, as the tribuni never received infc 'unpenum. 
In Veil. Paterc, ii., 2, imperium is improperly used. 
A consul could not act as commander of an grmy 
(attingere rem militarem) unless he were empowered 
by a lex Curiata, which is expressed by Livy 2 thus : 
" Comitia curiata rem militarem continent.'" Though 
consuls were elected at other comitia, the comitia 
curiata only could give them imperium. 3 This 
was in conformity with the ancient constitution, 
according to which an imperium was conferred on 
the kings after they had been elected : " On the 
death of King Pompilius, the populus in the comitia 
curiata elected Tullus Hostilius king, upon the ro- 
gation of an interrex ; and the king, following the 
example of Pompilius, took the votes of the populus 
according to their curiae on the question of his im- 
perium."* Both Numa 5 and Ancus Marcius, 6 the 
successor of Tullus, after their appointment as 
reges, are severally said " Be Imperio suo legem 
curiatam tulisse." It appears, then, that from the 
kingly period to the time of Cicero, the imperium, 
as such, was conferred by a lex Curiata. 

The imperium of the kings is not defined by Ci- 
cero. It is declared by modern writers to have 
been the military and the judicial power, but these 
writers have not explained what they precisely mean 
by the term "judicial power." It may be conjec- 
tured that the division of imperium, made by the 
jurists, was in accordance with the practice of the 
republican period : there was during the republican 
period an imperium within the walls which was in- 
cident to jurisdictio, and an imperium without the 
walls which was conferred by a lex Curiata. There 
are no traces of this separation in the kingly period, 
and it is probable that the king received the impe- 
rium in its full import, and that its separation into 
two parts belongs to the republican period. The 
imperium, which was conferred by a lex under the 
Republic, was limited, if not by the terms in which 
it was conferred, at least by usage : it could not be 
held or exercised within the city. It was some- 
times specially conferred on an individual for the 
day of his triumph within the city, and, at least in 
some cases, by a plebiscitum. 7 

The imperium was as necessary for the governor 
of a province as for a general who merely com- 
manded the armies of the Republic, as he could not, 
without it, exercise military authority (rem militarem 
attingere). So far as we can trace the strict prac- 
tice of the Roman constitution, military command 
was given by a special lex, and was not incident to 
any office, and might be held without any other of- 
fice than that of imperator. It appears that in the 
time of Cicero there were doubts as to the necessi- 
ty of the lex in some cases, which may have grad- 
ually arisen from the irregular practices of the civil 
wars, and from the gradual decay of the old institu- 
tions. Cicero, in a passage which is not very clear, 8 
refers to a Cornelia lex, according to which an in- 
dividual who had received a province ex senatus 
consulto thereby acquired the imperium without 
the formality of a lex Curiata. 

The imperium (merum) of the Republic appears 
to have been (1), a power which was only exercised 
out of the city ; (2), a power which was specially 
conferred by a lex Curiata, and was not incident 
to any office ; (3), a power without which no miii 
tary operation could be considered as done in tha 
name and on the behalf of the state. Of this a no- 
table example is recorded in Livy, 9 where the sen- 
ate refused to recognise a Roman as commander be- 
cause he had not received the imperium in due form. 

In respect of his imperium, he who received it 

1. (Liv.,vi., 37.)— 2. (v.. 52.)— 3. (Liv., v., 52.)— 4. (Cic, Re- 
pub., ii., 17.)— 5. (ii., 13.)— 6. (ii., 18.)— 7. (Liv., xxvi.,21.— Id., 
xlv., 35.) -8. (ad Fam.. i., 9.)— 9. (xxvi., 2.) 



IMPUBES. 



IMPUBES. 



was styled impe.ator: he might be a consul or a 
proconsul. It was an ancient practice, observes 
Tacitus, 1 for the soldiers of a victorious general to 
salute him by the title of imperator; but in the 
instance referred to by Tacitus, the Emperor Tibe- 
rius allowed the soldiers to confer the title on an 
individual who had it not already ; while under the 
Republic, the title, as a matter of course, was given 
with the imperium ; and every general who re- 
ceived the imperium was entitled to the name of 
imperator. After a victory it was usual for the sol- 
diers to salute their commander as imperator ; but 
this salutation neither gave nor confirmed the title. 
Under the Republic, observes Tacitus, there were 
several imperatores at a time : Augustus granted 
the title to some; but the last instance, he adds, 
of the title being conferred was in the case of Blae- 
sus, under Tiberius. There were, however, later 
instances. The assumption of the praenomen of 
imperator by Julius Caesar 2 was a manifest usurpa- 
tion. Under the Republic the title came properly 
after the name ; thus Cicero, when he was procon- 
sul in Cilicia, could properly style himself M. T. 
Cicero Imperator, for the term merely expressed 
that he had the imperium. Tiberius and Claudius 
refused to assume the praenomen of imperator ; but 
the use of it as a praenomen became established 
among their successors, as we see from the impe- 
rial coins. The title imperator sometimes appears 
on the imperial medals, followed by a numeral (VI. 
for instance), which indicates that it was specially 
assumed by them on the occasion of some great 
victory ; for, though the victory might be gained by 
their generals, it was considered to be gained under 
the auspices of the imperator. 

The term imperium was applied in the republican 
period to express the sovereignty of the Roman 
state. Thus Gaul is said by Cicero 3 to have come 
under the imperium and ditio of the populus Ro- 
manus ; and the notion of the majestas populi Ro- 
mani is said to be "in imperii atque in nominis 
populi Romani dignitalc."* 

IMPLU'VIUM. (Vid. House, Roman, p. 516.) 

IMPU'BES. An infans {vid. Infans) was inca- 
pable of doing any legal act. An impubes, who had 
passed the limits of infantia, could do any legal act 
with the auctoritas of his tutor ; without such auc- 
toritas he could only do those acts which were for 
his benefit. Accordingly, such an impubes, in the 
case of obligatory contracts, could stipulate {stipula- 
ri), but not promise {promittere) ; in other words, as 
Gaius 6 expresses it, a pupillus could only be bound 
by the auctoritas of his tutor, but he could bind an- 
other without such auctoritas. {Vid. Infans.) 

But this remark as to pupilli does not apply to 
those who are infantes or infanti proximi, though in 
the case of the infanti proximi a liberal interpreta- 
tion was given to the rule of law {benignior juris in- 
terpretatio), by virtue of which a pupillus, who was 
infanti proximus, was placed on the same footing 
as one who was pubertati proximus, but this was 
done for their benefit only {propter utilitalem eorum), 
and, therefore, could not apply to a case where the 
pupillus might be a loser. 6 An impubes who was 
in the power of his father could not bind himself 
even with the auctoritas of his father ; for, in the 
case of a pupillus, the auctoritas of the tutor was 
only allowed in respect of the pupillus having prop- 
erty of his own, which a son in the power of his fa- 
ther could not have. 

In the case of obligationes ex delicto, the notion 
of the auctoritas of a tutor was of course excluded, 

*• (Ann., iii., 74.)— 2. (Suet., Jul., 76.)— 3. (Pro Font., 1.)— 4. 
(Cic, Or. Part., 30.— Compare the use of "Imperium" in Hor- 
w-e, Carm., i., 37; iii., 5.)— 5. (iii., 107.)-- 6. (Compare Inst.,i., 
'•t. 1, s. 19, s. 10, with Gaius, iii., 107.) 



as such auctoritas was only requisite for the yur- 
pose of giving effect to rightful acts. If the impu- 
bes was of sufficient capacity to understand the na- 
ture of his delict, he was bound by it; otherwise ha 
was not. In the case of a person who was puber- 
tati proximus, there was a legal presumption of sue)- 
capacity; but still, this presumption did not exclude 
a consideration of the degree of understanding of 
the impubes and the nature of the act, for the act 
might be such as either to be perfectly intelligible, 
as theft, or it might be an act which an impubes im- 
perfectly understood, as when he was made the in- 
strument of fraud. These principles were applica- 
ble to cases of furtum, damnum injuria datum, inju 
ria, and others ; and also to crimes in which the 
nature of the act mainry determined whether or not 
guilt should be imputed. 

An impubes could enter into a contract by which 
he was released from a debt, but he could not re- 
lease a debt without the auctoritas of his tutor. 
He could not pay money without his tutor ; nor could 
he receive money without his tutor, at least it was 
not a valid payment, because such payment was, as 
a consequence, followed by a release to the debtor. 
But since the rule as to the incapacity of an impu- 
bes was made only to save him from loss, he could 
not retain both the money and the claim. 

An impubes could not be a plaintiff or a defend 
ant in a suit without his tutor. He could acquire 
the ownership of property alone, but he could not 
alienate it without the consent of his tutor, nor could 
he manumit a slave without such consent. He 
could contract sponsalia alone, because the auctori- 
tas of the tutor has reference only to property : if 
he was in his father's power, he was, of course, en- 
tirely under his father's control. 

An impubes could acquire a hereditas with th<» 
consent of his tutor, which consent was necessary, 
because a hereditas was accompanied with obliga- 
tions. But as the act of cretion was an act that 
must be done by the heres himself, neither his tutor 
nor a slave could take the hereditas for a pupillus, 
and he was, in consequence of his age, incapable of 
taking it himself. This difficulty was got over by 
the doctrine of pro herede gestio : the tutor might 
permit the pupillus to act as heres, which had tne 
effect of cretion : and this doctrine would apply even 
in the case of infantes, for no expression of words 
was necessary in order to the pro herede gestio. In 
the case of the bonorum possessio, the father could 
apply for it on behalf of his child, and the tutor on 
behalf of his ward, without any act being done by 
the impubes. By the imperial legislation, a tutor 
was allowed to acquire the hereditas for his ward, 
and a father for his son, who was in his power ; and 
thus the doctrine of the pro herede gestio was ren- 
dered unnecessary. 

A pupillus could not part with a possession with- 
out the auctoritas of a tutor ; for, though possession 
of itself was no legal right, legal advantages were 
attached to it. As to the acquisition of possession, 
possession in itself being a bare fact, and the funda- 
mental condition of it being the animus possidendi, 
consequently the pupillus could only acquire posses- 
sion by himself, and when he had capacity to un- 
derstand the nature of the act. But with the auc- 
toritas of his tutor he could acquire possession even 
when he was an infans, and thus the acquisition of 
possession by a pupillus was facilitated, ulilitatis 
causa. There was no formal difficulty in such pos- 
session any more than in the case of pro herede 
gestio, for in neither instance was it necessary for 
words to be used. Subsequently the legal doctrine 
was established that a tutor could acquire posses- 
sion for his pupillus. 1 



1. (Dijr. 41, tit. 2, s. 1, t> 20.) 



531 



IMPUBES. 



INAUGURATIO. 



With the attainment of pubertas, a person ob- 
tained the full power over his property, and the tu- 
tela ceased : he could also dispose of his property 
by will ; and he could contract marriage. Accord- 
ing to the legislation of Justinian, 1 pubertas, in the 
case of a male, was attained with the completion 
of the fourteenth, and in a female, with the comple- 
tion of the twelfth year. In the case of a female, 
it seems that there never had been any doubt as to 
the period of the twelve years, but a dispute arose 
among the jurists as to the period of fourteen years. 
The Sabiniani maintained that the age of pubertas 
was to be determined by physical capacity (liabitu 
corporis), to ascertain which a personal examination 
might be necessary : the Proculiani fixed the age of 
fourteen complete, as that which absolutely deter- 
mined the attainment of puberty. 8 It appears, there- 
fore, that under the earlier emperors there was some 
doubt as to the time when pubertas was attained, 
though there was no doubt that with the attainment 
of puberty, whatever that time might be, full legal 
capacity was acquired. 

Until a Roman youth assumed the toga virilis, he 
wore the toga praetexta, the broad purple hem of 
which (prcetexta) at once distinguished him from 
other persons. The toga virilis was assumed at the 
Liberalia in the month of March ; and though no age 
appears to have been positively fixed for the cere- 
mony, it probably took place, as a general rule, on 
the feast which next followed the completion of the 
fourteenth year, though it is certain that the com- 
pletion of the fourteenth year was not always the 
time observed. Still, so long as a male wore the 
prcetexta, he was impubes, and when he assumed 
the toga virilis, he was pubes. Accordingly, ves- 
ticeps 3 was the same as pubes, and investis or prae- 
textatus the same as impubes. 4 After the assump- 
tion of the toga virilis the son who was in the pow- 
er of his father had a capacity to contract debts ; 
and a pupillus was released from the tutela. But 
if neither the pupillus wished to get rid of his tutor, 
nor the tutor to be released from the responsibility 
of his office (for which he received no emolument), 
the period of assuming the toga virilis might be de- 
ferred. If the pupillus and the tutor could not agree, 
it might be necessary that there should be a judicial 
decision. In such case the Proculiani maintained 
as a theoretical question, that the age of fourteen 
should be taken as absolutely determining the ques- 
tion, fourteen being the age after the attainment of 
which the praetexta had been generally laid aside. 
The Sabiniani maintained that, as the time of puber- 
ty had never been absolutely fixed, but had depend- 
ed on free choice, some other mode of deciding the 
question must be adopted, where free choice was 
out of the question, and therefore they adopted that 
of the physical development (habitus corporis). But, 
though there are allusions to this matter, 5 there is 
no evidence to show that inspection of the person 
was ever actually resorted to in order to determine 
the age of puberty. It appears that the completion 
of fourteen years was established as the commence- 
ment of pubertas. The real foundation of the rule 
as to the fourteen and the twelve years appears to 
be, that in the two sexes respectively, puberty was, 
as a general rule in Italy, attained about these ages. 
In the case of females, the time had been fixed ab- 
solutely at twelve by immemorial custom, and had 
no reference to any practice similar to that among 
males of adopting the toga virilis, for women wore 
the toga praetexta till they were married. And, far- 
ther, though the pupillaris tutela ended with females 



1. (Instit., i., tit. 22.) — 2. (Gams, i., 196. — Ulp., Frag., xi., 
88.) -- 3. (Festus, s. v.) —4. (Gell., v., 19 : " Veaticeps.") — 5. 
(Qui.ict., Inst. Or. , iv., 2.) 
532 



with the twelfth year, they were from that time sub- 
ject to another kind of tutela. 

A male had a capacity to make a will upon com- 
pleting his fourteenth, and a female upon completing 
her twelfth year ;* and the same ages, as already 
observed, determined the capacity, in the two sexes, 
for contracting a legal marriage. The dispute be- 
tween the two schools as to the time when the 
male attained the age of puberty, appears to have 
had reference to the termination of the tutela, and 
his general capacity to do legal acts ; for the test 
of the personal examination could hardly, from the 
nature of the case, apply to the capacity to make a 
will or contract a marriage, as Savigny shows. 

Spadones (males who could never attain physical 
pubertas) might make a testament after attaining 
the age of eighteen. 2 

INAUGURA'TIO was in general the ceremony 
by which the augurs obtained, or endeavoured to 
obtain, the sanction of the gods to something which 
had been decreed by man ; in particular, however, 
it was the ceremony by which things or persons 
were consecrated to the gods, whence the terms 
dedicatio and consecratio were sometimes used as 
synonymous with inauguration The ceremony of 
inauguratio was as follows : After it had been decreed 
that something should be set apart for the service 
of the gods, or that a certain person should be ap- 
pointed priest, a prayer was addressed to the gods 
by the augurs or other priests, soliciting them to de- 
clare by signs whether the decree of men was agree- 
able to the will of the gods.* If the signs observed 
by the inaugurating priest were thought favourable, 
the decree of men had the sanction of the gods, and 
the inauguratio was completed. The inauguratio 
was, in early times, always performed by the au- 
gurs ; but subsequently we find that the inaugurate 
especially that of the rex sacrificulus and of the 
flamines, was sometimes performed by the college 
of pontiffs in the comitia calata. 5 But all other 
priests, as well as new members of the college of 
augurs, continued to be inaugurated by the augurs, 
or sometimes by the augurs in combination with 
some of the pontiffs ; 6 the chief pontiff had the right 
to enforce the inauguratio, if it was refused by the 
augurs, and if he considered that there was not suf- 
ficient ground for refusing it. Sometimes one au- 
gur alone performed the rite of inauguratio, as in 
the case of Numa Pompilius ; 7 and it would seem 
that in some cases a newly-appointed priest might 
himself not only fix upon the day, but also upon the 
particular augur by whom he desired to be inaugu- 
rated. 8 

During the kingly period of Rome, this inaugura- 
tion of persons was not confined to actual priests ; 
but the kings, after their election by the populus, 
were inaugurated by the augurs, and thus became 
the high-priests of their people. After the civil and 
military power of the kings had been conferred upon 
the consuls, and the office of high-priest was given 
to a distinct person, the rex sacrorum, he was, as sta- 
ted above, inaugurated by the pontiffs in the comitia 
calata, in which the chief pontiff presided. But the 
high republican magistrates, nevertheless, likewise 
continued to be inaugurated, 9 and for this purpose 
they were summoned by the augurs (condictio, de- 
nunciatio) to appear on the Capitol on the third day 
after their election. 10 This inauguratio conferred 
no priestly dignity upon the magistrates, but was 
merely a method of obtaining the sanction of the 

1. (Gaius, ii., 113. — Paulus, S. R., iii., tit. 4, a.) — 2. (Savig- 
ny, System des heut. R. R.)— 3. (Liv., i., 44, 55. — Flor., i., 7, 
8.— Plin., Ep., ix., 39 ; x., 58, 59, 76. — Cic. in Cat., iv., 1.)— 4. 
(Liv., i., 18.)— 5. (Gell., xv., 27.)— 6. (Liv., xxvii., 8. — Id., xl., 
42.) — 7. (Liv., i., 18. — Compare Cic, Brut., 1. — Macrob , Sat., 
ii., ».)— 8. (Cic, 1. c— Philipp., ii., 43.) — 9. (Dion. ;Ial. ::., p 
80, &c)— 10. (Serv. ad Virg., -En., hi., 117.) 



INAUR1S. 



INCITEGA. 



gods to tneir election, and gave them the right to 
take auspicia ; and on important emergencies it was 
their duty to make use of this privilege. At the 
time of Cicero, however, this duty was scarcely 
ever observed. 1 As nothing of any importance was 
ever introduced or instituted at Rome without con- 
sulting the pleasure of the gods by augury, we read 
of the inauguratio of the tribes, of the comitium, &c. 

INAURIS, an Earring ; called in Greek huriov, 
because it was worn in the ear (ovc), and k2.2,66iov, 
because it was inserted into the lobe of the ear (Ao- 
66c;), which was bored for the purpose. 2 

Earrings were worn by both sexes in Oriental 
countries, 3 especially by the Lydians,* the Per- 
sians, 5 the Babylonians, 6 and also by the Libyans 7 
and the Carthaginians. 8 Among the Greeks and 
Romans they were worn only by females. 

This ornament consisted of the ring (/cpkoc 9 ) and 
of the drops (stalagmia 10 ). The ring was generally 
of gold, although the common people also wore 
earrings of bronze. See Nos. 1, 4, from the Egyp- 
tian collection in the British Museum, Instead of 




<zs 



a ring, a hook was often used, as shown in Nos. 6, 
8. The women of Italy still continue the same 
practice, passing the hook through the lobe of the 
ear without any other fastening. The drops were 
sometimes of gold, very finely wrought (see Nos. 
2, 7, 8), and sometimes of pearls 11 and precious 
stones (Nos. 3, 5, 6). The pearls were valued for 
being exactly spherical, 13 as well as for their great 
size and delicate whiteness ; but those of an elon- 
gated form, called elenchi, were also much esteemed, 
being adapted to terminate the drop, and being some- 
times placed two or three together for this purpose. 13 
In the Iliad, 1 * Juno, adorning herself in the most cap- 
tivating manner, puts on earrings made with three 
drops resembling mulberries. 15 Pliny observes 16 
that greater expense was lavished on no part of the 
dress than on the earring. According to Seneca, 17 
the earring No. 3, in the preceding woodcut, in 
which a couple of pearls are strung both above and 
below the precious stone, was worth a patrimony. 18 
All the earrings above engraved belong to the 
Hamilton collection in the British Museum. 

1. (Cic, De Divin., ii., 36.)— 2. (Horn., il.,xiv., 182.— Hymn., 
ii., in Ven., 9.— Plin., H. N., xii., 1.)— 3. (Plin., H. N., xi., 50.) 
—4. (Xcn., Anab., iii., 1, i> 31.)— 5. (Diod. Sic, v.. 45.)— 6. 
(Ju',i., 104.)— 7. (Macrob., Sat., vii., 3.) — 8. (Plaut., Poen., 
V., ii., 21.)— 9. (Diod. Sic, 1. c.) — 10. (Festus, s. v.— Plaut., 
Men., III., iii., 18.)— 11. (Plin., 11. cc— Sen., De Ben., vii., 9.— 
Ovid, Met., x., 265.— Claud., De VI. Cons. Honor., 528.— Sen., 
Hippol., H., i., 33.)— 12. (Hor., Epod., viii., 13.)— 13. (Plin.,H. 
N., ix.,56.— Juv., vi., 364.)— 14. (xiv., 182, 183.)— 15. (See Eus- 
tath,, ad loc.)— 10. (xi., 50.)— 17. (1. c.)— 18. (See also De Vita 
Beata, 17.) 



In opulent families, the care of the earrings was 
the business of a female slave, who was called 
Auricula Ornatrix. 1 The Venus de' Medici, and 
other female statues, have the ears pierced, and 
probably once had earrings in them. The statue 
of Achilles at Sigeum, representing him in female 
attire, likewise had this ornament. 2 

INCENSUS. (Vid. Caput.) 

INCESTUM. If a man married a woman whom 
it was forbidden for him to marry by positive moral- 
ity, he was said to commit incestum. 3 Such a mar- 
riage was, in fact, no marriage, for the necessary 
connubium between the parties was wanting. 

There was no connubium between persons rela- 
ted by blood in the direct line, as parents and chil- 
dren. If such persons contracted a marriage, it 
was nefariae et incestae nuptiae. There was no 
connubium between persons who stood in the rela- 
tion of parent and child by adoption, not even after 
the adopted child was emancipated. There were 
also restrictions as to connubium between collater- 
al kinsfolk (ex transverso grain cognationis) : there 
was no connubium between brothers and sisters, 
either of the whole or of the half blood ; nor be- 
tween children of the blood and children by adop- 
tion, so long as the adoption continued, or so long 
as the children of the blood remained in the power 
of their father. There was connubium between an 
uncle and his brother's daughter, after the Emperor 
Claudius had set the example by marrying Agrip- 
pina ; but there was none between an uncle and a 
sister's daughter. There was no connubium be- 
tween a man and his amita or matertera (vid. Cog- 
nati) ; nor between a man and his socrus, nurus, 
privigna, ornoverca. In all such cases, when there 
was no connubium, the children had a mother, but 
no legal father. 

Incest between persons in the direct line was 
punishable in both parties ; in other cases only in 
the man. The punishment was relegatio, as in the 
case of adultery. Concubinage between near kins- 
folk was put on the same footing as marriage.* In 
the case of adulterium and stuprum between per- 
sons who had no connubium, there was a double 
offence : the man was punished with deportatio, 
and the woman was subject to the penalties of the 
lex Julia. 5 Among slaves there was no incestum, 
but after they became free their marriages were 
regulated according to the analogy of the connu- 
bium among free persons. It was incestum to have 
knowledge of a vestal virgin, and both parties were 
punished with death. 

It does not appear that there was any legislation 
as to incestum : the rules relating to it were found- 
ed on usage (moribus). That which was stuprum 
was considered incestum when the connexion was 
between parties who had no connubium. Inces- 
tum, therefore, was stuprum, aggravated by the 
circumstance of real or legal consanguinity, and, in 
some cases, affinity. It was not the form of mar- 
riage between such persons that constituted the in- 
cestum ; for the nuptiae were incestae, and therefore 
no marriage, and the incestuous act was the sexual 
connexion of the parties. Sometimes incestum is 
said to be contra fas, that is, an act in violation of 
religion. 

INCITE'GA, a corruption of the Greek dyyoffr/Kfj 
or hyyvdfjKT], a term used to denote a piece of domestic 
furniture, variously formed according to the partic 
ular occasion intended ; made of silver, bronze, 
clay, stone, or wood, according to the circumstan- 
ces of the possessor ; sometimes adorned with fig- 
ures ; and employed to hold amphorae, bottles, ala 



1. (Gruter, Inscrip.)— 2. (Serv. inViig., JEn., i.,30.— T«!rtull., 
De Pall., 4.)— 3. (Dig. 23, tit. 2, s. 39.)— 4. (Dig. 23, tit. 2, is, 
56.)—5. (Dig. 48, tit. 18, s. 5.) 

533 



INCUS. 



INFAMIA. 



oastra. or any other vessels which were round or 
pointed at the hottom, and therefore required a sep- 
arate contrivance to keep them erect. 1 Some of 
those used at Alexandrea were triangular. 2 We 
often see them represented in ancient Egyptian 
paintings. The annexed woodcut shows three ay- 
■yodqucu, which are preserved in the British Mu- 
seum. Those on the right and left hand are of 
wood, the one having four feet, the other six ; they 
were found in Egyptian tombs. The third is a 
broad earthenware ring, which is used to support a 
Grecian amphora. 




INCORPORATES RES. (Vid. Dominium.) 
INCUNA'BULA or CUNA'BULA (ondpyavov), 
swaddling-clothes. 

The first thing done after the birth of a child was 
to wash it ; the second, to wrap it in swaddling- 
clothes ; and the rank of the child was indicated by 
the splendour and costliness of this, its first attire. 
Sometimes a fine white shawl, tied with a gold 
band, was used for the purpose ; 3 at other times a 
small purple scarf, fastened with a brooch* (xXajuv- 
dtov 5 ). The poor used broad fillets of common 
cloth (panni 6 ). The annexed woodcut, taken from 




a beautiful bas-relief at Rome, which is supposed to 
refer to the birth of Telephus, shows the appear- 
ance of a child so clothed, and renders, in some 
degree, more intelligible the fable of the deception 
practised by Rhea upon Saturn, in saving the life 
of Jupiter, by presenting a stone enveloped in 
swaddling-clothes, to be devoured by Saturn in- 
stead of his new-born child. 7 It was one of the pe- 
culiarities of the Lacedaemonian education to dis- 
pense with the use of incunabula, and to allow 
children to enjoy the free use of their limbs. 8 

INCUS (juKftw), an Anvil. The representations 
of Vulcan and the Cyclopes on vario us works of 

1. (Festus, s. v. Incitega. — Bekker, Anecdot. Gr., 245. — Wil- 
kinson, Man. and Customs, ii., p. 158, 160, 216, 217.)— 2. (Alli- 
en., v., 45.)— 3. (Horn., Hymn, in Apoll., 121, 122.)— 4. (Pind., 
IVth., iv., 114.)— 5. (Longus, i., 1, p. 14, 28, ed. Boden.)— 6. 
(Luke, ii., 7, 12.— Ezek., xvi., 4, Vulg.— Compare Horn., Hymn, 
in Merc, 151, 306.— ApoUod., iii., 10, 2.— ^Elian, V. H., ii., 7.— 
Eurip., Ion, 32.— Dion. Chrys., vi., 203, ed. Reiske.— Plaut., 
Amphit.,v., 1,52.— True., v., 13.)— 7. (lies., Theog., 485.)— 8. 
/D lut., Lycurg., p. 90, ed Steph.) 
534 



art, show that the ancient anvil wa3 formed like 
that of modern times. When the artist wanted to 
make use of it, he placed it on a large block of 
wood (uK/xodsTov ; l positis incudibus 2 ) ; and when he 
made the link of a chain, or any other object which 
was round or hollow, he beat it upon a point pro- 
jecting from one side of the anvil. The annexed 
woodcut, representing Vulcan forging a thunderbolt 




INDU'SIUM. 
I'NDUTUS. 
INFA'MIS. 
INFA'MIA. 



for Jupiter, illustrates these circumstances ; it is la- 
ken from a gem in the Royal Cabinet at Paris. It 
appears that in the " brazen age," not only the 
things made upon the anvil, but the anvil itself, 
with the hammer and the tongs, were made ot 
bronze. 3 (Vid. Malleus.) At this early period 
anvils were used as an instrument of torture, being 
suspended from the feet of the victim.* 

*INDTCUM ('IvdiKov). " Dioscorides applies the 
term 'Ivducov to two distinct substances ; the one is 
the vegetable pigment still called Indigo, which is 
prepared from the leaves and stalks of the Indigt» 
plant. Several species are now cultivated for ma 
king indigo, but the one from which the ancients 
may be supposed to have procured their indigo is 
the Indigofera tinctoria. The other kind of indigo 
was, most probably, the mineral substance called 
Indian Red, and which is a variety of the red oxyde 
of iron." 5 

(Vid. Tunica.) 
(Vid. Amictus, Tunica.) 
(Vid. Infamia.) 

The provisions as to infamia, as 
they appear in the legislation of Justinian, are con- 
tained in Dig. 3, tit. 2, De his qui notantur infamia, 
and in Cod. 2, tit. 12, Ex quibis causis infamia ir- 
rogatur. The Digest contains 6 the cases of infamia 
as enumerated in the praetor's edict. There are 
also various provisions on the subject in the lex 
Julia Municipalis (B.C. 45), commonly called the 
Table of Heraclea. 

Infamia was a consequence of condemnation in 
any judicium publicum, of ignominious (ignominia 
causa) expulsion from the army, 7 of a woman being 
detected in adultery, though she might rot have 
been condemned in a judicium publicum, &c. ; of 
condemnation for furtum, rapina, injuriae, and dolus 
malus, provided the offender was condemned in his 
own name, or provided in his own name he paid a 
sum of money by way of compensation ; of con- 
demnation in an action pro socio, tutelae, mandatum, 
depositum, or fiducia, 8 provided the offender was 
condemned in his own name, and not in a judicium 
contrarium, and provided the person condemned 

1. (Horn., II., xviii., 410, 476.— Od, viii., 274.)— 2. (Virg., 
Mn., vii., 620.— Id. ib., viii., 451.)— 3. (Horn., Od., iii., 433, 434. 
— Apollon. Rhod., iv., 761, 762.)— 4. (Horn., II., xv., 19.) — 
5. (Dioscor., v., 107.— Paul. jEgin., vii., 3.— Adams, Append., s. 
v.)— 6. (s. 1.)— 7. (Tab. Heraol., i., 121.) — 8. (Compare the 
Edict with Oic, Pro Rose. Com., 6.— Pro Rose. Amer., 38, 39.— 
Pro Caecina, 2.— Top., c. 10. -Tab. Heracl., i., 111.) 



iNFAMIA 



INFAMIA. 



had not acted with good faith. Inlamia was also a 
consequence of insolvency, when a man's bona 
were possessa, proscripta, vendita ; x of a widow 
marrying within the time appointed for mourning ; 
but the infamia attached to the second husband if 
he was a paterfamilias, and if he was not, then to 
his father, and to the father of the widow if she 
was in his power : the edict does not speak of the 
infamia of the widow, but it was subsequently ex- 
tended to her. Infamia was a consequence of a 
man being at the same time in the relation of a 
double marriage or double sponsalia ; the infamia 
attached to the man if he was a paterfamilias, and 
if he was not, to his father : the edict here also 
speaks only of the man, but the infamia was subse- 
quently extended to the woman. Infamia was a 
consequence of prostitution in the case of a woman, 
of similar conduct in a man (qui muliebria passus 
est) ; of lenocinium, or gaining a living by aiding in 
prostitution ; 2 of appearing on a public stage as an 
actor ; of engaging for money to appear in the fights 
of the wild beasts, even if a man did not appear; 
and of appearing there, though not for money. 

It results from this enumeration that infamia was 
only the consequence of an act committed by the 
person who became infamis, and was not the con- 
sequence of any punishment for such act. In some 
cases it only followed upon condemnation ; in oth- 
ers it was a direct consequence of an act, as soon 
as such act was notorious. 

It has sometimes been supposed that the praetor 
established the infamia as a rule of law, which, 
however, was not the case. The praetor made cer- 
tain rules as to postulatio, 8 for the purpose of main- 
taining the purity of his court. With respect to the 
postulatio, he distributed persons into three class- 
es. The second class comprehended, among oth- 
ers, certain persons who were turpitudine notabiles, 
who might postulate for themselves, but not for 
others. The third class contained, among others, 
all those " qui edicto pratoris ut infames notantur" 
and were not already enumerated in the second 
class. Accordingly, it was necessary for the prae- 
tor to enumerate all the infames who were not in- 
cluded in the second class, and this he did in the 
edict as quoted. 4 Consistently with this, infamia 
was already an established legal condition ; and the 
praetor, in his edicts on postulation, did not make a 
class of persons called infames, but he enumerated 
as persons to be excluded from certain rights of pos- 
tulation those who were infames. Consequently, 
the legal notion of infamia was fixed before these 
edicts. 

It is necessary to distinguish infamia from the 
nota censoria. The infamia does not seem to have 
been created by written law, but to have been an 
old Roman institution. In many cases, though not 
in all, it was a consequence of a judicial decision. 
The power of the censors was in its effects anal- 
ogous to the infamia, but different from it in many 
respects. The censors could at their pleasure re- 
move a man from the senate or the equites, remove 
him into a lower tribe, or remove him out of all the 
tribes, and so deprive him of his suffragium, by re- 
ducing him to the condition of an aerarius. 5 They 
could also affix a mark of ignominy or censure op- 
posite to a man's name in the list of citizens, nota 
censoria or subscriptio ;• and in doing this, they 
were not bound to make any special inquiry, but 
might follow general opinion. This arbitrary mode 
of proceeding was, however, partly remedied by the 
fact that such a censorian nota might be opposed by 

1. (Cic, Pro Quint., 15.— Tab. Heracl., i., 113-117.— Gaius, 
ii., 154.)— 2. (Tab. Ilerad.. i., 123.)— 3. (Dig. 3, tit. 1, s. 1.)— 
4. (Dig. 3, tit. 2, s. 1.)— 5. (Cic, Pro Cluent., 43. 45.)— 6. (Cic, 
Pio Cluent., 42, 43, 44, 46, 47.) 



a colleague, or removed by the following censors 
or by a judicial decision, *>r by a lex. Accordingly 
the censorian nota was not perpetual, and therein 
it differed essentially from infamia, which was per- 
petual. 

The consequences of infamia were the loss ol 
certain political rights, but not all. It was not a 
capitis deminutio, but it resembled it. The infamis 
became an aerarius, and lost the suffragium and 
honores ; that is, he lost the capacity for certain 
so-called public rights, but not the capacity for pri- 
vate rights. Under the Empire, the infamia lost 
its effect as to public rights, for such rights became 
unimportant. 

It might be doubted whether the loss of the suf- 
fragium was a consequence of infamia, but the af- 
firmative side is maintained by Savigny with such 
reasons as may be pronounced completely conclu- 
sive. It appears from Livy 1 and Valerius Maxi- 
mus* that the actores atellanarum were not either 
removed from their tribe (nee tribu moventur), nor 
incapable of serving in the army : in other words, 
such actors did not become infames, like other act- 
ors. The phrase " tribu moveri" is ambiguous, and 
may mean either to remove from one tribe to a 
lower, or to move from all the tribes, and so make 
a man an aerarius. Now the mere removing from 
one tribe to another must have been an act of the 
censors only, for it was necessary to fix the tribe 
into which the removal was made: but this could 
not be the case in a matter of infamia, which was 
the effect of a general rule, and a general rule could 
only operate in a general way ; that is, " tribu mo- 
veri" as a consequence of infamia, must have been 
a removal from all the tribes, and a degradation i o 
the state of an aerarius. 3 

The lex Julia Municipalis does not contain thy 
word infamia, but it mentions nearly the same cri- 
ses as those which the edict mentions as cases of 
infamia. The lex excludes persons who fall with- 
in its terms from being senatores, decuriones, con- 
scripti of their city, from giving their vote in the 
senate of their city, and from magistracies which 
gave a man access to the senate : but it says no- 
thing of the right of vote being taken away. Sa- 
vigny observes that there would be no inconsisten- 
cy in supposing that the lex refused only the hono- 
res in the municipal towns, while it still allowed 
infames to retain the suffragium in such towns, 
though the practice was different in Rome, if we 
consider that the suffragium in the Roman comitia 
was a high privilege, while in the municipal towns 
it was comparatively unimportant. 

Cicero* speaks of the judicia fiduciae, tutelae, 
and societatis as " summce. existimationis et pene 
capitis." In another oration 5 he speaks of the pos- 
sessio bonorum as a capitis causa, and, in fact, as 
identical with infamia. This capitis minutio, how- 
ever, as already observed, affected only the public 
rights of a citizen ; whereas the capitis deminutio 
of the imperial period, and the expression capitalis 
causa, apply to the complete loss of citizenship. 
This change manifestly arose from the circum- 
stance of the public rights of the citizens under the 
Empire having become altogether unimportant, and 
thus the phrase capitis deminutio, under the Empire, 
applies solely to the individual's capacity for private 
rights. 

In his private rights the infamis was under some 
incapacities. He could only postulate before the 
praetor on his own behalf, and on behalf of certain 
persons who were very nearly related to him, but 
not generally on behalf of all persons. Consequent 
ly, he could not generally be a cognitor or a procu 



1. (vii., 2.)— 2. (ii., 4. « 4.)— 3. (Compare Liv.. 4f 15.) -4 
(Pro Ruic Cuui., ft.)— 5. (Pro Quint., 8, 9, 13, 15, 22.) 

535 



1JNFAMIA. 



INFAM1A. 



lator. Nor could a cause of action be assigned to 
him, for by the old law he must sue as the cognitor 
or procurator of the assignor ; l but this incapacity 
became unimportant when the cessio was effected 
by the utiles actiones without the intervention of 
a cognitor or procurator. The infamis could not 
sustain a popularis actio, for in such case he must 
be considered as a procurator of the state. The 
infamis was also limited as to his capacity for mar- 
riage, an incapacity which originated in the lex Ju- 
lia. 8 This lex prohibited senators, and the children 
of senators, from contracting marriage with liber- 
tini and libertinse, and also with other disreputable 
persons enumerated in the lex : it also forbade all 
freemen from marrying with certain disreputable 
women. The jurists made the following change : 
they made the two classes of disreputable persons 
the same, which were not the same before, and 
they extended the prohibition, both for senators and 
others, to all those whom the edict enumerated as 
infames. The provisions of the lex Julia did not 
render the marriage null, but it deprived the parties 
to such marriage of the privileges conferred by the 
lex ; that is, such a marriage did not release them 
from the penalties of celibacy. A senatus consult- 
um, under M. Aurelius, however, made such mar- 
riage null in certain cases. 3 

INFAMIA (GREEK) (anpla). A citizen of Ath- 
ens had the power to exercise all the rights and 
privileges of a citizen as long as he was not suf- 
fering under any kind of atimia, a word which in 
meaning nearly answers to our outlawry, in as far 
as a person forfeited by it the protection of the laws 
of his country, and mostly all the rights of a citizen 
also. The atimia occurs in Attica as early as the 
legislation of Solon, without the term itself being in 
any way defined in the laws,* which shows that the 
idea connected with it must, even at that time, have 
been familiar to the Athenians, and this idea was 
prcbably that of a complete civil death ; that is, an 
individual labouring under atimia, together with all 
that belonged to him (his children as well as his 
property), had, in the eyes of the state and the laws, 
no existence at all. This atimia, undoubtedly the 
only one in early times, may be termed a total one, 
and in cases where it was inflicted as a punishment 
for any particular crime, was generally also perpet- 
ual and hereditary ; hence Demosthenes, in speak- 
ing of a person suffering under it, often uses the ex- 
pression Kaddirat; urifiog, or dwTiug aTtfidrac 5 A de- 
tailed enumeration of the rights of which an atimos 
was deprived is given by iEschines. 6 He was not 
allowed to hold any civil or priestly office whatever, 
either in the city of Athens itself, or in any town 
within the dominion of Athens ; he could not be 
employed as herald or ambassador ; he could not 
give his opinion, or speak either in the public as- 
sembly or in the senate ; he was not even allowed 
to appear within the extent of the agora ; he was 
excluded from visiting the public sanctuaries, as 
well as from taking part in any public sacrifice ; he 
could neither bring an action against a person from 
whom he had sustained an injury, nor appear as a 
witness in any of the courts of justice ; nor could, 
on the other hand, any one bring an action against 
him. 7 The right which, in point of fact, included 
most of those which we have here enumerated, was 
that of taking part in the popular assembly (Xeyetv 
and ypi(j>et,v). Hence this one right is most fre- 
quently the only one which is mentioned as being 



1. (Gaius, ii., 39.)— 2. (Ulp., Frag;., xiii.) — 3. (Savigny, Sys- 
tem, &c, vol ii.) — 4. (Demosth., c. Aristocrat., p. 640.)— 5. 
(c. Meid., p. 542.— Id., c. Aristog., p. 779.— Id., c. Meid., p. 
546.) — 6, (e, Timarch., p. 44. 46.)— 7. (Compare Demosth., c. 
Neasr., p. 1353 ; c. Timoc, p. 739.— De Lib. Rhod., p. 209.— 
Philipp., iii., p, 122 ; c Meid., p. 542.— Lysias, c. Andoc., p. 
222.) 

530 



forfeited by atimia. 1 The service in the AthenBc 
armies was not only regarded in the light of a duty 
which a citizen had to perform towards the state, 
but as a right and a privilege ; of which, therefore, 
the atimos was likewise deprived. 2 When we heai 
that an atimos had no right to claim the protection 
of the laws if he was suffering injuries from others 
we must not imagine that it was the intention of the 
law to expose the atimos to the insults or ill-treat- 
ment of his former fellow-citizens, or to encourage 
the people to maltreat him with impunity, as might 
be inferred from the expression oh dri/j.oi rod tdilov 
rog ; 3 but all that the law meant to do was that, if 
any such thing happened, the atimos had no righf 
to claim the protection of the laws. We have above 
referred to two laws mentioned by Demosthenes, in 
which the children and the property of an atimos 
were included in the atimia. As regards the chil- 
dren or heirs, the infamy came to them as an inher- 
itance which they could not avoid. (Vid. Heres, p. 
497.) But when we read of the property of a man 
being included in the atimia, it can oniy mean that 
it shared the lawless character of its owner, that is, 
it did not enjoy the protection of the law, and could 
not be mortgaged. The property of an atimos foi 
a positive crime, such as those mentioned below, 
was probably never confiscated, but only in the case 
of a public debtor, as we shall see hereafter ; and 
when Andocides* uses the expression utljioi fjoav 
rd ad)/j,ara, rd de xPW aTa e ^X ov i tne contrary which 
he had in view can only have been the case of a 
public debtor. On the whole, it appears to have 
been foreign to Athenian notions of justice to con- 
fiscate the property of a person who had incurred 
personal atimia by some illegal act. 6 

The crimes for which total and perpetual atimia 
was inflicted on a person were as follow : The giv- 
ing and accepting of bribes, the embezzlement ot 
public money, manifest proofs of cowardice in the 
defence of his country, false witness, false accusa- 
tion, and bad conduct towards parents : 6 moreover, 
if a person, either by deed or by word, injured or 
insulted a magistrate while he was performing the 
duties of his office ; 7 if, as a judge, he had been 
guilty of partiality ; 8 if he squandered away his pa- 
ternal inheritance, or was guilty of prostitution. 9 
We have above called this atimia perpetual ; foi if 
a person had once incurred it, he could scarcely 
ever hope to be lawfully released from it. A law, 
mentioned by Demosthenes, 10 or-dained that the re- 
leasing of any kind of atimoi should never be pro- 
posed in the public assembly, unless an assembly 
consisting of at least 6000 citizens had previously, 
in secret deliberation, agreed that such might be 
done. And even then the matter could only be 
discussed in so far as the senate and people thought 
proper. It was only in times when the Republic 
was threatened by great danger that an atimos 
might hope to recover his lost rights, and in such 
circumstances the atimoi were sometimes restored 
en masse to their former rights. 11 

A second kind of atimia, which, though in its ex 
tent a total one, lasted only until the person subject 
to it fulfilled those duties for the neglect of which 
it had been inflicted, was not so much a punishment 
for any particular crime as a means of compelling a 
man to submit to the laws. This was the atimia of 
public debtors. Any citizen of Athens who owed 
money to the public treasury, whether his debt 

1. (Demosth., c. Timocr., p. 715, 717.— ^schin., c. Timarch., 
p. 54, &c— Andocid., De Myst., p. 36.— Demosth., c. Androt., 
p. 602, 604.)— 2. (Demosth., c. Timoc., p. 715.)— 3. (Plato. Gorg., 
p. 508.)— 4. (De Myst., p. 36.)— 5. (Demosth., c. Lept., p. 504.) 
—6. (Andocid., 1. c.)— 7. (Demosth., c. Meid., p. 524.— Id., Pro 
Megalop., p. 200.)— 8. (c. Meid., p. 543.)— 9. (Diog. Laert., I., 
ii M 7.)— 10. (c. Timocrat., p. 735.)— 11. (Xen., Heller, ii., 2, 
t> 11.— Andocid., 1. c.) 



INFAMlA. 



INFAWS. 



aiose from a fine to whicli he had been condemned, 
or from a part he had taken in any branch of the 
administration, or from his having pledged himself 
so the state for another person, was in a state of 
total atimia if he refused to pay or could not pay 
the sum which was due. His children during his 
lifetime were not included in his atimia ; they re- 
mained E7riTL/xoi. 1 If he persevered in his refusal to 
pay beyond the time of the ninth prytany, his debt 
was doubled, and his property was taken and sold. 2 
If the sum obtained by the sale was sufficient to 
pay the debt, the atimia appears to have ceased ; 
but if not, the atimia not only continued to the death 
of the public debtor, but was inherited by his heirs, 
and lasted until the debt was paid off. 3 (Compare 
Heres, p. 496.) This atimia for public debt was 
sometimes accompanied by imprisonment, as in the 
case of Alcibiades and Cimon ; but whether, in such 
a case, on the death of the prisoner, his children 
were likewise imprisoned, is uncertain. If a per- 
son living in atimia for public d/ petitioned to be 
released from his debt or his^itimia, he' became 
subject to evdeiSjic ; and if another person made the 
attempt for him, he thereby forfeited his own prop- 
erty : if the proedros even ventured to put the ques- 
tion to the vote, he himself became atimos. The 
only, but almost impracticable, mode of obtaining re- 
lease was that mentioned above in connexion with 
the total and perpetual atimia. 

A third and only partial kind of atimia deprived 
the person on whom it was inflicted only of a por- 
tion of his rights as a citizen.* It was called the 
arifiia Kara Trpoara^Lv, because it was specified in 
every single case which particular right was for- 
feited by the atimos. The following cases are ex- 
pressly mentioned: If a man came forward as a 
public accuser, and afterward either dropped the 
charge or did not obtain a fifth of the votes in fa- 
vour of his accusation, he was not only liable to a 
fine of 1000 drachmae, but was subjected to an atim- 
ia which deprived him of the right, in future, to 
appear as accuser in a case of the same nature as 
that in which he had been defeated or which he had 
given up. 6 If his accusation had been a ypatyrj uce- 
Selag, he also lost the right of visiting particular 
temples. 6 Some cases are also mentioned in which 
an accuser, though he did not obtain a fifth of the 
votes, was not subjected to any punishment what- 
ever. Such was the case in a charge brought be- 
fore the first archon respecting the ill-treatment of 
parents, orphans, or heiresses. 7 In other cases the 
accuser was merely subject to the fine of 1000 
drachmae, without incurring any degree of atimia. 8 
But the law does not appear to have been strictly 
observed. 9 Andocides mentions some other kinds 
of partial atimia, but they seem to have had only a 
temporary application at the end of the Peloponne- 
sian war ; and the passage 10 is so obscure or cor- 
rupt, that nothing can be inferred from it with any 
certainty. 11 Partial atimia, when once inflicted, 
lasted during the whole of a man's life. 

The children of a man who had been put to death 
by the law were also atimoi 12 (compare Heres, p. 
497) ; but the nature or duration of this atimia is 
unknown. 

If a person, under whatever kind of atimia he was 
/abcuring, continued to exercise any of the rights 
which he had forfeited, he might immediately be 



1. (Demosth., c. Theocrin., p. 1322.) — 2. (Andocid., 1. c. — 
Demosth., c. Nicostrat., p. 1255 ; c. Neser., p. 1347.) — 3. (De- 
mosth., c. Androt., p. 603. — Compare Bockh, Publ. Econ. of 
Athens, ii., p. 126.)— 4. (Andocid., De Myst., p. 17 and 36.) — 5. 
(Demosth., c. Aristog., p. 803. — Harpocrat., s. v. A&puv ypa(f>fj.) 
-45. (Andocid., De Myst., p. 17.) — 7. (Meier. Ue Bon. Damnat., 
p 133/>— 8. (Pollux, Onom., viii., 53.)— 9. (Bockh, Publ. Econ. 
of Athens, ii., p. 112, &c.)— 10. (De Myst., p. 3fc.)— 11. (Wach- 
smuth, Hellen. Alterth., ii., 1, p. 247, &c.) — 12. (Demosth., c. 
Anst;?.. p. 779.) 

y vt 



subjected to tnrayuyT] or ivdeLS-iq : and if his traa» 
gression was proved, he might, without any farther 
proceedings, be punished immediately. 

The offences which were punished at Sparta with 
atimia are not so well known ; and in many cases 
it does not seem to have been expressly mentioned 
by the law, but to have depended entirely upon pub 
lie opinion, whether a person was to be considered 
and treated as an atimos or not. In general, it ap- 
pears that every one who refused to live according 
to the national institutions lost the rights of a full 
citizen (ofioiog 1 ). It was, however, a positive law, 
that whoever did not give or could not give his con- 
tribution towards the syssitia, lost his rights as a 
citizen. 3 The highest degree of infamy fell upon 
the coward (rptoac) who either deserted from the 
field of battle, or returned home without the rest of 
the army, as Aristodemus did after the battle of 
Thermopylae, 3 though in this case the infamy itself, 
as well as its humiliating consequences, were man- 
ifestly the mere effect of public opinion, and lasted 
until the person labouring under it distinguished 
himself by some signal exploit, and thus wiped off 
the stain from his name. The Spartans who in 
Sphacteria had surrendered to the Athenians, were 
punished with a kind of atimia which deprived them 
of their claims to public offices (a punishment com- 
mon to all kinds of atimia), and rendered them in- 
capable of making any lawful purchase or sale. 
Afterward, however, they recovered their rights.* 
Unmarried men were also subject to a certain de- 
gree of infamy, in as far as they were deprived of 
the customary honours of old age, were excluded 
from taking part in the celebration of certain festi- 
vals, and occasionally compelled to sing defamatory 
songs against themselves. No atimos was allowed 
to marry the daughter of a Spartan citizen, and was 
thus compelled to endure the ignominies of an old 
bachelor. 5 Although an atimos at Sparta was sub- 
ject to a great many painful restrictions, yet his con- 
dition cannot be called outlawry ; it was rather a 
state of infamy properly so called. Even the atimia 
of a coward cannot be considered equivalent to the 
civil death of an Athenian atimos, for we find hirn 
still acting to some extent as- a citizen, though al- 
ways in a manner which made his infamy manifest 
to every one who saw him. 

(Lelyveld, De Infamia ex Tare Attico, Amstelod., 
1835.— Wachsmuth, Hellen Alterth., ii., 1, p. 243, 
&c. — Meier, De Bonis Damnat., p. 101, &c. — Scho- 
mann, De Comit. Ath., p. 67, &c, transl. — Hermann, 
Polit. Ant. of Greece, § 124 -Meier und Schbmann, 
Att. Proc., p. 563. On the Spartan atimia in par- 
ticular, see Wachsmuth, ii., 1, p. 358, &c. — Miiller, 
Dor., iii., 10, $ 3.) 

INFANS, INFA'NTIA . In the Roman law there 
were several distinctions of age which were made 
with reference to the capacity for doing legal acts . 
1. The first period was from birth to the end of the 
seventh year, during which time persons were call 
ed infantes, or qui fari non possunt. 2. The sec 
ond period was from the end of seven years to the 
end of fourteen or twelve years, according as ihe 
person was a male or a female, during which per- 
sons were defined as tho^e qui fari possunt. The 
persons included in these first two classes were im- 
puberes. 3. The third period was from the end oj 
the twelfth or fourteenth to the end of the twenty- 
fifth year, during which period persons weve ado- 
lescentes, adulti. The persons included in .these 
three classes were minores xxv. annis or annorum, 
and were often, for brevity's sake, called minores 



1. (Xen., De Rep. Laced., x., 7.— Id. ib., iii., 3.)— 2. (AriKut, 
Polit., ii., 6, p. 50, ed. Gottlinj.) — 3. (Herod., vii., 231.)— 4. 
(Thucyd., v., 14.)- 5. (Piut., i j isil., 30.— Miiller, Dorians, it, 
4, v 3 ) 

537 



fNFULA. 



INGENUI. 



Only (via. Curator); and the persons included in 
the third and fourth class were puberes. 4. The 
fourth period was from the age of twent/-five, du- 
ring which persons were majores. 

The term impubes comprehends infans, as all in- 
fantes are impuberes, but all impuberes are not 
infantes. Thus the impuberes were divided into 
two classes : infantes, or those under seven years 
of age, and those above seven, who are generally 
understood by the term impuberes. Pupillus is a 
general name for all impuberes not in the power of 
a father. 1 

The commencement of pubertas was the com- 
mencement of full capacity to do legal acts. Be- 
fore the commencement of pubertas, a person, ac- 
carding to the old civil law, could do no legal act 
without the auctoritas of a tutor. This rule was 
made for those impuberes who had property of their 
own ; for it could have no application to impuberes 
who were in the power of a father. Now the age 
of pubertas was fixed as above mentioned, on the 
supposition that persons were then competent to 
understand the nature of their acts, and the age of 
twelve or fourteen was only fixed because it was 
necessary to fix some limit which might apply to all 
cases ; but it was obvious that in many cases when 
a person bordered on the age of puberty (pubertati 
proximus), and had not yet attained it, he might 
have sufficient understanding to do many legal acts. 
Accordingly, a person who was proximus pubertati 
was in course of time considered competent to do 
certain legal acts without the auctoritas of a tutor ; 
but, to secure him against fraud or mistake, he 
could only do such acts as were for his own ad- 
vantage. This relaxation of the old law was ben- 
eficial both to the impubes and to others ; but, ow- 
ing to its being confined to such narrow limits of 
time, it was of little practical use, and, accordingly, 
it was extended as a positive rule to a longer period 
below the age of puberty, but still with the same 
limitation : the impubes could do no act to his prej- 
udice without the auctoritas of a tutor. It was, 
however, necessary to fix a limit here also, and, ac- 
cordingly, it was determined that such limited capa- 
city to do legal acts should commence with the ter- 
mination of infantia, which, legally defined, is that 
period after which a person, either alone or with a 
tutor, is capable of doing legal acts. 

Infans properly means qui fari non potest ; and 
he of whom could be predicated fari potest, was 
not infans, and was capable of doing certain legal 
acts. The phrase qui fari potest is itself ambigu- 
ous ; but the Romans, in a legal sense, did not limit 
it to the mere capacity of uttering words, which a 
child of two or three years generally possesses, but 
they understood by it a certain degree of intellectual 
development ; and, accordingly, the expression qui 
fari potest expressed not only that degree of intel- 
lectual development which is shown by the use of in- 
telligible speech, but also a capacity for legal acts in 
which speech was required. Thus the period of in- 
fantia was extended beyond that which the strict ety- 
mological meaning of the word signifies, and its ter- 
mination was fixed by a positive rule at the end of 
the seventh year, as appears by numerous passages. 3 

The expressions proximus pubertati, and proxi- 
mus infantiaB or infanti, 3 are used by the Roman 
jurists to signify respectively one who is near attain- 
ing pubertas, and one who has just passed the limit 
of infantia.* (Vid. Impubes.) 

INFE'RLE. (Vid. Funcjs, p. 462.) 

INFULA, a flock of white and red wool, which 

1. (Dig. 50, tit. 16, s. 239.)— 2. (Dig. 26, tit. 7, s. 1 ; 23, tit. 
i. t. i4. — Cod. 6, tit. 30, s. 18. — Quintilian, Inst. Or., i., 1. — Isi- 
i-rus. Orig., xi., 2.)— 3. (Gaius, iii., 109.)— 4. (Savigny, System. 
4es> heut. R. R., vol. iii.) 
fift) 



was slightly twisted, drawn into the form ol a 
wreath or fillet, and used by the Romans for orna- 
ment on festive and solemn occasions. In sacrifi- 
cing it was tied with a white band (vid. Vitta) to 
the head of the victim, 1 and also of the priest, more 
especially in the worship of Apollo and Diana.' 
The " torta infula" was worn also by the vesta/ 
virgins. 3 Its use seems analogous to that of the 
lock of wool worn by the flamines and salii. (Vid. 
Apex). At Roman marriages, the bride, who car- 
ried wool upon a distaff in the procession (vid. Fu- 
sus, p. 465), fixed it as an infula upon the door-case 
of her future husband on entering the house. 4 

INGE'NUI, INGENUITAS. According to Gai- 
us, 5 ingenui are those free men who are born free. 
Consequently, freedmen (libertini) were not ingenui, 
though the sons of libertini were ingenui ; nor could 
a libertinus by adoption become ingenuus. 6 If a fe- 
male slave (ancilla) was pregnant, and was manu- 
mitted before she gave birth to a child, such child 
was born free, and therefore was ingenuus. In oth- 
er cases, also, the law favoured the claim of free 
birth, and, consequently, of ingenuitas. 7 If a man's 
ingenuitas was a matter in dispute, there was a ju- 
dicium ingenuitatis. 8 

The words ingenuus and libertinus are often op 
posed to one another ; and the title of freeman (li- 
ber), which would comprehend libertinus, is some- 
times limited by the addition of ingenuus (liber et 
ingenuus 9 ). According to Cincius, in his work on 
Comitia, quoted by Festus, 10 those who, in his time, 
were called ingenui, were originally called patricii, 
which is interpreted by Goettling to mean that gen- 
tiles were originally called ingenui also : a manifest 
misunderstanding of the passage. If this passage 
has any certain meaning, it is this : originally the 
name ingenuus did not exist, but the word patricius 
was sufficient to express a Roman citizen by birth. 
This remark, then, refers to a time when there 
were no Roman citizens except patricii ; and the 
definition of ingenuus, if it had then been in use, 
would have been a sufficient definition of a patricius. 
But the word ingenuus was introduced, in the sense 
here stated, at a later time, and when it was want- 
ed for the purpose of indicating a citizen ty birth, 
merely as such. Thus, in the speech of Appius 
Claudius Crassus, 13 he contrasts with persons of pa- 
trician descent, "Unus Quiritium quilibet, dtwbus in- 
genuis ortus.'" Farther, the definition of gentilis 
by Scaevola (vid. Gens, p. 468) shows that a marc 
might be ingenuus and yet not gentilis, for he might 
be the son of a freedman ; and this is consistent 
with Livy. 18 If Cincius meant his proposition to be 
as comprehensive as the terms will allow us to take 
it, the proposition is this : All (now) ingenui com- 
prehend all (then) patricii ; w T hich is untrue. 

Under the Empire, ingenuitas, or the jura in- 
genuitatis, might be acquired by the imperial favour ; 
that is, a person not ingenuus by birth was made 
so by the sovereign power. A freedman who had 
obtained the jus annulorum aureorum was consid- 
ered ingenuus ; but this did not interfere with the 
patronal rights. 13 By the natalibus restitutio, the 
princeps gave to a libertinus the character o/ in- 
genuus ; a form of proceeding which involved 'he 
theory of the original freedom of all mankind, for 
the Jibertinus was restored, not to the state in which 
he Jaad been born, but to his supposed original state 
of freedom. In this case the patron lost his patro- 

1. (Virg., Georg., iii., 487. — Lucret., i., 88. — Suet., Calig., 27.) 
—2. (Virg., JEn., ii., 430.— Id. ib., x., 538.— Servius, in loc— 
Isid., Orig., xix., 30.— Festus, s. v. Infula;.)— 3. (Prud., c. Svri., 
ii., 1085, 1094.)-4. (Lucan, ii., 355.— Plin., H. N., xxix.,2.— 
Servius in Virg., JEn., iv., 458.)— 5. (i., 11.)— 6. (Gell., v., 12.) 
— 7. (Paulus, Sent. Recept., iii., 24, and v., 1, (; De Libeiali 
Causa.")— 8. (Tacit., Ann., xiii., 27.— Paulus, S. R., v., 1 ) -9 
(Hor., Ep. ad Pis., 383.)— 10. (s. v. Patricios.)— 11 (Liv.. n 
40.)— 12. (x/, 8.)— 13. (Dig. 40, tit. 10, s. 5 and 6.'. 



INJURIA 



INSIGNE. 



nal i ights by a necessary consequence, if I he fiction 
were to have its full effect. 1 It seems lhat ques- 
tions as to a man's ingenuitas were common at 
Rome, which is not surprising when we consider 
that patronal rights were involved in them. 

*TNGUINA'LIS, a plant, the same with the (3ov- 
6wviov, or aarrjp uttikoc, which see. 

INJU'RIA. Injuria was done by striking or beat- 
ing a man either with the hand or with anything ; 
by abusive words (convicium) ; by the proscriptio 
bonorum, when the claimant knew that the alleged 
debtor was not really indebted to him, for the bono- 
rum proscriptio was accompanied with infamia to 
the debtor ; 2 by libellous writings or verses ; by so- 
liciting a materfamilias or a praetextatus (vid. Impu- 
bes), and by various other acts. A man might 
sustain injuria either in his own person, or in the 
person of those who were in his power or in manu. 
No injuria could be done to a slave, but certain acts 
!one to a slave were an injuria to his master, when 
the acts were such as appeared from their nature 
to be insulting to the master ; as, for instance, if a 
man should flog another man's slave, the master 
had a remedy against the wrong-doer, which was 
given him by the praetor's formula. But in many 
other cases of a slave being maltreated, there was 
no regular formula by which the master could have 
a remedy, and it was not easy to obtain one from 
the praetor. 

The Twelve Tables had various provisions on the 
subject of injuria. Libellous songs or verses were 
followed by capital punishment, that is, death, as 
it appears. 3 In the case of a limb being mutilated, 
the punishment was talio.* In the case of a broken 
bone, the penalty was 300 asses if the injury was 
done to a freeman, and 150 if it was done to a 
slave. In other cases the Tables fixed the penalty 
at 25 asses. 5 

These penalties, which were considered sufficient 
at the time when they were fixed, were afterward 
considered to be insufficient ; and the injured per- 
son was allowed by the praetor to claim such dama- 
ges as he thought that he was entitled to, and the 
judex might give the full amount or less. But in 
the case of a very serious injury (atrox injuria), 
when the praetor required security for the defend- 
ant's appearance to be given in a particular sum, 
it was usual to claim such sum as the damages in 
the plaintiff's declaration ; and though the judex 
was not bound to give damages to that amount, he 
seidom gave less. An injuria had the character of 
atrox, either from the act itself, or the place where 
it was done, as, for instance, a theatre or forum, or 
from the status of the person injured, as if he were 
a magistratus, or if he were a senator and the 
wrong-doer were a person of low condition. 

A lex Cornelia specially provided for cases of 
pulsatio. verberatio, and forcible entry into a man's 
house (domus). The jurists who commented on 
this lex defined the legal meaning of pulsatio, ver- 
beratio, and domus. 6 

The actions for injuria were gradually much ex- 
tended, and the praetor would, according to the cir- 
cumstances of the case (causa cognita), give a per- 
son an action in respect of any act or conduct of 
another, which tended, in the judgment of the prae- 
tor, to do him injury in reputation or to wound his 
feelings. 7 Many cases of injuria were subject to a 
special punishment, 8 as deportatio ; and this pro- 
ceeding extra ordinem was often adopted instead 
of the civil action. Various imperial constitutions 

1. (Dig. 40, tit. 11.)— 2. (Cic, Pro Quint., 6. 15, 16.)— 3. (Cic, 
Rep., iv., 10, and the notes in Mai'g edition.) — 4. (Festus, s. v. 
Talio.)— 5. (Gellius, xvi., 10.— Id., xx., 1.— Dirksen, Uebersicht, 
4c.)— 6. (Dig. 47, tit. 10, s. 5.)— 7. (Vid. Dig. 47, tit. 10, s. 15 ; 
22, 23, 21, 4c.)-8. (Dig. 47, tit. 11.) 



affixed the punishment of death to libellous writings 
(famosi libelli). 

Infamia was a consequence of condemnation in 
an actio injuriarum (Vid. Infamia.) He who 
brought such an action per calumniam was liable to 
be punished extra ordinem. 1 

INJURIA'RUM ACTIO. (Vid. Injuria.) 

INO'A ('Ivtia), festivals celebrated in several 
parts of Greece, in honour of the ancient heroine 
Ino. At Megara she was honoured with an annual 
sacrifice, because the Megarians believed that her 
body had been cast by the waves upon their coast, 
and that it had been found and buried there by 
Cleso and Tauropolis. 2 Another festival of Ino 
was celebrated at Epidaurus Limera, in Laconia. 
In the neighbourhood of this town there was a 
small but very deep lake, called the water of Ino, 
and at the festival of the heroine the people threw 
barley-cakes into the water. When the cakes sank, 
it was considered a propitious sign, but when they 
swam on the surface it was an evil sign. 3 An an 
nual festival, with contests and sacrifices, in honour 
of Ino, was also held on the Corinthian Isthmus, 
and was said to have been instituted by King Sisy- 
phus. 4 
. INOFFICIO'SUM TESTAMENTUM. (Vid 
Testamentum.) 

INQUILFNUS. (Vid. Banishment, Roman, p. 
137.) 

INSA'NIA, INSA'NUS. (Vid. Curator.) 

♦INSECTA. (Vid. Entoma.) 

INSIGNE (avjielov, iirlaTj^a, ettlgtj/liov, Trapdarj- 
fiov), a Badge, an Ensign, a mark of distinction. 
Thus the Bulla worn by a Roman boy was one of 
the insignia of his rank. 5 Five classes of insignia 
more especially deserve notice : 

I. Those belonging to officers of state or civil 
functionaries of ail descriptions, such as the Fasces 
carried before the Consul at Rome, the laticlave 
and shoes worn by senators (vid. Calceus, p. 190; 
Clavus, p 264), the carpentum and the sword be- 
stowed by the emperor upon the praefect of the prae- 
torium. 6 The Roman Equites 7 were distinguished 
by the " equus publicus," the golden ring, the an- 
gustus clavus, 8 and the seat provided for them in 
the theatre and the circus. 9 The insignia of the 
kings of Rome, viz., the trabea, the toga praetexta, 
the crown of gold, the ivory sceptre, the sella curu- 
lis, and the twelve lictors with fasces, all of which, 
except the crown and sceptre, were transferred to 
subsequent denominations of magistrates, were cop- 
ied from the usages of the Tuscans and other na- 
tions of early antiquity. 10 

II. Badges worn by soldiers. The centurions in 
the Roman army were known by the crests of their 
helmets (vid. Galea), and the common men by their 
shields, each cohort having them painted in a man- 
ner peculiar to itself. 11 (Vid. Clipeus.) Among 
the Greeks, the devices sculptured or painted upon 
shields (see woodcut, p. 84), both for the sake of 
ornament and as badges of distinction, employed 
the fancy of poets and of artists of every description 
from the earliest times. Thus the seven heroes 
who fought against Thebes, all except Amphiaraus, 
had on their shields expressive figures and mottoes, 
differently described, however, by different authors. 12 
Alcibiades, agreeably to his general character, wore 
a shield richly decorated with ivory and gold, and 



1. (Gaius, iii., 220-225.— Hor., Sat., I., i., SO.— Dig. 47, tit. 
10.— Cod. Theod.. ix., tit. 34.— Cod. ix., tit. 36.— Paulus, Sent. 
Recept., v., tit. 4.')— 2. (Paus., i., 42, $ 8.)— 3. (Paus., iii., 23, t> 
5.) — 4. (Tzetzes ad Lycophr.) — 5. (Cic, Verr., ii., 1, 58.) — 6. 
(Lydus, De Mag., ii., 3, 9.)— 7. (p. 396.)— 8. (p. 242.)— 9. (C. G. 
Schwartz, Diss. Selectae, p. 84-101.)— 10. (Flor., i., 5.— Sail., 
B. Cat., 51.— Virg., JEn., vii., 188, 612.— Id. ib., xi., 334.— Ly- 
dus, De Mag., i., 7, 8, 37.) — 11. (Veget., ii., 17. — Compare Cn>8 
Bell. Gall., vii., 45.)— 12. (.Eschyl., Sept., c. Theb., 333-640- 
Eurip., Phoen., 1125-1156.— Apollodor., Bibl., i- ; . 6, 1.) 

039 



rNSTITA. 



INSTITUTIONES. 



exhibiting a representation of Cupid brandishing a 
thunderbolt. 1 The first use of these emblems on 
shields is attributed to the Carians ;■■ and the ficti- 
cious employment of them to deceive and mislead 
an enemy was among the stratagems of war. 3 

III. Family badges. Among the indignities prac- 
tised by the Emperor Caligula, it is related that he 
abolished the ancient insignia of the noblest fami- 
lies, viz., the torques, the cincinni, and the cogno- 
men " Magnus."* 

IV. Signs placed on the front of buildings. A 
figure of Mercury was the common sign of a Gym- 
nasium ; but Cicero had a statue of Minerva to fulfil 
the same purpose. 5 Cities had their emblems as 
well as separate edifices ; and the officer of a city 
sometimes affixed the emblem to public documents, 
as we do the seal of a municipal corporation. 6 

V. The figure-heads of ships. The insigne of a 
ship was an image placed on the prow, and giving 
its name to the vessel. 7 Thus the ship figured in 
p. 58 would probably be called the Triton. 8 (Com- 
pare woodcut, p. 480.) Paul sailed from Melite to 
Puteoli in the Dioscuri, a vessel which traded be- 
tween that city and Alexandrea. 9 Enschede has 
drawn out a list of one hundred names of ships 
which occur either in classical authors or in ancient 
inscriptions. 10 The names were those of gods and 
heroes, together with their attributes, such as the 
helmet of Minerva, painted on the prow of the ship 
which conveyed Ovid to Pontus (a picta casside 
nomen habet 11 ) ; of virtues and affections, as Hope, 
Concord, Victory ; of countries, cities, and rivers, 
as the Po, the Mincius, 12 the Delia, the Syracuse, 
the Alexandrea ; 13 and of men, women, and animals, 
as the boar's head, which distinguished the vessels 
of Sarnos 1 * (woodcut, p. 429), the swan (vid. Chenis- 
eus), the tiger, 15 the bull {jrporofj,rjv ravpov 16 ). Plu- 
tarch mentions a Lycian vessel with the sign of the 
lion on its prow, and that of the serpent on its 
poop. 17 After an engagement at sea, the insigne of 
a conquered vessel, as well as its aplustre, was 
often taken from it, and suspended in some temple 
as an offering to the god. 18 Figure-heads were 
probably used from the first origin of navigation. 
On the war-galleys of the Phoenicians, who called 
them, as Herodotus says, 19 TzdraiKot, i. c, "carved 
images," they had sometimes a very grotesque ap- 
pearance. 

Besides the badge which distinguished each indi- 
vidual ship, and which was either an engraved and 
painted wooden image, forming part of the prow, or 
a figure often accompanied by a name and painted 
on both the bows of the vessel, other insignia, which 
could be elevated or lowered at pleasure, were requi- 
site in naval engagements. These were probably 
flags or standards, fixed to the aplustre or to the 
top of the mast, and serving to mark all those ves- 
sels which belonged to the same fleet or to the same 
nation. Such were "the Attic" and "the Persic 
signals" (to 'Attikov aqftecov 70 ). 

I'NSTITA (Trepnrodcov), a Flounce, a Fillet. The 
Roman matrons sometimes wore a broad fillet, with 
ample folds, sewed to the bottom of the tunic, and 
reaching to the instep. The use of it indicated a 
superior regard to decency and propriety of man- 

m- - — - — ■■ — ^_____ „ 

1. (Athen., xii., 47.)— 2. (Herod., i., 171.)— 3. (Paus., iv., 28, 
t 3.— Virg., JEn., ii., 389-392.)— 4. (Suet., Calig-., 35.)— 5. (ad 
Att., i., 4.)— 6. (Antig-., Caryst., 15.)— 7. (Tacit., Ann., vi., 34. 
— Os., B. Civ., ii., 6.)— 8. (Stat., Theb., v., 372.— Virg-., JEn., 
x., 209-212.)— 9. (Acts, xxviii., II.) — 10. (Diss., " De Tut. et 
Insignibus Navium," reprinted in Rulinken's Opusc, p. 257-305.) 
—11. (Trist., i., 9, 2.)— 12. (Virg-., JEn., x., 206.)— 13. (Athen., 
v., 43.) — 14. (Herdd., iii., 59. — Choerilus, p. 155, ed. Naeke. — 
Hesych., s. v. Sn/jta/coj rpdirog. — Eust. in Horn., Od., xiii., p. 
525.)— 15. (Virg-., JEn., x., 166.)— 16. (Schol. in Apoll. Rhod., 
ii., 168.)— 17. (De Mul. Virt., p. 441, ed. Steph.)— 18. (Plut., 
Themist., p. 217.)— 19. (iii., 37.)— 20. (Polyaen., iii., 11, 11 ; riii., 
53, 1.— Becker, Char., ii., p. 63.) 
540 



ners. 1 It must have resembled a modern flounce. 
By the addition of gold and jewelry, it took the 
form of the more splendid and expensive Cyclas. 

When this term denoted a fillet, which was used 
by itself, as in the decoration of a Thyrsus,' it was 
equivalent to Vitta or Fascia. (Vid. Tunica.) 

FNSTITOR. {Vid. Institoria Actio.) 

INSTITO'RIA ACTIO. This actio or formula 
was allowed against a man who had appointed ei- 
ther his son or a slave, and either his own or another 
man's slave, or a free person, to manage a taberna, 
or any other business for him. The contracts with 
such manager, in respect of the taberna or other 
business, were considered to be contracts with the 
principal. The formula was called institoria, be- 
cause he who was appointed to manage a taberna 
was called an institor. And the institor, it is said, 
was so called, "quod negolio gerendo instet sive 
insistat." If several persons appointed an institor 
any one of them might be sued for the whole amount, 
for which the persons were liable on the contract 
of their institor ; and if one paid the demand, he 
had his redress over against the others by a socie- 
tatis judicium or communi dividundo. A great deal 
of business was done through the medium of insti- 
tores, and the Romans thus carried on various 
lucrative occupations in the name of their slaves, 
which they could not or would not have carried on 
personally. Institores are coupled with nautae by 
Horace, 3 and with the magister navis.* 

INSTITUTIO'NES. It was the object of Justin 
ian to comprise in his Code and Digest or Pandect 
a complete body of law. But these works were 
not adapted to the purpose of elementary instruc- 
tion, and the writings of the ancient jurists were 
no longer allowed to have any authority, except so 
far as they had been incorporated in the Digest. 
It was, therefore, necessary to prepare an element- 
ary treatise, for which purpose Justinian appointed 
a commission, consisting of Tribonianus, Theophi- 
lus, and Dorotheus. The commission was instruct- 
ed to compose an institutional work which should 
contain the elements of the law (legun cunabula), 
and should not be encumbered with useless matter. 
Accordingly, they produced a treatise under the 
title of Institutiones, or Elementa, 6 which was based 
on former elementary works of the same name and 
of a similar character, but chiefly on the Commen- 
tarii of Caius or Gaius, his Res Quotidianae, and 
various other commentarii. The Institutiones were 
published with the imperial sanction, at the close of 
the year A.D. 533, at the same time as the Digest. 

The Institutiones consist of four books, which are 
divided into titles. The first book treats chiefly of 
matters relating to personal status ; the second 
treats chiefly of property and its incidents, and of 
testaments, legacies, and fideicommissa ; the third 
treats chiefly of successions to the property of in- 
testates, and matter incident thereto, and on obli- 
gations not founded on delict ; the fourth treats 
chiefly of obligations founded on delict, actions and 
their incidents, interdicts, and of the judicia publi- 
ca. The judicia publica are not treated of by Gaius 
in his Commentaries. Heineccius, in his Antiqui- 
tatum Romanarum Jurispruden'tiam illustrantium 
Syntagma, has followed the order of the Institutio- 
nes. Theophilus, generally considered to be the 
person who was one of the compilers of the Institu- 
tiones, wrote a Greek paraphrase upon them, which 
is still extant, and is occasionally useful. The best 
edition of the paraphrase of Theophilus is that of 
W. O. Reitz, Haag, 1751, 2 vols. 4to. There are 

■■ — . - --■■ — ■ . .. — mf 

1. (Hor., Sat., I., ii., 29.— Ovid, Ars Amat., i., 32.)— 2. (Stat , 
Theb., vii., 654.)— 3. (Ep., xvii., 20.)— 4. (Carm., III., vi., 30. 
—Consult Gaius, iv., 71.— Dig-. 14, tit. 3 )— 5. (Procem Inst.) — 
6. (" De Juris Docendi Ratione.") 



INTERCESSIO. 



INTERCESSIO. 



numerous editions of the Latin text of the Institu- 
tiones. The editio princeps is that of Mainz, 1468, 
fol. ; that of Klenze and Boecking, Berlin, 1829, 4to, 
contains hoth the Institutiones and the Commenta- 
rii of Gaius ; the most recent edition is that of 
Schrader, Berlin, 1832 and 1836. 

There were various institutional works written 
by the Roman jurists. There still remain fragments 
of the Institutiones of TJlpian, which appear to have 
consisted of two books. The four books of the 
Institutiones of Gaius were formerly only known 
(rom a few excerpts in the Digest, from the Epito- 
me contained in the Breviarium, from the Collatio, 
and a few quotations in the Commentary of Boethi- 
us on the Topica of Cicero, and in Priscian. 

The MS. of Gaius was discovered in the library 
of the Chapter of Verona, by Niebuhr, in 1816. It 
was first copied by Gceschen and Bethman-Holl- 
weg, and an edition was published by Gceschen in 
1820. The deciphering of the MS. was a work of 
great labour, as it is a palimpsest, the writing on 
which has been washed out, and in some places 
erased with a knife, in order to adapt the parchment 
for the purposes of the transcriber. The parch- 
ment, after being thus treated, was used for tran- 
scribing upon it some works of Jerome, chiefly his 
epistles. The old writing was so obscure that it 
could only be seen by applying to it an infusion of 
gallnuts. A fresh examination of the MS. was 
made by Bluhme, but with little additional profit, 
owing to the condition of the manuscript. A second 
edition of Gaius was published by Gceschen in 1824, 
with valuable notes, and an Index Siglarum used in 
the MS. The preface to the first edition contains 
the complete demonstration that the MS. of Verona 
is the genuine Commentaries of Gaius, though the 
MS. itself has no title. 

The arrangement of the matter in the Institutio- 
nes of Gaius resembles that of the Institutiones of 
Justinian, which were founded on them. The first 
book treats of the status of persons ; the second 
treats De Rerum Divisione et Acquisitione, and 
comprehends legacies and fideicommissa ; the third 
book treats of successions ab intestato, and obliga- 
tions founded on contract and delict ; the fourth 
treats solely of actions, and matters connected 
therewith. 

There has been a great difference of opinion as 
to the age of Gaius, but it appears from the Institu- 
tiones that he wrote that work under Antoninus 
Pius and M. Aurelius. 

Many passages in the Fragments of Ulpian are 
the same as passages in Gaius, which may be ex- 
plained by assuming that both these writers copied 
such parts from the same original. Though the 
Institutiones of Justinian were mainly based on 
those of Gaius, it is clear that the compilers of the 
Institutiones of Justinian often followed some other 
work ; and, in some instances, the Institutiones of 
Justinian are more clear and explicit than those of 
Gaius. An instance of this occurs in Gaius 1 and 
the Institutiones of Justinian. 2 

Gaius belonged to the school of the Sabiniani. 
(Vid Jurisconsult!.) The jurists whom he cites 
in the Institutiones are Cassius, Fufidius, Javole- 
nus, Julianus, Labeo, Maximus, Q. Mucius, Ofilius, 
1'roculus, Sabinus, Servius, Servius Sulpicius, Sex- 
tus, Tubero. 

INSTITUTO'RIA ACTIO. (Vid. Intercessio.) 

I'NSULA. (Vid. House, Roman, p. 519.) 

INTE'NTIO. (Vid. Actio, p. 20.) 

I'NTEGRUM RESTITUTIO, IN. (FR Resti- 
tutio.) 

INTERCE'SSIO. The verb intercedere is vari- 
pusly applied to express the act of him who in any 



1. (iii., 109.)— 2. (iii., tit. 19, s. 10.) 



way undertakes an obligation for another. Sponsore.<% 
fidepromissores, and fidejussores, may be said inter- 
cedere. With respect to one another, sponsored 
were consponsores. * Sponsores and fidepromissores 
were nearly in the same condition ; fidejussore? 
were in a somewhat different legal relation. 

Sponsores and fidepromissores could only become 
parties to an obligatio verborum, though in some 
cases they might be bound, when their principal 
(qui promiserit) was not, as in the case of a pupillus 
who promised without the auctoritas of his tutor, 
or of a man who promised something after his 
death. A fidejussor might become a party to al' 
obligations, whether contracted re, verbis, literis, 
or consensu. In the case of a sponsor, the interro- 
gatio was, Idem dare spondes ? in the case of a 
fidepromissor, it was, Idem fidepromittis 1 in the 
case of a fidejussor, it was, Idem fide tua esse ju- 
besl The object of having a sponsor, fidepro- 
missor, or fidejussor, was greater security to the 
stipulator. On the other hand, the stipulator had 
an adstipulator only when the promise was to pay 
something after the stipulator's death ; for if there 
was no stipulator, the stipulatio was inutilis or void.' 
The adstipulator was the proper party to sue after 
the stipulator's death, and he could be compelled by 
a mandati judicium to pay to the heres whatever 
he recovered. 

The heres of a sponsor and fidepromissor was not 
bound, unless the fidepromissor were a peregrinus, 
whose state had a different law on the matter ; but 
the heres of a fidejussor was bound. By the lex 
Furia, a sponsor and fidepromissor were free from 
all liability after two years, which appears to mean 
two years after the obligation had become a present 
demand. All of them who were alive at the time 
when the money became due could be sued, b»;* 
each only for his share. Fidejussores were never 
released from their obligation by length of time, and 
each was liable for the whole sum ; but by a re- 
script (epistola) of Hadrian, the creditor was required 
to sue the solvent fidejussores separately, each ac- 
cording to his proportion. 

A lex Apuleia, which was passed before the lex 
Furia, gave one of several sponsores or fidepromis- 
sores, who had paid more than his share, an action 
against the rest for contribution. Before the pass- 
ing of this lex Apuleia, any one sponsor or fidepro- 
missor might be sued for the whole amount ; but 
this lex was obviously rendered useless by the sub- 
sequent lex Furia, at least in Italy, to which country 
alone the lex Furia applied, w r hile the lex Apuleia 
extended to places out of Italy. 

A fidejussor, who had been compelled to pay the 
whole amount, had no redress if his principal was 
insolvent ; though, as already observed, he could, 
by the rescript of Hadrian, compel the creditor to> 
limit his demand against him to his share. 

A creditor was obliged formally to declare his ac- 
ceptance of the sponsores or fidepromissores who 
were offered to him, and also to declare what was 
the object as to which they were security : if he did 
not comply with this legal requisition, the sponsores 
and fidepromissores might, within thirty days (it is 
not said what thirty days, but probably thirty days 
from the time of the sureties being offered), demand 
a praejudicium (pnejudicium postulare), and if they 
proved that the creditor had not complied with the 
requisitions of the law, they were released. 

A lex Cornelia limited the amount for which any 
person could be a security for the same person to 
the same person within the same year, but with 
some exceptions, one of which was a security " do- 
tis nomine." No person could be bound in a greater 
amount than his principal, but he might be bound 



1. (Cic. ad Att., xii., 17.)— 2. (Gaius, 



ii., mo, ir.) 
541 



/NTERCESSIO. 



INTERDICTUM. 



in less ; and every surety could recover on a man- 
dati judicium from his principal whatever he had 
been compelled to pay on his account. By a lex 
Publilia, sponsores had a special action in duplum, 
which was called an actio depensi. 

There is a passage in the Epitome of Gaius in 
the Breviariun, 1 which is not taken from Gaius ; it 
is to this effect : The creditor may sue either the 
debtc-T or his fidejussor; but after he has chosen to 
sap. one of them, he cannot sue the other. — Cicero 
appears to allude to the same doctrine 2 in a passage 
which is somewhat obscure, and is variously ex- 
plained. The subject of the sponsio often occurs in 
Cicero's letters ; and in one case he was called 
upon in respect of a sponsio alleged to have been 
given by him twenty-five years before. 3 Cicero 
does not raise any difficulty as to the time that had 
elapsed, from which it must be inferred either that 
the obligation had only recently become a demand, 
or that the rule about the two years did not exist 
in his time. Cicero uses the expression " appel- 
larc" to express calling on a surety to pay. 4 

Women generally were incapacitated from doing 
many acts on account of the weakness of the sex. 
It was a general rule that any person might " inter- 
cedes," who was competent to contract and to 
dispose of his property ; but minores xxv. and 
women had only a limited capacity in respect of 
their contracts and the disposition of their estates. 
In the early part of the reign of Augustus and in 
that of Claudius, it was declared by the edict that 
women should not " intercedere" for their husbands. 
Subsequently, in the consulship of M. Silanus and 
Velleius Tutor (A.D. 10), the senatus consultum 
Velleianum was passed, which absolutely prohibited 
all intercessio by women ; and the Novella, 134, c. 
8, had for its special object to make null all inter- 
cessio of a wife for her husband. A woman who 
was sued in respect of her intercessio or her heres, 
might plead the senatus consultum, and she might 
recover anything that she had paid in respect of her 
intercessio. The senatus consultum, though it made 
null the intercessio of a woman, protected the cred- 
itor so far as to restore to him a former right of 
action against his debtor and fidejussores : this ac- 
tion was called restitutoria or rescissoria. In the 
case of a new contract, to which the woman was a 
party, the intercessio was null by the senatus con- 
sultum, and the creditor had the same action against 
the person for whom the woman " intercessit" as 
he would have had against the woman : this action, 
inasmuch as the contract had no reference to a for- 
mer right, but to a right arising out of the contract, 
was institutoria. In certain cases, a woman was 
permitted to renounce the benefit of the senatus 
consultum. 5 

INTERCE'SSIO was the interference of a magis- 
tratus to whom an appeal (vid. Appellatio) was 
made. The object of the intercessio was to put a 
stop to proceedings, on the ground of informality or 
other sufficient cause. Any magistratus might " in- 
tercedere" who was of equal rank with, or of rank su- 
perior to the magistratus from or against whom the 
appellatio was. Cases occur in which one of the 
praetors interposed (intercessit) against the proceed- 
ings of his colleague. 6 The intercessio is most fre- 
quently spoken of with reference to the tribunes, 
who originally had not jurisdictio, but used the in- 
tercessio for the purpose of preventing wrong which 
was offered to a person in their presence. 7 The in- 
tercessio of the tribunes of the plebs was auxilium; 8 



1. (ii., 9, I) 2.)— 2. (ad Att., xvi., 15.)— 3. (ad Att., xii., 17.)— 
». (ad Att., i., 8 — Compare Gaius, iii., 115-127. — Dig. 44, tit. 
t ; 46, tit. 1.)— 5. (Dig. 16, tit. 1 : ad S. C. Velleianum.— Paulus, 
S. R., ii.. tit. 11.)— 6. (Cic. in Verr., i., 46.)— 7. (Gell., xiii., 
12.)— 8. Cic, Pro Quint, 7, 20.) 
542 



and it might be exercised either in jure or in judl- 
cio. The tribune qui intercessit could prevent a 
judicium from being instituted. That there could 
be an intercessio after the litis contestatio appears 
from Cicero. 1 The tribunes could also use the in- 
tercessio to prevent execution of a judicial sen- 
tence. 3 T. Gracchus interfered (intercessit) against 
the praetor Terentius, who was going to order exe« 
cution in the case of L. Scipio, who was condemned 
for peculation, 3 and he prevented Scipio being sent 
to prison, but he did not interfere to prevent exe- 
cution being had on his property. A single tribune 
could effect this, and against the opinion of his col- 
leagues, whjch was the case in the matter of L. 
Scipio. (Vid. Tribuni.) 

INTERCI'SI DIES. (Vid. Dies, p. 362.) 

INTERDFCTIO AQILE ET IGNIS. (Vid. 
Banishment, Roman.) 

INTERDICTUM. " In certain cases (certis ex 
causis), the praetor or proconsul, in the first instance 
(principaliter), exercises his authority for the termi- 
nation of disputes. This he chiefly does when the 
dispute is about possession or quasi-possession ; and 
the exercise of his authority consists in ordering 
something to be done, or forbidding something to be 
done. The formulae and the terms, which he uses 
on such occasions, are called either interdicta or 
decreta. They are called decreta when he orders 
something to be done, as when he orders something 
to be produced (exhiberi) or to be restored : they are 
called interdicta when he forbids something to be 
done, as when he orders that force shall not be used 
against a person who is in possession rightfully 
(sine vitio), or that nothing shall be done on a piece 
of sacred ground. Accordingly, all interdicta are 
either restitutoria, or exhibitoria, or prohibitoria.*" 

This passage contains the essential distinction 
between an actio and an interdictum, so far as the 
praetor or proconsul is concerned. In the case of 
an actio, the praetor pronounces no order or decree, 
but he gives a judex, whose business it is to inves- 
tigate the matter in dispute, and to pronounce a sen- 
tence consistently with the formula, which is his 
authority for acting. In the case of an actio, there- 
fore, the praetor neither orders nor forbids a thing 
to be done, but he says judicium dabo. In the 
case of an interdict, the praetor makes an order that 
something shall be done or shall not be done, and 
his words are accordingly words of command : res- 
tituas, exhibeas, vim fieri veto. This immediate in- 
terposition of the praetor is appropriately expressed 
by the word " principaliter," the full effect of which 
is more easily seen by its juxtaposition with the oth- 
er words of the passage, than by any attempt to find 
an equivalent English expression. 

Savigny observes that it may be objected to this 
exposition, that in one of the most important inter- 
dicts, that De Vi, the formula is judicium dabo. 4 
But, as he observes, the old genuine formula was 
restituas ; 6 and the "judicium dabo" must have 
been introduced when the formulae of the two old in- 
terdicts 7 were blended together, and at a time when 
the distinctions between the old formulae had be 
come a matter of indifference. 

The mode of proceeding as to the interdict was 
as follows : The party aggrieved stated his case to 
the praetor, which was the foundation of his demand 
of an interdict, and was therefore analogous to the 
postulatio actionis. If the praetor saw sufficient 
reason, he might grant the interdict, which was of- 
ten nothing more than the words of the edict ad- 
dressed to the litigant parties ; and in doing so, he 



1. (Cic, Pro Tullio, c. 38.) — 2. (Liv., vi., 27.) — 3 (Liv, 
xxxviii., 60.— Gell., vii., 19.)— 4. (Gaius, iv., 139, 140.)— 5. (Di* 
43, tit. 16, s. 1.)— 6. (Cic, Pro Cavern., 8, 30.)— 7. (" Ds Vx Ar 
mata" And " De V' Quotidiana.") 



INTERDICTUM. 



nN I ±;RDICTUM. 



nsed .lis " auctoritas finiendis controversiis" in the 
Srst instance or immediately, and without the inter- 
vention of a judex (principaliter), and also " certis ex 
causis" that is, in cases already provided for by the 
edict. If the defendant either admitted the plain- 
tiff's case before the interdict was granted, and 
complied with its terms, or submitted to the inter- 
diet after it was granted, the dispute was, of course, 
at an end. This is not stated by Gaius, but follows 
of necessity from the nature of the case ; and when 
he goes on to say " that when the praetor has order- 
ed anything to be done or forbidden anything to be 
done, the matter is not then ended, but the parties 
go before a judex or recuperatores," he means 
that this farther proceeding takes place if the prae- 
tor's interdict does not settle the matter. The 
whole form of proceeding is not clearly stated by 
some modern writers, but the following is consistent 
with Gaius : 

The complainant either obtained the interdict or 
he did not, which would depend upon the case he 
made out before the praetor. If he failed, of course 
the litigation was at an end ; and if he obtained the 
interdict, and the defendant complied with its terms, 
the matter in this case also was at an end. If the 
defendant simply did not obey the terms of the in- 
terdict, it would be necessary for the complainant 
again to apply to the praetor, in order that this fact 
might be ascertained, and that the plaintiff might 
give full satisfaction. If the defendant was dissat- 
isfied with the interdict, he might also apply to the 
praetor for an investigation into the facts of the case : 
his allegation might be that there was no ground for 
the interdict. He might also apply to the praetor 
on the ground that he had satisfied the terms of the 
interdict, though the plaintiff was not satisfied, or 
on the ground that he was unable to do more than 
he had done. In all these cases, when the praetor's 
order did not terminate the dispute, he directed an 
inquiry by certain formulae, which were the instruc- 
tion of the judex, recuperatores, or arbiter. The 
inquiry would be, Whether anything had been done 
contrary to the praetor's edict ; or Whether that 
had been done which he had ordered to be done : 
the former inquiry would be made in the case of a 
prohibitory interdict, and the latter in the case of 
an exhibitory or restitutory interdict. With regard 
to the expression just used, namely, " the praetor's 
edict," it must be observed that " edict" is the word 
used by Gaius, but that he means " interdict." He 
uses " edict" because the " interdict" would only 
be granted in such cases as were provided for by 
the " edict" (certis ex causis), and thus an interdict 
was only an application of the " edict" to a particu- 
lar case. 

In the case of interdicta prohibitoria there was 
always a sponsio ; that is, the parties were required 
to deposite or give security for a sum of money, the 
loss of which was in the nature of a penalty (poe- 
na) to the party who failed before the judex : this 
sponsio was probably required by the praetor. In 
the case of interdicta restitutoria and prohibitoria, 
the proceeding was sometimes per sponsionem, and 
therefore before a judex or recuperatores, and some- 
times, without any sponsio, per formulam arbitra- 
riam, that is, before an arbiter. In the case of these 
two latter interdicts, it seems to have depended on 
the party who claimed the inquiry whether there 
should be a sponsio or not : if such party made a 
sponsio, that is, proffered to pay a sum of money if 
he did not make out his case, the opposite party 
was required to make one also. In the case of Cae 
cina 1 a sponsio had been made : Cicero says, ad- 
dressing the recuperatores, " sponsio facta est : hac 
de sponsione vobis judicandum est.'" In fact, when the 

1. <nc, ProCaecii., 8.) 



matter came before a judex or arbiter, the iorm oi 
proceeding was similar to the ordinary judicium. 

The chief division of interdicts has been stated. 
Another division of interdicts was into those for the 
purpose of acquiring possession, retaining posses- 
sion, or recovering possession. 1 

The interdictum adipiscendae possessionis was 
given to him to whom the bonorum possessio (vid. \ 
Bonorum Possessio) was given, and it is referred 
to by the initial words quorum bonorum. 2 Its op- 
eration was to compel a person, who had possession 
of the property of w y hich the bonorum possessio ;ras 
granted to another, to give it up to such person, 
whether the person in possession of such property 
possessed it pro herede or pro possessore. The 
bonorum emtor (vid. Bonorum Emtio) was also en- 
titled to this interdict, which was sometimes called 
possessorium. It was also granted to him who 
bought goods at public auction, and in such case 
was called sectorium, the name " sectores" being 
applied to persons who bought property in such 
manner. 8 

The interdictum salvianum was granted to the 
owner of land, and enabled him to take possession 
of the goods of the colonus, who had agreed that his 
goods should be a security for his rent. 

This interdict was not strictly a possessorial in- 
terdict, as Savigny has shown. 4 It did not, like the 
two other interdicts, presuppose a lawful posses- 
sion, that is, a jus possessionis acquired by the fact 
of a rightful possession : the complainant neither 
alleged an actual possession nor a former possession. 

The interdictum retinendae possessionis could only 
be granted to a person who had a rightful possessio, 
and he was entitled to it in respect of injury sus- 
tained by being disturbed in his possession, in re- 
spect of anticipated disturbance in his possession, 
and in the case of a dispute as to ownership, in 
which the matter of possession was first to be in- 
quired into. Its effect in the last case would be, aa 
Gaius states, to determine which of two litigant 
parties should possess, and which should be the 
claimant. There were two interdicts of this class, 
named respectively Uti possidetis and utrubi, from 
the initial words of the edict. The interdictum uti 
possidetis applied to land or houses, and the other 
to movables. The uti possidetis protected the per- 
son who "at the time of obtaining the interdict was 
in actual possession, provided he had not obtained 
the possession against the other party (adversarius) 
vi, clam, or precario, which were the three vitia pos- 
sessionis. 5 In the case of the interdictum utrubi, 
the possession of the movable thing was by the in- 
terdict declared to belong to him who had possessed 
the thing against the other party during the great 
er part of that year, " nee vi nee clam nee precario.* 
There were some peculiarities as to possessio of mo- 
vable things. 6 

The interdictum recuperandae possessionis might 
be claimed by him who had been forcibly ejected 
(vi dejectus) from his possession of an immovable 
thing, and its effect was to compel the wrong-doei 
to restore the possession, and to make good all 
damage. The initial words of the interdict were 
" unde tu ilium vi dejecisti" and the words of com- 
mand were u eo restituas." 1 There were two cases 
of vis : one of vis simply, to which the ordinary in- 
terdict applied, which Cicero calls quotidianum ; 
the other of vis armata, which had been obtained 
by Caecina against ^Ebutius. The plaintiff had to 
prove that he was in possession of the premises, 

1. (Gaius, iv., 144.)— 2. (Di?. 43, tit. 2, s. 1.)— 3. (Cic, Pro 
Rose. Amer., 36.)— 4. (Das Recht des Eesitzes, p. 410 )— 5. 
(Festus, s. v. Possessio.— Gaius, iv., 160.)— 6. (Gaius, iv., 151.) 
—7. (Cic, Pro Ciecin., 30 —III., Pro Tull., 4, 29,44.— Gaius. v 
164.) 

543 



iNTERDIUTlU. 



fNTEREST OF MONEY. 



and had been ejected by the defendant or his agents 
[familia or procurator 1 ). If the matter came befoie 
a judex, the defendant might allege that he had 
complied with the interdict, " restituisse," though 
he had not done so in fact ; but this was the form 
of the sponsio, and the defendant would succeed 
before the judex if he could show that he was not 
bound to restore the plaintiff to his possession. 8 

The defendant might put in an answer (exceptio) 
to the plaintiff's claim for restitution : he might 
show that the plaintiff's possession commenced ei- 
ther vi, clam, or precario with respect to the de- 
fendant ; 3 but this exceptio was not allowed in the 
case of vis armata.* The defendant might also 
plead that a year had elapsed since the violence 
complained of, and this was generally a good plea, 
for the interdict contained the words " in hoc anno." 
But if the defendant was still in possession after the 
year, he could not make this plea, nor could he avail 
himself of it in a case of vis armata.* 

A ciandestina possessio is a possessio in which 
the possessor takes a thing (which must, of course, 
be a movable thing) secretly (furtive), and without 
the knowledge of the person whose adverse claim 
to the possession he fears. Such a possessio, when 
it was a disturbance of a rightful possessio, gave 
the rightful possessor a title to have the interdict 
de ciandestina possessione for the recovery of his 
possession. All traces of this interdict are nearly 
lost ; but its existence seems probable, and it must 
have had some resemblance to the interdictum de 
vi. The exceptio clandestine possessionis was 
quite a different thing, inasmuch as a clandestine 
possessio did not necessarily suppose the lawful 
possession of another party. 

The interdictum de precaria possessione or de 
precario applied to a case of precarium. It is pre- 
carium when a man permits another to exercise 
ownership over his property, but retains the right 
of demanding the property back when he pleases. 
It is called precarium because the person who re- 
ceived such permission usually obtained it by re- 
quest (precc), though request was not necessary to 
constitute precarium, for it might arise by tacit 
permission. 6 The person who received the deten- 
tion of the thing, obtained at the same time a legal 
possession, unless provision to the contrary was 
made by agreement. In either case the permission 
could at any time be recalled, and the possessio, 
which in its origin was justa, became injusta, viti- 
osa, as soon as restitution was refused. Restitution 
could be claimed by the interdictum de precario, 
precisely as in the case of vis ; and the sole founda- 
tion of the right to this interdict was a vitiosa pos- 
sessio, as just explained. The precarium w r as nev- 
er viewed as a matter of contract. The interdictum 
de precario originally applied to land only, but it was 
subsequently extended to movable things. The 
obligation imposed by the edict w r as to restore the 
thing, but not its value, in case it was lost, unless 
dolus or lata culpa could be proved against the de- 
fendant. (Vid. Culpa.) But from the time that 
the demand is made against the defendant, he is 
in mora, and, as in the case of the other interdicts, 
he is answerable for all culpa, and for the fruits or 
profits of the thing ; and generally he is bound to 
place the plaintiff in the condition in which he would 
have been if there had been no refusal. No excep- 
tions were allowed in the case of a precarium. 

The origin of the precarium is referred by Sa- 
vigny to the relation which subsisted between a 
patronus and his cliens, to whom the patronus gave 
the use of a portion of the ager publicus. Ifi the 

1. (Cic, Pro Tull., 29.)— 2. (Pro Csecin., 8, 32.)— 3. (Pro Cas- 
ein., 32.— Pro Tull., 44.)— 4 (Pro Caecin., 8, 32.)— 5. (Cic. ad 
Fam., xv., 16.)— 6. (Paulus, S. R., v., tit. 6, s. 11.) 
544 



cliens refused to restore the land upon demand, tho 
patronus was entitled to the interdictum de pre- 
cario. As the relation between the patronus and 
the cliens was analogous to that between a parent 
and his child, it followed that there was no contract 
between them, and the patron's right to demand the 
land back was a necessary consequence of the rela- 
tion between him and his cliens. 1 The precarium 
did not fall into disuse when the old ager publicu* 
ceased to exist, and in this respect it followed the 
doctrine of possessio generally. {Vid. Agrari^ 
Leges.) It was, in fact, extended and applied io 
other things, and, among them, to the case of pledge. 
(Vid. Pignus.) 

Gaius 2 makes a third division of interdicta into 
simplicia and duplicia. Simplicia are those in which 
one person is the plaintiff (actor), and the other is 
the defendant (reus) : all restitutoria and exhibitoria 
interdicta are of this kind. Prohibitoria interdicta 
are either simplicia or duplicia : they are simplicia 
in such cases as those, when the praetor forbids 
anything to be done in a locus sacer, in a fiumen 
publicum, or on a ripa. They are duplicia as in the 
case of the interdictum uti possidetis and utrubi ; 
and they are so called, says Gaius, because each of 
the litigant parties may be indifferently considered 
as actor or reus, as appears from the terms of the 
interdict. 3 

Interdicta seem to have been also called duplicia 
in respect of their being applicable both to the ac- 
quisition of a possession which had not been had 
before, and also to the recovery of a possession. 
An interdict of this class was granted in the case 
of a yindicatio. or action as to a piece of land 
against a possessor who did not defend his posses- 
sion, as, for instance, when he did not submit to a 
judicium, and give the proper sponsiones or satisda- 
tiones. A similar interdict was granted in the case 
of a vindicatio of an hereditas and a ususfructus. 
Proper security was always required from the per- 
son in possession, in the case of an in rem actio, in 
order to secure the plaintiff against any loss or in- 
jury that the property might sustain while it was in 
the possession of the defendant. If the defendant 
refused to give such security, he lost the possession, 
which was transferred to the plaintiff (petitor).* 

(For other matters relating to the Interdict, see 
Gaius, iv., 138-170. — Paulus, 5. R., v., tit. 6 — 
Dig. 43. — Savigny, Das Recht des Besitzes, p. 403- 
516. — Savigny and Haubold, Zeitschrift, vol. iii., p. 
305, 358.) 

INTEREST OF MONEY. Under this head it 
is proposed to give an account of the conditions 
upon which money was lent among the Greeks and 
Romans. 

I. Greek Interest. At Athens, Solon, among 
other reforms, abolished the law by which a credit- 
or was empowered to sell or enslave a debtor, and 
prohibited the lending of money upon a person's 
own body (et<1 role oiopaoi pvdeva daveifriv*). No 
other restriction, we are told, was introduced by 
him, and the rate of interest was left to the discre- 
tion of the lender (to upyvpiov ardenpov elvai fy 
oKonci civ fiovknrai 6 davzifcv'). The only case in 
which the rate was prescribed by law was in the 
event of a man separating from his lawful wife, and 
not refunding the dowry he had received with her. 
Her trustees or guardians (ol icvpioi) could in that 
case proceed against him for the principal, with 
lawful interest at the rate of 18 pel cent. (Vid. 
Dos, Greek.) 
Any rate might be expressed or represented itf 



1. (Festus, s. v. Patres.)— 2. (iv., 156.)— 3. (Gums, iv., 160^ 
— 4 (Rudorff, Ueber das Interdict Quem Fundum, Ac, Zeit 
schrift, vol- ix.)— 5. (Plut., Sol., c. 15.)— 6. (Lvs. in Theria. 
117.) 



INTEREST OF MONEY. 



INTEREST OF MONEY. 



wo different ways : (1.) by the number of oboli or 
irachm® paid by the month for every mina : (2.) by 
the part of the principal (to dpxalov or Ke<f>d2.aiov) 
paid as interest, either annually or for the whole 
period of the loan. According to the former meth- 
od, which was generally used when money was 
lent upon real security (tokol eyyvoL or eyyeioi), dif- 
ferent rates were expressed as follows : 10 per 
cent, by em ttevte bSohois, i. e., 5 oboli per month 
for every mina, or 60 oboli a year = 10 drachmas = 
j-'j of a mina. Similarly, 
12 per cent, by em dpaxfiy per month. 

16 per cent, by fa? oktu bftolols " 

18 per cent, by eir' kvvea bBolols " 

24 per cent, by em dval dpaxpais " 

36 per cent, by km Tptal dpaxfials " 
5 per cent, by em Tpiru riiLtotokiut, probably. 
(2.) Another method was generally adopted in 
cases of bottomry, where money was lent upon the 
ship's cargo or freightage (em r<p vauAw), or the 
ship itself, for a specified time, commonly that of 
the voyage.* By this method the following rates 
were thus represented : 

10 per cent, by tokol emdeKarot, i. c, interest at 
the rate of a tenth ; 12i, 16§, 20, 331, by tokol 
\7r6ydoot, etpeicToi, tmiveinrToi, and emTpiToi, respect- 
ively. So that, as Bockh 1 remarks, the tokos eni- 
deicaTog is equal to the em nevre 060X01$ : 
The tokos eiroydoos = the em dpaxfirj nearly. 
'* efyeKTog = the ere' oktcj b6o7iolg " 
M eniTzefircTog = the eir' kvvea b6o2,ols " 
" emTpnog = the em Tptal SpaxfJ-ais " 
These nearly corresponding expressions are not 
to be considered as identical, however closely the 
rates indicated by them may approach each other 
in value ; although, in the age of Justinian, as Sal- 
masius 1 observes, the tokos eiroydoos, or 12£ per 
cent., was confounded with the centesimce, which is 
exactly equal to the interest at a drachma, or 12 per 
cent. 

The rates above explained frequently occur in 
the orators ; the lowest in ordinary use at Athens 
being the tokos ewtdeKciTos, or 10 per cent., the high- 
est the tokos emTpiTos, or 33£ per cent. The latter, 
however, was chiefly confined to cases of bottomry, 
and denotes more than it appears to do, as the 
time of a ship's voyage was generally less than 
a year. Its near equivalent, the em Tptal dpaxfials, 
or 36 per cent., was sometimes exacted by bankers 
it Athens.' The em dpaxpy, or rate of 12 per 
lent., was common in the time of Demosthenes,* 
■)ut appears to have been thought low. The inter- 
est of eight oboli, or 16 per cent., occurs in that or- 
ator ;* and even in the age of Lysias (B.C. 440) and 
*'saeus (B.C. 400), nine oboli for the mina, or 18 per 
cent., appears to have been a common rate. 6 JEs- 
ohines also 7 speaks of money being borrowed on the 
same terms ; so that, on the whole, we may conclude 
that the usual rates of interest at Athens about the 
time of Demosthenes varied from 12 to 18 per cent. 
Thai, they were nearly the same in range, and sim- 
ilarly expressed, throughout the rest of Greece, ap- 
pears from the authorities quoted by Bockh. 8 No 
concl isions on the subject of the general rate of in- 
terest can be drawn from what we are told of the 
exorbitant rates exacted by common usurers (toko- 
y~kvtyoi, toculliones, 7}fiepod*aveioTai). Some of these 9 
exacted as much as an obolus and a half per day 
Tor each drachma ; and money-lenders and bankers 
in general, from the high profits which they real- 
ized, and the severity with which they exacted their 
dues, seem to have been as unpopular among their 

I. (Pub.Ecoii. of Athens, i.,p. 166.)— 2. (De M. U.)— 3. (Lys , 
Fra ? .,B.)— 4. (c. Aph., 820, 16.)— 5. (c. Nicos., p. 1250, IS.)— 6. 
(Isajus, De Ha<m. han-ed., p. 293.)— 7. (c. Timarch., p. 15.)— o. 
(i., 176.)— 9. (Theophrast., Charact., 6.) 

7 7. 2 



fellow-citizens as Jews and usurers in more modem 
times. Demosthenes, 1 indeed, intimates that the 
fact of a man being a money-lender was enough to 
prejudice him, even in a court of law, among the 
Athenians (Miaovoiv ol 'Adnvaloi tovs daveifrvTas). 
It is curious, also, to observe that Aristotle 3 objects, 
on principle, to putting money out at interest (ev- 
hoyuTaTa p-iaeiTai rj bftolooTaTiKr]), as being a per- 
version of it from its proper use, as a medium of 
exchange, to an unnatural purpose, viz., the repro- 
duction or increase of itself; whence, he adds, 
comes the name of interest or tokos, as being the 
offspring (to yiyvb/ievov) of a parent like itself. 

The arrangement of a loan would, of course, de- 
pend upon the relation between the borrower and 
the lender, and the confidence placed by one in the 
other. Sometimes money was lent, e. g., by the 
banker Pasion at Athens, without a security, or 
written bond, or witnesses. 3 But generally either 
a simple acknowledgment (xeipbypaQov) was given 
by the borrower to the lender (md. Chirographum), 
or a regular instrument (avyypaf?)), executed by 
both parties and attested by witnesses, was depos- 
ited with a third party, usually a banker.* Wit- 
nesses, as we might expect, were also present at 
the payment of the money borrowed. 5 The secu- 
rity for a loan was either a vTTodrjKt] or an evexvpov : 
the latter was put into the possession of the lender; 
the former was merely assured to him, and gener- 
ally, though not always, consisted of real or immo- 
vable property. The evexvpa, on the contrary, gen- 
erally consisted of movable property, such as goods 
or slaves. 6 At Athens, when land was given as 
security, or mortgaged (ovala vtroxpeuc), pillars (opoi 
or GTTjlaC) were set upon it, with the debt and the 
mortgagee's name inscribed. Hence an unencum 
bered estate was called an ugtiktov xupiov.'' (Vid. 
Horoi.) In the rest of Greece there were public 
books of debt, like the German and Scotch registers 
of mortgages ; but they are not mentioned as hav- 
ing existed at Athens. 8 

Bottomry (to vavTiKov, tokol vclvtikoi or eKdoais) 
was considered a matter of so much importance at 
Athens, that fraud or breach of contract in transac- 
tions connected with it was sometimes punished 
with death. 9 In these cases the loans were gener- 
ally made upon the cargo shipped, sometimes on the 
vessel itself, and sometimes on the money received 
or due for passengers and freightage (£7u r<p vavloi). 
The principal (eKOoo-Ls, oiovel etja) docis 10 ), as well as 
the interest, could only be recovered in case the 
ship met with no disaster in her voyage (cudelarjs 
T7js veug 11 ) ; a clause to this effect being generally 
inserted in all agreements of bottomry or vavTiKal 
ovyypatyai. The additional risk incurred in loans 
of this description was compensated for by a high 
rate of interest, and the lenders took every precau- 
tion against negligence or deception on the part of 
the borrowers ; the latter also were careful to have 
witnesses present when the cargo was put on board, 
for the purpose of deposing, if necessary, to a bona 
fide shipping of the required amount of goods. 1 ' The 
loan itself was either a ddveLOfia irepoTzXovv, i. c, 
for a voyage out, or it was a ddveLOfia u/i6oTep6- 
n?.ovv, i. e., for a voyage out and home. In the for- 
mer case, the principal and interest were paid at the 
place of destination, either to the creditor himself 
if he sailed in the ship, or to an authorized agent. 13 
In the latter case the payment was made on the re- 
turn of the ship, and it was specially provided in 



1. (c. Pant., p. 981.) —2. (Pol., i.,3, I) 23.)— 3. (Demosth., c. 
Timoth., 14.)— 4. (Demosth., c. Lac, p. 927.— Id., c. Phor., 908, 
22.)— 5. (Id.,c. Phor., 915, 27.)— 6. (Bockh, i., p. 172.— Wacb 
smuth, ii., 1, p. 225.) — 7. (Harpocrat., s. v.)— 8. (Bockh, i., p 
172.) —9. (Demosth., c. Phor., 922, 3.)— 10. (Harpocrat.)— 11 
(Demosth., c. Zenoth., 883, 16.) — 12. (Demosth., c. Phor., 915 
13.) — 13. (Demosth., c. Phor., 90S, 24 and 914, 28.) 

54* 



INTEREST OF MONEY. 



INTERES1 OF MONEY. 



the agreement between the contracting parties, that 
she should sail to some specified places only. A 
deviation from the terms of the agreement, in this 
or other respects, was, according to a clause usually 
inserted in the agreement, punishable by a fine of 
twice the amount of the money lent. 1 Moreover, 
if the goods which formed the original security 
were sold, fresh articles of the same value were to 
be shipped in their place. 2 Sometimes, also, the tra- 
der (o eunopoc) was himself the owner of the vessel 
\6 vavtcXnpoc), which in that case might serve as a 
security for the money borrowed. 3 

The rate of interest would, of course, vary with 
the risks and duration of the voyage, and therefore 
we cannot expect to find that it was at all fixed. 
Xenophon* speaks of the fifth and third parts of the 
capital lent as being commonly given in bottomry, 
referring, of course, to voyages out and home. The 
interest of an eighth, or 12§ per cent., mentioned by 
Demosthenes, 5 was for money lent on a trireme, 
during a passage from Sestos to Athens, but upon 
condition that she should first go to Hierum to 
convoy vessels laden with corn ; the principal and 
interest were to be paid at Athens on her arrival 
there. 6 

The best illustration of the facts mentioned above 
is found in a vavriK-q cvyypafyf}, given in the speech 
of Demosthenes against Lacritus. It contains the 
following statement and conditions. 

Two Athenians lent two Phaselitans 3000 drach- 
mae upon a cargo of 3000 casks of Mendean wine, 
on which the latter were not to owe anything else, 
or raise any additional loan (ovd' kiudaveioovTai). 
They were to sail from Athens to Mende or Scione, 
where the wine was to be shipped, and thence to 
the Bosporus, with liberty, if they preferred it, to 
continue their voyage on the left side of the Black 
Sea as far as the Borysthenes, and then to return 
to Athens ; the rate of interest being fixed at 225 
drachmae in 1000, or 25 per cent, for the whole time 
of absence. If, however, they did not return to 
Hierum, a port in Bithynia close to the Thracian 
Bosporus, 7 before the early rising of Arcturus, i. e., 
before the 20th of September or thereabout, when 
navigation began to be dangerous, they had to pay 
a higher rate of 30 per cent., on account of the addi- 
tional risk. The agreement farther specified that 
there should be no change of vessel for the return 
cargo, and that, if it arrived safe at Athens, the loan 
was to be repaid within twenty days afterward, 
without any deductions except for loss by payments 
made to enemies, and for jettisons (hreXeg -kXtjv 
£K6o\rjg, k. t. A.) made with the consent of all on 
board (ol avuirloc) ; that, till the money was repaid, 
the goods pledged (to, viroKeiueva) should be under 
?the control of the lenders, and be sold by them, if 
payment was not made within the appointed time ; 
:>that if the sale af the goods did not realize the re- 
quired amount, the lender might raise the remainder 
by making a levy (irpa^LQ) upon the property of both 
or-either of the traders, just as if they had been cast 
in a suit, and became VTrep7Jfiepoi, i. e., had not com- 
splied with a judgment given against them within the 
lime appointed. Another clause in the agreement 
provides for the contingency of their not entering 
the Pontus ; in that case they were to remain in the 
Hellespont, at the end of July, for ten days after the 
early rising of the dog-star (em kvvi), discharge their 
-cargo (e^eTiecdaC) in some place where the Atheni- 
ans had no right of reprisals (ottov uv urj avlat ticrt 
Totc^AOnvaioig), (which might be executed unfairly, 
and would lead to retaliations), and then, on their 

1. (Demosth., c. Dionys., 1294.) — 2. (Demosth., c. Phorm., 
80fc\ 36.)— 3. (Demosth., c. Dionys., 1284, 11.)— 4. (Ilepi Yl6pu>v ! 
iii.,-7, 14.)— 5. («. Polycl., 1212 )— 0. (Bockh, i, p. 181.)— 7. 
iWrtf Ad Lept., p. 259.) 

54a 



return to Athens, they were to pay the lo/ver me 
of interest, or 25 per cent. Lastly, if the vessel 
were to be wrecked, the cargo was, if possible, to 
be saved ; and the agreement was to be conclusive 
on all points. 

From the preceding investigation, it appeal b that 
the rate of interest among the ancient Greeks was 
higher than in modern Europe, and at Rome in the 
age of Cicero. 1 This high rate does not appear to 
have been caused by any scarcity of money, for the 
rent of land and houses in Athens and its neigh- 
bourhood was not at all proportional to it. Thus 
Iseeus 8 says that a house at Thriae was let for only 
8 per cent, of its value, and some houses at Melite 
and Eleusis for a fraction more. We should, there- 
fore, rather refer it to a low state of credit, occa- 
sioned by a variety of causes, such as the division 
of Greece into a number of petty states, and the 
constitution and regulation of the courts of law, 
which do not seem to have been at all favourable 
to money-lenders in enforcing their rights. Bockh 
assigns as an additional cause " the want of moraL 
principles." 

II. Roman Interest. The Latin word for inter- 
est, fenus or fmnus, originally meant any increase, 
and was thence applied, like the Greek tokoc to de- 
note the interest or increase of money. " Fenus," 
says Varro, 3 " dictum afetu et quasi a fetura quadam 
pecuniiz parientis atque incrcscenlis." The same 
root is found in fecundus. Fenus was also used 
for the principal as well as the interest. 4 Another 
term for interest was usurae, generally found in the 
plural, and also impendium, on which Varro 5 re- 
marks, "a quo (pondere) usura quod in sorte accede- 
bat, impendium appellatum." 

Towards the close of the Republic, the interest 
of money became due on the first of every month : 
hence the phrases tristes or celeres calendae and 
calendarium, the latter meaning a debt-book or book 
of accounts. The rate of interest was expressed in 
the time of Cicero, and afterward, by means of the 
as and its divisions, according to the following table : 

Asses usura?, or one as per month 
for the use of one hundred . =12 per cent. 

Deunces usurae 11 " 

Dextantes " 10 " 

Dodrantes " 9 " 

Besses " 8 " 

Septunces " . 7 " 

Serhisses " ..'.-■ 6 » 

Quincunces " 5 " 

Trientes "....«.. 4 

Quadrantes " 3 " 

Sextantes " 2 " 

Unciae " 1 " 

Instead of the phrase asses usurae, a synonyms 
was used, viz., centesimae usurae, inasmuch as at 
this rate of interest there was paid in a hundred 
months a sum equal to the whole principal. Hence 
binae centesimae =24 per cent., and quaternae cen- 
tesimae =48 per cent. So, also, in the line of Hor 
ace, 6 " Quinas hie capiti mercedes exsecat" we must 
understand quinas centesimas, or 60 per cent., as 
the sum taken from the capital. Niebuhr 7 is of 
opinion that the monthly rate of the centesimae was 
of foreign origin, and first adopted at Rome in the 
time of Sulla. The old yearly rate established by 
the Twelve Tables (B.C. 450) was the unciariura 
fenus. This has been variously interpreted to meat 
(1) one tweiuh of the centesima paid monthly, i. e., 
one per cent, per annum; and (2) one twelfth of the 
principal paid monthly, or a hundred per cent, per 

1. (Bockh. i., p. 167.)— 2. (De Hagn. hired.. 88.)— 3. (apud 
Gell., xvi., 12.)— 4. (Tacit., Ann., vi., 17.— Id. ib., xiv., 53.)— 5. 
(De Ling. Lat., v., 183, ed. Muller.)— 6. (Sat., I., ii . 14 )— f 
(Hist, of Rome, iii., p. 64.) 



INTEREST OF MONEY. 



INTEREST OF MONEY. 



annum. Niebuhr 1 refutes at length the two opin- 
ions ; but it may be sufficient to observe that one 
is inconsistent with common sense, and the other 
with the early history of the Republic. A third and 
satisfactory opinion is as follows : The uncia was 
the twelfth part of the as, and since the full (12 oz.) 
copper coinage was still in use at Rome when the 
Twelve Tables became law, the phrase unciarium 
fenus would be a natural expression for interest of 
one ounce in the pound ; i. c, a twelfth part of the 
eum borrowed, or 8£ per cent., not per month, but 
per year. This rate, if calculated for the old Ro- 
man year of ten months, would give 10 per cent. 
/or the civil year of twelve months, which was in 
common use in the time of the decemvirs. The 
analogy of the Greek terms toko?, emrptToc, &c, 
confirms- this view, which, as Niebuhr observes, is 
not invalidated by the admission that it supposes a 
yearly, and not a monthly payment of interest ; for, 
though in the later times of the Republic interest 
became due every month, there is no trace of this 
having been the case formerly. 2 Nor is it difficult 
to account for the change : it probably was con- 
nected with the modifications made from time to 
time in the Roman law of debtor and creditor (such 
as the abolition of personal slavery for debt), the 
natural effect of which would be to make creditors 
more scrupulous in lending money, and more vigi- 
lant in exacting the interest due upon it. 

If a debtor could not pay the principal and inter- 
est at the end of the year, he used to borrow money 
from a fresh creditor to pay off his old debt. This 
proceeding was very frequent, and called a " versu- 
ra." 3 a word which Festus* thus explains : " Versu- 
ram facere, mutuant pecuniam sumere, ex eo dictum 
est, quod initio qui mutuabantur ab aliis, ut aliis sol- 
tcrent, velut verterent creditor em." It amounted to 
little short of paying compound interest, or an ana- 
tocismus anniversarius, another phrase for which 
was usurae renovatae ; e. g., centesimal renovatae is 
twelve per cent, compound interest, to which Cice- 
ro 5 opposes centesimas perpetuo fenore =12 per 
cent, simple interest. The following phrases are 
of common occurrence in connexion with borrow- 
ing and lending money at interest : " Pecuniam 
apud aliquem collocare," to lend money at interest ; 
" relegere," to call it in again ; " cavere," to give 
security for it ; " opponere" or " opponere pignori," 
to give as a pledge or mortgage : hence the pun in 
Oxtullus, 6 

" Furi, villula nostra non ad Austri 
Flatus opposita est, nee ad Favoni : 
Vcrum ad millia quindecim et ducentos. 
ventum horribilem atque pestilentcm. , ' > 

The word nomen is also of extensive use in money 
transactions Properly it denoted the name of a 
debtor, registered in a banker's or any other ac- 
count-book : hence it came to signify the articles 
of an account, a debtor, or a debt itself. Thus we 
have " bonum nomen," a good debt ; " nomina fa- 
cere," to lend moneys, 7 and also to borrow money. 8 
Moreover, the Romans generally discharged debts 
through the agency of a banker (inforo et dc mensa. 
scriptura) rather than by a direct personal payment 
(ex area domoque) ; and as an order or undertaking 
for payment was given by writing down the sum to 
be paid, with the receiver's name underneath or 
alongside it, 9 hence came the phrases " scribere 
uummos alicui," to promise to pay ; 10 " rescribere," 
to pay back, of a debtor. 11 So also " perscribere," 
to give a bill or draught (pcrscriptio) on a banker 

1. (1. c.)— 2. (Rein, Romische Privatrecht, p. 304.)— 3. (Com- 
pare Terence, Phorm., V., ii., 16.)— 4. (s. v.)— 5. (ad Att., v.. 21.) 
—6. (Carm., 26.)— 7. (Cic. ad Fam., vii., 23.)— 8. (Cic, De Off., 
iii., 14.)— 9. (Vid. Demosth., c Callip., 1236.) — 10. (Plaut., 
&.sir , II., iv., 34.)— 11 (Ter., Pborm . V., vii., 29.) 



for payment, in opposition to payment by ieadj 
money. 1 

The Roman law of debtor and creditor is given 
under Nexi. It is sufficient to remark here thai 
the Licinian laws (vid. Licini^e Leges), by which 
the grievances of debtors were to a certain extent 
redressed, did not lay any restriction on the rate of 
interest that might be legally demanded ; and it la 
clear, from various circumstances, 3 that the scarcity 
of money at Rome after the taking of the city by the 
Gauls had either led to the actual abolition of the 
old uncial rate (unciarium fenus) of the Twelve Ta- 
bles, or caused it to fall into disuse. Nine years, 
however, after the passing of these laws, 3 the rate 
of the Twelve Tables was re-established, and any 
higher rate prohibited by the bill (rogatio) of the 
tribunes Duilius and Maenius. 

Still this limitation of the rate of interest did not 
enable debtors to pay the principal, and what Taci- 
tus* calls the " fenebre malum" became at last so 
serious that the government thought it necessary 
to interfere, and remedy, if possible, an evil so great 
and inveterate. Accordingly, fourteen years after 
the passing of the Licinian laws, five commissioners 
were appointed for this purpose under the title of 
mensarii or bankers. These opened their banks in 
the Forum, and in the name of the treasury offered 
ready money to any debtor who could give security 
(cavere) to the state for it : moreover, they ordered 
that land and cattle should be received in payment 
of debts at a fair valuation, a regulation which Cae- 
sar adopted for a similar purpose. 5 By these means, 
Livy 6 tells us that a great amount of debt was sat- 
isfactorily liquidated. Five years afterward, the le- 
gal rate of interest was still farther lowered to the 
" semunciarium fenus," or the twenty-fourth part 
of the whole sum (ad scmuncias redacta usura"*); anil 
in B.C. 346 we read of several usurers being pun- 
ished for a violation of the law, 8 by which they were 
subjected to a penalty of four times the amount of 
the loan. 3 But all these enactments were merely 
palliatives ; the termination and cure of the evil 
was something more decisive — neither more nor 
less than a species of national bankruptcy — a gen- 
eral abolition of debts, or xP e & v airo/ionr}. 10 This 
happened in B.C. 341, a year remarkable for politi- 
cal changes of great importance, and was followed 
up by the passing of the Genucian laws, which for- 
bade the taking of usury altogether. 11 A law like 
this, however, was sure to be evaded, and there 
was a very simple way of doing so ; it only affected 
Roman citizens, and therefore the usurers granted 
loans, not in the name of themselves, but of the 
Latins and allies who were not bound by it. 13 To 
prevent this evasion, the Sempronian law was pass- 
ed (B.C. 194), which placed the Latins and allies 
on the same footing, in respect of lending money, as 
the full Roman citizens. At last, after many futile 
attempts to prevent the exaction of interest at any 
rate and in any shape, the idea was abandoned al- 
together, and the centesima, or 12 per cent, per an- 
num, became the legal and recognised rate. Nie- 
buhr, 13 as we have already observed, is of opinion 
that it was first adopted at Rome in the time of 
Sulla ; but whether it became the legal rate by any 
special enactment, or from general consent, does 
not appear. Some writers have inferred 1 * that it 
was first legalized by the edicts of ,Mie city praetors, 
an inference drawn from the general resemblance 
between the praetorian and proconsular edicts, 
coupled with the fact that some proconsular edicts 



1. (C ; c. ad Att., xii., 51 ; xvi., 2.)— 2. (Niebuhr, ii., p. 603.)— 
3. (Liv., vii., 16.)— 4. (Ann., vi., 16.)— 5. (Suet., Jul., 42.)— 6. 
(vii., 21.)— 7. (Tacit., Ann., vi., 16.)— 8. (Liv., vii., 2b.)— 9. (Ca- 
to, De Re Rust, init.) — 10. (Niebuhr, iii., p. 77.) — 11. (Liv., vii., 
42.)— 12. (Liv., xxxv., 7.)— 13. (ni., p. 64)— 14. (Heineec. iii 

is; 

547 



INTERREX. 



INTUBUM. 



tre extant, by which the centesima is fixed as the 
legal rate in proconsular provinces (in edicto tralati- 
tio centesimas me observaturum habui 1 ). Whether 
this supposition is true or not, it is admitted that 
the centesima, or 12 per cent., was the legal rate to- 
wards the close of the Republic, and also under the 
emperors. Justinian reduced it to 6 per cent. 8 

In cases of fenus nauticum, however, or bottom- 
ry, as the risk was the money-lender's, he might 
demand any interest he liked while the vessel on 
which the money was lent was at sea ; but after 
she reached harbour, and while she was there, no 
more than the usual rate of 12 per cent, or the cen- 
tesima could be demanded. 

Justinian made it the legal rate for fenus nauti- 
cum under all circumstances. 3 

INTERPRES, an Interpreter. This class of 
persons became very numerous and necessary to 
the Romans as their empire extended. Embassies 
from foreign nations to Rome, and from Rome to 
other states, were generally accompanied by inter- 
preters to explain the objects of the embassy to the 
respective authorities.* In large mercantile towns, 
the interpreters, who formed a kind of agents through 
whom business was done, were sometimes very 
numerous, and Pliny 5 states that at Dioscurias in 
Colchis, there were at one time no less than 130 
persons who acted as interpreters to the Roman 
merchants, and through whom all their business 
was carried on. 

All Roman praetors, proconsuls, and quaestors, 
who were intrusted with the administration of a 
province, had to carry on all their official proceed- 
ings in the Latin language ; 6 and as they could not 
be expected to be acquainted with the language of 
the provincials, they had always among their ser- 
vants (vid. Apparitores) one or more interpreters, 
who were generally Romans, but in most cases 
undoubtedly freedmen. 7 These interpreters had 
not only to officiate at the conventus [vid. Conven- 
tus), but also explained to the Roman governor 
everything which the provincials might wish to be 
laid before him. 8 

INTERREGNUM. (Vid. Interrex.) 

INTERREX. This office is said to have been 
instituted on the death of Romulus, when the sen- 
ate wished to share the sovereign power among 
themselves instead of electing a king. For this 
purpose, according to Livy, 9 the senate, which then 
consisted of one hundred members, was divided into 
ten decuries, and from each of these decuries one 
senator was nominated. These together formed a 
board of ten, with the title of Intervenes, each of 
whom enjoyed in succession the regal power and 
its badges for five days ; and if no king was ap- 
pointed at the expiration of fifteen days, the rota- 
tion began anew. The period during which they 
exercised their power was called an Interregnum. 
Dionysius 10 and Plutarch 11 give a different account 
of the matter, but that of Livy appears the most 
probable. Niebuhr 12 supposes that the first inter- 
reges were exclusively Ramnes, and that they were 
the decern primi, or ten leading senators, of whom 
the first was chief of the whole senate. 13 

The interreges agreed among themselves who 
should be proposed as king, 1 * and if the senate ap- 
proved of their choice, they summoned the assem- 
bly of the curiae, and proposed the person whom 

1. (Cic. ad Att., v., 21.)— 2. (Heinecc, iii., 16.)— 3. (Heinecc, 
L c.)— 4. (Cic, De Divin., ii., 64.— Id., De Fin., v., 29.— Plin., 
Ff. N., xxv., 2.— Gell., xvii., 17, 2.— Liv., xxvii.,43.)— 5. (H.N., 
ri., 5.)— 6. (Val. Max., ii., 2, t> 2.)— 7. (Cic, Pro Balb., 11.)— 8. 
(Cic. it. Verr.. iii.. 37.— Id ad Fam., xiii., 54.— Caes., Bell. Gall., 
i., 19. — Compare Dirksen, Civil. Abhandl., i., p. 16, &c.) — 9. 
(i., 17.)— 10. (ii., 57.)— 11. (Numa, 2.)— 12. (Hist, of Rome, i., p. 
'J34; ii., p. 111.) — 13. (Compare Walter, Gesch. desRom. Rechts, 

22.)—14. (Dionys., iv., 40, 80.) 
548 



they had previously agreed upon ; the p^wer cf the 
curiae was confined to accepting o;r rejecting him. 
The choice of the senate was called patrum auctori- 
tas ; l the putting of his acceptance or rejection to 
the vote in the curia?, rogare ; 3 and the decree 01 
the curias on the subject, jussus populi. 3 

Interreges were appointed under the Republic for 
holding the comitia for the election of the consuls, 
when the consuls, through civil commotions or 
other causes, had been unable to do so in their year 
of office.* Each held the office for only five days, 
as under the kings. The comitia were hardly ever 
held by the first interrex ; more usually by the second 
or third ; 5 but in one instance we read of an elev- 
enth, and in another of a fourteenth interrex. 6 The 
comitia for electing the first consuls were held by 
Spurius Lucretius as interrex, 7 whom Livy 8 calls 
also prcefectus urbis. The interreges under the Re- 
public, at least from B.C. 482, were elected by the 
senate from the whole body, and were not confined 
to the decern primi, or ten chief senators, as under 
the kings. 9 Plebeians, however, were not admissi- 
ble to this office ; and, consequently, when plebe- 
ians were admitted into the senate, the patrician 
senators met without the plebeian members to elect 
an interrex. 10 For this reason, as well as on ac- 
count of the influence which the interrex exerted 
in the election of the magistrates, we find that the 
tribunes of the plebs were strongly opposed to the 
appointment of an interrex. 11 The interrex had ju- 
risdiction 3 

Interreges continued to be appointed occasionally 
till the time of the second Punic war; 13 but after 
that time we read of no interrex till the senate, by 
command of Sulla, created an interrex to hold the 
comitia for his election as dictator, B.C. 82. 1 * In 
B.C. 55 another interrex was appointed to hold the 
comitia, in which Pompey and Crassus were elf;et* 
ed consuls; 15 and we also read of interreges in B.C. 
53 and 52, in the latter of which years an interrex 
held the comitia, in which Pompey was appointed 
sole consul. 16 

INTE'RULA. (Fid. Tunica.) 

INTESTA'BILIS. In the Twelve Tables it was 
declared " qui se sierit testarier libripensve fuerit, m 
testimonium fariatur,improbus intestabilisque esto. ,,1 ' > 
According to these passages, a person who had 
been a witness on any solemn occasion, such as 
the making of a will, and afterward refused to give 
his testimony, was " intestabilis," that is, disquali- 
fied from ever being a witness on any other occa- 
sion. The word afterward seems to have had its 
meaning extended, and to have been used to ex- 
press one who could not make a will, and who la- 
boured under a general civil incapacity. 18 

INTESTA'TO, HEREDITA'TES AB. (Vid 
Heres, Roman, p. 497.) 

INTESTA'TUS. (Vid. Heres, Roman, p. 497.) 

*INT'UBUM or INT'YBUM, a plant, of which 
two kinds, the wild and the cultivated, are men- 
tioned by the ancient writers. The former is the 
Cichorium, or Intubum erraticum of Pliny, 19 our bitter 
Succory, or the Cichorium Intybus of Linnasus ; the 
latter is Pliny's Intubum sativum, called also Scotf, 



1. (Cic, De Rep., ii., 13.— Liv., i., 22.)— 2. (Cic, DeRep.,ii., 
17.)— 3. (Cic, De Rep., ii., 13, 21.— Liv., i., 22.)— 4. (Dionys , 
viii., 90. — Liv., iv., 43, &c) — 5. (Liv., ix\, 7. — Id., x., 11. — Id., 
v., 31.)— 6. (Liv«, vii., 22.— Id., viii., 23.)— 7. (Dionys., iv., 84.) 
—8. (i., 60.)— 9. (Dionys., viii., 90.)— 10. (Liv., iv., 43.— Id., vi., 
41.— Cic, Pro Dom., 14.— Niebuhr, iii., p. 429.— Walter, p. 80- 
99.)— 11. (Liv., iv., 43.— Id., xxii., 34.)— 12. (Liv., x., 41, 9.— 
Niebuhr, iii., p. 28.)— 13. (Liv., xxii., 33, 34.)— 14. (Appian, 
Bell. Civ., i., 98.)— 15. (Dion Cass., xxxix., 27, 31.)— 16. (Dion 
Cass., xl., 45. — Ascon. ad Cic, Mil., init., p. 32, ed. Orelli.— « 
Plut., Pomp., 54.) — 17. (Dirksen, Uebersicht, &c, p. 607.— 
Compare Gellius, vi., 7 •, xv., 13.) — 18. (Hor., Sat., II., iii., 181 
—Dig. 28, tit. 1, s. 18, 26.— Inst., ii., tit. 10.)— 19. (H. N., ZJJUy 
15.) 



IRIS 



ISTHMIAN GAMES. 



and our Endive, the Cichorium endivia, L. The 
Intybum is said to have come originally from Egypt, 
where great use was made of it ; and, when intro- 
duced into Europe, it brought along with it its 
Egyptian or Coptic name, which became in Greek 
Ktxuptov or Ktxupv- The Arabians call it Chikou- 
rieh, by a name corrupted from the preceding. By 
the epithet erraticum Pliny means " wild" or " sav- 
age," as appears from his own words : " Erraticum, 
juod apud nos quidam ambuleiam appellavere, in 
Mgypto cichorium vocant, quod syhestre sit." Fee, 
however, insists, and with much appearance of 
reason, that the term in question refers rather to 
the long, numerous, and spreading roots of the 
plant, whence Virgil speaks of the " amaris intuba 
fibris." 1 The modern name Endive, as given to the 
cultivated kind, comes from the barbarous word en- 
divia, which was used in the Middle Ages, and was 
evidently corrupted from the Arabic hendib or the 
classical Latin term intybum, most probably the 
former. 2 

INVENT A'RIUM. ( Vid. Heres, Roman, p. 500.) 

INVESTIS. (Vid. Impubes.) 

*IN'ULA, Elecampane, the 'E/Jviov of the Greeks, 
and Inula (or Enula) Campana of the school of Sa- 
lernum. (Vid. Helenium.) 

*ION (lov), the Violet. The Viola odorata, or 
Sweet Violet, is the lov uelav of Theophrastus, 3 the 
lov Trop<j>vpovv of Dioscorides,* and the species of 
Violet so often celebrated by the poets. According 
to Schneider, the lov x^pov of Theophrastus is the 
Chciranthus cheiri, or Wall-flower. Fee, however, 
seems disinclined to adopt this extension of the 
term viola or lov, notwithstanding the immense eru- 
dition which Sprengel has employed in favour of en- 
larging the limits of the genus Viola (lov) among the 
ancients. The Viola pallens of Virgil appears to 
have been the V. palusiris of Linnaeus, or else the 
V. montana of the same botanist. 5 

*IO'NIA (luvid), a term properly denoting "a bed 
of violets," but also applied to several species of the 
Violet, and especially to the Viola odorata. 6 

*IPH'YON (lyvov), a species of plant. Bauhin 
states that some held the Asphodelus luteus to be 
the "ujtvov of Theophrastus. Stackhouse proposes 
the Lavendula spica, or Spike Lavender. 7 

*IPS (lip), an insect mentioned by Theophrastus, 
most probably the same as the Cynips, L. " The 
Cynipes," observes Adams, " pierce the leaves of 
plants with their sting, and deposite their eggs in 
the wound : the extravasated juices rise round it, 
and form a gall which becomes hard ; in this the 
larva lives and feeds, and changes to a pupa. In 
this country, the gall most common is that found on 
the Rosa canina. It is worthy of remark, that the 
grammarians Ammonius and Cyrillus restrict this 
term to the Cynips of the Vine and Carob-nut (ncpa- 
nuv, so I propose to read instead of nepuTov)."* 

IREN. (Vid. Eiren.) 

*IRIS (Ipcc), a plant, the Iris. The description 
given of its flowers by Dioscorides makes them of 
various colours, white, yellow, purple, &c, from 
which it would clearly appear that under this name 
w ire comprehended more than one species of Iris. 
Sprengel thinks that the Iris Germanica and Floren- 
ima are more particularly applicable to the descrip- 
tion of Dioscorides. Adams states that, as long as 
the Galenical Pharmacopoeia continued in repute in 
France, the Iris Florcnlina was invariably substitu- 
ted for the ancient Iris.' 

1. (Georg-., i., 120.)— 2. (Fee, Flore de Virgile, p. lxx., &c.)— 
3. (H. P., i., 13 ; iii., 18.)— 4. (iv., 120.)— 5. (Adams, Append., 
•. v.) — 6. (Theophrast., H. P., i., 9 ; vi., 6, 8. — Adams, Append., 
6. \.)— 7. (Theophrast., H. P., vi., 7 ; vii., 12.)— 8. (Theophrast., 
H. P., vi: ; . 10. — Adams, Append., s. v.) — 9. (Theophrast., 
II. P., i., 7; iv., 5, &c — Dwscor., i., 1.— Adams, Append., 
«.v.) 



IRPEX, HIRPEX, or URPEX, 1 a Harrow, used 

to clear the fields of weeds, and to level and break 
down the soil. The harrow of the ancients, like 
ours, had iron teeth, and was drawn by oxen. 2 

*IS'ATIS (laarig), a plant, the Glastum of the Lat- 
ins, and the modern Woad, yielding a beautiful blue 
dye. (Vid. Glastum.) 

ISELA'STICI LUDI. (Vid. Athlette, p. 120.) 
ISOPOLITEIA. (Vid. Civitas, Greek, p. 259.) 
*ISOP'YRON (icoizvpov), a plant, probably the 
Bog Bean, or Mcnyanth.es trifoliata. " From the 
account of Galen and Paulus iEgineta," observes 
Adams, " it might be taken for the Kidney Bean or 
Fasel, but Dioscorides clearly distinguishes between 
these. Dodonseus advanced the opinion that the 
Menyanthes trifoliata, or Bog Bean, is the laoirvpov 
of Dioscorides ; but, as Sprengel remarks, its bo- 
tanical characters do not agree with those of the 
Isopyrum as given by Dioscorides. At the same 
time, it is worthy of remark, as a singular coinci- 
dence, that the Bog Bean is still used by the com- 
mon people in Scotland for the cure of those com- 
plaints for which Dioscorides recommends the Iso- 
pyrum. The opinion of Dodonseus is farther coun- 
tenanced by Bauhin." 3 

ISOTELEIA, ISOTELEIS. (Fid. Civitas, 
Greek, p. 259.) 

ISTHMIAN GAMES ("ladfita), one of the four 
great national festivals of the Greeks. This festi- 
val derived its name from the Corinthian Isthmus, 
where it was held. Where the isthmus is narrow- 
est, between the coast of the Saronic Gulf and the 
western foot of the CEnean hills, was the Temple 
of Poseidon, and near it was a theatre and a stadi- 
um of white marble.* The entrance to the temple 
was adorned with an avenue of statues of the vic- 
tors in the Isthmian games, and with groves of pine- 
trees. These games were said originally to have 
been instituted by Sisyphus in honour of Melicertes, 
who was also called Palaamon. 6 Their original 
mode of celebration partook, as Plutarch 6 remarks, 
more of the character of mysteries than of a great 
and national assembly with its various amusements, 
and was performed at night. Subsequent to the 
age of Theseus, the Isthmia were celebrated in 
honour of Poseidon ; and this innovation is as- 
cribed to Theseus himself, who, according to some 
legends, was a son of Poseidon, and who, in the in- 
stitution of the Isthmian solemnities, is said to have 
imitated Heracles, the founder of the Olympian 
games. The celebration of the Isthmia was hence- 
forth conducted by the Corinthians, but Theseus 
had reserved for his Athenians some honourable 
distinctions : those Athenians who attended the 
Isthmia sailed across the Saronic Gulf in a sacred 
vessel (deopic), and an honorary place (irpoetipia), as 
large as the sail of their vessel, was assigned to 
them during the celebration of the games. 7 In 
times of war between the two states, a sacred truce 
was concluded, and the Athenians were invited to 
attend at the solemnities. 8 The Eleans did no; 
take part in the games, and various stories were 
related to account for this singular circumstance.* 
It is a very probable conjecture of Wachsmuth, 19 
that the Isthmia, after the changes ascribed to The- 
seus, were merely a panegyris of the Ionians of 
Peloponnesus and those of Attica ; for it should he 
observed that Poseidon was an Ionian deity, whc se 
worship appears originally to have been unknown 



1. (Cato, De Re Rust., 10.)— 2. (Festus, s. v.— Serv. in Vinr., 
Georg., i., 95. — Varro, De Ling-. Lat., v., 31, ed. Spengel.)— 3. 
(Dioscor., iv., 119. — P. JEgin., vii., 3. — Bauhin, Pinax, p. 637. 
— Adams, Append., s. v.)— 4. (Paus., ii., 1, 9 7.— Strab., viii., 6, 
p. 196. — Compare p. 214, pd. Tauchnitz.) — 5. (Apollod., iii., 4, 
3.— Paus., ii., 1, 3.)— 6. (Thes., 25.)— 7. (Plut., 1. c.)— 8. (Tliu- 
cyd., vin., 10.)— 9. (Paus. ' ,2,1) 2.)— 10. (Hellen. Altfrth . 1., 
i., p. 227.) 

549 



ISTHMIAN GAMES. 



JUDEX. 



to the Dorians. During the reign of the Cypselids 
at Corinth, the celebration of the Isthmian games 
was suspended lor seventy years. 1 But after this 
time they gradually rose to the rank of a national 
festival of all the Greeks. In Olymp. 49 they be- 
came periodical, and were henceforth celebrated 
regularly every third year, twice in every Olympi- 
ad, that is, in the first and third year of every Olym- 
piad. The Isthmia held in the first year of an 
Olympiad fell in the Corinthian month Panemus 
(the Attic Hecatombaeon) ; and those which were 
held in the third year of an Olympiad fell either in 
the month of Munychion or Thargelion. 2 Pliny 3 
and Solinus* erroneously state that the Isthmia 
were celebrated every fifth year. "With this regu- 
larity the solemnities continued to be held by the 
Greeks down to a very late period. In 228 B.C., 
the Romans were allowed the privilege of taking 
part in the Isthmia ; 5 and it was at this solemnity 
that, in 196 B.C., Flaminius proclaimed before an 
innumerable assembly the independence of Greece. 6 
After the fall of Corinth in 146 B.C., the Sicyonians 
were honoured with the privilege of conducting the 
Isthmian games ; but when the town of Corinth 
was rebuilt by J. Caesar, 7 the right of conducting 
the solemnities was restored to the Corinthians, 
and it seems that they henceforth continued to be 
celebrated till Christianity became the state-religion 
of the Roman Empire. 8 

The season of the Isthmian solemities was, like 
that of all the great national festivals, distinguished 
by general rejoicings and feasting. The contests 
and games of the Isthmia were the same as those 
at Olympia, and embraced all the varieties of ath- 
letic performances, such as wrestling, the pancrati- 
um, together with horse and chariot racing. 9 Mu- 
sical and poetical contests were likewise carried on, 
and in the latter women were also allowed to take 
part, as we must infer from Plutarch, 10 who, on the 
authority of Polemo, states, that in the treasury at 
Sicyon there was a golden book, which had been 
presented to it by Aristomache, the poetess, after 
she had gained the victory at the Isthmia. At a 
late period of the Roman Empire, the character of 
the games at the Isthmia appears greatly altered ; 
for in the letter of the Emperor Julian above re- 
ferred to, it is stated that the Corinthians purchased 
beai-s and panthers for the purpose of exhibiting 
their rights at the Isthmia, and it is not improbable 
that the custom of introducing fights of animals on 
this occasion commenced soon after the time of 
Caesar. 

The prize of a victor in the Isthmian games con- 
sisted at first of a garland of pine-leaves, and after- 
ward of a wreath of ivy ; but in the end the ivy was 
again superseded by a pine garland. 11 Simple as 
such a reward was, a victor in these games gained 
the greatest distinction and honour among his coun- 
trymen ; and a victory not only rendered the indi- 
vidual who obtained it a subject of admiration, but 
shed lustre over his family, and the whole town or 
community to which he belonged. Hence Solon 
established by a law, that every Athenian who gain- 
ed the victory at the Isthmian games should receive 
from the public treasury a reward of one hundred 
drachmae. 12 His victory was generally celebrated in 
lofty odes, called Epinikia, or triumphal odes, of 
•which we still possess some beautiful specimens 
among the poems of Pindar. (See Massieu in the 
Mem. de VAcad. des Inscript. et Bell. Lett., v., p. 
214, &c. — Dissen, Be Ratione Poetica Carminum 

I. (Solin., c. 12.) — 2. (Corsini, Dissert. Agon., 4. — Compare 
Goller ad Thucyd., viii., 9.)— 3. (H. N., iv., 5.)— 4. (c. 9.)— 5. 
(Polyb., ii., 13.) —6. (Polyb., xviii., 29.)— 7. (Paus., ii., 1, $ 2. 
—Id., ii., 2, t) 2.)— 8. (Suet., Ner., 24.— Julian Imperat., Epist., 
35.)— 9. (Paus., v., 2, t) 4.— Polyb., 1. c.)— 10. (Sympos., v., 2.)— 
1) (PJut., Sympos., v , 3.)— 12 .'Plut., Sol., 23.) 
550 



Pindaricorum, prefixed to the first volume of hia 
edition of Pindar, and Muller, Hist, of Greek Lit., >_ 
p. 220, &c.) 

ITA'LIA. (Vid. Colonia, p. 282.) 

ITER. (Vid. Servitutes.) 

JUDEX, JUDICIUM. A Roman magistrate 
generally did not investigate the facts in dispute in 
such matters as were brought before him: he ap- 
pointed a judex for that purpose, and gave him in- 
structions. (Vid. Actio.) Accordingly, the whole 
of civil procedure was expressed by the two phrases 
jus and judicium, of which the former comprehend- 
ed all that took place before the magistratus (in 
jure), and the latter all that took place before the 
judex (in judicio). Originally even the magistratus 
was called judex, as, for instance, the consul and 
praetor; 1 and under the Empire the term judex 
often designated the praeses. In the intermediate 
period it designated a person whose functions may 
be generally understood from what follows. 

In many cases a single judex was appointed ; in 
others, several were appointed, and they seem to 
have been sometimes called recuperatores, as op- 
posed to the single judex. 2 Under certain circum- 
stances, the judex was called arbiter : thus judex 
and arbiter are named together in the Twelve Ta- 
bles. 3 

A judex, when appointed, was bound to discharge 
the functions of the office, unless he had some valiO 
excuse (excusatio). A person might also be disqual- 
ified from being a judex. There were certain sea- 
sons of the year when legal business was done at 
Rome (cum res agebantur*), and at these times the 
services of the judices were required. These legal 
terms were regulated according to the seasons, so 
that there were periods of vacation : s in the provin- 
ces, the terms depended on the conventus. A ju- 
dex was liable to a fine if he was not in attendance 
when he was required. In any given case, the liti- 
gant parties agreed upon a judex, or accepted him 
whom the magistratus proposed. A party had the 
power of rejecting a proposed judex, though there 
must have been some limit to this power. 6 In cases 
where one of the litigant parties was a peregrinus, 
a peregrinus might be judex. 7 The judex was 
sworn to discharge his duty faithfully. 8 

When Italy had received its organization from 
the Romans, the magistratus of the several cities 
had jurisdictio, and appointed a judex as the praetor 
did at Rome (lex Rubria de Gallia Cisalpina). In 
the provinces, the governors appointed a judex or 
recuperatores, as the case might be, at the conven- 
tus which they held for the administration of jus- 
tice ; and the judex or recuperatores were selected 
both from Roman citizens and natives. 

When the judex was appointed, the proceedings 
in jure or before the praetor were terminated, which 
was sometimes expressed by the term Litis Contes- 
tatio, the phrases Lis Contestata and Judi.ium Ac- 
ceptum being equivalent in the classical jurists. 
(Vid. Litis Contestatio.) The parties appeared 
before the judex on the third day (cowperendinatio), 
unless the praetor had deferred the judicium for 
some sufficient reason. The judex was generally 
aided by advisers (jurisconsult?,) learned in the law, 
who were said " in consilio adesse ;" 9 but the judex 
alone was empowered to give judgment. The mat- 
ter was first briefly stated to the judex (causa con- 
jectio, collectio), and the advocates of each party 
supported his cause in a speech. The evidence 
seems to have been given at the same time that the 



1. (Liv., iii., 55.)— 2. (Gaius, iv., 104-109.)— 3. (Dirksen, Ue- 
bersicht, &c, p. 725.) — 4. (Gams, ii., 279.)— 5. vCic. ad Att., i., 
1 : " Cum Romse a judiciis forum refrix&rit."} — 6. (Cic, Pro CI* 
ent., 43.)— 7. (Gaius, iv., 105.)— 8. (Oic, De Invent., i., 39.)— 9 
(Cic, Pro P. Quintic 2, 6.— Id., Top., 17.) 



JUDEX. 



JUDEX. 



xpeeches weie made, and not to have been heard 
before the advocates made their address. 1 But it 
is probable that the practice in this respect might 
vary in different cases. Witnesses were produced 
on both sides, and examined orally ; the witnesses 
on one side were also cross-examined by the other. 3 
Written documents, such as instruments and books 
of account, were also given in evidence ; and some- 
times the deposition of an absent witness was read, 
when it was confirmed by an oath. 3 There were 
no means of compelling a person to give evidence 
before the legislation of Justinian, unless they were 
slaves, v/ko in some cases might be put to the tor- 
ture. 

After all the evidence was given and the advo- 
cates had finished, the judex gave sentence : if 
there were several judices, a majority decided. If 
the matter was one of difficulty, the hearing might 
be adjourned as often as was necessary (ampliatio) ; 
and if the judex could not come to a satisfactory 
conclusion, he might declare this upon oath, and so 
release himself from the difficulty. This was done 
by the form of words "non liquere'' (N. L.).* The 
sentence was pronounced orally, and wa.s some- 
times first written on a tablet. If the defendant 
did not make his appearance after being duly sum- 
moned, judgment might be given against him. 

The sentence was either of absolutio or condem- 
natio. That part of the formula which was called 
condemnatio (vid. Actio, p. 20), empowered the 
judex to condemn or acquit (condemnare, absolvere*). 
The defendant might satisfy the plaintiff after the 
judicium had been constituted by the litis contesta- 
tio {post acceplum judicium 6 ), and before judgment 
was given ; but in this case it was a disputed ques- 
tion between the two schools whether the judex 
should acquit, or whether he should condemn on 
the ground that, at the time when the judicium was 
constituted, the defendant was liable to be con- 
demned, and it was the business of the judex 
merely to follow his instructions. The dispute ac- 
cordingly involved one of those principles on which 
the schools were theoretically divided — the follow- 
ing out of a legal principle to all its logical conse- 
quences ; but, like many other questions between 
the schools, this question was practically of no im- 
portance, as the plaintiff would not be allowed to 
have satisfaction twice. (Vid. Jurisconsulti.) 

While the legis actiones were in force, the judg- 
ment was for the restitution of a thing, if a given 
thing (corpus) was the object of the action ; but 
under the process of the formula, the judex gave 
judgment, pursuant to the formula, in a sum of 
money, even when a piece of property was the ob- 
ject of dispute. This sum of money was either fix- 
ed or not fixed in the formula. If the claim was 
for a certain sum of money, the amount was insert- 
ed in the condemnatio, and the judex was bound to 
give that or nothing to the plaintiff. If the claim 
was for damages or satisfaction, the amount of 
which was not ascertained, the condemnatio was 
either limited to a sum named in the formula, and 
which the judex could not exceed except at his own 
peril {litem suam facicndo) ; or, if the action was for 
the lecovery of property from the possessor, or if it 
was an actio ad exhibendum, the condemnatio em- 
powered the judex to condemn the defendant in the 
value of the thing. The judex was always bound 
to condemn in some definite sum, even though the 
formula did not contain a definite sum: the reason 
of which is obvious ; for, unless the condemnatio 
was definite, there would be no judgment. 7 

1. (Cic, Pro Rose. Com., 14. — Id., Pro P. Quintio, 18.) —2. 
(Cic, Pro Caecina, 10.— Id., Pro Flacco, 10.)— 3. (Pro Rose. Com., 
15.)— 4. (Gell., xiv., 2.)— 5. (Gaius, iv., 43.)— 6. ! Gams. iii.. 180 ; 
i*., 114.)— 7. (Gaius, iv., 48- 52.) 



Ihe following is the distinction between an ar- 
bitrium and judicium, according to Cicero r 1 In a 
judicium the demand was of a certain sum or defi- 
nite amount (pecunics. certce) ; in an arbitrium the 
amount was not determined (incerla). In a judici- 
um the plaintiff obtained all that he claimed or no- 
thing, as the words of the formula show : " Si parct 
H. S. iooo dari oportere. , ' i The corresponding 
words in the formula arbitraria were, " Quantum 
cequius melius id dari ;" and their equivalents were, 
" Ex fide bona, Ut inter bonos bene agier."* In a dis 
pute about dos, which Cicero calls "arbitrium ret 
uxoria" the words " quid aquius, melius," were 
added. 4 If the matter was brought before a judex, 
properly so called, the judicium was constituted 
with a poena, that is, per sponsionem ; there was 
no poena when an arbiter was demanded, and the 
proceeding was by the formula arbitraria. The pro- 
ceeding by the sponsio, then, was the strict one 
(angustissima formula, sponsianis 5 ) ; that of the ar- 
bitrium was ex fide bona, and the arbiter, though 
he was bound by the instructions of the formula, 
was allowed a greater latitude by its terms. The 
engagement between the parties who accepted an 
arbiter, by which they bound themselves to abide 
by his arbitrium, was compromissum ; 6 but this 
term was also employed, as it appears, to express 
the engagement by which parties agreed to settle 
their differences by arbitration, without the inter- 
vention of the praetor. Cicero appears to allude to 
this arbitration. 7 

According to Cicero, 8 all judicia had for their ob- 
ject either the settlement of disputes between indi 
viduals (controversice), or the punishment of crimes 
(rnalcficia). This passage refers to a division of ju- 
dicia, which appears in the jurists, into publica and 
privata. The term privata judicia occurs in Cice- 
ro, 9 where it refers to the class of judicia which he 
indicates in the Caecina by the term controversies. 
The term publica judicia might not then be in use, 
but the term publica causa is used by Cicero 10 with 
reference to a judicium, which by the jurists would 
be called publicum. In the Digest 11 it is stated that 
all judicia are not publica in which a crimen was 
the matter in question, but only those in which the 
offence was prosecuted under some lex, such as the 
Julia Majestatis, Cornelia de Sicariis, and others 
there enumerated. Judicia were called extraordi- 
naria when the inquiry was extra ordinem, that is, 
not according to the usual practice ; and this might 
happen when the offence was one not provided for 
by law (legibus), but one that was punishable by im- 
memorial usage and general opinion, of which there 
is an instance in Livy (seu legibus seu moribus mal- 
let anquireret 12 ). The judicia popularia, or populares 
actiones, as they are called, 13 are defined to be those 
by which " suum jus populus luetur ;" and they 
agreed with the publica judicia in this, that any per- 
son might be the prosecutor who was not under 
some legal disqualification. The judicia populi 1 * 
were those in which the populus acted as judices ; 
and, accordingly, Cicero enumerates the populi ju- 
dicia among others when he says 15 that " nihil de ca- 
pite civis, aut de bonis, sine judicio scnatus aut populi 
aut eorum qui de quaque re constituti judices sinf. de* 
trahi posse." As the judicia publica are defined by 
the jurists to be those in which crimina were tried 
by a special lex, it appears that the judicia populi, 
strictly so called, must have fallen into disuse, 01 
have gradually become unnecessary after the judi- 

1. (Pro Rose. Com., 4.) — 2. (Compare Gaius, iv., 50.) — ? 
(Top., 17.) — 4. (Compare Gaius, iv., 47, 62.)— 5. (Cic., Pro Rose. 
Com., 14.)— 6. (Pro Rose. Com., 4.)— 7. (Pro Quintio, 5.— Com- 
pare Seneo.. De Benef., iii., ~.\ — 8. (ProCacina, 2.) — 9. (Top., 
17.) —10. (Pro Rose. Araer., c. 21.) — 11. (48, tit. 1, s. 1.) — 11 
(xxvi.. 3.)— 13. (Dis. 47, tit. £3, s. 1.)— 14. (Cic.. Brut., 17 ) 
15. (Pro Dom., c. 13.) 

551 



JUDEX. 



JUDEX. 



j*a publica were regulated by special leges ; and 
in us the judicia publica of the later republican pe- 
riod represent the judicia populi of the earlier times. 
The judicia populi were originally held in the co- 
mitia curiata, and subsequently in the centuriata 
and tributa. A lex of Valerius Publicola 1 gave an 
appeal (provocatio) to the populus from the magis- 
tratus ; and a law of C. Sempronius Gracchus 2 de- 
clared to the same effect : " Ne de capite civium Ro- 
manorum injussu populi judicaretur." 

The kings presided in the judicia populi, and the 
consuls succeeded to their authority. But after the 
passing of the lex Valeria de Provocatione (B.C. 507), 
the consul could not sit in judgment on the caput 
of a Roman citizen, but persons were appointed to 
preside at such inquiries, who were, accordingly, 
called quaesitores, or quaestores parricidii, or re- 
rum capitalium. In some cases 3 a plebiscitum was 
passed, by which the senate was empowered to ap- 
point one of the praetors or some other magistrate 
to preside at the judicial investigation. In course 
of time, as cases were of more frequent occurrence, 
these quaestiones were made perpetuae, that is, par- 
ticular magistrates were appointed for the purpose. 
In the year 149 B.C., the tribune L. Calpurnius Piso 
Frugi carried a lex De Pecuniis Repetundis, from 
which time the quaestio repetundarum became per- 
petua. L. Sulla gave to one praetor the quaestiones 
de majestate, and to others those of peculatus and 
ambitus ; and he also added four other quaestiones 
perpetuae. Thus he carried out the principle of the 
lex Calpurnia, by establishing permanent courts for 
the trial of various specified offences, and the prae- 
tors determined among themselves in which of 
these new courts they should severally preside. 
The ordinary functions of the praetor urbanus and 
peregrinus were not interfered with by these new 
arrangements. The quaestiones of Sulla were, De 
Repetundis, Majestatis, De Sicariis et Veneficis, 
De Parricidio, Peculatus, Ambitus, De Nummis 
Adulterinis, De Falsis or Testamentaria, and De Vi 
Publica. But in special cases the senate still some- 
times, by a decretum, appointed the consuls as quaes- 
itores, of which an example occurs in Cicero :* this 
was a case of quaestio or judicium extra ordinem. 

Any person might be an accuser (accusator) in a 
judicium publicum. On such an occasion the prae- 
tor generally presided as quaesitor, assisted by a 
judex quaestionis and a body of judices called his 
consilium. The judex quaestionis was a kind of 
assistant to the presiding magistratus, according to 
some opinions ; but others consider him to be a 
quaesitor, who was sometimes specially appointed to 
preside on the occasion of a quaestio. 5 The judices 
were generally chosen by lot out of those who were 
qualified to act ; but in some cases the accuser and 
the accused (reus) had the privilege of choosing 
(edere) a certain number of judices out of a large 
number, who were thence called edititii. 6 Both the 
accusator and the reus had the privilege of rejecting 
■»r challenging (rejicere) such judices as they did not 
nke. 7 In many cases a lex was passed for the pur- 
pose of regulating the mode of procedure. In the 
matter of Clodius and the Bona Dea, the senate 
attempted to carry a lex by which the praetor who 
was to preside at the trial should be empowered to 
select the judices, the effect of which would have 
been to prevent their being challenged by Clodius. 
After a violent struggle, a lex for the regulation of 
the trial was proposed by the tribune Fufius and 
carried : it only differed from the lex recommended 
by the senate in the mode of determining /who 

1. (L\v., ii., 8.)— 2. (Cic.Pro Rabir., 4.)— 3. (lav., iv., 51.)— 
4. (Brtt., 22.) — 5. (Walter. Geschichte des Rom. Rechts, p. 
661.)— 6. (Cic, Pro Murseua. c. 25 ; Pro Planco, 15, 17.)— 7. 
(Cic ad Att., i., 16.) 
552 



should be the judices (fudicum genus) : a difference^ 
however, which was not unimportant, as it secured 
the acquittal of Clodius. The judices voted by bal- 
lot, at least generally, and a majority determined 
the acquittal or condemnation of the accused. Each 
judex was provided with three tablets (tabula,), on 
one of which was marked A., Absolve ; on a second, 
C, Condemno ; and on a third, N. L., Non liquet. 
The judices voted by placing one of these tablets if, 
the urns (urnce 1 ), which were then examined for the 
purpose of ascertaining the votes. It was the duty 
of the magistratus to pronounce the sentence of thf» 
judices : in the case of condemnation, to adjudgt 
the legal penalty ; of acquittal, to declare him ac- 
quitted ; and of doubt, to declare that the matter 
must be farther investigated (amplius cognoscendum). 

Mention is often made of the judicia populi in the 
Latin writers. A judicium was commenced by the 
accuser, who must be a magistratus, declaring in a 
contio that he would on a certain day accuse a 
certain person, whom he named, of some offence, 
which he also specified. This was expressed by 
the phrase "diem dicere" (Virginius Casoni capitis 
diem dicit 3 ). If the offender held any high office, it 
was necessary to wait till his time of service had 
expired before proceedings could be thus com- 
menced against him. The accused was required 
to give security for his appearance on the day of 
trial ; the security was called vades in a causa cap- 
italis, and praedes when the penalty for the alleged 
offence was pecuniary. If such security was not 
given, the accused was kept in confinement. 3 If 
nothing prevented the inquiry from taking place at 
the time fixed for it, the trial proceeded, and the 
accuser had to prove his case by evidence. The 
investigation of the facts was called anquisitio with 
reference to the proposed penalty : accordingly, the 
phrases pecunia, capite or capitis anquiiere, are 
used.* When the investigation was conclnded, the 
magistratus promulgated a rogatio, which compre- 
hended the charge and the punishment or fine. It 
was a rule of law that a fine should not be imposed 
together with another punishment in the same roga- 
tio. 5 The rogatio was made public during three 
nundinae, like any other lex, and proposed at the 
comitia for adoption or rejection. The form of the 
rogatio, the effect of which was to drive Cicero into 
banishment, is given in the Oration Pro Domo, c. 
18. The accused sometimes withdrew into exile 
before the votes were taken ; or he might make his 
defence, of which we have an instance in the ora- 
tion of Cicero for Rabirius. Though these were 
called judicia populi, and properly so in the early 
ages of the state, the leges passed in such judicia 
in the latter period of the Republic were often ple- 
biscita. 

The offences which were the chief subject of 
judicia populi and publica were majestas, adulteria 
and stupra, parricidium, falsum, vis publica and 
privata, peculatus, repetundae, ambitus, which are 
treated under their several heads. 

With the passing of special enactments for the 
punishment of particular offences was introduced 
the practice of forming a body of judices for the 
trial of such offences as the enactments were direct- 
ed against. Thus it is said that the lex Calpurnia 
De Pecuniis Repetundis established the album ju- 
dicum, or the body out of which judices were to be 
chosen. It is not known what was the number of 
the body so constituted, but it has been conjectured 
that the number was 350, and that ten were chosen 
from each tribe, and thus the origin of the pnrase 
decuriae judicum is explained. It is easy to con- 
ceive that the judicia populi, properly so called, 

1. (Juv., Sat., v., 4.)— 2. (Liv., iii., 11.)— 3. (Liv., ii; , It,) — 
4. (Liv., xxvi., 3.) — 5. (Cic, Pro Dom., c. 17.) 



JUDEX. 



UJDEA. 



<tfould be less frequent as special leges were framed 
for particular offences, the circumstances of which 
could be betf sr investigated by *, smaller body of 
judices than :y the assembled pec?ile. It is affirm- 
ed that up to the passing of the Calpurnia lex, the 
judices were chosen from the senators only, but 
after this time they were not taken from that body 
exclusively ; and farther, that not only the judices 
in the quaestiones de repetundis, but also the judices 
in private matters, were, from the date of this lex, 
taken f'om the album judicum that was annually 
made, 1 for which there appears to be no evidence. 
The lex Servilia (B.C. 104) enacted that the judices 
should not be under thirty nor above sixty years of 
age ; that the accuser and accused should severally 
propose one hundred judices, and that each might 
reject fifty from the list of the other, so that one 
hundred would remain for the trial. This lex also 
made some provisions for the mode of conducting 
the prosecution and the defence. The terms of the 
Sempronia lex of Gracchus, which was passed B.C. 
123, about twenty years before the lex Servilia, are 
variously stated ; but in general terms it is said 
that it took the judicia from the senators and gave 
them to the equites ; and this state of things lasted 
nearly fifty years, 2 till Sulla (B.C. 80) restored the 
iudicia to the senate, and excluded the equites from 
the album judicum. The lex Servilia apparently 
did not interfere with the main object of the lex 
Sempronia. Tacitus, indeed, 3 speaks of the Servil- 
iae leges restoring the judicia to the senate ; but 
the passage is encumbered with difficulty. A lex 
Aurelia (B.C. 70) enacted that the judices should 
be chosen from the three classes — of senators, 
equites, and tribuni aerarii ; and, accordingly, the 
judicia were then said to be divided between the 
senate and the equites. The tribuni aerarii were 
taken from the rest of the citizens, and were, or 
ought to have been, persons of some property. Thus 
the three decuriae of judices were formed ; and it 
was either in consequence of the lex Aurelia or 
some other lex, that, instead of one urn for all the 
tablets, the decuriae had severally their balloting 
urn, so that the votes of the three classes were 
known. Dion Cassius* ascribes this regulation to 
a lex Furia ; and he says that the object was, that 
the votes of the decuria? (hdvn, yevrj) might be 
known, though those of individuals could not, ow- 
ing to the voting being secret. It is not known if 
the lex Aurelia determined the number of judices 
in any given case. The lex Pompeia de Vi and 
De Ambitu (B.C. 52) determined that eighty judices 
were to be selected by lot, out of whom the accuser 
and the accused might reject thirty. In the case 
of Clodius, in the matter of the Bona Dea, there 
were fifty-six indices. It is conjectured that the 
number fixed for a given case by the lex Aurelia 
was seventy judices. 

Another lex Pompeia, passed in the second con- 
sulate of Pompey (B.C. 55), seems to have made 
some nuxlifications in the lex Aurelia as to the 
qualification of the judices ; but the new provisions 
of this lex are only known from Asconius, who ex- 
plains them in terms which are v<ry far from being 
clear. A lex Judiciaria of Julius Caesar took away 
the decuria of the tribuni aerarii, and thus reduced 
the judices to two classes (genera, the yivn of Dion 
Cassius). A lex judiciaria, passed after his death 
by M. Antonius, restored the decuria of the tribuni 
aerarii, but required no pecuniary qualification from 
them : the only qualification which this lex required 
was, that a person should have been a centurion or 
have served in the legions. It appears that the 

IWm. Staatsverfassung, p. 425.) 
, c 13.)— 3. (Ann., xii., GO )— 4. 



"•~ OV-I.V.VA 111 1.11^ l^glWHO. 

1. (Gtfttling, Geschichte dcr R.im. S 
—2. £*Jic. in Verr., Art. Prim., c 13.) 
rxxvui.,8 ) 

A \ 



4 A 



previous lex Pompeia, lex Aurelia, and a lex of 
Caesar had given to those who had been centurions 
(qui ordines duxerunt) the privilege of being judices 
(judicatus), but still they required a pecuniary qual- 
ification (census). The lex of Antonius, besides 
taking away the pecuniary qualification, opened the 
judicia to the soldiers. 1 It seems probable that the 
expression ex centuriis, which is used by Asconius 
in speaking of the change introduced by this lex 
Pompeia, had reference to the admission of the 
centuriones into the third class of judices. 

Augustus added to the existing three decuriae 
judicum a fourth decuria, called that of the Ducfe 
narii, who had a lower pecuniary qualification, anu 
only decided in smaller matters (de levioribus sum- 
mis*). Caligula 3 added a fifth decuria, in order to 
diminish the labours of the judices. Augustus had 
already allowed each decuria, in it3 turn, an ex- 
emption for one year, and had relieved them from 
sitting in the months of November and December. 

As to the whole number of judices included at 
any given time in the album judicum, it seems al- 
most impossible to state anything with precision ; 
but it is obvious, from what has been said, that the 
number must have varied with the various changes 
already mentioned. After the time of Augustus, 
the number was about four thousand ; and from this 
period, at least, there is no doubt that the album 
judicum contained the whole number of persons 
who were qualified to act as judices, both in judicia 
privata and judicia publica. The fourth decuria of 
Augustus was limited in its functions to the judicia 
privata, in which the matter in dispute was of small 
value. It is often stated by modern writers, with- 
out any qualification, that the various changes in 
the judiciary body from the time of the lex Calpur- 
nia to the end of the Republic had reference both 
to the judicia publica and privata ; though it is also 
stated that the objects of these various enactments 
were to elevate or depress one of the great parties 
in the state, by extending or limiting the body out 
of which the judices in any given case were to be 
chosen. But it is obvious that these reasons do not 
apply to the matter of judicia privata, in which a 
single judex generally acted, and which mostly con- 
cerned matter of property and contract. Accord- 
ingly, a recent writer* has observed, with more 
caution than some of his predecessors, that " there 
is no doubt that, from the time of Augustus, the 
album judicum had reference to the judices in civil 
matters, but that as to earlier times a difficulty 
arises from the fact that, while the lex Sempronia 
was in force, by which the senators were excluded 
from the album judicum, a consularis is mentioned 
as a judex; 5 and, on the other hand, an eques is 
mentioned as a judex at a time when the lex of 
Sulla was in force, and, consequently, senators only 
could be judices." 6 These instances certainly are 
inconsistent with the fact of the judicia privata 
being regulated by the various leges judiciariae ; 
but they are of small weight compared with the 
reasons derivable from the character of the two 
kinds of judicia and the difference in the mode of 
procedure, which render it almost a matter of de- 
monstration that the various changes in the judici- 
ary body had reference to the quaestiones and judicia 
publica. It is true that some of these leges may 
have contained provisions even as to judicia privata, 
for many of the Roman leges contained a great va- 
riety of legislative provisionSj and it is also true 
that we are very imperfectly acquainted with the 
provisions of these leges judiciariae ; but that the 

1. (Cio., Phil., i., 8; v., 5.— Suet., Jul., 41.)-2. (Suet., Oc- 
tav., 32.)— 3. (Suet., Cali^., 16.) — 4. (Walter. Geschichte del 
Rom. Rechts, p. 716.) -ft. (Cic, De Off., ii., 19.)— 6. (Cic n 
Pio Rose. Com.. . 14.) 

551 



ibDICJA iJEGITIMA. 



JUGUM. 



regiuatiai of the judicu privata was included in 
their provisions, in the same form and to the same 
extent as that of the judicia publica, is an assertion 
totally unsupported by evidence, and one which 
leads to absurd conclusions. Two leges Julias, to- 
gether with a lex iEbutia, put an end to the legis 
actiones -, 1 and a lex Julia Judiciaria limited the 
time of the judicia legitima * but it does not appear 
whether these leges were passed solely for these 
objects, or whether their provisions were part of 
some other leges. 

Though the general character of the Roman ju- 
dicia, and the modes of procedure both in civil and 
criminal matters, are capable of a sufficiently clear 
exposition, there is much uncertainty as to many 
details, and the whole subject requires a careful ex- 
amination by some one who combines with a com- 
petent knowledge of the original authorities an ac- 
curate acquaintance with the nature of legal proce- 
dure. 

The following works may be referred to : Wal- 
ter, Geschichie des Rom. Rechts. — Gottling, Geschich- 
te der Rom. Staatsverfassung. — Heineccius, Syntag- 
ma, &c. — Tigerstrom, De Judicibus apud Romanos, 
Berl., 182G, valuable only for the collection of the 
original authorities. — Keller, Uebcr Litis Contestation 
und Urtheil, &c, Zurich, 1827. — Also Gaius, iv. ; 
Dig. 5, tit. 1, De Judiciis ; Dig. 48, De Judiciis Pub- 
licis ; Inst., iv., tit. 18. 

JUDEX ORDINA'RIUS. (Vid. Judex Peda- 

NEUS } 

JUDEX PEDA'NEUS. The origin and meaning 
of this term seem to be entirely unknown. The 
judices to whom the praetor or praeses referred a 
matter in litigation with the usual instructions, were 
sometimes called pedanei. 3 Subsequently the prae- 
ses, who was now sometimes designated judex or- 
dinarius, or judex simply,* decided most matters 
without the intervention of a judex ; but still he 
was empowered to appoint a permanent body of ju- 
dices for the decision of less important matters, and 
these also were called judices pedanei, " hoc est qui 
negotia humiliora disceptent."* The proceedings be- 
fore this new kind of judices pedanei were the same 
as before the praeses. Some modern writers are of 
opinion that these new pedanei judices did not form 
a permanent court, but only decided on matters 
which were referred to them by a superior authority. 6 
JUDEX QU^ESTIO'NIS. (Vid. Judex, p. 552.) 
JUDICA'TI ACTIO. A thing was a res judi- 
cata when the matter in dispute had been determin- 
ed by a judicial sentence, and the actio judicati 
was a mode which the successful party might adopt 
for obtaining a decree of the magistratus, by which 
he could take possession of the property of the per- 
son who had lost the cause and had not satisfied the 
judgment. The plaintiff in the actio judicati was 
also protected in his possession of the defendant's 
property by a special interdict, and he was empow- 
ered to sell it. The party condemned was limited 
as to his defence. Originally the judicatus was 
obliged to find a vindex (vindicem dare) ; but in the 
time of Gaius it had become the practice for him to 
give security to the amount of the judgment (judi- 
catum solvi satisdare). If the defendant pleaded that 
there was no res judicata, he was mulcted in double 
the amount of the judgment if his plea was false. 7 
JU'DICES EDITPTII. (Vid. Judex, p. 552.) 
JUDI'CIA DUPLFCIA. (Vid. Family Ercis- 
cund^s Actio.) 

JUDI'CIA LEGFTIMA. (Vid. Imperium, page 
530.) 



1. (Gaius, iv., 30.)— 2. (Gaius, iv., 104.)— 3. (Theophil., iv., 

15.— Cod. 3, tit. 3.)— 4. (Cod. Theod., 1, tit. 7.)- 5. (Cod. 3, tit. 

3, b. 5-) — 6. (Cod. 3, tit. 3.) — 7. (Gaius, iv., 9, 25, 171, 102.— 

Cic , Pro Flacc, 20— Paulus, S. R., 1, tit. 19.— Dig. 42, tit. 1.) 

554 



JUDFCIA QU.E IMPERIO. (Vid. Imperium, 
p. 530.) 

JUDFCIUM. (Vid. Judex.) 

JUDFCIUM PO'PULI. (Vid. Judex, p. 551, 
552 ) 

JUDFCIUM PRIVATUM, PU'BLICUM. (Vid. 
Judex, p. 551.) 

JU'GERUM, a Roman measure of surface, 240 
feet in length and 120 in breadth, containing, there- 
fore, 28,800 square feet. 1 It was the double of the 
actus quadratics, and from this circumstance, accord 
ing to some writers, it derived its name. 2 (Vid 
Actus Quadratus.) The uncial division (vid. As) 
was applied to the jugerum, its smallest part being 
the scrupulum of 10 feet square, =100 square feet. 
Thus the jugerum contained 288 scrupula. 3 The 
jugerum was the common measure of land among 
the Romans. Two jugera formed an heredium, #» 
hundred heredia a centuria, and four centuria a sal- 
tus. These divisions were derived from the origi- 
nal assignment of landed property, in which two;V,- 
gera were given to each citizen as heritable prop- 
erty.* 

*JUGLANS, the Wallnut, or Juglans regia, L., 
the same with the nupvov or Kapva of the Greeks. 
(Vid. Car yum.) 

JUGUM (Cyyoc, fyyov) signified, in general, that 
which joined two things together. It denoted more 
especially, 

1. The transverse beam which united the upright 
posts of a loom, and to which the warp was attach- 
ed. 6 (Vid. Tela.) 

2. The transverse rail of a trellis, 6 joining the 
upright poles (perticce, x (i P aKE £) f° r the support of 
vines or other trees. (Vid. Capistrum.) Hence, by 
an obvious resemblance, the ridges uniting the tops 
of mountains were called juga montium. 7 

3. The crossbar of a lyre. 8 

4. A scalebeam, and hence a pair of scales. ( Vid. 
Libra.) The constellation Libra was consequently 
also called Jugum. 9 

5. The transverse seat of a boat. 10 This gave or- 
igin to the term Cyyirrjg, as applied to a rower. A 
vessel with many benches or banks for the rowers 
was called vvvc iro'kv^vyoe or eKaro^vyoc. 11 

6. The yoke by which ploughs and carriages were 
drawn. This was by far the most common applica- 
tion of the term. The yoke was in many cases a 
straight wooden plank or pole laid upon the horses' 
necks ; but it was commonly bent towards each 
extremity, so as to be accommodated to the part oJ. 
the animal which it touched (curva juga 12 ). The 
following woodcut shows two examples of the yoke, 
the upper from a MS. of Hesiod's Works and Days, 
preserved at Florence, the lower from a MS. of 
Terence, belonging to the Vatican library. These 
may be compared with the still ruder forms of the 
yoke as now used in Asia Minor, which are intro- 
duced in the article Aratrum. The practice of 
having the yoke tied to the horns, and pressing 
upon the foreheads of the oxen (capite, non cervice 
junctis 13 ), which is now common on the Continent 
of Europe, and especially in France, is strongly 
condemned by Columella on grounds of economy 
as well as of humanity. 14 He recommends that their 
heads should be left free, so that they may raise 
them aloft, and thus make a much handsomer ap- 

1. (Colum., De Re Rust., v., 1, $ 6. — Quintil., Inst. Or., i., 
18.)— 2. (Varro, De Ling. Lat., v., 35, ed. Miiller.) — 3. (Varro, 
ib., ii., 12.) — 4. (Varro, ib., i., 10. — Niebuhr, Hist, of Rome, ii., 
p. 156, &c, and Appendix, ii.) — 5. (Ovid, Met., vi., 55.) — 6. 
(Varro, De Re Rust., i., 8. — Col., De Re Rust., iv., 17, 20.— Id 
ib., xii., 15.— Geopon., v., 29.)— 7. (Virg., Eclog., v.,.76.— Flor., 
ii., 3, 9, 17.— Id., hi., 3.)— 8. (Horn., II., ix., 187.)— 9. (Cic, Div. , 
ii., 47.)— 10. (jEschyl., Agam., 1608.— Soph., Ajax, 247.— Virg.. 
JEn., vi., 411.)— 11. (Horn., II., ii., 293.— Id. ib., xx., 247.)- 1£ 
(Ovid, Fast., iv., 216.— Id., Trist., iv., 6, 2.)- 13. (Plin , H. N.» 
viii., 70.)— 14. (De Re Rust., ii., 2.) 



JUGUM. 



JULLE LEGES 



clearance. (Compare woodcut, p. 225 1 ). All this 
was effected by the use either of the two collars 
(subjugia, 7 /u£Ga6a, 3 frvyXat*), shown in the upper 
figure of the woodcut, or of the excavations (ylvfyai) 
txit in the yoke, with the bands of leather (lora ; 
tincla ; 5 Tavpodzriv (3vpaav krravxevir/v, 6 ?ieiru8va), 
which are seen in the lower figure. 





This figure also shows the method of tying the 
yoke to the pole {temo, pvpos) by means of a leathern 
strap (Cuyodea/ioi/ 7 ), which was lashed from the two 
opposite sides over the junction of the pole and 
yoke. These two parts were still more firmly con- 
nected by means of a pin (e^oloq ; 8 eorop ; 9 eu6pv- 
ov : 10 vid. Currxts, p. 332), which fitted a circular 
cavity in the middle of the yoke (bu<j>a2.6g 11 ). Homer 
represents the leathern band as turned over the 
fastening thrice in each direction. But the fasten- 
ing was sometimes much more complicated, espe- 
cially in the case of the celebrated Gordian knot, 
which tied the yoke of a common cart, and consist- 
ed only of flexible twigs or bark, but in which the 
ends were so concealed by being inserted within 
the knot, that the only way of detaching the yoke 
was that which Alexander adopted." 

Besides being variegated with precious materials 
and with carving, the yoke, especially among the 
Persians, was decorated with elevated plumes and 
figures. Of this an example is presented in a bas- 
relief from Persepolis, preserved in the British Mu- 
seum. The chariot of Darius was remarkable for 
the golden statues of Belus and Ninus, about eigh- 
teen inches high, which were fixed to the yoke over 
the necks of the horses, a spread eagle, also wrought 
in gold, being placed between them. 13 The passa- 
ges above cited show that when the carriage was 
prepared for use, the yoke, which had been laid 
aside, was first fastened to the pole, and the horses 
were then led under it. Either above them, or at 
the two ends of the yoke, rings were often fixed, 
through which the reins passed. These frequently 
appear in works of ancient art representing chariots. 

Morning and evening are often designated in po- 
etry by the act of putting the yoke on the oxen 1 * 
and taking it off 15 (fiovlvoic;, (3ov?mtos ; 16 ftovMcriog 

£>p7J 17 ). 

By metonymy jugum meant the quantity of land 
which a yoke of oxen could plough in a day. 18 It 



1. (Cic, De Nat. Deor., ii., 63. — Ovid, Met., vii., 211.)— 2. 
(Vhruv., x., 3, 8.)— 3. (Hesiod, Op. et Dies, 469.— Proclus, ad 
loc.)— 4. (Horn., 11., xix., 406.— Schol. ad Apoll. Rhod., iii.,232.) 
—5. (Tib., ii., 1, 1.)— 6. (Brunck, Anal., iii., 44.)— 7. (Horn., II., 
v., 730.— Id. ib xxiv., 268-274.)— 8. (Schol. in Eurip., Ilippol., 
666.)— 9. (Horn., 1. c.)— 10. (lies., 1. c.)— 11. (Horn., 1. c.)— 12. 
(Arrian, Exp. Alex., ii., p. 85, ed. Blan.— Q. Curt., iii., 2.— 
Schol. in Eurip., 1. c.)— 13. (Q. Curt., iii., 3.)— 14. (Hes., Op. et 
Dies, 581.)— 15. (Hor., Carm., III., vi., 42.— Virg., Eclog., ii., 
16.— Ovid, Fast., v., 497.)— 16. (Arrian, 1. c— Horn., II., xvi., 
f97.— Cic.ad Art., xv., 27.)— 17. (Arat, Diosc, 387.)— 18. (Var- 
io, De Be Rust., i., 10.) 



was used as equivalent to the Latin par and th« 
Greek frvyoc, 1 as in aquilarum jugum* By another 
figure the yoke meant slavery, or the condition is; 
which men are compelled against their will, like 
oxen or horses, to labour for others. 3 Hence, to 
express symbolically the subjugation of conquered 
nations, the Romans made their captives pass un- 
der a yoke,* which, however, in form and for the 
sake of convenience, was sometimes made, not like 
the yoke used in drawing carriages or ploughs, but 
rather like the jugum described under the first two 
of the preceding heads ; for it consisted of a spear 
supported transversely by tw T o others placed upright. 

JU'LLE LEGES is a term by which various le- 
ges are designated, most of which were passed in 
the time of C. J. Caesar and Augustus. 

JULIA LEX DE ADULTE'RIIS. (Vid. Adul- 

TERIUM.) 

JULIA LEX AGRA'RIA is referred to by Sue- 
tonius, 5 and in the Digest, De Termino Moto. 6 But 
the lex of C. Caesar, referred to in the Pandect, is 
probably a lex of Caligula. The Agraria lex of the 
dictator Caesar was passed B.C. 59, when he was 
consul. 7 

JULIA LEX DE A'MBITU. (Vid. Ambitus.) 

JULIA LEX DE ANNO'NA. 8 

JULIA LEX DE BONIS CEDENDIS. This 
lex provided that a debtor might escape all person- 
al molestation from his creditors by giving up his 
property to them for the purpose of sale and distri- 
bution. 9 It is doubtful if this lex was passed in the 
time of J. Caesar or of Augustus, though probably 
of the former. 10 The beneficium of the lex was ex- 
tended to the provinces by the imperial constitu- 
tions. 11 

JULIA LEX CADUCA'RIA is the same as the 
lex Julia et Papia Popp^ea. 

JULIA LEX DE CEDE ET VENEFI/CIO," 
perhaps the same as the lex De Vi Publica. 

JULIA LEX DE CIVITA'TE was passed in the 
consulship of L. J. Caesar and P. Rutilius Lupus, 
B.C. 90. (Vid. Civitas, Fozderat^e Civitates.) 

JULIA LEX DE FCE'NORE, or, rather, De Pe- 
cuniis Mutuis or Creditis (B.C. 47), passed in the 
time of J. Caesar. 13 The object of it was to make 
an arrangement between debtors and creditors for 
the satisfaction of the latter. The possessiones 
and res were to be estimated at the value which 
they had before the civil war, and to be surrendered 
to the creditors at that value ; whatever had been 
paid for interest was to be deducted from the prin- 
cipal. The result was, that the creditor lost about 
one fourth of his debt ; but he escaped the loss 
usually consequent on civil disturbance, which would 
have been caused by novae tabulae. 14 A passage of 
Tacitus 15 is sometimes considered as referring to 
this lex, and sometimes to the lex De Bonis Ceden- 
dis ; but it does not seem to refer to either of them 
The passage of Dion Cassius 16 seems to refer to this 
lex De Mutuis Pecuniis. 

JULIA LEX DE FUNDO DOTA'LI. The pro- 
visions as to the fundus dotalis were contained in 
the lex Julia de Adulteriis. 17 This Julia lex was 
commented on by Papinian, Ulpian, and Paulus. 
(Vid. Adulterium.) 

JULI^E LEGES JUDICIATILE. The lex re- 

1. (Horn., II., xviii , 743.)— 2. (Plin., H. N., x., 4, 5.)— 3. 
(jEsch., Agam., 512. — Florus, ii., 14. — Tacit., AgTic, 31. — Hor., 
Sat., II., vii., 91.)— 4. (Florus, i., 11.)— 5. (Jul., 20.)— 6. (47, 
tit. 21.)— 7- (Dion Cass., xxxviii., 1-7, &c. — Cic, Phil., ii., 39. 
—Id., ad Art., ii., 16, 18.— Rudorff, " Lex Mamilia de Coloniis," 
Zeitschrift, vol. ix.)— 8. (Dig. 48, tit. 1, s. 1.)— 9. (Gaius, iii., 
78.)— 10. (Caesar, Bell. Civ., iii., 1.— Sueton., J. Ctes., 42.— Ta 
cit., Ann., vi., 16.— Dion Cass., lviii., 21.)— 11 (Cod. 7, tit. 71, 
s. 4.)— 12. (Sueton., Nero, 33.)— 13. (Sueton., Jul., 42.- Caesar, 
Bell. Civ., iii., 1.) — 14. (Compare C«sar, Bell. Civ., iii., 1, with 
Sueton., Jul., 42.)— 15. (Ann., vi., 16.)— 16. (lviii., 21 : Uepl rwt 
avn$o)\ai<dv.) — 17. (Gaius, ii., 63. — Paulus, S. R., ii., tit. 21, s. 
2.— Dig., De Fundo Dotali, 23, ft. 5, s. 1, 2, 13.) 

555 



JULLE LEGES. 



JULLE LEGES. 



Jferred to in the Digest, 1 by which a person under 
twenty years of age was not compelled to be a ju- 
dex, is probably one of the leges Juliae Judiciariae. 2 
As to the other Juliae leges Judiciariae, vid. Judex. 
JULIA LEX DE LFBERIS LEGATIO'NIBUS. 3 

( rid XjI? C A T*TT S ^ 

JULIA LEX MAJESTATIS.* The lex Majes- 
tatis of the Digest 5 is probably a lex of Augustus. 
(Vid. Majestas.) 

JULIA LEX MUNICIPALS, commonly called 
the Table of Heraclea. In the year 1732 there 
were found near the Gulf of Tarentum and in the 
neighbourhood of the ancient city of Heraclea large 
fragments of a bronze tablet, which contained on 
one side a Roman lex, and on the other a Greek in- 
scription. The whole is now in the Museo Borbon- 
ico at Naples. The lex contains various provis- 
ions as to the police of the city of Rome, and as to 
the constitution of communities of Roman citizens 
(rnunicipia, colonics, prafecturce, fora, conciliabula civ- 
ium Romanorum). It was, accordingly, a lex of that 
kind which is called Satura. 

It is somewhat difficult to determine the date of 
this lex, but there seem to be only two dates that 
can be assumed as probable ; one is the time imme- 
diately after the Social War, or shortly after B.C. 
89 ; the other is that which shortly followed the 
admission of the Transpadani to the civitas (B.C. 
49). This latter date, in favour of which various 
considerations preponderate, seems to be fixed 
about the year B.C. 44 by a letter of Cicero. 6 
Compare the tablet ]., 94, 104, as to persons whom 
the lex excluded from the office of decurio. 

It seems that the lex of the year B.C. 49, which 
^ave the civitas to the Transpadani, enacted that a 
Roman commissioner should be sent to all the 
towns for the purpose of framing regulations for 
tSieir municipal organization. The lex Julia em- 
powered the commissioners to continue their la- 
bours for one year from the date of the lex, the 
terms of which were so extended as to comprise 
the whole of Italy. The lex was therefore appro- 
priately called Municipalis, as being one which es- 
tablished certain regulations for all rnunicipia ; and 
ihm sense of the term municipalis must be distin- 
guished from that which merely refers to the local 
usages or to the positive law r s of any given place, 
which is expressed by such terms as lex Municipii, 
lex Civitatis, and other equivalent terms. 

The name lex Julia rests mainly on the fact (as- 
sumed to be demonstrated) that this lex was passed 
when J. Cresar was in the possession of full power ; 
ihat it is the lex referred to by Cicero ; and that it 
is improbable that it would have been called by any 
other personal appellation than that of Julia. It is 
farther proved, by a short inscription found at Pa- 
dua in 1696, that there was a lex Julia Municipalis ; 
and the contents of the inscription (mi. vir <zdilici<z. 
potestat. c lege. Julia Municipali), compared with 
Cicero (eratque rumor de Transpadanis eos jussos 
mi. viros creare 1 ), render it exceedingly probable 
that the lex Julia Municipalis of the inscription is 
the lex of the Table of Heraclea and the lex Muni- 
cipalis of the Digest. 8 

(Savig,":j, Volksschluss der Tafel von Heraclea, 
Zeitschrift, vol. ix., p. 300 ; the tablet is printed in 
the work of Mazochi, Comm. in aneas Tab. Heracl., 
p. 1, 2, Neap., 1754, 1755, fol., with a commentary 
which contains much learning, but no sound criti- 
cism.) 

JULIA LEX ET PAPIA POPPAEA. Augustus 
appears to have caused a lex to be enacted about 

1. (iv., tit. 8, s. 41.)— 2. (Gell., iv., 2.)— 3. (Cic. ad Att., xv., 
11.)— 4. (Cic, Phil., i., 91.)— 5. (48, tit. 4.)-6. (ad Fain., vi., 
18.)— 7. (ad Att., v., 2.)— 8. (50, tit. 9, s. 3.— Cod. 7, tit 9, s. 1 ; 
and Dig. 50, tit. 1, " ad Municipalem et de Incolis.") 
556 



B.C. 18, which is tited as the lex Julia de Maritan 
dis Ordinibus, 1 and is referred to in the Carmen 
Seculare of Horace, which was written in the ye ir 
B.C. 17. The object of this lex was to regulate 
marriages, as to which it contained numerous pro- 
visions ; but it appears not to have come into oper- 
ation till the year B.C. 13. In the year A.D. 9, and 
in the consulship of M. Papius Mutilus and Q. Pop- 
paeus Secundus (consules suffecti), another lex was 
passed as a kind of amendment and supplement to 
the former lex, and hence arose the title of lex Julia 
et Papia Poppaea, by which this lex is often quoted. 
It is not known whether these leges were passed 
by the centuriae or the tribus. The lex is often va- 
riously quoted, according as reference is made to 
its various provisions : sometimes it is called lex 
Julia, sometimes Papia Poppaea, sometimes lex Ju- 
lia et Papia, sometimes lex De Maritandis Ordini- 
bus, from the chapter which treated of the marria- 
ges of the senators, 2 sometimes lex Caducaria, De- 
cimaria, &c, from the various chapters. 3 

There were many commentaries on this lex by 
the Roman jurists, of which considerable fragments 
are preserved in the Digest : Gaius wrote 15 books, 
Ulpian 20, and Paulus 10 books at least, on this 
lex. The lex contained at least 35 chapters ;* b\& 
it is impossible to say to which of the tw T o leges in- 
cluded under the title of lex Julia and Papia Pop- 
paea the several provisions, as now known to us, 
belong. Attempts have been made, both by J. Goth- 
ofredus and Heineccius, to restore the lex, proceed- 
ing on the assumption that its provisions are redu- 
cible to the two general heads of a lex Maritalis and 
lex Caducaria. 

The lex Julia forbade the marriage of a senator 
or a senator's children with a libertina, with a 
woman whose father or mother had followed an 
ars ludicra, and with a prostitute •, and also the 
marriage of a libertinus with a senator's daughter. 
If an hereditas or a legatum was left to a person on 
condition of not marrying, or on conditions which 
in effect prevented marriage, the conditions were 
illegal, and the gift was unconditional. The condi- 
tion, however, might be not to marry a certain 
specified person or certain specified persons, or it 
might be to marry a particular person ; but then 
the person must be such a one as would be a suita- 
ble match, otherwise the condition would be, in ef- 
fect, a condition not to marry, and therefore void.' 

In order to promote marriage, various penalties 
were imposed on those who lived in a state of celi- 
bacy (ccclibatus) after a certain 'age. Caelibes cou'J 
not take an hereditas or a legacy (legatum) ; but if 
a person was caelebs at the time of the testato, 's 
death, and was not otherwise disqualified (jure zi~ 
vili), he might take the hereditas or legatum if he 
obeyed the lex within one hundred days, that is. if 
he married within that time. 6 If he did not com- 
ply with the lex, the gift became caducum. (Vid. 
Caduca.) The lex Julia allowed widows a term ol 
one year (vacatio) from the death of a husband, and 
divorced women a term of six months from the 
time of the divorce, within which periods they were 
not subject to the penalties of the lex : the lex Pa- 
pia extended these periods, respectively, to two 
years, and a year and six months. 7 A man when 
he attained the age of sixty, and a woman when 
she attained the age of fifty, were not included with- 
in the penalties of the lex ; but if they had not 
obeyed the lex before attaining those respective 
ages, they were perpetually bound by its penalties 

1. (Dig-. 38, tit. 11 ; 23, tit. 2.)— 2. (Gaius, i., 178.— Ulp., 
Frag-., xi., 20.— "Lex Marita:" Hor., Cayni. Sec.)— 3. (Ulp., 
Frag-., xxviii., tit. 7. — Dion Cass., liv., 16. — Id., lvi., 1, <fcc.-- 
Tacit., Ann., iii., 25.)— 4. (Dig. 22, tit. 2, s. 19.)— 5. (Dig. 35, 
tit. 1, s. 63.)— 6. (Ulp., Frag., xvii., tit. 1.)- 7. (Ulp.. Frag, 
xiv.) 



JULLE LEGES. 



JURE CESSIO. 



by a senatus consultum Pernicianum. A senatus 
consultum Claudianum so far modified the strict- 
ness of the new rule as to give to a man who mar- 
ried above sixty the same advantage that he would 
have had if he had married under sixty, provided 
he married a woman who was under fifty ; the 
ground of which rule was the legal notion that a 
woman under fifty was still capable of having chil- 
dren. 1 If the woman was above fifty and the man 
under sixty, this was called impar matrimonium, 
and by a senatus consultum Calvitianum it was en- 
tirely without effect as to releasing from incapacity 
to take legata and dotes. On the death of the wom- 
an, therefore, the dos became caduca. 

By the lex Papia Poppaea a candidate who had 
several children was preferred to one who had few- 
er. 8 Freedmen who had a certain number of chil- 
dren were freed " operarum obligatione ;" 3 and liber- 
tae who had four children were released from the 
tutela of their patrons.* Those who had three 
children living at Rome, four in Italy, and five in 
the provinces, were excused from the office of tutor 
or curator. 5 After the passing of this lex, it be- 
came usual for the senate, and afterward the em- 
peror (princeps), to give occasionally, as a privilege, 
to certain persons who had not children, the same 
advantage that the lex secured to those who had 
children. This was called the jus liberorum. Pliny 
says' that he had lately obtained from the emperor 
for a friend of his the jus trium liberorum. 7 This 
privilege is mentioned in some inscriptions, on which 
the abbreviation I. L. H. (jus liberorum habens) some- 
times occurs, which is equivalent to "jura parentis 
habere." The Emperor M. Antoninus provided that 
children should be registered by name, within thirty 
days after their birth, with the praefectus oerarii Sa- 
turni. 8 

The lex also imposed penalties on orbi, that is, 
married persons who had no children (qui liberos 
non habeni 9 ), from the age of twenty-five to sixty in 
a man, and from the age of twenty to fifty in a 
woman. By the lex Papia, orbi could only take 
one half of an hereditas or legatum which was left 
to them. 10 It seems that an attempt had been made 
to evade this part of the lex by adoptions, which a 
senatus consultum Neronianum declared to be inef- 
fectual for the purpose of relieving a person from 
the penalties of the lex. 11 

As a general rule, a husband and wife could only 
leave to one another a tenth part of their property ; 
but there were exceptions in respect of children ei- 
ther born of the marriage or by another marriage of 
one of the parties, which allowed of the free dispo- 
sal of a larger part. This privilege might also be 
acquired by obtaining the jus liberorum. 13 

JULIA LEX PECULA'TUS. ( Vid. Peculatus.) 

JULIA LEX ET PLAUTIA, which enacted that 
there could be no usucapion in things obtained by 
robbery (vi possessor.). The Twelve Tables had al- 
ready provided that there could be no usucapion in 
stolen things. 13 This lex was probably passed B.C. 
89. 

JULIA LEX DE PROVI'NCIIS. (Vid. Pro- 
vince.) 

JULIA LEX REPETUNDA'RUM. (Vid. Rep- 

ETUNDjE.) 

JULIA LEX DE RESFDUIS. (Vid. Pecula- 
te.) 
JULIA LEX DE SACERDO'TIIS. 1 * 

1 ("Ulp., Frag., xvi.— Suet., Claud., 23.)— 2. (Tacit., Ann., 
*▼., 19.— Plin., Ep., vii., 16.)— 3. (Dig. 38, tit. 1, " De Operis 
Libartorum.")— 4. (Ulp., Frag., tit. 29.)— 5. (Inst, i., 25.— Dig. 
27, tit. 1.)— 6. (Ep., ii., 13.)— 7. (Vid., also, Ep., x., 95, 96.)— 
8. (Capitol., M. Ant., c. 9.— Compare Juv., Sat., ix., 84.)— 9. 
<Gaiu», ii., 111.)— 10. (Gaius, ii., 286.)— 11. (Tacit., Ann., xv., 
19.)— 12. (Ulp., Frag., tit. 15, 16.)— 13. (Gaius, ii., 45.— Inst., 
*., lit. 6.)— 14. (Cic, Ep. ad Brut., i., 5.) 



JULIA LEX DE SACRI'LEGIS. ( Vid. Picir 

LATUS.) 

JULIA LEX SUMTUA'RIA, passed in the time 
of J. Caesar, 1 and one under Augustus. 8 (Vid. 
Sumtuari^: Leges.) 

JULIA LEX THEATRA'LIS, 3 which permitted 
Roman equites, in case they or their parents ever 
had a census equestris, to sit in the fourteen rows 
(quatuordecim ordines) fixed by the lex Roscia The- 
atralis, B.C. 69. 

JULIA LEX ET TI'TIA, passed under Augus- 
tus B.C. 32,* which empowered the p.faeses of a 
province to appoint a tutor for women and pupilli 
who had none. 8 A lex Atilia of earlier but uncer- 
tain date had given the same power at Rome to the 
praetor urbanus and the majority of the tribuni ple- 
bis ; and the new lex w^as passed in order to extend 
the same advantages to the provinces. There are 
some reasons for supposing that there were two 
leges, a Julia and a Titia ; and among those rea 
sons is the circumstance that it is not usual to unite 
by the word et the two names which belong to one 
lex, though this is done by Cicero 6 in speaking of the 
lex Licinia and Mucia. 

JULIA LEX DE VI PU'BLICA AND PR1- 
VA'TA. (Vid. Vis.) 

JULIA LEX VICESIMA'RIA. (Vid. Vicesima.) 

*JUNCUS, the Rush, in Greek axoivoc. (Vid. 
Schosnus.) In the second Eclogue of Virgil, 7 that 
poet speaks of " interweaving osiers with soft rush- 
es" (" Viminibus mollique paras detexere junco"). 
Fee thinks that he here refers, not to the common 
Rush, but to the Scirpus lacustris of Linnaeus. 8 

JU'NEA or JU'NIA NORBA'NA. (Vid. Liber- 

TI.) 

JU'NIA LEX, REPETUNDA'RUM. ( Vid. Re- 

PETUND.dE.) 

*JUNIP'ERUS (ap>cev6oc), the Juniper-tree, or 
Juniperus communis, L. The Juniper is a very 
common tree, of which botanical writers mention 
two species, distinguished from each other by the 
size of their fruit. It grows in Europe in all lati- 
tudes. The berry, which the Greeks called apKev- 
dic, has a strong odour, from which the tree itself is 
not exempt. Theophrastus states that the apnev- 
6oc is like the nedpoc, and that, in fact, some ap- 
plied the same generic name to both, calling the 
apuevdoc, for distinction' sake, the Kidpoc ogvtcedpoc. 
Dioscorides describes two species of Juniper, which 
Sprengel decides to be the Juniperus macrocarpa, 
Sibth., and the J. oxycedrus. 9 

JURA IN RE. (Vid. Dominium, p. 374.) 
JURE ACTIO, IN. (Vid. Jurisdictio.) 
JURE CE'SSIO, IN, was a mode of transferring 
ownership by means of a fictitious suit, and so far 
resembled the forms of conveyance by fine and by 
common recovery which, till lately, were in use in 
England. The in jure cessio was applicable to 
things mancipi and nee mancipi, and also to res in- 
corporates, which, from their nature, were incapable 
of tradition. The parties to this transaction were 
the owner (dominus qui cedit), the person to whom 
it was intended to transfer the ownership (vindicans, 
cui ceditur), and the magistratus, qui addicit. (Vid. 
Jurisdictio.) The person to whom the ownership 
was to be transferred, claimed the thing as his own 
in the presence of the magistratus and the real 
owner ; the magistratus called upon the owner for 
his defence, and, on his declaring that he had none 
to make, or remaining silent, the magistratus de- 
creed (addixit) the thing to the claimant. This pro- 
ceeding was a legis actio. 

1. (Dion Cass., xliii., 25.)— 2. (Cell., ii., 24.)— 3. (Suet., Oc- 
tav., 40.— Plin., H. N., xxxiii., 2.)— 4. (Inst., i., tit. 20.)— 5. (Ulp., 
Fra?., vi., tit. 11.)— 6. (Brut., c. 16.— Pro Balbo, c. 21.)— 7. (1, 
72.)— 8. (F6e, Flore de Vrgile, p. lxxiii.)— 9. (Fee, Fkee li 
Virgile, p. Ixxii'. — Adams Append., s. v. ap<£v0u<.) 

557 



JURISCONSULTI. 



JURISCONSULT!. 



A.n hereditas could be transferred by this process 
eid. Heres, Roman, p. 500) ; and the res corpo- 
rales, whicli belonged to the hereditas, passed in 
this way just as if they had severally been trans- 
ferred by the in jure cessio. 

The injure cessio was an old Roman institution, 
and there were provisions respecting it in the 
Twelve Tables. 1 

JURISCONSULTI or JURECONSULTI. The 
origin among the Romans of a body of men who 
were expounders of the law may be referred to the 
separation of the jus civile from the jus pontificium. 
(Yid. Jus Civile Flavianum.) Such a body cer- 
tainly existed before the time of Cicero, and the 
persons who professed to expound the law were 
called by the various names of jurisperiti, juriscon- 
sulti, or consulti simply. They were also desig- 
nated by other names, as jurisprudentes, pruden- 
tiores, peritiores, and juris auctores. Cicero 8 enu- 
merates the jurisperitorum auctoritas among the 
component parts of the jus civile. The definition 
of a jurisconsultus, as given by Cicero, 3 is a " per- 
son who has such a knowlege of the laws {leges) and 
customs (consuetudo) whicli prevail in a state as to 
be able to advise (respondendum), act (agendum), 
and to secure a person in his dealings (cavendum) : 
Sextus ^Elius Catus (vid. Jus ^Elianum), M. Man- 
lius, and P. Mucius are examples." In the oration 
Pro Muraena, Cicero uses " scribere" in the place 
of " agere." The business of the early jurisconsul- 
ti consisted both in advising and acting on behalf 
of their clients (consultores) gratuitously. They 
gave their advice or answers (responsa) either in 
public places which they attended at certain times, 
or at their own houses ;* and not only on matters 
of law, but on anything else that might be referred 
to them The words " scribere" and " cavere" re- 
ferred to their employment in drawing up formal 
instruments, such as contracts or wills, &c. At a 
.later period, many of these functions were per- 
formed by persons who were paid by a fee, and 
thus there arose a body of practitioners distinct 
from those who gave responsa, and who were wri- 
ters and teachers. Tiberius Coruncanius, % a plebe- 
ian, who was consul B.C. 281, and also pontifex 
maximus, is mentioned as the first who gave ad- 
vice publicly (publice professus est), and he was 
distinguished both for his knowledge of the law 
and his eloquence. He left no writings. Long be- 
fore the time of Cicero the study of the law had be- 
come a distinct branch from the study of oratory, 
and a man might raise himself to eminence in the 
stpfc* >r >v His reputation as a lawyer, as well as by his 
oratorical power or military skill. There were 
many distinguished jurists in the last two centuries 
Df the republican period, among whom are M. Ma- 
nilius; P. Mucius Scaevola, pontifex maximus (B.C. 
131) ; Q. Mucius Scaevola, the augur ; and Q. Mu- 
cius Scaevola, the son of Publius, who was consul 
B.C. 95, and afterward pontifex maximus, and one 
of the masters of Cicero (jurisperitorum eloquenlissi- 
mus, eloquentium jurisperitissimus 5 ). This Scaevola 
the pontifex was considered to have been the first 
who gave the jus civile a systematic form, by a 
treatise in eighteen books. 6 Servius Sulpicius Ru- 
ms, the friend and contemporary of Cicero, 7 was as 
great an orator as the pontifex Scaevola, and more 
distinguished as a jurist. Many persons, both his 
predecessors and contemporaries, had a good prac- 
tical knowledge of the law, but he was the first who 
bandied it in a scientific manner, and, as he had 
boib. numerous scholars and was a voluminous wri- 
ter, we may view him as the founder of that method- 

1 (Frag. Vat., s. 50.— Gaius, ii., 24.— Ulp., Frag., tit. 19, s. 9.) 
—2 (Top., 5.)— 3. (De Or., i., 48.)— 4. (Cic, De Or., iii.. 33.^ 
-* (Cic, De Or., i.. 3<> *— 6 (Dig. 1, tit. 2, s. 2, < 41.) — /. 
(Brut., 7, 40.) 
558 



ical treatment of the matter of law which charac- 
terized the subsequent Roman jurists, 1 and in which 
they have been seldom surpassed. 

The jurists of the imperial times are distinguish- 
ed from those of the republican period by two cir- 
cumstances, the jus respondendi, and the rise of 
two sects or schools of law. 

It is said that Augustus determined that the ju- 
risconsulti should give their responsa under his 
sanction (ex auctoritate ejus responderent), and, ac- 
cordingly, Gaius 2 speaks of the responsa and opin- 
iones of those jurists " quibus permissum est jura 
condere." The object of Augustus was probably to 
obtain, by this indirect method, that control over 
the administration of the law which he could not 
obtain in any other way. It does not appear that the 
jurists who had not obtained this mark of imperial 
favour were excluded from giving opinions ; but 
the opinions of such jurists would have little weight 
in comparison with those of the privileged class. 
The unanimous opinion of the jurists was to have 
the force of law (legis vicem) : if they were not 
unanimous, the judex might follow which opinion 
he pleased. Gaius refers the establishment of this 
rule to a rescript of Hadrian ; 3 but it seems probable 
that this rescript must be rather considered as con- 
firmatory of the established practice. The consti- 
tution of this body of jurists, and the mode of pro- 
ceeding as to taking their opinions, are not known. 
It is a reasonable conjecture that they formed a 
kind of college ; otherwise it is not easy to suppose 
how the opinions were taken. The power of ma- 
king or declaring the law was limited to a decision 
in the cases which came before them, which, how- 
ever, would doubtless be received as law in all C3- 
ses of the same kind, and would serve as a guide 
in cases of a similar kind. The earlier juriscoasulti 
gave their opinions either orally or in writing ; but 
in the time of Tiberius probably, the jurists, that is, 
the privileged jurists, gave their answers " signata," 
that is, in an official form. The matter proposed 
for the opinion of the jurisconsulti was sometimes 
stated in the responsum, either fully or briefly ; and 
the responsum itself was sometimes short, some- 
times long ; sometimes it contained the grounds of 
the opinion, and sometimes it did not, which cir- 
cumstance, however, did not invalidate its force.* 

In the time of Augustus there arose two schools 
(sckolce) or sects of jurists, the nominal heads of 
which were respectively Ateius Capito and Antis- 
tius Labeo, while, in fact, they derived their name 
and reputation from the two most distinguished 
teachers connected with them, Sabinus and Procu- 
lus. The followers of Labeo, whom we know with 
certainty to have been such, were Nerva, Proculus, 
Nerva the son, Pegasus, Celsus, Celsus the son, and 
Neratius Priscus. The followers of Capito were 
Massurius Sabinus, C. Cassius Longinus, Longinus 
Ccelius Sabinus, Priscus Javolenus, Aburnus Valens 
Tuscianus, Gaius (vid. Institutiones), and probably 
Pomponius. But the schools did not take their 
names from Labeo and Capito. The followers of 
Labeo were named Proculiani from Proculus. The 
followers of Capito derived their name of Sabiniani 
from Massurius Sabinus, who lived under Tiberius, 
and as late as the reign of Nero : they were some- 
times also called Cassiani, from C. Cassius Longi- 
nus. It is not easy to state with precision the 
differences which characterized the two schools. 
Whatever may have been the origin of these differ- 
ences, which may, perhaps, be partly referred lothe 
personal character of Capito and Labeo, the schools 
were subsequently distinguished by a difference in 
their manner of handling the matter of the law. 



1. (Cic, Brut., 41. — Dig. 1, tit. 2,s. 2, t, 43.)— 2. (i.,7)— 3. 
(i., 7.; — 4. (Brisson, De Form., iii., c 85-87.) 



JURISDI€IIO. 



JUS. 



The school of Capito adhered more closely to what 
was established, and to the letter of what was 
written. Labeo was a man of greater acquire- 
ments than Capito, and his school looked more to 
the internal meaning than to the external form, and 
thus, while apparently deviating from the letter, 
they approached nearer to true results, though the 
strict logic of this school might sometimes produce 
a result less adapted to general convenience than 
the conclusions of the Sabiniani, which were based 
on the prevailing notions of equity. 

The jurisconsulti were both teachers and writers. 
Their writings consisted of commentarii on the 
Twelve Tables, on the Edict, on particular leges, 
more especially on some of the Juliae leges, and on 
other special matters. The later jurists also com- 
mented on the writings of the earlier jurists. They 
also wrote elementary treatises (elementa, commen- 
tarii), such as the Institutiones of Gaius, which is 
the earliest work of the kind that we know to have 
been written •, books called Regulae and Definitio- 
nes, which probably were collections of principles 
of law ; collections of cases and answers, under 
the various names of responsa, epistolae, sententiae, 
and opiniones ; systems of law ; and various works 
of a miscellaneous character with a great variety 
of names, such as disputationes, quaestiones, enchi- 
ridia, res quotidianae, and various other titles. 

The juristical writers were very numerous : they 
formed a continued series, beginning with those al- 
ready enumerated, and ending, about the time of 
Alexander Severus, with Modestinus. who w r as a 
pupil of Ulpian. With the exception of the frag- 
ments preserved in the Digest, this great mass of 
literature is nearly lost. ( Vid. Pandect^e.) 1 

JURISDI'CTIO. The " officium" of him " qui 
;jas dicit" is defined as follows :* " Bonorum posses- 
sionem dare potest, et in possessionem mittere, pupillis 
non habentibus tutores constituere, judices litiganti- 
bus dare." This is the general signification of the 
word jurisdictio, which expresses the whole " offi- 
cium jus dicentis." The functions w T hich are in- 
cluded in the " officium jus dicentis" belong either 
to the jurisdictio (in its special sense) or to the im- 
perium mixtum, or they are those which are ex- 
ercised by virtue of some lex, senatus consultum, 
or authority delegated by the princeps, as the " Tu- 
toris datio." 3 The jurisdictio of those magistrates 
who had no imperium was limited, in consequence 
of not having the imperium, and, therefore, was not 
jurisdictio in the full meaning of that term. (Vid. 
Magistrates.) Inasmuch as jurisdictio in its spe- 
cial sense, and the imperium mixtum, are compo- 
nent parts of jurisdictio in its wider sense, imperi- 
um may be said to be contained in, or incident to, 
jurisdictio (imperium quod jurisdictioni cohecret).* 
Sometimes imperium is viewed as the term which 
designates the full power of the magistratus ; and 
when so viewed, it may be considered as equivalent 
to jurisdictio in its wider sense, or as comprehend- 
ing jurisdictio in its narrower sense. Thus impe- 
rium may be considered as containing or as con- 
tained in jurisdictio, according as we give to each 
term respectively its wider or its narrower mean- 
ing. 6 The jurisdictio was either voluntaria or con- 
tentiosa.* The jurisdictio voluntaria rendered valid 
certain acts done before the magistratus, for which 
certain forms were required, as adoption and man- 
umission. Thus adoption, properly so called, could 
take place before the praeses of a province ; 7 but in 
Rome it took place before the praetor, and was said 
to be effected u imperio magistratus." The juris- 



1. (Pomponius, Be Origine Juris, Dig. 1, tit. 2. — Zimmern., 
Oes-chichte des Rom. Privatrechts.)— 2. (Dig. 2, tit. 1, De Juris- 
dictione.)— 3. (Dig. 26, tit. 1, s. 6.)— 4. (Dig. 1, tit. 21, s. 1.) — 
5. (Puchta, " Ueber den inhalt der Lex Rubria," Zeitschrift, x., 
105.)- -6. (Dig. 1, tit. 1, 6, s. 2,-7. (Gaiui. i.. 100.) 



dictio contentiosa had reference to legal proceedings 
before a magistratus, which were said to be in 
jure, as opposed to the proceedings before a judex, 
which were said to be in judicio. The magistratus, 
therefore, was said jus dicere or reddere with re- 
spect to what he did personally, and though he 
might not declare the law truly, still he was said 
"jus dicere." Accordingly, "magistratus" and 
" qui Romae jus dicit" are equivalent. 1 The Amo- 
tions included in jurisdictio in this, its special sense, 
were the addictio in the legis actiones, the giving of 
the formula in proceedings conducted according to 
the newer process, and the appointment of a judex 
The appointing of a judex, " judicis datio," was for 
the purpose of inquiring into the facts in dispute 
between the parties. The words of the formula 
are " Judex esto," &c. ; 2 and the terms of the edict 
in which the praetor declares that he will give a ju- 
dex, that is, will recognise a right of action, are 
"Judicium dabo." 3 Addictio belongs to that part 
of jurisdictio by which the magistratus himself 
makes a decree or gives a judgment : thus, in the 
case of the in jure cessio, he is said " rem addice- 
re."* Addicere is to adjudge a thing or the posses- 
sion of a thing to one of the litigant parties. In 
the case of furtum manifestum. inasmuch as the 
facts would be certain, there was an addictio. 5 

Other uses of the word addictio are collected if. 
Facciolati. 

It is with reference to the three terms, do, dico* 
addico, that Varro 6 remarks that the praetor must 
use one of these words " cum lege quid peragitur.'* 
Accordingly, those days w r ere called Nefasti on 
which no legal business could be done, because 
the words of legal force could not be used. 7 

JUS. " All people," says Gaius, 8 " who are gov- 
erned by leges and mores, use partly their own law 
(jus), partly the law (jus) that is common to all 
mankind ; for the law (jus) w r hich a state estab- 
lishes for itself is peculiar to such state, and is 
called jus civile, as the peculiar law (jus) of that 
state. But the law (jus) which natural reason (nat- 
uralis ratio) has established among all mankind ia 
equally observed by all people, and is called jus gen- 
tium, as being that law (jus) which all nations fol- 
low. The Roman populus, therefore, follows part- 
ly its own peculiar law (suum proprium jus), partly 
the common law (commune jus) of all mankind." 

According to this view, all law (jus) is distributed 
into two parts, jus gentium and jus civile, and the 
whole body of law peculiar to any state is its jus 
civile.* The Roman law, therefore, which is pe- 
culiar to the Roman state, is its jus civile, some- 
times called jus civile Romanorum, but more fre- 
quently designated by the term jus civile only, by 
which is meant the jus civile of the Romans. 

The jus gentium is here viewed by Gaius as 
springing out of the naturalis ratio common to all 
mankind, which is still more clearly expressed in 
another passage, 10 where he uses the expression 
" omnium civitatium jus" as equivalent to the jus 
gentium, and as founded on the naturalis ratio. 
In other passages he founds the acquisition of prop- 
erty, which was not regulated by Roman law, on 
the naturalis ratio and on the naturale jus indiffer- 
ently, thus making naturalis ratio and naturale jus 
equivalent. 11 He founds cognatio on naturalis ratio, 
as being common to all mankind, and agnatio on 
civilis ratio, as being purely a Roman institution. 1 ' 
In two passages in the Digest, 13 he calls the same 
thing naturale jus in s. 2, and jus gentium in s. 3, 
5. The naturale jus and the jus gentium are there- 

1. (Cic. ad Fan.., xiii., 14.) —2. (Gaius, iv., 47.) — 3. (Cic, 
Pro Flacc, 35.)— 4. (Gaius, ii., 24.) — 5. (Gaius, iv., 189.) — G. 
(De Ling. Lat., vi., 30.) — 7. (Compare Ovid, Fast., i., 47.) — 8 
(i., 1.)— 9. (Cic.,DeOrat.,i.,44.)— 10. (i., 180.) — 11. (ii., 65,66, 
69, 73, 79.)— 12. (i., 158.)— 13. (i., tit., 8.) 

*59 



Ju&. 



JUS. 



lore identical. Cicero 1 opposes natura to leges, 
where he explains natura by the term jus gentium, 
and makes leges equivalent to jus civile. In the 
Partitiones 2 he also divides jus into natura and lex. 

There is a threefold division of jus made by Ul- 
pian and others, which is as follows : jus civile ; 
ius gentium, or that which is common to all man- 
kind ; and jus naturale, which is common to man 
and beasts. The foundation of this division seems 
to have been a theory of the progress of mankind 
from what is commonly termed a state of nature, 
first to a state of society, and then to a condition 
of independent states. This division had, however, 
no practical application, and must be viewed mere- 
ly as a curious theory. Absurd as it appears at 
hist sight, this theory is capable of a reasonable ex- 
planation ; and Savigny shows that it is not meant 
to say that beasts have law, but only the matter of 
law ; that is, some of those natural relations on 
which legal relations are founded, exist among 
beasts as well as men. Such natural relations are 
those by which the species is propagated. In the 
Institutes the three divisions are confounded ; 3 for 
the explanation of jus naturale is first taken from 
the threefold division of Ulpian, and then the jus 
gentium and civile are explained according to the 
twofold division of Gaius already quoted, so that 
we have in the same section the jus naturale ex- 
plained in the sense of Ulpian, and the jus gentium 
explained in the sense of Gaius, as derived from 
the naturalis ratio. Farther, in the second book, 4 
the jus naturale is explained to be the same as jus 
gentium, and the jus naturale is said to be coeval 
with the human race. Notwithstanding this con- 
usion in the Institutes, there is no doubt that the 
wofold division of Gaius was that which prevailed 
v Roman jurisprudence. 5 This twofold division 
■■«) ^ears clearly in Cicero, who says that the old 
-t^wns separated the jus civile from the jus gen- 
tiuu : and he adds, that the jus civile (of any state) 
is not, therefore, jus gentium, but that what is called 
jus gs&ii 5Li ought to be jus civile. 6 

The jv.s. civile of the Romans is divisible into 
two parts, Vi civile in the narrower sense, and jus 
pontiiicium, or the law of religion. This opposi- 
tion is sometin.es expressed by the words jus and 
fas (fas et jura iiwsmt 1 ) ; and the law of things not 
pertaining to religion and of things pertaining to it, 
are also respectively opposed to one another by the 
terms res juris humaiu et divini. 3 ( Vid. Dominium.) 
Thus the pontifices ma^irru, P. Crassus and T. Co- 
runcanius, are said to hs.ve given responsa de om- 
nibus divinis et humanis r^bus. 9 

The law of religion, or tl»3 jus pontificium, was 
under the control of the pon"ULces, who, in fact, 
originally had the control of thw whole mass of the 
law, and it was only after the separation of the jus 
civile in its wider sense into the two parts of the 
jus civile in its narrower sense and the jus ponti- 
ficium, that each part had its proper and peculiar 
limits. But after this separation was fully made, 
the auctoritas pontificum had the same operation 
and effect with respect to the law of religion that 
the auctoritas prudentium had on the jus civile. 10 
Still, even after the separation, there was a mutual 
relation between these two branches- of law ; for 
instance, an adrogatio was not valid by the jus 
civile unless it was valid by the jus pontificium. 11 
( Vid. Adoption.) Again, jus pontificium, in its wi- 
der sense, as the law of religion, had its subdivi- 
sions, as into jus augurum, pontificum, &c. 13 

1. (Off., iii., 5.)— 2. (c. 37.)— 3. (i., tit. 2, "De Jure Naturali, 
Gentium et Cinii.")— 4. (tit. 1., s. 11.)— 5. (Savigny, System, 
&c, i., p. 413.)— 6. (Off., iii., 17.)— 7. (Virg., Georg., i., 269.)— 
8. (Instit., ii., tit. 1.)— 9. (Cic, De Orat., iii., 33.)— 10. (Cic, 
Leg., ii., 19, 20.)— 11. (Cic, De Orat., iii., 33.— Id. Brut., 42.) 
—12. (Cic, De Senect., 11.) 
660 



" Law," says Gaius, 1 meaning the Roraaii aivil 
law (jura), " is composed of leges, plebiscita, sena- 
tus consulta, constitutiones principum, the edicta 
of those who have the jus edicendi, and the respon- 
sa prudentium. ' ' The component parts enumerated 
by Cicero 2 are "leges (which include plebiscita), 
senatus consulta, res judicata?, jurisperitorum auc- 
toritas, edicta magistratuum, mos, and aequitas." 
A consideration of the different epochs at which 
these writers lived will account for part of the dis- 
crepancy ; but the addition of mos in Cicero's enu- 
meration is important. 

Some of these component parts are also opposed ; 
thus, jus civile is opposed to the jus praetorium or 
honorarium, which originated in the jus edicendi. 
( Vid. Edictum.) In this sense jus civile consists of 
leges and senatus consulta, and apparently of mos. 

The component parts of this narrower jus civile, 
that is, of jus civile as opposed to praetorium, are 
also opposed to one another, that is, lex and mos 
are sometimes opposed to one another, as parts 
component of the jus civile (in this its limited sense), 
but different in their origin. Horace 3 speaks of 
"Mos et lex;" Juvenal 4 opposes "Juris nodos et 
legum aenigmata ;" jus civile is opposed to leges, 1 
to lex, 6 and to senatus consultum. 7 As then op- 
posed to leges, jus civile appears to be equivalent 
to mos. In fact, the opposition between lex and 
mos follows the analogy of that between jus scrip- 
turn and non scriptum. " When there are scriptae 
leges, we must follow that w r hich has been intro- 
duced by mores and consuetudo. — Immemorial (in- 
veterata) consuetudo is properly observed as a lex 
(■pro lege), and this is the jus which is said to be 
' moribus constitutum.' " 8 Thus immemorial usage 
was the foundation of the "jus moribus constitu- 
tum.'' (See the article Infamia as to the origin 
of infamia.) This branch of law seems sometimes? 
to have been considered by the Roman jurists as 
law merely by force of custom, whereas such cus- 
tom was only law when it had been recognised by 
a competent authority. There is, however, a pas- 
sage of Ulpian, 9 in which he distinctly speaks of 
confirming a consuetudo in a judicium, which can 
have no other meaning than that its force as law 
depended on a decision in judicium. And the mean- 
ing is clear, whether we read contradicto or contra- 
dicts in the passage just referred to. 

The Roman writers, indeed, frequently refer to 
a large part of their law as founded on mores or on 
the mos majorum, and not on leges. 10 Thus Ul- 
pian 11 says that the jus patriae potestatis is moribus 
receptum. But mos contained matters relating to 
religion as well as to the ordinary affairs of life ; 
and, therefore, we may also view mos and lex, when 
opposed, as component parts of the jus civile in its 
wider sense, but not as making up the whole of it. 
Mores in the sense of immorality, that which posi- 
tive morality disapproves of, must not be confound- 
ed with jus founded on mores : the former is mali 
mores in respect of which there was often a jus 
moribus constitutum. Thus in the matter of the 
dos there was a retentio in respect of the more'* 
graviores or majores, which was adultery. 11 * 

The terms jus scriptum and non scriptum, is ex- 
plained in the Institutes, 13 comprehended the whole 
of the jus civile ; for it was all either scriptum or 
non scriptum, whatever other divisions there might 
be. 1 * Jus scriptum comprehended everything, ex- 
cept teat "quod usus approbavit." This division 
of jus scriptum and non scriptum does not appear 
in Gaius. It was borrowed from the Greek wri- 

1. (i., 2.)— 2. (Top., 5 )— 3. (Carm., iv., 5.)— 4. (viii., 50.) —i 
(Cic, De Orat., i., 43.)— 6. (Off, iii., 17.)— 7. (Gaius, ii., 197.)— 
8. (Julian, Dig. 1, tit 3, s. 32.)— 9. (Dig. 1, tit. 3, s. 34.)— 10. 
(Quint., Inst. Orat., v, 10.)— 11. (Dig. 1, tit- 6, s.8.)— 12. (U\p.. 
Frag., tit. 6.)— 13. (1, tit. 2.)— 14. (Ulp., Dig. 1, tit. 1. s. 6.) 



JUS. 



IUS. 



vers, and seems to have little or no practical appli- 
cation among the Romans. 

A division of jus into publicum and privatum is 
mentioned by the Roman jurists. 1 The former is 
defined to be that which relates to the status rei 
Romanae, or to the Romans as a state ; the latter 
is defined to be that which relates " ad singulorum 
atilitatem." The publicum jus is farther said by 
Hpian 9 " in sacris, in sacerdotibus, in magistrati- 
frus consistere." According to this view, it com- 
pienends the law of religion, and all the rest of the 
jus civile which is not privatum. There are oth- 
er significations of the jus publicum in the Roman 
jurists, but the whole division of jus into publicum 
aad privatum seems to be founded on no principle, 
ai\d is very confused. The elementary treatise of 
Gaius does not mention this division, and it is lim- 
ited to the jus privatum. Justinian in his Insti- 
tutes, after making this division of jus into publi- 
cum and privatum, says, " we must therefore treat 
of jus privatum," from which it appears that he did 
viot contemplate treating of jus publicum. The title 
De Judiciis Publicis, the last in the Institutes, does 
not belong to jus publicum as above defined ; and 
yet it is difficult to conceive how some of the mat- 
ters involved in judicia publica were not viewed 
as belonging to publicum jus, though certainly all 
of them could not so be viewed. 3 

Ifie jus quiritium is equivalent to the jus civile 
Romanorum. Accordingly, we find the expressions 
dominus and dominium ex jure quiritium, as con- 
trasted with in bonis (vid. Dominium) ; and a La- 
tinus, if he obtained from the imperatorthe jus qui- 
ritium, obtained the Roman civitas.* The terms 
jus quiritium and the Romana civitas are therefore 
identical in this passage. Such part of the Roman 
law, in its widest sense, as related to buying, sell- 
ing, letting, hiring, and such obligations as were 
not founded on the jus civile, were considered to 
belong to the jus gentium, 5 that is, the jus nat- 
urale. 6 Accordingly, when ownership could be ac- 
quired by tradition, occupation, or in any other 
way not specially provided for by the jus civile, 
such ownership was acquired by the jus gentium. 
When the jus civile prescribed certain forms by 
which ownership was to be transferred, and such 
forms were not observed, there was no ownership 
jure civili or jure quiritium, but there was that in- 
terest which was called in bonis. It is not said by 
Gaius 7 that the in bonis arose by virtue of the jus 
gentium, and it may perhaps be concluded that he 
did not so view it ; for in another passage 8 he 
speaks of alienation or change of ownership being 
effected either by the jus naturale, as in the case 
of tradition, or by the jus civile, as in the case of 
mancipatio, in jure cessio, and usucapion. In this 
passage he is speaking of alienation, which is com- 
pletely effected by tradition, so that there is a legal 
change of ownership recognised by Roman law ; 
not by Roman law specially as such, but by Ro- 
man law as adopting or derived from the jus gen- 
tium. In the other case, 9 there is no ownership 
either as recognised by Roman law as such, or by 
Roman law as adopting the jus gentium : the in 
bonis is merely recognised by the praetorian law, to 
which division it therefore belongs. So far as the 
equity of the praetor may be said to be based on the 
jus gentium, so far may the in bonis be said to be 
founded on it also. Properly speaking, the jus gen- 
tium was only received as Roman law when it did 
not contradict the jus civile ; that is, it could only 
have its full effect as the jus gentium when it was 
not contradicted or limited by the jus civile. When 



1. (Dig. 1, tit. l,s. 1.)— 2. (Dig. 1, tit. l,s. ].)— 3. (Vid. Cic, 
Pro Balbo, 15.— (d., Pro Mil., 26.)— 4. (Ulp., Frag., tit. 3.) —5. 
<Die\ 1, tit. 1, s 5.J- 6. (Gaius, ii., 65.) — 7. (ii.,40.) — 8. (ii., 
% )— 9. (ii., •«)..) 
■i b5 



it was so contradicted or limited, the praetor couii 
only give it a partial effect, but in so doing, it is 
obvious that he was endeavouring to nullify the jus 
civile, and so to make the jus gentium as extensive 
in its operation as it would have been but for the 
limitation of the jus civile. The bounds that were 
placed to this power of the praetor were not very 
definite. Still he generally fashioned his jus pra- 
torium after the analogy of the jus civile, aid thcuga 
he made it of no effect as against his jus praetorium, 
he maintained its form and left it to its full opera- 
tion, except so far as he necessarily limited its op- 
eration by his own jus praetorium. 

Jus, used absolutely, is defined to be "ars boni et 
cequi," 1 which is an absurd definition. What it re- 
ally is may be collected from the above enumera- 
tion of its parts or divisions. Its general significa- 
tion is law, and in this sense it is opposed to lex or 
a law. Lex, however, as already shown, is some- 
times used generally for law, as in the instance 
from Cicero where it is opposed to natura. Lex, 
therefore, in this general sense, comprehends leges 
and all the other parts of the jus civile. In its spe- 
cial sense of a law, it is included in jus. Jus is also 
used in the plural number (jura) apparently in the 
sense of the component parts of jus, as in Gaius,* 
where he says, " Constant autem jura ex legibus" 
&c. ; and in another passage, 3 where he says, with 
reference to the agnationis jus, or law of agnatio, 
and the cognationis jus, or law of cognatio, " Civilis 
ratio civilia quidem jura corrumpere potest." Indeed, 
in this passage, agnationis jus and cognationis jus 
are two of the jura or parts of jus, which with other 
jura make up the whole of jus. Again,* that provis- 
ion of the lex Julia de Adulteriis, which forbade 
the alienation of the fundus dotalis, is referred to 
thus : " quod quidem jus" " which rule of law," oj 
" which law," it being a law comprehended in an 
other law, which contained this and many other 
provisions. Thus, though lex, in its strict sense o< 
a law, is different from jus in its large sense, ana 
though jus, in its narrower sense, is perhaps never 
used for a lex, still jus, in this its narrower sense, 
is used to express a rule of law, or a law. Thus 
Gaius 5 speaks of the jura, or legal provisions com- 
prised in the lex iElia Sextia, and of jura as based 
on the responsa prudentium. 

Jus has also the special meaning of a faculty or 
legal right. Thus Gaius says, "it is an actio in 
rem when we claim a corporeal thing as our own, 
or claim some jus as our own, such as a jus utendi, 
eundi, agendi." The parental power is called a "jus 
proprium civium Romanorum." The meaning of law 
generally, and of a legal right, are applied to jus by 
Cicero in the same sentence : " If a man ignorant 
of law (imperitus juris) seek to maintain my right 
(meumjus) by the interdict." 6 As the several rules 
of law which are often comprised in one lex, or 
which make up the whole body of jus (law), may 
be called jura with reference to their object, so the 
various legal rights which are severally called jus 
with reference to some particular subject may be 
collectively called jura. Thus we find the phrase 
jura parentis to express all the rights that flow from 
the fact of paternity. 

The phrase jura praediorum, which is used by the 
Roman jurists, is somewhat peculiar, and open to 
objection. 

The potestas which a Roman father had over his 
children being a jus or legal right, there hence atose 
the distinction of persons into those who are sui and 
those who are alieni juris. All the rights of such 
persons severally are represented by the collective 
phrase "jus personarum," or that division of the 



1. (Dig. 1, tit. 1, s. 1.)— 2. (i.,2.)— 3. (i., 158.)— 4. (Gaiu*. * 
62.)— 5. (i., 47 )— 6 (Pro CaEcina, c. 11.) 

5fil 



JUS CHILE PAPIRIANUM. 



LABRAX. 



whole matter of jus which treats of the status of 
persons, in other words, the law of persons. 

This leads to the mention of another division of 
the matter of law which appears among the Roman 
jurists, namely, the law of persons ; the law of 
things, which is expressed by the phrase "jus quod 
ad res pertinet ;" and the law of actions, "jus quod 
ad actiones pertinet." 1 In his first book Gaius treats 
of the law of persons, in the fourth he treats of the 
law of actions ; and, accordingly, the second and 
third contain the law of things, to express which he 
does not use a phraseology analogous to that of 
"jus personarum," but he says he will treat De 
Rebus. This division of the "jus quod ad actiones 
pertinet'" is explained in the article Actio. 

The adjective justum often occurs in the Latin 
writers in the sense of that which is consistent 
with jus or law, or is not contrary to law. Thus it 
is a justum (legal) matrimonium if there is connu- 
bium between the two parties to the marriage. 
The word justum has many varieties of meaning, 
which may generally be derived, without much dif- 
ficulty, from the meanings of jus. 

Jus is opposed to judicium, and a thing was said 
to be done in jure or in judicio, according as it was 
done before the magistratus or before a judex. 
(Vid. Judicium.) Thus all matters of legal ques- 
tion were said to be done " aut ad populum, aut in 
jure, aut ad judicem." 2 Jus, in the sense of the 
place " in quo jus redditur" is only an application of 
the name of what is done to the place in which it is 
done. The expression jus dicere is explained under 
Jurisdictio. There are other meanings of jus, but 
they are unimportant, or may be deduced from what 
is here said. 

JUS JELIA'NUM was a compilation by Sextus 
^Elius Paetus, surnamed Catus, who was consul 
B.C. 198, 3 and who is called by his contemporary 
Ennius " egregie cordatus homo." He is also fre- 
quently mentioned with praise by Cicero. 4 The 
Jus JElianum, also called Tripertita, contained the 
laws of the Twelve Tables, an interpretatio, and 
the legis actiones. This work existed in the time 
of Pomponius. 5 Cicero also speaks of some com- 
mentarii by ^Elius. 6 

JUS APPLICATIONS. (Vid. Banishment, 
Roman, p. 137.) 

JUS CIVI'LE. (Vid. Jus.) 

JUS CIVILE FLAVIA'NUM. Appius Claudius 
Caecus, who was censor B.C. 312, is said to have 
drawn up a book of actiones or forms of procedure, 
which his clerk Cn. Flavius made public. 7 Accord- 
ing to one story, 8 Flavius surreptitiously obtained 
possession of the book of Appius, and was reward- 
ed by the people for his services by being made tri- 
hunus plebis and curule sedile. The effect of this 
publication was to extend the knowledge and the 
practice of the law to the plebeians, and to.separate 
the jus civile from the jus pontificium. 

JUS CIVILE PAPIRIA'NUM or PAPISIA'- 
NUM was a compilation of the leges regise, or laws 
passed in the kingly period of Rome. This compi- 
lation was commented on by Granius Flaccus in 
the time of Julius Caesar, 9 to which circumstance 
*ve probably owe the preservation of existing frag- 
ments of the leges regiae. There is great doubt as 
to the exact character of this compilation of Papir- 
aus. and as to the time when it was made. Even 
the .name of the compiler is not quite certain, as he 
is variously called Caius, Sextus, and Publius. The 
best notice of the fragments of the leges regiae is by 

5.. (Gates, i., 8.)— 2. (Plaut., Mensechm., iv., 2, 18.)— 3. (Liv., 
rxxii.,** > — 4. (De Rep., i., 18. — De Or., i., 45 ; iii., 33.) — 5. 
(Ditr. 1, tit. 2- s. 2, l) 38.) —6. (De Orat , i., 56. —Top., 2.) — 7. 
CCic, De Or., i.4i *_8. {Di?. 1, ti* a « 7.)— 9. (Dig. 50, tit. 
16V«.-144.;) 

562 



Dirksen, in his " Versuchen zur Kriiik und autie- 
gung der Quellen des Romischen Rechts." See alse 
Zimmern, Geschichte des Rom. Privatrcchts. 
JUS GENTILFTIUM. (Vid. Gens.) 
JUS GENTIUM. (Vid. Jus.) 
JUS HONORARIUM. ( Vid. Edictum, p. 388.) 
JUS ITA'LICUM. (Vid. Colonia, p. 281.) 
JUS LATH. (Vid. Civitas, Latinitas.) 
JUS LIBERO'RUM. ( Vid. Julia et Papia Pop- 
vjea. Lex, p. 557.) 

JUS PONTIFFCIUM. (Vid. Jus, p. 560.) 
JUS PU'BLICUM, PRIVATUM. (Vid. Jus, ;. 
561.) 

JUS'QUIRI'TIUM. (Vid. Civitas, Jus.) 
JUS RESPONDENTS. (Vid. Jurisconsulti.) 
JUS VOCATIO, IN. (Vid. Actio, p. 18.) 
JUSJURANDUM. (Vid. Oath.) 
JUSJURANDUM CALU'MNLE. (Vid. Calum 

NIA.) 

*JUSQUI'AMUS, a corruption from Hyoscyamus. 
which see. 

JUSTA FUNERA. (Vid. Funus, p. 459.) 
JUSTINIANE'US CODEX. (Vid. Codex Jus 
tinianeus.) 

JUSTITIUM. (Vid. Funus, p. 462.) 
JUSSU, QUOD, ACTIO, is a praetorian actio 
which a man had against a father or master of a 
slave (dominus), if a filiusfamilias or a slave had 
entered into any contract at the bidding (jussu) of 
the father or master, for the full amount of the mat- 
ter in dispute. He who thus contracted with a fil- 
iusfamilias or a slave, was not considered to deal 
with them on their own credit, but on that of the 
father or master. This actio is classed by Gaius 
with the exercitoria and institoria. 1 

*IYNX or YUNX (lvy%), a species of Bird, the 
"Wryneck, or Yunx torquilla, L. It is a bird of the 
size of a lark, brown above, and prettily marked 
with little blackish waves, and longitudinal yellow 
and black reticulations ; whitish striped across, with 
black underneath. " The Wryneck," observes Grif- 
fith, 2 " derives its name from a singular habit it has 
of turning its head towards the back, and closing its 
eyes : this movement appears to be the result of 
surprise, terror, or astonishment at the sight of 
some novel object. It is also an effort which the 
bird appears to make to disengage itself when it is 
held ; but as it executes it equally in a state of lib- 
erty, and as the young, even in the nest, have the 
same habit, it is clear that it must be the result of 
a peculiar conformation. This species of bird, with- 
out being numerous, is extended throughout all Eu- 
rope from Greece to Lapland." — The lynx was cele- 
brated in the magical incantations of antiquity, the 
entrails, or the bird itself, being attached to a kind 
of brazen wheel, which was made to revolve while 
the charm was sung. In one of the Idyls of The- 
ocritus, a female adopts this as one of the means of 
recalling the affections of a faithless lover. The 
lynx was for a time erroneously confounded with a 
species of Motacilla, or "Wagtail, upon the doubtful 
authority of the Etymologicon Magnum, and some 
of the scholiasts. The description of the ivy!;, how- 
ever, by Tzetzes applies very well to the Wryneck. 
The German lexicographers also set down the Wen- 
dehals, or Wryneck, as the ivy tj of the Greeks.* 

K. See C. 

L. 

LA'BARUM. (Vid. Signa Militaria.) 
* LABRAX (2,d6pa^), a species of Fish, the Bass 
or Sea Perch, the Ferca labrax of Linnaeus, or La- 

1. (Gaius, iv., 70.— Di°r. 15, tit. 4.)— 2. (vol. \ii., p. 513.)— 3. 
(Theocrit., Id., ii., 17. — Tzetzes ad L3 r coph., Cassand. — Adams, 
Append., s. v.) 



LABYRINTH US. 



LACERNA. 



•/rax lupus of Cuvier. Some of the commentators 
on the classics, observes Adams, refer the Lupus 
to the Pike, but Rondelet is at great pains to dis- 
prove this opinion. 1 

LABYRINTHUS (ZaSvptvdoc). This word ap- 
pears to be of Greek origin, and not of Egyptian, as 
lias generally been supposed ; it is probably a de- 
nvative form of MCipog, and etymologically con- 
nccted with "kavpai. Accordingly, the proper defl- 
ation of labyrinthus is alarge and complicated sub- 
terraneous cavern, with numerous and intricate pas- 
sages similar to those of a mine. 3 Hence the cav- 
(.1 us near Nauplia in Argolis were called labyrinths.' 
.And this is, indeed, the characteristic feature of all 
the structures to which the ancients apply the name 
labyrinth, for they are always described as either 
entirely or partially under ground. 

The earliest and most renowned labyrinth was 
that of Egypt, which lay beyond Lake Mceris, at a 
snort distance from the City of Crocodiles (Arsinoe), 
in the province now called Faioum. Herodotus* 
ascribes its construction to the dodecarchs (about 
650 B.C.), and Mela 5 to Psammetichus alone. But 
other and more probable accounts refer its construc- 
tion to a much earlier age. 6 This edifice, which in 
grandeur even excelled the Pyramids, is described 
by Herodotus and Pliny. 7 It had 3000 apartments, 
1500 under ground, and the same number above it, 
and the whole was surrounded by a wall. It was 
divided into courts, each of which was surrounded 
by colonnades of white marble. At the time of Di- 
odorus and of Pliny the Egyptian labyrinth was still 
extant. But the ruins which modern travellers de- 
scribe as relics of the ancient labyrinth, as well as 
the place where they saw them, do not agree with 
what we know from the best ancient authorities 
respecting its architecture and its site. 9 The pur- 
pose which this labyrinth was intended to serve 
can only be matter of conjecture. It has been sup- 
posed by some writers that the whole arrangement 
of the edifice was a symbolical representation of 
the zodiac and the solar system. Herodotus, who 
saw the upper part of this labyrinth, and went 
through it, was not permitted by the keepers to en- 
ter the subterraneous part, and he was told by them 
that here were buried the kings by whom the laby- 
rinth had been built, and the sacred crocodiles. 

The second labyrinth mentioned by the ancients 
was that of Crete, in the neighbourhood of Cnossus : 
Daedalus was said to have built it after the model 
of the Egyptian, and at the command of King Mi- 
nos. 9 This labyrinth is said to have been only one 
hundredth part the size of the Egyptian, and to have 
been the habitation of the monster Minotaurus. Al- 
though the Cretan labyrinth is very frequently men- 
tioned by ancient authors, yet none of them speaks 
if it as an eyewitness ; and Diodorus and Pliny ex- 
pressly state that not a trace of it was to be seen in 
their days. These circumstances, together with 
the impossibility of accounting for the objects which 
a Cretan king could have had in view in raising 
such a building, have induced almost all modern 
writers to deny altogether the existence of the Cre- 
tan labyrinth. This opinion is not only supported 
by some testimonies of the ancients themselves, but 
by the peculiar nature of some parts of the island 
of Crete. The author of the Etymologicum Magn. 
'•-alls the Cretan labyrinth " a mountain with a cav- 
ern." and Eustathius 10 calls it " a subterraneous 
cavern ;" and similar statements are made by sev- 

1. (ArisUt., H. A., i., 5. -.Elian, N. A.,:. 30— Oppian, Hal., 
c. 130.— Adams, Append., 3. 7.)— 2. (Welcker, ^Eschyl. Trilo?., 
p. 212, &c.)— 3. (Strabo, viii., 6, p. 195, Tanchnitz.) — 4. (ii., 
148.)— 5. (i., 9.) — 6. (Plin., H. N., xxxvi., 13.-Diod. Sic, i., 61, 
89. — Strabo, xvii., 1, p. 454, &c, and p. 45S, Tauchnitz.) — 7. 
{11. cc )— 8. (British Mas.. '« Egyptian Ar.tiq.," vol. i., p. 54.)— 
» (Plin.. ])iod.. 1!. cc.)— 10 (a<i Odyss., xi.) 



eral other writers quoted by Meursius. 1 Such large 
caverns actually exist in some parts of Crete, espe- 
cially in the neighbourhood of the ancient town o! 
Gortys ; and it was probably some such cavern in 
the neighbourhood of Cnossus that gave rise to the. 
story of a labyrinth built in the reign of Minos. a 

A third labyrinth, the construction of which be- 
longs to a more historical age, was that in the isl- 
and of Lemnos. It was commenced by Smilis, an 
^Eginetan architect, and completed by Rhcecus and 
Diodorus of Samos, about the time of the first Olym- 
piad. 3 It was in its construction similar to the 
Egyptian, and was only distinguished from it by a 
greater number of columns. Remains of it were 
still extant in the time of Pliny. It is uncertain 
whether this labyrinth was intended as a temple of 
the Cabiri, or whether it had any connexion with 
the art of mining. 4 

Samos had likewise a labyrinth, which was built 
by Theodorus, the same who assisted in building 
that of Lemnos ; but no particulars are known. 5 

Lastly, we have to mention a fabulous edifice in 
Etruria, to which Pliny applies the name of laby- 
rinth. It is described as being in the neighbourhood 
of Clusium, and as the tomb of Lar Porsenna. But 
no writer says that he ever saw it, or remains of 
it ; and Pliny, who thought the description which 
he found of it too fabulous, did not venture to give 
it in his own words, but quoted those of Varro, who 
had probably taken the account from the popular 
stories of the Etruscans themselves. It was said 
to have been built partly under and partly above 
ground, whence the name labyrinth is correctly ap- 
plied to it. But a building like this, says Niebuhr, 8 
is absolutely impossible, and belongs to the Arabian 
Nights. 

LABRUM. (Vid. Baths.) 

*LABRUSCA, the wild Vine, the ufiTrelog uypta 
of the Greeks. " The Labrusca, or wild Vine of the 
ancients," remarks Martyn, "did not probably dif- 
fer specifically from that which was cultivated. 
Pliny informs us that the grapes of the Labrusca were 
gathered before the flowers were gone off, dried in 
the shade upon linen cloths, and laid up in casks ; 
that the best sort came from Parapotamia, the next 
from Antiocn and Laodicea, and the third from the 
mountains of Media ; that this last was the fittest 
for medical uses ; that some, however, preferred 
the kind which grew in Cyprus ; that the African 
sort was used only in medicine, and was called mas- 
saris, and that the white was better than the black, 
and that it was called amanthe. In another place 
he tells us that the Labrusca is called by the Greeks 
ampclos agria ; that it has thick and whitish leaves, 
is jointed, has a chapped bark, and bears red ber- 
ries. From these and other authorities, we may 
venture to affirm that the Labrusca is a real vine, 
running wild, without any culture. 7 (Vid. Am- 

PELOS.) 

LACERNA (/uavdvae., [iav6vrj) was a cloak worn 
by the Romans over the toga, whence it is called 
by Juvenal " munimentum togee." 8 It differed from 
the paenula in being an open garment like the Greek 
pallium, and fastened on the right shoulder by 
means of a buckle {fibula), whereas the pasnula was 
what is called a vestimentum clausum, with an open- 
ing for the head. (Vid. Pjenula.) The Lacerna 
appears to have been commonly used in 2he army,' 
but in the time of Cicero was not usually worn in 
the city. 10 It soon afterward, however, became 
quite common at Rome, as we learn from Suetoni- 

1. (Creta, p. 67 and 69.) —2. (See Walpole's Travels, p. 102, 
&c— H8ckh. Kreta, i., p. 56, &c.)— 3. (Plin., I.e.)— 4. (Welck- 
er, ^schyl. Tril., 1. c.)— 5. (Plin., H. N., xxxiv., 8.)— 6- (Hist 
of Romp, i.. p. 130, note 405.)— 7. (ad Vir?., Eclog., v., T *— 8 
(ix., 28.)— 9. (Paterc, ii.. 70. 80.-Ovid, Fast., ii., 74C f « 

IV.. i'ii., 18.)— 10. (Cfc, Philip., ii., 30.) 

563 



LACINLE. 



LADANQM. 



as, who says 1 that Augustus, seeing one day a great 
number of citizens before his tribunal dressed in 
the lacerna, which was commonly of a dark colour 
(pullati), repeated with indignation the line of Virgil, 

" Romanos rerum dominos, gentemque togatam," 

and gave orders that the aediles should henceforth al- 
low no one to be in the Forum or circus in that dress. 

Most persons seem to have carried a lacerna or 
paenula with them when they attended the public 
games, to protect them from the cold or rain; 2 and 
thus we are told that the equites used to stand up 
at the entrance of Claudius, and lay aside their la- 
cernae. 3 

The lacerna was usually, as already remarked, of 
a dark colour (fusci colores*), and was frequently 
made of the dark wool of the Bsetic sheep (Batica 
lacerna*). It was, however, sometimes dyed with 
the Tyrian purple and with other colours. 6 Mar- 
tial 7 speaks of lacernae of the former kind, which 
cost as much as 10,000 sesterces. "When the em- 
peror was expected at the public games, it was the 
practice to wear white lacernae only. 8 

The lacerna was sometimes thrown over the 
head for the purpose of concealment ; 9 but a cucullus 
or cowl was generally used for that purpose, which 
appears to have been frequently attached to the la- 
cerna, and to have formed a part of the dress. 10 
(Vid. Cucullus.) 

*LACERTA, the*Lizard. ( Vid. Asc alabotes and 
Saura.) 

LACFNLE, the angular extremities of the toga, 
one of which was brought round over the left shoul- 
der. It was generally tucked into the girdle, but 
sometimes was allowed to hang down loose. Plau- 
tus 11 indicates that it occasionally served for a pock- 
et-handkerchief (At tu edepol sume laciniam atque 
absterge sudorem tibi) : Velleius Paterculus 12 repre- 
sents Scipio Nasica as wrapping the lacinia of his 
toga round his left arm for a shield 13 before he rush- 
ed upon Tiberius Gracchus ; while, according to 
Servius, 14 the cinctus gabinus was formed by gird- 
ing the toga tight round the body by one of its lacin- 
j'je, or loose ends. These expressions are quite ir- 
reconcilable with the opinion of Ferrarius and oth- 
ers, that the lacinia was the lower border or skirt 
of the toga, while all the passages adduced by them 
admit of easy explanation according to the above 
view. The lacinia was undoubtedly permitted by 
some to sweep the ground, especially by such as 
wore their garments loosely. Thus Macrobius 15 
remarks upon one of Cicero's witticisms, "Jocatus 
in Ccesarem quia ita pracingebatur, ut trahendo lacini- 
am velut mollis incederet," which corresponds with 
the well-known caution of Sulla addressed to Pom- 
pey, " Cave tibi ilium puerum male pracinctum ;" and 
Suetonius tells how the Emperor Caius, being filled 
with jealousy on account of the plaudits lavished on 
a gladiator, hurried out of the theatre in such haste, 
"ut calcata lacinia toga praceps per gradus iret." 
Moreover, the secondary and figurative meanings 
of the word, namely, a rag, 16 a narrow neck of land, 11 
the point of a leaf 16 the excrescences which hang down 
from the neck of a she-goat, 19 &c, accord perfectly 
with the idea of the angular extremity of a piece of 
cloth, but can scarcely be connected naturally with 
the notion of a border or skirt. 

The corresponding Greek term was Kpuonedov, 
and perhaps Tzrepvytov (Pollux considers these sy- 

1. (Octav., 40.)— 2. (Dion Cass., lvii., 13.)— 3. (Suet., Claud., 
5.)— 4. (Mart., i., 97, 9.)-5. (xiv., 133.)— 6. (Juv., i., 27.— Mart., 
; 97.)_7. (viii., 10.)— 8. (Mart., iv., 2.— Id., xiv., 137.)— 9. 
(Hur., Sat., II., vvl, 55.)— 10. (Mart., xiv., 139, 132.— Vid. Bec- 
ker's Gallus, ii., p. 95, &c.)— 11. (Merc, I., n., 16.)— 12. (n., 
S.)— 13. (Compare Vs.1. Max., III., ii., 17.)— 14. (ad Virg., 2En., 
vii., 612.)— 15. (Sat., ii., 3.)— 16. (Plin., H. N., xix., 7.)— 17. 
(Plin., H. N., v., 32.>-18. (Plin., H. N., xv., 30.)-19. (Plin., 
H N., viii., 50.) 
664 



nonymous) ; and, accordingly, Plutarch 1 and Appl- * 
an 2 employ the former in narrating the story oi 
Scipio alluded to above, with this difference, how- 
ever, that they describe him as throwing to nodes- 
Tredov tov lp,ariov over his head instead of twisting 
it round his arm. 

LACO'NICUM. (Vid. Baths, pages 144, 149, 
150.) 

LACTA'RIUS. (Vid. Pistok.) 

*L A C T II C A (dpidaZ); Lettuce. According to 
Pliny, 3 the Greeks made three species of tlrs plant, 
one with a broad stem (laticaulis), anothei with a 
round stem (rotundicaulis), and the third termed 
Laconicon, in Latin sessile. The stem of the first 
kind was so broad, that, as we are informed by the 
same authority, who copies in this from Theophras- 
tus, the gates of kitchen-gardens (ostiola olitoria) 
were Wont to be made of them. No variety of 
lettuce, at the present day, offers a stem of such a 
size as this. The second kind, namely, that with a 
round stem, cannot be cited as a distinct variety, 
since every species of lettuce with which we are 
acquainted has a stem of this kind. The third 
kind, or Laconicon, obtained its Latin name sessile 
from its having hardly any stem, and being, there- 
fore, as it were, seated on the ground. Billerbeck 4 
makes it to have been the Head Lettuce (Kopflat- 
tuk). Another Greek name for this kind is %a\iai- 
Qq'kov. The ancients also distinguished between 
different kinds of lettuce by their colour and times 
of sowing. Thus the kind called nigra (dark green 
Summer Endive) was sown in January ; the white, 
or alba, in March ; the rubentes in April, &c. They 
had also the Cappadocian, the Greek, and many 
other species. Martial applies to the Cappadocian 
Lettuce the epithet of viles. The ancients were ac- 
quainted with the narcotic properties of the lettuce. 
Galen 5 informs us that he frequently found good ef- 
fects resulting from its use, and Dioscorides recom 
mends both the domesticated and the wild kinds 
with the same view. The calming effects of the 
juice of the cultivated lettuce is acknowledged also 
by modern practitioners. A writer quoted by Athe* 
naeus 6 ascribes to the Lettuce anti-aphrodisiac dual- 
ities. It was also believed, from its affording but 
little nourishment, to be a very good article of food 
for the sick and those who required a low diet. 
We have given at the head of this article the Greek 
term dpida!;, as corresponding to the Latin Lactuca, 
but dpidanivi] and dpcddiavoc were also employed. 
According to Nicander, the Lettuce, under the leaves 
of which Adonis was concealed when he was slain 
by the boar, was called by the inhabitants of Cyprus 
Brinthis. — According to Adams, the dpidat; rjnepoc oJ 
Dioscorides would seem to be the Lactuca sativa, oi 
Garden Lettuce. The d-pidatj dypia is held by 
Sprengel to be the Lactuca virosa. So, again, with 
regard to the term dpidaKivrj, Stackhouse acknowl- 
edges this also to be the Lactuca sativa. " Schnei- 
der," says Adams, "thinks that the learned men 
who refer the ■&pi8a^ and d-piSa/civv to the Lactuca, 
do not seem to have distinguished correctly, the 
■dpidai; being rather referable to the Cichorium endi- 
via. I have been unable, however, to discover upon 
what ground he founds this opinion." 7 

LACU'NAR. (Vid. House, Roman, p. 520.) 

♦LAD'ANUM (Iddavov). " All agree," remarks 
Adams, " that this is the product of the klotoc, that 
is, either of the Cistus Creticus or C. ladaniferus. It 
is a soft resin, still much used by the Grecian ladies 
as a perfume, and is now procured from the tree by 
scraping it with leathern thongs. Anciently, it 

1. (Gracch., 19.)— 2. (Bell. Civ., i., 16.)— 3. (H. N., xix., 8.)— 
4. (Flora Classica, p. 203.) — 5. (De Fac. Alira., ii , 40.) — 6. (ii- 
32.)— 7. (Ffce ad Plin., 1. c— Theophrrst., H. P., i., 16 ; Tii., 4 
— Dioscor., ii., 165.) 



LAGOS THALATTIOS. 



LAMPADEPHORIA. 



jrould appear that it was collected from the beards 
of goats that browsed upon it. The Cistus is now 
frequently cultivated in this country as an orna- 
mental shrub." 

L^ENA, the same word with the Greek x^ a ~ lva -> 
and radically connected with 'kdxvn, lana, &c. 

1. It signifies, properly, a woollen cloak, the cloth 
of which was twice the ordinary thickness (dua- 
rum togarum instar 1 ), and therefore termed duplex,* 
shaggy upon both sides, 3 worn over the pallium or 
the toga for the sake of warmth.* Hence persons 
carried a laena with them when they went out to 
supper ; 5 and the rich man in Juvenal, who walks 
home at niaht escorted by a train of slaves and 
lighted on his way by flambeaux, is wrapped in a 
scarlet laena. 6 

2. A robe of state, forming, it is said, in ancient 
times, part of the kingly dress. 7 

3. The flamines offered sacrifice in a laena which 
was fastened round the throat by a clasp, and in 
the case of the dialis, was woven by the hands of 
the flaminica. 8 

4. In later times the laena seems, to a certain ex- 
tent, to have been worn as a substitute for the toga. 
Thus the courtly bard in Perseus 9 is introduced re- 
citing his fashionable lays with a violet-coloured 
laena over his shoulders, and we gather from Ju- 
venal 10 that it was an ordinary article of dress 
among the poorer classes. 11 

5. Nonius defines it to be " vcstimentum militate 
ouod supra omnia vestimenla sumitur," but quotes no 
authority except Virgil., Mn., iv., 262. 

♦LAGO'PUS (layu-ovc), a species of Bird, which 
Gesner takes to be the White Partridge of Savoy. 
"The ancients can scarcely be supposed to have 
been acquainted with the Tetrao Lagopus, L., or 
Ptarmigan, as it is confined to the Alpine regions 
of the North. Perhaps, as Dr. Trail suggested to 
me, the name was applied to various sorts of Grouse, 
which all have hairy feet." 11 

*II. A plant, which Adams suggests may have 
been the ?,ayd)-vpnc of Hippocrates. The same 
authority fojlows Valerius Oordus and Fuchsius in 
referring it to the Trifoliiun arvense, or Field-clo- 
ver. 13 

*LAGO'PYRUS (Xayuirvpoc), probably Field-clo- 
ver. Dierbach, however, holds the layuizvpog to 
*v? the Lagurus ovatus. 

♦LAGOS (/.ayuO, the Hare, or Lepus timidus, L. 

♦AAjTGS 9AAAT TIOS (kayuc daMrTioc), a fish 
of the Molluscous order, the Aplysia depilans. Dr. 
Fleming says of it, ; ' The Aplysia has been known 
in the records of superstition under the name of the 
Seahorse, &c." The superstitions here referred 
to are those described by Pliny, as Adams thinks. 
The seahorse is represented by Nicander as an ac- 
rid poison, and by Dioscorides as a depilatory. 
These properties, as Adams remarks, are certainly 
not imaginary. The Aplysia is described by nat- 
uralists as having the head supported by a neck 
more or less long ; two superior tentacula, excava- 
ted like the ears of a quadruped, with two flattened 
ones on the edge of the lower lip ; the eyes are be- 
neath the former ; the gills are on the back, and 
consist of highly complicated lamellae, attached to 
a broad membranous pedicle, and covered by a small 
membranous mantle, in the thickness of which is a 
flat and horny shell, &c. 14 

1. (Varro, Do Ling. Lat., v., 133, MCiller.) — 2. (Festus, s. v. 
Laena.— Serv. ad Virg., jEn., iv., 262.)— 3. (Schol. ad Juv., iii., 
253.)— 4. (Mart., xiv., 136.)— 5. (Mart., viii., 59.)— 6. (Juv., iii., 
283.)— 7. (Plut., Num., 7.)— 8. (Serv. ad Virg., Mn., iv., 262.— 
Cic, Brut., 57.)— 9. (i., 32.)— 10. (v., 130 ; to., 73.)— 11. (Bec- 
ker, Gallus.ii., p. 99.)— 12. (Adams, Append., s. v.)— 13. (Dios- 
cor., iv., 17. — Adams, Append., s. v.) — 14. (Dioscor., M. M., ii. 
— JSlian, N A.,ii.,45.— Flin., II. N., ix.,48.— Adar^s, Append., 

■* ) 



*II. A fish of a very different kind from the pre- 
ceding. Schneider supposes it some species of the 
Diodon or Teiraodon. 1 

♦LAMIA (lafiia), a species, of Fish, called in 
English the White Shark, in French Requin, and 
answering to the Squalus Carcharias, L., or Carcha- 
rias vulgaris, Cuvier. It is the same with the kvuv 
dakuTTioc of iElian, and the ndpxapor kvuv of Ly- 
cophron. 3 

LAMPADEPHORIA (Aa{nradr](j>opia), torch-bear- 
ing (as Herodotus calls it), or 7iafj.7ra6-n6pojj.ia, torch- 
race (as some lexicographers), also /\a[nra6ovxoc. 
dyuv, and often simply Xainrdq, was a game com- 
mon, no doubt, throughout Greece ; for though all 
we know concerning it belongs to Athens, yet we 
hear of it at Corinth, Pergamus, and Zerinthus ;' 
and a coin in Mionnet, with a \aimdc on it, which 
is copied below, bears the legend 'AfKfUTroXirciv. 

At Athens we know of five celebrations of this 
game : one to Prometheus at the Prometheia ;* a 
second to Athena at the Panathenaea 5 (probably the 
greater Panathenaea) ; a third to Hephaistos at the 
Hephaisteia 6 (the ceremony at the Apaturia was 
different) ; a fourth to Pan ; 7 a fifth to the Thracian 
Artemis or Bendis. 8 The three former are of un- 
known antiquity ; the fourth was introduced soon 
after the battle of Marathon, the last in the time 
of Socrates. 

The race was usually run on foot, horses being 
first used in the time of Socrates ; 9 sometimes, also, 
at night. 10 The preparation for it was a principal 
branch of the yvfivaoiapxia, so much so, indeed, in 
later times, that 7.aixTia6apxia seems to have been 
pretty much equivalent to the yvfivaatapxia. 11 The 
gymnasiarch had to provide the ?m/j.tcu.c, which was 
a candlestick with a kind of shield set at the bottom 
of the socket, so as to shelter the flame of the can- 
dle, as is seen in the following woodcut, tak'"n 
from a coin in Mionnet. 13 He 
had also to provide for the 
training of the runners, which 
was of no slight consequence, 
for the race was evidently a 
severe one, 13 with other ex- 
penses, which, on the whole, 
were very heavy, so that Isae- 
us 1 * classes this office with the 
Xopr/yia and rpi-npapxta, and reckons that it had co» 
him 12 minae. The discharge of this office was 
called yvfxvaaiapxelv /la/47ru&, 15 or hv rale ?*afJTTdai 
yvpvaaLapx£ia6ai. 16 The victorious gymnasiarch 
presented his lafiTTae as a vot»7e offering (dvddn- 
/za 17 ). 

As to the manner of the Xa l uTra6n<popla, there are 
some things difficult to understand. The case 
stands thus. We have two accounts, which seem 
contradictory. First, it is represented as a course, 
in which a Xafiirdc was carried from one point to 
another by a chain of runners, each of whom form- 
ed a successive link. The first, after running a 
certain distance, handed it to the second, the sec- 
ond in like manner to the third, and so on, till it 
reached the point proposed. Hence the game ia 
used by Herodotus 18 as a comparison whereby to il- 
lustrate the Persian dyyapniov, by Plato 19 as a lively 




1. (^Slian, H. A., xvi., 19.— Adams, Append., s. v.)— 2. (Aris 
tot., H. A., v., 5.— Plin., H. N., ix., 24.— ^Elian, N. A., i., 17.— 
Adams, Append., s. v.) — 3. (Bockh, Polit. Econ. of Athens, ii., 
p. 219. — Miiller, Minerv. Polias, p. 5.) — 4. (Schol. ad Aristoph., 
Ran., 131. — Ister, ap. Harpocrat., s. v.)— 5. (Herod., vi., 105, and 
11. cc.)— 6. (Herod., viii., 9, and 11. cc.)— 7. (Herod., vi., 105.)— 
8. (Plat., De Rep., p. 328, A.)— 9. (Plat., 1. c.)— 10. (Interp. vet 
ad Lucret., ii.,77, ap. Wakefield.)— 11. (Aristot., Pol., v., 8, 20.) 
—12. (pi. 49, 6.)— 13. (Compare Aristoph., Vesp., 1203 ; Ran., 
1085.)— 14. (De Philoct. bared., p. 62, 20.)— 15. (Isseus, 1. c.)— 
16. (Xen.,De Vectig.,iv.,52.)— 17. (Bdckh, Inscr.,No.243,250.) 
—18. (viii.. 98.)— 19 (Le?., d. 776, B.) 

565 



LAMPADEPHORIA. 



LAPATHUM. 



.mage of successive generations of men, as also in 
the well-known line of Lucretius, 1 

" Et quasi cursores vital lampada tradunt." 2 

And it is said that the art consisted in the several 
runners carrying the torch unextinguished through 
their respective distances, those who let it go out 
losing all share of honour. Now, if this were all, 
such explanation might content us. But, secondly, 
we are plainly told that it was an uy6v ; the runners 
are said dfiiXlucdat ; 3 some are said to have won 
(vinav XafiTrddt*) ; the scholiast on Aristoph., Ran., 5 
talks of rovg vardrovg rpsxovrag, which shows that 
it must have been a race between a number of per- 
sons; the scholiast on the same play 6 speaks of 
uQelvat rovg dpofciag, roiig rpexovrag, which shows 
that a number must have started at once. 

This sec,ond account implies corn-petition. But in 
a chain of runners, each of whom handed the torch to 
the next man successively, where could the competi- 
tion be 1 One runner might be said to lose — he who 
let the torch go out ; but who could be said to win ? 

"We offer the following hypothesis in answer to 
this question. Suppose that there were several 
chains of runners, each of which had to carry the 
torch the given distance. Then both conditions 
would be fulfilled. The torch would be handed 
along each chain, which would answer to the first 
condition of successive delivery. That chain in 
which it travelled most quickly and soonest reached 
its destination would be the winner, which w T ould 
answer to the second condition, its being a race 
between competitors. 

In confirmation of this hypothesis, we observe as 
follows : The inscription in Bdckh, No. 245, con- 
sists of the following lines : 

"kafj.7cdda vetnijaag <jvv k<pfj6oLc ttjv 6' dvtdwua 
Jhvrvx'idqg iraig uv ~EvTvxidovg 'Adjuovevg. 

This Eutychides was no doubt the gymnasiarch 
who won with the e<pn6oi he had trained, just as 
Andocides 7 talks of his vzviKnKevai "Xainvddt as gym- 
nasiarch ; so, too, Inscr. No. 250 records a like 
victory of the tribe Cecropis. Now we know that 
the gymnasiarchs were chosen one from each tribe. 
If, then, each one furnished a chain of \a}ntadi\§6poi, 
there would have been ten (in later times twelve) 
chains of runners. Perhaps, however, the gymna- 
siarchs were not all called on to perform this ser- 
vice, but each once only in the year, which would al- 
low us -for each of the three greater celebrations (the 
Prometheia, Panatheneea, and.Hephaisteia) three 
or four chains of competitors. It may be here ^re- 
marked, that Inscr. No. 244 gives a list of oi vei- 
tcr/Gavreg rrjv ?M/u,rtd6a, the winners in the torch-race, 
fourteen in number. Who were these 1 ? If the 
several links of the winning chain, it is rather 
against analogy that they should be named. No 
one ever heard the names of a chorus: yet they 
can hardly be fourteen winning gymnasiarchs. 

The place of running was, in these great celebra- 
tions, from the altar of the Three Gods (Prome- 
theus, Athena, and Hephaistos) in the outer Cera- 
meicus to the Acropolis, a distance of near half a 
mile. 8 That in honour of Bendis was run in the 
Peirseus. 9 

The origin of these games must be sought, we 
think, in the worship of the Titan Prometheus. 
The action of carrying an unextinguished light 
from the Cerameicus to the Acropolis is a lively 
symbol of the benefit conferred by the Titan upon 
man, when he bore fire from .the habitations of the 
gods and bestowed it upon man. 



n?.sipag aKajxdroLo irvpbg r?jXeoKonov aiyrjv 
kv kolTkj) vdpdrjKi,. 1 

But the gratitude to the giver of fire soon passed to 
the Olympian gods who presided over its use ; He- 
phaistos, who taught men to apply it to the melting' 
and moulding of metal, and Athena, who carried it 
through the whole circle of useful and ornamental 
arts. To these three gods, then, were these games 
at first devoted, as the patrons- of fire. And look- 
ing to the place it was run in — the Cerameicus, oi 
Potters' quarter — we are much inclined to adopt 
Welcker's suggestion, 3 viz., that it was the Kepa/ueig 
or potters who instituted the Aa/LiiradnQopia. Athe- 
na (as we learn from the Kepa/uig) was their patron 
goddess ; and who more than they would have rea- 
son to be thankful for the gift and use of fire 1 Pot- 
tery would be one of the first modes in which it 
would be made serviceable in promoting the wants 
of life. In later times the same honour was paid 
to all gods who were in any way connected with 
fire, as to Pan, to whom a perpetual fire was kept 
up in his grotto under the Acropolis, and who waa 
in this capacity called by the Greeks Phanetes, by 
the Romans Lucidus ; so also to Artemis, called by 
Sophocles 'AjuQ'ncvpog, and worshipped as the moon. 3 
At first, however, it seems to have been a symbolic 
representation in honour of the gods who gave and 
taught men the use of material moulding fire (irdv- 
rexvov nip, diddoKakog rexvng, as iEschylus calls it 4 ), 
though this special signification was lost sight of in 
later times. Other writers, in their anxiety to get 
a common signification for all the times and modes 
of the Xau7rad7](popia, have endeavoured to prove 
that all who were honoured by it were connected 
with the heavenly bodies, lafiirpol dwaarai (so Creu- 
zer 5 and Muller 6 ) ; others, that it always had an in- 
ner signification, alluding to the inward fire by which 
Prometheus put life into man (so Bronsted 7 ). Bui 
this legend of Prometheus was a later interpreta- 
tion of the earlier one, as may be seen by comparing 
Plat. Protag., p. 321, D., with Hesiod, Thcog., 561, so. 

LAMPAS. (Vid. Lampadephoria.) 

*LAMPS'ANE, a plant mentioned by Dioscorides 
and Galen, and which most of the commentators 
take for the Sinapi arvense. Sprengel, however, 
joins Columna in preferring Raphanv.s raphanistrum. 
Adams will not decide between the two. Both 
plants get the English name of Charlock. 8 

LA'NCEA. (Vid. Hasta, p. 489.) 

LANPSTA. (Vid. Gladiatores, p. 475.) 

LANX, dim. LANCULA, a large dish, made oi 
silver or some other metal, and sometimes emboss- 
ed, used at splendid entertainments to hold meat 
or fruit 9 (vid. Ccena, p. 275), and consequently at 
sacrifices 10 and funeral banquets. 11 (Vid. Funus, 
page 462.) The silver dishes used by the Romans 
at their grand dinners were of vast size, so that a 
boar, for example, might be brought whole to table. 18 
They often weighed from 100 to 500 pounds. 13 

The balance (Libra bilanx 1 *) was so called, be- 
cause it had two metallic dishes. 15 

When an officer entered a house for the recov- 
ery of stolen goods, being nearly naked, he held a 
dish before his face. Such a search was said to be 
made lance et licio. 16 (Vid. Furtum, p. 463.) 

♦LAP'ATHUM (luTtadov), a kind of Sorrel, Monk's 
Rhubarb, or Dock. The five species described by 



7. (ii., 77.) — 2. (Compare also Auct. ad Herenn., iv., 46.) — 3. 

(Plat., Rep., 1. c.) — 4. (Andoc. in Alcib., ad fin. — Compare 

Bfickh. Inscr., No. 243, 244.)— 5. (1. c.)— 6. (v., 133.)— 7. (1. c.) 

-8. (Pausan., i., 30, 2.— Sohol. ad Ran., 1085.;~9 Plat., 1. c.) 

566 



1. (Hesiod., Theog., 566, ed. Gaisf.)— 2. (^Eschyl. Trilogie, p. 
121.) — 3. (Creuzer, Symbolik, ii., p. 752, 764, French transl.) — 
4. (Prom., 7, 110.)— 5. (1. c.)— 6. (Minerva Polias, p. 5.) — 7. 
(Voyages, &c.,ii., p. 286, note 2.)— 8. (Dioscor.,ii., 142. — Adams, 
Append., s. v.) — 9. (Cic. ad Att., vi., 1. — Hor., Sat., II., ii., 4. — 
Id. ib., II., iv., 41 —Ovid, Pont., III., v, 20.— Petron., 31.) — Id' 
(Virg., Georg-., ii., 194, 394.— JEa., viii., 284. — Ib., xii., 215. — 
Ovid, Pont., IV., viii., 40.) — 11. (Propert., II., xiii., 23.)— 12. 
(Hor., 1. c.)— 13. (Plin., H. N., xxxiii., 52.)— 14. (Mart. Cap., ii., 
180.)— 15. (Cic, Acad., iv., 12.— Id., Tusc, v., 17.— Virg., iEii., 
xii., 725.— Pers., iv., 10.)— 16. (Festus, s. v.— Aid. Gell., xi., 18.} 



LARENTALiA. 



LATER. 



Dioscorides an thus arranged by Sprengel, who in 
this, as Adams remarks, closely follows Bauhin : 
1. The b!-v?.u7iadov is the Rumrx acutus ; the 2d 
species is the R. palientia ; the 3d, the R. scuta- 
tus ; the 4th, the R. acetosa ; and the 5th, the R. 
kydrolapathum, Huds. The Dock is named Rumcx 
by Pliny, and Paratella by Macer. The Lapathum 
of Celsus, according to Adams, is not well defined, 
and Dr. Milligan refers it, as the same authority 
remarks, to seven species of Rumex, in a very fan- 
ciful and loose manner. 1 

LAPH'RIA (Adopia), an annual festival, celebra- 
ted at Patrae, in Achaia, in honour of Artemis, sur- 
named Laphria. The peculiar manner in which it 
was solemnized during the time of the Roman Em- 
pire is described by Pausanias. 3 On the approach 
of the festival, the Patraeans placed in a circle, 
around the altar of the goddess, large pieces of 
green wood, each being sixteen yards in length ; 
within the altar they placed dry wood. They then 
formed an approach to the altar in the shape of 
steps, which were slightly covered with earth. On 
the first day of the festival a most magnificent pro- 
cession went to the Temple of Artemis, and at the 
end of it there followed a maiden who had to perform 
the functions of priestess on the occasion, and who 
rode in a chariot drawn by stags. On the second 
day the goddess was honoured with numerous sac- 
rifices, ofFered by the state as well as by private in- 
dividuals. These sacrifices consisted of eatable 
birds, boars, stags, goats, sometimes of the cubs of 
wolves and bears, and sometimes of the old animals 
themselves. All these animals were thrown upon 
the altar alive «t the moment when the dry wood 
was set on fire. Pausanias says that he often saw 
a bear, or some other of the animals, when seized 
by the flames, leap from the altar and escape across 
the barricade of green wood. Those persons who 
had thrown them upon the altar caught the devo- 
ted victims again, and threw them back into the 
flames. The Patraeans did not remember that a 
person had ever been injured by any of the animals 
on this occasion. 

LAPIS SPECULA'RIS. (Vid. House, Roman, 
p. 521.) 

LA'QUEAR. (Vid. House, Roman, p. 520.) 
LAQUEATO'RES. (Vid. Gladiatores, p. 476.) 
LARA'RIUM was a place in the inner part of a 
Roman house, which was dedicated to the Lares, 
and in which their images were kept and wor- 
shipped. It seems to have been customary for re- 
ligious Romans in the morning, immediately after 
they rose, to perform their prayers in the lararium. 
This custom is at least said to have been observed by 
the Emperor Alexander Severus, 3 who had among 
the statues of his lares those of Christ, Abraham, 
Orpheus, and Alexander the Great. This emperor 
had a second lararium, from which the first is dis- 
tinguished by the epithet majus, and the images of 
his second or lesser lararium were representations 
of great and distinguished men, among whom are 
mentioned Virgil, Cicero, and Achilles. That these 
images were sometimes of gold, is stated by Sue- 
tonius.* We do not know whether it was custom- 
ary to have more than one lararium in a house, or 
whether the case of Alexander Severus is merely 
to be looked upon as an exception. 

LARENTA'LIA, sometimes written LARENTI- 
NA'LIA and LAURENT A'LIA, was a Roman fes- 
tival in honour of Acca Larentia, the wife of Faus- 
tulus, and the nurse of Romulus and Remus. It 
was celebrated in December, on the 10th before the 
calends of January. 5 The sacrifice in this festival 

1. (Dioscor., ii., 140. — Adams, Append., s. v.) — 2. (viii., 18, y 
7 )-3 (I.amprid., Al. Sev., 29. 31.)— 4. (Vitell., 2.)— 5. (Fcstus, 
»• *■— Maciob., i„ 10.— Ovid, Fast . iii., 57.) 



was performed in the Velabrum at the place which 
led into the Nova Via, which was outside of the old 
city, not far from the Porta Romanula. At thia 
place Acca was said to have been buried. 1 Thia 
festival appears not to have been confined to Acca 
Larentia, but to have been sacred to all the Lares.' 
LARGFTIO. (Fid. Ambitus.) 
LARNAKES. (Vid. Funus, p. 456.) 
*LARUS (?Mpog), a species of Bird, generally re- 
garded as the Gull or Seamew, the Larus canus, L. 
Some of its characters, however, as given by Aris- 
totle, agree better with the L. parasiticus or L. 
marinus. " The poet Lycophron uses the word 
Kavrjf; for Xupoc. Tzetzes says that he calls an old 
man by this name, because in old age the hair be- 
comes hoary, like the leathers of the Seamew."* 
*LATAX (Aura£), the Otter. (Vid. Enhydrus.) 
LATER, dim. LATERCULUS (Tr/uvdoc, dim. 
-n?uvdic, Tr?uv6iov), a Brick. Besides the Greeks and 
Romans, other ancient nations employed brick for 
building to a great extent, especially the Babyloni- 
ans* and Egyptians. In the latter country, a paint- 
ing on the walls of a tomb at Thebes 5 exhibits slaves, 
in one part employed in procuring water, in mixing, 
tempering, and carrying the clay, or in turning the 
bricks out of the mould (vid. Forma), and arran- 
ging them in order on the ground to be dried by the 
sun, and in another part carrying the dried bricks 
by means of the yoke (vid. A sill a) to be used in 
building. In the annexed woodcut we see a man 
with three bricks suspended from each end of the 
yoke, and beside him another who returns from 
having deposited his load. 




These figures are selected from the above-men- 
tioned painting, being, in fact, original portraits of 
two AiyvTTTioi 7rMvdo<p6poi, girt with linen round 
the loins in exact accordance with the description 
given of them by Aristophanes, who at the same 
time alludes to all the operations in the process of 
brick-making (7r?uv0o7roua 6 ), which are exhibited in 
the Theban painting. 7 

The Romans distinguished between those bricks 
which were merely dried by the sun and air (later es 
crudi ; 8 iz7Sv6og upf} 9 ), and those which were burned 
in the kiln (cocti or coctiles ; orcTai 10 ). They prefened 
for the purpose clay which was either whitish or 
decidedly red. They considered spring the best 
time for brick-making, and kept the bricks two 
years before they were used. They made thera 
principally of three shapes : the Lydian, which was 
a foot broad, H feet long ; the tetradoron, which 
was four palms square ; and the pentadoron, which 
was five palms square. They used them smaller 

1. (Macrob., 1. c— Varro, De Lin?. Lat., v., 23, 24.)— 2. (Har 
tun?, die Religion derRomer, ii., 146.) — 3. (Aristot., H. A., v., 8. 
— Schol. in Lycophr., 424.— Adams, Append., s. v.) — 4. (Herod., 
i., 179.— Xen., Anab., iii., 4, v 7, 11.— Nahum, iii., 14.)— 5. (Wil- 
kinson's Manners and Customs, ii., p. 99.)— 6. (Schol. in Pind., 
01., v., 20.) — 7. (Aves, 1132-1152.— Schol. ad loc.) — 8. (Plin., 
H. N., xxxv., 48.— Varro, De Re Rust., i., 14.— Col., De Re Rust., 
ix.. I.)— 9. (Paua., viii.,8,5.) — 10. (Xen., Anab., ii., 4. t> 12. - 
Herod . 1. c ) 

507 



LATERNA. 



LATINITAS. 



in private than it. public edifices. Of this an exam- 
ple is presented in the great building at Treves, 
called the palace of Constantine, which is built of 
" burned bricks, each of a square form, fifteen inches 
in diameter, and an inch and a quarter thick." 1 
These bricks, therefore, were the pentadora of Vi- 
truvius and Pliny. At certain places the bricks 
were made so porous as to float in water ; and 
these were probably used in the construction of 
arches, in which their lightness would be a great 
advantage. 2 It was usual to mix straw with the 
clay. 3 In building a brick wall, at least crudo latere, 
i. e., with unburned bricks, the interstices were 
filled, with clay or mud {luto% but the bricks were 
also sometimes cemented with mortar. 5 For an 
account of the mode of arranging the bricks, see 
Murus. The Babylonians used asphaltum as the 
cement. 6 Pliny 7 calls the brickfield later aria, and 
to make bricks lateres ducere, corresponding to the 
Greek nluvdovg eXkeiv or epvecv. 9 

The Greeks considered perpendicular brick walls 
more durable than stone, and introduced them in 
their greatest public edifices. Brick was so com- 
mon at Rome as to give occasion to the remark of 
the Emperor Augustus in reference to his improve- 
ments, that, having found it brick (lateritiam), he 
had left it marble. 9 The Babylonian bricks are 
commonly found inscribed with the characters call- 
ed from their appearance arrow-headed or cunei- 
form. It is probable that these inscriptions record- 
ed the time and place where the bricks were made. 
The same practice was enjoined by law upon the 
Roman brickmakers. Each had his mark, such as 
the figure of a god, a plant, or an animal, encircled 
by his own name, often with the name of the place, 
of the consulate, or of the owner of the kiln or the 
brickfield. 10 It has been observed by several anti- 
quaries, that these imprints upon bricks might throw 
considerable light upon the history and ancient ge- 
ography of the places where they are found. Mr. 
P. E. Wiener has accordingly traced the 22d legion 
through a great part of Germany by the bricks which 
bear its name. 11 In Britain many Roman bricks 
have been found in the country of the Silures with 
the inscription LEG. II. AVG. stamped upon them. 12 

The term laterculus was applied to various pro- 
ductions of the shape of bricks, such as pastry or 
confectionary ; 13 and for the same reason, ingots of 
gold and silver are called lateres. 1 * 

LATERNA or LANTERNA (iTrvof, 15 Xv X vovxog ; 16 
in later Greek, ^avog 1 " 1 ), a Lantern. Two bronze 
lanterns, constructed with nicety and skill, have 
been found in the ruins of Herculaneum and Pom- 
peii. One of them is represented in the annexed 
woodcut. Its form is cylindrical. At the bottom 
is a circular plate of metal, resting on three balls. 
Within is a bronze lamp attached to the centre of 
the base, and provided with an extinguisher, shown 
on the right hand of the lantern. The plates of 
translucent horn, forming the sides, probably had 
no aperture ; but the hemispherical cover may be 
raised so as to admit the hand and to serve instead 
of a door, and it is also perforated with holes through 
which the smoke might escape. To the two up- 
* right pillars supporting the frame- work, a front view 
of one of which is shown on the left hand of the 



lantern, c.iains are attached for carrying the lant^ra 
by means of the handle at the top. 



I. (Wyttonbach's Guide to the Roman Antiquities of Treves, 
r.42.}— 2. (Plin.,H. N.,xxxv M 49.— Vitruv.,ii., 3.)— 3. (Vitruv., 
1. c — Pallad. De Re Rust., vi., 12.— Exod., v., 7.)— 4. (Col., 1. 
c.) — 5. (Wyttenbach, p. (55, 60.)— 6. (Herod., 1. c.1— 7. (vii., 
57.)— 8. (Herod., i., 178.— Id., ii., 136).— 9. (Sueton., Aug., 29.) 
— 10. (Seroux d'Agincourt, Rec. de Fragmens, p. 82-88.) — 11. 
(De Leg. Rom. vie. sec. Darmstad, 1830, p. 106-137.)— 12. (Ar- 
^hasologia, V., v., p. 35.) — 13. (Plaut., Poen., i., 2, 112.— Cato, 
De Re Rust., 109.) — 14. (Plin., II N., xxxiii., 17.) — 15. (Ar- 
istoph., Pax, 841. — Pherecrates, p. 26, ed. Runkel.) — 16. 
(Phrynicus, Eclfg., p. 59.) — 17. (Athen-deus, xv., 58.— Philox., 
Gloss.) 

563 




We learn from Martial's epigrams 1 that bladder 
was used for lanterns as well as horn. Some cen- 
turies later glass was also substituted. 2 The most 
transparent horn lanterns were brought from Car- 
thage. 3 When the lantern was required for use, the 
lamp was lighted and placed within it. 4 It was car- 
ried by a slave, 5 who was called the laternarius.* 
When a lantern was not at hand, a basket (o-Kvpi- 
Slov), as a cheaper and commoner utensil, was taken 
to hold the lamp. 7 

Lanterns were much employed in military opera 
tions ; 8 and not only the common kind, but the dark 
lantern, which was square, with a white skin on the 
side next to the bearer, enabling %im to see, and 
with black skins on the three other sides 9 

LATICLA'VII. (Vid. Clavus, p. 264.) 

LATFN/E FE'RL-E. (Vid. Ferine, p. 436.) 

LATFNITAS, LA'TIUM, JUS LATH {to w 
Xovfitvov Aarelov 10 ). All these expressions are used 
to signify a certain status intermediate between thai 
of cives and peregrini. The word " Latinitas" oc- 
curs in Cicero. 11 Before the passing of the lex Ju.iia 
de Civitate, the above expressions denoted a certain 
nationality, and, as part of it, a certain legal status 
with reference to Rome ; but after the passing of 
that lex, these expressions denoted only a certain 
status, and had no reference to any national distinc- 
tion. About the year B.C. 89, a lex Pompeia gave 
the jus Latii to all the Transpadani, and, conse- 
quently, the privilege of obtaining the Roman civitaa 
by having filled a magistratus in their own cities. 
To denote the status of these Transpadani, the word 
Latinitas was used, which, since the passing of the 
lex Julia, had lost its proper signification ; and this 
was the origin of that Latinitas which thenceforth 
existed to the time of Justinian. This new Latini- 
tas, or jus Latii, was given to whole towns and coun- 
tries ; as, for instance, by Vespasian to the whole 
of Spain, 12 and to certain Alpine tribes (Latio do- 
nati 13 ). 

This new Latinitas was given not only to towns 
already existing, but to towns which were founded 
subsequently to the lex Pompeia, as Latinse Colo- 
niae ; for instance, Novum -Comum, which was 
founded B.C. 59 by Caesar. Several Latin towns 
of this class are mentioned by Pliny, especially in 
Spain. 

Though the origin of this Latinitas, which makes 
so prominent a figure in the Roman jurists, is cer- 
tain, it is not certain wherein it differed from that 



1. (xiv.. 61, 62.)— 2. (Isid., Orig\, xx., 10.)— 3. (Plaut., Aul., 
III., vi., 30.)— 4. (Pherecrates, p. 21.) — 5. (Plav.f.., Amphitr. 
Prol., 149.— Id. ib., I., i., 185.— Val. Max., vi- 8, ', 1.)— 6. (Cic. 
in Pis., 9.)— 7. (Aristoph., Achar., 452.) — S. (Veget., De Ra 
Mil., iv., 18.) — 9. (Jul. Africanus, 69, ap. Math. Par., 1693, r 
311.)— 10. (Strab.,p. 186. Casaub.)— 11. (ad Att., r v , 12.)—lt. 
(Plin., H. N., iii., 4.)— 13. (Id. ib., iii., 20.) 



!>ATINITAS. 



/.AIRJNCUL. 



Latvnitas whu h was the characteristic of the Latmi 
before the passing of the Julia lex. It is, however, 
clear that all the old Latini had not the same rights 
with respect to Rome, and that they could acquire 
the civitas on easier terms than those by which the 
new Latinitas was acquired. 1 Accordingly, the 
rights of the old Latini might be expressed by the 
term majus Latium, and those of the new Latini by 
Ihe term minus Latium, according to Niebuhr's in- 
genious emendation of Gaius.' The majus Latium 
might he considered to be equivalent to the Latium 
antiquum and vetus of Pliny ; 3 for Pliny, in descri- 
bing the towns of Spain, always describes the prop- 
er colonies as consisting " civium Romanorum," 
while he describes other towns as consisting some- 
times " Latinorum" simply, and sometimes " Lati- 
norum veterunv' or as consisting of oppidani " La- 
tii veteris," from which an opposition between La- 
tini veteres and Latini simply might be inferred. 
But a careful examination of Pliny rather leads to 
the conclusion that his Latini veteres and Latini are 
the same, and that by these terms he merely desig- 
nates the Latini coloniarii hereafter mentioned. 
The emendation of Niebuhr is therefore not sup- 
ported by these passages of Pliny, and though in- 
genious, it ought, perhaps, to be rejected ; not for the 
reasons assigned by Madvig, which Savigny has an- 
swered, but because it does not appear to be con- 
sistent with the whole context of Gaius. 

The new Latini had not the connubium, and it 
is a doubtful question whether the old Latini had it. 
The new Latini had the commercium, and herein 
their condition was the same as that of the twelve 
or eighteen old Latin colonies, which were specially 
favoured. (Vid. Civitas.) 

This new Latinitas, which was given to the Trans- 
padani, was that legal status which the lex Junia 
Norbar.a gave to a numerous class of freedmen, 
hence called Latini Juniani.* The date of this lex 
<s not ascertained. 

The Latini coloniarii, who are mentioned by Ul- 
pian,* are the inhabitants of towns beyond Italy, to 
whom the Latinitas was given. These are the 
towns which Pliny calls " oppida Latinorum vete- 
rum" and enumerates with the " oppida civium Ro- 
manorum"* which were military colonies of Roman 
citizens. The passages in which the Latini colo- 
niarii are mentioned as a class then existing, must 
have been written before Car«^dlla gave the civitas 
to the whole empire. 

These, the most recent views of Savigny on this 
difficult subject, are contained in the Zeitschrift, vol. 
ix., Der Rom. Volksschluss der Tafel von Heraclea. 

The Latini could acquire the jus Quiritium, ac- 
cording to Ulpian, 7 in the following ways : By the 
beneficium principale, liberi, iteratio, militia, navis, 
ffidificium, pistrinum ; and by a senatus consultum 
it was given to a female "vulgo qua, sit ter enixa." 
These various modes of acquiring the civitas are 
treated in detail by Ulpian, from which, as well as 
the connexion of this title " De Latinis" with the 
first title, which is " De Libertis," it appears that 
he only treated of the modes in which the civitas 
might be acquired by those Latini who were liberti. 
The same remark applies to the observations of 
Gaius* on the same subject (Quibus modis Latini ad 
eivitatem Romanam perveniant). In speaking of 
the mode of acquiring the civitas by means of li- 
beri, Gaius speaks of a Latinus, that is, a libertus 
Latinus, marrying a Roman citizen, or a Latina co- 
loniaria, or a woman of his own condition, from which 
it is clear that all his remarks under this head apply 
to liberti Latini ; and it also appears that Gaius 



speaks of the Latini coloniarii as a class existing ia 
his time. Neither Ulpian nor Gaius says anything 
on the mode by which a Latinus coloniarius might 
obtain the civitas Romana. 

*LATOS (laruq), the name of a fish mentioned 
by Strabo and Athenaeus. It would appear to have 
been some variety of the nopaKivoc, or Umbre. 

LATRU'NCULI (Treaaoi, ff/Qoi.), Draughts. Tne 
invention of a game resembling draughts was attrib- 
uted by the Greeks to Palamedes, whom they hon- 
oured as one of their greatest benefactors. (Vid. 
Abacus, § 7.) The game is certainly mentioned by 
Homer, who represents the suitors of Penelope amu- 
sing themselves with it. 1 Others ascribed the in- 
vention to the Egyptian Theuth ; a and the paintings 
in Egyptian tombs, which are of far higher antiquity 
than any Grecian monuments, not unfrequently rep- 
resent persons employed in this recreation. The 
painting, from which the accompanying woodcut is 
taken, is on a papyrus preserved in the Museum of 
Antiquities at Leyden, and was probably made about 



1. (Lw., xL., 12.) — 2. (i., 96.) — 3. (iv., 22.)— 4. (Gaius, i., 
>2.— Id., iii., 56. — Ulp., Fra?., tit. i.)— 5. (Frag., xix., s. 4.) — 6. 
(iii., 3.)— 7. (Frag., tit. iii.,"" De Latiais.")— 8. (i., 28.) 

4 G 




1700 years B.C. It is remarkable that a mail ia 
here represented playing alone ; whereas, not only 
in works of Egyptian art, but also on Greek painted 
vases, we commonly observe two persons playing 
together. For this purpose there were two sets of 
men, one set being black, the other white or red. 
Being intended to represent a miniature combat be- 
tween two armies, they were called soldiers (mili- 
tes 3 ), foes (hostes), and marauders (latrones, dim. ia- 
trunculi*') ; also Calculi, because stones were often 
employed for the purpose. 6 Sometimes they were 
made of metal or ivory, glass or earthenware, and 
they were various and often fanciful in their forms. 
The object of each player was to get one of his ad- 
versary's men between two of his own, in which 
case he was entitled to take the man kept in check, 1 
or, as the phrase was, alligatus.' 1 Some of the men 
were obliged to be moved in a certain direction (or- 
dine), and were therefore called ordinarii ; others 
might be moved any way, and were called vagi ;' 
in this respect the game resembled chess, which is 
certainly a game of great antiquity. 

Seneca calls the board on which the Romans 
played at draughts, tabula latruncularia. 9 The spa 
ces into which the board was divided were called 
mandrce. 10 The abacus, represented at page 10, ia 
crossed by five lines. As five men were allowed on 
each side, we may suppose one player to arrange 
his five men on the lines at the bottom of the aba- 
cus, and the other to place his five men on the same 
lines at the lop, and we shall have them disposed 
according to the accounts of ancient writers, 11 who 

1. (Od., i., 107.)— 2. (Plat., Phaedr., p. 274, d.) — 3. (Ov< 
Trist., ii., 477.)— 4. (Ovid, A. A., ii., 208.— Id. ib., iii., 357.-- 
Mart., xiv., 20.— Sen., Epist., 107.) — 5. (Aul. Gell., xiv., 1.)— 
6. (Ovid, 11. cc. — Mart., xiv.. 17.)— 7. (Sen., Epist., 118.) — 8 
(Isid., Orig., xviii., 67.)— 9. (Epist., 118.)- 10. (Mart., vi: . 71.) 
— 11. (Etymol. Mag., s. v. llcccoi ^Pollux. Onom., ix., DV — 
Eustath. in Horn., 1. c.) 

5G9 



LECTICA. 



LECTICA. 



Bay ttoat the middle line of the five was called 
iepa ypd^r\. But instead of five, the Greeks and 
Romans often had twelve lines on the board, whence 
the game so played was called duodecim scripta. 1 
Indeed, there can be little doubt that the latrunculi 
were arranged and played in a considerable variety 
of w T ays, as is now the case in Egypt and other 
Oriental countries. 2 

Besides playing with draughtsmen only, when 
Lie game was altogether one of skill, the ancients 
used dice (vid. Tesserae, kv6oc) at the same time, 
so as to combine chance with skill, as we do in 
backgammon. 3 

LATUS CLAVUS. (Vid. Clavus Latus.) 

LAUDA'TIO FUNEBRIS. ( Vid. Funus, p. 459.) 

LAURENT A'LIA. (Vid. Larentalia.) 

*LAURUS, the Bay-tree. ( Vid. Daphne.) 

LAUTIA. ( Vid. Legatus, p. 575.) 

LAUTU'MLE, LAUTO'MLE, LATO'MLE, or 
LATU'MLE QdQoToyLLaL or XaTOftiat, Lat. Lavicidi- 
n<z), are literally places where stones are cut, or 
quarries ; and in this sense the word "karofiiaL was 
used by the Sicilian Greeks. 4 In particular, how- 
ever, the name lautumiae was given to the public 
prison of Syracuse. It lay in the steep and almost 
inaccessible part of the town which was called 
Epipolae, and had been built by Dionysius the ty- 
rant. 5 Cicero, who had undoubtedly seen it himself, 
describes it 6 as an immense and magnificent work, 
worthy of kings and tyrants. It was cut to an im- 
mense depth into the solid rock, so that nothing 
could be imagined to be a safer or stronger prison 
than this, though it had no roof, and thus left the 
prisoners exposed to the heat of the sun, the rain, 
and the coldness of the nights. 7 The whole was a 
stadium in length, and two plethra in width. 8 It 
was not only used as a prison for Syracusan crimi- 
nals, but other Sicilian towns also had their crimi- 
nals often removed to it. 

The Tullianum at Rome was also sometimes 
called lautumiae. (Vid. Carcer.) 

*LAVER, a plant of the aquatic class, supposed 
by some to be the Water Parsley, or yellow Water- 
presses. It is the same with the Slum. (Vid. 
Sium.) 

LECTFCA (kKivt], n?avidiov, or (j)opetov) was a 
kind of couch or litter, in which persons, in a lying 
position, were carried from one place to another. 
They may be divided into two classes, viz., those 
which were used for carrying the dead, and those 
which served as conveniences for the living. 

The former of these two kinds of lecticae (also 
called lectica funebris, lecticula, lectus funebris, 
feretrum, or capulum), in which the dead were car- 
ried to the grave, seems to have been used among 
the Greeks and Romans from very early times. In 
the beauty and costliness of their ornaments these 
lecticae varied according to the rank and circum- 
stances of the deceased. (Vid. Funus, p. 459.) 
The lectica on which the body of Augustus was 
tarried to the grave was made of ivory and gold, 
and was covered with costly drapery worked of pur- 
ple and gold. 9 During the latter period of the Em- 
pire, public servants (lecticarii) were appointed for 
the purpose of carrying the dead to the grave with- 
out any expense to the family to whom the de- 
ceased belonged. 10 Representations of lecticae fune- 

1. (Cic, De Or., i., 50. — Quintil., xi., 2. — Ovid, Art. Amat., 
iii., 363.) — 2. (Niebuhr, Reisebeschr. nach Arabien, i., p. 172.) 
3. (Ter., Adelph.,IV., vii., 23. — Isid., Orig., xviii., 60.— Brunck, 
An., iii., 60. — Becker, Gallus, ii., p. 228, &c.) — 4. (Pseudo- As- 
con., ad Cic. in Verr., ii., 1, p. 161, ed. Orelli. — Compare Diod. 
Sic, 3d., 25.— Plaut., Pcen., IV., ii., 5.— Id., Capt., III., v., 65.— 
Festus, s. v. LatumiiE.) — 5. (JElian, V. II., xii., 44. — Cic. in 
Verr., v., 55.)— 6. (in Verr., v., 27.)— 7. (Compare Thucyd., vii., 
67.)— 8. (^Elian, 1. c.)— 9. (Dion Cass., lvi., 34.— Compare Di- 
onys., Ant. Rom., iv., p. 270.— Corn. Nepos, Att., 23, 2. — Tacit., 
Hist., iii., 67.)— 10. (Novell., 43 an 1 59.) 
570 



bres have been found on several sepulchral mooa 
ments. The following woodcut represents one ta- 
ken from the tombstone of M. Antonius Antius 
Lupus. 1 



^^¥&mm 



"H 



£*- 



*M^ 



Lecticae for sick persons and invalids seem like- 
wise to have been in use in Greece and at Rome 
from very early times, and their construction prob- 
ably differed very little from that of a lectica fune- 
bris. 8 We also frequently read that generals in 
their camps, when they had received a severe 
wound, or when they were suffering from ill health, 
made use of a lectica to be carried from one place 
to another. 3 

Down to the time of the Gracchi we do not hear 
that lecticae were used at Rome for any other pur- 
poses than those mentioned above. The Greeks, 
however, had been long familiar with a different kind 
of lectica (kMvij or <popetov), which was introduced 
among them from Asia, and which was more an 
article of luxury than anything to supply an actual 
want. It consisted of a bed or mattress, and a pil- 
low to support the head, placed upon a kind of bed- 
stead or couch. It had a roof consisting of the 
skin of an ox, extending over the couch and resting 
on four posts. The sides of this lectica were cov- 
ered with curtains (av^aiai). It appears to have teen 
chiefly used by women, 4 and by men only when they 
were in ill health. 5 If a man without any physica. 
necessity made use of a lectica, he drew upon him- 
self the censure of his countrymen as a person of 
effeminate character. 6 But in the time subsequent 
to the Macedonian conquests in Asia, lecticae were 
not only more generally used in Greece, but were 
also more magnificently adorned. 7 The persons 01 
slaves who carried their masters or mistresses in a 
lectica were called (j>opea<p6pot, 6 and their number 
was generally two or four. 9 When this kind of lec- 
tica was introduced among the Romans, it was 
chiefly used in travelling, and only very seldom in 
the city of Rome itself. The first trace of such 
a lectica is in a fragment of a speech of C. Grac- 
chus, quoted by Gellius. 10 From this passage it 
seems evident that this article of luxury was intro- 
duced into Italy from Asia, and that at the time 
scarcely any other lectica than the lectica funebris 
was known to the country people about Rome. It 
also appears from this passage that the lectica there 
spoken of was covered, otherwise the countryman 
could not have asked whether they were carrying a 
dead body. 11 The resemblance of such a lectica 
used by the Romans to that which the Greeks had 
received from Asia is manifest from the words of 
Martial: 13 " lectica tutapelleveloque." It had a roof, 
consisting of a large piece of skin or leather ex- 
panded over it and supported by four posts, and the 
sides also were covered with curtains (vela, plagce 
or plagulcc 13 ). During the time of the Empire, how- 

I. (Compare Lipsius, Elect., i., 19. — Scheffer, De Re Vehic 
ulari, ii., 5, p. 89. — Gruter, Inscr., p. 954, 8.— Bottiger, Sabina 
ii.,p. 200. — Agyafalva, Wanderungen durch Pompeii.) — 2. (Liv., 
ii.,36.— Aurel. Vict., De Vir. 111., c. 34.)— 3. (Liv.. xxiv , 42.— 
Val. Max., ii., 8, 2.— Id., i., 7.— Sueton., Octav., 91.)— 4. (Suid., 
s. v. (popuov.) — 5. (Anacr. ap. Athen., xii., p. 533, &c. — Plut., 
Pericl., 27. — Lysias, De Vuln. Pram., p. 172. — Andocid., De 
Myst., v. 30. — Plut., Eumen., 14.)— 6. (Dinarch., c. Demosth , 
p. 29.)-" 'Plut., Arat., 17.)— 8. (Diog. Laert., v., 4, t) 73.)— 9. 
(Lucian, Epist. Saturn., 28.— Id., Somn. s. Gall., 10.— Id., Cyn., 
9. — Compare Becker, Charikles, ii., p. 71, &c.) — 10. (x., So- 
il. (Compare Cic, Philip., ii., 45. — Plut., Cic, 48. — Dion Cad*., 
xlvii., 10.)— 12. (xi., 98.)— 13. (Compare Senec, Suas., i., <$.-* 
Suet., Tit., 10.) 



LECTICA. 



l.YsC i ISTLRMUM. 



ever, the caitains were not thought a sufficient pro- 
tection for a lectica ; and, consequently, we find 
that lecticas, used by men as well as women, were 
closed on the sides by windows made of transparent 
stone (lapis specularis), whence Juvenal 1 calls such 
a lectica an antrum clausum latis specularibus. 2 We 
sometimes find mention of a lectica aperta, 3 but we 
have no reason to suppose that in this case it had 
no roof, for the adjective aperta probably means no- 
thing more than that the curtains were removed, 
i. «., either thrown aside or drawn up. The whole 
lectica was of an oblong form, and the person con- 
veyed in it lay on a bed (pulvinus), and the head 
was supported by a pillow, so that he might read and 
write in it with ease. To what extent the luxury 
of having a soft and pleasant bed in a lectica was 
carried, as early as the time of Cicero, may be seen 
from one of his orations against Verres.* Feath- 
er-beds seem to have been very common. 5 The 
framework, as well as the other appurtenances, 
were, with wealthy persons, probably of the most 
costly description. The lectica, when standing, 
rested on four feet, generally made of wood. Per- 
sons were carried in a lectica by slaves (lecticarii) 
by means of poles (asseres) attached to it, but not 
fixed,*so that they might easily be taken off when 
necessary. 6 There can be no doubt that the asse- 
res rested on the shoulders of the lecticarii, and not 
on thongs which passed round the necks of these 
slaves and hung down from their shoulders, as some 
modern writers have thought. 7 The act of taking 
the lectica upon the shoulders was called succollare,* 
and the persons who were carried in this manner 
were said succolfari. 9 From this passage we also 
learn that the name lecticarii was sometimes incor- 
rectly applied to those slaves who carried a person 
in a sella or sedan-chair. The number of lecticarii 
employed in carrying one lectica varied according to 
its size, and the display of wealth which a person 
might wish to make. The ordinary number was 
probably two ; 10 but it varied from two to eight, and 
the lectica is called hexaphoron or octophoron, ac- 
cordingly as it was carried by six or eight persons. 11 
Wealthy Romans kept certain slaves solely as their 
lecticarii ; 12 and for this purpose they generally se- 
lected the tallest, strongest, and most handsome 
men, and had them always well dressed. In the 
time of Martial it seems to have been customary 
for the lecticarii to wear beautiful red liveries. The 
lectica was generally preceded by a slave called an- 
teambulo, whose office was to make room for it. 13 

Shortly after the introduction of these lecticas 
among the Romans, and during the latter period of 
the Republic, they appear to have been very com- 
mon, though they were chiefly used in journeys, and 
in the city of Rome itself only by ladies and inva- 
lids. 1 * But the love of this, as well as of other kinds 
of luxury, increased so rapidly, that J. Caesar thought 
it necessary to restrain the use of lecticac, and to 
confine the privilege of using them to certain per- 
sons of a certain age, and to certain days of the 
year. 15 

In the reign of Claudius we find that the privilege 
of using a lectica in the city was still a great dis- 
tinction, which was only granted by the emperor to 
his especial favourites. 16 But what until then had 
been a privilege, became gradually a right assumed 

1. (iv., 20.)— 2. (Compare Juv., iii., 239.)— 3. (Cic, Phil.,ii., 
14.)— 4. (v., 11.)— 5. (Juv., i., 159, &c.)— 6. (Sueton., Calig., 
58.— Juv., vii., 132.— Id., iii.. 245.— Martial, ix., 23. 9.)— 7. (Sen- 
ec, Epist., 80, 110. — Tertull. ad Uxor., i., 4. — Clem. Alex., 
Paedag., iii., 4.— Juv., iii., 240.— Id., ix , 142.)— 8. (Plin., H. N., 
xxxv., 10.— Sueton., Claud., 10.)— 9. (Sueton., Otho, 6.)— 10. (Pe- 
Iron., Sat., 56.— Juv., ix., 142.)— 11. (Juv., i., 64.— Mart.,ii., 81. 
—Id., vi., 77.— Cic. in Verr., v., 1 1 .—Id., ad Quint. Fr., ii., 10.) 
—12. (Cic. adFam., iv.,12.)— 13. (Mart., iii.,4fi.— Plin., Epist., 
iii., 14.— Compare Becker, Gallus, i., p. 213, &c.)— 14. (Dion 
Cass., lvii 17.)— 15. (Sueton., Jul., 43.)— 16. (Suet., Claud., 28.) 



by all, and every wealthy Roman kept one < r mora 
lecticae, with the requisite number of lecticarii. 
The Emperor Domitian, however, forbade prosti- 
tutes the use of lecticae. 1 Enterprising individ- 
uals gradually began to form companies (corpus lec- 
ticariorum), and to establish public lecticae, which 
had their stands (castra lecticariorum) in the reg ; t 
Transtiberina, and probably in other parts also, 
where any one might take a lectica on hire. 2 The 
persons of whom these companies consisted were 
probably of the lower orders or freedmen. 3 

The lecticae of which we have hitherto spoken 
were all portable, i. e , they were constructed in such 
a manner that the asseres might easily be fastened 
to them whenever it was necessary to carry a per- 
son in them from one place to another. But the 
name lectica, or, rather, the diminutive lecticula, 
was also sometimes applied to a kind of sofa, which 
was not moved out of the house. On it the Ro- 
mans frequently reclined for the purpose of reading 
or writing, for the ancients, when writing, seldom 
sat at a table as we do, but generally reclined on a 
couch ; in this posture they raised one knee, and 
upon it they placed the parchment or tablet on 
which they wrote. From this kind of occupation 
the sofa was called lecticula lucubratoria,* or, mor«« 
commonly, lectulus. 5 

LECTICA'RII. (Vid. Lectica.) 

LECTISTE'RNIUM. Sacrifices being of the u* 
ture of feasts, the Greeks and Romans, on occasion 
of extraordinary solemnities, placed images of the 
gods reclining on couches, with tables and viands 
before them, as if they were really partaking of the 
things offered in sacrifice. This ceremony was 
called a hctisiernium. Three specimens of the 
couches employed for the purpose are in the Glyp- 
totek at Munich. The woodcut here introduced p*' 




hibits one of them, which is represented with a 
cushion covered by a cloth hanging in ample folds 
down each side. This beautiful pulvinar 6 is wrought 
altogether in white marble, and is somewhat more 
than two feet in height. At the Epulum Jovis, 
which was the most noted lectisternium at Rome, 
and which was celebrated in the Capitol, the statue 
of Jupiter was laid in a reclining posture on a couch, 
while those of Juno and Minerva were seated on 
chairs by his side ; and this distinction was obser- 
ved in allusion to the ancient custom, according to 
which only men reclined, and women sat at table. 7 
(Vid. Coena, p. 276.) Nevertheless, it is probable 
that at a later period both gods and goddesses were 
represented in the same position : at least four oi 
them, viz., Jupiter Serapis and Juno or Isis, togeth- 
er with Apollo and Diana, are so exhibited with a 
table before them, on the handle of a Roman /amp 
engraved by Bartoli. 8 Livy 9 gives an account oi a 

1. (Suet., Domit., 8.)— 2. (Vict., De Reg-. Urb. Rom. in Graev., 
Thesaur., iii., p. 49. — Martial, iii., 46.) — 3. (Compare Gruter, 
Inscr., 599, 11. — Id. ib., 600, 1.) — 4. (Suet., Octav., 78.)— 3 
(Plin., Epist., v., 5.— Ovid, Trist., i., 11, 38.— Compare Alstorp* 
De Lecticis Veterum Diatriba, Amst., 1704.) — 6. (Suet., Jul.. 
76.— Corn. Nep., Timoth., 2.)— 7. (Val. Max., ii., 1, $ 2 (- * 
(Luc. Ant., ii., 34.)— 9. (v., 13.) 

5? 



jlECTUS. 



LECTUS. 



▼ery splendid lectisternium, which he asserts to 
have been the origin of the practice. 

LECTUS (Ae^of, Kkivrj, evvrj), a Bed. In the he- 
roic ages of Greece beds were very simple; the 
bedsteads, however, are sometimes represented as 
ornamented (rprjTa lixea}). The principal parts of 
a bed were the x^^ v ^ and (yfiyea ; a the former were 
a kind of thick woollen cloak, sometimes coloured, 
which was in bad weather worn by men over their 
Xiruv, and was sometimes spread over a chair to 
render the seat soft. That these ^AaZVtu served as 
blankets for persons in their sleep, is seen from 
Odyss.j xiv., 488, 500, 504, 513, 529 ; xx., 4. The 
bnyea, on the other hand, were probably a softer 
and more costly kind of woollen cloth, and were 
ased chiefly by persons of high rank. They were, 
like the x^ a ~ ivai i sometimes used to cover the seat 
of chairs when persons wanted to sit down. 3 To 
render this thick woollen stuff less disagreeable, a 
linen cloth was sometimes spread over it.* It has 
sometimes been supposed that the (ifi-yea were pil- 
lows or bolsters ; but this opinion seems to be refu- 
ted by the circumstance that, in Odyss., vi., 38, they 
are described as being washed, without anything 
being said as to any operation which would have 
necessarily preceded the washing had they been 
pillows. Beyond this supposition respecting the /5??- 
■yea, we have no traces of pillows or bolsters being 
used in the Homeric age. The bedstead (Ae^of, 
XtKTpov, 6e/j,vLov) of persons of high rank was cov- 
ered with skins (nuea), upon which the f>^yea were 
placed, and over these linen sheets or carpets were 
spread ; the ^/laZVa, lastly, served as a cover or 
blanket for the sleeper. 5 Poor persons slept on 
skins or beds of dry herbs spread on the ground. 6 
These simple beds, to which, shortly after the Ho- 
meric age, a pillow for the head was added, contin- 
ued to be used by the poorer classes among the 
Greeks at all times. Thus the bed of the orator 
Lycurgus is said to have consisted of one sheep- 
skin {kuSlov) and a pillow. 7 But the complete bed 
{ivvrj) of a wealthy Greek in later times generally 
consisted of the following parts : Klivr], kmrovot, 
tvXelov or Kv£(pa?iov, 7rpocn<e<j)d?LEiov, and orpufiara. 

The kVlvti is, properly speaking, only the bedstead, 
and seems to have consisted only of posts fitted into 
one another, and resting upon four feet. At the 
head part alone there was a board (avdnlivrpov or 
kmKlivrpov) to support the pillow and prevent its 
falling but. Sometimes the dvuKkivrpov is want- 
ing. 8 (Compare the first woodcut in page 188.) 
Sometimes, however, the bottom part of a bedstead 
was likewise protected by a board, so that in this 
case a Greek bedstead resembled a modern so-call- 
ed French bedstead. The kXivt\ was generally made 
of wood, which in quality varied according to the 
means of the persons for whose use it was destined ; 
for in some cases we find that it was made of solid 
maple or boxwood, or veneered with a coating of 
these more expensive woods. At a later period, 
bedsteads were not only made of solid ivory or ve- 
neered with tortoise-shell, but sometimes had silver 
feet. 9 

The bedstead was provided with girths (tovoi, 
EirirovoL, neipta), on which the bed or mattress (kve- 
<jfra/W, rvTiclov, Kolrog, or Tv?i7i) rested ; instead of 
these girths, poorer people used strings. 10 The cov- 
er or ticking of a mattress was made of linen or 
woollen cloth, or of leather, and the usual material 



1. (II., iii., 448. — Compare Odyss., xxiii., 219, &c.)— 2. (Odyss., 
132., 337.) — 3. (Odyss., x., 352.)— 4. (Odyss., xiii., 73.) — 5. 
(Odyss., iv., 296, <fcc— II., xxiv., 643, &c— lb., ix., 660, &c.)— 
6. (Odyss., xiv., 519.— lb., xx., 139, &c— lb., xi., 188, Ac- 
Compare Nitzsch, zur Odyss., vol. i., p. 210.)— 7. (Plut., Vit. 
Dec. Orat. Lycurfr., p. 842, C.)— 8. (Pollux, Onom., x., 34.— Id. 
ib., vi., 9.)— 9. (Pollux, 1. c— .Elian, V. H., xii., 29.— Athen., 

., 255.)— 10. (Aristoph., Av., 814, with the Schol.) 
57? 



with which it was filled (to t/xdaXTiofievw nAripuftft, 
or yvdtyakov) was either wool or dried weeds. At 
the head part of the bed, and supported by the tni- 
aXivrpov, lay a round pillow (npooKE^dleiov) to sup ■ 
port the head ; and in some ancient pictures twa 
other square pillows are seen, which were intended 
to support the back. The covers of such pillows 
are striped in several pictures on ancient vases (sea 
the woodcut in page 326), and were therefore prob- 
ably of various colours. They were undoubtedly 
filled with the same materials as the beds and mat- 
tresses. 

The bed-covers, which may be termed blankets 
or counterpanes, were called by a variety of names, 
such as TcepiaTpufiara, vnoarpufiaTa, kiu6?i7]p.aTa, 
epeo~Tpidec, ^Aa?fai, dfityieoTpideg, emBo&aia, ddntie^, 
ipiTioddTridec, tjvoTidEg, x? va ^ a(Sr0l i TamjTeg, or ap.- 
(piTaTnjTeg. The common name, however, was arpu- 
fiara. They were generally made of cloth, which 
was very thick and woolly either on one or on both 
sides. 1 It is not always easy to distinguish wheth- 
er the ancients, when speaking of nllvai, mean beds 
in our sense of the word, or the couches on which 
they lay at meal-times. We consequently do not 
know whether the descriptive epithets of nTdvai, 
enumerated by Pollux, belong to beds or to couch- 
es. But this matters little, as there was scarcely 
any difference between the beds of the ancients 
and their couches, with this exception, that the lat- 
ter, being made for appearance as well as for com- 
fort, were, on the whole, undoubtedly more splen- 
did and costly than the former. Considering, how- 
ever, that bedsteads were often made of the most 
costly materials, we may reasonably infer that the 
coverings and other ornaments of beds were little 
inferior to those of couches. Notwithstanding the 
splendour and comfort of many Greek beds, the 
Asiatics, who have at all times excelled the Euro 
peans in these kinds of luxuries, said that the Greeks 
did not understand how to make a comfortable bed.* 
The places most celebrated for the manufacture ol 
splendid bed-covers were Miletus, Corinth, and 
Carthage. 3 It appears that the Greeks, though 
they wore nightgowns, did not simply cover them- 
selves with the arpufxara, but wrapped themselves 
up in them. Less wealthy persons continued, ac- 
cording to the ancient custom, to use skins of sheep 
and other animals, especially in winter, as blan- 
kets.* The bedsteads of the poorer classes are des- 
ignated by the names cKipnovc, doKavTijc, and npdS- 
darog, and an exaggerated description of such a bed 
is given by Aristophanes. 5 The words x a \ l ^ )vr l an ^ 
xa/ievviov, which originally signified a bed of straw 
or dry herbs made on the ground, 6 were afterward 
applied to a bed which was only near the ground, 
to distinguish it from the K^lvrj, which was gener 
ally a high bedstead. Xopsvvia were the usual beds 
for slaves, soldiers in the field, and poor citizens, 
and the mattresses used in them were mere mats 
made of rushes or bast. 7 

The beds of the Romans (lecti cubiculares) in the 
earlier periods of the Ptepublic were probably of the 
same description as those used in Greece ; but to- 
wards the end of the Republic and during the Em~ 
pire, when Asiatic luxuries were imported into Italy,. 
the richness and magnificence of the beds of the 
wealthy Romans far surpassed everything we find 
described in Greece. The bedstead was generally 
rather high, so that persons entered the bed (scan~ 
dere, ascendere) by means of steps placed beside it 

1. (Pollux, Onom., vi., 9.)— 2. (Athen., ii., p. 48.— Plut., P*- 
]op., 30.)— 3. (Aristoph., Ran., 410, 542, with the Schol.— Id., 
Lysistr., 732.— Cic. in Verr., i., 34.— Athen., i., p. 27 and 28.) 
-4. (Pollux, Onom., x., 123.— Aristoph., Nub., 10.)— 5. (Plut, 
540, &c. — Compare Lysistr., 916.)— 6. (Theocrit.,iii.,33. — Plut., 
Lycurg., 16.)— 7. (Pollux, 1. c, and vi., 11. — Compare Becker, 
Charikles, ii., p. 114-122.— Pollux, x., 7, 8 ; vi., 1.) 



LEGATUM. 



LEGATUM. 



yscamnum 1 ). It was sometimes made of metal, and 
sometimes of costly kinds of wood, or veneered 
with tortoise-shell or ivory ; its feet (fulcra) were 
frequently of silver or gold. 2 The bed or mattress 
(culcita and torus) rested upon girths or strings (Tes- 
tes, fascia, instiltz, or funes) which connected the 
two horizontal side-posts of the bed. 3 In beds des- 
tined for two persons, the two sides are distinguish- 
ed by different names ; the side at which persons 
entered was open, and bore the name sponda ; the 
other side, which was protected by a board, was 
called pluteus.* The two sides of such a bed are 
also distinguished by the names torus exterior and 
torus interior, or sponda exterior and sponda interi- 
or ; 5 and from these expressions it is not improba- 
ble that such lecti had two beds or mattresses, one 
for each person. Mattresses were in the earlier 
times filled with dry herbs 6 or straw, 7 and such 
beds continued to be used by the poor. But in sub- 
sequent times, wool, and, at a still later period, 
feathers, were used by the wealthy for the beds as 
well as the pillows. 8 The cloth or ticking (operi- 
mentum or involucrum) with which the beds or mat- 
tresses were covered was called toral, torale, lin- 
teum, or segestre. 9 The blankets or counterpanes 
[vestes stragulce, stragula, peristromata, peripetasma- 
ta) were in the houses of wealthy Romans of the 
most costly description, and generally of a purple 
colour (stragula conchylio tincta, peristromata conchyl- 
tata, coccina stragula), and embroidered with beau- 
tiful figures in gold. Covers of this sort were call- 
ed peripetasmata Attalica, because they were said 
to have been first used at the court of Attalus. 10 
The pillows were likewise covered with magnifi- 
cent casings. Whether the ancients had curtains 
to their beds is not mentioned anywhere ; but as 
curtains, or, rather, a kind of canopy (aulcea), were 
used in the lectus tricliniaris 11 for the purpose of 
preventing the dust falling upon the persons lying 
on it, it is not improbable that the same or a simi- 
lar contrivance was used in the lectus cubicularis. 
The lectus genialis or adversus was the bridal bed, 
which stood in the atrium, opposite the janua, 
whence it derived the epithet adversus. 12 (Com- 
pare House, p. 517.) It was generally high, with 
steps by its side, and in later times beautifully 
adorned. 13 

Respecting the lectus funebris, see the articles 
Funus and Lectica. An account of the disposition 
of the couches used at entertainments, and of the 
place which each guest occupied, is given under 
Triclinium. 14 

LE'CUTHI (lijKvdoL). (Vid. Funus, p. 456.) 
LEGA'TIO Ll'BERA. (Vid. Legatus, p. 576.) 
LEGA'TUM, a Legacy, is variously defined by 
the Roman jurists, but there can be no exact defi- 
nition except reference be made to a heres. Un- 
less there is a heres duly instituted, no legacy can 
be given. A legatum, then, is a part of the heredi- 
tas which a testator gives out of it, from the heres 
(ab herede) ; that is, it is a gift to a person out of 
that whole (universum) which is diminished to the 
heres by such gift. Accordingly, the phrase " ab 



1. (Varro, De Ling. Lat., v., 168.— Miiller.— Ovid, Fast., ii., 
JJ9, &c.)— 2. (Plin., xvi., 43.— Mart., xii., 67.— Juv., xi., 94.)— 
8. (Cic, De Div., ii., 65.— Mart., v., 62.— Petron., 97.— Compare 
Ilorat., Epod., xii., 12.— Cato, De Re Rust., c. 10.)— 4. (Isidor., 
ix., 11, p. 629, ed. Lindemann.)— 5. (Ovid, Am., lii., 14, 32.— 
Suet., Jul., 49.)— 6. (Varro, 1. c— Ovid, Fast., i., 200 and 205.) 
—7. (Horat., Sat., II., iii., 117.— Mart., xiv., 100.— Senec, De 
Vit. Beat., c. 25.)-8. (Plin., H. N., viii., 48.— Id. ib., x., 22.— 
Plaut., Mil. Glor., IV., iv., 42.— Cic, Tusc, iii., 19.— Mart., xiv., 
161 and 159.)— 9. (Horat., Sat., II., iv., 84.— Id., Epist., I., v., 
"tZ 11 " ' L c -)~ 10 - (Pirn-* H. N., 1. c— Cic. in Verr., iv., 12 
»nd 26.— Philip., ii., 27.— Mart., ii., 16.)— 11. (Horat., Carm., 
ui., 29, 15.— Id., Sat., ii., 8, 54.)— 12. (Horat., Epist., I., i., 87. 
-Festus, s. v.)— 13. (Gellius, xvi., 9.— Lucan, ii., 35«.— Cic, 
Pro Cluent., c. 5.)— 14. (Becker, Gallus, i., p. 42, <fcc) 



herede legare thus becomes intelligible 1 (" ei testa- 
mento legal. g~andem pecuniam a filio"*). A legatee 
could not be charged with the payment of a legacy 
out of what was given to him, a rule of law which 
was thus expressed : " A legatario legari non po- 
test." A legacy could only be given in the Latin 
language. 

The word "legatum," from the verb lego, con- 
tains the same element as lex. Lego has the sense 
of appointing or disposing of a matter, as in the 
phrase " legatum negotium ;" 3 and it is used in the 
Twelve Tables to express generally a testator's dis- 
position of his property (uti legassit, &c). Ulpian 
accordingly explains the word legatum by referring 
to its etymology, and likening a legatum to a lex, 
properly so called. " A legatum," he says, " is that 
which is left by a testament, legis modo, that is, im- 
perative; for those things which are left precativo 
modo are called fideicommissa."* A legatee was 
named legatarius ; those to whom a thing was given 
jointly (conjunctim) were collegatarii. A legacy 
which was legally valid or good was legatum utile ; 
a void legacy was inutile. A legacy which was 
given absolutely or unconditionally was said to be 
given pure ; one which was given conditionally was 
said to be given sub condicione. The expression 
purum legatum, an unconditional legacy, also oc- 
curs. 5 

Gaius apologizes for treating of legata in that 
part of his institutional work in which he has placed 
it. In the first ninety-six chapters of his second 
book he treats of the acquisition of property in res 
singular, to which class legacies belong. But as 
the matter of legacies is not intelligible without ref- 
erence to the matter of hereditas or universal acqui- 
sition, he places the law of legacies (hcec juris ma- 
teria) immediately after that of hereditas. 

There were four forms in which a legacy could 
be left : per vindicationem, per damnationem, sinen- 
di modo, per praeceptionem. 

A legatum per vindicationem was given in these 
words : " Hominem stichum do, lego," or the words 
might be with reference to the legatee, " Capito, 
sumito, sibi habeto." A legatum per vindicationem 
was so called with reference to the legal means by 
which the legatee asserted his right to the legacy 
against the heres or any possessor, which was by a 
vindieatio or an actio in rem ; for as soon as the he- 
reditatis aditio had taken place, the legatee had the 
quiritarian (ex jure quiritium) ownership of the leg- 
acy. The two schools raised a question as to this, 
Whether, under such circumstances, the legatee ob- 
tained the quiritarian ownership of the thing before 
he had consented to take it. The opinion of the 
Proculiani, who contended for such consent, was 
confirmed by a constitution of Antoninus Pius. It 
was consistent with the nature of the per vindica- 
tionem, that those things only could be so given in 
which the testator had quiritarian ownership : and 
it was also necessary that he should have such 
ownership both at the time of making his will and 
at the time of his death ; otherwise the legacy was 
void (inutile). But there was an exception in re- 
spect of things " qua, pondere, numero, mensura con- 
stant," as wine, oil, corn, and the precious metals in 
the form of coin (pecunia numerata), in regard to 
which it was sufficient if the testator had the quiri 
tarian ownership at the time of his death. This 
was the civil law (jus civile), but it was altered by 
a senatus consultum of the time of Nero, which 
enacted that if a testator left a thing as a legacy 
which had never been his, the legacy should be 
equally good as if it had been left in Ihe form most 



1. (Dig. 30, tit. 1, s. 116.)— 2. (Cic. Pro Cluent., 12.)— 3 
(Plaut., Cas., I., i., 12.)— 1. (Frag., tit. S4.)-5. (Dig. 36, tit. 2, 
s. 5.) 

573 



LEGATUM 



LEGATUM. 



advantageous to the legatee (optimo jure), which 
form was the legatum per damnationem. But if a 
testator gave a thing of his own by his testament 
which he afterward alienated, it was the best opinion 
that the legacy was inutile by the jus civile, and that 
the senatus consultum did not make it good. If the 
same thing was given to more than one person, either 
jointly (conjunctim), so as to make them collegatarii, 
or severally (disjunctim), each took an equal share. 
A legafciim was given conjunctim thus : " Titio et Seio 
hominem stichum do, lego ,•" disjunctim, thus : " Titio 
hominem stichum do, lego ; Seio eundem hominem do, 
lego." If one collegatarius failed to take, his por- 
tion went to the others. In the case of a conditional 
legacy left per vindicationem, the schools were di- 
vided in opinion : the Sabiniani said that it was the 
property of the heres during the pendency of the 
condition ; the Proculiani said that it was " res nul- 
lius." 

The form of the per damnationem was this : " He- 
res meus stichum servum meum dare damnas esto ;" 
but the word dato was equally effective. A thing 
which belonged to another (aliena res) could be thus 
left, and the heres was bound to procure the thing 
for the legatee, or to pay him the value of it. A 
thing not in existence at the date ol the will might 
oe left by this form, as the future p oduce of a fe- 
male slave (ancilla). The legatee did not acquire 
the quiritarian ownership of the legacy by virtue of 
the hereditatis aditio : the thing still remained the 
property of the heres, and the legatee could only 
sue for it by an actio in personam. If it was a 
thing mancipi, the legatee could only acquire the 
quiritarian ownership of it by mancipatio or in jure 
cessio from the heres : if it was merely delivered, 
the legatarius only acquired the complete ownership 
(plenum jus) by usucapion. If the same thing was 
left to two or more conjunctim, each had an equal 
share ; if disjunctim, the heres was bound to give 
the thing to one, and its value to the rest. In the 
case of a gift conjunctim, the share of the legatee 
who failed to take belonged to the hereditas ; but 
the lex Papia made it caducum, and gave it first 
to a collegatarius who had children, then to the 
heredes who had children, and then to the other 
legatees who had children (legatarii), a privilege 
which Juvenal alludes to (dulce caducum 1 ). 

The legatum sinendi modo was thus given : " He- 
res meus damnas esto sinere Lucium Titium hominem 
stichum sumerc sibique habere;" by which form a 
testator could give either his own property or that 
of his heres. As in the case of a legatum per dam- 
nationem, the legatee prosecuted his claim by an 
actio in personam. It was doubted whether the 
heres was bound to transfer the property, in the case 
of a res mancipi, by mancipatio or in jure cessio, 
or, in the case of a thing nee mancipi, by traditio or 
delivery, for the words of the gift are " permit him 
to take." It was also a still more doubtful ques- 
tion (in the time of Gaius), whether, if the same 
thing was given in this way to two severally (dis- 
junctim), the whole was due to each, or if the heres 
was released from all farther claim when either of 
them had obtained possession of the whole with his 
permission. 

The legatum per preeceptionem was in this manner : 
" hucius Titius hominem stichum prcecipito ;" where 
" prfficipito" is the same as " praecipuum sumito," or 
" take first." The Sabiniani were of opinion that a 
legacy could only thus be left to one who was also 
made a heres ; but a senatus consultum Neronia- 
Bum made the legacy good, even if it was thus left 
to an extraneus, that is, to another than the heres, 
provided the legatee was a person to whom a lega- 
cy could be left in any of the three other modes. 



574 



1. (« , 88.) 



For the senatus consultum maae those legacies 
valid which were not valid by the jus civile on ac- 
count of the words of the gift (verborum vitio), but 
not those legacies which were invalid on account 
of the incapacity of the legatee (vitio persona), 
which was the case with a peregrinus. The Sa- 
biniani also maintained that a man could leave in 
this manner only what was his own ; for the only 
way in which the legatee could enforce his right 
was by a judicium familiae erciscundae, in which ju- 
dicium it was necessary that the judex should ad- 
judicate that which was given per praeceptionem, 
and he could adjudicate on nothing else than the 
res hereditaria. But the same senatus consultum 
made a legacy valid which was given in this form, 
even if the thing did not belong to the testator. 
The Proculiani contended that a legacy could be 
given to an extraneus per preeceptionem ;. and, far- 
ther, that if the thing was the testator's ex. jure 
quiritium, it could be sued for (vindicari) by the leg- 
atee, whether he was a heres or not (extraneus) : if 
it was the testator's in bonis, it was a utile legatum 
to the extraneus by the senatus consultum, and the 
heres could obtain it in a judicium familiae erciscun- 
dae. If it did not belong to the testator in either 
way, still the legatum was made utile both to tisc; 
heres and the extraneus by the senatus consultum. 
If the same thing was thus left to more than one 
either disjunctim or conjunctim, each had only his 
share. 

By the law of the Twelve Tables, a man could 
dispose of his property as he pleased, and he might 
exhaust (erogare) the whole hereditas by legacies 
and bequests of freedom to slaves, so as to leave 
the heres nothing. The consequence was, that in 
«uch cases the scripti heredes refused to take the 
hereditas, and there was, of course, an intestacy. 
The first legislative measure on this subject waa 
the lex Furia, called Testamentaria, which did not 
allow a testator to give as a donatio mortis causa or 
as a legacy more than a thousand asses to one per- 
son, certain relatives excepted. 1 But this measure 
was a failure, for it did not prevent a man from 
giving as many several thousands to as many per- 
sons as he pleased, and so exhausting his estate. 
The lex Voconia (B.C. 169) afterward enacted that 
no person should take by way of legacy or donatio 
mortis causa more than the heredes (severally, as it 
seems) ; but this lex was ineffectual ; for, by dis- 
tributing the hereditas among numerous legatees, 
the heres might have so small a portion as not to 
make it worth his while to assume the burdetis at- 
tached to the hereditas. 2 The lex Falcidia (B.C. 
40) at last took away all means of evasion by de- 
claring that a testator should not give more than 
three fourths in legacies, and thus a fourth was se- 
cured to the heres ; and " this law," says Gaius, 
" is now in force." The senatus cons^tum Pegasi- 
anum extended the same rule of law to fideicom- 
missa (vid. Fideicommissa) ; and the Emperor An- 
toninus Pius applied it to the case of fideicommissa 
when there was an intestacy. 5 The lex Falcidia 
applied to the wills of persons who died in captivity 
(apud hostes), for a previous lex Cornelia had given 
to the wills of such persons the same force a& if 
they had died cives (in civitate*). 

Legata were inutilia or void if they were given 
before a heres was instituted by the will, for the 
will derived all its legal efficacy from such institu 
tion ; there was the same rule as to a gift of free- 
dom. It was an inutile legatum, if in form the 
gift was given after the death of tb 3 heres, but it 
might be given on the event of hip death ; it waa 

1. (Gaius, iii., 225.— TJlp., Frag., i., s. 2; xxviii., s. 7.)— 2. 
rGaius, ii., 26.— Cic. in Verr., lib. i., c. 43.)— 3. (Dg 35, tit. 2, 
■• 18.)— 4. (Dig. 35, tit. 2, s. 1.) 



LEGATUM. 



LEGATUS. 



aha inutile if given in form on the day before the 
death of the testator, for which rule of law, says 
Gains, there seems to be no good reason (prctiosa 
'atio). A legatum could not be left in the way of 
a penalty (pxncB nomine), that is, for the purpose 
of compelling the heres to do, or restraining him 
from doing, any particular act. A legacy could not 
be left to an uncertain person (incerta persona). 
The notion of an uncertain person was not of a 
person who could never be ascertained ; for in sev- 
eral of the instances mentioned by Gaius, the person 
or persons would be easily ascertained (for instance, 
" qui post testamentum consules designati erunt") ; 
but the i:otion of the uncertainty was referred to 
the mind of the testator at the time of making his 
testament. Accordingly, the persona was not con- 
sidered incerta where he was one of a certain class, 
such as cognati, though the individual of the class 
might be uncertain till the event happened which 
was to determine who out of the class was intended 
by the testator. Such a form of bequest was called 
a certa demonstratio incertae persona?. 1 A legacy 
could not be left to a postumus alienus, nor could 
such a person be a heres institutus, for he was an 
incerta persona. It has been explained elsewhere 
who is a postumus (vid. Heres, p. 500) : a postu- 
mus alienus is one who, when born, cannot be 
among the sui heredes of the testator. 

It was a question whether a legacy could be le- 
gally (recte) left to a person who was in the power 
of another person who was made heres by the same 
will. The Proculiani denied that such a legacy 
could be left either pure or sub condicione. But if 
a person who was in the power of another was 
made heres, a legacy might be left (ab co legari) to 
the person in whose power he was ; for if such lat : 
ter pel son became heres thereby {per eum), the leg- 
acy was extinguished, because a man cannot owe 
a thing to himself; but if the son was emancipated, 
or the slave was manumitted or transferred to an- 
other, and so the son became heres, or so the slave 
made another person heres, the legacy was due to 
the father or former master. Not only res singulae 
could be given as a legacy, but also a part of a uni- 
versitas of things (universarum rerum) could be so 
»iven ; thus the heres might be directed to share a 
half or any other part of, the hereditas with another, 
which was called partitio. 8 By the jus civile there 
might be a legacy of a ususfructus of those things 
which were capable of being used and enjoyed with- 
out detriment to the things. By a senatus consul- 
turn there might be a legacy of the abusus of those 
things which were consumed in the use, as wine, 
oil, wheat, but the legatarius had to give security 
for the restoration of them when his right to the 
enjoyment ceased. This technical meaning of abu- 
sus, that is, the use of things w 7 hich are consumed 
in the use, is contrasted with ususfructus by Cicero. 3 

A legacy might be transferred to another person, 
or taken away (adimi) by another will or codicilli 
confirmed by a will ; it might also be taken away by 
erasure of the gift from the will. Such a revocation 
of legacies (ademptio legatorum) seems to have been 
only effected in the way mentioned. The expres- 
sion ademption of legacies in English law has a 
different meaning, and in the case of a specific thing 
corresponds to the Roman extinction of legacies, 
which took place if the testator disposed of the 
thing in his lifetime. 

If a legatee died after the day on which the lega- 
tum had become his (post diem legati cedcntem), it 
passed to his heres ; or, to use a phrase of English 
law, the legacy was vested. The phrase "dies le- 

1. (Gaius, ii., 238.)— 2. (Cic, Leg-., ii., 20 ; Pro Caecin., 4.— 
Ulp., Fvag., tit. 24, s. 25.)— 3. (Top., 3.— Ueber das alter des 
*uasi-us isfi ictus, von Puchta. Rheinisches Mus . 1829.) 



gati cedit" accordingly means " the time is come at 
which the legacy belongs to the legatee," though 
the time may not have come when he is entitled to 
receive it; and "dies venit^ denotes the arrival of 
the day on which it can be demanded. 1 If the leg- 
acy was left conditionally, there was no vesting till 
the condition was fulfilled. By the old law, legacies 
which were left unconditionally, or fiom a time 
.named (in diem certum), were vested from the time 
of the testator's death ; but by the lex Papia they 
vested from the time of opening the will. The leg- 
acy might vest immediately on the death of the 
testator, and yet the testator might defer the time 
of payment. 2 A legacy might also be left on a con- 
dition of time only, as a legacy to Titius when or if 
he should attain the age of fourteen years, in which 
case the words when and if were considered equiv 
alent, a decision which has been adopted in English 
law, in cases in which there is nothing in the will 
which gives the words "when" or "if" a different 
signification. 3 

LEGA'TUS. Legati may be divided into three 
classes : 1. Legati or ambassadors sent to Rome by 
foreign nations ; 2. Legati or ambassadors sent 
from Rome to foreign nations and into the provin- 
ces ; 3. Legati who accompanied the Roman gen- 
erals into the field, or the proconsuls and praetors 
into the provinces. 

1. Foreign legati at Rome, from whatever coun- 
try they came, had to go to the Temple of Saturn 
and deposite their names with the quaestors, which 
Plutarch 4 explains as a remnant of an ancient cus- 
tom ; for formerly, says he, the quaestors sent pres- 
ents to all legati, which were called lautia ; and if 
any ambassador was taken ill at Rome, he was in 
the care of the quaestors, who, if he died, had also 
to pay the expenses of his burial from the public 
treasury. When, afterward, the number of foreign 
ambassadors increased, in proportion as the Repub 
lie became extended, the former hospitable custom 
was reduced to the mere formality of depositing the 
name with the keepers of the public treasury. Pre- 
vious to their admission into the city, foreign am- 
bassadors seem to have been obliged to give notice 
from what nation they came and for what purpose ; 
for several instances are mentioned in which am- 
bassadors were prohibited from entering the city, 
especially in case of a war between Rome and the 
state from which they came. 5 In such cases the 
ambassadors were either not heard at all, and 
obliged to quit Italy, 6 or an audience was given to 
them by the senate (senatus legatis datur) outside 
the city, in the Temple of Bellona. 7 This was evi- 
dently a sign of mistrust, but the ambassadors were 
nevertheless treated as public guests, and some 
public villa outside the city was sometimes assigned 
for their reception. In other cases, however, as 
soon as the report of the landing of foreign ambas- 
sadors on the coast of Italy was brought to Rome, 
especially if they were persons of great distinction, 
as the son of Masinissa, 8 or if they came from an 
ally of the Roman people, some one of the inferior 
magistrates, or a legatus of a consul, was despatched 
by the senate to receive and conduct them to the 
city at the expense of the Republic. When they 
were introduced into the senate by the praetor or 
consul, they first explained what thsy had to com 
municate, and then the proctor invited the senators 
to put their questions to the ambassadors. 9 The 
manner in which this questioning was frequently 



1. (Dig-. 50, tit. 16, s. 213.)— 2. (Dig. 36, tit. 3, s. 21.)— 3 
(Dig. 36, tit. 2, s. 5, 22.— Hanson v. Graham, 6 Ves., p. 243.- 
Compare Gaius, 191-245.— Ulp., Frag., tit. xxiv.— Dig. 30, &c. 
— Paulus. S. R., iii., tit. 6.) — 4. (Quoest. Rom., p. 275, B.)— 5 
(Liv., xxx., 21.— Id., xlii., 36.-Id., xlv., 22.)— 6. (Liv., xlii., 
36.)— 7. (Liv., 1. c— Id., xxx., 21.)— 8. (Liv., xlv., 13 ) — 9 
(Liv., xxx., 22.) 

57.1 



1_GATU3. 



LEGUMEN. 



jarried on, especially when the envoys came from 
a state with which the Romans were at war, re- 
sembled more the cross-questioning of a witness in 
a court of justice, than an inquiry made with a view 
to gain a clear understanding of what was proposed. 1 
The whole transaction was carried on by interpret- 
ers, and in the Latin language (Vid. Interpres.) 
Valerius Maximus 2 states that the Greek rhetorician 
Molo, a teacher of Cicero, was the first foreigner 
who ever addressed the Roman senate in his own 
tongue. After the ambassadors had thus been ex- 
amined, they were requested to leave the assembly 
of the senate, who now began to discuss the sub- 
ject brought before them. The result was commu- 
nicated to the ambassadors by the praetor. 3 In 
some cases, ambassadors not only received rich 
presents on their departure, but were, at the com- 
mand of the senate, conducted by a magistrate, and 
at the public expense, to the frontier of Italy, and 
even farther.* By the lex Gabinia it was decreed, 
that from the first of February to the first of March, 
the senate should every day give audience to foreign 
ambassadors. 5 There was at Rome, as Varro 6 ex- 
presses it, a place on the right-hand side of the 
senate-house called Graecostasis, in which foreign 
ambassadors waited. 

All ambassadors, Avhencesoever they came, were 
considered by the Romans throughout the whole 
period of their existence as sacred and inviolable. 7 

2. Legati to foreign nations in the name of the 
Roman Republic were always sent by the senate ;* 
arid to be appointed to such a mission was consid- 
ered a great honour, which was conferred only on 
men of high rank or eminence ; for a Roman am- 
bassador, according to Dionysius, had the powers 
(k^ovaia nal divans) of a magistrate and the vener- 
able character or" a priest. If a Roman, during the 
performance of his mission as ambassador, died or 
was killed, his memory was honoured by the Re- 
public with a public sepulchre and a statue in the 
Rostra. 9 The expenses during the journey of an 
ambassador were, of course, paid by the Republic ; 
and when he travelled through a province, the 
provincials had to supply him with everything he 
wanted. 

3. The third class of legati, to whom the name 
of ambassadors cannot be applied, were persons 
who accompanied the Roman generals on their ex- 
peditions, and in later times the governors of prov- 
inces also. Legati, as serving under the consuls in 
the Roman armies, are mentioned along with the 
tribunes at a very early period. 10 These legati were 
nominated (legabantur) by the consul or the dictator 
under whom they served, 11 but the sanction of the 
senate (senatus consultum) was an essential point, 
without which no one could be legally considered a 
legatus ; la and from Livy 13 it appears that the nomi- 
nation by the magistrates (consul, prastor, or dicta- 
tor) did not take place until they had been authorized 
by a decree of the senate. The persons appointed 
to this office were usually men of great military 
talents, and it was their duty to advise and assist 
iheir superior in all his undertakings, and to act in 
his stead both in civil and military affairs. 14 The 
legati were thus always men in whom the consul 
placed great confidence, and were frequently his 
friends or relatives ; but they had no power inde- 

1. (Liv., 1. c, with tho note of Gronovius.) — 2. (ii., 2, I) 3.) — 
3. (Liv., viii., 1.)— 4. (Liv., xlv., 14.)— 5. (Cic. ad Quint. Fr., 
ji., 11, 12. — Id., ad Fam., i., 4.) — 6. (De Ling. Lat., v., 155, 
Muller.) — 7. (Cic. in Verr., i., 33. — Dionys. Hal., Ant. Rom., 
xi., p. 706.— Tacit., Ann., i., 42.— Liv., xxi., 10.— Dig. 50, tit. 7, 
». 17.)— 8. (Cic. in Vatin., 15.)— 9. (Liv., iv., 17.— Cic, Philip., 
ix., 1.)— 10. (Liv., ii., 59.— Id., iv., 17.)— 11. (Sallust, Jug., 28. 
—Cic. ad Att., xv., 11. — Id., ad Fam., vi., 6.— Id., Pro Leg. Ma- 
nil., 19.)— 12. (Cic. in Vatin., 1. c— Id., Pro Sext., 14.)— 13. 
fxlii:.. 1.— Compare xliv., 18.)— 14. (Varro, De Ling. Lat., v., 
«7. Muller.) 

576 



pendent of the command of their general. 1 Thei? 
number varied according to the greatness or impor- 
tance of the war, or the extent of the province ; 
three is the smallest number we know of, but Pom- 
pey, when in Asia, had fifteen legati. "Whenever 
the consuls were absent from the army, or when a 
proconsul left his province, the legati, or one of them, 
took his place, and then had the insignia as well an 
the power of his superior. He was in this case 
called legatus pro praetore, 8 and hence we sometimes 
read that a man governed a province as legatus 
without any mention being made of the proconsul 
whose vicegerent he was. 3 During the latter pe- 
riod of the Republic, it sometimes happened that a 
consul carried on a war, or a proconsul governed 
his province through his legati, while he himself 
remained at Rome, or conducted some other more 
urgent affairs. 

When the provinces were divided at the time of 
the Empire (vid. Provincia), those of the Roman 
people were governed by men who had either been 
consuls or praetors, and the former were always ac- 
companied by three legati, the latter by one. 4 The 
provinces of the emperor, who was himself the pro- 
consul, were governed by persons whom the em- 
peror himself appointed, and who had been consuls 
or praetors, or were at least senators. These vice- 
gerents of the emperor were called legati augusii 
pro prcetore, legati pratorii, legati consular es, of sim- 
ply legati, and they, like the governors of the pro- 
vinciae populi Romani, had one or three legati as 
their assistants.* 

During the latter period of the Republic, it had 
become customary for senators to obtain from the 
senate the permission to travel through or stay in 
any province at the expense of the provincia]?. 
merely for the purpose of managing and conducts \\ 
their own personal affairs. There was no restraint 
as to the length of time the senators were allowed 
to avail themselves of th;s privilege, which was a 
heavy burden upon the pnjvineials. This mode of 
sojourning in a province was called legatio libera, 
because those who availed themselves of it enjoyed 
all the privileges of a public legatus or ambassador, 
without having any of his duties to perform. At 
the time of Cicero, the privilege of legatio libera 
was abused to a very great extent. Cicero, there- 
fore, in his consulship, endeavoured to put an end 
to it, but, owing to the opposition of a tribune, he 
only succeeded in limiting the time of its duration 
to one year. 6 Julius Caesar afterward extended the 
time during which a senator might avail himself of 
legatio libera to five years, 7 and this law of Caesar 
(lex Julia) seems to have remained in force down 
to a very late period. 8 
LEGES. (Vid. Lex.) 
LEGIO. (Vid. Army, Roman.) 
LEGIS ACTIO. (Vid. Actio, p. 16.) 
LEGIS AQULLLE ACTIO. (Vid. Damni Inju- 
ria Actio.) 
LEGFTIMA ACTIO. (Vid. Actio, p. 16.) 
LEGI'TIMA HERE'DITAS. (Vid. Heres, Ro 
man, p. 497, 499.) 

*LEGU'MEN, a general name among the Romans 
for Pulse, of which beans were esteemed the prin- 
cipal sort. The term is derived from lego, " to 
gather," because pulse are gathered by hand, and 
not reaped. 9 

1. (C_;s., De Bell. Civ., ii., 17. — Id. ib., iii., 51. — Appian, 
Bell. Civ.,i., 38.)— 2. (Liv., xxix., 9.— Lydus, De Mag., iii., 3. 
— Cjbs., De Bell. Gall., i., 21.)— 3. (Sallust, Cat., 42.)— 4. (Dion 
Cass., liii., 13.— Dig. 1, tit. 16.)— 5. (Strabo, iii., p. 352.— Com 
pare Dig. 1, tit. 18, s. 7.— Tacit., Ann., xii., 59.— Id,, Agric, c. 
7. — Spanheim, De Usu et Prastant. Numism., ii., p. 595.)— 6 
(Cic, De Leg., iii., 8.— Id., De Leg. Agr., i., 3.— Id., Pro Flacc. 
34.— Id., Philip., i., 2.)— 7. (Cic. ad Att., xv., 11.)— 8. (Suet, 
Tib., 31.— Dig. 50, tit. 7. t. 14.)— 9. (Martyn ad Virg., Gectg 
i., 74.) 



LEITOURGIA 



LEMNIA TERRA. 



•LEIMO'NIUM {leifjLoviov), a plant, which Mat- 
hiolus and most of the early commentators make 
to have been the Statice Limonium, or Sea Laven- 
der. Sprengel, however, follows Gesner in refer- 
ring it to the Polygonum Bistorta, or Snakeweed. 1 

*LEIOB'ATOS (%etu6a.Toc), a species of Raia or 
Skate. Artedi calls it Raia varia ; Coray, Raie 
miralet* 

AEinOMAPTTPIOY AIKH (IzinoiiapTvpiov 61- 
ktj). (Vid. Marturia.) 

AEinONATTJOT rPA<l>H (XenrovavTiov ypa<j>r/). 
The indictment for desertion from the fleet was 
preferred before the tribunal of the strategi ; and 
the court which, under their superintendence, sat 
for the trial of this and similar military offences, 
was composed of citizens who had been engaged in 
the expedition in question. 3 The penalty upon con- 
viction seems to have been a fine, and the complete 
disfranchisement of the offender and his descend- 
ants.* 

AEI1IOSTPATIOT TPA^H (XenronrpaTiov ypa- 
d>7/). The circumstances of the trial for desertion 
from the army, and the penalties inflicted upon con- 
viction, were the same as in the case of desertion 
from the fleet {vid. AEinONATTlOT TPA^H), and 
the offence was also punishable by an eisangelia, 
which, Heraldus suggests, would be frequently 
adopted when the accuser was solicitous to impose 
silence upon a political opponent by procuring his 
disfranchisement, as this was a necessary conse- 
quence of judgment being given against the defend- 
ant, and prevented his speaking or appearing in 
public. The eisangelia in such case would be pre- 
ferred before the assembly of the people, by which, 
if reasonable cause appeared, it would be submitted 
to the decision of one of the ordinary legal tribunals? 

AEinOTASIOT TPA$H (lenrorafrov ypafyrj). 

(Vid. ASTRATEIAS GRAPHE.) 

LEITOUR'GIA (Xeirovpyta, from Xelrov, Ion. 
"kriirov, i. e., dn/uoGtov, or, according to others, npv- 
ravelov) is the name of certain personal services 
which, at Athens and in some other Greek repub- 
lics, every citizen who possessed a certain amount 
of property had to perform towards the state. These 
personal services, which in all cases were connect- 
ed with considerable expenses, occur in the history 
of Attica as early as the time of the Peisistratids, 6 
and were probably, if not introduced, at least sanc- 
tioned by the legislation of Solon. They were at 
first a natural consequence of the greater political 
privileges enjoyed by the wealthy, who, in return, 
had also to perform heavier duties towards the Re- 
public ; but when the Athenian democracy was at 
its height, the original character of these liturgies 
became changed ; for, as every citizen now enjoyed 
the same rights and privileges as the wealthiest, 
they were simply a tax upon property connected 
with personal labour and exertion (rolg xPW a(Tt KaL 
tg) acofiart XsiTovpyetv). Notwithstanding this al- 
tered character of the liturgies, we scarcely ever 
find that complaints were made by persons subject 
to them ; many wealthy Athenians, on the contra- 
ry, ruined their estates by their ambitious exertions, 
and by the desire to gain the favour of the people. 7 
To do no more than the law required (a<poaiowdai s ) 
was at Athens considered as a disgrace, and in 
some cases a wealthy Athenian, even when it was 
not his turn, would volunteer to perform a liturgy. 9 

1. (Dioscor., iv., 16.— Adams, Append., s. v.)— 2. (Adams, 
Append., s. v.)— 3. (Meier, Att. Process, 108, 133.)— 4. (Petit, 
Leg. Att., 401, 667 )• > r . (Herald., Animadv. in Salmas., p. 242.) 
— «. (Anstot., CEconom., fa.. 5.)— 7. (Xen., De Rep. Ath., i., 13. 
—Demosth., c. Euerg., p. 1155.— Compare Lys., Pro bon. Alcib., 
p. 646 and 657.— Isocrat., "De Big., 15.— Aristot., Polit., v., 7, p. 
173, ed. Gottling.)— 8. (Laus, De Apollod., c. 38.)— 9. (De- 
mosth., c. Meid., p. 519, 566, &«— Compare Bockh Publ. Econ. 
«>f Athens, ii., p 202.) 

* n 



All liturgies may be divided into two classes : 1, 
( rdinary or encyclic liturgies (bynvKXtot TiZtrovpyiat, 1 ), 
and, 2, extraordinary liturgies. The former were 
called encyclic, because they recurred every year at 
certain festive seasons, and comprised the x°pwyi<h 
yvfivaGiapxia,, lafj.ira6apxla, apxtdeupia, and koriaois, 
which are all described in separate articles. (Vid. 
Choragus, Gymnasium, p. 483 ; Lampadephoria, 
Theoria, Hestiasis.) Every Athenian who pos- 
sessed three talents and above was subject to 
them,' and they were undertaken in turns by the 
members of everj tribe who possessed the property 
qualification just mentioned, unless some one vol- 
unteered to undertake a liturgy for another person. 
But the law did not allow any one to be compelled 
to undertake more than one liturgy at a time, 3 and 
he who had in one year performed a liturgy, was 
free for the next (kvtavrbv diaknruv ekclotoc 'Kzirovp ■ 
ycf 4 ), so that legally a person had to perform a litur- 
gy cnty every other year. Those whose turn it 
was to undertake any of the ordinary liturgies, were 
always appointed by their own tribe, 5 or, in other 
words, by the zmjxzlriTal rtiv <bv\uv, 6 and the tribe 
shared praise as well as blame with its \znovpybq. 

The persons who were exempt from all kinds of 
liturgies were the nine archons, heiresses, and or- 
phans, until after the commencement of the second 
year of their coming of age. 7 Sometimes the ex- 
emption from liturgies (arzlzia) was granted to 
persons for especial merits towards the Republic* 

The only kind of extraordinary liturgy to which 
the name is properly applied is the trierarchy (rpc- 
Tjpapxt-a) ; in earlier times, however, the service in 
the armies was in reality no more than an extraor- 
dinary liturgy. (Vid. Eisphora and Trierarchia.) 
In later times, during and after the Peloponnesian 
war, when the expenses of a liturgy were found too 
heavy for one person, we find that in many instan- 
ces two persons combined to defray the expenses 
of a liturgy (avvrzlzia). Such was the case with 
the choragia and the trierarchy. 9 

Liturgies in regard to the persons by whom they 
were performed were also divided into Izirovpyiat 
TtoliTLnai, such as were incumbent upon citizens, 
and "kzirovpyiai ruv /iztoIkov. 10 The only liturgies 
which are mentioned as having been performed by 
the fieroiKoi, are the choregia at the festival of the 
Lensea, 11 and the ecTiacric, 1 * to which may be added 
the hydriaphoria and skiadephoria. (Vid. Hydri- 
aphoria.) 

That liturgies were not peculiar to Athens has 
been shown by Bockh, 13 for choregia and other litur- 
gies are mentioned at Siphnos; 1 * choregia in^Egina 
even before the Persian wars ; 15 in Mytilene during 
the Peloponnesian war ; 16 at Thebes in the time of 
Epaminondas ; 17 at Orchomenos, in Rhodes, and in 
several towns of Asia Minor. 18 

*LEMNIA TERRA (Kr^via yrj), Lemnian earth 
" There were among the ancients," observes Sii 
John Hill, 19 " two Earths of Lemnos, well known 
and in common use, though applied to different pur- 
poses : these distinctions have been since lost, and 
that loss has caused us a great deal of confusion. 
These two we distinguish by the names of Terra 

1. (Demosth., c. Lept., p. 463.) — 2. (Demosth., c. Aphob., p. 
833. — Isaeus, De Pyrrh. hsered., c. 80.)— 3. (Demos^, c Lept., 
p. 462.— Id., c. Polyclet., p. 1209.)— 4. (Demosth., c. Lept., p 
459.)— 5. (Demosth., c. Meid., p. 510, 519.) — 6. (Tittmann, 
Gnech. Staatsv., p. 296, &c. — Bockh, Publ. Econ., &c, i., p. 
211.) — 7. (Lys'as, c. Diogeit., p. 908. — Demosth., De Symmor., 
p. 182.) — 8. \ Demosth., c. Lept., p. 466, &c.) — 9. (Hermann, 
Poht. Ant., () 161, n. 12 and 13.) — 10. (Demosth., c. Lept., p. 
462.)— 11. (Schol. ad Aristoph., Plut., 954.)— 12. (Ulpian ad De- 
mosth., Lept., f> 15.)— 13. (Publ. Econ., &c, ii., p. 4. &c.) — 14 
(Isocrat., JE<ri et., c. 17.)— 15. (Herod., v., 83.) — 16. (Antiph., 
De C;ed. Herod., p. 744.) — 17. (Plut., Aristid., 1.) — 18. (Com- 
pare Wolf, Prolegom. in Demosth., Lept., p. lxxxvi., dec— 
Wachsmuth, II., i., p. 130, &c.)— 19. (ad Theophrast., De L*> 
pid., c. 93.) 

577 



LEMNISCUS. 



LEO. 



Lemnia and Rubrica Lemma, or yrj Anfivla and [ill- 
rog Avfivia, the Lemnian Earth and Lemnian Red- 
dle. The latter of these was used by painters as it 
was taken out of the pit : the former was made into 
cakes, and sealed with great ceremony, and was in 
very high esteem in medicine. The great occasion 
of the errors about the Lemnian earths is the mis- 
take of Pliny in confounding them together, as he 
evidently has done, not distinguishing the medicinal 
sealed earth of that island from the reddle used by 
painters. The sealed earth was esteemed sacred, 
and the priests alone were allowed to meddle with 
it. They mixed it with goat's blood, and made the 
impression of a seal upon it. The Rubrica Lemnia, 
on the other hand, was a kind of reddle of firm con- 
sistence and deep red colour, dug in the same isl- 
and, and never made into any form or sealed, but 
purchased in the rough glebes by artificers of many 
kinds, who used it in colouring." The Lemnian 
earth was a fat, unctuous clay, of a pale red colour. 
It is sometimes called Lemnium sigillum. A com- 
mon Greek name for it is oqpayic, in allusion to its 
having been sealed, whence the sphragide of Jame- 
son. The stamp before the time of Dioscorides 
was the figure of a goat ; afterward, in Galen's 
time, with the image of Diana. Of late years it 
has beenstamped with the seal of the Turkish Em- 
pire. It acts as an astringent, but was much more 
frequently used in former days as a medicine than 
at the present day. 1 

*LEMNA (Tiifiva), a plant, which Stackhouse 
conjectures was the Lemna trisulca, but Sprengel 
the Marsilea quadrifolia. 2 

LEMNISCUS (tyfiviaicoc). This word is said to 
have originally been used only by the Syracusans. 3 
It signified a kind of coloured riband, which hung 
clown from crowns or diadems at the back part of 
the head.* The earliest crowns are said to have 
consisted of wool, so that we have to conceive the 
lemniscus as a riband wound around the wool in 
such a manner that the two ends of the riband, 
where they met, were allowed to hang down. See 
the representations of the corona obsidionalis and 
civica in p. 310, where the lemnisci not only appear 
as a means to keep the little branches of the crowns 
together, but also serve as an ornament. From the 
remark of Servius, 5 it appears that coronae adorned 
with lemnisci were a greater distinction than those 
without them. This serves to explain an expres- 
sion of Cicero 6 (palma lemniscala), where palma 
means a victory, and the epithet lemniscata indi- 
cates the contrary of infamis, and, at the same time, 
implies an honourable as well as a lucrative victory. 7 

It seems that lemnisci were also worn alone, and 
wathout being connected with crowns, especially by 
ladies, as an ornament for the head. 8 To show 
honour and admiration for a person, flowers, gar- 
lands, and lemnisci were sometimes showered upon 
(him while he walked in public. 9 

LeiMiisci seem originally to have been made of 
wool, .aiad afterward of the finest kinds of bast (phi- 
ityrce l0 d ; but, during the latter period of the Repub- 
lic, .the wealthy Crassus not only made the foliage 
©ir .leaves of crowns of thin sheets of gold and sil- 
ver, but -the lemnisci likewise ; and P. Claudius 
Raicher ^Embellished the metal-lemnisci with works 
of art in relief and with inscriptions. 11 

'The woM lemniscus is used by medical writers 
in £he signification of a kind of liniment applied to 
wounds. 1,2 

l l. t (A(laras,.^Lppem(3., s. v.) — 2. (Theophrast., II. P., iv., 10. — 
Adams, Append. ,.s. v.) — 3. (Hcsych., s. v.) — 4. (Festus, s. v.) — 
$. (ad JEn., (v., .259./)— 8. (Pro Rose. Am., c. 35.)— 7. (Compare 
Auson., Epist, xx.,5.)—8. (Plin., H. N., xxi., 3.)— 9. (Casau- 
bon ad Suet-, Ner., 25..— Liv., xxxiii., 19.) — 10. (Plin., H. N., 
»y,, 14.)— rll- (Plin,, 1L N., xxi., 3.)— 12. (Celsus, vii., 28.— 
V e j?et., De Re Yeter., ir\, 14 and 48.— Id. ib., iii., 18.) 
£7.6 



LEMURA'LIA or LEMU'RIA, a festival lot lbs 
souls of the departed, which was celebrated at Rome 
every year in the month of May. It was said to 
have been instituted by Romulus to appease the 
spirit of Remus, whom he had slain, 1 and to have 
been called originally Remuria. It was celebrated 
at night and in silence, and during three alternate 
days, that is, on the ninth, eleventh, and thirteenth 
of May. During this season the temples of the gods 
were closed, and it was thought unlucky for women 
to marry at this time, and during the whole month 
of May, and those who ventured to marry were be 
lieved to die soon after, whence the proverb, mensc 
Maio mala nubent. Those who celebrated the Lem- 
uralia walked barefooted, washed their hands three 
times, and threw nine times black beans behind 
their backs, believing by this ceremony to secure 
themselves against the Lemures. 2 As regards the 
solemnities on each of the three days, we onl> 
know that on the second there were games in the 
circus in honour of Mars, 3 and that on the third day 
the images of the thirty Argei, made of rushes, were 
thrown from the Pons Sublicius into the Tiber by 
the vestal virgins.* (Compare Argei.) On the 
same day there was a festival of the merchants 
(festum mercatorum 5 }, probably because on this day 
the Temple of Mercury had been dedicated in the 
year 495 B.C. 6 On this occasion, the merchants 
offered up incense, and, by means of a laurel-branch, 
sprinkled themselves and their goods with water 
from the well of Mercury at the Porta Capena, ho- 
ping thereby to make their business prosper. 

LEN^EA. (Vid. Dionysia, p. 364.) 

LENOS. (Vid. Torccjlar.) 

*LEO (teov), the Lion, or Felis leo, L. " Cuvier 
has, with much learning and research, accumulated 
instances of lions in parts where they are no longer 
indigenous, and of their former great abundance m 
countries where they are now but partially known. 
4 It is true,' says he, ' that the species has disap- 
peared from a great number of places where it was 
formerly found, and that it has diminished in an ex- 
traordinary degree everywhere.' Herodotus relates 
that the camels which carried the baggage of the 
army of Xerxes were attacked by lions in the 
country of the Paeonians and Crestonaeans, in Ma- 
cedonia ; and also, that there were many lions in 
the mountains between the river Nestus in Thrace, 
and the Achelous, which separates Aearnania from 
^Etolia. Aristotle repeats the same as a fact in his 
time. Pausanias, who also relates the accident 
which befell the camels of Xerxes, says farther, 
that these lions often descended into the plains at 
the foot of Olympus, between Macedonia and Thes- 
saly. If we except some countries between India 
and Persia, and some parts of Arabia, lions are now 
very rare in Asia. Anciently they were common. 
Besides those of Syria, often mentioned in Scrip- 
ture, Armenia was pestered with them, according 
to Oppian. Apollonius of Tyana saw, near Baby- 
lon, a lioness with eight young ; and in his time 
they were common between the Hyphasis and the 
Ganges. .'Elian mentions the Indian lions which 
were trained for the chase, remarkable for their 
magnitude and the blackish tints of their fur. That 
the species has become rare, in comparison with 
former times, even where it is now most abundant, 
may be sufficiently inferred from the accounts given 
by Pliny. This writer informs us that Sylla caus- 
ed one hundred lions to engage together for the 
amusement of the people ; Pompey exhibited six 
hundred in the circus, and Caesar, when dictator. 



1. (Ovid, Fast., v., 473, &c.) — 2. (Varro, Vita. pop. Rom. 
Fragm., p. 241, ed. Bipont. — Servius ad^En., i., 276.) — 3. (Ovid, 
Fast., v., 597.)— 4. (Ovid, Fast., v., 621.— Festus, s. v. Dopant*, 
ni.)— 5. (Ovid, Fast., v., 670, &c.)— 6. (Liv , ii., 21 > 






LERfoEA. 



l£X. 



four hundred. The same abundance continued, 
also, under the first emperors. Adrian often de- 
stroyed one hundred in the circus ; Antoninus, on 
one occasion, one hundred ; and Marcus Aurelius 
the like number on another. The latter exhibition 
Eutropius considers as particularly magnificent, 
whence Cuvier infers that the number of the spe- 
cies was then diminishing, though Gordian the Third 
had seventy which were trained ; and Probus, who 
possessed a most extensive menagerie, had one 
hundred of either sex." 1 

•II. A sea-animal of the class Crustacea, descri- 
bed by Athenasus and Pliny. It is a species of Lo- 
custa or Crab. Aldrovandus holds that the \eov of 
^Elian is the same as the Elcphantus of Pliny, i. e., 
the Craw-fish. The name is also applied by ./Elian 
and Oppian to a cetaceous fish. (VvL III.) 2 

•III. A cetaceous fish briefly noticed by Oppian 
and others. 3 

LEONIDEI'A (Aeovideia) were solemnities cel- 
ebrated every year at Sparta in honour of Leonidas, 
who, with his 300 Spartans, had fallen at Thermop- 
ylae. Opposite the theatre at Sparta there were two 
sepulchral monuments, one of Pausanias and an- 
other of Leonidas, and here a funeral oration was 
spoken every year, and a contest was held, in which 
none but Spartans were allowed to take part. 4 

*LEONTOPET'ALON (AeovroTreraAov), a plant 
which Dodonaeus and Adams refer to the Leonticc 
Leontopetalum, although Sprengel is not quite satis- 
fied upon this point. 5 

*LEONTOPOD'ION (Aeovro-d&ov), a plant which 
Matthiolus (whom Sprengel follows) holds to be the 
species of Cudweed called Gnaphalium Leontopo- 
diutn. 6 

*LEOPARDUS ( ?,eoTzap8oc , T^EoizapdaXog ), the 
Leopard, or Felis Leopardus. Galen distinguishes 
the "keo-rzapSoc from the Trdpda?ac, applying the latter 
term most probably, as Adams thinks, to the Ounce. 
He is the only Greek writer who uses the word 
7,EOT:ap6oc. For farther remarks on this subject, 
consult article Pardalis. 7 

*LEPAS (keiraq), " the name of a shellfish noti- 
ced by Aristotle, Xenocrates, Athenasus, and others. 
It is translated Patella by Gaza, and Gesner says it 
is the Limpet of the English, which belongs to the 
genus Patella, L. Pennant and Schneider agree in 
referring the Xeirde dypta of Aristotle to the Haliotis 
tuberculata, L., called in English the Ear-shell." 8 

*LEPIDTUM (toiridiov), the Lcpidium latifolium, 
or broad-leaved Pepperwort. 9 

*LEPIS fame). " Celsus," observes Adams, 
" writes thus : ' Squamam aris quam Graeci Xerrtda 
\a\nov vocant.' This, according to Dr. Milligan, 
was the peroxyde of copper. The Iettic otSfjpov 
of Dioscorides and Paul of JEgina was a black ox- 
yde of iron. According to Dr. Milward, the crro/zw- 
(ia was the Chalybs, or ferrum purgatius of the Lat- 
ins, i. e., hardened or purified iron or steel. Tral- 
ian is the first medical author who mentions it." 10 

LEPTA. (Vid. JEs, p. 30.) 

LE'RIA. (Vid. Limbus, Tunica.) 

LERNiEA (Aspvala) were mysteries (teIettj) 
celebrated at Lerna, in Argolis, in honour of Deme- 
ter. u They w T ere said to have been instituted by 
Philammon. 18 In ancient times, the Argives car- 
ried the fire from the Temple of Artemis Pyronia, 
on Mount Crathis, to the Lernaea. 18 These myster- 

1. (Griffith's Cuvier, vol. ii., p. 435, &c— Herod., vii., 126.— 
Arintot., H. A., vi., 28.) — 2. (Plin., II. N., ix., 31.— JElian, 
N. A., xiv., 9. — Adams, Append., s. v.) — 3. (Oppian, i., 367.) — 
4. (Paus., iii., 14, t) 1.) — 5. (Dioscor. iii., 100. — Adams, Ap- 
pend., s. v.) — 6. (Dioscor., iv.. 129.) — 7 (Adams, Append., s. v.) 
— 8. (Aristot., H. A., iv., 4. — Coray ad Xenocr., p. 158. — Ad- 
ams, Append., s. v.)— 9. (Dioscor., ii., 205.)— 10. (Celsus, ii., 12. 
—Dioscorides, v., 89. — Paul. iEgin., vii., 3. — Adams, Append., 
b. v.)— 11. (Paus., ii., 36 t> 7.)— 12. (Paus., ii , 37, t> 3.)— 13. 
tPaus., viii, 15, $ 4.1 



ies were probably a remnant of the ancient religion 
of the Pelasgians, but farther particulars are not 
known. 

*LEUCACANTHA (XevKuicavda), a plant belong- 
ing to the Thistle tribe. Stackhouse supposes it to 
be the Onopordium acanthium, or Cotton-thistle. 
Sprengel prefers the Cirsmm tuberosum, All. Bau- 
hin calls it Spina alba. 1 

*LEUCAS (TiEVKug), according to Bauhin, th»3 
Lamium maculatum, or spotted Dead-nettle. Spren- 
gel adopts this opinion in his edition of Dioscorides, 
although, in his history of Botany, he had set it 
down for the L. album. 2 

*LEUCE (kEi'KTj), the White Poplar, or Populus 
alba. It is the axepatc of Homer. 3 

*LEUCOION (Xevkolov), a plant mentioned by 
Theophrastus, Dioscorides, and others. "The 2eu- 
kolov of Theophrastus may be confidently set down," 
says Adams, " as the Stockgilly-flower, or Leucoi- 
um vernum. Matthiolus shows satisfactorily that 
the \evkolov of Dioscorides is the Ckeiranthus Chei- 
ri, L., or wild Wall- flower; to which Sprengel adds, 
that the Matthiolce incance, R. Br., is also compre- 
hended under it. Wall-flower grows plentifully 
near Athens, and in the southern part of the Morea, 
according to Sibthorp. The Ievkolov Trop<j>vp£ov of 
Dioscorides is held by Sibthorp to be the Ckeiran- 
thus incanus, and the A. tiaAuooiov the C. tricuspi- 
datus.'' , * 

LEX. Lex is thus defined by Papinian : 5 " Lex 
est commune praceptum, virorum prudentium consult- 
um, delictorum, qua sponle vel ignorantia contrahun- 
tur, coercitio, communis reipublicce sponsion Cicero 6 
defines it thus : " Qua scripto sancit quod vult, aut 
jubendo, aut vetando." The fault of these defini- 
tions consists in their referring to the object of a 
lex, which is an accident, rather thwn to that which 
constitutes the essential character of a lex. A law 
is a rule or command of the sovereign power in a 
state addressed to and enforced upon the members 
of such state ; and this is the sense of lex in the 
Roman writers. 

In the Institutes 7 there is a definition of a lex, 
which approaches nearer to the truth, because it 
has a more direct reference to that power which is 
the source of law : " Lex est quod populus Romanus 
senatorio magistratu interrogante, veluti consule, con- 
stituebat. ,, The definition of Capito 8 is " Generale 
jussum populi aut plebis rogante magistratu ;" but 
this definition, as Gellius observes, will not apply 
to such cases as the lex about the imperium of 
Pompey, or that about the return of Cicero, which 
related only to individuals, and were therefore prop- 
erly called privilegia. 

Of Roman leges, viewed with reference to the 
mode of enactment, there were properly two kinds, 
leges curiatas and leges centuriatae. Plebiscita are 
improperly called leges, though they were laws, and 
in the course of time had the same effect as leges. 

Originally the leges curiatae were the only leges, 
and they were passed by the populus in the comitia 
curiata. After the establishment of the comitia 
centuriata, the comitia curiata fell almost into dis- 
use ; but so long as the Republic lasted, and even 
under Augustus, a shadow of the old constitution 
was preserved in the formal conferring of the impe- 
rium by a lex curiata only, and in the ceremony 
of adrogation being effected only in these comitia. 
(Vid. Adoption.) 

Those leges, properly so called, with which we 
are acquainted, were passed in the comitia centu- 



1. (Theophrast., H. P., vi., 4. — Dioscor., iii., 19. — Adams, 
Append., s. v.) — 2. (Dioscor., iii., 103. — Adams, Append., s. v.)— 
3. (Theophrast., II. P., i., 10.— Dioscor., i., 109.)— 4. (Di'iscor., 
iii., 128. — Theophrast., II. P., vii., 13. — Adams, Append, s. v.J 
— 5. (Dig. 1, tit. 3, s. 1.)— 6. (Leg., i., 6.)— 7. (»., tit 2, g 4 >_. 
8. (Gell., x., 20.) 

570 



LEX. 



LEX. 



nata, and were proposed (rogabantur) by a magis- 
trates of senatorial rank, after the senate had ap- 
proved of them by a decretum. Such a lex was 
also designated by the name populi scitum. 1 

A plebiscitum was a law made in the comitia 
tributa on the rogation of a tribune : " Plebiscitum 
est quod plebs plebeio magistraiu interrogate, veluti 
tribuno, constituebat." 2 "Accordingly," says Gai- 
us, 3 " formerly the patricii used to say that they 
were not bound by plebiscita, because they were 
made without their sanction (sine auctoritate eorum) ; 
but afterward the lex Hortensia was carried (B.C. 
288), which provided that plebiscita should bind the 
whole populus (in the larger sense of the word), and 
thus they were made of equal force with leges." 4 

Consistently with this statement, we find that 
Cicero, in his enumeration of the sources of Roman 
law, 5 does not mention plebiscita, which he un- 
doubtedly comprehended under "leges." Various 
plebiscita also are quoted as leges, such as the lex 
Falcidia 6 and lex Aquilia. 7 In the Table of Hera- 
clea, the words " lege plebisvescito" appear to refer 
to the same enactment ; and in the lex Rubria there 
occurs the phrase " ex lege Rubria sive id plebisve- 
scitum est;" both which expressions are probably 
only a way of designating a plebiscitum. 8 

The word rogatio (from the verb rogo) properly 
means any measure proposed to the legislative body, 
and therefore is equally applicable to a proposed lex 
and a proposed plebiscitum. Accordingly, there oc- 
cur the expressions " populum rogare," to propose 
a lex to the populus ; and " legem rogare," to pro- 
pose a lex. 9 A rogatio, then, is properly a proposed 
lex or a proposed plebiscitum. The form of a ro- 
gatio, in the case of adrogatio, which was effected 
at the comitia curiata, 10 is preserved by Gellius : n it 
begins with the words " Velitis, jubeatis," &c, and 
ends with the words " ita vos Quirites rogo." The 
corresponding expression of assent to the rogatio on 
the part of the sovereign assembly was Uti rogas. 
The term rogatio, therefore, included every proposed 
lex, plebiscitum, and privilegium, for without a ro- 
gatio there could be no command (jussum) of the 
populus or plebs. But the words lex, plebiscitum, 
and privilegium were often improperly used as equiv- 
alents ; and rogationes, after they had become laws, 
were still sometimes called rogationes. 13 The term 
rogationes is often applied to measures proposed by 
the tribunes, and afterward made plebiscita : hence 
some writers (improperly) view rogatio as simply 
equivalent to plebiscitum. Besides the phrase "ro- 
gare legem," there are the equivalent phrases " le- 
gem ferre" and "rogationem promulgare," as ap- 
plied to the proposer ; the phrase " rogationem ac- 
cipere" applies to the enacting body. " Lex roga- 
ta" is equivalent to " lex Lata." 13 The terms rela- 
ting to legislation are thus explained by Ulpian : 14 
H A lex is said either rogari or ferri; it is said ab- 
rogari when it is repealed ; it is said derogari when 
a part is repealed ; it is said subrogari when some 
addition is made to it ; and it is said obrogari when 
some part of it is changed." It follows from these 
terms being used in Roman law, independent of 
direct evidence, which is not wanting, that a subse- 
quent lex always repealed or altered a prior lex 
whicli was inconsistent with it. 

As to their form, we can judge of the Roman style 
of legislation by the fragments which exist. The 
Romans seem to have always adhered to the old ex- 
pressions, and to have used few superfluous words. 

1. (Festus, s. v Scitum Pop.) — 2. (Inst., i., tit. 2, s. 4.) — 3. 
(i., 3.)— 4. (Liv., viii.. 12.— Gell., xv., 27.)— 5. (Top., 5.)— 6. 
(Gaius, ii., 227.) — 7. (Cic, Pro Tullio, 8, 11.)— 8. (Savigny, 
Zeitschrift, &c, ix., 355.) — 9. (Festus, s. v. Rogatio.) — 1*0. 
("per populi rogationem.")— 11. (v., 19.) — 12. (Gell., xv., 27/ 
—13. (Dig 35, tit. 2, s. 1 : "ad legem Falcidiam.") — 14. (ti\ 
1 « J) 



Great care was taken with such clauses as were 
proposed to alter a former lex, and great care was 
also used to avoid all interference with a former lex y 
when no change in it was intended. The leges 
were often divided into chapters, each of which con- 
cluded with the sanction or punishment which was 
intended to secure the observance of the lex. The 
title of the lex was generally derived from the gen- 
tile name of the m&gistratus who proposed it, as the 
lex Hortensia from the dictator Hortensius. Some- 
times the lex took its name from the two consuls 
or other magistrates, as the Acilia Calpurnia, iElia 
or iElia Sentia, Papia or Papia Poppeea, and others. 
It seems to have been the fashion to omit the word 
et between the two names, though instances occur 
in which it was used. (Vid. Julia Lex et Titia.) 
A lex was also often designated with reference to 
its object, as the lex Cincia de Donis et Muneribus, 
lex Furia Testamentaria, lex Julia Municipalis, and 
many others. Leges which related to a common 
object were often designated by a collective name, 
as leges Agrarian. Judiciariae, and others. Some- 
times a chapter of a lex was referred to under the 
title of the lex, with the addition of a reference to 
the contents of the chapter, as lex Julia de Fundo 
Dotali, which was a chapter of the lex Julia de Adul- 
teriis. A lex sometimes took its name from the 
chief contents or its first chapter, as lex Julia de 
Maritandis Ordinibus. Sometimes a lex comprised 
very various provisions, relating to matters essen- 
tially different, and in that case it was called lex 
Satura. (Vid. Lex Cecilia Didia, Lex Julia Mc- 
nicipalis.) 

The number of leges was greatly increased in the 
later part of the republican period, 1 and J. Caesar is 
said to have contemplated a revision of the whole 
body. Under him and Augustus numerous enact- 
ments were passed, which are known under the 
general name of Juliae leges. ( Vid. Jvl\je Leges.) 
It is often stated that no leges, properly so called, 
or plebiscita, were passed after the time of Augus- 
tus ; but this is a mistake. Though the voting 
might be a mere form, still the form was kept ; and 
if this were not so, the passage of Gaius, 2 in which 
he speaks of leges and plebiscita as forms of legis- 
lation still in use, would be hardly correct. Besides, 
various leges are mentioned as having been passed 
under the Empire, such as the lex Junia under Ti- 
berius, the lex Visellia, the lex Mamilia under Ca- 
ligula, and a lex Claudia on the tutela of women. 3 
It does not appear when the ancient forms of legis- 
lation were laid aside, but they certainly long sur- 
vived the popular elections to which alone the pas 
sage of Tacitus* refers. 

In the Digest a senatus consultum is sometimes 
referred to as a lex, 5 in which there was no great 
impropriety if we have regard to the time, for sena- 
tus consulta were then laws. Still a senatus con- 
sultum, properly so called, must not be confounded 
with a lex properly so called ; and there is no rea- 
son for supposing that the lex Claudia of Gaius was 
a senatus consultum, for when he speaks of a senatus 
consultum of the time of Claudius, he calls it such.* 

It remains farther to explain the words rogatio 
and privilegium. 

Rogatio is defined by Festus to be a command of 
the populus relating to one or more persons, but not 
to ail persons ; or relating to one or more things, but 
not to all. That which the populus has command- 
ed (scivit) with respect to all persons or things is a 
lex ; and ^Elius Gallus says rogatio is a genus le- 
gis ; that which is lex is not consequently (continuo) 
rogatio, but rogatio must be lex if it has been pro- 

1. (Tacit., Ann., iii., 25-28.) — 2. (i., 2. &c.)— 3. (Gaius, i, 
157, 171.)— 4. (Ann., i., 15.)— 5. (14, tit. 6, s. 9, M ; s. 14 )~6 
().. 84 91 ) 



LEX. 



LEX. 



posed (roga a) at legal comitia (justis comitiis). Ac- 
cording to this definition, a rogatio, when enacted, 
is lex ; there is also lex which is not rogatio : there- 
fore we must assume a general name lex, compre- 
hending lex proper and rogatio. The passage of 
JElius Gall'is is emended by Gottling, 1 whose emen- 
dation is founded on his usual felicity in mistaking 
the sense of a passage, and converts the clear mean- 
ing of Gallus into nonsense. According to the def- 
inition of Gallus, rogatio was equivalent to privile- 
gium, a term which occurred in the Twelve Tables,' 
and it signified, according to Gallus,* an enactment 
that had for its object a single person, which is in- 
dicated by the form of the word (privi-legium) " pri- 
vae res," being the same as " singulae res." The 
word privilegium, according to the explanation of 
Gellius, did not convey any notion of the character 
of the legislative measures : it might be beneficial 
to the party to whom it referred, or it might not. It 
is generally used by Cicero in the unfavourable 
sense* (rogationem privilegii similem 6 ). Under the 
Empire, the word is used in the sense of a special 
grant proceeding from the imperial favour. 

The meaning of lex, as contrasted with jus, is 
stated in the article Jus. 

Some other significations of lex, which are not its 
proper significations, are easily explained ; for in- 
stance, lex is used to express the terms and condi- 
tions of a contract, apparently with reference to the 
binding force of all legal contracts. In English in- 
struments of contract, it is often expressed that it 
shall be " lawful" for one or more of the parties to 
do a certain act, by which is simply meant that the 
parties agreo about something which is legal, and 
which, therefore, makes a valid contract. Accord- 
ingly, we find the expression leges censoriae to ex- 
press the conditions on which the censors let the 
public property to farm ; and perhaps the term also 
signified certain standing regulations for such mat- 
ters, which the censors were empowered to make. 6 
In both the cases just referred to, the phrase lex 
censoria is used (in the singular number), and this 
lex, whether a lex proper or not, seems to have been 
divided into chapters. 

Lex simply sometimes signifies the laws of the 
Twelve Tables. 

A particular enactment is always referred to by 
its name. The following is a list of the principal 
leges, properly so called ; but the list includes also 
various plebiscita and privilegia. 

ACPLIA. (Vid. Repetund^e.) 

ACI'LIA CALPU'RNIA or CALPU'RNIA. (Vid. 
Ambitus.) 

JSBU'TIA, of uncertain date, which, with two 
Juliae leges, put an end to the legis aotiones, except 
in certain cases. (Vid. Judex, Act-jo, p. 17.) 

This, or another lex of the same name, prohibited 
the proposer of a lex, which created any office or 
power (curatio ac poteslas), from having such office 
or power, and even excluded his colleague, cognati, 
and affines. 7 

^E'LIA. This lex, and a Fufia lex passed about 
the end of the sixth century of the city, gave to all 
the magistrates the obnunciatio or power of pre- 
senting or dissolving the comitia, by observing the 
omens, and declaring them to be unfavourable." 

.E'LIA SE'NTIA. This lex contained various 
provisions as to the manumission of slaves. (Vid. 
JFttiA. Sentia Lex, Manumissio.) 

iEMPLIA. A lex passed in the dictatorship of 
Matnercus ^Emilius (B.C. 433), by which the cen- 

1. (Geschichte der Rom. Staatsv., &c, p. 310.) — 2. (Cic, 
Leg ■ Hi., 19.)— 3. (Festus, s. v. Rogatio.) — 4. (Pro Domo, 17. — 
Tro Sextio, 30.)— 5. (Brut., 23.)— 6. (Fra°\ de Jure Fisci, s. 18; 
Pig. 50, tit. 16, s. 203.)— 7. (Cic. in Rull., ii., 8.) — 8. (Cic, 
Phil., ii., 32.— Id., Pro Sextio, 15, 26.— Id., ad Att., ii., 9.) 



sors were elected for a year and a half instead of 
a whole lustrum. 1 After this lex they had accord- 
ingly only a year and a half allowed them for hold- 
ing the census and letting out the public works to 
farm. 

^EMPLIA B^E'BIA. (Vid. Cornelia B/ebia.) 

iEMPLIA LE'PIDI, ^EMPLIA SCAURI. {Vid. 
Sumtuari^e Leges.) 

AGRA'RLE. (Vid. Apuleia, Cassia, Cornelia, 
Flaminia, Flavia, Julia, Licinia, Mamilia, Sem- 
pronia, servilia, thoria.) 

A'MBITUS. (Vid. Ambitus.) 

ANNA'LIS or VILLI A. ( Vid. ^Ediles.) 

A'NTIA. (Vid. Sumtuari^e Leges.) 

ANTO'NLE, the name of various enactments 
proposed or passed by the influence of M. Antonius, 
after the death of the dictator J. Caesar, such as the 
judiciaria. (Vid. Judex, p. 553.) Another lex that 
was promulgated allowed an appeal to the populus 
after conviction for vis or majestas. 3 Various other 
measures proposed by M. Antonius are mentioned 
by Cicero, 3 Dion Cassius, 4 and Appian. 5 

APULETA, gave a surety an action against his 
cosureties for whatever he had paid above his share. 
(Vid. Intercessio.) 

APULETA AGRA'RIA, proposed by the tribune 
L. Apuleius Saturninus, B.C. 101. 6 

APULE'IA FRUMENTA'RIA, proposed about 
the same time by the same tribune. 7 

APULE'IA MAJESTA'TIS. (Vid. Majestas.) 

AQUPLIA. (Vid. Damni Injuria Actio.) 

ATE'RNIA TARPETA (B.C. 441). This lex 
empowered all magistratus to fine persons who re- 
sisted their authority ; but it fixed the highest fine 
at two sheep and thirty cows, or two cows and 
thirty sheep, for the authorities vary in this. 8 

A'TIA DE SACERDO'TIIS (B.C. 63), proposed 
by the tribune T. Atius Labienus, repealed the lex 
Cornelia de Sacerdotiis. 9 

ATPLIA. (Vid. Julia Lex et Titia, Tutor.) 

ATI'NIA allowed no usucapion in a stolen thing. 1 * 
(Vid. Furtum.) 

ATI'NIA, of uncertain date, was a plebiscitum 
which gave the rank of senator to a tribune. 11 The 
measure probably originated with C. Atinius, whs 
was tribune B.C. 130. 13 

AUFI'DI A. ( Vid. Ambitus. ) 

AURE'LIA. (Vid. Tribune 

AURE'LIA JUDICIA'RIA. (Vid. Judex, page 
553.) 

B^E'BIA (B.C. 192 or 180), which enacted that 
four prastors and six praetors should be chosen alter 
nately ; 13 but the law was not observed. 

OECI'LIA DE CENSO'RIBUS or CENSO'RIA 
(B.C. 54), proposed by Metellus Scipio, repealed a 
Clodia lex (B.C. 58), which had prescribed certain 
regular forms of proceeding for the censors in exer- 
cising their functions as inspectors of mores, and 
had required the concurrence of both censors to in- 
flict the nota censoria. When a senator had been 
already convicted before an ordinary court, the lex 
permitted the censors to remove him from the sen- 
ate in a summary way. 14 

C^ECI'LIA DE VECTIGA'LIBUS (B.C. 62), re- 
leased lands and harbours in Italy from the payment 
of taxes and dues (portoria). The only vectigal 

1. (Liv., iv., 24. — Id., ix., 33.)— 2. (Cic, Phil., i., 9.) — 3. 
(Phil., i., 1 ; ii., 43 ; v., 3, 5.)— 4. (xliv., 51 ; xlv., 9, 20, 25, 34 ; 
xlvi., 23, 24.)— 5. (Bell. Civ., iii., 27, 30.) — G. (Liv., Epit., 69. 
— Appian, Bell. Civ., i., 29. — Cic, Pro Sextio, 16, 47.) — 7. 
(Auct. ad Heren., i., 12.) — 8. (Cic, De Rep., ii., 35. — Dionys., 
x., 50. — Gell., xi., 1.— Festus, s. v. " Multam."— " Ovibus."— 
" Peculatus." — Niebuhr, Hist, of Rom., ii., p. 300J — 9. (Dion 
Cass., xxxvii., 37.) — 10. (Gell., xvii., 7. — Instit, % tit. 6, s. 2.) 
—11. (Gell., xiv., 8.) — 12. (Plin., H. N., vii., 45. — Cic, Prg 
Dom., 47.)— 13. (Liv., xl., 44.)— 14. (Dion Cass., xl , 57. — Id., 
xxxviii.. 13.— Cic, Pro Sextio, 25.— Dig. 50, tit. 16, s. 203, D« 
Portorio.) 

68 



LEX. 



LEX. 



leinaimng after the passing of this lex was the 

Vicesima.* 

C^LCFLIA DI'DIA (B.C. 88) forbade the propo- 
sing of a lex Satura, on the ground that the people 
might be compelled either to vote for something 
which they did not approve, or to reject something 
which they did approve, if it was proposed to them 
in this manner. This lex was not always opera- 
tive. 3 (Vid. Lex.) 

CALPU'RNIA DE A'MBITU. (Vid. Ambitus.) 
CALPU'RNIA DE CONDICTIO'NE. (Vid. Per 

OoNDICTIONEM.) 

CALPU'RNIA DE REPETUNDIS. (Vid. Re- 

PETUNDjE.) 

CANULETA (B.C. 445) established connubium 
between the patres and plebs, which had been taken 
away by the law of the Twelve Tables. 3 

CA'SSIA (B.C. 104), proposed by the tribune L. 
Cassius Longinus, did not allow a person to remain 
a senator who had been convicted in a judicium 
populi, or whose imperium had been abrogated, by 
the populus.* 

CA'SSIA, 5 which empowered the dictator Caesar 
to add to the number of the patricii, to prevent their 
extinction. 

CA'SSIA AGRA'RIA, proposed by the consul 
Sp. Cassius, B.C. 486. 6 

CA'SSIA TABELLA'RIA. (Vid. Tabellari^ 
Leges.) 

CA'SSIA TERE'NTIA FRUMENTA'RIA (B.C. 
63), for the distribution of corn among the poor citi- 
zens and the purchasing of it. 7 

CPNCIA DE DONIS ET MUNE'RIBUS. (Vid. 
Cincia. Lex.) 

CLAUDIA, a lex passed in the time of the Em- 
peror Claudius, took away the agnatorum tutela in 
the case of women. 8 

CLO'DLE, the name of various plebiscita, pro- 
posed by Clodius when tribune, B.C. 59. 

Clodia de Auspiciis prevented the magistratus 
from dissolving the comitia tributa, by declaring 
that the auspices were unfavourable. This lex, 
therefore, repealed the ^Elia and Fufia. It also en- 
acted that a lex might be passed on the Dies Fasti. 9 
(Vid. ^Elia Lex.) 

Clodia de Censoribus. (Vid. Cjecilia.) 

Clodia de Civibus Romanis Interemptis, to the 
effect that " qui civem Romanum indcmnatum inter- 
emisset ei aqua et igni inter dicer ■etur." 10 It was in 
consequence of this lex that the interdict was pro- 
nounced against Cicero, who considers the whole 
proceeding as a privilegium. 11 

Clodia Frumentaria, by which the corn, which 
had formerly been sold to the poor citizens at a low 
rate, was given. 12 

Clodia de Sodalitatibus or de Collegiis, re- 
stored the sodalitia, which had been abolished by a 
senatus consultum of the year B.C. 80, and permit- 
ted the formation of new sodalitia. 13 

There were other so-called leges Clodiae, which 
were, however, privilegia. 

CCE'LIA. (Vid. Tabellari^e Leges.) 

CORNE'LLE. Various leges passed in the dic- 
tatorship of Sulla, and by his influence, are so called. 

Agraria, by which many of the inhabitants of 
Etruria and Latium were deprived of the complete 
civitas and retained only the commercium, and a 

1. fDion Cass., xxxvii., 51. — Cic. ad Att., ii., 16. — Id., ad 
Quint. Fr., i., 10.)— 2. (Cic, Phil., v., 3.— Id., Pro Dom., 16, 
20.— Id., ad Att., ii., 9.)— 3. (Liv., iv., 1, 4.— Cic, Rep., ii., 37.) 
— 4. (Ascon. in Cic, Cornel., p. 78, ed. Orelli.) — 5. (Tacit., 
Ann., xi., 25.) — 6. (Liv., ii., 41. — Dionys., viii., 76.) — 7. (Cic, 
Verr., iii., 70.— Id. ib., v., 21.)— 8. (Gaius, i., 171.)— 9. (Dion 
Cass., xxxviii., 13. — Cic. in Vatin., 17. — Id. in Pison., 4, 5.)— 10. 
(Veil. Paterc, ii., 45.)— 11. (Pro Dom., 18, &c— Post Redit. in 
Sen., 2, 5, &c) — 12. (Dion Cass., xxxviii., 13. — Cic, Pro Dom., 
10.)— 13. (Cic. in Pis., 4.— Id., Pro Sext., 25.— Id., ad Att., in., 
15. — Dion Cass., xxxviii., 13.) 
582 



large part of their lands were made publicum, and 
given to military colonists. 

De Falsis. (Vid. Falsum.) 

De Injuriis. (Vid. Injuria.) 

Judiciaria. (Vid. Judex, p. 553.) 

Majestatis. ( Vid. Majestas.) 

Nummaria. (Vid. Falsum.) 

De Proscriptione and Proscriptis. (Vid. Pro* 
scriptio.) 

De Parricidio. (Vid. Cornelia Lex de Sica» 
riis.) 

De Sacerdotiis. (Vid. Sacerdotia.) 

De Sicariis. (Vid. Cornelia Lex de Sicariis.! 

Sumtuari^e. ( Vid. Sumtuari^e Leges.) 

Testamentaria. (Vid. Falsum.) 

Unciaria appears to have been a lex which low 
ered the rate of interest, and to have been passes 
about the same time with the leges Sumtuariae at 
Sulla. 1 

De Vadimonio. (Vid. Vadimonium.) 

There were other leges Corneliae, such as that Cj 
Sponsoribus (vid. Intercessio), which may be legr^ 
of L. C. Sulla. 

There were also leges Corneliae which were pro- 
posed by the tribune C. Cornelius about B.C. $7, 
and limited the edictal power by compelling the 
praetors jus dicer e ex edictis suis perpetuis. 3 (Vid. 
Edictum.) 

Another lex of the same tribune enacted that no 
one " legibus soherctur" unless such a measure 
was agreed on in a meeting of the senate at which 
two hundred members were present, and afterward 
approved by the people ; and it enacted that no 
tribune should put his veto on such a senatus con- 
sultum. 3 

There was also a lex Cornelia concerning the 
wills of those Roman citizens who died in captivity 
(apudhostes). (Vid. Legatum, p. 574.) 

De Vi Publica. ( Vid. Vis Publica.) 

CORNE'LIA B.E-BIA DE AMBITTJ, proposed 
by the consuls P. Cornelius Cethegus and M. Bae- 
bius Tamphilus, B.C. 181.* This law is sometimes, 
but erroneously, attributed to the consuls of the 
preceding year, L. iEmilius and Cn. Bctbius. (Vid. 
Ambitus.) 

DI'DIA. (Vid. Sumtuariae Legus.) 

DOMFTIA DE SACERDO'TIIS. (Vid. Sacer- 
dotia.) 

DUI'LIA (B.C. 449), a plebiscitum proposed by 
the tribune Duilius, which enacted " qui plebem 
sine tribunis reliquisset, quique magistralum sint 
provocatione creassct, tergo ac tapite puniretur ." 5 

DUI'LIA M^E'NIA de uiraario fcenore, B.C. 357. 
The same tribunes, Duiliu? and Maenius, carried 
a measure which was intended in future to prevent 
such unconstitutional proceedings as the enactment 
of a lex by the soldiers out of Rome, on the propo- 
sal of the consul. 6 

FA'BIA DE PLA'GIO. (Vid. Plagium.) 

FALCI'DIA. (F^.Leoatum.) 
' FA'NNIA. (Vid. ^umtuari^e Leges.) 

FLAMI'NIA, was an agraria lex for the distri- 
bution of lands in Pic^mnn, proposed by the tribune 
C. Flaminius in B.C. 228 according to Cicero, or 
in B.C. 232 accord:ng to Polybius. The latter 
date is the more provable. 7 

FLA'VIA AGRA RIA, B.C. 60, for the distribu- 
tion of lands among Pompey's soldiers, proposed by 
the tribune L. Flavius, who committed the consul 
Caecilius Metellus to prison for opposing it. 8 

FRUMENTA'RLF]. Various leges were so called 



1. (Festus, s. v. Unciaria.) — 2. (Ascon. in Cic, Ccrnel., p. 
58. — Dion Cass., xxxvi., 23.) — 3. (Ascon. in Cic. Cornel., p. 57, 
58.)— 4. (Liv., xl., 19.— Schol. Bob. in Cic, Fro Sulla, p. 361, 
ed. Orelli.)— 5. (Liv., iii., 55.)— 6. (Liv., vii., 16.)— 7. (Cic, 
Acad., ii., 5.— Id., De Senect., 4.— Polyb., ii., 21 )— 8. (Cic ad 
Att., i., 18, 19.— Dion Cass., xxxvii., 50.) 



LEX. 



LEX, 



which had for their object the distribution of grain 
imong the people at a low price or gratuitously. 
(Vid. Apuleia, Cassia Terentia, Clodia, Livia, 

OCTAVIA, SEMPRONIA.) 

FUTIA DE RELIGIO'NE, B.C. 61, was a priv- 
ilegium which related to the trial of Clodius. 1 

FUTIA JUDICIA'RIA. (Vid. Judex, p. 553.) 

FU'RIA, or FU'SIA CANI'NIA, limited the num- 
ber of slaves to be manumitted by testament. (Vid. 
Maxumissio.) 

FU'RIA DE SPONSU. (Vid. Intercessio.) 

FU'RIA or FUSIA TESTAMENTA'RIA. (Vid. 
Leqathm.) 

GABI'NIA TABELLA'RIA. (Vid. Tabella- 
rije.) 

There were various Gabiniae leges, some of which 
were privilegia, as that for conferring extraordina- 
ry power on Cn. Pompeius for conducting the war 
against the pirates. 2 

A Gabinia lex, B.C. 58, forbade all loans of mon- 
ey at Rome to legationes from foreign parts (Sala- 
minii cum Romcz versuram facere vellent, non pote- 
rant, quod lex Gabinia vetabat 3 ). The object of the 
lex was to prevent money being borrowed for the 
purpose of bribing the senators at Rome. 

GE'LLIA CORNE'LIA, B.C. 72, which gave to 
Cn. Pompeius the extraordinary power of confer- 
ring the Roman civitas on Spaniards in Spain, with 
the advice of his consilium (de consilii sentential). 

GENU'CIA, B.C. 341, forbade altogether the 
taking of interest for the use of money.* Other 
plebiscita of the same year are mentioned by Livy.* 

GA'LLLE CISALPFNJ2. (Vid. Rubria.) 

HIERO'NICA was not a lex properly so called. 
Before the Roman conquest of Sicily, the payment 
of the tenths of wine, oil, and other produce had 
been fixed by Hiero, and the Roman quaestors, in 
letting these tenths to farm, followed the practice 
which they found established. 7 

HORA'TIA, proposed by M. Horatius, made the 
persons of the tribunes, the aediles, and others sacro- 
sancti. 9 Another lex Horatia mentioned by Gel- 
lius 9 was a privilegium. 

HORTE'NSIA DE PLEBISCITE. (Vid. Ple- 

SISCITUM.) 

Another lex Hortensia enacted that the nundinae, 
which had hitherto been feriae, should be dies fasti. 
This was done for the purpose of accommodating 
the inhabitants of the country. 10 

HOSTI'LIA DE FASTIS is mentioned only in 
the Institutes of Justinian. 11 

ICI'LIA, B.C. 456, by which the Aventinus was 
assigned to the plebs. This was the first instance 
of the ager publicus being assigned to the plebs. 13 

Another lex Icilia, proposed by the tribune Sp 
Icilius, B.C. 470, had for its object to prevent all 
interruption to the tribunes while acting in the dis- 
charge of their duties. In some cases the penalty 
was death. 1 ' 

JU'LI^E. (Vid. Juli^e Leges.) 

JU'NIA DE PEREGRI'NIS, proposed B.C. 126 
by M. Junius Pennus, a tribune, banished peregrini 
from the city. 

A lex of C. Fannius, consul, B.C. 122, contained 
the same provisions respecting the Latini and Itali- 
ci ; and a lex of C. Papius, perhaps B.C. 65, con- 
tained the same respecting all persons who were 
not domiciled in Italy. 1 * - 

1. (Cic. ad Att., i., 13, 16.)— 2. (Cic, Pro Lege Manil., 17.— 
Veil. Paterc. ii., 31. — Dion Cass., xxxvi., 6. — Pfut., Pomp., 25.) 
— 3. (Cic. ad Att., v., 21.— Id. ib., vi., 1, 2.) — 4. (Cic, Pro 
Balbo, 8, 14.)— 5. (Liv., vii., 42.)— 6. (vii., 42.)— 7. (Cic, Verr., 
ii., 13, 26, 60.— Id. ib., iii., 6, &c)— 8. (Liv., iii., 55.)— 9. (vi., 
7.)— 10. (Macrob., i., 16.— Plin., II. N.', xviii., 3.)— 11. (iv., tit. 
10.)— 12. (Liv., iii., 21, 32.— Dionys., x., 32.— Niebuhr, Hist, of 
Ron™, ii., p. 299.)— 13. (Dionvs., vii., 17.— Cic, Pro Sextio, 37. 
-Ni'ibuhr, ii., p. 231.)— 14. (Cic, De Off., iii., 11.— Prut., 26, 
ta — De Leg. Agi., i.,4.— Festus, s. v. Respublicaa.) 



JU'NIA LICFNIA. (Vid. Licinia Junia.) 
JU'NIA NORBA'NA, of uncertain date, but prob. 
ably about A.D. 17, enacted that when a Roman 
citizen had manumitted a slave without the requi- 
site formalities, the manumission should not in all 
cases be ineffectual, but the manumitted person 
should have the status of a Lalinus. 1 (Vid. Latini- 

TAS, LlBERTUS.) 

JU'NIA REPETUNDA'RUM. (Vid. Repetun- 

VJE.) 

JU'NIA VELLE'IA, A.D. 8, allowed a postumus 
to be instituted heres, if he should be born in the 
lifetime of the testator. It also so far modified the 
old law, that a person who, by the death of a heres 
institutus, after the testator had made his will, be- 
came a heres quasi agnascendo, did not break the 
will if he was instituted heres. 3 

L^ETO'RIA. (Vid. Curator.) 

Sometimes the lex proposed by Volero for elect 
ing plebeian magistrates at the comitia tributa is 
cited as a lex Laetoria. 3 

LICFNIA DE SODALI'TIIS. ( Vid. Ambitus.} 

LICFNIA JU'NIA, or, as it is sometimes called, 
Junia et Licinia, passed in the consulship of L. 
Licinius Murena and Junius Silanus, B.C. 62, en- 
forced the Cascilia Didia, in connexion with which 
it is sometimes mentioned.* 

LICFNIA MU'CIA DE CIVIBUS REGUNDIS, 
passed in the consulship of L. Licinius Crassus and 
Q. Mucius Scaevola, B.C. 95, which enacted a strict 
examination as to the title to citizenship, and de- 
prived of the exercise of civic rights all those who 
could not make out a good title to them. This 
measure partly led to the Marsic war. 5 

LICFNIA SUMTUA'RIA. (Vid. Sumtuarij* 

LICI'NLE ROGA'TIONES. (Vid. Rogatioxes 

LlCIM^E.) 

LI'VLE were various enactments proposed by 
the tribune M. Livius Drusus, B.C. 91, for estab- 
lishing colonies in Italy and Sicily, distributing 
corn among the poor citizens at a low rate, and ad- 
mitting the foederatae civitates to the Roman civitas. 
Ke is also said to have been the mover of a law 
for adulterating silver by mixing with it an eighth 
part of brass. 6 Drusus was assassinated, and the 
senate declared that all his leges were passed con- 
tra auspicia, and were therefore not leges. 7 

LUTA'TIA DE VI. (Vid. Vis.) 

]VLE'NIA LEX is only mentioned by Cicero, 8 
who says that M. Curius compelled the patres 
" ante auctores fieri," in the case of the election of 
a plebeian consul, "which," adds Cicero, "was a 
great thing to accomplish, as the lex Maenia was 
not yet passed." The lex therefore required the 
patres to give their consent, at least to the election 
of a magistratus, or, in other words, to confer, or 
agree to confer, the imperium on the person whom 
the comitia should elect. Livy 9 appears to refer 
to this law. It was probably proposed by the trib- 
une Maenius, B.C. 287. 

MAJESTA'TIS. (Vid. Majestas.) 

MAMI'LIA DE COLO'NIIS. The subject of this 
lex and its date are fully discussed by Rudorff, 19 
who shows that the lex Mamilia, Roscia, Peducaea, 
Alliena, Fabia, is the same as the " lex Agraria 
quam Gaius Caesar tulit," 11 and that this Gaius 
Caesar is the Emperor Caligula. 

MANI'LIA, proposed by the tribune C. Manilius, 

1. (Gaius, i., 16, 17, 22.— Id., iii., 56.— Ulp., Frag., tit. 1.)— 2. 
(Gaius, ii., 134.— Ulp., Frag., xxii., 19.)— 3. (Liv., ii., 50, 57.)— 
4. (Cic, Pro Sextio, 64; Phil., v., 3 ; ad Att., ii., 9; iv., 16; 
in Vatin., 14.) -5. (Cic, De Off., iii., 11.— Id., Brut., 16.— Id., 
Pro Balb., 21, 24.)— 6. (Plin., II. N., xxxiii., 3.)— 7. (Cic, Leg., 
ii., 6, 12.— Id., Pro Dom., 16. —Liv., Epit., 71.— Appian, Bell. 
Civ., i., 35. — Ascon. in Cic, Cornel., p. 62.) — 8. (Brutus, 14.)— 
9. (i., 17.)- 1U. (Zeitschnft, vol.ix.)— 11. (Dig. 47, tit. 21., s. 3J 

583 



LEX. 



LEX. 



B.C. 66, was a privilegium by which was conferred 
on Pompey the command in the war against Mith- 
radates. The lex was supported by Cicero when 
praetor. 1 

The leges Manilianse, mentioned by Cicero, 2 were 
evidently not leges proper, but probably forms which 
it was prudent for parties to observe in buying and 
selling. 

MA'NLIA, also called LICFNIA, B.C. 196, cre- 
ated the triumviri epulones. 3 

MA'NLIA DE VICE'SIMA. (Vid. Vicesima.) 

MA'RCIA, probably about the year B.C. 352, 
' adversus feneratores." 4 

MA'RCIA, an agrarian law proposed by the trib- 
une L. Marcius Philippus, B.C. 104. 5 

MA'RIA, proposed by Marius when tribune, B.C. 
119, for narrowing the pontes at elections. 6 

ME'MMIA or RE'MMIA. ( Vid. Calumnia.) 

ME'NSIA. This lex enacted that if a woman 
who was a Roman citizen (civis Romano) married 
a peregrinus, the offspring was a peregrinus. If 
there was connubium between the peregrinus and 
the woman, the children, according to the principle 
of connubium, were peregrini, as the legal effect of 
connubium was that children followed the condi- 
tion of their father (liberi semper patrem sequuntur). 
If there were no connubium, the children, accord- 
ing to another rule of law, by which they followed 
the condition of the mother, would have been Ro- 
man citizens ; and it was the object of the law to 
prevent this. 7 

MINU'CIA, B.C. 216, created the triumviri men- 
sarii. 8 

OCT A' VI A, one of the numerous leges frumen- 
tarise which repealed a Sempronia Frumentaria. 
It is mentioned by Cicero 9 as a more reasonable 
measure than the Sempronia, which was too pro- 
fuse. 

OGU'LNIA, proposed by the tribunes B.C. 300, 
increased the number of pontifices to eight and 
that of the augurs to nine ; it also enacted that four 
of the pontifices and five of the augurs should be 
taken from the plebes. 10 

O'PPIA. (Vid. Sumtuari^e Leges.) 

O'RCHIA. (Vid. Sumtuari^e Leges.) 

OVFNIA, of uncertain date, was a plebiscitum 
which gave the censors certain powers in regula- 
ting the lists of the senators (ordo senatorius) : the 
main object seems to have been to exclude all im- 
proper persons from the senate, and to prevent 
their admission, if in other respects qualified. 11 The 
lex Ovinia of Gaius, 12 if the reading is right, was 
perhaps a different lex. 

PA'PIA DE PEREGRFNIS. (Vid. Junia de 
Peregrinis.) 

PA'PIA POPP.EA. (Vid.Jvhua Leges.) 

A lex Papia on the manner of choosing the vestal 
virgins is mentioned by Gellius ; 13 but the reading 
appears to be doubtful, and perhaps it ought to be 
called lex Popilia. 

PAPFRIAor JU'LIA PAPFRIADE MULCTA'- 
RUM ^ESTIMATIONE (B.C. 430), fixed a money 
value according to which fines were paid, which 
formerly were paid in sheep and cattle. 14 Gellius 15 
and Festus 16 make this valuation part of the Ater- 
nian law {vid. Aternia Tarpeia), but in this they 
appear to be mistaken, according to Niebuhr. 17 

PAPFRIA, by which the as was made semunci- 



1. (De Lege Manilla. — Plut., Pomp., 30. — Dion Cass., xxxvi., 
25.)— 2. (DeOr.,i., 58.)— 3. (Liv., xxxiii., 42.— Cic, De Or., iii., 
19.) — 4. (Gaius, iv., 23.— Liv., vii., 21.) —5. (Cic., De Off., ii., 
21.)— 6. (Cic, De Leg., iii., 17.— Piut., Mar., 4.)— 7. (Gaius, i., 
78.— Ulp., Frag., v., tit. 8.)— 8. (Liv., xxiii., 21.)— 9. (Brut., 62. 
— De Off., ii., 21.) — 10. (Liv., x., 6-9.) — 11. (Festus, s. v. 
" Pnetehti Senatores."— Cic, De Leg., iii., 12.)— 12. (iv., 109.) 
—13. (i., 12 ) — 14. (Liv., iv., 30.— Cic, De Rep., ii., 35.)— 15. 
iii., 1.)— 16 (s. v. Peculatus.)— 17. (Hist, of Rome, ii., p. 300.) 
384 



alis, 1 one of the various enactments whion tarn. 
pered with the coinage. 
PAPFRIA, B.C. 332, proposed by the praetoi 

Papirius, gave the Acerrani the civitas without the 
suffragium. It was properly a privilegium, but is 
useful as illustrating the history of the extension of 
the civitas Romana. 2 

PAPFRIA, of uncertain date, enacted that no 
eedes should be declared consecrate without a ple- 
biscitum (injussu Plebis 3 ). 

PAPFRIA PLAU'TIA, a plebiscitum of the year 
B.C. 89, proposed by the tribunes C. Papirius Car- 
bo and M. Plautius Silvanus, in the consulship of 
Cn. Pompeius Strabo and L. Porcius Cato, is called 
by Cicero 4 a lex of Silvanus and Carbo. 5 

PAPFRIA POETE'LIA. (Vid. Poetelia.) 

PAPFRIA TABELLARIA. (Vid. Tabellari^: 
Leges.) 

PEDUC^EA, B.C. 113, a plebiscitum, seems to 
have been merely a privilegium, and not a general 
law against incestum. 6 

PESULA'NIA provided that if an animal did any 
damage, the owner should make it good or give up 
the animal. 7 There was a general provision to this 
effect in the Twelve Tables, 8 and it might bo in- 
ferred from Paulus that this lex extended the pro- 
visions of the old law to dogs. 

PETRE'IA, a lex under this title, De Decima 
tione Militum, in case of mutiny, is mentioned by 
Appian. 9 

PETRO'NIA, probably passed in the reign of 
Augustus, and subsequently amended by various 
senatus consulta, forbade a master to deliver up his 
slave to fight with wild beasts. If, however, the 
master thought that his slave deserved such a pun- 
ishment, he might take him before the authorities 
(judex), who might condemn him to fight if he ap- 
peared to deserve it. 10 

PINA'RIA 11 related to the giving of a judex with 
in a limited time. 

PL^ETO'RIA. (Vid. Curator.) 

PLAU'TIA or PLO'TIA DE VI. (Vid. Vis.) 

PLAUTIA or PLO'TIA JUDICIA'RIA is men- 
tioned by Asconius 12 as having enacted that fifteen 
persons should be annually taken from each tribe 
to be placed in the album judicum. 

POETE'LIA, B.C. 358, a plebiscitum, was the 
first lex against ambitus. 1 3 

POETE'LIA PAPFRIA, B.C. 326, made an im- 
portant change in the liabilities of the Nexi. 14 ( Vid. 
Nexi.) 

POMPELE. There were various leges so called 

POMPEIA, proposed by Cn. Pompeius Strabo, 
the father of Cn. Pompeius Magnus, probably in his 
consulship, B.C. 89, gave the jus Latii or Latinitas 
to all the towns of the Transpadani, and probablv 
the civitas to the Cispadani. 15 

POMPEIA DE A'MBITU. (Vid. Ambitus.) 

POMPEIA JUDICIA'RIA. (Fid. Judex.) 

POMPEIA DE JURE MAGISTRA'TUUM 16 foi- 
bade a person to be a candidate for public offices 
(pctitio honorum) who was not at Rome ; but J. Cae- 
sar was excepted. This was, doubtless, the old 
law, but it had apparently become obsolete. 

POMPEIA DE PARRICI'DIIS. (Vid. Corne- 
lia DE SlCARIIS.) 

POMPEIA TRIBUNFTIA (B.C. 70) restored 

1. (Plin., H. N., xxxiii., 3.)— 2. (Liv., viii., 17.)— 3. (Cic, Pra 
Dom., 49.) — 4. (Pro Archia, 4.)— 5. (Vid. Civitas, Fcederatji 
Civitates, and Savigny, " Volksschluss der Tafel von Herac- 
lea," Zeitschrif% ix.) — 6. (Cic, De Nat. Deor., iii., 30. — Ascoa. 
in Cic, Mil., p. 46.)— 7. (Paulus, S. R., 1, 15, s. 1, 3.)— 8. (Dirk, 
sen, Uebersicht, &c, p. 532.) — 9. (De Bell. Civ., ii., 47.)— 10. 
(Dig. 48, tit. 8, s. 11 ; 18, tit. 1, s. 42. — GelL, v., 14.) — 11. 
(Gams, iv., 15.) — 12. (In Cic. Cornel., p. 79.) — 13. (Liv., vii., 
15.)— 14. (Liv., viii., 28.)— 15. (Savigny," Volksschluss der Tafel 
von Heraclea," Zeitschrift, ix.) — 16. (Suet., Jul., 28. — Dion Cast 
xl., 56. — Cic. ad Att., viii., 3.) 



LEX. 



LEX. 



the Otd tribunitia potestas, which Sulla had neait iy 
destroyed. 1 (Vid. Tribuxi.) 

POMPEIA DE VI was a privilegium, and only 
/eferred to the case of Milo. 8 

POPI'LIA. (Vid. Papia.) 

PO'RCLE DE CA'PITE CIVIUM or DE PRO- 
VOCATIO'NE enacted that a Roman citizen should 
not be scourged or put to death. 3 

PO'RCIA DE PROVFNCIIS (about B.C. 198). 
The passage in Livy 4 (" Sumtus quos in cultum 

f)r<rl3rum" &c.) is supposed to refer to a Porcia 
ex, to which the plebiscitum De Thermensibus re- 
fers ; and the words quoted by Cicero 5 (" Ne quis 
emat mancipium") are taken, as it is conjectured, 
from this Porcia lex. 

PUBLPCIA permitted betting at certain games 
which required strength, as running and leaping. 6 

PUBLFLIA DE SPONSO'RIBUS. (Vid. In- 
tercession 

PUBLPLLE of the dictator Q. PubliKus Philo, 
B.C. 339. 7 (Vid. Publili^e Leges.) 

PUBLPLLE LEGES of the tribune Q. Volero 
Publilius, B.C. 472. (Vid. Publiloe Leges.) 

PU'PIA, mentioned by Cicero, 8 seems to have 
enacted that the senate could not meet on comiti- 
ales dies. 

QUPNTIA was a lex proposed by T. Quintius 
Crispinus, consul B.C. 9, and enacted by the popu- 
ius for the preservation of the aquseductus. The 
lex is preserved by Frontinus. 9 

RE'GIA. (Vid. Regia Lex.) 

RE'GLE. (Vid. Jos Civile Papirianum.) 

RE'MMIA. (Vid. Calumnia.) 

REPETUNDA'RUM. (Vid. Repetund*:.) 

RHO'DIA. The Rhodians had a maritime code 
which was highly esteemed. Some of its provis- 
ions were adopted by the Romans, and have thus 
been incorporated into the maritime law of Euro- 
pean states. Strabo 10 speaks of the wise laws of 
Rhodes and their admirable policy, especially in 
naval matters ; and Cicero 11 to the same effect. 
The Digest 12 contains so much of the lex Rhodiorum 
as relates to j actus, or the throwing overboard of 
goods in order to save the vessel or remainder of 
the cargo. This lex Rhodiorum de Jactu is not a 
lex in the proper sense of the term. 

RO'SCIA THEATRA'LIS, proposed by the trib- 
une L. Roscius Otho, B.C. 67, which gave the 
equites a special place at the public spectacles in 
fourteen rows or seats (in quatuordecim gradibus 
sive ordinibus) next to the place of the senators, 
which was in the orchestra. This lex also as- 
signed a certain place to spendthrifts (decoctores 13 ). 
The phrase " sedere in quartuordccim ordinibus" 
is equivalent to having the proper census eques- 
tris which was required by the lex. There are 
numerous allusions to this lex, 1 * which is some- 
times simply called the Lex of Otho, 15 or referred to 
by his name. 16 This lex is supposed by some wri- 
ters to have been enacted in the consulship of Ci- 
cero, B.C. fi3. 17 (Vid. Julia Lex Theatralis.) 

RU'BRIA. The province of Gallia Cisalpina 
ceased to be a provincia, and became a part of Ita- 
lia about the year B.C. 43. When this change 
took place, it was necessary to provide for the ad- 
ministration of justice, as the usual modes of pro- 
vincial administration would cease with the deter- 
mination of the provincial form of government. 

1. (Sue-i Jul., 5. — Veil. Paterc, ii., 30.)— 2. (Cic, Phil., ii., 
9. — Asccn. Hnd Schol. Bob. in Argumen. Milon.) — 3. (Liv., x., 
».— Cic.,De Rep., ii., 31.-1(1., Pro Rabir., 3, 4.)— 4. (xxxii.,27.) 
— 5. (Verr., ii., 4, 5.)— 6. (Dig. 11, tit. 5.)— 7. (Liv., viii., 12.) 
— S. (ad Quint. Fr., ii., 13; ad Fam., i., 4.) — 9. (De Aque- 
duct. Roman.)— 10. (p. 652, Casaub.)— 11. (Pro Leg. Manil., c. 
18.)— 12. (14. tit. 2.) — 13. (Cic, Phil., ii., 18.) — 14. (Dion, 
xxxvi., 25. — Veil. Paterc, ii., 32.— Liv., Epit., 99. — Cic, Pro 
Murana, 19.)— 15. (Juv., xiv., 324.) — 16. (Hor., Epod., i»., 16.) 
—17. (ad Att., ii., 1.) 
4E 



This was effected by a lex, the name of which 1 
unknown, but a large part of.it, on a bronze tablet, 
is preserved in the Museum at Parma. This lex 
arranged the judiciary establishment of the former 
provincia, and appointed n. viri and iv. viri juri di- 
cundo : a praefectus Mutinensis is also mentioned 
in the lex. In two passages of this lex, 1 a lex Ru- 
bria is mentioned, which, according to some, is an 
earlier lex, by which Mutina was made a praefec- 
tura ; and, according to others, the lex Rubria ia 
this very lex De Cisalpina. This subject is dis- 
cussed by Savigny 2 and by Puchta. 3 

This lex has been published several times ; the 
latest edition is " Tavola legislatives dclla Gallia Cis- 
alpina ritrovata in Vcleia ct restituita alia sua vera 
lezione da D. Pietro de Lama, Parma, 1820." We 
only possess the end of the nineteenth chapter of 
this lex, which treats of the Novi Operis Nuntiatio ; 
the twentieth chapter, on the Damnum Infectum, is 
complete ; the twenty-first treats of Pecunia Certa 
Credita, but only of Execution ; the twenty-second 
treats in like manner of similar actions ; there is 
only the beginning of the twenty-fourth, which treats 
of the division of an hereditas (qvei de familia eer- 
ceiscunda deividunda ivdicivm sibei darei reddeive, &c, 
postulaverint, &c). The matter of this k lex, there- 
fore, so far as we know it, purely concerns proce- 
dure, as Puchta remarks. 

RUPPLLE LEGES (B.C. 131) were the regula- 
tions established by P. Rupilius and ten legati foT 
the administration of the province of Sicily, after 
the close of the first servile war. They were made 
in pursuance of a consultum of the senate. Cicero 4 
speaks of these regulations as a decretum of Rupili- 
us (quod is de decern legatorum sententia statuit), 
which he says they call lex Rupilia ; but it wae 
not a lex proper. The powers given to the com- 
missioners by the lex Julia Municipalis were of a 
similar kind. 

SACRA'TJE, mentioned by Livy 5 and by Cice- 
ro. 6 Leges were properly so called which had for 
their object to make a thing or person sacer, as in 
Livy 7 (de sacrando cum bonis capite ejus qui, &c). 
The consecratio was in fact the sanction by which 
a lex was to be enforced. 8 In the latter case it 
was the opinion of the jurisconsulti (juris interpre- 
tes) that the lex did not make " sacrosancti" the 
persons for whose protection it was designed, but 
that it made " sacer" (sacrum sanxit) any one who 
injured them ; and this interpretation is certainly 
consistent with the terms of the lex. 9 

A lex Sacrata Militaris is also mentioned by 
Livy, 10 but the sanction of the lex is not stated. 

SA'TURA. (Vid. Lex, p. 580.) 

SCANTPNIA, proposed by a tribune : the date 
and contents are not known, but its object was to 
suppress unnatural crimes. It existed in the time 
of Cicero. 11 The lex Julia de Adulteriis considered 
this offence as included in stuprum, and it was pun- 
ishable with a fine ; but by the later imperial con- 
stitution the punishment was death. 13 

SCRIBO'NIA. The date and whole import o! 
this lex are not known ; but it enacted that a right 
to servitutes should not be acquired by usucapion," 
from which it appears that the law was once dif- 
ferent. A " libertas servitutum" could be gained 
by usucapion, or, rather, disuse, for the lex only 
applied to that usucapion which established a servi- 
tus (servitutem constituebat), and not to that so-call- 
ed usucapion which took away the right (sustulil 



1. (c ix., 1. 29, 38.)— 2. (Zeitschrift, ix.)— 3. (Zeitscnnft, x. • 
" Ueber den Inhalt der Lex Rubria de Gallia Cisalpina.") — 4. 
(In Verr., lib. ii., 13, 16.)— 5. (ii., 54.)— 6. (De Off., iii., 33.)— 7 
(ii., 8.)— 8. (Liv., iii., 55.)— 9. (Festus, s. v. Sacratae leges.) — 10 
(vii., 41.)— 11. (Auson., Epig., 89.— Juv., ii., 44.— Cic. ad Fam.. 
viii., 12, 14.)— 12. (Suet., Dom., 8.— Paulus, S. R., ii , tjt. 26 
s. 13.)— 13. (Dig 41, tit. 3, s. 4, $ 29.) 

585 



IEX. 



LIdANOTIS. 



terviiutem). It is, perhaps, doubtful if the passage 
of Cicero 1 should be alleged in proof of this usuca- 
pion formerly existing. 

SEMPRO'NLE. Various leges proposed by the 
Gracchi were so named. (Vid. Sempronl/e Le- 

UES.) 

SEMPRO'NIA DE FCE'NORE, B.C. 193, was a 
plebiscitum proposed by the tribune M. Sempronius, 3 
which enacted that the law (jus) about money lent 
(pecunia iredita) should be the same for the Socii 
and Latini (Socii ac nomen Latinum) as for Roman 
citizens. The object of the lex was to prevent 
Romans from lending money in the name of the 
Socii, who were not bound by the fenebres leges. 
The lex could obviously only apply within the ju- 
risdiction of Rome. 

SERVI'LIA AGRA'RIA, proposed by the tribune 
P. S. Rullus in the consulship of Cicero, B.C. 63, 
was a very extensive agraria rogatio. It was suc- 
cessfully opposed by Cicero ; 3 but it was in sub- 
stance carried by J. Caesar, B.C. 59 (vid. Julia Lex 
Agraria), and is the lex called by Cicero lex Cam- 
pana, 4 from the public land called Ager Campanus 
being assigned under this lex. 

SERVI'LIA GLAU'CIA DE CIVITA'TE. (Vid. 

T\,FPFTTTTVD 7V ^ 

SERVI'LIA GLAU'CIA DE REPETUNDIS. 
(Vid. Repetund^e.) 

SERVI'LIA JUDICIA'RIA, B.C. 106. See the 
article Judex, p. 553, and the various passages in 
Cicero. 5 It is assumed by some writers that a lex 
of the tribune Servilius Glaucia repealed the Ser- 
vilia Judiciaria two years after its enactment. 6 

SI'LIA. 7 The legis actio called condictio was 
established by this lex in the case when the demand 
was a determinate sum of money (certa pecunia). 

SILVA'NI ET CARBO'NIS. (F^.Papiria 
Plautia.) 

SULPI'CLE, proposed by the tribune P. Sulpici- 
us Rufus, a supporter of Marius, B.C. 88, enacted 
the recall of the exiles, the distribution of the new 
citizens and the libertini among the thirty-five tribes, 
that the command in the Mithradatic war should 
be taken from Sulla and given to Marius, and that 
a senator should not contract debt to the amount of 
more than 2000 denarii. 8 The last enactment may 
have been intended to expel persons from the sen- 
ate who should get in debt. All these leges were 
repealed by Sulla. 9 

SULPI'CIA SEMPRO'NIA, B.C. 304. No name 
is given to this lex by Livy, 10 but it was probably 
proposed by the consuls. It prevented the dedica- 
tio of a templum or altar without the consent of 
the senate or a majority of the tribunes. 11 

SUMTUA'RLE. (Vid. Sumtuari^e Leges.) 

TABELLA'RLE. (Vid. Tabellari^e Leges.) 

TARPE'IA ATE'RNIA. (Vid. Aternia Tar- 

PEIA.) 

TERENTI'LIA, proposed by the tribune C. Ter- 
entilius, B.C. 462, but not carried, was a rogatio 
which had for its object an amendment of the con- 
stitution, though in form it only attempted a limita- 
tion of the imperium consulare. 13 This rogatio 
probably led to the subsequent legislation of the 
Decemviri. 

TESTAMENTA'RLE. Various leges, such as 
the Cornelia, Falcidia, Furia, and Voconia, regula- 
ted testamentary dispositions. 

THO'RIA. The importance of this lex requires 
that it should have a separate notice. (Vid. Tho- 
ria Lex.) 



1. (Pro Caecin., 26.)— 2. (Liv., xxxv., 7.)— 3. (In Rullum.)— 4. 
(ad Att., ii., 18.)— 5. (Brut., 43, 44, 63, 86.)— 6. (Cic, Brut., 62.) 
-7. (Gaius, iv., 19.)— 8. (Plat., Sull., 8.)— 9. (App., Bell. Civ., 
i., 55.— Liv., Epit., 77.)— 10. (ix., 46.)— 11. (Coir me Gaius, a . 
5-7.)— 12. (Liv., iii., 9.) 
5^6 



Tl TIA, similar in its provisions to the lex Puo- 
licia. 

TI' TIA DE TUTO'RIBUS. ( Vid. Julia Lex n 
Titia, and Gaius, i., 195.) 

TREBO'NIA, a plebiscitum proposed by L. Tre- 
bonius, B.C. 448, which enacted that if the ten trib- 
unes were not chosen before the comitia were dis- 
solved, those who were elected should not fill up 
the number (co-optare), but that the comitia should 
be continued till the ten were elected. 2 

TRIBUNI'TIA. (Vid. Tribunitia Lex.) 

TU'LLIA DE A'MBITU. (Vid. Ambitus.) 

TU'LLIA DE LEGATIO'NE LI'BERA. (Vid. 
Legatus, p. 576.) 

VALERFJE of P. Valerius Publicola. ( Vid. V^ 
leri^e Leges.) 

VALE'RIA HORA'TIA. (Vid. Plebiscitum.) 

VA'RIA. (Vid. Majestas.) 

VATI'NIA DE PROVFNCIIS was the enact- 
ment by which J. Caesar obtained the province of 
Gallia Cisalpina with Illyricum for five years, to 
which the senate added Gallia Transalpina. This 
plebiscitum was proposed by the tribune Vatinius.' 
A Trebonia lex subsequently prolonged Caesar's 
imperium for five years. 

VATI'NIA. (Vid. Repetund^e.) 

VATI'NIA DE COLONIS, under which the Lat- 
ina Colonia (vid. Latinitas) of Novum-Comum in 
Gallia Cisalpina was planted, B.C. 59.* 

LEGES DE VI. ( Vid. Vis.) 

VIA'RIA. A Viaria lex which Cicero says 5 the 
tribune C. Curio talked of; but nothing more seems 
to be known of it. 

Some modern writers speak of leges Viariae, but 
there do not appear to be any leges properly so call- 
ed. The provisions as to roads in many of the 
agrarian laws were parts of such leges, and had no 
special reference to roads. 6 

VICESIMA'RIA. (Vid. Vicesimaria.) 

VFLLIA ANNA'LIS. (Vid. ^diles, p. 25.) 

VISE'LLIA made a man liable to a criminal 
prosecution who, being a Latinus, assumed to exer- 
cise the rights of an ingenuus. 7 

VOCO'NIA. ( Vid. Voconia Lex.) 

This list of leges may not be quite complete, and 
the dates of some of them may not be perfectly ac- 
curate. Still it contains all the leges that are of 
any importance for the understanding of Roman 
History and Jurisprudence. Those which are not 
specially noticed here are referred to their prop- 
er heads, particularly when there are many leges 
relating to one subject, as ambitus, repetundae, &c. 
Several of the Roman leges were modified by sen- 
atus consulta. The senatus consulta, which are 
properly laws, are enumerated under Senatus Con- 
sultum. 

LEXIARCHICON. (Vid. Demus, p. 348.) 

LEXIARCHOI. (Vid. Ecclesia, p. 385.) 

LEXIS. (Vid. Dice, p. 358.) 

*LIBANO'TIS (lu6avG)Tic), a plant, our Rosema 
ry. The Greek name is derived from Xt,6avoc, " in- 
cense," and has reference to the strong aromatic 
odour emitted ; the latin name Rosmarinus, which 
the poets commonly write as two words, Ros mari- 
nus, alludes to the circumstance of the plant's being 
" used by the ancients in sprinkling, as we read in 
the Scriptures of hyssop, and of its growing in pla- 
ces near the seacoast. Virgil is supposed to be the 
first author who mentions it by the name of Ros 
(marinus). Theophrastus describes two species, 
the first, or ?.t6avcjTtc unapTcoc, is the true Rosmari- 
nus officinalis ; the other, the A. nupTUftog, is the Ath- 

1. (Dig. 11, tit 5, s. 3.)— 2. (Liv.,ii., 64, 65.)— 3. (Dion Cas»., 
xxxviii., 8. — Appian, Bell. Civ., ii., 13. — Suet., Jul., 22. — Velt 
Paterc, ii., 44.)— 4. (Suet., Jul., 28.)— 5. (ad Fam., viii.) — 6 
(Frontinus, De Coloniis.) — 7. (Cod. ix., tit. 21.) 



LIBELLUS. 



LIBER. 



arnanta libxnotis, according to Stacdiouse. Spren- 
gel is decidedly of opinion that the first species of 
Dioscorides is the Cachrys libanotis ; the second, 
the Ferula nodijlora; the third he hesitates about 
admitting as the Prenanthe purpurea.''- 1 

*LIBANOTUS {MdavuTog), Frankincense. The 
name, however, is also applied to the Frankincense- 
tree itself. " Forskael, the Danish traveller," ob- 
serves Adams, "gave the name of Amyris Kataf to 
the Frankincense-tree, and Colebrook calls it Bos- 
icellia turifera. However, as Stackhouse and Spren- 
gel state, there is still great uncertainty about the 
tree which produces the frankincense. Dr. Harris 
remarks, that 'what is called "pure incense" is no 
doubt the same as the mascula thura of Virgil.' Dr. 
Martyn farther states, that the ancients called the 
best sort of incense ' male.' A late writer on this 
class of medicinal substances, Dr. Maton, says, 
1 Some authors have considered the genuine 7.16a- 
voq (Thus) to have been obtained from the Junipe- 
rus Lycia, and to constitute the Olibanum of our 
shops, but I cannot find any passage in the ancient 
authors sufficiently precise to corroborate this con- 
jecture.' According to Ammonius and the scholi- 
ast on Aristophanes, the tree is, properly speaking, 
to be named ?u6avoc, and the term Xi6dv(aTog is to 
be restricted to the Frankincense itself. Theo- 
phrastus, however, does not use the terms in this 
sense." 2 

LIBATIO. (Vid. Sacrificium.) 

LIBELLA. (Vid. Denarius.) 

LIBELLUS is the diminutive form of liber, and 
signifies, properly, a little book. A libellus was 
distinguished from other kinds of writing by being 
written, like our books, by pages, whereas other 
writings were written transversa charta. 3 A libel- 
lus, however, did not necessarily consist of several 
pages. It was used by the Romans as a technical 
term in the fallowing cases : 

1. Libelli accusalorum or accusatorii were the writ- 
ten accusations which in some cases a plaintiff, 
after having received the permission to bring an ac- 
tion against a person, drew up, signed, and sent to 
the judicial authorities, viz., in the city to the prae- 
tor, and in a province to the proconsul.* (Compare 
Actio, p! 17.) The form in which a libellus accu- 
satorius was to be written is described byUlpian in 
a case of adultery. 5 The accuser had to sign the 
libellus, and if he could not write, he was obliged 
to get somebody else to do it for him. If the libel- 
ous was not written in the proper legal form, it was 
invalid, but the plaintiff had still the right to bring 
the same action again in its legal form. 6 

2. Libelli famosi were what we call libels or pas- 
quinades, intended to injure the character of per- 
sons. A law of the Twelve Tables inflicted very 
severe punishments on those who composed defam- 
atory writings against any person. 7 During the 
latter part of the Republic this law appears to have 
been suspended, for Tacitus 8 says that, previous to 
the time of Augustus, libels had never been legally 
punished, 9 and that Augustus, provoked by the au- 
dacity with which Cassius Severus brought into 
disrepute the most illustrious persons of the age, 
ordained, by a lex majestatis, that the authors of 
libelli famosi should be brought to trial. On this 
occasion, Augustus, who was informed of the exist- 
ence of several such works, had a search made at 

1. (Theophrast., II. P., ix., 11. — Dioscor., iii., 79.— Virg., 
Georg., ii., 213. — Adams, Append., s. v.)— 2. (Theophrast., H. 
P., ix., 4. — Dioscor., i., 81. — Asiatic Researches, vol. ix., p. 377. 
— Aristoph., Plut., 703, with schol. — Adams, Append., s. v.) — 3. 
(Suet., Jul., 56.)— 4. (Cod. 9, tit. 2, s. 8.— Dig. 48, tit. 5, s. 2, 
17, 29 ; 47, tit. 2, s. 74.)— 5. (Dig. 48, tit. 2, s. 3.)— 6. (Juv., vi., 
244, &c— Tacit., Ann., iii., 44.— Plin., Epist., vii., 27.— Com- 
pare Brisson, De Form., v., c. 187, &c.) — 7. (Cic, De Repub., 
iv., 10.— Arnob..iv.,p. 151.)— 8. (Ann., i., 72.)— 9. (Compare Cic. 
ad F?m., iii., 11. » 



Rome by the aediles, and in other places by the 
local magistrates, and ordered the libels to be burn- 
ed ; some of the authors were subjected to punish 
ment. 1 A law quoted by Ulpian 8 ordained that the 
author of a libellus famosus should be intestabilis , 
and during the latter period of the Empire we find 
that capital punishment was not only inflicted upon 
the author, but upon those persons in whose pos- 
session a libellus famosus was found, or who did 
not destroy it as soon as it came into their hands.' 

3. Libellus memorialis, a pocket or memorandum 
book.* The libellus, from which Cicero 5 commu- 
nicates a memorandum of Brutus, appears to have 
been a book of this kind. 

4. The word libellus was also applied to a varie- 
ty of writings, which in most cases, probably, con- 
sisted of one page only : 

a. To short letters addressed to a person for the 
purpose of cautioning him against some danger 
which threatened his life, 6 and to any short letters 
or reports addressed to the senate or private indi- 
viduals. 7 

b. To the bills called libelli gladialorii or munera 
rii, which persons who gave gladiatorial exhibitions 
distributed among the people. ( Vid. Gladiatores, 
p. 476.) 

c. To petitions to the emperors. 8 The emperors 
had their especial officers or secretaries who at- 
tended to all petitions (libellis prcefectus 9 ), and who 
read and answered them in the name of the em- 
peror. 10 Such a libellus is still extant." 11 

d. To the bill of appeal called libellus appellatorius, 
which a person who did not acquiesce in a judicial 
sentence had to send in after the lapse of two or 
three days. 12 

e. To the bills stuck up in the most frequented 
parts of the city, in case of a debtor having ab- 
sconded. 13 Such bills were also stuck upon the 
estates of such a debtor, and his friends who wished 
to pay for him sometimes pulled down such bills. 1 * 

/. To bills in which persons announced to the 
public that they had found things which had been 
lost, and in which they invited the owner to claim 
his property. 15 The owner gave to the finder a 
reward (evperpa), and received his property back. 
Sometimes the owner also made known to the pub- 
lic by a libellus what he had lost, stated his name 
and residence, and promised to give a reward to the 
person who found his property and brought it back 
to him. 16 

LIBER (0i6liov), a Book. The most common 
material on which books were written by the Greeks 
and Romans was the thin coats or rind (liber, whence 
the Latin name for a book) of the Egyptian papyrus. 
This plant was called by the Egyptians Byblos (/3v- 
61oc), whence the Greeks derived their name for a 
book (flifjliov). It formed an article of commerce 
long before the time of Herodotus, 17 and was exten- 
sively used in the western part of Europe, as is 
proved by the number of rolls of papyri found at 
Herculaneum. In the sixth century of the Christian 
aera the duty on imported papyrus was abolished by 
Theodoric the Great, on which occasion Cassiodo- 
rus wrote a letter, 18 in which he congratulates the 
world on the cessation of a tax so unfavourable to 
the progress of learning and of commerce. The 
papyrus-tree grows in swamps to the height of ten 
feet and more, and paper was prepared from the 

1. (Dion Cass., lvi., 27.)— 2. (Dig-. 47, tit. 10, s. 5.)— 3. (Cod. 
9, tit. 36.)— 4. (Suet., Jul., 56.)— 5. (ad Att., vi., 1, t) 5.)— 6. 
(Suet., Jul., 81— Id., Calig-., 15.)— 7. (Suet., Jul., 56.— Id., Oc- 
tav., 84.— Cic. ad Fam., xi., 11.)— 8. (Suet., Octav., 53.— Mart., 
viii., 31, 3 ; 82, 1.)— 9. (Dig-. 20, tit. 5.)— 10. (Suet., Domit., 14./ 
—11. (Vid. Gruter, Inscript., p. dcvii., 1.)— 12. (Dig. 40, tit. I.) 
—13. (Cic, Pro Quinct., 6, 15, 19.— Rein, Rom. Privatr., p 
499.)— 14. (Senec, De Benef., iv., 12.)— 15. (Plaut., Rud., t„ 
2, 7. &c— Dig-. 47, tit. 2, s. 44.)— 16. (Propert., iii., 21, 21, &c. 
—17. (v., 58.)— 18. (xi.. 38.) 

587 



LIBER. 



LIBERTUS. 



tfiia coats or pellicles which surround the plant in 
the following manner according to Pliny. 1 The dif- 
lerent pieces were joined together by the turbid 
Nile water, as it has a kind of glutinous property. 
A layer of papyrus (scheda or philyra) was laid flat 
on a board, and a cross layer put over it ; and being 
thus prepared, the layers were pressed, and after- 
ward dried in the sun. The sheets were then 
fastened or pasted together, the best being taken 
first, and then the inferior sheets. There were 
never more than twenty in a scapus or roll. The 
papyri found in Egyptian tombs differ very much in 
length, but not much in breadth, as the breadth was 
probably determined by the usual length of the strips 
taken from the plant. The length might be carried 
to almost any extent by fastening one sheet to an- 
other. The writing was in columns, with a blank 
slip between them. 2 The form and general appear- 
ance of the papyri rolls will be understood from the 
following woodcut, taken from paintings found at 
Pompeii. 3 



1 ^s'.oifw.cj ravi ^"tVi 




The paper (charta) made from the papyrus was 
of different qualities. The best was called after 
Augustus, the second after Livia, the third, which 
was originally the best, was named Hieratica, be- 
cause it was appropriated to the sacred books. The 
finest paper was subsequently called Claudia, from 
the Emperor Claudius. The inferior kinds were 
called Ampkitheatrica, Saltica, Leneotica, from the 
places in Egypt where it was made, and also Fan- 
niana, from one Fannius, who had a celebrated man- 
ufactory at Rome. The kind called Emporetica 
was not fit for writing, and was chiefly used by 
merchants for packing their goods, from which cir- 
cumstance it obtained its name.* 

Next to the papyrus, parchment (membrana) was 
the most common material for writing upon. It is 
said to have been invented by Eumenes II., king of 
Pergamus, in consequence of the prohibition of the 
export of papyrus from Egypt by Ptolemy Epipha- 
nes. 5 It is probable, however, that Eumenes intro- 
duced only some improvement in the manufacture 
of parchment, as Herodotus mentions writing on 
skins as common in his time, and says that the 
Ionians had been accustomed to give the name of 
skins (ditydtpat) to books. 6 Other materials are 
also mentioned as used for writing on, but books 
appear to have been almost invariably written either 
upon papyrus or parchment. 

The ancients wrote usually on only one side of 
the paper or parchment, whence Juvenal 7 speaks of 
an extremely long tragedy as 

" summi plena jam margine libri 
Scriptus et in tergo necdum jinitus Orestes." 

Such works were called Opistographi* and are also 
said to be written in aversa charta. 9 

The back of the paper, instead of being written 
upon, was usually stained with saffron colour or the 
cedrus 10 (crocece membrana tabella 11 ). We learn from 
Ovid that the cedrus produced a yellow colour. 18 

1. (H. N., xiii., 23.) — 2. (Egyptian Antiquities, vol. ii., ch. 7, 
Lond., 1836.) — 3. (Gell, Pompeii, p. 187.)— 4. (Plin., H. N., 
Xiii., 23, 24.)— 5. (Plin., H. N., xiii., 21.)— o. (v., 58.)— 7. (i., 5.) 
—8. (Plin., Epist., iii., 5 )— 9. (Mart., viii., 62.)— 10. (Luoian, 
Up4s arrctiS., 16, vol. iii., p. 113.)— 11. (Juv., vii., 23.— Pers., 
in., 100—12. (Ovid, Trist., iii., 1, 13.) 
588 



As paper and parchment were dear, it was fire* 
quently the custom to erase or wash out writing of 
little importance, and to write upon the paper or 
parchment again, whhh was then called Palimp- 
sestus (naXifiip^aroc). This practice is mentioned 
by Cicero, 1 who praises his friend Trebatius for 
having been so economical as to write upon a pa- 
limpsest, but wonders what those writings could 
have been which were considered of less importance 
than a letter.* 

The paper or parchment was joined together so 
as to form one sheet, and when the work was fin- 
ished, it was rolled on a staff, whence it was called 
a volumen ; and hence we have the expression evol- 
vere librum. 3 When an author divided a work into 
several books, it was usual to include only one book 
in a volume or roll, so that there were generally the 
same number of volumes as of books. Thus Ovid* 
calls his fifteen books of Metamorphoses " mutata 
ter quinque volumina forma." 5 When a book was 
long, it was sometimes divided into two volumes ; 
thus Pliny 6 speaks of a work in three books, " in sex 
volumina propter amplitudinem divisi." 

In the papyri rolls found at Herculaneum, the 
stick on which the papyrus is rolled does not pro- 
ject from the papyrus, but is concealed by it. 
Usually, however, there were balls or bosses, orna- 
mented or painted, called umbilici or cornua, which 
were fastened at each end of the stick, and projected 
from the papyrus. 7 The ends of the roll were care- 
fully cut, polished with pumice-stone, and coloured 
black ; they were called the gemina frontes* 

To protect the roll from injury, it was frequently 
put in a parchment case, which was stained with a 
purple colour, or with the yellow of the lutum. 
Martial 9 calls such a covering a purpurea toga. 
Something of the same kind is meant by the Greek 
sittybcB (oLTTv6ai 10 ), which Hesychius explains by 
depfiarivai cro2.ai. 

The title of the book (titulus, index) was written 
on a small strip of papyrus or parchment with a 
light red colour (coccum or minium). Winkelmann 
supposed that the title was on a kind of ticket sus- 
pended to the roll, as is seen in the paintings at 
Herculaneum (see woodcut), but it was most prob- 
ably stuck on the papyrus itself. 11 We learn from 
Seneca 12 and Martial 13 that the portraits of the au- 
thors were often placed on the first page of the 
work. 1 * Compare the articles Atramentum, Bibu- 

OPOLA, BlBLIOTHECA, CALAMUS, CaPSA, STYLUS. 

LIBERA'LIA. (Vid. Dionysia, p. 366.) 
LIBERATES CAUSA. (Vid. Assertor.) 
LFBERI. (Vid. Ingenui, Libertus.) 
LIBEROHUM JUS. (Vid. Julia et Papia Pop- 
fma. Lex.) 

LIBERTUS, LIBERTFNUS. Freemen (liberi) 
were either ingenui (vid. Ingenui) or libertini. Lib- 
ertini were those persons who had been released 
from legal servitude (qui ex justa servitute manumis' 
si sunt 16 ). A manumitted slave was libertus (that is, 
liberatus) with reference to his master ; with refer- 
ence to the class to which he belonged after manu- 
mission, he was libertinus. According to Suetonius, 
libertinus was the son of a libertus in the time of 
the censor Appius Claudius, and for some time 
after ; 16 but this is not the meaning of the word in 
the extant Roman writers. 

There were three modes of legitima manumissio, 
the vindicta, the census, and the testamentum : if 

1. (ad Fam., vii., 18) — 2. (Compare Catull., xxii., 5. — Mar 
tial,xiv.,7.)— 3. (Cic. ad Att.,ix., 10.)— 4. (Trist., i., 1, 117.)— 4 
(Compare Cic, Tusc, iii., 3.— Id., ad Fam., xvii., 17.) — 6. (Ep 
iii., 5.)— 7. (Martial, iii., 2.— Id., v., 6, 15.— TibuH., iii., 1, 13.— 
Ovid, Trist., i., 1, 8.)— 8. (Ovid, 1. c.)— 9. (x., 93.)— 10. (Cie 
ad Att., iv., 5.)— 11. (Compare Tibull., 1. c.)— 12. (De Tranq. 
An., 9.)— 13. (xiv., 186.)— 14. (Becker, G;Jlus, i., p 163-174) 
—15. (Gaius, i., 11.)— 16. (Claud., c. 21 ) 



LIBERIES 



LIBRA 



the manumitted slave was above thirty years of 
age, if he was the quiritarian property of his mas- 
ter, and if he was manumitted in proper form (legit- 
ime, justa et legitima manumissionc), he became a 
civis Romanus : if any of these conditions were 
wanting, he became a Latinus, and in some cases 
only a dediticius. (Vid. Manumissio.) Thus there 
were, as Ulpian observes, three kinds of liberti: 
cives Romani, Latini Juniani, and dediticii. 

The status of a civis Romanus and that of a dedi- 
ticius have been already described. (Vid. Civitas, 
Dediticii.) 

Originally, slaves who were so manumitted as 
not to become cives Romani, were still slaves ; but 
the praetor took them under his protection, and 
maintained their freedom, though he could not make 
them cives Romani. The lex Junia gave them a 
certain status, which was expressed by the phrase 
Latini Juniani : they were called Latini, says Gaius, 1 
because they were put on the same footing as the 
Latini coloniarii, and Juniani, because the Junia 
lex gave them freedom, whereas before they were 
by strict law (ex jure Quiritium) slaves. Gaius 2 
says that the lex Junia declared such manumitted 
persons to be as free as if they had been Roman 
citizens by birth (cives Romani ingenui), who had 
gone out from Rome to join a Latin colony, and 
thereby had become Latini coloniarii : this passage, 
which is not free from difficulty, is remarked on by 
Savigny. 3 

A Latinus could attain the civitas in several 
ways.* (Vid. Latinitas.) As the patria potestas 
was a jus peculiar to Roman citizens, it followed 
that a Latinus had not the patria potestas over his 
children. If, however, he had married either a 
Latina and had begotten a child, who would, of 
course, be a Latinus, or had married a Roman civis, 
and had begotten a child, which, by a senatus con- 
sultum of Hadrian, would be a Romanus civis, he 
might, by complying with the provisions of the lex 
iElia Sentia, in the former case obtain the civitas 
for himself, his wife, and child, and in both cases 
acquire the patria potestas over his child just as if 
the child had been born in justae nuptiae. 5 

In considering the legal condition of libertini, it 
is necessary to remember that even those who were 
cives Romani were not ingenui, and that their pa- 
troni had still certain rights with respect to them. 
The Latini were under some special incapacities ; 
for the lex Junia, which determined their status, 
neither gave them the power of making a will, nor 
of taking property under a will, nor of being named 
tutores in a will. They could not, therefore, take 
either as heredes or legatarii, but they could take 
by way of fideicommissum. 6 The sons of libertini 
were ingenui, but they could not have gentile rights ; 
and the descendants of libertini were sometimes 
taunted with their servile origin. 7 

The law which concerns the property (bona) of 
libertini may be appropriately considered under Pa- 
tecvua : see also Ingenui. 

L1BKRTUS (GREEK) (' kTzelevdepoe), a freed- 
man. It was not unfrequent for a master at Athens 
to restore a slave to freedom, or to allow him to 
purchase it. The state into which a slave thus en- 
tered was called dne? i .evdepia, and he was said to be 
xatf eavTov. 6 It is not quite certain whether those 
persons who are termed oi xopic. oIkovvtec 9 were 
likewise freedmen, as the grammarians assert, or 
whether they were persons yet in slavery, but living 
separated from their master's household ; but in 
Demosthenes 10 the expression x u pk ft*e* is evident- 

1. (i., 22; iii., 56.)— 2. (iii., 56.)— 3. (Zeitschrift, ix., p. 320.) 
—4. (Gaius, i., 28, &c— Ulp., Frag., tit. 3.)— 5. (Gaius, i., 30, 
66.)—$. (Gaius, i., 24.)— 7. (Hor., Senn., i., 6, 46.)— 8. (De- 
mosth., Pro Phorm., p. 945.)— 9. (Demosth., Philip., i., j 50.) 

10. (c. Euerg. et Mnesib., p 1161.) 



ly used as synonymous with " he has been emanci- 
pated." A slave, when manumitted, entered iota 
the status of a [aetoikgc (vid. Metoiccs), and, &a 
such, he had not only to pay the fxeroiKiov, but a 
triobolon in addition to it. This triobolon was 
probably the tax which slaveholders had to pay fcn 
the Republic for each slave they kept, so that the 
triobolon paid by freedmen was intended to indem- 
nify the state, which would otherwise have lost by 
every manumission of a slave. 1 The connexion of 
a freedman with his former master was, however, 
not broken off entirely on his manumission, for he 
had throughout his life to regard him as his patron 
(TTpoGTurnc), and to fulfil certain duties towards him. 
In what these duties consisted beyond the obliga 
tion of showing gratitude and respect towards his 
deliverer, and of taking him for his patron in all his 
affairs, is uncertain, though they seem to have been 
fixed by the laws of Athens. 2 Whether the rela- 
tion existing between a person and his freedman 
descended to the children of the latter, is likewise 
unknown. That a master, in case his freedman 
died, had some claims to his property, is clear from 
Isaeus. 3 The neglect of any of the duties which » 
freedman had towards his former master was pros- 
ecuted by the uTroaraaiov dinrj. (Vid. AII02TA 
2IOT A1KH.) 

The Spartans likewise restored their slaves somo 
times to freedom, but in what degree such freedmeji 
partook of the civic franchise is not known. That 
they could never receive the full Spartan franchise 
is expressly stated by Dion Chrysostomus ;* but 
Miiller 5 entertains the opinion that Spartan freed- 
men, after passing through several stages, might in 
the end obtain the full franchise ; this opinion, 
however, is more than doubtful. Spartan freedmen 
were frequently used in the armies and in the fleet, 
and were, according to Myro, 6 designated by the 
names of atyerai, adecxoroi, kpvK-fjpec, deonoaiovav 
rat, and veoda/uodeic.. 
LIBITLNA'RII. (Vid. Fuwrs, p. 459.) 
LIBRA, dim. LIBELLA (arad/iioc), a Balance, a 
pair of Scales. The principal parts of this instru- 
ment were, 1. The beam (vid. Jugdm), whence any- 
thing which is to be weighed is said vtto Cyybv dva- 
fk-fjd-nvaL, literally, " to be thrown under the beam." 7 
2. The two scales, called in Greek Takavra % and 
TrlacTiyye, 9 and in Latin lances. 10 (Vid. Lanx.) 
Hence the verb Ta/Mvrevo) is employed as equiva- 
lent to oTadfidu and to the Latin libro, and is applied 
as descriptive of an eagle balancing his wings in 
the air. 11 The beam w r as made without a tongue, 
being held by a ring or other appendage (ligula, 
(yvfia), fixed in the centre. (See the woodcut.) 
Specimens of bronze balances may be seen in the 
British Museum, and in other collections of anti- 
quities, and also of the steelyard (vid. Statera), 
which was used for the same purpose as the libra. 
The woodcut to the article Catena shows some ol 
the chains by which the scales are suspended from 
the beam. In the works of ancient art, the balance 
is also introduced emblematically in a great variety 
of ways. Cicero 12 mentions the balance of Critola- 
us, in which the good things of the soul were put 
into one scale, and those of the body and all exter- 
nal things into the other, and the first was found to 
outweigh the second, though it included both earth 

1. (B6ckh, Publ. Econ. of Athens, ii., p. 48.)— 2. (Meyer 
and Schom., Att. Proc, p. 473, &c. — Petit., Legg. Att., ii., 6, p. 
261. — Compare Plato, De Leg., xi., p. 915.) — 3. (De Nicostr. 
haered., c. 9. — Rhetor, ad Alex., i., 16. — Compare Bunsen, De 
Jur. heered. Ath., p. 51.)— 4. (Orat., xxxvi., p. 448, B.) — 5 
(Dor., iii., 3, i) 5.)— 6. (ap. Athen., vi., p. 271.)— 7. (^Elian, V. 
II., x., 6.)— 8. (Horn., II., viii., 69.— Id. ib., xii., 433.— Id. ib, 
xvi., 659.— Id. ib., xix., 223.— Id. ib., xxii., 209.— Aristoph.. 
Ran., 809.)— 9. (Aristoph., Ran., 1425.)— 10. (Vug., JEn., x;i- 
725.— Pers., iv., 10.— Cic, Acad.,iv.. 12.)— 11. (Fhdostrat. Jim 
Imag ., 6.— Welcker, ad loc.)— 12. (Tusc, v., 17.) 

589 



LIBRA. 



LIBRA, 



and sea. In Egyptian paintings the balance is often 
introduced for the sake of exhibiting the mode of 
comparing together the amount of a deceased man's 
merits and of his defects. The annexed woodcut 




is taken from a beautiful bronze, patera, representing 
Mercury and Apollo engaged in exploring the fates 
of Achilles and Memnon, by weighing the attendant 
genius of the one against that of the other. 1 A bal- 
ance is often represented on the reverse of the Ro- 
man imperial coins ; and, to indicate more distinctly 
its signification, it is frequently held by a female in 
her right hand, while she supports a cornucopia in 
her left, the words ^eqvitas avgvsti being inscribed 
on the margin, so as to denote the justice and im- 
partiality with which the emperors dispensed their 
bounty. 

The constellation libra is placed in the zodiac at 
the equinox, because it is the period of the year at 
which day and night are equally balanced. 3 

The mason's or carpenter's level was called libra 
or libella (whence the English name) on account of 
its resemblance in many respects to a balance. 3 
Hence the verb libro meant to level as well as 
to weigh. The woodcut to the article Circinus, 
which is inserted sideways, shows a libella fabrilis 
baving the form of the letter A, and the line and 
plummet (perpendiculum) depending from the apex. 

LIBRA or AS, a pound, the unit of weight 
among the Romans and Italians. Many ancient 
specimens of this weight, its parts and multiples, 
have come down to us ; but of these some are im- 
perfect, and the rest differ so much in weight that 
no satisfactory conclusion can be drawn from them. 
The difference between some of these specimens is 
as much as two ounces. An account of some of 
the most remarkable of them is given by Hussey* 
and Bockh. 5 This variety is to be accounted for 
partly by the well-known carelessness of the Ro- 
mans in keeping to their standards of weights, and 
partly by the fact that many of the extant weights 
are from provincial towns, in which this careless- 
ness was notoriously greater than in the metropolis. 

The Roman coins furnish a mode of calculating 
the weight of the libra, which has been more relied 
on than any other by most modern writers. The 
As will not help us in this calculation, because its 
weight, though originally a pound, was very early 
diminished, and the existing specimens differ from 
each other very greatly. (Vid. As.) We must, 
therefore, look only to the silver and gold coins. 
Now the average weight of the extant specimens 
of the denarius is about 60 grains, and in the early 
ages of the coinage 84 denarii went to the pound. 
(Vid. Denarius.) The pound, then, by this calcula- 



1. (Wi nek elm arm, Mori. Ined., 133.— Millin, Peint. de Vases 
Ant.,t. i., pi. 19, p. 39.)-2. (Virg., Georg., i., 208.— Plin., H. 
N., xviii., 25.— Schol. in Arat., 89.)— 3. (Varro, De Re Rust., 
i., 6.— Columella, iii., 13.— Plin., H. N., xxxvi., 22.)— 4. (An- 
cient Weights, &-c, ix., t) 3.)— 5. (Metrolug. Untersuch., p 170.) 
590 



tion, would contain 5040 grains. Again, the auret 
of the early gold coinage were equal in weight to 
a scrupulum and its multiples. ( Vid. Aijrum.) Now 
the scrupulum was the 288th part of the pound 
(vid. Uncia), and the average of the scrupular aurej 
has been found by Letronne to be about 17| grains 
Hence the pound would be 288 X 17^ = 5040 grains, 
as before. The next aurei coined were, according 
to Pliny, 40 to the pound, and, therefore, if the above 
calculation be right, =126 grains ; and we do find 
many of this weight. But, well as these results 
hang together, there is great doubt of their truth : 
for, besides the uncertainty which always attends 
the process of calculating a larger quantity from a 
smaller, on account of the multiplication of a smal! 
error, we have every reason to believe that the ex- 
isting coins do not come up to their nominal weight, 
for there was an early tendency in the Roman mint 
to make money below weight 1 (compare As, Aurum, 
Denarius), and we have no proof that any extant 
coins belonged to the very earliest coinage, and, 
therefore, no security that they may not have been 
depreciated. In fact, there are many specimens of 
the denarius extant which weigh more than the 
above average of 60 grains. It is therefore proba- 
ble that the weight of 5040 grains, obtained from 
this source, is too little. 

Another mode of determining the pound is from 
the relation between the Roman weights and meas- 
ures. The chief measures which aid us in this in- 
quiry are the amphora, or quadrantal, and the con- 
gius. The solid contents of the amphora were 
equal to a cube of which the side was one Roman 
foot, and the weight of water it contained was 80 
pounds, i Hence, if we can ascertain the length of 
the Roman foot independently, it will give us the 
solid contents of the amphora, from which we can 
deduce the weight of the Roman pound. But. it 
may be obtained at once from the congius of Ves- 
pasian, which holds 10 Roman pounds, and was 
found by Dr. Hase (in 1721) to contain 5203769 
grains troy of distilled water. (Vid. Congius.) 
This would give for the pound 5203769 grains troy, 
or very nearly 5204 grains =11$ ounces and 6045 
grains. By another experiment (in 1680), Auzout 
found the congius to contain 514632 grains troy. 
This would make the pound 514632 grains troy, 
which is only 57449 grains less than before. Hus- 
sey considers that Dr. Hase's experiment is more 
to be relied on than Auzout's, as being more re- 
cent. The difference may be partly owing to an- 
other cause, which throws doubt on the whole 
calculation. The interior surface of the congius 
may have been injured by time and other causes, 
and its capacity therefore increased. Wurm as- 
serts this as a fact. 2 Again, the nature of the 
fluid employed in the experiment, its temperature, 
and the height of the barometer, would all influence 
the result, and the error from these sources must 
occur twice, namely, at the original making of the 
congius, and at the recent weighing of its contents. 
Still these errors are probably small, and therefore 
we may take the weight of 5204 grains troy, as ob- 
tained from this experiment, to be the nearest ap- 
proximation to the weight of the Roman pound. 
This result very little exceeds that obtained from 
the coins ; and as we have seen that the latter give 
too small a weight, the excess may be viewed rath- 
er as a correction than a contradiction. For it 
gives as the weight of the denarius of 84 to the 
pound nearly 62 grains, and many denarii weigh as 
much, or even more. The scruple would be 1807 
grains, wnich only exceeds the average of extant 
specimens by about half a grain. 3 Wurm, who de- 

1. (Plin., H. N., xxxiii., 13,46.)— 2. (De Pond., &c.,p. 78.)- 
3. (Vid. Hussey, Anrierit Weights, dec. chap, ix.) 



LIBRATOR. 



LICHEN. 



peus solely on the coins, makes it 5053635 grains 
troy, 1 and Bockh arrives at nearly the same result. 8 
The uncial division, which has been noticed in 
speaking of the coin As, was also applied to the 
weight. The following table shows the divisions 
of the pound, with their value in ounces and grains, 
avoirdupois weight : 

I uciae. Oz. Grs. 

As or Libra 12 llf 60- 45 

Deunx 11 10f 64- 54 

Dextans or Decuncis . . 10 9£ 38- 50 

Dodrans 9 8} 42- 57 

Bes or Bessis .... 8 7 J 76-75 

Septunx 7 6} 80- 88 

Semis or Semissis ... 6 5| 84- 95 

Quincunx 5 4* 89- 05 

Triens 4 3| 93- 14 

Quadrans or Teruncius . 3 2f 97- 21 

Sextans 2 If 101- 29 

Sescuncia or Sescunx . H l| 103624 

Uncia 1 0£ 105- 36 

or 433 666 

The divisions of the ounce are given under Un- 
cia. Where the word pondo, or its abbreviations p. 
or pond., occur with a simple number, the weight 
understood is the libra. 

The name libra was also given to a measure of 
horn, divided into twelve equal parts (uncia) by 
lines marked on it, and used for measuring oil. 3 

LIBRA'RII, the name of slaves who were em- 
ployed by their masters in writing or copying in 
any way. They must be distinguished from the 
scribae publici, who were freemen (vid. Scrib^e), 
and also from the booksellers {vid. Bibliopola), to 
both of whom this name was also applied. The 
slaves to whom the name of librarii was given may 
\iQ divided into three classes : 

1 . Librarii who were employed in copying books, 
called scriptores librarii by Horace. 4 These librarii 
were also called in later times antiquarii. b Isiodore 5 
«ays that the librarii copied both old and new books, 
while the antiquarii copied only old books. Bec- 
ker, 7 however, thinks that, when the cursive charac- 
ter came into general use, the name of antiquarii 
was applied to the copyists who transcribed books 
in the old uncial character. The name of librarii 
was also given to those who bound books, 8 and to 
those who had the care of libraries. 

2. Librarii a studiis were slaves who were em- 
ployed by their masters, when studying, to make ex- 
tracts from books, &c. 9 To this class the notarii, 
or short-hand writers, belonged, who could write 
down rapidly whatever their masters dictated to 
them. 10 

3. Librarii ab cpistolis, whose principal duty was 
to write letters from their masters' dictation. 11 To 
this class belonged the slaves called ad manum, a 
manu, or amanuenses. {Vid. Amanuensis.) 

LIBRA'TOR is, in general, a person who exam- 
ines things by a Libra ; but the name was, in par- 
ticular, applied to two kinds of persons. 

1. Libralor aqua, a person whose knowledge was 
indispensable in the construction of aquaeducts, sew- 
ers, and other structures for the purpose of convey- 
ing a fluid from one place to another. He examin- 
ed by a hydrostatic balance {libra aquaria) the rela- 
tive heights of the places from and to which the 
water was to be conducted. Some persons at Rome 
made this occupation their business, and were en- 

1. (De Pond., &c, p. 16.)— 2. (Metrolog. Untersuch., f> 9.) — 
3. (Suet., Jul., c. 38.— Galen, De Comp. Med. Gen., i., 17 ; vi., 
8.— Hor., Sat., II., ii., 59-61.)— 4. (Ep. ad Pis., 354.)— 5. (Cod. 
12, tit. 19, s. 10.— Cod. Theod., 4, tit. 8. s. 2.— Isid., Ori«\, vi., 
14.)— 6. (1. c.)— 7. (Gallus, i., p. 164.)— 8. (Cic. ad Att., iv., 4.) 
—9. (Orelli, laser., 719. — Suet., Claud., 28. — Cic. ad Fara., 
xvi., 21.) — 10. (Plin., Ep., iii., 5. — Martial, xiv., 208.) — 11. 
♦Orelli. laser., 2437, 2997. &c.— Becker, Gallus, i., p. 180.^ 



gaged under the curatores aquarum, though architect 
were also expected to be able to act as libratores. 1 

2. Libratores in the armies were pubably soldiers 
who attacked the enemy by hurling with their own 
hands \librando) lances or spears against them.' 
Lipsius* thinks that the libratores were men who 
threw darts or stones against the enemy by means 
of machines, tormenta.* But this supposition cau 
scarcely be supported by any good authority. Du- 
ring the time of the Republic, libratores are not men- 
tioned in the Roman armies. 

LFBRIPENS. {Vid. Mancipatio.) 

LIBURNA, LIBU'RNICA {Aitvpvlc, AiSvpvov), 
commonly a bireme with the mast amidship, as ap 
pears from Lucian, 5 but not unfrequently of large* 
bulk, as may be inferred from comparing Florus, iv., 
2, with Suetonius, Octav., 17, from which passages 
we learn that the fleet of Augustus at Actium con- 
sisted of vessels from the trieres, the lowest line 
of battle ship, to the hexeres, and that the ships 
were Liburnicae. Horace 6 alludes to the immense 
size of the ships of Antony compared with these 
Liburnicae. From the description of them by Varro, 
as quoted by A. Gellius, 7 they appear to have been 
originally somewhat similar to the light Indian 
boats, literally sewn together, which are now used 
to cross the surf in Madras Roads. The Liburni 
stitched the planks of their boats together probably 
only in their earliest and rudest shape, as is still 
the practice in Malabar. Pliny 8 informs us that the 
material of which these vessels were constructed 
was pine timber, as clear from resin as could be ob- 
tained. The piratical habits of the Illyrian nation, 
from whose ships the Romans affixed this term to 
their own, are described by Appian, 9 who also con- 
firms Lucian in the statement that they were com- 
monly biremes. From its resemblance in shape to 
these vessels, the Liburnum or litter derives its 
name. Its convenience is well described by Juve- 
nal, 10 though some commentators think that this 
passage refers to Liburnian slaves who carried the 
litter. The sharpness of the beak of these ships, 
which was probably of also great weight (Bockh 
conjectures in the trieres of nearly four talents), is 
clearly indicated by Pliny. 11 The same writer also 
informs us that they were constructed sharp in the 
bows, to offer the least possible resistance to the 
water. The Navis Rostrata and Liburnica were 
the same. 12 

The term Liburna became incorporated into the 
Latin tongue simply from the assistance rendered 
to Augustus by the Liburni as a maritime power at 
the battle of Actium. From this period, experience 
having shown their efficiency, this class of vessels 
became generally adopted by the Romans. 13 In a 
similar manner, many naval terms, from the excel- 
lence of a foreign construction, have been intro- 
duced into our language from the Dutch, French, 
Spanish, and Italian, as brigantine, galleon, felucca, 
frigate, &c. After the period of the naturalization 
of the word in the Latin language, it lost its local 
and particular force, and became applied to otter 
kinds of ships. 

LICHAS. {Vid. Pes.) 

♦LICHEN &eixf/v), the Lichen. " The Lichen 
of Pliny," observes Adams, " would appear to be 
different from that of Dioscorides. The former is 
the Marchantia conica, L. The other is not so easi- 
ly determined. Sprengel inclines to the Peltigera 

1. (Plin., Epist., x., 50. — Frontin.. De Aquaed., 105. — Compare 
Vitruv., viii., 6. — Cod. 10, tit. 66, s. 1.)— 2. (Tacit., Ann., ii., 
20. — Id. ib., xiii., 39. — In both these passages some MSS. hava 
11 libritores.") — 3. (ad Tacit., Ann., 1. c.'; — 4. (Compare his Poli- 
orcet., iv., 3.)— 5. (Vol. v., p. 262, ed. Bip.)— 6. (Epod., i., 1.)- 
7. (xvii., 3.)— 8. (H. N., xvi., 17.)-9. (De Bell. Illyr., 3.) — 10 
(iii., 240.)— 11. (H. N., x., 32.)- -12. (Plin., H. N., ix., 5.)— 13 
(Veget., iv.. 23 ^ 

591 



LIGUSTRUM. 



LIMBUS. 



tanina, sive Aphlhosa, Hoffm. The "keixvveg Innuv, 
described in the M.M. of the ancients, were the 
well-known callosities which form at the knees of 
horses, called spavins in English, and Veparvin in 
French. The term Ielxvv was also applied to a 
cutaneous disease allied to leprosy." 

LICFNLE ROGATIO'NES. (Vid. Rogationks 

LlCINLdS.) 

LICTOR, a public officer, who attended on the 
chief Roman magistrates. The number which wait- 
ed on the different magistrates is stated in the arti- 
cle Fasces. 

The office of lictor is said to have been derived 
by Romulus from the Etruscans. 1 The etymology 
of the name is doubtful ; Gellius 2 connects it with 
the verb ligare, because the lictors had to bind the 
hands and feet of criminals before they were pun- 
ished. The lictors went before the magistrates one 
by one in a line ; he who went last or next to the 
magistrate was called proximus lictor, to whom the 
magistrate gave his commands ; 3 and, as this lictor 
was always the principal one, we also find him call- 
ed primus lictor* which expression some modern 
writers have erroneously supposed to refer to the 
ictor who went first. 

The lictors had to inflict punishment on those who 
were condemned, especially in the case of Roman 
citizens ; 5 for foreigners and slaves were punished 
by the carnifex ; and they also, probably, had to as- 
sist in some cases in the execution of a decree or 
judgment in a civil suit. The lictors also command- 
ed (animadverterunt) persons to pay proper respect 
to a magistrate passing by, which consisted in dis- 
mounting from horseback, uncovering the head, 
standing out of the way, &c. 6 

The lictors were originally chosen from the plebs, 7 
but afterward appear to have been generally freed- 
men, probably of the magistrate on whom they at- 
tended. 8 

Jac&CTS were properly only granted to those ma- 
£;6trafes who had the imperium. Consequently, the 
tribunes of the plebs never had lictors, 9 nor several 
of the other magistrates. Sometimes, however, lic- 
tors were granted to persons as a mark of respect 
or for the sake of protection. Thus, by a law of the 
triumvirs, every vestal virgin was accompanied by 
a lictor whenever she went out, 10 and the honour of 
one or two lictors was usually granted to the wives 
and other female members of the imperial family. 11 

There were also thirty lictors, called Lictores Cu- 
riati, whose duty it was to summon the curiee to 
the comitia curiata ; and when these meetings be- 
came little more than a form, their suffrages were 
represented by the thirty lictors. 12 

LIGO {diKsTCka or ftaKehAa) was a hatchet formed 
either of one broad iron or of two curved iron prongs, 
which was used by the ancient husbandmen to clear 
the fields from weeds. 13 The ligo seems also to 
have been used in digging the soil and breaking the 
clods. 1 * 

LPGULA, a Roman measure of capacity, con- 
taining one fourth of the Cyathus, and therefore 
equal to 0206 of a pint English. 15 

♦LIGUSTRUM, a plant about which considera- 
ble uncertainty prevails. It is commonly, howev- 
er, regarded as the Privet. Virgil mentions it in 

1. (Liv., i., 8.)— 2. (xii., 3.)— 3. (Liv., xxiv., 44.— Sail., Jug-., 
12.— Cic. in Verr., 2, Act. v., 54. -De Div., i., 28.— Orelli, In- 
scr., 3218.)— 4. (Cic. ad Quint. Fratr., i., 1, $ 7.) — 5. (Liv., ii., 
5.— Id., \ni., 7.)— 6. (Liv., xxiv., 44.— Sen., Ep., 64.)— 7. (Liv., 
ii., 55.)— 8. (Compare Tacit., Ann., xiii., 27.)— 9. (Plut, Queest. 
Rom., 81.)— 10. (Dion Cass., xlvii., 19.) — 11. (Tacit., Ann., i., 
14— Id. ib., xiii., 2.)— 12. (Gell., xv., 27.— Cic, Agr., ii., 12.— 
Orelli, Inscr., 2176, 2922, 3240.)— 13. (Ovid, Ex Pont., i., 8, 59. 
—Mart., iv., 64.— Stat., Theb., iii., 589.— Colum., x., 89.) — 14. 
(Hor., Carm., iii., 6, 38.— Epist., i., 14, 27.— Ovid, Am., iii., 10, 
31. — Compare Dickson, on the Husbandry of the Ancients, i., 
p. 415.)— 15. (Columella, R. R., xii., 21.) 
592 



one of his Eclogues, but all that can be gathered 
from what he says of it is, that the flowers are 
white and of no value. " Pliny," observes Martyn, 
" says it is a tree, for in the 24th chapter of the 12th 
book, where he is speaking of the cypros of Egypt, 
he uses the following words : ' Quidam banc esse 
dicunt arbor em quae in Italia Ligustrum vocatur.' 
Thus, also, we find in the tenth chapter of the 24th 
book, • Ligustrum eadem arbor est quai in Oriente 
cypros.' If the ligustrum of Pliny was that which 
is now commonly known by that name, by us call- 
ed privet or primprint, and by the Italians guistrico, 
which seems a corruption of ligustrum, then he was 
mistaken in affirming it to be the same with the 
cypros of Egypt, which is the elhanne or alcanna. 
Matthiolus, in his commentaries on Dioscorides, 
says that Servius, among others, took the ligustrum 
to be that sort of convolvulus which we call great 
bindweed. Where Matthiolus found this opinion of 
Servius I cannot tell, unless he made use of some 
copy very different from those which we now have. 
We find no more in our copies of Servius than that 
the ligustrum is a very white but contemptible flow- 
er. Still it must be acknowledged that the great 
bindweed has a very fair claim to be accounted the 
ligustrum of Virgil, on account of its name being 
derived from 'binding' (a ligando), from the pure 
whiteness of its flower, and from its being, at the 
same time, a contemptible weed. We may also, 
with good reason, suspect that our privet is not the 
plant intended, because the flowers are not fair 
enough, and yet are too sweet to be reiected with 
contempt. But it weighs something on the other 
side, that Pliny has called the ligustrum a tree in 
two different places. In conformity, therefore, with 
the most common opinion, I have translated the 
term ligustrum by ' privet ;' but if any one would 
change it for * bindweed,' I shall not greatly contend 
with him." 1 

*LIGUST'ICUM (AiyvoriKov). "Woodville 
agrees with the earlier commentators on Dioscori- 
des and Galen, in referring this to the well-known 
plant, the Ligusticum Levisticum, or common Lov- 
age ; but this opinion is questioned by Alston 
Sprengel, also, is not quite satisfied, and rather in 
clines to the Laserpitium Siler. Apicius recom- 
mends it frequently as a condiment." 2 

*LII/IUM (Kpivov), the Lily, or Lilium candidum, 
L. The Persian term laleh, which is a name for 
all the liliaceous plants, and especially for the tulip 
(of which last the ancients knew nothing), has pass- 
ed, on the one hand, into the family of Northern 
languages, under the forms of "Zz7y," " lilie," &c , 
and on the other into the Greek and Latin, for lei- 
piov and lilium only differ by a very usual change 
of letters. (Vid. Lirium.) "We need have no 
hesitation," remarks Adams, "in determining the 
common Kpivov of the Greeks to have been the Lil- 
ium candidum, L. Dioscorides describes another 
species with purple flowers, which Sprengel is in 
doubt whether to set down as the Lilium martagon 
or L. Chalcedonicum. ,,a 

LIMA, a File, was made of iron or steel, for the 
purpose of polishing metal or stone, and appears to 
have been of the same form as the instruments used 
for similar purposes in modern times.* 

LIMBUS (napvfr/), the border of a tunic 5 or a 
scarf. 6 This ornament, when displayed upon the 
tunic, was of a similar kind with the Cyclas and 
Instita, 7 but much less expensive, more common 
and more simple. It was generally woven in the 



1. (Martyn ad Virg., Eclog-., ii., 18.) — 2. (Dioscor., iii., 51.-— 
Adams, Append., s. v.)— 3. (Fee, Flore de Virgile, p. lxxviii.-- 
Adams, Append., s. v. \tipiov.)— 4. (Plin., H. N., xxxvii., 8, 33. 
—Id. ib., ix., 35, 54.— Id. ib., xxviii., 9, 41.— Plaut., Menaech., 1., 
i., 9.)— 5. (Corippus, De Laud. Just., ii., 117.)— 6. (Virg., &u.. 
iv., 137.— Serv. in ioc.)— 7. (Serv. in Virg., JEn., ii., P6 



LINEA. 



LIPARiEUlS LAPIS. 



sdii e piece with the entire garment of which it 
formed a part, and it had sometimes the appearance 
of a scarlet or purple band upon a white ground ; 
in other instances it resembled foliage, 1 or the scrolls 
and meanders introduced in architecture. A very 
elegant effect was produced by bands of gold thread 
interwoven in cloth of Tyrian purple, 8 and called 
ATjpoc or leria. 3 Demetrius Poliorcetes was arrayed 
in this manner (xpvooTrapvfyoiq dXovpyloi*). Vir- 
gil 5 mentions a scarf enriched with gold, the border 
of which was in the form of a double meander. In 
illustration of this account, examples of both the 
single and the double meander are introduced at the 
u -) of the annexed woodcut. The other eight spe- 



^^^#^H^ 



^ISI^SMlSIQJI^ 



BOB 




* 



1 @d^)JI)cl©^ 




crmens of limbi are selected to show some of ths 
principal varieties of this ornament, which present 
themselves on Etruscan vases and other works of 
ancient art. The effect of the limbus as a part of 
the dress is seen in the woodcuts at pages 27, 9-3, 
188, 208, 225, 314. 

The use of the limbus was almost confined to the 
female sex among the Greeks and Romans, but in 
other nations it was admitted into the dress of men 
likewise. 

An ornamental band, when used by itself as a 
fillet to surround the temples or the waist, was also 
called limbus. 6 Probably the limbolarii mentioned 
by Plautus 7 were persons employed in making bands 
of this description. 

LIMEN. ( Vid. Janua, p. 524.) 

LIMES. (Vid. Agrimensores.) 

LIMIT A'TIO. (Vid. Agrimensores.) 

LI'NEA, dim. LINE'OLA, a linen thread or string 
ffrom Union, flax), a line. 8 A string smeared with 
raddle (rubrica, /iHtoq) and drawn tight, was used 
by carpenters and masons to impress a straight 
mark upon boards of wood, slabs of marble, &c.' 
Hence arose the proverb arudfinc aKpttearepnc, mean- 
ing " more exact than rectitude itself." 10 Since the 
string made no mark unless coloured, the pursuit of 
an object without discrimination and distinctness of 
purpose was called using the linea alba, or Xcvkij 
oTddfin. 11 The cup or box used to hold the raddle 
was called /uXreiov. 12 

By an extension of the signification, any straight 
mark (ypafiui]), however produced, was called 
linea; 13 and hence the same terms, both in Latin 
ind Greek (linea, ypauurj), were applied to a mathe- 
matical line. 1 * Hence, also, a narrow boundary of 
any kind was denoted by these terms, and especial- 



ly the boundary of human life, 1 and the boundary 
in the stadium from which the combatants started 
or at which they stopped. 8 

Linea also meant a fishing-line ; the line used in 
sounding (vid. Catapirater) ; that employed in ag- 
riculture and gardening ; 3 and a measuring-line.* 

*LINOSPARTUM (favoairapTov), according to 
Stackhouse, the Lygeum spartum. Sprengel hold? 
that it is either this or the Stipa terracissima. 5 

*LINOSPERMUM (Xtvoairepfiov), Linseed, use*' 
as an article in the ancient Materia Medica. 6 

LINTER, a boat similar to the fiovo^vla nlola, 
used, according to Pliny, 7 on the Malabar coast. 
The ancient British boat, at present in the court- 
yard of the Museum, formed of one tree, gives an 
excellent exemplification of the rudest form of the 
hnter. Pliny 8 tells us that the Germans had boats 
of this description that held thirty men, and the 
British vessel just alluded to would certainly carry 
nearly this complement. The passage in Tacitus' 
is too corrupt to be admitted as any authority for a 
larger description of ships being included under this 
term. In Ovid 10 it is applied to Charon's bark, 
which was obviously worked by a single man. 
Caesar separates the linter from the navis, 11 and 
also represents the former as one remove, in early 
boat-building, from the ratis or raft. 18 In another 
passage 13 he classes them with the scaphae. Tibul- 
lus 1 * represents them to have been of light draught 
of water, like our wherries. 

" Et qua Velabri regio patet ire solebat 
Exiguus puis a per vada linter aqua.'" 

Ausonius 15 indicates that a chain of them formed 
a pontoon, and also classes them with the other light 
boats. 16 Horace 17 describes the linter as a towboat 
worked by a single mule, which differs from the 
sense affixed to it by Propertius, 18 who distinguishes 
between the swift linter and the slow ratio or tow 
boat. 

" Et mode iar.A. celcres mireris currere lintres 
Et modo tam iardas funibus ire rates." 

These passages give a twofold sense to linter or 
wherry and towboat. 

The name linter was also applied to a kind ot 
tub or trough made of one block of wood, which 
was used by country people for various purposes, 
such as for conveying and pressing the grapes. 19 

*LINUM Ckivov), the Linum usitatissimum, or 
common Flax. " Most authors agree with Virgil," 
observes Martyn, " that flax burns or impoverishes 
the soil. Columella says it is so exceedingly nox- 
ious that it is not safe to sow it, unless you have a 
prospect of great advantage from it. ' Lini semen, 
nisi magnus est ejus in ea regione quam colis proven- 
tus, et pretium proritat, serendum non est ; agris er.im 
prcecipue noxium est.'' " 80 

*LINUM VI VUM, Asbestine linen, or linen made 
out of Asbestos. (Vid. Amianthus, Asbestos.) 

*LIPAR^EUS LAPIS, a stone of which Sir 
John Hill speaks as follows : " The Lipara stone is 
a small stone, usually about the bigness of a filbert, 
of an irregular and uncertain shape, and porous, 
friable constitution, like that of the pumices, but 
more easily crumbling into powder between the 
fingers than even the softest kind of them. The 
colour is generally a dusky gray, and the whole ex- 



1. ( Virg., JEn., i., 649.— Ovid, Met., vi., 127.)— 2. (Ovid, Met., 
r., 51.)— 3. (Festus, s. v.— Brunck, Anal., i., 483.) — 4. (Plutarch, 
Demetr., 41.)— 5. (^En., v., 251.)— 6. (Stat., Theb., vi., 367.— Id., 
• chill., ii., 176.— Claud., De Cons. Mall.Theod., 118.)— 7. (Au- 

ul., III., v., 45.)— 8. (Varro, De Re Rust., i., 23.— Col., De Re 
Rust., viii., 11.)— 9. (Cato, De Re Rust., 14.— Horn., II., xv., 
410. — Od., v., 245. — lb., xvii., 341. — Schol. in 11. cc.)— 10. 
(Erasm., Chil.)— 11. (Gell., N. A., Pref.— Plato, Char., p. 63, 
ed. Heindorff.)— 12. (Brunck, Annl., i., 221.)— 13. (Gell., N. A., 

*., 1.)— 14. (Euclid.— Brunck, Anal., ii., 195.) 
4 F 




LITIS C0NTESTAT10. 



LITRON. 



ternal face of it evidently shows that it has suffered 
a change by fire." 1 Dr. Moore thinks that it was 
a kind of obsidian. 2 

^LITHARG'YRUS (Xiddf.yvpoc), Litharge. " The 
ancient Litharge, like the modern, was procured 
during the purification of silver from the lead with 
which it was usually combined in its natural state. 
The scoria or dross which is formed during the 
process, obtains the name of Litharge. In the lan- 
guage of modern chemistry, it is called the semi- 
vitrified protoxyde of lead." 3 

♦LITHOSPERMUM fri66o7repfiov), the Lithosper- 
mum officinale, or Gromwell.* 

LITHOSTRO'TA. ( Vid. House, Roman, p. 520.) 

LITIS CONTESTA'TIO. " Contestari" is when 
each party to a suit {uterque reus) says, " Testes 
estote." Two or more parties to a suit (adversarii) 
are said contestari litem, because, when the judici- 
um is arranged (ordinato judicio), each party is ac- 
customed to say, " Testes estote." 5 The Litis 
Contestatio was therefore so called because per- 
sons were called on by the parties to the suit to 
" bear witness," " to be witnesses." It is not here 
said what they were to be witnesses of, but it may 
be fairly inferred, from the use of the words contes- 
tatio and testatio in a similar sense in other pas- 
sages, 6 that this contestatio was the formal termi- 
nation of certain acts, of which the persons called 
to be witnesses were at some future time to bear 
record. Accordingly, the contestatio, spoken of in 
the passage of Festus, must refer to the words or- 
dinato judicio, that is, to the whole business that 
has taken place in jure, and which is now comple- 
ted. This interpretation seems to be confirmed by 
the following considerations. 

When the legis actiones were in force, the pro- 
cedure consisted of a series of oral acts and plead- 
ings. The whole procedure, as w T as the case after 
the introduction of the formulae, was divided into 
two parts, that before the magistratus, or in jure, 
and that before the judex, or in judicio. That be- 
fore the magistratus consisted of acts and words 
by the parties and by the magistratus, the result 
of which was the determination of the form and 
manner of the future proceedings in judicio. When 
the parties appeared before the judex, it would be 
necessary for him to be fully informed of all the 
proceedings in jure ; this was effected in later 
times by the formula, a written instrument under 
the authority of the praetor, which contained the 
result of all the transactions in jure in the form of 
instructions for the judex. But there is no evi- 
dence of any such written instructions having been 
used in the time of the legis actiones, and this 
must therefore have been effected in some other 
way. The Litis Contestatio, then, may be thus 
explained: the whole proceedings in jure took 
place before witnesses, and the contestatio w T as the 
conclusion of these proceedings ; and it was the 
act by which the litigant parties called on the wit- 
nesses to bear record before the judex of what had 
taken place injure. 

This, which seems a probable explanation of the 
original meaning of Litis Contestatio, may be com- 
pared^ to some extent, with the apparently original 
sense of recorder and recording in English law. 7 

When the formula was introduced, the Litis 
Contestatio would be unnecessary, and there ap- 
pears, ro trace of it in its original sense in the class- 
ical jurists. Still the expressions Litis Contesta- 
tio and "Lis Contestata frequently occur in the Pan- 



1. fHrll.ad Theophrast., De Lapid.,c. 25.)— 2. (Anc. Minerpl- 
ogy, p. 132.) — 3. (Dioscor., v., 102. — Adams, Append., s. v.)— 4. 
(Dioscor., iii., 148.)— 5. (Festus, s. v. Contestari.) — 6. (Dig. 28, 
tit 1,»,:20.— Ulp M Frag., xx. f f. 9.) — 7. (Penny Cyclopaedia, 
art. Recorder.) 
£94 



dect, but only in the sense of the completion jf thft 
proceedings in jure, and this is the meaning .of the 
phrases Ante litem contestatam, Post litem eontes- 
tatam. 1 As the Litis Contestatio was originally 
and properly the termination of the proceedings in 
jure, it is easily conceivable that, after this form 
had fallen into disuse, the name should still be re- 
tained to express the conclusion of such proceed- 
ings. When the phrase Litem Contestari occurs 
in the classical jurists, it can mean nothing more 
than the proceedings by which the parties termi- 
nate the procedure in jure, and so prepare the mat- 
ter in dispute for the investigation of the judex. 

It appears from the passage in Festus that the 
phrase Contestari litem was used because the 
words " Testes estote" were uttered by the partie? 
after the judicium ordinatum. It was therefore 
the uttering of the words "Testes estote" which 
gave rise to the phrase Litis Contestatio ; but this 
does not inform us what the Litis Contestatio prop- 
erly was. Still, as the name of a thing is derived 
from that which constitutes its essence, it may be 
that the name here expresses the thing, that is, 
that the Litis Contestatio was so called for the 
reason which Festus gives, and that it also consist- 
ed in the litigant parties calling on the witnesses 
to bear record. But as it is usual for the whole of 
a thing to take its name from some special part, so 
it may be that the Litis Contestatio, in the time of 
the legis actiones, was equivalent to the whole 
proceedings in jure, and that the whole was so 
called from that part which completed it. 

The time when the proper Litis Contestatio fell 
into disuse cannot be determined, though it would 
seem that this must have taken place with the 
passing of the JEbutia lex and the two leges Juliae, 
which did away with the legis actiones except in 
certain cases. It is also uncertain if the proper 
Litis Contestatio still existed in those legis actio- 
nes which were not interfered with by the leges 
above mentioned ; and if so, whether it existed in 
the old form or in a modified shape. 

This view of the matter is by Keller, in his well- 
written treatise " Ueber Litis Contestation und 
Urtheil nach Ciassischem Romischem Recht," Zu- 
rich, 1827. Other opinions are noticed in his 
work. The author labours particularly to show 
that the expression Litis Contestatio always refers 
to the proceedings in jure, and never to those in 
judicio. 

LITRA, a Sicilian silver coin, which was equal 
in value to the iEginetan obol. (Vid. Drachma.) 
Since the word has no root in the Greek language, 
but is merely the Greek form of the Latin libra, 3 
and since we find it forming part of an uncial sys- 
tem similar to that used in the Roman and Italian 
weights and money (vid. As, Libra), its twelfth 
part being called byicia (the Roman uncia), and six. 
five, four, three, and two of these twelfth parts be- 
ing denominated respectively rnuXirpov, TtevToyniov, 
rerpuc, rpidg, and i%ac, it is evident that the Greeks 
of Sicily, having brought with them the IEginetan 
obol, afterward assimilated their system of coinage 
to that used by their Italian neighbours, making 
their obol to answer to the libra, under the name of 
?urpa. In the same way, a Corinthian stater of wn 
obols was called in Syracuse a (kKuXtrpov, or piece 
often litras. 3 

The cotyla, used for measuring oil, which is men- 
tioned by Galen (vid. Cotyla), is also called by him 
llrpa. Here the word is only a Greek form o/ 
libra. (Vid. Libra, sub fin.) 

*LITRON. (Vid. Nitron.) 

1. (Gaius, iii., 180 ; iv., 114.)— 2. (Festus, s. v. Lues : " Airpa 
enim libra eat.") — 3. (Aristot. ap. Pollux, iv., 24, 173 ; fat., 6, 
80.— Miiller, Dorians, iii.. 10, t) 12.) 



LOCATIO. 



LOGOGRAPHOI. 



Ll'TUUS. Miiller 1 supposes tMs to be an Etrus- 
r an word signifying crooked. In the Latin writers 
it is used to denote, 

1. The crooked staff borne by the augurs, with 
which they divided the expanse of heaven, when 
viewed with reference to divination (lemplum), into 
regions (regioncs) ; the number of these, according 
to the Etruscan discipline, being sixteen, according 
to Roman practice, four. 2 Cicero 3 describes the 
lituus as " incurvum ct Itvitcr a summo injlexum ba- 
cileum ;" and Livy* as " baculum sine nodo aduncum." 
It is very frequently exhibited upon works of art. 
The figure in the middle of the following illustra- 
tions is from a most ancient specimen of Etruscan 
sculpture in the possession of Inghirami, 6 repre- 
ecnting an augur ; the two others are Roman de- 
narii. 








2. A sort of trumpet slightly curved at the extrem- 
ity. 6 It differed both from the tuba and the cornu, 7 
the former being straight, while the latter was bent 
round into a spiral shape. Lydus 8 calls the lituus 
the sacerdotal trumpet (LepaTinriv ouXTuyya), and 
says that it was employed by Romulus when he 
proclaimed the title of his city. Aero 9 asserts that 
it was peculiar to cavalry, while the tuba belonged 
to infantry. Its tones are usually characterized as 
harsh and shrill (stridor lituum ; 10 sonitus acutos 11 ). 
The following representation is from Fabretti. 




S$ 



JA.XJE. (Vid. Calones.) 

LOCA'TI ET CONDUCTI ACTIO. (Vid. Lo- 

CATIO.) 

LOCA'TIO, CONDU'CTIO. This contract ex- 
ists when a certain sum of money (certa merces) is 
agreed to be given by one person in consideration 
of certain work and labour to be done by another, 
or in consideration of such oiher person allowing 
the use and enjoyment of a thing which is to be re- 
turned. The parties to such a contract were re- 
spectively the locator and conductor. The rules 
as to locatio and conductio were similar to those 
which concerned buying and selling (emtio et ven- 
■iitio). This being the definition, a question often 
arose whether the contract was one of locatio and 
conductio ; as in the case where a thing was given 
to a man to be used, and he gave the lender another 
tiling to be used. Sometimes it was doubted wheth- 
er the contract was locatio and conductio or em- 

1. (Die Etrusker, iv., 1, 5.)— 2. (Miiller, iii., 6, 1.— Cic, De 
Div., ii., 18.)— 3. (De Div., i.,7.)— 4. (i., 18.)— 5. (Monumenti 
Etiuschi, torn, vi., tav. P. 5, 1.)— 6. (Festus, s. v.— Gell., v., 8.) 
—7. (Hor., Carm., II., i., 17. — Lucan, i., 237.)— 8. (De Mens., 
iv , 50.)— 9. (ad Horat., Carm., I., i., 23.)— 10. (Lucan, i., 237.) 
— 11. (Ennias ap. Fest., s. v.— Stat., Theb., vi., 228, &c.— Vid. 
Md'ler, Die Etrusker, iv, 1, 5.) 



tio and venditio ; as in the case where a thing was 
let (locata) forever, as was done with lands belong- 
ing to municipia, which were let on the condition 
that, so long as the rent (vectigal) was paid, neither 
the conductor nor his heirs could be turned out of 
the land ; but the better opinion was in favour of 
this being a contract of locatio and conductio. 
( Vid. Emphyteusis.) Other questions of a like kind 
are proposed by Gaius. 1 

The locator had his action for the merces and 
the restitution of the thing, and generally in respect 
of all matters that formed a part of the contract 
(lex locationis). The conductor also had his action 
for the enjoyment of the thing ; and if the matter 
was something to be done (opera), there was an ac- 
tio ex conducto, and generally there was an action 
in respect of all things that formed part of the con- 
ductio (lex conductionis 2 ). 

LOCHUS. (Vid. Army, Greek, p. 98, 99, 100.) 

LO'CULUS. (Vid. Funus, p. 460.) 

LODIX, dim. LODI'CULA (auycov), a small shag- 
gy blanket. 3 Sometimes two lodices sewed to- 
gether were used as the coverlet of a bed.* The 
Emperor Augustus occasionally wrapped himself 
in a blanket of this description on account of its 
warmth. 5 It was also used as a carpet (ancilla lo- 
dic^lam in pavimento diligenter exlcndit 6 ). The Ro- 
mans obtained these blankets from Verona. 7 The 
lodix was nearly, if not altogether, the same as the 
sagulum worn by the Germans. 8 ( Vid. Sagum.) 

LOGISTAI. (Vid. Euthyne.) 

LOGO'GRAPHOI (Xoyoypafyoi) is a name applied 
by the Greeks to two distinct classes of persons. 

1. To the earlier Greek historians previous to 
Herodotus, though Thucydides 9 applies the name 
logographer to ail historians previous to himsel. r . 
and thus includes Herodotus among the number. 
The Ionians were the first of the Greeks who culti ■ 
vated history ; and the first logographer, who lived 
about Olym. 60, was Cadmus, a native of Miletus, 
who wrote a history of the foundation of his native 
city. The characteristic feature of all the logogra- 
phers previous to Herodotus is, that they seem tc 
have aimed more at amusing their hearers or read- 
ers than at imparting accurate historical knowledge. 
They described in prose the mythological subjects 
and traditions which had previously been treated 
of by the epic, and especially by the cyclic poets. 
The omissions in the narratives of their predeces- 
sors were probably filled up by traditions derived 
from other quarters, in order to produce, at least in 
form, a connected history. 10 

2. To persons who wrote judicial speeches or 
pleadings, and sold them to those who were in want 
of them. These persons were called loyo-rzoioi as 
well as XoyoypuQot. Antiphon, the orator, wau the 
first who practised this art at Athens, towards the 
close of the Peloponnesian war. 11 After this time, 
the custom of making and selling speeches became 
very general ; and though the persons who practised 
it were not very highly thought of, and placed on a 
par with the sophists, 12 yet we find that orators of 
great merit did not scruple to write speeches of va- 
rious kinds for other persons. Thus Lysias wrote 
for others numerous Xoyovc etc dacaoTfjpia re nai 
{3ov?mc Kal Trpbc kiailnoiac evdirovc, and, besides, nav 
vyvptKovc, epcjTucovc, and £7uoto?.ikovc. 13 

1. (iii., 142-147.)— 2. (Dig. 19, tit. 2.) — 3. (Juv., vii., 66.)— 
4. (Mart.,xiv., 148.)— 5. (Suet., Octav., 83.)— 6. (Petron., Sat., 
20.)— 7. (Mart., xiw, 152.)— 8. (Tac, Germ., 6.)— 9. (i.. 21.)— 
10. (Thirwall, Hist, of Greece, ii., p. 127, &c— Miiller, Hist, of 
Greek Lit., i., p. 206, &c. — Wachsmuth, Hellen. Alterth., ii., 2, 
p. 443, &c.)— 11. (Plut., Vit. Dec. Orat., p. 832, ed. Frankf.- 
Aristot., Rhet.,i., 33.)- 12. (Demosth., De Fa]s. Leg., p. 417, 
420.— Plat., Phaedr., p. 257, C.— Anaxim., Rhet., xxxvi., 22 and 
24.— Compare Plat., Euthyd., p. 272, A. ; 289, D. ; 305, A.)— IS 
(Dionyi. Hal., lys., p. 82, ed. Sylburg.- -Compare Meier :uti 
Sckom., Att. Proc., p. 707.) 

605 



LORICA. 



LORICA. 



AOIAOPIA2 AIKH. {Vid. KAKHPOPIAS AIKH.) 

*LOLIUM, Darnel, a common weed in cornfields. 
Virgil applies to it the epithet of infelix. 1 

LONCHE (Uyxn). (Vid. Hasta, p. 488.) 

♦LONCHI'TIS (koyxlTig), a plant, a kind of Fern. 
Dioscorides mentions two species, the first of which 
Matthiolus and Sprengel make to be the Serapius 
lingua. The other, according to Sprengel, is the 
Asnidium Lonchitis, Sw. 2 

LO'PE (Xutzv), LOPOS (Itiiroc), dim. LOPION 
(huiucv ), the ancient Greek name of the Amictus, 
whether consisting of the hide of an animal or of 
cloth. Having fallen into disuse as a colloquial or 
prosaic term, 3 it was retained, though employed 
very sparingly, by the poets. 4 We also find it re- 
tained in X(otzo6vtijc, literally, one who puts on the 
amictus, a term properly applicable to those persons 
who frequented the thermae in order to steal the 
clothes of the bathers 5 (vid. Baths, p. 147), but used 
in a more general sense to denote thieves and high- 
waymen of all classes. From the same root was 
formed the verb enXoTrifrLv, meaning to take off the 
amictus, to denude. 6 

LOPHOS. (Vid. Galea.) 

LORA'RII. (Vid. Flagrum.) 

LORFCA (i9<5pa£), a Cuirass. 

The epithet Tuvodupyt;, applied to two light-armed 
warriors in the Iliad, 7 and opposed to x a ^ K0 X lTuv i 
the common epithet of the Grecian soldiers, indi- 
cates the early use of the linen cuirass. It contin- 
ued to be worn to much later times among the 
Asiatics, especially the Persians, 8 the Egyptians, 
the Phoenicians, 9 and the Chalybes. 10 Iphicrates 
endeavoured to restore the use of it among the 
Greeks, 11 and it was occasionally adopted by the 
Romans, though considered a much less effectual 
defence than a cuirass of metal. 12 

A much stronger material for cuirasses was horn, 
which was applied to this use more especially by 
the Sarmatae and Quadi, being cut into small pieces, 
which were planed and polished, and fastened like 
feathers upon linen shirts. 13 Hoofs were employed 
for the same purpose. Pausanias, 14 having made 
mention of a thorax preserved in the Temple of 
^Esculapius at Athens, gives the following account 
of the Sarmatians : Having vast herds of horses, 
which they sometimes kill for food or for sacrifice, 
they collect their hoofs, cleanse and divide them, 
and shape them like the scales of a serpent (§o\i- 
ritv) ; they then bore them and sew them together, 



orlooTDd'j'O' 




1 (Virg., Georg., i., 154.)— 2. (Dioscor., iii., 151.)— 3. (Phryn., 
Eel, p. 461, ed. Lobeck.) — 4. (Horn., Od., xiii., 224.— Apoll. 
Rhod., ii., 32. — Schol. in loc. — Anacreon, Fragra., 79. — Theoc- 
rit., xiv., 66.— Erunck, Anal., i., 230 ; ii., 185.) — 5. (Schol. in 
Horn., 1. c.)— 6. (Soph., Trachin., 925.)— 7. (ii., 529, 830.— 
Schol. ad loc.)— 8. (Xen., Cyrop., vi., 4, t) 2.— Plut., Alex., p. 
1254, ed. Steph.)— 9. (Herod., ii., 182.— Id., iii., 47.— Paus., vi., 
19, $ 4.)— 10. (Xen., Anab., iv.,7, $ 15.)— 11. (Nepos, Iphic, i., 
4.)— 12. (Sueton., Galba, 19.— Arrian, Tact., p. 14, ed. Blan- 
card.)— 13. (Amm. Marcell., xvii., 12, ed. Wagner.j—M. (i., 21. 



&) 



*>96 



so that the scales overlap one another, and in gen 
eral appearance they resemble the surface of a green 
fir-cone. This author adds, that the loricae made 
of these horny scales are much more strong and 
impenetrable than linen cuirasses, which are useful 
to hunters, but not adapted for fighting. The pre- 
ceding woodcut, taken from Meyrick's Critical In 
quiry into Ancient Armour (plate iii.), exhibits an 
Asiatic cuirass exactly corresponding to this de- 
scription. It consists of slices 'of some animal'a 
hoof, which are stitched together, overlapping each 
other in perpendicular rows, without being fastened 
to any under garment. The projection nearest the 
middle must be supposed to have been worn over 
the breast, and the other over the back, so as to 
leave two vacant spaces for the arms. 

This invention no doubt preceded the metallic 
scale armour. The Rhoxolani, a tribe allied to the 
Sarmatians, defended themselves by wearing a dress 
consisting of thin plates of iron and hard leather. 1 
The Persians wore a tunic of the same description, 
the scales being sometimes of gold 2 (-&6prjKa xpv- 
aeov temduTov 3 ) ; but they were commonly of bronze 
(thoraca indutus a'enis squamis*). The method of 
hooking them together, so as to be imbricated, and 
to fit closely to the body, at the same time not hin- 
dering its free motion, is described by Heliodorus, 5 
who says that the Persians covered their horses 
also with this kind of armour. The basis- of the 
cuirass was sometimes a skin, or a piece of strong 
linen, to which the metallic scales, or " feathers," 
as they are also called, were sewed. 6 The warriors 
of Parthia, Dacia, and other countries, armed in this 
species of mail, are compared to moving statues of 
resplendent steel ; 7 and that this description was 
not the mere extravagance of poetry, is manifest 
from the representation of men so attired on the 
column of Trajan. 

The epithet leiuduroc, as applied to a thorax, is 
opposed to the epithet (poludtdToc* The former de- 
notes a similitude to the scales offish (Xsmaiv), the 
latter to the scales of serpents (fyoliciv). The re- 
semblance to the scales of serpents, which are long 
and narrow, is exhibited on the shoulders of the Ro- 
man soldier in the woodcut at page 95. These 
scales were imitated by long flexible bands of steel, 
made to fold over one another according to the 
contraction of the body. They appear very fre- 
quently on the Roman monuments of the times of 
the emperors, and the following woodcut places in 




immediate contrast a ■dupa^ lEiridctToc on the right 
and fyolidotToc on the left, both taken from Bartoli's 
Arcus Triumphales. 

The Roman hastati wore cuirasses of chain-mail, 



1. (Tacit., Hist., i., 79.)— 2. (Herod., vii., 61.)— 3. (ix.,22.)— 
4. (Virg.,^En., xi., 487.)— 5. (ix., p. 431,432, ed. Comm.)— 6. 
(Virg., JEn., xi., 770.— Serv. in loc— Justin, xli., 2, 10.)— 7. 
(Heliodor., 1. c. — Claudian in Rufin., ii., 358-363.) — 8. (Arrian, 
Tact., p. 13, 14.) 



LORICA. 



LORICA 



t, «., hauberks or habergeons (alvoi&aTovq dupa- 
itaf 1 ). Virgil several times mentions hauberks, in 
which tne rings, linked or hooked into one another, 
were of gold (ioricam consertam hamis, auroque trili- 
cenv 1 ). According to Val. Flaccus, 3 the Sarmatae 
covered both themselves and their horses with 
chain-mail. 

In contradistinction to the flexible cuirasses, or 
coats of mail, which have now been described, that 
commonly worn by the Greeks and Romans, more 
especially in the earlier ages, was called tfupaf ora- 
6io<; or oTdTog, because, when placed upon the 
ground on its lower edge, it stood erect. In conse- 
quence of its .irmness, it was even used as a seat to 
rest upon.* It consisted principally of the two 
yvaXa, viz., the breastplate (pcctorale), made of hard 
leather, or of bronze, iron, or sometimes the more 
precious metals, which covered the breast and ab- 
domen, 8 and of the corresponding plate which cov- 
ered the back. 6 Both of these pieces were adapted 
to the form of the body, as may be perceived in the 
representation of them in the woodcuts at pages 
95, 133, 418. The two figures here introduced are 




to arm himself by buckling his cuirass. 7 In Roman 
statues we often observe a band surrounding the 
waist and tied before. The breastplate and the back- 
plate were farther connected together by leathern 
straps passing over the shoulders, and fastened in 
front by means of buttons or of ribands tied in a 
bow. In the last woodcut both of the connecting 
ribands in the right-hand figure are tied to a ring 
over the navel. The breastplate of Caligula has a 
ring over each breast, designed to fulfil the same 
purpose. 

Bands of metal often supplied the place of the 
leathern straps, or else covered them so as to be- 
come very ornamental, being terminated by a lion's 
head or some other suitable figure appearing on 
each side of the breast, as in the preceding figure 
of Caligula. The most beautiful specimens of en- 
riched bronze shoulder-bands now in existence are 
those which were found A.D. 1820, near the river 

1. (Polyb., *i., 21.— Athen.. v., 22.— Arrian, 1. c.)— 2. (Virg., 
Mn., iii., 467.— Id. ib., v., 259.— Id. ib., vii., 639.)— 3. (Ar ? on., 
»i., 232.)-4. (Paus., x., 27, t) 2.)— 5. (Horn., II., v., 99.— Id. ib., 
Kiii., 507, 587.— Id. ib., xvii., 314 )— 6. (F ms., x., 26, <f 2.— Horn., 
fl- xy. 530.)— 7 (Pan*., I.e.) 



designed to show the usual difference of form and 
appearance between the antique Greek thorax and 
that worn by the Roman emperors and gene/als. 
The right-hand figure is from one of Mr. Hope's 
fictile vases, 1 and bears a very strong resemblance 
to a Greek warrior painted on one of Sir W. Ham- 
ilton's. 2 The figure on the left hand is taken from 
a marble statue of Caligula found at Gabii. 3 The 
Gorgon's head over the breast, and the two griffons 
underneath it, illustrate the style of ornament which 
was common in the same circumstances.* (Vid, 
^Eois, p. 27.) The execution of these ornaments 
in relief was more especially the work of the Co- 
rinthians. 6 

The two plates were united on the right side of 
the body by two hinges (vid. Cardo, p. 215), as 
seen in the equestrian statue of the younger Balbus 
at Naples, and in various portions of bronze cui- 
rasses still in existence. On the other side, and 
sometimes on both sides, they were fastened by 
means of buckles (irepovai 6 ). (Vid. Fibula.) In 
the Temple of Diana at Ephesus was a picture rep- 
resenting women employed in assisting Patroclua 




Siris in S. Italy, and which are preserved in the 
British Museum. They were originally gilt, and 
represent in very salient relief two Grecian heroes 
combating two Amazons. They are seven inches 
in length, and belong to the description of bronzes 
called epya aebvp^ara, having been beaten into form 
with wonderful skill by the hammer. The Cheva- 
lier Brbndsted 7 has illustrated the purpose which 
they served, by showing them in connexion with a 
portion of another lorica, which lay upon the shoul- 
ders behind the neck. This fragment was found in 
Greece. Its hinges are sufficiently preserved to 
show most distinctly the manner in which the shoi J- 
der-bands were fastened to them (see woodcut). 

" Around the lower edge of the cuirass," observe* 
Brondsted, " were attached straps, four or five inch 
es long, of leather, or perhaps of felt, and covered 
with small plates of metal. These straps served in 
part for ornament, and partly, also, to protect the 



1. (Costumes of the Ancients, i., 102.)— 2. (i.,4.)— 3. (Visconti _ 
Mon. Gab., No. 38.)— 4. (Mart., VII., i., 1-4.)— 5. (Cic, Verr., 
Act. II., iv., 44.)— 6. (Paus., L c.)— 7. (Bronze* of Sin», I.ou 
i don, 1836.) 

W»7 



LOUTRorv 



LOUTRON. 



lower region of the body in concert with the belt 
{Cuvij) and the band {jifrpa)." They are well shown 
in both the figures of the preceding woodcut. (See 
also the woodcuts at pages 86, 268, 418.) 

Instead of the straps here described, which the 
Greeks called nrepvyeg, 1 the Chalybes, who were 
encountered by Xenophon on his retreat, 2 had in 




the same situation a kind of cordage. Appendages 
of a similar kind were sometimes fastened by hinges 
to the lorica at the right shoulder, for the purpose 
of protecting the part of the body which was ex- 
*-osed by lifting up the arm in throwing the spear or 
using the sword. 3 

Of Grecian cuirasses the Attic were accounted 
the best and most beautiful.* The cuirass was 
worn universally by the heavy-armed infantry and 
by the horsemen (vid. Army, p. 107), except that 
Alexander the Great gave to the less brave of his 
soldiers breastplates only, in order that the defence- 
less stale of their backs might decrease their pro- 
pensity to flight. 5 These were called half-cuirasses 
{■rjuidupaKLa). The thorax was sometimes found to 
be very oppressive and cumbersome. 6 

♦LOTUS Omtoc). "The Loti of the ancients 
may be arranged under the following heads : I. The 
Awrdf upon which the horses pastured was a sort 
of Clover ; it may be confidently set down as the 
Trifolium officinale, or common Melilot. It is very 
probable, however, that the term may not have been 
restricted to it, but may have comprehended others 
of the trefoils. II. Under the Lotus aquations the 
ancients comprehended three Egyptian plants of the 
Water-lily tribe, namely, the Nymphaa Lotus, Nym- 
pfuza nelumlo, and Arum colocasia : the first two 
are well described by Herodotus. 7 III. Under the 
Lotus arbor were comprehended the Celtis Australis, 
several species of Rhamnus, and the Diospyros Lo- 
tus. — This is the celebrated Lotus of the Lotophagi, 
an African people, whom Dionysius the geographer 
and Ptolemy place in the vicinity of the Great Syr- 
tis, or Gulf of Sidra. But, according to Rennell 
and Park, the tree which produces the lotus-bread 
is widely disseminated over the edge of the Great 
Desert, from the locality indicated by the ancients 
to the borders of the Atlantic." For farther infor- 
mation respecting the ancient Loti, more especially 
the kind from which the Lotophagi obtained both 
bread and wine, see Eustathius in Horn., Od., p. 
337, ed. Basil. — Schol. in Plat., Repub., viii. — Spren- 
gel's Dissertation on the Loti. — Schweighaeuser ad 
Athen., xiv., 16. — Heeren's Researches, &c, vol. 

iv., c. 1 ; v., 4. — Fee, Flore de Virgile, p. lxxx., 
&c. 8 

LOUTRON, LOETRON (lovrpov, loerpov), a 
Bath. The use of the bath in the Homeric ages is 
explained on pages 143, 144 ; it remains to speak 
of the Greek baths in the republican period. At 
Athens the frequent use of the public baths was re- 

1. (Xen., De Re Equest., xii., 4.)— 2. (Anab., iv., 7, t> 15.) — 

. 3. (Xen., De Re Equest., xii., 6.)— 4. (.Elian, V. H., Hi., 24.)— 

9. (Polyren., iv., 3, 13.)— 6. (Tac, Ann., i., 64.)— 7. (ii., 92.— 

Compare Savary, Lottres sur l'Egvpte.) — 8. (Adams, Append., 

598 



garded in the time of Socrates and Demosthenes as 
a mark of luxury and effeminacy. 1 Accordingly, 
Phocion was said to have never bathed in a public 
bath (kv fiaXaveiu dquoctevovTi*), and Socrates to 
have made use of it very seldom. 3 It was, how- 
ever, only the warm baths (fialavEla, called by 
Homer dsp/id lovrpa) to which objection was made, 
and which in ancient times were not allowed to be 
built within the city.* The estimation in which 
such baths were held is expressed in the following 
lines of Hermippus : 5 

Ma tov At', ov uevtol f.iedvELv tov avdpa xoy 
tov ayadbv, ovds ■&epjuo?.ov~elv, a av iroielg. 

In the Clouds of Aristophanes, the d'wcuoc Aoyos 
warns the young man to abstain from the baths 
(/3a?iavEco)v direxeo-dai. 6 ), which passage, compared 
with 1. 1028-1037, shows that warm baths are in- 
tended by the word /3a\avela. 

The baths (ftaXavtla) were either public (dy/ioo-ia, 
dquocievovTa) or private (Idia, IdiuriKa). The for- 
mer were the property of the state, but the latter 
were built by private individuals, and were opened 
to the public on the payment of a fee (hm'kovTpov). 
Such private baths are mentioned by Plutarch 7 and 
Isaeus, 8 who speak of one which was sold for 3000 
drachmae. 9 Baths of this kind may also have been 
intended sometimes for the exclusive use of the 
persons to whom they belonged. 10 A small fee ap- 
pears to have been also paid by each person to the 
keeper of the public baths (fiakavevg ), which in the 
time of Lucian was two oboli. 11 

We know very little of the baths of the Athenians 
during the republican period, for the account of 
Lucian in his Hippias relates to baths constructed 
after the Roman model. On ancient vases, on 
which persons are represented bathing, we never 
find anything corresponding to a modern bath in 
which persons can stand or sit ; but there is always 
a round or oval basin (kovrrjp or \ovTr\piov) resting 
on a stand {vttootcltov), by the side of which those 
who are bathing are represented standing undressed 
and washing themselves, as is seen in the following 
woodcut, taken from Sir W. Hamilton's vases. 18 
The word AHMOSIA upon it shows that it belonged 
to a public bath. 




The next woodcut is also taken from the same 
work, 13 and represents two women bathing. The 
one on the right hand is entirely naked, and holds a 
looking-glass in her right hand ; the one on the left 
wears only a short kind of xituviov. Eros is rep- 
resented hovering over the bathing vessel. 

Besides the "kovTfjpeg and "kovrr]pia, there were also 
vessels for bathing large enough foi persons to sit 

1. (Demosth., c. Polycl., p. 1217.)— 2. (Plut., Phoc, 4.)— 3. 
(Plato, Symp., p. 174.) — 4. (Athen., i., p. 18, B.)— 5. (ap. 
Athen., 1. c.)— 6. (1. 978.)— 7. (Demetr., 24.)— 8. (De Dicseo^ 
h?ered., p. 101.)— 9. (De Philoct. h;ered., p. 140.)— 1© (Xen"., 
Rep. Ath., ii., 10.)— 11. (Lucian, Lexiph., 2, vol. ii., p. 330. V— 
12. (Tischbein, i., pi. 58.)— 13. (i., pi. 59.) 



l-OUTRON. 



LUCERNA. 




m, which are called aadfiivdot by Homer and irv- 
*koi by the later Greeks, 1 and are described on 
page 143. In the baths there was also a kind of 
sudorif.c or vapour bath, called -wvpta or nvpiarripiov, 
which is mentioned as early as the time of Herodo- 
tus. 2 The Lacedaemonians also made use of a dry 
sudor jC bath. (Vid. Baths, p. 144.) 

The persons who bathed probably brought with 
them ?/rigils, oil, and towels. The stiigil, which 
was called by the Greeks arleyyiq or tjvarpa, was 
usual."/ made of iron, but sometimes, also, of other 
materials. 3 One of the figures in the preceding 
woodcut is represented with a strigil in his hand ; 
several strigils are figured in page 150. The Greeks 
also used different materials for cleansing or wash- 
ing themselves in the bath, to which the general 
name of ^vfi\ia was given, and which were supplied 
by the j3a?sivevc* This pvpua usually consisted of 
a ley made of lime or wood-ashes (novia), of nitrum, 
and of fuller's earth (yf/ KifiuXta 5 ). 

The bath was usually taken shortly before the 
tSetKvov, or principal meal of the day. It was the 
practice to take first a warm or vapour, and after- 
ward a cold bath, 6 though in the time of Homer the 
cold bath appears to have been taken first, and the 
warm bath afterward. The cold water was usually 
poured on the back or shoulders of the bathers by 
the (3aXavevg or his assistants, who are called napa- 
Xvrai. 1 The vessel from which the water was 
poured was called apvraiva* In the first of the 
preceding woodcuts a irapaxvTTjg is represented with 
an dpvTatva in his hands. 

Among the Greeks a person was always bathed 
at birth, marriage, and after death (vid. Fonus, p. 
455) ; whence it is said of the Dardanians, an Illyri- 
an people, that they bathe only thrice in their lives, 
at birth, marriage, and after death. 9 The water in 
which the bride was bathed (lovrpbv vvfubiKov 10 ), at 
Athens, was taken from the fountain of Kallirrhoe, 
which was called from the time of Peisistratus 'Ev- 
veuKpovvoc. 11 Compare Pollux, iii., 43. — Harpocrat., 
g. v. Aov-po(p6poc, who says that the water was 
fetched by a boy, who was the nearest relative, and 
that this boy was called ?.ovTpo(f>6pog. He also 
states that water was fetched in the same way to 
bathe the bodies of those who had died unmarried, 
and that on the monuments of such a boy was rep- 
resented holding a water- vessel (vdpia). Pollux, 12 



1. (Schol. ad Aristoph., Equit., 1055. — Hesych., s. v. HvaXos. 
—Pollux, Onom., vii., 166, 168.) — 2. (iv., 75. — Compare Pollux, 
Cnom., vii., 168. — Athen., v., p. 207,/. — Id., xii., p. 519, c. — 
Plut., Cim., 1.)— 3. (Plut., Inst. Lac, 32.— JElian, V. II., 12, 
49.)— 4. (Aristoph., Lysistr., 377.) — 5. (Aristoph., Ran., 710, 
*nd Schol.— Pbt., Rep., iv., p. 430.)— 6. (Plut., de primo frig-., 
10.— Paus., ii., 34, t> 2.)— 7. (Plat., Rep., i., p. 344.— Lucian, 
Demosth. Encom., 16, vol. iii., p. 503.— Plut., De Invid., 6.— 
Id., Apophth. Lac. 49.)— 8. (Aristoph., Equit., 1087.— Theo- 
phrast., Char., 9.)— 9. (Niccl. Damasc, ap. Stob., v., 51, p. 152, 
ed. Gaisf.)— 10. (AristopV, Lysirr., 378.)— 11. (Thucyd., ii., 
15.)— 12. (1 c.) 



however, states that it was a female who fetched 
the water on such occasions, and Demosthenes 1 
speaks of tj lovrpodopog on the monument of a per- 
son who had died unmarried. In remains of ancient 
art we find girls represented as hovrpoyopot, but 
never boys. a 

LOUTROPH'ORUS. (Vid. Lodtuon ^ 

LUCAR. (Vid. Histrio, p. 507.) 

LUCERES. (Vid. Tribus.) 

LUCERNA (Ivxvoq), an Oil-lamp. The Greeks 
and Romans originally used candles, but in later 
times candles were chiefly confined to the houses 
of the lower classes. (Vid. Candela.) A great 
number of ancient lamps has come down to us, the 
greater part of which are made of terra-cotta (rpo- 
xfaaTOL 3 ), but also a considerable number of bronze. 
Most of the lamps are of an oval form, and flat upon 
the top, on which there are frequently figures in re- 
lief. (See the woodcuts, p. 114, 350, 408.) In the 
lamps there are one or more round holes, according 
to the number of wicks (ellychnia) burned in it ; and 
as these holes were called, from an obvious analo- 
gy, fiVKTrjpec or fivtjai, literally, nostrils or nozzles, 
the lamp was also called Monomyxos, Dimyxos, Tri- 
myxos, or Polymyxos, according as it contained one, 
two, three, or a greater number of nozzles or holes 
for the wicks. (Vid. Ellychnium.) The following 
example of a dimyxos lucerna, upon which there is 
a winged boy with a goose, is taken from the Mu- 
seo Borbonico, iv., 14. 




The next woodcut, taken from the same wore,* 
represents one of the most beautiful bronze lamps 
which has yet been found. Upon it is the figure of 
a standing Silenus. 




The lamps sometimes hung in chains from the 
ceiling of the room, 5 but generally stood upon a 
stand. (Vid. Candelabrum.) Sometimes a figure 
holds the lamp, as in the following woodcut, 6 which 
also exhibits the needle or instrument spoken of 
under Ellychnium, which served to trim the wick, 
and is attached to the figure by means of a chain. 

We read of lucernce. cubiculares, balneares, Iricli- 

1. (c Leochar., p. 1089, 23.— Compare p. 1086, 14, &c.)—% 
(Brftnsted, Brief Description of thirty-two ancient Greek Vases, 
pi. 27.— Consult Beckir, Charikles, ii., p. 135-146 ; p. 459-462.) 
—3. (Aristoph., Eccles., I.)— 4. (i., 10.)— 5. (Virg., JEn., i., 720. 



— Petron., 30.) — 6. (Museo Borbon., vii., 15.) 



599 



HJDl. 



LIJD1. 




nuires, sepulcrales, &c. ; but these names were only 
£iven to the lamps on account of the purposes to 
♦yhich they were applied, and not on account of a 
inference in shape. The lucerna cubiculares burned 
r 1 bedchambers all night. 1 

Perfumed oil was sometimes burned in the lamps. 2 

LUDI is the common name for the whole variety 
of games and contests which were held at Rome on 
v arious occasions, but chiefly at the festivals of the 
g )ds ; and as the ludi at certain festivals formed 
tfce principal part of the solemnities, these festivals 
themselves are called ludi. Sometimes, however, 
ludi were also held in honour of a magistrate or of 
a deceased person, and in this case the games may 
be considered as ludi privati, though all the people 
nvight take part in them. 

All ludi were divided by the Romans into two 
classes, viz., ludi circenses and ludi scenici, 3 accord- 
ingly as they were held in the circus or in the the- 
atie ; in the latter case they were mostly theatrical 
representations with their modifications ; in the 
former, they consisted of all or a part of the games 
enumerated in the articles Circus and Gladiatores. 
Another division of the ludi into stati, imperativi, 
and votivi, is analogous to the division of the feriae. 
(Vid. Ferine, p. 435.) 

The superintendence of the games and the so- 
lemnities connected with them was in most cases 
intrusted to the aediles. (Vid. ^Ediles.) If the 
lawful rites were not observed in the celebration of 
the ludi, it depended upon the decision of the pon- 
tiffs whether they were to be held again (instaurari) 
or not. An alphabetical list of the principal ludi is 
subjoined. 

LUDI APOLLINA'RES were instituted at Rome 
during the second Punic war, after the battle of 
Cannae (212 B.C.), at the command of an oracle 
contained in the books of the ancient seer Marcius 
(carmina Marciana*). It was stated by some of the 
ancient annalists that these ludi were instituted for 
Ihe purpose of obtaining from Apollo the protection 
of human life during the hottest season of summer ; 
but Livy and Macrobius adopt the account founded 
upon the most authentic document, the carmina 
ftfarciana themselves, that the Apollinarian games 
were instituted partly to obtain the aid of Apollo 
in expelling the Carthaginians from Italy, and part- 
ly to preserve, through the favour of the god, the 
Republic from all dangers. The oracle suggested 
that the games should be held every year, under the 

1. (Mart., xiv., 39.— Id., x., 38.)— 2. (Petron., 70.— Mart., x., 38, 
9.— Consult Passeri, "Lucerne fictiles."— Bottiger, " die Sile- 
aue-lamnen," Amalth., iii., p. 168, &c— Becker, Charikles, ii., 
p. 215 Ac— Id., Gallus, ii., p. 201, &c.)— 3. (Cic, De Leg., ii., 
4*.) — 4. (Liv., xxv., 12.— Macrob., Sat., i., 17.) 
600 



superintendence of the praetor urbanus, and that 
ten men should perform the sacrifices according tc 
Greek rites. The senate, complying with the ad- 
vice of the oracle, ma&e two senatus consulta ; one 
that, at the end of the games, the praetor should re- 
ceive 12,000 asses to be expended on the solemni- 
ties and sacrifices, and another that the ten men 
should sacrifice to Apollo, according to Greek rite*. 
a bull with gilded horns, and two white goats also 
with gilded horns, and "to Latona a heifer with 
gilded horns. The games themselves were held in 
the Circus Maximus, the spectators were adorned 
with chaplets, and each citizen gave a contribution 
towards defraying the expenses. 1 The Roman 
matrons performed supplications, the people took 
their meals in the propatulum with open doors, and 
the whole day — for the festival lasted only one day 
— was filled up with ceremonies and various othei 
rites. At this first celebration of the ludi Apollina- 
res, no decree was made respecting the annual rep- 
etition suggested by the oracle, so that in the first 
year they were simpy ludi votivi or indictivi. The 
year after (211 B.C.), the senate, on the proposal 
of the praetor Calpumius, decreed that they should 
be repeated, and that, in future, they should be vow- 
ed afresh every year. 8 The day on which they 
were held varied every year according to circum- 
stances. A few years after, however (208 B.C.), 
when Rome and its vicinity were visited by a 
plague, the praetor urbanus, P. Licinius Varus, 
brought a bill before the people to ordain that the 
Apollinarian games should in future always be vow- 
ed and held on a certain day (dies status), viz., on 
the sixth of July, which day henceforward remain- 
ed a dies solennis. 3 The games thus became votivi 
et stativi, and continued to be conducted by the 
praetor urbanus.* But during the Empire the day 
of these solemnities appears again to have been 
changed, for Julius Capitolinus 5 assigns them to the 
26th of May. 

LUDI AUGUSTA'LES. (Vid. Augustales.) 
LUDI CAPITOLI'NI were said to have been in- 
stituted by the senate on the proposal of the dicta- 
tor M. Furius Camillus, in the year 387 B.C., after 
the departure of the Gauls from Rome, as a token 
of gratitude towards Jupiter Capitolinus, who had 
saved the Capitol in the hour of danger. The de- 
cree of the senate at the same time intrusted the 
superintendence and management of the Capitoline 
games to a college of priests, to be chosen by the 
dictator from among those who resided on the Cap- 
itol and in the citadel (in arce), which can only 
mean that they were to be patricians. 6 These 
priests were called Capitolini. 7 One of the amuse- 
ments at the Capitoline games, which was observed 
as late as the time of Plutarch, was that a herald 
offered the Sardiani for public sale, and that some 
old man was led about, who, in order to produce 
laughter, wore a toga praetexta, and a bulla puerilis 
which hung down from his neck. 8 According to 
some of the ancients, this ceremony was intended 
to ridicule the Veientines, who were subdued, after 
long wars with Rome, and numbers of them sold 
as slaves, while their king, represented by the old 
man with the bulla (such was said to have been the 
costume of the Etruscan kings), was led thrcugh 
the city as an object of ridicule. 

The Veientines were designated by the name Sar- 
diani or Sardi, because they were believed to have 
come from Lydia, the capital of which was Sardes. 
This specimen of ancient etymology, however, is 
set at naught by another interpretation of the cere- 

1. (Festus, s. v. Apollinares.) — 2. (Liv., xxvi., 23.) — 3. (Lir v 
xxvh., 23.) — 4. (Cic, Phil., ii.. 13.)— 5. (Maxim, et Ba.bin., a 
1.)— 6. (Liv., v., 50, 52.)— 7. (Cic. ad Quint. Fratr., ii., 5.)— 8. 
(Plut., Qu&st. Rom., p. 277. — Fest., s. v. Sardi venaleB.) 



LUDI. 



LUDI. 



tic ly, given by Sinnius Capito. According to this 
author, the name Sardiani or Sardi had nothing to do 
with the Veientines, but referred to the inhabitants 
of Sardinia. When their island was subdued by 
the Remans in B.C. 238, no spoils were found, but 
a great number of Sardinians were brought to Rome 
and sold as slaves, and these proved to be slaves 
of the worst kind. 1 Hence arose the proverb " Sar- 
di venales; alius alio nequior;" 2 and hence, also, 
the ceremony at the Capitoline games. When or 
at what intervals these ludi were celebrated is not 
mentioned. During the time of the Empire they 
seem to have fallen into oblivion, but they were re- 
stored by Domitian, and were henceforth celebra- 
ted every fifth year, under the name of agones Cap- 
itolini. 3 

LUDI CIRCE'NSES, ROMA'NI or MAGNI, 
were celebrated every year during several days, 
from the fourth to the twelfth of September, in hon- 
our of the three great divinities, Jupiter, Juno, and 
Minerva,* or, according to others, in honour of Ju- 
piter, Consus, and Neptunus Equestris. They were 
superintended by the curule aediles. For farther 
particulars, see Circus, p. 255, &c. 

LUDI COMPITALrCII. (Vid. Compitalia.) 
LUDI FLORA'LES. (Vid. Floralia.) 
LUDI FUNEBRES were games celebrated at the 
funeral pyre of illustrious persons. Such games 
are mentioned in the very early legends of the his- 
tory of Greece and Rome, and they continued, with 
various modifications, until the introduction of 
Christianity. It was at such a ludus funebris that, 
in the year 264 B.C., gladiatorial fights were exhib- 
ited at Rome for the first time, which henceforward 
remained the most essential part in all ludi fune- 
bres. (Vid. Gladiatores, p. 475.) The duration 
of these games varied according to circumstances. 
They lasted sometimes for three, and sometimes 
for four days, though it may be supposed that, in 
the majority of cases, they did not last more than 
one day. On one occasion 120 gladiators fought in 
the course of three days, and the whole Forum was 
covered with triclinia and tents, in which the peo- 
ple feasted. 5 It was thought disgraceful for women 
to be present at these games, and Publius Sempro- 
nius separated himself from his wife because she 
had been present without his knowledge at ludi 
funebres. 6 These ludi, though on some occasions 
the whole people took part in them, were not ludi 
publici, properly speaking, as they were given by 
private individuals in honour of their relations or 
friends. (Compare Fuxus, p. 462.) 

LUDI HONQRA'RII are expressly mentioned 
only by Suetonius, 7 who states that Augustus de- 
voted thirty days, which had been occupied till that 
time by ludi honorarii, to the transaction of legal 
business. What is meant by ludi honorarii is not 
quite certain. According to Festus, 8 they were 
the same as the Liberalia. Scaliger, however, in 
his note on Suetonius, has made it appear very 
probable that they were the same as those which 
Tertullian 9 says were given for the purpose of gain- 
ing honours and popularity, in contradistinction to 
other ludi, which were intended either as an honour 
to the gods, or as oaia for the dead. At the time 
cf Augustus, this kind of ludi, which Tacitus 10 seems 
to designate by the name inania honoris, were so 
common that no one obtained any public office 
.vithout lavishing a considerable portion of his prop- 
erty on the exhibition of games. Augustus, there- 

1. (Fest., 1. c— Aurel. Vict., De Vir. Illustr., c. 57.)— 2. (Cic. 
id Farm, vii., 24.) — 3. (Vid. Jos. Scaliger, Auson. Lect., i., 10.) 
—4. (Cic. in Verr., v., 14.)— 5. (Liv.,xxxi., 50.— Id., xxii., 30.— 
Id., xxxix., 46.— Pliu., II. N., xxxv., 7.)— 6. (Plut.. Quaest. Rom., 
p. 267, B.— Val. Max., vi., 3, t) 12.— Compare Suet., Octav., 44.) 
—7. (Octav., 32.)— ». (s. v. Honorarios ludos.)— 9. (De Spect., 
e 21.)— 10. (Agric, C.) 
4G 



fore, wisely assigned thirty of the days of the year, 
on which such spectacles had been exhibited pre- 
viously, to the transaction of business, i. e., he 
made these thirty days fasti. 1 

LUDI LIBERATES. (Vid. Dionysia, p. 366.) 

LUDI MARTIALES were celebrated every yeai 
on the first of August, in the circus, and in honour 
of Mars, because the Temple of Mars had been ded- 
icated on this day. 2 The ancient calendaria mention 
also other ludi martiales, which were held in the 
circus on the 12th of May. 

LUDI MEGALE'NSES. (Vid. Megalesia.) 

LUDI NATALITII are the games with which 
the birthday of an emperor was generally celebra- 
ted. They were held in the circus, whence they 
are sometimes called circenses. 3 They consisted 
generally of fights of gladiators and wild beasts. 
On one occasion of this kind, Hadrian exhibited 
gladiatorial combats for six days, and one thousand 
wild beasts. 

LUDI PALATPNI were instituted by Livia in 
honour of Augustus, and were held on the Palatine.* 
According to Dion Cassius they were celebrated 
during three days, but according to Josephus 5 they 
lasted eight days, and commenced on the 27th of 
December. 6 

LUDI PISCATO'RII were held every year on 
the 6th of June, in the plain on the right bank of the 
Tiber, and were conducted by the preetor urbanus 
on behalf of the fishermen of the Tiber, who made 
the day a holyday. r 

LUDI PLEBETI were, according to Pseudo-As- 
conius, 8 the games which had been instituted in 
commemoration of the freedom of the plebeians af 
ter the banishment of the kings, or after the seces- 
sion of the plebes to the Aventine. The first of 
these accounts is not borne out by the history of the 
plebeian order, and it is more probable that these 
games were instituted in commemoration of the lec- 
onciliation between the patricians and plebeians af- 
ter the first secession to the Mons Sacer, or, accord- 
ing to others, to the Aventine. They were held on 
the 16th, 17th, and 18th of November, and were 
conducted by the plebeian aediles. 9 It is sufficiently 
clear from the ancient calendaria, that the ludi ple- 
beii were not, as some have supposed, the same 
as, or a part of, the ludi Romani. 

LUDI PONTIFICATES were probably nothing 
but a particular kind of the ludi honorarii mentioned 
above. They were for the first time given by Au- 
gustus, when, after the death of Lepidus, he ob- 
tained the office of pontifex maximus. 10 

LUDI QUiESTO'RII were of the same character 
as the preceding games. They were instituted by 
the Emperor Claudius, 11 who decreed that all who 
obtained the office of quaestor should, at their own 
expense, give gladiatorial exhibitions. Nero did 
away with this obligation for newly-appointed quaes- 
tors, 12 but it was revived by Domitian. 13 

LUDI S^ECULA'RES. If we were to judge 
from their name, these games would have been cel- 
ebrated once in every century or saeculum ; but we 
do not find that they were celebrated with this reg- 
ularity at any period of Roman history, and tho 
name ludi saeculares itself was never used during 
the time of the Republic. In order to understand 
their real character, we must distinguish between 
the time of the Republic and of the Empire, since al 

1. (Compare Ernesti and F. A. Wolf ad Sueton., 1. c.) — 2. 
(Dion Cass., lx., 5. — Suet., Claud., 4.) — 3. (Capitol., Antonin 
Pius, 5. — Spartian, Hadr., 7.) — 4. (Dion Cass., lvi., sub fin.)— 
5. (Ant. Jud., xix., 1.) —6. ( Vid. Suet.. Calig., 56, -with Scali 
ger's note.) — 7. (Ovid, Fast., vi., 235, &c. — Fest., s. v. Piscal 
ludi.)— 8. (ad Verr., i., p. 143, ed. Orelli.)— 9. (Liv., xxviii., 10 
— M., xxxix., 7.)— 10. (Suet., Octav., 44.) — 11. (Suet., Claud. 
24. — Tacit., Ann., ii., 22.) — 12. (Tacit., Am , xiii-, i ) — 13 
;Suet., Domit., 4.) 

601 



LUDI. 



LUDI. 



mese t a'O periods these ludi were of an entirely dif- 
ferent character. 

During the time of the Republic they were called 
ludi Tarentini, Terentini, or Taurii, while during the 
Empire they bore the name of ludi saculares. 1 Their 
origin is described by Valerius Maximus, who at- 
tributes their institution to the miraculous recovery 
of three children of one Valerius, who had been at- 
tacked by a plague raging at that time in Rome, and 
were restored to health by drinking some water 
T/aimed at a place in the Campus Martius called 
Tarentum. Valerius afterward offered sacrifices in 
Tarentum to Dis and Proserpina, to whom the re- 
covery of his children was supposed to be owing, 
spread lectisternia for the gods, and held festive 
games for three successive nights, because his three 
children had been saved. The account of Valerius 
Maximus agrees in the main with those of Censori- 
nus 2 and of Zosimus, 3 and all appear to have de- 
rived their information from the ancient annalist, 
Valerius Antias. While, according to this account, 
trie Tarentine games were first celebrated by Vale- 
rius, another legend seems to consider the fight of 
the Horatians and Curiatians as connected with 
their first celebration. A third account* ascribes 
their first institution to the reign of Tarquinius Su- 
perbus. A fearful plague broke out, by which all 
pregnant women were affected in such a manner 
that the children died in the womb. Games were 
then instituted to propitiate the infernal divinities, 
together with sacrifices of steril cows (taurece), 
whence the games were called ludi Taurii. These 
games and sacrifices took place in the Circus Fla- 
minius, that the infernal divinities might not enter 
the city. Festus 5 and Censorinus ascribe the first 
celebration to the consul Valerius Poplicola. This 
account admits that the worship of Dis and Proser- 
pina had existed long before, but states that the 
games and sacrifices were now performed for the 
first time to avert a plague, and in that part of the 
Campus Martius which had belonged to the last 
ring Tarquinius, from whom the place derived its 
name Tarentum. Valerius Maximus and Zosimus, 
who knew of the celebration of these games by Va- 
lerius Poplicola, endeavour to reconcile their two 
accounts by representing the celebration of Popli- 
cola as the second in chronological order. Other 
less important traditions are mentioned by Servius 6 
and by Varro. 7 

As regards the names Tarenti or Taurii, they are 
perhaps nothing but different forms of the same 
word, and of the same root as Tarquinius. All the 
accounts mentioned above, though differing as to 
the time at which, and the persons by whom, the 
Tarentine games were first celebrated, yet agree in 
stating that they were celebrated for the purpose of 
averting from the state some great calamity by 
which it had been afflicted, and that they were held 
in honour of Dis and Proserpina. From the time 
of the consul Valerius Poplicola down to that of 
Augustus, the Tarentine games were only held three 
times, and again only on certain emergencies, and 
not at any fixed time, so that we must conclude that 
their celebration was in no way connected with 
certain cycles of time (sacula). The deities in 
whose honour they were held during the Republic, 
continued, as at first, to be Dis and Proserpina. As 
to the times at which these three celebrations took 
place, the commentarii of the quindecimviri and the 
accounts of the annalists did not agree, 8 and the 
discrepancy of the statements still extant shows 
the vain attempts which were made in later times 



1. (Festus, s. v. Ssnculi ludi and Taurii ludi. — Val. Max., ii., 
1, t) 5.) -2. (De Die Nat., c. 17.)— 3. (ii., 3.)— 4. (Festus, s. v. 
Taurii ludi.— Sen: ad ^n., ii., 140.)— 5. (s. v. Sseculi ludi.)— 6 
lax? JEn., ii., 140. ^—7. (ap Censorin.) — 8. (Censorin., 1, c.) 
6112 ' 



to prove that, during the Republic, the games had 
been celebrated once in every saeculum. All thesfl 
misrepresentations and distortions arose in the time 
of Augustus. Not long after he had assumed the 
supreme power in the Republic, the quindecimviri 
announced that, according to their books, ludi saecu- 
lares ought to be held, and, at the same time, tried 
to prove from history that in former times they had 
not only been celebrated repeatedly, but almost reg- 
ularly once in every century. The games of which 
the quindecimviri made this assertion were the ludi 
Tarentini. 

The celebrated jurist and antiquary Ateius Capi- 
to received from the emperor the command to de- 
termine the ceremonies, and Horace was requested 
to compose the festive hymn for the occasion (car- 
men saculare), which is still extant. 1 But the fes- 
tival which was now held was in reality very dif- 
ferent from the ancient Tarentine games ; for Dis 
and Proserpina, to whom formerly the festival be- 
longed exclusively, were now the last in the list of 
the divinities in honour of whom the ludi sa?culares 
were celebrated. A description of the various so 
lemnities is given by Zosimus. Some days before 
they commenced, heralds were sent about to invite 
the people to a spectacle which no one had ever be- 
held, and which no one would ever behold again. 
Hereupon the quindecimviri distributed, upon the 
Capitol and the Palatine, among the Roman citi- 
zens, torches, sulphur, and bitumen, by which they 
were to purify themselves. In the same places, and 
on the Aventine in the Temple of Diana, the people 
received wheat, barley, and beans, which were to 
be offered at nighttime to the Parcae, or, according 
to others, were given as pay to the actors in the 
dramatic representations which were perfoimed du- 
ring the festive days. The festival took place io 
summer, and lasted for three days and three nights. 
On the first day the games commenced in the Ta- 
rentum, and sacrifices were offered to Jupiter, Juno, 
Neptune, Minerva, Venus, Apollo, Mercury, Ceres, 
Vulcan, Mars, Diana, Vesta, Hercules, Latona, the 
Parcae, and to Dis and Proserpina. The solemni- 
ties began at the second hour of the night, and the 
emperor opened them by the river side with the 
sacrifice of three lambs to the Parcae upon three al- 
tars erected for the purpose, and which were sprin- 
kled with the blood of the victims. The lambs 
themselves were burned. A temporary scene like 
that of a theatre was erected in the Tarentum, and 
illuminated with lights and fires. 

In this scene festive hymns were sung by a cho- 
rus, and various other ceremonies, together with 
theatrical performances, took place. During the 
morning of the first day, the people went to the Cap- 
itol to offer solemn sacrifices to Jupiter; thence 
they returned to the Tarentum, to sing choruses in 
honour of Apollo and Diana. On the second day, 
the noblest matrons, at an hour fixed by an oracle, 
assembled on the Capitol, performed supplications, 
sang hymns to the gods, and also visited the altar 
of Juno. The emperor and the quindecimviri offer- 
ed sacrifices, which had been vowed before, to all 
the great divinities. On the third day, Greek and 
Latin choruses were sung in the sanctuary of Apol- 
lo by three times nine boys and maidens of great 
beauty, whose parents were still alive. The object 
of these hymns was to implore the protection of the 
gods for all cities, towns, and officers of the Empire. 
One of these hymns was the carmen sasculare by 
Horace, which was especially composed for the oc- 
casion, and adapted to the circumstances of the 
time. During the whole of the three days and 
nights, games of every description were carried on 

1. (7osim , ii., 4.J 



LUPERCALIA. 



LUPERCI. 



fn all the circuses and theatres, and sacrifices were 
offer* d in all the temples. 

The first celebration of the ludi saeculares in the 
reign of Augustus took place in the summer of the 
year 17 B.C. 1 The second took place in the reign 
of Claudius, A.D. 47 ; 2 the third in the reign of 
Domitian, A.D. 88 ; 3 and the last in the reign of 
Philippus, A.D. 248, and, as was generally believed, 
just 1000 years after the building of the city.* 

LUDI TARENTI'NI or TAURII. (Vid. Ludi 

SAECULARES.) 

LUDUS. (Vid. Gladiatores, p. 475.) 
LUDUS DUO'DECIM SCRIPTO'RUM. (Vid. 
Latrunculi.) 

LUDUS LATRUNCULO'RUM. (Vid. Latrun- 
culi.) 

LUDUS TRChLE. (Vid. Circus, p. 256.) 
LUPATUM. (Vid. Frenum, p. 452.) 
LUPERCA'LIA, one of the most ancient Roman 
festivals, which was celebrated every year in hon- 
our of Lupercus, the god of fertility. All the cere- 
monies with which it was held, and all we know of 
its history, show that it was originally a shepherd- 
festival. 5 Hence its introduction at Rome was con- 
nected with the names of Romulus and Remus, the 
kings of shepherds. Greek writers and their fol- 
lowers among the Romans represent it as a festival 
of Pan, and ascribe its introduction to the Arcadian 
Evander. This misrepresentation arose partly from 
the desire of these writers to identify the Roman 
divinities with those of Greece, and partly from its 
rude and almost savage ceremonies, which certainly 
are a proof that the festival must have originated 
in the remotest antiquity. The festival was held 
every year on the 15th of February, in the Luper- 
cal, where Romulus and Remus were said to have 
been nurtured by the she-wolf; the place contained 
an altar and a grove sacred to the god Lupercus. 6 
Here the Luperci assembled on the day of the Lu- 
percalia, and sacrificed to the gods goats and young 
dogs, which animals are remarkable for their strong 
sexual instinct, and thus were appropriate sacrifices 
to the god of fertility. 7 Two youths of noble birth 
were then led to the Luperci (vid. Luperci), and one 
of the latter touched their foreheads with a sword 
dipped in the blood of the victims ; other Luperci 
immediately after wiped ofT the bloody spots with 
wool dipped in milk. Hereupon the two youths 
were obliged to break out into a shout of laughter. 
This ceremony was probably a symbolical purifica- 
tion of the shepherds. After the sacrifice was over, 
the Luperci partook of a meal, at which they were 
plentifully supplied with wine. 8 They then cut the 
skins of the goats which they had sacrificed into 
pieces, with some of which they covered parts of 
their body, in imitation of the god Lupercus, who 
was represented half naked and half covered with 
goatskin. The other pieces of the skins they cut 
in the shape of thongs, and, holding them in their 
hands, they ran with them through the streets of the 
city, touching or striking with them all persons 
whom they met in their way, and especially women, 
who even used to come forward voluntarily for the 
purpose, since they believed that the ceremony ren- 
dered them fruitful, and procured them an easy de- 
livery in child-bearing. This act of running about 
with thongs of goatskin was a symbolic purification 
of the land, and that of touching persons a purifica- 
tion of men, for the wwds by which this act is 



1. (Tac'.t., Ann., xi., 11.)— 2. (Suet., Claud., 21.)— 3. (Suet., 
Domit., 4, with Emesti's note.)— 4. (Jul. Capitol., Gord. Tert., 
c. 33.— Compare Scaliger, De Emend. Tempor., p. 486.— Har- 
tung, Die Religion der Romer, ii., p. 92, &c, and the comment- 
ators ad Horat., Carm. Saec.) -5. (Plut., Caes., 61.)— 6. (Aurel. 
Vict., De Orig. Gent. Rom., 22. — Ovid, Fast., ii., 267.) — 7. 
(Plut.. Rom,, 21.— Serv. ad JZt. viii.. 343.1-8. (Val. Max., ii., 
2. 9.) 



designated are februare and lustrare. 1 The goatjkip 
itself was called fcbruum, the festive days diss feb- 
ruata, the month in which it occurred Fcbruarias, 
and the god himself Februus. 

The act of purifying and fertilizing, which, as W6 
have seen, was applied to women, was without 
doubt originally applied to the flocks, and to the 
people of the city on the Palatine. 2 Festus 3 says 
the Luperci were also called crepi or crcppi, from 
their striking with goatskins (a crcpitu pellicularum), 
but it is more probable that the name crepi was de- 
rived from crepa, which was the ancient name for 
goat.* 

The festival of the Lupercalia, though it neces- 
sarily lost its original import at the time when the 
Romans were no longer a nation of shepherds, was 
yet always observed in commeoioration of the 
founders of the city. Antonius, in his consulship, 
was one of the Luperci, and not only ran with them, 
half naked, and covered with pieces of goatskin, 
through the city, but even addressed the people in 
the Forum in this rude attire. 5 After the time ot 
Caesar, however, the Lupercalia seem to have been 
neglected, for Augustus is said to have restored it, 6 
but he forbade youths (imberbes) to take part in the 
running. The festival was henceforth celebrated 
regularly down to the time of the Emperor Anasta- 
sius. Lupercalia were also celebrated in other 
towns of Italy and Gaul, for Luperci are mentioned 
in inscriptions of Velitrae, Prasneste, Nemausus, and 
other places. 7 

LUPERCI were the priests of the god Lupercus 
They formed a college (sodalitas, iratpia), the mem- 
bers of which were originally youths of patrician 
families, and which was said to have been institu- 
ted by Romulus and Remus. 8 The college was di- 
vided into two classes, the one called Fabii or Fa- 
biani, and the other Quinctilii or Quinctiliani.' 
These names, which are the same as those with 
which the followers of Romulus and Remus were 
designated in the early Roman legends, seem to 
show that the priesthood was originally confined to 
certain gentes. 10 But if such were the case, this 
limitation does not seem to have existed for a very 
long time, though the two classes retained their ori- 
ginal names, for Festus says that in course of time 
the number of Luperci increased, " Quia honoris 
gratia multi in Lupercis adscribcbantur." What was 
the original number of Luperci, and how long their 
office lasted, is unknown ; but it is stated in in- 
scriptions 11 that a person held the office of Lupercus 
twice, and another three times, and this fact shows, 
at least, that the priests were not appointed for life. 
Julius Caesar added to the Uvo classes of the col- 
lege a third, with the name of Julii or Juliani, 13 and 
made Antonius their high-priest. He also assigned 
to them certain revenues (vectigalia), which were 
afterward withdrawn from them" 13 But it is uncer- 
tain whether Caesar assigned these revenues to the 
whole college, or merely to the Julii. From this 
time the two ancient classes of the Luperci are 
sometimes distinguished from the new one by the 
name Luperci veteres. 1 * Although in early times 
the Luperci were taken only from noble families, 
their strange and indecent conduct at the Luperca- 
lia was offensive to the more refined Romans of a 
later age, 15 and Cicero 16 characterizes the college as 

1. (Ovid, Fas',., ii., 31. — Fest., s. v. rebruarius.) — 2. (Varro, 
De Ling. Lat., v., p. 60, ed. Bip.) — 3. (s. v. Crepos.) — 4. (Festus, 
s. v. Caprse.)— 5. (Pint., Cses., 61.)— 6. (Suet., Octav., 31.)— 7. 
(Orelli, Insrr., n. 2251, &c. — Compare Lupekci, and Hartung, 
Die Religion der Romer, ii., p. 176, &c.)— 8. (Plut., Rom., 21 ) 
— 9. (Festus, s. v. Quinctiliani, Luperci, and Fabiani.) — 10. 
(Ovid, Fast., ii., 378, who, however, confounds the Potitii and 
Pinarii with the Quinctilii and Fabii.) — 11. (Orelli, n. 2256 and 
n. 4920.)— 12. (Dion Cass., xliv., 6— Suet., Jul., 73.)— 13. (Cic, 
Philip., iii., 15, with the note of P. Manutius.) — 14. (Orelli n 
2253.)— 15. (Cic, Philip., ii , 24.)— 16. 'Pro Cud.. 11.) 

603 



LUSTRATIO. 



LUSTRUM. 



l •* Fera qucedam sodalitas et plane pasloncia atque 
agrestis, quorum coitio ilia silvestris ante est instituta 
\[uam humanitas atque leges." Respecting the rites 
with which they solemnized the Lupercalia, vid. Lu- 

PERCALIA. 

♦LUPUS (kvnoc), the Wolf, or Canis lupus. (Vid. 
Canis.) 

LUPUS FE'RREUS, the Iron Wolf used by the 
besieged in repelling the attacks of the besiegers, 
and especially in seizing the battering-ram and di- 
verting its blows. (Vid. Aries, p. 93.) 1 

LUSTRA 'TIO (nadapcie) was originally a purifi- 
cation by ablution in water. But the lustrations, 
of which we possess direct knowledge, are always 
connected with sacrifices and other religious rites, 
and consisted in the sprinkling of water by means 
of a branch of laurel or olive, and at Rome some- 
times by means of the aspergillum (vid. Chernips), 
and in the burning of certain materials, the smoke 
of which was thought to have a purifying effect. 
Whenever sacrifices were offered, it seems to have 
been customary to carry them around the person 
or thing to be purified. Lustrations were made in 
ancient Greece, and probably at Rome also, by pri- 
vate individuals when they had polluted themselves 
with any criminal action. Whole cities and states, 
also, sometimes underwent purifications, to expiate 
the crime or crimes committed by a member of the 
community. The most celebrated purification of 
this kind was that of Athens, performed by Epimen- 
*des of Crete, after the Cylonian massacre. 3 Pu- 
rification also took place when a sacred spot had 
been unhallowed by profane use, as by burying dead 
bodies in it, such as was the case with the island 
of Delos. 8 

The Romans performed lustrations on many oc- 
casions on which the Greeks did not think of them ; 
and the object of most Roman lustrations was not 
to atone for the commission of crime, but to obtain 
the blessing of the gods upon the persons or things 
which were lustrated. Thus fields were purified 
after the business of sowing was over,* and before 
the sickle was put to the corn. (Vid. Arvales 
Fratres, p. 109.) The manner in w T hich sheep 
were lustrated every year at the festival of the Pa- 
lilia is described by Ovid. 5 The shepherd towards 
evening sprinkled his flock with water, adorned the 
fold with branches and foliage, burned pure sulphur 
and various herbs, and offered sacrifices to Pales. 
The object of this lustration was to preserve the 
flock from disease, contagion, and other evils. 6 All 
Roman armies, before they took the field, were lus- 
trated ; 7 and, as this solemnity was probably always 
connected with a review of the troops, the word 
lustratio is also used in the sense of the modern re- 
view. 8 The rites customary on such occasions are 
not mentioned, but they probably resembled those 
with which a fleet was lustrated before it set sail, 
and which are described by Appian. 9 Altars were 
erected on the shore, and the vessels manned with 
their troops assembled in order close to the coast. 
Everybody kept profound silence, and priests stand- 
ing close by the w^ater killed the victims, and car- 
ried the purifying sacrifices (KaOdpeia) in small boats 
three times around the fleet. On these rounds they 
were accompanied by the generals, who prayed to 
the gods to preserve the armament from all dangers. 
Hereupon the priests divided the sacrifices into two 
parts, one of which was thrown into the sea, and 
the other burned upon the altars, while the multi- 
tude around prayed to the gods. (In Livy 10 a prayer 

I. <Liv., xxxviii., 3.— Veget., De Re Mil., ii., 25 ; iv., 23.)— 2. 
(Diog. Laert., i., 10, $ 3.)— 3. (Thucyd., i., 8— Id., iii., 104.)— 
4. (Ovid, Fast., i., 669.)— 5. (Fast., iv., 735, &c.)— 6. (Cato, De 
Re Rust., c. 141.)— 7. (Dion Cass., xlvii., 38. — Appian, Hisp.,c. 
]».— Id.. Civ., iv., 89, et passim.)— 8. (Cic. ad Att., v., 20, § 2.) 
-». (Civ , v., 96/ -10. (xxxvi , 42— Id., xxix., 27.) 
664 



is recorded, such as generals used to perform on 
these occasions.) When a Macedonian army was 
lustrated, a dog was cut in two pieces in the place 
where the army was to assemble, and one half of 
the dog was thrown at a distance on the right and 
the other to the left. The army then assembled in 
the place between the spots where the pieces had 
fallen. 1 But to return to the Romans. The estab- 
lishment of a new colony was always preceded by 
a lustratio with solemn sacrifices. 2 The city of 
Rome itself, as well as other towns within its do- 
minion, always underwent a lustratio after they 
had been visited by some great calamity, such ao 
civil bloodshed, awful prodigies, and the like. 3 A 
regular and general lustratio of the whole Roman 
people took place after the completion of every lus- 
trum, when the censor had finished his census and 
before he laid down his office. This lustratio (also 
called lustrum*) was conducted by one of the cen- 
sors, 6 and held with sacrifices called Suovetaurilia,* 
because the sacrifices consisted of a pig (or ram), a 
sheep, and an ox. This lustratio, which continued 
to be observed in the days of Dionysius, took place 
in the Campus Martius, where the people assembled 
for the purpose. The sacrifices were carried three 
times around the assembled multitude. 7 Another 
regular lustration, which was observed every yeai 
in the month of February, was said to have been 
instituted because the god Februus was believed to 
be potens lustrationum, and because in this month 
the solemnities in honour of the dii manes took 
place. 8 

LUSTRUM (from luo, Gr. lovu) is, property 
speaking, a lustration or purification, and in partic 
ular, the purification of the whole Roman people 
performed by one of the censors in the Campus 
Martius after the business of the census was over 
(Vid. Census, Lustratio.) As this purification 
took place only once in five years, the word lustrum 
was also used to designate the time between two 
lustra. Varro 9 erroneously derives the word lus- 
trum from luo (I pay), because the vectigalia and 
tributa were paid every five years to the censors. 
The first lustrum was performed in B.C. 566, by 
King Servius, after he had completed his census, 1 * 
and afterward it is said to have taken place regu- 
larly every five years after the census was over. 
The first censors were appointed in 443 B.C., and 
from this year down to 294 B.C., there had, accord- 
ing to Livy, 11 only been 26 pairs of censors, and only 
21 lustra or general purifications, although, if all 
had been regular, there would have been 30 pairs of 
censors and 30 lustra. We must therefore con- 
clude that sometimes the census was not held at 
all, or, at least, not by the censors. We also learn 
from this statement that the census might take 
place without the lustrum, and, indeed, two cases 
of this kind are recorded, 18 which happened in 459 
and 214 B.C. In these cases the lustrum was not 
performed on account of some great calamities 
which had befallen the Republic. 

The time when the lustrum took place has been 
very ingeniously defined by Niebuhr. 13 Six ancient 
Romulian years of 304 days each were, with the 
difference of one day, equal to five solar years of 
365 days each, or the six ancient years made 1824 
days, while the five solar years contained 1825 days. 
The lustrum, or the great year of the ancient Ro- 
mans, 1 * was thus a cycle, at the end of which the 

1. (Liv., xl., 6.— Curt., x., 9, t> 12.)— 2. (Cic, De Div., i., 45.— 
Barth. ad Stat., Theb., iv., p. 1073.)— 3. (Appian, Bell. Civ., i., 
26.— Liv., xxxv., 9.— Id., xlii., 20.)— 4. (Fest., s. v.)— 5. (Cic, 
De Div., i.. 45.)— 6. (Liv., i., 44.— Varro, De Re Rust., ii., 1.)— 
7. (Dionys., Ant. Rom., iv., p. 225.)— 8. (MacroK, Sat., i., 13.— 
Compare Hartung, Die Relig. der Rom., i., p. 198, &c.)— 9. (De 
Ling. Lat., v., 54, ed. Bip.)— 10. (Liv., i., 44.— Dionys., iv.,22.) 
—11. (x., 47.)— 12. (Liv., iii.. 22.— Id., xxiv., 43.)— 13. (Hist, at 
Rome, i., p. 277.)— 14- (Censorin., De Die Nat., 18.) 



LYCIUM 



LYRA 



beginning of the ancient year nearly coincided with 
that of the solar year. As the coincidence, howev- 
er, was not perfect, a month of 24 days was inter- 
calated in every eleventh lustrum. Now it is highly 
probable that the recurrence of such a cycle or great 
year was, from the earliest times, solemnized with 
sacrifices and purifications, and that Servius Tullius 
did not introduce them, but merely connected them 
with his census, and thus set the example for sub- 
sequent ages, which, however, as we have seen, 
was not observed with regularity. At first the ir- 
regularity may have been caused by the struggles 
between the patricians and plebeians, when the ap- 
pointment of censors was purposely neglected to 
increase the disorders ; but we also find that simi- 
lar neglects took place at a later period, when no 
such causes existed. 1 The last lustrum was sol- 
emnized at Rome in A.D. 74, in the reign of Ves- 
pasian.' 

Many writers of the latter period of the Republic 
and during the Empire use the word lustrum for 
any space of five years, and without any regard to 
the census, 3 while others even apply it in the sense 
of the Greek pentaeteris or an Olympiad, which only 
jontained four years.* Martial also uses the ex- 
pression lustrum ingens for sasculum. 5 

LY'CAIA (AvKcua), a festival with contests, cele- 
orated by the Arcadians in honour of Zeus, sur- 
named Avnaloc. It was said to have been instituted 
by the ancient hero Lycaon, the son of Pelasgus. 6 
He is also said, instead of the cakes which had for- 
merly been offered to the god, to have sacrificed a 
child to Zeus, and to have sprinkled the altar with 
its blood. It is not improbable that human sacri- 
fices were offered in Arcadia to Zeus Lycaeus down 
to a very late period in Grecian history. 7 No farther 
particulars respecting the celebration of the Lycaea 
are known, with the exception of the statement of 
Plutarch, 8 that the celebration of the Lycaea in 
some degree resembled that of the Roman Luper- 
calia. t 

*LYCAPSUS (Ivnafoc), a plant, which Sprengel 
makes to be the Onosma Orientalis. The Greek 
name is derived from Xvkoc (" a wolf") and o^ig 
(" appearance"), because its flowers resembled the 
distended jaws of a wolf. 

*LYCHNIS (Ivxvic), a plant. " The lv X vlc <xre- 
pavo/j.a.TiK.7} of Dioscorides is the Agrostemma coro- 
narium, L., or Rose Campion. The Xvxvlc aypia is 
referred by Sprengel and others to the Agrostemma 
githago, or Corn Cockle. But perhaps the opinion 
of Dodonaeus, who suggested the Lychnis dioica, is 
entitled to as much or greater authority." 9 

*LYCHNITES (Ivxvltt]c ), a term applied to both 
a gem and a stone. The gem, according to De Laet, 
was a variety of our garnet. The stone would ap- 
pear to have been a variety of marble. The Ivxvie 
of Orpheus was most probably the gem. — The mar- 
ble termed lychnites was so called because quarried 
by the light of lamps {Ivxvoc, " a lamp"), and as 
Pliny, on the authority of Varro, informs us, was 
the same as the Parian. 10 

LYCHNU'CHUS. (Vid. Candelabrum.) 

♦LYCIUM (avkiov), a medicinal substance ob- 
tained from the roots and branches of a thorny shrub 
growing in Lycia. " It is almost certain," observes 
Adams, " that the plant from which it was procured 
is t.ie Rkamnus infectorius. This appears clear from 

1. (Sueton., Octav., 37.— Claud., 16.)— 2. (Censorin., 1. c.)— 
3. (Ovid, Fast., ii., 183; iv., 701.— Id., Amor.,iii., 6, 27.— Ho- 
rat., Carm., ii., 4, 24 ; iv., 1, 6.) — 4. (Ovid, Pont., iv., 6, 5, <fcc 
— Mart., iv., 45.) — 5. (Compare Scaliger, De Emend. Tempor., 
p. 183.— Ideler, Handb. der Chronol., ii., p. 77, &c.)— G. (Paus., 
viii., 2, i> 1.)— 7. (Porphyr., Dc Abstin., ii., 27.)— 8. (Caea., 61.)— 
9. (Theopbrast., H. P., vi., 8.— Dioscor., Hi., 104, 105.— Adams, 
Append., s. v.)— 10. (Orpheus, De Lapid., 268.— Ac.ims, Ap- 
i>end., s. v. — Moore's Anc Mineralogy, p. 77.) 



Pliny's account of it. Sprengel and Milligan hoi* 
the Lycium Indicum to have been the Acacia cate- 
chu, Willd., and yet, as Dr. Hill remarks, the de- 
scription given by Dioscorides of the trees by no 
means agrees with any of those of which our cate 
chu, or Terra Japonica, is made." 1 

♦LYCOPSIS (kvnoip ■[), a plant, which Sibthorp 
has proved to be the Ethium Italicum, or Italian Vi- 
per's-bugloss. 

*LYDIUS LAPIS, the Touchstone. (Vid. h\- 

SANOS.) 

♦LYRA (kvpa), a species of Fish, the Trigla Lyra, 
L. It is called in French, Gronau; in English, the 
| Piper, from a sort of hissing which it makes by the 
expulsion of the air through the gills when taken. 
Pennant says it is often caught on the western 
coasts of great Britain. 3 

LYRA (kvpa, Lat. fides), a Lyre, one of the most 
ancient musical instruments of the stringed kind. 
There can be scarcely any doubt that this and simi- 
lar instruments were used by the Eastern nations 
and by the Egyptians long before the Greeks be- 
came acquainted with them, and that they were in- 
troduced among the Greeks from Asia Minor.' 
The Greeks themselves, however, attributed the in- 
vention of the lyre to Hermes, who is said to have 
formed the instrument of a tortoise-shell, over which 
he placed gut-strings.* As regards the original num- 
ber of the strings of a lyre, the accounts of the an- 
cients differ so widely that it is almost impossible 
to arrive at any definite conclusion. Diodorus 5 
states that Hermes gave his lyre three strings, one 
with an acute, the other with a grave, and the 
third with a middle sound. Macrobius 6 says thai 
the lyre of Mercury had four strings, which symbol- 
ically represented the four seasons of the year ; 
while Lucian, 7 Ovid, 8 and others, assume that the 
lyre from the first had seven strings. All ancient 
writers who mention this invention of Hermes ap- 
ply to it the name lyra, though its shape, in the de- 
scription of Apollodorus and Servius, rather resem 
bles that of the instrument which in subsequent 
times was designated by the name cithara (nidapa 
or nidapic), and in some degree resembled a modern 
guitar, in as far as in the latter the strings were 
drawn across the sounding bottom, whereas in the 
lyra of later times they were free on both sides. 
In the Homeric poems the name 2vpa does not oc 
cur, with the exception of the Homeric hymn to 
Hermes ; and from the expression which occurs 
in this hymn 9 (Xvpn nidapifriv), it appears that ori- 
ginally there was very little or no difference be- 
tween the two instruments ; that is to say, the in 
strument formerly used was a cithara in the latei 
sense of- the word. 

The instruments which Homer mentions as used 
to accompany songs are the fybpniyt- and nWapic. 1 " 
Now that the fyopfiiyi; and the nidapic were the same 
instrument, appears to be clear from the expression 
(f>6pfiLyyi nidapi&iv, and KiBapi (popfii&iv. 11 The lyra 
is also called x^ v C or x&vvtj, and in Latin testudo, 
because it was made of a tortoise-shell. 

The obscurity which hangs over the original 
number of strings of the lyre is somewhat removed 
by the statement made by several ancient writers, 
that Terpander of Antissa (about 650 BC.) added to 
the original number of four strings three new ones, 
and thus changed the tetrachord into a heptachord; M 

1. (Dioscor., iv., 132. — Plin., H. N., xxiv., 76. — Adams, Ap- 
pend., s. v.)— 2. (Aristot., H. A., iv., 9.— jElian, N. A., x., 11.) 
3. (Wilkinson, Manners and Customs of the Anc. Egypt., ii., p. 
272, 288, &c.)— 4. (Horn., Hymn, in Merc— Apollod., ni., 10, 2. 
— Diod. Sic, v. 75.— Serv. ad Virg., Georg., iv., 464.)— 5. (i., 
16.)— 6. (Sat., i., 19.)— 7. (Deor. Dial., 7.)— 8. (Fast., v., 106.) 
— 9. (423.)— 10. (11., i., 603. — Od., viii., 248 and 261.)— 11. 
(Od., i., 153, &c.)— 12. (Euclid, Introd. Harm., p. 19.— Stral, 
xiii., p. 618.— Clem. Alex.. Strom., vi., p. 814, ed. Potter I 

605 



LYRA. 



LYSIMaCHIUM. 



muugh it cannot be denied that there existed lyres 
with only three strings. 1 The following are repre- 
sentations of a tetrachord and a heptachord, and 
are both taken from the work of Blanchini. 




The heptachord introduced by Terpander hence- 
forth continued to be most commonly used by the 
Greeks, as well as subsequently by the Romans, 
though in the course of time many additions and im- 
provements were made 
which are described be- 
low. In the ancient te- 
trachord, the two ex- 
treme strings stood to 
each other in the rela- 
tion of a fourth (&a teo- 
cupuv), i. e., the lower 
string made three vi- 
brations in the time 
that the upper one made 
fuur. In the most an- 
cient arrangement of 
the scale, which was 
called the diatonic, the 
two middle strings 
were strung in such a 
manner, that the three 
intervals between the 
four strings produced 
twice a whole tone and 
one semitone. Ter- 
pander, in forming his 
heptachord, in reality 
addict a new tetrachord to the ancient one, but left 
out the third string of the latter, as there was be- 
tween it and the fourth only an interval of a semitone. 
The heptachord thus had the compass of an octave, 
or, as the ancie-nts called it, a diapason {8m Trac&v). 
The intervals between the seven strings in the dia- 
tonic scale were as follow : between one and tw r o, a 
whole tone ; between two and three, a whole tone ; 
between three and four, a whole tone and a semi- 
tone ; between four and five and five and six, a 
whole tone each ; between six and seven, a semi- 
tone. The seven strings themselves were called, 
beginning from the highest, vtjttj, napavriTr), irapa- 
*£(T7], [j.£ot], "kixavoc, napv-iraTTi, vndrr}. 2 Pindar him- 
r>elf made use of the heptachord, though in his time 
An eighth string had been added. In the time of 
Philip and Alexander, the number of strings was in- 
creased to eleven by Timotheus of Miletus, 3 an in- 
novation which was severely censured by the Spar- 
tans, who refused to go beyond the number of seven 
etrings.* It is, however, clear that the ancients 

1. (Blanchini, "De Tribus Generibus Instrumentorum Mu- 
sics Veterum Organicae Dissertatio," tab. iv.) — 2. (Bcickh, De 
Metr. Pind., p. 205, &c.)— 3. (Suidas, s. v. TiiidOeog.— Miiller, 
Dor., iv., 6, y 3.)— 4. (Cic, De Leg., ii., 15. — Athen., ziv., p. 
636.) 

60G 




made use of a variety of lyres, and m the represent, 
ations which we still possess, the number of stringy 
varies from three to eleven. About the time of 
Sappho and Anacreon, several stringed instruments^ 
such as magadis, barbiton, and others, were used in 
Greece, and especially in Lesbos. They had been 
introduced from Asia Minor, and their number of 
strings far exceeded that of the lyre, for we know 
that some had a compass of two octaves, and oth- 
ers had even twenty strings, so that they must have 
more resembled a modern harp than a lyre. 1 

It has been remarked above that the name lvra 
occurs very seldom in the earliest Greek writers, 
and that originally this instrument and the cithara 
were the same. But about the time of Pindar in- 
novations seem to have been introduced, by which 
the lyra became distinct from the cithara, the in- 
vention of which was ascribed to Apollo, and hence 
the name of the former now occurs more frequent- 
ly. 3 Both, however, had in most cases no more 
than seven strings. The difference between the 
two instruments is described above ; the lyre had 
a great and full-sounding bottom, which continued, 
as before, to be made generally of a tortoise-shell, 
from which, as Lucian 3 expresses it, the horns rose 
as from the head of a stag. A transverse piece of 
wood, connecting the two horns at or near their top 
ends, served to fasten the strings, and was called 
Cfiyov, and in Latin transtillum. The horns were 
called irrjx EiC or cornua* These instruments were 
often adorned in the most costly manner with gold 
and ivory. 5 The lyre was considered as a more 
manly instrument than the cithara, which, on ac- 
count of its smaller-sounding bottom, excluded full 
sounding and deep tones, and was more calculated 
for the middle tones. The lyre, when played, stood 
in an upright position between the knees, while the 
cithara stood upon the knees of the player. Both 
instruments were held with the left hand, and 
played with the right. 6 It has generally been sup- 
posed that the strings of these instruments were 
always touched with a little staff called plectrum 
(Tr?L7jKTpov) (see woodcut, p. 188), but among the 
paintings discovered at Herculaneum, we find sev- 
eral instances where the persons play the lyre with 
their fingers. 7 The lyre was at all times only 
played as an accompaniment to songs. 

The Latin name fides, which was used for a lyre 
as well as a cithara, is probably the same as the 
Greek acjtdec, which, according to Hesychius, 8 sig- 
nifies gut- string : but Festus 9 takes it to be the 
same as fides (faith), because the lyre was the sym- 
bol of harmony and unity among men. 

The lyre (cithara or phorminx) was at first used 
in the recitations of epic poetry, though it was 
probably not played during the recitation itself, but 
only as a prelude before the minstrel commenced 
his story,. and in the intervals or pauses between 
the several parts. The lyre has given its name to 
a species of poetry called lyric ; this kind of poetry 
was originally never recited or sung without the ac- 
companiment of the lyre, and sometimes, also, of an 
appropriate dance. (Compare the article Musica. — 
Plutarch, De Musica. — Bockh, De Metris Pindari. — 
Drieberg, Musikalische Wissenschaften der Griechen ; 
and by the same author, Aufschlusse iiber die Musik 
der Griechen. — Miiller, Hist, of Gr. Lit., i., p. 148, &c. 

*LYSIMACH1UM (Xvatfidxiov) or LYSIMA- 
CHIA (kvoifiaxiri), a plant, which Woodville holds 
to be the Lysimachia nummularia, or Money-wort. 



1. (Bode, Gesch. der Lyrisch. Dichtkunst der Hellenen, i., p. 
382, &c— Compare Quintil., xii., 10.)— 2. (Pind., 01., x., 113. 
— Nem., iii., 19 ; xi., 8. — Pyth., viii., 42, et passim.) — 3. (DiaL 
Mor., 1.) — 4. (Schol. Venet. ad II., ii., 293. — Hesych., s. v. Zvya. 
— Cic, De Nat. Deor., ii., 59.) — 5. (Auct. ad Heren., iv.. 47. — 
Ovid, Met., xi., 167.)— 6. (Ovid, Met., xi. 168.)— 7. {Yid. alac 
Ovid, Heroid., iii., 118.)— 8. (s. v.)— 9. (s. v.) 



MAGISTER. 



MAGISTRATUS. 



" Sprengel confidently determines the A. ot Dioscor 
ides to be the Lysimachia vulgaris, or yellow Loose- 
strive ; but the Lysimachium of Pliny he holds to be 
the uythrum salicaria." 1 

M. 

MACEDONIA'NUM SENATUS CONSULTUM. 

(Vid. Senatus Consultum.) 

MACCHUS. (Vid. Atellan^e Fabul;e, p. 119.) 
MACELLUM (btjjOTruXla ; a brpOTruXelov, Kpeoiro)- 
\elov), a provision-market, frequented by cooks, 
fishermen, poulterers, confectioners, butchers, and 
men of similar occupations. 3 (Vid. Forum, p. 451 ) 
From macellum, a provision-merchant was called 
macellarius (btponioXric, Kpeoir6?u]c*). The Athe- 
nians called their macellum etc rov\pov, just as they 
called their slave-market elg rd dv6pdno6a, their 
wine-market elg tov olvov, and other markets by the 
names of the commodities suld in them. 5 

*MACER (fiaicep), according to Moses Charras, 
the same as Mace. " This, however, is denied by 
Matthiolus," observes Adams, " with whom Spren- 
gel agrees, although he admits that the Arabians 
confounded them together. He is disposed to be- 
lieve it the bark of a Malabar tree described by 
Costa, and said to be called Macre." 6 
MAGADIS. (Vid. Lyra ; Musica, Greek.) 
MAGISTER, which contains the same root as 
mag-is and mag-nus, was applied at Rome to per- 
sons possessing various kinds of offices, and is 
thus explained by Festus: 7 " Magislerare, moderari. 
Unde magisiri non solum doctores artium, sed etiam 
pagorum, societatum, vicorum, collegiorum, equitum 
dicuntur ; quia omnes hi magis ceteris 2)ossunt." 
Paulus 8 thus defines the word : " Quibus prcecipua 
cura rerum incumbit, et qui magis quam ceteri dili- 
gentiam et sollicitudinem rebus, quibus prcesunt, de- 
bent, hi magisiri appellantur." The following is a 
list of the principal magistri : 

M.vgister Admissionum. ( Vid. Admissioxales.) 
Magister Armorum appears to have been the 
same officer as the magister militum. 9 

Magister Auctionis. (Vid. Bonorum Emtio.) 
Magister Bibendi. (Vid. Symposium.) 
Magister Collegii was the president of a col- 
legium or corporation. (Vid. Collegium.) 

Magister Epistolarum answered letters on be- 
half of the emperor. 10 

Magister Equitum. (Vid. Dictator, p. 361.) 
Magister Libellorum was an officer or secre- 
tary who read and answered petitions addressed to 
the emperors. (Vid. Libellus, 4, c.) He is called 
in an inscription " Magister libellorum et cognitionum 
sucrarum." 11 

Magister Memorise, an officer whose duty it 
was to receive the decision of the emperor on any 
subject, and communicate it to the public or the 
persons concerned. 13 

Magister Militum. (Vid. Army, Roman, p. 106.) 
Magister Navis. (Vid. Exercitoria Actio.) 
Magister Officiorum was an officer of high rank 
at the imperial court, who had the superintendence 
of all audiences with the emperor, and also had ex- 
tensive jurisdiction over both civil and military offi- 
cers. 13 

1. (Dioscor., iv., 3. — Adams, Append., s. v.) — 2. (Athen., i., 
9 )— 3. (Varro, De Re Rust., hi., 2, 17.— Id., De Liner. Lat., v., 32, 
p. 147, 148. ed. Spengel— Plaut., Aulul., ii., 8, 3.— Ter., Eun., 
ii.,2, 24.— Hor., Sat., ii., 3, 229.— Id., Epist., i., 15, 31.— Sen- 
eca, Epist., 78.)^. (Sueton., Jul., 26.— Id., Vespas., 19.— Var- 
r«,De Re Rust., iii., 2, 4.) — 5. (Pollux, Onorn., ix., 47. — Id. 
ib., x., 19. — Harpocr., s. v. Aziyna.) — 6. (Dioscor., i., 110. — Ad- 
ams, Append., s. v.)— 7. (s. v. Magisterare.) — 8. (Dig-. 50, tit. 16, 
a. 57.)— 9. (Amm. Marc., xvi., 7 ; xx., 9.) — 10. (Orelli, Insert 
2352.)— 11. (Orelli, 1. c.)— 12. (Amm. Marc, xv., 5.— Id., xxvii., 
6.)— 13. (Cod. 1, tit. 31 : 12, tit. 16.— Cod. Theod., i., tit. 9; 
vi.. tit. 9.— Amm. Marceil., xv., 5.— Id., xx., 2. — Id., ucii.. 3.-- 
' issiod., Variar, vi., 6 ) 



Magister Populi. (Vid. Dictator, p. 360.) 

Magister Scriniorum had the care of all the p* 
pers and documents belonging to the emperor. 1 

Magister Societatis. The equites, who farmed 
the taxes at Rome, were divided into certain socie 
ties ; and he who presided in such a society was 
called magister societatis. 3 

Magister Vicorum. Augustus divided Rome into 
certain regiones and vici, and commanded that tha 
people of each vicus should choose magistri to man- 
age its affairs. 3 From an inscription on an ancient 
stone referred to by Pitiscus,* it appears that there 
were four such magistri to each vicus. They were 
accustomed to exhibit the Ludi Compitalitii dressed 
in the prastexta. 5 

MAGISTRA'TUS. A definition of magistratus 
may be collected from Pomponius, De Origine Ju- 
ris. 6 Magistratus are those " qui juri dicundo prcs 
sunt." The king was originally the sole magistra- 
tus ; he had all the potestas. On the expulsion of 
the kings, two consuls were annually appointed, and 
they were magistratus. In course of time other 
magistratus were appointed, so that Pomponius 
enumerates as the magistratus of his time " qui in 
civitate jura reddebant," ten tribuni plebis, two con- 
suls, eighteen praetors, and six aediles. He adds 
that the praefecti annonae et vigilum were not ma- 
gistratus. The dictator was also a magistratus ; 
and the censors ; and the decemviri litibus judican 
dis. The governors of provinces with the title ot 
propraetor or proconsul were also magistratus. Gai 
us attributes the jus edicendi to the magistratus 
populi Romani, without any restriction ; but he says 
that the chief edictal power was possessed by the 
praetor urbanus and the praetor peregrinus, whose 
jurisdictio in the provinces was exercised by thu 
praesides of provinces, and also by the curule aed* 
les, whose jurisdiction in the provinciae populi Rg 
mani was exercised by the quaestors of those prov 
inces. 

The word magistratus contains the same element 
as mag(ister) and mag(nus) ; and it signifies both 
the person and the office, as we see in the phrase 
" se magistralu abdicare. ,, ' r According to Festus, a 
magistratus was one who had "judicium auspicium- 
que." 

According to M. Messala the augur, quoted by 
Gellius, 8 the auspicia maxima belonged to the con- 
suls, praetors, and censors, and the minora auspicia 
to the other magistratus ; accordingly, the consuls, 
praetors, and censors were called majores, and they 
were elected at the comitia centuriata ; the other 
magistratus were called minores. The magistratus 
were also divided into curules and those who were 
not curules : the magistratus curules were the dic- 
tator, consuls, praetors, censors, and the curule aedi- 
les, who were so called because they had the jus 
sellae curulis. The magistrates were chosen only 
from the patricians in the early Republic, but in 
course of time the plebeians shared these honours, 
with the exception of that of the interrex : the ple- 
beian magistratus, properly so called, were the ple- 
beian aediles and the tribuni plebis. 

The distinction of magistratus into majores who 
had the imperium, and the minores who had not, 
had a reference \ i jurisdiction also. The former 
term comprised praetors and governors of provinces ; 
the latter, in the republican time, comprised aediles 
and quaestors, and, under the Empire, the numerous 
body of municipal magistrates. The want of the 
imperium limited the power of the magistratus mi- 



1. (Cod. 12, tit. 9.— Spartian., JE'l. Ver., 4.— Lamprid., Alex. 
Sev., 26.)—2. (Cic, Verr., II., ii., 74.— Id. ad Fain., xiii., 9.- 
Id., Pro Plane, 13.)— 3. (Suet., Octav., 30.— Id., Tib., 76 —Ore] 
li, Inscr., 5, 813, 1530.) — 4. (Lexicon, s. v.)— 5. (Ascun. in Cic. 
Pison., p. 7, ed. Orelli.)— 6. (Dig. 1, tit. 2.)— 7. (Liv., xxiii.,231 
-8 (xhi., 15.) 

607 



MAGNESIUS LAPIS. 



MAJESTAS. 



TtOies in various matters which came under their 
cognizance, and the want of it also removed other 
matters entirely from their jurisdictio (taking the 
word in its general sense). Those matters which 
belonged to jurisdictio in its limited sense were 
within the competence of the magistratus minores 
(vid, Jurisdictio) ; but those matters which belong 
to the imperium "were, for that reason, not within 
the competence of the magistratus minores. As 
proceeding from the imperium, we find enumerated 
the praetoriae stipulationes, such as the cautio damni 
infecti, and ex novi operis nunciatione ; and also 
the missio in possessionem, and the in integrum 
restitutio. Thus it appears that the limited juris- 
dictio was confined to the ordo judiciorum privato- 
rum, and all the proceedings extra ordinem were 
based on the imperium : consequently, a minor ma- 
gistratus could not exercise cognitio, properly so 
called, and could not make a decretum. This con- 
sideration explains the fact of two praetors for ques- 
tions as to fideicommissa being appointed under 
Claudius : they had to decide such matters for all 
Italy, inasmuch as such matters were not within 
the competence of the municipal magistrates. The 
jurisdiction of the municipal magistrates of Cisal- 
pine Gaul was limited, in many cases, to a certain 
sum of money, and this limitation was afterward 
extended to all Italy. Added to this, these magis- 
trates had not the imperium, which, as already ob- 
served, limited their jurisdictio. 

The magistratus minores could take cognizance 
of matters which were not within their jurisdictio, 
by delegatio from a superior magistratus. Thus, in 
the case of damnum infectum, inasmuch as delay 
might cause irreparable mischief, the praetor could 
delegate to the municipal magistratus, who were 
under him, the power of requiring the cautio. 1 

It became necessary to reorganize the adminis- 
tration of Gallia Cisalpina on its ceasing to be a 
province ; and, as the jurisdictio was placed in the 
hands of municipal magistratus who had no impe- 
rium, it was farther necessary to determine what 
should be the form of procedure before these ma- 
gistratus in all matters that w T ere extra ordinem, 
that is, in such matters as did not belong to their 
competence because they w r ere magistratus minores, 
but were specially given to them by a lex. The de- 
termining of this form of procedure w r as the object 
of the lex Rubria. (Vid. Lex Rtjbria.) 2 

The case of adoption (properly so called) illus- 
trates the distinction of magistratus into majores 
and minores, as founded on the possessing or not 
possessing the imperium. 3 This adoption was ef- 
fected " imperio magistratus," as, for instance, be- 
fore the praetor at Rome : in the provincias the same 
thing was effected before a proconsul or legatus, 
both of whom, therefore, had the imperium. The 
municipal magistratus, as they had not the imperi- 
um, could not give validity to such an act of adop- 
tion. 

♦MAGNES (udyvnc, fiayvTjTie, and fiayviric Xidoc), 
the Loadstone or Magnet. " The story of the dis- 
covery of this stone by one Magnes, a shepherd on 
Mount Ida, who found his hob-nailed shoes and 
iron-pointed staff cling to the rock upon which he 
trod, seems to be a poetical fiction, derived by Pliny 
from-Nicander. The name is undoubtedly derived 
from the locality where the stone was first found." 
(Consult the following article.)* 

♦MAGNESIUS LA?IS, a stone found both at 
Magnesia in Thessaly, and near a city of the same 
name in Asia Minor. " As one and the same min- 
eral substance," observes Dr. Moore, " received 
among the ancidits different names, according as 



1. (Dig. 33, tit *5, s 4.)— 2. (Puchta, Zeitschrift, x., p. 195.) 
•*. ( Gains, v, 99.) -4. (Moore's Anc. Mineral., p. 116 ) 
R0» 



it was procured by different methods from differ 
ent places, or from substances apparently unlike ; 
so, on the other hand, things of dissimilar nature 
were called by the same name, merely because ri 
some accidental agreement in colour, place of ori- 
gin, or use to which they were applied. Thus the 
name 'magnet' (or Magnesian stone) was given, 
not only to what we call the native magnet, mag- 
netic oxyde of iron, but to a substance wholly dif- 
ferent, and which appears to have been some varie- 
ty of steatite. It is highly probable that these two 
minerals, so different in character, were both de- 
nominated the magnetic (or Magnesian) stone, from 
their being both found in a country named Magne- 
sia ; for, of the five localities specified by Pliny, 
whence as many varieties of magnet were obtained, 
one is Magnesia in Thessaly, and another a city of 
Asia bearing the same name. And it was here, he 
says, a magnet was found, of a whitish colour, 
somewhat resembling pumice, and not attracting 
iron ; which, taken in connexion with what Theo- 
phrastus says of the magnet, that it was suited for 
turning in the lathe, and of a silvery appearance, 
leads to the inference that this magnet was talc or 
steatite. This mineral contains a large proportion 
of the earth called magnesia, a name of which we 
may thus trace the origin, though perhaps a much 
purer form than this steatite affords, of the earth 
now called magnesia, may have been sometimes 
designated as the magnesian stone ; for, when 
Hippocrates prescribes the use of it as a cathartic, 
it seems highly probable that he meant the native 
carbonate of Magnesia. He certainly does not m- 
tend the magnet, as well because it is not purga- 
tive, as because he elsewhere describes that differ- 
ently as the stone which draws iron, and would 
have named it, not the Magnesian, but the Heraclo-- 
an stone." 1 

*MAGL T/ DARIS (fiayvdapic). Dioscorides ap- 
plies this name to the root of the plant which pro- 
duces asafcetida. Theophrastus, however, Would 
seem to make it a distinct species or variety. ( Vid. 
Silphium.) 2 

*MAIA (/aata), a sort of Crab-fish described by 
Aristotle. Gesner says it is called Araignec de mer, 
or Sea Spider. It is probably, says Adams, the Can- 
cer araneus, L. 3 

*MAINIS (fiaivic), a species of fish, the Sparus 
mana, called in French Mendole ; and in modern 
Greek, according to Coray, Kepovla* 

MAJESTAS is defined by Ulpian 5 to be " crimen 
Mud quod adversus populum Romanum vel adversus 
securitatem ejus committitur." He then gives vari- 
ous instances of the crime of majestas, some of 
which pretty nearly correspond to treason in Eng- 
lish law? but all the offences included under ma- 
jestas comprehend more than the English treason. 
One of the offences included in majestas was the 
effecting, aiding in, or planning the death of a ma- 
gistratus populi Romani, or of one who had imperi- 
um or potestas. Though the phrase " crimen ma- 
jestatis" was used, the complete expression was 
"crimen Icbscb, imminuta, diminutce, minutce, majesta- 
tis." 

The word majestas, consistently with its relation 
to mag(nus), signifies the magnitude or greatness 
of a thing. "Majestas,'''' says Cicero, 6 " est qucedam 
magnitudo populi Romani ;" " majestas est in imperii 
atque in nominis populi Romani dignitate." Accord- 
ingly, the phrases "majestas populi Romani" "im- 
perii majestas," 7 signify the whole of that which 

1. (Plin., H. N., xxxvi., 25. — Theophrast., De Lapid., c. 73.— 
Moore's Anc. Mineralogy, p. 115.) — 2. (Dioscor.,iii., 84. — Theo- 
phrast., H. P., i., 11. — Id. ib., vi., 3. — Adams, Append., s. v.)— 
3. (Aristot., H. A., viii., 19.)— 4. (Aristot., H. A., vi., 15.— Plin. 
H. N., ix., 26. — Coray ad Xenocr. — Adams, Append., s. v.) — 5 
(Dig. 48. tit. 4, s. 1.)— 6. (Part., 30.)— 7. (Hor., Carni., iv., 15 ) 






MAJESTAS. 



AtAJESTAS. 



constituted the Roman slate ; in cu.ti wc.us, the 
sovereign power of the Roman state. The expres- 
sion minnere majestatem consequently signifies any 
act by which this majestas is impaired ; and it is 
thus defined by Cicero : l " Majcstatcm minucre est 
dc dignitate, aut amplitudine, aut potcstate populi aut 
corutn quibus populus potcstatcm dedit, aliquid dero- 
g*re. n * The phrase majestas publica in the Digest 
is equivalent to the majestas populi Romani. In 
the republican period, the term majestas laesa or 
minuta was most commonly applied to cases of a 
general betraying or surrendering his army to the 
enemy, exciting sedition, and generally by his bad 
conduct in administration impairing the majestas 
of the state. 3 

The laws of the Twelve Tables punished with 
death a person who stirred up an enemy against 
Rome, or surrendered a Roman citizen to an ene- 
my.* The leges majestatis seem to have extend- 
ed the offence of majestas generally to all acts 
which impaired the majestas publica ; and several 
of the special provisions of the lex Julia are enu- 
merated in the passage just referred to. 

It seems difficult to ascertain how far the lex Ju- 
lia carried the offence of majestas with respect to 
the person of the princeps. Like many other leges, 
it was modified by senatus consulta and imperial 
constitutions ; and we cannot conclude from the 
title in the Digest, " Ad Legem Juliam Majestatis''' 
that all the provisions enumerated under that title 
were comprehended in the original lex Julia. It is 
stated by Marcianus, as there cited, that it was not 
majestas to repair the statues of the Caesar which 
were going to decay; and a rescript of Severus and 
his son Antoninus Caracalla declared that if a stone 
was thrown and accidentally struck a statue of the 
emperor, that also was not majestas ; and they also 
graciously declared that it was not majestas to sell 
i he statues of the Caesar betore they were conse- 
crated. Here, then, is an instance, under the title 
Ad Legem Juliam Majestatis, of the imperial re- 
scripts declaring what was not majestas. But 
there is also an extract from Saturninus, De Judi- 
ciis, who says that if a person melted down the 
statues or imagines of the imperator which were 
already consecrated, or did any similar act, he was 
liable to the penalties of the lex Julia Majestatis. 
But even this does not prove that this provision 
was a part of the Julia lex as originally passed, for 
a lex, after being amended by senatus consulta or 
imperial constitutions, still retained its name. 

The old punishment of majestas was perpetual 
interdiction from fire and water ; but now, says 
Paulus, 5 that is, in the later imperial period, persons 
of low condition are thrown to wild beasts, or burn- 
ed alive ; persons of better condition are simply put 
to death. The property of the offender was confis- 
cated, and his memory was infamous. 

In the early times of the Republic, every act of a 
citizen which w^s injurious to the state or its peace 
was called perduellio, and the offender (perduellis) 
was tried before the populus (populi judicio), and, if 
convicted, put to death.* Cn. Fulvius 7 was charged 
wiih the offence of perduellio for losing a Roman 
army. According to Gaius, "perduellis" originally 
signified "hostis ;" 9 and thus the old offence of per- 
duellio was equivalent to making war on the Roman 
state. The trial for perduellio (pcrduellionis judi- 
cium) existed to the later times of the Republic ; 
but the name seems to have almost fallen into dis- 
use, and various leges were passed for the purpose 
of determining more accurately what should bema- 



1 (De Invent., ii , 17.)— 2. (Vid. Cic. ad Fain., iii., 11 : " Ma- 
jestDtem auxisti .")—;{. (Tacit., Ann., i., 72.)— 4. (Di?.48, tit. 4, 
b. 3.)— 5. (S. R., T , 39.)— 6. (Liv., ii., 41.— Id., vi., 20.) — 7. 
(Lit., xxvi., 3.)-=> Die. 50, tit. 16, s. 234.) 
\ H 



jestas. These were a lex Apuleia, probably passed 
in the fifth consulship of Marius, the exact contents 
of which are unknown ;* a lex Varia, B.C. 91 ; a lex 
Cornelia, passed by L. C. Sulla, 2 and the lex Julia 
already mentioned, and which, as we have seen, 
continued under the Empire to be the fundamental 
enactment on this subject. This lex Julia is by 
some attributed to C. J. Caesar, and assigned to 
the year B.C. 48, and this may he the lex referred 
to in the Digest ; some assume a second lex Ju- 
lia, under Augustus, but perhaps without sufficient 
grounds. 

Under the Empire the term majestas was applied 
to the person of the reigning Caesar, and we find 
the phrases majestas Augusta, imperatoria, and re- 
gia. It was, however, nothing new to apply the 
term to the emperor, considered in some of his va- 
rious capacities, for it was applied to the magistra- 
tus under the Republic, as to the consul and prae- 
tor. 3 Horace even addresses Augustus* in the 
terms " majatas tua," but this can hardly be view- 
ed otherwise than as a personal compliment, and 
not as said with reference to any of the offices 
which he held. The extension of the penalties to 
various new offences against the person of the em- 
peror belongs, of course, to the imperial period. Au- 
gustus availed himself of the lex for prosecuting the 
authors of famosi libelli (cogniiicv.em de famosis li- 
bellis, specie legis ejus, tractavit*) : the proper infer- 
ence from the passage of Tacitus is, that the leges 
majestatis (for they all seem to be comprised under 
the term " legem majestatis") did not apply to words 
or writings, for these were punishable otherwise. 
The passage of Cicero 6 is manifestly corrupt, and. 
as it stands, inconsistent with the context ; it can- 
not be taken as evidence that the lex Majestatis of 
Sulla contained any provisions as to libellous words, 
as to which there were other sufficient provisions. 
( Vid. Injuria.) Sigonius has attempted to collect 
the capita of the lex Majestatis of Sulla. Undei 
Tiberius, the offence of majestas was extended to 
all acts and words which might appear to be disre- 
spectful to the princeps, as appears from various 
passages in Tacitus. 7 The term perduellio was in 
use under the Empire, and seems to have been 
equivalent to majestas at that period. 

An inquiry might be made into an act of majes- 
tas against the imperator even after the death of 
the offender ; a rule which was established (as we 
are informed by Paulus) by M. Aurelius in the case 
of Druncianus, a senator who had taken part in the 
outbreak of Cassius, and whose property was claim- 
ed by the fiscus after his death. (Perhaps the ac- 
count of Capitolinus, 8 and of Vuluatius Gallicanus,* 
is not inconsistent with the statement of Paulus. "> 
A constitution of S. Severus and Antoninus Cara- 
calla declared that, from the time that an act of 
majestas was committed, a man could not alienate 
his property or manumit a slave, to which the great 
(magnus) Antoninus (probably Caracalla is still 
meant) added, that a debtor could not, after that 
time, lawfully make a payment to him. In the 
matter of majestas, slaves could also be examined 
by torture in order to give evidence against their 
master : this provision, though comprehended in 
the code under the title Ad Legem Juliam Majes- 
tatis, wan perhaps not contained in the original 
law, for Tiberius sold a man's slaves to the actoi 
publicus, 10 in order that they might give evidence 
against their master, who was accused of repetun- 
dae and also of majestas. Women were admitted 



1. (Cic, De Or., ii., 25, 49.)— 2. (Cic. in Pis., 21.— Id., Pr« 
Cluent., 35.)— 3. (Cic, Philipp., xiii., 9.— Cic. in Pis., 11.)— 4 
(Epist., II., i , 288.)— 5. (Tacit., Ann., i., 72.— Dion Cass., lvi., 
27. — Suet., Octav., 55.) — 6. (ad Fam., in., 11.)— 7. (Ann., i., ^3 
74; ii., 50, iii., 38. 66, 07, &c)— 8. (M. Ant. Phil., c. 26.)- 
(Avidins Caasius, c 9.1 — 10. (Ann., iii., 67.) 

fi09 



MALLEUS. 



MALUS. 



as evidence in a case of leesa majestas, and the 
case of Fulvia is cited as an instance. 1 
As to the phrase patria majestas, see Patria 

POTESTAS. 

*MALABATHRUM {ua7Madpov). The Indian 
,ua?\.d6udpov, described in the Periplus of Arrian, 
is indisputably, according to Adams, the Betel, 
or, rather, the Araeca-nut enveloped in the leaves 
of the Betel. There are three species of Betel, 
Lamely, Malabathron hydrosphccrum, mesospharum, 
Bud microspharum. Horace applies the word to an 
ointment or perfume, " perfusus nilentes Malabathro 
Stfrio capillos" on which passage Porphyrion re- 
marks, "Malabathrum unguenti speciem esse scimus." 
Isidorus says of it, " Folium dictum, quod sine ulla 
radice innatans in Indise litoribus colligitur." It 
is uniformly called folium by Apicius. According 
to GeofFroy, it is the leaf of a kind of wild cinna- 
mon-tree. Sprengel, in like manner, holds it to be a 
cassia-leaf. From this conflict of authorities, it 
would appear that the term, though properly signi- 
fying what we have mentioned in the beginning of 
this article, became gradually applied to other and 
different aromatics. 2 

*MAI/ACHE (fiaMxrj). Sprengel, on the author- 
ity of Walpole, decides that the edible fxaMxn of 
the Greeks, or p. K-nnevTr) of Dioscorides, was the 
Malva sylvestris. The SEvdpoualaxv of Galen he sets 
down as the Althcea rozea. According to Sibthorp, 
this is the officinal mallows of the modern Greeks. 
" As emollients, mallows are well known in medi- 
cal practice, the Marsh-mallow {Althaa officinalis) 
being one of the most useful among this kind of 
remedial substances." 3 

*MALACIA (uaTidnia). " One of the inferior 
classes of animals, according to the Aristotelian ar- 
angement, which nearly corresponds to that of 
Cuvier. The cuttle-fish and a few others were 
placed in this class. They are called Mollia by 
Pliny, who, however, is guilty of inconsistency in 
applying this term to the fiakaKoarpaKa on one or 
more occasions." 4 

*MALACOCRANEUS ( uaZaKonpavevc), a bird 
briefly noticed by Aristotle. Gesner concludes that 
it is the "Pica gla,ndaricC\ of Pliny, namely, the 
Jay, or Garrulus glandarius, Brisson, the same as 
the Corvus glandarius, L. 5 

MA'LLEUS, dim. MALLEOLUS {patcrrjp : o<bv- 
pa, dim. o<pvpiov), a Hammer, a Mallet. In the 
hands of the farmer, the mallet of wood served to 
break down the clods (occare) and to pulverize 
them. 6 The butcher used it in slaying cattle by 
striking the head, and we often read of it as used 
by the smith upon the anvil. 7 When several men 
were employed at the same anvil, it was a matter 
of necessity that they should strike in time, and 
Virgil accordingly says of the Cyclopes, " Inter se 
brachia tollunt in numerum"* The scene which 
he describes is represented in the annexed wood- 
cut, taken from an ancient bas-relief, in which Vul- 
can, Brontes, and Steropes are seen forging the 
metal, while the third Cyclops, Pyracmon, blows 
the bellows. 9 Beside the anvil-stand (vid. Incus) 
is seen the vessel of water in which the hot iron 
or bronze was immersed. 10 

But, besides the employment of the hammer upon 
•he anvil for making all ordinary utensils, the smith 



1. (Dig. 48, tit. 4.— Cod. ix., tit. 8.)— 2. (Dioscor., i., 11.— Tsid., 
Orig., xviii., 9. — Adams, Append., s. v.)— 3. (Theophrast., H. P., 
i., 3. — Dioscor., ii., 144. — Adams, Append., s. v.) — 4. (Adams, 
Append., s. v.) — 5. (Aristot., II. A., ix., 18. — Adams, Append., 
a. v.) — 6. <Colum., De Re Rust., ii., 13. — Id. ib., xi., 2. — Virg., 
Oeorg., i., 105. — Brunck, Anal., ii., 53, 215. — Id. ib., iii., 44. — 
Aristoph., Pax, 566.— Pollux, Onom., i., 12.— Id. ib.,x., 29.)— 7. 
(Ovid, Met., ii., 627.— Horn., II., xviii., 477.— Od., iii., 434.— 
A poll. Rhod., iii , 1254. — Herod. ,i., 68. — Callim., Hymn, in Di- 
»u., 59.— Aristot., De Gen. Anim., v., 8.) — 8. (Georg., iv., 174. 

-^En., viii., 452.)—9 UEn . viii , 425.)— 10. (Ib., v., 450, 451.) 
610 




(xalnevc) wrought with this instrument figuies 
called epya a^vprjlara (or oloa^vpnTa 1 ), which were 
either small and fine, some of their parts being 
beaten as thin as paper, and being in very high re- 
lief, as in the bronzes of Siris {vid. Lorica, p. 598), or 
of colossal proportions, being composed of separate 
plates riveted together ; of this, the most remark- 
able example was the statue of the sun of wrought 
bronze (oyvpriTiarog koTioococ ; 2 fiaioTvpononLa 3 ), sev- 
enty cubits high, which was erected in Rhodes. 
Another remarkable production of the same kind 
was the golden statue of Jupiter, 4 which was erect- 
ed at Olympia by the sons of Cypselus. The right- 
hand figure of Hercules, in the woodcut at page 93, 
is taken from the remains of a very ancient bronze 
candelabrum, found in 1812 near Perugia, and now 
preserved in the Glyptothek at Munich. It consists 
of embossed plates, finely wrought with the ham- 
mer, and the small rivets for holding them togeth- 
er are still visible. 

By other artificers the hammer was used in con- 
junction with the chisel {vid. Dolabra), as by the 
carpenter (pulsans malleus ;* woodcut, p. 62) and 
the sculptor. 

The term malleolus denoted a hammer, the trans- 
verse head of which was formed for holding pitch 
and tow, which, having been set on fire, was pro- 
jected slowly, so that it might not be extinguished 
during its flight, upon houses and other buildings 
in order to set them on fire, and which was, there- 
fore, commonly used in sieges, together with torehe? 
and falaricas/ {Vid. Hasta, p. 489.) 

"When the shoot of a vine was cut in order to be 
set in the ground, part of the stem was also cut 
away with it, and bore a resemblance to the head 
of a hammer ; hence such cuttings were called 
malleoli. 7 

*MALINOTHALLE (fiahivoddlAn), a plant which, 
according to Bauhin, some had taken for the Cyperus 
csculentus. Stackhouse adopts this opinion. 8 

*MALTHE (udXdtj), a fish mentioned by Oppian, 
Athenaeus, and iElian. All that we can ascertair 
of it, remarks Adams, is, that it was of the Ceta- 
ceous tribe. 9 

*M ALVA. ( Vid. Mal ache . ) 

*MALUM {[ifi?Mv). " According to Macrobiua 
the ancients applied the term mala to all kinds of 
fruit which have the hard part or kernel within, 
and the esculent part outside. The various kinds 
treated of by ancient authors will be found under 
their several heads." 10 

MALUS {'laroc). The ancients had vessels with 

1. (Brunck, Anal., ii., 222.)— 2. (Theocri*., »xii., 47.)— 3. 
(Philo, De 7 Spectac., 4, p. 14, ed. Orelli.)— 4. (Strabo, viii., 6, 
20.— Plat., Phaedr., p. 232, Heindorf.)— 5. (Coripp., Do Laud. 
Just., iv., 47.; — 6. (Liv., xxxviii., 6. — Non. MarcelL, p. ?56, 
ed. Lips.— Festus, s. v. — Cic, Pro Mil., 24. — Veget., De R« 
Mil., iv., 18. — Vitruv., x., 16. 9, ed. Schneidei-.) — 7. (Cio., D* 
Sen., 15.— Col., De Re Rust., iii., 6.— Id. ib., xi., 2.)— 8. (Theo- 
phrast., H. P., iv., 8.— Adams, Append., s. v.)— 9. (Adams, Ap 



pend., 
s. v.) 



s. v.) — 10. (Macrob., Sat., iii., 19. — Adams, Appc; 



MANCIHI CAUSA. 



MANCIPIUM. 



cne two, and three masts. The inscriptions recent- 
ly discovered at Athens contain a perfect inventory 
of all the gear issued to trieres and tetreres, and 
they have been illustrated and deciphered by 
Bockh. 1 From this work we perceive that two 
masts were issued from the veupiov for every trieres, 
and are enabled to correct Hesychius, who calls the 
f.rst or mainmast ukuteloc, whereas this is unques- 
tionably the foremast. The other lexicographers 
either omit the word, or give an imperfect sense to 
it. These inscriptions enable us to give it an ex- 
act signification. In n., 92, they give Iarov /neya- 
Xov and iarov unareiov as distinct gear. The masts 
of the tetreres are similarly termed larovc, xi., e. 
For a triakonter, two masts, both termed carol, ap- 
pear, xvii., sub init. In two-masted ships the small- 
er mast w T as usually near the prore. In three- 
masted ships the size of the masts decreased as 
they approached the stem ; the largest was the near- 
est to the stern. The mast was of one entire piece. 
Pliny* tells us the mast and the yards were usually 
of fir. Respecting the mode in which the yard 
was affixed to the mast, see the article Antenna. 
We do not find in the inscriptions alluded to, and 
which are mostly of the sera of Demosthenes, who 
is named in them, any terms by which parts of the 
mast are described. It seems to have been always 
issued to the trierarch as a piece of solid gear. The 
price of the large mast is given in these inscrip- 
tions (probably, as Bockh conjectures, with hoops, 
&e.) at 37 drachmae. Pliny 3 attributes the inven- 
tion of the mast to Daedalus. 

MALUS OCULUS. (Vid. Fascinum.) 
MANCEPS has the same relation to mancipium 
that auspex has to auspicium. It is properly qui 
manu capit. But the word has several special sig- 
nifications. Mancipes were those who bid at the 
public lettings of the censors for the purpose of 
farming any part of the public property.* Some- 
times the chief of the publicani generally are meant 
by this term, as they were no doubt the bidders 
rind gave the security, and then they shared the 
undertaking with others, or underlet it. 5 The man- 
cipes would accordingly have distinctive names, ac- 
cording to the kind of revenue which they took on 
lease, as decumani, portitores, pecuarii. Suetoni- 
us 6 says that the father of Petro was a manceps of 
labourers (opera) who went yearly from Umbrium 
to Sabinum to cultivate the land ; that is, he hired 
them from their masters, and paid so much for the 
use of them, as is now often done in slave coun- 
tries. The terms mancipes thermarum et salina- 
rum occur in the Thedosian Code. 7 
MANCIPA'TIO (Vid. Mancipium.) 
MA'NCIPI RES. (Vid. Dominium.) 
MANCI'PII CAUSA. The three expressions by 
which the Romans indicated the status in which a 
free person might be with respect to another, were 
in potestate, in manu, and in mancipio ejus esse. 3 
In consequence of his potestas, a father could man- 
cipate his child to another person, for in the old 
times of the Republic his patria potestas was hardly 
Vstinguished from property ; the act of begetting 
was equivalent to the acquisition of ownership. A 
husband had the same power over a wife in manu, 
for she was " filiae loco." Accordingly, a child in 
potestate and a wife in manu were properly res 
mancipi, and they were said to be in mancipio. 
Still such persons, when mancipated, were not ex- 
actly in the relation of slaves to the persons to 
whom they were mancipated, but they occupied a 
status between free persons and slaves, which was 



1. (" TJrVmdendas Seeweesen des A-tischen Staatcs," Berlin, 
1840.)— 2. (xvi., 76.) — 3. (vii., 57. —4. (Festus, s. v. Man- 
ceps.— Cic. Pro Plane, 13.)— 5. (A»i"a, in Div. Ver., c. 10.) — 
6. (Veep , 1.)— 7. (xiv . tit. 5, s. 3.> P. (Gains, i., 49.) 



expressed by the words mancipii causa. Such per 
sons as were in mancipii causa were not sui juris, 1 
and all that they acquired was acquired for the 
persons to whom they were mancipated. But they 
differed from slaves in not being possessed ; they 
might also have an injuriarum act^o for ill-treat- 
ment from those who had them in mancipio, and 
they did not lose the rights of ingenui, but these 
rights were only suspended. As to contracts, thy 
person with whom they contracted might obtain 
the sale of such property (bona) as would have been 
theirs if they had not been in mancipii causa, a» 
Gaius expresses it. a Persons in mancipii causa 
might be manumitted in the same way as slaves, 
and the limitations of the lex vElia Sentia and Furia 
Caninia did not apply to such manumissions. The 
person who effected the manumission thereby ac- 
quired a kind of patronal right, which was of some 
importance in the matters of hereditas and tutela. 

The strict practice of mancipatio had fallen into 
disuse in the time of Gaius, and probably still ear- 
lier, and it had then become a mere legal form by 
which the patria potestas was dissolved (vid. Eman- 
cipation except a person was mancipated ex nox- 
ali causa. In case of delicts by the son, the father 
could mancipate him (ex noxali causa mancipio dare), 
and one act of mancipatio was considered suffi- 
cient ; 3 but the son had a right of action for recov 
ering his freedom, when he had worked out the 
amount of the damage.* Justinian put an end to 
the noxae datio in the case of children, which, in- 
deed, before his time had fallen into disuse. 5 

In his time, Gaius remarks, 6 that men were not 
kept in mancipii causa (in eo jure) for any long time, 
the form of mancipatio being only used (except in 
the case of a noxalis causa) for the purpose of eman- 
cipation. But questions of law still arose out of 
this form ; for the three mancipationes, which were 
necessary in the case of a son, might not always 
have been observed. Accordingly, a child begotten 
by a son who had been twice mancipated, but born 
after the third mancipatio of his father, was still in 
the power of his grandfather. A child begotten by 
a son who was in his third mancipatio, came into 
his father's power if he was manumitted after that 
mancipation ; but if the father died in mancipio, the 
child became sui juris. 7 

Coemptio, by which a woman came in manum. 
was effected by mancipatio, and the coemptio might 
be either matrimonii causa or fiduciae causa. The 
fiduciae causa coemptio was a ceremony which was 
necessary when a woman wished to change her 
tutores, and also when she wished to make a will • 
but a senatus consultum of Hadrian dispensed with 
the ceremony in the latter case. 8 

Dion Cassius 9 says that Tiberius Nero transferred 
or gave (efedw/ce) his wife to Octavianus, as a father 
would do ; and the transfer of his wife Marcia by 
the younger Cato to Quintus Hortensius 10 is a well- 
known story. It is probable that in both these 
cases the wife was in rnanu, and, accordingly, might 
be mancipated, and her children born to her new 
husband would be in his power. 

The situation of a debtor who was adjudicated to 
his creditor resembled that of a person who was in 
mancipii causa. 

. MANCFPIUM. The etymology of this word ia 
the same as that of the word mancipatio, of which 
Gaius 11 says, "Mancipatio dicitur quia manures ca- 
pitur." The term mancipium, then, is derived from 
the act of corporeal apprehension of a thing ; and 
this corporeal apprehension is with reference to the 
transfer o' the ownership of a thing. It was not a 



1. (Gaius. ,., 48-50.)— 2. (iv., 80.)— 3. (Gaius, iv., 75-78.— Liv., 
viii., 28.) — 4. (Mos. et Rom. Leg. Coll., ii., 3.) — 5 (Inst., iv., 
tit. 8, s. 7.) -6. (i., 141.)— 7. (Gaius, i., 135.)— 8. (Gaius, i., 115, 
Ac.)— 9. (*iv;ii.,44.)— 10. (Plut.,Cat. Min.,c.25.) — 11. (i., 12L) 

611 



MANCIPIUM. 



MANDATUM. 



•nnple corporeal apprehension, but one which was 
accompanied with certain forms described by Gaius : 2 
" Mancipatio is effected in the presence of not less 
than five witnesses, who must be Roman. citizens 
and of the age of puberty (puberes), and also in the 
presence of another person of the same status, who 
holds a pair of brazen scales, and hence is called 
Libripens. The purchaser (qui mancipio accipit), 
taking hold of the thing, says, I affirm that this 
slave (homo) is mine ex jure Quiritium, and he is 
purchased by me with this piece of money (as) and 
brazen scales. He then strikes the scales with the 
piece of money, and gives it to the seller as a sym- 
bol of the price (quasi pretii loco).'''' The same ac- 
count of the matter is given more briefly by Ulpian. 2 
This mode of transfer applied to all res mancipi, 
whether free persons or slaves, animals or lands. 
Lands (prcedia) might be thus transferred, though 
the parties to the mancipatio were not on the lands ; 
but all other things, which were objects of manci- 
patio, were only transferable in the presence of the 
parties, because corporeal apprehension was a ne- 
cessary part of the ceremony. Gaius calls manci- 
patio " imaginaria qucedam vsnditio ;" for, though the 
law required this form for the transfer of the quiri- 
tarian ownership, the real contract of sale consisted 
in the agreement of the parties as to the price. The 
party who transferred the ownership of a thing pur- 
suant to these forms was said "mancipio dare;" he 
who thus acquired the ownership was said "mancip- 
io accipere." The verb " mancipare" is sometimes 
used as equivalent to "mancipio dare." Horace 3 
uses the phrase "mancipat usus," which is not an 
unreasonable license : he means to say that " usus" 
or usucapion has the same effect as mancipatio, 
which is true ; but usus only had its effect in the 
case of res mancipi, where there had been no man- 
cipatio or in jure cessio. 

Mancipatio is used by Gaius to express the act 
of transfer, but in Cicero the word mancipium is 
used in this sense.* 

The division of things into res mancipi and nee 
mancipi had reference to the formalities requisite to 
be observed in the transfer of ownership. It is 
stated in the article Dominium what things were 
things mancipi. To this list may be added children 
of Roman parents, who were, according to the old 
law, res mancipi. (Vid. Mancipii Causa.) The 
quiritarian ownership of res mancipi could only be 
immediately transferred by mancipatio or in jure 
cessio ; transfer by tradition only made such things 
in bonis. The quiritarian ownership of res nee 
mancipi was acquired by tradition only. Quiritarian 
ownership is called mancipium by the earlier Ro- 
man writers : the word dominium is first used by 
later writers, as, for instance, Gaius. Mancipatio 
could only take place between Roman citizens or 
those who had the commercium ; which, indeed, 
appears from the words used by the purchaser. 6 

The old word, then, by which this formal transfer 
of ownership was made, was mancipium, which oc- 
curs in the Twelve Tables. 6 The v/ord nexum or 
nexus is also sometimes used in the same sense. 
Cicero 7 defines " abalienatio" to be " ejus rei qua 
m&ncipi est ;" and this is effected either by " traditio 
alteri nexu aut in jure cessio inter quos ca jure civili 
fieri possunt." According to this definition, "aba- 
lienatio" is of a res mancipi, a class of things deter- 
minate ; and the mode of transfer is either by " tra- 
ditio nexu" or by "in jure cessio." The two modes 
correspond respectively to the "mancipatio" and 
*' in jure cessio" of Gaius, 8 and, accordingly, manci- 



I. (i., 119.)— 2. (Frag., xix.)— 3. (Epist., ii.,2, 159.)— 4. (Cic, 
De Off., iii., 16. — Id., De Orat., i., 39.) — 5. (Gaius, i., 119.— 
Ulp., Fiag., xix., 3.)— 6. (Dirksen, Uebersicht, &c, p. 395.)— 7. 
<Top..5.)— 8. (ii., 41.) 
612 



patio, or the older term mancipium, is equivalent u 
"traditio nexu:" in other words, mancipium was 4 
nexus or nexum. Cicero 1 uses both words in the 
same sentence, where he speaks of various titles ta 
property, and among them he mentions the jus 
mancipii and jus nexi. He may mean here to 
speak of the jus mancipii in its special sense, aa 
contrasted with the jus nexi, which had a wider 
meaning ; in another instance he uses both words 
to express one thing. 2 According to iElius Gallus, 
everything was " nexum" " quodcunque per ces ei 
libram geritvr ;" and as mancipatio was effected 
per aes et libram, it was consequently a nexum. 
The form of mancipatio by the aes and libra con- 
tinued probably till Justinian abolished the distinc- 
tion between res mancipi and res nee mancipi. It 
is alluded to by Horace, 3 and the libra, says Pliny/ 
is still used in such forms of transfer. 

When things were transferred mancipio, the vend 
or was bound to warranty in double of the amount 
of the thing sold. 5 A vendor, therefore, who had a 
doubtful title, would not sell by mancipium, but would 
merely transfer by delivery, and leave the purchaser 
to obtain the quiritarian ownership of the thing by 
usucapion. 6 Accordingly, Varro observes, 7 that if 
a slave was not transferred by mancipium, the 
seller entered into a stipulatio dupli, to be enforced 
by the buyer in the case of eviction ; when the 
transfer was by mancipium, this stipulation was not 
necessary. The terms of the contract were called 
lex mancipii, but it is not necessary to infer from 
the passage of Cicero 8 that the lex contained the 
penalty, but merely that it contained what the sellei 
warranted. 9 

It will easily result from what has been said, that 
mancipium may be used as equivalent to complete 
ownership, and may thus be opposed to usus, as ii 
a passage of Lucretius that has been often quoted, 1 ' 
and to fructus. 11 Sometimes the word mancipium 
signifies a slave, as being one of the res mancipi 
this is probably the sense of the word in Cicero, 1 
and certainly in Horace. 13 Sometimes mancipia i* 
used generally for res mancipi, 1 * unless rem mancipi 
is the right reading in that passage. 

The subject of mancipium and mancipatio is dis- 
cussed by Corn. Van Bynkershoek, Opusculum de 
Rebus Mancipi et Nee Mancipi. 

MANDA'TI ACTIO. (Vid. Mandatum.) 

MANDA'TUM exists when one person commis- 
sions another to do something without reward, and 
that other person undertakes to do it : and general- 
ly it may be stated, that whenever a man gives a 
thing to another to do, w 7 hich, if the thing were to 
be done for pay (merces), would make the transac- 
tion a contract of locatio and conductio, the right to 
the actio mandati arises ; as, if a man gives clothes 
to a fullo to be furbished up and cleaned, or to a 
tailor (sarcinator) to mend. The person who gave 
the commission was the mandator, he who received 
it was the mandatarius. The mandatum might be 
either on the sole account of the mandator, or on 
another person's account, or on tin; account of the 
mandator and another person, or on account of the 
mandator and mandatarius, or on the account of 
the mandatarius and another person. But there 
could be no mandatum on the account (gratia) of the 
mandatarius only ; as if a man were to advise an- 
other to put his money out to interest, and it were 
lost, the loser would have no mandati actio against 
his adviser. If the advice were to lend the money 
to Titius, and the loan had the like result, it was a 

1. (De Harusp. Resp., c. 7.) — 2. (ad Fam., iv., 30.) — 3. 
(Epist., ii., 2, 158.)— 4. (H. N., xxxiii., 3.)— 5. (Paulus, S. R., 
ii., 16.)— 6. (Pkat., Cure, iv., 2, 9.— Id., Persa, iv., 3, 55.)— 7. 
(De Re Rustica. ii., 10.)— 8. (De Or., i., 39.)— 9. {Vid. ProMu- 
ramr , c. 2.)— 10 (iii., 985.)— 11. (Cic. ad Fam., vii., 29, 30.)— 
12. ,Top., 5.)- 13. (Epist., i.. 6, 39.)— 14. (Ulp., tit. xi., s. 2.) 



AlANKJA. 



MANIPULUS. 



question whether this was a case of mandatum ; 
but the opinion of Sabinus prevailed that it was. 
It was not mandatum if the thing was contra bonos 
mores, or, in other words, if the object of the man- 
datum was an illegal act. A mandatum might be 
general or special : and the mandatarius was bound 
to keep within the limits of the mandatum. The 
mandator had an utilis actio against such persons 
as the mandatarius contracted with ; and such per- 
sons had the like action against the mandator, and 
a directa actio against the mandatarius. The man- 
dator and mandatarius had also respectively a di- 
recta actio against one another in respect of the 
mandatum : the actio of the mandatarius might 
be for indemnity generally in respect of what he 
had done bona fide. If the mandatarius exceeded 
his commission, he had no action against the man- 
dator; but the mandator, in such case, had an action 
for the amount of damage sustained by the non-ex- 
ecution of the mandatum, provided it could have 
been executed. The mandatum might be recalled 
so long as no part of it was performed (dura adhuc 
ir.tegra res est). In the like case, it was also dis- 
solved by the death of either party ; but if the 
mandatarius executed the mandatum after the death 
of the mandator, in ignorance of his death, he had 
his action, of course, against the heres. According 
to Cicero, a mandati judicium was "non minus tur- 
pe quam furti j" 1 which, however, would obviously 
depend on circumstances. (Vid. Infamia.) 

Mandatum is sometimes used in the sense of a 
command from a superior to an inferior. Under the 
Empire, the mandata principnm were the commands 
and instructions given to governors of provinces and 
others. Frontinus 2 classes the mandata principum 
with lex and senatus consulta. 3 

MANDRJE. (Vid. Latrunccjli.) 

*MANDRAG'ORAS (fiavdpayopac), the Man- 
drake. " It is to be remarked," observes Adams, 
" that the pavdpayopac of Theophrastus is different 
from that of Dioscorides. Dodoneeus determines 
the former to be the Atropa Belladonna. According 
to Sprengel, the M. of Dioscorides is the Mandra- 
goras vcraal/s, Bertol., and the M. fozmina the M. 
autumnalis. On the Mandragoras, see an interest- 
ing disquisition in the Hierobotanicon of Celsius."* 

MANDYAS. (Vid. Lacerna.) 

MA'NICA, a Sleeve. Besides the use of sleeves 
sewed to the tunic, which, when so manufactured, 
was called Chiridota, or " manicata tunica,'' 5 
sleeves were also worn as a separate part of the 
dress. Palladius 6 mentions the propriety of provi- 
ding " ocreas manicasque de pellibus," i. e., leggins and 
sleeves made of hides, as useful both to the hunts- 
man and to the agricultural labourer. The Roman 
gladiators wore, together with greaves, a sleeve of 
an appropriate kind on the right arm and hand, 7 as 
is exhibited in the woodcuts at page 477. 

These parts of dress are mentioned together even 
as early as the Homeric age. 8 In this passage the 
manica3 (xeipidec) seem to be mittens, worn on the 
hands to protect them from briers and thorns : and 
Eustathius, in his commentary on the passage, dis- 
tinguishes between simple mittens, such as our 
abourers use in hedging, and gloves, which he calls 
\cipideg daKTvXuTat. 9 

Gloves with fingers (digitalia 10 ) were worn among 
the Romans for the performance of certain manual 
operations. Pliny the younger refers also to the 
use of manicae in winter to protect the hands from 
co ld. 11 Those u sed by the Persians were probably 

1. (Pro Rose. Amer., c. 35.)— 2. (De Aquaeduct.)— 3. (Gaius, 
';:., 155-162.— Id., iv., 83, 84.— Dig-. 17, tit. 1.)— 4. (Adams, 
-Append., s. v.)— 5. (Curt., iii., 7, p. 12, ed. Zumpt.)— 6. (De 
Re Rust., i., 43.)— 7. (Juv., vi., 255.)— 8 (Vid. Odvss.. xxiv. r 
22<. 229.)— 9. (p. 1960, inn.)— 10. (Varro, D? Re Rust., i.. 55 ) 
—11. (Epist., in., 5.) 



made of fur, perhaps resembling muffs ; the Persians 
also wore gloves in winter (6aKrv?J]dpac l ). In an 
enumeration of the instruments of torture used in 
the fourth century of the Christian era, we observe 
"the glove," 2 but its construction or material is 
not described. 

Handcuffs were called maniccc. 3 

Besides the tunica manicata with sleeves reach- 
ing either to the elbow or to the wrist, of which a 
description is given under Chiridota, there was 
another variety, in which the sleeves came down 
only a little below the shoulder (see woodcut, page 
332). The Exomis had a short sleeve for the left 
arm only. The sleeves of the Persian tunic (Can* 
dys) were exceedingly wide. 

MANFPULUS. The original meaning of the 
word, which is clearly derived from manus, was a 
handful or wisp of hay, straw, fern, or the like ;* and 
this, according to Roman tradition, affixed to the 
end of a pole, formed the primitive military standard 
in the days of Romulus ; 5 hence it was applied to a 
detachment of soldiers serving under the same en- 
sign (see Varro, Ling. Lat., v., 88 ; vi., 85, who 
connects it in this sense directly with manus) ; and 
when the ponderous mass of the phalanx was re- 
solved into small battalions marshalled in open 
order, these were termed manipuli, 6 and varied in 
numbers at different periods according to the vary- 
ing constitution of the legion. 

1. The earliest account of their formation is 
given in Livy, 7 where the narrative is in itself 
sufficiently intelligible, although the whole chapter 
has been elaborately corrupted by Lipsius and oth- 
ers, who were determined to force it into accord- 
ance with the statements of Polybius, which refer 
to the Roman army as it existed 200 years later. 
According to the plain sense of the passage in ques- 
tion, the legion, in the year B.C. 377, was drawn up 
in three lines, as described on page 103. The front 
line, or hastati, consisted of 15 manipuli, each ma- 
nipulus containing 62 soldiers, a centurion, and a 
vexillarius. The second line, or principes, consist- 
ed, in like manner, of 15 manipuli, this combined 
force of 30 manipuli being comprehended under the 
general appellation of antcpilani. The third line, or 
triarii, was also drawn up in 15 divisions, but each 
of these was triple, containing 3 manipuli, 3 vexil- 
la, and 186 men. In these triple manipuli the vet- 
erans, or triarii proper, formed the front ranks ; im- 
mediately behind them stood the rorarii, inferior in 
age and renown, while the accensi, less trustworthy 
than either, were posted in the extreme rear. The 
battle array may be represented as in the woodcut 
in the following page. 

If the hastati and principes were successively re- 
pulsed, they retired through the openings left be- 
tween the maniples of the triarii, who then closed 
up their ranks so as to leave no space between 
their maniples, and presented a continuous front 
and solid column to the enemy : the heavy-armed 
veterans in the foremost ranks, with their long pila, 
now bore the brunt of the onset, while the rorarii 
and accensi behind gave weight and consistency to 
the mass, an arrangement bearing evidence to a 
lingering predilection for the principle of the pha- 
lanx, and representing, just as we might expect at 
that period, the Roman tactics in their transition 
state. The only change made in the common read- 
ing of Livy, according to the above explanation, is 
the substitution suggested by Stroth, of " Ordo scx- 

1. (Xen., Cyrop., viii., 8, t) 17.)— 2. (Svnes., Epist., 58.)— 3. 
(Vir?., Georg., iv., 439.— JEn., ii., 146.— Plaut., Asin., ii., 2, 38 
— Capt., iii., 5, 1. — Most., v., 1, 17. — Non. Marcell., s. v. Mani- 
cce.) — 4. (Vvcg., Georg., i., 400.— Id. ib., iii., 297-)— 5. (Ovid, 
Fast., iii., 117. — Compare Plut., Rem., 8. — Aurel. Vict., Orig. 
Gent. Rom., 22. — Donat. in Ter., Eun., IV., vii., 61. — Isidor. 
iviii., 3 J>~ 6. (Niebuhr, Hist, of Rome, i., 469 )— 7. (viii. 8.) 

613 







MANIPULUS. 






MANSIO. 






1 1 


I 




-i 

i L 


1 5 Manipuli 
















r 


L 






15 ManipuL 
of Principos 




• * 


c 








Triani proper 


i 




i 




\ 












I 15 triple 
/Manipuli of 


ilorani . . 


l 




i 




• 










[ Tirani. 


iccensi . . 


k ! 




C 


i 





etgenos milites et duos, centurionem et vexillarium 
unum," for " Ordo sexagenos milites, duos centuri- 
ones," &e., an emendation, the truth of which seems 
to be demonstrated by the context in the subse- 
quent paragraph, where the triple vexillum or ma- 
nipulus is said to have contained 186 men, i. e., 
3x62. It must be observed that the words ordo, 
manipulus, vexillum, are throughout the chapter em- 
ployed as synonymous, and they continued to be 
used indifferently even in the time of Polybius, 1 
Kat to fiev fxspog enaoTov £Ka?»eo~av not rdyua kol 
anecpav nal crjuaiav. The numbers of the legion 
thus described are stated by Livy at 5000 ; the cal- 
culation will stand as follows : 

Hastati 15 X 62= 930 

Principes . . . . . 15 X 62= 930 

Triarii .' 15x186=2790 

Centuriones et Vexillarii =150 

4800 
The remaining 200 may have been skirmishers 
not included in the manipular battalions ; or we 
may suppose that Livy spoke in round numbers, in 
which case, instead of " Scribebantur autem qualuor 
fere legiones quinis millibus peditum," we should 
adopt the almost necessary correction, "Scribeban- 
tur autem quatuor legiones quinis fere millibus pedi- 
tum" 

2. In the time of Polybius (B.C. 150) the legion 
contained 4200 men, except in cases of great emer- 
gency, when it was augmented to 5000. 2 It was 
divided into 1200 hastati, 1200 principes, 600 tria- 
rii, the remaining 1200 being velites, who were dis- 
tributed equally among the three lines. When the 
legion exceeded 4200, the numbers of the hastati, 
principes, and velites were increased in proportion, 
the number of triarii always remaining the same 
(600). The hastati, principes, and triarii were sub- 
divided each into 10 manipuli or ordines, and in each 
manipulus there were two centuriones, two optiones, 
and two signiferi : hence, when the legion consisted 
of 4200, a manipulus of the hastati or of the principes 
would contain 120 men, including officers, and a 
manipulus of the triarii in all cases 60 men only. 

3. At a subsequent period, probably during the 
wars of Marius, certainly before the time of Caesar, 
the practice of marshalling an army in three lines 
was changed, and the terms hastati, principes, and 
triarii fell into disuse. The legion, as explained 
under Army, p. 104, was now divided into 10 co- 
hortes, each cohors into three manipuli, and each 
manipulus into two centurice, the manipulus thus 
constituting ■£$ th part of the whole. It ought to be 
remarked, that the locus classicus on this subject 
(see p. 104) is a quotation by Aulus Gellius from 
" Cincius, Be Re Militari." This Cincius is gener- 
ally supposed to be the same person as Cincius Aii- 
rnentus the annalist ; but this is manifestly impos- 
sible, for Alimentus served during the second Punic 
war, and Polybius, who flourished full fifty years 
later, gives no hint of any such arrangement of the 
Roman troops. 



614 



1. (vi., 20.)— 2. (Polyb.. vi.. 20 ) 



4. We may infer that manipulus maintained its 
last-mentioned signification under the first empet 
ors from Tacitus, 1 where Germanicus, when haran 
guing the mutinous legions " Adsistentem contionem 
quia permixta videbatur, discedere in manipulos jubet, 
. . . vexilla prceferri, ut id saltern discerneret cohortes ;" 
but in Ann., xiv., 58, the word is applied more 
loosely to a detachment of 60 men, who were de- 
spatched under the command of a centurion to Asia 
for the purpose of putting Plautus to death. 

5. Vegetius 2 (A.D. 375) employs manipulus as an 
antiquated term, equivalent to contubernmm, indi- 
cating a company of 10 soldiers who messed to- 
gether in the same tent. 

Isidorus 3 defines a manipulus to be a body of 200 
soldiers, which will apply to the period when the 
legion contained 6000 men. See, on the whole of 
this subject, Le Beau, Memoire du Maniple et ses 
parties in the Memoires de VAcademie des Inscrip- 
tions, &c, t. xxxii., p. 279. The views, however, 
of this writer are far from being uniformly correct. 

MA'NSIO (ffrafyioc), a post-station at the end of 
a day's journey. 

The great roads, which were constructed first by 
the kings of Persia and afterward by the Romany 
were provided, at intervals corresponding to thti 
length of a day's journey, with establishments of 
the same kind with the khans or caravanseras 
which are still found in the East. There were 111 
such stations on the road from Sardes to Susa, 4 
their average distance from one another being some- 
thing less than 20 English miles. The khan, erect- 
ed at the station for the accommodation of travel- 
lers, is called by Herodotus Karakvaiq and icarayt^- 
yij. To stop for the night was Karalveiv.* As the 
ancient roads made by the kings of Persia are still 
followed to a considerable extent, 6 so also there is 
reason to believe that the modern khan, which is a 
square building enclosing a large open court, sur- 
rounded by balconies with a series of doors entering 
into plain, unfurnished apartments, and having a 
fountain in the centre of the court, has been copied 
by uninterrupted custom from the Persic Karalvaig. 
and that, whether on occasion of the arrival of ar- 
mies or of caravans, they have also served to afford 
a shelter during the night both to man and beast. 

The Latin term mansio is derived from manere, 
signifying to pass the night at a place in travelling. 
On the great Roman roads the mansiones were at 
the same distance from one another as on those of 
the Persian empire. They were originally called 
castra, being probably mere places of encampment 
formed by making earthen intrenchments. In pro- 
cess of time they included not only barracks and 
magazines of provisions (horrea) for the troops, but 
commodious buildings adapted for the reception of 
travellers of all ranks, and even of the emperor 
himself, if he should have occasion to visit them. 
At these stations the cisiarii kept gigs for hire and 



1. (Ann., i., 34.)— 2. (ii., 13.)— 3. (ix., 3.)— 4. (Herod., v., 52. 
53 ; vi., 118.)— 5. (Xen., Anab., i., 8.— ^Elian, V. H., i., 32.)— 6- 
(Heeren, Ideen, i.. 2, p. 193-203, 713-720.) 



MANTICHORA. 



MANUMISSIO. 



for conveying government despatches. {Vid. Cisi- 
um.) The mttnsio was under the superintendence 
of an officer called mansionarius. 

Besides the post-stations at the end of each day's 
journey, there were on the Roman military ways 
others at convenient intervals, which were used 
merely to change horses or to take refreshment, 
and which were called mutationes (ukTiayai). There 
were four or five mutationes to one mansio. The 
liinerarium a Burdigala Hierusalem usque, which is 
a road-hook drawn up about the time of Constan- 
tine, mentions in order the mansiones from Bor- 
deaux to Jerusalem, with the intervening mutationcs, 
and other more considerable places, which are call- 
ed either civitates, vici, or castclla. The number of 
leagues (leugce) or of miles between one place and 
another is also set down. 

MANTE'LE (xetpopaKTpov, x El P £K } ia y^ 0V )i a nap- 
kin. The circumstance that forks were not invent- 
ed in ancient times, gave occasion to the use of 
napkins at meals to wipe the fingers ; l also, when 
the meal was finished, and even before it commen- 
ced, an apparatus was carried round for washing 
the hands. A basin, called in Latin malluvium, 2 
and in Greek jepv4i/>, x e P vl ^ 0V i or x eL P° VL7CT P 0V ( v ^- 
Chernips), was held under the hands to receive the 
water, which was poured upon them out of a ewer 
(urceolus). Thus Homer describes the practice, 
and, according to the account of a recent traveller, 
it continues unchanged in the countries to which 
his description referred. 3 The boy or slave who 
poured out the water also held the napkin or towel 
for wiping the hands dry. The word mappa, said 
to be of Carthaginian origin,* denoted a smaller 
kind of napkin, or a handkerchief, which the guests 
carried with them to table. 5 The mantele, as it 
was larger than the mappa, was sometimes used as 
a table-cloth. 6 (Vid. Coena, p. 275.) An anecdote 
is preserved of Lucilius the satirist, stating that, 
after he had been dining with Lselius, he ran after 
him in sport with a twisted napkin or handkerchief, 
as if to strike him (obtorta mappa 1 ). 

The napkins thus used at table were commonly 
made of coarse unbleached linen (ujiolivuP). Some- 
times, however, they were of fine linen (k/crpififiaTa 
/,auirpa oivdovvQi/ 9 ). Sometimes they were wool- 
len, with a soft and even nap (tonsis mantelia vil- 
lis 10 ). Those made of Asbestos must have been 
rare. The Romans, in the time of the emperors, 
used linen napkins embroidered or interwoven with 
gold, 11 and the traveller already quoted informs us 
that this luxury still continues in the East. Nap- 
kins were also worn by women as a headdress, in 
which case they were of fine materials and gay 
colours. xa These were no doubt put on in a variety 
of elegant ways, resembling those which are in use 
among the females of Italy, Greece, and Asia Mi- 
nor at the present day. 

♦MANTICHORA (\iavTix^pac, or, as some read 
it, fiavTLxopac), " an animal briefly noticed by Aris- 
totle and Ctesias. Gesner concludes that it was 
the Hyena, or nearly allied to it. Schneider in- 
clines to the opinion that it was some species of 
Porcupine. Heeren contends that the description 
of Ctesias is taken from one of the monstrous fig- 
ures of animals on the ruins of Persepolis." The 
Mantichoras is said to have had the face and ears of 
a human being, the body of a lion, and the tail of a 
serpent, terminating like a scorpion's. Its cry re- 



1. (Xen., Cyrop., i., 3, t> 51.)— 2. (Festus, s. v.)— 3. (Fellows's 
Journal, 1838, p. 153.)— 4. (Quintil., i., 5. 57.)— 5. (Hor., Sat., 
II., iv., 81.— Id. ib., II., viii., 63.)— 6. (Martial, xii., 29.— Id., 
xiv., 138.)— 7. (Heindorff ad Hor., Sat., II., i., 73.)— 8. (Athen., 
ix., 79.) — 9. (Philoxenus, ap. Athen., ix., 77.) — 10. (Virg-., 
Georg., iv., 377.— JEn., i., 702.)— 11. (Lamprid., Al. Severus, c. 
40.)— 12. (Athen., ix., 79.) 



sembled the blended notes of a pipe and trurn 
pet. 1 

*MANTIS (p,avTic). The jinvrig of Theocritus, 
according to Adams, was most probably the Cicada; 
and the same authority considers it doubtful if the 
term ever stands for the Cancer mantis, L. The 
name is now applied to a genus of insects, the lar- 
gest of which is the M. prccaria, or Camel-crick- 
et. 2 " Another amusing insect," observes Dodwell. 
" which is not uncommon in warm climates, is the 
Mantis; it is called la morte by the Italians, and 
baton marchant and prie dicu by the French. There 
are various kinds of them. The most common and 
the most beautiful are of a light green colour, with 
long wings, which they fold up in several plaits. 
They are, in general, about three inches in length, 
with long legs and claws, which they use with 
great dexterity in sizing their prey. This consists 
of any kind of insect which they can master. I 
have seen them catch wasps and bees. If, when 
they are in possession of their prey, any other in- 
sect settles within their reach, they first stick the 
former on some sharp spikes with which their legs 
are provided, and then catch the other." 

MANTTCE (uavriKv). (Vid. Divinatio.) 

MANU'BLE. (Vid Spolia.) 

MANULEA'TUS. (Vid. Chiridota.) 

MANUM, CONVENTIO IN. (Vid. Marriag*., 
Roman.) 

MANUMI'SSIO was the form by which slaves 
and persons in mancipii causa were released from 
those conditions respectively. 

There were three modes of effect ng a justa et le- 
gitima manumissio, namely, vindicta, census, and 
testamentum, which are enumerated both by Gaius 
and Ulpian 3 as existing in their time.* Of these 
the manumissio by vindicta is probably the oldest, 
and, perhaps, was once the only mode of manumis- 
sion. It is mentioned by Livy as in use at an early 
period, 5 and, indeed, he states that some persons 
refer the origin of the vindicta to the event there re- 
lated, and derive its name from Vindicius ; the lat- 
ter part, at least, of the supposition is of no value. 

The ceremony of the manumissio by the vindicta 
was as follows : The master brought his slave be- 
fore the magistratus, and stated the grounds (causa) 
of the intended manumission. The lictor of the 
magistratus laid a rod (festuca) on the head of the 
slave, accompanied with certain formal words, in 
which he declared that he was a free man ex jure 
Quiritium, that is, " vindicavit in libertalcm.'''' The 
master in the mean time held the slave, and after 
he hr' 1 nronounced the words " hunc hominem libc- 
rum volo," he turned him round (momcnto turbinis 
exit Marcus Dama 6 ) and let him go (cmisit e manu), 
whence the general name of the act of manumis- 
sion. The magistratus then declared him to be 
free, in reference to which Cicero 7 seems to use the 
word " addicere." The word vindicta itself, which 
is properly the res vindicata, is used for festuca by 
Horace." Plautus 9 uses festuca. 

It seems highly probable that this form of manu- 
missio was framed after the analogy of the in jure 
vindicationes, 10 and that the lictor in the case of 
manumission represented the opposite claimant in 
the vindicatio. 11 

As for the explanation of the word vindicta. see 
Vindicls: and Vindicatio. 



1. (Aristot., H. A., ii., 3. — Ctes., Indie. — JEhnn, N. A., »v, 
21. — Heeren, Hist. Researches, vol. i., p. 155. — Adams, Append- 
s. v.) — 2. (Theocr., Idyl., x., 18. — Adams, Append., s. v. — Dod- 
■well's Tour, vol. ii., p. 46 )— 3. (Fra?., 1.)— 4. (Compare Cic. 
Top., 2, and Plautus, Cas., ii., 8, 68.) — 5. (ii., 5.) — 6. (Persius, 
Sat., v., 78.)— 7. (ad Att., vii., 2.) — 8. (Sat., ii., 7, 7ft.) — 9. 
(Mil. Glor., iv., 1, 15.)— 10. (Gains, iv., 16.) — 11. (Vid. Unter- 
holzner, Von den formen dcr Manumissio per Vindictam uud 
Emancipate, ZeitschnCt, ii., 139.) 

615 



MANUMISSIO. 



MANUMISSlu. 



The manumissio by the census is thus briefly de- 
scribed by Ulpian : " Slaves were formerly manu- 
mitted by census, when at the lustral census (lus- 
trali ccnsu) at Rome they gave in their census (some 
read nomtn instead of census) at the bidding of their 
masters." Persons in mancipio might also obtain 
their manumission in this way. 1 

In the absence of decisive testimony as to the 
©rigin of these two modes of manumissio, modern 
writers indulge themselves in a variety of conjec- 
tures. It may be true that originally the manumis- 
oion by vindicta only gave libertas and not civitas ; 
but this opinion is not probable. It may easily be 
allowed, that in the earliest period the civitas could 
only be conferred by the sovereign power, and that, 
therefore, there could be no effectual manumission 
except by the same power. But the form of the 
vindicta itself supposes, not that the person manu- 
mitted was a slave, but that he was a free person, 
against whose freedom his master made a claim. 
The proceeding before the magistratus was in form 
an assertion of the slave's freedom (manu asserere 
liberali causa 2 ), to which the owner made no de-' 
fence, but he let him go as a free man. The pro- 
ceeding then resembles the in jure cessio, and was, 
in fact, a fictitious suit, in which freedom (libertas) 
was the matter in issue. It followed as a conse- 
quence of the fiction, that when the magistratus pro- 
nounced in favour of freedom ex jure Quiritium, 
there could be no dispute about the civitas. 

In the case of the census the slave was register- 
ed as a citizen with his master's consent. The as- 
sumption that the vindicta must have originally pre- 
ceded the census, for which there is no evidence at 
all, is inconsistent with the nature of the proceed- 
ing, which was a registration of the slave, with his 
master's consent, as a citizen. A question might 
arise whether he should be considered free imme- 
diately on being entered on the censors' roll, or not 
until the lustrum was celebrated ; 3 and this was a 
matter of some importance, for his acquisitions 
were only his own from the time when he became 
a free man. 

The law of the Twelve Tables confirmed freedom 
which was given by will (testamentum). Freedom 
(libertas) might be given either directo, that is, as a 
legacy, or by way of fideicommissum. The slave 
who was made free directo was called orcinus li- 
bertus (or horcinus, as in Ulp., Frag.), for the same 
reason, perhaps, that certain senators were called 
orcini. 4 He who received his libertas by way of 
fideicommissum was not the libertus of the testa- 
tor, but of the person who was requested to manu- 
mit him (manumissor) : if the heres who was re- 
quested to manumit refused, he might be compelled 
to manumit on application being made to the proper 
authority. Libertas might be given by fideicom- 
missum to a slave of the testator, of his heres, or 
of his legatee, and also to the slave of any other 
person (extraneus). In case of libertas being thus 
£,iven to the slave of any other person, the gift of 
iibertas was extinguished if the owner would not 
sell the slave at a fair price. A slave who was 
made conditionally free by testament, was called 
statu liber, and he was the slave of the heres until 
the condition was fulfilled. If a statu liber was 
sold by the heres, or if the ownership of him was 
acquired by usucapion, he had still the benefit of the 
condition : this provision was contained in the law 
of the Twelve Tables. If a slave was made free 
and heres by the testator's will, on the death of the 
testator he became both free and heres, whether he 
wished it or not. ( Vid. Heres.) 

The lex iElia Sentia laid various restrictions on 



i. (Gaius, i.,140.)— 2. (Plant., Poen., iv., 2,83, &c.)— 3. (Cic, 
l)e Oi., i., 40.)— 4. (Sueton., Octav., 35.) 
61G 



manumission. Among other things, it enacied t^at 
a slave under thirty years of age should not become 
a Roman citizen by manumission, unless the grounds 
of manumission were approved before a body called 
consilium, and the ceremony of vindicta was ob- 
served. This consilium at Rome consisted of five 
senators and five equites, all puberes ; and in the 
provinces of twenty recuperatores, who were Ro- 
man citizens. If an insolvent master manumitted 
by testament a slave under thirty years, and at the 
same time made him his heres, the lex did not ap- 
ply. This lex also annulled all manumissions made 
for the purpose of cheating creditors and defrauding 
patrons of their rights. The ceremony of manumit- 
ting slaves above thirty years of age had become 
very simple in the time of Gaius : J it might be in 
the public road (in transitu), as when the praetor or 
proconsul was going to the bath or the theatre. In 
fact, it was not the place which determined the va- 
lidity of such an act, but it was the circumstance of 
its being done before a competent authority : hence 
it could take place before municipal magistratus 
who had the legis actio. The Romans never lost 
sight of the real groundwork of their institutions, 
whatever changes might be made in mere forms. 
The lex JEYm Sentia also prevented persons under 
twenty years of age from manumitting slaves, ex- 
cept by the vindicta, and with the approbation of the 
consilium. (Vid. tElia Sentia.) 

The lex Furia or Fusia Caninia fixed limits to the 
number of slaves who could be manumitted by will. 
The number allowed was a half, one third, one 
fourth, and one fifth of the whole number that the 
testator possessed, according to a scale fixed by the 
lex. As its provisions only applied to cases where 
a man had more than two slaves, the owner of one 
slave or of two slaves was not affected by this lex. 
It also provided that the slaves to whom freedom 
was given should be named. This lex only ap- 
plied to manumission by testament. It was passed 
about A.D. 7, and several senatus consulta were 
made to prevent evasions of it. 2 This lex was re- 
pealed by Justinian. 3 

A form of manumission "inter amicos" is alluded 
to by Gaius. This was, in fact, no legal manumis- 
sion, but it was a mere expression of the master's 
wish, which would have been sufficient in the ab- 
sence of all positive law. This might be done by 
inviting the slave to table, writing him a letter, or 
in any other less formal way. It is stated that ori- 
ginally such a gift of freedom could be recalled, as 
to which there can be no doubt, as it was not legal 
freedom ; but ultimately the prsctor took persons 
who had been made free in this manner under his 
protection, and the lex Junia Norbana gave them the 
status called Latinitas. 

A manumissio sacrorum causa is sometimes men- 
tioned as a kind of manumission, whereas the words 
sacrorum causa point rather to the grounds of the 
manumission : the form might be the usual form.* 

Besides the due observance of the legal forms, it 
was necessary, in order to effect a complete manu- 
mission, that the manumissor should have the qui- 
ritarian ownership of the slave. If the slave was 
merely in bonis, he only became a Latinus by man- 
umission. A woman in tutela, and a pupillus or pu- 
pilla, could not manumit. If several persons were 
joint owners (socii) of a slave, and one of them man- 
umitted the slave in such form as would have effect- 
ed complete manumission if the slave had been the 
sole property of the manumissor, such manumissor 
lost his share in the slave, which accrued to the oth- 
er joint owner or joint owners. Justinian enacted 

1. (i., 20.)— 2. (Suet., Octav., 40.— Gaius, i., 46.) — 3. (Cod 
v., tit. 3: "De Lege Fus. Can. tollenda.")— 4. (Festus, s * 
Manumitti, Puri.— Savigny, Zeitsclirii't, iii., 402.) 



MANUS INJECTIO 



MARGARITA. 



tbat, if ot.Iy one joint owner was willing to manumit 
a slave, the other might be compelled to manumit 
on receiving the price fixed by law for their shares. 
If one person had the ususfructus and another the 
property of a slave, and the slave was manumitted 
by him who had the property, he did not become 
free till the ususfructus had expired : in the mean 
time, however, he had no legal owner (dominies). 

The act of manumission established the relation 
of patronus and libertus between the manumissor 
and the manumitted. When manumitted by a citi- 
zen, the libertus took the preenomen and the gentile 
name of the manumissor, and became, in a sense, a 
member of the gens of his patron. To these two 
names he added some other name as a cognomen, 
either some name by which he was previously 
known, or some name assumed on the occasion : 
thus we find the names M. Tullius Tiro, P. Teren- 
tius Afer, and other like names. If he was manu- 
mitted by the state as a servus publicus, he receiv- 
ed the civitas and a praenomen and gentile name, or 
he took that of the magistratus before whom he was 
manumitted. The relation between a patronus and 
libertus is stated under Patronus. 

At the time when Gaius wrote, the peculiar rights 
of Roman citizens were of less importance than 
they had been under the Republic. He states that 
ill slaves who were manumitted in the proper form, 
and under the proper legal conditions, became com- 
plete Roman citizens. But this could not have been 
so in the earliest ages. The liberti of the plebeians, 
for instance, before their masters obtained the ho- 
nores, could not be in a better condition than those 
who manumitted them, and their masters had not 
then the complete civitas. The want of ingenuitas 
also affected their status ; but this continued to be 
the case even under the Empire. {Vid. Ingenui.) 

Before the year B.C. 311, the libertini had not 
the suffragium, but in that year the censor Appius 
Claudius gave the libertini a place in the tribes, and 
from this time the libertini had the suffragium after 
they were duly admitted on the censors' roll. 1 In 
the year B.C. 304 they were placed in the tribus 
urbanae, and not allowed to perform military service. 
In the censorship of Tiberius Gracchus, B.C. 169, 
they were placed in one of the tribus urbanae deter- 
mined hy lot, 3 or, as Cicero 3 expresses it, the father 
of Tiberius and Caius Sempronii transferred the li- 
bertini (nutu atque vcrbo) into the tribus urban as. 
Subsequently, by a law of ^Emilius Scaurus, about 
B.C. 116, they were restored to the four city tribes, 
and this remained their condition to the end of the 
Republic, though various attempts were made to 
give them a better suffrage. 

A tax was levied on manumission by a lex Man- 
lia, B.C. 357 : it consisted of the twentieth part of 
the value of the slave, hence called vicesima.* 

MANUS FERREA. (Vid. Harpago.) 

MANUS INJE'CTIO is one of the five modi or 
forms of the legis actio according to Gaius. 5 It 
was, in effect, in some cases, a kind of execution. 
The judicati manus injectio was given by the Twelve 
Tables. The plaintiff (actor) laid hold of the defend- 
ant, using the formal words " Quod tu miki judica- 
tus sive damnatus es sestertium x milia qucz dolo malo 
nor- solvisti ob cam rem ego tibi sestertium x milia judi- 
cati manus injicio." The defendant, who had been 
condemned in a certain sum, had thirty days allowed 
him to make payment in. and after that time he was 
liable to the manus injectio. The defendant was not 
permitted to make any resistance, and his only mode 
of defence was to find some responsible person (vin- 
itx) who would undertake his defence (pro eo lege 

1. (Plut., Poplic, 7.— Liv., ix., 46. — Diod. Sic, xx., 36.)— 2. 
(Li* , xlv.,15.)-3. (De Or., i-,9.)— 4. (Liv , vii., 16.— Id., xxvii., 
10 - -Cic. ad At% »., 16.) -5. (iv., 12.1 
4 I 



agere). If he found no vindex, the piain'ulf or cied 
itor, for such the judgment really made him, might 
carry the defendant to his house, and keep him in 
confinement for sixty days, during which time his 
name and the amount of his debt were proclaimed 
at three successive nundinae. If no one paid the, 
debt, the defendant might be put to death or sold. 1 
According to the words of the Twelve Tables, the 
person must be brought before the praetor (in jus), 
which, of course, means that he must be seized 
first : if, when brought before the prator, he did not 
pay the money (ni judicatum solvit) or find a vindex, 
he might be carried off and put in chains, apparent- 
ly without the formality of an addictio. The lex 
Publilia, evidently following the analogy of the. 
Twelve Tables, allowed the manus injectio in the 
case of money paid by a sponsor, if the sponsor was 
not repaid in six months. The lex Furia de Sponsu 
allowed it against him who had exacted from a 
sponsor more than his just proportion (virilis pars). 
These and other leges allowed the rnanus injectio 
pro judicato, because in these cases the claim of the 
plaintiff was equivalent to a claim of a res judicata. 
Other leges granted the manus injectio pura, that 
is, non pro judicato, as the lex Furia Testamentaria 
and the Marcia adversus feneratores. But in these 
cases the defendant might withdraw himself from 
the manus injectio (manum sibi depellere), and de- 
fend his cause ; but it would appear that he could 
only relieve himself from this seizure by actually 
undertaking to defend himself by legal means. Ac- 
cordingly, if we follow the analogy of the old law, 
it was in these cases an execution if the defendant 
chose to let it be so ; if he did not, it was the same 
as serving him with process to appear before the 
praetor. A lex, the name of which is obliterated in 
Gaius, allowed the person seized to defend his own 
cause except in the case of a " judicatus," and " is 
pro quo depensum est ;" and, consequently, in the 
two latter cases, even after the passing of this lex, 
a man was bound to find a vindex. This continued 
the practice so long as the legis actiones were in 
use ; " whence," says Gaius, 3 " in our time, a man 
' cum quo judicati depensive agitur' is compelled to 
give security ' judicatum solvit " From this we 
may conclude that the vindex in the old time was 
liable to pay, if he could find no good defence to the 
plaintiff's claim ; for, as the vindex could " lege 
agere," though the defendant could not, we must 
assume that he might show, if he could, that the 
plaintiff had no ground of complaint ; as, for in- 
stance, that he had been paid ; and that, if he had 
no good defence, he must pay the debt himself. 

MAPPA. (Vid. Mantele.) 

*MAR'ATHRUM (fidpadpov), the Fennel, or one- 
thum fozniculum. Thus Apuleius remarks, " Graecj 
Marathron, Latin i Fozniculum vocant." 3 

*MARGARI'TA (uzpyapirnc, [idpyapoc, <Scc), ihc 
Pearl. " The fullest account of Pearls contained 
in any Greek author is to be found in yElian.* The 
Indian pearl-fish of which he speaks is, no doubt, 
the Avicula Margaritifera. The shell which produces 
the finest pearls in Britain is the Mya Margaritifera, 
L., now called Alasmodon Margariliferum.'" " The 
Pearl," observes Sir John Hill, " was in great .es- 
teem among the ancients even as early as the time, 
of Job. By the Romans it was allowed the second 
rank among jewels. Pearls are produced in many 
kinds of shell-fish, but the finest, and what are prop- 
erly the genuine Pearl, are bred in the Concha Mar- 
garitifera plcrisque, Berbcri antiquis Indis dicta. 1 
Theophrastus seems to have been very well ac- 
quainted with the history of the Pearl, and doubt- 



1. (Gell., xx., 1.) — 2. (iv., 25.) — 3. (Theophrast., H. I ., i , 
11. — Dioacor., iii., St. — Adams, Append., s. v.) — 4. (N. A , xv , 
8.)— 5. (Lift., Hist, ^orcti.) 

617 



MARRIAGE. 



MARRIAGE. 



less means this very shell by his boTpelu tlvl. 
Androsthenes also confirms its being this very 
shell that the fine Oriorti! pearls are found in : ev 
6e Idcov KaTitsvcLv ekelvoc OEpOepc, 6% ov rj /uapyaplrtg 
Xi^r. The Pearl is no more than a morbid excres- 
cence from the animal in which it is found." 1 "The 
commerce of pearls appears to be of the highest 
antiquity. History, in fact, apprizes us that, from time 
immemorial, the princes of the East have sought 
after this kind of ornament with a sort of passion, 
and have employed it in all parts of their dress, and 
even in decorating instruments, furniture, &c. The 
Persians, according to Athenaeus, paid for pearls 
with their weight in gold. The pearl mussels, 
therefore, must be like our common mussels, which, 
in spite of the prodigious quantity that have been 
eaten for so many years, do not appear to suffer 
any sensible diminution." 2 "The art of forcing 
shell-fish to produce pearls was known in the first 
centuries of the Christian era to the inhabitants of 
the coasts of the Red Sea, as we are told by the 
philosopher Apollonius, who thought that circum- 
stance worthy of particular notice. The Indians 
dived into the sea after they had rendered it calm, 
and perhaps clearer, by pouring oil upon it. They 
then enticed the fish, by means of some bait, to open 
their shells, and having pricked them with a sharp- 
pointed instrument, received the liquor that flowed 
from them in small holes made in an iron vessel, in 
which they hardened into real pearls." For farther 
remarks on this subject, as well as on the invention 
of Linnaeus for producing pearls, consult the remarks 
of Beckmann, 3 from whom the above has been taken. 

MARIS or MARES (ftdpig or fidprjq) (Hesych., 
udpiGTov), a Greek measure of capacity, which, ac- 
cording to Pollux* and Aristotle, 5 contained 6 coty- 
lae, =2-973 pints. Polyaenus mentions a much 
larger measure of the same name, containing 10 
congii, =7 galls. 3471 pints. 6 

*MARMOR (fidp/iapog), Marble. " Strictly speak- 
ing," observes Adams, " the term Marble should be 
confined to those, varieties of carbonate of lime 
which are susceptible of a polish ; but the term was 
applied by the ancients to all stones susceptible of 
a good polish." The most celebrated of the antique 
marbles were the Parian, Pentelican, Chian, and 
Theban, for an account of which consult the several 
heads. 7 

MARRIAGE (GREEK) (Td/xoc). The ancient 
Greek legislators considered the relation' of mar- 
riage as a matter not merely of private, but also of 
public or general interest. This was particularly 
ihe case at Sparla, where the subordination of pri- 
vate interests and happiness to the real or supposed 
exigencies of the state was strongly exemplified in 
the regulations on this subject. For instance, by 
the laws of Lycurgus, criminal proceedings might 
Vf3 taken against those who married too late (ypa<pTj 
jipLyafiiov) or unsuitably (ypafyrj KaKoya/uiov), as well 
♦is against those who did not marry at all (ypacfy 
uyafitov*). These regulations were founded on the 
generally recognised principle that it was the duty 
of every citizen to raise up a strong and healthy 
progeny of legitimate children to the state. 9 So en- 
tirely, in fact, did the Spartans consider the tekvo- 
•Kotia, or the production of children, as the main 
object of marriage, and an object which the state 
was bound to promote, that whenever a woman had 
no children by her own husband, she was not only 
allowed, but even required by the laws to cohabit 
with another man. 10 On the same principle, and for 

1. (Hill ad Theophrast., De Lapid., c. 64.)— 2. (Griffith's Cu- 
rier, vol. xii., p. 389.) — 3. (Hist of Inventions, vol. ii., p. 2, &c.) 
4. (Onom., i., 10.)— 5. (H. A., viii., 9.)— 6. (Wurm, p. 134.)— 7. 
(Adams, Append., s. v. Mdpnapog-) — 8. (Pollux, Onom., viii., 
40.— Plut., Lycuvg., c. 15.)— 9. (Muller, Dorians, iv.. 4, t) 3.)— 
in (Xen., De Rep. Lac, i., 8.) 
CIS 



the purpose of preventing the extinction of his fam- 
ily, the Spartan king Anaxandrides was allowed U 
cohabit with two wives, for whom he kept two 
separate establishments : a case of bigamy which, 
as Herodotus 1 observes, was not at all consistent 
with Spartan, nor, indeed, with Hellenic customs. 
Thus the heroes of Homer appear never to have 
had more than one Kovpidirj uioxog, 2 though thej 
are frequently represented as living in concubinage 
with one or more iraXkanaL Solon also seems to 
have viewed marriage as a matter in which the 
state had a right to interfere, for we are told that 
his laws allowed of a ypa^ dyafiiov, though the 
regulation seems to have grown obsolete in later 
times ; at any rate, there is no instance on record 
of its application. 3 Plato, too, may be quoted to 
prove how general was this feeling ; for, according 
to his laws,* any one who did not marry before he 
was thirty-five was punishable not only with drtfiia, 
but also with pecuniary penalties ; and he expressly 
states that, in choosing a wife, every one ought to 
consult the interests of the state, and not his own 
pleasure. 6 

But, independent of any public considerations, 
there were also private or personal reasons (pecu- 
liar to the ancients) which made marriage an obliga- 
tion. Plato 6 mentions one of these, viz., the duty 
incumbent upon every individual to provide for a 
continuance of representatives to succeed himself 
as ministers of the Divinity (r& Qe£> virrjpsrag uv(f 
avrov TtapadiSovai). Another was the desire felt 
by almost every one, not merely to perpetuate his 
own name, but also to prevent his " heritage being 
desolate, and his name being cut off" (ottuc fir/ k£e- 
pr/fitocruGC rovg a^erepcov avrtiv otKovg), and to leave 
some one who might make the customary offering* 
at his grave [aXK egtcu tic nal 6 kvayi&v 1 ). We 
are told that, with this view, childless persons 
sometimes adopted children. 

The choice of a wife among the ancients was but 
rarely grounded upon affection, and scarcely ever 
could have been the result of previous acquaintance 
or familiarity. In many cases a father chose foi 
his son a bride whom the latter had never seen, or 
compelled him to marry for the sake of checking 
his extravagances. Terence 8 thus illustrates the 
practice : 

" Pater prcctcriens modo 
Mihi apud forum, uxor tibi ducenda est, Pamphile, 

hodie inquit : para." 

In Plautus 9 a son promises his father that he will 
marry in these words : 

" Ego ducam, pater: etiam si quam aliam jubebis." 
Representations of this sort may indeed be con- 
sidered as exaggerations, but there must have been 
scenes in real life to which they in some measure 
correspond. Nor was the consent of a female to a 
match proposed for her generally thought necessary : 
she was obliged to submit to the wishes of her pa- 
rents, and receive from them, it might be, a stran- 
ger for her husband and lord. Sophocles thus 
describes the lot of women in this respect : " When 
we are grown up (he makes a female say) we ar^ 
driven away from our parents and paternal gods," 
Kal ravr', ettelSuv evdpovrj &v£y jtila, 
Xptuv Enaivdv, Kal Sokelv KaA&g EX Etv - 19 
So also in Euripides, 11 Hermione declares that it is 
her father's business to provide a husband for her. 
The result of marriages contracted in this manner 
would naturally be a want of confidence and mutual 
understanding between husband and wife, until they 



1. (vi., 39, 40.)— 2. (Buttmann, Lexil., 73.)— 3. (Platner, Pro- 
cess, &c, ii., p. 248.)— 4. (Leg., iv., p. 721.)— 5. (Leg.,vi., 773.) 
— 6. (1. c.) — 7. (Isaeus, De Apoll. hatred., p 66, ed. Bekker.) — 8. 
(Andria, i., 5.)— 9. (Trinum., v., 2, 59.)— K . (Frag. Tereus U . 
11 (Androm., 951.) 



MARRIAGE. 



MARRIAGE. 



became better acquainted with, and accustomed to, 
each other. X euophon 1 illustrates this with much 
naiveU in the pe , son of Ischomachus, who says of his 
newly-married wife : " When at last she was man- 
ageable (xeipoidqs), and getting tame, so that I 
could talk witk her, I asked her," &c, &c. By 
the Athenian laws, a citizen was not allowed to 
marry with a fo>eign woman, nor conversely, under 
very severe penalties ; 2 but proximity by blood (ay- 
XLOTela), or consanguinity (ovyyeveia), was not, with 
some few exceptions, a bar to marriage in any part 
of Greece ; direct lineal descent was. 3 Thus broth- 
ers were permitted to marry with sisters even, if 
not 6fio[i7JTpioi, or born from the same mother, as 
Cimon did with Elpinice, though a connexion of 
this sort appear? to have been looked on with ab- 
horrence.* In the earlier periods of society, indeed, 
we can easily conceive that a spirit of caste or fam- 
ily pride, and other causes, such as the difficulties 
in the way of social intercourse, would tend to 
make marriages frequent among near relatives and 
connexions. 5 At Athens, however, in the case of 
a father dying intestate and without male children, 
his heiress had fie choice in marriage ; she was 
compelled by law to marry her nearest kinsman not 
in the ascending line ; and if the heiress were poor 
(&7j(j<ja), the nearest unmarried kinsman either mar- 
ried her or portioned her suitably to her rank. 
When there were several coheiresses, they were 
respectively married to their kinsmen, the nearest 
having the first choice. (Vid. Epiclerus.) The 
heiress, in fact, together with her inheritance, seems 
to have belonged to the kinsmen of the family, so 
that, in early timeu, a father could not give his 
daughter (if an heiress) in marriage without their 
consent. 6 But this was not the case according to 
the later Athenian law, 7 by which a father was 
empowered to dispose of his daughter by will or 
otherwise, just as widows also were disposed of 
in marriage by the will of their husbands, who were 
considered their rightful guardians (Kvptoi). % 

The same practice of marrying in the family 
(ohog), especially in the case of heiresses, prevailed 
at Sparta : thus Leonidas married the heiress of 
Cleomenes, as being her uyxicrrevc or next of kin, 
and Anaxandrides his own sister's daughter. More- 
over, if a father had not determined himself con- 
cerning his daughter, it was decided by the king's 
court who among the privileged persons or mem- 
bers of the same family should marry the heiress. 9 
A striking resemblance to the Athenian law re- 
specting heiresses is also found in the Jewish code, 
as detailed in Numbers, 10 and exemplified in Ruth. 11 

But match-making among the ancients was not, 
in default of any legal regulations, entirely left to 
the care and forethought of parents, for we read of 
women who made a profession of it, and who were 
therefore called irpofiv^arpiai or Ttpofivrja-pLdeg. 12 
The profession, however, does not seem to have 
been thought very honourable, nor to have been 
held in repute, as being too nearly connected with, 
or likely to be prostituted to, irpoayuyeia. 13 

Particular days and seasons of the year were 
thought auspicious and favourable for marriage 
among the Greeks. Aristotle 1 * speaks of the winter 
generally as being so considered, and at Athens the 
month TauTj?u6v, partly corresponding to our Janu- 
ary, received its name from marriages being fre- 
quently celebrated in it. Hesiod 15 recommends 
marrying on the fourth day of the month : 

1. ((Econ.,7, 10.)— 2. (Deraosth., c. Necer., 1350.)— 3. (Isaeus, 
De Ciron. hatred., p. 72.) — 4. (Becker, Charikles, ii., 448.) — 5. 
(Compare Numbers, c. xxxvi.) — 6. (Miiller, Dorians, ii., 10, t> 4.) 
— 7. (Demosth., c. Steph., p. 1134.)— 8. (Demosth., c. Aphob., 
814.)— 9. (Herod., vi., 57.— Miiller, 1. c.)— 10. re. xxvii., 1-11.) 
—11. (c. iv.)— 12. (Pollux, Onom., i ii-, 31.)— 1?. (Plato, Thea:t., 
», p. 150.)— 14. (Polit., vii., 15.)— 15. (Op. et D., 800.) 



'Y.v 61 TETiipTq i^Tjvog ayeadat er oIkov uKOiTiy. 

but whether he means the fourth from the begin- 
ning or end of the month is doubtful. Euripides' 
speaks as if the time of the full moon were thought 
favourable, 

orav GE/.rjvTjg evrvxvc £^0y Kvulcg, 
in which he is confirmed by the expression Sixo/utj- 
vtdec ecnrepai, or the full-moon nights in Pindar.* 
That this prepossession, however, was not general 
and permanent, appears from Proclus, 3 who informs 
us that the Athenians selected for marriages thu 
times of new moon (rdc npog ovvodov Tjfiepag), i. c, 
when the sun and moon were in conjunction. 

There was also some difference of opinion, on 
which it is not worth while to dilate, about the 
proper age for marrying ; but, generally speaking, 
men were expected to marry between 30 and 35, 
and women about 20, or rather before.* 

We proceed now to explain the usual prelimina- 
ries and accompaniments of marriage in various 
parts of Greece. The most important preliminary 
at Athens was the eyyvrjaic or betrothal, which was, 
in fact, indispensable to the complete validity of a 
marriage contract. It was made by the natural or 
legal guardian (6 ^vpiog) of the bride elect, and at- 
tended by the relatives of both parties as witnesses 
The law of Athens ordained that all children born 
from a marriage legally contracted in this respect 
should be yv^aioi, & and consequently, if sons, Igo- 
fioipot, or entitled to inherit equally or in gavelkind. 
It would seem, therefore, that the issue of a mar- 
riage without espousals would lose their heritable 
rights, which depended on their being born ktj aoTfjg 
Kal eyyv7]T7jg yvvalnos : i. e., from a citizen and a 
legally betrothed wife. The wife's dowry was aho 
settled at the espousals. 6 

But there were also several ceremonies observed 
either on or immediately before the day of iiiari iage. 
The first of these were the -nporiXeia ydfiuv or irpo- 
yufieta, 1 and consisted of sacrifices or offerings inade 
to the Qeol yaurj/uoL, or divinities who presided o^ er 
marriage. They are generally supposed to have 
been made on the day before the yufiog or marriage; 
but there is a passage in Euripides 8 which makes it 
probable that this was not always the case. The 
sacrificer was the father of the bride elect ; the 
divinities to whom the offering was made were, ac- 
cording to Pollux, 9 Hera, and Artemis, and the 
Fates, to whom the brides elect then dedicated the 
arrapxai of their hair. According to Diodorus Sicu- 
lus'° they were Zeus and Hera re?ieta (Juno pronu- 
ba) ; but they probably varied in different countries, 
and were sometimes the Qeol kyxwptoi or local dei- 
ties. The offerings to Artemis were probably made 
with a view of propitiating her, as she was supposed 
to be averse to marriage. ( Vid. Brauronia, p. 172.) 
We may also observe that Pollux uses -rrpoydfieia 
as synonymous with -KpoT&eta, making yd/io? iden- 
tical with relog, as if marriage were the t&os or 
perfection of man's being : whence reXeiog, connect- 
ed with or presiding over marriage or a married 
person, and 6bp.oq qfUTifajG, a house without a hus- 
band, or incomplete. 11 Another ceremony of almost 
general observance on the wedding-day was the 
bathing of both the bride and bridegroom in water 
fetched from some particular fountain, whence, as 
some think, the custom of placing the fgure of a 
"Aovrpofyopog, or " water-carrier," over the tombs of 
those who died unmarried. ( Vid. Loutrox, p. 599.) 
After these preliminaries, the bride was generally 
conducted from her father's to the house of the 

I. (Iphig. in A-iL, 707.)— 2. (Isth., vii., 45.)— 3. (ad lies., Op. 
et D., 782.)— 4. (Plato, Leg., vi, p. 785.) — 5. (Demosth., c. 
Steph., 1134.)— 6. (Meier and Schomann, p. 415.)— 7. (Pollux, 
Onom., iii., 38.)— 8. (Iphig. in Aul.. 642.)— 9. (Onom., iii., 381.' 
—10. (v., 73.)— 1!. (Horn., I!., ii., 701.) 

619 



MARRIAGE. 



MARRIAGE. 



bridegroom at rightfall, in a chariot (eft dfidfrg) 
drawn by a pair of mules or oxen, and furnished 
with a KXivig or kind of couch as a seat. On either 
side of her sat the bridegroom and one of his most 
intimate friends or relatives, who, from his office, 
was called Tzapdw/upog or vvfKpevTrjg ; but, as he rode 
in the carriage (oxvpa) with the bride and bride- 
groom, he was sometimes called the rcdpoxog (o e/c 
rpirov 6 napoxovftevog ndpoxog ckXtjOt] 1 ). Hence 
Aristophanes 2 speaks of the " blooming Love gui- 
ding the supple reins," when Zeus was wedded to 
Hera, as the 7,rjvbg irdpoxog yd/xuv Ttjg r' evdaifxovog 
'Hpag. 

The nuptial procession was probably accom- 
panied, according to circumstances, by a num- 
ber of persons, some of whom carried the nuptial 
torcljbs (dadeg vvptyiKai 3 ) ; and in some places, as 
in Bceotia, it was customary to burn the axle of 
the carriage on its arrival at the bridegroom's 
house, as a symbol that the bride was to. remain at 
home and not go abroad.* If the bridegroom had 
been married before, the bride was not conducted 
to his house by himself, but by one of his friends, 
who was therefore called vv/Mpayioyog. 5 

Both bride and bridegroom (the former veiled) 
were of course decked out in their best attire, with 
chaplets on their heads, 6 and the doors of their 
houses were hung with festoons of ivy and bay. 7 
As the bridal procession moved along, the hymense- 
an song was sung to the accompaniment of Lydian 
flutes, even in olden times, as beautifully described 
by Homer 8 (vid. Chorus, p. 246), and the married 
pair received the greetings and congratulation of 
those who met them. 9 After entering the bride- 
groom's house, into which the bride was probably 
conducted by his mother, bearing a lighted torch, 10 
it was customary to shower sweetmeats upon them 
(Kara ^vG/xara) as emblems of plenty and prosper- 
ity. 11 

After this came the yduog or nuptial feast, the 
■SoLvrj yap,LKr], which was generally 12 given in the 
house of the bridegroom or his parents ; and, be- 
sides being a festive meeting, served other and 
more important purposes. There was no public 
rite, whether civil or religious, connected with the 
celebration of marriage among the ancient Greeks, 
and therefore no public record of its solemnization. 
This deficiency, then, was supplied by the marriage 
feast, for the guests were of course competent to 
prove the fact of a marriage having taken place ; 
and Demosthenes 13 says they were invited partly 
with such views. To this feast, contrary to the 
usual practice among the Greeks, women were in- 
vited as well as men ; but they seem to have sat 
at a separate table, with the bride still veiled among 
them. 1 * At the conclusion of this feast she was 
conducted by her husband into the bridal chamber ; 
and a law of Solon 15 required that they should eat a 
quince together, as if to indicate that their conver- 
sation ought to be sweet and agreeable. The 
song called the Epithalamium was then sung be- 
fore the doors of the bridal chamber, as represent- 
ed by Theocritus in his 18th Idyl, where, speaking 
of the marriage of Helen, he says : 

Twelve Spartan virgins, the Laconian bloom, 
Choired before fair Helen's bridal room ; 
To the same time with cadence true they beat 
The rapid round of many twinkling feet, 



1. (Harpocr., s.v.)~ 2. (Avet, 1735.)— 3. (Aristoph.,Pax, 1318.) 
-4. (Plut., Qua;st. Rom., p. 111.)— 5. (Hesych., s. v. — Pollux, 
Onom., iii., 40.) — 6. (Becker, Charikles, ii., 467.) — 7. (Plut., 
Amat., 10, p. 27.) — 8. (11., xviii., 490.— Hes., Scut. Here, 273.) 
-9. (Aristoph., Pax, 1316.)— 10. (Eurip., Plioeniss., 311.)— 11. 
(Schol. ad Aristoph., Plut., 768.) — 12. (Becker, Charikles, ii., 
469.)— 13. (c. Onot., p. 869.)— 14. (Lucian, Conviv., 8.— Athe- 
cteus. \iv., p. 644.)— 15. (Plutarch in Vit., c. 20.) 
620 



One measure tripp'd, one song ttgether sung, 

Their hymenean all the palace rung. 

Chaphux. 
On which passage the scholiast remarks that epr 
thalamia are of two kinds ; some sung in the even* 
ing, and called KaraKQL\ir\rtKd^ and others in' the 
morning (bpdpLo), and called dieyepTtKu. 

The day after the marriage, the first of the bride's 
residence in her new abode, was called the knavlua ; 
on which their friends sent the customary presents 
to the newly-married couple. On another day, the 
dixavTiia, perhaps the second after marriage, the 
bridegroom left his house to lodge apart from his 
wife at his father' s-in-law, and the bride present- 
ed him with a garment called uTzavliarripia, in 
connexion with which, Pollux 1 observes, that the 
gifts made to the bride after the marriage were 
called d-Kavkia. Some of the presents made to the 
bride by her husband and friends were called dva- 
KalvKTrjpia, as being given on the occasion of the 
bride first appearing unveiled : 2 they were probably 
given on the eiravAta, or day after the marriage. 

Another ceremony observed after marriage was 
the sacrifice which the husband offered up on the 
occasion of his bride being registered among his 
own phratores (yap.r{kiav scil. -dvoiav rolg typdropciv 
eicTjveyKev. 3 

The statement above made of the solemnities 
connected with marriage cannot, of course, be con- 
sidered as applicable to all ages and circumstances, 
but rather as a representation of the customs gen- 
erally observed at Athens in later times. 

At Sparta the betrothal of the bride by her father 
or guardian (tcvpiog) was requisite as a preliminary 
of marriage, as well as at Athens.* Another cus- 
tom peculiar to the Spartans, and a relic of anciert 
times, was the seizure of the bride by her intended 
husband, 5 but, of course, with the sanction of her 
parents or guardians. 6 She was not, however, im- 
mediately domiciled in her husband's house, but 
cohabited with him for some time clandestinely, 
till he brought her, and frequently her mother also, 
to his home. 7 A similar custom appears to have 
prevailed in Crete, where, as we are told, 8 the 
young men, when dismissed from the dyelrj of their 
fellows, were immediately married, but did not take 
their wives home till some time afterward. Miiller 
suggests that the children of this furtive kind o 
intercourse were called napdevLOL. 

We subjoin some particulars concerning the re- 
lation between man and wife among the ancient 
Greeks, prefacing them with a description of do- 
mestic married life from Lysias. 9 The speaker 
there says, " I have a small two-story house, of 
equal dimensions on the basement and first floor, 
both in the male and female apartments (/card tt/v 
yvvaiKuvlriv, k. t. A.). Now, after our little boy was 
born, his mother used to suckle it ; and that she 
might not meet with any accident in going down 
the ladder (ji KAl/ua^), whenever she war:ted to 
wash, I lived up stairs, and the women t*,low. 
And it was usual for my wife to leave me very fre- 
quently and sleep down stairs with the child, to 
give it the breast and keep it from crying. And 
one day, after dinner, the little fellow cried and fret- 
ted, and I told my wife to go and suckle it ; now 
at first she would not, but at last I got angry with 
her, and ordered her to go: 'yes,' said she, 'that 
you may play with the servant-maid,' " &c. 

Now, though the wife, as appears by this tale, 
usually took her meals with her husband, she did 

1. (Onom., iii., 39.) — 2. (Harpocr., s. v.) — 3. (Demosth., c 
Eubul., 1312, 1320.— Isaeus, De Pyr. haered., p. 45.)— 4. (Muller, 
Dorians, ii., 4, $ 2.)— 5. (Vid. Herod., vi., 65.)— 6. (Plut., Ly 
curg., 15.— Xen., De Rep. Lac, i. % 5.)— 7. (Muller, Dorians, 1. c ) 
—8. (Strabo, x., p. 4S2.)— 9 (De Cuede Eratosth., p. 92.) 



MARRIAGE. 



MARRIAGE. 



not go out with him to dinner, nor sit at table 
with his guests when he had company. 1 

The duties of a good housewife 'are summed up 
by Plato 2 under the heads of ra/itela, depaTreia, and 
^a'.6oTf)o<pia. The first of these included the domes- 
tic arrangements of the house and superintendence 
of the furniture, provisions, cookery, and servants ; 
in fact, everything that came under the name of 
housekeeping. 3 But a trust of this kind was not 
reposed in a young Tvife till she had gained some 
experience ; for what, says Xenophon,* could a wife, 
married at fifteen, be likely to know, who had lived 
in complete seclusion, and had only been taught by 
her mother to conduct herself virtuously (outypo- 
velv)1 The depaircia included the attendance upon 
the sick inmates of the house, whether free or 
slaves. 5 The TvacdoTpo^ia was the physical educa- 
tion of the children, on which Plutarch 6 observes 
that mothers ought themselves to nurture and suck- 
le their children, though frequently female citizens 
were hired as wet nurses. 7 The Spartan nurses 
were so famous that they were engaged even in 
foreign states ; thus Alcibiades, we are told, was 
suckled by a Laconian nurse. 8 It is scarcely ne- 
cessary to remark, that we have been speaking of 
a citizen in good circumstances, to which only our 
observations can apply. 

The consideration in which women were held by 
their husbands, and the respect paid to them in an- 
cient Greece, would naturally depend, in some de- 
gree, on their intellectual and moral character; 
but, generally speaking, the Greeks entertained 
comparatively little regard for the female charac- 
ter. They considered women, in fact, as decided- 
ly inferior to men, qualified to discharge only the 
subordinate functions in life, and rather necessary 
as helpmates than agreeable as companions. To 
these notions female education for the most part 
corresponded, and, in fact, confirmed them ; it did 
not supply the elegant accomplishments and refine- 
ment of manners which permanently engage the 
affections when other attractions have passed away. 
Aristotle 9 states that the relation of man to wom- 
an is that of the governor to the subject ; and Pla- 
to, 10 that a woman's virtues may be summed up in 
a few words, for she has only to manage the house 
well, keeping what there is in it, and obeying her 
husband. Nor is it unimportant to remark, that 
Athenians, in speaking of their wives and children, 
generally said reuva nai yvvalnag, putting their wives 
last : a. phrase which indicates pretty clearly what 
was the tone of feeling on this subject. Moreover, 
before marriage, Grecian women were kept in a 
state of confinement, which amounted to little short 
of a deprivation of liberty, so that they are even 
said to have been watched and guarded in strong 
apartments, 

bxvpolat TzapdevuoL (ppovpovvrac fcahug * u 

nor was it thought becoming in them to be seen 
in public, 12 except on some particular occasions, 
when they appeared as spectators of, or participa- 
tors in, religious processions ; of which, young men 
desirous of getting married would naturally avail 
themselves to determine the object of their choice. 
Even after marriage the restrictions imposed upon 
young women of the middle and higher classes 
were of a very jealous and almost Oriental charac- 
ter. They occupied, as is well known, a separate 
part of the house, and in the absence of their hus- 
band it was thought highly improper for a man 

1. (Isaeus, De Pyrr. haered., 39. — Demosth., c. Neaer., 1352.) — 
8. (Leg., vii., p. 805.) — 3. (Becker, Charikles, ii., p. 476.) — 4. 
(CEcon., vii., 4.)— 5. (Xen., CEcon., vii., 37.)— 6. (De Educat. 
Puer., 5, p. 9.)— 7. (Demosth., c. Eubul., 1309.)- 8. (Plut., 
LjzvLTg., 16.)— 9. (De Rep., i., cap. 2.)— 10. (Meno, p. 71.)— 11. 
(Eurip., Iph. in Aul.)— 12. (Eurip., Orest., 108.) 



even to enter where they were. 1 From various 
passages of the Attic comedians, it would also 
seem that married women were required to keep 
at home {oUrvpelv), and not allowed to go out ol 
doors without the permission of their husbands. 
Thus, in a fragment of Menander, 2 we are told 
that married women are not allowed to pass the 
gate of the courtyard of the house, 

irepag yap av'kiog i9t>pa 
'Elevdtpa yvvaiKt vevd(iLOT' oUiag • 

and Aristophanes 3 speaks of their husbands forbiu 
ding them to go out. Again, on occasions of great 
public alarm (c. g., when the news of the defeat at 
Cheeroneia reached Athens), the women are spoken 
of, not as leaving their houses, but standing at their 
doors and inquiring after the fate of their husbands, 
a circumstance that is described as being discred 
itable to themselves and the city (avai-iuv airCtv 
nai T7}g Troleuc*). From a passage in Plutarch, 6 it 
appears that on this subject there was the same 
feeling at Thebes as well as at Athens ; and the 
same writer 6 informs us that one of Solon's Jaws 
specified the conditions and occasions upon which 
women were to be allowed to leave their houses. In 
later times there were magistrates at Athens (the 
ywaiKovo/Ltot), charged, as their name denotes, with 
the superintendence of the behaviour of women. 
( Vid. Gynaiconomoi.) 

But we must observe that the description given 
above of the social condition and estimation of 
women in Greece, does not apply to the heroic 
times as described by Homer, nor to the Dorian 
state of Sparta. With respect to the former, we 
have only space to remark, that the women of the 
Homeric times enjoyed much more freedom and 
consideration than those of later ages, and that the 
connexion between the sexes was then of a more 
generous and affectionate character than afterward. 
For another important distinction, see Dos, Greek. : 

Among the Dorians generally, and in Sparta es- 
pecially, the relation of the wife to the husband, and 
the regard paid to women, were for the most part 
the same as that represented by Homer to have 
prevailed universally among the ancient Greeks 
and as such, presented a strong contrast to the 
habits and principles of the Ionic Athenians, with 
whom the ancient custom of Greece, in this re- 
spect, was in a great measure supplanted by that of 
the East. At Sparta, for instance, the wife was 
honoured with the title of dea^oiva, or " mistress," 
an appellation not used unmeaningly or ironically, 
and which was common among the Thessalians and 
other nations of northern Greece. 8 Moreover, the 
public intercourse permitted by the Dorians between 
the sexes was (comparatively at least) of so free 
and unrestricted a character as to have given oc- 
casion for the well-known charges of licentiousness 
(aveatc) against the Spartan women. 9 The influ- 
ence, too, which the Lacedaemonian women enjoyed 
was so great, that the Spartans were blamed for 
submitting to the yoke of their wives ; and even 
Aristotle 10 thought it necessary to account for the 
circumstance by the supposition that Lycurgus had 
failed in his attempt to regulate the life and conduct 
of the Spartan women as he had wished. In short, 
there was a great contrast and difference between 
the treatment of women in the Dorian and Ionian 
states of Greece, which is well described by Muller" 
in the following words : " Among the Ionians wom- 
en were merely considered in an inferior and sen- 
sual light ; and though the Cohans allowed their 

1. (Demosth., c. Euerg., 1157 and 1150.) — 2. (Meineke, p. 
87.) — 3. (Thesm., p. 790.) — 4. (Lycurp-., c. Leocr., p. 53, Bek- 
ker.)— 5. (De Gen. Socr.,33)— 6. (Solon, 21.)— 7. (Becker, Chair 
kles, ii., 415.) — 8. (Miiller, Dorians, ii.. 4, t) 4 )— 9. (Eurip., An- 
drom., 586.)— 10. (Pol., ii., 6.)— 11 (1. c) 

G21 



MARRIAGE. 



MARRIAGE. 



feelings a more exalted tone, as is proved by the 
amatory poetesses of Lesbos, the Dorians, as well 
at Sparta as in the south of Italy, were almost the 
only nation who considered the higher attributes of 
the female mind as capable of cultivation." In 
Sparta, too, the unmarried women lived more in 
public than the married. The former appeared with 
iheir faces uncovered, the latter veiled ; and at 
Sparta, in Crete, and at Olympia, virgins were per- 
mitted to be spectators of the gymnastic contests, 
and married women only were excluded. The re- 
verse of this was the case in Ionia. 1 

The preceding investigation will have prepared 
the reader for the fact, that the strictest conjugal 
fidelity was required, under very severe penalties, 
from the wife (vid. Adulterium), while great laxity 
was allowed to the husband. The general practice 
is thus illustrated by Plautus : 2 

" Nam si vir scortum duxit clam uxorem suam, 
Id si rescivit uxor, impune est vivo. 
Uxor viro si clam domo egressa estforas, 
Vir o Jit causa, exigitur matrimonio.' !: 

In cases of adultery by the wife, the Athenian 
law subjected the husband to urifiia if he continued 
to cohabit with her ; so that she was ipso facto di- 
vorced. 3 But a separation might be effected in two 
different ways : by the wife leaving the husband, or 
the husband dismissing the wife. If the latter sup- 
posed her husband to have acted without sufficient 
justification in such a course, it was competent for 
her after dismissal, or, rather, for her guardians, to 
bring an action for dismissal (Scktj aTroTrefnpeuc or 
cnroTTOfXTrijc) • the corresponding action, if brought by 
the husband, was a 6lkt] airo/ieiipeue.. If, however, 
a wife were ill used in any way by her husband, he 
was liable to an action called a 6lktj Kaauaeuc* so 
that the wife was not entirely unprotected by the 
laws : a conclusion justified by a fragment in Athe- 
rn«us, 5 in which married women are spoken of as 
relying on its protection. But a separation, wheth- 
er it originated from the husband or wife, was con- 
sidered tc reflect discredit on the latter (6 yap diav- 
"koc- eartv alaxvvnv e^wv 6 ), independent of the diffi- 
culties and inconveniences to which she was sub- 
jected by it. At Sparta, barrenness on the part of a 
wife seems to have been a ground for dismissal by 
the husband; 7 and from a passage in Chrysostom, 8 
it has been inferred that women were in the habit 
of imposing supposititious children with a view of 
keeping (Karaaxelv) their husbands : not but that 
the word admits of, if, indeed, it does not (from the 
tense) require, a different interpretation. 

This article has been mainly composed from 
Becker's Charikles. 9 The duties of an Athenian 
wife are stated somewhat in detail by Xenophon. 10 

MARRIAGE (ROMAN), MATRIMO'NITJM, 
NUTTLE. A legal Roman marriage was called 
justae nuptiae, justum matrimonium, as being con- 
formable to jus (civile) or to law. A legal marriage 
was either cum conventione uxoris in manum viri, 
or it was without this conventio. But both forms 
of marriage agreed in this : there must be eonnubi- 
um between the parties, and consent : the male 
must also be pubes, and the woman viri potens. 
The legal consequences as to the power of the fa- 
ther over his children were the same in both. 

A Roman marriage may be viewed, first, with 
reference to the conditions required for a justum 
matrimonium ; secondly, with reference to the forms 
of the marriage ; thirdly, with reference to its legal 
consequences. 



1. (Muller, Dorians, ii., 2, t> 2.)— 2. (Mercat., iv., 6, 2.)— 3. 
(Demoath., c. Neter., p. 1374.)— 4. (p. 179.)— 5. (xiii., p. 559.)— 
3. (Frag. ap. Stob., p. 67, Gaisford.) — 7. (Herod., vi., 61.) — 8. 
I'Vat., xv., p. 4^7, R.)— 9. (ii., p. 4)5.)— 10. fCEcoa ad init.) 



Unless there was connubium, there could be no 
Roman marriage. Connubium is defined by TJlpian 
to be " uxoris jure dacenda facultas," or the faculty 
by which a man may make a woman his lawful 
wife. But, in truth, this is no definition at all, nor 
does it give any information. Connubium is mere- 
ly a term which comprehends all the conditions of 
a legal marriage. Accordingly, the term is ex- 
plained by particular instances : " Roman men citi- 
zens," says Ulpian, "have connubium with Roman 
women citizens (Romance civcs) ; but with Latin ae 
and Peregrinee, only in those cases where it has 
been permitted. With slaves there is no connu- 
bium." 

Sometimes connubium, that is, the faculty of 
contracting a Roman marriage, is viewed with ref- 
erence to one of its most important consequences, 
namely, the patria potestas : " for," says Gaius, 
"since it is the effect of connubium that the' chil- 
dren follow the condition of their father, it results 
that, when connubium exists, the children are not 
only Roman citizens, but are also in the power of 
their father." Generally, it may be stated that 
there was only connubium between Roman citi- 
zens : the cases in which it at any time existed be- 
tween parties, not both Roman citizens, were ex 
ceptions to the general rule. Originally, or, at 
least, at one period of the Republic, there was no 
connubium between the patricians and the. plebei- 
ans ; but this was altered by the lex Canuleia, 
which allowed connubium between persons of those 
two classes. 

There was no connubium between many persons 
with respect to one another, who had severally 
connubium with respect to other persons. Thus 
there were various degrees of consanguinity within 
which there was no connubium. There was no 
connubium between parent and child, whether the 
relation was natural or by adoption ; and a man 
could not marry an adopted daughter or grand- 
daughter, even after he had emancipated her. There 
was no connubium between brothers and sisters, 
whether of the whole or of the half blood ; but a 
man might marry a sister by adoption after her 
emancipation, or after his own emancipation. It 
became legal to marry a brother's daughter after 
Claudius had set the example by marrying Agrippi- 
na ; but the rule was not carried farther than the 
example, and in the time of Gaius it remained un- 
lawful for a man to marry his sister's daughter. 2 

There was no connubium, also, between persons 
within certain relations of affinity, as between a 
man and his socrus, nurus, privigna, and noverca. 

Any illegal union of a male and female, though 
affecting to be, was not a marriage : the man had 
no legal wife, and the children had no legai father ; 
consequently, they were not in the power of their 
reputed father. These restrictions as to marriage 
were not founded on any enactments : they were a 
part of that large mass of Roman law which belongs 
to jus moribus constitutum. 

The marriage of Domitius, afterward the Emper- 
or Nero, with Octavia, the daughter of Claudius, 
seems at first sight somewhat irregular. Nero was 
adopted by Claudius by a lex Curiata, 3 but he was 
already his son-in-law; at least, the sponsa.la are 
mentioned before the adoption.* There seems to 
be no rule of law which would prevent a man from 
adopting his son-in-law; though, if the adoption 
took place before the marriage, it would be illegal, 
as stated by Gaius. 

Persons who had certain bodily imperfections, aa 
eunuchs, and others who, from any cause, could 



1. (Fiag., v., 3.) — 8. (Gaius, i., 62.— Tacit., Ann., xii„ 5.— 
Sueton., Claud., 26.)— 3. (Tacit., Aim- xii , 26 )— 4. (Tacit, 
Ann., xii., 9.) 



MARRIAGE. 



MARRIAGE. 



never attain to puberty, could not contract mar- 
riage ; for, though pubertas was in course of time 
fixed at a positive age {vid. Impubes), yet, as the 
foundation of the notion of pubertas was physical 
capacity for sexual intercourse, there could be no 
pubertas if there was a physical incapacity. 

The essence of marriage was consent, and the 
consent, says Ulpian, " both of those who come to- 
guthor, and of those in whose power they are ;" and 
" marriage is not effected by sexual union, but by 
consent." Those, then, who were not sui juris, 
had not, strictly speaking, connubium, or the "uxo- 
ris jure ducenda. facultas ,•" though, in another sense, 
they had connubium, by virtue of the consent of 
those in whose power they were, if there was no 
other impediment. According to the old law, there 
is no doubt that a father could give his child in mar- 
riage, unless the child was emancipated, without 
asking the child's consent. 

The lex Julia et Papia Poppaea placed certain re- 
strictions on marriage as to the parties between 
whom it could take place. {Vid. Julia et Papia 
Poppaea ; Infamia.) 

A man could only have one lawful wife at a 
time; and,. consequently, if he were married, and 
divorced his wife, a second marriage would be no 
marriage unless the divorce were effectual. 

The marriage cum conventione differed from that 
sine conventione, in the relationship which it effect- 
ed between the husband and the wife ; the marriage 
cum conventione was a necessary condition to make 
a woman a materfamilias. By the marriage cum 
conventione, the wife passed into the familia of her 
husband, and was to him in the relation of a daugh- 
ter, or, as it was expressed, " in manum convenit." 1 
In the marriage sine conventione, the wife's rela- 
tion to her own familia remained as before, and she 
was merely uxor. "Uxor," says Cicero, 2 "is a 
genus of which there are two species ; one is ma- 
terfamilias, ' qua in manum convenit ;" the other is 
uxor only." Accordingly, a materfamilias is a wife 
who is in manu, and in the familia of her husband, 
and, consequently, one of his sui heredes, or in the 
manus of him in whose power her husband is. A 
wife not in manu was not a member of her hus- 
band's familia, and, therefore, the term could not 
apply to her. Gellius 3 also states that this was the 
olu meaning of materfamilias. Matrona was, prop- 
erly, a wife not in manu, and equivalent to Cicero's 
"lanlummodo uxor;" and she was called matrona 
before she had any children. But these words are 
not always used in these their original and proper 



meanings.' 



It does not appear that any forms were requisite 
in the marriage sine conventione ; and, apparently, 
the evidence of such marriage was cohabitation 
matrimonii causa. The matrimonii causa might be 
proved by various kinds of evidence. 

In the case of a marriage cum conventione, there 
were three forms, usus, farreum, and coemptio. 

Marriage was effected by usus if a woman lived 
with a man for a whole year as his wife ; and this 
was by analogy to usucapion of movables generally, 
in which usus for one year gave ownership. The 
law of the Twelve Tables provided that, if a woman 
did rot wish to come into the manus of her husband 
in this manner, she should absent herself from him 
annually for three nights {trinoctium), and so break 
the usus of the year. The Twelve Tables probably 
did not introduce the usus in the case of a woman 
cohabiting with a man matrimonii causa, any more 
than they probably did in the case of other things ; 
but, as in the case of other things, they fixed the 
time within which the usus should have its full ef- 

1. (Cic, Top., 3 s —2. (Tcp., 3.)— 3. (xviii., 6.)— 4. (Tuf.Ulp., 
Frag., iv.) 



feet, so they established a positive rule as to what 
time should be a sufficient interruption of usus in 
the case of matrimonial cohabitation, and such a 
positive rule was obviously necessary in order to 
determine what should be a sufficient lsgal inter- 
ruption of usus. 

Farreum was a form of marriage, in which cer- 
tain words were used in the presence of ten wit- 
nesses, and were accompanied by a certain religions 
ceremony, in which panis farreus was employed ; and 
hence this form of marriage was also called confar- 
reatio. This form of marriage must have fallen 
generally into disuse in the time of Gaius, who re- 
marks 1 that this legal form of marriage {hoc jus) was 
in use even in his time for the marriages of the 
flamines majores and some others. This passage 
of Gaius is defective in the MS., but its general 
sense may be collected from comparing it with Ta- 
citus 2 and Servius. 3 It appears that certain priest- 
ly offices, such as that of flamen dialis, could only 
be held by those who were born of parents who had 
been married by this ceremony (confarreati parcn- 
tcs). Even in the time of Tiberius, the ceremony 
of confarreatio was oRly observed by a few. As to 
divorce between persons married by confarreatio, 
see Divortium. 

Coemptio was effected by mancipatio, and, con- 
sequently, the wife was in mancipio.* A woman 
who was cohabiting with a man as uxor, might 
come into his manus by this ceremdny, in which 
case the coemptio was said to be matrimonii causa, 
and she who was formerly uxor became apud mari- 
tum filiae loco. The other coemptio, which was 
called fiduciae causa, and which was between a 
woman and a man not her husband, is considered 
under Testamentom and Tutela. If, however, an 
uxor made a coemptio with her husband, not matri- 
monii causa, but fiduciae causa, the consequence was 
that she was in manu, and thereby acquired the 
rights of a daughter. It is stated by a modern wri- 
ter, that the reason why a woman did not come in 
mancipium by the coemptio, but only in manum, is 
this, that she was not mancipated, but mancipated 
herself, under the authority of her father if she was 
in his power, and that of her tutors if she was not 
in the power of her father ; the absurdity of which 
is obvious, if we have regard to the form of manci- 
patio as described by Gaius, 5 who also speaks 6 of 
mancipatio as being the form by which a parent re- 
leased his daughter from the patria potestas {e suo 
jure), which he did when he gave his daughter in 
manum viri. The mancipatio must in all cases have 
been considered as legally effected by the father or 
the tutors. 

Sponsalia were not an unusual preliminary of mar- 
riage, but they were not necessary. " Sponsalia," 
according to Plorentinns, 7 " sunt mentio et repromis- 
sio nuptiarum futurarum.'" Gellius has preserved 8 
an extract from the work of Servius Sulpicius Rufus 
de Dotibus, which, from the authority of that great 
jurist, may be considered as unexceptionable. 9 
Sponsalia, according to Servius, was a contract by 
stipulationes and sponsiones, the former on the part 
of the future husband, the latter on the part of him 
who gave the woman in marriage. The woman 
who was promised in marriage was accordingly 
called sponsa, which is equivalent to promissa; the 
man who engaged to marry was called sponsus. 
The sponsalia, then, were an agreement to marry, 
made in such form as to give each party a right of 
action in case of non-performance, and the offend- 
ing party was condemned in such damages as to 
the judex seemed just. This was the law {jus) of 

I. (i., 112.)-2. (Ann., iv., 16.)-?. (ad Mn., iv., 104, 374.)— 
4. (Gaius, i., 118.)— 5. (i. ; 119.)— 6. (i., 118.) — 7. (Dig. 23, tit. 
1, s. 1.)— 8. (iv., 4.)— 9. (Compare Varro, De Lin;,'. Lat.,vi, 70 : 

6:23 



MARRIAGE. 



MARRIAGE. 



Bwnsalia, adds Servius, to the time when the lex 
Julia gave the eivitas to all Latium ; whence we 
may conclude that alterations were afterward made 
in it. The sponsalia were, of course, not binding, 
if the parties consented to waive the contract ; and 
either party could dissolve the contract, as either 
could dissolve a marriage, subject, however, to the 
right of action which the non-consenting party might 
have. If a person was in the relation of double 
sponsalia at the same time, he was liable to infamia. 
( Vid. Inf,amia.) Sometimes a present was made by 
the future husband to the future wife by way of 
earnest (arrha, arrha sponsalitia), or, as it was call- 
ed, propter nuptias donatio. 1 Sponsalia might be 
contracted by those who were not under seven years 
of age. (Vid. Inpans, Impubes.) 

The consequences of marriage were : 

1. The power of the father over the children- of 
the marriage, which was a completely new relation ; 
an effect, indeed, of marriage, but one which had no 
influence over the relation of the husband and wife. 
(Vid. Patria Potestas.) 

2. The liabilities of either of the parties to the 
punishments affixed to the violation of the marriage 
union. (Vid. Adulterium, Divortium.) 

3. The relation of husband and wife with respect 
to property, to which head belong the matters of 
dos, donatio inter virum et uxorem, donatio propter 
nuptias, &c. Many of these matters, however, are 
not necessary consequences of marriage, but the 
consequence of certain acts which are rendered pos- 
sible by marriage. 

In the later Roman history we often read of mar- 
riage contracts which have reference to dos, and 
generally to the relation of husband and wife view- 
ed with reference to property. A title of the Digest 2 
treats De Pactis Dotalibus, which might be made 
either before or after marriage. 

The Roman notion of marriage was that of a com- 
plete personal unity of the husband and wife (con- 
sortium omnis vita), as shown by a continuous co- 
habitation, the evidence of continuing consent ; for 
the dissent of either party, when formally ex- 
pressed, could dissolve the relation. (Vid. Divor- 
tium.) Neither in the old Roman law nor in its la- 
ter modifications was a community of property an 
essential part of the notion of marriage, unless we 
assume that originally all marriages were accom- 
panied with the conventio in manum, for in that 
case, as already observed, the wife became filiaefa- 
milias loco, and passed into the familia of her hus- 
band ; or if her husband was in the power of his fa- 
ther, she became to her husband's father in the re- 
lation of a granddaughter. The legal deduction from 
this is, that her legal personality was merged in that 
of her husband, all her property passed to him by a 
universal succession, 3 and she could not thencefor- 
ward acquire property for herself. Thus she was 
entirely removed from her former family as to her 
legal status, and became as the sister to her hus- 
band's children. In other words, when a woman 
came in manum, there was a blending of the matri- 
monial and the filial relation. It was a good mar- 
riage without the relation expressed by in manu, 
which was a relation of parent and child superadded 
to that of husband and wife. It is a legitimate con- 
sequence that she could not divorce her husband, 
though her husband might divorce her ; and if we 
assume that the marriage cum conventione was ori- 
ginally the only form of marriage (of which, howev- 
er, we believe there is no proof), the statement of 
Plutarch (vid. Divortium), that the husband alone 
had originally the power of effecting a divorce, will 
consist with this strict legal deduction. It is pos- 



1. (Cod. v., tit. 3.)— 2. (23, tit. 4.)~-3. (Gaius, ii., 96, 98.) 
624 



sible, however, that, even if the marriage cum con« 
v°ntione was once the only form, there might hava 
been legal means by which a wife in manu could 
effect a dissolution of the marriage, just as a person 
in mancipii causa had still certain personal rights 
against his legal owner. But conjecture is beyond 
our province, which is confined to matters of which 
there is evidence. 

When there was no cnnventio, the woman re« 
mained a member of her own familia : she was tc 
her husband in the same relation as any other Ro- 
man citizen, differing only in this, that her sex ena- 
bled her to become the mother of children who were 
the husband's children and citizens of the state, and 
that she owed fidelity to him so long as the matri- 
monial cohabitation continued by mutual consent. 
But her legal status continued as it was before : if 
she was not in the power of her father, she had for 
all purposes a legal personal existence independent- 
ly of her husband, and, consequently, her property 
was distinct from his. It must have been with re- 
spect to such marriages as these that a great part, 
at least, of the rules of law relating to dos were es- 
tablished ; and to such marriages all the rules of 
law relating to marriage contracts must have refer- 
red, at least so long as the marriage cum conventi- 
one existed and retained its strict character. 

When marriage was dissolved, the parties to it 
might marry again ; but opinion considered it more 
decent for a woman not to marry again. A woman 
was required by usage (mos) to wait a year before 
she contracted a second marriage, on the pain of in- 
famia. (Vid. Infamia.) 

The above is only an outline of the law of mar- 
riage, but it is sufficient to enable a student to car- 
ry his investigations farther. 

It remains to describe the customs and rite3 
which were observed by the Romans at marriages 
(ritus nvptiales or nuptiarum solemnia justa, ra vojti- 
\dfieva tuv ydfiuv). After the parties had agreed to 
marry, and the persons in whose potestas they were 
had consented, a meeting of friends was sometimes 
held at the house of the maiden for the purpose of 
settling the marriage contract, which was called 
sponsalia, and written on tablets (tabula legitime), 
and signed by both parties. 1 The woman, after she 
had promised to become the wife of a man, was call- 
ed sponsa, pacta, dicta, or sperata. 2 From Juvenal' 
it appears that, at least during the imperial period, 
the man put a ring on the finger of his betrothed 
as a pledge of his fidelity. This ring was probably, 
like all rings at this time, worn on the left hand, and 
on the finger nearest to the smallest. 4 The last 
point to be fixed was the day on which the marriage 
was to take place. Towards the close of the Re- 
public it had become customary to betroth young 
girls when they were yet children ; Augustus there- 
fore limited the time during which a man was al- 
lowed to continue betrothed to a girl, 5 and forbade 
men to be betrothed to girls before the latter had 
completed their tenth year, so that, the age of pu- 
bertas being twelve years, a girl might not be com- 
pelled to be betrothed longer than two years. 6 

The Romans believed that certain days were un- 
fortunate for the performance of the marriage rites, 
either on account of the religious character of those 
days themselves, or on account of the days by which 
they were followed, as the woman had to perform 
certain religious rites on the day after her wedding, 
which could not take place on a dies ater. Days 
not suitable for entering upon matrimony were the 
Calends, Nones, and Ides of every month, all dies 



1. (Juv., Sat., ii., 119, &c— Id. ib., vi., 25, 200.— Gellms, iv.. 
4.)— 2. (Gellius, 1. c— Plaut., Trinum., ii., 4, 99.— Nonius, iv , 
p. 213.) — 3. (Sat., vi., 27.)— 4. (Macrob., Sat., vii., 13.) — 5 
'Suet , Octav., 34.)— 6. (Dion Cass., liv., p. 609, Steph » 



MARRIAGE. 



MARRUBIUM. 



atri, the whole months of May, 1 and February, and 
a great number of festivals. 3 Widows, on the other 
hand, might marry on days which were inauspicious 
for maidens. 3 

On the wedding-day, which in the early times 
was never fixed upon without consulting the auspi- 
ces,* the bride was dressed in a long white robe 
with a purple fringe, or adorned with ribands. 5 This 
dress was called tunica recta, 6 and was bound round 
the waist with a girdle {corona, cingulum, or zona 1 ), 
which the husband had to untie in the evening. 
The bridal veil, called flammeum, was of a bright 
yellow colour, 8 and her shoes likewise. 9 Her hair 
was divided on this occasion with the point of a 
spear. 10 

The only form of marriage which was celebrated 
with solemn religious rites was that by confarrea- 
tio ; the other forms, being mere civil acts, were 
probably solemnized without any religious ceremony. 
In the case of a marriage by confarreatio, a sheep 
was sacrificed, and its skin was spread over two 
chairs, upon which the bride and bridegroom sat 
down with their heads covered. 11 Hereupon the 
marriage was completed by pronouncing a solemn 
formula or prayer, after which another sacrifice was 
offered. A cake was made of far and the mola sal- 
sa prepared by the vestal virgins, 12 and carried be- 
fore the bride when she was conducted to the resi- 
dence of her husband. It is uncertain whether this 
cake is the same as that which is called muslaceum, 13 
and which was in the evening distributed among 
the guests assembled at the house of the young 
husband. 

The bride was conducted to the house of her hus- 
band in the evening. She was taken with apparent 
violence from the arms of her mother, or of the per- 
son who had to give her away. On her way she 
was accompanied by three boys dressed in the prae- 
texta, and whose fathers and mothers were still 
alive (patrimi et matrimi). One of them carried be- 
fore her a torch of white thorn {spina), or, accord- 
ing to others, of pine wood ; the two others walked 
*y her side, supporting her by the arm. 1 * The bride 
nerself carried a distaff and a spindle with wool. 15 
A boy, called camillus, carried in a covered vase 
{cumera, cumerum, or camillum) the so-called uten- 
sils of the bride and playthings for children {crepun- 
dia 16 ). Besides these persons who officiated on the 
occasion, the procession was attended by a numer- 
ous train of friends both of the bride and the bride- 
groom, whose attendance was called ojfficium and 
ad officium venire. 11 Plutarch 18 speaks of five wax 
candles which were used at marriages ; if these 
were borne in the procession, it must have been to 
light the company which followed the bride ; but it 
may also be that they were lighted during the mar- 
riage ceremony in the house of the bride. 

When the procession arrived at the house of the 
bridegroom, the door of which was adorned with 
garlands and flowers, the bride was carried across 
the threshold by pronubi, i. e., men who had only 
been married to one woman, that she might not 
knock against it with her foot, which would have 
been an evil omen. 19 Before she entered the house, 

1. (Ovid, Fast., v., 490.— Plut., Quaest. Rom., p. 284.) — 2. 
Maorob., Sat., i., 15.— Ovid, Fast., ii., 557.)— 3. (Macrob., Sat., 
1. c— Plut., Quaest. Rom., p. 289.)— 4. (Cic, De Div., i., 16.— 
Val. Max., ii., 1, 1.)— 5. (Juv., ii., 124.)— 6. (Plin., H. N., viii., 
48.) — 7. (Festus, s. v. Cingulo.) — 8. (Plin., H. N., xxi., 8.— 
Schol. ad Juv., vi., 225.) — 9. (Catull., lxii., 10.) — 10. (Ovid, 
Fast., ii., 560. — Arnob. adv. Gent., ii., p. 91. — Plut., Quaest. 
Rom., p. 2S5.) — 11. (Serv. ad .En., iv., 374.) — 12. (Serv. ad 
Vir ? ., Eclog., viii., 82.)— 13. (Juv., Sat., vi., 201.)— 14. (Fest., 
a. v. Tatrimi et matrimi. — Varro, ap. Chansium, i., p. 117. — 
Plin., H. N., xvi., 18.) — 15. (Plin., H. N., viii., 48. — Plut., 
Qusst. Rom., p. 271.) — 16. (Festus, ■. v. Cumeram. — Plaut., 
Ciitel., i.i., 1, 5.)— 17. (Suet., Calig., 25.— Id., Claud., 26.)--18. 
(Q»sest.Rom.,init.)— 19. (Plut, Quaest. Rom., p. 271, c— Plaut., 
Cm., it., 4,1.) 

4K 



she wound wool around the docx-posts of her jtew 
residence, and anointed them with lard {adeps suiU 
lus) or wolf's fat {adeps lupinus 1 ). The husband 
received her with fire and water, which the woman 
had to touch. This was either a symbolic purifica- 
tion (for Servius 8 says that the newly-married couple 
washed their feet in this water), or it was a sym- 
bolic expression of welcome, as the interdicere aqua 
et igni was the formula for banishment. The brido 
saluted her husband with the words ubi tu Gaius, 
ego Caia. 3 After she had entered the house with 
distaff and spindle, she was placed upon a sheep- 
skin, and here the keys of the house were delivered 
into her hands.* A repast {coena nuptialis), given 
by the husband to the whole train of relatives and 
friends who accompanied the bride, generally con- 
cluded the solemnity of the day. 5 Many ancient 
writers mention a very popular song, Talasius or 
Talassio, which was sung at weddings ; 6 but wheth- 
er it was sung during the repast or during the pro- 
cession is not quite clear, though we may infer, front 
the story respecting the origin of the song, that it 
was sung while the procession was advancing to- 
wards the house of the husband. 

It may easily be imagined that a solemnity like 
that of marriage did not take place among the mer- 
ry and humorous Italians without a variety of jests 
and railleries, and Ovid 7 mentions obscene songs 
which were sung before the door of the bridal apart- 
ment by girls after the company had left. These 
songs were probably the old Fescennina {vid. Fes 
cennina), and are frequently called Epitkalamia. 
At the end of the repast the bride was conducted, 
by matrons who had not had more than one hus- 
band {pronubce), to the lectus genialis in the atrium, 
which was on this occasion magnificently adorned 
and strewed with flowers. On the following day 
the husband sometimes gave another entertainment 
to his friends, which was called repotia, 8 and the 
woman, who on this day undertook the management 
of the house of her husband, had to perform certain 
religious rites, 9 on which account, as was observed 
above, it was necessary to select a day for the mar- 
riage which was not followed by a dies ater. These 
rites probably consisted of sacrifices to the Dii Pe- 
nates. 10 

The rites and ceremonies which have been men- 
tioned above are not described by any ancient wri- 
ter in the order in which they took place, and the 
order adopted above rests in some measure merely 
upon conjecture. Nor is it, on the other hand, clear 
which of the rites belonged to each of the three 
forms of marriage. Thus much only is certain, 
that the most solemn ceremonies, and those of a 
religious nature, belonged to confarreatio. 

The position of a Roman woman after marriage 
was very different from that of a Greek woman. 
The Roman presided over the whole household ; 
she educated her children, watched over and pre- 
served the honour of the house, and, as the mater 
familias, she shared the honours and respect shown 
to her husband. Far from being confined, like the 
Greek women, to a distinct apartment, the Roman 
matron, at least during the better centuries of the 
Republic, occupied the most important part of thft 

*MARRU'BIUM, Horehound. The white Hore- 
hound is the Marrubium vulgare, or the M. album of 
the shops. The modern Greeks term it cKvo\bxop- 

1. (Serv. ad ./En., iv., 19.— Plin., H. N., xxviii., 9.)— 2. (ad 
JEn., iv., 104.)— 3. (Plut., Qu<est. Rom., 1. c.)— 4. (Festus, s. v. 
Clavis.)— 5. (Plaut., Cure, v., 2, 61. — Suet., Calig., 25.)— 6 
(Plut., Quaest. Rom., I.e. — Liv., i., 9. — Dionys. Hal., Ant. Rom , 
ii., 31.— Festus, s. v. Talassionem.) — 7. (Fast., iii., 675.)— 8. 
(Festus, s. v.— Horat., Sat., ii., 2, 60.)— 9. (Macrob., Sat., i., 15.) 
— 10. (Cic, De Repub., v., 5.) — 11. (Compaie Lipsiui, E ect., 
i., 17. — Bottle: Aldobrandin. Hochzeit, p. 124, <kc.) 

fi25 



MARTYRIA. 



MARTYRIA. 




rov. Sibthorp found it in the Greek islands. The 
rcpdaiov of Theophrastus and Dioscorides is not only 
jhe same as this, but is also applied to other species. 
The Tcpaaiov avj/zwdef of Theophrastus is the M. 
Africanum. The ipevdo-iKrafivov (false dUrafivov) 
is the M. pseudo dictamius, called in Attica, at the 
present day, fzadpo/ndpyo, and in Laconia, acTtpoTu- 
kookuvSv. 1 
MARSUTIUM (piapovmov, fialavrLov), a Purse. 2 
The purse used by the ancients 
was commonly a small leathern 
bag, and was often closed by be- 
ing drawn together at the mouth 
{avG~aara fiaXavTia 3 ). Mercury 
is commonly represented holding 
one in his hand, of which the an- 
nexed woodcut from an intaglio 
in the Stosch collection at Berlin 
presents an example. 

MARTIA'LIS FLAMEN. (Vid. Flamex.) 
* MARTIA'LES LUDI. {Vid. Ludi Martiales.) 
MARTI RI A (/xaprvpia) signifies strictly the dep- 
osition of a witness in a court of justice, though the 
word is applied metaphorically to all kinds of testi- 
mony. We shall here explain, 1, what persons 
were competent to be witnesses at Athens ; 2, what 
was the nature of their obligation ; 3, in what man- 
ner their evidence was given ; 4, what was the pun- 
ishment for giving false evidence. 

None but freemen could be witnesses. The in- 
capacity of women may be inferred from the gener- 
al policy of the Athenian law, and the absence of 
any example in the orators where a woman's evi- 
dence is produced. The same observation applies 
to minors. 

Slaves were not allowed to give evidence, unless 
upon examination by torture (fJaaavog). There ap- 
pears to have been one exception to this rule, viz., 
that a slave might be a witness against a freeman 
in case of a charge of murder,* though Platner 5 
thinks this only applied to the giving information. 
The party who wished to obtain the evidence of a 
slave belonging to his opponent challenged him to 
give up the slave to be examined (e^ret tov 6ov- 
"kov). The challenge was called rrpoKknaiq. The 
owner, if he gave him up, was said knoovvai or na- 
padovvai. But he was not obliged so to do, and the 
general practice was to refuse to give up slaves, 
which, perhaps, arose from humanity, though the 
opponent always ascribed it to a fear lest the truth 
should be elicited. The orators affected to consid- 
er the evidence of slaves, wrung from them by tor- 
ture, more valuable and trustworthy than that of 
freemen ; but it must be observed, they always use 
this argument when the slave had not been exam- 
ined. 6 

Citizens who had been disfranchised (rjTLfiufiivoi) 
could not appear as witnesses (any more than as 
jurors or plaintiffs) in a court of justice ; for they 
had lost all honourable rights and privileges. 7 But 
there was no objection to alien freemen. 8 We learn 
from Harpocration, 9 that in actions against freedmen 
for neglect of duty to their patrons {dTroarao-tov 61- 
kql), foreigners were not allowed to put in an affida- 
vit that the action was not maintainable {p.r] eiaa- 
yuyiuov elvai). But this can hardly be considered 



1. (Dioscor., in., 119.— Plin., H. N., xx., 22 — Theophrast., 
II. P., vi., 1, 2.— Billerbeck, Flora Classica, p. 153, 154.)— 2. 
(Non. Marcellus, s. v. — Varro, De Re Rust., iii., 17. — Plaut., 
Men., II., i., 29.— Id. ib., II., iii., 33, 35.— Id. ib., V., vii., 47.— 
Id., Pcen., III., v., 37.— Id., Rud., V., ii., 26.— Xen., Conviv., iv., 
2.)— 3. (Plat., Conviv., p. 404, ed. Bekker.) — 4. (Antiph., De 
Morte Her., 728.)— 5. (Att. Proc, p. 215.)— 6. (Demosth., c. 
Aphob., 848. — Id., c. Onet., 874. — Hudtwalcker, Ueber die Dift- 
tuten, p 44, &c.) — 7. (Demosth., c Neaer., 1353. — Wachsmuth, 
II., i., p. 244.)— 8. (Demosth., c. Lacr., 927, 929.— ^Eschin., De 
Fals. Leg., 49, ed. Steph.)— 9. (s. v. Aiapaprvpi'a.) 
626 



an exception, for ^uch affidavits gave an undue afl 
vantage to the party for whom they vi ere made. 

Neither of the parties to a cause was competent 
to give evidence for himself, though each was com- 
pelled to answer the questions put by the other. 
The law declared toiv uvtl6lkolv kndvayKEC tlvai 
uTcoKplvaadai a7Jkr{koic to epurupievov, fiaprvpelv 6e 
p.r]. x That the friends of the party who pleaded foi 
him (called awrjyopoC) were not incompetent to giv^ 
evidence, appears from the fragment of Isaeus, Pro 
Ewpkil., and also from ^Eschines, who, on his trial 
for misconduct in the embassy, calls Phocion to as- 
sist him both as a witness and an advocate. 2 

The obligation to attend as a witness, both in 
civil and criminal proceedings, and to give such 
evidence as he is able to give, arises out of the dut> 
which every man owes to the state ; and there is 
no reason to believe that any persons (except the 
parties themselves) were exempted from this obli- 
gation. The passages which Platner 3 and Scho- 
mann* cite in support of the contrary view prove 
nothing more than that the near relations of a party 
were reluctant to give evidence against him, where- 
as the fact that they were bound by law to give 
evidence may be inferred from Demosthenes. 5 

The party who desired the evidence of a witness 
summoned him to attend for that purpose. The 
summons was called Trpoo-nhncnc. 6 If the witness 
promised to attend, and failed to do so, he was lia- 
ble to an action called dinn 7.u-Kop.ap-vpLov. Wheth- 
er he promised or not, he was bound to attend ;. and 
if his absence caused injury to the party, he was 
liable to an action (6lktj (3Xu6r]c). This is the prob- 
able distinction between these forms of action, as 
to which there has been much doubt. 7 

The attendance of the witness was first requhed 
at the avunpiGLg, where he was to make his deposi- 
tion before the superintending magistrate (hyefiuv 
diKaoTnpiov). The party in whose favour he ap- 
peared generally wrote the deposition at home upon 
a whitened board or tablet (heXevKUfievov ypa\Lp.ar- 
elov), which he brought with him to the magistrate's 
office, and, when the witness had deposed thereto, 
put into the box (kxivog ) in which all the documents 
in the cause were deposited. If the deposition was 
not prepared beforehand, as must always have been 
the case when the party was not exactly aware 
what evidence would be given, or when anything 
took place before the magistrate which could not be 
foreseen, as, for instance, a challenge, or question 
and answer by the parties ; in such a case it was 
usual to write down the evidence upon a waxen 
tablet. The difference between these methods was 
much the same as between writing with a pen on 
paper, and with a pencil on a slate ; the latter could 
easily be rubbed out and written over again if ne- 
cessary. 8 If the witness did not .attend, his evi- 
dence was, nevertheless, put into the box ; that is, 
such evidence as the party intended him to give, or 
thought he might give, at the trial. For all testi 
monial evidence was required to be in writing, in 
order that there might be no mistake about the 
terms, and the witness might leave no subterfuge 
for himself when convicted of falsehood. 9 The 
avaKptaic might last several days, and, so long as it 
lasted, fresh evidence might be brought, but none 
could be brought after the last day, when the box 
was sealed by the magistrate, and kept so by him 
till the day of trial. 10 

1. (Demosth., c. Steph., 1131.)— 2. (De Pais. Leg-., p. 51, 53, 
ed. Steph.)— 3. (Att. Proc, p. 217.)— 4. (Att. Proc. p. 671.)— 
5. (c. Aphob., 849, 850, 855.)— 6. (Demosth., c Timoth., 1194.) 
7. (Meier and Schornann, Att. Proc, p. 387 --Platner, Att 
Proc, p. 221.)— 8. (Demosth., c Steph., 1132.)-- d. (Demosth. 
c Steph., 1115, 1130.)— 10. (Demosth., c Aphob., 836.— Id., c 
Boeot. de Nom., 999. — Id., c Euerg. et Mnei., 1143.— Id., r 
Conon., 1265.) 



MARTY HI A. 



A1AR1TRIA. 



The form of a deposition was simple. The fol- 
lowing example is from Demosthenes: 1 Archenom- 
ides, son of Archedamas of Anagyrus, testifies that 
articles of agreement were deposited with him by 
Androcles of Sphettus, Nausicrates of Carystus, 
Artemon and Apollodorus, both of Phaselus, and 
that the agreement is still in his hands." Here we 
must observe that, whenever a document was put 
in evidence at the trial, as an agreement, a will, the 
evidence of a slave, a challenge, or an answer given 
by either party at the avufcpicnc, it was certified by 
a witness, w T hose deposition was at the same time 
produced and read. 2 

The witness, whether he had attended before the 
magistrate or not, was obliged to be present at the 
trial, in order to confirm his testimony. The only 
exception was when he was ill or out of the coun- 
try, in which case a commission might be sent to 
examine him. 'Vid. Eoiartyria.) All evidence 
was produced by the party during his own speech, 
the K?>eTpvdpa being stopped for that purpose. 3 The 
witness was called by an officer of the court, and 
mounted on the raised platform (fiiifia) of the speak- 
er while his deposition was read over to him by the 
clerk ; he then signified his assent, either by ex- 
press words, or bowing his head in silence.* In 
the editions that we have of the orators, we see 
sometimes Maprvpla written (when evidence is pro- 
duced) and sometimes Mdprvpeg. The student must 
not be deceived by this, and suppose that sometimes 
the deposition only was read, sometimes the wit- 
nesses themselves were present. The old editors 
merely followed the language of the orators, who 
said, " call the witnesses," or " mount up, witness- 
es," or " the clerk shall read you the evidence," or 
something to the same effect, varying the expres- 
sion according to their fancy. 5 

If the witness was hostile, he was required either 
to depose to the statement read over to him, or to 
take an oath that he knew nothing about it (fiaprv- 
Qilv 7} k^ofivveLv). One or the other he was com- 
pelled to do, or, if he refused, he was sentenced to 
pay a fine of a thousand drachma to the state, which 
sentence was immediately proclaimed by the officer 
of the court, who was commanded kItjtf.velv or m- 
KATjreveiv avrov, i. e., to give him notice that he was 
in contempt and had incurred the fine. 6 

An oath was usually taken by the witness at the 
uvdnpicig, where he was sworn by the opposite 
party at an altar (7rpoc tov (3u[idv k^upKladrj). If he 
had not attended at the avuKptott, he might be 
sworn afterward in court, as was always the case 
when a witness took the oath of denial (kt-u/iooe). 
In the passage just cited from Lycurgus, the ex- 
pression 7M6vrag tu lepd means nothing more than 
touching the altar or its appurtenances, and has no 
reference to victims. 7 Whether the witness was 
always bound to take an oath is a doubtful point. 8 

The oath of the witness (the ordinary vo/ufio? 
opKog) must not be confounded with the oath taken 
by one of the parties, or by some friend or other 
person, out of court, with a view to decide the 
cause or some particular point in dispute. This 

1. (c. Lacr., 927.)— 2. (Demosth., Pro Phorm., 946, 949, 957. 
-Id., c. Phaenipp., 1046.— Id , c. Steph., 1120.)— 3. (Isaeus, De 
t*:: 'i -;red., 39, ed. Steph.— Demosth., c. Eubul., 1305.)— 4. 
(Lye., De Eratos. Mort., 94, ed. Steph.— ^sch., De Fals. Leg., 
49, ed. Steph— Demosth., c. Meid., 560.— Id., c. Phorm., 913.— 
Id., c. Steph., 1109.— Id., c. Eubul., 1305.)— 5. (Vid. Lys., Pro 
Mantith., 147, ed. Steph. — Isaeus, De Pyrr. haer., 45, ed. Steph. — 
Demosth., c. Callipp., 1236.— Id., c. Neaer., 1352.)— 6. (Demosth., 
c. Aphob., ?*>0.— Id., c. Neaer., 1373.— Id., c. Theocr., 1324.— 
-Esch., c. Ti march . 10, ed. Steph. — Isaeus, De Astyp. haered., 
7C, ed. Stfc,.V — Id., c. Leocr., 150, ed. Steph. — Meier and Schu- 
mann, Att. Pn*,., p. 672. — Platner, Att. Proc., p. 219.) — 7. 
(Valckenaer, Opusc. Philol., vol. i., t>. 37-39.)— 8. (Vid. De- 
mosth., c. Coron., 1265.— Id., c. Steph., 1119.— Id., c. Eubul., 
1305.— -Esch.. De Fals. Ltg., 49, ed. Steph.— Scbdmann, Att. 
''roc., p. 675. > 



was taken by the consent of the adversary, upon a 
challenge given and accepted ; it was an oath of a 
more solemn kind, sworn by (or upon the heads of) 
the children of the party swearing (Kara ruv nai 
6uv), or by perfect or full-grown victims (nat)' lepuv 
Te?i.eco)v), and often with curses upon himself or hia 
family (/car' efw/Ui'ac); and sometimes was accom- 
panied with peculiar rites, such as passing through 
fire (6 La tov nvpog). The mother, or other female 
relative of the party (who could not be a witness), 
was at liberty to take this oath. 1 

On some extraordinary occasions we find that 
freemen were put to the torture by a special decree 
of the people or the senate, as on the occasion of 
the mutilated Hermes busts, 3 and they were less 
scrupulous about aliens than about citizens ; but (as 
a general rule) it is certain that freemen could not 
be tortured in courts of justice, and even an eman 
cipated slave, Demosthenes says, it would be an act 
of impiety (ovd' oqlov) to give up for such a pur- 
pose. 3 

With respect to hearsay evidence, see E marty 
ria ; and with respect to the affidavit called dLa.fj.ap- 
rvpia, see Heres, Greek, p. 496. 

We have hitherto spoken only of causes which 
came before the dicasts in the ordinary way, and 
have said nothing of those which were decided by 
the public arbitrators. The above remarks, how- 
ever, will equally apply to the latter, if the reader 
will bear in mind that the arbitrator performed the 
duties of the magistrate at the avdnpLOLg as well as 
those of the dLKaarai at the trial. He heard the 
witnesses and received the depositions from day to 
day, as long as he sat, and kept the exlvoc open 
until the last day (nvpiav Tj/xepav).* 

If the witness in a cause gave false evidence, 
the injured party was at liberty to bring an action 
against him {6'lktj ipevdofiaprvpLtiv) to recover com- 
pensation. The proceeding was sometimes called 
ETn'GKTjipLg, and the plaintiff was said eirLGK^Trreadai 
ry juapTvpla or tu fiupTvpi. 5 This cause was prob- 
ably tried before the same presiding magistrate as 
the one in which the evidence was given. 6 The 
form of the plaintiff's bill, and of the defendant's 
plea in denial, will be found in Demosthenes. 7 
From the same passage we also learn that the ac- 
tion for false testimony was a TLfirfTog uyuv, in which 
the plaintiff laid his own damages in the bill ; and 
from Demosthenes 8 it appears that the dicasts had 
power not only to give damages to the plaintiff, but 
also to inflict the penalty of aTifiia by a TzpoaTifirj- 
aic. 9 A witness who had been a third time con- 
victed of giving false testimony was ipso jure dis- 
franchised. 10 The main question to be tried in the 
cause against the witness was, whether his evi- 
dence was true or false ; but another question com- 
monly raised was, whether his evidence was mate- 
rial to the decision of the previous cause. 11 

When a witness, by giving false evidence against 
a man upon a criminal trial, had procured his con- 
viction, and the convict was sentenced to such a 
punishment (for instance, death or banishment) as 
rendered it impossible for him to bring an action, 
any other person was allowed to institute a public 



1. (Demosth., c. Aphob., 852. — Id., c. Breot., De Dote, 1011. 
— Id., c. Timoth., 1203.— Id., c. Callip., 1240.— Id., c. Conor.., 
1269. — Id., c. Neaer., 1365.— Wachsmuth, II., i., 335. — HudV- 
walcker, 52-57.)— 2. (Thirlwall, Hist, of Greece, c. 25, p. 393.) 
—3. (Demosth., c. Aphob., 856.— Id., c. Timoth., 1200.— Meier, 
Att. Proc, p. 684.)— 4. (Vid. Demosth., c. Meid., 541.— Id., c 
Timoth., 1190.— Meier and Schumann, Att. Proc, p. 676.) — 5 
(Isaeus, De Pyrrh. haired., 39. — Id., De Dicaeog-. haered., 52, ed. 
Steph. — Demosth., c Aphob., 846,856. — Harpocrat., s. v. 'Ettco- 
KtjipaTo.)— 6. (Meier, Att. Proc, p. '45.)— 7. (c Steph., 1115.)— 
8. (c Aphob., 849, 859.)— 9. (Vid. also Isaeus, De Dicaeog. ha 
red., 52.)— 10. (Meier, Att. Proc, p. 383.)— 11. (Demosth., c. 
Euerg. et Mres , Il39, 1161.— Id., c Aphob., 853-S56.— Id., 
Steph., 1117.- Platner, Att. Proc, i., 400, &e.) 

r.27 



MASTICHE. 



MEDICINA. 



prosecution against the witness, either by a ypatyrj, 
or perhaps by an eiaayytXia or npoSoX^. 1 

After the conviction of the witness, an action 
might be maintained against the party who suborn- 
ed him to give false evidence, called SIkv aa/corex- 
vitiv* And it is not improbable that a similar ac- 
tion might be brought against a person who had 
procured false evidence to be given of a defendant 
having been summoned, after the conviction of the 
witness in a ypatyq Tl)evdon2,7jTeiag. 3 

It appears that, in certain cases, a man who had 
lost a cause was enabled to obtain a reversal of the 
judgment (6Un avadinog) by convicting a certain 
number of the adverse witnesses of false testimony. 
Thus, in inheritance causes, the law enacted edv a%Q> 
Tig Tciv ipevdofiapTvpitiv, naXiv e£ dpxvc tivat nepl av- 
tC)v rag X^ecg* This was the more necessary, on 
account of the facility afforded to the parties to stop 
the progress of these causes by affidavits (vid. Dia- 
martyria), and also because no money could com- 
pensate an Athenian for the loss of an inheritance. 
The same remedy was given by the law to those 
who had been convicted in a dinn ipevdofiaprvpitiv 
or in a ypa<j>fj gevcag. In the last case, the convict- 
ed person who proceeded against the witness was 
compelled to remain in prison until the determina- 
tion of his suit. 5 We are informed that these are 
the only cases in which a judgment was allowed to 
be reversed in this way ; but whether there were 
not more cases than these has been justly doubted 
by Schomann. 6 The scholiast on Plato 7 is evidently 
wrong in supposing that it was necessary, under 
the Athenian law, to convict more than half the 
number of the witnesses. This appears from the 
passage above cited from Isseus on the estate of 
Hagnias. 

We conclude by noticing a few expressions. 
Maprvpelv tlvl is to testify in favour of a man, na- 
rauaprvpeiv rtvog to testify against. Maprvpeodcu 
to call to witness (a word used poetically), dcafiap- 
rvoeadat, and sometimes eTrifiaprvpeodai, rovg ttapbv- 
rag, to call upon those who are present to take no- 
tice of what passes, with a view to give evidence. 8 
^revdo/xapTvpelv and eiuopKelv are never used indif- 
ferently, which affords some proof that testimony 
was not necessarily on oath. The fidprvg (witness 
in the cause) is to be distinguished from the ulrjrrip 
or Klrirup, who merely gave evidence of the sum- 
mons to appear. 

MASTE'RES (fiaarfipeg). (Vid. Zetetai.) 

*MAST<ICHE ifiauTixv), Gum Mastich. " This 
is correctly described as the resin of the Lentiscus 
by Dioscorides and Plftiy. It is the Pistachio, Len- 
tiscus. The Chian Mastich is particularly com- 
mended by Galen." 9 The wood of the Pistachia 
Lentiscus, according to Sibthorp, is much esteemed 
by the Greeks at the present day for fuel. They 
call the tree axfvog. The mastich or gum is only 
collected in Scio. The ashes of the wood are used 
by the Athenian soap-boilers for making the ley for 
the manufacture of soap. In Zante it is also con- 
sidered as furnishing the best lixivium. The tan- 
ners employ it with valanida in the preparation of 
leather. In Ithaca an oil (cxlvo16.8i) is expressed 
from the berry. The axlvog of the modern Greeks 
is also the axlvog of Theophrastus. The ancient 
verb axLvi^ofxat signifies " to chew mastich" or "the 
wood of the mastich-tree," in order to sweeten the 
breath and cleanse the teeth. The gum is now 



1. (Andoc., De Myst., 4.— Platner, Att. Proa, 411. — Meier, 
Att. Proa, 382)--2. (Demosth., a Timoth., 1201. — Id., a 
Euerg. et Mnes , 1139.)— 3. (Meier, Att. Proa, 759.) — i. (Isasus, 
De Hagn. haered., 88, ed.%teph. — Id., De Dicax>g. hatred., 50, 
51.)— 5. (Demosth., c. Timocr., 741.)— 6. (Att. Proa. 761.)— 7. 
(Leg., xi., 14.)— 8. (Demosth., a Euerg. et Mnes., 1150 )— 9. 
(Dioscor., i., 90. — Plin., H. N., xxiv., 28. — Adams, Append., 
t. v.) 

628 



much used by the women of Turkey for the saua 
purpose. 1 

MASTFGIA. (Vid. Flagrum.) 

MATERFAMI'LIAS. (Vid. Marriage, Roman, 
p. 623.) 

MATRA'LIA, a festival celebrated at Rome ev 
ery year on the 11th of June, in honour of the god- 
dess Mater Matuta, whose temple stood in the Fo 
rum Boarium. It was celebrated only by Roman 
matrons, and the sacrifices offered to the goddess 
consisted of cakes baked in pots of earthenware. 8 
Slaves were not allowed to take part in the solem- 
nities or to enter the temple of the goddess. One 
slave, however, was admitted by the matrons, but 
only to be exposed to a humiliating treatment, for 
one of the matrons gave her a blow on the cheek, 
and then sent her away from the temple. The ma- 
trons on this occasion took with them the children 
of their sisters, but not their own, held them in their 
arms, and prayed for their welfare. 3 The statue of 
the goddess was then crowned with a garland by 
one of the matrons who had not yet lost a hus- 
band.* The Greek writers and their Roman follow- 
ers, who identify the Mater Matuta with Leucothea 
or Ino, explain the ceremonies of the Matralia by 
means of the mythological stories which relate to 
this Greek goddess. But the real import of the 
worship of the Mater Matuta appears to have been 
to inculcate upon mothers the principle that they 
ought to take care of the children of their sisters as 
much as of their own, and that they should not 
leave them to careless slaves, the contempt for 
whom was symbolically expressed by the infliction 
of a blow on the cheek of the one admitted into the 
temple. 5 

MATRiMO'ftlUM. (Vid. Marriage, Roman.) 

MATRO'NA. (Vid. Marriage, Roman, p. 623.) 

MAUSOLETJM. (Vid. Funus, p. 461.) 

MAZO'NOMUS ({Mifrvo/uog, dim. fia&vofiiov*), 
from fxu^a, a loaf or a cake ; properly a dish for dis- 
tributing bread ; but the term is applied also to any 
large dish used for bringing meat to table. 7 (Vid. 
Ccena, p. 274.) These dishes were made either of 
wood, 8 of bronze, 9 or of gold. 18 

MEDIASTI'NI, the name given to slaves used 
for any common purpose, and are said by the scho- 
liast upon Horace 11 to be those " qui in medio stant 
ad qucevis imperata parati." The name is chiefly 
given to certain slaves belonging to the familia rus- 
tica," but is also applied sometimes to slaves in the 
city. 13 

*MED'ICA (M77&K77), a plant, the Lucerne or 
Purple Medick (Medicago sativa). It has its name 
from Media, according to the ancient authorities, 
because it was brought from that country into 
Greece at the time of the Persian war under Dari- 
us. It passed into England from France and Swit- 
zerland. Some of the English botanists, according 
to Martyn, called it Burgundy trefoil and Medick 
fodder. 1 * 

♦MEDIC A MALA (MvSiku. /urjla), the fruit of the 
Citron-tree, or Citrus Medica, L. Sprengel and 
Stackhouse think that the Orange (Citrus auran 
tium) was also comprehended under the term. ( Vid. 
Citrus.) 15 

MEDICPNA ('larpiKri), the name of that science 
which, as Celsus says, 16 " Sanitatem cegris promittit" 

1. (Dodwell's Tour, vol. i., p. 239.)— 2. (Varro, De Ling.Lat., 
iv., p. 31, Bip.— Ovid, Fast., vi., 475, &c.)— 3. (Plut., CamilL, 
5.— Id., Quaest. Rom., p. 267.)— 4. (Tertull., Monogam , c. 17.) 
— 5. (Compare Hartung, Die Relig. der R5mer, ii., p. 75.) — 6. 
(Athen., v., 30, 34.)— 7. (Varro, De Re Rust., iii., 4.)- 8. (Pol- 
lux, Onom., vii., 87.)— 9. (Athen., iv., 31.)— 10. (Athen., v., 27.) 
—11. (Epist., i., 14, 14.)— 12. (Cic, Cat., ii., 3.— Colum., i., 9. 
—Id., ii., 13.)— 13. (Dig. 4, tit. 9, s. 1, I) 5 ; 7, tit. 7, s. 6 )— 14. 
(Martyn ad Virg., Georg., i., 215.) — 15. (Dioscor., i., 166.— 
Theophrast., i., 13. — Adams, Appen }., s. v.) — 16. (De Media, 
lib. i., P*«fat.) 



MEDICINA. 



MEDICINA. 



ami whose object Hippocrates defines 1 to be " the 
delivering sick persons from their diseases, and the 
diminishing the force of sicknesses, and the not un- 
dertaking the treatment of those who are quite over- 
come by sickness, as we know that medicine is 
here of no avail." For other definitions of the art 
and science of Medicine given by the ancients, see 
Pseudo-Galen. 2 The invention of medicine was 
almost universally attributed by the ancients to the 
gods. 3 Another source of information was the ob- 
serving the means resorted to by animals when la- 
bouring under disease. Pliny* gives many instan- 
ces in which these instinctive efforts taught man- 
kind the properties of various plants, and the more 
simple surgical operations. The wild goats of Crete 
pointed out the use of the Dictamnus and vulnerary 
iierhs ; dogs, when indisposed, sought the Triticum 
repens, and the same animal taught to the Egyp- 
tians the use of purgatives, constituting the treat- 
ment called Syrmaism. The hippopotamus intro- 
duced the practice of bleeding, and it is affirmed 
that the employment of clysters was shown by the 
ibis. 5 Sheep with worms in their liver were seen 
seeking saline substances, and cattle affected with 
dropsy anxiously looked for chalybeate waters. We 
are told' that the Babylonians and Chaldeans had 
no physicians, and in cases of sickness the patient 
was carried out and exposed on the highway, that 
any persons passing by who had been affected in a 
similar manner might give some information re- 
specting the means that had afforded them relief. 
Shortly afterward, these observations of cures were 
suspended in the temples of the gods, and we find 
that in Egypt the walls of their sanctuaries were 
covered with records of this descrption. The 
priests of Greece adopted the same practice, and 
some of the tablets suspended in their temples are 
of a curious character, which will illustrate the cus- 
tom. The following votive memorials are given by 
Hieron. Mercurialis : 7 "Some da)*s back, a certain 
Caius, who was blind, learned from an oracle that 
he should repair to the temple, put up his fervent 
prayers, cross the sanctuary from right to left, place 
his five fingers on the altar, then raise his hand and 
cover his eyes. He obeyed, and instantly his sight 
was restored, amid the acclamations of the multi- 
tude. These signs of the omnipotence of the gods 
were shown in the reign of Antoninus." " A blind 
soldier named Valerius Apes, having consulted the 
oracle, was informed that he should mix the blood 
of a white cock with honey, to make up an oint- 
ment to be applied to his eyes for three consecutive 
days : he received his sight, and returned public 
thanks to the gods." "Julian appeared lost beyond 
all hope from a spitting of blood. The god ordered 
him to take from the altar some seeds of the pine, 
and to mix them with honey, of which mixture he 
was to eat for three days. He was saved, and 
time to thank the gods in presence of the people." 
The whole science of medicine was divided into 
five parts,'' viz. : $vaio2.oyiK7J, Physiology and Anat- 
omy (vid. Physiologia) ; Ai-ioloyiKTj, /Etiology, or 
the doctime of the causes of disease ; Ilado?^oytK^ 
Pathology (vid. Pathoi.ogia) ; 'Yyutvov, Hygiene, or 
the art of preserving health ; 2r}peiuTiKTi, Semiol- 
ogy, or the knowledge of the symptoms of disease, 
including Diagnosis (vid. Semeiotica) ; and Qepa- 
Kev-LKr], Therapeutics, or the art of healing (vid. 
Therapeutica). With regard to the medical liter- 

I. (De Arte, torn, i., p. 7, ed. Kiihn.) — 2. (Introd., seu Medi- 
cus, c. 6, torn. 14, p. 6S6-8, cd. Kiihn.)— 3. (Hippocr., De Prisca 
Medic, torn, i., p. 39. — Pseudo-Galen, Introd., cap. i., p. 674. — 
Cic., Tusc. Disc., hi., 1.— Plin., H. N., xxix., 1.)— 4. (II. N., 
riii., 41.) — 5. (Compare Pseudo-Galen, Introd., c. 1, p. 675.) — 6. 
(Herod., i., 197.— Strabo, xvi., c. 1, ed. Tauchn.— Pseudo-G3len, 
Introd.. 1 c.)— 7. (De Arte Gymnast., Amstel., 4to, 1672, p. 2, 3.) 
• ^i. (r«eudo-Galcn, Introd., c. 7, p. 689. j 



ature of the ancients, " When," says Little, 1 " one 
searches into the history of medicine and th*» com- 
mencement of the science, the first body of doctrine 
that one meets with is the collection of writings 
known under the name of the works of Hippocra- 
tes. The science mounts up directly to that origin, 
and there stops. Not that it had not been cultivated 
earlier, and had not given rise to even numerous 
productions, but everything that had been made be- 
fore the physician of Cos has perished. We have 
only remaining of them scattered and unconnected 
fragments ; the w r orks of Hippocrates have alone 
escaped destruction ; and, by a singular circum- 
stance, there exists a great gap after them as well 
as before them. The medical works from Hippoc- 
rates to the establishment of the school of Alexan- 
dra, and those of that school itself, are completely 
lost, except some quotations and passages pre- 
served ic the later writers ; so that the writings of 
Hippocrates remain alone among the ruins of an- 
cient medical literature." The Asclepiadae, to which 
family Hippocrates belonged, were the supposed de- 
scendants of vEsculapius ('Kcul^ivtog ), and were, in 
a manner, the hereditary physicians of Greece. 
They professed to have among them certain secrets 
of the medical art, which had been handed down to 
them from their great progenitor, and founded sev- 
eral medical schools in different parts of the world. 
Galen mentions 8 three, viz., Rhodes, Cnidos, and 
Cos. The first of these appears soon to have be- 
come extinct, and has left no traces of its existence 
behind. From the second proceeded a collection of 
observations called KviStac Tvuixac, "Cnidian Sen- 
tences," a work of much reputation in early times, 
which is often mentioned by Hippocrates, 3 and 
which appears to have existed in the time of Ga- 
len.* The school of Cos, however, is by far the 
most celebrated, on account of the greater number 
of eminent physicians that sprang from it, and es- 
pecially from having been the birthplace of the great 
Hippocrates. We learn from Herodotus 5 that there 
were also two celebrated medical schools at Croto- 
na in Magna Graecia, and Cyrene in Africa, of which 
he says that the former was in his time more es- 
teemed in Greece than any other, and in the next 
place came that of Cyrene. But neither of these 
require any particular notice here, nor will it be ne- 
cessary to do more than mention the more celebra- 
ted medical sects, referring for farther particulars 
to their names in this work. The oldest, and per- 
haps the most influential of these, was that of the 
Dogmatici, founded about B.C. 400 by Thessalus, 
the son, and Polybus, the son-in-law of Hippoc- 
rates, and thence called also the Hippocratici. These 
retained their influence till the rise of the Empirici, 
founded by Serapion of Alexandrea and Philinus 
of Cos in the third century B.C., after which time 
every member of the medical profession, during a 
long period, ranged himself in one of these two 
sects. In the first century B.C., Themison founded 
the sect of the Methodici, who held doctrines near- 
ly intermediate between those of the two sects al- 
ready mentioned. About two centuries later, the 
Methodici were divided into numerous sects, as the 
doctrines of particular physicians became more gen- 
erally received. The chief of these sects were 
the Pneumatici and Eclectici ; the former founded 
by Athenaeus about the middle or end of the first 
century A.D. ; the latter about the same time, either 
by Agathinus of Sparta or his pupil Archigenes. 
The Epi6ynthetici (called also Hectici) are sup- 
posed to have agreed very nearly in their tenets 
with those of the Eclectici. 



1. (CEuvres Completes d'Hippocrate, torn, i., Introd., ch. 1, p. 
3.)— 2. (De Meth. Med., i., 1, torn, x., p. 5, u.) — 3. (Do Rat 
Vict, in Morb. Acut.)— 4. (Comment, in Hippocr., lib. cit > torn, 
xv., p. 427.)— 5. (iii., 131.) 

fi29 



MEMCU3. 



MEDICUS. 



It only remains tv) mention the principal medical 
authors after Hippocrates whose works are still ex- 
tant, referring for more particulars respecting their 
writings to the articles on Chirurgia, Di^tetica, 
Pathologia, Pharmaceutica, Physiologia, Semei- 
otica, and Therapeutica. Celsus is supposed to 
have lived in the Augustan age, and deserves to be 
mentioned more for the elegance of his style, and 
the neatness and judiciousness of his compilation, 
than for any original contributions to the science of 
Medicine. Indeed, many persons have doubted 
whether Celsus were really a professional man, or 
whether he only wrote his work " De Medicina" as 
a sort of rhetorical exercise. 1 Dioscorides of An- 
azarba, who lived in the first century after Christ, 
was for many centuries the greatest authority in 
Materia Medica, and was almost as much esteemed 
as Galen in Medicine and Physiology, or Aristotle 
in Philosophy. Aretaeus, who probably lived in the 
time of Nero, is an interesting and striking writer, 
both from the beauty of his language and from the 
originality of his opinions. The next in chronolo- 
gical order, and perhaps the most valuable, as he is 
certainly the most voluminous, of all the medical 
writers of antiquity, is Galen, who reigned supreme 
in all matters relating to his art till the commence- 
ment of modern times. He was born at Pergamus 
A.D. 131, came early in life to Rome, where he 
lived in great honour, and passed great part of his 
days, and died A.D. 201. After him, the only wri- 
ters deserving particular notice are Oribasius of 
Pergamus, physician to the Emperor Julian in the 
fourth century after Christ ; Aetius of Amida, who 
lived probably in the sixth century ; Alexander 
Trallianus, who lived something later ; and Paulus 
^gineta, who belongs to the end of the seventh. 

ME'DICUS ('larpoc), the name given by the an- 
cients to every professor of the healing art, wheth- 
er physician or surgeon, and, accordingly, both di- 
visions of the medical profession will here be inclu- 
ded under that term. In Greece and Asia Minor 
physicians seem to have been held in high esteem ; 
for, not to mention the apotheosis of iEsculapius, 
who was considered as the father of it, there was 
a law at Athens that no female or slave should prac- 
tise it. 3 Julian mentions one of the laws of Zaleu- 
cus among the Epizephyrian Locrians, by which it 
was ordered that if any one, during his illness, 
should drink wine contrary to the orders of his phy- 
sician, even if he should recover, he should be put 
to death for his disobedience ; 3 and, according to 
Mead, there are extant several medals struck by the 
people of Smyrna in honour of different persons 
belonging to the medical profession.* The follow- 
ing observation concerning these medals is given by 
Kiihn : 5 " Alii, idque haud dubic rectius, verosimilius 
existimabant nomina in hisce nummis obvia minime 
significare medicos, qui de Smyrnceis sua medica ar- 
tis cognitione bene meruerint, sed potius summos illi- 
us urbis magistrates. Vid. partim CI. Wise, in Mus. 
Bodlei., p. 140, qui Meadianae sententiae acerbus ex- 
Btitit censor, partim Jos. ,Eckhel, in Doctr. Num. 
Veter., to. ii., p. 539, et Jo. Cph. Raschen, in Lex Univ. 
Rei Num. Vet., to. iv., p. 2, Lips., 1790-8, qui p. 
1219, plures scriptores de Smyrnaeorum nummis ad- 
duxit." (In -voce " Apollophanes.") If the decree 
of the Athenians (published among the letters of 
Hippocrates) be genuine, and if Soranus 6 can be de- 
pended on, the same honours were conferred upon 
> — , 

1. {Vid. Mich. Christ. Just. Eschenbach, Epistola, &c, ubi 
" Dc Jelso non Medico Practico disseritur," Lips., 4to, 1772; 
also Le Clerc's and Sprengel's Histories of Medicine.) — 2. (Hy- 
gimis, Fab., 274 )— 3. (Var. Hist., ii., 37.)— 4. (Dissertatio de 
Nummis quibusdam a Smyrnceis in Medicorum honorem percus- 
sis, 4to, Lond., 1724.) — 5. (Additam. ad Elench. Medicor. Ve- 
ter. a Jo. A. Fabricio, in Biblioth. Gneca exlubitum, 4to, Lips., 
1826-9.)— 6. (hi Vita Hippocr.) 
630 



that physician as had before been given to Iiereu 
les ; he was voted a golden crown, publicly initiated 
into the Eleusinian mysteries, and maintained in 
the Prytaneum at the state's expense. 1 

As there were no hospitals among the ancients, 
the chief places of study for medical pupils were 
the 'AcKlnrneta, or temples of JEsculapius, where 
the votive tablets furnished them with a collection 
of cases. The Asclepiadae (vid. Medicina) were 
very strict in examining into and overlooking the 
character and conduct of their pupils, and the fa- 
mous Hippocratic oath (which, if not drawn up by 
Hippocrates himself, is certainly almost as ancient) 
requires to be inserted here, as being the most cu- 
rious medical monument of antiquity. " I swear 
by Apollo the physician, by iEsculapius, by Hygeia, 
and Panaceia, and all the gods and goddesses, call- 
ing them to witness that I will fulfil religiously, ac- 
cording to the best of my power and judgment, the 
solemn promise and the written bond which I now 
do make. I will honour as my parents the master 
who has taught me this art, and endeavour to min- 
ister to all his necessities. I will consider his chil- 
dren as my own brothers, and will teach them my 
profession, should they express a desire to follow it, 
without remuneration or written bond. I will ad- 
mit to my lessons, my discourses, and all my other 
methods of teaching, my own sons, and those of 
my tutor, and those who have been inscribed .as pu- 
pils and have taken the medical oath ; but no ons 
else. I will prescribe such a course of regimen as 
may be best suited to the condition of my patients, 
according to the best of my power and judgment, 
seeking to preserve them from anything that might 
prove injurious. No inducement shall ever lead me 
to administer poison, nor will I ever be the author 
of such advice : neither will I contribute to an 
abortion. I will maintain religiously the purity and 
integrity both of my conduct and of my art. I will 
not cut any one for the stone, but will leave that 
operation to those who cultivate it (e/c^wp^w <te 
kpyuTyoiv avdpdat np^iog rijade). Into whatever 
dwellings I may go, I will enter them with the sole 
view of succouring the sick, abstaining from all in- 
jurious views and corruption, especially from any 
immodest action towards women or men, freemen 
or slaves. If during my attendance, or even un- 
professionally in common life, I happen to hear of 
any circumstances which should not be revealed, I 
will consider them a profound secret, and observe 
on the subject a religious silence. May I, if I rigid- 
ly observe this my oath, and do not break it, enjoy 
good success in life, and in [the practice of] my 
art, and obtain general esteem forever ; should I 
transgress and become a perjurer, may the reverse 
be my lot." As regards the passage of the oath, 
given above in the original Greek (e/c^wp^o-w de, k. t. 
7l.), though the writer has translated it thus, both 
here and also in page 241, he does not feel at all 
sure that the other construction, viz., making npf/f;io<; 
TTjode depend on f/f£<jp?}crw, is not preferable. With 
regard to the oath itself, it is generally considered 
to be spurious ; 2 but M. Littre, the editor of the 
new Paris edition of Hippocrates, believes it to bo 
genuine. For a copious and learned explanation of 
every clause of the oath, see Meibom's edition, Gr. 
and Lat., Lugd. Bat., 4to, 1643. 

Some idea of the income of a physician in those 
times may be formed from the fact mentioned by 
Herodotus, 3 that the ^Eginetans (about the year B.C. 
532) paid Democedes from the public treasury one 
talent per annum for his services, i. e. (if we reckon, 
with Hussey,* the JEginetan drachma to be worth 

1. (Compare Plin., H. N., vii., 37.)— 2. (Vid. J. C. Acker^ 
mann, Hist. Liter. Hippocr., in Fabr. Bibl. Gv., ed. HarlGi, or in 
Kuhn's ed. of Hippocr.) — 3. (iii., 131.) — 4. (Ancient WeiyaWi 
and Money, <tc.) 



MEDICUS. 



MEDITRINAi.iA 



1*. li'i.), no! quite 344/. ; he afterward received 
from the Athenians one hundred minae, ?. e. (reck- 
oning, with Hussey, the Attic drachma to be worth 
9|d.), rather more than 406/. ; and he was finally at- 
tracted to Samos by being offered by Polycrates a 
salary of two talents, •'. e. (if the Attic standard be 
meant) 487/. 10s. It should, however, be added, 
that Valckenaer doubts the accuracy of this state- 
ment of Herodotus with respect to the iEginetans 
and Athenians (and apparently with reason), on the 
ground that the latter people, at the time of their 
gieatest wealth, only allowed their ambassadors 
two drachma? (or 1*. 7±d.) per day, i. e., somewhat 
less than thirty pounds per annum. 1 A physician, 
called by Pliny both Erasistratus 2 and Cleombro- 
tus, 3 is said by him to have received one hundred 
talents for curing King Antiochus, which (if we sup- 
pose the Attic talents of the standard of Alexan- 
der's coinage to be meant, which, according to Hus- 
sey, was worth 243/. 15*.) would amount to 24,375/. 
If, however, the Alexandrean standard, which is 
found in the coins of the Ptolemies, be meant, it 
would amount (reckoning the drachma as Is. 2\d.) 
to 39.375/. ; an almost incredible sum. It seems to 
have been not uncommon among the Greeks in those 
times (as afterward in the later Roman Empire : see 
Archiater) for states to maintain physicians, who 
were paid at the public cost ;* and these, again, 
had attendants, for the most part slaves, who exer- 
cised their calling among people of low condition. 5 
The Romans derived their knowledge of medicine 
at first from the Etrurians and afterward from the 
Greeks. In the most ancient times the haruspices 
practised medicine in connexion with the augurs, 
and, in the opinion of Sprengel, 6 who regarded the 
ancient Roman legends as historical facts, it was 
probably some of these that Amulius sent to Rhea 
Silva, when she was pregnant, to examine the na- 
ture of her mysterious disease. 7 One of the most 
ancient customs at Rome, in order to ward off epi- 
demic diseases, and to appease the anger of the 
gods, w T as the interrogating the books bought by 
Tarquin of the Sibyl. In the earlier times of the 
Roman Republic, physicians are said by Pliny to 
have been unknown, 8 and for some time afterward 
the exercise of the profession was in a great meas- 
ure confined to persons of servile rank ; for the 
richer families, having slaves who were skilled in all 
sorts of trades, &c, generally possessed one or more 
that understood medicine and surgery. 9 To this 
practice, however, there were many exceptions : e. 
g., the physician who was taken prisoner with Juli- 
us Caesar by the pirates at the island of Pharma- 
cusa, 10 and who is called his friend by Plutarch ;" 
Archagathus, who, being the first foreign surgeon 
that settled at Rome, had a shop bought for him at 
the public expense, and was presented with the jus 
Quiritium B.C. 219 ; 12 Artorius, who is known to 
have been a physician, 13 and who is called the friend 
of Augustus ; 14 Asclapo, whom Cicero calls his 
friend ; 14 Asclepiades, the friend of Crassus the ora- 
tor ; 16 Eudemus, who is called by Tacitus 17 the friend 
and physician of Livia ; and others. The hatred 
borne by Cato the censor against the Greek phy- 
sicians, as well as the Greek philosophers at Rome, 

1. (Axistoph., Acharn., 66.)— 2. (H. N., xxix., 3.)— 3. (H. N., 
vii., 37.) — 4. (Xen., Mem., iv., 2, 5.— Plato, Gonr., v 23.— Stra- 
bo, iv.. p. 125. — Diod. Sic, xii., 13.) — 5. (Plato, De Leg-., iv.,p. 
720, ed. Steph.— Bockh, Publ. Econ. of Athens, vol. i., p. 160.) 
—6. (Hist, de la Med.)— 7. (Dionys. Hal., i., 78.)— 8. (H. N., 
xxix., 5.) — 9. (Middleton's Essay, "De Medicorum apud Roma- 
cos degentium conditionc," Cantab., 1726, 4to, and the various 
answers to it that appeared on its publication.) — 10. (Sueton., 
Jul., 4.) — 11. ( Vid. Casanbon's note on Suetonius.) — i2. (Cas- 
eius Hemina ap. Plin., H. N., xxix., 6.)— 13. (Cuel. Aurel., De 
Morb. Acut., iii., 14, p. 224.)— 14. (Plutarch, Brut., c. 41, ed. 
Tauchn., where, however, it should be noticed that some edi- 
tions read 'Avrwvto? instead of 'Aprwpio?.) — 15. (ad Fam., xiii., 
30..)— 16. (Cic, De Orat., i.. 14.)— 17. (Ann., iv., 3.) 



is well known, but it is not true that he causeo 
them to be expelled from Rome. 1 "With respect to 
the income made by eminent physicians in the early 
times of Rome, the writer is not aware of any data 
for ascertaining it ; at the beginning of the Empire, 
we learn from Pliny 3 that Albutius, Arruntius, Cal- 
petanus, Cassius, and Rubrius gained 250,000 ses- 
terces per annum, i. e. (reckoning, with Hussey, the 
mille nummi (sestertium) to be worth, after the reigD 
of Augustus, 71. 16s. 3d.), 1953/. 2s. 6d. ; that Quin- 
tus Stertinius made it a favour that he was content 
to receive from the emperor 500,000 sesterces per 
annum (or 3906/. 5*.), a3 he might have made 
600,000 sesterces (or 4687/. 10s.) by his private 
practice ; and that he and his brother, who received 
the same annual income from the Emperor Claudi 
us, left between them at their death, notwithstand- 
ing large sums that they had spent in beautifying 
the city of Naples, the sum of thirty millions of 
sesterces (or 234,375/.). 

Of the previous medical education necessary to 
qualify a physician at Rome for the legal practice of 
his profession in the early times, we know nothing ; 
afterward, however, this was under the superintend- 
ence of the archiatri. (Vid. Archiater.) 

Two other medical titles that we meet with un- 
der the emperors were latrosophista (see the word) 
and Actuarius, 'AKrovupioc- The latter w T as a title 
at the court of Constantinople, given apparently 
only to physicians, and quite distinct from the use 
of the word found in the earlier Latin authors. 3 
Besides Joannes the son of Zacharias, who is better 
known by his title of Actuarius than by his real 
name, several other physicians are recorded as 
having arrived at this dignity. 

MEDIMNUS (fiedipvoc or [lidifivog anvpor), the 
principal dry measure of the Greeks. It was used 
especially for measuring corn. It had different 
sizes in the different states of Greece. The Attic 
medimnus was equal to six Roman modii. (Nepos, 
Vit. Att., c. 2. — Cic, in Verr., II., iii., 45, 46, where 
Cicero explains 50,000 medimni by 300,000 modii, 
and 36,000 medimni by 216,000 modii.— Suidas, s. 
v. — Rhemn. Fann., v., 64. 

" Hujus dimidium fert urna, ut et ipsa medimni 
Amphora, terque capit modium.") 

Suidas makes the medimnus =108 litrae, con- 
founding it apparently with the metretes. The 
medimnus contained 11 galls. 7*1456 pints English. 
It was divided into the following parts : 

Galls. 

each 



6 EKTOl, 

12 rjpltKTa 

48 x 0iVlKt Q 
96 \iarai 
192 KorvXai 



Tint". 

78576 

7-9288 

1 9822 

•9911 

•4955 



of which the #omf, ^iarvg, and kotvItj and their 
farther subdivisions were common to the dry and 
fluid measures, but the x 0LVl % was of different sizes. 
(Vid. Metretes, Chcenix, Xestes, Cotyla.) 

*MEDION (M.i)5iov), according to Lobelius, a 
species of Violet. This opinion, however, is reject- 
ed by Dodonaeus and Bauhin. According to Adams, 
the prevailing opinion now is, that it was the Cam- 
panula laciniata* 

MEDITRINA'LIA was one of the festivals con- 
nected with the cultivation of vineyards. It took 
place on the eleventh of October, on which day the 
people of Latium began to taste their new wine 
(muslum), and to offer libations of it to the gods. 
In drinking the new wine it was customary to pro- 

1. (Vid. Sprengel, Hist, de la Med.)— 2. (H. N., xxix., 5.)— 1 
(Vid. Du Canpe,dos,s. Grsec, torn, i., p. 46, and Possini, Gloaa. 
ad Pachvmer. Hist. Andronici, torn, i., p. 366, seq., and torn, ii., 
p. 468, 169.)— 4. (Diosnor., iv., 18— Hardouin ad Plin., H. N.. 
xxvii., 79 —Bauhin, Pinax, p 1 13-— Adams, Append., s. v ) 

631 



MELANTERIA. 



MELIMEi^A. 



nounce the words, "vetus novum vinum bibo, veteri 
novo morbo medeor." 1 Varro derives the name of 
the festival from the healing power of the new wine, 
but Festus speaks of a goddess Meditrina. 

MEGALE'SIA, MEGALENSIA, or MEGALEN- 
SES LUDI, a festival with games celebrated at 
Rome in the month of April, and in honour of the 
great mother of the gods (Cybele, fieyakn -&e6c, 
whence the festival derived its name). The statue 
of the goddess was brought to Rome from Pessinus 
fa the year 203 B.C., and the day of its arrival was 
solemnized with a magnificent procession, lectister- 
nia, and games, and great numbers of people carried 
presents to the goddess on the Capitol. 2 The reg- 
ular celebration of the Megalesia, however, did not 
begin till twelve years later (191 B.C.), when the 
temple which had been vowed and ordered to be 
built in 203 B.C., was completed and dedicated by 
ML Junius Brutus. 3 But, from another passage of 
Livy,* it appears the Megalesia had already been 
celebrated in 193 B.C. The festival lasted for six 
days, beginning on the 4th of April. The season of 
this festival, like that of the whole month in which 
it took place, was full of general rejoicings and feast- 
ing. It was customary for the wealthy Romans on 
this occasion to invite one another mutually to their 
repasts, and the extravagant habits and the good liv- 
ing during these festive days were probably carried 
to a very high degree, whence a senatus consultum 
was issued in 161 B.C., prescribing that no one should 
go beyond a certain extent of expenditure. 5 

The games which were held at the Megalesia 
were purely scenic, and not circenses. They were 
at first held on the Palatine in front of the temple 
of the goddess, but afterward also in the theatres. 6 
The first ludi scenici at Rome were, according to 
Valerius Antias, introduced at the Megalesia, i. e., 
either in 193 or 191 B.C. The day which was es- 
pecially set apart for the performance of scenic 
plays was the third of the festival. 7 Slaves were 
not permitted to be present at the games, and the 
magistrates appeared dressed in a purple toga and 
preetexta, whence the proverb purpura Megalensis. 
The games were under the superintendence of the 
curule aediles, 8 and we know that four of the extant 
plays of Terence were performed at the Megalesia. 
Cicero, 9 probably contrasting the games of the Me- 
galesia with the more rude and barbarous games 
and exhibitions of the circus, calls them maxime 
casti, solemnes, religiosi. 10 

*MELAMPYRON (fieXu/Lncvpov), the Melampyrum 
arvense, or Field Cow-wheat, according to Sprengel 
and Stackhouse. 11 

*MELAN'CRANIS {(lelayKpavic), a species of 
Schoznus (axolvog). Sprengel makes it the Schoznus 
nigricans, or Black Bog-rush. 12 

*MELANTON (peteviov), according to Stack- 
house, that variety of the Viola odorata which goes 
by the English name of the " dark blue double vio- 
let." 13 

*MELANTE / RIA (fieXavrnpla), the Inkstone. 
Dioscorides says of it, that " some have taken it to 
be the same with sory (aopv), from which it is dis- 
tinct, though not unlike." Sprengel thinks the [ie- 
'AavTTjpia of Dioscorides different from that of Ga- 
lon. The former he holds to be an arseniate of cop- 
per, the other cannot be so well ascertained. Dr. 
Kidd says, " The Melanteria, or Inkstone of Pliny, 
seems to be a variety of sulphate of iron, that has 



1. (Varro, De Ling. Lat., v., p. 57, Bip. — Festus, s. v. Medi- 
trinalia.)— 2. (Liv., xxix., 14.) — 3. (Liv., xxxvi., 36.) — 4. (xxxiv., 
54.) — 5. (Gellius, ii., 24. — Compare xviii., 2.) — 6. (Cic, De 
Ha-usp. Resp., 11, &c.)— 7. (Ovid, Fast., iv., 377.— JEl. Spart., 
Antoain. Carac, c. 6.)— 8. (Liv., xxxiv., 54.) — 9. (De Harusp. 
Resp., 12.)— 10. {Vid. Ovid, Fast., iv., 179-372. — P. Manutius, 
td Cic. ad Fain., ii., 11.) — 11. (Theophrast., H. P., viii., 4.)— 
19. (Theophrast., II. P., iv., 13. — Adams, Append., s. v.)— 13. 
(Theophrast., II. P., vi., 6, 7.— Adams, Append., s. v.) 
832 



been formed in a matrix containing vegetable ae» 
tringent matter, which, uniting with the metallic 
salt, has produced natural ink." Dr. Hill calls it a 
vitriol, consisting principally of iron with a little 
copper. 1 

*MELANTH10N (/xeMvtitov), according to 
Sprengel, the Nigclla sativa, or Pepper-wort. The 
seed of the fieMvdiov was called Gith. Pliny men- 
tions its various uses in medicine. 2 

*MELANU'RUS (pelavovpog), a species of Fish, 
the Sparus Melanurus, called in Italian ochiata, in 
French oblade. It is the Oblada of Cuvier. It is a 
silvery fish, striped with blackish, and having a 
broad black spot on each side of the tail, from which 
latter circumstance its Greek name (which means 
" black tail") is derived. 3 

*ME'LEA {firjlea). This term, used by itself, 
may, according to Adams, be supposed generally to 
apply to the Pyrus malus, or Crab Apple. The bpi- 
\iaXic of Theocritus, he thinks, may be presumed to 
be the same.* 

*MELE'AGRIS (fieleaypic), the Guinea-hen or 
Pintado, the Numida Meleagris of Linnsus. It was 
a bird well known to the ancients, and not uncom- 
mon, we may suppose, in the time of Pausanias, 
who says it was an offering in the mysteries of 
Isis, of persons in a moderate condition of life. 
The Greeks expressed the screaming of this bird by 
nayK&Ceiv. The description given by Clitus, the 
disciple of Aristotle, as referred to by Athenaeus, 
was properly applied to the Guinea-fowl by Paui- 
mier, contrary to the explanation of Casaubon and 
Scaliger. Varro and Pliny confound the Meleagris 
with the Gallina Africana, but Columella distin- 
guishes them from one another. The difference, 
however, is by no means striking, and indicates 
merely a variety in the species. Care must be ta- 
ken not to confound the Turkey with the Meleagris, 
as the former bird was not known in Europe before 
the discovery of America. 5 

MEL'IA (fzeXia). (Vid. Hasta, p. 488.) • 

*MELIA {(j.eXta), a species of Ash, most probably, 
according to Sibthorp and others, the Fraxinus or- 
nus. The j3ovjLtelta of Theophrastus was the Frax- 
inus excelsior, as Stackhouse and Schneider have 
stated. 6 

*MELIA TERRA (Mnlla yrfi, Melian Earth, so 
called from the island of Melos, where it was ob- 
tained. " The Melian earth of the ancients," says 
Sir John Hill, " was a fine white marl, of a loose, 
crumbling texture, and easily soluble in water and 
other fluids. Some have imagined it to have been 
of other colours ; but that it w*as really white we 
have the unquestionable authority of Pliny. The 
occasion of this error is no more than the confound- 
ing of Mr/Xiog with Mr/luvoc, which last comes from 
lirfkov, " an apple," and has no connexion whatever 
with the former." 7 

*MELILO'TUS (fieTiilcoToc), a species of plant, 
the Melilot, or Melilotus officinalis, according to 
Sprengel. Stackhouse calls it the Trifolium offici- 
nale, which is only another name for the same plant. 8 

♦MELIME'LA (fiElifirjla). Diophanes, a writer 
mentioned in the Gcoponica, makes these to have 
been apples ingrafted upon quinces. They are call- 
ed Mala mustea by Varro. 9 



1. (Dioscor., v., 179.— Paul. Mg'm., vii., 3.— Adams, Append., 
s , v .)_2. (Dioscor., hi., 83.— Plin., H. N., xx., 17.)— 3. (Aris- 
tot., H. A., viii., 2.— .Elian, N. A., i., 41. — Griffith's Cuvier, 
vol. x., p. 168.)— 4. (Theophrast., H. P., i., 3 ; iv., 10. — Dios- 
cor., i., 159. — Theocrit., Id., v., 93.)— 5 (Aristot., H. A., vi., 2 
— Athenaeus, xiv., 20.— Beckmann's Hist, of Inv., vol. ii., p. 230, 
& c .) — 6. (Theophrast., H. P., iii., 3. — Dioscor., i., 108. —Ad- 
ams, Append., s. v.)— 7. (Dioscor., v., 160. — Hill ad Theo- 
phrast., De Lapid., 107.)— 8. (Theophrast., C. P.,vi., 14.— Dio* 
cor., iii., 41.— Nicand., Ther., 897.— Adams, Append., s. v.)— 9 
(Geopon., x., 20.— Dioscor., i., 161.— Diophanes ap. Geopon.-- 
Varro, De R. R., i., 59.— Adams, Append , s. t.) 



MENSA. 



mensa. 



•MELPNE (ae^n), the Panicum milliaceum, or 
Millet.* 

*MELIS, the Badger, or Ursus melcs. Galen has 
been supposed to allude to it, as being an animal 
uera^v nuc upurov nai ovoc. 2 

♦MELISSA QieXioaa or -rra), the Bee. (Vid. 
Apis.) 

*MELISSOPHYLLON (jieZioo-oQvaaov), a plant, 

00 called because the bees are fond of its leaves, as 
Dioscorides informs us. It has stalks and leaves, 
according to the same authority, like black hore- 
hound, only they are bigger and narrower, not so 
r ough, and smelling like citron. This description, 
#Iartyn thinks, agrees very well with the Melissa or 
Baum, a common herb in English gardens. Varro 
informs us that the Latin name for this plant was 
apiastrum; Columella, however, speaks of apiastrum 
and melissophyllon (or meliphyllum) as of two differ- 
ent herbs. 3 

*MELOLONTHE (pnAolovdn), a species of Bee- 
tle, most probably the Scar aba us melolonthe, or Cock- 
chafer.* 

♦MELO'PEPON {jajho*eir(M\ The great diffi- 
culty in determining what the melopepones were, 
arises from the circumstance of the ancient authors 
who treated of the summer fruits frequently inter- 
changing the terms by which they were designated. 
"Even Ludovicus Nonnius," observes Adams, " who 
has bestowed so much pains in illustrating the Res 
Cibaria of the ancients, admits himself much at a loss 
in deciding what the melopepones were, but, upon 
the whole, inclines to think that they were a pecu- 
liar kind of melons. Schneider, in like manner, 
supposes the p^Aoircxw to be referable to the Cu- 
cumis mclo, L. At all events, it is certain that the 
uriAoirt-uv of the Greeks is the ' meld' of Palla- 
lius. The term melopepo is now applied to the 
Squash, a fruit used for food both in the East and in 
Imerica. May not this have been the fin/.orreTTuv of 
!*e Greeks !"* 

♦MEMAI'CYLON (fiefiaUvAov), the fruit of the 
V/ild Strawberry-tree. ( Vid. Arbutus.) 6 

MEMBRA'NA. (Vid. Liber.) 

♦MENANTHUS (fievavdoe). The Bog Bean, an 
aquatic plant. ' ; This," observes Adams, " is clear- 
ly the rf,i^v/,/.or of the Geoponica. From the union 
of these two terms the Bog-bean derives its scien- 
tific nam3, Menyanth.es trefoliata. Some authorities 
erroneously take it for the labixvpov of Dioscorides. 
It may be supposed that it is the p-r/vvavdec of Ni- 
cander, but Syiengel contends that the latter is the 
Psoralea bitumiizoaa, L., on what authority, however, 

1 cannot discover." 7 

MENELA'EIA (peveAaeia), a festival celebrated 
atTherapnae, in Loconia, in honour of Menelaus and 
Helena, who were believed to be buried there. 8 
Menelaus was to the Lacedaemonians what Nestor 
was to the Messenians, a model of a wise and just 
king, and hence they raised him to the rank of one 
of the great gods, 9 and honoured him and Helena 
with annual and solemn sacrifices at Therapnsb, 
which continued to be offered in the days of Isocra 
tes. 10 These solemnities are sometimes called 'E/.e- , 
via. 11 

MENSA (Tpdnefa), a Table. The fiimplest kind 
f)L table was one with three legs, round, called cilli- 



1. (Theophrast., C. P., ii., 12.)- -2. (Adams, Append., s. v.)— 
J. (Theophrast., H. P., vi., 1. — Dioscor., iii., 108. — Nicand., 
rh«:r., 554.— Phn., H. N., xxi., 20 — Martyn ad Virg., Georg., 
a , 64. — Adams, Append., s. v.) — 4. (Aristot., H. A., v., 4. — Ad- 
ims, Append, s. v.) — 5. (P. JEgin., i., 60.— Bauhin, Pinax, 619. 
— Adams, Append, s. v.) — 6. (Theophrast., H. P., iii., 15.) — 7. 
(Theophrast!, H. P., iv., 11.— Geopon., ii., 4. — Nicand., Ther., 
520, 528. — Sprengel ad Dioscor., iii.. 13. — Adams, Appeal., s. 
r.)— 8. (Pars., iii., 19, 6 9.) —9. (Isocr., Panath., p. 24" B.)- 
10. (Helen Encom., r SIS, D.) —11. (Vid. Crer-nr S -nbo] 
iii., p. 38 ) 

4 L 



ba, 1 and in Greek Tpiirovc.- ft is shown m this 
drinking-scene painted on the wall of a wine-shop 
at Pompeii. 3 (See woodcut ) The term rpdirefr, 
thougti commonly used in Greek for a table of any 




kind, must have denoted one which indicated a 
higher degree of luxury and refinement, since it 
meant, according to its etymology, a four-legged ta- 
ble. (See woodcut, p. 188.) Horace used at Rome 
a dining-table of white marble, thus combining neat- 
ness with economy.* For the houses of the opu- 
lent, tables were made of the most valuable and 
beautiful kinds of wood, especially of maple (a6ev- 
dapviv?]* acerna 6 ), or of the citrus of Africa, which 
was a species of cypress or juniper (Citrea 1 ). For 
this purpose the Romans made use of the roots and 
tubers of the tree, which, when cut, displayed the 
greatest variety of spots, beautiful waves, and curl- 
ing veins. The finest specimens of tables so adorn- 
ed were sold for many thousand pounds. 8 Besides 
the beauty of the boards (iraQfipaTa), the legs of 
these tables were often very tasteful, being carved 
in imitation of lion's or tiger's feet, and made of 
ivory. 9 

One of the principal improvements was the inven- 
tion of the monopodium, a round table supported b) 
a single foot ; this, with other elegant kinds c5f far- 
niture, w r as introduced into Rome from Asi? Hinor 
by Cn. Manlius. 10 Under the Roman empero s sem- 
icircular tables were introduced, called mensa luna- 
t<z, from comparing them to the half-moon, and sig- 
mata, because they had the form of that letter, Q 11 
This lunate table was surrounded by a sofa of the 
same form, called stibadium, which was adapted to 
hold seven or eight persons. 13 

As the table was not very large, it was usual to 
place the dishes and the various kinds of meat upon 
it, and then to bring it, thus furnished, to the place 
where the guests were reclining. 13 On many occa- 
sions, indeed, each guest either had a small table to 
himself, or the company was divided into parties of 
two or three, with a separate table for each party, 
as is distinctly represented in the woodcut at page 
326. Xenophon describes a great entertainment 
given by Seuthes, king of the Thracians, at which 
the guests formed a large circle, a small three-leg- 
ged table being placed before each person. 14 Al- 
though it is certain that dishes were in many cases 
brought to be laid before the guests upon the table, 
yet the common practice of bringing to them the 
ooard, already supplied, gave origin to such phrases 
as mensam apponere or opponere, li and mensam au- 
).:rre or removere. 16 As the board of the table is 



1. (Festus, s. v. — Varro, De Ling-. Lat., v., 25, p. 123, ed. 
Spei.gel.— Hor., Sat., 1., iii., 13. — Ovid, Met., viii., 662.)— 2. 
(Xen., Anab., vii., 3, t) 10. — Athen., iv., 21, 35; v., 28.) — 3. 
(Gell's Pompeiana, 1832, vol. ii., r>. 11.) — 4. (Sat., I, vi., 116.) 
—5. (Athen., ii., 32.)— 6. (Hor., Sat., II., viii., 10.— Mart., xiv.. 
90.)— 7. (Cic, Verr., II., iv., 17. — Mart., ii., 43.— Id., xiv., 89 
— Plin., H. N.. xiii., 29.) — 8. (Plin., II. N., xiii., 29. — Id. il>., 
xvi., 26, 84. — Tertull., De Pallio, sub fin. — Aikin, on Ornament- 
al Woods, p. 23, 24.)— 9. (Athen., 1. c— Mart., ii., 43, 49.)— 10. 
(Plin., H. N., xxx!v., 8.) — 11. (Lamprid., He]., 25, 29.) — IS. 
(Mart., x., 48. — Id., xiv., 87.) — 13. (Athen., ii., 55 — Id., iv., 
28.)— 14. (Anab., vii., 3, $ 21.)— 15. (Plaut., Asm., V., i., S.— 
Most., I., iii., 150.— Cic, Att., xiv., 21.— Ovid. Met., viii., 570.) 
—16. (Plaut., Amphit., II., ii., 175 -Virg., ^n., i., 216.) 

633 



MENSIS. 



MENSIS. 



called by a distinct name, emdqfia, 1 it appears that 
it was very frequently made separate from the tri- 
pod o* other stand (KiTJiiSac) on which it was fixed. 

Among the Greeks the tables were not covered 
with cloths at meals, but were cleansed by the use 
of wet sponges 2 or of fragrant herbs. 3 

Under the influence of the ideas of hospitality, 
which have prevailed universally in the primitive 
stales of society, the table was considered sacred. 4 
Small statues of the gods were placed upon it. 5 On 
this account Hercules was worshipped under the 
title Tpane&oc and e7rirpa7r££coc. The Cretans ate 
in public ; and in the upper part of their dvdpetov, 
or public dining-room, there was a constant table 
set apart for strangers, and another sacred to Jupi- 
ter, called rpdne^a t-evia, or Atog geviov. 6 

The two principal courses of a delrrvov and ccena, 
or a Greek and Roman dinner, w T ere called respect- 
ively TrpcJTT} rpdrreCa, devrepa rpdize^a, and mensa 
prima, mensa secunda. (Vid. Ccena, Deipnon.) 

A stone tablet, supported by four other stones, 
was sometimes used, as it is in modern times, to 
cover a grave. 7 (Vid. Funus, p. 457.) 

MENSA'RII, MENSULA'RII, or NUMULA'RII, 
were a kind of public bankers at Rome who were 
appointed by the state ; they were distinct from the 
argentarii, who were common bankers, and did bu- 
siness on their own account. 8 The mensarii had 
their banks (mensa), like ordinary bankers, in the 
Forum, and in the name of the aerarium they offer- 
ed ready money to debtors who could give security 
to the state for it. Such an expediency was devi- 
sed by the state only in times of great distress. 
The first time that mensarii (quinqueviri mensarii) 
were appointed was in 352 B.C. , at the time when the 
plebeians were so deeply involved in debt that they 
were obliged to borrow money from new creditors 
in order to pay the old ones, and thus ruined them- 
selves completely. 9 (Compare Interest of Mon- 
ey, and Argentarii.) On this occasion they were 
also authorized to ordain that cattle or land should 
be received as payment at a fair valuation. Such 
bankers were appointed at Rome at various times, 
and whenever debts weighed heavily upon the peo- 
ple, but, with the exception of the first time, they ap- 
pear, during the time of the Republic, to have always 
been triumviri mensarii. 10 One class of mensarii, 
however (perhaps an inferior order), the mensularii 
or numularii, seem to have been permanently em- 
ployed by the state, and these must be meant when 
we read, that not only the aerarium, but also private 
individuals, deposited in their hands sums of money 
which they had to dispose of. 11 As Rome must have 
often been visited by great numbers of strangers, 
these public bankers had also, for a certain per cent- 
age, to exchange foreign money and give Roman 
coinage instead, and also to examine all kinds of 
coins, whether they were of the proper metal, and 
genuine or not. 12 During the time of the Empire, 
such permanent mensarii were appointed under the 
control of the praefectus urbi, and formed a distinct 
corporation. 13 

Bankers appointed by the state also existed in 
other ancient towns, and Cicero 14 mentions mensarii 
at Temnos, in Asia Minor, who were appointed by 
the people. 

MENSIS (prjv), a Month. The division of the 
3 ear into twelve lunar months must have been 
known to the Greeks from very early times, for in the 

1. (Athen., 1. c. — Pollux, Onom., x., 81.) — 2. (Horn., Od., i., 
1H.— Id. ib., xx., 151.— Mart., xiv., 144.)— 3. (Ovid, Met., viii., 
665.) — 4. (Juv., ii., 110.) — 5. (Arnob. contra Gentes, lib. ii.) — 
6. (Athen., iv., 22.— Hock'i Kreta, iii., p. 120-128.)— 7. (Becker, 
Charikles, ii., p. 191, 193.)— 8. (Dig. 2, tit. 13, s. 6.)— 9. (Liv., 
vr.,21.)— 10. (Liv.,xxiii.,21.— Id.,xxvi.,36.)— 11. (Tacit., Ann., 
vi >( i7._Di?. 16, tit. 3, s. 7 ; 42, tit. 5, s. 24.)— 12. (Dig. 46, tit. 
3, s. 39.)— 13. (Dig. 1, tit. 12, s. 1— Cod. Theod., 16, tit. 4,s. 5.) 
—14 (Pro Flacco. 19.) 
634 



Homeric poems the lunar months appear quite fa 
miliar to chewi. T\e day of the new moon, or th« 
first day of every month (vovfivvla), was sacretf tc 
Apollo. 1 The month itself, however, does not seem 
to have been subdivided into any other periods than 
those of the increase and decrease of the moon (rod 
fiev (bdlvovrog jinvbe, rov 6' larafzevoLo z ). In the time 
of Hesiod 3 the lunar month was reckoned as con- 
taining 30 days, although it must have been known 
to have contained in reality less than 30 days. ( Vid. 
Calendar, p. 190.) The discrepancy between the 
lunar and solar year rendered it necessary every 
other year to intercalate a thirteenth month (firjv 
tli667iLfj.oc), which, however, is not mentioned eithei 
in Homer or Hesiod, and the time of its introduc- 
tion is unknown. 4 This necessarily produced con 
fusion in the number of days of a year, to avoid 
which Solon established the rule that at Athens 
months of 30 and 29 days should alternate with 
each other, 5 and called the thirtieth day (rpiaicds) 
of a month Iv-q nai via, as such a day partly be- 
longed to the month which was ending, and partly 
to the new month. 6 Thus arose a regular lu- 
nar year of 354 days, and, in order to make this 
agree with the solar year, a month was intercalated 
every third year (TpteTiipic; 1 ). Respecting the names 
of the Attic months and their division into decads, 
see Calendar 8 and Clinton. 9 The Hecatombafion, 
or first month of the Attic year, coincides very 
nearly with our July, and Scirrophorion, or the last, 
with our June. 10 While in Attica the 12 lunar 
months were established for religious purposes, the 
various kinds of business of ordinary life were here, 
as in other parts of Greece, regulated according to 
various other phenomena, such as the rising and 
setting of certain stars, 11 the arrival and departure 
of the birds of passage, 12 and the like. 

The months of the other Greek states differed 
from those of the Athenians not only in their names, 
but also in the time of their commencement, 13 and 
it was only in very few instances that the beginning 
of the months in another Greek state perfectly co- 
incided with the Attic months. This is the more 
surprising as they were all lunar months, and should, 
consequently, have all commenced on the first day 
of a new moon ; but this difference arose from the 
different modes of intercalation to make the lunar 
year agree with the solar one, so that the difference 
was not very great. In all parts of Greece, how- 
ever, the division of a month into decads, and the 
mode of stating the day of a month, were the same 
as those customary in Attica. 

Among the Spartan months we only know the 
names of five, viz., Gerastius, Artemisius, Phlya- 
sius, Hecatombeus, and Carneus. The last of these 
answered to the Attic Metageitnion, 14 and the Arte- 
misius to the Attic Elaphebolion. 15 The others are 
uncertain. That the Spartan months in their com- 
mencement differed by two davs from the Attic 
ones, is clear from Thucydides. 1 * 

The chronology of the Boeotians seems to have 
been very irregular in early times, and the time of 
the commencement of their months differed from 
that of the Attic months ;- T but in 371 B.C. their 
months appear to have perfectly coincided with 
those of Attica. 18 The first month of the Bceotian 
year was called Bucatius, and coincided with the 



1. (Od.. xx., 156, with the schol. — Id. ib., xxi., 258. — Compare 
x., 14 ; xii., 325.— Hesiod., Op. et D., 770.)— 2. (Od., sriy., 1G2.) 
—3. (1. c.)— 4. (Ideler, Handb. der Chronol., i., p. 263, &c.)— 5. 
(Geminus, c. 6.;— 6. (Pint., Sol., 25.— Diog. Laert., i., 2, 9, and 
11.) — 7. (Censorin., c. 18.)— 8. (1. c.)— 9. (Fast. Hell., i., Ap- 
pend., xix.)— 10. (Ideler, I.e., p. 286.)— 11. (iEsch., Proir.., 453.) 
—12. (Aristoph., Av.,710.— Hesiod, Op. etD.,448 )— 13. (Aris- 
tox., Harmon. Elem., ii., p. 30, ed. Meurs.— Plut., Aristid., 19, 
sub fin.)— 4. (Plut., Nic, 28.)— 15. (Thucyd., v., 19.)— 16. (iv., 
118,119; c, 19.)- 7. (Plut., Aristid., 19.)— 18. (riut., Camil., 
19.) 






MENSORES. 



METflODICI. 



Atti: Gamelion. 1 Besides this first month, the 
names of six others are known, viz., Hermans 
(Attic Anthesterion), Prostaterius (Attic Elaphebo- 
lion), Hippodromius (Attic Hecatombaeon 2 ), Pane- 
mus (Attic Metageitnion 2 ), Alalcomenius (Attic 
Maimacterion), and Damatrius (Attic Pyanepsion). 

Among the months of the Eleans only the name 
of one is known with certainty, viz., the Elaphius, 
which is described as the month in which the ver- 
nal equinox took place. But there are two other 
names, Parthenius and Apollonius, which are like- 
wise believed to be the names of Elean months.* 

The first of the Delphian months seems to have 
been the Bysius, which coincided with the Attic 
Munychion. It fell at the time of the vernal equi- 
nox, and in it the Pythian games were celebrated. 
Besides this, the names of eight others are known, 
viz., Theoxenius, Ilaeus, Domus, Synelius, Thelu- 
tius, Bucatius, Heraclius (Attic Thargelion), and 
Dionysius. 5 

Of the months of the Corcyraeans only three are 
known, viz., Machaneus, Artemitius, and Eucleius, 
which was the twelfth. 

The Cretan months are Imalius, Artamitius, Ther- 
molaeus, Dromaeus, &c. 

The Sicilian months were Carneius (Att. Meta- 
geitnion), Panemos, &c. 6 

The Cyprian months are all known, but most of 
their names seem to belong to the time of the Ro- 
man Empire. They are, ^Enicus, Junius (ancient- 
ly Adonis), Caesareus, Sebastus, Autocratoricus, 
Demarchexasius, Plethypatus, Archiereus, Hesthi- 
us, and Romaeus. 

The Macedonians, like the Greeks, divided their 
year into 12 lunar months, and their names and or- 
der of succession may be gathered from Josephus 
and Suidas. Their year began in the autumn, and 
their first month fell partly in our October and part- 
ly in our November. The names and the order of 
their months were as follow : Dius, Apellaeus, Au- 
dynaeus, Peritius, Dystrus, Xanthicus, Artemisius, 
Dagsius, Panemus, Lous, Gorpiaeus, and Hyperbere- 
taeus. The Macedonian months, after the time of 
Alexander, were adopted by the Syro-Macedonian 
cities, and by the Greek cities of Asia generally, 
and were retained until the reformation of the Ro- 
man calendar by J. Caesar, after which time all the 
Greeks, both in Europe and in Asia, gradually be- 
gan to adopt the new Roman calendar, though the 
ancient names of their months, as well as the an- 
cient time of the commencement of their year, re- 
mained in most cases as they had been before. 7 
For an account of the Roman months, see Calen- 
dar, Roman. 

MENSO'RES, Measurers or Surveyors. This 
name was applied to various classes of persons 
whose occupation was the measurement of things. 

1. It was applied to land-surveyors, who meas- 
ured and defined the extent of fields, and appear to 
have been the same as the agrimensores. 8 (Com- 
pare Agrimensores.) 

2. To persons who measured in the Roman 
camps the space to be occupied by the tents. They 
must be distinguished from the metatores, who se- 
lected the place for a camp. 9 

3. To a class of officers during the time of the 
Empire who provided quarters for the soldiers in 
the towns through which they passed and where 
they made a temporary stay. They not only as- 
signed to each soldier the house in which he was to 
be quartered, but also wrote the name of the occu- 



1. (Pint., Pelop., 25.)— 2. (Plut., Camill., 19.)— 3. (Plut., 1. 
c.) — 4. (Ideler, Handb., i., p. 366.)— 5. (Corsini, Fast. Att., ii., 

6 437.)— 6. (Vid. Corsini, 1. c.)— 7. (Compare Clinton, Fast, 
ell., ii., Append., iv.)- 8. (Colum.,v., 1.)— 9. (Veget., De Re 
MjI . ii., 7.) 



pant upon the doorpost, and he who effaced ct .1©- 
stroyed this name was punished as a falsi reus. 1 

4. Mensor aedificiorum is sometimes applied to 
architects, or more especially to such architects as 
conducted the erection of public buildings, the plans 
of which had been drawn up by other architects. 2 

5. Mensores frumentarii was the name of offi- 
cers who had to measure the corn which was con- 
veyed up the Tiber for the public granaries. 3 They 
were stationed in the port near Ostia, and were em- 
ployed under the praefectus annonae. Their name 
is mentioned in various ancient inscriptions. 

ME'NUSIS (fiTJwffis). (Vid. Ecclesia.) 
MERCEDON'IOS or MERCIDPNOS. (Vid. 
Calendar, Roman, p. 194.) 
MERENDA. ( Vid. Ccena, p. 275.) 
MERIDIA'NI. (Vid. Gladiatores, p. 476.) 
*MEROPS (pepoip), a species of Bird, the Mcropg 
apiastcr, or Bee-eater. " It is rarely met with in 
England," says Adams, " but is common in the 
south of Europe, and hence its frequent mention in 
the classics."* 

*MESP'ILE (fieanilri) or MESPTLUS (jiiamTuoq) 
the Medlar-tree, or Mcspilus tanaceti folia, Smith. 
" The two species of Medlar described by Dioscori- 
des, and subsequent writers on the Materia Medica, 
are referred by Sprengel to the Mespilus azarohis, 
Smith (Azarola, or Neapolitan Medlar), and the M. 
Germanica (common Medlar)." 5 
MET^E. (Vid. Circus, p. 253.) 
METAGEITNIA, a festival celebrated by the 
Attic demos Melite, in honour of Apollo Metageit- 
nion. The chief solemnities consisted in offering 
sacrifices, and the festival was believed to com- 
memorate the emigration (yetTviacig npbg hipovg) 
of the inhabitants of Melite to Diomis. 6 

METHO'DICI (MedodiKoi), an ancient medical 
sect, whose history begins with Themison, a pupil 
of Asclepiades, in the first century B.C. 7 He dif- 
fered from his master in many respects, condemned 
his errors, 8 contributed much to rectify his princi- 
ples, and introduced a greater precision into his 
system. 9 He was the first who chose the middle 
way between the tenets of the Dogmatici and Era- 
pirici, the traces of which he believed he discovered 
in the theory of his master. Their doctrines are 
thus summed up by Celsus : 10 " They assert that the 
knowledge of no cause whatever bears the least 
relation to the method of cure ; and that it is suffi- 
cient to observe some general symptoms of distem- 
pers ; and that there are three kinds of diseases, 
one bound, another loose (the word in the original 
is fluens, that is, a disorder attended with some dis- 
charge), and the third a mixture of these. For that 
sometimes the excretions of sick people are too 
small, sometimes too large ; and sometimes one 
particular excretion is deficient, while another is 
excessive. That these kinds of distempers are 
sometimes acute and sometimes chronic, some- 
times increasing, sometimes at a stand (where our 
author means the ukjitj of a disease, after which it 
increases no more), and sometimes abating. As 
soon, then, as it is known to which of these classes 
a distemper belongs, if the body be bound, it must 
be opened ; if it labours under a flux, it must be 
restrained ; if the distemper be complicated, then 
the most urgent malady must be first opposed. And 
that one kind of treatment is required in acute, an- 

1. (Cod. Thcod., 7, tit. 8, s. 4.)— 2. (Plin., Epist., x., 28, 29.) 
—3. (Dig. 27, tit. 1, s. 26.— Cod. Theod., 14, tit. 9, s. 9, and tit. 
15, s. 1.)— 4. (Aristot., H. A., v.., 1.— JElian, N. A., i., 49.— 
Adams, Append., s. v.) — 5. (Theophrast., H. P. — Dioscor., i., 
169.— Adams, Append., s. v.)— 6. (Plut., De Exil., p. 601, P..— 
Compare Suidas and Harpocration, s. v. McTayctTvtow.) — 7 
(Plin., H. N., xxix., 5.)— 8. (Can. Aurel., Chron., i., 1, p. 287, 
c. 4, p. 323, ed. Amman.)— 9. (Galen, Introd., c. 1, ton. xiv., >» 
683, 664, ed. Kiihn.)— 10 'De Medic, lib. i., Pncfnt.) 

635 



METOIKOI. 



METOIKOI. 



other in inveterate distempers ; another when dis- 
eases are increasing, another when at a stand, 
and another when inclining to health. That the 
observation of these things constitutes the art of 
medicine, which they define as a certain way of 
proceeding, which the Greeks call method (MidoSoc), 
and affirm it to be employed in considering those 
things that are common to the same distempers : 
nor are they willing to have themselves classed 
either with the rationalists (i. e., the Dogmatici) or 
with those whc) regard only experiments (i. e., the 
Empirici) ; for they dissent from the first sect in 
that they will not allow medicine to consist in form- 
ing conjectures about the occult things ; and also 
from the other in this, that they hold the observa- 
tion of experiments to be a very small part of the 
art." — (Futvoye's translation.) 

As the seeking after the causes of diseases seemed 
to him to rest on too uncertain a foundation, for 
this reason he wished to establish his system upon 
the analogies and indications common to many dis- 
eases (kolvoti]c), without reflecting that these anal- 
ogies are often as occult, and even oftener, than all 
the causes of the Dogmatici. However, this idea 
of the common analogies of the morbid state had 
the great advantage of contributing afterward to the 
perfection of the science of Semeiology. If, says 
Sprengel, 1 Themison had chosen for his basis anal- 
ogies that were easy to be recognised, or really 
morbid states, instead of simple maladies of the 
solid parts, of which he only admitted a very small 
number, the system of the Methodici would have 
been the best of all ; but, deceived by the Corpus- 
cular Philosophy of his master Asclepiades, he would 
not admit any other common symptoms than those 
given by the Strictum and the Laxum, the being 
confined or relaxed, and the intermediate state. 
Thus he was compelled to contradict himself, and 
commit the more errors the more he tried to escape 
by the fiedodog the tenets both of the Empirici and 
Dogmatici. Themison appears to have written sev- 
eral works, which are now lost, but of which the 
titles are preserved by Caslius Aurelianus. 8 His 
followers were very numerous, but the following 
only deserve notice here : Soranus, the author of 
several works, of which two only are still extant, 
Uepl HrjfieiuvKarayfiaTcjv, "DeSignisFracturarum," 
and Uepl Mr/rpac nal Tvvaciceiov Aldoiov, " De Utero 
et Pudendo Muliebri ;" Caelius Aurelianus, the prin- 
cipal writer of this sect, whose work " De Morbis 
Acutis et Chronicis" is one of the most valuable 
of antiquity ; Moschion, author of the work Uepl 
7 ibv Twauceiuv TLaduv, " De Mulierum Passionibus ;" 
Thessalus of Tralles, of whom nothing remains, but 
who was, in a manner, the second founder of the 
sect, and who (if we may trust Galen, who always 
mentions him with the greatest contempt) conferred 
no honour on the medical professsion either by his 
talents or his character. 

METOIKOI (Mstoikol) is the name by which, at 
Athens and in other Greek states, the resident 
aliens were designated, and these must be distin- 
guished from such strangers as made only a tran- 
sitory stay in a place, for Harpocration 3 expressly 
mentions as a characteristic of a /uStoikoc that he 
resided permanently in the place. No city of Greece, 
perhaps, had such a number of resident aliens as 
Athens, as none afforded to strangers greater ad- 
vantages and conveniences, or a more agreeable 
mode of living. In the census instituted by Deme- 
trius Phalereus (309 B.C.), the number of resident 
aliens at Athens was 10,000, in which number 
women and children were probably not included. 4 
These aliens were persons from all parts of Greece, 

1. (Hist, de la Med.)— 2. (De Morb. Chron., i., 1, p. 285; i., 
4 p. 323 ; ii., 7, p. 387, &c.)— 3. (s. v.)— 4. (Athen., vi., p. 272.) 
636 



as well as from barbarous countries, such as Lydi- 
ans, Phrygians, and Syrians, or Attic freedmen (vid. 
Libertus, Greek), and these people had chosen 
Athens as their adoptive country, eith*>» on account 
of its resources for amusement and instruction, or 
on account of the facilities it afforded for carrying 
on mercantile business. The latter class of persona 
seems to have been by far the most numerous. The 
jealousy with which the citizens of the ancient 
Greek republics kept their body clear of intruders, 
is also manifest in their regulations concerning 
aliens. However long they might have resided in 
Athens, they were always regarded as strangers, 
whence they are sometimes called t-evoi ; and to re- 
mind them of their position, they had on some oc- 
casions to perform certain degrading services to the 
Athenian citizens. The services (vid. Hydriapho- 
ria) were, however, in all probability, not intended 
to hurt the feelings of the aliens, but were simply 
acts symbolical of their relation to the citizens. 

Aliens were not allowed to acquire landed prop- 
erty in the state they had chosen for their residence, 
and were, consequently, obliged to live in hired 
houses or apartments, 1 and hence the letting of 
houses was a subject of much speculation and profit 
at Athens. As the aliens did not constitute a part 
of the state, and were yet in constant intercourse 
and commerce with its members, every alien was 
obliged to select a citizen for his patron (lipoaraT^c), 
who was not only the mediator between them and 
the state, through whom alone they could transact 
any legal business, whether private or public, but 
was, at the same time, answerable (eyyvrjrrig) to the 
state for the conduct of his client. 2 On the other 
hand, however, the state allowed the aliens to carry 
on all kinds of industry and commerce under the 
protection of the law ; in fact, at Athens, nearly aU 
business was in the hands of aliens, who on this 
account lived for the most part in the Piraeeus. 3 

Each family of aliens, whether they availed them- 
selves of the privilege of carrying on any mercantile 
business or not, had to pay an annual tax (fieroiiuov 
or gevtitd) of twelve drachmae, or, if the head of the 
family was a widow, of only six drachmas. 4 If 
aliens did not pay this tax, or if they assumed the 
right of citizens, and probably, also, in case they re- 
fused to select a patron, they not only forfeited the 
protection of the state, but were sold as slaves. 
(Vid. AIIP02TA2IOr TPA*H.) In some cases, 
however, though they are of rare occurrence, aliens, 
without having the isopolity, might become exempt 
from the (jletolklov (ariXeia juetoiklov) as well as 
from other obligations. 5 Extraordinary taxes and 
liturgies (dotyopai and leiTovpyiai) devolved upon 
aliens no less than upon citizens, 6 though there 
must have been a difference between the liturgies 
performed by citizens and those performed by aliens. 
In what this difference consisted is nowhere ex- 
pressly mentioned, but we have reason to believe 
that, with the exception of the trierarchy and gym- 
nasiarchy, all other liturgies might devolve upon 
aliens, though perhaps only on certain occasions, as 
the choregia at the festival of the Lenaaa. 7 The 
extraordinary taxes (dotyopai) which aliens had to 
pay, seem also, in some degree, to have differed from 
those paid by citizens ; and it is clear from Demos- 
thenes 8 that they were taxed higher than citizens 
of the same census. The aliens were also obliged, 
like citizens, to serve in the regular armies and in 

1. (Demosth., Pro Phorm., p. 946. — Xen., De Vectig., ii., 2 
— Aristot., CEcon., ii., 2, 3. — Compare Bockii's Publ. Econ., i., 
t) 24.)— 2. (Etymol. M., s. v. 'A-rtpoaraaiov.)— 3. (Xen., De Vec- 
tig., c. 2.—Id., De Rep. Ath., i., 12.)— 4. (Bcickh, Publ. Econ., 
iii., t) 7. — Isaeus ap. Harpocrat., s. v. NetoIkiov.) — 5. (Demosth., 
c. Aristocrat., p. 691. — Plut., Vit. dec. Orat., p. 842. — Demosth., 
c. Aristog., p. 787. — Suidas, s. v. MktoIkiov.) — 6. (Demosth., c. 
Androt., p. 612.) — 7. (Schol. ad Ai'istoph., Pint., 954. — Compart 
Bockh, Publ. Econ , iv , t) 10.)— 8. (c. Androt., p. 609 and 6134 



MILAX. 



MIMUS. 



Galls- 


Pints. 


5 


7577 




59471 




1-4867 




•9911 




•4955 



the fleet, both abroad and at home, for the defence 
of the city. 1 Respecting those fieroinoi who had 
ohtained the iaoTiXeia, see Civitas, p. 259. The 
heirs of a fierotKog who died in Attica were under 
the jurisdiction of the polemarch. 2 

The preceding account of the condition of the 
aliens at Athens will apply, with very few modifica- 
tions, to most other parts of Greece. 3 

METRE'TES (fierpTjTrjg), the principal Greek 
liquid measure. The Attic metretes was equal in 
capacity to the amphora, containing 8 galls. 7*365 
pints English. (Vid. Amphora.) It was divided into 

l£ Kepdfica, each - 

12 ,?c% " ... 

48 x 0LVLKe S " ... 
72 &arai " . . 

144 noTvTiai " ... 

(Vid. Chous, Chcenix, Xestes, Cotyla.) The 
smaller liquid measures were of very variable sizes ; 
their names were fivarpov (vid. Mystrum), btjvOa- 
<pov (vid. Qxybaphum), Kvadog (vid. Cyathus), Koyxv 
(vid. Concha), x vu V (vid. Cheme), nox^iapiov (vid. 
Cochleae). 

In other places the metretes had a different size. 
Galen 4 says that the Syrian metretes contained 120 
%ectcu. The Macedonian metretes is inferred to 
have been much smaller than the Attic, from the 
circumstance mentioned by Aristotle 5 of an ele- 
phant's drinking 14 of them at once. 

METRO'NOMI (fierpovofiot) were officers at 
Athens belonging to that class which we might 
term police-officers. They were, like all officers of 
this kind, appointed by lot. Their number is stated 
differently : some say that there were fifteen (ten 
for the Piraeeus and five for the city) ; some say 
twenty- four (fifteen for the Piraeeus and nine for 
the city) ; and others state that there were only 
ten, five for the Piraeeus and five for the city. 6 
Bockh 7 would alter all these passages of the gram- 
marians so as to make them say that the whole 
number of metronomi was fifteen, and that ten were 
for thi city and five for the Piraeeus, because the 
sitopln laces were distributed in the same manner. 
But there does not appear sufficient ground for 
such a bold alteration, and it seems, at any rate, 
probable that the number of these officers, as the 
grammarians state, was necessarily greater in the 
port-town than in the city, for there must have been 
more business for them in the Piraeeus than at 
Athens, which was not the case with the sitophy- 
laces. The duties of the metronomi were to watch 
that the weights* and measures used by tradesmen 
and merchants should have the size and weight 
prescribed by the laws, and either to punish offend- 
ers or to receive complaints against them, for the 
real nature of the jurisdiction of the metronomi is 
not known. 8 

METRO'POLIS. (Vid. Colonia, p. 284.) 

*MEUM (fifjov), a plant, the Meum Athamanticum, 
or Ligusticum Meum, Hooker ; in English, Spignel, 
Meu, or Bald-money. Moses Charras says of it, 
' Meum or Spignel is called Athamantic from the 
mountain Atharnas in Thessaly, where it grows 
plentifully. The leaves are small, and like those 
of anise." 9 

*MILAX (fii?.a^), a plant, the Bindweed, of which 
several kinds are mentioned by the ancient writers. 

1. (Xen., De Vectig., 1. c— Thucyd., ii., 13; iv., 90.— De- 
mosth., c. Philip., i., p. 50.— Thucyd., i., 143.— Id., iii., 16.)— 2. 
(Demosth., c. Steph., ii., p. 1135.)— 3. (Compare Petitus, Leg. 
Att., ii., 5, p. 246, &c— F. A. Wolf, Proleg. ad Leptin., p. lxvi., 
&c.— Hermann, Polit. Ant., $ 115.)— 4. (Frag., c. 7.)— 5. (H. 
A., viii., 9.) — 6. (Harpocrat., Suidas, Phot., and Lex. Seg., s. v. 
Mcrpovdnot.)— 7. (Publ. Econ., i., t> 9, n. 193.)— 8. (Meier and 
Sch5mann, Att. Proc., p. 93, &c.)— 9. (Dioscor., i., 3.— Adams, 
Aimend., s. v.) 



The more common form of the name is Smilax y 
which see. 

MILLIA'RE, MILLIARIUM, or MILLE PAS- 
SUUM (fiHiov), the Roman mile, consisted of 1000 
paces (passus) of 5 feet each, and was, therefore, 
=5000' feet. Taking the Roman foot at 116496 
English inches (vid. Pes), the Roman mile would 
be 1618 English yards, or 142 yards less than the 
English statute mile. By another calculation, in 
which the foot is taken at 11 62 inches, the mile 
would be a little moie than 1614 yards. The num- 
ber of Roman miles in a degree of a large circle of 
the earth is a very little more than 75. The most 
common term for the mile is mille passuum, or only 
the initials M. P. ; sometimes the word passuum is 
omitted. 1 The Roman mile contained 8 Greek- 
stadia. 

The milestones along the Roman roads were call- 
ed milliaria. They were also called lapidcs ; thus 
we have ad tertium lapidem (or without the word 
lapidem) for three miles from Rome. Augustus 
erected a gilt pillar in the Forum, where the princi- 
pal roads terminated, which was called millianum 
aureum ; but the miles were not reckoned from it, 
but from the gates of the city. Such central marks 
appear to have been common in the principal cities 
of the Roman Empire. The "London stone" in 
Cannon-street is supposed to have marked the cen- 
tre of the Roman roads in Britain. 2 

*MILOS (/ii?Mg), the Taxus baccata, or Yew-tree. 
" Nicander," says Adams, " gives a very accurate 
account of its effects as a poison." 3 

*MILTOS (fiilroq), " the Reddle of Kirwan and 
Aikin, and Red Chalk of Jameson and Philips. It 
is the Rubrica of the Latins, and not the Minium, 
as has been supposed. Theophrastus describes two 
kinds, the avrbfiaroq, or native, and the rexvtKrj, or 
factitious ; this last is formed from yellow-ochre by 
burning. Reddle was used extensively in ancient 
times for painting ships, and hence Homer calls 
them /Lu2.TOKdp7]oi.'' ,i 

MIMUS (filfios) is the name by which, in Greece 
and at Rome, a species of the drama was designa- 
ted, though the Roman mimus differed essentially 
from the Greek fj.lfi.og. 

The Greek mimus seems to have originated 
among the Greeks of Sicily and southern Italy, and 
to have consisted originally of extempore represent- 
ations or imitations of ridiculous occurrences of 
common life at certain festivals, like the Spartan 
deicelistae. At a later period these rude represent- 
ations acquired a more artistic form, which was 
brought to a high degree of perfection by Sophron 
of Syracuse (about 420 B.C.). He wrote his pieces 
in the popular dialect of the Dorians and a kind of 
rhythmical prose. 5 The mimes of Sophron are des- 
ignated as filfioi crrrovdatoi, which were probably of 
a more serious and ethical character, and filuot ye- 
/Xolol, in which ridiculous buffoonery preponderated. 
Such mimes remained after the time of Sophron a 
favourite amusement of the Greeks, and Philistion 
of Magnesia, a contemporary of Augustus, was a cel- 
ebrated actor in them. 6 

Among the Romans, the word mimus was applied 
to a species of dramatic plays as well as to the pei 
sons who acted in them. It is certain that the Ro 
mans did not derive their mimus from the Greeks 
in southern Italy, but that it was of native growth. 
The Greek mimes were written in prose, and the 
name filfiog was never applied to an actor, but if 

1. (Cic. ad Att., iii., 4— Sallust, Jug., c. 114.)— 2. (Plin., II. 
N., iii., 5.— Id. lb., xv., 18.— Tacit., Hist., i., 73.— Suet., Oth., 
6.) — 3. (Theophrast., H. P., iii., 4. — Id. ib., iv., 1. — Nicand., 
Alex., 624.— Adams, Append., s. v.) — 4. (Theophraat., De La- 
pid., c. 71.— Dioscor., v. HI, 112.— Horn., II., ix., 125.— Adams, 
Append., s. v.)— 5. (Qu;Ltil., i., 8.)— 6. (Vid. Muller, Dor., iT., 
7, v f ) 

63°' 



MISSlO. 



MISTHOSEUS DIKE. 



used of a person, it signified one who made grim- 
aces. Thvi Roman mimes were imitations of fool- 
ish and mostly indecent occurrences, 1 and scarcely 
differed from comedy except in consisting more of 
gestures and mimicry than of spoken dialogue, 
which was not the case in the Greek mimes. The 
dialogue was, indeed, not excluded from the Roman 
mimes, but was only interspersed in various parts 
of the representation, while the mimic acting con- 
tinued along with it, and uninterruptedly from the 
beginning to the end of a piece. At Rome such 
mimes seem originally to have been exhibited at 
funerals, where one or more persons (mimi) repre- 
sented in a burlesque manner the life of the de- 
ceased. If there were several mimi, one of them, 
or their leader, was called archimimus. 2 

During the latter period of the Republic such 
farces were also represented in theatres ; but it ap- 
pears that they did not attain any high degree of 
perfection before the time of Caesar, for it is not 
until then that writers of mimes are mentioned : 
Cn. Matius, Decius Laberius, and Publ. Syrus were 
the most distinguished among them. 3 These coarse 
and indecent performances, of which Sulla was very 
fond, had greater charms for the Romans than the 
regular drama ; hence they were not only perform- 
ed on the stage, but even at repasts in the houses 
of private persons. On the stage they were per- 
formed as farces after tragedies, and during the 
Empire they gradually supplanted the place of the 
Atellanae. The exact time, however, when the 
Atellanas yielded to the mimes, is uncertain. It 
was peculiar to the actors in these mimes neither 
to wear masks, nor the cothurnus, nor the soccus, 
whence they are sometimes called planipedes.* As 
the mimes contained scenes taken from common 
life, such as exhibited its most striking features, 
their authors are sometimes called biologi or etho- 
logi, 5 and the works themselves were distinguished 
for their richness in moral sentences. That dis- 
tinguished and living persons were sometimes ex- 
posed to ridicule in these mimes, is clear from J. 
Capitolinus. 6 

MINA. (Vid. Talentum.) 

*MINTUM. (Vid. Cinnabari.) 

MINOR. (Vid. Curator, Infans.) 

*MINTHOS or MINTHE (fiivdog, /iiv8ri), Garden 
Mint, or Mentha sativa. 7 

MIRMILLO'NES. (Vid. Gladiatores, p. 476.) 

MISSlO was the technical term used by the Ro- 
mans to express the dismissal of soldiers from ser- 
vice in the army. Such a dismissal might take 
place for three reasons, and there were, consequent- 
ly, three kinds of missio : 1. Missio honesta, which 
was given to soldiers who had served the legitimate 
number of years ; 2. Missio causaria, which was 
granted to soldiers who could no longer bear the 
fatigue of military service on account of ill health ; 
and, 3. Missio ignominiosa, by which a man was ex- 
cluded from the service in the army for crime or 
other bad conduct. 8 

As regards the missio honesta, it was granted by 
the law to every soldier who had attained the age 
of 46, or who had taken part in 20 campaigns, and 
to every horseman who had served in ten cam- 
paigns. The legitimate time of service was called 
legitima stipendia. 9 Sometimes, however, soldiers 
obtained the missio honesta through the favour of 



1. (Ovid, Trist , ii., 515.— Val. Max., ii., 6, t> 7.)— 2. (Suet., 
Vespas., 19.— Gruter, Inscript., 1089, 6.)— 3. (Gellius, xv., 25.— 
Suet., Jul., 39.— Cic. ad Fam., xii., 18.)— 4. (Diomed., iii., 487. 
—Gellius, i., 11.— Macrob., Sat., ii., 1.)— 5. (Cic, Pro Rabir., 
12.— Id., De Orat., ii., 59.)— 6. (M. Ant. Philos., c. 29.— Com- 
pare Reuvens, Collectan. Literar., i., p. 51, &c— Osann, Ana- 
lect. Crit., i., p. 67, &c— Ziegler, "De Mimis Romanorum," 
Getting., 1788.)— 7. (Hippocr., Affect., 529.— Theophrast., C.P., 
iv., 5.)-8. (Dig. -3, tit. 2, s. 2; 49, tit. 16, s. 13.)— 9. (Liv., 
xxiii., 25.) 

638 



their general, before they had served the legitimate 
time. But this missio is distinguished Irom the 
real missio honesta, and was called missio ex favor -e 
or missio gratiosa. Persons who had obtained it 
might, if it was discovered, be called upon by the 
censors to re-enter the army. 1 The same must 
have been the case with persons who had obtained 
the missio causaria, and who, after their return 
home, had recovered from their illness, and had not 
yet attained the age at which they were altogether 
exempt from service. 

The missio ignominiosa or cum ignominia was m 
flicted as a punishment not only upon individuals, 
but upon whole divisions, and even whole legions of 
an army, 2 and it might be applied to the highest of- 
ficers no less than to common soldiers. 3 In dis- 
missing soldiers for bad conduct, it was generally 
expressed that they were sent away cum ignominia, 
but sometimes the ignominia was not expressly 
mentioned, though it was understood as a matter 
of course. All soldiers sent away in. disgrace were 
stripped of their arms and everything which char- 
acterized them as soldiers, and they were neither 
allowed to remain in the camp nor to return to 
Rome ; they were, in fact, labouring under perfect 
infamia, and compelled to live in exile. In some 
cases, however, the sentence might be withdrawn, 
especially if the general discovered that he had 
been led by a mistake to pronounce it.* 

In all cases of missio it was necessary to release 
the soldiers from the military oath (sacramentum) 
which they had taken on entering the service 
This act was called exauctoratio. During the time 
of the Republic and the early period of the Empire, 
the word exauctorare simply signified to release from 
the military oath, without implying that this waL 
done cum ignominia ; 5 but during the latter period 
of the Empire, it is almost exclusively applied to 
soldiers dismissed cum ignominia. 6 From the pas- 
sage of Tacitus above referred to, it is clear that, 
at least in his time, exauctoratio was sometimes 
used as synonymous with missio, with this differ- 
ence, that exauctoratio was granted to those who 
had only served in sixteen campaigns, and, conse- 
quently, had no claims to the advantages which 
were reserved for those who had served in twenty 
campaigns. 

The military oath was taken by all the soldiers of 
an army at the beginning of every new campaign ; 
and at the end of it, when the troops were disband- 
ed and sent home, they were released from their 
oath ; 7 in cases where the general enjoyed a tri- 
umph, the dismissal of the army, and, consequent- 
ly, the exauctoratio also, did not take place until this 
solemnity was over. 8 

MISSIO. (Vid. Gladiatores, p. 476.) 

MISeft'SEGS AIKH (nioduo-eoc 6cktj), or MIS- 
eft'ZEfiS OFKOT AIKH (fueOuoeoc oUov diKn), is 
the action brought against a guardian for either hav- 
ing neglected to make profitable use of the property of 
his ward, or for having made no use of it at all. Use 
might be made of such property either by letting it, 
if it consisted of lands or houses, or by putting it 
to interest if it consisted of money. The 6ikti wo- 
duoeuc must have been of a twofold character, ei- 
ther public or private, that is, it might be brought 
against the guardian, during the minority of his 
ward, by any person who took an inte/est in the 
welfare of the orphan, or it was brought by the or 
phan himself after his coming of age. Complaints 

1. (Liv., xliii., 14, 15.)— 2. (Liv.,vii., 39.— Id., xxvi., 1.— Suet, 
Jul., 69.— Id., Octav., 24.)— 3. (Hilt., De Bell. Afr., 54.— Suet , 
Calig., 44.— Val. Max., ii., 7, t> 3.— Dig. 3, tit. 2, s. 2.)— 4. (Suet. , 
Jul., 69.)— 5. (Liv., viii., 34.— Id., xxxvi., 40.— Tacit., Ann., ., 
36.)_6. (Suet., Vit., 10.— Lamprid., Alex. Sev., 12, 52.)— 7 
(Liv., xli., 5.)— 8. (Liv., xxxvi., 40.— Compare J jpsius, De Mi 
lit. Rom., v. 19.) 



MOD/UP. 



MOLA. 



•t this kind were brought before the iirst archon. 
In cases where the guardian would not or could not 
occupy himself with the administration of the prop- 
erty of his ward, he might request the archon to 
let the who!e substance of his ward's property to 
the highest bidder, provided the testator had not ex- 
pressly forbidden this mode of acting in his will. 1 
The letting of such property took place by auction, 
and probably in the presence of a court of justice, 
for we read that the court decided in cases where 
objections were made against the terms of letting 
lhe property. 2 The person who took the property 
had to pay an annual per centage for the right of 
using it, and this per centage frequently amounted to 
more than 12 per cent, per annum. If one man 
alone was unwilling to take the whole property on 
such conditions, it might be divided and let to sev- 
eral persons separately. 3 The tenant or tenants of 
:he property of an orphan had to give security (ano- 
T((i?]fia) for it, and to mortgage (airorifiav) his own 
estate, and the archon sent especial persons, uttoti- 
(xjTai, to value his property, and to ascertain wheth- 
er it was equivalent to that of the orphan.* The 
technical term for letting the property of an orphan, 
whether it was done by the guardian himself or by 
the archon, was /uodovv, and those who took it were 
said ficodovodat, tov oIkov (oinoe. here signifies the 
whole substance of the property). The tenants of 
the estate of an orphan had the right, and perhaps 
the obligation, to protect it against any other per- 
son. 5 It is not clear what resource was open to an 
orphan against a tenant who did not fulfil his obli- 
gations, but it is probable that, if any dispute arose, 
the guardian or the archon alone was answerable, 
and had to procure justice to the orphan. 6 

MISO OT AIKH {fiiodov 6lkt)\ or MIZeQ'SEQS 
AIKH ((iioduoeug dint]), is the name of a private ac- 
tion which might be brought against persons who 
refused to pay for services which had been perform- 
ed for them, provided it had been agreed that they 
should be paid for ; and, secondly, against persons 
who either had not or had imperfectly performed 
the services for which they were paid. It made no 
difference whether the service was performed by 
physical or intellectual powers, as teachers, sophists, 
actors, authors, and similar persons were paid at 
Athens, 7 and it is natural to suppose that these per- 
sons, like others, made agreements, either written 
or by word of mouth, respecting the remuneration 
to be given to them. In case either party thought 
themselves wronged, they might bring the (jlioQov 
dint] against the offender. Protagoras had written 
a book called 6iktj virep (iiadov, and an instance is 
recorded of an action of this kind in which he de- 
manded payment of one of his pupils. 8 It is not 
improbable that his work contained an account of 
this lawsuit. 9 

♦MISY (fiiov), Roman Vitriol, so called, or yel- 
low Copperas (K?Mpbe. x a ^ K ^ v ^ ^)- (Vid. Chalcan- 

THUS.) 10 

MITRA. (Vid. Calantica, Zona.) 
MIXTA ACTIO. {Vid. Actio, p. 17.) 
MNA. ( Vid. Talentum.) 

MNEMATA, MNEMEIA. (Vid. Funus, p. 457.) 
MNOIA. {Vid. Cosmi, p. 316.) 
MOCHLOS. (Vid. Janua, p. 526.) 
MO'DIUS, the principal dry measure of the Ro- 
mans, was equal to one third of the amphora, 11 and 

1. (Demosth., c. Aphob., p. 837. — Compare 853, 857. — Lys., c. 
Diogit., p. 906.) — 2. (Isaeus, De Philoctem. haered., p. 141, &c.) 
—3. (Isaeus, De Menecl. hsp.red., p. 13.) — 4. (Suidas, s. v. 'A<ro- 
rinT)Tai.)—5. (Isaeus, De Hagn. haered., p. 289.) — 6. (Meier and 
SSchoraann, Att.Proc., p. 295, 532. — Bockh, Publ. Econ.,vol. ii., 
p. 78, &c.)— 7. (Bockh, Publ. Econ., i., $ 21.)— 8. (Diog. Laert., 
ix., 8, (> 8.) — 9. (Meier and Schomann, Att. Proc., p. 534, &c.) 
— 10. (Moore's Anc. Mineral., p. 95.— Salinas., Exercit. Plin., 
p. 815, a AB.) — 11. (Volusius Maecianus. — Festus. — Rhemn. 
rann. ap. Wurm, I) 67.) 



therefoie contained 
It was divided into 



gall. 7 B576 pints English. 



2 Semimodii or Semodii, each =7 



Pints. 



9288 



9911 
4955 
2477 
1238 
0825 
0206 



16 Sextani " 

32 Heminae " 

64 Quartarii . . . . " 
128 Acetabula . . . . " 

192 Cyathi " 

768 Ligulae " 

The modius was one sixth of the medimnus. ( Vid. 
Acetabulum, Cyathus, Ligula, Medimnus, Sexta- 
ritjs.) 

MOIXEI'AS TPA<I>H (poixeias ypa<j>?/). (Vid. 
Adulterium.) 

MOLA (p.vlog), a Mill. All mills were anciently 
made of stone, the kind used being a volcanic tra- 
chyte or porous lava (pyrites, 1 silices* pumiceas 3 ), 
such as that which is now obtained for the same 
purpose at May en and other parts of the Eifel in 
Rhenish Prussia. This species of stone is admira- 
bly adapted for the purpose, because it is both hard 
and cavernous, so that, as it gradually wears away, 
it still presents an infinity of cutting surfaces. 

Every mill consisted of two essential parts, the 
upper millstone, which was movable (catillus, ovog, to 
eTTLjuvXiov*), and the lower, which was fixed, and by 
much the larger of the two. 5 Hence a mill is some 
times called molce. in the plural. The mills men- 
tioned by ancient authors are the following : 

I. The handmill or quern, called mola manuaria, 
vcrsatilis, or trusatilis. 6 

The islanders of the Archipelago use in the pres- 
ent day a mill, which consists of two fiat round 
stones about two feet in diameter. The upper 
stone is turned by a handle (kutztj 7 ) inserted at one 
side, and has a bote in the middle into which the 
corn is poured. By the process of grinding, the 
corn makes its way from the centre, and is poured 
out in the shape of flour at the rim. 8 The descrip- 
tion of this machine exactly agrees with that of xhe 
Scottish quern, formerly an indispensable part of 
domestic furniture. 9 There can be no doubt that 
this is the flour-mill in its most ancient form. In a 
very improved state it has been discovered at Pom- 
peii. The annexed woodcut shows two which wer* 




found standing in the ruins of a bakehouse. In the 
left-hand figure the lower millstone only is shown. 
The most essential part of it is the cone, which is 
surmounted by a projection containing originally 
a strong iron pivot. The upper millstone, seen in 
its place on the right hand of the woodcut, approach- 
es the form of an hourglass, consisting of two hol- 
low cones joined together at the apex, and provi- 



1. (Plin., H. N., xxxvi., 30.) — 2. (Virg., Moret., 23-27.)— 3 
(Ovid, Fast., vi., 318.)— 4. (Deut., xxiv.,6.)— 5. (Wernsdorf, Po- 
etae Lat. Min., vi., 2, 51.) — 6. (Plin., H. N., xxxvi., 29.— Gell., 
iii., 3. — Cato, De Re Rust., 10.) — 7. (Schol. in Theocrit., r'„ 
58.)— 8. (Tournefort, Voyage, Lett. 9.)— 9 'Pennant, Tour n 
Scotland, 1769, p. 231, and 1772, p. 328.) 

639 



MOLA. 



MONETA. 



ded at this point with, a socket, by which the upper 
stone was suspended upon the iron pivot, at the 
same time touching on all sides the lower stone, 
ant with which it was intended to revolve. The 
upper stone was surrounded at its narrowest part 
with a strong band of iron ; and two bars of wood 
were, inserted into square holes, one of which ap- 
pears in the figure, and were used to turn the upper 
stone. The uppermost of the two hollow cones 
served the purpose of a hopper. The corn with 
which it was filled gradually fell through the neck 
of the upper stone upon the summit of the lower, 
and, as it proceeded down the cone, was ground 
into flour by the friction of the two rough surfaces, 
and fell on all sides of the base of the cone into a 
channel formed for its reception. The mill here 
represented is five or six feet high. 

The handmills were worked among the Greeks 
and Romans by slaves. Their pistrinum was conse- 
quently proverbial as a place of painful and degra- 
ding labour, and this toil was imposed principally 
on women. 1 

In every large establishment the handmills were 
numerous in proportion to the extent of the family. 
Thus, in the palace of Ulysses there were twelve, 
each turned by a separate female, who was obliged 
to grind every day the fixed quantity of corn before 
she was permitted to cease from her labour. 3 

II. The cattle-mill, mola asinaria, 3 in which human 
labour was supplied by the use of an ass or some 
other animal.* The animal devoted to this labour 
was blindfolded. 5 The mill did not differ in its 
construction from the larger kinds of handmill. 

III. The water-mill (m-ola aquaria, v6pa%eT7]c). 
The first water-mill of which any record is pre- 
served was connected with the palace of Mithra- 
dates in Pontus. 6 That water-mills were used at 
Rome is manifest from the description of them by 
Vitruvius. 7 A cogged wheel, attached to the axis 
of the water-wheel, turned another which was at- 
tached to the axis of the upper millstone : the corn 
to be ground fell between the stones out of a hop- 
per (infundibulum) which was fixed above them. 8 
Ausonius, as quoted below, mentions their exist- 
ence on the Ruwer near Treves ; and Venantius 
Fortunatus, describing a castle built in the sixth 
century on the banks of the Moselle, makes dis- 
tinct mention of a tail-race, by which "the tortu- 
ous stream is conducted in a straight channel." 9 
In Ireland water-mills w T ere introduced even some 
centuries before this date. 10 

IV. The floating miU. 

When Rome was besieged by the Goths, A.D. 
536, and when the stoppage of the aqueducts ren- 
dered it impossible to use the public corn-mills (ol 
ttjc iz6?i.eue [mv'auveq) in the Janiculum, so that the 
citizens w r ere in danger of starvation, Belisarius 
supplied their place by erecting floating mills upon 
the Tiber. Two boats being moored at the dis- 
tance of two feet from each other, a water-wheel, 
suspended on its axis between them, was turned 
by the force of the stream, and put in motion the 
stones for grinding the corn, by which the lives of 
the besieged were preserved. 11 

V. The saw-mill. 

Ausonius mentions mills situated on some of the 
streams falling into the Moselle, and used for cut- 
ting marble into slabs. 13 

VI. The pepper-mill. A mill for grinding pepper, 

1. (Horn., Od., vii., 104.— Exod., xi., 5. — Matt., xxiv , 41.)— 2. 
(Od., xx., 105-119.— Compare Cato, De Re Rust., 56.) — 3. 
(Cato, De Re Rust., 10.— Matt., xviii., 6.)— 4. (Ovid, Fast., vi., 
318.)— 5. (Apul., Met., ix.) — 6. (Strabo, xii., 3, y 30.) — 7. (x., 
5, ed. Schneider.)— 8. (See also Brunck, Anal., ii., 119. — Pallad., 
De Re Rust., i., 42.)— 9. (Poem., iii., 10.)— 10. (Transactions of 
the Royal Irish Academy, xviii., pt. 3, p. 163-165.) — 11. (Procop., 
De Bell. Goth., i., 15.)— 12. (Mosella, 362, 363.) 
^40 



made of boxwood, is mentioned by Petronius (mota 
buxea piper trivit 1 ). 

*MOLYBD^ENA. (Vid. Plumbago.) 

*MOLYBDOS. {Vid. Plumbum.) 

MONE'TA, the mint or place where money was 
coined. The mint of Rome was a building on the 
Capitoline, and attached to the temple of Juno Mo- 
neta, as the aerarium was to the temple of Saturn. 1 
This temple was vowed by Camillus, and dedica- 
ted in 344 B.C., on the spot where the house of M. 
Manlius Capitolinus had once been standing. Some 
writers describe the art of coining as having been 
known to the Italians from the earliest times, and 
assign its invention to Janus ; 3 but this and similar 
accounts are nothing more than fables. The state- 
ment of Pliny,* who assigns the invention of coin- 
ing to Servius Tullius, has somewhat more of an 
historical aspect ; and he derives the name pecunia 
from the circumstance that the coins were origi- 
nally marked with the image of some animal. The 
earliest Roman coins were of aes (vid. iEs), and not 
struck, but cast in a mould. (See the representa- 
tion of such a mould on page 449.) The moulds, 
however, were sometimes without any figure, and 
merely shaped the metal, and in this case the im- 
age, as well as the name of the gens, &c, were 
struck upon it by means of a hammer upon an an- 
vil on which the form was fixed. As the strokes 
of the hammer were not always equal, one coin, 
though equal in value with another, might differ 
from it in thickness and shape. Greater equality 
was produced at the time when the Romans be- 
gan to strike their money ; but when this custom 
became general is not known. Respecting the 
changes which were introduced at Rome at various 
times in the coinage, see the articles iEs, Argen- 
tum, and Aurum. 

In the early times of the Republic we do not read 
of any officers who were charged with the superin- 
tendence of the mint, and respecting the introduc- 
tion of such officers we have but a very vague 
statement of Pomponius. 5 Their name was trium- 
viri monetales, and Niebuhr 6 thinks that they were 
introduced at the time when the Romans first be- 
gan to coin silver, i. e., 269 B.C. The triumviri 
monetales had the whole superintendence of the 
mint, and of the money that was coined in it. A 
great number of coins, both of gold and silver, is 
signed by one of these triumvirs in the following 
manner : III. VIR AAAFF, that is, triumvir auro, 
argento, are. fiando feriundo, 1 or III. VIR. A.P.F., 
that is, ad pecuniam feriundam. Other coins, on the 
other hand, do not bear the signature of a triumvir 
monetalis, but the inscription CUR. X. FL. S.C., 
i. e., curator denariorumflandorum ex senatus consulto, 
or are signed by praetors, aediles, and quaestors. J. 
Caesar not only increased the number of the trium- 
viri monetales to four, whence some coins of his 
time bear the signature IIII. VIR. A.P.F., but in- 
trusted certain slaves of his own with the superin- 
tendence of the mint. 8 The whole regulation and 
management of the Roman mint and its officers 
during the time of the Republic, is involved in very 
great obscurity. 

The coining of money at Rome was not a privi- 
lege belonging exclusively to the state, but from 
the coins still extant we must infer that every Ro- 
man citizen had the right to have his own gold and 
silver coined in the public mint, and under the su- 
perintendence of its officers. The individual or 
gens who had their metal coined, stated its name 
as well as the value of the coin. This was a kind 

1. (Sat., 74.) — 2. (Liv., vi., 20.) — 3. (Macrob., Sat., i., 7.- 
Athen., xv., p. 692.)— 4. (H. N.,xxxiii., 3.)— 5. (Dig. i., tit. 2, i 
30.)— 6. (Hist, of Rome, iii., p. 646.)— 7. (Cic, De Leg , iii., 3 
— P. Manut. ad Cic. ad Fam., vii., 13.) — 8. (So^t, Jul., 70 
— Compare Cic, Philipp., vii., 1.) 



MONET A. 



MONILE. 



of guarantee to the public, and nearly all the coins 
of the republican period coined by a gens or an in- 
dividual bear a mark stating their value. As long 
as the Republic herself used pure silver and gold, 
bad money does not seem to have been coined by 
any one ; but when, in 90 B.C., the tribune Livius 
Drusus suggested the expediency of mixing the sil- 
ver which was to be coined with one eighth of cop- 
per, a temptation to forgery was given to the peo- 
ple, and it appears henceforth to have occurred fre- 
quently. As early as the year 86 B.C., forgery of 
money was carried on to such an extent, that no 
one was sure whether the money he possessed was 
genuine or false, and the praetor M. Marius Gratidia- 
nus saw the necessity of interfering. 1 He is said 
to have discovered a means of testing money, and 
of distinguishing the good from the bad denarii." 
In what this means consisted is not clear; but 
some method of examining silver coins must have 
been known to the Romans long before this time. 3 
Sulla inflicted heavy punishment upon the coiners 
of false money. All Roman money was generally 
coined at Rome, but in some particular cases the 
mints of other Italian towns, as in the provinces, 
were used ; for we must remember that, during the 
time of the Republic, subject countries and provinces 
were not deprived of the right of coining their own 
money. This right they even retained under the 
Empire for a long time, though with some modifica- 
tions ; for while some places were allowed to coin 
their money as before, others were obliged to have 
upon their coins the head of the emperor or of 
some member of his family. Silver and gold, how- 
ever, were only coined in places of the first rank. 
When all Italy received 'he Roman franchise, all 
Ihe Italians used f he Roman money, and, in conse- 
quence, lost the right to coin their own. 

It has been stated above that probably every Ro- 
man citizen had a right to have his gold and silver 
coined, but none had the right to put his own inci- 
te upon a coin, and not even Sulla ventured to act 
contrary to this custom. The coins apparently of 
the republican period with the portraits of individu- 
als were, according to Eckhel, coined at a later 
time, and by the descendants of those persons 
v/hose portraits are given. Caesar was the first to 
whom this privilege was granted, and his example 
was followed by many others, as we see from the 
coins of Sext. Pompeius. The emperors assumed 
the right to put either their own images or those of 
members of their families upon their coins. 

From the time of Augustus, the triumviri, gener- 
ally speaking, no longer put their name on any coin, 
and it became the exclusive privilege of the emperor 
to coin silver and gold. The senate, intrusted with 
the administration of the aerarium, retained the right 
of only coining copper, whence almost all copper 
coins of this period are marked with S. C. or EX S.C. 
But this lasted only till the time of Gallienus, when 
the right of coining all money became the exclusive 
privilege of the emperors. As, however, the vast 
extent of the Empire rendered more than one mint 
necessary, we find that in several provinces, such 
as Gaul and Spain, Roman money was coined un- 
d'3r the superintendence of quaestors or proconsuls. 
Roman colonies and provinces now gradually ceased 
to coin their own money. In the western parts of 
the Empire, this must have taken place during the 
first century of our era, but in the East the Roman 
money did not become universal till after the time 
of Gallienus. From the time of the Emperor Aure- 
lian, a great number of cities of the Empire pos- 
sessed mints in which Roman money was coined, 
and during the latter period of the Empire, the su- 

I .Cic ., De Off., iii., 20.)— 2. (Plin., II. N., xxxiii., 46.) — 3. 
'Liv xxxii.,2.) 

4 M 



perintendents of mints are called procuratores, or 
praepositi monetae. 

The persons who were employed as workmen in 
a mint were called monetarii. Their number at 
Rome appears to have been very great during the lat- 
ter period of the Empire, for in the reign of Aurelian 
they nearly produced a most dangerous rebellion. 1 
They seem generally to have been freedmen. 2 

In Greece, every free and independent city had 
the right to coin its own money. Sparta and By- 
zantium are said to have only coined iron money, 1 
but no ancient iron coin has ever been found. Re- 
specting the time when money was first coined in 
Greece, see Argentum, p. 90. The Greek term 
for money was vojiiafia, from vo ( uof, because the de- 
termination of its value was fixed by law or con- 
tract. 4 

The mint at Athens was called dpyvpoKoneTov. 
(Vid. Argyrocopeion.) We do not hear of any of- 
ficers connected with the management or the su- 
perintendence of the Athenian mint. How far the 
right of coining money was a privilege of the cen- 
tral government of Attica, is unknown. But the ex- 
tant coins show that at least some demes of Attica 
had the right of coining, and it is probable that the 
government of Athens only watched over the weight 
and the purity of the metal, and that the people, in 
their assembly, had the right of regulating every- 
thing concerning the coining of money. 5 The Attic 
gold and silver coins were always of very pure 
metal, and we have only one instance in which the 
state, at a time of great distress, used bad metal. 
This was in the archonship of Antigenes and Calli- 
as, B.C. 407 and 406. 6 Individuals who coined bad 
money were punished with death. 7 (Vid. NOMIS- 
MATOS AIA$eOPA2 AIKH.) The place where 
money was coined is always indicated on Greek 
coins ; either the name of the place is stated, or 
some symbolical representation of the place, as the 
owl on Athenian and a peacock on Samian coins 
These symbols are generally of a religious nature, 
or connected with the worship of the gods or heroes. 

For farther information on this subject, see Eck- 
hel, Doctrina Numorum Veterum, and especially the 
Prolegomena generalia in vol. i. 

MONET A'RII. (Vid. Moneta.) 

MONI'LE (op/xoc), a Necklace. Necklaces were 
worn by both sexes among the most polished of 
those nations which the Greeks called barbarous, 
especially the Indians, the Egyptians, and the Per- 
sians. (Vid. Armilla.) Greek and Roman females 
adopted them more particularly as a bridal orna- 
ment. 8 

The simplest kind of necklace was the monile 
baccatum, or bead necklace, 9 which consisted of 
berries, small spheres of glass, amethyst, &c, strung 
together. This is very commonly shown in ancient 
paintings. (See woodcuts, p. 96, 263.) The right- 
hand figure in the woodcut at page 263, and the 
head of Minerva at page 466, exhibit a frequent 
modification of the bead necklace, a row of drops 
hanging below the beads. These drops, when worn, 
arrange themselves upon the neck like rays pro- 
ceeding from a centre. To this class of necklaces 
belongs one in the Egyptian collection of the British 
Museum (see the next woodcut), in which small 
golden lizards alternate with the drops. The figure 
in the woodcut immediately underneath this exhib- 
its the central portion of a very ancient and exqui- 
sitely wrought necklace, which was found at S. 



l.(Anrel.Vict.,DeCaes.,35.— Vopisc, Aurel.,38.)— 2. (Mura 
tori, Inscript., 968, n. 5.)— 3. (Pollux, Onom., vii., 106.)— 4. (Aria 
tot., Ethic, v., 8.)— 5. (Aristoph., Eccles.. 810, &c.)— 6. (Ari» 
toph., Ran., 673, with the schol., and 678.)— 7. (Demoslh., c 
Lept., p. 508.) — 8. (Lucan, ii., 361. — Claud., De vi. Con* 
Honor., 527.)— 9. (Virg., JEn., i., 657.— I.amprid., Alex. Sot , 
41.) 

641 



MONILE. 



MORTARIUM 



Agatha, near Naples, in the sepulchre of a Greek 
*ady. It has 71 pendants. Above them is a band 
consisting of several rows of the close chainwork 
which we now call Venetian. (Vid. Catena.) 




?% 



->>>>>>>^>>>>>>>>;^>>>^ 



i^^^^>>M^>>>:>^>>>^>^iii?i 




We also give here the central portions, exhibiting 
the patterns of three splendid gold necklaces, pur- 
chased from the Prince of Canino for the British 
Museum. These were found in Etruscan tombs. 
The ornaments consist of circles, lozenges, rosettes, 
ivy-leaves, and hippocampi. A heart depends from 
the centre of one of the necklaces. 

The necklace was sometimes made to resemble 
a serpent coiled about the neck of the wearer, as 
was the case with that given as a nuptial present 
by Venus to Harmonia, which was ornamented in 
so elaborate a manner that Nonnus devotes 50 lines 
of his Dionysiaca 1 to its description. This same 
necklace afterward appears in the mythology as the 
bribe by which Eriphyle was tempted to betray her 
husband. 2 

The beauty and splendour, as well as the value 
of necklaces, were enhanced by the insertion of 
pearls and precious stones, which were strung to- 
gether by means of linen thread, silk, or wires and 
links of gold. For this purpose emeralds, or other 
stones of a greenish hue (smaragdi), were often em- 
ployed (virides gemma 3 ). Amber necklaces are 
mentioned in the Odyssey.* Some account of the 
various kinds of links is given in the article Cate- 
na. The hooks or clasps for fastening the neck- 
lace behind the neck were also various, and some- 
times neatly and ingeniously contrived. Besides a 
band encircling the neck, there was sometimes a 
second, or even a third row of ornaments, which 
hung lower down, passing over the breast. 5 

Very valuable necklaces were sometimes placed, 
as dedicated offerings, upon the statues of Minerva, 
Venus, and other goddesses, 6 and this was in ac- 
cordance with the description of their attire given 
t*y the poets. 7 Horses and other favourite animals 
were also adorned with splendid necklaces (aurea ; 8 
gcmmata monilia 9 ). ( Vid. Torques.) 

1. (v., 125, &c.)— 2. (Apollodor., iii., 4, 2 ; 6, 2^6.— Diod. Sic, 
iv.,'65 ; v., 49.— Serv. in ./En., vi., 445.)— 3. (Juv., vi., 363.)— 4. 
(xv., 459 ; xviii., 295.)— 5. (Horn., Hymn. i. in Ven., 11.— Ovid, 
Met., x., 264— Bottiger, Sabina,ii., p. 129.)— 6. (Sueton., Galb., 
16.)— 7. (Horn., Hymn. i. in. Ven., 88.)— 8. (Virg., JEn., vii., 
278.)— 9. (Ovid, Met., x., 113.— Claudian, Epig., xxxvi , 9.— 
Aul Gell. v., 5.) 
642 



MONOPO'DIUM. (Vid. Mensa, p. 612. 
MONOXYLON. (Vid. Linter.) 
MONUMENTUM. (Vid. Funus, p. 461.) 
MORA. (Vid. Army, Greek, p. 98.) 
*MOR'EA (/Ltopea or fiopaia), the Ficus Morus, L , 
or Black Mulberry-tree. It is the ovuafiivac of The- 
ophrastus, a name, however, which was sometimes 
applied to the Ficus Sycamorus, or Sycamore. The 
fibpov fiaT&deg of Athenaeus and the other diabetica! 
writers was the fruit of the Ficus Morus. 1 

*MORM'YRUS (pop/ivpoc), the Sparus Mormyrus, 
L., or Morme, a species of Spare. This fish, ac- 
cording to Belon, is very like the fielavovpoc.. (Vid. 
Melanurus.) 2 

*M0P0X902 AIG0 2, a species of mineral. 
" According to Sprengel, it is called Speckstein and 
Seifenstein in Germany. It consists," he says, " of 
talc, alumine, and silica, with a small proportion of 
iron and manganese. Dr. Jameson supposes it a 
variety of fuller's earth. Dr. Hill says it is an in- 
durated clay, and that it is now called French 
Chalk." 3 

■ MORTA'RIUM, also called PILA and PILUM* 
(olfioc, lydrj, 5 lydtc, apparently from the root of icere, 
to strike), a Mortar. 

Before the invention of mills (vid. Mola), corn 
was pounded and rubbed in mortars (pistum), and 
hence the place for making bread, or the bakehouse, 
was called pistrinum. 6 Also, long after the intro- 
duction of mills, this was an indispensable article 
of domestic furniture. 7 Hesiod, 8 enumerating the 
wooden utensils necessary to a farmer, directs him 
to cut a mortar three feet, and a pestle (vnepov, ko- 
navov, pistillum) three cubits long. Both of these 
were evidently to be made from straight portions of 
the trunks or branches of trees, and the thicker and 
shorter of them were to be hollowed. They might 
then be used in the manner represented in a pair-t- 
ing on the tomb of Remeses III. at Thebes (nee 
woodcut, left-hand, figure, taken from Wilkinson, 
ii., p. 383) ; for there is no reason to doubt that the 
Egyptians and the Greeks fashioned and used theii 
mortars in the same manner. (See also Wilkinson, 
iii., p. 181, showing three stone mortars with metal 
pestles.) In these paintings we may observe the 
thickening of the pestle at both ends, and that two 
men pound in one mortar, raising their pestles al- 
ternately, as is still the practice in Egypt. Pliny 5 
mentions the various kinds of stone selected for 
making mortars, according to the purposes which 
they were intended to serve. Those used in phar- 
macy were sometimes made, as he says, "of Egyp- 
tian alabaster." The annexed woodcut shows the 




forms of two preserved in the Egyptian collection 



1. (Dioscor., i., 180.— Celsus, iii., 18.— Adams, Append., s.\.) 
—2. (Aristot., H. A., vi., 17.— Plin., H. N., xxxii., 11.— Adams. 
Append., s. v.)— 3. (Dioscor., v., 151.— Adams, Append., s. v.)— 
4. (Plin., H. N., xviii., 3.— Id. ib., xxxiii., 26.)— 5. (Schol. in 
Hes., Op. et D., 421.)— 6. (Servius in Virg., Aln., : . 170.)— 7 
(Plaut., Aul., I., ii., 17.— Cato, De Re Rust., 74-76.— Coiun. 
De Re Rust.,'xii., 55.)— 8. (1. o.)— 9. (H. N., xxxvi., 43.) 



MUR.ENA. 



MUSCULUS. 



of the British Museum, which exactly answer to 
this description, being made of that material. They 
do not exceed three inches in height : the dotted 
lines mark the cavity within each. The woodcut 
also shows a mortar and a pestle, made of baked 
white clay, which were discovered A.D. 1831, 
among numerous specimens of Roman pottery, in 
making the northern approaches to London bridge. 1 

Besides the uses already mentioned, the mortar 
was employed in pounding charcoal, rubbing it with 
glue in order to make black paint (atramentum*) ; 
in making plaster for the walls of apartments ; 3 in 
mixing spices, and fragrant herbs, and flowers for 
the use of the kitchen ;* and in metallurgy, as in 
triturating cinnabar to obtain mercury from it by 
sublimation. 6 

The philosopher Anaxarchus was pounded to 
death with iron pestles in a mortar. 6 

MOS. (Vid. Jus, p. 560.) 

*MOSCHUS (fioaxog), the Musk Stag, or Moschus 
moschiferus, L. " The first mention of this animal 
occurs in the works of the Arabian medical authors, 
whose descriptions of it are copied, or referred to 
by Simeon Seth. Seth says that musk was got 
from India and China. He compares the animal 
which furnished it with the gazelle : &ov tlvoc fiov- 
OKepcjToe fieyioTov, ofioiov dop/cddi."" 1 

M T H A K E S (M60<wceO, MOTHO'NES (Mo0o- 
vec). (Vid. Civitas, Greek, p. 260.) 

MOUNYCH'IA (Movvvxta), a festival celebrated 
in honour of Artemis Munychia. Plutarch 8 says 
that it was instituted to commemorate the victory 
over the Persians at Salamis, and that it was held 
every year on the sixteenth of Munychion. 9 The 
sacrifices which were offered to the goddess on this 
day consisted of cakes called afKj>i<j>uvTeg, either be- 
cause at this season the full moon was seen in the 
west at the moment the sun rose in the east, or, as 
is more probable, and also confirmed by most au- 
thorities, because these cakes were adorned all 
round with burning candles. 10 Eustathius 11 says 
that these cakes were made of cheese. 

MOUSEIA (Movaeia), a festival with contests, 
celebrated at Thespiae in Bceotia, in honour of the 
Muses. 12 It was held every fifth year, and with great 
splendour. 13 From ^Eschines 14 it appears that there 
was also a festival called Museia, which was cele- 
brated in schools. 

MUCIA'NA CAUTIO. (Vid. Cautio.) 

MUNERA'TOR. (Vid. Gladiatores, p. 475.) 

MU'NICEPS, MUNICFPIUM. (Vid. Colonia, 

p. 283, FaEDERATuE ClVITATES.) 

MUNUS. (Vid. Honores.) 
MUNUS. (Vid. Gladiatores, p. 475.) 
MUNYCHIA. (Vid. Modnychia.) 
MURA'LIS CORO'NA. (Vid. Corona, p. 311.) 
♦MURvENA, the Muraena (or Lamprey), a species 
of Eel, the Murcena Helena, L. The Linnaean name 
has arisen from the remark of Athenaeus, that it 
was the " Helen" (choicest dish) at banquets. This 
fish is about three feet long, and sometimes more. 
It weighs as much as twenty to thirty pounds ; is 
very much extended in the Mediterranean, and was 
held in high estimation by the ancients. The 7rAc5- 
rcc h/x&.sie were a much esteemed kind, procured 
from Sicily, called in Latin flutce, whence the French 
name la Flutte. The Muroena were carefully reared 
by the Romans in their fishponds ; they were even 

1 (Arctueologia, vol. 24, p. 199, plate 44.) — 2. (Vitruv., vii., 
10, ed. Schneider.)— 3. (Plin., H. «., xxxvi., 55.)— 4. (Athen., 
ix., 70.— Brunck, Anal., iii., 51.)— 5. (Plin., H. N., xxxiii., 41. — 
Id. ib , xxxiv., 22.) — 6. (Diog. Laert., ix., 59. — Menag., ad loc. — 
Tertull., Apol., p. 39, ed. Rigalt.)— 7. (Adams, Append., s. v.) 
—8. (De Glor. Ath., p. 349, F.)— 9. (Compare Suidas' and Har- 
pocrat., s. v. Mouvux'wv-) — 10. (Athen., xiv., p. 645. — Suidas, s. 
v. 'Avao-raroi. — Hesych. and Etymol. Mag., s. v. 'A/i#i0wv.) — 
It. (ad II., xviii.)— 12. (Pans., ix., 31, 3.)— 13. (Plut., Amat., p. 
743, F.)-14. (c. Timarch.i 



taught to be oDedient to the voice ; and the oraioi 
Hortensius is said to have wept over the loss of 
one, of which death had deprived him. Antonia, 
the wife of Drusus, adorned a favourite muraena 
with pendants. 1 

MU'RRHINA VASA or MU'RREA VASA were 
first introduced into Rome by Pompey, who dedica- 
ted cups of this kind to Jupiter Capitolinus. 2 The 
material of which these vases were made is much 
disputed ; but their value was very great 3 Pliny* 
says that seventy talents were given for one holding 
three sextarii, and speaks of a murrhine trulla which 
cost 300 talents. Nero gave even 300 talents for a 
capis or drinking-cup. 

Pliny 6 says that these murrhine vessels came 
from the East, principally from places within the 
Parthian empire, and chiefly from Caramania. He 
describes them as made of a substance formed by 
a moisture thickened in the earth by heat, and says 
that they were chiefly valued on account of their 
variety of colours. Modern writers differ much re- 
specting the material of which they were composed. 
Some think that they were variegated glass, and 
others that they were made of onyx, since that 
stone presents a variety of colours ; but the latter 
conjecture is overthrown by a passage of Lamprid- 
ius, 6 who speaks of onyx and murrhine vases. Most 
recent writers, however, are inclined to think that 
they were true Chinese porcelain, and quote in sup- 
port of their opinion the words of Propertius : 7 

" Murreaque in Parthis pocula cocta focis." 

This opinion would be rendered still more probable 
if we could place dependance on the statement of 
Sir W. Gell, 8 " that the porcelain of the East was 
called Mirrha di Smyrna to as late a date as 1555."* 

*MUS Cuvc), the Mouse. " Gesner holds," re- 
marks Adams, " that this term is most generally 
applied to the domestic mouse, meaning, I suppose., 
the Mus musculus, L. The term musculus is ob- 
tained from Pliny, who applies it to the smaller do- 
mestic mouse. The ancients, however, were ac- 
quainted with other species of this genus ; thus the 
qpovpatoi fivec of Aristotle and Hesychius are to be 
referred, no doubt, to the Mus agrestis, L. ; the i>pa£ 
of Nicander was probably the Black Rat, or Mus 
rattus, L. ; an* the ynyyrfki%, or aypiog five, would 
appear to have been the Field Mouse, or Mus sylvat- 
icus. The Sorex of Pliny is set down by Gesner as 
being the Dormouse, or Glis muscardinus. The Mus 
araneus of the Latin authors, namely, the [ivg rv<fko$ 
or [ivyakr) of the Greeks, was the Sorex araneus, or 
common Shrew ; frequent mention of it occurs in 
the ancient works on Toxicology. The fivg dinovc. 
of Herodotus and Aristotle is the Jerboa, or Dipus 
sagitta. The tztu^ of Theophrastus may be sup 
posed to be the Mus jaculus.'' no 

MU'SCULUS was, according to the description 
of Vegetius, 11 one of the smaller military machines, 
by which soldiers, in besieging a town, were protect- 
ed while engaged in filling up the ditches round the 
besieged place, so that the movable towers (turres 
ambulatorice) of the besiegers might be able to ap- 
proach the walls without obstacle. A more minute 
description of a musculus is given by Caesar. 12 The 
one which he describes was nine feet long, and was 
constructed in the following manner : Two bourns 
of equal length were placed upon the ground at the 
distance of four feet from each other, and upon them 

1. (Aristot., H. A., i., 5, &c— -Elian, N. A., i., 32, &c— 
Plin., II. N., ix., 55. — Macrob., Sat., iii., 15. — Adams, Append., 
s. v.)— 2. (Plin., H. N., xxxvii., 7.)— 3. (Sen., De Benef., vii., 9. 
—Id., Epist.,119.— Martial, iii., 82, 25.— Dig. 33, tit. 10, s.3, t> 4.; 
—4. (1. c.)— 5. (xxxvii., 8.)— 6. (Heliogab., 32.)— 7. (iv., 5, 26.) 
—8. (Pompeiana, vol. i., p. 98, 99.)— 9. (Becker, Gallns, i., p. 
143.)— 10. (Adams, Append., s. v.)— 11. (De Re Mil., iv., 16 >— 
12. (De Bell. Civ., ii., 10, &c.) 

643 



MUSIC. 



MUSIC. 



weie fixed little pillars five feet high. Their top 
ends were joined by transverse beams, which form- 
ed, a gentle slope on either side of the roof, of which 
they formed the framework. The roof was then 
entirely covered with pieces of wood two feet broad, 
which were fastened with metal plates and nails. 
Around the edge of this roof, square pieces of wood 
four cul>ts broad were fixed, for the purpose of 
keeping together the bricks and mortar with which 
the musculus was then covered. But that these 
materials, which were intended to protect the mus- 
culus against fire, might not suffer from water, the 
bricks and mortar were covered with skins ; and 
that these skins, again, might not suffer from the fire 
or stones which the besieged might throw upon the 
musculus, the whole was covered with rags of cloth. 
The whole of this machine was constructed under 
the cover of a vinea, and close by the Roman tower. 
At a moment when the besieged were least expect- 
ing any attack, the musculus was moved on against 
the wall of the town. The men engaged under it 
immediately began to undermine the wall, and thus 
to make a breach in it ; and while this work was 
going on, the besiegers kept up a lively fight with 
the besieged, in order to prevent them from direct- 
ing their attacks against the musculus. 1 The mus- 
culus described by Caesar was evidently designed 
for different purposes than the one mentioned by Ve- 
getius, and the former appears to be only a smaller, 
but a more indestructible kind of vinea than that 
commonly used. 

MUSEIA. {Vid. Mouseia.) 

MUSE'UM (Movgewv) was the name given to an 
institution, founded by Ptolemy Philadelphus, about 
B.C. 280, for the promotion of learning and the sup- 
port of learned men. 3 We learn from Strabo 3 that 
the museum formed part of the palace, and that it 
contained cloisters or porticoes {TZEpiiraToc), a pub- 
lic theatre or lecture-room (ki-tdpa), and a large hall 
(olnog psyac), where the learned men dined togeth- 
er. The museum was supported by a common fund, 
supplied apparently from the public treasury ; and 
the whole institution was under the superintendence 
of a priest, who was appointed by the king, and afte^r 
Egypt became a province of the Roman Empire, by 
the Caesar.* Botanical and zoological gardens ap- 
pear to have been attached to the museum. 5 The 
Emperor Claudius added another museum to this 
institution. 6 

MUSIC (GREEK). In compiling the following 
article, little more has been attempted than to give 
an outline of facts which rest upon positive evidence, 
and, at the same time, to present them in such a form 
as to serve for an introduction to the original sour- 
ces. Hence it necessarily consists, in a great meas- 
ure, of technical details, which, however, can pre- 
sent no difficulty to persons acquainted with the 
first elements of the modern theory ; and nothing 
has been said in the way of deduction except in one 
or two cases, where the interest of the subject and 
the apparent probability of the conclusions seemed 
to permit it. 

The term 'AppoviK7J was used by the Greek wri- 
ters to denote what is now called the Science of 
Music ; fxovaiKrj having, as is well known, a much 
wider signification. 'App.oviK7J earcv EtriGTrip.n &eu- 

priTLKT] KOL TTpaKTLKT] TJ]C TOV TJpjLLOGpSVOV QVGEOC. 

'HppoGpisvov 6e egtlv to ek (pdoyyuv nal diaGTrj/xdrcJu, 
tcoluv rd^iv exovtuv, GvyKeLp.evov.'' 

The following sevenfold division of the subject, 
which is adopted by the author just quoted, as well 

1. (Compare Cegs., De Bell. Civ., iii., 80.— De Bell. Alex., 1.) 

2. (Athenseus, v., p. 203.)— 3. (xviii., p. 794.) —4. (Strabo, 1. 
c.) — 5. (Philostr., Apollon., vi., 24. — Athen., xiv., p. 654.) — 6. 
(Suet., Claud., 42, with Casaubon's note.) — 7. (Euclid, Int. 
Harm., p. 1.) 

644 



as by others, will be partly adhered tj in the pres- 
ent article : I. Of Sounds (izspl <pdoyyuv). II. Oj 
Intervals {nEpl diaaTrj/Ltdrov). III. Of Genera (irEpt 
ysv&v). IV. Of Systems (TTEpl ovgttj juutov). V. Of 
Modes (Ttepl tovuv). VI. Of Transition {nspl p-eraOo- 
hrjc). VII. Of Composition (TTEpl p,£'A,o7roitac). It must 
be observed that the term tovoc is used in different 
senses. First it signifies degree of tension, an&so pitch, 
whence its application to denote mode, the modes 
being scales which differed in pitch : and then it iu 
taken for result of tension ; whence its meaning as 
the name of an interval, tone, because a tone is the 
interval through which the voice is most naturally 
raised at one effort. 1 

A sound is said to be musical when it has a de- 
terminate pitch (ravis). When two sounds differ 
in pitch, one is said to be more acute (b%vc), the oth- 
er more grave (fiapvc) ; or, in common language, one 
is called higher, and the other lower. The term 
kp.p.E'krjc applied to a sound either signifies simply, 
that it is capable of being used in a melody, or rel- 
atively, that it is capable of being used in the samt 
melody with some other sound or system of sounds ; 
the latter is its most common meaning. 

An interval is the difference, or, rather, distance 
between two sounds of different pitch. When we 
compare the intervals between two pairs of sounds, 
we judge them, in certain cases, to be similar or 
equal. If the more acute sound of one of them be 
then raised, that interval is said to become greater 
than the other. It is this property of intervals (their 
being comparable in respect of magnitude) which 
enables us to classify them, and enumerate their 
several kinds. 

Intervals are either consonant (cvptyuva) or dis- 
sonant (dtd<j>G)va), according as the two sounds may 
or may not be heard at the same time without of- 
fending the ear. 3 Strictly speaking, it is impossible 
to define the limit between the two classes, and 
this seems to be acknowledged by the later writers, 
who distinguish various degrees of consonance and 
dissonance. Originally, the only intervals reckoned 
consonant were the octave or eighth (did iraouv), 
the fifth (Sid tvevts or 6i' bfritiv), the fourth (did teg- 
Gapov or GvXkafjf]), and any interval produced by add 
ing an octave to one of these. But all intervals 
less than the fourth, or intermediate between any 
of those two just enumerated (as the sixth, tenth, 
&c), were considered as dissonant. The principal 
intervals, less than the fourth, employed in Greek 
music, were the double tone (oirovov), nearly equal 
to the modern major third ; the tone and half (rpirj- 
fitTovLov), nearly the same as the minor third ; the 
tone (tovoc), equal to the modern major tone ; the 
half tone (■hpiroviov), and the quarter tone (6iegic). 3 
Other writers speak of opotpuvia, or unison ; uvtkjxj- 
vla, or the consonance of the octave ; and rrapa^uvia, 
or the consonance of the fourth and fifth' ' Tiie lat- 
ter author considers Trapa^uvia to be intermediate 
between consonance and dissonance, and mentions 
the tritone or sharp fourth as an example of it. 

If two strings, perfectly similar except in length, 
and stretched by equal tensions, be made to vibrate, 
the number of vibrations performed in a given time 
by each is inversely proportional to its length ; and 
the interval between the sounds produced is found 
to depend only on the ratio of the lengths, i. c, of the 
numbers of vibrations. Thus, 

if the ratio be |, the interval is an octave ; 
if " 2 " a fifth ; 



if 
if 



3> 

I, 

8 

7' 



a fourth ; 
a major tone. 



1. (Vid. Aristid., p. 22.— Eucl., 19.) — 2. (Eucl., p. %.)— 3. 
(Eucl., p. 8.)— 4. ( Vid. Aristot., Probl., xii., 39, and Gaudent its, 
p. 11.) 



• MUSIC. 



MUSIC. 



The discovery of these ratios is attributed, proba- 
bly with truth, to Pythagoras. But the accounts of 
the experiments by which he established them 1 are 
plainly false, since they contradict the known fact 
that, when similar and equal strings are stretched by 
different tensions, the numbers of vibrations are as 
the square roots of the tensions. 2 

The tovoc or tone was defined to be the differ- 
ence between the fourth and fifth ; so that the cor- 
responding ratio would be determined either by ex- 
periment, or by simply dividing § by f. 

It is remarkable that each of the four ratios enu- 
merated above is superparticular ; i. e., the two terms 
of each differ from one another by unity. Euclid 
seems to consider no intervals consonant except 
such as correspond to superparticular {krcifiopioc) or 
multiple ( 7zoX r AaTT?iaaio)v ) ratios ; the latter being 
such as f, -5, f, &c. On this theory the octave and 
fourth (f) would be dissonant, but the octave and 
fifth (f) consonant. 3 And it is also worthy of no- 
tice, that all the intervals employed in the modern 
theory are either such as correspond to superpartic- 
ular ratios, or are produced from such by compound- 
ing them with the octave. Thus the ratio corre- 
sponding to the 

major third 
minor third 
minor tone 



is 4; 

<< 5 . 

¥ i 
« _9 . 

1 ' 

major semitone " \\. 



It seems, therefore, extraordinary, that analogy 
should not have led at once to the discovery at 
least of the major and minor third, as soon as the 
connexion between intervals and ratios had been 
observed. However, no such discovery was then 
made, or, if made, it was neglected ; and this affords 
at once an explanation of the fact that intervals less 
than the fourth were reckoned dissonant ; for the 
dirovov, or double major tone, is greater than the 
true consonant major third (which consists of a 
major and minor tone) by an interval expressed by 
the ratio fy, a difference quite sufficient to destroy 
the consonance of the interval. In fact, when a 
keyed instrument is tuned according to the equal 
temperament, the major thirds are too great by an 
interval little more than half of this ( T §| nearly), 
and yet are only just tolerable. This subject is im- 
portant, because it bears immediately upon the ques- 
tion whether harmony was used in the Greek music. 

An aggregate of two or more intervals, or, rath- 
er, a series of sounds separated from one another 
by intervals, constituted a system. Systems were 
named from the number of sounds which they com- 
prehended. Thus an octachord was a system of 
eight sounds, a pentachord of five, and so on : and 
usually, though not necessarily, the number of sounds 
corresponded to the interval between the extreme 
sounds. 

The fundamental system in ancient music was 
the tctrachard, or system of four sounds, of which 
the extremes were at an interval of a fourth. In 
modern music it is the octachord, and comprehends 
an octave between the extremes. The important 
and peculiar property of the latter system, namely, 
the completeness of its scale, was fully understood, 
as the name of the interval did naauv sufficiently 
indicates ;* but it was not taken in theory for the 
foundation of the scale, or, at any rate, was con- 
sidered as made up of two tetrachords. 

The genus of a system depended upon the distri- 
bution of the two intermediate sounds of the tetra- 
chord. The Greek musicians used three genera : 

I. The diatonic , in which the intervals between 

1. (Vid. Nicomachus, p. 10.) — 2. ( Vid . Whewell's Dynamics, 
part ;.., p. 331, ed. 7834.)— 3. (Vid. Eucl., Sect. Can., p. 24.)— 
i. lV*d. also Arittidi'u. p. 16, IT.) 



the four sounds were (ascending) semitone, tone, 
tone : 



B==&!rJ 



II. The chromatic ; semitone, semitone, tone and 
a half : 



i=|a: 



III. The enharmonic ; diesis, diesis, double torn; 



■x< 



1 



(The second note is meant to represent a souna 
half way between E and F, for which the modern 
system supplies no notation.) 

Of these genera, the diatonic was allowed to be 
the most ancient and natural, and the enharmonic 
the most modern and difficult ; the latter, however, 
seems soon to have become the favourite, with 
theorists at least, for Aristoxenus complains that 
all writers before his time had devoted their trea- 
tises almost entirely to it, to the neglect of the two 
others. 1 

The only difference between the ancient and 
modern diatonic is, that in the former all the tones 
are major tones, whereas in the latter, according 
to the theory generally admitted, major and minor 
tones occur alternately. 3 The interval called a 
semitone in the above descriptions is, therefore, 
strictly neither equal to the modern major semi- 
tone, nor to half a major tone, but the ear would 
hardly appreciate the difference in melody. 

Besides these genera, certain colours {xp6a>i) or 
specific modifications of them are enumerated. 3 

The enharmonic had only one xP^ a -> namely, the 
genus itself, as described above : it is commonly 
called simply dp/iovia. 

The chromatic had three : 1st, xptipa rovialov, 
or simply xp^^ta, the same as the genus ; 2d, XP^H-^ 
ijfitoXtov, in which intervals of three eighths of a 
tone were substituted for the two semitones ; 3d, 
XptificL ua?ian6v, in which intervals of one third of a 
tone were similarly employed. 

The diatonic had two xp' oai '• 1st, didrovov cvvro- 
vov, or simply dtd-ovov, the same as the genus ; 2d, 
didrovov fialaKov, in which an interval of three 
fourths of a tone was substituted for the second 
semitone (ascending). 

The following table will exhibit at one view the 
intervals between the sounds of the tetrachord, ta- 
ken in the ascending order, according to each of 
these xP^ al i the tone being represented by unity, 
and two tones and a half being supposed to make 
up a fourth, a supposition which is not exactly true, 
but is commonly adopted by the ancient writers as 
sufficiently accurate for their purpose. 4 

I. Diatonic ... 1. didrovov (avvrovov) £, 1, 1. 

2. didrovov fias.anov . \, f , £. 

II. Chromatic . . 1. xp^a {rovialov) . . i, £, 3 

2. xP^H- a yfiuohiov 

3. ^pw//a fxa/iOKov , 
III. Enharmonic . . . dp/iovla i, i, 2. 

There seems to be little evidence that any of 
these xpoai were practically used, except the three 
principal ones, didrovov, xp^/ua, dp/iovia. But it 
would be wrong to conclude hastily that the others 
would be impossible in practice, or necessarily un- 
pleasing. In the soft diatonic, for instance, the in- 



2' 

3 3 7 
"8> "ff> 4 

1 1 1 1 

3> 3> T 



1. (Aristox., p. 2 and 19.)— 2. (Vid. Crotch's Elements of Mu- 
sical Composition, chap, ix.)— 3. (Eucl., p. 10.) — 4. (Vid. Eucl, 
Sectio Canonis. Theor., xv.) 

645 



MUSIC. 



MUSIC. 



rerval, wliich is roughly described as five fourths 
of a tone, would be greater than a major tone, but 
less than a minor third ; now there are two inter- 
nals of this kind, corresponding to the superparticu- 
lar ratios % and \, which ought, therefore, by anal- 
ogy, to be consonant, or, at any rate, capable of be- 
ing employed as well as the tone and semitone ; 
and, although they are not used in modern music, 
or, at least, not admitted in theory, 1 nothing but 
experiment can determine how far the ear might 
become accustomed to them. These intervals ex- 
ist in the natural scales of the horn, trumpet, &c, 
and are, in fact, used instead of the minor third 
and tone in the harmony of the dominant seventh, 
both by stringed instruments and voices, when 
unaccompanied by tempered instruments. If this 
view be correct, the intervals of the tetrachord in 
the dtdrovov (lalanov would probably correspond to 
the ratios ||, |f , |, and similar considerations 
might be applied to the other xP oat ~ 

The four sounds of the tetrachord were distin- 
guished by the following names : vira.Tr) (sc. x°P^v) 
was the lowest ; vrjrn or vedrn the highest ; rrapv- 
Trdrn the lowest but one, and Trapavr/rn the highest 
but one. Hapavf/rn was also frequently called lix- 
avoc, probably because, in some ancient instrument, 
the corresponding string was struck by the fore- 
finger ; and Trapvirdrn was afterward called rpirn 
in certain cases. These names were used in all 
the genera ; but the name of the genus was com- 
monly added to lixavoc (thus, Tiixavbc didrovoc, xpu- 
fiavLKTJ, or kvapfiovtoc), perhaps because the position 
of this sound with respect to vrrdrn and vrjrrj is 
what chiefly determines the character of the genus. 
When the two lowest intervals of the tetrachord, 
taken together, were less than the remaining one, 
those two were said to form a condensed interval 
(ttvkvov). Thus the interval between vndrn and 
"kiXavoc is ttvkvov in the enharmonic and chromatic 
genera. The three sounds of the ttvkvov were 
sometimes called (3apvTrvKvoc, /j-eaorrvKvoc, and 6£V- 
ttvkvoc, and sounds which did not belong to a ttvk- 
vov were called uttvkvoL 

It is not to be supposed that the tetrachord could 
long continue to furnish the entire scale used in 



practice, though it was always considered ay tn« 
element of the more comprehensive systems which 
gradually came into use. The theory of the gen- 
era, as has bsen seen, required only the tetrachord 
for its full development, though it certainly could 
not have been invented till after the enlargement 
of the scale. 

Terpander is said to have invented the seven- 
stringed lyre, 1 which seems not to have been obso- 
lete in Pindar's time ; 3 its scale consisted of an 
octave, with one sound omitted. 3 The addition of 
this omitted sound (attributed to Lycaon or Pythag- 
oras) would give an octachordal lyre with a com- 
plete octave for its scale. And an instrument call- 
ed magadis, which must have had a still greater 
compass, was very early known, and is said to have 
had twenty strings as used by Anacreon. 4 

When two tetrachords were joined, so that th« 
highest sound of one served also for the lowest of 
the other, they were said to be conjunct (awn/u^va). 
But if the highest sound of one were a tone lower 
than the lowest of the other, they were called dis : 
junct (diE&vy/j,Eva), thus : 

BCDEFGA conjunct. 

EFGA BCDE disjunct. 

In the latter case, the tone (between A and B) 
which separates them was called tovoc dtafcvKrt 

' ft 

Kog. 

A hendecachordal system, consisting of three 
tetrachords, of which the middle one was conjunct 
with the lower, but disjunct from the upper, thus, 

BCDE F GA BCDE, 

is supposed to have been used about the time of 
Pericles. 6 In such a system the lowest tetrachord 
was called (rerpdxopSov) virartiv, the middle fiicov, 
and the highest diefrvy/uevov. Afterward a single 
sound (called Trpoc?Lap:6av6p:evoc) was added at an 
interval of a tone below the lowest of vrrarcbv, and 
a conjunct tetrachord (called vTrepfolaiw) was 
added above. And thus arose a system ol two 
complete octaves, 



o- "i 


A 


gj fm — Q 


1 


\J • J - . 


9 r 


/r~ 


J 


dW ®^ 


r(\\ 




A S 


m • 1 ! 


ViV 




jfi * 9 






~a 


__Jr-» 





which was called the greater perfect system. Anoth- 
er system, called the smaller perfect system, was com- 



m 



-*- 



posed of three conjunct tetrachords, called virarCiv, 
fieauv, and cwnfifxivuv, with TTpoa7i.afj.6av6/uevoc, thus : 



and these two together constituted the immutable 
system {avarnfia dfisraSoXov) described by all the 
writers later than Aristoxenus, and probably known 
to him. 2 

The sounds in these systems were named in the 
way before described, the names of the tetrachords 
only being added, and /lean and Trapafiearj being 
substituted for vrjrn fieaatv and vrrdrn diefrvy/uivuv 
respectively. Thus, taking the sounds in the as- 
cending order, 

A TTpo(j2,afi.6av6/j,evoc; 

B VTrdrn vrraruv 

<J TrapviraTTj vrrartiv f rerpdxopdov 



D \ixavbc vrrarfiv 

E VTrdrn fieaov 

F TTapvirdrn fieauv 

G "Kixavbc fieauv 

A (iton 



vrrariov. 



t. fieauv. 



1. (Vid. Smith's Harmonies, sect, iv., art. 10.) — 2. (End., 
d 17.) 

646 



vrrepdoXaiuv. 



So far the sounds are common to the greater and 
smaller systems. Then follow, in the greater, 

B TTapaflEGT) 

C rpirn dieCsvyjuevov ) « r 

-p. ' s r ' > t- oteQevytievuv. 

D Trapav7]T7j oie^evy/ievuv i Ir 

E vrjrn die&vy/Lievuv 

F rpirn VTrepSoXaicjv | 

G Trapavrjrn VTrep6olalov ( 

A vrjrn vrrepdolaiuv 

The interval between /near/ and rrapauian is a tone. 
But in the smaller system, \i£cn serves also for the 
lowest sound of the tetrachord cvvnfifilvuv, which 
terminates the scale, thus : 

A fieon. 
b3 rpirn cwnfifiivav. 

C TTapavrjrr) ewnfijuevidv. 

D vrjrn own/u/ievcou. 

1. (Eucl. p. 19.)— 2. (Pyth., ii., 70.)— 3. (Arist., Probl., jiTl 
7, 25, 32.)— 4. (Vid. Bockh, De Metr. Pind., lib. iii.,cap. 7, 11.) 
—5. (Eucl., p. 17.)— 6. (Bockh.) 



MUSIC 



MUSIC. 



In adapting the modern notation to these scaies, 
we have represented them in the diatonic genus ; 
but the same arrangement of the tetrachords was 
adopted in the others. Those sounds of the im- 
mutable system which were the same in all the 
genera, namely, 7rpoo-2.afj.6avbfj.evoc, vtt&t7] vrvaTuv, 

VTTO.T7] fltaUV, fJEGT}, TTapafJECIJ, V7JT7} GVVTj flfj.il> UV, V7)T7] 

diE&vyfiivuv, and vtjtti vTrep6o?.aiuv, were called fix- 
ed (eotutec ), being, in fact, except the first, the ex- 
treme sounds of the several tetrachords. The rest, 
being the intermediate sounds, on the position of 
which the genus depended, were called movable 

(KlVOVfiEVOt). 

M.Ecri was certainly considered a sort of key-note 
to the whole system, 1 and 7rpoa2.afi6av6fjEvoc was 
added to complete the octave below fikorf? This 
addition is supposed to have been made later 
than the time of Plato, but earlier than Aristox- 
enus. 3 

The greater of the two systems thus described 
appears to have superseded the other in practice ; 
in fact, it is evidently the most natural of the two. 
But it must not be supposed that it was necessarily 
used in its complete form as the scale of any in- 
strument ; it was rather a theoretical canon by which 
the scales really employed were constructed. With 



regard to its fitness for use, it may be observtd, that 
in the diatonic genus the effect of such a system 
would not perceptibly differ, so long as the melody 
only was required, from that of the corresponding 
notes (ghen above) as played on a modern instru- 
ment with or without temperament. The chroma- 
tic scale is quite unlike anything now employed ; 
and though it was not considered the most difficult, 
was certainly the least natural (TexviKurarov 6e 
to xpfipa 1 )- The modern minor scale, A, B, C, D, 
E, pF, #G, A, can hardly be considered an excep- 
tion to the assertion, that the chromatic scale is 
quite unlike anything now employed, for its essen 
tial character, as now used, depends so little upon 
the chromatic interval between F and^tG, that 
this peculiarity is usually got rid of in melody by 
raising the F or lowering the $G, according to cir- 
cumstances. Hence the popular but incorrect way 
of representing the ascending and descending minor 
scales. 8 But it is impossible to form a decided 
judgment of the merits of the chromatic scale with- 
out a much greater knowledge of the rules of com- 
position than seems now attainable. The effect of 
the enharmonic must have been nearly the same as 
that of the diatonic, supposing Xtxavbq to be left out 
in each tetrachord, thus 



o • 




I 


— |— 




/» 


—m- 


-*—Q- 








0' 






i 


s 







jf 


i 








* 


-•- 


* 


i 






f(\\ 














vyj 


e— 


* 





Indeed, Plutarch relates, on the authority of Aris- 
toxenus, that Olympus was led to the invention of 
this genus by observing that a peculiar and beauti- 
ful character was given to melody when certain 
notes of the scale, and particularly Taxavbc., were 
left out.* It is therefore most probable that this 
was the original form of the enharmonic scale, and 
that it was more ancient than the highly artificial 
chromatic. In this form it would-be both natural 
and easy. But afterward, when additional sounds 
were interposed between B and C, E and F, it 
would of course become, as it is always described, 
the most difficult of all the genera, without, how- 
ever, ceasing to be natural ; for these additional 
sounds could certainly be neither used by a com- 
poser nor executed by a singer as essential to the 
melody, but must rather have been introduced as 
passing or ornamental notes, so that the general ef- 
fect of the genus would remain much the same as 
before. The assertion of Aristoxenus (see p. 28, 
53), that no voice could execute more than two 
quarter tones in succession, evidently supports this 
view. (Compare what is said by Aristides 5 of the 
rare use of intervals of three and^be quarter tones.) 
Thus the enharmonic would derive its distinctive 
character more from the largeness of the highest 
interval of the tetrachord than from the smallness 
of the two others. Aristoxenus 6 expressly mentions 
the important influence which the magnitude of the 
interval between \ixavbq and vtjtt) had upon the 
character of the genus, and blames the musicians 
of his own time for their propensity to diminish this 
interval for the sake of sweetness (tovtov 6' alrtov 
to fiovkecQai y?*vi<aiveiv uel). That a peculiar char- 
acter really is given to a melody by the occurrence 
of a larger interval than usual between certain 
sounds of the scale, is a well-known fact, exemplified 
in many national airs, and easily proved by the pop- 
ular experiment of playing on the black keys only 
of a piano forte. (See Burney 7 on the Old Enhar- 
monic.) 

The genus of a system was determined, as has 

1. (Vid. Arist., Probl., xix., 20.)— 2. (Aristides, p. 10.) — 3. 
Bdckn.)— 4. (Vid. Plutcrch's Dialogue on Music, Mem. de 
'4cad. des Inscriptions, vol. i., 126.)— 5. (p. 28.)— 6. (p. 23.)- 
f. (toI. i., p. 27.) 



been explained, by the magnitude of certain of its 
intervals. The species (eldoc) depended upon the 
order of their succession. Hence, supposing no 
system to be used which was not similar to some 
part of the ovarn/ja dfJETu.6o2.ov, every system would 
have as many species as it had intervals, and no 
more. 3 

The tetrachord, for example, had three species w» 
each genus, thus (diatonic), 

1st. i, 1, 1. 2d. 1, \, 1. 3d. 1, 1, £. 
(where 1 stands for a tone). 

The species of a system was often described by 
indicating two sounds of the avoTrjfia dfjeTa6o2.ov 
between which a similar one might be found. Of 
the seven species of the octachord, the first was 
exemplified by the octave comprehended between 
viraTn v7raT&v and Tcapafieon ; the second by that 
between ixapvTzaTn VTraruv and Tp'tTn dte^evytievuv ; 
and so on. The order of the intervals in these 
seven species would be as follows in the diatonic 
genus (ascending) : 



1st. 


i, 


1, 


1, 


h 


i, 


i, 


i. 


2d. 


1, 


1, 


h 


1, 


i, 


i, 


I 


3d. 


1, 


*, 


1, 


1, 


i, 


k, 


i. 


4th. 


h 


1, 


1, 


1, 


h 


i, 


i. 


5th. 


1, 


1, 


1, 


h 


i, 


i, 


*. 


6th. 


1, 


1, 


h 


i, 


i, 


h 


i. 


7th. 


1, 


*, 


1, 


i, 


h 


1, 


i. 



This distinction of species is important, because 
it formed originally the chief difference between the 
modes (tovol). Unfortunately, there are no means 
of determining what was the real difference be- 
tween melodies written in these several scales ; and 
the difficulty of forming any probable hypothesis on 
this subject is increased by what is said of fiean in 
the passage quoted above from the Aristotelic Prob- 
lemata. Tluvra yap tu xpV <JT ^ f*-£2,r\ 7ro2.Xu.Kig rrj 
fiicsn xpf/Tat, nai ttuvtec ol ayadol TTOinral tzvkvu. Trpbc. 
ttjv fxEcnv cnravTuoi, kuv aTreldvcri, Taxv knavEpxov- 
rat, npbe 6e hWnv ovtgjc ovS(fiiav. For, since the 
position of fiior\ was determined by the intervals 
adjacent to it, any series of sounds beginning or end- 
: ing with fiicn would give a system always of the 



1. (AristiuVs. p. 19.)— 2. (Vid. Dehn, Theoretisch-praktis-.hs 

Harraoiueleh.e, p. 67, 68.)— 3. (Euclid, r- 14.) 

647 



MUSIC. 



MUSIC. 



same speci 3S Possibly the author of the Problemata 
does not use the term p.£on in the same sense as 
Euclid. 

However, it is certain that the seven species of 
the octachord above described were anciently (imb 
rtiv dpxaiuv 1 ) denoted by the names Mixolydian, 
Lydian, Phrygian, Dorian, Hypolydian, Hypophrygi- 
an, and Hypodorian ; and it seems likely that they 
always differed in pitch as well as species, the Mix- 
olydian being the highest and the Hypodorian the 
lowest. Hence it is conjectured that there were 
originaliy only three modes, corresponding to the 
three species of tetrachord, and that these were 
the Dorian, Phrygian, and Lydian ; because the 
octachord in each of these three modes is made up 
of two similar disjunct tetrachords, which are of 
the first species in the Dorian, the second in the 
Phrygian, and the third in the Lydian. 

Aristides describes also six enharmonic modes of 
very ancient origin {ale ol navv nakaibiaroi irpbc 
rac upfioviae tcexpnvrai 2 ), consisting of different spe- 
cies of octachords, and quotes the well-known 
passage in Plato 3 as referring to them. The order 
of the intervals is given as follows (see the notes 
0/ Meibomius upon the passage) 



Lydian . . 


i, 


2, 


1, 


JL 

45 


i, 


2, 


i. 


Dorian . . 


1, 


i, 


h 


2, 


1, 


h 


4", 


Phrygian 


1, 


1 


1 

4? 


2, 


1, 


1 

4j 


1 
4> 


Iastian . . 


i 


X 
4> 


2, 


lh 


1. 






Mixolydian . 


1 

4> 


X 

4> 


1, 


1, 


1 

4> 


1 
4> 


3. 


Syntonolydian 


h 


h 


2, 


lh 


2. 






It will be observed that these scales do i 



2. 
1. 



not all 

comprehend exactly an octave ; and none of them, 
except the Lydian, is coincident with any part of 
the avarn/Lta a/ueTudoXov. That systems were not 
always restricted to the immutable form, is proved 
'/y what Euclid says of compound systems, with 
nore than one /uean. None of these scales is de- 
cidedly unnatural, except, perhaps, the Mixolydian. 
Of course it is impossible to recognise their charac- 
ters as described by Plato, in the absence of exam- 
ples of their application in actual melody. Their 
principal interest, therefore, consists in the evidence 
which they afford of the antiquity of enharmonic sys- 
tems, i. e., of systems formed by omitting certain 
sounds of the diatonic scale. For, unless we take 
this view of them, and consider the quarter tones 
as unessential additions, it seems quite impossible 
tr understand how they could be used at all. 

The difference of species, considered as the char- 
acteristic distinction of modes, is evidently spoken 
of as a thing antiquated and obsolete, not only by 
Aristides (who was certainly later than Cicero*), 
but also by Euclid. As to Aristoxenus, the frag- 
ments'which remain of his writings contain no al- 
lusion to such a distinction at all. In his time, it 
appears that the number of modes was thirteen ; 
and later writers reckon fifteen. 5 The descriptions 
of these fifteen modern modes are very scanty, but 
they indicate pretty plainly that they were nothing 
more than transpositions of the greater perfect sys- 
tem; their names were Hypodorian, Hypoiastian, 
Hypophrygian, Hypoaeolian, Hypolydian, Dorian, 
lasi'an, Phrygian, iEoli an, Lydian, Mixolydian, Hy- 
perhstian, Hyperphrygian, Hyperaeolian, Hyperlyd- 
ian. The Hypodorian was the lowest in pitch, and 
the rrpo(y?iau6avbfievoL of the others were successive- 
ly higher by a semitone ; and only that part of each 
scale was used which was within the compass of 
the voice. It seems likely that the ancient modes 
mentioned by Euclid, and described above, consist- 
ing of octachords taken, as regards their species, 
from different parts of the ovar-nua ufierudoAov, 
would, as regards pitch, be each so placed as to lie 



1. (Eucl., p. 15.)— 2. (p. 21.)— 3. (Rep., iii. 
70)— 5. (End., p. 19.— Aristid., p. 23,24.) 
648 



10.)— 4. {Vid. p. 



between virdrn p.eou>v and v-rjrn dte&vy/Litvuv ol tnfl 
modern mode of the same name. For they cer- 
tainly did always differ in pitch, as the name rbvot, 
shows ; and there is no reason to believe that their 
relative position was ever changed : the system of 
notation, moreover, confirms this supposition. But 
for details on this subject we must refer to the dis- 
sertation of Bockh, 1 where it is treated at length. 
The only important results, however, are, first, that 
the modes did anciently differ in species; secondly, 
that in process of time this difference either dis- 
appeared entirely, or ceased to be their distinguish- 
ing mark ; and, thirdly, that their general pitch was 
always different. The ideas conveyed by these gen- 
eral assertions of the real character and effect of 
the Greek music are excessively vague and unsatis- 
factory, but an examination into particulars does 
not tend to make them at all more definite or clear. 
There can be little doubt that different rhythms 
and degrees of slowness or quickness, as well as 
different metres and styles of poetry, would soon be 
appropriated to the modes, so as to accord with their 
original musical character ; and these differences 
would in time naturally supersede the old distinction 
of species, and come to be looked on as their char- 
acteristic marks : so that, at length, all the species 
might even be used in each mode, for the sake of 
additional variety. With regard to the poetry, in- 
deed, it is certain that particular measures . were 
considered appropriate to different modes, 2 and it 
has even been attempted to divide Pindar's Odes 
into Dorian, ^Eolian, and Lydian. 3 The rhythm of 
the music must have depended chiefly, if not entire- 
ly, upon that of the words, or else have been of a 
very simple and uniform character, since there is 
no mention of a notation for it as distinct from the 
metre of the poetry. Probably, therefore, nothing like 
the modern system of musical rhythm existed ; and, 
if so, this must have formed one of the most essential 
points of difference between the ancient and modern 
music. How the rhythm of mere instrumental mu- 
sic was regulated, or what variety it admitted, does 
not appear. There is no reason, however, to be- 
lieve that music without words was practised to 
any extent, though it was certainly known ; for 
Plato speaks with disapprobation of those who used 
p.iXoc nai pvdfibv avev pn/J,dro)v, ipL?iy KiBapiaei re icac 
av?ii]OEL 7vpooxpup-evoi* and others mention it. 5 

On the last two of the heads enumerated in divi- 
ding the whole subject, very little real information 
can be obtained. In fact, they could not be intelli- 
gibly discussed without examples, a method of illus- 
tration which, unfortunately, is never employed by 
the ancient writers. MeraSoXi/ was the transition 
from one genus to another, from one system to an- 
other (as from disjunct to conjunct, or vice versa), 
from one mode to another, or from one style of mel- 
ody to another, 6 and the change w r as made in the 
same way as in modern modulation (to which pera 
6olrj partly corresponds), viz., by passing through 
an intermediate stage, or using an element common 
to the two extremes between which the transition 
was to take place. 7 

MeAoTroua, or composition, was the application of 
use of all that has been described under the prece- 
ding heads. This subject, which ought to have 
been the most interesting of all, is treated of in 
such a very unsatisfactory way, that one is almost 
forced to suspect that only an exoteric doctrine is 
contained in the w T orks which have come down to 
us. On composition properly so called, there is no- 
thing but an enumeration of different kinds of se- 
quence of notes, viz. : 1. dyuyij, in which the sounds 



1. (iii., 8.)— 2. (Plat. 
— 4. (Leg., ii-, p- 669 )- 
7. (Vid. Euclid. 21. , 



.Leg., ii., p 67C .;— 3. (Bockh, iii., 15.) 
-5. (BiickJi <i., 11.)— 6. (Eucl., 80 » - 



MUSIC. 



MUSIC. 



followed one another in a regular ascending or de- 
scending order ; 2. itXoktj, in which intervals were 
taken alternately ascending and descending ; 3. 
■n-eTTeia, or the repetition of the same sound several 
times successively ; 4. rovf/, in which the same 
sound was sustained continuously for a considera- 
ble time. 1 Besides this division, there are several 
classifications of melodies, made on different prin- 
ciples. Thus they are divided according to genus, 
into diatonic, &c. ; according to mode, into Dori- 
an, Phrygian, &c. ; according to system, into grave, 
acu'.e, and intermediate (viraToetdf/c, vnToei6i'ic, /ue- 
coudr;;). This last division seems merely to refer 
to the general pitch of the melody ; yet each of the 
three classes is said to have a distinct turn (Tpoiroc), 
the grave being tragic, the acute nomic (vo/undg), 
and the intermediate dithyramlic. Again, melody 
is distinguished by its character (/jdoc), of which 
three principal kinds are mentioned, diaGTaXrinov, 
cvaraX-iKov, and yavxaariKov, and these terms are 
respectively explained to mean aptitude for ex- 
pressing a magnanimous and heroic, or low and ef- 
feminate, or calm and refined character of mind. 
Other subordinate classes are named, as the erotic, 
epithalmian, comic, and encomiastic. 2 No account 
is given of the formal peculiarities of the melodies 
distinguished by these different characters, so that 
what is said of them merely excites our curiosity, 
without tending in the least to satisfy it. 

The most ancient system of notation appears to 
have consisted merely in the appropriation of the 
letters of the alphabet to denote the different sounds 
of the scale ; and the only alteration made in it 
was the introduction of new signs, formed by ac- 
centing letters, or inverting, distorting, and mutila- 
ting them in various ways, as the compass of the 
scale was enlarged. A great, and seemingly unne- 
cessary, complexity was caused by the use of two 
different signs for each sound ; one for the voice, 
and the other for the instrument. These two signs 
were written, one above the other, immediately 
over the syllable to which they belonged. They 
are given by several of the Greek writers, but most 
fully by Alypius. The instrumental signs appear 
to have been chosen arbitrarily ; at least, no law is 
now discoverable in them : but the vocal (which 
were probably more ancient) follow an evident or- 
der. The sounds of the middle part of the scale 
are denoted by the letters of the Ionian alphabet 
(attributed to Simonides) taken in their natural or- 
der ; and it is remarkable that these signs would 
be just sufficient for the sounds comprised in the 
six modes supposed to be the most ancient, if the 
compass of each were an octave, and they were 
pitched at intervals of a semitone above one anoth- 
er. Accented or otherwise altered letters are given 
to the higher and lower sounds. To learn the 
6ystem perfectly must have required considerable 
labour, though its difficulty has been much exag- 
gerated by some modern writers. 3 A few speci- 
mens of Greek melody expressed in the ancient no- 
tation have come down to us. An account of them 
may be found in Burney,* where they are given in 
modern notes with a conjectural rhythm. The 
^est of them may also be seen in Bockh 6 with a 
different rhythm. It is composed to the words of 
;he first Pythian, and is supposed by Bockh to be 
•certainly genuine, and to belong to a time earlier 
than the fifteen modes. Its merits have been very 
variously estimated ; probably the best that can be 
said of it is, that no certain notion can now be ob- 
tained of its real effect as anciently performed. 

It has long been a matter of dispute whether the 
ancients practised harmony, or music in parts. We 

1 (Euclid, 22.)— 2. (Euclid, 21. — Aristid.. 29.1—3 (Yid. 
BOckh, iii-, 0.)— 4 'yvL i.. p. 83.)— 5 (iii. 12.} 
1*1 



believe there are no sufficient grounds for supposing 
that they did. The following are the facts usually 
appealed to on each side of the question. In the 
first place, the writers who professedly treat of mu- 
sic make no mention whatever of such a practice ; 
this omission constitutes such a very strong prima 
facie evidence against it, that it must have settled 
the question at once but for supposed positive evi- 
dence from other sources on the other side. It is 
true that /xeloTzoua, which might have been expect 
ed to hold a prominent place in a theoretical work, 
is dismissed very summarily ; but still, when the 
subjects which ought to be explained are enumera- 
ted, fieloTToua is mentioned with as much respect 
as any other, while harmony is entirely omitted. In 
fact, there seems to be no Greek word to express 
it ; for dpfiovla signifies a well-ordered succession 
of sounds, 1 and cvfupwia only implies the concord 
between a single pair of sounds, without reference 
to succession. That the Greek musicians were ac- 
quainted with cv/Mpiovia is proved by many passa- 
ges, though we are not aware that they ever men- 
tion the concord of more than two sounds. But the 
subject of concord, so long as succession is not in- 
troduced, belongs rather to acoustics than to music. 
There is, however, a passage, 2 where succession of 
concords is mentioned : Ata t'l 77 6iu iracuv cvfi^a- 
via adeTau fiovn ; /layadi^ovac yap ravrnv, uXkrjv 6i 
ov6efj.Cav. Mayadifriv signified the singing or play- 
ing in two parts at an interval of an octave ; and 
the word is derived from fiayadic, the name of a 
stringed instrument which had sufficient compass 
to allow a succession of octaves to be played on it. 
(This practice of magadizing could not fail, of 
course, to arise as soon as men and women at- 
tempted to sing the same melody at once.) The ob- 
vious meaning of the passage, then, is, that since 
no interval except the octave could be magadized 
(the effect of any other is well known to be intoler- 
able), therefore no interval was employed at all; 
implying that no other kind of counterpoint than 
magadizing was thought of. But the words are 
certainly capable of a somewhat milder interpreta- 
tion. 

In the next place, the constitution of the scale 
was, as has been seen, very unfit for harmony, the 
beauty of which depends so essentially upon the 
use of thirds. The true major third was either not 
discovered or not admitted to be consonant till a 
very late period, Ptolemy being the earliest extant 
author who speaks of the minor tone; 3 a fact which 
is so extraordinary and so contrary to all that could 
have been anticipated, as to destroy all confidence 
in any a priori reasonings on the subject, and to ex- 
clude all but actual evidence on either side. The 
positive evidence in favour of the existence of 
counterpoint consists chiefly in certain indications 
of two modes having been sometimes used at once 
Thus the expression in Horace, 4 

" Sonante mistum tibiis carmen lyrd 
Hac Dorium, Mis barbarmn," 

is interpreted to mean that the lyre was played in 
the Doriart mode, and the tibia in the Lydian; so 
that, if the ancient Dorian and Lydian octave were 
employed, the former beiug of the fourth species, 
while the latter was of the second, and pitched two 
tones higher, the series of intervals heard would 
consist of fourths and major thirds, or, rather, 
double tones. 
Again, there are passages such as, 

Alo2.evc ICaive Aupiav KtXevdov v/nvuv,* 

which are supposed to indicate that poetry written 

1. ^id. Burney, i., 131.)— 2. (Arist., Probl., xix., 18.)— 3. 
(Vid. Bui?*>v, i., 448.)— 4. (Epod., ix., 5.)— 5. (Quoted from 
Pindar \r <--» scholiast on Pvth., ii., 127.) 

649 



MUSIC. 



MUSIC. 



m one mode, and sung accordingly, was accompa- 
nied by instruments in another. For a view of tho 
most that cau be made of such arguments, s©3 
Bockh, iii., 10. Our knowledge of the real use of 
the modes is so very imperfect, that not much reli- 
ance can be placed on them ; and, at any rate, they 
would only prove the existence of a kind of maga- 
dizing, modified by taking scales of different (in- 
stead of the same) species for the two parts, so as 
to avoid the succession of intervals absolutely the 
same. This would certainly be the very lowest 
kind of counterpoint; but if anything more had 
been practised, it would be absolutely impossible to 
account for the utter silence of the theoretical wri- 
ters, which is all but fatal, even to such a limited 
hypothesis. It is only necessary to add that the 
influence of instruments upon the development of 
the art ought to be kept in view in considering this 
question. The Greeks had only two kinds of in- 
strumental music, av'kvaiQ and Kiddpcaic. The av- 
Aof was always a pipe pierced with holes, so as to 
have an artificial scale. The simple tube or trum- 
pet does not appear to have been used as a musical 
instrument, so that the scale of natural harmonics 
was probably unknown ; and this may partly account 
for the major third escaping observation. And 
anything like the modern system of harmony could 
probably no more have been invented without the 
assistance of keyed instruments, than the Elements 
of Euclid could have been composed in the total 
absence of drawing materials. For a fuller ac- 
count of ancient musical instruments, see Bockh, 
iii., 11. 

The chief authorities on the subject of this article 
are the " Antiquae Musicse Auctores Septem," viz., 
Aristoxenus, Euclid, Nicomachus, Alypius, Gauden- 
tius, Bacchius, Aristides Quintilianus, and Marti- 
anus Capella, edited by Meibomius, in one volume 
(Amsterdam, 1652), to the pages of which the pre- 
ceding quotations refer; the Harmonics of Ptol- 
emy (with an Appendix by Wallis, Op. Mathemat., 
torn, iii.) ; the Dialogue of Plutarch, and a section 
of the Aristotelic Problemata ; Burney, History 
of Music; Bockh, De Metris Pindari; Drieberg, 
Musikalische Wissenschaften der Griechen, and Auf- 
schlusse uber die Musik der Griechen ; Bode, Gesch. 
der Lyrisch. Dichtkunst der Hellenen (Lips., 1838.) 

MUSIC (ROMAN). It may well be believed, that 
in music as in the other arts, the genius of Greece 
had left little for Romans to do but admire and im- 
itate. Yet we must not forget that another ele- 
ment had been introduced into the arts of Rome, 
as well as into her language and government ; one 
which was derived from Etruria, and partook of an 
Oriental character. Every species of musical in- 
strument found on Greek works of art is found also 
on Etruscan. No doubt the early Roman music 
was rude and coarse ; still, from the most ancient 
times, mention is made of hymns and flutes in their 
triumphal processions : so Servius, in his comitia, 
made two whole centuries of cornicines and tibi- 
cines ; and the Twelve Tables allowed at funerals 
ten players on the flute, and enjoined that "the prais- 
es of great men should be sung in mournful songs 
(nenice) accompanied by the flute." 

The year B.C. 365 marks an era in Roman music 
by its adaptation to theatrical amusements. It is 
in this year we find mention of a lectisterniwn, at 
which actors were first brought from Etruria, who, 
without verses, danced in dumb show to the sound 
of the flute. Some time later Livy 1 mentions a cu- 
rious tale of the desertion of certain Roman flute- 
players, who were only brought back by an amu- 
sing stratagem. We learn from Valerius Maximus 3 
that the Roman flute-players were incorporated into 



650 



1. (ix., 30.)— 2. (ii., 5.) 



a college, and Ovid, 1 speaking of then importance, 

says, 

" Temporibus veterum tibicinis usus avorum 
Magnus, et in magno semper honor e fuit .- 
Cantabat fanis, cantabat tibia ludis, 
Cantabat mosstis tibia funeribus." 
Nero, as Suetonius 3 tells us, played on the flute, 
and came in a sort of triumphal procession through 
Italy, bearing the spoils he had won in 1800 musi- 
cal contests. The same writer informs us, that the 
emperor, to preserve his voice, used to lie on his 
back with a thin plate of lead on his stomach ; that 
he took frequent emetics and cathartics, and at last 
transacted all business in writing. 

There does not appear to be any trace of a Roman 
musical system entirely distinct from the Greek. 
A passage in Cicero would lead us to suppose that 
the laws of contrast, of light and shade, of loud and 
soft, of swelling and diminishing, were understood 
by the Romans, 3 and another passage from Apulei- 
us decidedly proves that the Romans had instru* 
mental music distinct from their vocal ; on both of 
which points there is no clear evidence to decide 
the question with reference to the Greeks. Still 
the Roman musical writers, as St. Augustin, Ma- 
crobius, Martianus Capella, Cassiodorus, and Boe- 
thius (all of whom flourished between the fourth 
and sixth centuries of the Christian era), did no- 
thing to improve the science of music, and were lit- 
tle more than copyists of their Greek predecessors. 
The great improvement which the Romans intro- 
duced (rather a practical than a theoretical one) 
was a simplification of the musical nomenclature, 
effected by rejecting the arbitrary signs in use 
among the Greeks, and substituting for them the 
first fifteen letters of the Roman alphabet. 4 This 
simplification they were enabled to make by a re- 
duction of the modes : indeed, it seems very proba- 
ble that this complicated system had in practice en- 
tirely fallen into disuse, as we know that the dia- 
tonic genus had usurped the place of the two other 
genera. (Vid. Music, Greek.) 

Of all Latin authors, Boethius gives the most 
profound account of the subject. His work is a 
carrying out of the old Pythagorean system, and is 
a mere abstract speculation on the nature of music, 
which, viewed as one of the quadrivium, or four 
mathematical sciences, has its foundation in num- 
ber and proportion. A full analysis of the work 
may be seen in Hawkins. 5 It contains, 1st, an 
investigation into the ratios of consonances; 3d, 
a treatise on several kinds of proportion ; 3d, a 
declaration of the opinions of different sects with 
respect to the division of the monochord and the 
general laws of harmony. 

Before this time, St. Ambrose had introduced the 
practice of antiphonal singing in the church at Mi- 
lan. Of the nature of the Ambrosian chant we 
only know that it consisted in certain progressions, 
corresponding with different species of the diapason. 
It is described as a kind of recitation, more like 
reading than singing. 

It was by St. Gregory the Great that the octave 
was substituted for the tetrachord as the funda- 
mental division of the scale. The first octave he 
denoted by capital letters, A, B, C, &c. ; the second 
by small letters, a, b, c, &c. ; and when it became 
necessary to extend the system, marked the third by 
small letters doubled, aa, bb, &c. There is no 
proof that the Romans, any more than the Greeks, 
had any notation with reference to time. Where 
vocal music was united with instrumental, the time 
was marked by the metre of the song : the want 
of a notation of time would make us doubt whether 



1. (Fast., vi., 657.)— 2. (Nero, 24.)— 3. 
(Hawkins, vol. i., p. 279.)— 5. (i., p. 338.) 



)— 3. (De Chat., iii., 44.)— 4 
238.) 



MUTTJUM. 



MYSTAE. 



any hue a very simple style of merely instrumental 
muiiic prevailed among them. 1 

For a general account of ancient music, the read- 
er is referred to the previous article. 

MUSrVUM OPUS. (Vid. House, Roman, p. 
520.) 

*MUSMON Qiovo/iuv), an animal noticed by 
Strabo, and said to be engendered between a she- 
goat and a ram. Otbers held it to be what is now 
called the Mouffle of Sardinia and of Corsica, the ori- 
ginal of our sheep, or, according to Aldrovandi, the 
Spanish Sheep. 2 

MUSTAX (jivcTaZ), Mustaches. The different 
parts of the beard (vid. Barba) had different names, 
which also varied with its age and appearance. 
The young beard, first appearing on the upper lip, 
was called vTrrjvn, or vktjvtj irpcorn, 3 and the youth 
just arrived at puberty, who was graced with it, 
was Tzpurov vnrjvfjTrjs* By its growth and dev- 
elopment it produced the mustaches, which the 
Greeks generally cherished as a manly ornament. 5 
To this practice, however, there seems to have 
been one exception. The Spartan Ephori, when 
they wer° inducted, made a proclamation requiring 
the people k to shave their mustaches and obey 
the laws." For what reason they gave the former 
command does not appear. 6 

*MUSTE'LA (yalr)), the Weasel. Pliny speaks 
of two kinds, the tame or domestic, answering to 
I he yahf/, and the wild, or iktic. " There is consid- 
erable difficulty, however," remarks Adams, " in 
determining exactly what the Ictis of the Greeks 
and Romans was. Schneider, in his commentary 
on Nicander, pronounces it to be the Ferret ; but in 
his edition of Aristotle's Natural History, he de- 
cides, upon the authority of Cetti, an Italian, that 
the Ictis is a peculiar species of the Ferret, which 
the Sardinians call Boccamelc, namely, the Mustela 
fxroy 

MUTATIO'NES. (Vid. Mansio.) 

MU'TUUM. The mutui datio is mentioned by 
Gaius as an instance of an obligatio " qua, re con- 
trahitur." It exists when things " qua ponder e nu- 
mtro mtnsurave constant" as coined money, wine, 
oil, corn, aes, silver, gold, are given by one man to 
another so as to become his, but on the condition 
that other things of a like kind shall be returned. 
If the condition is that the same thing shall be re- 
turned, it is not mutuum. (Vid. Commodatum.) 
Inasmuch as the thing was in this case so given as 
to become the property of the receiver, the Roman 
jurists were led to the absurdity of saying that mu- 
tuum was so called for this reason (quod ex meo tuum 
fit). This contract was the foundation of a certi 
condictio to the lender, provided he was the owner 
of the things, and had the power of alienation : 
otherwise he had no action till the things were con- 
sumed. If the borrower lost the things by any acci- 
dent, as fire, shipwreck, &c, he was still bound : 
the reason of which clearly was, that by the mutui 
daiio the things became his own. The lender could 
have no interest from the borrower, unless interest 
had been agreed on, or unless there was delay in 
returning the thing. The borrowing by way of mu- 
tuum and at interest are opposed by Plautus. 8 The 
senatus consultum Macedonianum did not allow a 
right of action to a lender against a filiusfamilias 



1. (Hawkins's History of Music, vol. i. — Burney's History of 
Music, vol. i.)— 2. (Adams, Append., s. v.)— 3. (Diod. Sic, v., 
28.— Philostr., Sen. Im., i., 30.— Id. ib., ii., 7, 9.)— 4. (Horn., II., 
xxiv., 348.— Od., x., 279.— Schol. in loc— Brunck, Anal., iii., 44. 
— .Elian, V. H, x., 18.— Plat., Protag-.)— 5. (Theocrit.,xiv., 4.— 
Antiphanes, ap. Athen., iv., 21.— Pollux, Onom., ii., 80.— Id.ib., 
x., 120.)— 6. (Plut., De Sera Num. Vind., p. 976, ed. Steph.— 
Proclus in Hes., Op. et D., 722.— Miiller, Dor., iii., 7, $ 7.— Id. 
id., iv., 2, $ 5.— Becker, Cbarikles, ii., p. 391.)— 7. (Adams, Ap- 
pend., s. v. iKTti.)— 8. (Asin., i., 3, 95.) 



to whom he had given money " mutua," e\en aftei 
the death of the father. 1 

X MYAGRUM (fivaypov), a plant, which Hardoum 
and Stephens refer to a species of Camelina, and 
which Sprengel, accordingly, holds to be the Cam- 
elina saliva, Crantz. The English name for the My- 
agrum of Linnaeus is, according to Adams, " Gold 
of Paradise," and Hooker, he says, calls this plant 
the Camelina saliva. 3 

*MYAX (fiva.%), a term applied more especially to 
the Mytilus edulis, or common Mussel, but which 
appears to have a more extensive application. 3 

*MYLLE (fiv?uat). " The Pyritce and Molares," 
says Sir John Hill, " are masses of mineral, saline, 
and sulphureous matter, either in detached pieces 
of different figures and textures, or in whole veins.' : 
They also, as Adams remarks, often contain gold,, 
silver, copper, and iron in small quantities.* 

*MYOPS (/ivoxjj). (Vid. CEstrus.) 

*MYOSO'TIS (fivbc brig), a plant, of which Dies- 
corides describes two species. The first of these 
Sprengel supposes to have been the Parietaria Cre- 
tica. The other he decides to be the well-known 
plant called " Forget-me-not," or Myosotis palustris. 1 

*MYRICA (fivpiKv), the Tamarisk. " Stack- 
house," observes Adams, " sets down the /uvpinn of 
Theophrastus as being the Myrica cordifolia. Spren- 
gel, Schneider, and Dierbach agree in holding it to be 
the Tamarir. Gallica, or French tamarisk-tree. Lin- 
naeus makes a distinction between the Myrica and 
Tamarix, although Pliny had acknowledged them as 
synonymous. Damra contends that the notices of 
the fivpiKj) in Homer indicate that it must have been 
' arboris speciem non nimis }iumilem.'' I can find 
nothing, however, in these passages of Homer 
which would lead me to doubt of its applicability to 
the French tamarisK, a shrub which grows to about 
20 feet in height." 6 

♦MYRMEX (fj.vpfj.ritD, a term applicable both to 
the Formica fusca, or common Ant, and to the For- 
mica rufa, or Pismire. Dodwell gives an interesting 
account of the Herculean Ant, with which the gar- 
dens at Athens abound, and which are employed as 
a means of exterminating the small red ant that in- 
fest the orange and lemon trees. 7 

*MYRUS (fivpoc), the Myrana Myrus, or M. 
ophis, L., a species of Murey or Eel. Rondelet 
says it wants the spots and scales of the Muraena : 
this accords with Aristotle's description of it. 8 

MYS'IA (M.vaia), a festival celebrated by the in- 
habitants of Pellene, in Achaia, in honour of Deme- 
ter Mysia. The worship of this goddess was intro- 
duced at Pellene from a place called Mysia, in the 
neighbourhood of Argos. 9 The festival of the 
Mysia near Pellene lasted for seven days, and the 
religious solemnities took place in a temple sur- 
rounded by a beautiful grove. The first two days 
men and women took part in the celebration to- 
gether ; on the third day the men left the sanctuary, 
and the women, remaining in it, performed during 
the night certain mysterious rites, during which not 
even male dogs were allowed to remain within the 
sacred precincts. On the fourth day the men re- 
turned to the temple, and men and women now re- 
ceived each other with shouts of laughter, and as- 
sailed each other with various railleries. 10 Othei 
particulars are not known. 

MYSTAE (fivaraL). {Vid. Eleusinia.) 



I. (Gaius, iii., 90.— Dig. 12, tit., 1, " De Rebus Creditis.")— 
2. (Dioscor., iv., 115. — Flora Scotica, p. 198. — Adams, Append.. 
8. v.)— 3. (Aristot., H. A., iv., 4.)— 4. (Hill ad Theophrast., De 
Lapid., c. 19. — Adams, Append., s. v.) — 5. (Dioscor., ii., 214.) — 6. 
(Theopbrast., H. P., i., 15. — Dioscor., i., 116. — Damra, Lex 
Horn. — Horn., II., 6, 39, &c. — Adams, Append., s. v.) — 7. (Dod 
well's Tour, vol. ii., p. 47.)— 8. (Aristot., H. A., v., 11.— Schnei 
der ad JE1., N. A., xiv., 15. — Adams, Append , s. v.) — 9. (Paua 
u., 18, v 3.)— 10. (Paus., vii., 27, t> 4.) 

651 



MYSTERIA. 



MYSTRUM. 



MYSTE'RIA. As each mjstery or mystic festi- 
val is described in a separate article, a few gener- 
al observations will only be required under this 
he ad. The names by which they were designated 
in Greece are fivarijpia, reXerai, and opyta. The 
name bpyia (from eopya) originally signified only 
sacrifices accompanied by certain ceremonies, but 
it was afterward applied especially to the cere- 
monies observed in the worship of Dionysus, and, 
at a still later period, to mysteries in general. 1 
Teherrj signifies, in general, a religious festival, 3 but 
more particularly a lustration or ceremony per- 
formed in order to avert some calamity either pub- 
lic or private. 3 Mvarr/ptov signifies, properly speak- 
ing, the secret part of the worship, but it was also 
used in the same sense as teIett), and for mystic 
worship in general. 

Mysteries, in general, may be defined as sacrifices 
and ceremonies which took place at night, or in se- 
cret, within some sanctuary, which the uninitiated 
were not allowed to enter. What was essential to 
them were objects of worship, sacred utensils, and 
traditions with their interpretation, which were 
withheld from all persons not initiated. We must, 
however, distinguish between mysteries properly so 
called, that is, such in which no one was allowed to 
partake unless he had undergone a formal initiation, 
and the mystic ceremonies of certain festivals, the 
performance of which, though confined to particular 
classes of persons or to a particular sex, yet did not 
require a regular initiation. Our attention in this 
article will be confined to the mysteries properly so 
c.illed. 

It appears to have been the desire of all nations 
of antiquity to withhold certain parts of their reli- 
gious worship from the eyes of the multitude, in or- 
der to render them the more venerable. 4 But that 
the ancient mysteries were nothing but the imposi- 
tions of priests, who played upon the superstitious 
and ignorant, is an opinion which, although enter- 
tained by Limburg-Brouwer, the latest writer on the 
subject, 4 certainly cannot satisfy those who are ac- 
customed to seek a more solid and vital principle in 
all religious institutions that have ever had any last- 
ing influence upon mankind. The persons united 
and initiated to celebrate the mysteries in Greece 
were neither all priests, nor did they belong to the 
ignorant and superstitious classes of society, but 
they were, on the contrary, frequently the most dis- 
tinguished statesmen and philosophers. It has been 
remarked under Eleusinia (p. 396), that it is far 
more probable that the mysteries in the various 
parts of Greece were remains of the ancient Pe- 
lasgian religion. The associations of persons for 
the purpose of celebrating them must therefore have 
been formed at the time when the overwhelming 
influence of the Hellenic religion began to gain the 
upper hand in Greece, and when persons who still 
entertained a reverence for the worship of former 
times united together, with the intention of preserv- 
ing and upholding among themselves as much as 
possible of the religion of their forefathers. It is 
natural enough that they formed themselves, for this 
purpose, into societies, analogous to the brother- 
hoods in the Church of Rome, 6 and endeavoured to 
preserve against the profanation of the multitude 
that which was most dear to them. Hence the se- 
crecy of all the Greek mysteries, and hence the fact 
that the Greek mysteries were almost invariably con- 
nected with the worship of the old Pelasgian divin- 
ities. The time when mysteries were established 
as such must have been after the great changes and 

1. (Lobeck, Aglaophamus, i., p. 305.) — 2. (Aristot., Rhet., ii., 
24.— Pind., Nem., x., 63.)— 3. (Plato, De Rep., ii., p. 264, E.)— 
4. (Strabo, p. 717.)— 5. (Histoire de la Civilisation Morale et R&- 
lig- des Grecs, torn, i v., p. 199.) — 6. (Porphyr., De A >atin., 

652 



disturbances produced by the Doiian migration, al- 
though tradition referred their institution to Orph- 
eus, the Curetes, the Idaean Dactyles, Dionysus, &c, 
who belong to a much earlier period. These tradi- 
tions, however, may in so far be regarded as true, 
as the mysteries were only a continuation and prop- 
agation of the ancient religion. It must, however, 
be admitted, that in subsequent times new elements 
were added to the mysteries which were originally 
foreign to them. The development of philosophy, 
and, more especially, the intercourse with the East 
and with Egypt, appear to have exercised a consid- 
erable influence upon their character. 

The most celebrated mysteries in Greece were 
those of Samothrace and Eleusis. (Vid. Cabeiria, 
Eleusinia.) But several other places and divini- 
ties had their peculiar mysteries, e. g., the island of 
Crete those of Zeus -, 1 Argolis those of Hera ;' 
Athens those of Athena and Dionysus 3 (vid. Dio- 
nysia) ; Arcadia those of Artemis ; 4 JEg'ma those 
of Hecate. 5 But not only the worship of the great 
gods, but also that of some ancient heroes was con- 
nected with mysteries. 6 

The benefits which the initiated hoped to obtain 
were security against the vicissitudes of fortune, 
and protection from dangers both in this life and in 
the life to come. The principal part of the initia- 
tion, and that which was thought to be most effica- 
cious in producing the desired effects, were the lus- 
trations and purifications, whence the mysteries 
themselves are sometimes called KaQdpaia or na- 
dapnoi. 

Offences against and violations of the mysteries 
were at Athens under the jurisdiction of the archon 
king, and the court, in such cases, only consisted of 
persons who were themselves initiated (fie t uv7]fi£VQi). 
and were selected from the heliastee for the pur- 
pose. 7 Even in cases which were brought before 
an ordinary court, the judges were only initiated 
persons, if the case had any connexion with the 
mysteries. 8 That no one but the initiated might 
hear the transactions in such a case, the court was? 
surrounded by public slaves, to keep all profane per- 
sons at a distance. 9 

The Roman religion had no such mysteries as 
that of the Greeks, but only mystic rites and cere- 
monies connected with the celebration of certain 
festivals. The Bacchanalia were of foreign origin, 
and of short duration. (Vid. Dionysia.) 

A very full account of the Greek mysteries is 
given by Limburg-Brouwer, Hist, de la Civilisat. 
Mor. et Relig. des Grecs, torn, iv., p. 180-415, and 
chapter xxvi. of the same work contains a useful 
survey of the various opinions upon the subject 
which have been entertained by modern scholars 
and philosophers. 

*MYSTICE / TUS (fivariicrfToc). " This term oc- 
curs in the common editions of Aristotle's Natural 
History, and hence Linnaeus calls the common 
whale BalcBna Mysticetus. Schneider, however, 
reads five to ktjtoc. It is the Musculus of Pliny. 10 

MYSTRUM (fivarpov), a Greek liquid measure, 
of which there were two sizes, called the large and 
small mystrum. The small, which was the more 
common of the two, was J^ tn of the cotyla, and ^th 
of the cyathus, and therefore contained 0208 of an 
English pint. 11 Galen adds that the. smaller mys- 
trum contained 2£ drachms ; that the larger was T ^th 
of the cotyla, and contained 3£d drachms ; but that 
the most exact mystrum (to dcKatoTarov /ivcTpov) 




NAVARCHUS. 



NAUCkaKIA. 



held 8 scruples, that is, 2§d drachms. According to 
this, the small mystrum would be fths of the larger. 
But in the 13th chapter of the same fragment he 
makes the large mystrum ^-^d of the cotyla, and the 
small mystrum ^th of the large. In c. 4 he makes the 
large mystrum =3 oxybapha, and the small =lgd. 
Cleopatra makes the large ^-^th of the cotyla, the 
small =J*&. % 

•MYZQN or MYXON (jivtuv, fivfrv), a variety 
of the Mullet. Artedi calls it Chylon Myxo an- 
thorum. 3 



N 

N^E'NIA. (Vid. Funus.p. 459.) 

♦NAPY (vukv), a term applied by Theophrastus, 
Galen, and others to the Sinapis nigra, or common 
Mustard. Dr. Milligan, however, in his edition of 
Celsus, sets it down for the Sinapis alba, or White 
Mustard. 3 

♦NARCISSUS (vdpnio-ooc), a plant. The name 
is especially referable to the Narcissus poeticus, or 
Daffodil, but it was most probably applied on some 
occasions to other species. 4 

♦NARDUS (vdpdoc). " By Nard," says Dr. Har- 
ris, " was meant a highly aromatic herb, growing 
in the Indies, and called Nardostachys by Dioscori- 
des and Galen." It is fully described by Moses 
Charras. " That the ancient Nards were Valeri- 
ans, is now," remarks Adams, " universally admit- 
ted. Sprengel shows that the Indian Nard of the 
ancients was the species of Valerian called Patri- 
nia Jatamansi, Don. The vdpdoc KeXtlkti is refer- 
able to the Valeriana Celtica and Saliunca, All. The 
vdpdoc bpeia is the species now called Valeriana tu- 
lerosa. Tournefort named it V. maxima Pyrena- 
f,:a." 5 

*NARCE (vdpun). (Vid. Torpedo.) 

♦NARTHEX. (Vid. Ferula.) 

NATALI'TII LUDI. (Vid. Ludi Natalitii.) 

NATA'LIBUS RESTITUTIO. (Vid. Ingenui.) 

NATA'TIO, NATATO'RIUM. (Vid. Baths, p. 
148). 

NAVA'LIA were docks at Rome where ships 
were built, laid up, and refitted. They were at- 
tached to the emporium outside of the Porta Tri- 
gemina, and were connected with the Tiber. 6 The 
emporium and navalia were first included with- 
in the walls of the city by Aurelian. 7 

The docks (vetoaoiKoi or veupia) in the Piraeeus 
at Athens cost 1000 talents ; and having been de- 
stroyed in the anarchy by the contractors for three 
talents, were again restored and finally completed 
by Lycurgus. 9 They were under the superintend- 
ence of regular officers called E7vtfj.e?inTai tuv veu- 
pcuv. (Vid. Epimeletai, 5.) 

NAVA'LIS CORO'NA. (Vid. Corona, p. 310.) 

NAVARCHUS (vavapxoc) is the name by which 
the Greeks designated both the captain of a single 
ship and the admiral of a fleet. The office itself 
was called vavapx'ia. The admiral of the Athenian 
fleet was always one of the ten generals (arpaTnyoi) 
elected every year, and he had either the whole 
or the chief command of the fleet. 9 The chief offi- 
cers who served under him were the trierarchs and 
the pentecontarchs, each of whom commanded one 
vessel ; the inferior officers in the vessels were the 
Kv6epvr}Tai, or helmsmen, the KeXtvarai, or command- 
ers of the rowers, and the -KpupdraL, who must have 

1. (Wurm, De Pond., p. 130.)-2. (Aristot., H. A., v., 9 ; vi., 
17.)— 3. (Theophrast., H. P., i., 19.— Galen, De Simpl., viii.— 
Adams, Append., s. v.)— 4. (Theophrast., H. P., vi., 6.— Id. ib., 
til, 12 — Dioscor., iv., 158.— Adams, Append., s. v.)— 5. (Harris, 
Nat. Hist, of the Bible, p. 390.— Adams, Append., s. v.)— 6. 
(Lit., xxxv., 10.— Id., xl., 51.— Id., xlv., 2.)— 7. (Vopisc, Aurel., 
ll.)-8. (Isocr., Areopa?., 25.— Bockh, Publ. Econ., ii., $ 10.)— 
9. (Plat., Themist.. 18) 



been employed at the prow of the vessels. 1 (Von* 
pare Strategos.) 

Other Greek states who kept a navy had likewise 
their navarchs. A Spartan navarchus is mentioned 
by Xenophon, 2 and under him served an officer 
called ETricTTolciic. 3 The navarchia of Sparta, how- 
ever, was an innovation of later times, when the 
Spartans had acquired a fleet and possessions in 
foreign countries. The office was distinct from 
that of the kings, and Aristotle* calls it axeddv krepa 
(3aai?>eia. 5 

The navarchus in Rhodes seems to have been 
their chief military officer. We find him authorized 
to conclude treaties with foreign nations, 6 and sent 
on embassies in the name of the Republic. 7 

NAUCRA'RIA (vavupapla) is the name of a di- 
vision of the inhabitants of Attica. The four Attic 
phylae were each divided into three phratries, and 
each of these twelve phratries into four naucraries, 
of which there were thus forty-eight. This division 
is ascribed to Solon; 8 but Herodotus, 9 in relating 
the insurrection of Cylon, mentions magistrates at 
Athens called Trpvrdvic tuv vavi<pdpuv, so that the 
naucraries must have existed Jong before Solon. 
There is, however, some difficulty connected with 
this passage of Herodotus, inasmuch as Thucydi- 
des, 10 in relating the same event, mentions the nine 
archons instead of the prytanes of the naucraries. 
Wachsmuth 11 endeavours, very ingeniously, to rec- 
oncile Herodotus and Thucydides, by supposing that 
the prytanes of the naucraries were the same as the 
trittyarchs, the assessors of the first archon, and 
were thus identified by Thucydides with the archons 
themselves. What the naucraries were previous to 
the legislation of Solon is not stated anywhere, but 
it is not improbable that they were political divisions 
similar to the demes in the constitution of Cleisthe- 
nes, and were made, perhaps, at the time of the 
institution of the nine archons, for the purpose of 
regulating the liturgies, taxes, or financial and mil- 
itary affairs in general. 18 Tittmann, 13 moreover, 
supposes, with some probability, that they were, 
like the demes of Attica, local divisions. Hence 
the grammarians inform us that vavicpapoc, or the 
chief officer of every naucrary, was the same as the 
demarch. At any rate, however, the naucraries 
before the time of Solon can have had no connexion 
with the navy, and the word vaimpapoq cannot be 
derived from vavc, a ship, but from vaiu, and vav- 
icpapoc is only another form for vavnAnpoc in the 
sense of a householder, as vav?.ov was used for the 
rent of a house. 1 * 

Solon, in his legislation, thus only retained the old 
institution of the naucraries. His innovation prob- 
ably was, that he charged each of them with the 
equipment of one trireme and with the mounting of 
two horsemen. 15 All military affairs, as far as re- 
gards the defraying of expenses, probably continued, 
as before, to be regulated according to naucraries. 
Cleisthenes, in his change of the Solonian constitu- 
tion, retained the division into naucraries for mili- 
tary and financial purposes, 1 * but he increased their 
number to fifty, making five of each of his ten tribes, 
so that now the number of their ships was increased 
from forty-eight to that of fifty, and that of horse- 
men from ninety-six to one hundred. The state- 
ment of Herodotus, 17 that the Athenians, in their 
war against ^Egina, had only fifty ships of their own, 

1. (Xenoph.,De Republ. Ath., 1, 2, 20.)— 2. (Hellen., ii., 1,+ 
7.)— 3. (Pollux, Onom.,i.. 96.— Sturz,Lex. Xen., ii., p. 321.)— 4. 
(Polit., ii., 6, p. 69, ed. Gottlin?.)— 5. (Vid. Weber, " De Gy- 
theo et Lacedaemoniorum reb. Navalib.," p. 73, &c.)— 6. (Polyb., 
xvii., 1.)— 7. (Polyb., xxx., 8.— Liv., xlv., 25.)— 8. (Photius, s. 
v. Navicpapia.)— 9. (••-., 71.)— 10. (i., 126.)— 11. (Hellen. Alt., 
i., 1, p. 246.)— 12. (Biikh, Publ. Econ., ii., t> 21.)— 13. (Griech 
Staatsv., p. 269.)— 14. (Pollux, Onom., x., 20.— Wachsmtith, 
Hellen. Alt., i., 1, p. 239.— Thirlwall, Hist, of Gr., ii., p. 52.) • 
15. (Pollux, viii., 108.)— 16. (Phot., 1. c.)— 17. (vi., 89.) 

652 



iNAUMACHIA. 



NAUTODICAA. 



is mus perfectly in accordance with the fifty nau- 
craries of Cleisthenes. The functions of the former 
vavnpapoi, as the heads of their respective naucra- 
ries, were now transferred to the demarchs. ( Vid. 
Demarchi.) 1 The obligation of each naucrary to 
equip a ship cf war for the service of the Republic 
may be regarded as the first form of trierarchy. 2 
As the system of trierarchy became developed and 
established, this obligation of the naucraries appears 
to have gradually ceased and to have fallen into dis- 
use. (Compare Trierarchia.) 

NAUORA'ROS. (Vid. Naucraria.) 

NAVES. (Fid. Ships.) 

NAUMA'CHIA was the name given to the rep- 
resentation of a seafight among the Romans, and 
also to the place where such engagements took 
place. These fights were sometimes exhibited in 
the circus or amphitheatre, sufficient water being 
introduced to float ships, but more generally in 
buildings especially devoted to this purpose. The 
first representation of a seafight on an extensive 
scale was exhibited by Julius Caesar, who caused a 
lake to be dug for the purpose in a part of the Cam- 
pus Martius, called by Suetonius the " Lesser Code- 
da :" 3 this lake was afterward filled up in the time 
vf Augustus, on account of the malaria arising from 
the stagnant water in it.* Augustus also dug a lake 
(stagnum) near the Tiber for the same purpose, and 
planted around it a grove of trees (nemus). 6 This 
naumachia was the first permanent one ; it con- 
tinued to be used after others had been made, and 
was subsequently called the " vetus naumachia." 6 
Claudius exhibited a magnificent seafight on the 
lake Fucinus. 7 Nero appears to have preferred the 
amphitheatre for these exhibitions. 8 Domitian 
made a new naumachia, and erected a building of 
stone around it, in which the spectators might sit 
to see the engagement. 9 Representations of nau- 
machiae are sometimes given on the coins of the 
emperors. 10 

The combatants in these seafights, called Nau- 
rdachiarii, 11 were usually captives, 12 or criminals 
condemned to death, 13 who fought, as in gladiatorial 
combats, until one party was killed, unless pre- 
served by the clemency of the emperor. The ships 
engaged in the seafights were divided into two 
parties, called respectively by the names of differ- 
ent maritime nations, as Tyrians and Egyptians, 14 
Rhodians and Sicilians, 15 Persians and Athenians, 16 
Corcyraeans and Corinthians, Athenians and Syra- 
cusans, &c. 17 These seafights were exhibited with 
the same magnificence and lavish expenditure of 
human life as characterized the gladiatorial combats 
and other public games of the Romans. In Nero's 
naumachia there were sea -monsters swimming 
about in the artificial lake, 18 and Claudius had a 
silver triton placed in the middle of the lake Fuci- 
nus, who was made, by machinery, to give the sig- 
nal for attack with a trumpet. 19 Troops of Nereids 
vyere also represented swimming about. 20 In the 
seafight exhibited by Titus there were 3000 men 
engaged, 31 and in that exhibited by Domitian the 
ships were almost equal in number to two real 
fleets (pane just& classes 2 ^. In the battle on the 



1. (Harpocrat., s. v. A^apxo?.)— 2. (Lex. Rhet., p. 283.) — 3. 
(Dion Cass., xliii., 23.— Suet., Jul., 39.) — 4. (Dion Cass., xlv., 
17.) — 5. (Suet., Octav., 43. — Tacit., Ann., xii., 56. — Id. ib., xiv., 
15.)— 6. (Suet., Tit., 7.— Dion Cass., lxvi., 25.— Ernesti ad Suet., 
Tib., 72.)— 7. (Tacit., Ann., xii., 56.— Suet., Claud., 21.— Dion 
Cass., lx., 33.)— 8. (Dion Cass., lxi., 9 ; lxii., 15.)— 9. (Dion 
Cass., lxvi., 8.— Suet., Dom., 4, 5.)— 10. (Scheffer, De Militia 
Navali, iii., 2, p. 189, 191.)— 11. (Suet., Claud., 21.)— 12. (Dion 
Cass., xlviii., 19.)— 13. (Dion Cass., lx., 33.)— 14. (Suet., Jul., 
31.)— 15. (Suet., Claud., 21.— Dion Cass., lx., 33.)— 16. (Dion 
Cass., lxi., 9.) — 17. (Id., lxvi., 25.) -18. (Suet., Nero, 12.— 
Diou Cass., lxi., 9.)— 19. (Suet., Claud., 21.)— 20. (Mart., De 
Spectac.., 26.)— 21. (Dion Cass., lxvi., 25.)— 22. (Suet., Dom., 
4.) 

654 



lake Fucinus there were 19,000 combatants. 1 and 
fifty ships on each side. 2 

NAUTA. (Vid. Exercitoria Actio.) 

NAU'TICON (vavTLnov). (Vid. Interesi op 
Money, p. 545.) 

*NAUTILUS (vavTilog). This shell-fish is graph- 
ically described by Aristotle, Oppian, and Phile. It 
is the Argonauta Ax go, L., or the Paper Nautilus. 

NAUTODICAA (vavroSinai) are called apxai or 
magistrates by most of the ancient grammarians, 3 
while a few others call them SiKaorai* The con- 
current authority of most of them, together with a 
passage of Lysias, 5 the only Attic orator who men- 
tions the nautodicae, renders it more than probable 
that they were a magistracy. This can be the less 
doubtful, as the words Sina&iv and Sinaorrjs are 
sometimes used of magistrates in their capacity of 
eiaayuyelg. 6 (Vid. Eisagogeis.) All testimonies 
of the ancients, however, agree that the nautodicae 
had the jurisdiction in matters belonging to naviga- 
tion and commerce, and in matters concerning such 
persons as had entered their names as members of 
a phratria without both their parents being citizens 
of Athens, or, in other words, in the Sinai kfnropuv 
and Sinai geviag. The time when nautodicae were 
first instituted is not mentioned, but the fact that 
they had the jurisdiction in cases where a person 
had assumed the rights of a phrator, without his 
father and mother being citizens, shows that .their 
institution must belong to a time when it was suffi- 
cient for a man to be a citizen if only his father was 
a citizen, whatever his mother might be, that is, 
previous to the time of Pericles 7 (compare Civitas, 
p. 259), and perhaps as early as the time of Cleisthe- 
nes. The nautodicae were appointed every year by 
lot in the month of Gamelion, and probably attended 
to the diKai e/nropov only during the winter, when 
navigation ceased, whereas the Sinai t-eviag might 
be brought before them all the year round. 

It is a well-known fact, that the two actions (Sinai 
kfiTtopuv and Sinai S-tviag) which we have here as- 
signed to the nautodicae belonged, at least at one 
time, to the thesmothetae. 8 Several modern writers, 
such as Bockh, Baumstark, and others, have, there- 
fore, been led to suppose, that all the grammarians 
who call the nautodicae apxai are mistaken, and that 
the nautodicae were not elaayoyelc in the cases 
above mentioned, but Sinaarai. But this mode of 
settling the question does not appear to us to be as 
satisfactory as that adopted by Meier and Scho- 
mann. 9 In all the speeches of Demosthenes, no 
trace occurs of the nautodicae ; and in the oration 
against Lacritus, 10 where all the authorities are 
mentioned before whom such a case as that of 
Lacritus might be brought, the orator could scarcely 
have failed to mention the nautodicae, if they had 
still existed at the time. It is, therefore, natural 
to suppose that the Sinai k/nropuv, at the time of 
Philip of Macedonia, when they became Sinai Efijirj- 
voi (vid. EMMHNOI A1KAI), were taken from thfc 
nautodicae and transferred to the thesmothetae. And 
as the Republic could not now think it any longei 
necessary to continue the office of nautodicae mere 
ly on account of the Sinai tjeviac, these latter were 
likewise transferred to the thesmothetae,' and thi 
office of the nautodicae was abolished. The whole 
period during which nautodicae existed at Athens 
would thus comprehend the time from the legisla- 
tion of Cleisthenes, or soon after, to Philip of Mace- 
donia. One difficulty, however, yet remains, for 
nautodicae are mentioned by Lucian 11 in a dialogue 



1. (Tacit., Ann., xii., 56.)— 2. (Dion Cass., lx., 33.)— 3. (Har- 
pocrat. — Suidas. — Lex. Rhet., s. v. Nauro&Vat.) — 4. (Hesych. 
s. v.)— 5. (De Pecun. Publ., p. 189, Eremi.)— 6. (Meier, Att' 
Proc, p. 28.)— 7. (Plut., Pericl., 37.)— 8. (Meier, Att. Proc, p. 
64, &c.)— 9. (Att. Proc, p. 85, &c.)— 10. [p. 940.)— 11. (,i., p . 
202. ed. Bip.) 



NEGOTIORUM. GESTORCJM ACTIO 



NEMEAN GAMES. 



which the author represents as having taken place 
after the death of Alexander. Those who are un- 
willing to believe that Lucian here, as in other 
places, has been guilty of an anachronism, must 
suppose that the nautodicae were, after their aboli- 
tion, restored for a time, of which, however, there 
is no other evidence. 1 

NEBRIS, a Fawn's Skin (from veSpoc, a fawn : 
vid. iEds), worn originally by hunters and others 
as an appropriate part of their dress, and afterward 
attributed to Bacchus, 2 and, consequently, assumed 
by his votaries in the processions and ceremonies 
which they observed in honour of him. 3 (Vid. Di- 
onysia, p 363, 365.) The annexed woodcut, taken 
from Sir Wm. Hamdton's Vases* shows a priestess 
of Bacchus in the attitude of offering a nebris to 
him or to one of his ministers. The works of ancient 




art often show it as worn not only by male and fe- 
male bacchanals, but also by Pans and Satyrs. It 
was commonly put on in the same manner as the 
regis or goatskin, by tying the two fore legs over 
the right shoulder so as to allow the body of the 
skin to cover the left side of the wearer. 6 In the 
Dionysiac processions, the fawn's skin worn by the 
god, besides its natural spots, which were greatly 
admired, was enriched with gems. 6 

*NEBRFTES (veSplrng), a precious stone, men- 
tioned in the Orphic poem. De Laet supposes it 
either an agate or a jasper. 7 

NEFASTI DIES. (Vid. Dies, p. 362.) 

NEGATPVA, NEGATO'RIA ACTIO. (Vid. 
Coxfessoria Actio.) 

NEGOTIO'RUM GESTO'RUM A'CTIO. This 
was an action which a man might have against 
another who had managed his affairs for him in his 
absence, without being commissioned to do so (sine 
mandalo). The action was not founded either on 
contract or delict, but was allowed for convenience' 
aake (utilitatis causa). The person whose business 
was transacted by another, and the person who 
transacted the business, might severally have an 
action against one another in respect of that which 
"ex bona fide alteram alteri prastare oportet." The 



1. (Compare Bockh, Publ. Econ., i., $ 9. — Eaumstark, " De 
Curatoribus Emporii et Nautodicis apud Athenienses," p. 65- 
78)— 2. (Eurip., Barch., 99, 125, 157, 790, ed. Matth.— Aris- 
toph., Ranae, 1209.— Dionys. Perieg., 702, 946.— Rufus Festus 
Arienus, 1129.)— 3. (Seneca, (Edip., ii., 436.— Brunck, Anal., 
i., 463.)— 4. (i., 37.)— 5. (Ovid, Met., vi., 593.)— 6. (Claud., De 
tv. cons. Honor., 605.)— 7 '^Orpheus, De Lapid., 742.) 



action of the self-constituted agent was sometimes 
called contraria, by analogy to similar actions in 
other cases. He was bound to make good any loss 
that was incurred during his administration by 
dolus or culpa, and in some instances even loss 
that had been incurred by casus. On the other 
hand, he had his action for all expenses properly 
incurred, and n some cases even if the result was 
unfortunate tc the absent person ; as if he paid for 
medical attendance on a sick slave, and the slave 
died, notwithstanding all his care : but various dif- 
ficulties might easily be suggested as to such cases 
as these, 1 and the rule must be qualified by the 
condition of the thing undertaken being a thing 
profitable (to the owner) to be undertaken, though 
the result might be unprofitable. 2 

NEKRODEIPNON. {Vid. Funus, p. 458.) 

NEKROTHAPTAI. (Vid. Funus, p. 459.) 

NEKUSIA. (Vid. Funus, p. 458.) 

NEMEAN GAMES (vifiea, vefiela, or ve//.aia), one 
of the four great national festivals of the Greeks. 
It was held at Nemea, a place near Cleonae in Ar- 
golis. The various legends respecting its origin 
are related in the argumenta of the scholiasts to 
the Nemea of Pindar, with which may be compared 
Pausanias 3 and Apollodorus. 4 All these legends, 
however, agree in stating that the Nemea were 
originally instituted by the Seven against Thebes 
in commemoration of the death of Opheltes, after- 
ward called Archemorus. When the Seven arrived 
at Nemea, and were very thirsty, they met Hypsip- 
yle, who was carrying Opheltes, the child of the 
priest of Zeus and of Eurydice. While she showed 
to the heroes the way to the nearest well, she left 
the child behind, lying in a meadow, which, during 
her absence, was killed by a dragon. When the 
Seven, on their return, saw the accident, they slew 
the dragon, and instituted funeral games (aya>v far- 
rd(j)Log), to be held every third year (rpie-npiKoc). 
Other legends attribute the institution of the No- 
mean games to Heracles, after he had slain the Ne- 
mean lion ; but the more genuine tradition was 
that he had either revived the ancient games, or, 
at least, introduced the alteration by which they 
were from this time celebrated in honour of Zeus. 
That Zeus was the god in honour of whom the 
games were afterw T ard celebrated, is stated by Pin 
dar. 5 The games were at first of a warlike char- 
acter, and only warriors and their sons were al- 
lowed to take part in them; subsequently, how- 
ever, they were thrown open to all the Greeks 
(diifj.0TLK.nv tt2.F/6oc avvedpa/j-e). The games took 
place in a grove between Cleonae and Phlius. 6 The 
various games, according to the enumeration of 
Apollodorus, 7 were horse-racing, running in armour 
in the stadium, 3 wrestling, chariot-racing and dis- 
cus, boxing, throwing the spear and shooting with 
the bow, to which we may add musical contests. 9 
The scholiasts on Pindar describe the agon very 
imperfectly as ix-kihos and jvuvlkoc. The prize 
given to the victors was at first a chaplet of olive- 
branches, but afterward a chaplet of green parsley. 
When this alteration was introduced is not certain, 
though it may be inferred from an expression of 
Pindar, 10 who calls the parsley (ae\ivov) the pordva 
?*e6vtoc, that the new prize was believed to have 
been introduced by Heracles. The presidency at 
these games, and the management of them, belong- 
ed at different times to Cleonae, Corinth, and Argos, 
and from the first of these places they are some- 
times called uyuv K/.euvatoc. The judges who 
awarded the prizes were dressed in black robes, 

1. (Dig. 3, tit., 5, s. 10.)— 2. (Dig. 44, tit. 7, s. 5.— Dig. 3, tit 
5, De Negotiis Gestis.) — 3. (ii., 15, y 2, &c.) — 4. (iii., 6, v 4.) 

— 5. (Nem., iii., 114.)— 6. (Strabo, viii., 6, p. 210, ed. Tauchn.) 

— 7. (1. c.)— 8. (Paus., ii., 15, v 2.) — 9. (Paus., viii., 50, 4 S - - 
Plut., Philop., 11.)— 10. (Nem., vi., 71.) 

655 



NERITLS. 



NEXUM 



and an uAtance of their justice, when the Argives 
presided, is recorded by Pausanias. 1 

Respecting the time at which the Nemean games 
were held, the scholiast on Pindar 2 merely states 
that they were held on the 12th of the month of 
Panemus, though in another passage he makes a 
statement which upsets this assertion. Pausanias 3 
speaks of winter Nemea, and manifestly distin- 
guishes them from others which were held in sum- 
mer. It seems that for a time the celebration of the 
Nemea was neglected, and that they were revived 
in 01. 53, 2, from which time Eusebius dates the 
first Nemead. Henceforth it is certain that they 
were for a long time celebrated twice in every 
Olympiad, viz., at the commencement of every sec- 
ond Olympic year in the winter, and soon after the 
commencement of every fourth Olympic year in the 
summer. This has been shown by Bockh in an es- 
say iiber die Zeitverh'dltnisse der Demosth. Rede gegen 
Midias, in the transactions of the Berlin Acad., 
1818, 1819.— Histor. Philol. Klasse, p. 92, &c— Com- 
pare Ideler, Handb. der Chronol., ii., p. 606, &c. 
About the time of the battle of Marathon, it became 
customary in Argolis to reckon according to Ne- 
meads. 

In 208 B.C., Philip of Macedonia was honoured 
by the Argives with the presidency at the Nemean 
games, 4 and Quinctius Flaminius proclaimed at the 
Nemea the freedom of the Argives. 5 The Emperor 
Hadrian restored the horse-racing of boys at the 
Nemea, which had fallen into disuse. But after 
this time they do not seem to have been much long- 
er celebrated, as they are no longer mentioned by 
anv of the writers of the subsequent period 6 

NE'NIA. (Vid. Funus, p. 459.) 

NEO'COROI. (Vid. JEditui.) 

NEODAMO'DEIS. ( Vid. Civitas, Gk eek, p. 260 ; 
Hslotes, p. 492.) 

iVE<~»'RIA, NEOSOFKOI. (Vid. Navalia.) 

^NEPENTHES (vr/nev6ec\ Among the many 
conjectures which have been started concerning the 
Nepenthes, that one appears very plausible which 
supposes it to have been Opium, or the juice of the 
Palaver somnifcrum? 

NEPTUNA'LIA, a festival of Neptune, celebrated 
at Rome, of which very little is known. 8 The day 
on which it was held was probably the 23d of July. 
In the ancient calendaria this day is marked as Nept. 
ludi et feria, or Nept. ludi, from which we see that 
the festival was celebrated with games. Respect- 
ing the ceremonies of this festival, nothing is known 
except that the people used to build huts of branch- 
es and foliage (umbra*), in which they probably feast- 
ed, drank, and amused themselves. 10 

*NE'RION (vfiptov) the Nerium oleander, or Rose- 
bay. The modern Greek name is Tunpodatyvr). Sib- 
thorp says it is very common throughout Greece, 
and that it marks the torrent-bed and fringes the 
banks of the Ilissus. The flowers are used as an 
ornament, and cover the bazar at Athens. The 
leaves boiled, or the dried leaves powdered, are 
employed as remedies for the itch ; boiled in oil, 
they serve as a liniment for rheumatic pains. In 
Cyprus it retains the ancient name of fiododtupvv, 
and the Cypriotes adorn their churches with the 
flowers on feast-days. 11 

*NERFTES (vnp'tTvc). According to Rondelet 
and Gesner, the vvpirng of Aristotle is a species of 

i i i ii ■ 

1. (viii., 40, t) 3.)— 2. (Argum. ad Nem.)— 3. (ii., 15, <> 2.)— 4. 
•,Liv., xxvii., 30, &c. — Polyb., x, 26.) — 5. (Liv., xxxiv., 41. — 
Polyb., x., 26.) — 6. (Vid. Villoison, Histoire de l'Acad. des In- 
icript. et Bell. Lett., vol. xxxviii., p. 29, &c. — Schomann, " Plu- 
•archi Agis et Cleomenes," &c, ) 10.) — 7. (Horn., Od., iv., 220. 
— Theophrast. H. P., ix., 15.) — 8. (Varro, De Ling. Lat., v., p. 
56, Bipont.)— 9. (Festus, s. v. Umbra;.) — 10. (Horat., Carm., iii., 
28, 1, &c— Tertull., De Spect., 6.)— 11. (Dioscor , iv., 82.— Wal- 
pole's Memoirs, &c, vol i, v 839.) 
656 



Concha, whereas that of ^Elian is jt species of Cock- 
lea ; the C. Nerite, as Adams thinks, of Linnajus. 
It is called the Sea-snail. 1 

NEXI. (Vid. Nexum.) 

NEXUM is defined by Manilius to be " omne quod 
per libram et as geritur, in quo sint mancipi." Mu- 
cius Scaevola has a different definition : " qua per 
as et libram jiant ut obligcntur, prater quam qua man 
cipio dentur." Varro, 2 who has preserved both 
these definitions, prefers the latter, as being con- 
sistent with the etymology of the word: "quod 
obligatur per libram, neque suum sit, inde Nexum did- 
tury As an illustration, he adds : " Liber qui suas 
operas in servilutem pro pecunia quam debeat dat, dum 
solver et, nexus vocatur, ut ab are obaratus.'" The 
difference in these definitions arises solely from the 
different aspect under which the nexum is viewed. 
Every nexum was in the form of a sale, and, con- 
sequently, viewed as to its formal part, nexum com- 
prehended mancipium. The testamenti factio was 
also included under nexum. "Viewed as to its ob- 
ject and legal effect, nexum was either the trans- 
fer of the ownership of a thing, or the transfer of a 
thing to a creditor as a security : accordingly, in 
one sense, nexum included mancipium, as explained 
in Mancipium ; in another sense, mancipium and 
nexum are opposed in the same way in which sale 
and mortgage or pledge are opposed. The formal 
part of both transactions consisted in a transfer 
per aes et libram. This explanation is consistent 
with the definitions of the jurists and the uses of 
these two words. 

The person who became nexus by the effect of a 
nexum or nexus (for this form of the word also is 
used) was said nexum inire. 3 The phrases nexi 
datio, nexi liberatio, respectively express the con- 
tracting and the release from the obligation. 

The Roman law as to the payment of borrowed 
money (pecunia certa crcdita*) was very strict S 
curious passage of Gellius 5 gives us the ai^cient 
mode of legal procedure in the case of debt, as fixed 
by the Twelve Tables. If the debtor admitted the 
debt, or had been condemned in the amount of the 
debt by a judex, he had thirty days allowed him for 
payment. At the expiration of this time he was 
liable to the manus injectio (vid. Manus Injectio), 
and ultimately to be assigned over to the creditor 
(addictus) by the sentence of the praetor. The 
creditor was required to keep him for sixty days in 
chains, during which time he publicly exposed the 
debtor on three nundinae, and proclaimed the amount 
of his debt. If no person released the prisoner by 
paying the debt, the creditor might sell him as a 
slave or put him to death. If there were several 
creditors, the letter of the law allowed them to c»it 
the debtor in pieces, and to take their share of h is 
body in proportion to their debt. Gellius says th it 
there was no instance of a creditor ever having 
adopted this extreme mode of satisfying his debt. 
But the creditor might treat the debtor, who was 
addictus, as a slave, and compel him to work out 
his debt ; and the treatment was often very severe. 

It is remarkable, that in this passage Gellius does 
not speak of nexi, but only of addicti ; which is 
sometimes alleged as evidence of the identity o * 
nexus and addictus, but it proves no such identity 
If a nexus is what he is here supposed to be, this 
law of the Twelve Tables could not apply; for 
when a man had once become nexus with respect 
to one creditor, he could not become nexus to an- 
other ; and if he became nexus to several at once, 
in this case the creditors must abide by their con- 
tract in taking a joint security. This law of the 
Twelve Tables only applied to the case of a debtor 

1. (Adams, Append., s. v.) — 2. (De Ling. Lat., vi., 5.)— 3. 
(Liv , vii., 19.)— 4. iVid. Lex Gall. Cisalp., 21, 23 -5. Ixx.. ..) 



NEXUS. 



INEXUS. 



being assigned over by a judicial sentence to sev- 
era. creditors, and it provided for the settlement of 
their conflicting claims. The distinction between 
a nexum and a res judicata is obvious enough, 
though some writers have missed it. 

The precise condition of a nexus has, however, 
been a subject of much discussion among scholars, 
and it is not easy to reconcile all the passages in 
which the term occurs so as to deduce from them 
a consistent view of the matter. Sometimes, in- 
deed, nexus appears to be used in the same sense 
as addictus, which cannot cause any difficulty if 
we consider that the effect of being nexus and ad- 
dictus was the same, as will presently be made 
probable. 

As a nexum was effected per aes et libram, it 
was in the form of a sale, and, of course, there was 
an object of sale; and this object of sale might be 
a thing or a person. A free man could not prop- 
erly be the object of a sale, but it requires only a 
slight acquaintance with Roman law to perceive 
that this difficulty could be got over by a fiction. 
As in the case of manumission per vindictam there 
was a fiction that the slave was free, so there 
might here be a fiction that the freeman was a 
slave. And if this is not admitted as a probable 
solution, it cannot be denied that there is as much 
difficulty in understanding the coemtio of a fe- 
male, who was sui juris, which, as a legal fact, is 
quite certain, as the formal sale of a freeman with 
his consent. The notion of a freeman giving him- 
self into the power of another, so far from being 
foreign to the notions of Roman law, as some wri- 
ters have asserted, is perfectly consistent with 
them, as we see in the instance of adrogation. 
The nexum, then, being in the form of a sale, the 
nexus was in a servile condition as a necessary 
consequence of the nexum, and the opinion that 
there must be an addictio to give effect to the nex- 
um is inconsistent with the notion of the nexum. 
According to this view, a nexus, as soon as the 
contract of nexum was made, was in the condition 
of an addictus, and both were treated as slaves. 
But it has been urged that " one cannot discover 
any reason for this self-pledging (nexum), since every 
insolvent, even when there was no nexum, must 
become his creditor's slave (addictus), and how can 
we understand that the abolition of the nexum was 
such an advantage gained by the plebeians, 1 if the 
addictio still remained, which might be obtained 
when there was no nexum ; and it cannot be de- 
nied that it did remain 1" The advantage consists 
precisely in the difference between a contract which 
cannot be enforced against a person without the 
forms of legal proceeding, and a contract which at 
once gives a man a power over his debtor without 
any application to a court of justice. The effect of 
the abolition of the nexum, in this its special sense, 
while the addictio still existed, may be illustrated 
by the supposed case of a landlord's remedy for the 
recovery of his rent by distress being abolished, 
while his other remedies under the contract for let- 
ting and hiring remained. 

It is remarked by Gottling, 8 that " the compari- 
son of the adrogatio and the adoptio gives the 
clearest proof of the correctness of Savigny's view, 
who rejects the notion of a freeman pledging him- 
self. In the case of the adrogatio of a Roman, who 
is sui juris, there was no mancipatio which such 
person could effect of himself ; but in the case of 
adoption, a mancipatio occurs, and it is effected by 
the iiving father and the son together. In the case 
of coemtio, it certainly appears as if the woman of 
herself effected a self-mancipation ; she, however, 
i» not herself a uctor, but her guardian is auctor." 

I. (Lit., viii., 28.)— 2. (Gesch. der RSm. Staatsverfassung.) 
40 



There may be some weight in this observation, tne 
point of which appears to be this : there was man 
cipatio in the case of adoption, where the adopted 
person was in the power of another, but no manci- 
patio in the case of adrogation, where the adopted 
person was not in the power of another. The tacit 
conclusion, then, seems to be, that if in one case 
there was no mancipatio, and yet a person was 
brought into the power of another with his own 
consent, there could be no mancipatio when a pei- 
son consented to put himself into a servile relation 
to another ; for it is here assumed that a nexum 
was voluntary. But this is not a legitimate con- 
clusion. It is easy to see that mancipatio in the 
case of adoption, where the son was in the power 
of the father, was a sufficient form, considering lhat 
the person adopted was only a filiusfamilias ; and 
that adrogation, which was of a person who was 
sui juris, was a very different matter, and required 
other forms to be observed, because the person ad- 
rogated was not a filiusfamilias. (Vid. Adoption.) 
A nexum effected no change of familia, like an 
adoption or adrogation ; and, while its object was 
different from that of both of these ceremonies, it is 
quite consistent for its form to have been the same 
as the form of the one, and different from the form 
of the other. 

The mode in which Gottling 1 explains this mat- 
ter of the nexum is as follows : "A free citizen can 
come into a mancipii causa when he cannot pay a 
loan (as confession) out of his own means. What 
in such case he has to give security f>r, that to 
which he has bound himself, is called nexum (name- 
ly, aes) ; hence the phrases nexi datio, nexi libera- 
tio. The person who does such an act is called 
nexum (from nexus nexus) iniens, nexum faciens ; 
but after he has received the loan in the above sol- 
emn manner, he is nexu obligatus, nexu vinctus : 
as soon as he has failed to fulfil his obligation, and, 
in consequence of such failure, has been addicted 
(addictus), and given in mancipium by the magis 
trate, he is called nexus (adjective), qui se nexum 
dedit :" a more confused account of the thing, or 
one more remote from legal precision, cannot be 
imagined. 

The lex Pcetilia (B.C. 326) alleviated the condi- 
tion of the nexi. So far as we can understand its 
provisions, it set all the nexi free, or made them 
soluti, 3 and it enacted that, for the future, there 
should be no nexum (cautumque in posteriori ne nec- 
terentur), and that no debtor should, for the future, 
be put in chains. Addictio, however, still contin- 
ued in force after the lex Pcetilia, as we see in sev- 
eral instances. 3 It appears from the lex Galliae 
Cisalpinae,* that in the case of other actions there 
was only a possessio bonorum, but in the case of 
pecunia certa credita there was personal execution. 
The enactment of the lex Julia, which introduced 
the bonorum cessio, and gradual changes in society, 
must have diminished the frequency of the addictio. 
(Vid. Bonorum Cessio.) 

Neither the addictus nor the nexus was a slave, 
and his ingenuitas was only in suspense. As to the 
nexum, it must have been necessary that the effect 
of the legal act by which the ingenuus was made a 
nexus should be done away with by another legal 
act ; and this seems to be the nexi liberatio which 
was dene per aes et libram. It also appears, from 
a passage in Livy, 5 that a certain person, who was 
judicatus pecuniae, and is not described as nexus, 
was released from his obligation per aes et libram. 
In the time of Gaius, an imaginary form of payment 
per aes et libram was retained in cases where the 



1. (p. 123.)— '2. (Liv., viii., 28, "nexi soluti." —3. (LiT. 
xxiii., 14.— Sail., Cat., 33.— Cicero, Pro Flaccr», 20./— 4. <\- »! 
28.)— 5 '•*.. 14.) 

657 



NEXUM. 



MIX. 



obligation was contracted either per aes et libram, or 
was due ex judicati causa. 1 There seems, indeed, 
no reason why this ceremony should have been 
used in the case of an addictus who wished to be 
restored to his former state, for the addictio was by 
implication only to have an effect till the debt was 
paid. It might be contended that such was the ef- 
fect of the nexum also ; but we must distinguish be- 
tween the effect of a sentence of the praetor and a 
solemn act like that of the nexum, which was in 
form a transfer of ownership. The addictus was 
protected against injuria from his master, 2 and it is 
said that he retained his name and tribe ; but it is 
somewhat difficult to understand how he retained 
his tribe, since he had sustained infamia. Upon 
the discharge of his obligations, the addictus, it 
seems, returned to his former status. 

It was Niebuhr's opinion that the nexum, when 
it became a form of giving security, had not its 
complete effect until the debtor was unable to pay, 
and was brought into the condition of a debtor- 
slave by the addictio. An answer to this is con- 
tained in a passage already quoted. If it required 
an addictio to make a person nexus, what was the 
use of a nexum when a man might become addic- 
tus, even when there was no nexum 1 The only 
intelligible solution of all these difficulties is, that a 
nexum had an immediate effect. 

It seems to be a legal consequence of a nexum 
and an addictio, that the children, if they were in 
the power of the parent, must follow his condition, 
as in the case of adrogation. 

In the case mentioned in Livy, 3 where the son is 
said to have been nexus for his father's debt (cum 
se nexum dedisset), it may be that the father bound 
his son only, which he could certainly do just in the 
oame way as he could mancipate him. If the son 
was not in his father's power, he could still bind 
himself on behalf of his father. The expression in 
Livy does not enable us to determine which of the 
two possible cases was the real case, but it seems 
probable that the son was in the power of the fa- 
ther. 

The meaning of the provision in the Twelve Ta- 
bles, as cited by Gellius, as to cutting the debtor in 
pieces, has been a subject of much discussion. Tay- 
lor, in his essay ( Comment, ad L. Decemviralem de 
Inope Debitore in partis dissecando), attempts to prove 
that Gellius misunderstood the old law, and that the 
words of the Twelve Tables, " partis secanto : si 
plus minusve secuerint se fraude esto," mean that 
the several creditors are entitled to have the " par- 
tis," that is, the " operae" of the addictus, divided or 
distributed among them ; and he goes on to explain 
the rest of the law in these terms : " Communis sit 
servus eorum, qui quidem adfuerint ; et sine fraude 
esto, si ceteri toties procitati suas quoque partis in 
debitore non vindicaverint." But the arguments of 
Taylor are by no means satisfactory. The conjec- 
ture that the " partis" are the shares of the credi- 
tors arising from the sale of the debtor, is also un- 
supported by any proof. This monstrous enact- 
ment, if we take it literally, shocks all our notions 
of humanity, but it has been well observed that it 
is by no means inconsistent with the spirit of the 
A±-l Roman law ; and the fact of an actual division 
of a debtor's body not being on record, is no proof 
against, and hardly furnishes a presumption against 
the existence of such a law. The Romans had no 
prisons for debtors. The creditor was the debtor's 
jailer, and we know that in the oldest time he was 
often a cruel keeper. When there were several 
creditors who claimed the body of a debtor, he 
might be kept by any one. for the benefit of himself 
and the rest till the sixty days were over ; but after 

1. (Gaius, iii., 173-175.)— 2. (Gaius, i., 141 .)— 3. (viii, 28.) 
653 



that time, if the creditors could not cjree among 
themselves, there was no possible mode of settling 
their conflicting claims than that which the law of 
the Decemviri gave them, and which they might 
adopt if they chose. Such a law could never bn 
carried into effect in any country, as the legislators 
must have well known, and thus, while its terms 
fully satisfied the claims of the creditors, in prac- 
tice it may have turned out really favourable to the 
debtor. ( Vid. the remarks of Gellius on this pail 
of the law. 1 ) But the solution of the difficulty is 
quite a different matter from the fact of its exist- 
ence, which is in no way to be questioned because , 
we cannot explain it. 

The various authorities on the subject of the 
nexum and addictio are referred to by Rein, Das 
Rom. Privatrecht, p. 313, &c. The writer of this 
article has not had the advantage of seeing the es- 
say of Savigny, Ueber das altrbmische Schuldrecht, 
Berlin, 1834, and is only generally acquainted with 
it from other works. The whole subject is still en- 
cumbered with difficulty, as will appear from a ref- 
erence to the various writers on this subject. The 
note of Walter 2 appears to contain the true state- 
ment as to the difference between the effect of a 
nexum and a res judicata ; but he rejects the notion 
of a man selling or pledging himself. 

NIMBUS VITREUS. (Vid. Nix.) 

*NITRUM (virpov). " It is scarcely necessary 
to remark," says Adams, " that the Latin Nitrum 
and the Greek virpov was a very different substance 
from the modern nitrate of potass ; but it is not so 
easy to determine its real nature. Geoffroy, indeed, 
looked upon it as having been of the same nature as 
the salt of tartar or potash ; but it is much more 
probable that it was a native composition of soda. 
It appears from Martial and Serapion that it was 
nearly allied to common salt, which we know to bo 
a compound of soda. From the circumstance inci« 
dentally mentioned in the Bible, that an efferves. 
cence was produced by pouring vinegar upon it, we 
may also determine, with some confidence, that it 
was a carbonate. It seems probable, then, that if 
was a carbonate of soda. This is also the opinion 
of Coray, no mean authority on such a matter. Dr 
Kidd, however, maintains that, though the terms 
natron and nitrum are commonly applicable to the 
native carbonate of soda, they were sometimes ap- 
plied likewise to saltpetre and sal ammoniac. He 
thinks that Pliny, in the following sentence, ap- 
plies it to the latter : ' Calce aspersum reddit odorem 
vehementem. 1 The virpov is called ^aXiarpalov by 
Plato, from Chalistra, a I-'ike in Macedonia." 3 

NIX (jiwv), Snow, was used by the Greeks and 
Romans in various ways as an accompaniment to 
their meals in warm "^es'-.er. The great antiquity 
of the practice is shown by Athenaeus.* They drank 
water cooled by the admixture of snow. 5 Also, 
when the wine was mixed in the vase (vid. Crater), 
snow was poured into it instead of water, so as to 
cool and to dilute it at the same time. 6 Fragments 
of ice were put into the cups of wine with the same 
view. 7 Another method of applying the snow was 
by passing wine through a strainer or colander filled 
with snow ; by this process the wine was also ren- 
dered clear. 8 The *' nimbus vitreus," mentioned 
by Martial, 9 seems to have been a glass colander, 
which was filled with snow so as to look like a cloud, 
and from which the wine, after passing through the 
snow, descended in a shower. Moreover, we learn 

1. (xx., 1.)— 2. (Gesch. des Rom. Rechts, p. 642, n. 6.) — & 
(Adams, in Edinb. Med. and Surg. Journal, No. 113. — Id., Ap- 
pend., s v.)— 4. (iii., 97-99.)— 5. (Mart., xii., 17.— Id., xiv., 117 
— Gell., xix., 5.)— 6. (Mart, v., 66. — Plin., Epist., i., 15.)-— 7 
(Athen., xiii., 43.— Seneca, Epist., 79.— Id., Qu. Nat., iv., 13.-~ 
Pacatus, Theodos. Pan., 14.)— 8. (Mart., ix., 23 ; liv , 103, 104 
— Seneca, De Bw. Provr.. 3.)— 9. fxiv., 112.) 



NOMEN. 



NOMEN. 



that the water which was poured upon the hands of 
the guests before a splendid dinner was sometimes 
cooled with snow. 1 

In consequence of this abundant use of snow and 
ice, they became articles of traffic. 2 They were 
brought to Rome in carts and wagons, kept in ice- 
house?, ' and surrounded with chaff and shaggy 
blankets to prevent them from melting,* agreeably 
to ;he practice still adopted in many parts of Europe 
and Asia. (Vid. Psyleter.) 

NODUS, in a special sense, was applied to the 
following parts of dress : I. The knot used in tying 
on the scarf (vid. Chlamys) or other article consti- 
tuting the Amictus. This was often effected by the 
aid of a brooch (vid. Fibula), a ring, or some jewel, 5 
but frequently in the method shown in the woodcut 
of Diana at page 245. II. The knot of hair (nopvfi- 
6of , KpuCvXog ), either at the top or at the back of the 
head, adopted by both sexes in fastening their long 
hair, which was turned upward or backward for the 
purpose (crine rursus adducto revocare nodo s ). Exam- 
ples may be seen in the woodcuts at p. 291, 292, 314, 
443. III. The knot of leather worn by boys of the 
poorer classes at Rome instead of the golden Bulla. 

NOMEN (GREEK) (ovopa). The Greeks, as is 
well known, bore only one name, 7 and it was one 
of the especial rights of a father to choose the names 
for his children, and to alter them if he pleased. 8 It 
was customary to give to the eldest son the name 
of the grandfather on his father's side. The history 
of Greece contains many instances of this custom, 
and Sositheus 9 says, " I gave to my eldest son, as 
is just (utnrcp koX dinaiov ecrrt), the name of my fa- 
ther." 10 What custom was generally followed with 
regard to the other children may be inferred from 
the same passage, for Sositheus goes on to say, that 
he called his second son after the name of his wife's 
father, the third after a relative of his wife, and the 
fourth son after his own grandfather on his mother's 
side. Mothers seem also sometimes to have as- 
sumed the right of giving the names to their chil- 
dren, 11 and it may be that, as in the case described 
by Aristophanes, 12 sometimes a quarrel arose be- 
tween the parents, if they could not agree upon the 
name to be given to a child. A boy also sometimes 
received the name of his father, as in the cases of 
Demosthenes and Demades, or one similar to that 
of his father. Nausinicus thus called his son Nau- 
siphilus, and Callicrates called his son Callistratus. 13 
A similar method was sometimes adopted in the 
names of several brothers ; thus two brothers, in 
the speech of Lysias against Diagiton, are called Di- 
odotus and Diogiton. In some cases, lastly, the 
name of a son was a patronymicon, formed from the 
name of the father, as Phocion, the son of Phocos. 

The day on which children received their names 
was the tenth after their birth. 1 * According to some 
accounts, a child received its name as early as the 
seventh, or even fifth day after its birth. (Vid. Am- 
phidromia.) The tenth day, called SenuTr), however, 
was a festive day, and friends and relatives were 
invited to take part in a sacrifice and a repast, 
whence the expressions deKUTTjv dveiv and 6ekutt)v 
tGTiav. If in a court of justice proofs could be ad- 
duced that a father had held the Sekutt}, it was suf- 
ficient evidence that he had recognised the child as 
tie own. 15 



i (Petron., Sat., 31.)— 2. (Euthydes ap. Athen., 1. c— Plin., 
H. N., xix., 4, 19.)— 3. (Seneca, 1. c.) — 4. (Plutarch, Sympos., 
vi., 6.)-5. (Virg., Mn., i., 320; vi., 301 ; xi., 776.— Claud., De 
Rapf. Pros., ii., 40.) — 6. (Seneca, (Edip., ii. — Virg., JEn., iv., 
138.— Hor., Epod., xi., 28.) — 7. (Paus., vii., 7, t) 4.) — 8. (De- 
mosth., c. Boeot., i., p. 1002-1006.— Id., c Macart., p. 1075, &c.) 
—9. (ap. Demosth., c. Macart., 1. c.) — 10. (Compare Eustath. 
ad II., v., 546.)— 11. (Eurip., Phcen., 58.) — 12. (Nub., 60, &c.) 
—13. (Bockh ad Pind., Pyth., iv., p. 265.)— 14. (Aristoph., Av., 
922, &c.) — 15. (Demosih., c BeoL, i., p. 1001, <fcc. — Id., c. 
B">ot., ii., p. 1017.— Isaeus, De Pyrrh. hared , p. 60.) 



The fact that every Greek had only one name 
rendered it necessary to have an innumerable vari- 
ety of names, and never has a nation shown more 
taste, ingenuity, and invention in devising them than 
the ancient Greeks. But, however great the num- 
ber of names might be, ambiguity and confusion 
could not be avoided, and in reading the works of 
the Greeks we are not always certain whether tie 
same name in different passages or writers belongs 
to one or to several persons. The Greeks them- 
selves were aware of this, and, where accuracy was 
of importance, they used various means to prevent 
mistakes. Sometimes they added the name of the 
father in the genitive case, as 'AlutfLadyg 6 K?,etviov, 
llleioroavat; 6 Uavcaviov : sometimes they added 
the name of the place or country in which a person 
was born, in the form of an adjective, as Qovkv6l6tjq 
6 'Adrjvatog, 'Hpodoroc 'A?UKapvaaaevg, Xap/navridTjg 
Uaiavcevc, AiKaiapxoc 6 Mecarivior, &c. ; sometimes 
they added an epithet to the name, expressing ei- 
ther the occupation or profession which a person 
followed, or indicating the school to which he be- 
longed. Instances are of such frequent occurrence 
that it is superfluous to quote any. The custom of 
adding the father's name was called rrarpodev bvo- 
ftd^eodaL. 1 

In common life the Greeks had yet another means 
of avoiding ambiguity, and this was the frequent use 
of nicknames, expressive of mental or bodily pecu- 
liarities and defects. Thus Demosthenes was from 
his childhood called BaraAof. 2 Aristophanes 3 men- 
tions several names of birds which were used as nick- 
names ; other nicknames are preserved in Athenaeus.* 

NOMEN (ROMAN). In the earliest history of 
Rome there occur persons who are designated by 
only one name, such as Romulus, Remus, and oth- 
ers, while there are many, also, who bear two names. 
The Romans of a later age were themselves uncer- 
tain as to the legitimate number of names borne by 
the earliest Romans ; and while Varro, 5 Appian,' 
and others stated that the earliest Romans used 
only to have one name, their opponents adduced a 
great many instances in which persons had two. 
This question will perhaps be placed in a more 
proper light, and become more satisfactorily settled, 
if we consider separately the three distinct elements 
of which the Roman nation was composed in its or- 
igin, and it will then be found that both Varro and 
his opponents are right or wrong according as their 
assertions are applied to one or to all of the three 
tribes. 

The Sabines, from the earliest times down to the 
end of their existence, had two names, 7 one indica- 
ting the individual as such (prcenomen), e. g., Albus, 
Volesus, Pompus, 8 Talus, 9 Caius, Titus, Quintus, 
Appius, &c, and the second the gens to which the 
individual belonged, which terminated, like the Ro- 
man nomina gentilicia, in ius or eius, e. g., Tatius, 
Pompilius, Claudius, &c. It is, moreover, a feature 
peculiar to the Sabines, that a person sometimes, in- 
stead of a praenomen and a nomen gentilicium, had 
two nomina gentilicia, one indicating the gens f>f 
his father, and the other that of his mother. The 
latter sometimes preceded and sometimes followed 
the former. This custom is clear from Livy, 10 who 
mentions a Campanian (Sabine) woman, Paculla 
Minia, who was married to a man who bore the name 
of Cerrinius from his gens, and one of the sons of 
these parents was called Minius Cerrinius. Another 
instance is the name of the Sabine augur Attius Na 

1. (Paus., vii., 7, 1)4.— Xen., CEcon., 7, I) 3.) — 2. (^Esclun., 
c. Timarch., p. 139, 142. —Demosth., De Coron., p. 288.)— 3. 
(Av., 1291, &c.) — 4. (vi., p. 242.— Compare Becker, Charikles, 
i., p. 23, &c.) — 5. (ap. Val. Max., Epitome de Nominum Ratic- 
ne.) — 6. (Rom. Hist., Praef., 13.)— 7. (Val. Max., De Nominum 
Ratione.)— 8. (Val. Max., 1. c.)— 9. (Festug, s. »-.)— 10. (xi*i», 
13, 17.) 

f'.5*J 



jsOMEN 



NOMEN. 



tins, where, according to Dionysius, 1 Attius is the 
livo/ia GvyyevertKov. Dionysius, however, must be 
iflistaken in making Navius an ovopa irpoariyoptKov, 
if he meant this to be the same as the Roman prae- 
nomen, which the name Navius never was. In all 
probability, therefore, both Attius and Navius are 
nomina gentilicia. A third instance seems to be 
Minatius Magius, 3 the son of Decius Magius. This 
practice must have been very common among the 
Sabines, for in most cases in which the two names 
of a person have come down to us, both have the 
termination ius, as Marius Egnatius, Herius Asi- 
nius, 3 Statius Gellius,* Ofilius Calavius. A more 
complete list of such Sabine names is given by Got- 
tling, 5 who supposes that a son bore the two nomi- 
na gentilicia of his father and mother only as long 
as he was unmarried, and that at his marriage he 
only retained the nomen gentilicium of his father, 
and, instead of that of his mother, took that of his 
wife. Of this, however, there is not sufficient evi- 
dence. Thus much is certain, that the Sabines at 
all times had two names, one a real praenomen, or 
a nomen gentilicium serving as a prasnomen, and 
the second a real nomen gentilicium, derived from 
the gens of the father. The Sabine women bore, 
as we have seen in the case of Paculla Minia, like- 
wise two names, e. g., Vestia Oppia, Faucula Clu- 
via, 6 but whether, in case they both terminate in ia, 
they are nomina gentilicia, and whether the one, as 
Gottling thinks, is derived from the gens of the 
woman's father, and the other from that of her hus- 
band, cannot be decided. Many Sabines appear also 
to have had a cognomen besides their praenomen 
;md nomen gentilicium ; but, wherever this occurs, 
*he praenomen is generally omitted, e. g., Herennius 
Bassus, 7 Calavius Perolla, 8 Vettius Cato, 9 Insteius 
Cato, Popsedius Silo, Papius Mutilus. 10 Such a cog- 
nomen must, as among the Romans, have distin- 
guished the several familiae contained in one gens. 

The Latins in the earliest times had generally 
only one name, as is seen in the instances adduced 
by Varro, 11 Romulus, Remus, Faustulus, to which 
we may add the names of the kings of the aborigi- 
nes (Latins), Latinus, Ascanius, Capetus, Capys, 
Procas, Numitor, Amulius, and others. When, 
therefore, Varro and Appian say that the earliest 
Romans had only one name, they were probably 
thinking of the Latins. There occur, indeed, even 
at an early period, Latins with two names, such as 
Geminus Metius, Metius Suffetius, Vitruvius Vac- 
cus, Turnus Herdonius, &c. ; but these names seem 
to be either two nomina gentilicia, or one a nomen 
gentilicium and the other a cognomen, and the Lat- 
ins do not appear to have had genuine praenomina, 
such as occur among the Sabines, and afterward 
among the Romans. 

The Etruscans in the Roman historians generally 
bear only one name, as Porsenna, Spurinna, which 
apparently confirms the opinion of Varro ; but on 
many urns in the tombs of Etruria, such names ter- 
minating in na are frequently preceded by a praeno- 
men. Midler, 12 and Gottling, 13 who follows him, are 
of opinion that no Etruscan ever bore a nomen gen- 
tilicium, and that the names terminating in na are 
mere cognomina or agnomina. Niebuhr, 1 * on the 
other hand, thinks, and with more probability, that 
the Etruscan na corresponds to the Sabine and Ro- 
man ius, and that, accordingly, such names as Por- 
senna, Spurinna, Caecina, Perperna, Vibenna, Er- 
genna, Mastarna, &c, are real nomina gentilicia. 

1. (Hi., p. 203.)— 2. (Veil. Patera, ii., 16.)— 3. (Appian, Bell. 
Civ., i., 40.) — 4. (Liv., ix., 44.) — 5. (Gesch. der Rom. Staatsv , 
p. 6, note 3.) —6. (Liv., xxvi., 33.) — 7. (Liv., xxiii., 43.) — 8. 
(Liv., xxxiii., 8.) — 9. (Appian, Bell. Civ., i., 40.) — 10. (Veil 
Patera, ii., 16.)— 11. (ap. Val. Max., 1. c.) — 12. (Etrusk., i., p. 
413, <fcc.)— 13. (1. a, p. 31.: — 14 (Hist, of Rome, i., 381, note 
182, and p. 500, note 1107.) 
660 



From this comparison of the three original tribes, 
it is clear that, when the Romans became unitec 
into one nation, they chiefly followed the custom of 
the Sabines, and perhaps that of the Latins. 1 Ori- 
ginally every Roman citizen belonged to a gens, and 
derived his name (nomen or nomen gentilicium) from 
his gens. The nomen gentilicium generally termi- 
nated in ius, or with a preceding e, in eius, which in 
later times was often changed into aus, as Annius, 
Anneius and Annaeus ; Appuleius and Appulaeus. 
Nomina gentilicia terminating in ilius or elms, some- 
times change their termination into the diminutive 
illus and ellus, as Opillus, Hostillus, Quinlillus, and 
Ofellus, instead of Opilius, Hostilius, Quintilius, and 
Ofelius. 3 Besides this nomen gentilicium, every 
Roman had a name, called praenomen, which prece- 
ded the nomen gentilicium, and which was peculiar 
to him as an individual, e. g., Caius, Lucius, Marcus, 
Cneius, Sextus, &c. In early times this name was 
given to boys when they attained the age of puber- 
tas, that is, at the age of fourteen, or, according to 
others, at the age of seventeen, 3 when they receiv- 
ed the toga virilis.* At a later time it was custom- 
ary to give to boys a praenomen on the ninth day 
after their birth, and to girls on the eighth day. 
This solemnity was preceded by a lustratio of the 
child, whence the day was called dies lustricus, dies 
nominum, or nominalia. 5 The praenomen given to a 
boy was in most cases that of the father, but some- 
times that of the grandfather or great-grandfather. 
Hence we frequently meet with instances like M. 
Tullius, M. F., that is, Marcus Tullius, Marci Alius, 
or C. Octavius, C. F., C. N., C. P., that is, Caius 
Octavius, Caii Alius, Caii nepos, Caii pronepos. 
Sometimes, however, the praenomen was given 
without any reference to father or grandfather, &c. 
There existed, according to Varro, about thirty prae- 
nomina, while nomina gentilicia were innumerable. 
These two names, a praenomen and a nomen gen- 
tilicium, or simply nomen, were indispensable to a 
Roman, and they were, at the same time, sufficient 
to designate him ; hence the numerous instances oi 
Romans being designated only by these two names, 
even in cases where a third or fourth name was 
possessed by the person. Plebeians, however, iD 
many cases, only possessed two names, as C. Ma- 
rius, Q. Sertorius, Cn. Pompeius, &c. The praeno- 
men characterized a Roman citizen as an individ- 
ual, and gave him, as it were, his caput (vid. Caput) 
at the time when he received it. As women had 
not the full caput of men, they only bore the fem- 
inine form of the nomen gentilicium, as Cornelia, 
Sempronia, Tullia, Terentia, Porcia, &c. In later 
times, however, we find that women also sometimes 
had a praenomen, which they received when they 
married, and which was the feminine form of the 
praenomen of their husbands, such as Caia, Lucia, 
Publia. 6 Caia Caecilia, the wife of L. Tarquinius, 
if the name be historical, is an exception to this 
rule. 7 When Macrobius 8 states that girls received 
their name (he evidently means the praenomen) on 
the eighth day after their birth, he alludes, as in the 
case of boys receiving theirs on the ninth day, to 
an innovation of later times, and among the female 
praenomina given at such an early age, we may reck- 
on Prima, Secunda, Tertia, Quarta, Postuma, &c.» 
Vestal virgins, at the appointment to their priest 
hood (captio), when they left the patria potestas, re- 
ceived, like married women, a praenomen, e. g\,Caia 
Tarratia or Caia SufTetia. 10 



1. (Val. Max., 1. c.)— 2. (Horat., Sat., ii., 2, 3, et passim.)— 3. 
(Gellius, x., 28.) — 4. (Fest., s. v. Pubes. — Scarvola ap. VaL 
Max., 1. c.)— 5. (Macrob., Sat., i., 16. — Tertull., De Idolol, 6.) 
—6. (Scaevola ap. Val. Max., 1. c.) — 7. (Val. Max., 1. c. — Vid. 
Ci<*„, Pro Munen., 12.)— 8. (I.e.)— 9. (Varro, De Ling.Lat.,viii M 
p. 141, Bipont.— Suet., Jul., 50.— J. Capitol., Max. et Balb., 5.1 
—10. (Plin., H. N., xxxiv., 11.) 



NOMKIN 



iNOMEN. 



Every Roman citizen, besides belonging to a 
gens, was also a member of a famJia contained in 
a gens, and, as a member of such a familia, he had 
or might have a third name or cognomen. Such cog- 
nomina were derived by the Romans from a varie- 
ty of mental or bodily peculiarities, or from some 
remarkable event in the life of the person who was 
considered as the founder of the familia. Such cog- 
nomina are Asper, Imperiosus, Magnus, Maximus, 
Publicola, Brutus, Capito, Cato, Naso, Labeo, Cau- 
cus. Cicero, Scipio, Sulla, Torquatus, &c. These 
names were in most cases hereditary, and descend- 
ed tc the latest members of a familia ; in some 
cases they ceased with the death of the person to 
whom they were given for special reasons. Many 
Romans had a second cognomen (cognomen secun- 
dum or agnomen), which was given to them as an 
honorary distinction, and in commemoration of 
some memorable deed or event of their life, e. g., 
Africanus, Asiaticus, Hispallus, Cretensis, Macedo- 
nicus, Numantianus, &c. Such agnomina were 
sometimes given by one general to another, some- 
times by the army and confirmed by the chief gen- 
eral, sometimes by the people in the comitia, and 
sometimes they were assumed by the person him- 
self as in the case of L. Cornelius Scipio Asiaticus. 
Sometimes, also, a person adopted a second cogno- 
men which was derived from the name of his mother, 
3lS M. Porcius Cato Salonianus or Saloninus, who 
was the son of M. Cato Censorius and of Salonia. 1 

The regular order in which these names follow- 
ed one another was this : 1. praenomen ; 2. nomen 
gentilicium : 3. cognomen primum ; 4. cognomen 
secundum or agnomen. Sometimes the name of 
the tribe to which a person belonged was added to 
his name, in the ablative case, as Q. Verres Ro- 
milia» 2 C. Claudius Palatina, 3 Ser. Sulpicius Lemo- 
nia. 4 No one was allowed to assume a nomen 
gentilicium or a cognomen which did not belong to 
him, and he who did so was guilty of falsum. 5 

It must have been in comparatively few cases 
that persons had a fourth name or agnomen ; but the 
three others were, at least at a late period, when 
he plebeian aristocracy had become established, 
thought indispensable to any one who claimed to 
belong to an ancient family. 6 In the intercourse of 
common life, however, and especially among friends 
and relatives, it was customary to address one an- 
other only by the praenomen or cognomen, as may 
be seen in the letters of Cicero. It was but very 
seldom that persons were addressed by their nomen 
gentilicium. The most common mode of stating 
the name ol a person, in cases where legal accuracy 
was not the object, was that of mentioning the 
praenomen and cognomen, with the omission of the 
nomen gentilicium, which was easily understood. 
Thus Caius Julius Caesar would, during the better 
ages of the Republic and in familiar address, be 
called Caius, otherwise Caius Caesar, or even Caius 
Julius, but never Julius Caesar, which was only 
done during the latter period of the Republic and 
under the Empire, as in Albius Tibullus, Cornelius 
Nepos, Menenius Agrippa, &c. A very common 
mode of stating the name of a person during these 
latter times was that of merely mentioning the cog- 
nomen, provided the person bearing it w T as suffi- 
ciently known or notorious, as we speak of Milton 
and Johnson, without adding any other distinction, 
although there are many persons bearing the same 
name. The most common of these cases among 
the Romans are Verres, Carbo, Cato, Caepio, Cicero, 
^aesar, Sulla, &c. In the time of Augustus and 
Tiberius, it became very common to invert the an- 

1. (GelUus, xiii., 19.— Plut., Cat. Maj., 24.)- -2. (Cic. in Verr., 
\n -Tq (C ' c ; in v err., ii., 43.)-4. (Cic, P illip., ii., 7.)-5. 
(Dig. 48, t,t. 11, s 13.)-fi. (Juv , - , ]27.) 



cient order of nomen and cognomen, and lo say, *. 
g., Drusus Claudius, or Silvanus Plautius, instead 
of Claudius Drusus and Plautius Silvanus. - 

Roman women had likewise sometimes a cogno- 
men, although instances of it are very rare. It was 
sometimes, like that of men, derived, from personal 
peculiarities, such as Rufa and Pusi'iia ; 2 sometimes 
from the nomen gentilicium of their husbands, as 
Junia Claudilla, Ennia Naevia, 3 Livia Oeellina,* and 
sometimes from the cognomen of their husbands, as 
Caecilia Metella. 

During the latter part of the Republic and the 
early period of the Empire, when the Roman fran- 
chise was given to whole countries and provinces, 
the persons who thus acquired the ci vitas frequent- 
ly adopted the praenomen and nomen of the person 
through whose interest they had obtained the dis- 
tinction, or of the emperor himself. After the time 
of Caracalla (A.D. 212), when all the free inhabitants 
of the Empire had obtained the Roman franchise, 
and when the gentilician relations which had already 
gradually fallen into oblivion were totally forgotten, 
any person might adopt what name he pleased, 
either ancient or newly invented, and even change 
his name if he did not like it ; 5 and henceforth the 
ancient Roman names disappear from the history 
of the Empire with incredible rapidity. 

If a person, by adoption, passed from one gens 
into another, he assumed the praenomen, nomen. 
and cognomen of his adoptive father, and added to 
these the name of his former gens, with the termi- 
nation anus. Thus C. Octavius, after being adopted 
by his uncle C. Julius Caesar, was called C. Julius 
Caesar Octavianus, and the son of L. iEmilius 
Paul lus, when adopted by P. Cornelius Scipio, was 
cdled P. Cornelius Scipio ^Bmilianus. (Vid. Adop- 
tion, Roman.) There were, however, two gen- 
tes, viz., the gens Antonia and the gens Flaminia, 
which, in case of any of their gentiles being adopt- 
ed into another gens, took the termination inut 
instead of anus, as Antoninus and Flamininus, in- 
stead of Antonianus and Flaminianus. Sometimes, 
also, the cognomen of the former family was re- 
tained, and added, without any alteration, to the 
name of the adoptive father, as in the case of Q. 
Servilius Caepio Brutus. 6 This was only done in 
case the cognomen was of great celebrity ; and it 
sometimes underwent a change in the termination. 
Thus Claudius Marcellus, when adopted by Corne- 
lius Lentulus, was called Cornelius Lentulus Mar- 
cellinus. 7 If one man adopted two brothers, the 
adoptive father might choose any praenomen at his 
discretion, in order to distinguish his adoptive sons 
from each other. Thus, when Augustus adopted 
the two sons of Agrinpa, he gave to the one the 
praenomen Caius, and to the other the praenomen 
Lucius. 8 During thn r^arly period of the Empire, it 
appears to have sometimes occurred that a person, 
when adopted into another gens, added his own 
nomen gentilicium. without any alteration, to that 
of his adoptive father, as in the cases of C. Plinius 
Caecilius Secundus and L. ^Elius Aurelius Commo- 
dus. 9 Besides this, many other irregularities oc- 
curred in cases of adoption during the period of the 
Empire, but it is not necessary for our purpose ta 
enumerate them here. 

Slaves had only one name, and usually retained 
that which they had borne before they came into 
slavery. If a slave w T as restored to freedom, he re- 
ceived the praenomen and nomen gentilicium of his 
former master, and to these was added the name 



1. (Veil. Patera, ii., 97, 112.)— 2. (Horai., Sat., ii., 3, 216.)— 
3. (Suet., Calig., 12.)— 4. (Suet., Galb., 3.)— 5. (Cod. 9, tit. 25.) 
6. (Fckhel, Doctr. Num., vol. v., p. 59.) — 7. (Eckhel, Doctr. 
Nunr.., vol. v.. p. 59 and p. 167.)— 8. (Veil. Patera, ii., 96.1—0 
(Dion Cass., Excerpt., lib. Ixxii., c. 15.) 

G61 



NOMOS. 



NOMOS. 



^hich he had had as a slave. He became thus, in 
some measure, the gentilis of his former master, in 
as far as he had the same nomen gentilicium, but 
he had none of the other claims which a freeborn 
gentilis had. 1 Instances of such freedmen are Ti- 
tus Ampius Menander, a freedman of T. Ampius 
Balbus ; 2 L. Cornelius Chrysogonus, a freedman of 
L. Cornelius Sulla ; 3 M. Tullius Laurea and M. Tul- 
lius Tiro, freedmen of M. Tullius Cicero. It appears, 
however, that the emancipator sometimes avoided 
giving to his freedman his nomen gentilicium, for 
Dion Cassius 4 mentions a freedman of J. Cassar 
whose nomen gentilicium is Licinius. If the state 
emancipated a servus publicus, and gave him the 
franchise at the same time, any praenomen and no- 
men were given to him, or he took these names 
from the magistrate who performed the act of 
emancipation in the name of the state, and then 
received a cognomen derived from the name of the 
city, as Romanus or Romanensis. 5 

N0MI2MAT02 AIA<P0OPA2 ITA<I>H (vofiicfia- 
toc diatydopac ypatyfj) is the name of the public 
action which might, at Athens, be brought against 
any one who coined money either too light in weight 
or not consisting of the pure metal prescribed by the 
law. The lawful punishment inflicted upon a per- 
son in case he was convicted was death. 6 What 
action might be brought against those who coined 
money without the sanction of the Republic, and 
how such persons were punished, is not known. 7 

NOMOPHYL'ACES (Nofjofv/laitec). This name 
denotes certain magistrates or official persons of 
high authoiity, who exercised a control over other 
magistrates, and, indeed, over the whole body of 
the people, it being their duty to see that the laws 
were duly administered and obeyed. Mention is 
made of such officers at Sparta and elsewhere, 
and some of the Greek philosophers who wrote on 
'egislation appear to have thought that such a body 
of men was essential to the well-being of a social 
community. 8 No such body existed at Athens, for 
ihey must have had a power too great for the ex- 
istence of a democracy. The senate of 500, or the 
areopagitic council, performed in some measure 
the office of law-guardians ; 9 but the only persons 
designated by this name appear to have been infe- 
rior functionaries (a sort of police), whose business 
it was to prevent irregularities and disturbances in 
the public assemblies. Even their existence has 
been doubted by mode* a writers : some think they 
have been confounded with the SeofiodeTai. An- 
other hypothesis is, that the office was never intro- 
duced until the time of Demetrius Phalereus, who, 
when he was invested with the authority of lawgiver 
by Cassander, gave to the Eleven the additional 
duty of watching the conduct of all the other ma- 
gistrates, with a view to introduce a more aristo- 
cratical government. In favour of this opinion, it 
has been Observed, that the office of vofio^vXaKeg Is 
only mentioned by grammarians, and they refer to 
Dinarchus, who was the friend and contemporary 
of Demetrius. 10 

NOMOS (vofioc). This word comprehends the 
notion not only of established or statute law, but 
likewise of all customs and opinions to which long 
prescription or natural feeling gives the force of 
law ; as Euripides 11 expresses it, to kv ^povrj //a/cpoi 
v6fj.ifj.ov uel tyv<sa re 7ce6vkoc. In the heroic ages, 

1. (Cic, Top., 6.)— 2. iCic. ad Fam., xiii., 70.)— 3. (Cic.,Pro 
Rose. Am., 2, &c.) — 4. (liv\, 21.)— 5. (Varro, De Ling. Lat., vii., 
p. 124, &e., Bipont. — Liv., iv., 61.) — 6. (Demosth., c. Lept., p. 
508.— Id., c. Timocr., p. 765, &c.)— 7. (Vid. Petitus, Leg. Att., 
p. 510.) — 8. (Schomann, Ant. Jur. Pub. Gr., p. 130.— Plato, 
Leg., vi., p. 252.— Xen., CEcon., ix., 14.)— 9. (Arist., Pol., vi., 
5, sub fin. — Andoc, De Myst., 11.) — 10. (Vid. Schneider's note 
to Aristotle, Pol., vi., 5, ^ 10— Wachsmuth, i., 1, p. 209.— Meier, 
Att. Proc, p. 68-73.)—ll. (Bacch., 893 ) 
662 



before the period of authentic history begins, wa 
find in the Homeric and other poems traces of a 
general belief among the Greeks that government 
ought to be controlled by law. As even the su- 
preme God was supposed to be subject to a higher 
power, Fate or 'Avaynrj, so the Aiorpe^ peering 
was bound to govern according to the rules of jus 
tice, Slktj, vofiog, evvofjirj. 1 Government, though 
monarchical and hereditary, was nevertheless lim- 
ited, £Ttl prjTolg yepaci. 2 The monarchs were rjyr}- 
ropeg rjde fxedovreg, bound to consult for the good of 
their people, and to listen to the advice of then 
counsellors, or the chief men of the state (yepovTec, 
avanTEg, &c), and also to administer justice, dUac 
deiicaTac, evdiniac. 3 

These notions of law and justice were necessa- 
rily vague. The regal power, though limited in 
practice, appears to have been absolute in theory, 
and, as such, was easily liable to be abused. We 
find complaints of the abuse of power in Hesiod : 4 
and Wachsmuth 5 remarks that the Odyssey con- 
tains indications of a struggle of the nobility against 
the sovereign. That many beneficial concessions 
were made by the kings to their people before the 
age of authentic history, is not improbable. The 
changes introduced by Theseus may be considered 
in this light. But the first great step towards the 
establishment of constitutional law appears to have 
been taken by the Athenians, when they abridged 
the power of the Medontidae, and rendered govern- 
ment responsible, ttjv I3aai.7i.eiav fisTiaTTfcrav etc <ipxv* 
virevdvvov. 6 

The transition from customary or traditionary 
law to fixed civil ordinances must have taken place 
gradually. When people came to unite in cities 
{ovvukI&vto), and form compact societies, they be- 
gan to feel the necessity of having permanent laws 
to define and secure their civil rights. The rlotion 
soon sprang up that society was formed for the 
good of all classes. '"Hie expression to koivov, for- 
merly applied to national leagues and confederacies, 7 
came to denote a uniu^u cody of citizens, and equal 
laws were claimed for bXL From this body, indeed, 
were excluded all such parsons as came under the 
definition of nepioutoi, provincials, 8 or serfs, like the 
Helots, and all slaves of every kind. It was only 
the townsman (TzoliT^g) and the freeman who could 
enjoy the privileges of a citizen. The emigrant 
{aTifirjToc /xsTavacTTjc), though, if he became a resi- 
dent (fJETOLKog), he was, upon certain conditions, 
admitted to the protection of the law, was never 
placed on the same footing as the native. 

Before any written codes appeared, law was 
promulgated by the poets or wise men, who sang 
the great deeds of their ancestors, and delivered 
their moral and political lessons in verse. Such 
was the prjTpa (declared law) of Sparta and Taren- 
tum. The laws of Charondas were sung as aKoKia 
at Athens. 9 The influence exercised by these men 
arose in a great measure from the belief that they 
were divinely inspired, a power which was ascribed 
to most of the ancicsit !a« w -'makers. Thus the laws 
of Minos were said to be a revelation from Jupiter ;" 
Lycurgus was the confidant of the Delphic god ; 
Zaleucus of Pallas. 11 Some have supposed that the 
use of vSfioc, in the sense of la:o, was derived from 
the circumstance of laws having first been in veise, 
as the same word denotes measure or time. But 
this is not surprising, when we consider that prin I 



1. (Horn., Od., xvii., 487.— P^nd., Pyth., ii., 157.— Herod., iii., 
38.— Hes., Op. et D., 274.)— 2. (Thucyd , 1, 13.)--3. (II., ii., 
660.— lb., xvi., 542.— Od., xix., 3.— lb., iv., 689.)— 4. (Op. et D- 
39, 258.)— 5. (Hell. Alt., I., i„ c. 18.)— 6. (Paus., iv., 5, $ 10.)— 
7. (Herod., v., 109.)-8. (Heud., vi., 58.— Id., ix., 11.)— 9. 
(JElian, ii., 39. — Arist., ProbL, xix., 28 — Athensus, xiv., p. 619 
—Wachsmuth, Hell. Alt., I., i., p. 201, 208.)— 10. {Pausan., iii 
2, <) 4.)— 11. (Wachsmuth, 1., i., p. 204.) 



iNOMOS. 



NOMi THETES. 



etples of harmony are necessary not only to music 
and poetry, but to the adjustment of the various re- 
lations of civil society ; and both meanings may well 
be derived from ve\ieiv (distribuere suum cuique). 

As civilization advanced, laws were reduced to 
writing, in the shape either of regular codes or dis- 
tinct ordinances, and afterward publicly exhibited, 
engraved on tablets, or hewn on columns. 1 The 
first written laws we hear of are those of Zaleucus. 2 
The first at Athens were those of Draco, called 
decuoi, and by that name distinguished from the 
vofxoi of Solon. 3 From the origin of this w T ord, one 
would suppose that it signified ordained or stat- 
ute law, reddg vop.og : but it is frequently used like 
&tfiic, in the sense of natural right or social usage.* 
The six inferior archons were called dEcuodirai, 
because a great variety of causes fell under their 
cognizance, and, in the absence of a written code, 
tnose who declare and interpret the laws maybe 
properly said to make them. 8 

The laws of Lycurgus were not written. He 
enjoined that they should never be inscribed on 
any other tablet than the hearts of his country- 
men. 6 Those of Solon w r ere inscribed on wooden 
tablets, arranged in pyramidal blocks turning on an 
axis, called at-ovsg and Kvp6eig. 7 They were first 
hung in the Acropolis, but afterward brought down 
to the Prytaneum. 8 Archives were established for 
the custody of Athenian laws in the temple of the 
mother of the gods (ev ru finrpuu), with a public 
servant (671/16010$) to take care of them. 9 Others 
were hung up in various public places, so that any 
citizen might have access to them, to read or take 
extracts. For instance, laws which concerned the 
jurisdiction of the archon were hung up in his of- 
fice ; those which concerned the senate (i3ovhevTiKoi 
vofioi) in their council-room, and so on. 10 After the 
expulsion of the thirty tyrants, in the archonship of 
Euclides, a decree was. passed by the assembly to 
restore the ancient laws, and appoint a committee 
to revise them, and propose any alterations or ad- 
ditions that might seem necessary. The new and 
old laws were all to be written out in the enlarged 
Ionian alphabet, which had not come into use in 
Solon's time ; and the whole code, thus revised, was 
transcribed on the walls of the portico (slg tj)v cto- 
av dviypaxbav). At the same time it was enacted 
that no magistrate should be allowed to use an un- 
written law (uypdipu 6e vo/iu Tag dpxdg p.7) xpqodai 
u?]6e TTEpl ivog). 11 

According to these statutes of Solon, and those 
which were subsequently enacted at various times, 
the magistrates and the judges at Athens were 
bound to administer the law, executive and judi- 
cial. The heliastic body, acting in their capacity 
of judges or jurors (as to their legislative, see No- 
mothetes), were sworn Ttepl fiev uv vo/lloc elal, 
Kara Tovg vo/j.ovg ipnQulodai, Tzepl 6e uv p.7) eiai, yvu- 
pi) tj) 6u<aioTaT7i. 12 In all causes, whether qvil or 
criminal, the parties procured copies or extracts of 
such laws as were material to the questions to be 
tried, and brought them before the vye/iuv 6LnaoTn- 
piov at the avuKpioig, by whom they were consigned 
to the kxivog, and produced at the trial, to be read 
to the 6iKaoTai by the ypafifiarEvg. If any man pro- 
duced before the judges a fictitious law (ovk ovra 
vouov), he was punishable with death. 13 

1. (Lye, c. Leoc., 165, ed. Steph. — Aristot., Pol., v., 9, $ 2. — 
Piato, Leg., v., p. 738.) — 2. (Wachsrauth, I., i., p. 208.) — 3. 
(Andoc., De Mvst., p. 11, ed. Steph.) — 4. (Horn., II., ix., 134 ; xi., 
J78.— Od., xiiii., 296.) — 5. (Thirlwall, Hist, of Gr., vol. ii., p. 
17.)— 6. (Thirlwall, i., p. 336.)— 7. (Harpocrat.— Suidas, s. v.— 
Plut., Solon, 25.) — 8. (Harpocrat., s. v. 6 tedrudev vduos. — Pau- 
san., i., 18, $ 3.) — 9. (Demos'h.. De Fals. Leg., 381; c. Aris- 
tog., 799.)— 10. (Demosth., c. Anstoc, 627-643 ; c. Timoc, 706. 
— Wachsm., 1., i., p. 266. — Meier and Schomann, Att. Proc., p. 
170. 660.)— 11. (Andoc., De Myst., 11-13, ed. Steph.)— 12. (Meier 
%nd Schtim., Att. Proc., p. 128.)— 13. (Demosth., c. Anst., 807.) 



As the 6iKaoTai (chosen as explained under Du 
kastes) performed the functions of both judge 
and j ury, it is evident that the important question, 
how the law r s of Athens w r orked, depends on the 
discretion which in practice they exercised in the 
interpretation of the written law. This is only to 
be discovered by a careful perusal of the Attic ora- 
tors, and is too w r ide a question to be discussed 
here. Much light is thrown on the subject by 
Aristotle, 1 who, in treating of judicial matters, al 
ways has in view the practice of the Athenian 
courts. He reckons the vofioc among the ursxvot 
Tric-Eic, and advises the orator, when the law of the 
country is against him (mv kvuvrtog t) 6 yEypa/ujuivog 
tC> 7ipu.yfj.arc), to appeal to the universal law of jus- 
tice or equity (r£» koiv£> voficp nai role ettceikegcv, 6g 
6ucatoTEpoLg). For (says he) if the WTitten law is 
contrary to justice, it is not a law, ov yap ttoiec to 
spyov tov vouov. From this it may be seen, that 
the notions entertained by the Athenians of the 
discretion to be exercised by a judge were some- 
what different from our own. There existed at 
Athens no class of persons corresponding to our 
counsel or attorneys, whose business or profession 
it was to expound the laws. The office of the e£- 
Tiynrai related only to religious observances. ( Vid. 
Exegetai.) According to the principle of the com 
stitution, every citizen was bound to watch over 
the preservation of the laws, and to inform against 
and prosecute any persons who transgressed them. 
The people, either on the bench or in the assembly, 
were the ultimate judges. 3 

As to the difference between vop.oc and ip7J(pto'{ia, 
and as to the manner in which laws were enacted 
or repealed, see Nomothetes. 

NOMOTH'ETES (vouodirng), legislator, is a word 
which may be applied to any person who causes 
laws to be enacted. Thus Pericles and Themis- 
tocles are called vofiodiTat, movers or proposers ol 
laws. 3 It is, however, more commonly given to 
those eminent men whose laws have been celebra- 
ted for their intrinsic merit, or for the important 
influence which they exercised over the destinies 
of their country. Such were Minos of Crete, Dra- 
co at Athens, Zaleucus at Locri, and Charondas, 
whose laws w ere distinguished for their aKpldeia, and 
were received at Rhegium, Catana, and other Chal 
cidian states.* Many other men have been hon 
oured with this title, either for having improved 
the laws of their countrymen, or as having, by theu 
writings, their counsel, and their good example, 
led to the introduction of a sound moral discipline 
among them. These were the sages or wise men, 
called by Diogenes Laertius 5 gweto'l Tivsg nai vouo- 
Oetlkol. Pittacus of Lesbos, Phidon of Argos, Tha 
les of Miletus, Bias of Priene, Chilon, who im- 
proved the laws of Lycurgus, and Pythagoras, ma) 
be reckoned in this class. 6 But the name of vouo- 
diTTjg is given Kar' kt-oxyv to Solon and Lycurgus ; 
for they not only introduced codes of laws, bui 
were founders of* constitutions (ttoIitelcii), which, 
though from time to time modified and altered, and 
sometimes even suspended, remained more or less 
in force so long as Athens and Sparta existed as 
republics. 7 So high was the esteem in which Solon 
was held by the Athenians, as the founder of their 
social polity, that, although many important re- 
forms were effected at various periods, he still con- 
tinued to be regarded as the lawgiver (6 vofiodET7ig\ 
and the whole body of law r s passed under his name. 
Wachsmuth 8 remarks, that on this account, when- 
ever a law of Solon is cited, we may suspect thai 

1. (Rhet., i., 15.)— 2. (Lycurg., c. Leoc., 148, ed. Steph.) — 3. 
(Lys..c. Nicom., 186, ed. Steph.) — 4. (Aristot., Pol., ii., 9, <) 8. 
— Hermiii.u, PoJL Aur., t) 88, 89.)— 5. (i., 40.)— 6. (Wachsm., I., 
i., p. 212.)— 7. (Aristot., Pol., ii., 9, t> 1.)— 8. (I., i., 268.) 

6G3 



NORMA 



NOTA CENSOR (A 



it contains interpolation On the other hand, we 
should bear in mind that in all the changes which 
took place in the Athenian constitution, the reform- 
ers aimed at preserving the main principles of So- 
lon's policy. Clisthenes, who established the df/fioi, 
remodelled the qvTiai, and made other changes, is 
characterized by Aristotle 1 as having for his object 
av^rjaai rrjv drj/xoKparlav. 

There is this remarkable difference between the 
legislation of Solon and that of other Greek law- 
givers, that he did not (as they did) endeavour to 
secure fixity and finality for his institutions. Za- 
leucus and Charondas are said to have made it a 
capital crime to propose new laws. Lycurgus for- 
bade young men to censure the laws ; and when 
he went on his last journey, from which he never 
returned (the story says), he bound his countrymen 
by an oath to observe all his laws till his return. 
Solon exacted a similar oath of the Athenians for 
only ten years. 2 

But Solon also devised regulations by which the 
laws might undergo periodical revision, and be 
amended as occasion required. At the first nvp'u 
eK/ilrjcia in every year, any person was at liberty 
to point out defects in the existing code or propose 
alterations. If his motion was deemed worthy of 
attention, the third assembly might refer the mat- 
ter to a legislative committee, called vofiodirai. 
This committee was selected by lot from the heli- 
astic body ; it being the intention of Solon to limit 
the power of the popular assembly by means of a 
superior board emanating from itself, composed of 
citizens of mature age, bound by a stricter oath, 
and accustomed to weigh legal principles by the 
exercise of their judicial functions. The number 
of the committee so appointed varied according to 
the exigency of the occasion. The people appoint- 
ed five advocates (ovvSikol) to attend before the 
board and maintain the policy of the existing insti- 
tution. If the proposed measure met the approval 
of the committee, it passed into law forthwith. Be- 
sides this, the thesmothetaB were officially author- 
ized to review the whole code, and refer all statutes 
which they considered unworthy of being retained 
to the vo/LiodeTai. 3 

Hence appears the difference between ^rj^Lujia 
and vapor. The mere resolution of the people in 
assembly was a ip7Jfiafia, and only remained in 
force a year, like a decree of the senate. Nothing 
was a law that did not pass the ordeal of the vop.o- 
derai. The democracy of Solon was therefore one 
of that kind, in which (as Aristotle says), nvpioc fjv 
6 vbp.oc'uXK ov to 7v?^doc* Privilegia required to 
be passed by six thousand of the people in assem- 
bly, giving their votes secretly. The naturalization 
of a foreigner is an example of a privilegium, for 
which two votes of different assemblies were ne- 
cessary. 5 

Propositions to be submitted to the people were 
first approved by the senate of 500, and then called 
<rpo6ov?iEVfia.Ta. The mover of a law was said ^el- 
vat or ypd^etv vojuov, the people who passed it &eg- 
9ac To endict a man for proposing illegal meas- 
ures was called ypd<peodai tivcl napavo/xuv. As to 
the proceedings in such a case, see ITAPANOMQN 
VPA4>H. 

NON^E. (Vid. Calendar, Roman.) 

NORMA {yvu/j.G)v), a square used by carpenters, 
masons, and other artificers, to make their work 
rectangular. 6 It was made by taking three flat 

1. (Pol., ii., 6, (> 11.)— 2. (Herod., i , 29.— Wachsm., I., i., p. 
211.— Thirlvvall, Gr. Hist., i., 295.)— 3. (Hermann, Pol. Ant., $ 
131.— Wachsm., I., i., p. 260 — Thirlwall, ii., p. 46.— Demosth., 
c. Timoc, 706.)— 4. (Pol., IV., 4, (i 3.— Hermann, Pol. Ant., $ 
67,n.8. — Demosth., c. Aristoc. 649, 651.) — 5 (Demosth., c. 
Neaer., 1375.)— 6. (Philo de 7 orb. Spect., 2.— Vitruv., vii., 3.-- 
Piin.. II. N., xxxvi., 22, s. 51 —Prudent., Psycho n., 828.; 
AS4 



wooden rulers (vid. Regula) of equal thickness, 
one of them being two feet ten inches long, the 
others each two feet long, and joining them togeth- 
er by their extremities so as to assume the jbrm of 
a right-angled triangle. 1 This method, though only 
a close approximation, must have been quite suffi- 
cient for all common purposes. For the sake of 
convenience, the longest side, i. e., the hypotenuse 
of the triangle, was discarded, and the instrument 
then assumed the form in # which it is exhibited 
among other tools in the woodcut at p. 252. A 



ALVA 







IN STWMEN" . TABPv . TIGN AEL 



square of a still more simple fashion, made by me: e- 
ly cutting a rectangular piece out of a board, is 
shown on another sepulchral monument, found at 
Rome and published by Gruter, 3 and copied in the 
woodcut which is here introduced. 

From the use of this instrument, a rijjht angle 
was also called a normal angle. 3 Anything missha- 
pen was called abnormis. 4 - 

NOTA CENSO'RIA was the remark which the 
censors in their lists wrote by the side of the name 
of a Roman citizen who deserved censure for mis- 
demeanour or immoral conduct. For one important 
branch of the power of the Roman censors was the 
disciplina or cur a morum, whence they are called by 
Cicero 5 prccfecti moribus et magistri veteris discipline 
et severitatis. This part of the censorial power ap- 
pears at first to have extended no farther than to 
censure and to punish the bad conduct of a citizen 
in so far as it had an injurious influence on his cen- 
sus, 6 but gradually it acquired the character of a 
complete superintendence of the whole private and 
public life of a citizen. This part of their office 
invested them with a peculiar kind of jurisdiction, 
which in many respects resembles that which in 
modern times is exercised by public opinion ; for 
there are innumerable actions which, though ac- 
knowledged by every one to be bad and immoral, 
yet do not come within the reach of the positive 
laws of a country. Even in cases of real crimes, 
the positive laws frequently punish only the partic- 
ular offence, while in public opinion the offender, 
even after he has undergone punishment, is still in- 
capacitated for certain honours and disti ictions,. 
which are granted only to persons of unblemished 
character. Hence the Roman censors might brand 
a man with their nota censoria in case he had been 
convicted of a crime in an ordinary court of jus- 
tice, and had already suffered punishment for it. 7 
The nota censoria, also called animadversio or nota' 
tio censoria, together with the punishment and the 
■ ■ — i 

1. (Isid., Ong-.,xix., 19.)— 2. (1. c, p. 229.) —3. (Quintil., xi. 
3, p. 446, ed. Spalding.)— 4. (Hor., Sat.., ii., 2, 3.'— 5. (Pro Clu 
eat., 26.)— 6. (Liv., iv., 8.)— 7 (Val. Max., ii., 9, t> 6 i 



NOTA CENSORIA. 



NOTA CENSORIA. 



cause of :*s infliction, were marked by the side of 
the came of the guilty citizen (causam notcE subscri- 
bere) 1 . Ths consequence of such a nota was only 
ignominia, and not infamia 8 (vid. Infamia, Roman, 
p. 535), and the censorial edict was not a judicium 
or res judicata, 3 for its effects were not lasting, but 
might be remedied by the improved conduct of the 
guilty person, or removed by the following censors, 
by a judicial decision, or by a lex. A nota censo- 
ria was, moreover, not valid unless both censors 
agreed. The ignominia was thus only a transitory 
capitis diminutio, which does not even appear to 
have deprived a magistrate of his office,* and cer- 
tainly did not disqualify persons labouring under it 
foi obtaining a magistracy, for being appointed as 
judicc-s by the praetor, or for serving in the Roman 
armies. Mam. J2milius was thus, notwithstanding 
the animadversio censoria, made dictator. 5 

A person might be branded with a censorial nota 
in a variety of cases, which it would be impossible 
to specify, as in a great many instances it depended 
upon the discretion of the censors and the view 
they took of a case ; and sometimes even one set 
of censors would overlook an offence which was 
severely chastised by their successors. 6 But the 
offences which are recorded to have been punished 
by the censors are of a threefold nature. 

I. Such as occurred in the private life of individ- 
uals, e. g., 1. Living in celibacy at a time when a 
person ought to be married to provide the state 
with citizens. 7 The obligation of marrying was 
frequently impressed upon the citizens by the cen- 
sors, and the refusal to fulfil it was punished with 
a fine (ces uxorium?). 2. The dissolution of matri- 
mony or betrothment in an improper way, or for 
insufficient reasons. 9 3. Improper conduct towards 
one's wife or children, as well as harshness or too 
great indulgence towards children, and disobedi- 
ence of the latter towards their parents. 1 ° 4. Inordi- 
nate and luxurious mode of living, or spending more 
money than was proper. A great many instances 
of this kind are recorded. 11 At a later time the leges 
sumtuariae were made to check the growing love of 
luxuries. 5. Neglect and carelessness in cultiva- 
ting one's fields. 12 6. Cruelty towards slaves or 
clients. 13 7. The carrying on of a disreputable 
trade or occupation, 1 * such as acting in the thea- 
tres. 1 * 8. Legacy-hunting, defrauding orphans, &c. 

II. Offences committed in public life, either in 
the capacity of a public officer or against magis- 
trates. 1. If a magistrate acted in a manner not be- 
fitting his dignity as an officer, if he was accessible 
to bribes or forged auspices. 16 2. Improper conduct 
towards a magistrate, or the attempt to limit his 
power, or to abrogate a law which the censors 
thought necessary. 17 3. Perjury. 18 4. Neglect, dis- 
obedience, and cowardice of soldiers in the army. 19 
5. The keeping of the equus publicus in bad condi- 
tion. (Vid. Equites.) 

III. A variety of actions or pursuits, which were 
thought to be injurious to public morality, might be 
forbidden by the censors by an edict, 30 and those 
who acted contrary to such edicts were branded 

1. (Gellius, xvii., 21.— Cic, Pro Cluent., 42.)— 2. (Cic, De 
Rep., iv., 6.)— 3. (Cic, Pro Cluent., 1. c.)— 4. (Liv., xxiv., 18.) 
—5. (Liv., iv., 31.)— 6. (Cic, De Senect., 12.)— 7. (Val. Max., 
u., 9, () 1.)— 8. (Fest., s. v. Uxorium.— Liv., Epit., 59.— Plut., 
Camill., 2.— Gellius, i., 6.— Id., iv., 20.)— 9. (Val. Max., ii., 9, <) 
2.— Varrn, De Ling. Lat., v., p. 70, Bipont.)— 10. (Plut., Cat. 
Maj., 17.— Compare Cic, De Republ., iv., 6.— Dionys. Hal., xx., 
3.)— 11. (Liv., Epit., 14.—Id., xxxix., 44.- Plut., Cat. Maj., 18. 
— Gellius, iv., 8.— Val. Max., ii.. 9, (> 4.)— 12. (Gellius, iv., 12. 
— Plin., H. N., xviii.. 3.)— 13. (Dionys., xx., 3.)— 14. (Dionys., 
t. c) — 15. (Liv., TiL, 2)— 16. (Cic, De Senect., 12.— Liv., 
xxxix., 42.— Val. Maz., ii., 9, t> 3.— Plut., Cat. Maj., 17.— Cic, 
De Divin., i., 16)— 17. (Liv., iv., 24.— Cic, De Orat., ii., 64.— 
Val. Max., ii., 9,$ 5.— Gellius, iv., 20.)— 18. (Cic,Dc Off., i., 13. 
—Liv., xxiv., 18.— Gellius, vii., 18.)— 19. (Val. Max., ii., 9, $ 7. 
—Lis, xxiv., 18.—Id., xxvii., 11.)— 20. (Gellius, xv.. 11 > 
4 P 



with the nota and degraded. For an enumeration 
of the offences that might be punished by the cen- 
sors with ignominia, see Niebuhr, Hist, of Rome, ii., 
p. 399, &c. 

The punishments inflicted by the censors gener- 
ally differed according to the station which a man 
occupied, though sometimes a person of the highest 
rank might suffer all the punishments at once, by 
being degraded to the lowest class of citizens. But 
they are generally divided into four classes : 

1. Motio or ejectio e senatu, or the exclusion of a 
man from the number of senators. This punish- 
ment might either be a simple exclusion from the 
list of senators, or the person might at the same 
time be excluded from the tribes and degraded to 
the rank of an agrarian. 1 The latter course seems 
to have been seldom adopted ; the ordinary mode 
of inflicting the punishment was simply this : the 
censors, in their new lists, omitted the names of 
such senators as they wished to exclude, and in 
reading these new lists in public, passed over the 
names of those who were no longer to be senators. 
Hence the expression prceteriti senatores is equiva- 
lent to e senatu cjccti* In some cases, however, 
the censors did not acquiesce in this simple mode 
of proceeding, but addressed the senator whom they 
had noted, and publicly reprimanded him for his 
conduct. 3 As, however, in ordinary cases, an ex- 
senator was not disqualified by his ignominia for 
holding any of the magistracies which opened the 
way to the senate, he might at the next census 
again become a senator.* 

2. The ademptio equi, or the taking away the 
equus publicus from an eques. This punishment 
might likewise be simple, or combined with the ex- 
clusion from the tribes and the degradation to the 
rank of an aerarian. 5 ( Vid. Equites, p. 416.) 

3. The motio e tribu, or the exclusion of a person 
from his tribe. This punishment and the degrada- 
tion to the rank of an aerarian were originally the 
same ; but when, in the course of time, a distinc- 
tion was made between the tribus rusticae and the 
tribus urbanae, the motio e tribu transferred a per- 
son from the rustic tribes to the less respectable 
city tribes ; and if the farther degradation to the 
rank of an aerarian was combined with the motio e 
tribu, it was always expressly stated. 6 

4. The fourth punishment was called referre in 
ararios, 1 or facer e aliquem czrarium? and might be 
inflicted on any person whom the censors thought 
to deserve it. (Vid. -zErarii.) This degradation, 
properly speaking, included all the other punish- 
ments, for an eques could not be made an aerarius 
unless he was previously deprived of his horse, nor 
could a member of a rustic tribe be made an aerari- 
us unless he was previously excluded from it. 9 

A person who had been branded with a nota 
censoria might, if he thought himself wronged, en- 
deavour to prove his innocence to the censors (cau- 
sam agere apud censores 10 } ; and if he did not suc- 
ceed, he might try to gain the protection of one of 
the censors, that he might intercede on his behalf. 
If neither of the censors would intercede, he might 
appeal to the tribunes, or to the people itself. But 
cases in which this last refuge was resorted to 
must have occurred very seldom, and where they 
happened they were mostly unsuccessful attempts ; 
whence Dionysius, 11 with some justice, says that 
the censorship was an upxv awrrevdwoc. 1 * 

1. (Liv., xxiv., 18.) — 2. (Liv., xxxviif., 28. — Id., xxvii., 11.— 
Id., xxxiv., 44. — Festus, s. v. Pr<£teriti.) — 3. ;Liv., xxiv., 18.)— 
4. (Cic, Pro Clueut., 42.— Plut., Cic, 17.)— 5. (Liv., xxiv., 18, 
43.— Id., xxvii., 11.— Id., xxix., 37.— Id., xliii., 16.)— 6. (Liv., 
xlv., 15— Plin., H. N., xviii., 3.)— 7. (Liv., xxir., 18.— Cic, Pro 
Cluent., 43.)— 8. (Liv., xxiv., 43.)— 9. (Liv., iv , 24.— Id., xxiv, 
18, &c)— 10. (Varro, De Re Rust., i.. 7.)- 11. (xviii., 19.)— 19 
(Compare Guttling, Gesch. der Rom. Staat.- r., p. 340, &c.) 

665 



NOVI HOMINES 



NOXALIS ACTIO. 



NOTA'RII. (Vid. Librarii.) 

NOTI'TIA DIGNITA'TUM, or, irore fu Jy, "No- 
Hlia Dignitatum et Administrationum omnium tarn 
Civilium quam Militarium in partibus Orientis et Oc- 
cidents," is the title of a work containing a list of 
the civil and mi'itary offices and dignities of the 
Roman Empire. It does not contain the names of 
any of the office. *s, but merely the titles belonging 
to them. The work is of very great importance to 
those who wish to become acquainted with the in- 
ternal organization and administration of the Ro- 
man Empire during its latter period. At what 
time the book was written, or by what author, is 
unknown, though it is generally supposed that it 
was composed between the year A.D. 425 and 452. 
The last edition of it is that by E. Booking, in 2 
vols. 8vo, Bonn, 1839 and 1840. 

NOVA'LE. (Vid. Aratrum, p. 80.) 

NOVA'TIO. (Vid. Obligationes, p. 674.; 

NOVELLA or NOVELLA CONST ITUTIO'- 
NES form a part of the corpus juris. Most of them 
were published in Greek, and their Greek title is Av- 
TOKpaTopoc'IovoTiviavov Avyovarov Neapal Aiard^eic. 
Some of them were published in Latin, and some in 
both languages. The first of these novellae of Jus- 
tinian belongs to the year A.D. 535 (Nov. 1), and 
the latest to the year A.D. 565 (Nov. 137) ; but 
most of them were published between the years 
535 and 539. These constitutiones were published 
after the completion of the second edition of the 
Code, for the purpose of supplying what was defi- 
cient in that work. Indeed, it appears that, on the 
completion of his second edition of the Code, the 
emperor designed to form any new constitutions 
which h*. 1 might publish into a body by themselves, 
so as to render a third revision of the Code unne- 
cessary, and that he contemplated giving to this 
body of law the name of Novellae Constitutiones. 1 
It does not, however, appear that any official com- 
pilation of these new constitutions appeared in the 
lifetime of Justinian. The Greek text of the Novel- 
la?, as we now have them, consists of 168 novelise, 
of which 159 belong to Justinian, and the rest to 
Justin the Second and to Tiberius : they are gener- 
ally divided into chapters. 

There is a Latin epitome of these novella? by Ju- 
lian, a teacher of law at Constantinople, which 
contains 125 novellae. The epitome was probably 
made in the time of Justinian, and the author was 
probably antecessor at Constantinople. 

There is also another collection of 134 novellae 
in a Latin version made from the Greek text. This 
collection is generally called Liber Authenticorum : 
the compiler and the time of the compilation are 
unknown. This collection has been made inde- 
pendently of the Greek compilation. It is divided 
into nine collationes, and the collationes are divi- 
ded into tituli. 

The most complete work on the history of the 
Novellae is by Biener, Geschichle der Novellen. See 
also Beytrag zur Litterar-Geschichte des Novellen- 
Auszugs von Julian, Von Haubold, Zeitschrift, &c, 
iv. 

NOVEMBER. (Vid. Calendar, Roman.) 

NOVENDIA'LE (sc. sacrum) was the name given 
to two different festivals. I. It was the name of a 
festival lasting nine days, which was celebrated as 
often as stones rained from heaven. It was origi- 
nally instituted by Tullus Hostilius, when there 
was a shower of stones upon the Mons Albanus, 
and was frequently celebrated in later times. 3 II. 
This name was also given to the sacrifice perform- 
ed nine days after a funeral. (Vid. Funus, p. 462.) 

NOVI HO'MINES. After the senate and the 

I. (Const , Cordi., s. 4.)— 2. (Liv., i., 31.— Id., xxi., 62.— Id., 
xxv., 7.— Id , xxvi., 23.— Id., xxvij., 37.— Id., xxix.. 34.) 



hi^ er offices of the state were opened to the p\& 
beians, a new order of nobles arose, and the terra 
Nobiles was applied to those persons whose ances- 
tors had been magistratus curules. (Vid. Magis 
tratus.) Those persons, on the contrary, whose 
ancestors had not been so distinguished, were call- 
ed Ignobiles ; and when those who belonged to the 
latter class obtained any of the higher magistracies, 
they were called Novi Homines, or upstarts. 1 The 
nobiles attempted to keep all the higher offices of 
the state in their own body, and violently opposed 
all candidates who did not belong to their order.* 
Some of the most distinguished men in the state 
were, however, novi homines, as T. Coruncanius, 
who lived before the first Punic war, Sp. Carvilins, 
M. Cato, Mummius, the conqueror of Achaia, C. Ma- 
rius, and Cicero. 3 

NOVI OTERIS NUNTIA'TIO. (Vid. Operis 
Novi Nuntiatio.) 

*NOUME / NIUS (vovufivtoc), " the name of a bird 
mentioned by Hesychius. Gesner supposes it to 
be the Curlew, or Arquata of Latin authors. Lin- 
naeus forms the scientific name of the Curlew by the 
junction of the Greek and Latin names, i. e., Nume 
nius Arquata."* 

NOXA. (Vid. Noxalis Actio.) 

NOXA'LIS ACTIO. If a filiusfamilias or a slave 
committed theft or injuria, the person injured had 
a noxalis actio, or a legal remedy for the noxa or 
wrong done to him, against the father (paterfamili 
as) or the owner of the slave, as the case might be, 
but he had no action against the son or the slave. 
The word noxa (from noc-eo) properly signified in 
jury done ; in its legal sense it comprehended every 
delictum. 5 The father or the master might either 
pay damages to the injured person, or surrender the 
offender to him. The surrender of the offender 
was expressed by the phrase " noxae dare or de- 
dere ;" and the acceptance of the offender in satis- 
faction of the injury was expressed by the phrase 
"noxae accipere :" in these expressions "noxa" 
does not mean "punishment," as is sometimes 
supposed, but the meaning of the expression is, that 
the person was surrendered in respect of or as a 
compensation for his noxa. In the Institutes, 6 noxa 
is defined to be the person or thing that does the 
mischief, and noxia the mischief that is done. 

Noxales actiones were given both by leges and 
by the edict. In the case of furtum. they were giv- 
en by the Twelve Tables, and in the case of dam- 
ni injuria by the lex Aquilia. In the case of injuria? 
and of vi bonorum raptorum, they were given by 
the edict. This action was said "caput sequi," 
which is thus explained by instances : if a son or 
slave committed noxa, the action was against the 
father or owner, so long as the offender was in his 
power ; if the offender became sui juris, the injured 
party had a directa actio against him ; and if he 
came into the power of another person, that other 
person was liable to the action. If a paterfamilias 
committed a noxa, and was adopted (adrogated), the 
actio, which was originally against him (directa), 
became an action against the adopting person. A 
paterfamilias or master could have no action against 
a son or slave in respect of a noxa done to him, 
the ground of which was that no obligatio could 
be contracted between such parties ; and as the 
foundation of all obligatio was wanting in such case, 
it followed that there could be no action against 
such son or slave if he became sui juris, nor against 
another person intc whose power he might come 
If another person's slave or son committed noxa, 

1. (Cic, c. Rull., ii., 1, I. — Id., Pro Cluent., 40. — Appian, D« 
Bell. Civ., ii., 2— Plut., Cat. Maj., 1.)— 2. (Liv., xxii., 34, 35.— 
Id., xxxix., 41.— Sallust, Bell. Jug., 73.)— 3. (Veil. Pat., ii., 124 
— Walter, Gesch. dos Rom. Rechts, p. 125. ) — 4. (Adams, Aj> 
pend.. » v.)— 5. (Dig. 50 tit 16 r 1W )— 6. (iv., *it. &) 



NUNDINJE. 



NUNDINiE. 



and then canie into the power of the injured per- 
son, it was a question between the two schools 
whether the right of action was extinguished, or 
only suspended so as to revive in case the offending 
party was released from the power of the injured 
person. The opinion of the Proculiani, which was 
in favour of the suspension only, appears more con- 
sistent with the principles on which this right of 
action was founded. 

The moae of the " noxae deditio" was by manci- 
patio. The Proculiani contended that three man- 
cipationes w r ere required by the law of the Twelve 
Tables (vid. Emancipatio) ; but the Sabiniani con- 
tended that the law only applied to the case of vol- 
untary mancipations, and that one mancipatio was 
sufficient. 

If the father or owner made no defence to a nox- 
alis actio, the offender was given up by a decree of 
the praetor to the injured person, and thus became 
his praetorian property (in bonis). It several slaves 
committed theft, the edict required the master to 
pay only the amount of damage which would be 
payable in case a single freeman had committed 
the theft. 

Justinian abolished the noxae datio in the case of 
children, observing that it appeared from the an- 
cient jurists that there might be an action against 
a filiusfamilias in respect of his delicts. 1 

NUDIPEDA'LTA. ( Vid. Calceus, p. 189.) 

NUDUS (yv/tvog). These words, besides deno- 
ting absolute nakedness, which was to be uvafiire- 
xovoc not ax'-ruv* were applied to any one who, be- 
ing without an Amictus, wore only his tunic or in- 
dutus. 3 In this state of nudity the ancients per- 
formed the operations of ploughing, sowing, and 
~eaping.* Thus Cincinnaattus was found naked at 
the plough when he was called to be dictator, and 
sent for his toga that he might appear ibefore the 
senate.* The accompanying woodcut is taken 




from an antique gem in the Florentine collection, 
and shows a man ploughing in his tunic only. The 
light and thin clothing of Het^er^e was denoted 
by the use of the same epithets. 6 {Vid. Coa Ves- 
tis.) 

This term, applied to the warrior, expressed the 
absence of some part of his armour. 7 Hence the 
light-armed were called yvpvfjTec. (Vid. Arma, p. 
94.) 

NUMMULA'IIII or NUMULA'RII. (Vid. Men- 

BARII.) , 

NUMMUS or NUMUS. (Vid. Sestertius.) 
NUNCUPA'RE. (Vid. Testamentum.) 
NU'NDINJE is invariably and justly derived by 
all the ancient writers from novem and dies, so that 
it literally signifies the ninth day. 8 In ancient ca- 
lendaria, all the days of the year, beginning with the 
lirst of January, are divided into what we may call 

1. (Gaius, iv., 75-79.— Instit., iv., tit. 8.— Dig. 9, tit. 4.) — 2. 
(Compare Moschus, iv.,98.)— 3. (Aristoph., Eccles., 409. — John, 
xxi., 7.)— 4. (Hes., Op. et D.. 391. — Proclus, ad loc. — Virg., 
Georg., i., 299.— Servius, ad loc. — JElian, V. H., vi., 11. — Id., 
xiii., 27.— Matt., xxiv , 18.) —5. (Plin., H. N., xviii., 4. — Aur. 
Victor, De Vir. Illust., 17.— Li v., iii., 26.)— 6. (Atheu., xiii., 24, 
*5.)-7. {Horn., II., xxi., 50.— Jos., Ant. Jud., vi., 2, <) 2.— Gell., 
ix., 13. — Xen., De Rep. Lac., xi., 9.) —8. (Dionys. Hal., Ant. 
Rom., Tii., p. 463 — .Macrob., Sat., i., 16. — Festus, s. v. Nundi- 
a*Um Cocvn\ 



weeks, each containing eight days, vi inch are mark- 
ed by the letters A, B, C, D, E, F, G, H. Now it is 
admitted on all hands that this division is made to 
mark the nundinae, for every eighth day, according 
to our mode of speaking, was a nundinae. There 
were thus always seven ordinary days between 
two nundinae. The Romans, in their peculiar mode 
of reckoning, added these two nundinae to the sev- 
en ordinary days, and, consequently, said that the 
nundinae recurred every ninth day, and called them 
nundincB, as it were novemdina. A similar mode 
of stating the number of days in a week is still cus- 
tomary in Germany, where, in common life, the 
expression eight days is used for a week, and the 
French and Italians, in the same manner, call a fort- 
night quinze jours and quindici giorni. 

The number of nundinae in the ancient year ol 
ten months was 38 ; and care was always taken 
that they should not fall on the calends of January 
nor upon the nones of any month, 1 and, in order to 
effect this, the 355th day of the lunar year (dies in ■ 
tercalaris) was inserted in such a manner as to 
avoid the coincidence of the nundinae with the pri- 
mae calendae or the nones. Macrobius says that it 
was generally believed, that if the nundinae fell 
upon the primae calendae, the w r hole year would be 
signalized by misfortunes ; the nones w r ere avoided 
because the birthday of King Servius Tullius was 
celebrated on the nones of every month, as it w r as 
known that he was born on the nones of some 
month, though the month itself was not known. 
Now, as on the nundines, the country-folk (plebei- 
ans) assembled in the city, the patricians feared 
lest the plebeians assembled at Rome on the nones 
might become excited, and endanger the peace of 
the Republic. These reasons are, indeed, very un- 
satisfactory, as Gottling 2 has shown, and it is more 
probable that the calends of January were ill suit- 
ed to be nundinae, because this day was generally 
spent by every father in the bosom of his own fam- 
ily, and that the nones were avoided because, aa 
Ovid 3 says, Nonarum tutela deo caret. But at the 
time when the Julian calendar was introduced, 
these scruples, whatever they may have been, were 
neglected, and in several ancient calendaria the 
nundinae fall on the first of January as well as on 
the nones. ( Vid. Graev., Thcsaur., viii., p. 7, and 
the calendarium given in the article Calendar.) 
Both before and after the time of Caesar, it was 
sometimes thought necessary, for religious reasons, 
to transfer the nundinae from the day on which they 
should have fallen to another one. 4 The nundinae 
themselves were, according to Plutarch, 5 sacred to 
Saturn, and, according to Granius Licinianus, 6 the 
Flaminica offered at all nundinae a sacrifice of a 
ram to Jupitei. 

It is uncertain to whom the institution of the 
nundinae is to be ascribed, for some say that it was 
Romulus, 7 and others that it was Servius Tullius 8 
who instituted them, while the nature of the things 
for which they were originally set apart seems to 
show that their institution was as old as the Romu- 
lian year of ten months, or, at least, that tney were 
instituted at the time when the Roman population 
extended beyond the precincts of the city itself. 
For the nundinae were originally market-days for 
the country-folk, on which they came to Rome to 
sell the produce of their labour, and on which the 
king settled the legal disputes among them. When, 
therefore, we read that the nundinae were feriae oi 
dies nefasti, and that no comitia were allowed to be 

1. (Macrob., Sat., i., 13.— Dion Cass., xl., 47.— Id., xlviii., 33.) 
—2. (Gesch. der Rom. Staatsv , p. 183.) — 3. (Fast., i., 58.) —4 
(Dion Cass., Ix., 24.) — 5. (Q laest. Rom., p. 275, 11.) — 6. (ap 
Macrob., Sat., i., 16.) — 7. (I i ony*. Hal., ii., p. 98, ed. Sylb. - 
Tuditanus ap. Macrob., Sat 1. c.) — 8 (Cassius liemint ap, 
Macrob., 1. c.) 

6G7 



NYMPHS. 



OATH. 



held, we have to understand this of the populus, 
and not of the plebes ; and while for the populus 
the nundinae were feriae, they were real days of busi- 
ness {dies fasti or comitiales) for the plebeians, who 
on these occasions pleaded their causes with mem- 
bers of their own order, and held their public meet- 
ings (the ancient comitia of the plebeians) and de- 
bates on such matters as concerned their own or- 
der, or to discuss which they were invited by the 
senate. 1 How long this distinction existed that the 
nundinae were nefasti for the patricians and fasti 
for the plebeians, is not quite clear. In the law of 
the Twelve Tables they appear to have been re- 
garded as fasti for both orders, 2 though, according 
.to Granius Licinianusj 3 this change was introduced 
at a later time by the lex Hortensia, 286 B.C. This 
innovation, whenever it was introduced, facilitated 
the attendance of the plebeians at the comitia cen- 
turiata. In the ancient calendaria, therefore, the 
nundinae and dies fasti coincide. The subjects to 
be laid before the comitia, whether they were pro- 
posals for new laws or the appointment of officers, 
were announced to the people three nundinae be- 
forehand (trinundino die proponere*). 

The nundinae being thus at all times days of 
business for the plebeians (at first exclusively for 
them, and afterward for the patricians also), the 
proceedings of the tribunes of the people were con- 
fined to these days, and it was necessary that they 
should be terminated in one day ; 5 that is, if a prop- 
osition did not come to a decision in one day, it 
was lost, and if it was to be brought again before 
the people, the tribunes were obliged to announce 
it three nundines beforehand, as if it were quite a 
new subject. 

Instead of nundince, the form nundinum is some- 
times used, but only when it is preceded by a nu- 
meral, as in trinundinum or trinum nundinum. (See 
the passages above referred to.) It is also used in 
the expression internundinum or inter nundinum, 
that is, the time which elapses between two nun- 
dinae. 6 The word nundinae is sometimes used to 
designate a market-place, or a time for marketing in 
general. 7 

NU'NDINUM. (Vid. Nundinae.) 

NUNTIA'TIO. (Vid. Operis Novi Nuntiatio.) 

NU'PTLE. (Vid. Marriage, Roman.) 

*NYCT'ER1S (vviiTepic), the common Bat, or 
Vcspertilio murinus. " It is not improbable," re- 
marks Adams, "that the apirvLa of the ancient po- 
sts was the Vespertilio spectrum, or Vampyr." 8 

*NYCTIC'ORAX (wnTLnopaZ), a bird described 
by Aristotle and other ancient authors. " The 
Nycticorax of modern naturalists is a species of 
Heron, but the vvKriKopatj of Aristotle would rath- 
er appear to have been a species of Owl. It might 
be supposed the Stryx nyctea, or Great White Owl, 
if it were ascertained that it is found in the south 
of Europe." 9 

♦NYMPH^EA (wfi^aia), a plant. " The descrip- 
:ion of it," says Adams, " which is given by The- 
ophrastus, is not sufficiently precise to enable us 
to determine whether he meant to apply it to the 
Nymphcea alba or the lutea, i. e., the White or the 
Yellow Water Lily. The two species described 
by Dioscorides are referable to the two species of 
Nymphcea which we have mentioned. The Nym- 
phcea lutea is now held to be a distinct genus, and 

1. (Dionys. Hal., vii., p. 463. — Macrob., 1. c— Plin., H. N., 
xviii,, 3. — Fostus, s. v. Nundinas. — Compare Niebuhr, Hist, of 
Rome, ii.,p. 213, &c.) — 2. (Gellius, xx., 1,$49.)— 3. (ap. Ma- 
crob., 1. c.) — 4. (Macrob., 1. c. — Cic. ad Fam., xvi., 12. — Id., 
Philipp., v., 3. — Id., Pro Dom., 16. — Liv., iii., 35.)— 5. (Dionys. 
Hal., ix., p. 598.) — 6. (Varro and Lucil. ap. Nonium, iii., 145.) 
—7. (Cic, De Leg. Agr., ii., 33.— Id., Philipp., v., 4.)-8. (Aris- 
tot., H. A., i., 1 — iElian, N. A., vi., 45— Adams, Append., s. v.) 
—9. (Aristot., II. A., ii., 12.-- -Id. ib., viii., 5.— Id. ib., ix.,23.— 
Adams, Append., s. v.) 
668 



is called Nuphar lutea by Smith, Hooker, and otter 
late botanists. The term Nuphar is said to be an 
Egyptian word, signifying 'the medicine of the 
Nile.' It occurs among the synonymes of Dioscor- 
ides. By the Arabian authors it is called Nenufar, 
which is a corruption of Nuphar. Sibthorp found 
the Nuphar lutea growing in the lakes of Thessaly, 
as described by Dioscorides." 1 

NYMPHAGO'GUS (vv{i*ayu>yoc). (Vid. Mar. 
riage, Greek, p. 620.) 

0. 

OATH (GREEK). An oath (opuog) is an appea, 
to some superior being, calling on him to bear wit- 
ness that the swearer speaks the truth, or intend? 
to perform the promise which he makes. Hence 
the expressions ioto Zevc, &ebv paprvpojuai, and 
others of the same import, so frequently used in the 
taking of oaths. 8 It is obvious that such an appeal 
implies a belief, not only in the existence of the be- 
ing so called upon, but also in his power and incli- 
nation to punish the false swearer ; and the force 
of an oath is founded on this belief. Hence an 
oath is called -Oeuv op/toc. 3 Zevc opiaoe* is the god 
who has regard to oaths, and punishes their viola' 
tion. Zrjv' ix uv eiroJioTov 6 means (according to Sui- 
das) bpKov hyyvrjTTjV. 

We find early mention in the Greek writers of 
oaths being taken on solemn and important occa- 
sions, as treaties, alliances, vows, compacts, and 
agreements, both between nations and individuals. 
Thus, when the Greeks and Trojans agree to decide 
the fate of the war by a single combat between 
Menelaus and Paris, they ratify their agreement by 
an oath. 6 The alliance between Croesus and the 
Lacedaemonians is confirmed by an oath. 7 So is 
the treaty between the Medes and Lydians, whose 
rites in swearing (as Herodotus tells us 8 ) were the 
same as those of the Greeks, with this addition, 
that they made an incision in their arms and tasted 
each other's blood. We may farther notice the 
treaty of peace between the Athenians and Pelo- 
ponnesians, upon which every state was to swear 
kixix&piov opnov tov fj.e'yiarov, 9 the vow of the Ionian 
women, 10 that of the Phocaeans, 11 and the promise of 
Circe to Ulysses. 13 The reliance placed in an oath 
is specially shown in the dialogue between ^Egeus 
and Medea in Euripides, 15 and the speech of Mi 
nerva in Euripides. 1 * For other examples we refer 
the reader to Sophocles, (Ed. Tyr., 647 ; (Ed. Col., 
1637; Trachin., 1183.— Herod., vi., 74.— Horn., //., 
ix., 132. 

That the Greeks (as a nation) were deeply im- 
bued with religious feeling, and paid high regard to 
the sanctity of oaths, may be gathered from the 
whole tenor of their early history, and especially 
from the writings of the poets Homer, ^Eschylus, 
and Pindar. 15 They prided themselves on being su- 
perior in this respect to the barbarians. 16 The 
treacherous equivocation practised by the Persians 
at the siege of Barca 17 would Iftive been repugnant 
to the feelings of a people whose greatest hero de- 
clared that he hated like hell one 

"Oc x' 'irepov fiev kevOv kvl (j>peolv, uXko de (3d^. i% 

The poets frequently allude to the punishment of 
perjury after death, which they assign to the infer 



I 



1. (Theophrast., H. P., ix., 13. — Dioscor., iii., 138, 139.— 
Adams, Append., s. v.) — 2. (Soph., Trach., 399. — Id., Antig-., 
184.— St. Paul, G?.lat., i., 20.)— 3. (Horn., Hymn, ad Merc, 272, 
515. — Pind., 01., vii., 119.)— 4. (Soph., Philoct., 1324.)— 5 
(Soph., Trach., 1190.)— 6. (II., iii., 276.)— 7. (Herod., i., 69.)-. 
8. (i., 74.)— 9. (Thucyd., v., 47.)— 10. (Herod., i., 146.)— 11. 
(Id. ib., 165.)— 12. (Od., x., 345.)— 13. (Med., 736-760.)- -It 
(Suppl., 1196.)— 15. (Vid. Thirlwall, Hist, of Greece, vcl. i , <s 
6, I) 3.)— 16. (^Slian, V. H., *iv.. 2.)— 17. (Herod., iy., 201 ) i 
18. (II.. <x., 313.) 



OATH 



OATH. 



nal gods or Furies ; l and we find many proofs of a 
persuasion that perjurers would not prosper in this 
world. 3 One of the most striking is the story told by 
Leutychides to the Athenians of Glaucus the Spar- 
tan, who consulted the Pythian oracle whether he 
should restore a deposite, or deny on oath that he had 
ever received it ; and who, for merely deliberating 
upon such a question, was cut off with his whole 
family. 3 

Anciently the persor. who took an oath stood up, 
and lifted his hands to heaven, as he would in 
prayer ; for an oath was a species of prayer, and 
•equired the same sort of ceremony.* Oaths were 
frequently accompanied with sacrifice or libation. 6 
Both uacrifice and libation are used in the compact 
of the Greeks and Trojans in //., iii., 276. The 
victims on such occasions were not eaten, but, if 
sacrificed by the people of the country, were buried 
m the ground ; if by strangers, were thrown into 
the sea or a river. 6 

The parties used also to lay their hands upon the 
victims, or on the altar, or some other sacred thing, 
as if by so doing they brought before them the dei- 
ty by whom the oath was sworn, and made him 
witness of the ceremony. Hence the expressions 
rpog tov fiofiov et-opKt&iv, b/ivvvat ko.6' Leptiv. 7 In 
Homer, 8 Juno, making a solemn promise to Sleep, 
takes the Earth in one hand and Heaven in the oth- 
er, and swears by Styx and the subterranean gods. 
To touch the head, hand, or other part of the body 
of the person to whom the promise was made, was 
a common custom. The hand especially was re- 
garded as a pledge of fidelity, and the allusions to 
the junction of hands in making contracts and 
agreements abound in the ancient writers. 9 Other 
superstitious rites were often superadded, to give 
greater solemnity to the ceremony, 10 which appear 
to be ridiculed by Aristophanes. 11 

The different nations of Greece swore by their 
own peculiar gods and heroes ; as the Thebans by 
Hercules, Iolaus, &c, the Lacedaemonians by Cas- 
tor and Pollux, the Corinthians by Neptune ; ia the 
Athenians swore principally by Jupiter, Minerva, 
Apollo (their narpuog &eog), Ceres, and Bacchus. 

The office or character of the party, or the place, 
or the occasion often suggested the oath to be ta- 
ken. Thus Iphigenia, the priestess, swears by Diana 
in Euripides, Ipk. in Taurus Menelaus bids Antilo- 
chus swear by Neptune (the equestrian god), the sub- 
ject being on horses. 13 So Phihppides, in Aristopha- 
nes, 1 * is made ridiculously to swear vtj tov ILooeidti 
tov Ittttlov. Achilles swears by his sceptre, 16 Telem- 
achus by the sorrows of his father. 16 Hence the 
propriety of the famous oath in Demosthenes by the 
warriors who fought at Marathon, &c. Here we 
may observe, that as swearing became a common 
practice with men upon trivial occasions and in or- 
dinary conversation, they used to take oaths by any 
god, person, or thing, as their peculiar habits, or 
predilections, or the fancy of the moment dictated. 
Pythagoras* en this account, swore by the number 
Four. 17 Socra:#3 ised to swear vtj tov nvva, in 

1. (Horn., II., iv., 157.— Id. ib., xix., 260.— Pind., Olymp., ii., 
118.— Aristoph., Ran., 274.)— 2. (Horn., II., iv., 67,270.— Id. ib., 
ui., 351.— Hesiod, Op. et D., 280.— Thucyd., vii., 18.)— 3. (He- 
Tvd vi..86.— Pausan.,ii., 18, 149. — Id., viii., 7, 612.— Juv., Sat., 
xiii., 20^—4. (Horn., II., xix., 175, 254— Pind., 01., vii., 119.) 
—5. (Horn., II., iv., 158. — Aristoph., Acharn., 148. — Id., Vesp., 
1048.)— 6. (U., iii., 310.— Ib., xix., 267.)— 7. (Vid. Reiske, Index 
ad Demosth., s. v. 'O/xvuvaf. — Harpocrat., s. v. Aidog. — Thucyd., 
v., 47.— GSller, ad loc.— Juv., Sat., xiv., 219 —Ovid, Epist. Dido 
ad JEn., 129.)— 8. (II., xiv., L70.)— 9. (Eunp., Medea, 496 — 
Soph., Philoct., 812.— Id., Trach., 1183— Ovid, Ep. Phyllis ad 
Demoph., 21.— Id. ib., Briseis ad Ach., 107.— Horn., Hymn, ad 
Vcn., 26.)— 10. (^Esch., Sept. c. Theb., 42.— Soph., Antig-., 264. 
Demosth., c. Con., 1269.)— 11. (Lysist., 188.)— 12. (Aristoph., 
Acharn., 774, 860, 867.— Equites, 609.— Lysist., 81, 148.)— 13. 
(n., xxiii., 585.)—14. (Nub., 83.)— 15. (II., i., 234.)— 16. (Od., 
xi., 339.)— 17. (Lucian, Pythag., 4.— Plut., De Plac. Phil., i., 3, 
1016 1 5 ' 



which he was absurdly imitated by others. 1 Aris- 
tophanes, so keenly alive to al the foibles of hia 
countrymen, takes notice of this custom, and turns 
it into ridicule. Hence he makes the sausage-deai- 
er swear vr) tov 'Epfifjv tov uyopalovf Socrates na 
T7jv 'kvairvoTjv y &e. ' 

Women also had their favourite oaths. As the 
men preferred swearing by Hercules, Apollo, &e., so 
the other sex used to swear by Venus, Ceres, anu 
Proserpine, Juno, Hecate, Diana ; and Athenian 
women by Aglauros, Pandrosus, &c* 

The security which an oath was supposed to con- 
fer, induced the Greeks, as it has people of modern 
times, to impose it as an obligation upon persons in- 
vested with authority, or intrusted with the dis- 
charge of responsible duties. 6 The Athenians, with 
whom the science of legislation was carried to the 
greatest perfection, were, of all the Greek states, 
the most punctilious in this respect. The youth, 
entering upon his 20th year, was not permitted to 
assume the privileges of a citizen, or to be regis- 
tered in the Xrjt-iapxt-Kov ypafifiaTelov, without taking 
a solemn oath in the Temple of Aglauros to obey 
the laws and defend his country. (The form of his 
oath is preserved in Pollux. 6 ) The archon, the 
judge, and the arbitrator were required to bind 
themselves by an oath to perform their respective 
duties. 7 ( Vid. Dicastes.) As to the oath taken by 
the Senate of Five Hundred, see Demosthenes. 8 
As to the oath of -the witness, and the voluntary 
oath of parties to an action, see Martyria. The 
importance, at least apparently, attached to oaths in 
courts of justice, is proved by various passages in 
the orators. 9 Demosthenes constantly reminds his 
judges that they are on their oaths, and Lycurgus 1 * 
declares that to avvexov ttjv dijfionpaTtav bpnoq icrriv. 

The experience of all nations has proved the 
dangerous tendency of making oaths too common. 
The history of Athens and of Greece in general 
furnishes no exception to the observation. While 
in the popular belief and in common parlance oaths 
continued to be highly esteemed, they had ceased 
to be of much real weight or value. It is impossi- 
ble to read the plays of Aristophanes, the orators, 
and other writers of that period, without seeing 
that perjury had become a practice of ordinary oc- 
currence. The poet who wrote that verse which 
incurred the censure of the comedian, rj y7Maa' 
b/i6fiox\ v de <ppr]v dvu/ioTog, 11 was not the only per- 
son who would thus refine. The bold profligacy de- 
scribed by Aristophanes 13 was too often realized in 
action. To trace the degeneracy of the Greek 
character belongs not to this place. We conclude 
by reminding our readers that in a later age the 
Greeks became a by-word among the Romans for 
lying and bad faith. 13 

A few expressions deserve notice. N77 is used 
by Attic writers in affirmative oaths, fid in nega- 
tive. The old form of affirmation, still preserved 
by the other Greeks, and used by Xenophon, was 
vai fid. 1 * N?? is nothing more than another form of 
vol, used with an accusative case, fid being omit- 
ted, as it often is in negative oaths. 15 N77, however, 
is never used by the tragedians, who always em- 
ploy a paraphrase in affirmative oaths, such as 
$ebv fiaprvpeaBat. '~ETrofivvvai is used affirmative- 



1. (Athen., ix., p. 370.)- 2. (Equit., 297.)— 3. (Nub., 627.— 
See farther. Vesp., 83.— Aves, 54, 1611.— Ran., 336, 1169.)— 4. 
(Lucian, Dial. Meretr., 7. — Xen., Mem., i., 5, t) 5.— Aristoph., 
Lysist., 81, 148, 208, 439.— Id., Eccles.. 70.— Id.,Thesm., 288, 383. 
533.— Theocr., Idyll., xv., 14.)— 5. (Plato, De Leg., xii., p. 948.) 
— 6. (viii., 105.)— 7. (Vid. Pollux, 1. c. — Hudtwalcker, iiber die 
Diftt., p. 10.)— 8. (c. Timocr., 745.)-9. (Andoc, De Myst.,5.— 
Lycurg., c. Leocr., 157, ed. Steph. — Antiph., De m. Herod., 139, 
140, ed. Steph.— Demosth., c. Aphob., 860.)— 10. (1. c.)— 11. 
(Eurip., Hippol., 612.— Aristoph., Thesm., 275.)— 12. (Nub., 
1232-1241.— Equit., 298.)— 13. (Cic, Pro Flacco, 4— Juv., Sat., 
iii., 60, «fec.) — 14. (Xen., Mem., ii., 7, $ 14. — Id., Apol. Socr., 
20.)— 15. (Soph., (Ed. Tyr., 660, 1088.-Id.,Elcctr., 758, 1063.) 

sr,9 



OATH 



va m. 



ly, anofivvvat negatively, according to Eustathraa. 1 
Aioftwodai is to swear strongly, to protest. 2 "Op- 
Kiev, though often used synonomously with 6p- 
koc, signifies, more strictly, a compact ratified by 
oath. ; bpKia repveiv is to make a compact with 
oaths and sacrifice ; and through the frequent prac- 
tice of sacrificing on such occasions, it came that 
bpiuov was sometimes used for the victim itself. 3 
In the phrase bfivvvai icaO' Leptiv, the original mean- 
ing of Kara was, that the party laid his hand upon 
the victims ; but the same phrase is used meta- 
phorically in other cases, where there could be no 
such ceremony. Thus Kara xihiuv evxvv rcoirjoao- 
dai xipapuv* is to make a vow to offer a thousand 
kids ; as though the party vowing laid his hands upon 
the kids at the time, as a kind of stake. The same 
observation applies to bp.vvvai /car' kt-uXeiac. 

OATH (ROMAN) (jusjurandum, juramentum). 
The subject of Roman oaths may be treated of un- 
der four different heads, viz. : 1. Oaths taken by 
magistrates and other persons who entered the ser- 
vice of the Republic. 2. Oaths taken in transac- 
tions with foreign nations in the name of the Re- 
public. 3. Oaths taken before the praetor or in the 
courts of justice. 4. Oaths, or various modes of 
swearing in common life. 

I. Oaths taken by magistrates and other persons 
who entered the service of the Republic. — After the 
establishment of the Republic, the consuls, and sub- 
sequently all the other magistrates, were obliged, 
within five days after their appointment, to prom- 
ise, on oath, that they would protect and observe 
the laws of the Republic (in leges jurare 5 ). Vestal 
virgins and the flamen dialis were not allowed to 
swear on any occasion, 6 but whether they also en- 
tered upon their sacred offices without taking an 
oath analogous to that of magistrates is unknown. 
When a flamen dialis was elected to a magistracy, 
he might either petition for an especial dispensa- 
tion (ut legibus solveretur), or he might depute some 
one to take the oath for him. But this could not 
be done unless the permission was granted by the 
people. The first Roman consuls seem only to 
have sworn that they would not restore the kingly 
government, nor allow any one else to do so, 7 and 
this may have been the case till, all fears of such a 
restoration having vanished, the oath was changed 
into a jusjurandum in leges. The consular oath 
was occasionally taken under the Empire. 8 

During the later period of the Republic we also 
find that magistrates, when the time of their office 
had expired, addressed the people, and swore, that 
during their office they had undertaken nothing 
against the Republic, but had done their utmost to 
promote its welfare. 9 In some cases a tribune of 
the people might compel the whole senate to prom- 
ise, on oath, that they wetuld observe a plebiscitum, 
and allow it to be carried into effect, as was the 
case with the lex Agraria of Saturninus. The cen- 
sor Q. Metellus, who refused to swear, was sent 
into exile. 10 During the time of the Empire, all 
magistrates, on entering their office, were obliged to 
pledge themselves by ar« oath that they would ob- 
serve the acta Cassarum (jurare in acta Ccesarum 11 ), 
and the senators had to do the same regularly every 
year on the first of January. 12 

1. (Horn., Od., ii., 377.)— 2. (Soph., Trach.,378.)— 3. (Horn., 
11., iii., 245.)— 4. (Arist., Equit., 660.)— 5. (Liv., xxxi., 50.— Com- 
pare Dionys. Hal., v., p. 277.) — 6. (Liv., 1. c. — Festus, s. v. Ju- 
rare.— Plut., Quaest. Rom., p. 275.)— 7. (Liv., ii., 1. — Dionys., 1. 
c.)— 8. (Plin., Paneg-., 64.)— 9. (Cic. ad Fam., v., 2, <> 7.— Id., 
Pro Sulla, 11. — Id., in Pison., 3. — Id., Pro Dom., 35.— Dion Cass., 
nxxvii., p. 52. — Id., xxxviii., p. 72. — Id., liii., p. 568, ed. Steph. — 
I.iv.,xxix., 37 )— 10. (Appian, De Bell. Civ., i., 29.— Cic, Pro 
Sext., 47.— Plut., Mar., 29.)— 11. (Suet., Tib., 67.— Tacit., Ann., 
I., 72.— Id. ib., xiii., 26. — Id. ib., xvi., 22. — Dion Cass., xlvii., 
p 384, &c) — 12. (Dion Cass., lxviii., p. 724. — Compare Lipsi- 
eg. Excurs. A. ad Tacit., Ann., xvi., 22.) 
f»70 



All Roman soldiers, after they were enluted for 
a campaign, had to take the military oath (sacra- 
mentum), which was administered in the following 
manner : Each tribunus militum assembled his le- 
gion, and picked out one of the men, to whom he 
put the oath, that he would obey the commands of 
his generals, and execute them punctually. The 
other men then came forward, one after another, 
and repeated the same oath, saying that they would 
do like the first (idem in me 1 ). Livy 2 says that, until 
the year 216 B.C., the military oath was a real sac- 
ramentum (vid: Sacramentum), i. e., the soldiers 
took it voluntarily, and promised (with imprecations) 
that they would not desert from the army, and not 
leave their ranks except to fight against the enemy 
or to save a Roman citizen. But in the year 216 
B.C. the soldiers were compelled by the tribunes 
to take the oath, which the tribunes put to them, 
that they would meet at the command of the con- 
suls, and not leave the standards without their or 
ders, so that in this case the military oath became 
a jusjurandum. But Livy here forgets that, long 
before that time, he has represented 3 the soldiers ta- 
king the same jusjurandum. A perfect formula of 
a military oath is preserved in Gellius.* It may 
be here remarked that any oath might be taken in 
two ways : the person who took it either framed it 
himself, or it was put to him in a set form, and in 
this case he was said in verba jurare, or jurare .verbis 
conceptis. Polybius 5 speaks of a second oath which 
was put to all who served in the army, whether 
freemen or slaves, as soon as the castrametatio had 
taken place, and by which all promised that they 
would steal nothing from the camp, and that they 
would take to the tribunes whatever they might 
happen to find. ' The military oath was, according 
to Dionysius, 6 the most sacred of all, and the law 
allowed a general to put to death, without a formal 
trial, any soldier who ventured to act contrary to his 
oath. It was taken upon the signa, which weie 
themselves considered sacred. In the time of the 
Empire a clause was added to the military oath, 
in which the soldiers declared that they would con- 
sider the safety of the emperor more important than 
anything else, and that they loved neither them- 
selves nor their children more than their sover- 
eign. 7 On the military oath in general, compare 
Brissonius, De Formal., iv., c. 1-5. 

II. Oaths taken in transactions with foreign na- 
tions in the name of the Republic. — The most ancient 
form of an oath of this kind is recorded by Livy," 
in a treaty between the Romans and Albans. The 
pater patratus pronounced the oath in the name of 
his country, and struck the victim with a flint- 
stone, calling on Jupiter to destroy the Roman na- 
tion in like manner, as he (the pater patratus) de- 
stroyed the animal, if the people should violate the 
oath. The chiefs or priests of the other nation then 
swore in a similar manner by their own gods. The 
ceremony was sometimes different, inasmuch as 
the fetialis cast away the stone from his hands, 
saying, " Si s ci ens f alio, turn me Diespiter saha urbe 
arceque bonis ejiciat, uti ego hunc lapidem.. 9 Owing 
to the prominent part which the stone (lapis silcx) 
played in this act, Jupiter himself was called Jupi 
ter Lapis, 10 and hence it was, in after times, not un 
common among the Romans, in ordinary conversa- 
tion, to swear by Jupiter Lapis. 11 In swearing to a 
treaty with a foreign nation, a victim (a pig or a 
lamb) was in the early times always sacrificed by 



1. (Polyb., vi., 21. — Fest., s. v. Pruyurationes.)— 2. (xxii., 38.) 
— 3. (iii., 20.)— 4. (xvi., 4. — Compare Dionys. Ha) , vi., p, 359. 
—Id., viii., p. 555, ed. Sylb.)— 5. (vi., 33.)— 6. (xi.. p. 723.)— 7 
(Arrian, Epict., iii., 14. — Suet., Calig , 15. — Amman. Murceli., 
xxi., 5.)— 8. (i., 24.)— 9. (Fest., s. v Lapidesr..)--10. (7v.i/'o., 
iii., 25.)— 11. (Gellius, i., 21.— Cic ud F*ri. f vii., 1, 12.- tflut. 
Sulla, 10.) 



OATH. 



OATH. 



the fetialis (whence the expressions fcedus xcere, 
opKta rifiveiv), and the priest, while pronouncing 
the oath, prohabiy touched the victim or the altar. 1 
(Compare Fetiales.) This mode of swearing to a 
treaty through the sacred person of a fetialis was 
observed for a long time ; and after the second 
Punic war, the fetiales even travelled to Africa to 
perform the ancient ceremonies. 3 The jus fetiale, 
however, fell into disuse as the Romans extended 
their conquests ; and as, in most cases of treaties 
with foreign nations, the Romans were not the 
party Jhat chose to promise anything on oath, we 
hear of no more oaths on their part ; but the foreign 
nation or conquered party was sometimes obliged 
to promise with a solemn oath (sacramentum) to ob- 
serve the conditions prescribed by the Romans, and 
documents recording such promises were kept in 
the Capitol. 3 But in cases where the Romans had 
reason to mistrust, they demanded hostages, as be- 
ing a better security than an oath, and this was the 
practice which in later times they adopted most 
generally. At first the Romans were very scrupu- 
lous in observing their oaths in contracts or trea- 
ties with foreigners, and even with enemies ; but 
attempts were soon made by individuals sophisti- 
cally to interpret an oath and explain away its bind- 
ing character ;* and from the third Punic war to 
the end of the Republic, perjury was common 
among the Romans in their dealings with foreign- 
ers as well as among themselves. 

III. Oaths taken before the prcetor or in courts of 
justice. — In general, it may be observed, that if 
anything had been promised by a person on oath, 
the promise had, in a court of justice, no more bind- 
ing power than it would have had without the oath, 
and the oath was in such case merely a stronger 
promise as far as the conscience of the person who 
took it was concerned. 5 But if a slave, for the 
sake of obtaining his liberty, had promised on oath 
to perform certain services to his master, the oath 
was considered binding. 6 The emperors also, in 
some cases, considered the promise of a free citi- 
zen, when it was confirmed by an oath, as binding. 7 

Sometimes, when a case was brought before the 
praetor, the plaintiff might put the defendant to his 
oath (deferre jusjurandum) either in regard to the 
whole case in question, or to a part of it. If the 
oath was taken, the whole question, or that part of 
it to which the oath applied, was settled at once, and 
the litis contestatio, or a formal judicium, was su- 
perfluous. But if the defendant refused to take the 
oath, he might, in return, put the plaintiff to his oath 
(referre jusjurandum), to make him declare se non 
calumnies, causa agere. (Vid. Calumnia.) But if 
the defendant neither swore himself, nor put the 
plaintiff to his oath of calumny, he admitted the 
necessity of a judicium. If the oath merely refer- 
red to a part of it, so that the defendant only ac- 
knowledged part of what the plaintiff alleged, a ju- 
dicium was still necessary, but its formula was of 
course modified. 8 Respecting the oath of calumnia, 
to which the defendant might in all cases put the 
plaintiff, and to which the latter also might be put 
by the praetor, see Calumnia. The formula of an 
oath before the praetor depended upon the person 
*ho put it. 9 

A judex or judices appointed by the praetor were 
obliged to promise on oath to discharge their duties 
according to the laws. 10 Rein 11 denies that, after a 
judex was given by the praetor, either of the liti- 



1. (Virg., Mu., xii., 201, &c— Liv., xxi., 45.)— 2. (Liv., xxx., 
43.)— 3. (Liv., xxvi., 24.)— 4. (Gellius, vii., 18.— Liv., Hi., 20 — 
—Id., xxii., 61.— Cic, De Off., iii., 27, &c)— 5. (Big. 2, tit. 14, 
i T. « 16.)— 6. (Dig. 38, tit. 1, 8. 7.— Compare 40, tit. 12, s. 44.) 
-7. (Cod. 2, tit. 37, s. 1.)— 8. (Dig. 12, tit. 2, s. 34, t) 6, &c— 
Quintil., v., 6.)— 9. (Dig. 12, tit. 2, s. 3, t> 4, and s. 5.)— 10. (Cic, 
lis Invent., i., 39 )— 11. (Rdm. Privatr, p. 477, &c.) 



gant parties had the right to put th< othei to an 
oath ; but from the Digest 1 it is clear that it might 
be done by the party cui onus probaticnis incumbe- 
bat, provided he himself had before taken the jus- 
jurandum calumniae. When documents in the trial 
of a cause were laid before the judex, of which he 
doubted the genuineness or correctness, he might 
make the party who brought them forward estab- 
lish their correctness or genuineness by an oath. 3 

The witnesses who gave their evidence in si vii 
proceedings before a judex, sometimes confirmed 
their testimony by an oath, which they either took 
voluntarily, or which was put to them by the judex. 
In judicia publica, the witnesses had always to give 
their evidence on oath. 3 We have no means of as- 
certaining whether, in all instances of civil causes, 
witnesses might be compelled to take an oath, but 
it seems probable that in a civil cause a witness 
generally did not give his evidence on oath, unless 
he himself chose to do so, or the judex, for special 
reasons, thought it advisable that he should. 

False swearing (pejerarc, perjurium) was not re- 
garded by the Romans as it is by us. Swearing 
was merely a matter of conscience, and, conse- 
quently, the person who was guilty of false swear- 
ing was responsible to the Deity alone. Perjury 
does not appear to have been punished more se- 
verely than false witness in general given without 
an. oath. When, therefore, Valerius Maximus* 
speass of infamia perjurii, ne uses infamia in a pop- 
ular, and not a strictly legal sense. The mannei 
in which the Romans regarded perjury is implied in 
an expression of Cicero, 5 who says, " Perjurit 
pcena divina, exitiura; humana, dedecus.' 1 ' 1 Hence 
every oath was accompanied by an execration, 6 
and perjury, therefore, was an act which belonged 
more to the jurisdiction of the censors than to an 
ordinary court of justice. 7 Witnesses convicted of 
having given false testimony, with or without oath, 
were punished. 8 (Compare Falsum.) 

IV. Oaths or various modes of swearing in com- 
mon life. — The practice of swearing, or calling upon 
some god or gods as witnesses to the truth of as- 
sertions made in common life or in ordinary con- 
versations, was as common among the Romans as 
among the Greeks. The various forms used in 
swearing may be divided into three classes : 

1. Simple invocations of one or more gods, as 
Hcrcle or Mehercle, that is, ila me Hercules juvet, 
amet, or servet ; 9 Pol, Perpol, or JEdepol, that is, per 
Pollucem; per Jovem Lapidem, or simply per Jovem; 
per superos ; per deos immor tales ; medius fidius, 
that is, ita me JDius (Aloe) jilius juvet ; 10 ila me deus 
amet, or dii ament. Sometimes, also, two or a 
great number of gods were invoked by their names. 11 
The genii of men were regarded as divine beings, 
and persons used to swear by their own genius or 
by that of a friend, and during the Empire by that 
of an emperor. 13 Women as well as men swore by 
most of the gods, but some of them were peculiar 
to one of the sexes. Thus women never swore by 
Hercules, and men never by Castor. Varro, more- 
over, said that in ancient times women only swore 
by Castor and Pollux, while in the extant writers 
we find men frequently swearing by Pollux. 13 Juno 
and Venus were mostly invoked by women, but 
also by lovers and effeminate men in general. 1 * 



1. (22, tit. 3, s. 25, $ 3.)— 2. (Dig. 12, tit. 2, s. 31.— Cod. 4, tit. 
1, s. 2.)-3. (Cic, Pro Rose Com., 15.— Id., Pro Sulla, 7.— Id., 
Pro Font., 9.— Id., Pro Balb., 5.— Quintil., v., 7.— Val. Max., 
viii., 5, t> 5.)— 4. (viii., 5, 5.)— 5. (De Lei?., ii., 9.)— 6. (Plut., 
Quaest. Gnee, p. 275, Franc.)— 7. (Cic, De Off., i., 13.— Liv., 
xxiv., 18.— Gellius, vii., 18.) -8. (Dig. 22, tit. 5, s. 16.)— 9. 
(Fest., s. v. Mecastor.) — 10. (Fest., s. v. — Varro, De Ling. Lat., 
iv., p. 20, Bip.) — 11. (Plaut., Bacchid., iv., 8, 51.— Terent., 
Andr., iii., 2, 25.)— 12 (Horat., Epist., i., 7, 94.— Suet., Calig., 
27.) — 13. (Gelliua, x: . 6.)— 14. (Plaut., Amphit., ii., 2, 210.- 
Tibull., iv., 13, 15.- : iv., ii„ 98.— Ovid, Amor., '.i., 7. 27- id 
ib., ii., 8, 18.) 

K71 



OBELISCUS. 



OBLIGATIONES. 



2 Invocations of the gods, together with an ex- 
ecration, in case the swearer was stating a false- 
hood. Execrations of this kind are, Dii me per- 
dant ; l dii me interficiant ; a dispeream; 3 ne vivam;* 
ne salvus sim, 5 &c. 

3. Persons also used to swear by the individuals 
or things most dear to them. Thus we have in- 
stances of a person swearing by his own or another 
man's head, 6 by his eyes, 7 by his own welfare or 
that of his children, 8 by the welfare of an emper- 
or, 9 &c. 

Respecting the various forms of oaths and swear- 
ing, see Brissonius, De Formul, viii., c. 1-18. 

OBJS. (Vid. Tribus, Greek.) 

OBELISCUS (beel'tococ) is a diminutive of Obe- 
lus (bSeXos), which properly signifies a sharpened 
thing, a skewer or spit, and is the name given to 
certain works of Egyptian art. (Herodotus 10 uses 
66eX6c in the sense of an obelisk.) A detailed de- 
scription of such works would be inconsistent with 
the plan of this work, but some notice of them is 
required by the fact that several of them were 
transported to Rome under the emperors. Ammi- 
anus Marcellinus 11 says that " an obelisk is a very 
ough stone, in the shape of a kind of landmark or 
boundary-stone, rising with a small inclination on 
all sides to a great height ; and in order that it may 
imitate a solar ray by a gradual diminution of its 
bulk, it terminates in a prolongation of four faces 
united in a sharp point. It is very carefully smooth- 
ed." Most ancient writers consider obelisks as 
emblematic of the sun's rays. 12 

An obelisk is, properly, a single block of stone, 
cut into a quadrilateral form, the sides of which 
diminish gradually, but almost imperceptibly, from 
the base to the top of the shaft, but do not terminate 
in an apex upon the top, which is crowned by a 
small pyramid, consisting of four sides terminating 
in a point. The Egyptian obelisks were mostly 
made of the red granite of Syene, from which place 
they were carried to the different parts of Egypt. 
They were generally placed in pairs at the entrance 
to a temple, a-nd occasionally in the interior, and were 
usually covered with hieroglyphical inscriptions. 

Obelisks were first transported to Rome under 
Augustus, who caused one to be erected in the cir- 
cus, and another in the Campus Martius. 13 The 
former was restored in 1589, and is called at pres- 
ent the Flaminian obelisk. Its whole height is about 
116 feet, and without the base about 78 feet. The 
obelisk in the Campus Martius was set up by Au- 
gustus as a sundial. It stands at present on the 
Monte Citorio, where it was placed in 1792. Its 
whole height is about 110 feet, and without the base 
about 71 feet Another obelisk was brought to 
Rome by Ca'i^ Ja, and placed on the Vatican in the 
Circus of Ca'i/jla. 14 It stands at present in front 
of St. Peters, where it was placed in 1586, and its 
whole height is about 132 feet, and without the 
base and modem ornaments at the top about 83 
feet. But the largest obelisk at Rome is that which 
was originally transported from Heliopolis to Alex- 
andrea by Constantino, and conveyed to Rome by 
his son Constantius, who placed it in the Circus 
Maximus. 15 Its present position is before the north 
portico of the Lateran Church, where it was placed 
in 1588. Its whole height is about 149 feet, and 
without the base about 105 feet. 

1. (Plaut., Mil. Glor., iii., 2, 20.— Id., Cistell., ii., 1,21.)— 
2. (Plaut., Mostell., i., 3, 35.)— 3. (Horat., Sat., i., 9, 47.)— 4. 
(Cic. ad Fam., vii., 23.— Mart., x., 12, 3.)— 5. (Cic. ad Att., xvi., 
13.)— 6. (Dig. 12, tit. 2, s. 3, $ 4— Ovid, Trist., v., 4, 45.— Id., 
Heroid., iii., 107.— Juv., vi., 10.)— 7. (Plaut., Menaschm., v., 9, 
1.— Ovid, Amor., ii., 16, 44.)— 8. (Dig. 12, tit. 2, s. 5.— Plin., 
Epist., ii., 20.)— 9. (Cod. 2, tit. 4, s. 41.)— 10. (ii., 111.)— 11. 
(ivii., 4.)— 12. (Compare Plin., H. N., xxxvi., 14.)— 13. (Plin., 
H. N., xxxvi., 14.)-14. (Plin., H. N., xxxvi., 15; xvi., 76, f) 2.) 
~I5 (Amm. Marc, xvii., 4.) 
672 



There are eight other obelisks at Rome besides 
those mentioned above, but none of them are ot 
historical importance. There are also obelisks in 
various other places, as at Constantinople, Aries, 
Florence, Catana in Sicily, &c, some of which are 
works of Egyptian art, and others only imitations. 

There are two small obelisks in the British Mu- 
seum, which were brought by the French from 
Cairo. 1 

OB'ELOS. (Vid. Veru.) 

OBLIGATIO'NES. Obligatio is defined 2 to be 
" a bond of law by which we are under a necessity 
of paying (solvendce) anything according to the lawa 
of our state." This definition has only reference to 
one part of an obligation, namely, the right of action, 
which is inseparable from the notion of a Roman 
obligation. According to Paulus, 3 the substance of 
an obligation consists in another person binding 
himself to give to us something, or to do something, 
or to secure or make good something (ad dandum 
aliquid, vel faciendum, vcl prastandum). This " bind- 
ing" must, however, be understood of a "legal 
binding," that is, the party who fails to perform 
what he has engaged to do, must be liable to legal 
compulsion ; in other words, the duty which he 
owes may be enforced by suit or action. Any 
agreement which is binding according to positive 
morality, but which, for any reason, cannot be le- 
gally enforced, is not properly an obligatio, but still 
the Romans gave such agreement the name of obli- 
gatio, and added the term naturalis, by which it is 
opposed to civilis and praetoria or honoraria. The 
obligationes civiles were those which were created 
by enactments (legibus), or generally were estab- 
lished by the jus civile ; praetorise or honorarise were 
those which owed their origin to the jurisdiction of 
the praetor. Viewed with reference to the events 
on which the law operated to give obligationes a 
binding force, obligationes arose either from con- 
tract or quasi contract, and delict (malejicium, delict- 
um), or quasi delict.* According to Gaius, every 
obligatio arises either from contract or delict. 

Contract (contractus) was made in four ways — 
re, verbis, litteris, and consensu. 

As an example of a contract re, Gaius mentions 
mutuum. (Vid. Mutuum.) Also, if a man received 
what was not due from a person who paid by rnis 
take, the payer had his remedy for the recovery just 
as if it were a case of mutuum. But " this kind of 
obligation," observes Gaius, " does not appear to 
arise from contract, because he who gives with the 
intention of payment rather intends to dissolve or 
put an end to (distrahere) a transaction (negotium) 
than to commence or to constitute (contrahere) a 
transaction." In such a case the English law has 
a fiction of a promise to pay on the part of the per 
son who has received the money. 

To the contracts made re, there also belong Com 
modattjm, Depositum, and Pignus. 

The obligatio verbis was contracted by oral ques 
tion and answer between the parties. The form 
of words was : Dari Spondes 1 Spondeo ; Dabis ? 
Dabo ; Promittis'? Promitto ; Fidepromittis 1 Fide- 
promitto ; Fidejubes % Fidejubeo ; Facies 1 Faciam. 
The words dari spondes 1 spondeo, were so pecu- 
liarly Roman, that their legal effect could not be 
preserved if their meaning was transferred into an- 
other language ; nor could a valid obligatio with a 
peregrinus be made by the use of the word spondeo. 4 
The evidence of such an obligatio must have been 
the presence of witnesses. 6 

It is to this form of contract by question and an 

1. (Zoeg-a, De TJ S u et Origine Obeliscorum. — Egyptiau An 
tiquities, vol. i., c. 14, 15, London, 12mo, 1832.)— 2. (Inst., iii, 
tit. 13.)— 3. (Dig. 44, tit. 7, s. 3.)— 4. (Inst., iii., tit. 13.)— 5 
(Gaiu§, iii., 93, 179.)— 6. (Cic, Pro Rose. Com., 5.) 






OBLIGATIONES. 



OBLIGATIONES. 



sw«r (ex inf.errogatione et responsionc) that the terms 
" stipulari" and "stipulatio" refer. The word 
"stipulari" properly refers to him who asks the 
question, " Si quis ita dari stipuletur ; Post mortem 
meam dari spondes ; velita, Cummorieris, spondes?" 
The person who asked the question was stipulator ; 
he who answered the question was promissor, and 
he was said spondere. 1 Sometimes the whole form 
of words which comprises the question and the an- 
swer is comprehended in the term stipulation and 
the participle " stipulata" is sometimes used in a 
passive sense. 3 

A stipulatio which contained an impossible con- 
lition was invalid (inutilis). As the stipulatio was 
<;ffected by words, it was a necessaiy consequence 
fhat the parties should have powet to speak and 
hear, and on this ground was founded the rule of 
law that a mutus and a surdus could not be parties 
to a stipulatio. As to the ability of pupilli and in- 
fantes with respect to obligationes, see Impubes and 
Infans. The stipulator might have another party 
to the contract on his behalf, who was called ad- 
stipulator. The adstipulator had the same right of 
action as the stipulator, and, theiefore, a payment 
in respect of the stipulatio could be made to him as 
well as to the stipulator ; and the stipulator had an 
actio mandati against the adstipulator for the recov- 
ery of anything that he had received. 

There were some peculiarities in the adstipulatio. 
The right of action did not pass to the heres of the 
adstipulator, and the adstipulation of a slave for his 
master had no effect, though in all cases he could 
acquire for his master by stipulation. The same 
rule of law appeared to apply to him who was in 
mmcipio, for he was servi loco. If a son who was 
ir. the power of his father became his adstipulator, 
he did not acquire anything for his father, though he 
acquired for him by stipulatio. Still his adstipula- 
tio gave the son a right of action, provided he was 
released from the father's power without a capitis 
diminutio, as, for instance, by the father's death, or 
by being inaugurated flamen dialis. The same rule 
of law applied to a filiafamilias and to a wife in 
manu. 

Those who were bound for the promissor were 
called sponsores, fidepromissores, fldejussores. ( Vid. 
Intercessio.) 

The case of an obligatio Uteris is illustrated by 
Gaius* by the instance of nomina transcripticia, as 
when a creditor who has a debt due from a person 
in respect of a sale, or a letting, or a partnership, 
enters it in his book (codices, or tabula, expensi et ac- 
ccpli) as a debt (expensum illi fert : b expensum tulisse 
non dicit, cum tabulas non recitat). This was called 
" Nomen transcripticium a re in personam." It was 
called transcriptio a persona in personam when a 
creditor entered in his books a debt as due from a 
third party, which was really due from another 
party, but which that other party had transferred 
(dclegavit) to the creditor. 

Cicero clearly alludes to this literarum obligatio 
in his Oration pro Roscio Comoedo. He s?ys,* 
speaking of the plaintiff's demand, " his claim is for 
a certain sum of money (pecunia certa), and this 
must be either ' data' (a case of obligatio re), or 
1 expensa lata' (the liteiarum obligatio), or stipulata 
(an obligatio verbis)." 

Some difficulty arises about the mode of convert- 
ing an obligation of a different kind into an obligatio 
literis. The subject is discussed by Unterholzner 7 
in an ingenious essay, which, however, was written 



I. (Gaius, iii., 100, 105.— Dig. 45, tit. 1, s. 113: "De Verbo- 

nim Obligationibus.")— 2. (Dig. 45, tit. 1, s. 5, t> 1.)— 3. (Cic, 

Pro Rose. Com., 5.)— *. (ni., 128.) — 5. (Compare Cic, Pro 

P.osc. Com., 4, 5.)— 6. (c. 5.)— 7. (" Ueber die Rede des Cicero 

yr ' ,p n Sehauspioler Q. Roscius," Zeitschrift, i., 248.) 

■t O 



before the publication of the MS. of Gaius; and it 
has since been discussed by other writers. Unter- 
holzner conjectured that a third party, with the 
consent of the debtor and creditor, made the entry 
in his own books ; but there is no evidence in sup- 
port of this assumption. Theophilus 1 represents 
the literarum obligatio as a novatio or cnange of an 
obligation of one kind into an obligation of another 
kind, and this, he says, was effected both by word* 
and writing (^fiaci nal -/puix/uaa). It was effected, 
according to him, by the creditor writing to the 
debtor (ypd<peiv ^rjfiara irpoc avrov) to ask his con- 
sent to the old obligation being made into a new 
one of a different kind, and by the debtor consent- 
ing. As stated by him, the obligatio literis might 
be an obligatio contracted by a letter of the creditor 
to the debtor, and the debtor's reply. In principle, 
there would be no objection to its being contracted 
by the debtor's consent expressed by a subscription 
in the creditor's books. The literarum obligatio of 
Theophilus, however, rather seems to correspond 
to the other kinds of literarum obligatio referred to 
by Gaius, 2 where he says, " this obligation can be 
contracted by chirographa and syngrapha, that is, 
if a man writes that he owes a sum of money 01 
will pay it ; provided, however, there be no stipula- 
tio on the same account." It is not impossible that 
Gaius means that the creditor might convert an 
obligation of another kind into that of pecunia ex- 
pensa by the bare entry of it in his book ; for it is 
no objection to this, as Unterholzner has it, " that a 
unilateral writing on the part of the creditor should 
have the effect of putting another person under an 
obligatio," for an obligatio was already contracted, 
which the creditor w r ould have to prove ; but if he 
could prove it, the law gave him all the advantage 
of a creditor for pecunia certa, if he had complied 
with certain forms. Gaius 3 certainly may be un- 
derstood as asserting that this obligatio was con- 
tracted simply " expensum ferendo :" but it seems to 
be the general opinion that this literal um obligatio 
required the consent of the debtor either orally in 
the presence of witnesses or by letter ;* and this 
is not inconsistent with Gaius ; for, though he says 
that the debtor is bound by the " expensum ferendo," 
that does not exclude his consent, but merely shows 
what is necessary in order to make the consent 
legally binding. 

The obligationes consensu were emtio and ven- 
ditio, locatio, conductio, societas, manda*tum. All 
obligationes by contract, of course, required con- 
sent and the evidence of consent ; but " these obli- 
gationes," says Gaius, 5 " are said to be contracted 
consensu, because no peculiar form of words or 
writing was required, but the consent of the parties 
to the transaction was sufficient." Accordingly, 
such transactions could take place between persons 
at a distance from one another, but a verborum 
obligatio required the presence of the parties. The 
actions founded on these obligationes consensu 
were bonae fidei. 

A legal obligatio implies a right of action against 
the person who owes the duty (qui obligatur). This 
right of action (ex contractu) might be acquired by 
any person who was sui juris. It might also be 
acquired for him by those who were in his potes- 
tas, manus, and mancipium ; and by free men and 
slaves whom a man possessed bona fide, with cer- 
tain exceptions. This right of action might also be 
acquired by a man through the acts of a free man 
who was his agent, so far that he could require the 
cession of the obligatio so acquired. 

An obligatio was terminated (tollitur) in varioua 

1. (ad tit. 1 : " De Lit. Oblig.")-2. (iii., 134.)— 3. (iii., 137 | 
— 4. (Cic, Pro Rose Com., 5. — Val. Max., viii., 2, 2.) — 5. (iii 
135.) 

673 



0BLIGAT10NES. 



OBLIGATIONS. 



ways. The most common way was by payment 
(solutio) of what was due. A man, with the consent 
of the creditor, might pay another's debt, but the 
two schools differed as to the legal consequence of 
such payment. The Proculiani, as usual, adhering 
strictly to fundamental principles, maintained that 
the debtor was still under his obligatio, but if the 
money was demanded of him by the creditor, he had 
a good plea of dolus malus (exceptio doli mali). 

An obligatio might be terminated by acceptilatio. 
An obligation contracted per ass et libram might 
be determined in the same way, and also one ari- 
sing " ex judicati causa." (Vid. Nexum.) An ob- 
ligatio might also be determined by novatio, which 
is the change of an existing duty (debitum) into an- 
other obligation, and the determination of the for- 
mer obligation. 1 This is explained by the follow- 
ing instance : 2 If I stipulate that Titius shall give 
me what is due from you, a new obligatio arises 
by the intervention of a new person, and the former 
obligation is determined by being replaced by the 
latter ; and sometimes a former obligatio may be 
determined by a subsequent stipulatio, though the 
subsequent stipulatio may be invalid. If the stipu- 
lation was from the same person, it required the 
addition of something to effect a novatio, as the 
addition of a condition, or the circumstance of add- 
ing to or subtracting from the time contained, in 
the terms of the covenant. As to the case of a 
condition, it was the law in the time of Gaius that 
there was no novatio until the condition was ful- 
filled, and till that time the former obligatio con- 
tinued. The opinion of the great jurist Servius 
Sulpicius as to the condition immediately effecting 
a novatio, was not law in the time of Gaius (alio 
jure utimur). 

An obligatio was also determined by the. litis 
contestatio, if the proceedings had taken place in a 
legitimum judicium. It is stated generally, under 
the articles litis contestatio and legitimum judi- 
cium, what is the import of these terms respective- 
ly. The original obligation (principalis obligatio) 
was determined by the litis contestatio, and the 
defendant (reus) was then bound (tenetur) by the 
litis contestatio. If he was condemned, the litis 
„ contestatio ceased to have any effect, and he was 
bound by the judgment (ex causa judicati). It was 
a consequence of these doctrines, that, after a litis 
contestatio in a legitimum judicium, a man could 
not bring his action on the original contract ; for if 
his declaration or demand was dari mihi oportere, 
it was bad (inutilis), for after the litis contestatio 
the dari oportere had ceased. In the case of a ju- 
dicium quod imperio continetur, the obligatio ex- 
isted and the action could be brought, but the de- 
mand might be answered by a plea (exceptio) of a 
res judicata or in judicium deducta. In the judicia 
imperio continentia the exceptio rei judicata cor- 
responds to the condemnatio in the legitima judi- 
cia, and the exceptio rei in judicium deductae to the 
litis contestatio. On this subject the reader may 
consult Keller, Ueber Litis Contestation, p. 11, &c. 

Obligationes arising from contract passed by 
universal succession to the heres. There were no 
means of transferring obligationes from the credi- 
tor to another person except by a novatio, which 
was effected by the assignee stipulating with the 
debitor with the consent of the creditor, the effect 
of which was to release the debitor from his former 
obligatio, and to bind him by a new one. If this 
novatio was not effected, the assignee could only 
sue as the cognitor or procurator of the assignor, 
and not in his own name. 3 

From the consideration of obligationes arising 

1. (Dig. 46, tit. 2 : " De NoTationibus et Delegationibus " — 2. 
(Gaius, iii., 176.)— 3. (Gaiis, i., 38, &c.) 
674 



from contracts, Gaius 1 passes to the consideration 
of obligationes " quce ex delicto oriuntur ;" and these 
delicts, which are the foundation of these obliga- 
tiones, are Furtum, Bona Rapta or Rapina, Dam- 
num, and Injuria. All these obligationes he con- 
siders to be comprised in one genus, whereas the 
obligationes ex contractu are distributed into four 
genera. 

The arrangement by the Roman jurists of obli- 
gationes ex delicto with obligationes ex contractu 
was founded on the circumstance that both classe.3 
of obligationes were the foundation of rights in 
personam, or rights against a determinate individ- 
ual or determinate individuals ; but there is an im- 
portant difference in the origin of the two rights. 
The rights ex contractu are rights founded on law- 
ful acts, and rights ex delicto are rights founded 
on infringements of other rights. 

The obligationes quasi ex contractu are not enu- 
merated by Gaius, but they are discussed in the 
Institutes of Justinian. 2 These obligationes do not 
properly arise either from contract or delict ; but, 
inasmuch as they are founded on acts which are 
not delicts, they must be considered as belonging 
to contract rather than to delict, if we will refer 
them to one of these classes. But, in fact, these 
quasi contracts belong to neither class. Instances 
of these quasi contracts, enumerated in the Insti- 
tutes, are " absentis negotiorum gestio" (vid. Negg- 
tiorum Gestorum Actio), the " tutelce judicium" a 
" communis res sine societate,'" as when a thing has 
been bequeathed and given to several persons, and 
some other instances. 

These quasi contracts are arranged in the Insti- 
tutes of Justinian after obligationes ex contractu, 
and the obligationes quasi ex delicto are placed 
immediately after the obligationes ex delicto. In- 
stances of these obligationes quasi ex delicto enu- 
merated in the Institutes 3 are, " si judex litem suara 
fecerit," and the case of " dejcctum effus-urnve^ and 
others. 

We may now examine more closely the meaning 
of the term obligatio, and other terms used in rela- 
tion to the law of contracts. Its etymology (Ug-o, 
to bind) points merely to the obligatory part of a 
contract, or to the duty owing by one of the parties 
to the contract (debitor) to the other party (creditor), 
or to the duties mutually owing from the one to the 
other. The word which, as opposed to obligatio 
or "binding," expresses the determination of such 
binding, is " solutio ;" and, generally, some form of 
the word " solvo" is the appropriate term to ex- 
press the legal termination of the obligatio. But, 
inasmuch as duties owing by one party to the con- 
tract, or duties mutually owing by the parties to 
the contract, imply a right in the other party to 
the contract, or imply mutual rights in the parties 
to the contract, the word obligatio is often used to 
express both the rights and the corresponding du- 
ties which arise out of the contract. Consistently 
with this, we find the right of the creditor spoken 
of as his obligatio, and the duty of the debtor as his 
obligatio. There is no special name in the Roman 
law for a right against a determinate person or de- 
terminate persons. The name for ownership or 
property is dominium, to which is opposed the 
name obligationes as descriptive of rights against 
determinate persons. 

It is correctly remarked (Austin, An outline of a 
course of Lectures on General Jurisprudence), "that 
in the writings of the Roman lawyers the term ob- 
ligatio is never applied to a duty which answers to 
a right in rem." But as the duty answering to a 
right in rem is only the duty of forbearance, that is, 
of not doing anything, there is no great inconveni- 



1. (iii., 182.)— 2. (iii., tit. 27.)— 3. (iv., tit. 5 \ 



OBLIGATIONES. 



OBLIGATIONES. 



ence in the want of a name : as soon as an act is 
donp which is an infringement of the right, or, in 
other words, a delictum (in one sense in which the 
Romans use this word), an obligation arises by force 
of such act (obligatio ex delicto), and gives the injured 
person a right of action against the wrong-doer. 

A contractus, as it will appear from what has 
V;en said, required the consent of all the parties to 
*t. Those obligationes which were said to be 
founded on " consent" (consensus) were said to be 
no founded only because consent was sufficient, 1 
and no peculiar form of words or expression was 
required ; whereas, in the obligationes contracted 
"re," "verbis," and "literis," certain acts, words, 
or writing were required. In those contracts 
where particular forms were not required in order 
to convert them into obligationes, any words or 
acts were sufficient which were evidence of con- 
sent. What words and acts are evidence of con- 
sent, cannot, of course, be determined generally in 
any system of jurisprudence. But certain acts or 
events exclude the notion of consent, even if the 
formal parts of a contract have been most scrupu- 
lously observed ; constraint by force or threats (vis, 
metus), and fraud (dolus), and, in many cases, error 
(error, ignoranlia), either render the agreement ab- 
solutely null, or give the party w T ho has been con- 
strained, deceived, or in error, various modes of 
defence against the claims of the other party. 

An obligatio supposes two persons ; the person 
to whom the duty is due, or the creditor, and the 
person from whom it is due, or the debitor. But 
there may be more than two parties to an obliga- 
tio, either as creditores or debitores, or both, all of 
whom may be comprehended under the general 
name of rei. a With reference to a person who is 
under the same obligatio, a person may be called 
correus. But when there are several parties to an 
obligatio, there are properly several obligationes, 
and this is the case whether the creditor is one 
and the debitores are several, or the creditores are 
several and the debitor is one, or both the credi- 
tores and debitores are several. In the obligatio 
pro rata, the claims of the several creditores, or 
the duties of the several debitores, are determinate 
parts of a whole, which is made up by the parts 
being united in one formal obligatio. There are 
cases when several creditores may claim the whole 
(solidum), or several debitores may owe the whole 
(solidum) : where a creditor claims the whole 
against several debitores, there are, in fact, several 
obligationes binding on the several debitores. If 
he can only claim the whole once, he may claim it 
from any of the debitores ; but when he has been 
satisfied by one debitor, his whole claim is extin- 
guished. 

An obligatio may be unilateral, that is, may only 
give a right of action to one of the parties to it, as 
in the case of mutuum, stipulatio, and others ; or 
it may be bilateral, that is, it may give a right to 
each party against the other, as emtio, venditio, 
locatio, conductio. 

It remains to explain some other terms which 
are of frequent occurrence. 

The most general name for any agreement is con- 
rentio, pactio, pactum conventum, and its essence 
ia consent : " conventionis verbum generale est, ad 
omnia pertinens, de quibus negotii contrahendi transi- 
gendique causa consentiunt, qui inter se agunt." 3 
Conventiones, then, were juris gentium, and, as a 
genus, were divisible into species. Those conven- 
tiones which were the foundation of a right of ac- 
tion were called contractus, of which the Roman 
law acknowledged the four kinds already mention- 

1. (Gaius, iii., 135.)— 2. (Cic. De Or., ii., 43.)— 3. (Dig. ii., 
#\ 14.) 



ed. As these contractus are distinguished by par 
ticular names, they have been named by modern 
writers contractus nominati, as opposed to otber 
contracts presently to be mentioned, which they 
have named innominati. Contractus nominali, as 
has been shown, were contracts made or accompa- 
nied by certain forms : if these forms were want- 
ing in the conventio, it could not belong to the class 
of contractus nominati; but if the matter of the con- 
ventio was a civile negotium or a civilis causa, it 
formed an obligatio, and was the foundation of an 
action " prascriptis verbis'" or " in factum ;" or, as it 
is clearly expressed by Julian, 1 this is the actio " ad 
quam necesse est confugere, quoties contractus exist- 
unt, quorum appellationes nulla jure civili prodita 
sunt." All the events upon which these actions 
could arise may be reduced to the four following 
heads : " aut do tibi ut des, aut do ut facias, aut facia 
utdes, aut facio ut facias." An example of the first 
class will show the difference between these innom- 
inate and nominate contracts : if I give a man mon- 
ey for a thing, this is buying and selling, and is a 
nominate contract ; but if I give a man a thing for 
another thing, this is exchange, and it is an innom- 
inate contract, but still it is the foundation of a ci- 
vilis obligatio. These innominate contracts take the 
name of contracts from their resemblance to proper 
contracts in the Roman sense ; but, as they are not 
referrible to any one of such contracts, it is neces- 
sary to form them into a separate class. These 
contracts, as it will appear from the description just 
given of them, have their foundation in an act (a 
giving or doing) by one of the parties, and so far re- 
semble contracts re. Accordingly, the contract is 
not complete so long as a thing remains to be given 
or done by the debitor ; and the creditor may have 
his action (condictio) for the recovery of a thing 
which he has given, and for which the debtor has 
not made the return (a giving or an act) agreed 
upon. The creditor has also his action generally 
(prascriptis verbis) for the completion of the con- 
tract, or for compensation to the amount of the in- 
jury sustained by its non-performance. 

All other conventiones were simply pacta, the 
characteristic of which is that they were not origi- 
nally the foundation of actions, but only of pleas or 
answers (exceptiones) ; that is, if an agreement (con- 
ventio, pactio) could not be referred to the one or 
other class of contracts, it did not give a right of 
action. Now all conventiones were the foundation 
either of actiones or of exceptiones. Conventiones 
were contractus when they were made with cer- 
tain forms ; when they were not made with these 
forms, but still on good consideration (causa), they 
were the foundation of a civilis obligatio. When 
there was no causa, there was no obligatio created 
by such conventio, and it is added, 8 " therefore a 
nuda pactio does not produce an obligatio, but an 
exceptio :" whence it follows that a nuda pactio is 
a pactio sine causa, or a pactio for the benefit of one 
party only. Sometimes nuda conventio is used as 
equivalent to nuda pactio. 3 It is a mistake to say 
that pactum by itself means a one-sided contract. 
Pactum is a term as general as conventio (pactum 
a pactione — est autcm pactio duorum pluriumve in 
idem placitum consensus*), and is a part of all con- 
tracts, as conventio is. There might be a pactum 
or pactio relating to marriage, the establishment of 
a servitus in provincial lands, 8 and other matters. 
But pactum, as included in the law of obligationes, 
obtained a limited signification ; and it was used to 
signify agreements not included among the con- 
tractus, but still binding agreements, as being found- 

1. (Dig. 19, tit. 5 : "De prascriptis rerbis," &c.)— 2. (Dig. 2 
tit. 14, s. 7. <> 4.)— 3. (Dig. 15, tit. 5, s. 15.)— 4. (Dig. 2, tit. 4, * 
1.)— 5. (Gaius, ii., 31.) 

675 



OBSONIUM. 



OCREA. 



ed on a causa. Some of these obligatory pacta 
were the foundation of an actio civilis, and some 
of them were protected by the praetor : ait praetor : 
" Pacta conventa qua neque dolo malo neque adversus 
leges plebiscita senatus consulta edicta decreta princi- 
pum neque quo fraus cui eorum fiat facta erunt serva- 
bo." 1 The parties to a pactum were said " pacisci." 
Anything might be the subject of a "pactum" which 
did not involve an illegality. If an illegal pactum 
was made, it was still illegal, though it had been 
confirmed by a stipulatio or any other form. The 
matter relating to pacta is not arranged in the Di- 
gest under the head of Obligationes et Actiones, 2 
but in the same book with the titles De Jurisdic- 
tione, &c. 

Savigny contends that the notion of agreement, 
or of contract in its general sense (vertrag), is too 
narrowly conceived by jurists in general. He de- 
fines agreement to be the "union of several persons 
in one concordant declaration of will whereby their 
legal relations are determined." Consequently, the 
notion of contract or agreement must be extended 
to other things than to contracts which produce 
obligationes : for instance, tradition is characterized 
by all the marks of an agreement ; and the fact that 
the declaration of their will by the parties to the 
tradition is insufficient to effect complete tradition 
without the external act by which possession is ac- 
quired, does not in the least affect the essence of 
the agreement. In like manner, easements (servi- 
tutes) take their rise from agreement. The imper- 
fect conception of an agreement has arisen from not 
separating in some cases the obligatory agreement 
from those acts for which such obligatory agree- 
ment is generally a preparation, and of which it is 
an accompaniment. This becomes more apparent 
if we consider the case of a gift, which is a real 
agreement, but without any obligation : it is merely 
a giving and receiving by mutual consent. This 
general notion of agreement is contained in the 
words of Ulpian already quoted, in which he de- 
fines pactio to be " duorum pluriumve" &c. It does 
not seem, however, that the Romans applied the 
terms pactio, pactum, and conventio to any agree- 
ments except those which were the foundation of 
obligationes. 3 

Pollicitatio is a proffer or offer on the part of a 
person who is willing to agree {pollicitatio offer entis 
solius promissum*). A pollicitatio, of course, cre- 
ated no obligatio. The word is frequently used 
with reference to promises made by a person to a 
state, city, or other body politic, such as the prom- 
ise to erect a building, to exhibit public shows, &c. 
Such pollicitationes were binding when there was 
a causa, as a promise made with reference to a dig- 
nity {honor) conferred or to be conferred. A pollici- 
tatio sine causa was also obligatory if the person 
began to do what he had promised, as if he laid the 
foundation of a building or cleared the ground 
{Huic theatro ex privatorum pollicitationibus multa de- 
bentur s ). 

A person who vowed anything was also bound 
(voto obligatus). 

(Gaius, hi., 88, &c. — Inst., iii., tit. 13, &c. — Dig. 
47, tit. 7, De Obligalionibus et Actionibus. — Miihlen- 
bruch, Doctrina Pandectarum, lib. iii., De Obligation- 
ibus. — Marezoll, Lehrbuch, &c. The matter of ob- 
ligationes is arranged by Gans, System des Romis- 
chen Civilrechts, p. 60, Vom Obligationenrecht.) 

OBOLUS. (Fid. Drachma.) 

OBSIDIONA'LIS CORONA. {Vid. Corona, p. 
309.) 

OBSO'NIUM. (Vid. Opsonium.) 

1. (Dig. 2, tit. 14, s. 7.)— 2. (Big. 44, tit. 7.)— 3. (Savigny, 
System des Heut. Rom. Rechts, iii.) — 4. (Dig-. 50, tit. 12, s. 3.) 
-5. (Vid. Plin., Epist., x., 48 —Id. ib., v., 12.) 
676 



OCCUPA'TIO. The word is used by Cicero 1 to 
express the acquisition of ownership by occupation, 
or the taking possession of that which has no own- 
er. Among the modes of acquiring ownership 
" naturali ratione," that is, by such means as are in 
all nations acknowledged to be lawful means of ac- 
quiring ownership, Gaius 2 enumerates the taking 
possession of those things quae nulli"s sunt, as an- 
imals of the chase, birds and fishes, and such things 
are said " occupantis fieri." 3 

*OCHNE (pxvrj), the Pear-tree, or Pyrus commu- 
nis. Theocritus has oxvac. (Vid. Pyrus.)* 

*OCHRA {&xP a )i our Yellow Ochre, i. e., the 
ochrey brown iron ore of Jameson. It was much 
used by the ancient painters, and likewise as a 
medicine. 5 

*OCHRUS (&XP 0C )> the Pisum Ochrys, a species 
of Pease that grows plentifully among corn in Italy 
and Sicily. 6 

*OCIMOEI'DES (tontjuoeidec), a plant, which Mat- 
thiolus and Bauhin hold to be a species of Lychnis , 
an opinion, however, which is rejected by Dodo- 
naeus. Sprengel agrees with Lobelius and Dale- 
champ in referring it to the Saponaria Ocimoides. 7 

♦O'CIMUM or O'CYMUM (okluov, okv/iov), a 
plant, which Adams makes the same with the Ocy- 
mum Basilicum, or Sweet Basil. 9 

O'CREA (kvv/uIc), a Greave, a Leggin. A pair 
of greaves (Kvn/j,l6ec) was one of the six articles of 
armour which formed the complete equipment of a 
Greek or Etruscan warrior (vid. Arma, p. 94), and 
likewise of a Roman soldier as fixed by Servius 
Tullius. 9 They were made of bronze, 10 of brass, 11 
of tin, 18 or of silver and gold, 13 with a lining proba- 
bly of leather, felt, or cloth. Another method of 
fitting them to the leg so as not to hurt it was by 
the interposition of that kind of sponge which was 
also used for the lining of helmets (vid. GaleAj p. 
466), and which Aristotle describes as being re- 
markable for thinness, density, and firmness. The 
greaves, lined with these materials, as they were 
fitted with great exactness to the leg, probably re 




1. (Off., i., 7.)— 2. (ii., 66, <fcc.)— 3. (Dig 41, tit I: "Dew 
quirendo rerum dominio.") — 4. (Horn., Odyss., vii., 120 — The- 
ocritus, Idyll., i., 134. — Adams, Append., s. v.) — 5. (Dioscor., v. 
108. — Adams, Append., s. v.) — 6. (Theophrast., H. P., viii., 3 
10. — Adams, Append., s. v.) — 7. (Dioscor., iv., 28. — Galen, D« 
Simpl., viii. — Adams, Append., s. v.) — 8. (Theophrast., II. P., 
i., 19. — Id. ib., vii., 1. — Dioscor., ii., 170. — Adams, Append., s 
v.)— 9. (Liv., i., 43.)— 10. (Alcseus, Frag., i., ed. Matthia?.) — 11. 
(Hes., Scut., 122.)— 12. (Horn., II., xviii., 612.— Id. ib., xxi , 
592.)— 13. (Virg., JSn., vii., 634.— Id. ib., viii., 624.- Id. ib. xi 
488 ' 



CENOPHORUM. 



OLLA. 



quired, in many cases, no other fastening than their 
own elasticity. Often, nevertheless, they were far- 
ther secured hy two straps, as may be seen in 
the woodcut at p. 94. Their form and appearance 
will be best understood from the preceding wood- 
cut. The upper figure is that of a fallen warrior, 
represented among the sculptures, now at Munich, 
belonging to the temple in JSgina. In consequence 
of the bending of the knees, the greaves are seen to 
project a little above them. This statue also shows 
very distinctly the ankle-rings (kTuoyvpia), which 
were used to fasten the greaves immediately above 
the feet. The lower portion of the same woodcut 
represents the interior view of a bronze shield and 
a pair of bronze greaves, which were found by 
Signor Campanari in the tomb of an Etruscan 
warrior, and which are now preserved in the Brit- 
ish Museum. These greaves are made right and 
left. 

That the Greeks took great delight in handsome 
and convenient greaves may be inferred from the 
epithet ei)Kvrjul6eg, as used by Homer, and from his 
minuteness in describing some of their parts, espe- 
cially the ankle-rings, which were sometimes of 
silver. 1 The modern Greeks and Albanians wear 
greaves, in form resembling those of their ances- 
tors, but mad-e of softer materials, such as velvet, 
ornamented with gold, and fastened with hooks and 
eyes. 

Among the Romans, greaves made of bronze, and 
richly embossed, were worn by the gladiators. 
Some such have been found at Pompeii. 2 It ap- 
pears that in the time of the emperors greaves 
were not entirely laid aside as part of the armour 
of the soldiers. 3 At an earlier period the heavy- 
armed wore a single greave on the right leg.* Leg- 
gins of ox-hide or strong leather, probably of the 
form already described, and designated by the same 
names both in Greek and Latin, were worn by agri- 
cultural labourers 5 and by huntsmen. 6 

OCTOBER. (Vid. Calendar, Roman.) 

OCTO'PHORON. (Vid. Lectica, p. 571.) 

OECCS. (Vid House, Roman, p. 517.) 

*Ol* or OIE (or}, oln), the Pyrus sorbus, or Ser- 
vice-tree. Its fruit is called ova by Dioscorides. 7 

•(ENANTHE (oivdvdt)), a plant, about which 
many conjectures have been formed. Sprengel pre- 
fers that of Lobelius, who held it to be the Pedicu- 
laris tuberosa, L. " From my acquaintance, how- 
ever," observes Adams, " with the (Enanthe pimpi- 
nelloidcs, or Parsley Waterdropwort, I cannot help 
tkinking that it agrees pretty well with the descrip- 
tion of Dioscorides. The (Enanthe crocata, a spe- 
cies very similar in appearance, but very different 
in quality, is entirely out of the question, although 
Dr. Milligan holds it to be the (Enanthe of Celsus. 
The term olvdvdn is likewise applied to the flowers 
of the wild vine." 8 

*II. A small bird mentioned by Aristotle. It is 
supposed to have been the Saxicola (Enanthe, Bech- 
stein. Its English name is Wheatear ; its Scotch, 
Chacker. 9 

*CENAS (olvdg), the common Pigeon, or Colum- 
ba (Enas. 10 

CENO'PHORUM (olvo<popov), a Basket, or other 
contrivance for carrying bottles of wine ; a wine- 
basket. This was sometimes used by those who 
took their own wine with them in travelling, in or- 
der to avoid the necessity of purchasing it on the 



1. (Horn., IL, iii., 331.— Id. ib.,xi., 18.)— 2. (Gell.Pompeiana, 
1817, plate 18.— Donaldson, Pompeii, vol.ii.)— 3. (Lamprid., Al. 
Sever., 40.)-^. (Veget., De Re Mil., i., 20.)— 5. (Horn., Od., 
rxiv., 228.— Plin., H. N., xix., 7.— Pallad., De Re Rust., i., 43.) 
— *• (Hor., ii., 3,234.)— 7. (Theophrast., H. P., ii., 10.— Adams, 
Append., s. v.)— 8. (Theophrast., H. P., vi., 6.— Dioscor., iii., 
133.— Id., v., 5.— Adams, Append., s. v.)— 9. (Aristot., H. A., 
u., 36— Adams, Aopend., s. v.)— 10. (Aristot., H. A., v., 11.) 



road. 1 A slave, called the wine-bearer (<xnophorus*) 
carried it probably on his back. 

♦CENOTHE'RA (oivodvpa), according to Spren- 
gel, the Epilobium angustrfolium, or narrow-leaved 
Willow-herb. " The commentators, however," re- 
marks Adams, " are in general very undecided re- 
garding it." 3 

*CESTRUS (olorpog). " Bochart and Aldrovan- 
di," remarks Adams, " have proved most satisfacto- 
rily, that by the Greek poets, &c, the terms olcrpo^ 
and fivcjxp were used indiscriminately ; but that Ar- 
istotle and other writers on matters of science ap- 
ply the former to a species of gadfly (meaning, I 
presume, the (Estrus bovis, or Breeze), and the lat- 
ter to a species of horsefly (the Tabanus bovinus). 
This, it appears to me, is the most satisfactory ac- 
count of the matter. But yet I think it right to 
mention that Schneider, treating of the uvo\(j of 
iElian, professes himself unable to determine wheth- 
er it was a species of (Estrus, Tabanus, or Hippo- 
bosca ; and in another place he offers it as a con- 
jecture, that the olarpog of Aristotle was a species 
of Culex. It seems agreed that the Asilus of Virgil 
was the Breeze." (Vid. Asilus.)* 
OFFENDIX. (Vid. Apex.) 
OGULNIA LEX. (Vid. Lex, p. 584.) 
OIKIAS AIKH (ohiag dinn), an action to recovei 
a house, in which (as in any other action where 
property was the subject of litigation) the dicasts 
decided ((hedinaaev) to which of the parties the 
house belonged, and adjudged it to him (eTredina- 
cev). Nothing farther being requisite, the suit was 
an arifinToc uyuv. Certain speeches of Lydas, 
Isaeus, and Hyperides, which are now lost, were 
upon this subject. The oltciag dinn was only to re- 
cover the house itself; the by-gone rents, or mesne 
profits, were recoverable in an action called kvowiov 
dlnn. (Vid. Enoikiou Dike.) 5 

OFFICIUM ADMISSIO'NUM. (Vid. Admissi- 

0NAL1S.) 

OINOCHOOI (oivoxooi). (Vid. Symposium.) 
OIONISTICE (piuviGTiKTJ). (Vid. Divinatio, p 
369.) 

*OLI'VA, the Olive-tree. ( Vid. Elaia and Co- 

TINOS.) 

OLLA, ant. AULA, 6 dim. OLLULA (TleStjc ; x 6 - 
rpoc, x v ~P a i dim. x VT Pk), a vessel of any material, 
round and plain, and having a wide mouth ; a pot, 
ajar. 

Besides being made of earthenware 7 (barpaKcvr/, 
testacea) and bronze (xalitii}, cenea, 9 cenum ; 9 7ie6ij<, 
xd'Aiceog 10 ), the ancients also made these vessels of 
different kinds of stone, which were turned upon 
the lathe. At Pleurs, a village near Chiavenna, to 
the north of the Lake of Como, the manufacture 
of vessels from the potstone found in a neighbour- 
ing mountain is still carried on, and has probably 
existed there from the time of Pliny, who makes 
express mention of it. 11 Some of these vessels are 
nearly two feet in diameter, and, being adapted to 
bear the fire, are used for cooking (Oculis obser- 
vare ollam pultis, ne aduratur 12 ). 

The following woodcut is taken from a vase in 
the British Museum, which was found at Canino in 
Etruria. The painting upon it represents the story 
of Medea boiling an old ram with a view to per- 
suade the daughters of Pelias to put him to death. iJ 

1. (Hor., Sat., I., vi., 109. — Juv., Sat., vii., 11. — Pers., Sat., 
v., 140. — Mart., vi., 88. — Apuleius, Met., viii. — Tertull., De Je- 
jun., 9.)— 2. (Plin., H. N., xxxiv., 8, s. 19.)— 3. (Theophrast.. H. 
P., ix., 10. — Dioscor., iv., 116. — Adams, Append., s. v.) — 4. 
(JElian, N. A., vi., 37. — Adams, Append., s. v.) — 5. (Meier, Att. 
Proc., p. 492.) — 6. (Plaut., Aulul., passim.) — 7. (Antiphanei 
ap. Athen., x., 70.) — 8. (^Esop., Fab., 329. — Catd,De Re Rust., 
81.)— 9. (Ovid, Met., vii., 318-321.)— 10. (Herod., i., 48.)— 11. 
(H. N.,xxxvi., 22, s. 44.)— 12. (Varro ap. Non. Marcel!., p. 543, 
ed. Merceri. — Festus, s. v. A ulas.) —13. (Ovid, Met., vii., 31Sk 
321.— Hyein.,Fab., 24.) 

677 



OLLA. 



OLYMPIAD. 




The pot has a round bottom, and is supported by a tri- 
pod, under which is a large tire. The ram, restored 
lo youth, is just in the act of leaping out of the pot. 
Instead of being supported by a separate tripod, the 
vessel was sometimes made with the feet all in one 
piece, and it was then called in Greek rpiixovc (vid. 
Tripos), xvtoottovc, 1 and nvpio-TaTnc.. 

Besides being placed upon the fire in order to boil 
water or cook victuals, the ancients used pots to 
carry fire, just as is now done by the modern inhab- 
itants of Greece, Italy, and Sicily. 2 They also used 
small pots containing fire and pitch, to annoy the 
enemy in sieges by throwing them from slings and 
military engines. 

A late traveller in Asia Minor informs us that the 
Turks wash their hands in the following manner : 
A boy or servant pours water upon the hands, the 
water falling into a vessel which is placed under- 
neath to receive it. 3 So in the Odyssey,* a servant 
brings water in a golden ewer (irpoxoo), and pours 
it upon the hands of the guest over a jar (letrjTt) of 
silver. Numerous passages of ancient authors show 
that this practice has always prevailed in the same 
countries. 

The Argives and iEginetans drank out of small, 
coarse pots of their own manufacture, rather than 
purchase cups of superior quality from Athens. 5 
(Vid. Fictile, p. 440.) 

Ollae were also used to hold solids and keep them 
in store, while amphorae rendered the same service 
in regard to liquids. (Vid. Amphora.) Thus grapes 
were kept in jars as at present. 6 Although pots 
were commonly made solely with a view to utility, 
and were therefore destitute of ornament and with- 
out handles, yet they were sometimes made with 
two handles (dknot) like amphorae ; and, when they 
were well turned upon the wheel, well baked, smooth 
and neat, and so large as to hold six congii (=4£ 
gallons nearly), they were, as we learn from Plato, 7 
considered very beautiful. 

Pots were used, as with us, in gardening. 8 

Another very remarkable use of these vessels of 
earthenware among the Greeks was to put infants 
into them to be exposed, 9 or to be carried any- 

1. (Hes., Op. et Dies, 748.— Schol. in Soph., Aj., 1405.)— 2. 
fXen., Ilellen., iv., 5, $ 4.) — 3. (Fellows's Excursion in Asia 
Minor, p. 153.)— 4. (i., 136.)— 5. (Herod., v., 88.)— 6. (Col., De 
Re Rust., xii., 43.)— 7. (Hipp. Maj., p. 153, 154, ed. Heindorff.) 
—8. (Cato, De Re Rust.., 51.)— 9. (Aristoph.,Ran., 1188.— Schol. 
*i loc. — Mceris, s. v. 'E/xv'pio'lJ-^-) 
67S 



where. 1 Hence the exposure of children was call 
ed eyxvTplfriv, 2 and the miserable women who prac 
tised it kyxvrpicTpicu. 3 

In monumental inscriptions the term olla is fre- 
quently applied to the pots which were used to re- 
ceive the ashes of the slaves or inferior members of 
a family, and which were either exposed to view in 
the niches of the Columbarium, or immured in such 
a manner as to show the lid only. Some good spe- 
cimens of cinerary ollae are preserved in the British 
Museum, in a small apartment so constructed as to 
exhibit accurately the manner of arranging them. 
(Vtd. above, p. 287, 288, 461, and numerous platea 
in Bartoli's Antichi Sepolcri.) 

The lid of the olla was called enWr/jua and opercu- 
lum. It generally corresponded in the material and 
the style of ornament with the olla itself* 

*OLOLYGON (bloXvyuv), " the name of an an- 
imal," says Adams, " mentioned by Theocritus. 
The scholiast calls it a swallow ; some have refer- 
red it to the lark ; and others have supposed it a 
frog ! From the probable derivation of the word 
(i. c, from bloTivyrj), I am disposed to agree with the 
scholiast." 5 

*OLOSTTON [blooTiov), a plant mentioned by 
Dioscorides. " Little, however, can be made," says 
Adams, " from his brief description of it. It is de- 
cidedly not the Stellaria Holosteum, or Greater Stich- 
wort, as Ruellius supposed ; nor the Plantago albi- 
cans, as Dodonaeus suggested. Whether or not the 
Holosteum umbellatum, as Tabermontanus and Spren- 
gel contend, possesses the requisite character, I dare 
not venture to decide, as I have no acquaintance 
with that plant." 6 

OLYMPIAD COTiVfintdc), the most celebrated 
chronological aera among the Greeks, was the period 
of four years, which elapsed between each celebra- 
tion of the Olympic games. The olympiads began 
to be reckoned from the victory of Corcebus in the 
footrace, which happened in the year B.C. 776.V 
Timaeus of Sicily, however, who flourished B.C. 
264, was the first writer who regularly arranged 
events according to the conquerors in each olym- 
piad, with which aera he compared the years of the 
Attic archons, the Spartan ephors, and that of the 
Argive priestesses. 8 His practice of recording events 
by olympiads was followed by' Polybius, Diodorus 
Siculus, Dionysius of Halicarnassus, and sometimes 
by Pausanias, ^Elian, Diogenes Laertius, Arrian, &c. 
It is twice adopted by Thucydides 9 aridXenophon. 10 
The names of the conquerors in the footrace were 
only used to designate the olympiad, not the con- 
querors in the other contests. Thucydides, 11 how- 
ever, designates two olympiads by the name of the 
conquerors in the pancratium ; but this appears 
only to have been done on account of the celebrity 
of these victors, both of whom conquered twice in 
the pancratium. Other writers, however, adhere 
so strictly to the practice of designating the olym- 
piad only by the conqueror in the footrace, that even 
when the same person had obtained the prize in 
other contests as well as in the footrace, they only 
mention the latter. Thus Diodorus 12 and Pausa- 
nias 13 only record the conquest of Xenophon of Cor- 
inth in the footrace, although he had also conquered 
at the same festival in the pentathlum. 

The writers who make usu of the aera of the 
olympiads usually give the number of the olympiad I 
(the first corresponding to B.C. 776), and then the 
name of the conqueror in the footrace. Some wn- 

1. (Aristoph.,Thesm., 512-516.— Schol. ad loc.)— 2. (Hesych., 
s< v.) — 3. (-Suidas, s. v.)— 4. (Herod., i., 48. — Col., 1. c.) 
— 5. (Theocrit., vii., 139. — Adams, Append., s. v.) — 6. (Dios 
cor., iv., 11. — Galen, De Simpl., viii. — Adams, Append., s. v.)— 

7. (Paus., v., 8, $ 3.— Id., viii., 26, (> 3.— Stvabo, viii., p. 355.)— 

8. (Polyb., xii., 12, 1.)— 9. (iii., 8 ; v., 49.) — 10 (Hellen.,i. 
2, H ; «•> 3, t> 1.)— 11. (11 cc.)-12. (xi.. -0. Wa iv., 24, t) 8. 



OLYMPIAD. 

ters also speak of events as happening in the first, 
second, third, or fourth year, as the case may be, of 
a certain olympiad ; but others do not give the sep- 
arate years of each olympiad. The rules for con- 
certing olympiads into the year B.C., and vice ver- 
sa, are given under Calendar (Greek), p. 191 ; but, 
as this is troublesome, we subjoin for the use of the 
student a list of the olympiads, with the years of the 
Christian aera corresponding to them, from the be- 
ginning of the olympiads to A.D. 301. To save 
space, the separate years of each olympiad, with the 
corresponding years B.C., are only given from the 
47th to the 126th Olympiad, as this is the most im- 
portant period of Grecian history ; in the other 
olympiads the first year only is given. In consult- 
ing the following table, it must be borne in mind that 
the Olympic games were celebrated about midsum- 
mer (vid. Olympic Games), and that the Attic year 
commenced at about the same time. If, therefore, 
an event happened in the second half of the Attic 
/ear, the year B.C. must be reduced by one. Thus 
Socrates was put to death in the 1st year of the 
:5th Olympiad, which corresponds in the following 
table to B.C. 400 ; but, as his death happened in 
Thargelion, the 11th month of the Attic year, the 
year B.C. must be reduced by one, which gives us 
B.C. 399, the true date of his death. 



B.C. 


01. 


B.C. 


776. 


1. 1. 


590. 


772. 


2. 1. 


589. 


768. 


3. 1. 


588. 


764. 


4. 1. 


587. 


760. 


5. 1. 


586. 


756. 


6. 1. 


585. 


752. 


7. 1. 


584. 


748. 


8. 1. 


583. 


744. 


9. 1. 


582. 


740. 


10. 1. 


581. 


736. 


11. 1. 


580 


732. 


12. 1. 


579. 


728. 


13. 1. 


578. 


724. 


14. 1. 


577. 


720. 


15. 1. 


576. 


716. 


16. 1. 


575. 


712. 


17. 1. 


574. 


708. 


18. 1. 


573. 


704. 


19. 1. 


572. 


700. 


20. 1. 


571. 


696. 


21. 1. 


570. 


692. 


22. 1. 


569. 


688. 


23. 1. 


568. 


684. 


24. 1. 


567. 


680. 


25. 1. 


566. 


676. 


26. 1. 


565. 


672. 


27. 1. 


564. 


668. 


28. 1. 


563. 


664. 


29. 1. 


562. 


660. 


30. 1. 


561. 


656. 


31. 1. 


560. 


652. 


32. 1. 


559. 


648. 


33. 1. 


558. 


644. 


34. 1. 


557. 


640. 


35. 1. 


556. 


636. 


36. 1. 


555. 


632. 


37. 1. 


554. 


628. 


38. 1. 


553. 


624. 


39. 1. 


552. 


620. 


40. 1. 


551. 


616. 


41. 1. 


550. 


612. 


42. 1. 


549. 


608. 


43. 1. 


548. 


604. 


44. 1. 


547. 


600. 


45. 1. 


546. 


596. 


46. 1. 


545. 


592. 


47. 1. 


544. 


591 


2. 


543. 



01. 



48. 



49. 



50. 



51. 



52. 



53. 



54. 



55. 



56. 



57. 



58. 



59. 



3 

4 

1 

2 

3 

4 

1 

2 

3 

4 

1 

2 

3 

4 

1 

2 

3 

4 

1 

2 

3 

4 

1 

2 

3 

4 

1 

2 

3 

4 

1 

2 

3 

4 

1 

2 

3 

4 

1 

2 

3 

4 

1 

2 

3 

4 

1 

2 



B.C. 

542. 

541. 

540. 

539. 

538. 

537. 

536. 

535. 

534. 

533. 

532. 

531. 

530. 

529. 

528. 

527. 

526. 

525. 

524. 

523. 

522. 

521. 

520. 

519. 

518. 

517. 

516. 

515. 

514. 

513. 

512. 

511. 

510. 

509. 

508. 

507. 

506. 

505. 

504. 

503. 

502. 

501. 

500. 

499. 

498. 

497. 

496. 

495. 



01. 



60. 



61. 



62. 



63. 



64. 



65. 



66. 



67. 



68. 



69. 



70. 



71. 



3. 

4. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

1. 

2. 

3 

4. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

1. 

2. 









OLYMPIAD 








B.C. 


01 




B.C. 


01 




B.C. 


01 




494. 




3. 


419. 




2. 


344. 


109. 


f 


493. 




4. 


418. 




3. 


343 




2. 


492. 


72. 


1. 


417. 




4. 


342. 




3. 


491. 




2. 


416. 


31. 


1. 


341. 




4. 


490. 




3. 


415. 




2. 


340. 


110. 


1. 


489. 




4. 


414. 




3. 


339. 




2. 


488. 


73. 


I. 


413. 




4. 


338. 




3. 


487. 




2 


412. 


92 


1. 


337. 




4 


486. 




3. 


.411. 




2. 


336. 


111. 


1. 


485. 




4. 


410. 




3. 


335. 




2 


484. 


74. 


1. 


409. 




4. 


334. 




3 


483. 




2. 


408. 


93. 


1. 


333. 




4. 


482. 




3. 


407. 




2. 


332. 


112. 


1. 


481. 




4. 


406. 




3. 


331. 




2. 


480. 


75. 


1. 


405. 




4. 


330. 




3. 


479. 




2. 


404. 


94. 


1. 


329. 




4. 


478. 




3. 


403. 




2. 


328. 


113. 


1. 


477. 




4. 


402. 




3. 


327. 




2. 


476. 


76. 


1. 


401. 




4. 


326. 




3. 


475. 




2. 


400. 


95. 


1. 


325. 




4. 


474. 




3. 


399. 




2. 


324. 


114. 


1. 


473. 




4. 


398. 




3. 


323. 




2. 


472. 


77. 


1. 


397. 




4. 


322. 




3. 


471. 




2. 


396. 


96. 


1. 


321. 




4. 


470. 




3. 


395. 




2. 


320. 


115. 


1. 


469. 




4. 


394. 




3. 


319. 




2. 


468. 


78. 


1. 


393. 




4. 


318. 




3. 


467. 




2. 


392. 


97. 


1. 


317. 




4. 


466. 




3. 


391. 




2. 


316. 


116. 


1. 


465. 




4. 


390. 




3. 


315. 






464. 


79. 


1. 


389. 




4. 


314. 




3. 


463. 




2. 


388. 


98. 


1. 


313. 




4. 


462. 




3. 


387. 




2. 


312. 


117. 


1. 


461. 




4. 


386. 




3. 


311. 




2. 


460. 


80. 


1. 


385. 




4. 


310. 




3. 


459. 




2. 


384. 


99. 


1. 


309. 




4. 


458. 




3. 


383. 




2. 


308. 


118. 


1. 


457. 




4. 


382. 




3. 


307. 




2. 


456. 


81. 


1. 


381. 




4. 


306. 




3. 


455. 




2. 


380. 


100. 


1. 


305. 




4. 


454. 




3. 


379. 




2. 


304. 


119. 


1. 


453. 




4. 


378. 




3. 


303. 




2. 


452. 


82. 


1. 


377. 




4. 


302. 




3. 


451. 




2. 


376. 


101. 


1. 


301. 




4. 


450. 




3. 


375. 




2. 


300. 


120. 


1. 


449. 




4. 


374. 




3. 


299. 




2. 


448. 


83. 


1. 


373. 




4. 


298. 




3 


447. 




2. 


372. 


102. 


1. 


297. 




4. 


446. 




3. 


371. 




2. 


296. 


121. 


1. 


445. 




4. 


370. 




3. 


295. 




2. 


444. 


84. 


1. 


369. 




4. 


294. 




3. 


443. 




2. 


368. 


103. 


1. 


293. 




4. 


442. 




3. 


367. 




2. 


292. 


122. 


1. 


441. 




4. 


366. 




3. 


291. 




2. 


440. 


85. 


1. 


365. 




4. 


290. 




3. 


439. 




2. 


364. 


104. 


1. 


289. 




4. 


438. 




3. 


363. 




2. 


288. 


123. 


1. 


437. 




4. 


362. 




3. 


287. 




2. 


436. 


86. 


1. 


361. 




4. 


286. 




3. 


435. 




2. 


360. 


105. 


1. 


285. 




4, 


434. 




3. 


359. 




2. 


284. 


124. 


1. 


433. 




4. 


358. 




3. 


283. 




2. 


432. 


87. 


1. 


357. 




4. 


282. 




3 


431. 




2. 


356. 


106. 


1. 


281. 




4. 


430. 




3. 


355. 




2. 


280. 


125. 


1 


429. 




4. 


354. 




3. 


279. 




2. 


428. 


88. 


1. 


353. 




4. 


278. 




3. 


427. 




2. 


352. 


107. 


1. 


277. 




4 


426. 




3. 


351. 




2. 


276. 


126. 


X. 


425. 




4. 


350. 




3. 


275. 




2. 


424. 


89. 


1. 


349. 




4. 


274. 




3. 


423. 




2. 


348. 


108. 


1 


273. 




4. 


422. 




3. 


347. 




2. 


272. 


127. 


1 


421. 




4. 


346. 




3. 


268. 


128. 


1 


420. 


90. 


1 


345. 




4. 


264. 

fi70 


129. 


l 



OLYMPIC GAMES. 



OLYMPIC GAMES. 



B.C. 


0] 


. 


B.C. 


0] 




A.D 


01 


.. 


260. 


130. 


1. 


68. 


178. 


1. 


117 


224. 


1. 


256. 


131. 


1. 


64. 


179. 


1. 


121. 


225. 


1. 


252. 


132. 


1. 


60. 


180. 


1. 


125. 


226. 


1. 


248. 


133. 


1. 


56. 


181. 


1. 


129. 


227. 


1. 


244 


134. 


1. 


52. 


182. 


1. 


133. 


228. 


1. 


240. 


135. 


1. 


48. 


183. 


1. 


137. 


229. 


1. 


236. 


136. 


1. 


44. 


184. 


1. 


141. 


230. 


1. 


232 


137. 


1. 


40. 


185. 


1. 


145. 


231. 


1. 


228 


138. 


1. 


36. 


186. 


1. 


. 149. 


232. 


1. 


224 


139. 


1. 


32. 


187. 


1. 


153. 


233. 


1. 


220. 


140. 


1. 


28. 


188. 


1. 


157. 


234. 


1. 


216. 


141. 


1. 


24. 


189. 


1. 


161. 


235. 


1. 


212. 


142. 


1. 


20. 


190. 


1. 


165. 


236. 


1. 


208. 


143. 


1. 


16. 


191. 


1. 


169. 


237. 


1. 


204. 


144. 


1. 


12. 


192. 


1. 


173. 


238. 


1. 


200. 


145. 


1. 


8. 


193. 


1. 


177. 


239. 


1. 


196. 


146. 


1. 


4. 


194. 


1. 


181. 


240. 


1. 


192. 


147. 


1. 








185. 


241. 


1. 


188- 


148. 


1. 


A.D. 


01. 




189. 


242. 


1. 


184. 


149. 


1. 


1. 


195. 


1. 


193. 


243. 


1. 


180. 


150. 


1. 


5. 


196. 


1. 


197- 


244. 


1. 


176. 


151. 


1. 


9. 


197. 


1. 


201. 


245. 


1. 


172. 


152. 


1. 


13. 


198. 


1. 


205. 


246. 


1. 


168. 


153. 


1. 


17. 


199. 


1. 


209. 


247. 


1. 


164. 


154. 


1. 


21. 


200. 


1. 


213. 


248. 


1. 


160. 


155. 


1. 


25. 


201. 


1. 


217. 


249. 


1. 


156. 


156- 


1. 


29. 


202. 


1. 


221. 


250. 


1. 


152. 


157- 


1. 


33. 


203. 


1. 


225. 


251. 


1. 


148. 


158. 


1. 


37. 


204. 


1. 


229. 


252. 


1. 


144. 


159. 


1. 


41. 


205. 


1. 


233. 


253. 


1. 


J40. 


160. 


1. 


45. 


206. 


1. 


237. 


254. 


1. 


136. 


161. 


1. 


49. 


207. 


1. 


241. 


255. 


1. 


132. 


162. 


1. 


53. 


208. 


1. 


245. 


256. 


1. 


128. 


163. 


1. 


57. 


209. 


1. 


249. 


257. 


1. 


124. 


164. 


1. 


61. 


210. 


1. 


253. 


258. 


1. 


120. 


165. 


1. 


65. 


211. 


1. 


257. 


259. 


I. 


116. 


166. 


1. 


69. 


212. ' 


1. 


261. 


260. 


1. 


112. 


167. 


1. 


73. 


213. 


1. 


265. 


261. 


1. 


108. 


168. 


1. 


77. 


214. 


1. 


269. 


262. 


1. 


104. 


169. 


1. 


81. 


215. 


1. 


273. 


263. 


1. 


100. 


170. 


1. 


85. 


216. 


1. 


277. 


264. 


1. 


96. 


171. 


1. 


89. 


217. 


1. 


281. 


265. 


1. 


92. 


172. 


1. 


93. 


218. 


1. 


285. 


266. 


1. 


88. 


173. 


1. 


97. 


219. 


1. 


289. 


267. 


1. 


84. 


174. 


1. 


101. 


220. 


1. 


293. 


268. 


1. 


80. 


175. 


1. 


105. 


221. 


1. 


297. 


269. 


1. 


76. 


176. 


1. 


109. 


222. 


1. 


301. 


270. 


1. 


72. 


177. 


1. 


113. 


223. 


1. 









Many of the ancient writers did not consider his- 
tory to begin till the Olympiad of Corcebus, and 
regarded as fabulous the events said to have occur- 
red in preceding times. 1 

The old olympiad aera appears only to have been 
used by writers, and especially by historians. It 
does not seem ever to have been adopted by any 
state in public documents. It is never found on any 
coins, and scarcely ever on inscriptions. There are 
only two inscriptions published by Bockh in which 
it appears to be used. a A new olympiad aera, how- 
ever, came into use under the Roman emperors, 
which is found in inscriptions and was used in 
public documents. This aera begins in 01. 227, 3 
(A.D. 131), in which year Hadrian dedicated the 
Olympieion at Athens ; and, accordingly, we find 
01. 227, 3, spoken of as the first olympiad, 01. 228, 
3 (A.D. 135), as the second olympiad, &c. 3 

OLYMPIC GAMES ('OAi^Tua), the greatest of 
the national festivals of the Greeks. It was cele- 
brated at Olympia in Elis, the name given to a small 
plain to the west of Pisa, which was bounded on 

1. (Censorinus, De Die Natal., c. 21. — African, ap. Euseb., 
Fraep., x., 10, p. 487, D. — Clinton, Fast. Hell., vol. ii., Introd., 
pt. ii.)— 2. (C>rp. Inscrip.. n. 2682, 2999.)— 3. (Corp. Inscrip., n. 
342,446, 1345.— Krause, Olympia, p. 60, &c— Wurm, De Pond . 
*«.$94, &c.) 
680 



the north and northeast by the mountains Ironing 
and Olympus, on the south by the river Alpheus, 
and on the west by the Cladeus, which flows into 
the Alpheus. Olympia does not appear to have 
been a town, but rather a collection of temples and 
public buildings, the description of which does not 
come within the plan of this woik. 

The origin of the Olympic games is buried in 
obscurity. The legends of the Elean priests attrib- 
uted the institution of the festival to the Idreau 
Heracles, and referred it to the time of Cronos. 
According to their account, Rhea committed her 
newborn Zeus to the Idaean Dactyli, also called 
Curetes, of whom five brothers, Heracles, Paeonae- 
us, Epimedes, Iasius, and Idas, came from Ida in 
Crete to Olympia, where a temple had been erected 
to Cronos by the men of the Golden Age ; and Hera- 
cles, the eldest, conquered his brothers in a footrace, 
and was crowned with the wild olive-tree. Heracles 
hereupon established a contest, which was to be 
celebrated every five years, because he and his 
brothers were five in number. 1 Fifty years after 
Deucalion's flood they said that Clymenus, the son 
of Cardis, a descendant of the Idaean Heracles, 
came from Crete and celebrated the festival ; but 
that Endymion, the son of iEthlius, deprived Cly- 
menus of the sovereignty, and offered the kingdom 
as a prize to his sons in the footrace ; that, a gen- 
eration after Endymion, the festival was celebrated 
by Pel ops to the honour of the Olympian Zeus ; 
that when the sons of Pelops were scattered through 
Peloponnesus, Amythaon, the son of Cretheus and 
a relative of Endymion, celebrated it ; that to him 
succeeded Pelias and Neleus in conjunction, then 
Augeas, and at last Heracles, the son of Amphitry- 
on, after the taking of Elis. Afterward Oxylus is 
mentioned as presiding over the games, and then 
they are said to have been discontinued till their 
revival by Iphitus. 2 Most ancient writers, however, 
attribute the institution of the games to Heracles, 
the son of Amphitryon, 3 while others represent 
Atreus as their founder. 4 

Strabo 5 rejects all these legends, and says that 
the festival was first instituted after the return of 
the Heraclidae to the Peloponnesus by the iEtolians, 
who united themselves with the Eleans. It is im- 
possible to say what credit is to be given to the an- 
cient traditions respecting the institution of the 
festival ; but they appear to show that religious 
festivals had been celebrated at Olympia from the 
earliest times, and it is difficult to conceive that the 
Peloponnesians and the other Greeks would have 
attached such importance to this festival, unless 
Olympia had long been regarded as a hallowed site. 
The first historical fact connected with the Olym- 
pian games is their revival by Iphitus, king of Elis, 
who is said to have accomplished it with the assist- 
ance of Lycurgus, the Spartan lawgiver, and Cle- 
osthenes of Pisa ; and the names of Iphitus and 
Lycurgus were inscribed on a disc in commemora- 
tion of the event, which disc Pausanias saw in the 
Temple of Hera at Olympia. 6 It would appeal 
from this tradition, as ThirlwalF has remarked, that 
Sparta concurred with the two states most interest- 
ed in the establishment of the festival, and mainly 
contributed to procure the consent of the other Pel- 
oponnesians. The celebration of the festival ma\ 
have been discontinued in consequence of the 
troubles consequent upon the Doric invasion, and 
we are told that Iphitus was commanded by tht 
Delphic oracle to revive it as a remedy for intestine 
commotions and for pestilence, with which Greece 



1. (Paus., v.. 7, <) 4.)— 2. (Paus., v., 8, I) 1, 2.)— 3. (Apollod.. 
ij #) 7^ i) 2.— Diod. Sic, iv„ 14.— Compare Strabo, viii., p. 355.)— 
4 (Veil. Paterc, i., 7.— Hermann, Pol. Ant., $ 23, n. 10.)— 6 
(viii., p. 354, 355.)— 6. (Paus., v., 4, t> 4 ; v., 20, $ 1.— Plat., Ly- 
curg-., 1, 23.)— 7. (Hist, of Greece, ii., p. 386.) 



OLYMPIC GAMES. 



OLYMPIC GAMES. 



osras then afflicted. Iphitus thereupon induced the 
Eleans to sacrifice to Heracles, whom they had for- 
merly regarded as an enemy, and from this time 
the games were regularly celebrated. 1 Different 
dates are assigned to Iphitus by ancient writers, 
some placing his revival of the olympiad at B.C. 
S84, and others, as Callimachus, at B.C. 828. 2 The 
interval of four years between each celebration of 
the festival was called an olympiad ; but the olym- 
piads were not employed as a chronological aera till 
he victory of Corcebus in the footrace, B.C. 776. 
( Vid. Olympiad.) 

The most important point in the renewal of the 
festival by Iphitus was the establishment of the 
EKexetpla, or sacred armistice, the formula for pro- 
claiming which was inscribed in a circle on the disc 
mentioned above. The proclamation was made by 
peace-heralds (oTrovdo<p6pot), first in Elis and after- 
ward in the other parts of Greece ; it put a stop to 
all warfare for the month in which the games were 
celebrated, and which was called UpofXTjvia. The 
territory of Elis itself was considered especially sa- 
cred during its continuance, and no armed force 
could enter it without incurring the guilt of sacri- 
lege. When the Spartans, on one occasion, sent 
forces against the fortress Phyrcum and Lepreum 
during the existence of the Olympic truce {hv -alg 
'0?>vfL7uaKat<; o-ov8aZg), they were fined by the 
Eleans, according to the Olympic law, 2000 minas, 
being two for each Hoplite. 3 The Eleans, however, 
pretended not only that their lands were inviolable 
during the existence of the truce, but that, by the 
original agreement with the other states of Pelo- 
ponnesus, their lands were made sacred forever, and 
were never to be attacked by any hostile force ;* 
and they farther stated that the first violation of 
their territory was made by Pheidon of Argos. But 
the Eleans themselves did not abstain from arms, 
and it is not probable that such a privilege would 
have existed without imposing on them the corre- 
sponding duty of refraining from attacking the ter- 
ritory of their neighbours. The later Greeks do not 
appear to have admitted this claim of the Eleans, 
as we find many cases in which their country was 
made the scene of war. 5 

The Olympic festival was probably confined at 
first to the Peloponnesians ; but, as its celebrity ex- 
tended, the other Greeks took part in it, till at length 
it became a festival for the whole nation. No one 
was allowed to contend in the games but persons 
of pure Hellenic blood : barbarians might be specta- 
tors, but slaves were entirely excluded. All persons 
who had been branded by their own states with 
atimia, or had been guilty of any offence against 
the divine laws, were not permitted to contend. 6 
When the Hellenic race had been extended by col- 
onies to Asia, Africa, and other parts of Europe, 
persons contended in the games from very distant 
places ; and in later times a greater number of 
conquerors came from the colonies than from the 
mother-country. After the conquest of Greece by 
the Romans, the latter were allowed to take part in 
the games. The emperors Tiberius and Nero were 
both conquerors, and Pausanias 7 speaks of a Roman 
senator who gained the victory. During the free- 
dom of Greece, even Greeks were sometimes ex- 
cluded, when they had been guilty of a crime which 
appeared to the Eleans to deserve this punishment. 
The horses of Hieron of Syracuse were excluded 
from the chariot-race through the influence of The- 
mistocles, because he had not taken part with the 
other Greeks against the Persians. 8 All the Lace- 



I. (Paus., 1. c.)— 2. (Clinton, Fast. Hellen., p. 409, t.)— 3. 
fThucyd., v., 49.)-4. (Strabo, viii., p. 358.)— 5. (Xen., Hellen., 
iii., 2, $ 23. <fec. : vii., 4, <Src.) — 6. (Compare Demosth., c. Aris- 
tocrat., p. 631, 632.)— 7. (* , 20, $ 4.)— 8. (Plut., Them., 25— 
JElivu, V. H., ix., 5.) 
4R 



daemonians were excluded in the 90th Olympiad, 
because they had not paid the fine for violating trie 
Elean territory, as mentioned above ;' and similar 
cases of exclusion are mentioned by the ancient 
writers. 

No women were allowed to be present, or even to 
cross the Alpheus during the celebration of the 
games, under penalty of being hurled down from the 
Typaean rock. Only one instance is recorded of a 
woman having ventured to be present, and she, al- 
though detected, was pardoned in consideration of 
her father, brothers, and son having been victors in 
the games. 2 An exception was made to this law 
in favour of the priestess of Demeter Chamyne, 
who sat on an altar of white marble opposite to the 
Hellanodicae. 3 It would appear from another pas- 
sage of Pausanias that virgins were allowed to be 
present, though married women were not (napdevovc 
6e ovk elpyovoi O-eaauadai*) ; but this statement is 
opposed to all others on the subject, and the reading 
of the passage seems to be doubtful. 5 Women 
were, however, allowed to send chariots to the 
races ; and the first woman whose horses won the 
prize was Cynisca, the daughter of Archidamus and 
sister of Agesilaus. 6 The number of spectators at 
the festival was very great ; and these were drawn 
together, not merely by the desire of seeing the 
games, but partly through the opportunity it afford- 
ed them of carrying on commercial transactions 
with persons from distant places, 7 as is the case 
with the Mohammedan festivals at Mecca and Me- 
dina. Many of the persons present were also dep- 
uties (deupol) sent to represent the various states 
of Greece ; and we find that these embassies vied 
with one another in the number of their offerings, 
and the splendour of their general appearance, in 
order to support the honour of their native cities. 
The most illustrious citizens of a state were fre- 
quently sent as deupoi. 9 

The Olympic festival was a Pentaeteris (irevrae- 
Tijpig), that is, according to the ancient mode of 
reckoning, a space of four years elapsed between 
each festival, in the same way as there was only a 
space of two years between a rpceTvpig. According 
to the scholiast on Pindar, 9 the Olympic festival 
was celebrated at an interval sometimes of 49, 
sometimes of 50 Eaontba ; in the former case in the 
month of Apolloniue, Pi the latter in that of Parthe- 
nius. This statement has given rise to much dif- 
ference of opinion from the time of J. Scaliger ; but 
the explanation of Bockh in his commentary on 
Pindar is the siort satisfactory, that the festival 
was celebrated on the first full moon after the sum 
mer solstice, v/hi~h sometimes fell in the month of 
Apollonius, and sometimes in Parthenius, both o.i 
which he considers to be the names of Elean oi 
Olympian months : consequently, the festival wa* 
usually celebrated in the Attic month of Hecatoro 
baeon. It lasted, after all the contests had beer 
introduced, five days, from the 11th to the 15tb 
days of the month inclusive. 10 The fourth day of 
the festival was the 14th of the month, which was 
the day of the full moon, and which divided the 
month into two equal parts (6ix6/j.ijvi^ fiijva 11 ). 

The festival was under the immediate superin- 
tendence of the Olympian Zeus, whose temple at 
Olympia, adorned with the statue of the god made 
by Phidias, was one of the most splendid works of 
art in Greece. 12 There were also temples and altars 



1. (Thucyd., v.. 49, 50.— Paus., iii., 8, $ 2.)— 2. (Pnus., v., 6, 
(f 5.— ^Elian, V. H., x., 1.)— 3. (Paus., vi., 20, fy 6.— Compare 
Suet., Ner., c. 12.)— 4. (vi., 20, $ 6.)— 5. ( Vid . Valckenaer ad 
Theocr., Adon., p. 196, 197.)— 6. (Paus., iii., 8, t> 1.)— 7. (Veil. 
Paterc, i., 8. — Justin, xiii., 5 : " Mercatus Olympiacus.") — 8. 
(Thucyd., vi.. 16.— Andoc, c. Ale, p. 126, 127, ed. Jleiske.)— 9. 
(ad 01., iii., 35, ed. Bockh.)— 10. (Schol. ad Pind., Ol., v., 6.)- 
11. (Pind., Ol., iii., 19.— Schol. ad loc.)— 12. (Paus., v., 10, &c.) 

8ft 



OLYMPIC GAMES. 



OLYMPIC GAMES. 



10 most of the other gods. The festival itself may 
be divided into two parts, the games or contests 
(ayuv 'OTivfimaKog, azQXuv uy.iXkat, Kpiag aeOXcjVy 
redfiog aidliGJv, vinafyopiai), and the festive rites 
(iopn/) connected with the sacrifices, with the pro- 
cessions, and with the public banquets in honour of 
the conquerors. Thus Pausanias distinguishes be- 
tween the two parts of the festival when he speaks 
of tov uyuva kv 'OTiVfinLa Ttavriyvpiv re 'OhvfnuaKTjv. 1 
The conquerors in the games, and private individu- 
als; /s well as the theori or deputies from the vari- 
ous states, offered sacrifices to the different gods ; 
but the chief sacrifices were offered by the Eleans 
in the name of the Elean state. The order in which 
the Eleans offered their sacrifices to the different 
gods is given in a passage of Pausanias. 2 There 
has been considerable dispute among modern wri- 
ters, whether the sacrifices were offered by the 
Eleans and the theori at the commencement or at 
the termination of the contests : our limits do not 
allow us to enter into the controversy, but it ap- 
pears most probable that certain sacrifices were 
offered by the Eleans as introductory to the games, 
but that the majority were not offered till the con- 
clusion, when the flesh of the victims was required 
for the public banquets given to the victors. 

The contests consisted of various trials of strength 
and skill, which were increased in number from time 
to time. There were in all twenty-four contests, 
eighteen in which men took part, and six in which 
boys engaged, though they were never all exhibited 
at one festival, since some were abolished almost 
immediately after their institution, and others after 
they had been in use only a short time. We sub- 
join a list of these from Pausanias, 3 with the date 
of the introduction of each, commencing from the 
Olympiad of Corcebus : 1. The footrace (SpSfiog), 
which was the only contest during the first 13 
olympiads. 2. The diavlog, or footrace, in which 
the stadium was traversed twice, first introduced 
in 01. 14. 3. The dolixog, a still longer footrace 
than the diavlog, introduced in 01. 15. For a more 
particular account of the diavlog and dolixog, vid. 
Stadium. Some words appear to have dropped out 
of the passage of Pausanias to which we have just 
referred. In every other case he mentions the 
name of the first conqueror in each new contest, 
but never the name of the conqueror in the same 
contest in the following olympiad. In this passage, 
however, after giving the name of the first conquer- 
or in the diaulos, he adds, ry 6e etjfjg "Aicavdog. There 
can be little doubt that this must be the name of the 
conqueror in the dolichos, which is also expressly 
stated by Africanus.* 4. Wrestling (ttu?.t}) ; and, 5. 
The Pentathlum (tzivTadlov), which consisted of five 
exercises (vid. Pentathlum), both introduced in 
01. 18. 6. Boxing (rrvy/n^), introduced in 01. 23. 
(Vid. Pugilatus.) 7. The chariot-race, with four 
full-grown horses (Lmzuv reletuv 6p6fiog apfia), in- 
troduced in 01. 25. 8. The Pancratium (nayKpd- 
tlov), (vid. Pancratium) ; and, 9. The horserace 
Cnrnog KeX-qg), both introduced in 01. 33. 10 and 11. 
The footrace and wrestling for boys, both introdu- 
ced in 01. 37. 12. The Pentathlum for boys, intro- 
duced in 01. 38, but immediately afterward abolish- 
ed. 13. Boxing for boys, introduced in 01. 41. 14. 
The footrace, in which men ran with the equip- 
ments of heavy-armed soldiers (tuv SttXituv dpopog), 
introduced in 01. 65, on account of its training men 
for actual service in war. 15. The chariot-race 
with mules (airfjvri), introduced in 01. 70; and, 16. 
The horserace with mares (KaTiiTTj), described by 
Pausanias, 5 introduced in 01. 71, both of which 

1. (v., 4, (, 4.)-2. (v., 14., t) 5.)-3. (v., M 2, 3; M 1, 2.— 
Compare Plut.. Symp., v., 2.) — 4. (apud Euseb., Chjon., i., 
'EAA. 6* , p. 39.)— 5. (v., 9, $ 1, 2.) 
682 



were abolished in 01. 84. 17. The chariot-iace 
with two full-grown horses (Imruv reluuv ovvupig), 
introduced in 01. 93. 18 and 19. The contest o£ 
heralds (KTJpvueg) and trumpeters (calTuynTai), intro- 
duced in 01. 96. x 20. The chariot-race with foui 
foals (7rc5/lwv apfiaoLv), introduced in 01. 99. 21. 
The chariot-race with two foals (iruluv <jvvwpig" h 
introduced in 01. 128. 22. The horserace with 
foals (-Kulog KeXrjg), introduced in 01. 131. 23. The 
Pancratium for boys, introduced in 01. 145. 24. 
There was also a horserace (iinrog KeXrjg) in which 
boys rode, 3 but we do not know the time of its in- 
troduction. Of these contests, the greater number 
were in existence in the heroic age ; but the follow- 
ing were introduced for the first time by the Eleans : 
all the contests in which boys took part, the foot- 
race of Hoplites, the races in which foals were em- 
ployed, the chariot-race in which mules were used, 
and the horserace with mares (kuXttij). The con- 
tests of heralds and trumpeters were also probably 
introduced after the heroic age. 

Pausanias 3 says that, up to the 77th Olympiad, all 
the contests took place in one day ; but, as it was 
found impossible in that Olympiad to finish them all 
in so short a time, a new arrangement was madt^ 
The number of days in the whole festival which 
were henceforth devoted to the games, and the or 
der in which they were celebrated, have been a sub 
ject of much dispute among modern writers, and in 
many particulars can be only matter of conjecture. 
The following arrangement is proposed by Krause:* 
On the first day the initiatory sacrifices were offer- 
ed, and all the competitors classed and arranged by 
the judges. On the same day the contest between 
the trumpeters took place ; and to this succeeded, 
on the same day and the next, the contests of the 
boys, somewhat in the following order : the foot- 
race, wrestling, boxing, the pentathlum, the pancra- 
tium, and, lastly, the horserace. On the third day, 
which appears to have been the principal one, the 
contests of the men took place, somewhat in the 
following order : the simple footrace, the diaulos, 
the dolichos, wrestling, boxing, the pancratium, and 
the race of Hoplites. On the fourth day, the pen- 
tathlum, either before or after the chariot and horse- 
races, which were celebrated on this day. On the 
same day, or on the fifth, the contests of the heralds 
may have taken place. The fifth day appears to 
have been devoted to processions and sacrifices, 
and to the banquets given by the Eleans to the con- 
querors in the games. 

The judges in the Olympic games, called Hellano- 
dicee ('EllavodiKai), were appointed by the Eleans, 
who had the regulation of the whole festival. It 
appears to have been originally under the superin- 
tendence of Pisa, in the neighbourhood of which 
Olympia was situated ; and, accordingly, we find in 
the ancient legends the names of CEnomaus, Pelops, 
and Augeas as presidents of the games. But after 
the conquest of Peloponnesus by the Dorians, on 
the return of the Heraclidae, the ^Etolians, who had 
been of great assistance to the Heraclidae, settled in 
Elis, and from this time the ^Etolian Eleans obtain- 
ed the regulation of the festival, and appointed the 
presiding officers. 5 Pisa, however, did not quietly 
relinquish its claim to the superintendence of the 
festival, and it is not improbable that at first it had 
an equal share with the Eleans in its administration. 
The Eleans themselves only reckoned three festi- 
vals in which they had not had the presidency, 
namely, the 8th, in which Pheidon and the Piseans 
obtained it; the 34th, which was celebiated under 



1. (African, ap. Euseb., Chron., i., 'EAA. 3A., p. 41. — Paus., 
v., 22, t) 1.— Compare Cic. ad Earn., v., 12.) — 2. (Paus., vi., 2, ♦ 
4 ; 1M 1 5 1M 6 ->— 3 - (*•> 9 > * 3.)-4. (Olympia, p. 106.)— 5 
(Stra.»o, viii., p. 357, 358.) 



OLYMPIC- GAMES. 



OIVMPIO GAMES. 



the superintendence of Pantaleon, king of Pisa ; and 
the 1 04th, celebrated under the superintendence of 
the Piseans and Arcadians. These olympiads the 
Eleans called dvoTivfiiriadec;, as celebrated contrary 
to law. 1 

The hellanodicae were chosen by lot from the 
whole body of the Eleans. Pausanias 2 has given 
an account of their numbers at different periods; 
but the commencement of the passage is, unfortu- 
nately, corrupt. At first, he says, there were only 
two judges chosen from all the Eleans, but that in 
the 25th 01. (75th 01.1) nine hellanodicae were ap- 
pointed', three of whom had the superintendence of 
the horseraces, three of the pentathlum, and three 
of the other contests. Two olympiads after, a tenth 
judge was added. In the 103d 01. the number was 
increased to 12, as at that time there were 12 Elean 
phylae, and a judge was chosen from each tribe ; 
but, as the Eleans afterward lost part of their lands 
m war with the Arcadians, the number of phylae 
was reduced to eight in the 104th 01., and, accord- 
ingly, there were then only eight hellanodicae. But 
in the lOSth 01. the number of hellanodicae was in- 
creased to 10, and remained the same to the time 
of Pausanias. 3 

The hellanodicae were instructed for ten months 
before the festival by certain of the Elean magis- 
trates, called vo/j,o(bv?LaKe£, in a building devoted to 
the purpose near the market-place, which was call- 
ed 'EXXavodiKaLuv* Their office probably only last- 
ed for one festival. They had to see that all the 
laws relating to the games were observed by the 
competitors and others, to determine the prizes, 
and to give them to the conquerors. An appeal lay 
from their decision to the Elean senate. 5 Their of- 
fice was considered most honourable. They wore 
a purple robe (iropcpvpig), and had in the stadium 
special seats appropriated to them. 6 Under the di- 
rection of the hellanodicae was a certain number of 
a?>vrai, with an akvrdpxM a ^ their head, who form- 
ed a kind of police, and carried into execution the 
commands of the hellanodicae. 7 There were also 
various other minor officers under the control of the 
hellanodicae. 

All free Greeks were allowed to contend in the 
games who had complied with the rules prescribed 
to candidates. The equestrian contests were ne- 
cessarily confined to the wealthy ; but the poorest 
citizens could contend in the athletic contests, of 
which Pausanias 8 mentions an example. This, 
however, was far from degrading the games in pub- 
lic opinion ; and some of the noblest as well as 
meanest citizens of the state took part in these 
contests. The owners of the chariots and horses 
were not obliged to contend in person ; and the 
wealthy vied with one another in the number and 
magnificence of the chariots and horses which they 
sent to the games. Alcibiades sent seven chariots 
to one festival, a greater number than had ever been 
entered by a private person ; 9 and the Greek kings 
in Sicily, Macedon, and other parts of the Hellenic 
world contended with one another for the prize in 
the equestrian contests. 

All persons who were about to contend had to 
prove to the hellanodicae that they were freemen 
of pure Hellenic blood, had not been branded with 
atimia, nor guilty of any sacrilegious act. They 
farther had to prove that they had undergone the 
preparatory training (Kpoyvfivua/xara) for ten months 
previous, and the truth of this they were obliged to 
swear to in the f3ov?,evTTJptov at Olympia before the 
statue of Zeus "Opmog. The fathers, brothers, and 

1. (Paus., vi., 22, I) 2 ; 4, I) 2.)-2. (v., 9, t> 4, 5.)-3. (Paus., 
1- c.)-4. (Paus., vi., 24, t> 3.)— 5. (Paus., vi., 3, * 3.)— 6. (Paus., 
w.i 20, $ 5, 6, 7.— Bekker, Anecdot., p. 249, 4.)— 7. (Lucian, 
Herm., c. 40, vol. i., p. 73S, ed. Reitz.— Etym. Mag., p. 72, 13.) 
--« (vi., 10, <> 1.)— 9. (Thucyd., vi., 16.) 



gyrr,nastic teachers of the competitors, as well as 
the competitors themselves, had also to swear that 
they would be guilty of no crime (/ca/covpy^a) in ref- 
erence to the contests. 1 All competitors were obli- 
ged, thirty days previous to the festival, to undergo 
certain exercises in the gymnasium at Elis, undei 
the superintendence of the hellanodicae. 2 The dif- 
ferent contests, and the order in which they would 
follow one another, were written by the hellanodicee 
upon a tablet (levicufia) exposed to public view. 3 

The competitors took their places by lot, and 
were, of course, differently arranged, according to 
the different contests in which they were to be en- 
gaged. The herald then proclaimed the name and 
country of each competitor.* When they were all 
ready to begin the contest, the judges exhorted 
them to acquit themselves nobly, and then gave the 
signal to commence. Any one detected in bribing 
a competitor to give the victory to his antagonist 
was heavily fined ; the practice appears to have 
been not uncommon, from the many instances re- 
corded by Pausanias. 5 

The only prize given to the conqueror was a gar- 
land of wild olive (noTivog), which, according to the 
Elean legends, was the prize originally instituted by 
the Idaean Heracles. 6 But, according to Phlegon's 
account, 7 the olive crown was not given as a prize 
upon the revival of the games by Iphitus, and was 
first bestowed in the seventh olympiad with the 
approbation of the oracle at Delphi. This garland 
was cut from a sacred olive-ti ee, called elala koK- 
Xcariipavog, which grew in the sacred grove of Alti3 
in Olympia, near the altars of Aphrodite and the 
Hours. 8 Heracles is said to have brought it from 
the country of the Hyperboreans, and to have plant- 
ed it himself in the Altis. 9 A boy, both of whose 
parents were still alive (afifyidaXr/g iraig), cut it with 
a golden sickle (xp va <? dpsnavu). The victor was 
originally crowned upon a tripod covered over with 
bronze {rpinovg ETrixaX/cog), but afterward, and in 
the time of Pausanias, upon a table made of ivory 
and gold. 10 Palm branches, the common tokens of 
victory on other occasions, were placed in their 
hands. The name of the victor, and that of his fa- 
ther and of his country, were then proclaimed by 
a herald before the representatives of assembled 
Greece. The festival ended with processions and 
sacrifices, and with a public banquet given by the 
Eleans to the conquerors in the prytaneum. 11 

The most powerful states considered an Olympic 
victory, gained by one of their citizens, to confer 
honour upon the state to which he belonged ; and 
a conqueror usually had immunities and privileges 
conferred upon him by the gratitude of his fellow- 
citizens. The Eleans allowed his statue to be 
placed in the Altis, or sacred grove of Zeus, which 
was adorned with numerous such statues, erected 
by the conquerors or their families, or at the ex- 
pense of the states of which they were citizens. 
On his return home, the victor entered the city in a 
triumphal procession, in which his praises were ceJ 
ebrated frequently in the loftiest strains of poetr}. 
(Compare Athlete, p. 120.) 

Sometimes the victory was obtained without a 
contest, in which case it was said to be ukovitL 
This happened either when the antagonist who was 
assigned neglected to come, or came too late, or 
when an athletes had obtained such celebrity by 
former conquests, or possessed such strength and 
skill, that no one dared to oppose him. 12 When one 
state conferred a crown upon another state, a 




OLYMPIC GAMES. 



OLYMPIC GAMES. 



proclamation to this effect was frequently made at 
the great national festivals of the Greeks. 1 

As persons from all parts of the Hellenic world 
were assembled together at the Olympic games, it 
was the best opportunity which the artist and the 
writer possessed of making their works known. It 
in fact, to some extent, answered the same purpose 
as the press does in modern times. Before the in- 
vention of printing, the reading of an author's works 
to as large an assembly as could be obtained, was 
one of the easiest and surest modes of publishing 
them ; and this was a favourite practice of the 
Greeks and Romans. Accordingly, we find many 
instances of literary works thus published at the 
Olympic festival. Herodotus is said to have read 
his history at this festival; but, though there are 
some reasons for doubting the correctness of this 
statement, there are numerous other writers who 
thus published their works, as the sophist Hippias, 
Prodicus of Ceos, Anaximenes, the orator Lysias, 
Dion Chrysostom, &c. a It must be borne in mind 
that these recitations were not contests, and that 
they formed, properly, no part of the festival. In 
the same way painters and other artists exhibited 
their works at Olympia. 3 

The Olympic games continued to be celebrated 
with much splendour under the Roman emperors, 
by many of whom great privileges were awarded 
to the conquerors. ( Vid. Athlete, p. 120.) In the 
sixteenth year of the reign of Theodosius, A.D. 394 
(01. 293), the Olympic festival was forever abolish- 
ed ; but we have no account of the names of the 
victors from 01. 249. 

Our limits do not allow us to enter into the ques- 
tion of the influence of the Olympic games upon 
the national character, but the reader will find some 
excellent remarks on this subject in Thirlwall's 
Hist, of Greece, vol. i., p. 390, &c. 

There were many ancient works on the subject 
of the Olympic games and the conquerors therein. 
One of the chief sources from which the writers 
obtained their materials must have been the regis- 
ters of conquerors in the games, which were diligent- 
ly preserved by the Eleans ('Wieiov eg rove, 'OXv/x- 
luovinac ■ypd/j./u.ara ; 4 tu 'HXeiuv ypdfifiara dpxata 5 ). 
One of the most ancient works on this subject was 
by the Elean Hippias, a contemporary of Plato, and 
was entitled dvaypatyrj 'OhvfimoviK&v. 6 Aristotle 
also appears to have written a work on the same 
subject. 7 There ~Was a work by Timseus of Sicily, 
entitled 'OTivfiiuoviaai y xp° vtK ® Kpa&dia, and an- 
other by Eratosthenes (born B.C. 275), also called 
'OTiVfimovlKcu. 6 The Athenian Stesicleides is men- 
tioned as the author of an dvaypafyr] ruv dpxdvruv 
kcu '0?w/nriovLttC)v, 9 and Pliny 10 speaks of Agriopas 
as a writer of Olympionicce. 

There were also many ancient works on the 
Greek festivals in general, in which the Olympic 
games were of course treated of. Thus the work 
of Dicaearchus, Uspl 'Ayuvuv, 11 contained a division 
entitled 6 'Olv/nunoc.. 12 

One of the most important works on the Olym- 
pic games was by Phlegon of Tralles, who lived in 
the reign of Hadrian ; it was entitled Tlepl ruv 
OXvfnrluv, or 'OTiVfiiriuv nal XpoviKcJv Svvayoyrj, 
was comprised in 16 books, and extended from the 
first Olympiad to 01. 229. We still possess two 
considerable fragments of it. The important work 
of Julius Africanus, 'EXTiyvcov 'OTivfirnddec dirb tj/q 
irpuTTjc, &c, is preserved to us by Eusebius ; it 
comes down to 01. 249. Dexippus of Athens, in 

1. (Demosth., De Cor., p. 265.) — 2. (Compare Lucian, Herod., 
c. 3,4. vol. i., p. 834, Reitz.)— 3. (Lucian, 1. c.)— 4. (Paus., iii., 
21, 1 ;'v., 21, 5 ; vi., 2, 1.)— 5. (Id., v., 4, 4.)-6. (Plut., Numa, 
l.)-7. (Diog., v., 26 ^—8. (Diog., viii., 51.)— fl. (Diog., ii., 56.) 
-10. (II. N., viii., 34.)— 11. (Diog., v., 47 )— 12 (Athen., xiv., 
p. 620, d.) 

6S4 



his xp ovlk V loropia, carried down the Olympic con« 
querors to 01. 262. 

In modern works much useful information on thfl 
Olympic games is given in Corsini's Dissert. Agon 
istica, and in Bockh's and Dissen's editions of Pin- 
dar. See also Meier's article on the Olympic games, 
and Rathgeber's articles on Olympia, Olympieion, 
and Olympischer Jupiter in Ersch and Gruber's En- 
cyclopddie. — Dissen, Ueber die Anordnung der Olym- 
pischen Spiele, in his Kleine Schriften, p. 185 ; and 
Krause, Olympia oder Darstellung der g~ossen Olym- 
pischen Spiele, Wien, 1838. 

In course of time, festivals were established in 
several Greek states in imitation of the one at 
Olympia, to which the same name was given. 
Some of these are only known to us by inscriptions 
and coins ; but others, as the Olympic festival at An- 
tioch, obtained great celebrity. After these Olym- 
pic festivals had been established in several places, 
the great Olympic festival is sometimes designated 
in inscriptions by the addition of " in Pisa," kv Uei- 
GTjJ- We subjoin from Krause an alphabetical list 
of these smaller Olympic festivals. They were cel- 
ebrated at 

Mg(z in Macedonia. This festival was in exist 
ence in the time of Alexander the Great. 2 

Alexandrea. 3 In later times the number of Alex- 
andrean conquerors in the great Olympic games was 
greater than from any other state. 

Anazarbus in Cilicia. This festival was not in- 
troduced till a late period. 4 

Antioch in Syria. This festival was celebrated at 
Daphne, a small place 40 stadia from Antioch, 
where there was a large sacred grove watered by 
many fountains. The festival was originally called 
Daphnea, and was sacred to Apollo and Artemis, 6 
but was called Olympia after the inhabitants of An- 
tioch had purchased from the Eleans, in A.D. 44, the 
privilege of celebrating Olympic games. It was not, 
however, regularly celebrated as an Oljr.67 xr fes- 
tival till the time of the Emperor Commodus. It 
commenced on the first day of the month Hyper- 
beretaeus (October), with which the year of Antioch 
began. It was under the presidency of an alytar- 
ches. The celebration of it was abolished by Justin, 
A.D. 521. The writings of Libanius, and of Chry- 
sostom, the Christian father, who lived many years 
at Antioch, give many particulars respecting this 
festival. 

Athens. There were two festivals of the name 
of Olympia celebrated at Athens, one of which was 
in existence in the time of Pindar, 6 who celebrates 
the ancestors of the Athenian Timodemus as con- 
querors in it, and perhaps much earlier. 7 It was 
celebrated to the honour of Zeus, in the spring, be- 
tween the great Dionysia and the Bendidia. 8 The 
other Olympic festival at Athens was instituted by 
Hadrian, A.D. 131, from which time a new Olym- 
pic sera commenced. 9 (Vid. Olympiad.) 

Attalia in Pamphylia. This festival is only known 
to us by coins. 10 

Cyzicus on the Propontis. 11 

Cyrene in Africa. 12 

Dium in Macedonia. These games were institu- 
ted by Archelaus, and lasted nine days, correspond- 
ing to the number of the nine Muses. They were 
celebrated with great splendour by Philip II. and 
Alexa nder the Great. 13 

1. (Compare Bockh, Inscr., n. 247, p. 361, 362, n. 1068, p. 
564.)_2. (Arrian, Anab., i., 11.)— 3. (Gruter, Inscr., p. cccxiv., 
n. 240.)— 4. (Eckhel, Doctr. Num., iii., p. 44.)— 5. (Strabo, xvi., 
p. 750. — Athen., v., p. 194.) — 6. (Pind., Nem., ii., 23, &c — 
Schol. ad.loc.)— 7. (Schol. ad Thuc, i.,126.)— 8. (Booh, In?cr., 
p. 53, p. 250-252.)— 9. (Corsini, Fast. Att., vol. ii., p. 105, J 10, 
&c— Spartian., Hadr., 13.)— 10. (Rathgeber, 1. c.,p. 326.)- 11. 
(Bockh, Inscr., n. 2810.)— 12. (Bockh, Explicat. Pind., p. 328.) 
—13. (Died., xvii., 16. — Dion Chrya., vol. i., p. 73, Reiske. 
Suidas, s. v. 'Avaijavopioijj.) 



ONOS. 



OPAi IA. 



Epherus. This festival appears by inscriptions, 
in which it is sometimes called 'ASpiava 'OXvpiria kv 
'Edtsacf), to have been instituted by Hadrian. 1 

Elis. Besides the great Olympic games, there 
appear to have been smaller ones celebrated yearly. 3 

Magnesia in Lydia. 3 

Neapolis* 

Nicaa in Bithynia. 5 

Nicopolis in Epirus. Augustus, after the con- 
quest of Antony off Actium, founded Nicopolis, and 
instituted games to be celebrated every five years 
(uyuv nevTsTTipiKog) in commemoration of his victo- 
ry. These games are sometimes called Olympic, 
but more frequently bear the name of Actia. They 
were sacred to Apollo, and were under the care of 
the Lacedaemonians. 6 (Vid. AKTIA.) 

Olympus in Thessaly, on the mountain of that 
name. 7 

Pergamos in Mysia. 8 

Side in Pamphylia. 9 

Smyrna. Pausanias 10 mentions an agon of the 
Smyrnaeans, which Corsini 11 supposes to be an 
Olympic festival. The Marmor Oxoniense express- 
ly mentions Olympia at Smyrna, and they also oc- 
cur in inscriptions. 12 

Tarsus in Cilicia. This festival is only knowD to 
us by coins. 13 

Tegca in Arcadia. 1 * 

Thessalonica in Macedonia. 18 

Thyatira in Lydia. 18 

Tralles in Lydia. 17 

Tyrus in Phoenicia. 18 

*OL'YRA (oXvpa). Didymus describes this as 
eldos (yxtpiiaroq irapaTc'kTjaLov Kpid^. " In fact," says 
Adams, " it can scarcely admit of a doubt that it 
was a variety of Spelt, namely, Triticum Spclta, 
L." 19 

♦OMPHAX (o/x<patj), a species of precious stone, 
most probably, according to Sir John Hill, the Beryl- 
<,us oleaginus of Pliny. Theophrastus informs us 
that it was one of the gems used for engraving 
seals. 20 

*ONFTIS (wtnf), a plant, which the scholiast on 
Nicander and Hesychius agree in identifying with 
the bpiyavov, or Sweet Marjoram, the Origanum 
ctiites, L. 21 

*ONOBRYCHIS (bv66pv X ie), the Onobrychis sa- 
tiva, called, in English, Cock's Head or Saintfoin. 22 

*ONOS (bvoc), the Ass, or Equus Asinus, L. 
"The wild Ass," says Adams, "is the Para of 
Scripture, and the bvaypoc. of the Greeks." " The 
domestic ass," says Smith, "supposed to be de- 
rived from the wild hymar of the Desert and the 
horse of Asia, enters at a remote period into the cir- 
cle of human economic establishments. The first- 
mentioned, as might be expected, resided in the 
same regions where the dawn of civilization first 
commenced, and, gifted with inferior powers of re- 
sistance, is presumed to have been subjugated sev- 
eral ages before the second, because we find it re- 
peatedly in the Pentateuch before the horse is no- 
ticed ; such as in the sacrifice of Abraham ; in his 
visits to Egypt, where he received presents from 
A.bimelech ; and in the spoils of Shechem, where 

1. (Bockh, Inscr., n. 2810.— Compare n. 2987, 3000.)— 2. (An- 
99. Gr., ed. Siebenk, p. 95.)— 3. (Rathgeber, 1. c, p. 326, 327.)— 
4. [Corsini, Diss. Agon., iv., 14, p. 103.)— 5. (Eustath. ad Dio- 
l?t. Peiieg., p. 172, 173, in Geogr. Min., ed. Bernhardy.)— 6. 
(S'.rabo, vii.,p. 325.)— 7. (Schol. ad Apoll., Rhod. Argon., i., 599.) 
— S. (Bdekh, Inscr., n. 2810. — Mionnet, ii., 610, n. 626.) — 9. 
(Rathgeber, p. 129.)— 10. (vi., 14, <) 1.)— 11. (Diss. Agon., i., 
12, p. 20.)— 12. (Gruter, Inscr., p. 314, 1.— Bockh, Inscr., ad n. 
1<20.)— 13. (Krause, p. 228.) — 14. (Bockh, Inscr., n. 1513, p. 
<00.)_ 15 (Kfause, p. 230.) — 16. (Rathgeber, p. 328.) — 17. 
f Krause, p. 233.)— 18. (Rathgeber, p. 328.)— 19. (Horn., II., viii., 
5fM).— Theophrast., H. P., viii., 1. — Dioscor., ii., 113 — Adams, 
Append., s. v.)— 20. (Hill ad Theophrast., De Lapid., c. 54.) — 
21. (Nicand., Alex., 1. 56 —Adams, Append., 8. v.)— 22. (Dios- 
cor., iii., 160.) ' " 



asses are numbered with other cattle, but horsea 
are not mentioned. Yet that noble animal, by na- 
ture provided with greater physical capabilities, with 
more intelligence, and more instinctive capacities 
for adapting his existence to the circumstances 
of domestication in every region, is, in his ser- 
vitude, grown larger, more adorned, more acute, 
and more educational than in a state of nature ; 
while the ass, in similar circumstances, has de- 
generated from his pristine character, becoming, 
even in the greater part of Persia, smaller in stat 
ure, less fleet, less intelligent, and, by his own im- 
pulses, less the associate of man. When the horse, 
from thorough domesticity, is again cast upon his 
own resources, he resumes his original independ- 
ence, provides for his own safety and that of the 
herd under his care, without altogether losing his 
acquired advantages ; the ass, on the contrary, al- 
though never a spontaneous associate in his domes- 
tication, is nowhere known to have again become 
wild, or to have sought his freedom with a spirit of 
persevering vigilance ; and in cases where, by acci- 
dent, he has found himself in freedom, he has made 
no energetic efforts to retain it, nor recovered qual- 
ities that restore him to the filiation of the hymar 
or the kulan. - When emancipated, he becomes, 
without effort, the prey of the lion, the tiger, the 
hyena, or the wolf, and in America he has been 
known to succumb under the beak of a condor. It 
is evident that the difference in the relative condi- 
tion of the two species is, with regard to the ass, 
not entirely referable to human neglect and want of 
kindness, but, in part at least, must be ascribed to 
inferior sensibility and weaker intellectual power, 
both being alike evinced by the hardness of his hide, 
by his satisfaction witr coarser food, and his passive 
stubbornness." 1 

*II. A species of fish, the same with the yadtj 
of Athenaeus, and probably the Bacchus of Pliny. 
The name would appear to have been applied to 
more than one species of the Gadus, but more es j 
pecially to the Gadus merluchius, or Hake. Adams 
considers it doubtful whether the Greeks were ac- 
quainted with the Gadus eglefinus, or Haddock. 2 

*ONOSMA (bvocfia, called also bvo/ua and bvofiic.), 
a plant, a species of Anchusa, or one of its conge- 
ners. Hardouin says of it, " Nihil aliud onosme 
esse censuerim prater Anchusam degenerem." Ste 
phens also holds it to be a species of Alkanet. 
Sprengel maintains that it is either the Anchusa un- 
dulata, or Lithospermum cceruleo-purpureum 3 

*ONYX, I. " In mineralogy the term onyx was 
applied, 1. To a semipellucid stone of a fine flinty 
texture, namely, the Onyx agate of Cleaveland : 
2. To a variety of gypseous alabaster, from which 
small vases were formed."* {Vid. Alabaster.) 

*II. A term used by Dioscorides, Galen, and the 
other writers on the Materia Medica, to signify thf 
operculum, or cover of the Strombus lentiginosus . 8 

OPA'LIA, a Roman festival in honour of Opis, 
which was celebrated on the 14th day before the 
Calends of January (Dec. 19th), being the third day 
of the Saturnalia, which was also originally cele- 
brated on the same day, when only one day Avas 
devoted to the latter festival. It was believed that 
Opis was the wife of Saturnus, and for this reason 
the festivals were celebrated at the same time.* 
The worshippers of Opis paid their vows sitting, and 
touched the earth on purpose, of which she was thfl 
goddess. 7 



1. (Smith, Horses. 1 *— 2. (Aristot., H. A., viii, 15.— Adams, 
Append., s. v.)— 3. (D.oscor., iii., 137.— Adams, Append., s. v.- 
Hardouin ad Plin., H. N., xxvii., 86.)— 4. (Adams, Append., s 
v.)— 5. (Adams, Append., s. v.)— 6. (Macrob., Sat., i., 12.- 
Varro, De Ling. Lat., vi., 22, ed. Mtiller.— Festus, * ». OpalV 
— 7. (Macrob., 1. c.) 

685 



OPERIS NOVI NUNTIATIO. 



OPSOJNiUM. 



*OP'ALUS (&na%og, bwdMiog), the Opal " The 
opalus of Pliny," observes Dr. Moore, " is, too well 
characterized, and its peculiar lustre or opalescence 
too accurately described by him, to leave any doubt 
that it was what we call precious Opal. Pliny is 
not the only one among the ancients, as Jameson 
supposed, who makes mention of this gem. The 
Orphic poem commends the "beauty of the b-KuXkiog, 
and evidently alludes to its other name iraidepog, in 
saying that it has the delicate complexion of a love- 
ly youth (Ifieprov repeva xP oa naidbg). This gem 
also, Pliny says, the Indians so w T ell imitated in 
glass, that the counterfeit could hardly be detected. 
The Opal was perhaps too highly valued to be fre- 
quently engraved. There are very few engraved 
specimens of this mineral preserved in collections. 
But that it sometimes was used as a ringstone, we 
learn from the story Pliny tells of a senator named 
Nonius, who, possessing an opal valued at 20,000 
sesterces, w r hich Antony coveted, was proscribed in 
consequence, and fled, saving of his whole fortune 
this ring alone." 1 

O'PERIS NOVI NUNTIA'TIO was a summary 
remedy provided by the edict against a person who 
was making an opus novum. An opus novum con- 
sisted in either adding something in the way of 
building (adificando), or taking away something so as 
to alter the appearance of a thing {fades operis). 
The object of the nuntiatio was either the mainte- 
nance of a right (jus), or to prevent damage (dam- 
num), or to protect the public interest (publicum jus). 
The owner of the. property which was threatened 
with damage by the opus novum, or he who had 
an easement (servitus) in such property, had the 
jus nunciandi. a Nuntiatio consisted in protesting 
against and forbidding the progress of the opus no- 
vum on the spot where the work was proceeding, 
and in the presence of the owner or of some person 
who was there present on his account. The nun- 
tiatio did not require any application to, or interfe- 
rence on the part of the praetor. It was a rule of 
law that the nuntiatio must take place before the 
work was completed : after it was completed, the 
operis novi nuntiatio had no effect, and redress 
could only be obtained by the interdict quod vi aut 
clam. 

If the opus novum consisted in building on the 
complainant's ground, or inserting or causing any- 
thing to project into his premises, it was better to 
apply at once to the praetor, or to prevent it per 
manum, that is, as it is explained " jactu lapilli," 
which was a symbol of the use of force for self- pro- 
tection. 

The edict declared that after a nuntiatio nothing 
should be done until the nuntiatio was declared ille- 
gal (nuntiatio missa or remissa fiat) or a security 
(satisdatio de opere restituendo) was given. If the 
person to whom the notice was given persevered, 
even if he had a right to do what he was doing, yet, 
as he was acting against the praetor's edict, he 
might be compelled to undo what he had done. By 
the nuntiatio, the parties were brought within the 
jurisdiction of the praetor. In cases where there 
was danger from the interruption of the work, or 
the person who was making the opus novum denied 
the right of the nuntians, he was allowed to go on 
upon giving a cautio or security for demolition or 
restoration, in case the law was against him. When 
the cautio w ; as given or the nuntians waived it, the 
party was entitled to an interdictum prohibitorium 
for his protection in prosecuting the work. 

The effect of the nuntiatio ceased when the cau- 
tio was given ; when the nuntians died, when he 
alienated the property in respect of which he 
claimed the jus nuntiandi, or when the praetor per- 



1. (Moore's Anc. Mineral., p 152.)— 2. (Dig. 43, tit. 25.) 
686 



mitted the work to go on (operis novi nuntiahyrtem 
.... remeisserit ; l ante remissam nuntiationem. 2 

*04>L2 0AAATT1O2 (btyig daMmac), a speciet 
of fish. "^Elian holds it to be the same as the 
Mvpoc. It is therefore, most probably, the Murana 
ophis, L. Rondelet says of it that it is very like 
the Conger Eel. Belon and Gesner both mention 
that it is seldom met with." 3 

*OPHrTES (bepirvg), according to some, a varie- 
ty of Serpentine. " Others, however, describe it, 
more accurately, as a mixture of reddish brown 
common serpentine, leek and pistachio green pre- 
cious serpentine, white granular foliated limestone, 
and small portions of diallage. Of the ophites there 
are three varieties specified by Dioscorides ; one 
black and heavy, a second ash-coloured and spot- 
ted, the third containing white lines. The first 
w T as perhaps green porphyry, the Ophites of Wal- 
ler ; the second steatite ; and the third the kind 
just described." 4 

OPFMA SPO'LIA. (Vid. Sfolia.) 

OPINATO'RES were officers under the Roman 
emperors, w r ho w r ere sent into the provinces to ob- 
tain provisions for the army. The provisions had 
to be supplied to them within a year. The ety- 
mology of the name is uncertain. 5 

OPISTOGRAPHI. (Vid. Liber.) 

*OPOBAL'SAMUM (biro6d'A<yafiov), the resinous 
juice of the Amyris Gileadensis. 

*OIT02 MHA'IKOS (bizbg Mndmoc), the same aa 
our asafoetida, namely, the Gum-resin of the Fe- 
rula Asa-fcetida. It is the Laser and Laserpitium 
of the Latins. The bnbg ^vpcaKog was merely a 
variety of it. 

O'PPIA LEX. (Vid. SUMTUARUE 1 EGES.) 

*OPSIA'NOS (bipiavoc). " From Pliny's account 
of this stone," observes Adams, "there is every 
reason to conclude that it was the same as the Ob- 
sidian of modern mineralogists. It is nearly allied 
to pumice, and consists mostly of silex and alu- 
mine. According to Sir J. Hill, it was named bipi- 
avog, utto rr}g bipeog, because, when polished, it was 
used as a looking-glass." He adds, "the true ori- 
gin of the name being forgotten from the false spell- 
ing of the word, after ages thought it had received 
it from one Obsidius, w T hom they imagined the first 
finder of it." 6 

OPSO'NIUM or OBSO'NIUM (fyov, dim. bfd 
piov ; bipfjfia,'' denoted everything which was eaten 
with bread. Among the ancients, loaves, at least 
preparations of corn, in some form or other, consti- 
tuted the principal substance of every meal. But 
together with this, which was the staff of their life, 
they partook of numerous articles of diet called op- 
sonia or pulmentaria, 6 designed also to give nutri- 
ment, but still more to add a relish to their food. 
Some of these articles were taken from the vege- 
table kingdom, but were much more pungent and 
savoury than bread, such as olives, either fresh or 
pickled, radishes, and sesamum. 9 Of animal food, 
by much the most common kind was fish, whence 
the terms under explanation were, in the course of 
time, used in a confined and special sense to de- 
note fish only, but fish variously prepared, and 
more especially salt fish, which was most exten- 
sively employed to give a relish to the vegetable 
diet either at breakfast 10 or at the principal meal. 11 
For the same reason, bipoQdyog meant a gourmand 
or epicure, and bxpoipayia gluttony. 18 

1. (Lex Gall. Cis., x.— Dig. 39, tit. 1, s. 22.)— 2. (Dig. 39, tit. 
1.)— 3. (Aristot., H. A., ii., 14.— JElian, N. A., xiv., 15.— Adams, 
Append., s. v.) — 4. (Moore's Anc. Mineralogy, p, 80.) — 5. (Cod. 
12, tit. 38, s. 11.— Cod. Theod., 7, tit. 4, s. 26 ; 11, tit. 7, s. 16.)— 
6. (Plin., H. N., xxxvii., 10.— Adams, Append., s. v.)— 7. (Pint., 
Sympos. Prob., iv., 1.)— 8. (Cato, De Re Rust., 58.— Hor., Sat., 
II., ii., 20.)— 9. (Plato, De Repub., ii., p. 85, ed. Bekker.— Xen., 
CEcon., viii., 9.) — 10. (Menander, p. 7<\ ed. Meineke ) -11 
(Plaut., Aubul., II., vi., 3.)— 12. (Athen . x., 24-37.) 



OPTIMATES. 



ORAC ITLUM. 



Of tbe different parts of fishes, the roe was tne 
most esteemed for this purpose. It is still prepared 
from the fish in the very same waters adjoining Myus 
in Ionia, which were given to Themistocles by the 
King of Persia. 1 A jar was found at Pompeii con- 
taining caviare made from the roe of the tunny. 2 

Some of the principal rapixelat, or establish- 
ments for curing fish, were on the southern coast 
of Spain ; 3 but the Greeks obtained their chief sup- 
ply from the Hellespont, 4 and more especially By- 
santium first rose into importance after its estab- 
lishment by the Milesians in consequence of the 
active prosecution of this branch of industry. Of 
all seas, the Euxine was accounted by the ancients 
the most abundant in fish, and the catching of them 
was aided by their migratory habits, as in the au- 
tumn they passed through the Bosporus towards the 
south, and in spring returned to the Euxine in order 
to deposite their spawn in its tributary rivers. At 
these two seasons they were caught in the great- 
est quantity, and, having been cured, were shipped 
in Milesian bottoms, and sent to all parts of Greece 
and the Levant. The principal ports on the Eux- 
ine engaged in this traffic were Sinope and Panti- 
capaeum. 6 

Among the fish used for curing were different 
kinds of sturgeon (uvranaiog 6 ), tunny (oKOfidpoe. 1 ', 
scomber, 7rTj2.afj.vc, a name still in use, with some 
modification, among the descendants of the ancient 
Phocaeans at Marseilles 8 ), and mullet. A minute 
discussion of their qualities, illustrated by quota- 
tions, may be seen in Athenaeus. 9 

Plato mentions the practice of salting eggs, 
which was no doubt intended to convert them into 
a kind of opsonium. 10 The treatise of Apicius, De 
Opsonas, is still extant in ten books. 

The Athenians were in the habit of going to mar- 
ket (elg Tovtpov) themselves in order to purchase 
their opsonia {bipcovslv, 11 opsonare). (Vid. Macel- 
lum, Tintinnabulum.) But the opulent Romans 
had a slave, called opsonator (bipuvr/c_), whose office 
it was to purchase for his master. It was his duty, 
by learning what flavours were most acceptable to 
him, by observing what most delighted his eyes, 
stimulated his appetite, and even overcame his nau- 
sea, to satisfy, as much as possible, all the cravings 
of a luxurious palate. 12 We may also infer, from 
an epigram of Martial, 13 that there were opsonalores, 
or purveyors, who furnished dinners and other en- 
tertainments at so much per head, according to the 
means and wishes of their employers. Spon 14 has 
published two inscriptions from monuments raised 
to the memory of Romans who held the office of 
purveyors to the imperial family. At Athens both 
the sale and the use of all kinds of opsonia were 
superintended by two or three special officers, ap- 
pointed by the senate, and called bipovopoi. 1 * 

OPTIO. (Vid. Centurio.) 

OPTIMA'TES is synonymous with optimi, and, 
accordingly, signifies the best men in the state, 
whether of noble or plebeian origin. But at Rome, 
where the reverence for the mores et instituta ma- 
jorum formed such a prominent feature of the na- 
tional character, the name optimates was applied 
to a political party, which we may call the conser- 
vative or aristocratic party, in contradistinction to 
the popular party, with its desire for change and 

1. (Thucyd., i., 138.— Cornelius Nepos, Them., x., 3.— Diod. 
Sic, xi., 57.) —2. (Gell, Pompeiana, 1832, vol. i., p. 178.) — 3. 
(Stmbo, iii., 4.) — 4. (Herniippus ap. Athen., i., 49, p. 27, c.) 
—4. vHegewisch, Colomeen der Griechen, p. 80.)— 6. (Herod., 
iv., 53.— Schneider, Eel. Phys., i., p. 65 ; ii., p. 48.)— 7. (Hermip- 
pus, 1. c.)— 8. (Passow, Handworterbuch, s. v.)— 9. (iii., 84-93.) 
-10. (Symp., p. 404, ed. Bekker )— 11. (Theophrast., Char., 28.) 
—12. (Sen., Epist., 47. — Compare Hor., Sat., 1., ii., 9 ; II., vii., 
lOfv— Plaut., Menaech., II., fa., 1. —Id., Mil., III., ii., 73.)— 13. 
(xiv., 217.) — 14. fMisc. Erud. Ant., p. 214.) — 15. (Athen., vi., 



improvement. As long as the patricians and ple- 
beians were the only two parties in the Republic, 
there was no occasion for the appellation of opti 
mates, though Livy, 1 applying expressions very 
common in his own days, makes M. Horatius Bar- 
batus distinguish between populares and optimates 
instead of between patricians and plebeians. But 
at the time when a new nobility, consisting of 
wealthy plebeians as well as patricians, had been 
formed, and occupied the place formerly held by 
the patricians, the term optimates began to be ap 
plied frequently to persons belonging to this new 
order of nobiles, and mostly comprehended the or 
do senatorius and the ordo equestris. When, at a 
still later period, the interests of the senators and 
equites became separated, the name optimates was 
used in a narrower sense, and only comprised the 
party consisting of the senate and its champions, 
in opposition to the popular party, which was now 
sometimes designated by the name of plebs. 8 There 
is a locus classicus on optimates in Cicero, 3 but in 
defining the classes of persons to which he applies 
the term optimates, he rather follows the etymolo- 
gical than the conventional meaning which the 
word had assumed in his days. His object in so 
doing was to remove from the party of the optima- 
tes, to which he himself belonged, the odium at- 
tached to it by the popular party. 4 

ORA'CULUM (fiavTelov, xpr\aTripiov) was used by 
the ancients to designate both the revelations made 
by the deity to man, as well as the place in which 
such revelations were made. The deity was in 
none of these places believed to appear in person to 
man, and to communicate to him his will or knowl- 
edge of the future, but all oracular revelations were 
made through some kind of medium, which, as we 
shall see hereafter, was different in the different 
places where oracles existed. It may, on first 
sight, seem strange, that there were, comparatively 
speaking, so few oracles of Zeus, the father and 
ruler of gods and men. But although, according 
to the belief of the ancients, Zeus himself was the 
first source of all oracular revelations, yet he was 
too far above men to enter with them into any close 
relation ; other gods, therefore, especially Apol- 
lo, and even heroes, acted as mediators between 
Zeus and men, and were, as it were, the organs 
through which he communicated his will. 5 The 
fact that the ancients consulted the will of the gods 
on all important occasions of public and private 
life, arose partly from the general desire of men to 
know the issue of what they are going to under- 
take, and partly from the great reverence for the 
gods, so peculiar to the ancients, by which they 
were led not to undertake anything of importance 
without their sanction ; for it should be borne in 
mind that an oracle was not merely a revelation 
to satisfy the curiosity of man, but, at the same 
time, a sanction or authorization by the deity of 
what man was intending to do or not to do. We 
subjoin a list of the Greek oracles, classed accord- 
ing to the deities to whom they belonged. 

I. Oracles of Apollo. 

1. The Oracle of Delphi was the most celebrated 
of all the oracles of Apollo. Its ancient name was 
Pytho, which is either of the same root as nvQia- 
6ac, to consult, or, according to £he Homeric hymn 
on Apollo, 6 derived from nvdeodai, to putrefy, with 
reference to the nature of the locality. Respecting 
the topography of the Temple of Apollo, see Pausa- 
nias 7 andMiiller. 8 In the innermost sanctuary (the 
uSvtov or fiiyapov) there was the statue of Apollo, 

1. (iii., 39.)— 2. (Tacit., Annal., iv.,32.)— 3. (Pro Sext., 45.) 
—4. (Compare Cic. ad Att., i., 17, 18, 19.)— 5. (Soph., (Ed. Col. 
629.— jEsch., Eumen., 19, 611, &c.)— 6. (185 &c.)— 7. (».. 14 
t) 7.)— 8. (In Dissen's Pindar, ii., p. 628.) 

687 



0RACULU1V1. 



ORACULUM. 



which was, at least in later times, of gold ; and 
before it there burned upon an altar an eternal fire, 
which was fed only with fir- wood. 1 The inner 
roof of the temple was covered all over with laurel 
garlands, 2 and upon the altar laurel was burned as 
incense. In the centre of this temple there was a 
small opening {^aay.a) in the ground, from which, 
from time to time, an intoxicating smoke arose, 
ivhich was believed to come from the well of Cas- 
jotis, which vanished into the ground close by the 
janctuary. 3 Over this chasm there stood a high tri- 
.(Od, on which the pythia, led into the temple by the 
[.Tophetes (irpocpT/TTjg), took her seat whenever the 
oracle was to be consulted. The smoke rising 
from under the tripod affected her brain in such a 
manner that she fell into a state of delirious intox- 
ication, and the sounds which she uttered in this 
state were believed to contain the revelations of 
Apollo. These sounds were carefully written down 
by the prophetes, and afterward communicated to 
the persons who had come to consult the oracle.* 

The pythia (the n pouring) was always a native 
of Delphi, 5 and when she had once entered the ser- 
vice of the god she never left it, and was never al- 
lowed to marry. In early times she was always a 
young girl, but after one had been seduced by 
Echecrates the Thessalian, the Delphians made a 
law that in future no one should be elected as proph- 
etes who had not attained the age of fifty years, 
but, in remembrance of former days, the old woman 
was always dressed as a maiden. 6 The pythia was 
generally taken from some family of poor country- 
people. At first there was only one pythia at a 
time ; but when Greece was in its most flourishing 
state, and when the number of those who came to 
consult the oracle was very great, there were al- 
ways two pythias, who took their seat on the tripod 
alternately, and a third was kept in readiness in 
case some accident should happen to either of the 
two others. 7 The effect of the smoke on the whole 
mental and physical constitution is said to have 
sometimes been so great, that in her delirium she 
leaped from the tripod, was thrown into convulsions, 
and after a few days died. 8 

At first oracles were only given once every year, 
on the seventh of the month of Bysius (probably 
the same as Uvdtoe, or the month for consulting), 
which was believed to be the birthday of Apollo ; 9 
but as this one day, in the course of time, was not 
found sufficient, certain days in every month were 
set apart for the purpose. 10 The order in which the 
persons who came to consult were admitted was 
determined by lot ; u but the Delphian magistrates 
had the power of granting the right of Trpo/xavrela, 
i. e., the right of consulting first, and without their 
order being determined by lot, to such individuals 
or states as had acquired claims on the gratitude of 
the Delphians, or whose political ascendency seemed 
togive them higher claims than others. Such was 
the case with Croesus and the Lydians, 12 with the 
Lacedaemonians, 13 and Philip of Macedonia. 14 It ap- 
pears that those who consulted the oracle had to 
pay a certain fee, for Herodotus states that th"e 
Lydians were honoured with areleia by the Delphi- 
ans. The pythia always spent three days before 
she ascended the tripod in preparing herself for the 
solemn act, and during this time she fasted, and 
bathed in the Castalian well, and dressed in a sim- 
ple manner ; she also burned in the temple laurel 

1 . ( JEsch.,Choeph.,1036.— Plut., De E I ap. Delph.)— 2. (^Esch., 
Eamen., 39.) — 3. (Paus., x., 24, $ 5.) — 4. (Diodor,, xvi., 26.— 
Strabo, ix., 3, p. 277, &c, Tauchnitz.— Plut., De Orac. Defec.)— 
5. (Eurip., Ion, 92.) —6. (Diod., 1. c.) —7. (Plut., Quaest. Gr., 
c. 9.) — 8. (Plut., De Orac. Defec, c. 51.) — 9. (Plut., Quaest. 
Gr., c. 9.)— 10. (Plut., Alex., 14.) — 11. (^Esch., Eumen., 32.— 
Eurip., Ion, 422.)— 12. (Herod., i., 54.)— 13. (Plut., Per., 21.) — 
14. (Demosth., c. Phil., iii., p. 119 ) 
688 



leaves and flour of barley upon the altar of the god. 1 
Those who consulted the oracle had to sacrifice a 
goat, or an ox, or a sheep, and it was necessary 
that these victims should be healthy in body and 
soul, and to ascertain this they had to undergo a pe- 
culiar scrutiny. An ox received barley, and a sheep 
chick-pease, to see whether they ate them with ap- 
petite ; water was poured over the goats, and if 
this put them into a thorough tremble, the victim 
was good. 2 The victim which was thus found ele- 
gible was called oauoTfjp. 3 Wachsmuth* states that 
all who came to consult the oracle wore laurel gar- 
lands surrounded with ribands of wool, but the 
passages from which this opinion is derived only 
speak of such persons as came to the temple as sup 
pliants. 5 

The Delphians, or, more properly speaking, the 
noble families of Delphi, had the superintendence 
of the oracle. Among the Delphian aristocracy, 
however, there were five families which traced 
their origin to Deucalion, and from each of these 
one of the five priests, called baioi, was taken. 6 
Three of the names of these families only are 
known, viz., the Cleomantids, the Thracids, 7 and 
the Laphriads. 8 

The omoi, together with the highpriest or prophe- 
tes, held their offices for life, and had the control of 
all the affairs of the sanctuary and of the sacrifices.* 
That these noble families had an immense influence 
upon the oracle is manifest from numerous instan- 
ces, and it is not improbable that they were its very 
soul, and that it was they who dictated the pretend- 
ed revelations of the god. 10 

Most of the oracular answers which are extant 
are in hexameters, and in the Ionic dialect. Some- 
times, however, Doric forms also were used. 11 The 
hexameter was, according to some accounts, in- 
vented by Phemonoe, the first pythia. This metri- 
cal form 'was chosen, partly because the words of 
the god were thus rendered more venerable, and 
partly because it was easier to remember verse than 
prose. 12 Some of the oracular verses had metrical 
defects, which the faithful among the Greeks ac- 
counted for in an ingenious manner. 13 In the times 
of Theopompus, however, the custom of giving the 
oracles in verse seems to have gradually ceased ; 
they were henceforth generally in prose, and in the 
Doric dialect spoken at Delphi. For, when the 
Greek states had lost their political liberty, there 
was little or no occasion to consult the oracle on 
matters of a national or political nature, and the 
affairs of ordinary life, such as the sale of slaves, 
the cultivation of a field, marriages, voyages, loans 
of money, and the like, on which the oracle was 
then mostly consulted, were little calculated to be 
spoken of in lofty poetical strains. 14 When the ora- 
cle of Delphi lost its importance in the eyes of the 
ancients, the number of persons who consulted it 
materially decreased, and in the days of Plutarch 
one pythia was, as of old, sufficient to do all the 
work, and oracles were only given on one day in 
every month. 

The divine agency in Pytho is said to have first 
been discovered by shepherds who tended their 
flocks in the neighbourhood of the chasm, and whose 
sheep, when approaching the place, were seized 
with convulsions. 18 Persons who came near the 



1. (Schol. ad Eurip.. Phcen., 230— Plut., De Pyth. Or., c. 6.) 
— 2. (Plut., De Or. Def., 49.) — 3. (Pint., Quaest. Gr., i.) — 4. 
(Hellen. Alt., ii., 2, p. 264.) — 5. (Herod., vii., 14. — ^Esch.. 
Choeph., 1035.)— 6. (Eurip., Ion, 411.— Plut., Quaest. Gr., c. 9.J 
—7. (Diod., xvi., 24.— Lycurg-., c. Leocrat., p. 158.) — 8. (He- 
sych., s. v.) — 9. (Herod., viii., 136.) — 10. (Vid. especially Ly- 
curg., c. Leocrat., p. 158. — Herod., vii., 141 ; vi., 66. — Plut., 
Pericl.j 21— Eurip., Ion, 1219, 1222, 1110.)— 11. (Herod., iv., 
157, 159.)— 12. (Plut., De Pyth. Or., 13.)— 13. (Plut., 1. c, c 
5.)— 14. (Plut., De Pyth. Or., 28.)— If (Diod., xvi., 28.~?}u^ 
De Defect. Or., c. 42.) 






ORACULUM. 



ORACULUM. 



place showed the same symptoms, and received the 
power of prophecy. This, at last, induced the peo- 
ple to build a temple over the sacred spot. Accord- 
ing to the Homeric hymn on Apollo, this god was 
himself the founder of the Delphic oracle, but the 
local legends of Delphi stated that originally it was 
in the possession of other deities, such as Gaea, 
Themis, Phoebe, Poseidon, Night, Cronos, and that 
it was given to Apollo as a present. 1 Other tra- 
ditions, again, and these, perhaps, the most ancient 
and genuine, represented Apollo as having gained 
possession of the oracle by a struggle, which is 
generally described as a fight with Python, a drag- 
on, who guarded the oracle of Gaea or Themis. 

The oracle of Delphi, during its best period, was 
believed to give its answers and advice to every 
one who came with a pure heart, and had no evil 
designs : if he had committed a crime, the answer 
was refused until he had atoned for it ; 2 and he who 
consulted the god for bad purposes was sure to ac- 
celerate his own ruin. 3 No religious institution in 
all antiquity obtained such a paramount influence, 
not only in Greece, but in all countries around the 
Mediterranean, in all matters of importance, wheth- 
er relating to religion or to politics, to private or to 
public life, as the oracle of Delphi. When consult- 
ed on a subject of a religious nature, the answer 
was invariably of a kind calculated not only to pro- 
tect and preserve religious institutions, but to com- 
mand new ones to be established,* so that it was 
Ihe preserver and promoter of religion throughout 
the ancient world. Colonies were seldom or never 
founded without having obtained the advice and the 
directions of the Delphic god. 5 Hence the oracle 
was consulted in all disputes between a colony and 
its metropolis, as well as in cases where several 
states claimed to be the metropolis of a colony.' 
The Delphic oracle had at all times a leaning in 
favour of the Greeks of the Doric race, but the time 
when it began to lose its influence must be dated 
from the period when Athens and Sparta entered 
upon their struggle for the supremacy in Greece ; 
at this time the partiality for Sparta became so man- 
ifest, that the Athenians and their party began to 
lose all reverence and esteem for it, 7 and the oracle 
became a mere instrument in the hands of a polit- 
ical party. In the times of Cicero and Plutarch, 
many believed that the oracle had lost the powers 
which it had possessed in former days, but it still 
continued to be consulted down to the times of the 
Emperor Julian, until at last it was entirely done 
away with by Theodosius. 

Notwithstanding the general obscurity and ambi- 
guity of most of the oracles given at Delphi, there 
are many, also, which convey so clear and distinct 
a meaning, that they could not possibly be misun- 
derstood, so that a wise agency at the bottom of 
the oracles cannot be denied. The manner in which 
this agency has been explained at different times, 
varies greatly according to the spirit of the age. 
During the best period of their history, the Greeks, 
generally speaking, had undoubtedly a sincere faith 
in the oracle, its counsels and directions. When 
the sphere in which it had most benefited Greece 
became narrowed and confined to matters of a pri- 
vate nature, the oracle could no longer command 
the veneration with which it had been looked upon 
before. The pious and believing heathens, how- 
3ver, thought that the god no longer bestowed his 
care upon the oracle, and that he was beginning to 
withdraw from it ; w hile freethinkers and unbeliev- 

1. (jEsch., Eumen., 3, &c. — Compare Paus., x., 5. — Ovid, 
Met., i., 321 .— Alburn, ad Pind., Pyth — Tzetzcs, Lycoph., 202.) 
—2. (Herod., i., 19, 22.)— 3. (Herod., iv., 86.— Paus., ii., 18, t> 
••)— 4. (Demosth., c. Meid., 15.— Herod., v., 82 ; i , 165, <fcc.)— 
b. (Ctc., De Div., i., 1.)— 6. (Thucyd., i., 25, 28.— Di"d , xv., 
lt.1-7. (Plut., Demosth., 20.) 
4S 



ers looked upon the oracle as a skilful contrivance 
of priestcraft which had then outgrown itself. This 
latter opinion has also been adopted by many mod- 
ern writers. The early Christian writers, seeing 
that some extraordinary power must in several 
cases have been at work, represented it as an insti- 
tution of the evil spirit. In modern times opinions 
are very much divided. Hiillmann, for example, 
has endeavoured to show that the oracle of Delphi 
was entirely managed and conducted by the aristo- 
cratic families of Delphi, which thus are described 
as forming a sort of hierarchical senate for all 
Greece. If so, the Delphic senate surely was the 
wisest of all in the history of the ancient world. 
Klausen, on the other hand, seems to be inclined to 
allow some truly divine influence, and, at all events, 
thinks that, even in so far as it was merely man- 
aged by men, it acted in most cases according to 
lofty and pure moral principles. 

The modern literature on the Delphic oracle ia 
very rich ; the most important works are : C. F. 
Wilster, De Rcligione et Oraculo Apollinis Delphici, 
Hafniae, 1827. — H. Piotrowski, De Gravitate Oraculi 
Delphici, Lipsiae, 1829. — R. H. Klausen, in Ersch 
und Grubefs Encyclop'ddie, s. v. Orakel. — K. D. 
Hiillmann, Wurdigung des Dclphischcn Orakcls, Bonn, 
1837. — W. Gbtte, Das Delphische Orakel, in seinem 
politischen, religiosen und sittlichen Einjluss auf die 
alte Welt, Leipzig, 1839. 

2. Oracle at Aba, in Phocis. An oracle was be- 
lieved to have existed here from very early times, 1 
and was held in high esteem by the Phocians.' 
Some years before the Persian invasion, the Pho- 
cians gained a victory over the Thessalians, in which 
they obtained, among other spoils, four thousand 
shields, half of which they dedicated in the Temple 
of Apollo at Abae, and half in that of Delphi. 3 The 
oracle was, like many others, consulted by Croesus, 
but he does not seem to have found it agreeing 
with his wishes * In the Persian invasion of Xerxes 
the Temple of Abae was burned down, and, like sev- 
eral temples destroyed in this invasion, it was 
never rebuilt. The oracle itself, however, remained, 
and before the battle of Leuctra it promised victory 
to the Thebans ; but in the Phocian or sacred war, 
when some Phocian fugitives had taken refuge in 
the ruins, they were entirely destroyed by the The- 
bans. 5 But even after this calamity the oracle 
seems to have been consulted, for the Romans, 
from reverence for the oracle, allowed the inhabi- 
ants of Abae to govern themselves. Hadrian built 
a small temple by the side of the old one, some 
walls of which were still standing as ruins in the 
time of Pausanias. 6 

3. Oracle on the Hill of Ptoon, in the territory of 
Thebes. The oracle was here given through the 
medium of a man called Trpofiavrtc, and the first 
promantis was said to have been Teneros, a son of 
Apollo. 7 The oracles were usually given in the 
^Eolian dialect ; but when Mys, the Carian, consult 
ed the god, the answer was given in the Carian 
language, 9 so that, instead of the three Thebans 
who generally wrote down the oracles, the Carian 
was obliged to do it himself. 8 When Alexander 
the Great destroyed Thebes, the oracle also pei 
ished. 10 In the time of Plutarch the whole district 
was completely desolate. 11 

4. Oracle of Apollo at Ismenion, in Beeotia, south 
of Thebes. The Temple of Apollo Ismenios was 
the national sanctuary of the Thebans. The oracle 
was here not given by inspiration, as in other places, 

1. (Paus., x., 35, $ 2.)— 2. (Soph., CEd. Tyr., 899,-Herod., 
viii., 33.)— 3. (Herod., viii., 27.)— 4. (Herod., i., 46.)— 5. (Paui„ 
1. c.)— 6. (x., 35, t) 2, 3.)— 7. (Strab., ix., 2, p. 267, Tauchnitz.- 
Paus., ix., 33, $ 3.)— 8. (Pauu., 1. c.)— 9. (Herod., viii., 135.)— 
10. (Paus., ix., 33, $ 3.)— 11. (De Orac. Defer;., c. 8.) 

089 



ORACULUM. 



ORACULUM. 



but from the inspection of the victims. 1 On one 
occasion it gave its prophecy from a huge cobweb 
in the Temple of Demeter. 2 

•5. Oracle of Apollo at Hy sice, on the frontiers of 
Attica. This place contained an oracle of Apollo 
with a sacred well, from which those drank who 
wished to become inspired. In the time of Pausa- 
nias the oracle had become extinct. 3 

6. Oracle of Apollo at Tcgyra, was an ancient and 
much-frequented oracle, which was conducted by 
prophets. The Pythia herself, on one occasion, de- 
clared this to be the birthplace of Apollo. In the 
time of Plutarch the whole district was a wilder- 
ness.* 

7. Oracle of Apollo in the village of Eutresis, in 
the neighbourhood of Leuctra. 5 This oracle became 
extinct during the Macedonian period. 6 

8. Oracle of Apollo at Orobicz, in Euboea. Apollo 
here bore the surname of the Selinuntian. 7 

9. Oracle of Apollo in the Lyceum at Argos. The 
oracle was here given by a prophetess. 8 

10. Oracle of Apollo Deiradiotes, on the acropolis 
of Larissa. The oracle was given by a prophetess, 
who was obliged to abstain from matrimonial con- 
nexions once in every month. She was believed to 
become inspired by tasting of the blood of a lamb 
which was sacrificed during the night. This oracle 
continued to be consulted in the days of Pausanias. 9 

11. Oracle of Apollo at Didyma, usually called the 
oracle of the Branchidae, in the the territory of Mi- 
letus. This was the oracle most generally consulted 
by the Ionians and iEolians. 10 The temple, how- 
ever, was said to have been founded previously to 
the arrival of the Ionians on the coast of Asia, 11 and 
the altar was said to have been built by Heracles, 
end the temple by Branchos, a son of Apollo, who 
ihad come from Delphi as a purifying priest. 12 Hence 

his oracle, like that of Delphi, combined purifying 
or atoning rites with the practice of prophesying. 13 
The real antiquity of the oracle, however, cannot 
be traced farther back than the latter half of the 7th 
century before our asra. 14 The priests, called Bran- 
chidae, who had the whole administration of the 
oracle, were said to be the descendants of Branchos. 
The high-priest bore the name of Stephanephorus. 
Among them was one family which possessed the 
hereditary gift of prophecy, and was called the fam- 
ily of the Euangelidae. 15 The oracle was under the 
especial management of a prophet, whose office did 
not last for life. The oracles were probably in- 
spired in a manner similar to that at Delphi. 1 * 
Croesus made to this oracle as munificent presents 
as to that of Delphi. 17 The principles which it fol- 
lowed in its counsels and directions were also the 
same as those followed by the Delphians. The 
Persians burned and plundered the temple, as had 
been predicted by the pythia of Delphi, 18 but it was 
soon restored, and adorned with a fine brazen stat- 
ue of Apollo, 19 which Xerxes, on his retreat, carried 
with him to Ecbatana. A part of the Branchidae 
had surrendered to Xerxes the treasures of the 
temple, and were, at their own request, transplanted 
to Bactriana, 20 where their descendants are said to 
have been severely punished by Alexander for their 
treachery. 21 Seleucus sent the statue of Apollo back 
to Didyma, because the oracle had saluted him as 



1. (Herod., viii., 134.) — 2. (Diod., xvii., 10. — Compare Paus., 
ix., 10, I) 2, &c.)— 3. (Paus., ix., 2, f) 1.)— 4. (Plut., De Orac. 
Def., c. 8.— Pelop., 16.— Steph. Byz., s. v. Tiyvfta.)— 5. (Steph. 
Byz., s. v. EiVp?7<n?. — Eustath. ad IL, ii., 502.)— 6. (Plut., De 
Orac. Defec, c. 5.)— 7. (Strab., x., 1, p. 320, ed. Tauchnitz.)— 8. 
(Plut., Pyrrh,, 31.)-9. (ii., 24, Q l.)-10. (Herod., i., 158.)— 11. 
(Paus., vii., 2, t) 4.)— 12. (Paus., v., 13, $ 6.— Strab., xiv., 1, p. 
165.)— 13. (Muller,.Dor., ii., 2, $ 6.)— 14. (Soldan, p. 553, &c.) 
—15. (Conon, 44.)— 16. (Paus., v., 7, $ 3.)— 17. (Herod., i., 46, 
Ac.)— 18. (Herod., vi., 19.)— 19. (Paus., ii., 10, 4 4 ; ix., 10, t> 2. 
—Compare Miiller. Arch«ol. der Kunst, $ 86.)— 20. (Strabo, 1. c.) 
— «. (Curt., vii., 5.) 
690 



king. 1 The oracle continued to be consulted after 
the faithlessness of its ministers. Some ruins of 
the temple at Didyma are still extant. 2 

12. Oracle of Apollo at Clams, in the territory of 
Colophon. It was said to have been founded by 
Cretans under Rhacius, previous to the settlement 
of the Ionians in Asia Minor. The early legenda 
put this oracle in connexion with Delphi, from 
whence Manto, the daughter of Teiresias, came to 
Claros, married Rhacius, and gave birth to Mopsos, 
from whom the prophets of Claros were probably 
believed to be descended. 3 This oracle was of 
great celebrity, and continued to be consulted even 
at the time of the Roman emperors. 4 The oracles 
were given through an inspired prophet, who was 
taken from certain Milesian families. He was gen- 
erally a man without any refined education, had 
only the names and the number of the persons who 
consulted the oracle stated to him, and then de 
scended into a cavern, drank of the water from a 
secret well, and afterward pronounced the oracle in 
verse. 5 

13. Oracle of Apollo at Grynea, in the territory 01 
the Myrinaeans. 6 

14. Oracle of Apollo Gonnapczus, in Lesbos. 7 

15. Oracle of Apollo at Abdera. 6 

16. Oracle of Apollo in Delos, which was only con- 
sulted in summer. 9 

17. Oracle of Apollo at Patara, in Lycia, was only 
consulted in winter. The prophetess (irpdfzavTis} 
spent a night in the temple to wait for the commu- 
nications which the god might make to her. 10 

18. Oracle of Apollo at Telmessus. The priests ol 
this institution did not give their answers by inspi- 
ration, but occupied themselves chiefly with the in 
terpretation of dreams, whence Herodotus 11 calls 
them k^nynrai. But they also interpreted other mar- 
vellous occurrences. Near Telmessus there was 
another oracle of Apollo, where those who consulted 
it had to look into a well, which showed them iz. aa 
image the answer to their questions. 12 

19. Oracle of Apollo at Mallos, in Cilicia. 13 

20. Oracle of the Sarpedonian Apollo, in Cilicia. '• 

21. Oracle of Apollo at Hybla, in Caria.' 5 

22. Oracle of Apollo at Hiera Kome, on the Maean 
der, a celebrated oracle, which spoke in good ver- 



ses 



16 



II. Oracles of Zeus. 



1. Oracle of Zeus at Olympia. In this, as in the 
other oracles of Zeus, the god did not reveal him- 
self by inspiration, as Apollo did in almost all of his 
oracles, but he merely sent signs which men had to 
interpret. Those who came to consult the oracle 
of Olympia offered a victim, and the priest gave his 
answers from the nature of the several parts of the 
victim, or from accidental circumstances accompa- 
nying the sacrifice. 17 The prophets or interpreters 
here belonged to the family of the Iamids. In early 
times the oracle was much resorted to, and Sopho- 
cles 18 mentions it along with the most celebrated or- 
acles ; but in later times it was almost entirely neg- 
lected, probably because oracles from the inspection 

1. (Paus., i., 16,$ 3.— Diod., ix., 90.)— 2. (Compare the com- 
mentators on Herod., i., 92.— Suid., s. v. BpayxiSac— Droysfct, 
Gesch. Alex, des Grossen, p. 307 ; and an excellent essay by 
W. G. Soldan, Das Orakel der Branchiden, in Zimmermanu's 
Zeitschrift fur die Alterthumswiss., 1841, No, 66, &c.)— 3. 
(Paus., vii., 3, $ 1, 2.)— 4. (Paus., vii., 5, t> 1, &c— Strabo, xiv., 
1, p. 178, Tauch— Tacit., Annal., xii., 22.)— 5. (Tacit., Annal., 
ii., 54.)— 6. (Hecat., Fragm., 211.)— 7. (Schol., Aristoph. Nub., 
145.)— 8. (Pindar ap. Tzetzes, Lycophr., 445.) — 9. (Callim., 
Hymn, in Del., i— Serv. ad Virg-, JEn., iv , 143.)— 10. (Herod., 
i., 182.— Serv. ad Virg-., iln., iv , 143.)— 11. (i., 78. — Compare 
Cic, De Div., i., 41.— Arrian, ii., 3.)— 12. (Paus., vii., 2] , t> 6.)— 
13. (Strabo, xiv., 5, p. 23], &c— Arrian, ii., 5.) — 14. (Diodor., 
Exc, xxxviii., 12.)— 15. (Athen.,xv.,p.672.)— 16. (Liv., xxxviii , 
13.— Steph. Byz., s. v.)— 17. (Herod., viii., 134. — Strabo, viii.. 
3, p. 171.)— 18. ((Ed. Tyr., 900.) 



JflACULUM. 



OKACULUM. 



af victims might be obtained anywhere. The spot 
where the oracles were given at Olympia was be- 
fore the altar of Zeus. 1 It was especially those 
who intended to take part in the Olympic games 
that consulted the oracle about their success, 3 but 
other subjects were also brought before it. 

2. Oracle of Zeus at Dodona. Here the oracle 
was given from sounds produced by the wind. The 
sanctuary was situated on an eminence. 3 Although 
in a barbarous country, the oracle was in close con- 
nexion wicn Greece, and in the earliest times appa- 
rently much more so than afterward.* Zeus him- 
self, as well as the Dodonaeans, were reckoned 
among the Pelasgians, which is a proof of the ante- 
Hellenic existence of the worship of Zeus in these 
parts, and perhaps of the oracle also. 5 The oracle 
was given from lofty oaks covered with foliage, 6 
whence JEschylus 7 mentions the speaking oaks of 
Dodona as great wonders. Beech-trees, however, 
are also mentioned in connexion with the Dodonaean 
oracle, which, as Hesiod 8 said, dwelled in the stem 
of a beech-tree. Hence we may infer that the ora- 
cle was not thought to dwell in any particular or 
single tree, but in a grove of oaks and beeches. 
The will of the god was made manifest by the rust- 
ling of the wind through the leaves of the trees, 
which are therefore represented as eloquent tongues. 
In order to render the sounds produced by the winds 
more distinct, brazen vessels were suspended on the 
branches of the trees, which, being moved by the 
wind, came in contact with one another, and thus 
sounded till they were stopped. 9 Another mode of 
producing the sounds was this : There were two 
columns at Dodona, one of which bore a metal ba- 
sin, and the other a boy with a scourge in his hand ; 
the ends of the scourge consisted of little bones, 
and, as they were moved by the wind, they knocked 
against the metal basin on the other column. 10 Ac- 
cording to other accounts, oracles were also obtain- 
ed at Dodona through pigeons, which, sitting upon 
oak-trees, pronounced the will of Zeus. 11 The 
sounds were in early times interpreted by men, 12 
but afterward, when the worship of Dione became 
connected with that of Zeus, by two or three old 
women, who were called ireleladec or ?r£2.aiai, be- 
cause pigeons were said to have brought the com- 
mand to found the oracle. 13 In the time of Herodo- 
tus, 1 * the names of the three prophetesses were 
Promeneia, Timarete, and Nicandra. They were 
taken from certain Dodonaean families, who traced 
their pedigree back to the mythical ages. There 
were, however, at all times priests called Topovpoi 15 
connected with the oracle, who on certain occa- 
sions interpreted the sounds; but how the functions 
were divided between them and the Pelaeae is not 
clear. In the historical times, the oracle of Dodona 
had less influence than it appears to have had at an 
earlier period, but it was at all times inaccessible to 
bribes, and refused to lend its assistance to the 
Doric interest. 16 It was chiefly consulted by the 
neighbouring tribes, the ^Etolians, Acarnanians, and 
Epirotae, 17 and by those who would not go to Delphi 
on account of its partiality for the Dorians. There 
appears to have been a very ancient connexion be- 
tween Dodona and the Boeotian Ismenion. 18 



1. (Pind., 01., vi., 70.)— 2. (Pmd., 01., viii., 2.) — 3. (^sch , 
Prom., 830.)— 4. (Horn., II., xvi., 233.)— 5. (Hes. and Ephor., 
ap. Strab., vii., 7, p. 124, &c.) — 6. (Horn., Od., xiv., 328 ; xix., 
297.)— 7. (Prom., 832. — Compare Soph., Trach., 1170.)— 8. 
(Fragm., 39.— Soph., Trach., 169.— Herod., ii., 55.)— 9. (Suid., 
■• ▼. Awowi/??. — Philist., Imag., ii.) — 10. (Steph. Byz., s. v. Aw- 
ctovrf. — Suid., s. v. Aw^wvatov x a ^ K£ ^°v- — Strabo, Excerpt, ex 
'ib. vii., fin., p. 128, Tauch.)— 11. (Dionys. Hal., i., p. 12, Syl- 
burg.)— 12. (Strab., vii., 7, p. 126, Tauch.)— 13. (Soph., Trach., 
i69, with the K-.hol.— Herod., 1. c — Paus., x., 12, $ 5.)— 14. (1. 
c.) — 15. (Strab., 1. c.) — 16. (Corn. Nep., Lysand., 3.) — 17. 
'Paus., vii., 21, y 1.— Herod., ix., 93.)— 18. (Strab., ix„ 1, p. 250, 
1 auch.— Compare Muller, Orchom., p. 397.) 



The usual form in which the oracles weio givei 
at Dodona was in hexameters ; but some of the or 
acles yet remaining are in prose. In 219 B.C., tht 
temple was destroyed by the ^Etolians, and the sa 
cred oaks were cut down, 1 but the oracle continued 
to exist and to be consulted, and does not seem to 
have become totally extinct until the third century 
of our aera. In the time of Strabo, the Dodonaean 
prophetesses are expressly mentioned, though the 
oracle was already decaying, like all the others. 2 

(Compare Cordes, Be Oraculo Dodonao, Gronin- 
gen, 1826. — J. Arneth, Ueber das Taubenorakel von 
Dodona, Wien, 1840.— L. von Lassaulx, Das Pelas- 
gischc Orakel des Zeus zu Dodona, ein Deitrag zur 
Rcligionsphilosophie, Wiirzburg, 1840.) 

3. Oracle of Zeus Ammon, in an oasis in Libya, 
not far from the boundaries of Egypt. According 
to the traditions current at Dodona and Thebes in 
Egypt, it was founded by the latter city, 3 and the 
form in which the god was represented at Thebes 
and in the Ammonium was the same ; he had in 
both places the head of a ram.* The Greeks be- 
came acquainted, with this oracle through the Cyre 
neans, and Sparta was the first city of Greece which 
formed connexions with it. 5 Its example was fol- 
lowed by the Thebans, Olympians, Dodonaeans, 
Eleans, and others, and the Athenians sent frequent 
theories to the Ammonium even before 01. 91, 6 and 
called one of their sacred vessels Ammonis. 7 Tem- 
ples of Zeus Ammon were now erected in several 
parts of Greece. His oracle in Libya was conduct 
ed by men who also gave the answers. 8 Theii 
number appears to have been very great, for, on 
some occasions, when they carried the statue about 
in a procession, their number is said to have been 
eighty. 9 In the time of Strabo, 10 the oracle was 
very much neglected and in a state of decay. The 
Greek writers who are accustomed to call the 
greatest god of a barbarous nation Zeus, mention 
several oracles of this divinity in foreign countries * ' 

III. Oracles of other Gods. 

The other gods who possessed oracles were consult- 
ed only concerning those particular departments of 
the world and human life over which they presided. 
Demeter thus gave oracles at Patrae in Achaia, but 
only concerning sick persons, whether their suffer- 
ings v would end in death or recovery. Before the 
sanctuary of the goddess there was a well, surround- 
ed by a wall. Into this w r ell a mirror was let down 
by means of a rope, so as to swim upon the surface. 
Prayers were then performed and incense offered, 
whereupon the image of the sick person was seen 
in the mirror either as a corpse or in a state of re- 
covery. 12 At Pharae, in Achaia, there was an oracle 
of Hermes. His altar stood in the middle of the 
market-place. Incense was offered here, oil-lamps 
were lighted before it, a copper coin was placed 
upon the altar, and after this the question was put to 
the god by a whisper in his ear. The person who 
consulted him shut his own ears, and immediately 
left the market-place. The first remark that he 
heard made by any one after leaving the market- 
place was believed to imply the answer of Hermes. 13 
There was an Oracle of Pluto and Cora at Charax 
or Acharaca, not far from Nysa, in Caria. The two 
deities had here a temple and a grove, and near the 
latter there was a subterraneous cave of a miracu- 
lous nature, called the cave of Charon ; for persons 
suffering from illness, and placing confidence in the 

1. (Polyb., iv., 67.)— 2. (Strab., vii., 7, p. 124.) — 3. (Herod, 
ii., 42, 54, &c.)— 4. (Herod., iv., 181.) — 5. (Paus., iii., 18, t, 2.) 
—6. (Bockh, Staatsh., ii., 258.)— 7. (Hesych. and Suid., t. v 
"Annwv.— Harpoc, s. v. 'A/J(iuw'f.) — 8. (Diodor., xvii., 51.)— 9. 
(Diodor., iii., 50.)— 10. (xvii., 1, p. 458.)— 11. (Herod., ii., 29.— 
Diod,iii., 6.) — 12. (Paus., vii., 21, v 5.)— 13. (Paus. vii., 22, 



nftACULUM. 



ORACULUM. 



power pf the gods, travelled to this place, and stayed 
for some time with experienced priests, who lived 
in a place near the cave. These priests then slept 
a night in the cavern, and afterward prescribed to 
their patients the remedies revealed to them in their 
dreams. Often, however, they took their patients 
with them into the cave, where they had to stay for 
several days in quiet, and without taking any food, 
and were sometimes allowed to fall into the pro- 
phetic sleep, but were prepared for it, and received 
the advice of the priests ; for to all other persons 
the place was inaccessible and fatal. There was 
an annual panegyris in this place, probably of sick 
persons who sought relief from their sufferings. 
On the middle of the festive day, the young men of 
the gymnasium, naked and anointed, used to drive a 
bull into the cave, which, as soon as it had entered, 
fell down dead. 1 

At Epidaurus Limera, oracles were given at the 
festival of /no. (Vid. Inoa.) The same goddess 
had an oracle at GEtylon, in which she made reve- 
lations in dreams to persons who slept a night in 
her sanctuary. 2 Hera Acrcea had an oracle between 
T -echaeon and Pagae. 3 

IV. Oracles of Heroes. 

1. Oracle of Amphiaraus, between Potniae and 
Thebes, where the hero was said to have been 
swallowed up by the earth. His sanctuary was 
surrounded by a wall, and adorned with columns, 
upon which birds never settled, and birds or cattle 
never took any food in the neighbourhood.* The 
oracles were given to persons in their dreams, for 
they had to sleep in the temple 5 after they had pre- 
pared themselves for this incubatio by fasting one 
day, and by abstaining from wine for three days. 6 
The Thebans were not allowed to consult this ora- 
cle, having chosen to take the hero as their ally 
rather than as their prophet. 7 Another oracle of 
Amphiaraus was at Oropus, between Boeotia and 
Attica, which was most frequently consulted by the 
sick about the means of their recovery. Those 
who consulted it had to undergo lustrations, and to 
sacrifice a ram, on the skin of which they slept a 
night in the temple, where in their dreams they ex- 
pected the means of their recovery to be revealed 
to them. 8 If they recovered, they had to throw 
some pieces of money into the well of Amphiaraus 
in his sanctuary. The oracle was said to have 
been founded by the Thebans. 9 

2. Oracle of Amphilochus . He w T as the son of Am- 
phiaraus, and had an oracle at Mallos, in Cilicia, 
which Pausanias calls the most trustworthy of his 
time. 10 

3. Oracle of Trophonius at Lebadeia, in Bceotia. 1 - 
Those who wished to consult this oracle had first 
to purify themselves by spending some days in the 
sanctuary of the good spirit and good luck (uyadov 
Aai/uovoc nal ayadfjc Tvxvc), t0 live sober and pure, 
to abstain from warm baths, but to bathe in the river 
Hercyna, to offer sacrifices to Trophonius and his 
children, to Apollo, Cronos, King Zeus, Hera Heni- 
ocha, and to Demeter Europe, who was said to have 
nursed Trophonius; and during these sacrifices a 
soothsayer explained from the intestines of the vic- 
tims whether Trophonius would be pleased to ad- 
mit the consultor. In the night in which the con- 
suitor was to be allowed to descend into the cave 
of Trophonius, he had to sacrifice a ram to Aga- 
mcdes, and only in case the signs of this sacrifice 
were favourable, the hero was thought to be pleased 

1. (Strabo, xiv., 1, p. 189. — Compare xii., 8, p. 75, Tauchn.) 
—2. (Paus., iii., 26, t) 1.)— 3. (Strab., viii., 6, p. 213.)— 4. (Paus., 
lie., 8, I) 2.)— 5. (Herod., viii., 134.)— 6. (Philost., Vit. Apoll., ii., 
57.)— 7. (Herod., 1. c.)— 8. (Paus., i., 34, t> 2, &c.)— 9. (Strab., 
ix., 1, p. 252, Tauchn.)— 10. (Paus., i., 34, I) 2.— Dion Cass., 
IxTii., 7.)— 11. (Paus , ix., 37, t> 3.) 
692 



to admit the person into his cave. What iook pia:* 
after this was as follows : Two boys, 13 years old, 
led him again to the river Hercyna, and bathed anu 
anointed him. The priests then made him drink 
from the well of oblivion (Arjdrj), that he might for 
get all his former thoughts, and from the well of 
recollection (Kyrifioavvrj), that he might remember 
the visions which he was going to have. Thef 
then showed him a mysterious representation ol' 
Trophonius, made him worship it, and led him into 
the sanctuary, dressed in linen garments, with gir- 
dles around his body, and westing a peculiar kind 
of shoes (KpTjTTidec) which were customary at Leba- 
deia. Within the sanctuary, which stood on an 
eminence, there was a cave, into which the person 
was now allowed to descend by means of a ladder. 
Close to the bottom, in the side of the cave, there 
was an opening into which he put his feet, where- 
upon the other parts of the body were likewise 
drawn into the opening by some invisible power. 
What the persons here saw was different at differ- 
ent times. They returned through the same open- 
ing at which they had entered, and the priests now 
placed them on the throne of Mnemosyne, asked 
them what they had seen, and led them back to the 
sanctuary of the good spirit and good luck. As 
soon as they had recovered from their fear, they 
were obliged to write down their vision on a little 
tablet which was dedicated in the temple. This is 
the account given by Pausanias, who had himself 
descended into the cave, and writes as an eyewit- 
ness. 1 The answers were probably given by the 
priests according to the report of what persons had 
seen in the cave. This oracle was held in very 
great esteem, and did not become extinct until a 
very late period ; and though the army of Sulla had 
plundered the temple, the oracle was much consult- 
ed by the Romans, 3 and in the time of Plutarch it 
was the only one among the numerous Bceotian 
oracles that had not become silent. 3 

4. Oracle of Calchas, in Daunia, in southern Italy 
Here answers were given in dreams, for those who 
consulted the oracle had to sacrifice a black ram. 
and slept a night in the temple, lying on the skin of 
the victim.* 

5. Oracles of Asclepius (^Esculapius). The ora- 
cles of Asclepius were very numerous ; but tht 
most important and most celebrated was that of 
Epidaurus. His temple here was covered with vo 
tive tablets, on which persons had recorded their 
recovery by spending a night in the temple. In the 
temples of yEsculapius and Serapis at Rome, recov 
ery was likewise sought by incubatio in his temple * 
F. A. Wolf has written an essay, Bcitrag zur Gesck 
des Somnambulismus aus dem Alterthum, 6 in which 
he endeavours to show that what is now called 
Mesmerism, or animal magnetism, was known to 
the priests of those temples where sick persons 
spent one or more nights for the purpose of recov- 
ering their health. Other oracles of the same kind 
are mentioned in that essay, together with some of 
the votive tablets still extant. 

6. Oracle of Heracles at Bura, in Achaia. Those 
who consulted it prayed and put their questions to 
the god, and then cast four dice painted with fig- 
ures, and the answer was given according to the 
position of these figures. 7 

7. Oracle of Pasipha'e at Thalamic, in Laconia, 
where answers were given in dreams while persons 
spent the night in the temple. 8 

8. Oracle of Pkrixus, in Iberia, near Mount Cau- 



1. (Paus., ir., 39, t) 3, &c. — Compare Philost., Vit. Apoll., 
viii., 19.)— 2. (Orig., c. Cels., vii., p. 355.)— 3. (P!ut.,De Orac, 
Defec, c. 5.)— 4. (Strabo, vi., 3, p. 53.)— 5. (Suet.. Claud., 25.; 
—6. (Vermischte Schriften, p. 382, &c.)— 7 (Paus., vii., 25, 4 
0.;— 8. (Plut., Cleom., 7.— Agis, 9.— Cic, Dt Div • i ■ 4!n 



ORACULUM. 



ORATIONES FKINCIPUM. 



casus, where no rams were allowed to be sacri- 
ficed. 1 

V. Oracles op the Dead. 

Another class of oracles are the Oracles of the Dead 
{vEKYOfjiavTElov or ipvxoTrofnrelov), in which those who 
consulted called up the spirits of the dead, and of- 
fered sacrifices to the gods of the lower world. One 
of the most ancient and most celebrated places of 
this kind was in the country of the Thesprotians, 
near Lake Aornos. 8 Another oracle of this kind 
was at Heraclea, on the Propontis. 3 

Respecting the Greek oracles in general, see 
Wachsmuth, Hclkn. Alterth., ii., 2, p. 260, &c. — 
Klausen in Ersch und Grubcr's Encyclop., s. v. 
Orakel. 

VI. Italian Oracles. 

Oracles in which a god revealed his will through 
the mouth of an inspired individual did not exist in 
Italy. The oracles of Calchas and ^Esculapius, 
mentioned above, were of Greek origin, and the 
former was in a Greek heroum on Mount Garganus. 
The Romans, in the ordinary course of things, did 
not feel the want of such oracles as those of Greece, 
for they had numerous other means to discover the 
will of the gods, such as the Sibylline books, augu- 
ry, haruspices, signs in the heavens, and the like, 
which are partly described in separate articles, and 
partly in Divixatio. 4 The only Italian oracles 
known to us are the following: 

1. Oracle of Faunus. — His oracles are said to 
have been given in the Saturnian verse, and collec- 
tions of his vaticinia seem to have existed at an 
early period. 5 The places where his oracles were 
given were two groves, the one in the neighbour- 
hood of Tibur, round the well of Albunea, and the 
other on the Aventine. 6 Those who consulted the 
god in the grove of Albunea, which is said to have 
been resorted to by all the Italians, had to observe 
the following points : The priest first offered a sheep 
and other sacrifices to the god. The skin of the 
victim was spread on the ground, and the consultor 
was obliged to sleep upon it during the night, after 
his head had been thrice sprinkled with pure water 
from the well, and touched with the branch of a sa- 
cred beech-tree. He was, moreover, obliged, sev- 
eral days before this night, to abstain from animal 
food and from matrimonial connexions, to be cloth- 
ed in simple garments, and not to wear a ring on 
his fingers. After he fell asleep on the sheepskin, 
he was believed to receive his answer in wonder- 
ful visions, and in converse with the god himself. 7 
Ovid 9 transfers some of the points to be observed 
in order to obtain the oracle on the Albunea, to the 
oracle on the Aventine. Both may have had much 
in common, but from the story which he relates of 
Numa, it seems to be clear that on the Aventine 
certain different ceremonies also were observed. 

2. Oracles of Fortuna existed in several Italian 
towns, especially in Latium, as at Antium and Prae- 
neste. In the former of these towns two sisters 
Fortunae were worshipped, and their statues used 
to bend forward when oracles were given. 9 At 
Prtcneste the oracles were derived from lots (sor- 
te»' n consisting of sticks of oak with ancient char- 
acters graven upon them. These lots were said to 
have been found by a noble Praenestine of the name 
of Numerius Suffucius, inside of a rock which he 
had cleft open at the command of a dream by which 

I. (Strab , xi., 3, p. 410.— Tacit., Ann., vi.. 34.)— 2. (Diodor., 
it., 22.--Hertxl., v., 92, v 7.— Paus., ix., 30, v 3.)— 3. (Plut., 
Cim., 6.) --4. (Strabo, xvii.. 1, p. 459, &c.)— 5. (Aurel. Vict., 
De ong. gent. Rom., c. 4.)— 6. (Xirg., JEn., vii., 81, &c— Ovid, 
Fast., iv., 650, <fcc.)— 7. (Vir ? ., 1. c— Isidor., viii.. 11, 87.)— 8. 
(1. c )— 9. (Macr., Sat., i., 23.- Compare Horat., Carm., i., 35, 
1.— Suet.. Ca \g.. 57. with Ernesti's note. — Domit., 15.) 



he had been haunted. The lots, when an oracl€ 
was to be given, were shaken up together by a boy, 
after which one was drawn for the person who con- 
sulted the goddess. 1 The lots of Praenesto were, al 
least with the vulgar, in great esteem as late as the 
time of Cicero, while in other places of Latium they 
were mostly neglected. The Etruscan Caere, in 
early times, had likewise its sortes. 3 

3. An Oracle of Mars was, in very ancient times, 
according to Dionysius, 3 at Tiora Matiena, not far 
from Teate. The manner in which oracles were 
here given resembled that of the pigeon oracle at 
Dodona ; for a woodpecker (picus), a bird sacred to 
Mars, was sent by the god and settled upon a wood- 
en column, whence he pronounced the oracle. 

On Roman oracles in general, see Niebuhr, Hisi. 
of Rome, i., p. 508, &c. 

ORA'RIUM was a small handkerchief used for 
wiping the face, and appears to have been employed 
for much the same purposes as our pocket-handker 
chief. It was made of silk or linen. In the Etym. 
Mag. 4 it is explained by irpoGuirov eKfiayeiov. Au- 
relian introduced the practice of giving oraria to the 
Roman people to use ad favorem, which appears to 
mean for the purpose of waving in the public games 
in token of applause, as we use our hats and hand- 
kerchiefs for the same purpose. 5 

ORATIO'NES PRI'NCIPUM. The orationc*. 
principum are frequently mentioned by the Roman 
writers under the Empire; but those which are dis 
cussed under this head have reference to legislation! 
only, and were addressed to the senate. Under the 
Christian emperors particularly, these oratione6 
were only a mode of promulgating law as constitu 
ted by the emperor ; and we have an instance ot 
this even in the reign of Probus ("Leges, quas Pro 
bus ederet, senalus consultis propriis consecrarent*") 
Under the earlier emperors, the orationes were in 
the form of propositions for laws addressed to the 
senate, who had still, in appearance, though not in 
reality, the legislative, that ts, the sovereign power. 
This second kind of orationes are often cited by tho 
classical jurists, as in the following instance from 
Gaius : 7 " ex oratione dim Hadriani senatus consultum 
factum est." 

Many of the orationes of the Roman emperors, 
such as are quoted by the Augustae Historiae Scrip- 
tores, are merely communications to the senate, 
such, for instance, as the announcement of a victo- 
ry. 8 These orationes are sometimes called litteraj 
or epistolae by the non-juristical writers ; but the 
juristical writers appear to have generally avoided 
the use of epistola in this sense, in order not to 
confound the imperial orationes with the rescripta, 
which were often called epistolae. It appears thai 
the Roman jurists used the terms libellus and oratio 
principis as equivalent ; for the passages which have 
been referred to in support of the opinion that these 
two words had a different sense, 9 show that libellus 
and oratio principis are the same, for the oratio is 
here spoken of by both names. These orationes 
were sometimes pronounced by the emperor hiny 
self, but apparently they were commonly in the 
form of a written message, which was read by the 
quaestors : 10 in the passage last referred to, these 
imperial messages are called indifferently libri and 
epistolae. Accordingly, we read of litterae and ora- 
tiones being sent by the emperor to the senate. 11 
The mode of proceeding upon the receipt of one of 
these orationes may be collected from the preamble 



1. (Cic, De Divin., ii., 41.)— 2. (Liv., xxi., 62.)— 3. (i., p. 12.) 
—4. (p. 804, 27, ed. Sylburg-.)— 5. (Vopisc, Aurel., 48.— Cas.iub 
ad loc. — Augustin, De Civ. Dei, xxii., 8. — Prudent., vepi I.Tt<f>., 
]., 86. — Hieron. ad Nepotian., Ep., 2.) — 6. (Prob. Imp. ap. Flav. 
Vopisc, 13.)— 7. (ii., 285.)— 8. (Maxim. Duo. ap. J. Capitol., 1J, 
13.)— 9. (Di<r 5, tit. 3, s.^20, 22.)— 10. (Dig. I, tit. 13.)— 11 (Ta- 
cit., Ann., iii., 52 ; xvi.. 7 ' 

603 



ORATOR. 



ORATOR. 



of the senatus consultum contained in the Digest. 1 
These orationes were the foundation of the senatus 
consulta which were framed upon them, and when 
the orationes were drawn up with much regard to 
detail, they contained, in fact, the provisions of the 
subsequent senatus consultum. This appears from 
the fact that the oratio and the senatus consultum 
are often cited indifferently by the classical jurists, 
as appears from numerous passages. 2 The oratio 
is cited as containing the reasons or grounds of the 
law, and the senatus consultum for the particular 
provisions and words of the law. To the time of 
Sep. Severus and his son Caracalla, numerous se- 
natus consulta, founded on orationes, are mention- 
ed; and numerous orationes of these two emperors 
are cited. But after this time they seem to have 
fallen into disuse, and the form of making and pro- 
mulgating law by imperial constitutiones was the 
ordinary mode of legislation. 

There has been much discussion on the amount 
of the influence exercised by the orationes princi- 
pum on the legislation of the senate. But it seems 
to be tolerably clear, from the evidence that we 
have, and from the nature of the case, that the ora- 
tio might either recommend generally some legisla- 
tive measure, and leave the details to the senate, 
or it might contain all the details of the proposed 
measure, and so be in substance, though not in 
form, a senatus consultum ; and it would become a 
senatus consultum on being adopted by the senate, 
which, in the case supposed, would be merely a 
matter of form. In the case of an oratio, express- 
ed in more general terms, there is no reason to 
suppose that the recommendation of the emperor 
was less of a command ; it was merely a command 
in more general terms. 

(Zimmern, Gcsch. des Rom. Privatrechts, i., p. 79, 
and Dirksen, Ueber die Reden der Rom. Kaiser und 
deren Emjluss auf die Gesetzgebung, Rhein. Mus. 
fur Jurisprudenz, ii.) 

ORA'TOR. Cicero remarks 3 that a "certain 
kind of causes belong to jus civile, and that jus 
civile is conversant about laws (lex) and custom 
(mos) appertaining to things public and private, the 
knowledge of which, though neglected by most ora- 
tors, seems to me to be necessary for the purposes 
of oratory." In his treatise on the Orator, and par- 
ticularly in the first book, Cicero has given his opin- 
ion of the duties of an orator, and his requisite quali- 
fications, in the form of a dialogue, in which Lucius 
Licinius Crassus and M. Antonius are the chief 
speakers. Crassus was himself a model of the 
highest excellence in oratory ; and the opinions at- 
tributed to him as to the qualifications of an orator 
were those of Cicero himself, who, in the intro- 
ductory part of the first book, 4 declares that " in his 
opinion no man can deserve the title of a perfect 
orator unless he has acquired a knowledge of all 
important things and of all arts, for it is out of 
knowledge that oratory must blossom and expand ; 
and if it is not founded on matter which the orator 
^has fully mastered and understood, it is idle talk, 
and may almost be called peurile." According to 
Crassus, the province of the orator embraces every- 
thing : he must be enabled to speak well on all 
subjects. Consequently, he must have a knowl- 
edge of the jus civile, 5 the necessity for which 
Crassus illustrates by instances ; and he should not 
only know the jus civile as being necessary when 
he has to speak in causes relating to private matters 
ard to private judicia, but he should also have a 
knowledge of the jus publicum, which is conversant 
about a state as such, and he should be familiar 

1. (5, tit. 3.)— 2. (Dig. 2, tit. 15, s. 8 ; 5, tit. 3, s. 20, 22, 40 ; 
11, tit. 4, s. 3, &c.)— 3. (Or. Part., c. 28.)— 4. (c 6.)— 5. (i., 44, 
«kc) 

694 



with the events of history, and instances derived 
from the experience of the past. Antonius 1 limita 
the qualifications of the orator to the command of 
language pleasant to the 'ear, and of arguments 
adapted to convince in causes in the Forum and on 
ordinary occasions. He farther requires the orator 
to have competent voice and action, and sufficient 
grace and ease. Antonius 2 contends that an oratoi 
does not require a knowledge of the jus civile, and 
he instances the case of himself, for Crassus allow- 
ed that Antonius could satisfactorily conduct a 
cause, though Antonius, according to his own ad- 
mission, had never learned the jus civile, and had 
never felt the want of it in such cases as he had 
defended (in jure). 

The profession, then, of the orator, who, with ref- 
erence to his undertaking a client's case, is also 
called patronus, 3 was quite distinct from that of tho 
jurisconsultus (vid. Jurisconsulti), and also from 
that of the advocatus, at least in the time of Ci- 
cero, 4 and even later. 5 An orator who possessed a 
competent knowledge of the jus civile would, how- 
ever, have an advantage in it, as Antonius admits , 5 
but as there were many essentials to an oratoi 
which were of difficult attainment, he says that it 
would be unwise to distract him with other things. 
Some requisites of oratory, such as voice and ges 
ture, could only be acquired by discipline ; whereas 
a competent knowledge of the law of a case (juri* 
utilitas) could be got at any time from the juriscon- 
sulti (periti) or from books. Antonius thinks that 
the Roman orators in this manner acted more wise- 
ly than the Greek orators, who, being ignorant oi 
law, had the assistance of practitioners called Prag- 
matici : the Roman orators intrusted the mainte- 
nance of the law to the high character of their pro-' 
fessed jurists. 

So far as the profession of an advocate consists 
in the skilful conduct of a cause, and in the sup- 
porting of his own side of the question by proper 
argument, it must be admitted, with Antonius, thai 
a very moderate knowledge of law is sufficient; 
and, indeed, even a purely legal argument requires 
not so much the accumulation of a vast store of 
legal knowledge, as the power of handling the mat • 
ter when it has been collected. The method ia 
which this consummate master of his art managed 
a cause is stated by himself; 7 and Cicero, in anoth- 
er passage, 8 has recorded his merits as an orator. 
Servius Sulpicius, who was the greatest lawyer of 
his age, had a good practical knowledge of the law, 
but others had this also ; and it was something else 
which distinguished Sulpicius from all his contem 
poraries : " Many others, as well as Sulpicius, had 
a great knowledge of the law ; he alone possessed 
it as an art. But the knowledge of law by itself 
would never have helped him to this, without the 
possession of that art which teaches us to divide 
the whole of a thing into its parts, by exact defini- 
tion to develop what is imperfectly seen, by expla- 
nation to clear up what is obscure ; first of all, to 
see ambiguities, then to disentangle them: lastly, 
to have a rule by which truth and falsehood are dis- 
tinguished, and by which it shall appear what con- 
sequences follow from premises, and what do not." 9 
With such a power Sulpicius combined a knowl- 
edge of letters and a pleasing style of speaking. 
As a forensic orator, then, he must have been one 
of the first that ever lived ; but still, among the Ro- 
mans, his reputation was that of a jurist, while 
Antonius, who had no knowledge of the law, is put 
on a level, as an orator (patronus), with L. Cras- 



1. (i., 49.)— 2. (i., 58.)— 3. (De Or., i., 56— Brut., 38.)— 4 
(ii. 5 74.)— 5. (De Orat., Dial., 34.)— 6. (i., 59.)- y (De Or., ii., 
72.)— 8 (Brut., 37.)— 9. (Brut.. 41.) 



uitCHIS. 



ORNATRIX. 



bus, who, of all the eloquent men of Rome, had the 
best acquaintance with the law. 

Oratory was a serious study among the Romans. 
The master of the art, Cicero, tells us by what 
painful labour he attained to excellence. 1 Roman 
oratory reached its perfection' in the century which 
preceded the Christian aera. Its decline dates from 
the establishment of the imperial power under Au- 
gustus and his successors ; for though there were 
many good speakers, and more skilful rhetoricians 
under the Empire, the oratory of the Republic was 
rendered by circumstances unsuitable for the sen- 
ate, for popular assemblies, or for cases of crimes 
and high misdemeanours. 

In the dialogue De Oratoribus, which is attribu- 
ted to Tacitus, Messala, one of the speakers, 2 at- 
tempts to assign the reasons for the low state of 
oratory in the time of Vespasian, when the dialogue 
was written, compared with its condition in the age 
of Cicero and of Cicero's predecessors. He attrib- 
utes its decline to the neglect of the discipline under 
which children were formerly brought up, and to 
the practice of resorting to rhetoricians (rhetores), 
who professed to teach the oratorical art. This 
gives occasion to speak more at length of the early 
discipline of the old orators, and of Cicero's course 
of study as described in the Brutus. The old ora- 
tors 3 learned their art by constant attendance on 
some eminent orator and by actual experience of 
business : the orators of Messala's time were form- 
ed in the schools of rhetoric, and their powers were 
developed in exercises on fictitious matters. These, 
however, it is obvious, were only secondary causes. 
The immediate causes of the decline of eloquence 
appear to be indicated by Maternus, another speak- 
er in the dialogue, who attributes the former flour- 
ishing condition of eloquence to the political power 
which oratory conferred on the o r ator under the 
Republic, and to the party struggles and even the 
violence that are incident to such a state of society. 
The allusion to the effect produced by the estab- 
lishment of the imperial power is clear enough in 
the following words, which refer both to the impe- 
rial and the republican periods : " cum mixtis omni- 
bus et moderatore uno carentibus, tantum quisque ora- 
tor saperet, quantum crranti populo persuaderi pote- 
rat." 

ORBUS. (Vid. Julije Leges, p. 557.) 

ORCA. (Vid. Sitella.) 

ORCHE'SIS (opxv^c). (Vid. Saltatio.) 

ORCHESTRA. (Vid. Theatrum.) 

ORCHIA LEX. (Vid. Sumtuaeue Leges.) 

♦ORCHILUS ('OpxtXoc ), a species of Bird. " In 
ihe Lexicon of Photius it is explained by fiaoikinoc, 
and Gesner holds that it is identical with the irpia- 
6vr, (3aaiXEvc, and rpox'thoc, although it is to be re- 
marked that Aristotle treats separately of the (3aa- 
theve. Gesner applies all these terms to the Rcg- 
ulus, or Golden-crested Wren. It must be admit- 
ted, however, that the ancient descriptions of the 
small birds, or Passeres, are so brief, that they often 
cannot be recognised or distinguished from one an- 
other with any degree of accuracy. But, at the 
same time, Aristotle's description of the rvpavvoc is 
so graphic that no ornithologist can fail to recognise 
the Golden-crested Wren in it. Aristophanes also 
identifies the ftaaikevc and the opxihoe.." 4, 

♦ORCHIS (upxtc). "Sibthorp seems to have 
settled that the kvvoc bpxic of Galen and Dioscori- 
des is the Orchis papillonacea. The oepuTuae can- 
not be ascertained with any certainty. Fuchsius 
refers this last, and Stackhouse the bpxic of Theo- 
phrastus, to the Orchis morio, or Meadow Orchis." 6 

1. (Brut., 91, &c)— 2. (c. 28, &c.)— 3. (c. 34.)— 4. (Aristoph., 
Av., 1. 568.— Adams, Append., s. v.)— 5. (Theophrast., H. P., 
ix., 18— Dio«cor., iii., 131, 132.— Adams, Append., s. v.) 



ORCINUS LIBERTTJS. (Vid. Manumissio, p 
616.) 

ORCINUS SENATOR. [Vid, Senates.) 
ORDINATIIUS JUDEX. (Vid. Judex Ped.» 

NEUS.) 

ORDO is applied to any body of men who form a 
distinct class in the community, either by possess- 
ing distinct privileges, pursuing certain trades or 
professions, or in any other way. Thus Cicero' 
speaks of the "ordo aratorum. sive pecuariorum, 
sive mercatorum." In the same way, the whole 
body of sacerdotes at Rome is spoken of as an 
ordo, 2 and separate ecclesiastical corporations are 
called by the same title (ordo collegii nostri ;' ordo 
seviralium*). The libertini and scribae also formed 
separate ordines. 5 The senate and the equites are 
also spoken of respectively as the ordo senatori- 
us and ordo equestris (vid. Senatus ; Equites. p. 
417) ; but this name is never applied to the plebes. 
Accordingly, we find the expression "utcrque ordo" 1 
used without any farther explanation to designate 
the senatorial and equestrian ordines. 6 The sena- 
torial ordo, as the highest, is sometimes distinguish- 
ed as " amplissimus ordo."'' 

The senate in colonies and municipia was called 
ordo decurionum 8 (vid. Colonia, p. 282), and some- 
times simply ordo, 9 ordo amplissimus, 10 or ordo 
splendidissimus. 11 

The term ordo is also applied to a company or 
troop of soldiers, and is used as equivalent to cen- 
turia : thus centurions are sometimes called " qui 
ordines dux-runt" 12 and the first centuries in a le- 
gion "primi ordines." 13 Even the centurions of the 
first centuries are occasionally called "primi o* 

O'RGANUM. (Vid. Hydraula.) 

O'RGIA. ( Vid. Mysteria.> 

*OREICHALCUM. (Vid. Ms.) 

'OREOSELI'NUM (bpeoaeXtvov), a plant, which 
Dodonaeus makes to be the Sclinum Oreoselinon 
According to Sprengel, however, the plant just men- 
tioned is not indigenous in Greece ; he inclines, 
therefore, with Gesner, to the opinion that it is the 
Athamanta libanotis. 15 

*ORIG'ANUS (bpiyavoc or -ov). "Galen and 
Dioscorides describe three species ; the bpcyavoc 
'HpaKXeuTiKrj, ovctic, and aypcopiyavoc. The first, 
according to Sprengel, is the Origanum Heracleoti- 
cum ; the second, the Onites or Creticum ; and the 
third, the 0. sylvestrc album. Theophrastus distin- 
guishes the bpcyavoc into two species, Ievkt} and 
usXacva, which Stackhouse refers simply to the 
Origanum marjorana, or Bastard Marjorum." 16 

ORNAMENT A TRIUMPHA'LIA. (Vid. Tri- 

UMPHUS.) 

ORNA'TRIX (Koa/iuTpia), a female slave who 
dressed and adorned ladies' hair. 17 So much at- 
tention was paid by the Roman ladies to the dress- 
ing of their hair, that they kept slaves specially foi 
this purpose, and also had them instructed by a 
master in the art. 18 These slaves were frequently 
the confidants of their mistresses, and were some 
times highly prized, whence we find them mention- 



1. (c. Verr., II., ii., 6.) — 2. (Festus, s. v. Ordo Sacerdotum.) -• 
3. (Orelli, Inscr., n. 2417.)— 4. (Id., n. 2229.)— 5. (Suet., De 
Grammat., 18. — Cic, c. Verr., II., i., 47 ; iii., 79.) — 6. (Suet., 
Aug., 15.— Veil. Paterc, ii., 100.)— 7. (Plin., Ep., x., 3.— Suet., 
Otho, 8.— Vesp., 2.)— 8. (Dig. 50, tit. 2, s. 2, t> 7.— Orelli, Inscr., 
n. 1167.)— 9. (Tacit., Hist., ii., 52.— Dig. 50, tit. 2, s. 2, Y 3.- 
Orelli, n. 3734.— 10. (Cic, Pro Cael., 2.)— 11. (Orelli, n. 1180, 
1181.)— 12, (Cic, Phil., i., 8.— Caes., Bell. Civ., i., 13.)— 13. 
(Caes., Eell. Gall., v., 28, 44.)— 14. (Cats., Bell. Gull., v.. 30 ; vi., 
7. — Liv., xxx., 4. — Gronov. ad loc) — 15. (Dioscor., iii., 69.— 
Theophrast., H. P., vii., 6. — Galen, De Simp]., viii.— Adams, 
Append., s. v.) — 16. (Theophrast., H. P., vi., 1. — Dioscor., iii., 
29— Galen, De Simpl. — Adams, Append., s. v.)— 17. (Ovid, T>* 
Art. Am., iii., 239.— Suet., Claud., 40.)— 18. (Dig. 32, tit. i.. ■ 
65.) 

6Q5 



OSCHOPHORIA. 



OSTREUM. 



xsn in inscriptions. 1 Some attained great skill in 
their art, as Cypassis, whom Ovid 2 addresses, 

" Ponendis in mille modos perfecta capillis, 
Comere sed solas digna Cypassi deas ;" 

and Nape, whom Ovid 3 also describes as skilled 

" Colligere inr.ertos et in ordine ponere crincs."* 

*OROBAN'CHE (bpodayxv)- i{ The bpo6dyxv of 
Theophrastas," observes Adam*, " would appear 
decidedly to be a species of Cuscuta, or dodder of 
Thyme. The bpoBdyxv of Dioscorides is held by 
Sprengel to be the Orobanche caryophyllea. The 
bpoCdyxv is called barTcpoMuv by writers of a later 
age." 5 

*OR'OBOS (bpoSoc), the Ervum ervilia, or Tare, 
according to Stackhouse, Dierbach, and Sprengel.* 

*OROSPIZOS {bpocKL&g), a bird, a species of 
mountain Chaffinch. Adams makes it the Bramb- 
ling, or Fringilla montifringilla. 1 

*ORTYGOME'TRA (bprvyop^pa). According 
to Gesner and Hardouin, it is the bird called in 
Italy Re de Qualie, or " King of the Quails." Or- 
nithologists now give the name of Ortygometra crez 
to the common Landrail. 8 

♦ORTYX (bprv%), the Telrao coturnix, L., or 
Quail. 9 

*ORYX (bpvZ). " Dr. Shaw inclines to the opin- 
ion, that the Oryx of the Greeks, or Thau of the 
Hebrews, was the Buffalo. It is much more proba- 
ble, however, that it was a species of Antelope. It 
is graphically described in the Cynegetica of Op- 
pian." 10 

*ORYZA (bpv^a), the Oryza saliva, or Rice. 11 

OSCHOPHORIA ('aaxo<popca or 'Oa^opm), an 
Attic festival, which, according to some writers, 
was celebrated in honour of Athena and Dionysus, 12 
and according to others, in honour of Dionysus and 
Ariadne. 13 The time of its celebration is not men- 
tioned by any ancient writer, but Corsini 1 * supposes, 
with great probability, that it was held at the com- 
mencement of the Attic month Pyanepsion. It is 
said to have been instituted by Theseus. Its name 
is derived from wojof, baxog, or bcxv, a branch of 
vines with grapes, for it was a vintage festival ; and 
on the day of its celebration, two youths, called 
baxo(j)6poi, whose parents were alive, and who were 
elected from among the noblest and wealthiest cit- 
izens, 15 carried, in the disguise of women, branches 
of vines with fresh grapes from the Temple of Dio- 
nysus in Athens to the ancient Temple of Athena 
Skiras in Phalerus. These youths were followed 
by a procession of persons who likewise carried 
vine-branches, and a chorus sang hymns called 
uaxo(j)opLK,d pelrj, which were accompanied by dan- 
ces. 16 In the sacrifice which was offered on this 
occasion, women also took part ; they were called 
6ei7rvo(p6poL, for they represented the mothers of the 
youths, carried the provisions (bipa nal atria) for 
them, and related stories to them. During the sac- 
rifice, the staff of the herald was adorned with 
garlands, and when the libation was performed, the 
spectators cried out klelev, lob, iov. 11 The ephebi 
taken from all the tribes had on this day a contest 
in racing from the city to the Temple of Athena 
Skiras, during which they also carried the bcxv, and 
the victor received a cup filled with five different 

1. (Orelli, Inscr., n. 2878, 2933, 4715, 4443.)- 2. (Amor., ii., 
8.)— 3. (Amor., i., 9.)— 4. (Compare Juv., vi., 486— Tertull., De 
Cult. Fern., 6.) — 5. (Theophrast., H. P., viii., 8. — Dioscor., ii., 
171. — Geopon., ii., 42. — Adams, Append., s. v.) — 6. (Dioscor., 
ii., 131. — Theophrast., H. P., iii., 13. — Adams, Append., s. v.) — 
7. (Aristot., H. A., viii., 5.) — 8. (Aristot., II. A., viii., 14. — 
Adams, Append., s. v.) — 9. (Aristot., H. A., ix., 11.) — 10. (Shaw's 
Travels, ii., p. 2S0. — Oppian, Cyneg., ii., 445. — Aristot., II. A., 
ii., 2. — Adams, Append., s. v.) — 11. (Theophrast., H. P., iv., 
4.)— 12. (Phot., p. 322, Bekker.)— 13. (Plut., Thes., 23.)— 14. 
Fast. Att., ii., p. 354.)— 15. (Schol. ad Nicand., Alexiph., 109.) 
—16. (Athen., xiv , p. 631.)— 17. (Plut., Thes., 22.) 
696 



things (ftevTU7r?uOO(;, irEVTan'koa or irevTarkq), viz. 
wine, honey, cheese, flour, and a little oil. 1 Accord 
ing to other accounts, only the victor drank from 
this cup. The story which was symbolically repre- 
sented in the rites and ceremonies of this festival, 
and which was said to have given rise to it, is rela- 
ted by Plutarch 2 and by Proclus. 3 

OSCILLUM, a diminutive througn osculum from 
os, meaning ' : a little face," was the term applied to 
faces or heads of Bacchus, which were suspended 
in the vineyards to be turned in every direction by 
the wind. Whichsoever way they looked, the; 
were supposed to make the vines in that quarto- 
fruitful.* The left-hand figure in the annexed vvoo^ 




cut is taken from an oscillum of white marble it 
the British Museum. The back of the head i? 
wanting, and it is concave within. The mouth an? 
pupils of the eyes are perforated. It represents the 
countenance of Bacchus with a mild and propitious 
expression (molle, honestum 5 ). A fillet, spirally twist- 
ed about a kind of wreath, surrounds the head, and 
descends by the ears towards the neck. The me- 
tallic ring by which the marble w 7 as suspended 
still remains. The other figure is from an ancient 
gem, 6 representing a tree with four oscilla hung 
upon its branches. A Syrinx and a Pedum are 
placed at the root of the tree. 

From this noun came the verb oscillo, meaning 
"to swing." Swinging (oscillatio) was among the 
bodily exercises practised by the Romans. 7 

OSTIA'RIUM was a tax upon the doors of 
houses, which appears to have been sometimes 
levied in the provinces. 8 Cicero 9 calls it acerbissi- 
ma exactio. There was a similar tax, called colum- 
narium, imposed upon every pillar that supported a 
house. 10 

O'STIUM. (Vid. Janua.) 

OSTRACISMUS. (Vid. Banishmfnt, Greek, p. 
135.) 

*OSTRACODERMA (bcrpaKoJeppa). " This 
term," says Adams, "in its most extensive sense, 
comprehended two great orders of marine animals, 
namely, the a/cA^poorpa/ca and the paTianbarpaKa. 
Under the o-tiXypoarpaica were ranked oysters, urch- 
ins, mussels, &c. ; under the palanboTpana, crabs 
of all kinds, craw-fish, &c. It must be borne in 
mind, however, that the general term bcrpatiSdeppa 
is often applied in a restricted sense to the ovr/l??p6- 
crpana, or Testacea, and that barpea and barpaKta 
are occasionally used in the same sense, i. e. y are 
applied to the Testacea." 11 

OSTRAKON (oarpaKov). (Vid. Fictile.) 

*OSTR'EUM (barpeov), a term most properly ap- 
plied to the Ostrea edulis, or common Oyster, but 
sometimes to the whole class of Crustacea, or borpa- 
Kodeppa. "The Greeks, and more especially the 



1. (Athen., xi., p. 495.)— 2. (Thes., 22, 23.)— 3. (p. 388, e.i 
Gaisford. — Compare Bekker's Anecdot., p. 318. — Etym. Mag. 
and Hesych., s v. T Jlcrxoi. — Suid., s. v. 'i2<T%o0opj'a and 'fttrxo 
</>c$poj.)-4. (Vhg-., Georg., ii., 388-392.)— 5. (Virg., 1. c.)— 6 
(Maffei, Gem. Ant., iii., 64.) — 7. (Festus, s. v. — Hygin., Fab. 
130.)— 8. (Cifis., Bell. Civ., iii., 32.)— 9. (ad Fam., iii., 8.)— 10 
(Cass., 1. c. — Cic. ad Att., xiii., 6. — Burmann, De Vect., c. 12, p. 
205.) — 11. (Adams, Append., s. v. — Id., nn/uentary on Paul at' 
^Egina,j. 129.) 



UvATIO. 



P.EAN. 



Romans, when they levied contributions upon land 
snd sea, lL.-7:gtiout the then known world, to cover 
the table cf a Lucullus or an Apicius, held oysters 
in very high estimation, and attached no small im- 
portance to the localities from which they were 
imported. Those of the Hellespont, of Venice, of 
the Bay of Cumae in Italy, and of Rutupiae (Rich- 
borough) in England, were the kinds which they 
preferred ; but they especially attached a very great 
value to those which, brought from these different 
places, and perhaps from quarters still more remote, 
were transported in large boats (lacubus ligneis) and 
deposited in the Lucrine lake, where they grew re- 
markably fat. The first Roman who entertained 
the notion of establishing this sort of park or oyster- 
bed was Sergius Orata, at Baiae, in the time of the 
Marsian war. It appears that the Romans prefer- 
red those oysters which have the edges of the mouth 
of a deep brown, almost black, and that they gave 
them a particular name, that of Calliblephara, a 
word which is nevertheless supposed to be corrupt- 
ed. The Romans ate oysters raw, and also cooked 
with various seasonings, into which entered pepper, 
the yolks of eggs, vinegar, oil, wine, &c. But it is 
not probable that they made so great a consumption 
of them as do modern nations." 1 

*OSTRFTES {boTpiTw). Sprengel supposes this 
to be petrified oysters ; but it would rather seem to 
have been a peculiar stone of the Ollaris kind." 3 

♦OSTRYA (barpva), a species of tree, which 
Stackhouse makes to have been the Carpinus betu- 
lus, or Hornbeam-tree. Sprengel, however, more 
correctly prefers the Ostrya vulgaris, which, accord- 
ing to Sibthorp, still retains its ancient name in 
Greece. 3 

*OTIS (uric), the Bustard. " It is the Tarda of 
Fliny, and hence its scientific name of Otis Tarda. 
The poet Nemesianus gives it the appellation of 
Tctrax." The Greek name comes from the long 
feathers near the ears (ovg, urog, " an ear').* 

OULAMOI (ovXapoi). ( Vid. Army, Greek, p. 
98 ) 

OYS'IAS AIKH (ovaiag 6ckv). (Vid. ESOTAH2 
AIKH.) 

OVA'TIO, a lesser triumph ; the terms employed 
by the Greek writers on Roman history are eva, 
evaarf/c, ire.^bg &piafj.6og. The circumstances by 
which it was distinguished from the more imposing 
solemnity (vid. Triumphus) were the following : 
The general did not enter the city in a chariot 
drawn by four horses, but on foot ; he was not ar- 
rayed in the gorgeous gold-embroidered robe, but in 
the simple toga praetexta of a magistrate ; his brows 
were encircled with a wreath, not of laurel, but of 
myrtle ; he bore no sceptre in his hand ; the pro- 
cession was not heralded by trumpets, headed by 
the senate, and thronged with victorious troops, but 
was enlivened by a crowd of flute-players, attended 
chiefly by knights and plebeians, frequently without 
soldiers ; the ceremonies were concluded by the 
sacrifice, not of a bull, but of a sheep. 5 The word 
ovaiio seems clearly to be derived from the kind of 
victim offered ; and we need pay little respect to 
the opinion of Festus, 6 who supposes it to have been 
formed from the glnd shout 0! 0! frequently reit- 
erated, nor to that of Dionysius, whose system 
required him to trace every custom to a Grecian 
oitgin, and who therefore maintains that it is 
corrupted from the Bacchanalian evoi. Dionysius 
makes another mistake in assigning a bay chaplet 
to the conqueror on these occasions, since all the 
Roman writer s agree with Plutarch in representing 

1. (Griffith's Cuvier, vol. xii., p. 372.) — 2. (Adams, Append., 
b. v.) — 3. (Theophrast., II. P., i., 8.— Adams, Append., s. v.) — 
4. (Anstot., H. A., ii., 12.— ^Elian, N. A., ii., 28.)— 5. (Plut., 
Marcell., c. 22.— Dinnvs. Hal., v., 47.— Gell., v., 6.— Liv., iii., 
10.— Id., xxvi.. 21.)— 6. (s. v. Ovantcs.) 
4T 



i that the myrtle crown, hence called ovatis corontt, 
was a characteristic of the ovation. 1 (Compare 
! Corona, p. 311, 312. 

In later times the victor entered upon horseback, 
and the ovations celebrated by Octavianus, Drusus, 
Tiberius, &c, are usually recorded by Dion Cassiua 
by a reference to this circumstance. 3 

An ovation was granted when the advantage 
gained, although considerable, was not sufficient to 
constitute a legitimate claim to the higher distinc- 
tion of a triumph, or when the victory had been 
achieved with little bloodshed, as in the case of 
Postumius Tubertus, who first received this honour ; 4 
or when hostilities had not been regularly pro- 
claimed ; 5 or when the war had not been completeiy 
terminated; which was one of the ostensible reasons 
for refusing a triumph to Marcellus on his return 
from Sicily ; 6 or when the contest had been carried 
on against base and unworthy foes ; and hence, 
when the servile bands of Athenion and Spartacus 
were destroyed by Perperna and Crassus, these 
leaders celebrated ovations only, 7 although the lat- 
ter, by a special resolution of the senate, was per- 
mitted to wear a laurel crown. 
OVI'LE. {Vid. Comitia, p. 297.) 
OVI'NIA LEX. (Vid. Lex, p. 584.) 
*OVIS (big), the common Sheep, or Capra Ovis. 
The terms big, 7rp66arov, and pSfrov are applied in- 
discriminately to this anirrva" by the Greek writers. 
" The Axis of Pliny is applied by Buffon to the ani- 
mal known by the vague names of the Hind of Sar 
dinia and the Deer of the Ganges." 6 
OXY'BAPHUM. (Vid. Acetabulum.) 

P. $. *. 

PACTIO, PACTUM. (Vid. Obligationes, p. 
675, 676.) 

*PADUS (irudog), the Prunus Padus, or Bird- 
cherry-tree. 9 

P^EAN (naiTjuv, -xaidv, naiuv), a hymn or song, 
which was originally sung in honour of Apollo, and 
seems to be as old as the worship of this deity. 
The etymology of the word is doubtful. Some sup- 
pose that it obtained its name from Paeon, the god 
of healing ; but in the Homeric poems Paeon is al- 
ways spoken of as a separate divinity, distinct frois 
Apollo. Other writers, with still less probability, 
connect it with ttoid, " to strike." 

The paean was always of a joyous nature, and its 
tune and sounds expressed hope and confidence. 
The sound of Irj appears to have been invariably 
connected with it. 10 It was sung by several per- 
sons, one of whom probably led the others, and the 
singers either marched onward or sat together at 
table. Thus Achilles, after the death of Hector, 
calls upon his companions to return to the ships, 
singing a paean on account of the glory they had 
gained ; u and the Achaeans, after restoring Chryseis 
to her father, are represented as singing a paean to 
Apollo at the end of the sacrificial feast, in order to 
appease his wrath." From these passages it is 
clear that the paean was a song of thanksgiving 
when danger was passed, and also a hymn to pro- 
pitiate the god. It was sung at the solemn festivals 
of Apollo, and especially at the Hyacinthia (elg to, 
'Yanivdia em rbv izatuva 13 ), and was also sung from 
very early times in the Pythian temples. 1 * 

1. (Festus, s. v. Ovalis Corona.— Plin., II. N., xv., 29.— Pint., 
Gell., 11. cc.)— 2. (Serv. in Virg., ^3Sn., iv., 543.)— 3. (Dioii 
Cass., xlviii., 3I.-Id., xlix., 15.— Id., liv., 8, S3.— Id., Iv., 2.)- 
4. (Plin.,H.N.,xv.,29.)— 5. (Festus.— Gell., 11. cc.)— 6. (Plut.. 
I. c— Liv., xxvi., 21.)— 7. (Florus, iii., 19.— Plin., Gell, 1. c.) 
—8. (Adams, Append., s. v.)— 9. (Theophrast., H. P.* iv., 1.) 
—10. (Athen., xv, P . 69fi, c.,/., 7C1, b., c.)— 11. (II., xxii.,391.) 
—12. (II., i., 473.) — 13. (Xen., Hell , iv., 5, i> 11.— Ages., ii., 17.) 
— 14. (Horn., Hymr. id Apoll., 514 - Eurip., Ion, 123, &c.) 

G97 



PJEDAGOGU&. 



P.ENULA. 



liiC paean was also sung as a battle-song, both 
before an attack on the enemy and after the battle 
was finished. 1 This practice seems to have chiefly 
prevailed among the Dorians, but was also common 
among the other Greek states. The origin of it is 
said to have arisen from the fact that Apollo sung 
it after his victory over the Pythian dragon. The 
paean sung previous to an engagement was called 
by the Spartans ixciav kfj,6ar?jp(,og* The scholiast 
on Thueydides 3 says that the paean which was 
sung before the battle was sacred to Ares, and the 
one sung after to Apollo ; but there are strong rea- 
sons for believing that the paean, as a battle-song, 
was in later times not particularly connected with 
the worship of Apollo. 4 It is certain that the paean 
was in later times sung to the honour of other gods 
besides Apollo. Thus Xenophon relates that the 
Lacedaemonians on one occasion sung a paean to 
Poseidon, to propitiate him after an earthquake, 5 
and also that the Greek army in Asia sung a paean 
to Zeus. 6 

In still later times paeans were sung in honour of 
mortals. Thus Aratus sung paeans to the honour 
of the Macedonian Antigonus ; 7 a paean, composed 
by Alexinus, was sung at Delphi in honour of the 
Macedonian Craterus ; and the Rhodians celebrated 
Ptolemaeus I., king of Egypt, in the same manner. 8 
The Chalcidians, in Plutarch's time, still continued 
to celebrate in a paean the praises of their benefac- 
tor, Titus Flaminius. 9 

The practice of singing the paean at banquets, and 
especially at the end of the feast, when libations 
were poured out to the gods, was very ancient. It 
is mentioned by Alcman, who lived in the seventh 
century B.C. 10 The paean continued to be sung on 
such occasions till a late period. 11 

PiEDAGO'GIA. {Vid. P^dagogus.) 

P^EDAGO'GUS (Tracdaycjyoc), a Tutor. The of- 
fice of tutor in a Grecian family of rank and opu- 
lence 12 was assigned to one of the most trustworthy 
of the slaves. The sons of his master were com- 
mitted to his care on attaining their sixth or seventh 
year, their previous education having been conduct- 
ed by females. They remained with the tutor 
{magistcr) until they attained the age c.f puberty. 13 
His duty was rather to guard them from evil, both 
physical and moral, than to communicate instruc- 
tion, to cultivate their minds, or to impart accom- 
plishments. He went with them to and from the 
school or the Gymnasium ; 14 he accompanied them 
out of doors on all occasions ; he was responsible 
for their personal safety, and for their avoidance of 
bad company. 15 The formation of their morals by 
direct superintendence belonged to the iraidovdfioi 
as public officers j and their instruction in the vari- 
ous branches of learning, i. e., in grammar, music, 
and gymnastics, to the didacnaJkoi or prccceptores, 
whom Plato, 16 Xenophon, 17 Plutarch, 18 and Quin- 
tilian 19 expressly distinguish from the pcedagogi. 
These latter even carried the books and instruments 
which were requisite for their young masters in 
studying under the sophists and professors. 

This account of the office is sufficient to explain 
why the Tcatdayuyoc so often appears on the Greek 
stage, both in tragedy, as in the Medea, Phcenissa, 
•md Ion of Euripides, and in comedy, as in the Bac- 
xhides of Plautus. The condition of slavery ac- 

1. (Tbucyd., i., 50 ; iv., 43 ; ii., 91 ; vii., 44. — Xen., Anab., i., 
P, 17, &e.)— 2. (Plut., Lye, 22.)— 3. (i., 50.)— 4. (Eode, Gesch. 
iev Lyrisch. D.chlkunst der Hellenen, vol. i., p. 9, 10, &c.) — 5. 
(Hell., iv., 7, > 4.)— 6. (Anab., iii., 2, t> 9.)— 7. (Plut., Cleom., 
16.)— 8. (Athen., xv., p. 696, e.,/.)— 9. (Plut., Flam., 16.)— 10. 
(Strab., x., p. 482.) — 11. (Xen., Symp., ii., 1. — Plut., Symp., 
vii., 8, <) 4.)— 12. (Plato, De Repub., i., p. 87, ed. Bekker.— Id., 
De Leg, vii., p. 41, 42.)— 13. (Ter., Andr., I., i., 24.)— 14. 
(Ptato, Lysis., p 118.)— 15. (Bato ap. Athen., vii., p. 279.)— 16 
(11. i;c.)— 17. (De Lac. Rep., ii., 1 ; iii., 2.)— 18. (De Lib. Ed. * ' 
I'i (Inst. Or., I., i., 8, 9.) 
6<™ 



counts for the circumstance, tuat the tutor wa* 
often a Thracian, 1 an Asiatic, as is indicated by 
such names as Lydus, 2 and sometimes a eunuch.' 
Hence, also, we see why these persons spoke 
Greek with a foreign accent (virodapdapifrvTec*). On 
rare occasions the tutor was admitted to the pres- 
ence of the daughters, as when the slave, sustaining 
this office in the royal palace at Thebes, accompa- 
nies Antigone while she surveys the besieging army 
from the tower. 5 

Among the Romans, the attendance of the tutoi 
on girls as well as boys was much more frequent, 
as they were not confined at home according to the 
Grecian custom. 6 As luxury advanced under the 
emperors, .t was strikingly manifested in the dress 
and training of the beautiful young slaves who 
were destined to become pcedagogi, cr, as they were 
also termed, pcedagogia and pueri pcedagogiani. 7 Au- 
gustus assigned to them a separate place, near his 
own, at the public spectacles. 8 Nero gave offence 
by causing free boys to be brought up in the 
delicate habits of paedagogi. 9 After this period 
numbers of them were attached to the imperial 
family for the sake of taste and ornament, and not 
only is the modern word page a corruption of the 
ancient appellation, but it aptly expresses the na- 
ture of the service which the paedagogia at this later 
era afforded. 

In palaces and other great houses the pages slept 
and lived in a separate apartment, which was also 
called pcedagoginm. 10 

*PiEDEROS (Tratdepoc), I. a name applied to 
the Opal. (Vid. Opalus.) — II. Most probably the 
same as the aaika^ 'Ap/cadwv, or, in other words, 
according to Sprengel, the Quercus faginea. 11 

PiE'NULA was a thick cloak, chiefly used by the 
Romans in travelling instead of the toga, as a pro- 
tection against the cold and rain. 12 Hence we find 
the expression of scindere pcsnulam} 3 used in the 
sense of greatly pressing a traveller to stay at one's 
house. The peenula was worn by women as w^l 
as by men in travelling. 14 It appears to have been 
a long cloak without sleeves, and with only an open- 
ing for the head, as is shown in the following fig 
ure taken from Bartholini. If this is a real exam 
pie of a paenula, it would seem that the dress was 




1. (Plato, Alcib., i., p. 341, ed. Bnkker.)— 2. (Plaut., 1. c.)— 3 
(Herod., viii.. 75. — Corn. Nep , Theraist., iv., 3. — Polyjen., i., 
30, 2.)— 4. (Plato, Lysis., p. 145, ed. Bekker.)— 5. (Eunp., 
Phcen., 87-210.)— 6. (Val. Max., vi., 1, 3.)— 7. (Plin., H. N., 
xxxiii., 12, s. 54.— Sen., Epist., 124. — Id., De Vita Beata, 17.— 
Tertull., Apol., 13.) —8. (Sueton., Octav., 44.) — 9 (Sueton., 
Ner., 28.)— 10. (Plin., Epist., vii., 27.)— 11. (Pausan., ii., 10.— 
Adams, Append , s. v.) — 12. (Cic., Pro Mil., 20. — Quintil., vi., 
3, t> 66.)— 13. (C.c. ad Att., xiii., 33.)— 14 (Dig. 34, tit. 2, s. 23 ) 



PAIDONGMOS 



PAINTING 



ge wed in front about hall way down, and was divi- 
ded into two parts, which might be thrown back 
by the wearer so as to leave the arms comparative- 
ly free : it must have been put on over the head. 
This figure explains the expression of Cicero, 1 
" panula irretitus ;" and of the author of the Dia- 
logus de Oratoribus, 2 " pamulis adstricti et velut in- 
clusi." 

Under the emperors the paenula was worn in the 
city as a protection against the rain and cold, 3 but 
women were forbidden by Alexander Severus to 
wear ii in the city.* At one time, however, the 
paenula appears to have been commonly worn in 
the city instead of the toga, as we even find men- 
tion of orators wearing it when pleading causes; 5 
but this fashion was probably of short duration. 

The paenula was usually made of wool, 6 and par- 
ticularly of that kind which was called Gausapa 
{vid. Gausapa) (panula gaxisapina 1 ). It was also 
sometimes made of leather (pamula scortca*). Sen- 
eca 9 speaks of "pcenula: aut scortece," but he ap- 
pears only to use this expression because paenulas 
were usually made of wool. 10 

*PJSON'IA (iraiovia), the same with the Glycy- 
side (yXvuvaidn) or Paeony, which see. 

PAGANA'LIA. {Vid. Pagi.) 

PAGA'NI. ( Tzd. Pagi.) 

PAGA'NICA. {Vid. Pila.) 

PAGI were fortified places, to which the coun- 
try-people might retreat in ~.ase of a hostile inroad, 
and are said to have been instituted by Servius 
Tullius, 11 though the division of the country-people 
into pagi is as old as the time of Numa. 12 Each of 
the country tribes was divided into a certain num- 
ber of pagi, which name was given to the country 
adjoining ths fortified village as well as to the vil- 
lage itself. There was a magistrate at the head of 
each pagus, who kept a register of the names and 
of the property of all persons in the pagus, raised 
the taxes, and summoned the people, when neces- 
sary, to war. Each pagus had its own sacred rites, 
and an annual festival called Paganalia. 13 The pa- 
gani, or inhabitants, of the pagi, had their regular 
meetings, at which they passed resolutions, many of 
which have come down to us. 1 * The division of 
the country-people into pagi continued to the latest 
times of the Roman Empire, and we find frequent 
mention of the magistrates of the pagi under the 
names of magistri, praefecti, or praepositi pagorum 15 . 

The term pagani is often used in opposition to 
milites, and is applied to all who were not soldiers, 
even though they did not live in the country {mili- 
tes et pagani 16 ). Hence we find pagani or citizens 
applied as a term of reproach to soldiers who did 
not perform their duty, 17 in the same way as Julius 
Caesar addressed his rebellious soldiers on one oc- 
casion as Quirites. The Christian writers gave the 
name of pagani to those persons who adhered to 
the old Roman rel'gion, because the latter continued 
to be generally believed by the country-people after 
Christianity became the prevailing religion of the 
inhabitants of the towns. 

PAIDONGMOS {iratdovouoc) was a magistrate 
at Sparta, who had the general superintendence of 
the education of the boys. His office was consid- 



1. (Pro Mil., 1. c.)— 2. (c. 39.) — 3. (Juv., v., 79.)— 4. (Lam- 
crid., Alex. Sev., 27.)— 5. (Dial., De Orat., 39.) — 6. (Plin., H. 
If., viii., 48, s. 73.)— 7. (Mart., xiv., 145.)— 8. (Mart., xiv., 130.) 
-9. (Qu*st. Nat., iv., 6.)— 10. (Bartholini, "De Pienula."— 
Bekker, Gallus, ii., p. 93.) — 11. (Dionys. Hal., iv., 15.) — 12. 
(Dionys. Hal., ii., 76.) — 13. (Dionys. Hal., iv., 15. — Varro, De 
Lin?. Lat., vi., 24, 26, ed. Miiller.— Macrob., Sat.,i., 16.— Ovid, 
Fast., i., 669.)— 14. (Orelli, Ir.scr., n. 3793,4088, 106,202,2177.) 
—15. (Orelli, Inscr., u. 121, 3795, 3796.— Cod. Theod., 2, tit. 30, 
8. 1 ; 8, tit. 15, s. 1. — Walter, Geschichte des Rom. Rechts, p. 
30, 3S4.)— 16. (Plin., Ep., x., 18.— Juv., xvi., 32.— Suet., Octav., 
27; Galba, 19.— Di ? . 11, tit. 4, s. 1 ; 48, tit. 19, s. 14,<fec.)— 17. 
(Tacit., Hist., iii., 24.) 



ered very honourable, and he wi/a always cnoser 
from the noblest citizens. He had to make a gen- 
eral inspection of the boys, and to punish very se- 
verely all those who had been negligent or idle , 
for which purpose fiaTiyoQopot, were assigned to him 
by Lycurgus. Those who were refractory he might 
bring before the ephors. The more immediate in- 
spection of the gymnastic exercises of the boya 
belonged to magistrates called ftidiaioi. 1 [Vid. Bi 

DLffil.) 

PAIDOTRIBAI {naidorpiBai). {Vid. Gymnasi 
um, p. 483.) 

PAINTING {Pictura; Ars delineandi ; Tpafyfj, 
Tpaqunr}, Zuypaipia). I. The art of imitating the 
appearances of bodies upon an even surface, bjf 
means of light and shade of colour, was an art 
most extensively cultivated by the ancients, but 
especially by the Greeks, among whom it was cer 
tainly carried to the highest degree of technical de- 
velopment. 

II. Authorities. — The principal original sources of 
information upon the history of ancient art, are 
Pausanias, the elder Pliny, and Quintilian ; the 
writings also of Lucian, JElian, Aristotle, Athenae- 
us, Plutarch, the elder and younger Philostratus. 
and Cicero, contain many hints and maxims inval 
uable to the historian of art. The best modern 
works on the subject are: Junius, "De Pictura 
Veterum," and the " Catalogus Artificum," Roter., 
1694, folio, which contain almost all the passages 
in ancient authors relating to the arts ; but the 
Catalogue is the more valuable portion of the work 
Sillig, " Catalogus Artificum," Dresden, 1827, 8vo, 
an indispensable supplement to the Catalogue of Ju- 
nius ; this excellent w r ork, written equally for the 
scholar and the artist, has been translated into Eng- 
lish under the title of a " Dictionary of the Artists 
of Antiquity," 1837 (an important error, however, 
in this translation demands notice ; the term enam- 
el is throughout erroneously used in the place of 
encaustic) ; Miiller, "Handbuch der Archaologie der 
Kunst," Breslau, 1835, 8vo, 2d ed., a most useful 
work, but written more for the antiquary than the 
artist ; Bottiger, " Ideen zur Archaologie der Male- 
rei," Dresden, 1811, 8vo, first part, from the earli- 
est times until Polygnotus and his contemporaries, 
inclusive ; Durand, " Histoire de la Peinture An- 
cienne," London, 1725, folio, a translation of book 
xxxv. of Pliny, with copious notes ; Carlo Dati, 
" Vite dei Pittori Antichi," Florence, 1667, 4to, the 
lives of Zeuxis, Parrhasius, Apelles, and Protoge- 
nes; Thiersch, " Ueber die epochen der bildenden 
Kunst unter den Griechen," Munich, 1829, 8vo., 
2d ed. ; Raoul Rochette, " Recherches sur l'em- 
ploi de la Peinture," &c., Paris, 1836, 4to. ; and the 
lectures of Fuseli upon ancient painting, and of 
Flaxman upon sculpture. Other works have been 
written upon general and particular subjects bear- 
ing more or less upon painting, such as those of 
Heyne, Meyer, Hirt, Hermann, Kugler, Volkel, Ja- 
cobs, Creuzer, Grund, Caylus, Levesque, Millin, 
D'Hancarville, Quatremere de Quincy, Inghirami, 
Visconti, Millingen, and others too numerous to 
mention here. Of the celebrated work of Winckel- 
mann, " Geschichte der Kunst des Alterthums," 
only a very small portion is devoted to painting. 

III. Painting in its earliest state. — The legends 
relating to the origin of painting in Greece, though 
they may have no real historical value, are at least 
interesting to the lovers c f art. One legend, which 
is recorded by Pliny, 8 and is adverted to by Athen- 
agoras, 3 relates the origin of the delineation of a 

1. (Xen., Rep. Lac., ii., 2.— Id. ib., /ii., 10. — Id. ib., iv., 6.- 
Plut., Lye, 17 — Hesvch., s. v. — Krause, Gymnastik ui d Agou 
der Hellenen, p. 254,'677.)— 2. (H. N., xxxv., 43.) — 3 (Legat , 
Pro Christ., 14, p. 59, ed. Dechair.) 

699 



PAINTING. 



PAINTING. 



wiadow or shade (<r/«a, oKiaypaffi), which is the es- 
sential principle of design, the basis of the imita- 
tive and plastic arts. The legend runs as follows : 
The daughter of a certain Dibutades, a potter of 
Sicyon, at Corinth, struck with the shadow of her 
lover, who was about to leave her, cast by her 
lamp upon the wall, drew its outline (umbram ex fa- 
cie lineis circumscripsit) with such force and fidelity, 
that her father cut away the plaster within the out- 
line, and took an impression from the wall in clay, 
which he baked with the rest of his pottery. This 
singular production, according to tradition, was still 
preserved in Corinth until the destruction of the 
city by Mummius. There seem to be, however, 
other claimants to the honour of having invented 
skiagraphy (aiaaypa<pia). Athenagoras 2 mentions 
Saurias of" Samos, who traced his horse's shadow 
in the sun with the point of his spear, and Crato 
of Sicyon, whom he styles the inventor of drawing 
or outline (ypaeuc?/), for he was the first to practise 
the art upon tablets with prepared grounds (kv -k'l- 
vani XeTievKu/iivG)). Pliny 3 mentions, upon the tes- 
timony of Aristotle, that Euchir (Evxeip), a relation 
of Daedalus, invented painting in Greece. Although 
Pliny's account* of the origin and progress of paint- 
ing in Greece is somewhat circumstantial, his in- 
formation can still not be considered as authentic 
matter of history ; and the existence of several of 
the most ancient artists, mentioned by Pliny and 
many Greek writers, is very questionable. Besides 
those already spoken of, we find mention of Philo- 
cles of Egypt ; Cleanthes, Ardices, and Cleophan- 
lus of Corinth ; Telephanes of Sicyon, Eugrammus, 
and others. (Upon the meanings of some of these 
names, see Bottiger, Ideen zur Archaologie, p. 138, 
and Thiersch, Epoch., &c, note 22.) 

Sculpture is generally supposed to be a more an- 
cient art than painting ; but this arises from an im- 
p.?rfect comprehension of the nature of the two arts, 
which are one in origin, end, and principle, and dif- 
fer only in their development. Design is the basis 
of both; colour is essential to neither, nor can it be 
said to belong more particularly to the latter (ypa<f>- 
ucq) than to the former (TrAatxuic?). Coloured works 
in plastic, in imitation of nature, were in ancient 
times as common, and probably more so, than col- 
oured designs; the majority of the illustrations 
upon the vases are colourless. The staining of the 
human body, or the colouring of images, is the com- 
mon notion of the origin of painting ; but simple 
colouring and painting, strictly speaking, are quite 
distinct ; the distinction between "to colour," ^pw- 
jEtv, color em inducer e, and "to paint," £uypa<j>rfv, 
vingere, delineare. 5 The colouring of the early wood- 
en images, the ancient tjoava or the kpfial, the vraA- 
7Mia and the daidaAa, must have certainly prece- 
ded any important essays in painting, or the repre- 
sentation of forms upon an even surface by means 
of colour and light and shade combined. But this 
is no stage in the art of painting, and these figures 
were most probably coloured by the artists who 
made them, by the old TrAaarat or fpfioyXvcpai them- 
selves ; the existence, however, of the art of design 
is established by the existence of the plastic art. 
It is perhaps to this species of painting that Pliny 
alludes when he says, 6 " Plastce laudatissimi fuere 
Damophilus et Gorgasus iidemque pictorcs." 

We will now, as briefly as possible, consider the 
gradual development of painting, and the informa- 
tion relating to its progressive steps, preserved in 
ancient writers. The simplest form of design or 
drawing (ypafacri) is the outline of a shadow, with- 
out any intermediate markings, or the shape of a 



) (Pollux, Onom., vii., 128.)— 2. (1. c.)— 3. (H. N., vii., 57.) 
t. (H. N., xxxv., 5.)— 5. (Pollux, Onom.. vii., ]2G.)— 6. (xxxv., 



*■) 



700 



shadow itself (a silhouette), in black, white, %r In 
colour {umbra homims tineis circumducta) ; this kind 
of drawing was termed oKiaypafyia. But this sim- 
ple figure or shade, onia (crKiaypdfi/ia), when in col- 
our, was also essentially a monochrom (fiovoxpu/na- 
rov). The next step was the outline, the " pictura 
linearis," the monogram (fj.ovoypafifj.ov) ; this is said 
to have been invented by Philocles of Egypt or 
Cleanthes of Corinth, but first practised by Ardices 
of Corinth and Telephanes of Sicyon ; it was the 
complete outline with the inner markings, still with- 
out colour, such as we find upon the ancient vases, 
or such as the celebrated designs of Flaxman, which 
are perfect monograms. These outlines were most 
probably originally practised upon a white ground 
(ev TtivaKL XeAevKofxevu), for Pliny remarks that they 
were first coloured by Cleophantus of Corinth, w T ho 
used " testa trita," by which we should perhaps un- 
derstand that he was the first to draw them upon a 
coloured or red ground, such as that of the vases. 1 

The next step is the more perfect form of the 
monochrom, alluded to above ; in this, light and 
shade were introduced, and in its most perfect state 
it was, in everything that is essential, a perfect 
picture. " These " monochromata" were practised 
in all times, and by the greatest masters. Pliny, 
speaking of Zeuxis, 8 says, u pinxit et monochromata 
ex albo ;" ex albo, that is, in gray and gray, similar to 
the chiariscuri of the Italians. They are described 
by Quintilian, 3 " qui singulis pinxerunt coloribus, alia 
tamen eminentiora, alia reductiora fecerunt.'" They 
were painted also red in red. Pliny* tells us that 
the old masters painted them in vermilion, " Cin- 
nabari veteres, qua. etiam nunc vacant chromata, pinge- 
bant" and also in red lead, but that afterward the 
rubrica or red ochre was substituted for these col 
ours, being of a more delicate and more agreeable 
tint. 

Hygiemon, Dinias, and Charmadas are men- 
tioned by Pliny 5 as having been famous ancient 
monochromists ; their age is not known, but they 
most probably practised the simpler form, such as 
we find upon the most ancient vases. Four monc- 
chroms in the latter style, red in red, were discov- 
ered in Herculaneum. 6 They are paintings of a 
late date, and are of considerable merit in every re- 
spect, but the colours have been nearly destroyed 
by the heat, and the pictures are in some places de- 
faced ; they are painted upon marble. They were 
probably all executed by the same artist, Alexander 
of Athens. AAESANAP02 A0HNAIO2 ETPA- 
$EN is an inscription upon one of them, 7 which 
represents five females, with their names attached, 
two of whom are playing at the ancient game with 
the tali (aoTpaya2.ic/u6c). These tablets are in the 
collection of ancient paintings of the Museo-Bor- 
bonico at Naples, Nos. 408, 409, 410, 411. 

The next and last essential step towards the full 
development or establishment of the art of painting 
(faypatpia) was the proper application of local col- 
ours in accordance with nature. This is, however, 
quite a distinct process from the simple application 
of a variety of colours before light and shade were 
properly understood, although each subject may 
have had its own absolute colour. The local colour 
of an object is the colour or appearance it assumes 
in a particular light or position, which colour de- 
pends upon, and changes with, the light and the 
surrounding objects ; this was not thoroughly un- 
derstood until a very late period, but there will be 
occasion to speak of this hereafter. Probably Eu- 
marus of Athens, and certainly Cimon of Cleonae, 
belonged to the class of ancient tetrachromists ot 

1. (Plm.,H.N.,xxxv.,5.)— 2. (xxxv., 36.)-3. (xi., 3,646.)— 
4. (xxxiiu, 39.)— 5. (xxxv., 34.) —6. (Le AutichitA d'Ercolauo^ 
vol. i., pi. 1.2. 3. 4.)— 7. (v\. 1 ) 



PAINTING. 



PAINTING. 



polychromists, for painting in a variety of colours, 
without a due, or, at least, a partial observance of 
the laws of light and shade, is simply polychromy ; 
and a picture of this latter description is a much 
more simple effort than the rudest forms of the 
monochrom in chiaroscuro. There are a few exam- 
pins of this kind of polychrom upon the most ancient 
vases. In the works of Eumarus of Athens, how- 
ever, there must have been some attention to light 
and shade, and in those of Cimon of Cleonae still 
more. The names of Eumarus and Cimon are 
generally connected with each other, but Eumarus 
must have preceded Cimon some time. He was 
the first, according to Pliny, 1 who distinguished 
the male from the female in painting : " qui primus 
in pictura mar em feminamque discreverit, . . .figuras 
omnes imitari ausum." The most obvious distinction 
which here suggests itself can be scarcely alluded 
to by Pliny, or Eumarus must belong to a very early 
period, for we find that distinction very decidedly 
given on even the most ancient vases, whenever 
the figure is naked. That Eumarus dared or ven- 
tured to imitate all figures, may imply that he made 
every distinction between the male and the female, 
giving also to each sex a characteristic style of de- 
sign, and even in the compositions, draperies, atti- 
tudes, and complexions of his figures, clearly illus- 
trating the dispositions and attributes of each, ex- 
hibiting a robust and vigorous form in the males, 
and making the females slighter and more delicate. 
These qualities are all perfectly compatible with the 
imperfect state of the art of even so early a period, 
and they may also be very evident, notwithstanding 
ill-arranged composition, defective design, crude 
colour, and a hard and tasteless execution. 

IV. Painting in Asia Minor and in Magna Gra- 
tia. — It is singular that the poems of Homer do not 
contain any mention of painting as an imitative art, 
nor is there mention of any artist similar to Daeda- 
lus, or Hephaestus, or Vulcan, who might represent 
the class of painters. This is the more remark- 
able, since Homer speaks of rich and elaborate em- 
broidery as something not uncommon ; it is suffi- 
cient to mention the splendid diplax of Helen, 3 in 
which were worked many battles of the Greeks and 
Trojans fought on her account. This embroidery 
is actual painting in principle, and is a species of 
painting in practice ; and it was considered such by 
the Romans, who termed it " pictura textilis," 3 
" textili stragulo, magnificis operibus picto ;"* that is, 
painted with the needle, embroidered, acu picto 
(pingebat acu; 5 pictus acu 6 ). The various allusions 
also to other arts, similar in nature to painting, are 
sufficient to prove that painting must have existed 
in some degree in Homer's time, although the only 
kind of painting he notices is the " red-cheeked" 
and " purple-cheeked ships" (vjjee \iCkro-Kapnoi ; 7 
viae QotvLKOTrapyovc.*), and an ivory ornament for 
the faces of horses, which a Maeonian or Carian 
woman colours with purple. 9 The description of the 
shield of Achilles, worked by Vulcan in various 
coloured metals, satisfactorily establishes the fact 
that the plastic art must have attained a consider- 
able degree of development in the time of Homer, 
*nd therefore determines also the existence of the 
Art of design (ars delincandi ; ypafyLnrj). 

Painting seems to have made considerable prog- 
resi in Asia Minor, while it was still in its infancy 
in Greece, for Candaules, king of Lydia (B.C. 716), 
is said to have purchased at a high price a painting 
of Bularchus, which represented a battle of the 
Magnetes. 10 This tradition, however, is rejected by 

t Vxi"^-' 34 -) -2 - (Hi"'-. 126.)— 3. (Cic, Verr., II., iv., 1.) 
4. (Id Tusc., v.,21.)-5. (Ovid, Met., vi., 23.)— 6. (Virgin,, 

1a' 5 S?- ,) ~I- fIL ' "•' 637 -)~8- (Od., xi., 123.)-9. (Ii., iv., 141.) 
10 fPlm., H. N., xxxv., 34.) 



Muller, 1 for the insufficient reason that Pliny, in Ihe 
second passage quoted, uses the expression " Mag- 
netum exitii or excidii" instead of " Magnctum proc- 
Hum," as in the first, ; since the only known de 
struction of Magnesia took place, according to Ar- 
chilochus. through the Treres, under Ardys, the 
successor of Gyges, after Olym. 26 (B.C. 677), 
about 40 years after the death of Candaules. This 
date is, however, doubtful ; but, supposing the con- 
trary, the expression " in qua erat Magnctum prct- 
lium" is sufficiently clear and decisive, independent- 
ly of it. 3 It would appear, from the expression of 
Pliny, 3 that Candaules paid the painter as much 
gold coin as would cover the picture. This paint- 
ing of Bularchus is not an isolated fact in evidence 
of the early cultivation of painting in Asia ; there 
is a remarkable passage in Ezekiel, who prophesied 
about 600 B.C., relating to pictures of the Assyri- 
ans :* " Men portrayed upon the wall, the images 
of the Chaldeans portrayed with vermilion, girded 
with girdles upon their loins, exceeding in dyed at- 
tire upon their heads, all of them princes to look to, 
after the manner of the Babylonians of Chaldea, tho 
land of their nativity." 

The old Ionic or Asiatic painting, the " genus pic- 
tures Asiaticum," as Pliny 5 terms it, most probably 
flourished at the same time with the Ionic architec- 
ture, and continued as an independent school until 
the sixth century B.C., when the Ionians lost their 
liberty, and with their liberty their art. Herodotus 6 
mentions that, when Harpagus besieged the town of 
Phocaea (B.C. 544), the inhabitants collected all 
their valuables, their statues and votive offerings 
from the temples, leaving only their paintings, and 
such works in metal or of stone as could not easilj 
be removed, and fled with them to the island of 
Chios ; from which we may conclude that paintings 
were not only valued by the Phocaeans, but also 
common among them. Herodotus 7 also informs us 
that Mandrocles of Samos, who constructed for Da- 
rius Hystaspis the bridge of boats across the Bos- 
porus (B.C. 508), had a picture painted represent- 
ing the passage of Darius's army, and the king seat 
ed on a throne, reviewing the troops as they passed, 
which he dedicated in the Temple of Hera at 
Samos. 

After the conquest of Ionia, Samos became the 
seat of the arts. 8 The Heraeum at Samos, in which 
the picture of Mandrocles was placed, was a gener- 
al depository for works of art, and in the time of 
Strabo appears to have been particularly rich in 
paintings, for he terms it a " picture-gallery" (iriv- 
aKodf/K'n 9 ). Consecrated or votive pictures on pan- 
els or tablets {mvanee avaKeifxivoi or ypa<pai avarcei- 
fievai) constituted a considerable portion of the 
avadT/fj.ara or votive offerings in the temples ot 
Greece, most of which, in a later period, had a dis- 
tinct building or gallery (olKnpa) attached to them, 
disposed for the reception of pictures and work* of 
this class. 10 

After the decline of the Ionian art, it flourished 
among the Greeks in Italy and Sicily, and especial- 
ly in Crotona, Sybaris, and Tarentum. Aristotle 11 
speaks of a magnificent cloth or pallium (i/xdnov) of 
Alcisthenes of Sybaris, which measured 15 cubits, 
was of the richest purple, and in it were worked 
the representations of cities, of gods, and of men. 
It came afterward into the possession of the tyrant 
Dionysius the elder, who sold it to the Carthagin- 
ians for 120 talents. This is sufficient evidence o' 
the existence of painting among the Italiots, and 
even of painting of a high degree. 

1. (Ai.haol.,&c, l) 74.)— 2. (Vid. Clinton, Fast. Helku , tab. 
712, 3.)— 3. (vii., 39.)— 4. (xxiii., 14, 15.)— 5. (xxxv., 36, & 75.) 
—6. (i., 164.)— 7. (iv., 88.1— 8. (Herod., iii., 60.) — 9. (xiv., p 
637.)— 10. (Paus., i., 22, v 4 ; x., 25, v 1, 2.— Athenaeus, xiii., p 
606, b.— Strabo, ix., p. 395 <— 11. (De Mirab. Auscult., c 99.) 

701 



PAINTING. 



PAINTING. 



Pliny would induce us to believe that painting 
was established throughout Italy as early as the 
time of Tarquinius Priscus. 1 He mentions some 
most ancient paintings at Caere ; and a naked group 
of Helen and Atalanta, of beautiful forms, painted 
upon the wall of a temple at Lanuvium, and some 
paintings by the same artist in the Temple of Juno 
at Ardea, accompanied with an inscription in an- 
cient Latin characters, recording the name of the 
artist and the gratitude of Ardea. 8 

V. Painting in Greece. — Cimon of Cleonfe is the 
first important character we meet with in the histo- 
ry of painting in Greece. His exact period is very 
uncertain, but he was probably a contemporary of 
Solon, and lived at least a century before Polygno- 
tus. It is not at all necessary, as Pliny supposes, 
that he must have preceded Bularchus, which would 
place him two centuries earlier, as he may have 
easily acquired the art in one of the Ionian cities, 
for in the time of Solon there was a very extensive 
intercourse between Greece and the Asiatic colo- 
nies. The superior quality of the works of Cimon, 
to which Pliny and iKlian bear sufficient testimony, 
is a strong reason for assigning him a later date ; 
but his having been contemporary with Dionysius 
of Colophon, who copied the works of Polygnotus, 
is quite out of the question. This has been in- 
ferred from the occurrence of the name Cimon in 
connexion with that of Dionysius in Simonides; 3 
but, as Muller 4 has observed, Mlkqv ought to be 
there most probably substituted for Kifiuv. 

Cimon improved upon the inventions of Eumarus ; 
he was the first who made foreshortenings {catagra- 
pha), and drew the figure in a variety of attitudes ; 
he first made muscular articulations, indicated the 
veins, and gave natural folds to drapery. 5 The 
term " catagrapha," which Pliny uses, evidently 
signifies any oblique view of the figure or counte- 
nance whatever, whether in profile or otherwise ; 
in technical language, foreshortenings. 

We learn from ^Elian 6 that Cimon was much bet- 
ter paid for his works than any of his predecessors. 
This alone implies a great superiority in his works 
and a vast improvement in art. He appears to have 
emancipated painting from its archaic rigidity ; and 
his works probably occupied a middle place between 
the productions of the earlier school and those of 
Polygnotus of Thasos. 

At the time of Polygnotus (B.C. 460), partly on 
account of the changes which took place in the 
Greek character subsequent to the Persian invasion, 
and partly in consequence of his own great works 
in Athens and at Delphi, painting attracted the at- 
tention of all Greece ; but, previous to this time, 
the only cities that had paid any considerable atten- 
tion to it were JEgina, Sicyon, Corinth, and Athens. 
Sicyon and Corinth had long been famous for their 
paintings upon vases and upon articles of furniture ; 
the school of Athens was of much later date than 
the others, and had attained no celebrity whatever, 
until the arrival of Polygnotus from Thasos raised 
it to that pre-eminence which, through various cir- 
cumstances, it continued to maintain for more than 
two centuries, although very few of the great paint- 
ers of Greece were natives of Athens. 

It has been attempted hitherto, as far as our space 
would admit of, to trace the progressive steps of 
Grecian painting from its infancy until it attained 
that degree of development requisite to entitle it to 
the name of an independent art ; but, before enter- 
ing upon the consideration of the pamting of the 
Greeks in its complete development, it will be well 



I. (xxxv., 6.)— 2. (Plin., H. N., xxxv., 6, 37.)— 3. (Anthol. 
Palat.,ix., 758.— Append., ii., p. 648.)— 4. (ArchftoL, 4 99, 1.)— 
5. (xxxv., 34.)— 6. (V. H., viii., 8.) 
702 



to examine both their technic systems and their ems 
chanical means. 

VI. Technic. — Vehicles, Materials, 6fC. ((jxipfiaKih 
vkai, &c. x ). The Greeks painted with wax, resins, 
and in water-colours, to which they gave a propel 
consistency, according to the material upon which 
they painted, with gum (gummi), glue (glutinum), 
and the white of egg (ovi albumen) ; gum and glue 
were the most common. It does not appear that 
they ever painted in oil ; the only mention of oil in 
ancient writers in connexion with painting is the 
small quantity which entered into the composition 
of encaustic varnish, to temper it. 3 They painted 
upon wood, clay, plaster, stone, parchment, and can- 
vass ; the last was, according to one account, 3 not 
used till the time of Nero ; and though this state- 
ment appears to be doubtful (" depictam in tabula st- 
pariove imaginem rei" 4 ), the use of canvass must 
have been of late introduction, as there is no men- 
tion of it having been employed by the Greek paint- 
ers of the best periods. They generally painted 
upon panels or tablets (mvaKec, mvaKia, tabula, ta- 
bella), and very rarely, if ever, upon walls ; and an 
easel similar to what is now used was common 
among the ancients, who called it bnpiSae or nalv- 
6ac. & Even in the time of Pliny, when wall-paint- 
ing was common, those only who painted easel-pic- 
tures {tabula) were held in esteem : " sed nulla glo- 
ria artijicum est nisi eorum qui tabulas pinxere ;"' 
that is, those who painted history or fable upon 
panels, in what is termed the historic or great style, 
the megalographia of Vitruvius, 7 and the xpnaroypa- 
<pia of Plutarch. 8 These panels, when finished, weie 
fixed into frames of various descriptions and mate- 
rials, 9 and encased in walls. 10 The ornamental 
panel-painting in the houses of Pompeii is evident- 
ly an imitation of this more ancient and more costly 
system of decorating walls. The wood of which 
these panels or tablets were generally made was 
called larch (abies larix, larix femina, 'E/larj? 11 ), 
and they were grounded or prepared for painting 
with chalk or white plaster ; this prepared ground 
was termed levKUjxa, which term was applied, also, 
to the tablet itself when thus prepared 12 (ev nivaiu 
Tielevicufjie'vc) 13 ). 

The style or cestrum used in drawing and for 
spreading the wax colours, pointed at one end and 
broad and flat at the other, was termed ypatyic by 
the Greeks and cestrum by the Romans ; it waa 
generally made of metal. There is a representation 
of an instrument of this description in one of the 
paintings of Herculaneum. 14 The hair-pencil (peni> 
cillus, penicillum) was termed vnoypacjtic, and appa- 
rently, also, pa66lov (xpu&iv dca rov paSdiov : 15 vid. 
Letronne, Encaustic, Journ. des Sav., Sept., 1835, on 
the meaning of paSdiov). 

The ancients used also a palette very similar to 
that used by the moderns, although it appears that 
there is no absolute mention of the palette in any 
ancient author. The fact, however, is sufficiently 
attested by the figure of Painting discovered in the 
so-called Pantheon at Pompeii, which holds the pal- 
ette and brushes in her left hand. 16 In the same 
work (plate 98), a female who is painting is repre- 
sented holding something in her left hand which ap- 

1. (Pollux, Onom.,vii., 128.)— 2. (Vitruv.,vii.,9.— Plin., H.N. . 
xxxiii., 40.)— 3. (Plin., H. N., xxxv., 33.)— 4. (Quint., Inst. Or. 
vi., 1, <) 32.— Vid. Raoul Rochette, p. 331.)— 5. (Pollux, Onom,, 
vii., 129.)— 6. (xxxv., 37.) — 7. (vii., 4, 5.) — 8. (Arat., 13.)— 9. 
(Plin., xxxv., 45.)— 10. (Plin., H. N., xxxv., 10.— Cic. in Verr., 
iv., 55.— Dig. 19, tit. 1, s. 17, () 3.— Muller, Arch&ol., $ 319, 5.— 
Vid. Raoul Rochette, Sur l'emploi de la Peinture, &c, a work 
devoted to the discussion of this subject.) — 11. (Theophr., H. PL, 
iii., 9, 7.— Plin., H. N., xvi., 73.)— 12. (Suidas, s. v.)— 13. (Athen- 
ag., 1. c.) — 14. (Antichita d'Ercolano, vol. hi., pi. 45.) — 15. 
(Timaeus, Lex. Plat., s. v. Xpaivciv.) — 16. (Zahn, Die schonstea 
ornamente und merkwiirdigsten gemftlde aus Pompeii Hevlr" 1 * 
num und Stabiae, Berlin, 1828.) 



PAINTING 



PAINTING. 



peais to be a palette, but it is not well defined even 
in the original. (Museum of Naples, No. 383, " La 
femme Peintre," Pompei. In the Antichita d'Erco- 
lano, it is given as a female copying a Hermes, vol. 
vii., pi. 1.) In the grotesque drawing of a portrait- 
fainter at work, copied by Mazois 1 from a picture 
in the Casa Carolina at Pompeii, a small table serves 
as a palette, and stands close to his right hand ; it 
appears to have seventeen different tints upon it. 
It is most probable that the " tabella" of Pliny and 
the tuvukiov of Pollux (or even the irv!;iov*) signi- 
fied also palette as well as tablet. 

The ancient authors have left us less information 
concerning the media or vehicles ((puppaica) used by 
the painters of antiquity than on any other matter 
connected with ancient painting. Gum and glue, 
commis, gummi, glutinum, glutinum taurinum, were 
evidently in common use. 3 Pliny* speaks of a sar- 
cocolla {Penan Sarcocolla, Linnaeus) as a gum most 
useful to painters. The Greeks received it from 
Persia. 5 Its substance has been analyzed by M. 
Pelletier. 6 

Mastich, a resin of the Pistacia Lentiscus, now 
much used by painters, is also mentioned by Greek 
and Roman writers ; 7 the best was produced in the 
island of Chios. It was termed pnrivn axtvivn and 
uauTixTj, also uKavdtvr] fiauTixij, resina lentiscina, 
mastiche. There were various kinds ; Pliny men- 
tions a kind from Pontus which resembled bitumen. 
This resin was not improbably mixed with the Punic 
wax prepared for painting in encaustic ; for the 
Abate Requeno, who made many experiments in 
encaustic (Saggi sul ristabilimento deW antica arte 
dei Greet e Romani pittori, Parma, 1787), asserts 
that it amalgamates well with wax ; the same wri- 
ter is also of opinion that the ancient encaustic- 
painters used also amber {succinum) and frankin- 
cense or olibanum (Thus masculum) in the prepara- 
tion of their colours. Pliny, 8 speaking of verdigris, 
remarks that it was sometimes mixed with frankin- 
cense. He also mentions 9 other resins and sub- 
stances which are useful to painters, and 10 particu- 
larly turpentine ( terebinthina ), of which, as now, 
there were formerly various kinds. 11 

The method of preparing wax, or Punic wax (ce- 
nt, Pumca), as it was termed, is preserved in Pliny 12 
and Dioscorides. 13 It was the ordinary yellow wax, 
purified and bleached by being boiled three distinct 
times in sea- water, with a small quantity of nitre, 
applying fresh water each time. When taken out 
of the water the third time, it was covered with a 
thin cloth and placed in the sun to dry. Wax thus 
purified was mixed with all species of colours, and 
prepared for painting ; but it was applied, also, to 
many other uses, as polishing statues, walls, &c. 

Pliny speaks of two kinds of bitumen or asphaltum 
(u(T0a/lroc), the ordinary, and a white Babylonian bi- 
tumen. 1 * It was used as a varnish for bronze stat- 
ues. For an account of the colours used by the 
ancient painters, see the article Colores. 

VII. Methods of Painting. — There were two dis- 
tinct classes of painting practised by the ancients, 
in water colours and in wax, both of which were 
practised in various ways. Of the former, the prin- 
cipal were fresco, al fresco ; and the various kinds 
of distemper (a tempera), with glue, with the white 
of egg, or with gums (a guazzo) ; and with wax or 
resins when these were rendered by any means ve- 
hicles that could be worked with water. Wax be- 




comes a water-colour medium when boiled witc 
sarcocolla or mastich, according to the Abate Re- 
queno, who mixed five ounces of mastich with two 
of wax, which, when boiled, he cooled in a basin of 
water ; turpentine becomes such when well mixed 
with the white of egg and water. The yolk of egff, 
when mixed with vinegar, also makes a good work- 
ing vehicle for this species of painting, but it does 
not require water. Of the latter mode, or painting 
in wax, the principal was through fire (6ia Trvpoc), 
termed encaustic (kyKavariKrj, encaustica). The 
painting in wax, iaipcit<4£a, or ship-painting (ince- 
ramenta navium 1 ), was distinct from encaustic 3 (ktj- 
poypatyia /careTTiTrof/ciAro, which is distinct from el' 
Kovec . . . . kv eyKavfiaai ypacpo/ievat 6ia nvpoc 3 ). 

Fresco was probably little employed by the an- 
cients for works of imitative art, but it appears to 
have been the ordinary method of simply colouring 
walls, especially among the Romans. The walls 
were divided into compartments or panels, which 
were termed abaci, adanec ; the composition of the 
stucco, and the method of preparing the walls for 
painting, is described by Vitruvius.* They first cov- 
ered the wall with a layer of ordinary plaster, over 
which, when dry, were successively added three 
other layers of a finer quality, mixed with sand ; 
above these were placed still three layers of a com- 
position of chalk and marble dust, the upper one be- 
ing laid on before the under one was quite dry, and 
each succeeding coat being of a finer quality than 
the preceding. By this process the different layers 
were so bound together, that the whole mass form- 
ed one solid and beautiful slab, resembling marble, 
and was capable of being detached from the wall, 
and transported in a wooden frame to any distance. 3 
Vitruvius remarks that the composition of the an- 
cient Greek walls was so excellent, that persons 
were in the habit of cutting away slabs from them 
and converting them into tables, which had a very 
beautiful appearance. This colouring al fresco, in 
which the colours were mixed simply in water, as 
the term implies, was applied when the composi- 
tion was still wet (udo tectorio), and on that account 
was limited to certain colours, for no colours except 
earths can be employed in this way, that have not 
already stood the test of fire. Pliny 6 mentions those 
colours which could not be so employed : purpuris- 
sum, Indicum, caeruleum, Melinum, auripigmentum, 
Appianum, and cerussa ; instead of Melinum they 
used paraetonium, a white from Egypt, which was 
by the Romans considered the best of whites. ( Vid. 
Colores.) 

The care and skill required to execute a work in 
fresco, and the tedious and expensive process of 
preparing the walls, must have effectually excluded 
it from ordinary places. The majority of the walls 
in Pompeii are in common distemper ; but those of 
the better houses, not only in Pompeii, but in Rome 
and elsewhere, especially those which constitute 
the ground of pictures, are in fresco. All the pic- 
tures, however, are apparently in distemper of a su- 
perior kind, or a guazzo, but the impasto is of va- 
rious qualities ; in some it appears to have the con- 
sistency of oil painting without its defects, in others 
it is very inferior. 

Ordinary distemper, that is, with glue or size, is 
probably the most ancient species of painting ; many 
of the ancient ornamental friezes and painted bassi- 
relievi in the temples and ruins in Egypt, and also 
many of ihe most ancient remains in Italy, are 
painted in this manner. 

The fresco walls, when painted, were covered 
with an encaustic varnish, both to heighten the 

1. (Liv., ixviii., 45.) — 2. (Compare Atheo«ens, v., p. 204, b.\ 
—3. (Plut., Mor. Amator., 16.)— 4. (vii., 3.)— 5. (Vitruv., ii., 8. 
— Plin., H. N., xxxv., 49.)— 6. (xxxv., 31.) 

703 



fAINHNG. 



PAINTING. 



colours, and to preserve them from the injurious ef- 
fects of the sun or the weather. Vitruvius 1 describes 
the process as a Greek practice, which they termed 
Kavatg. When the wall was coloured and dry, Punic 
wax, melted and tempered with a little oil, was 
rubbed over it with a hard brush (seta) ; this was 
made smooth and even by applying a cautcrium 
(tcavTTjpiov), or an iron pan, filled with live coals, 
over the surface, as near to it as was just necessa- 
ry to melt the wax : it was then rubbed with a 
candle (wax"?) and a clean linen cloth in the way 
that naked marble statues were done. 2 The Abate 
Requeno supposes that the candles were used as a 
species of delicate cauterium, simply to keep the 
wax soft, that it might receive a polish from the 
friction of the linen ; but it is a subject that pre- 
sents considerable difficulty. 

This kind of varnish was applied apparently to 
plain walls only, for Sir Humphrey Davy discovered 
no remains whatever, in the baths of Titus, of an 
encaustic varnish upon paintings, although the plain 
walls had generally traces of a red varnish of this 
description. Neither Pliny nor Vitruvius mention 
anything about colour ; but this is evidently a most 
simple addition, and does not interfere at all either 
with the principle or the application of the varnish. 
Paintings may have possibly been executed upon 
the walls after they were thus varnished. 

A method apparently very generally practised by 
the Roman and later Greek painters was encaustic, 
which, according to Plutarch, 3 was the most durable 
of all methods ; it was in very little use by the ear- 
lier painters, and was not generally adopted until 
after the time of Alexander. Pliny* defines the 
term thus : " ceris pingere ac picturam inurere," to 
paint with wax or wax colours, and to burn in the 
picture afterward with the cauterium ; it appears, 
therefore, to have been the simple addition of the 
process of burning in to the ordinary method of 
painting with wax colours. There were various 
kinds of encaustic, with the pencil and with the 
cestrum ; but the difference between them cannot 
have been very great, for Pausias, whose style was 
in encaustic with the cestrum, nevertheless under- 
took to repair the paintings of Polygnotus at Thes- 
piae, which were painted in the ordinary manner, in 
water colours, with the pencil. Pliny, 5 in enumer- 
ating the most celebrated painters of antiquity, 
speaks separately of those who excelled in either 
class ; chap. 36 is devoted to those who painted in 
the ordinary method with the pencil, and chap. 40 
principally to those who painted in encaustic. Cerae 
(waxes) was the ordinary term for painters' colours 
among the Romans, but more especially encaustic 
colours, and they kept them in partitioned boxes, as 
painters do at present (" Pictores loculatas magnas 
habent arculas, ubi discolores sint cerce" 6 ). They were 
most probably kept dry in Ihese boxes, and the wet 
brush or pencil was ribbed upon them when colour 
was required, or they were moistened by the artist 
previous to commencing work. From the term 
cerae, it would appear that wax constituted the prin- 
cipal ingredient of the colouring vehicle used ; but 
this does not necessarily follow, and it is very im- 
probable that it did ; there must have been a great 
portion of gum or resin in the colours, or they could 
not have hardened. Wax was undoubtedly a most 
essential ingredient, since it apparently prevents 
the colours from cracking : cerae, therefore, might 
originally simply mean colours which contained 
wax, in contradistinction to those which did not, 
but was afterward applied generally by the Romans 
to the colours of painters, as, for instance, by Sta- 

1. (vii., 9.)— 2. (Compare Pirn., H. N., xxxiii., 40.)— 3. (1. c.) 
-4. (xxxv., 39.)— 5. (xxxv.)— 6. (Varro. De Re Rust., iii., 17.) 
701 



tius, 1 " ApellecB cuperent te scribere cerce." The sponge 
(anoyyia, spungia), spoken of by Pliny and other 
writers in connexion with painting, affords some 
proof that painting in water-colours was the meth- 
od generally practised by the ancient painters, 
which is also corroborated by the small vessel 
placed close to the palette or table of the portrait- 
painter of the Casa Carolina of Pompeii, evidently 
for the purpose of washing his single brush in. 
Seneca 2 notices the facility and rapidity with which 
a painter takes and lays on his colours. That wax 
or resins may be used as vehicles in water-coloura 
has been already mentioned. 

The origin of encaustic painting is unknown. It 
was practised in two ways with the cestrum, name- 
ly, in wax and on ivory, and in a third manner with 
the pencil. The last method, according to Pliny, 
was applied chiefly to ship-painting; the colours 
were laid on hot. His words are, " Encausto pin- 
gendi duo fuisse antiquitus genera constat, cera, et in 
ebore, cestro id est vinculo, donee classes pingi cee- 
pere. Hoc tertium accessit, resolutis igni ceris peni- 
cillo utendi, qua, pictura in navibus nee sole nee sale 
ventisque corrumpitur."* This passage, from its 
conciseness, presents many difficulties. " Cera, 
cestro,'''' that is, in wax with the cestrum ; this was 
the method of Pausias : " in ebore, cestro ;" this 
must have been a species of drawing with a hot 
point upon ivory, for it was, as is distinctly said, 
without wax, " cera, et in ebore.'''' The third meth- 
od, "resolutis igni ceris penicillo utendi,'''' though 
first employed on ships, was not necessarily con 
fined to ship-painting ; and if the assertion of Pliny 
is correct, it must have been a very different styl? 
of painting from the ship-colouring of Homer, since 
he says it was of a later date than the preceding 
methods. The " inceramenta navium'' 1 of Livy, and 
the unpoypatyia of Athenaeus, mentioned abo\e, ma) 
have been executed in this third method of Pliny ; 
the use of the cauterium, or process of burning in. 
is here not alluded to ; but, since he defined en 
caustic to be " ceris pingere ac picturam inurere,'' * 
its employment may be understood in this case 
also. It is difficult, however, to understand what 
effect the action of the cauterium could have in tho 
second method (in ebore, cestro), which was withoul 
wax. It would appear, therefore, that the defini- 
tion alluded to is the explanation of the first-men- 
tioned method only ; and it is probable that the an- 
cient methods of painting in encaustic were not only 
three, but several ; the Kavaiq of Vitruvius, men- 
tioned also by himself, is a fourth, and the various 
modes of ship-painting add others to the number. 
Pliny 5 himself speaks of " zopissa," a composition 
of wax and pitch, which was scraped from ships ; 
and it is difficult to suppose that the higher class of 
encaustic was practised with the cestrum only, 
since the pencil is such an infinitely more efficient 
instrument for the proper mixing and application of 
colours (Kepdo*iodat ru ^pay/ara, nai evuaipov noitlo- 
6ai tt]v £Ki6oXijr avruv 6 ). The wax-painting on the 
fictile vases, mentioned by Athenaeus, 7 can have 
been scarcely executed with the cestrum ; and it is 
also unlikely that it was done with hot colours, as 
the painting of the "figiinum opus'''' mentioned by 
Pliny 8 may have been. But as there were various* 
methods of painting in encaustic, it follows that ih<\ 
colours designed for this species of painting were 
also invariably prepared, and those which were 
suited for one style may have been quite unfit for 
another. All these styles, however, are compara- 
tively simple, compared with that of Pausias, in 
wax with the cestrum, " cera, cestro ;" and it is dif- 



— — ... . ,■■—, - .. .. , .. i ,. . ^i^ j . * 

100.)— 2 (Ep., 121, 5.)— 3. (xxxv., «.J— C 
n., 23.) — 6. (Lucian, Imag., 7, vol. ii., p. 465k 
6.)— 8. (xxxvi., 64.) 



1. (Sylv., I., i., ML., 
(xxxv., 39.) — 5. (xvi., 23.) — 6. (Lucian, Imag. 
» )— 7. (v , p. 200, 6.)— 8. (xxxvi., 64.) 



PAINTING. 



FAINTING. 



Ikcult for a modern practitioner to understand how 
a large and valuable picture could be produced by 
such a method, unless these colours of cerae, which 
painters of this class, according to Varro, 1 kept in 
partitioned boxes, were a species of wax crayons, 
which were worked upon the panel with the broad 
end of the cestrum (which may have had a rough 
edge), within an outline or monogram previously 
drawn or cut in with the pointed end, and were af- 
terward fixed, and toned or blended by the action of 
the cauterium. Painters w r ere in the habit of in- 
scribing the word hinavaev, " burned it in," upon 
pictures executed in encaustic, as Nt/fiaf kvEKavaev, 
AvoLTrros kvEKavoev* • 

VIII. Polychromy. — The practice of varnishing 
and polishing marble statues has been already inci- 
dentally noticed. The custom was very general ; 
ancient statues w r ere also often painted, and what 
is now termed polychrome sculpture was very com- 
mon in Greece, for the acrolithic and the chrys- 
elephantine statues were both of this description. 
Many works of the latter class, which were of ex- 
traordinary magnificence and costliness, are de- 
scribed by Pausanias. The term polychromy, thus 
applied, was apparently unknown to the ancients ; 
this species of painting is called by Plutarch 3 dyaA- 
uutuv iy/cavo-ic, and appears to have been executed 
by a distinct class of artists (dyaAfidruv b/navaraL). 
They are mentioned also by Plato,* ol dvdpidvrac 
ypddovrec . and if it is certain that Plato here al- 
ludes to painting statues, it is clear that they were 
occasionally entirely painted, in exact imitation of 
nature ; for he expressly remarks, that it is not by ap- 
plying a rich or beautiful colour to any particular part, 
but by giving its local colour to each part, that the 
whole is made beautiful {uXk' udpet el tu -xpoofjKovTa 
(tcdwroic uTrodidovree, to oAov kclAov iroiovfiev). That 
this was, however, not a general practice, is evident 
from the dialogue between Lycinus and Polystra- 
tus, in Lucian, 4 where it is clearly, though indirect- 
ly stated, that the Venus of Cnidus by Praxiteles, 
and other celebrated statues, were not coloured, 
although they may have been ornamented in parts, 
and covered with an encaustic varnish. 

The practice of colouring statues is undoubtedly 
as ancient as the art of statuary itself; although 
they were perhaps originally coloured more from a 
love of colour than from any design of improving 
the resemblance of the representation. The Jupi- 
ter of the Capitol, placed by Tarquinius Priscus, 
was coloured with minium. 6 In later times the 
custom seems to have been reduced to a system, 
and was practised with more reserve. Considera- 
ble attention also seems to have been paid to the 
effect of the object as a work of art. Praxiteles 
being asked which of his marble works he most ad- 
mired, answered, those which Nicias had a hand 
in, "guibus Nicias •nanum admovisset ;" so much, 
says Pliny, 7 did he attribute to his circumlitio. Ni- 
cias, therefore, wbi painted in encaustic, seems in 
his youth to have been an dyaAfidruv kyuavoTrjc, or 
painter of statue* and, from the approval of Prax- 
iteles, excelled apparently in this description of 
painting or colouring. 

This view differs very materially from those 
which have been hitherto advanced upon this sub- 
ject, but it has not been adopted without mature 
"■onsideration. 

In the " circumlitio" of Nicias, the naked form 
was, most probably, merely varnished, the colour- 
ing being applied only to the eyes, eyebrows, lips, 
and hair, to the draperies, and the various orna- 
ments of dress ; and there can be little doubt that 

1. (I. e.)— 2. (Plin., II. N., xxxv., 10, 39.)— 3. (De Glor. 
Athen., «.)— 4. (De Repub., iv., 420, c.)— 5. (Imag., 5, 8.)— 6. 
•Plm., xxxr., 45.)— 7. (xxxv., 40.) 
4 IT« 



fine statues, especially of females, when carcftiliy 
and tastefully coloured in this way, must have been 
extremely beautiful ; the encaustic varnish upon 
the white marble must have had very much the ef- 
fect of a pale transparent flesh. Gold was also 
abundantly employed upon ancient statues; the 
hair of the Venus de Medicis was gilded ; and in 
some, glass eyes and eyelashes of copper were h> 
serted, examples of which are still extant. 

The practice, also, of colouring architecture seema 
to have been unirersal among the Greeks, and very 
general among the Romans. It is difficult to define 
exactly what the system was, for there is scarcely 
any notice of it in ancient writers ; a few casual 
remarks in Vitruvius and Pausanias are all we pos- 
sess of any value. Our information is drawn chieflj 
from the observations of modern travellers ; for 
traces of colour have been found upon most of the 
architectural ruins of Greece, and upon the ancient 
monuments of Italy and Sicily ; but, with the ex- 
ception of the Doric ruins at Corinth and the Tem- 
ple of iEgina, which are not of marble, the colour- 
ing was confined to the mouldings and other orna- 
ments, the friezes, the metopes, and the tympana 
of the pediments. The exterior of the wall of the 
cella of the iEgina temple, and the columns of the 
Corinthian ruins, were covered with stucco and col- 
oured red. It does not appear that the exterior 
walls, when of marble, were ever coloured, for no 
traces of colour have been found upon them. At 
an early age, before the use of marble, when tht 
temples and public edifices were constructed most 
ly of wood, the use of colour must have been much 
more considerable and less systematic ; but, du 
ring the most refined ages, the colouring, otherwisf 
quite arbitrary, appears to have been strictly con 
fined to the ornamental parts. From the traces 
found upon ancient monuments, we are enabled to 
form a very tolerable idea of the ancient system of 
decorating mouldings. They were painted in vari- 
ous ways and in a great variety of colours, and a 
tasteful combination of colours must have added 
greatly to the effect of even the richest mouldings. 
The ordinary decorations were foliage, ova, and 
beads ; but upon the larger mouldings on which fo- 
liage was painted, the outlines of the leaves were 
first engraved in the stone. Gilding and metal- 
work were also introduced, particularly in the Doric 
order ; the architrave of the Parthenon at Athens 
was decorated with gilded shields. Friezes that 
were adorned with sculpture appear to have been 
invariably coloured, as also the tympana of the ped- 
iments ; in the Parthenon these parts were of a 
pale blue ; in some of the Sicilian monument red 
has been found. Some interior polychrome corni 
ces of Pompeii are given in the work of Zahn. 1 

In later times, among the Romans, the practice 
of colouring buildings seems to have degenerated 
into a mere taste for gaudy colours. Pliny and Vi- 
truvius both repeatedly deplore the corrupt taste of 
their own times. Vitruvius 2 observes that the dec- 
orations of the ancients were tastelessly laid aside, 
and that strong and gaudy colouring and prodigal 
expense were substituted for the beautiful effects 
produced by the skill of the ancient artists. Pom- 
peii, with much that is chaste and beautiful, haf 
many traces also of what Vitruvius and Pliny com 
plain of. Plate 99 of Zahn affords a beautiful spe- 
cimen of the ancient wall-painting of Pompeii in 
courts and interiors. For a farther account of this 
subject, see Kugler, " Uebcr die Polychromie der 
Gri'chischen Architectur und Sculptur und ihre Gren- 
zen," Berlin, 1835. 

IX. Vase Painting. — The fictile vase-painting 
of the Greeks was an art of itself, and was prac- 

I. (Pie •char-ten Omamente, &c, pi. 91.)— 2. (vii., 5.) 

705 



PAINTING. 



PAINTING. 



tisea by a distinct class of artists, 1 who must nave 
required peculiar instruction, and probably exer- 
cised the art according to a prescribed system. It 
is, however, impossible to say anything positive re- 
garding the history of this branch of ancient paint- 
ing, as scarcely anything is known. The designs 
upon these vases (which the Greeks termed Xt/kv- 
6ot) have been variously interpreted, but they have 
been generally considered to be in some way con- 
nected with the initiation into the Eleusinian and 
other mysteries. 2 They were given as prizes to the 
victors at the Panathenasa and other games, and 
seem to have been always buried with their owners 
at their death, for they have been discovered only in 
tombs. 

Vase-painting cannot be adduced to determine 
the general nature or character of ancient painting 
as a liberal or imitative art ; though the rude de- 
signs upon the vases throw considerable light upon 
the progressive development of the art as relates 
to style of design, and in some degree upon the 
principles of Grecian composition of the early times ; 
but their chief interest and value consist in the 
faithful pictures they afford of the traditions, cus- 
toms, and habits of the ancients. 

The ancient vase-painters were probably attached 
to the potteries, or the establishments in which the 
vases were made , or themselves constituted dis- 
tinct bodies, which, from the general similarity of 
styte and execution of the designs upon the vases, 
is not improbable. They do not seem to have been 
held in any esteem, for their names have not been 
preserved by any ancient writer ; and we only know 
the names of four, from their being inscribed upon 
the vases themselves, viz., Taleides, Assteas, Las- 
imos, and Calliphon. 3 

The words Ka'Aog and Kakh, found frequently upon 
he ancient vases, are explained to be simple ac- 
clamations of praise and approval, supposed to be 
addressed to the person to whom the vase was pre- 
sented ; the words are frequently preceded or fol- 
lowed by a name, evidently that of the person for 
whom the vase was designed. The inscription 
also i] iitue Kakrj has been found on some vases, 
which have probably been designed as presents for 
young females. D'Hancarville 4 supposes that vase- 
painting had entirely ceased about the time of the 
destruction of Corinth, and that the art of manu- 
facturing vases began to decline towards the reign 
of Trajan, and arrived at its last period about the 
time of the Antonines and Septimius Severus. 
Vase-painting had evidently ceased long before the 
time of Pliny, for in his time the painted vases 
were of immense value, and were much sought af- 
ter ; but the manufacture of the vases themselves 
appears to have been still extensive, for he himself 
mentions fourteen celebrated potteries of his own 
time, eight in Italy and six elsewhere. The vases, 
however, appear to have been merely remarkable 
for the fineness or durability of the clay and the el- 
egance of their shape. 5 For the composition of the 
clay with which these fictilia were made, see Fic- 
tile. 

Even in the time of the Empire, painted vases 
were termed " operis antiqui," and were then sought 
for in the ancient tombs of Campania and other 
parts of Magna Graecia. Suetonius 6 mentions the 
discovery of some vases of this description in the 
time of Julius Caesar, in clearing away some very 
ancient tombs at Capua. It is also remarkable, that 
not a single painted vase has been yet discovered in 

1. (Aristoph., Eccles., 995, 996, ed. Bekker.)— 2. (Lanzi, De' 
Vasi Antichi dipinti. — Christie, Disquisitions upon the painted 
Greek Vases.— Bottiger. T deen, &c.) — 3. (Millin, Peintures de 
Vases Antiques, vol. i., pi 3, pi. 44 ; vol. ii., pi. 37, pi. 61. — Mil- 
lingen, Anc. Uned. Mon., pi. 27.) — 4. (Collection of Vases, &c, 
Introd.)-5. (xxxv., 46.)— 6. (Jul. Oaes., 81 ) 
70G 



either Pompeii, Herculaneum, or Stabiae, which la 
of itself almost sufficient to prove that vase-paint- 
ing was not practised, and also that painted vases 
were extremely scarce. We may form some ides 
of their value from the statement of Pliny, 1 tha; 
they were more valuable than the Murrhine vases. 
(Vid. Murrhina Vasa.) The paintings on the va- 
ses, considered as works of art, vary exceedingly 
in the detail of the execution, although in style of 
design they may be arranged in two principal class 
es, the black and the yellow ; for those which do 
not come strictly under either of these two heads 
are either too few or vary too slightly to require a 
distinct classification. The majority of the vases 
that have been as yet discovered, have been found 
in ancient tombs about Capua and Nola. 

The black vases, or those with the black figures 
upon the stained reddish-yellow terra-cotta, the 
best of which were found at Nola, are the most an- 
cient, and their illustrations consist principally of 
representations from the early mythological tradi- 
tions ; but the style of these vases was sometimes 
imitated by later artists. (Plate 56, vol. iv., of 
D'Hancarville is an example.) The inferior exam- 
ples of this class have some of them traces of the 
graphis or cestrum upon them, which appear to 
have been made when the clay was still soft ; some 
also have lines or scratches upon the figures, which 
have been added when the painting was completed. 
The style of the design of these black figures, or 
skiagrams, is what has been termed the Egyptian or 
Daedalian style. The varieties in this style are oc- 
casionally a purple tint instead of the black ; or the 
addition of a red sash or a white vest, and some- 
times a white face and white hands and feet. A 
curious and interesting example of this kind of pol- 
ychrom, in black, red, and white, was discovered 
near Athens in 1813, representing on one side a Mi- 
nerva with a spear and shield, in the Daedalian 
style, and on the reverse, in a somewhat better 
style, a young man driving a biga of most anciei.t 
construction ; it is supposed to represent Erichtho- 
nius. Near the Minerva is the following inscrip- 
tion, written from right to left : TON A9ENE0N 
AG AON EMI, tg)v 'kdrjviuv udlov d\ii, "lam the 
prize of the Athenaea" (Panathenaea). It is sup- 
posed to be of the time of Solon. 2 

The vases with the yellow monograms, or, rather, 
the black monograms upon the yellow grounds, con 
stitute the mass of ancient vases. Their illustra 
tions are executed with various degrees of merit • 
those of inferior execution, also of this class, have 
traces of the graphis upon them, which appear to 
have been drawn upon the soft clay ; the only col 
our upon these, independent of that of the clay, is 
the dark back-ground, generally black, which renders 
the figures very prominent. The designs upon the 
better vases are also merely monograms, with the 
usual dark back-grounds, but there is a very great 
difference between the execution of tnese and that 
of those just alluded to ; there are no traces what- 
ever of the graphis upon them ; their outlines are 
drawn with the hair pencil, in colour, similar to that 
of the back-ground, which is a species of black var- 
nish, probably asphaltum ; or, perhaps, rather pre- 
pared with the gagates lapis (jef?) {yaydrrj^) of 
Pliny, for he remarks that it is indelible when used 
on this kind of earthenware. 3 

The best of these vases, which probably belong 
to about the time of Alexander, are conspicuous for 
a very correct style of design, although they are in- 
variably carelessly executed, especially in the ex- 
tremities, but exhibit, at the same time, a surprising 
facility of hand. The celebrated vase of Sir W. 

1. (xxxv., 46.)— 2. (M : llingen. Anc. Uned. Mon., pi 1.)— 3 
(xxxvi., 34 ) 






PAINTING 



PAir;':xis«i 



Hamilton's collection, now in the British Museam, 
the paintings of which represent Hercules and his 
companions in the gardens of the Hesperides, and 
the race of Atalanta and Hippomenes, exhibits, for 
design, composition, and execution, perhaps the 
finest specimen of ancient vase-painting that has 
been yet discovered : the style of design is perfect, 
but the execution, though on the whole laborious, 
is in many parts very careless. 1 

Tbere appears to be no example of the more per- 
fect monochrom 2 upon ancient vases, and examples 
of the polychrom are very rare. In Sir W. Hamil- 
ton's collection there are a few examples in which 
various colours have been added after the ordinary 
monogram has been completed, for they are not in- 
corporated with the vase, as the black and ground 
tints are, but are subject to scale, and are easily 
rubbed off. They consist of white, red, yellow, and 
blue colours. These vases are apparently of a la- 
ter date than the above, for the style of design is 
very inferior. 

The museums of Naples, Paris, London, and oth- 
er cities, afford abundant examples of these ancient 
vases ; the Museo Borbonico at Naples contains 
alone upward of 2500 specimens. The subjects of 
the illustrations are almost always connected with 
ancient mythology, and the execution is generally 
inferior to the composition. 

No opinion of the style of the designs upon an- 
cient vases can be formed from the generality of 
the great works purporting to illustrate them which 
have been published of late years. Very few are 
at all accurate in the lines and proportions, espe- 
cially of the extremities, and in some even the 
composition is not faithfully imitated. This is par- 
ticularly the case with the splendid works published 
by Dubois-Maissonneuve, Laborde, and some others, 
in which the illustrations are drawn with a care, 
precision, and uniformity of character quite foreign 
to the paintings on the vases. They all appear to 
be drawn rather according to common and perfect 
standards of the different styles, than to be the faith- 
ful imitations of distinct original designs. Plates 
25 and 26 of the first volume of Maissonneuve, pur- 
porting to be faithful imitations of the design upon 
the celebrated Nola vase (in the Museum at Naples, 
No. 1846), representing a scene from the destruc- 
tion of Troy, bear but little resemblance to the ori- 
ginal. This remark is applicable, also, to the work 
of D'Hancarville and other productions, but in a 
less degree. Perhaps the work which illustrates 
most faithfully the style of the designs upon ancient 
vases, as far as it goes, is that in course of publication 
by Gerhard. 3 The specimens, also, of ancient paint- 
ings published by Raoul Rochette* have every ap- 
pearance of being faithful imitations of the originals. 

X. Remains of Ancient Painting. — There is a gen- 
eral prejudice against the opinion that the painting 
of the Greeks equalled their sculpture ; and the 
earlier discoveries of the remains of ancient paint- 
ings at Pompeii and Herculaneum tended rather to 
increase this prejudice than to correct it. The 
style of the paintings discovered in these cities was 
condemned both by Pliny and Vitruvius, and yet 
almost every species of merit may be discovered in 
them. What, therefore, must have been the produc- 
tions which the ancients themselves esteemed their 
immortal works, and which, singly, were estimated 
equal to the wealth of cities 1* 

These remains of Pompeii and Herculaneum in- 
duced Sir Joshua Reynolds to form a decided opin- 
ion upon ancient painting. He remarks, 6 "From 



in (D .f. ancarvill e, plates 127, 128, 129, 130.)— 2. (Vid. No. 
lLoo^ 6 7 1,)— 3 - (Auserlesene Griechische Vasenbilder, Berlin, 
lS3V)-4. (Peintures Antiques.)— 5. (Plin., H. N., xxxv.,32.)— 
0. CWestoFresn., 37.) 



I the rsrious ancient paintings which have c^vnt 
down to us, we may form a judgment, with tolerable 
accuracy, of the excellences and the defects of the 
arts among the ancients. There can be no doubl 
but that the same correctness of design was re- 
quired from the painter as from the sculptor ; and 
if what has happened in the case of sculpture had 
likewise happened in regard to their paintings, an^ 
we had the good fortune to possess what the an- 
cients themselves esteemed their master-pieces, I 
have no doubt but we should find their figures as 
correctly drawn as the Laocoon, and probably col- 
oured like Titian." This opinion has been farther 
confirmed by later discoveries at Pompeii, espe- 
cially by the great mosaic of the Casa del Fauno, 
discovered in 1831, supposed to represent the bat- 
tle of Issus. 1 But the beauty of ancient sculpture 
alone is itself a powerful advocate in favour of this 
opinion ; for when art has once attained such a de- 
gree of excellence as the Greek sculpture evinces, 
it is evident that nothing mediocre or even inferior 
could be tolerated. The principles which guide the 
practice of both arts are in design and proportion 
the same ; and the style of design in painting can- 
not have been inferior to that of sculpture. Sever 
al of the most celebrated ancient artists were botb 
sculptors and painters : Phidias and Euphranoi 
were both ; Zeuxis and Protogenes were both mod 
ellers ; Polygnotus devoted some attention to stat 
uary ; and Lysippus consulted Eupompus upon style 
in sculpture. The design of Phidias and Euphra- 
nor in painting cannot have been inferior in style to 
that of their sculpture ; nor can Eupompus have 
been an inferior critic in his own art than in that of 
Lysippus. We have, besides, the testimony of 
nearly all the Greek and Roman writers of every 
period, who, in general, speak more frequently and 
in higher terms of painting than of sculpture. " Si 
quid generis istiusmodi me delectat, pictura delectct" 
says Cicero. 2 

The occasional errors in perspective, detected m 
some of the architectural decorations in Pompeii, 
have been assumed as evidence that the Greek 
painters generally were deficient in perspective. 
This conclusion by no means follows, and is entire- 
ly confuted by the mosaic of the battle of Issus, in 
which the perspective is admirable ; in many other 
works, also, of minor importance, the perspective has 
been carefully attended to. We know, moreover, 
that the Greeks were acquainted with perspective 
at a very early period ; for Vitruvius 3 says, that 
when ^Eschylus was teaching tragedy at Athens, 
Agatharcus made a scene, and left a treatise upon 
it. By the assistance of this, Democritus and 
Anaxagoras wrote upon the same subject, showing 
how the extension of rays from a fixed point of 
sight should be made to correspond to lines accord- 
ing to natural reason ; so that the images of build- 
ings in painted scenes might have the appearance 
of reality, and, although painted upon flat, vertical 
surfaces, some parts should seem to recede and 
others to come forward. This class of painting 
was termed scenography (annvoypaipia) by the 
Greeks, and appears to have been sometimes prac- 
tised by architects. Clisthenes of Eretria is men- 
tioned as architect and scenograph (o-KijvoypuQoc). 4, 
Serapion, Eudorus, and others, were celebrated as 
scene-painters. 5 Scene-painting was, perhaps, not 
generally practised until after the time of iEschylus, 
for Aristotle 6 attributes its introduction to Sophocles. 

The most valuable and the most considerable of 
ancient paintings that have yet been discovered 
are : The so-called Aldobrandini Marriage, Nozze 



1. (Mosaic. No. XV.)— 2. (ad Fam., vii., 23.)— 3. (vii., pnef.) 
1. (Diog., ii., 125.)— 5. (Plin., H. N., xxxv.. 37, 40.)— 6. (Poet- 



4.) 



707 



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FAINTING. 



Aldubrandine, originally the property of the Aldo- 
brandini family, which Was found on the Esquiline 
Mount during the pontiicate of Clement VIII., Ip- 
polito Aldobrandini, and was placed by Pius VII. in 
the Vatican : this painting, which is on stucco, and 
contains ten rather small figures in three groups, is 
a work of considerable merit in composition, draw- 
ing, and colour, and is executed with great freedom ; l 
and the following paintings of the Museo Borbonico 
at Naples, which are conspicuous for freedom of 
execution and general technical excellence : the 
two Nereids found in Stabiae, Nos. 561 and 562, 
Cat. ; Telephus nourished by the roe, &c, from 
Herculaneum, No. 495 ; Chiron and Achilles, also 
from Herculaneum, No. 730 ; Briseis delivered to 
the heralds of Agamemnon, from Pompeii, 3 No. 
684 ; and the nine Funambuli or rope-dancers, 
which are executed with remarkable skill and fa- 
cility. (Mus. Borb., Ant. d'Ercol., and Zahn con- 
tain engravings from these works ; for fac similes 
of ancient paintings, see " Recueil de Peintures an- 
tiques, imitees fidelement pour les couleurs et pour le 
trait, d'apres les desseins colories faits par P. S. Bar- 
toli," &c, Paris, 1757, folio.) 

XI. Period of Development. Essential Style. — 
With Polygnotusof Thasos(B.C. 463) painting was 
fully developed in all the essential principles of imi- 
tation, and was established as an independent art 
in practice. The works of Polygnotus were con- 
spicuous for expression, character, and design ; the 
more minute discriminations of tone and local col- 
our, united with dramatic composition and effect, 
were not accomplished until a later period. The 
limited space of this article necessarily precludes 
anything like a general notice of all the various pro- 
ductions of Greek painters incidentally mentioned 
in ancient writers. With the exception, therefore, 
of occasionally mentioning works of extraordinary 
celebrity, the notices of the various Greek painters 
of whom we have any satisfactory knowledge will 
be restricted to those who, by the quality or pecu- 
liar character of their works, have contributed to- 
wards the establishment of any of the various styles 
of painting practised by the ancients. 

Polygnotus is frequently mentioned by ancient 
writers, but the passages of most importance rela- 
ting to his style are in the Poetica of Aristotle 3 and 
in the Imagines of Lucian.* The notice in Pliny 5 
is very cursory : he mentions him among the many 
before Olympiad 90, from which time he dates the 
commencement of his history, and simply states 
that he added much to the art of painting, such as 
opening the mouth, showing the teeth, improving 
the folds of draperies, painting transparent vests for 
women, or giving them various coloured head- 
dresses. Aristotle speaks of the general character 
of the design and expression of Polygnotus, Lucian 
of the colour ; in which respects both writers award 
him the highest praise. Aristotle, 6 speaking of im- 
itation, remarks, that it must be either superior, 
inferior, or equal to its model, which he illustrates 
by the cases of three painters : " Polygnotus," he 
says, "paints men better than they are, Pauson 
worse, and Dionysius as they are." This passage 
alludes evidently to the general quality of the design 
of Polygnotus, which appears to have been of an 
exalted and ideal character. In another passage 7 
he speaks of him as an uyadbc. i)doypu<poc., or an ex- 
cellent delineator of moral character and expression, 
and assigns him, in this respect, a complete superi- 
ority over Zeuxis. From the passage in Lucian, 
we may infer that Polygnotus, Euphranor, Apelles, 
and Aetion were the best coiourists among the an- 

1. (Bottiger and Meyer, Die Aldobrandinische Hochzeit, Dies- 
den, 1810.)— 2. (Sir W. Gell, Pompeiana, pi. 39 and 40.)— 3. (c. 
? and 6.)«-4. (c. 7.)— 5. (xxxv., 35.)— 6. (c. 2.)— 7. «•„ 6.) 
708 



cients, according to the general opinion K dpi<yi*> 
hyivovro Kepdaaadat ra xP^ i l iara i KaL svKatoov tcol- 
eZodai ttjv e7tl6o?\,7]v avrtiv). He notices, also, in the 
same passage, the truth, the elegance, and the flow- 
ing lightness of the draperies of Polygnotus. 

Pausanias mentions several of the works of Pol • 
ygnotus, but the most important were his two greal 
paintings, or series of paintings, in the Lesche of 
the Temple of Apollo at Delphi, to a description 
of which Pausanias devotes six chapters. 1 On the 
right, as you entered, was the overthrow of Troy, 
and the Greeks sailing to their native land ; on the 
other side was painted the descent of Ulysses to 
Hades, to consult the soul of Tiresias concerning • 
his safe return to his native country. These paint- 
ings, in the composition of which Polygnotus seems 
to have illustrated every existing poem upon the 
subjects, were termed the Iliad and Odyssey ol 
Polygnotus. They excited the wonder and admi- 
ration of Pausanias, although they had been already 
painted six hundred years when he saw them. 
Polygnotus has been termed the Michael Angelo of 
antiquity. From the method adopted by Pausanias 
in describing these pictures, their composition has 
been generally condemned. It is, however, by no 
means certain that they were not a series of pic- 
tures painted upon panels of wood, and inserted 
into the wall, according to the ancient practice ; 
but, even supposing them to have been distinct 
groups painted upon the walls themselves, as they 
have been treated by the brothers Riepenhausen," 
their composition should not be hastily condemned. 

The painting of the destruction of Troy (and the 
other was similar in style) seems to have contained 
three rows of figures, with the names of each writ- 
ten near them, in distinct groups, covering the 
whole wall, each telling its own story, but all con- 
tributing to relate the tale of the destruction of 
Troy. It is evident, from this description, that we 
cannot decide upon either the merits or the demer- 
its of the composition, from the principles of art 
which guide the rules of composition of modern 
times. Neither perspective nor composition, as a 
whole, are to be expected in such works as these, 
for they did not constitute single compositions, noi 
was any unity of time or action aimed at ; they 
were painted histories, and each group was no far- 
ther connected with its contiguous groups, than 
that they all tended to illustrate different facts of 
the same story. 

The style of Polygnotus was strictly ethic, for his 
whole art seems to have been employed in illustra- 
ting the human character ; and that he did it well, 
the surname of Ethograph ('Rdoypdtpoc), given to him 
by Aristotle and others, sufficiently testifies. His 
principles of imitation may be defined to be those of 
individual representation, independently of any ac- 
cidental combination of accessories ; neither the 
picturesque, nor a general and indiscriminate pic- 
ture of nature, formed any part of the art of Poly- 
gnotus or of the period. Whatever, therefore, was 
not absolutely necessary to illustrate the principal 
object, was indicated merely by a symbol : two or 
three warriors represented an army, a single hut 
an encampment, a ship a fleet, and a single house 
a city ; and, generally, the laws of basso-relievo 
appear to have been the laws of painting, and both 
were still, to a great extent, subservient to archi- 
tecture. 

The principal contemporaries of Polygnotus were 
Dionysius of Colophon, Plistaenetus and Panaenus 
of Athens, brothers of Phidias, and Micon, also of 
Athens. 

Dionysius was apparently an excellent portrait 

1. (x., 25-31.) — 2. (Peintures de Polygnote A Delphes dessu 
nfces et gravees de apres la description d' Pausanias.) 



P.iINTING 



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painter, the Holbein of antiquity ; for, besides the 
testimony of Aristotle, quoted a> ove, Plutarch 1 re- 
marks, that the works of Dionysius wanted neither 
force nor spirit, but that they had the appearance 
of being too much laboured. Polygnotus also painted 
portraiis, for Plutarch 9 mentions that he painted his 
mistress Elpinice, the sister of Cimon, as Laodicea, 
in a picture in the Tloin'ik-n arod, or Poecile at Athens, 
which received its name from the paintings of Pol- 
ygnotus, Micon, Panaenus, and others, executed in 
the periods of Cimon and Pericles ; this colonnade 
was previously called aroa UeiGtavaKTinc. 3 What 
these paintings were we learn from Pausanias,* 
viz., the battle of the Athenians and Spartans at 
CEnoe ; the painter of this piece is not known, but 
it was probably Plistaenetus, who is mentioned by 
Piutarch 5 as a famous battle painter ; the battle of 
Theseus and the Athenians with the Amazons, by 
Micon ; 6 the battle of Marathon, by Panaenus ; 7 and 
the rape of Cassandra, &c, by Polygnotus. 8 These 
paintings, after adorning the Pcecile for about eight 
centuries, were removed from Athens in the time 
of Arcadius. 9 Raoul Rochette infers from this that 
they were upon panels. 

Panaenus is termed by Strabo 10 the nephew of 
Phidias : he assisted Phidias in decorating the stat- 
ue and throne of the Olympian Jupiter. Micon was 
particularly distinguished for the skill with which 
he painted horses. Julian 11 relates that he was 
once ridiculed by a certain Simon, skilled in such 
matters, for having painted eyelashes to the under 
eyelids of one of his horses — a critical nicety 
scarcely to have been expected in so early an age. 

Prize contests, also, were already established, in 
this early period, at Corinth and at Delphi. Pliny" 
mentions that Panaenus was defeated in one of these 
at the Pythian games, by Timagoras of Chalcis, 
who himself celebrated his own victory in verse. 

The remarks of Quintilian 13 respecting the style 
of this period are very curious and interesting, al- 
though they do not accord entirely with the testi- 
monies from Greek writers quoted above. He 
says that, notwithstanding the simple colouring of 
Polygnotus, which was little more than a rude 
foundation of what was afterward accomplished, 
there were those who even preferred his style to 
the styles of the greatest painters who succeeded 
him ; not, as Quintilian thinks, without a certain 
degree of affectation. 

XII. Establishment of Painting. Dramatic Style. 
-In the succeeding generation, about 420 B.C., 
through the efforts of Apollodorus of Athens and 
Zeuxis of Heraclea, dramatic effect was added to 
the essential style of Polygnotus, causing an epoch 
in the art of painting, which henceforth compre- 
hended a unity of sentiment and action, and the 
imitation of the local and acoidental appearances of 
objects, combined with the historic and generic rep- 
resentations of Polygnotus. The contemporaries 
of Apollodorus and Zeuxis, and those who carried 
out their principles, were Parrhasius of Ephesus, 
Eupompus of Sicyon, and Timanthes of Cythnus, 
all painters of the greatest fame. Athens and Si- 
cyon were the principal seats of the art at this pe- 
riod. 

Apollodorus, says Plutarch, 1 * invented tone (<pdopuv 
Kill uTToxpuotv gkluc), which is well defined by Fu- 
seli 1 * as " the element of the ancient 'Apftoy^, that 
imperceptible transition which, without opacity, 
confusion, or hardness, united local colour, demitint, 



I. (Timol.. 36.)— 2. (Cimon, 4.)— 3. (Plut., 1. c.)— 4. (i., 15.) 
-5. (De Glor. Athen., 2.)— 6. (Plin., H. N., xxxv., 35.)— 7. 
<Plra., H. N., xxiv., 34.)— 8. (Plin., H. N.. xxxv., 35.)— 9. (Sy- 
nesius Epist., 54 and 135.)— 10. fvjii , p. 354.) — 11. (H. A., iv., 
W.)— 12 . (xxxv., 35.)— 13. (Inst. Orat., xii., 10.)— 14. (De Glor. 
Athen., J.)-15. (Lect. i.) 



shade, and reflexes." This must, however, not o« 
altogether denied to the earlier painters ; for Plu- 
tarch himself 1 attributes the same property to the 
works of Dionysius {ioxvv ex ovra ^ai tovov), though 
in a less degree. The distinction is, that what in 
the works of Dionysius was really merely a grad a- 
tion of light and shade, or gradual diminution of 
light, was in those of Apollodorus a gradation also 
of tints, the tint gradually changing according to thfl 
degree of light. The former was termed rbvoc, the 
latter up/ioyrj ; but the English term tone, when ap- 
plied to a coloured picture, comprehends both ; it is 
equivalent to the "splendor" of Pliny. 2 

Apollodorus first painted men and things as they 
really appeared; this is what Pliny 3 means by 
" Hie primus species exprimere instituit." The rich 
effect of the combination of light and shade with 
colour is also clearly expressed in the words which 
follow : " primusque gloriam penicillo jure contulit ;" 
also, "neque ante eum tabula ullius ostenditur, qua tc- 
neat oculos." We may almost imagine the works of 
a Rembrandt to be spoken of; his pictures riveted 
the eye. Through this striking quality of his works, 
he was surnamed the shadower, ctaayp&cpog* He 
was in the habit of writing upon his works, " It is 
easier to find fault than to imitate," fiufxtjaerai tic 
fiuXkov fj fiififioETat,* which Pliny 6 relates of Zeuxis. 

Zeuxis combined a certain degree of ideal form 
with the rich effect of Apollodorus. Quintilian 7 
says that he followed Homer, and was pleased 
with powerful forms even in women. Cicero 8 also 
praises his design. Zeuxis painted many celebra- 
ted works, but the Helen of Croton, . which was 
painted from five of the most beautiful virgins in 
the city, was the most renowned, and under which 
he inscribed three verses 9 in the third book of the 
Iliad. 10 Stobaeus 11 relates an anecdote of the paint- 
er Nicomachus and this Helen, where the painter 
is reported to have observed to one who did not 
understand why the picture was so much admired 
" Take my eyes, and you will see a goddess." We 
learn from another anecdote, recorded by Plutarch, 1 * 
that Zeuxis painted very slowly. 

Parrhasius is spoken of by ancient writers in 
terms of the very highest praise. He appears to 
have combined the magic tone of Apollodorus and 
the exquisite design of Zeuxis with the classic in- 
vention and expression of Polygnotus ; and he so 
circumscribed all the powers and ends of art, says 
Quintilian, 13 that he was called the " Legislator." 
He was himself not less aware of his ability, for he 
termed himself the prince of painters ('E/^vuv 
tvpura fepovra rexvnc 1 *). He was, says Pliny, 15 the 
most insolent and most arrogant of artists. 

Timanthes of Cythnus or Sicyon was distin- 
guished for invention and expression ; the particu- 
lar charm of his invention was, that he left much 
to be supplied by the spectator's own fancy ; ac* 1 , 
although his productions were always admirable 
works of art, still the execution was surpassed by 
the invention. As an instance of the ingenuity of 
his invention, Pliny 16 mentions a sleeping Cyclops 
that he painted upon a small panel, yet conveyed 
an idea of his gigantic form by means of some 
small satyrs, who were painted measuring his 
thumb with a thyrsus. He was celebrated also for 
a picture of the sacrifice of Iphigenia. (See the 
admirable remarks of Fuseli upon this picture, Lec- 
ture i.) Timanthes defeated Parrhasius in a pro- 
fessional contest, in which the subject was the 

1 (Timol., 36.)— 2. (xxxv., 11.) — 3. (xxxv., 36.) — 4. (He- 
sych., s. v.)— 5. (Plut., De Glor. Athen., 2.)— 6. (1. c.)— 7. (1. 
c.)— 8. (Brut., 18.)— 9. (156-158.)— 10. (Val. Max., iii., 7, y 3 
— Cic, De Invent., ii., 1.— iElian, V. H., iv., 12, &c.) — 11. 
(Serm.,61.)— 12. (Pericl., 13.)— 13. (1. c.)— 14. (Athen., xii., d 
543, c.)— 15. (xxxv., 36.- Compare Athen., xv., p. 687, 6.)— 1ft 
(xxxv., 36, v 6.) 

7oa 



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FAINTING. 



combat of Ulysses and Ajax for the arms of Achil- 

jOS. 1 

Eupompus of Sicyon was the founder of the cel- 
ebrated Sicyonian school of painting which was 
afterward established by Pamphilus. Such was 
the influence of Eupompus's style, that he added a 
third, the Sicyonic, to the only two distinct styles 
of painting then recognised, the Helladic or Grecian 
and the Asiatic, but subsequently to Eupompus 
distinguished as the Attic and the Ionic ; which, 
with his own style, the Sicyonic, henceforth con- 
stituted the three characteristic styles of Grecian 
painting. 2 We may judge, from the advice which 
Eupompus gave Lysippus, that the predominant 
characteristic of this style was individuality ; for 
upon being consulted by Lysippus whom of his pre- 
decessors he should imitate, he is reported to have 
said, pointing to the surrounding crowd, " Let na- 
ture be your model, not an artist." 3 This celebra- 
ted maxim, which eventually had so much influ- 
ence upon the arts of Greece, was the first pro- 
fessed deviation from the principles of the generic 
style of Polygnotus and Phidias. 

XIII. Period of Refinement. — The art of this pe- 
riod, which has been termed the Alexandrean, be- 
cause the most celebrated artists of this period 
lived about the time of Alexander the Great, was 
the last of progression or acquisition ; but it only 
added variety of effect to the tones it could not im- 
prove, and was principally characterized by the di- 
versity of the styles of so many contemporary art- 
ists. The decadence of the art immediately suc- 
ceeded ; the necessary consequence, when, instead 
of excellence, variety and originality became the 
end of the artist. " Floruit circa Philippum, et us- 
que ad successorcs Alexandria says Quintilian,*"j9zc- 
tura. pracipue, sed diver sis virtutibus ;" and he then 
enumerates some of the principal painters of this 
tims, with the excellences for which each was dis- 
tingMMaed. Protogenes was distinguished for high 
finish ; Pamphilus and Melanthius for composition ; 
Antiphilus for facility ; Theon of Samos for his 
prolific fancy ; and for grace Apelles was unrivalled ; 
Euphranor was in all things excellent ; Pausias and 
Nicias were remarkable for chiaroscuro of various 
kinds ; Nicomachus was celebrated for a bold and 
rapid pencil ; and his brother Aristides surpassed 
all in the depth of expression. There were also 
other painters of great celebrity during this period : 
Philoxenus of Eretria, Asclepiodorus of Athens, 
Athenion of Maronea, Echion, Cydias, Philochares, 
Theomnestus, Pyreicus, &c. 

This general revolution in the theories and prac- 
tice of painting appears to have been greatly owing 
to the principles taught by Eupompus at Sicyon. 
Pamphilus of Amphipolis succeeded Eupompus in 
the school of Sicyon, which from that time became 
the most celebrated school of art in Greece. Pam- 
philus had the reputation of being the most scien- 
tific artist of his time ; and such was his authority, 
rsays Pliny, 5 that chiefly through his influence, first 
in Sicyon, then throughout all Greece, noble youths 
were taught the art of drawing before all others. 
" Graphice, hoc est, pictura in buxo," that is, draw- 
ing, in which the elementary process consisted in 
'rawing lines or outlines with the graphis upon 
ablets of box ; the first exercise was probably to 
draw a simple line (Tpa/ifi?]v e?j<voai 6 ). It was 
considered among the first of liberal arts, and was 
practised exclusively by the freeborn, for there 
was a special ed'.ct prohibiting slaves from exerci- 
sing it. The course of study in this school occu- 
pied ten years, and the fee of admission was an At- 

1. (JElian, 1. c— Plin., 1. c.)— 2. (Plin., xxxv., 36, $ 7.)— 3. 
(Plin., xxxiv., 19, 4 6.)— 4. (I.e.)— 5. (xxxv., 36.)— 6. (Pollux, 
Onom. vii., 128.) 
710 



tic talent : Pliny mentions that Apelles and Melan 
thius both paid this fee. Apelles studied under 
Ephorus of Ephesus before he became the pupil of 
Pamphilus : Pausias also studied encaustic under 
Pamphilus. The course of study comprehended in- 
struction in drawing, arithmetic, geometry, anal 
omy, and painting in all its branches. Pamphilus 
was the first painter, says Pliry s who was skilled 
in all the sciences, particularly aiithmel is and ge 
ometry, without which he denied that art could be 
perfected. By these sciences, as applied to paint- 
ing, we must probably understand those principles 
of proportion and motion which can be reduced to 
rule : by arithmetic, the system of the construction 
and the proportions of the parts of the human 
body ; by geometry, perspective, and the laws of 
motion, that is, so much of them as is necessary to 
give a correct representation of, and a proper bal- 
ance to, the figure. Pamphilus seems to have 
painted but few pictures, but they were all conspic- 
uous for beauty of composition. 

Nicomachus of Thebes was, according to Pliny, 1 
the most rapid painter of his time ; but he was as 
conspicuous for the force and power of his pencil 
as for its rapidity ; Plutarch 8 compares his paint- 
ings with the verses of Homer. Nicomachus had 
many scholars, of whom Philoxenus of Eretria was 
celebrated as a painter of battles ; a battle of Alex- 
ander and Darius by him, is mentioned by Pliny 3 
as one of the most celebrated paintings of antiqui- 
ty ; but they were all surpassed by his own brother 
Aristides, who appears to have been the greatest 
master of expression among the Greeks. We must, 
however, apply some modification to the expression 
of Pliny, 4 that Aristides first painted the mind and 
expressed the feelings and passions of man, since 
7/077, as it is explained by Fliy in this passage, can- 
not be denied to Polygnotus, Apollodorus, Parrha- 
sius, Timanthes, and many others. 

The picture of Aristides, which represented an 
infant at the breast of its wounded and dying moth- 
er at the sack of a city, was one of the most cele- 
brated paintings of the ancients. It was remark- 
able for the expression of the agony of the mother 
lest the child should suck blood instead of milk 
from her failing breast. It was sent by Alexander 
to Pella. 5 

The works of Aristides were in such repute, that 
Attalus, king of Pergamus, gave a hundred talents 
for only one of his pictures. This was nearly two 
centuries after his death ; but he also received great 
prices himself. Pliny mentions that a certain Mna 
son, tyrant of Elatea, paid him for a battle of the 
Persians, in which were a hundred figures (most 
probably of a small size), at the rate of ten minae 
for each figure. The same prince, who appears to 
have been a great patron of the arts, gave Asclepi- 
odorus, for pictures of the twelve gods, 300 minae 
each ; and he gave also to Theomnestus (otherwise 
unknown) for every picture of a hero, 100 minae. 
Asclepiodorus was a native of Athens ; he was cel- 
ebrated for composition or grouping ; Plutarch* 
classes him with Euphranor and Nicias. 

Pausias of Sicyon painted in encaustic with the 
cestrum, and seems to have surpassed all olheis in 
this method of painting ; Pliny 7 terms him "primu* 
in hocgenere nobilis^ from which itwould appear that 
he either distinguished himself earlier than Euphra- 
nor or Nicias, who both excelled in this style ; he 
was, however, the pupil of Pamphilus and the con- 
temporary of Apelles. Pausias was conspicuous 
for a bold and powerful effect of light and shade, 
which he enhanced by contrasts and strong fore- 
shortenings. A large picture of a sacrifice of a 

1. (1. c.) — 2. (Timol., 36.) — 3. (xxxv., 36.) --4. (1. c.)— 5 
(Plin., H. N., 1. c.)— 6. (De Glor. Athen., 2.)— 7. (xx> v., 40.) 



PAINTING. 



PAINT /NG. 



bull; of this description, was very celebrated; he 
painted a black bull upon a light grdund ; the animal 
was powerfully foreshortened, and its shadow was 
thrown upoi a part of the surrounding crowd, by 
which a remarkable effect was produced. 1 

Apelles was a native of Ephesus or of Colo- 
phon. 5 according to the general testimony of Greek 
writers, although Pliny 3 terms him of Cos. Pliny 
asserts that he surpassed all who either preceded 
or succeeded him ; the quality, however, in which 
h 3 surpassed all other painters will scarcely bear a 
definition ; it has been termed grace, elegance, beau- 
ty, x (l P l Ci venustas. Fuseli* defines the style of 
Apelles thus : " His great prerogative consisted 
more in the unison than the extent of his pow- 
ers ; he knew better what he could do, what ought 
to be done, at what point he could arrive, and what 
lay beyond his reach, than any other artist. Grace 
of conception and refinement of taste were his ele- 
ments, and went hand in hand with grace of execu- 
tion and taste in finish ; powerful and seldom pos- 
sessed singly, irresistible when united." 

The most celebrated work of Apelles was per- 
haps his Venus Anadyomene, Venus rising out of 
the waters. 5 

" In Veneris tabula summam sibi ponit Apelles" 

The beautiful goddess was represented squeezing 
the water with her fingers from her hair, and her 
only veil was the silver shower which fell from her 
shining locks. Ovid elegantly alludes to it in the 
following lines. 6 

" Sic madidos siccat digitis Venus uda capillos, 
Et modo maternis tecta videtur aquis." 

So great, indeed, was the admiration of the ancients 
for this picture, that, according to the same poet, 7 
Venus chieflv owed to it her great reputation for 
beauty. 

" Si Vencrr.m Cous nunquam pinxissct Apelles, 
Mersa sub czquoreis ilia lateret aquis." 

Apelles excelled in portrait, and, indeed, all his 
works appear to have been portraits in an extended 
sense ; for his pictures, both historical and allegor- 
ical, consisted nearly all of single figures. He en- 
joyed the exclusive privilege of painting the por- 
traits of Alexander. 8 One of these, which repre- 
sented Alexander wielding the thunder-bolts of Ju- 
piter, termed the Alexander Ke pawoQopoc, so pleased 
the monarch that he ordered twenty talents of gold 
to be given to him. Plutarch 9 says that this pic- 
ture was the origin of the saying that there were 
two Alexanders, the one of Philip the invincible, 
the other of Apelles the inimitable. It appears to 
have been a master-piece of effect ; the hand and 
lightning, says Pliny, seemed to start from the pic- 
ture ; and Plutarch 10 informs us that the complexion 
was browner than Alexander's, thus making a finer 
contrast with the fire in his hand, which apparently 
constituted the light of the picture. Pliny 11 tells us 
that Apelles glazed his pictures in a manner pecu- 
liar to himself, and in which no one could imitate 
him. When his works were finished, he covered 
them with a dark transparent varnish (most proba- 
bly containing asphaltum), which had a remarkable 
effect in harmonizing and toning the colours, and 
in giving brilliancy to the shadows. Sir J. Rey- 
nolds discovered in this account of Pliny " an art- 
ist-like description of the effect of glazing or scum- 
bling, such as was practised by Titian and the rest 
01 the Venetian painters." 12 There is a valuable 
though incidental remark in Cicero 13 relating to the 

1. (Plin., i. c.)— 2. (Suidas, s. v.)— 3. (1. c.)— 4. (Lect. i.)— 
5. (Propert., iii., 9, 11.)— 6. (Trist., ii., 527.)— 7. (Art. Amat., 
ui.,401.)-8. (Hor., Ep., II., i., 239.)— 9. (Fort. Alex. Mag., 2, 
3.)— 10. (Alex., 4.)— 11. (I.e.)— 12. (Notes to Fresn., 37.)— 13. 
(l)e N l at Deor., i., 27.) 



colouring of Apelles, where he says that the tints 
of the Venus Anadyomene were not blood, but a 
resemblance of blood. The females, and the pic 
tures generally, of Apelles, were most probably 
simple and unadorned ; their absolute merits, and 
not their effect, constituting their chief attraction. 
Clemens Alexandrinus 1 has preserved a memorable 
reproof of Apelles to one of his scholars, who, in a 
picture of Helen, had been lavish of ornament : 
"Youth, since you could not paint her beautiful, 
you have made her rich." 

Protogenes of Caunus, a contemporary of Apel- 
les, was both statuary and painter ; he was remark- 
able for the high finish of his works. Petronius* 
remarks, that the excessive detail and finish of the 
works of Protogenes, vying with nature itself, in- 
spired him with a certain feeling of horror (" non 
sine quodam horrore tractavi"). His most celebrated 
work was his figure of Ialysus with his dog ; Pliny 3 
and Plutarch* both mention that Protogenes was 
occupied seven years with this picture ; and Pliny 
says he painted it over four times (" huic picture* 
quater color cm induxit") ; from which it would ap- 
pear that the way in which the ancients imbodied 
their colours in their pictures can have differed lit 
tie, if at all, from the manner practised by the ma- 
jority of the artists of the modern schools of paint- 
ing. The four times of Protogenes most probably 
were the dead colouring, a first and a second paint 
ing, and, lastly, scumbling with glazing. Plutarch 4 
says that when Apelles saw this picture, he was at 
first speechless with astonishment, but presently re 
marked that it was a great and a wonderful work, 
but that it was deficient in those graces for which 
his own pictures were so famous. 

Euphranor the Isthmian was celebrated equally 
as painter and statuary ; he was, says Pliny, 6 in all 
things excellent, and at all times equal to himself. 
He was distinguished for a peculiarity of style of 
design ; he was fond of a muscular limb, and adopt 
ed a more decided anatomical display generally, but 
he kept the body light in proportion to the head and 
limbs. Pliny says that Euphranor first represented 
heroes with dignity. Parrhasius was said to have 
established the canon of art for heroes ; but the he- 
roes of Parrhasius were apparently more divine, 
those of Euphranor more human. We have exam- 
ples of both these styles in the Apollo and the La- 
ocoon, and in the Meleager and the Gladiator, or the 
Antinous and the Discobolus. It was to this dis- 
tinction of style which Euphranor apparently allu- 
ded when he said that the Theseus of Parrhasius 
had been fed upon roses, but his own upon beef. T 
Euphranor painted in encaustic, and executed many 
famous works ; the principal were, a battle of Man- 
tinea, and a picture of the twelve gods. 8 

Nicias of Athens was celebrated for the delicacy 
with which he painted females, and for the rich tone 
of chiaroscuro which distinguished his paintings. 
He also painted in encaustic. His most celebrated 
work was the venvia, or the region of the shades of 
Homer {necromania Homeri), which he declined to 
sell to Ptolemy I. of Egypt, who had offered sixty 
talents for it, and preferred presenting to his native 
city, Athens, as he was then sufficiently wealthy. 
Nicias also painted some of the marble statues of 
Praxiteles. 9 

Athenion of Maronea, who painted also in encaus- 
tic* was, according to Pliny, 10 compared with, and 
even preferred by some to, Nicias ; he was more 
austere in colouring, but in his austerity more pleas- 

1. (Psedagog., ii., 12.)— 2. (Sat., 83.)— 3. (1. c.)— 4. (Demet., 
52.)— 5. (1. c.)— 6. (xxxv., 40.) — 7. (Plut., De Glor. Athen., 2 
— Plin., 1. c.)— S. (Plin-, 1. c— Plut., 1. c. — Pans., i., 3. — Lu« 
cian, Tmag., 7. — Val. Max., viii., 11, I) 5. — Eustath. ad II., i, 
529. <fcc.) — 9. (Plin., xxxv., 40. — Plut., Mor. Epicur., c. 11. • 
Vid. No. VIII. j— 10. (I.e.) 

7U 



PAINTING, 



PAINTING. 



mg ; and if he had not died young, says Pliny, he 
would have surpassed all men in painting. He ap- 
pears to have looked upon colours as a mere means, 
to have neglected pictorial effect, and, retaining in- 
dividuality, and much of the refinement of design of 
his contemporaries, to have endeavoured to com- 
bine them with the generic style of Polygnotus and 
Phidias (h* in ipsa pictura eruditio eluceat). His pic- 
ture of a groom with a horse is mentioned by Pliny 
as a remarkable painting. 

Philochares, the brother of the or<i:or ^Eschines, 
was also a painter of the greatest merit, according 
to Pliny, 1 although he is contemptuously termed by 
Demosthenes 2 " a painter of perfume-pots and tam- 
bours'" (aXaSaarpodrjuac nai Tvp-Trava). 

Echion also, of uncertain country, is mentioned 
by Cicero 3 and Pliny 4 as a famous painter. Pliny 
speaks of a picture of a bride by him as a noble 
painting, distinguished for its expression of modesty. 
A great compliment is also incidentally paid to the 
works of Echion by Cicero, 5 where he is apparently 
ranked with Polycletus. 

Theon of Samos was distinguished for what the 
Greeks termed (pavraaiac, according to Quintilian,' 
who also ranks him with painters of the highest 
class. Pliny, 7 however, classes him with those of 
the second degree. JElian gives a spirited descrip- 
tion of a young warrior painted by Theon. 8 

XIV. Decline. — The causes of the decline of paint- 
ing in Greece are very evident. The political rev- 
olutions with which it was convulsed, and the va- 
rious dynastic changes which took place after the 
death of Alexander, were perhaps the principal ob- 
stacles to any important efforts of art ; the intelli- 
gent and higher classes of the population, upon whom 
painters chiefly depend, being to a great extent en- 
grossed by politics or engaged in war. Another in- 
fluential cause was, that the public buildings were 
already rich in works of art, almost even to the ex- 
haustion of the national mythology and history ; and 
the new rulers found the transfer of works already 
renowned a more sure and a more expeditious meth- 
od of adorning their public halls and palaces, than 
the more tardy and hazardous alternative of requi- 
ring original productions from contemporary artists. 

The consequence was, that the artists of those 
times were under the necessity of trying other fields 
of art ; of attracting attention by novelty and vari- 
ety : thus rhyparography (pvrcapoypafyLa), pornogra- 
phy, and all the lower classes of art, attained the 
ascendency, and became the characteristic styles of 
the period. Yet, during the early part of this period 
of decline, from about B.C. 300 until the destruction 
of Corinth by Mummius, B.C. 146, there were still 
several names which upheld the ancient glory of 
Grecian painting ; but subsequent to the conquest of 
Greece by the Romans, what was previously but a 
gradual and scarcely sensible decline, then became 
a rapid and a total decay. 

In the lower descriptions of painting which pre- 
vailed in this period, Pyreicus was pre-eminent ; he 
was termed Rhyparographos (pvizapoypafyoc), on ac- 
count of the mean quality of his subjects. He be- 
longed to the class of genre-painters, or " peintres 
du genre bas," as the French term them. The 
Greek favirapoypafyia, therefore, is apparently equiva- 
lent to our expression, the Dutch style. Pyreicus, 9 
siys Pliny, painted barbers' shops and cobblers' 
stalls, shell-fish, eatables of all sorts, and the like ; 
and, although an humble walk, he excelled so great- 
ly that he obtained the highest fame ; and his small 
pictures were more valuable than the greatest works 
of many masters ; in execution, few surpassed him. 

1. (xxxv., 10.)— 2. (Fals. Legat., p. 415, Reiske.)— 3. (Brut., 
18,) -4. (xxxv., 36.)— 5. (Parad.. v., 2.)— 6. (I.e.) — 7. (xxxv., 
4Q J~-8 (V. H., ii., 44.)— 9. (xxxv., 37.) 
712 



" Pyreicus parva vindicat arte locum," 

says Propertius' 1 (Pyreicus is the emendation of 
Welcker 2 on the authority of Cod. Vat., I., iv. 
With the common reading, Parrhasius, the line is 
unintelligible.) Pornography, or obscene painting, 
which in the time of the Romans was practised 
with the grossest license, 3 prevailed especially at 
no particular period in Greece, but was apparently 
tolerated to a considerable extent at all times. 
Parrhasius, Aristides, Pausanias, Nicophanes, Chae- 
rephanes, Arellius, and a few other nopvoypafyoi are 
mentioned as having made themselves notorious for 
this species of license.* 

Of the few painters who still maintained the dig 
nity of the dying art, the following may be mention- 
ed : Mydon of Soli ; Nealces, Leontiscus, and Ti- 
manthes of Sicyon ; Arcesilaus, Erigonus, and Pa- 
sias, of uncertain country ; and Metrodorus of Ath- 
ens, equally eminent as painter and as philosopher. 
The school of Sicyon, to which the majority of the 
distinguished painters of this period belonged, is ex- 
pressly mentioned by Plutarch 6 as the only one 
which still retained any traces of the purity and the 
greatness of style of the art of the renowned ages. 
It appears to have been still active in the time of 
Aratus, about 250 B.C., who seems to have instilled 
some of his own enterprising spirit into the artists 
of his time. Aratus was a great lover of the arts, 
but this did not hinder him from destroying the por- 
traits of the Tyrants of Sicyon ; one only, and that 
but partially, was saved. 6 

It was already the fashion in this age to talk of • 
the inimitable works of the great masters ; and the 
artists generally, instead of exerting themselves to 
imitate the master-pieces of past ages, seem to have 
been content to admire them. All works bearing 
great names were of the very highest value, and 
were sold at enormous prices. Plutarch mentions 
that Aratus bought up some old pictures, but partic- 
ularly those of Meianthus and Pamphilus, and sent 
them as presents to Ptolemy III. of Egypt, to con- 
ciliate his favour, and to induce him to join the 
Achaean league. Ptolemy, who was a great admi- 
rer of the arts, was gratified with these presents, 
and presented Aratus with 150 talents in consider- 
ation of them. 7 These were, however, by no means 
the first works of the great painters of Greece 
which had found their way into Egypt. Ptolemy 
Soter had employed agents in Greece to purchase 
the works of celebrated masters. 8 Athenaeus also' 
expressly mentions the pictures of Sicyonian mas- 
ters which contributed to add to the pomp and dis- 
play of the celebrated festival of Ptolemy Philadel- 
phus at Alexandrea. 

From the time of Alexander the spirit of the 
Greeks animated Egyptian artists, who adopted the 
standard of Grecian beauty in proportion and char- 
acter. Antiphilus, one of the most celebrated paint- 
ers of antiquity, was a native of Egypt, perhaps of 
Naucratis, and appears to have lived at the court 
of Ptolemy Soter. Many other Greek painters also 
were established in Egypt, and both the population 
and arts of Alexandrea were more Greek than Egyp- 
tian. 10 

Among the most remarkable productions of this 
period were the celebrated ship of Hiero II. of Syr- 
acuse, which had Mosaic floors, in which the whole 
history of the fall of Troy was worked with admira- 
ble skill, 11 and the immense ship of Ptolemy Phiio- 
pator, on the prow and stern of which were carved 

1. (iii., 9, 12.)— 2. (ad Philostr., 396.)— 3. (Propert., ii., 6.— 
Sueton., Tib., 43, and Vjt. Hor.)— 4. (Athen., xiii., p. 567, b.— 
Plut., De aud. Poet., 3.— Plin., xxxv., 37.)— 5. (Arat., 12.)— 6. 
(Plut., Arat., 13.)— 7. (Plut., Arat., 12.) — 8. (Plut., Mor. Eri- 
cur., c. 11.)— 9. (v., p. 196, c.) — 10. (Quint., xii., 10. — Plin.. 
xxxv., 37 and 40 .— Athen., v. 196, seqq .)— 11. (Athen., v., 207, 
c.) 



PAINTING. 



PAINTING 



colossal fig-aies eighteen feet in height; and the 
whole vessel, both interior and exterior, was deco- 
rated with painting of various descriptions. 1 

Nearly a century later than Aratus we have still 
mention Qf two painters at Athens of more than or- 
dinary distinction, Heracleides a Macedonian, and 
Metrodorus an Athenian. The names of several 
painters, however, of these times are preserved in 
i'iiny, but he notices them only in a cursory man- 
ner. When Paulus JEmilius had conquered Per- 
3eus, B.C. 168, he commanded the Athenians to 
send him their most distinguished painter to perpet- 
uate his triumph, and their most approved philoso- 
pher to educate his sons. The Athenians selected 
Metrodorus the painter, professing that he was pre- 
eminent in both respects. Heracleides was a Ma- 
cedonian, and originally a ship-painter ; he repaired 
to Athens after the defeat of Perseus. 2 Plutarch, 
in his description of the triumph of Paulus ^Emil- 
ius, 3 says that the paintings and statues brought by 
him from Greece were so numerous that they re- 
quired 250 wagons to carry them in procession, and 
that the spectacle lasted the entire day. P. ^Emil- 
ius appears at all times to have been a great admi- 
rer of the arts, for Plutarch 4 mentions that after his 
first consulship he took especial care to have his 
sons educated in the arts of Greece, and, among oth- 
ers, in painting and sculpture, and that he accord- 
ingly entertained masters of those arts {-n-^aarai nai 
£a)ypd(f>oi ) in his family ; from which it is evident 
that the migration of Greek artists to Rome had al- 
ready commenced before the general spoliations of 
Greece. Indeed, Livy 5 expressly mentions that 
many artists came from Greece to Rome upon the 
occasion of the ten days' games appointed by Fulvius 
Nobilior, B.C. 186. But Rome must have had its 
Greek painters even before this time ; for the pic- 
ture of the feast of Gracchus's soldiers after the 
battle of Beneventum, consecrated by him in the 
Temple of Liberty on the Aventine, B.C. 213, 6 was 
in all probability the work of a Greek artist. 

The system adopted by the Romans of plunder- 
ing Greece of its works of art, reprobated by Po- 
lybius, 7 was not without a precedent. The Cartha- 
ginians before them had plundered all the coast 
towns of Sicily, and the Persians, and even the 
Macedonians, carried off all works of art as the 
lawful prize of conquest. 8 The Roman conquerors, 
however, at first plundered with a certain degree 
of moderation; 9 as Marcellus at Syracuse, and Fa- 
bius Maximus at Tarentum, who carried away no 
more works of art than were necessary to adorn 
their triumphs or decorate some of the public build- 
ings.' The works of Greek art brought from Sicily 
by Marcellus were the first to inspire the Romans 
with the desire of adorning tneir public edifices 
with statues and paintings ; which taste was con- 
verted into a passion when they became acquainted 
with the great treasures and almost inexhaustible 
resources of Greece, and their rapacity knew no 
bounds. Plutarch says that Marcellus 11 was ac- 
cused of having corrupted the public morals through 
the introduction of works of art into Rome, since 
from that period the people wasted much of their 
time in disputing about arts and artists. But Mar- 
cellus gloried in the fact, and boasted, even before 
Greeks, that he was the first to teach the Romans 
to esteem and to admire the exquisite produc- 
tions of Greek art. We learn from Livy 13 that oi e 
of the ornaments of the triumph of Marcellus, 214 
B.C., was a picture of the capture of Syracuse. 

1. (Athen.,v,204,a.)— 2. (Plin., xxxv.,40.)— 3. (in Vit., 32.)— 

4. (in Vu.,6.)— 5. (xxxix., 22.)— 6. (Liv., xxiv., 16.)— 7. (ix., 3.) 

-8. (Diod. Sic, xiii., 90. — Polyb., ix., 6, (> 1. — Liv., xxxi., 26. 

i in '' ,« N- ' xxxiv -> 19-— Id. ib., xxxv.. 36.)— 9. (Cic. in Verr., 

»,, 4.)— 10 (Cic. in Verr., v., 52, seqq.— Plut., Fab. Max., 22 — 

iJ. Maic€ll., 30.)— 11. (, n Vit.. 21.)— 12. (xxvi.. 21 ) 



These spoliations of Greece, of the Giecian king- 
doms of Asia, and of Sicily, continued uninterrupted 
for about two centuries ; yet, according to Muci- 
anus, says Pliny, 1 such was the inconceivable 
wealth of Greece in works of art, that Rhodes alone 
still contained upward of 3000 statues, and that 
there could not have been less at Athens, at Olym 
pia, or at Delphi. The men who contributed prin- 
cipally to fill the public edifices and temples of 
Rome with the works of Grecian art, were Cn. 
Manlius, Fulvius Nobilior, who plundered the tem- 
ples of Ambracia, 3 Mummius, Sulla, Lucullus, Scau- 
rus, and Verres. 3 

Mummius, after the destruction of Corinth, B.C. 
146, carried off or destroyed more works of art than 
all his predecessors put together. Some of his 
soldiers were found by Polybius playing at dice upon 
the celebrated picture of Dionysius by Aristides. 4 
Many valuable works, also, were purchased on this 
occasion by Attalus III., and sent to Pergamum ; 
but they all found their way to Rome on his death, 
B.C. 133, as he bequeathed all his property to the 
Roman people. 6 Scaurus, in his aedileship, B.C. 58, 
had all the public pictures still remaining in Sicyon 
transported to Rome on account of the debts of the 
former city, and he adorned the great temporary 
theatre which he erected upon that occasion with 
3000 bronze statues. 6 Verres ransacked Asia and 
Achaia, and plundered almost every temple and 
public edifice in Sicily of whatever was valuable in 
it. Among the numerous robberies of Verres, Ci- 
cero 7 mentions particularly twenty-seven beautiful 
pictures taken from the Temple of Minerva at Syra- 
cuse, consisting of portraits of the kings and ty- 
rants of Sicily. 

From the destruction of Corinth by Mummius, 
and the spoliation of Athens by Sulla, the higher 
branches of art, especially in painting, experience/, 
so sensible a decay in Greece, that only two paint- 
ers are mentioned who can be classed with the 
great masters of former times : Timomachus of By- 
zantium, contemporary with Caesar, 8 and Aetion, 
mentioned by Lucian, 9 who lived apparently about 
the time of Hadrian. 10 Yet Rome was, about the 
end of the Republic, full of painters, who appear, 
however, to have been chiefly occupied in portrait, 
or decorative and arabesque painting : painters must 
also have been very numerous in Egypt and in Asia. 
Paintings of various descriptions still continued to 
perform a conspicuous part in the triumphs of the 
Roman conquerors. In the triumph of Pompey 
over Mithradates, the portraits of the children and 
family of that monarch were carried in the proces- 
sion ; 11 and in one of Caesar's triumphs, the portraits 
of his principal enemies in the civil war were dis- 
played, with the exception of that of Pompey. 13 

The school of art at Rhodes appears to have 
been the only one that had experienced no great 
change, for works of the highest class in sculpture 
were still produced there. The course of painting 
seems to have been much more capricious than 
that of sculpture, in which master-pieces, exhibiting 
various beauties, appear to have been produced in 
nearly every age from Phidias to Hadrian. A de- 
cided decay in painting, on the other hand, is re- 
peatedly acknowledged in the later Greek and in 
the best Roman writers. One of the causes of this 
decay may be, that the highest excellence in paint- 
ing requires the combination of a much greater va- 
riety of qualities ; whereas invention and design, 




PAINTING. 



PAINTING. 



identical in both arts, are the sole elements of 
sculpture. Painters, also, are addicted to the per- 
nicious, thoagh lucrative practice of dashing oft or 
despatching their works, from which sculptors, 
from the very nature of their materials, are ex- 
empt : to paint quickly was all that was required 
from some of the Roman painters. 1 Works in 
sculpture, also, through the durability of their ma- 
terial, are more easily preserved than paintings, 
and they serve, therefore, as models and incen- 
rives to the artists of after ages. Artists, there- 
fore, who may have had ability to excel in sculpture, 
would naturally choose that art in preference to 
painting. It is only thus that we can account for 
the production of such works as the Antinous, the 
Laocoon, the Torso of Apollonius, and many others 
of surpassing excellence, at a period when the art 
of painting was comparatively extinct, or, at least, 
principally practised as mere decorative colouring, 
such as the majority of the paintings at Rome, 
Herculaneum, and Pompeii, now extant ; though it 
must be remembered that these were the inferior 
works of an inferior age. 

XV. Roman Painting. — The early painting of 
Italy and Magna Graecia has been already noticed, 
and we know nothing of Roman painting inde- 
pendent of that of Greece, though Pliny 2 tells us 
that it was cultivated at an early period by the Ro- 
mans. The head of the noble house of the Fabii 
received the surname of Pictor, which remained in 
his family, through some paintings which he execu- 
ted in the Temple of Salus at Rome, B.C. 304, 
which lasted until the time of the Emperor Claudi- 
us, when they were destroyed by the fire that con- 
sumed that temple. Pacuvius also, the tragic 
poet, and nephew of Ennius, distinguished himself 
by some paintings in the Temple of Hercules, in the 
Forum Boarium, about 180 B.C. Afterward, says 
Pliny, 3 painting was not practised by polite hands 
{honestis manibus) among the Romans, except, per- 
napSj in the case of Turpilius, a Roman knight of 
bis own times, who executed some beautiful works 
with his left hand at Verona. Yet Quintus Pedius, 
nephew of Q. Pedius, coheir of Caesar with Augus- 
tus, was instructed in painting, and became a great 
proficient in the art, though he died when young. 
Antistius Labeo also amused himself with painting 
small pictures. 

Julius Csesar, Agrippa, and Augustus were among 
the earliest great patrons of artists. Suetonius* in- 
forms us that Caesar expended great sums in the 
purchase of pictures by the old masters ; and Pliny 5 
mentions that he gave as much as 80 talents for 
two pictures by his contemporary Timomachus of 
Byzantium, one an Ajax, and the other a Medea 
meditating the murder of her children. These pic- 
tures, which were painted in encaustic, were very 
celebrated works ; they are alluded to by Ovid, 6 and 
are mentioned by many other ancient writers. 

There are two circumstances connected with the 
earlier history of painting in Rome which deserve 
mention. One is recorded by Livy, 7 who informs 
us that the consul Tib. Sempronius Gracchus dedi- 
cated in the Temple of Mater Matuta, upon his re- 
turn from Sardinia, B.C. 174, a picture of apparent- 
ly a singular description ; it consisted of a plan of 
the island of Sardinia, with representations of vari- 
ous battles he had fought there painted upon it. 
The other is mentioned by Pliny, 8 who says that 
Lucius Hostilius Mancinus, B.C. 147, exposed to 
view in the Forum a picture of the taking of Car- 
thage, in which he had performed a conspicuous 
part, and explained its various incidents to the peo- 

1. (Juv., ix., 146.)— 2. (H. N., xxxv., 7.)-3. (1. c.)— 4. (Jul. 
Caes., 47.)— 5. (H. N., xxxv., 40.)— 6 (Trist., ii., 525.)— 7. (xli., 
23.)— 8. (H. N., xxxv., 7.> 
714 



pie. Whether these pictures were the productions 
of Greek or Roman artists, is doubtful ; nor hava 
we any guide as to their rank as works of art. 

The Romans generally have not the slightest 
claims to the merit of having promoted the fine 
arts. We have seen that, before the spoliations of 
Greece and Sicily, the arts were held in no consid- 
eration in Rome; and even afterward, until the 
time of the emperors, painting and sculpture seem 
to have been practised very rarely by Romans ; and 
the works which were then produced were chiefly 
characterized by their bad taste, being mere milita- 
ry records and gaudy displays of colour, although 
the city was crowded with the -finest productions ol 
ancient Greece. 

There are three distinct periods observable in the 
history of painting in Rome. The first, or great 
period of Graeco-Roman art, may be dated from the 
conquest of Greece until the time of Augustus, 
when the artists were chiefly Greeks. The second, 
from the time of Augustus to the so-called Thirty 
Tyrants and Dioclesian, or from the beginning of 
the Christian era until about the latter end of the 
third century, during which time the great majori- 
ty of Roman works of art were produced. The 
third comprehends the state of the arts during the 
exarchate ; when Rome, in consequence of the 
foundation of Constantinople, and the changes it 
involved, suffered similar spoliations to those which 
it had previously inflicted upon Greece. This was 
the period of the total decay of the imitative arts 
among the ancients. 

The establishment of Christianity, the division 
of the Empire, and the incursions of barbarians, 
were the first great causes of the important revolu- 
tion experienced by the imitative arts, and the se- 
rious check they received ; but it was reserved for 
the fanatic fury of the iconoclasts effectually to de~ 
stroy all traces of their former splendour. 

Of the first of these three periods sufficient has 
been already said ; of the second there remain still 
a few observations to be made. About the begin- 
ning of the second period is the earliest age in 
which we have any notice of portrait-painters (ima- 
ginum pixtores) as a distinct class. Pliny mentions 
particularly Dionysius and Sopolis as the most cel- 
ebrated at about the time of Augustus, or perhaps 
earlier, who filled picture-galleries with their works ; 
the former was surnamed the anthropograph, be- 
cause he painted nothing but men. About the 
same age, also, Lala of Cyzicus was very celebra- 
ted ; she painted, however, chiefly female portraits, 
but received greater prices than the other two. 1 

Portraits must have been exceedingly numerous 
among the Romans ; Varro made a collection of 
the portraits of 700 eminent men. 2 The portraits 
or statues of men who had performed any public 
service were placed in the temples and other pub- 
lic places, and several edicts were passed by the 
emperors of Rome respecting the placing of them. 8 
The portraits of authors, also, were placed in the 
public libraries ; they were apparently fixed above 
the cases which contained their writings, below 
which chairs were placed for the convenience of 
readers. 4 They were painted, also, at the begin* 
ning of manuscripts. 5 Respecting the imagines 01 
wax portraits, which were preserved in " armaria'' 
in the atria of private houses, 6 there is an interest- 
ing account in Polybius. 7 With the exception ol 
Aetion, as already mentioned, not a single paintei 
of this period rose to eminence, although some 
were, of course, more distinguished than others; as 



1. (Plin., H. N., xxxv., 37, 40.)— 2. (Plin., H. N , xxxv., 2.)-- 
3. (Sueton., Tib., 26.— Calig., 34.)— 4. (Cic. ad Att., iv., 10 — 
Sueton., Tib., 70. — Calig., 34.)— 5. (Martial, xiv., 186.) — 6 
(Plin., xxxv , 2.— Senec, De Benef., iii., 28 )— 7 (vi.. 53 • 



PAINTING 



PALA. 



the profligate Arellius ; Fabullus, who painted Nj- 
ro's golden house ; Dorotheus, who copied for Nero 
the Venus Anadyomene of Apelles ; Cornelius Pi- 
nus, Accius Priscus, Marcus Ludius, Mallius, and 
others. 1 Poi trait, decorative, and scene painting 
seem to have engrossed the art. Pliny and Vitru- 
vius regret in strong terms the deplorable state of 
painting in their times, which was but the com- 
mencement of the decay ; Vitruvius has devoted an 
entire chapter 2 to a lamentation over its fallen 
ttate ; and Pliny speaks of it as a dying art. 3 The 
latter writer instances,* as a sign of the madness of 
His time (nostra cetatis insaniam), the colossal por- 
trait of Nero, 120 feet high, which was painted 
upon canvass, a thing unknown till that time. 

Marcus Ludius, in the time of Augustus, became 
very celebrated for his landscape decorations, which 
were illustrated with figures actively employed in 
occupations suited to the scenes ; which kind of 
painting became universal after his time, and ap- 
parently with every species of license. Vitruvius 
contrasts the state of decorative painting in his own 
age with what it was formerly, and he enumerates 
the various kinds of wall-painting in use among 
the ancients. They first imitated the arrangement 
and varieties of slabs of marble, then the variegated 
frames and cornices of panels, to which were after- 
ward added architectural decorations ; and, finally, 
in the exedrae were painted tragic, comic, or satyric 
scenes, and in the long galleries and corridors va- 
rious kinds of landscapes, or even subjects from the 
poets and the higher walks of history. But these 
things were in the time of Vitruvius tastelessly laid 
aside, and had given place to mere gaudy display, or 
the most fantastic and wild conceptions, such as 
many of the paintings which have been discovered 
in Pompeii. 

Painting now came to be practised by slaves, and 
painters, as a body,\were held in little or no es- 
teem. Respecting the depraved application of the 
arts at this period, see Plin., xxxv., 33. — Petron., 
Sat., 88.— Propert., ii., 6.— Sueton., Tib., 43.— Ju- 
ven., ix., 145 ; xii., 28. 

Mosaic, or pictura de musivo, opus musivum, was 
very general in Rome in the time of the early em- 
perors. It was also common in Greece and Asia 
Minor at an earlier period, but at the time of which 
we are now treating it began to a great extent even 
to supersede painting. It was used chiefly for 
floors, but walls and also ceilings were sometimes 
ornamented in the same way. 5 There were various 
kinds of mosaic ; the lithostrota were distinct from 
the pictura de musivo. There were several kinds 
of the former, as the sectile, the tessellatum, and the 
vermiculatum, which are all mechanical and orna- 
mental styles, unapplicable to painting, as they were 
worked in regular figures. As a general distinction 
between musivum and lithostrotum, it maybe ob- 
served, that the picture itself was dc musivo or opus 
musivum, and its frame, which was often very large 
and beautiful, was lithostrotum. The former was 
made of various coloured small cubes (tessera or 
tessella) of different materials, and the latter of 
small thin slabs, crusta, of various marbles, &c. ; 
the artists were termed musivarii and quadratarii 
or tessellarii respectively. Pliny 6 attributes the ori- 
gin of mosaic pavements to the Greeks. He men- 
tions the " asarotus cecus" at Pergamum, by Sosus, 
the most celebrated of the Greek musivarii, the 
pavement of which represented the remnants of a 
supper. He mentions, also at Pergamum, the fa- 
mous Cantharus with the doves, of which the 

1 (Plin., II. N., xxxv., 37, &c.) — 2. (vii., 5.) — 3. (H. N., 
rxxv., 11.)— 4. (xxxv., 33.)— 5. (Plin., H. N., xxxvi., 60, 64.— 
ithenseus, xii., p. 512, d.— Senec. Ep., 86 — Lucan, x., 116.)— 
I. (H. N., xxxn . On \ 



" Doves of the Capitol" is supposed to be a copy. 1 
Another musivarius of antiquity was Dioscorideg 
of Samos, whose name is found upon two mosaics 
of Pompeii. 2 Five others are mentioned b", Mul- 
ler. 3 There are still many great mosaics of the 
ancients extant. (See the works of Ciampini, Fu- 
rietti, and Laborde.) The most interesting and 
most valuable is the one lately discovered in Pom- 
peii, which is supposed to represent the battle of 
Issus. This mosaic is certainly one of the most 
valuable relics of ancient art, and the design and 
composition of the work are so superior to its exe- 
cution, that the original has evidently been the pro- 
duction of an age long anterior to the degenerate 
period of the mosaic itself. The composition is 
simple, forcible, and beautiful, and the design exhib- 
its in many respects merits of the highest order. 
(See Nicolini, Quadro in musaico scoperto in Pom- 
peii. — Mazois, Pompei, iv., 48 and 49; and Muller, 
Denkm'dler der alten Kunst, i., 55.) 

PALA (tttvov), a Spade.* The spade was but 
little used in ancient husbandry, the ground having 
been broken and turned over by the plough, and 
also by the use of large hoes and rakes. (Vid. 
Ligo, Rastrum.) But in some cases a broad cut- 
ting edge was necessary for this purpose, as, foi 
example, when the ground was full of the roots 
of rushes or other plants. 5 Also in gardening it 
was an indispensable instrument, and it was then 
made on the same principle as the ploughshare, 
viz., by casing its extremity with iron. 6 The an- 
nexed woodcut, taken from a funereal monument at 




Rome, 7 exhibits a deceased countryman with his 
falx and bidens, and also with a pala, modified by the 
addition of a strong crossbar, by the use of which he 
was enabled to drive it nearly twice as deep into 
the ground as he could have done without it. In 
this form the instrument was called bipalium, being 
employed in trenching (pastinatio), or, when the 
ground was full of roots to a considerable depth, in 
loosening them, turning them over, and extirpating 
them, so as to prepare the soil for planting vines and 
other trees. By means of this implement, which is 
still used in Italy, and called vanga, the ground was 
dug to the depth of two spades, or nearly two feet. 8 
Cato 9 mentions wooden spades (palas ligneas) 
among the implements necessary to the husband- 
man. One principal application of them was in 



1. (Mus. Cap.,iv., 69.)— 2. (Mus. Borb., iv., 34.)— 3. (Archa- 
ol., t> 322, 4.)— 4. (Cato, De Re Rust., 10.— Plin., H. N., xvn., 
17, s. 27 ; 22, s. 35.)— 5. (Plin., H. N , xviii., 8.)— 6. (Colum., 
x., 45.) — 7. (Fabretti, Inscr. Ant., p. 574.) —8. (Plin., H. N., 
xviii., 26, s. 62.— Cato, De Re Rust , v.. 6, p. 214 ; xi , 3, p. 450. 
ed Bip.)— 9. (lb.. 11 ) 

715 



PALATINI LUDT. 



PALE. 



winnowing. The winnowing-shovel, also called in 
Latin ventilabrum^ is still generally used in Greece, 
and the mode of employing it is exhibited by Stuart 
i» his "Antiquities of Athens." The corn which 
has been threshed lies in a heap upon the floor, and 
the labourer throws it to a distance with his shovel, 
while the wind, blowm^ strongly across the direc- 
tion in which it is thrown, drives the chaff and ref- 
use to one side. 1 The fruit of leguminous plants 
was purified and adapted to be used for food in the 
same manner. 2 

The term pala was applied anciently, as it is in 
modern Italian, to the blade or broad part of an oar. 
(Vid. Remus.) In a Ring, the broad part which 
held the gem was called by that name. 

PALAESTRA (rcakaiarpa) properly means a place 
for wrestling (•nakakiv, ndlrj), and appears to have 
originally formed a part of the gymnasium. The 
word was, however, used in different senses at va- 
rious periods, and its exact meaning, especially in re- 
lation to the gymnasium, has occasioned much con- 
troversy among modern writers. It first occurs in 
Herodotus, 3 who says that Clisthenes of Sicyon built 
a dromos and a palaestra, both of which he calls by 
the general name of palaestra. At Athens, howev- 
er, there was a considerable number of palaestrae 
quite distinct from the gymnasia, which were called 
by the names either of their founders, or of the 
teachers who gave instruction there ; thus, for ex- 
ample, we read of the palaestra of Taureas.* Krause 5 
contends that the palaestrae at Athens were appropri- 
ated to the gymnastic exercises of boys and youths 
(iraUeg and fieipatcca), and the gymnasia to those of 
men ; but Becker 6 has shown that this cannot be 
the true distinction, although it appears that certain 
places were, for obvious reasons, appropriated to 
the exclusive use of boys. 7 But that the boys ex- 
ercised in the gymnasia as well, is plain from many 
passages 8 (Tzalg dpaloc dirb yv/uvaoiov 9 ), while, on 
the other hand, we read of men visiting the palaes- 
tras. 10 

It appears most probable that the palaestrae were, 
during the flourishing times of the Greek republics, 
chiefly appropriated to the exercises of wrestling 
and of the pancratium, and were principally intend- 
3d for the athletae, who, it must be recollected, were 
persons that contended in the public games, and 
therefore needed special training. This is express- 
ly stated by Plutarch, 11 who says " that the place in 
which all the athletae exercise is called a palaestra;" 
and we also learn from Pausanias 12 that there were 
at Olympia palaestrae especially devoted to the ath- 
letae. In Athenaeus 13 we read of the great athletes 
Damippiis coming out of the palaestra ; and Galen 
(TTepl rov 6lu fiucpug atyaipas yvfivaaiov, c. 5) places 
the athletae in the palaestra. 1 * 

The Romans had originally no places correspond- 
ing to the Greek gymnasia and palaestrae ; and 
when, towards the close of the Republic, wealthy 
Romans, in imitation of the Greeks, began to build 
places for exercise in their villas, they called them 
indifferently gymnasia and palaestrae. 15 The words 
were thus used by the Romans as synonymous ; and, 
accordingly, we find that Vitruvius 16 gives a descrip- 
tion of a Greek gymnasium under the name of pa- 
laestra. 

PALA'RIA. (Vid. Palus.) 

PALATPNI LUDI . ( Vid. Luni Palatini.) 

1. (Theocr., /ii., 156. — Matt., iii., 12. — Luke, iii., 17.) — 2. 
(Horn., II., v.. 499-502; xiii., 588-592.)— 3. (vi., 126, 128.)— 4. 
(Plat., Charm.', init.) — 5. (Gymnastikund Agonistikder Hellen., 
p. 117, &c.)— 6. (Charikles, i., p. 311, 335, &c.)— 7. OEsch., c 
Timavch., p. 35, Reiske.)— 8. (Antiph., De Caed. invol., p. 661, 
Reiske.)— 9. (Avistoph., Av., 138, 140.)— 10. (Lucian, Navig., 
4, vol. iii., p. 251, Reitz.)— 11. (Symp., ii., 4.)— 12. (v., 15, t> 5 ; 
vi., 21, () 2.)— 13. (x., p. 417,/.)— 14. (Krause, lb., p. 115.)— 15. 
(Cic. ad Att., i., 4, 8, 9, 10; ad Quint. Frat., iii., l, y 2; C. 
Verr., II., v., 72.) -16. (v., 11.) 
71ft 



PALE (jciikri, naXaiGfj.a, na?.acafioavvTi, or *,zra- 
67iriTiK7], lucta, luctatio), Wrestling. The word ndlri 
is sometimes used in a wider sense, embracing all 
gymnastic exercises with the exception of dancing, 
whence the schools of the athletae were called 
palastra, that is, schools in which the izuXrj in its 
widest sense was taught. 1 (Vid. Palestra.) There 
are also many passages in ancient writers in which 
ndlrj and iraXaleiv are used to designate any partic- 
ular species of athletic games besides wrestling, or 
a combination of several gtmes. 

The Greeks ascribed the invention of wrestling 
to mythical personages, such as Palaestra, the 
daughter of Hermes, 3 Antaeus and Cercyon,* Phor- 
bas of Athens, or Theseus. 5 Hermes, the god of 
all gymnastic exercises, also presided over the 
izulrj. Theseus is said by Pausanias 6 to have been 
the first who reduced the game of wrestling to cer- 
tain rules, and to have thus raised it to the rank of 
an art, whereas before his time it was a rude fight, in 
which bodily size and strength alone decided the 
victory. The most celebrated wrestler in the hero- 
ic age was Heracles. In the Homeric age wrest- 
ling was much practised, and a beautiful description 
of a wrestling match is given in the Iliad. 7 During 
this period wrestlers contended naked, and only the 
loins were covered with the nepifa/ia* and this cus- 
tom probably remained throughout Greece until 01. 
15, from which time the perizoma was no longer 
used, and wrestlers fought entirely naked. 9 In the 
Homeric age, the custom of anointing the body for 
the purpose of wrestling does not appear to have 
been known ; but in the time of Solon it was quite 
general, and was said to have been adopted by the 
Cretans and Lacedaemonians at a very early period." 
After the body was anointed, it was strewed over 
with sand or dust,, in order to enable the wrestlers 
to take a firm hold of each other. At the festival 
of the Sthenia in Argos, the iraky was accompanied 
by flute-music. (Vid. Sthenia.) 

When two athletae began their contest, each 
might use a variety of means to seize his antago- 
nist in the most advantageous manner, and to 
throw him down without exposing himself; 11 but 
one of the great objects was to make every attack 
with elegance and beauty, and the fight was for this, 
as well as for other purposes, regulated by certain 
laws. 12 Striking, for instance, was not allowed, but 
pushing an antagonist backward (udia/j.6^) was fre- 
quently resorted to. 13 It is probably on account of 
the laws by which this game was regulated, and the 
great art which it required in consequence, that Plu- 
tarch 14 calls it the rexviK^rarov /cat Travovpyorarov 
rdv adTiTifxaruv. But, notwithstanding these laws, 
wrestling admitted of greater cunning, and more 
tricks and stratagems, than any other game, With 
the exception of the pancratium, 15 and the Greeks 
had a great many technical terms to express the 
various stratagems, positions, and attitudes in which 
wrestlers might be placed. Numerous scenes of 
wrestlers are represented on ancient works of art. ! ' 
(See woodcut in Pancratium). 

The contest in wrestling was divided by the an- 
cients into two parts, viz., the ndXij bpdi] or bpdia 
(opdoardSyv naliaieiv), that is, the fight of the ath- 

1. (Plat., De Legg., vii., p. 795.— Herod., ix., 33 >— 2. (Vii 
Krause, p. 400, note 2.)— 3. (Apollod., ii.,4, $ 9.)— 4. (Plat ,De 
Legs., vii., p. 796.)— 5. (Schol. ad Pind., Nem., v., 49.)— 6. (i., 
39, t) 3.)— 7. (xxiii., 710, &c— Compare Od., viii., 103, 126, 246 
— Hesiod, Scut. Here, 302, where fxdx^iv {\kti56v signifies the 
TrrfXr;.)— 8. (II., xxiii., 700.)— 9. (Thucyd., i., 6, with the schol.— 
Paus., i., 44,0 1.— Dionys. Hal., vii., 72.)— 10. (Thucyd., 1. c- 
Plat., De Republ., v., p. 452.)— 11. (Ovid, Met., ix., 33, &c — 
Stat., Theb., vi., 831, &c— Heliod., ^Ethiop., x., p. 235.) — 12 
(Plat., De Legg., viii., p. 834.— Cic, Orat., 68.— Lucian, Anach,, 
24.— ^Elian, V. H., xi., 1.)— 13. (Plut., Symp., ii., 5.— Lucian 
Anach., i., 24.)— 14. (Symp., ii., 4.) - 15 (Xon,, Cvrop , i„ C, I 
32.)— 16. (Krause, i., p. 412, &c.) 



PA LIU A. 



rALLTUM. 



,etae as long as they stood upright, and the dXivdy- 

rtf or kvXigic (lucta volutatoria), in which the athle- 
»,» struggled with each other while lying on the 
ground. Unless they contrived to rise again, tLe 
akivdnoic was the last stage of the contest, whyjh 
continued until one of them acknowledged himself 
to be conquered. The ndXn bpdrj appears to have 
been the only one which was fought in the times of 
Homer, as well as afterward in the great national 
games of the Greeks ; and as soon as one athlete 
fell, the other allowed him to rise and continue the 
contest if he still felt inclined. 1 But if the same 
athlete fell thrice, the victory was lecided, and he 
was not allowed to go on. a The dkivdnoic was only 
fought in later times, at the smaller games, and es- 
pecially in the pancratium. The place where the 
wrestlers contended was generally soft ground, and 
covered with sand. 3 Effeminate persons sometimes 
spread large and magnificent carpets on the place 
where they wrestled. 4 Each of the various tribes 
of the Greeks seems to have shown its peculiar and 
national character in the game of wrestling in some 
particular trick or stratagem, by which it excelled 
the others. 

In a dietetic point of view, the o?uv6tioi$ was con- 
sidered beneficial to the interior parts of the body, 
the loins, and the lower parts in general, but inju- 
rious to the head, whereas the irdln bpQi] was be- 
lieved to act beneficially upon the upper parts of the 
body. It was owing to these salutary effects that 
wrestling was practised in all the gymnasia as well 
as in the palaestrae, and that in 01. 37 wrestling for 
boys was introduced at the Olympic games, and 
soon after in the other great games, and at Athens 
in the Eleusinia, and Thesea also. 5 The most re- 
nowned of all the Greek wrestlers in the historical 
age was Milon of Croton, whose name was known 
throughout the ancient world. 6 Other distinguished 
wrestlers are enumerated by Krause, 7 who has also 
given a very minute account of the game of wrest- 
ling, and everything connected with it, in his Gym- 
nastik und Agon. d. Hell., p. 400-439. 

PALI' LI A, a festival celebrated at Rome every 
year on the 21st of April, in honour of Pales, the 
tutelary divinity of shepherds. Some of the ancient 
writers call this festival Parilia, deriving the name 
from pario, because sacrifices were offered on that 
day pro partu, pecoris* The 21st of April was the 
day on which, according to the early traditions of 
Rome, Romulus had commenced the building of the 
city, so that the festival was at the same time sol- 
emnized as the dies natalitius of Rome ; 9 and some 
of the rights customary in later times were said to 
have been first performed by Romulus when he fix- 
ed the pomoerium. 10 Ovid 11 gives a description of 
the rites of the Palilia, which clearly shows that he 
regarded it as a shepherd-festival, such as it must 
originally have been when the Romans were real 
shepherds and husbandmen, and as it must have 
continued to be among country people in his own 
time, as is expressly stated by Dionysius ; for in 
the city itself it must have lost its original charac- 
ter, and have been regarded only as the dies natali- 
tius. The connexion, however, between these two 
characters of the festival is manifest, as the found- 
ers of the city were, as it were, the kings of shep- 



1. (Plat., De Legg., vii., p. 796.— Corn. Nep., Epam., 2.— Lil- 
ian. Lexiph., 5.) — 2. (Senec, De Benef, v., 3.— ^Eschyl., 
Agum., 171. — Anthol. Gr., torn, ii., p. 406, ed. Jacobs.) — 3. 
(Xen., Anab., iv., 8,1) 26. — Lucian, Anach., 2.) — 4. (Athen., 
xii., p. 539.)— 5. (Paus., v., 8, v 3 ; i ii., 11, t> 6.— Pind., 01., viii., 
6S.-Gell., xv., 20— Plut., Symp., ii., 5.)— 6. (Herod., Hi., 137. 
— Strab., vi., p. 262, &c— Diodor., xii., 9.) —7. (p. 135, &c.)— 
8. (Fest., s. v. Pales. — Compare Popularia sacra: Varro, De 
Ling. Lat., v., p. 55, Bip.— Dionys., i.,p. 75, Sylburg.)— 9. (Fes- 
tu*, «. v. Parihbus.— Cic, De Div., ii., 47.— Varro, De Re Rust., 
u., 1— Plin., II. N., xviii., 66.)— 10. (Dionys., 1. c.)— 11. (Fast., 
W., > 31 ifco l 



herds, and the oundeis of a religion suited to shep- 
herds. 

The first part of the solemnities, as described by 
Ovid, was a public purification by fire and smoke. 
The things burned in order to produce this purify- 
ing smoke were the blood of the October-horse, the 
ashes of the calves sacrificed at the festival of Ceres, 
and the shells of beans. The people were also 
sprinkled with water ; they washed their hands in 
spring-water, and drank milk mixed with must. 1 
As regards the October-horse (cquus October), it must 
be observed, that in early times no bloody sacrifice 
was allowed to be offered at the Palilia, and the 
blood of the October-horse, mentioned above, was 
the blood which had dropped from the tail of the 
horse sacrificed in the month of October to Mars in 
the Campus Martins. This blood was preserved by 
the vestal virgins in the Temple of Vesta, for the 
purpose of being used at the Palilia. 8 When, to- 
wards the evening, the shepherds had fed their flocks, 
branches of bay were used as brooms for cleaning 
the stables and for sprinkling water through them, 
and, lastly, the stables were adorned with bay 
boughs. Hereupon the shepherds burned sulphur, 
rosemary, fir-wood, and incense, and made the 
smoke pass through the stables to purify them ; the 
flocks themselves were likewise purified by this 
smoke. The sacrifices which were offered on this 
day consisted of cakes, millet, milk, and other kinds 
of eatables. The shepherds then offered a prayer 
to Pales. After these solemn rites were over, the 
cheerful part of the festival began : bonfires were 
made of heaps of hay and straw, and under the 
sounds of cymbals and flutes the sheep were again 
purified by being compelled to run three times 
through the fire, and the shepherds themselves did 
the same. The festival was concluded by a feast 
in the open air, at which the people sat or lay upon 
benches of turf, and drank plentifully. 3 

In the city of Rome the festival must, at least in 
later times, have been celebrated in a different mari- 
ner ; its character of a shepherd-festival was forgot- 
ten, and it was merely looked upon as the day on 
which Rome had been built, and was celebrated as 
such with great rejoicings.* In the reign of Calig- 
ula, it was decreed that the day on which the em- 
peror had come to the throne should be celebrated 
under the name of Palilia, as if the Empire had 
been revived by him, and had commenced its sec- 
ond existence. 5 Athenaeus 6 says that before his 
time the name Palilia had been changed into Ro- 
mano. ('Pu/uata). Whether this change of name was 
occasioned by the decree in the reign of Caligula 
just mentioned, is unknown. 7 

PALIMPSESTUS. (Vid. Liber.) 

PALLA. (Vid. Pallium.) 

PaLL'ACE (7za2,2,aK7j). (Vid. Concubina, Greek. , 

PALLIA'TA FA'BULA. (Vid. Comcedia, page 
300.) 

PA'LLIUM, dim. PALLIOLUM, poet. PALLA 8 
(ijudrcov, dim. lixaTidiov ; Ion. and poet. <j>upoc), a 
blanket or whittle, a sheet, a pall. The English 
cloak, though commonly adopted as the proper trans- 
lation of these terms, conveys no accurate concep- 
tion of the form, material, or use of that which they 
denoted. The article designated by them was a) 
ways a rectangular piece of cloth, exactly, or, a< 
least, nearly square (Terpdyuva iiidrm,* quadrangu- 
lus 10 ). Hence it could easily be divided without loss 

1. (Ovid, Fast., 1. c— Compare Propert., iv., 1, 20.)— 2. (So- 
lin., p 2, D. — Fest., s. v. October equus. — Plat.. Roinul., 12.," 
— 3. ( Tibull., ii., 5, 87, &c. — Compare Propert., iv., 4, 75.)— 4. 
(Athen., viii., p. 361.) — 5. (Suet., Calig., 16.)— 6. (1. c.) T 7 
(Compare Hartung, Die Relig. der Romer, ii., p. 150, &c.; —8. 
(Plaut., Men., II., iii., 41-4? —Ovid, Amor., III., i., 12 ; ii., 25.) 
—9. (Posidonius ap. Athec , t., p. 213.)— 10. (Tertull.. De PaJ 
lio, 1.) 

717 



PALLIUM. 



PALLIUM. 



or waste either into tour parts 1 or into twelve. 8 It 
was, indeed, used in the very form in which it was 
taken from the loom (vid. Tela), being made entirely 
by the weaver (to ipdrtov ixpTjvat 3 ), without any aid 
from the tailor except to repair [sarcire, aKeladat) the 
injuries which it sustained by time. Although it was 
often ornamented, more especially among the nor- 
thern nations of Europe, with a fringe (vid. Fim- 
briae), yet this was commonly of the same piece 
with the pall or blanket itself. Also, whatever ad- 
ditional richness and beauty it received from the art 
of the dyer, was bestowed upon it before its mate- 
rials were woven into cloth, or even spun into thread. 
Most commonly it was used without having under- 
gone any process of this kind. The raw material, 
buch as wool, flax, or cotton, was manufactured in 
its natural state, and hence blankets and sheets 
were commonly white (levnd Ipdria* ), although, 
front the same cause, brown, drab, and gray were 
also prevailing colours. The more splendid and 
elegant tints were produced by the application of 
the murex (muricata, conchyliata, -purpurea, vestis ; 
Tcopcpvpovv, alovpyr}, IpaTia 5 ), the kermes (coccineus, 
kokklvov), the argol (fucatus), and the saffron (cro- 
ceus, KponuTov). (Vid. Crocota.) Pale green was 
also worn (bfitydicivov 6 ). Black and gray pallia were 
either made from the wool of black sheep, 7 or were 
the result of the art of the dyer. They were worn 
in mourning (piXava Ifi&Tia* <j>aidv kadrjra 3 ), and by 
sorceresses. 10 The pallium of one colour (idioxpoov 
Ifidnov, literally " the self-coloured blanket" 11 ) was 
distinguished from the variegated (izolkLIov) ; and 
of this latter class the simplest kinds were the striped 
(ba66o>T6v li ), in which the effect was produced by in- 
serting alternately a woof of different colours, and 
the check or plaid (scutulatum, tesselatum),dn which 
the same colours were made to alternate in the 
warp also. Zeuxis, the painter, exhibited at the 
Olympic games a plaid having his name woven in 
the squares (tesss^a, nhivdia) in golden letters. 13 
An endless variety was produced by interweaving 
sprigs or flowers in the woof (dvdeot Kenoaalpe- 
vov 1 *). By the same process, carried to a higher 
degree of complexity and refinement, whole figures, 
and even historical or mythological subjects, were 
introduced, and in this state of advancement the 
weaving of pallia was the elegant and worthy em- 
ployment of females of the first distinction, 18 and of 
Minerva, the inventress of the art, herself. 16 The 
greatest splendour was imparted by the use of gold 
thread. 17 Homer represents Penelope weaving a 
purple blanket for Ulysses, which also displayed a 
beautiful hunting-piece wrought in gold. 18 The epi- 
thet 6cizAa^, which is commonly applied by the po- 
ets to these figured palls, probably denoted that they 
were made on the principle of a quilt or a Scotch 
carpet, in which two cloths of different colours are 
so interlaced as to form one double cloth, which dis- 
plays a pattern of any kind, according to the fancy 
of the artist. 

Although pallia were finished for use without the 
intervention of the tailor, they were submitted to the 
embroiderer (Phrygio ; 7rouu%Tfic, irlovp.aptoc 1 9 ), and 
still more commonly to the fuller (vid. Fsllo), who 
received them both when they were new from the 

1. (John, xix., 23.)— 2. (1 Kings, xi., 30.)— 3. (Plato, Charm., 
p. 86, 98, ed. Heindorf. — Hipp. Min., p. 21<\ ed. Bekker.) — 4. 
(Artem., ii., 3.) — 5. (Heracl. Pont. ap. Athen , xii., p. 512.) — 6. 
<Pollux, Onom., vii., 56.)— 7. (Theoc, v., 98.)— 8. (Xen., Hist. 
Gr., i., 7, <) 8.— Artem., I. c.)— 9. (Inscription in Fellovvs's Jour- 
nal, 1838, p. 31.)— 10. (Hor., Sat., I., viii., 23.)— 11. (Artem., 1. 
c.)— 12. (Xen., Cyrop., viii., 3, t) 8.) — 13. (Plin., H. N., xxxv., 
9, a. 36, 2.)— 14. (Plato, Republ., viii., p. 401, ed. Bekker.)- 15. 
iflom., II., iii., 125-128 ; xxii., 440, 441.)— 16. (Apoll. Rhod., i., 
721-768.) — 17. (Virg., Mxi., iv., 262-264. — Plin., H. N., viii., 
48; xxxiii., 19.— Auson., Epig., 37. — Themist., Orat., 21.— Q. 
Curt., iii., 3, 17.)— 18. (Od., xiv., 225-235.)— 19. (^Esch., o. Ti- 
t*amh., p. 118, ed. Reiske.— Schol. ad loc.) 
7'» 



loom and when they were sullied througn use. 
Hence it was a recommendation of this article of 
attire to be well trodden (evotmtov 1 ) and well 
washed (evttXvves 2 ). The men who performed the 
operation are called ol 7rAvi%, i. e., the washers, in 
an inscription found in the stadium at Athens. An- 
other appellation which they bore, viz., oi ctiSh^ 
the treaders, 3 is well illustrated by the wooden* 
representing them at their work in p. 453. 

Considering pallium and palla, cpdnov and <f>apoe f 
as generic terms, we find specific terms included 
under them, and denoting distinctions which dr 
pended on the materials of which the cloth w& 
made. Among the Greeks and Romans, by far tht 
most common material was wool.* The blanket 
made of it (laneum pallium 5 ) was called (from the 
root of lana, wool) in Latin L^ena, in Greek ^/lalva : 
and as the blanket varied, not only in colour and 
ornament, but also in fineness, in closeness of tex- 
ture (tfiaruov Xen-Tor^raf 6 ), and in size, some of 
these differences were expressed by the diminutives 
of %2,alva, such as xkaivtov, xkaviq,' 1 x^clvlSlov, 6 x^°- 
vlgklov 9 and x'kavLCKidLov.™ In like manner, we 
find the sheet not only designated by epithets added 
to the general terms in order to denote that it was 
made of flax, e. g., ipdrtov Xtvovv, Xivoto veoTrlvra 
(pdpea, 11 pallium lineum, 1 * but also distinguished by 
the specific terms linteum, linteamen; sindon, 13 ow- 
66v, 1 * and its diminutive oivdovlov. 15 A coarse 
linen sheet was also called fuouv, 16 and a fine one 
odovTj, dim. bdoviov. 11 These specific terms are no 
doubt of Egyptian origin, having been introduced 
among the Hebrews, the Greeks, and the Romans^ 
together with the articles of merchandise to which 
they were applied. On the same principle, a cotton 
sheet is called palla carbasea, 16 and a silk shawl is 
denominated pallium Sevicum, 19 and bdovcov 2qpi 



KOV 



30 



The following instances of the application of 
sheets and blankets to the purposes of common life, 
show that their uses were still more various among 
the Greeks and Romans than with us ; and al- 
though, in some of these cases, the application may 
have been accidental, it serves not the less on that 
account to demonstrate the form and properties of 
the thing spoken of, and the true meaning of the 
various names by which it was called : 

I. They were used, as we use them, to spread 
over beds and couches, and to cover the body du- 
ring sleep (lp.dTt.ov, IpaTiopog* 1 ^»apof, 2s ^AaZva, 83 
X^avioiaov, 24 pallium**). In many of these cases, it 
is to be observed that the same blanket which was 
worn as a garment by day served to sleep in at 
night, in exact agreement with the practice which 
to the present day prevails among the Bedouin 
Arabs, who constantly use their large hykes for 
both purposes. (Vid. Lectus, Lodix, Tapes.) 

II. They were spread on the ground and used ior 
carpets. Clitus, the friend of Alexander, when r.e 
held a levee, appeared walking kid noptyvpuv Ipa- 

1. (Apollon. Rhod., ii., 30.) — 2. (Horn., Od., viii., 425.)— 3. 
(Schol. in Apoll. Rhod., 1. c.) — 4. (Plaut., Mil., III., i., 93.— 
Xen., (Econ., vii., 36.— Theocr., 1. c.) — 5. (Cic., Da N. Deor., 
iii., 35.) — 6. (^Elian, V. H., iv., 3.) — 7. (Herod., iii., 139.— 
Athen., xii., p. 545, a.; 548, a.; 553, a.) — 8. (Herod., i, 195, 
compared with Strabo, xvi., 1, t) 20. — Plut., Symp. Probl , vi., 6, 
— Dionys., Ant. Rom., vii., 9.) — 9. (Aristoph., Acharn., 518. — 
JEsch., c. Timarch., p. 142. — Alciphron, i., 38.) — 10. (Aristoph., 
Pax, 1002.)— 11. (Orpheus, De Lapid., 702.)— 12. (Isid. Hisp., 
Orig., xix., 25.) — 13. (Mart., Epig., iv., 12.) — 14. (Herod., ii., 
86.— Mark, xiv., 51, 52.)— 15. (Palladii, Vita Serap.)— 16. (Pol- 
lux, vii., c. 16.) — 17. (Horn., II., iii., 141 ; xviii., 595. — Brunck, 
Anal., iii., 81.)— 18. (Prudent., Psychom., 186, 187.)— 19. (Stat., 
Sylv., III., isr., 89.) — 20. (Arrian, Peripl. Mar. Eryth., p. 164, 
170, 173, 177, ed. Blancardi.)-21. (^Elian., V. H., viii., 7; xii., 
1.— Deut., xxiv., 13.— Theophr., Char., 23.)— 22. (Soph.,Trach., 
916. — Compare 537.)— 23. (Theocrit., xviii., 19 ; xxiv., 25.— 
Horn., Od., xiv., 500-521 ; xvii., 86, 179; xx., 4, 95, 143.— Id, 
Hymn, in Ven., 159-184.) —24. (Alciph., 1. r. ) — 9-5. (Juv , vi 
202.— Spart., Hadr., 22.) 



PALLIUM 



PALLIUM 



nuv. 1 This was an affectation of Eastern luxury. 
When the people at Jerusalem spread their hykes 
upon the ground, 8 they intended thereby to recog- 
nise Jesus as a king. (Vid. Tapes.) 

III. They were hung over doors, 3 and used as 
awnings or curtains.* Thus Antigonus, sitting in 
his tent, heard two common soldiers reviling him, a 
blanket or sheet (palla) being interposed ; he shook 
it a little, and said, ** Go farther off, lest the king 
should hear you." 5 

IV. At the bath persons wiped and rubbed them- 
selves not only with linen sheets (linteis), but with 
very soft blankets (palliis ex mollissima lana factis 6 ). 
The coarse linen cloth used for this purpose was 
called sabanum (adtavov). 

V. Agamemnon 7 holds in his hand " a great pur- 
ple <f>upo?" to serve as a banner floating in the air. 

VI. Pallia, especially of I'nen and cotton, were 
used for sails (tyuocuvEc* ItvoicpoKov <pupog 9 ). 

VII. When Anthony's ships were on fire, his 
soldiers, having failed to extinguish it by water, 
which they could not obtain in sufficient quantity, 
threw upon it their thick blankets (l/mrta avrdv rd 
iraafea 10 ). 

VIII. Thick coarse blankets, which had not been 
to the fuller (l/idria dyvdrrTa 11 ), were wrapped round 
ice and snow to keep them from melting. (Vid. 
Nix.) 

IX. A fine white blanket was sometimes used as 
a shroud (<papoc Tatyfjiov, 12 Ifidrtov 13 ). 

X. In Asia, horses and other animals used to ride 
upon were covered with beautiful pallia, especially 
upon occasions of ceremony or of rejoicing. Cyrus 
had 200 horses covered with striped cloths. 1 * When 
the Persian ambassador, a few years ago, went to 
the levee in London, his horses were in like man- 
ner covered fiaOSuroie IftaTioic. 15 (Vid. Tapes.) 
From this we must distinguish the use of woollen 
horsecloths in Europe. 16 

XI. The newly-born infant was wrapped in a 
blanket (6upoc 11 ). (Vid. Incunabula.) 

XII. Lastly, the blanket was the most common 
article of the Amictus. (Vid. Chlamys.) Hence 
we find it continually mentioned in conjunction with 
the Tunica, which constituted the indutus. Such 
phrases as " coat and waistcoat," or " shoes and 
stockings," are not more common with us than such 
as those which follow in ancient authors : tunica 
palliurnque ; 18 Ifidnov nal x lT ^ v -> m tne w iU °f a cer " 
tain philosopher ; 19 to Ifidriou nal rbv xituvlckov ; <j>d- 
poc i]6e xltuv ; 20 x^alv.w ■? qde x^Cyva ; 21 x^ av h Kal 
Xt-Tcjvionoc. 22 The passages referred to in the note 
also exemplify the practice of naming these two ar- 
ticles of dress together. 23 

But, although the pallium and tunica were always 
regarded as essential parts of an entire dress, yet 
each of them might be worn without the other. 
Cases in which the tunic was retained and the 
blanket laid aside are explained under the article 
Nudus. It is also evident that the pallium would 
not be the most convenient kind of dress when the 

1. (Athen., xii , p. 539, c.)— 2. (St. Matt., xxi., 8.— St. Mark, 
ii., 8.— St. Luke, xix., 36.)— 3. (Prudent, adv. Sym., ii., 726.) 
—4. (Athen., xii., p. 518, a.)— 5. (Sen., De Ira, iii., 22.)— 6. 
IPetron., Sat., 28.) — 7. (Horn., II., viii., 221.)— 8. (Lycoph., 
r., 26.) — 9. (Eurip., Hec, 1080. — Horn., Od.,v., 258.) — 10. 
(Dion Cass., i., 34.) — 11. (Plut., Symp. Probl., vi., 6.) — 12. 
(Horn., II., xviii., 353.— Id., Odys., ii., 94, 100.)— 13. (Xen., Cy- 
rop., vii., 3, tf 13.)— 14. (Xen., Cyrop., viii., 3, t> 16.)— 15. (Com. 
pare St. Matthew, xxi., 7.— St. Mark, xi., 7.— St. Luke, xix., 
35.) — 16. (Veget., Art Veterin., i., 42; ii., 59.) — 17. (Horn., 
Hymn, in Apoll., 121.)— 18. (Cic. in Verr., II., v.. 52.— Plaut., 
Epid., V., ii., 61.)— 19. (Diog. Laert., v., 72.)— 20. (Horn., II., 
xxiv.,588.— Od., viii., 425.)— 21. (Horn., II., ii., 262,-Od., iv., 
50; v., 229 ; viii., 455; x , 365, 451 ; xiv., 132, 154, 320, 341 ; 
X"., 330 ; ivii., 89.)— 22. (Antiphanes, ap. Athen., xii., p. 545, 
a.)— 23. (Aul. Gell., vi., 10.— Plaut., Trin., v., 2, 30.— Athen., 
v , p. 198, c, d., f.— Theophr., Char., 21.— St. Matthew, v., 
40— John, xix., 23M» i 



weafei ol it had occasion to run ; and we find that 
in such circumstances he either put it away entire- 
ly, 1 or folded it up as a Scottish Highlander folds 
his plaid, and threw it round his neck or over his 
shoulder. 2 Telemachus, in like manner, puts off 
his purple pallium, together with his swordbelt, 
when he is preparing to try his father's bow.' On 
the other hand, to wear the blanket without the 
under-clothing indicated poverty or severity of man- 
ners, as in the case of Socrates,* Agesilaus,* and 
Gelon, king of Syracuse. 6 

The blanket was no doubt often folded about the 
body simply with a view to defend it from cold, and 
without any regard to gracefulness of appearance. 
It is thus seen on the persons of Polynices and Par- 
thenopaeus in the celebrated intaglio, now preserved 
at Berlin, representing five of the heroes who fought 
against Thebes, and copied on an enlarged scale in 
the annexed woodcut. The names of the several 




>• 



heroes are placed beside them in Etruscan letters. 
This precious relic was found at Perugia. Winck- 
elmann 7 reckons it the most ancient of all the works 
of art, and says that "it holds among intaglios the 
same place which Homer occupies among poets 
It shows, therefore, how, from the remotest periods 
of antiquity, a man " swathed" himself in his blan- 
ket ((Hrapyavuv kavrbv role Tpc6uvioic 6 ). By a slight 
adaptation, the mode of wearing it was rendered 
both more graceful and more convenient. It was 
first passed over the left shoulder, then drawn be 




1. (Horn., II., ii., 183.— Od., xiv., 500.)— 2. (Plaut., Capt.,IV., 
i., 12 ; iv., 2, 9.— Ter., Phorm., V., vi., 4.)— 3. (Horn., Od., xxi 
118.— Vid. Acts, vii., 58.)— 4. (Xen., Mem., i., 6, <> 2 )— 5. (/El., 
V. H., vii., 13.) — 6. (Diod. Sic, xi., 26.) — 7. (Desc. cles pierre 
ffTavees de Stosch, p ?» 1-347.)— 8. (Athen., vi., p. 258.) 

7'9 



PALLIUM 



PALUDAMEJNTUM. 



hi/id the back and under the right arm, leaving it 
bare, and then thrown again over the left shoulder. 
Of this we see an example in a bas-relief engraved 
by Dodwell. 1 Another very common method was 
to fasten the blanket with a brooch (vid. Fibula) 
over the right shoulder (afupiirepovaodai' 2 ), leaving 
the right arm at liberty, and to pass the middle of 
it either under the left arm, so as to leave that arm 
at liberty also, or over the left shoulder, so as to 
cover the left arm. We see Phocion attired in the 
last-mentioned fashion in the admired statue of him 
preserved in the Vatican at Rome. 3 (See woodcut.) 
The attachment of the blanket by means of the 
brooch caused it to depend in a graceful manner 
(demissa ex humeris*), and contributed mainly to the 
production of those dignified and elegant forms 
which we so much admire in ancient sculptures. 
When a person sat, he often allowed his blanket to 
fall from his shoulder, so as to envelop the lower 
part of his body only. 

The sagum of the northern nations of Europe 
(see woodcut, p. 171) was a woollen pallium, fast- 
ened, like that of the Greeks, by means of a brooch, 
or with a large thorn as a substitute for a brooch. 6 
The Gauls wore in summer one which was striped 
and checkered, so as to agree exactly with the 
plaid which still distinguishes their Scottish de- 
scendants ; in winter it was thick, and much more 
simple in colour and pattern. 6 The Greeks and 
Romans also wore different pallia in summer and in 
winter. The thin pallium made for summer wear 
was called hridoe, dim. X^Supiov, 7 and oneipov, dim. 
airetpiov* in contradistinction from the warm blan- 
ket with a long nap, which was worn in winter 
(lama, 9 ^Aatva, 10 axhcuvoi 11 ). This distinction in 
dress was, however, practised only by those who 
could afford it. Socrates wore the same blanket 
both in summer and winter. 19 

One kind of blanket was worn by boys, another 
by men {to natdiKov, to avdpelov Ifidriov 19 ). Women 
wore this garment as well as men. " Phocion's 
wife," says --Elian, 1 * " wore Phocion's blanket :" 
. J uit Xanthippe, as related by the same author, 16 
would not wear that of her husband Socrates. 16 
When the mean<» were not wanting, women wore 
blankets, which were in general smaller, finer, and 
of more splendid and beautiful colours than those of 
*men (d-oLfidrta avdpeia 17 ), although men also some- 
times displayed their fondness for dress by adopting 
in these respects the female costume. Thus Alci- 
biades was distinguished by his purple blanket, 
which trailed upon the ground ; 18 for a train was 
one of the ornaments of Grecian as well as Oriental 
dress (IfiaTiuv llt-etc 1 *), the general rule being that 
the upper garment should reach the knee, but not 
the ground. 20 When a marriage was celebrated, 
Vhe bridegroom was conspicuous from the gay col- 
our of this part of his dress." The works of an- 
cient art show that weights (glandes) were often 
attached to the corners of the pallium to keep it in 
<ts proper place and form. 

Philosophers wore a coarse and cheap blanket, 
which, from being exposed to much wear, was 

1. (Tour through Greece, vol. i., p. 243.) — 2. (Horn., II., x., 
131-136.— Stat., Theb., vii., 658, 659.— Apul., Flor., ii., 1.)— 3. 
<Mub. Pio-Clemeut., torn, i., tav. 43.) — 4. (Virg., JEn., iv., 263.) 
-5. (Tacit., Germ., 17.— Strab., iv., 4, 3.)— 6. (Diod. Sic, v., 
.10.)— 7. (Aristoph., Aves, 713, 717.)— 8. (Horn., Od.,ii., 102 ; vi., 
179.— Xen., Hist. Gr., iv., 5, I) 4.)— 9. (Mart., xiv., 136.)— 10. 
(Moeris, s. v.— Horn., II., xvi., 224.— Od., xix., 529.— Plut., De 
And., p. 73, ed. Steph.) — 11. (Callim., Hymn, in Dian., 115.) — 
12. (Xen., Mem., i.. 6, t> 2.) — 13. (Plut., De Aud., init.) — 14. 
(V. H, vii., 9.) — 15. (vii., 10.) — 16. (Vid. also Horn., Od., v., 
f29, 230 ; x., 542, 543— Plaut., Mem., IV., ii., 36.— Herod., v., 
87.)— 17. (Aristoph., Eccles., 26, 75, 333.)— 18. (Plut., Alcib., p. 
350, 362, ed. Steph.)— 19. (Plato, Alcib., i., p. 341, ed. Bekker.— 
Ovid, Met., xi., 166.— Quintil., xi., 3.)— 20. (jElian, V. H., xi., 
10. — Theophr., Char., 40 — 21. (Aristoph., Plut., 530, 714.— 
Schol. in loc.) 
720 



called rpi6uv and rpiSuviov 1 ( palliastrum*). lnn 
same was worn, also, by poor persons, 3 by the Spar- 
tans, 4 and in a later age by monks and hermijs 
(Qawv TpiSuvLov, 6 sagum rusticum 6 ). These blan- 
keteers (Tpi6ovo<p6poi 7 ) often w r ent without a tunie, 
and they sometimes supplied its place by the great- 
er size of their pallium. It is recorded of the phi- 
losopher Antisthenes that "he first doubled hia 
blanket," 8 in which contrivance he was followed 
by his brother Cynics, 9 and especially by Liogenes, 
who also slept and died in it, and who, according to 
some, was the inventor of this fashion. 10 The large 
pallium, thus used, was called diir'kdlg (diphis ll \ 
and also Exomis, because, being worn without the 
fibula, it left the right shoulder bare, as seen in the 
preceding figure of Polynices, and in the bas-relief 
in Dodwell's Tour already referred to ; ia and, when 
a girdle was added round the waist, it approached 
still more near to the appearance of the single- 
sleeved tunic, the use of which it superseded. 

In addition to the ordinary modes of wearing the 
pallium, mentioned above, it was, on particular oc- 
casions, w r orn over the head, and sometimes so as 
to cover the face, more especially, I. In concealing 
grief, or any other violent emotion of the mind ; 13 
II. In case of rain ; 14 III. In offering sacrifices, and 
in other acts of religion. 15 Of this custom Timan- 
thes availed himself in his famous picture of the 
sacrifice of Iphigenia. 16 It is obvious how. conve- 
nient the pallium was for concealing weapons or 
poison. The use of this garment to envelop the 
whole person gave origin to the metaphorical appli- 
cation of the verb palliare, meaning to hide or dis- 
semble. (Vid. Abolla.) 

Under the Roman Republic and the eaily em- 
perors, the Toga was worn by men instead of the 
pallium. They were proud of this distinction, and 
therefore considered that to be palliatus or saga/us 
instead of being togatus indicated an affectation of 
Grecian or even barbarian manners (Greco paXlio 
amictus, 17 Gratci palliati 19 ). Caecina, on his return 
from the north of Europe, offended the Romans (to- 
gatos) by addressing them in a plaid (versicolor* 
sagulo) and trowsers. (Vid. Braco*.) 19 A small 
square cloth (palliolum) was, however, worn by the 
Romans on their heads instead of a hat, when they 
were sickly or infirm ; a0 and some of them even 
adopted the Greek pallium instead of the RomaE 
toga. 81 

Among the Greeks as among ourselves, the man- 
ufacture of sheets, blankets, and other kinds of 
cloth employed different classes of work-people. 
The coarser kinds of blankets were made in Mega- 
ris, where this was the staple trade of the country, 
the work being performed by slaves. 82 At Athens 
there was a general cloth-market, called l/iaTiowib- 
\ie uyopa.* 3 

PALMA. I. (Vid. Pes.) *II. (Vid. Phoenix.) 

PALMIPES. (Vid. Pes.) 

PALUDAMENTUM, according to Varro 84 and 

1. (Aristoph., Plut., 897. — Athen., v., p. 211, e. — Themist., 
Orat., x., p. 155, ed. Dindorf.)— 2. (Apul., Florid., i.)— 3. (Isae- 
us, De Die, p. 94, ed. Reiske. — Polysen., Strat., vii., 35.) — 4. 
(Athen., xii., p. 535, e.—JE\ian, V. H., vii., 13.)— 5. (Synes., 
Epist., 147.)— 6. (Hieron., Vita Hilar.)— 7. (Palladii, Hist. Laug. 
in Vita Serap.) — 8. (Diog. Laert., vi., 6, 13.)— 9. (Bnmck, 
Anal., ii., 22.— Hor., Epist., I., vii., 25.)— 10. (Diog. Laert., vi., 
22, 77.)— 11. (Isid. Hisp., Orig., xix , 24.)— 12. (Plaut., Mil., IV , 
iv., 43.— ^Elian, V. H., ix., 34.) -13. (Horn., II., xxiv., 163.— Ou., 
viii., 83-95. — Xen., Cyr., v., 1, v 4-8. — Eurip., Suppl., 284.— 
Ion, 984. — Q. Curt., iv., 10, (/ 34; v., 12, (f 8. — Ovid, Fitst., ii., 
824.— 2d Sam., xv., 30 ; xix., 4.— Ezek., xii., 6.)— 14. (Aristoph., 
Nub., 268.)— 15. (Ovid, Met., i., 382, 398.)— 16. (Plin., II. N., 
xxxv., 10, s. 36, $ 6.— Val. Max., viii., 11, 6.— Quintil., ii., 13.— 
Cic, Orat., 22.)— 17. (Plin., Epist., iv., 11.)— 18. (Plaut., Cure, 
II.,iii.. 9. — Cic, Phil., v., 5 ; xiv., 1. — Sueton., Cses., 48. — VaL 
Max., ii., 6, 10.)— 19. (Tacit., Hist., ii., 20.)— 20. (Suet., Claud., 
2.— Quintil., xi., 3.)— 21. (Suet., Tib., IS.)— 22. (Xen., Mem., 
II., vii., 6.)—23. (PoUut, Cnom., vii., 18.)— 24. (De Liig. I*at., 
vii., 37 > 



PALb'DAMENTUM. 



PAMBOIOTIA. 



Fcstus,' originally signified any military decoration ; 
but the word is always used to denote the cloak 
v< r orn by a Roman general commanding an army, 
nis principal officers and personal attendants, in 
contradistinction to the sagum (vid. Sagum) of the 
common soldiers, and the toga, or garb of peace. It 
was the practice for a Roman magistrate, after he 
had received imperium from the comitia curiata, and 
offered up his vows in the Capitol, to march out of 
f .he city arrayed in the paludarnentum (exire paluda- 
ius 2 ), attended by his lictors in similar attire (palu- 
iatis licloribus 3 ) ; nor could he again enter the gates 
•«vntil he had formally divested himself of this em- 
blem of military power, a ceremony considered so 
solemn and so indispensable that even the emperors 
observed it.* Hence Cicero declared that Verres 
nad sinned " contra auspicta, contra omnea divinas ct 
humanas rcligiones" because, after leaving the city 
m his paludarnentum (cum patudatus exist'.t), he stole 
back in a litter to visit his mistress. 5 

The paludarnentum was open in / r./.t, reached 
down to the knees or a little lower, p?*i hung loose- 
ly over the shoulders, being (as'sond across the 
chest by a clasp. A foolish conir-Aersy has arisen 
among antiquaries with regard tP \he position of this 
clasp, some asserting that *♦: msxd on the right 
shoulder, others on me left, ) otL parties appealing 
to ancient statues and scuJpMies in support of their 
several opinions. It is evident, from the nature of 
the garment, as represented in the three following 
illustrations, that tn« hackle must have shifted 
from place to place, according to the movements 
of the wearer ; accordingly, in the first cut, which 
contains two figvire^ from Trajan's column, one 
representing an officer, the other the emperor with 
a tunic and fringed paludarnentum, we observe the 
clasp on the right shoulder, and this would mani- 
festly be its usual position when the cloak was not 
used for warmth, for thus the right hand and arm 
would be free and unembarrassed ; but in the sec- 
ond cut, copied from the Raccolta Maffei, represent- 
ing also a Roman emperor, we perceive that the 




«lasp is on the left shoulder ; while in the third, the 
noble head of a warrior from the great mosaic of 
Pompeii, we see the paludarnentum flying back in 
the charge, and the clasp nearly in front. It may 
be said that the last is a Grecian figure ; but this, 
if true, is of no importance, since the chlamys and 

I. (s. v.)— 2. (Cic. ad Fain., viii., 10.)— 3. (Liv., xli., 10 , xlv., 
39.)— 4. (Tacit., Hist., ii., 89.— Compare Sueton., Vitell., c. 11.) 
-* (In Verr.. II., v., 13.) 
4 Y 




the paludarnentum were essentially, if not absolute- 
ly, the same. Nonius Marcellus considers the two 
terms synonymous, and Tacitus 1 tells how the 
splendid naumachia exhibited by Claudius was 
viewed by Agrippina dressed chlamyde aurata, while 
Pliny 3 and Dion Cassius, 3 in narrating the same 
story, use respectively the expressions paludamento 
aurotextili and xka^vdi dtaxpvau. 




The colour of the paludarnentum was commonly 
white or purple, and hence it was marked and re- 
membered that Crassus, on the morning of the fatal 
battle of Carrhae, went forth in a dark-coioured 
mantie. 4 

PALUS, a Pole or Stake, was used in the mili- 
tary exercises of the Romans. It was stuck into 
the ground, and the tirones had. to attack it as it it 
had been a real enemy ; hence this kind of exercise 
is sometimes called Palaria. 5 Juvenal 6 alludes to 
it when he says, " Quis non vidit vulnera pali ?" and 
Martial 7 speaks of it under the name of stipes, "Aut 
nudi stipitis ictus Ac&es." 8 

PAMBOIO'TIA (JlafiSoiuTia), a festive panegyria 
of all the Boeotians, which the grammarians com- 
pare with the Panathenaea of the Atticans and the 
Panionia of the Ionians. The principal object of 
the meeting was the common worship of Athena 
Itonia, who had a temple in the neighbourhood of 
Coronea, near which the panegyris was held.' 
From Polybius, 10 it appears, that during this national 
festival no war was allowed to be carried on, and 
that in case of a war a truce was always concluded. 
The panegyris is also mentioned by Plutarch. 11 It 
is a disputed point whether the Pambceotia had any • 



I. (Ann., xii., 56.)— 2. (II. N., xxxiii., 3.)— 3. (lx., 33.)— 4 
(Val. Max., i., 6, $ 11.— Compare Plin., H. N., xxii., 1— Hir- 
tius, De Bello Afric, c. 57.)— 5. (Veget., i.. 11.)— 6. (vi., 247.1 
—7. (vii., 32, t> 8.)— 8. (Becker, Gallus, i., p 278.)— 9. (Strabo, 
ix., p. 411. — Paus., ix., 34, $ 1.) — 10 (iv , 3; ix., 34.) — 11 
(Amat. Narrat p. 774. F.) 

721 



PANATHENAEA. 



PANATHKN^EA. 



thing to do with the political constitution of Boeotia, 
or with the relation of its several towns to Thebes, 
which was at their head. The question is discussed 
in Sainte Croix, Des gouvernements federat., p. 211, 
&c. — Raoul Rochette, Sur la forme et Vadrninistr. 
de V etat federatif des Beotiens, in the Mem. de FAcad. 
des Inscript., vol. vin. (1827), p. 214, &c. — Wach- 
smuth, Hell. Alt, I., i., p. 128, &c. 

PANATHENAEA {Uavadrjvata), the greatest and 
most splendid of the festivals celebrated in Attica 
in honour of Athena, in the character of Athena 
PQlias, or the protectress of the city. It was said 
to have been instituted by Erichthonius, 1 and its 
original name, down to the time of Theseus, was 
believed to have been Athenaea ; but when Theseus 
united all the Atticans into one body, this festival, 
which then became the common festival of all At- 
ticans, was called Panathenaea. 2 According to this 
account, it would seem as if the name of the festi- 
val was derived from that of the city ; but the 
original name Athenaea was undoubtedly derived 
from that of the goddess, and the subsequent appel- 
lation Panathenaea merely signifies the festival of 
Athena, common to, or celebrated by, all the Attic 
tribes conjointly. Panathenaea are indeed men- 
tioned as having been celebrated previous to the 
reign of Theseus, 3 but these writers merely transfer 
a name common in their own days to a time when 
it was not yet applicable. The Panathenaea, which, 
as far as the character implied in the name is con- 
cerned, must be regarded as an institution of The- 
seus, were celebrated once in every year.* All 
writers who have occasion to speak of this festival 
agree in distinguishing two kinds of Panathenaea, 
the greater and the lesser, and in stating that the 
former were held every fifth year (Tvevraerijpi^), 
while the latter were celebrated once in every year. 
Libanius, 6 by mistake, calls the lesser Panathenaea 
rpLETrjpig. 

The time when the lesser Panathenaea (which 
are mostly called Panathenaea, without any epithet, 
while the greater are generally distinguished by the 
adjective (leydla) were celebrated, is described by 
Proclus, 6 in a vague manner, as following the cele- 
bration of the Bendidia ; from which Meursius in- 
fers that the Panathenaea were held on the day 
after the Bendidia, that is, on the 20th of Tharge- 
lion. Petitus, 7 on the other hand, has shown from 
Demosthenes 8 that the Panathenaea must have fall- 
en in the month of Hecatombaeon, and Corsini 9 has 
farther proved, from the same passage of Demos- 
thenes, that the festival must have commenced be- 
fore the 20th of this month, and we may add that 
it was probably on the 17th. Clinton 10 has revived 
the opinion of Meursius. 11 

The great Panathenaea were, according to the 
unanimous accounts of the ancients, a pentaeteris, 
and were held in the third year of every olympiad. 18 
Proclus 13 states that the great Panathenaea were held 
on the 28th of Hecatombaeon. This statement, 
however, must not lead us to suppose that the great 
Panathenaea only lasted for one day; but Proclus, in 
mentioning this particular day, was probably think- 
ing of the most solemn day of the festival on which 
the great procession took place, 14 and which was, in 
all probability, the last day of the festival, for it is 
expressly stated that the festival lasted for several 



1. (Harpocrat., s. v. TlavaOr'ivaia. — Marm. Par., Ep., 10.) — 2. 
YPaus., viii., 2, $ 1.— Plut., Thes., 24.— Apollod., iii., 14, t> 6.— 
Hygin., Poet. Astron., ii., 13. — Suid., s. v. TLavaQrjvaia.) — 3. 
(Apollod., iii., 15, t) 7. — Diod., iv., 60.)— 4. (Ilarpocr., Suid., s. 
v.)— 5. (Argum. ad Demosth., Mid., p. 510.)— 6. (ad Plat., Tim., 
p. 26, «Src.)— 7. (Leg. Att., p. 18.)— 8. (c. Timocr., p. 708.)— 9. 
(Fast. Att., ii., 357, &c.)— 10. (Fast. Hellen., ii., p. 332, &c.)— 
11. (Compare H. A. Miiller, Panathenaica, c. 3.)— 12. (Bockh, 
Staats., ii., p. 165, &c.) — 13. (ad Plat. Tim., p. 9.)— 14. (Thu- 
tvd., vi., 56.) 

722 



days. 1 We have, moreover, every reason 10 sup- 
pose, with Bockh, that the great Panathenaea took 
place on the same days of the mo??th of Hecatom- 
baeon on which the lesser Panathenaea were held, 
and that the latter were not held at all in those 
years in which the former were celebrated. Now 
if, as we have supposed, the lesser Panathenaea 
commenced on the 17th, and the last day of the 
greater festival fell on the 28th of Hecatombaeon, 
we may, perhaps, be justified in believing that the 
lesser, as well as the greater Panathenaea, lasted lor 
twelve days, that is, from the 17th to the 28th ol 
Hecatombaeon. This time is not too long, if we 
consider that the ancients themselves call the Pan- 
athenaea the longest of all festivals, 2 and if we bea* 
in mind the great variety of games and ceremonies 
that took place during the season. When the dis- 
tinction between the greater and lesser Panathenaea 
was introduced is not certain, but the former arc 
not mentioned before Ol. 66, 3, 3 and it may, there- 
fore, be supposed that they were instituted a short 
time before Ol. 66, perhaps by Pisistratus, for about 
his time certain innovations were made in the cele- 
bration of the Panathenaea, as is mentioned below. 
The principal difference between the two festivals 
only was, that the greater one was more solemn, 
and that on this occasion the peplus of Athena was 
carried to her temple in a most magnificent pro- 
cession, which was not held at the lesser Panathe 
naea. 

The solemnities, games, and amusements of the 
Panathenaea were : rich sacrifices of bulls, foot, 
horse, and chariot races, gymnastic and musical 
contests, and the lampadephoria ; rhapsodists reci. 
ted the poems of Homer and other epic poets, philos- 
ophers disputed, cockfights were exhibited, and the 
people indulged in a variety of other amusements 
and entertainments. It is, however, not to be sup- 
posed that all these solemnities and games took 
place at the Panathenaea from the earliest timeL. 
Gymnastic contests, horse and chariot races and 
sacrifices are mentioned in the legends belonging to 
the period anterior to the reign of Theseus.* The 
prize in these contests was a vase filled with oil 
from the ancient and sacred olive-tree of Athena on 
the acropolis. 5 A great many of such vases, called 
Panathenaic vases (aiu<popei<; Uavad/jvaiKoi 6 ), have in 
late years been found in Etruria, Southern Italy, 
Sicily, and Greece. They represent on one side the 
figure of Athena, and on the other the various con- 
tests and games in which these vases were given 
as prizes to the victors. The contests themselves 
have been accurately described from these vases by 
Ambrosch, 7 and the probable order in which they 
took place has been defined by Miiller. 8 

The poems of Homer were only read by rhapso- 
dists at the great Panathenaea; 9 and this custom 
commenced in the time of Pisistratus or of his son 
Hipparchus, after these poems had been collected. 
Afterward the works of other epic poets were also 
recited on this occasion. 10 Songs in praise of Har- 
modius and Aristogiton appear to have been among 
the standing customs at the Panathenaea. Musical 
contests in singing, and in playing the flute and the 
cithara, were not introduced at the Panathenaea until 
the time of Pericles ; they were held in the Ode- 
um. 11 The first who gained the victory in these 
contests was Phrynis, in Ol. 81, l. ia The prize for 

1. (Schol. ad Eurip., Hec, 464. — Aristid., Panath., p. 147.) 
—2. (Schol. ad Aristoph., Nub., 385.)— 3. (Thucyd., vi., 56 ; i., 
20. — Herod., v., 56.)— 4. (Apollod. and Diod., 11. cc. — Plut., 
Thes., 24.)— 5. (Pind., Nem., x., 35, &c— Schol. ad Soph., (Ed. 
Col., 698.)— 6. (Athen., v., p. 199.)— 7. (Annal. del. Instit., 1833, 
p. 64-89.)— 8. (1. c, p. 80, &c.)— 9. (Lycnrg., c Leocr., p. 161.) 
—10. (Plat., Hipparch., p. 228, B.— ./Elian, V. H., viii., 2.)— 11. 
(Plut., Pericl., 13.) — 12. (Schol. ad Aristoph., Nub., 971. ~ 
Marm. Par., Ep., 64.) 



rAWATHENiEA. 



PANATHENJSA. 



M8 victors in the musical contests was, as in the 
gymnastic contests, a vase, but with an additional 
chaplet of olive-branches. 1 Cyclic choruses and 
other kinds of dances were also performed at the 
Panathenaea, 2 and the pyrrhic dance in armour is 
expressly mentioned. 3 Of the discussions of phi- 
losophers and orators at the Panathenaea we still 
possess two specimens, the "koyoc; HavadnvacKog of 
Isocrates, and that of Aristides. Herodotus is said 
to have recited his history to the Athenians at the 
Panathenaea. The management of the games and 
contests was intrusted to persons called adlodtrai, 
whose number was ten, one being taken from every 
tribe. Their office lasted from one great Panathe- 
naic festival to the other.* It was formerly be- 
lieved, on the statement of Diogenes Laertius, 6 that 
dramatic representations also took place at the Pan- 
athenaea, but this mistake has been clearly refuted 
by Bockh. 6 

The lampadephoria, or torch-race of the Pana- 
thenaea, has been confounded by many writers, and 
even by Wachsmuth, 7 with that of the Bendidia. 
On what day it was held, Lnd in what relation it 
stood to the other contests, is unknown, though it 
is clear that it must have taken place in the even- 
ing. It has been supposed by some writers that 
the lampadephoria only took place at the great Pan- 
athenaea, but this rests upon the feeble testimony 
of Libanius, 8 while all other writers who mention 
this lampadephoria speak of it as a part of the Pan- 
athenaea in general, without the epithet /xey&Xa, 
which is itself a sufficient proof that it was common 
to both festivals. The same is implied in a state- 
ment of the author of the Etymologicum Magnum. 9 
The prize of the victor in the lampadephoria was 
probably the lampas itself, which he dedicated to 
Hermes. 10 

It is impossible to determine the exact order in 
which the solemnities took place. We may, how- 
ever, believe that those parts which were the most 
ancient preceded those which were of later intro- 
duction. Another instance, in this respect, are the 
sculptures of the Parthenon (now in the British 
Museum), in which a series of the solemnities of 
the Panathenaea is represented in the great pro- 
cession. But they neither represent all the solem- 
nities — for the lampadephoria and some of the gym- 
nastic contests are not represented — nor can it be 
supposed that the artists should have sacrificed 
beauty and symmetry merely to give the solemni- 
ties in precisely the same order as they succeeded 
one another at the festival. In fact, we see in 
these sculptures the flute and cithara players rep- 
resented as preceding the chariots and men on 
horseback, though the contests in chariot and horse 
racing probably preceded the musical contests. 
But we may infer, from the analogy of other great 
festivals, that the solemnities commenced with sac- 
rifices. The sacrifices at the Panathenaea were very 
munificent ; for each town of Attica, as well as 
every colony of Athens, and, during the time of her 
greatness, every subject town, had to contribute to 
this sacrifice by sending one bull each. 11 The meat 
of the victims appears to have been distributed 
among the people ; but, before the feasting com- 
menced, the public herald prayed for the welfare 
and prosperity of the Republic. After the battle 
of Marathon the Plataeans were included in this 
prayer. 12 

The chief solemnity of the great Panathenaea 

I. (Suid., s. v. navaOfjvaia.) — 2. (Lys., De Muner. Accept., 
|». 161.)— 3. (Aristoph., Nub., 988, with the schol.)— 4. (Pollux, 
Onora., viii., 8, 6.)— 5. (iii.. 56. — Compare Suidas, s. v. Terpa- 
Aoyla.)—6. (Graec. Tra?. Princip., p. 207.)— 7. (Hell. Alt., ii., 2, 
p. 246.)— 8. (Argum. ad Demosth., Mid., p. 510.)— 9. (s. v. Ktpti- 
utiKOi.) — 10. (Bockh, Corp. Inscript., i., n. 243, 250.) — 11. 
(Schi-1. ad Aristoph., Nub., 385.)— 12. (Herod., vi.. 111.) 



was the magnificent procession to the Temple of 
Athena Polias, which, as stated above, probably 
took place on the last day of the festive season. 
The opinion of Creuzer, 1 that this procession also 
took place at the lesser Panathenaea, is opposed to 
all ancient authorities with the exception of the 
scholiasts on Plato 2 and on Aristophanes, 3 and 
these scholiasts are evidently in utter confusion 
about the whole matter. The whole of this pro- 
cession is represented in the frieze of the Parthenon, 
the work of Phidias and his disciples. The de 
scription and explanation of this magnificent work 
of art, and of the procession it represents, would 
lead us too far.* The chief object of this proces- 
sion was to carry the peplus of the goddess to her 
temple. This peplus was a crocus-coloured gar- 
ment for the goddess, and made by maidens called 
epyaarlvat. 5 (Compare Arrhephoria.) In it were 
woven Enceladus and the giants, as they were con- 
quered by the goddess. 6 Proclus 7 says that the 
figures on the peplus represented the Olympic gods 
conquering the giants, and this, indeed, is the sub- 
ject represented on a peplus worn by an Athena 
preserved in the Museum of Dresden. On one oc- 
casion, in later times, when the Athenians over- 
whelmed Demetrius and Antigonus with their flat- 
teries, they also decreed that their images, along 
with those of the gods, should be woven into the 
peplus. 8 The peplus was not carried to the temple 
by men, but suspended from the mast of a ship ; 9 
and this ship, which was at other times kept near 
the Areopagus, 10 was moved along on land, it is 
said, by subterraneous machines. What these ma- 
chines may have been is involved in utter obscuri- 
ty. The procession proceeded from the Ceramicus, 
near a monument called Leocorium, 11 to the temple 
of Demeter at Eleusis, and thence along the Pelas- 
gic wall and the Temple of Apollo Pythius to the 
Pnyx, and thence to the Acropolis, where the 
statue of Minerva Polias was adorned with the 
peplus. 

In this procession nearly the whole population of 
Attica appears to have taken part, either on foot, 
on horseback, or in chariots, as may be seen in the 
frieze of the Parthenon. Aged men carried olive- 
branches, and were called daXXoQopoi ; ia young men 
attended, at least in earlier times, in armour ; 13 and 
maidens who belonged to the noblest families of 
Athens carried baskets, containing offerings for the 
goddess, whence they were called navr/Qopoi. 1 * Re- 
specting the part which aliens took in this proces- 
sion, and the duties they had to perform, see Hv- 

DRIAPHORIA. 

Men who had deserved well of the Republic were 
rewarded with a gold crown at the great Panathe- 
naea, and the herald had to announce the event 
during the gymnastic contests. 15 Prisoners, also, 
were allowed to enjoy freedom during the great 
Panathenaea. 1 ' 

(Compare J. Meursii, Panathenaea, liber singularis, 
Lugd. Bat., 1619 ; C. Hoffmann, Panatknaikos, 
Cassel, 1835, 8vo ; H. A. Miiller, Panathenaica, 
Bonn, 1837, 8vo ; C. 0. Midler's Dissertation, Quo 
anni tempore Panathenaea minor a celebrata sint, which 



1. (Symbol., ii., p. 810.)— 2. (Republ., init.)— 3. (Equit., 566.) 
4. (Vid. Stuart, Antiq. of Athens, vol. ii. — Leake, Topogr. of 
Athens, p. 215, &c— C. O. Miiller, Handbuch der Archaol der 
Kunst, v 118.— H. A. Miiller, Panath., p. 98, &c.)— 5. (Hesyc.h., 
s. v.) — 6. (Eurip., Hec, 466.— Schol. ad Aristoph., Equit., 566. 
Suid., s. v. IlfirAoj.— Virg., Cir., 29, &c— Compare Plat., Eu- 
thyd., p. 6.)— 7. (ad Plat., Tim.)— 8. (Plut., Demetr., 10.) — 9. 
(Schol. Horn., II., v., 734.— Philostr., Vit. Soph., i., 5, p. 550.— 
Compare Bockh, Graec. Trag. Princ, p. 193, &c. — Schol. ad 
Aristoph., Pac.,418.)— 10. (Paus., i., 29, $ 1.)— 11. (Thucyd., i., 
20.)— 12. (Etym. Magn. and Hesych., s. v.)— 13. (Thucyd., vi., 
56.)— 14. (Harpocr., s. v. K.aiT)4>6pos — Compare Thucyd., 1. c.) 
— 15. (Demosth., De Corona, p. 265. — Compare Meursius, Pan 
ath., p. 43.) — 16. (Ulpian ad Demosth., c. Timocr., p. 740 
Compare Demosth., De Fals. Leg., p. 394.) 

723 



PANCRATIUM. 



PANCRATIUM. 



ib reprinted in the Philological Museum, vol., ii., p. 
227-235.) 
' PANCRATIASTAE. (Vid. Pancratium.) 

PANCRATIUM (Traynpdrtov) is derived from 
fruv and npaTog, and accordingly signifies an ath- 
letic game, in which all the powers of the fighter 
were called into action. The pancratium was one 
of the games or gymnastic contests which were ex- 
hibited at all the great festivals of Greece ; it con- 
sisted of boxing and wrestling {-Kvyfj.fi and Trdlrj), 
and was reckoned to be one of the heavy or hard 
exercises (dyoviajnara f3ap£a or (3apvrepa), on ac- 
count of the violent exertions it required, and for 
his reason it was not much practised in the gym- 
nasia ; and where it was practised, it was probably 
not without modifications, to render it easier for the 
boys. According to the ancient physicians, it had 
very rarely a beneficial influence upon health. 1 

At Sparta the regular pancratium was forbidden, 
out the name was there applied to a fierce and ir- 
regular fight, not controlled by any rules, in which 
even biting and scratching were not uncommon, 
und in which, in short, everything was allowed by 
which one of the parties might hope to overcome 
the other. In Homer we neither find the game nor 
the name of the pancratium mentioned, and, as it 
was not introduced at the Olympic games until 01. 
33, 2 we may presume that the game, though it may 
have existed long before in a rude state, was not 
Drought to any degree of perfection until a short 
time before that event. It is scarcely possible to 
speak of an inventor of the pancratium, as it must 
have gradually arisen out of a rude mode of fighting, 
which is customary among all uncivilized nations, 
and which was kept up at Sparta in its original 
state. But the Greeks regarded Theseus as the in- 
ventor of the pancratium, who, for want of a sword, 
was said to have used this mode of fighting against 
the Minotaurus. 3 Other legends represented Hera- 
cles as having been victor in the pancratium,* and 
later writers make other heroes also fight the pancra- 
tium ; 5 but these are mere fictions. After the pancra- 
tium was once introduced at Olympia, it soon found 
its way also into the other great games of Greece, 
and in the times of the Roman emperors, we also 
find it practised in Italy. In 01. 145 the pancratium 
for boys was introduced at the Olympic games, and 
the first boy who gained the victory was Phaedi- 
mus, a native of a town in Troas. 6 This innova- 
tion had been adopted before in others of the na- 
tional games, and in the 61st Pythiad (01. 108) we 
find a Theban boy of the name of Olaides as victor 
in the pancratium in the Pythian games. 7 At the 
Isthmian games the pancratium for boys is not men- 
tioned till the reign of Domitian ; 8 but this may be 
merely accidental, and the game may have been 
practised long before that time. 

Philostratus 9 says that the pancratium of men 
was the most beautiful of all athletic contests ; and 
the combatants must certainly have shown to the 
spectators a variety of beautiful and exciting spec- 
tacles, as all the arts of boxing and wrestling ap- 
peared here united. 10 The combatants in the pan- 
cratium did not use the cestus, or if they did, it was 
the qiavTeq /ualaKUTspot (vid. Cestus), so that the 
hands remained free, and wounds were not easily 
inflicted. 

The name of these combatants was pancratiastae 
(Tay/fpanaorat) or Tra/i/zajoi. 11 They fought naked, 
and had their bodies anointed and covered with 
sand, by which they were enabled to take hold of 

1. (Mercurialis, De Arte Gymnast., v., 7.) — 2. (Paus., v., 8, $ 
3.)— 3. (Schol. ad Pind., Nem., v., 89.)— 4. (Paus., v., 8, t) 1.- 
Hygin., Fab., 273.) — 5. (Lucan, Pharsal., iv., 613, &c.) — 6. 
(Paus., v., 8, in fin.)— 7. (Paus.,x., 7, t) 3.)— 8. (Corsini, Dis- 
eert. Agon., p. 101.) — 9. (Imag., ii., 6.) — 10. (Aristot., Rhet., i., 
R — Plut., Symp., ii., p. 638, C.)— 11. (Pollux, Onom., iii., 30, 5.) 
724 



one another. 1 In cases where the contests of the 
pancratiastae were not regulated by strict rules, it 
might, as at Sparta, sometimes happen, that the fight- 
ers made use of their teeth and nails ; a but such ir 
regularities probably did not occur at any of the 
great public games. 

When two pancratiastae began their contest, the 
first object which each of them attempted to ac- 
complish was to gain a favourable position, each 
trying to make the other stand so that the sun 
might shine in his face, or that other inconvenien- 
ces might prevent his fighting with success. This 
struggle (ayuv nepl rfiq ardaeug 3 ) was only the in- 
troduction to the real contest, though, in certain ca- 
ses, this preparatory struggle might terminate the 
whole game, as one of the parties might wear out 
the other by a series of stratagems, and compel 
him to give up farther resistance. Sostratus ot 
Sicyon had gained many a victory by such trices.* 
When the real contest began, each of the fighters 
might commence by boxing or wrestling, according- 
ly as he thought he should be more successful in 
the one than in the other. The victory was not de- 
cided until one of the parties was killed or lifted up 
a finger, thereby declaring that he was unable to 
continue the contest either from pain or fatigue. 5 
It usually happened that one of the combatants, by 
some trick or other, made his antagonist fall to the 
ground, and the wrestling which then commenced 
was called dvaicXivoTcdXn, and continued till one of 
the parties declared himself conquered or was 
strangled, as was the case at Olympia with Arrhi- 
chion or Arrachion, of Phigalia in 01. 54. 6 A lively 
description of a struggle of this kind is given by 
Philostratus. 7 Sometimes one of the fighters fell 
down on his back, on purpose that he might thus 
ward off* the attacks of his antagonist more easily, 
and this is perhaps the trick called virnaofiog. The 
usual mode of making a person fall was to put one 
foot behind his, and then to push him backward, or 
to seize him round his body in such a manner that, 
the upper part being the heavier, the person lost his 
balance and thus fell. Hence the expressions fie- 
gov \a\ibdvuv, fieaoXaSetv, fieaov alpslv, rd fiioa ££e*v, 
Aid fxrjpdv anap, &c. 8 The annexed woodcut rep- 




resents two pairs of pancratiastae ; the one on the 
right hand is an example of the dvaKMvondXr), and 
that on the left of the fxeaola6elv. They are taken 
from Krause's Gymnastik und Agonistik d. Hellen., 
Taf, xxi., b., fig. 35, b. 31 b., where they are cop- 
ied respectively from Grivaud, Rec. d. Mon. Ant., 
vol. i., pi. 20, 21, and Krause, Signorum. vet. icones, 
tab. 10. 

At Rome the pancratium is first mentioned in the 
games which Caligula gave to the people. 9 After 
this time it seems to have become extremely popu- 



1. (Philost., 1. c— Aristoph., Pax, 848.)— 2. (Philost , 1. c— 
Lucian, Demonax, c. 49. — Plut., Lac. Apoph., p. 234, D., ed 
Franc.)— 3. (^Esch., c. Ctesiph., p. 83, ed. Steph.) — 4. (Paus., 
vi., 4, <) 1.)— 5. (Faber, Agonist., i., 8.) — 6. (Paus., viii., 40, $ 1, 
&c— Euseb., Chron., p. 150, Scalig.)— 7. (1. O— 8. (Sc^ij *d 
Euseb., Chron., p. 48.)— 9. (Dion Cass., lix., 13.) 






PANDLCT.E. 



PANDECTJE. 



tai, anil Justinian (Novell, cv., c. i, provided ndy- 
napnov be, as some suppose, a m .stake for irayicpa- 
riov) made it one of the seven solemnities (irpoodoi) 
which the consuls had to provide for the amusement 
of the people. 

Several of the Greek pancratiasta? have been im- 
mortalized in the epinician odes of Pindar, name- 
ly, Timodemus of Athens, 1 Melissus and Strepsi- 
ades of Thebes, 8 Aristoclides, Cleander, and Phy- 
lacides of JDgina,' and a boy, Pytheas of JEgina. 4 
But, besides these, the names of a great many oth- 
er victors in the pancratium are known. 6 

The diet and training of the pancratiasta? was 
the same as thar, of other athletae. 6 ( Vid. Ath- 

PANDECTS or DIGESTA. In the last month 
of the year AD. 530, Justinian, by a constitution 
addressed to Tribonian, empowered him to name a 
commission for the purpose of forming a code out of 
th6 writings of those jurists who had enjoyed the 
jus respondendi, or, as it is expressed by the em- 
peror, " anliquorum prudenlium quibus auctoritatem 
cons^ribendarum inter pretandarumque legum sacratis- 
simi principes prcebuerunt." The compilation, how- 
ever, comprises extracts from some writers of the 
republican period. 7 Ten years were allowed for the 
completion of the work. The instructions of the 
emperor were, to select what was useful, to omit 
what wus antiquated or superfluous, to avoid unne- 
cessary repetitions, to get rid of contradictions, and 
to make nuch other changes as should produce, out 
of the muiss of ancient juristical writings, a useful 
and complete body of law (jus antiquum). The 
compilation was to be distributed into fifty books, 
and the books were to be subdivided into titles (tit- 
uli) The work was to be named Digesta, a Latin 
term indii ating an arrangement of materials, or 
Pandectae, a Greek word expressive of the com- 
prehensiveness of the work. It was also declared 
that no commentaries should be written on this com- 
pilation, but permission was given to make paratit- 
la or references to parallel passages, with a short 
statement of their contents. 8 It was also declared 
that abbreviations (sigla) should not be used in 
forming the text of the Digest. The work was 
completed in three years (17 Cal. Jan., 533), as ap- 
pears by a constitution, both in Greek and Latin, 
which confirmed the work, and gave to it legal au- 
thority. 9 

Besides Tribonian, who had the general conduct 
of the undertaking, sixteen other persons are men- 
tioned as having been employed on the work, among 
whom were the professors Dorotheus and Anatolus, 
who for that purpose had been invited from the law- 
school of Berytus, and Theophilus and Cratinus, who 
resided at Constantinople. The compilers made 
use of about two thousand different treatises, which 
contained above 3,000,000 lines (versus, otixoi), but 
the amount retained in the compilation was only 
150,000 lines. Tribonian procured this large col- 
lection of treatises, many of which had entirely fallen 
into oblivion, and a list of them was prefixed to the 
work, pursuant to the instructions of Justinian. 10 
Such a list is at present only found in the Florentine 
MS. of the Digest, but it is far from being accurate. 
Still it is probably the index mentioned in the Con- 
stitution Tanta, &c. u 

The work is thus distributed into fifty books, 
which are subdivided into titles, of which there are 

1. (Nem., ii.)— 9. (Isth., iii. and vi.) — 3. (Nem., iii.— Isth., 
iv., v., and vi.) — 4. (Nem., v.) — 5. (Compare Fellows, Discover- 
ies in Lycia, p. 313, London, 1841.)— 6. (Compare H. Mercuria- 
ls, De Arte Gymnast. — J. H. Krause, Die Gymnastik und Agrm- 
•atik tier HrlUmen, vol. i., p. 534-556.)— 7. (Const. Deo Auc- 
tore.)— 8. (Const. Deo Auctore, s. 12.)— 9. (Const. Tanta, &c, 
uid AttoKcv.)— 10. (Cmst. Tanta, &c, s. 16.)— 11. (Puchta, 
ilcmerkungf n iiber den Index Florentinus, Rhein , Mus., iii.) 



said to be 422. Under each title are placed me ex 
tracts from the several jurists, numbered 1, 2, 3, 
and so on, with the writer's name and the name 
and division of the work from which the extract is 
made. These extracts are said to amount to 9123. 
No name corresponding to liber or titulus is given 
to these subdivisions of tituli which are formed by 
the extracts from the several writers, but Justinian v 
has called them " leges," and, though not " laws" in 
the strict sense of the term, they were, in fact, 
"law;" and in the same sense the emperor calls 
the jurists "legislatores." 8 The fifty books differ 
materially, both in bulk, number of titles, and num- 
ber of extracts. The glossatores and their follow- 
ers, in referring to the Digest, sometimes indicate 
the work by P, p, or IT, and sometimes by D or ff, 
which according to some writers represents D, and 
according to others represents II. 

There was also a division of the whole fifty books 
into seven larger masses, called partes, which cor- 
responded to the seven main divisions of the works 
on the Edict, and had also a special reference to 
the course of instruction then established. Thus 
the first pars comprises four books, the second pars 
comprises seven books, and so on. 3 

The number of writers from whose works ex- 
tracts were made is thirty-nine, comprehending 
those jurists from whom extracts were made at 
second hand, as Qu. Mucius Scaevola, the pontifex, 
from whom four fragments, and iElius Gallus, from 
whom one fragment is taken ; but omitting Servius 
Sulpicius Rufus, who is represented by Alfenus, 
distinguishing ^Elius Gallus from Julius Aquila, Ve- 
nuleius from Claudius Saturninus ; assuming that 
there is only one Pomponius, and omitting Sabinus. 
whose name is erroneously inserted in the Floren- 
tine Index. * 

The following is the list of jurists from whose 
writings the Digest was constructed, as it is given 
in the Palingenesia of Hommelius, who has ar- 
ranged the matter taken from each writer under 
his name, and placed the names in alphabetical or- 
der. The dates of the jurists are chiefly founded 
on the authority of Zimmern. The figures in the 
third column indicate the proportions contributed to 
the Digest by each jurist, estimated in the pages of 
Hommelius : (a) denotes that the contribution is 
under one page of the Palingenesia. This list in 
eludes Sabinus. The extracts from many of the 
writers are few and short : those from Ulpian, 
which are more than a third of the whole, Paulus, 
Papinian, Julianus, Pomponius, Q. Cervidius Seas 
vola, and Gaius are the largest. 

DATE. 

Sextus Caecilius, Africanus . . Hadrian and the 

Antonini ... 24 
Alfenus Varus, a pupil of Ser- 
vius, Sulpici- 
us Rufus and 
contemporary 
with Cicero . 9 

Furius Anthianus . Unknown . . . (at 

Julius Aquila, . . . perhaps about 

the time of 
Sep. Severus (a) 
Aurelius .... Arcadius Charisius, Constan- 

tine the Great 2£ 
Callistratus . Caracalla ... 17£ 
Juventius .... Celsus . . Domitian and 

Hadrian ... 23 
Florentinus . Alex. Severus . 4 
Gaius .... Hadrian and the 

Antonini 72 



1. (Const. Tanta, &c, s. 7.)— 2. (Const. Tanta, &c, s. 16.) 
—3. (Const. Tanta, <fcc, s. 2, " Isritur prima quidem pars," &c ) 
— 4 (Zimmern, Geschichte des R5m Pnvatrechts, p. 224.1 

725 



PANDECTS. 



PANDECTS. 



DATE. 

U. ^Elius .... Gallus ... a contemporary 

of Cicero . . (a) 
Claudius .... Hermogenianus, Constantine 

the Great . . 9£ 
Priscus . ... Javolenus . . Nerva and Ha- 
drian .... 23^ 
Salvius Julianus . . a pupil of Javo- 
lenus .... 90 
M. Antistiu3 . . Labeo .... Augustus ... 12 

JEmilius Macer . . . . Alex. Severus . 10 

Lucius Volusius, Macianus . . Antoninus Pius 8 
Lucius Ulpius . Marcellus . . The Antonini . 32£ 

iElius Marcianus . Caracalla and 

Alex. Sever- 
us 38 

Junius Mauricianus Antoninus Pius 1£ 

Rutilius Maximus . . Unknown ... (a) 

Arrius Menander . . Caracalla ... 3 

Herennius . . . Modestinus . a pupil of D. Ul- 

pianus . . . 41^ 

Quintus Mucius Scsevola, Pontifex 

Max., consul 
B.C. 95 . . . 1 

Priscus Neratius . . Trajan 10 

Lucius vEmilius, Papinianus . S. Severus and 

Caracalla . . 104 

Justus Papirius . . M. Aurelius . . 2^ 

Julius Paulus . . . Alex. Severus . 297 

Pomponius . Antoninus Pius 80 

Licinius 1 . . . . Proculus . . Otho 1 6 

Licinius Rufinus . . . Caracalla ... 1£ 

Massurius . . . Sabinus . . . Tiberius .... 1? 
Claudius .... Saturninus . The Antonini . 1 
Qu. Cervidius . Scavola . . . The Antonini . 78£ 
Paternus .... Tarrentenus Commodus . . (a) 
Clemens .... Terentius . . Hadrian and the 

Antonini . . 3£ 
Q, Sep. Florens Tertullianus, S. Severus and 

Caracalla . . ll 
Claudius .... Tryphoninus, S. Severus and 

Caracalla . . 22 
Salvius Aburnus Valens . . . Hadrian & An- 
toninus Pius . 3 
Venuleius . . The Antonini . 10 
Domitius .... Ulpianus . . S. Severus and 

Alex. Sever- 
us 610 

C. ^Elius, the sixth on this list, must not be con- 
rounded with C. Aquilius Gallus, one of the mas- 
ters of Servius Sulpicius, from whom there is no 
extract in the Digest. It follows, from the instruc- 
tions of the emperor and the plan of the work, that 
the extracts from the jurists are not always given 
in their exact words. It is probable that many 
short passages were interpolated or altered, as a 
matter of necessity, though there seems to be no 
reason for supposing that these changes were car- 
ried farther than the nature of the case required. 
Still there is no doubt that the changes are such 
that the extracts from the old jurists cannot be used 
for many purposes without some caution and judg- 
ment. 

The distribution of the matter of the Digest into 
books and titles has evidently been made according 
to a plan, as will be obvious on inspecting the list 
of tituli prefixed to the editions. Thus the 28th 
book treats of testaments, of the institution of a he- 
res, &c., and the 29th of military testaments, and 
of codicils, &c. ; in fact, of matters appertaining to 
universal succession by testament : the 30th, 31st, 
and 32d books treat of legacies and fiduciary be- 
quests. There is a method of arrangement, there- 
fore, so far as generally to bring things of the same 
kind together, but the compilation has no claims to 
being considered as a scientific arrangement of the 
726 



matter of law. And, indeed, the eompileis were 

evidently fettered in this respect by the emperor's 
instructions, which required them to arrange (dige- 
rere) the whole body of the law comprised in the 
Digest, according to the Code and the Edictum Per- 
petuum. 

It has long been a matter of dispute whether the 
compilers of the Digest were guided by any, and if 
any, by what principle in the arrangement of the 
several extracts under the respective titles. Thia 
subject is examined in a very learned essay by 
Bluhme, entitled " Die Ordnung der Fragmente in 
den Pandektentiteln." 1 The investigation is, of 
course, founded on the titles of the several works 
of the jurists, which, as already observed, are given 
at the head o' each extract : thus, for instance, in 
the beginning of the third book, the first seven ex- 
tracts are headed as follows : " Ulpianus Libro sex- 
agesimo quarto ad Edictum;" "Idem Libro primo 
Fideicommissorum ; : ' "Idem Libro quarto ad Sa'ci- 
num ;" " Idem Libro quinto ad Sabinum ;" " Paulus 
Libro primo ad Sabinum;" "Julianus Libro trige- 
simo tertio Digestorum ;" " Paulus Libro secundo ad 
Sabinum." These will serve as samples of the 
whole, and will explain the following remarks from 
Bluhme, whose conclusions are these : " The com- 
pilers separated all the writings from which extracts 
were to be made into three parts, and formed them- 
selves into three committees. Each committee 
read through in order the books that had fallen to 
its lot, yet so that books which were closely related 
as to their contents were extracted at the same 
time. The books were compared with the Code of 
Justinian, and what was selected for the new com- 
pilation was placed under a title taken either from 
the Code, the Edict, or, in case of necessity, from 
the work itself which was extracted. What came 
under the same title was compared ; repetitions 
were erased; contradictions were got rid of; and 
alterations were made when the contents of the ex- 
tracts seemed to require it. When the three com- 
mittees had finished their labours, the present Di- 
gest was formed out of the three collections of ex- 
tracts. In order to accomplish this, they made that 
collection the foundation of each title which con- 
tained the most numerous, or, at least, the longest 
extracts. With these they compared the smaller 
collections, striking out, as they had done before, 
repetitions and contradictions, making the necessa- 
ry additions, and giving more exact definitions and 
general principles. What remained over of the 
smaller collections without having had an appro- 
priate place assigned to it, was placed after the first 
collection, and its place in the series after the first 
collection was generally determined by the number 
of extracts. 

" The Digest does not seem to have been subject- 
ed to any farther revision." 

Bluhme remarks, that although the constitutions 
Deo Auctore, Imperatoriam, Tanta, and Cordi con- 
tain much information on the economy of the Di- 
gest and the mode of proceeding of the compilers, 
only the two following facts are distinctly stated : 
1. That the extracts from the writings of the ju 
rists were arranged according to the titles of the 
Code and the Edict. 2. That the extracts were 
compared with the Code. Accordingly, everything 
else must be proved from an examination of the 
work itself, and this is the object of Bluhme's labo- 
rious essay. He observes, that if a person will ex- 
amine the extracts in the titles De Verborum Sig- 
nificatione and De Regulis Juris, 3 he will find a 
regular order observable in the titles of the juristi- 
cal works from which the extracts aie taken. Gen- 



I. (Zeitschrift, iv.)— 2. (50, tit. 16, 17- > 



PAWUECT.E. 



PANEGYRIS 



erally, the series of the books quoted shows that 
the original order of the works from which the ex- 
tracts were to be made has not been altered ; and 
the several works generally follow in both these ti- 
tles in the same ordei. A similar remark applies 
lo the title De Verborum Obligationibus, 1 though 
;here is a variation in all the three titles as to the 
relative order of the three masses, which are pres- 
ently to be mentioned. " In the remaining titles of 
ihe Digest," adds Bluhme, " at first sight it appears 
as if one could find no other distinction in the titles 
<j{ the extracts than this, that one part of them has 
i certain kind of connexion, and another part mere- 
ly indicates a motley assemblage of books out of 
which the extracts have been made. But, on a clo- 
ser comparison, not only are three masses clearly 
•listingukhable, but this comparison leads to the cer- 
iain conclusion that all the writings which were 
used in the compilation of the Digest may be refer- 
red to three classes. The Commentaries on Sabi- 
nus (ad Sabinum), on the Edict (ad Edictum), and 
Papinian's writings, are at the head of these three 
classes. We may accordingly denote these three 
masses respectively by the names Sabinian, Papin- 
ian, and the Edict. In each of these classes, the 
several works from which extracts are made always 
follow in regular order." This order is shown by a 
table which Bluhme has inserted in his essay. 

This article, if read in connexion with the articles 
Codex and Institutiones, will give some general 
notion of the legislation of Justinian, the objects of 
which cannot be expressed better than in the fol- 
lowing words : 

" Justinian's plan embraced two principal works, 
one of which was to be a selection from the jurists, 
and the other from the Constitutiones. The first, 
(he Pandect, was very appropriately intended to 
contain the foundation of the law : it was the first 
work since the date of the Twelve Tables which 
in itself, and without supposing the existence of any 
Dther, might serve as a central, point of the whole 
body of the law. It may be properly called a code, 
and the first complete code since the time of the 
Twelve Tables, though a large part of its contents 
is not law, but consists of dogmatic and the inves- 
tigation of particular cases. Instead of the insuffi- 
cient rules of Valentinian III., the excerpts in the 
Pandect are taken immediately from the writings of 
the jurists in great numbers, and arranged accord- 
ing to their matter. The Code also has a more 
comprehensive plan than the earliest codes, since it 
comprises both rescripts and edicts. These two 
works, the Pandect and the Code, ou>ght properly to 
be considered as the completion of Justinian's de- 
sign. The Institutiones cannot be viewed as a third 
work, independent of both : it serves as an intro- 
duction to them, or as a manual. Lastly, the novel- 
lae are single and subsequent additions and altera- 
tions, and it is merely an accidental circumstance 
that a third edition of the Code was not made at the 
end of Justinian's reign, which would have com- 
prised the novellae that had a permanent applica- 
tion." 2 

There are numerous manuscripts of the Digest, 
both in libraiies of the Continent and of Great Brit- 
ain. A list of the MSS. of the Corpus Juris in the 
libraries of this country, which are principally in the 
colleges at Oxford and Cambridge, is given by Dr. 
Hach in the Zeitschrift. 3 But the MSS. of the Di- 
gest generally contain only parts of the work, and are 
not older than the twelfth century. The MS. called 
the Florentine is complete, and probably as old as 
the seventh century. It had been kept at Amalfi 
time out of mind, and was given to the Pisans by 

1. (Dig. 45, tit. 1.)— 2. (Sarigny, Geschichte der Rom. Rechts 
un Mittelalter, i., p. 14.)— 3. (vol. v.) 



Lotharius the Second, after the capture of Amain 
A.D. 1137, as a memorial of his gratitude to them 
for their aid against Roger the Norman. The Pi- 
sans kept it till their city was taken by the Floren- 
tines under Gino Caponi, A.D. 1406, who carried 
this precious MS. to Florence, where it is still pre- 
served. An exact copy of this MS. was published 
at Florence in 1553, folio, with the title " Digesto- 
rum seu Pandectarum Libri Quinquaginta Ex Flor- 
entinis Pandectis repraesentati ; Florentiae In Offici 
naLaurentii TarrentiniDucalisTypographi MDLIII 
Cum Summi Pontif. Car. V. Imp. Henrici II. Gallo- 
rum Regis, Eduardi VI. Angliae regis, Cosmi Medi- 
cis Ducis Florent. II. Privilegio." The facts rela- 
ting to the history of the MS. appear from the dedi- 
cation of Franciscus Taurellius to Cosmo, duke of 
Florence. This splendid work is invaluable to a 
scholar. The orthography of the MS. has been 
scrupulously observed. Those who cannot consult 
this work may be satisfied with the edition of the 
Corpus Juris by Charondas, which the distinguished 
printer of that edition, Christopher Plantinus, affirms 
to be as exact a copy of the Florentine edition as it 
could be made. As to the other editions of the Di- 
gest, see Corpus Juris. 

PANDIA (Trdvdia), an Attic festival, the real 
character of which seems to have been a subject of 
dispute among the ancients themselves ; for, ac- 
cording to the Etymologicum M. 1 ), some derived it 
from Pandia, who is said to have been a goddess o! 
the moon (this is also Wachsmuth's opinion, ii., 2, 
p. 140) ; others from the Attic king Pandion ', oth- 
ers, again, from the Attic tribe Dias, so that the 
Pandia would have been in the same relation to 
this tribe as the Panathenasa to Athens ; and others 
from Aidf, and call it a festival of Zeus. Welcker* 
considers it to have been originally a festival of 
Zeus celebrated by all the Attic tribes, analogous to 
the Panathenaea, and thinks that when the confed- 
eracy, of which this festival was, as it were, the 
central point, became dissolved, the old festival re- 
mained, though its character was changed. It was 
celebrated at Athens in the time of Demosthenes. 3 
Taylor, in his note on this passage, strangely con- 
founds it with the Diasia, though it is well known 
that this festival was held on the 19th of Munychi- 
on, while the Pandia took place on the 14th of Ela 
phebolion.* 

PANDOCEFON (iravdoKelov). (Vid. Caupona.) 
PANE'GYRIS (izavrjyvpi.g) signifies a meeting or 
assembly of a whole people for the purpose of wor- 
shipping at a common sanctuary. But the word is 
used in three ways: 1. For a meeting of the in- 
habitants of one particular town and its vicinity 
(vid. Ephesia) ; 2. For a meeting of the inhabitants 
of a whole district, a province, or of the whole body 
of people belonging to a particular tribe (vid. Delia, 
Pamboiotia, Panionia) ; and, 3*. For great national 
meetings, as the Olympic, Pythian, Isthmian, and 
Nemean games. Although, in all panegyreis which 
we know, the religious character forms the most 
prominent feature, other subjects, political discus- 
sions and resolutions, as well as a variety of amuse- 
ments, were not excluded, though they were, per- 
haps, more a consequence of the presence of many 
persons than objects of the meeting. As regards 
their religious character, the panegyreis were real 
festivals, in which prayers were performed, sacrifi- 
ces offered, processions held, &c. The amuse- 
ments comprehended the whole variety of games, 
gymnastic and musical contests, and entertain- 
ments. Every panegyris, moreover, was made by 
tradespeople a source of gain, and it may be pre- 

1. (s. v. TldvSia.) — 2. (.Esch., Trilo?., p. 303.) —3. (c. Mid., 
p- 517.) — 4. (Compare Suidas and Ilesych., s. v. Hdvdia -- 
Bockh, AuhanJl. der Berlin.Akademie, 1818, p. 65, <fec ) 

727 



PANOPLIA 



PANTOMIMUS 



pumed that such a meeting was never held without 
a fair, at which all sorts of things were exhibited 
tor sale. 1 In later times, when the love of gain had 
become stronger than religious feeling, the fairs ap- 
pear to have become a more prominent characteris- 
tic of a panegyris than before ; hence the Olympic 
games are called mercatus Olympiacus, or ludi et 
mercatus Olympiorum. 2 Festive orations were also 
frequently addressed to a panegyris, whence they 
are called Aoyoi 7vavj]yvpiKoL The Panegyricus of 
Isoerates, though it was never delivered, is an ima- 
ginary discourse of this kind. In later times, any 
oration in praise of a person was called panegyricus, 
as that of Pliny on the Emperor Trajan. 

Each panegyris is treated of in a separate article. 
For a general account, see Wachsmuth, Hell. Alt., 
i., 1, p. 104, &c. — Bockh ad Pind., 01., vii., p. 175, 
&c. — Hermann, Polit. Ant., § 10. 

PANELLE'NIA (navelXyvta), a festival, or, per- 
haps, rather a panegyris of all the Greeks, which 
seems to have been instituted by the Emperor Ha- 
drian, with the well meant but impracticable view 
of reviving a national spirit among the Greeks. 3 

*PAN1CUM, Panic. (Vid. Meline.) 

PANIO'NIA (iraviuvia), the great national pane- 
gyris of the Ionians on Mount Mycale, where their 
national god Poseidon Heliconius had his sanctuary, 
called the Panionium. 4 One of the principal objects 
of this national meeting was the common worship 
of Poseidon, to whom splendid sacrifices were of- 
fered on the occasion. 5 As a chief-priest for the 
conduct of the sacrifices, they always appointed a 
young man of Pnene, with the title of king, and it 
is mentioned as one of the peculiar superstitions of 
the Ionians on this occasion, that they thought the 
bull which they sacrificed to be pleasing to the god 
if it roared at the moment it was killed. 6 But reli- 
gious worship was not the only object for which 
they assembled at the Panionium ; on certain emer- 
gencies, especially in case of any danger threaten- 
ing their country, the Ionians discussed at their 
meetings political questions, and passed resolutions 
which were binding upon all. 7 But the political 
union among the Ionians appears, nevertheless, to 
have been very loose, and their confederacy to have 
been without any regular internal organization, for 
the Lydians conquered one Ionian town after an- 
other, without there appearing anything like the 
spirit of a political confederacy ; and we also find 
that single cities concluded separate treaties for 
themselves, and abandoned their confederates to 
their fate. 8 

Diodorus 9 says that in later times the Ionians 
used to hold their meeting in the neighbourhood of 
Ephesus instead of at Mycale. Strabo, on the other 
hand, who speaks of the Panionic panegyris as still 
held in his own time, does not only not mention any 
such change, but appears to imply that the pane- 
gyris was at all times held on the same spot, viz., 
on Mount Mycale. Diodorus, therefore, seems to 
consider the Ephesian panegyris (vid. Ephesia) as 
having been instituted instead of the Panionia. But 
both panegyreis existed simultaneously, and were 
connected with the worship of two distinct divini- 
ties, as is clear from a comparison of two passages 
of Strabo, viii., 7, p. 220; xiv., i., p. 174. 10 

PANOPLIA (navoTrMa), a panoply or suit of ar- 
mour. 11 The articles of which it consisted, both in 
the Greek and in the Roman army, are enumerated 

1. (Paus., x., 32, t) 9.— Strabo, x., 5, p. 388.— Dio Chrysost. 
Orat., xxvii., p. 528.) — 2. (Justin., xiii., 5. — Veil. Paterc.,i., 8.) — 
3. (Philostr., Vit. Soph., ii., 1, 5. — Bockh, Corp. Inscrip., p. 789 ; 
ii., p. 580.) —4. (Herod., i., 148. — Strab., viii., 7, p. 220, ed. 
Tauchn.— Paus., vii., 24. t) 4.)— 5. (Diodor., xv., 49.)— 6. (Stra- 
bo, 1. O— 7. (Herod., i., 141, 170.)— 8. (Herod., i., 169.)— 9. (xv., 
49.) — 10. (Compare Tittmann's Griech. Staatsv., p. 668, &c. — 
Thirlwall's Gr. Hist., ii., P . 102.)— 11. (Herod., i., 60.— -ffilian, 
V H., xiii., 37.— Athen., v., p. 208. d.) 
728 



under Arm a. Josephus, in a passage where he 
mentions all the essential parts of the Roman 
heavy armour except the spear (viz., vno^ara, 
■dvpeoe, &<l>oc, Kpdvog, Supa^ 1 ), applies to them col- 
lectively the term Tzavoizlla. 2 According to Plu- 
tarch, 3 the ordinary weight of a panoply was a tal- 
ent, i. c, about 70 lbs. ; but he states that the suit 
worn by one soldier of uncommon strength, viz., 
Alcimus, the Epirote, weighed two talents, or about 
a hundred weight. In estimating the military force 
of any country, the number of panoplies which it 
had in readiness was a most important item. Po- 
lybius mentions* that the citizens of Sinope, expect- 
ing to be attacked by Mithradates, obtained, among 
other preparations, a thousand suits of armour (nav- 
onXiag xt-hiac). When one man slew another in 
battle, he was entitled to receive the panoply of the 
fallen. 5 

*PANTHE'RA. (Vid. Pardalis.) 

P, ANTOMFMUS is the name of a kind of actors 
peculiar to the Romans, who very nearly resembled 
in their mode of acting the modern dancers in the 
ballet. They did not speak on the stage, but mere- 
ly acted by gestures, movements, and attitudes. 
All movements, however, were rhythmical, like 
those in the ballet, whence the general term for 
them is saltatio^ saltare; the whole art was called 
musica muta*); and to represent Niobe or Leda 
was expressed by saltare Nioben and saltare Ledam. 

Mimic dances of this kind are common to all na- 
tions, and hence we find them in Greece and Italy ; 
in the former country they acquired a degree of 
perfection of which we can scarcely form an idea. 
But pantomimes, in a narrower sense, were pecu- 
liar to the Romans, to whom we shall therefore con- 
fine ourselves. During the time of the Republic 
the name pantomimus does not occur, though the 
art itself was known to the Romans at an earl) 1 
period ; for the first histriones said to have been 
introduced from Etruria were, in fact, nothing but 
pantomimic dancers (vid. Histrio, p. 484), whence 
we find that under the Empire the names histrio 
and pantomimus w T ere used as synonymou <>. The 
pantomimic art, however, was not carried to any 
degree of perfection until the time of A ugustus ; 
whence some writers ascribe its invention to Au- 
gustus himself, or to the great artists who flourish- 
ed in his reign. 7 The greatest pantomimes of this 
time were Bathyllus, a freedman and favourite of 
Maecenas, and Pylades and Hylas. 8 The great 
popularity which the pantomimes acquired at Rome 
in the time of Augustus, through these distinguish- 
ed actors, was the cause of their spreading, not 
only in Italy, but .also in the provinces, and Tiberi- 
us found it necessary to put a check upon the great 
partiality for them : he forbade all senators to fre- 
quent the houses of such pantomimes, and the 
equites were not allowed to be seen walking with 
them in the streets of Rome, or to attend their per- 
formances in any other place than the public thea- 
tres, for wealthy Romans frequently engaged male 
and female pantomimes to amuse their guests at 
their repasts. 9 But Caligula was so fond of pan- 
tomimes, that one of them, M. Lepidus Mnester, be- 
came his favourite, and, through his influence, the 
whole class of pantomimes again recovered their 
ascendency. 10 Nero not only patronised them, but 
acted himself as pantomime, 11 and from this time 
they retained the highest degree of popularity at 
Rome down to the latest times of the Empire. 



1. (Bell. Jud., vi., 1, $ 8.)— 2. {Vid. Polyb., vi., 21.)— 3. (De- 
metrius, p. 1646, ed. Steph.)— 4. (iv., 56.)— 5. (Plut., Alcib., p. 
355, ed. Steph.)— 6. (Cassiod., Var., i., 20.)— 7. (Suid., s. v. v Op- 
XW<-S iravT6pinos.)—8. (Juv., vi., 63. — Suet., Octav., 45. — Ma- 
crob., Sat., ii., 7.— Athen., i., p. 70.)— 9. (Tacit., Annal., i.,77.) 
—10; (Suet., Calig., 36, 55, 57.— Tacit., Annal., xiv., 210—11 

uet., Nero, 16, 26.) 



(Suet 



FANTOMIMUS. 



PARADISUS 



As regards their mode of acting, we must first 
state that all pantomimes wore masks, so that the 
features of the countenance were lost in their act- 
ing. All the other parts of their body, however, 
were called into action, and especially the arms and 
hands, whence the expressions manus loquacissima, 
digiti clxmosi, x ci P ec Tra/bupuvoi, &c. Notwithstand- 
ing their acting with masks, the ancients agree that 
the pantomimes expressed actions, feelings, pas- 
sions, &c., more beautifully, correctly, and intelli- 
gibly than it would be possible to do by speaking 
or writing. They were, however, assisted in their 
acting by the circumstance that they only repre- 
sented mythological characters, which were known 
to every spectator. 1 There were, moreover, certain 
conventional gestures and movements which every- 
body understood. Their costume appears to have 
been like that of the dancers in a ballet, so as to 
show the beauty of the human form to the greatest 
advantage, though the costume, of course, varied 
according to the various characters which were 
represented. See the manner in which Plancus is 
described by Velleius 2 to have danced the character 
of Glaucus. In the time of Augustus there was 
never more than one dancer at a time on the stage, 
and he represented all the characters of the story, 
both male and female, in succession. 3 This re- 
mained the custom till towards the end of the sec- 
ond century of our asra, when the several parts of a 
story began to be acted by several pantomimes 
dancing together. Women, during the earlier pe- 
riod of the Empire, never appeared as pantomimes 
on the stage, though they did not scruple to act as 
such at the private parties of the great. During 
the latter time of the Empire women acted as pan- 
tomimes in public, and in some cases they threw 
aside all regard to decency, and appeared naked be- 
fore the public, The Christian writers, therefore, 
represent the pantomimic exhibitions as the school 
of every vice and licentiousness.* 

Mythological love-stories were from the first the 
favourite subjects of the pantomimes, 5 and the evil 
effects of such sensual representations upon women 
are described in strong colours by Juvenal. 6 Every 
representation was based upon a text written for 
the purpose. This text was called the canticum,' 1 
and was mostly written toi the Greek language. 
Some of them may have represented scenes from, 
or the whole subjects of, Greek dramas ; but when 
Arnobius 8 states that whole tragedies of Sophocles 
and Euripides were used as texts for pantomimic 
representations, he perhaps only means to say that 
a pantomimus sometimes represented the same 
story contained in such a tragedy, without being 
obliged to act or dance every sentiment expressed 
in it. The texts of the pantomim s or cantica were 
sung by a chorus standing in the background of the 
stage, and the sentiments and feelings expressed 
by this chorus were represented by the pantomimus 
in his dance and gesticulation. The time was indi- 
cated by the scabellum, a peculiar kind of sole, made 
of wood or metal, which either the dancer or one 
of the chorus wore. The whole performance was 
accompanied by musical instruments, but in most 
cases by the flute. In Sicily pantomimic dances 
were called (SaXkiopoi, whence, perhaps, the modern 
words ball and ballet. 9 

l.(Juv., vi., 63; v., 121.— Horat.. Spirt., ii., 2, 125.— Suet., 
Nero, 54.— Veil. Paterc, ii., 83.)— 2. (ii., 83.)— 3. (Lucian, De 
Saltat., c. 67.— Jacobs ad Anthol., ii., 1, p. 308.)— 4. (Tertull., 
De Spec., p. 269, ed. Paris.— Vid. Senec, Quasi. Nat., vii., 32. 
— Plin., Epist., v., 24. — Ammian. Marcell., xiv., 6. — Procop., 
Anecd., 9.)— 5. (Ovid, Rem. Amor., 753.)— 6. (vi., 63, &c.)— 7. 
(Macrob., Sat., ii.,7.— Plin., Epist., vii., 24.)— 8. (adv. Gent., 4.— 
Compare Anthol., i., p. 249.)— 9. (Compare Lessimr, Abhand- 
lun? von den Pantomimen der Alten.— Grysar, in Ersch und G ru- 
ber s Encycl., s. v. Pantomimische Kunst des Alterthums. — 
Welcker, Die Griechischen Tragodieu, p. 1317, &c, 1409, &c, 
1443, 14,7, <fcc ) 

4Z 



*PAPA'VER (wKov), the Poppy. » With tim 
aid of Matthiolus, Bauhin, and Sprengel," observes 
Adams, "I would arrange the poppies of the an- 
cients as follows : 1st. The i/fxtpoc, Dr domesticated; 
is the Papaver Rhccas, or common red Poppy. 2d. 
The focac is the Papaver dubium, or long, smooth- 
headed Poppy. 3d. The neparlnc is the Glaucium 
luterum, Scop. 4th. The dtypudric is the Gratiola 
officinalis, called in English Hedge-hyssop." As 
regards the acquaintance of the ancients with 
Opium, consult the articles Nepenthes and Pharma- 
ceutica, p. 656, 765. l 

PA'PIA POPPLE A LEX. (Vid. Julue Leges, 
p. 556.) 

♦PAPILTO tyvxn), the Butterfly. " The meta 
morphosis of the Butterfly is distinctly described by 
Aristotle. The beautiful allegory of Psyche is de 
rived from it." 2 

PAPI'RIA LEX. (Vid. Lex, p. 584.) 

PAPY'RUS, I. (Vid. Liber.) 

*1I. The Cyperus Papyrus, L. The Papyrus ia 
an aquatic plant, growing abundantly in the waters 
of the Nile. Its roots are large and tortuous ; its 
stem is triangular, gradually tapering as it shoots 
up gracefully to the height of fifteen or twenty feet, 
where it is very slender, and is surmounted by a 
fibrous tuft of fine filaments, which are again sub- 
divided into others, bearing small seedy flowerets ; 
the whole of the umbel forming a beautiful flowing 
plume. Paper was made from the inner rind of 
the stem. The plates or pellicles obtained near 
the centre were the best, and each cut diminish- 
ed in value in proportion as it was distant from that 
part of the stem. (Vid. Liber.) 3 

PAR IMPAR LUDERE (dpriacfioc, upriu&iv, 
dprta y irepiTTa itai&iv), the game at odd and even, 
was a favourite game among the Greeks and Re- 
mans. A person held in his hand a certain number 
of astragali or other things, and his opponent. ls«d 
to guess whether the number w T as odd or even.* 

PARA'BASIS. (Vid. Cojkedia.) 

PARABOLON or PARABOLION (zzapd6o7.ov, 
napaBoXiov), a small fee paid by the appellant party 
on an appeal (e^eglc) from an inferior to a superior 
tribunal ; as, for instance, from an arbitrator or a 
magistrate, or from the court of the dynorai, or 
from the senate of Five Hundred, to the juiy or 
heliastic court. As to the sum to be paid and oth 
er particulars, we are uninformed. 5 

PARACH'YTES (-KapaxvTyc). (Vid. Loutrox, 
p. 599.) 

PARADI'SUS (7rapadeiaoc) was the name given 
by the Greeks to the parks or pleasure-grounds 
which surrounded the country residences of the 
Persian kings and satraps. They were generally 
stocked with animals for the chaSe, were full of 
all kinds of trees, watered by numerous streams, 
and enclosed with walls. 6 These paradises were 
frequently of great extent ; thus Cyrus, on one oc- 
casion, reviewed the Greek army in his paradise at 
Celaena?, 7 and on another occasion the Greeks were 
alarmed by a report that there was a great army in 
a neighbouring paradise. 8 

Pollux 9 says that Trapddeiaoc was a Persian woid, 
and there can be no doubt that the Greeks obtained 
it from the Persians. Tne word, however, seems 
to have been used by other Eastern nations, and 
not to have been peculiar to the Persians. Gese- 



1. (Theoph., H. P., i., 9.— Id. ib., ix., 11, &c— Dioscor., iv., C5, 
<fec— Adams, Append., s. v.) — 2. (Aristot., H. A., v., 17 — Ad 
ams, Append., s. v.)— 3. (Library of Enter. Knowledge, vol. xxi., 
p. 131.)— 4. (Pollux, Onom., ix., 101. — Plato, Lys., p. 207.— 
Hor., Sat., II., iii., 248.— Suet., Octav., 71. — Nux Elesr , 79.— 
Becker, Gallus, ii., p. 233.)— 5. (Pollux, Onom., viii.. 62, 63.— 
Meier, Att., Proc, 767, 772. )— 6. (Xen., Anab., i., 4, $ 10.— 
Cyr., i.. 3, t> 14; 4, <> 5.— Hellen., iv., 1, <t 33. — (Ec, iv., 13.- 
Diod. Sic. xvi., 41.— Curt., viii., M H, 12. — Gell., ii., 20.)- 
7. (Xen., Anab., i., 2, 4 9.)— 8. (Id., ii., 4, v 16.)— 9. (ix , 13.) 

729 



PARAGRAPHE. 



PARAGRAPHE. 



nius 1 and other writers suppose it to be the same as 

the Sanscrit q<^| (paradesa), but this word does 

not mean a land elevated and cultivated, as Geseniu& 
and others say, but merely a foreign country, 

whence is derived u^PshI (pardesini), aforeign- 

er. The word occurs in Hebrew (D^?3, paredes} 
as early as the time of Solomon, 2 and is also found 

in Arabic (i^vuo^i, firdaus) and Armenian (par- 

des 3 ). 

PARAGAUDA (napayudnc), the border of a tunic 
(vid. Limbus), enriched with gold thread, worn by 
ladies, but not allowed to men except as one of the 
insignia of office. These borders were among the 
rich presents given by Furius Placidus, A.D. 343, 
when he was made consul.* Under the later em- 
perors the manufacture of them was forbidden ex- 
cept in their own gynaecea. 5 The term paragauda, 
which is probably of Oriental origin, seems also to 
have been converted into an adjective, and thus to 
have become the denomination of the tunic which 
was decorated with such borders. ' 

PARAGRAPHE (rcapaypa^i)). This word does 
not exactly correspond with any term in our lan- 
guage, but may, without much impropriety, be called 
a plea. It is an objection raised by the defendant 
to the admissibility of the plaintiff's action : " ex- 
ceptio rci adversus actorem, actionemve, querentis aut 
de foro haud competente, aut de tempore, modove pro- 
cedendi illegitimoy Sir William Jones, in the pref- 
ace to his translation of Tsaeus, compares it with a 
demurrer ; but this is not so correct, because a de- 
murrer is an objection arising out of an adversary's 
own statement of his case, whereas the napaypacprj 
was an objection depending on facts stated by 
the defendant himself, and therefore rather resem- 
bles a plea, or (more strictly) a special plea. This 
appears from the izapaypafyinol \byoi of Demosthe- 
nes, in which we find the defendant introducing new 
allegations into the cause, and supporting them by 
proof. Thus, in the speech against Nausimachus 
and Xenopithes, the ground of objection is, that the 
father of the defendants having obtained a release 
from the plaintiffs, it was no longer open to the 
plaintiffs to bring an action for the same cause. 
But the first mention of this release is made by the 
defendants in their plea. In the speech against Ze- 
nothemis, the defendant objects that the efmopiKq 
Sinn does not lie, because there was no written con- 
tract between him and the plaintiff on a voyage to 
or from Athens ; and this (says he) appears from 
the declaration itself (h tu tyK^/iari). As parties 
could not be defeated at Athens by a technical ob- 
jection to the pleadings, the defendant in the above 
case, notwithstanding the defective statement of 
the plaintiff in the declaration, was compelled to 
bring forward his objection by plea, and to support 
it before the jury. In the speech against Phormio, 
the plaintiff says that, as the defendant only denies 
that he has committed a breach of the contract, 
there was no occasion for a irapaypatii} : the ques- 
tion merely was, whether the plaintiff's charge 
was true. It seems that a ■Kapaypatyf] might be put 
in, not only when the defendant could show that the 
cause (it action was discharged, or that it was not 
maintainable in point of law, but also when the 
form of action was misconceived, or when it was 
commenced at a wrong time, or brought before the 
wrong magistrate (r}y£/u,uv duKaarnpiov). In the last 

1. (Lexicon Hebr., p. 838, Lips., 1833.)— 2. (Eccle?., ii., 5.— 
Cant., iv., 13.) — 3. (Schrceder, Dissert. Thesaur. Ling. Armen. 
prcemiss., p 56.) — 4. (Fl. Vopisc, Aurel., p. 2146, ed. Salmas.) 
-5. (Cod. 11, tit. 8, s. 1,2.)— 6. (Lydus, De Mag., i., 17 ; ii., 4, 
1? 1—7. (Reiske, Index Gr. in Orat.) 
730 



case the irapaypaff} would answer to our plea to thi 
jurisdiction. 1 

The Tzapaypcupf], like every other answer (avn- 
ypabf}) made by the defendant to the plaintiff's 
charge, was given in writing, as the word itself 
implies. 2 If the defendant merely denied the plain- 
tiff's allegations, or (as we might say) pleaded tht 
general issue, he was said evdvdiKcav or ttjv evdelai 
elaievai, or drroXoyEiadaL ttjv evdvdiKiav eicriuv. In 
this case a court was at once held for the trial of 
the cause. If, however, he put in a irapaypa^f}, he 
maintained that the cause was not eloayuyt/uot 
(■Kapeypaiparo pJf] eloayuyi/xov elvai ttjv 6'lkvv), and in 
that case a court was to be held to try the prelim- 
inary question, whether the cause could be brought 
into court or not. Upon this previous trial the de- 
fendant was considered the actor, and hence is said 
by Demosthenes 3 Karnyopelv tov Slukovtoc. He be- 
gan, and had to maintain the ground of objection 
which he relied upon.* If he succeeded, the whole 
cause was at an end ; unless the objection was only 
to the form of the action, or some other such tech- 
nicality, in which case it might be recommenced 
in the proper manner. If, however, the plaintiff 
succeeded, the jury merely decided daayuyiuov 
elvai T7/v dinnv, and then the original action, which 
in the mean time had been suspended, was pro- 
ceeded with. 5 Both parties on the trial of the nap 
aypatyi) were liable to the knufjsXia on failure to ob 
tain a fifth part of the votes. 

The course of proceeding on a Tzapaypatyr) *vas 
obviously calculated to delay the progress of the 
cause, and was therefore not looked on with favour 
by the dicasts. TlpotydoELc, vrcu/ioaiai, ■napayoatyai, 
ra ek tcjv vopiuv, excuses, delays, pleas, legal cbjec- 
tions, are classed together by the orator as being the 
manoeuvres of defendants to defeat justice. Hence 
we find in the extant napaypatyiKoi, "koyoi, that the 
defendant, in order to remove the prejudice of Ihe 
dicasts against himself, not only supports the ground 
of the napaypa<t>7j, but discusses the general merits 
of the cause, and endeavours to show that there is 
no foundation for the plaintiff's complaint ; and 
there is no doubt that the dicasts were materially 
influenced by such discussion, however in strictness 
irrelevant. 6 The same observation applies to the 
6iap.apTvpLa. {Vid. Heres, Greek.) 7 

There was no such thing as this proceeding by 
7tapaypa<j>7J until after the expulsion of the thirty ty- 
rants, when a law was passed, on the proposal of 
Archinus, dv Tig hiKa^nrai irapd Tovg opicovc, k£- 
Etvai rti (pEvyovri Trapaypaipacdai, rove Se dpxovrag 
izEpl tovtov npu>Tov Eiadystv, Xsysiv 6e irpoTEpov tov 
7zapaypaipd/j.£vov, drroTEpoc 6' av 7}TTndrj, ttjv ettu6e- 
Xiav o^elKelv. The object of this law appears to 
have been, to enable any person against whom an 
information or prosecution might be brought, or 
action commenced, for any matter arising out of 
the late political troubles, to obtain the benefit of 
the general amnesty, by specially pleading the same, 
and so bringing his defence in a more solemn man- 
ner before the court. The same privilege was af- 
terward extended to other grounds of defence 
(See the opening of the speech of Isocrates against 
Callimachus.) Before this time all special objec 
tions to the adversary's course of proceeding seem 
to have been called dvriypacpai, and sometimes 
egcofiooiai, because an oath was taken by the party 
who tendered them. 8 



1. (Demosth., c. Psntaen., 976. — Suidas, s. v. Hapaypcup/j and 
£v8vSiKia.)— 2. (Demosth., c. Phorm., 912.)— 3. (c. Phorm., 908.) 
—4. (Demosth., c. Steph., 1103.)— 5. (Demosth., c. Zenoth., 88a 
— Lys., De Publ. Pec, 148, ed. Steph.)— 6. (Demosth., c. Mid., 
541 ; c. Lacr., 924 ; c. Steph., 1117.— Pro Phorm. 944.— Argum. 
Or. c. Zenoth.) — 7. (Isseus, De Philoct. haer., 60. — De ApolL 
haer., 63, ed. Steph — Demosth., c. Leoch., 1097.) — 8. (Lysias, c 
Panel., 166, ed. Steph. — Aristoph., Eccles., 1026. — Schol. adloc 
— Suidas, s. v. 'El-w/io<rfa. — Meier, Att. Proc, p. 644-650 ) 



PARANOIAL GRAPHE. 



PARANOMON GRAPHE. 



PARACATABOLE (TrapaKarafolr)), a sum of 
money required of a plaintiff or petitioner in certain 
cases, as a security that his complaint or demand 
was not frivolous, or made on slight and insufficient 
grounds. Such was the deposite made in certain in- 
heritance cases, viz., a tenth part of the value of 
the property sought to be recovered. (Vid. Heres, 
Greek.) So, also, in the proceeding termed kveni- 
CKTjuua, which was a suit instituted against the pub- 
lic treasury by a creditor to obtain payment out of 
his debtor's confiscated goods, a fifth part of the 
value was deposited. It was returned to the peti- 
tioner if successful, otherwise it went to the state. 1 
The money was deposited either at the avaKpiatc or 
on the commencement of the cause. The word 
irapaKaratokri signifies both the paying of the depos- 
ite and the money deposited ; and, being a word 
of more general import, we find it used to denote 
other kinds of deposites, as the Trpyravela and iza- 
odaraaic. 2 

PARACATATHE'CE (Trapa/carafl^/cT?) generally 
signifies a deposite of something valuable with a 
friend or other person for the benefit of the owner. 
Thus, if I deliver my goods to a friend, to be taken 
care of for me, or if I deposite money with a 
banker, such delivery or bailment, or the goods 
bailed or delivered, or the money deposited, may be 
called TrapaKaradrJKT] ; 3 and the word is often ap- 
plied metaphorically to any important trust commit- 
ted by one person to another.* As every bailee is 
bound to restore to the bailor the thing deposited, 
either on demand (in case of a simple bailment), or 
on performance of the conditions on which it was 
received, the Athenians gave a -KapaKaraBf]Kt]c Sinn 
against a bailee who unjustly withheld his property 
from the owner, a-KiaTipnat ttjv izapanaTaflfinnv* 
An example of such an action against a banker is 
the togte^ltikoq hoyoc of Isocrates. A pledge giv- 
en to a creditor could not be recovered except on 
payment of the money owed to him ; but, after sell- 
ing the article, and satisfying his debt out of the 
froceed^, he would, of course, be bound to restore 
the surplus (if any) to the pledgor. It follows, from 
the nature of the napaK. dean, that it was arifinToc, 
but it is not improbable that the additional penalty 
of uTtfiia might be inflicted on a defendant who 
fradulently denied that he had ever received the de- 
posite. 

The difficulty of procuring safe custody for mon- 
ey, and the general insecurity of movable property 
in Greece, induced many rich persons to make val- 
uable deposites in the principal temples, such as 
that of Apollo at Delphi, Jupiter at Olympia, and 
others. 6 It may be observed that rideadat, irapaaa- 
raridecrBai, in the middle voice, are always used of a 
person making a deposite for his own benefit, with 
the intention of taking it up again. Hence the ex- 
pression Kendal x<*ptv, to confer an obligation, which 
gives the right (as it were) of drawing upon the 
obliged party for a return of the favour at some fu- 
ture time. Kofitfrodat, is to recover your property 
or right. 7 

nAPAKATAGH'KHS A1KH. (Vid. Paracata- 

THECE.) 

riAPANOI'AS TPA4>H'. This proceeding may be 
compared to our commission of lunacy, or writ de 
lunatico inquirendo. It was a suit at Athens that 
might be instituted by a son or other near relative 
against one who, by reason of madness or mental 
imbecility, had become incapable of managing his 
own affairs. If the complaint was well-grounded, 



. (Suidas, s. v. 'EvariGKtwixa.)— 2. (Pollux, Onom., viii., 32. 
—Meier, Att. Proc., 604, 616-621.)— 3. (Herod., vi., 86.— De- 
mosth., Pro Phorm., 946.)— 4. (Demosth., c. Aphob., 840.— 
Msx-h., c. Timarch., 26, ed. Steph.— De Fals. Leg., 47.)— 5. 
(Pollux, Onom., vi., 154.)— 6. (Meier, Att. Proc., p. 512-515.)— 
I (Isocrat., c. Euthyn., 400, ed. Steph.) 



the court decreed that the next heir should take 
possession of the lunatic's property, and probably, 
also, made some provision for his being put in con- 
finement, or under proper care and guardianship. 1 
It is related of Sophocles, that, having continued to 
write tragedies to an advanced age, and by reason 
thereof neglected his family affairs, he was brought 
before the court by his sons, and accused of lunacy ; 
that he then read to the judges his CEdipus Colo- 
neus, which he had just composed, and asked them 
if a man out of his mind could write such a poem 
as that ; whereupon they acquitted him. 3 The 
story is told differently by the anonymous author of 
the life of Sophocles, who speaks of the suit as 
taking place between Iophon and his father, and 
seems to intimate that it was preferred before the 
(bpdropec. In this last point he is supported by the 
scholiast on Aristophanes ; but it can hardly be cor- 
rect, as we have no other authority for supposing 
that the (bpdropec had such a jurisdiction, and Pol- 
lux 3 expressly says that the ■Kapavoiac ypayfj came 
before the archon, to whom, indeed, it peculiarly 
belonged, as being a matter connected with family 
rights ; and, if so, we are to understand that it 
came before the archon in the regular way, as yye- 
fiuiv dLnaorripLov.* It is highly probable that there 
was some foundation for this anecdote of Sopho- 
cles. He might, perhaps, have given offence to his 
sons by that penuriousness which is said to have 
crept upon him in his old age ; and Iophon, being a 
poet, and lying under the suspicion of being assisted 
by his father, might possibly be induced, by a mean 
jealousy, to bring this charge against him. 5 The 
play of CEdipus Coloneus appears to exhibit the 
wounded feelings of the writer. (See more espe- 
cially v. 337, 441.) 

rTAPANO'MftN TPA4>H'. An indictment for pro • 
pounding an illegal, or, rather, unconstitutional 
measure or law. We have seen (vid. Nomothetes) 
that any Athenian citizen was at liberty to make a 
motion in the popular assembly to pass a new law 
or amend an old one. In order to check rash and 
hasty legislation, the mover of any law or decree, 
though he succeeded in causing it to be passed, was 
still amenable to criminal justice if his enactment 
was found to be inconsistent with other laws that 
remained in force, or with the public interest. 6 Any 
person might institute against him the ypadq irapa- 
vofiuv within a year from the passing of the law. 
If he was convicted, not only did the law become 
void, but any punishment might be inflicted on him, 
at the discretion of the judges before whom he was 
tried ; for it was a rifinrdc ayuv. A person thrice 
so convicted lost the right of proposing laws in 
future. The cognizance of the cause belonged to 
the thesmothetae. 7 The prosecutor was compelled 
to take an oath, called by the same name as that 
taken to obtain delay in courts of justice (vKu/ioaia), 
because it had the effect of delaying the operation 
of the proposed measure, which otherwise might 
have come into force immediately. 8 Examples of 
such prosecutions are the speech of Demosthenes 
against Timocrates, and that of iEschines against 
Ctesiphon. They both comment on the importance 
of the prosecution, as tending to preserve the exist- 
ing laws and maintain constitutional liberty. 9 Not- 
withstanding this check, the mania for legislation 
appears to have increased so greatly at Athens in 
later times, that Demosthenes 1 ' 1 declares that xpTjoiff- 
fzurov ovd' otiovv diatyepovciv ol vofioi. This arose 

1. (Suidas, s. v. Ylapavoia.— Xen., Mem.,i., 2, $ 49.— Aristoph., 
Nub., 844.— ^Esch., c. Ctes., 89, ed. Steph.)— 2. (Cic, De Se- 
nect., 7.)— 3. (viii., 89.)— 4. (Meier, Att. Proc, p. 2&6-298.)— 5. 
(Vid. Aristoph., Ran., 78. — Pax, 697.)— 6. (Demosth., c. Ti- 
moc., 710, 711.)— 7. (Schomann, Ant. jur. pub. Gr., p. 244.)— 8. 
(Schomann, lb., p. 224 )— 9. (Demosth., c. Timoc, 748, 749. - 
iEsch., c. Ctes., 54, 82, ed. Steph.)- 10. («. Leptin., p. 485 } 

731 



PARAPRESBEIA. 



PARASITI. 



trom the relaxation of that precautionary law of 
Solon, which required every measure to be approved 
by the i ofiodeTat before it could pass into law. ( Vid. 
Nomothetes, and Schomann. 1 ) It is obvious that, 
while the people in assembly had the power of ma- 
king decrees which could remain in force for a year, 
if they wished to evade the law of Solon, all they 
had to do was to renew their decree from year to 
year, and thus, in practice, the ijjTJ(pca/j,a became 
v6fj.or. 

If the year had elapsed, the propounder of the 
law could not be punished, though the law itself 
might be repealed in the ordinary way by the insti- 
tution of proceedings before the vo/xodsTat, before 
whom it was defended by the five cvvdinoi. The 
speech against Leptines was made in a proceeding 
against the law itself, and not against the mover. 
As the author of the second argument says, TxapeTi- 
dovTog tov xpovov, kv cj virevOvvog tjv Kpiaet nal Tifiu- 
pia ypdtyov Tig v6f.iov, eyaivero AeizTivng didvdvvog' 
odev rrpog clvtov, uXX! ov /car' avrov 6 Xoyog. 2 

PARA'NYMPHOS (irapdw^og). (Vid. Mar- 
riage, Greek, p. 620.) 

PARAPE'TASMA (napaTciraa/ia). ( Vid. Velum.) 
PARAPHERNA. (Vid. Dos, Roman.) 
PARAPRESBEFA (itapa-KpeaBeia) signifies any 
corrupt conduct, misfeasance, or neglect of duty on 
the part of an ambassador, for which he was liable 
to be called to account and prosecuted on his return 
nome. 3 Ambassadors were usually elected by the 
people in assembly ; they either had instructions 
given to them or not ; in the latter case they were 
called avTotcpdropeg, envoys with full powers, or 
plenipotentiary. 4 To act contrary to their instruc- 
tions (izapa to i/trj^iafia irpeadeveiv) was a high mis- 
demeanour. 5 On their return home they were 
required immediately to make a report of their pro- 
ceedings (dirayyk'k'kuv rrjv TtpeaSeiav), first to the 
Senate of Five Hundred, and afterward to the peo- 
ple in assembly. 6 This done, they were fundi 
officio ; but still, like all other persons who had held 
an office of trust, they were liable to render an ac- 
count (evdvvag) of the manner in which they had 
discharged their duty. 7 The persons to whom such 
account was to be rendered were the "koyiarai, and 
the officers associated with them, called evdvvot. 
A pecuniary account was only rendered in cases 
where money had passed through the hands of the 
party ; in other cases, after stating that he had 
neither spent nor received any of the public money, 
the accounting party was discharged, unless there 
was reason for thinking that he deserved to be pro- 
ceeded against for misconduct. The loyicrai them- 
selves had power to summon the party at once to 
appear as a criminal, and undergo the uvdicpiGtg in 
their office (loytarrjpiov), upon which they would 
direct the cwr/yopot to prosecute ; and this proba- 
bly was the ordinary course in case of any pecuni- 
ary malversation. Accusations, however, of a more 
general nature were commonly preferred by indi- 
viduals, giving information to the loyioTai, who, for 
the purpose of giving any citizen an opportunity of 
so doing, caused their Kr/pvt; to make proclamation 
in public assembly, that such a person was about 
to render his account, and to ask if any one intend- 
ed to accuse him. If an accuser appeared, his 
charge would be reduced to the form of a ypao-q, 
and the prosecution would be conducted in the 
usual way, the loytarai being the superintending 
magistrates. 9 Magistrates who were annually elect- 

1. (p. 229.)— 2. (Hermann, Pol. Ant., $ 132.)— 3. (Demosth., 
b Mid., 515. — De Fals. Leg., 342.)— 4. (Thucyd., v., 45.— 
jEsch., c. Ctes., 62, ed. Steph.) — 5. (Demosth., De Fals. Leg-., 
346.) — 6. (JEsrh., De Fals. Leg., 30, ed. Steph. — Aristoph., 
A.ch., 61. — Schomann, Ant. jur. pub. Gr., p. 234.) — 7. (De- 
mosth., De Fals. Leg., 367, 406.) —8. (Pollux, Onom., viii., 40, 
45.- -Schumann, lb., p. 240.— Meier, Att. Proa, 214-224.) 
1VI 



ed rendered their accounts at the end of the official 
year ; but ambassadors, who were extraordinary 
functionaries, had no time limited for this purpose. 
^Eschines delayed giving an account of his embassy 
to Philip for three years. 1 We can hardly suppose, 
however (as Thirlwall states), that the time of ren- 
dering the account was optional with the ambassa- 
dor himself, since, not to mention the power of the 
loyioTaU it was open to any man to move for a 
special decree of the people, that the party should 
be called to account immediately. The ypacfij napa- 
7rpeo6eiag was a Tifinrbg ay&v ; 2 and as it might 
comprise charges of the most serious kind, such as 
treachery and treason against the state, the defend- 
ant might have to apprehend the heaviest punish- 
ment. iEschines 3 reminds the dicasts of the great 
peril to which he is exposed, and makes a merit of 
submitting to his trial without fear. Besides the 
ypafyrj, an eloayyzkia might be brought against an 
ambassador, upon which the accused would be 
committed to prison, or compelled to give bail for 
his appearance. This course was taken by Hyperi- 
des against Philocrates, who avoided his trial by 
voluntary exile.* 

nAPALTPESBEFAS TPA^H'. (Vid. Parapres- 

BEIA.) 

PARASANG (6 Trapaadyyrig), a Persian measure 
of length, frequently mentioned by the Greek wri- 
ters. It is still used by the Persians, who- call it 

UfJUUui (f ersen g)i which has been changed in Ar- 
abic into sdMjj* (farsakh). 

According to Herodotus, 5 the parasang was equal 
to 30 Greek stadia. Suidas 6 and Hesychius 7 assign 
it the same length ; and Xenophon must also have- 
calculated it at the same, as he says 8 that 16,050 
stadia are equal to 535 parasangs (16,050—535=30). 
Agathias, 9 however, who quotes the testimony of 
Herodotus and Xenophon to the parasang being 30 
stadia, says that in his time the Iberi and Persians 
made it only 21 stadia. Strabo 10 also states that 
some writers reckoned it at 60, others at 40, and 
others at 30 stadia ; and Pliny 11 informs us that the 
Persians themselves assigned different lengths to 
it. Modern English travellers estimate it variously 
at from 3£ to 4 English miles, which nearly agrees 
with the calculation of Herodotus. 

The etymology of parasang is doubtful. Rbdiger 18 
supposes the latter part of the word to be the same 

as the Persian {J^Jjjw (seng), "a stone," and the 

former part to be connected with the Sanscrit t^jt 

(para), " end," and thinks that it may have derived 
its name from the stones placed at the end of cer- 
tain distances on the public roads of Persia. 
PARASE'MON (Trapdo^uov). (Vid. Insigne.) 
PARASFTI (-n-apdoiTOL) properly denotes persons 
who dine with others. In the early history of Greece 
the word had a very different meaning from that in 
which it was used in later times. To de tov 7rapa.ci.Tov 
bvofia Tzakai /iev tjv aefivbv nal tepov, says Athenae- 
us ; 13 and he proves from various decrees (ip7]<pi(ypaTa) 
and other authorities that anciently the name na- 
pdaiTog was given to distinguished persons who 
were appointed as assistants to certain priests and 
to the highest magistrates. As regards the priestly 
and civil parasites, the accounts of their office are 
so obscure that we are scarcely able to form any 
definite notion of it. An ancient law 1 * ordained 



1. (Demosth., De Fals. Leg., 374. — Thirlwall, Gr. Hist., vol. 
vi., p. 26.)— 2. (Meier, Att. Proc, 193.)— 3. (De Fals. Leg-., 28, 
52.)_4. (iEschin., c. Ctes., 65, ed. Steph.)— 5. (ii., 6 , v., 53 ; 
vi., 42.)— 6. (s. v.)— 7. (s. v.)— 8. (Anab., ii., 2, i) 6.)— 9. (ii., 
21.)— 10. (xi., p. 518.)— 11. (H. N., vi., 30 )— 12. (inErschund 
Gruber's Encyclopadie, s. v. Paras.) — 13 (vi., p. 234) — J4, 
(Athen., 1. c.) 



PARASITI. 



PARDALIS. 



that each of the priestly parasites should select 
from the (3ovKo'Aia the sixth part of a medimnus of 
barley, and supply with it the Athenians who were 
present in the temple, according to the custom of 
their fathers ; and this sixth of a medimnus was to 
be given by the parasites of Acharnae. The mean- 
ing of this very obscure law is discussed by Preller. 1 
Thus much, however, is clear, that the parasites 
were elected in the demi of Attica from among the 
most distinguished and most ancient families. We 
find their number to have been twelve, so that it 
did not coincide with that of the demi. This may 
be accounted for by supposing that in one demos 
two or more gods were worshipped, whose service 
required a parasite, while in another there was no 
such divinity. The gods in whose service parasites 
are mentioned are Heracles, Apollo, the Anaces, 
and Athena of Pallene. Their services appear to 
have been rewarded with a third of the victims sac- 
rificed to their respective gods. Such officers ex- 
isted down to a late period of Greek history, for 
Clearchus, a disciple of Aristotle, said that parasites 
in his own days continued to be appointed in most 
Grecian states to the most distinguished magis- 
trates. 2 These, however, must have been different 
from the priestly parasites. Solon, in his legisla- 
tion, called the act of giving public meals to certain 
magistrates and foreign ambassadors in the pryta- 
neum, irapaotTalv, 3 and it may be that the parasites 
were connected with this institution. 4 

The class of persons whom we call parasites was 
very numerous in ancient Greece, and appears to 
have existed from early times, though they were 
not designated by this name. The comedies of 
Aristophanes contain various allusions to them, and 
Pnilippiv?, who is introduced in the Symposium of 
X<-;nophon, as well as a person described in some 
verses of Epicharmos preserved in Athenasus, are 
perfect specimens of parasites. But the first writer 
who designated these persons by the name of napd- 
gitoi was Alexis, in one of his comedies. 5 In the 
so-called middle and new Attic comedy, and in their 
Roman imitations, the parasites are standing char- 
acters ; and although they are described in very 
strong colours in these comedies, yet the descrip- 
tion does not seem to be much exaggerated, if we 
may judge from other accounts of real parasites. 
We shall not, therefore, be much mistaken in bor- 
rowing our description of parasites chiefly from 
these comedies. 

The characteristic features common to all para- 
sites are importunity, love of sensual pleasures, and, 
above all, the desire of getting a good dinner with- 
out paying for it. According to the various means 
they employed to obtain this object, they may be 
divided into three classes. The first are the ye"ku>- 
tottoiol, or jesters, who, in order to get some invi- 
tation, not only tried to amuse persons with their 
jokes, but even exposed their own person to ridi- 
cule, and would bear all kinds of insult and abuse 
if they could only hope to gain the desired object. 
Among these we may class Philippus in the Sym- 
posium of Xenophon, Ergastilus in the Captivi, and 
Gelasimus in the Stichus of Plautus. The second 
class are the Ko^aneg or flatterers (assenlatores), 
who, by praising and admiring vain persons, en- 
deavoured to obtain an invitation to their house. 
Gnatho in the Eunuchus of Terence, and the Arto- 
trogus in the Miles Gloriosus of Plautus, are admi- 
rable delineations of such characters. The third 
class are the &EpairevTiKoi, or the officious, who, by 
a variety of services, even of the lowest and most 
degrading description, endeavoured to acquire claims 

1 (Polemoiiis Fragra., p. 115, &c.)— 2. (Athen., vi., p. 235.)— 
3. (Plut., Sol , 24.)— 4 J Compare Pollux, vi., c. 7.)— 5. (Athen., 
r' P 235.1 ' 



to invitations. 1 Cnaracters of this class are tut 
parasites in the Asinaria and Menaechmi of Plau- 
tus, and more especially the Curculio and Saturio in 
the Persa of Plautus and the Phormio of Terence 
From the various statements in comedies and the 
.treatise of Plutarch, De Adulatoris et Amict Dis- 
crimine, we see that parasites always tried to dis- 
cover where a good dinner was to be had, and for 
this purpose they lounged about in the market, the 
palaestra?, the baths, and other public places of re- 
sort. After they had fixed upon a person, who was 
in most cases, probably, an inexperienced young 
man, they used every possible means to induce him 
to invite them. No humiliation and no abuse could 
deter them from pursuing their plans. Some ex 
amples of the most disgusting humiliations whicli 
parasites endured, and even rejoiced in, are men- 
tioned by Athenaeus 2 and Plutarch. 3 During the 
time of the Roman emperors, a parasite seems to 
have been a constant guest at the tables of the 
wealthy. 4 

PARA'STADES (napaorddee). (Vid. Antve.) 
PARA'STASIS {napdcTaaic). A fee of one 
drachm paid to an arbitrator by the plaintiff on 
bringing his cause before him, and by the defendant 
on putting in his answer. The same name was 
given to the fee (perhaps a drachm) paid by the 
prosecutor in most public causes. 5 (Compare Di- 
^etet^e, p. 353.) 

PARA'STAT^E (napaoTdrai). (Vid. Eleven. 

THE.) 

PARAZO'NIUM. (Vid. Zona.) 

*PARD'ALIS (irdpdalic). " Oppian describes 
two species of Pardalis, namely, the greater and 
the smaller. According to Buffon, the former is 
the Panther, and the latter the Ounce. It is be- 
yond a doubt," he remarks, " that the little PantheT 
of Oppian, the Phet or Phed of the Arabians, the 
Foadli of Barbary, the Onza or Ounce of the Euro- 
peans, are one and the same animal. There is 
great reason to think that it is also the Pardus of 
the ancients, and the Panthera of Pliny." B^ifon 
adds, " It is highly probable, moreover, that the little 
Panther was called simply Pard or Pardus, and 
that, in process of time, the large Panther obtained 
the name of Leopard or Leopardus." " The Greeks," 
says Smith, speaking of the Panther and Leopard, 
" knew one of these from the time of Homer, which 
they named Pardalis, as Menelaus is said in the 
Iliad to have covered himself with the spotted skin 
of this animal. This they compared, on account of 
its strength and cruelty, to the lion, and represented 
it as having its skin varied with spots. Its name, 
even, was synonymous with spotted. The Greek 
translators of the Scriptures used the name Parda- 
lis as synonymous with Namer, which word, with a 
slight modification, signifies ' the Panther,' at pres- 
ent, among the Arabians. The name Pardalis gave 
place among the Romans to those of Panthera and 
Varia. These are the words they used during the 
two first ages, whenever they had occasion to trans- 
late the Greek passages which mentioned the Par- 
dalis, or when they themselves mentioned this 
animal. They sometimes used the word Pardus 
either for Pardalis or for Namer. Pliny even says 
that Pardus signified the male of Panthera or Vai ia. 
So, reciprocally, the Greeks translated Panthera by 
the word Pardalis. The term Panthera, although 
of Greek root, did not, then, preserve the sense of 
the word iruvdvp, which is constantly marked as 



1. (Plut., De Adul., 23 ; De Educat., 17.)— 2. (vi., p. 249.)— 
3. (De Occult, viv., 1. — Sympos., vii., 6. — Compare Diog. La- 
ert., ii., 67.) — 4. (Lucian, De Parasit., 58. — Compare Becker, 
Charikles, i., p. 490, &c. — Le Beau, in the Hist, de l'Acad. del 
Inscript., vol. xxxi., p. 51, &c. — M. H. E. Meyer, in Ersch und 
Gruber's Encyclcpttdie, s. v. Parasiten.) — 5. (Harpoc, s. v. Uap 
daraats. — Meier, Att. Proc, 614, 615.) 

733 



PAREDRI. 



PARIES. 



different from I irdalis, and by Oppian is said to be 
small and of little courage. The Romans, never- 
theless, sometimes employed it to translate the 
word 7rdvdr/p, and the Greeks of the lower empire, 
induced by the resemblance of the names, have 
probably attributed to the Panther some of the char- 
acters which they found among the Romans on the 
Panthera. Bochart, without knowing these animals 
himself, has collected and compared with much sa- 
gacity everything that the ancients and the Orien- 
talists have said about them. He endeavours to 
clear up these apparent contradictions by a passage 
in which Oppian characterizes two species of Par- 
dalis, the great, with a shorter tail than the less. 
It is to this smaller species that Bochart would ap- 
ply the word n-dvdnp. But there are found in the 
country known to the ancients two animals with 
spotted skins : the common Panther of naturalists, 
and another animal, which, after Daubenton, is 
named the Guepard (or Hunting Leopard). The 
Arabian authors have there also known and distin- 
guished two of these animals ; the first under the 
name of Nemer, the other under that of Fehd ; and 
although Bochart considers the Fehd to be the Lynx, 
Cuvier rather inclines to think it the Hunting Leop- 
ard. The Guepard, then, would be the Panther, 
and there is nothing stated by the Greeks repugnant 
to this idea." 1 

*IT. One of the large fishes mentioned by ^Elian 
and Oppian, and by Suidas under Kfjrog. Many con- 
jectures have been made respecting it, the most 
probable of which, according to Adams, is, that it 
was the Squalus tigrinus, a species of Shark. 8 

♦PARD'ALOS (Trapdaloq ), a bird noticed by Aris- 
totle. " Aldrovandi and Buffon agree in holding it 
to be the Tringa squatarola, L., or the Gray Plover ; 
but Dr. Trail prefers the Charadrius pluvialis, or 
Golden Plover. Schneider mentions that Biller- 
beck had advanced the opinion that it is the com- 
mon Starling, or Sturnus vulgaris. This opinion, 
however, is entitled to no credit." 3 

*PARDTON (napSiov). Schneider follows Pal- 
las in referring this to the Camelopard, or Giraffa 
Gamelopardalis* 

PAREDRI (Ttdpedpoi). Each of the three supe- 
rior arohons was at liberty to have two assessors 
(Tidpedpoi), chosen by himself, to assist him, by 
advice sr.d otherwise, in the performance of his 
v&iicks duties. The assessor, like the magistrate 
liimself, had to undergo a Soxifiaoia in the Senate of 
Five Hundred and before a judicial tribunal before 
he could be permitted to enter upon his labours. 
He was also to render an account (evdvvn) at the 
end of the year. The office is called an dpxv by 
Demosthenes. 5 The duties of the archon, magiste- 
rial and judicial, were so numerous, that one of the 
principal objects of having assessors must have 
been to enable them to get through their business. 
We find the irdpedpog assisting the archon at the 
A.f)l;is Slktjc. 6 He had authority to keep order at 
public festivals and theatres, and to impose a fine 
on the disorderly. 7 As the archons were chosen by 
lot (n?i,7jpo)Tol), and might be persons of inferior ca- 
pacity, and not very well fitted for their station, it 
might often be useful, or even necessary, for them 
to procure the assistance of clever men of business. 8 
And perhaps it was intended that the irdpedpoi 
should not only assist, but in some measure check 
and control the power of their principals. They 
are spoken of as being (lorjdol, cvp.6ov7i.oL kqX <f>v?\a- 



1. (Aristot., H. A., i., 1.— Oppian, Cyneg., iii., 63. — Adams, 
append., s. v. — Griffith's Cuvier, vol. ii., p. 459.)— 2. (iElian, 
N. A., xi., 14. — Oppian, Hal., i., 368.) — 3. (Aristot., II. A., ix., 
19 — Schneider ad Aristot., 1. c. — Adams, Append., s. v.) — 4. 
(Aristot., II. A., ii., 2. — Adams, Append., s. v.) — 5. (c. Nera-., 
1369.)— G. (Demosth., c. Theoc, 1332.)— 7. (Demosth., c. Mid., 
r -~2.) -8. (Demosth , >.. Nesr.. 1372.) 
734 



Keg. Demosthenes accuses Stephanus of buying 
his place of tie Apxuv paai/ievc. 1 It was usual to 
choose relatives and friends to be assessors ; but 
they might at any time be dismissed, at least for 
good cause. 2 The thesmothetae, though they had 
no regular irdpedpoi, used to have counsellors (avfi 
6ovloi), who answered the same purpose. 3 The 
office of ndpedpog was called irapt Spia, and to exer 
cise it napedpeveiv. 

From the ndpedpoi of the archons we must distin- 
guish those who assisted the evdvvoi in examining 
and auditing magistrates' accounts. The evdvvoi 
were a board of ten, and each of then: ;hose two 
assessors.* (Vid. Euthyne.) 

*PAREI'AS (napeiag), a species of Serpent, sa 
cred to JEsculapius. Gesner concludes that it is 
the serpent called Baron in certain parts of Italy. 
According to the author of the Etymologicon Mag- 
num, it is innoxious. 5 

PAREISGRAPHE (irapeioypatf) signifies a 
fraudulent enrolment in the register of citizens. 
For this an indictment lay at Athens, called %eviag 
ypafyrj ; and, besides, the drjfxorat might, by their 
diaip^iatc, eject any person who was illegally en- 
rolled among them. From their decision there 
might be an appeal to a court of dicasts ; of which 
the speech of Demosthenes against Eubulides fur- 
nishes an example. If the dicasts confirmed the 
decision of the 6vp.6rai, the appellant party was 
sold for a slave. Spurious citizens are sometimes 
called TtapeyypanTOL, napeyyeypaujievoi. 6 The ex- 
pression Trapeioypa&rjc ypwtyrj is not Attic. 7 

lTAPEI2rPA$H~S rPA$H'. {Vid. Pareisgra- 

PHE.) 

PARENTA'LIA. (Vid. Funus, p. 462.) 
PA'RIES (teix'i-ov, % whence the epithet reixioecroa, 
"full of houses," applied to cities; 9 roi^oc, 10 whence 
roixopv/crrjc and roixo>pvxog, " a house-breaker, a 
thief," and roixupvxia, " burglary"), the wall of a 
house, in contradistinction from murus, the wall of 
a city. Among the numerous methods employed 
by the ancients in constructing walls, we find men- 
tion of the following : 

I. The paries cratitius, i e., the wattled or the 
lath-and-plaster wall, made of canes or hurdles 
(vid. Crates) covered with clay. 11 These were 
used in the original city of Rome to form entire 
houses ; ia afterward they were coated with mortal 
instead of clay, and introduced like our lath-and- 
plaster walls in the interior of houses. 

II. Vitruvius 13 mentions as the next step the prac- 
tice, common in his time among the Gauls, and con- 
tinued to our own in Devonshire, of drying square 
lumps of clay and building them into walls, which 
were strengthened by means of horizontal bond-tim- 
bers (jugamenta) laid at intervals, and which were 
then covered with thatch. 

III. The paries formaceus, i. c, the pise wall, made 
of rammed earth. (Vid. Forma.) 

IV. In districts abounding with wood, loghouses 
were common, constructed, like those of the Sibe- 
rians and of the modern Americans in the back set- 
tlements, of the trunks of trees, which were more 
or less squared, were then laid upon one another in 
a horizontal position, and had their interstices filled 
with chips (schidiis), moss, and clay. After this 



1. (c. Near., 1369.)— 2. (Demosth., c. Neser., 1373.)— 3. (De- 
mosth., c. Theoc, 1330. — Schomann, Ant. jur. pub. Gr., p. 245. 
—Meier, Att. Proc, p. 57-59.)— 4. (Schomann, lb., 240.— Meier, 
lb., 102.)— 5. (JEL, N. A., iii., 12.— Lucan, Pharsal., ix., 721.— 
Adams, Append., s. v.)— 6. (jEsch., De Fals. Leg., 38, 51, ed. 
Steph.) — 7. (Schomann, Ant. jur. pub. Gr., 206. — Meier, Att 
Proc, 347-349.) — 8. (Horn., Od., xvi., 165, 343.) — 9. (II., ii., 
559-646.) — 10. (II., ix., 219; xvi., 212. — Od., ii., 342; vii., 86, 
95 ; xx., 302, 354.)— 11 (Plin., H. N., xxxv., 14, s. 48.— Festus, 
s. v. Solea.)— 12. (Ovid, Fast., iii., 183 ; vi., 261.— Vitruv., u., 
1.)— 13. (1. c) 



paries. 



paries. 



manner the Colchians erected houses several stories 
high. 1 

V. The paries latcritius, i. e., the hrick wall. (Vid. 
Later.) . Among the Romans, the ordinary thick- 
ness of an outside wall was 18 inches (sesquipes), 
being the length of the common or Lydian brick ; 
but, if the building was more than one story high, 
the walls at the bottom were either two or three 
bricks thick (diplinthii aut triplinthii), according to 
circumstances. The Egyptians sometimes exhibit- 
ed a checkered pattern, and perhaps other devices, 
upon the walls of their houses by the alternation of 
white and black bricks. 2 The Romans, probably in 
imitation of the Etrurians, often cased the highest 
part of a brick wall with a range of terra cottas 
(structura and lorica lestacca 3 ), eighteen inches high, 
with projecting cornices, and spouts for discharging 
the water from the roof. {Vid. Antefixa.) 

VI. The reticulata structura,* i. e., the reticulated, 
or resembling network. This structure consists in 
placing square or lozenge-shaped stones side by side 
upon their edges, the stones being of small dimen- 
sions, and cemented by mortar (materia o rake ct 
arena). In many cases the mortar has proved more 
durable than the stone, especially where volcanic 
tufa is the material employed, as at Baiae in the Bay 
of Naples, and in the villa of Hadrian near Tivoli. 
This kind of building is very common in the ancient 
edifices of Italy. Vitruvius says 5 that it was uni- 
versally adopted in his time. Walls thus construct- 
ed were considered more pleasing to the eye, but 
less secure.than those in which the stones lay upon 
their flat surfaces. The front of the wall was the 
only part in which the structure was regular, or the 
stones cut into a certain form, the interior being 
rubble-work or concrete (fartura), i. e., fragments 
and chippings of stone (camenta, #dAt£) imbedded in 
mortar. Only part of the wall was reticulated : to 
give it firmness and durability, the sides and base 
were built of brick or of squared stones, and hori- 
zontal courses of bricks were laid at intervals, ex- 
tending through the length and thickness of the 
wall. These circumstances are well exemplified 
in the annexed woodcut, which is. copied from the 
drawing of a wall at Pompeii, executed on the spot 
by Mr. Mocatta. 




1. (Vitniv., 1. c— Compare Herod., iv., 108.— Vjtruv., ii., 9.) 
—%. (Athen., v., p. 208, c.)— 3. (Vitruv., ii., 8.— Pallad., De Re 
Hust . i.. 11.1—4. fPlin.. H. N., xxx -i., 22, s. 51.)— 5. (ii., 8.) 



VII. The structura antiqua or incerta, i. e., the 
wall of irregular masonry, built of stones, which 
were not squared or cut into any exact form. The 
necessary consequence of this method of construc- 
tion was, that a great part of the wall consisted of 
mortar and rubble-work. 1 

VIII. The emplecton, i. e., the complicated wall, 
consisting, in fact, of three walls joined together. 
Each side presented regular masonry or brickwork ; 
but the interior was filled with rubble (fartura). 
To bind together the two outside walls, and thus 
render the whole firm and durable, large stones o r 
courses of brickwork (coagmenta) were placed at in- 
tervals, extending through the whole thickness of 
the wall, as was done also in the structura reticu- 
lata. Walls of this description are not uncommon, 
especially in buildings of considerable size. 

IX. The paries e lapide quadrato, i. e., the ashlar 
wall, consisting entirely of stones cut and squared 
by the chisel. (Vid. Dolabra.) This was the most 
perfect kind of wall, especially when built of mar 
ble. The construction of such walls was carried to 
the highest perfection by the architects of Greece ; 
the temples of Athens, Corinth, and many cities of 
Asia Minor still attesting in their ruins the extreme 
skill bestowed upon the erection of walls. Consid- 
erable excellence in this art must have been attain- 
ed by the Greeks even as early as the age of Ho- 
mer, who derives one of his similes from the "nice- 
ly-fitted stones" of the wall of a house. 2 But prob- 
ably in this the Greeks only copied the Asiatics ; 
for Xenophon came to a deserted city in Mesopo- 
tamia, the brick walls of which were capped by a 
parapet of " polished shell marble." 3 Instead of 
using mortar, as in the last four kinds, the ancients 
gave solidity to their ashlar walls by cutting the 
stones so exactly as to leave no perceptible space 
between their contiguous surfaces. A tenon and 
mortice often united a stone to that which was above 
it, and the stones which were placed side by side 
were fastened together with iron cramps (ansis fer- 
reis*) and lead. 5 Hence the Coliseum at Rome, 
and the other grand remains of ancient architecture 
throughout Europe, have been regarded by the mod- 
erns as iron and lead mines, and we see them muti- 
lated by the pickaxe over all those points where 
cramps and tenons were known to be inserted. As 
a farther method of making the walls firm and com- 
pact, the Greeks placed at intervals bond-stones, 
which they called diarovoi, because they extended 
through the whole thickness of the wall. The walls 
of the Temple of Jupiter at Cyzicus, built of the 
marble (the Proconnesian) for which that locality 
has always been renowned, were ornamented with 
a gold thread placed over all the seams of the 
stones. 6 Besides conferring the highest degree of 
beauty and solidity, another important recommend- 
ation of ashlar walls was, that they were the most 
secure against fire, an advantage to which St. Paul 
alludes when he contrasts the stones, valuable both 
for material and for workmanship (lidove. Ttfiiovc), 
and the gold and silver which were exhibited in the 
walls of such a temple as that just mentioned, with 
the logs of wood, the thatch, the straw and cane, 
employed in building walls of the first four kinds. 7 
Vitruvius also strongly objects to the paries cratitiu* 
on account of its great combustibility. 8 

Cicero, in a single passage of his Topica, 9 uses 
four epithets which were applied to walls. He op- 
poses the paries solidus to the fornicatus, and. the 
communis to the directus. The passage, at the 
same time, shows that the Romans inserted arches 

1. (Vitruv., 1. c.)— 2. (II., xvi., 212.)— 3. (Anab., iii., 4, (> 10.) 
—4. (Vitruv., I.e.) — 5. (Herod., i., 186.— Thucyd., i., 93.)— 6 
(Plin., H. N., xxxvi., 15, s. 22.)— 7. (1 Cor., iii., 10-15.)— 8. (ii 
8, ad fin.)— 9. ($ 4.) 

735 



PARIES. 



PARMa. 



(md. Fornix) into their "common" or party-walls. 
The annexed woodcut, representing a portion of 
the supposed Thermae at Treves, 1 exemplifies the 
frequent occurrence of arches in all Roman build- 
ings, not only when they were intended for win- 
dows or doorways, but also when they could serve 
no other use than to strengthen the wall. In this 
"paries fornicatus" each arch is a combination of 
two or more concentric arches, all built of brick. 




This specimen also shows the alternation of cour- 
ses of brick and stone, which is a common char- 
acteristic of Roman masonry. The "paries soli- 
dus, ,, i. e., the wall without openings for windows 
or doorways, was also called " a blind wall ;" 2 and 
the paries communis, 3 kqlvoc toIxoc* which was the 
boundary between two tenements and common to 
them both, was called intergerinus, al. inter gerivus, 5 
and in Greek fieaoroixoc 6 or (isootoixov . 7 The 
walls, built at right angles to the party-wall for the 
convenience of the respective families, were the 
parietes directi. 

Walls were adorned, especially in the interior of 
buddings, in a great variety of ways. Their plane 
surface was broken by panels. (Vid. Abacus.) 
However coarse and rough their construction might 
be, every unevenness was removed by a coating, 
two or three inches thick, of mortar or of plaster 
with rough cast, consisting of sand, together with 
stone, brick, and marble, broken and ground to vari- 
ous degrees of fineness. 8 Gypsum also, in the 
&tate which we call plaster of Paris, was much 
used in the more splendid edifices, and was deco- 
rated with an endless variety of tasteful devices 
in bas-relief. Of these ornaments, wrought in 
stucco (opus albarium), specimens remain in the 
" Baths of Titus" at Rome. When the plasterer 
(tector, Kovturng) had finished his work (trullissatio, 
i e., trowelling, opus tectorium), in all of which he 
was directed by the use of the square (yid. Nor- 
ma), the rule, and the line and plummet (vid. Per- 
pendiculum), and in which he aimed at produ- 
cing a surface not only smooth and shining, but 
as little as possible liable to crack or decay, 9 he 
was often succeeded by the painter in fresco (udo 
tectorio 10 ). In many cases the plaster or stucco 
was left without any additional ornament ; and its 
whiteness and freshness were occasionally restored 
by washing it with certain fine calcareous or alu- 
minous earths dissolved in milk (paratonium, 11 terra 
Selinusia 13 ). A painted wall was commonly divided 

I (Wyttenbach's Guide, p. 60.)— 2. (Virg., JEn., v., 589.)— 3. 
(Ovid, Ket., iv., 66.)— 4. (Thucyd., ii., 3.)— 5. (Festus, s. v.— 
Plin., H. N., xxxv., 14, s. 49.)— 6. (Athen., vii., p. 281, d.)—7. 
(Eph., ii., 14.)— 8. (Vitruv., vii., 3.— Acts, xxiii., 3.)— 9. (Vi- 
truv., vii., 3.)— 10. (Vitruv., 1. c.)— 11. (Plin., H. N., xxxv., 6, 
• 18.)— 12. (Id. ib., 16, s. 56.) 
736 



by the artist into rectangular compartments, which 
he filled, according to his taste and fancy, with an 
endless variety of landscapes, buildings, gardens, 
animals, &C 1 (Vid. Painting, p. 715.) 

Another method of decorating walls was by in- 
crustihg them with slabs of marble (crustce). The 
blocks designed for this purpose were cut into thin 
slabs by the aid of sawmills. (Vid. Mola.) Vari- 
ous kinds of sand were used in the operation, ac- 
cording to the hardness of the stone, emery (naxia*) 
being used for the hardest. This art was of high 
antiquity, and probably Oriental in its origin. The 
brick walls of the Mausoleum at Halicarnassus, budi 
as early as 355 B.C., were covered with slabs of Pro- 
connesian marble, 3 and this is the most ancient ex- 
ample upon record. In the time of Pliny,* slabs of 
a uniform colour were sometimes curiously inlaid 
with variously-coloured materials in such a way as 
to represent animals and other objects. In short, 
the beautiful invention now called Florentine Mo- 
saic was then in use for the decoration of the walls 
of apartments. (Vid. Emblema.) The common 
kind of Mosaic was also sometimes used in walls. 
as well as in floors and ceilings. The greatest re- 
finement was the attempt to produce the effect of 
mirrors, which was done by inserting into the wall 
pieces of black glass manufactured in imitation of 
obsidian. 5 ( Vid. House, Roman, p. 516, 520; Paint- 
ing, p. 715.) 

PARILI'LIA. (Vid. Palilia.) 

*PARIUM MAR M OR (Udpiog lidoc), Parian 
Marble, a species of marble much celebrated in an- 
cient times, and procured from the island' of Paros. 
It was used, for the most part, in statuary. " Among 
the marbles enumerated by Tbeophrastus and Pliny, 
that ranks first," remarks Dr. Moore, "with both, 
which, from the island of Paros. where it was ob- 
tained, was called Parian ; and from the manner in 
which it was quarried, by the light of lamps, was 
sometimes, as Pliny, on the authority of Yarro, 
tells us, designated by the name Lychnites. This 
is the stone 'whose colour was considered as pleas- 
ing to the gods ; which was used by Praxiteles 
and other ancient sculptors, and celebrated for its 
whiteness by Pindar and Theocritus." Of this 
marble are the Venus de Medici, the Diana Vena 
trix, the colossal Minerva (called Pallas of Velletri), 
Ariadne (called Cleopatra), Juno (called Capitolina), 
and others. Of this are also the celebrated Oxford 
marbles, known as the Parian Chronicle." For a 
detailed account of the Parian quarries, and the 
marble contained there, consult Clarke's Travels, 
vol. 6, p. 133, seq., Lond. ed. 

PARMA, dim. PARMULA, 7 a round shield, three 
feet in diameter, carried by the velites in the Roman 
army (see p. 104). Though small, compared with 
the Clipeus, it was so strongly made as to be a 
very effectual protection. 8 This was probably owing 
to the use of iron in its framework. In the Pyrrhic 
dance it was raised above the head and struck with 
a sword, so as to emit a loud, ringing noise. 9 The 
parma was also worn by the Equites ; 10 and for the 
sake of state and fashion, it was sometimes adorn- 
ed with precious stones. 11 

We find the term parma often applied to the tar 
get (vid. Cetra), which was also a small round 
shield, and, therefore, very similar to the parma." 
Virgil, in like manner, applies the term to the cli 
peus of the Palladium, because, the statue being 
small, the shield was small in proportion. 13 

1. (Vitruv., vii.,-5.)— 2. (Plin., H. N., xxxvi., 6, s. 9.)— 3 
(Plin., H. N., xxxvi., 6.) — 4. (H. N., xxxv., 1.) — 5. (Plin., H 
N , xxxvi., 26, s. 67.)— 6. (Moore's Anc. Mineralogy, p. 77.) — 7 
(Hor., Cam., ii., 7, 10.) — 8. (Polyb., vi., 20.) — 9. (Claud., D 
vi. Cons. Honor., 628.)— 10. (Sallust, Fragm. Hist., L. IV.)- 
11. (Propert., IV., ii., 21.)— 12. (Propert., IV., ii., 40.— MpU, I 
5, t) 1.— Virg., JEn., x., 817.)— 13. (^En , ii., 175.) 



PARTHExMAI. 



PASTOPHORUS. 



The ar.iiexed woodcut represents a votive parma, 




•»m(Vv«!ssed (oQvpfaa rov) (vid. Malleus) and gilded, 
representing on its border, as is supposed, the ta- 
king of Rome by the Gauls under Brennus, and its 
recovery by Camillus. It belonged formerly to the 
Woodwardikn Museum, and is supposed by antiqua- 
ries to have been made in the time of Claudius or 
Nero. The bois (umbo) is a grotesque face, sur- 
rounded with ra.Vs horns, foliage, and a twisted 
beard. 1 

*PARNOPS (Trd,^jxp), a species of Locusla, or 
Grasshopper.' 

* PARONYCHIA {xapuvvx'ia), a species of Grass. 
" There is great uncertainty about it," remarks 
Adams. " Conformity cf names gives some coun- 
tenance to the conjecture of Lobelius, who held it 
to be our Whitlow Grass, namely, the Draba verna, 
L.' T3 

PARO'PSIS (Trapoifiic). Two different meanings 
are given to this word by the Greek grammari- 
ans ; some interpret it as meaning any food eaten 
with the oipov (vid. Opsonium), as ihe pu&, a kind 
of frumenty or soft cake, broth, or any kind of con- 
diment or sauce ;* and others a saucer, plate, or 
small dish. 5 It is plain, however, from the numer- 
ous passages collected by Athenaeus, 6 that the word 
was used in both significations, and was the name 
of the dish or plate, as well as of its contents. 7 
The Roman writers seem always to use it in the 
sense of a dish or plate ; 8 and, according to Chari- 
sius, it was so called, " quia in eo reponuntur obso- 
fua, et ex eo in mensa comeduntur." The word is 
also written Parapsis.' 

*PARR A, a bird of evil omen, about whicr great 
difference of opinion exists. Vanderbourg, one of 
the commentators on Horace (by which poet the 
Parra is once mentioned), is in favour of the 
Screech Owl. 10 

PARRICI'DA. {Vid. Cornelia Lex de Sica- 

RUS.) 

PARTHEN1AI or PARTHENEIAI (Trapdeviat 
or Trapdevelai) are, according to the literal meaning 
of the word, children born by unmarried women 
(Tapdivoi 11 ). Some writers also designated by this 
name ihose legitimate children at Sparta who were 
born before the mother was introduced into the 
house of her husband. 13 The partheniae, however, 

1. (Dodwcll, De Parma Woodwardiana, Oxon., 1713. — Com- 
pare Bernd, Das Wapperrwesen der Griechen und Rorr.er, Bonn, 
J841.)— 2. (Strabo, xiii., 9.— ./Elian, N. A., vi., 19.)— 3. (Dios., 
i"., 54.— Adams, Append., s. v.) — 4. (Pollux, Onom.,vi., 56 ; x., 
87.— Ilemster., ad loc.)— 5. (Hesych. and Suid., s. v.) — 6. (ix., 
p- 367, 368.)— 7. (Compare Xen., Cyr., i., 3, t) 4.— Plut., De 
Adul. et Am., 9.— St. Matthew, xxiii., 26.)— 8. (Juv., iii., 142.— 
Mart., xi., 27, 5.)— 9. (Hesych., s. v.— Suet., Galb., 12.— Petron., 
34. —Dig-. 34, tit. 2, s. 19, t> 9.) —10. rVanderbourg ad Ho t., 
Carm., iii., 27, 1.)— 11. (Horn., II., xvi.', 180.)— 12. (F«><" * . s. 
r.- -Mnller, Dcr., iv., 4, t) 2.) 
fi A 



as a distinct class of citizens, appear at Sparta after 
the first Messenian war, and in connexion with the 
foundation of Tarentum; but the legends as to who 
they were differ from one another. Hesychius says 
that they were the children of Spartan citizens and 
female slaves ; Antiochus 1 states that they were 
the sons of those Spartans who took no part in the 
war against the Messenians These Spartans were 
made Helots, and their children were called par- 
thenias, and declared uti/ioi. When they grew up, 
and were unable to bear their degrading position at 
home, they emigrated, and became the founders of 
Tarentum. Ephorus, 2 again, related the story in a 
different manner. When the Messenian war had 
lasted for a considerable number of years, the Spar- 
tan women sent an embassy to the camp of their 
husbands, complained of their long absence, and 
stated that the Republic would suffer for want of 
an increase in the number of citizens if the war 
should continue much longer. Their husbands, 
who were bound by an oath not to leave the field 
until the Messenians were conquered, sent home 
all the young men in the camp, who were not bound 
by that oath, and requested them to cohabit with 
the maidens at Sparta. The children thus produced 
were called partheniae. On the return of the Spar- 
tans from Messenia, these parthenias were not treat- 
ed as citizens, and, accordingly, united with the 
Helots to wage war against the Spartans. But, 
when this plan was found impracticable, they emi- 
grated, and founded the colony of Tarentum. 3 ( Vid. 
Epeunaktai.) These stories seem to be nothing 
but distortions of some historical fact. The Spar- 
tans, at a time of great distress, had perhaps allow- 
ed marriages between Spartans and slaves or La- 
conians, or had admitted a number of persons to the 
franchise, but afterward endeavoured to cuitail the I 
privileges of these new citizens, which led to insur 
rection and emigration.* 

*PARTHEN'ION (napdiviov), a species of plant, 
which Sprengel makes to be the Matricaria Par- 
thenium, the same with the Pyrethrum Parthenium, 
Hooker, in English, Fever-few. Sibthorp, with 
some hesitation, however, advocates the same opin- 
ion. 5 

♦PASSER (arpovdoc), the Sparrow. " The Greek 
term orpovdoc is used by Paulus ^Egineta in the 
same sense that Passeres is by Linnaeus, as apply- 
ing to the order of small birds. It is more partic- 
ularly applied to the Passer domesticus, or House 
Sparrow. Gesner supposes the irvpyirnc and rpuy- 
?.odvT7]c mere varieties of it ; but it is more proba- 
ble that the latter was the Hedge Sparrow, or Ac 
centor modularis, Cuvier." 6 

PASSUS, a measure of length, which consisted 
of five Roman feet. 7 (Vid. Pes.) The passus was 
not the step, or distance from heel to heel, when 
the feet were at their utmost ordinary extension, 
but the distance from the point which the heel 
leaves to that in which it is set down. The mille 
passuum, or thousand paces, was the common name 
of the Roman mile. (Vid. Milliare.) 

PASTOPHORUS (TzacTo<p6poc). The shawl, 
richly interwoven with gold (xpvcoTzaoToc), and dis- 
playing various symbolical or mythological figures, 
was much used in religious ceremonies to conduce 
to their splendour, to explain their signification, and 
also to veil their solemnity. The maidens who 
carried the figured peplus in the Panathenaea at 
Athens were called apfrriybpoi. In Egypt, the priests 
of Isis and Osiris, who probably fulfilled a similai 



1. (ap. Strab., vi., 3, p. 43, <fcc.)— 2. (ap. Stiab., vi., 3, p. 45/ 
— 3. (Compare Theopomp. ap. Athen., vi., p. 271.)— 4. {Vid 
Thirlwall, Hist, of Greece, i., p. 352, &c.) — 5. (Adam?, Ap* 
pend., a. v.) — 6. (Adams, Append., s v. ZrpovQos.)— 7 (Ool'ira , 
v., 1 — Vitruv.. x., 14.) 

737 



PATERA. 



PATERA. 



office, were denominated iraaTo^opot, and were in- 
corporated. 1 They appear to have extended them- 
selves, together with the extension of the Egyptian 
worship, over parts of Greece and Italy, so that 
"the College of the Pastophori of Industria," a city 
of Liguria, is mentioned in an inscription found 
near Turin. 2 The Egyptian college was divided 
into minor companies, each containing ten pasto- 
phori, and each having at its head a leader who 
was called decurio quinquennalis, because he was ap- 
pointed for five years. 3 Besides carrying the ttclo- 
Tot,-, or sacred ornamental shawl, they performed 
other duties in connexion with the worship of the 
temple. It was the office of this class of priests to 
raise the shawl with the performance of an appro- 
priate chant, so as to discover the god seated or 
standing in the adytum, 4 and generally to show the 
temple with its sacred utensils, of which, like mod- 
ern sacristans, they had the custody. 5 In conse- 
quence of the supposed influence of Isis and her 
priesthood in healing diseases, the pastophori ob- 
tained a high rank as physicians. 6 

It must be observed, that, according to another 
interpretation of iraoTog, the pastophori were so de- 
nominated from carrying, not a shawl, but a shrine 
or small chapel, containing the image of the god. 
Supposing this etymology to be correct, it is no less 
true that the pastophori sustained the various offices 
which have been here assigned to them. 

It was indispensably requisite that so numerous 
and important a body of men should have a residence 
appropriated to them in the temple to which they 
belonged. This residence was called iraurotpopcov. 
The common use of the term, as applied by the 
Greeks to Egyptian temples, led to its application 
to the corresponding part of the Temple at Jerusa- 
em by Josephus, 7 and by the authors of the Alex- 
andrine version of the Old Testament. 8 

PATER FAMIL'LE. (Vid. Familia, Marriage 
(Roman), Patria Potestas.) 

PATER PATRA'TUS. (Vid. Fetiales.) 

PATERA, dim. PATELLA (<j>idXri), a round dish, 
a plate, a saucer. Macrobius, 9 explaining the dif- 
ference between the patera and the Carchesium, 
says that the former received its name from its fiat, 
expanded form (planum ac patens). The paterae of 
the most common kind are thus described by Fes- 
tus : 10 " Vasa picata parva, sacrificiis faciendis apla" 
(Nigra patella, 11 Rubicunda testa"). They were 
small plates of the common red earthenware, on 
which an ornamental pattern was drawn in the 
manner described under the article Fictile, 13 and 
which were sometimes entirely black. Numerous 
specimens of them may be seen in the British Mu- 
seum, and in other collections of ancient fictile va- 
ses. The more valuable paterae were metallic, be- 
ing chiefly of bronze ; but every family, raised above 
poverty, possessed one of silver (dpyvpig), together 
with a silver salt-cellar. (Vid. Saeinum.) 14 In op- 
ulent houses there was a plate of gold (xpvaig 15 ). 
These metallic plates were often adorned with fig- 
ures, engraved or embossed upon them. 16 A beau- 
tiful specimen is presented in the woodcut to the ar- 
ticle Libra ; and the accompanying woodcut exhib- 
its a highly ornamented dish, also of bronze, design- 
ed to be used in the worship of Mars, and found at 



1. (Diod. Sic, i., 29. — Porphyr., De Abstin., iv., 8. — Apul., 
Met , xi., -p. 124, 128, ed. Aldi.)— 2. (Maffei, Mus. Veron., p. 
•230.) — 3. (Apul., Met., xi., ad fin.) — 4. (Clem. Alex., Paedag-., 
iii., 2.) — 5. (Horapollo, Hier., i., 41.) — 6. (Clem. Alex., Strom., 
vi., 4, p. 758, ed. Potter.)— 7. (Bell. Jud., iv., 12.)— 8. (1 Chron., 
ix., 26, 33 ; xxiii., 28.— Jer., xxxv., 4.— 1 Mace, iv., 38, 57.)— 9. 
(Sat., v., 21.) — 10. (s. v. Patellae.) — 11. (Mart., v., 120.) — 12. 
(xiv., 114.)— 13. (p. 418.) — 14. (Pirn., H. N., xxxiii., 12, s. 54.) 
—15. (Athen., xi., p. 497, 502. — Pind., 01., vii., 1-3.— Virg., 
Georg., ii., 192.) — 16. (Cic, Verr , II., iv., 21. — Xen., Anab., 
iv.. 7, $27; vii., 3, $27.) 
738 



Pompeii.- The view oi the upper surface is accom- 
panied by a side view, showing the form and depth 





of the vessel. The ornamental paterae sometimes 
represented leaves of fern, which probably diverged 
from the centre (filicatcB 2 ). Gems were set in oth- 
ers. 3 We read also of an amber dish (electrinam), 
having in the centre the countenance of Alexander 
the Great, and his history represented on the bor- 
der.* The annexed woodcut contains a view and 
section of a plate of white marble in the British 
Museum, which was found in the ruins of Hadrian's 
Villa, and purchased by Mr. Townley. It is 11 




few 



^^ff^ i J >M 



inches in diameter, and 1| high. It is cut with skill 
and delicacy, the marble not being much more than 
a quarter of an inch thick. In the centre is sculp- 
tured a female bacchante, in a long tunic and with 
a scarf (vid. Chlamys) floating over her head. This 
centre-piece is encircled by a wreath of ivy. The 
decorations indicate the appropriation of the plate to 
the worship of Bacchus. 

Plates were sometimes made so as to be used 
with either side downward, and were then distin 
guished by the epithet a^Wtroq} In these the 
under surface was ornamented as well as the upper. 
The Massilians and other Ionic Greeks commonly 
placed the under surface uppermost. Plates were 
farther distinguished from one another by being ei- 
ther with or without a base (Trvd/xqv), a boss in the 
middle (bfi^aXurrf, fiecofidaTiog, Qdols), feet ((3a2.avu- 
ttj), and handles. 6 In the preceding woodcuts the 

1. (Donaldson's Pomp., vol. ii., pi. 78.)— 2. (Cic, Parad., i., k 
2.)— 3. (Cic, Verr., II., iv., 24.— Virsf., JSa., i., 728, 739.— Treb. 
Poll., Claud., p. 208, ed. Salmas.) — 4. (Treb. Port., Trig. Tyr., 
13.)— 5. (Horn., II., xxiii., 270, 616.) — 6. (Athen., xi., p 501 

502 * 



PATHOLOGIA. 



PATHOLOGIA. 



bronze patera has one handle : both the paterae are 
made to stand upon a low base. 

Small plates were sometimes used in cooking, 1 
an operation more commonly performed in pots (vid. 
Olla) and basins or bowls. (Vid. Patina.) They 
•<vere used at meals to eat upon as we use them, 3 
although it appears that very religious persons ab- 
stained from this practice on account of the custom- 
ary employment of them in sacrificing to the gods. 3 
A larger plate, in fact a round dish, was used to 
bring to table such an article of food as a flat fish.* 
Mustard 5 and ointments 6 were brought in saucers. 
The Greeks also drank wine out of plates or sau- 
cers, 7 as we see in the woodcut on p. 326, which 
represents a symposium, and in which the second 
and third figures from the right hand have each a 
saucer. It was, however, one of the refinements 
of luxury among the Asiatics, that the cup-bearer 
used the plate as a waiter to hold the cup into which 
he poured the wine ; and, as the plate was without 
a handle (avev cjtuv), he took hold of it adroitly with 
three of his fingers. 8 

The use of patera? at meals no doubt gave origin 
to the employment of them in sacrifices. On these 
occasions they held either solid food (fuicpdv Kpeag, 9 
cibos 10 ), or any liquid intended to be poured out as a 
libation. 11 We find them continually represented in 
conjunction with the other instruments of sacrifice 
upon coins, gems, altars, bas-reliefs, and the friezes 
of temples. In the ancient Doric temple at Rome, 
now dedicated to St. Adrian, the tasteful patera and 
the cranium of the bull are alternately sculptured on 
the metopes. 12 

Plates of the most precious materials and of the 
finest workmanship were sometimes given as prizes 
Ht the public games. 13 

PATHOLOGIA (Tladoloyucr}), one of the five 
parts into which, according to some authors, the 
science of medicine among the ancients was divided 
'oid. Medicina), which, as its name implies (nddoc, 
disease, and "koyoc, a discourse), had for its especial 
object the whole doctrine of disease, in what it con- 
sists, from what, it springs, what changes it effects 
in the human frame, &c. It would be impossible 
here to attempt anything like a complete analysis 
of the opinions of the ancients on this subject ; it 
will, perhaps, be sufficient to notice the doctrines of 
the two principal physicians of antiquity, Hippocra- 
tes and Galen, and to give a list of such of their 
treatises on the subject as are still extant, referring 
the reader for a more detailed account to the His- 
tories of Medicine by Le Clerc and Sprengel, and 
especially to a little work by Sophocles ab GScono- 
mus, entitled " Specimen Pathologiae Generalis Ve- 
terum Grascorum," Berol.,8vo, 1833. Hippocrates, 
says Sprengel, 1 * in his pathology occupied himself 
much less about the immediate than the remote caus- 
es of diseases. It is true that he admitted the the- 
ory of elementary humours, but he very rarely makes 
use of it in the explanation of the causes of different 
affections, and always in an indirect and obscure 
manner. We find in his writings very few specu- 
lations upon the essence of diseases Tn the trea- 
tise Uepl -up kv KetpaXri Tpav/udruv, "De Capitis Vul- 
neribus," 15 he explains inflammation by the blood's 
fl ">wing into parts into which it had not penetrated 



1. (Plin., II. N., xxx., 8, s. 21.)— 2. (Varro, Euinen. ap. Non. 
Marc, xv., 6.— Her., Epist., I., v., 2.) — 3. (Cic, Fin , ii., 7.)— 
4. (Mart., xni., 81.)— 5. (Plin., H. N., xix., 8, s. 54.)— 6. tXen- 
oph., p. 68, ed. Karsten.)— 7. (Xen., Conv., ii., 23.) — 8. (Xen., 
Cjtt., i., 3, y 8, 9.)— 9. (Varro, Man. ap. Non. Marc, 1. c.) — 10. 
(Ovid, Fast., vi., 310.)— 11. (Virg., JEn., iii., 67 ; iv., 60 ; v., 98; 
v.., 249 ; vii., 133 ; in., 174.— Ovid, Met., ix., 160. — Fast., ii., 
634 ; iv., 934. — Val. Flacc, v., 192 - Juv., iii., 26. — Heliod., 
jEthiop., ii., p. 98— Athen., xi., p. 482.)— 12. (Labacco, Ant. di 
Roma, 16, 17.)— 13. .(Horn., II., xxiii., 270.— Pind., Isth., i., 20.) 
- '4 'Hist, de la Med )- 15. (torn, iii., p. 362, ed. Kuhn.) 



before. In another passage 1 he has recourse to the 
elementary qualities to account for barrenness. He 
points out two general causes of spasms, fulness 
and emptiness, 2 and refers all external irritations to 
these two causes. He explains the formation of 
urinary calculi in a very simple manner : these ex- 
traneous bodies are owing to the accumulation of 
sandy particles contained in the urine. 3 Galen, in 
a very important passage,* says that "Hippocra- 
tes never deigned to admit the causes of diseases 
according to his imagination ; he was convinced 
that it was always safer to refer them to phenomena 
that were plainly recognised. Thus he never pro- 
poses his own method of cure but when he believes 
it founded on experience." He rendered a great ser- 
vice to pathology by not multiplying to infinity, like 
the physicians of the Cnidian school (vid. Medicina, 
p. 629), the number of the sorts of diseases, and by 
observing with scrupulous attention the essential 
difference which exists between the same symptoms 
according as they arise from different causes. 8 It 
is upon these principles that he founded his ex- 
cellent axioms of diagnosis, and complained that 
physicians had not sufficient experience to recognise 
whether weakness in diseases was the consequence 
of the emptiness of the vessels, of some other irri- 
tation, or of pain and the intensity of the malady ; 
nor could they discern the accidents occasioned by 
the constitution of the individual. Thus he estab- 
lished between active and passive symptoms a dis- 
tinction which he believed to be much more impor- 
tant than the classification of diseases according to 
species founded upon pure subtleties. He devoted 
his whole attention to the remote causes of disease, 
particularly to the air and winds. He began by ex- 
plaining the action of heat and cold upon the human 
body, 6 and then pointed out the changes that the in- 
fluence of the season and weather occasions in the 
general constitution. He thought a dry atmosphere 
more healthy than a very damp one. 7 He regarded 
the variations of the weather in the different sea- 
sons as a sufficient cause for a number of diseases 
peculiar to each part of the year. Many of these 
principles have perhaps only been founded upon a 
single observation ; indeed, sometimes his observa- 
tions were incorrect, because they were based upon 
insufficient reasonings. When, for example, he met 
with a disease in a town, situated opposite to such 
or such a quarter of the heavens, he did not fail to 
attribute it to the influence of the climate. For this 
reason he attributed abortion and hydrocele to the 
north wind, and the fecundity of women to the east 
wind. He even went so far as to think that water 
possessed particular qualities according to the dif- 
ferent countries where it was met with and the 
winds to which it was exposed. The Humoral Pa- 
thology, as it is called, or the theory according to 
which all maladies are explained by the mixture of 
the four cardinal humours, viz., Blood, Bile, Mucus 
or Phlegm (^"Keyjia), and Water, is found in the wri 
tings of Hippocrates, and is still more developed by 
Plato. The common source of all these humours 
is the stomach, from whence they are attracted by 
different organs when diseases develop themselves.' 
To each of these four humours was assigned a par- 
ticular source ; the bile is prepared in the liver, the 
mucus in the head, and the water in the spleen. 9 
The bile causes all the acute diseases ; the mucus 
contained in the head occasions catarrhs and rheu- 
matism ; 10 dropsy depends upon an affection of the 



1. (Aphor., sect, v., y 62, torn, iii., p. 747.) — 2. (Aphor. 
sect, vi., y 39, p. 754.) — 3. (Aphor., sect, ii., y 71, p. 738.) —4. 
(Comment., i., in Lib. de Artie, p. 312, torn, xviii., A., ed 
Kuhn.) — 5. (Galen, De Meth. Med , lib. i., p. 15, torn, x.) — 6. 
(Aphor., v., sect v., y 15, torn, iii., p. 740, 741.) — 7. (Aphor, 
sect, iii., « 15, p 722.) — 8. (De Morb., lib. iv., torn, ii., p. 325 . 
— a. (Ibid.)— 10 (De Loc in Horn. torn, ii, p. 119.) 

739 



PATHOLOGIA. 



PATINA. 



spleen. 1 The quantity of the bile determines the 
type of the fever, which is continued (avvoxog) if the 
mass of this fluid is as considerable as it can be ; 
quotidian if it is less abundant ; tertian if it is still 
iess ; and quartan if there is mixed with it a certain 
proportion of viscous black bile, or atrabile* This 
theory of the Humours is also exposed in a much 
more simple manner in another work, in which the 
autnor attributes all diseases to the mucus and bile. 3 
The Humoral Pathology was developed by the pu- 
pils of Hippocrates with much greater precision than 
it had been before ; it formed the most essential 
part of the system of the Dogmatici, and has been 
the basis of all those invented since. (Vid. Dog- 
matici.) 

The following is Sprengel's analysis of the Pa- 
thology of Galen. He defines health to be that state 
in which the body is exempt from pain, and per- 
forms its usual functions without obstacle ; and 
disease to be the contrary to this, viz., that state of 
the body (dtddeaig, Karaonevi]) in which the functions 
are disturbed.* One must not confound with this 
state the affection (irddoc), that is to say, the effect 
of this disturbance of the functions. 5 That which 
determines this injury is the cause of the disease, 
the sensible effects of which are the eKiyevvrjfxaTa, 
or symptoms. 6 Diseases (dtadeaeic) are unnatural 
states either of the similar parts (6p:oLo/j,ep?}), or of 
the organs themselves (bpyavind). 1 Those of the 
similar parts proceed in general from the want of 
proportion among the elements, 8 of which one or 
two predominate. 9 In this manner arise eight dif- 
ferent dvoupdaiai. 10 The affections of the organs 
'hemselves depend upon the number, the figure, the 
quantity, or the situation of the parts. 11 Symptoms 
?onsist either in the derangement of a function or 
n the vicious state of the secretions. 12 The causes 
)f disease are remote or proximate : the former 
contribute, up to a certain point, to the development 
if diseases ; but they must agree perfectly with 
each other to give rise to a proximate cause. They 
■nay be external or internal ; Galen calls the latter 
antecedent, npcnyovfievai, and the former primitive, 
irpoKarapKTiKai. 13 Those which are internal depend 
almost always upon the superabundance (tt^Ooc) 
or the deterioration of the humours (Katcoxvjuia 1 *). 
When the blood is in too great a quantity, it is of 
importance to determine whether this superabun- 
dance is absolute, or only with reference to the 
strength of the patient. Hence arise two kinds of 
plethora which the modern schools have adopted. 15 
Galen gives to every disorder of the humours the 
name of putridity, which takes place every time that 
a stagnant humour is exposed to a high temperature 
without evaporating. 16 For this reason, suppuration, 
and even the sediment of urine, are proofs of putrid- 
ity. 17 In every fever there is a kind of putridity 
which gives out an unnatural heat, which becomes 
the cause of fever, because the heart, and afterward 
the arterial system, takes part in it. 18 All fevers 
arise from a deterioration of humours, with the ex- 
ception of the ephemeral fever, which proceeds 



1. (De Affect., torn, ii., p. 399, 400.)— 2. (De Nat. Horn., torn. 
. p. 369, 370.)— 3. (De Morb., lib. i., torn, ii., p. 167.) —4. (De 
Diff. Sympt., lib. iii., p. 43, 44, ton), vii., ed. Kiihn. — Meth. 
Med., lib. i., p. 41 ; lib. ii., p. 81, torn. x. — De Diff. Morb., c. ii., 
n. 837, torn, vi.) — 5. (De Diff. Sympt., 1. c. — De Locis Affect., 
lib. i., c. 3, torn, viii., p. 32.) — 6. (De Diff. Sympt, lib. iii., p. 
43. — Meth. Med., lib. ii., p. 81, torn, x.) — 7. (Ibid., lib. ix., p. 
646.)— 8. (De Diff. Morb., c. ii., p. 840, torn, vi.) — 9. (Meth. 
Med., lib ix , p. 646, torn, x.) — 10. (De Anomal. Dyscras., p. 
739, torn, rii.) — 11. (Meth. Med., 1. c.) — 12. (Meth. Med., lib. 
xii., p. 811, torn. x. — De Diff. Sympt., p. 50, torn, vii.) — 13. (De 
Tuenda Valet., lib. iv., p. 236, torn, vi.) — 14. (De Tuenda Val- 
et., lib. vi., p. 407, torn, vi.) — 15. (De Plenitudine, cap. 3, p. 
522, torn, vii.) — 16. (Meth. Med., lib. ix., cap. 10, p. 763, torn, 
x.) — 17. (Comm. 3 in lib. iii. Hippocr., Epidem., p. 740, torn, 
rvii , a.) — 18. (De Venae Sect Therap., p. 264, torn, xi ^ 
740 



Among 



irom £. ^articular affection of the irvetna. 
the intermittent fevers, Galen attributes the quotid- 
ian to the disorder of the phlegm, the tertian to that 
of the bile, and the quartan to the putrefaction of 
the black bile, or atrabile. This last humour being 
the most difficult to set in motion, requires also the 
most time to bring on the attack. A very extra- 
ordinary thing, says Sprengel, is, that this arbitrary 
hypothesis is really supported by a great number of 
facts ; and hence it has found, even in modern 
times, many supporters of no common merit. 2 Ga~ 
len, like Hippocrates, explains inflammation very 
simply by the introduction of the blood into a part 
which did not before contain any. 3 If the pneuma 
insinuates itself at the same time, the inflammation 
is then pneumatic, ixvevfiarudrjc : it is, on the other 
hand, pure, (phey/xovudng, when the blood penetrates 
alone ; (edematous, ol^n/j,aTudnc, if it is accompanied 
by phlegm ; erysipelatous, epvcLTrelarudnc, when bile 
is joined with it ; and schirrous, oKip^udrjc, if accom- 
panied by atrabile. 4 He made the same division 
of hemorrhage as is admitted in the present day ; 
he divides it into that which is produced by anasto- 
mosis, dilatation, &c. 5 

The following are the titles of the works relating 
to Pathology that are found in the collection of 
writings that bear the name of Hippocrates, but of 
these none are undoubtedly genuine (see Choulant, 
" Handbuch der Biicherkunde fur die iEltere Medi- 
cin," Leipzig, 1841) : 1. llepl Novacov, " De Morbis ;" 
2. Ilepl Uadov, "De Affectionibus;" 3. Uepl ruv 
'Evroc Iladtiv, " De Internis Affectionibus ," 4. Jlepl 
Uapdeviuv, " De Virginum Morbis ;" 5. Uepl Tvvac- 
Keirjc Qvoiog, " De Natura Muliebri ;" 6. Ilepl IV 
vaiiceitov, " De Mulierum Morbis ;" 7. Uepl 'A<j>6puv, 
"De Sterilibus;" and 8. Ilepl 'OipLoc, "De Visu." 
The principal pathological works of Galen are, 1. 
his six books Ilepl tuv Uenovdorcdv T6kg>v, " De Lo- 
cis Affectis ;" 2. Uepl kiafyopac. Noanfidrov, " De 
Differentiis Morborum ;" 3. Ilfp* rtiv ev role Noot?- 
\iaaiv 'Aitiuv, " De Morborum Causis." There is 
also much matter relating to the subject of Pathol- 
ogy to be found in several other parts of his works. 

PATIB'ULUM. (Vid. Furca.) 

PATTNA ( "kenavn, dim. "kendvLOV al. "keKupiov, 
"keKavioKn* Xettavlc, second dim. "Xenavidiov 1 ), a basin 
or bowl of earthenware, rarely of bronze 8 or silver. 9 

A patina, covered with a lid (operculum), way 
sometimes used to keep grapes instead of a jar, 10 a 
proof that this vessel was of a form intermediate 
between the Patera and the Olla, not so flat m 
the former, nor so deep as the latter. Hence it if 
compared to the crater. 11 (Vid. Crater.) This ac 
count of its shape accords with a variety of uses t 
which it was applied, viz., to hold water and 
sponge for washing, 12 and clay for making bricks, 1 
in vomiting, 1 * and in smelting the ore of quicksilver. 1 
But its most frequent use was in cookery and phai 
macy. 16 Although the patera and the olla were also 
used, the articles of diet were commonly prepared, 
sometimes over a fire, 17 and sometimes without fire, 
in a patina, and more especially when they were 
accompanied with sauce or fluid. 18 Hence the word 
occurs in almost every page of Apicius, De Opsoniis 
(vid. Opsonium) ; and hence came its synonyme 6i/»- 



1. (De Diff. Febr., lib. i., p. 295, 296, torn, vii.)— 2. (De Diff. 
Febr., lib. ii., p. 336, torn. vii. — Compare Eisner's " Beytrage 
zur Fieberlehre," Konigsb., 1789, 8vo.) — 3. (Meth. Med., lrb. 
xiii., p. 876, torn, x.) — 4. (Ibid., p. 879, torn, x.) — 5. (Meth. 
Med.„lib. v., p. 311, torn, x.)— 6. (Athen., vi., p. 268.)~7. (Bek- 
ker, Anec, p. 794.)— 8. (Pallad., De Re Rnst., i., 40.— Plin., H 
N., xxxiv., 11, s. 25.) — 9. (Treb. Poll., Claud., p. 208, c.) — 10 
(Col., De Re Rust., xii., 43.) — 11. (Schol. in Aristoph., Acharn., 
1109.)— 12. (Aristoph., Vesp., 598.)— 13. (Aves, 1143. 1146.)- 
14. (Id., Nub., 904.)— 15. (Plin., H. N., xxxiii., 8, s.'41.)— 16 
(Plin., H. N., xxiii., 2, s. 33.) — 17. (Plaut., Pseud., III., ii., 51 
— Plin., H. N., xviii., 11, s. 26 : xrii., 25,-s. 80.V — 18. (Hor 
Sat., I., iii., 80.) 



PATRIA POTESTAS. 



PATRIA POTEST AS. 



otoKrj} In the same bowl the food was commonly 
Drought to table, 3 an example of which is Izkclvlov 
-C)v /Xayuuv Kpeuv, i.e., "a basin of stewed hare." s 
But it is to be observed, that dishes (vid. Lanx, Pa- 
tera) were used to bring to table those articles of 
food, the form and solidity of which were adapted 
to f.uch vessels. 

The silver bowl was sometimes ornamented, as 
with ivy-leaves (hedcrata*), or by the insertion of 
minors (spccilla/a 5 ). These bowls weighed from 
10 'jo 20 lbs. each. Vitellius, wishing to obtain an 
earthenware bowl of immense size, had a furnace 
constructed on purpose to bake it. 6 

A method of divination by the use of a basin (/\e- 
KavofiavTria.) is mentioned by Tzetzes on Lycophron, 
v. 813. 

PATRES. {Vid. Patricii.) 

PAT'RlA POTESTAS. Potestas signifies gen- 
erally a power or faculty of any kind by which we 
do anything. "Potestas," says Paulus, 7 "has 
several significations : when applied to magistratus, 
it is imperium ; in the case of children, it is the patria 
potestas; in the case of slaves, it is dominium." 
According to Paulus, then, potestas, as applied to 
magistratus, is equivalent to imperium. Thus we 
find potestas associated with the adjectives praeto- 
ria, consularis. But potestas is applied to magis- 
trates who had not the imperium, as, for instance, 
to queestors and tribuni plebis; 8 and potestas and 
imperium are often opposed in Cicero. Thus it 
seems that this word potestas, like many other 
Roman terms, had both a wider signification and a 
narrower one. In its wider signification it might 
mean all the power that was delegated to any per- 
son by the state, whatever might be the extent of 
that power. In its narrower significations, it was, 
on the one hand, equivalent to imperium ; and, on 
the other, it expressed the power of those function- 
aries who had not the imperium. Sometimes it 
was used to express a magistratus, as a person, 9 
and hence, in the Italian language, the word podes- 
ta signifies a magistrate. 

Potestas is also one of the words by which is ex- 
pressed the power that one private person has over 
another, the other two being manus and mancipium. 
The potestas is either dominica, that is, ownership, 
as exhibited in the relation of master and slave 
(vid. Servus), or patria, as exhibited in the relation 
of father and child. The mancipium was framed 
after the analogy of the potestas dominica. (Vid. 
Mancipium.) 

Patria potestas, then, signifies the power which a 
Roman father had over the persons of his children, 
grandchildren, and other descendants (filiifamilias, 
filiafamilias), and generally all the rights which he 
had by virtue of his paternity. The foundation of 
the patria potestas was a legal marriage, and the 
birth of a child gave it full effect. (Vid. Marriage, 
Roman.) 

It does not seem that the patria potestas was 
ever viewed among the Romans as absolutely equiv- 
alent to the dominica potestas, or as involving own- 
ership of tee child ; and yet the original notion of 
the patria came very near to that of the dominica 
potestas. Originally the father had the power of 
life and death over his son as a member of his 
Tamilia : he could sell him, and so bring him into 
the mancipii causa ; and he had the jus noxae dandi 
as a necessary consequence of his being liable for 
the delicts of his child. He could also give* his 

1 (Photius, Lex., s. v.)— 2. (Xen., Cyr., i., 3, 6 4.— Athen., 
<v., j.. 149, /.-Plant., Mil., III., i., 1G4.— Tcr., Eun., IV , ,H., 

4 t'~ Hor -' Sat '» IL > viU -' 43)— 3 - (Aristoph., Acharn.. 1109 )— I. 
<Treb. Poll., 1. c.)— 5. (Fi. Vopirc., Probus, p. 2C4. ed. Spinas.) 
-6. (Plin., H. N., xxxv.. 12", s. 40. — Juv., iv.,':S0-1H4.>— 7. 
(Dig 50, tit. 16. s. 225.)— S. (Cic, Pro Cluer.t., o V <■ ■* uSue- 
ton.. Claud.. 13— Juv., Sat., x.. 10U.) 



daughter in marriage, or give a wife to his son, di 
vorce his child, give him in adoption, and emanci 
pate him at his pleasure. 

The father could exheredate his son, he could 
substitute another person as heir to him (vid. He 
res), and he could, by his will, appoint him a tutor. 

The general rights and disabilities of a filius- 
familias may be thus briefly expressed : " The child 
is incapable, in his private rights, of any power or 
dominion ; in every other respect he is capable of 
legal rights." 1 The incapacity of the child is not 
really an incapacity of acquiring legal rights, for 
the child could acquire by contract, for instance ; 
but everything that he acquired was acquired for 
his father. 

As to matters that belonged to the jus publi- 
cum, the son laboured under no incapacities : he 
could vote at the comitia tributa, he could fill a 
magistratus, and he could be a tutor : for the tute- 
la was considered a part of jus publicum. 

The child had connubium and commercium, like 
any Roman citizen who was sui juris, but these 
legal capacities brought to him no present power 
or ownership. His marriage was legal (justum), 
but if it was accompanied with the in manum con- 
ventio, his wife came into the power of his father, 
and not into the power of the son. The son's 
children w r ere in all cases in the power of their 
grandfather when the son was. 

Inasmuch as he had commercium, he could be a 
witness to mancipationes and testaments, but he 
could not have property nor servitutes. He had 
the testamenti factio, as already stated, so far as 
to be a witness to a testament, but he could not 
make a testament, for he had nothing to dispose 
of; and he could not have a heres. 

He could, as already observed, acquire rights 
for his father by contract, but none for himself, ex- 
cept in the case of an adstipulatio, an instance 
which shows the difference between a son and a 
slave. (Vid. Obligationes.) But he could incur 
obligations and could be sued like a paterfamilias. 
The foundation of these rules of law was the max- 
im that the condition of a master could be im- 
proved by the acts of his slaves, but not made 
worse ; and this maxim applied equally to a son 
and a slave. Between the father and the son no 
civiles obligationes could exist ; neither of them, 
consequently, could have a right of action against 
the other. Some writers have supposed that there 
was a difference between the capacities and inca- 
pacities of a filiusfamilias and a filiafamilias as to 
obligationes ; but the reasons alleged by Savigny 
seem conclusively to show that there was no dif- 
ference at all. 

The incapacity of the child to acquire for him- 
self, and his capacity to acquire for his father, as 
well as their mutual incapacity of acquiring rights 
of action against one another, are viewed by some 
modern writers as a consequence of a legal unity 
of person, while others affirm that there is no trace 
of such a fiction in the Roman law, and that the 
assumption is by no means necessary to explain 
the rule of law. Indeed, the fiction of such a unity 
is quite unnecessary, for the fundamental maxim 
already referred to, that a man may be made richer, 
but not poorer, by his slaves and children, is a sim- 
ple positive rule. Though the child could not ac- 
quire for himself, yet all that he did acquire for 
his father might become his own in the event of 
his father's death, a circumstance which material 
ly distinguished the acquisitions of a son from 
those of a slave ; and, accordingly, the son is some- 
times, though not with strict propriety, considered 
as a kind of joint owner with his father. 



1 (Savigny, System, &c, ii., 52.) 



741 



PATRIA POTESTAS. 



PATRIC1I. 



The rule as to the incapacity of a filiusfamilias 
for acquiring property was first varied about the 
time of Augustus, when the son was empowered to 
acquire for himself and to treat as his own what- 
ever he got in military service. This was the cas- 
trense peculium, with respect to which the son 
was considered as a person sui juris. 1 But if the 
filiusfamilias died without having made any dispo- 
sition of this peculium, it came to the father, and 
this continued to be the law till Justinian altered 
it ; but in this case the property came as peculium, 
not as hereditas. The privileges of a filiusfamil- 
ias as to the acquisition of property were extended 
under Constantine to his acquisitions made during 
the discharge of civil offices ; and as this new priv- 
ilege was framed after the analogy of the castrense 
peculium, it was designated by the name quasi 
castrense peculium. Farther privileges of the 
same kind were also given by Constantine and ex- 
tended under subsequent emperors {bona qua patri 
"ion adquiruntur). 

The patria potestas began with the birth of a 
child in lawful marriage. If a Roman had by mis- 
take married a woman with whom he had no con- 
nubium, thinking that connubium existed, he was 
allowed to prove his case {causes, erroris probatio), 
upon doing which, the child that had been born and 
the wife also became Roman citizens, and from 
that time the son was in the power of the father. 
This causae probatio was allowed by a senatus 
consultum, 2 which, as it appears from the context, 
and a comparison with Ulpian's Fragments, 3 was 
an amendment of the lex iElia Sentia. Other in- 
stances of the causae probatio are mentioned by 
Gaius. 

It was a condition of the patria potestas that 
the child should be born in marriage. By the old 
law, then, the subsequent marriage of the parents 
did not legitimate a child born before the marriage. 
But it seems to have early become the fashion for 
the emperor, as an act of grace, to place such child 
on the same footing as legitimate children. The 
legitimation per subsequens matrimonium only be- 
came an established rule of law under Constantine, 
and was introduced for the advantage of children 
who were born in concubinage. ( Vid. Concubina.) 
In the time of Theodosius II., the rule was estab- 
lished by which a child was legitimated per obla- 
tionem curiae. To these two modes of legitima- 
tion Justinian added that per rescriptum principis. 
The child thus legitimated came into the familia 
and the potestas of his father as if he had been 
born in lawful marriage. 

The patria potestas could also be acquired by 
either of the modes of adoption. ( Vid. Adoption, 
Roman.) 

The patria potestas was dissolved in various 
ways. It was dissolved by the death of the father, 
upon which event the grandchildren, if there were 
any, who had hitherto been in the power of their 
grandfather, came into the power of their father, 
who was now sui juris. It could also be dissolved 
in various ways during the lifetime of the father. 
A maxima or media capitis dimmutio, either of 
the parent or child, dissolved the patria potestas ; 
though, in the case of either party sustaining a cap- 
itis diminutio by falling into the hands of an en- 
emy, the relation might be revived by postliminium. 
A father who was adrogated, and, consequently, 
sustained a minima capitis diminutio, came, togeth- 
er with his children, who had hitherto been in his 
power, into the power of his adoptive father. The 
emancipation of the child by the father was a com- 
mon mode of dissolving the patria potestas, and 
was accompanied by the minima capitis diminutio. 



1 (Juv., Sat 
712 



., xvj,, 51.)— 2. (Gaius, i., 67.) — 3. (vii., 4.) 



If a son was elected flamen dialisr, or & dangntei 
was chosen a vestal, the patria potestas ceased ; 
and in the later period it was also dissolved by 
the son's attaining certain civil or ecclesiastical 
honours. The potestas of the father might cease 
without the son becoming sui juris, as in the case 
of the son being given in adoption. 

The term patria potestas strictly expresses the 
power of the father, as such, which arises from the 
paternal relation ; but the term also imports the 
rights of the child as a filiusfamilias or filiafamilias. 
Of these rights the most important was the capa- 
city of being the suus heres of the father. Gen- 
erally the parent could emancipate his child at his 
pleasure, and thus deprive him of the rights of ag- 
nation ; but the law in this respect was altered by 
Justinian, 1 who made the consent of the child ne- 
cessary. 

PATRFCII. This word is evidently a deriva- 
tive from pater, which frequently occurs in the Ro 
man writers as equivalent to senator. Patricii 
therefore signifies those who belonged to the pa 
tres "rex patres eos (senatores) voluit nominari, pa- 
triciosque eorum liberos ;" 2 though it seems to be a 
mistake in these writers to suppose that the patri- 
cii were only the offspring of the patres in the 
sense of senators, and necessarily connected with 
them by blood. The connexion was, as we shall 
see hereafter, a much wider one, but, in conse- 
quence of it, patres and patricii are sometimes used 
as convertible terms, so that patricii stands foi 
senators. 3 The words patres and patricii have thus 
radically the same meaning, and some of the an- 
cients believed that the name patres was given tc 
that particular class of the Roman population from 
the fact that they were fathers of families ; 4 others 
that they were called so from their age, 5 or be- 
cause they distributed land among the poorer cit- 
izens, as fathers did among their children. 6 But 
most writers refer the name to the patrocinium 
which the patricians exercised over the whole 
state, and over all classes of persons of whom it 
was composed. 7 

In considering who the patricians were, we have 
to distinguish three periods in the history of Rome. 
The first extends from the foundation of the city 
down to the establishment of the plebeians as a sec- 
ond order : the second, from this event down to the 
time of Constantine, during which time the patri- 
cians were a real aristocracy of birth, and, as such, 
formed a distinct class of Roman citizens opposed 
to the plebeians, and afterward to the new plebeian 
aristocracy of the nobiles : the third period extends 
from Constantine down to the middle ages, during 
which the patricians were no longer an aristocracy 
of birth, but were persons who merely enjoyed a 
title, first granted by the emperors, and afterward 
by the popes also. 

First Period : from the foundation of the city to 
the establishment of th&plebeian order. Niebuhr's re- 
searches into the early history of Rome have estab 
lished it as a fact beyond all doubt, that during this 
period the patricians were the whole body of Ro- 
man citizens ; that they were the populus Romanus ; 
and that there were no other real citizens besides 
them. 8 The other parts of the Roman population, 
namely, clients and slaves, did not belong to the 
populus Romanus, and were not burghers or patri- 
cians. The senators or patres (in the narrowei 



1. (Nov., 89, c. 11.)— 2. (Cic, De Repub., ii., 12.— Liv., i,. ? 
— Dionys., ii., p. 83, ed. Sylburg.)— 3. (Plut., Romul., 13.— Ly 
dus, De Mens., i., 20.— De Mag., i., 16.— Niebuhr, Hist, of 
Rome, i.,p. 336.)— 4. (Plut., Dionys., 1. c.)— 5. (Sallust, Cat., 
6.) — 6. (Fest., s. v. Patres Senatores. — Lyd., De Mens., iv., 50.) 
— 7. (Plut. and Sallust, 1. c. — Zonaras, vii., 8. — Suidas, s. v. 
HarpiKioi.)— 8. (Niebuhr, Hist, of Rome, ii., p. 224, 225, not* 
507.— Cic, Pro Caecin., 35.) 



PATRIC1I. 



PATRICII. 



sense rf the word) were a select body of the pop- 
ulus 01 patricians, which acted as their represent- 
ative. The burghers or patricians consisted ori- 
ginally of three distinct tribes, which afterward be- 
came united into the sovereign populus. These 
tribes had founded settlements upon several of the 
hills which were subsequently included within the 
precincts of the city of Rome. Their names were 
iiamnes, Tities, and Luceres, or Ramnenses, Titien- 
ses, and Lucerefises. Each of these tribes consist- 
ed often curiae, and each curia of ten gentes, and of 
the same number of decuries, which were establish- 
ed for representative and military purposes. ( Vid. 
Senatus.) The first tribe, or the Ramnes, were a 
Latin colony on the Palatine Hill, said to have been 
founded by Romulus. As long as it stood alone it 
contained only one hundred gentes, and had a sen- 
ate of one hundred members. When the Tities, 
or Sabine settlers on the Quirinal and Viminal Hills, 
under King Tatius, became united with the Ram- 
nes, the number of gentes, as well as that of sena- 
tors, was increased to 200. These two tribes, after 
their union, continued probably for a considerable 
time to be the patricians of Rome, until the third 
tribe, the Luceres, which chiefly consisted of 
Etruscans, who had settled on the Ceelian Hill, 
also became united with the other two as a third 
tribe. When this settlement was made is not cer- 
tain : some say that it w r as in the time of Rom- 
ulus ; l others, that it took place at a later time. 2 
But the Etruscan settlement was in all probability 
older than that of the Sabines, 3 though it seems 
occasionally to have received new bands of Etrus- 
can settlers even as late as after the establishment 
of the Republic. 

The amalgamation of these three tribes did not 
take place at once : the union between Latins and 
Sabines is ascribed to the reign of Romulus, though 
it does not appear to have been quite perfect, since 
the Latins on some occasions claimed a superiority 
over the Sabines.* The Luceres existed for a long 
time as a separate tribe without enjoying the same 
rights as the two other tribes, until Tarquinius 
Priscus, himself an Etruscan, caused them to be 
placed on a footing of equality with the others. 
For this reason he is said to have increased the 
number of senators to 300 s (compare Senatus), 
and to have added two vestal virgins to the exist- 
ing number of four. 6 The Luceres, however., are, 
notwithstanding this equalization, sometimes dis- 
tinguished from the other tribes by the name patres 
or patricii minorum gentium ; though this name is 
also applied to other members of the patricians, 
e. g., to those plebeian families who were admitted 
by Tarquinius Priscus into the three tribes, and in 
comparison with these, the Luceres are again call- 
ed patres majorum gentium. 7 That this distinction 
Dot ween patricii majorum and minorum gentium 
was kept up in private life at a time when it had 
no value whatever in a political point of view, is 
clear from Cicero. 3 Tullus Hostilius admitted 
several of the noble gentes of Alba among the pa- 
tricians (in patres legit), 9 viz., the Tullii (Juliil), 
Servilii, Quinctii, Geganii, Curiatii, and Cloelii, to 
vhich Dionysius 10 adds the gens Metilia. Ancus 
ttarcius admitted the Tarquinii, 11 Tarquinius Pris- 
ms the Tullii, 12 Servius Tullius the Octavii, 13 and 
iven Tarquinius Superbus seems to have had simi- 

1. (Fest., s. v. Coelius Mons and Luceres. — Varro, De Ling, 
-.at., iv., p. 17.)— 2. (Tacit., Ann., iv., 65.— Fest., s. v. Tuscum 
/icum.)— 3. {Vid. Gottling, Geschichte der Rom. Staatsv., p. 
51.)— 4. (Dionys., ii., p. 123.)— 5. (Dionys., iii., p. 199.— Liv , 
i., 35.— Cic, De Republ., ii., 20.)— 6. (Dionys., 1. c— Fest., s. v. 
Sex vests sacerdotes. — Niebuhr, Hist, of Rome, i., p. 302, &c.) 
—7. (Compare Niebuhr, i., p. 304, and Gottling, p. 226, &c.)— 
6. (ad Fam., ix., 21.)— 9. (Liv., i., 30.) — 10. (iii-, p. 170.)— 11 
(Dionys., iii., p. 186.)— 12. (Dionys., iv., p. 208.)— 13. (Sueton., 
Octav.. i., <tc.) 



lar intentions. 1 We do not hear tha the number 
of gentes was increased by these admissions, and 
must therefore suppose that some of them had al- 
ready become extinct, and that the vacancies 
which thus arose were filled up with these new 
burghers. 2 During the time of the Republic, dis- 
tinguished strangers and wealthy plebeians were 
occasionally made Roman patricians, e. g., Appius 
Claudius and his gens, 3 and Domitius iEnobarbus.* 
As regards the kingly period, the Roman historians 
speak as if the kings had had the power of raising 
a gens or an individual to the rank of a patrician ; 
but it is evident that *is king could not do this 
without the consent of ae senate and the curies ; 
and hence Livy 5 makes Canuleius say, " per co-op- 
tationem in patres, aut ab regibus lecti," which 
lectio, of course, required the sanction of the body 
of patricians. In the time of the Republic, such an 
elevation to the rank of patrician could only be 
granted by the senate and the populus. 6 

Since there were no other Roman citizens but the 
patricians during this period, we cannot speak of 
any rights or privileges belonging to them exclu- 
sively ; they are all comprehended under Civitas 
(Roman) and Gens. Respecting their relations 
to the kings, see Comitia Cdriata and Senatus. 
During this early period we can scarcely speak 
of the patricians as an aristocracy, unless we re- 
gard their relation to the clients in this light. ( Vid. 
Cliens.) 

Second Period : from the establishment of the ple- 
beian order to the time of Constantine. At the time 
when the plebeians became a distinct class of cit- 
izens, who shared certain rights with the patricians, 
the latter lost in so far as these rights no longer 
belonged to them exclusively. But by far the 
greater number of rights, and those the most im- 
portant ones, still remained in the exclusive pos- 
session of the patricians, who alone were cives op- 
timo jure, and were the patres of the nation in the 
same sense as before. All civil and religious of- 
fices were in their possession, and they continued, 
as before, to be the populus, the nation now consist- 
ing of the populus and the plebes. This distinction, 
which Livy found in ancient documents, 7 seems, 
however, in the course of time, to have fallen into 
oblivion, so that the historian seems to be scarcely 
aware of it, and uses populus for the whole body 
of citizens, including the plebeians. Under the 
Antonines, the term populus signified all the citi- 
zens with the exception of the patricii. 8 In their 
relation to the plebeians or the commonalty, the 
patricians now were a real aristocracy of birth. 
A person born of a patrician family was and re- 
mained a patrician, whether he was rich or poor, 
whether he was a member of the senate or an 
eques, or held any of the great offices of the state 
or not ; there was no power that could make a pa- 
trician a plebeian. As regards the census, he 
might, indeed, not belong to the wealthy classes, but 
his rank remained the same. Instances of reduced 
patricians in the latter period of the Republic are 
the father of M. iEmilius Scaurus, and the family 
of the Sullas previous to the time of the great dic- 
tator of that name. The only way in which a pa- 
trician might become a plebeian was when, of his 
own accord, he left his gens and curia, gave up the 
sacra, &c. 9 A plebeian, on the other hand, or 
even a stranger, might, as we stated above, be 
made a patrician by a lex curiata. But this ap- 
pears to have been done very seldom ; and the 

1. (Dionys., iv., p. 255.— Sueton., Vitell., 1.)— 2. (Gottling, 
p. 222.)— 3. (Liv., x., 8.— Compare Id., ii., 16.— Dionys., v., 308. 
—Sueton., Tib., 1.)— 4. (Suet., Nero, 1.)— 5. (iv., 4.)— 6. (Liv., 
iv., 4 ; x., 8.)— 7. (xxv., 12.)— 8. (Gaius, i., 3.)— 9. (Suet., Oc- 
tav., 2.— 1 iv., iv., 16.— Plin., H. N., xvin., 4. — Zonar., vii., 15 
— Ascon. Petl. in Scaur., p. 25, ec Orr'U ) 

743 



PATRICII. 



PATRICK. 



consequence was, that in the course of a few cen- 
turies the number of patrician families became so 
"apidly diminished, that towards the close of the 
Republic there were not more than fifty such fami- 
lies. 1 Julius Caesar, by the lex Cassia, raised sev- 
eral plebeian families to the rank of patricians, in 
order that they might be able to continue to hold 
the ancient priestly offices which still belonged to 
their order. 2 Augustus soon found it necessary to 
do the same by a lex Saenia. 3 Other emperors 
followed these examples : Claudius raised a num- 
ber of senators, and such persons as were born of 
illustrious parents, to the rank of patricians ;* Ves- 
pasian, Titus, and other emperors did the same. 6 
The expression for this act of raising persons to 
the rank of patricians was in patricios or infamiliam 
■patriciam adligere. 

Although the patricians, throughout this whole 
period, had the character of an aristocracy of birth, 
yet their political rights were not the same at all 
times. The first centuries of this period are an 
almost uninterrupted struggle between patricians 
and plebeians, in which the former exerted every 
means to retain their exclusive rights, but which 
ended in the establishment of the political equality 
of the two orders. (Vid. Plebs.) Only a few in- 
significant priestly offices, and the performance of 
certain ancient religious rites and ceremonies, re- 
mained the exclusive privilege of the patricians, 
of which they were the prouder, as in former days 
their religious power and significance were the 
basis of their political superiority. 6 At the time 
when the struggle between patricians and plebeians 
ceased, a new kind of aristocracy began to arise 
at Rome, which was partly based upon wealth and 
partly upon the great offices of the Republic, and 
the term nobiles was given to all persons whose 
ancestors had held any of the curule offices. (Com- 
pare No vi Homines.) This aristocracy of nobiles 
threw the old patricians, as a body, still more into 
the shade, though both classes of aristocrats united 
as far as was possible to monopolize all the great 
offices of the state ; 7 but, although the old patri- 
cians were obliged in many cases to make common 
cause with the nobiles, yet they could never sup- 
press the feeling of their own superiority ; and the 
veneration which historical antiquity alone can be- 
stow, always distinguished them as individuals 
from the nobiles. How much wealth gradually 
gained the upper hand, is seen from the measure 
adopted about the first Punic war, by which the 
expenses for the public games were no longer given 
from the aerarium, but were defrayed by the 
aediles ; and as their office was the first step to 
the great offices of the Republic, that measure was 
a tacit exclusion of the poorer citizens from those 
offices. Under the emperors the position of the 
patricians as a body was not improved ; the filling 
up of the vacancies in their order by the emperors 
began more and more to assume the character of 
an especial honour, conferred upon a person for his 
good services or merely for personal distinction, so 
that the transition from this period to the third had 
been gradually preparing. 

Respecting the great political and religious priv- 
ileges which the patricians at first possessed alone, 
but afterward were compelled to share with the 
plebeians, see Plebs, and the articles treating of 
the several Roman magistracies and priestly of- 
fices. Compare also Gens, Curia, Senatus. 

In their dress and appearance the patricians 

I (Dionys., i., p. 72.)— 2. (Sueton., Jul., 41.— Tacit., Annal., 
xi., 25.— Dion Cass., xliii., 47 ; xlv., 2.)— 3. (Tacit., 1. c— Dion 
Cass., xlix., 43 .; lii., 42.)— 4. (Tacit., 1. c— Suet., Ota., 1.)— 5. 
(Tacit, Agric, 9.— Capitol., M. Anton., 1.— Lamprid., Commod., 
6.)_f>. (Vid. Ambroses, Studien und Andeutungen, &c, p. 58, 
ice.) — 7. (Liv., xxii., 14 ; xxxix., 41.) 
744 



were scarcer/ distinguished from the rest of tht 
citizens, unless they were senators, curule magis- 
trates, or equites, in which case they wore, like 
others, the ensigns peculiar to these classes. The 
only thing by which they appear to have been dis- 
tinguished in their appearance from other citizens, 
was a peculiar kind of shoes, which covered the 
whole foot and part of the leg, though they were 
not as high as the shoes of senators and curule 
magistrates. These shoes were fastened with four 
strings {corrigia or lora patricia), and adorned with a 
lunula on the top. 1 Festus 2 states that mulleus 
was the name of the shoes worn by the patricians : 
but the passage of Varro which he adduces only 
shows that the mullei (shoes of a purple colour) 
were worn by the curule magistrates. 3 

Third Period: from the time of Constantine to the 
Middle Ages. From the time of Constantine the 
dignity of patricius was a personal title, which con 
ferred on the person to whom it was granted a 
very high rank and certain privileges. Hitherto 
patricians had been only genuine Roman citizens, 
and the dignity had descended from the father to 
his children ; but the new dignity was created at 
Constantinople, and was not bestowed on old Ro- 
man families ; but it was given, without any regard 
to persons, to such men as had for a long time dis- 
tinguished themselves by good and faithful services 
to the Empire or the emperor. This new dignity 
was not hereditary, but became extinct with the 
death of the person on whom it was conferred ; and 
when, during this period, we read of patrician fami- 
lies, the meaning is only that the head of such a fam- 
ily was a patricius.* The name patricius, during this 
period, assumed the conventional meaning of father 
of the empire, 5 and those who were thus distin- 
guished occupied the highest rank among the illus- 
tres ; the consuls alone ranked higher than a pa- 
tricius. 6 The titles by which a patricius was dis- 
tinguished were magnificentia, celsitudo, eminen- 
tia, and magnitudo. They were either engaged in 
actual service (for they generally held the highest 
offices in the state, at the court, and in the prov- 
inces), and were then called patricii prasentales, 
or they had only the title, and Were called patricii 
codicillares or honor arii? All of them, however, 
were distinguished in their appearance and dress 
from ordinary persons, and seldom appeared before 
the public otherwise than in a carriage. The em- 
p&rors were generally very cautious in bestowing 
this great distinction, though some of the most ar- 
bitrary despots conferred the honour upon young 
men, and even on eunuchs. Zeno decreed that no 
one should be made partricius who had not been 
consul, praefect, or magister militum. 8 Justinian, 
however, did away with some of these restrictions. 
The elevation to the rank of patricius was testified 
to the person by a writ called diploma. 9 

This new dignity was not confined to Romans 
or subjects of the Empire, but was sometimes 
granted to foreign princes, such as Odoacer, the 
chief of the Heruli, and others. "When the popes 
of Rome had established their authority, they also 
assumed the rignt of bestowing the title of patricius 
on eminent persons and princes, and many of the 
German emperors were thus distinguished by the 
popes. In several of the Germanic kingdoms the 
sovereigns imitated the Roman emperors and popes 
by giving to their most distinguished subjects the 



1. (Senec, De Tranq. An., 11— Plut., Qutest. Rom., 75.— 
Stat., Sylv., v., 2. 27.— Martial, i , 50 ; ii.,29.)— 2. (s. v. Mulleos.< 
—3. (Compare Dion Cass . liiii., 43.)— 4. (Zosim , ii., 40.— Cas 
siod., Variar.,vi.,2.)— 5. (Aram. Marc, xxix., 2.— Cod. 12, tit 3, 
() 5.)— 6. (Isidor , jx., 4, 1, 3.— Cod. 3, tit. 24, s. 3 ; 12, tit. 3, s 
3)_7. (Cac^iod., viii., 9.— Savaron ad Sidon. Apoll., i., 3.)— 8 
(Cod. 3, tit, 21, s, 3.)— 9. (Sidon Apoll., v., 16.— Suidas, a .. 
Tp'inpaTsiSio v.— Compare Cassiod., vi., 2 ; viii , 21 fcc.) 



PATRONUS. 



PATRONUS 



title of patricius, but these patricii were at all times 
much lower in rank than the Roman patricii, a ti- 
tle of which kings and emperors themselves were 
proud. 1 

PATRIMI ET MATRIMI, also called, Patrimcs 
ct Matnmes, were those children whose parents 
were both alive 2 (matrimes ; called by Dionysius 3 
uptyidakuc;), in the same way as pater patrimus sig- 
nifies a father whose own father is still alive.* 
Servius, 5 howeva.*, confines the term patrimi ct 
matrimi to children born of parents who had been 
married by the religious ceremony called confarre- 
atio : it appears probable that this is the correct 
use of the term, and that it was only applied to 
such children so long <;s their parents were alive. 
We know that the flamines majores "vere obliged 
to have been born of parents who had been mar- 
ried by confarreatio ; 6 and as the children called 
■patrimi ct pmtrimi are almost always mentioned in 
connexion with religious rites and ceremonies, 7 
the statement of Servius is rendered more proba- 
ble, since the same reason which confined the of- 
fice of the flamines majores to those born of pa- 
rents who had been married by confarreatio, would 
also apply to the children of such marriages, who 
would probably be thought more suitable for the 
service of the gods than the offspring of other mar- 
riages. 8 

PATRONOMI (Trarpovo/ioL) were magistrates 
at Sparta, who exercised, as it were, a paternal 
power over the whole state. Pausanias 9 says that 
they were instituted by Cleomenes, who destroyed 
the power of the yepovaia by establishing patronomi 
in their place. The ytpovoia, however, was not 
abolished by Cleomenes, as it is again spoken of 
by Pausanias, 10 and also in inscriptions. The pa- 
tronomi are mentioned by Philostratus 11 among the 
principal magistrates along with the gymnasiarchs 
and ephori ; and their office is also spoken of by Plu- 
tarch. 12 Their number is uncertain; but Bockh 13 
has shown that they succeeded to the powers which 
the ephori formerly possessed, and that the first pa- 
tronomus was the k.-ruvvjiog of the state, that is, gave 
his name to the year, as the first ephor had former- 
ly done. 14 

PATRO'NUS. The act of manumission created 
a new relation between the manumissor and the 
slave, which was analogous to that between father 
and son. The manumissor became, with respect to 
the manumitted person, his patronus, and the manu- 
mitted person became the libertus of the manumis- 
sor. The word patronus (from pater) indicates the 
nature of the relation. If the manumissor was a 
woman, she became patrona ; and the use of this 
word instead of matrona appears to be explained by 
the nature of the patron al rights. Viewed with 
reference to the early ages of Rome, this patronal 
relation must be considered a part of the ancient 
clientela ; but from the time of the Twelve Tables 
at least, which contained legislative provisions gen- 
erally on the subject of patronal rights, we may 
consider the relation of patronus and libertus as the 
•same both in the case of patrician and plebeian 
manumissores. 

The libertus adopted the gentile name of the 
manumissor. Cicero's freedman Tiro was called 
M. Tullius Tiro. The libertus owed respect and 
gratitude to his patron, and in ancient times the pa- 

1. (Rein in Ersch und Grubcr'3 Encyclop., s. v. Patricier.) — 
8. (Festus, s. v. Flaminia.)— 3. (ii., 22.) — 4. (Festus, s. v. Pat.er 
Patr.)— 5. (ad Virg., Georg., 1, 31.)— 6. (Tac, Ann., iv., 16.— 
Gaius, i., 112.)— 7. (Cic, De Har. resp., 11.— Liv., xxxvii., 3. 
— Gell., i., 12.— Tacit., Hist., iv., 53.— Macrob., Saturn., 6.— 
Vopisc., Aurel., 19.— Orelh, Inscr., n. 2270.)— 8. (Rein, das Rom. 
Privatrecht., p. 177. — Gcittling, Geschichtc der Rom. Staatsv., 
p. 90.)-9. (ii., 9, i 1.)— 10. (iii., 11, v 2.)— 11. (Tit. Apoll., iv., 
J2.)— 12. (An seni sit resp. ger., c. 24.) — 13. (Corp. iuscrip., 
tol i. f p 605.)— 14. (Compare Muller, Dor., iii., 7, <> 8.) 

i> B 



tron might punish him in a summary way for neg 
lecting those duties. This obligation extended to 
the children of the libertus, and the duty was due 
to the children of the patron. In later times the 
patron had the power of relegating an ungrateful 
freedman to a certain distance from Rome, a law 
probably passed in the time of Augustus. 1 In the 
time of Nero it was proposed to pass a senatus con- 
sultum which should give a patron the power of 
reducing his freedman to slavery if he misconduct- 
ed himself towards his patron. The measure waa 
not enacted, but this power was given to the patron 
under the later emperors. The lex -^Elia Sentia 
gave the patron a right of prosecuting his freedman 
for ingratitude (ut ingratum accusare*). An ingratus 
was also called libertus impius, as being deficient in 
pietas. 

If the libertus brought an action against the pc 
tronus {in jus vocavit), he was himself liable to a 
special action on the case ; 3 and he could not, as a 
general rule, institute a capital charge against his 
patron. The libertus was bound to support the 
patron and his children in case of necessity, and to 
undertake the management of his property and the 
tutela of his children : if he refused, he was in 
gratus. 4 

If a slave were the property of several masters, 
and were manumitted by all of them, and became a 
Roman citizen, all of them were his patroni. 

The manumissor could secure to himself farther 
rights over his libertus by a stipulatio, or by taking 
an oath from him. The subjects of such agree- 
ments were gifts from the libertus to the patronus 
{dona ct munera) and services {opera). The oath 
was not valid unless the person was a libertus 
when he took it. If, then, he took the oath as a 
slave, he had to repeat it as a freeman, which seems 
to be the meaning of the passage of Cicero in which 
he speaks of his freedman Chrysogonus. 5 These 
operae were of two kinds, officiales, which consisted 
in respect and affection, and fabriles, which are ex- 
plained by the term itself. The officiales determined 
by the death of the patronus, unless there was an 
agreement to the contrary ; but the fabriles, being 
of the nature of money or money's worth, passed 
to the heredes of the patronus like any other prop- 
erty. The patronus, when he commanded the operae 
of his libertus, was said " ei operas indicere or im 
poncre." 6 

The patron could not command any services 
which were disgraceful {turpes) or dangerous to life, 
such as prostitution or fighting in the amphitheatre ; 
but if the libertus exercised any art or calling {arti- 
ficium), even if he learned it after his manumission, 
the operae in respect of it were due to the patron. 

The lex Julia et Papia Poppaea released freedmen 
(except those who followed the ars ludicra, or hired 
themselves to fight with beasts) from all obligation 
as to gifts or operae who had begotten two children 
and had them in their power, or one child five 
years old. 7 

If liberty was given directly by a testament, the 
testator was the manumissor, and his patronal rights 
would consequently belong to his children : if it was 
given indirectly, that is, per fideicommissum, the 
person who performed the act of manumission was 
the patronus. In those cases where a slave ob- 
tained his freedom under the senatus consultum Sila- 
nianum, the praetor could assign him a patronus ; 
and if this was not done, that person was the patron 
of whom the libertus had last been the slave. 8 

The patronal rights were somewhat restricted 



1. (Tacit., Ann., xiii., 26.— Dion, lv., 13.)— 2. (Dig. 40, tit. 9 
s. 30.)— 3. (Gaius, iv., 46.)— 4. (Dig. 37, tit. 14, s. 19.)— 5 (ad 
Att., vii., 2.— Compare Dig. 38, tit. 1,8. 7.)— 6. (Gaius, iv., 162 
—Dig. 38, tit. 2, s. 29.)— 7. (Dig. 38, tit. 1 : De Operis Liberto 
rum, s. 37.)— 8. (Dig. 38, tit. 16, s. 3 1 

745 



ATRONUS. 



PATRONLS. 



when the act of manumission was not altogether 
the free act of the manumissor. For instance, the 
manumissor per fideicommissum had all the patronal 
rights, except the power to prosecute for ingratus, 
the right to be supported by the libertus, and to 
stipulate for munera and operae : his rights against 
the property of the libertus were, however, the 
same as those of any other manumissor. 1 If a 
slave had given money to another person in order 
that this other person might purchase and manumit 
him, the manumissor had no patronal right, and he 
lost even the name of patron, if he refused to per- 
form the act for which he had received the money, 
and allowed the slave to compel him to perform his 
agreement, which the slave could do by a constitu- 
tion of M. Aurelius and L. Verus. 3 If a master 
manumitted his slave in consideration of a sum of 
money, he retained all patronal rights, but he could 
not stipulate for operas. A person who purchased a 
slave, and on the occasion of the purchase agreed 
to manumit him, had all patronal rights except the 
right of prosecuting for ingratitude in case the slave 
compelled him to manumit pursuant to the constitu- 
tion of M. Aurelius and L. Verus. 3 

It was the duty of the patron to support his freed- 
man in case of necessity, and if he did not, he lost 
his patronal rights : the consequence was the same 
»f he brought a capital charge against him. The 
fx JEha Sentia, among its various provisions, con- 
tained several that related to the rights and duties 
of the patron. 

A capitis diminutio, either of the patron or the 
libertus, dissolved the relation between them. (See 
Tacit., Hist., ii., 92, where "jura libertorum" means 
"jura patronorum" or " jura in libertos.") The re- 
lation was dissolved when the libertus obtained in- 
genuitas by the natalium restitutio, but not when 
he merely obtained the jus aureorum annulorum. 
(Vid. Ingenuus.) 

The most important of the patronal rights related 
to the property of liberti who died intestate or hav- 
ing made a testament. 

The subject, so far as concerns the Ante- Justinian 
period, may be distributed under the two following 
heads: 1. The ordinary rules of law, and, 2. the 
extraordinary: the former comprehend the rules of 
the old civil law, and the edict on the bonorum pos- 
sessio ; and the latter, the bonorum possessio con- 
tra tabulas liberti and contra suos non naturales, 
the bonorum possessio contra tabulas libertae, and 
the right to a virilis pars which was given by the 
lex Papia Poppasa. 

By the law of the Twelve Tables, if a freedman 
died intestate without sui heredes, the patronus 
was his heir. This right was viewed as a right of 
agnation. The legitima patronorum tutela was not 
expressly mentioned in the Twelve Tables, but it 
was a legal consequence of the rule as to inherit- 
ance. 4 In the case of an intestate liberta, who 
could not have a suus heres, the patron was heres. 
The senatus consultum Orfitianum, which was 
passed after Gaius wrote, 6 and in the last year but 
one of the reign of M. Aurelius, made an alteration 
in this respect. The passage of Ulpian, 6 which 
was written when this senatus consultum was in 
force, says that, if a liberta died intestate, the pa- 
tron succeeded to her property, because a mother 
could not have sui heredes ; yet Ulpian himself 7 
says that, whether the mother was ingenua or liber- 
tina, the children could succeed to her inheritance 
by the senatus consultum Orfitianum. This appa- 
rent contradiction is removed by the supposition that 

1. (Frag-. Vat., $ 225.— Dig-. 38, tit. 2, s. 29.)— 2. (Dig. 40, tit 
1, s. 4, 5.)— 3. (Dig. 40, tit. 9, s. 30.)— 4. (Ulp., Frag., xi., 3.)— 
5. (iii., 51.) — 6. (Frag., xxix., 2.)— 7. (lib. 12, ad Sabinum. — 
Dig. 38, tii 17, s. 1.) 
746 



the senatus consultum gave the children in such ca- 
ses an equal right with the patron. 

These patronal rights belonged both to a patronus 
and a patrona, and to the liberi of a patronus. 1 The 
male children of the patronus had the same rights 
as the patronus himself; but the females had only 
the rights which the Twelve Tables gave to the 
males, and they had not the bonorum possessio 
contra tabulas testamenti liberti aut ab intestato 
contra suos heredes non naturales, until these rights 
were given them by the lex Papia Poppaea. 8 A dif- 
ficulty which is raised by a passage in Justinian's 
legislation on the patronal rights is discussed by 
Unterholzner. 3 It seems that the children of a pa- 
trona had not, by the Twelve Tables, the same rights 
as the children of a patronus; but the lex Papia 
Poppaea probably made some change in this re- 
spect.* 

In order that these patronal rights should exist, 
it was necessary that the libertus must have been 
made free by a Roman citizen, and have become a 
Roman citizen by the act of manumission. Ac- 
cordingly, if a person obtained the citizenship, it 
was necessary that he should have a special grant 
of the jus patronatus in order that he might have 
patronal rights against his then freedmen, who must 
also, at the same time, become Roman citizens. 5 A 
capitis diminutio, as already observed, either of the 
patron or the libertus, destroyed the patronal rights 
to the inheritance. 6 

If there were several patroni or patron ae, they 
divided the inheritance equally, though their shares 
in the libertus when a slave might have been un- 
equal. These patronal rights resembled a joint- 
tenancy in English law, for the surviver or survi- 
vers of the patroni had all the patronal rights to the 
exclusion of any children of a deceased patronus. 
A son of a patron also claimed the inheritance to 
the exclusion of the grandson of a patron. If the 
patroni were all dead, leaving several children, the 
hereditas was divided among all the children equal- 
ly (in capita), pursuant to the law of succession in 
the case of agnation. 7 

A senatus consultum, which was passed in the 
time of Claudius, allowed a patron to assign his 
patronal rights to the inheritance of a libertus to 
any of his children whom he had in his power, to 
the exclusion of the rest. 8 

The Edict extended the bonorum possessio to 
patroni. The patronal rights of the civil law were 
founded on an assumed agnatio : those of the Edict 
were founded on an assumed cognatio. The Edict 
called to the bonorum possessio of liberti, 1. their 
children ; 2. their heredes legitimi ; 3. their cogna- 
ti, who must, of course, be descendants ; 4. the 
familia of the patronus ; 5. the patronus and pa- 
trona, and their children and parents, by which 
provision was made in case the patronus or patrona 
had sustained a capitis diminutio, and so could not 
be called in the fourth order; 6. the husband or 
wife of the freedwoman or freedman ; 7. the cogna 
ti of the manumissor. 

Originally, if the freedman made a will, h ? could 
pass over (prceterire) the patron. But by the Edict, 
unless he left him as much as one half of his prop 
erty, the patron or his male children could obtain 
the bonorum possessio contra tabulas of one half of 
the property. If the libertus died intestate, leaving 
no suus heres except an adopted child, or a wife in 
manu, or a nurus in the manus of his son, the patron 
had a bonorum possessio of one half against these 
sui heredes. But if the libertus had children of his 



1. (Ulp., Frag., xxvii.)— 2. (Ulp., Frag., xxix., 4, <>.)— 3. (Zeit 
schrift, v., p. 37.)— 4. (Zeitschrift, v., p. 43, &c.)— 5. (Plin., Ep 
x., 6.)— 6. (Gaius, iii., 51.)— 7. (Gaim, iii., 16, 59, &c> - « 
(Dig. 38, tit. 4.) 



PATRONUS. 



PAUPER1ES. 



»wn blood (naturales) either in his power at the 
vime of his death, or emancipated, or given in 
adoption, and if these children were made heredes 
by h's testament, or, being praeteriti, claimed the 
bonorum possessio contra tabulas, the patron had 
no claim on the freedman's property. The patron 
was not excluded if the children of the freedman 
were exheredated. 

By the lex Papia Poppaea, if a freedman had a 
property amounting to a hundred thousand sestertii 
and fewer than three children, the patronus had an 
equal share (virilis pars) with the children, whether 
the freedman died testate or intestate ; and a pa- 
trona ingenua who had three children enjoyed the 
same privilege. Before the lex Papia, patronae had 
only the rights which the Twelve Tables gave them ; 
but this lex put ingenuae patronae who had two chil- 
dren, and libertinae patrona; who had three children, 
on the same footing with respect to the bonorum 
possessio contra tabulas, and with respect to an 
adopted son, a wife in manu, or a nurus in manu 
hlii, as the edict had placed patroni. The lex did 
the same for daughters of the patronus who had 
three children. The lex also gave to a patrona in- 
genua, but not to a libertina, who had three children, 
the same rights that it gave to a patronus. 

According to the old law, as the liberta was in 
the legitima tutela of her patron, she could make no 
disposition of her property without his consent (pa- 
trono auctore). The lex Papia freed a liberta from 
this tutela if she had four children, and she could, 
consequently, then make a will without the consent 
of her patronus, but the law provided that the pa- 
tronus should have an equal share with her survi- 
ving children. 

In the case of a liberta dying intestate, the lex 
Papia gave no farther rights to a patrona who had 
children (liberis honorata) than she had before ; and, 
therefore, if there had been no capitis diminutio of 
the patrona or the liberta, the patrona inherited the 
property, even if she had no children, to the exclu- 
sion of the children of the liberta. If the liberta 
made a will, the lex Papia gave to the patrona, who 
had the number of children required by that law, the 
same rights which the Edict gave to the patronus 
contra tabulas liberti. The same lex gave to the 
daughter of a patrona who had a single child, the 
same rights that the patronus had contra tabulas 
liberti. (Gaius, iii., 53 — a passage which Unter- 
holzner proposes to correct, but on very insufficient 
grounds. 1 ) 

The rules of law as to the succession of the pa- 
tronus to the property of Latini liberti differed in 
various respects from those that have been explain- 
ed. Being viewed as a pecuiium, it had the inci- 
dents of such property. It came to the extranei he- 
redes of the manumissor, but not to his exheredated 
children, in both which respects it differed from the 
property of a libertus who was a civis Romanus. 
If there were several patrons, it came to them in 
proportion to their interests in the former slave, and 
it was consistent with this doctrine that the share 
of a deceased patror.us should go to his heres. The 
senatus consultum Largianum, which was passed in 
the time of Claudius, enacted /that the property of 
Latini should go first to those who had manumitted 
them, then to their liberi who were not expressly 
exheredated, according to proximity, and then, ac- 
cording to the old law, to the heredes of the manu- 
missor. The only effect of this senatus consultum 
was to prefer liberi, who were not expressly e the- 
redated, to extranei heredes. Accordingly, an eman- 
cipated son of the patronus, who was praeteritus, 
and who could not claim the bonorum possessio of 
his father's property contra tabulas testamenti, had 

1. (Zeitschrift, v., 45.) 



a claim to the property of a Latinus p> or to the ex- 
tranei heredes. 

As to the dediticii under the lex iElia Sentia, 
there were two rules. The property of those who 
on their manumission would have become Roman 
citizens, but for the impediments thereto, came to 
their patroni as if they had been Roman citizens : 
they had not, however, the testamenti factio. The 
property of those who on their manumission would 
have become Latini, but for the impediments there- 
to, came to their patroni as if they had been Latini : 
on this Gaius remarks that in this matter the legis- 
lator had not very clearly expressed his intentions 
He had already made a similar remark as to a pro 
vision of the lex Papia. 1 

As to the other meanings of the word patronus, 
see Chens and Orator. 

The subject of the patronatus is one of consider- 
able importance towards a right understanding of 
many parts of the Roman polity. This imperfect 
outline may be filled up by referring to the authori 
ties given in note 3 . 

PAVIMENTUM. (Vid. House, Roman, p. 519.) 

*PAVO (ra6g), the Peacock, or Pavo Cristatus, 
L. " It is impossible to determine with precision 
the epocha of the domestication of the Peacock ; 
we know well, however, that it must have been of 
the remotest antiquity, since the fleets of Solomon, 
in their distant voyages, brought back, every three 
years, to Palestine, peacocks, which are enumerated 
among the riches which the cargoes of these ves- 
sels contained. We are informed by Pliny that the 
orator Hortensius was the first Roman who had a 
peacock killed at his table, when he entertained tire 
College of Pontiffs at a sumptuous banquet. The 
first who bred and fattened peacocks for culinary 
purposes was Aufidius Lurco, who realized by this 
means a revenue of sixty thousand sesterces. This 
was towards the time of the war with the pirates. 
In the feasts of the Emperors Vitellius and-Helio 
gabalus, enormous dishes were frequently served 
up, composed of ragouts of the tongues and brains 
of peacocks. Buffon says that at first they were 
very rare in Europe. At Athens they were exhib 
ited for many years at every festival of the new 
moon as an object of curiosity, and people used to 
run in crowds from the neighbouring towns and 
cities to behold them. This was after the time of 
Alexander; for that monarch, though well acquaint- 
ed with Greece, had never seen them until he 
marched into India, where he found them flying 
wild en the banks of one of the rivers of the Pend- 
jab. Towards the latter end of his reign they had 
so greatly multiplied in Greece, that Aristotle speaks 
of them as perfectly well known in that country." 
The Peacock was sacred to Juno, and was nurtured 
in honour of the goddess, in great numbers^ at her 
temple in Samos. It is represented, also, on the 
coins of this island. According to one explanation, 
the star-bedecked tail of the bird seemed an image 
of the vault of heaven, and hence the Peacock was 
consecrated to Juno Urania as to the Queen of the 
Skies. Others, however, suppose the bird to have 
been held sacred to the goddess, from its announ- 
cing by its cry the changes of weather, &c. 3 

PAUPE'RIE, ACTIO DE. (Vid. Pauperies.) 

PAUPE'RIES was the legal term for mischief 
done by an animal (qvadrupes) contrary to the na- 
ture of the animal, as if a man's ox gored another 

]. (iii., 47.) — 2. (Gaius, iii., 39-76. — Ulpian, Frag-., tit. xxvii., 
xxix.— Dig. 37, tit. 14, 15 ; 38, tit. 1, 2, 3, &c. — Index to Pau- 
lus, Sent. Recept. — For Justinian's legislation, Inst., iii., 8, Arc. 
— TJnterholzner, Ueber das Patronatische Erbrecht, Zeitschri<% 
v., and the article Gens, with the references in Rein, Das Rom. 
Privatrecht, p. 285, and in Walter, Geschichte des Rom. RechtSt 
p. 507-516, and 684-689.) — 3 (Griffith's Cuvier, vol. viii., 1M 
— Walpole's Memoirs, vol. i., p 261.) 

747 



PECUARII. 



PEDUM. 



man. In such cases the law of the Twelve Tables 
gave the injured person an action against the owner 
of the animal for the amount of the damage sustain- 
ed. The owner was bound either to pay the full 
amount of damages, or to give up the animal to the 
injured person (noxoe dare). Pauperies excluded the 
notion of injuria ; it is defined to be " damnum sine 
injuria facientis factum," for an animal could not be 
said to have done a thing " injuria." The actio de 
pauperie belonged to the class of noxales actiones. 1 

PAUSA'RII was the name given to the priests 
of Isis at Rome, because they were accustomed, in 
the processions in honour of Isis, to make pauses 
(pausa:) at certain chapels or places, called mansio- 
nes, by the road's side, to sing hymns and perform 
other sacred rites. 2 

The portisculus, or commander of the rowers in 
a vessel, was sometimes called pausarius, 3 because 
the rowers began and ceased (pausa) their strokes 
according to his commands. (Vid. Portisculus.) 

*PAUSTA, a species of Olive. Virgil calls its 
berry bitter, because it was to be gathered before 
it was quite ripe, it having then a bitter or austere 
taste.* 

PECHYS (rofavc). (Vid. Cubitus.) 

PECTEN (terete), a Comb. The Greeks and 
Romans used combs made of boxwood, 5 which 
they obtained, as we do, from the shores of the Eux- 
ine Sea. The mountain ridge of Cytorus, in Galatia, 
was particularly celebrated for this product. 6 ( Vid. 
Buxum.) The Egyptians had ivory combs, 7 which 
also came into use by degrees among the Romans. 8 
The golden comb ascribed to the goddesses is, of 
course, imaginary. 9 The wooden combs found in 
Egyptian tombs are toothed on one side only ; but 
the Greeks used them with teeth on both sides, as 
appears from the remains of combs found at Pom- 
\>eii, 10 and from the representation of three combs, 
exactly like our small-tooth combs, on the Amyclae- 
an marbles. 11 

The principal use of the comb was for dressing 
the hair, 12 in doing which the Greeks of both sexes 
were remarkably careful and diligent. 13 (Vid. Coma, 
p. 293.) To go with uncombed hair was a sign of 
affliction. 1 * The use of the comb in cutting the hair 
is alluded to by Plautus. 15 

A comb with iron teeth was used in cornfields, 
to separate the grain from the straw while it was 
yet standing. 16 This method of reaping was called 
peclinare segetem. A painting in the sepulchral 
grotto of El Kab, in Egypt, represents a man comb- 
ing flax for the purpose of separating the linseed 
from the stem. The rake used in making hay is 
called rarus pecten, 17 because its teeth are far apart ; 
but this may be only a poetical use of the term. 

Two portions of the Greek lyre were called the 
combs ; 18 they may have been two rows of pegs, to 
which the strings were tied. In a figurative or met- 
aphorical sense, the term was applied to the fingers 
of a man 19 and to the ribs of a horse. 30 The use of 
the comb in weaving, and the transference of its 
name to the plectrum, are explained under Tela. 

PECUA'RII were a class of the publicani who 
farmed the public pastures (pecua publico 21 ). 



1. (Dig. 9, tit. 1.) — 2. (Oreili, Inscr., n. 1885. — Spartian., 
Pescenn. Nig , 6. — Caracall., 9. — Salm. ad loc.) — 3. (Sen., Ep., 
56.)— 4. (Maityn ad Virg., Georg., ii., 86.) — 5. (Brunck, Anal.j 
ii., 221.— Ovid, Fast., vi., 23.— Mart., xiv.,25.)— 6. (Ovid, Met., 
iv., 311.)— 7. (Apul., Met., xi., p. 121, ed. Aldi.)— 8. (Claudian, 
De Nupt. Honor., 102.)— 9. (Callim. in Lav. Pall., 31.) — 10. 
iDonaldson's Pompeii, vol. ii., pi. 78.) — 11. (Memoirs relating 
to Turkey, edited by Walpole, p. 452.) — 12. (Ovid, Amor., I., 
xiv., 15.— Id., Met., xii.. 409.)— 13. (Herod., vii., 208. — Scrabo, 
x., 3, t) 8.)— 14. (Soph., (Ed. Col., 1257.)— 15. (Capt., II., ii., 18.) 
—16. (Col., De Re Rust., ii., 21.) — 17. (Ovid, Rem. Amor., 192.) 
—18. (Eratosth.. Cataster., 24.) — 19. (^Eschyl., Agam., 1584.) 
— 20. (Oppian, Cyneg , i., 296.) — 21. (Pseudo-Ascon. in Cic., 
Dj*. Verr., p. US ed. Orelli.— Liv., x., 47 ; xxxiii., 42.) 
748 



PECULA'TUS is properly the misappropriatiou 
or theft of public property. Labeo defines it thus : 
"pecuniae publico, aut sacrce furtum, non ab eo factum, 
cujus periculo est." The person guilty of "this of- 
fence was peculator. Cicero 1 enumerates pecula- 
tors with sicarii, venefici, testamentarii, and fures. 
The origin of the word appears to be pecus, a term 
which originally denoted that kind of movable prop- 
erty which was the chief sign of wealth. Original- 
ly trials for peculatus were before the populus or 
the senate. 2 In the time of Cicero, matters of pec- 
ulatus had become one of the quaestiones perpetual, 
which imply some lex De Peculatu, and such a lex 
is by some writers enumerated among the leges 
Sullanae, but without stating the authority for this 
assertion. Two leges relating to peculatus are cited 
in the Digest, lex Julia Peculatus and lex Julia de 
Residuis , 3 but these may be the same lex, though 
quoted as two leges, just as the lex Julia de Adul- 
teriis comprised a provision De Fundo Dotali, which 
chapter is often quoted as if it were a separate lex. 
Matters relating to sacrilege were also comprised 
in the lex Julia Peculatus (ne quis ex pecunia sacra, 
religiosa publicave auferat, &c.) ; matters relating to 
the debasement of the coinage ; the erasing or can^ 
celling of tabulae publicae, &c. The lex de Residuis 
applied to those who had received public money for 
public purposes, and had retained it (apud quern pe- 
cunia publica resedit). The penalty under this lex, 
on conviction, was a third part of the sum retained. 
The punishment, which under the lex Julia Pecula- 
tus was originally aquae et ignis interdictio, was 
changed into deportatio : the offender lost all his 
rights, and his property was forfeited. Under the 
Empire sacrilege was punished with death. A 
" sacrilegus" is one who plunders public sacred pla- 
ces. 

PECU'LIO, ACTIO DE. (Vid. Servus.) 

PECU'LIUM. (Vid. Servus.) 

PECU'LIUM CASTRENSE. (Vid. Patria Po- 

TESTAS, p. 742.) 

PECU'NIA. (Vid. JEz, Argentum, Aurum.) 

PECU'NIA. (Vid. Heres, Roman, p. 497.) 

PECU'NIA CERTA. (Vid. Obligations, page 
673.) 

PEDA'NEUS JUDEX. (Vid. Judex Pedaneus.) 

PEDA'RII. (Vid. Senatus.) 

PE'DICA, formed from pes on the same analogy 
with Manica (nepioKEALc, Ion. et Att. nedy*), a fetter, 
an ankle-ring. 

Fetters were worn for the sake of restraint by lu- 
natics, 8 criminals, and captives, 6 and by horses in- 
stead of a halter. 7 Another kind of fetter was the 
noose (laqueus currax 6 ) used to catch birds, which 
was the appropriate employment of winter. 9 For 
the sake of ornament, fetters or ankle-rings were 
worn by females. (Vid. Periscelis.) 

PEDI'SEQUI were a class of slaves, whose duty 
it was to follow their master when he went out of 
his house. This name does not appear to have been 
given to any slave who accompanied his master ; 
but the pedisequi seem to have formed a special 
class, which was almost the lowest of all. 10 There 
was a similar class of female slaves, called pedise- 



ii 



qua. 

PEDUM (Kopvvn, layo661oc li ), a Crook. Its 
curved extremity was used by the shepherds to lay 
hold of the sheep or goats, principally by their legs, 
so as to preserve them from running into danger, or 

1. (Off., iii., 18.) — 2. (Liv., v., 32 ; xxxvii., 57 ; xxxviiv , 54.) 
—3. (Dig. 48, tit. 13.) —4. (Maeris, Attic.) —5. (Mark, v., 4.— 
Luke, viii., 29.)— 6. (Herod., i., 86-90 ; iii., 23 ; v., 77. — Xen, 
Anab., iv., 3, i) 8.)— 7. (Horn., II., xiii., 36.) — 8. (Gratius, Cy- 
neg., 89.)— 9. (Virg., Georg., i., 307.) — 10. (Nep., Attic, 13.— 
Plaut., Mil. Glor., IV., ii., 18.)— 11, (Plaut., Asin, I., iii., 3L— 
Compare Becker, Callus, i., p. 101.) — 12. (Tfeeoorit , vii, 43 
128.) 



PEGMA. 



PELLIS. 



to rescue them when they were in want of assist- 
ance. 1 The accompanying woodcut is taken from 
a painting found at Civita Vecchia. 3 Tt shows the 
crook in the hand of a shepherdess, who sits upon a 
rock, tending sheep and other cattle. (See also 

«"OOdCUt tO OsCILLUM ) 




The herdsman also used a crook, but less curved, 
with a heavy head, and hence called naXavpoip ; he 
threw it at any of the herd which strayed from the 
rest. 1 

On account of its connexion with pastoral life, 
the crook is continually seen in works of ancient 
art in the hands of Pan,* and of satyrs, fauns, and 
shepherds. It was also the usual attribute of Tha- 
lia, as the muse of pastoral poetry. 5 

*PEG'ANON (nqyavov), the herb Rue. The two 
species described by Dioscorides are, in all proba- 
bility, the Ruta montana and horlensis, the Mountain 
and Garden Rue. Linnaeus named the former the 
Peganum harmala. Schneider thinks that the tctj- 
yavov of Theophrastus applies to the Ruta graveo- 
kns and montana. 6 

PEGMA (irrjyfta), a Pageant, i. c, an edifice of 
wood, consisting of two or more stages (tabulata), 
which were raised or depressed at pleasure by means 
of balance- weights (ponderibus reductis 1 ). These 
great machines were used in the Roman amphithe- 
atres, 8 the gladiators who fought upon them being 
called pegmares. 9 They were supported upon 
wheels, so as to be drawn into the circus, glittering 
with silver and a profusion of wealth. 10 At other 
times they exhibited a magnificent though danger- 
ous 11 display of fireworks. 12 Accidents sometimes 
happened to the musicians and other performers 
who were carried upon them. 13 When Vespasian 
and Titus celebrated their triumph over the Jews, 
the procession included pageants of extraordinary 
magnitude and splendour, consisting of three or four 
stages above one another, hung with rich tapestry, 
and inlaid with ivory and gold. By the aid of vari- 
ous contrivances, they represented battles and their 
numerous incidents, and the attack and defence of 
the cities of Judaea. 1 * 

The pageant was ?lso used in sacrifices. A bull 
having been slain on one of the stages, the high- 
priest placed himself below, in a cavern, so as to re- 
ceive the blood upon his person and his garments, 
and in this state he was produced by the flamines 
befoie the worshippers. 15 

The pegmata mentioned by Cicero 16 may have 
been movable bookcases. 



1. (Vjrg., Buc, v., 88. — Servius ad loc. — Festus, s. v.) — 2. 
(Ant. d'Ercolano, t. iii., lav. 53.)— 3. (Horn., II., xxiii., 844-846. 
— Eustath. ad loc— Apoll. Rhod.. jr., 974.)— 4. (Sil. Ital., Pun., 
mi., 334.) — 5. (Combe, Anc. Marbles of Br. Museum, part iii., 
ol. 5.)— 6. (Theophrast., H. P., i., 3 —Adams, Append., s. v.)— 
i. (Claudian, De Mallii Theod. Cons., 323-328. — Sen., Epist., 
69.)— 8. (Juv., iv., Ml.— Mart., i., 2,2.— Sueton., Claud., 34.)— 
9 (Calig.,26.)— 10.(Flin., K. N.,xxxiii., 3, s. 16.)— li. (Vtmnc., 
Cann., 15.) — 12. (Claudian, 1. c.) — 13. (Phsedr., v , 7, T )— 14. 
(Joseph., Bell. Jud., vii., 24.)— 15. (iVadont., Peristeph. Horn. 
Mart., 1008-1052.)— 16 (ad Alt., iv., 8.) 



♦PE'LAMYS (7r^a/tvf), a species of Scomber oj 
Thunny. According to Pallas, the irr]Aa/u.ig men- 
tioned by Strabo as a fish of the Black Sea, is tho 
Mugil cephalus, Linn. A species of nrjAajivc: is at 
the present day denominated Palymede by the fish- 
ermen at Marseilles. T-.ie aapda was a pickle made 
from the Trij'Aa/j.vc;. 1 

*PELARGUS (iriAapyog), the common Stork, or 
Ciconia alba, Belon, the same as the Ardea Ciconia. 
L. Aristotle errs in making the Stork a hyberna- 
ting bird. TElian and Pliny state, more correctly, 
that it migrates like the Crane. (Vid. Ciconia.) 3 

PELA'TAI (TreMrai) are defined by Pollux 3 and 
other authorities to be free labourers working for 
hire, like the -&^tec, in contradistinction to the He- 
lots and Penestae, who were bondsmen or serfs. 
having lost their freedom bv conquest or otherwise. 
Aristotle* thus connects their name with r,k\ar -. 
liO^arai, he says, from izslag, olov syyiora 6iu ttev'i- 
av TzpooiovTec: : i. e., persons who are obliged by 
poverty to attach themselves to others. Timseus* 
gives the same explanation : HeMrr/c;, 6 dvrl rpobttv 
virnpsruv Kal TrpoG7reAu£wv. In the later Greek wri- 
ters, such as Dionysius of Halicarnassus and Plu- 
tarch, the word is used for the Latin cliens, though 
the relations expressed by the two terms are by no 
means similar. Plutarch 6 also uses the word rath- 
er loosely for Helots ; and we are told of a nation of 
Illyrians (the Ardiaei) who possessed 300,000 pros- 
pelatas, compared by Theopompus 7 with the Helots 
of Laconia. 8 

♦PEL'ECAN (tzeaekuv), the Pelican, called also, 
in Greek, -keaekIvoc.. It is the Onocrotalus of Pliny, 
and hence its scientific name of Pelccanus Onocrotn- 
lus. The Greek name is derived from the axe- 
shaped bill of the bird {tzeaekvc, " an axe"). 9 

♦PELECI'NUS (tteaekcvoc), a plant, which Stack- 
house and Sprengel refer to the Coronilla securida- 
ca, or Joint-plodded Colutea. Dioscorides enumer 
ates the tteaekIvoc. among the synonymes cf the 
Hedysarum (?j6vaapov). 10 

*II. (nnAsKivor), a plant, the Biserrula Pelecinus 
Stackhouse, however, makes it the same with the 
preceding. 11 

*PELEIAS (KEAEidc), the Rock Dove or Stock 
Pigeon, the Columba livia, Brisson. It is particu 
larly timid, and hence Homer gives it the epithet of 
rprjpoiv} 2 

PELLEX. (Vid. Concubina, Roman.) 

PELLIS {dip/ia, dopd), the hide or skin of a quad- 
ruped. 

Before weaving was introduced into Europe, 
there is reason to believe that its inhabitants were 
universally clothed in skins. The practice contin- 
ued among the less civilized nations, 13 and is often 
ascribed by tbe poets to heroes and imaginary be- 
ings. The following is an enumeration of the skins 
which were thus employed either in fiction or in 
real life : 1. The lion's skin (aeovtt)). The story of 
the Nemean lion may have been founded in fact. 
The existence of these animals in Northern Greece, 
Thessaly, and Macedonia, is attested by Herodotus 1 * 
and Aristotle ; 15 and that they were comparatively 
abundant in Asia Minor is manifest from the de- 
scriptions in the Homeric poems. Hence Agamem- 
non, preparing to walk out from his tent by night, 
puts on, instead of a blanket (vid. Pallium), the 
hide of a great lion, while Menelaus clothes himself 

1. (.Elian, N. A., xv., 10.— Aristotle, H. A., v., 9.)— 2. (Ans- 
tot., H. A., viii., 5. — Adams, Append., s. v.) — 3. (iii., 82.) — 4 
(ap. Phot., s. v. n&drai.)— 5. (Lex. Plat., s. v.)— 6. (Ages., c. 
6.)— 7. (ap. Ath., vi., 271, d., e.)—8. (Miiller, Dor., iii., 4, t> 7. 
— Wachsmuth, I., i., p. 322.)— 9. (Aristot., H. A., viii., 14.— Id. 
ib., ix., 11.) — 10. (Theophrast., II. P., ix-, 13. — Adams, Append., 
s. v.) — 11. (Theophrast., H. P., viii., 8 )— 12. (Horn., II., xxii., 
140.— Adams, Append., s v.)— 13. (Virg , Georg., iii., 383.— Ta- 
cit., Germ., 17, 46.— Ovid, Thst., iii., 10, 19.)— 14. (vii., 126.) 
—15. (H. A., vi., 31.) 

749 



PELLIS. 



PELTA. 



H that of a leopard. 1 For this purpose the claws 
cf the lion were carefully retained, and sometimes 
covered with thin plates of gold. 2 The manner of 
v/earing the skin is described in the article Arma, 
p. 93. 3 2. The skin of the tigress was worn in the 
same manner as the lion's, covering the back from 
head to foot,* and with the claws gilded. 5 3. The 
leopard's or panther's skin (napdalfj) is represented 
in the Iliad as worn, not only by Menelaus as above 
quoted, but by Paris, who adorns himself with it in 
She day, and in sight of the two armies. 6 It is also 
attributed to Jason. 7 It was greatly admired on 
account of its spots, and was thrown over the left 
shoulder like a pallium. 8 (Vid. Dionysia, p. 365.) 
The high-priest of the Egyptians wore a leopard's 
skin on grand occasions. 9 4. Pan wore the skin of 
the lynx. 10 5. The wolfskin (Xvktj) seems to con- 
stitute the dress of Amphiaraus, who is the middle 
figure in the woodcut at p. 719. It was adopted as 
a defence from the nightly cold by Dolon. 11 6. The 
foxskin is attributed only to barbarous nations, 
such as the Scythae. 12 7. The ermine derives its 
name from Armenia, with which country the an- 
cients, especially the Ionians, carried on a trade in 
furs. Ermine skins were greatly admired for their 
delicacy and softness, and were taken to Persia to 
make robes for the grandees by being sewed to- 
gether. 13 8. The doeskin, worn by Pan over his 
feft side. 1 * (Vid. Nebris.) 9. The bear's skin was 
constantly worn instead of the blanket (xkalva) by 
Ancaeus, one of the Argonauts. 15 10. The bull's 
hide was employed in like manner (vid. Arma, p. 
93), especially that of the young bull (juvencus 16 ). 
11. The goatskin (aiyle, vdnoc) is mentioned, not 
only as the attribute of divine and mythological be- 
ings 17 (vid. vEgis), but as the common clothing of 
the goatherd 18 and the labouring man. 19 Neverthe- 
less, the language of Varro 20 implies that his coun- 
trymen had ceased to clothe themselves in goat- 
skins, which were abandoned to the less refined in- 
habitants of Getulia and Sardinia. The uncouth 
goatskin garment of the Sardinians was called 
maslruca. The term ocavpa or ciovpva denoted an 
article of domestic furniture, which was made by 
sewing together several goatskins with the hair 
on. 21 12. The sheepskin (bta, vanoe, dupdepa) was 
worn not only by the Lacedaemonian Helots, but fre- 
quently by the laborious poor, as is still the case in 
many parts of Europe. The lambskin was called 
upvantg, and a dress, supposed to have had a sheep- 
skin sewed to it below, kcituvuhtj. 

The preceding statement shows that, as civiliza- 
tion advanced among the Greeks and Romans, the 
use of hides for clothing was gradually abandoned, 
the pallium or blanket being substituted for them, 
and worn very much after the same fashion. Skins, 
however, continued to be used as coverings for 
beds and couches, 32 and as clothing for slaves and 
the poor, especially in the country. The northern 
nations of Europe retained the use of them in the 
highest ranks of society 23 (pellita Getarum curia 2 *), 
while the Greeks and Romans constantly regarded 
it as a sign of rusticity and savage barbarism to be 
so clothed. Hence it was matter of censure and 



indignation when Rufinus, prime minister of the 



Emperor Honorius, first occupied the seat of jus 
tice in a furred robe (mcerent captives pellito judici 
leges 1 ). Nevertheless, the taste which now pre- 
vails for the beautiful furs of the north of Europe 
and Asia, as is shown by Mr. Aikin in his admira 
ble essay on this subject, 2 made at this time a rapid 
progress throughout the Roman Empire. 

♦PELO'RIAS (nelupiae or -ic), "a testaceous 
fish, of the genus Chaura. Athenseus says it is so 
called from TreXupiog, as indicating its great size 
Casaubon, however, contends that the name is de 
rived from Pelorus, the Sicilian promontory. Its 
French name is P clour de." 

PELTA (ne2,T7}), a small Shield. Iphicrates, ob 
serving that the ancient Clipeus was cumbrous and 
inconvenient, introduced among the Greeks a much 
smaller and lighter shield, from which those who 
bore it took the name of peltasice. 3 (Vid. Arma, p 
94 ; Army, p. 99.) It consisted principally of a 
frame of wood or wickerwork,* covered with skin 
or leather, without the metallic rim. ( Vid. Antyx.) 5 
Light and small shields of a great variety of shapes 
were used by numerous nations before the adoption 
of them by the Greeks. The round target (vid 
Cetra) was a species of the pelta, so that the an 
cient Spaniards were all, as Strabo says, 6 peltastae 
The pelta is also said to have been quadrangular. 7 
The Mosynceci, on the southern shore of the Euxinc 
Sea, used pelta? (yeppa) made of the hides. of white 
oxen with the hair on, and in shape resembling an 
ivy-leaf. 8 A light shield of similar construction 
was part of the national armour of Thrace 9 and of 
various parts of Asia, and was, on this account, at- 
tributed to the Amazons, in whose hands it appears 
on the works of ancient art sometimes elliptic, as 
in the bronzes of Siris (woodcut, p. 598), and at 
other times variously sinuated on the margin, but 
most commonly with a semicircular indentation on 
one side (lunatis peltis 10 ). An elegant form of the 
pelta is exhibited in the annexed woodcut, taken 
from a sepulchral urn in the Capitoline Museum at 
Rome, and representing Penthesilea, queen of the 
Amazons, in the act of offering aid to Priam. 





Notwithstanding the general absence of metal, 
the pelta was sometimes orn amented. 1 *■ That borne 



1. (Claudian in Rufin., ii., 82-86)— 2. (Illustrations of Art* 
and Manufactures, Lond., 1841, p. 130, 131.) — 3. (Diod. Sic, 
XVm 44._Corn. Nep., Iphic, i., 3.)— 4. (Xen., Anab., ii., 1, $ 6.* 
—5. (Timseus, Lex. Plat., s. v.) — 6. (hi., 3, p. 436, ed. Sieber 
kees.)— 7. (Schol. in Thuoyd., ii., 29.)— 8. (Xen., Anab., 4, $ 12, 
— Plin., H. N., xii., 5, 11.) — 9. (Thucyd., ii., 29. — Eurip., Al- 
cest., 516.— Id. Rhes., 407.— Max. Tyr., Diss., vii.) — 10 (Vjvg.. 
JEu., i., 490 ; xi 663.)— 11 (Virg. . Mn.. vii.. 743.) 



PENTATHLON. 



PENTATHLON. 



by Telamon in the attack on the Calydonian boar 
was adorned with a golden eagle. 1 

*PE'NELOPS (7T7}viXoip), the Anas Penelops, or 
Widgeon. (Vid. An vs.) 

PENE'STAI (Treviorai), probably from Triveadai, 
operari.* The Penestae of Thessaly are generally 
conceived to have stood in nearly the same relation 
to their Thessalian lords as the Helots of Laconia 
did to the Dorian Spartans, although their condition 
seems to have been, on the whole, superior. 3 They 
were the descendants of the old Pelasgic or JSolian 
inhabitants of Thessaly proper, and the following 
account is given of them by an author called Ar- 
chemachus, in his Euboica.* " The vEolian Boeo- 
tians who did not emigrate when their country, 
Thessaly, was conquered by the Thessalians, 5 sur- 
rendered themselves to the victors on condition 
that they should not be carried out of the country 
(whence, he adds, they were formerly called Mevea- 
rai, but afterward Ueviarai) nor be put to death, 
but should cultivate the land for the new owners 
of the soil, paying, by way of rent, a portion of the 
produce of it : and many of them are richer than 
their masters." They were also called Adrpetc- It 
appears, then, that they occupied an intermediate 
position between freemen and purchased slaves, 
being reduced to servitude by conquest, and resem- 
bling, in their fixed payments, the 'E/cr^dptoi of 
Attica. Moreover, they were not subject to the 
whole community, but belonged to particular houses, 
whence also they were called QeacaTiomeTac. They 
were very numerous, for instance, in the families 
of the Aleuadae and Scopadae. 6 We may add, that 
among the Thessalian Penestae Theopompus in- 
cludes the descendants of the conquered Magnesians 
and Perrhaebians, 7 a statement which can only ap- 
ply to a part of these nations, as, though reduced to 
dependance, they were not made entirely subject. 8 

From a passage in Demosthenes, 9 it appears that 
the Penestae sometimes accompanied their masters 
to battle, and fought on horseback, as their knights 
or vassals : a circumstance which need not excite 
surprise, as Thessaly was so famous for cavalry. 
The Penestae of Thessaly also resembled the Laco- 
n:an Helots in another respect, for they often rose 
up in arms against their lords. 10 There were Pe- 
nestae among the Macedonians also. 11 

PENETRA'LE. (Vid. Templum.) 

*PE'NIA (7TT}via), an insect noticed by Aristotle, 
which Schneider suggests may have been the Pha- 
Uzna gcomctrica. 12 

PENICILLUS. (Vid. Painting, p. 702.) 

PENTACOSIOMEDIMNI. (Vid. Census.) 

PENTALTTHOS (irevTufaOoc). (Vid. Gymna- 
rfii'M, p. 483.) 

•PENTAPHYLLON (Tzev-dyvllov). " We may 
be certain," says Adams, " that we are not far from 
the truth in setting this down for the Tormentilla 
officinalis, or common Tormentil, although the re- 
semblance between it and its cognate genus, the Po- 
tentilla, be so great, that, in all probability, the an- 
cients sometimes applied the same name to both. 13 

PENTATHLON (irevradlov, quinquertium) was, 
next to the pancratium, the most beautiful of all 
athletic performances. 1 * It does not appear to have 
been known in the heroic ages of Greece, although 
Apollodorus, 15 according to the usual practice of la- 
ter times, describes Perseus as killing Acrisius in 

I. (Eurip, Melea?. Fr., 3.)— 2. (Dionys. Hal., ii., 9.) — 3. 
tPlat., Leg., vi., p. 776.)— 4. (Athen., vi., p. 264.)— 5. (Compare 
Tbucyd., i., 12.)— 6. (Theoc., xvi., 35.— Muller, Dor., iii., 4, 6.) 

7. (Athen., vi., p. 265.)— 8. (Herod., viii., 132.— Muller, 1. c.) 
—9. (c. Arist., 687, 1.)— 10. (Aristot.. Pol., ii., 6.)— 11. (Muller, 
1. c. — Wachsmnth, I., i., 168. — Thirlwall, Hist, of Greece, i., 
437.— Clinton, Fast. Hell., App., c. 22.)— 12. (Aristot., H. A., v., 
17.)— 13. (Theophrast., H. P., ix., 13.— Dioscor., ir., 42.— Adams, 
Append., s. v.)— 14. (Herod., «. 33— Paus., iii., 11, 6.)— 15. 
(u . 4. M.) 



the pentathlon, and although its invention was ai 
tributed to Peleus. 1 These accounts are fabulous ; 
the pentathlon was not practised until the tima 
when the great national games of Greece began tN 
flourish. The persons engaged in it were called 
pentathli (irivTadAo^). The pentathlon consisted 
of five distinct kinds of games, viz., leaping (a/.pa.), 
footrace (dpo/xoc), the throwing of the discus (dickog), 
the throwing of the spear (clyvvvoc or ukovtic), 
and wrestling (irdXrj),' which were all performed in 
one day and in a certain order, one after the other, 
by the same athletae* The pentathlon was intro- 
duced in the Olympic games in 01. 18, and we may 
presume that soon after this it was also introduced 
at the other national games, as well as at some of 
the less important festivals, such as the Erotidia in 
Thespiae. 5 

The order in which the different games of the 
pentathlon followed one another has been the sub- 
ject of much discussion in modern times. The 
most probable opinion, however, is Bockh's, 6 which 
has been adopted by Dissen, Krause, and others, 
although G. Hermann has combated it in a little 
work called De Sogenis JEginetce. victoria quinqucrt., 
Lipsiae, 1822. The order adopted by Bockh is as 
follows: 1. The alfia. This was the most promi- 
nent part of the pentathlon, and was sometimes 
used to designate the whole game. It was accom- 
panied by flute-music. 7 Other writers, as Pausa- 
nias himself, 8 and Plutarch, 9 speak as if the whole 
pentathlon had been accompanied by the flute, but 
in these passages the whole game seems to be men- 
tioned instead of that particular one which formed 
the chief part of it. 2. The footrace. 3. The dis- 
cus. 4. The throwing of the spear. 5. Wrestling. 
In later times, probably after 01. 77, the footrace 
may have been the fourth game instead of the sec- 
ond, so that the three games which gave to the 
pentathlon its peculiar character, viz., leaping, dis- 
cus, and the spear, preceded the footrace and wrest- 
ling, and thus formed the so-called rptayfioc. The 
footrace of the pentathlon was probably the simple 
stadion or the diaulos, and not a race in armour, as 
has been supposed by some ; for the statues of the 
victors in the pentathlon are never seen with a 
shield, but only with the halteres ; besides which, it 
should be remembered that the race in armour was 
not introduced at Olympia until 01. 65, 10 while the 
pentathlon had been performed long before that 
time. It is, moreover, highly improbable that even 
after 01. 65 the race in armour should have formed 
a part of the pentathlon. In 01. 38 the pentathlon 
for boys was introduced at Olympia, but it was only 
exhibited this one time, and afterward abolished. 11 

In leaping, racing, and in throwing the discus or 
spear, it was easy enough to decide who won the 
victory, even if several athletae took part in it and 
contended for the prize simultaneously. In wrest- 
ling, however, no more than two persons could be 
engaged together at a time, and it is not clear how 
the victory was decided if there were several pairs 
of wrestlers. The arrangement probably was, that 
if a man had conquered his antagonist, he might be- 
gin a fresh contest with a second, third, &c., and he 
who thus conquered the greatest number of adver- 
saries was the victor. It is difficult to conceive in 
what manner the prize was awarded to the victor in 
the whole pentathlon ; for an athletae might be con- 
quered in one or two games and be victorious in the 
others, whereas it can have occurred but seldom 

1. (Schol. ad Pind., Nem., vii., 11.) — 2. (Herod., ix., 75.- 
Paus., i., 29, t> 4.)— 3. (Schol. ad Plat., Amat., p. 135.— Simoni- 
des in Anthol. Palat., torn, ii., p. 626, ed. Jacobs.)— 4. (Schol. 
ad Soph., El., 691.— Paus., iii., 11, t) 6.)— 5. (Bockh, Cor. Inscr ., 
n. 1590.)— 6. (Comment, ad Pind., Nem., vii., 71 , &c.)— 7. (Paus.. 
v., 7, t> 4. -Id., v., 17, $ 4.)— 8. (vi., 14, 4 5.)— 9. (De Mu*., c 
8«.)— 10 (Paus., v., 8, t) 3.)— 11. (Paus.. v., 9, v 1.) 

75 J 



PENTEOOSTE. 



PEPLUM. 



tnat one and the same man gained the victory in 
all the five. Who of the pentathli, then, was the 
victor'? Modern writers have said that the prize 
was either awarded to h.m who had heen victorious 
m all the five games, or to the person who had con- 
quered his antagonist in at least three of the games ; 
but nothing can be determined on this point with 
any certainty. That the decision as to who was to 
be rewarded was considered difficult by the Greeks 
themselves, seems to be implied by the fact that at 
Olympia there were three hellanodicae for the pen- 
tathlon alone. 1 

As regards the rpcayfiog mentioned above, sever- 
al statements of ancient writers suggest that the 
whole of the pentathlon was not always performed 
regularly, and from beginning to end ; and the 
words by which they designate the abridged game, 
Tpiayfxog, aKorpLa^eiv, and rpicl Trsptslvat, lead us to 
suppose that the abridged contest only consisted of 
three games, and most probably of those three 
which gave to the pentathlon its peculiar character, 
viz., leaping, and throwing the discus and the spear. 3 
The reason for abridging the pentathlon in this man- 
ner may have been the wish to save time, or the 
circumstance that athletse who had been conquered 
in the first three games were frequently discouraged, 
and declined continuing the contest. When the 
triagmos was introduced at Olympia is not men- 
tioned anywhere, but Krause infers, with great 
probability, from Pausanias, 3 that it was in 01. 77. 

The pentathlon required and developed very great 
elasticity of all parts of the body, whence it was 
principally performed by young men ;* and it is 
probably owing to the fact that this game gave to 
all parts of the body their harmonious development, 
that Aristotle 5 calls the pentathli the most hand- 
some of all athletae. The pentathlon was, for the 
same reason, also regarded as very beneficial in a 
medical point of view ; and the Elean Hysmon, who 
had, from his childhood, suffered from rheumatism, 
was cured by practising the pentathlon, and became 
one of the most distinguished athletse. 6 (Compare 
(jr. Fr. Philipp, De peutathlo sive quinquertio commen- 
tatio, Berlin, 1827. — Krause, Gymnastik und Agon- 
islik der Hellenen, p. 476-497.) 

1TENTHK02TH', a duty of two per cent, levied 
upon all exports and imports at Athens. 7 Thus it 
was levied on corn, 8 which, however, could only be 
imported, exportation being prohibited by law ; 9 
and also on woollen cloth, and other manufactured 
goods. 10 On imports the duty was payable on the 
unloading -, 11 on exports, probably, when they were 
put on board. The money was collected by persons 
called TtEVT7)KooTo7i6yoi, who kept a book in which 
they entered all customs received. Demosthenes 
refers to their entry (airoypatifj) to prove that a ship 
was not laden with more than a certain quantity of 
goods. 12 The merchant who paid the duty was said 
TTevTTjKovTevecdat. All the customs appear to have 
been let to farm, and probably from year to year. 
They were let to the highest bidders by the ten 
TTuTirjTcd, acting under the authority of the senate. 
The farmers were called relibvai, and were said 
(.wzloQai tt]v nevTrjKooTrjv. They might either collect 
the duty themselves, or employ others for that pur- 
pose. Several persons often joined together in the 
speculation, in which case the principal, in whose 
name the bidding took place, and who was respon- 
sible to the state, was called upx^vnc or reXuvupxvc • 

y ' ■ . ..— — 

1. (Paus., v., 9, <) 5 ) — 2. (Dion Chrysost., Atoy., i., p. 279, 
ad.Reiske. — Schol. ad Aristid. ap. Phot., Cod., p. 409, Bekker. — 
Miiller, Archaeol. d. Kunst,^ 423, 3.)— 3. (v., 9, § 3.)— 4. (Schol. 
ad Plat., Amat., p. 135, D., &c.)— 5. (Rhet., i., 5.)— 6. (Paus., 
vi., 3, I) 4.) — 7. (Harpocr., s. v. HtvTrjKoar^.) — 8. (Demosth., c. 
Nefer., 1353.)— 9. '(Demosth., c. Lacr., 941.)— 10. (Demosth., c 
Meid., 558.) — 11. (Demosth , c. Lacr., 932.) — 12. (c. Fuorm., 
W9.) 

752 



Sureties were usually required. 1 Whether the cus- 
toms on different articles of merchandise were farm- 
ed altogether or separately, does not appear. The 
corn-duty, at least, was kept distinct : 2 and thin was 
the case with another tax. 3 With respect 1o the 
amount of the revenue derived from this source, the 
reader may consult Bockh, Staatshaush. der Ath., i., 
337-342. The ttevtt/kogt^ has been thought by some 
to be the same with the eXXtfiiviov mentioned by Pol- 
lux ; 4 but this was more probably a duty paid for the 
use of the harbour, whether goods were unladen or 
not, and was perhaps the same as the EKaToarf}, 
mentioned by Xenophon 5 as being paid by foreign 
ships entering the Piraeus, and alluded to by Aris- 
tophanes. 6 Bockh's conjecture, that, besides a per. 
sonal harbour due, a duty was levied of one pei 
cent, on all the goods on board, appears less prob- 
able ; for it would be unreasonable to exact a cus- 
toms duty on goods not landed ; and if they were 
to be landed, why should the ttevttikootti be re 
quired in addition to the EtcaToarql 7 

PENTECOS'TYS (tzevtvkoctxh;). (Vid. Army, 
Greek, p. 98.) 

*PENTELTCUM MARMOR (TlEVTe?Mbc IWoo, 
Pentelic Marble, obtained from Mount Pentelicus, 
near Athens, the modern name of which is Pen- 
dele. With this marble the Parthenon was built, as 
also the Temple of Ceres at Eleusis. Many cele- 
brated statues were made of it. Its grain is finer 
than the Parian, but it does not retain its polish 
and beauty so well as the latter, being less homo- 
geneous, and, consequently, more liable to decom- 
position. 8 

*PEP'ERI (TTETTEpi), Pepper. " Theophrastus de- 
scribes the two kinds of pepper, dirrbv 6' avrov to 
yivoc, to fiEv yap orpbyyvkov, to 6e TrpofxrjKEC. The 
former is the white, the other the black Pepper. So- 
linus and Pliny give a full account of the ancieut 
Peppers, containing, however, some errors, arising 
from want of information. Dr. Hill says ' the old- 
est Greek writers knew the three kinds of pepper 
in use at present, and have described them very 
well, although they erred in supposing them the 
fruit of the same plant in different degrees of ma- 
turity.' The plant which produces both the black 
and white kinds is named Piper nigrum ; that which 
produces the long, Piper longum."* 

*PEPLIS and PEPLUS (kettIic, -oc), two species 
of Spurge, namely, the Euphorbia Peplis and Pe- 
plus. 10 

PEPLUM (ttettIoc), a Shawl, differing from the 
scarf (vid. Chlamys) in being much larger, and from 
the blanket (vid. Pallium) in being finer and thinner, 
and also considerably larger. It was sometimes 
used as a cover to protect valuable articles of furni- 
ture 11 or to adorn a throne, 12 but most commonly as 
a part of the dress of females ; 13 although instances 
occur, even among the Greeks, in which it is worn 
by the other sex, unless we suppose the term to be 
in these instances improperly put for (j>upoc. 14 In 
Persia and other Eastern countries, the shawl was 
no doubt worn anciently, as it is at the present day, 
by both sexes. 15 Also in Bacchanalian processions 
it was worn by men, both in allusion to Oriental 
habits, and because they then avowedly assumed 
the dress of females. 1 * This was commonly the 

1. (Demosth., c. Timocr., 713. — Andoc, De Myst., 17, ed 
Steph. — Wachsmuth, II., i., 152.) — 2. (Demosth., c. Neasr., 
1353.)— 3. (^Esch., c. Timarch., 16.)— 4. (viii., 132; ix., 30.)— 
5. (DeRep.Ath.,i., 17.)— 6. (Vesp., 658.)— 7. (Vid. Bockh, Id.,' 
343.)— 8. (Theophrast., De Lapid., 14.— Adams, Append., s. v.) 
—9. (Theophrast., H. P., ix., 22.— Dioscor., ii., 188.— Solinus, 
Polyh., 65. — Plin., H. N., xii., 14. — Adams, Append., s. v.) — 10. 
(Dioscor., iv., 165, 166. — Adams, Append., s. v.) — 11. (Horn. II., 
v., 194.)— 12. (Od., vii., 96.)— 13. (Horn., II., v., 315, 734, 73 i.— 
Id. ib., viii., 384.— Od., xv., 123-128.— iavos: U-> xiv., 178.— Eu- 
rip., Hec, 1013.— Id., Med., 791.— Theocrit., i., 33.)— 14. (Eu- 
rip., Ion, 1033.— Theocrit., vii., 17.) — 15. (^sch., Pes., 204 
474, 1030, 1061.)— 16. (Eurip., Bacch., 783-79U 






PEPLUM. 



PER PIGNUK. S CAPIONEM. 



garment which the Orientals rent as an expression 
of rage or grief. 1 Women of high rank wore their 
shawls so long as to trail upon the ground (Tpoddae 
iXiccGtirenTiovg , 2 'Elevn navine-trloc 3 ). A shawl was 
sometimes wrapped about the head during sleep. 4 
Like all other pieces of cloth used for the Amictus, 
it was often fastened by means of a brooch (vid. 
Fibula 5 ), and was thus displayed upon the statues 
of female divinities, such as Diana 6 and the goddess 
Rome. 7 It was, however, frequently worn without 
i brooch, in the manner represented in the annexed 
voodcut, which is copied from one of Sir Wm. 




Familton's vases. 8 Each of the females in this 
g<*oup wears a shift falling down to her feet (vid. 
Tunica), and over it an ample shawl, which she 
passes entirely round her body, and then throws the 
loose extremity of it over her left shoulder and be- 
hind her bar^k, as is distinctly seen in the sitting 
figure. The shawl was also often worn so as to 
•-.over the head while it enveloped the body, and 
more especially on occasion of a funeral (see wood- 
cuts, p. 458), or of a marriage, when a very splen- 
did shawl (naarog 9 ) was worn by the bride. The 
following woodcut 10 may be supposed to represent 




tlu- moment when the bride, so veiled, is delivered 
to her husband at the door of the nuptial chamber. 

1. (^Eschyl., 11. cc— Eurip., Ilea, 553-555.— Xen., Cyrop., 
iii., 1, v 13.—W. ib., iii., 3, t> 6?.— Id. ib., v., 1, v 6.)— 2. (Horn., 11., 
vi., 442.)— 3. (Od.,iv.,305.)— 4. (Apollon. Rhod., iv., 1294, 1314, 
1351.)— 5. (Soph., Trach., 920.— Callim., Lav. Pall., 70.— Apol- 
lon. Rhod., iii., 833.)— 6. (Brunck, Anal., iii., 206. )—l. (Apollia. 
Sidon., Carm., v., 18.)— 8. (vol. iii., pi. 58.)— 9. (1 Maccab., i., 
27 >— 10 (from Baittili Admir. Rom. Ant., pi. 57.) 
5 



He wears the Pallium only ; she has a long shii* 
beneath her shawl, and is supported by the pronu- 
ba. Thus veiled the poets represented Aurora and 
Night, but with this difference, that the one arose 
expanding a shawl dyed with saffron (KpoKoneirTiog 
"Hog 1 ), whereas a black one enveloped the othei 
(fieXafnreTTXog Nti£ 2 ). In reference to the bridal 
shawl, the epithet iraoTofyopog was given to Venus. 3 

Of all the productions of the loom, shawls wero 
those on which the greatest skill and labour were 
bestowed. So various and tasteful were the sub- 
jects which they represented, that poets delighted 
to describe them. The art of weaving them was 
entirely Oriental ((3ap6dpuv itpuafiara*) : those of the 
most splendid dyes and curious workmanship were 
imported from Tyre and Sidon : 5 a whole book was 
written by Polemo " concerning the Shawls at Car- 
thage."* Hence " Shawls" (7re7r/loi 7 ) was one of the 
titles of works of an imaginative or descriptive 
character, and was adopted to intimate the variety 
of their subjects, and the beautiful mode of display 
ing them. A book, intended to depict some of the 
characters in the Iliad, and denominated "The 
Shawl," was ascribed to Aristotle. 8 As a specimen 
of the subjects delineated, a shawl may be men- 
tioned which exhibited the frame of the world. 9 
Euripides describes one which represented the sun, 
moon, and stars, and which, with various others 
containing hunting-pieces and a great variety of 
subjects, belonged to the Temple of Apollo at Del- 
phi, and was used to form a magnificent tent for 
the purpose of an entertainment ; 10 for it is to be 
observed, that stores of shawls were not only kept 
by wealthy individuals, 11 but often constituted a 
very important part of the treasures of a temple, 19 
having been presented to the divinity on numerous 
occasions by suppliants and devotees. 13 (Vid. Do- 
naria, p. 376, Panathen^ea, Pastophorus.) 

PER CONDICTIO'NEM. This legis actio, says 
Gaius, was so called because the plaintiff gave no- 
tice to the defendant to be present on the thirtieth 
day after the notice, in order that a judex might be 
appointed. It was an actio in personam, and ap- 
plicable to those cases in which the plaintiff required 
the defendant to give something (qua intendit dan 
oportere). This legis actio was introduced by a lex 
Silia in the case of a fixed sum of money (certa pe- 
cunia), and by a lex Sempronia in the case of any 
definite thing. Gaius observes that it does not ap- 
pear why this form of action was needed, for in a 
case of dari oportere there was the sacramentum 
and the per judicis postulationem. The name con- 
ditio was applied to actiones in personam, after the 
legis actiones fell into disuse, though improperly, for 
the notice (denuntiatio) whence the legis actio took 
its name was discontinued. 14 . 

PER JUDICIS POSTULATIO'NEM was one 
of the legis actiones. The passage in Gaius is 
wanting in which this form of action is described. 
It was applicable to a great variety of cases, and to 
some cases the same as the sacramentum was ap- 
plicable. (Vid. Per Condictionem.) 

PER MANUS INJECTIO'NEM. (Vid. Manus 
Injectio.) 

PER PI'GNORIS CAPIO'NEM or CAPTIO'- 
NEM. This was one of the legis actiones, or old 
forms of procedure, which in some cases was found- 
ed on custom (mos), in others on enactments (lex). 
It was founded on military usage in t..c following 

1. (Horn., II., viii., 1. — Id. ib., xxiii., 227.) — 2. (Eurip., Ion, 
1150.)— 3. (Brunck, Anal., iii., 4.) — 4. (Eurip., Ion, 1159.)— 5 
(Horn., II., vi., 289-294.)— 6. (Athen., xii., p. 541.)— 7. (Clem. A] 
ex., Strom., vi., 1, p. 736, ed. Potter.)— 8. (Eustath. in II., ii., 557., 
— 9. (Mart. Capella, L. vi., in Maittaire's " Corpus Poetarum," 
vol. ii., p. 1446.) — 10. (Ion, 1141-1162.) — 11. (Horn., Od., xv , 
104-108.)— 12. (Eurip., Ion, 329, 330.)— 13. (Horn., II., vi., 271- 
304. — Virg., ^En., i., 480. — Id., Cir., 21-35.) — 14. (Gaius, iv , 
18. &c ) 

753 



PERA. 



FERDUELLIONIS DUUMVIRI. 



cases. A soldier might seize as a pledge (pignus 
tapere) anything belonging to the person who had 
to distribute the aes militare, in case he did not 
make the proper payments ; he might also make a 
seizure in respect of the money due to him for the 
purchase of a horse (as equcstre), and also in re- 
spect of the allowance for the food of his horse (as 
hordiarium). The law of the Twelve Tables allowed 
a pignoris. capio in respect of pay due for the hire of 
a beast, when the hire-money was intended for a 
sacrifice. By a special law (the name is not legi- 
ble in the MS. of Gaius) the publicani had the right 
pignoris capionis in respect of vectigalia publica 
which were due by any lex. The thing was seized 
( -pignus capiebatur) with certain formal words, and 
for this reason it was by some considered to be a 
legis actio. Others did not allow it to be a legis 
ctio, because the proceeding was extra jus, that is, 
not before the praetor, and generally, also, in the 
absence of the person whose property was seized. 
The pignus could also be seized on a dies nefastus, 
or one on which a legis actio was not permitted. 

It appears from a passage of Gaius, in which he 
speaks of the legal fiction that was afterward in- 
troduced into the formula by which the publicani 
recovered the vectigalia, that the thing seized was 
only taken as a security, and was redeemed by pay- 
ment of the sum of money in respect of which it 
was seized. In case of non-payment, there must, 
however, have been a power of sale, and, accord- 
ingly, this pignoris capio resembles in all respects a 
pignus proper, except as to the want of consent on 
the part of the person whose property was seized. 
It does not appear whether this legis actio was the 
origin of the law of pledge, as subsequently devel- 
oped, but it seems not improbable. 1 

PERA, dim. PE'RULA (itr/pa), a Wallet, made 
f leather, worn suspended at the side by rustics 
nd by travellers to carry their provisions, 2 and 
adopted, in imitation of them, by the Cynic philoso- 
phers. 3 ( Vid. Baculus.) The cup for drinking 
was carried in the wallet.* The sower carried a 
wallet depending from his right shoulder to hold his 
seed. 5 The annexed woodcut is the representation 
of a goatherd with his staff and wallet, from the 
column of Theodosius, formerly at Constantinople. 6 




1. (Gaius, iv., 26, &c. — Cic, Verr., iii., 11. — " Pignoris ca- 
pio:" Gell., vii., 10.)— 2. (Mart., xiv., 81.) — 3. (Diog. Laert., 
vi., 13. — Brunck, Anal., i., 223. — Id. ib., ii., 22, 28. — Auson., 
Epigr., f>3.)— 4. (Senec, Epist., 91.)— 5. (Brunck, Anal., ii., 
215.)— 6. tfVIenestrier, De;cr. de la Col. Hiit. Par., 1702, pi. 16.) 
754 



*PERCA (iripuri), the Perch. The River Perch, 
or Perca fluviatilis, is noticed by Aristotle, -^Elian, 
Dioscorides, Pliny, &c. ; the Sea Perch, or Perca 
marina, by Aristotle, Oppian, Ovid, Pliny, Marcel- 
lus Sideta, &C 1 

*PERCNOP'TERUS. (Vid. Aquila.) 

*PERCNUS. (Vid. Aquila.) 

*PERDIC10N (TrepdtKcov), a plant, most proba- 
bly, as Adams thinks, the Pellitory of the Wall, or 
Parietaria officinalis, which Sibthorp says still re- 
tains the name of 7vepdiica.Ki in Greece. It is the 
k"k^ivn erepa of Dioscorides. 2 

*PERDIX (TrepdiZ), the Partridge, or Tetrao Per 
dix. " Athenaeus, I believe, is the only ancient au- 
thor who takes notice of the Red-legged Partridge, 
or Tetrao ru f us, L., sometimes called Perdix Graca, 
Gesner mentions that it is called 'the Quail' by 
the Italians." The Tetrao rufus is brought from 
Cephallenia to Zante, says Sibthorp, where it is 
kept in cages to sing, or, rather, call. The Red- 
legged and Gray Partridge were both seen in the 
vicinity of Salonica by Mr. Hawkins. The former 
frequented entirely the rocks and hills, the latter 
the cultivated ground in the plain. 3 

PERDUE'LLIO. (Vid. Majestas, p. 609.) 

PERDUELLIO'NIS DUU'MVIRI were two offi- 
cers or judges appointed for the purpose of trying 
persons who were accused of the crime of perduel- 
lio. Niebuhr believes that they were the same as 
the quaestores parricidii, and Walter* agrees with 
him, though in a later part of his work 5 he admits 
that they were distinct. It appears from a compar- 
ison of the following passages — Li v., i., 26. — Dig. 
1, tit 2, s. 2, § 23. — Fest., s. v. Parici and Sororium 
— either that some of the ancient writers confound 
the duumviri perduellionis and the quaestores parri- 
cidii, or that, at least during the kingly period, they 
were the same persons ; for, in giving an account of 
the same occurrence, some writers call the judges 
quaestores parricidii, while others call them duum- 
viri perduellionis. After the establishment of the 
Republic, however, there can be no doubt that they 
were two distinct offices, for the quaestores were 
appointed regularly every year, whereas the duum 
viri were appointed very rarely, and only in cases 
of emergency, as had been the case during the 
kingly period. 6 Livy 7 represents the duumviri per- 
duellionis as being appointed by the kings, but from 
Junius Gracchanus 8 it appears that they were pro- 
posed by the king and appointed by the populus 
(reges populi svffragio creabant). During the early 
part of the Republic they were appointed by the 
comitia curiata, and afterward by the comitia cen- 
turiata, on the proposal of the consuls. 9 In the 
case of Rabirius (B.C. 63), however, this custom 
was violated, as the duumviri were appointed by 
the praetor instead of by the comitia centuriata. 1 * 
In the time of the emperors, no duumviri perduel- 
lionis were ever appointed. 

The punishment for those who were found guilty 
of perduellio was death : they were either hanged 
on the arbor infelix, or thrown from the Tarpeian 
Rock. But when the duumviri found a person 
guilty, he might appeal to the people (in early times 
the populus, afterward the comitia centuriata), as 
was done in the first case which is on record, 11 and 
in the last, which is that of Rabirius, whom Cicero 



1. (Aristot., H. A., vi., 14. — Id. ib., ii., 13. — ^Elian, N. A., 
xiv., 23.— Dioscor., M. M., ii., 35.— Plin., xxxii., 9.— Id., ix., 16 
— Ovid, Hal., 112. —Adams, Append., s. v.) — 2. (Theophrast , 
H. P., i., 11. — Dioscor., iv., 86. — Adams, Append., s. v.) — 3 
(Aristot., H. A., i., 1.— Adams, Append., s. v.) —4. (Gesch. det 
Rom. Rechts, p. 24, note 19.) — 5. (p. 855, note 20.) — 6. (Liv., 
ii., 41.— Id., vi., 20.— Dion Cass., xxxvii., 27.)- -7. (i., 26.)— 8. 
(Dig. 1, tit. 13, 1.— Compare Tacit., Ann., xi., 22.)— 9. (Dig. 
1, tit. 2, s. 2, y 23. — Cic, Pro Rabir., 4, &c.) — 10. (Diou 
Cass., 1 c— Cic, 1. c— Suet., Jul., 12.)— 11. (Liv., i., 26.) 



PERfriRIOTS. 



PERICECI. 



defended before the people in the oration still ex- 
tant. Marcus Horatius, who had slain his sister, 
was acquitted, but was nevertheless obliged to un- 
dergo some symbolical punishment, as he had to 
pass under a yoke with his head covered. The 
house of those who were executed for perduellio 
was razed to the ground, and their relatives were 
not allowed to mourn for them. 1 

PEREGRI'NUS, a stranger or foreigner. In an- 
cient times the word peregrinus was used as synon- 
ymous with hostis, 3 but in the times of which we 
have historical records, a peregrinus was any per- 
son who was not a Roman citizen, though he might 
belong to an allied people, for the allied Latins and 
Hernicans are called peregrini, 3 and even the ple- 
beians are sometimes designated by this name. All 
peregrini were either connected with Rome by ties 
of hospitality, or they were not. Respecting the 
former, vid. Hospitium. The latter, if they had any 
business to transact at Rome, required a patronus, 
who undertook the management of their causes in 
the courts of justice. When the dominion of Rome 
became extended over a great part of Italy, whole 
towns and nations sometimes entered into the re- 
lation of client to some influential Roman, who then 
acted as their patronus. But in B.C. 247 a second 
praetor (prator peregrinus) was appointed for the 
purpose of administering justice in matters between 
such peregrini as had taken up their abode at Rome. 
(Vid. Pr^tor.) Whether a peregrinus had com- 
mercium or connubium with Rome depended upon 
ihe relation of his native country or town to Rome. 
The number of such peregrini who lived in the city 
of Rome appears to have had an injurious influence 
upon the poorer classes of Roman citizens, whence, 
on some occasions, they were driven out of the 
city. The first example of this kind was set in 
B.C. 127, by the tribune M. Junius Pennus.* They 
were expelled a second time by the tribune C. Pa- 
pius, in B.C. 66. 5 The same measure was some- 
times also adopted by the early emperors. 6 As 
peregrini were not citizens, they had none of the 
rights of citizens ; their existence at Rome was 
merely an act of toleration on the part of the Ro- 
mans. 

During the last period of the Republic and the first 
centuries of the Empire, all the free inhabitants of the 
Roman world were, in regard to their political rights, 
either Roman citizens, or Latins, or peregrini, and 
the latter had, as before, neither commercium nor 
connubium with the Romans. They were either free 
provincials or citizens who had forfeited their civitas, 
rmd were degraded to the rank of peregrini, 7 or a 
certain class of freedmen, called peregrini dediticii. 8 
(Vid. Dkditicii.) The most numerous class was, 
of course, that consisting of free provincials, many 
of whom also lived at Rome and in Italy. In mat- 
ters concerning their own families or their prop- 
erty, they enjoyed in Roman courts of justice all 
those rights which the jus gentium claimed for 
them, 9 and even parts of the Roman law were trans- 
ferred and applied to them. 10 If a peregrinus died 
at Rome, his property went either to the aerarium, 
or, if he had a patronus, the latter succeeded to it 
jure applications. u In the provinces, also, the per- 
cgTini were allowed to live accoding to their own 
laws and customs. 13 It appears that, from the time 
of the Marsic war, the peregrini were allowed to 
serve in the Roman armies. The Jews alone seem 



1. (Dig-. 3, tit. 2. s. 11, t) 3.)— 2. (Varro, De Ling. Lat., itr., p. 
t, Eip.— Cic.,De Off., i., 12.)— 3. (Liv., iii., 5.— Id., v., 19.— Id., 
.nil., 5.)-4. (Cic, De Off., iii., 11.— Id., Brut., 28.— Fest., s. v. 
Respublica.)— 5. (Cic, De Off, iii.. 11.— Dion Cass., xxxvii., 9.) 
-6. (Suet., Octav., 42.)— 7. (Suet., Claud., 16. — Dig. 2, tit. 4, 
». 10, <> 6.) — 8. (Plin., Bpist., x., 4.) — 9. (Gaius, iii., 93, 132, 
133.)— 10. (Gaius, i., 47 ; iv., 37.)— 11. (Cic, De Orat., i., 39.) 
-12. iGa m, i., 92 ; iii., 96, 120, 134.) 



to have formed an exception on account ot then 
religious duties. 1 This service in the Roman ar- 
mies was in many cases the first step towards tiie 
civitas, for many were made citizens after the time 
of their service had elapsed ; and in the reign of M. 
Aurelius, provincials are even said to have obtained 
the civitas immediately on their enlisting in the 
armies. 8 Since, in the reign of Antoninus Caracai- 
la, 3 all the free inhabitants of the Empire were made 
cives Romani, peregrini henceforth no longer exist- 
ed within the boundaries of the Empire, except in 
cases when barbarians, not subject to it, entered 
the Roman armies, or when new conquests were 
made, and in the case of peregrini dediticii. But, 
on the whole, it may be said that the Romans at 
that time divided the inhabitants of the whole world 
into Romans and barbarians. 4 

PE'RGULA appears to have been a kind of 
booth or small house, which afforded scarcely any 
protection except by its roof, so that those who 
passed by could easily look into it. It served both 
as a workshop 5 and a stall where things were ex- 
hibited for sale. We find, for instance, that paint- 
ers exhibited their works in a pergula, that they 
might be seen by those who passed by ; 6 and Apel- 
les is said to have concealed himself in his pergula, 
behind his pictures, that he might overhear the re- 
marks of those who looked at them. 7 Such places 
were occupied by persons who, either by working 
or sitting in them, wished to attract the attention 
of the public. Hence we find them inhabited by 
poor philosophers and grammarians, who gave in- 
struction, and wished to attract notice in order to 
obtain pupils.* 

It should be observed that scholars do not agree 
as to the real meaning of pergula : Scaliger 9 de- 
scribes it as a part of a house built out into the 
street, as in some old houses of modern times ; Er- 
nesti 10 thinks that a pergula is a little room in the 
upper part of a house, which was occasionally used 
by poor philosophers as an observatory. But neither 
of these two definitions is so applicable to all the 
passages in which the word occurs as that which 
we have proposed. 

*PERICLYM'ENON (nepiicMpevcv), the common 
Honeysuckle or Woodbine, the Lonicera periclyme- 
non. Some botanical writers, however, prefer the 
other species, namely, the L. caprifolium. 11 

PERIDEIPNON (irepideiirvov). ( Vid. Funus, p. 
458.) 

PERICECI (iTipioutoi). This word properly de- 
notes the inhabitants of a district lying around some 
particular locality, but is generally used to describe 
a dependant population, living without the walls or 
in the country provinces of a dominant city, and, 
although personally free, deprived of the enjoyment 
of citizenship, and the political rights conferred by 
it. The words gvvolkol and jxetolhol have an anal- 
ogous meaning. 

A political condition such as that of the TcepioiKot, 
of Greece, and like the vassalage of the Germanic 
nations, could hardly have originated in anything 
else than foreign conquest, and the "kep'lolkoi of 
Laconia furnish a striking illustration of this. Their 
origin dates from the Dorian conquest of the Pelo- 
ponnesus, when the old inhabitants of the country, 
the Achaians, submitted to their conquerors on cer- 
tain conditions, by which, according to Ephorus, 13 

I. (Joseph., Ant. Jud., xiv., 10, 11-19.) — 2. (Walter, Ges- 
chichte des Rom. Rechts, p. 330, n. 91.)— 3. (211-217.)— 4. (Sidon. 
Apoll., Epist., !., 6.) — 5. (Di?. 5, tit. 1, s. 19.) — 6. (Lucil. ap. 
Lactant., i., 22.) -7. (Plin., H. N., xxxv., 36, f) 12.— Salmas. ad 
Script. Hist. Aug., p. 458, 459.)— 8. (Suet., Octav., 94.— De 11 
lustr. Grammat., 18. — Flav. Vopis?., Saturnin., 10. — Juv., xi., 
131 )_9. (adPlaut., Pseud., i.,2, 79.) — 10. (ad Suet., Octav t 
94./— 11. (Dioscor.,iv , 14.— Adams Append., s. v.)— 12. (Str&bo 
viii., p. 364.) 

755 



PEHICECi. 



PERlCECi. 



they were left in possession of their private rights 
of citizenship [laon/xta), such as the right of inter- 
marriage with the Dorians, and also of their polit- 
ical franchise. They suffered, indeed, a partial 
deprivation of their lands, and were obliged to sub- 
mit to a king of foreign race, but still they remained 
equal in law to their conquerors, and were eligible 
to all offices of state except the sovereignty, 'lao- 
vofioc \ietexovteq Kal TroXireiag kcu apxeiuv.*' But 
this state of things did not last long : in the next 
generation after the conquest, either from the lust 
of increased dominion on the part of the Dorians, 
or from an unsuccessful attempt by the Achaians to 
regain their independence, the relation between the 
two parties was changed. The Achaians were re- 
duced from citizens to vassals ; they were made 
tributary to Sparta (ovvteIeIq), and their lands were 
subjected to a tax, perhaps not so much for the 
sake of revenue as in token of their dependance ; 2 
they lost their rights of citizenship {IgotlixLo), such 
as that of intermarriage with the Dorians, the right 
of voting in the general assembly, and their eligibil- 
ity to important offices in the state, such as that of 
a senator, &c. It does not, however, appear that 
the Periceci (especially in the historic times) were 
generally an oppressed people, though kept in a 
state of political inferiority to their conquerors. On 
the contrary, the most distinguished among them 
were admitted to offices of trust, 3 and sometimes 
invested with naval command,* but probably only 
because they were better suited for it than the 
Spartans themselves, who did not set a high value 
on good sailorship. Moreover, the Periceci some- 
times served as heavy-armed soldiers or troops of 
the line : at the battle of Platsea, for instance, they 
supplied 10,000 men, 5000 hoplites and 5000 light- 
armed, 5 a circumstance which seems to imply a 
difference of rank connected with a difference of 
occupation among the Periceci themselves. Again, 
at Sphacteria 292 prisoners were taken, of whom 
120 were Spartans and the rest irspioiKoi. 6 We 
also read of nalol nayadoi, or " accomplished and 
well-born" gentlemen, among the Periceci, serving 
as volunteers in the Spartan service. 7 But still it 
is not to be expected, it is not natural, that men 
competent to the discharge of high functions in a 
state, and bearing its burdens, should patiently sub- 
mit to an exclusion from all political rights. Ac- 
cordingly, we find that, on the rising of the Helots 
in B.C. 464, some of the Periceci joined them.' 
When the Thebans invaded Laconia (B.C. 369), the 
Periceci were ready to help them. 9 In connexion 
with the insurrection of Cinadon, we are told that 
the Periceci were most bitter against the ruling 
Spartans. 10 From these and other facts, 11 it appears 
that the Periceci of Laconia, if not an oppressed, 
were sometimes a disaffected and discontented 
class ; though, in cases of strong excitement, or of 
general danger to the whole of Greece, they identi- 
fied themselves with their conquerors. The very 
relation, indeed, which subsisted between them, was 
sufficient to produce in Sparta a jealousy of her 
subjects, with corresponding feelings on their part. 
Nor can we suppose that the Dorians would will- 
ingly permit the Periceci to acquire strength and 
opulence, or even to settle in large towns. 12 In 
fact, it is stated by Isocrates 13 that the Dorians in- 
tentionally weakened the Achaians, by dispersing 
them over a great number of hamlets, which they 
called noTieig, though they were less powerful than 



1. (Arnold, Thucyd., i., p. 641.)— 2. (Ephor., 1. c.)— 3. (Thu- 
cyd., viii., 61.) — 4. (Id., viii., 22.) — 5. (Herod., ix., 61.) — 6. 
(Miiller, in., 2, Q 3.)— 7. (Xen., Hell., v., 3, 4 9.)— 8. (Thucyd., 
l., 101.)— 9. (Xen., Hell., vi., 5,25.)— 10. (Id., iii., 3, t) 6.)— 11. 
^Clinton, F. H., Append., xxii.) — 12. (Thirlwall, Hist, of Greece, 
1 , 307.)—13. (Panath., p. 307.) 
756 



the country parishes of Attica, and weie situated m 
the most unproductive parts of Laconia, the best 
land of which was reserved for the Spartans. It ia 
not, however, necessary to understand the orator 
as speaking of a uniform practice ; and another of 
his statements, to the effect that the ephori could 
put any of the Periceci to death 1 without trial, is 
either a perversion of the truth, or arose from his 
confounding the Periceci with the Helots. 

Still the grievances of the Periceci were not, after 
all, intolerable, nor do they seem to have been 
treated with wantonness or insolence. The dis- 
tance at which many of them lived from Sparta 
must have rendered it impossible for them to share 
in the administration of the state, or to attend the 
public assemblies ; a circumstance which must in 
some measure have blunted their sense of their 
political inferiority. Nor were they subjected to 
the restraints and severe discipline which the ne- 
cessity of maintaining their political supremacy im- 
posed upon the Spartans, making them more like 
an " army of occupation in a conquered country" or 
a "beleaguered garrison" than a society of men 
united for civil government and mutual advantage. 
By way of compensation, too, the Periceci enjoyed 
many advantages (though not considered as privi- 
leges) which the Spartans did not. The trade and 
manufactures of the country were exclusively in 
their hands, and carried on by them with the more 
facility and profit, as they occupied maritime towns. 
The cultivation of the arts, also, as well in the 
higher as in the lower departments, was confined 
to the Periceci, the Spartans considering it beneath 
themselves ; and many distinguished artists, such 
as embossers and brass-founders, were found in the 
Laconian schools, all of whom were probably Peri- 
ceci. 3 Nor is there wanting other evidence, thovign 
not altogether free from doubts, to show that the 
Spartan provincials were not in the least checked 
or shackled in the development of their intellectual 
powers. 3 Moreover, it seems natural to suppose 
that they enjoyed civil rights in the communities to 
which they belonged, and which otherwise would 
scarcely have been called tzo'Kelq ; but whether or 
no these cities had the power of electing their own 
chief magistrate is a matter of conjecture. Epho- 
rus, indeed,* informs us that, on the conquest of 
the Peloponnesus by the Dorians, they divided the 
country of Laconia into six districts, four of which 
were left in the .possession of the Achaians, and 
governed by magistrates sent from Sparta ; but we 
do not know how long this practice lasted, nor can 
we draw any conclusions with respect to the gov- 
ernment of Laconia in general from the example of 
Cythera, to which a Spartan officer was annually 
sent, under the peculiar title of K-vdvpodinqg, or the 
" Justice of Cythera." 

The number of Laconian (as they are called) or 
subject cities is said to have formerly amounted to 
100. 5 Several of them lay on the coast, as Gythi- 
um, the port of Sparta ; whence the whole coast of 
Laconia is called 57 nEptoiKig. 6 Many, however, lay 
more inland, as Thuria 7 and Cardamyle, which 
seems to have belonged to the old Messenia. The 
inhabitants of the district of Sciros (# 2/«jomf), on 
the confines of Arcadia, seem to have been dis- 
tinct from the other iz£ploiKot, s and in battle were 
posted by the cities on the left wing. 9 An enumer- 
ation of the principal of these cities is given in 
Clinton. 10 The Periceci also occupied the island of 
Cythera, at the port of which the Lacedaemonian 
merchants usually put in on their voyages home 



1. (p. 271.)— 2. (Muller, Dor., iii., 2, $ 3.) — 3. (Thirl, and 
Mull., 11. cc.)— 4. (1. c.)— 5. (Strabo, viii., p. 362.)— 6. (Thucyd , 
iii., 16.)— 7. (Thucyd., i., 101.)— 8. (Xen., Hell., v., 2, 24.)— 9 
(Thucyd , v., 67 )— 10. (Fast. Hellen., Append., c. 22.^ 



PERlfEOI. 



PE1UUR1UM. 



from Egypt and Libya. 1 We have said that the 
Perioeci living in these towns were the descendants 
of the old inhabitants of the country, but we must 
not suppose they were exclusively so. Some of 
them, on the contrary, were foreigners, who had 
either accompanied the Dorians on their invasion 
of Laconia, or been afterward invited by them to 
supply the place of the dispossessed Achaians. 
One of these cities, Boia, is even said to have been 
founded by a Heracleid chief, 2 and another, Geron- 
thrae, was peopled by colonists sent from Sparta, 
after it was evacuated by the old inhabitants. 3 

The number of Periceci in the Persian war is thus 
determined by Clinton :* " At the battle of Plattea, 
in B.C. 479, the Periceci supplied 10,000 men. If 
we assume this proportion to be the same as that 
which the Spartan force bore to the whole number 
on the same occasion, or five eighths of the whole 
number of citizens, this would give 16,000 for the 
males of full age, and the total population of this 
class of the inhabitants of Laconia would amount 
to about 66,000 persons." 

In the later times of Spartan history, the Peri : 
cecian towns of the coast (Laconica orce castella et 
tici) were detached from Sparta by T. Quintius 
Flamininus, and placed under the protection of the 
Achaian league. 4 Subsequently to this the Emper- 
or Augustus released 24 towns from their subjection 
lo Sparta, and formed them into separate commu- 
iities, under laws of their own. They were conse- 
quently called Eleuthero-Lacones. 6 But, even in 
ne time of Pausanias, some of the Laconian towns 
«vere not avTovdfiot, but dependant upon Sparta 
arvvrekovaai cf %7rupTTjv). 

A class of Periceci, and also of Helots, has been 
said by Muller to be the basis of the Dorian form 
»f government : we may therefore expect to find 
Perioeci among other Dorian communities as well 
as at Sparta, as, for instance, Elis and Argos, and 
the Boeotian Thebes : the dependant towns of which 
states formed separate communities, as Thespiae 
under Thebes, the Triphylian cities in Elis, and 
Orneaa under Argos, though they could not be call- 
ed aviovofioi 7 From the last-mentioned town, 
which was long independent, but reduced about 
B.C. 580, all the Argive Periceci derived their name 
of Orneatae. About the time of the Persian war, 
however, the inhabitants of the towns surrounding 
Argos were received into the city as cvvoikoi, and 
admitted to the rights of citizenship : a change 
which was attended with a revolution in the con- 
stitution of Argos, and gave additional force to its 
democracy. 8 The Dorian cities of Crete also had 
their Periceci, 9 as well as the colonies of Cyrene and 
Thera. 19 

The Perioeci of antiquity have been compared to 
other bodies, such as the plebs of Rome, and the 
communities of the Athenian demi or parishes. 
But the only resemblance they bore to the latter 
was in the similarity of their position relative to 
the chief city of their country, nor did the former 
body stand in the same relation to the patricians as 
the Laconian provincials did to the Spartan citi- 
zens. Modern history furnishes fitter objects of 
comparison in the Norman conquest of England 
and the city of Augsburg. 11 The burghers or free 
citizens of Augsburg lived in the city, while there 
grew up about them a distinct and large community 
living without the city, chiefly formed of the eman- 
cipated vassals of the dominant class, and called 
" Pfahlbiirger," or citizens of the " pale," the sub- 

'. (Thocyd., iv., 53; vii., 57.) — 2. (Strabo, p. 364.) — 3. 
Paus., iii., 22, I) 5.) — 4. (1. c.)— 5. (MiiUer, iii., 2, t> 1.— Liv., 
txxiv., 29 and 30 ; xxxviii., 31.) — 6. (Paus., iii., 21, $ 6.) — 7. 
(Wachs., I., j., p . 161.) — 8. (Muller, iii., 4, t) 2.)— 9. (Arisr., 
Pol., ii., 7.)— 10. (Herod., iv., 161.)— 11. (Arnold, Thucyd., vol. 
».. App. 1 and 2.) 



urbs in which they lived being surrounded by pali- 
sades. The Norman conquest of England presents* 
a striking parallel to the Dorian conquest of Laco- 
nia, both in its achievement and consequences. 
The Saxons, like the old Achaians, were deprived 
of their lands, excluded from all offices of trust and 
dignity, and reduced, though personally free, to a 
state of political slavery. The Normans, on the 
contrary, of whatever rank in their own country, 
were all nobles and warriors compared with the 
conquered Saxons, and for a long time enjoyed ex- 
clusively the civil and ecclesiastical administration 
of the land. 

For farther details, see Arnold, Thucyd., lib. i., c 
101, and Appendix ii. — Thierry, Histoire de la Con- 
quetc de V Angleterre par les Normands, livres iv.-vii. 
PERIP'OLOI. (Vid. Ephebus, p. 406.) 
PERPSCELIS (TrepicneMc 1 ). Much controversy 
has arisen with regard to the true meaning of this 
word. The etymology points out merely that it 
was something worn round the leg (irepl oke^oc), 
but from the context of the passage in Horace 
where it is found, we must at once infer that it was 
a trinket. The scholiast explains it as " ornament- 
um pedis circum crura" and hence we can scarcely 
doubt that it denotes an anklet or bangle, especial- 
ly since we know that these were commonly worn 
not only by the Orientals, the Egyptians, and the 
Greeks, but by the Roman ladies also. 2 This ex- 
planation perfectly accords with the expressions of 
Tertullian, 3 where the periscelium is spoken of aa 
decorating the leg in the same manner as the brace- 
let adorns the wrist and the necklace the throat. 
The anklet is frequently represented in the paint- 
ings of Greek figures on the walls of Pompeii, as in 
the following representation of a Nereid.* 



^ 




It must be observed, however, that the Greek 
lexicographers Hesychius, Photius, and Suidas in- 
terpret TzepLGne?!] and TrepcaKtXia by fipaiaiia, tyEfiiva- 
Ita, and St. Jerome (Epist. ad Fabiol.) expressly 
states that the Greek tceplgkeIji were the same 
with the Latin feminalia, that is, drawers reaching 
from the navel to the knees. In the Septuagint we 
find TzepLOKElic (sc. evdvpa) in Exod., xxviii., 42, 
xxxix., 28, Levit., vi., 10, and ttepiok&iov in Levit., 
xvi., 4, which our translators uniformly render, and 
apparently with accuracy, linen breeches. 

♦PERIST'ERA (nepiGTEpd), a term often applied 
indiscriminately to the different species and varie- 
ties of the genus Columba, but more especially ap- 
plicable to the C. domestica, or Domestic Pigeon. 6 
*PERISTEREON (-KEptcTepEuv), the Verbena of- 
ficinalis, or Vervain. 6 

PERISTRO'MA. ( Vid. Tapes, V*.lum.) 
PERISTY'LIUM. (Vid. House, Roman, p. 517.) 
PERJU'RIUM. (Vid. Oath, Roman, p. 671.) 



1. (Long., Past., i., 2.— Menander ap. Polluc, Onom., ii., 194; 
v., 100. — Hor., Ep., I., xvii., 56. — Petron., 67.)— 2. (Plin., II. 
N., xxxiii., 3, s. 12. — Compare Wilkinson's Anc. Egyp., vol. 
iii., p. 374.) — 3. (De Cultu Femin., ii., sub fin.) — 4. (Muse* 
Boibon., torn, vi., tav. xxxiv.) — 5. (Adams, Append., s. v.) — 6 
(Dioscor., iv., 60, 61.— Adams, Append., 8. v.) 

757 



PERSONA. 



t'ERSOXA. 



PERIZO'MA. (Vid. Subligaculum.) 
PERO (ap6v%,n, dim. apdvXic), a low boot of un- 
tanned hide (crudus 1 ), worn by ploughmen (perona- 
tus arator 2 ) and shepherds, as exemplified in the 
woodcuts at p. 132, 667, and by others employed in 
rural occupations. 3 It had a strong sole, 4 and was 
adapted to the foot with great exactness. 5 It was 
also called tttjIo-kutlc on account of its adaptation 
for walking through clay and mire. This conve- 
nient clothing for the foot was not confined to the 
la^rious and the poor. Sigismer, a royal youth of 
Gaul, and his companions, had such boots, or high 
shoes, with the hair remaining upon them (per one 
sctoso), bound about the ankles, the knees and calves 
of the legs being entirely bare. 6 In the Greek my- 
thology Perseus was represented wearing boots of 
this description, with wings attached to them. 7 
Diana wore them when accoutred for the chase. 8 
Vid. Cothurnus.) 
PER'ONE {rrepovT}). (Vid. Fibula.) 
PERPENDI'CULUM, the line and plummet, was 
used by bricklayers, masons, and plasterers, in an- 
cient times, as it has been ever since. 9 The ety- 
mology of the name is obvious, and explains the 
construction of the instrument. With the addition 
of a frame fixing two points equidistant from the 
apex, as it appears on the tomb represented at p. 
252, it also served the purpose of a level. ( Vid. 
Libra, Paries.) 

PERPE'TUA ACTIO. (Vid. Actio, p. 18.) 
*PERS^EA (nepaala), according to Prosper Alpi- 
nus, the tree which produces the Sebesten Plums. 
Linnaeus gives it the name of Cordia myxa. 10 

*PERSICA MALA (IlepaiKa /xijXa), according to 
Matthiolus and Nonnius, Peaches ; but, as Adams 
remarks, there is a considerable degree of uncer- 
tainty on this head. Stackhouse sets down the 
\L-r\kka UepGLKj] of Theophrastus as a variety of the 
Citrus aurantium, or Orange. " Seth," remarks 
Adams, " calls the Persica by the name of Rhoda- 
cina (podaiuva). He says that they are cooling, di- 
luent, and laxative, but difficult to digest. If not 
the same as the modern Peach, the Persica was 
evidently a fruit nearly allied to it." 11 

PERSO'NA (larva, irpoouTvcv or irpoauTrelov), a 
Mask. Masks w T ere worn by Greek and Roman 
actors in nearly all dramatic representations. This 
custom arose undoubtedly from the practice of 
smearing the face with certain juices and colours, 
and of appearing in disguise at the festivals of Di- 
onysus. (Vid. Dionysia.) Now, as the Greek 
drama arose out of these festivals, it is highly prob- 
able that some mode of disguising the face was as 
old as the drama itself. Chcerilus of Samos, how- 
ever, is said to have been the first who introduced 
regular masks. 13 Other writers attribute the inven- 
tion of masks to Thespis or ^Eschylus, 13 though the 
latter had probably only the merit of perfecting and 
completing the whole theatrical apparatus and cos- 
tume. Phrynichus is said to have first introduced 
female masks. 14 Aristotle 15 was unable to discover 
who had first introduced the use of masks in come- 
dy. Some masks covered, like the masks of mod- 
ern times, only the face, but they appear more gen- 
erally to have covered the whole head down to the 
shoulders, for we find always the hair belonging to 
a mask described as being a part of it ; and this 
must have been the case in tragedy more especially, 

1. (Virg., ./En., vii., 690.— Brunck, Anal., j., 230.)— 2. (Pers., 
v., 102.)— 3. (Juv., xiv., 186.)— 4. (Theocr., vii., 26.)— 5. (Galen, 
in Hippocr., lib. iv )— 6. (Sid. Apollin., Epist., iv., 20.) — 7. (Ly- 
coph., 839.)— 8. (Brunck, Anal., iii., 206.)— 9. (Cic. ad Q. Frat., 
iii., 1. — Vitruv., vii., 3, i) 5. — Plin., H. N., xxxv., 49; xxxvi.,22, 
s. 51. — Apul., De Deo Socr., p. 150, ed. Aldi.) — 10. (Dioscor., 
i., 187. — Adams, Append., s. v.) — 11. (Dioscor., i., 164. — 
Theophr., H. P., iv., 4.— Adams, Append., s. v.) — 12. (Suidas, 
s. v. XojpjAAo?.)— 13. (Horat. sA Pis., 27G.)— 14. fSuidas, s. v. 
*pvviXos-)— 15- (Poet., ii.,22 ) 
758 



as it was necessary to make the head correspond 
to the stature of an actor which was heightened by 
the cothurnus. 

I. Tragic Masks. — It may at first seem strange 
to us, that the ancients, with their refined taste in 
the perception of the beautiful in form and expres- 
sion, should by the use of masks have deprived the 
spectators in their theatres of the possibility of ob- 
serving the various expressions of which the human 
face is capable, and which, with us, contribute sc 
much to theatrical illusion. But it must be remem- 
bered, that in the large theatres of the ancients it 
would have been impossible for the greater part of 
the audience to distinguish the natural features of 
an actor. The features of the masks were, for this 
same reason, very strong and marked. Again, the 
dramatis persona? of most of the ancient tragedies 
were heroes or gods, and their characters were so 
well known to the spectators that they were per- 
fectly typical. Every one, therefore, knew imme- 
diately, on the appearance of such a character on 
the stage, who it was, ;.nd it would have been dif- 
ficult to a Greek audience to imagine that a god or 
hero should have had a face like that of an ordinary 
actor. The use of the cothurnus also rendered a 
proportionate enlargement of the countenance ab 
solutely necessary, or else the figure of an actoi 
would have been ridiculously disproportionate. Last- 
ly, the solemn character of ancient tragedy did 
not admit of such a variety of expressions of the 
countenance as modern tragedies, the object of 
which seems to be to exhibit the whole range of 
human passions in all their wild and self-devouring 
play. How widely different are the characters of 
ancient tragedy ! It is, as Miiller 1 justly remarks, 
perfectly possible to imagine, for example, the Ores- 
tes of ^Eschylus, the Ajax of Sophocles, or the Me- 
dea of Euripides, throughout the whole tragedy with 
the same countenance, though it would be difficult 
to assert the same of a character in any modern 
drama. But there is no necessity for supposing 
that the actors appeared throughout a whole piece 
with the same countenance ; for, if circumstances 
required it, they might surely change masks during 
the intervals between the acts of a piece. Wheth- 
er the open or half-open mouth of a tragic mask 
also contributed to raise the voice of the actor, as 
Gellius 2 thinks, cannot be decided here, though we 
know that all circumstances united to compel a 
tragic actor to acquire a loud and sonorous voice. 

The masks used in ancient tragedies were thus, 
for the most part, typical of certain characters, and, 
consequently, differed according to the age, sex, 
rank, and other peculiarities of the beings who 
were represented. Pollux, from whom we derive 
most of our information on this subject, enumer- 
ates 3 25 typical or standing masks of tragedy, six 
for old men, seven for young men, ten for females, 
and three for slaves. The number of masks which 
were not typical, but represented certain individu- 
als with their personal peculiarities, such as the 
blind Thamyris, the hundred-eyed Argus, &c.,must 
have been much more numerous, for Pollux, by way 
of example, mentions thirty of such peculiar masks. 
The standing masks of tragedy are divided by Pol- 
lux into five classes. 

1. Tragic masks for old men. — The mask for the 
oldest man on the stage was called Zvpiac avija,* 
from the circumstance of the beard being smoothly 
shaved. The hair, which was in most cases at- 
tached to the masks, was white, and hung down, 
with the exception of a part above the forehead, 
which rose in an acute angle or in a round shape, 
and left the temples uncovered. This rising part 

1. (Hist, of the lit. of Anc Greece, i., p. 298.)— 2. (v., 7 >-t 
(iv., 13*, &c ) 



PERSONA. 



PERSONA. 



ot tne nair was called bynoe. The cheeks of this 
mask were flat, and hanging downward. A second 
mask for old men, called Xevkoc avfip, had gray hair, 
floating around the head in locks, a full beard, and 
a prominent forehead, above which the hair formed 
a small oynoe. The countenance was probably 
pale, as the adjective "kevnoc seems to indicate. A 
third mask, called (nraproTroXioc, had black hair in- 
terspersed with gray, and was somewhat pale. It 
probably represented a hero of from 40 to 50 years 
of age, and in a suffering condition. The fourth 
mask, /niXac avrjp, represented a hero in his full 
vigour, with black and curly hair and beard, strong 
features, and a high oynoc. This was probably the 
mask for most of the tragic heroes who were not 
very much advanced in age. For a secondary class 
of heroes there were two other masks, the t-avdoc 
and the S-avdorepoe avrjp : the former represented a 
fair man with floating locks, a low oynoc, and a good 
colour in his countenance ; the second, or fairer 
man, was pale, and of a sickly appearance. 

2. Tragic masks for young men. — Among these 
are mentioned, 1. The veavioKoc Trdyxpnoroc, a mask 
intended to represent a man who had just entered 
the age of manhood, and was yet unbearded, but of 
a blooming and brownish complexion, and with a 
rich head of hair. The name -Kdyxpnaroq probably 
indicates that the masks might be used in a great 
variety of parts. 2. The veavicKog ovXoc, or t-avdoc, 
or vnepoynoc, a fair youth of a haughty or impudent 
character ; his hair was curly, and formed a high 
oynoc : his character was indicated by his raised 
eyebrows. 3. Ntavionoc irdpov'koc resembled the 
preceding mask, but was somewhat younger. The 
counterpart of these two was, 4. The diraKoc, a 
young man of a delicate and white complexion, with 
fair locks and a cheerful countenance, like that of a 
youthful god. 5. Hivapoc. There were two masks 
of this name, both representing young men of an 
irascible appearance, of yellow complexion and fair 
hair; the one, however, was taller and younger, 
and his hair was more curly than that of the other. 
6. 'Qxpoc, a mask quite pale, with hollow cheeks, 
and fair, floating hair. It was used to represent 
sick or wounded persons. 7. The irdpuxpoc might 
be used for the -Kdyxprioroc if this character was to 
be represented in a suffering or melancholy situa- 
tion. 

3. Tragic masks for male slaves. — Pollux men- 
tions three, viz. : the 6i<pdepiac, which had no oynoc, 
and wore a band round the smooth white hair. The 
countenance was pale, the beard gray, the nose 
sharp, and the expression of the eyes melancholy. 
The oQnvoTruyuv, or the pointed beard, represented 
a man in his best years, with a high and broad fore- 
head, a high oynoc, hardened features, and a red face. 
The avdoLfioc, or the pug-nose, was an impudent 
face, with fair, rising hair of a red colour, and with- 
out beard. 

4. Tragic masks for female slaves. — Of these five 
specimens are mentioned, viz. : the To2.ia nardnnfioc, 
in earlier times called Kapdxpiofioc, represented an 
old woman with long white hair, with noble but 
pale features, to indicate a person who had seen 
better days ; the ypaidiov elevdepov, an old freed- 
woman ; the ypaidiov olnermov, the old domestic 
slave ; the oinerindv fieaonovpov, a domestic slave 
of a middle age ; and, lastly, the dupdeplric, a young 
female slave. 

5. Tragic masks for free women. — The first of 
these, called nardnofioc, represented a pale lady, with 
long black hair, and a sad expression in her counte- 
nance. She generally shared the sufferings of the 
principal hero in a play. The second, called fieao- 
Kovpoc £>xpd, resembled the former, with the excep- 
tion that her hair was half shorn. She was a wom- 



an of middle age, and was probacy intended to rep- 
resent the wife of the chief hero, if he was net too 
advanced in age. The third is the fieaonovpoc irpdr- 
<j>aroc, representing a newly-married woman in fuli 
bloom, \vith long and floating hair. The fourth is 
the Kovpifioc nupdevoc, a maiden of mature age, with 
short hair divided on the middle of the forehead, and 
lying smoothly around the head. The colour of her 
countenance was rather pale. There was anothei 
mask of the same name, but it differed from the for- 
mer by the following circumstances : the hair was 
not divided on the forehead or curled, but wildly 
floating, to indicate that she had much suffering to 
go through. The last is the nopv, or young giri 
This mask represented the beauties of a maiden's 
face in their full bloom, such as the face of Danae, 
or any other great beauty was conceived to have 
been. 

The account which Pollux gives of the tragic 
masks comprehends a great number, but it is small 
in comparison with the great variety of masks which 
the Greeks must have used in their various trage- 
dies, for every hero and every god who was known 
to the Greeks as a being of a particular character, 
must have been represented by a particular mask, 
so that the spectators were enabled to recognise 
him immediately on his appearance. For this very 
reason, the countenances of the gods, heroes, and 
heroines must, in point of beauty, have been as sim 
ilar as possible to their representations in statues 
and paintings, to which the eyes of the Greeks were 
accustomed ; and the distorted masks, with widely 
open mouths, which are seen in great numbers 
among the paintings of Herculaneum and Pompeii 
(see the annexed woodcut from Museo Hot bon ' >, 
would give but a very 
inadequate notion of the 
masks used at Athens 
during the most flour- 
ishing period of the arts. 
All the representations 
of tragic masks belong- 
ing to this period do 
not show the slightest 
trace of exaggeration or distortion in the features 
of the countenance, and the mouth is not opened 
wider than would be necessary to enable a person 
to pronounce such sounds as oh or ha. In later 
times, however, distortions and exaggerations were 
carried to a very great extent, but 
more particularly in comic masks, 
so that they, in some degree, were 
more caricatures than represent- 
ations of ideal or real countenan- 
ces. 2 

The annexed woodcut repre- 
sents some masks, one apparently 
comic and the other tragic, which 
are placed at the feet of the choragus in the cele- 
brated mosaic found at Pompeii. 3 

II. Comic Masks. — In the old Attic comedy, in 
which living and distinguished persons were so of- 
ten brought upon the stage, it was necessary that 
the masks, though to some extent they may have 
been caricatures, should in the main points be faith- 
ful portraits of the individuals whom they were in- 
tended to represent, as otherwise the object of the 
comic poets could not have been attained. The 
chorus, on the other hand, as well as certain fan- 
tastic dramatis personam, rendered sometimes a com- 
plete masquerade necessary; as in those cases when 
the choreutae appeared with the heads of birds or 





1. (vol. i., tab. 20 )— 2 (Apollon., Vit. Apollon., v., 9, p. 195, 
ed. Olear.— Lucian, De Saltat., 27.— Anach.. 23.— Nigrin , 11.— 
Somn. s. Gall., 26.)— 3. (Museo Borbon., vol. ii., tab. 56 — Cell, 
Pomp., vol. i., pi. 45.) 

759 



PERSONA 



PERSONA 



of frogs, &c. "We may remark here, by the way, 
that the chorus of tragedy appeared generally with- 
out masks, the Eumenides of iEsc'hylus being prob- 
ably only an exception to the general rule. The 
nasks of the characters in the old Attic comedy 
%vere therefore, on the whole, faithful to life, and 
free from the burlesque exaggerations which we see 
in the masks of later times. A change was made 
in the comic masks when it was forbidden to rep- 
resent in comedy the archon by imitating his person 
upon the stage, 1 and still more, shortly after, by the 
sxtension of this law to all Athenian citizens.' The 
consequence of such laws was, that the masks 
henceforth, instead of individuals, represented class- 
es of men, i. e., they were masks typical of men of 
certain professions or trades, of a particular age or 
station in life, and some were grotesque caricatures. 
A number of standing characters or masks was thus 
introduced in comedy. Pollux gives a list of such 
standing masks, which are divided, like those of 
tragedy, into five classes. 

1. Comic masks for old men. — Nine masks of this 
class are mentioned. The mask representing the 
oldest man was called -nd-mrog Trpurog: his head was 
shaved to the skin, he had a mild expression about 
his eyebrows, his beard was thick, his cheeks hol- 
low, and his eyes melancholy. His complexion 
was pale, and the whole expression of the counte- 
nance was mild. 2. The irdKiroc Zrepog was of a 
more emaciated and more vehement appearance, 
sad and pale ; he had hair on his head and a beard, 
but the hair was red and his ears broken. 3. The 
qyefiuv, likewise an old man, with a thin crown of 
hair round his head, an aquiline nose, and a flat 
countenance. His right eyebrow was higher than 
the left. 4. The izpea^v-rjc had a long and floating 
beard, and likewise a crown of hair round his head; 
his eyebrows were raised, but his whole aspect was 
that of an idle man. 5. The kpfiuvEtog was bald- 
headed, but had a beard and raised eyebrows, and 
was of angry appearance. 6. The nopvodocnoc re- 
sembled the mask called TiVKOfirjdEiog, but his lips 
were contorted, the eyebrows contracted, and the 
head without any hair. 7. The kpfxuvEiog devrspoc 
had a pointed beard, but was otherwise without 
hair. 8. The a§r\voixCiyuv, or pointed beard, was 

likewise bald-headed, had ex- 
tended eyebrows, and was look- 
ing ill-tempered. 9. The Iv- 
KOjj.rjd£toQ had a thick beard, 
was conspicuous on account 
of his long chin, and the form 
of his eyebrows expressed great 
curiosity. 
The annexed comic mask, 

representing an old man, is taken from the Museo 

Borbon. 3 

2. Comic masks for young men. — Pollux enumer- 
ates ten masks of this kind : 1. The Trdyxpncroc 
formed the transition from the old to the young 
men; he had but few wrinkles on his forehead, 
showed a muscular constitution (yvfivaariitog), was 
rather red in the face, the upper part of his head 
was bald, his hair was red, and his eyebrows raised. 
2. The vea.vloK.oc /j.e?iae was younger than the pre- 
ceding one, and with low eyebrows. He represent- 
ed a young man of good education, and fond of 
gymnastic exercises. 3. The vsaviaKog oi>?<,oc, or 
the thick-haired young man, was young and hand- 
some, and of a blooming countenance, his eyebrows 
were extended, and there was only one wrinkle 
upon his forehead. 4. The veavionog drcaXor, his 
hair was like that of the Trdyxpnarog, but he was 

I. (Schol. ad Aiistoph., Nub., 31.)— 2. (Schol. ad Aristoph., 
Ach , 1149 ; A", 1297.--Suidas, s. v. 'Avr/uaYO^.)— 3. (vol. i., 
uh A.) 

"60 




the youngest of all, and represented a tender youU 
brought up in seclusion from the world. 5. The 
aypoiKoc, or rustic young man, had a dark complex- 
ion, broad lips, a pug-nose, and a crown of hair round 
his head. e 6. The eiriaeiaroc orparLurng, or the for- 
midable soldier, with black hair hanging over his 
forehead. 7. The kniaELCTog devrepoc was the same 
as the preceding, only younger and of a fair com- 
plexion. 8. The /cdAo|, or the flatterer ; and, 9. The 
irapuoLTog, or parasite, were dark, 1 and had aquiline 
noses. Both were apparently of a sympathizing 
nature ; the parasite, however, had broken ears, 
was merry-looking, and had a wicked expression 
about his eyebrows. 10. The duovuiog represented 
a stranger in splendid attire, his beard was shaved, 
and his cheeks pierced through. The acKeXiKog was 
another parasite. 

3. Comic masks for male slaves. — Of this class 
seven masks are mentioned : 1. The mask repre- 
senting a very old man was called ira7nrog, and had 
gray hair, to indicate that he had obtained his lib- 
erty. 2. The riyefiuv -QepuTtuv had his red hair plat- 
ted, raised eyebrows, and a contracted forehead. 
He was among slaves the same character as the 
irpeoSvTTjg among freemen. 3. The kutcj Tpi%iug or 
kuto) Ttrpix^iiivog was half bald-headed, had red 
hair and raised eyebrows. 4. The ovlog dtcK-ruv, 
or the thick-haired slave, had red hair and a red 
countenance ; he was without eyebrows, and had 
a distorted countenance. 5. The tiepdnuv fxiaog 
was bald-headed and had red hair. 6. The depu- 
nuv Tern!; was bald-headed and dark, but had two 
or three slips of hair on his head and on his chin, 
and his countenance was distorted. 7 The e-ki- 
oeioTog rjyefiuv, or the fierce-looking slave, resem- 
bled the rjyefiuv tiepuKuv, with the exception of tho 
hair. 

4. Comic masks for old women. — Pollux mentiorjs 
three, viz. : the ypaidcov laxvov or Tlvkcliviov, a tall 
woman with many but small wrinkles, and pale but 
with animated eyes ; the naxeia ypavg, or the fas 
old woman with large wrinkles, and a band round 
her head keeping the hair together ; and the ypat- 
dtov oUovpov, or the domestic old woman. Her 
cheeks were hollow, and she had only two teeth on 
each side of her mouth. 

5. Comic masks for young icomcn. — Pollux men- 
tions fourteen, viz. : 1. The yvvrj Iektlut], »/r the 
talkative woman ; her hair was smoothly combed 
down, the eyebrows rather raised, and the complex- 
ion white. 2. The yvvrj ovl-n was only distinguish- 
ed for her fine head of hair. 3. The nopw had her 
hair combed smoothly, had high and black eyebrows, 
and a white complexion. 4. The fevdoKopn had a 
whiter complexion than the former, her hair was 
bound up above the forehead, and she was intended 
to represent a young woman who had not been mar- 
ried more than once. 5. Another mask of the same 
name was only distinguished from the former by 
the irregular manner in which the hair was repre- 
sented. 6. The G7rapTo~6?,iog 2.ektiktj, an elderly 
woman who had once been a prostitute, and whose 
hair wa^ partly gray. 7. The izaXkanrj resembled 
the former, but had a better head of hair. 8. The 
te/^eiov haLpiKov was more red in the face than the 
TpEvSoKopn, and had locks about her ears. 9. The 
Eraipidiov was of a less good appearance, and wore 
a band round the head. 10. The dtdxpvoog iraipa 
derived the name from the gold with which her 
hair was adorned. 11. The didfurpog iraipa, from 
the variegated band wound around her head. 12. 
The ?M/Lnrd6iov, from the circumstance of her hair 
being dressed in such a manner, that it stood up- 
right upon the head in the form of a lampas. 13. 

1. (Compare Athen., vi., p. 237.) 



PfTftaUixA. 



PES. 



The avpa -nepUovpog represented a female slave 
.lew y bought, and wearing only a white chiton. 14. 
The TrapafTjijicoTov was a slave distinguished by a 
pug-nose and her hair : she attended upon hetaarae, 
and wore a crocus-coloured chiton. 

Numerous as these masks are, the list cannot by 
any means be considered as complete, for we know 
thai there were other standing masks for persons 
following particular kinds of trade, which are not 
mentioned in Pollux. Mason of Megara, for exam- 
ple, is said to have invented a peculiar mask, called 
after his own name /laicwv, another for a slave, and 
a third to represent a cook. 1 From this passage 
of Athenaeus we also learn that Stephanus of By- 
zantium wrote a work rrepi irpoauirov. 

Hi. Masks used in the Satyric Drama. — The 
masks used in this species of the Greek drama 
were intended to represent Satyrs, Silenus, and 
similar companions of Dionysus, whence the ex- 
pressions of the countenances and form of their 
heads may easily be imagined. Pollux only men- 
tions the gray-headed Satyr, the unbearded Satyr, 
Silenus, and the -ku-kttoc, and adds that the charac- 
ters of all the other Satyric masks either resembled 
these, or were sufficiently expressed la their names, 
e. £\, the Papposilenus was an old man with a very 
predominant animal character. 2 A grotesque mask 
of a Satyr, together with one of the finest speci- 
mens of a tragic mask, is contained in the Townly 
Gallery in the British Museum, and is represented 
below. 



eral modern editions of that poet, as in the edition 
published at Urbino in 1726, fol., and in that oi 
Dacier. The cut annexed contains representations 
of four of these masks prefixed to the Andria 




As regards the earliest representations of tne 
regular drama among the Romans, it is expressly 
stated bj Diomedes 3 that masks were not used, but 
merely tie galerus or wig, and that Roscius Gallus, 
about the year 100 B.C., was the first who intro- 
duced the use of masks. It should, however, be 
remembered, that masks had been used long be- 
fore that time in the Atellanae,* so that the innova- 
tion of Roscius must have been confined to the reg- 
ular drama, that is, to tragedy and comedy. As 
for the forms of Roman masks, it might be pre- 
sumed that, being introduced from Greece at so 
late a period, they had the same defects as those 
used in Greece at the time when the arts were in 
their decline, and this supposition is confirmed by 
all works of art, and the paintings of Herculaneum 
and Pompeii, in which masks are represented ; for 
the masks appear unnaturally distorted, and the 
mouth always wide open. The expressions of Ro- 
man writers also support this supposition. 5 We 
may mention here that some of the oldest MSS. of 
Terence contain representations of Roman masks, 
and from these MSS. they have been copied in sev- 




When actors at Rome displeased their audience 
and were hissed, they were obliged to take off their 
masks ; but those who acted in the Atellanae were 
not obliged to do so. l The Roman mimes never 
wore masks. (Vid. Mimus.) 2 

PE'RTICA, the pole used by the Agrimensores, 
was also called Decempeda because it was ten feet 
long. On account of its use in assigning lands to 
the members of a colony, it is sometimes represent- 
ed on medals by the side of the augurial plough. 3 

PES (irovg), a Foot. The Greeks and Romans, 
like most other nations, took their standards of 
length originally from the different parts of the hu- 
man body, and the names which were thus given 
to the measures were retained after the measures 
themselves had been determined with greater nicety. 
The foot was the basis of their whole system of 
measures of length ; and as the value of the Greek 
foot is easily obtained when that of the Roman is 
known, it will be convenient to notice the latter 
first. 

I. The Roman foot. — There are five different 
ways of determining the length of the Roman foot. 
These are, 1 . From ancient measures still in exist- 
ence ; 2. From measurements of known distances 
along roads ; 3. From measurements of buildings ; 
4. From the contents of certain measures of capa 
city ; and, 5. From measurements of a degree on 
the earth's surface. 

1. It might appear, at first thoughts, that ancient 
measures in actual existence would at once give 
the required information. But these measures are 
found to differ among themselves. They are of 
two kinds, foot-measures cut upon gravestones, 
and brass or iron measures, intended, in all proba- 
bility, to be used as measures. From the nature of 
the case, the latter would probably be more exact 
than the former, and, in fact, the measures on the 
gravestones are rudely cut, and their subdivisions 
are of unequal length, so that they have no preten- 
sions to minute accuracy ; but, on the other hand, 
it would be absurd to suppose that they would have 
been made very far wrong. We may safely con- 
clude that they would, have about as much accuracy 
as a measure hastily cut on stone by a mason from 
the foot-rule used by him in working. Four such 
measures are preserved in the Capitol at Rome. 
They are called the Statilian, Cossutian, JEbutian, 
and Capponian feet. They have been repeatedly 
measured, but, unfortunately, the different measure- 
ments gave different results. The brass and iron 
foot-rules, of which several exist, do not precisely 
agree in length. There was anciently a standard 
foot-measure kept in » -e Capitol, called the pes mo- 
nctalis, which was probably lost at the burning of 
the Capitol under Vitellius or Titus. 

2. The itinerary measurements are of two kinds, 
according as they are obt lined by measuring the 
distance from one place to another, or the dis- 



1. (Atlien., xiv., p. 659J— 2. (Compaie Eichstadt, De Dram- 
•te Comico-Satyrico, p. 81.)— 3. (iii., p. 486, ed. Putsch.) — 4. 
(Fe*t, s. v. Personata.)— £ (Gcll., v., 7 — Juv., iii., 175.) 
5D 



1. (Festus, s. v. Personata Fabula — Macrob., Sat., ii., 7.)— 2 
(Compare Fr. De Ficoroni, Disserta'io De larvia scenicis et fig 
uris comicis ant. Rom., Rome, 1736 and 1750, 4to.— Fr. Stiev6 
Dissertatiode rei scenicaeapud Rorm »xos Orijrine.) — 3. (Propert 
IV., i., 30. ) 

761 



PES. 



PES. 



tance from one milestone to another on a Roman 
road. Both methods have the advantage of the 
diminution of error which always results from de- 
termining a lesser magnitude from a greater, but 
both are subject to uncertainty from turnings in 
the road, and from the improbability of the mile- 
stones having been laid down with minute accu- 
racy ; and two other serious objections apply to the 
former n.Dde, namely, the difficulty of determining 
the poiR ;s where the measurement began and ended, 
and the changes which may have taken place in the 
direction of the road. Both methods, however, 
have been tried ; the former by Cassini, who meas- 
ured the distance from Nimes to Narbonne, and by 
Riccioli and Grimaldi, who measured that between 
Modena and Bologna, and the latter by Cassini, be- 
tween Aix and Aries. 

3. The measurement of buildings is rather a ver- 
ification of the value of the foot as obtained from 
other sources than an independent evidence. It 
very seldom happens that we know the number of 
ancient feet contained in the building measured. 
We have one such example in the Parthenon, 
which was called Hecatompedon (hundred-footed) 1 
from the width of its front ; but even in this case 
we cannot tell exactly, till we know something of 
the length of the Greek foot, to what precise part 
of the front this measurement applies. Again, 
there is the obelisk in the Piazza del Popolo at 
Rome, and the Flaminian obelisk, the heights of 
which are given by Pliny. 2 But the actual heights 
of these obelisks, as compared with Pliny, would 
give a value for the foot altogether different from 
that obtained from other sources. Indeed, the num- 
bers in Pliny are undoubtedly corrupt. An inge- 
nious emendation by Stuart would remove the dif- 
ficulty ; but it is obvious that a passage which re- 
quires a conjectural emendation cannot be taken 
as an independent authority. There is another 
mode of deducing the value of the foot from build- 
ings, of the dimensions of which we have no infor- 
mation. The building is measured, and the length 
thus obtained is divided by the supposed value of 
the ancient foot (as derived from other evidence) ; 
and if a remainder be left, this value of the foot is 
corrected so that there may be no remainder. It 
is assumed in this process that no fractions of feet 
were allowed in the dimensions of the building, and 
also that the plans were worked out with the most 
minute exactness, both of which assumptions are 
not very probable. In fact, these measurements 
have given different values for the foot. " Modern 
architects," says Mr. Hussey, " do not allow that 
such calculations could be depended on in modern 
buildings, for determining the true length of the 
measures by which they were planned. Nor are 
the dimensions of the parts of buildings of the Mid- 
dle Ages in our own country, as Gothic churches 
and cathedrals, found to agree exactly, so as to 
give whole numbers of the standard measure." On 
the other hand, these measurements, like those on 
roads, have the advantage of involving, in all prob- 
ability, very small errors, and of the diminution of 
the error by division. 

4. Villalpando and Eisenschmidt have attempted 
to deduce the length of the Roman foot from the 
solid content of the congius of Vespasian. ( Vid. 
Congius.) Since the congius was the eighth of the 
amphora, and the content of the amphora was a 
cubic foot {vid. Amphora), the process is to multi- 
ply the content of the congius by 8, and extract the 
cube root of the product. But this process is very 
uncertain. First, there is a doubt about the con- 
tent of the congius itself (vid. Libra) ; then it is 
hardly to be supposed that the content of the con- 

1. (riutarch, Pericl., 13 ; Cato, 5.)— 2. (H. N., xxxvi., 9.) 
762 



gius was actually adapted with perfect accuracy U 
the length of the foot ; and, lastly, there is a farthei 
risk of error in reversing this process. 

5. Some French geographers, and especially M. 
Gosselin, have supposed that the ancient astrono- 
mers were acquainted with the dimensions of a 
great circle of the earth, and that they founded 
their whole system of measures on the subdivisions 
of such a circle. The results of M. Gosselin's cal- 
culations agree well with those derived from other 
sources. But we need better evidence than this 
agreement to convince us that both the Greeks and 
Romans, at a very early period, formed a system 
of measures on such scientific principles ; and it is 
incredible that, if such a system had really exist- 
ed, there should be no allusion to it in any of the 
ancient geographers. 

The average values of the Roman foot, obtained 
from these various sources, in terms of the English 
foot, are the following : 

1. From ancient measures -9718 

2. From itinerary measurements . . -97082 

3. From measurements of buildings . -96994 

4. From the congius -9832 

5. From the length of a degree . . . -9724 
of which the first three are the most to be depend- 
ed on ; and of those three the average is -9708, or 
116496 inches, or 1H -1496 inches, which we may 
take as the probable value of the Roman foot. 

Cagnazzi, whose researches are said by Niebuhr 
to have placed the true value of the Roman foot be- 
yond a doubt, 1 gives it a greater length than the 
above, namely, -29624 of a metre = 9722 of a foot : 
but this calculation is objected to by Bockh, as be 
ing derived by a process not perfectly true from the 
value of the pound, and as being confirmed only by 
one existing measure, and also as being at variance 
with the value of the Greek foot, obtained from 
independent sources. 2 Bockh's own calculation 
which agrees with that of Wurm, gives a value 
very little less than the above, namely, 131-15 Paris 
lines =9704649 of the English foot =116456 
inches. 

The Romans applied the uncial division (vid. As, 
to the foot, which thus contained 12 uncia, whence 
our inches ; and many of the words used to express 
certain numbers of uncia? are applied to the parts 
of the foot. 3 It was also divided into 16 digiti (fin- 
ger-breadths) : this mode of division was used es- 
pecially by architects and land-surveyors, and is 
found on all the foot-measures that have come down 
to us. Pollex (the thumb), which is used in modern 
Latin for an inch, is not found in the ancient writers, 
but Pliny* uses the adjective pollicaris (of a thumb's 
breadth or thickness). Palmus (a hand-breadth) 
was the fourth part of the foot, containing 4 digiti 
or 3 uncise. There seems also to have been a larger 
palmus of 12 digiti or 9 uncise. 5 

The following measures were longer than the 
foot. Palmipes, that is, palmus et pes, 1\ feet, or 
15 inches ; cubitus, l£ feet, is seldom used in Latin 
except as a translation of the Greek nf/xvc.. (Vid. 
Cubitus.) Ulna (the arm) is used by later writers 
as equivalent to cubitus; but it was properly the 
translation of the Greek bpyvid : Pliny uses it for 
the whole length of the outstretched arms from fin- 
ger to finger. 6 From the analogy of the as we have 
also dupondium for 2 feet, 7 and pes sestertius for 2£ 
feet. 8 Passus (a pace), 5 feet. 9 Mille pas sus, 5000 
feet, or a mile. (Vid. Milliarium.) Gradus, =£ 
passus. Leuga or Leuca was a Gallic measure = 

1. (Hist, of Rome, ii., p. 407.)— 2. (Metrolog. Untersuch , p. 
197.)— 3. (Veget., De Re Milit., i.,5 — Plin., H.N., xxvii.,5, 11 , 
xiii., 15.)— 4. (H. N., xxvii.,9; xv., 24 ; xiii.,23.)— 5. (PJin.H 
N., xxi., 26.)— 6. (II. N., xvi., 32, 40.— Compare Sen ad Virg., 
Eel., iii., 105.)— 7. (Colum., iii., 15, &c.)— 8. (Ltg xii. Tat/., 
tab. viii.) — 9. (Vitruv., x., 14.— Colum., v., 1.) 



PES. 



PES. 



iv»UO passus or H miles. 1 Stones are still found on 
i;he roads in France with distances marked on them 
in Laiga. Deccmpeda, a pole (pertica) 10 feet long, 
was used in measuring land. 2 Actus, 12 decem- 
pedae, or 120 feet. (Vid. Actus.) The following 
tables exhibit the Roman measures of length, with 
their values in English feet and inches a 

1. Ordinary Measures. 

Pedes. Feet. Inches. 

Digitus f F 7281 

Uncia -L -9708 

Palmus i 29124 

Pes 1 116496 

Palmipes U 1 2 5620 

Cubitus H 1 54744 

2. Land Measures. 

Pedes. Tards. Feet. Inches. 

Pes 1 116496 

Gradus .... 2£ 2 5124 

Passus .... 5 11 10248 

Decempeda ... 10 3 8496 

Actus 120 38 2 5952 

Mille Passus { _ nnft fi „ 

or Milliarium { • ■ 5000 1618 

The square foot (pes quadratus) is called by Fron- 
tinus constratus, and by Boethius contractus. Fron- 
tinus applies the term quadratus to the cubic foot. 
The principal square measure was the jugerum of 
240 feet by 120. (Vid. Jcgsrcm.) 

Some have concluded, from the measurements of 
buildings, that the foot was slightly reduced about 
the time of Domitian, which Wurm accounts for 
by supposing that the pes monetalis, after being de- 
stroyed in the fire under Titus, was restored by Do- 
mitian in a careless manner. Both the fact and the 
explanation, however, appear to be very doubtful. 

II. The Greek foot. — We have no ancient measures 
by which to determine the length of the Greek foot, 
but we have the general testimony of ancient wri- 
ters that it was to the Roman in the ratio of 25 : 24. 
The Greek stadium, which contained 600 Greek 
feet, is said by Roman writers to contain 625 Ro- 
man feet ; and also a Roman mile, or 5000 feet, 
was reckoned equal to 8 Greek stadia, or 4800 feet ; 
both of these calculations give the above ratio of 
25 : 24. s If, therefore, the Roman foot was -9708 
of the English, the Greek foot was equal to 1 01 125 
feet, or 12135 inches. 

This value is confirmed by the measurement 
of the Parthenon. " Stuart,"* says Mr. Hussey, 
" measured the upper step of the basement of the 
Parthenon, which is the platform on which the pil- 
lars stand, and is exactly that part of the building 
where we should expect that the measure would 
have been taken if the name Hecatompedon was 
really given to it on account of the dimensions. He 
found the width of the front to be 101 feet 17 inch- 
es, the length of the side 227 feet 705 inches ; and 
since these two quantities are very nearly in the ra- 
tio of 100 to 225, he inferred that the two sides 
really contained these two numbers of feet. From 
this he calculated the value of the foot, from the 
front 12137 inches, from the side 12138 inches: 
of which the greatest exceeds the value given above 
by only 003 of an inch." Other measurements of 
the Parthenon and of other buildings at Athens tend 
to the same result. 

Strabo, however, 5 quotes from Polybius a calcu- 
lation which would make the Greek and Roman 
foot equal, but it is perfectly clear that there is a 
mistake in this statement. Plutarch again 6 says 
expressly that the mile is a little less than 8 stadia, 

1. lAmmian. Marc, xvi., 12.— Itin. Antonin.)— 2. (Cic, Pro 
Mil., c. 27.— Pallad., ii., tit. 12.;— 3. (Plin., II. N., ii., 23, 108. 
— Colum., v., 1.— Polvb.. iii., 39.— Strabo, p. 322.)— 4. (Antiq. 
»th . ii., p. 8.)— 5. (p. 322.)— 6. (C. Gracch., 7.) 



which would give a rather smaller ratio than that 
of 24 : 25 for the ratio of the Roman to the Greek 
foot. It is on the authority of this passage thai 
Bockh gives the value above mentioned for the Ro- 
man foot. If, according to the supposition already 
noticed, a slight diminution took place in the Ro 
man foot, this would account for the difference 
But perhaps we ought not to consider this solitary 
passage of sufficient weight to influence the calcu- 
lation. 

The Greeks used different standards at different 
places and at different times. The foot which gen- 
erally prevailed over Greece was that by which the 
stadium at Olympia was measured (vid. Stadium). 
which was the one we have been speaking of, and 
which was therefore the same as that used at Ath- 
ens in her best days. Hyginus 1 mentions this foo> 
as being used in Gyrene under the name of Ptole 
meius. 

The following table represents the parts andmul 
tiples of the Greek foot : 

UoSeS- Yards. Feet. Inches. 

6a.KTv7.og . . j!g- '7584 

n6vdv?iOc_ . -| 15168 

7ia?MiGTr} . . + 3 0336 

7,L X dc ... £ 60672 

opBodupov . . | 7-584 

omdaprj . . . | 9 1008 

770V? ... 1 1 0-135 

TTvyfij ... 1^ 1 16512 

nvvcjv H 1 3168 

ttj/XVC . . . H 1 6-2016 

/%a . . . 2$ 2 6-336 

Zvlov . . . 4J 4 6 6048 

bpyvtd ... 6 6 081 

/cuZc/zo? ... 10 10 1 35 

upjia .... 60 20 81 

nXedpov . 100 33 2 15 

ordiiov . . 600 202 9 

6iavloe . . 1200 404 1 6 

The 6uKTv?>og (a finger-breadth) answers to t;je 
Roman digitus : the Kovdvloc (knuckle) was 2 finger- 
breadths : the 7Ta?MiaTv, which was also called the 
Tralairj-ijc, dupov, &ox\if], or da*.Tv?.od6xfJ.n, was a 
hand-breadth. The bpdotiopov was the length of the 
open hand. The 1lx<j.q was a span from the thumb 
to the fore-finger ; the amdafjirj a span from the 
thumb to the little finger. The nrvyprj was the dis- 
tance from the elbow to the knuckle-joints, the 
■jrvydv from the elbow to the first joint of the finger, 
the tttjxvc. (cubit) from the elbow to the tips of the 
fingers. Of this measure there were two sizes, the 
pirpioc and the royal ; the latter was 3 finger- 
breadths longer than the other, which would make 
it nearly 20 £- inches. 

The square measures of the Greeks were the 
Trove, or square foot, the upovpa =2500 square feet, 
and the Tz/Jdpov =4 arurae =10,000 square feet. 

Certain peculiar foot-measures, differing from the 
ordinary ones, are mentioned by ancient writers. 
The Samian, which was the same as the Egyptian 
foot, is known, from the length of the Egyp- 
tian cubit as derived from the Nilometer (namely, 
17-74278576 inches), to have contained 11 82852384 
inches, or more than 1 1| inches. A larger foot than 
the common standard seems to have been used ir, 
Asia Minor. Heron 2 names the royal or Philaete- 
rian foot as being 16 finger-breadths, and the Italian 
as 13$, and he also mentions a mile (pihiov) of 
5400 Italian or 4500 royal feet. Ideler supposes 
that the Italian foot means the common Roman, 
and the royal a Greek foot larger than the common 
standard, corresponding to the stadium of 7 to the 
mile, which had been introduced before Herons 



1. (De Condit. Act., p. 210.)- -2. (De iMens., p. 368.) 

763 



PHALANGA. 



PHALERA. 



time, namely, the tenth century. The Pes Drusi- 
anus. or foot of Drusus, contained 13£ Roman inch- 
es = 13- 1058 English inches. It was used beyond 
the boundaries of Italy for measuring land, and was 
the standard among the Tungri in Lower Ger- 
many. 1 

PE'SSTJLUS. (Vid. Janua, p. 526.) 
PESSOI (Treaaoi). ( Vid. Latrunculi.) 
PETALISMOS (ireTaliauog). ( Vid. Banishment, 
Greek, p. 135.) 

PE'TASUS. (Vid. Pileus.) 
PETI'TOR. {Vid. Actor.) 
PETAURISTVE. {Vid. Petaurum.) 
PETAURUM (ireravpov, 7rersvpov) is said by the 
Greek grammarians to have been a pole or board on 
which fowls roosted. 2 We also find the name of 
petaurum in the Roman games, and considerable 
doubt has arisen respecting its meaning. It seems, 
however, to have been a board moving up and down, 
with a person at each end, and supported in the 
middle something like our seesaw ; only it appears 
to have been much longer, and, consequently, went 
to a greater height than is common among us. 
Some writers describe it as a machine, from which 
those who exhibited were raised to a great height, 
and then seemed to fly to the ground ; but this in- 
terpretation does not agree so well with the passa- 
ges of ancient authors as the one previously men- 
tioned. 3 The persons who took part in this game 
were called petaurista or petauristarii ; but this 
name seems to have been also applied in rather a 
wider signification. 4 

PETO'RRITUM, a four-wheeled carriage, which, 
like the Essedum, was adopted by the Romans in 
imitation of the Gauls. 5 It differed from the Har- 
mamaxa in being uncovered. Its name is obvious- 
'y compounded of petor, four, and rit, a wheel. Fes- 
us, 6 in explaining this etymology, observes that pc- 
or meant four in Oscan and in iEolic Greek. There 
s no reason to question the truth of this remark ; 
but, since petor meant four in many other European 
languages, it is more probable that the Romans de- 
rived the name, together with the fashion of this 
vehicle, from the Gauls. Gellius 7 expressly says 
that it is a Gallic word. 

*PHAGRUS (<j>dypoc), called by Pliny the Pagrus, 
a species of fish, the Sparus Pagrus, L., called in 
English the Sea Bream or Braize. 

*PHACOS ((ftaKog), the Cicer lens, or Lentil. 
" Stackhouse," says Adams, " seems to stand alone 
in making it to be the Ervum ervilia. The Lens palus- 
tris, oaKog 6 eizl tuv relfj-druv, Dioscor., seems to be 
generally admitted to be the Lemna minor, or Lesser 
Duck's-meat. The 0a/coc 'Ivdinoc of Theophrastus is 
the Dolichos Catiang, according to Sprengel." 
*PHAL^ENA (falatva), the Whale. {Vid. Ba- 

LJEXA.) 

*II. An insect referable to the genus Phalana, 
or Moths. "De Pauw," says Adams, " makes the 
(pa/uiyi; of Phile to be the tyakaiva. It appears, 
however, with more propriety, to be referable to the 
fyaAuyyiov." 

PHALANGA or PALANGA 8 (QulayZ), any long 
cylindrical piece of wood, but especially, 

1. Trunks or branches of trees, or portions of 
them, cut as articles of merchandise. The ^Ethio- 
pians presented to the King of Persia dunKoalag 
(jidXayyag eCevo v, " 200 pieces of ebony." 9 

1. (Hussey on Ancient Weights, &c, Appendix.— Wurra, De 
Pond., cap. 6 and 7.— Bockh's Metrolog. Untersuch., p. 196, &c. 
— Ideler, Langen- und Flachen-masse. — Freret, Observations 
sur le rapport des mesures Grecques et des mesures Romaines, 
Mem. de l'Acad. d'Inscrip., t. xxiv., p. 551, &c.)— 2. (Hesych., 
s v.— Poll nx, Onom., x., 156.)— 3. (Lucil. ap. Fest., s. v. Petau- 
rist. — Juv., xiv., 265. — Mart., xi., 21, 3. — Manil., v., 433.) —4. 
'Compare Petron., 53.)— 5. (Hor., Sat., I., vi., 104.)— 6. (s. v.)— 7. 
(tv., 30.)- -8. (Non. Marcell., p. 163, ed. Mercer.)— 9. (Herod., 
iii., 97.— Piin., H. N., xii., 4, s. 8.) 
764 



2. Truncheons, said to have been first used n* 
battle by the Africans in fighting against the Egyp- 
tians. 1 

3. Poles used to carry burdens in the manner " 
represented in the woodcut, p. 57, or so as to com- 
bine the strength of two or more individuals. The 
carriers who used these poles were called phalanga • 
n'z, 2 and also hexaphori, tetraphori, &cc, according as 
they worked in parties of six, four, or two persons. 
The poles were marked at equal distances, and the 
straps which passed over the shoulders of the work- 
men were so fixed at the divisions, that each man 
sustained an equal share of the burden. 3 

4. Rollers placed under ships to move them ou 
dry land, so as to draw them upon shore or into 
the water (dovparioi Kvlivdpoi*). This was effected 
either by making use of the oars as levers, and, at 
the same time, fastening to the stern of the ship 
cables with a noose (jinpivdog), against which the 
sailors pressed with their breasts, as we see in our 
canal navigation, 5 or by the use of machines. 6 

The trunk of the wild olive (kotlvoc) served to 
make such rollers, 7 and on the occasion here re- 
ferred to, a phalanx made of this tree was erected 
upon a tomb instead of a stone column. Rollers 
were employed in the same manner to move milita- 
ry engines ; 8 and we need not hesitate to conclude 
that columns of marble and other enormous stones 
designed for building were transported from the 
quarry by the same process. 

If from the earliest periods the Greeks were fa- 
miliar with the use of rollers ranged in long suc- 
cession and moving parallel to one another, it might 
be expected that the term phalanx would be used by 
them metaphorically. We, accordingly, not only 
find it applied to denote the bones of the hand and 
foot, which are placed beside one another like so 
many rollers, but in the Iliad 9 the lines of soldiers 
ranged in close order, and following one another, 
are often called by the same expressive appellation, 
and hence arose the subsequent established use of 
the term in reference to the Greek army. (Vid. 
Army, Greek.) 

*PHALANG'ION (§a\dyyiov), " a class of veno- 
mous spiders," says Adams, " several species of 
which are described by Nicander. These Sprengel 
attempts to determine, but his conclusions are not 
very satisfactory. He does not refer any of them 
to the genus Phalangium, L. Stackhouse concludes 
that the QaMyyiov of Theophrastus includes the 
Aranea avicularia and the A. Tarantula ; the for- 
mer, however, is an American species, and, conso 
quently, inadmissible." 

PHALARTCA. (Vid. Hasta, p. 489.) 

PHAL'ERA ((pdXapov), a boss, disc, or crescent 
of metal, in many cases of gold, 10 and beautifully 
wrought, so as to be highly prized. 11 Ornaments of 
this description, being used in pairs, are scarcely 
ever mentioned except in the plural number. The 
names for them are evidently formed from the term 
tydloc, which is explained under Galea, p. 466. la 
Besides the metallic ornaments of the helmet, sim- 
ilar decorations were sometimes, though very rare- 
ly, worn by warriors on other parts of their dress 
or armour, probably upon the breast. 13 The negro 
slaves who were kept by opulent Romans wore 
them suspended round their necks. 14 Also the tiara 
of the King of Persia was thus adorned. 15 But we 



1. (Plin., II. N., vii., 56, s. 57.)— 2. (Gloss. Ant., s. v.) — 3 
(Vitruv., x.,3, s. 8.)— 4. (Brunck, Anal., iii., 89.— Apoll. Rhod., 
i., 375-389.)-5. (Orph., Argon., 239-249, 270-273.)-6. (Hor., 
Carm., I., iv., 2.)— 7. (Apoll. Rhod., ii., 843-848.— Schol. inloc.) 
-8. (Css., Bell. Civ., ii., 10.J-9. (iv.,254, 281, 332, 427.)-10 
(Herod., i., 215.— Athen., xii., p. 550. — Claudian, Epig., 34.)— 
11. (Cic, Verr., II., iv., 12.)— 12. (Compare Horn., Il.,xvi., 106. 
—13. (Virg., 2En., ix., 359, 458.)— 14. (Sueton., Nero, 30.)— 13 
(JSschyl., Pers., 668.) 



PHARETRA 



PHARMACEUTIC A. 



most commonly read of phalerse as ornaments at- 
tached to the harness of horses, 1 especially about 
the head (uuTvvKrnpia <pa?iapa*), and often worn as 
pendants (pensilia 3 ), so as to produce a terrific ef- 
fect when shaken by the rapid motions of the horse 
(turbantur phalerce*). These ornaments were often 
bestowed upon horsemen by the Roman generals in 
the same manner as the Armilla, the Torques the 
hasta pura (vid. Hasta, p. 490), and the crown of 
gold (vid. Corona), in order to make a public and 
permanent acknowledgment of bravery and merit. 5 
PHAR'ETRA ((paperpa, ap. Herod, daperpeuv), a 
Quiver. A quiver, full of arrows, was the usual ac- 
companiment of the bow. (Vid. Arcus.) It was, 
consequently, part of the attire of every nation ad- 
dicted to archery. Virgil applies to it the epithets 
Cressa, Lycia, Thre'issa ; 6 Ovid mentions the phare- 
Lratus Gcta ; 7 Herodotus represents it as part of the 
ordinary armour of the Persians. 8 Females also 
assumed the quiver, together with the bow, as in 
the case of the Amazons, 9 and of those Spartan, 
Tyrian, and Thracian virgins who were fond of 
hunting, and wore boots (vid. Cothurnus, Pero) 
and other appropriate articles of dress. 10 On the 
same principle, the quiver is an attribute of certain 
divinities, viz., of Apollo, 11 Diana, 12 Hercules, 13 and 
Cupid. 14 The quiver, like the bow-case (vid. Cory- 
tos), was principally made of hide or leather, 15 and 
was adorned with gold 16 (aurata 17 ), painting, 18 and 
braiding (■Ko? l .vppa7ZTov 19 ). It had a lid (Troy/a 30 ), and 
was suspended from the right shoulder by a belt 
(vid. Balteus), passing over the breast and behind 
the back. 21 Its most common position was on the 
left hip, in the usual place of the sword (vid. Gla- 
dius), and consequently, as Pindar says, " under 
the elbow" 22 or " under the arm" (vTrohev iov* 3 ). It 
was worn thus by the Scythians 34 and by the Egyp- 
tians, 35 and is so represented in the annexed figure 
of tbo Amazon Dinomache, copied from a Greek 




1 (Xen., Hellen., iv., 1, $ 39.— Virg., JEn., v., 310.— Gell., v., 
S— Claudian, Epig., 36.)— 2. (Soph., (Ed. Col., 1069. — Eurip., 
Suppl., 536.— Greg. Cor., De Dialect., p. 508, ed. Schftfer.)— 3. 
(Plin., H. N., xxxvii., 12, s. 74.)— 4. (Claudian in iv. Cons. 
Honor , 548.)- 5. (Juv., xvi., 60.— A. Gell., ii., 11.)— 6. (Georg., 
ni., 345.— ,En., vii., 816 ; xi., 858.) —7. (De Ponto, I., viii., 6.) 
-8. (vii., CI.)— 9. (Virg., JEn., v., 311.) — 10. (Virg., .En., i., 
314-324, 336.)— 11. (Horn., 11., i., 45. — Virg., JEn., iv., 149.)— 
12. (Virg., .En., i., 500.) — 13. (Hes., Scut. Here, 129.— Apoll. 
Rhod., i., 1194.) — 14. (Ovid, Met., i., 468.) — 15. (Herod, ii., 
141 J — 16. (Anacr.. xiv., 6.) — 17. (Virg., >En., iv., 138; xi., 
65S.)— 18. (Ovid, Epist. Her., xxi., 173.) — 19. (Theocr., xxv., 
265.)— 20. (Horn., II., iv., 116.— Od., ix., 314.)— 21. (Hes., 1. c.) 
—22. (01., ii., 150, s. 91.)— 23. (Theocr., xvii., 30.)— 24. (Schol. 
in Pind., 1 c.)— 25. (Wilkinson, Man. and Cust., vol. i., p. 311, 
391 ) 



vase. 1 The left-hand figure in the same woodcut is 
from one of the JEgina. marbles. It is the statue 
of an Asiatic archer, whose quiver (fractured in the 
original) is suspended equally low, but with the 
opening towards his right elbow, so that it would be 
necessary for him, in taking the arrows, to pass his 
hand behind his body instead of before it. To this 
fashion was opposed the Cretan method of carrying 
the quiver, which is exemplified in the woodcut, p. 
245, and is uniformly seen in the ancient statues 
of Diana. There was an obvious necessity that 
the quiver should be so hung that the arrows might 
be taken from it with ease and rapidity, and this end 
would be obtained in any one of the three positions 
described. The warrior made the arrows rattle iu 
his quiver as a method of inspiring fear. 3 

PHARMACEUTICA (§ap(j.ai<evTLK7)), sometimes 
called bap/iane'ia, 3 is defined by Galen 4 to be that 
part of the science of medicine which cures diseases 
by means of drugs, diu Qapuunuv, 5 and formed, ac- 
cording to Celsus, 6 one of the three divisions of the 
whole science, or, more properly, 7 of that called 
Therapeutica. (Vid. Therapeutica.) 

With respect to the actual nature of the medi- 
cines used by the ancients, it is in most cases use- 
less to inquire ; the lapse of ages, loss of records, 
change of language, and ambiguity of description, 
have rendered great part of the learned researches 
on the subject unsatisfactory ; and, indeed, we are 
in doubt with regard to many of the medicines em- 
ployed even by Hippocrates and Galen. It is, how- 
ever, clearly shown by the earliest records, that the 
ancients* were in possession of many powerful rem- 
edies ; thus Melampus of Argos, one of the most 
ancient Greek physicians with whom we are ac- 
quainted, is said to have cured Iphiclus, one of the 
Argonauts, of sterility by administering the rust (or 
sesquioxide) of iron in wine for ten days ; 8 and the 
same physician used the black hellebore as a purge 
on the daughters of King Proetus, who were afflict- 
ed with melancholy. Opium, or a preparation of 
the poppy, was certainly known in the earliest 
ages ; it was probably opium that Helen mixed with 
wine, and gave to the guests of Menelaus, under 
the expressive name of v^Trevdec, 9 to drive away 
their cares, and increase their hilarity ; and this 
conjecture (says Dr. Paris, in his " Pharmacologia") 
receives much support from the fact that the v-q-xzv- 
8ec of Homer was obtained from the Egyptian 
Thebes, and the tincture of opium (or laudanum) 
has been called " Thebaic tincture." Gorrseus, how- 
ever, in his "DefinitionesMedicae," 10 thinks that the 
herb alluded to was the " Enula Campana," or Ele- 
campane, which is also called " Helenium," with a 
traditional reference (as is supposed) to Helen's 
name. There is reason to believe that the pagan 
pi iesthood were under the influence ol some pow- 
erful narcotic during the display of their oraculai 
powers. Dr. Darwin thinks it might be the Lauro- 
cerasus, but the effects produced (says Dr. Paris) 
would seem to resemble rather those of opium, 01 
perhaps of stramonium, than of the prussic (or hy- 
drocyanic) acid. The sedative powers of the Lac- 
tuca sativa, or lettuce, were known also in the 
earliest times : among the fables of antiquity, we 
read that, after the death of Adonis, Venus threw 
herself on a bed of lettuces to Jull her grief and re- 
press her desires ; and we are told that Galen, in 
the decline of life, suffered much from morbid \igi- 

1. (Hope, Costume of the Ancients, i.,22.)— 2. (Anacr., xxx* , 
11. — Hes., 1. c.) — 3. (Pseudo-Gal., Introd., c. 7, torn, xjv., p 
690, ed. Kiihn.)— 4. (Comment, in Hippocr., De Acut. Morb. 
Victu, I) 5, torn, xv., p. 425.)— 5. (Compare Plato ap. Diog. La- 
ert., iii., 1, sect. 50, $ 85.)— 6. (De Medic, lib. i., Prsfat., p. 3, 
ed. Bip.)— 7. (Compare Pseudo-Ga!., Introduct., 1. c.)— 8. (Apol- 
lodor., i., 9, $ 12, ed. Heyne.— Schol. in Theocr., Id., in., 43.)— 
9. (Horn., Od., iv., 221.)— 10. (s. v. Kfcevdcs.) 

' ' ***(! EL 

/D3 



PHARMACEU TICA. 



PHARMAKON. 



lance, umJ he had recourse to eating a lettuce ev- 
ery evening, which cured him. 1 The Scilla mariti- 
rna (sea onion or squill) was administered in cases 
of dropsy by the Egyptians, under the mystic title 
of the Eye of Typhon. Two of the most celebrated 
medicines of antiquity were hemlock and hellebore. 
With respect to the former, it seems very doubtful 
whether the plant which we denominate Conium, 
Kuveiov, or Cicula, was really the poison usually ad- 
ministered at the Athenian executions ; and Pliny 
informs us that the word Cicuta among the ancients 
was not indicative of any particular species of plant, 
but of vegetable poisons in general. Dr. Mead* 
thinks that the Athenian poison was a combination 
of active substances ; perhaps that described by 
Theophrastus 3 as the invention of Thrasyas, which 
was said to cause death without pain, and into 
which cicuta and poppy entered as ingredients. It 
was used as a poison by the people of Massilia also.* 
Its poisonous effects were thought to arise from its 
extreme coldness, and therefore Pliny 5 says that 
they can be prevented by drinking wine immediate- 
ly after the hemlock has been taken. Lucretius, 6 
however, tells us that goats eat it with impunity, and 
get fat upon it. 

Of hellebore there were two kinds, the white 
( Veratrum album) and the black (Helleborus niger) ; 
the former of which, as Galen tells us, 7 is always 
meant by the word 'ETiledopoc, when used alone 
without either of the above epithets. A description 
of both these medicines may be found in Theophras- 
tus, Hist. Plant., ix., 11. — Dioscorides, Mat. Med., 
iv., 150, 151, 148, 149.— Plin., H. N., xxv., 21, &c. 
The former acted as an emetic, 8 the latter as a pur- 
gative. 9 The plant was particularly celebrated for 
curing melancholy, insanity, &c, and Anticyra was 
recommended to all persons afflicted with these com- 
plaints, either because the black hellebore grew there 
in greater plenty than elsewhere, or because it could 
there be taken with greater safety. Hence the fre- 
quent allusions to this town among the ancient 
classical writers, and naviget Anticyram meant to 
say that the person was mad. 10 Persons in good 
health also took the white hellebore to clear and 
sharpen their intellect, as Carneades is said 11 to 
have done when about to write a book . against Ze- 
no. 12 For many centuries it was held in the high- 
est estimation, and is praised by Aretaeus, 13 Celsus, 1 * 
and several other writers ; about the end of the fifth 
century, however, after Christ, it appears. to have 
fallen completely into disuse, as Asclepiodotus is 
mentioned by Photius 15 as having particularly distin- 
guished himself by his success in reviving the em- 
ployment of it. 

Another celebrated medicine in ancient (and, in- 
deed, in modern) times was the Theriaca, of which 
a farther account is given under that name. Some 
of their medicines were most absurd ; we have not 
room here to give specimens of them, but they may 
be found, not only in the works of Cato and Pliny, 
but also in those of Celsus, Alexander Trallianus, 
&c, and even Galen himself. Of these errors, 
however, we ought to be the more indulgent when 
we remember the ridiculous preparations that kept 
their places in our own pharmacopoeias till compar- 
atively within a few years. 

1. (Cf. Cels., De Medic, ii., 32.)— 2. (Median. Account of 
Poisons, Essay 4.)— 3. (Hist. Plant., ix., 17.)— 4. (Val. Max.,ii., 
6, t> 7.)— 5. (H. N., xxxv., 95.)— 6. (v., 897.)— 7. (Comment, ad 
Hippocr., Aphor., lib. v., aph. 1, torn, xvii., B., p. 781.) — 8. 
(Gell., xvii., 15.)— 9. (Ibid.) — 10. (Ovid, ex Ponto, iv., 3, 53.— 
Hor., Sat., II., iii., 82, 165.— De Arte Poet., 300.— Pers., iv., 16. 
— Juv , xiii., 97— Plut., De Cohib. Ira, &c.) — 11. (Gell., 1. c.) 
—12. (Compare Plin., 1. c— Val. Max., viii., 7, I) 5.— Petron., c. 
83. — lertullian. De Anima, c. 6. — St. Jerome, Comment, i. in 
Epist. id Galat., tom.iv., pt. i., p. 233, ed. Bened.)— 13. (De Cu- 
rat. Morb. Diuturn., i., c. 2, p. 302; c. 3, p. 304 ; c. 5, p. 317, 
&c. ed. Kuhn.) — 14. (De Medic, ii., 13; iii., 26, &c.) — 15. 
(B.'jlioth., Cod., 500.) 
766 



Many of the ancient physician have written on 
the subject of drugs ; the following list contains 
probably the titles of all the treatises that are ex- 
tant : 1. Uepl QapfzuKuv, " De Remediis Purganti- 
bus ;" 2. Uepl 'E9ile6opta/iov, " De Veratri Usu" 
(these two works are found among the collection 
that goes under the name of Hippocrates, but are 
both spurious 1 ) ; 3. Dioscorides, Uepl "YXijc 'la~pi- 
ktjc, " De Materia Medica," in five books (one of the 
most valuable and celebrated medical treatises of 
antiquity) ; 4. Id., Uepl 'Evttop'ujtuv, 'AttXuv re nai 
Zvvderov, <&ap/uaKuv, " De Facile Parabilibus, tarn 
Simplicibus quam Compositis, Medicamentis," in 
two books (perhaps spurious 2 ) ; 5. Marcellus Side- 
ta, 'larpiKa nepl 'Ixdvuv, " De Remediis ex Pisci- 
bus ;" 6. Galen, Uepl Kpaaeuc icai Avvu/j.euc tuv 
'AttXuv QapfiaKuv, " De Simplicium Medicamento- 
rum Temperamentis et Facultatibus," in eleven 
books ; 7. Id., Uepl ^Lvvdeoeuc Qapfi&Kov tuv Kara 
Totcovc, " De Compositione Medicamentorum secun- 
dum Locos," in ten books ; 8. Id., Uepl Ivvdeaeuc 
$ap(ianuv tuv /cara Yevrj, " De Compositione Medi- 
camentorum secundum Genera," in seven books ; 
9. Id., Uepl TJjg tuv KadaipovTuv QapfiiiKuv Awu- 
fieuc, "De Purgantium Medicamentorum Facultate" 
(perhaps spurious 3 ) ; 10. Oribasius, Hvvayuyal 'Jar- 
piicai, " Collecta Medicinalia," a compilation which 
consisted originally of seventy books according to 
Photius,* or, as Suidas says, of seventy-two : of 
these we possess at present rather more than one 
third, five of which (from the eleventh to the fif- 
teenth) treat of Materia Medica ; 11. Id., 'Eviropicr- 
Ta, " Euporista ad Eunapium," or " De facile Para- 
bilibus," in four books, of which the second con- 
tains an alphabetical list of drugs ; 12. Id., 'Lvvo^jnr, 
" Synopsis ad Eustathium," an abridgment of his 
larger work, in nine books, of which the second, 
third, and fourth are upon the subject of external 
and internal remedies ; 13. Paulus iEgineta, 'Etu- 
TOfxijg 'lciTpacrjc Bi6Ma "Errra, " Compendii Medici 
Libri Septem," of which the last treats of medi- 
cines ; 14. Joannes Actuarius, " De Medicamento- 
rum Compositione," in two books (translated from 
the Greek, and only extant in Latin) ; 15. Nicolaus 
Myrepsus, " Antidotarium" (also extant only in a 
Latin translation); 16. Cato, " De Re Rustica," 
contains a good deal of matter on this subject in va- 
rious parts ; 17. Celsus, " De Medicina Libri Octo," 
of which the fifth treats of different sorts of medi- 
cines ; 18. Twelve books of Pliny's " Historia Nat- 
uralis" (from the twentieth to the thirty-second) are 
devoted to Materia Medica ; 19. Scribonius Largus, 
" Compositiones Medicamentorum ;" 20. Apuleius 
Barbarus, " Herbarium, seu de Medicaminibus Her- 
barum;" 21. Sextus Placitus Papyriensis, "De Med- 
icamentis ex Animalibus ;" 22. Marcellus Empiri- 
cus, "De Medicamentis Empiricis, Physicis, ac Ra- 
tionalibus." The works of the Arabic physicians 
on this subject (though their contributions to Mate- 
ria Medica and Chemistry are among the most val- 
uable part of their writings) it would be out of place 
here to enumerate. 

$APMA'K12N or *APMAKE1'A2 TPA4>H', an in- 
dictment against one who caused the death of an- 
other by poison, whether given with intent to kill 
or to obtain undue influence. 5 It was tried by the 
court of Areopagus. That th* malicious intent 
was a necessary ingredient in the crime, may be 
gathered from the expressions e/c rcpovoiac, k% em~ 
6ovlric nal TTpoSovlfie, in Antiphon. 6 The punish- 
ment was death, but might (no doubt) be mitigated 



1. (Vid. Choulant, " Handbuch der Eticherkunde fur die JEl 
tere Medicin," Leipz., 8vo, 1841 )— 2. (Vid. Choulant, 1. c.)— 3 
(Vid. Choulant, 1. c) — 4. (Biblioth., Cod., 217.)— 5. (Pollux, 
Onom., viii., 40, 117.— Demosth., c Aristocr., 627.— Argue U 
Or. Antiph., YLaTtjy. 0ap/x.)— 6. (1. c, iii., 112, ed. Steph. 



PHASELUS. 



PHASIS. 



fry the court under palliating circumstances. We 
have examples of such ypaoai in the speech of An- 
tiphon already cited, and that entitled irepi rov %o- 
pevrov. 1 Among the Greeks, women appear to have 
been most addicted to this crime, as we learn from 
various passages in ancient authors. Such women 
are called <f>apfiai<idec and ^apjianevrpiai,. Poisonous 
drugs were frequently administered as love-potions, 
or for other purposes of a similar nature. Men 
whose minds were affected by them were said $ap- 
uaxdv. Wills made by a man under the influence 
of drugs (vtzo (pappaKuv) were void at Athens. 2 

PHAROS or PHARUS (^opof), a Lighthouse. 
The most celebrated lighthouse of antiquity was that 
situated at the entrance to the port of Alexandrea. 
It was built by Sostratus of Cnidus, on an island 
which bore the same name, by command of one of 
the Ptolemies, and at an expense of 800 talents. 3 
It was square, constructed of white stone, and with 
admirable art ; exceedingly lofty, and in all respects 
of great dimensions.* It contained many stories 
(nosivopoQov 5 ), which diminished in width from be- 
low upward. 6 The upper stories had windows 
looking seaward, and torches or fires were kept 
burning in them by night, in order to guide vessels 
into the harbour. 7 

Pliny 8 mentions the lighthouses of Ostia and Ra- 
venna, and says that there were similar towers at 
many other places. They are represented on the 
medals of Apamea and other maritime cities. The 
name of Pharos was given to them in allusion to 
that at Alexandrea, which was the model for their 
construction. 9 The pharos of Brundisium, for ex- 
ample, was, like that of Alexandrea, an island with 
a lighthouse upon it. 10 Suetonius 11 mentions anoth- 
er pharos at Capreae. 

The annexed woodcut shows two phari remaining 
in Britain. The first is within the precincts of Do- 
ver Castle. It is about 40 feet high, octagonal 
externally, tapering from below upward, and built 
with narrow courses of brick and much wider 
courses of stone in alternate portions. The space 
within the tower is square, the sides of the octagon 
without and of the square within being equal, viz., 
each 15 Roman feet. The door is seen at the 
bottom. 12 A similar pharos formerly existed at Bou- 
logne, and is supposed to have been built by Calig- 
ula. 13 The round tower here introduced is on the 
summit of a hill on the coast of Flintshire. 1 * 




PHA'ROS {(papoq). (Vid. Pallium.) 
PHASE'LUS ((i)daT]Aog) was a vessel rather 
long and narrow, apparently so called from its re- 
semblance to the shape of a phaselus or kidney 
nean. It was chiefly used by the Egyptians, and 

1. (Meier, Att. Proa, p. 311.)— 2. (Demosth., c. Steph., 1133.) 
— 3. (Plin., II. N., xxxvi., 12. — Steph. Byz., s. v. <l>a'po?. — 
AchiH. Tat., v., 6.)— 4. (Ciesar, Bell. Civ., iii., 112.)— 5. (Stra- 
do, xvii., 1, I) 6.) — 6. (Herodian, iv., 3.) — 7. (Val. Flacc, vii., 
64.— Vid. Bartoli, Luc. Ant., iii., 12.)- 8. (1. c.)— 9. (Herodian, 
1. c— Sfcet., Claud., 20.— Bruuck, Anal., ii., 186.)— 10. (Mela, 
ii., 7, I) 13.— Steph. Byz., 1. c.)— 11. (Tib., 74.)— 12. (Stukely, 
Itin. Cunos., p. 129.) — 13. (Sueton., Calig., 46. — Montfaucon, 
Supplem., V., iv., L. vi., 3, 4.)-14. (Pennant, Par. of White- 
ford and Holywell, p. 112.) 



was of various sizes, from a mere boat to a vessel 
adapted for long voyages. 1 Octavia sent ten tri- 
remes of this kind, which she had obtained from 
Antony, to assist her brother Octavianus ; and Ap- 
pian 2 describes them as a kind of medium between 
the ships of war and the common transport or mer- 
chant vessels. The phaselus was built for speed 
(phaselus Me — navium celerrimus 3 ), to which more 
attention seems to have been paid than to its 
strength ; whence the epithet fragi lis is given to it 
by Horace.* These vessels were sometimes made 
of clay (Jiclilibus phaselis 5 ), to which the epithet of 
Horace may perhaps also refer. 

*PHASE / LUS or PHASE'OLUS (^dariloc, <paai- 
oXof), the Phaseolus vulgaris, or common Kidney 
Bean. 6 

*PHASG'ANON (<pdayavov). " Sprengel," says 
Adams, " hesitates between the Iris foztidissima and 
the Gladiolus communis, or common Sword Grass ; 
Stackhouse between the latter and the Iris Xiphi- 
um. These doubts, however, are of older date." 7 

*PHASlA / NOS (<paatavoc or (pacnavinbc opvie), 
the Pheasant, or Phasianus Colckicus, L. Accord- 
ing to the Greek legend, the Pheasant took its 
name, in that language, from the river Phasis in 
Colchis, and was exclusively confined to this latter 
country before the expedition of the Argonauts. 
These adventurers, it is said, on ascending the 
Phasis, beheld the birds in question spread along 
the banks of the river, and, bringing some of them 
back to their native country, bestowed upon it, says 
Montbeillard, a gift more precious than the golden 
fleece. At the present day, according to the same 
authority, the pheasants of Colchis or Mingrelia 
are the finest and largest in the known world. 3 

*PHASI.'OLUS. (Vid. Phaselus.) 

PHASIS (Qdoig) was one of the various methods 
by which public offenders at Athens might be pros- 
ecuted ; but the word is often used to denote any 
kind of information ; as Pollux 9 says, kolvuc <j>doeic 
EKakovvTO TT&craL at prjvvaeic tcov "kavdavovruv ddiKn- 
ficiTuv. (Vid. Aristoph., Eq., 300, and Acharn., 823, 
826, where the word (pavrdfa is used in the same 
sense as <f>aivu.) The word avKocpdvrric is derived 
from the practice of laying information against those 
who exported figs. ( Vid. Sycophantes.) 

Though it is certain that the <pdctc was distin- 
guished from other methods of prosecution, 10 we are 
not informed in what its peculiarities consisted. 
According to Pollux, 11 it might be brought against 
those who committed offences against the mine laws, 
or the customs, or any other part of the revenue ; 
against any persons who brought false accusations 
against others for such offences ; and against guard- 
ians who injured their wards. The charge, as in 
the ypadq, was made in writing (kv ypafifiarei^), 
with the name of the prosecutor and the proposed 
penalty (rip.T]iJ.a) affixed, and also the names of the 
K^r/TT/pec. The same author says, eQaivovro dit 7rpof 
tov dpxovra. Here we must either understand the 
word dpxovra to be used in a more general sense, 
as denoting any magistrate to whom a jurisdiction 
belonged, or read, with Schomann, 12 rove upxovrac. 
For it is clear that the archon was not the only 
person before whom a tydcic might be preferred. In 
cases where corn had been carried to a foreign port, 
or money lent on a ship which did not bring a return 
cargo to Athens, and probably in all cases of offence 



1. (Virg., Georg., iv., 289.— Catull., 4.— Martial, x., 30, 13.— 
Cic. ad Att., i., 13.)— 2. (Bell. Civ., v., 95.)— 3. (Catull , 1. c.)— 
4. (Carm., iii., 2, 27, 28.)— 5. (Juv., xv., 127.)— 6. (Dioscor., ii , 
130. — Galen, De Simpl., viii. — Adams, Append., s. v.) — 7. (The- 
ophr., vii., 12. — Dioscor., iv., 20. — Adams, Append., s. v.)— 8 
(Vid. Aristot., v., 25, and Geopon., xiv., 19. — Athen., Deip. 
xiv.— Griffith's Cuvier, viii., 225.)— 9 (viii., 47.)— 10. (Demosth. 
c. Aristog., 793.— Isocr., c Callim., 375, ed. Steph.)— 11. (1. c.l 
—12. (De Comit., 178.) 

767 



PHLOMOS. 



PHONOS. 



against the export and import laws, the information 
was laid before the £KL/j.e?ij]Tal tov e/xitopiov. 1 Where 
public money had been embezzled or illegally ap- 
propriated, for which a <pdaie was maintainable, the 
cvvdtKoi were the presiding magistrates. 2 Offences 
relating to the mines came before the thesmothetae. 3 
Injuries done by guardians to their wards or wards' 
estate, whether a public prosecution or a civil action 
was resorted to, belonged to the jurisdiction of the 
archon, whose duty it was to protect orphans. 4 All 
pdatiq were Ti\ir}Tol dydvtc, according to Pollux, 5 
and he says to rifindev kyiyvero ruv udtKOVfievuv, el 
teal uXkoc. vTTf.p avrcjv (prjveiev. By this we are to 
understand that the ri^fia went to the state if the 
prosecution was one of a purely public nature, that 
is, where the offence immediately affected the 
state ; but where it was of a mixed nature, as 
where a private person was injured, and the state 
only indirectly, in such case compensation was 
awarded to the private person. This was the case 
in prosecutions against fraudulent guardians. On 
the same ground, wherever the prosecutor had an 
interest in the cause beyond that which he might 
feel as the vindicator of public justice, as where 
he, or some third person on whose behalf he inter- 
posed, was the party directly injured, and might 
reap advantage from the result, he was liable to 
the eTiuSslia, and also to the payment of the irpvTa- 
vela, just as he would be in a private action. Prob- 
ably this liability attached upon informations for 
carrying corn to a foreign port, as the informer 
there got half the penalty if successful. 6 Where 
the ouoic was of a purely public nature, the prose- 
cutor would be subject only to the payment of the 
napdaraaig, and to the thousand drachms if he 
failed to obtain a fifth part of the votes, according 
to the common practice in criminal causes. 7 Wheth- 
er, in those of a mixed nature, he was liable to 
these payments, as well as to the rrpwavela and 
knuteXia, is a question which has been much dis- 
cussed, but cannot be settled. We have no speech 
left us by the orators on the subject of a tyuaiq, but 
only mention of a lost speech of Lysias npbg ttjv 
fdaiv tov bptpaviKOV olnov* 

*PHASSA (<pdooa), the Ring-dove or Cushat, 
namely, the Columba palumbus, L. Sonini says the 
modern Greeks call the Ramier of the French <pda<ra, 
and le pigeon sauvage, TE?uo~Tepi. 9 

*PHELLUS (0eA/loc), the Quercus suber, or Cork- 
tree. 10 

PHERNE {tyepvri). (Vid. Dos, Greek.) 

PHIALA. (Vid. Patera.) 

*PHILLYR'EA ((btXlvpea), the Phillyrea latifolia, 
or Broad-leaved true Phillyrea. Sibthorp found it 
growing abundantly in Candia, the ancient Crete. 11 

*PHILYRA (Quvpa), the Tilia Buropaa, the 
Lime or Linden tree. Of the inner bark were 
formed strings for garlands, mats, &c. 12 

"THLEOS ((j)?iecjg), a species of Reed. Sprengel 
makes it the Arundo ampelodesmos ; Stackhouse, the 
Arundo calamagrostis. 13 

♦PHLOMOS {(bXSfiog) or PHLOMIS (dXbfiic). 
"From the brief description," remarks Adams, "of 
the §\buoi and tyAofitdeg by Dioscorides and Galen, 
it is difficult to determine their several genera and 
species. Matthiolus, Dodonaeus, and Sprengel are 

1. (Demosth., c. Theocr., 1323.)— 2. (Isocr., c. Oallim., 372.— 
Lys , De Publ. Pecun., 149. — De Aristoph. bon., 154, ed. Steph.) 
— 3. (Meier, Att. Proc. 64.) — 4. (Suidas, s. v. <t>aois. — Demosth., 
c. Onet., 865 ; c. Lacr., 940 ; c. Nausim., 991.)— 5. (viii., 48.) 
— 6 (Demosth., c. Theocr., 1325 — Bockh, Staalsh. der Athe- 
aer.i., 93.)— 7. (Demosth., c. Tbecci, 1323.)— 8. (Vid. Bockh, 
Id., i> 3(6-382, 394-392. — Meier, Att. Proc, 247-252, 732.— 
Platner, Proc. und El., ii., 9-17.) —9. (Adams, Append., s. v.) — 
10. (Theophr.. i., 5.)— 11. (Dioscor., i., 125.— Theophr., H. P., 
i , 9. — Adams, Append., s. v.) — 12. (Theophr., II. P., i., 12.— 
0. PI., vi., 12. — Adams, Append., s. v.) — IS. (Theophr., iv., 8, 
10 — Adams, Append., s. v.) 
7&H 



agreed that the faopioe aypid is the Phlomis Jrutico- 
sa, or Broad-leaved Sage-tree. The female ItvuT) 
foofioQ is the Verbascum undulatum, Lam., accord- 
ing to Sibthorp, and the male Xevktj <j>X6[ioe, the 
Verbascum Thapsus, or Great Mullein, according to 
the same ; but Sprengel appears to show satisfac- 
torily that the female is the Thapsus, and the male 
the undulatum. The Verbascum nigrum, or Black 
Mullein, is well known. The first two species of 
the ^koiiiQ are referred by Sprengel to the Phlomis 
Samia, L., and the Phlomis lunarifolia, Sibthorp. 
Clusius named the narrow-leaved Jerusalem Sage, 
Phlomis lychnitis." 1 

*PHLOX (<£A6f), a plant which Sprengel calls 
the Agrostemma coronarium. " Schneider mentions 
that Anguillara held it to be the "fiore del veluto" 
of the Italians. All the plants included in the genus 
Phlox of modern botanists are natives of the New 
World." 8 

♦PHOCA ((ptotcn), the Seal, or Phoca vitulina, 
called by Pliny " Vitulus marinus," or Sea Calf. It 
was ranked among the k?jttj by Homer. 3 

♦PHOCJENA (<p6nat.va), the Delphinus Phocana, 
L., or Porpoise. Julius Scaliger, Belon, Gesner, 
and Rondelet concur in referring the Tursio of 
Pliny to the Porpoise. Pliny and other writers of 
antiquity confound the <j>uktj, or Seal, with the <j>d>- 
tcacva, or Porpoise. 4 

*PHCENICOPT'ERUS {^oiviKOTrrepoc), the Fla- 
mingo, or Phcenicopterus ruber, L. The' Greek 
name, which means " crimson-winged," is an epi- 
thet especially suitable to individuals of two years 
old, whose wings alone are of a fine carnation, while 
the neck and body are still invested with white 
plumes. The ancients held the flesh of the Flamin 
go in high estimation, and the tongue was especially 
regarded as an exquisite morsel ; but such of the 
moderns as have tasted it declare it to be oily, and 
of an unpleasant marshy flavour.' 

♦PHCENICU'RUS ((jtoivtKovpoc), a species of Bird, 
the Sylvia Phoznicurus, Lath., or Redstart. " The 
Redstart so nearly resembles the Redbreast in 
general appearance, that it is not to be wondered at 
that Aristotle took it for a Redbreast in its summei 
plumage." 6 

♦PHGENIX {6oivi%), I. a fabulous Egyptian bird. 

*II. The Phoenix dactylifera, Date-tree, or greater 
Palm. " Theophrastus describes six species or 
kinds of palms ; his x -^ 1 ?^ 7 )^ i s the same as the 
XQ.p.aKjfkoq <1>olvi!; of Dioscorides, namely, the Cha- 
maernps humilis, L. The Thebaic Palms of Dios- 
corides are named Cruciferce Thebaicce by De Lisle ; 
but, according to Sprengel, they were mere varieties 
of the common Palm. The ancients were well 
aware of the distinction of sex which exists in this 
tribe of trees. The tioivit; iroa of Dioscorides is un- 
doubtedly the Lolium perenne, Perennial Darnel, or 
R^e Grass. 7 

PHO'NOS (<j>6vog), Homicide, was either knovoios 
or aKovacog, a distinction which corresponds in some 
measure, but not exactly, with our murder and 
manslaughter ; for the <j>6voc enovaioc might fall with- 
in the description of justifiable homicide, while $b- 
voe. dnovoioQ might be excusable homicide. Accord- 

1. (Dioscor., iv., 102.— Galen, De Simpl., viii.— Theophr., ix. 
12. —Adams, Append., s. v.)— 2. (Theophr., II. P., vi., 6. — 
Adams, Append., s. v.) — 3. (Aristot., H. A., ii. — Oppian, Hal., 
i.— ^Elian, N. A., xii— Pliny.— Homer, Od., iv., 452.)— 4. (Aris- 
tot., vi., 12 ; viii., 13. — ^Elian, v., 4 ; ix., 59. — Xenocrates et 
Galen, De Alim.— Pliny, II. N., ix., 9.— Adams, Append., s. v.) 
— 5. (Griffith's Cuvier, viii., 543. — Juvenal, ii.— Philost., vit. 
Apoll. — Celsus, ii., 18, with Dr. Million's note. —Adams, Ap- 
pend., s. v.)— 6. (Aristot., H. A., ix., 36.— Vid. Geopon., xv., 1.) 
—7. (Theophr., i., 2, 13, &c— Dioscor., i., 148, 149, 150.— Gi- 
len, De Simpl., viii.— Vid. Theophr., ii., 9.— Pliny, H. N., xxi::.. 
7.— Claudian, Nupt. Hon. et Mar., 1. 66. — 01. Celsii, Hierobot, 
and SirW. Drummond'* articles in the Classical Journal, N« 
28, 29, 31.— Dioscor., iv., 43.— Adams, Append., s. v.) 



PHONOS. 



PHONOS. 



mg to the different circumstances under which the 
homicide was committed, the tribunal to which the 
case was referred, and the modes of proceeding at 
Athens, varied. All cases of murder (with one ex- 
ception, to be hereafter noticed) were tried by the 
court of Areopagus ; other cases of homicide were 
'by the statutes of Draco) to be tried by the tyerai. 
All fyoviKal Sikcil belonged to the jurisdiction of the 
apXO)v fiaart.evc. as ijyefiojv dinacTTjplov. He was an- 
ciently the sole judge in cases of unintentional 
homicide ; for such an act was considered, in a re- 
ligious point of view, as being a pollution of the 
city ; and it became his duty, as guardian of reli- 
gion, to take care that the pollution (ayog) was duly 
expiated. Draco, however, established the kty£-ai, 
first, as a court of appeal from the upxw (3aoi?.evg ; 
and soon after they began to perform the office of 
diKcorai, he being the presiding magistrate. 1 In dis- 
cussing this subject, we have to consider the vari- 
ous courts established at Athens for the trial of 
homicide, the different species of crime therein re- 
spectively prosecuted, the manner of proceeding 
against the criminal, and the nature of the punish- 
ment to which he was liable. All these points are 
fully discussed by Matthiae in his treatise De Judi- 
cus Athen. in the Miscellanea Philologica, vol. i., to 
which more particular references are given in this 
article. 

Solon, who seems to have remodelled the court 
of Areopagus, enacted that this court should try 
cases of murder and malicious wounding, besides 
arson and poisoning. 2 One would be deemed a 
murderer who instigated another to commit the 
deed, provided the purpose were accomplished. 3 
Besides the court of Areopagus, there were four 
other courts of which the eQerat were judges : to 
$tti UaXXadlCf), to em AelQiviot, to em UpvTaveiu, 
and to ev QpeaTToL* To the court em HaXXadlu be- 
longed cases of accidental homicide, manslaughter, 
and attempts to commit murder (/3ovXevaetg). Such 
a case as that mentioned by Demosthenes, 5 of an 
unlawful blow followed by death, would be man- 
slaughter. It seems, also, that this court had a 
concurrent jurisdiction with the Areopagus in char- 
ges of murderous conspiracy which was carried 
into effect. The law perhaps allowed the prosecu- 
tor to waive the heavier charge, and proceed against 
the offender for the conspiracy only. 6 As to the 
supposed origin of this court, see Harpocration. 7 To 
ihe court em' Ae^tvccp were referred cases where 
the party confessed the deed, but justified it : uv Tig 
ufj,oAoyrj jiev KTeZvai, evvo/uoc de <j>y dedpaKevai. De- 
mosthenes calls it aytidTaTOv nal <f>pcKudecrTaTov* 
As to the origin of this court, see Matthiae, 152. 
In the Ta em RpvTavelui, the objects of prosecution 
were inanimate things, as wood, stone, or iron, 
which had caused the death of a man by falling on 
him. 9 Draco enacted that the cause of death should 
be cast out of the boundaries of the land (virepopiC,- 
eadat), in which ceremony the apxuv (JaoiXevg was 
assisted by the <t>v2.o6aot.heig . 10 This was a relic of 
very rude times, and may be not inaptly compared 
with our custom of giving deodands. Matthiae 11 
thinks there was an ulterior object in the investiga- 
tion, viz., that by the production of the instrument 
by which deatl was indicted, a clew might be found 
to the discoveiy of the real murderer, if any. The 

1. (Su das, s. r. 'Uye/xoiia SiKaoTTjpiov. — Pollux, Onom., viii., 
•0, 125.— Wachsmuth, II., i., 308.)— 2. (Demosth., c. Aristocr., 
627.)— 3. (Demosth., c. Conon., 1264, 1265.— Matth., 148.)— 4. 
(Harpocr. et Suid., s. v. 'Ecpirai.) — 5. (c. Neter., 1348.)— 6. 
(Harpocr., s. v. BovXtv<rco)s-— Antiph., rtrpaA., 126, ed. Steph. — 
Matth., 150.)— 7. (s. v. "Erf IlaMadiy.— Pollux, Onom., viii., 
118.) — 8. (c. Aristocr., 644. — Harpocr., s. v. 'Km AtAfprnV - 
Pollux, Onom., viii., 119.)— 9. (Harpocr., s. v. 'Etti Ilpvravei(f). 
—Pollux, Onom., viii., 120.— Demosth., c. Aristocr., 645.)— 10. 
(Meier, Att. Pioc., 117.— Suidas, s. v. NiVwv. — JE»ch., c. 
rt«wiph., 88, ed. Stoph.)— 11. (p. 154.) 
5E 



court ev QpeciTToZ was reserved for a peculiar case ; 
where a man, after going into exile for an uninten- 
tional homicide, and before he had appeased the rel- 
atives of the deceased, was charged with having 
committed murder. He was brought in a ship to a 
place in the harbour called ev <j>pea.TToi, and there 
pleaded his cause on board ship, while the judges 
remained on land. If he was convicted, he suffered 
the punishmert of murder; if acquitted, he suffere 
the remaindei of his former punishment. The ob 
ject of this ccntrivance was to avoid pollution (for 
the crime of the first act had not yet been expiated), 
and, at the same time, to bring the second offence 
to trial. 1 

To one or other of these courts all ^ovinal Sinai 
were sent for trial, and it was the business of the 
apx<->v fiaoihevg to decide which. The task of pros- 
ecution devolved upon the nearest relatives of the 
deceased, and in case of a slave, upon She master. 
To neglect to prosecute, without good cause, was 
deemed an offence against religion ; that is, in any 
relative not farther removed than a first cousin's 
son (avefiadovg). Within that degree the law en- 
joined the relatives to prosecute, under penalty of 
an daedeiag ypa^rj if they failed to do so. 9 They 
might, however (without incurring any censure), 
forbear to prosecute, where the murdered man had 
forgiven the murderer before he died ; 3 or, in cases 
of involuntary homicide, where the offender gave the 
satisfaction which the law required, unless the de- 
ceased had given a special injunction to avenge him. 4 

The first step taken by the prosecutor was, to 
give notice to the accused to keep away from all 
public places and sacrifices. This was called npop- 
/)T]mg, and was given at the funeral of the deceased.* 
After this he gave a public notice in the market 
place, warning the accused to appear and answe 
to the charge : here he was said ■npoenxelv or rcpo 
ayopeveiv <j>6vov. 6 The next thing was to prefer the 
charge before the king archon. To such charge 
the term e-KtoKrjTXTeaQai or 'enet-ievat, was peculiarly 
applied. 7 The charge was delivered in writing; 
the prosecutor was said anoypatyeodaL 6'iK-qv <j>6vov. n 
The king archon having received it, after first warn- 
ing the defendant aizex^odai tuv [xvottjp'luv kcu tcjv 
uXkuv vo/j,ifj,o)v, 9 proceeded in due form to the uvd- 
Kpcaig. The main thing to be inquired into was the 
nature of the offence, and the court to which the 
cognizance appertained. The evidence and other 
matters were to be prepared in the usual way. 
Three months were allowed for this preliminary in- 
quiry, and there were three special hearings, one in 
each month, called diaducaaiai, or (according to 
Bekker's reading) npodiKaaiaL ; 10 after which, in the 
fourth month, the king archon elaTjye ttjv dinrjv. 11 
The defendant was allowed to put in a 7rapaypa<p7J 
if he contended that the charge ought to be tried in 
one of the minor courts." 

All the (j)ovtKa 6LnaoTf]pLa were heldjn the open 
air, in order that the judges might not be under the 
same roof with one suspected of impurity, nor the 
prosecutor with his adversary. 13 The king archon 
presided, with his crown taken off. 14 The parties 
were bound by the most solemn oaths ; the one 
swearing that the charge was true, that he bore 

1. (Demosth., c. Aristocr., 646. — Harpocr., s. v. 'Ev (ppeaTTol. 

— Pollux, Onom., viii., 120. — Matth., 155.) — 2. (Demosth., c. 
Androt., 593 ; c. Macart., 1069 ; c. Euerg. et Mnes., 1160, 1161. 

— Antiph., De Her. Caed., 135, ed. Steph.) — 3. (Demosth., c. 
Pantaen., 983.)— 4. (Lysias, c. Agor., 133, 138, ed. Steph. - 
Matth., 170.)— 5. (Antiph., De Her. Caed , 130, 139.— De Chor 
141, ed. Steph.— Demosth., c. Leptin., 505; c. Aristocr., 632 ; o 
Euerg., 1160.)— 6. (Demosth., c. Macart., 1068; c. Near., 134&.1 
—7. (Pollux, Onom., viii., 33, 118.— Harpocr., s. v. 'EnearKfjipa 
to.— Antiph., KciTtiY- <f>apn-, 1U> ed. Steph.)— 8. (Antiph., De 
Chor., 145, ed. Steph.) — 9. (Pollux, Onom., viii., 66, 90.)— 10 
(Antirh.. De Chor., 146, ed. Steph.) — 11. (Matth., 160.) — 12 
(Polio I, Onom., viii., 57.)— 13. (Antiph., De Her. Caed., 130, ed. 
Steph.)— 14. (Pollux, Onom., viii., 90.) 

~r>9 



PHONOS. 



jprioisus. 



such a relationship to the deceased, and that he 
would, in conducting his case, confine himself to 
the question at issue ; the other declaring the charge 
to be false. 1 The witnesses on both sides were 
.vorn in like manner, 2 and slaves were allowed to 
appear as witnesses. 3 Either party was at liberty 
to maice two speeches, the prosecutor beginning, 
as may be seen from the TerpaloyLa of Antiphon ; 
but both were obliged to confine themselves to the 
point at issue. 4 Advocates (avvriyopoi) were not 
admitted to speak for the parties anciently, but in 
later times they were. 6 Two days were occupied 
in the trial. After the first day, the defendant, if 
fearful of the result, was at liberty to fly the coun- 
try, except in the case of parricide. Such flight 
could not be prevented by the adversary, but the 
property of the exile was confiscated. 6 On the 
third day the judges proceeded to give their votes, 
for which two boxes or urns were provided (vdpiai 
or ufifopelc), one of brass, the other of wood ; the 
former for the condemning ballots, the latter for 
those of acquittal. An equal number of votes was 
an acquittal ; a point first established (according to 
the old tradition) upon the trial of Orestes. 7 

As the defence might consist either in a simple 
denial of the killing, or of the intention to kill, or in 
a justification of the act, it is necessary to inquire 
what circumstances amounted to a legal justifica- 
tion or excuse. We learn from Demosthenes 8 that 
it was excusable to kill another unintentionally in a 
gymnastic combat, or to kill a friend in battle or 
ambuscade, mistaking him for an enemy; that it 
was justifiable to slay an adulterer if caught in ipso 
delicto, or a paramour caught in the same way with 
a sister or daughter, or even with a concubine, if 
her children would be free. (As to an adulterer, 
see Lysias. 9 ) It was lawful to kill a robber at the 
time when he made his attack (evOvc afivvo/j,evov), 
but not after. 10 By a special decree of the people, 
made after the expulsion of the Thirty Tyrants, it 
was lawful to kill any man who attempted to es- 
tablish a tyranny, or put down the democracy, or 
committed treason against the state. 11 A physician 
was excused who caused the death of a patient by 
mistake or professional ignorance. 12 This distinc- 
tion, however, must be observed. Justifiable homi- 
cide left the perpetrator entirely free from pollu- 
tion (nadapov). That which, though unintentional, 
was not perfectly free from blame, required to be 
expiated. See the remarks of Antiphon in the Te- 
rpakoyia, b. 123. 

It remains to speak of the punishment. 

The courts were not invested with a discretion- 
ary power in awarding punishment ; the law deter- 
mined this according to the nature of the crime. 13 
Wilful murder was punished with death. 1 * It was 
the duty of the thesmothetae to see that the sen- 
tence was executed, and of the Eleven to execute 
it. 15 We have seen that the criminal might avoid it 
by flying before the sentence was passed. Mali- 
cious wounding was punished with banishment and 
confiscation of goods. 16 So were attempts to mur- 
der (Qovlevoeic). But where the design was fol- 
lowed by the death of him whose life was plotted 
against, and the crime was treated as a murder, it 



1. (Antiph., De Her. Caed., 130, 140 ; De Chor., 143, ed. Steph. 
— Demosth., c. Euerg., 1161.— Matth., 163.— Wachsmuth, II., 
i., 336.)— 2. (Antiph., ib., et 131, ed. Steph.— Meier, Att. Proc, 
675.)— 3. (Meier, Att. Proc, 667.)— 4. (Lys., c. Simon., 100.— 
Antiph., De Chor., 143, ed. Steph.)— 5. (Matth., 164.)— 6. (Pol- 
lux, Onom., viii., 117. — Demosth., c. Aristocr., 634, 643. — Matth., 
167.)— 7. (;Eschyl.,Eumen., 753. — Matth., 165.)— 8. (c Aris- 
tocr., 637.)— 9. (De Eratosth. Caed., 94, ed Steph.)— 10. (De- 
mosth., c. Aristocr., 629.) — 11. (Lycurg-., c. Leocr., 165. — An- 
doc, De Myst., 13, ed. Steph.)— 12. (Antiph., T£rpa\., 127, ed. 
Steph )— 13. (Demosth., c. Neaer., 1372.)— 14. (Antiph., De Her. 
Caed., 130, ed. Steph.— Demosth., c. Mid., 528.)— 15. (Deir.osth.. 
c. Aristocr., 630. — Meier, Att. Proc, 74. — Schumann, Ant. Jur. 
Publ. Gr., 246 )— 16. (Lys., c. Simon., 100.— Matth., 148.) 
770 



might be punished with death, at least ii it \va< 
tried in the Areopagus ; for it is doubtful whethei 
the minor courts (except that h <ppea,TTol) had the 
power of inflicting capital punishment. 1 If the 
criminal who was banished, or who avoided his 
sentence by voluntary exile, returned to the coun- 
try, an evSsi^ic might forthwith be laid against hire, 
or he might be arrested and taken before the thes- 
mothetae, or even slain on the spot. 2 The proceed- 
ing by axayuyr] (arrest) might perhaps be taken 
against a murderer in the first instance, if the mur- 
der was attended with robbery, in which case the 
prosecutor was liable to the penalty of a thousand 
drachms if he failed to get a fifth of the votes. 3 
But no murderer, even after conviction, could law- 
fully be killed, or even arrested, in a foreign coun- 
try.* The humanity of the Greeks forbade such a 
practice. It was a principle of international law, 
that the exile had a safe asylum in a foreign land. 
If an Athenian was killed by a foreigner abroad, 
the only method by which his relatives could ob- 
tain redress was to seize natives of the murderer's 
country (not more than three), and keep them until 
the murderer was given up for judgment. 8 

Those who were convicted of unintentional hom- 
icide, not perfectly excusable, were condemned to 
leave the country for a year. They were obliged 
to go out (e^epxeadat) by a certain time, and by b, 
certain route (ra/cr^v bdov), and to expiate their of- 
fence by certain rites. Their term of absence was 
called aT7£viavTL<j[i6c. It was their duty, also, to 
appease (aldetG6ai) the relatives of the deceased, 
or, if he had none within a certain degree, the mem- 
bers of his clan, either by presents or by humble 
entreaty and submission. If the convict could pre- 
vail on them, he might even return before the year 
had expired. The word aidslodai is used not only 
of the criminal humbling himself to the relatives, 
but also of their forgiving him. 6 The property of 
such a criminal was not forfeited, and it was un- 
lawful to do any injury to him, either on his leaving 
the country or during his absence. 7 

Such was the constitution of the courts and the 
state of the law as established by Solon, and mostly 
indeed, by Draco ; for Solon retained most of Dra 
co's (j>ovuiol vdfiot. 6 But it appears that the juris- 
diction of the k^erat in later times, if not soon after 
the legislation of Solon, was greatly abridged, and 
that most of the (povinai dUai, were tried by a com- 
mon jury. It is probable that the people preferred 
the ordinary method of trial, to which they were 
accustomed in other causes, criminal as well as 
civil, to the more aristocraticai constitution of the 
court of £<j>eraL. Their jurisdiction in the courts kv 
^pearroZ and eirl UpvTaveiu was, no doubt, still re 
tained ; and there seem to have been other peculiar 
cases reserved for their cognizance. 9 Whether the 
powers of the Areopagus, as a criminal court, were 
curtailed by the proceedings of Pericles and Ephi- 
altes, or only their administrative and censorial au- 
thority as a council, is a question which has been 
much discussed. The strong language of Demos- 
thenes 10 inclines one to the latter opinion. See also 
Dinarchus, 11 from which it appears there was no ap- 
peal from the decision of that court. 12 

1. (Matth., 150.— Schomann, Ant. Jur. Publ. Gr., 294.— Meier, 
Att. Proc, 313.)— 2. (Suidas, s. v. "EvStili?.— Matth., 168.)— 3 
(Demosth., c Aristocr., 647.— Meier, Att. Proc, 231.) — 4. (De- 
mosth., c Aristocr., 631, 632.)— 5. (Demosth., c Aristocr., 647.- 
Pollux, Onom., viii., 50. — Harpocr. and Suidas, s. v. 'AvopoA)?- 
4'tov.) — 6. (Wachsmuth, II., i., 268. — Harpocr., s. v. r Y7TO(povia. 
— Demosth., c Pantaen., 983; c Macart., 1069; c Aristocr., 
643.— Matth., 170.)— 7. (Demosth., c Aristocr., 634.)— 8. (De- 
mosth., c Euerg:., 1161 ; c Aristocr., 636. — Wachsmuth, II., i 
241. )_9. (Pollux, Onom., viii., 125.— Matth., 158.— Schomann, 
Ant. Jur. Pub. 296.)— 10. (c Aristocr., 641.)— 11. (c Aristog., 
init.)— 12. (Matth., 166.— Platner, Proc. und Kl., i., 27.— Scho- 
mann, Ant. Jur. Pub., 301. — Thirlwall, Gi. Hist., vol iii., c. 17 
p. 24— Wachsrc uth, II., i., 318.) 



PHTHEIR. 



PHYLOBASILEIS. 



No extraordinary punishment was imposed by 
the Athenian legislator on parricide. Suicide was 
not considered a crime in point of law, though it 
seems to have been deemed an offence against re- 
ligion ; for, by the custom of the country, the hand 
of the suicide was buried apart from his body. 1 
*0'jN"OY AIKH. (Vid. Phonos.) 
4>OPA2 A^ANOTS, ME0HMEP1NH2 AIKH 
(<popuc tupavovc, fiedn/iepcv7}c deter]) is enumerated by 
Pollux 2 among the Athenian Sinai, but we have no 
satisfactory explanation of the meaning. Kiihn 
{vid. note to Dindorff 's edition) explains it thus : 
" Actio in servos operarios, qui non prcestabant dom- 
ino tyopdv aQavovc, pensionem, mercedes de opcris 
qucc erant u<pavr/, i. e., non incurrebant in oculos, uli 
facilitates et opes manifesto. Erat et (popu fiednfie- 
pivfj, mercedes diurntz. $opav Mam Gl. appellant, 
quia offcrebatur domino a servis, vel conductor fere- 
bat conductis opcrariis. Dicitur et a-o^opd.' 1 '' This 
can hardly be correct, as we have no authority 
for supposing that an action could be brought by a 
master against his servant. It might, with greater 
probability, be conjectured to be an action by the 
owner of slaves employed *in manufactures against 
the person to whom they were let out, to recover 
the reserved rent, which might be a certain portion 
of the profits accruing from day to day, and would 
be a(pavr)c to the owner until he got an account from 
the other party. As to the practice of lending slaves, 
vid. Demosth., c. Aphob., 819, 839. Meier 3 conjec- 
tures that the true reading might be <j>upac, theft, 
or <t>(opac, search ; in which case the action would 
be one for unlawfully searching a person's house, 
either secretly (iubavovc), or openly in the daytime 
(fj-ednpeptvTjc). The first conjecture, at least, is 
highly improbable, as there was a di/tn kaotttjc. 

PHORBEIA (<f>op6eia) was a strap fastened at the 
back of the head, with a hole in front fitting to the 
mouthpiece ; it was used by pipers and trumpeters 
to compress their mouths and cheeks, and thus to 
aid them in blowing. See the references under 
Capistrum, and a woodcut on p. 240, which repre- 
sents a woman with the (f>op6eia. 

PHORMINX ((popfityt). ( Vid. L yr a . ) 
*PHOU ((j>ov), the Valeriana officinalis or great 
Wild Valerian.* 

*PHOXI'NUS ((bo^lvoc), the Cyprinus Phoxinus, 
L., or the Minnow. Gesner, however, questions 
this opinion. 5 

PHRATRIA (<j>parpia). (Vid. Civitas, Greek.) 
PHRY'GIO. (Vid. Pallium, p. 718.) 
*PHRYGIUS LAPIS (Qpvyioc Xidoc), the Phry- 
gian stone of the ancients, according to Adams and 
other authorities, would appear to have been a pum- 
ice, with an admixture of alum and other ingredi- 
ents. 6 

-PHRYNOS (6pvvoc), a species of Toad, the 
Rubeta of the Latins. " Commentators are greatly 
puzzled," remarks Adams, " to determine what it 
was. After comparing the ancient accounts of it 
with the characters of the Bufo cornutus, as given 
in the Encyclopedic Methodique, I was forcibly struck 
with their coincidence, and it affords me pleasure 
to find that Schneider also identifies the Phrynus 
or Rubeta with the Bufo cornutus. Agricola con- 
firms the ancient statements of its being venomous, 
but few modern naturalists agree with him. The 
tpvvor ku6oc (called KaAafxirn by the scholiast on Ni- 
c ander) would seem to have been the Bufo calami- 
ta. Russel supposed it venomous. Agricola calls it 
a small green animal, and denies that it is mute." 7 
*PHTHEIR ((pfleip), the Pediculus communis, or 

1. (^sch., c. C'.es., 88, ed. Steph.)— 2. (Onom., viii., 31.)— 3. 
(Att. Proc., 533.)— 4. (Dioscor., i., 10.— Galen., De Simpl., viii.— 
Adams, Append., s. v.)— 5. (Aristot., vi., 12, &c— Adams, Ap- 
pend., s. v.)— 6. (Dioscor., v., 140.— Galen., De Simpl., viii.— 
Ajlani. A.ppen'1 s v.)— 7. (Adanu, Append., s. v.) 



common Louse. Aristotle notices the lice which 
form on fishes. Donnegan, in speaking of these, 
calls them " a kind of small shellfish, that fixes upon 
and derives its food from the bodies of other fishes, 
familiar examples of which may be noticed in the 
common prawn (on the corslet of which a protu- 
berance may often be observed, the parasite being 
covered by a coating of the shell), as also in the 
mussel." 1 

*II. The fruit of a species of Pine, the Pin us 
Pinaster. Consult the remarks of Ritter, in his 
Vorhalle Eur op. Volkergesch., p. 154, in relation to 
the Qdeipocpuyot of antiquity. 

$GOPA TGN EAET9EPQN (fdopd rdv eAevde 
puv) was one of the offences that might be crimi- 
nally prosecuted at Athens. The word <pBopd may 
signify any sort of corruption, bodily or mental ; 
but the expression <pd. r. e. comprehends, if it is not 
limited to, a crime too common among the Greeks, 
as appears from a law cited by ^Eschines. 2 On 
this subject, vid. Proagogeia, and Schomann, Ant. 
Jur. Pub. Gr., p. 335, 338. 

*PHYCIS (<j>vKig), the Blennius Phycis, or Hake, 
called in Italian the Fico. 3 

*PHYCUS (<j)vkoc.) (Vid. Fucus.) 

PHYGE (<j>vyrj). (Vid. Banishment, Greek.) 

PHYLARCHI ((pvXapxot-), generally the prefects 
of the tribes in any state, as at Epidamnus, where 
the government was formerly vested in the QvXap- 
xoi, but afterward in a senate.* At Athens, the of- 
ficers so called were (after the age of Cleisthenes) 
ten in number, one for each of the tribes, and were 
specially charged with the command and superin- 
tendence of the cavalry. 5 There can be but little 
doubt that each of the phylarchs commanded the 
cavalry of his own tribe, and they were themselves, 
collectively and individually, under the control of 
the two hipparchs, just as the taxiarchs were sub- 
ject to the two strategi. According to Pollux, 6 they 
were elected, one from each tribe, by the archons 
collectively ; but his authority can hardly be con- 
sidered as conclusive on this point. Herodotus 7 
informs us that, when Cleisthenes increased the 
number of the tribes from four to ten, he also made 
ten phylarchs instead of four. It has been thought, 
however, 8 that the historian should have said ten 
phylarchs in the place of the old (j>vlo6aaiAelc, who 
were four in number, one for each of the old tribes. 9 

*PHYLLI'TIS ((pvUiric). "It appears proba- 
ble," remarks Adams, " that the Qvaaov alluded to 
by Dioscorides and Theophrastus was the Mercuri- 
alis annua. The fyvKKov of Galen and of Paulus 
JEgineta is a very different substance, namely, the 
leaf of the /xaAd6adpov. Apicius uniformly calls 
the Malabathrum, or Cassia leaf, by the name of 
Folium. ,no 

PHYLOBASILEIS (<pvlo6aailelc). The origin 
and duties of the Athenian magistrates so called 
are involved in much obscurity, and the little 
knowledge we possess *m the subject is derived al- 
most entirely from the grammarians. In the ear- 
liest times they were four in number, representing 
each one of the four tribes, and probably elected 
(but not for life) from and by them. 11 They were 
nominated from the Eupatridae, and during the con- 
tinuance of royalty at Athens these " kings of the 
tribes" were the constant assessors of the sover- 
eign, and rather as his colleagues than counsel- 
lors. 13 From an expression in one of the laws o; 



1. (Aristot., H. A., v., 31. — Adams, Append., s. v. — Donnegan'i 
Lex., 4th edit., s.t.) — 2. (c. Timarch., 2, ed. Steph.) — 3. (Aristot., 
vi., 3 ; viii., 10. — Oppian, Hal., i. — Athen., vii. — Pliny, H. N., 
ix., 26. — Adams, Append., s. v.) — 4. (Aristot., Pol., v., 1.) — 5. 
(Harpocr., s. v. — Pollux, Onom., viii., 94.) — 6. (Onom., viii., 94.) 
— 7. (v., 19.)— 8. (Titmann, Staatsv., 274. 275.) — 9. (Vid. 
Wachsmuth, Hell. Alt., i., I, $ 48, p. 270.)— 1 \ Dioscor., iii., 
111. — Galen., De Simpl., iv. — Adams, Append., s v.) — 11. 'H«« 
sych.. a v.)— 12. (Thirlwall, Hist, of Greece, vol. ii., p. 11 



PHYSIOLOGIA. 



PHYSIOLOGIA. 



Solon, 1 it appears that before his time the kings of 
the tribes exercised a criminal jurisdiction in cases 
of murder or high treason ; in which respect, and 
as connected with the four tribes of the city, they 
may be compared with the " duumviri perduellionis" 
it Rome, who appeared to have represented the 
wo ancient tribes of the Ramnes and Tities. 3 
They were also intrusted (but perhaps in later 
times) with the performance of certain religious 
rites ; and as they sat in the ftaoiXeiov, 3 they prob- 
ably acted as assessors of the upx^v f3aoiieve, or 
"rex sacrificulus," as they had formerly done of the 
King. Though they were originally connected with 
the four ancient tribes, still they were not abolish- 
ed by Cleisthenes when he increased the number 
of tribes and otherwise altered the constitution of 
Athens, probably because their duties were mainly 
of a religious character.* They appear-to have ex- 
isted even after his time, and acted as judges, but 
in unimportant or merely formal matters. They 
presided, we are told, 5 over the court of the Ephe- 
tae, held at the Prytaneium, in the mock trials over 
instruments of homicide (at ruv a^pvxuv Sinai), and 
it was part of their duty to remove these instru- 
ments beyond the limits of their country {to k\nte- 
cov aipvxov virepoplaai). We may reasonably con- 
clude that this jurisdiction was a relic of more im- 
portant functions, such as those described by Plu- 
tarch, 6 from which, and their connexion with the 
Prytaneium, it has been conjectured that they were 
identical with the old Prytanes. 7 Plutarch 8 speaks 
of them both as j3a(u2,eie and TcpvTavelc. In a ipf)- 
<j>i.c/j.a, quoted by Andocides, 9 the title of (laoileTc 
seems to be applied to them. 

*PHYS'ALUS ^vaaloc) and PHYSE'TER (0v- 
cvrfjp). " Aristotle applies the term ^variryp to the 
spiracle or airhole of the whale. It is afterward 
applied by Strabo to the fish itself. Artedi accord- 
ingly refers it, with the QvcraXoc of iElian, to the 
Balana physalus, or Fin-fish." 10 

PHYSIOLO'GIA (QvffioXoyucti), one of the five 
divisions into which, according to some of the an- 
cient writers, the whole science of medicine was 
divided. ( Vid. Medicina.) It treats, as its name 
implies {tyvoic, nature, and %6yoc, a discourse), of the 
nature and functions of the human body, which 
agrees with the definitions found among Galen's 
works ; u and as a knowledge of the parts of the 
human body (or anatomy) is a necessary step to a 
knowledge of its functions, it will be included here 
under the same head. 

The first beginnings of anatomical knowledge 
would arise from the inspection of the victims of- 
fered in sacrifices, and from the dressing of wounds 
and other bodily injuries ; the progress, however, 
that was thus made would naturally be very slow 
and imperfect, and it was soon found that anatomy 
could only be learned by a careful inspection of the 
internal parts of the animal frame, or, in other 
words, by systematic dissection. The Pythagorean 
philosopher, Alcmaeon, is said by Chalcidius 12 to 
have been the first person who dissected animals 
(about B.C. 540) ; this was an important step, and 
with this anatomists remained content for more 
than two hundred years. Alcmaeon appears to have 
made considerable advances on the knowledge of 
his predecessors. The most important of his dis- 
coveries was that of the Eustachian tube, or canal 
1 3ading from the anterior and inner part of the tym- 
panum to the fauces ; and his mistake in saying 

1. (Plut. in Vit., c. 19.)— 2. (Niebuhr, R. H., i., p. 304, Engl, 
transl.) — 3. (Pollux, Onom., viii., 111.) — 4. (Wachsmuth, II., 
i., 307.)— 5. (Pollux, Onom., viii., 120.)— 6. (Solon, c. 19.)— 7. 
rWachsmuth, I., i., 246.— Miiller, Eumcn., t) 67.)— 8. (1. c.)— 9. 
(De Myst., p. 11.)— 10. (Aristot., H. A., vi., 11.— Strabo, p. 145. 
— ^Elian, ix., 49. — Adams, Append., s. v.) — 11. (Introd., c. 7, 
torn, xiv., p. 689. — Definit. Med., c. 11, torn, xix., p. 351, ed. 
Kuhn.)--12. (Comment, in Plat. Timaeum, p. 340, ed. Meurs.) 
772 



that goats breathe through the ear (which la coi 
rected by Aristotle 1 ) may be easily explained by 
supposing that in the animal that he dissegf eci the 
membrana tympani had been accidentally destroyed. 
Pliny notices this opinion of Alcmaeon (though with- 
out correcting it), but attributes it to Archelaus. 5 
Empedocles of Agrigentum (in the fifth century 
B.C.) was the first who noticed the cochlea of the 
ear (/co^/Uwcfyf xovdpoc), which he thought was the 
immediate organ of hearing, 3 and also first gave 
the name amnios (u/uviov or a/uvetov) to the inner- 
most of the membranes surrounding the fcetus. 4 
His contemporary Anaxagoras was perhaps the 
first person who tried to explain the difference of 
the sexes by the place occupied by the foetus in the 
uterus ; the male, said he, 5 is on the right side, the 
female on the left ; and this opinion (though with- 
out the least foundation in fact) one is surprised tc 
find received and repeated by Hippocrates, 6 Aristo- 
tle 7 (who, however, adds 8 that this is not certain, 
as sometimes the contrary takes place), and Galen. 9 
The anecdote of the way in which Anaxagoras, by 
his knowledge of comparative anatomy, quieted a 
tumult occasioned at Athens by the sight of a goat 
with only one horn, may be seen in Plutarch. 16 
Democritus of Abdera (B.C. 460-357) was particu- 
larly celebrated for his knowledge of anatomy, and 
in the graphic description of his appearance and 
way of living when visited by Hippocrates, the earth 
around where he was sitting is noticed as being 
covered with the carcasses of animals that he had 
dissected ; u however, none of his opinions require 
to be particularly specified here. 

The next great physiologist of antiquity, and the 
first whose writings are still extant, is Hippocrates 
(B.C. 460-357) ; though, in fact, it is not certain 
that any of the anatomical works that go under hiss 
name were really written by him. 12 

It would be impossible here to give anything like 
a complete analysis of the physiology of Hippocra- 
tes (and the same apology applies also to the other 
writers hereafter to be mentioned, particularly Aris- 
totle and Galen) ; the reader must be content to 
find here a very brief account of some few facts 
and opinions, and to be referred for farther particu- 
lars to the different histories of medicine. Hippoc- 
rates called both arteries and veins indiscriminately 
by the name of <j)2,e%jj, the word aprrjpia in his wri- 
tings being used to designate the trachea. {Vid. 
Arteria.) His knowledge of the bones appears to 
have been greater than that of the muscles, nerves, 
or viscera. Tendons and nerves he called tovol or 
vevpa, without knowing that the latter convey sen- 
sation, and arise from the brain ; motion, he thought, 
was caused by all the tendinous white cords through- 
out the body without distinction. His theory of 
generation is (as may be inferred from the specimen 
alluded to above) very fanciful and imperfect ; and 
his ignorance of human anatomy appears in his 
speaking of the cotyledons of the uterus, 13 the exist- 
ence of which in woman was for a long time taken 
for granted, on account of their being found in the 
inferior animals. He says that the Scythians be- 
came impotent from being bled behind the ears, 14 a 
theory which may be explained and illustrated by 
the supposed course of the spermatic vessels. 15 

1. (Hist. Anim., i., 9, $ 1, ed. Tauchn.)— 2. (H. N., viii., 76.) 
—3. (Pint., De Phys. Philos. Deer., iv., 16.)— 4. (Pollux, Onom. 
ii., 223. — Rufus Ephes., De Corp. Hum. Part. Appellat., p. 45 
ed. Clinch.) — 5. (Aristot., De Generat. Anim., iv., 1.) — 6. 
(Aphor., $ 5, 48, torn, iii., p. 745, ed. Kiihn.) — 7. (Hist. Anim., 
vii., 3, ^ 3.)— 8. (Ibid.)— 9. (De Usu Part. Corp. Hum., xiv., 4, 
torn, iv., p. 153, 154.) — 10. (Pericl., c. 6.) — 11. (Pseudo-Hippocr., 
Epist., torn, iii., p. 795, 796.)— 12. (Choulant, Handbuoh del 
Biicherkunde fur die jEltere Medecin, Leipz., 8vo, 1841.)— 13. 
(Aphor., § 5, 45, torn, iii., p. 745.) — 14. (De Afire, Aq. et Loc, 
torn, i., p. 561, 562.) — 15. (Compare Hippocr., De Nat. Horn., 
torn, i., p. 364.— Nemes., De Nat. Horn., c 25, p. 244, ed 
Matth.) 



PHiTSIOLOGIA 



PHYSIOLOGIA. 



Upon the \* hole, though the anatomical and physio- 
logical knowledge of Hippocrates has been highly 
extolled by those who overrate the ancient physi- 
cians as much as others ignorantly depreciate them, 
this must be allowed to be one of the most imper- 
fect and unsatisfactory parts of his writings. 

Plato has inserted a good deal of physiological 
matter in his " Timagus," which, with the first book 
of Xenophon's " Memorabilia," may be considered 
as the earliest specimens of what would be now 
called "Natural Theology." One of the most cel- 
ebrated of Plato's anatomical opinions was, that part 
of the fluids that are drunk enters the trachea, 1 an 
assertion which for a long time occasioned great 
disputes among the anatomists of antiquity. 3 The 
word vevpov in his writings means a ligament ; 3 both 
arteries and veins are called <j)Xe6ec ;* and the word 
aprnpia is applied to the trachea. 5 He says the heart 
is the origin of the veins and the fountain of the 
blood. 6 It may be added, that Cicero's fragment 
" De Universitatc" is a translation of part of this 
dialogue; that Galen wrote a work " De Us qua 
Medice Scrip ta sunt in Platonis Timao" of which a 
Latin translation still exists, 7 and that there is also 
a Latin translation and commentary by Chalcidius. 
Vid. J. K. Lichtenstadt, " Platon's Lehren auf dem 
Gebiete der Naturforschung und der Heilkunde. Nach 
den Quellen bearbeitet," Leipz., 1826, 8vo. 

Aristotle's knowledge of human anatomy was 
much superior to that of any of his predecessors : 
•vhether he acquired it by the dissection of animals 
only, it is now impossible to decide. Aristotle is 
the first author who gives the name aoprri to the 
pimcipal artery in the human body ; 8 however, he 
cads it 0An/>, and never seems to suppose the veins 
aud arteries to be distinct and different from each 
other : and the word uprijpta, in all his genuine wri- 
tings, means the trachea. 9 He says the brain is en- 
tirely unsuppiied with blood ; 10 that the trachea re- 
ceives neither fluid nor solid, but only air ; u that 
man's brain is larger than that of any other animal ; 13 
that the heart contains three ventricles, 13 though 
in another place he seems to say that there are 
only two ; l * and that there are on each side eight 
ribs. 15 

Praxagoras, who was the preceptor of Herophi- 
lus, contributed much to the science of Physiology ; 
but the honour of discovering that the arteries and 
veins are distinct, and of being the first who appli- 
ed the word aprnpla to the bloodvessels which now 
bear that name, is disputed by Kiihn, " Commenta- 
tio De Praxagora Coo," Opusc. Acad. Med. et Philo- 
logy torn, ii., p. 128, sq. 

Inferior to Hippocrates in medical skill, enjoying 
far less posthumous influence and renown, but much 
above him as anatomists, were Herophilus and 
Erasistratus, who were contemporaries, and lived 
in the third century before Christ. The former is 
said expressly by Galen 16 to have dissected human 
bodies, and the latter, in a fragment preserved by 
Galen, 17 speaks of himself as having dissected a hu- 
man brain. They were probably the first persons 
who ventured to do this, and their example was 
followed by very few (if any) of their successors. 
The writer is not aware of any passage even in 
Galen's writings which proves that he dissected 
human bodies ; while the numerous passages, both 
in Galen's works and in those of other anatomists, 
recommending the dissection of apes, bears, goats, 

1. (c 45, ed. Stallbaum.) — 2. (Vid. Guidot, Prolegom. ad 
Theoph., De Urin., p. 3, seq.)— 3. (c. 50, &c.)— 4. (c. 56.)— 5. (c. 
45.)— 6. (Ibid.)— 7. (torn. 5. ed. Chart.)— 8. (Hist. Anim., i., 14, 
3 ; iii., 3, t> 1.)— 9. (lb., i., 13, t> 5, &c. ; iii., 3, t) 6, &c.)— 10. 
(lb., i., 13, 3 ; iii., 3, t) 8.)— 11. (lb., i., 13, t) 8.)— 12. (lb., i., 
13, v 2.)— 13. (lb., iii., 3. t) 2 ; i., 14, t> 2.)— 14. (De Part. Anim., 
in., 7, p. 86, ed. Tauchn.)— 15. (Hist. Anim., i., 10, t) 6.)— 16. 
(De Uteri Dissect., c. 5, p. 895, torn, ii.)— 17. (De Hippocr. et 
Plat. Deer., v.i., 3, p. 602, 646, torn, v.) 



and other anln als, would seem indirectly to prove 
that human bodies were seldom or never used for 
that purpose. 1 Herophilus and Erasistratus are 
said also to have dissected criminals alive; 3 but 
whether this was really the case, or whether the 
story arose from their having been among the first 
who dissected human bodies, it is not easy to deter- 
mine. They were the first persons who considered 
the nerves to be the organs of sensation, 3 though, 
like Aristotle, Herophilus continued to call them 
canals, Ttapoi. * However, he so far agreed with the 
ancient opinion on the subject as to say that some 
of the nerves arise from bones and connect the 
articulations, 5 thus confounding the nerves with 
the ligaments. He gave the name Invoc to the 
common point to which the sinuses of the dura 
mater converge, 6 which is still called, after him, the 
torcular Herophili. He was also the author of the 
name calamus scriptorius, which is still applied to 
the angular indentation in the posterior part of the 
medulla oblongata. 7 That part of the intestines 
which is called the duodenum (dudeKaddKTvXos) de- 
rived its name from him. 8 For farther information 
respecting Herophilus, see a memoir by K. F. H 
Marx, entitled " Herophilus ; ein Beitrag zur Ges 
chichte der Medicin," Carlsr., 8vo, 1838. Erasis- 
tratus was not less celebrated as an anatomist than 
Herophilus, though his name is connected with 
fewer discoveries. The tricuspid valves (Tpiyhu- 
Xt-vec), placed to guard the communication be- 
tween the right auricle and ventricle, received their 
name from him. 9 The bile and the spleen he con- 
sidered altogether useless. 10 The trachea derives 
its name from him, as he was the first person who 
added to the word aprnpla, tyhich had hitherto des 
ignated the windpipe, the epithet rpaxela, to dis 
tinguish it from the arteries, and he also correcte; 
the opinion of Plato mentioned above. 11 

Eudemus, a contemporary of Herophilus, is men 
tioned together with him by Galen, 13 as having dis- 
covered the pancreas, though he does not give it 
any name. 

Celsus (who is supposed to have lived in the first 
century after Christ), in his work "De Medicina," 
defends the necessity of the study of anatomy, 13 and 
seems to recommend the dissection of human bod- 
ies. He has inserted some anatomical matter in 
different parts of his work, but his language is not 
always technically correct, as the trachea he calls 
arteria, 1 * though in other places that word means an 
artery ; 15 vena sometimes means an artery ; 16 uterus 
sometimes means the abdomen ; 17 ncrvus sometimes 
means a tendon, 18 and sometimes even a muscle. 19 
There is no anatomical discovery attached to his 
name. 

Marinus, in the second century after Christ, is 
called by Galen 20 one of the restorers of anatomy, 
which appears to have fallen into neglect. He de- 
scribes particularly the mesenteric glands, 21 fixed 
the number of the pairs of the cerebral nerves av 
seven, and first noticed the palatine nerves, which 

1. (Vid. Rufus Ephes., De Corp. Hum. Part. Appellat., i., p 
33. — Galen, De Anat. Administrate iii., 5, p. 384, torn. ii. — Id., 
De Muse. Dissect., c. 1, torn, xviii., B., p. 930. — Theophilus, De 
Corp. Hum. Fabr., lib. v., c. 11, 20.)— 2. (Celsus, De Medic, 
lib. i., Prsef., p. 6, ed. Bip. — Tertullian, De Aninia, c. 10, p. 757.; 
3. (Rufus Ephes., p. 65.)— 4. (Galen, De Libr. Prop., c. 3, p. 30, 
torn, xix.)— 5. (Rufus Ephes., 1. c )— 6. (Galen, De Us'» Part 
Corp. Hum., ix., c. 6, p. 706, torn, iii.)— 7. (Galen, De Adininist. 
Anat., ix., c. 5, p. 731, torn, ii.)— 8. (Galen, ib., p. 173.— De Locis 
Affect., vi., p. 311, torn, viii.— Theoph., De Corp. Hum. Fabr., 
lib. ii., c. 7, i> 10.)— 9. (Galen, De Hippocr. et Plat. Deer., vi., 
p. 548, torn, v.)— 10. (Galen, De Facult. Nat., ii., p. 100 ; torn, 
ii., lib. iii., p. 112.)— 11. (Plut., Sj-mp., vii., 1.— Macrob., Saturn., 
vii., 15.)— 12. (De Semine, ii., 6, torn, iv., p. 646.)— 13. (lib. i., 
Pnef., p. 6, 19.)— 14. (i., 5, p. 34 ; iv., 1, p. 169, &c.)— 15. (ii., 
10, p. 77, &c.)— 16. (lib. i., Pnef., p. 5, &c.)— 17. (Ib., p. 1 1 ; iv., 
1, p. 169.)— 18. (viii.. l,p. 456.)— 19. (vii., 18, p. 413.)— 20. (De 
Hippocr. et Plat. Deer., viii., p. 050, torn, v.)— 21. (Galea Po 
Semine, ii., 6, torn, iv., p. 647.) 

i s 



PHYSIOLOGIA. 



PiCUS 



he considered as the fourth pair ; x the auditory and 
facial nerves he reckoned as the fifth pair, 2 the lin- 
gual as the sixth. 3 

About the same time lived Rums Ephesius, the 
author of a useful work entitled Jlepl 'Ovop,aaiac rdv 
rov 'AvOpuTtov Mopiuv, " De Apellationibus Partium 
Corpoiis Humani." This, as its name implies, is 
not so much a treatise on Anatomy as on anatom- 
ical terms ; and it may be mentioned that the sec- 
ond book of the 'Ovopiaaritcov, " Onomasticon," of 
Julius Pollux contains also a list of the words used 
in medicine. Soranus, although belonging to the 
sect of the Methodici, who neglected Anatomy, has, 
in the fourth and fifth chapters of his work Ilepl 
TwauiEuov Haduv, " De Arte Obstetricia Morbisque 
Mulierum," given one of the most accurate descrip- 
tions of the uterus that remain from antiquity, and 
appears to have derived his knowledge from the 
dissection, not of animals, but of the human body. 4 
The description of the uterus given by Moschion, 
his contemporary, in the early chapters of his work 
Jlepl ruv Tvvaineiuv Haduv, " De Mulierum Passion- 
ibus," does not much differ from that by Soranus. 

The next writer that we come to is Galen (A.D. 
131-201), the most celebrated, and, at the same time, 
the most accurate and voluminous anatomist and 
physiologist of antiquity. Anatomy and Physiology 
seem to have been always Galen's favourite study, 
and his writings on these subjects continued to be 
the standard works of reference for many centuries. 
A very brief sketch of some of his opinions and 
discoveries is all that can be given ; but it may be 
mentioned that there is " A Cursory Analysis of 
the Works of Galen, so far as they relate to Anato- 
my and Physiology," by Dr. Kidd, in the sixth vol- 
ume of the " Transactions of the Provincial Med- 
ical and Surgical Association," from which most 
of the following remarks are taken. He considered 
the vena cava hepatica of modern anatomy as the 
commencement or root of the venous system of the 
body at large. 5 He gives a clear description of the 
form and position of the tricuspid and mitral valves, 
and also of the sigmoid valves of the aorta and pul- 
monary artery. 6 He admitted that the arteries 
contain air, 7 but asserted, at the same time, that 
they naturally contain blood also; 9 and he remarked 
that it may be known when an artery is wounded, 
not only by the lighter colour of the blood which 
flows from it, but also by the pulsative manner in 
which the blood is projected from it. 9 He supposed 
that in all parts of the body there is a free anasto- 
mosis between the minute pores or channels which 
connect the arteries with the veins, 10 but he con- 
fesses that he is totally unable to explain why Na- 
ture, which does nothing uselessly or without de- 
sign, should have made different vessels (viz., ar- 
teries and veins) to contain the same fluid. 11 In my- 
ology, says Sprengel, Galen made some important 
discoveries, and boasts that he has given a descrip- 
tion of eight muscles that were unknown before his 
time. 12 He first discovered certain branches of the 
eighth pair of nerves (called by him the sixth), to 
which, from the peculiarity of their course, he gave 
the name 7ra?avdpo/LiovvTec, or " recurrent," a name 
which they still bear. 

The twenty-fourth and twenty-fifth books of the 
Ivvayuyal 'larpiKai, "Collecta Medicinalia," of 
Oribasius, contain a system of Anatomy compiled 
from Rufus Ephesius, Galen, and Soranus ; there 

1. (Id., De Nervor. Dissect., p. 837, torn, ii.)— 2. (lb., p. 838.) 
3. (Id., De Usu Part. Corp. Hum., xvi., 6, torn, iv., p. 294.)— 4. 
(c. 5, p. 13, ed.Dietz.)— 5. (De Usu Part. Corp. Hum., iv., c. 6, 
torn, iii., p. 272.)— 6. (De Usu Part. Corp. Hum., vi., 13, 14, 
torn, iii., p 469, 476, seq.)— 7. (An in Alter. Sang. Contin., torn, 
iv., p. 722>.j— 8. (lb., p. 703, 704.)— 9. (De Loc. Affect., ] b. i., 
torn, viii., p. 5.)— 10. (De Usu Part. Corp. Hum., vi., 16, torn, iii., 
p. 455.)—ll. (An in Arter. Sang. Contin., torn, iv., p 722.)— 12. 
lOe Anat. Administ., i„ 3. p. 231, torn, ii '. 
774 . 



is in them (as far as the wrier is awa:e) nothing 
new, but in another place he mentions having him- 
self dissected apes. 

About the same time (the end of the fourth cen- 
tury after Christ) lived Nemesius, the author of a 
work Ilepl fyvceue 'Avdpuirov, De Natura Hominis. 
This is a very interesting little treatise, but it has 
enjoyed more celebrity than perhaps it deserves, 
on account of two curious passages ; in one oi 
which 2 he is supposed by some of the most zealous 
admirers of the ancients to have discovered the 
circulation of the blood, and in the other 3 the use 
of the bile. He plainly distinguishes the nerves 
from the tendons, saying that the former possess 
sensibility, which the latter do not.* An anony- 
mous work, entitled Elaayuy^ 'Avaro/uiKr/, " Isa- 
goge (or Introductio) Anatomica," is supposed to 
belong to the same age ; it is chiefly taken from 
Aristotle's works, and does not require more par- 
ticular notice. 

The next work we come to is by Theophilus Pro 
tospatharius, who is generally supposed to have 
lived in the seventh century, but who probably be- 
longs to a later date. It is entitled Ilepl rfjc rod 
'AvtipuKOv Karacicevrjc, " De Corporis Humani Fab- 
rica," and is in five books. It is, for the most part, 
taken word for word from Galen, " De Usu Partium 
Corporis Humani," and Hippocrates, "De Genitu- 
ra" and " De Natura Pueri," from whom, however, 
he sometimes differs. The work of Meletiuj (a 
monk who lived probably in the eighth or ninth 
century), Ilepl r;)f rov 'Avdpuirov KaraaKevijc, " De 
Hominis Fabrica," does not require any particular 
notice ; nor that by Constantinus Afer (who lived 
in the eleventh century), " De Membris Principali- 
bus Corporis Humani." 

Besides these works, which may be considered 
as more especially anatomical and physiological, 
several of the early Christian fathers have left 
treatises on Natural Theology, pointing out " the 
wisdom, and power, and goodness of God," as dis- 
played in the structure of the human frame. Such 
are St. Ambrose, De Noc et Area (c. 6-9) ; Id., Hex- 
aimer on (vi., 9) ; St. Basil, Hepl rfjc rov 'Avdpuirov 
KaracKEvric, " De Structura Hominis Orationes 
Tres" (which, however, is probably not genuine) ; 
St. Chrysostom, " Homil. XI. ad Antiochenos ;" 
St. Gregory of Nyssa, De verbis " Faciamus Homi- 
nem," &c, Orationes Duae ; Id., Uepl K&raGnevf/c. 
'Avdpunov, " De Hominis Opificio" (written as a 
supplement to his brother St. Basil's unfinished 
work, entitled 'Egar/fiepov, Hexaemeron) ; Theodo- 
ret, Hepl Upovocac, "De Providentia," Orat. iii., 
iv. ; and Lactantius, " De Opificio Dei." Some of 
these works are well worth reading for their scien- 
tific correctness as well as their piety ; but some 
parts, it must be confessed, are very strange and 
fanciful. However, they add nothing to the amount 
of anatomical knowledge already in the world, as 
probably every statement in their writings that is 
not erroneous (and many of those that are) may be 
found in the works of Galen. The same may be 
said of the Arabian writers, of whom several (e.g., 
Alzaharavius, Avicenna, Haly Abbas, Razes, &c), 
have prefixed to their medical works a physiologi- 
cal introduction, which it would be out of place to 
notice here more particularly. 

*PICA. (Vid. Citta.) 

*PICEA. (Vid. Pinus.) 

*PICUS, the Woodpecker, a bird sacred to Mars, 
and from which omens were wont to be drawn by 
the nations of Italy. A bird of this species guided 
a colony of the Sabines, sent out in consequence ol 
a vow of a sacred spring (Ver Sacrum), and also 

1. (lib. vii., c. 6, p. 310. ed. H Steph.)— 2. (c. 24, p. 242, ed 
Matth.)— 3. (c. 28, p. 260. )-4. (c. 27, » 251.) 



PIGNUS. 



PIGNUS 



gave name {Piccnlini) to the new community. ( Vid. 

Dryocolaptes) 

PIGNORATPCIA ACTIO. (Vid. Pignus.) 
PI'GNORIS CA'PIO. ( Vid. Per Pignoris Capi- 

ONEM.) 

PIGNUS, a pledge or security for a debt or de- 
mand, is derived, says Gaius, 1 from pugnus, " quia 
qua. pignori dantur, manu traduntur." This is one 
of several instances of the failure of the Roman ju- 
rists when they attempted etymological explana- 
tion of words. {Vid Mutuum.) The element of 
pignus ( pig) is contained in the word pa(n)g-o and 
its cognate forms. 

A thing is said to be pledged to a man when it is 
made a security to him for some debt or demand. 
It is called pignus when the possession of the thing 
is given to him to whom it is made a security, and 
hypotheca when it is made a security without be- 
ing put in his possession. 2 The law relating to 
pignus and hypotheca was in all essentials the 
same. The object of the pledging is that the 
pledgee shall, in case of necessity, sell the pledge 
and pay himself his demand out of the proceeds. 

A pledge may be given (res hypotheca dari potest) 
for any obligation, whether money borrowed (mutua 
pecunia), dos, in a case of buying and selling, letting 
and hiring, or mandatum ; whether the obligatio is 
conditional or unconditional ; for part of a sum of 
money as well as for the whole. 3 Anything could 
be the object of pledge which could be an object of 
sale :* it might be a thing corporeal or incorporeal, 
a single thing or a university of things. If a single 
thing was pledged, the thing with all its increase 
was the security, as in the case of a piece of land 
which was increased by alluvio. If a shop (taber- 
na) was pledged, all the goods in it were pledged ; 
md if some of them were sold and others brought 
n, and the pledger died, the pledgee's security was 
'he shop and all that it contained at the time of 
the pledger's death. 5 If all a man's property was 
pledged, the pledge comprehended also his future 
property, unless such property was clearly ex- 
cepted. 

The act of pledging required no particular form, 
tn which respect it resembled contracts made by 
consensus. Nothing more was requisite to estab- 
lish the validity of a pledge than proof of the agree- 
ment of the parties to it. It was called contractus 
pigneratitius when it- was a case of pignus, and 
pactum hypothecae w r hen it was a case of hypoth- 
eca : in the former case, tradition was necessary. 
A man might also, by his testament, make a pignus. 
The intention of a man to pledge could in any case 
be deduced either from his words or from any acts 
which admitted of no other interpretation than an 
intention to pledge. 

A man could only pledge a thing when he was 
the owner and had full power of disposing of it ; 
but a part owner of a thing could pledge his share. 
A man could pledge another man's property if the 
other consented to the pledge at the time or after- 
ward, but in either case this must properly be con- 
sidered the pledge of the owner for the debt of 
another. If a man pledged a thing which was not 
his, and afterward became the owner of it, the 
pledge was valid. 6 

The amount for which a pledge was security de- 
fended on the agreeme nt : it might be for principal 
and interest, or for either ; or it might comprehend 
principal and interest, and all costs and expenses 
which the pledgee migl t be put to on account of the 
thing pledged. For ir stance, a creditor would be 

1. (Dig. 50, tit. 16, s. 238.)— 2. (Dig. 13, tit. 7. s. 9— Isid., 
Orig., v.. 25.— See also Cic. ad Fam., xiii., 56.)— 3. (Dig. 20, 
til. I,s. 5.)— 4. (Dig. 20, tit. 1, s. 9.)— 5. (Dig. 20, tit. 1, s 34.) 
~* (Dig. 13, ti« 7, s. 20.— Dig. 20, tit. 2, s. 5.) 



entitled to his necessary expenses 3oncenung a 
slave or an estate which had been pigaerated. 

Pignus might be created by a judicial sentence, 
as, for instance, by the decree of the praetor giving 
to a creditor power to take possession of his debt- 
or's property (missio crcdiloris in bona debitoris), ei- 
ther a single thing, or all his property, as the case 
might be. But the permission or command of the. 
magistratus did not effect a pledge, unless the per 
son actually took possession of the thing. The fol 
lowing are instances: the immissio damni infect i 
causa (vid. Damnum Infectum) : legatorum servan- 
dorum causa, which had for its object the securing 
of a legacy which had been left sub conditione or 
die :* missio ventris in possessionem, when the 
pregnant widow was allowed to take possession of 
the inheritance for the protection of a posthumus : 
and the missio rei servanda causa. The right 
which a person obtained by such immissio was 
called pignus praetorium. It was called pignoris 
capio when the praetor allowed the goods of a per- 
son to be taken who was behaving in contempt of 
the court, or allowed his person to be seized after 
a judgment given against him (ex causa judxeati). 

There was also among the Romans a tacita hy • 
potheca, which existed not by consent of the par 
ties, but by rule of law (ipso jure), as a consequence 
of certain acts or agreements, which were not acts 
or agreements pertaining to pledging 2 (in quibus 
causis pignus vel hypotheca tacite contrahitur). These 
hypothecae were general or special. The following 
are instances of what were general hypothecae. 
The fiscus had a general hypotheca in respect of its 
claims on the property of the subject, and on the 
property of its agents or officers : the husband on 
the property of him who promised a dos ; and leg- 
atees and fideicommissarii in respect of their lega- 
cies or fideicommissa, on that portion of the hered 
itas of him who had to pay the legacies or fidei- 
commissa. There were other cases of general hy- 
pothecae. 

The following are instances of special hypothe- 
cae : The lessor of a praedium urbanum had an hy- 
potheca in respect of his claims arising out of the 
contract of hiring on everything which the lessee 
brought upon the premises for constant use (invecta 
et illata). The lessor of a praedium rusticum had 
an hypotheca on the fruits of the farm as soon as 
they were collected. 3 A person who lent money to 
repair a house had an hypotheca on the house and 
the ground on which it stood, provided the money 
were laid out on it. Pupilli and minores had an 
hopotheca on things which were bought with their 
money. 

The person who had given a pledge was still the 
owner of the thing that was pledged. He could 
therefore use the thing and enjoy its fruits. But 
the agreement might be that the creditor should 
have the use or profit of the thing instead of inter- 
est, which kind of contract was called antichresis, 
or mutual use : and if there was no agreement as 
to use, the creditor could not use the thing. The 
pledger could also sell the thing pledged, unless 
there were some agreement to the contrary, but 
such sale did not affect the right of the pledgee. If 
the pledger sold a movable thing that was pigner- 
ated without the knowledge and consent of the 
creditor, he was guilty of furtum. If the pledger, at 
the time of a pignus being given, was not the owner 
of the thing, but had the possession of it, he could 
still acquire the property of the thing by usucapion. 
{Vid. Possessio.) 

The creditor could keep possession of a pigner- 
ated thing till his demand was fully satisfied, and he 



1. (Die. 36. tit. 4.)— 2. (Dig. 20. t ; t. 2.)— 3. (Dig. 20, tit 2, 8. 
7 -Dif. 19, tit. 2, 8. 24.) 

775 



PIGNUS. 



i'lGNUS. 



could maintain his right to the possession against 
any other person who obtained possession of the 
thing. He could also pledge the thing that was 
pledged to him. He had also the right, in case his 
demand was not satisfied at the time agreed on, to 
sell tne thing and satisfy his demands out of the 
proceeds (jus distrahendi sive vendendi pignus). 
Gaius 1 illustrates the maxim that he who was not 
the owner of a thing could in some cases sell it, by 
the example of the pledgee selling a thing pledged ; 
but he properly refers the act of sale to the will of 
the debtor, as expressed in the agreement of pledg- 
ing ; and thus, in legal effect, it is the debtor who 
sells by means of his agent, the creditor. An 
agreement that a pledge should be forfeited in case 
the demand was not paid at the time agreed on, 
was originally very common, but it was declared 
by Constantine to be illegal. (Vid. Commissoria 
Lex.) In case of a sale, the creditor, according to 
the later law, must give the debtor notice of his in- 
tention to sell, and after such notice he must wait 
two years before he could legally make a sale. If 
anything remained over after satisfying the credit- 
or, it was his duty to give it to the debtor ; and if 
the price was insufficient to satisfy the creditor's 
demand, his debtor was still his debtor for the re- 
mainder. If no purchaser at a reasonable price 
could be found, the creditor might become the pur- 
chaser, but still the debtor had a right to redeem 
the thing within two years on condition of fully sat- 
isfying the creditor. 2 

If there were several creditors to whom a thing 
was pledged which was insufficient to satisfy them 
all, he whose pledge was prior in time had a prefer- 
ence over the rest (potior est in pignore qui prius 
credidit pecuniam et accepit hypothecam 3 ). There 
were some exceptions to this rule ; for instance, 
when a subsequent pledgee had lent his money to 
save the pledged thing from destruction, he had a 
preference over a prior pledgee. 4 This rule has 
been adopted in the English law as to money lent 
on ships and secured by bottomry bonds. 

Certain hypothecae, both tacitae and founded on 
contract, had a preference or priority ( privilegium) 
over all other claims. The fiscus had a preference 
in respect of its claims ; the wife in respect of her 
dos ; the lender of money for the repair or restora- 
tion of a building ; a pupillus with whose money a 
thing had been bought. Of those hypothecae which 
were founded on contract, the following were priv- 
ileged : the hypothecae of those who had lent money 
for the purchase of an immovable thing, or of a 
shop, or for the building, maintaining, or improving 
of a house, &c, and had contracted for an hypothe- 
ca on the thing ; there was also the hypotheca 
which the seller of an immovable thing reserved 
by contract until he was paid the purchase-money. 
Of these claimants, the fiscus came first ; then the 
wife in respect of her dos ; and then the other priv- 
ileged creditors, according to their priority in point 
of time. 

In the case of unprivileged creditors, the general 
rule, as already observed, was, that priority in time 
gave priority of right. But an hypotheca which 
could be proved by a writing executed in a certain 
public form (instrumentum publice confectum), or 
which was proved by the signatures of three repu- 
table persons (instrumentum quasi publice confectum), 
had a priority over all those which could not be so 
proved. If several hypothecae of the same kind 
were of the same date, he who was in possession 
of the thing had a priority. 

The creditor who had for any reason the priority 
ovei the rest, was entitled to be satisfied to the full 

I. tii., 64.)— 2. (Cod., vhi., tit 34, s 3.)— 3. (Dig 20, fit. 4. 
i Jl.)— 4. (Dig. 20, tit. 4, s. 5, 6.) 
77G 



amount of his claim out of the proceeds of the ttur g 
pledged. A subsequent creditor could obtain the 
rights of a prior creditor in several ways. If he 
furnished the debtor with money to pay off the debt, 
on the condition of standing in his place, and th« 
money was actually paid to the prior creditor, th*» 
subsequent creditor stepped into the place of tlw 
prior creditor. Also, if he purchased the thing ou 
the condition that the purchase-money should go to 
satisfy a prior creditor, he thereby stepped into hia 
place. A subsequent creditor could also, without 
the consent either of a prior creditor or of the debt- 
or, pay off a prior creditor, and stand in his place 
to the amount of the sum so paid. This arrange- 
ment, however, did not affect the rights of an inter 
mediate pledgee. 1 

The creditor had an actio hypothecaria in respect 
of the pledge against every person who was in pos- 
session of it, and had not a better right than him 
self. This right of action existed indifferently in 
the case of pignus and hypotheca. A lessor had 
this action for the recovery of the possession of a 
praedium, when the rent was not paid according to 
agreement. A creditor who had a pignus had also 
a right to the interdictum retinendae et recuperan- 
dae possessionis, if he was disturbed in his pos- 
session. 

The pledgee was bound to restore a pignus on 
payment of the debt for which it had been given, 
and up to that time he was bound to take proper 
care of it. On payment of the debt he might be 
sued in an actio pignoraticia by the pledger for the 
restoration of the thing, and for any damage that it 
had sustained through his neglect. The remedy ol 
the pledgee against the pledger for his proper costs 
and charges in respect of the pledge, and for any 
dolus or culpa on the part of the pledger relating 
thereto, was by an actio pignoratitia contraria. 

The law of pledges at Rome was principally 
founded on the Edict. Originally the only mode of 
giving security was by a transfer of the quiritarian 
ownership of the thing by mancipatio or in jure 
cessio if it was a res mancipi, on the condition of 
its being reconveyed when the debt was paid (sub 
lege r emancipations or sub Jiducia). (Vid. Fiducia.) 
But in this case the debtor had no security against 
the loss of his property. Afterward it seems that 
a thing was merely given to the creditor with the 
condition that he might sell it in case his demand 
was not satisfied. But, so long as the creditor could 
not protect his possession by legal means, this was 
a very insufficient security. Ultimately the praetor 
gave a creditor a right of action (actio in rem), under 
the name Serviana actio, for the recovery of the 
property of a colonus which was his security for his 
rent (pro merccdibus fundi) ; and this right of ac 
tion was extended, under the name of quasi Servi- 
ana or hypothecaria, generally to creditors who had 
things pignerated or hypothecated to them. 2 As to 
the interdictum Salvianum, see Interdictum. 

The Roman law of pledge was gradually develop 
ed, and it would be rather difficult to show in aiy 
satisfactory way the various stages of its growth. 
Some of the rules of law as to pledges mentioned 
in this article belong to a later period. 

The Roman law of pledge has many points of re- 
semblance to the English law, but more is compre- 
hended under the Roman law of pledge than the 
English law of pledge, including in that term mort- 
gage. Many of the things comprehended in the 
Roman law of pledge belong to the English law of 
lien, and to other divisions of English law which are 
not included under pledge or mortgage. 3 

There is an English treatise, entitled '• The Law 

1. (Dig. 20, tit. 4, s. 16)— 2. (Inst., iv., tit. 6, s. 7.)— 3. (Diff 
20, tit. 1,2, 3, &c— Cod. -iii.tit 14,15, fcc.) 



PiLA. 



PILEUS. 



ot Pledges or Pawns, as it was in use among the 
Romans, &c., by John Ayliffe, London, 1732," 
which appears to contain all that can be said, but 
the aulhor's method of treating the subject is not 
perspicuous. 

PILA (atpaipa), a Ball. The game at ball (apcupio- 
Tinn) was one of the most favourite gymnastic ex- 
ercises of the Greeks and Romans from the earliest, 
imes to the fall of the Roman Empire. As the an- 
cients were fond of attributing the invention of all 
games to particular persons or occasions, we find 
the same to be the case with respect to the origin 
of this game ; l but such statements do not deserve 
attention. What is more to the purpose in refer- 
ence to its antiquity is, that we find it mentioned in 
the Odyssey, 2 where it is played by the Phaeacian 
damsels to the sound of music, and also by two cel- 
ebrated performers at the court of Alcinous in a 
most artistic manner, accompanied with dancing. 

The various movements of the body required in 
the game of ball gave elasticity and grace to the 
figure, whence it was highly esteemed by the 
Grei ks. The Athenians set so high a value on it, 
that they conferred upon Aristonicus of Carystus 
the right of citizenship, and erected a statue to his 
honour, on account of his skill in this game. 3 It 
was equally esteemed by the other states of Greece ; 
the young Spartans, when they were leaving the 
condition of ephebi, were called a<pat.peig,* probably 
because their chief exercise was the game at ball. 
Every complete gymnasium had a room (ctpaipic- 
Trjptov, otiaiptGTpa) devoted to this exercise (vid. 
Gymnasium), where a special teacher (a^atpLCTiKog) 
gave instruction in the art ; for it required no small 
skill and practice to play it well and gracefully. 

The game at ball was as great a favourite with 
the Romans as the Greeks, and was played at 
Rome by persons of all ages. Augustus used to 
play at ball. 5 Pliny 6 relates how much his aged 
friend Spurinna exercised himself in this game for 
the purpose of warding off old age ; and under the 
Empire it was generally played at by persons before 
taking the bath, in a room (spharisterium) attached 
to the baths for the purpose ; in which we read of 
the pilicrepus, or player at tennis. 7 

The game at ball was played at in various ways : 
the later Greek writers mention five different 
modes, ovpavia, knioKvpog, (paivivda, dpiraarov, airop- 
fraZig, and there were probably many other varie- 
ties. 1. Ovpavia was a game in which the ball was 
thrown up into the air, and each of the persons 
who played strove to catch it before it fell to the 
ground. 8 2. 'ErrioKvpog, also called e<j>n6iK7J and 
E-LKotvoc, was the game at football, played in much 
the same way as with us, by a great number of per- 
sons divided into two parties opposed to one anoth- 
er. 9 This was a favourite game at Sparta, where 
it was played with great emulation. 10 3. baivlvda, 
called E(peTtv5a by Hesychius, 11 was played by a 
number of persons, who threw the ball from one to 
another ; but its peculiarity consisted in the person 
who had the ball pretending to throw it to a certain 
individual, and while the latter was expecting it, 
suddenly turning and tlfrowing it to another. Va- 
rious etymologies of this word are given by the 
grammarians. 12 4. 'ApTtaarov, which was also play- 
ed at by the Romans, is spoken of under Harpas- 
tum. 5. 'A-rop/xzftf was a game in which the play- 
er threw the ball to the ground with such force as 

1. (Herod., i., 94. — Athen., i., p. 14, d., e. — Plin., H. N., vii., 
56.)— 2. (vi., 100, &c. ; viii., 370, &c.)— 3. (Athen., i., p. 19, a. 
— Co.npare Snidas, s. v. "OpxiS-) — 4. (Paus., iii., 14,$ 6. — 
Bockh, Corp. Inscr., a. 13S6, 1432.)— 5. (Suet., Octav., 83 .)— 6. 
(Ep., iii., 1.)— 7. (Sen., Ep., 57.— Ore-lli, Inscr., n. 2591.)— 8. 
(Pollux, Onom., ix., 106.— Hesych. and Phot., s. v.— Eustath. 
ad Od., viii., 372, p. 1601.)— 9. (Pollux, Onom., ix.. 104.)— 10. 
(Siebelis ad Paus., iii., 14, t> 6.)— 11. (s. v.)— 12. (Pollux, Onom., 
it., 105.— Etyrn. M»g s. v. •Pcvvis-— Athen., i., p. 15, a.) 
6 F 



to cause it to rebound, when he struck it down 
again with the palm of his hand, and so went on 
doing many times : the number of times was count- 
ed. 1 We learn from Plato, 2 that in one game of 
ball, played at by boys, though we do not know 
what kind it was, the boy who was conquered was 
called ass (ovoc), and the one who conquered was 
named king (Paaifovg). 

Among the Romans, the game at ball was also 
played at in various ways. Pila was used in a gen- 
eral sense for any kind of ball ; but the balls among 
the Romans seem to have been of three kinds : the 
pila in its narrower sense, a small ball ; the follis, a 
great ball filled with air (vid. Follis) ; and the pa- 
ganica, of which we know scarcely anything, as it is 
only mentioned in two passages by Martial, 3 but 
from the latter of which we may conclude that il 
was smaller than the follis and larger than the pila. 
Most of the games at ball among the Romans seem 
to have been played at with the pila or small ball. 
One of the simplest modes of playing the ball, 
where two persons standing opposite to one anoth- 
er threw the ball from one to the other, was called 
datatim ludere* But the most favourite game at 
ball seems to have been the trigon, or pila trigonalis. 
which was played at by three persons, who stood in 
the form of a triangle, kv rpiyuvu. We have no 
particulars respecting it, but we are told that skil- 
ful players prided themselves upon catching and 
throwing the ball with their left hand. 5 

The ancient physicians prescribed the game at 
ball, as well as other kinds of exercise, to their pa- 
tients ; Antyllus 6 gives some interesting informa- 
tion on this subject. 

The persons playing with the pila or small ball in 
the annexed woodcut are taken from a painting in 
the baths of Titus, 7 but it is difficult to say what 
particular kind of game they are playing at. Three 
of the players have two balls each. 8 




PILA. ( Vid. Mortakium.) 
PILA'NI. (Vid. Army, Roman, p. 103.) 
PILENTUM, a splendid four-wheeled carnage, 
furnished with soft cushions, which conveyed the 
Roman matrons in sacred processions, and in going 
to the Circensian and other games. 9 This distinc 
tion was granted to them by the senate on account 
of their generosity in giving their gold and jewels 
on a particular occasion for the service of the 
state. 10 The vestal virgins were conveyed in the 
same manner. 11 The pilentum was probably very 
like the Harmamaxa and Carpentum, but open at 
the sides, so that those who sat in it mijht both see 
and be seen. 

PPLEUS or PTLEUM, 12 pilca virorum sunt," 

1. (Pollux, Onom., ix., 105.)— 2. (The;et., p. 146.)— 3. (vii., 32. 
7; xiv., 43.)— 4. (Plaut., Cure, ii., 3, 17.)— 5. (Mart., xiv, 40 ; 
vii., 72, 9.) — 6. (ap. Oribas., vi., 32.) — 7. (Descr. des bains de 
Titus, pi. 17.) — 8. (Biirette, De la Spheristique, p. 214, &c, in 
Mem. de l'Acad. des Inscr., vol. i. — Krause, Gymnastik und 
Agon. d. Hell., p. 299, &c— Becker, Gallus, vol. i., p. 268, &c.) 
—9. (Virg., ^En., viii., 606.— Hor.,Epist., II., i., 192.— Claudiau, 
De Nupt. Honor., 285.— Isid. Hisp., Orig., xx., 12.)— 10. (Liv., 
v., 25.) — 11. (Prudcntius contra Sym., ii., sub fin.) — 12. (Noa 
Marc, iii.) — 13. (Serv. in Virg., Mn., ix , 616 ) 

777 



PILEUS 



PILEUS 



dim. PILE'OLUS or PILE'OLUM 1 (nllo^ dim. m- 
?-iov, second dim. itiklSiov ; niTiTyia, ttiAwtov), any 
piece of felt ; more especially, a scullcap of felt, a hat. 

There seems no reason to doubt that felting [ij 
mfajTiK?}*) is a more ancient invention than weav- 
ing (vid. Tela), nor that both of these arts came 
into Europe from Asia. 

From the Greeks, who were acquainted with this 
article as early as the age of Homer 3 and Hesiod, 4 
the use of felt passed, together with its name, to the 
Romans. Among them the employment of it was 
always far less extended than among the Greeks. 
Nevertheless, Pliny, in one sentence, " Lance et per 
se coactcB vcslem faciunt" gives a very exact account 
of the process of felting. 5 A Latin sepulchral in- 
scription 6 mentions " a manufacturer of woollen 
felt" (lanarius coactiliarius), at the same time indica- 
ting that he was not a native of Italy (Lariseus). 

The principal use of felt among the Greeks and 
Romans was to make coverings of the head for the 
male sex, and the most common kind was a simple 
scullcap. It was often more elevated, though still 
round at the top. In this shape it appears on 
coins, especially on those of Sparta, or such as ex- 
hibit the symbols of the Dioscuri ; and it is thus 
represented, with that addition on its summit 
which distinguished the Roman flamines and Salii, 
in three figures of the woodcut to the article Apex. 
But the apex, according to Dionysius of Halicar- 
nassus, was sometimes conical; and conical or 
pointed caps were certainly very common. One 
use of this form probably was to discharge the rain 
and wet, as when they were worn by fishermen 7 
and by mariners. In the case of agricultural labour- 
ers, 8 the advantages of this particular shape are less 
obvious, and, accordingly, the bonnet worn by the 
ploughman in the woodcut, page 225, is very differ- 
ent from that of the reaper at page 429. A re- 
markable specimen of the pointed cap is that worn 
by the Desultor at page 350. Private persons 
also among the Romans, and still more frequently 
among the Greeks, availed themselves of the com- 
forts of the felt cap on a journey, in sickness, or in 
case of unusual exposure. 9 On returning home 




1. (Colum., De Arbor., 25.)— 2. (Plato, Polit., ii., 2, p. 296, ed. 
Bekker.)— 3. (II., x., 265.)— 4. (Op. et Dies, 542, 546.)— 5. (H. 
N., viii., 48. s. 73.)— 6. (Gruter, p. 648, n. 4.)— 7. (Theocrit., 
xxi., 13.— Brunck, Anal., ii., 212.)— 8. (Hesiod, Op. et Dies, 
545-547.)— 9. (Mart., xiv., 132.— Sueton., Nero, 26.) 
778 



from a party, a person sometimes carried his cap 
and slippers under his arm. 1 

In the Greek and Roman mythology, caps were 
symbolically assigned in reference to the customs 
above related. The painter Nicomachus first rep 
resented Ulysses in a cap, no doubt to indicate hia 
seafaring life. 2 The preceding woodcut shows him 
clothed in the Exomis, and in the act of offering 
wine to the Cyclops. 3 He here wears the round 
cap, but more commonly both he and the boatman 
Charon (see woodcut, p. 426) have it pointed. Vul- 
can (see woodcut, p. 610) and Daedalus wear the 
caps of common artificers. 

A cap of very frequent occurrence in the works 
of ancient art is that now generally known by the 
name of " the Phrygian bonnet." The Mysian pi- 
leus, mentioned by Aristophanes, 4 must have been 
one of this kind. For we find it continually intro- 
duced as the characteristic symbol of Asiatic life in 
paintings and sculptures of Priam (see woodcut, p. 
750) and Mithras (woodcut, p. 15), and, in short, in 
all the representations, not only of Trojans and 
Phrygians, but of Amazons (woodcut, p. 765), and 
of all the inhabitants of Asia Minor, and even ot 
nations dwelling still farther east. The representa- 
tions of this Phrygian or Mysian cap in sculptured 
marble show that it was made of a strong and stiff 
material, and of a conical form, though bent forward 
and downward. By some Asiatic nations it was 
worn erect, as by the Sacae, whose stiff peaked 
caps Herodotus describes under the name of nvp- 
6aatai. The form of those worn by the Armenians 
{itCkotybpoi 'Ap/xevtoi 5 ) is shown on various coins, 
which were struck in the reign of Verus on occa- 
sion of the successes of the Roman army in Arme- 
nia, A.D. 161. It is sometimes erect, but some- 
times bent downward or truncated. The same va- 
riety may be observed in the Dacian caps as ex- 
hibited on the coins of Trajan, struck A.D. 103. 
(Compare the woodcut, p. 378.) The truncated 
conical hat is most distinctly seen on two of the 
Sarmatians in the group at page 171. Strabo ob- 
serves that caps of felt were necessary in Media on 
account of the cold. 6 He calls the Persian cap 
mlrnia Tzvpyorov, i. e., "felt shaped like a tower." 7 

Another singular variety of the Asiatic pileus was 
that of the Lycians, which was surrounded with 
feathers, 8 and must have resembled the head-dress- 
es of some of the North American Indians. 

Among the Romans the cap of felt was the em 
blem of liberty. When a slave obtained his free 
dom, he had his head shaven, and wore instead of 
his hair an undyed pileus (rciXeov Tlevkov 9 ). This 
change of attire took place in the Temple of Fero- 
nia, who was the goddess of freedmen. 10 The fig. 
ure of Liberty on some of the coins of Antoninus 
Pius, struck A.D. 145, holds this cap in the right 
hand. 

In contradistinction to the various forms of the 
felt cap now described, we have to consider others 
more nearly corresponding with the hats worn by 
Europeans in modern times. The Greek word ■kL 
raaog, dim. Treruaiov, derived from tcetuvvvjul, "tc 
expand," and adopted by the Latins in the form pe 
tasus, dim. pctasunculus, well expressed the distinct- 
ive shape of these hats. What was taken from 
their height was added to their width. Those al 
ready described had no brim : the petasus of ever} 
variety had a brim, which was either exactly oi 
nearly circular, and which varied greatly in its 

1. (Hor., Epist.. I., xiii., 15.)— 2. (Pirn., H. N., xxxvi., $ 2£J 
—3. (Winckelmann, Mon. Ined., ii., 154. — Homer, Od., ix., 
345-347.)— 4. (Acharn., 429.)— 5. (Brunck, Anal., ii., 146.)— 6 
(xi., p. 563, ed. Sieb.)— 7. (xv., p. 231.)— 8. (Herod., vii., 92.)— 
9. (Died. Sic, Exc. Leg., xxii., p. 625, ed. Wess.— Plaut., Am- 
phit., I., i., 306.— Persius, v., 82.)— 10. (Scrvius in Vug., JEu^ 
viii., 564.) 



PILEUS 



PINUS 



mdtn. In some cases it is a circular disk without 
any crown at all, and often there is only a depres- 
sion or slight concavity in this disk fitted to the top 
of the head. Of this a beautiful example is pre- 
sented in a recumbent statue of Endymion, habited 
as a hunter, and sleeping on his scarf. It is to 
be added that this statue belongs to the Townley 
Collection in the British Museum, and shows the 
mode of wearing the petasus tied under the chin. 
In other instances it is tied behind the neck instead 
of being tied before it. (See the next woodcut.) 
Very frequently we observe a boss on the top of 
the petasus, in the situation in which it appears in 
the woodcuts, pages 62, 227, 332. *n these wood- 
cuts, and in that here introduced, this brim of 
the petasus is surmounted by a crown. Frequent- 
ly the crown is in the form of a scullcap ; we also 
find it surrounded by a very narrow brim. The 
Greek petasus, in its most common form, agreed with 
the cheapest hats of undyed felt now made in Eng- 
land. On the heads of rustics and artificers in our 
streets and lanes, we often see forms the exact 
counterpart of those which we most admire in the 
works of ancient art. The petasus is still also com- 
monly worn by agricultural labourers in Greece and 
Asia Minor. In ancient times it was preferred to 
the scullcap as a protection from the sun, 1 and on 
this account Caligula permitted the Roman sena- 
tors to wear it at the theatres. 2 It was used by 
shepherds, 3 hunters, and travellers.* The annexed 
woodcut is from a fictile vase belonging to Mr. 




Hope, 5 and it represents a Greek soldier in his hat 
and blanket. (Vid. Pallium.) The ordinary dress 
of the Athenian ephebi, well exhibited in the Pan- 
athenaic frieze of the Parthenon, now preserved in 
the British Museum, was the hat and scarf 6 (Vid. 
Chlamys.) Among imaginary beings, the same 
costume was commonly attributed to Mercury, 7 and 
sometimes to the Dioscuri. 

Ancient authors mention three varieties of the 
petasus, the Thessalian, 8 Arcadian, 9 and the Laco- 
nian ; 10 but they do not say in what the difference 
consisted. In like manner, it is by no means clear 
in what respects the Causia differed from the peta- 

1. (Suet., Octav., 82.)— 2. (Dio Cass., lix., 7.)— 3. (Callim., 
Frag., 125.)— 4. (Plaut., Amph., Prol., 143 ; I., i., 287.— Pseud., 
II., iv., 45 ; IV., vii., 90.— Brunck, Anal.,ii., 170.)— 5. (Costume, 
]., 71.) — 6^ (Brunck, Anal., i., 5; ii.,41. — Philemon, p. 367, ed. 
Meineke. — Pollux, Onom., x., 164.) — 7. (Arnob. adv. Gent., 
vi- — Martianus Capella, ii., 176. — Ephippus ap. Athen.,xii.,537, 
f)— 8. (Dion Cass., 1. c— Callim., Frag., 124.— Schol. in Soph., 
(Ed. Col., 316.)— 9. (Brunck, Anal., ii., 384.— Diog. Laert., vi., 
J02.)— 10 (Arrian, Tact., p. 12, ed. Blancardi.) 



sus, although they ai 5 distinctly opposed to one an 
other by a writer in Athenaeus. 1 Moreover, in ths 
later Greek authors we find mXog used to dende d 
hat of other materials besides felt. 9 

On the use of felt in covering the feet, see T/do. 

Felt was likewise used for the lining of helmets 
(Vid. Galea.) Being generally thicker than com- 
mon cloth, it presented a more effectual obstacle to 
missile weapons. Hence, when the soldiers un- 
der Julius Caesar were much annoyed by Pompey's 
archers, they made shirts or other coverings of felt, 
and put them on for their defence. 3 Thucydides 
refers to the use of similar means to protect, the 
body from arrows ;* and even in besieging and de- 
fending cities, felt was used, together with hides and 
sackcloth, to cover the wooden towers and military 
engines. 5 

PILFCREPUS. (Vid. Pila.) 

*PILOS (irllog), most probably, according to Ad 
ams, the Gall of the Oak, or Cyniphis nidus Galla dir 
tus" of the Edinburgh Dispensatory. 6 

PILUM. ' (Vid. Hasta, p. 489.) 

PINACOTHE'CA (nival;, ifc^), a Picture-galle 
ry. Marcellus, after the capture of Syracuse, first 
displayed the works of Greek painters and sculptors 
to his countrymen, whose taste for the fine arts was 
gradually matured by the conquests of L. Scipio, 
Flamininus, and L. Paullus, and grew into a passion 
after the spoils of Achaia had been transported by 
Mummius to Rome. Objects of this description 
were at first employed exclusively for the decora- 
tion of temples and places of public resort, but pri- 
vate collections were soon formed ; and, towards 
the close of the Republic, we find that in the houses 
of the more opulent a room was devoted to the re- 
ception of paintings and statues. 7 In the time of 
Augustus, Vitruvius includes the pinzortheca among 
the ordinary apartments of a complete mir^ion, and 
gives directions that it should be of ample s.r.c and 
facing the north, in order that the light might be 
equable and not too strong. 8 

*PINNA (rriwa), a species of bivalved shellfish, 
of the muscle kind, the same with our pearl mus- 
cle. It is referable to the genus Pinna, L. The 
ancient stories respecting the Pinna, and its com- 
panion the small crab, are purely imaginary. 9 (Via 

PlNXOPHYLAX.) 

*PINNOPH'YLAX (mvvoipvlaZ or nivvorripnc), a 
minute species of Crab, the Cancer Pinnoteres, L., 
found in the shell of the niwa, and supposed by the 
ancients to act as a watch or guard for the latter. 
Hence its Greek name of TuvvofyvAa!;, from Tzivva 
and <pv2.at;, " a guard," and its other Greek appella- 
tion of ■KLvvoriiprjc, from irivva and rnpiu, " to pre- 
serve" or " keep." The ancients believed that the 
Pinnophylax kept guard by the mouth of the Pinna 
as it lay open, and, when any small fish came near, 
it slightly bit, as a signal, the inner parts of the Pii - 
na, passing within at the same time ; the Pinn.i 
thereupon immediately closed its mouth, and ban- 
queted along with the Pinnophylax upon the cap- 
tive. Cuvier regards the whole story as fabulous. 
Pennant calls the Pinnophylax the Pea-crab, Cancer 
pisum. 10 

*PINUS (irevKn), the Pine-tree. " The species 
of Pines are so indistinctly marked in the ancient 
works that they cannot now be recognised. Spren- 
gel, after changing his mind several times on the 
subject, comes at last to the conclusion that the 

1. (xii.. 537, c.)— 2. (Athen., vi., 274.)— 3. (Cas., B. C , iii., 
44.)_4. (iv., 34.— Schol. ad loc.)— 5. (^neas Tactius, 33.)— 6 
(Theophr., H. P., iii., 7.— Adan.s, Append., s. v.)— 7. (Varro, R. 
It., i., 2, 59.— Cic. in Verr., II.. I., 21.)— 8. (Vitruv., i., 2 ; vi., i, 7. 
—Compare Plin., H. N., xxxv., 2, 7, 11.— Mazois, Le Palais do 
Scaurus, cap. ix.— Becker, Gullus, vol. i., p. 92.)— 9. (Guerin, 
Diet. d'Hist. Nat., s. v. Pinothere, vol. xiii., p. 606.)— 10 (14 
ib 

779 



PISTOR. 



PLAGIUM 



tevitri is the Pinus cembra, or Siberian Stone Pine. 
Stackhouse hesitates between it and the P.pinea, or 
Stone Pine. Its fruit is called ctq66l1qi." Sibthorp 
speaks as follows of the Pinus maritima, to which 
he gives the modern Greek name of nevtcor : " This 
is one of the most useful trees in Greece. It fur- 
nishes a resin (prjrivrj), tar, and pitch (jciaaa), all of 
considerable importance for economical purposes. 
Throughout Attica, the wine is preserved from be- 
coming acid by means of the resin, which is em- 
ployed in the proportion of an oke and a half to 20 
okes of wine. The tar and pitch for ship-building 
are taken from this tree and the ttltvc, or Pinus pi- 
nea. The resinous parts of the wood of the irev- 
Kog are cut into small pieces, and serve for can- 
dles, called in modern Greek dddia (a corruption of 
the ancient dadeg). The cones (kovvoi) are some- 
times put into the wine barrels." A practice very 
general throughout Greece, but which is particu- 
larly prevalent at Athens, may perhaps, in some 
degree, account for the connexion of the fir-cone 
(surmounting the thyrsus) with the worship of 
Bacchus. Incisions are made into the fir-trees 
for the purpose of obtaining the turpentine, which 
distils copiously from the wound. This juice is 
mixed with the new wine in large quantities ; the 
Greeks supposing that it would be impossible to 
keep it any length of time without this mixture. 
The wine has, in consequence, a very peculiar taste, 
but is by no means unpleasant after a little use. 
This, as we learn from Plutarch, was an ancient 
custom also : the Athenians, therefore, might nat- 
urally enough have placed the fir-cone in the hands 
of Bacchus. 1 (Vid. Pit vs.) 

* PIPER. (Vid. Peperi.) 

PISCATO'RII LUDI. (Vid. Ludi Piscatorii.) 

PISCPNA. (Vid. Baths, p. 148.) 

*PISSASPHALTOS (TnoadofyalTog), probably 
the Maltha, or Mineral Pitch of modern mineralo- 
gists. Cleaveland says of it : " The ancients are 
reported to have employed it as a cement in the 
construction of walls and buildings." 2 

*PISTAC'IA (izMTTdiaa), the Pistachio-nut-tree, 
or Pistachia vera. 3 " The Pistachio nut is very cele- 
brated," says Adams, "in the East and in Sicily. 
Galen says that it possesses a certain degree of bit- 
terness and astringency, and that it proves useful in 
obstructions of the liver, but that it affords little 
nourishment. He adds that it is neither beneficial 
nor injurious to the stomach. Simeon Seth remarks 
that the moderns looked upon Pistacs as stomachic. 
Averrhoes speaks highly of them. Rhases says they 
are of a hotter nature than almonds. Theophras- 
tus describes the Pistachio-tree as a species of tur- 
pentine, and it is now acknowledged as such." 

PISTILLUM. (Vid. Mortarium.) 

PISTOR (dpTOTtoLog), a Baker, from pinsere, to 
pound, since corn was pounded in mortars before 
the invention of mills. ( Vid. Mola.) At Rome 
bread was originally made at home by the women 
of the house ; and there were no persons at Rome 
who made baking a trade, or any slaves specially 
kept for this purpose in private houses, till B.C. 
173.* In Varro's time, however, good bakers were 
highly prized, and great sums were paid for slaves 
who excelled in this art.* The name was not con- 
fined to those who made bread only, but was also 
given to pastry-cooks and confectioners, in which 
case, however, they were usually called pistores dul- 
ciarii or candidarii. 6 The bakers at Rome, like 
most other tradespeople, formed a collegium. 7 



I (Theophr.,H. P., i., 3. — Dioscor., i., 86.— Adams, Append., 
s. v.— Wal pole's Memoirs, vol. i., 235, 236;' — 2. (Dioscor., i., 
100. — Adams, Append., s. v.) — 3. (Nicand., Pheriac, 891. — Ad- 
ams, Comment, in Paul. iEgin., 1.07.) — 4. (Plin., H. N., xviii., 
11, s. 28.)— 5. (Gell., xv., 19.)— 6. (Mart., xvi., 222. — Orelli, 
luscr., u. 4263.)— 7. (Dig. 3, tit. 4, s. 1.— Dig 27, tit. 1, s.46.) 
780 



' Bread was often baked in moulds called ertopta 
and the loaves thus baked were termed anopticii. • 
In one of the bakehouses discovered at Pompeii, 
several loaves have been found apparently baked in 
moulds, which may therefore be regarded as artop- 
ticii; they are represented below. They are flat, 
and about eight inches in diameter. 




Bread was not generally made at home at Ath 
ens, but was sold in the market-place chiefly bj 
women called dproTruXidec. 2 These women seem 
to have been what the fish- women of London are at 
present ; they excelled in abuse, whence Aristoph- 
anes 3 says, Xoidofjelodcu Cxmep dpTO-rrdXidac* 

PISTRI'NUM. (Vid. Mola, Mortarium.") 

*PITHE'CUS. ( Vid. Simia.) 

*PITYOCAMPE (mrvoKd/unn), the Caterpillar of 
the pine-tree. " Sprengel remarks that there are 
several species of caterpillars which infest pines, 
such as the Liparis monacha, Lasiocampi pini, &c. 
They are treated of as being deadly poisons by Di- 
oscorides and the other writers on Toxicology." 5 

*PITYS (izirvg), the Pinus pinea, or Stone Pine. 
"Stackhouse," says Adams, "complains of the dif- 
ficulty of distinguishing the -kevkt) from the ttltv^ 
of Theophrastus. Both Sprengel and Stackhouse 
think they see traces of the Larch, or Pinus larix, 
in the irirvq fydeipofyopoc, but I agree with Schneider 
that there are no certain grounds for this opinion. 
Sprengel sets down the nirvc of Dioscorides as be- 
ing the Pinus pinea, or Stone Pine." According to 
Coray, the tt'ltvc is called in modern Greek kokkco- 
vdpia, from the fruit KOKnovdpiov, anciently called 
arp66i2oc. Kokkuvv also was an ancient name. The 
kernels of the Stone Pine are brought to table in 
Turkey. According to Russell, they are very com- 
mon in the kitchens of Aleppo. The seeds of the 
Stone Pine are still collected with great industry 
in Elis, and form an object of exportation to Zante 
and Cephallonia, as well as other places. Both the 
it'ltvc and ttevkt} are much used for ship-building. 
Their timber is said to be much harder and tougher 
than that of our northern firs, and, consequently, 
more lasting. 6 

PLJETORIA LEX. (Vid. Curator.) 

PLAGA. (Vid. Rete.) 

PLAGIA'RIUS. (Vid. Plagium.) 

PLA'GIUM. This offence was the subject of a 
Fabia lex, which is mentioned by Cicero, 7 and is as- 
signed to the consulship of Quintus Fabius and M. 
Claudius Marcellus, B.C. 183. Thejchief provisions 
of the lex are collected from the Digest : 8 " If a free- 
man concealed, kept confined, or knowingly, with 
dolus malus, purchased an ingenuus or libertinus 
against his will, or participated in any such acts ; 
or if he persuaded another man's male or female 
slave to run away from a master or mistress, 
or without the consent or knowledge of the master 

1. (Plin., H. N., xviii., 11, s. 27, 28.— Plaut., Aulul., ii., 9, 4.J 
—2. (Compare Aristoph., Vesp., 1389, &c.)— 3. (Id., Ran., 856.) 
— 4. (Becker, Charikles, vol. i., p. 234.)— 5. (Adams, Append, 
s. v.)— 6. (Theophr., H. P., iii., 7.— Id., c. PL, i., 9.— Dioscor, 
i., 86.— Adams, Append., s. v.)— 7 (Pro Rabirin, c 3 )— 8 (48, 
tit. 14, s. 0.) 



PLAUSTRUM 



PLEBES. 



or mistress concealed, kept confined, or purchased 
knowingly, with dolus malus, such male or female 
slave, or participated in any such acts, he was liable 
to the penalties of the lex Fabia." The penalty of 
the lex was pecuniary ; but this fell into disuse, and 
persons who offended against the lex were punished 
according to the nature of their offence, and were 
generally condemned to the mines. A senatus con- 
sultum ad legem Fabiam did not allow a master 
lo give or sell a runaway slave, which was tech- 
nically called " fugam vendere ;" but the provis- 
ion did not apply to a slave wiio was merely ab- 
sent, nor to the case of a runaway slave when the 
master had commissioned any one to go after him 
and sell him : it was the object of the provision to 
encourage the recovery of runaway slaves. The 
name of the senatus consultum by which the lex 
Fabia was amended does not appear. The word 
plagium is said to come from the Greek nldytog, ob- 
lique, indirect, dolosus. He who committed pla- 
gium was plagiarius, a word which Martial 1 applies 
to a person who falsely gave himself out as the au- 
thor of a book ; and in this sense the word has 
come into common use in our language. 2 

♦PLAT'ANUS (Trldravos), the Plane-tree. 
" There can be no doubt," remarks Adams, " that 
the nldravog of Theophrastus, Dioscorides, and 
others, is the Platanus Orientalis, or Eastern Plane- 
tree. Its fruit forms into spherical balls, which 
were called ayaipia by the Greeks, and pilulse by 
the Latins." Another name for this tree was nAa- 
rdvLcroq. Both appellations are derived from ir?ia- 
rvg, " broad" as referring to the spreading branches 
and broad leaves of the Plane-tree. 3 

PLAUSTRUM or PLOSTRUM, dim. PLOSTEL- 
LUM (auat-a, dim. u/iatjis), a Cart or Wagon. This 
vehicle had commonly two wheels, but sometimes 
four, and it was then called the plaustrum majus. 
The invention of four-wheeled wagons is attributed 
to the Phrygians.* 

Besides the wheels and axle, the plaustrum con- 
sisted of a strong pole (temo), to the hinder part of 
which was fastened a table of wooden planks. The 
blocks of stone, or other things to be carried, were 
either laid upon this table without any other sup- 
port, or an additional security was obtained by the 
use either of boards at the sides (vireprepia*), or of 
a large wicker basket tied upon the cart (ireipcug 6 ). 
The annexed woodcut, taken from a bas-relief at 
Rome, exhibits a cart, the body of which is sup- 
plied by a basket. Similar vehicles are still used 
in many parts of Europe, being employed more es- 
pecially to carry charcoal. 




In many cases, though not universally, the wheels 
were fastened to the axle, which moved, as in our 
children's carts, within wooden rings adapted for 
its reception, and fastened to the body. These 
rings were called in Greek duat-oTzodes, in Latin 
arbusculce. The parts of the axis which revolved 
vithin them were sometimes cased with iron. 7 

1. (Ep., i., 53.)— 2. (Dig. 48, tit. 15.— Cod., ix., 20.— Paulus, 
S R., i., tit. 6, A.)— 3. (Theophr., H. P., i., 4 — Dioscor., i., 107.— 
Adams, Append., 9. v.) — 4. (Plin., H. N., vii., 56.)— 5. (Horn., 
Od., vi., 70.— Plato, Theaet., p. 467, ed. Heindorff.)— 6. (Horn., 
U , xxiv., 267.— 01., xv., 131.)— 7 (Vitruv., x., 20, s 14.) 



The commonest kind of cart-wheel was that called 
tympanum, "the drum," from its resemblance to 
the musical instrument of the same name. 1 It was 
nearly a foot in thickness, and was made either by 
sawing the trunk of a tree across in a horizontal di- 
rection, or by nailing together boards of the requi- 
site shape and size. It is exemplified in the prece- 
ding woodcut, and in the sculptures on the arch of 
Septimius Sererus at Rome. Although these wheels 
were excellent for keeping the roads in repair, and 
did not cut up the fields, yet they rendered it ne- 
cessary to take a long circuit in turning. They ad- 
vanced slowly. 3 They also made a loud creaking, 
which was heard to a great distance (stridcntia 
plaustra, 3 gementia*). Their rude construction made 
them liable to be overturned with their load of 
stone, timber, manure, or skins of wine, 5 whence the 
Emperor Hadrian prohibited heavily-loaded wag- 
ons from entering the city of Rome. 6 The wagon- 
er was sometimes required to aid the team with 
his shoulder. Accidents of this kind gave origin to 
the proverb " Plaustrum perculi," meaning, "I have 
had a misfortune." 7 Carts of this description, hav- 
ing solid wheels without spokes, are still used in 
Greece 8 and in some parts of Asia. 9 

PLEBETI LUDI. (Vid. Ludi Plebeii.) 
PLEBES or PLEBS, PLEBEII. This word con- 
tains the same root as im-pleo, com-pleo, &c, and 
is, therefore, etymologically connected with 717I77- 
0of, a term which was applied to the plebeians 
by the more correct Greek writers on Roman his- 
tory, while others wrongly called them <%/of or ol 

SnfXOTLKoL 

The plebeians were the body of commons or the 
commonalty of Rome, and thus constituted one of 
the two great elements of which the Roman nation 
consisted, and which has given to the earlier peri- 
ods of Roman history its peculiar character and in- 
terest. Before the time of Niebuhr, the most in- 
consistent notions were entertained by scholars with 
regard to the plebeians and their relations to the 
patricians ; and it is one of his peculiar merits to 
have pointed out the real position which they occu- 
pied in the history of Rome. 

The ancients themselves do not agree respecting 
the time when the plebeians began to form a part of 
the Roman population. Dionysius and Livy repre- 
sent them as having formed a part of the Romans 
as early as the time of Romulus, and seem to con- 
sider them as the low multitude of outcasts who 
flocked to Rome at the time when Romulus opened 
the asylum. 10 If there is any truth at all in these 
accounts of the plebeians, we can only conceive 
them to have been the original inhabitants of the 
districts occupied by the new settlers (Romans), 
who, after their territory was conquered, were kept 
in that state of submission in which conquered na- 
tions were so frequently held in early times. There 
are also some other statements referring to such an 
early ey'stence of the plebeians ; for the clients, in 
the time of Romulus, are said to have been formed 
out of the t^ebeians. 11 In the early times of Rome, 
the position of a client was in many respects un- 
doubtedly far more favourable than that of a ple- 
beian, and it 13 not improbable that some of the 
plebeians may for this reason have entered into the 
relation of clientela to some patricians, and have 
given up the rights which they had as free plebe- 
ians ; and occurrences of this kind may have given 



1. (Varro, De Re Rust., iii., 5.— Virg., Georg., ii., 444.)— 2. 
(Virg., Georg., i., 138.)— 3. (Virg.. Georg., iii., 536.)— 4. (Id., 
JEn., xi., 138.)— 5. (Juv., iii., 241-243.) — 6. (Spartan, Hadr., 
22.)— 7. lPlaut.,Epid.,lV.,ii., 22.)— 8. (Dodwell's Tear, vol. ii., 
p. 102, 103.)— 9. (Sir R K. Porter's Travels, vol. n.. d 533) 
— 10. (Dionys., i., 8.— Liv., i., 8)— 11. (Diorvy*. ii. fl I— PI it 
Romul., 13.— Cic, De Republ , n , 9. -Festus, s v. Palrou 
niaJ 

781 



PLEBES. 



PLEBES. 



rise to the story mentioned by the writers just in- 
terred to. 

Whatever may be thought of the existence of 
plebeians at Rome in the earliest times, their num- 
ber, at all events, cannot have been very great. 
The time when they first appear as a distinct class 
of Roman citizens, in contradistinction to the patri- 
cians, is in the reign of Tullus Hostilius. Alba, 
the head of the Latin confederacy, was in his reign 
taken by the Romans and razed to the ground. 
The most distinguished of its inhabitants were 
transplanted to Rome and received among the pa- 
tricians ; but the great bulk of Alban citizens, who 
were likewise transferred to Rome, received settle- 
nents on the Caelian Hill, and were kept in a state 
>>f submission to the populus Romanus, or the patri- 
cians. This new population of Rome, which in num- 
ber is said to have been equal to the old inhabitants 
of the city, or the patricians, were the plebeians. 
They were Latins, and, consequently, of the same 
blood as the Ramnes, the noblest of the three pa- 
trician tribes. 1 After the conquest of Alba, Rome, 
in the reign of Ancus Marcius, acquired possession 
of a considerable extent of country, containing a 
number of dependant Latin towns, as Medullia, Fi- 
denae, Politorium, Tellenes, and Ficana. Great 
numbers of the inhabitants of these towns were 
again transplanted to Rome, and incorporated with 
the plebeians already settled there, and the Aven- 
tine was assigned to them as their habitation. 3 
Some portions of the land which these new citizens 
had possessed were given back to them by the Ro- 
mans, so that they remained free land-owners as 
much as the conquerors themselves, and thus were 
distinct from the clients. 

The order of plebeians, or the commonalty, which 
had tht« been formed, and which far exceeded the 
populus in number, lived partly in Rome itself in 
the districts above mentioned, and partly on their 
former estates in the country subject to Rome, in 
towns, villages, or scattered farms. The plebeians 
were citizens, but not optimo.jure ; they were per- 
fectly free from the patricians, and were neither 
contained in the three tribes, nor in the curiae, nor 
in the patrician gentes. They were, consequently, 
excluded from the comitia, the senate, and all civil 
and priestly offices of the state. Dionysius is great- 
ly mistaken in stating that all the new citizens 
were distributed among the patrician curies, and 
under this error he labours throughout his history, 
far he conceives the patricians and plebeians as 
having been united in the comitia curiata. 3 That 
the plebeians were not contained in the curies is 
evident from the following facts : Dionysius him- 
self* calls the curies a patrician assembly ; Livy 5 
speaks of a lex curiata, which was made without 
any co-operation on the part of the plebeians ; and 
those who confirm the election of kings or magis- 
trates and confer the imperium, are in some passa- 
ges called patricians, and in others curiae, 6 which 
shows that both were synonymous. That the ple- 
beians did not belong to the patrician gentes, is ex- 
pressly stated by Livy. 7 The only point of contact 
between the two estates was the army ; for, after 
the inhabitants of Alba had been transplanted to 
Rome, Tullus Hostilius doubled the number of le- 
gions of the Roman army. 8 Livy also states that 
Tullus Hostilius formed ten new turmae of equites ; 
but whether these new turmae consisted of Albans, 
as Livy says, or whether they were taken from the 
three old tribes, as Gottling 9 thinks, is only matter 

I tLiv., i., 30.— Dionys., iii., 29, 31.— Val. Max., iii., 4, $ 1.) 
—2. (Liv., i., 33.— Dionys., iii., 31, 37.)— 3. (iv., 12; ix., 41.)— 
—4. (iv., 76, 78.)- 5. (v., 46.)— 6. (Dionys., ii., 60; vi., 90 ; x., 
4. — Liv., v«., 42. — Compare Niebuhr, Hist, of Rome, ii., p. 120.) 
T. (x., 8.)— 8 (Liv., 1., 30.)— 9. (Gesch der Rom. Staatsv., 



•>> 



o.) 



782 



of speculation. The plebeians were this obliged tc 
fight and shed their blood in the defence and sup- 
port of their new fellow-citizens, without being al- 
lowed to share any of their rights or privileges, and 
without even the right of intermarriage (connubium). 
In all judicial matters they were entirely at the 
mercy of the patricians, and had no right of appeal 
against any unjust sentence, though they were not, 
like the clients, bound to have a patronus. They 
continued to have their own sacra which they had 
before the conquest, but they were regulated by the 
patrician pontiffs. 1 Lastly, they were free land- 
owners, and had their own gentes. That a ple- 
beian, when married to a plebeian woman, had the 
patria potestas over his children, and that, if he 
belonged to a plebeian gens, he shared in the jura 
and sacra gentilicia of that gens, are points which 
appear to be self-evident. 

The population of the Roman state thus consist- 
ed of two opposite elements ; a ruling class or an 
aristocracy, and the commonalty, which, though of 
the same stock as the noblest among the rulers, 
and exceeding them in numbers, yet enjoyed none 
of the rights which might enable them to take a 
part in the management of public affairs, religious 
or civil. Their citizenship resembled the relation 
of aliens to a state, in which they are merely tol- 
erated on condition of performing certain services, 
and they are, in fact, sometimes called peregrini. 
While the order of the patricians was perfectly or- 
ganized by its division into curiae, decuriae, and 
gentes, the commonalty had no such organization, 
except its division into gentes ; its relations to the 
patricians were in no way defined, and it conse- 
quently had no means of protecting itself against 
any arbitrary proceedings of the rulers. That such 
a state of things could not last, is a truth which 
must have been felt by every one who was not 
blinded by his own selfishness and love of domin- 
ion. Tarquinius Priscus was the first who con- 
ceived the idea of placing the plebeians on a foot- 
ing of equality with the old burghers, by dividing 
them into tribes, which he intended to call after 
his own name and those of his friends. 3 But this 
noble plan was frustrated by the opposition of the 
augur Attus Navius, who probably acted the part 
of a representative of the patricians. All that Tar- 
quinius could do was to effect the admission of the 
noblest plebeian families into the three old tribes, 
who were distinguished from the old patrician fam- 
ilies by the names of Ramnes, Tities, and Luceres 
secundi, and their gentes are sometimes distin- 
guished by the epithet minores, as they entered into 
the same relation in which the Luceres had been to 
the first two tribes before the time of Tarquinius. 3 
This measure, although an advantage to the most 
distinguished plebeian families, did not benefit the 
plebeians as an order ; for the new patricians must 
have become alienated from the commonalty, while 
the patricians, as a body, were considerably strength- 
ened by the accession of the new families. 

It was reserved to his successor, Servius Tullius, 
to give to the commonalty a regular internal organ- 
ization, and to determine their relations to the pa- 
tricians. The intention of this king was not to up- 
set the old constitution, but only to enlarge it, so 
as to render it capable of receiving within itself 
the new elements of the state. He first divided 
the city into four, and then the subject country 
around, which was inhabited by plebeians, into twen- 
ty-six regions or local tribes,* and in these regions 
he assigned lots of land to those plebeians who 



1. (Fest., s. v. Municipalia sacra.) — 2. (Verrius Flaccus ap 
Fest., s. v. Navia. — Liv., i., 36, &c. — Dionys., iii., 71. — Cic, 
De Republ., ii., 20.) — 3. (Fest., s. v. Sex Vestae Sacerdotes.— 
Cic, De Republ., ii., 20.-Liv., i., 35, 47.)— 4. (Lir., i., 43 - 
Dionys., iv., 14, &c) 



PLEBES. 



PLEBES. 



were yet without landed property. Niebuhr 1 thinks 
that these allotments consisted of seven jugera 
each, an opinion which is controverted by Gottling. 2 
As regards the lour city tribes, it should be ob- 
served that the Aventine and the Capitol were not 
contained in them ; the former forming a part of 
the country tribes, and the latter being, as it were, 
the city of the gods. 3 The twenty-six country 
tribes are not mentioned by Livy in his account of 
the Servian constitution, and where he first speaks 
of the whole number of tribes, 4 he only mentions 
twenty-one instead of thirty. Niebuhr 5 is undoubt- 
edly right in reconciling this number with the thir- 
ty tribes of Servius, by the supposition that in the 
war with Porsenna Rome lost one third of her ter- 
ritory, i. e., ten tribes, so that there were only 
twenty left. As, therefore, after the immigration 
of the Claud ii and their clients, a new tribe was 
formed, 6 Livy is right in only mentioning twenty- 
one tribes. These thirty Servian tribes did not, at 
Jeast originally, contain any patricians ; and even 
after the Claudii had come to Rome, it is not ne- 
cessary to suppose that the gens Claudia, which 
was raised to the rank of patrician, was contained in 
the new tribe, but the new tribe probably consisted 
of their clients, to whom lands were assigned beyond 
theAnio. 7 (Compare Tribus.) Some of the clients 
of the patricians, however, were probably contained 
in the Servian tribes. 8 Each tribe had its praefect, 
called tribunus. 9 (Vid. Tribunus.) The tribes had 
also their own sacra, festivals, and meetings (comitia 
tnbuta), which were convoked by their tribunes. 

This division into tribes, with tribunes at their 
heads, was no more than an internal organization 
of the plebeians, analogous to the division of the 
patricians into thirty curia?, without conferring 
upon them the right to interfere in any way in the 
management of public affairs, or in the elections, 
which were left entirely to the senate and the cu- 
riae. These rights, however, they obtained by an- 
other regulation of Servius Tullius, which was 
made wholly independent of the thirty tribes. For 
this purpose he instituted a census, and divided 
the whole body of Roman citizens, plebeians as 
well as patricians, into five classes, according to 
the amount of their property. Taxation and the 
military duties w r ere arranged according to these 
classes in such a manner that the heavier burdens 
fell upon the wealthier classes. The whole body 
of citizens thus divided was formed into a great 
national assembly called comitiatus maximus or 
comitia centuriata. ( Vid. Comitia, p. 295, &c.) In 
this assembly the plebeians now met the patricians 
apparently on a footing of equality, but the votes 
were distributed in such a w r ay that it was always 
in the power of the wealthiest classes, to which 
the patricians naturally belonged, to decide a ques- 
tion before it was put to the vote of the poorer 
classes. A great number of such noble plebeian 
families as, after the subjugation of the Latin towns, 
had not been admitted into the curies by Tarquini- 
us Priscus, were now constituted by Servius into a 
number of equites, with twelve suffragia in the co- 
mitia centuriata. (Vid. Equites, p. 414, &c.) Last- 
ly, Servius Tullius is said to have regulated the 
commercium between the two orders by about fifty 
laws 10 (Nquouf tovc ftev crvvaXTiaKTinobg nai rovg 
irepl ru>v aduaifiuTuv). 

In this constitution, the plebeians, as such, did 
not obtain admission to the senate, nor to the high- 
est magistracy, nor to any of the priestly offices. 
To all the se offices the patricians alone thought 

1. (ii., p. 169.) — 2. (p. 239, &c.) — 3. (Varro, De Ling. Lat., 
!v., p. 14, &c, ed. Bip.) — 4. (ii., 21. — Compare Dionys., vii., 64.) 
—5. (i., p. 418.)— 6. (Liv., ii., 16.)— 7. (Liv., 1. c.)— 3. (Dionvs., 
•v.. 22, <fcc.)— 9. (Dionys., iv., 14.— Appian, Civil., iii., 23.)— 10. 
'Dionys., iv., 13.— Compare v., 2 ; vi., 22.— Gdttling, p. 240.) 



themselves entitled by divine right, flie plebeians 
also continued to be excluded from occupying any 
portion of the public land, which as yet was only 
possessed by the patricians, and were only allowed 
to keep their cattle upon the common pasture, foi 
which they had to pay to the state a certain sum 
It is true that by the acquisition of wealth pie 
beians might become members of the first property 
class, and that thus their votes in the comitia might 
become of the same weight as that of the patri- 
cians, but the possibility of acquiring such wealth 
was diminished by their being excluded from the 
use of the ager publicus. Niebuhr 1 infers from the 
nature of the Servian constitution that it must have 
granted to the plebeians greater advantages than 
those mentioned by our historians : he conceives 
that it gave to them the right of appeal to their own 
assembly, and to pass sentence upon such as gross- 
ly infringed their liberties ; in short, that the Servi- 
an constitution placed them on the same footing in 
regard to the patricians as- was afterward perma- 
nently effected by the laws of C. Licinius and L. 
Sextius. There is no doubt that such might and 
should have been the case, but the arguments 
which he brings forward in support of his hypoth- 
esis do not appear to be convincing, as has been 
pointed out by Gottling. 2 All that we know foi 
certain is, that Servius gave, to the body of the ple- 
beians an internal organization by the establish- 
ment of the thirty plebeian tribes, and that in the 
comitia centuriata he placed them, at least appa- 
rently, on a footing of equality with the populus. 
Whether he intended to do more, or would have 
done more if it had been in his power, is a differ- 
ent question. But facts like those stated above 
were sufficient, at a later period, when the benefits 
actually conferred upon the plebeians were taken 
away from them, to make the grateful commonalty 
look upon that king as its great patron, and even 
regard him as having granted all those rights which 
subsequently they acquired after many years of 
hard struggle. Thus what he actually had done 
was exaggerated to what he possibly might have 
done or would have wished to do. In this light 
we have to regard the story that he intended to 
lay down his royal dignity, and to establish the 
government of two consuls, one of whom was to 
have been a plebeian. 

During the reign of the last king, the plebeians 
not only lost all they had gained by the legislation 
of his predecessor, 3 but the tyrant also compelled 
them to work like slaves in his great architectural 
works, such as the cloaca? and the circus. 

On the establishment of the Republic, the comi- 
tia centuriata, and perhaps the whole constitution, 
such as it had been before the reign of the last Tar- 
quinius, were restored, so that the patricians alone 
continued to be eligible to all the public offices.* 
That the comitia centuriata were restored immedi- 
ately after the banishment of the Tarquins, may be 
inferred from the words of Livy, 5 who says that 
the first consuls were elected ex commentariis Servii 
Tullii, for these words probably refer to the comi- 
tia centuriata, in which, according to the regula- 
tions of King Servius, the elections were to be 
held. There was still no connubium between the 
two orders, and the populus was still, in every re- 
spect, distinct from the plebs. Considering the fact 
that the patricians reserved for themselves all the 
powers which had formerly been concentrated in 
the king, and that these powers were now given to a 
number of patrician officers, we must admit that the 
plebeians, at the commencement of the Republic, 
were worse off than if the kingly rule had contin- 

1. (i., p. 430, &c.)— 2. (p. 265, &c.)— 3. (Dionys., iv., 43, 44. > 
4. (Liv., iv., 6 ; vi., 40, &c. ; x., 8.) -5. (i.. CO.) 

783 



['LKDCK 



PLEBES. 



tied under the institutions introduced by Servius. 
They, however, soon gained some advantages. 
The vacancies which had occurred in the senate 
during the reign of the last king were filled up with 
the most distinguished among the plebeian equites 
(patres conscripti) 1 (vid. Senatus), and Valerius 
Publicola carried a number of laws by which the 
relations between patricians and plebeians were 
more accurately defined than they had hitherto 
been, and which also afforded some protection to 
the plebeians. (Vid. Valeria Leges.) Both or- 
ders acted in common only in the army and the co- 
mitia centuriata, in which, however, the patricians 
exercised an overwhelming influence, through the 
number of their clients who voted in them ; and, in 
addition to this, all decrees of the centuries still re- 
quired the sanction of the curiae. Notwithstand- 
ing these disadvantages, the plebeians occupied a 
position which might soon have enabled them to 
rise to a perfect equality with the patricians, had 
not a great calamity thrown them back, and put 
an end to their political progress. This was the 
unfortunate war with Porsenna, in which a great 
number (a third) of the plebeians lost their estates, 
^vicame impoverished, and perhaps, for a time, sub- 
ject to the Etruscans. 

In the mean while, the patricians, not satisfied 
with the exercise of all the authority in the state, 
appear not seldom to have encroached upon the 
rights granted to the plebeians by the Valerian 
laws. 2 Such proceedings, and the merciless harsh- 
ness and oppression on the part of the rulers, could 
not fail to rouse the indignation and call forth the 
resistance of the plebeians, who gradually became 
convinced that it was impossible to retain what 
they possessed without acquiring more. The strug- 
gle 'which thus originated between the two parties 
is, as far as the commonalty is concerned, one of 
the noblest that has ever been carried on between 
oppressors and oppressed. On the one hand we 
gee a haughty and faithless oligarchy applying all 
means that the love of dominion and selfishness can 
devise ; on the other hand, a commonalty forbear- 
ing to the last in its opposition and resistance, ever 
keeping within the bounds of the existing laws, and 
striving after power, not for the mere gratification 
of ambition, but in order to obtain the means of 
protecting itself against fraud and tyranny. The 
details of this struggle belong to a history of Rome, 
and cannot be given here ; we can only point out 
in what manner the plebeians gradually gained ac- 
cess to all the civil and religious offices, until at 
last the two hostile elements became united into 
one great body of Roman citizens with equal rights, 
and a state of things arose totally different from 
what had existed before. 

After the first secession in B.C. 494, the plebeians 
gained several great advantages. First, a law was 
passed to prevent the patricians from taking usu- 
rious interest of money which they frequently lent 
to impoverished plebeians ; 3 secondly, tribunes 
were appointed for the protection of the plebeians 
(vid. Tribuni) ; and, lastly, plebeian sediles were 
appointed. (Vid. ^Ediles.) Shortly after, they 
gained the right to summon before their own comi- 
tia tributa any one who had violated the rights of 
their order, 4 and to make decrees (plebiscita), which, 
however, did not become binding upon the whole 
nation until the year B.C. 449. ( Vid. Plebiscitum.) 
A few years after this (445 B.C.), the tribune Ca- 
nuleius established, by his rogations, the connubi- 
am between patricians and plebeians.* He also 



1. (Liv., ii., 1.— Dionys., v., 13.— Fest., s. v. Qui patres.— Plut., 
Public, 11.)— 2. (Liv., ii., 27.)— 3. (Dionys., vi., 83.)— 4. (Fest., 
. v. Sacer Mons.— Gottling, p. 300, &c.)— 5. (Liv., iv., 44 ; v., 
11, 12 — Dionvs., i., 60 ; xi., 28.— Cic, De Republ., ii., 37.) 
784 



attempted to divide the consulship between thft 
two orders, but the patricians frustrated the reali- 
zation of this plan by the appointment of six mili- 
tary tribunes, who were to be elected from both 
orders. (Vid. Tribuni.) But that the plebeians 
might have no share in the censorial power with 
which the consuls had been invested, the military 
tribunes did not obtain that power, and a new cu- 
rule dignity, the censorship, was established, with 
which patricians alone were to be invested. ( Vid. 
Censor.) Shortly after the taking of Rome by the 
Gauls, we find the plebeians again in a state little 
better than that in which they had been before their 
first secession to the Mons Sacer. In B.C. 421, 
however, they were admitted to the qusestorship, 
which opened to them the way into the senate, 
where henceforth their number continued to in- 
crease. (Vid. Qu^stor, Senatus.) In B.C. 367, 
the tribunes L. Licinius Stolo and L. Sextius placed 
themselves at the head of the commonalty, and re- 
sumed the contest against the patricians. After a 
fierce struggle, which lasted for several years, they 
at length carried a rogation, according to which de- 
cemvirs were to be appointed for keeping the Sib- 
ylline books instead of duumvirs, of whom half 
were to be plebeians. 1 The next great step was 
the restoration of the consulship, on condition that 
one consul should always be a plebeian. A third 
rogation of Licinius, which was only intended to 
afford momentary relief to the poor plebeians, reg- 
ulated the rate of interest. From this time orward 
the plebeians also appear in the possession of the 
right to occupy parts of the Ager Publicus. 2 In B.C. 
366, L. Sextius Lateranus was the first plebeian 
consul. The patricians, however, who always con- 
trived to yield no more than what it was absolutely 
impossible for them to retain, stripped the consul- 
ship of a considerable part of its power, and trans- 
ferred it to two new curule offices, viz., that of pree- 
tor and of curule aedile. (Vid. .JCdiles, Praetor.) 
But, after such great advantages had been one** 
gained by the plebeians, it was impossible to stop 
them in their progress towards a perfect equality 
of political rights with the patricians. In B.C. 365, 
C. Marcius Rutilus was the first plebeian dictator ; 
in B.C. 351, the censorship was thrown open to the 
plebeians, and in B.C. 336, the prsetorship. The 
Ogulnian law, in B.C. 300, also opened to them the 
offices of pontifex and augur. These advantages 
were, as might be supposed, not gained without 
the fiercest opposition of the patricians ; and even 
after they were gained and sanctioned by law, the 
patricians exerted every means to obstruct the op- 
eration of the law. Such fraudulent attempts led, 
in B.C. 286, to the last secession of the plebeians, 
after which, however, the dictator Q. Hortensius 
successfully and permanently reconciled the two 
orders, secured to the plebeians all the rights they 
had acquired until then, and procured for their ple- 
biscita the full power of leges binding upon the 
whole nation. 

In a political point of view, the distinction be- 
tween patricians and plebeians now ceased, and 
Rome, internally strengthened and united, entered 
upon the happiest period of her history. Ho* 
completely the old distinction was now forgotten, 
is evident from the fact that henceforth both con- 
suls were frequentl) plebeians. The government 
of Rome had thus gradually changed from an op- 
pressive oligarchy into a moderate democracy, in 
which each party had its proper influence, and the 
power of checking the other, if it should venture to 
assume more than it could legally claim. It was 
this constitution, the work of many generations 



1. (Liv., vi., 37, 42.)— 2. (Liv v ; i., 16.— Niebuhr, hi., p. 1, Ac ) 



PLEBES. 



PLEBISCITUM. 



that excited the admiration of the great statesman 
Polybius. 

We stated above that the plebeians, during their 
struggle with the patricians, did not seek power for 
the mere gratification of their ambition, but as a 
necessary means to protect themselves from op- 
pression. The abuse which they, or, rather, their 
tribunes, made of their power, belongs to a much 
'ater time, and no traces of it appear until more than 
half a century after the Hortensian law ; and even 
then this power was only abused by individuals, 
and not on behalf of the real plebeians, but of a de- 
generating democratical party, which is unfortu- 
nately designated by later writers by the name of 
plebeians, and thus has become identified with them. 
Those who knew the immense influence which re- 
ligion and its public ministers had upon the whole 
management of the state, will not wonder that the 
plebeians, in their contest with the aristocracy, ex- 
erted themselves as much to gain access to the 
priestly offices as to those of a purely political char- 
acter, as the latter, in reality, would have been of 
little avail without the former. The office of curio 
maximus, which the plebeians sought and obtained 
nearly a century after the Ogulnian law, 1 seems, 
indeed, to afford ground for supposing that in this 
instance the plebeians sought a distinction merely 
for the purpose of extending their privileges ; but 
Ambrosch 2 has rendered it more than probable that 
the office of curio maximus was at that time of 
greater political importance than is generally be- 
lieved. It is also well known, that such priestly 
offices as had little or no connexion with the man- 
agement of public affairs, such as that of the rex 
sacrorum, the flamines, Salii, and others, were never 
coveted hy the plebeians, and continued to be held 
by the patricians down to the latest times. 3 

After the passing of the Hortensian law, the po- 
litical distinction between patricians and plebeians 
ceased, and, with a few unimportant exceptions, 
both orders were placed on a footing of perfect 
equality. Henceforth the name populus is some- 
times applied to the plebeians alone, and sometimes 
to the whole body of Roman citizens, as assembled 
in the comitia centuriata or tributa.* The term 
plebs or plebccula, on the other hand, was applied, 
m a loose manner of speaking, to the multitude or 
populace, in opposition to the nobiles or the senato- 
rial party. 5 

A person who was born a plebeian could only be 
raised to the rank of a patrician by a lex curiata, 
as was sometimes done during the kingly period 
and in the early times of the Republic. Caesar was 
the first who ventured in his own name to raise 
plebeians to the rank of patricians, and his example 
was followed by the emperors. (Vid. Patricii.) 

It frequently occurs in the h'u.tory of Rome that 
one and the same gens contains plebeian as well as 
patrician families. In the gens Cornelia, for in- 
stance, we find the plebeian families of the Balbi, 
Mammulae, Merulae, &c, along with the patrician 
iscipiones, Sullae, Lentuli, &c. The occurrence of 
this phenomenon may be accounted for in different 
ways. It may have been that one branch of a ple- 
beian family was made patrician, while the others 
remained plebeians. 6 It may also have happened 
that two families had the same nomen gentilicium 
without being actual members of the same gens. 7 
Again, a patrician family might go over to the ple- 
beians ; and, as such a family continued to bear the 

1. (Liv., xxvii., 6, 8.) — 2. (Studien und Andeutungen, p. 95.) 
—3. (Dionys., v., 1. — Cic, Pro Dom., 14. — Fest., s. v. Major. 
Flam.)-4. (I,j v ., xxvii., 5.— Cic. ad Att., iv., 2.— Gell., i,20) 
—5. (Sallust, Jug., 63.— Cic. ad Att., i., 16.— Hor., Epist., ii., 1, 
158.— Hirt., Bell. Alex., 5, &c.)— 6. (Cic, Brut., 16.— De Legg., 
«., 3 -Sueton., Ner., 1.) — 7. (Cic, Brut., \(i.— Tacit., Ann., 
lit.. 48.) 

5 G 



name of its patrician gens, this gens apparently 
contained a plebeian family. 1 At the time when no 
connubium existed between the two orders, a mar 
riage between a patrician and a plebeian had the 
consequence, that the same nomen gentilicium be- 
longed to persons of the two orders. 3 When a per- 
egrinus obtained the civitas through the influence 
of a patrician, or when a slave was emancipated by 
his patrician master, they generally adopted the 
nomen gentilicium of their benefactor, 3 and thus 
appear to belong to the same gens with him. 

PLEBISCFTUM, a name properly applied to a 
law passed at the comitia tributa on the rogation 
of a tribune. According to Laelius, 4 he who had 
authority to convene, not the universus populus, but 
only a part, could hold a concilium, but not comi- 
tia ; and as the tribunes could not summon the 
patricii, nor refer any matter to them, what was 
voted upon the proposal of the tribunes was not a 
lex, but a scitum. But in course of time plebiscita 
obtained the force of leges properly so called, and, 
accordingly, they are sometimes included in the 
term leges. (Vtd. Lex, p. 579.) 

Originally a plebiscitum required confirmation. 
The progress of change as to this matter appears 
from the following passages. A lex Valeria, pass- 
ed in the comitia centuriata B.C. 449, 5 enacted that 
the populus should be bound (teneretur) by that 
which the plebs voted tributim ; and the same thing 
is expressed in other words thus : " Scita plebis in- 
juncta patribus." This lex was passed to settle the 
disputed question whether the patres were bound 
by plebiscita. A lex Publilia, 339 B.C., 6 was pass- 
ed, to the effect that plebiscita should bind all the 
Quirites ; and a lex Hortensia, B.C. 286, to the ef- 
fect that plebiscita should bind all the populus {urn 
versus populus), as Gaius 7 expresses it ; or, " ut e 
jure, quod plebes statuisset, omnes Quirites teneren 
tur" according to Laelius Felix, as quoted by Gelli- 
us ; and this latter is also the expression of Pliny.* 
The lex Hortensia is always reler/ed to as the lex 
which put plebiscita, as to their binding force, ex- 
actly on the same footing as leges. 

If we might judge of the effect of the two prece- 
ding leges by the terms in which they are express- 
ed, as above quoted, they were the same as the 
Hortensian lex. From the terms in which Livy 
speaks of the lex Valeria, it is clear that in that 
passage populus and patres are the same, and the 
only question in dispute was whether the plebiscita 
bound the rest of the state besides the plebs. Con- 
sistently with this, we read of the rogation of an 
agrarian plebiscitum shortly after, the carrying of 
which was only prevented by the senate prevailing 
on part of the tribunes to put their veto on the 
measure. 9 No allusion is made to any power of the 
senate to prevent the carrying of such a measure ; 
but the want of such power must be supposed, in 
order that the narrative may be intelligible. In the 
case of the lex Canuleia, 10 it is said that the patres 
were at last prevailed upon to give their consent to 
the rogatio on the connubium of the patres and the 
plebs being proposed. In this case the consent ot 
the patres was considered necessary ; but as thi 
was a plebiscitum, which diminished, as they suy 
posed, their rights, it is not inconsistent to say the 
lex Valeria made the plebiscita binding on the pop- 
ulus, and yet that a plebiscitum could not alter the 
privileges of the populus. A plebiscitum might ap 
pertain to a matter which indifferently concerned 
all, and such a plebiscitum would, consistently with 
Livy's expression, be a lex. It is, however, stated 



1. (Liv., iv., 16.— Plin., H. N., xviii., 4.)— 2. (Niebuhr, ii., p 
337, n. 756.— Suet., Octav., 2 )— 3. (Cic. ad Fam.„ xni., 35, 36 
c Verr., iv., 17.— Appian, Civil., i., 100.)— 4. (Gell.. xv., 27.)- 
5. (Liv., iii., 55, 67.) — 6. (Liv., viii., 12.) - 7. (i., 3.)— 8 (x« 
10.)— 9. (Liv., iv., 48.)— 10. (Liv., iv., 1, 4c) 

785 



PLUMBUM. 



PiNEUMATICI 



by several modern writers that the effect of the Va- 
leria lex was to put plebiscita on the footing of le- 
ges centuriatae, when they had been first approved 
by the senate, or were subsequently approved by 
the senate and confirmed by the curiae. It is Nie- 
buhr's opinion, that the effect of the lex Publilia 
was to render a senatus consultum a sufficient con- 
firmation of a plebiscitum, and to make the confirm- 
ation of the curiae unnecessary ; and that the effect 
of the lex Hortensia was to render unnecessary 
even the confirmation of the senate, and to give to 
the tributa comitia complete legislative force. Thus, 
by the lex Publilia, the senate succeeded to the place 
of the curiae, and the tribes to that of the old burgh- 
ers. 1 According to this view, the lex Publilia was 
not a mere repetition of the lex Valeria, as it would 
seem to be from the terms of Livy. Numerous 
passages of Livy are cited by modern writers in 
confirmation of their views as to the first two of 
these leges, but, on the whole, it is not easy to 
come to any certain conclusions for them. It would 
be no improbable hypothesis that our accounts of 
all early Roman legislation should be exceedingly 
confused, and that they are so is apparent enough. 
It would also be no improbable hypothesis to sup- 
pose that much of early Roman legislation was ir- 
regularly conducted, of which fact, also, there is 
evidence. It farther appears to be clear enough, 
that without farther information we must remain 
ignorant of the precise effect of the two leges here- 
inbefore mentioned, which preceded the lex Hor- 
tensia. It cannot be a matter of doubt that the 
objects which a plebiscitum might embrace must 
have been as important to determine as the forms 
which should give it validity ; and that these ob- 
jects which could be comprised in a plebiscitum 
were more limited in number and extent before the 
passing of the lex Hortensia than after, is easily 
shown. 
The principal plebiscita are mentioned under the 

' PLECTRUM. ( Vid. Lyra, p. 605.) 

PLEMO'CHOAI (irlrjtioxbai). {Vid. Eleusinia, 
p. 390.) 

PLE'THRON (irTiedpov). (Vid. Pes, p. 763.) 

PL1NTHOS (irXivdoe). (Vid. Later.) 

*PLOCTMOS (TtUKLjxoc), a sort of Reed. Ac- 
cording to Sprengel, the Arundo ampelodesmos. 2 

PLUMA'RII, a class of persons mentioned by Vi- 
truvius, 3 Varro, 4 and in inscriptions. It cannot be 
decided with certainty what their exact occupation 
was : their name would lead us to suppose that it 
had something to do with feathers (plarruz). Sal- 
masius 5 supposes that they were persons who wove 
in garments golden or purple figures made like feath- 
ers. The word, however, probably signifies all those 
who work in feathers, as lanarii those who work in 
wool, and argentarii those who work in silver. Sen- 
eca 6 speaks of dresses made of the feathers of birds. 7 

*PLUMBA'GO ([io%v6daiva), a term which w r as 
sometimes applied to Plumbago or Graphite, and 
sometimes to Molybdate of Lead. " What the Lat- 
ins call Plumbago" says Agricola, " the Greeks term 
uoXv6daiva. It appears to be an oxyde of lead." 
Sprengel says it is found in the mountains of Aus- 
tria, consisting of oxyde of lead with molybdic acid, 
silica, and carbonate of lime. He alludes, as Adams 
supposes, to the molybdate of lead, or the Plombe 
jaune of Brochant, the yellow lead spar of Jame- 
son. 8 

*PLUMBUM (fi62,v66og), Lead. " The ancients," 
says Fallopius, " distinguished lead into two kinds, 

I. (iii., 490, &c.)— 2. (Theophr., H. P., iv., 11.— Adams, Ap- 
pend., s. v.) — 3. (vi., 7, p. 177, ed. Bip.) — 4. (ap. Nonium, ii., p. 
716.)— 5. (ad Vopisc, Carin., c. 20.)— 6. (Ep., 90.)— 7. (Becker, 
Gallus, i., p. 44-48.)— 8. (Dioscor., v., 100. — Galen, De Simpl., 
»t.— Adams, Append., & v Mo\v65aiva ) 
7S6 



the black and the white, the lattei of which the 
Greeks called KaaacTepoc." The former of these, 
namely, the Plumbum nigrum, was, according to 
Adams, the same as our lead, and comprehended 
several of the native varieties of it. The mao'tre- 
pog, or Plumbum album, was the "Pyramidal Tin 
Ore" of Jameson, or oxyde of tin. ( Vid. Stan 
num.) 1 

PLYNTE'RIA (from nlvveiv, to wash) was a fes- 
tival celebrated at Athens every year on the 25th 
of Thargelion, in honour of Athena, surnamed Aglau- 
ros, 8 whose temple stood on the Acropolis. 3 The 
day of this festival was at Athens among the urro- 
(ppddec, or dies nefasti ; for the temple of the goddess 
was surrounded by a rope, to preclude all communi- 
cation with it ; 4 her statue was stripped of its gax 
ments and ornaments for the purpose of cleaning 
them, and was in the mean while covered over to 
conceal it from the sight of man. 5 The persons 
who performed this service were called izpd-Lepyi- 
6ai. 6 The city was therefore, so to speak, on this 
day without its protecting divinity, and any under- 
taking commenced on it was believed to be neces- 
sarily unsuccessful. A. procession was also held on 
the day of the Plynteria, in which a quantity of dried 
figs, called ijyjjTopia, were carried about. 7 Other 
particulars are not known. 

PLU'TEUS was applied in military affairs to two 
different objects : 1. A kind of shed, .made of hur- 
dles and covered with raw hides, which could be 
moved forward by small wheels attached to it, and 
under which the besiegers of a town made their ap- 
proaches. 8 2. Boards or planks placed on the val- 
lum of a camp, on movable towers or other military 
engines, as a kind of roof or covering for the pro 
tection of the soldiers. 9 

The word pluteus was also applied to any board 
used for the purpose of protection or enclosure, as, 
for instance, to the board at the head of a bed. 10 

PNEUMATTCI (UvEVfiariKoi), a medical sect, 
founded at Rome by Athenaeus of Cilicia in the time 
of Nero and Vespasian, about A.D. 69. u This was 
at the time when the Methodici enjoyed their great- 
est reputation, from whom the Pneumatici differed 
principally in that, instead of the mixture of primi- 
tive atoms (bynoi), they admitted an active principle 
of immaterial nature, to which they gave the name 
of irvevpa, spirit. This principle was the cause of 
health or disease, and from this word they derived 
their name. It is from Galen alone that we learn 
the doctrines of the founder of the Pneumatici, for 
of his numerous writings only a few fragments re- 
main preserved by Oribasius. The theory of Plato 
had already laid the foundations of the doctrine of 
this ethereal substance, of which Aristotle was the 
first who gave a clear idea, in describing the ways 
by which the izvevua is introduced into the body and 
the sanguineous system. The Stoics developed it 
still more, and applied it to the explanation of the 
functions of the body ; and Erasistratus and his suc- 
cessors had made the nvev/xa act a great part in the 
animal economy, whether in health or disease. This 
doctrine, therefore, of the Pneumatici could not be 
regarded as new. Galen, who gives the above his- 
tory of it, asserts 12 that the Stoics followed the steps 
of Aristotle with respect to Physiology. The found- 
ation, however, of the sect of the Methodici appears 
to have done away with much of the consideration 



1. (Dioscor., v., 96.— Plin., H. N., xxiv., 47.— Isid., Orig., xvi„. 
21.— Adams, Append., s. v. M6\v6Sos-)— 2. (Plut.. Alcib., 34.- 
Harpocr. et Suidas, s. v.)— 3. (Herod., viii., 53.— Hesych., s. v. 
II\vvTripta.)—4. (Pollux, Onom., viii., 141.)— 5. (Plut., 1. c:— 
Xen., Hellen., i., 4, t) 12.) — 6. (Plut., 1. c— Hesych., s. v.)— 7 
(Etymol. Magn.— Hesych., s. v. 'Hyriropia.)— 8. (Festus, s. v.— 
Veget., iv., 15.— Liv., xxxiv., 17.)— 9. (Festus, s. v.— Caes., Bell 
Gall., vii., 25, 41, 72.)— 10. (Suet., Cal., 26.)— 11. (Galen, De 
Diff. Puis., iv., 10, p. 749, torn, viii , ed. Kuhn.)— 12. (De Faeult 
Natural., ii., c. 4, p. 92, torn, ii.) 



PNEUMATICI. 



PCENA. 



wnicri the theory of the irvevfia had formerly enjoy- 
ed. Those physicians who would not follow the 
sect of the Methodici chose that which revived the 
irvevfia, in order to oppose to the former sect a firm- 
ly-established principle, and agreed in that, as upon 
various other points, with the Stoics. 1 They thought 
especially that logic was indispensable to the per- 
fection of science ; for in many cases they disputed 
simply about names, and Galen tells us a that the 
Pneumatici would rather have betrayed their coun- 
try than abjured their opinions. Like the greater 
part of the Stoics of his time, Athenaeus had adopt- 
ed all the doctrines of the Peripatetics. 3 What un- 
deniably proves it is, that, besides the doctrine of 
the pneuma, he developed the theory of the elements, 
much more, at least, than the Methodici were in the 
habit of doing. He recognised in the four known 
elements the positive qualities (tcolot^c) of the ani- 
mal body ; but he often regarded them as real sub- 
stances, and gave to the whole of them the name 
of Nature of Man.* Although the followers of this 
doctrine attributed, in general, the greater number 
of diseases to the pneuma, 5 nevertheless they paid 
at the same time great attention to the mixture of 
the elements. The union of heat and moisture is 
the most suitable for the preservation of health. 
Heat and dryness give rise to acute diseases, cold 
and moisture produce phlegmatic affections, cold 
and dryness give rise to melancholy. Everything 
dries up and becomes cold at the approach of death. 6 
It cannot be denied, says Sprengel, 7 that the Pneu- 
matici rendered great services to pathology, and dis- 
covered several new diseases. It is only to be re- 
gretted that they carried their subtleties too far. 
Thus, for instance, they established many more 
kinds of fever than there really exist in nature. 8 
But their taste for subtleties shows itself nowhere 
more than in their doctrine of the pulse, which was 
more complex than that of any other sect. They 
commonly defined it to be an alternate contraction 
and dilatation of the arteries, and attributed this 
latter motion to the attraction and separation of the 
pneuma or spirit, which, according to the opinion of 
Aristotle, passes from the heart into the great arte- 
ries. 9 The diastole or dilatation pushes forward the 
spirit, and the systole or contraction draws it back, 
in the same way as the respiratory organs contract 
in drawing in the breath and dilate in letting it out. 10 
The Pneumatici did not occupy themselves at all 
with the causes which produced the changes in the 
pulse, but confined themselves to collecting observa- 
tions to serve as a basis for their prognostic. 11 

The following is a list of the physicians that belong- 
ed to the sect of the Pneumatici: Archigenes, 18 He- 
rodotus, 13 iEgthinus, 14 Magnus, 15 Theodorus. 16 To 
these the name of Aretaeus has been added by Le 
Clerc, 17 Wigan, 18 Barchusen, 19 Schulze, 80 and Hal- 
ler ; 21 but the passages brought forward in support of 
this opinion (for it rests only on internal evidence) are 
considered to be insufficient to prove the point by Pet- 
it, 22 Osterhausen, 33 and Ackermann. 34 Sprengel 35 

1. (Galen, De Different. Puis, .iii., p. 642, torn, viii.) — 2. (De 
Different. Puis., ii., p. 630.) — 3. (Galen, De Semine, ii., c. 2, p. 
012, seq., torn, iv.) — 4. (Id., De Element., i., p. 457, torn, i.) — 5. 
(Pseudo-Galen, Introd., p. 699, torn, xiv.) — 6. (Galen, De Tem- 
peram., i., c. 3, p. 522, torn, i.)— 7. (Hist, de la Med.)— 8. (Id., 
Dc Different. Febr., ii., p. 370, torn, vii.)— 9. (Id., De Different. 
Puis., iv., p. 756, 757, torn, viii.)— 10. (Id., De Usu Puis., p. 162, 
torn, v.)— 11. (Id., De Different. Puis., ii., p. 22, torn, viii.)— 12. 
(Pseudo-Galen, Introd., c. 9, p. 699, torn, xiv., ed. Kiihn.) — 13. 
(Id., De Simpl. Medic. Temper, ac Facultat., i., 29, p. 432, torn, 
xi. ; et De Diff. Puis., iv., 11, p. 751, torn, viii.) — 14. (Id., De 
Diagr.os. Puis., i., 3, p. 787, torn, viii.)— 15. (Id., De Different. 
Puis., iii., 2, p. 646, torn vii.)— 16. (Diog. Laert., ii., 104.)— 17. 
(Hist, de la Med., p. 5C6, &c, ed. 1723.)— 18. (Praf. in Aret.)— 
19. (Hist. Medic, v . 269.)— 20. (Compend. Hist. Medic, Halae, 
1774, p. 332.)— 21. (E.blioth. Medic. Pract., torn, i., p. 192, &c) 
-22. (Prsefat. ad Comment, in Aret.) — 23. (Dissert. Inaug. de 
<;cta Pneumat. Medic. Hist., Altorf, 1791, 8vo.)— 24. (De Are- 
eo, in edit. Kiihn.)— 25. (Hist, de la M6d., torn, ii., p. 82.) 



thinks tnat he was brought up in the principles of 
the Pneumatici, and afterward embraced those of 
the Electici, as it is impossible to overlook the tra 
ces of the doctrines of the former sect that exist in 
his works. For farther information respecting this 
sect, the reader is referred to Wigan, Ackermann. 
Le Clerc, and Sprengel (from whom the above ac- 
count is principally abridged), and especially Oster- 
hausen, loc. cit. 

•PNIGI'TIS (ttvljitic yfi), Pnigitic Earth, so 
called from a village named Pnigeus, on the coast 
of Egypt, near which it was obtained. It consisted 
principally of alumine. " Dioscorides describes the 
Pnigitic earth as resembling the Eretrian, that is, 
as being of a pale gray, cold to the touch, and adhe- 
ring so firmly to the tongue as to hang to it sus- 
pended. Pliny confirms this account. Galen, Pau- 
lus iEgineta, and a number of later writers, affirm, 
on the contrary, that it is black, and a tough, stiff, 
and viscid clay. Agricola describes it as black, 
dense, soft, and partly astringent, partly acrid." Sir 
John Hill, from whom these remarks are taken, 
thinks that there were two kinds of Pnigitic earth. 
That the earlier one of these, the true Pnigitis of 
the ancients, was a kind of gray marl ; and that 
afterward a medicinal earth of another colour and 
texture, a black, tough, and viscous clay, was found 
in the same vicinity with the former, and called by 
the same name. This latter he makes the Pnigitis 
of Galen and subsequent writers. 1 

PNYX. (Vid. Ecclesia, p. 384.) 

PO'CULUM was any kind of drinking-cup. It 
must be distinguished from the crater or vessel in 
which the wine was mixed (vid. Crater), and from 
the cyathus, a kind of ladle or small cup, which was 
used to convey the wine from the crater to the po- 
culum or drinking-cup. ( Vid. Cyathus.) Thus 
Horace : 3 

" Tribus aut novem 
Miscentor cyathis pocula commodis." 

PO'DIUM. ( Vid. Amphitheatrum, p. 52.) 

*POE (71-077). " Theophrastus would seem to re- 
strict this term sometimes to a particular genus of 
grasses, like modern botanists. But Homer, Hesiod, 
and the Greek writers in general, apply it to all sorts 
of herbage.'" 

*POE'CILIS (irouctfac), the name of a bird men- 
tioned by Aristotle. The scholiast on Theocritus 
makes it the same as the anavdie, or Siskin.* 

*POE'CILUS (tzolkHoc), the name of a fish men- 
tioned by Oppian, and which Pennant suggests may 
be the Squalus canicula.* 

PCENA (Greek Tzoivrj). The Roman sense of 
this word is explained by Ulpian 6 at the same time 
that he explains fraus and multa. Fraus is gener- 
ally an offence, noxa ; and poena is the punishment 
of an offence, noxae vindicta. Poena is a general 
name for any punishment of any offence ; multa is 
the penalty of a particular offence, which is now (in 
Ulpian ; s time) pecuniary. Ulpian says in his time, 
because by the law of the Twelve Tables the multa 
was pecuaria, or" a certain number of oxen and 
sheep. 7 (Vid. Lex Aternia Tarpeia, p. 581.) Ul- 
pian proceeds to say that poena may affect a per- 
son's caput and existimatio, that is, poena may be 
loss of citizenship and infamia. A multa was im- 
posed according to circumstances, and its amount 
was determined by the pleasure of him who ira 
posed it. A poena was only inflicted when it was 
imposed by some lex or some other legal authority 
(quo alio jure). When no poena was imposed, the* 



1. (Dioscor., v., 176. —Hill, Nat. Hist., p. 35.)— 2. (Carm., 
iii., 19, 11.)— 3. (Theophr., H. P., i., 3, 6. — Id. ib., vii., 3, 5.— 
Adams, Append., s. v.) — 4. (Aristot., H. A., ix., 2.) — 5. (Op- 
pian, Hal., i., 381.) —6. (Dig. 50, tit. 16, s. 13.)— 7. (Plin., H 
N., xviii., 3. — Festus, Multam Peculatus.) 

~«7 



P0LETA1. 



iOL*PUS. 



a multa or penalty might he inflicted. Every person 
who had jurisdictio (this seems to be the right read- 
ing instead of judicatio) could impose a multa, and 
these were magistratus and praesides provinciarum. 
A poena might be inflicted by any one who was in- 
trusted with the judicial prosecution of the offence 
to which it was affixed. The Jeral distinction be- 
tween poena and multa is jftof ^v^'nys observed by 
the Roman writers. 

POLEMAR'CHUS (TvoAe/iuCfyog). An account of 
the functions of the Athenian magistrate of this 
name is given under Archon. Athens, however, 
was not the only state of Greece which had officers 
so called. We read of them at Sparta and in va- 
rious cities of Boeotia. As their name denotes, 
they were originally and properly connected with 
military affairs, being intrusted either with the com- 
mand of armies abroad, or the superintendence of 
the war department at home : sometimes with both. 
The polemarchs of Sparta appear to have ranked 
next to the king when on actual service abroad, and 
were generally of the royal kindred or house (ye- 
vog). 1 They commanded single morae, 2 so that 
they would appear to have been six in number, 3 
and sometimes whole armies.* They also formed 
part of the king's council in war, and of the royal 
escort called da/ioaia, 6 and were supported or rep- 
resented by the officers called ov{j.<popelg. 6 The 
polemarchs of Sparta had also the superintendence 
of the public tables : a circumstance which admits 
of explanation from the fact that Lycurgus is said 
to have instituted the syssitia for the purposes of 
war, and, therefore, as military divisions, so that 
the Lacedaemonians would eat and fight in the same 
company. 7 But, in addition to their military func- 
tions and the duties connected therewith, the pole- 
marchs of Sparta had a civil as well as a certain 
extent of judicial power, 8 in which respect they re- 
sembled the apx^v 7to\ijiapxog at Athens. In Boeo- 
tia, also, there were magistrates of this name. At 
Thebes, for instance, there appears to have been 
two, perhaps elected annually, and, from what hap- 
pened when Phoebidas, the Lacedaemonian com- 
mander, seized the Cadmeia or citadel of Thebes 
(B.C. 382), we may infer that in times of peace they 
were invested with the chief executive power of the 
state and the command of the city, having its mil- 
itary force under their orders. 9 They are not, how- 
ever, to be confounded with the Boeotarchs. At 
Thespiae, also, 10 there were officers of this name, 
and likewise in CEtolia 11 and Arcadia. At Cynaetha, 
in the latter country, the gates of the city were in- 
trusted to the special care of the polemarchs : they 
had to keep guard by them in the daytime, and to 
close them at night, and the keys were always kept 
in their custody. 12 

*POLEMO'NIUM (nolepuvLov), a species of 
plant ; most probably, as Adams thinks, the Pole- 
monium cozruleum. The same authority makes the 
popular name to be Greek Valerian. 13 

POLE'TAI (irulfjraL), a board of ten officers or 
magistrates (for they are called apxv by Harpocra- 
tion), whose duty it was to grant leases of the pub- 
lic lands and mines, and also to let the revenues 
arising from the customs, taxes, confiscations, and 
forfeitures. Of such letting the word tzuIeZv (not 
uiodovv) was generally used, and also the correla- 
tive words wveladai and npiaadai. Their official 
place of business was called ttcoXtjttjplov. One was 
chosen from each tribe. A chairman presided at 
their meetings (e7tpvTuveve). In the letting of the 

1. (Herod., vii., 173.)— 2. (Xen., Rep. Lac, xi., 4.)— 3. (Mill- 
ler, Dorians, iii., 12, ^ 4.) — 4. (Herod., 1. c.) — 5. (Xen., Hell., 
yi., 4, 14.)— 6. (Miiller, iii., 12, $ 5.) — 7. (Miiller, iii., 12, <) 4.) 
—8. (Id., iii., 7, t> 8.)— 9. (Xen., Hell., v., c. £, r.)— 10. (Plut., 
Demetr,, c. 39.;— 11. (Polyb., iv., 79.) — 12. v V i 1? ^— 13. 
(Dioscor., iv., 8.— Galen, De Simpl., iv.— Adams • <?~\i , ». r.) 
788 



revenue they were assisted by the managers of the 
theoric fund (to deupwov), and they acted under the 
authority of the senate of Five Hundred, who exer- 
cised a general control over the financial depart 
ment of the administration. Resident aliens, who 
did not pay their residence tax [jietolklov), were 
summoned before them, and, if found to have com 
mitted default, were sold in a room called nolnrri 
piov rov fiETOLKLov. 1 Other persons who had for- 
feited their freedom to the state were also sold by 
the TzuXf/Tat, as foreigners who had been convicted 
of usurping the rights of citizenship. 2 

*POLTON (noliov), a plant, which has been gen 
erally considered to be the Teucrium Polium, a spe 
cies of Germander. " Sprengel and Stackhouse, 
however," remarks Adams, " agree in preferring the 
Teucrium Creticum. Schneider is, notwithstanding, 
disposed to agree with Columna in referring it to 
the Santolina chamcecyparissus, or Cypress-leaved 
Lavender Cotton. This last we are rather disposed 
to hold as one of the species of uCporovov described 
by Dioscorides." 3 

POLITEIA, POLITES (izolirda, TcoltTng). (Vid. 
Civitas, Greek.) 

POLLICA'RIS. (Vid. Pes, p. 762.) 
POLLICITA'TIO. (Vid. Obugationes, p. 676.^ 
POLLINCTO'RES. ( Vid. Funus, p. 459.) 
POL'OS (izolog). (Vid Horologium.) 
*POLYCARPUM (■xoMwpnov), a plant, the Po- 
lygonum Persicaria* 

*POLYG'ALON (izolvyalov), the Polygala ama- 
ra, or Butterwort. Such, at least, is the opinion of 
Tragus, who is followed by Sprengel. 5 

*POLYGON'ATON (irolvyovarov), a species of 
plant, the common name of which, according to 
Stephens and Bauhin, is Solomon's Seal. Sprengel 
also agrees in referring it to the Convallaria multi- 
flora. 6 

*POLYG / ONUM (noAvyovov), a plant. "The 
iroAvyovov apfiev of Dioscorides is generally acknowl- 
edged to be the Polygonum aviculare, or Knot Grass. 
The it. ftfilv is referred by Sprengel to the Polygo- 
num maritimum. It is deserving of remark, how- 
ever, that nearly all the older authorities, as, for ex- 
ample, Matthiolus, Dodonaeus, and Bauhin, make 
the latter to have been the Hippuris vulgaris, oi 
Mare's Tail. The iroAvyovov is the Sanguinaria of 
Pliny." 7 

POLY'MITA. (Vid. Tela ) 
*POL'YPUS (ttoIvttovc or ttuIvitoc), the Polypus 
Several species of the Polypus are described by Ar- 
istotle, most of which are to be referred to the ge- 
nus Hydra of Linnaeus. The II. viridis is its most 
remarkable species. The ancient writers use the 
general term polypus in speaking of these animals, 
but modern naturalists employ the appellation octo- 
pus, as specifying more distinctly a particular class, 
and the name polypus is now exclusively assigned 
to a tribe of the radiata. " Aristotle, Pliny, and, in 
fact, all the ancient writers, affirm that this animal 
issues from the water, and that it sometimes visits 
the land ; avoiding, however, all the smooth places. 
^Elian and Athenaeus add that it can also mount 
on trees ! It appears that the octopi make their 
principal food of Crustacea, as Aristotle observed 
long ago. They also feed on conchyliferous mol- 
lusca ; and Pliny relates concerning them the trick, 
which has also been attributed to apes, of placing a 
little stone between the two valves of oysters, of 



1. (Demosth., c. Aristog., 787.)— 2. (Harpocr. et Suidas, s. v 
TiuXvral and hetoikwv. — Pollux, Onom., viii., 99. — Bockh, 
Staatsh. der Att., i., 167, 338, 353.— Meier, De bon. Damn., 41.) 
—3. (Thsophr., H. P., i., 10.— Dioscor., iii., 114.— Adams, Ap 
pend., s. v.) — 4. (Hippoc, Morb. Mulier., i., 615. — Adams, Ap- 
pend., s. v.)— 5. (Dioscor., iv., 140.— Adams, Append., s. v.) — 8 
(Dioscor.. iv., 6. — Adams, Append., s. v.)— 7. (Dioscor., iv., 4 
— Adams, Append., s. v.) 



POLYPUS. 



POMlERIUM. 



which they arc extremely fond, so as to prevent 
them from closing, and that then they extract the 
flesh. But how could an octopus take up a little 
stone and place it so adroitly, even supposing that 
th.3 semi-hiatus of the oyster, continually filled by 
I he tentacular cirrhi of the edges of its mantle, 
would permit it 1 It has been asserted, absurdly 
enough, that the octopus, when pushed by hunger, 
will gnaw its own arms, which possess the singular 
property of shooting forth again. But Aristotle and 
Pliny more justly attribute the fact of octopi being 
often found which have some fewer appendages than 
usual, to their having been eaten off by the conger 
eels. We are ignorant respecting the full size to 
which the octopi may attain. We find in the reci- 
tals of certain travellers, and even of some natural- 
ists, that a species exists to which the name of 
Kraken has been given, which arrives at an im- 
measurable bulk, so as to resemble an island when 
it approaches the surface of the water, and to over- 
set the largest vessel under full sail when it be- 
comes entangled in their cordage. But we may 
be assured, without any fear of deceiving ourselves, 
that this is but an exaggeration of vyhat has been 
said by the ancients, especially Pliny, concerning an 
octopus, which, according to Trebius, had a head 
of the size of a barrel containing fifteen amphorae, 
and whose tentacular appendages, which, as well as 
the head, were presented to Lucullus, were thirty 
feet in length, knotted like clubs, and so thick that 
u man could scarcely embrace them round : the 
suckers resembled basins, and the teeth were in pro- 
portion. All that was preserved of the body weigh- 
ed seven hundred pounds. There are other traits 
etill more curious in the history of this most mar- 
vellous octopus. It was observed at Castera, in 
Baetica, in Spain, and was accustomed to come forth 
from the sea into the depots for salted fish, &c, and 
to devour those provisions. The pertinacity of its 
robberies at length roused the indignation of the 
keepers ; they built very lofty palisades, but all in 
vain ; this persevering polypus succeeded in getting 
over them by taking advantage of a neighbouring 
tree, so that it could not be taken but by the saga- 
city of the dogs, which, having marked it one night 
as it was returning to the sea, intimated the affair 
to the keepers, who were struck with terror and as- 
tonishment at the novelty of this tremendous spec- 
tacle. In truth, the animal was of an immeasura- 
ble bulk ; its colour was changed by the action of 
the brine, and it exhaled a most intolerable odour. 
Nevertheless, after a desperate combat with the 
dogs, which Pliny depicts with all the vigour of his 
poetical style, and by the efforts of men armed with 
tridents, it was at last killed, and the head was 
brought to Lucullus. .Elian also tells us that, in 
the course of time, these animals arrive at a most 
extraordinary bulk, so as to equal in size the largest 
cetacea. On this subject he favours us with a story 
pretty nearly similar to that of Trebius, of a poly- 
pus which, having devastated the magazines of 
the Iberian merchants, was besieged by a great num- 
ber of persons, and cut in pieces with hatchets, just 
in the same style that woodmen cut down the thick 
branches of trees. Aristotle, indeed, tells us there 
are polypi whose arms are as much as five cubits 
in length, which would make above seven feet. 
But this is a long way behind the narrations of Tre- 
»ius and JElian, and falls still shorter of the won- 
ders of the Northern romances concerning their 
kraken. The ancients tell us that the octopi are 
the enemies of the lobsters, which dread them, while 
they are themselves pursued by the muraenae, which 
devour their arms. They likewise inform us that 
their bite is stronger than that of the sepias, but not 
bo venomous. yElian adds, that it is said by fisher- 



men that the octopi are attracted to the land by the 
fruit of the olive-tree." 1 

*POMAT'IAS (irofiaTtac), a species of esculent 
Snail, mentioned by Uioscorides. It is Lie Helix 
Pomatia* 

POMCE'RIUM. This word is compounded of 
post and mazriam (murus), in the same manner as 
pomeridiem of post and meridiem, and thus signifies 
a line running by the walls of a town ( pone or post 
muros). But the walls of a town here spoken of are 
not its actual walls or fortifications, but symbolical 
walls, and the course of the pomoerium itself was 
marked by stone pillars (cippi pomoerii*) erected at 
certain intervals. The custom of making a pomoe- 
rium was common to the Latins and Etruscans, and 
the manner in which it was done in the earliest 
times, when a town was to be founded, was as fol- 
lows : A bullock and a heifer were yoked to a 
plough, and a furrow was drawn around the place 
which was to be occupied by the new town in such 
a manner that all the clods fell inward. The little 
mound thus formed was the symbolical wall, and 
along it ran the pomoerium, within the compass of 
which alone the city-auspices (auspicia urbana) could 
be taken.* That the actual walls or fortifications 
of a town ran near it may naturally be supposed, 
though the pomoerium might either be within or 
without them. This custom was also followed in 
the building of Rome, and the Romans afterward 
observed it in the establishment of their colonies. 
The sacred line of the Roman pomoerium did not 
prevent the inhabitants from building upon or taking 
into use any place beyond it, but it was necessary 
to leave a certain space on each side of it unoccu- 
pied, so as not to unhallow it by profane use. 6 Thus 
we find that the Aventine, although inhabited from 
early times, was for many centuries not included 
within the pomoerium. 6 The whole space included 
in it was called ager effatus or fines effati. The po- 
moerium of Rome was not the same at all times ; 
as the city increased the pomoerium also was ex- 
tended, but this extension could, according to an- 
cient usage, only be made by such men as had by 
their victories over foreign nations increased the 
boundaries of the Empire, 7 and neither could a po- 
moerium be formed nor altered without the augurs 
previously consulting the will of the gods by augu- 
ry, whence the jus pomcerii of the augurs. 8 The for- 
mula of the prayer which the augurs performed on 
such occasions, and which was repeated after them 
by the people who attended, is preserved in Festus. 9 

The original pomoerium of Romulus ran, accord- 
ing to Gellius, 10 around the foot of the Palatine, but 
the one which Tacitus 11 describes as the pomoerium 
of Romulus comprised a much wider space, and 
was, as Niebuhr thinks, 18 an enlargement of the 
original compass, taking in a suburb or borough. 
Niebuhr also believes that pomoerium properly de- 
notes a suburb taken into the city. The Romulian 
pomoerium, according to Tacitus, ran from the 
Forum Boarium (the arch of Septimius Severus) 
through the valley of the Circus so as to include 
the ara maxima Herculis ; then along the foot of 
the Palatine to the ara Consi, and thence from the 
Septizonium to the curiae veteres (a little below the 
baths* of Trajan), along the top of the Velia to the 
Sacellum Larium, and lastly by the Via Sacra to 
the Forum. From the eastern side of the Forum to 

I. (Aristot., H. A., iv., 1.— Griffith's Cuvier, vol. xii., p. 289 
seq.)— 2. (Dioscor., Mat. Med., ii., 11. — Adams, Append., s. «r.» 
—3. (Varro, De Ling. Lat., iv., p. 40, ed. Bip.) — 4. (Vario, Do 
! Ling. Lat.,1. c.) — 5. (Liv., i.. 44.) — 6. (Gell., xiii., 14.) -7 
(Tacit., Annal., xii., 23.)— 8. (Dionys., iv., 13.— Cic, De Div., 
ii., 35.)— 9. (s. v. Prosimunum.)— 10. (1. c.)— 11. (Annal., xii., 
24.)— 12. (Hist, of Rome, i., p. 288. — Compare Bunsen, Be*- 
chreib. d. Stadt Rom., i., p. 138.— Sachse, Beschieib. von Rom . 
i., p. 50 ) 

789 



PONTIFEX. 



PONTIFEX. 



fne Velabrum there was a swamp, so that Tacitus 
does not mention the line of the pomoerium here. 
Servius Tullius again extended the pomoerium, 1 
but the Aventine was not included, either because 
the auspices here taken by Remus had been unfa- 
vourable, or, which is more probable, because there 
stood on this hill the temple of Diana, the common 
sanctuary of the Latins and Romans. 2 The Aven- 
tine did not become included within the pomoerium 
until the time of the Emperor Claudius. 3 Dionys- 
ius 4 states that, down to his time, nobody had ex- 
tended the pomoerium since the time of King Ser- 
vius, although we know from authentic sources that 
at least Augustus enlarged the pomoerium, 5 and 
the same is said of Sulla and J. Caesar. 6 The last 
who extended the pomoerium of Rome was the 
Emperor Aurehan, after he had enlarged the walls 
of the city. 7 

POMPA (7rofnv^), a solemn procession, as on the 
occasion of a funeral, triumph, &c. 8 It is, howev- 
er, more particularly applied to the grand proces- 
sion with which the games of the circus commen- 
ced {Pom-pa Circensis). (Vid. Circus, p. 255.) 

POMPELE LEGES. (Vid. Lex, p. 584, 585.) 

*POMPH'OLYX (tto^oM)- " Pompholyx," 
says Charras, " is a white, light powder, that sticks 
upon the tops of furnaces where they melt and re- 
fine copper, like flour of meal, and sometimes little 
poulses or blisters. They call it Nil or Nihili. 
Tutia comes from the same copper and at the same 
time as the pompholyx, but the weight of it caus- 
es it to stick about the lower part of the furnaces. 
The Greeks call Tutia by the name of Spodium." 
Hardouin, as Adams remarks, gives it the French 
name of " Lafleur de la Calamine." Blancard gives 
it the English name of " The White Tutty," but it 
is generally called " Brown Ashes" or " White 
Calamy" in English. 9 

*POMP'ILUS (TTOfimlog), a species of fish, sup- 
posed to be the Coryphana Pompilus. It is of a rare 
kind, and, according to Rondelet, is sometimes sold 
for Spanish mackerel. Athenaeus calls it the lepbc 
ixOvc. Oppian makes it the tcdXXixdvc. 10 

PONS. (Vid. Bridge.) 

PO'NTIFEX. The origin of this word is ex- 
plained in various ways. Q. Scaevola, who was 
himself pontifex maximus, derived it from posse 
and facere, and Varro from pons, because the pon- 
tiffs, he says, had built the Pons Sublicius, and af- 
terward frequently restored it, that it might be pos- 
sible to perform sacrifices on each side of the Ti- 
ber. 11 This statement is, however, contradicted by 
the tradition which ascribes the building of the Pons 
Sublicius to Ancus Marcius, 12 at a time when the 
pontiffs had long existed and borne this name. 
Gottling 13 thinks that pontifex is only another form 
for pompifex, which would characterize the pontiffs 
only as the managers and conductors of public pro- 
cessions and solemnities. But it seems far more 
probable that the word is formed from pons and 
facere (in the signification of the Greek pe.&tv, to 
perform a sacrifice), and that, consequently, it signi- 
fies the priests who offered sacrifices upon the 
bridge. The ancient sacrifice to which the name 
thus alludes is that of the Argeans on the sacred 
or Sublician bridge, which is described by Dionys- 



1. (Liv., i., 44.— Dionys., iv., 13.)— 2. (Gell., 1. c— Varro, De 
Ling. Lat., iv., p. 14, ed. Bip.) — 3. (Gell., 1. c. — Tacit., Annal., 
in., 23.V— 4. (1. c.)— 5. (Bunsen, 1. c, p. 139.)— 6. (Tacit., An- 
nal., 1. c —Gell., 1. c. — Fest., s. v. Prosimurium. — Cic ad Att., 
xiii., 20. — Dion Cass.,xliii.,50 ; xliv., 49.) — 7. (Fl. Vopisc.,Div. 
Aurel., 21.) — 8. (Cic, Pro Mil., 13.— Suet., Jul., 37, &c.)— 9. 
(Dioscor., v., 183. — Hardouin ad Plin., H. N., xxxiv., 33. — Blan- 
card, Lex. Mid. — Adams, Append., s. v.) — 10. (^lian, N. A., ii., 
15.— Id. ib., xv., 23.— Plin., H. N., xxxi., 11.— Oppian, i., 185.— 
Adams, Append., s. v.) — 11. (Varro, De Ling. Lat., iv., p. 24, 
&c, ed. Bip.)— 12. (Liv., i., 33.)— 13. (Gesch. d. R5m. Staatsv., 
P. 173.) 

790 



ius. 1 (Compare Argei.) Greek writers sometimes 
translate the word, and call the pontiffs yE^vpoTrocoi. 

The Roman pontiffs formed the most illustrious 
among the great colleges of priests. Their institu 
tion, like that of all important matters of religion, 
was ascribed to Numa. 2 The number cf pontiffs 
appointed by this king was four, 3 and at their head 
was the pontifex maximus, who is generally not 
included when the number of pontiffs is mentioned. 
Cicero, 4 however, includes the pontifex maximus 
when he says that Numa appointed five pontiffs. 
Niebuhr 5 supposes, with great probability, that the 
original number of four pontiffs (not including the 
pontifex maximus) had reference to the two earli 
est tribes of the Romans, the Ramnes and Tities, 
so that each tribe was represented by two pontiffs. 
In the year B.C. 300, the Ogulnian law raised the 
number of pontiffs to eight, or, including the ponti 
fex maximus, to nine, and four of them were to be 
plebeians. 6 The pontifex maximus, however, con- 
tinued to be a patrician down to the year B.C. 254, 
when Tib. Coruncanius was the first plebeian who 
w T as invested with this dignity. 7 This number of 
pontiffs remained for a long time unaltered, until, in 
81 B.C., the dictator Sulla increased it to fifteen, 8 
and J. Caesar to sixteen. 9 In both these changes 
the pontifex maximus is included in the number. 
During the Empire the number varied, though, on 
the whole, fifteen appears to have been the regular 
number. 

The mode of appointing the pontiffs was also dif- 
ferent at different times. It appears that after their 
institution by Numa, the college had the right of 
co-optation, that is, if a member of the college died 
(for all the pontiffs held their office for life), the 
members met and elected a successor, who, after 
his election, was inaugurated by the augurs. 10 This 
election was sometimes called captw? 1 In the 
year 212 B.C., Livy 12 speaks of the election of a 
pontifex maximus in the comitia (probably the co- 
mitia tributa) as the ordinary mode of appointing 
this high-priest. But, in relating the events of the 
year 181 B.C., he again states that the appointment 
of the chief pontiff took place by the co-optation of 
the college. 13 How these anomalies arose (unless 
Livy expresses himself carelessly) is uncertain ; 14 
for, as far as we kno w, the first attempt to depri\ e 
the college of its right of co-optation, and to trans- 
fer the power of election to the people, was not 
made until the year B.C. 145, by the tribune C. Li- 
cinius Crassus ; but it was frustrated by the prae- 
tor C. Laelius. 15 In 104 B.C. the attempt was 
successfully repeated by the tribune Cn. Domitius 
Ahenobarbus ; and a law (lex Domitia) was then 
passed, which transferred the right of electing the 
members of the great colleges of priests to the peo- 
ple (probably in the comitia tributa) ; that is, the 
people elected a candidate, who was then made a 
member of the college by the co-optatio of the 
priests themselves, so that the co-optatio, although 
still necessary, became a mere matter of form. 16 
The lex Domitia was repealed by Sulla in a lex 
Cornelia de Sacerdotiis (81 B.C.), which restored to 
the great priestly colleges their full right of co-op- 
tatio. 17 In the year 63 B.C. the law of Sulla was 
abolished, and the Domitian law was restored, but 
not in its full extent ; for it was now determined 
that, in case of a vacancy, the college itself should 

1. (i.,38.)— 2. (Liv., i., 20.— Dionys., ii., 73.)— 3. (Liv.,x., C.) 
—4. (De Republ., ii., 14.)— 5. (Hist, of Rom., i., p. 302, dec- 
Compare iii., p. 410.— Liv., x., 6.— Cic, De Republ., ii., 9.)— 6 
(Liv., x.,6.)-7. (Liv.,Epit., 18.)— 8. (Liv., Epit.,89.)— 9. (Dion 
Cass., xlii., 51.)— 10. (Dionys., ii., 22, 73.)— 11. (Gell., i., 12.) 
—12. (xxv., 5.)— 13. (Liv., xl., 42.)— 14. (Gottling, 1. c, p. 375.) 
—15. (Cic, De Am., 25.— Brut., 21— De Nat. Deor., iii., 2.,— 
16. (Cic, De Leg. Agr., ii., 7.— Epist. ad Brut., i., 5.— Vellei 
Pat., ii., 12— Sueton , Nero, 2.)— 17. (Liv., Epit., 89.— Psendo 
Ascon., in Divinat , p 102, ed Orelli.— Dion Cass., xxxvii , 37.) 



PONTIFEX. 



PONT1FEX. 



nominate two candidates, and the people elect one 
of them. This mode of proceeding is expressly 
mentioned in regard to the appointment of augurs, 
and was consequently the same in that of the pon- 
tiffs. 1 Julius Caesar did not alter this modified lex 
Domitia, but M. Antonius again restored the right 
of co-optatio to the college. 2 

The college of pontiffs had the supreme superin- 
tendence of all matters of religion, and of things 
and persons connected with public as well as pri- 
vate worship. A general outline of their rights and 
functions is given by Livy 3 and Dionysius. 4 This 
power is said to have been given to them by Numa ; 
and he also intrusted to their keeping the books 
containing the ritual ordinances, together with the 
obligation to give information to any one who might 
consult them on matters of religion. They had to 
guard against any irregularity in the observance of 
religious rites that might arise from a neglect of the 
ancient customs, or from the introduction of for- 
eign rites. They had not only to determine in what 
manner the heavenly gods should be worshipped, 
but also the proper form of burials, and how the 
souls of the departed (manes) were to be appeased ; 
in like manner, what signs either in lightning or 
other phenomena were to be received and attended 
to. They had the judicial decision in all matters 
of religion, whether private persons, magistrates, 
or priests were concerned ; and in cases where the 
existing laws or customs were found defective or 
insufficient, they made new laws and regulations 
(decreta ■pcntificum), in which they always followed 
their own judgment as to what was consistent with 
the existing customs and usages. 5 They watched 
over the conduct of all persons who had anything 
to do with the sacrifices or the worship of the gods, 
that is, over all the priests and their servants. 
The forms of worship and of sacrificing were deter- 
mined by the pontiffs, and whoever refused to obey 
their injunctions was punished by them, for they 
were "rerum qua ad sacra et reUgiones pertinent, 
indices et vindices." 6 The pontiffs themselves were 
not subject to any court of law or punishment, 
and were not responsible either to the senate or to 
the people. The details of these duties and func- 
tions were contained in book's called libri pontificii 
or pontificales, commentarii sacrorum or sacrorum 
pontificalium, 7 which they were said to have re- 
ceived from Numa, and which were sanctioned by 
Ancus Marcius. This king is said to have made 
public that part of these regulations which had ref- 
erence to the sacra publica ; 8 and when, at the com- 
mencement of the Republic, the wooden tables on 
which these published regulations were written 
had fallen into decay, they were restored by the 
pontifex maximus C. Papirius. 9 One part of these 
libri pontificales was called indigitamenta, and con- 
tained the names of the gods, as well as the manner 
in which these names were to be used in public 
worship. 10 A second part must have contained the 
formulas of the jus pontificium. 11 The original 
laws and regulations contained in these books were 
in the course of time increased and more accurately 
defined by the decrees of the pontiffs, whence per- 
haps their name commentarii. 12 Another tradition 
concerning these books stated that Numa commu- 
nicated to the pontiffs their duties and rights merely 
by word of mouth, and that he had buried the books 
in a stone chest on the Janiculum. 13 These books 



1. (Cic, Philipp., ii., 2.)— 2. (Dion Cass , xliv., 53.)— 3. (i., 
20.)— 4. (ii., 73.) — 5. (Gell., ii., 28 ; x., 15.) — 6. (Fest., s. v. 
Maximus pontifex. — Compare Cic, De Leg?., ii., 8, 12.) — 7. 
(Fest.,s. v. Aliutaani Occisum.) — 8. (Liv., i., 32.)— 9. (Dionys., 
iii., 36.) — 10. (Serv. ad Virg., Georg., i. 21.) — 11. (Cic, De 
Repubi., ii., 31.)— 12. (Plin., H. N., uviii., 3.— Liv., iv., 3.— Cic, 
Brut., 14 )— 13. (Pint., Num., 22.— Plin., II. N., xiii., 27.— Val. 
Wax., I., j., 12 —August., De Civit. Dei, vii., 34.) 



were found in 181 B.C., and one half of them con- 
tained ritual regulations and the jus pontificium, 
and the other half philosophical inquiries on these 
same subjects, and were written in the Greek lan- 
guage. The books were brought to the praetor ur- 
banus Q. Petilius, and tne senate ordered the latter 
half to be burned, while the former was carefully 
preserved. Respecting the nature and authenticity 
of this story, see Hartung, Die Relig. d. Rom., i., p. 
214, &c. Concerning the annales maximi which 
were kept by the pontifex maximus, and to which 
Livy 1 applies the name commentarii pontificum. 
see Annales. 

As to the rights and duties of the pontiffs, it must 
first of all be borne in mind that the pontiffs were 
not priests of any particular divinity, but a college 
which stood above all other priests, and superin- 
tended the whole external worship of the gods. 2 
One of their principal duties was the regulation of 
the sacra, both publica and privata, and to watch 
that they were observed at the proper times (for 
which purpose the pontiffs had the whole regulation 
of the calendar : vid. Calendar, p. 195, &c.) and in 
their proper form. In the management of the sacra 
publica they were in later times assisted in certain 
performances by the triumviri epulones (vid. Epu- 
lones), and had in their keeping the funds from 
which the expenses of the sacra publica were de- 
frayed. (Vid. Sacra.) 

The pontiffs convoked the assembly of the curies 
(comitia calata or curiata) in cases where priests 
were to be appointed, and flamines or rex sacrorum 
were to be inaugurated ; also when wills were to 
be received, and when a detestatio sacrorum and 
adoption by adrogatio took place. 3 ( Vid. Adoptio.) 
Whether the presence of the pontiffs, together with 
that of the augurs and two flamines, was necessary 
in the comitia curiata, also, in cases when other 
matters were transacted, as Niebuhr thinks,* does 
not appear to be quite certain. The curious cir- 
cumstance that on one occasion the pontifex maxi- 
mus was commanded by the senate to preside at 
the election of tribunes of the people, is explained 
by Niebuhr. 5 

As regards the jurisdiction of the pontiffs, magis- 
trates and priests, as well as private individuals, 
were bound to submit to their sentence, provided 
it had the sanction of three members of the col 
lege.* In most cases the sentence of the pontiffs 
only inflicted a fine upon the offenders, 7 but the 
person fined had a right to appeal to the people, 
who might release him from the fine. In regard to 
the vestal virgins and the persons who committed 
incest with them, the pontiffs had criminal jurisdic- 
tion, and might pronounce the sentence of death. 8 
A man who had violated a vestal virgin was, ac- 
cording to an ancient law, scourged to death by the 
pontifex maximus in the comitium, and it appears 
that originally neither the vestal virgins nor the male 
offenders in such a case had any right of appeal. 
Gottling 9 considers that they had the right of ap- 
peal, but the passage of Cicero 10 to which he re- 
fers does not support his opinion. Incest in gen- 
eral belonged to the jurisdiction of the pontiffs, and 
might be punished with death. 11 In later times we 
find that, even in the case of the pontiffs having 
passed sentence upon vestal virgins, a tribune in- 
terfered, and induced the people to appoint a quaes- 
tor for the purpose of making a fresh inquiry into 
the case ; and it sometimes happened that after 



1. (vi., i.)— 2. (Cic, De Legg., ii., 8.)— 3. (Gell., v., 19 ; xv., 

27.)— 4. (i., p. 342; ii., p. 223.)— 5. (ii., p. 359, &c.)— 6. (Cic, 

De Harusp. Resp., 6.)— 7. (Cic, Philip., xi., 8. — Liv., xxxvii., 

51 .—Id , xl., 42.)— 8. (Dionys., ix., 40.— Liv., xxii., 57— Fest., s 

' v. Probnim.)— 9. (p. LS5 )— 10. (De Repubi., ii., 31.)— 11. (Cic, 

|DeLe g g.,ii,ia; 7gi 



PONTIFEX 



POPULIFUGIA. 



this new trial thi sentence of the pontiffs was mod- 
ified or annulled. Such cases, however, seem to 
have been mere irregularities, founded upon an 
abuse of the tribunitian power. In the early times 
the pontiffs, as a portion of the patricians, were in 
the possession of the civil as well as religious law, 
until the former was made public by C. Flavius. 
( Vid. Actio, p. 17.) The regulations which served 
as a guide to the pontiffs in their judicial proceed- 
ings formed a large collection of laws, which was 
called the jus pontificium, and formed part of the 
libri pontifieii. 2 (Compare Jus, p. 560, &c.) The 
new decrees which the pontiffs made, either on the 
proposal of the senate, or in cases belonging to the 
sacra privata, or that of private individuals, were, 
as Livy 3 says, innumerable.* 

The meetings of the college of pontiffs, to which, 
in some instances, the flamines and the rex sacro- 
rum were summoned, 5 were held in the curia regia 
on the Via Sacra, to which was attached the resi- 
dence of the pontifex maximus and of the rex sa- 
crorum. 6 As the chief pontiff was obliged to live 
in a domus publica, Augustus, when he assumed 
this dignity, changed part of his own house into a 
domus publica. 7 All the pontiffs were in their ap- 
pearance distinguished by the conic cap called tu- 
tulus or galerus, with an apex upon it, and the toga 
praetexta. 

The pontifex maximus was the president of the 
college, and acted in its name, whence he alone is 
frequently mentioned in cases in which he must be 
considered only as the organ of the college. He 
was generally chosen from among the most distin- 
guished persons, and such as had held a curule 
magistracy, or were already members of the col- 
lege. 8 Two of his especial duties were to appoint 
(capere) the vestal virgins and the flamines (vid. 
Vestales, Flamen), and to be present at every 
marriage by confarreatio. When festive games 
were vowed or a dedication made, the chief pontiff 
had to repeat over, before the persons who made the 
vow or the dedication, the formula in which it was 
to be performed (prczire verba?). During the period 
of the Republic, when the people exercised sover- 
eign power in every respect, we find that if the 
pontiff, on constitutional or religious grounds, re- 
fused to perform this solemnity, he might be com- 
pelled by the people. 

A pontifex might, like all the members of the 
great priestly colleges, hold any other military, civ- 
il, or priestly office, provided the different offices 
did not interfere with one another. Thus we find 
one and the same person being pontiff, augur, and 
decemvir sacrorum; 10 instances of a pontifex max- 
imus being at the same time consul are very numer- 
ous. 11 But, whatever might be the civil or military 
office which a pontifex maximus held besides his 
pontificate, he was not allowed to leave Italy. The 
first who violated this law was "?. Licinius Cras- 
sus, in B.C. 131 ; 12 but after this precedent pontiffs 
seem to have frequently transgressed the law, and 
Caesar, though pontifex maximus, went to his prov- 
ince of Gaul. 

The college of pontiffs continued to exist until 
the overthrow of paganism ; 13 but its power and in- 
fluence were considerably weakened, as the emper- 
ors, according to the example of J. Caesar, had the 

1. (Ascon. ad Milon., p. 46, ed. Orelli.)— 2. (Cic, De Orat., 
•"., 43— Id. ib., iii., 33. — Id., Pro Domo, 13.)— 3. (xxxix., 16.) — 
4. (Compare Cic, De Leg., ii., 23. — Macrob., Sat., iii., 3. — Di- 
onys. Hal., ii., 73,) — 5. (Cic, De Harusp. Resp., 6.) — 6. (Suet., 
Jul., 46.— Serv. ad JEn., viii., 363.— Plin., Epist., iv., 11.)— 7. 
(Dion Cass, liv., 27.)— 8. (Liv., xxxv., 5. — Id., xl., 42.) — 9. 
(Liv , v., 40.— Id., ix., 46.— Id., iv., 27.)— 10. (Liv., xl., 42.)— 11. 
'Liv., xxviii., 38. — Cic, De Harusp. Resp., 6. — Compare Am- 
ftrosch, " Studien uud Andeutungen," p. 229, note 105.) — 12. 
(Liv., Epit., lib. 59.— Val. Max., viii., 7, 6.— Oros., v., 10.)— 13. 
CArnob.. iv., 35 — Synimach , Epist., ix., 128, 129.) 
792 



right to appoint as many members of the great col- 
leges of priests as they pleased. 1 In addition to 
this, the emperors themselves were always chieJ 
pontiffs, and, as such, the presidents of the college ; 
hence the title of pontifex maximus (P. M. or PON. 
M.) appears on several coins of the emperors. If 
there were several emperors at a time, only one 
bore the title of pontifex maximus ; but in the year 
A.D. 238, we find that each of the two emperors 
Maximus and Balbinus assumed this dignity. 2 The 
last traces of emperors being at the same time chief 
pontiffs are found in inscriptions of Valentinian, 
Valens, and Gratianus. 3 From the time of Theo- 
dosius the emperors no longer appear in the dignity 
of pontiff; but at last the title was assumed by the 
Christian bishop of Rome. 

There were other pontiffs at Rome, who were dis- 
tinguished by the epithet minores. Various opinions 
have been entertained as to what these pontifices 
minores were. Niebuhr 4 thinks that they were 
originally the pontiffs of the Luceres ; that they 
stood in the same relation to the other pontiffs as 
the patres minor um gentium to the patres majorum 
gentium ; and that subsequently, when the meaning 
of the name was forgotten, it was applied to the 
secretaries of the great college of pontiffs. In an- 
other passage 5 Niebuhr himself demonstrates that 
the Luceres were never represented in the college 
of pontiffs, and his earlier supposition is contradict- 
ed by all the statements of ancient writers who 
mention the pontifices minores. Livy, 6 in speaking 
of the secretaries of the college of pontiffs, adds, 
" quos nunc minores pontifices appellant ;" from 
which it is evident that the name pontifices minores 
w r as of later introduction, and that it was given 1o 
persons who originally had no claims to it, that is, 
to the secretaries of the pontiffs. The only natural 
solution of the question seems to be this. At the 
time when the real pontiffs began to neglect their 
duties, and to leave the principal business to be 
done by their secretaries, it became customary to 
designate these scribes by the name of pontifices 
minores. Macrobius, 7 in speaking of minor pontiffs 
previous to the time of Cn. Flavius, makes an 
anachronism, as he transfers a name customary in 
his own days to a time w r hen it could not possibly 
exist. The number of these secretaries is uncer- 
tain : Cicero 8 mentions the names of three minor 
pontiffs. The name cannot have been used long 
before the end of the Republic, when even chief 
pontiffs began to show a disregard for their sacred 
duties, as in the case of P. Licinius Crassus and 
Julius Caesar. Another proof of their falling off, in 
comparison with former days, is, that about the 
same time the good and luxurious living of the pon 
tiffs became proverbial at Rome. 9 

PONTIFI'CIUM JUS. ( Vid. Jus, p. 560.) 
PONTIFICATES LUDI. (Vid. Ludi Pontif. 

CALES.) 

PONTO, a Pontoon, was a vessel used for trans- 
porting troops across rivers. We are told that it 
was a kind of Gallic vessel, but we have no farthpi 
particulars respecting it. 10 

POPA. (Vid. Sacrificium.) 

POPI'NA. ( Vid. Caupona, p. 226.) 

POPULA'RIA. (Vid. Amphitheatruji, p. 53.) 

PO'PULUS. (Vid. Patrick.) 

POPULIFU'GIA or POPLIFU'GIA, the day of 
the people's flight, was celebrated on the nones of 
July, according to an ancient tradition preserved by 

1. (Dion Cass., xlii., 51.— Id., xliii., 51.— Id., Ii., 20.— Id.,liii.. 
17. _Suet.. Caes., 31.) — 2. (Capitol., Maxim, et Balb., 8.)— 3. 
(Orelli, Inscr., n. 1117, 1118.)— 4. (i., p. 302, u. 775.)— 5. (iii. 
p. 411.)— 6. (xxii., 57. —Compare Jul. Capitol., Opil. Macrin.,7.) 
—7. (Sat., i., 15.)— 8. (De Harusp. Resp.. 6.)— 9. (Horat , Carm.. 
ii., 14, 26, &c— Mart., xii., 48, 12— Macrob., Sat, ii., 9.V-1Q 
(Cass., Bell. Civ., iii., 29.— Cell., x., 25 » 



PORTA. 



PORTA. 



Varro,* in commemoration of the flight of the peo- 
ple, when the inhabitants of Ficulea, Fidenas, and 
other places round about, appeared in arms against 
Rome shortly after the departure of the Gauls, and 
produced such a panic that the Romans suddenly 
fled before them. Macrobius, 2 however, says that 
the populifugia was celebrated in commemoration of 
the flight of the people before the Tuscans, while 
Dionysius 3 refers its origin to the flight of the peo- 
ple on the death of Romulus. Niebuhr* seems dis- 
posed to accept the tradition preserved by Varro ; 
but the different accounts of its origin given by Ma- 
crobius and Dionysius render the story uncertain. 5 

PORIST'AI (TTopiGTai) were magistrates at Ath- 
ens, who probably levied the extraordinary supplies 
(II opirsrai eicriv upxv tic 'AO/Jvtiglv, tjtlc rcopovc e£i}- 
tei 6 ). Antiphon 7 classes them with the poletae and 
practores ; and Demosthenes 8 joins t€>v x?W^ TtiV 
Tafiiai Kai izopioTai, from which it would appear 
that they were public officers in his time, although 
the words do not necessarily prove this. 9 

*POROS (nupoc). " Theophrastus," says Adams, 
" describes a species of marble under this name. 
He says it resembles the Parian in hardness and 
colour, and the Tophus (ncbpoc) in lightness. The 
Tophus would seem to have been the Potstone of 
modern mineralogists. The medical authors like- 
wise applied the term to the chalk-stones which 
form in the joints of persons who have long la- 
boured under the gout." 

PORPE (Tropin?). (Vid. Fibula.) 

PORTA (~v?i7], dim. nvXlc), the gate of a city, 
citadel, or other open space enclosed by a wall, in 
contradistinction to Janua, which was the door of 
a house or any covered edifice. The terms porta 
and ttvXtj are often found in the plural, even when 
applied to a single gate, because it consisted of two 
leaves. 10 

The gates of a city were, of course, various in 
their number and position. The ancient walls of 
Paestum, Sepianum, and Aosta still remain, and en- 
close a square : the centre of each of the four walls 
was a gate. If, instead of being situated on a plain, 
a city was built on the summit of a precipitous hill, 
there was a gate on the sloping declivity which af- 
forded the easiest access. If, in consequence of the 
unevenness of the ground, the form of the walls 
was irregular, the number and situation of the gates 
varied according to the circumstances. Thus Me- 
gara had 5 gates ;" Thebes, in Boeotia, had 7; Ath- 
ens had 8 ; 12 and Rome 20, or perhaps even more. 

The jambs of the gate were surmounted, 1. by a 
lintel, which was large and strong in proportion to 
the width of the gate. The lintel of the centre gate 
leading into the Athenian acropolis is 17 feet long. 
2. By an arch, as we see exemplified at Pompeii, 
Paestum, Sepianum, Volterra, Autun, Bezancjon, and 
Treves. 3. At Arpinum, one of the gates now re- 
maining is arched, while another is constructed 
with the stones projecting one beyond another, after 
the manner represented in the woodcut at p. 85." 

At Como, Verona, and other ancient cities of 
Lombardy, the gate contains tw r o passages close 
together, the one designed for carriages entering, 
and the other for carriages leaving the ciiy. The 
same provision is observed in the magnificent ruin 
of a gate at Treves. (See the following woodcut, 
showing a view of it, together with its plan.) In 
other instances we find only one gate for carriages, 

1. (De Ling. Lat., v\, 18, ed. Muller.)— 2. (Saturn., iii., 2.)— 
I. (ii.,76)— 4. (Hisc. of Rome, ii., p. 573.) — 5. (Compare Ar- 
nold, Hist, of Rome, ii., p. 10.) — 6. (Bekker, Anec, p. 294, 19.) 
—7. (De Chor., p. 791, ed. Reiske .)— 8. (Philip., i., p. 49, 15.) 
—9. (Bockh, Publ. Econ. of Athens, i., p. 223.)— 10. (Thucyd., 
ii.. 4.— Virg., JEn., ii., 330.)— 11. (Reinganum, Megaris. p. 125, 
126.)— 12. (Ersch imd Gruber, Encyc, s. v. Attica, p. 240, 241.) 

-13. (Keppel Craven, " Excurs. in the Abruzzi," vol. i., p 108.) 



but a smaller one on each side of it (napanvX^ 1 ) [ot 
foot-passengers. (See the plan of the gate of Pom- 
peii, p. 224.) Each of the fine gates which remain 
at Autun has not only two carriage-ways, hut, ex- 
terior to them, two sideways for pedestrian3. 9 
When there were no sideways, one of the valves ot 
the large gate sometimes contained a wicket (por- 
tula, irvXig: plvotcvati) large enough to admit a 
single person. The porter opened it when any one 
wished to go in or out by night. 3 

The contrivances for fastening gates were in gen- 
eral the same as those used for doors (vid. Janua), 
but larger in proportion. The wooden bar placed 
across them in the inside (pox^c) was kept in its 
position by the following method. A hole, passing 
through it perpendicularly ((3a?Mvo66K7j*), admitted a 
cylindrical piece of iron, called pdXavoc, which also 
entered a hole in the gate, so that, until it was taken 
out, the bar could not be removed either to the one 
side or the other. 5 Another piece of iron, fitted to 
the pdlavoc, and called (Salavdypa, was used to ex- 
tract it. 6 When the besiegers, for want of this key, 
the fialavaypa, were unable to remove the bar, they 
cut it through with a hatchet, 7 or set it on fire. 8 

The gateway had commonly a chamber, either 
on one side or on both, which served as the resi- 
dence of the porter or guard. It was called ttv16v. 9 
Its situation is shown in the following plan. (See 
woodcut.) But the gateway was also, in many 
cases, surmounted by a tower, adapted either for 
defence (portis turres imposuit 10 ), or for conducting 
the general business of government. In the gates 
of Como and Verona this edifice is three stories high. 
At Treves it was four stories high in the flanks, al- 
though the four stories remain standing in one of 
them only, as may be observed in the annexed 
woodcut. The length of this building is 1 1 5 feet ; its 




depth, 47 in the middle, 6 / in the flanks ; its greatest 
height, 92. All the four stories are ornamented in 
every direction with rows of Tuscan columns. The 
gateways are each 14 feet wide. The entrance of 



1. (Heliodor., viii., p. 394.)- 2. (Millin, M Voyage d»ns les De. 
partemens." &c, torn, i., ch. 22; Atlas, pi. 18, figs. 3, 4.)—?. 
(Polyb., viii , 20, 24.— L.v., xxv., 9.)— 4. (JEn. Tact., 18.)— 5. 
(Thucyd., ii , 4. — Aristoph., Vesp., 200. — 0c6a^uvuiTat : Aves, 
1159.)— 6. ( En. Tact.. 1. c.)— 7. (Thucyd., iv., 111.— Polyb., 
viii., 23,24. -8. (JEn.'Tnct., 19.)— 9. (Polyb., viii.. 20, 23, 24 ) 
—10. (Caes B. G., vir . 9. -Virg., JEn., vi., 552-554.) 

793 



PORTICUS. 



PORTORIUM. 



each appears to have been guarded, as at Poir^/eii 
(see p. 224), first by a portcullis, and then by gates 
of wood and iron. The barbican, between the 
double portcullis and the pair of gates, was no doubt 
open to the sky, as in the gates of Pompeii. This 
edifice was probably erected by Constantine. 1 Its 
rows of ornamental windows, and the general style 
of its architecture, afford sufficient indications, that, 
although very strong, it was not intended solely 
nor principally for the purposes of defence, but to 
be applied in time of peace to the various objects 
of civil government. To these latter purposes the 
gatehouse (itvWv) was commonly devoted, more 
especially in Eastern countries. Hence Polybius 2 
calls a building at Alexandrea rov xpvpaTWTcicdv ttv- 
2,&va tup ftaoLkeiuv, i. e., "the gatehouse of the 
palace, used for the transaction of public business." 
In the Old Testament the references to this custom 
are very frequent. By metonymy, "the gates" 
meant those who administered justice at the gates, 
and wielded the powers of government. 3 

Statues of the gods were often placed near the 
gate, or even within it in the barbican, so as to be 
ready to receive the adoration of those who entered 
the city. 4 The probable position of the statue was 
the point S in the above plan. The gate was some- 
times much ornamented. Sculptured elephants, 
for example, were placed upon the Porta Aurea at 
Constantinople. 

PO'RTICUS (csroa), a walk covered with a roof, 
which is supported by columns at least on one side. 
A porticus was either attached to temples and oth- 
er public buildings, or it was built independent of 
any other edifice. Such shaded walks and places 
of resort are almost indispensable in the southern 
countries of Europe, where people live much in the 
open air, as a protection from the heat of the sun 
and from rain. This was the case in ancient times 
to a much greater extent than at present. The 
porticoes attached to the temples were either con- 
structed only in front of them, or went round the 
whole building, as is the case in the so-called Tem- 
ple of Theseus at Athens. They were originally 
intended as places for those persons to assemble 
and converse in who visited the temple for vari- 
ous purposes. As such temple-porticoes, however, 
were found too small or not suited for the various 
purposes of private and public life, most Grecian 
towns had independent porticoes, some of which 
were very extensive ; and as the Greeks, in all 
their public works, soon went beyond the limits of 
mere utility, these public walks were not only built 
in the most magnificent style, but were adorned 
with pictures and statues by the best masters. Of 
this kind were the pcecile and aroa (3aci?i£Loc at 
Athens, 5 and the gtou, Hepoinri at Sparta. 6 The 
Skias at Sparta, where the popular assemblies were 
held, seems to have been a building of the same 
kind. 7 In most of these stoae, seats (exedra) were 
placed, that those who were tired might sit down. 
They were frequented not only by idle loungers, 
but also by philosophers, rhetoricians, and other 
persons fond of intellectual conversation. The 
Stoic school of philosophy derived its name from 
the circumstance that the founder of it used to 
converse with his disciples in a stoa. The Ro- 
mans derived their great fondness for such covered 
walks from the Greeks ; and as luxuries among 
them were carried in everything to a greater ex- 
tent than in Greece, wealthy Romans had their 
private porticoes, sometimes in the city itself, and 
sometimes in their country-seats. In the public 

1. (Wyttenbach's Roman Ant. of Treves, p. 9-39.)— 2. (xv., 
29.)_3. (Horn., IL, ix., 312.— Matth., xvi., 18.)— 4. (Paus., iv., 
33, t> 4.— Lucret., i., 314.— Acts, xiv., 13 )— 5. (Athen., xiii., p. 
577.— Paus., i., 3, § 1, &o . -6 (T as- ,i'i , 11, * 3.)— 7. (Paus., 
iii , 12, * 8.) 

794 



porticoes of Rome, which were exceedingly na 
merous and very extensive (as that around the Fo- 
rum and the Campus Martius), a variety of business 
was occasionally transacted : we find that law- 
suits were conducted here, meetings of the senate 
held, goods exhibited for sale, &c. (See Pitiscus, 1 
who has given a complete list of all the porticoes 
of Rome.) 

PORTI'SCULUS (KeTievarrjg), an officer in a ship, 
who gave the signal to the rowers, that they might 
keep time in rowing. The same name was also 
given to the pole or hammer, by the striking ot 
which he regulated the motion of the oars. 2 The 
duties of this officer are thus described by Silius 
Italicus : 3 

" Media, stat margine puppis, 
Quid voce alternos nautarum temperet ictus, 
Et remis dictet sonitum, pariterque relatis 
Ad sonitum plaudat resonantia ccerula tonsis.' 

This officer is sometimes called Hortator,* or 
Pau&arius. 5 

PORTITO'RES. (Vid. Pcblicani.) 
PORTO'RIUM was one branch of the regulai 
revenues of the Roman state, consisting of the du- 
ties paid on imported and exported goods : some- 
times, however, the name portorium is also applied 
to the duties raised upon goods for being carried 
through a country or over bridges. 6 A portorium, 
or duty upon imported goods, appears to have been 
paid at a very early period, for it is said that Vale- 
rius Publicola exempted the plebes from the porto- 
ria at the time when the Republic was threatened 
with an invasion by Porsenna. 7 The time of its 
introduction is uncertain ; but the abolition of it, 
ascribed to Publicola, can only have been a tem- 
porary measure ; and as the expenditure of the 
Republic increased, new portoria must have been 
introduced. Thus the censors M. iEmilius Lepi- 
dus and M. Fulvius Nobilior instituted portoria et 
vectigalia multa, 8 and C. Gracchus again increased 
the number of articles which had to pay porto- 
ria. 9 In conquered places and in the provinces, the 
import and export duties, which had been paid 
there before, were generally not only retained, but 
increased, and appropriated to the aerarium. Thus 
we read of portoria being paid at Capua and Pute- 
oli on goods which were imported by merchants. 10 
Sicily, and, above all, Asia, furnished to the Roman 
treasury large sums which were raised as portoria. 11 
In some cases, however, the Romans allowed a 
subject nation, as a particular favour, to raise for 
themselves whatever portoria they pleased in their 
ports, and only stipulated that Roman citizens and 
socii Latini should be exempted from them. 12 In 
the year 60 B.C., all the portoria in the ports of Italy 
were done away with by a lex Caecilia, carried by 
the praetor Q. Metellus Nepos. 13 It appears, how- 
ever, that the cause of this abolition was not any 
complaint by the people of the tax itself, but of the 
portitores, i. e., the persons who collected it, and 
who greatly annoyed the merchants by their unfair 
conduct and various vexations. (Vid. Publicani.) 
Thus the Republic for a time only levied import and 
export duties in the provinces, until J. Caesar re- 
stored the duties on commodities imported from 
foreign countries. 14 During the last triumvirate 
new portoria were introduced, 15 and Augustus partly 
increased the old import duties and partly instituted 



1. (Lexicon, s. v. Porticus.)— 2. (Festus, s. v.)— 3. (vi., 360, 
&c.)— 4. (Ovid, Met., iii., 618.— Plaut., Merc, iv., 2, 5.— Virg., 
JEn., iii., 128.)— 5. (Compare Blomneld ad ^Esch., Pers., 403.) 
6. (Plin., II. N., xii., 31.— Sueton., Vitell., 14.)— 7. (Liv., ii., 9. 
— Compare Dionys., v., 22.)— 8. (Liv., xl., 51.)- 9. (Vellei. Pat., 
ii., 6.)— 10. (Liv., xxxii., 7.)— 11. (Cic, c. Verr., ii., 75.— Pro 
Leg. Manil., 6.)— 12. (Liv., xxxviii., 44.— Gruter, Inscr., p. 500.) 
—13. (Dion Cass., xxxvii., 51.— Cic.adAtt., ii., 16.)— 14. (Suet, 
Jul., 43.)— 15. (Dion Cass., xlviii., 34 ) 



POSEIDONIA. 



POSSESSIO 



new ones. The subsequent emperors increased or 
diminished this branch of the revenue as necessity- 
required, or as their own discretion dictated. 

As regards the articles subject to an import duty, 
it may be stated in general terms, that all com- 
modities, including slaves, which were imported by 
merchants for the purpose of selling them again, 
were subject to the portorium, whereas things 
which a person brought with him for his own use 
were exempted from it. A long list of such taxable 
articles is given in the Digest. 1 Many things, how- 
ever, which belonged more to the luxuries than to 
the necessaries of life, such as eunuchs and hand- 
some youths, had to pay an import duty, even 
though they were imported by persons for their 
own use. 2 Things which were imported for the 
use of the state were also exempt from the portori- 
um. But the governors of provinces (presides), 
when they sent persons to purchase things for the 
use of the public, had to write a list of such things 
for the publicani (portitores), to enable the latter to 
see whether more things were imported than what 
were ordered ; 3 for the practice of smuggling ap- 
pears to have been as common among the Romans 
as in modern times. Respecting the right of the 
portitores to search travellers and merchants, see 
Publicani. Such goods as were duly stated to the 
portitores were called scripta, and those which 
were not, inscripta. If goods subject to a duty 
were concealed, they were, on their discovery, con- 
fiscated. 4 

Respecting the amount of the import or export 
duties, we have but very few statements in the an- 
cient writers. In the time of Cicero, the portorium 
in the ports of Sicily was one twentieth (vicesima) 
of the value of taxable articles ; 5 and as this was 
the customary rate in Greece, 6 it is probable that 
this was the average sum raised in all the other 
provinces. In the times of the emperors, the ordi- 
nary rate of the portorium appears to have been 
the fortieth part (quadragesima) of the value of im- 
ported goods. 7 At a late period, the exorbitant sum 
of one eighth (octavo?) is mentioned as the ordinary 
import duty ; but it is uncertain whether this is the 
duty for all articles of commerce, or merely for cer- 
tain things. 

The portorium was, like all other vectigalia, 
farmed out by the censors to the publicani, who 
collected it through the portitores. ( Vid. Vectiga- 
lia, Publicaxi.) 9 

PORTUMNA'LIA or PORTUNA'LIA, a festi- 
val celebrated in honour of Portumnus or Portu- 
nus, the god of harbours. 10 It was celebrated on 
the 17th day before the calends of September. 11 

POSCA. vinegar mixed with water, was the com- 
mon drink of the lower orders among the Romans, 
as of soldiers when on service, 12 slaves, 13 &c. 

POSEIDO'NIA (Iloaeiduvca), a festival held every 
year in JSgina in honour of Poseidon. 1 * It seems 
to have been celebrated by all the inhabitants of the 
island, as Athenaeus 15 calls it a panegyris, and men- 
tions that, during one celebration, Phryne, the cele- 
brated hetaera, walked naked into the sea in the 
presence of the assembled Greeks. The festival 
is also mentioned by Theodoretus, 16 but no particu- 
lars are known. 



I. (39, tit. 4, s. 16.— Compare Cic., c. Verr., ii., 72, 74.)— 2. 
(Suet., De clar. Rhet., 1.— Cod., iv., tit. 42, s. 2.)— 3. (Dig. 39, 
tit. 4, s. 4.)— 4. (Dig. 39, tit. 4, s. 16.)— 5. (Cic, c. Verr., ii., 
75.)— 6. (Biickh, Staatsh., i., p. 348.)— 7. (Suet., Vesp., 1.— 
Qumtil., Declam., 359.— Symmach., Epist.. v., 62, 65.)— 8. (Cod., 
iv., tit. 61, s. 7.)— 9. (Bunnann, De Vect. Pop. Rom., p. 50-77.— 
R. Bosse, Grundziige des Finanzwesens im Rom. Staat. Braun- 
schweigh, 1803, 2 vols.— Hegewisch, Versuch iiber die Rom. Fi- 
nalize^ Altona, 1804.)— 10. (Varro, De Ling. Lat., vii., 19, ed. 
Muller.)— 11. (Calendarium Maff.)— 12. (Spart.,Hadr., 10.)— 13. 
(Phut., Mi!., iii., 2. 23.)— 14. (Ataea., xm.,p. 588.)— 15. (xiii., 
p. 590.)-16. (Therap., 7.) 



POSSE'SSIO. Paulus 1 observes. " Possess* ap 
pcllata est, ut et Labeoait, apedibus" (ed. Flor., " Sed- 
ibus"), "quasi positio : quia naturaliter tenctur ab eo 
qui insistit." The absurdity of the etymology and 
of the reason is equal. The elements of posside- 
re are either pot (pot-is) and seder e, or the first part 
of the word is related to apud and the cognate 
Greek form of nori (npoc). 

Possessio, in its primary sense, is the conditioc 
or power by virtue of which a man has such a mas 
tery over a corporeal thing as to deal with it at his 
pleasure and to exclude other persons from med 
dling with it. This condition or power is deten 
tion, and it lies at the bottom of all legal senses of 
the word possession. This possession is no legal 
state or condition, but it may be the source of 
rights, and it then becomes possessio in a juristical 
or legal sense. Still, even in this sense, it is not in 
any way to be confounded with property (proprie- 
las). A man may have the juristical possession 
of a thing without being the proprietor, and a man 
may be the proprietor of a thing without having 
the juristical possession of it, and, consequently, 
without having the detention of it. 2 Ownership is 
the legal capacity to operate on a thing according 
to a man's pleasure, and to exclude everybody else 
from doing so. Possession, in the sense of deten- 
tion, is the actual exercise of such a power as the 
owner has a right to exercise. 

Detention becomes juristical possession and the 
foundation of certain rights when the detainer has 
the intention (animus) to deal with the thing as his 
own. If he deal with it as the property of another, 
as exercising over it the rights of another, he is 
not said " possidcre" in a juristical sense, but he 
is said " alieno nomine possidere.^ This is the case 
with the commodatarius and with him who hok'ci 
a deposite. 3 

When the detention is made a juristical posses- 
sio by virtue of the animus, it lays the foundation 
of a right to the interdict, and by virtue of usuca- 
pion it becomes ownership. The right to the inter- 
dict is simply founded on a juristical possession, in 
whatever way it may have originated, except that 
it must not have originated illegally with respect 
to the person against whom the interdict is claim- 
ed. (Vid. Interdictum.) Simply by virtue of be- 
ing possessor, the possessor has a better right than 
any person who is not possessor. 4 Usucapion re- 
quires not only a juristical possessio, but in its 
origin it must have been bona fide and founded on 
a justa causa, that is, there must be nothing illegal 
in the origin of the possessio. (Vid. Usucapio.) 

The right which is founded on a juristical pos- 
sessio is a jus possessionis, or right of possession, 
that is, a right arising from a juristical possession. 
The expression jus possessionis is used by the Ro- 
man jurists. The right to possess, called by mod- 
ern jurists jus possidendi, belongs to the theory of 
ownership. 

All juristical possession, then, that is, possessic 
in the Roman law as a source of rights, has refer- 
ence only to usucapion and interdicts ; and all the 
rules of law which treat possession as a thing of a 
juristical nature, have no other object than to de- 
termine the possibility of usucapion and of the in- 
terdicts. 5 

In answer to the question to which class of 
rights possession belongs, Savigny observes, 6 " So 
far as concerns usucapion, one cannot suppose the 
thing to be the subject of a question. No one thinks 
of asking to what class of rights a justa causa be- 
longs, without which tradition cannot give owner- 

1. (Dig. 41, tit. 2, s. 1.)— 2. (Dig. 41, tit. 2, s. 12.)— 3. (Dig 
41, tit. 2, s. 18, 30.)— 4. (Dig. 43, tit. 17, s. 1, 2.)— 5. (Savigny, 
Das Recht des Besitzes, p. 24, <kc.) — 6. (J 6.) 

795 



POSSESSIO 



FUSSESSiO. 



ship. It is no right, hut H is a part of the whole 
transaction by which ownership is acquired. So is 
it with possession in respect to usucapion." 

The right to possessorial interdicts belongs to 
the law of obligationes ex maleficiis. "The right 
to possessorial interdicts, then, belongs to the law 
of obligationes, and therein possession is only so 
far considered as containing the condition without 
which the interdicts cannot be supposed possible. 
The jus possessionis, consequently — that is, the right 
which mere possession g ; ves — consists simply in 
'•he claim which the possessor has to the interdicts 
is soon as his possession is disturbed in a definite 
form. Independent of this disturbance, bare pos- 
session gives no rights, neither a jus obligationis, 
is is self-evident, nor yet a right to the thing, for 
no dealing with a thing is to be considered as a le- 
gal act simply because the person so dealing has 
Ihe possession of the thing." 1 

The term possessio occurs in the Roman jurists 
in various senses. There is possessio generally, 
ind possessio civilis, and possessio naturalis. 

Possessio denoted originally bare detention. But 
'his detention under certain conditions becomes a 
iegal state, inasmuch as it leads to ownership 
'hrough usucapion. Accordingly, the word posses- 
sio, which required no qualification so long as there 
was no other notion attached to possessio, requires 
such qualification when detention becomes a legal 
state. This detention, then, when it has the con- 
ditions necessary to usucapion, is called possessio 
civilis ; and all other possessio, as opposed to civilis, 
is naturalis. But detention may also be the found- 
ation of interdicts, which notion of possession is 
always expressed by possessio simply, and this is 
the meaning of possessio when used alone and in 
a technical sense. As opposed to this sense of 
possessio, all other kinds of detention are also call- 
ed naturalis possessio, the opposition between the 
natural and the juristical possession (possessio) be- 
ing here expressed just in the same way as this op- 
position is denoted in the case of the civilis posses- 
sio. There is, therefore, a twofold juristical pos- 
sessio : possessio civilis, or possession for the pur- 
pose of usucapion, and possessio, or possession for 
the purpose of the interdict. It follows that pos- 
sessio is included in possessio civilis, which only 
requires more conditions than possessio. If, then, 
a man has possessio civilis, he has also possessio, 
that is, the right to the interdict ; but the converse 
is not true. Possessio naturalis, as above observ- 
ed, has two significations, but they are both nega- 
tive, and merely express in each case a logical op- 
position, that is, they are respectively not posses- 
sio civilis or possessio. The various expressions 
used to denote bare detention are " tenere" " corpo- 
raliter possidere," "esse in possessionem 

In the case of a thing being pignorated, the per- 
son w r ho pledges it has still the possessio ad usu- 
capionem, but the pledgee alone has the possessio 
ad interdicta. It is not a possessio civilis which is 
the foundation of the pledger's title by usucapion ; 
but by a special fiction he is considered to have 
such possession, and so the case is a special ex- 
ception to the general rule, " sine possessione usu- 
capio contingere non potest." 

Possessio justa is every possessio that is not il- 
legal in its origin, whether such possessio be mere 
detention or juristical possessio. The word justa 
is here used, not in that acceptation in which it has 
reference to jus civile, and is equivalent to civilis 
or legitima, but in another sense, which is more 
indefinite, and means " rightful" generally, that is, 
not wrongful. The creditor who is in possession 
of a pledge has a justa possessio, but not a civilis 



796 



1. (Savigny, p. 34.) 



possessio : he has, however, a juristical possessio. 
that is, possessio, and, consequently, a right to the 
interdicts. The missio in possessionem is the 
foundation of a justa possessio, but, as a general 
rule, not of a juristical possessio. Possessio injus- 
ta is the logical opposite of justa, and in the case 
of possessio in justa there are three special vitia 
possessionis, that is, when the possession has ori- 
ginated vi, clam, or precario 1 {Hanc tu mihi vel vi, 
vel clam, vel precario fac tradas). 

With respect to the causa possessionis, there 
was a legal maxim : " Nemo sibi ipse causam pos- 
sessionis mutare potest." This rule is explained by 
Savigny by means of Gaius, 2 as having reference 
to the old usucapio pro herede, and the meaning of 
it was, that if a person had once begun to possess 
for any particular cause, he could not at his pleas- 
ure change such possessio into a possessio pro he- 
rede. 3 

A possessor bonae fidei is he who believes that 
no person has a better right to possess than him- 
self. A possessor malae fidei is he who knows that 
he has no right to possess the thing.* 

Besides these various meanings of possessio, 
possessor, possidere, at the bottom of all which lies 
the notion of possession, there are some other 
meanings. " To have ownership" is sometimes 
expressed by possidere ; the thing which is the ob- 
ject of ownership is sometimes possessio ;.and the 
owner is possessor. This use of the word occurs 
frequently in the Code and Pandect, and also in 
Cicero, Quintilian, Horace, and other writers. But 
it is remarked by Savigny that these meanings of 
possidere, possessio, &c., always refer to land as 
their object. 

Possessio also denotes the relaiion of a defend • 
ant with respect to a plaintiff For instance, when 
ownership is claimed, the demand must be against 
a person in possession ; but this does not mean 
that such person must have a juristical possession. 
In a vindicatio, accordingly, the plaintiff is called 
petitor, and the defendant is named possessor, be- 
cause, in fact, he has the possession of that which 
the plaintiff claims. The procedure by the vindi- 
catio was also adapted to the case of an hereditas, 
and here also the term possessor was applied to 
the defendant. In many cases the possessor was 
really such, and one object of the hereditatis pei± 
tio was to recover single things which the defend- 
ant possessed pro herede or pro possessore. But 
the term possessor was not limited to such cases, 
for the defendant is called possessor when the pe- 
titio is not about a matter of possession. He is 
called juris possessor, because he refuses to do 
something which the heres claims of him, or be- 
cause he asserts his right to a portion of the he- 
reditas. 

The juristical notion of possession implies a 
thing which can be the object of ownership: it 
also implies that the possessor can be no other 
than a person who has a capacity for ownership. 

The notion of possession is such that only one 
person at a time can possess the whole of a thing 
(plures eandem rem in solidum possidere nun possunt). 
When several persons possess a thing in common, 
so that their possession is mutually limited, each, 
in fact, possesses only a definite part of the thing, 
but does not possess the other parts ; and, though 
the division into parts is only ideal, this does not 
affect the legal consideration of the matter. Per- 
sons may also possess the same thing in different 
senses, as in the case of the debtor and his credit 
or who has received from him a pignus. 

Though things incorporeal are not strictly ob 

_^ ■ ■ — ■■■ ■ ■- - ■- ■ ■ ■ m 

1. (Terent., Eunuch., ii., 3— Dig. 43, tit. 17, s. 1, 2.)— 2 (ii. 
52, &c.)— 3. (Savigny, p. 56.)— 4 (Savigny, p. 84.) 



POSSESSIO. 



POSSESSIO. 



jeets of possession, yet there is a ju.is quasi pos- 
sessio of them, as, for instance, in the case of ser- 
vitutes (easements). The exercise of a right of 
this kind is analogous to the possession of a corpo- 
real thing : in other words, as real possession con- 
sists in the exercise of ownership, so this kind of 
possession, which is fashioned from analogy to the 
>ther, consists in the exercise of a jus in re, or of 
me of the component parts of ownership. In the 
jase of possession, it is the thing (corpus) which is 
oossessed, and not the property : by analogy, then, 
vve should not say that the servitus or the jus in 
re is possessed. But as in the case of a jus in re 
there is nothing to which the notion of possession 
can be attached, while in the case of ownership 
there is the thing to which we apply the notion of 
possession, we are compelled to resort to the ex- 
pression, juris quasi possessio, by which nothing 
more i? meant than the exercise of a jus in re, 
which exercise has the same relation to the jus in 
re thct proper possession has to ownership. 1 

In ordc 1, to the acquisition of juristical possessio, 
apprehension and animus are necessary. The ap- 
prehension of a corporeal thing is such a dealing 
with it as empowers the person who intends to ac- 
quire the possession tc operate on the thing to the 
exclusion of all other pei?on&. But actual corpo- 
real contact with the thing is not necessary to ap- 
prehension : it is enough" if theic is some act on 
the part of the person who intends to acquire pos- 
session, which gives him the physical capacity to 
operate on the thing at his pleasure. Thus, m the 
case of a piece of ground, he who enters upon pari 
.'s considered to have entered upon the whole. A 
man may acquire possession of what is contained 
in a thing by delivery of the key which gives him 
access to the contents, in the presence of (apud) 
.he thing. The case mentioned in the Digest 2 is 
S\at of the key of a granary being delivered in 
sight of the granary (apud horrea). The delivery 
>f the key is not a symbolical delivery, as some 
u:ve supposed, but it is the delivery of the means 
>° getting at the thing. 3 

The animus consists in the will to treat as one's 
own the thing that is the object of our apprehension. 
All persons, therefore, who are legally incompetent 
to will, are incompetent to acquire a juristical pos- 
session. Children and lunatics are examples of 
such persons. If a man has the detention of a 
thing, he can acquire the possess'o by the animus 
alone, for the other condition has been already 
complied with. 

In order that juristical possession may be ac- 
quired, there must al*vays be the animus on the part 
of him who intends to acquire the possession ; but 
the act of apprehension (corpus) may be effected by 
another as his representative, if that other does the 
necessary acts, and with the intention of acquiring 
he possession for the other, and not for himself.* 
There must be a certain relation between the per- 
son for whom possession is thus acquired and the 
person who acquires it for him, either of legal power 
(potestas) or of agency : the former is the case of a 
slave or filiusfamilias who obeys a command, and 
the latter is the case of an agent who follows in- 
structions (mandatum). A person who is the rep- 
resentative of another, and has the possessio of a 
thing, may by the animus alone cease to have the 
possessio, and transfer it to that other, retaining 
only the bare detention. 

Possessio, that is, the right of possession, is, 
however, a thing that can be transferred without 
the transfer of ownership. In this case of deriva- 



1. (Savigny, p. 166.)— 2. (Dig. 18, tit. 1, s. 74.)— 3. (Compare 
Lord Hardwicke's remarks on this matter, Ward v. Turner, 2 
Ves.) -4. (Paulns. S. R., v tit. 2, s. 1.) 



tive possessio, the apprehension is the same as m 
the case of acquiring a juristical possessio ; but the 
animus with which the thing is apprehended cannot 
be the "animus domini" but merely the "animus 
possidendi," that is, the will to acquire the jus pos- 
sessionis, which the possessor transfers, and nothing 
more. The detention of a thing may be transferred 
without the ownership, but the transfer of the de- 
tention is not always accompanied by a transfer of 
the jus possessionis. There are three classes into 
which all acts may be distributed which are accom- 
panied with a transfer of detention : 1. those which 
are never the foundation of a derivative possessio ; 
2. those which always are ; and, 3. those which are 
sometimes. The first class comprehends such 
cases as those when the detention of a thing is 
transferred to an agent (procurator), and the case 
of a commodatum. (Vid. Commodatum.) The sec- 
ond class comprehends the case of the emphyteu- 
ta, which is a possessio, but only a derivative one, 
as the emphyteuta has not the animus domini ; it 
also comprehends the case of the creditor who re- 
ceives the detention of a pignus by a contractus 
pignoris, but it does not comprehend the case of a 
pignus praetorium, pignus in causa judicati captum, 
nor a pactum hypothecs. In the case of a con- 
tractus pignoris, when the thing was delivered to 
the creditor he had possessio, that is, a right to the 
interdicts, but not possessio chilis, that is, the right 
of usucapion. The debtor had no possessio at all, 
but, by virtue of an exception to a general rule, he 
continued the usucapion that had been commenced. 
(Vid. Pignus.) The third class comprehends de- 
po.situm and precarium. 

The right of possession consists in the right to 
the protection of the interdict (vid. Interdictum), 
and this protection is also extended to jura in re. 
The relation of the juris quasi possessio to posses- 
sio has been already explained. The objects of this 
juris quasi possessio are personal servitutes, real 
servitutes, and jura in re which do not belong to 
the class of servitutes, of which superficies is the 
only proper instance. In all the cases of juris quasi 
possessio, the acquisition and the continuance of 
the right of possession depend on the corpus and 
animus ; and the animus is to be viewed exactly in 
the same way as in the case of possession of a cor- 
poreal thing. The exercise of personal servitutes 
(particularly usus and ususfructus) is inseparable 
from the natural possession of the thing, and the 
possession of them is consequently acquired in the 
same way as the possession of a corporeal thing. 
As to the juris quasi possessio of real servitutes, 
there are two cases : either he who has a right to 
the servitus must do some act, which, if he had not 
the right, he might be forbidden to do (servitus qua, 
in patiendo consistit), or the owner of property has 
no right io do some particular thing, which, if the 
right did not exist, he might do (servitus qua in non 
faciendo consistit). As to the first class, which 
may be called positive servitutes, the acquisition of 
the juris quasi possessio consists merely In doing 
some act which is the object of the right, and the 
doing of this act must be done for the purpose of 
exercising the right. 1 This rule applies to the jus 
itineris, actus, vis, and others, which are independ- 
ent of the possession of any other property. Such 
an act as the jus tigni immittendi, or the driving a 
beam into the wall of one's neighbour's house, is a 
right connected with ihe possession of another 
piece of property, and the possession of this right 
consists in the exercise of it. As to the second 
class, which may be called negative servitutes, the 
juris quasi possessio is acquired in consequence of 



1. 0>: S .!, *.•.:• 25) 



797 



POSSESSIO. 



POSSESSTO. 



the persan whose right is thereby limited attempt- 
ing to do some act contrary to the right of the per- 
son who claims the servitus, and meeting with 
opposition to such act, and acquiescing in the oppo- 
sition. 1 This juris quasi possessio may also be 
founded on a legal title, that is, on any juristical 
act which can give such right. 

Every possession continues so long as the corpus 
and the animus continue. If both cease, or either 
of them ceases, the possession is gone. 2 As to the 
corpus, the possession is lost when, in consequence 
of any event, the possessor cannot operate on the 
thing at his pleasure, as before. In the case of mo- 
vable things, the possession is lost when another 
person has got hold of them, either by force or se- 
cretly : in the case of immovable things, it is lost 
when a man has turned another out of the posses- 
sion ; but if, in the absence of the possessor, an- 
other occupies his land without his knowledge, he 
does not lose the possession till he attempts to ex- 
ercise ownership over the land, and is prevented by 
the person then in possession of it, or, through fear, 
does not attempt to recover his possession. The 
possession thus acquired by the new possessor is a 
violenta possessio. If the former possessor knows 
the fact, and acquiesces by doing nothing, he loses 
the possession by the animus alone. In the case 
of possession being lost by the animus alone, it may 
be effected either expressly or tacitly ; the only 
thing necessary is, that there must be an intention 
to give up the possession. The possession is lost 
corpore et animo when the possessor gives up a 
thing to another to possess as his own. In the 
case of a juris quasi possessio, as well as in that of 
possessio proper, the continuance of the possessio 
depends on the corpus and animus together. There 
can be no juris quasi possessio without the animus 
possidendi ; and if there be merely the animus pos- 
sidendi, the juris quasi possessio must cease. 

Possessio can be lost by a person who represents 
the possessor. Such person may himself acquire 
the possession by exercising the animus possidendi 
when it is accompanied with a sufficient corporeal 
act : in the case of movable things, this is furtum ; 
in the case of immovable things, it is violent dis- 
possession. The possession can be lost through 
the representative in all cases in which it would 
have been lost by the possessor if there had been 
no representation. 

In many of the systematic expositions of Roman 
law, the theory of possessio is treated as introduc- 
tory to the theory of ownership (dominium). The 
view which has been here given of it is also not 
universally acquiesced in. For instance, Gans, in 
his chapter on Possession, 3 begins with the two fol- 
lowing sections : 

<5> 103. Darslcllung der verschiedenen herschenden 
Meinungen uber den Besitz. — Der Besitz ist kein 
Mosses factum, und ensteht nicht als recht, durch den 
umweg des unrechts. 

§ 104. Der Besitz als das eigenthum nach der 
seite des bloss besonderen willens. — Anfangendes, 
prdsumtives eigpnthum. 

Savigny's view, on the contrary, is briefly this : 
" Possession is a fact (factum), so far as a mere 
factish (unjuristical) relation (detention) is the found- 
ation of it. But possession is also a right, so far 
as rights are connected: with the bare existence of 
the relation of fact. Consequently, possession is 
both fact and right." 

Also : "The only right arising from bare possession 
is a right to the interdicts" — and "the right to the 
interdicts is founded on the fact of the exercise of 



1. (Dig. 8, tit. 5, s. 6.)— 2. (Dig-. 41, tit. 2, s. 3, 46.)— 3. (Sys- 
tem des Rom. Civilrechts im Grundrisse, &c.) 
798 



ownership being obstructed wrongfully, as, for in- 
stance, by force." 

It is shown in the article Agrari^: Leges that 
the origin of the Roman doctrine of possession may 
probably be traced to the possessio of the ager 
publicus. Possessio, possessor, and possidere are 
the proper technical terms used by the Roman wri- 
ters to express the possession and the enjoyment 
of the public lands. These terms did not express 
ownership (ex jure Quiritium) : they had, in fact, no 
more relation to ownership than the possessio of 
which this article treats. Still, the notion of this 
kind of use and enjoyment was such, that one may 
easily conceive how the term possessio became ap- 
plicable to various cases in which there was no 
Quiritarian ownership, but something that had an 
analogy to it. Thus, in the case of damnum infect- 
um, with reference to the second missio in posses- 
sionem (ex secundo decreto), the praetor says "possi- 
dere jubebo," which is equivalent to giving bonita- 
rian ownership with the power of usucapion. A 
ususfructus which could only be maintained by the 
jus prastorium, was a possessio ususfructus as op- 
posed to dominium ususfructus. The expressions 
hereditatis or bonorum possessio do not mean the 
actual possession of the things, but the peculiai 
character of the praetoria hereditas : for this bono- 
rum possessio has the same relation to the hereditas 
that bonitarian has to Quiritarian ownership. ( Vid. 
Dominium, Heres.) Now there is a clear analogy 
in all these instances to the possessio of the ager 
publicus, which consists in this, that in both cases 
an actual exclusive enjoyment of a particular person 
to a particular thing is recognised. This will also 
explain how property in provincial ground came to 
be called possessio : such property was not Quiri- 
tarian ownership, but it was a right to the exclusive 
enjoyment of the land ; a right which the word pos- 
sessio sufficiently expressed. Thus the name pos- 
sessio was transferred from the right to its object, 
and ager and possessio were thus opposed : ager 
was a piece of land which was the object of Quiri- 
tarian ownership, and possessio a piece of land 
which was either accidentally an object only of bo- 
nitarian ownership, as a fundus Italicus of which 
there had been merely tradition ; or it was land that 
could not be the object of Quiritarian ownership, 
such as provincial land 1 and the old ager publicus. 

Other matters relating to possessio appear to be 
explained by this view of its historical origin. The 
interdictum recuperandae possessionis relates only 
to land, a circumstance which is consistent with 
the hypothesis of the origin of possessio. The na- 
ture of the precarium, also, is explained, when we 
know that it expressed originally the relation be- 
tween the patronus and the cliens who occupied 
the possessio of the patronus as a tenant at will, 
and could be ejected by the interdictum de preca- 
rio if he did not quit on notice. Farther, we may 
thus explain the apparent inconsistency in the case 
of a lessee of ager vectigalis, who, though he had 
only a jus in re, had yet juristical possessio : the 
ager vectigalis was in fact fashioned according to 
the analogy of the old ager publicus, and it was a 
simple process to transfer to it that notion of pos- 
sessio which had existed in the case of the age* 
publicus. (Vid. Emphyteusis.) 

This article, read in connexion with the article 
on the Agrariae Leges and the Licinian Rogations 
(vid. Rogationes Licinl^e), will give the reader an 
outline of the law of possession both in relation to 
the ager publicus and privatus. 

The preceding view of possession is from Savigny, 
Das Recht des Besitzes, fifth ed., 1827. There is 



1. (Javolemis, Dig. 50, tit. "* 






POSTLIMINIUM. 



POSTLIMINIUM. 



an analysis of this excellent work by Warnkonig, 
" Analyse du traite de la possession par M. de Sa- 
vigny, Liege, 1824 ;" and a summary view of Sa- 
vigny's Theory is given by Mackeldey, Lehrbuch, 
&c, ii., p. 7. 1 

POSSE'SSIO BONO'RUM. (Vid. BonorumPos- 

iESSIO ^ 

POSSE'SSIO CLANDESTI'NA. (Vid. Inter- 
dictum, p. 544.) 

POSTICUM. ( Vid. Janua, p. 524.) 

POSTLIMINIUM, JUS POSTLIMINY "There 
are," says Pomponius, 2 "two kinds of postliminium, 
for a man may either return himself or recover 
something." Postliminium is farther defined by 
Paulus 3 to be the " right of recovering a lost thing 
from an extraneus and of its being restored to its 
former status, which right has been established be- 
tween us (the Romans) and free people and kings 
by usage and enactments K moribus ac legibus) ; for 
what we have lost in war or even out of war, if we 
recover it, we are said to recover postliminio ; and 
this usage has been introduced by natural equity, in 
orde/ that he who was wrongfully detained by 
strangers should recover his former rights on re- 
turning into his own territories (in fines suos)." 
Again, Paulus says, " a man seems to have returned 
postliminio when he has entered our territory (in 
fines nostros intraverit), as a foundation is laid for 
a postliminium (sicuti admittitur*) ("?) when he has 
g)ne beyond our territories (ubi fines nostros execs- 
sit). But if a man has come into a state in alliance 
(socia) or friendship with Rome, or has come to a 
king in alliance or friendship with Rome, he appears 
to have forthwith returned by postliminium, be- 
cause he then first begins to be safe under the 
name of the Roman state." These extracts are 
made for the purpose of clearing up the etymology 
of this word, as to which there was a difference of 
opinion. 5 The explanation of Scaevola, as given by 
Cicero, has reference to the etymology of the word, 
post and limen : " what has been lost by us and has 
come to an enemy, and, as it were, has gone from 
its own limen, and then has afterward (post) re- 
turned to the same limen, seems to have returned 
by postliminium." According to this explanation, 
the limen was the boundary or limit within which 
the thing was under the authority of Rome and an 
object of the Roman law. A recent writer 6 sug- 
gests that postliminium must be viewed in a sense 
analogous to pomoerium. There is a fanciful expla- 
nation of the matter by Plutarch 7 in his answer to 
the question, Why are those who have been falsely 
reported to have died in a foreign land, not received 
into the house through the door in case of their re- 
turn, but let down through an opening in the roof] 
If a Roman citizen, during war, came into the pos- 
session of an enemy, he sustained a diminutio capi- 
tis maxima, and all his civil rights were in abey- 
ance. Being captured by the enemy, he became a 
slave ; but his rights over his children, if he had 
any, were not destroyed, but were said to be in 
abeyance (pendere) by virtue of the jus postliminii : 
when he returned, his children were again in his 
power ; and if he died in captivity, they became sui 
juris. Whether their condition as sui juris dated 
from the time of the captivity or of the death, was 
a disputed matter ; 9 but Ulpian, who wrote after 
Gaius, declares that in such case he must be con- 
sidered to have died when he was made captive ; 
and this is certainly the true deduction from the 

1. (Vid. also Gaius, iv., 138-170.— Inst., iv., tit. 15.— Dig. 41, 
tit. 2,3 ; 43, tit. 16-23, 26, 31.— Cod.,vii., tit. 32; viii., tit. 4, 5, 
6, 9.— Cod. Thcod., iv., tit. 22, 23.)— 2. (Dig. 49, tit. 15, s. 14.) 
—3 (Dig. 49, tit. 15, s. 19.)— 4. (The reading in Flor., Geb., 
and Spang, is "sicuti amittitur.") — 5. (Cic, Top., 8.) — 6. 
(Gotthng, Geschichte der Rom. Staatsverfassung, p. 117.)— 
/* (Quiest. Rom., 5.)— 8. (Gaius, i., 129.) 



premises. In the case of a Alius or nepos being 
made captive, the parental power was suspended 
(in suspenso). If the son returned, he obtained his 
civic rights, and the father resumed his parental 
powers, which is the case mentioned in the Di- 
gest. 1 *\s to a wife, the matter was different : the 
husband did not recover his wife jure postliminii, 
but the marriage was renewed by consent. This 
rule of law involves the doctrine, that if a husband 
was captured by the enemy, his marriage, if any 
then existed, was dissolved. If a Roman was ran- 
somed by another person, he became free, but he 
was in the nature of a pledge to the ransomer, and 
the jus postliminii had no effect till he had paid the 
ransom money. 

Sometimes, by an act of the state, a man was giv- 
en up bound to an enemy, and if the enemy would 
not receive him, it was a question whether he had 
the jus postliminii. This was the case with Sp. 
Postumius, who was given up to the Samnites, and 
with C. Hostilius Mancinus, who was given up to the 
Numantines ; but the better opinion was that they 
had no jus postliminii : 2 and Mancinus was re- 
stored to his civic rights by a lex. 3 

Cicero* uses the word postliminium in a different 
sense ; for he applies it to a man who had, by his 
own voluntary act, ceased to be a citizen of a state, 
and subsequently resumed his original civic rights 
by postliminium. 

It appears that the jus postlfminii was founded on 
the fiction of the captive having never been absent 
from home — a fiction which was of easy applica- 
tion ; for as the captive, during his absence, could not 
do any legal act, the interval of captivity was a pe- 
riod of legal non-activity, which was terminated by 
his showing himself again. 

The Romans acknowledged capture in war as the 
source of ownership in other nations, as they claimed 
it in their own case. Accordingly, things taken by 
the enemy lost their Roman owners ; but when they 
were recovered, they reverted to their original own- 
ers. This was the case with land that had been 
occupied by the enemy, and with the following 
movables, which are enumerated by Cicero as res 
postliminii : 5 " homo (that is, slaves), navis, mulus cli- 
tellarius, equus, equa qua frcena recipere solet."* 
Arms were not res postliminii, for it was a maxim 
that they could not be honourably lost. 

The recovery above referred to seems to mean 
the recovery by the Roman state or by the original 
owner. If an individual recaptured from an enemy 
what had belonged to a Roman citizen, it would be 
consistent that we should suppose that the thing 
recaptured was made his own by the act of cap- 
ture ; but if it was a res postliminii, this might not 
be the case. If a thing, as a slave, was ransomed 
by a person not the owner, the owner could not 
have it till he had paid the ransom : but it does not 
appear to be stated how the matter was settled if 
a Roman citizen recaptured property (of the class 
res postliminii) that had belonged to another Roman 
citizen. But this apparent difficulty may perhaps 
be solved thus : in time of war, no Roman citizen 
could individually be considered as acting on his 
own behalf under any circumstances, and, therefore, 
whatever he did was the act of the state. It is a re- 
mark of Labeo, 7 " Si quid bello captum est, in prczda 
est, non postliminio redd;" and Pomponius 8 states, 
that if the enemy is expelled from Roman lands, the 
lands return to their former owners, being neither 
considered public land nor praeda ; in making which 
remark he evidently assumes the general doctrine 

1. (49, tit. 15, s. 14.)— 2. (Cic, De Or., i., 40 —Id., De Off., 
iii., 30.— Id., Top., 8.— Id., Pro Ciecina, c. 34.— Dig. 49, tit. 15, 
s. 4 ; 50, tit. 7, s. 17.)— 3. (Dig. 50, tit. 7, s. 17.)— 4. (Pro Balbo, 
c. 12.) — 5. (Top., 8.) — 6. (Compare Festus, s. v. Postliminium.) 
—7. (Di? 49, tit. 15, s. 28.)— 8. (Dig. 49, tit. 15, s. 20.) 

799 



POTHUS. 



PKJECONES. 



laid down by Labeo. Paulus also, in his remark on 
Labeo's rule of law, merely mentions an exception 
to the rule, which was of a peculiar kind. If, then, 
anything taken in war was booty (prceda), to what 
did the jus postliminii apply] It applied, at least, 
to all that was restored by treaty or was included in 
the terms of surrender, and slaves, no doubt, were 
a very important part of all such things as were 
captured or lost in time of war ; and they were 
things that could be easily identified and restored 
to their owners. It also applied to a slave who 
escaped from the enemy and returned to his mas- 
ter. The maxim " qua. res hostiles apud nos sunt, 
occupantium fiunt" 1 has no reference to capture 
from the enemy, as it sometimes seems to be sup- 
posed. 2 

It may be objected, that the explanation of one 
difficulty that has been already suggested raises 
another. According to this explanation, if a man 
in time of war recaptured his own slave, it would 
be praeda, and he would not at once recover the 
ownership, as above supposed. The answer is, that 
it may be so, and that this matter of postliminium, 
particularly as regards things, waits for a careful in- 
vestigation. As a general rule, all movables be- 
longing to an enemy which were captured by a Ro- 
man army were praeda, apparently not the property 
of the individual soldier who happened to lay his 
hands on them, but the property of the state, or, at 
least, of the army. Now the difficulty is to ascer- 
tain whether all movables so taken were praeda, ex- 
cept res postliminii, or whether all things so taken 
were praeda, res postliminii included. In the for- 
mer case, the res postliminii would be the property 
of the owner when he could prove them to have 
been his : in the latter, when a thing had become 
praeda, it had lost its capacity (if we may so speak) 
of being a res postliminii. The distinction here 
made is a fundamental one. The difficulty partly 
arises from the expression of Labeo above quoted, 
Si quid, &c., where the Flo/entine reading has been 
followed. But Bynkershoek 3 amends the reading 
into Si quod, &c., the propriety of which may be 
doubted. 

If a man made a will before he was taken cap- 
tive, and afterward returned, the will was good jure 
postliminii. If he died in captivity, the will was 
good by the lex Cornelia. The law of postlimini- 
um applied to time of peace as well as war, when 
the circumstances were such that the person or the 
thing could become the property of another nation,* 
as, for instance, of a nation that had neither an 
amicitia, hospitium, nor a foedus with Rome ; for 
such might be the relation of a nation to Rome, and 
yet it might not be hostis. A nation was not hos- 
tis, in the later acceptation of that term, till the Ro- 
mans had declared war against it, or the nation had 
declared war against Rome. Robbers and pirates 
were not hostes, and a person who was captured by 
them did not become a slave, and therefore had no 
need of the jus postliminii. 

PO'STUMUS. (Vid. Hep.es, Roman.) 

*POTAMOGEITON (Kora/xoyeiruv), the Pota- 
mogeton natans, or Floating Pondweed. 5 

*POTE'RION {norripiov), a species of plant. 
Pena and Lobelius held it to be the Poteriicm spino- 
sum, L., but Sprengel is inclined to think, with Mat- 
thiolus and Clusius, that it is the Astragalus Pote- 
rium, Pall., being a species of Tragacanth, accord- 
ing to Linnaeus. 6 

POTESTAS. (Vid. Patria Potestas.) 

*POTHUS (irbdoe), " a species of plant, which 
Sprengel, in the first edition of his R. H. H., sets 

1. (Dig. 40, tit. 1, s. 51.)— 2. (Muhlenbmrh, Doctr. Pand., p. 
242.)— 3. (Op. Omn., i., p. 76.)— 4. (Dig. 49, tit. 15, s. 5.)— 5. 
(Dioscor., iv , 99.) — 6. (Dioscor., iii., 15. — Adams, Append., s. v ) 
800 



down for the Lychnis Chalccdonica, and in the sec- 
ond for the Amaryllis lutea, but upon a doubtful 
reading according to Schneider. Bauhin, however, 
is pretty decided in favour of the Lychnis Chalce- 
donica. ,n 

PRAC'TORES (irpdKTopec), subordinate officers 
(bvofia vTcnpeoiac, says Pollux 2 ) who collected the 
fines and penalties (kmfto/iac and TLpvqfiara) imposed 
by magistrates and courts of justice, and payable to 
the state. The magistrate who imposed the fine, 
or the Tjye/biuv diKaarnpiov, gave notice thereof in 
writing to the TcpdnTopeg. He was then said km 
ypatysiv to Ti/in/Lta role irpdnTopoiv, and the debtor's 
name rrapadoBfjvaL role 7rpanTopaiv. If the fine of 
any part thereof was to go to a temple, the like no- 
tice was sent to the rafiiai of the god or goddess to 
whom the temple belonged. 5 The name of the 
debtor, with the sum which he was condemned to 
pay, was entered by the npanTopec in a tablet in 
the Acropolis. Hence the debtor was said to be 
kyyeypafj.fj.evbc rC) 6nfj.oai(f), or kv t?) aKponbXei. It 
was the business of the irpanropee to demand pay 
ment of this sum, and, if they received it, to pay it 
over to the cnrodiKTat, and also to erase the name 
of the debtor in the register (ctjaXeipeLv or a7ra/\ei- 
(j>eiv). Such erasure usually took place in the pres- 
ence of some members of the senate. An evdeitjtc. 
lay against any man who made or caused to be 
made a fraudulent entry or erasure of a debt.* The 
collectors took no steps to enforce payment ; but, 
after the expiration of the ninth npvraveia from the 
registering of the debt (or, in case of a penalty im- 
posed on a ypa<j>rj i)6peoc, after the expiration of 
eleven days), if it still remained unpaid, it wag 
doubled, and an entry made accordingly. 5 There- 
upon immediate measures might be taken for seiz- 
ure and confiscation of the debtor's goods ; but here 
the npaKTopec had no farther duty to perform, ex- 
cept, perhaps, to give information of the default to 

PR^ECFNCTIO. (Vid. Amphitheatrum, p. 53.) 
*PRiECO'CIA (npaiKOKLa), called pepino/cica in 
the Geoponica, the same as the fiffka 'Ap/xeviaKa, be- 
ing a variety of the Apricot, or Prunus Armeniaca? 
PR^ECO'NES, Criers, were employed for various 
purposes: 1. In sales by auction, they frequently 
advertised the time, place, and conditions of sale : 
they seem also to have acted the part of the mod- 
ern auctioneer, so far as calling out the biddings 
and amusing the company, though the property was 
knocked down by the magister auctionis. 8 (Vid. 
Auctio.) 2. In all public assemblies they ordered 
silence. 9 3. In the comitia they called the centu- 
ries one by one to give their votes, pronounced the 
vote of each century, and called out the names of 
those who were elected. 10 They also recited the 
laws that were to be passed. 4. In trials, they 
summoned the accuser and the accused, the plain- 
tiff and defendant. 11 5. In the public games, they 
invited the people to attend, and proclaimed the 
victors. 18 6. In solemn funerals they also invited 
people to attend by a certain form; hence these 
funerals were called funera indictiva. 13 7. When 
things were lost, they cried them and searched for 

1. (Theophrast., H. P., vi., 8.— Bauhin, Pinax, 381.— Eustath. 
adHom., Od.,xi.,201.— Adams, Append., s. v.)— 2. (Onom., \iiU 
114.)— 3. (JEsch., c. Timarch, 5. — Andoc, De Myst., 11, ed. 
Steph.— Demosth., c. Theocr., 1328.)— 4. (Harpoc. and Suidas, 
s. v. 'Aypocpiov, airoSeKTai, xptvhtyypa^ri-— Andoc, De Myst., 
11, ed. Steph. —Demosth., c. Aristog., 778. — Id., c Theocr., 
1338.) — 5. (iEsch., c. Timarch., 3, ed. Steph. —Demosth., c. 
Pant., 973. —Id., c. Theocr., 1322. —Id., c. Nearr., 1347.) — 6. 
(Bockh, Staatsh. der Ath., i., 167, 171, 418, 421.)— 7. (Dioscor., 
i., 165.— Geopon., x., 73.— Hardouin ad Plin., H. N., xv., 31.— 
Adams, Append., s. v.)— 8. (Hor., Ep. ad Pis., 419.— Cic. ad Att., 
xii., 40.- Id., De Olf., ii., 23.) — 9. (Liv., iii., 47. — Plaut., 
Poen.,prol. 11.)— JO. (Cic. inVerr., II., v., 15— Id., Pd Mil., 35.) 
—11. (Suet., Tib. 11.)— 12. (Cic. ad Fun., v., 12.)- -13. (Ff« 
tus, s. v. Quirites. -Suet., Jul., 84.) 



flUSDIUM. 



PR^DIDM 



their*. 1 8. In the infliction of capital punishment, 
they sometimes conveyed the commands of the ma- 
gistrates to the lictors. 2 

Their office, called prceconium, appears to have 
been regarded as rather disreputable : in the time 
of Cicero, a law was passed preventing all persons 
who had been praecones from becoming decuriones 
in the municipia. 3 Under the early emperors, how- 
ever, it became very profitable, 4 which was, no doubt, 
partly owing to fees to which they were entitled in 
the courts of justice and on other occasions, and 
partly to the bribes which they received from the 
suitors, &c. 

PRCECONIUM (Vid. Piuecones.) 

PR^EDA. (Vid. Postliminium.) 

PRiEDIATOR. (Vid. Pr.es.) 

PR^EDIATO'RIUM JUS. (Vid. Piues.) 

PRyE'DIUM. This word originally signified, ac- 
cording to Varro, 5 any property which was made a 
security to the state by a praes : " Pradia dicta, 
item ut praedes, a prcestando, quod ea pignori data pub- 
lice mancupis fidem prcestcnt." Subsequently the 
word was limited to signify land generally. In this 
sense praedia were divided into rustica and urbana, 
of which the following definition has been given : 
Rustica are those on which there are no aedes or 
vvhich are in the country (in agro), and urbana are 
those which are in the city, and comprise buildings. 
Those incorporeal things which consisted not in the 
ownership of praedia, but in certain rights with re- 
spect to them, were called jura praediorum. As to 
a difference in the mode of transferring such jura 
in the case of praedia rustica and urbana, see Ga- 
ius.' A praedium which was liable to a servitus was 
said " servire," and was " a praedium serviens." 

Provincialia praedia were either stipendiaria or 
tributaria : the former were in those provinces which 
^vere considered to belong to the populus Romanus, 
and the latter in those provinces which were con- 
sidered to belong to the Caesar. 7 

Under the word Colonus a reference was made 
to praedium for an explanation of the term coloni of 
the later imperial period. 

These coloni were designated by the various 
names of coloni, rustici, originarii, adscriptitii, in- 
quilini, tributarii, censiti. A person might become 
a colonus by birth, with reference to which the term 
originarius was used. When both the parents were 
coloni and belonged to the same master, the chil- 
dren were coloni. If the father was a colonus and 
the mother a slave, or conversely, the children fol- 
lowed the condition of the mother. If the father 
was free and the mother a colona, the children 
were coloni, and belonged to the master of the 
mother. If the father was a colonus and the moth- 
er free, the children before the time of Justinian fol- 
lowed the condition of the father ; afterward Jus- 
tinian declared such children to be free, but finally 
he reduced them to the condition of coloni. If both 
parents were coloni and belonged to different mas- 
ters, it was finally settled that the masters should 
divide the children between them, and if there was 
an odd one, it should go to the owner of the mother. 
If a man lived for thirty years as a colonus, he be- 
came the colonus of the owner of the land on which 
he lived ; and, though he was still free, he could 
not leave the land : and a man who had possessed 
for thirty years a colonus belonging to another, 
could defend himself against the claim of the former 
owner by the praescriptio triginta annorum. A con- 
stitution of Valentinian III. declared how free per- 
sons might become coloni by agreement, and, though 



1 fPlaut., Merc, iii., 4, 78.— Perron., 57.)— 2. (Liv., xxvi., 15.) 
— 3. (Cic. ad Fam., vi., 18.)— 4. (Juv., iii., 157. — Id., vii., 6. 
—Mart., v., 56, 11.— Id., vi., 8, 5.)— 5. (L. L., v.,40, ed. Muller.) 
-f . (ii., 29.)-7. (Gaius, ii., 21.) 



there is neither this nor any simiJar regulation in 
the Code of Justinian, there is a passage which ap- 
parently recognises that persons might become co- 
loni by such agreement. 1 

The coloni were not slaves, though their condi- 
tion in certain respects was assimilated to that of 
slaves, a circumstance which will explain their be- 
ing called servi terrae, and sometimes being con- 
trasted with liberi. They had, however, connubium, 
which alone is a characteristic that distinguishes 
them clearly from slaves. 2 But, like slaves, they 
were liable to corporeal punishment, and they had 
no right of action against their master, whose rela- 
tion to them was expressed by the term patronus.' 
The colonus was attached to the soil, and he could 
not be permanently separated from it by his own 
act, or by that of his patronus, or by the consent of 
the two. The patronus could sell the estate with 
the coloni, but neither of them without the other. 4 
He could, however, transfer superabundant coloni 
from one to another of his own estates. When an 
estate held in common was divided, married persons 
and relatives were not to be separated. The ground 
of there being no legal power of separating the co- 
loni and the estate was the opinion that such an ar- 
rangement was favourable to agriculture, and there 
were also financial reasons for this rule of law, as 
will presently appear. The only case in which the 
colonus could be separated from the land was that 
of his becoming a soldier, which must be considered 
to be done with the patron's consent, as the burden 
of recruiting the army was imposed on him, and in 
this instance the state dispensed with a general rule 
foi reasons of public convenience. 

The colonus paid a certain yearly rent for the land 
on which he lived : the amount was fixed by cus- 
tom, and could not be raised ; but, as the land-own- 
er might attempt to raise it, the colonus had in such 
case for his protection a right of action against him, 
which was an exception to the general rule above 
stated. 5 There were, however, cases in which the 
rent was a money payment, either by agreement or 
by custom. 

A farther analogy between the condition of servi 
and coloni appears from the fact of the property of 
coloni being called their peculium. It is, however, 
distinctly stated that they could hold property ; 6 and 
the expressions which declare that they could have 
nothing " propria," 7 seem merely to declare that it 
was not propria in the sense of their having power 
to alienate it, at least without the consent of their 
patroni. It appears that a colonus could make a 
will, and that, if he made none, his property went 
to his next of kin : for if a bishop, presbyter, deacon, 
&c, died intestate and without kin, his property 
went to the church or convent to which he belong- 
ed, except such as he had as a colonus, which went 
to his patronus, who, with respect to the ownership 
of the land, is called dominus possessionis. 8 Some 
classes of coloni had a power of alienating their prop- 
erty. 9 

The land-tax due in respect of the land occupied 
by the colonus was paid by the dominus ; but the 
coloni were liable to the payment of the poll-tax, 
though it was paid in the first instance by the domi- 
nus, who recovered it from the colonus. The lia- 
bility of the colonus to a poll-tax explains why this 
class of persons was so important to the state, and 
why their condition could not be changed without 
the consent of the state. It was only when the co- 
lonus had lived as a free man for thirty years that 

1. (Cod., xi., tit. 47, s. 22.)— 2. (Cod., xi M tit. 47, s. 24.) -J 
(Cod. Theod., v., tit. 11.)— 4. (Cod., xi., tit. 47, s. 2, 7.)— 5 
(Cod., xi., tit. 47, s. 5.)— 6. (Cod. Theod., v., tit. 11.)— 7. (Cod., 
xi., tit 49, s. 2.) — 8. (Cod. The^d., v , tit. 3 ) - 9. (Cod., jri-, 
tit. 47, s. 23.) 

801 



PRAFEUTDS ANNONiE. 



PRAEFECTUS PR^ETORIO. 



be could maintain his freedom by a praescriptio, but 
Justinian abolished this prasscriptio, and thus em- 
powered the dominus to assert his right after any 
lapse of time. 1 With respect to their liability to the 
poll-tax, the coloni were called tributarily censiti or 
censibus obnoxii, adscriptitii, adscriptiticz conditionis, 
and censibus adscripti. This term adscriptio appears 
to have no reference to their being attached to the 
'and, but it refers to their liability to the poll-tax as 
being rated in the tax-books ; and, accordingly, we 
rind that the Greek term for adscriptitius is 'Evano- 
ypaipoc. 

As the coloni were not servi, and as the class of 
Latini and peregrini hardly existed in the later ages 
of the Empire, we must consider the coloni to have 
had the civitas, such as it then was ; and it is a 
consequence of this that they had connubium gen- 
erally. A constitution of Justinian, however, 2 de- 
clared the marriage of a colonus who belonged to 
another person and a free woman to be void. The 
constitution does not seem to mean anything else 
than that in this case the emperor took away the 
connubium, whether for the reasons stated by Savig- 
ny, or for other reasons, is immaterial. This spe- 
cial exception, however, proves the general rule as 
to connubium. 

The origin of these coloni seems absolutely uncer- 
tain. They appear to be referred to in one passage 
of the Pandect 3 under the name of inquilinus, a 
term which certainly was sometimes applied to the 
whole class of coloni. The passage just referred to 
states that, if a man bequeaths as a legacy the in- 
quilini without the praedia to which they adhere 
(sine prcediis quibus adharent), it is a void legacy. 
Savigny conceives that this passage may be ex- 
plained without considering it to refer to the coloni 
of whom we are speaking ; but the explanation that 
he suggests seems a very forced one, and the same 
remark applies to his explanation of another passage 
in the Digest. 4 The condition of the old clients 
seems to bear some relation to that of the coloni, but 
all historical traces of one class growing out of the 
other are entirely wanting ; and, indeed, all evi- 
dence of the real origin of the coloni seems to fail 
altogether. 

Savigny observes that he does not perceive any 
historical connexion between the villeins (villani) 
of modern Europe and the coloni, though there is a 
strong resemblance between their respective condi- 
tions. There were, however, many important dis- 
tinctions ; for instance, the villein services due to 
the lord had nothing corresponding to them in the 
case of the coloni, so far as we know. Littleton's 
Tenures, section 172, &c, and Bracton, 5 may be 
consulted as to the incidents of villeinage. 

This view of the condition of the coloni is from 
Savigny's Essay on the subject, which is translated 
in the Philological Museum, vol. ii. 

PRaEFECTUS. (Vid. Army, Roman, p. 102.) 

PR.EFECTUS JERA'RII. (Vid. ^Erarium.) 

PRaEFECTUS ANNO'N^E, the praefect of the 
provisions, especially of the corn-market, was not a 
regular magistrate under the Republic, but was only 
appointed in cases of extraordinary scarcity, when 
he seems to have regulated the prices at which corn 
was to be sold. 6 The superintendence of the corn- 
market throughout the whole Republic was at a la- 
ter period intrusted to Pompey for a period of five 
years ; 7 and, in accordance with this example, Au- 
gustus took the same superintendence upon himself, 
and commanded that two persons, who had been 
praetors five years before, should bi appointed every 



1. (Cod., xi., tit. 47, s. 23.) — 2. (Nov., 22, c. 17.) — 3. (Dig. 
^0, s. 112.)— 4. (50, tit. 15, s. 4.)— 5. (fol. 6, 24.)— 6. (Liv., iv., 
~*2. — Niebuhr, Hist, of Rome, ii., p. 418.) — 7. (Dion Cass.,xxxix., 

— Cic. ad Att., iv., 1.— Liv!, Epit., 104.) 
809 



year for the distribution of the corn 1 (curam f rumen 
ti populo dividundi 2 ). Subsequently Augustus as 
signed this duty to two persons of consular rank ;- 
but he also created an officer, under the title of Pra 
fectus Annonae, who must be distinguished from th* 
above-mentioned officers. This office was a per- 
manent one, and appears to have been only held b) 
one person at a time : he had jurisdiction over al 
matters appertaining to the corn-market, and, like 
the Prcefectus Vigilum, was chosen from the equites ; 
and was not reckoned among the ordinary magis 
trates. 4 The praefectus annonae continued to exisf 
till the latest times of the Empire : respecting his 
duties in later times, see Walter, Gesck. des Rom. 
Recht.*, p. 373, 374. 

PRAEFECTUS AQUA'RUM. (Vid. Aqvje Due 
tits, p. 75.) 

PR.EFECTUS C ASTRO'RUM, praefect of the 
camp, is first mentioned in the reign of Augustus 
There was one to each legion. 5 We learn from Ve- 
getius 6 that it was his duty to attend to all matters 
connected with the making of a camp, such as the 
vallum, fossa, &c, and also to the internal economy 
of it. 

PR .EFECTUS CLASSIS, the commander of a 
fleet. This title was frequently given in the times 
of the Republic to the commander of a fleet ; 7 but 
Augustus appointed two permanent officers with 
this title, one of whom was stationed at Ravenna 
on the Hadriatic, and the other at Misenum on the 
Tuscan Sea, each having the command of a fleet. 8 

PRiEFECTUS FABRUM. (Vid. Fabri.) 

PRAEFECTUS JURI DICUNDO. (Vid. Colo- 
nia, p. 282.) 

PRAEFECTUS PRaETOHIO was the command- 
er of the troops who guarded the emperor's person. 
(Vid. Praetoriani.) This office was instituted by 
Augustus, and was at first only military, and had 
comparatively small power attached to it ; 9 but un- 
der Tiberius, who made Sejanus commander of the 
praetorian troops, it became of much greater impor- 
tance, till at length the power of these praefects be- 
came only second to that of the emperors. 10 The 
relation of the praefectus praetorio to the emperor is 
compared to that of the magister equitum to the 
dictator under the Republic. 11 From the reign of 
Severus to that of Diocletian, the praefects, like the 
viziers of the East, had the superintendence of all 
departments of the state, the palace, the army, the 
finances, and the law ; they also had a court in 
which they decided cases. 12 The office of praefect 
of the praetorium was not confined to military offi- 
cers ; it was filled by Ulpian and Papinian, and oth- 
er distinguished jurists. 

Originally there were two praefects ; afterward 
sometimes one and sometimes two ; from the time 
of Commodus, sometimes three, 15 and even four. 
They were, as a regular rule, chosen only from the 
equites ; 14 but, from the time of Alexander Severus, 
the dignity of senator was always joined with their 
office. 15 

Under Constantine the praefects were deprived 
of all military command, and changed into govern- 
ors of provinces. He appointed four such praefects : 
the one who commonly attended on the imperial 
court had the command of Thrace, the whole of the 
East, and Egypt ; the second had the command of 
Illyricum, Macedonia, and Greece, and usually res : 

1. (Dion Cass., liv., 1.) — 2. (Suet., Octav., 37.) — 3. (Dion 
Cass., Iv., 26, 31.)— 4. (Dion Cass., lii., 24.— Dig. 1, tit. 2, s. 3 
t> 33; 14, tit. l,s.l,U8; tit. 5 s.8 ; 48, tit. 2, s. 13.)— 5. (Veil 
Paterc, ii., 119.— Tac., Ann., i., 20 , xiv , 37.)— 6. (ii., 10.)— 7 
(Liv., xxvi., 48 ; xxxvi., 42.)— 8. (Suet., Octav., 49.— Veg., it., 
32.— Tac, Hist., iii., 12.)— 9. (Dion Cass., lii., 24 ; lv., 10.— Suet , 
Octav., 49.)— 10. (Tac, Ann., iv., 1 , 2.— Aurel. Vict., De Ca>,s., 9 ) 
—11. (Dig. 1, tit. 11.)— 12 (Dig. 12, tit 1, s. 40.)— 13. (Lamp., 
Commod., 6.)— 14. (Dion Cass., lii., 24.— Suet., Tit., 6.— I.ao.p . 
Commod., 4.) — 15. (Lamprid., Alex. Sev., 21.) 



PRAEFECTUS URBI 



PR^FECTUS URBI. 



ded first at Sirmium, afterward at Thessalonica ; 
the third, of Italy and Africa ; the fourth, who resi- 
ded at Treves, of Gaul, Spain, and Britain. 1 These 
prefects were the proper representatives of the em- 
peror, and their power extended over all depart- 
ments of the state : the army alone was not subject 
to their jurisdiction. 2 

PR^EFECTUS VI'GILUM, the commander of 
the city guards. To protect the state against fires 
at night, robbery, housebreaking, &c, Augustus 
.formed seven cohorts of watch-soldiers (vigiles), 
originally consisting of freedmen, but afterward of 
others, one for each of the two regiones into which 
the city was divided ; each cohort was commanded 
by a tribune, and the whole were under a praefectus 
vigilum, who had jurisdiction in all ordinary cases 
of incendiaries, thieves, &c. ; but, if anything extra- 
ordinary occurred, it was his duty to report it to the 
praefectus urbi. This praefect was chosen from the 
equites, and was not reckoned among the ordinary 
magistrates. 3 We read of the praefectus vigilum 
under the reigns of Theodosius and Arcadius, at 
which time lie had to refer all capital crimes to the 
praefect of the city.* 

PRAEFECTUS URBI, praefect or warden of the 
city, was originally called custos urbis.* The name 
prcefcctus urbi does not seem to have been used till 
after the time of the decemvirs. The dignity of 
custos urbis, being combined with that of princeps 
senatus, was conferred by the king, as he had to 
appoint one of the decern primi as princeps senatus. 6 
The functions of the custos urbis, however, were 
not exercised except in the absence of the king 
from Rome, and then he acted as the representative 
of the king : he convoked the senate, held the comi- 
tia, if necessary, and on any emergency might take 
such measures as he thought proper ; in short, he 
had the imperium in the city. 7 Romulus is said to 
have conferred this dignity upon Denter Romulius, 
Tullus Hostilius upon Numa Martius, and Tarquin- 
ius Superbus upon Sp. Lucretius. During the king- 
ly period, the office of warden of the city was prob- 
ably for life. Under the Republic, the office and its 
name of custos urbis remained unaltered ; but in 
487 B.C. it was elevated into a magistracy, to be 
bestowed by election. 9 The custos urbis was in 
all probability elected by the curiae, instead of whom 
Dionysius 9 mentions the senate. Persons of con- 
sular rank were alone eligible ; and, down to the 
time of the decemvirate, every praefect that is men- 
tioned occurs previously as consul. The only ex- 
ception is P. Lucretius in Livy, 10 whose name, how- 
ever, is probably wrong. 11 In the early period of the 
Republic, the warden exercised within the city all 
the powers of the consuls if they were absent : he 
convoked the senate, 12 held the comitia, 13 and in 
times of war even levied civic legions, which were 
commanded by him. 

When the office of praetor urbanus was instituted, 
the wardenship of the city was swallowed up in it ; 14 
but, as the Romans were at all times averse to 
dropping altogether any of their old institutions, a 
praefectus urbi, though a mere shadow of the former 
office, was henceforth appointed every year, only 
for the time that the consuls were absent from 
Rome for the purpose of celebrating the feriae Lat- 
inae. This praefectus had neither the power of con- 
voking the senate nor the right of speaking in it, as 
in most cases he was a person below the senatorial 

1. (Zosimus, ii., 33.) — 2. (Walter, Gesch. des Rom. Rechts, p. 
294, 361.— Gibbon, Decline and Fall, c. 17.)— 3. (Suet., Octav., 
25, 30.— Appian, De Bell. Civ., v., 132.— Dion Cass., lii., 24, 33 ; 
lv., 26.— Dig. 1, tit. 2, s. 2, ^ 33 ; 1, tit. 15.)— 4. (Cod., i., tit. 48.) 
—5. (Lydus, De Magistr., i., 34, 38.)— 6. (Liv., i., 59, 60.— Dio- 
nvs., ii., 12.)— 7. (Tacit., Ann., vi., 11.— Liv., i., 59.)— 8. (Lyu l us, 
De Magistr., i., 38.)— 9. (viii., 64.)— 10. (<iii., 24.)— 11. (Niebuhr, 
n., p. 120, note 255.)— 12. (Liv., iii., 9.— Gell., xiv., 7, $ 4.)— 13. 
fLiv., iii. 21.)— 14. (Lydus, De Mens., 19.— De Magistr., ii., 6.) 



age, and was not appointed by the people, but by the 
consuls. 1 When Varro, in the passage of Gellius 
here referred to, claims for the praefectus urbi the 
right of convoking the senate, he is probably speak- 
ing of the power of the praefect such as it was pre- 
viously to the institution of the office of praetor ur- 
banus. Of how little importance the office of prae- 
fect of the city had gradually become, may be infer- 
red from the facts that it was always given to young 
men of illustrious families, 3 and that J. Caesar even 
appointed to it several youths of equestrian rank 
under age. 3 During the Empire such praefects of 
the city continued to be appointed so long as the 
feriae Latinae were celebrated, and were even in 
vested with some kind of jurisdiction.* On some 
occasions, however, no praefectus urbi was appoint- 
ed at all, and then his duties were performed by the 
praetor urbanus. 5 

An office very different from this, though bearing 
the same name, was instituted by Augustus on the 
suggestion of Maecenas. 6 This new praefectus urbi 
was a regular and permanent magistrate, whom Au- 
gustus invested with all the powers necessary to 
maintain peace and order in the ci*y. He had the 
superintendence of butchers, bankers, guardians, 
theatres, &c. ; and, to enable him to exercise his 
power, he had distributed throughout the city a 
number of milites stationarii, whom we may com- 
pare to a modern police. He also had jurisdiction 
in cases between slaves and their masters, between 
patrons and their freedmen, and over sons who had 
violated the pietas towards their parents. 7 His ju- 
risdiction, however, became gradually extended ; 
and, as the powers of the ancient republican prae- 
fectus urbi had been swallowed up by the office of 
the praetor urbanus, so now the power of the praetor 
urbanus was gradually absorbed by that of the pre- 
fectus urbi ; and at last there was no appeal from 
his sentence except to the person of the princeps 
himself, while anybody might appeal from a sen- 
tence of any other city magistrate, and, at a later 
period, even from that of a governor of a province, 
to the tribunal of the praefectus urbi. 8 His jurisdic- 
tion in criminal matters was at first connected with 
the quaestiones ; 9 but from the third century he ex- 
ercised it alone, and not only in the city of Rome, 
but at a distance of one hundred miles from it, and 
he might sentence a person to deportatio in insu- 
lam. 10 During the first period of the Empire and 
under good emperors, the office was generally held 
for a number of years, and in many cases for life ; n 
but from the time of Valerian a new praefect of the 
city occurs almost every year. 

At the time when Constantinople was made the 
second capital of the Empire, this city also received 
its praefectus urbi. The praefects at this time were 
the direct representatives of the emperors, and all 
the other officers of the administration of the city, 
all corporations, and all public institutions, were un- 
der their control. 13 They also exercised a superin- 
tendence over the importation and the prices of pro- 
visions, though these subjects were under the more 
immediate regulation of other officers. 13 The prae- 
fects of the city had every month to make a report 
to the emperor of the transactions of the senate, 14 
where they gave their vote before the consulares. 

I. (Gell., xiv., 8.)— 2. (Tacit., Ann., iv., 36.)— 3. (Dion Cass., 
xlix., 42 ; xliii., 29, 48.) — 4. (Tacit., Ann., vi., 11.— Suet., Nero, 
7. — Claud., 4. — Dion Cass., liv., 17 — J. Capitol., Anton. Phil., 
4.) — 5. (Dion Cass., xli., 14 ; xlix., 16.) — 6. (Dion Cass., lii., 21. 
—Tacit., I. c— Suet., Octav., 37.)— 7. (Dig. 1, tit. 12, s. 1, $ 5 
14 ; 37, tit. 15, s. 1, $ 2.) — 8. (Vopisc., Florian., 5, 6. — Suet., 
Octav., 33. — Dion Cass., lii., 21, 33.— Dig. 4, tit. 4, s. 38.)— 9 
(Tacit., Ann., xiv., 41, with the note of Lipsius.)— 10. (Dig. 1, 
tit. 12, s. l,t> 3 and 4.)— 11. (Dion Cass., In'., 21,24 ; lxxviii., 14 
— J. Capitol., Anton. Pius, 8. — Lamprid., Commod., 14. — Vopisc. 
Carin., 16.)— 12. (Cod., i., tit. 28, s. 4.— Symmach., Epist., x., 3" 
43.— Cassiod., Variar.,vi.,4.)— 13. (Cod., i., tit. 28, s. 1 — Ore«_. 
Inscr., n. 3116.)— 14. (Symmach., Epist., x , 44.) 

803 



PROPOSITUS 



PRiESCRIPTIO. 



They were the medium through which the emper- 
ors received the petitions and presents from their 
capital. 1 At the election of a pope, the praefect of 
Rome had the care of all the external regulations. 2 
PR^EFECTU'RA. (Vid. Colonia, p. 282, 283.) 
PR^E'FIC^E. (Vid. Funus, p. 459.) 
PR^EFU'RNIUM. (Vid. Baths, p. 151.) 
PR^EJUDFCIUM. This word, as appears from 
its etymology, has a certain relation to judicium, to 
which it is opposed by Cicero, 3 " de quo non prceju- 
dicium, sed plane jam judicium factum.'" The com- 
mentator, who goes under the name of Asconius, 
observes on this passage, that a praejudicium is 
something which, when established, becomes an ex- 
emplum for the judices (judicaturi) to follow ; but 
this leaves us in doubt whether he means something 
established in the same cause by way of prelimina- 
ry inquiry, or something established in a different, 
but a like cause, which would be what we call a 
precedent. Quintilian 4 states that it is used both in 
the sense of a precedent, in which case it is rather 
exemplum than prcejudicium (res ex paribus causis 
judicata), and also in the sense of a preliminary 
inquiry and determination about something which 
belongs to the matter in dispute (judiciis ad ipsam 
causam pertinentibus), whence also comes the name 
praejudicium. This latter sense is in conformity 
with the meaning of praejudiciales actiones or prae- 
judicia, in which there is an intentio only, and no- 
thing else. 5 (Vid. Actio.) These, accordingly, were 
called praejudiciales actiones, which had for their 
object the determination of some matter which was 
not accompanied by a condemnatio. For instance, 
the question might be whether a man is a father 
or not, or whether he has a potestas over his child : 
these were the subject of praejudiciales actiones. If 
a father denied that the child who was born of his 
wife, or with which she was then pregnant, was his 
child, this was the subject of a " prcejudicium cum 
patre de partu agnoscendo." If a judex should have 
declared that the child must be maintained by the 
reputed father, there must still be the praejudicium 
to ascertain whether the r#puted father is the true 
father. If it was doubtful whether the mother was 
his wife, there must be a praejudicium on this mat- 
ter before the praejudicium de partu agnoscendo. 
These prasjudical actions, then, were, as it appears, 
actions respecting status, and they were either civiles 
or praetoriae. It was a civilis actio when the question 
was as to libertas ; the rest seem to have been prae- 
toriae actiones. Quintilian makes a third class of prae- 
judicia, "cum de eadem causa pronuntiatum est," &c. 
Sometimes praejudicium means inconvenience, 
damage, injury, which sense appears to arise from 
the notion of a thing being prejudged, or decided 
without being fairly heard ; and this sense of the 
word seems to be very nearly the same in which it 
occurs in our law in the phrase " without prejudice 
to other matters in the cause." 6 

PRiELU'SIO. (Vid. Gladiatores, p. 476.) 
PR^ENO'MEN. (Vid. Nomen, Roman.) 
PR^EPO'SITUS, which means a person placed 
over, was given as a title in the later times of the 
Roman Empire to many officers : of these, the most 
important was the propositus sacri cubiculi, or chief 
chamberlain in the emperor's palace. 7 Under him 
was the primicerius, together with the cubicularii 
and the corps of silentarii, commanded by three 
decuriones, who preserved silence in the interior of 
the palace. 9 

1. (Symnr.ach., Epist., x., 26, 29, 35.— Cod., xii., tit. 49.)— 2. 
(Symmach., Epist., x., 71-83.) — 3. (Divinat., 4.) — 4. (Inst. 
Orat., v., 1, 2.)— 5. (Gaius, iv., 44.)— 6. (Gaius, hi., 123; iv.,44. 
—Dig. 25, lit. 3.— Dig. 22, tit. 3, s. 8. —Inst., iv., tit. 6, s. 13 — 
Theophilus, Parapnr. ad Inst., iv., tit. 6, s. 13.) — 7. (Cod., xii., 
tit. 5.— Cod:. Theod., vi., tit. 8.)— 8. (Cod., xii., tit. 16.— Walter, 
Gesch. des Rom. Rechts, p. 360.) 
804 



PR^EROGATFVA CENTU'RIA. (Vid. Comi* 
tia, p. 297.) 

PILES. If we might trust a definition by Auso- 
nius, 1 he was called vas who gave security for an 
other in a causa capitalis ; and he who gave secu- 
rity for another in a civil action was praes. But 
this authority cannot be trusted, and the usage of 
the words vas and praes was certainly not always 
conformable to this definition. According to Varro,* 
any person was vas who promised vadimonium for 
another, that is, gave security for another in any le- 
gal proceeding. Festus 3 says that vas is a sponsor 
in a res capitalis. If vas is genus, of which vas in 
its special sense, and praes are species, these defini- 
tions will be consistent. Under Manceps Festus re- 
marks, that manceps signifies him who buys or hires 
any public property (qui a populo emit conducitve), 
and that he is also called praes because he is bound 
to make good his contract (praslare quod promisit) 
as well as he^who is his praes. 4 According to this, 
praes is a surety for one who buys of the state, and 
so called because of his liability (prastare). But 
the etymology at least is doubtful, and, we are in 
clined to think, false. The passage of Festus ex- 
plains a passage in the Life of Atticus, 5 in which it 
is said that he never bought anything at public auc- 
tion (ad hastam publicam), and never was either 
manceps or praes. A case is mentioned by Gellius 6 
in which a person was committed to prison who 
could not obtain praedes. The goods of a praes were 
called praedia, 7 and in Cicero 8 and Livy 9 "prcedibus 
et prcediis" come together. The phrase " pradibus 
cavere," to give security, occurs in the Digest, 10 where 
some editions have "pro cedibus cavere." (See the 
various readings, ed. Gebauer and Spangenberg.) 
The phrase "pr cedes vender -e" means to sell, not the 
praedes properly so called, but the things which are 
given as a security. 

Praediatores are supposed by Brissonius to be the 
same as praedes, 11 at least so far as they were sure- 
ties to the state. But praediator is defined by Gaius 13 
to be one "who buys from the people ," and from 
the context it is clear that it is one who buys a 
praedium, which is farther defined to be a thing 
pledged to the populus "res obligata populo." The 
praediator, then, is he who buys a praedium, that is, 
a thing given to the populus as a security by a 
praes ; and the whole law relating to such matters 
was called jus praediatorium. 

PRtESCRITTIO, or, rather, TEMPORIS PR.E- 
SCRIPTIO, signifies the exceptio or answer which 
a defendant has to the demand of a plaintiff, found- 
ed on the circumstance of the lapse of time. The 
word, then, has properly no reference to the plain- 
tiff's loss of right, but to the defendant's acquisition 
of a right by which he excludes the plaintiff from 
prosecuting his suit. This right of a defendant did 
not exist in the old Roman law. When the prae- 
tors gave new actions by their edict, they attached 
to them the condition that those actions must be 
brought within a year (intra annum judicium dabo), 
that is, a year from the time when the right of ac- 
tion accrued. These actions, then, were exceptions 
from the old rule, that all actiones were perpetuae. 
This rule became extended by the longi temporis 
praescriptio, which established that in actions about 
ownership, or jura in re, ten, or in some cases 
twenty years, would give a praescriptio, when the 
possessor could show that he had complied with the 
main conditions of usucapion, without having ac- 
quired ownership by usucapion, for if he had, he had 

1. (Idyll., xii., 9.)— 2. (Ling. Lat., vi., 74, ed. Miiller.)— 3. (s 
v. Vadem.)— 4. (Vid. also Varro, 1. c.) — 5. (C. Nep., 6.) — 6. 
(vii., 19.)— 7. (Pseudo-Ascon. m Verr., II., i., 54.)— 8. (1. c.)— 9 
(xxii., 60.)— 10. (10, tit. 3, s. 6.) — 11. (Cic, Pro Bj..*., c. 20.- 
ad Attic, xii., 14, 17.— Sueton., Claud., c. 9.— Val. Max., viii 
120—12. (ii., 61.) 



PRAESCRIPTIO. 



PR.ETOR. 



no need of any exeeptio. This rule was farther ex- 
tended by Constantine, and a period of 30 or 40 
years, for i. seems that the time was not quite set- 
tled, was tc be considered sufficient for a praescrip- 
tio, though the defendant had not complied with 
the conditions of usucapion. A general constitu- 
tion was made by Theodosius, A.D. 424, which, 
with some variations, appears in both the Codes -, 1 
and it enacted that, as in the case of the actiones 
already mentioned, there should be no hereditatis 
petitio after 30 years, and that, after the same 
t me, no personal action should be brought. The 
actio finium regundorum was excepted, and also 
the action of a creditor for his pignus or hypotheca 
against the debtor, but not against others. Praeju- 
diciales actiones as to status are not enumerated 
among those against which there was a praescriptio, 
but they seem to be included in the general words 
of the law. Justinian, by a constitution of the year 
530, a established the general rule of 30 years for all 
actions, with the exception of the actio hypotheca- 
ria, for which he required 40 years. His constitu- 
tion enumerates the following actions to which the 
praescriptio of 30 years would apply : Families her- 
ciscundce, Communi dividundo, Finium regundorum, 
Pro Socio, Furti et Vi Bonorum Raptorum; and it 
adds, " neque alterius cujuscunque personalis actio 
vitam longiorem esse triginta annis, Sec, sed ex quo 
ab initio competit, et semel nata est, <Src, post memo- 
ralum tempus finiri." It thus appears that all ac- 
tions were originally perpetuae, then some were 
made subject to praescriptio, and, finally, all were 
made so. In consequence of this change, the term 
perpetuae, originally applied to actions that were 
not subject to praescriptio, was used to signify an 
actio in which 30 years were necessary to give a 
praescriptio, as opposed to actiones in which the 
right to a praescriptio accrued in a shorter time. 3 

The conditions necessary to establish a praescrip- 
tio were, 1. Actio nata, for there must be a right of 
action in order that a praescriptio may have an ori- 
gin, and the date of its origin must be fixed by the 
date of the right of action. 2. There must be a 
continuous neglect on the part of the person enti- 
tled to bring the action, in order that the time of 
the praescriptio may be reckoned uninterruptedly. 
3. Bona fides was not a necessary ingredient in a 
praescriptio as such, because it was the neglect of 
the plaintiff which laid the foundation of the prae- 
scriptio. But the longi temporis praescriptio was 
made like to usucapion as to its conditions, of 
whieh bona fides was one. Justinian* required a 
bona fides in the case of a thirty-year praescriptio ; 
but this was no new rule, except so far as the pos- 
sessor claimed the benefit of usucapio ; and as the 
longi temporis praescriptio, as an independent rule 
of law, disappeared from the legislation of Justinian, 
the bona fides, as a condition of praescriptio, went 
with it. 4. The lapse of time, which was 30 years ; 
b it to this there were many exceptions. 

The sources on the subject of praescriptio are re- 
ferred to in Brinkmann's Institutiones Juris Romani, 
and Miihlenbruch's Doctrina Pandectarum, § 261 
and ^ 481, on the distinction being ultimately abol- 
ished between praescriptio and usucapio. — Savig- 
ny, System des heutigen Rom. Rcchts, vol. v., from 
whom this outline is taken. Vid. also Usucapio. 

Praescriptio had a special sense in Roman plead- 
ings, which Gaius has explained as existing in his 
time.' These praescriptiones were pro actore, and 
not pro reo ; and an example will explain the term. 
[t often happens that an obligatio is such that a 
man is bound to another to do certain acts at cer- 

I. (Cod. Theod., iv., tit. 14.— Cod., vii., tit. 39, s. 3.)— 2. 
(Cod., Tii., tit. 40, s. 1.)— 3. dnst., iv., tit. 12.)— 4. (Cod., vii., 
M. 39, s 8 )-5. (iy., 130.) 



tain times, as, for instance, yearly, half yearly, 01 
monthly. The payment of interest on money would 
be an example. At the close of any of these cer- 
tain periods, the party to whom the obligatio was 
due might sue for what was due, but not for what 
was not due, though an obligatio was contracted as 
to future time. When a debt had become due in 
consequence of an obligatio, there was said to be 
a praestatio, or it was said " aliquid jam press tari 
oporlet:" when the obligatio existed, but the praes- 
tatio was not due, it was " futura prozstatio" or it 
was said " prcestatio adhuc nulla est." If then the 
plaintiff wished to limit his demand to what was 
due, it was necessary to use the following praescrip- 
tio : " Ea res agatur cujus rei dies fu.it." 1 The 
name of praescriptiones, observes Gaius, is mani- 
festly derived from the circumstance of their being 
prefixed (praescribuntur) to the formulae, that is, 
they came before the intentio. In the time of 
Gaius the praescriptiones were only used by the 
actor ; but formerly they were also used in favour 
of a defendant (reus), as in the following instance : 
" Ea res agatur quod prcejudicium hereditati non fiat," 
which in the time of Gaius was turned into a kind 
of exceptio or answer, when the petitor hereditatis, 
by using a different kind of actio, was prejudging 
the question of the hereditas {cum petitor, dec. . . . 
prcejudicium hereditati faciat 2 ). {Vid. Prcejudicium.) 

Savigny shows that, in the legislation of Justin- 
ian, praescriptio and exceptio are identical, and that 
either term can be used indifferently. He ob- 
serves, that the praescriptiones which in the old form 
of procedure were introduced into the formula for 
the benefit of the defendant, were properly excep- 
tiones, and it was merely an accidental matter that 
certain exceptions were placed before the intentio 
instead of being placed at the end of the formula, 
as was the usual practice. Subsequently, as ap- 
pears from Gaius, only the praescriptiones pro actore 
were prefixed to the formula ; and those pro reo 
were placed at the end, and still retained, though 
improperly, the name of praescriptiones. Thus ex- 
ceptio and praescriptio came to be used as equiva- 
lent terms, a circumstance to which the disuse of 
the ordo judiciorum contributed. Yet, in the case 
of particular exceptiones, one or other of the names 
was most in use, and the indiscriminate employ- 
ment of them was an exception to the general rule. 
The prevalence of one or the other name, in par- 
ticular cases, is easily explained : thus, the doli 
and rei judicatae exceptiones were always at the 
end of the formula, and the temporis and fori prae- 
scriptiones in earlier times were placed at the be- 
ginning. Savigny adds, that in modern times prae- 
scriptio has acquired the sense of usucapion, but 
this is never the sense of the word praescriptio in 
the Roman law. Though exceptio and praescriptio 
came to be used as equivalent, yet neither exceptio 
nor praescriptio is used in the sense of temporis 
praescriptio without the addition of the words tern 
poris, temporalis, triginta annorum, &c 3 

PRiESES. {Vid. Provincia.) 

PRiESUL. {Vid. Salii.) 

PR^TE'RITI SENATO'RES. {Vid. Nota 
Censoria, p. 665.) 

PR^ETEXTA. {Vid. Toga.) 

PRETEXT A'TA FA'BULA. {Vid. Coskedia, 
p. 300.) 

PRAETOR. According to Cicero,* praetor was 
a title which designated the consuls as the leaders 
of the armies of the state ; and he considers the 
word to contain the same elemental parts as the 
verb praire. The period and office of the command 

1. (Compare Cic, De Or., i., 37.)— 2. (Ccmpare Gaius. — Dig. 
10, tit. 2, s. 1.)— 3. (Savigny, System, <fec. iv., 309; v., 103.)— 
4. (Leg., iii., 3.) 

805 



PR^TOR. 



PR^ETOKiANI. 



of the consuls might appropriately be called praeto- 
rium. 1 Praetor was also a title of office among the 
Latins. 

The thst praetor specially so called was appoint- 
ed in the year B.C. 366, and he was chosen only 
from the patricians, who had this new office crea- 
ted as a kind of indemnification to themselves for 
being compelled to share the consulship with the 
plebeians. 2 No plebeian praetor was appointed till 
the year B.C. 337. The praetor was called collega 
consulibus, and was elected with the same auspices 
at the comitia centuriata. 

The praetorship was originally a kind of third 
consulship, and the chief functions of the praetor 
'Jus in vrbe dicere, 3 jura reddcre*) were a portion of 
the functions of the consuls, who, according to the 
passage of Cicero above referred to, were also call- 
ed judices a judicando. The praetor sometimes 
commanded the armies of the state ; and while the 
consuls were absent with the armies, he exercised 
their functions within the city. He was a magis- 
tratus curulis, and he had the imperium, and, con- 
sequently, was one of the magistratus majores : but 
he owed respect and obedience to the consuls. 5 
His insignia of office were six lictors, whence he is 
called by Polybius 7jyEfi6v or arparnybc E^aneXeKvc, 
and sometimes simply k%cm:eleKve. At a later peri- 
od, the praetor had only two lictors in Rome.* The 
praetorship was at first given to a consul of the pre- 
ceding year, as appears from Livy. 

In the year B.C. 246 another praetor was ap- 
pointed, whose business was to administer justice 
in matters in dispute between peregrini, or peregrini 
and Roman citizens ; and, accordingly, he was call- 
ed praetor peregrin us. 7 The other praetor was then 
called praetor urbanus " qui jus inter cives dicit" 
and sometimes simply praetor urbanus and praetor 
urbis. The two praetors determined by lot which 
functions they should respectively exercise. If ei- 
ther of them was at the head of the army, the other 
performed all the duties of both within the city. 
Sometimes the military imperium of a praetor was 
prolonged for a second year. When the territories 
of the state were extended beyond the limits of 
Italy, new praetors were made. Thus, two praetors 
were created B.C. 227, for the administration of 
Sicily and Sardinia, and two more were added when 
the two Spanish provinces were formed, B.C. 197. 
When there w r ere six praetors, two stayed in the 
iity, and the other four went abroad. The senate 
determined their provinces, which were distributed 
among them by lot. 8 After the discharge of his 
judicial functions in the city, a praetor often had the 
administration of a province, with the title of pro- 
praetor. Sulla increased the number of praetors to 
eight, which Julius Caesar raised successively to 
ten, twelve, fourteen, and sixteen. Augustus, after 
several changes, fixed the number at twelve. Un- 
der Tiberius there were sixteen. Two praetors 
were appointed by Claudius for matters relating to 
fideicommissa when the business in this depart- 
ment of the law had become considerable ; but Titus 
reduced the number to one, and Nerva added a 
praetor for the decision of matters between the fiscus 
and individuals. " Thus," says Pomponius, speak- 
ing of his own time, " eighteen praetors administer 
justice (jus dicunt) in the state." 9 M. Aurelius, 
according to Capitolinus, 10 appointed a praetor for 
matters relating to tutela, which must have taken 
place after Pomponius wrote. (Vid. Pandects.) 
The main duties of the praetors were judicial, and 
it appears that it was found necessary from time 

1. (Liv., viii., 11.)— 2. (Liv., vi., 42; vii., 1.) — 3. (Liv., vi., 
42.) — 4. (Liv., vil., 1.) — 5. (Polyb., xxxiii., 1.) — 6. (Censorinus, 
c. 24) — 7. (Dig. I, tit. 2, s. 28.) — 8. (Liv., xxxii., 27, 28.) — 9. 
(Dig-. 1, tit. 2, s. 34.)— 10. (M. Ant , v. 10.) 
806 



to time to increase their number, and to assign to 
them special departments of the administration of 
justice. 

The praetor urbanus was specially named praetor, 
and he was the first in rank. His duties confined 
him to Rome, as is implied by the name, and he 
could only leave the city for ten days at a time. It 
was part of his duty to superintend the ludi Apolli- 
nares. He was also the chief magistrate for the 
administration of justice, and to the edicta of the 
successive praetors the Roman law owes in a great 
degree its development and improvement. Both 
the praetor urbanus and the praetor peregrinus had 
the jus edicendi, 1 and their functions in this re- 
spect do not appear to have been limited on the es- 
tablishment of the imperial power, though it must 
have been gradually restricted as the practice ot 
imperial constitutions and rescripts became com- 
mon. (Vid. Edictum.) 

The chief judicial functions of the praetor in civil 
matters consisted in giving a judex. ( Vid. Judex.) 
It was only in the case of interdicts that he deci- 
ded in a summary w r ay. ( Vid. Interdictum.) Pro- 
ceedings before the praetor were technically said to 
be in jure. 

The praetors also presided at trials of criminal 
matters. These were the quaestiones perpetuae, 3 or 
the trials for repetundae, ambitus, majestas, and pec- 
ulatus, which, when there were six praetors, were 
assigned to four out of the number. Sulla added to 
these quaestiones those of falsum, de sicariis et vene- 
ficis, and de parricidis, and for this purpose he added 
two, or, according to some accounts, four praetors, 
for the accounts of Pomponius and of other writers 
do not agree on this point. 3 On these occasions 
the praetor presided, but a body of judices determin- 
ed by a majority of votes the condemnation 01 ac- 
quittal of the accused. ( Vid. Judicium.) 

The praetor, when he administered justice, sat on 
a sella curulis in a tribunal, which was that part 
of the court which was appropriated to the praetor 
and his assessors and friends, and is opposed to the 
subsellia, or part occupied by the judices, and oth- 
ers who were present. 4 But the praetor could do 
many ministerial acts out of court, or, as it was 
expressed, e piano or ex cequo loco, which terms are 
opposed to e tribunali or ex supcriore loco : for in- 
stance, he could, in certain cases, give validity to 
the act of manumission when he was out of doors, 
as on his road to the bath or to the theatre. 6 

The praetors existed with varying numbers to a 
late period in the Empire, and they had still juris- 
dictio. 6 

The functions of the praetors, as before observed, 
were chiefly judicial, and this article should be 
completed by a reference to Edictum, Imperium, Ju- 
dex, Jurisdictio, Magistratus, Provincia. To the 
authorities referred to under Edictum may be ad- 
ded, "Die Pr'dtorischen Edicte der Rbmer, <fC, von 
D. Eduard Schrader, Weimar, 1815." 

PRJETO'RIA A'CTIO. (Vid. Actio, p. 17.) 

PR^ETO'RIA COHORS. (Vid. Pr^toriani.) 

PR.-ETORIA'NI, sc. milites, or Pretoria Cohor- 
tes, a body of troops instituted by Augustus to pro- 
tect his person and his power, and called by thai 
name in imitation of the pratoria cohors, or select 
troop, which attended the person of the praetor or ; 
general of the Roman army. 7 This cohort is said 
to have been first formed by Scipio Africanus out 
of the bravest troops, whom he exempted from all 
other duties except guarding his person, and to 
whom he gave sixfold pay ; 8 but even in the early 



1. (Gaius, i., 2.)— 2. (Cic, Brut., c. 27.)— 3. (Suet., Jul., 41.— 
Dion Cass., xlii., 51.)— 4. (Cic, Brut., 84.)— 5. (Gaius, i., 20.) 
—6. (Cod., vii., tit. 62, s. 17 ; v., tit. 71, s. 18.)— 7. (Sallust, Cat.. 
60.— Cic, Cat., ii., 1 1.— Cses., B Gall., i., 40.)— 8. (Fest us, s. v.) 



PRjETORIANI. 



PRIMICERIUS. 



times if the Republic the Roman general seems to 
have been attendee by a select troop. 1 In the time 
of the civil wars the number of the praetorian co- 
horts was greatly increased, 3 bv.* the establish- 
ment of them as a separate force was owing to the 
policy of Augustus. They originally consisted of 
nine' or ten cohorts,* each consisting of a thou- 
sand men, horse and foot. They were chosen only 
from Italy, chiefly from Etruria and Umbria, or an- 
cient Latium, and the old colonies, 5 but afterward 
from Macedonia, Noricum, and Spain also. 6 Au- 
gustus, in accordance with his general policy of 
avoiding the appearance of despotism, stationed 
only three of these cohorts in the capital, and dis- 
persed the remainder in the adjacent towns of Ita- 
ly. 7 Tiberius, however, under pretence of intro- 
ducing a stricter discipline among them, assembled 
them all at Rome in a permanent camp, which was 
strongly fortified. 8 Their number was increased 
by Vitellius to sixteen cohorts, or 16,000 men. 9 

The praetorians were distinguished by double pay 
and especial privileges. Their term of service was 
originally fixed by Augustus at twelve years, 10 but 
was afterward increased to sixteen years ; and 
when they had served their time, each soldier re- 
ceived 20,000 sesterces. 11 All the praetorians seem 
to have had the same rank as the centurions in the 
regular legions, since we are told by Dio 1 a that they 
had the privilege of carrying a vitis (paddog) like 
the centurions. The praetorians, however, soon 
became the most powerful body in the state, and, 
like the janizaries at Constantinople, frequently 
deposed and elevated emperors according to their 
pleasure. Even the most powerful of the emper- 
ors were obliged to court their favour ; and they 
always obtained a liberal donation upon the acces- 
sion of each emperor. After the death of Pertinax 
(A.D. 193) they even offered the empire for sale, 
which was purchased by Didius Julianus ; 13 but 
upon the accession of Severus in the same year 
they were disbanded, on account of the part they 
had taken in the death of Pertinax, and banished 
from the city. 14 The emperors, however, could 
not dispense with guards, and accordingly the prae- 
torians were restored on a new model by Severus, 
and increased to four times their ancient number. 
Instead of being levied in Italy, Macedonia, Nori- 
cum, or Spain, as formerly, the best soldiers were 
now draughted from all the legions on the fron- 
tiers, so that the praetorian cohorts now formed 
the bravest troops of the Empire. 15 Dioclesian re- 
duced their numbers and abolished their privile- 
ges ; 16 they were still allowed to remain at Rome, 
but had no longer the guard of the emperor's per- 
son, as he never resided in the capital. Their 
numbers were again increased by Maxentius, but 
after his defeat by Constantine, A.D. 312, they 
were entirely suppressed by the latter, their forti- 
fied camp destroyed, and those who had not per- 
ished in the battle between Constantine and Max- 
entius were dispersed among the legions. 17 The 
new form of government established by Constan- 
tine did not require such a body of troops, and, ac- 
cordingly, they were never revived. The emper- 
or's body-guards now only consisted of the domes- 
tici, horse and foot under two comites, and of the 
protectores. 18 

1. (Liv., ii., 20.)— 2. (Appran, Bell. Civ., iii., 67.— Id. ib., v., 3.) 
3. (Tacit., Ann., iv., 5. — Suet., Octav., 49.) — 4. (Dion Cass., lv\, 
24.)— 5. (Tacit , 1. c— Id., Hist., i., 84.)— 6. (Dion Cass., lxxiv., 
2 )— 7. (Suet., Octav., 49.)— 8. (Tacit., Ann., iv., 2.— Suet., Tib., 
37.— Dion Cass., lvii., 19.)— 9. (Tacit., Hist., ii., 93.)— 10. (Dion 
Cass , liv., 25.)— 11. (Id., Iv., 23.— Tacit., Ann., i., 17.)— 12. (Iv. 
24.) — 13. (Dion Cass., lxxiii., 11. — Spart., Julian., 2. — Ilerodian, 
ii., 7.)— 14. (Dion Cass., lxxiv., 1.) — 15. (Dion Cass., lxxiv., 2. — 
Herodian., iii., 13.)— 16. (Aurel. Vict.. De C»s., 39.)— 17. (Zosi- 
mus, ii., 17. —Aurel. Vict., De Caes., 40.)— 18. (Cod.,xii., tit. 17 
—Hod Tlieod., vi., tit. 24.) 



The commanders of the praetoriar.s wei e called 
Pr^efecti Pr^etorio, whose duties, powers, &c., 
are mentioned in a separate article. 

PR^ETO'RIUM was the name of the general's 
tent in the camp, and was so called because the 
name of the chief Roman magistrate was original- 
ly praetor, and not consul. (Vid. Castra, p. 220.) 
The officers who attended on the general in the pra- 
torium, and formed his council of war, were called 
by the same name. 1 The word was also used in 
several other significations, which were derived 
from the original one. Thus the residence of a 
governor of a province was called the praiorium ;* 
and the same name was also given to any large 
house or palace. 3 The camp of the praetorian troops 
at Rome, and frequently the praetorian troops them- 
selves, were called by this name. ( Vid. Prjetor i 
ani.) 

PRA'NDIUM. (Vid. Ccena, p. 274.) 

*PRASI'TES LAPIS (Trpaair^g liBog ), "the Prase 
of Jameson and Prasium of Kjrwan. It is a sub- 
species of quartz, and, as Cleaveland remarks, 
usually of a leek or dark olive colour. It is a 
gem, as Sir J. Hill says, of the lower class, and is 
known by our jewellers by the name of root of em- 
erald. De Laet states that the xpvooirpaaog is a 
gem of greater value." 4 

*PRASIUM (irpdcnov), a name applied to more 
than one species of the Marrubium, L., or Hore- 
hound. 5 

*PRASOCU / RIS (irpaGonovpig), a species of larva 
or caterpillar noticed by Aristotle, Theophrastus, 
and Athenaeus. Stackhouse refers it to the Cimex 
prasinus, or Lady-cow. 6 

*PRASON (rrpdaov), the Leek, or Allium porrum, 
L. (Vid. Allium.) 7 

PRECA'RIUM. (Vid. Interdict™, p. 544.) 

PRELUM or PRELUM is a part of a press 
used by the ancients in making wine, olive oil, and 
paper. The press itself was called torcular, and 
the prelum was that part which was either screw 
ed or knocked down upon the things to be pressed, 
in order to squeeze out the last juices. 8 Some- 
times, however, prelum and torcular are used as 
convertible terms, a part being named instead of 
the whole. As regards the pressing of the grapes, 
it should be remembered that they were first trod- 
den with the feet ; but as this process did not press 
out all the juice of the grapes, they were after- 
ward, with their stalks and peels (scopi et folliculi), 
put under the prelum. 9 Cato 10 advised his coun- 
trymen always to make the prelum of the wood of 
black maple (carpinus atra). After all the juice 
was pressed out of the grapes, they were collected 
in casks, water was poured upon them, and after 
standing a night they were pressed again. The li- 
quor thus obtained was called lora ; it was preserv- 
ed in casks, and was used as a drink for workmen 
during the winter. 11 Respecting the use of the 
prelum in making olive-oil and in the manufacture 
of paper, see Plin., H. N. t xv., 1 ; xiii., 25.— Co- 
lum., xii., 50. 

*PRESTER (irprjoTTip.) (Vid. Dipsas.) 

PRIMICE'RIUS, a name given to various offi- 
cers and dignitaries under the later Roman Empire, 
is explained by Suidas 13 to be the person who holds 
the first rank in anything. The etymology of the 
word is doubtful : it is supposed that a person was 

I. (Liv., xxx., 5.)— 2. (Cic. in Verr., II., iv., 28 ; v., 36.— St. 
John, xviii.,28, 33.)— 3. (Suet., Octav., 72.— Id., Cal., 37.— Juv., 
i., 75.— Dig. 50, tit. 16, s. 198.J-4. (Theophrast., De Lapid., c. 
65. — Hill, ad loc. — Adams, Append., s. v.) — 5. (Thoophrast., H. 
P., vi., 1.— Dioscor., iii., 109.)— 6. (Aristot., H. A., v., 17.— The- 
ophrast., II. P., vii., 5. — Adams, Append., s. v.) — 7. (Theophrast., 
H. P., vii., 1.)— 8. (Serv. ad Virg., Georg., ii., 242.— Viiruv., vi.. 
9.)— 9. Varro, De Re Rust., i., 54.— Columella, xii., 38.)— 10> 
(De R( ^ust., 31.)— 11. (Varro, 1. c.)— 12. (s. v.) 

807 



PROBOLE. 



PROBOLE. 



called primicerius because his name stood first in 
the wax (cera), that is, the tablet made of wax, 
which contained a list of persons of any rank. 

The word primicerius does not seem to have been 
always applied to the person who was at the head 
of any department of the state or army, but also 
to the one second in command or authority, as, 
for instance, the primicerius sacri cubiculi, who was 
under the prapositus sacri cubiculi. (Vid. Propos- 
itus ) Various primicerii are mentioned, as the 
pr'un.cerius domesticorum and protectorum, 1 fabrica,* 
mcnsorum, 3 notariorum,* &c. 

PRIMIPILA'RIS. (Vid. Centurio.) 

PRIMIPPLUS. (Vid. Centurio.) 

PRINCEPS JUVENTU'TIS. ( Vid. Equites, p. 
418.) 

PRINCEPS SENATUS. (Vid. Senatus.) 

PRINCIPES. (Vid. Army, Roman, p. 103.) 

PRINCPPIA, PRINCIPALIS VIA. ( Vid. Cas- 
tra.) 

*PRINOS (wptvoc), "the Quercus cocci/era or 
Quercus ilex" (which would appear to be varieties 
of the same species). " The kokkoc, Vermes, or 
Scarlet-grain, is produced on this tree by a certain 
class of insects." 5 

*PRISTIS {TzpioTLc), the Squalus Pristis, L., or 
Pristis antiquorum, L., the Sawfish, a large fish of 
the Shark tribe. 6 

PRIVILE'GIUM. (Vid. Lex, p. 581 ) 

IiPOArarEl'AS rPA$H (Trpoayuyeiac ypa<py), a 
prosecution against those persons who performed 
the degrading office of pimps or procurers (npoayu- 
yoi). By the law of Solon, the heaviest punishment 
(tu fieyioTa entri/Liia) was inflicted on such a person 
(euv tlc elevdepov izalda i) yvvaZna npoayoysvoy 1 ) 
According to Plutarch, 8 a penalty of twenty drachms 
was imposed for the same offence. To reconcile 
this statement with that of iEschines, we may sup- 
pose with Platner 9 that the law mentioned by Plu- 
tarch applied only to prostitutes. An example of a 
man put to death for taking an Olynthian girl to a 
brothel (^Trjaac erf oU^fiaroc) occurs in Dinarchus. 10 
A prosecution of a man by Hyperides kiri Tzpoayu- 
yia is mentioned by Pollux. 11 A charge (probably 
false) was brought against Aspasia of getting free- 
born women into her house for the use of Peri- 
cles. 12 In connexion with this subject, see the ypa- 
d>al 'ETAIPH2EQ2, and $90PA2 TGN EAEY- 
6EPS2N. 13 

PROB'OLE (~po6ol7/), an accusation of a crim- 
inal nature, preferred before the people of Athens 
in assemblv, with a view to obtain their sanction 
for bringing the charge before a judicial tribunal. 
It may be compared in this one respect (viz., that 
it was a preliminary step to a more formal trial) 
with our application for a criminal information, 
-hough in regard to the object and mode of pro- 
ceeding there is not much resemblance. The -rrpo- 
()oat] was reserved for those cases where the pub- 
ic had sustained an injury, or where, from the sta- 
tion, power, or influence of the delinquent, the 
prosecutor might deem it hazardous to proceed in 
the ordinary way without being authorized by a 
vote of the sovereign assembly. In this point it 
differed from the elaayye?ua, that in the latter the 
people were called upon either to pronounce final 
judgment, or to direct some peculiar method of 
trial ; whereas in the ttpoOoatj, after the judgment 
of the assembly, the parties proceeded to trial in 
the usual manner. The court before whom they 

1. (Cod.,xii.,tit. 17, s. 2.)— 2. (Cod., xi., tit. 9,s. 2.)— 3. (Cod., 
xii., tit. 28, s. 1.)— 4. (Cod., iii., tit. 7.)— 5. (Theophrast., II. 
P , i., 6, 9.— Id ib., iii., 3. — Adams, Append., s. v.) — 6. (Aristot., 
II. A., vi., 12.)— 7. (^Esch., c. Timarch., 3, 26, ed. Steph.)— 8. 
(Sol., 23.)— 9. (Proc. und Klag., ii., 216.)— 10. (c Demosth., 93, 
ed. Steph.)— 11. (Onom., iii., 27.)— 12. (Plut., Pericl., 32.— Ar- 
ifctoph., Acham., 527.)— 13. (Meier, Att. Proc, 332.) 
808 



appeared, however influenced they might be oy tue 
prcBJudicium of the people, were under no legal com- 
pulsion to abide by their decision ; and, on the oth- 
er hand, it is not improbable that, if the people re- 
fused to give judgment in favour of the complain- 
ant, he might still proceed against his adversary by 
a ypayrj or a private action, according to the na- 
ture of the case. 1 

The cases to which the ■Kpoto'kf] was applied 
were complaints against magistrates for official 
misconduct or oppression ; against those public in- 
formers and mischief-makers who were called gvko- 
ipavTcu ; against those who outraged public decency 
at the religious festivals ; and against all such as, 
by evil practices, exhibited disaffection to the state. 2 

With respect to magistrates, 3 Schomann thinks 
that the Tcpo6o?^,ai could only be brought against 
them at those k-KLxeiporoviat which were held at 
the first Kvpia ekkat) aia in every Prytanea, when the 
people inquired into the conduct of magistrates, 
with a view to continue them in office or depose 
them, according to their deserts. An example of 
magistrates being so deposed occurs in Demosth., c. 
Theocr., 1330. The people (says Schomann) could 
not proceed to the k-Kixeiporovia except on the com- 
plaint (rcpo6o?ii]) of some individual ; the deposed 
magistrate was afterward brought to trial, if the 
accuser thought proper to prosecute the matter far- 
ther. There appears, however, to be no authority 
for limiting the 7rpo6o/Mc against magistrates to 
these particular occasions ; and other writers have 
not agreed with Schomann on this point.* 

An example of a npodo?^ against sycophants is 
that which the people, discovering too late their 
error in putting to death the generals who gained 
the battle of Arginusae, directed to be brought 
against their accusers. 5 Another occurs in Lysias, 8 
where the words avAArjddrjv aTravrec kcu ev roj drjuy 
Kal ev to) diKaGTtfpiu) ovKcxpavriac Kareyvure, describe 
the course of proceeding in this method of prosecu- 
tion. 7 

Those who worked the public mines clandestine- 
ly, and those who were guilty of peculation or em- 
bezzlement of the public money, were liable to a 
izpo6oAr}. A case of embezzlement is referred to 
by Demosthenes, c. Mid., 584. 8 

But the -npotoATj which has become most cele- 
brated, owing to the speech of Demosthenes against 
Midias, is that which was brought for misbehaviour 
at public festivals. We learn from the laws cited 
in that speech, 9 that 7cpo6oAai were enjoined against 
any persons who, at the Dionysian, Thargelian, or 
Eleusinian festival (and the same enactment was 
probably extended to other festivals), had been 
guilty of such an offence as would fall within the 
description of aniteta rcepl eoprtjv. A riot or disturb- 
ance during the ceremony, an assault, or other 
gross insult or outrage, committed upon any of the 
performers or spectators of the games, whether cit- 
izen or foreigner, and even upon a slave, much 
more upon a magistrate or officer engaged in super- 
intending the performance ; an attempt to imprison 
by legal process, and even a levying of execution 
upon the goods of a debtor during the continuance 
of the festival, was held to be a profanation of its 
sanctity, and to subject the offender to the penalties 
of these statutes. For any such offence complaint 
was to be made to the prytanes (i. e., the proedri), 
who were to bring forward the charge at an assem- 
bly to be held soon after the festival in the theatre 

1. (Platner, Proc. und KL, i , 382.)— 2. (Harpocr. and Sui- 
das, s. v. VLaraxupoTovia. — Pollux, Onom., viii., 46. — -<Esch., De 
Fals. Leg., 47. — Isocr.,7rt/n avrid., 344, ed. Steph.) — 3. (De Co- 
mit., 231.)— 4. (Platner, Proc. und Kl , i., 385.— Meier, Att. 
Proc, 273.)— 5. (Xen.,Hell., i., 7, 39.)— 6. (c. Agora!., 135, ed 
Steph.)— 7. (Schom., De Com., 234.)— 8. (Schom., 1. c- Plat- 
ner, Proc. und Kl., i., 381.)— 9. (517, 518, 571.) 



PROBOULOI. 



PROCONSUL 



of Bacchus. The defendant was to be produced 
before the assembly. Both parties were heard, and 
then the people proceeded to vote by show of hands. 
Those who voted in favour of the prosecution were 
said KCLTaxetpoTovEiv, those who were against it 
arroxeipoToveiv. The complainant was said irpo- 
id'Kktadai rbv udtKovvra, and the people, if they con- 
demned him, TrpoKarayvovvcu. 1 

Some difficulty has arisen in explaining the fol- 
I nving words in the law above referred to : rae 
Kf>o6o?M£ TiapadidoTooav oaat uv p,7} EKTerta^evai uolv. 
Platner 2 and Schomann 3 suppose that by these 
words the prytanes are commanded to bring before 
the people those complaints for which satisfaction 
lias not been made by the offender to the prosecu- 
tor ; and, to show that a compromise would be le- 
gal, Platner refers to Demosthenes, c. Mid., 563, 
583 ; to which we may add the circumstance that 
Demosthenes is said to have compromised his 
charge against Midias for a sum of money. Meier* 
explains it thus : that the prytanes (or, rather, the 
proedri) were to bring before the people all the 
Tzpo6olai, except those of a trifling character, for 
which they were themselves empowered to impose 
a fine. (As to the powe" of fining, see Att. Proc, 
34.) If we suppose the complaint to take the name 
of npo6o2,Tj upon its b* 7 \ig presented to the proedri, 
the expression eKTtrt(jp.ivri Trpodolrj will cause no 
difficulty ; for as dinrjv rlvetv signifies to pay the 
damages awarded in an action, so irpofto'krjv riveiv 
may signify to pay the fine imposed by the magis- 
trates before whom the charge was brought ; and 
Tvpobolfjv is not used improperly for eTTtSolrjv, any 
more than 6'lktjv is for ripivfia in the other case. 
Perhaps there is more force in another objection 
urged by Platner, viz., that (according to this inter- 
pretation) the not bringing the case before the as- 
sembly is made to depend on the non-payment, and 
not (as might have been expected) on the imposition 
of the fine. 

The people having given their sentence for the 
prosecution, the case was to be brought into the 
court of heliaea. In certain cases of a serious na- 
ture, the defendant might be required to give bail 
for his appearance or (in default thereof) go to 
prison. 5 The persons on whom devolved the rjye- 
uovia diKacTvpiov were, according to Pollux, 6 the 
thesmothetae. Meier 7 thinks this would depend 
on the nature of the case, and that, upon a charge 
for the profanation of a festival, the cognizance 
would belong to such of the three superior archons 
as had the superintendence thereof. This would 
-no doubt) follow from the ordinary principles of 
Athenian jurisprudence ; but it may be conceived 
that the extraordinary nature of the complaint by 
TrpoSoXr/ might take it out of the common course of 
practice. 8 The dicasts had to pronounce their 
verdict on the guilt of the party, and to assess the 
penalty, which might be death, or only a pecuniary 
fine, according to their discretion. The trial (it 
seems) was attended with no risk to the prosecutor, 
who was considered to proceed under the authority 
of the popular decree. 9 

PROBOULEUMA. (Vid. Boule, p. 168, 169.) 
PROBOULOI (7rp66ovXoi), a name applicable to 
any persons who are appointed to consult or take 
measures for the benefit of the people. Thus the 
delegates who were sent by the twelve Ionian cities 
to attend the Panionian council, and deliberate on 
the affairs of the confederacy, were called Trpofiov- 
Aoi. 10 So were the deputies sent by the several 
Greek states to attend the congress at the Isthmus, 




on the occasion of the second Persian invasion ; 4 
and also the envoys whom the Greeks agreed to 
send annually to Plataea. 2 The word is also used, 
like vofiofyvlaKtg, to denote an oligarchical body, in 
whom the government of a state was vested, or 
who at least exercised a controlling power over the 
senate and popular assemblies. Such were the 
sixty senators of Cnidus ; and a similar body ap- 
pears to have existed at Megara, where, although 
democracy prevailed at an earlier period, the gov- 
ernment became oligarchical before the beginning 
of the Peloponnesian war. 3 A body of men called 
TrpbOovloi were appointed at Athens, after the end 
of the Sicilian war, to act as a committee of public 
safety. Thucydides* calls them upxf/v riva -rrpea- 
6vreptJV uvdpuv, diTiveq nepl tuv napovrow cjf uv nai- 
poc 7} 7rpo6ovXevoovoi. They were ten in number. 5 
Whether their appointment arose out of any con- 
certed plan for overturning the constitution, is 
doubtful. The ostensible object, at least, was differ- 
ent ; and the measures which they took for defend- 
ing their country and prosecuting the war appear 
to have been prudent and vigorous. Their author- 
ity did not last much longer than a year ; for a year 
and a half aftervard Pisander and his colleagues 
established the council of Four Hundred, by which 
the democracy was overthrown. 6 The first step 
which had been taken by Pisander and his party 
was to procure the election of a body of men called 
S-vyypacpelc avroKparopec, who were to draw up a 
plan, to be submitted to the people, for remodelling 
the constitution. Thucydides says they were ten in 
number. Harpocration 7 vites Androtion and Phi- 
lochorus as having stated that thirty were chosen, 
and adds, 'O 6e Qovtcvdidne tC>v Sena e/Ltv?}/j.6vEvae 
fiovov tcjv TtpodovXuv. This and the language of 
Suidas 8 have led Schomann to conjecture that the 
7rp66ovXoc were elected as cvyypaQelg, and twenty 
more persons associated with them, making in all 
the thirty mentioned by Androtion and Philocho- 
rus. 9 Others have thought that the ovyypacpelc of 
Thucydides have been confounded by grammarians 
with the thirty tyrants, who were first chosen oi 
tovc; narpcovg v6p.ovg cvyypdipcjcu nad' ovg tto?utev' 
ooyai. 10 These Athenian Trp66ov?,ot are alluded to 
by Aristophanes in the Lysis trata, 11 which was act- 
ed the year after the Sicilian defeat, and by Lysias, 
c. Eratosth., 126, ed. Steph. 

PROCHEIROTON1A (7vpo X etporoi ta.) (Vid. 
Boule, p. 169) 

PROCLE'SIS (TzpoKlnatg.) (Vid. Diaitetai, p. 
353, 354.) 

PROCONSUL is an officer who acts in the place 
of a consul without holding the office of consul 
itself; though the proconsul was generally one who 
had held the office of consid, so that the proconsul- 
ship was a continuation, though a modified one, of 
the consulship. The first time that we meet with 
a consul whose imperium was prolonged after the 
year of his consulship, is at the commencement of 
the second Samnite war, at the end of the consular 
year 327 B.C., when it was thought advisable to 
prolong the imperium (imperium prorogate) of Q. 
Publilius Philo, whose return to Rome would have 
been followed by the loss of most of the advantages 
that had been gained in his campaign. 12 The pow- 
er of proconsul was conferred by a senatus consul- 
turn and plebiscitum, and was nearly equal to that 
of a regular consul, for he had the imperium and ju- 



1. (Herod., vii., 172.)— 2. (Plutarch, Arist., 21.)— 3. (Aristot., 
Pol., iv., 12, 8— Id., vi., 5, 13. — Midler, Dor., iii., 9, t> 10.— 
Wachsmuth, Alterth., I., ii., 91. — Schomann, Antiq. Jur. Publ., 
82.)— 4. (vni., 1.)— 5. (Suidas, s. v. Up66ov\oi.)— 6. (Thucyd., 
viii., 67.— Wachsmuth, I., ii., 197.) — 7. (s. v. 2vyypa0£?j.)--8. 
(s. v. npoBovXoi.)— 9. (Ant. Jur. Publ., 181.)— 10. (Xen., H«.l 
3, t) 2.— Goller ad Thucyd., viii., 67.)— 11. (v., 467.)— 12. (LiV., 
nii., 23. 2f» > 

809 



PRODIGIUM. 



PRUDOSIA. 



risdictio, but it differed inasmuch as it did not ex- 
tend over the city and its immediate vicinity (see 
Niebuhr, Rom. Gesch., iii., p. 214, who infers it from 
Gaius, iv., 104, 105), and was conferred without the 
auspicia by a mere decree of the senate and peo- 
ple, and not in the comitia for elections. 1 Hence, 
whenever a proconsul led his army back to Rome 
for the purpose of holding a triumph, the imperium 
(in urbe) was especially granted to him by the peo- 
ple, which was, of course, not necessary when a 
consul triumphed during the year of his office. 
Livy, 2 it is true, mentions men appointed with pro- 
consular power at a much earlier period than the 
time of Publilius Philo ; but there is this difference, 
that in this earlier instance the proconsular power 
is not an imperium prorogatum, but a fresh appoint- 
ment as commander of the reserve, and Niebuhr 3 
justly remarks that Livy here probably applies the 
phraseology of a much later time to the commander 
of the reserve; and this is the more probable, as 
Dionysius 4 speaks of this avTiarparnyoc as having 
been appointed by the consuls. Nineteen years 
after the proconsulship of Publilius Philo, 308 B.C., 
Livy 5 relates that the senate alone, and without a 
plebiscitum, prolonged the imperium of the consul 
Q. Fabius Maximus Rullianus ; but it is manifest 
that here again Livy transfers a later institution to 
a time when it did not yet exist ; for it was only by 
the lex Maenia (236 B.C.) that the senate obtained 
the right to prolong the imperium. 

"When the number of Roman provinces had be- 
come great, it was customary for the consuls, who 
during the latter period of the Republic spent the 
year of their consulship at Rome, to undertake at 
its close the conduct of a war in a province, or its 
peaceful administration. 6 There are some extra- 
ordinary cases on record in which a man obtained 
a province with the title of proconsul without hav- 
ing held the consulship before. The first case of 
this kind occurred in B.C. 211, when young P. Cor- 
nelius Scipio was created proconsul of Spain in the 
comitia centuriata. 7 During the last period of the 
Republic such cases occurred more frequently. 8 
Respecting the powers and jurisdiction of the pro- 
consuls in the provinces, see Provincia. 

After the administration of the Empire was new- 
ly regulated by Constantine, parts of certain dio- 
ceses were under the administration of proconsuls. 
Thus a part of the diocese of Asia, called Asia in a 
narrower sense, Achaia in the diocese of Mace- 
donia, and the consular province in the diocese of 
Africa, were governed by proconsuls. 9 

PROCURATOR is the person who has the man- 
agement of any business committed to him by an- 
other. Thus it is applied to a person who main- 
tains or defends an action on behalf of another, or, 
as we should say, an attorney (vid. Actio, p. 19) : 
to a steward in a family (vid. Calculator) : to an 
officer in the provinces belonging to the Caesar, 
who attended to the duties discharged by the quaes- 
tor in the other provinces (vid. Provincia) : to an 
officer engaged in the administration of the fiscus 
(vid. Fiscus, p. 444) ; and to various other officers 
under the Empire. 

PRODrGIUM, in its widest acceptation, denotes 
any sign by which the gods indicated to men a future 
event, whether good or evil, and thus includes omens 
and auguries of every description. 10 It is, however, 
generally employed in a more restricted sense to 
signify some strange incident or wonderful appear- 
ance, which was supposed to herald the approach of 

1. (Liv., ix., 42.— Id., x., 22.— Id., xxxii., 28.— Id., xxiv., 137) 
—2. (iii., 4.)— 3. (Hist, of Rome, ii., p. 123.)— 4. (ix., 12.)— 5. 
(ix.,42.)— 6. (Cic.,De Nat. Daor., ii.,3.— Liv., xxxiii., 25. — Cic. 
ad Fam., viii., 5, 13.)— 7. (Liv., xxvi., 18.)— 8. (Plut., Jfirail 
Paul., 4.— Cic, De Leg., i., 20.)— 9. (Walter, Gesch. des Rom. 
Rechts, p. 382, &c.)— 10 (Virg., JEn., v., 638.— Serv. ad loc— 
Plin., H. N., xi., 37— Cic. in Verr., II., iv., 49.) 
810 



misfortune, and happened under such circumstances 
as to announce that the calamity was impending 
over a whole community or nation rather than 
private individuals. The word may be considered 
synonymous with ostentum, monstrum, portentum 
" Quia enim ostendunt, portendunt, monstrant, pra- 
dicunt; osienta, portenta, monstra, prodigia dicun- 
tur." 1 It should be observed, however, that pro 
digium must be derived from ago, and not from dico y 
as Cicero would have it. 

Since prodigies were viewed as direct manifesta- 
tions of the wrath of heaven, and warnings of 
coming vengeance, it was believed that this wrath 
might be appeased, and, consequently, this ven- 
geance averted, by prayers and sacrifices duly offer- 
ed to the offended powers. This being a matter 
which deeply concerned the public welfare, the 
necessary rites were in ancient times regularly 
performed, under the direction of the pontifices, by 
the consuls before they left the city, the solemni- 
ties being called procuratio prodigiorum. Although, 
from the very nature of the occurrences, it was im- 
possible to anticipate and provide for every con- 
tingency, we have reason to know that rules for 
expiation, applicable to a great variety of cases, 
were laid down in the Ostcntaria, the Libri Ritualcs, 
and other sacred books of the Etrurians, 2 with the 
contents of which the Roman priests "were well ac- 
quainted ; and when the prodigy was of a very ter- 
rible or unprecedented nature, it was usual to seek 
counsel from some renowned Tuscan seer, from 
the Sibylline books, or even from the Delphic ora- 
cle. Prodigies were frequently suffered to pass 
unheeded when they were considered to have no 
direct reference to public affairs, as, for example, 
when the marvel reported had been observed in a 
private mansion or in some town not closely con- 
nected with Rome, and in this case it was said non 
suscipi, but a regular record of the more important 
was carefully preserved in the x\nnals, as may be 
seen from the numerous details dispersed through- 
out the extant books of Livy. 3 For an interesting 
essay on the illustrations of Natural History to be 
derived from the records of ancient prodigies, see 
Heyne, Opusc. Acad., iii., p. 198, 255. 

PRODOSTA (irpodocia). Under this term was 
included not only every species of treason, but also 
every such crime as (in the opinion of the Greeks) 
would amount to a betraying or desertion of the in- 
terests of a man's country. The highest sort of 
treason was the attempt to establish a despotism 
(rvpavvic) or to subvert the constitution (KaraAveiv 
ttjv no^iTEiav), and in democracies KaraXveev rov 
dijfiov or to nATjdog. Other kinds of treason were 
a secret correspondence with a foreign enemy ; a 
betraying of an important trust, such as a fleet, 
army, or fortress ; a desertion of post ; a disobe- 
dience of orders, or any other act of treachery or 
breach of duty in the public service.* It would be 
a betrayal of the state to delude the people by false 
intelligence or promises, or to disobey any special 
decree, such as that (for instance) which prohibited 
the exportation of arms or naval stores to Philip, 
and that which (after Philip had taken possession 
of Phocis) forbade Athenian citizens to pass the 
night out of the city. 5 But not only would overt 
acts of disobedience or treachery amount to the 
crime of irpodocia, but also the neglect to perform 
those active duties which the Greeks in general ex- 



1. (Cic, De Div., i., 42.)— 2. (Cic, De Div., i., 33.— Miiller, 
Etrusker, i., p. 33, 36, 343; ii., 30, 99, 122, 131, 146, 337.)-3 
(See Liv., ii., 42; iii., 10; xxiv., 44; xxxvii., 3; xlin., 13.— 
Miiller, Die Etrusker, ii., p. 191.— Hartung, Die Religion de) 
Romer, i., p. 96.)— 4. (Deinosth., Pro Cor., 242.— Id., c Lept. 
481.— Id., c Timocr., 745.— Id., c. Timoth., 1204.— Id., Pro Cor 
Trierarch., 1230.— Lys., c. Ag-or., 130, 131, ed. Steph — Lycurg. 
c fceocr., 155, ed. Steph.)— 5. (Demosth., c Lept., 487, 498.- 
Id., Pro Cor., 238.— Id., De Fals. Leg , 43? ) 



PRODOSIA. 



PROGAMEIA. 



pectcd of every good citizen. Cowardice m battle 
(Seikia) would be an instance of this kind ; so 
would any breach of the oath taken by the tyr/Soi 
at Athens, or any line of conduct for which a 
charge of disaffection to the people (iiiaodrjuia) 
might be successfully maintained. 1 Thus we find 
persons, whose offence was the propounding uncon- 
stitutional laws, or advising bad measures, or the 
like, charged by their political opponents with an 
attempt to overthrow the constitution. 2 Of the 
facility with which such charges might be made at 
Athens, especially in times of political excitement, 
when the most eminent citizens were liable to be 
suspected of plots against the state, history affords 
abundant proof; and Greek history, no less than 
modern, shows the danger of leaving the crime of 
treason undefined by the law, and to be interpreted 
by judges. 3 One of the most remarkable trials 
for constructive treason at Athens was that of Leoc- 
rates, who left the city after the defeat at Chae- 
ronea, and was prosecuted by Lycurgus for deser- 
tion of his country. The speech of Lycurgus is 
preserved to us, and is a good specimen of his elo- 
quence. The facts of the case are stated in p. 150, 
ed. Steph. The nature of the charge may be seen 
from various expressions of the orator, such as 
Trpodovs rove vedg nal ra kdrj nai rag kv rolg vbfioig 
■bvoiag (147), \irj porjdrjaag rotg TtarpioLg lepotg, kyuara- 
?ukc)v rrjv ixokw (148), ov cvjLcSedXqfxivog ovdev elg 
ttjv rfjg noXeag cortfpiav (153), <pevyuv rbv v~ep rfjg 
',-arpidog nivdvvov (154), and the like. The defence 
of the accused was, that he did not leave Athens 
with a traitorous intention [km irpodoala), but for 
the purposes of trade (km kinzopla). 4. 

The ordinary method of proceeding against those 
who were accused of treason or treasonable prac- 
tices was by elcayyelia, as in the case of Leocrates. 5 
In some cases a ypaQrj might be laid before the thes- 
mothetas. 6 We read of an old law, by which the 
jurisdiction in trials for high treason was given to 
the archon fiaoO.Evg. 1 But it could hardly be ex- 
pected that in a Greek city state offences would 
always be prosecuted according to the forms of law ; 
and we find various instances in which magistrates, 
generals, and others, took a summary method for 
bringing traitors and conspirators to justice. Thus 
a certain person, named Antiphon, who had prom- 
ised Philip to burn the Athenian arsenal, was seized 
by the council of Areopagus, and afterward put to 
the torture and condemned to death by the people. 8 
As to the power of the Areopagus, see farther Ly- 
curgus, c. Leoc, 154. The people in assembly might, 
of course, direct any extraordinary measures to be 
taken against suspected persons, as they did in the 
affair of the Hermes busts, 9 and by their tp^ia/na 
might supersede even the form of a trial. So fear- 
ful were the Athenians of any attempt to establish 
a tyranny or an oligarchy, that any person who con- 
spired for such purpose, or any person who held an 
office under a government which had overthrown 
the constitution, might be slain with impunity. 
Every citizen, indeed, was under an obligation to 
kill such a person, and for so doing was entitled by 
law to honours and rewards. 10 

The regular punishment appointed by the law for 
most kinds of treason appears to have been death, 11 



1. (Xen., Cyrop., vi., 4, $ 14 ; 3, 9 27.— Eurip., Phoeniss., 1003. 
— Andoc., c. Alcib., 30, ed. Steph. — Lycurg., c. Leocr , 157, ed. 
Steph. — Demosth., Pro Cor., 242.) — 2. (Deniosth., TtEfl ovvra\., 
ITO.—JExh., c. Timarch., 1.— Id., c. Ctes., 82, ed. Stepb.— Lys., 
Pro Polyst., 159, ed. Steph.)— 3. (Aristoph., Eq., 236, 475, 862. 
— Vesp., 483, 953.— Wachsmuth, HeU. Alt., I., ii., 154 ; II., i., 
178.)— 4. (See Argument, and p. 155.)— 5. (Pollux, Onom., viii., 
52.)— 6. (Demosth., c. Steph., 1137.)— 7. (Meier, Att. Proc, 50.) 
— 8. (Demosth., Pro Cor., 271.— JEsch., c. Ctes., 89, ed. Steph.) 
—9. (Thucyd., vi., 60, 61.)— 10. (Andoc., De Myst., 12, 13, ed. 
Steph.— Lys., Arjfi. Kara\. aTzo\., 172, ed. Steph.) — 11. (Xen., 
Hellen., i., 7, i> 22.— Demosth., Pro Cor., 238.— Lycurg., c. Leocr., 
148, 152, ed. Stepb.) 



which, no doub\ might be mitigated by decree of 
the people, as in the case of Miltiades 1 and many 
others. The less heinous kinds of irpodoma were 
probably punished at the discretion of the court 
which tried them. 2 The goods of traitors who 
suffered death were confiscated, and their houses 
razed to the ground ; nor were they permitted to 
be buried in the country, but had their bodies cast 
out in some place on the confines of Attica and 
Megara. Therefore it was that the bones of The- 
mistocles, who had been condemned for treason, 
were brought over and buried secretly by his 
friends. 3 The posterity of a traitor became arifioi, 
and those of a tyrant were liable to share the fate 
of their ancestor. 4 Traitors might be proceeded 
against even after their death, as we have seen 
done in modern times. Thus the Athenians re- 
solved to prosecute Phrynichus, who had been 
most active in setting up the oligarchy of the Four 
Hundred (rbv veupbv npivziv Trpodootag), and also to 
subject his defenders to the punishment of traitors 
in case of a conviction. This was done. Judgment 
of treason was passed against Phrynichus. His 
bones were dug up, and • ast out of Attica ; his de- 
fenders put to death ; and his murderers honoured 
with the freedom of the ci.y. 5 

IIP0A02'IA2 TPA<PH (ivpodoaiag ypacpn). (Vid. 
Prodosia.) 

PROEDRI. (Vid. Boule, p. 168, 170.) 

PROEDROS1A or PROEDROSTAI (npor]dp6aia 
and irpoTjdpoolai) were sacrifices (or, according to 
other writers, a festival) offered to Demeter at the 
time when the seeds were sown, for the purpose of 
obtaining a plentiful harvest. 6 According to Suidas, 
the Athenians performed this sacrifice in 01. 5, on 
behalf of all the Greeks ; but from all the other ac- 
counts it would appear that the Athenians did so 
at all times, and that the instance mentioned by 
Suidas is only the first time that proedrosia w r ere 
offered by the Athenians for all the Greeks. They 
are said to have been instituted on the command of 
some oracle, at a time when all the world was suffer- 
ing from scarcity or from the plague. 7 

PROEIS'PHORA (irpoeio<popa). ( Vid. Eisphoka, 
p. 392.) 

IIPOEI2<POPA2 AIKH (irpoetaQopag diKy), an ac- 
tion brought by a member of a symmoria, to re- 
cover a rate paid on account of another. The sym- 
moriae being so arranged that three hundred of the 
richest men were selected to form a superior board, 
responsible to the state in the first instance for the 
collection of a property tax, the people passed a 
decree, in case of need, commanding them to paj 
the whole tax in advance. These then were en- 
titled to be reimbursed by the remaining nine hun- 
dred of the symmoriae, and each of them probably 
had a certain number assigned to him by the strat- 
egi for that purpose, against w r hom he might 
bring actions for contribution according to their re- 
spective assessments. To recover money so ad- 
vanced was called TrpoeioQopav KOfxi&odac. 8 This 
cause, like others relating to the property tax and 
the trierarchy, belonged to the jurisdiction of the 

PROELIA'LES DIES. (Vid. Dies, p. 362.) 
PROFESTI DIES. (Vid. Dies, p. 362.) 
PROGAMEIA. (Vid. Marriage. Greek, page 
619.) 



1. (Herod., vi., 136.)— 2. (Demosth., c. Timocr., 740.— Id., c. 
Theocr., 1344.)— 3. (Thucyd., i., 138.)— 4. (Meursius, Them. 
Att., ii., 2, 15. — Platner, Proc. und Klag., ii., 82. — Meier, Att. 
Proc, 341, De bonDamn., 11-13, 136.)— 5. (Thucyd., viii., 92.— 
Lysias, c. Agor., 136.— Lycurg., c. Leocr., 164, ed. Steph.) — 6. 
(Suidas. — Hesych. — Etvmol. Mag., s. v. — Arrian in Epict., iii., 
21.)— 7. (Suid., s. v. E«p£0-tcii'i7.— Compare Lycurg., Fragm., c. 
Menes.) — 8. (Demosth., c. Pantaen., 977. — Id., c. Phsenipp. 
1046.— Id., c. Polycl., 1208.)— 9. (Biickh, Staatsh. der Ath., ii., 
70, 71.— Meier, Att. Proc, 107, 550.) 

811 



PROSCRIPTIO. 



PROTRYGIA. 



PROIX (icpoi!-). (Vid. Dos, Greek.) 
PRO^ETA'RII. (Vid. Caput.) 
PROMETHEFA (UpopTJdeia), a festival celebra- 
ted at Athens in honour of Prometheus. 1 The 
time at which it was solemnized is not known, but 
it was one of the five Attic festivals which were 
held with a torch-race in the Ceramicus 2 (compare 
jLampadephoria), for which the gymnasiarch had 
to supply the youths from the gymnasia. Prome- 
theus himself was believed to have instituted this 
torch-race, whence he was called the torch-bearer. 3 
The torch-race of the Prometheia commenced at 
the so-called altar of Prometheus in the Academia, 4 
or in the Ceramicus, and thence the youths with 
their torches raced to the city. 5 

PROMISSOR. (Vid. Obligations, p. 673.) 
PROMULSIS. (Vid. Cgena, p. 275.) 
PRO'NUB^E, PRO'NUBI. ( Vid. Marriage, Ro- 
man, p. 625.) 

PROPNIGE'UM. (Vid. Baths, p. 151.) 
PROPRIETOR. (Vid. Provincia.) 
PROPRFETAS. (Vid. Dominium.) 
PROQILESTOR. (Vid. Quaestor.) 
PRORA. (Fid. Ships.) 
PROSCE'NIUM. (Vid. Theatrum.) 
PROSCLE'SIS (irpoGKATiaLc). (Vid. Dice, p. 358.) 
PROSCRIPTIO. The verb proscribe™ properly 
signifies to exhibit a thing for sale by means of a 
bill or advertisement : in this sense it occurs in a 
great many passages. But in the time of Sulla it 
assumed a very different meaning, for he applied it 
to a measure of his own invention, 6 namely, to the 
sale of the property of those who were put to death 
at his command, and who were themselves called 
proscripti. Towards the end of the year 82 B.C., 
Sulla, after his return from Praeneste, declared be- 
fore the assembly of the people that he would im- 
rove their condition, and punish severely all those 
who had supported the party of Marius. 7 The 
people appear tacitly to have conceded to him all 
the power which he wanted for the execution of his 
design, for the lex Cornelia de Proscriptione etPro- 
scriptis was sanctioned afterward, when he was 
made dictator. 8 This law, which was proposed by 
the interrex L. Valerius Flaccus at the command of 
Sulla, is sometimes called lex Cornelia 9 and some- 
times lex Valeria. Cicero 10 pretends not to know 
whether he should call it a lex Cornelia or Valeria." 
Sulla drew up a list of the persons whom he 
wished to be killed, and this list was exhibited in 
the Forum to public inspection. Every person con- 
tained in it was an outlaw, who might be killed by 
any one who met him with impunity, even by his 
slaves and his nearest relatives. All his property 
w r as taken and publicly sold. It may naturally be 
supposed that such property was sold at a very low 
price, and was in most cases purchased by the 
friends and favourites of Sulla ; in some instances, 
only part of the price was paid at which it had been 
purchased. 12 The property of those who had fallen 
in the ranks of his enemies was sold in the same 
manner. 13 Those who killed a proscribed person, or 
gave notice of his place of concealment, received 
two talents as a reward ; and whoever concealed 
or gave shelter to a proscribed, was punished with 
death. 14 But this was not all ; the proscription was 
regarded as a corruption of blood, and, consequent- 

1. (Xen., De Rep. Ath., 3, *} 4.— Harpocrat., s. v. Aaixndg.)— 
2. (Harpocrat., 1. c— Schol. ad Aristoph., Ran., 131.)— 3. (Hy- 
gin., Poet. Astron., ii., 15.— Eurip., Phoeniss., 1139.— Philostr., 
Vit. Soph., ii., 20.)— 4. (Paus.,i., 30, t) 2.)— 5. (Welcker, ^Eschyl. 
Trilog., p. 120, &c.)— 6. (Veil. Paterc, ii., 28.)— 7. (Appian, 
Bell. Civ., i., 95.)— 8. (Cic, De Leg., i., 15.— Id., De Leg. Agr., 
iii., 2, &c— Appian, Bell. Civ., i., 98.)— 9. (Cic. inVerr., i.,47.) 
— 10. (Pro Rose. Amer., 43.)— 11. (Compare Schol. Gronov., p. 
435, ed. Orelli.) — 12. (Salhist, Fragm., p. 238, ed. Gerlach.) — 
13. (Cic, Pro Rose. Amer., 43.)— 14. (Cic. m Verr., ii, 47,— 
Plut., Sal , 31.— Suet., Jul., 11.) 
812 



ly, the sons and grandsons of proscribed persona 
were forever excluded from all public offices. 1 

After this example of a proscription had once 
been set, it was readily adopted by those in power 
during the civil commotions of subsequent years. 
This was the case during the triumvirate of Anto- 
nius, Caesar, and Lepidus (43 B.C.). Their pro- 
scription was not less formidable than that of Sulla, 
for 2000 equites and 300 senators are said to have 
been murdered. 2 

PROSECUTO'RIA ACTIO. (Vid. Actio, p. 17.) 
PROSTIME'MA (npooTipypa). (Vid. Timema.) 
PROST'ATES (TxpoaraTrjc). (Vid. Libertus, 
Greek ; Metoikoi.) 

IIPOST'ATHS TOT AH'MOY (npoaTurrjc tov 6f,- 
juov), a leader of the people, denoted at Athens and 
in other democratical states a person who by his 
character and eloquence placed himself at the head 
of the people, and whose opinion had the greatest 
sway among them : 3 such was Pericles. It appears, 
however, that irpooTaTTic tov dqpov was also the 
title of a public officer in some Doric states. 4 

PROTH'ESIS (izpodeoic). (Vid, Funus, p. 456.) 
PROTHES'MIA (Tzpodeapca), the term limited for 
bringing actions and prosecutions at Athens. In 
all systems of jurisprudence some limitation of this 
sort has been prescribed, for the sake of quieting 
possession, and affording security against vexatious 
litigation. The Athenian expression Trpodeopiac 
vopoc corresponds to our statute of limitations , The 
time for commencing actions to recover debts or 
compensation for injuries appears to have been lim- 
ited to five years at Athens. Tolc adiKovpivoic 6 
26/lwv to. irevre errj iicavdv Tiyrjaar' eivai etoTrpd^aa- 
6at. 5 Inheritance-causes stood on a peculiar foot- 
ing. When an estate had been adjudged to a party, 
he was still liable to an action at the suit of a new 
claimant for the whole period of his life, and his 
heir for five years afterward. This arose from the 
anxiety of the Athenians to transmit inheritances in 
the regular line of succession. (Vid. Heres, Greek.) 
The liability of bail continued only for a year (eyyvat 
eTTETeioi rjoav), and, of course, no proceeding could 
be taken against them after the expiration of the 
year. 6 It is doubtful whether any period was pre- 
scribed for bringing criminal prosecutions, at least 
for offences of the more serious kind, though, of 
course, there would be an indisposition in the jury 
to convict if a long time had elapsed since the of- 
fence was committed. 7 Certain cases, however, 
must be excepted. The ypafyrj napavopov could 
only be brought within a year after the propounding 
of the law ; 8 and the zvQbvai against magistrates 
were limited to a certain period, according to Pol- 
lux. 9 Amnesties or pardons, granted by special 
decrees of the people, scarcely belong to this sub- 
ject. 10 The term irpodeopia is applied also to the 
time which was allowed to a defendant for paying 
damages, after the expiration of which, if he had 
not paid them, he was called vrrepvpepoc, virepirpo- 
deawoc, or kK.TTp6deo-p.oe. 11 

PROTHYRA (rrpodvpa). (Vid. House, Greek, 
p. 514.) 

PROTRYGIA (Uporpvyia), a festival celebrated 
in honour of Dionysus, surnamed Protryges, and of 
Poseidon. 12 The origin and mode of celebration of 

1. (Plut., 1. c.-Vell. Paterc, ii., 28.— Quintil., xi., I, 85.)— 2 
(Appian, Bell. Civ., iv., 5.— Veil. Paterc, ii., 66.— Suet., Octav. 
27.— Liv., Epit., lib. 120.)— 3. (Plato, Rep., viii., p. 565, c.)~- 4. 
(Miiller, Dor., iii., 9, $ 1. — Wachsmuth, i., 2, p. 435, &c — G 
C. Miiller, De Corcyr. Repub., p. 49. — K. F. Hermann, Lehr- 
buch, &c, $ 69, 3, 4.)— 5. (Demosth., Pro Phorm., 952— Id., c 
Nausim., 989. — Harpocrat., s. v. YlpoQsanias vofios.) — 6. jDo- 
mosth., c Apatur., 901.)— 7. (Lys., c Simon., 98.— Utpi tov arj' 
kov, 109 ; c Agor., 137, ed. Steph.)— 8. (Uapavdy^v ypaQfj, and 
Schom., De Comit., 278.) — 9. (Onom., viii., 45.) — 10. (Vid. 
^Esch., c Timarch., 6, ed. Steph.)— 11. (Meier, Att. Proc, 636^ 
746.)— 12. (Hesych., s. v.— ^Elian, V. H., iii., 41.) 



PROVINCIA. 



PROVINC1A. 



this festival at Tyre are described by Achilles Ta- 
tius l 

PROVIN'CIA. The original meaning of this 
word seems to be "a duty" or "matter intrusted 
to a person," as we see in various passages ; though 
some writers, apparently not correctly, consider 
this sense of " provincia" to be derived from that 
ordinary acceptation of it which will presently be 
mentioned. The etymology appears to be uncer- 
tain ; but, if the usual orthography be correct, it is 
difficult to assign any other meaning to the verb 
than to " push forward," to " drive before one," and 
in this sense provincia is the commission which a 
Roman general received to drive the enemy from 
the Roman state. 9 Bat this sense of the word, if 
it was the original one, became changed in the 
course of time, or perhaps it received additions to 
its meaning. Thus, for instance, in tbe age of 
Cicero, provincia denoted a part of the Roman do- 
minion beyond Italy which had a regular organiza- 
tion and was under Roman administration. This 
is the ordinary sense of the word, that of a foreign 
territory in a certain relation of subordination to 
Rome. It is clear, however, from Livy, 3 that the 
word was also used, before the establishment of 
any provincial governments, to denote a district or 
enemy's country which was assigned to a general 
as the field of his operations ; a circumstance which 
confirms the correctness of the primary meaning of 
the word, as above explained. 

The Roman §tate, in its complete development, 
consisted of two parts with a distinct organization, 
Italia and the provinciae. There were no provin- 
ciae in this sense of the word till the Romans had 
extended their conquests beyond Italy ; and Sicily* 
was the first country that was made a Roman prov- 
ince : Sardinia was made a province B.C. 235. The 
Roman province of Gallia Ulterior in the time of 
Caesar was sometimes designated simply by the 
term provincia,* a name which has been perpetuated 
in the modern Provence. 

A conquered country received its provincial or- 
ganization either from the Roman commander, 
whose acts required the approval of the senate, or 
the government was organized by the commander 
and a body of commissioners appointed by the sen- 
ate out of their own number. The mode of dealing 
with a conquered country was not uniform. When 
constituted a provincia, it did not become to all pur- 
poses an integral part of the Roman state ; it 
retained its national existence, though it lost its 
sovereignty. The organization of Sicily was com- 
pleted by P. Rupilius, with the aid of ten legates, 
and his constitution is sometimes referred to under 
the name of leges Rupiliae. (Vid. Lex, p. 585.) The 
island was formed into two districts, with Syracuse 
for the chief town of the eastern, and Lilybaeum of 
the western district : the whole island was admin- 
istered by a governor annually sent from Rome. 
He was assisted by two quaestors, and was accom- 
panied by a train of praecones, scribae, haruspices, 
and other persons, who formed his cohors. The 
quaestors received from the Roman asrarium the 
necessary sums for the administration of the island, 
and they also collected the taxes, except those 
which were farmed by the censors at Rome. One 
quaestor resided at Lilybaeum, and the other with 
the governor or praetor at Syracuse. The governor 
could dismiss the quaestors from the province if 
they did not conform to his orders, and could appoint 
legati to do their duties. The whole island was not 
treated exactly in the same way. Seventeen con- 
quered towns forfeited their land, which was re- 

1. (ii., init.) — 2. (Gottling, Gesch. der R«m. Staatsv., p. 413.) 
—3. (ii., 40 ; iii., 2.)— 4. (Cic. in Verr., II., ii.)— 5. (Cses., Bell. 
OalL, i., 1,7, &c.) 



stored on condition of the payment of the decimoe 
and the scriptura. But this restoration must not 
be understood as meaning that the ownership of 
the land was restored, for the Roman state became 
the owner of the land, and the occupiers had at 
most a possessio. These taxes or dues were let to 
farm by the censors at Rome. Three cities, Mes- 
sana, Tauromenium, and Netum, were made foeder- 
atae civitates, and retained their land. The duties 
of fcederatae civitates towards the Roman state are 
explained in another place. (Vid. Fcederatae Civ- 
itates.) Five other cities, among which were 
Panormus and Segesta, were liberae et immunus, 
that is, they paid no decimae ; but it does not appeal 
whether they were free from the burdens to which 
the fcederatae civitates, as such, were subject bv 
virtue of their foedus with Rome. Before the Ri> 
man conquest of Sicily, the island had been subject 
to a payment of the tenth of wine, oil, and othei 
products, the collecting of which had been deter- 
mined with great precision by a law or regulation 
of King Hiero (lex Hier&nica). The regulations ol 
Hiero were preserved, and these tenths were let to 
farm by the quaestors in Sicily to Sicilians and 
Romans settled in Sicily: the tenths of the first- 
mentioned towns were let to farm to Romans in 
Rome. The towns which paid the tenths were 
called by the general name of stipend iariae. 

For the administration of justice, the island was 
divided into fora or conventus, which were terri- 
torial divisions. Sicilians who belonged to the same 
town had their disputes settled according to its 
laws ; citizens of different towns had their disputes 
decided by judices appointed by lot by the governor ; 
in case of disputes between an individual and a 
community, the senate of any Sicilian town might 
act as judices, if the parties did not choose to have 
as judices the senate of their own towns ; if a 
Roman citizen sued a Sicilian, a Sicilian was ju- 
dex ; if a Sicilian sued a Roman citizen, a Roman 
was judex; but no person belonging to the co- 
hors of a praetor could be judex. These were 
the provisions of the Rupiliae leges. Disputes be- 
tween the lessees of the tenths and the aratores 
were decided according to the rules of Hiero. 1 The 
settlement of the municipal constitution of the 
towns was generally left to the citizens ; but in 
some instances, as in the case of C. Claudius Mar- 
cellus and the town of Alesa, a constitution was 
given by some Roman, at the request, as it appears, 
of the town. The senate and the people still con 
tinued as the component parts of the old Greek 
cities. Cicero mentions a body of 130 men, called 
censors, who were appointed to take the census of 
Sicily every five years, after the fashion of the 
Roman census. 8 The island was also bound to 
furnish and maintain soldiers and sailors for the 
service of Rome, and to pay tributum for the carry- 
ing on of wars. The governor could take provisions 
for the use of himself and his cohors on condition 
of paying for them. The Roman state had also 
the portoria, which were let to farm to Romans at 
Rome. 

The governor had complete jurisdictio in ihe 
island, with the imperium and potestas. He could 
delegate these powers to his quaestors, but there 
was always an appeal to him, and for this and other 
purposes he made circuits through the different con- 
ventus. 

Such was the organization of Sicilia as a prov- 
ince, which may be taken as a sample of the gen- 
eral character of Roman provincial government. 
Sicily obtained the Latinitas from Julius Caesar, and 
the civitas was given after his death ; 3 lat, notwith* 

1. (Cic. in Verr., II., ii., 13.)— 2. (in Verr., II., ii., 55. Ac.)- 
3. (Cic. ad AH., xiv., 12.) 

813 



PROVINCIA. 



PROVINCIA. 



sta/iding this, there remained some important dis- 
tinctions between Sicily and Italy, as hereafter ex- 
plained. The chief authority for this account of 
the provincial organization of Sicily is the Verrine 
orations of Cicero. 

Hispania was formed into two provinces, Ci- 
terior or Tarraconensis, and Ulterior or Baetica. 
Hispania Citerior was divided into seven conven- 
tus : Carthaginiensis, Tarraconensis, Caesaraugusta- 
nus, Cluniensis, Asturum, Lucensis, and Bracarum. 
The diversity of the condition of the several parts 
of the province appears from the enumeration of 
coloniae, oppida civium Romanorum, Latini vete- 
res, Fcederati, oppida stipendiaria. Hispania Baeti- 
ca was divided into four juridici conventus : Gadi- 
tanus, Cordubensis, Astigitanus, Hispalensis. The 
oppida consisted of coloniae, municipia, Latio anti- 
quitus donata, which appear to be equivalent to La- 
tini veteres, libera, fcederata, stipendiaria. 1 The 
provincia of Lusitania was divided into three con- 
ventus : Emeritensis, Pacensis, and Scalobitanus. 
The classes of oppida enumerated are coloniae, mu- 
nicipia civium Romanorum, oppida Latii antiqui or 
veteris, stipendiaria. 2 This example will give some 
idea of the Roman mode of administering a prov- 
ince for judicial purposes. All Hispania received 
the Latinitas from Vespasian. 3 The province paid a 
fixed vectigal or land-tax in addition to the tributum 
which was collected by praefecti, and in addition to 
being required to deliver a certain quantity of corn. 
And the praetor had originally the right to purchase 
a twentieth part at what price he pleased.* 

This organization was not confined to the West- 
ern provinces. In Asia, for instance, there was a 
Smyrnaeus conventus which was frequented by a 
great part of iEolia ; the term conventus was ap- 
plied both to the territorial division made for the ad- 
ministration of justice, and also to the chief city 
or place " in quern conveniebant" Ephesus gave 
name to another conventus. As the conventus 
was mainly formed for judicial purposes, the term 
jurisdictio is sometimes used as an equivalent. 
Thus Pliny 5 speaks of the Sardiana jurisdictio, 
which is the same as Sardianus conventus. The 
object of this division is farther shown by such 
phrases as " eodem disceptant foro" " Tarracone dis- 
ceptant populi xliii." 

Strabo remarks 6 that the boundaries of Phrygia, 
Lydia, Caria, and Mysia were confused, and that 
the Romans had added to the confusion by not at- 
tending to the subsisting national divisions, but ma- 
king the administrative divisions different (rag 6lol- 
Kjjaeig), in which are the fora (uyopdg, MS.) and the 
administration of justice. The word uyopd prob- 
ably represents conventus (as to the reading, see 
Casaubon's note). The conventus, it appears, were 
sometimes held (conventus acti) in the winter ; 7 but 
in Caesar's case this might be a matter of conve- 
nience. Cicero proposed to do the same in his 
province. 8 The expression "forum agere" is equiv- 
alent to " conventum agere.'''' 

The conventus were attended by the Romans 
who were resident in the province, among whom 
were the publicani, and generally by all persons 
who had any business to settle there. The judices 
for the decision of suits were chosen from the per- 
sons who attended the conventus. Other acts were 
also done there which were not matters of litigation, 
but which required certain forms in order to be legal. 
In the case of manumission by persons under thir- 
ty years of age, certain forms were required by the 
lex ^Elia Sentia, and in the provinces it was effect- 



1. (Plin., iii., 1, 3.)— 2. (Plin., iv., 22.)— 3. (Plin., ii., 3.)— 4. 
JLiv., xliii., 2.— Compare Tacit.. Agric, 19.— Cic. in Verr., iii., 
SI, De aestimato frumento )— 5. (v., 29.)— 6. (xiii , p. 629.)— 7. 
'Cass., B. Gall., i., 54 ; vi., 44.)— 8. (<«1 Att., v., 14.) 
814. 



ed on the last day of the conventus ; l from which 
it appears that conventus means also the time du- 
ring which business was transacted at the place " in 
quern conveniebant." 

The governor, upon entering on his duties, pub- 
lished an edict, which was often framed upon the 
Edictum Urbanum. Cicero, when proconsul of Ci- 
licia, says that on some matters he framed an edict 
of his own, and that as to others he referred to the 
Edicta Urbana. 2 Though the Romans did not for- 
mally introduce their law into the provinces, and so 
much of it as applied to land and the status of per- 
sons was inapplicable to provincial land and provin- 
cial persons, great changes were gradually intro- 
duced by the edictal power, both as to the forms of 
procedure and all other matters to which the Ro- 
man law was applicable, and also by special enact- 
ments. 3 

There was one great distinction between Italy 
and the provinces as to the nature of property in 
land. Provincial land could not be an object of 
Quiritarian ownership, and it was accordingly ap- 
propriately called possessio. The ownership of pro- 
vincial land was either in the populus or the Caesar : 
at least this was the doctrine in the time of Gaius. 4 
Provincial land could be transferred without the 
forms required in the case of Italian land, but it 
was subject to.the payment of a land-tax (vectigal). 
Sometimes the jus Italicum was given to certain 
provincial towns, by which their lands were assimi- 
lated to Italian land for all legal purposes. With 
the jus Italicum such towns received a free consti- 
tution, like that of the towns of Italy, with magis- 
trates, as decemviri, quinquennales (censores), and 
aediles, and also a jurisdictio. It was a ground of 
complaint against Piso that he exercised jurisdictio 
in a libera civitas. 5 Towns possessing the jus Ital- 
icum in Hispania, Gallia, and other countries, are 
enumerated. The Latinitas or jus Latii also, which 
was conferred on many provincial towns, appears tc 
have carried with it a certain jurisdictio ; and those 
who filled certain magistratus in these towns there- 
by obtained the Roman civitas. 6 It is not easy to 
state what was the precise condition of the coloniae 
Romanae and Latinae which were established in the 
provinces : if the name is a certain indication of 
their political condition, that is pretty well ascer- 
tained. 

It has been stated that the terms Italia and pro- 
vinciae are opposed to one another as the component 
parts of the Roman state, after it had received its 
complete development. Under the emperors we find 
Gallia Cisalpina or Citerior an integral part of Italy, 
and without a governor, the provincial organization 
having entirely disappeared. In the year B.C. 49, 
when Caesar crossed the Rubicon on his march to- 
wards Rome, it was a province of which he was 
proconsul, a circumstance which gives a distinct 
meaning to this event. Cicero still calls it Provin- 
cia Gallia at the epoch of the battle of Mutina. In 
the autumn of B.C. 43, D. Brutus, the proconsul of 
the Provincia Gallia, was murdered, and from that 
time we hear of no more proconsuls of this prov- 
ince, and it is a reasonable conjecture that those 
who then had all the political power were unwilling 
to allow any person to have the command of an 
army in a district so near to Rome. The name 
Italia was, however, applied to this part of Italia 
before it became an integral portion of the peninsu- 
la by ceasing to be a provincia. 7 On the determi- 
nation of the provincial form of government in Gal- 
lia Cisalpina, it was necessary to give to this part 



1. (Gaius, i., 20.)— 2. (ad Att., vi., 1.)— 3. (Gaius, i., 153, 185 ; 
ii., 122.)— 4. (ii., 7.)— 5. (Cic, De Prov. Cons., 3.)— 6. (Strab., 
d. 186, ed. Casaub.)— 7. (Caes., BeH. Gall., i., 54 ; v., 1 ; vi., 44 

o _ V>:- TVL.l _ lfl \ 



&c— Cic, Phil., v.. 12 » 



PROVINCIA. 



PRO VINCI A. 



of Italy a new organization suited to the change of 
circumstances, particularly as regarded the admin- 
istration of justice, which was effected by the lex 
Rubria de Gallia Cisalpina. The proconsul of Gal- 
lia Cisalpina had the imperium, but, on his functions 
ceasing, the jurisdictio was placed in the hands of 
the local magistrates who had not the imperium. 
These magistratus could give a judex : in some ca- 
ses their jurisdiction was unlimited ; in others it did 
not extend to cases above a certain amount of mon- 
ey ; they could remit a novi operis nuntiatio, require 
a cautio in case of damnum infectum, and, if it was 
not given, they could grant an action for damages. 

The Roman provinces up to the battle of Actium, 
as enumerated by Sigonius, are, Sicilia, Sardinia 
et Corsica, Hispania Citerior et Ulterior, Gallia Ci- 
terior, Gallia Narbonensis et Comata, Illyricum, 
Macedonia, Achaia, Asia, Cilicia, Syria, Bithynia et 
Pontus, Cyprus, Africa, Cyrenaica et Creta, Nu- 
midia, Mauritania. Those of a subsequent date, 
which were either new or arose from a subsequent 
division, are, according to Sigonius, Rhaetia, Nori- 
cum, Pannonia, Mcesia, Dacia, Britannia, Maurita- 
nia Caesariensis and Tingitana, /Egyptus, Cappa- 
docia, Galatia, Rhodus, Lycia, Commagene, Judaea, 
Arabia, Mesopotamia, Armenia, Assyria. The ac- 
curacy of this enumeration is not warranted. It 
will appear that it does not contain Lusitania, 
which is one of the two divisions of Hispania Ulte- 
rior, the other being Baetica : Lusitania may, how- 
ever, not have had a separate governor. Original-, 
ly the whole of Spain, so far as it was organized, 
was divided into the two provinces Citerior and Ul- 
terior ; the division of Ulterior into Baetica and Lu- 
sitania belongs to a later period. Under Augustus, 
Gallia was divided into four provinces : Narbonen- 
sis, Celtica or Lugdunensis, Belgica, and Aquitania. 
The Provincia of Caesar's Commentaries, from 
which term the modern name Provence is derived, 
appears to have corresponded to the subsequent 
province Narbonensis. He had also the province 
of Gallia Cisalpina or Citerior, 1 which, as already 
explained, was subsequently incorporated with Ita- 
lia as an integral part of it. Cicero speaks of the 
two Gallise as then united in one imperium under 
C. Julius Caesar, and he farther distinguishes them 
by the names of Citerior and Ulterior. 2 The same 
expressions are used by Caesar in his Commenta- 
ries. 3 

Strabo* gives the division into provinces (kirup- 
Xiat) as constituted by Augustus. The provinces 
of the populus (6rjfj,og) were two consular provinces 
(virariKai) and ten praetorian provinces {arparriyiaL). 
The rest of the eparchies, he says, belong to the 
Caesar. Lusitania is not enumerated among the 
eparchies of the populus, and if it was a distinct 
eparchy, it must have belonged to the Caesar ac- 
cording to the principle of the division of the prov- 
inces, as stated by Strabo. The list of provinces in 
the " Demonstrate Provinciarum" 5 mentions the 
province of Asturia et Galloeca Lusitania. Dion 
Cassius' states the distribution of the provinces by 
Augustus as follows : the provinces of Africa, Nu- 
midia, Asia, Hellas (Achaea) with Epirus, Dalmatia, 
Macedonia, Sicilia, Creta with the Cyrenaica, Bi- 
thynia with the adjacent Pontus, Sardinia, and Bae- 
tica, belonged to the senate and the people ((%/of 
and yepovaia) ; Tarraconensis, Lusitania, all Gal- 
Ma, Coele-Syria, Phoenice, Cilicia, Cyprus, and iEgyp- 
tus, belonged to Augustus. He afterward took Dal- 
matia from the senate, and gave to them Cyprus 
and Gallia Narbonensis, and other changes were 
made subsequently. 

1 (C*s., B. Gall., i., 54 )— 2. (De Prov. Cons., ii., 15. 16.)— 
3. (Roll. Gall , i., 7 ; v., 1, 2.)— 4. (xvii., p. 840, ed. Casaub.)— 
5. (Mythog. Vat., Bod« )— 6. <liii., 12.) 



At first praetors were appointed as governors ol 
provinces, but afterward they were appointed to the 
government of provinces upon the expiration of 
their year of office at Rome, and with the title of 
propraetores. In the later times of the Republic, 
the consuls also, after the expiration of their year of 
office, received the government of a province, with 
the title of proconsules : such provinces were called 
consulares. Cicero was proconsul of Cilicia B.C. 
55, and his colleague in the consulship, C. Antoni- 
us, obtained the proconsulship of Macedonia imme- 
diately on the expiration of his consular office. The 
provinces were generally distributed by lot, but the 
distribution was sometimes arranged by agreement 
among the persons entitled to them. By a Sempro 
nia lex the proconsular provinces were annually de- 
termined before the election of the consuls, the ob- 
ject of which was to prevent all disputes. A sena- 
tusconsultum of the year 55 B.C. provided that no 
consul or praetor should have a province till after the 
expiration of five years from the time of his consul- 
ship or praetorship. A province was generally held 
for a year, but the time was often prolonged. When 
a new governor arrived in his province, his prede- 
cessor was required to leave it within thirty days. 

The governor of a province had originally to ac- 
count at Rome {ad urbem) for his administration 
from his own books and those of his quaestors ; but 
after the passing of a lex Julia, B.C« 61, he was 
bound to deposite two copies of his accounts (ratio- 
nes) in the two chief cities of his province, and to 
forward one {tolidem verbis) to the ^Erarium. 1 If 
the governor misconducted himself in the adminis 
tration of the province, the provincials applied to 
the Roman senate, and to the powerful Romans 
who were their patroni. The offences of repetundae 
and peculatus were the usual grounds of complaint 
by the provincials ; and if a governor had betrayed 
the interests of the state, he was also liable to 
the penalties attached to majestas. Quaestiones 
were established for inquiries into these offences ; 
yet it was not always an easy matter to bring a 
guilty governor to the punishment that he deserved. 

With the establishment of the imperial power un- 
der Augustus, a considerable change was made in 
the administration of the provinces. Augustus took 
the charge of those provinces where a large military 
force was required ; the rest were left to the care 
of the senate and the Roman people. 2 Accordingly, 
we find in the older jurists 3 the division of provinciae 
into those which were "propria populi Romani," and 
those which were "propria, Casaris ;" and this di- 
vision, with some modifications, continued to the 
third century. The senatorian provinces were dis- 
tributed among consulares and those who had filled 
the office of praetor, two provinces being given to 
the consulares and the rest to the praetorii : these 
governors were called proconsules or praesides, 
which latter is the usual term employed by the old 
jurists for a provincial governor. The praesides had 
the jurisdictio of the praetor urbanus and the praetoi 
peregrinus, and their quaestors had the same juris- 
diction that the curule aediles had at Rome.* The 
imperial provinces were governed by legati Caesaris 
with praetorian power, the proconsular power being 
in the Caesar himself, and the legati being his depu- 
ties and representatives. The legati were selected 
from those who had been consuls or praetors, or from 
the senators. They held their office and their pow- 
er at the pleasure of the emperor, and he delegated 
to them both military command and jurisdictio, just 
as a proconsul in the republican period delegated 
these powers to his legati. These legati had also 
legati under them. No quaestors were sent to the 

1. (Cic. ad Fam.,ii., 17 ; v., 20.)— 2. (Strabo, xvii., p. 840.)— 
3. (Gaius, ii., 21.)— 4. (Gaius, i., 6.) 

815 



PRO VINCI A. 



PROVINCIA. 



provinces of the Caesar, and for this reason, observes 
Gaius, this edict (hoc edictum) is not published in 
those provinces, by which he appears, from the con- 
text, to mean the edict of the curule aediles. In 
place of the quaestors, there were procuratores Cae- 
saris, who were either equites or freedmen of the 
Caesar. Egypt was governed by an eques, with the 
title of prasfectus. The procuratores looked after 
the taxes, paid the troops, and generally were in- 
trusted with the interests of the fiscus. Judaea, 
which was a part of the province of Syria, was gov- 
erned by a procurator who had the powers of a le- 
gatus. It appears that there were also procuratores 
Caesaris in the senatorian provinces, who collected 
certain dues of the fiscus, which were independent 
of what was due to the aerarium. The regular tax- 
es, as in the Republican period, were the poll-tax 
and land-tax. The taxation was founded on a cen- 
sus of persons and property, which was established 
by Augustus. The portoria and other dues were 
farmed by the publicani, as in the republican period. 

The governors of the senatorial provinces and the 
legati of the Caesar received their instructions from 
him, and, in all cases not thus provided for, they had 
to apply to the Caesar for special directions. The 
rescripta of the emperors to the provincial govern- 
ors are numerous. Justice was administered in the 
provinces according to the laws of the provinces, 
and such Roman laws as were specially enacted for 
them, and according to imperial constitutiones, se- 
tt atus consulta, and the edict of the governors. In 
some instances the provisions of Roman laws were 
extended to the provinces. 1 

The organization of the Italian towns under the 
Empire has been already explained in the article 
Colonia ; and the same observations apply, in gen- 
eral, to the senates of provincial towns which have 
been made with respect to the functions of the sen- 
ates of Italian towns. Even in the provinces, the 
names senate and senator occur in the sense, re- 
npectively, of curia and decuriones. But there was 
a great distinction between the magistratus of pro- 
vincial and those of Italian towns. The functions 
of these personages in the provincial towns were 
generally munera (burdens), and not honores. (Vid. 
Honores.) Such honores as have reference to re- 
ligious functions they certainly had, and probably 
others also ; but they had nothing corresponding to 
the duumviri juri dicundo of the Italian towns, that 
»e, no functionary " qui jus dicebat." The only ex- 
fiption were such towns as had received the jus 
italicum, the effect of which, as elsewhere explain- 
ed, appears to have been, in brief, to give to a cer- 
tain city and district the same character that it 
would have had if it had been a part of the Italic 
soil, but only so far as affected the whole district : 
X did not affect the status of individuals. Freedom 
from the land-tax, and a free constitution in Italian 
form, with duumviri J. D., quinquennales, aediles, 
and jurisdictio, were essential ingredients of this jus 
Italicum. Sicily received the civitas after the death 
cf Julius Caesar, and from the occurrence of the 
mention of duumviri in the inscriptions of a Sicilian 
.own, Savigny draws the probable inference that 
the Sicilian towns received the jus Italicum also: at 
least, if in any case we can show that any provin- 
cial city had duumviri, we may conclude that such 
city had the jus Italicum, and, consequently, magis- 
tratus with jurisdictio. The regular jurisdictio in 
all the provinces was vested in the governor, who 
exercised it personally and by his legati : with ref- 
erence to his circuits in the provincia. the governor, 
in the later ages of the Empire, was called judex 
ordinarius, and sometimes simply judex. The towns 
which had the jus Italicum were, as already observ- 

1. (Gaius, i., 47.— Ulp., Frag., xi., 20.) 
8'6 



ed, not under his immediate jurisdictio, though 8 
right of appeal to the governor from the judgment 
of the duumviri must be considered as always ex- 
isting. The provincial towns had the management 
of their own revenue ; and some of the principal 
towns could coin money. It does not appear that 
the religion of the provincials was ever interfered 
with, nor had it been put under any restraint in the 
lepublican period. 

The constitution of Caracalla, which gave the 
civitas to all the provinces and towns of the Em- 
pire, merely affected the personal status of the peo- 
ple. The land remained provincial land when the 
jus Italicum had not been communicated to it, and 
the cities which had not received the jus Italicum 
were immediately under the jurisdictio of the gov- 
ernors. This constitution, however, must have made 
considerable changes in the condition of the provin- 
cials ; for, when they all became Roman citizens, 
the Roman incidents of marriage, such as the patria 
potestas, and the Roman law of succession in case 
of intestacy, would seem to be inseparable conse- 
quents of this change, at least so far as the want of 
the jus Italicum did not render it inapplicable. 

The constitution of the provincial towns was ma- 
terially affected by the establishment of defensores, 
whose complete title is " Defensores Civitatis Plebis 
Loci." Until about the time of Constantine, so far 
as the Pandect shows, defensor was the title of per- 
sons who were merely employed in certain munici- 
pal matters of a temporary kind. In the year A.D. 
365, the defensores appear as regularly established 
functionaries. 1 They were elected by the decuri- 
ones and all the city ; but, unlike the magistratus, 
they could not be elected out of the body of decuri- 
ones. The office was originally for five years, but 
after the time of Justinian only for two years. The 
principal business of the defensor was to protect his 
town against the oppression of the governor. 3 He 
had a limited jurisdictio in civil matters, which Jus- 
tinian extended from matters to the amount of 60 
solidi to matters to the amount of 300 solidi. There 
was an appeal from him to the governor. 3 He could 
not impose a multa, but he could appoint a tutor. 
In criminal matters, he had only jurisdictio in some 
of the less important cases. 

The number of senators, both in the Italic and 
provincial towns, seems to have been generally one 
hundred ; and this was the number in Capua.* But 
the number was not in all places the same. Besides 
the actual members, the album decurionum compri- 
sed others who were merely honorary members. 
The album of the town of Canusium, of the year 
A.D. 223, which has been preserved, consists of 148 
members, of whom 30 were patroni, Roman sena- 
tors, and 2 were patroni, R.oman equites ; the re- 
mainder were 7 quinquennalicii, a term which is 
easily explained by referring to the meaning of the 
term quinquennales (vid. Colonia, p. 283), 4 allecti 
inter quinquennales, 22 duumviralicii, 19 aedilicii, 21 
pedani, 34 praetextati. The distinction between pe- 
dani and praetextati Savigny professes himself una- 
ble to explain. In many towns, the first persons in 
the list of actual senators were distinguished from 
the rest, and generally the first ten, as decemprimi, 
of which there is an example in Livy ; 5 and in the 
case of Ameria, and of Centuripae in Sicily. 6 

It has been previously shown, that, at the time 
when the Roman respubliea had attained its com- 
plete development, Italia and the provinciae were 
the two great ^raponent parts of the Empire ; and 
one great distinction between them was this, that in 



1. (Cod., i., tit. 55, " De Defensoribus.")— 2. (Cod., i., tit. 55, 
s. I.)— 3. (Nov., 15, c. 5.)— 4. (Cic. in Rull., ii., 35.)— 5. (xxix.. 
15: "Magistratus denosque principes.") — 6 (Cic. Pro Rm 
Amer., c. 9.— Id. in Verr., ii., 67 ) 



PR0VINC1A. 



PROVINC1A. 



Italia the towns had magistratus with jurisdictio ; 
In the provinces, except in places which had receiv- 
ed the jus Italicum, the governor alone had jurisdic- 
tio. But with the growth and development of the 
imperial power a greater uniformity was introduced 
into the administration of all parts of the Empire, 
and ultimately Italy itself was under a provincial 
form of government. (Vid. Colonia.) As above 
shown, the relation of the governor to the province 
was not the same when a city had magistratus and 
when it had not ; and, consequently, it was in this 
respect not the same in Italy as in the provinces. 

The constitution of Constantine was based on a 
complete separation of the civil and military power, 
which were essentially united in the old system of 
provincial government : Justinian, however, ulti- 
mately reunited the civil and military power in the 
same person. The governor, who had civil power, 
was called rector, judex, judex ordinarius ; and of 
these governors there were three classes, consu- 
lares, correctores, praesides, among whom the only 
distinction was in the extent and rank of their gov- 
ernment. In the writings of the older jurists, which 
are excerpted in the Pandect, the praeses is a gen- 
eral name for a provincial governor. 1 The military 
power was given to duces, who were under the gen- 
eral superintendence of the magistri militum. Some 
of these duces were called comites, which was ori- 
ginally a title of rank given to various functionaries, 
and among them to the duces ; and when the title 
of comes was regularly given to certain duces, who 
had important commands, the name dux was drop- 
ped, and comes became a title. This was more 
particularly the case with important com ^nds on 
the frontier. 2 The comes is mentioned in imperial 
constitutions before the dux, whence we infer his 
higher rank. 3 

It remains to add a few remarks on the exercise 
of the jurisdictio, so far as they have not been anti- 
cipated in speaking of the functionaries themselves. 
In Italy, and in the towns which had the privileges 
of Italian towns, all matters, as a general rule, came 
before the magistratus in the first instance ; but in 
certain excepted matters, and in cases where the 
amount in question was above a certain sum (the 
precise amount of which is not known), the matter 
came before the governor of the province in the first 
instance, or in Italy before the Roman praetor. Un- 
til the middle of the fourth century A.D., all matters 
in the provincial towns which had not magistratus 
came before the governor in the first instance ; but 
about this time the defensor acquired a power like 
that of the magistratus of the privileged towns, 
though more limited. The old form of proceeding 
in civil matters has been explained elsewhere (vid. 
Judex) : the magistratus empowered the judex to 
make a condemnatio ; and this institution was the 
ordo judiciorum privatorum. That which the ma- 
gistratus did without the aid of a judex was extra 
ordinem. (Vid. Interdictum.) The same institu- 
tion prevailed in those towns which had a magis- 
tratus, for it was of the essence of a magistratus or 
of jurisdictio to name a judex.* Under the emper- 
ors, it gradually became common for the magistra- 
tus to decide various cases without the aid of a ju- 
dex, and these are the extraordinariae cognitiones 
spoken of in the Digest. 5 In the reign of Dioclesian, 
the ordo judiciorum, as a general rule, was abolish- 
ed in the provinces, and the pedanei judices (hoc est 
qui negotia humiliora disccptent) were only appointed 
by the praeses when he was very much occupied 
with business, or for some trifling matters (vid. Ju- 



! (Di ? . 8, tit. 18.) — 2. (Cod. Theod., vii., tit. 1, a. 9.) — 3. 
(Cod. Theod., viii., tit. 7, s. 11 : "Ad magiitrot militum, et co- 
alites, et duces omnes.")— 4. (Lex Gall. Cisalp.. c. 20.)— 5. (50, 
»«• 13.) 



dex Pepaneus 1 ) ; and in the time of Justinian the 
institution had entirely disappeared,' and, as it is 
conjectured, both in Rome and the municipia. 

By the aid of the judices, two praetors were able 
to conduct the whole judicial business between cit- 
izens and peregrini at Rome ; and by the aid of the 
same institution, the judicial business was conduct- 
ed in the jurisdictiones out of Rome. In no other 
way is it conceivable how the work could have been 
got through. But when the ordo judiciorum was 
abolished, the difficulty of transacting the business 
must have been apparent. How this was managed 
is explained by Savigny, by referring to the growth 
of another institution. Even in the time of the Re- 
public, the praetors had their legal advisers, espe 
cially if they were not jurists themselves ; and when 
all the power became concentrated in the Caesars, 
they were soon obliged to form a kind of college for 
the despatch of business of various kinds, and par- 
ticularly judicial matters which were referred to the 
Caesar. This college was the Caesar's consistorium 
or auditorium. The provincial governors had their 
body of assessors, which were like the Caesar's au- 
ditorium ;' and it is a conjecture of Savigny, which 
has the highest probability in its favour, that the 
new institution was established in the municipal 
towns and in the provincial towns, so that here 
also the magistratus and the defensor had their as- 
sessors. 

Besides the jurisdictio which had reference to 
litigation, the so-called contentiosa jurisdictio, there 
was the voluntaria. Matters belonging to this ju- 
risdictio, as manumission, adoption, emancipation, 
could only be transacted before the magistratus 
populi Romani, and, unless these powers were spe- 
cially given to them, the municipal magistrates had 
no authority to give the legal sanction to such pro- 
ceedings ; though in the old municipia it is probabLe 
that the power of the magistratus was as little lim- 
ited in the voluntaria as in the contentiosa jurisdic- 
tio. In the imperial period it was usual to perform 
many acts before the public authorities, and in the 
three cases of large gifts, the making of a will, and 
the opening of a will, it was necessary for these 
acts to be done before a public authority. Such acts 
could be done before a provincial governor, and 
also before the curia of a city in the presence of a 
magistratus and other persons. (Compare the Con- 
stitution of Honorius, Cod. Theod., xii., tit. 1, s. 151, 
and a Novel of Valentinian, Nov. Theod., tit. 23, 
with Savigny's remarks on them.) 

Though the general administration of the Roman 
provinces is adequately understood, there are dif- 
ferences of opinion as to some matters of detail ; 
one cause of which lies in the differences which ac- 
tually existed in the administration of the provinces, 
and which had their origin in the different circum- 
stances of their conquest and acquisition, and in 
the diversity of the native customary law in the dif- 
ferent provinces, with a large part of which the Ro- 
mans originally did not interfere. A general view 
of the provinces should therefore be completed and 
corrected by a view of the several provinces 

The authorities for this imperfect view of the pro- 
vincial government have been generally refened to. 
They are, more particularly, Sigonius, Be Antiquo 
Jure Provinciarum, lib. i.-iii. — Gottling, GeschichU ' 
der Romischen Slaatsverfassung. — Walter, Geschich- 
te des Romischen Rechts, where the authorities are 
very conveniently collected and arranged, and chap. 
xxxi., notes 76, 79, wherein he differs from Savigny 
as to the jus Italicum ; in chapter xxxvii., Walter 
has described the provincial divisions of the Empire, 
which existed about the middle of the fifth century 

1. (Cod., iii., t.t •, s. 2.)— 2. (Inst., iv., tit. 15, s. 8.) — J 
(Dig. 1, tit. 22.) 

817 



PRYTANEION. 



FSEPHOS. 



A.D. — Savigny, Geschichte des Rom. Rechts im Mit- 
telalter, vol. i. — Puchta, Ueber den Inhalt der Lex 
Rubria, Zeitschrift, &c, vol. x. 

*PROUMNOS (Trpovp-voc), a name given, accord- 
ing to Galen, to the Wild Plum. 1 
PROVOCATIO. (Vid. Appellatio, Roman.) 
PROVOCATO'RES. (Vid. Gladiatores, p. 476.) 
PROXENIA (Trpofevm), PROXENOS (irpofrvoc). 
Vid. Hospitium.) 
PRUDENTES. (Vid. Jurisconsulti.) 
*PRUNUM, the Plum, called in Greek KOKuvftn- 
Aov. ( Vid. Coccymelea.) It is the fruit of the 
Prunus domestica, L. 

*PRUNUS (KOKKviirjlia), the Plum-tree, or Pru- 
nus domestica, L. (Vid. Coccymelea.) Theophras- 
tus and Dioscorides designate the Plum-tree by the 
name of KOKKVfj.elia. It is also called by Theophras- 
tus itpovvn. Galen styles it Trpovfxvn. The com- 
pound term KOKKVfxrjlia, however (meaning the tree 
that bears for fruit little balls or pillules), is the most 
classical form of expression. The term irpovvn, 
whence comes the Latin prunus, seems to be a bar- 
barian word Grascised. The Plum-tree is originally 
from the mountains in the vicinity of Damascus. 2 

PRYTANEION (Upvravelov). The Jlpvravela of 
he ancient Greek states and cities were to the 
communities living around them, the common houses 
of which they in some measure represented, what 
private houses were to the families which occupied 
Ihem. Just as the house of each family was its 
home, so was the Hpyravelov of every state or oity 
me common home of its members or inhabitants, 
and was consequently called the iaria iroleue, the 
'' focus" or " penetrale urbis." 3 This correspond- 
3nce between the TLpvravelov, or home of the city, 
md the private home of a man's family, was at 
Athens very remarkable. A perpetual fire, or rrvp 
laBeoTov, was kept continually burning on the public 
altar of the city in the Prytaneium, just as in private 
houses a fire was kept up on the domestic altar in 
the inner court of the house.* 

The same custom was observed at the Prytaneium 
of the Eleans, where a fire w T as kept burning night 
and day* Moreover, the city of Athens exercised 
in its Prytaneium the duties of hospitality, both to 
its own citizens and strangers. Thus foreign am- 
bassadors were entertained here, as well as Athe- 
nian envoys on their return home from a successful 
or well-eonducted mission. 6 Here, too, were en- 
tertained from day to day 7 the successive prytanes, 
or presidents of the senate, together with those cit- 
izens who, whether from personal or ancestral ser- 
vices to the states, were honoured with what was 
called the a'trnatc kv Hpyravelo), the " victus quotidi- 
anus in Prytaneo"* or the privilege of taking their 
meals there at the public cost. This was granted 
sometimes for a limited period, sometimes for life, 
in which latter case the parties enjoying it were 
called adaiToi. The custom of conferring this hon- 
our on those who had been of signal service to the 
state and their descendants was of so great anti- 
quity, that one instance of it was referred to the 
times of Codrus ; and in the case to which we al- 
lude, the individual thus honoured was a foreigner, 
a native of Delphi. 9 Another illustration of the 
uses to which the Prytaneium was dedicated is 
found in the oase of the daughters of Aristeides, 
who, on the death of their father, were considered 
as the adopted children of the state, and married 

1. (Galen, De Simpl., vii. — Theophr., ix., 1. — Adams, Ap- 
pend., s. t.) — 2. (Theophr., H. P., i., 18 ; iv., 1. — Dioscor., i., 
138.— Fee, Flore de Virgile, p. cxxxiv.) — 3. (Cic, De Leg., ii., 
12.— Liv., xli., 20.— Dionys., ii., 23, 65.)— 4. (Pollux, Onom., i., 
7.— Arnold ad Thucyd., ii., 15.)— 5. (Paus., v., 15, t> 5.)— 6. (Ar- 
istoph., Ach., 125.— Pollux, Onom., ix., 40.) — 7. (Bockh, Publ. 
Econ., i.,p. 329.) — 8. (Cic, De Orat., i., 54.) — 9. (Lycur., c. 
Leocr., p. 158.) 
818 



from (kicdodeco-ai) that common home of the city, lust 
as they would have been from their father's home 
had he been alive. 1 Moreover, from the ever-burn- 
ing fire of the Prytaneium, or home of a mother 
state, was carried the sacred fire which was to be 
kept burning in the prytaneia of her colonies ; and 
if it happened that this was ever extinguished, the 
flame was rekindled from the prytaneium of the pa- 
rent city. 2 Lastly, a Prytaneium was also a distin- 
guishing mark of an independent state, and is men- 
tioned as such by Thucydides, 3 who informs us that 
before the time of Theseus every city or state (no- 
lie) of Attica possessed a Prytaneium. The Achae- 
ans, we are told,* called their Prytaneium l-fjirov 
(from lecjc, populus), or the " town-hall," and exclu- 
sion from it seems to have been a sort of civil ex- 
communication. 

The Prytaneium of Athens lay under the Acrop- 
olis, on its northern side (near the ayopd), and was, 
as its name denotes, originally the place of assem- 
bly of the TTpvraveZc : in the earliest times it proba- 
bly stood on the Acropolis. Officers called npvra- 
veic were intrusted with the chief magistracy in sev- 
eral states of Greece, as Corcyra, Corinth, Miletus, 5 
and the title is sometimes synonymous with paai?.- 
eic, or princes, having apparently the same root as 
npuToc or TrpbraToc. At Athens they were in early 
times probably a magistracy of the second rank in 
the state (next to the archon), acting as judges in 
various cases (perhaps in conjunction with him), and 
sitting in the Prytaneium. That this was the case 
is rendered probable by the fact, that even in after 
times the fees paid into court by plaintiff and de- 
fendant, before they could proceed to trial, and re- 
ceived by the dicasts, were called rcpvTaveic. 6 This 
court of the Prytaneium, or the to k>rl Uovravelu, is 
said 7 to have been presided over by the QvloBaa ti- 
ne, who, perhaps, were the same as the irpvrc i rir. 

In later ages, however, and after the establish- 
ment of the courts of the heliasa, the court of the 
Prytaneium had lost what is supposed to have been 
its original importance, and was made one of the 
courts of the ephetae, who held there a species of 
mock trial over the instruments by which any indi- 
vidual had lost his life, as well as over persons who 
had committed murder, and were not forthcoming 
or detected. 

The tablets or dgovee, otherwise Kvp6eic, on which 
Solon's laws were written, 8 were also deposited in 
the Prytaneium ; 9 they were at first kept on the 
Acropolis, probably in the old Prytaneium, but after- 
ward removed to the Prytaneium in the ayopd, that 
they might be open to public inspection. 10 Ephial- 
tes is said to have been the author of this measure, 11 
but their removal may have been merely the conse- 
quence of the erection of a new Prytaneium on the 
lower site in the time of Pericles. 12 

PRY'TANEIS. (Vtd. Prytaneion, Boule, page 
168, 170.) 

*PSAR (ipdp), the Starling, or Sturnus vulgaris. 
Starlings are gregarious, and hence mention is made 
by Homer of " a cloud of starlings." 13 

*PSEN (frjv), the insect on the fig-tree which 
performs the work of caprification. It is the Cynips 
Psenes of modern naturalists. 14 

PSEPHISMA (^icfia). (Vid. Boule, p. 169; 

NOMOTHETES, p. 664.) 

PSEPHOS (frjfoc). The Athenian dicasts, in 
giving their verdict, voted by ballot. For this pur- 

1. (Plut., Arist., c. 27.) — 2. (Duker ad Thucyd., i., 24.) — 3. 
(ii.. 15.)— 4. (Herod., vii., 197.)— 5. (Wachsmuth, I., i., 194.)— 
6. (Pollux, Onom., viii., 38.)— 7. (Id. ib., viii., 120.)— 8. (Plut., 
Sol., 25.)— 9. (Paus., i., 18, 6 3.)— 10. (Pollux, Onom , viii., 128.) 
—11. (Harpocr., s. v. f O KarwOev vofioi.)— 12. (Thirlwall, Hist 
of Greece, ii., p. 54.) — 13. (Hora , II., xvii., 755. — Didymi, schol. 
ad loc. — Adams, Append., s. v.) 14. (Theoph.., H. P. \i., 9.— 
Adams, Append., s. v.) 



PSEPHQS. 



PSEUDEGGRAPHES GRAPHE. 



pose they used either seashells, x oL P' Lva h 1 or beans 
(hence the %*of is called nvap.0Tpu% by Aristopha- 
nes 2 ), or balls of metal (cxovdvtot), or stone (ifjfj- 
0oi). These last were the most common : hence 
TpriQifradai and its various derivatives are used so 
often to signify voting, determining, &c. The balls 
were either pierced (jeTpvirri[j.Evai) and whole (ttvI?/- 
pelc), the former for condemnation, the latter for ac- 
quittal, 3 or they were black and white, for the 
same purposes respectively, as the following lines 
show :* 

" Mos erat antiquus niveis atrisque lapillis, 
His damnare reos, Mis absolvere culpa.'''' 

There might be three methods of voting. First, 
the secret method, called KpvSdnv ipntpifrcdcu, when 
each dicast had two balls given him (say a black and 
a white) ; two boxes (nadoi, KaSiaKot, or a/Kpopeic) 
were prepared, one of brass, called the judgment- 
box (icvpioc), into which the dicast put the ball by 
which he gave his vote, and the other of wood, call- 
ed aKvpog, into which he put the other ball, and the 
only object of which was to enable him to conceal 
his vote. Each box had a neck or funnel {Krjjxog, i. 
c, kxidnfia p.taq ijjtjQov x^P av ^X ov )i m ^° which a 
man could put his hand, but only one ball could pass 
through the lower part into the box. 5 Secondly, 
there might, be only one box, in which the dicast put 
which of the two balls he pleased, and returned the 
other to the officer of the court. Thirdly, there 
might be two boxes, one for condemnation, the oth- 
er for acquittal, and only one ball. 6 The first method 
was most commonly practised at Athens. "Where, 
however, there were several parties before the court, 
as in inheritance causes, to one of whom an estate 
or other thing was to be adjudged, it was customary 
to have as many ballot-boxes as there were parties, 
or, at least, parties in distinct interests ; and the 
dicast put the white or whole ball into the box of 
that person in whose favour he decided. (Vid. He- 
res, Greek.) The same system of balloting was 
employed when the dicasts voted on the question 
of damages. Hence the verdict on the question, 
guilty or not guilty, or for the plaintiff or defendant 
(to distinguish it from the other), is called npurn 
\pfj(j>oc.'' A curious custom was in vogue in the 
time of Aristophanes. Each dicast had a waxen 
tablet, on which, if the heavier penalty was award- 
ed, he drew a long line (lengthway on the tablet) ; 
if the lighter penalty, he drew a short line (breadth- 
way on the tablet). We must suppose, not that the 
voting took place in this way, but that, on the votes 
being counted, the jurors took a note of the result 
for their own satisfaction ; unless we resort to this 
hypothesis, viz., that the drawing lines on the tab- 
lets was an act preliminary to the division, whereby 
the jury intimated to the parties how the matter 
was likely to go unless they came to a compro- 
mise. Such intimation might be necessary in those 
cases where, the estimates of the parties being wide- 
ly different, the one proposing too high a penalty, 
the other too low a one, the jury wished to inform 
the more unreasonable party that, unless he offered 
them some better alternative, they should adopt the 
estimate of his adversary. (As to this point, see 
Meier, Att. Proc., 181.) The tablet is called by Ar- 
istophanes iuvukiov TLfinTLKov. In the expression 
npdv ttjv fianpuv, we understand ypapp.r\v or tiutj- 
oiv. 

1. (Aristoph., Vesp., 333, 349; Eq., 1332.)— 2. (Equit., 41.)— 
3. (JEsch., c. Tiraarch., 11, ed. Steph. — Harpocr., s. v. Ttrpvirrj- 
fthri.)—4. (Ovid, Met., xv., 41.)— 5. (Aristoph., Vesp., 99, 751.) 
—6. (Harpocr., s. v. KaSlaKog.) — 7. (JEsch., c. Ctes., 82, ed. 
Steph. — Demosth., De Fals. Leg., 434 ; c. Aristocr., 676 ; c. Ar- 
istog., 795 j c. Neaer., 1347.) — 8. (Vesp., 106, 167, 850. — Com- 
pare Pollux, Onom., viii., 16, 17, 123.— Meier, Att. Proc, 720, 
-26. — Platnei; Proc. und Klag., i., 168. — Wachsmuth . II., i., 
W4 > 



In the popular assemblies, the common method of 
voting was by show of hands. (Vid. Cheirotonia. 
There were some occasions, however, when the 
ballot was employed, as when it was deemed im- 
portant that the voting should be secret, or that the 
numbers should be accurately counted. Thus, to 
pass a law for the naturalization of a foreigner, or 
for the release of a state debtor, or for the restora 
tion of a disfranchised citizen, and, indeed, in every 
case of a privilegium, it was necessary that six 
thousand persons should vote in the majority, and 
in secret. 1 On the condemnation of the ten gener- 
als who gained the battle of Arginusae, the people 
voted by ballot, but openly, according to the second 
of the plans above mentioned. The voting was 
then by tribes, Kara <j>vMc. 2 Secret voting by the 
senate of Five Hundred is mentioned in ^Eschines,' 
and in ostracism the voting was conducted in se- 
cret. 4 

The people or jury were said ipnQi&adai, frj(j>ov 
(pepetv or -decdai, to vote, or give their vote or judgment. 
*jrri<j>ov ndivai, to cast accounts, is used with a differ- 
ent allusion. 5 The presiding magistrate or officer, 
who called on the people to give their votes, was 
said einip7](])i^etv, ipijtyov knayeiv or Stdovac, though 
the last expression is also used in the sense of voting 
in favour of a person, 'i'rjyi&odai, to vote, to resolve, 
a7roipT)(j)ifrodai, to acquit, and other derivations from 
ip7}<poc, are often used metaphorically, where the 
method of voting was x tl ? orovia -> an( i conversely. 
XiipoTGvtlv, however, is not used, like ipnipifrodai, 
with the accusative of the thing voted. As to this, 
see Sehomann, Dc Com., 123. 

*PSETTA (rpr/Tra), a species of fish, mentioned 
by Aristotle, ^Elian, Oppian, and others. According 
to Adams, it would seem to have been the Pleuro- 
nectes Passer, or Sea Flounder, called in French lur- 
bot bucle. The TpfjTTa of Athenaeus, on the othe^ 
hand, is referred by Artedi and the writer on Ich- 
thyology in the Encyclopedic Methodique, to the 
Pleuronectes Platessa, or Plaise. The name is often 
'written ipirra. 6 

*EYAEITPA<1>H2 TPA<PH (ifjevdsyypa^c ypa<t>r/). 
It is shown under Practores that the name of every 
state debtor at Athens was entered in a register by 
the practores, whose duty it was to collect the debts, 
and erase the name of the party when he had paid it. 
The entry was usually made upon a return by some 
magistrate, to whom the incurring of the debt be- 
came officially known ; as, for instance, on a return 
by the Kukfirai that such a person had become a les- 
see of public lands or farmer of taxes, at such a rate 
or on such terms. In case the authorities neglected 
to make the proper return, any individual might, on 
his own responsibility, give information to the re- 
gistering officers of the existence of the debt ; and 
thereupon the officers, if they thought proper, might 
make an entry accordingly, though it would probably 
be their duty to make some inquiry before so doing. 
If they made a false entry, either wilfully, or upon 
the suggestion of another person, the aggrieved 
party might institute a prosecution against them, or 
against the person u, on whose suggestion it was 
made. Such prosecution was 'called ypatyrj ipevdey- 
ypa<j)7}c. It would lie, also, where a man was regis- 
tered as debtor for more than was really due from 
him. And the reader must understand the like rem- 
edy to be open to one who was falsely recorded as 
a debtor by the ra/iiai tuv ■&euv. Whether this 
form of proceeding could be adopted against magis- 
trates for making a false return, or whether the rem- 



1. (Andoc, De Myst., 12, ed. Steph. — Demosth., c. Timocr., 
715, 719; is. Neier., 1375.)— 2. (Xcn., Hell., i.,7, t> 9.)— 3. (c. 
Timarch, 5, ed. Steph.) — 4. (Scromann, De Comit., 121-128, 
245.) — 5. (Demosth., Pro Cor., 304.) — 6. ( Aristot., IT. A., iv., 
11 ; v., 9.— Id., ix., 37. — iElian, N. A., xiv ?.— Coray ad Xenoe., 
p. 90. — Adams, Append., s. v.) 

Hiy 



PSEUDOKLETEIAS GRAPHE. 



PSYKTErt. 



edy aga'nst them could only be at the tKi\eipoToviaL 
or evdvvai, we cannot say. The ~ypa(j>7j ijjevdeyypa<j}?jg 
was brought before the thesmothetae. If the de- 
fendant was convicted, the name of the complainant 
was struck out of the register, and that of the de- 
fendant was entered in his stead, as debtor for the 
same amount. The ypa^rj (3ovlevGEag was similar 
to this, only it lay in those cases where a man who 
had been a state debtor had paid all that was due, 
but his name was not erased, or, having been erased, 
was re-entered. We may presume that fraudulent 
or malicious motives were necessary to be proved 
on such a charge ; but it is reasonable, also, to sup- 
pose, that in any case of gross negligence, fraud or 
malice might (as matter of course) be presumed by 
the dicasts. 1 

**EYAH2 SMAPArAOS (iPevdrjr Ijudpaydog), the 
Bastard Emerald. " By bastard gems," says Ad- 
ams, " the ancients meant crystals, tinged of the col- 
ours of the precious stones by the admixture of me- 
tallic particles." 2 

*PSEUDOBOUNTUM tyevdo6ovviov), a plant, 
which Dodonasus, Matthiolus, and Bauhin held to 
be the Barbarea, or Winter Cress ; but Sprengel fol- 
lows Lobelius in referring it to the Pimpinella tenuis. 3 

*PSEUDODICTAMNUM (ipevdodUrauvov), a 
plant, which Stackhouse sets down for the Origa- 
num Mgyftiacum ; but Sprengel adopts the opinion 
of Dodonaeus, who makes it the Marrubium Pseu- 
dodictamnum, or Bastard Dittany.* 

^EYAOKAHTEI'AS TPA$H (ipevdoK^Teiag ypa- 
6v), a prosecution against one who had appeared as 
a witness {Kknrrip or nXwrup) to prove that a defend- 
ant had been duly summoned, and thereby enabled 
the plaintiff to get a judgment by default. To prevent 
fraud, the Athenian law directed that the names of 
the witnesses who attended the summons should be 
subscribed to the bill of plaint or indictment (tyKlrj- 
ua), so that the defendant, if he never had been sum- 
moned, and judgment had nevertheless been given 
against him by default, might know against whom to 
proceed. The false witness {Klrjrrip) was liable to be 
criminally prosecuted, and punished at the discretion 
of the court. Even death might be inflicted in a case 
of gross conspiracy. 5 A person thrice convicted of 
this offence was, as in the case of other false testi- 
mony, ipso jure disfranchised ; and even for the first 
offence the jury might, if they pleased, by a irpocTL- 
ti7jaic, inflict the penalty of disfranchisement upon 
him. 6 Here we may observe this distinction, that 
the proceeding against the false witness to a sum- 
mons was of a criminal nature, while the witness 
in the cause {jidprvp) was liable only to a civil ac- 
tion. The cause might be that the former offence 
was more likely to do mischief. The magistrate 
before whom the defendant neglected to appear, 
when, by the evidence of the witness, it was shown 
that he had been duly summoned, had no discretion 
but to pronounce judgment against him ; whereas 
the dicasts, to whom the witness gave false evi- 
dence at the trial, might disbelieve him, and find 
their verdict according to the truth. If the fraud 
was owing to a conspiracy between the plaintiff and 
the witness, it is probable that an action at the suit 
of the defendant would lie against the former, to re- 
cover compensation ; for, though the conviction of 
the witness would lead to a reversal of the judg- 
ment, still he (the defendant) might have suffered 



1. (Pollux, Onom., viii., 40, 43. — Harpocr. et Suidas, s. v. Bov- 
\£t>o£u>s, iptvSeyypcupfi, ipev8iYYP a< l> S <5<*?7- — Bi'ickh, Staatsh. 
der Att., i., 419.— Meier, Att. Proc, 337.— Platner, Proc. und 
Klag., ii., 117.) — 2. (Theophr., De Lapid. — Adams, Append., s. 
v.) — 3. (Dioscor., iv., 123. — Galen, De Simpl., viii. — Adams, Ap- 
pend., s. v.) — 4. (Dioscor., iii., 34. — Galen, De Simpl., viii. — 
Theophr., ix., 16. — Adams, Append., s. v.) — 5. (Demosth., c. 
Nicoetr., 1252.)— 6. (Andoc, De Mvs 4 :., 10, ed. Steph — Meier, De 
bon. Damn., 125.) 
820 



damage in the mean time, which the setting aside ol 
the judgment would not repair. Such action (it has 
been conjectured) might be a dUn avKo^avriag, or, 
perhaps, KaKorexvitiv. If the name of the witness 
had been fraudently used by the plaintiff, and the 
witness had thereby been brought into trouble, we 
may conclude, by analogy to the case of other wit- 
nesses, that he had a dinr) (iM&rjq against the plain- 
tiff. 1 The ypatyrj ipevdoK'Xrjreiag came before the 
thesmothetae, and the question at the trial simply 
was, whether the defendant in the former cause had 
been summoned or not. 2 

*EYAOMAPTYPI£2N AIKH (fevdouaprvpiuv Ai 
ktj). (Vid. Martyria, p. 627.) 

PSILOI tyiloL) (Vid. Arma, p. 94; Army, 
Greek, p. 99.) 

*PSIMMYTHTON WtfipMtov), the " Cerussd" 
of the Romans, and our " White Lead." The ancient 
ceruse, like the modern, was prepared by exposing 
lead to the vapours of vinegar. The ancient pro- 
cess is minutely described by Theophrastus. 3 

*PSITT'ACUS or PSITT'ACE tyiTTaiioq, -fa 
the Parrot. " If it be true," remarks Adams, " as 
stated by Dodonaeus, that the Parrot is a native of 
the extremities of Syria, the Greeks may have been 
acquainted with it before the invasion of India by 
Alexander. It is first mentioned by Aristotle, un- 
less Ctesias have a prior claim, who speaks of the 
piTTdKog. The species of parrot with which the an- 
cients may be supposed to have been best acquaint- 
ed is the green parrot with a red collar, namely, 
the Psittacus Alcxandri of modern naturalists." 
''The ancients," says Pidgeon, " were acquainted 
with several kinds of Parrot, among which the most 
celebrated was that sent from India by Alexander 
in the course of his expedition into that country. 
Mr. Vigors, who has written on a group of Psittacidae 
known to the ancients, and has treated this subject 
with his accustomed elegance of style, methodica. 
discrimination, and classical research, tells us that 
the ancient writers are unanimous in informing us ; 
that the parrots known to their times came ex 
clusively from India. In that country these birds 
were ever held in the highest estimation. We are 
informed by ./Elian that they were the favourite in- 
mates of the palaces of princes, and were looked 
up to as objects of sacred reverence by the religious 
feelings of the people. From this quarter they were 
introduced into Europe at the time of the Macedo- 
nian conquest, and the specific name of Alexandri, 
applied by modern science to the type of the group, 
in honour of the first European discoverer, serves 
to perpetuate the name of a warrior, who, it is said 
by some, valued the conquests that extended the 
boundaries of his empire chiefly as they served to 
extend the boundaries of science. It was not until 
the time of Nero that the parrots of Africa became 
known to the Romans. Some of these birds were 
among the discoveries made in the course of an ex- 
pedition sent out by that prince. They came appa- 
rently from the neighbourhood of the Red Sea ; and 
it is probable that, as the country became more 
known, numbers of the same race were imported 
from it into Rome, and formed the chief part ol 
those victims of the parrot tribe which in after 
times are said to have supplied the inordinate lux- 
ury and wantonness of Heliogabalus."* 

PSYKTER (ipvicT7/p), dim. ijjvKTrjpidiov, a Wine- 
cooler. 5 Respecting the general use of ice and 

1. (Demosth., c. Aphob., 849.) -2. (Platner, Proc. und Klag-., 
i., 417.— Meier, Att. Proc, 336, 577, 758.)— 3. (Dioscor., v., 103 
— Galen, De Simpl., viii. — Theophr., De Lapid. — Nicand., Alex 
— Adams, Append., s. v.) — 4. (Dodon., Sic, ii., 53. — Aristot., H 
A., viii., 14. — Ctesias ap. Phot., Bibl., p. 66. — Arlams, Append., 
s. v. — Griffith's Cuvier, vol. vii., p. 556.) — 5. (Plato, Conviv., 
332, d. — Tim., Lex. Plat., s. v. — Menander, p. 177, ed. Meineks 
— Athen., xi., 469, 502, 503.) 



PrAxNEPSIA. 



PUBLICANI. 



snow among the ancients for cooling wine, see Nix. 
The vessel specially adapted for this operation was 
sometimes made of bronze 1 or silver.* One of 
earthenware is preserved in the Museum of Anti- 
quities at Copenhagen. It consists of one deep ves- 
sel for holding ice, which is fixed within another for 
holding wine. The wine was poured in at the top. 
It thus surrounded the vessel of ice, and was cooled 
by the contact. It was drawn off so as to fill the 
drinking- jups by means of a cock at the bottom. 
Thus the lpvKTrjp was a kind of Crater ; and, ac- 
cordingly, where Phylarchus, 3 in describing the 
mode of life of Cleomenes, king of Sparta, uses the 
former term, Plutarch* adopts the latter. 

The size of the ipvicTr/p was very various. It 
contained from two quarts 5 to a great number of 
gallons.* It was sometimes given as a prize to the 
winners in the game of the Cottabos. 

*PSYLLA (tpvTiXa), the Flea, or Pulex irritans, L. 
The name is applied, also, to another insect engen- 
dered in turnips or radishes, which Stackhouse 
makes to be the Tenthredo rapa. 7 

*PSYLL'ION tyvMiov), the Plantago Psyllium, 
or Fleawort." 

♦PSYLON (ipvlov), probably the Cyprinus Tinea, 
L., or Tench. M Willoughby does not hesitate to af- 
firm that Ausonius is the only ancient author who 
notices the Tench. He may be presumed, then, to 
have overlooked the description of the fvAuv and 
yvaoevc by Aristotle and Athenaeus, which certainly 
appear to apply to the Tench. Schneider, in his 
edition of Aristotle's Natural History, reads t'Omv 
instead of the common lection ipv?Mv."* 

*PTARM'ICE {TTTapfitKq), a plant. " Although," 
remarks Adams, " Dalechamp referred it to the Ar- 
nica montana, I can see no good reason for not re- 
ferring it to the Achillea Ptarmica, or Sneezewort, 
which answers very well to the description of Dios- 
corides.' no 

♦PTELEA (7rre/lea), the Common Elm, or Ulmus 
eampestris, L. 11 

*PTERIS (Trrcpff), the Fern. " When we consid- 
er the general resemblance which several of the 
ferns have to one another, we have cause to appre- 
hend that botanists in ancient times did not distin- 
guish them very nicely from one another. The 
■KTEpic, then, although Sprengel sets it down for the 
Aspidium fdix mas, was probably not restricted to 
it."" 

♦PTERNIX {irrepvL^), a plant, according to Spren- 
gel, the Acarna cancellata. 13 

PYANEPSIA (Uvavefia), a festival celebrated at 
Athens every year on the seventh of Pyanepsion, 
in honour of Apollo. 14 It was said to have been in- 
stituted by Theseus after his return from Crete. 15 
The festival, as well as the month in which it took 
place, are said to have derived their names from 
irvap.oc, another form for nvapoq, i. e., pulse or beans, 
which were cooked at this season and carried about. 16 
A procession appears to have taken place at the Py- 
anepsia, in which the eipeaiuvrj was carried about. 
This elpecnuvrj was an olive-branch surrounded with 
wool and laden with the fruits of the year, for the 
festival was in reality a harvest-feast. It was car- 
ried by a boy whose parents were still living, and 
those who foll owed him sang certain verses, which 

1. (Athen., iv., 142.)— 2. (v., 199.)— 3. (ap. Atheij., iv., 142.) 
—4. (Clecra., p. 1486, ed. Steph.)— 5. (Plato, 1. c.)— 6. (Athen., 
»., 199, d.,f.) — 7. (Theophr., vii., 7. — Adams, Append., s. v.) — 8. 
[Dioscor., iv., 70. — Galen, De Simpl., viii. — Adams, Append., s. 
/•)— 9. (Aristot., vi., 14. — Dor. ap. Athen., vii. — Hesych., s. v. 
?va<]>tv<;.— Adams, Append., s. v.)— 10. (Dioscor., ii., 191. — Ga- 
len, De Simpl., viii. — Adams, Append., s. v.) — 11. (Dioscor., ii., 
1'Jl.— Theophr., ii., 8-— Galea, De Simpl., viii. — Adams, Append., 
•• v.)— 12. (Theophr., i., 10 ; ix., 13.— Dioscor., iv., 183.— Galen, 
De Simpl., viii.— Adams, Append., s. v.)— 13. (Theophr., H. P., 
•* i *<— Adams, Append., s. v.)— 14. (Harpocr., Hesych., Suidas, 
».v Uvavfyia.)— 15. (Plut., Thes.,22 )— 16. (Harpocr. et Suid., 
I c —Athen., ix., p. 408.) 



are preserved in Plutarch. 1 The procession went 
to a temple of Apollo, and the olive-branch was 
planted at its entrance. According to others, every 
Athenian planted, on the day of the Pyanepsia, such 
an olive-branch before his own house, where it was 
left standing till the next celebration of the festival, 
when it was exchanged for a fresh one. 3 

PUBES, PUBERTAS. (Vid. Curator, Impu 

BBS, INFANS.) 

PUBLICA'NI, farmers of the public revenues of 
the Roman state (vectigalia.) Their name is formed 
from publicum, which signifies all that belongs to the 
state, and is sometimes used by Roman writers as 
synonymous with vectigal. 3 The revenues which 
Rome derived from conquered countries, consisting 
chiefly of tolls, tithes, harbour-duties, the scriptura 
or the tax which was paid for the use of the public 
pasture-lands, and the duties paid for the use of mines 
and saltworks (salina), were let out, or, as the Ro- 
mans expressed it, were sold by the censors in Rome 
itself to the highest bidder. 4 This sale generally took 
place in the month of Quinctilis, and was made for 
a lustrum. 4 The terms on which the revenues were 
let were fixed by the censors in the so-called leges 
censoria* The people or the senate, however, 
sometimes modified the terms fixed by the censors 
in order to raise the credit of the publicani, 7 and in 
some cases even the tribunes of the people interfered 
in this branch of the administration. * The tithes 
raised in the province of Sicily alone, with the ex- 
ception of those of wine, oil, and garden produce, 
were not sold at Rome, but in the districts of Sicily 
itself, according to a practice established by Hiero.' 
The persons who undertook the farming of the pub- 
lic revenue of course belonged to the wealthiest Ro- 
mans. Their wealth and consequent influence may 
be seen from the fact that, as early as the second 
Punic war, after the battle of Cannae, when the a»ra- 
rium was entirely exhausted, the publicani advanced 
large sums of money to the state on condition of re- 
payment after the end of the war. 10 But what class 
of Romans the publicani were at this time is not 
stated; scarcely half a century later, however, we 
find that they were principally men of the equestrian 
order, 11 and down to the end of the Republic, as well 
as during the early part of the Empire, the farming 
of the public revenues was almost exclusively in the 
hands of the equites, whence the words equites 
and publicani are sometimes used as synonymous. 13 

The publicani had to give security to the state for 
the sum at which they bought one or more branches 
of the revenue in a province ; but as for this reason 
the property of even the wealthiest individual must 
have been inadequate, a number of equites generally 
united together and formed a company (socii, socie- 
tas, or corpus), which was recognised by the state, 13 
and by which they were enabled to carry on their 
undertakings upon a large scale. Such companies 
appear as early as the second Punic war. 14 The 
shares which each partner of such a company took 
in the business were called partes, and if they were 
small, particular 15 The responsible person in each 
company, and the one who contracted with the 
state, was called manceps 16 (vid. Manceps) ; but 



1. (I.e. — Compare Clem. Alex., Strom., iv., p. 474. — Eustath 
ad II., xxii. — Suid., s. v. Kipeaidivrj, and Etym. Ma?., where a 
different account is given.) — 2. (Schol. ad Aristoph.. Plut., 1050.) 
—3. (Dig. 39, tit. 4, s. 1, y 1 ; 50, tit. 16, s. 16.— Suet., Nero, 1.— 
Cic, Pro Rabir. Post., 2.— Val. Max., vi., 9, y 7.)— 4. (Cic, De 
Leg. Agr., ii., 21 ; c. Verr., iii., 7.) — 5. (Macrob., Sat., i., 12.) — 
6. (Cic. ad Quint. Frat., i., 1. — Varro, De Re Rust.,ii., 1. — Fest., 
s. v. Produit.) — 7. (Plut., Flamin., 19.— Polyb., vi , 17.— Liv., 
xxxix., 44.)— 8. (Liv., xliii., 16.)— 9. (Cic, c. Verr., ii ( 3, 64, 33, 
&c.) — 10. (Val. Max., v., 6, 6 8. — Liv., xxiv., 18. — Compare 
xxiii., 48, &c.)— 11. (Liv., xliii., 16.)— 12. (Cic, c. Verr., i., 51 .; 
ii., 71 ; ad Att., ii., 1. — Suet., Octav., 24. — Tacit., Ann., iv., 6.) 
—13. (Dig. 3, tit. 4, s. 1.)— 14. (Liv., xxiii., 48, 49.)— 15. (Cic, 
Pro Rabir. Post., 2. —Val. Max., vi., 9, y 7.) — 16. (Festua, • r 
Manceps. — Pseudo-Ascon. in Divmat., p. 113, ed. Orelli.) 

821 



PUBLIGANL 



PUBLICIANA iN REM ACTIO. 



there tvas also a magister to manage the business 
of each society, who resided at Rome, and kept an 
extensive correspondence with the agents in the 
provinces. 1 He seems to have held his office only 
for one year; his representative in the provinces 
was called sub magistro, who had to travel about 
and superintend the actual business of collecting the 
revenues. The apxirekuvnc in St. Luke 2 is probably 
such a sub magistro. The magister at Rome had 
also to keep the accounts which were sent in to him 
(tabula accepti et expensi). The credit of these com- 
panies of publicani and the flourishing state of their 
finances were of the utmost importance to the state, 
and, in fact, its very foundation ; and of this the Ro- 
mans were well aware, and Cicero 3 therefore calls 
them the " jrnamentum civitatis et firmamentum rex- 
publico,.''''* It has been already mentioned that the 
publicani, in case of need, acted as a kind of public 
bank, and advanced large sums of money to the 
state, 5 which therefore thought them worthy of its 
especial protection. But they abused their power 
at an early period, in the provinces as well as at 
Rome itself; and Livy 6 says " ubi publicanus est, ibi 
aut jus publicum vanum, aut libertas sociis nulla.'''''' 

Nobody but a Roman citizen was allowed to be- 
come a member of a company of publicani ; freed- 
men and slaves were excluded. 8 No Roman ma- 
gistrate, however, or governor of a province, was 
allowed to take any share whatever in a company 
of publicani, 9 a regulation which was chiefly intend- 
ed as a protection against the oppression of the pro- 
vincials. During the later period of the Empire va- 
rious changes were introduced in the farming of the 
public revenues. Although it was, on the whole, a 
rule that no person should be compelled to take any 
share in a company of publicani, yet such cases 
sometimes occurred. 10 From the time of Constan- 
tine, the leases of the publicani were generally not 
longer than for three years. 11 Several parts of the 
revenue which had before been let to publicani, 
were now raised by especial officers appointed by 
the emperors. 12 

All the persons hitherto mentioned as members 
of these companies, whether they held any office in 
such a company or not, and merely contributed their 
shares and received their portions of the profit, 13 did 
not themselves take any part in the actual levying 
or collecting of the taxes in the provinces. This 
part of the business was performed by an inferior 
class of men, who were said operas publicanis dare, 
or esse in operis societatis. 1 * They were engaged by 
the publicani, and consisted of freemen as well as 
slaves, Romans as well as provincials. 15 This body 
of men is called familia publicanorum, and compre- 
hended, according to the praetor's edict, 16 all persons 
who assisted the publicani in collecting the vectigal. 
Various laws were enacted in the course of time, 
which were partly intended to support the servants 
of the publicani in the performance of their duty, 
and partly to prevent them from acts of oppres- 



17 



sion. 

The separate branches of the public revenue in 
the provinces (decurnce, portoria, scriptura, and the 
revenues^ from the mines and saltworks) were 
mostly leased to separate companies of publicani, 
whence they were distinguished by names derived 

1. (Cic. ad Att., v., 15 ; c. Verr., ii., 74.)— 2. (xix., 2.)— 3. 
(Cic, Pro Leg. Manil, 6.) — 4. (Pro Plane, 9.)— 5. (Compare 
Cic. ad Fam., v., 20.) — 6. (xlv., 18.) — 7. (Compare Livy, xxv., 
3, 4.) — 8. (Pseudo-Ascon. in Divinat.,p. 113. — Cic, c. Verr., iii., 
39.)— 9. (Cic, c. Verr., iii., 57.)— 10. (Burmann, Vectig. Pop. 
Rom., p. 138, &c)— 11. (Cod., vi., tit. 61, s. 4.)— 12. (Burmann, 
1. c, p. 141, &c.)— 13. (Cic. ad Att., i., 19.— Nepos, Att., 6.)— 
14. (Val. Max., vi., 9, t> 8. — Cic, c Verr., iii., 41. — Id., ad 
Fam., xiii., 9. — Compare c Verr., ii., 70. — Pro Plane, 19.)— 15. 
(Cic, c Verr., ii., 77.— De Prov. Cons., 5.)— 16. (Dig. 30, tit. 4, 
a. 1.)— 17. (Vid. Digest., 39, tit. 4 : De Publicanis et vectigal. 
et commissis. — Gaius, iv., 28.) 
822 



from that particular branch which they had taken in 
farm; e. g., decumani, pecuarii or scripturarii, sail- 
narii or mancipes salinarum, &C. 1 (Compare De- 
cum^e, Portorium, Saline, Scriptura.) On some 
occasions, however, one company of publicani farm- 
ed two or more branches at once ; thus we have an 
instance of a societas farming the portorium and 
the scriptura at the same time. 2 The commenta- 
tor, who goes by the name of Asconius, asserts that 
the portitores were publicani who farmed the porto- 
rium ; but from all the passages where they are 
mentioned in ancient writers, it is beyond all doubt 
that the portitores were not publicani properly so 
called, but only their servants engaged in examining 
the goods imported or exported, and levying the 
custom- duties upon them. They belonged to the 
same class as the publicans of the New Testament. 3 
Respecting the impudent way in which these infe- 
rior officers sometimes behaved towards travellers 
and merchants, see Plaut., Menach., i., 2, 5, &c. — 
Cic. ad Quint. Fr., i., 1. — Plut., De Curiosit, p. 
518, e> 

PUBLICLVNA IN REM ACTIO was given to 
him who obtained possession of a thing ex justa 
causa, and had lost the possession before he had ac- 
quired the ownership by usucapion. This was a 
praetorian action, so called from a praetor Publicius, 
and the fiction by which the possessor was enabled 
to sue was that he had obtained the ownership by 
usucapion. 5 This actio was an incident to every 
kind of possessio which was susceptible of usucapion 
(the thirty years' excepted). In the old Roman law 
this actio resembled the vindicatio, and in the newer 
Roman law it was still more closely assimilated to 
it, and consequently, in this actio, mere possession 
was not the only thing considered, but the matter 
was likened to the case where ownership and pos- 
session were acquired at the same time by occupa- 
tio or traditio. Accordingly, possessio for the pur- 
poses of usucapion may be viewed in two ways . 
viewed with respect to the ownership of which it is 
the foundation, it is a subject of jurisprudence as 
bare possession ; viewed with reference to the Pub- 
liciana actio, which is incident to it, it is viewed as 
ownership. The owner of a thing might also avail 
himself of this action if he had any difficulty in 
proving his ownership. 

This action was introduced for the protection of 
those who had a civilis possessio, but that only, and, 
consequently, could not recover a thing by the rei 
vindicatio, an action which a man could only have 
when he had the Quiritarian ownership of a thing. 
According to the definition, a man could have this 
actio both for a thing which he had in bonis, and for 
a thing of which he had a civilis possessio without 
having it in bonis ; and his action was good even 
against the Quiritarian owner ; for if such owner 
pleaded his ownership, the plaintiff might reply that 
the thing had been sold and delivered, and theiefore 
was his in bonis. The Publiciana actio of the plain- 
tiff, who had a civilis possessio without having the 
thing in bonis, was not good against the owner, 
who had the right of ownership in fact, whixe the 
plaintiff had it only in fiction ; nor was it good 
against another who had a civilis possessio, for that 
possessio was as good as his own. His action was 
good against a possessor who had not a civilis pos- 
sessio. In this action the plaintiff had to prove that 
he possessed civiliter before the time when he lost 
the possession. (Vid. Possessio.) 

The object of the action was the recovery of the 
thing and all that belonged to it. In the legislation 
of Justinian, the distinction between res mancipi 

1. (Pseudo-Ascon., 1. c)— 2. (Cic, c Verr., ii., 70. -3. (St, 
Luke, v., 27, 29.)— 4. (Compare Burmann, D* Vectig., 9.»— 5 
(Gaius, iv., 36.) 



PUBLILLE LEGES. 



PUG1LATUS 



and nee mancipi was abolished, and ownership 
could in all cases be transferred by tradition. The 
Publiciana actio, therefore, became useless for any 
other purpose than a case of bunae fidei possessio, 
and this seems to explain why the words " non a 
domino" appear in the edict as cited in the Digest, 1 
while they do not appear in Gaius. 2 

The Publiciana actio applied also to servitutes, 
the right to which had not been transferred by man- 
cipatio or in jure cessio, but which had been enjoy- 
ed with the consent of the owner of the land. As 
the legislation of Justinian rendered the old forms of 
transfer of servitutes unnecessary, the Publiciana 
actio could then only apply to a case of possessio. 3 

PU'BLICUM. ( Vid. Publicani.) 

PUBLICUM, PRIVATUM JUS. (Vid. Jus, p. 
561.) 

PU'BLICUS AGER. (Vid. Agrarob Leges.) 

PUBLI'LIA LEX. In the consulship of L. Pina- 
rius and P. Furius, B.C. 472, the tribune Publilius 
Volero proposed in the assembly of the tribes that 
the tribunes should in future be appointed in the 
comitia of the tribes (ut plebeii magistratus tributis 
comitiis fierent) instead of by the centuries, as had 
formerly been the case, since the clients of the pa- 
tricians were so numerous in the centuries that the 
plebeians could not elect whom they wished.* This 
measure was violently opposed by the patricians, 
who prevented the tribes from coming to any reso- 
lution respecting it throughout this year ; but in the 
following year, B.C. 471, Publilius was re-elected 
tribune, and together with him C. Laetorius, a man 
of still greater resolution than Publilius. Fresh 
measures were added to the former proposition : 
the aediles were to be chosen by the tribes as well 
as the tribunes, and the tribes were to be competent 
to deliberate and determine on all matters affecting 
the whole nation, and not such only as might con- 
cern the plebes. 5 This proposition was still more 
violently resisted by the patricians than the one of 
the previous year ; and, although the consul Appius 
used force, the tribes could not be prevented from 
passing the proposition. It was then laid before 
the senate to receive t-he assent of that body ; and, 
through the advice of the other consul, T. Quinctius, 
it received the sanction of the senate, and afterward 
of the curiae, and thus obtained the force of a law. 
Some said that the number of tribunes was now for 
the first time raised to five, having been only two 
previously. 6 

PUBLI'LIiE LEGES, proposed by the dictator 
Q. Publilius Philo, B.C. 339. Niebuhr 7 thinks that 
the main object of these laws was to abolish the 
power of the patrician assembly of the curies, and 
that they were carried with the approbation of the 
senate, which was opposed to the narrow-minded- 
ness of the great body of the patricians. Great op- 
position, however, seems to have been expected ; 
and, accordingly, the consul Ti. ^Emilius named his 
own colleague, Q. Publilius Philo, dictator, in order 
that the reforms might be carried with the authority 
of the highest magistracy in the state. 

According to Livy, 8 there were three Publiliae 
leges. The first is said to have enacted that ple- 
biscita should bind all Quirites (ut plebiscita omnes 
Quirites tenerent), which is to the same purport as 
lex Hortensia of B.C. 286. (Vid. Plemccitum.) 
Niebuhr, however, thinks that the object of t^is law 
was to render the approval of the senate a sufficient 
confirmation of a plebiscitum, and to make the con- 
firmation of the curias unnecessary. The second 

1. (6, tit. 2, s. 1.)— 2. (iv., 36.)— 3. (Dig. 6, tit. 2.— Inst., iv., 
tit. 6. — Savigny, Das Rccht des Besitzes.) — 4. (Liv., ii., 56.) 
—5. (Dionys., ix., 43.— Zonaras, vii., 17.)— 6. (Liv , ii., 58. — 
Niebuhr. Hist, of Rome, ii., p. 211, &c.) — 7. (Rormsche Gescb , 
fci p. 167-173.1—8. (vui., 12.) 



law enacted : " ut legum qua. comitiis cenlurtafu 
ferrercntur ante initum suffragium patres auctore* 
fierent." By patres Livy here means the curiae; 
and, accordingly, this law made the confirmation of 
the curiae a mere formality in reference to all laws 
submitted to the comitia centuriata, since every law 
proposed by the senate to the centuries was to be 
considered to have the sanction of the curias also. 
The third law enacted that one of the two censors 
should necessarily be a plebeian. Niebuhr supposes 
that there was also a fourth, which applied the Li- 
cinian law to the praetorship as well as to the cen- 
sorship, and which provided that in each alternate 
year the prastor should be a plebeian. 1 

PUGILA'TUS (7rvf, irvyfir), nvy/xaxta, irvyfioavvn), 
Boxing. The fist (pugnus, irv%) being the simplest 
and most natural weapon, it may be taken for grant- 
ed that boxing was one of the earliest athletic games 
among the Greeks. Hence gods and several of the 
earliest heroes are described either as victors in the 
Ttvyftf], or as distinguished boxers, such as Apollo, 
Heracles, Tydeus, Polydeuces, &c. 2 The scholiast 
on Pindar 3 says that Theseus was believed to have 
invented the art of boxing. The Homeric heroes 
are well acquainted with it.* The contest in box- 
ing was one of the hardest and most dangerous, 
whence Homer gives it the attribute aXeyeivr}.* 
Boxing for men was introduced at the Olympic 
games in 01. 32, and for boys in 01. 37. 6 Contests 
in boxing for boys are also mentioned in the Nemea 
and Isthmia. 7 

In the earliest times boxers (pugiles, tcvktcu) 
fought naked, with the exception of a &{ia round 
their loins ; 8 but this was not used when boxing 
was introduced at Olympia, as the contests in wrest- 
ling and racing had been carried on here by persons 
entirely naked ever since 01. 15. Respecting the 
leathern thongs with which pugilists surrounded 
their fists, see Cestus, where its various forms are 
illustrated by woodcuts. 

The boxing of the ancients appears to have re- 
sembled the practice of modern times. Some par- 
ticulars, however, deserve to be mentioned. A pe- 
culiar method, which required great skill, was not 
to attack the antagonist, but to remain on the de- 
fensive, and thus to wear out the opponent, until he 
was obliged to acknowledge himself to be conquer- 
ed. 9 It was considered a sign of the greatest skill 
in a boxer to conquer without receiving any wounds, 
so that the two great points in this game were to 
inflict blows, and at the same time not to expose 
one's self to any danger (Ttlnyrj kol (pvlanT} 10 ). A pu- 
gilist used his right arm chiefly for fighting, and the 
left as a protection for his head, for all regular blows 
were directed against the upper parts of the body, 
and the wounds inflicted upon the head were often 
very severe and fatal. In some ancient representa- 
tions of boxers, the blood is seen streaming from 
their noses, and their teeth were frequently knocked 
out. 11 The ears especially were exposed to great 
danger, and with regular pugilists they were gener- 
ally much mutilated and broken. 13 Hence, in works 
of art, the ears of the pancratiasts always appear 
beaten flat, and, although swollen in some parts, are 
yet smaller than ears usually are. In order to pro- 
tect the ears from severe blows, little covers, called 



1. (Compare Arnold, Hist, of Rome, ii., p. 154, &c.) — 2 
(Paus., v.. *, t) 4.— Theocrit., xxiv., 113.— Apollod., iii., 6, t) 4.— 
Paus., v., '8, t> 2.)— 3. (Nem., v., 89.)— 4. (Horn., II., xxiii., 691 
&c— Compare Odyss., viii., 103, &c.)— 5. (II., xxiii., 653.)— 6 
(Paus., v., 8, v 3 J— 7. (Paus., vi., 4, 6.)— 8. (Horn., II., xxiii. 
683.— Virg., JEn , v.. 421.)— 9. (Dio Chrysost., Melanc, ii.,orat 
29. — Eustath. *d II., p. 1322, 29.) — 10. (J. Chrysost., Serm. 
vii., 1.— Plut., Sympos., ii., 5.— Compare Paus., vi., 12, ) 3.)- 
11. (Apollon. Rhod., ii., 785.— Theocrit., ii., 126.— Virg JEn 
v., 469. — JF.han, V. II.. x., 19.) — 12. (Plat., Gorg., P 516 
Protog., p. 342.— Martial, vii., 32, 5.) 

823 



PUGIO. 



PUTEAL. 



4u0a)r/(5£f, were irirented. 1 But these ear covers, 
which, according to the etymologist, were made of 
brass, were undoubtedly never used in the great 
public games, but only in the gymnasia and palaes- 
trae, or, at most, in the public contests of boxing for 
boys ; they are never seen in any ancient work 
of art. 

The game of boxing was, like all the other gym- 
nastic and athletic games, regulated by certain 
rules. Thus pugilists were not allowed to take 
hold of one another, or to use their feet for the pur- 
pose of making one another fall, as was the case in 
the pancratium. 8 Cases of death, either during the 
fight itself or soon after, appear to have occurred 
rather frequently ; 3 but if a fighter wilfully killed his 
antagonist, he was severely punished.* If both 
the combatants were tired without wishing to give 
up the fight, they might pause a while to recover 
their strength ; and in some cases they are described 
as resting on their knees. 5 If the fight lasted too 
long, recourse was had to a plan called nMfMitj ; that 
is, both parties agreed not to move, but to stand 
still and receive the blows without using any means 
of defence except a certain position of the hands. 6 
The contest did not end until one of the combatants 
was compelled by fatigue, wounds, or despair, to 
declare himself conquered (awayopevEiv), 1 which 
was generally done by lifting up one hand. 8 

The Ionians, especially those of Samos, were at 
all times more distinguished pugilists than the 
Dorians, and at Sparta boxing is said to have been 
forbidden by the laws of Lycurgus. 9 But the an- 
cients generally considered boxing as a useful train- 
ing for military purposes, and a part of education 
no less important than any other gymnastic exer- 
cise. 10 Even in a medical point of view, boxing 
was recommended as a remedy against giddiness 
and chronic headaches. 11 

In Italy boxing appears likewise to have been 
practised from early times, especially among the 
Etruscans. 12 It continued as a popular game du- 
ring the whole period of the Republic as well as of 
the Empire. 13 

PUGILLA'RES. (Fid. Tabula.) 

PU'GIO Qi&xaipa, dim. fiaxaipiov ; kyxup'idiov), 
a dagger ; a two-edged knife, commonly of bronze, 
with the handle in many cases variously ornamented 
or enriched, sometimes made of the hard black 
wood of the Syrian terebinth. 1 * The accompany- 
ing woodcut shows three ancient daggers. The 





two upper figures are copied from Beger: 15 the 
Ihird reprssents a dagger about a foot long, which 

1. (Pollux, Onom., ii., 82. — Etymol. Ma?., s. v.)— 2. (Plut., 
Syrup., ii., 4. — Lucian, Anach., 3.) — 3. (Schol. ad Pind., 01., v., 
34.)— 4. (Paus., viii., 40, t> 3 ; vi., 9, t) 3.) —5. (Apollon. Rhod., 
ii., 86.— Stat., Theb., vi., 796.)— 6. (Eustath. ad II., xxiii., p. 
1324.— Paus., viii., 40, Q 3.)— 7. (Paus., vi., 10, § 1.)— 8. (Plut., 
JLycurg.. 19.) — 9. (Paus., vi., 2, $ 4.— Plut., Lycurg., 19.)— 10. 
(Lucian, Anach., 3. — Plut., Cat. Maj., 20.) — 11. (Aretaeus, De 
Morb. diut. Cur., i., 2.)— 12. (Liv., i., 35.— Dionys., vii., 72.)— 13. 
(Suet., Octav., 45. — Cic, De Legg., ii., 15, 18. — Tacit., Ann., 
xvi., 21. — Suet., Calig., 18. — Vid. Krause, Die Gymnastik und 
Agon. d. Hellenen, p. 497-534.) — 14. (Theophr., H. P., v., 3, t) 
t.)— 15. (Thes. Brand., V., iii., p. 398, 419.) 
J994 



was found in an Egyptian tomb, and is preserved 
in the museum at Leyden. The middle figure is 
entirely of metal. The handles of the two others 
were fitted to receive a plate of wood on each side 
The lowermost has also two bosses of ivory or 
horn, and shows the remains of a thin plate of gilt 
metal with which the wood was covered. 

In the heroic ages the Greeks sometimes wore 
a dagger suspended by the sword on the left side 
of the body (vid. Gladius), and used it on all oc 
casions instead of a knife. 1 Thus Theseus draws 
his" dagger to cut his meat at table. 2 The custom is 
continued to the present day among the Arnauts, 
who are descended from the ancient Greeks. 3 
The Romans (see woodcuts, p. 11, 454) wore the 
dagger as the Persians did (vid. Acinaces), on the 
right side, and consequently drew it with the thumb 
at the upper part of the hilt, the position most 
effective for stabbing. The terms pugio and kyxeipid- 
lov denote both its smallness and the manner of 
grasping it in the hand (nvi;, pugnus). In the same 
way we must understand " the two swords" (duos 
gladios*) worn by the Gallic chieftain slain by 
Manlius Torquatus ; and the monuments of the 
Middle Ages prove that the custom long continued 
in our own and in adjoining countries. 5 Among 
some of the northern nations of Europe, a dirk was 
constantly worn on the side, and was in readiness 
to be drawn on every occasion. 6 The Chalybes 
employed the same weapon, stabbing their enemies 
in the neck. 7 For the Greek horsemen, the dagger 
was considered preferable to the long sword as a 
weapon of offence. 8 For secret purposes it was 
placed under the armpit. 9 

PUGME, PUGON (irvynn, Tcvyuv). (Vid. Pes 
p. 763.) 

PULAGORAI (itv/Myopai). ( Vid. Amphictyc ns, 
p. 49.) 

PULLA'RIUS. (Vid. Auspicium, p. 130.) 

PU'LPITUM. (Vid. Theatrum.) 

PULVFNAR. A representation of the mode of 
using cushions or pillows (pulvini), to recline upon 
at entertainments, is given in the woodcut at p. 
326. The most luxurious of such cushions were 
stuffed with swan's-down. 10 An ancient Egyptian 
cushion, filled with feathers, is preserved in the 
British Museum. In reference to this practice, the 
Romans were in the habit of placing the statues of 
the gods upon pillows at the lectisternia. (Vid. 
Epulones, Lectisternium.) The couches provided 
for this purpose in the temples were called pulvi- 
naria. 11 There was also a pulvinar, on which the 
images of the gods were laid, in the Circus. 13 

PULVPNUS. (Vtd. Pulvinar.) 

PUPILLA PUPILLUS. ( Vid. Impubes, Infans, 

TlJTELA.) 

PUPILLA'RIS SUBSTITU'TIO. (Vid. Herbs. 
Roman, p. 498.) 

PUPPIS. (Vid. Ships.) 

PU'TEAL properly means the enclosure sur- 
rounding the opening of a well, to protect persons 
from falling into it. It was either round or square, 
and seems usually to have been of the height of 
three or four feet from the ground. There is a 
round one in the British Museum, made of marble, 
which was found among the ruins of one of Tibe- 
rius's villas in Capreae ; it exhibits five groups of 
fauns and bacchanalian nymphs, and around the 
edge at the top may be seen the marks of the 

1. (Horn., II., iii., 271.— Athen., vi.,232, c.)— 2. (Plut., Thes., 
p. 10, ed. Steph.)— 3. (Dodwell,Tour, i., p. 133.)— 4. (Gell., ix.. 
13.)— 5. ( Vid. Stothard, Mon. Effigies of Gt. Britain.)— 6. (Ovid 
Trist., v., 8, 19, 20.)— 7. (Xen., Anab., iv., 7, t> 16.)— 8. (Id., De 
Re Equest., xii., 11.) — 9. (Plato, Gorg., p. 71, 72, Hemdorff.)— 
10. (Mart., xiv., 16, 1.) — 11. (Hor., Carm., i., 37, 3.— Ovid, 
Met., xiv., 827 — Cic. in Cat., iii., 10. — Harusp., 5.— Dom., 53 
— Tusc, iv., 2. — Val. Max., iii., 7, § 1. — Serv. in Virg , Gearg . 
iii.. 533.)— 12. (Suet.. Octav., 45.— Claud., 4.) 



PYRETHRUM. 



PYTHIAN GAMES. 



ropes us^d in drawing up water from the well. 
Such putealia seem to have been common in the 
Roman villas : the putealia signata, which Cicero 1 
wanted for his Tusculan villa, must have been of 
the same kind as the one in the British Museum ; 
the signata refers to its being adorned with figures. 
It was the practice in some cases to surround a 
sacred place with an enclosure open at the top, and 
such enclosures, from the great similarity they bore 
ro putealia, were called by this name. There were 
.wo such places in the Roman Forum : one of these 
was called Puteal Libonis or Scribonianum, because 
a chapel (saccllum) in that place had been struck 
by lightning, and Scribonius Libo expiated it by 
proper ceremonies, and erected a puteal around it, 
open at the top, to preserve the memory of the 
alace. 2 The form of this puteal is preserved on 
several coins of the Scribonian gens. (See wood- 
cut, and compare Spanheim, De Freest, et Usu 
Numism., ii., p. 190.) 




This puteal seems to have been near the Atrium 
of Vesta,-* and was a common place of meeting for 
usurers.* The other puteal was in the comitium, 
on the left side of the senate-house, and in it were 
deposited the whetstone and razor of Attus Navius. 5 

PUTHIOI (nvdtoi), called iroidioi in the Lace- 
daemonian dialect, 6 were four persons appointed by 
the Spartan kings, two by each, as messengers to 
tne Temple of Delphi (QeorcpoTroi ec. AeX<poi>c). 
Their office was highly honourable and important : 
they were always the messmates of the Spartan 
kings. 7 

PUTICTJLJE, PUTFCULI. (Via*. Funus, p. 461.) 

♦PYCNOC'OMON (TWKvoKOfiov), a plant, about 
which Matthiolus and Sprengel are undecided ; 
but which, as Bauhin states, Columna took for the 
Scabiosa succisa, or Devil's bit. 8 

PY'ELOI (nveloL). (Vid. Funus, p. 456.) 

*PYGARGUS (irvyapyoc), an animal noticed by 
Herodotus, and also mentioned in the Septuagint. 
Dr. Shaw supposes it a species of Antelope, which 
he calls Lidmee. 9 

*II. A species of Eagle. (Vid. Aquila, 76.) 

♦PYGMvEUS (7rvyfialoc), a name given to a fab- 
ulous race of very diminutive size, who were said 
to be engaged at stated periods in warfare with the 
cranes. For a full account of the legend, and the 
various explanations that have been given of it, 
consult AnthorCs Classical Dictionary, s. v. 

*PYGOLAMP'IS (irvyoZajiTcic), the common 
Glow-worm or Lampyris noctiluca. 10 

PYRA. 'Jid. Funus, p. 456, 460.) 

*PYR'ETHRUM (irvpedpov), a plant described by 
Dioscorides and others. " Although," says Adams, 
41 the description of Dioscorides be somewhat loose, 
I see no reason to doubt that his plant w r as the An- 
themis Pyrethrum, or Pellitory of Spain. At all 
events, its effects, as described by Dioscorides, 

1. 'Ad Att., i., 10.) — 2. (Festus, s. v. Scribonianum.) — 3. 
(Sachse, Beschreib. der Stadt. Rom., i., p. 134.) — 4. (Ovid, Rem. 
Am., 561.— Cic, Pro Sex., 8.— Pers., Sat., iv.,49.— Hor., Epist., 
i.. 19, 8.)— 5. (Cic, De Div., i., 17. — Compare Livy, i., 36, and 
Muller, Etrusker, ii., p. 171.) — 6. (Photius, s. v.) —7. (Herod., 
vi., 57. — Xen., Rep. Lac., xv., 5. — Muller, Dor., iii, 1, ^ 9.) — 8. 
(Dioscor., iv., 164. — Galen, De Simpl., viii.— Adams, Append., 
■• v.) — 9. (Herod., iv., 192. — Deuteron., xiv., 5. — Adams, Ap- 
pend., s. v.)— 10. (Adams, Append., s. v.) 

SM 



correspona very well with those of the Pellitory , 
that is to say, it is represented as a powerful mas- 
ticatory, and is recommended for toothache." 1 

*PYRILAMPIS (TTvpilafinic), a name applied by 
Suidas to the Pygolampis, which see. 

*PYROMACHUS LAPIS (nvpo/xaxoc lidoc), the 
Common Pyrites of modern mineralogists, consist- 
ing principally of sulphurate of iron, with some ad- 
mixture of copper and arsenic. " Stones of this 
class," says Adams, " are often called Marchasites, 
from the barbarous term Marchasita, which is given 
to the Pyrites in the Latin translation of Serapion." 
Dioscorides calls the Pyromachus the -xvpiTnc Xi- 

<?0f. a 

PY'RRHICA (Vid. Saltatio.) 

*PYRRHU'LAS (nvppovlac), a bird mentioned 
by Aristotle, and corresponding, as Gesner thinks, 
to the Bullfinch, or Pyrrhula vulgaris. It would ap- 
pear, according to Adams, not to have been the 
same bird as the irvpaMc of Aristotle, the ixvp^a of 
iElian, and the nvppia of Phile. 3 

*PYRUS (unioc ), the Pear-tree, or Pyrus commu- 
nis, L., the fruit of which was called Pyrum by the 
Latins, and uttlov by the Greeks. Virgil mentions 
several kinds of pears. The one termed " Crustu- 
mian," called also, according to Celsus, NcBvianum, 
was the best: Columella ranks it the first, and Pli- 
ny says of these pears, " cunctis autem Crustumina 
gratissima." Dalechamp makes the Crustumian the 
same as the French "Poire pcrlc," while Stapel 
says that it is known in Flanders under the name 
" Poire de Saint Jacques." Some make it the same 
as the English " Warden pear." The appellation 
of Crustumian (Crustumium or Crustuminum) was 
derived from the Italian town of Crustnmerium, in 
the territory adjacent to which they particularly 
abounded. Virgil speaks also of the " Syrian" 
pear ; but in Columella the Syrium pyrum is a ge- 
neric name, embracing both the Crustumium and 
the Tarentinum. Pliny, on the other hand, distin- 
guishes between the Syrfian and Tarentine kinds. 
Servius says that the epithet " Syrian" has no re- 
lation whatever to the country of Syria, but comes 
from the Greek cvpoc, " dark-coloured" or " black," 
and Pliny, in fact, assures us that the Syrian was a 
dark-coloured pear. Some modern writers, how- 
ever, take it to be the Bergamot. The pear called 
Volemum took its name, as is said, from its large 
size, " quia volam manus impleant," "because they 
fill the palm of the hand." Ruaeus thinks they are 
the Bon Chretien ; but it would seem more correct, 
with Dryden, Martyn, and others, to make them 
the " Pounder-pears," or, as they are more com- 
monly termed, "Pound-pears." The Bon Chretien 
answers rather to the raXavralov uniov, which Pli- 
ny calls Librale pyrum, and which must not be con- 
founded with the Volemum.* 

*II. (irvpbg), Wheat. ( Vid. Triticum.) 

PYTHIAN GAMES (Yivdia), one of the foui 
great national festivals of the Greeks. It was cele- 
brated in the neighbourhood of Delphi, anciently 
called Pytho, in honour of Apollo, Artemis, and 
Leto. The place of this solemnity was the Crissaean 
plain, which for this purpose contained a hippo- 
dromus or racecourse, 5 a stadium of 1000 feet in 
length, 6 and a theatre, in which the musical con- 
tests took place. 7 A gymnasium, prytaneum, and 
other buildings of this kind probably existed here, 
as at Olympia, although they are not mentioned. 

1 . (Dioscor., iii., 78. — Galen, De Simpl., viii. — Adams, Append., 
s. v.) — 2. (Theophr., De Lapid. — Aristot., Met., iv., 6.— Dioscoi.. 
v., 142.— Adams, Append., s. v.)— 3. (Aristot., H. A., viii., 5.— 
^Elian, N. A., iv., 5. — Adams, Append., s. v.) — 4. (Theophr., iv., 
12, &c— Dioscor., ii., 107.— Fee, Flore de Virgile.p. 134.— Mar 
tyn ad Virg., Georg., ii., 87. — Adams, Append., s. v.) — 5. (Paus 
x., 37, i> 4.)— 6. (Censor., De Die Nat., 13.)— 7. (Lucian, adv i« 
doct., 9.) 

825 



PYTHIAN GAMES. 



PYTHIAN GAMES. 



Once the Pythian games were held at Athens, on 
the advice of Demetrius Poliorcetes (01. 122, 3 1 ), 
because the ^Etolians were in possession of the 
passes around Delphi. 

The Pythian games were, according to most 
legends, instituted by Apollo himself: 2 other tradi- 
tions referred them to ancient heroes, such as Am- 
phictyon, Adrastus, Diomedes, and others. They 
were originally, perhaps, nothing more than a reli- 
gious panegyris, occasioned by the oracle of Delphi, 
and the sacred games are said to have been at first 
only a musical contest, which consisted in singing 
a hymn to the honour of the Pythian god with the 
accompaniment of the cithara. 3 Some of the poets, 
however, and mythographers represent even the 
gods and the early heroes as engaged in gymnastic 
and equestrian contests at the Pythian games. But 
such statements, numerous as they are, can prove 
nothing ; they are anachronisms in which late wri- 
ters were fond of indulging. The description of the 
Pythian games in which Sophocles, in the Electra, 
makes Orestes take part, belongs to this class. 
The Pythian games must, on account of the celeb- 
rity of the Delphic oracle, have become a national 
festival for all the Greeks at a very early period ; 
and when Solon fixed pecuniary rewards for those 
Athenians who were victors in the great national 
festivals, the Pythian agon was undoubtedly in- 
cluded in the number, though it is not expressly 
mentioned. 4 

Whether gymnastic contests had been performed 
at the Pythian games previous to 01. 47 is un- 
certain. Bockh supposes that these two kinds of 
games had been connected at the Pythia from early 
times, but that afterward the gymnastic games 
were neglected ; but, however this may be, it is 
certain that about 01. 47 they did not exist at 
Delphi. Down to 01. 48 the Delphians themselves 
had been the agonothetae at the Pythian games, 
but in the third year of this olympiad, when, after 
the Crissaean war, the Amphictyons took the man- 
agement under their care, they naturally became 
the agonothetae. 5 Some of the ancients date the 
institution of the Pythian games from this time, 6 
and others say that henceforth they were called 
Pythian games. Owing to their being under the 
management of the Amphictyons, they are some- 
times called 'Afj.(j>LKTvoviica adla. 1 From 01. 48, 3, 
the Pythiads were occasionally used as an sera, and 
the first celebration under the Amphictyons was 
the first Pythiad. Pausanias 8 expressly states that 
in this year the original musical contest in Kidapu- 
6 la was extended by the addition of avhudia, i. e., 
singing with the accompaniment of the flute, and 
by that of flute-playing alone. Strabo, 9 in speak- 
ing of these innovations, does not mention the 
xvludia, but states that the contest of cithara-play- 
ers (KiOapivTai) was added, while Pausanias assigns 
the introduction of this contest to the eighth Pyth- 
iad. One of the musical contests at the Pythian 
games, in which only flute and cithara-players took 
part, was the so-called vouog Hvdinog, which, at 
least in subsequent times, consisted of five parts, 
viz., dvdnpovcng, d/xTreipa, KaTaKehevGjiiog, la/idoi koI 
bdnTvTioL, and Gvpiyyec;. The whole of this vofioc 
was a musical description of the fight of Apollo 
with the dragon, and of his victory over the mon- 
ster. 10 A somewhat different account of the parts 
of this vopoc is given by the scholiast on Pindar, 11 
and by Pollux." 

1. ( Vid. Plut., Demetr., 40.— Corsini, Fast. Att., iv., p. 77.)— 
1. (Athen., xv., p. 701. — Schol., Argum. ad Pind., Pyth.) — 3. 
(Paus., x., 7, I) 2.— Strab., ix., p. 421.)— 4. (Diog. La6rt.,i., 55.) 
—5. (Strab., ix., p. 421.— Paus., x., 17, (> 3.) — 6. (Phot., Cod., 
p. 533, ed. Bekker.)— 7. (Heliod., ^Ethiop., iv., 1.)— 8. (1. c.)— 
V. (I.e.)— 10. (Strabo, I.e.)— 11. (Argum. ad Pyth.) — 12 (iv., 
SI, 81.) 

«9fi 



Besides these innovations in the musical coa 
tests which were made in the first Pythiad, such 
gymnastic and equestrian games as were then cus- 
tomary at Olympia were either revived at Delphi, 
or introduced for the first time. The chariot-race 
with four horses was not introduced till the second 
Pythiad. 1 Some games, on the other hand, were 
adopted, which had not yet been practised at Olym- 
pia, viz., the doltxoc and the diavloc for boys. In 
the first Pythiad the victors received xPW aTa as 
their prize, but in the second a chaplet was estab- 
lished as the reward for the victors. 2 The scholi 
asts on Pindar reckon the first Pythiad from this 
introduction of the chaplet, and their system has 
been followed by most modern chronologers, though 
Pausanias expressly assigns this institution to the 
second Pythiad. 3 The avXudia, which was intro- 
duced in the first Pythiad, was omitted at the sec- 
ond and ever after, as only elegies and -&p^voi had 
been sung to the flute, which were thought too 
melancholy for this solemnity. The Tsdptinrog, or 
chariot-race with four horses, however, was added 
in the same Pythiad. In the eighth Pythiad (01. 
55, 3), the contest in playing the cithara without 
singing was introduced ; in Pythiad 23, the foot- 
race in arms was added ; in Pythiad 48, the chari- 
ot-race with two full-grown horses (Gvvopidog 6po 
fiog) was performed for the first time ; in Pythiad 
53, the chariot-race with four foals was introduced. 
In Pythiad 61, the pancratium for boys ; in Pythiad 
63, the horserace with foals ; and in Pythiad 69, 
the chariot-race with' two foals, were introduced. 4 
Various musical contests were also added in the 
course of time, and contests in tragedy, as well as 
in other kinds of poetry and in recitations of his- 
torical compositions, are expressly mentioned.* 
Works of art, as paintings and sculptures, were ex- 
hibited to the assembled Greeks, and prizes were 
awarded to those who had produced the finest 
works. 6 The musical and artistic contests were 
at all times the most prominent features of the 
Pythian games, and in this respect they even ex- 
celled the Olympic games. 

Previous to 01. 48, the Pythian games had been 
an kwaerripig, that is, they had been celebrated at 
the end of every eighth year ; but in 01. 48, 3, they 
became, like the Olympia, a irevTaeTrjp'is, i. e., they 
were held at the end of every fourth year ; and a 
Pythiad, therefore, ever since the time that it was 
used as an aera, comprehended a space of four years, 
commencing with the third year of every olympiad. 7 
Others have, in opposition to direct statements, in- 
ferred from Thucydides 8 that the Pythian games 
were held towards the end of the second year of 
every olympiad. Respecting this controversy, see 
Krause, I. c, p. 29, &c. As for the season of the 
Pythian games, they were, in all probability, held 
in the spring ; and most writers believe that it was % 
in the month of Bysius, which is supposed to be 
the same as the Attic Munychion. Bockh, 9 how- 
ever, has shown that the games took place in the 
month of Bucatius, which followed after the month 
of Bysius, and that this month must be considered 
as the same as the Attic Munychion. The games 
lasted for several days, as is expressly mentioned 
by Sophocles, 10 but we do not know how many. 
When ancient writers speak of the day of the Pyth- 
ian agen, they are probably thinking of the musical 
agon alone, which was the most important part of 
the games, and probably took place on the 7th of 



1. (Paus., x., 7, <> 3.)— 2. (Paus., and Schol. ad Pind., 1. c.)— . 
3. (Vid. Clinton, F. H., p. 195.— Krause, Die Pyth. Nem., &c, 
p.21,&c.)— 4. (Paus., 1. c.)— 5. (Philost., Vit. Soph., ii., 27, 2.— 
Plut., Sympos., ii., 4.)— 6. (Plin., H. N.,xxxv., 35.)— 7. (Paus 
1. c.— Diod., xv., 60.— Compare Clinton, F. H., p. 195.)— 8 (it. 
117 ; v., 1.)— 9. (ad Coip. Inscript., n. 1688.)— 10. (Elect. tAQ 
&c.) 



PYTHIAN GAMES 



QUADRAGESIMA. 



Bacatius. It is quite impossible to conceive that 
all the numerous games should have taken place on 
one day. 

The concourse of strangers at the season of this 
panegyris must have been very great, as undoubt- 
edly all the Greeks were allowed to attend. The 
states belonging to the amphictyony of Delphi had 
to send their theori in the month of Bysius, some 
timo before the commencement of the festival it- 
self. 1 All theori sent by the Greeks to Delphi on 
this occasion were called TlvdaiGrai* and the the- 
ories sent by the Athenians were always particu- 
larly brilliant. 3 As regards sacrifices, processions, 
and other solemnities, it may be presumed that they 
resembled, in a great measure, those of Olympia. 
A splendid, though probably, in some degree, ficti- 
tious description of a theoria of Thessalians, may 
be read in Heliodorus.* 

As to the order in which the various games were 
performed, scarcely anything is known, with the 
exception of some allusions in Pindar and a few 
remarks of Plutarch. The latter 5 says that the 
musical contests preceded the gymnastic contests, 
and from Sophocles it is clear that the gymnas- 
tic contests preceded the horse and chariot races. 
Every game, moreover, which was performed by 
men and by boys, was always first performed by 
the latter. 6 

We have stated above that, down to 01. 48, the 
Delphians had the management of the Pythian 
games ; but of the manner in which they were 
conducted previous to that time, nothing is known. 
When they came under the care of the Amphicty- 
ons, especial persons were appointed for the pur- 
pose of conducting the games and of acting as 
judges. They were called k^Ly.Ek-qrai, 1 and an- 
swered to the Olympian hellanodicae. Their num- 
ber is unknown. 8 In later times it was decreed by 
the Amphictyons that King Philip, with the Thes- 
salians and Boeotians, should undertake the man- 
agement of the games ; 9 but afterward, and even 
under the Roman emperors, the Amphictyons again 
appear in the possession of this privilege. 10 The 
e7u/jel.7jTat had to maintain peace and order, and 
were assisted by (j.aarcyo(j)6poi, who executed any 
punishment at their command, and thus answered 
to the Olympian aAvrat. 11 

The prize given to the victors in the Pythian 
games was from the time of the second Pythiad a 
laurel chaplet, so that they then became an ayuv 
creoavLTrjc, while before they had been an ayuv 
YOTjfiariTTjc- 12 In addition to this chaplet, the victor 
here, as at Olympia, received the symbolic palm- 
branch, and was allowed to have his own statue 
erected in the Crissaean plain. 13 

The time when the Pythian games ceased to be 
solemnized is not certain, but they probably lasted 
as long as the Olympic games, t. e., down to the 
year A.D. 394. In A.D. 191, a celebration of the 
Pythia is mentioned by Philostratus ; 14 and in the 
time of the Emperor Julian they still continued to 
be held, as is manifest from his own words. 15 

Pythian games of less importance were celebra- 
ted in a great many other places where the worship 
of Apollo was introduced ; and the games of Del- 
phi are sometimes distinguished from these lesser 
Pythia by the addition of the words ev Ae/l^oif. 
But as by far the greater number of the lesser 
Pythia are not mentioned in the extant ancient 

1. (Bockh ad Corp. Ins^j ; )— 2. (Strab., ix., p. 404.)— 3. 
(Schol. ad Aristoph., Av., 1585.)— 4. (^Eth., ii., 34.)— 5. (Symp., 
ii-, 4.— Compare Philostr., Apoll. Tyan., vi., 10.) —6. (Plut., 
Symp., ii., 5.)— 7. (Plut., Symp.. ii., 4 ; vii., 5.)— 8. (Krause, 1. 
c, p. 44.)— 9. (Diod., xvi., 60.)— 10. (Philostr., Vit. Soph., ii., 27.) 
-11. (Luc, adv. indoct., 9, &c.)— 12. (Paus., x., 7, 1) 3.— Schol. 
in Argum. ad Pind., Pyth.)— 13. (Plut., Symp., viii., 4.— Paus., 
vi., 15, t) 3 : 17, $ 1.— Justin, xxiv., 7, 10.)— 14 (Vit. Soph., ii., 
27.)— 15. (Jul., Epist. pro Argiv., p. 35 A.) 



writers, and are only known from coins 01 /nscrrp 
tions, we shall only give a list of the places when 
they were held : Ancyra in Galatia, Aphrodisias in 
Caria, Antiochia, Carthaea in the island of Ceos, 1 
Carthage, 3 Cibyra in Phrygia, Delos, 3 Emisa in 
Syria, Hierapolis in Phrygia, Magnesia, Megara,* 
Miletus, Neapolis in Italy, Nicaea in Bithynia, Ni- 
comedia, Pergamus in Mysia, Perge in Pamphylia. 
Perinthus on the Propontis, Philippopolis in Thrace, 
Side in Pamphylia, Sicyon, 5 Taba in Caria, Thes- 
salonice in Macedonia, in Thrace, Thyatira, and 
Tralles in Lydia, Tripolis on the Maeander, in 
Caria. 6 

PYXIS, dim. PYXIDULA (rro&f, dim. nvftdiov), 
a Casket, a Jewel-box. 7 Quintilian 8 produces this 
term as an example of catachresis, because it prop- 
erly denoted that which was made of box {nvi-oc). 
but was applied to things of similar form and use 
made of any other material. In fact, the caskets 
in which the ladies of ancient times kept their jew 
els and other ornaments, were made of gold, silver, 
ivory, mother-of-pearl, tortoise-shell, &c. They 
were also much enriched with sculpture. A silver 
coffer, 2 feet long, 1£ wide, and 1 deep, most elab- 
orately adorned with figures in bas-relief, is de- 
scribed by Bottiger. 9 The annexed woodcut (from 




Ant. d'Ercolano, vol. ii., tab. 7) represents a plain 
jewel-box, out of which a dove is extracting a rib- 
and or fillet. Nero deposited his beard in a valua- 
ble pyxis when he shaved for the first time. {Vid. 
Barba, p. 138.) 

The same term is applied to boxes used to con- 
tain drugs or poison, 10 and to metallic rings employ 
ed in machinery. 11 

*PYXUS (Trtfof), the Boxwood-tree. (Vid 
Buxus.) 

Q. 
QUADRAGE'SIMA, the fortieth part of the lin 
ported goods, was the ordinary rate of the portori 
um. 13 Tacitus 13 says that the quadragesima wai 
abolished by Nero, and had not been imposed again 
(manet abolitio quadragesima.) ; but it appears mosl 
probable that this quadragesima abolished by Nero 
was not the portonum, but the tax imposed by Ca- 
ligula 14 of the fortieth part of the value of all proper- 
ty respecting which there was any lawsuit. That 
the latter is the more probable opinion appears from 
the fact that we never read of this tax upon law- 
suits after the time of Nero, while the former one 
is mentioned to the latest times of the Empire. 
Considerable difficulty, however, has arisen in con- 
sequence of some of the coins of Galba having 
Quadragesima Remissa upon them, which is sup- 
posed by some writers to contradict the passage of 
Tacitus, and by others to prove that Galba abol- 
ished the quadragesima of the portorium. The 
words, however, do not necessarily imply this : it 
was common, in seasons of scarcity and want, or 
as an act of special favour, for the emperors to 
remit certain taxes for a certain period,, and it is 

1. (Athen., x., p. 456, 467.)— 2. (Tertull., Scorp., 6.)— 3. (Di- 
onys. Perieg., 527.) — 4. (Schol. ad Pind., Nem., v., 84.— 01 , 
xiii., 155.— Philostr., Vit. Soph., i., 3.)— 5. (Pind., Olym., xiii., 
105, with the schol.— Nem., ix., 51.)— 6. (Krause, Die Pythien, 
Nemeen, und Isthmien, p. 1-106.)— 7 (Mart., ix.,38.)— 8. (viii., 
6, $ 35.)— 9. (Sabina, i., p. 64-80, pi. iii.)— 10. (Cic, Pro Caelio, 
25-29.— Quintil., vi., 3, $ 25.)— 11. (Plin., H.N... xviii., 11, s. 
29.) — 12. (Suet., Vcspas., i. — Quintil., Declam., 359. — Sym 
mach., Epist., v., 62, 65.)— 13. (Ann., xiii., 51.)— 14. (Suet, 
Cal.. 40.) 

827 



QU.ESTOR. 



QILESTOR. 



prut a A 3 that the coins of Galba weYe struck in com- 
memoration of such a remission, and not of an 
abolition of the tax. (See Burmann, De Vectigal., 
p. 64, &c, who controverts the opinions of Span- 
heim, De Prcest. et Usu Numism., vol. ii., p. 549.) 

QUADRANS. (Vid. As, p. 111.) 

QUADRANTAL. (Vid. Cubus.) 

QUADRPGA. (Vid. Biga, Currus.) 

QUADRIGA'TUS. (Vid. Bigatus.) 

QUA'DRUPES. (Vid. Pauperies.) 

QUADRUPLATO'RES, public informers or ac- 
cusers, were so called, either because they received 
a fourth part of the criminal's property, or because 
those who were convicted were condemned to pay 
fourfold (quadrupli damnari), as in cases of violation 
of the laws respecting gambling, usury, &C. 1 We 
know that on some occasions the accuser received 
a fourth part of the property of the accused ; 2 but 
the other explanation of the word may also be cor- 
rect, because usurers who violated the law were 
subjected to a penalty of four times the amount of 
the loan. 3 When the general right of accusation 
was given, the abuse of which led to the springing 
up of the quadruplatores, is uncertain ; but origi- 
nally all fines went into the common treasury, and 
while that was the case, the accusations, no doubt, 
were brought on behalf of the state. 4 Even under 
the Republic, an accusation of a public officer, who 
nad merited it by his crimes, was considered a ser- 
vice rendered to the state : the name of quadru- 
platores seems to have been given by way of 
contempt to mercenary or false accusers. 5 Sene- 
ca 6 calls those who sought great returns for small 
favours Quadruplatores beneficiorum suorum. 

QUADRU'PLICA'TIO. (Vid. Actio, p. 19.) 

QILESTIONES, QILESTIONES PERPETILE. 
(Vid. Judex, p. 552 ; Praetor, p. 806.) 

QILESTOR is a name which was given to two 
distinct classes of Roman officers. It is derived 
from quccro, and Varro 7 gives a definition which 
embi aces the principal functions of both classes of 
officers : " Qucestores a qucerendo, qui conquirerent 
■publicas pecunias et malefiaa.'''' The one class, there- 
fore, had to do with the collecting and keeping of 
the public revenues, and the others were a kind 
of public accusers. The former bore the name of 
qucestores classic^ the latter of qucestores parricidii. 8 

The quczstores parricidii were, as we have said, 
public accusers, two in number, who conducted the 
accusation of persons guilty of murder or any other 
capital offence, and carried the sentence into exe- 
cution. 9 Respecting their confusion with the du- 
umviri perduellionis, see Perduellionis Duumviri. 
All testimonies agree that these public accusers 
existed at Rome during the period of the kings, 
though it is impossible to ascertain by which king 
they were instituted, 10 as some mention them in the 
reign of Romulus, and others in that of Numa. 
When Ulpian takes it for certain that they occurred 
in the time of Tullus Hostilius, he appears to con- 
found them, like other writers, with the duumviri 
perduellionis, who in this reign acted as judges in 
the case of Horatius, who haa slain his sister. Du- 
ring the kingly period there occurs no instance in 
which it could be said with any certainty that the 
quaestores parricidii took a part. As thus everything 
is so uncertain, and as the late writers are guilty of 
6uch manifest confusions, we can say no more than 

1. (Pseudo-Ascon. in Cic, Divin., I) 24, p. 110, ed. Orelli ; in 
Verr., II., ii., $ 21, p. 208. — Festus, s. v.) — 2. (Tac, Ann., iv., 
21.)— 3. (Cato, De Re Rust., init.)— 4. (Niebuhr, Rom. Gesch., 
iii., p. 44.) — 5. (Cic, Div., ii., 7 ; c. Verr., II., ii., 7. — Plaut., 
Pers., i., 2, 10.— Liv., iii., 72.)— 6. (De Benef., vii.,25.)— 7. (De 
Ling. Lat., iv., p. 24, ed. Bip.)— 8. (Dig. 1, tit. 2, s. 2, t> 22, 23.) 
—9. (Festus, s. v. Parici and Qua:stores. — Liv., ii., 41. — Dionys., 
viii., p. 546, ed. Sylb.)— 10. (Fest., L c— Tacit., Ann., xi., 22.— 
Dig. 1, tit. 13.) 

82S 



that such public accusers existed, and infer, from 
the analogy of later times, that they were appointed 
by the populus on the presentation of the king. In 
the early period of the Republic the quaestores par- 
ricidii apoear to have become a standing office, 
which, like others, was held only for one year. 1 
They were appointed by the populus or the curies 
on the presentation of the consuls. 2 When these 
quaestores discovered that a capital offence had 
been committed, they had to bring the charge before 
the comitia for trial. 3 They convoked the comitia 
through the person of a trumpeter, who proclaimed 
the day of meeting from the Capitol, at the gates of 
the city, and at the house of the accused. 4 When 
the sentence had been pronounced by the people, 
the quaestores parricidii executed it ; thus they 
threw Spurius Cassius from the Tarpeian rock. 5 
They were mentioned in the laws of the Twelve 
Tables, and after the time of the decemvirate they 
still continued to be appointed, though probably no 
longer by the curies, but either in the comitia 
centuriata or tributa, which they therefore must 
also have had the right to assemble in cases of 
emergency. 6 This appears to be. implied in the 
statement of Tacitus, that in the year 447 B.C. 
they were created by the people without any pre- 
sentation of the consuls. From the year 366 B.C. 
they are no longer mentioned in Roman history, as 
their functions were gradually transferred to the 
triumviri capitales 7 (vid. Triumviri Capitales), and 
partly to the aediles and tribunes. (Vid. ^Ediles, 
Tribuni. 8 ) The quaestores parricidii have not only 
been confounded with the duumviri perduellionis, 
but also with the quaestores classici, c and this prob- 
ably owing to the fact that they ceased to be ap- 
pointed at such an early period, and that the two 
kinds of quaestors are seldom distinguished in an- 
cient writers by their characteristic epithets. 

The qucestores classici were officers intrusteu 
with the care of the public money. Their distin- 
guishing epithet classici is not mentioned by any 
ancient writer except Lydus, 10 who, however, gives 
an absurd interpretation of it. Niebuhr 11 refers it to 
their having been elected by the centuries ever 
since the time of Valerius Publicola, who is said to 
have first instituted the office. 13 They were at first 
only two in number, and, of course, taken only from 
the patricians. As the senate had the supreme ad- 
ministration of the finances, the quaestors were in 
some measure only its agents or paymasters, for 
they could not dispose of any part of the public 
money without being directed by the senate. . Their 
duties consequently consisted in making the neces- 
sary payments from the aerarium, and receiving the 
public revenues. Of both they had to keep correct 
accounts in their tabulce publicce. 13 Demands which 
any one might have on the aerarium, and outstand- 
ing debts, were likewise registered by them. 14 Fines 
to be paid to the public treasury were registered 
and exacted by them. 15 Another branch of their 
duties, which, however, was likewise connected 
with the treasury, was to provide the proper accom- 
modations for foreign ambassadors and such persons 
as were connected with the Republic by ties of 
public hospitality. Lastly, they were charged with 
the care of the burials and monuments of distin- 
guished men, the expenses for which had been 

1. (Liv., iii., 24, 25.)— 2. (Dig. 1, tit. 2, s. 2, t) 23.— Tacit., 1 
c.) — 3. (Liv., iii., 24. — Dionys., viii., p. 544.) — 4. (Varro, De 
Ling. Lat., v., p. 75, &c, ed. Bip.) — 5. (Dionys., viii., p. 546. — 
Liv., ii., 41. — Cic, De Repub., ii., 35.)— 6. (Varro, De Ling. 
Lat., v., p. 76.)— 7. (Varro, i v., p. 24.— Val. Max., v., 4, t) 7; viii., 
4, $ 2.— Sallust, Cat., 55.)— 8. (Niebuhr, Hist, of Rome, iii., p, 
44. — Zachariae, Sulla, &ls 1 liner, &c, ii., p. 147, &c.)— 9. (Ta- 
cit., 1. c— Zonar.,vii., 13, &c.)— 10. (De Mag., i., 27.)— 11. (ii., 
p. 430.) — 12. (Plut., Publ., 12.) — 13. (Polyb., vi., 13.) — 14 
(Pseudo-Ascon. in Verr., p. 158, ed. Orelli. — Plut., Cat. Mia. 27 . 
— 15. (Liv., xxxviii., 60. — Tacit., Ann., xiii., 2H.) 



QILESTOR. 



QUANTI MINORIS. 



decreed by the senate to be defrayed by the treas- 
ury. In the aerariura, and, consequently, under the 
superintendence of the quaestors, were kept the 
books in which the senatus consulta were regis- 
tered, 1 while the original documents were in the 
Keeping of the aediles, until Augustus transferred 
the care of them also to the quaestors.' 

In the year B.C. 421 the number of quaestors was 
doubled, and the tribunes tried to effect, by an 
amendment of the law, that a part (probably two) 
of the quaestors should be plebeians. 3 This attempt 
was indeed frustrated, but the interrex L. Papirius 
effected a compromise, that the election should not 
be restricted to either order. After this law was 
carried, eleven years passed without any plebeian 
being elected to the office of quaestor, until, in B.C. 
409, three of the four quaestors were plebeians. 4 A 
person who had held the office of quaestor had un- 
doubtedly, as in later times, the right to take his 
seat in the senate, unless he was excluded as un- 
worthy by the next censors. And this was proba- 
bly the reason why the patricians so determinately 
opposed the admission of plebeians to this office. 
( Vid. Senatus.) Henceforth the consuls, whenever 
they took the field against an enemy, were accom- 
panied by one quaestor each, who at first had only 
to superintend the sale of the booty, the produce of 
which was either divided among the legion, or was 
transferred to the aerarium. 5 Subsequently, how- 
ever, we find that these quaestors also kept the 
funds of the army, which they had received from 
the treasury at Rome, and gave the soldiers their 
pay ; they were, in fact, the paymasters in the 
army. 6 The two other quaestors, who remained at 
Rome, continued to discharge the same duties as 
before, and were distinguished from those who ac- 
companied the consuls by the epithet urbani. In 
the year B.C. 265, after the Romans had made 
themselves masters of Italy, and when, in conse- 
quence, the administration of the treasury and the 
raising of the revenues became more laborious and 
important, the number of quaestors was again doub- 
led to eight; 7 and it is probable that henceforth 
their number continued to be increased in propor- 
tion as the Empire became extended. One of the 
eight quaestors was appointed by lot to the qu&stura 
Ostiensis, a most laborious and important post, as 
he had to provide Rome with corn. 8 Besides the 
quaestor Ostiensis, who resided at Ostia, three other 
quaestors were distributed in Italy, to raise those 
parts of the revenue which were not farmed by the 
publicani, and to control the latter. One of them 
resided at Cales, and the two others probably in 
towns on the Upper Sea. 9 The two remaining 
quaestors, who were sent to Sicily, are spoken of 
below. 

Sulla, in his dictatorship, raised the number of 
quaestors to twenty, that he might have a large 
number of candidates for the senate (senatui explen- 
do 10 ), and J. Caesar even to forty. 11 In the year B.C. 
49 no quaestors were elected, and Caesar transferred 
the keeping of the aerarium to the aediles. From 
this time forward the treasury was sometimes in- 
trusted to the praetors, sometimes to the praetorii, 
and sometimes, again, to quaestors. ( Vid. aerarium.) 
Quaestors, however, both in the city and in the prov- 
inces, occur down to the latest period of the Empire. 
Some of them bore the title of candidati principis, 
and their only duty was to read in the senate the 
communications which the princeps had to make to 

1. (Joseph., Ant. Jud., xiv., 10, 10.— Plat., Cat. Min, 17.)— 
2. (Dion Cass., liv., 36.)— 3. (Liv., iv., 43.— Niebuhr, ii., p. 430, 
«tc.)— 4. (Liv., iv., 54.)— 5. (Liv., iv., 53.)— 6. (Polyb., vi., 39.) 
— 7. (Lyd.. De Ma?., i., 27.— Liv., Epit., lib. 15.— Niebnhr, iii., 
p. 645.)— 8. (Cic, ProMunen., 8 ; Pro Sext., 17.)— 9. (Cic. in 
Vat.. 5.)— 10. (Tacit., Annal., xi., 22 )— 11. cDion Cass., xliii., 
47, 51.) 



this assembly (libri principales, epistola prineipis L ) 
From the time of the Emperor Claudius, all quaes 
tors, on entering upon their office, were obliged tc 
give gladiatorial games to the people at their own 
expense, whereby the office became inaccessible to 
any one except the wealthiest individuals. 2 When 
Constantinople had become the second capital of 
the Empire, it received, like Rome, its quaestors, 
who had to give games to the people on entering 
upon their office ; but they were probably, like the 
praetors, elected by the senate, and only announced 
to the emperor. 3 

The proconsul or praetor, who had the adminis 
tration of a province, was attended by a quaestoi 
This quaestor had undoubtedly to perform the same 
functions as those who accompanied the armies into 
the field ; they were, in fact, the same officers, with 
the exception that the former were stationary in 
their province during the time of their office, and 
had, consequently, rights and duties which those 
who accompanied the army could not have. In 
Sicily, the earliest Roman province, there were two 
quaestors, answering to the two former divisions of 
the island into the Carthaginian and Greek territory. 
The one resided at Lilybaeum, the other at Syra- 
cuse. Besides the duties which they had in com 
mon with the paymasters of the armies, they had 
to levy those parts of the public revenue in the 
province which were not farmed by the publicani, to 
control the publicani, and to forward the sums 
raised, together with the accounts of them, to the 
aerarium.* In the provinces, the quaestors had the 
same jurisdiction as the curule aediles at Rome.* 
The relation existing between a praetor or proconsul 
of a province and his quaestor was, according to an- 
cient custom, regarded as resembling that between 
a father and his son. 6 When a quaestor died in his 
province, the praetors had the right to appoint a pro- 
quaestor in his stead; 7 and when the praetor was 
absent, the quaestor supplied his place, and was then 
attended by lictors. 8 In what manner the provinces 
were assigned to the quaestors after their election 
at Rome is not mentioned, though it was probably 
by lot, as in the case of the quaestor Ostiensis. But 
in the consulship of Decimus Drusus and Porcina 
it was decreed that the provinces should be distrib- 
uted among the quaestors by lot, ex senatus consulto* 
During the time of the Empire this practice con- 
tinued, and if the number of quaestors elected was 
not sufficient for the number of provinces, those 
quaestors of the preceding year who had had no prov- 
ince might be sent out. This was, however, the 
case only in the provinces of the Roman people, for 
in those of the emperors there were no quaestors at 
ail. In the time of Constantine the title of qucestor 
sacri palalii was given to a minister of great impor- 
tance, whose office probably originated in that of 
the candidati principis. Respecting his power and 
influence, see Walter, Gesch. d. Rom. R., p. 365. 

QILESTO'RII LUDI. (Vid. Ludi Qujestorii.) 

QU^ESTO'RIUM. (Vid. Castra.) 

QUALUS. (Vid. Calathus.) 

QUANTI MINO'RIS is an actio which a buyer 
had against the seller of a thing, in respect of faults 
or imperfections with which the buyer ought to 
have been made acquainted ; the object of the actio 
was to obtain an abatement in the purchase-money. 
This action was to be brought within a year or 

1. (Dig. 1, tit. 13, I) 2 and 4. — Lyd., De Mag., i., 28. — Lam- 
prid., Alex. Sev., 43.— Plin., Epist., vii., 16.)— 2. (Suet., Claud., 
24.— Tacit., Annal., 1. c, xni., 5.— Suet., Dorait., 4.— Lampnd., 
Alex. Sev., 43.)— 3. (Walter, Gesch. des Rcim. Rechts, p. 371.) 
—4. (Pseudo-Ascon. in Verr., p. 167, ed. Orelli.)— 5. (Gaius, i., 
6.)— 6. (Cic, Divin., 19 ; c. Verr., II., i., 15 ; Pro P.anc, 11 ; 
ad Fam., iii., 10.)— 7. (Cic, c. Verr., 1. c) — 8. (Cic. ad Fam., 
ii., 15 ; Pro Plane, 41.)— 9. (Dig. 1, tit. 13, t> 2.- Cic, c Verr . 

: "' U!J 829 



QUINQUATRUS. 



QUINQUEVIRI. 



within six months, according as there was a cautio 
or not. 1 (Vid. Emtio et Venuitio.) 
QUART A'RIUS. {Vid. Sextarius.) 

QUASILLA'RLE. {Vid. Calathus.) 

QUASILLUM. (Vid. Calathus.) 

QUATUORVIRI JURI DICUNDO. (Vid. Co- 
lonia, p. 282.) 

QUATUORVIRI VIARUM CURANDARUM, 
four officers who had the superintendence of the 
roads (vice), were first appointed after the war with 
Pyrrhus, when so many public roads were made by 
the Romans. 2 They appear to be the same as the 
Viocuri of Varro. 3 

*QUERCUS (dpvc), the Oak, or " Quercus (Linn., 
gen. 1447) species orams." " On reading atten- 
tively," says Fee, " the different passages of Virgil 
where mention is made of the oak, it is easy to 
perceive that the poet refers to several species, the 
determination of which would not be an easy task. 
The kind of oak, however, which figures most com- 
monly in his verses as the symbol of strength, and 
which, moreover, from its majestic beauty, was con- 
secrated to the father of the gods, is the species 
to which botanists have given the name of Quercus 
robur, and which abounds in Europe." According 
to ancient legends, the fruit of the oak served as 
nourishment tor the early race of mankind. If this 
account be true, it must have been on the acorns of 
the Quercus ilex that the primitive race of mankind 
supported themselves. They are still used as an 
article of food by the inhabitants of certain coun- 
tries in the south of Europe, and taste, when roast- 
ed, like chestnuts. In the year 1812, during the 
Peninsular War, the French troops cantoned in the 
environs of Salamanca, where immense forests of 
the Quercus ball'ota exist, lived for several days on 
the fruit of these trees. "The species of oak de- 
scribed by Theophrastus may be thus arranged : 1. 
the dpvc ij/Liepte, Quercus robur. — 2. 6. alylXu^, Q. 
(jp.gilops. — 3. 6. nlarvtyvllog (uncertain).— 4. 6. tyn- 
■yoc, Q. cesculus. — 5. 6. dXi<p?ioioc (uncertain). — 6. 6. 
$£Xkoc, Q. suber. — 7. 6. srvfiodpvc (uncertain). — 8. 
<5. boTrpLc, Q. cerris. — The dpvg of Homer is refera- 
ble to both the Q. ilex and Q. cesculus.'" (Vid. 
./Esculus.) 4 

QUERE'LA INOFFICIO'SI TESTAMENT! 
(Vid. Testamentum.) 

QUIN A'RIUS. {Vid. Denarius.) 

QUINCUNX. (Vid. As, p. 110.) 

QUINDECEMVIRI. ( Vid: Decemviri, p. 340.) 

QUINQUAGE'SIMA, the fiftieth, or a tax of two 
per cent, upon the value of all slaves that were 
sold, was instituted by Augustus, according to Dion 
Cassius. 5 Tacitus, 6 however, mentions the twen- 
ty-fifth, or a tax of four per cent, upon the sale of 
slaves in the time of Nero : if both passages are 
correct, this tax must have been increased after 
the time of Augustus, probably by Caligula, who, 
we are told by Suetonius, 7 introduced many new 
taxes. 8 

"We are also told by Tacitus 9 that Nero abolished 
the quinquagesima ; this must have been a different 
tax from the above-mentioned one, and may have 
been similar to the quinquagesima mentioned by Ci- 
cero 10 in connexion with the aratores of Sicily. 

A duty of two per cent, was levied at Athens 
upon exports and imports. (Vid. Pentecoste.) 

QUINQUATRUS or QUINQUA'TRIA, a festival 
sacred to Minerva, which was celebrated on the 
19th of March (a. d. XIV., Kal. Apr.), and was so 

1. (Dig. 21, tit. 1 ; 44, tit. 2.)— 2. (Dig. 1, tit. 2, s. 2, $ 30.— 
Orelli, Inscrip., n. 773.) — 3. (De Ling. Lat., v., 7, ed. Miiller.) 
— 4. (Fee, Flore de Virgile, p. cxxxviii. — Theoplir., H. P., i., 5 ; 
iii., 5; iv., 6. — Adams, Append., s. v.) — 5. (lv., 31.) — 6. (xiii., 
31.) — 7. (in Vita, c. 40.)— 8. (Burmann, De Vectig., p. 69, &c.) 
-9. (Ann., xiii., 51.)— 10. (c. Verr., II., iii., 49.) 
830 



called, according to Varro, 1 because it was the fifth 
day after the ides, in the same way as the Tuscu- 
lans called a festival on the sixth day after the ide* 
Sexatrus, and one on the seventh Septimatrus. Gel- 
lius 2 and Festus 3 also give the same etymology, ano 
the latter states that the Faliscans too called a fes 
tival on the tenth day after the ides Decimatrus* 
Both Varro and Festus state that the quinquatrus 
was celebrated for only one day, but Ovid 5 sayr 
that it was celebrated for five days, and was foi 
this reason called by this name : that on the first 
day no blood was shed, but that on the last four 
there were contests of gladiators. It would appear, 
however, from the above-mentioned authorities, that 
the first day was only the festival properly so caL- 
ed, and that the last four were merely an addi- 
tion, made, perhaps in the time of Coesar, to grat- 
ify the people, who became so passionately fond of 
gladiatorial combats. The ancient calendars, too, 
assign only one day to the festival. 

Ovid 6 says that this festival was celebrated in 
commemoration of the birthday of Minerva ; but, 
according to Festus, it was sacred to Minerva be- 
cause her temple on the Aventine was consecrated 
on that day. On the fifth day of the festival, ac- 
cording to Ovid, 7 the trumpets used in sacred rites 
were purified ; but this seems to have been original- 
ly a separate festival, called Tubilustrium, 6 which 
was celebrated, as we know from the ancient cal- 
endars, on the 23d of March (a. d. X., Cal. Apr.), 
and would, of course, when the quinquatrus was 
extended to five days, fall on the last day of that 
festival. 

As this festival was sacred to Minerva, it seems 
that women were accustomed to consult fortune- 
tellers and diviners upon this day. 9 Domitian 
caused it to be celebrated every yoai in his Alban 
Villa, situated at the foot of the hills of Alba, and 
instituted a collegium to superintend the celebration, 
which consisted of the hunting of wild beasts, of 
the exhibition of plays, and of contests of orators 
and poets. 10 

There was also another festival of this name, 
called Quinquatrus Minusculce or Quinqua.tr es Mi- 
nores, celebrated on the ides of June, on which the 
tibicines went through the city in procession to the 
Temple of Minerva. 11 

QUINQUENNA'LIA were games instituted by 
Nero, A.D. 60, in imitation of the Greek festivals, 
and celebrated, like the Greek TzevraeT'npidec, at the 
end of every four years : they consisted of musical, 
gymnastic, and equestrian contests, and were called 
Neroniana. 1 * Suetonius and Tacitus' 13 say that such 
games were first introduced at Rome by Nero, by 
which they can only mean that games consisting 
of the three contests were new, since quinquen- 
nalia had been previously instituted both in honour 
of Julius Caesar 14 and of Augustus. 15 The quinquen- 
nalia of Nero appear not to have been celebrated 
after his time till they were revived again by Domi- 
tian in honour of the Capitoline Jupiter. 16 

QUINQUENNA'LIS. (Vid. Colonia, p. 283.) 

QUINQUERE'MIS. (Vid. Ships.) 

QUINQUERTIUM. (Vid. Pentathlon.) 

QUINQUEVIRI, or five commissioners, were 
frequently appointed, under the Republic, as extraor- 
dinary magistrates to carry any measure into effect. 
Thus quinqueviri mensarii, or public bankers, were 
sometimes appointed in times of great distress (vid. 



1. (De Ling. Lat., vi., 14, ed. Miiller.)— 2. (ii. 21.)— S. (s. v.) 
(Compare Miiller, Etrusker, ii., p. 49.) — 5. (Fast., iii., 809, 
&c.)— -6. (I.e.)— 7. (1. 849.) -8 (Festus, s. v.— Varro, 1. c)— 9 
(Plaut., Mil., iii., 1, 98.)— 10. (Suet., Dom., 4.)— 11. (Varro, De 
Ling. Lat., vi., 17.— Ovid, Ftst., vL, 651, &c. — Festus, p. 149, 
ed. Midler.)— 12. (Suet., Ner., 12.— Tae., Ann., xiv., 20.— Dior 
Cass., lxi., 21.) — 13. (11. cc.) — 14. (Dion Cass., xliv., 6.) — 15 
(W li., 19.— Suet., Octav., 59.)— 16. (Suet., Doin.. 4.) 



QUORUM BONORUM. 



QUORUM BONORUM. 



Wensarii) ; the same number of commissioners 
was sometimes appointed to superintend the forma- 
tion of a colony, though three (triumviri) was a 
more common number. (Vid. Colonia, p. 280.) 
We find, too, that quinqueviri were created to su- 
perintend the repairs of the walls and of the towers 
if the city, 1 as well as for various other purposes. 

Besides the extraordinary commissioners of this 
name, there were also permanent officers, called 
quinqueviri, who were responsible for the safety of 
the city after sunset, as it was inconvenient for the 
regular magistrates to attend to this duty at that 
time : they were first appointed soon after the war 
with Pyrrhus. 2 

QUINT A'NA. (Vid. Castra.) 
QUINTI'LIS. (Vid. Calendar, Roman.) 
QUIRINA'LIA, a festival sacred to Quirinus, 
which was celebrated on the 17th of February (a. 
d. XIII., Cal. Mart.), on which day Romulus (Qui- 
rinus) was said to have been carried up to heaven. 3 
This festival was also called Stultorum feria, re- 
specting the meaning of which, see Fornacalia. 
QUIRINA'LIS FLAMEN. (Vid. Flamen.) 
QUIRITIUM JUS. ( Vid. Civitas, Roman ; Jus, 
p. 561.) 

QUOD JUSSU, ACTIO. (Vid. Jussu, Quod, 
Actio.) 

QUORUM BONORUM, INTERDICTUM. The 
object of this interdict is to give to the prastorian 
heres the possession of anything belonging to the 
hereditas which another possesses pro herede or 
pro possessore. The name of this interdict is de- 
rived from the introductory words, and it runs as 
follows : " Ait prcBtor : Quorum bonorum ex edicto 
meo ilk possessio data est : quod de his bonis pro he- 
rede aut pro possessore possides, possideresve si nihil 
usucaptum esset : quod quidem dolo malo fecisti, uti 
desineres possidere : id- Mi restituas." The plaintiff 
is entitled to this interdict when he has obtained 
the bonorum possessio, and when any one of the 
four following conditions apply to the defendant. 
1 . Quod, de his bonis pro herede. 

2 Aut pro possessore possides. 

3 Possideresve si nihil usucaptum esset. 

4. Quod quidem dolo malo fecisti, uti desineres pos- 
sidere. 

The first two conditions are well understood, 
and apply, also, to the case of the hereditatis petitio. 
The fourth condition also applies to the case of the 
hereditatis petitio and the rei vindicatio ; but, in- 
stead of " quod quidem," the reading " quodque" has 
been proposed, which seems to be required ; for No. 
4 has no reference to No. 3, but is itself a new con- 
dition. The words of No. 3 have caused some dif- 
ficulty* which may be explained as follows. 

In establishing the bonorum possessio, the praetor 
intended to give to many persons, such as emanci- 
pated children and cognati, the same rights that the 
heres had ; and his object was to accomplish this ef- 
fectually. The Roman heres was the representative 
of the person who had died and left an hereditas, and 
by virtue of this representative or juristical fiction of 
the person of the dead having a continued existence 
in the person of the heres, the heres succeeded to 
his property, and to all his rights and obligations. 
In the matter of rights and obligations, the praetor 
put the bonorum possessio in the same situation as 
the heres, by allowing him to sue in respect of the 
claims that the deceased had, and allowing any 
person to sue him in respect of claims against the 
deceased, in an actio utilis or fictitia.* In respect 
to the property, according to the old law any person 
might take possession of a thing belonging to the 



1. (Liv., xxv., 7.)— 2. (Dig-. 1, tit. 2, s. 2, $ 31.)— 3. (Ovid, 
Fast., ii., 475— Fest., s. v.— Varro, De Ling-. Lat , vi., 13, ed. 
Miiller >-4. (Ulp., Frae., tit 28. s. 12.— Gaius, iv 34.) 



hereditas, and acquire the ownership of it in a cer- 
tain time by usucapion. 1 The persons in whose 
favour the praetor's edict was made could do this 
as well as any other person ; but if they found any 
other person in possession of anything belonging to 
the hereditas, they could neither claim it by the 
vindicatio, for they were not owners, nor by the he- 
reditatis petitio, for they were not heredes. To 
meet this difficulty, the interdictum quorum bono- 
rum was introduced, the object of which was to aid 
the bonorum possessor in getting the possession 
(whence the title of the interdictum adipiscendae 
possessionis), and so commencing the usucapion. 
If he lost the possession before the usucapion was 
complete, he could, in most cases, recover it by 
the possessorial interdicts properly so called, or by 
other legal means. This, according to Savigny, is 
the origin of the bonorum possessio. 

In course of time, when bonitarian ownership (in 
bonis) was fully established, and coexisted with 
Quiritarian ownership, this new kind of ownership 
was attributed to the bonorum possessor after he 
had acquired the bonorum possessio. and thus all 
that belonged to the deceased ex jure Quiritium be- 
came his in bonis, and finally, by usucapion, ex 
jure Quiritium, though in the mean time he had 
most of the practical advantages of Quiritarian own- 
ership. Ultimately the bonorum possessio came to 
be considered as a species of hereditas, and the like 
forms of procedure to those in the case of the real 
hereditas were applied to the case of the bonorum 
possessio : thus arose the possessoria hereditatis 
petitio, which is mentioned by Gaius, and cannot, 
therefore, be of later origin than the time of Marcus 
Atirelius. Thus the new form of procedure, which 
would have rendered the interdictiquorum bonorum 
unnecessary if it had been introduced sooner, co- 
existed with the interdict, and a person might avail 
himself of either mode of proceeding, as he found 
best. 3 In the legislation of Justinian we find both 
forms of procedure mentioned, though that of the 
interdict had altogether fallen into disuse. 3 

According to the old law, any possessor, without 
respect to his title, could, by usucapion pro herede, 
obtain the ownership of a thing belonging to the 
hereditas ; and, of course, the bonorum possessor 
was exposed to this danger as much as the heres. 
If the time of usucapion of the possessor was not 
interrupted by the first claim, the heres had no title 
to the interdict, as appears from its terms, for such 
a possessor was not included in No. 1 or 2. Ha- 
drian, 4 by a senatus consultum, changed the law so 
far as to protect the heres against the complete 
usucapion of an improbus possessor, and to restore 
the thing to him. Though the words of Gaius are 
general, there can be no doubt that the senatus 
consultum of Hadrian did not apply to the usucapi- 
on of the bonorum possessor nor to that of the bonae 
fidei possessor. Now if we assume that the sena- 
tus consultum of Hadrian applied to the bonorum 
possessor also, its provisions must have been intro- 
duced into the formula of the interdict, and thus 
the obscure passage No. 3 receives a clear mean- 
ing, which is this : You shall restore that also which 
you no longer possess pro possessore, but once so 
possessed, and the possession of which has only lost 
that quality in consequence of a lucrativa usucapio. 
According to this explanation, the passage No. 3 
applies only to the new rule of law established by 
the senatus consultum of Hadrian, which allowed 
the old usucapion of the improbus possessor to have 
its legal efTect, but rendered it useless to him by 
compelling restitution. In the legislation of Jus- 
tinian, consequently, these words have no meaning 

1. (Gaius, ii., 52-58.)— 2. (Gaius, iii., 34.)— 3- (Inst., iv., tit 
15 )— 4. (Gaius. ii., 57.) 



RECEPTA ACTIO. 



REDHIBITORIA ACTIO. 



since that old usucapion forms no part of it; yet 
the words have been retained in the compilation of 
..ustinian, like many others belonging to an earlier 
age, though in their new place they are entirely de- 
void of meaning. 1 

R. 

*RAIA, a species offish, the Skate. ( Vid. Batis.) 
RAMNES, RAMNENSES. (Vid. Patricii.) 
*RANA, the Frog. (Vid. Batrachus.) 
♦RANUNCULUS, a plant. (Vid. Batrachion.) 
*RAPHANUS. (Vid. Rhaphanis.) 
RAPFNA. (Vid. Bona Rapta, Furtum.) 
RASTER or RASTRUM, dim. RASTELLUS, 
RALLUS, RALLUM (t-variip), a spud (vid. Katri- 
nos) a rake, a hoe. 

Agreeably to its derivation from rado, to scrape, 
"raster" denoted a hoe which in its operation and 
in its simplest form resembled the scrapers used by 
our scavengers in cleansing the streets. By the 
division of its blades into tines or prongs, it assu- 
med more of the form of our garden-rakes, and it 
was distinguished by the epithets Udens and quad- 
tidens, 2 according to the number of the divisions. 

The raster bidcns was by far the most common 
?pecies, and hence we frequently find it mentioned 
under the simple name bidcns. 3 This term corre- 
sponds to the Greek dlneTJio., for which cfxivvn was 
substituted in the Attic dialect. 4 The bidens was 
used to turn up the soil, and thus to perform, on a 
small scale, the part of a plough. 5 But it was much 
more commonly used in the work called occatio and 
Sohoaoma, i. e., the breaking down of the clods af- 
ter ploughing, 6 (Vid. Malleus.) Hence it was 
heavy. 7 The prongs of the bidens held by the rus- 
tic in the woodcut at p. 715 are curved, which 
agrees with the description of the same implement 
in Catullus. 8 Vine-dressers continually used the 
bidens in hacking and breaking the lumps of earth, 
stirring it, and collecting it about the roots of the 
vines. 9 In stony land it was adapted for digging 
trenches, while the spade was better suited to the 
purpose when the soil was full of the roots of rush- 
es and other plants. 10 (Vid. Pal a.) Wooden rakes 
were sometimes used. 11 
RATIO'NIBUS DISTRAHENDIS ACTIO. ( Vid. 

TlJTELA.) 

RECEPTA; DE RECEPTO, ACTIO. The 
praetor declared that he would allow an action 
against nautae, caupones, and stabularii, in respect 
of any property for the security of which they had 
undertaken (receperint, whence the name of the ac- 
tion), if they did not restore it. The meaning of the 
term nauta has been explained (vid. Exercitoria 
Actio) : the meaning of caupo follows from the de- 
scription of the business of a caupo. 12 " A nauta, 
caupo, and stabularius are paid, not for the care 
which they take of a thing, but the nauta is paid for 
carrying passengers, the caupo for permitting trav- 
ellers to stay in his caupona, the stabularius for al- 
lowing beasts of burden to stay in his stables, and 
yet they are bound for the security of the thing also 
(custodies nomine tenentur).'''' The two latter actions 
are similar to such actions as arise among us against 
innkeepers and livery-stable-keepers, on whose 
premises loss or injury has been sustained with re- 
spect to the property of persons which they have by 



I. (Savigny, Ueber das Interdict Quorum Bonorum, Zeit- 
Bchrift, &c, vol. v. — Dig. 43, tit. 2. — Gaius, iv., 144.) — 2. 
(Cato, De Re Rust., 10.)— 3. (Juv., iii., 228.)— 4. (Xen., Cyrop., 
vi., 2, y 34, 36.— Aristoph., Nub., 1488, 1502.— Aves, 601.— 
Phryn., Eel., p. 302, ed. Lobeck.— Plato, Repub., p. 426, /.— 
Tim., Lex. Plat., s. v.)— 5. (Plin., II. N., xvii., 9, s. 6.) — 6. 
(Virg., Georg , i., 94, 155.)— 7. (Ovid, Met., xi., 101.)— 8. (vi., 
39.)— 9. (Virg., Georg., ii., 355, 400.— Col., De Re Rust., iii., 13 ; 
iv., 14.— Geopon., v., 25.)— 10. (Plin., H. N., xviii., 6, s. 8.— Su- 
•ton., Nero, 19.)— 11. (Col., De Re Rust , ii., 13.)— 12. (Dig. 4, 
tit. 9, s. 5.) 

832 



iegal implication undertaken the care of. At first 
sight there seems no reason for these praetoriae ac- 
tiones, as the person who naa sustained loss would 
either have an actio locati and conducti in cases 
where payment had been agreed on, or an actio de- 
positi where no payment had been agreed on ; but 
Pomponius suggests that the reason was this : in a 
matter of locatum and conductum, the receiver \\m 
only answerable for loss in case lie was guilty of 
culpa ; and in a matter of depositum, only in case 
he was guilty of dolus malus ; but the receiver 
was liable to these praetoriae actiones if the thing 
was lost or injured even without any culpa on his 
part, and he was only excused in case of damnum 
fatale, such as shipwreck, piracy, and so forth. 

These praetorian actions in factum were either 
" rei persecutorice" for the recovery of the thing, or 
" pcenales" for damages. The former action might 
be maintained against the heres of the nauta, cau- 
po, or stabularius. The exercitor of a ship was an- 
swerable for any loss or damage caused to proper- 
ty, which he had received in the legal sense of this 
term, by any person in his employment. The actio 
against him was in duplum. The liability on the 
part of caupones and stabularii was the same : a 
caupo, for instance, was answerable for loss or 
damage to the goods of any traveller who lodged 
in his house, if caused by those who were dwelling 
in the caupona, but not if caused by other travel- 
lers. The actio for damages could not be main- 
tained against the heres. 1 

When parties who had a matter to litigate had 
agreed to refer it to an arbitrator, which reference 
was called compromissum, and a person had ac- 
cepted the office of arbitrator (ajbitrium receperit), 
the praetor would compel him to pronounce a sen- 
tence, unless he had some legal excuse. The prae- 
tor could compel a person of any rank, as a consu- 
laris, for instance, to pronounce a sentence after ta- 
king upon him the office of arbitrator ; but he could 
not compel a person who held a magistratus or po- 
testas, as a consul or praetor, for he had no imperium 
over them. The parties were bound to submit to 
the award of the arbitrator ; and if either party re- 
fused to abide by it, the other had against him a 
pcenae petitio, if a poena was agreed on in the com- 
promissum ; and if there was no po&na in the com 
promissum, he had an incerti actio. 2 

RECISSO'RIA ACTIO. (Vid. Intercessio, p. 
542.) 

RECUPERATO'RES. (Vid. Actio, p. 18; Jit- 
dex, p. 550.) 

REDEMPTOR, the general name for a contract- 
or who undertook the building and repairing of 
public works, private houses, &c, and, intact, of 
any kind of work. 3 The farmers of the public tax- 
es were also called Redemplores* 

REDHIBITO'RIA ACTIO was an actio which 
a buyer had against a seller for rescinding the bar- 
gain of sale on account of any defect in the thing 
purchased, which the buyer was not acquainted 
with, and which, according to the edict of the cu- 
rule aediles, he ought to have been acquainted with. 
" Redhibere," says Ulpian, "is so to act that the 
seller shall have back what he had ; and because 
this is done by restoration, for that reason it is call- 
ed ' redhibition which is as much as to say ' reddi- 
tio. 1 " The effect of the redhibitio was to rescind 
the bargain, and to put both parties in the same 
condition as if the sale had never taken place 
The time allowed for prosecuting the actio redhi- 
bitoria was " sex menses utiles" which were reckon- 

1. (Dig. 4, tit. 9.— Peckii in Titt., Dig. et Cod., Ad rem nauti- 
cam pertinentes Commentarii, <fec, Amstel., 1668.) — 2. (Dig. 4, 
tit. 8.) — 3. (Festus, s. v.— Hor., Carm., iii., 1, 35. — Ep., ii., 2- 
72.— Cic, De Div., ii., 21.)— 4 (Dig. 19, tit 2, s. 60, v 8.) 



REGIA LEX. 



REPETUJNUA. 



ed from the day of sale, or from the time when any 
statement or promise had been made relating to 
the matter (dictum promissumve, the words of the 
edict 1 ). 

REDIMIC'ULUM (/cafar^p), a fillet attached to 
the Calantica, Diadema, mitra, or other headdress 
at the occiput, and passed over the shoulders so as 
to hang on each side over the breast. 3 Redimicu- 
la were properly female ornaments ; 3 and in the 
statues of Venus they were imitated in gold.* 

RE GIA LEX. A lex regia during the kingly 
period of Roman history might have a twofold 
meaning. In the first place, it was a law which 
had been passed by the comitia under the presiden- 
cy of the king, and was thus distinguished from a 
lex tribunicia, which was passed by the comitia 
under the presidency of the tribunus celerum. In 
later times, all laws, the origin of which was at- 
tributed to the time of the kings, were called leges 
regiae, though it by no means follows that they 
were all passed under the presidency of the kings, 
and much less, as some modern scholars have sup- 
posed, that they were enacted by the kings without 
the sanction of the curies. Some of these laws 
were preserved and followed at a very late period 
of Roman history. Livy 5 tells us, that after the 
city was burned by the Gauls, the leges regiae still 
extant were collected. That they were followed 
at a much later period is clear from Livy. 6 Frag- 
ments of such laws are preserved in Festus, 7 Pli- 
ny, 8 and others. 9 The minute detail into which 
some of them appear to have entered, allows us to 
infer that their number was not small. The exist- 
ence of such leges belonging to the period of the 
kings cannot be doubted, though it may be uncer- 
tain whether they were written at so early a pe- 
riod. 10 (Vid. Jus Civile, Papirianum.) 

The second meaning of lex regia during the 
kingly period was undoubtedly the same as that of 
the lex curiata de imperio. (Vid. Imperium.) This 
is, indeed, not mentioned by any ancient writer, but 
must be inferred from the lex regia which we meet 
with under the Empire, for the name could scarce- 
ly have been invented then ; it must have come 
down from early times, when its meaning was sim- 
ilar, though not by far as extensive. During the 
Empire the curies continued to hold their meet- 
ings, though they were only a shadow of former 
times ; and after the election of a new emperor, 
they conferred upon him the imperium in the an- 
cient form by a lex curiata de imperio, which was 
now usually called lex regia. The imperium, how- 
ever, which this regia lex conferred upon an em- 
peror, was of a very different nature from that which 
in former times it had conferred upon the kings. 
It now embraced all the rights and powers which 
formerly the populus Romanus had possessed, so 
that the emperor became what formerly the popu- 
lus had been, that is, sovereign. Hence he could 
do all those things on his own authority which had 
formerly been done by the populus Romanus, or, at 
least, only with its sanction. 11 A fragment of such 
a lex regia, conferring the imperium upon Vespa- 
sian, engraved upon a brazen table, is still extant 
in the Lateran at Rome. It is generally called, 
though wrongly, Senatus consultum de Vespasiani 
Imperio. It is copied in Ernesti, Excurs. ii. on 
Tacitus, vol. ii., p. 604, &c., ed. Bekker. 13 

1. (Dig. 21, tit. 1.)— 2. (Virg., ^n., ix., 616.— Ovid, Met., x., 
265.) — 3. (Festus. s. v. — Ovid, Epist., ix., 71. — Juv., ii., 70. — 
Prudent., Psychom., 448.)— 4. (Ovid, Fast., iv., 135-137.)— 5. 
(vi., 1.)— 6. (xxxiv., 6.) — 7. (s. v. PJorare and occisum.) — 8. (H. 
N.. xxxni., 10.)— 9. (Compare Dionys., ii., 10.— Tacit., Ann., iii., 
26 : xii., 8.— Dig. 1, tit. 2, s. 2, t> 2.)— 10. (Dirksen. Ue!>ersicht d. 
bisherigen Versuche zur Kritik und Hergtellung des Textes der 
Uehcrbleibsel von Jen Gesotzen der Horn. Konige, p. 234, <fcc.) 
—11. (Dig. 1, tit. 4, s. 1.— Cod. ,, tit. 17, a. 1.)— 12. (Compare 
Tarn., Hist.. Iv. ?. 6 — Nieljuhr, Hist, of Rome, i., p. 343.) 



REGIFU'GiUM or FUGA'LIA, the king s flight, 
a festival which was held by the Romans every 
year on the 24th of February, and, according to 
Verrius 1 and Ovid, 2 in commemoration of the flight 
of King Tarquinius Superbus from Rome. The 
day is marked in the fasti as nefastus. In some 
ancient calendaria the 24th of May is likewise call- 
ed Regifugium, and in others it is described as Q. 
Rex C. F., that is, " quando rex comitiavit fas," or 
" quando rex comitw fugit." Several ancient a& 
well as modern writers have denied that either of 
these days had anything to do with the flight of 
King Tarquinius, 3 and are of opinion that these 
two days derived their name from the symbolical 
flight of the rex sacrorum from the comitium ; for 
this king-priest was generally not allowed to ap- 
pear in the comitium, which was destined for the 
transaction of political matters, in which he could 
not take part. But on certain days in the year, 
and certainly on the two days mentioned above, he 
had to go to the comitium for the purpose of offer- 
ing certain sacrifices, and immediately after he had 
performed his functions there he hastily fled from 
it ; and this symbolical flight was called Regifu- 
gium.* 

REGULA (Kavuv), the ruler used by scribes for 
drawing right lines with pen and ink ; 5 also the 
rule used by carpenters, masons, and other artif- 
icers, either for drawing straight lines or making 
plane surfaces. 6 That it was marked with equal 
divisions, like our carpenter's rules, is manifest 
from the representations of it among the " instru- 
menta fabrorum tignariorum" in the woodcuts at 
pages 252, 664. The substance with which the 
lines were made was raddle or red ochre (//i7„roc 7 ). 
(Vid. Line a.) 

The scalebeam is sometimes called Kav&v instead 
of Cvyov. (Vid. Jugum.) Two rulers were some 
times fixed crossways, in the form of the 'etter X, 
as a support for a piece of machinery. 9 

REI UXO'RLE or DOTIS ACTIO. (Vid. Dos.) 

RELATIO. (Vid. Senatus.) 

RELEGA'TIO. (Vid. Banishment, Roman.) 

REMANCIPA'TIO. ( Vid. Emancipate 

REMMIA LEX. (Vid. Calumnia.) 

REMU'RIA. (Vid. Lemuria.) 

REMUS. (Vid. Ships.) 

REPA'GULA. (Vid. Janua. p. 526.) 

REPETUNDtE or PECUNLE REPETUND^E. 
Repetundae pecuniae was the term used to designate 
such sums of money as the socii of the Roman state 
or individuals claimed to recover from magistratus, 
judices, or publici curatores, which they had im- 
properly taken or received in the provinciae or in 
the urbs Roma, either in the discharge of their ju- 
risdictio, or in their capacity of judices, or in respect 
of any other public function. Sometimes the word 
repetundae was used to express the illegal act for 
which compensation was sought, as in the phrase 
" repetundarum insimulari, damnari ;" and pecuniae 
meant not only money, but anything that had value. 
Originally inquiry was made into this offence extra 
ordinem ex senatus consulto, as appears from the 
case of P. Furius Philus and M. Matienus, who 
were accused of this offence by the Hispani. 9 The 
first lex on the subject was the Calpurnia, which 
was proposed and carried by the tribunus plebis Ii. 
Calpurnius Piso (B.C. 149), who also distinguished 
himself as an historical writer. By this lex a prae- 
tor was appointed for trying persons charged with 
this crime. 10 This lex only applied to provincial 

1. (ap. Fest., s. v. Regifugium.)— 2. (Fast., ii., 685, &c.)— 3 
(Cincius ap. Fest., 1. c.)— 4. (Festus, 1. c. — Plut., Quaest. Rom. 
63.- Ovid, Fast., v., 727.)— 5. (Brunck, Anal., iii., 69, 87.)— «. 
(Aristoph., Ran., 798.— Vitruv., vii., 3, v 5.)— 7. (Brunck, Anal 
i.,221.)— 8. (Col.,De Re Rnst.,:ii., 13.)— 9. (Liv., xliii., 2.)— 10 
'C:c, De. Off., ii , 21.— Id.. Brut., 27.) 

8)? 



REPETUND.E 



RESTITUTIO IN INTEGRUM. 



magistrates, because in the year B.C. 141, accord- 
ing to Cicero, 1 the like offence in a magistrates ur- 
banus was the subject of a quaestio extra ordinem. 
It seems that the penalties of the lex Calpurnia were 
merely pecuniary, and, at least, did not comprise 
exsilium, for L. Lentulus, who was censor B.C. 
147, had been convicted on a charge of repetundae 
in the previous year. The pecuniary penalty was 
ascertained by the litis aestimatio, or taking an ac- 
ount of all the sums of money which the convicted 
arty had ill ;gally received. 

Various Jjges De Repetundis were passed after 
the lex Calpurnia, and the penalties were continually 
made heavier. The lex Junia was passed probably 
about B.C. 126, on the proposal of M. Junius Pen- 
nus, tribunus plebis. It is probable that this was 
the lex under which C. Cato, proconsul of Macedo- 
nia, was living in exile at Tarraco ; 2 for at least 
exsilium was not a penalty imposed by the Calpur- 
nia lex, but was added by some later lex. This lex 
Junia and the lex Calpurnia are mentioned in the 
lex Servilia. 

The lex Servilia Glaucia was proposed and car- 
ried by C. Servilius Glaucia, praetor, in the sixth 
consulship of Marius, B.C. 100. This lex applied to 
any magistrates who had improperly taken or re- 
ceived money from any private person ; but a ma- 
gistrates could not be accused during the term of 
office. The lex enacted that the praetor peregrinus 
should annually appoint 450 judices for the trial of 
this offence : the judices were not to be senators. 
The penalties of the lex were pecuniary and exsili- 
um ; the law allowed a comperendinatio. 3 Before 
the lex Servilia, the pecuniary penalty was simply 
restitution of what had been wrongfully taken ; this 
lex seems to have raised the penalty to double the 
mount of what had been wrongfully taken ; and 
ubsequently it was made quadruple. Exsilium was 
nly the punishment in case a man did not abide his 
trial, but withdrew from Rome.* Under this lex 
were tried M. Aquillius, P. Rutilius, M. Scaurus, 
and Q. Metellus Numidicus. The lex gave the civ- 
itas to any person on whose complaint a person was 
convicted of repetundae. 5 When Sigonius was pro- 
fessor at Padua, he found in the library of Cardinal 
Bembo two fragments of a Roman law on bronze, 
which, for reasons apparently sufficient, he consid- 
ers to be fragments of this lex Servilia. The in- 
scription, which is greatly mutilated, is given in the 
work of Sigonius De Judiciis, and has also been 
published by Klenze, Berol., 1825, but the writer has 
not seen the work of Klenze. 

The lex Acilia, which seems to be of uncertain 
date, was proposed and carried by M. Acilius Gla- 
brio, a tribunus plebis, which enacted that there 
should be neither ampliatio nor comperendinatio. 
It is conjectured that this is the lex Caecilia men- 
tioned by Valerius Maximus, 6 in which passage, if 
the conjecture is correct, we should read Acilia for 
Caecilia. 7 It has been doubted whether the Acilia or 
Servilia was first enacted, but it appears that the 
Acilia took away the comperendinatio which the 
Servilia allowed. 

The lex Cornelia was passed in the dictatorship 
of Sulla, and continued in force to the time of C. 
Julius Caesar. It extended the penalties of repe- 
tundae to other illegal acts committed in the provin- 
ces, and to judices who received bribes, to those to 
whose hands the money came, and to those who 
did -not give into the aerarium their proconsular ac- 
counts (proconsulares rationes). The praetor who 
presided over this quaestio chose the judges by lot 

1. iDe Fin., ii., 16.)— 2. (Cic, Pro Balbo, 11.— Veil. Paterc, 
ii., 6.) - — 3. (Cic. in Verr., II., i., 9.) — 4. (Savigny, Von dem 
Schutz der Mind., Zeitschrift, x.)— 5. (Cic, Pro Balbo, 23, 24.) 
— 6. ixi.,.9, 10.) — 7. (Cic. in Verr., Act. Pr., 17 ; in Verr., II., 
i.9.) 

834 



from the senators, whence it appears that the Ser- 
vilia lex was repealed by this lex, at least so far as 
related to the constitution of the court. This lex 
also allowed ampliatio and comperendinatio. The 
penalties were pecuniary (litis aestimatio) and the 
aquae et ignis interdictio. Under this lex were tried 
L. Dolabella, Cn. Piso, C. Verres, C. Macer, M. Fon 
teius, and Lucius Flaccus, the last two of whom 
were defended by Cicero. In the Verrine orations, 
Cicero complains of the comperendinatio, or double 
hearing of the cause which the lex Cornelia allow- 
ed, and refers to the practice under the lex Acilia, 
according to which the case for the prosecution, the 
defence, and the evidence were only heard once, 
and so the matter was decided. 1 

The last lex De Repetundis was the lex Julia, 
passed in the first consulship of C. Julius Caesar, 
B.C. 59. 2 This lex consisted of numerous heads 
(capita), which have been collected by Sigonius. 
This lex repealed the penalty of exsilium, but, in 
addition to the litis aestimatio, it enacted that per- 
sons convicted under this lex should lose their rank, 
and be disqualified from being witnesses, judices, or 
senators. This is the lex which was commented 
on by the jurists, whose expositions are preserved 
in the Digest 3 and in the Code. 4 This lex adopted 
some provisions that existed in previous leges, as, 
for instance, that by w T hich the money that had been 
improperly retained could be recovered from those 
into whose hands it could be traced. 5 The lex had 
been passed when Cicero made his oration against 
Piso, B.C. 55. 6 A. Gabinius was convicted under 
this lex. Many of its provisions may be collected 
from the oration of Cicero against Piso. Cicero 
boasts that in his proconsulship of Cilicia there was 
no cost caused to the people by himself, his legati, 
quaestor, nor any one else ; he did not even demand 
from the people what the lex (Julia) allowed him. 7 

Under the Empire, the offence was punishable 
with exile. 8 

In Clinton's Fasti Hellenici, the lex Calpurnia is 
incorrectly stated to be the first law at Rome against 
bribery at elections. Bribery is Ambitus. 

(Sigonius, De Judiciis, ii., c. 27, to which subse 
quent writers have added very little.) 
REPLICA'TIO. (Vid. Actio, p. 19.) 
REPOSITO'RIA. (Vid. Ccena, p. 275.) 
REPO'TIA. (Vid. Marriage, Roman, p. 625.) 
REPU'DIUM. ( Vid. Divortium.) 
RES. (Vid. Dominium.) 
RES MA'NCIPI. (Vid. Dominium.) 
RESCRIPTUM. (Vid. Constitutions.) 
RESPONSA. (Vid. Jurisconsulti.) 
RESTITUTIO IN INTEGRUM, in the sense in 
which the term will here be used, signifies the re- 
scinding of a contract or transaction, so as to place 
the parties to it in the same position with respecr 
to one another which they occupied before the con 
tract was made or the transaction took place. The 
restitutio here spoken of is founded on the Edict. 
If the contract or transaction is such as not to be 
valid according to the jus civile, this restitutio is 
not needed, and it only applies to cases of contracts 
and transactions which are not in their nature or 
form invalid. In order to entitle a person to the 
restitutio, he must have sustained some injury ca- 
pable of being estimated, in consequence of the con- 
tract or transaction, and not through any fault of his 
own, except in the case of one who is minor xxv. 
annorum, who was protected by the restitutio against 
the consequences of his own carelessness. The in- 
jury, also, must be one for which the injured person 
has no other remedy. 

1. (in Verr., II., i., 9.)— 2. (Cic. in Vat.. 12.)- 3. (48, tit. 11.) 
—4. (9, tit. 27.)— 5. (Cic, Pro C. Rabir. Post., 4.)— 6. (in Pis., 
21.)— 7. (ad Att., v., 16.)— 8. (Tacit., Ann., xiv., 28, and the 
note of Lipsius.) 



RESTITUTIO IN INTEGRUM. 



RESTITUTIO IN INTEGRUM. 



The restitutio may either be effected on the com- 
plaint of the injured party, which would generally 
be made after the completion of the transaction, or 
when he is sued by the other party in respect of the 
transaction, and defends himself by an exceptio. 
The complaint, as a general rule, must be made 
within fom years of the time of the injury being 
discovered, and of the party being capable of bring- 
ing his action ; in the case of minores, the four 
years were reckoned from the time of their attain- 
ing their majority. In the case of an exceptio 
there was no limitation of time. 1 According to the 
old law, the complaint must be made within one 
year. 

The application for a restitutio could only be made 
to one who had jurisdictio, either original or delega- 
ted, which flowed from the possession of the impe- 
rium ; and it might, according to the circumstances, 
be decreed by the magistratus extra ordinem, or the 
matter might be referred to a judex. When a res- 
titutio was decreed, each party restored to the other 
what he had received from him, with all its acces- 
sions and fruits, except so far as the fruits on one 
side might be set off against the interest of money 
to be returned on the other side. All proper costs 
and expenses incurred in respect of the thing to be 
restored were allowed. If the object of the restitu- 
tio was a right, the injured party was restored to his 
right ; or if he had incurred a duty, he was released 
from the duty. 

The action for restitutio might be maintained by 
the person injured, by his heredes, cessionarii, and 
sureties ; but, as a general rule, it could only be 
maintained against the person with whom the con- 
tract had been made, and not against a third per- 
son who was in possession of the thing which was 
sought to be recovered, except when the actio for 
restitutio was an actio in rem scripta, or the injured 
party had an actio in rem, or when the right which 
he had lost was a right in rem. 

The grounds of restitutio were either those ex- 
pressed in the Edict, or any good and sufficient 
cause : " item si qua alia mihi justa causa esse vide- 
Vuu.' vi integrum restituam, quod ejus per leges ple- 
biscita, senatus consulta, edicta, decreta principum 
licebit." 2 

The ground of the restitutio was, that the party 
who had just cause of complaint had not bona fide 
consented to the contract or transaction by which 
he was injured. The following are the chief cases 
in which a restitutio might be decreed : 

The case of vis et metus. When a man had act- 
ed under the influence of force, or reasonable fear 
caused by the acts of the other party, he had an 
actio quod metus causa for restitution against the 
party who was the wrong-doer, and also against an 
innocent person who was in possession of that which 
had thus illegally been got from him, and also against 
the heredes of the wrong-doer if they were enriched 
by being his heredes. If he was sued in respect of 
the transaction, he could defend himself by an ex- 
ceptio quod metus causa. The actio quod metus 
was given by the prsetor L. Octavius, a contempo- 
rary of Cicero. 3 

The case of dolus. When a man was fraudulent- 
ly induced to become a party to a transaction which 
was legal in all respects saving the fraud, he had 
ilia actio de dolo malo against the guilty person and 
his heredes, so far as they were made richer by the 
fraud, for the restoration of the thing of which he 
had been defrauded, and, if that was not possible, 
'or compensation. Against a third party who was 
f\ bona fide possession of the thing, he had no ae- 
on. If h e was sued in respect of the transaction, 

1. (Cod., ii., tit. 53, s. 7.)— 2. (Dig. 4, tit. G. a. 1.)— 3. (Com- 
c lie. in Yen . " ni . 65, and Dig. 4, tit. 2, 8. 1.) 



he could defend himself by the exceptio ooli mall 
(Vid. Culpa.) 1 

The case of minores xxv. annorum. A mino 
could by himself do no legal act for which the as- 
sent of a tutor or curator was required, and, there- 
fore, if he did such act by himself, no restitutio was 
necessary. If the tutor had given his auctoritas, or 
the curator his assent, the transaction was legally 
binding, but yet the minor could claim restitutio if 
he had sustained injury by the transaction. Gaius* 
gives an example when he says that, if too large an 
amount was inserted in the condemnatio of the 
formula, the matter is set right by the praetor, or, in 
other words, "reus in integrum restituitur ;" but if 
too little was inserted in the formula, the praetor 
w r ould not make any alteration ; " for," he adds, 
"the prsetor more readily relieves a defendant than 
a plaintiff; but we except the case of minores xxv. 
annorum, for the praetor relieves persons of this 
class in all cases wherein they have committed er- 
ror {in omnibus rebus lapsis)." 

There were, however, cases in which minores 
could obtain no restitutio ; for instance, when a mi- 
nor, with fraudulent design, gave himself out to be 
major ; when he confirmed the transaction after 
becoming of age ; and in other cases. The benefit 
of this restitutio belonged to the heredes of the mi- 
nor, and generally, also, to sureties. The demand 
could only be made, as a general rule, against the 
person with whom the minor had the transaction 
and his heredes. The minor had four years after 
attaining his majority in which he could sue. The 
older law allowed only one year. If the time had 
not elapsed when he died, his heres had the benefit 
of the remaining time, which was reckoned from the 
time adeundi hereditatem ; and if the heres was a 
minor, from the time of his attaining his majority. 
(Vid. Curator.) 

The case of absentia : which comprehends not 
merely absence in the ordinary sense of the word, 
but absence owing to madness or imprisonment, and 
the like causes. 3 If a man had sustained injury by 
his own absentia, he was generally entitled to resti- 
tutio if the absentia was unavoidable : if it was not 
unavoidable, he was entitled to restitutio, either if 
he could have no redress from his procurator, or 
was not blameable for not having appointed one. 
If a man found that he might sustain damage on ac- 
count of the absence of his adversary, he might 
avoid that by entering a protestation in due form. 

The case of error, mistake, comprehends such 
error as cannot be imputed as blame ; and in such 
case, a man could always have restitutio when 
another was enriched by his loss. The erroris 
causae probatio somewhat resembles this case.* 

The case of capitis diminutio through adrogatio 
or in manum conventio, which was legally followed 
by the extinction of all the obligations of the per- 
son adrogated or in manu. The praetor restored to 
the creditors of such persons their former rights. 5 

The case of alienatio judicii mutandi causa facta 
is hardly a case of restitutio, though sometimes con- 
sidered such. It occurs when a man alienates a 
thing for the purpose of injuring a claimant by suV 
stituting for himself another against whom the 
claimant cannot so easily prosecute his right. In 
the case of a thing which the possessor had thus 
alienated, the praetor gave an actio in factum against 
the alienor to the full value of the thing. If a man 
assigned a claim or right with the view of injuring 
his adversary by giving him a harder claimant to 
deal with, the adversary could meet the ■ assignee, 
when he sued, with an exceptio judicii mutandi 
causa. 



1. (Compare Dig. 4, tit. 3.)— 2. (iv., 57 >-3. (Dig. 4, tit 6, • 
28.)— 4. (Gaius, i., 67-75.)— 5. (Gaius, iii , 83 ; iv., 38.) 

H35 



RETIS. 



RETIS. 



The case of alienatio in fraudem creditorum fac- 
ta. 1 When a man was insolvent (non solvendo), 
and alienated his property for fche purpose of injuring 
his creditors, the praetor's edict gave the creditors a 
remedy. If, for instance, a debt was paid post bona 
possessa, it was absolutely void, for the effect of the 
bonorum possessio in the case of insolvency was to 
put all the creditors on the same footing. If any 
alienation was made before the bonorum possessio, 
it was valid in some cases. A debtor might reject 
anything which was for his advantage, for the prae- 
tor's edict related only to the diminution of his prop- 
erty, and not to its increase. If the act was such 
as to diminish his property (fraudationis causa), the 
creditors, as a general rule, were entitled to have 
the act undone. A creditor who exacted his just 
debt was entitled to retain it. The actio by which 
the creditors destroyed the effect of an illegal alien- 
ation was called pauliana, which was brought by 
the curator bonorum in the name of the creditors, 
for the restoration of the thing which had been im- 
properly aliened, and all its fruits. The creditors 
were also entitled to an interdictum fraudatorium in 
order to get possession of the thing that had been 
improperly aliened. 3 

In the imperial times, restitutio was also applied 
to the remission of a punishment, 3 which could only 
be done by the imperial grace.* 

RESTITUTO'RIA ACTIO. (Vid. Lntercessio, 
p. 542.) 

RETIA'RII. ( Vid. Gladiatokes, p. 476.) 

RETICULUM. ( Vid. Calantica.) 

RETIS and RETE, dim. RETICULUM (Sck- 
tvov), a Net. Nets were made most commonly of 
flax from Egypt, Colchis, the vicinity of the Cinyps 
in North Africa, and some other places. Occasion- 
ally they were of hemp. 5 They are sometimes call- 
ed Una (leva) on account of the material of which 
they consisted. 6 The meshes (macula, 7 flpoxot, 
dim. flpoxides 8 ) were great or small, according to the 
purposes intended, and these purposes were very 
various. But by far the most important application 
of network was to the three kindred arts of fowling, 
hunting, and fishing : and besides the general terms 
used alike in reference to all these employments, 
there are special terms to be explained under each 
of these heads. 

I. In fowling, the use of nets was comparatively 
limited ; 9 nevertheless, thrushes were caught in 
them ; x * and doves or pigeons, with their limbs tied 
up or fastened to the ground, or with their eyes cov- 
ered or put out, were confined in a net, in order that 
their cries might allure others into the snare. 11 The 
ancient Egyptians, as we learn from the paintings in 
their tombs, caught birds in clap-nets. 18 

II. In hunting, it was usual to extend nets in a 
curved line of considerable length, so as in part to 
surround a space into which the beasts of chase, 
such as the hare, the boar, the deer, the lion, and the 
bear, were driven through the opening left on one 
side. 18 This range of nets was flanked by cords, to 
which feathers dyed scarlet and of other bright col- 
ours were tied, so as to flare and flutter in the wind. 
The hunters then sallied forth with their dogs, dis- 
lodged the animals from their coverts, and by shouts 
and barking drove them first within the formido, as 

1. (Dig. 42, tit. 8.)— 2. (Dig. 36, tit. 1, s. 67.)— 3. (Tac, Ann., 
iiv , 12.— Plin., Epist., x., 64, 65. — Dig. 48, tit. 19, s. 27.) — 4. 
(Dig. 4, tit. 1-7 ; 44, tit. 4.— Paulus, S. R., i., tit. 7-9.— Cod., ii., 
tit. 20-55.— Cod. Theod., ii., tit. 15, 16.— Muhlenbruch, Doct. 
Pandect. — Mackeldey, Lehrbuoh, &c. — Rein, Das Rom. Priva- 
trecht.) — 5. (Varro, De Re Rust., iii., 5.)— 6. (Horn., II., v., 487. 
— Brunck, Anal., ii., 494, 495.)— 7. (Ovid, Epist., v., 19.— Var- 
ro, De Re Rust., iii., 11. — Wemesiani, Cyneg., 302.) — 8. (Helio- 
dor., vi., p. 231, ed. Commelin.) — 9. (Aristoph., Av., 528.) — 10. 
(Hor., Epod.,ii., 33,34.)— 11. (Aristoph., Av., 1083.)— 12. (Wil- 
kirson, Man. and Cust., vol. iii., p. 35-38, 45.)— 13. (iElian, H. 
A iii., 46.— Tibullus, iv., 3, 12 -• Pirn., II N., xix., 2, t) 2.) 
83* 



the apparatus of string and feathers was called, and 
then, as they were scared with this appearance 
within the circuit of the nets. Splendid descrip- 
tions of this scene are given in some of the follow- 
ing passages, all of which allude to the spacious en- 
closure of network. 1 The accompanying woodcuts 
are taken from two bas-reliefs in the collection of 
ancient marbles at Ince-Blundell in Lancashire. In 
the uppermost figure, three servants with staves 
carry on their shoulders a large npt, which is intend 




ed to be set up as already described. 2 The fore- 
most servant holds by a leash a dog, which is eagei 
to pursue the game. In the middle figure the net is 
set up. At each end of it stands a watchman hold 




ing a staff. 3 Being intended to take such large 
quadrupeds as boars and deer (which are seen with- 
in it), the meshes are very wide (retia rara*). The 
net is supported by three stakes (ardliKec, 5 anco- 
nes, 6 vari 7 ). To dispose the nets in this manner 
was called retia ponere* or retia tendered Compa- 
ring it with the stature of the attendants, we perceive 
the net to be between five and six feet high. The 
upper border of the net consists of a strong rope, 
which was called aapduv. 10 The figures in the fol- 
lowing woodcut represent two men carrying the nei 




home after the chase ; the stakes for supporting r< t 
two of which they hold in their hands, are forkeu & t 
the top, as is expressed by the terms for them lI- 
ready quoted, ancones and vari. 

Besides the nets used to enclose woods and cov- 
erts, or other large tracts of country, two additional 
kinds are mentioned by those authors who treat on 
hunting. All the three are mentioned together by 
Xenophon (dinTva, kvodia, up/evrj", ii., 4), and by Ne- 
mesianus. 11 

The two additional kinds were placed at intervals 
in the same circuit with the large hunting-net or 
haye. The road-net (plaga, evSSiov) was much less 
than the others, and was placed across -oads and 
narrow openings between bushes. The purse or 
tunnel net (cassis, apuvc) was made with a bag (/ce- 
icpvfyaloe* a ), intended to receive the animal when 
chased towards the extremity of the enclosure. 
Within this bag, if we may so call it, were placed 
branches of trees, to keep it expanded, and to decoy 

1. (Virg., Georg., iii., 411-413.— .ZEn., iv., 121, 151-159; x.,' 
707-715.— Ovid, Epist., iv., 41, 42 ; v., 19, 20.— Oppian, Cyneg., 
iv., 120-123.— Eurip., Bacchee, 821-832.)— 2. (Tibullus, i., 4,49, 
50.— Sen., Hippol., i., 1., 44.— Propert., iv., 2, 32.)— 3. (Oppian, 
Cyneg., iv., 124.) — 4. (Virg., ^n., iv., 131. — Hor., Epod., ii., 
33.) — 5. (Oppian, Cyneg., iv., 67, &c. — Pollux, v., 31.) — 6 
(Gratius, Cyneg., 87.)— 7. (Lucan, iv., 439.)— 8. (Virg., Georg 
i., 307.)— 9. (Ovid, Art. Amat., i., 45.)— 10. (Xen., De Venat 
vi., 9.}— 11 (Cyneg., 299, 300.)— 12. (Xen., De Venat., vi., 7 ) 



REX SACRIFICULUS 



RJlA. 



the animals by making it invisible. The words 
ap/cvc or cassis are used metaphysically to denote 
some certain method of destruction, and are more 
particularly applied, as well as d^itTinarpov, which 
will be explained immediately, to the large shawl in 
which Clytemnestra enveloped her husband in order 
to murder him. 1 

III. Fishing-nets (dlievTind dUrva 2 ) were of six 
different kinds, which are enumerated by Oppian 3 
as follows : 

Tuv tc f£v dfi<pc61narpa, to. de ypl<poi Kaktovrai, 

Tuyyafia r', rd' vizoxai nepinye'ec, fide aayfjvai, 

"ATJka 6e KiKlijOKovai tca/HJ/ufiaTa. 

Of these, by far the most common were the audl- 
fanGrpov, or casting-net (funda, jaculum, retiacu- 
lum), and the aaynvn, i. e., the drag-net or sean (tra- 
gum,* tragula, verriadum). Consequently, these 
two are the only kinds mentioned by Virgil 5 and by 
Ovid. 6 Of the KdXvfi/ia we find nowhere any far- 
ther mention. We are also ignorant of the exact 
form and use of the ypitiog, although its comparative 
utility may be inferred from the mention of it in con- 
junction with the sean and casting-net by Artemi- 
dorus 7 and Plutarch (mpl evdvfj..*). The ydyyafiov 
was a small net for catching oysters. 9 The v-noxh 
was a landing-net, made with a hoop (kvk.1oc_) fast- 
ened to a pole, and perhaps provided also with the 
means of closing the circular aperture at the top. 10 
The metaphorical use of the term d/utpiGhrjOTpov has 
been already mentioned. That it denoted a casting- 
net may be concluded both from its etymology and 
from the circumstances in which it is mentioned by 
various authors. 11 More especially the casting-net, 
being always pear-shaped or conical, was suited to 
the use» mentioned under the article Conopeum. Its 
Latin names are found in the passages of Virgil's 
Georgics, and of the Vulgate Bible above referred 
la, in Plautus, 12 and in Isidorus Hisp. 13 

The English term scan (which is also, in the south 
of England, pronounced and spelt seine, as in French) 
has been brought into our language by a corruption 
of the Greek o-ayfivn, through the Vulgate Bible 
(sugena) and the Anglo-Saxon. 14 This net, which, 
as now used both by the Arabians and by our own 
fishermen in Cornwall, is sometimes half a mile 
long, was probably of equal dimensions among the 
ancients, for they speak of it as nearly taking in the 
compass of a whole bay. 15 This circumstance well 
illustrates the application of the term to describe 
the besieging of a city : to encircle a city by an un- 
interrupted line of soldiers was called aaynveveiv. 16 
The use of corks (<pe?i?ioi, cortices suberini 17 ) to sup- 
port the top, and of leads (fiolMLSec.) to keep down 
the bottom, is frequently mentioned by ancient wri- 
ters, 16 and is clearly exhibited in some of the paint- 
ings in Egyptian tombs. Leads, and pieces of wood 
serving as floats instead of corks, still remain on a 
sean which is preserved in the fine collection of 
Egyptian antiquities at Berlin. 

REUS. (Vid. Actor; Obligationes, p. 675.) 
REX SACRIFLCULUS, REX SACRFFICUS, 



1. (^sch., Agam., 1085, 1346, 1353.— Choeph., 485.— Eumen., 
112. v — 2. (Diod. Sic, xvii., 43, p. 193, ed. Wess.)— 3 (Hal., iii., 
S0-82)— 4. (Isid. Hisp., Orig., xix., 5.)— 5. (Georg., i, 141, 
142 i -6. (Art. Amat.,i., 7G3, 764.) — 7. (ii., 14.)-8. (V., v., p. 
638, ed. Steph.)— 9. (Hesych., s. v. jEschyl., Agam., 352 -Ar- 
rian, Ind., L, p. 525, ed. Blancardi.) — 10. (Oppian, Hal , iv., 
251.) — !L (Hesiod Scut. Here, 213-215. — Herod., i., 141. — 
F'§alm cxli., 10. — Isaiah, xix., 8. — Hab., i., 15-17, Septuagint 
and Vulsrate versions. — St. Matthew, iv., 18. — St. Mark, i., 16.) 
—12. rAsinar., I., i., 87.— True, I., i., 14.)— 13. (Orig , xix.. 5.) 
—14 Ezek., xxvi., 5, 14 ; xlvii., 10.— St. Matthew, xin , 47, 48. 
—St. John, xxi., 6-11.)— 15. (Horn., Od., xxii., 384-387 • Alci- 
pbron, i., 17, 18.) — 16. (Herod., iii., 145; vi., 31. — Plato, De 
Legg., iii., prope fin. — Heliod., vii., p. 304, ed. Commelini.) — 17. 
(Sidon. Apoll., Epist., ii., 2. — Plin., H. N., xvi., 8, 13.) — 18. 
(Ovid. Trist., Ill, iv , 11, 12. — ^Elian, H. A., xn., 43. — Paus., 
•iii., 12, <t I.) 



or REX SACRO'RUM. When the civil and mili- 
tary powers of the king were transferred to two 
praetors or consuls, upon the establishment of the 
republican government at Rome, these magistrates 
were not invested with that part of the royal dignity 
by virtue of which he had been the high-priest of 
his nation, and had conducted several of the sacra 
publica, but this priestly part of his office was trans 
ferred to a priest called rex sacrificulus or rex 
sacrorum. 1 The first rex sacrorum was designated, 
at the command of the consuls, by the college of 
pontiffs, and inaugurated by the augurs. He was 
always elected and inaugurated in the comitiacalal;i, 
under the presidency of the pontiffs ; a and, as long 
as a rex sacrificulus was appointed at Rome, he 
was always a patrician, for as he had no influence 
upon the management of political affairs, the pie • 
beians never coveted this dignity. 3 But, for the same 
reason, the patricians, too, appear at last to have at- 
tributed little importance to the office, whence it 
sometimes occurs that for one, or even for two sue 
cessive years, no rex sacrorum was appointed, and 
during the civil wars in the last period of the Repub- 
lic, the office appears to have fallen altogether into 
disuse. Augustus, however, seems to have revived 
it, for we find frequent mention of it during the Em- 
pire, until it was probably abolished in the time of 
Theodosius.* 

Considering that this priest was the religious 
representative of the kings, he ranked, indeed, higher 
than all other priests, and even higher than the 
pontifex maximus, 5 but in power and influence hr 
was far inferior to him (Id sacerdotium pontific- 
subjecere 6 ). He held his office for life, 7 was not 
allowed to hold any civil or military dignity, and 
was, at the same time, exempted from all mili 
tary and civil duties. 8 His principal functions 
were : 1. To perform those sacra publica which had 
before been performed by the kings ; and his wife, 
who bore the title of regina sacrorum, had, like the 
queens of former days, also to perform certain 
priestly functions. These sacra publica he or his 
wife had to perform on all the calends, ides, and 
the nundines ; he to Jupiter, and she to Juno, in 
the regia. 9 2. On the days called regifugium he 
had to offer a sacrifice in the comitium. ( Vid. 
Regifugium.) 3. When extraordinary portenta 
seemed to announce some general calamity, it was 
his duty to try to propitiate the anger of the gods. 19 
4. On the nundines when the people assembled in 
the city, the rex sacrorum announced (edicebat) to 
them the succession of the festivals for the month. 
This part of his functions, however, must have 
ceased, after the time of Cn. Flavius. 11 He lived 
in a domus publica on the Via Sacra, near the regia 
and the house of the vestal virgins. 12 

*RHA ('Pa). "It is now generally admitted,'' 
says Adams, "that the /6a of Dioscorides is the 
species of Rhubarb called Rheum raponticum. Mat- 
thiolus and Dodonaeus thought that the pfjov of 
Paulus JEgineta was the common purgative Rhu- 
barb ; and Dr. Friend supposed that Paulus and 
Alexander were acquainted with the true Rheum 
palmatum. I am satisfied, however, that the plant 
treated of by Paulus and Alexander is the same as 
the p"d of Dioscorides. Sprengel remarks that 
Isidorus is the first author who applied the name 
Rheum barbarum to the true Rhubarb. The name 
Rha is derived from the old appellation of the Wol- 



1. (Li?., ii., 2.— Dionys., iv., 74 ; v., 1.)— 2. (Gell., xv., 27.) 
—3. (Liv,, v., 41. — Cic, Pro Dom., 14.) — 4. (Orelli, Inscr., a. 
2280, 2282, 2283.)— 5. (Festus, s. v. Ordo Sacerdotum.) -- 6. 
(Liv., ii., 2.) — 7. (Dionys., iv., 74.) — 8. (Dionys., 1. c— Plut., 
Quaest. Rom., 60. — Liv., xl., 42.— 9. (Varro, De Ling-. Lat.. v., 
p. 54, Bip. — Macrob., Sat., i., 15.) — 10. (Feet., s. ▼. Reg-ia 
Feriaj.)— 11. (Varro, De Ling. Lat., v., p. 54.— Serv. ad JEn., viii , 
654.) _ 12. (Ambrosch, Studio nnd Andeut., p. 41-76 ) 

837 



RHETORIKE GRAPHE. 



RHUTON. 



ga, in the neighbourhood of which the plant was 
anciently found." 1 

*RHAMNUS {pdfxvoc), a thorn-tree. "Of the 
three species briefly described by Dioscorides, the 
first is unquestionably the Lycium Europceum ; the 
second (kevKorEpa), the Lycium Afrum, as Sprengel 
thinks ; and the third, the Rhamnus poliurus. The 
last two species are those described by Theophras- 
tus. The first is the species described by Galen 
and Paulus." 2 

*RHAPH'ANIS (pa<j>avic), the Radish. " The first 
species of Theophrastus, to which the name is more 
especially applicable, is referred to the Raphanus 
sativus, or Garden Radish, by Stackhouse, Dier- 
bach, and Sprengel. The other species of the same 
writer is probably thfc i^ochlearia Armor acta, or 
Horseradish. The patiavic dypla of Dioscorides 
is held by Sprengel to be the Raphanus maritimus, 
Smith." 3 

*RHAPHANOS (p"d<pavoc), the Brassica oleracea, 
or Sea Cabbage. (Vid. Crambe.) The species to 
which Theophrastus applies the epithet of ovlofyvh- 
log, Stackhouse calls " Curled Savoy," and the 
Xei6(j)v?iXoc, the " Smooth Cabbage." According to 
Bauhin, the " Pompeiana" of Pliny is the Brassica 
cauhjiora, or Cauliflower. 4 

RHEDA or REDA was a travelling carriage 
with four wheels. Like the Covinus and the Esse- 
dum, it was of Gallic origin, 5 and may perhaps con- 
tain the same root as the German reiten and our 
ride. It was the common carriage used by the 
Romans for travelling, and was frequently made 
large enough not only to contain many persons, but 
also baggage and utensils of various kinds. 6 The 
word Epirhedium, which was formed by the Romans 
from the Greek preposition eiri and the Gallic rheda, 1 
is explained by the scholiast on Juvenal 8 as " Or- 
namentum rhedarum aut plaustrum." 

RHETOR (prjrup). (Vid. PHTOP1KH TPA4>H.) 

PHTOPIKH TPA<i>H (faTopLicr} ypatf). The best, 
interpretation of this expression is perhaps that giv- 
en by Harpocration and Suidas, 9 r/ Kara fi/jTopoc ye- 
vofievr/, ypuipavroc ri r\ e'ittovtoc 7} Trpdt-avroc Trapdvo- 
uov There was not any particular class of persons 
called pTjropec invested with a legal character, or in- 
trusted with political duties at Athens; for every 
citizen who did not labour under some special dis- 
ability was entitled to address the people in assem- 
bly, make motions, propose laws, &c. The name 
of pfjTopec, however, was given, in common parlance, 
to those orators and statesmen who more especially* 
devoted themselves to the business of public speak- 
ing, while those who kept aloof from, or took no 
part in, the business of popular assemblies, were 
called iditircu. Hence prjrup is explained by Suidas, 10 
'O drj/Kf) avfidovXevcjv nai 6 h dij/io) dyopeviov. The 
prjroptKT} ypao-q might be either the same as the 
irapavouov ypaqrj, or a more special prosecution, at- 
tended with heavier penalties, against practised 
demagogues, who exerted their talents and influ- 
ence to deceive the people and recommend bad 
measures. Others have conjectured this to be a 
proceeding similar to the kitayyeVia doKifiavLac, di- 
rected against those persons who ventured to speak 
in public after having been guilty of some misde- 
meanour, which would render them liable to dripia. 
Of this nature was the charge brought against 
Timarchus by iEschines, whose object was to pre- 

1. (Dioscor., iii., 3.— Galen, De Simpl., viii.— Paul. JEgin.., vii., 
3.— Adams, Append., s. v.)— 2. (Dioscor., i., 119. — Galen, De 
Simpl., viii.— Theophr., iii., 18.— Paul. ^Egin., vii., 3.— Adams, 
Append., s. v.)— 3. (Dioscor., ii., 137, 138.— Theophr., H. P., i., 
2 ; vii., 4.— Galen, De Simpl., viii.— Adams, Append., s. v.)— 4. 
(Theophr., II. P., i., 3. —Adams, Append., s. v.) — 5. (Quint., 
Inst. Orat., i., 5, (• 68.— C<bs., Bell. Gall., i., 51.)— 6. (Cic, Pro 
Mil., 10, 20.— Juv., iii. , 10.— Mart., iii., 47.)— 7. (Quint., 1. c.)— 
8. (viii., 66.)— 9. (s. r — ie. (s v ) 
K3S 



vent the latter from appearing as prosecutor against 
him on the subject of the embassy to Philip. 3 

RHETR A {prirpa). {Vid. Nomos.) 

*RHI1SE (pivn), the Squulus squatina, called in 
English the Monk or Angel Fish. Rondelet states 
that the monkrish will sometimes weigh 160 lbs. 
Pennant remarks that this fish connects the genera 
of the Rays and Sharks. 2 

*RHINOCEROS {fiivoKepuc), the Rhinoceros. 
Two species, or, as some make them to be, two va- 
rieties of the rhinoceros, are described by modern 
naturalists, namely, the R. Asiaticus (a native of 
India and Java), having but one horn, and the R. 
Africus (a native of Africa, and also of Sumatra), 
with two horns. The former of these is the Uni- 
corn of Scripture. 3 

*RHODON (podov), the Rose. "It would be 
useless," remarks Adams, "to attempt to particu- 
larize all the species to which this term was applied, 
more especially as some of them are treated under 
other heads. I may mention, however, that Spren- 
gel refers the poda of Dioscorides to the Rosa 
lutea, Dalech., and R. arvensis. Stackhouse marks 
the p~bdov £LKOGi<j>vXkov as the Rosa cinnamomea y 
and the podov enaTovrdQvATiov as the Rosa centifo 
fca."* 

*RHCEA or RHOA 0oiu, pod), the Tunica 
granatum, or Pomegranate-tree. The flowers of 
the cultivated pomegranate are called, kvtivoi, 
those of the wild fiaAavoTia. The bark or rind of 
the fruit was called gl6lov by the Greeks, and mali- 
corium by the Romans. 5 

*RHOMBUS {pofxSoc), a species offish, the Brill 
or Pearl, Plcuroneci.es Rhombus, L. " But," as Ad- 
ams remarks, " since the common turbot, or Pleu- 
ronectes mazimus, is found in the Mediterranean, it 
is not improbable that the Greeks and Romans may 
have applied this name to it also." 6 

*RHUS (povc), the Rhus coriaria, or elm-leaved 
Sumach. In Cyprus, according to Sibthorp, the 
Rhus coriaria retains its ancient name of dove . The 
powdered fruit is sprinkled upon the meat as season 
ing. 7 

*RHYTA {p-vrn), the Ruta graveole?is, or common 
Rue. 8 

RHYTON (pvrov). a drinking-horn (xipac), by 
which name it was originally called, is said by 
Athenseus 9 to have been first made under Ptolemy 
Philadelphus ; but it is even mentioned in Demos- 
thenes, 10 as Athenaeus himself also remarks. The 
oldest and original form of this drinking-horn was 
probably the horn of the ox, but one end of it was 
afterward ornamented with the heads of various 
animals and birds. We frequently find representa- 
tions of the pvrov on ancient vases depicting sym- 
posia. (See woodcut, p. 326.) Several specimens 
of these drinking-horns have also been discovered 
at Pompeii i 11 two of these are given in the following 
cut. 

The favrov had a small opening at the bottom, 
which the person who drank put into his mouth, 
and allowed the wine to run in ; hence it derived 
its name (uvofiacOai re utto rijc pveeue 1 *). We see 
persons using the pvrov in this way in ancient 



1 (Schomann, De Comit., 108.— Meier, Att. Proc, 209.)— 2 
(Aristot., H. A., ii., 15, &c— De Part. Anim., iv., 12 — Athen., 
vii.— Oppian, Hal., i.— Plin., H. N.,xxxii., 1 1 .—Adams, Append., 
s , v .)_3. (Agathar. ap. Phot.— Strabo, xvi.— Oppian, Cyn., ii., 
551. — JElian, N. A., xvii., 44. — Adams, Append., s. v.)— 4. 
(Theophr., H. P, i., 15, &c — Dioscor., i., 130. — Galen, De 
Simpl., viii.— Adams, Append., s. v.)— 5. (Horn., Od., xi., 588.— 
—Theophr., H. P., ii., 2.— Dioscor., iv., 151.— Adams, Append.. 
St v< ) _ 6. (Xenoc. et Galen, De al. — ^Elian, N. A., xiv., 2. - • 
Adams, Append., s. v.)— 7. (Theophr., iii., 18.— Dioscor., i., 47 
—Galen, De Simp.- viii.— Adams, Append., s. v.)— 8. (Nicand. 
Alex., 306.— Adams. Append., s. v.)— 9. (xi., p. 497, b.)— 10. (e 
Mid., p. 565, 29.)— 11. (Museo Borbonico, vol. viii, 14, t. SO.)- 
12. (Athen., xi., p. 497, e.) 



RINGS 



RUNJS. 




paintings. Martial 2 speaks of it under the name 
of Rhytium. 2 

♦RHYTROS (pvTpog), a plant, which many ol the 
commentators on Theophrastus, &c., and Spren- 
gel and Stackhouse among the rest, conclude to 
have been the Echinops, L. " But," as Schneider 
remarks, " it is better, with Bauhin, to admit our 
ignorance of it, than indulge in unfounded conjec- 
tures."* 

RICA. (Vid. Flamex, p. 446.) 

RICI'NIUM, RECI'NIUM, or RECINUS, an arti- 
cle of dress. The name was, according to Festus, 5 
applied to any dress consisting of a square piece of 
cloth. It occurs in a fragment of the Twelve 
Tables, 6 and the ancient commentators, according 
to Festus, explained the word there as a toga for 
women (if the reading ver. togam be right instead 
of virilem togam), with a purple stripe in front. 
That it was an article of female dress, and more 
especially a small and short kind of pallium, is 
stated by Nonius, 7 on the authority of Varro. It 
was worn in grief and mourning, and in such a man- 
ner that one half of it was thrown back, 8 whence 
the ancient grammarians derive the word from rcji- 
cerc, although it is manifestly a derivative from 
riur, which was a covering of the head used by fe- 
males. 9 The grammarians appear themselves to 
have had no clear idea of the ricinium ; but, after 
careful examination of the passages above referred 
to, it appears to have been a kind of mantle, with 
a sort of cowl attached to it, in order to cover the 
head. It was also worn by mimes upon the stage ; 10 
and the mavortium, mavorte, or mavors of later 
times, was thought to be only another name for 
what had formerly been called ricinium. 

RINGS (6aKTv?iia, annuli). Every freeman in 
Greece appears to have used a ring ; and, at least 
in the earlier times, not as an ornament, but as an 
article for use, as the ring always served as a seal. 
How ancient the custom of wearing rings among 
the Greeks was cannot be ascertained, though it is 
certain, as even Pliny 11 observes, that in the Ho- 
meric poems there are no traces of it. In works of 
fiction, however, and those legends in which the 
customs of later ages are mixed up with those of 
the earliest times, we find the most ancient heroes 
described as wearing rings. 12 But it is highly prob- 
able that the custom of wearing rings was intro- 
duced into Greece from Asia, where it appears to 
have been almost universal. 13 In the time of Solon, 
seal-rings (adpayldEg), as well as the practice of 
counterfeiting them, appears to have been rather 
common, for Diogenes Laertius 1 * speaks of a law 
of Solon which forbade the artists to keep the form 
)f a seal (<j<f>payic) which he had sold. (Instances 
of counterfeited seals are given in Becker's Chari- 
kles. lb ) Whether, however, it was customary, as 



1 (Pitt, d' Ercolano, v., t. 46. — Zahn, Ornam. und Wandgem., 
v 90.) — 2. (ii., 35.)— 3. (Becker, Charikles, i., p. 505.)— 4. 
.Theophr., H. P., vi., 4. — Adams, Append., s. v.) — 5. (s. v.) — 6. 
(Cic, De Legg., ii., 23.)— 7. (xiv., 33.)— 8. (Varro, De Ling. Lat., 
iv., p. 37, Bip.— Serv. ad JEn., i., 286. — Isidor., Orig., xix., 25.) 
— 9. (Varro, 1. c. — Fest., s. v. Rica.) — 10. (Fest.. 1. c , snd s. v. 
Orchestra.)— 11. (II. N., xxxiii., 4.)— 12. (Paus., i., 17. $3 ; x., 
30, 1) 2.— Eurip., Iph. Aul., 154.— Id., Hippol., 859.)— 13. (Herod., 
i., 195.- Plat., DeRepubl, ii., p. 359.)— 14. (i.,57.)— 15. (ii., p. 



early as he time of Solon, to v.eai lings witk 
precious s.ones on which the figures were engraved, 
may justly be doubted ; and it is much more proba 
ble that at that time the figures were cut in thi 
metal of the ring itself, a custom which was nev 
er abandoned altogether. Rings without precious 
stones were called uiprjcfroi, the name of the gem 
being ffj^oc or c<j>payig. 1 In later times rings wero 
worn more as ornaments than as articles for use, 
and persons now were no longer satisfied with owe, 
bu f ~ore two, three, or even more rings ; and in- 
stances are recorded of those who regularly loaded 
their hands with rings. 2 Greek women likewise used 
to wear rings, but not so frequently as men ; the 
rings of women also appear to have been less costly 
than those of men, for some are mentioned which 
were made of amber, ivory, &c. 3 Rings were 
mostly worn on the fourth finger (irapufieaos*). 
The Lacedaemonians are said to have used iron 
rings at all times. 3 With the exception, perhaps, 
of Sparta, the law does not appear to have ever at- 
tempted, in any Greek state, to counteract the great 
partiality for this luxury ; and nowhere in Greece 
does the right of wearing a golden ring appear to 
have been confined to a particular order or class of 
citizens. 

The custom of wearing rings was believed to 
have been introduced at Rome by the Sabmes, who 
were described in the early legends as wearing 
golden rings with precious stones (gemmati annuls 
of great beauty. 6 Florus 7 states that it was in- 
troduced from Etruria in the reign of Taiiqtmiius 
Priscus, and Pliny 9 derives it from Greece. Th& 
fact that among the statues of the Roman kings ir. 
the Capitol, two> Numa and Servius Tulti««, were 
represented with rings, can scarcely be adduced as 
an argument for their early use, as later antists 
would naturally represent the kings with such en- 
signs as were customary for the highest magistrates 
in later times. But, at whatever time rings may 
have become customary at Rome, thus moch is 
certain, that at first they were always of iron ; tha< 
they were destined for the same purpose as in 
Greece, namely, to be used as seals ; and that every 
free Roman had a right to use such a ring. This 
iron ring was used down to the last period of tho 
Republic by such men a?- 'oved the simplicity of the 
good old times. Marius wore an iron ring in his 
triumph over Jugurtha, and several noble families 
adhered to the ancient custom, and never wore 
golden ones. 9 

When senators, in the early times of the Republic, 
were sent as ambassadors to a foreign state, they 
wore, during the time of their mission, golden rings, 
which they received from the state, and which were, 
perhaps, adorned with some symbolic representa- 
tion of the Republic, and might serve as a state- 
seal. But ambassadors used their rings only in 
public ; in private they used their iron ones. 10 In 
the course of time it became customary for all the 
senators, chief magistrates, and at last for the 
equites also, to wear a golden seal-ring. 11 This 
right of wearing a golden ring, which was subse- 
quently called the jus annuli aurei, or the jus annu- 
lorum, remained for several centuries at Rome the 
exclusive privilege of senators, magistrates, and 
equites, while all other persons continued to use 
iron ones. 12 Magistrates and governors ci provin- 
ces seem to have had the right of conferring upon 

1. {Artemid., Oncirocrit., ii., 5. x — 2. (Plat., Hipp. Min., p. 
36*.— Aristoph., Eccles., 632. — Nub., 332, with the scholia.— 
L^narch inDemosth., p. 29.— Diog. Lafcrt., v., 1.)— 3. (Artemid., 
I.e.) — 4. (Plut., Symp. Fragm., lib. iv. — Cell., x., 10.)— 5 
(Pirn., II. N.,xxxiii., 4.)— 6. (Li v., i., 11.— Dionys., ii., 38.)— 7. 
(i., 5.) — 8. (1. c.)— 9. (Pirn., II. N., txxiii., 6.) — 10. (Plin., 
xx.xiii., 4.)— 11. (Liv., ix., 7, 46; xxvi., 36.— Cic, c Verr., iv. 
25. -Li v., xxiii., 12. — Flor., ii., 6). — 12 (Appian, Ue Rcb. 
Pun., M.) 

8*W 



RINGS. 



RINGS. 



inferior officers, or such persons as had distinguish- 
ed themselves, the privilege of wearing a golden 
ring. Verres thus presented his secretary with a 
golden ring in the assembly at Syracuse. 1 During 
the Empire, the right of granting the annulus au- 
reus belocged to the emperors, and some of them 
were not very scrupulous in conferring this privi- 
lege. Augustus gave it to Mena, a freedman, and to 
Antoninus Musa, a physician. 2 In A.D. 22 the Em- 
peror Tiberius ordained that the golden ring should 
only be worn by those ingenui whose fathers and 
grandfathers had had a property of 400,000 sester- 
iia, and not by any freedman or slave. 3 But this 
restriction was of little avail, and the ambition for 
the annulus aureus became greater than it had ever 
been before.* The emperors Severus and Aurelian 
conferred the right of wearing golden rings upon 
all Roman soldiers ; 5 and Justinian at length al- 
lowed all the citizens of the Empire, whether in- 
genui or libertini, to wear such rings. 

The status of a person who had received the jus 
annuli appears to have differed at different times. 
During the Republic and the early part of the Em- 
pire, the jus annuli seems to have made a person 
ingenuus (if he was a libertus), and to have raised 
him to the rank of eques, provided he had the re- 
quisite equestrian census, 6 and it was probably 
never granted to any one who did not possess this 
census. Those who lost their property, or were 
found guilty of criminal offences, lost the jus annu- 
li. 7 Afterward, especially from the time of Ha- 
drian, the privilege was bestowed upon a great many 
freedmen, and such persons as did not possess the 
equestrian census, who therefore, for this reason 
alone, could not become equites; nay, the jus an- 
nuli, at this late period, did not even raise a freed- 
man to the station of ingenuus : he only became, 
as it were, a half ingenuus (quasi ingenuus), that 
is, he was entitled to hold a public office, and might 
at any future time be raised to the rank of eques. 9 
The lex Visellia 9 punished those freedmen who 
sued for a public office without having the jus an- 
nuli aurei. In many cases a libertus might, through 
the jus annuli, become an eques if he had the re- 
quisite census, and the princeps allowed it ; but the 
annulus itself no longer included this honour. This 
difference in the character of the annulus appears 
to be clear, also, from the fact that women received 
the jus annuli, 10 and that Alexander Severus, though 
he allowed all his soldiers to wear the golden ring, 
yet did not admit any freedmen among the equites. 11 
The condition of a libertus who had received the 
jus annuli was in the main as follows : Hadrian 
had laid down the general maxim that he should be 
regarded as an ingenuus salvo jure patroni. 13 The 
patronus had also to give his consent to his freedman 
accepting the jus annuli, and Commodus took the 
annulus away from those who had received it with- 
out this consent. 13 Hence a libertus with the an- 
nulus might be tortured if, e. g., his patron died an 
unnatural death, as, in case of such a libertus dying, 
his patron might succeed to his property. The 
freedman had thus, during his lifetime, only an im- 
ago libertatis ; he was a quasi ingenuus, but had not 
the status of an ingenuus, 1 * and he died quasi liber- 
tus. In the reign of Justinian these distinctions 
were done away with. Isidorus 16 is probably allu- 

1. (Cic, c. Verr., iii., 76, 80; ad Fam., x., 32.— Suet., Jul., 
39.)— 2. (Dion Cass., xlviii., 48; liii., 30.) — 3. (Plin., H. N., 
xxxiii., 8.) — 4. (Plin., Epist., vii., 26; viii., 6. —Suet., Galbu, 
12, 14.— Tacit., Hist., i., 13.— Suet., VitelL, 12.— Stat., Sylv., 
\ii., 3, 143, &c.)— 5 (Herodian., iii., 8.— Vopisc, Aurel., 7.)— 6 
(Sueton., Galba, x., 14.— Tacit., Hist., i., 13 ; ii., 57.)— 7. (Juv , 
Sat., xi., 42.— Mart , viii., 5 ; ii., 57.)— 8. (Jul. Capitol., Macnn., 
4.)— 9. (Cod., ix., tit 21.)— 10. (Dig. 40, tit. 10, s.4.)— 11. (Lam- 
prid., Al Sev., 9.) -12. (Dig. 40, tit. 10, s. 6.)— 13. (Dig. 40, 
tit 10, s. 3.)— 14. 'Cod., vi,, lit, r\s. 2.— Dig. 40, tit. 10, s. 5.)- 
1£ Vxix. 32.) 
840 



ding to the period preceding the reign of Justinian 
when he says that freemen wore golden, freedmen 
silver, and slaves iron rings. 

The practical purposes for which rings, or, rather, 
the figures engraved upon them, were used at al 
times, were the same as those for which we usi 
our seals. Besides this, however, persons, wiiei 
they left their houses, used to seal up such parts as 
contained stores or valuable things, in order to se- 
cure them from thieves, especially slaves. 1 The 
ring of a Roman emperor was a kind of state-seal, 
and the emperor sometimes allowed the use of 
it to such persons as he wished to be regarded as 
his representatives. 2 The keeping of the imperial 
seal-ring was intrusted to an especial officer (cura 
annuli 3 ). The signs engraved upon rings were very 
various, as we may judge from the specimens still 
extant : they were portraits of ancestors or friends, 
subjects connected with the mythology or the wor- 
ship of the gods ; and in many cases a person had 
engraved upon his seal symbolical allusions to the 
real or mythical history of his family.* Sulla thus 
wore a ring with a gem, on which Jugurtha was 
represented at the moment he was made prisoner. 5 
Pompey used a ring on which three trophies were 
represented, 6 and Augustus at first sealed with a 
sphinx, afterward with a portrait of Alexander the 
Great, and at last with his own portrait, which was 
subsequently done by several emperors. 7 The prin- 
cipal value of a ring consisted in the gem framed in 
it, or, rather, in the workmanship of the engraver. 
The stone most frequently used was the onyx (aap- 
dtivog, aapdovvt-), on account of its various colours, 
of which the artists made the most skilful use. In 
the art of engraving figures upon gems, the ancients, 
in point of beauty and execution, far surpass every- 
thing in this department that modern times can 
boast of. The ring itself (aQevdovn), in which the 
gem was framed, was likewise, in many cases, of 
beautiful workmanship. The part of the ring which 
contained the gem was called pala. (Vid. Pala.) 
In Greece we find that some persons fond of show 
used to wear hollow rings, the inside of which was 
filled up with a less valuable substance. 8 

With the increasing love of luxury and show, the 
Romans, as well as the Greeks, covered their fin- 
gers with rings. Some persons also wore rings of 
immoderate size, and others used different rings foi 
summer and winter. 9 

Much superstition appears to have been connect- 
ed with rings in ancient as well as in more mod- 
ern times ; but this seems to have been the case in 
the East and in Greece more than at Rome. Some 
persons made it a lucrative trade to sell rings which 
were believed to possess magic powers, and to pre- 
serve those who wore them from external dangers. 
Such persons are Eudamus in Aristophanes, 10 and 
Phertatus in Antiphanes. 11 These rings were for 
the most part worn by the lower classes, and then 
not of costly material, as may be inferred from the 
price (one drachma) in the two instances referred to. 
There are several celebrated rings with magic pow- 
ers mentioned by the ancient writers, as that of 
Gyges, which he found in a grave, 12 that of Chari- 
cleia, 13 and the iron ring of Eucrates. 1 * 



1. (Plat., De Legg., xii., p. 954.— Aristoph., Thesmoph., 414, 
&c— Plaut., Cas., ii., 1, 1.— Cic. ad Fam., xvi., 26.— De Or., ii., 
61. —Mart., ix., 88.)— 2. (Dion Cass., lxvi.,2.)— 3. (Just., Hist., 
xliii., 5.)— 4. (Cic. in Cat., iii., 5.— Val. Max., iii., 5, 1.— Cic, De 
Fin., v.. 1.— Suet., Tib., 58, 63.— Plin., H. N., ii., 7, &c.)— 5. 
(Phn., H. N., xxxvii., 4.— Plut., Mar., 10.)— 6. (Dion Cass., xliii., 
Igj — 7. (Plin., H. N., xxxvii-, 4.— Suet., Octav., 50.— Dion Cass., 
Ii., 3.— Spartian., Hadr., 26.)— 8. (Artemid., 1. c.)— 9. (Quintil., 
xi., 3.— Juv., i., 28.— Mart., xi.,59 ; xiv., 123.)— 10. (Plut., 883, 
with the schol.)— 11. (ap. Athen., ni., p. 123.)— 12. (Plat., De 
Republ., ii., p. 359, &c— Plin., H. N., xxxiii., 4.)— 13. (Heliod... 
JEth., iv., 8.)— 14. (Lucian, Philop., 17.— Compare Becker, Char 
ikies, ii., p. 398, &c— Kirchmann, De Ammlis, Slesvig., 1657. 
—P. Burrmann, De Jure Annulorum, Uitraject., 1734.) 



ROGATION ES XICINLE. 



ROSTRA. 



ROBIGA'LIA, a public festival in honour of the 
god Robigus, to preserve the fields from mildew, is 
said to have been instituted by Numa, and was cele- 
brated a. d. VII., Kal. Mai. (April 25th). 1 The sacri- 
fices offered on this occasion consisted of the entrails 
of a dog and a sheep, accompanied with frankin- 
cense and wine : a prayer was presented by a fla- 
men in the grove of the ancient deity, whom Ovid 
and Columella make a goddess. 2 A god Robigus 
jt a goddess Robigo is a mere invention from the 
name of this festival, for the Romans paid no divine 
honours to evil deities. 3 

*ilOBUR, an epithet applied to the Oak. ( Vid. 
Quercus.) 

ROGA'TIO. (Fid. Lex, p. 580.) 

ROGATIO'NES LICl'NLE. In the year B.C. 
375, C. Licinius Stolo and L. Sextius, being elected 
two of the tribuni plebis, promulgated various roga- 
tiones, the object of which was to weaken the pow- 
er of the patricians and for the benefit of the plebs. 
One rogatio related to the debts with which the 
plebs was encumbered ;* and it provided that all the 
money which had been paid as interest should be 
deducted from the principal sum, and the remainder 
should be paid in three years by equal payments. 
The second related to the ager publicus, and enact- 
sd that no person should occupy (possideret) more 
than 500 jugera. The third was to the effect that 
no more tribuni militum should be elected, but 
that consuls should be elected, and one of them 
should be a plebeian. The patricians prevented 
these rogationes from being carried by inducing the 
other tribunes to oppose their intercessio. C. Licin- 
ius Stolo and L. Sextius retaliated in the same 
way, and would not allow any comitia to be held 
except those for the election of aediles and tribuni 
plebis. They were also re-elected tribuni plebis, 
and they persevered for five years in preventing the 
election of any curule magistratus. 

In the year 368, the two tribunes were still elect- 
ed, for the eighth time, and they felt their power in- 
creasing with the diminution of the opposition of 
their colleagues, and by having the aid of one of 
the tribuni militum, M. Fabius, the father-in-law of 
C. Licinius Stolo. After violent agitation, a new 
rogatio was promulgated to the effect that, instead 
of duumviri sacris faciundis, decemviri should be 
elected, and that, half of them should be plebeians. 
In the year B.C. 366, when Licinius and Sextius 
had been elected tribuni for the tenth time, the law 
was passed as to the decemviri, and five plebeians 
and five patricians were elected, a measure which 
prepared the way for the plebeians participating in 
the honours of the consulship. The rogationes of 
Licinius were finally carried, and in the year B.C. 
365 L. Sextius was elected consul, being the first 
plebeian who attained that dignity. The patricians 
were compensated for their loss of the exclusive 
right to the consulship by the creation of the office 
of curule aedile and of praetor. 

The law as to the settlement between debtor and 
creditor was, if Livy's text is to be literally under- 
stood, an invasion of the established rights of prop- 
erty. Niebuhr's explanation of this law is contained 
in his third volume, p. 23, &c. 

Besides the limitation fixed by the second lex to 
the number of jugera which an individual might 
possess in the public land, it declared that no indi- 
vidual should have above 100 large and 500 smaller 
animals on the public pastures. Licinius was the 
first who fell under the penalties of his own law. 
The statement is that " he, together with his son, 

1. (Plin., H. N., xviii.. 29, s. 69.— Varro. De Re Rust., I., i., 
p. 90, ed. Bip.— Lat. Ling., vi., 16, ed. Muller.— Festus, s. v.)— 
t. (Ovid, Fast, iv., 907-942.— CmIiuii., x., 1H2 )— 3. (Hartung, 
Bie Religion der Rdmer, ii., p. 148 )— 4. (Liv., n , 34.) 
& O 



possessed a thousa/id jugera of the ager (publicus) 
and, by emancipating his son, had acted in fraud of 
the law." 1 From this story it appears that the pie 
beians could now possess the public land, a right 
which they may have acquired by the law of Licin- 
ius ; but there is no evidence on this matter. The 
story is told also by Columella, 2 Pliny, 3 and Vale- 
rius Maximus.* The last writer, not understand- 
ing what he was recording, says that, in order to 
conceal his violation of the law, Licinius emanci- 
pated part of the land to his son. The facts, as 
stated by Livy, are not put in the clearest light. 
The son, when emancipated, would be as much en- 
titled to possess 500 jugera as the father, and if he 
bona fide possessed that quantity of the ager publi- 
cus, there was no fraud on the law. From the ex- 
pression of Pliny {substituta jUii persona), the fraud 
appears to have consisted in the emancipation of 
his son being effected solely that he might in his 
own name possess 500 jugera, while his father had 
the actual enjoyment. But the details of this lex 
are too imperfectly known to enable us to give more 
than a probable solution of the matter. As the ob- 
ject of the lex was to diminish the possessiones of 
the patricians, it may be assumed that the surplus 
land thus arising was distributed (assignatus) among 
the plebeians, who otherwise would have gained no- 
thing by the change ; and such a distribution of 
land is stated to have been part of the lex of Li- 
cinius by Varro 5 and Columella. 6 

According to Livy, 7 the rogatio de decemviris 
sacrorum was carried first B.C. 366. The three 
other rogationes were included in one lex, which 
was a lex Satura. 8 

Besides the passages referred to, the reader may 
see Niebuhr, vol. iii., p. 1-36, for his view of the 
Licinian rogations ; and Gottling, Geschichte der 
Rom. Staatsverfassung, p. 354, and the note on the 
corrupt passage of Varro {De Re Rust., i., 2) 

ROGATO'RES. {Vid. Diribitores.) 

ROGUS. {Vid. Funus, p. 460.) 

ROMPHEA. {Vid. Hasta, p. 489.) 

RORA'RII, a class of light-armed Roman sol- 
diers. According to Niebuhr, 9 rorarii must origin- 
ally have been the name for slingers, who were 
taken from the fifth class of the Servian census. The 
grammarians, probably with justice, derive the word 
from ros and rorare, as their attacks upon the ene- 
my with their slings and stones were regarded as a 
prelude to the real battle, in the same manner that 
rores or solitary drops of rain precede a heavy 
shower. The literal translation of rorarii, there- 
fore, would be drippers or sprinklers. 10 In later 
times, and even as early as the time of Plautus, the 
name was applied to the light-armed hastati j 11 and 
as this latter name supplanted that of rorarii, who, 
according to the later constitution of the army, no 
longer existed in it in their original capacity, the 
rorarii are not mentioned in later times. (Compare 
Army, Roman, p. 104.) 

*ROSA, the Rose. (Vid. Rhodon.) 

♦ROSMARINUS. {Vid. Libanotis.) 

ROSTRA, or The Beaks, was the name applied 
to the stage (suggestus) in the Forum from which 
the orators addressed the people. This stage was 
originally called templum, 12 because it was consecra- 
ted by the augurs, but obtained its name of rostra at 
the conclusion of the great Latin war, when it was 
adorned with the beaks {rostra) of the ships of the 
Antiates. 13 The Greeks also mutilated galleys in 



1. (Liv.,vii., 16.)— 2. (i., 3.)— 3. (II. N., xviii., 3.)-4. (viii., 
<M3.)-- 5. (De Re Rust., i., 2.)-6. (i., 3.) — 7. (vi.. 42.) — 8. 
(Liv., vii., 29.— Dion. Cass., Frag., 33.)— 9. (Hist, of Rome, in.. 
p. 117.)— 10. (Varro, De Ling. Lat., vi., p. 92, ed. Bip.— Festua. 
s. v. Rorarios.) — 11. (Plaut. in Frivolaria ap. Varr., 1 c— Liv 
viii., 8, 9.)— 12. (Liv., ii., 56.)— 13. (Liv., viii., 14.— Flor., i., 11 
— Flin., II. N., xxxiv., 5. s. 11.) 

841 



RUDENS. 



RUTRUM. 



the same way for the purpose of trophies : this was 
called by them aitpoTripia&iv. (Vid. Acrotericm.) 

The rostra lay between the comitium or place of 
meeting for the curies, and the Forum or place of 
meeting for the tribes, so that the speaker might, 
turn either to the one or tne other ; but, down to 
the time of Caius Gracchus, even the tribunes, in 
speaking, used to front the comitium ; he first turn- 
ed his back to it, and spoke with his face towards 
the Forum. 1 The form of the rostra has been well 
described by Niebuhr 2 and Bunsen : 3 the latter sup- 
poses " that it was a circular building, raised on 
arches, with a stand or platform on the top bordered 
by a parapet, the access to it being by two flights 
of steps, one on each side. It fronted towards the 
comitium, and the rostra were affixed to the front 
of it, just under the arches. Its form has been, in 
all the main points, preserved in the ambones, or 
circular pulpits of the most ancient churches, 
which also had two flights of steps leading up to 
them, one on the east side, by which the preacher 
ascended, and another on the west side for his de- 
scent. Specimens of these old churches are still to 
be seen at Rome in the churches of St. Clement 
and S. Lorenzo fuori le mure." The speaker was 
thus enabled to walk to and fro while addressing 
his audience. 

The suggestus or rostra was transferred by Julius 
Caesar to a corner of the Forum, but the spot where 
the ancient rostra had stood still continued to be 
called Rof.tr a Vetera, while the other was called 
Rostra Nova or Rostra Julia.* Both the rostra con- 
tained statues of illustrious men ; 5 the new rostra 
contained equestrian statues cf Sulla, Pompey, J. 
Caesar, and Augustus. 6 Niebuhr 7 discovered the 
new rostra in the long wall that runs in an angle 
towards the three columns, which have for a very 
long time borne the name of Jupiter Stator, but 
which belong to the Curia Julia. The substance 
of the new rostra consists of bricks and casting- 
work, but it was, of course, cased with marble : the 
old rostra Niebuhr supposes were constructed en- 
tirely of peperino. 

The following cut contains representations of the 
rostra from Roman coins, but they give little idea 
of their form : the one on the left hand is from a 
denarius of the Lollia Gens, and is supposed to rep- 
resent the old rostra, and the one on the right is 
from a denarius of the Sulpicia Gens, and supposed 
to represent the new rostra. 8 




ROSTRA'TA COLUMNA. ( Vid. Columna, p. 
290.) 

ROSTRA'TA CORO'NA. ( Vid. Corona, p. 310.) 

ROSTRUM. (Km*. Ships.) 

ROTA. {Vid. Currus, p. 331.) 

*RUBE'TA. {Vid. Phrynus.) 

RU'BRIA LEX. ( Vid. Lex, p. 585.) 

♦RUBRI'CA. {Vid. Miltos.) 

RUDENS (/ca?.jf, dim. Kahudiov 9 ), any rope used 



1 (Niebuhr, Hist, of Rome, i., p. 426, note 990.) — 2. (hi., p. 
166, n. 268.)— 3. (Quoted by Arnold, Hist, of Rome, ii.. p. 164.) 
~4. (Ascon. in Cic, Mil., $ 12, p. 43, ed. Orelli.— Dion Cass., 
xliii., 49; lvi., 34.— Suet., Octav., 100.)— 5. (Cic, Philip., ii., 
61.)— 6. (Paterc, ii.,61.)— 7. (1. c.)— 8. (Spanheim, De Praest 
ct Usu Numism., ii., p. 191.)— 9. (Synes., Epist., 4, p 28, ed. 
*>ar., 1605.) 

342 



to move or fix the mast or sail of a vessel, 1 moie 
especially : I. The ropes used to elevate or depress 
the mast, and to keep it firm and steady when ele- 
vated, were called rudentes, in Greek npoTcpot..* 
These ropes extended from the higher part of the 
mast towards the prow in one direction, and tht 
stern in the other. ( Vid. woodcut, p. 62.) II. 
Those used to raise or lower the yard. ( Vid. An- 
tenna.) 3 According to the ancient scholia, these 
ropes are the ndloi mentioned in Od., v., 260. Ill 
Those fastened to the bottom of the sail at its two 
corners, and therefore called tt66e£ .* Before setting 
sail, these ropes, which our seamen call the sheets, 
would lie in a coil or bundle. In order, therefore, 
to depart, the first thing was to unrol or untie them 
{excutere 5 ), the next to adjust them according to the 
direction of the wind and the aim of the voyage.* 
With a view to fill the sail and make it expose the 
largest surface, they were let out, which was called 
immittere or laxare. 1 " Laxate rudentes" among the 
Romans 8 was equivalent to " Ease the sheets" with 
us. IV. Those used in towing {-xlovg tnrb naku), 
as when the oars became useless in consequence of 
the proximity of the shore 9 (irapoXKog). 

In a more extended sense, the terms rudens And 
AfdAwf were applied to ropes of any description. 10 
In the comedy of Plautus 11 it is applied to the rope 
with which a fisherman drags his net. 

RUDERA'TIO. ( Vid. House, Roman, p. 519 ^ 
RUDIA'RII. {Vid. Gladiatores, p. 476.) 
RUDIS. (Vid. Gladiatores, p. 476.) 
RUNCFNA {pvnavv), a Plane. 12 
The plane, which is delineated among joineia 
tools {Instrumen. Fabr. Tignar.) in the woodcut at 
p. 664, showing the stock with two holes for the 
hands, and the iron (fi'0?; 13 ) very long, but inclined aa 
in our planes, seems to be of that narrow kinc 
which is adapted to make grooves, rebates, or beads 
The square hole in the right side of the stock seeim 
intended for the passage of the shavings {ramenta) 
It is certain that the shavings of firwood, produce* 
by such a plane as that here exhibited, would pre 
cisely answer to Pliny's description of them, liken- 
ing them to curls of human hair and to the tendrils 
of the vine. 1 * The Latin and Greek names for this 
instrument gave origin to the corresponding tran- 
sitive verbs runcino and pvtcavda), meaning to plane. ls 
They seem to be allied etymo^gically with pvyxos, 
referring to the operation of those beasts and birds 
which use their snout or beak to plough up the 
ground. 

RUPTLLE LEGES. (Vid. Lex, p. 585.) 
RUTILIA'NA ACTIO was a praetorian actio in- 
troduced by the praetor Publius Rutilius, by virtue 
of which the bonorum emptor could sue in the name 
of the person whose goods he had bought, and claim 
the condemnatio to be made in his own favour and 
in his own name. 16 

RUTRUM, dim. RUTELLUM, a kind of hoe, 
which had the handle fixed perpendicularly into the 
middle of the blade, thus differing from the Raster. 
It was used before sowing to level the ground, by 
breaking down any clods which adhered too long 
together. 17 This operation is described by Virgil in 
the following terms, which also assign the derivation 
of the name : " Cumulosque ruit male pinguis are- 

1. (Juv., vi., 102.— Ovid, Met., iii., 616.— Achilles Tatius, ii., 
32.) — 2. (Horn., 11., i., 434. — Od., ii., 425 ; xii., 409. — Apoll. 
Rhod., i., 564. 1204.— JCschyl., Agam., 870.— Eurip., Hec, 109. 
— Brunck, Anal., i., 22 ; ii., 210.) — 3. (Catullus, Argon., 2?5.) 
—4. (Horn., Od., 1. c. ; x., 32.— Apoll. Rhod., ii., 725. 932.)— 5. 
(Virg., JEn., iii., 267, 683.) — 6. (Id. ib., v., 753.) —7. (Id. ib., 
viii., 708 ; x., 229.)— 8. (Ovid, De Ponto, IV.,ix.,73.)— 9. (Thu 
cyd., iv., 25— Schol. ad loc.)— 10. (Herod., ii., 28, 96.— Diod. 
Sic, xvii., 43.)— 11. (Rudens, iv., 3, 1, 76, 92.;— I^. (Tertull., 
Apol., 12— Brunck, Anal., i., 227.)— 13. (Hesych.)— 14. (IT N . 
xvi., 42, s. 92.)— 15. (Min. Felix, 23.)— 16. (Gaius, iii., fO, 81 
iv.. 35.)— 17 (Non. Marc., p 18, ed. Merceri.) 



SACERDOS. 



SAOERDUS 



me." 1 The same implement was used in mixing 
lime or clay with water and straw to make plaster 
for walls. 3 

The word rulabulum ought to be considered as 
another form of rutrum. It denoted a hoe or rake 
of the same construction, which was used by the 
baker in stirring the hot ashes of his oven. 3 A 
wooden rutabulum was employed to mix the con- 
tents of the vats in which wine was made.* 



S. 

*«ACCH'ARUM {o6.nxa.pov). Sugar. "The an- 
cient Sugar, called also ' the Honey of Reeds' and 
4 Indian Salt,' was a natural concretion, forming on 
certain reeds, but more especially on the bamboo 
cane (Bambusa arundinacca). It would appear that 
Moses Chorrenensis, in the fifth century, is the first 
author who distinctly mentions our sugar, that is 
to say, the sugar procured by boiling from the 
sugarcane. The first mention of the bamboo cane 
is made by Herodotus, and then by Ctesias." 5 

SACELLUM is a diminutive of sacer, and signi- 
fies a small place consecrated to a god, containing 
an altar, and sometimes, also, a statue of the god to 
whom it was dedicated. 6 Festus 7 completes the 
definition by stating that a sacellum never had a 
roof. It was, therefore, a sacred enclosure, sur- 
rounded by a fence or wall to separate it from the 
profane ground around it, and answers to the Greek 
7repi6o?A?. The form of a sacellum was sometimes 
square and sometimes round. The ancient sacel- 
lum of Janus, which was said to have been built by 
Romulus, was of a square form, contained a statue 
of the god, and had two gates. 8 Many Romans 
had private sacella on their own estates ; but the 
city of Rome contained a great number of public 
6acella, such as that of Caca, 9 of Hercules in the 
Forum Boarium, 10 of the Lares, 11 of Noenia, 13 of 
Pudicitia, 11 and others. 

SACERDOS, SACERDOTIUM. Cicero 1 * dis- 
tinguishes two kinds of sacerdotes ; those who had 
the superintendence of the forms of worship (cczri- 
■mnjiia) and of the sacra, and those who interpreted 
signs and what was uttered by seers and prophets. 
Another division is that into priesxs who were not 
devoted to the service of any particular deity, such 
as the pontiffs, augurs, fetiales, and those who were 
connected with the worship of a particular divinity, 
such as the flamines. The priests of the ancient 
world did not consist of men alone, for in Greece, 
as well as at Rome, certain deities were only at- 
tended by priestesses. At Rome the wives of par- 
ticular priests were regarded as priestesses, and 
had to perform certain sacred functions, as the re- 
gina sacrorum and the flaminica. (Vid. Flamen, 
Rex Sacrorum.) In other cases maidens were ap- 
pointed priestesses, as the vestal virgins, or boys, 
with regard to w T hom it was always requisite that 
their fathers and mothers should be alive (patrimi el 
matrimi). As all the different kinds of priests are 
treated of separately in this work, it is only neces- 
sary here to make some general remarks. 

In comparison with the civil magistrates, all 
priests at Rome were regarded as homines privati, 14 
though all of them, as priests, were sacerdotes pub- 

1. (Georg., i., 105. — Vid. Festus, s. v. — Varro, De Ling. Lat., 
v., p. 137, ed. Spengel.)— 2. (Cato, De Re Rust., 10, 128.— Pal- 
lad., De Re Rust., i., 15. — Plin., H. N., xxxvi., 23, s. 55.) — 3. 
(Festus, s. v.) — 4. (Colum., De Re Rust., xii., 20.) — 5. (Dios- 
cor., ii., 104 — Theophr., Fragm.— Strabo. xv — Plin., H. N., xii., 
IT.— Isid., Orig., xvii , 7. — Herod., iii., 98. — Adams, Append., s. 
v.,— 6. (GeEL, vi., 12.)— 7. (s. v.)— 8. (Ovid, Fast., i., 275.— 
Terent. Maur. in WernsdorPs Poet. Min., ii., p. 279.)— 9. 
(Sen-, ad JEa., viii., 190.)— 10. (Solin., i. — Plin., II. N., x., 29.) 
—11. (Solin., 2.)— 12. (Fest., s. v. Naeniae Deae.)— 13. (Liv., x., 
23.)— 14. (De Legg., ii.. 8.)— 15. (Cic, c. Cat., i., 1 ; De Off., 
* 22 ; ad At' iv.. 2.— Philipp., v.. 17.) 



lici, in as far as their office (saccrdoliu m) was con- 
nected with any worship recognised by the state. 
The appellation of sacerdos publicus was, however, 
given principally to the chief pontiff ar.d the flamen 
dialis, 1 who were, at the same time, the only priests 
who were members of the senate by virtue of their 
office. All priestly offices or sacerdotia were held 
for life, without responsibility to any civil magistrate. 
A priest was generally allowed to hold any other 
civil or military office besides his priestly dignity ; 3 
some priests, however, formed an exception, for the 
duumviri, the rex sacrorum, and the flamen dialis 
were not allowed to hold any state office, and were 
also exempt from service in the armies. 3 Their 
priestly character was, generally speaking, insepar- 
able from their person as long as they lived :* hence 
the augurs and fratres arvales retained their char- 
acter even when sent ii.to exile, or when they were 
taken prisoners. 5 It also occurs that one and the 
same person held two or three priestly offices at a 
time. Thus we find the three dignities of pontifex 
maximus, augur, and decemvir sacrorum united in 
one individual. 6 But two persons belonging to the 
same gens were not allowed to be members of the 
same college of priests. This regulation, however, 
was in later times often violated or evaded by 
adoptions. 7 Bodily defects rendered, at Rome as 
among all ancient nations, a person unfit for holding 
any priestly office. 8 

All priests were originally patricians, but from the 
year B.C. 367 the plebeians also began to take part 
in the sacerdotia (vid. Plebes, p. 784) ; and those 
priestly offices which, down to the latest times, re- 
mained in the hands of the patricians alone, such 
as that of the rex sacrorum, the flamines, salii, and 
others, had no influence upon the affairs of the state. 

As regards the appointment of priests, the an- 
cients unanimously state that at first they were ap- 
pointed by the kings ; 9 but after the sacerdotia were 
once instituted, each college of priests — for nearly 
all priests constituted certain corporations called 
collegia — had the right of filling up the occurring va- 
cancies by co-optatio. (Vid. Pontifex, page 790.) 
Other priests, on the contrary, such as the vestal 
virgins and the flamines, were appointed (capieban- 
tur) by the pontifex maximus, a rule w-hich appears 
to have been observed down to the latest times ; 
others, again, such as the duumviri sacrorum, were 
elected by the people 10 or by the curiae, as the curi- 
ones. But, in whatever manner they were appoint- 
ed, all priests, after their appointment, required to be 
inaugurated by the pontiffs and the augurs, or by 
the latter alone. 11 Those priests who formed col- 
leges had originally, as we have already observed, 
the right of co-optatio ; but in the course of time 
they were deprived of this right, or, at least, the co- 
optatio was reduced to a mere form, by several le- 
ges, called leges De Sacerdotiis, such as the lex Do- 
mitia, Cornelia, and Julia ; their nature is described 
in the article Pontifex, page 790, &c. ; and what is 
there said in regard to the appointment of pontiffs, 
applies equally to all the other colleges. The lege? 
annales, which fixed the age at which persons be- 
came eligible to the different magistracies, had no 
reference to priestly offices ; and, on the whole, it 
seems that the pubertas was regarded as the time 
after which a person might be appointed to a sacer- 
dotium. 1 * 



1. (Cic, De Legg., ii., 9.— Scrv. ad JEa., xii., 534.)— 2. (Liv., 
xxxviii., 47 ; xxxix., 45. — Epit., lib. xix ; xl., 45. — Epit.. 59, 
&c.)— 3. (Dionys., iv., 8.)— 4. (Plin., Epist., iv., 8.)— 5. (Pliu , 
H. N., xviii., 2.— Plut., Quiest. Rom., 99.)— 6. (Liv., xl., 42.)— 
7. (Serv. ad iEn., vii., 303. — Dion Cass., xxxix., 17.) — 8. (Di:v 
nys., ii., 21. — Senec, Controv., iv., 2. — Plut., Quaist. Rom., 73. 
—Plin., H. N., vii., 29.)— 9. (Dionvs., ii., 21. «fcc, 73.— Liv., i , 
20.)— 10. (Dionvs., iv., 62.;— 11. (Id., ii.. 22.) — 12. (Liv.. xlu., 
28.— Plut., Tib.'Gracc, 4.) 

843 



SACRA. 



SACRA. 



All priests had some external distinction, as the 
apex, tutulus, or galerus, the toga praetexta, as well 
as honorary seats in the theatres, circuses, and am- 
phitheatres. They appear, however, to have been 
obliged to pay taxes, like all other citizens, but seem 
occasionally to have tried to obtain exemption. See 
the case related in Livy. 1 

Two interesting questions yet remain to be an- 
swered : First, whether the priests at Rome were 
paid for their services, and, secondly, whether they 
instructed the young, or the people in general, in the 
principles of their religion. As regards the first 
question, we read that in the time of Romulus lands 
were assigned to each temple and college of priests ; 2 
and when Festus 3 states that the Roman augurs 
had the enjoyment (frui solebant) of a district in 
the territory of Veii, we may infer that all priests 
had the usus of the sacred lands belonging to their 
respective colleges or divinities. This supposition 
is strengthened by the fact that such was actually 
the case in the Roman colonies, where, besides the 
lots assigned to the coioni, pieces of land are men- 
tioned which belonged to the colleges of priests, who 
made use of them by letting them out in farm.* 
It appears, however, that we must distinguish be- 
tween such lands as were sacred to the gods them- 
selves, and could not be taken from them except by 
exauguratio, and such as were merely given to the 
priests as possessio, and formed part of the ager 
publicus. Of the latter, the state remained the own- 
er, and might take them from the priests in any 
case of necessity. 5 Besides the use of such sacred 
or public lands, some priests also had a regular an- 
nual salary (stipendium), which was paid to them 
from the public treasury. This is expressly stated 
in regard to the vestal virgins, 6 the augurs, 7 and 
he curiones, 8 and may therefore be supposed to 
have been the case with other priests also. The 
pontifex maximus, the rex sacrorum, and the ves- 
tal virgins had, moreover, a domus publica as their 
place of residence. In the time of the emperors, the 
income of the priests, especially of the vestal vir- 
gins, was increased. 9 

As regards the second question, we do not hear, 
either in Greece or at Rome, of any class of priests 
on whom it was incumbent to instruct the people 
respecting the nature and in the principles of reli- 
gion. Of preaching there is not the slightest trace. 
Religion, with the ancients, was a thing which was 
handed down by tradition from father to son, and 
consisted in the proper performance of certain rites 
and ceremonies. It was respecting these external 
forms of worship alone that the pontiffs were obliged 
to give instructions to those who consulted them. 
(Vid. Pontifex.) 

SACRA. This word, in its widest sense, ex- 
presses what we call divine worship. In ancient 
times, the state, as well as all its subdivisions, had 
their own peculiar forms of worship, whence at 
Rome we find sacra of the whole Roman people, of 
the curies, gentes, families, and even of private in- 
dividuals. All these sacra, however, were divided 
into two great classes, the public and private sacra 
(sacra publica ct privata), that is, they were perform- 
ed either on behalf of the whole nation and at the 
expense of the state, or on behalf of individuals, 
families, or gentes, which had also to defray their 
expenses. 10 This division is ascribed to Numa. All 
sacra, publica as w 7 ell as privata, were superintend- 



1. (xxxiii., 42.) — 2. (Dionys., ii., 7.) — 3. (s. v. Oscum.) 
(Sicculus Flaccus, De condit. agror., p. 23, ed. Goes. — Hyginus, 
De Limit. Constit., p. 205, ed. Goes.) — 5. (Dion Cass., xliii., 47. 
— Oros., v., 18.— Appian, De Bell. Mithr., 22.)— 6. (Liv., i., 20.) 
— 7. (Dionys., ii., 6.) — 8. (Fcst., s. v. Curionium.) — 9. (Suet., 
Octav., 31. — Tacit., Ann., iv., 16.) — 10. (Fest., s. v. Publica sa- 
;ra. — I iv., i., 20 ; x., 7. -- Plut., Num., 9. — Cic, De Harusp. 
Resp., f ) 

844 



ed and regulated b) the pontiffs We slaU hret 
speak of the sacra publica. 

Sacra publica. — Among the sacra publica the Ro- 
mans reckoned not only those which were perform • 
ed on behalf of the whole Roman people, but also 
those performed on behalf of the great subdivisions 
of the people, viz., the tribes and the curiae, which 
Festus 1 expresses, "pro montanis, pagis, curiis, sa- 
ccllis.'"* The sacra pro montibus et pagis are un- 
doubtedly the sacra montanalia and paganalia, which, 
although not sacra of the whole Roman people, were 
yet publica. 3 The sacella in the expression of Fes- 
tus, sacra pro sacellis, appear only to indicate tin 
places where some sacra publica were performed. 
What was common to all sacra publica is, that they 
were performed at the expense of certain public 
funds, which had to provide the money for victims, 
libations, incense, and for the building and mainte- 
nance of those places where they were performed. 5 
The funds set apart for the sacra publica were in 
the keeping of the pontiffs, and the sacramentum 
formed a part of them. ( Vid. Sacramentum.) They 
were kept in the domus publica of the pontifex max- 
imus, and were called aerarium pontificum. 6 When 
these funds did not suffice, the state treasury supplied 
the deficiency. 7 In the solemnization of the sacra 
publica, the senate and the whole people took part. 8 
This circumstance, however, is not what consti- 
tutes their character as sacra publica, for the sacra 
popularia, 9 in which the whole people took part, 
might nevertheless be sacra privata, if the expenses 
were not defrayed out of the public funds, but by 
one or more individuals, or by magistrates. The 
pontiffs, in conducting the sacra publica, were assist- 
ed by the epulones. (Vid. Epulones.) 

Sacra privata embraced, as we have stated, those 
which were performed on behalf of a gens, a fami- 
ly, or an individual. The characteristic by which 
they were distinguished from the sacra publica is, 
that they were made at the expense of those per- 
sons or person on whose behalf they were perform- 
ed. Respecting the sacra of a gens, called sacra 
gentilicia, see Gens, p. 469. The sacra connected 
with certain families were, like those of a gens, per 
formed regularly at fixed times, and descended as an 
inheritance from father to son. As they were al- 
ways connected with expenses, and were also troub 
lesome in other respects, such an inheritance w r as 
regarded as a burden rather than anything else. 1 ' 
They may generally have consisted in sacrifices to 
the penates, but also to other divinities. They had 
usually been vowed by some ancestor of a family 
on some particular occasion, and then continued for- 
ever in that family, the welfare of which was thought 
to depend upon their regular and proper perform- 
ance. Besides these periodical sacra of a family, 
there were others, the performance of which must 
have depended upon the discretion of the heads of 
families, such as those on the birthday or on the 
death of a member of the family. Savigny 11 denies 
the existence of sacra familiarum. 

An individual might perform sacra at any time, 
and whenever he thought it necessary ; but if he 
vowed such sacra before the pontiffs, and wished 
that they should be continued after his death, his 
heirs inherited with his property the obligation tc 
perform them, and the pontiffs had to watch that 
they were performed duly and at their proper time. 13 

1. (1. c.) — 2. (Vid. Dionys., ii., 21, 23. — Appian, Hist. Rom., 
vin., 138.— De Bell. Civ., ii., 106.— Plut., Quaest. Rom., 89.)— 3. 
(Varro, De Ling. Lat., v., p. 58, ed. Bip. — Compare Festus, s. v. 
Septimontium.) — 4. (Gottl., Gesch. der Rom. Staatsv., p. 176.) — 
5. (Fest., 1. c— Dionys., ii.,23.— Liv.,x., 23 ; xlii., 3.)— 6. (Var 
ro, De Ling. Lat., iv., p. 49, ed. Bip.— Gruter, Inscript., 413, 8 
496, 6; 452, 6.)— 7. (Festus, s. v. Sacramentum.) — 8. (Plut., 
Num., 2.) — 9. (Fest., s. v. Popular, sacr.) — 10. (Macrob , Sat. 
i., 16.) — 11. (Zeitschrift, ii., 3.) — 12. (Fest., s. v. Sacer moas.-* 
Cic, Pro Dom., 51. — Compare Cic. ad Att., xii., 19, &c.) 



SACRIF1CIUM. 



SACRIFIC1UM. 



Such, ati obligation was in later times evaded in va- 
rious ways. 

Among the sacra privata were reckoned also the 
sacra municipalia, that is, such sacra as a commu- 
nity or town had been accustomed to perform before 
it had received the Roman franchise. After this 
event, the Roman pontiffs took care that they were 
continued in the same manner as before. 1 (Com- 
pare Sacrificium.) 

SACR AMENTUM. (Vid. Vindicije.) 
SACRA'RIUM was, according to the definition of 
L T lpian, J any place in which sacred things were de- 
posited and kept, whether this place was a part of 
a temple or of a private house. 3 A sacrarium, there- 
fore, was that part of a house in which the images 
of the penates were kept. Respecting the sacrarium 
of the lares, see Lararium. Public sacraria at 
Rome were : one attached to the Temple of the 
Capitoline Jupitei, in which the tensae, or chariots 
for public processions, were kept ;• the place of the 
salii, in which the ancilia and the lituus of Romulus 
were kept, 5 and others. In the time of the em- 
perors, the name sacrarium was sometimes applied 
to a place in which a statue of an emperor was 
erected. 6 Livy 7 uses it as a name for a sacred 
retired place in general. 

SACRAT-E LEGES. {VU. Lex, p. 585.) 
SACRIFI'CIUM (lepetov). Sacrifices or offerings 
formed the chief part of the worship of the ancients. 
They were partly signs of gratitude, partly a means 
of propitiating the gods, and partly, also, intended 
to induce the deity to bestow some favour upon the 
sacrifices or upon those on whose behalf the sacri- 
fice was offered. Sacrifices in a wider sense would 
also embrace the Don-aria ; in a narrower sense, 
sacrificia were things offered to the gods, which 
merely afforded momentary gratification, which were 
burned upon their altars, or were believed to be con- 
sumed by the gods. We shall divide all sacrifices 
into two great divisions, bloody sacrifices and un- 
bloody sacrifices, and, where it is necessary, con- 
sider Greek and Roman sacrifices separately. 

Bloody sacrifices. — As regards sacrifices in the 
earliest times, the ancients themselves sometimes 
imagined that unbloody sacrifices, chiefly offerings 
of fruit, had been customary long before bloody sac- 
rifices were introduced among them. 8 It cannot, in- 
deed, be denied, that sacrifices of fruit, cakes, liba- 
tions, and the like, existed in very early times ; but 
bloody sacrifices, and, more than this, human sacri- 
fices, are very frequently mentioned in early story ; 
in fact, the mythology of Greece is full of instances 
of human sacrifices being offered, and of their pleas- 
ing the gods. Wachsmuth 9 has given a list of the 
most celebrated instances. It may be said that 
none of them has come down to us with any degree 
of historical evidence ; but surely the spirit which 
gave origin to those legends is sufficient to prove 
ihat human sacrifices had nothing repulsive to the 
ancients, and must have existed to some extent. 
In the historical times of Greece, we find various 
customs in the worship of several gods, and in sev- 
eral parts of Greece, which can only be accounted 
for by supposing that they were introduced as sub- 
stitutes for human sacrifices. In other cases, where 
civilization had shown less of its softening influen- 
ces, human sacrifices remained customary through- 



1. (Fest, s. v. Municipalia sacra. — Compar? Ambrosch, Stud, 
oad Andeut., p. 215. — Gottling, p. 175, &c. — Walter, Gesch. 
ier Rom. Rechts, p. 178. — Hartung, Die Relig. der Rom., i., p. 
126, &c.) — 2. (Di<r. 1, tit. 8, s. 9, t) 2.) — 3. (Compare Cic, c. 
Verr., iv., 2.— Pro Mil., 31.— Suet., Tib., 51.)— 4. (Suet., Vesp., 
5.— Grat. Falisc, 534.)— 5. (Val.Max., i., 8, 11.— Serv adVirg., 
&n , vii., 603.) — 6. (Tacit.. Ann., ii., 41. — Stat., Sylv., v., 1, 
540.)— 7. (i., 21.)— 8. (Plat., De Leg., vi., p. 782.— Paus., viii., 
2, <i 1 ; i., 26, 4 6.— M v rob., Sat., i., 10, &c.)— 9 (Hell. Ait., ii., 
!■ 224 i 



out the historical periods ?f Greeci, and down to 
the time of the emperors. Thus, in the worship of 
Zeus Lycaeus in Arcana, where human sacrifices 
were said to have been introduced by Lycaon, 1 they 
appear to have continued till the time of the Roman 
emperor,"). a In Leucas a person was every year, at 
the festival of Apollo, thrown from a rock into the 
sea ; 3 and Themistocles, before the battle of Sala- 
mis, is said to have sacrificed three Persians to Di- 
onysus." Respecting an annual sacrifice of human 
beings f.t Athens, vid. Thargelia. With these few 
exceptions, however, human sacrifices had ceased 
in the historical ages of Greece. Owing to the in- 
fluences of civilization, in many cases animals were 
substituted for human beings, in other? * few drops 
of human blood were thought sufficient to propitiate 
the gods. 5 The custom of sacrificing human life to 
the gods arose undoubtedly from the belief, which, 
under different forms, has manifested itself at all 
times and in all nations, that the nobler the sacrifice, 
and the dearer to its possessor, the more pleasing it 
would be to the gods. Hence the frequent instan- 
ces in Grecian story of persons sacrificing their own 
children, or of persons devoting themselves to the 
gods of the lower world. In later times, however, 
persons sacrificed to the gods were generally crim- 
inals who had been condemned to death, or such as 
had been taken prisoners in war. 

That the Romans also believed human sacrifices 
to be pleasing to the gods might be inferred from 
the story of Curtius, and from the self-sacrifice of 
the Decii. The symbolic sacrifice of human figures 
made of rushes at the Lemuralia (vid. Lemuralia) 
also shows that in the early history of Italy human 
sacrifices were not uncommon. For another proof 
of this practice, see the article Ver Sacrum. One 
awful instance also is known, which belongs to the 
latest period of the Roman Republic. When the 
soldiers of J. Caesar attempted an insurrection at 
Rome, two of them were sacrificed to Mars in the 
Campus Martius by the pontifices and the flamen 
Martialis, and their heads were stuck up at the 
regia. 6 

A second kind of bloody sacrifices were tLose of 
animals of various kinds, according to the nature 
and character of f.he divinity. The sacrifices of an- 
imals were the most common among the Greeks 
and Romans. The victim was called Uptiov, and 
in Latin hostia or victima. In the early times it 
appears to have been the general custom to burn 
the whole victim {6'aokclvteZv) upon the altars of the 
gods, and the same was in some cases, also, observ- 
ed in later times, 7 and more especially in sacrifices 
to the gods of the lower world, and such as were 
offered to atone for some crime that had been com- 
mitted. 8 But, as early as the time of Homer, it was 
the most general practice to burn only the legs 
(firjfioi, firjpia, fif/pa) enclosed in fat, and certain parts 
of the intestines, while the remaining parts of the 
victim were consumed by men at a festive meal. 
The gods delighted chiefly in the smoke arising from 
the burning victims, and the greater the number of 
victims, the more pleasing was the sacrifice. Hence 
it was not uncommon to offer a sacrifice of one hun- 
dred bulls (EKaTdfi6j]) at once, though it must not be 
supposed that a hecatomb always signifies a sacri- 
fice of a hundred bulls, for the name was used in a 
general way to designate any great sacrifice. Such 
great sacrifices were not less pleasing to men than 
to the gods, for in regard to the former they were, ic 
reality, a donation of meat. Hence, at Athens, thf 



1. (Pat.*., viii., 2, t> 1.)— 2. (Theophrast. ap. Porphyr. de Ab 
stin., ii., 27.— Plut., Quaest. Gr., 39.)— 3. (Strab., x., p. 452. )-4 
(Plut., Them., 13.— Arist., ll.-Pelop., 21.)— 5. (Paus., viii., 23 
t) 1 ; ix., 8, t> 1.)— 6. (Dion Cass., xlii., 24.)— 7. fXen., Anab. 
vii., 8, « 5.)— 8. (Apollon. Rhod., iii., 1030, 1209.) 

845 



SACRIFICIUM. 



SACRILEGIUM. 



partiality for su Ji sacrifices rose to the highest de- 
gree. 1 Sparta, on the other hand, was less extrav- 
agant in sacrifices ; and while in other Greek states 
it was necessary that a victim should be healthy, 
beautiful, and uninjured, the Spartans were not very 
scrupulous in this respect. 3 The animals which 
were sacrificed were mostly of the domestic kind, 
as bulls, cows, sheep, rams, lambs, goats, pigs, dogs, 
and horses ; but fishes are also mentioned as pleas- 
ing to certain gods. 3 Each god had his favourite 
animals, which he liked best as sacrifices ; but it 
may be considered as a general rule, that those an- 
imals which were sacred to a god were not sacri- 
ficed to him, though horses were sacrificed to Po- 
seidon notwithstanding this usage.* The head of 
the victim, before it was killed, was in most cases 
strewed with roasted barley-meal (ovloxvra or ovXo- 
xvrai) mixed with salt (mola salsa). The Athenians 
used for this purpose only barley grown in the Rha- 
rian plain. 5 The persons who offered the sacrifice 
wore generally garlands round their heads, and 
sometimes, also, carried them in their hands, and 
before they touched anything belonging to the sacri- 
fice they washed their hands in water. The victim 
itself was likewise adorned with garlands, and its 
horns were sometimes gilt. Before the animal was 
killed, a bunch of hair was cut from its forehead 
and thrown into the fire as primitiae. 6 In the heroic 
ages, the princes, as the high-priests of their people, 
killed the victim ; in later times this was done by 
the priests themselves. When the sacrifice was to 
he offered to the Olympic gods, the head of the ani- 
mal was drawn heavenward (see the woodcut in p. 
15 7 ) ; when to the gods of the lower world, to he- 
roes, or to the dead, it was drawn downward. 
White the flesh was burning upon the altar, wine 
and incense were thrown upon it, 8 and prayers and 
music accompanied the solemnity. 

The most common animal sacrifices at Rome 
were the suovetaurilia or solitaurilia, consisting of 
a pig, a sheep, and an ox. They were performed in 
2.11 cases of a lustration, and the victims were car- 
ried around the thing to be lustrated, whether it 
was a city, a people, or a piece of land. ( Vid. Lus- 
tratio.) The Greek Tpirrva, which likewise con- 
sisted of an ox, a sheep, and a pig, was the same 
sacrifice as the Roman suovetaurilia. 9 The cus- 
toms observed before and during the sacrifice of an 
animal were, on the whole, the same as those observ- 
ed in Greece. 10 But the victim, was in most cases not 
killed by the priests who conducted the sacrifice, 
but by a person called popa, who struck the animal 
with a hammer before the knife was used. 11 The 
better parts of the intestines (exta) were strewed 
with barley-meal, wine, and incense, and were 
burned upon the altar. Those parts of the animal 
which were burned were called prosecta, prosicia, or 
ablegmina. When a sacrifice was offered to gods 
of rivers or of the sea, these parts were not burned, 
but thrown into the water. 12 Respecting the use 
which the ancients made of sacrifices to learn the 
will of the gods, vid. Haruspex and Divinatio. 

Unbloody sacrifices. — Among these we may first 
mention the libations (libaliones, lotdac or cTrovdat). 
We have seen above that bloody sacrifices were 
usually accompanied by libations, as wine was pour- 
ed upon them. Libations always accompanied a 
sacrifice which was offered in concluding a treaty 

I. (Athen., i.,p. 3. — Compare Bockh, Staatsh., i., p. 226, &c.) 

— 2. (Plat., Alcib., ii., p. 149.) — 3. (Athen., vii., p. 297.) — 4. 
{Paus., viii., 7, t) 2.)— 5. (Paus., i., 38, I) 6.)— 6. (Horn., II., xix., 
254.— Id., Od., xiv., 422-)— 7. (Compare Eustath. ad II., i., 459.) 

— 8. (II., i., 264; xi., 774, &c.) — 9. (Callim. ap. Phot., s. v. 
TptTTvav— Aristoph., Plut., 820.)— 10. (Virg., ^En., vi., 245.— 
— Serv. ad. Virg., JEn., iv., 57. — Fest., s. v. Immolare. — Cato, 
De Re Rust., 134, 132.) — 11. (Serv. ad JEn., xii., 120.— Suet., 
Calig., 32.,— 12. (Cato, De Re Rust., 134.— Macrob., Sat., ii., 2. 

-Liv., xxix., 27.— Virg., .En., v., 774.) 
846 



with a foreign nation ; and that here they formed a 
prominent part of the solemnity, is clear from the fact 
that the treaty itself was called enrovdrj. But liba- 
tions were also made independent of any other sac- 
rifice, as in solemn prayers, 1 and on many other oc- 
casions of public and private life, as before drinking 
at meals, and the like. Libations usually consisted 
of unmixed wine (evorcovdoc , mcrum), but sometimes 
also of milk, honey, and other fluids, either pure or 
diluted with water. 2 Incense was likewise an offer- 
ing which usually accompanied bloody sacrifices, but 
it was also burned as an offering for itself. Real 
incense appears to have been used only in later 
times ; 3 but in the early times, and afterward also 
various kinds of fragrant wood, such as cedar, fig, 
vine, and myrtle- wood, were burned upon the altars 
of the gods.* 

A third class of unbloody sacrifices consisted of 
fruit and cakes. The former were mostly offered to 
the gods as primitiae or tithes of the harvest, and as 
a sign of gratitude. They were sometimes offered 
in their natural state, sometimes, also, adorned or 
prepared in various ways. Of this kind were the 
elpeo-tuvn, an olive-branch wound around with wool, 
and hung witk. various kinds of fruits ; the x^ T P ai -> 
or pots filled with cooked beans (vid. Pyanepsia) ; 
the ttipvov or nepva, or dishes with fruit ; the oaxa. 
or oaxa (vid. Oschophoria). Other instances may 
be found in the accounts of the various festivals. 
Cakes (rcelavoi., 7refifiara, Troirava, libum) were pecu- 
liar to the worship of certain deities, as to that of 
Apollo. They were either simple cakes of flour, 
sometimes also of wax, or they were made in the 
shape of some animal, and were then offered as 
symbolical sacrifices in the place of real animals, 
either because they could not easily be procured, or 
were too expensive for the sacrificer. 5 This ap- 
pearance, instead of reality, in sacrifices was also 
manifest on other occasions, for we find that sheep 
were sacrificed instead of stags, and were then call- 
ed stags: and in the Temple of Isis at Rome the 
priests used water of the river Tiber instead of Nile 
water, and called the former water of the Nile. 6 

SACRILE'GIUM is the crime of stealing things 
consecrated to the gods, or things deposited in a 
consecrated place. 7 A lex Julia, referred to in the 
Digest, 8 appears to have placed the crime of sacrile- 
gium on an equality with peculatus. (Vid. Pecu- 
lates.) Several of the imperial constitutions made 
death the punishment of a sacrilegus, which con- 
sisted, according to circumstances, either in being 
given up to wild beasts, in being burned alive, or 
hanged. 9 Paulus says, in general, that a sacrilegus 
was punished with death ; but he distinguishes be- 
tween such persons as robbed the sacra publica 
and such as robbed the sacra privata, and he is of 
opinion that the latter, though more than common 
thieves, yet deserve less punishment than the form- 
er. In a wider sense, sacrilegium was used by the 
Romans to designate any violation of religion, 10 or 
of anything which should be treated with religious 
reverence. 11 Hence a law in the Codex 12 states 
that any person is guilty of sacrilegium who neg- 
lects or violates the sanctity of the divine law. 
Another law 13 decreed that even a doubt as to 
whether a person appointed by an emperor to some 
office was worthy of this office, was to be regarded 
as a crime equal to sacrilegium. 



1. (II., xvi., 233.)— 2. (Soph., (Ed. Col., 159, 481.— Plin , H 
N., xiv., 19— ^Eschyl., Eum., 107.)— 3. (Plin., H. N., xiii., 1.) 
— 4. (Suid., s. v. Nr)(pd\ca \v\a.) — 5. (Suid., s. v. BoDf 'SSoixos- 
— Serv. ad Virg., jEn., ii., 116.) — 6. (Festus, s v. Cervaria 
ovis.— Serv., 1. c— Vid. Wachsmuth, Hell. Alt., ii., 2, p 222-234. 
— Hartung, Die Relig. der Romer, i., p. 160, &c.) — 7. (Quintil., 
vii., 3, 21, &c— Cic, De Leg., ii., 16.— Liv., xlii.. 3.)— 8. (48, 
tit. 13, s. 4.)— 9. (Dig. 48, tit. 13, s. 6.)— 10. (Com Nep., Alcih , 
6.)— 11. (Ovid, Met., xiv., 539.— Rem. Am., 367. -Fast., iii. 
700.)— 12. (ix., ti . 29, s. 1.)— 13. (Cod., ix.. t.rt. 29, s. 2.; 






SAGITTA. 



SAG1TTA. 



SACRO'RUM DETESTA'TIO. (Vid. Gens, p. 
169.) 

S^ECULA'RES LUDI. (Vid. Ludi S^culares.) 

S^E'CULUM. A saeculum was of a twofold na- 
ture, that is, either civil or natural. The civil saec- 
ulum, according to the calculation of the Etruscans, 
which was adopted by the Romans, was a space of 
time containing 110 lunar years. The natural saec- 
ulum, upon the calculation of which the former was 
founded, expressed the longest term of human life, 
and its duration or length was ascertained, accord- 
ing to the ritual books of the Etruscans, in the fol- 
lowing manner : the life of a person, which lasted 
the longest of all those who were born on the day 
of the foundation of a town, constituted the first 
saeculum of that town ; and the longest liver of all 
who were born at the time when the second saecu- 
lum began, again determined the duration of the 
second saeculum, and so on. 1 In the same manner 
that the Etruscans thus called the longest life of a 
man a saeculum, so they called the longest exist- 
ence of a state, or the space of 1100 years, a saccu- 
lar day ; the longest existence of one human race, 
or the space of 8800 years, a secular week, &c. a It 
was believed that the return of a new saeculum was 
marked by various wonders and signs, which were 
recorded in the history of the Etruscans. The re- 
turn of each saeculum at Rome was announced by 
the pontiffs, who also made the necessary interca- 
lations in such a manner, that at the commence- 
ment of a new saeculum, the beginning of the ten 
months' year, of the twelve months' year, and of 
the solar year coincided. But in these arrange- 
ments the greatest arbitrariness and irregularity ap- 
pear to have prevailed at Rome, as may be seen 
from the unequal intervals at which the ludi saecu- 
lares were celebrated. ( Vid. Ludi S^eculares.) 
This also accounts for the various ways in which 
a saeculum was defined by the ancients : some be- 
lieved that it contained thirty, 3 and others that it 
contained a hundred years ;* the latter opinion ap- 
pears to have been the most common in later times, 
so that saeculum answered to our century. 5 

*S AGAPE'NUM (aayaTrrjvov). " All the ancient 
authorities describe this as the juice of a ferula ; 
hence Sprengel supposes it the Ferula Pcrsica, Willd. 
Dioscorides describes it as being fieratjv ottov, aik- 
6tov nai xahfiavrjc, and in like manner it is said of 
it in the Edinburgh Dispensatory, that ' Sagapenum 
holds a kind of middle place between asafoetida 
and galbanum.' "' 

SAGITTA (olotoc, 16c ; Herod. Tofcvpa), an Ar- 
row. The account of the arrows of Hercules 7 enu- 
merates and describes three parts, viz., the head or 
point, the shaft, and the feather. 

I. The head was denominated apdic* whence the 
instrument used to extract arrow-heads from the 
lodies of the wounded was called apdiodr/pa. ( Vid. 
^orceps.) Great quantities of flint arrow-heads 
are found in Celtic barrows throughout the north of 
Europe, in form exactly resembling those which 
are still used by the Indians of North America. 9 
Nevertheless, the Scythians and Massagetae had 
them of bronze. 10 Mr. Dodwell found flint arrow- 
heads on the plain of Marathon, and concludes that 
they had belonged to the Persian army. 11 Those 
used by the Greeks were commonly bronze, as is 
expressed by the epithet x a ^ K VPV^ " fitted with 
bronze," which Homer applies to an arrow. 12 An- 

1. (Censoria., De Die Nat., 17.)— 2. (Plut., Sulla, 7.— Nie- 
>uhr, Hist, of Rome, i.,p. 137.) — 3. (Censorin., 1. c.)— 4. (Varro, 
Dc Ling. Lat., v., p. 54, ed. Bip. — Fest., s. v. S<eculares ludi.) — 5. 
( Vid. Niebuhr, Hist of Rome, i., p. 275, &c.) — 6. (Dioscor., iii., 
85.— Galen, De Simpl., viii. — Adams, Append., s. v.) — 7. (He- 
Biod, Scut., 130-135.)— 8. (Herod., i., 215; iv., 81.)— 9. (Hoare's 
Auc. Wiltshire, South, ) 183.)— 10. (Herod., 11. cc.)— 11. (Tour 
through Greece, vol. ii., p. 159.)— 12. (II., xiii., 650, 662.) 



other Homeric epithet, viz., " three-tongued" (rpty- 
Wxiv 1 ), is illustrated by the forms of the arrow- 
heads, all of bronze, which are represented in the 
annexed woodcut. That which lies horizontally 




was found at Persepolis, and is drawn of the size 
of the original. The two smallest, one of which 
shows a rivet-hole at the side for fastening it to the 
shaft, are from the plain of Marathon. 2 The fourth 
specimen was also found in Attica. 3 

The use of barbed (aduncce, hamata) and poisoned 
arrows (venenata sagittce.) is always represented by 
the Greek and Roman authors as the character- 
istic of barbarous nations. It is attributed to the 
Sauromatae and Getae,* to the Servii 5 and Scythi- 
ans, 6 and to the Arabs 7 and Moors. 8 When Ulys- 
ses wishes to have recourse to this insidious prac- 
tice, he is obliged to travel north to the country of 
the Thresprotians ; 9 and the classical authors who 
mention it do so in terms of condemnation. 10 Some 
of the northern nations, who could not obtain iron, 
barbed their arrow-heads with bone. 11 The poi 
son applied to tips of the arrows having been call- 
ed tozicum (joI-ikov), on account of its connexion 
with the use of the bow, 12 the signification of this 
term was afterward extended to poisons in gen 
eral. 13 

II. The excellence of the shaft consisted in be , 
ing long, and at the same time straight, and, if it 
was of light wood, in being well polished. 1 * But it 
often consisted of a smooth cane or reed (Arundo 
donax or phragmiies, Linn.), and on this account 
the whole arrow was called either arundo in the 
one case, 15 or calamus in the other. 16 In the Egyp- 
tian tombs reed-arrows have been found, varying 
from 34 to 22 inches in length. They show the 
slit (ylv^cc 11 ) cut in the reed for fixing it upon the 
string. 13 

III. The feathers are shown on ancient monu- 
ments of all kinds, and are indicated by the terms 
aim, 19 pennatce sagittal, 20 and TiTepoevrec oaxrof'. 21 
The arrows of Hercules are said to have been feath- 
ered from the wings of a black eagle. 22 

Besides the use of arrows in the ordinary way, 
they were sometimes employed to carry fire. Oc- 
tavianus attempted to set Antony's ships on fire 
by sending f^eXn irvptyopa from the bows of his arch 
ers. 23 A headdress of small arrows is said to have 

1. (II., v., 393.)— 2. (Skelton, Illust. of Armour at Goodrich 
Court, i., pi. 44.)— 3. (Dodwell, 1. c.)— 4. (Ovid, Trist., iii., 10, 
63, 64.— De Pont., iv., 7, 11, 12.)— 5. (Arnoldi, Chron. Slav., 1, 
t> 8.)— 6. (Plin., H. N., x., 53, s. 115.) —7. (Pollux, Onom., i., 
10.)— 8. (Hor., Carm., i., 22, 3.)— 9. (Horn., Od., i., 261-263.)— 
10. (Homer, Pliny, 11. cc— ^Elian, H. A., v., 16.)— 11. (Tac, 
Germ., 46.)— 12. (Plin., II. N., xvi., 10, s. 20.— Fe?t., s. v.— Di- 
oscor., vi., 20.)— 13. (Plaut., Merc, ii., 4, 4.— Hor., Epod., xvii., 
61. — Propert., i., 5, 6.) — 14. (lies., Scut., 133.) — 15. (Virg., 
JEn., iv., 69-73 ; v., 525.-Ovid, Met., i., 471 ; viii., 382.)— 16 
(Virg-., Buc, iii., 12, 13.— Ovid, Met., vii., 778.— Hor., Carm.,i., 
15, 17.— Juv., xiii., 80.)— 17. (Horn., 11., iv., 122.— Ovid, xxu 
419.)— 18. (Wilkinson, Man. and Cust., &c, i., 309.)— 19 (Virg 
JEiu, ix., 578 ; xii., 319.) -20. (Prudent., Hamart, 498.) — 2! 
(Horn., II., v., 171.)— 22. (Hes., 1. c.)— 23. (Dion Cass., 1, 34.) 

817 



SAGUM. 



SALAMINIA. 



=n worn by the Indians, 1 the Nubians and Egyp- 
tians, and other Oriental nations. 2 

In the Greek and Roman armies, the sagittarii, 
more anciently called arquites, i. e., archers or bow- 
men, 3 formed an important part of the light-armed 
infantry.* They belonged, for the most part, to the 
allies, and were principally Cretans. 5 (Vid. Arcus, 
Corytus, Pharetra, Tormentum.) 

SAGMINA were the same as the Verbena, name- 
ly, herbs torn up by their roots from within the en- 
closure of the Capitoline, which were always car- 
ried by the fetiales or ambassadors when they went 
to a foreign people to demand restitution for wrongs 
committed against the Romans, or to make a trea- 
ty. (Vid. Fetiales.) They served to mark the 
sacred character of the ambassadors, and answered 
the same purpose as the Greek KrjpvKeia. 6 Pliny 7 
also says that sagmina were used in remediis publi- 
cis, by which we must understand expiations and 
lustrations. The word Verbena seems to have been 
applied to any kind of herbs, or to the boughs and 
leaves of any kind of tree, gathered from a pure or 
sacred place. 8 

According to Festus, 9 the verbena were called 
sagmina, that is, pure herbs, because they were 
taken by the consul or the praetor from a sacred 
(sancto) place, to give to legati when setting out to 
make a treaty or declare war. He connects it with 
the words sanctus and sancire, and it is not at all 
impossible that it may contain the same root, which 
appears in a simpler form in sac-er (sag-men, sa(n)c- 
t'us): Marcian, 10 however, makes a ridiculous mis- 
take when he derives sanctus from sagmina. 

Muller 11 thinks that samentum is the same word 
as sagmen, although used respecting another thing 
by the Anagnienses. 12 

SAGUM was the cloak worn by the Roman sol- 
diers and inferior officers, in contradistinction to 
the paludamentum of the general and superior of- 
ficers. (Vid. Paludamentum.) It is used in oppo- 
sition to the toga or garb of peace, and we accord- 
ingly find that, when there was a war in Italy, all 
citizens put on the sagum, even in the city, with 
the exception of those of consular rank (saga sumerc, 
ad saga ire, in sagis esse 13 ) : hence, in the Italic war, 
the sagum was worn for two years. 1 * 

The sagum was open in the front, and usually 
fastened across the shoulders by a clasp, though 
not always : 15 it resembled in form the paludamen- 
tum (see woodcuts, p. 721), as we see from the spe- 
cimens of it on the column of Trajan and other an- 
cient monuments. It was thick and made of wool, 16 
whence the name is sometimes given to the wool 
itself. 17 The cloak worn by the general and supe- 
rior officers is sometimes called sagum (Punicum 
sagum 10 ), but the diminutive sagulum is more com- 
monly used in such cases. 19 

The cloak worn by the northern nations of Eu- 
rope is also called sagum : see woodcut, p. 171, 
where thiee Sarmatians are represented with saga, 
and compare Pallium, p. 719. The German sa- 
gum is mentioned by Tacitus : 20 that worn by the 
Gauls seems to have been a species of plaid (versi- 
color sagulum 21 ). 

The outer garment worn by slaves and poor per- 
sons is also sometimes called sagum. 22 

1. (Prudent., 1. c.)— 2. (Claud., De Nupt. Honor., 222.— De 3 
Cons. Honor., 21.— De Laud. Stil., i., 254.)— 3. (Festus, s. v.)— 
4. (Cses , Bell. Civ., i., 81 ; iii., 44.— Cic. ad Fam., xv., 4.)— 5. 
(Q. Curt., iv., 50.)— 6. (Plin., H. N., xxii., 2, s. 3.— Liv., i., 24 ; 
xxx., 43.— Dig. 1, tit. 8, s. 8.)— 7. (1. c.)— 8. (Sen-, ad Virg-., 
JEn., xii., 120.)— 9. (s. v.)— 10. (Dig.. 1. c.)— 11. (ad Festum, p. 
320.)— 12. (M Aurel., in Epist. ad Fronton., iv., 4.)— 13. (Cic, 
Phil., viii., 11 ; v., 12; xiv., 1.)— 14. (Liv., Epit., 72, 73.— Veil. 
Paterc, ii., 16.) — 15. (Trebell. Po.. , Trig-. Tyrann., 10.) — 16. 
(Mart., xiv , 159.)— 17. (Varro, L. L-, v , 167, ed. Muller.)— 18. 
(Hor., Ep., ix., 28.)— 19. (Compare Sil. Ital., iv., 519 ; xvii., 
528.— Liv., xxx., 17; xxvii., 19.)— 20. (Germ., 17.)— 21. (Tac., 
Hist., ii., 20.)— 22. (Col., i., « - Compare Disr. 34, tit. 2, s. 23, <> 2.) 



*SALAMANDRA (aaXafiuvdpa), the Salamander, 
or Lacerta Salamandra, a batracian reptile, oi the 
second family of its order, and constituting the 
type of a distinct genus. " To have some idea of 
its figure," says Buffon, " we may suppose the tail 
of a lizard applied to the body of a frog " For a 
full and accurate account, however, of this reptile 
and its peculiar structure, the reader is referred to 
Griffith's Cuvier. The popular belief that the sala- 
mander is proof against the action of fire (a belief 
to which Aristotle is guilty of giving some counte- 
nance) is now entirely exploded. According to 
Sprengel, the only foundation for this belief is the 
fact that the reptile emits a cold, viscid secretion 
from its body, which might be capable of extin- 
guishing a small coal. Dioscorides states decided- 
ly that it is not true that the salamander can live 
in fire. "The salamander," says Griffith, "takes 
up its abode in the humid earth, in the tufted woods 
of high mountains, in ditches and shady places, un 
der stones and the roots of trees, in hedges, by the 
banks of streams, in subterraneous caverns, and ru- 
ined buildings. Though generally feared, it is by 
no means dangerous. The milky fluid which ex- 
udes from its skin, and which it sometimes shoots 
to the distance of several inches, though nauseous, 
acrid, and, according to Gesner, even depilatory, is 
fatal only to very small animals. This humour, 
however, was doubtless the cause of a general pre- 
scription of the salamander. According to Pliny, 
by infecting with its poison all the vegetables of a 
vast extent of territory, this reptile could produce 
death to entire nations ! Other animals seem to 
have an instinctive horror of it. Its bite, however, 
is perfectly harmless, though Matthioli has declared 
it to be equally mortal with that of the viper — an 
atrocious absurdity." 1 

SALAMI'NIA (Zala/uvia). The Athenians, from 
very early times, kept for public purposes two sacred 
or state vessels, the one of which was called Udp 
aloe, and the other ILala/iLvia ; the crow of the one 
bore the name of TzapaAlrai or 7tdpalo„, and that of 
the other aa'kap.ivioi^ In the former of these two 
articles Photius erroneously regards the two names 
as belonging to one and the same ship. 3 The Sal- 
aminia was also called AnXia or Beupic, because it 
was used to convey the -deupul to Delos, on which 
occasion the ship was adorned with garlands by 
the priest of Apollo.* Both these vessels were 
quick-sailing triremes, and were used for a variety 
of state purposes : they conveyed theories, despatch- 
es, &c., from Athens, carried treasures from sub- 
ject countries to Athens, fetched state criminals 
from foreign parts to Athens, and the like. 5 In bat- 
tles they were frequently used as the ships in 
which the admirals sailed. These vessels and their 
crews were always kept in readiness to act, in case 
of any necessity arising ; and the crew, although 
they could not, for the greater part of the year, be in 
actual service, received their regular pay of four 
oboli per day all the year round. This is expressly 
stated only of the Paralos, 6 but may be safely said 
of the Salaminia also. The statement of the scho- 
liast on Aristophanes, 7 that the Salaminia was only 
used to convey criminals to Athens, and the Para- 
los for theories, is incorrect, at least if applied to 
the earlier times. When Athens had become a 
great maritime power, and when other ships were 
employed for purposes for which before either the 
Salaminia or the Paralos had been used, it is natu- 
ral to suppose that these two vessels were chiefly 

1. (Aristot., H. A., v., 19.— Adams, Append., s. v.— Griffith's 
Cuvier, vol. ix., p. 464.) — 2. (Phot., s. v. IlupaXo? andllapaAoj.) 
— 3. (Pollux, Onom., viii., 116. — Hesych., s. v. tlapa^irrji-) — * 
(Plat., Pined., p. 58, c.)— 5. (Tiucyd., v., 53,61.)— 6. (Harpocr 
et Phot., 3. v. IldpaXos )— 7. ( V.v., 147 - Compare Suidas, i. * 
iaXa/iivia vaDj.) 



SALARIUM. 



SALIf. 



employed in matters connected with religion, as 
heories, and in extraordinary cases, such as when 
a state criminal like Alcibiades was to be solemnly 
ounveyed to Athens. The names of the two ships 
*:em to point to a very early period of the history 
ot Attica, when there was no navigation except be- 
tween Attica and Salamis, for which the Salaminia 
was used, and around the coast of Attica, for which 
purpose the Paralos was destined. In later times 
the names were retained, although the destination 
of the ships was principally to serve the purposes 
of religion, whence they are frequently called the 
sacred ships. 1 

*SAL AMMONI'ACUM (ale 'Afifiuviaicoc), a Fos- 
sil Salt, procured from the district of Africa ad- 
loining the Temple of Jupiter Ammon. It was to- 
tally different from the Sal Ammoniac of the mod- 
erns, which is Hydrochlorus Ammonite. (Vid. Am- 
moniacum.) " It has been thought," says Dr. Moore, 
that the ancients knew Sal Ammoniac under the 
name of Nilrum; and, although Beckmann main- 
tains the opposite opinion, the grounds on which 
he rests his argument do not bear him out. He ob- 
serves that 4 there are two properties with which 
the ancients might have accidentally become ac- 
quainted, and which, in that case, would have been 
sufficient to make known or define to us this salt 
(sal ammoniac). In the first place, by an acci- 
dental mixture of quicklime, the strong smell or un- 
pleasant vapour diffused by the volatile alkali sep- 
arated from the acid might have been observed.' 
Now what Beckmann seems willing to admit as a 
criterion of sal ammoniac is mentioned by Pliny 
of nitrum, which, he says, 'sprinkled with lime, 
gives forth a powerful odour' (cake aspersum red- 
iit odorcm vehementiorem). Beckmann appears to 
.' 3ubt what, he says, ' several writers have assert- 
ed, that sal ammoniac comes also from the East 
Indies.' But it certainly is brought thence at this 
Jay, and may have been manufactured there, and 
have found its way to Europe in the time of Pliny 
also ; for we find that unchangeable country pro- 
ducing the same things then as now, indigo, In- 
dian ink, fine steel, sugar, silks, &c. The manu- 
facture of sal ammoniac in Egypt also may, for 
aught we know, have been more ancient than is 
thought. We are not justified in concluding that 
the ancients were ignorant Gf everything of which 
we discover no mention in their works. One of 
'.he chief reasons for supposing the ancients to have 
been ignorant of our sal ammoniac and nitre is, 
that we know of very few uses to which they 
might have been applied. But, though they may 
have had little inducement to manufacture them, 
even had they possessed the art, yet they could 
hardly have failed to observe them in a native state, 
since both these salts are found occurring thus in 
Southern Italy and elsewhere." 8 

SALA'RIUM, a Salary. The ancients derive the 
word from sal., i. c, salt ; 3 the most necessary 
thing to support human life being thus mentioned 
as a representative for all others. Salarium there- 
fore comprised all the provisions with which the 
Roman officers were supplied, as well as their pay 
in money. In the time of the Republic the name 
salarium does not appear to have been used ; it was 
Augustus who, in order to place the governors of 
provinces and other military officers in a greater 
state of dependance, gave salaries to them or cer- 
tain sums of money, to which afterward various 
supplies in kind were added.* Before the time of 
Augustus, t he provincial magistrates had been pro- 

I. (Vid. Biickh, Staatsh, i., p. 258.— Goller ad Thucyd., iii., 

33.— Schomann ad Isseum, p. 296.)— 2. (Adams, Append, i v. 

AfifiuivioKOi oXf. — Moore's Ancient Mineral., p. 96-98,-3. 

(Plin , II. N., xxxi., 41.)— 4. (Suet., Octav., 36.— Tacit., Ank*., 

42.— Treb. Poll.. Claud 14, 15.— Flav. Vopisc, Proh 4.) 

S P 



vided in their provinces with everything they wan 
ed, through the medium of redemptores (irapoxoi), 
who undertook, for a certain sum paid by the state, 
to provide the governors with all that was necessa 
ry to them. During the Empire we find instances 
of the salarium being paid to a person who had ob- 
tained a province, but was nevertheless not allowed 
to govern it. In this case the salarium was a com 
pensation for the honour and advantages which he 
might have derived from the actual government ot 
a province, whence we can scarcely infer that the 
sum of 10,000 sesterces, which was offered on such 
an occasion, 1 was the regular salarium for a pro- 
consul. 

Salaria were also given under the Empire to other 
officers, as to military tribunes, 2 to assessores (via. 
Assessor), to senators, 3 to the comites of the prin- 
ceps on his expeditions,* and others. Antoninus 
Pius fixed the salaries of all the rhetoricians and 
philosophers throughout the Empire ;* and when 
persons did not fulfil their duties, he punished them 
by deducting from their salaries. 6 Alexander Se- 
verus instituted fixed salaries for rhetoricians, gram- 
marians, physicians, haruspices, mathematicians, 
mechanicians, and architects ; 7 but to how much 
these salaries amounted we are not informed Re- 
specting the pay which certain classes of priests re- 
ceived, vid. Sacerdos. 

SA'LII were priests of Mars Gradivus, and ar6 
said to have been instituted by Numa. They were 
twelve in number, chosen from the patricians even 
in the latest times, and formed an ecclesiastical cor- 
poration 8 (lecta juventus patricia 9 ). They had the 
care of the twelve ancilia (vid. Ancile), which were 
kept in the Temple of Mars on the Palatine Hili 
whence these priests were sometimes called Salii 
Palatini, to distinguish them from the other salii 
mentioned below. The distinguishing dress of the 
salii was an embroidered tunic bound with a brazen 
belt, the trabea, and the apex, also worn by the fla- 
mines. (Vid. Apex.) Each had a sword by his side, 
and in his right hand a spear or staff. 10 

The festival of Mars was celebrated by the salit 
on the 1st of March and for several successive 
days, on which occasion they were accustomed to 
go through the city in their official dress, carrying 
the ancilia in their left hands or suspended from 
their shoulders, and at the same time singing and 
dancing, 11 whence Ovid, apparently with correctness, 
derives their name. 12 The songs or hymns which 
they sang on this occasion (saliaria carmina 13 ) were 
called asamenta, assamenta, or axamenta, of which 
the etymology is uncertain. Gottling** thinks they 
were so called because they were sung without any 
musical accompaniment, assa voce; but this etymol- 
ogy is opposed to the express statement of Dionys- 
ius. ls Some idea of the subject of these songs may 
be obtained from a passage in Virgil, 1 ' and a small 
fragment of them is preserved by Varro 17 In later 
times they were scarcely understood, even by the 
priests themselves. 18 The praises of Mamurius Ve- 
turius formed the principal subject of these songs, 
though who Mamurius Veturius was the ancients 
themselves were not agreed upon. 1J He is gener- 
ally said to be the armorer who made eleven an- 
cilia like the one that was sent from heaven (vid. 
Ancile 20 ), but some modern writers su ppose it to be 

1. (Dion Cass., lxviii., 22.)— 2. (Plin., H. N., xxiv., 6.— Juv., 
iii., 132.)— 3. (Suet., Nero, 10.)— 4. (Suet., Tib., 46.)— 5. (Capi- 
tol., Ant. Pius, 11.)— 6. (Id. ib., 7.)— 7. (Lamprid., Alex. Sev., 
44.)— 8. (Liv., i., 20.— Dionys., ii., 70.— Cic, Rep., ii., 14.)— 9. 
(Lucan, ix., 478.)— 10. (Dionys., 1. c.)— 11. (Liv., 1. c— Dionys., 
1. c— Hor., Carm., i., 36, 12 ; iv., 1, 28.)— 12. (Fast., iii., 387.) 
—13. (Hor., Epist., ii., 1,86.— Tacit.., Ann., ii., 83.)— 14. (Gesch. 
der Rom. Staatsverf., p. 192.)- -15. (iii., 32.)— 16. (^n., viii., 
286.)— 17. (Ling Lat., vii., 26, ed. Muller.)--18. (Tano, Ling 
Lat., vii., 2.— Hor., Epist., ii., 1, 86.— Quint. ., 6, p. 54, fiipi- 
19. (Varro, Ling. Lat., vi., 45.)— 20. (Festur s v. Mam Vet - 
Dionvs., ii . 71 - 1-»H Fust , jij.. 384 ! 

<H9 



SALINE. 



S ALT ATI O. 



merely another name of Mars. Besides, however, 
the praises of Mamurius, the verses which the salii 
sang appear to have contained a kind of theogony, 
in which the praises of all the celestial deities were 
celebrated, with the exception of Venus. 1 The 
verses in honour of each god were called by the 
respective r.ames of each, as Januli, Junonii, Mi- 
nervii. 2 Divine honour was paid to seme of the 
emperors by inserting their names in the songs of 
the salii. This honour was first bestowed upon 
Augustus, 3 and afterward upon Germanicus ; 4 and 
when Verus died, his name was inserted in the 
song of the salii by command of M. Antoninus. 5 

At the conclusion of the festival, the salii were 
accustomed to partake of a splendid entertainment 
in the Temple of Mars, which was proverbial for 
its excellence. 6 The members of the collegium 
were elected by co-optation. We read of the dig- 
nities of praesul, vates, and magister in the colle- 
gium. 7 

Tullus Hostilius established another collegium of 
salii in fulfilment of a vow which he made in a war 
with the Sabines. These salii were also twelve in 
number, chosen from the patricians, and appear to 
have been dedicated to the service of Quirinus. 
They were called the Salii Collini, Agonales or 
Agonenses. 8 Niebuhr 9 supposes that the oldest 
and most illustrious college, the Palatine Salii, were 
chosen originally from the oldest tribe, the Ramnes, 
and the one instituted by Tullus Hostilius, or the 
Quirinalian, from the Tities alone : a third college 
for the Luceres was never established. 10 

SALI'NiE (dial, dtomjyiov), a Saltwork. 11 Al- 
though the ancients were well acquainted with 
:rock salt 12 (ukeg bpvKToi, i. e., fossil salt" 13 ), and al- 
though they obtained salt likewise from certain in- 
and lakes, 14 and from natural springs or brine pits, 15 
iid found no small quantity on certain shores, where 
t was congealed by the heat of the sun without hu- 
man labour (alec avrojuaTot 16 ), yet they obtained by 
&r the greatest quantity by the management of 
works constructed on the seashore, where it was 
naturally adapted for the purpose by being so low 
and flat as to be easily overflowed by the sea (mariti- 
me area salinarum 17 ), or even to be a brackish marsh 
(uXvk'c) or a marine pool (hi/ivoddhaTTa 16 ). In order 
to aid the natural evaporation, shallow rectangular 
ponds (multifidi lacus) were dug, divided from one 
another by earthen walls. The seawater was ad- 
mitted through canals, which were opened for the 
purpose, and closed again by sluices. (Vid. Cata- 
kacta.) The water was more and more strongly 
impregnated with salt as it flowed from one pond to 
another. 19 When reduced to brine (coacto humore), 
it was called by the Greeks dh/un, by the Latins 
salsugo or salsilago, and by the Spaniards muria. i0 
In this state it was used by the Egyptians to pickle 
fish, 21 and by the Romans to preserve olives, cheese, 
and flesh likewise. 22 From muria, which seems to 
be a corruption of dtyvpoq, " briny," the victuals cu- 
red in it were called salsa muriatica.* 3 As the brine 
which was left in the ponds crystallized, a man in- 
trusted with the care of them, and therefore called 
salinator (dXoTrnyog), raked out the salt, so that it lay 

1. (Macrob., Sat., i., 12.) — 2. (Festus, s. v. Axamenta.) — 3. 
;Monum. Ancyr.) — 4. (Tacit., Ann., ii., 83.) — 5. (Capitol., M. 
Act Phil., 21.) —6. (Suet., Claud., 33. — Cic. ad Att, v., 9. — 
Hor., Cairn., i., 37.)— 7. (Capitol., ib., 4.)— 8. (Liv., i., 27.— Di- 
onys., ii., 70 ; iii., 32. — Varro, Ling. Lat., vi., 14.) — 9. (Rom. 
Gesch., iii., p. 410.) — 10. (Compare Hartung, Die Religion der 
Romer, ii., p. 163, &c.) — 11. (Varro, Ling. Lat., viii.. 25, ed. 
Spengel- )— 12. (Herod., iv., 181-165.)— 13. (Arrian, Exp. Alex., 
iii., 4, p. 161, 162, ed. Blanc.)— 14. (Herod., vii., 30.)— 15. (Cic, 
.Nat. Deor., ii., 53.— Plin., H. N., xxxi., 7, s. 39-42.)— 16. (He- 
iod., iv., 53.— Plin., 1. c.) — 17. (Col., De Re Rust., ii., 2.)— 18. 
(Strabo, iv., 1, t) 6 ; vii., 4, t) 7.— Cass., Bell. Civ., ii., 37.)— 19. 
(ilutilii, Itin., i., 475-490.)— 20. (PMn., 1. c.) — 21. (Herod., ii., 
77.)— 22. (Cato, De Re Rust., 7, 88 105— Hor., Sat., ii., 8, 53.) 
-r-33 (Plaut., Poen., I., ii., 32, 39 ) 
850 



in heaps (tumuli) upon the ground to drain. 1 in 
Attica, 2 in Britain, 3 and elsewhere, several places, 
in consequence of the works established in them, 
obtained the name of'AXal or Salina. 

Throughout the Roman Empire, the saltworks, 
having been first established by the early kings of 
Rome, were commonly public property, and were 
let by the government to the highest bidder. The 
publicans who farmed them, and often maintained 
upon them a great number of servants, 4 were called 
mancipes salinarum. (Vid. Manceps.) Malefactors 
of both sexes were employed in them, as they were 
in the mines. 5 

SALFNUM, dim. SALILLUM, a Saltcellar. 
Among the poor, a shell served for a saltcellar; 6 
but all who were raised above poverty had one of 
silver, which descended from father to son, 7 and 
was accompanied by a silver plate, which was used, 
together with the saltcellar, in the domestic sacri- 
fices. 8 (Vid. Patera.) These two articles of silver 
were alone compatible with the simplicity of Roman 
manners in the early times of the Republic. 9 The 
saltcellar was no doubt placed in the middle of the 
table, to which it communicated a sacred charac- 
ter, the meal partaking of the nature of a sacrifice. 10 
(Vid. Focus, Mensa.) These circumstances, to 
gether with the religious reverence paid to salt, and 
the habitual comparison of it to wit and vivacity, 
explain the metaphor by which the soul of a man is 
called his salillum. 11 

*SALPE (adlnij), the Stockfish, or Sparus Salpa , 
in French, la Saupe; in Italian, Sarpa. 1 * 

♦SALPINX (odlTuyZ), a bird whose note resem 
bled the sound of a trumpet (cdliuyZ, " a trumpet"). 
Hesychius and Photius identify it with the rpox^og, 
or golden-crested wren, "the notes of which," says 
Adams, " are certainly piping, but cannot well be 
compared to the sound of a trumpet !" 13 

*II. A kind of shellfish, called also crpo/x^og. 

SALTA'TIO (opxnaic, bpxncHq), Dancing. The 
dancing of the Greeks, as well as of the Romans, 
had very little in common with the exercise which 
goes by that name in modern times. It may be di- 
vided into two kinds, gymnastic and mimetic ; that 
is, it was intended either to represent bodily activi- 
ty, or to express by gestures, movements, and atti- 
tudes, certain ideas or feelings, and also single 
events or a series of events, as in the modern bal- 
let. All these movements, however, were accom- 
panied by music ; but the terms op^nctg and saltatio 
were used in so much wider a sense than our word 
dancing, that they were applied to designate ges- 
tures even when the body did not move at all 14 
(saltare solis oculis 15 ). 

We find dancing prevalent among the Greeks 
from the earliest times. It is frequently mentioned 
in the Homeric poems : the suiters of Penelope de- 
light themselves with music and dancing ; 16 and 
Ulysses is entertained at the court of Alcinous with 
the exhibitions of very skilful dancers, the rapid 
movements of whose feet excite his admiration. 17 
Skilful dancers were at all times highly prized by 
the Greeks : we read of some who were presented 
with golden crowns, and had statuea erected to 
their honour, and their memory celebrated by in- 
scriptions. 18 

1. (Manilius, v., prope fin. — Nicander, Alex., 518, 519.) — 2 
(Steph. Byz.)— 3. (Ptol.)— 4. (Cic, Pro Lege Man., 6.)— 5. (Bu 
lenger, De Trib. et Vect., xxi.)— 6. (Hor., Sat., i., 3, 14.— Schol. 
ad loc.)— 7. (Hot., Carm., ii.. 16, 13, 14.)— 8. (Pers., iii., 24, 35.) 
—9. (Plin., H. N., xxxiii., 12, s. 54.— Val. Max., iv., 4, 3.— Ca 
tull., xxiii., 19.) — 10. (Arnob. adv. Gent., ii., p. 91, ed. Maire, 
L. Bat., 1651.)— 11. (Plaut., Trin., ii., 4, 90, 91.)— 12. (Aristot., 
H. A., iv., 8.— .Elian, N. A., ix., 7.) — 13 (^Elian, N. A., vi., 
19. — Hesych — Phot. Lex. — Aristoph., Av., 569. — Adams, Ap- 
pend., s. v.)— 14. (Ovid, Art. Am., i., 595 ; ii., 305.)— 15. (Apul., 
Met., x., p. 251, ed. Bip.)— 16. (Od., i., 152, 421 ; xviii., 304 )— 
J7. (Od., viii., 265.) — 18. (Plut., De Pyth. One, 8. — Anthol 
Plan., iv., n. 283, &c ) 



SALTATIO 



SALTATIO 



The lively imagination and mimetic powers of the 
Greeks found abundant subjects for various kinds 
of dances, and, accordingly, the names of no less 
than 200 different dances have come down to us. 1 
It would be inconsistent with the nature of this 
work to give a description of all that are known : 
only the most important can be mentioned, and 
such as will give some idea of the dancing of the 
ancients. 

Dancing was originally closely connected with 
religion : Plato 2 thought that all dancing should be 
based on religion, as it was, he says, among the 
Egyptians. It has been shown under Chorus, that 
the chorus in the oldest times consisted of the whole 
population of a city, who met in a public place to 
offer up thanksgivings to the god of their country 
by singing hymns and performing dances. These 
dances, which, like all others, were accompanied by 
music, were therefore of a strictly religious nature ; 
and in all the public festivals, which were so nu- 
merous among the Greeks, dancing formed a very 
prominent part. We find, from the earliest times, 
that the worship of Apollo was connected with a 
religious dance called Hyporchema. All the reli- 
gious dances, with the exception of the Bacchic and 
the Corybantian, were very simple, and consisted 
of gentle movements of the body, with various turn- 
ings and windings around the altar : such a dance 
was the yipavog, which Theseus is said to have per- 
formed at Delos on his return from Crete. 3 The 
Dionysiac or Bacchic and the Corybantian were of 
a very different nature. In the former, the life and 
adventures of the god were represented by mimetic 
dancing (vid. Dionysia): the dance called Ba/c^t/c?? 
by Lucian* w T as a satyric dance, and chiefly pre- 
vailed in Ionia and Pontus ; the most illustrious 
men in the state danced in it, representing Titans, 
Corybantians, satyrs, and husbandmen, and the 
spectators were so delighted with the exhibition 
that they remained sitting the whole day to witness 
it, forgetful of everything else. The Corybantian 
was of a very w T ild character : it was chiefly danced 
in Phrygia and in Crete : the dancers were armed, 
struck their swords against their shields, and dis- 
played the most extravagant fury; it was accom- 
panied chiefly by the flute. 5 The following wood- 
cut, from the Museo Pio-Clementino, 6 is supposed to 
represent a Corybantian dance. Respecting the 
dances in the theatre, vid. Chorus. 




Dancing was applied to gymnastic purposes and 
to training for war, especially in the Doric states, 
and was believed to have contributed very much to 
the success of the Dorians in war, as it enabled 
them to perform their evolutions simultaneously and 
mi order. Hence the poet Socrates 7 says, 

oi 6e x°P°~S naXkiGTa deovg tl/iCxtlv, upiaroc 

There were various dances in early times which 
served as a preparation for war; hence Homer 8 
calls the hopiitae TrpvXiec, a war-dance having been 
called ■Kpv'kiq by the Cretans. 9 Of such dances, the 
mog; celebrated was the Pyrrhic (7 Uvpp'ixv), of 

1. (Meursius, Orchest. — Athen., xiv., p. 627-630. — Pollux, 
Onom , iv. 95-111.— Liban., inru . wv tf) X -)— 2. (Leg., vii., 798, 
799.)— 3. (Plut., Thes., 21.)— 4. (l)e Salt , 79.)— 5. (Lucian, ib., 
8.— Strabo, x., p. 473.— Pla> , Cnt , p 54 ;— 6. (vol. iv., pi. 9.)— 
7. (Athen., xiv.. x>. 629,/.)— 8. (11., xi., 49 ; xh., 77.)— 9. (Mill- 
ar, Dor. iii., 12, t> 1Q 



which the npvTiig was probably only another name 
this Plato 1 takes as the representative of all war 
dances. The invention of this dance is placed in 
the mythical age, and is usually assigned to one 
Pyrrhicos ; but most of the accounts agree in assign 
ing it a Cretan or Spartan origin, though others re- 
fer it to Pyrrhus or Neoptolemus, the son of A* hil- 
les, apparently misled by the name, for it was un- 
doubtedly of Doric origin. 2 It was danced to the 
sound of the flute, and its time was very quick and 
light, as is shown by the name of the Pyrrhic foot 
("), which must be connected with this dance : and 
from the same source came also the Proceleusmatic 
( ), or challenging foot. 3 The Pyrrhic dance was 
performed in different ways at various times and in 
various countries, for it was by no means confined 
to the Doric states. Plato* describes it as repre- 
senting, by rapid movements of the body, the way in 
in which missiles and blows from weapons were 
avoided, and also the mode in which the enemy 
were attacked. In the non-Doric states it was 
probably not practised as a training for war, but 
only as a mimetic dance : thus we read of its being 
danced by women to entertain a company. 5 It was 
also performed at Athens at the greater and lesser 
Panathenaea by Ephebi, who were called Pyrrhich- 
ists (Tlvp'p'LxioTai), and were trained at the expense 
of the choragus. 6 In the mountainous parts of Thes- 
saly and Macedon, dances are performed at the pres- 
ent day by men armed with muskets and swords. 7 
The following woodcut, taken from Sir W. Ham- 
ilton's vases, 8 represents three Pyrrhichists, two of 
whom, with sword and shield, are engaged in the 
dance, while the third is standing with a sword. 
Above them is a female balancing herself on the 
head of one, and apparently in the act of perform- 
ing a somerset ; she, no doubt, is taking part in the 
dance, and performing a very artistic kind of kv6lo- 
ttjgic or tumbling, for the Greek performances of 
this kind surpass anything we can imagine in mod- 
ern times. Her danger is increased by the person 
below, who holds a sword pointing towards her. A 
female spectator, sitting, looks on astonished at the 
exhibition. 



^r- 




The Pyrrhic dance was introduced in the public 
games at Rome by Julius Caesar, when it was 
danced by the children of the leading men in Asia 
and Bithynia. 9 It seems to have been much liked 
by the Romans ; it was exhibited both by Caligula 
and Nero, 10 and also frequently by Hadrian. 11 Athe- 
naeus 12 says that the Pyrrhic dance was still prac- 
tised in his time (the third century A.D.) at Sparta, 

1. (Leg., vii., p. 815.)— 2. (Athen., xiv., p. 630, c — Strabo, 
x., p. 466.— Plat., Leg., p. 796.— Lucian, ib., 9.)— 3. (Miillcr, 
Hist. Greek Lit., i., p. 161.)— 4. (Leg., vii., p. 815.)— 5. (Xen., 
Anab., vi., 1, t> 12.)— 6. (Schol. ad Aristoph., Nub., 988.— Lysias, 
a7roA. Sapodoic., p. 693, ed. Reiske.)— 7. (Dodwell, Tour through 
Greece, ii., p. 21, 22.)— 8. (ed. Tischbein, vol. i., pi. 60.)— 9 
(Suet., Jul., 39.)— 10. (Dion Cass., lx., 7.— Suet., Nero, 18.)-. 
11. (Spart., Hadr., 19.)— 12. (xiv., p. 631, a.) 

851 



SALTATIO 



SAMBUCA. 



where it was danced by boys from the age of fifteen, 
but that in other places it had become a species of 
Dionysiac dance, in which the history of Dionysus 
was represented, and where the dancers, instead of 
arms carried the thyrsus and torches. 

Another important gymnastic dance was perform- 
ed at the festival of yv/ivoTrcudia at Sparta, in com- 
memoration of the battle at Thyrea, where the chief 
object, according to Muller, 1 was to represent gym- 
nastic exercises and dancing in intimate union : re- 
specting the dance at this festival, see Gymnopaidia. 

There were other dances besides the Pyrrhic in 
which the performers had arms, but these seem to 
have been entirely mimetic, and not practised with 
any view to training for war. Such was the Kap- 
iraia, peculiar to the ^Snianians and Magnetes, 
which was performed by two armed men in the fol- 
lowing manner : one lays down his arms, sows the 
ground, and ploughs with a yoke of oxen, frequently 
looking around as if afraid ; then comes a robber, 
whom as soon as the other sees, he snatches up his 
arms, and fights with him for the oxen. All these 
movements are rhythmical, accompanied by the flute. 
At last the robber binds the man and drives away 
the oxen, but sometimes the husbandman conquers. 2 
Similar dances by persons with arms are mentioned 
by Xenophon on the same occasion. These dances 
were frequently performed at banquets for the en- 
tertainment of the guests, 3 where also the KvBiGTrjpec 
were often introduced, who in the course of their 
dance flung themselves on their head and alighted 
again upon their feet. See Cubisteres, where the 
remarks which are made respecting the kvSkjtuv elg 
uaxaipag are well illustrated by the following wood- 
cut from the Museo Borbonico, vol. vii., tav. 58. 
We learn from Tacitus* that the German youths 
also used to dance among swords and spears point- 
ed at them. 




Other kinds of dances were frequently performed 
at entertainments, in Rome as well as in Greece, by 
courtesans, many of which were of a very indecent 
and lascivious nature. 5 The dancers seem to have 
frequently represented Bacchanals : many such dan- 
cers occur in the paintings found at Herculaneum 
and Pompeii, in a variety of graceful attitudes. 6 

Among the dances performed without arms, one 
of the most important was the opfiog, which was 
danced at Sparta by youths and maidens together ; 
the youth danced first some movements suited to 
his age, and of a military nature ; the maiden fol- 
lowed in measured steps and with feminine gestures. 
Lucian 7 says that it was similar to the dance per- 
formed at the Gymnopaedia. 8 Another common 
dance at Sparta was the Bibasis, which is described 
in a separate article. 

1. (Dor., iv., 6, § 8.)— 2. (Xen., Anab., vi., 1, t> 7, 8.— Athen., 
i., p. 15,/., 16, a. — Maxim. Tyr., Diss., xxviii., 4.) — 3. (Athen., 
iv., p. 155, b.)— 4. (Germ., 24.) — 5. (Macrob., Sat., ii., 10.— 
Plant., Stich., v., 2, 11.) — 6. (Vid. Museo Borb., vol. vii., tav. 
34-40 , vol. ix., tav. 17 ; vol. x. t tav. 5, 6, 54.)— 7. (De Salt.. 12.) 
—8. (Compare Muller, Dor., iv., 6, v 5.) 
852 



In many of the Greek states, the art of dancing 
was carried to great perfection by females, who 
were frequently engaged to add to the pleasures 
and enjoyment of men at their symposia. These 
dancers always belonged to the hetaeree. Xeno- 
phon 1 describes a mimetic dance which was repre- 
sented at a symposium where Socrates was pres- 
ent. It was performed by a maiden and a youth 
belonging to a Syracusan, who is called the bpurja- 
TodiddcwaXoc, and represented the loves of Dionysus 
and Ariadne. 

Respecting the dancers on the tight-rope, see Fu- 

NAMBULUS. 

Dancing was common among the Romans in an- 
cient times in connexion with religious festivals and 
rites, and was practised, according to Servius, 2 be- 
cause the ancients thought that no part of the body 
should be free from the influence of religion. The 
dances of the salii, which were performed by men of 
patrician families, are described elsewhere. (Vid. 
Ancile.) Dionysius 3 mentions a dance with arms 
at the Ludi Magni, which, according to his usual 
plan of referring all old Roman usages to a Greek 
origin, he calls the Pyrrhic. There was another 
old Roman dance of a military nature, called Belli- 
crepa Saltatio, which is said to have been instituted 
by Romulus after he had carried off the Sabine vir- 
gins, in order that a like misfortune might not befall 
his state.* Dancing, however, was not performed 
by any Roman citizens except in connexion with re- 
ligion ; and it is only in reference to such dancing 
that we are to understand the statements, that the 
ancient Romans did not consider dancing disgrace- 
ful, and that not only freemen, but the sons of sen- 
ators and noble matrons, practised it. 5 In the latei 
times of the Republic we know that it was consid- 
ered highly disgraceful for a freeman to dance . Ci- 
cero reproaches Cato for calling Murena a dancei 
(saltator), and adds "nemo fere saltat sobrius, nisi 
forte insanity 6 

The mimetic dances of the Romans, which were 
carried to such perfection under the Empire, are de- 
scribed under Pantomimus. 7 

SALVIA'NUM INTERDICTUM. (Vid. Inter- 
dictum, p. 543.) 

SALUTATO'RES was the name given in the la- 
ter times of the Republic and under the Empire to a 
class of men who obtained their living by visiting 
the houses of the wealthy early in the morning to 
pay their respects to them (salutare), and to accom- 
pany them when they went abroad. This arose 
from the visits which the clients were accustomed 
to pay to their patrons, and degenerated in later 
times into the above-mentioned practice ; and such 
persons seem to have obtained a good living among 
the great number of wealthy and vain persons at 
Rome, who were gratified by this attention. 8 ( Vid. 
Sportula.) 

SAMBUCA (o-a/udvicn or oaSvuri*), a Harp. 

The preceding Latin and Greek names are witn 
good reason represented by Bochart, Vossius, and 

other critics to be the same with the Hebrew *0?? 
(sabeca), which occurs in Daniel. 10 The perform- 
ances of sambucistrice (Gafi6vKcarpiat) were only 
known to the early Romans as luxuries brought 
over from Asia. 11 The Athenians considered them 
as an exotic refinement ; 12 and the Rhodian woraer. 
who played on the harp at the marriage-feast of 



1. (Symp., ix., 2, 7.) — 2. (ad Virg., Eel, v., 73.) — 3. (vii., 
72.)— 4. (Fest., s. v.)— 5. (Quint., Inst. Orat., i., 11, $ 18.— Ma- 
crob., Sat., ii., 10.) — 6. (Pro Muren., 6. — Compare in Pis., 10 ) 
— 7. (Meursius, Orchestra.— Burette, De la Danse des Anciens 
— Krause, Gymnastik und Agon, der Hell., p. 807, &c.) — 8 
(Mercenarius Salutator, Colum., Praef., i. — Mart., x., 74. — Bec- 
ker, Gallus, i., p. 146.) —9. (Arcad., De Accent., p 107.) — ljO 
(iii., 5, 7, 10.) — 11. (Plaut., Stich., ii., 3, 57— Liv., xxxir , 6.) 
—12. (Philemon, p. 370, ed. Meineke.) 






SAMBUCA. 



SANDARACHA. 



Caranus in Macedonia, clothed in very thin tunics, 
were introduced with a view to give to the enter- 
tainment the highest degree of splendour. Some 
Greek authors expressly attrihuted the invention of 
this instrument to the Syrians or Phoenicians. 1 
The opinion of those who ascribed it to the lyric 
poet Ibycus can only authorize the conclusion that 
he had the merit of inventing some modification of 
»t, the instrument, as improved by him, being called 
'Wvkivov* Strabo, moreover, represents oafi6vK7} as 
a " barbarous" name. 3 

The sambuca is several times mentioned in con- 
junction with the small triangular harp (rpiyovov), 
which it resembled in the principles of its construc- 
tion, though it was much larger and more compli- 
cated. The triga?ium, a representation of which 
from the Museum at Naples is given in the annexed 
woodcut, was held like the lyre in the hands of the 




parformer, 4 whereas the harp was sometimes con- 
siderably higher than the stature of the performer, 
and was placed upon the ground. The harp of the 
Parthians and Troglodytse had only four strings. 5 
Those which are painted on the walls of Egyptian 
tombs (see Denon, Wilkinson, &c.) have from four 
to thirty-eight. One of them, taken from Bruce's 
Travels, is here introduced. From the allusions to 
this instrument in Vitruvius, 6 we find that the long- 
est string was called the " proslambanomenos," the 
next " hypate," the shortest but one " paranete," 
and the shortest, which had, consequently, the high- 
est tone, was called " nete." (Vid. Music, p. 646.) 
Under the Roman emperors the harp appears to 
have come into more general use, 7 and was played 
by men (Ga/iSvutorai) as well as women. 8 

Sambuca was also the name of a military engine, 
used to scale the walls and towers of besieged cit- 
ies. It was called by this name on account of its 
general resemblance to the form of the harp. Ac- 
cordingly, we may conceive an idea of its construe^ 
tion by turning to the woodcut, and supposing a 
mast or upright pole to be elevated in the place of 
the longest strings, and to have at its summit an 
apparatus of pulleys, from which ropes proceed in 
the direction of the top of the harp. We must sup- 
pose a strong ladder, 4 feet wide, and guarded at 
the sides with palisades, to occupy the place of the 
sounding-board, and to be capable of being lowered 
or raised at pleasure by means of the ropes and pul- 
leys. • At the siege of Syracuse Marcellus had en- 
gines of this description fixed upon vessels, which 
the rowers moved up to the walls so that the sol- 
diers might enter the city by ascending the ladders. 9 

1. (Athen., iv., 175, <i.)-2. (Athen., 1. c— Suidas, s. v. 'Igy- 
<tv»v, 'I6uk<5j, "ZatiSiiKai ) — 3. (x., 3,^ 17.)— 4. (Spon, Misc. 
Erud. Ant., p. 21.) — 5. (Athen., xiv., 633,/.) — 6. (vi., 1.)— 7. 
(Pers., v., 95.— Spart., Hadr., 26.)-8. (Athen., iv., 182, c.)— 9. 
(Polvb., viii., 5.— Plut., Marc, p. 558, ed. Steph.— Athen., xiv., 
634, b.— Onosandr., Strat.. 42.— Vitruv., x., 16, t) 9.— Festus, a. 
» Sambuca.— Athen . De Mach. ap. Math. Vet., p. 7 ) 



When an inland city was beleaguered, the sambuca 
was mounted upon wheels. 1 

*SAMIA TERRA (Zapta >?}). " The Samian 
Earth," says Sir John Hill, " was a dense, ponder- 
ous, unctuous clay, of a sub-astringent taste, and 
either white or ash-coloured. It was dug in the 
island of Samos, whence it had its name, and never 
was found in any other place that we know of." It 
consisted principally of alumine, according to Ad- 
ams. The aarrip was merely a dense variety of it. 
"The Samian earth," observes Dr. Moore, "was 
obtained from a vein of considerable extent, but 
only two feet in height between the rocks which 
formed its roof and floor, so that one could not 
stand erect while digging it, but was obliged to lie 
upon his back or side. This vein contained four 
different qualities of earth, which became better in 
proportion as it was obtained from nearer the centre 
of the vein. The outer and inferior kind, called as- 
ter (dorj7p), was chiefly or solely employed for cleans- 
ing garments." 2 

♦SAMIUS LAPIS (Idficoc XWog). According to 
Gesnor and De Laet, the Samian Stone belonged 
to the same class of substances as the Samian 
earth, from which it differed only in hardness. 3 

SAMNFTES (Vid. Gladiatores, p. 477.) 

*SAMPS / YCHON (ad/njjvxov), a species of plant, 
the Origanum marjorana, or Marjoram. It was 
Sampsychon in Egypt, Cyprus, and Syria, and Amar- 
acus in other places, such as Cyzicus, &c.* 

SANDA'LIUM (aavbakiov or advdaXov), a kind 
of shoe worn only by women. In the Homeric 
age, however, it was not confined to either sex, and 
consisted of a wooden sole fastened to the foot with 
thongs. 5 In later times, the sandalium must be dis- 
tinguished from the vnodrjjia, which was a simple sole 
bound under the foot, 6 whereas the sandalium, also 
called (3AavTia or fiXavrij, was a sole with a piece 
of leather covering the toes, so that it formed the 
transition from the vnodrma to real shoes. The piece 
of leather over the toes was called tjvyoc or Cvyov. 1 
The oav&akia u£vya in Strabo 8 are, however, not 
sandalia without the (vyov, but, as Becker 9 justly re- 
marks, sandalia which did not belong to one anoth 
er, or did not form a pair, and one of which was lar- 
ger or higher than the other. The (vyov was fre- 
quently adorned with costly embroidery and gold, 10 
and appears to have been one of the most luxurious 
articles of female dress. 11 This small cover of the 
toes, however, was not sufficient to fasten the san- 
dalium to the foot, wherefore thongs, likewise beau- 
tifully adorned, were attached to it. 12 Although 
sandalia, as we have stated, were in Greece, and 
subsequently at Rome also, worn by women only, 
yet there are traces that, at least in the East, they 
were also worn by men. 13 

The Roman ladies, to whom this ornament of the 
foot was introduced from Greece, wore sandalia 
which appear to have been no less beautiful and 
costly than those worn by the Greeks and the Ori- 
ental nations. 1 * 

SANDAPILA. (Vid. Funus, p. 459.) 

■"SANDAR'ACHA (oavdapaxv), a red pigment, 
called now Realgar, or red sulphuret of arsenic. 
According to the analysis of Thenard, it consists of 



1. (Veget., iv., 21.— Bito ap. Math. Vet., p. 110, 111.)— 2. (Di- 
oscor., v., 171. — Hill ad Theophr., De Lapid., c. 108.— Moore's 
Anc. Mineral., p. 76.) — 3. (Dioscor., v., 172. — Adams, Append., 
s. v.) — 4. (Dioscor., iii., 41. — Geopon., xi., 27. — Adams, Append., 
s. v.) — 5. (Horn., Hymn, in Merc, 79, 83, 139.) — 6. (Pollux, 
Onom., viii., 84, with Kiihn's emendation.) — 7. (Aristoph., Ly- 
sistr», 390, with the schol. — Hesych., <s. v. Zuyd?. — Pollux, Onom. 
vii., 81.— Phot., Lex., p. 54, ed. Dobr.)— 8. (vi., l,p. 13, Tauchn.j 
—9. (Charikles, ii., 367, &c)— 10. (Cephisod. ap. Poll., Onom.. 
vii., 87.— Clem. Alex., P<edagog., ii., 11.)— 11. (^Elian, V. H, i.' 
18.)— 12. (Pollux, Onom., vii., 92.)— 13. (Herod., ii., 91.— Sti 
Mark, vi., 9.) —14. (Tarpilius ap. Non , v. 24. — Tereat., Eu- 
nuch., v., 7, 4.) 

853 



SAKDA. 



SATURA 



75 j^-arts ol arsenic and 25 of sulphur. It was free- 
ly used by the ancient physicians as a caustic and 
stimulant.' " An adulterate kind of sandaracha," 
says Di. Moore, " was made, according to Pliny, of 
calcined white lead ; that is, the red lead he had 
just* before described under the name of usta was 
substituted for realgar. But Vitruvius prefers to 
the native sandaracha this substitute, which he des- 
ignates by no other name, simply saying that ce- 
russa is by the heat of a furnace converted into 
sandaracha. Strabo speaks of a mine of sandar- 
acha at Pompeiopolis, in Paphlagonia, in which, be- 
cause of the dangerous exhalations from the miner- 
al, none others were employed but slaves who had 
been sold on account of crime " l 

*SANDIX (o&vditj), a red or scarlet paint, formed 
of the mixture of sandaracha with rubrica in equal 
proportions. Servius, in his commentary on Virgil, 
erroneously takes it for an herb yielding a dye ; and 
La Cerda, falling into a similar mistake, says that 
sandix is both an herb and a colour. 2 

♦SANT'ALON (cdvralov), the Sandal-tree and 
its wood. Arrian is supposed to refer to this kind 
of wood under tfie name of cayakiva ijvlia, where 
probably we ought to reau aavddkiva or cavrd?uva, 
or else crardliva. 3 

*SAPPHPRUS (odirfyeipog), the Sapphire. " The 
sapphire of the ancients," says Dr. Moore, " de- 
scribed by Theophrastus as sprinkled with gold 
(XpvGLTraoroc), and in which Pliny says gold spar- 
Kles (scintillat), is agreed by all to have been our 
lapis-lazuli. The name is Hebrew, and occurs 
repeatedly in the Old Testament, applied to the 
same substance. What the ancients took for gold 
was the iron pyrites often disseminated in this min- 
eral, and forming a feature in its external character 
upon which, under their mistake, they were inclined 
to lay much stress. It is evident, however, that 
other minerals besides lapis-lazuli were included un- 
der the name sapphire. Pliny speaks of purple 
sapphires, of which the best, he says, are the Me- 
dian." 4 

SARCOPHAGUS. (Jid. Fcwus, p. 460.) 

SA'RCULUM, a sarriendo 5 (a7ca/Uf, aKakiarript' 
ov), a Hoe, chiefly used in weeding gardens, corn- 
fields, and vineyards. 6 It was also sometimes used 
to cover the seed when sown, 7 and in mountainous 
countries it served instead of a plough. 8 Direc- 
tions for using it to clear the surface of the ground 
[oKaMeiv, 9 cxa/ieveiv 10 ) are given by Palladius. 11 

*SARDA or SARDUS (odpdoc), the Carnelian. 
Pliny says it was found first at Sardes, intending 
probably by this to suggest the origin of the name. 
Others, however, derive the term from the island 
of Sardinia, where, according to Kircher, very good 
ones are obtained. Epiphanius says it received its 
name from some resemblance which it bore to the 
fish called sardine (aapdiu Ixdvi rtrapix^v^iviS). 
" The carnelian," says Sir John Hill, " is one of 
the semipellucid gems, and has its name Carneolus, 
Carniolus, or, as it is sometimes improperly written, 
Corniolus, from its colour, which resembles flesh 
(caro, carnis) with more or less of the blood in it." 
The best carnelians had been obtained from near 
Babylon, in working certain stone quarries, where it 
was found enveloped in the rock ; but that locality, 
Pliny says, had failed. It was, however, a common 
gem, and occurred in many other places. " The car- 



1. (Dioscor., v., 121. — Adams, Append., s. v. — Moore's Anc. 
Mineral., p. 57, 58.)— 2. (Plin., H. N., xxxv., 23.— Moore's Anc. 
Mineral., p. 57.)— 3. (Billerbeck, Flora Classica, p. 179.) —4. 
(Theophr., De Lapid., c. 43.— Moore's Anc. Mineral., p. 166.)— 5. 
(\arro, De Ling. Lat., v., 31.)— 6. (Hor.,Carm., i.,1, 11.— Ovid, 
Met., xi., 36.— Fast., i., 699 ; iv., 930.— Plaut., True, ii., 2, 21. 
— Cato, De Re Rust., 10.— Colum., x., 21.— Pallad., i., 43.)— 7. 
(Colum.,ii.,ll.)— 8. (Plin., H. N., xviii., 19, s.49.)— 9. (Herod., 
j| #) 14.) — 10. (Schol. in Theocnt., x., 14. )— 11. (De Re Rust., 
»i., 9.) 

854 



nelian,"says A.dams, "consists mostly of silex; bnl v 
according to Briickmann, the ancients used the 
name in a generic sense, comprehending under it 
all the finer species of hornstones or agates. The 
red were called carnelians, the white onyxes ; and 
those compounded of both, sardonyxes." 1 

*SARD'ONYX (capdowZ), the Sardonyx, a pre- 
cious stone. This variety, according to Cleaveland, 
differs from the carnelian (vid. Sarda) in its colour 
only, which is reddish yellow, or nearly orange, 
sometimes with a tinge of brown. " The sardon- 
yx," says Dr. Moore, "mentioned by Pliny next- 
after opal, as holding the next rank, was evidently 
the same stone with that now so called. But under 
the same denomination seem to have been compre- 
hended other varieties of chalcedony, and especial- 
ly that species of carnelian which Werner calls 
Sardonyx, whose colours are in alternate bands of 
red and white, and, when the stone is cut in certain 
directions, resemble the flesh seen through the fin- 
ger nail. The first Roman who sealed with a sar- 
donyx was the elder Scipio Africanus, from whose 
time this sort of gem was much used for that pur- 
pose, it being almost the only one which left a fair 
impression, and brought away with it no portion of 
the wax. This gem was most approved when it 
exhibited distinct colours and bands well defined. 
The localities mentioned by Pliny are India, Arabia, 
and Armenia." 2 

SARISSA. (Vid. Hasta, p. 489.) 

SARRA'CUM, a kind of common cart or wagon, 
which was used by the country-people of Italy for 
conveying the produce of their fields, trees, and the 
like from one place to another. 3 Its name, as well 
as the fact that it was used by several barbarous 
nations, show that it was introduced from them 
into Italy.* That persons also sometimes rode in a 
sarracum, is clear from a passage of Cicero quoted by 
Quinctilian, 5 who even regards the word sarracum 
as low and vulgar. Capitolinus 6 states that, during 
a plague, the mortality at Rome was so great, that 
it was found necessary to carry the dead bodies out 
of the city upon the common sarraca. Several of 
the barbarous nations with which the Romans 
came in contact used these wagons also in war, 
and placed them around their camps as a fortifica- 
tion ; 7 and the Scythians used them in their wan- 
derings, and spent almost their whole lives upon 
them, with their wives and children, whence Am- 
mianus compares such a caravan of sarraca, with 
all that was conveyed upon them, to a wandering 
city. The Romans appear to have used the word 
sarracum as synonymous with plaustrum, and Ju- 
venal 3 goes even so far as to apply it to the constel- 
lation of stars which was generally called plaustrum. 9 

SARTA'GO (rrjyavov) w r as a sort of pan, which 
was used in the Roman kitchens for a variety of 
purposes, such as roasting, melting fat or butter, 
cooking, &c. 10 Frequently, also, dishes consisting 
of a variety of ingredients seem to have been pre- 
pared in such a sartago, as Persius 11 speaks of a 
sartago loquendi, that is, of a mixture of proper and 
improper expressions. Some commentators on this 
passage, and perhaps with more justice, understand 
the sartago loquendi as a mode of speaking in which J 
hissing sounds are employed, similar to the noise i 
produced when meat is fried in a pan. 

SATISDA'TIO. (Vid. Actio, p. 19.) 

SA'TURA, or, in the softened form, SATIRA, is' 
the name of a species of poetry, wh_3h we call sat- 

1. (Theophr., De Lapid., c.,43.— Cleavekmd's Mineral., p. 250 
— Moore's Anc. Mineral., p. 154.) — 2. (Moore's Anc. Mineral., p 
153.)— 3. (Vitruv.,x., 1. — Juv., iii., 254.)— 4. (Sidon., Epist 
iv., 18. — Ammian. Marcell., xxxi., 2.) — 5. (viii., 3, 21.) — 6 
(Anton. Philos., 13.)— 7. (Sisenna ap. Non., iii., 35.)— 8. (v., 
22.) — 9. (Scheffer, De Re Vehic, ii., 31.) — 10 (Plin., H. N 
xvi., 22.— Juv., x., 63.)—ll. (i., 79.) 



SATURA. 



SATURNALIA. 



n»?. In the history of Roman literature we have to 
distinguish two different kinds of satires, viz., the 
early satura and the later satira, which received its 
perfect development from the poet C. Lucilius (148- 
103 B.C.). Both species of poetry, however, are 
altogether peculiar to the Romans. The literal 
meaning of satura, the root of which is sat, comes 
nearest to what the French call pot-pourri, or to the 
Latin farrago, a mixture of all sorts of things. The 
name was accordingly applied by the Romans in 
many ways, but always to things consisting of vari- 
ous parts or ingredients, e. g., lanx satura, an offer- 
ing consisting of various fruits, such as were offered 
at harvest festivals and to Ceres; 1 lex per saturam 
lata, a law which contained several distinct regula- 
tions at once. 8 It would appear from the etymolo- 
gy of the word, that the earliest Roman satura, of 
which we otherwise scarcely know anything, must 
have treated in one work on a variety of subjects 
just as they occurred to the writer, and perhaps, 
as was the case with the satires of Varro, half in 
prose and half in verse, or in verses of different 
metre. Another feature of the earliest satura, as 
we learn from the celebrated passage in Livy, 3 is 
that it was scenic, that is, an improvisatory and 
irregular kind of dramatic performance, of the same 
class as the versus Fescennini. ( Vid. Fescennina.) 
When Livius Andronicus introduced the regular 
drama at Rome, the people, on account of their 
fondness for such extempore jokes and railleries, 
still continued to keep up their former amusements, 
and it is not improbable that the exodia of later 
times were the old saturae merely under another 
name. {Vid. Exodia.) 

Ennius and Pacuvius are mentioned as the first 
writers of satires, but we are entirely unable to 
judge whether their works were dramatic like the 
satura of old, or whether they resembled the satires 
of Lucilius and Horace. At any rate, however, 
neither Ennius nor Pacuvius can have made any 
great improvement in this species of poetry, as 
Quinctilian* does not mention either of them, and 
describes C. Lucilius as the first great writer of 
satires. It is Lucilius who is universally regarded 
by the ancients as the inventor of the new kind of 
satira, which resembled, on the whole, that species 
of poetry which is in modern times designated by 
the same name, and which was no longer scenic or 
dramatic. The character of this new satira was 
afterward emphatically called character Lucilianus. 6 
These new satires were written in hexameters, 
which metre was subsequently adopted by all the 
other satirists, as Horace, Persius, and Juvenal, 
who followed the path opened by Lucilius. Their 
character was essentially ethical or practical, and 
as the stage at Rome was not so free as at Athens, 
the satires of the former had a similiar object to 
that of the ancient comedy at the latter. The 
poets, in their satires, attacked not only the follies 
and vices of mankind in general, but also of such 
living and distinguished individuals as had any in- 
fluence upon their contemporaries. Such a species 
of poetry must necessarily be subject to great modi- 
fications, arising partly from the character of the 
time in which the poet lives, and partly from the 
personal character and temperament of the poet 
himself; and it is from these circumstances that 
we have to explain the differences between the sat- 
ires of Lucilius, Horace, Persius, and Juvenal. 

After Lucilius had already, by his own example, 
established the artistic principles of satires, Teren- 
tius Varro, in his youth, wrote a kind of satires 
which were neither like the old satura nor like the 

1. (Acron. ad Horat , Sat., i., 1.— Diomed., iii., p. 483, ed. 
Putsch.)— 2. (Fest., s. v. Satura.)— 3. (vu., 2.)— 4. (x., 1, 93.) 
5. i Varro, De Re Rust., iii., 2.) 



satira of L^ Mlius. They consisted of a mixture ot 
verse and prose, and of verses of different metres, 
but were not scenic like the old saturae. They were 
altogether of a peculiar character ; they were 
therefore called satirae Varronianae, or Menippeae, 
or Cynicas, the latter because he was said to have 
imitated the works of the Cynic philosopher Memp 
pus. 1 

SATURA LEX. (Vid. Lex, p. 580.) 

SATURNA'LIA, the festival of Saturnus, to 
whom the inhabitants of Latium attributed the in- 
troduction of agriculture and the arts of civilized life. 
Falling towards the end of December, at the season 
when the agricultural labours of the year were fully 
completed, it was celebrated in ancient times by the 
rustic population as a sort of joyous harvest-home, 
and in every age was viewed by all classes of the 
community as a period of absolute relaxation and 
unrestrained merriment. During its continuance 
no public business could be transacted, the law 
courts were closed, the schools kept holyday, to 
commence a war w T as impious, to punish a male- 
factor involved pollution. 2 Special indulgences were 
granted to the slaves of each domestic establish- 
ment : they were relieved from all ordinary toils ; 
were permitted to wear the pileus, the badge of 
freedom ; were granted full freedom of speech ; and 
partook of a banquet attired in the clothes of their 
masters, and were waited upon by them at table. 3 

All ranks devoted themselves to feasting and 
mirth, presents were interchanged among friends, 
cerei or wax tapers being the common offering of 
the more humble to their superiors, and crowds 
thronged the streets, shouting lo Saturnalia (this 
was termed clamare Saturnalia), while sacrifices 
were offered with uncovered head, from a convic- 
tion that no ill-omened sight would interrupt the 
rites of such a happy day. 4 

Many of the peculiar customs exhibited a re- 
markable resemblance to the sports of our own 
Christmas and of the Italian Carnival. Thus, on 
the Saturnalia, public gambling was allowed by the 
aediles, 5 just as in the days of our ancestors the 
most rigid were wont to countenance card-playing 
on Christmas-eve ; the whole population threw off 
the toga, wore a loose gown called synthesis, and 
walked about with the pileus on their heads, 6 
which reminds us of the dominoes, the peaked caps, 
and other disguises worn by masques and mum- 
mers ; the cerei were probably employed as the 
moccoli now are on the last night of the Carnival ; 
and, lastly, one of the amusements in private so 
ciety was the election of a mock king, 7 which at 
once calls to recollection the characteristic cere- 
mony of Twelfth-night. 

Saturnus being an ancient national god of Lati- 
um, the institution of the Saturnalia is lost in the 
most remote antiquity. In one legend it was as- 
cribed to Janus, who, after the sudden disappear- 
ance of his guest and benefactor from the abodes 
of men, reared an altar to him, as a deity, in the Fo 
rum, and ordained annual sacrifices ; in another 
as related by Varro, it was attributed to the wan- 
dering Pelasgi, upon their first settlement in Italy ; 
and Hercules, on his return from Spain, was said 
to have reformed the worship, and abolished the 
practice of immolating human victims ; while a 
third tradition represented certain followers of the 
last-named hero, whom he had left behind on his 

1. (Gell., ii., 18.)— 2. (Macrob., Sat., i., 10, 16.— Mart., i., 60.)— 
Suet., Octav., 32.— Plin., Ep., viii., 7.)— 3. (Macrob., Sat., i., 7. 
—Dion Cass., lx., 19.— Hor., Sat., ii., 7, 5.— Mart., xi., ; xiv., 1. 
— Athen., xiv., 44.)— 4. (Catull., 14.— Senec, Ep., ]8.— Suet., 
Octav., 75. — Mart., v., 18, 19; vii., 53 ; xiv., 1. —Plin., Ep., 

I iv., 9.— Macrob., Sat., i., 8, 10.— Serv. ad Virg., .En., iii.. 407.) 
5. (Mart., v., 84: xiv., 1 ; xi., 6.)— 6. (Mart., xiv., 141 ; vi., 24 < 
xiv., 1 ; xi., 6.— Senec, Eo., 18.)— 7. (Tacit., Ann., xiii., 15 

i Arnau, Diss. Epictet., i , 2 r >. Lucian, Sat., 4.) 

855 



SATJRUS. 



SCALAE. 



leturn to Gieece, as the authors of the Saturna- 
lia * Records approaching more nearly to history 
referred the erection of temples and altars, and the 
first celebration of the festival, to epochs com- 
paratively recent, to the reign of Tatius, 2 of Tullus 
Hostilius, 3 of Tarquinius Superbus,* to the consul- 
ship of A. Sempronius and M. Minutius, B.C. 497, 
or to that of T. Lartius in the preceding year. 5 
These conflicting statements may be easily recon- 
ciled by supposing that the appointed ceremonies 
were in these rude ages neglected from time to 
time, or corrupted, and again at different periods 
revived, purified, extended, and performed with 
fresh splendour and greater regularity. 6 

During the Republic, although the whole month 
if December was considered as dedicated to Sat- 
trn, 7 only one day, the xiv. Kal. Jan., was set apart 
for the sacred rites of the divinity : when the 
month was lengthened by the addition of two days 
upon the adoption of the Julian Calendar, the Sat- 
urnalia fell on the xvi. Kal. Jan., which gave rise to 
confusion and mistakes among the more ignorant 
portion of the people. To obviate this inconve- 
nience, and allay all religious scruples, Augustus 
enacted that three whole days, the 17th, 18th, and 
19th of December, should in all time coming be 
hallowed, thus embracing both the old and new 
style. 8 A fourth day was added, we know not 
when or by whom, and a fifth, with the title Juve- 
nalis, by Caligula, 9 an arrangement which, after it 
had fallen into disuse for some years, was restored 
and confirmed by Claudius. 10 

But although, strictly speaking, one day only, 
during the Republic, was consecrated to religious 
observances, the festivities were spread over a 
much longer space. Thus, while Livy speaks of 
the first day of the Saturnalia (Saturnalibus primis 11 ), 
Cicero mentions the second and third (secundis 
Saturnalibus, 12 Saturnalibus tertiis 13 ) ; and it would 
seem that the merry-making lasted during seven 
days, for Novius, the writer of Atellanae, employed 
-the expression septem Saturnalia, a phrase copied 
in later times by Memmius ; 14 and even Martial 
speaks of Saturni septem dies, 15 although in many 
other passages he alludes to the five days observ- 
ed in accordance with the edicts of Caligula and 
Claudius. 16 In reality, under the Empire, three dif- 
ferent festivals were celebrated during the period 
of seven days. First came the Saturnalia proper, 
commencing on xvi. Kal. Dec, followed by the 
Opaha, anciently coincident with the Saturnalia, 17 
on xiv. Kal. Jan. ; these two together lasted for 
rive days, and the sixth and seventh were occupied 
with the Sigillaria, so called from little earthen- 
ware figures (sigilla, oscilla) exposed for sale at this 
season, and given as toys to children. 

*SATYRTON (carvpiov), a plant, having the 
property of exciting salacity, whence the name. 
The oarvpiov rpi^vWov of Dioscorides and Galen 
has given rise to many conjectures, as Adams re- 
marks. Sprengel inclines to the Tulipa Gesnerw- 
na. The aaTvpiov kpvdpoviov has been commonly 
held for the Erythronium Dens Canis, or Dog's-tooth ; 
Sprengel, however, is not quite satisfied about it. 18 
*II. A four-footed amphibious animal. ( Vid. En- 

HYDRUS.) 

*SAT'YRUS. (Vid. Simia.) 
* SAURUS and S AURA (oavpoc, oavpa). " These 
terms are applied to several species of the genus 

1. (Macrob., Sat., i., 7.)— 2. (Dionys., ii., 50.)— 3. (Dionys., 
iii., 32. — Macrob., Sat., i., 8.) — 4. (Dionys., vi., 1. — Macrob., 1. 
c.)— 5. (Dionys., vi., 1. — Liv., ii., 21.) — 6. (Compare Liv., xxiii., 
1, sub fin.)— 7. (Macrob., i., 7.)— 8. (Id., i., 10.)— 9. (Dion Cass., 
lix., 6.— Suet., Cal., 17.)— 10. (Dion Cass., Ix., 2.)— 11. (Liv., 
xxx., 36.)— 12 (ad Att., xv.,32.)— 13. (ad Att., v., 20.)— 14. (Ma- 
crob., i., 10.)— 15. (xiv., 72.)- 16. (ii., 89; xiv.. 79, 141.)— 17. 
(Macrob., i., 10.) — 18. (Dioscor., iii., 133, 134. — Adams, Append., 
» v) 

85R 



Lacerta; to the Salamander, the Stellio, and the 
Gecko. The aavpoc x^upoc noticed by iElian must 
have been the Lacerta viridis, L. It is a very large 
species. Virgil mentions it in the following Hue : 

" 'Nunc virides etiam occultant spineta lacertos.'' "* 
*II. A species of fish, about which great uncer- 
tainty prevails. " Some have referred it," says 
Adams, " to the Salmo Saurus, L., called at Rome 
Tarantola. Schweighaeuser mentions that Ca- 
mus supposed it the same as the klx^v- Schneider, 
upon the whole, prefers some species of the Dio- 
don, L. Coray inclines to the opinion that it was 
a species of mackerel, or Scomber, anu that it is 
the fish called dunepda by the modern Greeks." 2 

^SAXIFR'AGIUM (aafrypayov), a plant, which 
Adams conjectures may have been the Burnet Sax- 
ifrage, or Pimpinclla Sazifraga. Sprengel, howev- 
er, has shown, as Adams remarks, that there is 
great uncertainty about it. 3 

SCALuE (Kllfia^), a Ladder. The general con- 
struction and use of ladders was the same among 
the ancients as in modern times, and therefore re- 
quires no explanation, with the exception of those 
used in besieging a fortified place and in making 
an assault upon it. The ladders were erected 
against the walls (admovere, ponere, apponere, or eri- 
gere scalas), and the besiegers ascended them un- 
der showers of darts and stones thrown upon them 
by the besieged. 4 Some of these ladders, were 
formed like our common ones ; others consisted of 
several parts (aTii/iaKEc TzrjKTai or dtaAvrai), which 
might be put together so as to form one large lad- 
der, and were taken to pieces when they were not 
used. Sometimes, also, they were made of ropes 01 
leather, with large iron hooks at the top, by which 
they were fastened to the walls to be ascended. 
The ladders made wholly of leather consisted of 
tubes sowed up air-tight, and when they were 
wanted these tubes were filled with air. 5 Heron 
also mentions a ladder which was constructed in 
such a manner that it might be erected with a man 
standing on the top, whose object was to observe 
what was going on in the besieged town. 6 Oth 
ers, again, were provided at the top with a small 
bridge, which might be let down upon the wall.' 
In ships, small ladders or steps were likewise used 
for the purpose of ascending into or descending 
from them. 8 

In the houses of the Romans, the name scalae 
was applied to the stairs or staircase leading from 
the lower to the upper parts of a house. The steps 
were either of wood or stone, and, as in modern 
times, fixed on one side in the wall. 9 It appears 
that the staircases in Roman houses were as dark 
as those of old houses in modern times, for it is 
very often mentioned that a person concealed him- 
self in scalis or in scalarum tenebris, 10 and passages 
like these need not be interpreted, as some com- 
mentators have done, by the supposition that in 
scalis is the same as sub scalis. The Roman hous- 
es had two kinds of staircases : the one were the 
common scalae, which were open on one side ; the 
others were called scalae Graecae or nlifiaK.Ec, which 
were closed on both sides. Massurius Sabinus 11 
states that the flaminica was not allowed to ascend 
higher than three steps on a common scala, but 
that she might make use of a climax like every 



1. (JElian, N. A., v., 47.— Virg., Eel., ii., 9.— Adams, Append., 
s. v.)— 2. (Anstot., H. A., ii., 2.— ^Elian, N. A., xii., 25.— 
Schweigh. ad Athen., vii., 120. — Adams, Append., s. v.) — 3. 
(Dioscor, iv., 15. — Adams, Append., s. v.) — 4. (Sallust, Jug., 6, 
64.— Caes.,De Bell. Civ., i., 28, 63.— Tacit., Hist., iv., 29, &c- 
Veget., De Re Milit., iv., 21.— Polyb., ix., 18.)— 5 (Heron, c. 2.^ 
— «. (Id., c. 12.)— 7. (Id., c. 19.)— 8. (Virg., ^En., x., 654.— Heron, 
c. 11.)— 9. (Vitruv., ix., 1, t) 7, &c.)— 10. (Cic, Pro Mil., 15.— 
Philip., ii., 9— Hor., Ernst., ii., 2, 15.)— 11. fan 0«U.. x. '\* 
29.) 



SCEPANOS 



SCEUOPHORUS 



other person, as here she was concealed when go- 
ing up. 1 

SCALPTURATUM. (Vid. House, Roman, p. 
519.) 

*SCAMMO'NIA (onaufiuvia), a plant, the Convol- 
oulus Scammoma. An extract, called Scammony, 
is obtained from the roots, having purgative proper- 
ties. " Dioscorides describes another species, which 
Sibthorp and Sprengel take to be the Convolvulus 
farinosus. Scammony is named duKpv kujucjvoc by 
Nicander, and dat<pvdiov by Alexander Trallianus." 2 

SCAMNUM, dim. SCABELLUM, a step which 
was placed before the beds of the ancients, in order 
to assist persons in getting into them, as some 
were very high ; others, which were lower, required 
also lower steps, which were called scabella. 3 A 
scamnum was sometimes also used as a footstool.* 
A scamnum extended in length becomes a bench, 
and in this sense the word is frequently used. The 
early Romans, before couches were introduced 
among them, used to sit upon benches (scamna) be- 
fore the hearth when they took their meals.'' The 
benches in ships were also sometimes called scam- 
na. In the technical language of the agrimensores, 
a scamnum was a field which was broader than it 
was long, and one that was longer than broad was 
called striga. 6 In the language of the Roman peas- 
antry, a scamnum was a large clod of earth which 
had not been broken by the plough. 7 

*SCANDIX (aKdvdt!;), a plant, the Scandix Aus- 
tralis, or Shepherd's Needle. Aristophanes makes 
it a matter of reproach to Euripides that his mother 
sold scandix instead of good potherbs. The scholi- 
ast on Aristophanes calls it huxavov uypiov evreXic, 
"a wild, cheap potherb." Hence, when Nicias, in 
the Knights, alludes to the name of Euripides, his 
fellow-slave replies, fir] [xoi ye, fir) \ioi, fir) diaonavdi- 
Kiarjc. " Hctc (scandix) est," says Pliny, " quam 
Aristophanes Euripidi poetce objecit joculariter, ma- 
trem ejus ne olus quidem legitimum venditassc, sed 

SC(L7ldlCC1Tl ^ 

"SCANTFNIA LEX. (Vid. Lex, p. 585.) 

SCAPHA, a skiff or boat, usually rowed by two 
oars (biremis scapha 9 ), which was frequently taken 
with merchant vessels in case of shipwreck or 
other accidents.*" 

SCAPHEPHO'RIA (a miopia). (Vid. Hydri- 

APHORIA.) 

*SCARUS (atcapoc), a species offish, the Scarus. 
" There is considerable difficulty in deciding pre- 
cisely what it was, owing to the general resem- 
blance of the fishes contained in the Linnaean genera 
Spams, Scarus, and Labrus. The ancient naturalists 
believed that it ruminates, and this opinion, although 
rejected by the author of the article Ichthyology in 
the Encyclopedic Methodique, has received the coun- 
tenance of Rondelet and Linnaeus." The roasted 
scarus was a favourite dish with the ancients, and 
the liver was particularly commended. The liver, 
according to Sibthorp, is still prized by the modern 
Greeks, and is celebrated in a Romaic couplet. 11 

SCENA. {Vid. Theatrum.) 

*SCEP'ANOS (oneiravoc), a kind of flat fish, re- 
markable for swimming rapidly, gliding, as it were, 
like a shadow, whence the name (onE-xavoc, "cov- 
ered," " shaded"). It would seem to have been a 
epecies of tunny. Some, however, are in favour 
of the halibut. 13 

1. (Sei-v ad Mn., iv., 664.)— 2. (Theophr., II. P., iv., 5.— 
Dioscor., iv., 168. — Adams, Append., s. v.) — 3. (Varro, De Ling. 
Lat., iv., p. 46. — Isid., xx., 11. — Ovid, Ars Am., ii., 21 1 .) — 4. 
(Ovid, ib.,i., 162.)— 5. (Id., Fast, vi., 305.)— 6. (Varii Auc'.or. 
Ilei A?r., p. 46, 125, 198, ed. Goes.)— 7. (Colum., ii., 2.) — 8. 
(Theophr., H. P., vii., 8.— Dioscor., ii., 167.— Aristoph., Acharn., 
456.— Mitchell, ad loc.)— 9. (Hor., Carm., iii.,29,62.)— 10. (Cic, 
De Inv., ii., 51.)— 11. (Aristot., H. A., ii., 17 ; viii., 2 ; ix., 37. 
. -wElian, N. A., i., 2.— Id., ii., 54.— Adams, Append., •. v.)— 12. 
Dcnncgan, Lexicon, 4th ed., s. v.) 
5 Q 



*SCEP'INOS (gketuvoc), another name foi th« 
preceding, used by Athenaeus. 1 

SCEPTRUM is a Latinized form of the Greek 
<jKr}7TTpov, which originally denoted a simple staff or 
walking-stick. 2 (Vid. Baculus.) The correspond- 
ing Latin term is scipio, springing from the same 
root and having the same signification, bat of .es3 
frequent occurrence. 

As the staff was used not merely to support the 
steps of the aged and infirm, but as a weapon of 
defence and assault, the privilege of habitually 
carrying it became emblematic of station and au- 
thority. The straight staves which are held by two 
of the four sitting figures in the woodcut at p. 61, 
while a third holds the curved staff, or Lituus, in- 
dicate, no less than their attitude and position, that 
they are exercising judicial functions. In ancient 
authors the sceptre is represented as belonging 
more especially to kings, princes, and leaders of 
tribes; 3 but it is also borne by judges, 4 by heralds,* 
and by priests and seers. 6 It was more especially 
characteristic of Asiatic manners, so that, among 
the Persians, whole classes of those who held high 
rank and were invested with authority, including 
eunuchs, were distinguished as the sceptre-bearing 
classes (ol onrj-KTovx *- 1 )- The sceptre descended 
from father to son, 8 and might be committed to 
any one in order to express the transfer of author- 
ity. 9 Those who bore the sceptre swore by it, 10 
solemnly taking it in the right hand and raising it 
towards heaven. 11 

The original wooden staff, in consequence of its 
application to the uses now described, received a 
'variety of ornaments or emblems. It earlv became 
a truncheon, pierced with golden c "e-l.ver studs. :2 It 
was enriched with gems, 13 ay d made of precious 
metals or of ivory. 14 The annexed woodcut, taken 
from one of Sir Win. Hamilton's fictile vases, and 
representing iEneas followed by Ascanius, and 
carrying off his father Anchises, who holds the 
sceptre in his right hand, shows its form as worn 




by kings. The ivory sceptre (eburneus scipio 15 ) ot 
the kings of Rome, which descended to the con- 
suls, was surmounted by an eagle. 16 ( Vid. Insigne .) 
Jupiter and Juno, as sovereigns of the gods, were 
represented with a sceptre. 17 

SCEUO'PHOROS (aKev6(j>opoc). (Vid. Hypere- 
tes.) 

1. (vii., 120.)— 2. (Horn., II., xviii., 416.— JEschyl., Agam., 74 
— Herod., i., 195.) — 3. (Horn., II., ii., 186, 199,265,268, 279, 
xviii., 557.— Id., Od., ii., 37, 60 ; iii., 412.)— 4. (Id., Od., xi., 568.) 
—5. (Id., II., iii., 218; vii., 277; xviii., 505.) — 6. (Id. ib., i., 15 . 
Od., xi., 91.— ^Esch., Agam., 1230.)— 7. (Xen., Cyr., vii., 3, v 17 ; 
viii., 1, §38; 3, <> 15.) — 8. (Horn., II., ii., 46, 100-109.) — 9. 
(Herod., vii., 52.)— 10. (Horn., II., i., 234-239.)— 11. (Horn., II., 
vii., 412; x., 321, 328.) — 12. (II., i., 246 ; n., 46.) — 13. (Ovid, 
Met., iii., 264.) — 14. (i., 178.— Fast., vi., 38.)— 15. (Val. Max., 
iv., 4, () 5.)— 16. (Virg., JEn., xi., 238.— Serv., pd loc.— luv , x 
43.-[»id., Or; j., xviii., 2.)— 17. (Ovid, 11. cc.) 

857 



SC1URUS. 



SCORPIO. 



""-SCHI/NOS (oxlvog), the Pistachio, lentiscus, or 
the lentisk which produces mastich. 1 

*SCHISTUS LAPIS (a X Larbg TUdos). "The 
Schistus lapis," says Dr. Moore, " by burning which, 
we find from Dioscorides and Pliny, that haematite 
was sometimes counterfeited, was probably an 
ochrey stone of a slaty structure, whence its name 
{oxtarbc , ' split,' ' cloven'). The best was of a 
somewhat saffron colour, friable, fissile, and resem- 
bling in structure and in the cohesion of its layers 
the fossil salt called ammoniae." 2 

♦SCKCEN'ICLUS (oxoivinXog), a species of bird, 
which Schneider says has been referred to the Em- 
beriza Schceniclus, or Reed Sparrow. This Adams 
considers a very doubtful reference, and suggests 
the Motacilla arundinacea, or Reed Wren. 3 

SCHCENUS (6, ft, axolvoc), an Egyptian and 
Persian measure, the length of which is stated by 
Herodotus 4 at 60 stadia, or 2 parasangs ; by Era- 
tosthenes at 40 stadia, and by others at 32. 5 
Strabo and Pliny both state that the schcenus varied 
in different parts of Egypt and Persia. 6 The schce- 
nus was used especially for measuring land. 7 

*SCHGENUS ((jxolvoc), a term applied to several 
species of Rush. "According to Sprengel, the 
b^vaxolvog is the Juncus acutus, and the oXoaxoivog 
the Schoznus mariscus, in which opinion he is sup- 
ported by Stackhouse. Stephens gives nearly the 
same account of the Schceni. Sibthorp makes the 
oxoTvoe 2,eia of Dioscorides to be the $. Holoschoznus, 
L. The axolvov avdog is the most important of this 
tribe. Moses Charras says of it, ' The Schcenanth is 
Greek, and signifies the flower of a reed, which is 
the best part of that plant.' Dr. Hill also says of 
it, ' The Schcenanth, or Juncus odoratus of the shops, 
is a dried stalk of a plant brought to us from Arabia, 
sometimes bare and naked, sometimes with the 
leaves and flowers on it, or with more or less re- 
mains of them.' Sprengel gives a very interesting 
description of this reed (which he calls Andropogon 
Schoenanthus) from a specimen which he got from 
India." 6 

SCHOLA. (Vid. Baths, p. 148.) 

SCIADEION (aKtddetov). (Vid. Umbraculum.) 

SCIADEPHORIA (<jKtadn<j)opta). {Vid. Hydria- 

PHORIA.) 

*SCIA / NA (adava), a species offish, the Scicena 
corrhosa, L. It is also called cuivog and oicivddpiov. 
According to Belon, it is about four cubits long, 
and sometimes weighs 60 lbs. Rondelet says it is 
so like the Coracinus that the one is often sold for 
the other in Rome. 9 

*SCILLA (cuilla), a bulbous-rooted plant, the 
Sea Onion or- Squill. " The cKiKka of Dioscorides 
is without doubt," says Adams, "the Scilla mari- 
lima, or Squill. The onlXka 'Eiupevideia of Theo- 
phrastus was most probably the Scilla Italica, as 
Stackhouse suggests." The Scilla maritima, ac- 
cording to Sibthorp, abounds in the island of Zante. 
It is an object of commerce, and is exported to 
Holland and England. A sequin for 1000 roots is 
paid for collecting them. It is called aoKikla at 
Constantinople, and is made into paste with honey 
for the asthma, or applied in cataplasms to the 
joints affected with rheumatic pains. 10 

SCIOTHE'RICUM. (Vid. Horologium, p. 509.) 

SCI'PIO. (Vid. Sceptrum.) 

*SCIU / RUS (oniovpog), the Squirrel, or Sciurus 

1. (Theophr., H. P., ix., 1. — Dioscor., i., 181. — Adams, Ap- 
pend., s. v.) — 2. (Diosc, v., 145. — Moore's Ancient Mineral., p. 
131. — Adams, Append., s. v.) — 3. (Aristot., H. A., v>ii., 5. — 
Adams, Append., s. v.) — 4. (ii., 6, 9.)— 5. (Plin., H. N., xii., 30 ; 
v., 10.) — 6. (Strabo, p. 803. —Plin., H. N., vi., 30. — Compare 
Athen., iii., p. 122, A.) — 7. (Herod., i., 66.) — 8. (Theophr., i., 
5 ; iv., 8. — Dioscor., i., 16 ; iv., 52. — Adams, Append., s. v.) — 9. 
(Aristot., H. A., viii., 9. — iElian, N. A., ix., 7. — Adams, Append., 
«. v.)— 10. (Theophr., H. P., i., 7 ; vii., 9.— Dioscor., ii., 202.— 
Adams, Anpend., s. v. — Walpole's Memoirs, vol. i., p. 251.) 
* 853 



vulgaris. The Greek name is derived from the cir- 
cumstance of the tail serving, as it were, to shade 
the body (omd and ovpd). 1 

*SCOI/OPAX or SCOLO'PAX VKoMizaZ or 
GKoXuira!;), probably the Scolopax rvsticula, L., or 
Woodcock. It is the Becassa of the Italians. Mar- 
tial calls it the " Rustica perdix." 2 

*SCOLOPENDRA (aKoloirivSpa), a species of 
venomous insect, the Centipede, Scolopendra morsi- 
tans, L., or some of the kindred species. The 
oK.o^o'KEvdpa xEpaala, according to Adams, is proper- 
ly the S. morsitans, or Centipede ; the c. -Qralaccla 
is the Aphrodite aculeata. " Nicander," says Adams, 
" calls the land Scolopendra aufoicdprjg, from its ap- 
pearing to have two heads. Dr. Clarke confirms its 
ancient character of being extremely venomous." 3 

*SCOLOPEN / DRION {pKokoirevSpiov), a species 
of fern (otherwise called noXvirodcov). It derives 
its name from the resemblance which it bears to the 
aKoTiOTrivdpa. 4, # 

*SCOLOPTA (oKoloma), a plant ; according to 
Stackhouse, the Scolopendra electrical 

SCOLOPS (GKoloip). (Vid. Crux.) 

*SCOL / YMUS (onolvfiog), probably the Scolymus 
Hispanicus, or Spanish Cardoons. 6 

*SCOMBROS (an6{i6pog), the Scomber scombrus, 
or Mackerel. " The name of mackerel (macarellus) 
is found in Albertus Magnus, and in Arnaud de 
Villeneuve. Authors are not agreed concerning its 
etymology. Some derive it from macularius or 
maculariolus, in consequence of its spots ; others 
from pandpiog, on account of its goodness. But 
there is no likelihood that a word used at all times 
in the remotest parts of the north should be derived 
from any southern language, more particularly as 
in most of the parts of the south this word is not 
known. Among the fish which the ancients wer& 
accustomed to salt, there were some small species,, 
known by the name of scomber', colias, and cordylla^ 
and which were comprised under the generic name 
of Lacertus. There is every reason to believe that 
these were the common mackerel and its approxi- 
mating species. All that is said of them proves 
that they were common and of small size. * Colias 
lacertorum minimi,'' says Pliny. Lacertus was there- 
fore evidently a name common to many species." 7 

*SCOPS (tjKuip or Kuip). " It appears to be satis- 
factorily determined that this is the species of owl 
called Strix Scops by Linnaeus." 8 

*SCORDIUM (cKopdiov), the Teucrium Scordium, 
or Water Germander, an aquatic plant. It derives 
its name from onopdov or cuopoduv, on account of 
its strong odour of garlic. 9 

*SOORODON (onopodov), the Allium sativum, or 
manured Garlic. (Vid. Allium.) Stackhouse, how- 
ever, prefers the Allium scorodoprasum. Stephens 
suggests that the wild garlic should be called acp- 
pooKopodov, and not bfyLoonopodov. 10 

*SCORODOPR'ASON (oKopodoirpaoov). " Some 
of the botanical authorities," says Adams, " hold 
it to be the Allium Scorodoprasum, some the A. am- 
peloprasum, and others the A. descendens. I prefer 
the first, which gets the name of Ail recambole in 
French." 11 

SCO'RPIO. (Vid. Tormentum.) 

*II. (^Kopiriog), the Scorpion. 'Znopmog xepaodog 
is the Land Scorpion, of which Nicander, JElian, 

1. (Oppian, Cyn., ii., 586. — Adams, Append., s. v.)— 2. (Aria 
tot., H. A., ix., 2. — Adams, Append., s. v.) — 3. (Aristot., H. A., iv.. 
7. — Adams, Append., s. v.) — 4. (Donnegan, Lex., s. v.) — 5 
(Theophr., H. P., vii., 11. — Adams, Append., s. v.) — 6. (Theophr., 
H. P., vi., 4. — Dioscor., iii., 16. — Adams, Append., s. v.) — 7 
(Aristot., H. A., vi., 17. — -(Elian, N- A., xiv., 1. — Plin., H. N. ; 
ix., 15. — Adams, Append., s. v. — Griffith's Cuvier, vo.l.x., p. 
333.) — 8. (Adams, Append., s. v.) — 9. (Dioscor. iii., 115. — 
Adams, Append., s v.) — 10. (Theophr., vii., 4. — Dioscor., ii., 181. 
— Adams, Append., s. v.) — 11. (Dioscor. ii., 182. — Adams, Ap- 
pend., s. v.) 



SCRIBE. 



SCRJPTTTRA 



and other °ncient authors describe several species. 
Sprengel remarks that Nicand )r's division of scor- 
pions had been adopted by modern naturalists. 
" The scorpion," says Wilkinson, " was among the 
Egyptians an emblem of the goddess Selk, though 
we should rather expect it to have been chosen as 
a type of the Evil Being. Julian mentions scorpi- 
ons of Coptos, which, though inflicting a deadly 
sting, and dreaded by the people, so far respected 
the goddess Isis, who was particularly worshipped 
m that city, that women, in going to express their 
grief before her, walked with bare feet, or lay upon 
the ground, without receiving any injury from them." 
" All the fables," says Griffith, " which superstition 
and ignorance have brought forth, during a series 
of ages, respecting this animal, are exhibited at 
length in the Natural History of Pliny. The an- 
cients, however, did observe that it coupled, and 
was viviparous ; that its sting was pierced, so as to 
give passage to the poison, and that this poison was 
white. They farther remarked that the females 
carried their young, but they supposed that there 
was but one to each mother ; that this had escaped 
by stratagem from the general slaughter which she 
had made of her posterity, and that it finally aven- 
ged its brethren by devouring the author of its life. 
According to others, the mother became the prey 
of her own family ; but, at all events, the voracity 
of these animals was fully recognised. It is proba- 
ble that the winged scorpions, which excited aston- 
ishment from their size, such as those which Me- 
gasthenes informs us were to be found in India, are 
orthoptera of the genus Phasma, or spectrum or he- 
miptera of that of Nepa of Linnaeus. Pliny informs 
us that the Psylli endeavoured to naturalize in Ita- 
ly the scorpions of Africa, but that their attempts 
proved wholly unsuccessful. He distinguishes nine 
species, on the authority of Apollodorus. Nicander, 
who reckons one less, gives some particular details 
sn the subject, but is guided by views purely medi- 
cal." 1 

*III. A species of fish, the Scorpcena porcus, L., 
called in Italian Scrofanello ; in modern Greek, onop- 
ttISi, according to Belon and Coray. 2 

*IV. A species of thorny plant, which Anguillara, 
Sprengel, and Schneider agree in regarding as the 
Spartium Scorpius. Stackhouse, however, finds ob- 
jections to this opinion. 3 

♦SCORPIOEPDES (oKopmoeidec), a species of 
plant, which Dodonaeus and Sprengel agree in re- 
ferring to the Scorpiurus sulcatus, L., or Scorpioides, 
Tournefort.* 

SCRIBiE. The scribae at Rome were public no- 
taries or clerks in the pay of the state. They were 
chiefly employed in making up the public accounts, 
copying out laws, and recording the proceedings of 
the different functionaries of the state. The phrase 
" scriptum faccre" 5 was used to denote their occu- 
pation. Being very numerous, they were divided 
into companies or classes {decuria), and were as- 
signed by lot to different magistrates, whence they 
were named quaestorii, aedilicii, or praetorii, from the 
officers of state to whom they were attached. 6 We 
also read of a navalis scriba, whose occupation was 
of a very inferior order. 7 The appointment to the 
office of a " scriba" seems to have been either made 
on the nominatio of a magistrate, or purchased. 
Thus Livy 8 tell? us that a scriba was appointed by 
a quaestor ; and ve meet with the phrase "decuriam 

1. (Sprengel, Hist, de la Med. — Adams, Append., 8. v. — Wil- 
kinson's Mann, and Customs, &c, vol. v., p. 254.— Griffith's Cu- 
vier, vol. xiii., p. 434, &c.) — 2. (Aristot., H. A., ii., 17. — Adams, 
Append., s. v.) —3. (Theophr., H. P., ix., 13, 18. — Adams, Ap- 
pend., s. v.) — 4. (Dioscor., iv., 192. — Adams, Append., a. v.) — 5. 
(Liv., ix., 46.— Gell., vi., 9.) — 6. (Cic, c. Verr., II., iii., 79 ; c. 
Cat., iv., 7 ; Pro Cluent., 45.— Plin., H. N., xxvi., 1, s. 3.) —7. 
(Festus, s. v. Navalis.)— 8. (xl., 29.) 



emere" to "purchase a company," z. t. t to buy <t 
clerk's place. Horace, for instance, bought for him 
self a " patent place as clerk in the treasury" {scrip- 
turn qucestorium comparavit 1 ). In Cicero's time, in- 
deed, it seems that any one might become a scriba 
or public clerk by purchase,* and, consequently, as 
freedmen and their sons were eligible, and constitu- 
ted a great portion of the public clerks at Rome, 8 
the office was not highly esteemed, though frequent- 
ly held by ingenui or freeborn citizens. Cicero, 4 
however, informs us that the scribae formed a re- 
spectable class of men, but he thinks it necessary 
to assign a reason for calling them such, as if he 
were conscious that he was combating a populai 
prejudice. Very few instances are recorded of the 
scribae being raised to the higher dignities ot the 
state. Cn. Flavius, the scribe of Appius Claudius, 
was raised to the office of curule aedile in gratitude 
for his making public the various forms of actions, 
which had previously been the exclusive property 
of the patricians {vid. Actio, p. 17), but the return- 
ing officer refused to acquiesce in his election till 
he had given up his books {tabulas posuit) and left 
his profession. 5 The private secretaries of individ- 
uals were called Librarii, and sometimes scribae ab 
epistolis. In ancient times, as Festus 6 informs us> 
scriba was used for a poet. 7 

SCRIBO'NIA LEX. {Vid. Lex, p. 585.) 

SCRPNIUM. (Fid. Caps a.) 

SCRIPLUM. {Vid. Scrupulum.) 

SCRIPTA DUO'DECIM. {Vid. Latruncul,., 

SCRIPTU'RA was that part of the revenue of the 
Roman Republic which was derived from letting out 
those portions of the ager publicus which were not 
or could not be taken into cultivation as pasture- 
land. 9 The name for such parts of the ager publi- 
cus was pascua publica, saltus, or silvce. They were 
let by the censors to the publicani, like all other vec- 
tigalia ; and the persons who let their cattle graze 
on such public pastures had to pay a certain tax 01 
duty to the publicani, which, of course, varied ac- 
cording to the number and quality of the cattle 
which they kept upon them. To how much this 
duty amounted is nowhere stated, but the revenue 
which the state derived from it appears to have 
been very considerable. The publicani had to keep 
the lists of the persons who sent their cattle upon 
the public pastures, together with the number and 
quality of the cattle. From this registering {scri- 
bere) the duty itself was called scriptura, the public 
pasture-land ager scripturarius, 9 and the publicani, 
or their agents who raised the tax, scripturarii. 
Cattle not registered by the publicani were called 
pecudes inscriptcc, and those who sent such cattle 
upon the public pasture were punished according to 
the lex Censoria, 10 and the cattle were taken by the 
publicani and forfeited. 11 The lex Thoria 12 did away 
with the scriptura in Italy, where the public pas- 
tures were very numerous and extensive, especially 
in Apulia, 13 and the lands themselves were now sold 
or distributed. In the provinces, where the public 
pastures were also let out in the same manner, 14 the 
practice continued until the time of the Empire, but 
afterward the scriptura is no longer mentioned. 15 

SCRU'PULUM, or, more properly, Scripulum or 
Scriplum {ypdjiixa), the smallest denomination of 
weight among the Romans. It was the 24th part 



I. (Tate's Horace, ed. i., p. 58.)— 2. (Cic, II., iii., c. Verr., 79.) 
—3. (Tacit., Ann., xiii., 27.)— 4. (]. O— 5. (Gell., 1. c.)— 6. (s. 
v.) — 7. (Ernesti, Clav. Cic, s. v.— Gottlin^, Gesch. der R5m. 
Staatsv., p. 374.)— 8. (Varro, De Ling. Lat., iv., p. 10, Bip. — 
Festus, s. v. Saltum.) — 9. (Festus, s. v. Scripturarius ager.) — 
10. (Varro, De Re Rust., ii., 1.) — II. (Plaut., True, i., 2, 42, 
&c.)— 12. (Appian, De Bell. Civ., i., 27.— Cic, Brut., 36.)— 13. 
(Varro, De Re Rust., 1. c— Liv., xxxix., 29.)— 14. (Cic, c. Verr., 
II., ii., 3 ; Pro Leg. Man., 6 ; ad Fam., xiii., 65.— Plin., II. N. 
xix., 15.)— 15. (Compare Niebuhr. Hist, of Rome, iii., p. 15, &e 
— Euimann, Vectig. Pop. Rom., c 4.) 

859 



SCULPTURA 



SCUTUM. 



of the Uncia, or the 288th of the Libra, and there- 
fore =18 06 grains English, which is about the av- 
erage weight of the scrupular aurei still in exist- 
ence. (Vid. Aurum.) 

As a square measure, it was the smallest division 
of the jugerum, which contained 288 scrupula. ( Vid. 
Jugerum.) Pliny 1 uses the word to denote small 
divisions of a degree. It seems, in fact, to be ap- 
plicable to any measure. 

Though the scrupulum was the smallest weight 
in common use, we find divisions of it sometimes 
mentioned, as the obolus =£ of a scruple, the semi- 
obolus =% of an obolus, and the siliqua =Jd of an 
obolus, =^th of a scrapie, which is thus shown to 
have been originally the weight of a certain number 
of seeds. 8 

" Semioboli duplum est obolus, quern pondere duplo 
Gramma vocant, scriplum nostri dixere priores. 
Semina sex alii siliquis latitantia curvis 
Attribuunt scriplo, lenlisve grana bis octo, 
Aut totidem speltas numerant, tristesve lupinos 
Bis duo.'" 

SCULPWRA (ylvtyr]) properly means the art 
of engraving figures upon metal, stone, wood, and 
similar materials, but is sometimes improperly ap- 
plied by modern writers to the statuary art, which 
is explained in a separate article. {Vid. Statuary.) 
There are two different forms of the word, both in 
Greek and Latin, viz., scalpo, scalptura, and sculpo, 
sculptura (in Greek y\u$u> and yXixpo). The gen- 
eral opinion is, that both scalpo and sculpo, with their 
derivatives, signify the same thing, only different in 
degree of perfection, so that scalptura would signify 
a coarse or rude, sculptura an elaborate and perfect 
engraving. This opinion is chiefly based upon the 
following passages : Horat., Sat., ii., 3, 22. — Ovid, 
Met., x., 248. — Vitruv., iv., 6. 3 Others, again, be- 
; eve that scalpo (y/idfa) signifies to cut figures into 
the material (intaglio), and sculpo (yliupu) to produce 
raised figures, as in cameos. . Bat it is very doubt- 
ful whether the ancients themselves made or ob- 
served such a distinction. 

It may be expedient, however, in accordance with 
this distinction, to divide sculptura into two depart- 
ments : 1. The art of cutting figures into the mate- 
rial (intaglios), which was chiefly applied to produ- 
cing seals and matrices for the mints ; and, 2. The 
art of producing raised figures (cameos), w T hich 
served for the most part as ornaments. 

Th(; former of these two branches was much 
more extensively practised among the ancients than 
in modern times, which arose chiefly from the gen- 
eral custom of every free man wearing a seal-ring. 
(Vid. Rings.) The first engravings in metal or 
stone, which served as seals, were simple and rude 
signs without any meaning, sometimes merely con- 
sisting of a round or square hole.* In the second 
stage of the art, certain symbolical or conventional 
forms, as in the worship of the gods, were introdu- 
ced, until at last, about the age of Phidias and Prax- 
iteles, this, like the other branches of the fine arts, 
had completed its free and unrestrained career of de- 
velopment, and was carried to such a degree of per- 
fection, that, in the beauty of design as well as of ex- 
ecution, the works of the ancients remain unrivalled 
down to the present day. But few of the names of 
the artists who excelled in this art have come down 
to us. Some intaglios, as well as cameos, have a 
name engraved upon them, but it is in all cases more 
probable that such are the names of the owners 
rather than those of the artists. The first artist 
who is mentioned as an engraver of stones is Theo- 

1. (H. N., ii., 7.)— 2. (Rhem. Fann., De Pond., v., 8-13.)— 3. 
(Compare the commentators on Suet., Galb., 10.)— 4. (Meyer, 
Kunstgeschichte. i., 10.) 
860 



dorus, the son of Telecles, the Samian, who engi li- 
ved the stone in the ring of Poly crates. 1 The most 
celebrated among them was Pyrgoteles, who engra- 
ved the seal-rings for Alexander the Great. 8 The 
art continued for a long time after Pyrgoteles in a 
very high state of perfection, and it appears to have 
been applied about this period to ornamental works ; 
for several of the successors of Alexander and other 
wealthy persons adopted the custom, which was 
and is still very prevalent in the East, of adorning 
their gold and silver vessels, craters, candelabras, 
and the like, with precious stones, on which raised 
figures (cameos) were worked. 3 Among the same 
class of ornamental works we may reckon such 
vessels and paterae as consisted of one stone, upon 
which there w r as in many cases a whole series of 
raised figures of the most exquisite workmanship. 4 
Respecting the various precious and other stones 
which the ancient artists used in these works, see 
Muller. 6 

As regards the technical part of the art of work- 
ing in precious stones, we only know the following 
particulars. The stone was first polished by the 
politor, and received either a plane or convex sur- 
face ; the latter was especially preferred, when the 
stone was intended to serve as a seal. The sculp- 
tor himself used iron or steel instruments moisten- 
ed with oil, and sometimes also a diamond framed 
in iron. These metal instruments were either sharp 
and pointed, or round. 6 The stones which were 
destined to be framed in rings, as well as those 
which were to be inlaid in gold or silver vessels, 
then passed from the hands of the sculptor into 
those of the goldsmith (annularius, compositor). 

Numerous specimens of intaglios and cameos are 
still preserved in the various museums of Europe, 
and are described in numerous works. For the lit- 
erature of the subject, see Muller. 7 

2KYPIA AIKH {otivpia 6Lnri) is thus explained by 
Pollux : 1>Kvpiav Slkijv bvojid^ovaiv oi KOficidodidacrKa- 
Aoi 77]v rpaxetav oi yap (pvyoduiovvrec konrjTrTOVTO eif 
2/cvpov ri eic. Arj/ivov aTTodrjfieZv. By Tpa%£ia SIkij is 
meant one beset with difficulties, in which the plain- 
tiff had to encounter every sort of trickery and eva- 
sion on the part of the defendant. On the appointed 
day of trial both parties were required to be present 
in court, and if either of them did not appear, judg- 
ment was pronounced against him, unless he had 
some good excuse to offer, such as illness or inevi- 
table absence abroad. Cause was shown by some 
friend on his behalf, supported by an affidavit called 
vTzufioaia, in answer to which the opponent was al- 
lowed to put in a counter-affidavit (dvdvn-u/iocria), 
and the court decided whether the excuse was val- 
id. It seems to have become a practice with per- 
sons who wished to put off or shirk a trial, to pre- 
tend that they had gone to some island in the ^Egean 
Sea, either on business or on the public service ; 
and the isles of Scyrus (one of the Cyclades), Lem- 
nos, and Imbrus were particularly selected for that 
purpose. Shammers of this kind were therefore 
nicknamed Lemnians and Imbrians. 8 

SCYTILE (oKvdat). (Vid. Demosioi.) 

SCUTUM (tivpeocy, the Roman shield worn by 
the heavy-armed infantry, instead of being round 
like the Greek Clipeus, was adapted to the form of 
the human body by being made either oval or of the 
shape of a door (Svpa), which it also resembled in 
being made of wood or wickerwork, and from which, 

1. (Herod., iii., 41.)— 2. (Winckelmann, vi., p. 107, &c.)— 3. 
(Athen., xi., p. 781— Cic, c. Verr., II., iv., 27, &c.) — 4. (Appi- 
an, Mithr., 115.— Cic, 1. c— Plin., H. N., xxxvii., 3.)— 5. (Ar- 
chffiol., t) 313.) —6. (Plin., II. N., xxxvii., 76.— Muller, Arch., $ 
314 t 2.)— 7. (Archseol., f> 315, &c)— 8. (Pollux, Onom., viii., 60, 
81. — Kiihn, ad loc. — Suidas, s. v. HKvplav &iicr)v. — Hesych., 8. v 
"ItxBpios- — £teph., Thes., 8484, c, s. v. 2/cupoj. — Demosth c. 
Olympiod 1174.— Meier, Att Proc. 696 



SCYTALE 



SEISACHTHEIA. 



consequently tu Greek namo was derived. Two 
of its lorms are shown in the woodcut at page 
*»% That which is here exhibited is also of fre- 




quent occurrence, and is given on the same authori- 
ty : in this case the shield is curved, so as in part 
to encircle the body. The terms clipeus and scutum 
are often confounded ; but that they properly deno- 
ted different kinds of shields is manifest from the 
passages of Livy and other authors which are quo- 
ted in p. 102, 269. In like manner, Plutarch dis- 
tinguishes the Roman dvpeoc from the Greek dame 
in his Life of Titus Flaminius. 1 In Eph., vi., 16, 
St. Paul uses the term tivpeoc rather than aoirtc or 
aaicoe, because he is describing the equipment of a 
Roman soldier. (Vid. Arma, p. 95. s ) These Ro- 
man shields are called scuta longa ; 3 dvpeovc kKifzrj- 
Keie* Polybius 5 says their dimensions were 4 feet 
by 2J-. The shield was held on the left arm by 
means of a handle, and covered the left shoulder. 

*SCYL'IUM (onvTiiov), a species of Shark, proba- 
tly the Squalus canicula, or Bounce. 6 

"SCY'TALE (<tkvtu?.t)J, I. is the name applied to 
a secret mode of writing, by which the Spartan 
ephors communicated with their kings and generals 
when abroad. 7 "When a king or general left Sparta, 
the ephors gave to aim a staff of a definite length 
and thickness, and retained for themselves another 
of precisely the same size. When they had any 
communication to make to him, they cut the mate- 
rial upon which they intended to write into the 
shape of a narrow riband, wound it round their staff, 
and then w:rote upon it the message which they had 
to send to him. When the strip of writing material 
was taken from the staff, nothing but single letters 
appeared, and in this state the strip was sent to the 
general, who, after having w T ound it around his staff, 
was able to read the communication. This rude 
and imperfect mode of sending a secret message 
must have come down from early times, although 
no instance of it is recorded previous to the time of 
Pausanias. 8 In later times, the Spartans used the 
scytale sometimes also as a medium through which 
they sent their commands to subject and allied 
towns. 9 

•II. (Ikvtu^tj), the Blue-bellied Snake. " From 
Nicander's description of the scytale," says Adams, 
" it is clear that it nearly resembled the amphisbae- 
na. In the Latin translation of Avicenna it is ren- 
dered siseculus. Avicenna says it resembles the 
amphisbaena both in form and in the effects of its 
sting. Hence Sprengel refers the scytale to the 

1 . (p. 688, ed. Steph.) — 2. (Josephus, as quoted in p. 728, art. 
Panoplia.— Florus, iii., 10.)— 3. (Virg., ^n., viii., 662.— Ovid, 
Fast., vi., 393.) —4. (Joseph., Ant. Jud., viii., 7, v 2.) —5. (vi., 
21.)— 6. ( Aristot., H. A., vi., 10. — Oppian, Hal., 1. — Adams, Ap- 
pend., • v.)— 7. (Plut., Lysand., 19.— Schol. ad Thucyd., i., 131. 
— Suidai, s. v.)— 8. (Corn. Nep., Paus., 3.)— 9. (Xen., HeU., v., 
2, v 37.) 



Angms eriox, a serpent which differs in length on.y 
from the Anguis fragilis, or Blindworm." 1 

SE'CTIO. " Those are called sectors who buy 
property publice."* Property w r as said to be sold 
publice (venire publice) when a man's property was 
sold by the state in consequence of a condemnatio, 
and for the purpose of repayment to the state of 
such sums of money as the condemned person had 
improperly appropriated, or in consequence of a 
proscription Such a sale of all a man's property 
was a sectio ;* and sometimes the things sold were 
called sectio. 9 The sale was effected by the prae- 
tor giving to the quaestors the bonorum possessio, 
in reference to which the phrase " bona publice pos- 
sideri" is used. The property was sold sub hasta, 
and the sale transferred Quiritarian ownership, to 
which Gaius probably alludes in a mutilated pas- 
sage. 6 The sector was entitled to the interdictum 
sectorium for the purpose of obtaining possession ol 
the property ; 7 but he took the property with all its 
liabilities. An hereditas that had fallen to the fiscus 
was sold in this way, and the sector acquired the 
hereditatis petitio. 

SECTOR. (Vid. Sectio.) 

SECTO'RIUM INTERDICTUM. (Vid. Inter 
dictum, p. 543 ; Sectio.) 

SECU'RIS, dim. SECURICULA (afcvn, ttsXekvc) 
an Axe or Hatchet. The axe was either made with 
a single edge, or with a blade or head on each side 
of the haft, the latter kind being denominated bipen- 
nis (tteMkvc 6lot6[j.oc, or dfityiaTo/zoc 6 ). As the axe 
was not only an instrument of constant use in the 
hands of the carpenter and the husbandman, but 
was, moreover, one of the earliest weapons of at- 
tack, 9 a constituent portion of the Roman fasces, 
and a part of the apparatus when animals were 
slain in sacrifice, we find it continually recurring 
under a great variety of forms upon coins, gems, 
and bas-reliefs. In the woodcut to the article Scep- 
trum, the young Ascanius holds a battle-axe in his 
hand. Also real axe-heads, both of stone and met- 
al, are to be seen in many collections of antiquities. 
Besides being made of bronze and iron, and more 
rarely of silver, 10 axe-heads have from the earliest 
times and among all nations been made of stone. 
They are often found in sepulchral tumuli, and are 
arranged in our museums together with chisels, both 
of stone and of bronze, under the name of celts. ( Vid. 
Dolabra.) 

The prevalent use of the axe on the field of bat 
tie was generally characteristic of the Asiatic na- 
tions, 11 whose troops are therefore called securigera. 
catervce. 17 As usual, we find the Asiatic custom 
propagating itself over the north of Europe. The 
bipennis and the spear were the chief weapons of 
the Franks. 13 

In preparing for a conflict, the metallic axe w T as 
sharpened with a whetstone (subigunt in cote secu 
res 1 *). 

SECUTO'RES. (Vid. Gladiatores, p 477.) 

SEISA'CHTHEIA (oeiodxOeia), a disburdening 
ordinance, was the first and preliminary step in the 
legislation of Solon. 18 The real nature of this meas- 
ure was a subject of doubt even among the ancients 
themselves ; for, while some state that Solon there- 
by cancelled all debts, others describe it as a mere 
reduction of the rate of interest. But from the va- 
rious accounts in Plutarch and the grammarians, i» 

1. (Adams, Append., s. v.)— 2. (Gaius, iv., 146.— Festus, s. v. 
Sectores.)— 3. (Liv., xxxviii., 60.— Cic. in Verr., II., i., 20.) — 4 
(Cic, Pro S. Rose. Amer., 36, 43, &c.)— 5. (Tacit., Hist., i., 90.) 
—6. (iii., 80.— Compare Varro, De Re Rust., ii., 10, s. 4. — Ta- 
cit., Hist., i., 20.) —7. (Gaius, iv., 146.)— 8. (Agathias, Hist., 
ii., 5, p. 73, 74.)— 9. (Horn., II., xv., 711.— Suet., Galba, 18.)- 
10. (Virg., JEn., v., 307.— Wilkinson's Man. and Cust. of Egypt 
i., p. 324.) — 11. (Curt., iii., 4.) — 12. (Val. Flacc., Argou v 
138.) — 13. (Agathias, I.e.) — 14. (Virg., JEn, vii., 627.)— J5 
(Plut., Sol., 15.— Diog. Laert., i., 45.) 

861 



SELLA. 



SELLA. 



seems tc be clear that the creiadxdeia consisted of 
four distinct measures. The first of these was the 
reduction of the rate of interest ; and if this was, as 
it appears, retrospective, it would naturally, in many 
cases, wipe off a considerable part of the debt. The 
second part of the measure consisted in lowering 
the standard of the silver coinage, that is, Solon 
made 73 old drachmas to be worth 100 new ones ; 
so that the debtor, in paying , off his debt, gained 
ather more than one fourth. Bockh 1 supposes that 
it was Solon's intention to lower the standard of 
the coinage only by one fourth, that is, to make 75 
old drachmas equal to 100 new ones, but that the 
new coin proved to be lighter than he had expected. 
The third part consisted in the release of mort- 
gaged lands from their encumbrances, and the res- 
toration of them to their owners as full property. 
How tms was effected is not clear. Lastly, Solon 
abolished the law which gave to the creditor a right 
to the person of his insolvent debtor, and he restored 
to their full liberty those who had been enslaved for 
debt. 

This great measure, when carried into effect, gave 
general satisfaction, for it conferred the greatest 
benefits upon the poor without depriving the rich 
of too much, and the Athenians expressed their 
thankfulness by a public sacrifice, which they called 
aeiadxPeia, and by appointing Solon to legislate for 
them with unlimited power. 3 

*SELrNON (aeXivov). " I agree with Sprengel," 
says Adams, " in thinking this the Apium Petroseli- 
non, or Curled Parsley, although Stackhouse be 
doubtful. Ludovicus Nonnius correctly remarks 
that it ought not to be confounded with the Petrose- 
linon of the ancients, or Macedonian Parsley." 3 

SELLA. The general term for a seat or chair of 
any description. The varieties most deserving of 
notice are : 

I. Sella Curulis, the chair of state. Curulis is 
derived by the ancient writers from currus ;* but it 
more probably contains the same root as curia, 
which is also found in Quirites, curiates, the Greek 
Kvpioc, Koipavoc, &c. (Vid. Comitia, p. 295.) The 
sella curulis is said to have been used at Rome from 
a very remote period as an emblem of kingly power 
(hence " curuli regia sella adornavit"*), having been 
imported, along with various other insignia of roy- 
alty, from Etruria, 6 according to one account by 
Tullus Hostilius ; 7 according to another by the el- 
der Tarquinius ; 8 while Silius names Vetulonii as 
the city from which it was immediately derived. 9 
Under the Republic, the right of sitting upon this 
chair belonged to the consuls, praetors, curule aediles, 
and censors; 10 to the flamen dialis 11 (vid. Flamen); 
to the dictator, and to those whom he deputed to 
act under himself, as the magister equitum, since he 
might be said to comprehend all magistracies with- 
in himself. 12 After the downfall of the constitution, 
it was assigned to the emperors also, or to their 
statues in their absence ; 13 to the augustales, 1 * and 
perhaps to the praefectus urbi. 15 It was displayed 
upon all great public occasions, especially in the 
circus and theatre, 16 sometimes even after the 
death of the person to whom it belonged, a mark 
of special honour bestowed on Marcellus, German- 

1 (Staatsh., i., p. 17.) — 2. (Plut., Sol., 16. — Compare Suidas, 
Hesych, Etym. Mag., s. v. — Cic, De Republ., ii., 34. — Wach- 
■rnuth, Hell. Alt., I., i., p. 249.) — 3. (Dioscor., iii., 67.— Theo- 
phrast., H. P., i., 2. — Adams, Append., s. v.) — 4. (Aul. Gell., 
iii., 18. — Festus, s. v. Curules. — Servius ad Virg., JEn., xi., 334. 
— Isid., xx., 11, 11.)— 5. (Liv., i., 20.)— 6. (Liv., i.,8.)— 7. (Ma- 
erob., Sat., i., 6.)— 8. (Flor., i., 5.)— 9. (viii., 487.) — 10. (Liv., 
ii., 54; vii., 1 ; ix., 46 ; x., 7 ; xl., 45. — Aul. Gell., vi., 9, &c.) 
—11. (Liv., i., 20; xxvii., 8.)— 12. (Dion Cass., xliii., 48.— Liv., 
ii., 31. — Festus, s. v. Sellse curulis.) — 13. (Tacit., Ann., xv., 29. 
—Hist., n., 59.— Servius, 1. c.)— 14. (Tacit., Ann., ii., 83.)— 15. 
(Spanheim, De Priest, et TJsu Numism., x., 3, t) 1.) — 16. (Liv., 
ii.. 31 — Sueton., Octav., 43. — Dion Cass., lviii., 4.) 
862 



icus, and Pertinax ; x and it w,-t& the seat of the 
praetor when he administered justice. 2 In the prov- 
inces it was assumed by inferior magistrates when 
they exercised proconsular cir propraetorian authori- 
ty, as we infer from its appearing along with fasces 
on a coin of the Gens Fupia, struck at Nicaea, in 
Bithynia, and bearing thsr.ame AVAOC HOvniOC 
TAMIAC. We find it occasionally exhibited on the 
medals of foreign monarchs likewise, on those of 
Ariobarzanes II. of Uappadocia, for it was the prac- 
tice of the Romans to present a curule chair, an 
ivory sceptre, a toga praetexta, and such jke orna- 
ments, as tokens of respect and confidence to those 
rulers whose friendship they desired to cultivate. 3 

The sella curulis appears from the first to have 
been ornamented with ivory, and this is commonly 
indicated by such expressions as curule ebur; Numida 
sculptile dentis opus; and klefavrivoc ditypoc ;* at a 
later period it was overlaid with gold, and conse- 
quently we find dlfpovg eTuxpvoovc, ftpovovc Kara- 
Xpvaovc, rov diippov rov KexpvcFUjJ-ivov, recurring con- 
stantly in Dion Cassius, who frequently, however 
employs the simple form ditypct, apxtKoi In shape 
it long remained extremely plain, closely resembling 
a common folding (plicatilis) camp-stool with crook- 
ed legs. These last gave rise to the name aynvko- 
rrovc difpoc, found in Plutarch ; 5 they strongly re- 
mind us of elephant's teeth, which they may have 
been intended to imitate, and the Emperor Aurelian 
proposed to construct one in which each foot was to 
consist of an enormous tusk entire. 6 

The form of the sella curulis, as it is commonly 
represented upon the denarii of the Roman families, 
is given in p. 431. In the following cut are repre- 
sented two pairs of bronze legs belonging to a sella 
curulis preserved in the Museum at Naples, 7 and a 
sella curulis copied from the Vatican collection. 




II. Bisellium. The word is found in no classi- 
cal author except Varro, 8 according to whom it 
means a seat large enough to contain two persons. 
We learn from various inscriptions that the right 
of using a seat of this kind upon public occasions 
was granted as a mark of honour to distinguished 
persons by the magistrates and people in provincial 
towns. The~e are examples of this in an inscrip- 
tion found at ./isa, which called forth the long, learn- 
ed, rambling dissertation of Chimentelli, 9 and in 
two others found at Pompeii. 10 In another inscrip- 
tion we have Biselliatus Honor ; n in another, 1 * 
containing the roll of an incorporation of carpenters, 
one of the office-bearers is styled Colleg. I. Bisel- 



learius 



13 



1. (Dion Cass., liii., 30; lxxiv., 4. — Tacit., Ann., ii., 83, and 
Comment, of Lips. — Spanheim, x., 2, (/ 1.) — 2. (Cic. in Verr., 
II., ii., 38. — Val. Max., iii., 5, 1. — Tacit., Ann., i., 75. — Mart., 
xi., 98, 18.) — 3. (Liv., xxx., 11 ; xlii., 14. — Polyb., Exc. Legg., 
cxxi. — Cic. ad Fam., xv., 2. — Spanheim, lb., x., 4.) — 4. (Hor., 
Ep., i., 6, 53. — Ovid, ex Pont., iv., 9, 27.) — 5. (Marius, 5.)— 6. 
(Vopisc, Firm., 3.)— 7. (Mus. Borb., vol. vi., lav. 28.)— 8. (Ling. 
Lat., v., 128, ed. Miiller.) — 9. (Graev., Thes. Antiq. Rom., vol 
vii., p. 2030.)— 10. (Orelli, Inscrip., n. 4048, 4044.)— 11. (Orelli, 
4043.)— 12. (Orelli, 4055.)— 13. (Compare Orelli, 4046, 4047 i 



SELLA. 



SEMEIOTICA. 




Two bronze bisellia were discovered at Pompeii, 
and thus all uncertainty with regard to the form of 
the seat has been removed. One of these is en- 
graved above. 1 

III. Sella Gestatoria 2 or Fertoria, 3 a sedan 
used both in town and country* by men 5 as well as 
by women 6 (riiuliebris sella 1 ). It is expressly dis- 
tinguished from the Lectica, 9 a portable bed or 
sofa, in which the person carried lay in a recumbent 
position, while the sella was a portable chair in 
which the occupant sat upright ; but they are some- 
times confounded, as by Martial. 9 It differed from 
the cathedra also, but in what the difference consist- 
ed it is not easy to determine. (Via 1 . Cathedra.) 
The sella was sometimes entirely open, as we infer 
from the account given by Tacitus of the death of 
Galba, 10 but more frequently shut in. 11 Dion Cas- 
sius 12 pretends that Claudius first employed the cov- 
ered sella, but in this he is contradicted by Sueto- 
nius 13 and by himself. 1 * It appears, however, not to 
have been introduced until long after the lectica 
was common, since we scarcely, if ever, find any 
allusion to it until the period of the Empire. The 
sellas were made sometimes of plain leather, and 
sometimes ornamented with bone, ivory, silver, 15 or 
gold, 16 according to the rank or fortune of the pro- 
prietor. They were furnished with a pillow to sup- 
port the head and neck (cervical 17 ) ; when made 
roomy, the epithet laxa was applied ;" when smaller 
than usual, they were termed sellula; 19 the motion 
was so easy that one might study without incon- 
venience, 30 while, at the same time, it afforded 
healthful exercise. 21 . 

IV. Sell^ of different kinds are mentioned in- 
cidentally in ancient writers, accompanied by epi- 
thets which serve to point out generally the purpo- 
ses for which they were intended. Thus we read 
of sella balneares, sella tonsoria, sella obstetricia, 
sella familiarica v. pertusa, and many others. Both 
Varro 22 and Festus 23 have preserved the w r ord seli- 
guastrum. The former classes it along with sedes, 
tedile, solium, sella ; the latter calls them " sedilia 
anliqui generis ;" and Arnobius includes them among 
common articles of furniture. No hint, however, 

1. (Mus. Borbon., vol. ii., tav. 31.) — 2. (Suet., Ner., 26. — 
Vitoll., 16. — Ammian.,xxix.,2.) — 3. (Cael. Aurelian., i., 5 ; ii., 1.) 
— 4. (Tacit., Ann., xiv., 4. — Suet., Claud., 25.)— 5. (Tacit., 
Hist, i., 35 ; iii., 85.— Juv., vii., 141.— Mart., ix., 23.)— 6. (Ta- 
cit., Ann., xiv., 4. — Juv., i., 124. — Id., vi., 532.) — 7. (Suet., 
Otho, 6.)— 8. (Suet., Claud., 25.— Mart., x., 10 ; xi., 98.— Sen- 
eca, brev. vit., 12.)— 9. (iv., 51.)— 10. (Hist., i., 35, &c.) — 11. 
(Juv., i., 126.— Suet., Ner., 26.— Vitell., 16 —Otho, 6.)— 12. (Ix., 
2.)— 13. (Octav., 53.)— 14. (xlvii., 23; lvi., 43.)— 15. (Lamp., 
Elagab., 4".)— 16. (Claud., Honor. Cons., iv., 583.)— 17. (Juv., 
vi., 532, and schol.)— 18. (Senec, De Const., 14.)— 19. (Tacit., 
Hist., iii., 85.)— 20. (Plin., Ep., iii., 5.)— 21. (Senec, brev. vit., 
12.— Galen, De Tuend. Val., vi., 4.— Caelius Aurel., 1. c.)— 22. 
(L. L, v., 128.) -23. (s.v.) 



is given by any of these authorities which could lead 
us to conjecture the shape, nor is any additional 
light thrown upon the question by Hyginus, who 
tells us, when describing the constellations, that 
Cassiopeia is seated " in siliquastro." 

Of chairs in ordinary use for domestic purposes, 
a great variety, many displaying great taste, has 
been discovered in excavations, or are seen repre- 
sented in ancient frescoes. The first cut annexed 




represents a bronze one from the Museum at Na- 
ples } the second, two chairs, of which the»one on 



m 





the right hand is in the Vatican, and the other is ta- 
ken from a painting at Pompeii. 2 A chair of a very 
beautiful form is given in the Mus. Borb. 3 

V. Sell^e Equestres. (Vid. Ephippium.) 

SE'MATA. (Vid. Funus, p. 457.) 

SEMEIO'TICA (to iTj/xetcjTiKov), one of the five 
parts into which, according to some authors, the 
ancients divided the whole science of medicine. 
(Vid. Medicina.) The more ancient name for this 
branch of medicine was Diagnostica (to diayvuarc- 
kov), but in Galen's time the more common name 
appears to have been Semeiotica. Its particular 
province was the studying the symptoms of diseas- 
es, so as to be able to form a correct judgment as 
to their precise nature, and also to foretell with tol- 
erable accuracy their probable termination. It was 
divided into three parts, comprehending, I. the 
knowledge of the past accidents and history of the 
disease; II. the inspection and study of the patient's 
actual condition ; and, III. the prognosis of the event 
of his illness. As perhaps this branch of medicine 
depends less on the state of science, and more on 
observation and natural acuteness than any other, 
this is the part in which the ancients laboured un- 
der the fewest disadvantages, and approached most 
nearly to ourselves. They seem also to have paid 
particular attention to the study of it, and their wri- 
tings on this subject are still well worth consulting. 
Its necessity is insisted on by Galen and Alexander 
Trallianus ; and the author of the treatise De Arte, 
in the Hippocratic collection, seems to think the 
knowing the nature of a disease almost the same as 
curing it. There are so many anecdotes of the skill 
and acuteness of the ancients in diagnosis and prog- 
nosis, that it is difficult to select the most striking. 
That of Erasistratus is well known, who discovered 
that the secret disease of which Antiochus, the son 
of Seleucus Nicator, was dying, was in fact no- 
thing but his love for his stepmother Stratonice.* 

1. (Mus. Borb., vol. vi., tav. 28.)— 2. (Id., vol. xii., tav. 3.)— 
3. (vol. viii., tav. 20.)— 4. (Appian, De Reb. Syr.. 59, &c— Plut., 
Demetr., c. 38, p. 907.— Suidas, s. v 'Epacr.— Val. Max., v., 7.1 

863 



SEMPRONLE LEGES. 



SENATUS. 



Many instances are recorded of Galen's extraordi- 
nary penetration, insomuch that he ventured to say 
that, by the assistance of the Deity, he had never 
been wrong in his prognosis. 1 Asclepiades is said 
to have gained a great reputation by discovering that 
a man who was supposed to be dead, and was on 
the point of being buried, was in fact alive ; 2 and 
several similar instances are upon record. It must 
not, however, be supposed, that the natural acute- 
ness of the ancients enabled them, in this branch of 
medicine, to overcome the force of vulgar prejudices, 
which so distinctly appear in other parts of their 
writings ; on the contrary, on some subjects (as, 
for example, everything connected with generation) 
their prognosis was formed on the most ridiculous 
and superstitious grounds. 

In the Hippocratic collection, the following works 
are found on this subject, of which, however, only 
the first is considered as undoubtedly genuine : 3 
1. UpoyvuGTtKov, Prcenotiones ; 2. Kuanal Upoyvo)- 
aeic, Prcenotiones Coacce, supposed to be more an- 
cient than Hippocrates ; 3. UpoppnriKov, Prcedic- 
tiones u m two books, of which the former is prob- 
ably anterior to Hippocrates, the second cannot be 
older than Aristotle and Praxagoras ;* 4. Hepi Xv- 
fiCJv, De Humoribus ; 5. Il^pi Kplaeov, De Judicati- 
onibus ; 6. Hepi Kptaificou, De Diebus Judicatoriis. 
Aretaeus has left four valuable books Hepi AitiCjv 
kcu 'Lnueiuv 'Otjeov nai Xpovicjv Uad&v, De Causis 
et Signis Acutorum et Diuturnorum Morborum. Ga- 
len's six books, Hepi rtiv Ueirovdorov Tottcjv, De Do- 
ers Affcctis, are not unfrequently quoted by the title 
of AiayvuGTinf/, Diagnostica? and treat chiefly of 
this subject. 6 We have also various other works 
by Galen on the same subject. Stephanus Atheni- 
ensis has written a Commentary on the Prcenotiones 
of Hippocrates ; and these (as far as the writer is 
aware) are all the works of the ancients that re- 
main upon this subject. 

SEMENTIV^ FERLE. (Vid. Feria, p. 436.) 
SEMIS, SEMISSIS. {Vid. As, p. 110.) 
SEMPRO'NI^E LEGES, the name of various 
liws proposed by Tiberius and Caius Sempronius 
Gracchus. 

Agraria. In B.C. 133 the tribune Tib. Grac- 
chus revived the Agrarian law of Licinius (vid. 
Rogationes Licini^e) : he proposed that no one 
should possess more than 500 jugera of the public 
land (ne quis ex publico agro plus quam quingenta 
jugera possideret 7 ), and that the surplus land should 
be divided among the poor citizens, who were not 
to have the power of alienating it : 8 he also pro- 
posed, as a compensation to the possessors deprived 
of the land on which they had frequently made im- 
provements, that the former possessors should have 
the full ownership of 500 jugera, and each of their 
sons, if they had any, half that quantity : 9 finally, 
that three commissioners (triumviri) should be ap- 
pointed every year to carry the law into effect. 10 
This law naturally met with the greatest opposi- 
tion, but was eventually passed in the year in which 
it was proposed, and Tib. Gracchus, C. Gracchus, 
and Appius Claudius were the three commissioners 
appointed under it. It was, however, never car- 
ried fully into effect, in consequence of the mur- 
der of Tib. Gracchus. The other measures con- 
templated by Tib. Gracchus 11 do not require to be 
mentioned here, as they were never brought for- 

1. (Comment, in Hippocr., lib. i., " De Morb. Vulgar.," v 2, 20, 
torn, xviii., pt. i., p. 383.)— 2. (Plin., II. N., vii., 37 ; xxvi., 8.— 
Cels., De Med., ii., 6. — Apul., Florid., iv., p. 362.) — 3. (Vid. 
Choulant, Handb. der Bucherkmide fur die iEltere Medecin, 
Leipzig-, 8vo, 1841.) — 4. (Vid. Littrc's Hippocr., Introd.) — 5. 
(Vid. note on Theopbr. Protospath., De Corp. Hum. Fabr., p. 
186, ed. Oxon.)— 6. (Vid. Galen, ibid, init., torn, viii., p. 1.)— 7. 
(Liv.,Epit., 58.)— 8. (Appian, Bell. Civ., i., 10,27.)— 9. (Id., i., 9, 
11.)— 10. (Id., i., 9.— Liv., 1. c— Veil. Paterc, ii., 2.— Aurel. 
Vict., DeVir. 111.. 64.)— 11. (Liv., 1. c.) 
864 



ward. 1 In consequence of the difficulties wmch 
were experienced in carrying his brother's agrarian 
law into effect, it was again brought forward by 
C. Gracchus B.C. 123. 2 

De Capite Civium Romanorum, proposed by C. 
Gracchus B.C. 123, enacted that the people only 
should decide respecting the caput or civil condi- 
tion of a citizen (ne de capite civium Romanorum in- 
jussu vestro judicaretur 3 ). This law continued in 
force till the latest times of the Republic. 

Frumentaria, proposed by C. Gracchus B.C 
123, enacted that corn should be sold by the state 
to the people once a month at -£ths of an as for 
each modius (ut semisse et triente frumentum plebi 
daretur*) : Livy says semissis et triens, that is 6 oz. 
and 4 oz. =10 oz., because there was no coin to 
represent the dextans. (Vid. As, p. 110.) Respect- 
ing this law, see also Appian, Bell. Civ., i., 21. — 
Plut., C. Gracchus, 5. — Veil. Pat., ii., 6. — Cic, 
Tusc, iii., 20; Pro Scxt., 48.— Schol. Bob., Pro 
Sext., p. 300, 303, ed. Ore'li. 

Judiciaria. (Vid. Judex, p. 553.) 

Militaris, proposed by C. Gracchus B.C. 123, 
enacted that the soldiers should receive their cloth- 
ing gratis, and that no one should be enrolled as 
a soldier under the age of seventeen. 5 Previously 
a fixed sum was deducted from the pay for all 
clothes and arms issued to the soldiers. 6 

Ne quis Judicio circumven[retur, proposed by 
C. Gracchus B.C. 123, punished all who conspired 
to obtain the condemnation of a person in a judi- 
cium publicum. One of the provisions of the lex 
Cornelia de Sicariis was to the same effect. 7 (Vid. 
Cornelia Lex, p. 308.) 

De Provinciis Consularibus, proposed by C. 
Cracchus B.C. 123, enacted that the senate should 
fix each year, before the comitia for electing the 
consuls were held, the two provinces which were to 
be allotted to the two new consuls. 8 

There was also a Sempronian law concerning tho 
province of Asia, which probably did not form part 
of the lex De Provinciis Consularibus, which enact- 
ed that the taxes of this province should be let out 
to farm by the censors at Rome. 9 This law was 
afterward repealed by J. Caesar. 10 

SEMU'NCIA. (Vid. Uncia.) 

SEMUNCIA'RIUM FUNUS. ( Vid. Interest ok 
Money, p. 547.) 

SENA'TUS. In all the republics of antiquity, 
the government was divided between a senate and a 
popular assembly ; and in cases where a king stood 
at the head of affairs, as at Sparta and in early 
Rome, the king had little more than the executive. 
A senate in the early times was always regarded 
as an assembly of elders, which is, in fact, the 
meaning of the Roman senatus as of the Spartan 
yepovcia, and its members were elected from among 
the nobles of the nation. The number of senators 
in the ancient republics always bore a distinct re- 
lation to the number of tribes of which the nation 
was composed. (Vid. Boule, Gerousia, p. 473.) 
Hence, in the earliest times, when Rome consisted 
of only one tribe, its senate consisted of one hun- 
dred members (scnatores or patres ; compare Pa- 
tricii) ; and when the Sabine tribe, or the Tities, 
became united with the Latin tribe, or the Ramnes, 
the number of senators was increased to two hun 
dred. 11 This number was again augmented by one 



1. (Compare Plut , Tib. Graccb., 8-14.)— 2. (Liv., Epit., 60.— 
Veil. Pat., ii., 6. — Plut., C. Gracch., 5. — Florus, iii., 15.) —3. 
(Cic, Pro Rabir., 4 ; in Cat., iv., 5 ; in Verr., II., v., 63.— Plut., 
C. Gracch., 4.)— 4. (Liv., Epit., 60.)— 5. (Plut., C. Gracch., 5.)— 
6. (Polyb., vi., 39, y 15.) — 7. (Cic, Pro Cluent., 55, 56.)— 8 
(Sallust, Jug-., 27.— Cic. De Prov. Cons., 2 ; Pro Domo, 9.)— 9 
(Cic in Verr., II., iii., 6; ad Att., i., 17.)— 10. (Dion Cass., 
xlii., 6. — Appian, Be! Civ., v., 4.)— 11. (i)iony»., ii., 47.- 
Plut., Rom., 20.) 



SENATUS. 



SENATUS. 



Kindred when the third tribe, or the Luceres, be- 
came incorporated with the Roman state. Dionys- 
ius 1 and Livy 3 place this last event in the reign of 
Tarquinius Priscus ; Cicero, 3 who agrees with the 
two historians on this point, states that Tarquinius 
doubled the number of senators, according to which 
we are obliged to suppose that before Tarquinius 
the senate consisted only of 150 members. This 
difference, however, may be accounted for by the 
supposition, that at the time of Tarquinius Priscus 
a number of seats in the senate had become va- 
cant, which he filled up at the same time that he 
added 100 Luceres to the senate, or else that Cicero 
regarded the Luceres, in opposition to the two oth- 
er tribes, as a second or a new half of the nation, 
and thus incorrectly considered their senators like- 
wise as the second or new half of that body. The 
new senators added by Tarquinius Priscus were 
distinguished from those belonging to the two old- 
er tribes by the appellation patres minorum genti- 
um, as previously those who represented the Tities 
had been distinguished by the same name from 
those who represented the Ramnes.* Servius Tul- 
lius did not make any change in the composition 
of the senate ; but under Tarquinius Superbus the 
number of senators is said to have become very 
much diminished, as this tyrant put many to death, 
and sent others into exile. This account, howev- 
er, appears to be greatly exaggerated, and it is a 
probable supposition of Niebuhr, 5 that several va- 
cancies in the senate arose from many of the sen- 
ators accompanying the tyrant into his exile. The 
vacancies which had thus arisen were filled up im- 
mediately after the establishment of the Republic, 
by L. Junius Brutus, as some writers state, 6 or, ac- 
cording to Dionysius, 7 by Brutus and Valerius Pub- 
licola, and, according to Plutarch 8 and Festus, 9 by 
Valerius Publicola alone. All, however, agree that 
the persons who were on this occasion made sen- 
ators were noble plebeians of equestrian rank. 
Dionysius states that the noblest of the plebeians 
were first raised to the rank of patricians, and that 
then the new senators were taken from among 
them. But this appears to be incompatible with 
the name by which they were designated. Had 
they been made patricians, they would have been 
patres like the others, whereas now the new sena- 
tors are said to have been distinguished from the 
Did l nes by the name of conscripti. 10 Hence the 
m?t«u?ary mode of addressing the whole senate 
Kncefo.'th always was patres conscripti, that is, pa- 
i'cs et conscripti. There is a statement that the 
number of these new senators was 164 j 11 but this, 
is Niebuhr has justly remarked, is a fabrication, 
perhaps of Valerius of Antium, w T hich is contradict- 
ed by all subsequent history. 

Henceforth the number of 300 senators appears 
to have remained unaltered for several centuries. 12 
C. Sempronius Gracchus was the first who at- 
tempted to make a change, but in what this con- 
sisted is not certain. In the epitome of Livy it is 
expressly stated that he intended to add 600 equi- 
tes to the number of 300 senators, which would 
have made a senate of 900 members, and would 
have given a great preponderance to the equites. 
This appears to be an absurdity. 13 Plutarch 1 * states 
that Gracchus added to the senate 300 equites, 
whom he was allowed to select from the whole 
body of equites, and that he transferred the judicia 
to this new senate of 600. This account seems to 
be founded upon a confusion of the lex Judiciaria of 



1. < iii., 67.)— 2. (i.,35.)— 3. (De Republ., ii., 20.)— 4. (Dionys., 
ii., 57.)— 5. (Hist, of Rome, i., 526.)— 6. (Liv., ii., 1.)— 7. (v., 13.) 
—8. (Publ., 11.)— 9. (s.v. Qui Patres.)— 10. (Liv., ii., 1.— Festus, 
a. v. Conscripti and Adlecti.)— 11. (Plut., Publ., 11.— Fest., s. v. 
Qui patres.)— 12. (Liv., Epit., 60.)— 13. (Gottbns, Gesch. d. 
Rom. Staatsv., p. 437.)— 14. (C. Gracch., 5, <fec.) 
fi K 



C. Gracchus with the later one of Livius Drusus, 1 
and all the other writers who mention the lex Ju- 
diciaria of C. Gracchus do not allude to any change 
or increase in the number of senators, but merely 
state that he transferred the judicia from the sen- 
ate to the equites, which remained in their posses- 
sion till the tribuneship of Livius Drusus. The 
latter proposed that, as the senate consisted of 300, 
an equal number of equites should be elected (dpio 
TLvdnv) into the senate, and that in future the judi 
ces should be taken from this senate of 600. 2 Aftei 
the death of Livius Drusus, however, this law was 
abolished by the senate itself, on whose behalf it 
had been proposed, and the senate now again con- 
sisted of 300 members. During the civil war be- 
tween Marius and Sulla, many vacancies must 
have occurred in the senate. Sulla, in his dicta- 
torship, not only filled up these vacancies, but in- 
creased the number of senators. All we know of 
this increase with certainty is, that he caused 
about 300 of the most distinguished equites to be 
elected into the senate ; 3 but the real increase 
which he made to the number of senators is not 
mentioned anywhere. It appears, however, hence- 
forth to have consisted of between five and six 
hundred.* J. Caesar augmented the number to 900, 
and raised to this dignity even common soldiers, 
freedmen, and peregrini. 5 This arbitrariness in 
electing unworthy persons into the senate, and of 
extending its number at random, was imitated af- 
ter the death of Caesar, for on one occasion there 
were more than one thousand senators. 6 Augus- 
tus cleared the senate of the unworthy members, 
who were contemptuously called by the people Or • 
cini senatores, reduced its number to 600, 7 and or- 
dained that a list of the senators should always b 
exhibited to public inspection. 8 During the firs 
centuries of the Empire, this number appears, o 
the whole, to have remained the same ; but, as ev 
erything depended upon the will of the emperor, 
we can scarcely expect to find a regular and fixed 
number of them. 9 During the latter period of the 
Empire their number was again very much dimin- 
ished. 

With respect to the eligibility of persons for the 
senate, as well as to the manner in which they 
were elected, we must distinguish between the sev- 
eral periods of Roman history. It was formerly a 
common opinion, founded upon Livy 10 and Festus, 11 
which has in modern times found new supporters 
in Huschke and Rubino, that in the early period ot 
Roman history the kings appointed the members 
of the senate at their own discretion. It has, how- 
ever, been shown by Niebuhr and others, with in- 
controvertible arguments, that the populus of Rome 
was the real sovereign ; that all the powers which 
the kings possessed were delegated to them by the 
populus ; and that the senate was an assembly 
formed on the principle of representation : it rep- 
resented the populus, and its members were elect- 
ed by the populus. Dionysius 12 is therefore right 
in stating that the senators were elected by the 
populus, but the manner in which he describes the 
election is erroneous, for he believes that the three 
tribes were already united when the senate con- 
sisted of only one hundred members, and that the 
senators were elected by the curies. Niebuhr 13 
thinks that each gens sent its decurio, who was its 
alderman, to represent it in the senate ; Gottling, 1 * 
on the other hand, believes, with somewhat more 

1. (Walter, Gesch. d. Rom. Rechts, p. 244.)— 2. (Appian, Civ- 
il., i., 35— Aurel. Vict., De Vir. Illustr., 66.— Liv., Epit., 71.)— 
3. (Appian, Civil., i., 100.)— 4. (Cic. ad Att., i., 14.)- 5. (Dion 
Cass., xliii., 47.— Suet., Jul., 80.)— 6. (Suet., Octav., 35.)— 7. 
(Dion Cass., liv., 14.)— 8. (Id., lv., 3.)— 9. (Dion Cass., liii., 17.') 
—10. (i., 8.)— 11. (s. v. Pratenti senatores.)— 12. (ii., 14.)— II 
(i , p. 338.)— 14. (p. 151.— Compare p. CJ.) 

R65 



SENATUS. 



SENATES. 



probability, that each decury (the deme of Dionys- 
ius), which contained either a part of one or parts 
of several smaller gentes, had to appoint one old 
man by whom it was represented in the senate, 
and a younger one as eques. This supposition re- 
moves the difficulty respecting the decurio which 
has been pointed out by Walter j 1 for the decurio 
was the commander of a division of the army, and, 
as such, could not well have been of the age of a 
senator. As each decury or gens appointed one 
senator, each cury was represented by ten, each 
•;ri.be by one hundred, and the whole populus by 
three hundred senators, all of whom held their dig- 
nity for life. The plebeians, as such, were not rep- 
resented in the senate, for the instances in which 
plebeians are mentioned as being made senators, 
as in the reign of Tarquinius Priscus, and after the 
abolition of the kingly power, cannot be regarded 
in any other light than mere momentary measures, 
which the government was obliged to adopt for 
several reasons, and without any intention to aD- 
point representatives of the plebes. a The numbers 
of such plebeian senators, at any rate, must have 
been much smaller than they are stated by our au- 
thorities, for there is no instance of any plebeian 
senator on record until the year 439 B.C., when 
Spurius Maelius is mentioned as senator. The 
senate itself appears to have had some influence 
upon the election of new members, inasmuch as it 
might raise objections against a person elected. 3 
The whole senate was divided into decuries, each 
of which corresponded to a curia. When the sen- 
ate consisted of only one hundred members, there 
were, accordingly, only ten decuries of senators ; 
and ten senators, one being taken from each decu- 
ry, formed the decern primi who represented the ten 
uries. When, subsequently, the representatives 
f the two other tribes were admitted into the sen- 
te, the Ramnes, with their decern primi, retained 
for a time their superiority over the two other 
tribes, 4 and gave their votes first. 5 The first among 
the decern primi was the princeps senatus, who was 
appointed by the king, 6 and was, at the same time, 
custos urbis. (Vid. Pr^efectus Urbi.) Respect- 
ing the age at which a person might be elected 
into the senate during the kingly period, we know 
no more than what is indicated by the name sena- 
tor itself, that is, that they were persons of advan- 
ced age. 

It can scarcely be imagined that, immediately af- 
ter the establishment of the Republic, the election of 
senators should at once have passed from the de- 
euries or gentes into the hands of the magistrates, 
asd we must therefore suppose that, at least for a 
time, the senators were appointed by the gentes, 
decuries, or perhaps by the curies. Afterward, 
however, the right to appoint senators belonged to 
the consuls, consular tribunes, and subsequently to 
the censors. 7 This fact has been alleged in sup- 
port of the opinion that formerly the kings had the 
same privilege, especially as it is stated that the 
republican magistrates elected their personal friends 
to the senatorial dignity (conjunctissimos sibi quis- 
gue patriciorum legebant) ; but this statement is, as 
Niebuhr justly remarks, founded upon a total igno- 
rance of the nature of the Roman senate. It 
should not be forgotten that the power of electing 
senators possessed by the republican magistrates 
was by no means an arbitrary power, for the sena- 
tors were always taken from among those who 
were equites, or whom the people had previously 



I. (Gesch. des Rom. Rechts, p. 23, n. 12.)— 2. (Niebuhr, i., 
p. 526, &c.) — 3. (Dionys., vii., 55.) — 4. (Dionys., ii., 58 ; iii., 1. 
— Plut., Num., 3 )— 5. (Dionys., vi., 84.)— 6. (Dionys., ii., 12.— 
Lyd., De Mens., l , 19.) — 7. (L ; v., ii., 1. — Festus, s. v. Praeteriti 
■enattres.) 

86fi 



invested with a magistracy, so that, in *eanty ; the 
people themselves always nominated iae candidates 
for the senate, which on this aceou/ic remained, as 
before, a representative assembly. From the year 
487 B.C., the princeps senatus was no longer ap- 
pointed for life, but became a magistrate appointed 
by the curies, and the patres minorum gentium 
were likewise eligible to this • dignity . l It more 
over appears that all the curule magistrates, and 
also the quaestors, had, by virtue of their office, a 
seat in the senate, which they retained after the 
year of their office was over, and it was from these 
ex-magistrates that the vacancies occurring in the 
senate were generally filled up. 

After the institution of the censorship, the cen 
sors alone had the right to elect new members into 
the senate from among the ex-magistrates, and to 
exclude such as they deemed unworthy. 2 (Vid. 
Nota Censoria.) The exclusion was effected by 
simply passing over the names and not entering 
them into the list of senators, whence such men 
were called prceteriti senatores. 3 On one extraordi- 
nary occasion the eldest among the ex-censors 
was invested with dictatorial power to elect new 
members into the senate. 4 The censors were 
thus, on the one hand, confined in their elections 
to such persons as had already received the confix 
dence of the people, and, on the other, they were 
expressly directed by the lex Ovinia tribunicia to 
elect " ex omni or dine optimum quemque curiatim.'''''' 
This obscure lex Ovinia is referred by Niebuhr 6 to 
the admission of the conscripti into the senate, but 
it evidently belongs to a much later period, and 
was meant to be a guidance to the censors, as he 
himself afterward acknowledged. 7 The or do men- 
tioned in this lex is the ordo senatorius, i. e., men 
who were eligible to the senate from the office 
they had held. 8 The expression curiatim is very 
difficult to explain ; some believe that it refers to 
the fact that the new senators were only appointed 
with the sanction of the senate itself, 9 and in the 
presence of the lictors, who represented the curies. 

From the time that the curule magistrates had 
the right to take their seats in the senate, we must 
distinguish between two classes of senators, viz , 
real senators, or such as had been regularly raised 
to their dignity by the magistrates or the censors, 
and such as had, by virtue of the office which they 
held or had held, a right to take their seats in the 
senate and to speak (sententiam dicere, jus sententia), 
but not to vote. 10 To this ordo senatorius also be- 
longed the pontifex maximus and the fiamen dialis. 
The whole of these senators had, as we have sta- 
ted, no right to vote, but when the others had 
voted they might step over to join the one or the 
other party, whence they were called senatores pe- 
darii, an appellation which had in former times been 
applied to those juniores who were not consulars. 11 
A singular irregularity in electing members of the 
senate was committed by Appius Claudius Csecus, 
who elected into the senate sons of freedmen ; 12 but 
this conduct was declared illegal, and had no fai 
ther consequences. 

When, at length, all the state offices had become 
equally accessible to the plebeians and the patri- 
cians, and when the majority of offices were held 
by the former, their number in the senate naturally 
increased in proportion. The senate had gradually 
become an assembly representing the people, as 
formerly it had represented the populus, and down 

1. (Niebuhr, ii., p. 119.) — 2. (Zon.,vii., 19. — Compare Cic.,D» 
I.egg., iii., 12.)— 3. (Fest., s. v.)— 4. (Liv., xxiii., 22.)— 5. (Fest., 
I.e.)— 6. (i., p. 527.)— 7. (ii., p. 408, n. 855.— Compare Walier 
p. 100, n. 68.)— 8. (Liv., xxii., 49.)— 9. (Dionys., vii., 55.— C.c. 
Philipp., v., 17.)— 10. (Gell., iii., 18.^Fest., s. v. Senatores.)— 
11. (Gell., 1. c. — Compare Niebuhr. ii., p. 114.— Walter, p. 144 i 
--12. (Liv., ix., 29, 46.— Aur. Vict., De Vir. Illustr M ) 



SENATUS. 



SENATUS. 



tc the last century of the Republic the senatorial 
dignity was only regarded as one conferred by the 
people. 1 But, notwithstanding this apparently pop- 
ular character of the senate, it was never a popular 
or democratic assembly, for now its members be- 
longed to the nobiles, who were as aristocratic as 
the patricians. (Vid. Novi Homines.) The office 
of princeps senatus, which had become independent 
of that of praetor urbanus, was now given by the 
censors, and at first always to the eldest among the 
ex-censors, but afterward to any other senator 
whom they thought most worthy, and, unless there 
was any charge to be made against him, be was 
re-elected at the next lustrum. This distinction, 
however, great as it was, afforded neither power 
nor advantages, 3 and did not even confer the privi- 
lege of presiding at the meetings of the senate, 
which only belonged to those magistrates who had 
the right to convoke the senate. 4 

It has been supposed by Niebuhr 3 that a senato- 
rial census existed at Rome at the commencement 
of the second Punic war, but the words of Livy 6 on 
which this supposition is founded seem to be too 
vague to admit of such an inference. Gottling 7 in- 
fers from Cicero 8 that Caesar was the first who in- 
stituted a senatorial census, but the passage of 
Cicero is still more inconclusive than that of Livy, 
and we may safely take it for granted that during 
the whole of the republican period no such census 
existed, 9 although senators naturally always be- 
longed to the wealthiest classes. The institution 
of a census for senators belongs altogether to the 
time of the Empire. Augustus first fixed it at 
400,000 sesterces, afterward increased it to double 
this sum, and at last even to 1,200,000 sesterces. 
Those senators whose property did not amount to 
this sum, received grants from the emperor to make 
ii up. 10 Subsequently it seems to have become cus- 
tomary to remove from the senate those "who had 
lost their property through their own prodigality 
and vices, if they did not quit it of their own ac- 
cord. 11 Augustus also, after having cleared the 
senate of unworthy members, introduced a new 
and reanimating element into it, by admitting men 
from the municipia, the colonies, and even from the 
provinces. 12 When an inhabitant of a province was 
honoured in this manner, the province was said to 
receive the jus senatus. Provincials who were 
made senators, of course, went to reside at Rome, 
and, with the exception of such as belonged to Sici- 
ly or to Gallia Narbonensis, they were not allowed 
to visit their native countries without a special per- 
mission of the emperor. 13 In order to make Rome 
or Italy their new home, the provincial candidates 
for the senate were subsequently always expected 
to acquire landed property in Italy. 14 On the whole, 
however, the equites remained during the first cen- 
turies of the Empire the seminarium senatus, which 
they had also been in the latter period of the Re- 
public. 

As regards the age at which a person might be- 
come a senator, we have no express statement for 
the time of the Republic, although it appears to 
have been fixed by some custom or law, as the 
<etas senatoria is frequently mentioned, especially 
during the latter period of the Republic. But we 
may by induction discover the probable age. We 
know that, according to the lex annalis of the trib- 
une Villius, the age fixed for the quaestorship was 

1. (Cic, Pro Sext., 65 ; De Legg., iii., 12 ; c. Verr., II., iv., 
11 ; Pro Cluent., 50.)— 2. (Liv., xxvii., 11.)— 3. (Zonar., vii., 
19.)— 4. (Gell., xiv., 7. — Cic, De Legg., iii., 4.) — 5. (iii., p. 
406.)— 6. (xxiv., 11.)— 7. (p. 346.)— 8. (ad Fam., xiii., 5.)— 9. 
(Plin., H. N., xiv., 1.)— 10. (Suet., Octav., 41.— Dion Cass., liv., 
17, 26, 30; lv., 13.) — 11. (Tacit., Annal., ii., 48; xii., 52.— 
Suet., Tib., 47.)— 12. (Tacit., Anna]., iii., 55; xi., 25.— Suet., 
Vesp., 9.)— 13. (Tacit., Annal., xii., 23 —Dion Cass., Iii., 48 ; lx., 
25.)-14. (Plin.,E P ist,vi., 19.) 



thirty-oi.e. 1 Now as it might happen tuat & quaes- 
tor was made a senator immediately after the expi- 
ration of his office, we may presume that the earli- 
est age at which a man could become a senator 
was thirty-two. Augustus at last fixed the sena- 
torial age at twenty-five, 2 which appears to have 
remained unaltered throughout the time of the 
Empire. 

No senator was allowed to carry on any mercan 
tile business. About the commencement of the 
second Punic war, some senators appear to have 
violated this law or custom, and, in order to pre- 
vent its recurrence, a law was passed, with the ve- 
hement opposition of the senate, that none of its 
members should be permitted to possess a ship of 
more than 300 amphorae in tonnage, as this was 
thought sufficiently large to convey to Rome the 
produce of their estates abroad. 3 It is clear, how 
ever, from Cicero, 4 that this law was frequently vi- 
olated. 

Regular meetings of the senate (senatus legitimus) 
took place during the Republic, and probably during 
the kingly period also, on the calends, nones, and 
ides of every month : 5 extraordinary meetings (sen- 
atus indictus) might be convoked on any other day, 
with the exception of those which were atri, and 
those on which comitia were held. 6 The right of 
convoking the senate during the kingly period be- 
longed to the king, or to his vicegerent, the custos 
urbis. 7 (Vid. Pr^efectus Urbi.) This right was 
during the Republic transferred to the curule ma- 
gistrates, and at last to the tribunes also. Under 
the Empire, the consuls, praetors, and tribunes con- 
tinued to enjoy the same privilege, 8 although the 
emperors had the same. 9 If a* senator did not ap- 
pear on a day of meeting, he was liable to a rin&, fo: 
which a pledge was taken ( pignoris captio) until it 
was paid. 10 Under the Empire, the penalty for not 
appearing without sufficient reason was increased. 11 
Towards the end of the Republic it was decreed 
that, during the whole month of February, the sen- 
ate should give audience to foreign ambassadors on 
all days on which the senate could lawfully meet, 
and that no other matters should be discussed until 
these affairs were settled. 12 

The places where the meetings of the senate 
were held (curia, senacula) were always inaugu- 
rated by the augurs. (Vid. Templum.) The most 
ancient place was the Curia Hostilia, in which 
alone, originally, a senatus consultum could be made. 
Afterward, however, several temples were used for 
this purpose, such as the Temple of Concordia, a 
place near the Temple of Bellona (vid. Legatus), 
and one near the Porta Capena. 13 Under the em- 
perors the senate also met in other places : under 
Caesar, the Curia Julia, a building of immense splen- 
dour, was commenced ; but subsequently meetings 
of the senate were not seldom held in the house of 
a consul. 

When, in the earliest times, the king or the custos 
urbis, after consulting the pleasure of the gods by 
auspices, had convoked the senate (senatum edicere, 
convocare), he opened the session with the words 
" Quod bonum, faustum, feliz fortunatumque sit pop- 
ulo Romano Quiritibus, ,, and then laid before the as- 
sembly (referre, relatio) what he had to propose. 
The president then called upon the members to dis- 
cuss the matter, and when the discussion was over, 



1. (Orelli, Onom., iii., p. 133.)— 2. (Dion Cass., Iii., 2C-)— 3. 
(Liv., xxi., 63.)— 4. (c. Verr., II., v., 18.)— 5. (Cic. ad Q. Fiat., 
ii., 13.)- 6. (Cic. ad Q. Frat., ii., 2.) — 7. (Dionys., ii., 8.) — 8. 
(Dion Cass., lvi., 47 ; lix., 24.— Tacit., Hist., iv., 39.)— 9. (Dion 
Cass., liii., 1 ; liv., 3.)— 10. (Gell., xiv., 7.— Liv., iii., 28— Cic, 
De Legg., iii., 4. — Philip., i., 5.— Plut., Cic, 43.) — 11. (Dion 
Cass., liv., 18; lv., 3 ; lx., 11.) — 12. (Cic. ad Q. Frat., ii., 13; 
ad Fam., i., 4.) — 13. (Fest, s. v. Senacula. — Varro, De Ling 
Lat., iv., p. 43, ed. Biji.) 

80? 



SENATUS. 



SENATUS 



every member gave his vote. The majority of 
votes always decided a question. The majority 
was ascertained either by numeratio or by discessio, 
that is, the president either counted the votes, 1 or 
the men who voted on the same side joined togeth- 
er, and thus separated from those who voted other- 
wise. This latter method of voting appears in later 
times to have been the usual one, and, according to 
Capito, 2 the only legitimate method. (Vid. Sen- 

ATUS CONSULTUM.) 

The subjects laid before the senate partly be- 
longed to the internal affairs of the state, partly to 
legislation, and partly to the finance ; and no meas- 
ure could be brought before the populus without 
having previously been discussed and prepared by 
the senate. The senate was thus the medium 
through which all affairs of the whole government 
had to pass : it considered and discussed whatever 
measures the king thought proper to introduce, and 
had, on the other hand, a perfect control over the 
assembly of the populus, which 5 could only accept 
or reject what the senate brought before it. When 
a king died, the royal dignity, until a successor was 
elected, was transferred to the decern primi, 3 each 
of whom, in rotation, held this dignity for five days. 
The candidate for the royal power was first de- 
cided upon by the interreges, who then proposed 
him to the whole senate, and, if the senate agreed 
with the election, the intexrex of the day, at the 
command of the senate, proposed the candidate to 
the comitia, and took their votes respecting him. 4 
The will of the gods was then consulted by the au- 
gurs, and when the gods too sanctioned the elec- 
tion, 5 a second meeting of the populus was held, in 
which the augurs announced the sanction of the 
gods. Hereupon the king was invested with the 
powers belonging to his office. 

Under the Republic, the right of convoking the 
senate was at first only possessed by the dictators, 
praetors, or consuls, interreges, and the praefectus 
urbi, who also, like the kings of former times, laid 
before the senate the subjects for deliberation. 
The power of the senate was at first the same as 
under the kings, if not greater : it had the general 
care of the public welfare, the superintendence of 
all matters of religion, the management of all af- 
fairs with foreign nations ; it commanded the levies 
of troops, regulated the taxes and duties, and had, 
in short, the supreme control of all the revenue 
and expenditure. The order in which the sena- 
tors spoke and voted was determined by their rank 
as belonging to the majores or minores. 6 This 
distinction of rank, however, appears to have ceas- 
ed after the decemvirate, and even under the de- 
cemvirate we have instances of the senators speak- 
ing without any regular order. 7 It is also probable 
that after the decemvirate vacancies in the senate 
were generally filled with ex-magistrates, which 
had now become more practicable, as the number 
of magistrates had been increased. The tribunes 
of the people likewise obtained access to the delib- 
erations of the senate ; 8 but they had no seats in it 
yet, but sat before the opened doors of the curia. 9 
The senate had at first had the right to propose to 
the comitia the candidates for magistracies, but 
this right was now lost : the comitia centuriata 
had become quite free in regard to elections, and 
were no longer dependant upon the proposal of the 
sena'e. The curies only still possessed the right to 
sanction the election; but in the year B.C. 299 
they were compelled to sanction any election of 

1. (Fest., s. v. Numera.)— 2. (ap. Gell., xiv., 7.) — 3. (Liv., i., 
17.)— 4. (Dionys., ii., 58; iii., 36; iv., 40, 80.— Compare Wal- 
ter, p. 25, n. 28.)— 5. (Liv., i., 18.)— 6. (Cic, De Republ., ii., 
20.— Dionys., vi., 69 ; vii., 47.)— 7. (Dionys., vi., 4, 16, 19, 21.— 
Liv., ii , 39, 41.)— 8. (Liv., iii., 69 ; vi., 1.)— 9. (Val. Max., ii., 
«,* 7.) 



magistrates which the comitia might make, beloit 
it took place, 1 and this soon after became law b} 
the lex Maenia. 2 When, at last, the curies no longei 
assembled for this empty show of power, the sen- 
ate stepped into their place, and henceforth in elec- 
tions, and soon after, also, in matters of legislation, 
the senate had previously to sanction whatever the 
comitia might decide. 3 After the lex Hortensia, a 
decree of the comitia tributa became law even 
without the sanction of the senate. The original 
state of things had thus gradually become reversed, 
and the senate had lost very important branches ol 
its power, which had all been gained by the comi 
tia tributa. (Vid. Tribunus Plebis.) In its rela- 
tion to the comitia centuriata, however, the ancient 
rules were still in force, as laws, declarations of 
war, conclusions of peace, treaties, &c, were 
brought before them, and decided by them on the 
proposal of the senate.* 

The powers of the senate, after both orders were 
placed upon a perfect equality, may be thus briefly 
summed up. The senate continued to have the 
supreme superintendence in all matters of religion ; 5 
it determined upon the manner in which a war was 
to be conducted, what legions were to be placed at 
the disposal of a commander, and whether new 
ones were to be levied ; it decreed into what prov- 
inces the consuls and praetors were to be sent (vid. 
Provincia), and whose imperium was to be pro- 
longed. The commissioners who were generally 
sent out to settle the administration of a newly-con- 
quered country were always appointed by the sen- 
ate. 6 All embassies for the conclusion of peace or 
treaties with foreign states were sent out by the 
senate, and such ambassadors were generally sena- 
tors themselves, and ten in number. 7 The senate 
alone carried on the negotiations with foreign am- 
bassadors, 8 and received the complaints of subject 
or allied nations, who always regarded the senate 
as their common protector. 9 By virtue of this office 
of protector, it also settled all disputes which might 
arise among the municipia and colonies of Italy, 10 
and punished all heavy crimes committed in Italy 
which might endanger the public peace and securi- 
ty. 11 Even in Rome itself, the judices, to whom the 
praetor referred important cases, both public and 
private, were taken from among the senators, 12 and 
in extraordinary cases the senate appointed especial 
commissions to investigate them ; 13 but such a 
commission, if the case in question was a capital 
offence committed by a citizen, required the sanc- 
tion of the people. 14 When the Republic was in 
danger, the senate might confer unlimited power 
upon the magistrates by the formula " videant con- 
sumes, ne quid respublica dedmenti capiat," 15 which 
was equivalent to a declaration of martial law within 
the city. This general care for the internal and 
external welfare of the Republic included, as before, 
the right to dispose over the finances requisite for 
these purposes. Hence all the revenue and expendi- 
ture of the Republic were under the direct admin- 
istration of the senate, and the censors and quaes- 
tors were only its ministers or agents. ( Vid. Cen- 
sor, Quaestor.) All the expenses necessary for 
the maintenance of the armies required the sanc- 
tion of the senate before anything could be done, 
and it might even prevent the triumph of a return- 



1. (Cic. Brut., 14. — Aurel. Vict., De Vir. Illustr., 33.)— 2. 
(Orelli, Onom., iii., p. 215.)— 3. (Liv., i., 17.)— 4. (Walter, p. 
132.)— 5. (Gellius, xiv., 7.)— 6. (Liv., xlv., 17.— Appian, De Reb. 
Hisp., 99; De Reb. Pun., 135.— SaU., Jug., 16.)— 7. (Polyb., 
vi., 13.— Liv., passim.)— 8. (Polyb., 1. c— Cic. in Vatin., c. 15.) 
— 9. (Liv., xxix., 16 ; xxxix., 3 ; xlii., 14 ; xliii., 2. — Polyb., 1. c.) 
— 10. (Dionys., ii., 1. — Liv., ix., 20. — Varro, De Re Rust., iii., 
2.— Cic. ad Att., iv., 15 ; De Off., i., 10.) — 11. (Polyb., 1. c.)- 
12. (Id., vi., 17.) — 13. (Liv., xxxviii., 54; xxxix., 14; xl., 37 
44, &c.)— 14. (Polyb., vi., 16.— Liv.,xxvi.,33, &c.)— 15. (Sallurt 
Cat.. 29 — C?es. De Bell. Civ., i., 5, 7.) 



M^NATUS. 



bEJNATUS. 



iag general, by refusing to assigi. the money neces- 
sary for it. 1 There are, howevsr, instances of a 
general triumphing without the consent of the sen- 
ate. 2 

How many members were required to be present 
in order to constitute a full assembly is uncertain, 
though it appears that there existed some regula- 
tions on this point, 3 and there is one instance on 
record in which at least one hundred senators were 
required to be present. 4 The presiding magistrate 
opened the business, and as the senators sat in the 
following order, princeps senatus, consulares, cen- 
sorii, praetorii, aedilicii, tribunicii, quaestorii, it is 
natural to suppose that they were asked their opin- 
ion and voted in the same manner (suo loco sen- 
tentiam dicere 5 ). Towards the end of the Republic, 
the order in which the question was put to the 
senators appears to have depended upon the dis- 
cretion of the presiding consul, 6 who called upon 
each member by pronouncing his name {nomina- 
tim 1 ) ; but he usually began with the princeps sena- 
tus, 8 or, if consules designati were present, with 
them. 9 The consul generally observed all the 
year round the same order in which he had com- 
menced on the first of January. 10 A senator, when 
called upon to speak, might do so at full length, and 
even introduce subjects not directly connected with 
the point at issue. 11 It depended upon the presi- 
dent which of the opinions expressed he would put 
to the vote, and which he would pass over. 12 Those 
men who were not yet real senators, but had only 
a seat in the senate on account of the office they 
held or had held, had no right to vote, but merely 
stepped over to the party they wished to join, and 
they were now called senatores pedarii. 13 When a 
senatus consultum was passed, the consuls ordered 
it to be written down by a clerk in the presence of 
some senators, especially of those who had been 
most interested in it or most active in bringing it 
about. 1 * (Vid. Senatus Consultum.) Asenatewas 
not allowed to be held before sunrise, or to be pro- 
longed after sunset : 15 on extraordinary emergen- 
cies, however, this regulation was set aside. 16 

During the latter part of the Republic the senate 
was degraded in various ways by Sulla, Caesar, and 
others, and on many occasions it was only an in- 
strument in the hands of the men in power. In 
this way it became prepared for the despotic gov- 
ernment of the emperors, when it was altogether 
the creature and obedient instrument of the prin- 
ceps. The emperor himself was generally also 
princeps senatus, 17 and had the power of convoking 
both ordinary and extraordinary meetings, 18 al- 
though the consuls, praetors, and tribunes continued 
to have the same right. 19 The ordinary meetings, 
according to a regulation of Augustus, were held 
twice in every month. 20 A full assembly required 
the presence of at least 400 members, but Augustus 
himself afterward modified this rule according to 
the difference and importance of the subjects which 
might be brought under discussion. 21 At a later peri- 
od we find that seventy, or even fewer, senators con- 
stituted an assembly. 22 The regular president in the 



1. (Polyb., vi., 15.) —2. (Liv., iii., 63 ; vii., 17 ; ix., 37.) — 3. 
(Liv., xxxviii., 44 ; xxxix., 4. — Cic. ad Fam., viii., 5. — Festus, 
». v. Numera.) — 4. (Liv., xxxix.. 18.) — 5. (Cic, Philip., v., 17 ; 
xiv , 13, <fcc. ; ad Att., xii., 21.) — 6. (Varro ap. Gell., xiv., 7.) 
—7. (Cic, c. Verr., iv , 64.)— 8. (Cic, Pro Sext., 32.)— 9. (Sal- 
liiKt, Cat., 50.— Appiav., De Bell. Civ., ii., 5.)— 10. (Suet., Caes., 
21.)— 11. (Cic, De Legg., ni., 18. — Gell., iv., 10.— Tacit., .An- 
nul., ii., 38; xiii., 49. — Compare Cic, Philip., vii.) — 12. (Polyb., 
xxxiii., 1. — Cic. ad Fam., i., 2; x., 12. — C<es., De Bell. Civ., i., 
2 )— 13. (Gell., xiii., 8.) — 14. (Polyb., vi., 12.— Cic, De Orat., 
iii., 2; ad Fam., viii., 8.) — 15. (Varro ap. Gell., I.e.) — 16. 
fOionys., iii., 17. — Macrob., Sat., i., 4.) — 17. (Dion Cass., liii., 
1 ; lvii.,8; lxxiii., 5.) — 18. (Dion Cass., liv., 3. — Lex De Im- 
l-eno Vespas.)— 19. (Tacit., Hist., iv., 39.— Dion Cass., lvi., 47 j 
iix., 24 ; lx., 16, <fcc)— 20. (Suet., Octav., 35.— Dion Cass., Iv., 
3.)— 21 (Dion Cass., liv., 35 ; lv., 3.)— 22. (Lamprid., Alex. Sev., 
•J 



assembly was a consul, or the emperor himself, if 
he was invested with the consulship. 1 At extraor- 
dinary meetings, he who convoked the senate was 
at the same time its president. The emperor, how- 
ever, even when he did not preside, had, by virtue 
of his office of tribune, the right to introduce any 
subject for discussion, and to make the senate de- 
cide upon it. 2 At a later period this right was ex 
pressly and in proper form conferred upon the em 
peror, under the name of jus rclationis ; and, accord- 
ingly, as he obtained the right to introduce three 01 
more subjects, the jus was called jus tertice, quarto:, 
quinta, 4*c, relationis. 3 The emperor introduced 
his proposals to the senate by writing {oratio, libel- 
lus, cpistola pri?icipis), which was read in the senate 
by one of his quaestors. 4 (Vid. Orationes Prin- 
cipum.) The praetors, that they might not be ill 
ferior to the tribunes, likewise received the jus re- 
lationis. 5 The mode of conducting the business, 
and the order in which the senators were called 
upon to vote, remained, on the whole, the same as 
under the Republic ; 6 but when magistrates were 
to be elected, the senate, as in former times the 
comitia, gave their votes in secret with little tab- 
lets. 7 The transactions of the senate were, from 
the time of Caesar, registered by clerks appointed 
for the purpose, under the superintendence of a 
senator. 8 In cases which required secrecy (sena- 
tus consultum taciturn), the senators themselves offi- 
ciated as clerks. 9 

As the Roman emperor concentrated in his own 
person all the powers which had formerly been pos- 
sessed by the several magistrates, and without 
limitation or responsibility, it is clear that the sen- 
ate, in its administrative powers, was dependant 
upon the emperor, who might avail himself of its 
counsels or not, just as he pleased. In the reign 
of Tiberius, the election of magistrates was trans- 
ferred from the people to the senate, 10 which, how- 
ever, was enjoined to take especial notice of those 
candidates who were recommended to it by the em- 
peror. This regulation remained, with a short in- 
terruption in the reign of Caligula, down to the 
third century, when we find that the princeps alone 
exercised the right of appointing magistrates. 11 At 
the demise of an emperor, the senate had the right 
to appoint his successor, in case no one had been 
nominated by the emperor himself; but the senate 
had in very rare cases an opportunity to exercise 
this right, as it was usurped by the soldiers. The 
aerarium, at first, still continued nominally to be 
under the control of the senate, 13 but the emperors 
gradually took it under their own exclusive man- 
agement, 13 and the senate retained nothing but the 
administration of the funds of the city {area publico), 
which were distinct both from the aerarium and 
from the fiscus, 14 and the right of giving its opinion 
upon cases connected with the fiscal law. 15 Its 
right of coining money was limited by Augustus to 
copper coins, and ceased altogether in the reign of 
Gallienus. 16 Augustus ordained that no accusations 
should any longer be brought before the comitia, 17 
and instead of them he raised the senate to a high 
court of justice, upon which he conferred the right 
of taking cognizance of capital offences committed 

1. (Plin., Epist., ii., 11. — Panegyr., 76.) — 2. (Dion Cass., liii., 
32. — Lex De Imperio Vespas.) — 3. ( Vopisc, Prob., 12. — J. Capit., 
Pert., 5. — M. Antonin., 6. — Lamprid., Alex. Sev., 1.) — 4. (Dion 
Cass., liv., 25 ; lx., 2.— Suet., Octav., 65 ; Tit., 6.— Tacit., Annal., 
xvi., 27.— Dig. 1, tit. 13, s. 1,^2 and 4.)— 5. (Dion Cass., Iv., 3.) 
— 6. (Plin., Epist., viii., 14; ix., 13).— 7. (Id. ib., iii., 20 ; xi., 
5.)— 8. (Suet., Cses., 20— Octav., 36.— Tacit., Annal., v., 4, <fcc 
— Spart., Hadr., 3. — Dion Cass., lxxviii., 22.)— 9. (J. Capitol, 
Gord., 20.)— 10. (Veil. Paterc, ii., ]24.— Tac , Annal., i., 15.— 
Plin., Epist., iii., 20 ; vi., 19.) —11. (Dig. 48, tit. 14, s. 1.) —12. 
(Dion Cass., liii., 16, 22.) — 13. (Id. ib., lxxi., 33. —Vopisc, 
Aurel., 9, 12, 20.)— 14. (Vop., Aurel., 20, 45.)— 15. (Dig. 49, tit 
14, s. 15 and 42.)— 16. EckLel, D. N. ProJeg, c. 13.)— 17. (Dice 
Cass., lvi., 40.) 

869 



SENATUS. 



SENATUS CONSULTUM. 



by senators, 1 of crimes against the state and the 
person of the emperors, 2 and of crimes committed 
by the provincial magistrates in the administration 
of their provinces. The senate might also receive 
appeals from other courts, 3 whereas, at least from 
the time of Hadrian, there was no appeal from a 
sentence of the senate. 4 The princeps sometimes 
referred cases which were not contained in the 
above categories, or which he might have decided 
himself, to the senate, or requested its co-opera- 
tion. 5 Respecting the provinces of the senate, see 
Provincia. 

When Constantinople was made the second capi- 
tal of the Empire, Constantine instituted also a 
second senate in this city, 6 upon which Julian con- 
ferred all the privileges of the senate of Rome. 7 
Both these senates were still sometimes consulted 
by the emperors in an oratio upon matters of legis- 
lation : 8 the senate of Constantinople retained its 
share in legislation down to the ninth century. 9 
Each senate also continued to be a high court of jus- 
tice, to which the emperor referred important crimi- 
nal cases. 10 Capital offences committed by senators, 
however, no longer came under their jurisdiction, 
but either under that of the governors of provinces, 
or of the prefects of the two cities. 11 Civil cases 
of senators likewise belonged to the forum of the 
prsefectus urbi. 12 The senatorial dignity was now 
obtained by descent, 13 and by having held certain 
offices at the court, or it was granted as an especial 
favour by the emperor on the proposal of the sen- 
ate. 14 To be made a senator was indeed one of 
the greatest honours that could be conferred, and 
was more valued than in the times of the Republic ; 
but its burdens were very heavy, for not only had 
the senators to give public games, 15 to make rich 
presents to the emperors, 16 and, in times of need, 
extraordinary donations to the people, 17 but, in ad- 
dition, they had to pay a peculiar tax upon their 
landed property, which was called folks or gleba. lb 
A senator who had no landed property was taxed 
at two folles. 19 It was, therefore, only the wealth- 
iest persons of the Empire, no matter to what 
part of it they belonged, that could aspire to the 
dignity of senator. A list of them, together with 
an account of their property, was laid before the 
emperor every three months by the prefect of the 
city. 20 Down to the time of Justinian the consuls 
were the presidents of the senate, but from this 
time the prsefectus urbi always presided. 21 

It now remains to mention some of the distinc- 
tions and privileges enjoyed by Roman senators : 

1. The tunica with a broad purple stripe (latus cla- 
vus) in front, which was woven in it, and not, as is 
commonly believed, sewed upon it. 22 2. A kind of 
short boot, with the letter C on the front of the foot. 23 
This C is generally supposed to mean centum, and 
to refer to the original number of 100 {centum) sen- 

1. (Dion Cass., lii., 31, &c. — Suet., Calig., 2. — Tacit., Annal., 
xiii., 44. — J. Capitol., M. Antonin., 10.) — 2. (Dion Cass.,lvii., 15, 
17, 22 ; lx., 16 ; lxxvi., 8.— Suet., Octav., 66. — Tacit., Annal., 
iii., 49, &c.)— 3. (Suet., Nero, 17.— Tacit., Annal., xiv., 28.— J. 
Capitol., M. Antonin., 10. — Vopisc, Prob., 13.) — 4. (Dion Cass^, 
lix., 18.— Dig. 49, tit. 2, s. 1, 9 2.)— 5. (Suet., Claud., 14, 15.— 
Nero, 15. — Domit., 8, &c.) — 6. (Sozomen, ii., 2. — Excerpt, de 
gest. Const , 30.) — 7. (Zosim., iii., 11. — Liban., Orat. ad Theo- 
dos., ii.,p. 393, ed. Morel].)— 8. (Cod. Theod., vi., tit. 2, s. 14.— 
Symmach., Epist., x., 2, 28. — Cod., i., tit. 14, s. 3.) — 9. (Nov. 
Leon., 78.) — 10. (Amr.i- Marcell., xxviii., 1, 23. — Symmach., 
Epist., iv., 5.— Zosiu., V , 11, 38.)— 11. (Walter, p. 367, &c.)— 
12. (Cod " ; " ; \ 24, «. 3-— Symmach., Epist., x., 69.)— 13. (Cod. 
" n '— r' ,„. 2, s. 2 ; xii., tit. 1, s. 58. — Cassiod., Variar., iii., 

.,—14. (Cod. Theod., 1. c. — Symmach., Epist., x., 25, 118.) — 
15. (Symmach., Epist., x., 25, 28.) — 16. (Cod. Theod., vi., tit. 

2, s. 5.) — 17. (Zosim., v., 41. — Symmach., Ep., vi., 14, 26 ; vii., 
68.)— 18. (Zosim., ii., 32.— Cod. Theod., vi., lit. 2.— Symmach., 
Ess., iv., 61.) — 19. (Cod. Theod., vi., tit. 2, s. 2 ; vi., tit. 4, s 
21.)— 20. (Symm., Ep., x., 66, &c.)— 21. (Cod. Theod., vi., tit. 
6, s 1.— Nov. Inst., 62.)— 22. (Acron. ad Hor., Sat., i., 5, 35.— 
Compare i., 6, 28.— Quinct., xi., 3.)— 23. (Juv., vii., 192.— Cic., 
Phil., xiii. 13.) 

870 



ators. 3. The right of sitting in the orchestra Ir 
the theatres and amphitheatres. This distinction 
was first procured for the senators by Scipio Afri- 
canus Major, 194 B.C. 1 The same honour was 
granted to the senators in the reign of Claudius at 
the games in the circus. 2 4. On a certain day in 
the year a sacrifice was offered to Jupiter in the 
Capitol, and on this occasion the senators alone 
had a feast in the Capitol ; the right was called the 
jus publice epulandt. 3 5. The jus libera. Icgationis. 
(Vid. Legatus, p. 576.) 

SENATUS CONSULTUM. In his enumeration 
of the parts of the jus civile, Cicero includes sena- 
tus consulta, 4 from which it appears that in his time 
there were senatus consulta which were laws. Nu 
merous leges, properly so called, were enacted in 
the reign of Augustus, and leges properly so called 
were made even after his time. It was under 
Augustus, however, that the senatus consulta be 
gan to take the place of leges properly so called, 
a change which is also indicated by the fact that 
until his time the senatus consulta were not desig- 
nated by the names of the consuls, or by any other 
personal name, so far as we have evidence. But 
from that time we find the senatus consulta desig 
nated either by the name of the consuls, as Apro 
nianum, Silanianum, or from the name of the Cae 
sar, as Claudianum, Neronianum ; or they are des 
ignated as made " auctore" or " ex auctoritate Hadri- 
ani," &c, or "ad orationem Hadriani," &c. The 
name of the senatus consultum Macedonianum is 
an exception, as will afterward appear. 

Senatus consulta were enacted in the republican 
period, and some of them were laws in the proper 
sense of the term, though some modern writers 
have denied this position. But the opinion of those 
who deny the legislative power of the senate during 
the republican period is opposed by facts. An at 
tempt has sometimes been made to support it by a 
passage of Tacitus (" turn primum e campo comitia 
ad patres translata sunt" 6 ), which only refers to the 
elections. It is difficult, however, to determine how 
far the legislative power of the senate extended. 
A recent writer 6 observes "that the senatus con- 
sulta were an important source of law for matters 
which concerned administration, the maintenance 
of religion, the suspension or repeal of laws in the 
case of urgent public necessity, the rights of the aera- 
rium and the publicani, the treatment of the Italians 
and the provincials." 7 The following are instances 
of senatus consulta under the Republic : a sena- 
tus consultum " ne quis in urbe sepeliretur ;" the sen- 
atus consultum De Bacchanalibus, hereafter more 
particularly mentioned ; a senatus consultum De 
Libertinorum Tribu ; 8 a senatus consultum De Sum- 
tibus at the Megalenses ludi ; 9 a senatus consultum 
" ne homo immolaretur ;" 10 a senatus consultum De 
Provinciis Quaestoriis ; a senatus consultum made 
M. Tullio Cicerone referente to the effect, " ut le- 
gationum liber arum tempus annuum esset ;" various 
senatus consulta De Collegiis Dissolvendis ; an old 
senatus consultum, " senatus consultum vetus ne lice- 
ret Africanas (bestias) in Italiam advehere," which 
was so far repealed by a plebiscitum proposed by 
Cn. Aufidias, tribunus plebis, that the importation 
for the purpose of the Circenses was made legal; 11 
an old senatus consultum by which "quaestio (ser- 
vorum) in caput domini prohibebatur ;" 18 a rule of law 
which Cicero 13 refers to mores as its foundation. 
From these instances of senatus consultum made 



1. (Liv.,xxxiv.,54— Cic, Pro Cluent., 47.)— 2. (Suet., Claud.. 
21.— Dion Cass., 1*., 7.)— 3. (Gell., xii., 8.— Suet., Octav., 35.) 
— 4. (Top., 5.) — 5. (Ann., i., 15.) — 6. (Walter, Geschichte des 
Horn. Rechts, 437.)— 7. (Liv., xxvi., 34 ; xxxix., 3 ; xii., 9.)— 8 
(Liv., xlv., 15.)— 9. (Gell., ii., 24.)— 10. (Plin., II. N., xxx., l.j 
—11. (Plin., H. N., viii., 17.)— 12. (Ta it., Ann., ii., 30 )- -13. 
(Pr_> Milon , 22.) 






SENATUS CQNSULTUM. 



SENATUS CONSULTUM. 



in the republican period, we may collect, in a gen- 
eral way, the kind of matters to which this form of 
legislation applied. The constitution of the senate 
was such as to gradually bring within the sphere 
of its legislation all matters that pertained to reli- 
gion, police, administration, provincial matters, and 
all foreign relations. And it seems that the power 
of the senate had so far increased at the time of the 
accession of Augustus, that it was no great change 
to make it the only legislating body. Pomponius, 1 
though his historical evidence must be received 
with caution, states the matter in a way which is 
generally consistent with what we otherwise know 
of the progress of senatorial legislation : " As the 
plebs found it difficult to assemble, &c., it was a 
matter of necessity that the administration of the 
state came to the senate : thus the senate began 
to act, and whatever the senate had detsrmined 
(constituisset) was observed (observabatur), and the 
law so made is called senatus consultum." 

The senatus consultum was so named because 
the consul (qui retulit) was said " senatum consu- 
lere :" " Mar civs L. F. S. Postvmivs L. F. Cos. Sen- 
atvm Consolvervnt" CSenatus consultum De Bac- 
chanalibus). In the senatus consultum De Philo- 
sophis et De Rhetoribus, 2 the praetor " consuluit." 
In the enacting part of a lex the populus were said 
"jubere," and in a plebiscitum, " scire :" in a sena- 
tus consultum the senate was said " censere .-" " De 
Bacchanalibvs, fyc, ita exdeicendvm censvere" (S. C. 
De Bacch). In the senatus consulta of the time of 
Augustus cited by Frontinus, 3 the phrase which fol- 
lows " censucre" is sometimes "placcre huic ordini." 
In Tacitus the verb " censere'" is also applied to the 
person who made the motion for a senatus consult- 
um.* Sometimes the term " arbitrari" is used ; 5 
and Gaius, 6 writing under the Antonines, applies to 
the senate the terms which originally denoted the 
legislative power of the populus : " Senatus jubct at- 
que constituil ; idqae Ir.gis vicem optinct, quamvis fuit 
qvasitum." 

The mode in which the legislation of the senate 
was conducted in the imperial period is explained 
in the article Orationes Principum. 

Certain forms were observed in drawing up a 
senatus consultum, of which there is an example 
in Cicero : 7 " S. C. Auctoritates" (for this is the 
right reading), " Pridie Kal. Octob. in Mde Apolli- 
nis, scribendo adfucrunt L. Domitius Cn. Filius Ahe- 
nobarbus, df-c. Quod M. Marcellus Consul V. F. (ver- 
ba fecit) deprov. Cons. D. E. R. I. C. (dc ea re ita cen- 
suerunt Uti, <5fC.)." The preamble of the senatus 
consultum De Bacchanalibus is similar, but the 
names of the consuls come at the beginning, and 
the word is " consolvervnt ;" the date and place are 
also given ; and the names of those qui scribendo ad- 
fucrunt (SC. ARF. in the inscription). The names 
of the persons who were witnesses to the drawing 
up of the senatus consultum were called the " auc- 
toritates " and these auctoritates were cited as evi- 
dence of the fact of the persons named in them hav- 
ing been present at the drawing up of the S. C. ("id 
quod in aucloritatibus prcescriptis extat" 6 ), from which 
passage, and from another 9 ("Mud S. C. ea pra- 
scriptione est"), in which Cicero refers to his name 
being found among the auctoritates of a S. C. as a 
proof of his friendship to the person whom the S. C. 
concerned, it is certain that " prascribo" in its va- 
rious forms, is the proper reading in these senatus 
consulta. (Compare the similar use of praescriptio 
in Roman pleadings, vid. Pr;escriptio.) There 
can be no doubt that certain persons were required 



to be present " scribendo," but others might assist 
if they chose, and a person in this way might tes- 
tify his regard for another on behalf of whom, or 
with reference to whom, the S. C. was made 
(" Cato autem et scribendo adfuit" &c l ). Besides 
the phrase "scribendo adesse," there are "esse ad 
scribendum" 2 and " poni ad scribendum" (as to which, 
see the curious passage in Cicero 3 ). When a S. C. 
was made on the motion of a person, it was said 
to be made " in scntentiam ejus." If the S. C. was 
carried, it was written on tablets and placed in the 
aerarium : the S. C. De Bacchanalibus provides that 
it shall be cut on a bronze tablet, but this was for 
the purpose of its being put up in a public place 
where it could be read (vbei facilivmed gnoscier po- 
tisit). 

A measure which was proposed as a senatus con 
sultum might be stopped by the intercessio of the 
tribunes, and provision was sometimes made for 
farther proceeding in such case : " si qms huic sen- 
atus consulto intercesserit senatui placcre auclorilatem 
perscribi (prcescribi) et de ea re ad senatum populum- 
que referri."* This explains one meaning of sena- 
tus auctoritas, which is a senatus consultum which 
has been proposed and not carried, and of which r 
record was kept with the ; ' auctoritates eorum qu 
scribendo adfucrunt." In one passage Cicero cal ! 
a S. C. which had failed, owing to an intercessio, 
an auctoritas. 5 One meaning of auctoritas, in fact, 
is a S. C. proposed, but not yet carried ; and this 
agrees with Livy: 6 "'Si quis intercedat sto, auctor- 
itatc se fore contentum." If senatus auctoritas oc- 
casionally appears to be used as equivalent to sen 
atus consultum, it is an improper use of the word, 
but one which presents no difficulty if we consider 
that the names which denote a thing in its two 
stages are apt to be confounded in popular language, 
as with us the words bill and act. In its general 
and original sense, senatus auctoritas is any meas- 
ure to which a majority of the senate has assented. 
(See the note of P. Manutius on Cicero. 7 ) 

The proper enacting word in the senatus consul- 
ta is " censeo" but the word " deccrno" was also 
used in ordinary language to express the enacting 
of a senatus consultum" (Senatus decrevit ut, 4-c. 9 ). 
But a senatus consultum, which was a law in the 
proper sense of the term, is not called a decretum, 
which was a rule made by the senate as to some 
matter which was strictly within its competence. 
The words decretum and senatus consultum a-e 
often used indiscriminately, and with little precis- 
ion. 10 (Vid. Decretum.) 

The forms of the senatus consulta are the best 
evidence of their character. The following are 
some of the principal senatus consulta which are 
preserved : the senatus consultum De Tiburtibus, 
printed by Gruter and others ; the senatus consult- 
um De Bacchanalibus ; the senatus consultum in 
the letter of Cicero already referred to ; u the six 
senatus consulta about the Roman aqueducts in 
the second book of Frontinus, De Aqusedactibus : 
the senatus consultum about the Aphrodisienses ;" 
the oration of Claudius ; 13 the various senatus con- 
sulta preserved in the Digest, which are mentioned 
in a subsequent part of this article. See also the 
senatus consultum printed in Sigonius, " De Anti- 
quo Jure Provinciarum," i., 28S. 

The following list of senatus consulta contains 
perhaps all of them which are distinguished by the 
name of a consul or other distinctive name. Nu- 



1. (Dig. 1, tit. 2, s. 2.)— 2. (Gell., xv., 11.) — 3. (De Aquae- 
uct. Roma, ii.)— 4. (Ann., iv., 20.) — 5. (Dig. 16, tit. 1, s. 2.) 
— 6. (i., 4.)— 7. (Ep. ad Div., viii., 8.)— 8. (Cic, De Or., i., 2.) 
-9. (Cic-.Ep. udDiv.,Y.,2.) .| 



1. (Cic, Ep. ad Ati, vii., 1.)— 2. (Id. il>., i., 19.)— 3. (ad 
Div., ix., 15.) —4. (Id. ib., viii., 8.) —5. (Id. ib., i., 7.)— 6. (iv., 
57.)— 7. (ad Div., v., 2.)— 8. (Id. ib., viii., 8.)— 9. (Id., ad Att., 
i., 19.)— 10. (Gell., ii., 24.— Vid. ^Elius Gallus ap. Festum, 8. v. 
Senatus decretum ) — 11. (Cic, Philipp., v., 13. — Gell., xv., 11.) 
— 12. (Tacit.. Ann., lii., 62.— Tacit., ed. Obcrlin., ii., 835.)- 13 
(Id. ib., xi., 2i.— Tacit., ed. Oberlin., ii., 606.) 

871 



,>ENATUS CONSULTUM. 



SENATUS CONSULTUM. 



me:.ous senatus consulta under the Empire are re- 
ferred to in the Latin writers, for which we find no 
distinctive name, though it is probable that all of 
them had a title like the leges, but many of them 
being of little importance, were not much referred 
to or cited, and thus their names were forgotten. 
Tacitus, for instance, often speaks of S. C. without 
giving theii names, and in some cases we are able 
to affix the titles from other authorities. Many of 
the imperial senatus consulta were merely amend- 
ments of leges, but they were laws in the proper 
sense of the word. 

Some of the senatus consulta of the republican 
period were laws, as already observed, but others 
were only determinations of the senate, which be- 
came leges by being carried in the comitia. Such 
S. C. were really only auctoritates. One instance 
of this kind occurred on the occasion of the trial of 
Clodius for violating the mysteries of the Bona Dea. 
A rogatio on the subject of the trial was proposed 
to the comitia ex senatus consulto, 1 which is also 
spoken of as the auctoritas of the senate, and as 
" quod ah senatu constitutum" (the word of Gains, 

i., 4). 

Apronianum, probably enacted in the time of Ha- 
drian, empowered all civitates which were within the 
Roman imperium to take a fideicommissa hereditas. 
This senatus consultum is cited by Ulpian 2 without 
the name ; but it appears, from comparing Ulpian 
with the Digest, 3 to be the senatus consultum Apro- 
nianum. A senatus consultum also allowed civita- 
tes or municipia, which were legally considered as 
universitates, to be appointed heredes by their li- 
berti or libertae. Ulpian speaks of this senatus con- 
sultum in the passage referred to, immediately 
before he speaks of that senatus consultum which 
we know to be the Apronianum, and it appears 
probable that the two senatus consulta were the 
same, for their objects were similar, and they are 
mentioned together without any indication of their 
being different. This last-mentioned provision is 
also mentioned in the Digest 4 as being contained in 
a senatus consultum which was postes lor to the Tre- 
bellianum, but the name is not given in the Digest. 
Under this provision a municipium could obtain the 
bonorum possessio. Bachius 5 assigns the senatus 
consultum to the reign of Trajan ; but it appears to 
belong to the time of Hadrian, and to be the same 
senatus consultum which allowed civitates to take a 
legacy. 6 

Articuleianum gave the prseses of a province 
jurisdiction in the case of fideicommissa libertas, 
even when the heres did not belong to the province. 
The heres could be compelled to give the libertas 
which was the subject of the fideicommissum. ( Vid. 
Manumissio, p. 61G. 7 ) 

De Bacchanalibus. This senatus consultum, 
which is sometimes called Marciahum, was passed 
in the year B.C. 186. The terms of it are stated 
generally by Livy, 8 and may be compared with the 
original senatus consultum, which is printed in the 
edition of Livy by Drakenborch, and in that by J. 
Clericus, Amsterdam, 1710. There is a dissertation 
on this senatus consultum by Bynkershoek, 9 who 
has printed the senatus consultum, and commented 
upon it at some length. The provisions of this 
senatus consultum are stated generally under Dio- 
nysia, p. 366. There is no ancient authority, as it 
appears, for the name Marcianum, which has been 
given to it from the name of one of the consuls who 
proposed it, and in accordance with the usual titles 
of senatus consultum in the imperial period. 

1. (Cic. ad Att., i., 14.)— 2. (Frag., tit. 22.)— 3. (36, tit 1, a. 
26.)— 4. (36, tit. 3.)— 5. (Historia Jurisprudentise Romans.)— 6. 
(Ulp., Frag., tit. 24.)— 7. (Dig. 40, tit, 5, s. 44, 51.)— 8. (xxxix., 
18.)— 9. (De CuPu Religionis Feregrinae apud Veteres Iloiaa- 
aos, Op., i., 412.) 
872 



Calvitianum. 1 {Vid. Julia et Papia Pjpp^a 
Lex, p. 557.) 

Claudianum, passed in the time of the Emperot 
Claudius, reduced a free woman to the condition of 
a slave (ancilla) if she cohabited with the slave of 
another person, after the master had given her no- 
tice that he would not permit it. But if a woman 
who was a Roman citizen cohabited with a slave 
with the consent of the slave's master, she might, 
by agreement with the master, remain free, and yet 
any child born from this cohabitation would be a 
slave ; for the senatus consultum made valid any 
agreement between the free woman and the slave's 
master, and by such agreement the woman was 
relieved from the penalty of the senatus consultum. 
But Hadrian, being moved thereto by a considera- 
tion of the hardness of the case and the incongruity 
of this rule of law (inelegantia juris), restored the 
old rule of the jus gentium, according to which the 
woman continuing free, was the mother of a free 
child. 

A difficulty arose on the interpretation of this 
senatus consultum for which the words of the law 
had not provided. If a woman who was a Roman 
citizen was with child, and became an ancilla pur- 
suant to the senatus consultum in consequence of 
cohabiting with a slave contrary to the master's 
wish, the condition of the child was a disputed mat 
ter : some contended that if the woman had become 
pregnant in a legal marriage, the child was a Roman 
citizen ; but if she had become pregnant by illicit 
cohabitation, the child was the property of the per- 
son who had become the master of the mother. 
(Vid. Servus, Roman.) 

There is an apparent ambiguity in a passage of 
Gaius, 2 in which he says, " but that rule of the 
same lex is still in force, by which the issue of a 
free woman and another man's slave is a slave, if 
the mother knew that the man with whom she co 
habited was a slave." The lex of which he speaks 
is the lex iElia Sentia. The exception in the sen- 
atus consultum of Claudius applied to the case of a 
compact between a free woman and the master of 
the slave, which compact implies that the woman 
must know the condition of the slave, and there- 
fore, according to the terms of the lex, the issue 
would be slaves. But Gaius says 3 that under this 
senatus consultum the woman might, by agreement, 
continue free, and yet give birth to a slave ; for the 
senatus consultum gave validity to the compact be- 
tween the woman and the master of the slave. At 
first sight it appears as if the senatus consultum pro- 
duced exactly the same effect as the lex with re- 
spect to the condition of the child. But this is 
explained by referring to the chief provision of the 
senatus consultum, which was, that cohabitation with 
a slave " invito et denuntianie domino" reduced the 
woman to a servile condition, and it was a legal 
consequence of this change of condition that the 
issue of her cohabitation must be a slave. The lex 
iElia Sentia had already declared the condition of 
children born of the union of a free woman and a 
slave to be servile. The senatus consultum added 
to the penalty of the lex by making the mother a 
slave also,- unless she cohabited with the consent of 
the master, and thus resulted that " inelegantia ju- 
ris" by which a free mother could escape the pen- 
alty of the senatus consultum by her agreement, and 
yet her child must be a slave pursuant to the lex. 
Hadrian removed this inelegantia by declaring that 
if the mother, notwithstanding the cohabitation, es- 
caped from the penalties of the senatus consultum 
by virtue of her compact, the child also should 
have the benefit of the agreement. The senatus 



1. (Ulp., Frag., tit. xvi.)— 2. (i., 86.)-3. (i., 84.) 



SENATUS CONSULTUM. 



SENATUS CONSULTUM. 



consultum only reduced the cohabiting woman to a 
servile state when she cohabited with a man's slave 
" invito et denuntiante domino :" if she cohabited 
with him, knowing him to be a slave, without the 
knowledge of the master, there could be no denun- 
liatio ; and this case, it appears, was not affected 
by the senatus consultum, for Gaius observes, as 
above stated, 1 that the lex had still effect, and the 
offspring of such cohabitation was a slave. The 
fac;t of this clause of the lex remaining in force 
alter the enacting of the senatus consultum, appears 
to be an instance of the strict interpretation which 
the Roman jurists applied to positive enactments ; 
for the senatus consultum of Hadrian, as stated by 
Gaius, only applied to the case of a contract be- 
tween the masters slave and the woman, and 
therefore its terms did not comprehend a case of 
cohabitation when there was no compact. Besides 
this, if a free woman cohabited with a man's slave 
either without the knowledge of the master or with 
his knowledge, but without the " denuntiatio" it 
seems that this was considered as if the woman 
simply indulged in promiscuous intercourse {vulgo 
concepil), and the mother being free, the child also 
was free by the jus gentium till the lex attempted 
to restrain such intercourse by working on the pa- 
rental affections of the mother, and the senatus con- 
sultum by a direct penalty on herself. There was 
a "juris ineleganiia" in a free woman giving birth 
to a slave, but this was not regarded by Hadrian, 
who was struck by the inelegantia of a woman by 
compact being able to evade the penalty of the sen- 
atus consultum, while her child was still subject to 
the penalty of the lex. 

This senatus consultum was passed A.D. 52, and 
is mentioned by Tacitus, but the terms in which he 
expresses himself do not contain the true meaning 
of the senatus consultum, and in one respect, " sin 
conscnsisset dominus, pro libertis haberentur" they 
differ materially from the text of Gaius, unless the 
reading "libertis" should be " liberis." 2 It appears, 
however, from a passage in Paulus, 3 that a woman, 
in some cases which are not mentioned by him, was 
reduced to the condition of a liberta by the senatus 
consultum ; a circumstance which confirms the 
accuracy of the text of Tacitus, but also shows how 
very imperfectly he has stated the senatus consult- 
um. Suetonius 4 attributes the senatus consultum 
to the reign of Vespasian, and expresses its effect 
in terms still more general and incorrect than those 
of Tacitus. Such instances show how little we can 
rely on the Roman historians for exact information 
as to legislation. 

It appears from Paulus that the provisions of this 
senatus consultum are stated very imperfectly even 
by Gaius, and that they applied to a great number 
of cases of cohabitation between free women, wheth- 
er ingenuae or libertinae, and slaves. 

This senatus consultum was entirely repealed by 
a constitution of Justinian. Some writers refer the 
words " ea lege" 6 to the senatus consultum Claudia- 
num, and they must, consequently, refer the words 
11 ejusdem Icgis"" 6 also to this senatus consultum ; but 
the word " lex" in neither case appears to refer to 
the senatus consultum, but to the lex iElia Sentia. 7 

There were several other senatus consulta Clau- 
diana, of which there is a short notice in Jo. Augus- 
ti Bachii Historia Jurisprudentiae Romanae. 

Dasumianum, passed in the reign of Trajan, rela- 
ted to fideicommissa libertas. 8 

Hadriani Senatus Consulta. Numerous sena- 

1. (i., 86.)— 2. (Vid. the notes on TacitU3, Ann., xii., 53, ed. 
Oberlin.)— 3. (S. R., iv., tit. 10.)— 4. (Vesp., 11.)— 5. (Gaius. i., 
85.)-6. (Id., i., 86.)— 7. (Id., i., 84, 86, 91, 160.-Ulp., Frag., 
tit. xi.— Cod., vii., tit. 24.— Paulus, S. R., ii., tit. 21.)— 8. (D.g. 
40. tit. 5, s. 51.) 

58 



tus consulta were passed in the reign of Hadrian 
but there does not appear to be any which is called 
Hadrianum. Many senatus consulta of this reign 
are referred to by Gaius as " senatus consulta auctore 
Hadriano facta,'" 1 of which there is a list in the in- 
dex to Gaius. The senatus consulta made in the 
reign of Hadrian are enumerated by Bachius, and 
some of them are noticed here under their proper 
designations. 

Juncianum, passed in the reign of Commodus, re- 
lated to fideicommissa libertas. 3 This senatus con- 
sultum is preserved in one of the passages of the 
Digest referred to. 

Junianum, passed in the time of Domitian, in the 
tenth consulship of Domitian, and in the consuls!:*.. p 
of Ap. Junius Sabinus, A.D. 84, had for its object 
to prevent collusion between a master and his slave, 
by which the slave should be made to appear to be 
as a free man. The person who discovered the col 
lusion obtained the slave as his property. 3 

Largianum, passed in the first year of the Em- 
peror Claudius, A.D. 42, gave to the children of a 
manumissor, if they were not exheredated by name, 
a right to the bona of Latini in preference to extra- 
nei heredes.* {Vid. Patronus, p. 746.) 

Libonianum, passed in the reign of Tiberius, in 
the consulship of T. Statilius Taurus and L. Scribo- 
nius Libo, A.D. 16, contained various provisions, 
one of which was to the effect that if a man wrote 
a will for another, everything which he wrote in his 
own favour was void : accordingly, he could not 
make himself a tutor, 9 nor heres or legatarius. 6 
This senatus consultum contained other provisions, 
and it appears to have been an extension of the lex 
Cornelia de Falsis. 7 {Vid. Falsum.) 

Macedonianum, enacted A.D. 46, provided that 
any loan of money to a filiusfamilias could net be 
recovered, even after the death of the father. The 
senatus consultum took its name from Macedo, a 
notorious usurer, as appears from the terms of the 
senatus consultum, which is preserved. 8 Theophi- 
lus 9 states incorrectly that the senatus consultum 
took its name from a filiusfamilias. The provision 
of the senatus consultum is cited by Tacitus, 10 but in 
such terms as might lead to ambiguity in the inter- 
pretation of the law. Suetonius 11 attributes thia 
senatus consultum to the time of Vespasian, but he 
states its provisions in less ambiguous terms than 
Tacitus. 

Memmianum. This name is sometimes given to 
the senatus consultum passed in the time of Nero, 
the terms of which are preserved by Tacitus : 12 "Ne 
simulata adoptio in ulta parte muneris publici juvaret, 
ac ne usurpandis quidem hercditatibus prodesset." 
The object of this senatus consultum was to prevent 
the evasion of the lex Julia et Papia Poppaea. ( Vid. 
Julia et Pap. Pop. Lex.) It is sometimes referred 
to the consulship of C. Memmius Regulus and Vir- 
ginius Rufus, A.D. 63, but it appears to belong to 
the preceding year. 13 

Neronianum de Legatis, the provisions of which 
are stated in the article Legatum. 1 * 

Neronianum, also called Pisonianum, from being 
enacted in the consulship of Nero and L. Calpurni- 
us Piso, A.D. 57. It contained various provisions : 
" Ut si quis a suis servis interfectus esset, ii quoque, 
qui testamento manumissi sub codem tecto mansissent, 
inter servos supplicia penderent :" 15 " Ut occisa uxore 
ctiam de familia viri quastio habcatur, idemque utjux- 

1. (i., 47, &c.)— 2. (Dig. 40, tit. 5, s. 28, 51.)— 3. (Dig. 40, 
tit. 16.)— 4. (Gaius, i ii., 63-71.— Inst., iii., tit. 7, s. 4.— Cod., vn.. 
tit. 6.)— 5. (Dig-. 26, tit. 2, s. 29.)— 6. (Dig. 34, tit. 8.)— 7. (Vid. 
also Coll.Legg. M. & R., viii., 7.)— 8. (Dig. 14, tit. 6.)— 9. (Pai- 
aphr. Inst.)— 10. (Ann., xi., 13.)— 11 (Vesp., II.)— 12. (Arm., 
xv., 19.)— 13. (Vid. Dig. 31, s. 51, and 35, tit. 1, s. 76.)— 14. (Gai- 
us, ii., 157, 198, 212, 218, 220, 222.— Ulp., Fray xxiv.)— J 5 (Ta 
cit., Ann., xiii.. 32.) 

37» 



SENATUS CONSULTUiVl. 



SENATUS CONSULTUM 



a uxoi is familiam observetur, si vir dicatur occisus" 
(Paulus, 1 who gives in substance, also, the provision 
mentioned by Tacitus, but adds, " Sect et hi torquen- 
tur, qui cum occiso in itinere fuerunV) : " Ut, si 
poena obnozius servus venisset, quandoque in eum 
animadversum esset, venditor pretium prastaret."* 

Orphitianum enacted in the time of M. Aure- 
\ius 3 that the legitima hereditas of a mother who 
had not been in manu might come to her sons, to 
the exclusion of the consanguinei and other agnati. 
The name Orphitianum is supplied by Paulus* and 
ihe Digest ; 5 the enactment was made in the con- 
sulship of V Rums and C. Orphitus. 6 

Paulus 7 speaks of rules relating to manumission 
being included in a senatus consultum Orphitianum. 
(Vid. Heres.) This senatus consultum was made 
in the joint reign of M. Aurelius and Commodus. 9 
{Vid. Orationes Principum.) 

Pegasianum was enacted in the reign of Vespa- 
sian, Pegasus and Pusio being consules (suffecti?) 
in the year of the enactment. 9 The provisions of 
this senatus consultum are stated under Fideicom- 
missa and Legatum. This senatus consultum, or 
another of the same name, modified a provision of 
the lex iElia Sentia as to a Latinus becoming a Ro- 
manus. 10 

Persicianum, w r hich may be the correct form in- 
stead of Pernicianum, was enacted in the time of 
Tiberius, A.D. 34, and was an amendment of the 
lex Julia et Papia Poppaea. 11 (Compare Julia et 
Pap. Pop. Lex.) 

Pisonianum. (Vid. Neronianum.) 

Plancianum, of uncertain date, is by some wri- 
ters assigned to the time of Vespasian. The lex 
Julia Papia et Poppaea apparently contained a pro- 
vision by which a fideicommissum was forfeited to 
the fiscus if a heres or legatarius engaged himself 
by a written instrument, or any other secret mode, 
to pay or give the fideicommissum to a person who 
was legally incapable of taking it. 12 Such a fidei- 
commissum was called taciturn, and when made in 
the w r ay described was said to be " in fraudem le- 
gist designed to evade the law. If it was made 
openly (palam), this was no fraus : and though the 
fideicommissum might be invalid on account of the 
incapacity of the fideicommissarius to take, the 
penalty of the lex did not apply. It does not ap- 
pear certain whether this provision as to the con- 
fiscation was contained in the original lex, or added 
by some subsequent senatus consultum. However 
this may be, the fiduciarius still retained his quar- 
ta. But a senatus consultum mentioned by Ulpi- 
an 13 enacted that, if a man undertook to perform a 
taciturn fideicommissum, he lost the quadrans or 
quarta (vid. Fideicommissum), nor could he claim 
what was caducum under the testamenta, which, 
as a general rule, he could claim if he had children. 
(Vid. Legatum, Bona Caduca.) This senatus con- 
sultum, it appears from an extract in the Digest, 1 * 
was the Plancianum or Plautianum, for the read- 
ing is doubtful ; and in this passage it is stated 
that the fourth, which the fiduciarius was not al- 
lowed to retain, was claimed for the fiscus by a re- 
script of Antoninus Pius. The penalty for the fraud 
only applied to that part of the property to which 
the fraud extended ; and if the heres was heres in a 
larger share of the hereditas than the share to 
which the fraus extended, he had the benefit of the 
Faleidia for that part to which the fraus did not ex- 

1. (S. R., iii., tit. 5.)— 2. (Dig. 29, tit. 5, s. 8.)— 3. (Capit. in 
vita, 11.)— 4. (S. R.,iv, tit. 10.)— 5. (38, tit. 17.)— 6. (Inst., iii., 
tit. 4.) — 7. (iv., tit. 14.)— 8. (Tmpp. Anton, et Comraodi oratione 
in senatu recitata : Ulp., Frag., tit. xxvi.) — 9. (Inst., ii., tk. 23. 

Gaius, ii., 254, &c.) — 10. (Gaius, i., 31.) — 11. (Ulp., Frag., 
tit. xvi.— Suet., Claud., 23.)— 12. (Dig. 30, s. 103 ; 34, tit. 9, s. 
10, 18 ; 49, tit. 14, s. 3.)— 13. (Frag., tit. xxv., s. 17.)— 14. (35 
vit. 2, s. 59.) 

874 



tend, which is thus expressed by Papinian :* (< 8ed a~ 
major modus institutions quam fraudis fuerit quod a? 
Falcidiam attinet, de superjiuo quarta retinebitur* 
The history of legislation on the subject of tacita 
fideicommissa is not altogether free from some 
doubt. 

Plautianum. (Vid. Plancianum.) 

Rubrianum, enacted in the time of Trajan, in the 
consulship of Rubrius G alius and Q. Ccelius His 
po, A.D. 101, related to fideicommissa libertas. Its 
terms are given in the Digest : 2 " Si hi a quibus lib- 
ertatcm prastari oportet evocati a pratore adesse no~ 
luissent, Si causa cognita prcctor pronuntiasset liber- 
tatem his deberi, eodem jure statum servari ac si di- 
recto manumissi essent." Compare Plin., Ep., iv , 
9, ad Ursum, with the passage in the Digest. 

Sabinianum, of uncertain date, but apparently af- 
ter the time of Antoninus Pius. It related to the 
rights of one of three brothers who had been adopt- 
ed to a portion of the hereditas contra tabulas tes- 
tamenti. 3 

Silanianum, passed in the time of Augustus, m 
the consulship of P. Cornelius Dolabella and C. Ju- 
nius Silanus, A.D. 10, contained various enact- 
ments. It gave freedom to a slave who discovered 
the murderer of his master. If a master was mur 
dered, all the slaves who were under the roof at the 
time, if the murder was committed under a roof, or 
who were with him in any place at the time of the 
murder, were put to the torture, and, if they had 
not done their best to defend him, were put to 
death. Tacitus* refers to this provision of the sen- 
atus consultum, and he uses the phrase " vctere ex 
more.'''' Lipsius (note on this passage) refers to 
Cicero. 5 Servi impuberes were excepted from this 
provision of the senatus consultum. 6 The herea 
who took possession of the hereditas of a murdered 
person before the proper inquiry was made, forfeit- 
ed the hereditas, which fell to the fiscus : the rule 
was the same whether, being heres ex testamento, 
he opened the will (tabula, testamenti) before the in 
quiry was made, or whether, being heres ab intesta- 
to, he took possession of the hereditas (adiit heredi- 
tatem) or obtained the bonorum possessio ; he was 
also subjected to a heavy pecuniary penalty. A 
senatus consultum, passed in the consulship of Tau- 
rus and Lepidus, A.D. 11, enacted that the penalty 
for opening the will of a murdered person could not 
be inflicted after five years, except it was a case 
of parricide, to which this temporis praescriptio did 
not apply. 7 

Tertullianum is stated in the Institutes of Jus- 
tinian 8 to have been enacted in the time of Hadri- 
an, in the consulship of Tertullus and Sacerdos ; 
but some critics, notwithstanding this, would refei 
it to the time of Antoninus Pius. This senatus con- 
sultum empowered a mother, whether ingenua or 
libertina, to take the legitima hereditas of an intes- 
tate son ; the ingenua, if she was of had been the 
mother of three children ; the libertina, if she w r as 
or had been the mother of four children. They 
could also take, though they neither were nor had 
been mothers, if they had obtained the jus liberorum 
by imperial favour. Several persons, however, 
took precedence of the mother : the sui heredes of 
the son, those who were called to the bonorum pos 
sessio as sui heredes, the father, and the frater con 
sanguineus. If there was a soror consanguinea, 
she shared with her mother. The senatus consult- 
um Orphitianum gave the children a claim to the 
hereditas of the mother. 9 



1. (Dig 34, tit. 9,s. 11.)— 2. (40, tit. 5, s.26.)— 3. (Cod., viii., 
tit. 48, s. 10— Inst., iii., tit. 1.)— 4. (Ann., xiv., 42.)— 5. (Ep. ad 
Div., iv., 12.)— 6. (Dig. 29, tit. 5, s. 14.)— 7. (Paulus. S. R., iii.. 
tit . 5. _ Dig. 29, tit. 5. — Cod., vi., tit. 35.) — 8. (iii . .it. 3.)-» 
(Ulp., Frag., tit. xxvi.— Paulus, S. R., iv., tit. 9.— Dig 38, tit. 17 






SEPTIMON-TIUM. 



SER1CUM. 



Trebeluancm, enacted in the time of Nt;ro, in 
the consulship of L. Annseus Seneca and Trehellius 
Maximus, A.I). 62, related to fideicommissse hered- 
itates. 1 (Vid. Fideicommissum.) 

Turpilianum, enacted in the time of Nero, in the 
consulship of Caesonius Pastus and Petronius Turpil- 
lianus, A.D. 61, was against praevaricatio or the col- 
lusive desisting from prosecuting a criminal charge. 
The occasion of this senatus consultum, and the 
terms of it, are stated by Tacitus : 2 " Qui talem ope- 
ram crnptitassct, vendidissetve, perinde poena tcnerctur 
ac publico judicio calumnice condemnarctur.'''' The 
definition of a praavaricator is given in the Digest. 3 
Vbi.lsla.num rendered void all intercessiones by 
women, whether they were on behalf of males or 
females. This senatus consultum was enacted in 
the consulship of Marcus Silanus and Velleius Tu- 
tor, as appears from the preamble of the senatus 
consultum, 4 and it appears most probably to have 
been passed in the reign of Claudius, from the 
words of Ulpian in his comment upon it. In the 
article Intercessio, where this senatus consultum 
is mentioned, A.D. 10 seems to be a misprint for 
A.D. 19. TIiq name of Velleius Tutor does not 
occur in the Fasti Consulares, and he may be a con- 
sul suffectus. The name of M. Silanus occurs as 
consul in the reign of Claudius, and the colleague 
of Valerius Asiaticus, A.D. 46. 5 {Vid. Interces- 
sio.) In the year A.D. 19, according to the Fasti, a 
M. Silanus was also consul ; his colleague, accord- 
ing to the Fasti, was L. Norbanus Balbus, and this 
agrees with Tacitus. 6 

Vitrasianum is assigned to the reign of Vespa- 
sian, but the time is very uncertain. It related to 
fideicommissa libertas. 7 

Volusiakom, enacted in the reign of Nero, in the 
consulship of Q. Volusius Saturninus and P. Cor- 
nelius Scipio, A.D. 56. It contained a provision 
against pulling down a domus or villa for the sake 
of profit ; but the object of this law seems rather 
obscure : it is referred to without the name being 
given in the Digest. 8 Tacitus 9 mentions a sena- 
tus consultum in this consulship which limited the 
power of the aediles : " Quantum curules, quantum 
vlcbcii pignoris caper cnt, vel poena irrogarent." A 
senatus consultum Volusianum (if the name is 
right) enacted that persons should be liable to the 
penalties of the lex Julia de vi Privata, who joined 
in the suit of another person with the bargain that 
they should share whatever was acquired by the 
condemnation 

SENIO'RES. {Vid. Comitia, p. 296.) 
SEPTEMBER. (Vid. Calendar, Roman.) 
SEPTEMVIRI EPULO'NES. (Vid. Epulones.) 
SEPTIMO'NTIUM, a Roman festival which was 
ueld in the month of December. It lasted only for 
one day (dies Scptimontium, dies Septimontialis). 
According to.Festus, 11 the festival was the same as 
the Agonalia ; but Scaliger, in his note on this pas- 
sage, has shown from Varro 12 and from Tertullian 13 
that the Septimontium must have been held on one 
of the last days of December, whereas the Agonalia 
took place on the tenth of this month. The day of 
the Septimontium was a dies feriatus for the Mon- 
tani, or the inhabitants of the seven ancient hills, or, 
rather, districts of Rome, who offered on this day 
sacrifices to the gods in their respective districts. 
These sacra (sacra pro montibus 1 *) were, like the 
Paganalia, not sacra publica, but privata. 13 (Com- 

1. (Gaius, ii., 251, 253.— Dig. 36, tit. 1.— Paulus, S. R., iv., tit. 
2.)— 2. (Ann., xiv., 14.)— 3. (48, tit. 16, s. 1 : ad Senatus Con- 
■ultum Turpilianum.) — 4. (Dig. 16, tit. 1.)— 5. (Dion Cass., lx., 
27.)— 6. (Ann., ii., 59.) — 7. (Dig. 40, tit. 5, s. 30.)— 8. (18, tit. 1, 
s. 52: Senatus censuit, &c.)— 9. (Ann., xiii., 28.)— 10. (Dig. 48, 
tit. 7, s. 6.) — 11. (s. v. Septimontium.) — 12. (De Ling. Lat., v., 
p. 58, ed. Bip.)— 13. (De Idolol., 10.)— 14. (Fest., g. v. Publica 
•acra.)— 15. (Varro, 1. c.) 



pare Sacra.) They were believed to have been in- 
stituted to commemorate the enclosure of the sev 
en hills of Rome within the walls of the city, and 
must certainly be referred to a time when the Cap 
itoline, Quirinal, and Viminal were not yet inco* 
porated with Rome. 1 

SEPTUM. (Vid. Comitl. p. 297.) 

SEPTUNX. (Vid. As, p. 110.) 

SEPFLCRUM. (Vid. Funus, p. 461.) 

SERA. (Vid. Janua, p. 526.) 

SE'RICUM CZnpmov), Silk, also called bombyct- 
num. The first ancient author who affords any 
evidence respecting the use of silk is Aristotle. 8 
After a description, partially correct, of the meta- 
morphoses of the silkworm (bombyx 3 ), he intimates 
that the produce of the cocoons was wound upon 
bobbins by women for the purpose of being woven, 
and that Pamphile, daughter of Plates, was said to 
have first woven silk in Cos. This statement au- 
thorizes the conclusion that raw silk was brought 
from the interior of Asia and manufactured in Cos 
as early as the fourth century B.C. From this isl 
and it appears that the Roman ladies obtained their 
most splendid garments (vid. Coa Vestis), so that 
the later poets of the Augustan age, Tibullus, 4 Pro- 
pertius, 5 Horace, 6 and Ovid, 7 adorn their verses 
with allusions to these elegant textures, which 
were remarkably thin, sometimes of a fine purple 
dye, 8 and variegated with transverse stripes of 
gold. 9 About this time the Parthian conquests 
opened a way for the transport into Italy 01 all the 
most valuable productions of Central Asia, which 
was the supposed territory of the Seres. The ap- 
pearance of the silken flags attached to the gilt 
standards of the Parthians in the battle fought in 
54 B.C., 10 must have been a very striking sight for 
the army of Crassus. The inquiries of the Romans 
respecting the nature of this beautiful manufacture 
led to a very general opinion that silk in its natural 
state was a thin fleece found on trees. 11 An author, 
nearly contemporary with those of the Augustan 
age already quoted, 12 celebrated not only the ex- 
treme fineness and the high value, but also the 
flowered texture of these productions. The cir- 
cumstances now stated sufficiently account for the 
fact, that after the Augustan age we find no far- 
ther mention of Coan, but only of Seric webs. The 
rage for the latter increased more and more. Even 
men aspired to be adorned with silk, and hence the 
senate, early in the reign of Tiberius, enacted " Ne 
vestis Scrica viros fozdaret." 1 * 

In the succeeding reigns we find the most vigor- 
ous measures adopted by those emperors who were 
characterized by severity of manners, to restrict the 
use of silk, while Caligula and others, notorious foi 
luxury and excess, not only encouraged it in the 
female sex, but delighted to display it in public on 
their own persons. 14 Shawls and scarfs interwo 
ven with gold, and brought lrom the remotest East, 
were accumulated in the wardrobe of the empress 
during successive reigns, 15 until, in the year 176, 
Antoninus the philosopher, in consequence of the 
exhausted state of his treasury, sold them by public 
auction in the Forum of Trajan, with the rest of the 
imperial ornaments. 16 At this period we find that 
the silken texture, besides being mixed with gol<? 



1. (Compare Columella, ii., 10. — Suet., Domit., 4. — Plut., 
QuEest. Rom., 68.— Niebuhr, Hist, of Rome, i., p. 389, &c.)— 2. 
(H. A., v., 19.)— 3. (Martial, viii.. 33.)- 4. (ii.,4.)— 5. (i.,2 ; ii., 1 ; 
iv., 2 ; iv., 5.)— 6. (Carm., iv., 13, 13.- Sat., i., 2, 101.)— 7. (Art 
Amat., ii., 298.)—8. (Hor., 11. cc.) — 9. (Tibull., ii., 6.)— 10 
(Florus, iii., 11.)— 11. (Virg., Georg., ii., 121.— Petron., 119.- 
Seneca, Hippol. 386. — Festus Avienus, 935. — S;i. Ital., Pun. 
vi., 4 ; xiv., 664 . xvii., 596.)— 12. (Dionys. Perieg., 755.) — 13. 
(Tac., Ann., ii., 33.— Dion Cass., lvii., 15.— Suid., s. v. TtStpio;.) 
—14. (Suetor , Ca'lig., 52.— Dion Cass., lix., 12. — Vid. also Jo- 
seph., B. J., vJ,. 5, v 4.)- 15. (Martial, xi., 9.)~16. (Cap:t. u 
vita, 17.) 

875 



SERPENS. 



SERRA. 



{XPvcoirasTos, xP Vff0 ^i > VC)t was adorned with em- 
broidery, this part of the work being executed ei- 
ther in Egypt or Asia Minor (Nilotis, Mczonia, acus 1 ). 
The Christian authors, frcm Clemens Alexandrinus 8 
and Tertullian 3 downward, discourage or condemn 
the use of silk. Plutarch also dissuades the virtu- 
ous and prudent wife from wearing it, 4 although it 
is probable that ribands for dressing the hair 5 were 
not uncommon, since these goods (Serica) were pro- 
curable in the vicus Tuscus at Rome. 6 Silk thread 
was also imported and used for various purposes. 7 

Although Commodus in some degree replenished 
the palace with valuable and curious effects, inclu- 
ding those of silk, 8 this article soon afterward again 
became very rare, so that few writers of the third 
century make mention of it. When finely manu- 
factured, it sold for its weight in gold, on which ac- 
count Aurelian would not allow his empress to 
have even a single shawl of purple silk (pallio blat- 
teo Serico 9 ). The use of silk with a warp of linen 
or wool, called tramoserica and subserica, as distin- 
guished from holoserica, was permitted under many 
restrictions. About the end, however, of the third 
century, silk, especially when woven with a warp 
of inferior value, began to be much more generally 
worn both by men and women ; and the conse- 
quence was, that, in order to confine the enjoyment 
of this luxury more entirely to the imperial family 
and court, private persons were forbidden to engage 
in the manufacture, and gold and silken borders 
(paragauda) were allowed to be made only in the 
imperial gynaecea. (Vid. Paragauda.) 

The production of raw silk (fieratja) in Europe was 
first attempted under Justinian, A.D. 530. The 
eggs of the silkworm were conveyed to Byzantium 
in the hollow stem of a plant from " Serinda," which 
vas probably Khotan in Little Bucharia, by some 
nonks, who had learned the method of hatching and 
earing them. The worms were fed with the leaf 
ofthe black or common mulberry (ovtalfiivoc 10 ). The 
cultivation both of this species and of the white 
mulberry, the breeding of silkworms, and the man- 
ufactare of their produce, having been long confined 
to G/eece, were at length, in the twelfth century, 
transported rato Sicily, and thence extended over 
the south of Europe. 11 The progress of this impor- 
tant branch of industry was, however, greatly im- 
peded even in Greece, both by sumptuary laws re- 
stricting the use of silk except in the church service, 
or in the dress and ornaments of the court, and also 
by fines and prohibitions against private silkmills, 
and by other attempts to regulate the price both of 
the raw and manufactured article. It was at one 
time determined that the business should be carried 
on solely by the imperial treasurer. Peter Barsames 
held the office, and conducted himself in the most 
oppressive manner, so that the silk-trade was ruined 
both in Byzantium and at Tyre and Berytus, while 
Justinian, the Empress Theodora, and their treasu- 
rer, amassed great wealth by the monopoly. 12 The 
silks woven in Europe previously to the thirteenth 
century were in general plain in their pattern. 
Many of those produced by the industry and taste 
of the Seres, i. e., the silk manufacturers of the in- 
terior of Asia, were highly elaborate, and appear to 
have been very similar in their patterns and style 
of ornament to the Persian shawls of modern times. 

♦SERPENS. {Vid. Aspis, Draco, Seps, &c.) 

1. (Lucan, x., 141. — Seneca, Here. (Et., 664*) — 2. (Paedag., 
}i., 10.)— 3. (De Pallio, 4.)— 4. (Conj. Proec, p. 550, vol. vi., ed. 
Reiske.)— 5. (Martial, xiv., 24.)— 6. (xi., 27.) — 7. (Galen, Ilept 
Aidyv., p. 533, vol. vi., ed. Chartier.) — 8. (Capitol., Pertin., 8.) 
— 9. (Vopisc, Aurel., 45.) — 10. (Procop., B. Goth., iv., 17.— 
Glycas, Ann., iv., p. 209. — Zonar., Ann., xiv., p. 69, ed. Du 
Cange. — Phot., Bibl., p. 80, ed. Roth.) — 11. (Otto Frisingen, 
Hist. Imp. Freder., i., 33. — Man. Comnenus, ii., 8.) — 12. (Pro- 
cop , Hist. Arcac, 25.) 
87B 



*SERPYLLUM. ( Vid. Herp yllu*. ) 
SERRA, dim. SERRULA (npiuv), a Saw. It wa 
made of iron (ferrea, 1 de ferro lamina 2 ). The form 
of the larger saw used for cutting timber is seen in 
the annexed woodcut, which is taken from a minia- 
ture in the celebrated Dioscorides written at the be- 
ginning of the sixth century. 3 It is of the kind 



<s=5> 



p 




&=$ 




which we call the frame-saw, because it is fixed m 
a rectangular frame. It was held <by a workman 
(serrarius*) at each end. The line (vid. Ltnea) was 
used to mark the timber in order to guide the saw ; 3 
and its movement was facilitated by driving wedges 
with a hammer between the planks (tenues tabula) 
or rafters (trabes). 6 A similar representation ofthe 
use of the frame-saw is given in a painting found at 
Herculaneum, the operators being winged genii, as 
in this woodcut ; 7 but in a bas-relief published by 
Micali, 8 the two sawyers wear tunics girt round the 
waist like that of the shipbuilder in the woodcut at 
p. 112. The woodcut here introduced also shows 
the blade of the saw detached from its frame, with 
a ring at each end for fixing it in the frame, and ex- 
hibited on a funereal monument published by Gruter. 
On each side of the last-mentioned figure is repre- 
sented a hand- saw adapted to be used by a single 
person. That on the left is from the same funereal 
monument as the blade of the frame-saw : that on 
the right is the figure of an ancient Egyptian saw 
preserved in the British Museum. These saws 
(serrulce manubriatce) were used to divide the small- 
er objects. Some of them, called lupi, had a partic- 
ular shape, by which they were adapted for ampu- 
tating the branches of trees. 9 

St. Jerome 10 seems clearly to allude to the circu- 
lar saw, which was probably used, as at present, in 
cutting veneers (lamina, pratenues 11 ). We have also 
intimations ofthe use ofthe centre-bit, and we find 
that even in the time of Cicero 12 it was employed by 
thieves. 

Pliny 13 mentions the use of the saw in the ancient 
Belgium for cutting white building stone : some of 
the oolitic and cretaceous rocks are still treated in 
the same manner, both in that part ofthe Continent 
and in the south of England. In this case Pliny 
must be understood to speak of a proper or toothed 
saw. The saw without teeth was then used, just 
as it is now, by the workers in marble, and the 
place of teeth was supplied, according to the hard- 
ness of the stone, either by emery, or by various 
kinds of sand of inferior hardness. 1 * In this manner 
the ancient artificers were able to cut slabs of the 
hardest rocks, which, consequently, were adapted 
to receive the highest polish, such as granite, por- 



1. (Non. Marc, p. 223, ed. Merceri.) — 2. (Isid., Orig., xix., 
19. — Virg., Georg., i., 143.) — 3. (Montfaucon, Pal. Grcec, p 
203.)— 4. (Sen., Epist., 57.)— 5. (Id. ib., 90.)— 6. (Corippus, D« 
Laud. Just., iv., 45-48.)— 7. (Ant. d'Ercol., t. 1, tav. 34.) — 8 
(Ital. av. il dom. dei Rom., tav. 49.)— 9. (Pallad., De Re Rust 
i., 43.)— 10. (in Is., xxviii., 27.)— 11 (Plin., H. N., xvi., 43, a 
84.)— 12. (Pro Cluent., 64.)— 13. (H. N., xxxvi., 22, s 44.)— 14 
(Plin., H. N., xxxvi., 6, s. 9. 



SERTA. 



SERVITUTES. 



phyry, lapis-la juli ; and amethyst. (Vid. Mola, Pa- 
ries.) 

The saw is an instrument of high antiquity, its 
invention being attributed either to Daedalus 1 or to 
his nephew Perdix 3 (vid. Circinus), also called Ta- 
los, who, having found the jaw of a serpent, and di- 
vided a piece of wood with it, was led to imitate the 
teeth in iron. 3 In a bas-relief published by Winck- 
elmann,* Daedalus is represented holding a saw ap- 
proaching very closely in form to the Egyptian saw 
above delineated. 

SERTA, used only in the plural (arifi/ia, oTe<puvu- 
pi). a Festoon or Garland. 

The art of weaving wreaths (vid. Corona), gar- 
lands, and festoons, employed a distinct class of per- 
sons (coronarii and coronarice, <Tre^avw7rA6/cot 5 or 
aTe<pavoTz\oKOL ), who endeavoured to combine all 
the most beautiful variety of leaves, of flowers, and 
of fruits, so as to blend their forms, colours, and 
scents 6 in the most agreeable manner. The annex- 
ed woodcut, taken from a sarcophagus at Rome, 7 
shows a festoon adapted to be suspended by means 
of the fillets at both ends. Its extremities are skil- 
fully encased in acanthus-leaves : its body consists 




apparently of laurel or bay. together with a profusion 
of fruits, such as apples, pears, pomegranates, bunch- 
es of grapes, and fir-cones. At Athens there was a 
market, called oTetyavoirlbiuov, for the manufacture 
and sale of this class of productions, the work being 
principally performed by women and girls. 8 

When a priest was preparing a sacrifice, he often 
appeared with a festoon intended to be placed on 
the door of the temple (festa fronde, 9 variis sertis 10 ), 
on the front of the altar 11 (vid. Ara, p. 77, 78), or 
upon the head of the victim. Thus, in the Iliad, 12 
Chryses, besides the gilded sceptre which denoted 
his office and authority (vid. Sceptrum), carries a 




garland in honour of Apollo, which was probably 
wound about the sceptre. 1 The act here described 
is seen in the annexed woodcut, which in taken from 
a bas relief in the collection of antiques at Ince- 
Blundell, and represents a priestess carrying in her 
two hands a festoon to suspend upon the circular 
temple which is seen in the distance. As the fes- 
toons remained on the temples long after their fresh- 
ness had departed, they became very combustible. 
The Temple of Juno at Argos was destroyed ill 
consequence of their being set on fire.' J The gar- 
lands on funereal monuments hung there for a year, 
and were then renewed. 3 The funeral pile was 
also decorated in a similar manner, but with an ap- 
propriate choice of plants and flowers. 4 ( Vid. Funus, 
p. 458, 460.) 

Festoons were placed upon the doorposts of pri- 
vate houses in token of joy and affection 5 (vid. 
Janua, p. 527), more especially on occasion of a 
wedding. 6 They were hung about a palace in com- 
pliment to the wealthy possessor (insertabo coronis 
atria?), and on occasions of general rejoicing ; the 
streets of a city were sometimes enlivened with 
these splendid and tasteful decorations. 8 

The smaller garlands or crowns, which were 
worn by persons on the head or round the neck, 
are sometimes called serta. 9 The fashion of wear- 
ing such garlands suspended from the neck was 
adopted by the early Christians. 10 

SERVILIA LEX. (Vid. Lex, p 586.) 
SERVLVNA ACTIO. (Vid. Pignus, p. 776.) 
SE'R VITUS. (Vid. Servus, Roman.) 
SERVITUDES are considered by the Roman 
law as parts of ownership, which are opposed to 
ownership as the totality of all those rights wh.bn 
are included in the term ownership. The owner of 
a thing can use it in all ways consistent with hi 
ownership, and he can prevent others from using i 
in any way that is inconsistent with his full enjcy 
ment of it as owner. If the owner's power over 
the thing is limited either way, that is, if his enjoy 
ment of it is subject to the condition of not doing 
certain acts in order that some other person may 
have the benefit of such forbearance, or to the con- 
dition of allowing others to do certain acts, whicb 
limit his complete enjoyment of a thing, the thing is 
said " servire," to be subject to a " servitus." Hence 
when a thing was sold as " optima maxima" thij 
was legally understood to mean that it was war 
ranted free from servitutes. 11 Servitutes are als< 
expressed by the terms ";wra" and "jura in re,' 
and these terms are opposed to dominium or com- 
plete ownership. He who exercises a servitus 
therefore, has not the animus domini, not even ir 
the case of ususfructus, for the ususfructuarius i; 
never recognised as owner in the Roman law. Tht 
technical word for ownership, when the ususfructu* 
is deducted from it, is proprietas. 

A man can only have a right to a servitus ir. an^ 
other person's property : the notion of the term has 
no direct relation to his own property. Also, a ser- 
vitus can only be in a corporeal ihing. Viewed 
with respect to the owner of the thing, a servitus 
either consists in his being restrained from doing 
certain acts to his property, wnich otherwise he 
might do (servitus qua in won fuciendo consistit ; Ser- 
vitus negativa), or it consists in his being bound tc 
allow some other persou to do something to the 
property, which such ^evson might otherwise bo 
prevented from doing (strvitus qua in patiendo con- 



1. (Vid. also Aris*oph., Av., 894.— Pax, 948.— Callim., Hymn, 
in Cor., 45.)— 2. 'Thicy<J., iv., 133, t> 2. — Paus., ii., 17, 4 7.)— 
3. (Tibull., ii.,4,'48; 7, 32— Propert., iii., 16, 23.)— 4. (Virg., 
JEn., iv., 506.)— 5. (Til.ull., i., 2, 14.)— 6. (Lucan, ii., 354.)— 7 
(Prudent, in Symm.,ii., 726.)— 8. (Mart., vi., 79, 8.)— 9. (Tibull., 
i., 7, 52.)— 10. (Min. Felix, 38.)— 11. (Dig. 50, tit. 16, s. 90, 169. 
—Compare Cic, De Leg. Agr., iii., 2.) 

877 



SERVITUTES 



SERV1TUTES. 



ttsttt Servitus jffi.rmo.tiva). A servitus never con- 
sists in the owner of the servient property heing 
obliged to do any act to his property, though he 
may be obliged to do acts which are necessary to- 
wards the enjoyment of the servitus. 1 

There were two classes of servitutes. Either 
they had for their subject a definite person, who 
could exercise the right, in which case they were 
called personal, personarum ; or they had for their 
subject another piece of property, or a house, or 
land, and the person who exercised the servitus ex- 
ercised it in respect of his right to the house or 
land which was its subject. Servitutes of the latter 
kind were called praedial, servitutes praediorum or 
rerum, or jura praediorum; 2 and with reference to 
their special kinds, jura aquarum, &c. 3 

The exercise of personal servitutes, of which 
usus and ususfructus were the principal, was al- 
ways connected with the natural possession of the 
thing, and, consequently, the quasi possessio of 
such servitutes had a close resemblance to posses- 
sio. (Vid. Possessio.) Servitutes of this class 
consisted solely " in patiendo." 

Prasdial servitutes consisted both in " paiiendo" 
and "in non faciendo." Those which consisted in 
" patiendo" were either acts which a person might 
do, by virtue of his right, upon the property of an- 
other, as the jus itineris, &c, or they were acts 
which he could do to or upon the property of anoth- 
er, by virtue of possessing another piece of proper- 
ty, as the jus tigni immittendi. Those which con- 
sisted " in non faciendo" were acts which, as the 
possessor of a piece of property, he could require 
the owner of another piece of property not to do, 
but which, except for the servitus, the owner might 
do. 

Personal servitutes were Usus, Ususfructus, 
habitatio, and operae servorum et animalium. 

Habitatio, or the right of living in another per- 
son's house, resembled the ususfructus or usus 
aedium. But it was not lost, as ususfructus and 
usus were, by capitis diminutio or neglect to exer- 
cise the right. Also, it consisted in the right to in- 
habit some definite part of a house only, and not 
the whole ; the habitatio could be sold or let. If 
it was a donatio inter vivos, it could be set aside by 
the heredes of the giver. 4 

Operae servorum et animalium consisted in a man 
having a right to the use and services of another 
person's slave or beast, so long as the slave or beast 
lived. The servitus continued after the death of 
the person entitled to it, and was not lost by a capi- 
tis diminutio, nor by neglect to exercise it. This is 
called by Gaius 5 the " Ususfructus hominum et cet- 
trorum animalium.' 1 '' 

Praedial servitutes imply the existence of two 
pieces of land (prcedia), one of which owes a ser- 
vitus to the other (servitutum debet, prcedium, fundus 
serviens), and the servitus is said to be due {deberi) 
from the one to the other. The name of praedium 
dominans, which is now often used to designate the 
praedium to which the servitus is due, is modern. 
It. is of the nature of a servitus to be an advantage 
to the land to which it belongs : it must be some- 
thing that in some way increases its value. It 
must also be a thing that is permanently to the ad- 
vantage of the dominant praedium. The servitus is 
considered as belonging to the dominant praedium in 
such a sense that it cannot be alienated without the 
praedium, nor pledged, nor let. 

Praedial servitutes were either praediorum urba- 
norum or rusticorum. But the word servitus has 
a double meaning, according as we view it as a 

1. (Dig. 8, tit. 1, s. 15.)— 2. (Gaius, ii., 17, 29.)— 3. (Cic, 
Pro Casein., 26.)— 4. (Dig. 7, tit. 8 : " De Usu et Habitatione."— 
Dig. 31, tit. 5, s. 27, 32.— Inst* ii., tit. 5.)— 5. (ii., 32.) 
878 



right or a duty. The servitus of a praedium rusti- 
cum or urbanum is, in the former sense, the ser- 
vitus which belongs to a particular praedium as a 
right : in the latter sense, it is the servitus which 
some particular praedium owes as a duty. When the 
two praedia are contemplated together in their mu- 
tual relations of right and duty, the word servitus 
expresses the whole relation. Servitutes urbanae 
appear to be those which are for the advantage of 
an edifice as such, and rusticae those which are for 
the advantage of a piece of ground as such, and 
mainly for the benefit of agriculture. 
The following are the principal servitutes urbanae . 

1. Oneris ferendi, or the right w T hich a man has to 
use the edifice or wall of his neighbour to support 
kis ow r n edifice. The owner of the servient prop- 
erty was consequently bound to keep it in repair, so 
that it should be adequate to discharge its duty. 1 

2. Tigni immittendi, or the right of planting a beam 
in or upon a neighbour's wall. 3. Projiciendi, or 
the right of adding something to a man's edifice, 
though it shall project into the open space which is 
above his neighbour's grounds. 4. Stillicidii, oi 
fluminis recipiendi or immittendi. This servitus 
was either a right which a man had for the rain 
water to run from his house upon and through his 
neighbour's premises, or a right to draw such water 
from his neighbour's premises to his own. The 
technical meaning of stillicidium is rain in drops ; 
when collected in a flowing body, it is flumCn. 2 5. 
Altius non tollendi, or the duty which a man owed 
not to build his house higher than its present eleva- 
tion, or the duty of the owner of a piece of land 
not to raise his edifice above a certain height, in or- 
der that the owner of some other house might have 
the advantage of such forbearance. If a man was 
released from this duty by his neighbour, he ob- 
tained a new right, which was the jus altius tol- 
lendi. In like manner, a man whose ground was 
released from the servitus stillicidii, was said to 
have the servitus stillicidii non recipiendi. This 
was not strictly accurate language ; for if a servitus 
is defined to be some limitation of the usual rights 
of ownership, a recovery of these rights, or a re- 
lease from the duties which is implied by the pos- 
session of these rights by another, merely gives the 
complete exercise of ownership, and so destroys all 
notion of a servitus. Still, such was the language 
of the Roman jurists ; and, accordingly, we find 
enumerated among the urbanae servitutes 3 " Stilli- 
cidium avertendi in tectum vel aream vicini aut non 
avertendi." 7. Servitus ne luminibus, and ne pros- 
pectui oificiatur, or the duty which a man owes to 
his neighbour's land not to obstruct his light or his 
prospect ;* and servitus luminum or prospectus, oi 
the duty of a man to allow his neighbour to make 
openings into his premises, as in a common wall, for 
instance, to get light or a prospect. It was a ser- 
vitus the object of which was to procure light, 
whereas the ne officiatur was to prevent the de 
stroying of light. 5 But there are different opinions 
as to the meaning of servitus luminum. 8. Servi- 
tus stercolinii, or the right of placing dung against 
a neighbour's wall, &c. 9. Servitus fumi immit- 
tendi, or the right of sending one's smoke through 
a neighbour's chimney. 

The following are the principal servitutes rusti- 
cae : 1. Servitus itineris, or the right of a footpath 
through another man's ground, or to ride through 
on horseback, or in a sella or lectica, for a man in 
such cases was said ire, and not agere. Viewed 
with reference to the person who exercised the 
right, this servitus was properly called jus eundi.* 



I. (Dig. 8, tit. 5, s. 6.)— 2. (Varro, De Ling. I at., v., 27, ed 
Miiller.— Cic, DeOr., i., 38.)— 3. (Dig. 8, tit. 2, s. 2.)-4. (Vid. 
Gaius, ii., 31. — Cic, De Or., i., 39.)— 5. (Dig. 8, tit. 2, s. 4 
40.)— 6. (Gaius, iv., 3 ) 



SERVITUTES. 



SERVITUTES. 



2. Actus or agendi, or the right of driving a beast or 
carriage through another man's land. 3. Viae, or the 
right eundi et agendi et ambulandi. Via of course in- 
cluded the other two servitutes, and it was distin- 
guished from them by its width, which was defined 
by the Twelve Tables. 1 The width of an iter or 
actus might be a matter of evidence, and if it was 
not determined, it was settled by an arbiter. If the 
width of a via was not determined, its width was 
taken to be the legal width {latitudo Icgitima). In 
the work of Frontinus, De Coloniis, the phrase " iter 
populo debetur" or " -non debetur" frequently occurs. 
When " iter debe'ur" occurs, the width of the iter is 
given in feet, lc seems that, in the assignment of 
the lands in these instances, the lands were made 
" servire -populo" for the purposes of a road. 4. 
Servitus pascendi, or the right of a man in respect 
of the ground to which his cattle are attached, to 
pasture them on another's ground. 5. Servitus 
aquaeductus, or the ducendi aquam per fundum alie- 
uum. There were also other servitutes, as aquae 
haustus, pecoris ad aquam appulsus, calcis coquen- 
dae, and arenae fodiendae. If a publicus locus or a via 
publica intervened, no servitus aquaeductus could 
be imposed, but it was necessary to apply to the 
princeps for permission to form an aquaeductus 
across a public road. The intervention of a sacer 
et religiosus locus was an obstacle to imposing an 
itineris servitus, for no servitus could be due to 
any person on ground which was sacer or religi- 
osus. 

A servitus negativa could be acquired by mere 
contract ; and it seems the better opinion that a 
servitus affirmativa could be so acquired, and that 
traditio, at least in the later periods, was not neces- 
sary in order to establish the jus servitutis, but 
only to give a right to the publiciana in rem actio. 8 
The phrases "aqua jus constituere" "servitulem 
fundo imponcre," occur. 3 According to Gaius, ser- 
vitutes urbanae could only be transferred by the in 
jure cessio : servitutes rusticae could be transferred 
by mancipatio also.* 

A servitus might be established by testament 
(servitus legata 5 ), and the right to it was acquired 
when the " dies legati cessit" [yid. Legatum) ; but 
tradition was necessary in order to give a right to 
the publiciana in rem actio. A servitus could be 
established by the decision of a judex in the judi- 
cium familiae erciscundae, communi dividundo, and 
in a case where the judex adjudicated the proprie- 
tas to one and the ususfructus to another. 6 Servi- 
tutes could also be acquired by the praescriptio longi 
temporis. 7 An obscure and corrupt passage of Ci- 
cero 8 seems to allude to the possibility of acquiring 
a right to a servitus by use, as to which a lex 
Scriboni? made a change. (Vid. Lex Scribonia.) 
Quasi servitutes were sometimes simply founded 
on positive enactments, which limited the owner of 
a property in its enjoyment ; 9 and others were con- 
sidered as " velut jure impositce." 10 

A servitus might be released (remitti) to the own- 
er of the fundus serviens, 11 or it might be surren- 
dered by allowing the owner of the fundus serviens 
to do certain acts upon it which were inconsistent 
with the continuance of the servitus. 12 If both the 
dominant and the servient land came to belong to 
one owner, the servitutes were extinguished ; there 
was a confusio. 13 If the separate owners of two 
separate estates jointly acquired an estate which 
was servient to the two separate estates, the servi- 



1. (Dig. 8, tit. 3, s. 8.)— 2. (Gaius, ii., 30, 31.— Savigny, Das 
Rccht des Besitzes.)— 3. (Cic. ad Quint.., iii., 1, c. 2.)— 4. (Gai- 
us, ii., 39.) — 5. (Dig. 33, tit. 3.) — 6. (Dig. 7, tit. 1, s. 6.) —7. 
(Cod., vii., tit. 33, s. 12.)— 8. (ad Att., xv., 26.)— 9. (Nov., 22, c. 
46. s. 2.)— 10. (Dig. 39, tit. 3, s. 1, $ 23, and Dig. 43, tit. 27, De 
Arbonbus Caedendis.) — 11. (Dig. 8, tit. 1, s. 14.) — 12. (Dig. 8, 
'«t 6, s. 8.1—13. (Dig. 8, tit. 6, s. 1.) 



tutes were not extinguished ; but they were extm 
guished if the joint owners of a dominant estate 
jointly acquired the servient estate. 1 The servitus 
was also extinguished when the usufructuarius ac- 
quired the proprietas of the thing. A servitus was 
extinguished by the extinction of the object ; but if 
the servient object was restored, the servitus was 
also restored." A servitus was extinguished by the 
extinction of the subject, as in the case of a person 
al servitude, with the death of the person who waa 
entitled to it ; and in the case of praedial servitutes, 
with the destruction of the dominant subject ; but 
they were revived with its revival. A servitus 
might be extinguished by not using it. According 
to the old law, ususfructus and usus were lost, 
through not exercising the right, in two years in 
the case of things immovable, and in one year in 
the case of things movable. In Justinian's legisla- 
tion, ususfructus and usus were only lost by not 
exercising the right when there had been a usuca- 
pio libertatis on the part of the owner of the thing, 
or the ownership had been acquired by usucapi- 
on. 3 

Servitutes might be the subjects of actiones in 
rem. An actio confessoria or vindicatio servitutis 
had for its object the establishing the right to a ser- 
vitus, and it could only be brought by the owner of 
the dominant land when it was due to land. The 
object of the action was the establishment of the 
right, damages, and security against future disturb- 
ance in the exercise of the right. The plaintiff had, 
of course, to prove his title to the servitus. The 
actio negatoria or vindicatio libertatis might be 
brought by the owner of the property against any 
person who claimed a servitus in it. The object 
was to establish the freedom of the property from 
the servitus for damages, and for security to the 
owner against future disturbance in the exercise of 
his ownership. The plaintiff had, of course, to prove 
his ownership, and the defendant to prove his title 
to the servitus. 4 

In the case of personal servitutes, the interdicts 
were just the same as in the case of proper posses- 
sion ; the interdict which was applied in the case 
of proper possession was here applied as a utile in 
terdictum.* 

In the case of praedial servitutes, we must first 
consider the positive. In the first class, the acqui- 
sition of the juris quasi possessio is effected by an 
act which is done simply as an exercise of the right, 
independent of any other right. The interference 
with the exercise of the right was prevented by in- 
terdicts applicable to the several cases. A person 
who was disturbed in exercising a jus itineris, ac- 
tus, viae, by any person whatever, whether the own- 
er of the servient land or any other person, had a 
right to the interdict : the object of this interdict 
was protection against the disturbance, and com- 
pensation ; its effect was exactly like that of the 
interdict uti possidetis. Another interdict applied 
to the same objects as the preceding interdict, but 
its object was to protect the person entitled to the 
servitus from being disturbed by the owner while 
he was putting the way or road in a condition fit 
for use. 

There were various other interdicts, as in the 
case of the jus aquae quotidianae vel aestivae ducen- 
dae ;* in the case of the repair of water passages ; 7 
in the case of the jus aquae hauriendas. 8 

The second class of positive servitudes consists 
in the exercise of the servitude in connexion with 



1. (Dig. 8, tit. 3, s. 27.)— 2. (Dig. 8, tit. 2, s. 20 ; tit. 6, s. 14.) 
—3. (Cod., iii., tit. 33, s. 16, $ 1, and tit. 34, s. 13.)— 4. (Gaius, 
iv., 3.— Dig. 8, tit. 5.) — 5. (Frag. Vat., 90, as emended by Sa 
vigny.)— 6. (Dig. 43, tit. 20.)— 7. (43, tit. 21, De Rivis.)— 8. (41 
tit. 22.) 

879 



SERVITUTES. 



SERVTjS 



the possession of another piece of property. The 
interdicts applicable to this case are explained un- 
der the next class, that of negative servitutes. 

In the case of negative servitutes, there are only 
two modes in which the juris quasi possessio can be 
acquired : 1, when the owner of the servient prop- 
erty attempts to do some act which the owner of 
the dominant property considers inconsistent with 
his servitus, and is prevented ; 2, by any legal act 
which is capable of transferring the jus servitutis. 
The possession is lost when the owner of the ser- 
vient property does an act which is contrary to the 
right. The possession of the servitutes of the sec- 
ond and third class was protected by the interdict 
uti possidetis. There was a special interdict about 
sewers (De C loads 1 ). 

It has been stated that quasi servitutes were 
sometimes founded on positive enactments. These 
were not servitutes properly so called s for they were 
limitations of the exercise of ownership made for 
the public benefit. The only cases of the- limitation 
of the exercise of ownership by positive enactment 
which are mentioned in the Pandect, are reducible 
to three principal classes. The first cisss compre- 
hends the limitation of ownership on religious 
grounds. To this class belongs finis, or a space of 
five feet in width between adjoining estates, which 
it was not permitted to cultivate. This intermedi- 
ate space was sacred, and it was used by the own- 
ers of the adjoining lands for sacrifice. To this 
class also belongs the rule, that if a man had bu- 
ried a dead body on the land of another without his 
consent, he could not, as a general rule, be compel- 
led to remove the body, but he was bound to make 
recompense. 2 The second class comprehends rules 
relating to police. According to the Twelve Ta- 
bles, every owner of land in the city was required 
to leave a space of two feet and a half vacant all 
round any edifice that he erected : this was called 
legitimum spatium, legitimus modus. Consequently, 
between two adjoining houses there must be a va- 
cant space of five feet. This law was, no doubt, 
often neglected ; for, after the fire in Nero's reign, 3 
it was forbidden to build houses with a common 
wall (communio parietum), and the old legitimum 
spatium was again required to be observed ; and it 
is referred to in a rescript of Antoninus and Verus. 4 
This class also comprehends rules as to the height 
and form of buildings. Augustus 5 fixed the height 
at seventy feet ; Nero also, after the great fire, made 
some regulations with the view of limiting the height 
of houses. Trajan fixed the greatest height at sixty 
feet. These regulations were general, and had no 
reference to the convenience of persons who pos- 
sessed adjoining houses : they had, therefore, no re- 
lation at all to the servitutes altius tollendi and non 
tollendi, as some writers suppose. The rule of the 
Twelve Tables, which forbade the removing a " lig- 
num furtivum cedibus vel vineis junctum" had for its 
object the preventing of accidents. 6 Another rule 
declared that the owners of lands which were ad- 
joining to public aquaeducts should permit materials 
to be taken from their lands for these public purpo- 
ses, but should receive a proper compensation. The 
Twelve Tables forbade the burning or interring of a 
dead body in the city ; and this rule was enforced 
by a lex Duilia. In the time of Antoninus Piurj, this 
rule prevailed both in Rome and other cities. 

The third class of limitations had for its object 
the promotion of agriculture. It comprised the 
rules relating to Aqua Pluvia, and to the tignum 
junctum in the case of a vineyard ; and it gave a 
man permission to go on his neighbour's premises 

1. (Dig. 43, tit. 23.)— 2. (Dig. 11, tit. 7, s. 2, 7, 8.)— 3. (Tacit., 
&.nn., xv., 43. 1—4. (Dig. 8, tit. 2, s. 14.)— 5. (Suet., Octav., 89.) 
(Dig. 47, tit. • ) 
A30 



to gather the fruits which had fallen thereon from 
his trees, with this limitation, that he could only go 
every third day. 1 The Twelve Tables enacted that 
if a neighbour's tree hung over into another person's 
land, that person might trim it to the height of fif- 
teen feet from the ground (quindecim pedes altius earn 
sublucator). The rule was a limitation of owner- 
ship, but not a limitation of the ownership of the 
tree-owner : it was a limitation of the ownership 
of the land-ow r ner; for it allowed his neighbour's 
tree to overhang his ground, provided there were 
no branches less than fifteen feet from the ground. 

With these exceptions, some of which were of 
great antiquity, ownership in Roman law must be 
considered as unlimited. These limitations, also, 
had no reference to the convenience of individuals 
who had adjoining houses or lands. With respect 
to neighbours, the law allowed them to regulate 
their mutual interests as they pleased ; and, accord- 
ingly, a man could agree to allow a neighbour to 
derive a certain benefit from his land, which their 
proximity rendered desirable to him, or he could 
agree to abstain from certain acts on his land for 
the benefit of his neighbour's land. The law gave 
force to these agreements under the name of servi- 
tutes, and assimilated the benefits of them to the 
right of ownership by attaching to them a right of 
action like that which an owner enjoyed. 

This view of the limitation of ownership among 
the Romans by positive enactment is from a valua 
ble essay by Dirksen. 2 

This imperfect sketch may be completed by ref- 
erence to the following works, and the authorities 
quoted in them : Mackeldey, Lehrbuch, cfc. — Miih- 
lenbruch, Doctrina Pandectarum, p. 268, &c. — Sa- 
vigny, Das Recht des Besitzes, Juris Quasi Possesno, 
p. 525, 5th ed. — Von der Bestellung der Servilutcn 
durch simple Vertrag und Stipulation, von llasse, 
Rhein. Mus. fur Jurisprudenz, Erster Jahrgang.— 
Von dem Verh'dltniss des Eigenthums zu den Servi- 
tuten, von Puchta, Rhein. Mus. Erst. Jahrg. 

SERVUS (Greek). The Greek dovloq, like the 
Latin servus, corresponds to the usual meaning of 
our word slave. Slavery existed almost through 
out the whole of Greece ; and Aristotle 3 says that 
a complete household is that which consists of 
slaves and freemen (olnia 6e reXsiog Ik SovXuv Kai 
kXevdtpuv), and he defines a slave to be a living 
working-tool and possession (6 dovlog efityvxov opya- 
vov ;* 6 dovXog KTr/fid rt e/nipvxov 5 ). None of the 
Greek philosophers ever seem to have objected to 
slavery as a thing morally wrong ; Plato, in his per- 
fect state, only desires that no Greeks should be 
made slaves by Greeks, 6 and Aristotle 7 defends the 
justice of the institution on the ground of a diversi- 
ty of race, and divides mankind into the free (kliv- 
depoi). and those who are slaves by nature (oi yvaei 
dovl'ji) : under the latter description he appears to 
have regarded all barbarians in the Greek sense of 
the word, and therefore considers their slavery jus- 
tifiable. 

In the most ancient times there are said to have 
been no slaves in Greece ; 8 but we find them in the 
Homeric poems, though by no means so generally 
as in later times. They are usually prisoners taken 
in war (doptdluroL), who serve their conquerors ; 
but we also read as well of the purchase and sale 
of slaves. 9 They were, however, at that time 
mostly confined to the houses of the wealthy. 

There were two kinds of slavery among th€ 
Greeks. One species arose when the inhabitants 



1 (Dig. 43, tit. 28, De Glande legenda.) — 2. (Ueber die go- 
setz-ichen beschrftnkungen des Eigenthums, &c, Zeitschrift 
vol ii.)— 3. (Polit., i., 3.) — 4. (Ethic. Nicom., viii., 13.)— 5. (Po 
lit., i., 4.) -6. (De Rep., v., p. 469.)— 7. (Polit , i.)— 8. (Herod 
vi ., 137.— Pherecrat. ap. Athen., vi., p. 263, b.)— 9. (Od , xv 
483.) 



SERVUS. 



SERVUS 



of a country were subdued by an invading tribe, 
and reduced to the condition of serfs or bondsmen : 
they lived upon and cultivated the land which their 
masters had appropriated to themselves, and paid 
them a certain rent. They also attended their mas- 
ters in war. They could not be sold out of the 
country or separated from their families, and could 
acquire property. Such were the Helots of Sparta 
'vid. Helotes), the Penestas of Thessaly (vid. Pe- 
nestai), the Bithynians at Byzantium, the Callicyrii 
at Syracuse, the Mariandyni at Heraclea in Pontus, 
Hie Aphamiotae in Crete. ( Vid. Cosmi, p. 316.) 
The other species of slavery consisted of domestic 
slaves acquired by purchase (upyvpuvijToc or xP va &- 
utjtol 1 ), who were entirely the property of their mas- 
ters, and could be disposed of like any other goods 
and chattels : these were the fiov?^ot properly so 
called, and were the kind of slaves that existed at 
Athens and Corinth. In commercial cities slaves 
were very numerous, as they performed the work 
of the artisans and manufacturers of modern towns. 
In poorer republics, which had little or no capital, 
and which subsisted wholly by agriculture, they 
would be few : thus in Phocis and Locris there are 
said to have been originally no domestic slaves. 3 
The majority of slaves were purchased ; few, com- 
paratively, were born in the family of the master, 
partly because the number of female slaves was 
very small in comparison with the male, and partly 
because the cohabitation of slaves was discouraged, 
as it was considered cheaper to purchase than to 
rear slaves. A slave born in the house of a master 
was called oiKOTptip, in contradistinction to one pur- 
chased, who was called oIkettjs. 3 If both the father 
and mother were slaves, the offspring was called 
jiKbidovloc; :* if the parents were oUoTptfec, the off- 
spring was called oiKOTpttaiog* 

It was a recognised rule of Greek national law, 
*>hat the persons of those who were taken prisoners 
m war became the property of the conqueror, 6 but 
it was the practice for the Greeks to give liberty to 
• hose of their own nation on payment of a ransom. 
Consequently, almost all slaves in Greece, with the 
exception of the serfs above mentioned, were barba- 
1 ians. It appears to follow, from a passage in Ti- 
inaeus, 7 that the Chians were the first who carried 
on the slave-trade, where the slaves were more 
numerous than in any other place except Sparta, 
that is, in comparison with the free inhabitants. 8 
In the early ages of Greece, a great number of slaves 
was obtained by pirates, who kidnapped persons on 
the coasts, but the chief supply seems to have come 
from the Greek colonies in Asia Minor, who had 
abundant opportunities of obtaining them from their 
own neighbourhood and the interior of Asia. A 
considerable number of slaves also came from 
Thrace, where he parents frequently sold their 
children. 9 

At Athens, as well as in other states, there was 
a regular slave-market, called the kvkXoc, 10 be- 
2ause the slaves stood round in a circle. They 
were also sometimes sold by auction, and appear 
then to have been placed On a stone called the 
irpaTTjp XLdoq : 11 the same- was also the practice 
in Rome, whence the phrase homo de lapide emtus. 
( Vid. Aoctio.) The slave-market at Athens seems 
to have been held on cenain fixed days, usually 
the last day of the month (the evrj Kai via or vov- 
uTjvia 1 *). The price cf slaves also naturally dif- 
fered according to their age, strength, and acquire- 

1. (Vid. Isocr., Plata., p. 300, ed. Steph.)— 2. (Athen., vi., p. 

264, e.— Clinton, F. H., ii., p. 411, 412.)— 3. (Amraon. and Sui- 
das, js. v.) — 4. (Eustath. ad Od., ii., 290.) — 5. (Pollux, Onom., 
Hi., 76.) — 6. (Xen., Cyr., vii., 5, tf 73.) — 7. (ap. Athen., vi., p. 

265, b.)— 8. (Thuoyd., viii., 40.)— 9. (Herod., v., fi.)— 10. (Har- 
yocr., s. v.)— 1 1 . (Pollux, Onom., iii.. 78.)— 12. (Arstoph., Equit., 
♦.3, with the schol.) 

5T 



ments. " Some slaves," says Xenophon, 1 are 
well worth two minas, others hardly half a mi- 
na ; some sell for five minas, and others even for 
ten ; and Nicias, the son of Niceratus, is said to 
have given no less than a talent for an overseer in 
the mines." Bockh 2 has collected many particu- 
lars respecting the price of slaves ; he calculates 
the value of a common mining slave at from 125 to 
150 drachmas. The knowledge of any art had a 
great influence upon the value of a slave. Of the 
thirty-two or thirty-three sword-cutlers who be- 
longed to the father of Demosthenes, some were 
worth five, some six, and the lowest more than 
three minas ; and his twenty couch-makers, togeth- 
er, were worth 40 minas. 3 Considerable sums 
were paid for courtesans and female players on the 
cithara ; twenty and thirty minas were common for 
such :* Neaera was sold for thirty minas. 5 

The number of slaves was very great in Athens. 
According to the census made when Demetrius 
Phalereus was archon (B.C. 309), there are said to 
have been 21,000 free citizens, 10,000 metics, and 
400,000 slaves in Attica : 6 according to which, the 
slave population is so immensely large in proportion 
to the free, that some writers have rejected the ac- 
count altogether, 7 and others have supposed a cor- 
ruption in the numbers, and that for 400,000 we 
ought to read 40,000. 8 Bockh 9 and Clinton, 10 how- 
ever, remark, with some justice, that in computing 
the citizens and metics, the object was to ascertain 
their political and military strength, and hence the 
census of only males of full age was taken ; while, 
in enumerating slaves, which were property, it 
would be necessary to compute all the individuals 
who composed that property. Bockh takes the pro- 
portion of free inhabitants to slaves as nearly one 
to four in Attica, Clinton as rather more than three 
to one ; but, whatever may be thought of these cal 
culations, the main fact, that the slave population 
in Attica was much larger than the free, is incon- 
trovertible : during the occupation of Decelea by 
the Lacedaemonians, more than 20,000 Athenian 
slaves escaped to this place. 11 In Corinth and 
^Egina their number was equally large : according 
to Timaeus, Connth had 460,000, and according to 
Aristotle, ^Egina had 470,000 slaves ; ia but these 
large numbers, especially in relation to ^Egina, must 
be understood only of the early times, before Athens 
had obtained possession of the commerce of Greece. 

At Athens even the poorest citizen had a slave 
for the care of his household, 13 and in every moder- 
ate establishment many were employed for all pos- 
sible occupations, as bakers, cooks, tailors, &c. 
The number possessed by one person was never so 
great as at Rome during the later times of the Re- 
public and under the Empire, but it was still very 
considerable. Plato 1 * expressly remarks, that some 
persons had fifty slaves, and even more. This was 
about the number which the father of Demosthenes 
possessed ; 15 Lysias and Polemarchus had 120, 16 
Philemonides had 300, Hipponicus 600, and Nicias 
1000 slaves in the mines alone. 17 It must be borne 
in mind, when we read of one person possessing so 
large a number of slaves, that they were employed 
in various workshops, mines, or manufactories : the 
number which a person kept to attend to his own 
private wants or those of his household was proba- 
bly never very large. And this constitutes one 

1. (Mem., ii., 5, Y 2.)— 2. (Publ. Econ. of Athens, i., p. 92, 
&c.)— 3. (in *.phob., i., p. 816.)— 4. (Ter., Adelph., iii., i., 37 , 
2, 15; iv., 7, 24.— IJ., Phorm., iii., 3, 24.)— 5. (Den-osth. in 
Neaer., p. 1354, 16.) — 6. (Ctesicles ap. Athen., vi., p. 272, c.)— 
7. (Niebuhr, Hist, of Rome, ii., p. 69, n. 143.)— 8. (Hume's Es- 
says, vol. i., p. 443.) — 9. (Ibid., i., p. 52, &c.) — 10. (F. H., ii., 
p. 391.)— 11. (Thucyd., vii., 27.)— 12. (Athen., 1. c.)— 13. (Aris 
toph., Plut., init.)— 14. (De Rep., ix., p. 578.)— 15. (:n Aphob., 
i , p. 823.) — 16. (Lys. in Eratosth., p. 395.) — 17. (Xen., D« 
Vect., iv., 14, 15.) 

881 



SERVUS. 



SERVUS. 



great distinction between Greek and Roman slaves, 
that the labour of the former was regarded as the 
means by which an owner might obtain profit for 
the outlay of his capital in the purchase of the 
slaves, while the latter were chiefly employed in 
ministering to the wants of their master and his 
family, and in gratifying his luxury and vanity. 
Thus Athenaeus 1 remarks that many of the Ro- 
mans possess 10,000 or 20,000 slaves, and even 
more ; but not, he adds, for the sake of bringing in 
a revenue, as the wealthy Nicias. 

Slaves either worked on their masters' account 
or their own (in the latter case they paid their mas- 
ters a certain sum a day), or they were let out by 
their master on hire, either for the mines or any 
other kind of labour, or as hired servants for wages 
(uiroipopu). The rowers on board the ships were 
usually slaves ; 2 it is remarked as an unusual cir- 
cumstance, that the seamen of Paralos were free- 
men. 3 These slaves belonged either to the state 
or to private persons, who let them out to the state 
on payment of a certain sum. It appears that a 
considerable number of persons kept large gangs of 
slaves merely for the purpose of letting out, and 
found this a profitable mode of investing their capi- 
tal. Great numbers were required for the mines, 
and in most cases the mine lessees would be 
obliged to hire some, as they would not have suffi- 
cient capital to purchase as many as they wanted. 
We learn from a fragment of Hyperides preserved 
by Suidas, 4 that there were at one time as many as 
150,000 slaves who worked in the mines and were 
employed in country labour. Generally none but 
inferior slaves were confined in these mines : they 
worked in chains, and numbers died from the effects 
of the unwholesome atmosphere. 5 We cannot cal- 
culate with accuracy what was the usual rate of 
profit which a slave proprietor obtained. The thir- 

y-two or thirty-three sword-cutlers belonging to 
the father of Demosthenes annually produced a net 
profit of 30 minas, their purchase value being 190 
minas, and the twenty couch-makers a profit of 12 
minas, their purchass value being 40 minas. 6 The 
leather- workers of Timarchus produced to their 
masters two oboli a day, the overseers three : 7 
Nicias paid an obolus a day for each mining slave 
which he hired. 8 The rate of profit upon the pur- 
chase-money of the slaves was naturally high, as 

;heir value was destroyed by age, and those who 

lied had to be replaced by fresh purchases. The 
. )roprietor was also exposed to the great danger of 

heir running away, when it became necessary to 
pursue them, and offer rewards for their recapture 
(adicrrpa 9 ). Antigenes of Rhodes was the first that 
established an ensurance of slaves. For a yearly 
contribution of eight drachmas for each slave that 
wa? m the army, he undertook to make good the 

<kiue of the slave at the time of his running away. 10 
Slaves that worked in the fields were under an 
overseer (e7u'rpo7roc), to whom the whole manage- 
ment of the estate was frequently intrusted, while 
the master resided in the city ; the household slaves 
were under a steward (ra/iiac), the female slaves 
under a stewardess (rafica). 11 

The Athenian slaves did not, like the Helots of 
Sparta and the Penestee of Thessaly, serve in the 
/armies ; the battles of Marathon and Arginusag, 
when the Athenians armed their slaves, 12 were ex- 
ceptions to the general rule. 



1. /vi., p. 272, c.)— 2. (Isocrat., De Pace, p. 169, ed. Steph.)— 
3. (Thucyd., viii., 73.) — 4. (s. v. 'Airc^rjcpiaaTO.) — 5. (Bockh, 
on the Silver Mines of Laurion, p. 469, 470, transl.) — 6. (De- 
mosth. in Aphob., i.,p. 816. — Bockh, Public Econ., &c, i., p. 
100.)— 7. (^Eschin. in Tim., p. 118.)— 8. (Xen., Vect., iv., 14.) 
—9. (Xen., Mem., ii., 10, $ 1, 2.— Plat., Protag-., p. 310.)— 10. 
(Pseudo-Anst., CEcon., c. 35.)— 11. (Xen., CEcon., xii., 2; ix., 
II )— 12. (Pausan., i., 32, 1) 3.— Schol. ad Aristoph., Ran., 33.) 
832 



The rights of possession with regard to slaves 
differed in no respect from any other property , 
they could be given or taken as pledges. 1 The con- 
dition, however, of Greek slaves was, upon the 
whole, better than that of Roman ones, with the 
exception, perhaps, of Sparta, where, according to 
Plutarch, 2 it is the best place in the world to be a 
freeman, and the worst to be a slave (kv AaKedai- 
fxovi Kal tov eXevdepov juuXiara elevdepov elvai, kqI 
tqv dovTiov /j.u?uara SovXov). At Athens especially, 
the slaves seem to have been allowed a degree of 
liberty and indulgence which was never granted to 
them at Rome. 3 On the reception of a new slave 
into a house at Athens, it was the custom to scat- 
ter sweetmeats (Karaxvcfiara), as was done in the 
case of a newly-married pair.* 

The life and person of a slave were also protect- 
ed by the law : a person who struck or maltreated 
a slave was liable to an action (vSpeoc ypaffi) ; a 
slave, too, could not be put to death without legal 
sentence. 6 He could even take shelter from the 
cruelty of his master in the Temple of Theseus, and 
there claim the privilege of being sold by him (izpu- 
aiv alTelodai 1 ). The person of a slave, however, 
was not considered so sacred as that of a freeman : 
his offences were punished with corporeal chastise- 
ment, which was the last mode of punishment in- 
flicted on a freeman ; 8 he was not believed upon 
his oath, but his evidence in courts of justice was 
always taken with torture. (Vid. Basanos.) 

Notwithstanding the generally mild treatment of 
slaves in Greece, their insurrection was not unfre 
quent ; 9 but these insurrections in Attica were usu- 
ally confined to the mining slaves, who were treatec 
with more severity than the others. On one occa- 
sion they murdered their guards, took possession ol 
the fortifications of Sunium, and from this poin«. 
ravaged the country for a considerable time. 10 

Slaves were sometimes manumitted at Athens, 
though not so frequently as at Rome ; but it seema 
doubtful whether a master was ever obliged to lib- 
erate a slave against his will for a certain sum of 
money, as some writers have concluded from a 
passage ofPlautus. 11 Those who were manumitted 
\aizElev0epoi) did not become citizens, as they might 
at Rome, but passed into the condition of metics. 
They were obliged to honour their former master 
as their patron (irpoardTTjc), and to fulfil certain 
duties towards him, the neglect of which rendered 
them liable to the bixr} dnoaraGiov, by which they 
might again be sold into slavery. ( Vid. Libertus, 
Greek; AII02TA2I0Y AIKH.) 

Respecting the public slaves at Athens, see De- 
mosioi. 

It appears that there was a tax upon slaves at 
Athens, 12 which Bockh 13 supposes was three oboli 
a year for each slave. 

Besides the authorities quoted in the course of 
this article, the reader may refer to Petitus, Leg. 
Att., ii., 6, p. 254, &c. — Reitermeier, Gesch. der 
Sclaverei in Griechenland, Berl., 1789. — Limburg 
Brouwer, Histoire de la Civilisation des Grecs, in., 
p. 267, &c— Wachsmuth, Hell. Alt., I., i , p. 171 
— Gottling, De Notione Servitutis apud Aristotelem? 
Jen., 1821. — Hermann, Lehrbuch der Griech. Staats- 
alt., $ 114. — Becker, Charikles, ii., p. 20, &c. 

1. (Dem. in Pantaenet., p. 967 ; in Aphob., p. 821 ; in One- 
tor., i., p. 871.)— 2. (Lye, 28.)— 3. (Compare Plut., De Garrul., 
18. — Xen., De Rep. Athen., i., 12.)— 4. (Aristoph., Plut., 768. 
with schol. — Demosth. in Steph., p. 1123, 29. — Pollux, Onom.. 
iii., 77. — Hesych. and Suidas, s. v. Karaxvaixara.) — 5. (Dem 
in Mid., p. 529. — .Eschin. in Tim., p. 41. — Xen., De Rep 
Athen., i., 10.— Athen., vi., p. £67,/. — Meier, Att. Proc, p. 
322, &c.)— 6. (Eurip., Hec, 287, 288.— Antiph., De Caed. Herod., 
p. 728.)— 7. (Plut., Thes., 36.— Pollux, Onom., vii., 13.— Meier 
Att. Proc, p 403, &c.) — 8. (Dem. in Timoc\, p. 752.) — 9 
(Plat., Leg., vi., p. 777.,— 10. (Athen., vi.. p. 272,/.)— 11. (Ca 
sin., ii., 5, 7.)— 12. (Xen., De Vect., iv., 25.)— 13. (Pull. Econ 
&c, ii., p. 47, 48.) 



SERVUS. 



SERVUS. 



SERVUS (Roman), SE'RVITUS. " Scrvitus est 
constitulio juris gentium qua quis dominio alieno 
contra ncturam subjicitur. ,n Gaius also considers 
the potestas of a master over a slave as "juris gen- 
tium."* The Romans viewed liberty as the natural 
state, and slavery as a status or condition which 
was contrary to the natural state. The mutual re- 
lation of slave and master among the Romans was 
expressed by the terms servus and dominus ; and 
the power and interest which the dominus had over 
and in the slave was expressed by dominium. The 
term dominium or ownership, with reference to a 
slave, pointed to the slave merely as a thing or ob- 
ject of ownership, and a slave, as one of the res 
mancipi, was classed with other objects of owner- 
ship. The word potestas was also applied to the 
master's power over the slave, and the same word 
was used to express the father's power over his 
children. The boundaries between the patria and 
dominica potestas were originally very narrow, but 
the child had certain legal capacities which were 
altogether wanting to the condition of the slave. 
The master had no potestas over the slave if he 
had merely a " nudum jus Quiritium in servo:'" it was 
necessary that the slave should be his in bonis at 
■east. 3 

According to the strict principles of the Roman 
law, it was a consequence of the relation of master 
and slave that the master could treat the slave as 
he pleased ; he could sell him, punish him, and put 
him to death. Positive morality, however, and the 
social intercourse that must always subsist between 
a master and the slaves who are immediately about 
hire, ameliorated the condition of slavery. Still we 
read of acts of great cruelty committed by masters 
in the later republican and earlier imperial periods, 
and the lex Petronia was enacted in order to pro- 
tect the slave. ( Vid. Lex Petronia, p. 584.) The 
original power of life and death over a slave, which 
Gaius considers to be a part of the jus gentium, 
was limited by a constitution of Antoninus, which 
enacted that, if a man put his slave to death with- 
out sufficient reason {sine causa), he was liable to 
the same penalty as if he had. killed another man's 
slave. The constitution applied to Roman citizens, 
and to all who were under the imperium Roma- 
num.* The same constitution also prohibited the 
cruel treatment of slaves by their masters, by enact- 
ing, that if the cruelty of the master was intolera- 
ble, he might be compelled to sell the slave, and 
the slave was empowered to make his complaint to 
the proper authority. 5 A constitution of Claudius 
enacted, that if a man exposed his slaves who 
were infirm, they should become free ; and the con- 
stitution also declared, that if they were put to death, 
the act should be murder. 6 It was also enacted, 7 
that in sales of division of property, slaves, such as 
husband and wife, parents and children, brothers 
and sisters, should not be separated. 

A slave could not contract a marriage. His co- 
habitation with a woman was contubernium, and 
10 legal relation between him and his children was 
recognised. Still nearness of blood was considered 
an impediment to marriage after manumission : 
thus, a manumitted slave could not marry his man- 
umitted sister. 8 

A slave :ould have no property. He was not in- 
capable of acquiring property, but his acquisitions 
belonged to his master, which Gaius considers to 
be a rule of the jus gentium. 9 A slave could ac- 
quire for his master by mancipatio, traditio, stipula- 
te, or in any other way. In this capacity of the 

1. (Florent., Dig. 1, tit. 5, s. 4.) -2. (i., 52.) — 3. (Gaius, i., 
54.)— 4. (Id., i., 52, &c.)— 5. (Senec, De Benef., iii., 22.)— 6. 
(Sueton., Claud., 25.)— 7. (Cod., iii., tit. 38, s. 11.)— 8. (Dig. 23, 
tit. 2. s. 14.)— 9. (i, 52 ) ' 



slave to take, though he could not keep, his condi- 
tion was assimilated to that of a filiusfamilias, and 
he was regarded as a person. If one person had a 
nudum jus Quiritium in a slave, and he was anoth- 
er's in bonis, his acquisitions belonged to the person 
whose he was in bonis. If a man possessed an- 
other man's slave or a free person, he only acquired 
through the slave in two cases : he was entitled to 
all that the slave acquired out of or by means of 
the property of the possessor {ex re ejus), and he was 
entitled to all that the slave acquired by his own 
labour {ex operis suis) ; the law was the same with 
respect to a slave of whom a man had the ususfruc- 
tus only. All other acquisitions of such slaves or 
free persons belonged to their owner or to them- 
selves, according as they were slaves or free men. 1 
If a slave was appointed heres, he could only ac- 
cept the hereditas with the consent of his master, 
and he acquired the hereditas for his master : in 
the same way the slave acquired a legacy for his 
master. 3 

A master could also acquire possessio through 
his slave, and thus have a commencement of usu- 
capion; 3 but the owner must have the possession of 
the slave in order that he might acquire possession 
through him, and, consequently, a man could not 
acquire possession by means of a pignorated slave. 
{Vid. Pignus.) A bonse fidei possessor, that is, 
one who believed the slave to be his own, could ac- 
quire possession through him in such cases as he 
could acquire property ; consequently, a pledgee 
could not acquire possession through a pignorated 
slave, though he had the possession of him bona 
fide, for this bona fides was not that which is meant 
in the phrase bona? fidei possessor. The usufructu- 
arius acquired possession through the slave in the 
same cases in which the bona? fidei possessor ac- 
quired it.* 

Slaves were not only employed in the usual do- 
mestic offices and in the labours of the field, but 
also as factors or agents for their masters in the 
management of business {vid. Institoria Actio, 
&c), and as mechanics, artisans, and in every 
branch of industry. It may easily be conceived 
that, under these circumstances, especially as they 
were often intrusted with property to a large amount, 
there must have arisen a practice of allowing the 
slave to consider part of his gains as his own : this 
was his peculium, a term also applicable to such 
acquisitions of a filiusfamilias as his father allowed 
him to consider as his own. ( Vid. Patria Potes- 
tas.) According to strict law, the peculium was 
the property of tte master, but according to usage 
it was considered^ to be the property of the slave. 
Sometimes it was agreed between master and slave 
that the slave should purchase his freedom with his 
peculium when it amounted to a certain sum. 5 If a 
slave was manumitted by the owner in his lifetime, 
the peculium was considered to be given together 
with libertas, unless it was expressly retained.' 
Transactions of borrowing and lending could take 
place between the master and slave with respect to 
the peculium, though no right of action arose on 
either side out of such dealings, conformably to a 
general principle of Roman law. 7 If, after the 
slave's manumission, the master paid him a debt 
which had arisen in the manner above mentioned, 
he could not recover it. 8 In case of the claim of 
creditors on the slave's peculium, the debt of the 
slave to the master was first taken into the account, 
and deducted from the peculium. So far was the 
law modified, that in the case of the naturales obli- 

J. (Ulp., Frag., tit. 19.)— 2. (Gaius, ii., 87, &c.) — 3. (Id.. 
ii., 89, &c.) — 4. (Saviguy, Das Recht des Besitzes, p. 314, ed. 5.; 
— 5. (Tacit., Ann., xiv., 42, and the note of Lipsius.) — 6. (Dig. 
15, tit. 1, s. 53, De Peculio.)— 7. (Gaius, r , 78.)— 8. (Dig. 12, 
tit. 6, s. 64.) 

8R3 



SERVUS 



SERVUS 



gationes, as the Romans called them, between mas- 
ter and slave, a fidejussor could be bound for a 
slave, whether the creditor was an extraneus, or a 
dominus to whom the slave was indebted. 

A naturalis obligatio might also result from the 
dealings of a slave with other persons than his mas- 
ter ; but the master was not at all affected by such 
dealings. The master was only bound by the acts 
and dealings of the slave when the slave was em- 
ployed as his agent or instrument, in which case 
the master might be liable to an actio Exercitoria 
oi Institgria. 1 There was, of course, an actio 
against the master when the slave acted by his or- 
ders. (Vid. Jussu, Quod, &c.) If a slave or filius- 
familias traded with his peculium with the knowl- 
edge of the dominus or father, the peculium and all 
that was produced by it were divisible among the 
creditors and master or father in due proportions 
(pro rata portione) ; and if any of the creditors com- 
plained of getting less than his share, he had a 
tributoria actio against the master or father, to 
whom the law gave the power of distribution among 
the creditors. 2 The master was not liable for any- 
thing beyond the amount of the peculium, and his 
own demand was payable first. 3 Sometimes a slave 
would have another slave under him, who had a 
peculium with respect to the first slave, just as the 
slave had a peculium with respect to his master. 
On this practice was founded the distinction be- 
tween servi ordinarii and vicarii.* These subordi- 
nate peculia were, however, legally considered as 
included in the principal peculium. In the case of 
a slave dying, being sold or manumitted, the edict 
required that any action in respect of the peculium 
must be brought within a year. 5 If a slave or fil- 
iusfamilias had carried on dealings without the 
knowledge and consent of his master or father, 
theie might be an action against the master or fa- 
ther in respect of such dealings, so far as it could 
be proved that he had derived advantage from them. 
This was called the actio de in rem verso, 6 and it 
was, in fact, the same actio as that de peculio. 
That was said "in rem patris dominive versuni" 
which turned out for his advantage. For instance, 
if a slave borrowed ten sestertia and paid them to 
the master's creditors, the master was bound to 
pay the loan, and the lender had an actio against 
him de in rem verso. If the slave paid any part 
of the borrowed sum to his master's creditors, the 
master was liable to the lender for the amount so 
applied , and if the slave had wasted the other part, 
the mastei was bound to make that good to the 
amount of the slave's peculium ; but still with this 
provision, that the amount of the slave's peculium 
could only be ascertained by first deducting from it 
what he owed to the master. The case was the 
same with the peculium of a son and a slave. 
Thus, as Gaius observes, 7 the actio de peculio and 
de in rem verso was one actio, but contained two 
condemnations. 

It is a consequence of the relation of slave and 
master, that the master acquired no rights against 
the slave in consequence of his delicts. Other per- 
sons might obtain rights against a slave in conse- 
quence of his delicts, but their right could not be 
prosecuted by action until the slave was manumit- 
ted. 9 They had, however, a right of action against 
the slave's master for damages, and if the master 
would not pay the damages, he must give up the 
slave. (Vid. Noxa.) The slave was protected 
against injury from other persons. If the slave 
was killed, the master might either prosecute the 



1. (Gaius, iv., 71.)— 2. (Id., iv., 72, &c.)— 3. (Dig. 14, tit. 4, 
De Tributoria Actione.)— 4. (Dig. 15, tit. 1, s. 17.)— 5. (Dig. 
15, tit. 2, s. 1, which contains the words of the Edict.) — 6. 
(Dig. 15, tit. 3.)— 7. (iv., 73, and the note on c. 72.)— 8. (Gaius, 
•v , 77.) 

8«4 



killer for a capital offence, or sue for damages un- 
der the lex Aquilia. 1 (Vid. Aquilia Lex,vInjuria.) 
The master had also a praetoria actio in duplum 
against those who corrupted his slave (servus, serva) 
and led him into bad practices : 2 the in duDlum was 
to twice the amount of the estimated damage. He 
had also an action against a person who committed 
stuprum with his female slave. 3 

A runaway slave (fugitivus) could not lawfully be 
received or harboured ; to conceal him was furtum. 
The master was entitled to pursue him wherever 
he pleased, and it was the duty of all authorities to 
give him aid in recovering the slave. It was the 
object of various laws to check the running away 
of slaves in every way, and, accordingly, a runaway 
slave could not legally be an object of sale. A 
class of persons called fugitivarii made it their 
business to recover runaway slaves. The rights of 
the master over the slave were in no way affected 
by his running away ;* there was a lex Fabia on 
this subject, and apparently two senatus consulta at 
least.* 

A person was a slave either jure gentium or jure 
civili. A person was born a slave jure gentium 
whose mother was a slave when she gave him 
birth ; 6 for it was a legal principle, that the status 
of those who were not begotten in justae nuptiae was 
to be reckoned from the moment of the birth. A 
slave born in the master's house was verna ; but 
it was also a principle of Roman law, that the status 
of a person who was begotten in justae nuptiae was 
reckoned from the time of conception. At a later 
period the rule of law was established, that, though 
a woman at the time of the birth might be a slave, 
still her child was free, if the mother had been free 
at any time reckoning backward from the time of 
the birth to the time of the conception. 7 There 
were various cases of children the offspring of a 
free parent and a slave, as to which positive law 
provided whether the children should be free or 
slaves. 8 (Vid. Senatus Consultum Claudianum.) 

A person became a slave by capture in war, also 
jure gentium. Captives in war were sold as be- 
longing to the aerarium, or distributed among the 
soldiers by lot. 9 In reference to the practice of 
selling prisoners with a crown on their heads, we 
find the expression "sub corona venire, vendere." 10 

A free person might become a slave in various 
ways in consequence of positive law, jure civili. 
This was the case with incensi (vid. Caput), and 
those who evaded military service. 11 In certain 
cases, a man became a slave if he allowed himself 
to be sold as a slave in order to defraud the purcha- 
ser ; and a free woman who cohabited with a slave 
might be reduced to the same condition. (Vid. 
Senatus Consultum Claudianum.) Under the Em- 
pire, the rule was established that persons con- 
demned to death, to the mines, and to fight with 
wild beasts, lost their freedom, and their property 
was confiscated, whence, concludes Gaius, it ap- 
pears that they lose the testamenti factio. 13 But 
this was not the earlier law. A person so con 
demned, though he lost his freedom, had no master, 
and, consequently, thehereditates and legacies which 
were left to him were simply void, for such a per- 
son was "pozncz servus, non Ccesaris." 13 A man 
never lost his freedom by usucapion. 14 According 
to the old law, a manifestus fur was liable to a cap- 
italis poena, and was addicted (addicebatur) to the 

1. (Gaius, iii., 213.)— 2. (Dig. 11, tit. 3, s. 1, where the words 
of the Edict are given.)— 3. (Dig. 47, tit. 10, s. 25.)— 4. (Dig. 11, 
tit 4 De Fugitivis.)— 5. ( Vid. also Varro, De Re Rust., iii., 14. 
—Floras, iii., 19.)— 6. (Gaius, i., 82.)— 7. (Paulus, S. R., ii., tit 
24 —Dig. 1, tit. 5, s. 5.)-S. (Gaius, i., 63, &c.)-9. (Vid. Wal- 
ter's Geschichte, &c, p. 5P note 35.)— 10. (Gell., vn., 4.— lay., 
v.. 22.— Cssar, Bell. Gall., aL, 16.)— 11. (Cic, Pro Carina., 34 ) 
—12. (Dig. 28, tit. 1, s. 8.)— 13. (Dig. 34, tit. 8, s. 3.)-14. (G» 
ius, ii., 48.) 



SERVUS. 



SERVUS. 



person whose property he had stolen ; but it was 
doubted whether the effect of the addictio was to 
make him a servus, or to put him in the condition 
of an adjudicatus. 1 

By a constitutio or senatus consultum of Claudi- 
us, 8 a freedman who misconducted himself towards 
his patron was reduced to his former state of sla- 
very. But this was not the rule of law in the time 
of Nero. 3 (Vid. Patronus, Libertus.) 

The state of slavery was terminated by Manu- 
missio. It was also terminated, by various positive 
enactments, either by way of reward to the slave, 
or punishment to the master. The Senatus Con- 
sultum Sii.anianum is an example of the former ; 
and various subsequent constitutions gave freedom 
to slaves who discovered the perpetrators of cer- 
tain crimes.* Liberty might also be acquired by 
the praescriptio temporis. After the establish- 
ment of Christianity, it might be acquired, subject 
to certain limitations, by becoming a monk or a 
spiritual person ; 5 but if the person left his monas- 
tery for a secular life, or rambled about in the 
towns or the country, he might be reduced to his 
former servile condition. 

There were slaves that belonged to the state, and 
were called servi publici : they had the testamenti 
factio to the amount of one half of their proper- 
ty, 6 from which circumstance it appears that they 
were viewed in a light somewhat different from the 
slaves of private persons. 

The preceding account treats of the legal condi- 
tion of slaves in their relation to their masters. It 
remains to give an account of the history of sla- 
very among the Romans, of the sale and value of 
6laves, of the different classes into which they 
were divided, and of their general treatment. 

Slaves existed at Rome in the earliest times of 
which we have any record, but they do not appear 
to have been numerous under the kings and in the 
earliest ages of the Republic. The different trades 
and the mechanical arts were chiefly carried on by 
the clients of the patricians, and the small farms in 
the country were cultivated, for the most part, by 
the labours of the proprietor and of his own family. 
But, as the territories of the Roman state were ex- 
tended, the patricians obtained possession of large 
estates out of the ager publicus, since it was the 
practice of the Romans to deprive a conquered 
people of part of their land. These estates proba- 
bly required a larger number of hands for their 
cultivation than could readily be obtained among 
the free population ; and since the freemen were 
constantly liable to be called away from their work 
to serve in the armies, the lands began to be cultiva- 
ted almost entirely by slave labour. 7 Through war 
and commerce slaves could easily be obtained, and 
at a cheap rate, and their number soon became so 
great that the poorer cl iss of freemen was thrown 
almost entirely out of employment. This st&Ce of 
things was one of the chief arguments used by Li- 
cinius and the Gracchi for limiting the quantity of 
public land which a person might possess ; 8 and 
we know that there was a provision in the Licinian 
rogations that a certain number of freemen should 
be employed on every estate. 9 This regulation, 
however, was probably of little avail : the lands 
still continued to be almost entirely cultivated by 
slaves, although, in the latest times of the Republic, 
we find that Julius Caesar attempted to remedy 
this state of things to some extent, by enacting 
that, of those persons who attended to cattle, a third 



1. (Gaius, iii., 189.)— 2. (Sueton., Claud., 25.)— 3. (Tacitus, 
Ana., xiii., 27. — See the notes of Ernesti and Lipsius on thin 
Passage.)— 4. (Cod. Theod., tit. 21, s. 2.)— 5. (Nov., 5. c. 2 ; and I 

123, c. 17, 35.)— 6. (Ulp , Frag., tit. 20.)— 7. (Compare Liv., vi., (Hor., Sat., i., 3, 11.)— 12. (Dion Cass., lvi., 27.)— 13. (Cic. \U 
12.)— 8. (Appian, B. C. i., 7, 9, 10.)— 9. (Id. lb., 1, 8.) I Off., i., 42.)— 14. (Liv., Epit., 97.) 

SSft 



should always be freemen. 1 In Sicily, which sup 
plied Rome with so great a quantity of corn, the 
number of agricultural slaves was immense : the 
oppressions to which they were exposed drove 
them twice to open rebellion, and their numbers 
enabled them to defy for a time the Roman power. 
The first of these servile wars began in B.C. 134, 
and ended in B.C. 132, and the second commenced 
in B.C. 102, and lasted almost four years. 

Long, however, after it had become the custom 
to employ large gangs of slaves in the cultivation 
of the land, the number of those who served as 
personal attendants still continued to be small. 
Persons in good circumstances seem usually to 
have had one only to wait upon them, 2 who was 
generally called by the name of his master, with 
the word por (that is, puer) affixed to it, as Caipor, 
Lucipor, Marcipor, Publipor, Quintipor, &c. ; and 
hence Quintilian 3 says, long before whose time lux- 
ury had augmented the number of personal attend- 
ants, that such names no longer existed. Cato, 
when he went to Spain as consul, only took three 
slaves with him.* But during the latter times of 
the Republic, and under the Empire, the number 
of domestic slaves greatly increased, and in every 
family of importance there were separate slaves to 
attend to all the necessities of domestic life. It 
was considered a reproach to a man not to keep a 
considerable number of slaves. Thus Cicero, in 
describing the meanness of Piso's housekeeping, 
says, " Idem coquus, idem atriensis : pistor domi nul- 
lus." s The first question asked respecting a per- 
son's fortune was " Quot pascit servos ?" 6 Horace 7 
seems to speak of ten slaves as the lowest num- 
ber which a person in tolerable circumstances 
ought to keep, and he ridicules the praetor Tullius 
for being attended by no more than five slaves in 
going from his Tiburtine villa to Rome. 8 The im- 
mense number of prisoners taken in the constan» 
wars of the Republic, and the increase of wealth 
and luxury, augmented the number of slaves to a 
prodigious extent. The statement of Athenacus, 9 
that very many Romans possessed 10,000 and 
20,000 slaves, and even more, is probably an ex- 
aggeration ; but a freedman under Augustus, who 
had lost much property in the civil wars, left at his 
death as many as 4116. 10 Two hundred was no 
uncommon number for one person to keep, 11 and 
Augustus permitted even a person that was exiled 
to take twenty slaves or freedmen with him. 18 The 
mechanical arts, which were formerly in the hands 
of the clientes, were now entirely exercised by 
slaves ; 13 a natural growth of things, for where 
slaves perform certain duties or practise certain 
arts, such duties or arts will be thought degrading 
to a freeman. It must not be forgotten that the 
games of the amphitheatre required an immense 
number of slaves trained for the purpose. {Vid. 
Gladiatores.) Like the slaves in Sicily, the gla- 
diators in Italy rose in B.C. 73 against their op 
pressors, and, under the able generalship of Sparta- 
cus, defeated a Roman consular army, and were 
not subdued till B.C. 71, when 60,000 of them are 
said to have fallen in battle. 1 * 

Under the Empire, various enactments, mention ■ 
ed above (p. 883), were made to restrain the cruel- 
ty of masters towards their slaves ; but the spread 
of Christianity tended most to ameliorate the con- 
dition of slaves, though the possession of them was 
for a long time by no means condemned as contra- 
ry to Christian justice. The Christian writers, 

1. (Suet., Jul., 42.)— 2. (Plin., H. N., xxxiii., 1, s. 6.)— 3. (i. ; 

4, t> 26.)— 4. (Apul., Apol., p. 430, ed. Ouden.)— 5. (in Pis., 27.) 

—6. (Juv., iii., 141.)— 7. (Sat., i., 3, 12.)— 8. (Sat., i., 6, 107.) 

9. (vi., p. 272, e.)— 10. (Plin., H. N., xxxiii., 10, s. 47.)— 11 
r_.. o-.. : o ii \ in /r»;..„ foe* 1« OT ^ 1Q iCir- ~*\* 



SERVUS. 



SERVUS. 



ho we -er, inculcated the duty of acting towards 
them as we would be acted by, 1 but down to the 
age of Theodosius wealthy persons still continued 
to keep as many as two or three thousand. 2 Jus- 
tinian did much to promote the ultimate extinction 
of slavery, but the number of slaves was again in- 
creased by the invasion of the barbarians from the 
north, who not only brought with them their own 
slaves, who were chiefly Sclavi or Sclavonians 
(whence our word slave), but also reduced many of 
the inhabitants of the conquered provinces to the 
condition of slaves. But all the various classes 
of slaves became merged, in course of time, into the 
adscripti glebae or serfs of the Middle Ages. 

The chief sources from which the Romans ob- 
tained slaves have been pointed out above. Under 
the Republic, one of the chief supplies was prison- 
ers taken in war, who were sold by the quaestors 3 
with a crown on their heads (see above, p. 884), 
and usually on the spot where they were taken, as 
the care of a large number of captives was incon- 
venient. Consequently, slavedealers usually ac- 
companied an army, and frequently, after a great 
battle had been gained, many thousands were sold 
at once, when the slavedealers obtained them for a 
mere nothing. In the camp of Lucullus, on one oc- 
casion, slaves were sold for four drachmae each. 
The slave-trade was also carried on to a great ex- 
tent, and after the fall of Corinth and Carthage, De- 
los was the chief mart for this traffic. When the 
Oilician pirates had possession of the Mediterra- 
nean, as many as 10,000 slaves are said to have 
been imported and sold there in one day. 4 A large 
number came from Thrace and the countries in 
the north of Europe, but the chief supply was from 
Africa, and more especially Asia, whence we fre- 
quently read of Phrygians, Lycians, Cappadocians, 
&c, as slaves. • 

The trade of slavedealers (mangones) was con- 
st lered disreputable, and expressly distinguished 
from that of merchants {mangones non mercatores 
sed venaliciarii appellanlur 5 ) ; but it was very lucra- 
tive, and great fortunes were frequently realized 
from it. The slavedealer Thoranius, who lived in 
the time of Augustus, was a well-known charac- 
ter. 6 Martial 7 mentions another celebrated slave- 
dealer in his time, of the name of Gargilianus. 

Slaves were usually sold by auction at Rome. 
They were placed either on a raised stone (hence 
de lapide cmtus*) or a raised platform {catasta 9 ), so 
that every one might see and handle them, even if 
they did not wish to purchase them. Purchasers 
usually took care to have them stripped naked, 10 for 
slavedealers had recourse to as many tricks to con- 
ceal personal defects as the horse-jockeys of mod- 
ern times : sometimes purchasers called in the ad- 
vice of medical men. 11 Slaves of great beauty and 
rarity were not exhibited to public gaze in the com- 
mon slave-market, but were shown to purchasers 
in private {arcana tabulata catasta 1 *). Newly-im- 
ported slaves had their feet whitened with chalk, 13 
and those that came from the East had their ears 
bored, 14 which we know was a sign of slavery 
among many Eastern nations. The slave-market, 
like all other markets, was under the jurisdiction 
of the aediles, who made many regulations by edicts 
respecting the sale of slaves. The character of 
the slave was set forth in a scroll {titulus) hanging 



1 (Clem. Alex., Paedag., iii., 12.) — 2. (Chrysost., vol. vii., p. 
633.)— 3. (Plaut., Capt., i., 2, 1, 2.)— 4. (Strabo, xiv., p. 668.)— 
5. (Dig. 50, tit. 16, s. 207— Plaut., Trin., ii., 2, 51.)— 6. (Suet., 
Octav., 69.— Macrob., Sat., ii., 4.— Plin., H. N., vii., 12, s. 10.) 
—7. (viii., 13.)— 8. (Cic. in Pis., 15.— Plaut., Bacch., iv., 7, 17.) 
— 9. (Tibull., ii., 3, 60. — Persius, vi., 77. — Casaubon, ad loc.) — 
0. (Senec, Ep., 80.— Suet., Octav., 69.)— 11. (Claudianin Eu- 
>ro]>., i., 35, 36.)— 12. (Mart., ix., 60.)— 13. (Plm., H. N., xxxv., 
17, s. 58.— Ovid, Am., i., 8, 64.)— 14. (Juv., i., 104.) 
886 



around his neck, which was a warranty to tne 
purchaser : l the vendor was bound to announce 
fairly all his defects, 2 and if he gave a false account, 
had to take him back within six months from the 
time of his sale, 3 or make up to the purchaser what 
the latter had lost through obtaining an inferior 
kind of slave to what had been warranted. 4 The 
I vendor might, however, use general terms of com- 
mendation without being bound to make them 
good. 5 The chief points which the vendor had to 
warrant were the health of the slave, especially 
freedom from epilepsy, and that he had not a ten- 
dency to thievery, running away, or committing 
suicide. 6 The nation of a slave was considered 
important, and had to be set forth by the vendor. 7 
Slaves sold without any warranty wore at the time 
of sale a cap (pileus) upon their head. 8 Slaves 
newly imported were generally preferred for com- 
mon work : those who had served long were con- 
sidered artful (veteratores 9 ) ; and the pertness and 
impudence of those born in their master's house 
(verncB : see above, p. 884) were proverbial (vernoi 
procaces 10 ). 

The value of slaves depended, of course, upon 
their qualifications ; but under the Empire, the in- 
crease of luxury and the corruption of morals led 
purchasers to pay immense sums tor beautiful 
slaves, or such as ministered to the caprice or 
whim of the purchaser. Eunuchs always fetched 
a very high price, 11 and Martial 12 speaks of beauti- 
ful boys who sold for as much as 100,000 or 200,000 
sesterces each (885Z. 8s. Ad., and 1770/. 16s. 8d.). 
A morio or fool sometimes sold for 20,000 sester- 
ces. 13 Slaves who possessed a knowledge of any 
art which might bring in profit to their owners also 
sold for a large sum. Thus literary men and doc- 
tors frequently fetched a high price, 14 and also 
slaves fitted for the stage, as we see from Cicero's 
speech on behalf of Q. Roscius. Female slaves 
who might bring in gain to their masters by prosti 
tution were also dear : sometimes 60 minae were 
paid for a girl of this kind. 15 Five hundred drachmae 
(perhaps at that time about 18/.) seem to have 
been a fair price for a good ordinary slave in the 
time of Horace. 16 In the fourth century, a slave ca- 
pable of bearing arms was valued at 25 solidi or 
aurei. 17 (Vid. Aueom, p. 129.) In the time of Jus- 
tinian, the legal valuation of slaves was as follows : 
common slaves, both male and female, were valued 
at 20 solidi apiece, and under ten years of age at 
half that sum ; if they were artificers they Avere 
worth 30 solidi ; if notarii, 50 ; if medical men or 
midwives, 60 ; eunuchs under ten years of age were 
worth 30 solidi, above that age, 50, and, if they were 
artificers also, as much as 70. 18 Female slaves, un- 
less possessed of personal attractions, were general- 
ly cheaper than male. Six hundred sesterces (about 
51.) were thought too much for a slave girl of indif- 
ferent character in the time of Martial, 19 and two 
aurei or solidi were not considered so low a price 
for a slave girl (ancilla) in the time of Hadrian as 
to occasion doubt of her having come honestly into 
the hands of the vendor. 20 We have seen that in 
the time of Justinian the legal value of female 
slaves was equal to that of males ; this may prob 
ably have arisen from the circumstance that the 
supply of slaves was not so abundant then as at 



1. (Gell., iv., 2.— Propert., iv., 5, 51.)— 2. (Dig. 21, tit. 1, s. 1. 
— Hor., Sat., ii., 3, 284.)— 3. (Dig. 21, tit. 1, s. 19, $ 6.)-4. (Dig. 
19, tit. 1, s. 13, I) 4.— Cic, De Off., iii., 16, 17, 23.) - 5. (Dig. 18, 
tit. 1, s. 43 ; 21, tit. 1, s 19.)— 6. (Cic, De Off., iii., 17.)— 7. 
(Dig. 21, tit. 1, s. 31, t> 21.)— 8. (Gell., vii., 4.)— 9. (Ter., Heaut., 
v., 1, 16.)— 10. (Hor., Sat. ii., 6, 66.— Mart., i., 42 ; x., 3.)— 11 
(Plin., vii., 39, s. 40 )— 12. (iii., 62; xi., 70.)— 13. (Mart., viii 
13.)— 14. (Sueton., De 111. Gramm.— Plin., II. N..~ii., 39, s. 40. 
— 15. (Plaut.,Pers.,iv.,4, 113.)— 16. (Sat., ii., 7, 43.)— 17. (Cod 
Theod.. vii., tit. 13, s. 13.)— 18. (Cod., vi., tit. 44, s. 3.)— 19. (ri , 
66.)— 20. (Dig. 47, tit., 2, s. TO.) 



SERVOS. 



SERVUS. 



earlier ;• lines, ar d ihat, therefore, recourse was had 
to propagation for keeping up the number of slaves. 
But under the Republic, and in the early times of 
the Empire, this was done to a very limited extent, 
as it was found cheaper to purchase than to breed 
slaves. 

Slaves were divided into many various classes : 
the first division was into public or private. The 
former belonged to the state and public bodies, and 
their condition was preferable to that of the com- 
mon slaves. They were less liable to be sold, and 
under less control than ordinary slaves : they also 
possessed the privilege of the testamenti factio to 
the amount of one half of their property (see above, 
p. 885), which shows that they were regarded in a 
different light from other slaves. Scipio, therefore, 
on the taking of Nova Carthago, promised 2000 ar- 
tisans, who had been taken prisoners, and were 
therefore to be sold as common slaves, that they 
should become public slaves of the Roman people, 
with a hope of speedy manumission, if they assisted 
him in the war. 1 Public slaves were employed to 
take care of the public buildings, 2 and to attend 
upon magistrates and priests. Thus the aediles 
and quaestors had great numbers of public slaves 
at their command, 3 as had also the triumviri noc- 
turni, who employed them to extinguish fires by 
night.* They were also employed as lictors, jail- 
ers, executioners, watermen, &c. 

A body of slaves belonging to one person was 
called familia, but two were not considered suffi- 
cient to constitute a. familia.* Private slaves were 
divided into urban (familia urbana) and rustic (fa- 
milia rustica) ; but the name of urban was given to 
those slaves who served in the villa or country res- 
idence as well as in the town house, so that the 
words urban and rustic rather characterized the 
nature of their occupations than the place where 
they served (urbana familia ct rustica non loco, scd 
genere distinguitur 6 ). The familia urbana could 
therefore accompany their master to his villa with- 
out being called rustica on account of their remain- 
ing in the country. When there was a large num- 
ber of slaves in one house, they were frequently di- 
vided into decuriae : 7 but, independent of this divis- 
ion, they were arranged in certain classes, which 
held a higher or a lower rank according to the na- 
ture of their occupation. These classes are : Ordi- 
narii, Vulgares, Mediastini, and Quales-Quales ;* but 
it is doubtful whether the Literati, or literary slaves, 
were included in any of these classes. Those that 
were called Vicarii are spoken of above (p. 884). 

Ordinarii seem to have been those slaves who 
had the superintendence of certain parts of the 
housekeeping. They were always chosen from 
those who had the confidence of their master, and 
they generally had certain slaves under them. To 
this class the adores, procuratores, and dispensatores 
belong, who occur in the familia rustica as well as 
the familia urbana, but in the former are almost the 
same as the villici. They were stewards or bail- 
iffs. 9 To the same class also belong the slaves 
who had the charge of the different stores, and who 
correspond to our housekeepers and butlers : they 
are called cellarii, promi, condi, procuratores peni, See. 
(Vid. Cella.) 

Vulgares included the great body of slaves in a 
house who had to attend to any particular duty in 
the house, and to minister to the domestic wants 
of their master. As there were distinct slaves or 
a distinct slave for almost every department of 
household economy, as bakers (pistores), cooks (co- 

1. (Liv., xxxii., 47.)— 2. (Compare Tacit., Hist., i., 43.)— 3. 
(Gell., xni., 13.)-4. (Dier. 1, tit. 15, s. 1.)— 5. (Dig. 50, tit. 16, 
i. 40.)— 6. (Dig. 50, tit. '16, s. 166.)— 7. (Petron., 47.)— 8. (Dig. 
47. tit. 10, s. 15 )— 9. (Colum., i , 7, 8.— Plin., Ep., iii., 1 J.— Cic. 
ad Att., xi., 1.— Suet., Galb., 12 ; Vesp., 22.) 



qui), confectioners (dulciarii), picklers (salmentarti), 
&c, it is unnecessary to mention these more par- 
ticularly. This class also included the porters (os- 
tiarii), the bedchamber slaves (vid. Cubicularii), 
the litter-bearers (lecticarii) (vid. Lectica), and aU 
personal attendants of any kind. 
Mediastinii. (Vid. Mediastini.) 
Quales-Quales are only mentioned in the Digest, 1 
and appear to have been the lowest class of slaves, 
but in what respects they differed from the medias- 
tini is doubtful : Becker 2 imagines they may have 
been a kind of slaves, qualiquali conditione vivinies, 
which, however, does not give us any idea of their 
duties or occupations. 

Literati, literary slaves, were used for various 
purposes by their masters, either as readers (ana- 
gnosta) (vid. Acroama), copyists or amanuenses 
(vid. Librarii, Amanuensis), &c. Complete lists 
of all the duties performed by slaves are given in 
the works of Pignorius, Pompa, and Blair, referred 
to at the close of this article. 

The treatment of slaves, of course, varied greatlj 
according to the disposition of their masters, but 
they appear, upon the whole, to have been treated 
with greater severity and cruelty than among the 
Athenians. Originally the master could use the 
slave as he pleased : under the Republic the law 
does not seem to have protected the person or life 
of the slave at all, but the cruelty of masters was 
to some extent restrained under the Empire, as has 
been stated above (p. 883). The general treatment 
of slaves, however, was probably little affected by 
legislative enactments. In early times, when the 
number of slaves was small, they were treated with 
more indulgence, and more like members of the 
family ; they joined their masters in offering up 
prayers and thanksgivings to the gods, 3 and partook 
of their meals in common with their masters, 
though not at the same table with them, but upon 
benches (subsellia) placed at the foot of the lectus. 
But with the increase of numbers and of luxury 
among masters, the ancient simplicity of manners 
was changed : a certain quantity of food was allow- 
ed them (dimensum or demensum), which was grant- 
ed to them either monthly (menstruum 5 ) or daily 
(diarium 6 ). Their chief food was the corn called 
far, of which either four or five modii were granted 
them a month, 7 or one Roman pound (libra) a 
day. 8 They also obtained an allowance of salt and 
oil : Cato 9 allowed his slaves a sextarius of oil a 
month, and a modius of salt a year. They also got 
a small quantity of wine, with an additional allow- 
ance on the Saturnalia and Compitalia, 10 and some- 
times fruit, but seldom vegetables. Butcher's meat 
seems to have been hardly ever given them. 

Under the Republic they were not allowed to 
serve in the army, though after the battle of Can- 
nae, when the state was in such imminent danger, 
8000 slaves were purchased by the state for the 
army, and subsequently manumitted on account of 
their bravery. 11 

The offences of slaves were punished with sever- 
ity, and frequently the utmost barbarity. One of 
the mildest punishments was the removal from the 
familia urbana to the rustica, where they were 
obliged to work in chains or fetters. 12 They were 
frequently beaten with sticks or scourged with the 
whip (of which an account is given under Flaurum) ; 
but these were such every- day punishments that 
many slaves ceased almost to care for them . thus 
Chrysalus says, 13 



1. (1. c.)— 2. (Gallus, i., p. 125.)— 3. (Hon, Ep., ii., 1, 142.; 
—4. (Plut., Coriol., 24.)— 5. (Plaut., Stich., i., 2, 3.)— 6. (Hor., 
Ep., i., 14, 41.— Mart., xi., 108.)— 7. (Donat. in Ter., Phorra., i. 
1, 9.— Sen.,Ep., 80.)— 8. (Hor., Sat., i., 5, 69.)— 9. (R. R., 58 ) 

— 10. (Cato, De Re Rust., 57.)— 11. (Liv., xxii., 57 ; xxiv., 14-16.) 

— 12. i Plaut.. Most., i., 1, 18. — Ter., Phonn., ii., 1, 20.) — 13 
(Plaut., Bacchid., n., 3, 131.) 

887 



SESELI. 



SESTERTIUS. 



" Si iili tunt virgcu ruri, at mihi tergum est domi." 

Runaway slaves (fugitivi) and thieves (fures) 
were branded on the forehead with a mark {stigma), 
whence they are said to be notati or inscripti. 1 
Slaves were also punished by being hung up by 
their hands with weights suspended to their feet, 2 
or by being sent to work in the Ergastulum or Pis- 
trinum. ( Vid. Ergastulum, Mola.) The carrying 
of the furca was a very common mode of punish- 
ment. (Vid. Furca.) The toilet of the Roman la- 
dies was a dreadful ordeal to the female slaves, who 
A r ere often barbarously punished by their mistresses 
for the slightest mistake in the arrangement of the 
hair or a part of the dress. 3 

Masters might work their slaves as many hours 
in the day as they pleased, but they usually allowed 
them holydays on the public festivals. At the festi- 
val of Saturnus in particular, special indulgences 
were granted to all slaves, of which an account is 
given under Saturnalia. There was no distinct- 
ive dress for slaves. It was once proposed in the 
senate to give slaves a distinctive costume, but it 
was rejected, since it was considered dangerous to 
show them their number. 4 Male slaves were not 
allowed to wear the toga or bulla, nor females the 
stola, but otherwise they were dressed nearly in the 
same way as poor people, in clothes of a dark colour 
(pullati) and slippers (crepidce) (veslis servilis b ). 

The rites of burial, however, were not denied to 
slaves ; for, as the Romans regarded slavery as an 
institution of society, death was considered to put 
an end to the distinction between slaves and free- 
men. Slaves were sometimes even buried with 
their masters, and we find funeral inscriptions ad- 
dressed to the Dii Manes of slaves (Dis Manibus). 
It seems to have been considered a duty for a mas- 
ter to bury his slave, since we find that a person 
who buried the slave cf another had a right of ac- 
tion against the master for the expenses of the fu- 
nerax. 6 In 1726 the burial vaults of the slaves be- 
longing to Augustus and Livia were discovered near 
the Via Appia, where numerous inscriptions were 
found, which have been illustrated by Bianchini and 
Gori, and give us considerable information respect- 
ing the different classes of slaves and their various 
occupations. Other sepulchreta of the same time 
have been also discovered in the neighbourhood of 
Rome. 7 

*SES (ct/c), " a term generally supposed to sig- 
nify the Tinea of the Latins, i. e., the Book-worm, 
but used by Aristotle in a more extended sense. 
That said to be formed in wax would appear' to be 
the Phalcena cereana ; that formed in wood (called 
by him unapt) is the Tennes fatalis, or White Ant ; 
that formed among clothes is probably the Phalcena 
sarcitella. Others, says Schneider, hold them to be 
the Tinea vestinella, T. pellinella, and T. mellonella. 
It is to be borne in mind that the Tinea form a di- 
vision of the genus Phalama."* 

*SES'AMUM (aTjaafiov), the Sesamum Orientale, 
or Eastern Oily-grain. 9 

SESCUNX. (Vid. As, p. 110.) 

*SES'ELI (aeaeAi), a plant, of which Dioscorides 
describes three species, the Seseli Massiliense, S. 
Mlhiopicum, and 'S. Peloponnesiacum. " The gegeal 
of Galen is the first of these. The oeoeTu of Theo- 
phrastus is the same as the ropdvAtov, namely, the 
Tordyllium officinale, or Hartwort. The alliance 
between the gegeal and tordyllium is pointed out 

1. (Mart., viii., 75, 9.) — 2. (Plaut., Asm., n., 2, 37, 38.)— 3. 
(Ovid, Am., i., 14, 15. —Art. Amat., iii., 235. — Mart., ii., 66 — 
Juv., vi., 498, &c.) — 4. (Sen., De Clem., i., 24.)— 5. (Cic. in 
Pis., 38.)— 6. (Dig. 11, tit. 7, s. 31.)— 7. (Pignorius,De Servis el 
eorum apud Vet. Mmist,— Popma, De Opens Servorum.— Blair, 
An Inquiry into the State of Slavery among the Romans, Edinb., 
1833.— Becker, Gallus, i., p. 103, &c.)— 8. (Aristot., H. A., v., 
26.— Adams, Append., s. v.)— 9. (Dioscor., ii., 121.— Theophr., 
U. P., i., 11.) 

H88 



by Dioscorides and Pliny. According to Stephens 
Alston, and others, the popular name of the Seset 
Massiliense is 'Hard Meadow Saxifrage,' but its 
scientific name is Seseli tortuosum. This species is 
the ' Sil Gallicus' of Apicius. It is also called ' SiP 
by Celsus. Dr. Milligan, however, confounds it 
with the Sil Atticum, a sort of red ochre, which 
was never used for medicinal purposes. Sprenge.. 
follows Anguillara in referring the S. JEthiopicum 
to the Bupleurum frulicosum, and Matthiolus in hold- 
ing that the Peloponnesiacum is the Ligusticum Pel- 
oponnesiacum.'''' 1 

SESTE'RTIUS, a Roman coin, which properly 
belonged to the silver coinage, in which it was one 
fourth of the denarius, and therefore equal to 2^ 
asses. Hence the name, which is an abbreviation 
of semis tertius (sc. nummus), the Roman mode of 
expressing 2^. 2 The word ?iummus is often ex- 
pressed with sestertius, and often it stands alone, 
meaning sestertius. 

Hence the symbol H S or I I S, which is used to 
designate the sestertius. It stands either for L L 
S (Libra Libra et Semis), or for IIS, the two I's 
merely forming the numeral two (sc. asses or libra), 
and the whole being in either case equivalent to du- 
pondius et semis. 3 

When the as was reduced to half an ounce, and the 
number of asses in the denarius was made sixteen 
instead often (Vid. As, Denarius), the sestertius 
was still ^ of the denarius, and therefore contained 
no longer 2£, but 4 asses. The old reckoning of 10 
asses to the denarius was kept, however, in paying 
the troops. 4 After this change the sestertius was 
coined in brass as well as in silver ; the metal used 
for it was that called aurichalcum, which was much 
finer than the common Ms, of which the asses were 
made. 5 

The sum of 1000 sestertii was called sestertium. 
This was also denoted by the symbol H S, the ob- 
vious explanation of which is "IIS (2^) millia ;" 
but Gronovius understands it as 2£ pounds of silver 
(sestertium pondus argenti), which he considers to 
have been worth originally 1000 sestertii, and there- 
fore to have represented this value ever after. 6 The 
sestertium was always a sum of money, never a 
coin ; the coin used in the payment of large sums 
was the denarius. 

According to the value we have assigned to the 
Denarius up to the time of Augustus, we have 

£. s. d. j'arth. 
the sestertius =0 2-5 
the sestertium=8 17 1 
after the reign of Augustus : 
the sestertius =0 







35 



1 

the sestertium=7 16 3 

The sestertius was the denomination of mon- 
ey almost always used in reckoning considerable 
amounts. There are a very few examples of the 
use of the denarius for this purpose. The mode of 
reckoning was as follows : 

Sestertius-=sestertius nummus=-nummus. 
Sums below 1000 sestertii were expressed by the 
numeral adjectives joined with either of these 
forms. 

The sum of 1000 sestertii=-mz7/e sestertii=M ses- 
tertium (for sestertiorum) =M nummi—N. nummum 
(for nummorum) =M sestertii nummi=M sestertium 
nummum=s ester tium. These forms are used with 
the numeral adjectives below 1000 ; sometimes 
millia is used instead of sestertia ; sometimes both 
words are omitted ; sometimes nummum or sester- 
tium is added. For example, 600,000 sestertii= 



1. (Theophr., H. P., ix., 15. — Dioscor., iii., 33-35. — Celsus, v , 
23.— Adams, Append., s. v.)— 2. (Varro, L. L., v., 173, cd. Mul- 
j er . — Fsstus, s. v.— Plin., H. N., xxxi , 13.) — 3. (Priscian, De 
Pondor., p. 1347.— Festus, p. 347, Mullei )— 4. (Plin.,H N.,1 c 
— i. (Plin., H. N., xxxiv., 2.)— 6. (Pec. Vet. , i., 4, 11.) 



SESTERTIUM. 



SHIPS. 



tescenta sestertia=sescenta millia=seseenta=sescen- 
ia sestcitia nummum. 

For sums of a thousand sestertia (i. e., a million 
sestertii) and upward, the numeral adverbs in ies 
{dccies, undecies, vicies, <SfC.) are used, with which 
the words centena millia (a hundred thousand) 
must be understood. With these adverbs the con- 
racted genitive plural sestertiiim (for sestertiorum) 
is joined in the case required by the construction. 
Thus, decie..i sestertium=decies centena millia ses- 
t€rtuun=tcn times a hundred thousand sestcrtii= 
1,000,000 sestertii=1000 sestertia: millies H S= 
millies centena millia scste r tium=a thousand times 
me hundred thousand sestertia— 100,000,000 ses- 
tcrtii=lQO,000 sestertia. When an amount is de- 
scribed by more than one of these adverbs in ies, 
they must be added together if the larger numer- 
al stands first, but multiplied when the smaller 
is first ; care, however, being taken not to reck- 
on the centena millia which is understood more 
than once in the whole amount. Thus Suetonius 1 
has millies et quingenties for 150,000 sestertia, i. e., 
100,000,000-f 50,000,000=150,000,000 sestertii, and 
immediately after quaterdecies millies for 1,400,000 
sestertia, i. e. t 14x1000x100,000 (=1,400,000,000) 
sestertii. A variety was allowed in these forms : 
thus Cicero uses decies et octingenta millia for 1800 
sestertia, i. e., 1,000,000 + 800,000 sestertii, and 
quaterdecies for 1400 sestertia, i. e., 14 X 100,000 ses- 
tertii. 2 

When the numbers are written in cipher, it is 
often difficult to know whether sestertii or sestertia 
are meant. A distinction is sometimes made by a 
line placed over the numeral when sestertia are in- 
tended, or, in other words, when the numeral is an 
adverb in ies. Thus 

HS . M. C.=1100 sestertii ; but 

HS . M. C.=HS millies centies 

=110,000 sestertia=l 10,000,000 ses- 
tertii. 

VVurm (p. 24) gives the following rule : When 
Ihe numbers are divided into three classes by points, 
the right-hand division indicates units, the second 
thousands, the third hundreds of thousands. Thus, 
II!. XII. DC =300,000-|-12,0004-600=312,600 ses- 
tertii. But these distinctions are by no means 
strictly observed in the manuscripts. 

Like other parts and multiples of the as, the ses- 
tertius is applied to other kinds of magnitude, e. g., 
pes sestertius for 2% feet. (Vid. Pes.) 

Sesterce is sometimes used as an English word. 
If so, it ought to be used only as the translation of 
sestertius, never of sestertium. 
SEVIR. (Vid. Equites, p. 418.) 
SEX SUFFRA'GIA. (Vid. Equites, p. 416.) 
SEXTANS. (Vid. As, p. 111.) 
SEXTA'RIUS, a Roman dry and liquid measure, 
which may be considered one of the principal 
measures in the Roman system, and the connecting 
point between it and that of the Greeks, for it was 
equal to the &aTnc of the latter. It was one sixth 
of the congius, and hence its name. It was divided, 
in the same manner as the As, into parts named 
uncia, sextans, quadrans, triens, quincunx, semissis, 
<$c. The uncia, or twelfth part of the sextarius, 
was* the Cyathus ; its sextans was therefore two 
cyathi, its quadrans three, its triens four, its quin- 
cunx five, &c. 3 

The following *able exhibits the principal Roman 
uquid measures, with their contents in the English 
imperial measure. The dry measures, which are 
nearly the same, have been given under Modius. 







Sexlarii. 


Gall. 


PlBt» 


Culeus, tontaining 


960 


118 


7546 


Amphora, 


M 


48 


5 


7577 


Urna, 


« 


24 


2 


7788 


Congius, 


<< 


6 




5-9471 


Sextarius, 


t( 


1 




•9911 


Hemina, 


(( 


± 




•4955 


Quartarius, 


(( 


4 




•2477 


Acetabulum, 


« 


i 




1238 


Cyathus, 


(( 


i 

1 2 




0825 


Ligula, 


M 


1 




0206 



1. (Octav., 10...)— 2. (in Verr., II., i., 3d.)— 3. (Wurm, De 
Pond., <fec, p. 118.) 

5U 



SEXTULA, the sixth part of the uncia, was the 
smallest denomination of money in use among the 
Romans. 1 It was also applied, like the uncia, to 
other kinds of magnitude. (Vid. Uncia.) 

SHIPS (vavc, ttXolov, navis, navigium). The be- 
ginning of the art of ship-building and of naviga- 
tion among the Greeks must be referred to a time 
much anterior to the ages of which we have any 
record. Even in the earliest mythical stories long 
voyages are mentioned, which are certainly not al- 
together poetical fabrications, and we have every 
reason to suppose that at this early age ships were 
used which were far superior to a simple canoe, 
and of a much more complicated structure. The 
time, therefore, when boats consisted of one hollow 
tree (Monoxyla), or when ships were merely rafts 
(Rates, axeScat) tied together with leathern thongs, 
ropes, and other substances, 2 belongs to a period 
of which not the slightest record has reached us, 
although such rude and simple boats or rafts con- 
tinued occasionally to be used down to the latest 
times, and appear to have been very common 
among several of the barbarous nations with which 
the Romans came in contact. 3 (Vid. Codex, Lin- 
ter.) Passing over the story of the ship Argo and 
the expedition of the Argonauts, we shall proceed 
to consider the ships as described in the Homeric 
poems. 

The numerous fleet with which the Greeks sailed 
to the coast of Asia Minor must, on the whole, be 
regarded as sufficient evidence of the extent to 
which navigation was carried on in those times, 
however much of the detail in the Homeric descrip- 
tion may have arisen from the poet's own imagina- 
tion. In the Homeric catalogue it is stated that 
each of the fifty Boeotian ships carried 120 war- 
riors,* and a ship which carried so many cannot 
have been of small dimensions. What Homer 
here states of the Boeotian vessels applies more or 
less to the ships of other Greeks. These boats 
were provided with a mast (laroc), which was fast- 
ened by two ropes (nporovoi) to the two ends of 
the ship, so that, when the rope connecting it with 
the prow broke, the mast would fall towards the 
stern, where it might kill the helmsman. 5 The 
mast could be erected or taken down as necessity 
required. They also had sails (laria), but only a hall- 
deck ; each vessel, however, appears to have had 
only one sail, which was used in favourable wind ; 
and the principal means of propelling the vessel lay 
in the rowers, who sat upon benches (Kkwtdec). 
The oars were fastened to the side of the ship with 
leathern thongs (rpoirol deppd-woi 6 ), in which they 
were turned as a key in its hole. The ships in 
Homer are mostly called black (fieXaivai), probably 
because they were painted or covered with a black 
substance, such as pitch, to protect the wood 
against the influence of the water and the air; 
sometimes other colours, such as /lilrog, minium 
(a red colour), were used to adorn the sides of the 



1. (Varro, L. Lat., v., 171, ed. Muller.)— 2. (Plin , II. N., vii 
57.)— 3. (Compare Quintil., x., 2. — Flor., iv., 2. — FestU3, s. v 
Schedia.-Liv.,xxi.,26.)-4. (11., ii., 510.) — 5. (Od., xii., 408 
&c.)— 6. (Od., iv., 782.) 

889 



SHIPS. 



SHIPS. 



snips near the prow, whence Homer occasionally 
calls ships jLiiXToirdpyoi., i. e., red-cheeked -, 1 they 
were also painted occasionally with a purple colour 
(<poiviKoirdpTjOL 2 ). When the Greeks had landed on 
the coast of Troy, the ships were drawn on land, 
and fastened at the poop with a rope to large stones, 
which served as anchors. 3 (Vid. Ancora.) The 
Greeks then surrounded the fleet with a fortifica- 
tion to secure it against the attacks of the enemy. 
This custom of drawing the ships upon the shore, 
when they were not used, was followed in later 
times also, as every one will remember from the 
accounts in Caesar's Commentaries. There is a 
celebrated but difficult passage in the Odyssey,* in 
which the building of a boat is described, although 
not with the minuteness which an actual ship- 
builder might wish for. Odysseus first cuts down 
with his axe twenty trees, and prepares the wood 
for his purpose by cutting it smooth and giving it 
the proper shape. He then bores the holes for nails 
and hooks, and fits the planks together, and fastens 
them with nails. He rounds the bottom of the ship 
like that of a broad transport vessel, and raises the 
bulwark (hpia), fitting it upon the numerous ribs 
of the ship. He afterward covers the whole of the 
outside with planks, which are laid across the ribs 
from the keel upward to the bulwark ; next the 
mast is made, and the sailyard attached to it, and 
lastly the rudder. When the ship is thus far com- 
pleted, he raises the bulwark still higher by wicker- 
work, which goes all around the vessel, as a protec- 
tion against the waves. This raised bulwark of 
wickerwork and the like was used in later times 
also. 5 For ballast, Odysseus throws into the ship 
v"krj, which, according to the scholiast, consisted of 
wood, stones, and sand. Calypso then brings him 
■naterials to make a sail of, and he fastens the 
vizepat or ropes, which run from the top of the mast 
to the two ends of the yard, and also the k&aoi, with 
which the sail is drawn up or let down. The irodec 
mentioned in this passage were undoubtedly, as in 
later times, the ropes attached to the two lower 
corners of the square sail. 6 The ship of which the 
building is thus described was a small boat, a axsoia, 
as Homer calls it ; but it had, like all the Homeric 
ships, a round or flat bottom. Greater ships must 
have been of a more complicated structure, as ship- 
builders are praised as artists. 7 In the article 
Ceruchi, p. 234, a representation of two boats is 
given, which appear to bear great resemblance to 
the one of which the building is described in the 
Odyssey. 1 * 

It is a general opinion that in the Homeric age 
sailors did not venture out into the open sea, but 
that such was really done is clear from the fact 
that Homer makes Odysseus say that he had lost 
sight of land, and saw nothing but the sky and 
water,* although, on the whole, it may be admitted 
that, even down to the later historical times, the 
navigation of the ancients was confined to coasting 
along the shore. Homer never mentions engage- 
ments at sea. The Greeks most renowned in the 
heroic ages as sailors were the Cretans, whose 
king, Minos, is said to have possessed a large fleet, 
and also the Phaeacians. 10 

After the times of the Trojan war, navigation, 
and with it the art of ship-building, must have be- 
come greatly improved, on account of the establish- 
ment of the numerous colonies on foreign coasts, 
and the increased commercial intercourse with 

1. (II., ii., 637.—Od., ix., 125.)— 2. (Od., xi., 124.)— 3. (Mos- 
chop ad II., i., 436.)— 4. (v., 243, &c.) — 5. (Eustath. ad Od., 
v., 256.) — 6. (Compare Nitzsch, Anmerk. zu Odyss., vol. ii., p. 
35, &c— Ukert, Bemerk. iiber Horn. GeogT., p. 20.)— 7. (II., v., 
60, &c.) — 8. (Comp. Thirlwall, Hist, of Greece, i., p. 219.)— 9. 
(Od., xii., 403. — Compare xiv., 302— Virg., ./En., iii., 192, &c ) 
- 10. (Thucyd., i., 4.— Horn., Od., viii., 110, &c.) 
890 



these colonies and other foreign countries Th« 
practice of piracy, which was during this period 
carried on to a great extent, not only between 
Greeks and foreigners, but also among the Greeks 
themselves, must likewise have contributed to the 
improvement of ships and of navigation, although 
no particulars are mentioned. In Greece itself the 
Corinthians were the first who brought the art of 
ship-building nearest to the point at which we find 
it in the time of Thucydides, and they were the 
first whrr introduced ships with three ranks of row- 
ers (-zpiypeLg, triremes). About the year 700 B.C., 
Ameinocles the Corinthian, to whom this invention 
is ascribed, made the Samians acquainted with it j 1 
but it must have been preceded by that of the bi- 
r ernes, that is, ships with two ranks of rowers, which 
Pliny attributes to the Erythraeans. These innova- 
tions, however, do not seem to have been generally 
adopted for a long time ; for we read that, about the 
time of Cyrus, the Phocaeans introduced long sharp- 
keeled ships called 7revrr]K6vTopoi. 2 These belonged 
to the class of long war-ships (vljec fiaKpai), and had 
fifty rowers, twenty-five on each side of the ship, 
who sat in one row. It is farther stated that be- 
fore this time vessels called arpoyyv?,ai, with large 
round or flat bottoms, had been used exclusively by 
all the Ionians in Asia. At this period most Greeks 
seem to have adopted the long ships with only one 
rank of rowers on each side ; their name varied 
accordingly as they had fifty, or thirty (rpiaiiovTopos), 
or even a smaller number of rowers. A ship of 
war of this class is represented in the annexed 
woodcut, which is taken from Montfaucon, VAntiq. 
Expliq., vol. iv., part 2, pi. 142. 



H_JiS_^. 




The following woodcut contains a beautiful frag 
ment of a bireme, with a complete deck. 3 Another 
specimen of a small bireme is given in p. 58. 




The first Greek people who acquired a navy of 
importance were the Corinthians, Samians, and 
Phocasans. About the time of Cyrus and Camby 
ses, the Corinthian triremes were generally adopted 
by the Sicilian tyrants and by the Corcyraeans, who 
soon acquired the most powerful navies among the 
Greeks. In other parts of Greece, and even at Ath- 
ens and in iEgina, the most common vessels about 
this time were long ships with only one rank of 
rowers. Athens, although the foundation of its 
maritime power had been laid by Solon (vid. Niv- 
craria), did not obtain a fleet of any importance 
until the time of Themistocles, who persuaded them 
to build 200 triremes for the purpose of carrying on 

(Thucyd., i., 13.— Plin H. N., vii., 57.)— 2. (Herod., i., 161 ) 
— 3. (Wmckeloiann, Mon iiitich ined.,pl. 207.) 



SHIPS, 



SHIPS. 



the war against iEgina. But even then ships were 
not provided with complete decks (na-aoTpu/iaTa) 
covering the whole of the vessel. 1 A complete 
deck appears to have been an invention of later 
times ; Pliny ascribes it to the Thasians, and before 
this event the ships had only small decks at the 
poop and the prow. At the same time that The- 
mistocles induced the Athenians to build a fleet of 
200 sails, he also carried a decree that every year 
twenty new triremes should be built from the prod- 
uce of the mines of Laurium. 2 After the time of 
Themistocles as many as twenty triremes must 
have been built every year, both in times of war and 
of peace, as the average number of triremes which 
was always roady was from three to four hundred. 
Such an annual addition was the more necessary, 
as the vessels were of a light structure, and did not 
last long. The whole superintendence of the build- 
ing of new triremes was in the hands of the senate 
of the Five Hundred, 3 but the actual business was 
intrusted to a committee called the TpiqpoTroioi, one 
of whom acted as their treasurer, and had in his 
keeping the money set apart for the purpose. In 
the time of Demosthenes, a treasurer of the rpi-npo- 
rroLot ran away with the money, which amounted to 
two talents and a half. During the time after Alex- 
ander the Great, the Attic navy appears to have be- 
come considerably diminished, as in 307 B.C. De- 
metrius Poliorcetes promised the Athenians timber 
for 100 new triremes. 4 After this time the Rhodi- 
ans became the most important maritime power in 
Greece. The navy of Sparta was never of great 
importance. 

Navigation remained, for the most part, what it 
had been before : the Greeks seldom ventured out 
into the open sea, and it was generally considered 
necessary to remain in sight of the coast, or of some 
sland, which also served as guides in daytime : in 
he night, the position, the rising and setting of the 
different stars, also answered the same purpose. In 
winter navigation generally ceased altogether. In 
cases where it would have been necessaiy to coast 
around a considerable extent of country, which was 
connected with the main land by a narrow neck, 
the ships were sometimes drawn across the neck of 
land from one sea to the other by machines called 
o/Uoi. This was done most frequently across the 
Isthmus of Corinth. 5 

Now, as regards the various kinds of ships used 
by the Greeks, we might divide them with Pliny, 
according to the number of ranks of rowers employ- 
ed in them, into moneres, biremes, triremes, quad- 
riremes, quinqueremes, &c, up to the enormous 
ship with forty ranks of rowers, built by Ptolemaeus 
Philopator. 6 But all these appear to have been 
constructed on the same principle, and it is more 
convenient to divide them into ships of war and 
ships of burden (ipopriKu., (boprnyoi, oA.Ku.6eq, izXola, 
GTpoyyvXai, naves onerariiz, naves actuaries). Ships 
of the latter kind were not calculated for quick 
movement or rapid sailing, but to carry the greatest 
possible quantity of goods. Hence their structure 
was bulky, their bottom round, and, although they 
were not without rowers, yet the chief means by 
which they were propelled were their sails. 

The most common ships of war, after they had 
once been generally introduced, were the triremes, 
and they are frequently designated only by the 
name vfjec, while all the others are called by the 
name indicating their peculiar character. Triremes, 
however, were again divided into two classes : the 

1. (Thucyd., i., 14— Herod., vii., 144.)— 2. (Poly*n., i., 30.— 
Plut , Themist., 4. — Compare Bockh, Staatsh., i., p. 268.) — 3. 
(Demosth., c. Androt., p. 598.) —4. (Diod., xx., 46.— Plut., De- 
metr., 10.)— 5. (Herod., vii., 24.— Thucyd., viii., 1 ; iii., 15, with 
the scbol.— Strab., vii. p. 3S0. — Polyb., iv., 19; v., 101.) — 6. 
/Plin. H. N., 1. c- Ath m., v.. p. 203, <fcc.) 



one consisting of real men-of-war, which were 
quick-sailing vessels (raxelai), and the other of trans- 
ports, either for soldiers (arpar cured eg or 6-K?.LTayu- 
yoi) or for horses ('nnrnyoi, IrrTrayuyol). Ships of this 
class were more heavy and awkward, and were 
therefore not used in battle except in cases of ne- 
cessity. 1 The ordinary size of a war-galley may be 
inferred from the fact that the average number of 
men engaged in it, including the crew and marines, 
was two hundred, to whom, on some occasions, as 
much as thirty epibatae were added. 2 (Vid. Epi- 
bat^e.) The rapidity with which these war-galleys 
sailed may be gathered from various statements in 
ancient writers, and appears to have been so great, 
that even we cannot help looking upon it without 
astonishment when we find that the quickness of 
an ancient trireme nearly equalled that of a modern 
steamboat. Among the war-ships of the Athenians 
their sacred state-vessels were always included (vid 
Salaminia 3 ) ; but smaller vessels, such as the irev- 
TrjKovTopoL or TpianovropoL, are never included when 
the sum of rnen-of-war is mentioned, and their use 
for military purposes appears gradually to have 
ceased. 

Vessels with more than three ranks of rowers 
were not constructed in Greece till about the year 
400 B.C., when Dionysius I., tyrant of Syracuse, 
who bestowed great care upon his navy, built the 
first quadriremes (Terp^peig), with which he had 
probably become acquainted through the Cartha- 
ginians, since the invention of these vessels is ascri- 
bed to them. 4 Up to this time no quinqueremes 
{■KevrfjpELc ) had been built, and the invention of them 
is likewise ascribed to the reign of Dionysius. Mne- 
sigeiton 5 ascribes the invention of quinqueremes to 
the Salaminians ; and, if this statement is correct, 
Dionysius had his quinqueremes probably built by a 
Salaminian ship-builder. In the reign of Dionysius 
II. hexeres (k&peLc) are also mentioned, the inven- 
tion of which was ascribed to the Syracusans. 6 Af- 
ter the time of Alexander the Great, the use of ves- 
sels with four, five, and more ranks of rowers be- 
came very general, and it is well known from Po- 
lybius 7 that the first Punic war was chiefly carried 
on with quinqueremes. Ships with twelve, thirty, 
or even forty ranks of rowers, 8 such as they were 
built by Alexander and the Ptolemies, appear to 
have been mere curiosities, and did not come into 
common use. The Athenians at first did not adopt 
vessels larger than triremes, probably because they 
thought that with rapidity and skill they could do 
more than with large and unwieldy ships. In the 
year B.C. 356 they continued to use nothing but tri- 
remes ; but in 330 B.C. the Republic had already a 
number of quadriremes, which was afterward in- 
creased. The first quinqueremes at Athens are 
mentioned in a document 9 belonging to the year 
B.C. 325. Herodotus, 10 according to the common 
reading, calls the theoris, which in Olympiad 72 the 
JCginetans took from the Athenians, a Tzevr^pvc ; 
but the reading in this passage is corrupt, and 
TCEvrerripic. should be written instead of nevTTjprjc}^ 
After the year 330 the Athenians appear to have 
gradually ceased building triremes, and to have con- 
structed quadriremes instead. 

Every vessel at Athens, as in modern times, had 
a name given to it, which was generally of the fem- 
inine gender, whence Aristophanes 12 calls the tri- 
remes Trapdevovc, and one vessel, the name of which 

1. (Thucyd., i., 116.)— 2. (Herod., viii., 17; vii., 184, 96. -•• 
Compare Bockh, Staatsh., i., p. 298, &c.) — 3 (Compare Bockh, 
Urkunden iiber d Seewesen des Att. Staates, p. 76, <fec.) — 4. 
(Plin.,H.N.,vii.,57.— Diodor., xiv., 41, 42.)— 5. (ap. Plin., 1. c.; 
— 6. (.JSlian, V. H., vi., 12, with the note of Perizonius. — Plin. 
H. N., 1. c.)— 7. (i., 63.)-8. (Plin., 1. c— Athen., v., p. 204, &o.< 
—9. (in Bockh's Urkunden, N. xiv., litt. K.)— 10. (vi., 87.)— H 
(Eockh. Urkunden, p. 76.)— 12. (Eq., 1313.) 

891 



SHIPS 



SHIPS. 



was Nauphante, he calls the daughter of Nauso.' 
The Romans sometimes gave to their ships mascu- 
line names. The Greek names were either taken 
from ancient heroines, such as Nausicaa, or they 
were abstract words, such as 'E.vnloia, Qepaireia, 
Hpovoia, XufrvGa, 'Hye/xovn, &c. In many cases 
the name of the builder also was added. 

We now proceed to describe some of the parts of 
ancient vessels. 

1. The prow (irpupa or /ietuttov, prora) was gea- 
erally ornamented on both sides with figures, which 
were either painted upon the sides or laid in. It 
seems to have been very common to represent an 
eye on each side of the prow. 2 Upon the prow or 
fore-deck there was always some emblem (Trapua-rj- 
uov, insigne, figura) by which the ship was distin- 
guished from others. (Vid. Insigne.) Just below 
the prow, and projecting a little above the keel, was 
the rostrum (e/j,6oXog, ep,6olov) or beak, which con- 
sisted of a beam, to which were attached sharp and 
pointed irons, or the head of a ram, and the like. 
This epBolios was used for the purpose of attacking 
another vessel, and of breaking its sides. It is said 
to have been invented by the Tyrrhenian Pisaeus. 3 
These beaks were at first always above the water, 
and visible ; afterward they were alfcached lower, 
so that they were invisible, and thus became still 
more dangerous to other ships.* The annexed 
woodcuts, taken from Montfaucon,* represent three 
different beaks of ships. 




Connected with the e[i6oloq was the 7rpo£/u6oX'tQ, 
which, according to Pollux, 6 must have been a 
wooden part of the vessel in the prow above the 
beak, and was probably the same as the kiruTtdec, 
and intended to ward off the attack of the £p,6o2.og 
of a hostile ship. The command in the prow of a 
vessel was exercised by an officer called irpupevg, 
who seems to have been next in rank to the steers- 
man, and to have had the care of the gear, and the 
command over the rowers. 7 

2. The stern (irpvfivjj, puppis) was generally above 

1. (25ckh, Urk., p. 81, &c, and a list of names in p. 84, &c.) 

— 2. (Bockh, TJik., p. 102. — Becker, Charikles, ii., p. 60, &c.) 

— 3. (Plin., vii. 57) — 4. (Diod., xi., 27; xiv., 60, 75. — Polyb., 
»., 26; xvi., 5 ; viii., 6.)— 5. (L'Antiq. Expl., iv., 2, tab. 133.) — 
6 (:., 85.)— 7. (Xen., <Ec m., vii., 14.) 

892 



the other parts of the deck, and in i' the helmsman 
had his elevated seat. It is seen in the representa 
tions of ancient vessels to be rounder than tlte prow, 
though its extremity is likewise sharp. The stern 
was, like the prow, adorned in various ways, bu* 
especially with the image of the tutelary deity of 
the vessel (tutela). In some representations a kind 
of roof is formed over the head of the steersman 
(see woodcut, p. 58), and the upper part of the stern 
has the elegant form of a swan's neck. (Vid. Che- 

NISCUS.) 

3. The rpatyrjZ is the bulwark of the vessel, 01, 
rather, the uppermost edge of it. 1 In small boats, 
the pegs (cKa2/uol, scalmi) between which the oars 
move, and to which they are fastened by a thong 
(rpoTruTTJp), were upon the rpd^. 9 In all other 
vessels the oars passed through holes in the side of 
the vessel (b<pda/ifj.oi, rpijfiaTa, or rpvnrjfiaTa). 2 

4. The middle part of the deck in most ships of 
war appears to have been raised above the bulwark, 
or, at least, to a level with its upper edge, and thus 
enabled the soldiers to occupy a position from which 
they could see far around, and hurl their darts 
against the enemy. Such an elevated deck appears 
in the annexed woodcut, representing a moneris. 
In this instance the flag is standing upon the hind- 
deck.* 




5. One of the most interesting as well as impor- 
tant parts in the arrangement of the biremes, trire^ 
mes, &c, is the position of the ranks of rowers, from 
which the ships themselves derive their names. 
Various opinions have been entertained by those 
who have written upon this subject, as the informa- 
tion which ancient writers give upon it is extremely 
scanty. Thus much is certain, that the different 
ranks of rowers, who sat along the sides of a vessel, 
were placed one above the other. This seems at 
first sight very improbable, as the common ships in 
later times must have had five ordines of rowers on 
each side ; and since even the lowest of them must 
have been somewhat raised above the surface of the 
water, the highest ordo must have been at a con- 
siderable height above it, and, consequently, required 
very long oars : the apparent improbability is still 
more increased when we heai of vessels with 
thirty or forty ordines of rowers above one another. 
But that such must have been the arrangement is 
proved by the following facts : First, On works of 
art, in which more than one ordo of rowers is rep- 
resented, they appear above one another, as in fhe 
fragment of a bireme given above, and in several 
others figured by Montfaucon. Secondly, the scho- 
liast on Aristophanes 5 states that the lowest rank 
of rowers having the shortest oars, and, consequent- 
ly, the easiest work, received the smallest' pay, 
while the highest ordo had the longest oars, and, 
consequently, had the heaviest work, and received 



1. (Hesych., s. v.)— 2. (Eockh, Urkund., p. 103.) — 3. (Schoi 
Aristoph., Acharn., 97, &c.) — 4. (Mazois, Pomp, part i., tab 
xxii., rig. 2.) — 5. (Acham., 1106. — Compara Aristoph., Fan 
1105.) 



I 



SHIPS. 



SHIPS. 



the highest pay. Thirdly, In the monstrous reaaa- 
paKovTTjpTjc of Ptolemaeus Philopator, the description 
of which by Callixenus 1 is as authentic as it well 
can be, the height of the ship from the surface of 
the water to the top of the prow (aKpoaroXtov) was 
48 cubits, and from the water to the top of the stern 
(Jx^Xaara) 53 cubits. This height afforded sufficient 
room for forty ranks of rowers, especially as they 
did not sit perpendicularly above one another, but 
one rower, as may be seen in the above representa- 
tion of a bireme, sat behind the other, only some- 
what elevated above him. The oars of the upper- 
most ordo of rowers in this huge vessel were 38 
cubits long. 

In ordinary vessels, from the moneris up to the 
quinqueremis, each oar was managed by one man, 
which cannot have been the case where each oar 
was 38 cubits long. The rowers sat upon little 
benches attached to the ribs of the vessel, and call- 
ed edaXia, and in Latin fori and transtra. The low- 
est row of rowers was called -&aldfj.og, the rowers 
themselves ■Qalanlrat or dald/uioi. 2 The uppermost 
ordo of rowers was called -dpdvog, and the rowers 
themselves dpavlTcu. 3 The middle ordo or ordines 
of rowers were called C,vyd, gvytot, or fryiTai.* 
Each of this last class of rowers had likewise his 
own seat, and did not, as some have supposed, sit 
upon benches running across the vessel. 5 

We shall pass over the various things which were 
necessary in a vessel for the use and maintenance 
of the crew and soldiers, as well as the machines 
of war which were conveyed in it, and confine our- 
selves to a brief description of things belonging to a 
ship as such. All such utensils are divided into 
wooden and hanging gear {aicEvn %v2,iva and gkzvv 
Kpepaord*). Xenophon 7 adds to these the (tkevv 
nvtamz, or the various kinds of wickerwork, but 
these are more properly comprehended among the 
npep-aard. 

I. ILkevt) %vkwa. 

1. Oars (k&ttcu, remi). — The collective term for 
oars is rappog, which properly signified nothing but 
the blade or flat part of the oar ; 8 but was afterward 
used as a collective expression for all the oars, with 
the exception of the rudder. 9 The oars varied in 
size accordingly as they were used by a lower or 
higher ordo of rowers ; and from the name of the 
ordo by which they were used, they also received 
their especial names, viz., Kuirai, dald/niai, fyyiai, 
and tipavtrcdec. Bockh 10 has calculated that each 
trireme, on an average, had 170 rowers. In a quin- 
quereme during the first Punic war, the average 
number of rowers was 300 ;" in later times we even 
find as many as 400. 12 The great vessel of Ptole- 
maeus Philopator had 4000 rowers, 13 and the handle 
of each oar (kyxeipidiov) was partly made of lead, 
that the shorter part in the vessel might balance in 
weight the outer part, and thus render the long oars 
manageable. The lower part of the holes through 
which the oars passed appear to have been covered 
with leather (uanufia), which also extended a little 
way outside the hole. 1 * The rappog also contained 
the irepivco), which must, consequently, be a partic- 
ular kind of oars. They must have derived their 
name, like other oars, from the class of rowers by 
whom they were used. Bockh supposes that they 
were oars which were not regularly used, but only 

1. (ap. Athen.. v., p. 203, &c.) — 2. (Schol. ad Aristoph., 
Acharn., 1106.)— 3. (Thucyd., vi., 31.)— 4. (Pollux, Onom., i. 
9)— 5. (Bockh, Urkund., p. 103, &c.) — 6. (Pollux, Onom., x. 
13.— Athen., i.,p.27.)— 7. (CEcon., viii., 12.)— 8. (Herod., viii. 
12.— Pollux, Onom., i., 90.)— 9. (Eurip., Iph. Taur., 1346.— Id. 
Hel., 1544.— Polyb., xvi., 3.)— 10. (Urk., p. 119.)— 11. (Polyb. 
i., 26.) — 12. (Plin., xxxii., 1.) — 13. (Athen., v., p. 204.) — 14 
(Aristoph., Acharn., 97, with the schol.— Schol. ad Ran., 367.— 
Suidas, s. v. 'Acr/cto^ara and dubdepa. — Compi :e Bockh, Urk. 
106, &c) 



in case of need, and then by the epibatae. Then 
length in a trireme is stated at from 9 to 9£ cubits, 
but in what part of the vessel they were used is un- 
known. Respecting oars in general, see the Ap- 
pendix in Arnold's Thucydides. 1 

2. The rudder. (Vid. Gubernaculum.) 

3. Ladders (K%ifiaKideg, scalce). Each trireme had 
two wooden ladders, and the same seems to have 
been the case in TptaKovropoi. 2 

4. Poles or punt poles (icovroi, conti). Three of 
these belonged to every trireme, which were of dif- 
ferent lengths, and were accordingly distinguished 
as kovtoq fieya?, novrbq [wtpoq, and kovtoc fiEooc 
Triacontores had probably always four punt poles 
( Vid. Contus. 3 ) 

5. napaardrai, or supports for the masts. They 
seem to have been a kind of props placed at the 
foot of the mast.* The mast of a trireme, as long 
as such props were used, was supported by two. 
In later times they do not occur any longer in tri- 
remes, and must have been supplanted by something 
else. The triacontores, on the other hand, retained 
their 'Kapaardrai} 

6. The mast and yards. {Vid. Malus and An 
tenna.) 

II. 'Zkevv KpEfiaard. 

1. "YTro&/2a a. — This part of an ancient vessel 
was formerly quite misunderstood, as it was believ- 
ed to be the boards or planks covering the outside 
of a ship, and running along it in the direction from 
poop to prow. But Schneider 6 has proved that the 
word means cordage or tackling, and this opinion, 
which is supported by many ancient authors, is con 
firmed by the documents published by Bockh, where 
it is reckoned among the cKEvn KpEjiaard.- The vtco- 
&/j,a,Ta were thick and broad ropes, which ran in a 
horizontal direction around the ship from the stein 
to the prow, and were intended to keep the whole 
fabric together. They ran round the vessel in sev- 
eral circles, and at certain distances from one an- 
other. The Latin name for vno&fia is tormentum} 
The length of these tormenta varied accordingly as 
they ran around the higher or lower part of the ship, 
the latter being naturally shorter than the former. 
Their number varied according to the size of the 
ship. The tessaracontores of Ptolemaeus Philadel- 
phus had twelve viro^ufiara, each 600 cubits long.' 
Such vTT0^6/j,ara were always ready in the Attic ar- 
senals, and were only put on a vessel when it was 
taken into use Sometimes, also, they were taken 
on board when a vessel sailed, and not put on till it 
was thought necessary. 9 The act of putting them 
on was called virofavvvvat,, or dia&vvvvat, or £tiaai. ic 
A trireme required four v-no^u/Mara, and sometimes 
this number was even increased, especially when 
the vessel had to sail to a stormy part of the sea. 11 

2. 'Iotiov {velum), sail. Most ancient ships had 
only one sail, which was attached with the yard to 
the great mast. In a trireme, too, one sail might 
be sufficient, but the trierarch might nevertheless 
add a second. As each of the two masts of a tri- 
reme had two sailyards, it farther follows that each 
mast might have two sails, one of which was placed 
lower than the other. The two belonging to the 
mainmast were probably called lana /ueydXa, and 
those of the foremast laria andreia. 1 *' The former 
were used on ordinary occasions, but the latter prob- 
ably only in cases when it was necessary to sail 
with extraordinary speed. The sails of the Attic 



1. (vol. ii., p. 461, &c.)— 2. (Bockh, p. 125, &c.)— 3. (Id. ib.) 
". (Isid., Orig., xix., 2, 11.)— 5. (Bockh, p. 126, &c.) — 6. (ad 
Vitruv., x., 15, 6.)— 7. (Isid., Orig., xix., 4, 4. — Plato, De Re- 
publ., x., p. 616.) — 8. (Athen., v., p. 204.) — 9. (Act. Apost., 
xxvii., 17.) — 10. (Polyb., xxvii., 3. — Appian, Civil., v., 91.— 
Apoll. Rhod., Argon., i., 368.) — 11. (Bockh. p. 133-138.) — 11 
(Xen., HeU., vi., 2, t) 27.— Bekker, Anecdot., p. 19, 10.) 

«93 



SHIPS. 



SHIPS. 



war-galleys, and of most ancient ships in general, 
\* ere of a square form, as is seen in numerous rep- 
resentations on works of art. Whether triangular 
sails were ever used by the Greeks, as has been fre- 
quently supposed, is very doubtful. The Romans, 
however, used triangular sails, which they called 
suppara, and which had the shape of an inverted 
Greek A (y), the upper sid? of which was attached 
to the yard. Such a sail had, of course, only one 
irovg (pes) at its lower extremity. 1 

3. Toneta, cordage. This word is generally ex- 
plained by the grammarians as identical with oxoi- 
via or koKol : but from the documents in Bockh it is 
clear that they must have been two distinct classes 
of ropes, as the roirela are always mentioned after 
the sails, and the oxoivia before the anchors. The 
axoLvla (Junes) are the strong ropes to which the 
anchors were attached, and by which a ship was 
fastened to the land ; while the Torrela were a light- 
er kind of ropes, and made with greater care, which 
were attached to the masts, yards, and sails. Each 
rope of this kind was made for a distinct purpose 
and place (tottoc, whence the name totceZo). The 
following kinds are most worthy of notice : a. koa6- 
6ia or kuAoi. What they were is not quite clear, 
though Bockh thinks it probable that they belonged 
to the standing tackle, i. e., that they were the ropes 
by which the mast was fastened to both sides of the 
snip, so that the Ttporovoi in the Homeric ships were 
only an especial kind of KaAudia, or the naAudia 
themselves differently placed. In later times the | 
ttootovoc was the rope which went from the top of 
the mainmast (napxnoiov) to the prow of the ship, 
and thus was what is now called the mainstay, b. 
ludvreg and Kspovxoi are probably names for the 
same ropes which ran from the two ends of the sail- 
vard to the top of the mast. In more ancient ves- 
sels the 1/j.ac consisted of only one rope ; in later 
times it consisted of two, and sometimes four, 
which, uniting at the top of the mast, and there pass- 
ing through a ring, descended on the other side, 
«vhere it formed the kmrovoc, by means of which 
the sail was drawn up or let down. 2 Compare the 
woodcut at p. 62, which shows a vessel with two 
ceruchi, and the woodcut at p. 234, which shows 
one with four ceruchi. c. uynoiva, Latin anquina, 3 
was the rope which went from the middle of a yard 
to the top of the mast, and was intended to facilitate 
the drawing up and letting down of the sail. The 
aynoiva di-KArj of quadriremes undoubtedly consisted 
of two ropes. Whether triremes also had them 
double is uncertain.* d. Uodec (pedes) were in la- 
ter times, as in the poems of Homer, the ropes at- 
tached to the two lower corners of a square sail. 
These nodes ran from the ends of the sail to the 
sides of the vessel towards the stern, where they 
were fastened with rings attached to the outer side 
of the bulwark. 5 Another rope is called Tcpoirovg, 
propes, 6 which was probably nothing else than the 
lower and thinner end of the novg, which was fast- 
ened to the ring. e. 'Ynipai were the two ropes at- 
tached to the two ends of the sailyard, and thence 
came down to a part of the ship near the stern. 
Their object was to move the yard in a horizontal 
direction. In Latin they are called opifera, which 
is, perhaps, only a corruption of hyper a. 1 The last 
among the roireta is the ^a/Uvdf, or bridle, the na- 
ture of which is quite unknown. 8 

4. Uapap^vjuara. The ancients, as early as the 
time of Homer, had various preparations raised 
above the edge of a vessel, which were made of 

1. (Schol. ad Lucan., Phars., v., 429. — Isid., Orig., xix.. 3, 4. 
-Bockh, p. 138-143.)— 2. (Bockh, p. 148-152.)— 3. (Isid., Orig., 
xix., 4, 7.)— 4. (Pollux, Onom., 1. c. — Bockh, p. 152.)— 5. (He- 
rod., ii., 36.)— 6. (Isid., Orig., xix., 4, 3.)— 7. (Id. ib., xix., 4, 6.) 
—8. (Bockh, p. 154, &c.) 
894 



skins and wickerwork, and which were intenuetf 
as a protection against high waves, and also to 
serve as a kind of breastwork, behind which thf» 
men might be safe against the darts of the enemy. 
These elevations of the bulwark are called ixapab 
pvfiara, and in the documents in Bockh they are 
either called rpixiva, made of hair, or Aevnd, white. 
They were probably fixed upon the edge on both 
sides of the vessel, and were taken off when not 
wanted. Each galley appears to have had several 
Trapapjjv/uaTa, two made of hair and two white ones 
these four being regularly mentioned as belonging 
to one ship. 1 

5. Kard6X7]fia and vTrodAvfia. The former of 
these occurs in quadriremes as well as in triremes, 
the latter only in triremes. Their object and na- 
ture are very obscure, but they appear to have been 
a lighter kind of napdpp'vfia* 

6. Sxoivia are the stronger and. heavier kinds of 
ropes. There were two kinds of these, viz., the 
oxoivia dyicvpeia, to which the anchor was attached, 
and oxoivia kmyva or imyeia (retinacula), by which 
the ship was fastened to the shore or drawn upon 
the shore. Four ropes of each of these two kinds 
is the highest number that is mentioned as belong- 
ing to one ship. The thick ropes were made of 
several thinner ones. 3 

The Romans, in the earlier periods of their his- 
tory, never conceived the idea of increasing their 
power by the formation of a fleet. The time when 
they first appear to have become aware of the im> 
portance of a fleet was during the second Samnite 
war, in the year B.C. 311. Livy, 4 where he men- 
tions this event, says : duumviri navales classis or- 
nandcs reficiendceque causa were then for the first 
time appointed by the people. This expression 
seems to suggest that a fleet had been in existence 
before, and that the duumviri navales had been pre- 
viously appointed by some other power. ( Vid. Do • 
umviri.) Niebuhr 5 thinks that the expression of 
Livy only means that at this time the Romans re- 
solved to build their first fleet. The idea of found- 
ing a navy was probably connected with the estab- 
lishment of a colony in the Pontian islands, as the 
Romans at this time must have felt that they ought 
not to be defenceless at sea. The ships which the 
Romans now built were undoubtedly triremes, which 
were then very common among the Greeks of Italy, 
and most of them were perhaps furnished by X\% 
Italian towns subject to Rome. This fleet, howev- 
er insignificant it may have been, continued to be 
kept up until the time when Rome became a real 
maritime power. This was the time of the first 
Punic war. That their naval power until then was 
of no importance, is clear from Polybius, 6 who 
speaks as if the Romans had been totally unac- 
quainted with the sea up to that time. In the year 
B.C. 260, when the Romans saw that without a 
navy they could not carry on the war against Car- 
thage with any advantage, the senate ordained that 
a fleet should be built. Triremes would now have 
been of no avail against the high-bulwarked vessels 
(quinqueremes) of the Carthaginians. But the Ro- 
mans would have been unable to build others, had 
not, fortunately, a Carthaginian quinquereme been 
wrecked on the coast of Bruttium, and fallen into 
their hands. This wreck the Romans took as their 
model, and after it built 120, 7 or, according to oth- 
ers, 8 130 ships. According to Polybius, one hun- 
dred of them were irevr^peig, and the remaining 
twenty Tpriipeig, or, as Niebuhr proposes to read, 



1. (Xen., Hell., i., 6, $ 19.— Bockh, 159, &c.)— 2. (Polyaen. 
Strat., iv., 11, 13.— Bockh, p. 160, &c.)— 3. (Anstoph., Pax, 36 
— Varro, De Re Rust., i., 135.— Bockh, p. I6I-I06.)— 4. (ix., 30.) 
—5. (Hist, of Rome, hi., p. 282.)-6. (i., 20.)— 7 (Polyb., 1. c.J 
—8. (Oros., iv., 7.) 



SIBYLL1NI LIBRI. 



SIBYLLINI LIBRI. 



■cTpTJpnc. This large fleet was completed within 
sixty days after the trees had been cut down. 1 The 
ships, built of green timber in this hurried way, 
were very clumsily made, and not likely to last for 
any time ; and the Romans themselves, for want of 
practice in naval affairs, proved very unsuccessful 
in their first maritime undertaking, for seventeen 
ships were taken and destroyed by the Carthagin- 
ians off Messana. 2 C. Duilius, who perceived the 
disadvantage with which his countrymen had to 
struggle at sea, devised a plan which enabled them 
to change a seafight, as it were, into a fight on 
(and. The machine by which this was effected was 
afterward called corvus, and is described by Polyb- 
ius. 3 (Vid. Corvus.) From this time forward the 
Romans continued to keep up a powerful navy. 
Towards the end of the Republic they also increas- 
ed the size of their ships, and built war- vessels of 
from six to ten ordines of rowers.* The con- 
struction of their ships, however, scarcely differed 
from that of Greek vessels ; the only great differ- 
ence was that the Roman galleys were provided 
with a greater variety of destructive engines of war 
than those of the Greeks. They even erected tur- 
res and tabulata upon the decks of their great men- 
of-war (naves turritce), and fought upon them in the 
same manner as if they were standing upon the 
walls of a fortress. Some of such naves turritae 
occur in the woodcuts given above. 5 

For a more detailed account of the ships and nav- 
igation of the ancients, see Scheffer, De Militia Na- 
vali, Upsala, 1654. — Berghaus, Geschichtc der Schiff- 
fahrtskunde der vornehmsten Volfcer des Alterthums. 
— Benedict, Gesch. der Schifffahrt und des Handels 
der Alten. — Howell, On the War-galleys of the An- 
cients. — A. Jal, Archeologie Navale, Paris, 1840; 
and for the Attic navy especially, Bockh's Ur/cun- 
den uber das Scewesen des Attischen Staates, Berlin, 
1840. 

SIBYLLI'NI LIBRI. These books are said to 
have been obtained in the reign of Tarquinius Pris- 
cus, or, according to other accounts, in that of Tar- 
quinius Superbus, when a sibyl (LiSvlla), or pro- 
phetic woman, presented herself before the king, 
and offered nine books for sale. Upon the king re- 
fusing to purchase them, she went and burned three, 
and then returned and demanded the same price for 
the remaining six as she had done for the nine. 
The king again refused to purchase them, whereupon 
she burned three more, and demanded the same sum 
for the remaining three as she had done at first for 
the nine : the king's curiosity now became excited, 
so that he purchased the books, and then the sibyl 
vanished. 6 (Respecting the different sibyls men- 
tioned by ancient writers, see Divinatio, p. 369.) 
These books were probably written in Greek, as 
the later ones undoubtedly were, and, if so, con- 
sequently came frcm a Greek source, though it 
is doubtful from what quarter : Niebuhr 7 supposes 
them to have come from Ionia, but they were more 
probably derived from Cumae in Campania. 8 They 
were kept in a stone chest under ground in the Tem- 
ple of Jupiter Capitolinus, under the custody of 
certain officers, at first only two in number, but af- 
terward increased successively to ten and fifteen, 
of whom an account is given under Decemviri, p. 
340. The public were not allowed to inspect the 
books, and they were only consulted by the officers 

1. (Plin., H, N., xvi., 74.)— 2. (Polyb., i., 21.— Polyaen., Strat., 
/i., 16. — Oro3., iv., 7.) — 3. (i., 22. — Compare Niebuhr, iii., p. 
678, &c.) — 4. (Florus, iv., 11. — Virg., JEn., viii., 691.)— 5. 
(Flor., 1. e. — Flat., Anton., 33. — Dion Cass., xxxii., 33.— Plin., 
II. N., xxxii., 1. — Compare Ca;s., De Bell. Gall., iii., 14. — Dion 
Cass., xxxix., 43— Veget., De Re Milit., v., 14, &c.)— 6. (Di- 
cr.ys., iv., 62.— Varro ap. Lactant., i., 6.— Gell., i., 19.— Plin., 
II. N., xiii., 27.)— 7. ,'IIist. of Rome, i., p. 506.)— 8. (Gottling, 
f i»>srh. der Rom. Staatsv., p. 212.) 



who had the charge of them at the special command 
of the senate (ad libros ire 1 ). They were consulted 
in the case of prodigies and calamities, but it is dif- 
ficult to ascertain whether they contained predic- 
tions, or merely directions as to what was to bp 
done for conciliating or appeasing the gods, in con- 
sequence of the mystery which enveloped them 
from the time that one of their keepers was put to 
death for divulging their secrets. 2 Niebuhr re- 
marks, from the instances in Livy, that the original 
books were not consulted, as the Greek oracles 
were, for the purpose of getting light concerning fu- 
ture events, but to learn what worship was required 
by the gods when they had manifested their wrath 
by national calamities or prodigies. Accordingly, 
we find that the instruction they give is in the same 
spirit ; prescribing what honour was to be paid to 
the deities already recognised, or what new ones 
were to be imported from abroad. They were prob- 
ably written on palm-leaves, 3 and it is not unlikely 
that the leaves of the Cumaen sibyl described by 
Virgil were designed as an allusion to the form of 
the sibylline books. Their nature being such, Nie- 
buhr supposes that they were referred to in the 
same way as Eastern nations refer to the Koran 
and to Hafiz : they did not search for a passage and 
apply it, but probably only shuffled the palm-leaves 
and then drew one. 

When the Temple of Jupiter Capitolinus waa 
burned in B.C. 82, the sibylline books perished in 
the fire ; and in order to restore them, ambassadors 
were sent to various towns in Italy, Greece, and 
Asia Minor to make fresh collections, which, on the 
rebuilding of the temple, were deposited in the 
same place that the former had occupied.* But as 
a great many prophetic books, many of them pre- 
tending to be sibylline oracles, had got into general 
circulation at Rome, Augustus commanded that all 
such books should be delivered up to the praetor 
urbanus by a certain day and burned, and that, 
in future, none should be kept by any private per- 
son. More than 2000 prophetic books were thus 
delivered up and burned, and those which were 
considered genuine, and were in the custody of the 
state, were deposited in two gilt cases at the base 
of the statue of Apollo, in the temple of that god 
on the Palatine, and were intrusted, as before, to 
the quindecemviri. 5 The writing of those belong- 
ing to the state had faded by time, and Augustus 
commanded the priests to write them over again.' 
A fresh examination of the sibylline books was 
again made by Tiberius, and many rejected which 
were considered spurious. 7 A few years afterward, 
also in the reign of Tiberius, it was proposed to add 
a new volume of sibylline oracles to the received 
collection. 8 

The Christian writers frequently appeal to the 
sibylline verses as containing prophecies of the 
Messiah ; but these, in most cases, are clearly for- 
geries. A complete collection of sibylline oracles 
was published by Gallaeus, Amst., 1689 : fragments 
of them have also been published by Mai, Milan, 
1817, and Struve, Regiomont., 1818. 9 

The sibylline books were also called Fata Sibyl- 
Una 10 and Libri Fatales. 11 Those that were collected 
after the burning of the temple on the Capitol were 
undoubtedly written in Greek verses, and were 
acrostics (d/cpoori^'f 12 )- Along with the sibylline 
books were preserved, under the guard of the same 
officers, the books of the two propfietic brothers, 

1. (Cic.,De Div., i., 43. — Liv., xxii., 57.) — 2. (Dionys., 1. c. — 
Val. Max., i., 1, $ 13.)— 3. (Serv. ad Virg., JEa., iii., 444 ; vi., 74.) 
— 4. (Dionys., 1. c.)— 5. (Suet, Octav., 31. — Tacit., Ann., vi., 
12.)— 6. (Dion Cass., liv., 17.)— 7. (Id., lvii., 18.)— 8. (Tacit., L 
c.) — 9. (Compare Heidbrecde, De Sibyllis Dissertat., Berol., 
1835.)— 10. (Cic, Cat., iii., 4.)— 11. (Liv., v., 15 ; xxii., 57.)— 
12, (Cic, De Div., ii., 54.- Dionys., I c.) 

895 



SIGNA MILITARIA. 



SIGNA MILITARIA. 



£he Marcii, 1 the Etruscan prophecies of the nymph 
Bygoe, and those of Albuna or Albunea of Tibur. 2 
Those of the Marcii, which had not been placed 
there at the time of the battle of Cannae, were writ- 
ten in Latin : a few remains of them have come 
down to us in Livy 3 and Macrobius.* 

SICA, dim. SICILA, whence the English sickle, 
and SICILICULA, 5 a curved Dagger, adapted by 
its form to be concealed under the clothes, and 
therefore carried by robbers and murderers. (Vid. 
Acinaces, p. 14. ) s Sica may be translated a cime- 
ter, to distinguish it from Pogio, which denoted a 
dagger of the common kind. Sicarius, though prop- 
erly meaning one who murdered with the sica, was 
applied to murderers in general. 7 Hence the forms 
de sicariis and inter sicarios were used in the crim- 
inal courts in reference to murder. Thus judicium 
inter sicarios, " a trial for murder;" 8 defendere inter 
sicarios, "to defend against a charge of murder." 9 
(Vid. Judex, p. 552.) 

SICA'RIUS. ( Vid. Sica, Cornelia Lex de Sicar.) 

*SICYS (c'ckvc or GUva), the Cucumber. The 
oiKvg aypcoc, which produces the medicinal Elateri- 
um, was formerly called Cucumis agrestis, but has 
now got the name of Momordica elaterium. It may 
be proper to remark in this place, that Hippocrates 
uses the term eXar^piov rather loosely, as applicable 
to all drastic purgatives. See ko?mkvv6t), where the 
interchange of names between it and glkvc is point- 
ed out." 10 

*SIDE (atdn), according to Sprengel, the white 
Water Lily, or Nymphcea alba. This, however, 
Adams regards as very uncertain. 11 

*SIDERFTES LAPIS (oidnpirric XlOoq), Mag- 
netic Iron Ore. (Vid. Adamas, towards the end of 
that article.) 

*SIDE'ROS (aiSrjpoc), Iron. (Vid. Adamas.) 

SIGILLA'RIA. (Vid. Saturnalia, p. 856.) 

*SIGILLA'TA. (Vid. Lemnia Terra.) . 

SIGMA. (Vid. Mens a, p. 633.) 

SIGNA MILITA'RIA (avfiela, onyalai), military 
mis gns or standards. The most ancient standard 
employed by the Romans is said to have been a 
ftandful of straw fixed to the top of a spear or pole. 




l JServ. ad Virg., JEn., vi., 72.— Cic, De Div., i., 40 ; ii., 55.) 
- 8. (Laetant., i., 6.)— 3. (xxxv., 12.)— 4. (Sat., i., 17.— Vid. 
Niebahr, i., p. 507. — Guttling-, Gesch. d. Rom. Staatsv., p. 213. — 
Hartung, Die Religion der Romer, i., p. 129, &c.) — 5. (Plaut., 
Rud., iv.,4, 125.)— 6. (Cic, Cat., iii., 3.)— 7. (Quintil., X., i., t) 
12.)— 8 (Cic, Pro Rose, 5.)— 9. (Phil., ii., 4.)— 10. (Theophr., 
H. P., i., 11 ; vii., 6, &c — Dioscor., ii., 162 ; iv., 152.— Adams, 
Append., • v.)— 11. (Theophr., H. P., iv., 10. — Adams, Append., 
» ') 

896 



Hence the company of soldiers belonging to it waa 
called Manipulus. The bundle of hay or fern was 
soon succeeded by the figures of animals, of which 
Pliny 1 enumerates five, viz., the eagle, the wolf, the 
minotaur, 2 the horse, and the boar. These appear 
to have corresponded to the five divisions of the 
Roman army as shown on page 614. The eagle 
(aquila) was carried by the aquilifer in the midst of 
the hastati, and we may suppose the wolf to have 
been carried among the principes, and so on. In 
the second consulship of Marius, B.C. 104, the four 
quadrupeds were entirely laid aside as standards, 
the eagle being alone retained. It was made of 
silver or bronze, and with expanded wings, but was 
probably of a small size, since a standard-bearer 
(signifsr) under Julius Caesar is said, in circum- 
stances of danger, to have wrenched the eagle from 
its staff, and concealed it in the folds of his girdle. 3 
The bronze horse just represented belonged to a 
Roman standard, and is delineated but a little less 
than the original : it is preserved in the collection 
at Goodrich Court.* 

Under the later emperors the eagle was carried, 
as it had been for many centuries, with the legion, 
a legion being on that account sometimes called 
aquila, b and, at the same time, each cohort had for 
its own ensign the serpent or dragon (draco, dpaKov), 
which was woven on a square piece of cloth (textilis 
anguis 6 ), elevated on a gilt staff, to which a cross- 
bar was adapted for the purpose, 7 and carried by 
the draconarius* 

Another figure used in the standards was a ball 
(pila), supposed to have been emblematic of the do- 
minion of Rome over the world ; 9 and for the same 
reason, a bronze figure of Victory was sometimes 
fixed at the top of the staff, as we see it sculptured, 
together with small statues of Mars, on the Column 
of Trajan and the Arch of Constantine. 10 (See the 
next woodcut.) Under the eagle or other emblem 
was often placed a head of the reigning emperor, 
which was to the army the object of idolatrous ado- 
ration." The name of the emperor, or of him who 
was acknowledged as emperor, was sometimes in- 



II. ■■! I'l "I I II III I ,)_JI_1L1 _1!J_ 1" '" i'JLlL'-L 1_L>_' I, 
' i i i ii i l i. i .i . ' -tt-^ . , I 




1. (H. N., x., 4, s. 5.)— 2. (Festus, s. v. Minotaur.)— 3 (Fhrr., 
iv., 12.) —4. (Skelton, Engraved Illust., i., pi. 45.) — 5. (Hirt., 
Bell. Hisp., 39.) — 6. (Sidon. Apoll., Cam., v., 409.)— 7. (The 
mist., Orat., i., p. 1 ; xviii., p. 267, ed. Dindorf. — Claudian, !\ 
Cons. Honor., 546 ; vi. Cons. Honor., 566.) — 8. (Veget., De R« 
Mil., ii., 13. — Compare Tac, Ann., i., 18.) — 9. (Isid., Orig., 
xviii., 3.) — 10. (Vid. Causeus, De Sig. in Graevii Thes., x., j». 
2529.) — 11. (Joseph., B. J., ii., 9, t> 2. — Saeton., Tiber.. 48 ; 
Calig., 14.— Tac, Ann., i., 39, 41 ; iv., 62.) 



SIGNA MILITARIA. 



SILEX. 



scribed m the same situation. 1 The pole used to 
carry the eagle had at its lower extremity an iron 
K)int (cuspis) to fix it in the ground, and to enable 
ne aquilifer, in case of need, to repel an attack. 3 

The minor divisions of a cohort, called centuries, 
had also each an ensign, inscribed with the number 
both of the cohort and of the century. By this pro- 
vision, together with the diversities of the crests 
worn by the centurions (vid. Galea), every soldier 
was enabled, with the greatest ease, to take his 
place. 3 (Compare Army, p. 104, and Manipulus, p. 
613.) 

The standard of the cavalry, properly called vex- 
illum, was a square piece of cloth expanded upon a 
cross in the manner already indicated, and perhaps 
surmounted by some figure. 4 

In the arch of Constantine at Rome there are 
four sculptured panels near the top, which exhibit 
a great number of standards, and illustrate some of 
the forms here described. The preceding woodcut 
is copied from two out of the four. The first panel 
represents Trajan giving a king to the Parthians : 
seven standards are held by the soldiers. The 
second, containing five standards, represents the 
oerformance of the sacrifice called suoveiaurilia} 




'-.V T hen Constantine had embraced Christianity, a 
figure or emblem of Christ, woven ir» , r ;old upon pur- 
ple cloth, was substituted for the Knd of the em- 
peror. This richly-ornamented star . ard was called 
labarum. 6 

Since the movements of a body o". troops, and of 
every portion of it, were regulated by the standards, 
all the evolutions, acts, and incidents of the Roman 
army were expressed by phrases derived from this 
circumstance. Thus signa inferre meant to ad- 
vance, 7 referrc to retreat, and converter e to face 
about ; efferre, or castris vellcre, to march out of the 
camp; 8 ad signa convenbe, to reassemble. 9 Not- 
withstanding some obscurity in the use of terms, it 
appears that, while the standard of the legion was 
properly called aqmla, those of the cohorts were, in 
a special sense of the term, called signa, their bear- 
ers being signiferi, and that those of the manipuli, 
or smaller divisions of the cohort, were denominated 
vexilla, their bearers being vexillarii. Also, those 
who fought in the first ranks of the legion, before 
fh« standards of the legion and cohorts, were called 

1. (Sueton., Vespas., 6.)— 2. (Sueton., Jul., 62.)— 3. (Veget-, 
I. ...— Tac, Ann., i., 20.)— 4. (Tertull., Apoll., 16.)— 5. (Bartoli, 
Aic. Triumph.)— 6. (Prudent, cont. Symm., i., 466, 488.— Ni- 
ce ph., H. E., vii., 37.)— T. (C»sar, Bell. Gall., i., 25 ; ii., 25.)— 
* (Vir?., Geor?., iv., 108.)— 9. (Caesar, B. G., vi., 1, 37.) 
5 X 



antesig7iam. x A peculiar application of the teims 
vexillarii and subsignani is explained in page 103. 

In military stratagems it was sometimes neces- 
sary to conceal the standards. 8 Although the Ro 
mans commonly considered it a point of honour to 
preserve their standards, yet, in some cases of ex- 
treme danger, the leader himself threw them among 
the ranks of the enemy, in order to divert their at- 
tention or to animate his own soldiers. 3 A wounded 
or dying standard-bearer delivered it, if possible, 
into the hands of his general,* from whom he had 
received it (signis acceptis 5 ). In time of peace the 
standards were kept in the ^Braihum, under the 
care of the Qu^stor. 

We have little information respecting the stand- 
ards of any other nation besides the Romans. The 
banners of the Parthians appear to have had a sim- 
ilar form to that of the Romans, but were more 
richly decorated with gold and silk. ( Vid. Sericum.) 
A golden eagle with expanded wings was the royal 
standard of Persia. 6 The military ensigns of the 
Egyptians were very various. Their sacred ani- 
mals were represented in them, 7 and in the paintings 
at Thebes we observe such objects as a king's 
name, a sacred boat, or some other emblem, applied 
to the same purpose. 8 The Jewish army was prob- 
ably marshalled by the aid of banners ; 9 but not so 
the Greek, although the latter had a standard, the 
elevation of which served as a signal for joining 
battle, either by land 10 or by sea. 11 A scarlet flag 
(Qoiviicic) was sometimes used for this purpose. 1 ' 

SIGNINUM OPUS. (Vid. House, Roman, p. 
519.) 

*SIL, a term applied by the Romans to Yellow 
Ochre, the &xpa of the Greeks. " It appears to 
have been the principal yellow pigment of the an- 
cients. Pliny specifies three varieties : the Attir, 
which was the best ; the Marmosutn, which may 
have been what we call Stone Ochre ; and the Syr- 
icum, of a dull colour, named from the island of 
Syros ; as may have been the red paint also, called 
by the same name. Sil was found in many places, 
Vitruvius observes, but the Attic, which used to be 
the best, was no longer to be obtained ; because the 
veins of it, which occurred in the silver mines of 
Attica, were no longer now explored. It is de- 
scribed by Dioscorides as light, smooth, free from 
stone, friable, and of a full bright yellow." 13 

SILENTIA'FJI. (Vid. Propositus.) 

*SILER, a tree about which great uncertainty 
prevails. Martyn translates it " Osier," but speaks 
very doubtfully respecting it. Fee makes it the 
same with the Dany of the Greeks, and refers it to 
the Salix vitcllina, L., though without condemning 
the opinion of Anguillara and Sprengel, who declare 
for the Salix caprca. Pliny merely says that it de- 
lights in watery places. 14 

*SILEX. " The SiHces," says Dr. Moore, " of 
which certain kinds are specified by Pliny as fit to 
be used in building, may in some cases have been 
such as we also term silicious ; but the more prob- 
able opinion is, that the name silices was some- 
what indiscriminately applied to the more compact 
and harder stones. The Viridis silex, which so re- 
markably resisted fire, which was never abundant, 
may perhaps have been serpentine. No inference 
to the contrary need be drawn from Pliny's calling 
it silex, for he presently after speaks of lime made 

1. (Cffisar, B. C. i., 43, 44, 56.)— 2. (Id., B. G., vii., 45.)— 3. 
(Florus, i., 11.)— 4. (Id., iv., 4.)— 5. (Tac, Ann., i., 42.)— 6. 
(Xen , Cyr., vii., 1, M ; Anab., i., 10. Y 12.)— 7. (Diod. Sic, 
i., 86.) — 8. (Wilkinson, Man. and Cust., i., p. 294.) — 9. (Pa. 
xx., 5.— Cant., vi., 4.— Is., xiii., 2.)— 10. (Polyan., iii., 9, » 27 
— O. Nep., xi., 2, t) 2.)— 11. (Thucyd., i., 49.)— 12. (Polyaen., i , 
48, § 2.) — 13. (Moore's Anc Mineral., p. 59. — Plin., H N., 
xxxiii.. 56.— Dioscor., v , 108.)— 14. (Fee, Flore De Virgile, p 
cliii.— Martyn ad Virg., G<;org., ii., 12.) 

897 



SITOS. 



SITOU DIKE. 



n/cef. A x ** 1 ? v,as considered a fair daily allow- 
ance of meal {rip.eprjoia rpotyfj) for a slave. The con- 
sumption of the whole population was three million 
merlimni, and one third, therefore, was imported. 
It name from the countries bordering on the Euxine 
Sea (Pontus, as it was called by the Greeks), and 
more especially from the Cimmerian Bosporus and 
the Thracian Chersonese ; also from Syria, Egypt, 
Libya, Cyprus, Rhodes, Sicily, and Eubcea. The 
necessities of the Athenians made them exceed- 
ingly anxious to secure a plentiful supply, and ev- 
ery precaution was taken for that purpose by the 
government as well as by the legislator. Sunium 
was fortified, in order that the corn vessels (cnrayo)- 
yol oXitddee.) might come safely round the promon- 
tory. Ships of war were often employed to con- 
voy the cargo (TrapaKEfiTveiv rbv gZtov) beyond the 
reach of an enemy. 1 When Pollis, the Lacedaemo- 
nian admiral, was stationed with his fleet off iEgi- 
na, the Athenians embarked in haste, under the 
command of Chabrias, and offered him battle, in 
order that the corn-ships, which had arrived as far 
as Geraestus in Eubcea, might get into the Piraeus. 2 
One of the principal objects of Philip in his attack 
on Byzantium was that, by taking that city, he 
might command the entrance to the Euxine, and 
so have it in his power to distress the Athenians in 
the corn-trade. Hence the great exertions made 
by Demosthenes to relieve the Byzantines, of the 
success of which he justly boasts. 3 

The measures taken by the legislature to obtain 
supplies of corn may appear harsh, and their policy 
is at least doubtful, but they strongly evince the 
anxiety of the people on this subject. Exportation 
was entirely prohibited, nor was any Athenian or 
resident alien allowed to carry corn to any oth- 
er place than Athens {aiTrjyElv uXkbae fj 'A6f/vafr). 
Whoever did so was punishable with death.* Of 
the corn brought into the Athenian port, two thirds 
were to be brought into the city and sold there. 5 
No one might lend money on a ship that did not 
sail with an express condition to bring a return 
cargo, part of it corn, to Athens. If any merchant, 
capitalist, or other person, advanced money, or en- 
tered into any agreement in contravention of these 
laws, not only was he liable to the penalty, but the 
agreement itself was null and void, nor could he 
recover any sum of money, or bring any action in 
respect thereof 6 Information against the offend- 
ers was to be laid before the eTrefieTirjral tov eutvo- 
piov. 1 Strict regulations were made with respect 
to the sale of corn in the market. Conspiracies 
among the corn-dealers (otToirCdai) to buy up the 
corn (ovvuvEiadai), or raise the price (avviardvcu rue; 
Tifidc), were punished with death. They were not 
allowed to make a profit of more than one obol in 
the medimnus ; and it was unlawful to buy more 
than fifty dopfioi at a time It is not certain what 
the size of a fyopfioq was : Bbckh supposes it to be 
about as much as a medimnus. These laws re- 
mind us of our own statutes against engrossing 
and regrating ; but they appear to have been easi- 
ly evaded by the corn-dealers. 8 The sale of corn 
was placed under the supervision of a special board 
of officers called uito<Pv}mkeq, while that of all oth- 
er marketable commodities was superintended by 
the agoranomi. 9 It was their business to see that 
meal and bread were of the proper quality, and 
sold at the legal weight and price. They were 
bound to detect the frauds of the factor and the ba- 

1. (Demosthenes, De Coron., 250, 251 ; c. Polycl., 1211.)— 2. 
(Xen., Hell., v., 4, 1) 61.)— 3. (De Coron., 254, 307, 326.)— 4. (De- 
mostb., c. Phorm., 918. — Lycurg., c. Leocr., 151, ed. Steph.) — 5. 
(Harpocr., s. v. , Eirr.^£\r)Tfis iuTtopinv.) — 6. (Demosth., c. Lacrit., 
941.)— 7. (Meier, Att. Proc, 87.)— 8. (Vid. the speech of Lysias, 
Kara tSjv gitottojXujv — Demosth., c. Dionysod., 1285.) — 9. (Lys., 
Id.. 165, ed. Steph.) 
900 



ker, and (if we may believe Lysias) they somp 
times suffered death for their want of vigilance 
The mode of proceeding against them was by elect} 
yzkia before the senate. 1 

Notwithstanding these careful provisions, sea*' 
cities (aiToddat) frequently occurred at Athens, e A 
ther from bad harvests, the misfortunes of war, oi 
other accidental causes. The state then made 
great efforts to supply the wants of the people by 
importing large quanties of corn, and selling it at a 
low price. Public granaries were kept in the Ode- 
um, Pompeum, Long Porch, and naval storehouse 
near the sea. 2 ZiTtivat were appointed to get in 
the supply and manage the sale. Demosthenes 
was appointed on one occasion to that office. 3 Per- 
sons called aKodetcTai received the corn, measured 
it out, and distributed it in certain quantities. 4 
Public-spirited individuals would sometimes import 
grain at their own expense, and sell it at a moder- 
ate price, or distribute it gratuitously. 5 We read 
of the Athenian state receiving presents of corn 
from kings and princes. Thus Leucon, king of the 
Bosporus, sent a large present, for which he had 
the honour of uriXeia (exemption from customs' du- 
ties) conferred on him by a decree of the people. 6 
Psammeticus, an Egyptian prince, sent a present in 
Olymp. 83, 4, Demetrius in Olymp. 118, 2, Sparta- 
cus, king of Bosporus, a few years after. In later 
times, that made by the Roman Atticus is well 
known. On the whole of this subject the reader is 
referred to Bbckh, 7 where also he will find the va- 
rious prices of meal and bread at Athens, and oth 
er details, copiously explained. As to the duty pay- 
able on the importation of corn, see Pentecoste. 

2irof is strictly wheat flour, uX<j>iTa barley flour, 
7ivpol wheat, npidai barley, upror wheat bread, fia^a 
barley bread. 'Liroc., however, is often applied to 
all kinds of corn, and even, in a larger sense, to pro- 
visions in general. ( Vid. SITOT AIKH.) 

2ITOT AIKH (alrov 6ik?/). The marriage portion 
(Trpoitj) being intended as a provision for the wife, 
although it was paid to the husband by her father, 
brother, or other natural guardian {nipiog), if any- 
thing happened to sever the marriage contract, the 
husband, or his representative, was bound to repay 
it ; or, if he failed to do so, he was liable to pay in- 
terest upon it at the rate of 18 per cent, per annum 
(ett' kvvea bdololg rcKOcpopelv). This was the law in 
case of a divorce, 8 and also when, after a contract 
of marriage, and after payment of the marriage 
portion, the intended husband refused to perform 
his engagement. 9 Upon the death of the husband 
without children, the wife and her money went 
back to the natural guardian; 10 but if he died leav- 
ing children, she had the option of staying with 
them or going back to her nvpioc. If she did the 
latter, the children (or their guardian, if they were 
under age) were bound to pay back the portion to 
the nvpioc., or eighteen per cent, interest in the 
mean time. 11 And if she married again, her nvpioc. 
was bound in honour to give the same sum to her 
new husband. 12 Upon the transfer of a woman 
from one husband to another, which was not un- 
common, the TrpolZ was transferred with her. 13 A 
woman's fortune was usually secured by a mort- 
gage of the husband's property ; but whether this 
was so or not, her guardian, in any of the cases 
above mentioned, might bring an action against the 
party who unjustly witheld it ; 6'iktj npoinoc., tc :v- 



1. (Platner, Proc. und Klag., ii., 149.)— 2. (PjJux, Onom., 
ix., 45.— Demosth., c. Phorm., 918.)— 3. (De Coron., 310.)— 4. 
(Poll., Onom., viii., 1 14.)— 5. (Demosth., c. Phorm., 918.)— 6. (De- 
mosth., c. Leptin., 467. — Vid. Isocr., Tpaircyr., 370, ed. Steph.) 
7. (Staatsh. der Athen., i., 84-107.) — 8. (Demosth., c. Neser. 
1362.)— 9. (Demosth., c. Aphob., 818.)— 10. (Isaeus, De Pyrrh 
her.,41, ed. Steph.)— 11. (Id. ib., 38, 46.)— 12. (Demosthenes, e 
Bceot.. De Dote, 1010.)— 13. (Id., c. Onet- Sfifi ) 



SITULA. 



SOCCUS. 



cover the principal, dinrj ctltoj, for the interest. 
The interest was called oltoc (alimony or mainte- 
nance), because it was the income out of which 
the woman had to be maintained, at bd>ei?i6/j.evai rpo- 
<)>ai, 7j didofievn Trpoaodoc etc Tpo<p^v rale yvvaif-iv. 1 
The word oiroc is often used generally for provis- 
i)ns, just as we use the word bread. So in the 
law, which required the son of an eTrUX^poc to 
maintain his mother when he came of age and took 
possession of her inheritance, the expression is tov 
octov fierpelv ry /LtrjTpi. 2 The allowance for rations 
given to soldiers was called aiTypeocov. 3 The diicn 
airov was tried before the archon in the Odeum, 
the same building in which the corn granaries were 
kept, which makes it not improbable that in earlier 
times the defendant was called upon to pay the dam- 
ages in kind, that is, in corn or some other sort of 
provisions ; though it was soon found to be more 
convenient to commute this for a money payment. 
This cause, like the dticri wpoiKoc, seems to have 
belonged to the £/j,/j.vvoi lUtcat, as it was presumed 
that the woman could not wait long for the means 
of her daily subsistence. It was dTifiijToc, for the 
damages were clearly liquidated, being a mere mat- 
ter of calculation, when the payment of the mar- 
riage portion was proved. 4 

*SITTA (ciTTa). According to Gesner, who fol- 
lows the authority of Turner, this is the bird called 
Autlialch, namely, the Sitta Europ<za. % 

SI'TULA, dim. SITELLA (vdpia), was probably 
a bucket or pail for drawing and carrying water, 6 
but was more usually applied to the vessel from 
which lots were drawn : silella, however, was 
more commonly used in this signification. 7 It ap- 
pears that the vessel was filled with water (as 
imong the Greeks, whence the word vdpia), and 
;hat the lots (sortes) were made of wood ; and as, 
though increasing in size below, it had a narrow 
neck, only one lot could come to the top of the wa- 
ter at the same time, when it was shaken (situ- 
iam hue tecum afferio cum aqua ct sortes*). The ves- 
sel used for drawing lots w T as also called urna or 
crca as well as situla or sitella. 9 

It is important to understand the true meaning 
of sitella, since almost all modern writers have sup- 
posed that the name of sitella or cista was given in- 
differently to the ballot-box, into which those who 
voted in the comitia and courts of justice cast their 
tabellse ; but Wunder 10 has proved that the opinion 
of Manutius 11 is correct, who maintained that the 
sitella was the urn from which the names of the 
tribes or centuries were drawn out by lot, so that 
each might have its proper place in voting, and that 
the cista was the box into which the tabellae were 
cast (cistas suffragiorum in comitiis 12 ). The form 
of the cista is preserved on a coin of the Cassian 
gens, figured by Spanheim, 13 where a man is repre- 
sented in the act of placing a tabella, marked with 
the letter A (i. e., absolve-) in the cista. This cista, 
which is represented in the annexed cut, is 
evidently made of wicker or similar work 
(to which Tibullus 1 * alludes in the line " Et 
- levis occultis conscia cista sacris"), and there- 
fore could not possibly be used in the drawing of 

1. (Harpocr.,s. v. 2?roj. — Pollux, Onom., viii., 33. — Demoslh., 
r. Aphob., 839, 854.)— 2. (Dem., c. Steph., 1135.)— 3. (Bockh, 
Staatsh. der Athen., i., 293.)— 4. (Suidas, s. v. 'tttaov.— Pollux, 
Onom., iii., 47 ; vi., 153; viii., 31, 33. — Meier, Att. Proc, 43, 
423-427.— Platner, Proc. und Klag., ii., 266.)— 5. (Aristot., H. 
A., ix., 2 — Adams, Append., s. v.) — 6. (Plaut., Amph., ii., 2, 39.) 
7. (Id., Cas., ii., 5, 34, 43 ; ii., 6, 7, 11.— Liv., xxv., 3 ; xli., 18.) 
#. (Plaut., Cas., ii., 4, 17.— Cic. in Verr., ii., 2, 51. — Vopisc, 
Prob., 8.)-9. (Cic. in Vatin., 14.— Val. Max., vi., 3, t) 4.— Virg., 
.<En., vi., 431, &c. — Luc - .an, v., 394, with schol. — Compare Pers., 
in., 48.) — 10. (Codex Erfutensis, p. clviii., &c.) — 11. (De Co- 
jnitiiB Rom.,c. 15, p. 527, cd. Grvev.)— 12. (Plin., H. N., xxxiii., 
, 8. 7.— Auctor. ad Herenn., i., 12. — Pseudo-Ascon. ad Cic, Div , 
, p. 108, ed. Orelli.) — 13. (De Priest, et usu Numism., p. 560, 
««l J671.)-14. (i., 7, 46.) 




lots, since we know that the vessels used for tnai 
purpose were filled with water. The form of the 
sitella is also given by Spanheim, 1 from an- ^ 
other coin of the Cassian gens. (See cut an- rj 
nexed.) This account has been taken from a ^ 
very excellent dissertation by Wunder on the abovf*- 
mentioned work. 

SITTYB^. (Vid. Libkr, p. 588.) 

*SMARAGDUS (afidpaydoc), the Emerald. " The 
ancients," says Sir John Hill, " distinguished twelve 
kinds of emerald, some of which, however, seem 
to have been rather stones of the prasius or jaspei 
kind, and others no more than coloured crystals 
and spars from copper mines." " As for the statues, 
obelisks, and pillars," observes Dr. Moore, " formed 
of emeralds of prodigious size, mentioned by Theo- 
phrastus, Pliny, and others, they were of some one 
or other of the several more abundant minerals 
that have been already suggested, or else of colour- 
ed glass. Larcher thinks the pillar of emerald 
which Herodotus saw in the Temple of Hercules at 
Tyre, and which shone at night, was a hollow 
cylinder of glass, within which lamps were placed. 
Theophrastus himself, speaking of this column, sug- 
gests that it may be a false emerald ; for such, says 
he, there are. And such there are, even at the 
present day, which pass for native stones. Beck- 
mann says that a piece of glass in the monastery 
of Reichenau, seven inches long, and weighing 28 
lbs., and a large cup at Genoa, which is, however, 
full of flaws, are given out to be emeralds, even to 
the present time. It is very probable that our 
emerald ought not to be reckoned among the many 
varieties of smaragdi mentioned by the ancients. 
Dutens doubts if it was known to them ; and from 
the researches and the positive assertion of Taver- 
nier, it appears, at least, that no locality of emerald 
is known in Asia or its islands." 8 

*SMARIS (ofiapic), a species of fish, the Sparus 
Smaris, L., or Pickerel. 3 

*SMILAX (apiXai;), Bindweed. (Vid. Milax.) 

SMILE (auiXrj). (Vid. Dolabra.) 

♦SMIRIS (afiipis) or SMYRIS (ofivpic), the Em- 
ery of British, and Emeril of French mineralogists. 
It was used by the ancients, as it is by the lapi- 
daries of the present day, in polishing hard stones. 
It consists principally of alumine, with a small pro- 
portion of silex and iron."* 

*SMYRNA (ofivpva), Myrrh. " It is not yet well 
ascertained," says Adams, " what is the nature of 
the tree which produces the Myrrh of the East 
Bruce, the Abyssinian traveller, supposed it a spe 
cies of Acacia or Mimosa. The ancients describe 
two kinds of liquid myrrh, under the name ofaruKTij : 
the finest is that which runs fluid from the tree 
without cutting ; the other was a fluid myrrh taken 
out of the midst of the larger pieces of the solid 
kind." 5 

SOCCUS, dim. SO'CCULUS, was nearly, if not 
altogether, equivalent in meaning to Crepida, and 
denoted a slipper or low shoe, which did not fit 
closely, and was not fastened by any tie. 6 Shoes 
of this description were worn, more especially 
among the Greeks, together with the Pallium, both 
by men and by women. But those appropriated to 
the female sex were finer and more ornamented 7 
(soccus muliebris"), although those worn by men 
were likewise, in some instances, richly adorned, 
according to the taste and means of the wearer.' 
Caligula wore gold and pearls upon his slippers. 10 

1. (1. c.) — 2. (Hill ad Theophr., De Lapid., c. 44. — Moore's 
Anc. Mineral., p. 150.)— 3. (Aristot., H. A., viii., 30.— Plin., H. 
N., xxxii., 11.)— 4. (Dioscor., v., 165. — Adams, Append., s. v.;— 
5. (Theophr., H. P., ix., 1. — Dioscoi., i., 77, 78. — Adams, Ap- 
pend., s. v.) — 6. (Isid., Orig., xix., 33.) — 7. (Plin., H. N., ix 
35, s. 56.)— 8. (Sueton., Calig, 52. — Vitell., 2.)— 9. (Plaut 
Bacch., ii., 3, 98.) — 10. (Sen., De Ben., ii., 12. — Plii H. N 
xxxvij., 2, s. 6.) 

901 



SOCIETAS 



SOCIETAS 



For the reasons mentioned under the articles 
Baxa and Crepida, the soccus was worn by comic 
actors, 1 and was in this respect opposed to the 
Cothurnus. 3 The annexed woodcut is taken from 
an ancient painting of a buffoon (Mimus), who is 



■V),»W 




dancing in loose yellow slippers (luteum soccum 3 ). 
This was one of their most common colours. 4 ( Via 1 . 
Solea.) 

SOCrETAS. Societas is classed by Gaius 5 
among those obligationes which arise consensu. 
When several persons unite for a common purpose, 
which is legal, and contribute the necessary means, 
such a union is societas, and the persons are socii. 
The contract of societas might either be made in 
words, or by the acts of the parties, or by the con- 
sent of the parties signified through third persons. 
A societas might be formed either for the sake of 
gain to arise from the dealings and labour of the 
socii (qucestus), or not. Societas for the purpose of 
quasstus corresponds to the English partnership. A 
societas might be formed which should comprise 
all the property of the socii (societas omnium bono- 
rum) ; in which case, as soon as the societas was 
formed, all the property of all the socii immediately 
became common (res co'euntium continuo communi- 
cantur). But the societas might be limited to a 
part of the property of the socii or to a single thing, 
as the buying and selling of slaves, or to carry on 
trade in a particular thing in a particular place. 6 
The communion of property in a societas might 
also be limited to the use of the things. 

Each socius was bound to contribute towards 
the objects of the societas according to the terms 
of the contract. But it was not necessary that all 
the socii should contribute money ; one might sup- 
ply money, and another might supply labour (opera), 
and the profit might be divisible between them, for 
the labour of one might be as valuable as the money 
of the other In the case of Roscius the actor, 
Fannius had a slave Panurgus, who, by agreement 
between Roscius and Fannius, was made their 
joint property (commmiis). Roscius paid nothing 
for his one half of the man, but he undertook to in- 
struct him in his art. Apparently they became 
partners in the man in equal shares, for Cicero 
complains of the terms of the societas on the part 
of Roscius, whose instruction was worth much 
more than the price of the slave before he was 
taught his art. 7 The agreement between the socii 
might also be, that one socius should sustain no 
loss and should have a share of the gain, provided 
his labour was so valuable as to render it equitable 
for him to become a partner on such terms. If the 

1. (Hor., Ep. ad Pis., 80, 90.) — 2. (Mart., viii., 3, 13.— Plin., 
Epist., ix., 7.)— 3. (Catull., Epithal. Jul., 10.) — 4. (De L'Aul- 
naye, Salt. Tlieat., pl.iv.)— 5. (Hi., 135.)— 6. (Cic., Pro P. Quin- 
tio. c. 3.)— 7. (Cic, Pro Q. Rose. Com., 10.) 
902 



shares of the socii were not fixed by agreement, 
they were considered to be equal. One partner 
might have two or more shares, and another might 
have only one, if their contributions to the societaa 
in money or in labour were in these proportions. 
If the agreement was merely as to the division of 
profit, it followed that the socii must bear the losses 
in the same proportion. Each socius was answer- 
able to the others for his conduct in the manage- 
ment of the business ; he was bound to use dili- 
gentia, and was answerable for any loss through 
culpa. The action which one socius had against 
another in respect of the contract of partnership 
was an actio directa, and called pro socio (arbitrum 
pro socio 1 ). The action might be brought for any 
breach of the agreement of partnership, for an ac- 
count, and for a dissolution. A partner might 
transfer his interest to another person, but this 
transfer did not make that other person a partner, 
for consent of all parties was essential to a societas ; 
in fact, such a transfer was a dissolution of the 
partnership, and the person to whom the transfer 
was made might have his action de communi divi- 
dundo. 

Each socius had a right of action in proportion 
to his interest against any person with whom any 
of the socii had contracted, if the socii had com- 
missioned him to make the contract, or had ap 
proved of the contract, or if it was an action ari- 
sing from a delict. Thus, in the case of Roscius 
and Fannius, they had severally sued a third person 
in respect of their several claims as partners, and 
yet Fannius still claimed the half of what Roscius 
had recovered in respect of his share in the partner- 
ship. 2 In all other cases the person who made the 
contract could alone sue. All the socii could be 
sued if they had all joined in the contract with a 
third person, and each in proportion to his share. 
If one socius contracted on behalf of all, being com- 
missioned to do so, all were liable to the full amount. 
If a socius borrowed money, the other socii were in 
no case bound by his contract, unless the money 
had been brought into the common stock. In fact, 
the dealings of one partner did not bind the other 
partners, except in such cases as they would be 
bound independent of the existence of the societas. 
Condemnatio in an actio pro socio was sometimes 
attended with Infamia. 

A societas could be ended at the pleasure of any 
one of the socii : any member of the body could 
give notice of dissolution when he pleased (renun- 
tiare societaii), and therefore the societas was dis- 
solved (solvitur). But in the case of a societas om- 
nium bonorum, if one socius had been appointed 
heres, he could not, by giving notice of dissolution, 
defraud his copartners of their share of the heredi- 
tas. The death of a partner dissolved the societas, 
and a capitis diminutio was said to have the same 
effect. If the property of any one of the socii was 
sold either publice (bonorum publicatio) or privatim, 
the societas was dissolved. It was also dissolved 
when the purpose for which it was formed was ac- 
complished, or the things in which there was a soci- 
etas had ceased to exist 

If, on the dissolution of a partnership, there "» as 
no profit, but a loss to sustain, the loss was borne, 
as already stated, by the socii in proportion to their 
shares If one man contributed money and another 
labour, and there was a loss, how was the loss 
borne 1 If the money and the labour were con 
sidered equivalent, it would seem to follow that, 
until the partnership property were exhausted by 
the payment of the debts, there should be no pe- 
cuniary contribution by the person who supplied 



1 (Cic, Pro Q. Rose. Com., 9.) — 2. (Pro Q. Rose. Com., 11, 
17, 18.) 



SOCII. 



SOCI1. 



the labour This principle is a consequence of 
what Gains states, that the capital of one and the 
labour of another might be considered equal, and 
the gain might be divided ; and if there was a loss, 
the loss must be divided in the same proportion. 

Societates were formed for the purpose of farm- 
ing the public revenues. 1 (Vid. Publicum.) 

SO'CII (avpfiaxoi). In the early times, when 
Rome formed equal alliances with any of the sur- 
rounding nations, these nations were called Socii. 2 
After the dissolution of the Latin league, when the 
name Lutini, or nomen Latinum, was artificially 
applied to a great number of Italians, few only of 
whom were real inhabitants of the old Latin towns, 
and the majority of whom had been made Latins 
by the will and the law of Rome, there necessarily 
arose a difference between these Latins and the 
Socii, and the expression Socii nomen Latinum is 
one of the old asyndeta, instead of Sock et nomen 
Latinum. The Italian allies, again, must be distin- 
guished from foreign allies. Of the latter we shall 
speak hereafter. The Italian allies consisted, for 
the most part, of such nations as had either been 
conquered by the Romans, or had come under their 
dominion by other circumstances. When such na- 
tions formed an alliance with Rome, they generally 
retained their own laws ; or if at first they were 
not allowed this privilege, they afterward received 
them back again. The condition of the Italian al- 
lies varied, and mainly depended upon the manner 
in which they had come under the Roman domin- 
ion ; 3 but, in reality, they were always dependant 
upon Rome. Niebuhr* considered that there were 
two main conditions of the Socii, analogous or equal 
to those of the provincials, that is, that they were 
either foederati or liberi (immuncs 5 ). The former 
were such as had formed an alliance with Rome, 
which was sworn to by both parties ; the latter 
were those people to whom the senate had restored 
their autonomy after they were conquered, such as 
the Hernican towns. 6 But the condition of each 
of these classes must again have been modified ac- 
cording to circumstances. The cases in which 
Rome had an equal alliance with nations or towns 
of Italy became gradually fewer in number : alli- 
ances of this kind existed indeed for a long time 
with Tibur, Prameste, Naples, and others, 7 but 
these places were nevertheless, in reality, as de- 
pendant as the other Socii. It was only a few 
people, such as the Camertes and the Heracleans, 
that maintained the rights of their equal alliance 
with Rome down to a very late time. 8 With these 
few exceptions, most of the Italians were either 
Socii (in the later sense) or Latini. During the 
latter period of the Republic they had the connubium 
with Rome, 9 but not the suffrage of the Latins. 
It sometimes happened, as in the case of the Mace- 
donian Onesimus, that a foreign individual was 
honoured by the senate by being registered among 
the Italian Socii (in sociorum formulam referre), and 
in this case the senate provided him with a house 
and lands in some part of Italy. 10 

Although the allies had their own laws, the sen- 
ate, in cases where it appeared conducive to the 
general welfare, might command them to submit to 
any ordinance it might issue, as in the case of the 
senatus consultum De Bacchanalibus. 11 Many reg- 
ulations, also, which were part of the Roman law, 



1. (Gaius, iii., 148-154.— Dig. 17, tit. 2.— Inst., iii., tit. 26.— 
Cod., iv , tit. 37. — Miihlenbruch, DoctrinaPandectarum. — Mack- 
eldey, Lehtbuch, &c. — Hasse, Die Culpa des Rom. Rechts, s. 
46, 49.)— 2. (Liv., ii., 53.)— 3. (Id., viii., 25 ; ix., 20.)— 4. (Hist, 
of Rome, iii., p. 616.)— 5. (Cic, c. Verr., iii., 6.) — 6. (Liv., ix., 
43.)— 7. (Folyb., vi., 14.— Liv., xliii., 2.— Cic, Pro Balb., 8.)— 8. 
{Liv., xxviii., 45. — Plut., Mar., 28. — Cic, Pro Balb., 20 ; Pro 
irch., 4.) —9. (Diodor., Excerpt. Mai, xxxvii., 6.) — 10. (Liv., 
iliv.. 16.)— 11 (Liv., xxxix., 14.) 



especially such as related to usury, sureties, wills, 
and innumerable other things, 1 were introduced 
among the Socii, and nominally received by them 
voluntarily. 8 The Romans thus gradually united 
the Italians with themselves, by introducing their 
own laws among them ; but, as they did not grant 
to them the same civic rights, the Socii ultimately 
demanded them, arms in their hands. 

Among the duties which the Italian Socii had to 
perform towards Rome, the following are the prin- 
cipal ones : they had to send subsidies in troops, 
money, corn, ships, and other things, whenever 
Rome demanded them. 3 The number of troops re- 
quisite for completing or increasing the Roman ar- 
mies was decreed every year by the senate,* and 
the consuls fixed the amount which each allied na- 
tion had to send, in proportion to its population ca- 
pable of bearing arms, of which each nation was 
obliged to draw up accurate lists, called formula 5 
The consul also appointed the place and time at 
which the troops of the Socii, each part under its 
own leader, had to meet him and his legions. 6 The 
infantry of the allies in a consular army was usually 
equal in numbers to that of the Romans ; the cav- 
alry was generally three times the number of the 
Romans; 7 but these numerical proportions were 
not always observed. 8 The consuls appointed 
twelve praefects as commanders of the Socii, and 
their power answered to that of the twelve military 
tribunes in the consular legions. 9 These praefects, 
who were probably taken from the allies themselves, 
and not from the Romans, selected a third of the 
cavalry, and a fifth of the infantry of the Socii, who 
formed a select detachment for extraordinary cases, 
and who were called the extraor dinar ii. The re 
maining body of the Socii was then divided into two 
parts, called the right and left wing. 10 The infantry 
of the wings was, as usual, divided into cohorts, and 
the cavalry into turmae. In some cases, also, legion 
were formed of the Socii. 11 Pay and clothing wer 
given to the allied troops by the states or towns to 
which they belonged, and which appointed quaestors 
or paymasters for this purpose ; 12 but Rome furnish- 
ed them with provisions at the expense of the Re- 
public : the infantry received the same as the Ro- 
man infantry, but the cavalry only received two 
thirds of what was given to the Roman cavalry. 13 
In the distribution of the spoil and of conquered 
lands, they frequently received the same share as 
the Romans. 1 * The Socii were also sometimes sent 
out as colonists with the Romans. 15 They were 
never allowed to take up arms of their own accord, 
and disputes among them were settled by the sen- 
ate. Notwithstanding all this, the Socii fell gradu- 
ally under the arbitrary rule of the senate and the 
magistrates of Rome ; and after the year B.C. 173, 
it even became customary for magistrates, when 
they travelled through Italy, to demand of the au- 
thorities of allied towns to pay homage to them, to 
provide them with a residence, and to furnish them 
with beasts of burden when they continued then 
journey. 16 Gellius 17 mentions a number of other 
vexations which the Roman magistrates inflicted 
upon the Socii, who could not venture to seek any 
redress against them.. The only way for the allies 
to obtain any protection against such arbitrary pro- 
ceedings, was to enter into a kind of clientela with 



1. (Liv., xxxv., 7.— Gaius, iii., 121, &c— Cic, Pro Balb., 8.) 
—2. (Cic, 1. c— Gell., xvi., 13 ; xix., 8.)— 3. (Liv., xxvi., 39 ; 
xxviii., 45 ; xxxv., 16, &c)— 4. (Liv., passim.) — 5. (Id., xxxiv., 
56.— Polyb., vi., 21, 26.— Liv., xxii., 57 ; xxvii., 10.)— 6. (Polyb., 
1. c— Liv., xxxiv., 56 ; xxxvi., 3 ; xli.. 5.)— 7. (Polyb., iii., 108 ; 
vi., 26, 30.)— 8. (Polyb., ii., 24 , iii., 72.)— 9. (Id., vi., 26, 37.)— 
10. (Polyb., 1. c— Liv., xxxi., 21 ; xxxv., 5.)— 11. (Liv., xxxvii., 
39.)— 12. (Polyb., vi., 21.— Cic, c Verr., v., 24.)— 13. (Polyb., 
vi., 39. — Cic, Pro Balb., 20.) — 14. (Liv., xl., 43 ; xli., 7, 13 ; 
x'v.,43 xlii.,4.)— 15. (Appian, De Bell. Civ., i., 24.)— 16. (Liv., 
xiii., 1. —17. (x., 3.) 

903 



SOLE A. 



SORTES. 



some influential and powerful Roman, as the Sam- 
uites were in the clientela of Fabricius Luscinus, 1 
and the senate, which was at all times regarded as 
the chief protector of the Socii, not only recognised 
such a relation of clientela between Socii and a Ro- 
man citizen, but even referred to such patrons cases 
for decision which otherwise it might have decided 
itself. 2 Socii who revolted against Rome were fre- 
quently punished with the loss of their freedom, or 
of the honour of serving in the Roman armies. 3 
Such punishments, however, varied according to 
circumstances. 

After the civitas had been granted to all the Ital- 
ians by the lex Julia De Civitate, the relation of 
the Italian Socii to Rome ceased. But Rome had 
long before this event applied the name Socii to 
foreign nations also which were allied with Rome, 
though the meaning of the word in this case differ- 
ed from that of the Socii Italici. Livy 4 distinguish- 
es two principal kinds of alliances with foreign na- 
tions : 1. Fazdus cequum, such as might be concluded 
either after a war in which neither party had gained 
a decisive victory, or with a nation with which 
Rome had never been at war ; 2. a foedus iniquum, 
when a foreign nation conquered by the Romans 
was obliged to enter the alliance on any terms pro- 
posed by the conquerors. In the latter case the 
foreign nation was to some extent subject to Rome, 
and obliged to comply with anything that Rome 
might demand. But all foreign Socii, whether they 
had an equal or an unequal alliance, were obliged 
to send subsidies in troops when Rome demanded 
them : these troops, how r ever, did not, like those of 
the Italian Socii, serve in the line, but were em- 
ployed as light-armed soldiers, and were called mil- 
ites auxiliares, auxiliarii, auxilia, or sometimes aux- 
ilia externa* Towards the end of the Republic, all 
the Roman allies, whether they were nations or 
kings, sank down to the condition of mere subjects 
or vassals of Rome, whose freedom and independ- 
ence consisted in nothing but a name. 6 (Compare 
Fosderat^e ClVITATES.) 

SO'CIO, PRO, ACTIO. (Vid. Societas.) 

SO'CIUS. {Vid. Societas.) 

SODA'LES AUGUSTA'LES. (Vid. Augusta- 

LES.) 

SODALFTIUM. (Vid. Ambitus.) 

SOLA'RIUM. ( Vid. Horologium, p. 509 ; House, 
Roman, p. 518.) 

SO'LEA was the simplest kind of sandal (vid. 
Sandalium), consisting of a sole with little more to 
fasten it to the foot than a strap across the instep. 7 
It was sometimes made of wood, 8 and worn by rus- 
tics (/caAo7re<5iAa 9 ), resembling probably the wooden 
sandals which now form part of the dress of the 
Capuchins. The solea, as worn by the upper class- 
es, was adapted chiefly for wearing in the house, 
so that when a man went out to dinner he walked 
in shoes (vid. Calceus), taking with him slippers (vid. 
Soccus) or soleae, which he put on when he enter- 
ed the house. Before reclining at table, these were 
taken away by a servant 10 (see woodcut, p. 276) ; 
consequently, when dinner was over, it was neces- 
sary to call for them. 11 But, according to the state 
of the roads or of the weather, the shoes or boots 
were again put on in order to return home, the soleas 
being carried, as before, under the arm. 12 When 
circumstances were favourable, this change of the 

1. (Val. Max., iv., 3, $ 6.)— 2. (Dionys., ii., 11.— Liv., ix., 20. 
--Cic, Pro Sull., 21.)— 3. (Gell., 1. c— Appian, De Bell. Han- 
nib., 61. — Strab., v., p. 385; vi., p. 389. — Festus, s. v. Brutiam.) 
—4. (xxxiv., 57.— Compare xxxv., 46.) — 5. (Polyb., ii., 32. — Liv., 
xxi., 46, &c. ; xxii., 22 ; xxvii., 37 ; xxxv., 11 ; xlii., 29, 35.) — 
6. (Walter, Gesch. d. Rom. Rechts, p. 192, <fcc.)— 7. (Gell., iii., 
14; xiii., 21.) -8. (Isul., Ong., xix., 33.) —9. (Theocr., xxv., 
102, 103.) —10. (Plaut., True, ii., 4, 16. — Ovid, Art. Am., ii., 
212.— Mart., viii., 59, 14.)— 11. (Plaut., True, ii., 4, 12 ; Most., 
ii 1, 37.— Hor., Sat , ii., 8, 77.)— 12. (Ilor., Epist., i., 13, 15.) 
904 



shoes for slippers or soleae was not considered ne- 
cessary, the latter being worn in the streets. 1 

Solea lignece, soles or shoes of wood, were put 
on, under the authority of the Roman law, eithei 
for the purpose of torture, or perhaps merely to in 
dicate the condition of a criminal, or to preventing 
escape. 8 In domestic life, the sandal, commonly 
worn by females, was often used to chastise a hus 
band, and to bring him into subjection 3 (solea objure 
gabere rubra* savdalio 5 ). 

Iron shoes (solea ferrece) were put on the feet ol 
mules ; 6 but instead of this, Nero had his mules shod 
with silver, 7 and his empress Foppaea hers with 
gold. 8 

*SO'LEA, II. (fiovyluoaoe or -77), the Pleuronecles 
Solea, L., or Sole. "The Lingulaca of Festus and 
Varro is supposed to have been the Sole. By a 
play on the word, it is called cuvdalov in the curious 
parody of Matron preserved by Athenaeus." 9 

*SOLEN (guM/v), " the name of a testaceous fish 
mentioned by Aristotle, Galen, Xenocrates, and 
Pliny, and called also avXoc, owZ, and dova!;. Ac- 
cording to Rondelet, they are called Cape longe by 
the Italians, Couteaux by the French, and Pirots 
by the English. Belon, however, gives them the 
name of Piloto, and Gesner of Bagfish. It is diffi- 
cult to determine what animal they point to. But 
is there any reason to doubt that the aalrjv of the 
Greeks belonged to the genus Solen of modern nat- 
uralists?' 10 

SO'LIDUS. (Vid. Aurum, p. 129.) 

SOLITAURFLIA. (Vid. Sacrificium, p. 846 
Lustratio, p. 604; and woodcut on p. 897.) 

SO'LIUM. (Vid. Baths, p. 146.) 

SOPHRONIST^E. (Vid. Gymnasium, p. 483.) 

*SORBUM, the fruit of the Sorb or Service-tree 
(Vid. Oua.) 

*SOREX. (Vid. Mus.: • 

SOROI (oopoi). ( Vid. Funos, p. 456.) 

SORTES, Lots. It was a frequent practice 
among the Italian nations to endeavour to ascertain 
a knowledge of future events by drawing lots (sor- 
tes): in many of the ancient Italian temples the will 
of the gods was consulted in this way, as at Pra> 
neste, Caere, &c. (Vid. Oracvlum, p. 693.) Re- 
specting the meaning of Sors, see Cicero. 11 

These sortes or lots were usually little tablets o< 
counters of wood or other materials, and were com- 
monly thrown into a sitella or urn filled with water, 
as is explained under Sitella. The lots were some- 
times thrown like dice. 12 The name of sortes was 
in fact given to anything used to determine chan- 
ces, 13 and was also applied to any verbal response ol 
an oracle. 1 * Various things were written upon the 
lots according to circumstances, as, for instance, the 
names of the persons using them, &c. : it seems to 
have been a favourite practice in later times to 
write the verses of illustrious poets upon little tab- 
lets, and to draw them out of the urn like other lots, 
the verses which a person thus obtained being sup- 
posed to be applicable to him : hence we read of 
sortes VirgiliancB, &c. 15 It was also the practice to 
consult the poets in the same way as the Moham- 
medans do the Koran and Hafiz, and many Chris- 
tians the Bible, namely, by opening the book at ran- 
dom, and applying the first passage that struck the 
eye to a person's own immediate circumstances. 10 
This practice was very common among the early 

1. (Mart., xii., 88.)— 2. (Cic, Invent., ii., 50 ; ad Herenn., i., 
13.)— 3. (Menander, p. 68, 166, ed. Meineke.) — 4. (Pers., v., 
169.)— 5. (Ter., Eunuch., v., 8, 4.— Juv., vi., 516.)— 6. fCatull., 
xvii., 26.)— 7. (Sueton., Nero, 30.)— 8. (Plin., H. N., xxxni., 11, 
s. 49.) — 9. (^El., N. A., xi., 23. — Athen., iv., 3. — Adams, Ap- 
pend., s. v. Bovy\u>ooos.)— 10. (Adams, Append., s. v.)— 11. (De 
Div., ii., 41.) — 12. (Suet., Tib., 14.) — 13. (Compare Cic, De 
Div., i., 34.)— 14. (Id. ib., ii., 56.— Virg., JEd., iv., 346, 377.)— 
15. (Lamprid.. Alex. Sev., 14.— Spart., Hadr., 2.)— 16. (August 
Confess., iv., 3.) 



SPECULUM. 



SPECULUM. 



Christians, who substituted the Bible and the Psalter 
lor Homer and Virgil : many councils repeatedly- 
condemned these sorles sanctorum, as they were 
called. 1 The sibylline books were probably also 
consulted in this way. (Vid. Sibyllini Libr: ) 
Those who foretold future events by lots were called 
sortilcgi* 

The sortes convivialcs were tablets sealed up, 
which were sold at entertainments, and, upon being 
opened or unsealed, entitled the purchaser to things 
of very unequal value : they were, therefore, a kind 
of lottery. 3 

*SPARGAN'ION (anapyavtov). " It is clearly," 
says Adams, " one or other of the well-known Burr- 
recds; the Sparganium ramosum according to Mat- 
thiolus, or the simplex according to Sprengel."* 

*SPARTUM (oirdprov, cirdpTiov, or andprr]) or 
SPARTUS (oirdproc), a shrub, a species of broom, 
out of the young branches and bark of which ropes 
and nets were made, and the seeds of which were 
used medicinally ; the Spartium junceum or scopa- 
rz «m." s 

SPARUS. (Vid. Hasta, p. 489.) 

SPECULA'RIA. (Vid. House. Roman, p. 52;l.) 

SPECULA'RIS LAPIS. (Vid. House, Roman, 
p. 521.) 

SPECULA'TORES or EXPLORATO'RES were 
scouts or spies sent before an army to reconnoitre 
the ground and observe the movements of the ene- 
my. 6 Festus 7 makes a distinction between these 
two words, which is not sustained by the usage of 
the ancient writers. As these speculatores were 
naturally active men, they were frequently employed 
by the emperors to convey letters, news, &c. 8 

Under the emperors there was a body of troops 
called speculatores, who formed part of the praeto- 
rian cohorts, and had the especial care of the emper- 
or's person. 9 They appear to have been so called 
from their duty of" watching over the emperor's 
safety. 10 

SPE'CULUM (KaroTTTpov, eao-TTpov, evorcrpov), a 
Mirror, a Looking-glass. The use of mirrors is of 
very high antiquity/ 1 but they are not mentioned by 
Homer, even when he describes in so circumstantial 
a manner the toilet of Juno. In the historical times 
of Greece they are frequently spoken of, 12 and they 
were probably known in Greece long before, since 
every substance capable of receiving a fine polish 
would answer the purpose of a mirror. Thus ba- 
sins were employed instead of mirrors, 13 and also 
cups, the inside of which was sometimes so dispo- 
sed that the image of the person who drank from 
them was seen multiplied. 1 * 

The looking-glasses of the ancients were usually 
made of metal, at first of a composition of tin and 
copper, but afterward more frequently of silver.' 5 
Pliny says that silver mirrors were first made by 
Praxiteles in the time of Pompey the Great, but 
they are mentioned as early as that of Plautus. 16 
Under the Empire the use of silver mirrors was so 
common, that they began to be used even by maid- 
servants : 17 they are constantly mentioned in the Di- 
gest when silver plate is spoken of. 18 At first they 
were made of the purest silver, but metal of an in- 
ferior quality was afterward employed. 19 Frequent- 

1. (Gibbon, Decline and Fall, c. xxxviii., note 51.) — 2. (Lucan, 
ix , 581.)— 3. (Suet., Octav., 75.— Lamprid., Heliogab., 22.)— 4. 
(Dioscor., iv., 21. — Adams, Append., s. v.) — 5. (Fee, Flore de 
Virgile. — Donnegan, Lex., 4th ed., s. v. Zrraproj.) — 6. (Cses., B. 
G., i., 12; ii., 11.)— 7. (s. v. Explorat.)— 8. (Suet., Cal., 44.— 
Tac., Hist., ii., 73.)— 9. (Tac., Hist., ii., 11.— Suet., Claud., 35. 
— Otho, 5.) — 10. (Compare Spanheim, De Freest, et Usu Nu- 
minin., ii., p. 234, &c.) — 11. (Job, xxxvii.,18. — Exodus, xxxviii., 
8.)— 12. (Xen., Cyr., vii., 1, t> 2.— Eurip., Medea, 1161 ; Orest., 
1112, &c.)— 13. (Artemid., Oneir., iii.,30, p. 279, ed. Reiff.)— 14. 
(Plin., II. N., xxxiii., 9, s. 45.— Compare Vopisc, Prob.,4.)— 15. 
CPlin. I.e.)— 16. (Most., i., 3, 111.)— 17. (Plin., H. N., xxxiv., 
17, s. 48.)— 18. (33, tit. 6, s. 3; 31, til. 2, s. 1? <>8.)-19. (Plin, 
JJ. N., xxxiii., 9, $45.) 
5 Y 



ly, too, the polished silver plate was no doubt very 
slight ; but the excellence of the mirror very much 
depended on the thickness of the plate, since the re- 
flection was stronger in proportion as the plate was 
thicker. 1 We find gold mirrors mentioned once or 
twice by ancient writers ; 2 but it is not impossible, 
as Beckmann has remarked, that the term golden 
rather refers to the frame or ornaments than to the 
mirror itself, as we speak of a gold watch, though 
the cases only may be of that metal. 

Besides metals, the ancients also formed stones 
into mirrors ; but these are mentioned so seldom 
that we may conclude they were intended for orna- 
ment rather than for use. Pliny 3 mentions the ob- 
sidian stone, or, as it is now called, the Iceland- 
ic agate, as particularly suitable for this purpose. 
Domitian is said to have had a gallery lined with 
phengites, which, by its reflection, showed every- 
thing that was done behind his back,* by which 
Beckmann understands a calcareous or gypseous 
spar or selenite, which is indeed capable of reflect 
ing an image ; but we cannot therefore conclude 
that the ancients formed mirrors of it. Mirrors 
were also made of rubies, according to Pliny, 5 who 
refers to Theophrastus for his authority ; but he 
seems to have misunderstood the passage of Theo- 
phrastus, 6 and this stone is never found now suffi- 
ciently large to enable it to be made into a mirror. 
The emerald, it appears, also served Nero for a 
mirror. 7 

The ancients seem to have had glass mirrors 
also like ours, which consist of a glass plate cover- 
ed at the back with a thin leaf of metal. They 
were manufactured as early as the time of Pliny at 
the celebrated glass-houses of Sidon, 8 but they must 
have been inferior to those of metal, since the} 
never came into general use, and are never men- 
tioned by ancient writers among costly pieces of 
furniture, whereas metal mirrors frequently ara 
Pliny seems to allude to them in another passage,* 
where he speaks of gold being applied behind a 
mirror, which we can understand, if we admit that 
Pliny was acquainted with glass mirrors. 

Of mirrors made of a mixture of copper and tin, 
the best were manufactured at Brundisium. 10 This 
mixture produces a white metal, which, unless pre- 
served with great care, soon becomes so dim that 
it cannot be used until it has been previously clean- 
ed and polished. For this reason, a sponge with 
pounded pumice-stone was generally fastened to 
the ancient mirrors. 11 



^a, 




1. (Vitruv., vii., 3, p. 204, e<l. Bip.)- 2. (Eurip , Hec, 925.- 
Senec, Quaest. Nat., i., 17.— JElian, V. II., xii., 58 )— 3. (xxx^., 
26, s. 67.)— 4. (Suet., Dom., 14.)— 5. (xxxvii., 7, s. 25.)— 6. (D« 
Lapid., 61.) — 7. (Plin.. II. N., xxxvii.. 5, s. 16 — Isid., Orig 
xvi., 7.)— 8. (Flin.,H. N.,xxxvi., 26, s. 66.}— 9. ( rxxiii., 9,s.4S 
—10. (Id. ib., 1. c. ; xxxiv., 17, s. 48.)— 11. (Plat., Tim., p 72. c 
— Vossius ad Catull., p. 9" ) 

905 



SPINA. 



SPOLIA. 



Looking-glasses were generally small, and such 
as could be carried in the hand. Most of those 
which are preserved in our museums are of this 
kind ; they usually have a handle, and are of a 
round or oval shape. Their general form is shown 
in the preceding woodcut. 1 

Instead of their being fixed so as to be hung 
against the wall, or to stand upon the table or floor, 
they were generally held by female slaves before 
their mistresses when dressing, 3 which office was 
also performed sometimes by the lover, when ad- 
mitted to the toilet of his mistress. 3 On ancient 
vases we sometimes find female slaves represented 
holding up mirrors to their mistresses.* 

Looking-glasses, however, were also made of the 
length of a person's body {specula totis paria cor- 
poribus% of which kind the mirror of Demosthenes 
must have been. 6 They were fastened to the walls 
sometimes (speculum parieti affixum 1 ), though not 
generally. Suetonius, in his life of Horace, speaks 
of an apartment belonging to that poet which was 
lined with mirrors (speculatum cubiculum), which 
expression, however, Lessing considers as contra- 
ry to the Latin idiom, and therefore regards the 
whole passage as a forgery. That there were, 
however, rooms ornamented in this way, is proba- 
ble from Claudian's description of the chamber of 
Venus, which was covered over with mirrors, so 
that whichever way her eyes turned she could see 
her own image. 8 We frequently find the mirror 
mentioned in connexion with Venus, 9 but Minerva 
was supposed to make no use of it. 10 

SPEIRON (onelpov). (Vid. Pallium, p. 720.) 

SPFLERISIS (ofyaipiGtc). (Vid. Gymnasium, p. 
483.) 

SPH^ERISTE'RIUM. (Vid. Baths, p. 153; 
Gymnasium, p. 483.) 

*SPHACELOS ((jfpdiceloe), the Salvia hortensis, 
or common Sage. 11 

*SPHENDAMNOS (cpevdapvoc), a species of 
Maple. Sprengel hesitates between the Acer Pseu- 
do-platanus and the Creticum ; Stackhouse between 
the former and the A. campestris. The yXeZvoc and 
Cvyia are varieties or synonymes of it. 12 

SPHENDONET^E (a^evdovrjrai). (Vid. Funda.) 

*SPHEX (a$r\%), a term applied to the Vcspa vul- 
garis, or common Wasp, but sometimes misapplied 
to the Vespa crabro, or Hornet. 13 

SPHRAGIS (atypayic). (Vid. Rings, p. 839.) 

*SPHYRiENA (cfyvpaiva), a species of fish 
somewhat larger than the pike, and found only in 
the Mediterranean. "It is the Es ox Sphyrcena, L., 
or Sphyrcena, Lacepede. In Italian, Luzzo marino; 
in French, Spet. The nearpa of Athenaeus is the 
same as the ctyvpawa. Oppian mentions two spe- 
cies, the former of which is the one just described. 
Rondelet calls the other Sphyrcena parva; in French, 
Hautin." 1 * 

SPHYRELATON (otyvprjlarov). (Vid. Bronze, 
p. 177.) 

SPPCULUM. (Vid. Hasta, p. 489.) 

*SPINA (aKavda), the Thorn. (Vid. Acantha.) 

1. (Caylus, Recueil d'Ant., vol. v., pi. 62.) — 2. (Propert., iv., 
f, 75, 76.)— 3. (Ovid, Ar. Am., ii., 216.)— 4. (Tischbein, Engrav. 
from Anc. Vases, i., pi. 10.) — 5. (Senec, Quaest. Nat., i., 17.) — 
6. (Quint., Inst. Orat., xi., 3, t) 68.)— 7. (Dig. 34, tit. 2, s. 19, $ 8. 
— Vitruv., ix., 6 (9), p. 280, ed. Bip.)— 8. (Hymn, in Nupt. Ho- 
nor, et Mar., 106, <fec.)— 9. (Athen., xv., p. 687, c.)— 10. (Callim., 
Hymn, in Lavacr. Pallad., 17. — Spanheim, Observ. in Callima- 
chi Hymnum in Lavacrum Palladis, p. 547, Ul'traj., 1697. — Me- 
nard, Recherches sur les Miroirs des Anciens in l'Histoire de 
l'Aeadfemie des Inscr., xxiii., p. 140. — Caylus, Recueil d' Anti- 
ques, iii., p. 331 ; v., p. 173. — Beckmann, History of Inven- 
tions, vol. iii., p. 164, transl. — Bottiger, Sabina, i., p. 133, 152 ; 
ii., p. 145, 169. — Griechischen Vasengem&hlden, iii., p. 46. — 
Becker, Gallus, i., p. 97 ; ii., p. 111.)— 11. (Theophr., H. P., vi., 
l.j 12. (Theophr., H. P., iii., 3 ; v., 3. — Adams, Append., s. v.) 
— 13 (Adams, Append., s. v.) — 14. (Aristot., H. A., ix., 2. — 
JElian, N. A., i., 33. — Plin., H. N.,xxxii., 11. — Adams, Append., 
s. v.) 

906 



SPINTER or SPINTHER. (Vid, Armilla, p 
96.) 

SPIRA, dim. SPIRULA, 1 the base of a column. 

This member did not exist in the Doric order of 
Greek architecture (vid. Columna), but was alwEys 
present in the Ionic and Corinthian, as well as in 
the Attic (vid. Atticurges), which may be regarded 
as a variety of the Ionic. The term occurs fre- 
quently in Vitruvius a and in Pliny. 3 They adopted 
it from the writings of Greek architects, whose 
works have perished. It is, in fact, the Greek term 
aneZpa, which was applied to this member of a col- 
umn,* probably on account of its resemblance to a 
coil of rope. In ancient Greek inscriptions, cweZpa 
denotes the base both of Ionic and Corinthian pil- 
lars, being applied to those of the temples of Miner- 
va Polias at Athens, 5 and of Jupiter at Labranda. 6 

In the Tuscan and the Roman Doric the base 
consisted of a single torus, 7 sometimes surmounted 
by an astragal. In the Ionic and Attic it common- 
ly consisted of two tori (torus superior and torus in- 
ferior) divided by a scotia (rpoxikoc), and in the 
Corinthiaa of two tori divided by two scotise. The 
upper torus was often fluted (faaSduroc), and sur- 
mounted by an astragal (vid. Astragalus), as in 
the left-hand figure of the annexed woodcut, which 
shows the form of the base in the Ionic or Attic 
temple of Panops on the Ilissus. The right-hand 
figure in the same woodcut shows the correspond- 
ing part in the Temple of Minerva Polias at Athens. 
In this the upper torus is wrought with a platted 
ornament, perhaps designed to represent "\ rope or 
cable. In these two temples the spira rests, not 




upon a plinth (plinf.hus, Trlivftoc), but on a podium. 
In Ionic buildings of a later date it rests on a square 
plinth, corresponding in its dimensions with the 
Abacus. 

SPITHAME (amdafiri). i Vid. Pes, p. 763.) 

*SPIZA (cnrila), a species of bird, "generally 
held to be the Chaffinch, to which Rennie has given 
the scientific name of Fringilla Spiza, instead of 
the misnomer given to it by Linnaeus, namely, Frin- 
gilla ccelebs. I cannot help thinking it doubtful, 
however, whether the oml,a of Aristotle be the 
chaffinch, seeing he compares the missel-thrush to 
the om&, and it is well known that the former is 
much larger than the chaffinch." 8 

*SPODIAS (cTrodiac). According to Sprengel. 
the Prunus insititia, or Bullace-tree • 

SPO'LIA. Four words are commonly employed 
to denote booty taken in war, Prada, Manubice, Ex- 
uviae, Spolia. Of these, prceda bears the most com- 
prehensive meaning, being used for plunder of every 
description. (Fid. Postliminium.) Manubice would 
seem strictly to signify that portion of the spoil 
which fell to the share of the commander-in-chief, 10 



1. (Serv. in Virg., jEn.,ii., 217.)— 2. (iii., 3, 4 & > 4, $ 1, 5 ; 5, 
6 1-4 ; iv., 1, t) 7 ; v., 9, $ 4, ed. Schneider.)— 3. (H. N., xxxvi. 
5, $ 4; 23, s. 56.)— 4. (Pollux, Onom., vii., 121.)— 5. (C. O. 
Muller, Minerva Polias Sacra, p. 35, 50.— Bockh, Corp. Inscr 
Gr., i., 261-286.)— 6. (C. Fellows, Excurs. in Asia Minor, p. 262, 
331.)— 7. (Festus, s. v. Spira.)— 8. (Aristot., H. A., viii., 5.— 
Adams, Append., s. v.)— 9. (Theophr., iii., 6.— Adams, Append., 
s . v.)— 10. (Cic, c. Rull., ii., 20; ?• Verr., II., i., 59, and th« 
note of the Pseudo-Asconius.) 



SPOIIA. 



SPORTULA 



tt e proceeds of which were frequently applied co 
Hie erection of some public building. 1 Aulus Gtl- 
lius, 2 indeed, endeavours to prove that we must un- 
derstand by manubice the money which the quaestor 
realized from the sale of those objects which con- 
stituted praeda ; but the following passage, adduced 
by himself in a garbled form (for he omits the 
words printed in roman), when quoted fairly, is suf- 
ficient to confute his views : "Aurum, argentum, ex 
prceda, ex manubiis, ex coronario, ad quoscunque per- 
venit." 2 The term Exuvice indicates anything strip- 
ped from the person of a foe, while Spolia, properly 
speaking, ought to be confined to armour and weap- 
ons, although both words are applied loosely to tro- 
phies, such as chariots, standards, beaks of ships, 
and the like, which might be preserved and dis- 
played.* 

In the heroic ages, no victory was considered 
complete unless the conquerors could succeed in 
stripping the bodies of the slain, the spoils thus ob- 
tained being viewed (like scalps among the North 
American Indians) as the only unquestionable evi- 
dence of successful valour ; and we find in Homer, 
that when two champions came forward to contend 
in single combat, the manner in which the body 
and arms of the vanquished were to be disposed of 
formed the subject of a regular compact between 
the parties. 5 Among the Romans, spoils taken in 
battle were considered the most honourable of all 
distinctions ; to have twice stripped an enemy, in 
ancient times, entitled the soldier to promotion; 6 
and during the second Punic war, Fabius, when 
filling up the numerous vacancies in the senate, 
caused by the slaughter at Cannae and by other dis- 
astrous defeats, after having selected such as had 
borne some of the great offices of state, named 
those next " qui spolia ex hoste fixa domi haberent, 
aut civicam coronam accepissent." 1 Spoils collected 
on the battle-field after an engagement, or found in 
a captured town, were employed to decorate the 
temples of the gods, triumphal arches, porticoes, 
and other places of public resort, and sometimes, in 
the hour of extreme need, served to arm the peo- 
ple ;* but those which were gained by individual 
prowess were considered the undoubted property 
of the successful combatant, and were exhibited in 
the most conspicuous part of his dwelling, 9 being 
hung up in the atrium, suspended from the door- 
posts, or arranged in the vestibulum, with appropri- 
ate inscriptions. 10 They were regarded as peculiar- 
ly sacred, so that, even if the house was sold, the 
new possessor was not permitted to remove them. 11 
A remarkable instance of this occurred in the "ros- 
trata domus" of Pompey, which was decorated with 
the beaks of ships captured in his war against the 
pirates ; this house passed into the hands of Anto- 
nius the triumvir, 13 and was eventually inherited 
by the Emperor Gordian, in whose time it appears 
to have still retained its ancient ornaments. 13 But 
while, on the one hand, it was unlawful to remove 
spoils, so it was forbidden to replace or repair them 
when they had fallen down or become decayed 
through age, 14 the object of this regulation being, 
doubtless, to guard against the frauds of false pre- 
tenders. 

Of all spoils, the most important were the spolia 

1. (Cic, c. Verr., 1. c— Plin., H. N., vii., 26.)— 2. (xiii., 24.)— 
3. (Cic, c. Rull., ii., 22.)— 4. (Vid. Dcederlein, Lat. Syn., vol. 
iv., p. 337. — Ramshorn, Lat. Syn., p. 869. — Habicht, Syn. Hand- 
vrorterbuch, n. 758.)— 5. (Horn., II., vii., 75, &c. ; xxii., 254, 
&c.)— 6. (Val. Max., ii., 7, $ 14.)— 7. (Liv., xxiii., 23.)— 8. (Id., 
xxii., 57 ; xxiv., 21 ; x., 47. — Val. Max., viii., 6, I) 1. — Silius, x., 
599.J-9. (Polyb., vi., 39.)— 10. (Liv., x., 7 ; xxxviii., 43.— Cic, 
Philipp., ii., 28. — Suet., Nero, 38.— Vir?., JEn., ii., 504 ; iii., 
286.— Tibull., i., 54.— Propert., iii., 9, 26. -Ovid, Ar. Am., ii., 
743.— Silius, vi., 446.)— 11. fPlin., H. N., xxxv., 2.)— 12. (Cic, 
Phil., 1 c.)— 13. (Capito.. Gordian. 3.^—14. (Plutarch. Quaest. 
Rom., 37.) 



opima, a term applied to those only which the com 
mander-in-chief of a Roman army stripped in a field 
of battle from the leader of the foe. 1 Festus 3 gives 
the same definition as Livy, but adds, " M. Varro ait 
opima spolia esse [ctiarri] si manipularis miles dctraz- 
erit dummodo duci hostium" a statement, if correctly 
quoted, directly at variance with the opinion gener- 
ally received and acted upon. Thus, when M. Cras- 
sus, in the fifth consulship of Octavianus (B.C. 29), 
slew Deldo, king of the Bastarnae, he was not con- 
sidered to have gained spolia opima, because acting 
under the auspices of another ; 3 and Plutarch* ex- 
pressly asserts that Roman history up to his own 
time afforded but three examples. The first were 
said to have been won by Romulus from Aero, king 
of the Casninenses ; the second by Aulus Cornelius 
Cossus from Lar Tolumnius, king of the Veientes ; 
the third by M. Claudius Marcellus from Viridoma- 
rus (or BpLTOfiaproc, as he is called by Plutarch), 
king of the Gaesatae. In all these cases, in accord- 
ance with the original institution, the spoils were 
dedicated to Jupiter Feretrius. The honours of spo- 
lia opima were voted to Julius Csesar during his fifth 
consulship (B.C. 44, the year of his death), but it 
was not even pretended that he had any legitimate 
claim to this distinction. 5 (The question with re- 
gard to the true definition of spolia opima is discuss- 
ed with great learning by Perizonius. 6 ) 
SPONDA. {Vid. Lectus, p. 573.) 
SPO'NDEO. (Vid. Obligations, p. 672.) 
*SPOND'YLE or SPHOND'YLE (onovdMn or 
o$ov6vlrj), " an insect noticed by Aristotle and The- 
ophrastus, and about which there has been much 
diversity of opinion. Some suppose it the Gryllo- 
talpa ; some the larva of the Scarabceus melolontha ; 
and others a species of Blalta. Stackhouse offers 
another conjecture, that it is the Julus, L." 7 

*SPOND'YLUS (GTvovdvloc), a small species o! 
oyster, mentioned by Galen and Pliny ; probably 
the Prickly Oyster, a species of the genus Spondy- 
lus.^ 

SPO'NGIA. (Vid. Painting, p. 704.) 
*II. SPONGIA (oizoyyia), Sponge, or Spongia 
officinalis. " The animal nature of the sponge is 
distinctly and repeatedly indicated by Aristotle. Of 
the three kinds, the /xdvoc, the -kvkvoc, and the \A£iA- 
Xeioc, it is difficult to specify exactly the last two ; 
but the first may be confidently pronounced to be 
the Spongia officinalis.'" Dr. Vincent derives the 
term " sponge," through the Greek, from the Arabic 
suffange (s'funge, s'phunge, spunge). 9 

SPONSA, SPONSUS. (Vid. Marriage, Roman, 
p. 623.) 

SPONSA'LIA. ( Vid. Marriage, Roman, p. 623). 
SPONSOR. (Vid. Intercessio, p. 541.) 
SPO'RTULA. In the days of Roman freedom, 
clients were in the habit of testifying respect for 
their patron by thronging his atrium at an early 
hour, and escorting him to places of public resort 
when he went abroad. As an acknowledgment of 
their courtesies, some of the number were usually 
invited to partake of the evening meal. After the 
extinction of liberty, the presence of such guests, 
who had now lost all political importance, was soon 
regarded as an irksome restraint, while, at the same 
time, many of the noble and wealthy were unwilling 
to sacrifice the pompous display of a numerous body 
of retainers. Hence the practice was introduced, 
under the Empire, of bestowing on each client, when 
he presented himself for his morning visit, a certain 
portion of food as a substitute and compensation 

1. (Liv., iv., 20.)— 2. (s. v. Opima.)— 3. (Dion Cass., Ii., 24.— 
Compare Val. Max., iii., 2, $ 6.)— 4. (Marcell., 8.) — 5. (Dion 
Cass., xliv., 4.) — 6. (Animad. Hist., c 7.) —7. (Aristot., H. A., 
v., 7.— Theophr., H. P., ix., 14.— Adams, Append., s. v.)— 8. (Ad- 
ams, Append., s. v.) — 9. (Aristot., II. A., i., 1. — Adams, Append., 
1 s. v. — Vincent's Anc Commerce, vol. ii., p. 78, in notis.) 

907 



STADIUM. 



STADIUM. 



'or the occasional invitation to a regular supper 
[ccena recta) ; and this dole, being carried off in a 
little basket provided for the purpose, received the 
name of sportula. Hence, also, it is termed by 
Greek writers on Roman affairs delitvov divb anvpi- 
doc, which, however, must not be confounded with 
the Seittvov airb anvpldog of earlier authors, which 
was a sort of picnic. 1 For the sake of convenience, 
it soon became common to give an equivalent in 
money, the sum established by general usage being 
a hundred quadrantes. 2 Martial, indeed, often speaks 
of this as a shabby pittance (centum miselli quadran- 
tes 3 ), which, however, he did not scorn himself to 
accept, 4 but, at the same time, does not fail to sneer 
at an upstart who endeavoured to distinguish him- 
self by a largess to a greater amount on his birth- 
day. 5 The donation in money, however, did not 
entirely supersede the sportula given in kind ; for 
we find in Juvenal a lively description of a great 
man's vestibule crowded with dependants, each at- 
tended by a slave bearing a portable kitchen to re- 
3eive the viands, and keep them hot while they were 
carried home. 6 If the sketches of the satirist are 
not too highly coloured, we must conclude that in 
nis time great numbers of the lower orders derived 
their whole sustenance, and the funds for ordinary 
expenditure, exclusively from this source, while even 
the highborn did not scruple to increase their in- 
comes by taking advantage of the ostentatious pro- 
fusion of the rich and vain. 7 A regular roll was 
kept at each mansion of the persons, male and fe- 
male, entitled to receive the allowance ; the names 
were called over in order, the individuals were re- 
quired to appear in person, and the almoner was 
ever on his guard to frustrate the roguery of false 
pretenders, 8 whence the proverb quoted by Tertul- 
{"an, 9 " sportulam furunculus capiat." The morning, 
s we have setu above, 10 was the usual period for 
hese distributions, but they were sometimes made 
in the afternoon. 11 

Nero, imitating the custom of private persons, or- 
dained that a sportula should be substituted for the 
public banquets (publico, coznce) given to the people 
on certain high solemnities ; but this unpopular reg- 
ulation was repealed by Domitian. 12 

When the Emperor Claudius, on one occasion, re- 
solved unexpectedly to entertain the populace with 
some games which were to last for a short time 
only, he styled the exhibition a sportula ; and in the 
age of the younger Pliny, the word was commonly 
employed to signify a gratuity, gift, or emolument 
of any description. 13 

(Compare a dissertation on the sportula by Butt- 
mann, in the Kritische Bibliolhek for 1821. — Vid. 
also Becker, Gallus, i., p. 147.) 

STABULA'RIUS. (Vid. Recepta Actio.) 
*STACTE (arctKTv). (Vid. Smyrna.) 
STA'DIUM (6 orddioc and to orddiov), 1. A Greek 
measure of length, and the chief one used for itin- 
erary distances. It was adopted by the Romans, 
also, chiefly for nautical and astronomical measure- 
ments. It was equal to 600 Greek or 625 Roman 
feet, or to 125 Roman paces ; and the Roman mile 
contained 8 stadia. 1 * Hence the stadium contained 
606 feet 9 inches English. (Vid. Pes.) This stand- 
ard prevailed throughout Greece under the name 
of the Olympic stadium, so called because it was 
the exact length of the stadium or footrace-course 
at Olympia, measured between the pillars at the 
two extremities of the course. The first use of the 

1. (Athen., viii., c. 17.)— 2. (Juv., i., 120.— Mart., x., 70, 75.) 
— 3. (iii., 7. — Compare i., 60 ; iii., 14 ; x., 74.) — 4. (x., 75.) — 5. 
(x., 28.)— 6. (iii., 249.)— 7. (Juv., i., 95.)— 8. (Juv., I.e.)— 9. (c. 
Maicion., iii., 16.)— 10. (Juv., i., 128.)— 11. (Mart., x., 70.)— 12. 
(Suet., Nero, 16 ; Dom., 7.— Mart., viii., 50.)— 13. (Plin., Ep., 
ii., 14 • x., 118.) — 14. (Herod., ii., 149— Plin., H. N., ii., 23, s. 
11 — Columell., R. R., v., 1.— S'.rabo, vii., p. 497 ) 
00S 



measure seems to be contemporaneous with the for 
mation of the stadium at Olympia, when the Olym 
pic games were revived by Iphitus (B.C. 884 or 828) 
This distance doubled formed the diavloc, the tirm- 
kov was 4 stadia, and the dolixoc is differently sta 
ted at 6, 7, 8, 12, 20, and 24 stadia. 

It has been supposed by some authors that there 
were other stadia in use in Greece besides the Olym- 
pic. The most ancient writers never either say or 
hint at such a thing ; but when we compare the dis- 
tances between places, as stated by them in stadia, 
with the real distances, they are found almost inva- 
riably too great if estimated by the Olympic stadium, 
never too small. Hence the conclusion has been 
drawn, that the Greeks used for itinerary measure- 
ments a stade much smaller than the Olympic. 
Major Rennell, who analyzes several of these state- 
ments, gives 505^ feet for the value of the itinerary 
stade. 1 It is, however, scarcely credible, that these 
authors, some of whom expressly inform us that the 
stade contained 600 feet, should reckon distances 
by another stade without giving any intimation of 
the fact, especially as they usually warn their read- 
ers when they speak of measures differing from the 
common standard. 8 The real cause of the excess 
in the itinerary distances of the Greeks is explained 
by Ukert in a way which seems decisive of the 
question. 3 The most ancient mode of reckoning 
distances among the Greeks, as among most other 
nations, was by the number of days required to per- 
form the journey. When the stadium was brought 
into use, the distances were still computed by days' 
journeys, but transferred into stadia by reckoning a 
certain number of stadia to a day's journey. 4 It is 
evident that nearly all the distances given by the 
ancient Greek writers were computed, not measured. 
The uncertainties attending this mode of computa- 
tion are obvious ; and it is equally obvious that, as a 
general rule, the results would be above the truth. 
At sea the calculation was made according to the 
number of stadia which could be sailed over in a 
day by a good ship, in good order, and with a fair 
wind. Any failure in these conditions (and some 
such there must always have been) would increase 
the number of days' sail, and therefore the calcula- 
ted distance when reduced to stadia. Similarly by 
land a day's journey was reckoned equal to the 
number of stadia which a good traveller (dvrjp evfa- 
voc) could perform in a day, which, for obvious rea- 
sons, would generally exceed the space passed over 
under ordinary circumstances. Even the Greeks 
themselves are not agreed as to the number of sta- 
dia in a day's journey. Herodotus 5 gives 700 stadia 
for the voyage of a sailing ship by day, 600 by night. 
Most commonly 1000 stadia were reckoned as a 24 
hours' voyage, but under unfavourable circumstan- 
ces scarcely 500 were performed. 6 Allowance must 
also be made for the windings of the coast, the dif- 
ficulties of the navigation, the currents of the sea, 
the skilfulness of the seamen, and other circum- 
stances. 

A day's journey by land was reckoned at 200 or 
180 stadia, 7 or for an army 150 stadia. 8 And hero 
also delays would often occur. The ancients them- 
selves differ widely in their accounts of distances, 
not only as compared with the true distances, but 
with one another, a fact which the theory of a sep- 
arate itinerary stade cannot account for, but which 
is a natural result of their mode of reckoning, as 
explained above. 

The following testimonies are advanced in sup- 

1. (Geog-. of Herod., sec. 2.) —2. (Herod., ii., 3, 17, 89, 95.— 
Plin., H. N., "i., 30.)— 3. (Geog-. der Griech. und Romer, I., ii., 
p. 56, &c. — Ueber die Art der Gr. und Rom. die Entfernung- zej 
bestimmen.)— 4. (Herod., iv., 85, 86.)— 5 (Id., iv.,86.)— 6. (Mar 
Tyn. ap. Ptolem., Geo"-., i., 17.)— 7. (Herod., iv., 101.— Pausaa., 
x., 33.— Ptol., i., 9.)— 8. (Herod., v., 53-54.) 



STADIUM. 



STADIUM. 



•H)rt of the view of different stadia. Censorinus, 
who lixed 'n the time of Alexander Severus, after 
speaking of the astronomical measurements of Era- 
tosthenes and Pythagoras, says that by the stadium 
used in them we must understand "the stadium 
which is called Italic, of 625 feet, for there are oth- 
ers besides this, of different lengths, as the Olym- 
pic, which consists of 600 feet, and the Pythian, of 
1000." 1 This passage is evidently a complication 
of blunders. The " Italic stadium," unknown else- 
where, is manifestly the same as the Olympic, but 
reckoned in Roman feet, of which it contained 625. 
The " Olympic, of 600 feet," is the same in Greek 
feet. The value given for the Pythian stadium is 
clearly wrong, for the Olympic racecourse was the 
longest in Greece (as appears from the passage of 
Gellius quoted below), and, besides, Censorinus ob- 
viously confounds the racecourses named stadia 
with the measure of the same name ; for it is not 
disputed that the former were of different lengths, 
though the latter never varied. 

Aulus Gellius 2 quotes from Plutarch to the effect 
that Hercules measured out the stadium at Olympia 
with his own feet, making it 600 feet long ; and that, 
when afterward other stadia were established in 
Greece containing the same number of feet, these 
were shorter than the Olympic in the proportion by 
which the foot of Hercules exceeded that of other 
men. But whatever there is of fact in this story 
obviously refers to the courses themselves, not the 
measure ; for what he speaks of is " curriculum sta- 
dii." The statement that the other stadia, besides 
the Olympic, were originally 600 feet long, is proba- 
bly a conjecture of Plutarch's. 

Attempts have been made, especially by Rome de 
'Isle and Gosselin, to prove the existence and to 
determine the lengths of different stadia from the 
different lengths assigned by ancient writers to a 
great circle of the earth. But surely it is far more 
reasonable to take these different values as a proof 
(among others) that the ancients did not know the 
real length of a great circle, than, first assuming that 
they had such knowledge, to explain them as refer- 
ring to different standards. 

On the whole, therefore, there seems no reason 
to suppose that different stadia existed before the 
third century of the Christian eera. 

From this period, however, we do find varieties 
of the stade, the chief of which are those of 7 and 
7£ to the Roman mile. 3 

The following table of supposed varieties of the 
stadium is from Hussey's Ancient Weights, &c. : 

Yards. Feet. Inches. 

Stade assigned to Aristotle's 

measurement of the earth 1 

surface 
Mean geographical stade com- > 

puted by Major Rennell . . ) 

Olympic stade 

Stade of 71 to the Roman mile 
Stade of 7 to the Roman mile . 

2. It has been mentioned above that the Olympic 
footrace-course was called a stadium, and the same 
name was used throughout Greece wherever games 
were celebrated. It was originally intended for the 
footrace, but the other contests which were added 
to the games from time to time (vid. Olympic Games) 
were also exhibited in the stadium, except the horse- 
races, for which a place was set apart, of a similar 
form with the stadium, but larger : this was called 
the hippodrome ('nnrodpofioc). 

The stadium was an oblong area terminated at 
one end by a straight line, at the other by a semi- 



L'S V 



109 1 226992 



163 1 6 



202 


9 


215 2 


24 


231 


5124 



1. (De De Natali, c. 13.)- 
fce ft 58.) 



(i , J )— 3. (Wurm, De Pond., 



circle having the breadth of the stadium o\ its 
base. Round this area were ranges of seats nsmo 
above one another in steps. • 

It was constructed in three different ways, ac- 
cording to the nature of the ground. The simplest 
form was that in which a place could be found 
which had by nature the required shape, as at Lao- 
dicea. Most commonly, however, a position was 
chosen on the side of a hill, and the stadium was 
formed on one side by a natural slope, on the other 
by a mound of earth (yr/c #<3/m), as at Olympia, 
Thebes, and Epidaurus. 1 Sometimes, however, the 
stadium was on level ground, and mounds of earth 
were cast up round it to form seats, and covered 
with stone or marble. We have two celebrated 
examples of this construction in the Pythian stadi- 
um at Delphi and the Panathenaic at Athens. The 
former was originally constructed of Parnassian 
stone, and afterward covered with Pentelic marble 
by Herodes Atticus, 3 who adorned in the same man- 
ner the stadium at Athens, which had been origi- 
nally constructed on the banks of the Ilissus by the 
orator Lycurgus. The marble covering, which 
took four years to complete, has now disappeared, 
but the area is still left, with some ruins of the 
masonry. 3 

The stadium sometimes formed a part of the 
buildings of the gymnasium (vid. Gymnasium), at 
other times it was placed in its neighbourhood, and 
often, as at Athens, stood entirely by itself. That 
at Olympia was in the sacred grove called Altis. 

The size of the stadium varied both in length and 
breadth. The general length was, as above stated, 
the geographical stadium of 600 Greek feet. This 
was not, however, the total length, but only the dis- 
tance between the pillars at the two ends, and it 
was exclusive of the semicircular end of the area. 

The accounts left by ancient writers of the at 
rangement of the parts of the stadium are scanty, 
but, from a comparison of them with existing re 
mains of stadia, we may collect the following par 
ticulars. 

At one end a straight wall shut in the area, and 
here were the entrances, the starting-place for the 
runners, and (at Olympia) an altar of Endymion. 
At the other end, at or near the centre of the semi- 
circle, and at the distance of a stadium from the 
starting-place, was the goal, which was the termi- 
nation of the simple footrace, the runners in which 
were called oradiodpo/ioi : the race itself is called 
oradiov and dpo/ioc. In the 6iav'koc dpojioc the racers 
turned round this and came back to the starting- 
place. The starting-place and goal had various 
names. The former was called dfccng, ypaftfif), 
vairTii]^, and fiaMic : the latter, ripjua, ftarrip, riXoc, 
KCLfiTTTrip, and vvaaa. The term ypafxfirj is explained 
as the line along which the racers were placed be- 
fore starting ; ixtttXjj^, which means the lash of a 
whip, is supposed to have been a cord which was 
stretched in front of the racers to restrain their im- 
patience, and which was let fall when the signal 
was given to start ; the name Ka;i:;rr>p was applied 
to the goal because the runners in the diavloc and 
662.1XOC. turned round it to complete their course. 
These terms are often applied indifferently to the 
starting- place and the goal, probably because the 
starting- place was also the end of a!! races except 
the simple crddiov. The starting-place and goal 
were each marked by a square pillar (arijlai, niovec 
KvBoeideic), and half way between these was a third. 
On the first was inscribed the word dpioreve, on the 
second anevde, and on the third Ka/npov. The 6o?lc- 
XodpofMoi turned round both the extreme pillars tilt 



1. (Pausan., ii., 27, 6. 6 ; vi., 20, 6 5, 6 ; ix., 23, 6. ].)— 2. -Id 
x., 32, 6. 1.)— 3. (Id., i., 19. 6. 7.- Leake's Topog of Athena , 

1)09 



STADIUM. 



STATER 



tney had completed the number of stadia of which 
their course consisted. 1 

The semicircular end of the area, which was 
called ctyevdovrj, and was not used in the races, 
was probably devoted to the other athletic sports. 
This ayevdovTj is still clearly seen in the Ephesian 
and Messenian stadia, in the latter of which it is 
surrounded by 16 rows of seats. The area of the 
stadium was surrounded by the seats for spectators, 
which were separated from it by a low wall or po- 
dium. 

Opposite to the goal on one side of the stadium 
were the seats of the hellanodicae, for whom there 
was a secret entrance into the stadium (KpvizTrj 
eaoSog), and on the other side was an altar of white 
marble, on which the priestesses of Demeter Cha- 
myne sat to view the games. The area was gen- 
erally adorned with altars and statues. 

Such was the general form and arrangement of 
the Greek stadium. After the Roman conquest of 
Greece, the form of the stadium was often modified 
so as to resemble tbe amphitheatre, by making both 
its ends semicircular, and by surrounding it with 
seats supported by "vaalted masonry, as in the Ro- 
man amphitheatre. The Ephesian stadium still has 
such sea*s round a portion of it. A restoration of 
this statHuna is given in the following woodcut, 
copied ii**u Js£fStase. 



A 



i^M 



e o e 




A *s the boundary wall at the aphesis, 77 feet 
deep, B C the sides, and D the semicircular end, of 
the me depth as A ; F F the area, including the 
G$ev6ovrj ; b b pieces of masonry jutting out into 
the area ; e e the entrances ; from o to P is the 



1. (Schol. ad Soph., Electr 691.) 
910 



length of an Olvmpic stadium ; from q — z the rang 
of amphitheatrical seats mentioned above. 1 (Vid 
Olympic Games.) 

STALA'GMIA. (Vid. Imauris, p. 533.) 
*STANNUM, the same with the Plumbum album 
of the Romans or KacotTepoq of the Greeks, the 
" Pyramidal Tin Ore" of Jameson, or Oxyde of Tin. 
" The Phoenicians, at a very early period, were ac- 
quainted with the tin ores of Cornwall. The Jews 
had vessels of tin as early as the days of Moses. 
On the Kaaairepos of the Greeks, the reader is re- 
ferred to BeckmanrCs History of Inventions, vol. iv.. 
p. 1, &c. Heeren says of this work, ' it is there 
first shown that the Latin stannum may be different 
from the Kaaairepoc. The former is what, in the 
German smelting-houses, is called werk, the latter 
is the Plumbum album of the Romans.' " " Lead 
and tin," observes Dr. Moore, " are metals which 
we have the best reason for treating under the 
same head, since the ancients frequently confound- 
ed them ; and, however strange may appear such 
confusion in regard to metals so plainly distin 
guished by their properties as these, their names, 
nevertheless, in Hebrew, Arabic, Greek, and Latin, 
are often indifferently used. The Greeks, when 
they would distinguish the two metals, called tin 
KaaciTEpog, and lead /ll6Xv66oc ; but as the French 
at the present day call pewter etain, and confound 
it with pure tin, so did the Greeks comprehend 
under the name Kaaatrepoc various alloys of tin with 
lead or other metal ; and some such Homer is sup- 
posed to mean when he speaks of tin (Kaaairepo^ f 
used in the fabrication or ornament of various parts 
of armour. The Romans distinguished lead (Plum- 
bum) into black and white. The latter (Plumbum 
album) was the more precious, Pliny says, being 
what the Greeks called Kaaairepog. Plumbum al 
bum is sometimes called stannum, while on other 
occasions the latter is spoken of as something dif 
ferent, in which case it may have been an alloy of 
tin and lead, or, as Beckmann thinks, of silver and 
lead ; or it may have been designated by a different 
name merely because obtained from a different 
place, from an ore of different appearance, or by 
some different process ; since any one of these, we 
know, was anciently sufficient ground of distinction 
between substances that were identical. If any re- 
liance could be placed on Pliny's accuracy in a 
matter of this kind, we might infer, from what he 
says of the mode in which stannum was obtained, 
that the ancients were acquainted with an argen- 
tiferous galena containing also tin. Beckmann, 
however, in his examination of this passage, says 
that lead is seldom found without, but that tin, per- 
haps, has never been found with, silver. He admits 
that the passage in question cannot be fully under- 
stood with any explanation, yet he thinks it proves 
to conviction that the stannum of the ancients was 
not tin, but a mixture of silver and lead, called in 
the German smelting-houses werk. It is from stan- 
num, however, that are derived the names etain and 
tin. He supposes the oldest Kaaairepog to have 
been nothing else than the stannum of the Romans 
Aristotle, however, relating a phenomenon applica- 
ble to tin, calls the metal top Kaacirepov rbv Kelri- 



kov. 



"3 



STATER (craTJjp), which means simply a stand- 
ard (in this case both of weight and more particular- 
ly of money), was the name of the principal gold 
coin of Greece, which was also called chrysus (xpv- 
aovc). The general subject of Greek gold money 



1. (Krause, Die Gymnastik und Agonistik dev Hellenen, p. 
131, t) 14.— Miiller's Archftol. der Kunst, <) 290./ — 2. (Dioscor., 
v., 96.— Pliny, xxiv'., 47— Isid., Orig , xvi., 21.— Numbers, xxxi., 
22.— Heeren's Hist. Researches, vol. vi., p. 167.— Adams, Ap- 
pend., s. v.— Moore's Anci*' t Mineral., i 44, 45.) 



STATER. 



STATER 



has been discussed under Aurum, where it is stated 
that the Greeks obtained their principal supply of 
gold from Asia. To the same quarter we must look 
for the origin of their gold money. The daricus, 
which came to them from Persia, has been already 
treated of. (Vid. Daricus.) The stater is said to 
have been first coined in Lydia by Crcesus. To 
this country, indeed, one tradition ascribes the ori- 
gin both of gold and silver money ; l but, be this as 
it may, the stater of Crcesus was the first gold coin- 
age with which the Greeks were acquainted. 2 
Bockh 3 asserts that these staters were undoubtedly 
formed of the pale gold or electrum which was 
washed down from Tmolus by the Pactolus, and 
which Sophocles speaks of as Sardian electrum. 4 
Electrum, according to Pliny, 5 was gold containing 
a mixture of ^th part of silver. There is in the 
Hunterian collection (plate 66, fig. 1) a very ancient 
coin of this pale gold, of an oval, ball-like shape, 
impressed with the figure of a man kneeling, hold- 
ing a fish in his left hand, and in his right a knife 
hanging down, which Pinkerton takes for a coin of 
Croesus, but respecting which nothing more can be 
said with safety than that it is a very ancient speci- 
men of Asiatic money. Its weight is 248£- English 
grains, or about that of the Attic tetradrachm, which 
was twice the weight of the stater. This, there- 
fore, would be a double stater.' At all events, in 
the absence of certain specimens of the Lydian sta- 
ter, and of any express statement of its value, we 
may suppose, from the very silence of the Greek 
writers, that it did not differ materially from the 
stater which was afterward current in Greece, and 
which was equal in weight to two drachmae, and in 
value to twenty. 1 





Macedoxian Stater. British Museum. 



The following were the principal Greek staters : 
1. The Attic stater, which has been spoken of under 
Aurum. The weights of the coins there mentioned 
are 132 3, 132 7, 132 6, and 13275 grains, the aver- 
age of which is 1325875 grains, which only falla 
short of the weight of the Attic didrach by a lit'de 
more than half a grain. (Vid. Drachma.) The 
gold of the Attic coins is remarkably pure. 

2. The stater of Cyzicus was common in G.<sece, 
especially at Athens. We learn from Demosthenes 8 
that at a particular period (a little after B.C. 335) 
this stater passed on the Bosporus for 28 Attic 
drachmae, which, by a comparisop with the then 
value of the daricus (vid. Daricusj, would give for 
its weight about 180 grains. Several Cyzicene 
staters exist, but none of them come up to this 
weight. Hence we may conclude that the price of 
gold on the Bosporus was at that time unusually 
high. Some of the existing coins give 160 grains, 
and others not more than 120, for the weight of the 
Cyzicene stater, so that the element of this coinage 
seems to have been a piece of 40 grains. Its value, 
calculated from the number of drachmae it passed 
for, would be 11. 2s. 9d. 

3. The 6tater of Lampsacus is mentioned in an 
Attic inscription of B.C. 434. Several gold coins 
of Lampsacus are extant : they may be known by 



1. (Herod., i., 94.)— 2. (Herod., i., 84. —Pollux, Onom., iii., 
87 ; ix., 84.) — 3. (Metrolog. Untersuch., p. 129.) —4. (Antig., 
10370—5. (xxxiii., 23.)— 6. (Bockh, 1 c.)— 7. (Hesych., s. v. 
Xpuc-ovj— Pollux, Onom., iv., 173.— Haroocrat., s. v. AaprtKos-) 
— «. (in Phorm . p. 914.) 



the impression of a seahcrse upon them. Theie 
are two in the British Museum, of the weight of 
about 129 grains, which is just that of the daricus. 
The weights of the Lampsacene staters are very 
unequal ; and both Lampsacus and Cyzicus appear 
to have had gold coins which were multiples of dif- 
ferent standards. 

4. The stater of Phocaea is mentioned by Thn- 
cydides 1 and Demosthenes 2 as . in circulation ta 
their times. Sestini gives several of these, the 
largest of which, stamped with a <p, weighs 25542 
English grains. This is a double stater, giving a 
single one of 12771 grains, or 5 grains less than 
the Attic, and seems to follow the standard of the 
daricus. Most of the others are thirds of the stater, 
and of a lighter comparative weight. There was 
also at Athens a Phocaean coin called earn, 3 which 
may have been either the sixth of the stater or 
(Mr. Hussey conjectures) of the mina. Hesychius* 
mentions the turn, Tpirri, and TETaprn as coins of 
gold, or silver, or copper. There was a gold coir, 
(of what state we are not told) called hfiieKTov. 
which w T as worth eight silver obols. 5 This stooi 
in the same relation to the stater as the obol to th» 
didrachm, namely, one twelfth, and was, therefore 
probably equal to the obol in weight. Its low valua 
(giving the proportional worth of gold to silver as % 
to 1) may be accounted for by supposing that U 
was, like the Phocaean coins, of a UghJ standard, oi 
that the gold in it w T as not very pur<;. 

5. The stater of Macedonia was coined by Philip 
II. and Alexander the Grezt aftev the standard of 
the Attic didrachm, and of very fine gold. Unde; 
those princes it came into general circulation id 
Greece and throughout the Macedonian empire. 
The extant specimens of this coinage are very nu- 
merous. 

Mr. Hussey gi'-es the following report of an assa3 
which was maue for him of a stater of Alexander : . 

GoW, 11 oz. 9 dwts. 6 grs. 
Silver, 18 " 

Alloy, 

The sil^r is an accidental admixture, or, if Zncwn 
to be present, was not allowed for, so that tnis coin 
may iye reckoned at 133 grains of fine gold. Our 
sovereign, after deducting the alloy, contains 11315 
grains of fine gold. Therefore the Macedonian sta- 

133 

ter = — — '— of the English sovereign, or 11. 3s. 6d. 

0672 farthing. The average is, however, a little 
below this stater, but not more so than is due to 
w T ear. The stater of Philip was very recently cur- 
rent in Greece at the value of about 25 shillings. 
This standard was preserved, or very nearly so, 
under the later Macedonian kings, and w T as adopted 
by other states, as Epirus, ^Etolia, Acarnania, and 
Syracuse. 

Besides the staters noticed above, most of the 
cities of Ionia had gold coins, but their value is 
very doubtful. There are specimens in existence 
from Chios, Teos, Colophon, Smyrna, Ephesus, and 
many other places. Samos, Siphnus, Thasos, the 
Greek cities of Sicily, and Cyrene, had gold money 
at an early period. 

Pollux mentions a Corinthian stater as used in 
Sicily, which he calls de/caAirpof crarrip, and makes 
equal to ten JEginetan obols. 6 The explanation of 
this statement is very difficult, and depends in a 
great measure on the disputed question whether the 
Corinthian money followed the Attic or the ^Egine- 
tan standard. 7 



1. (iv., 52.)— 2. (in Boeot., p. 1019.)— 3. (Bockh, Inscrip., 150 ) 

4. (s. v. cktti.) — 5. (Crates ap. Poll., Onom., ix., 62 ; and Mei- 

necke, Frag. Comic, ii., p. 241.) — 6. (Pollux, Onom., iv., 174 • 

ix., 80.) — 7. (Compare Hussey c iv., s. 2, with Bockh, Met olog 

j Untersuch, vii., 8.) 

911 



STATUARY. 



STATUARi. . 



1c calculating the value of the stater in our money, 
(he ratio of gold to silver must not be overlooked. 
Thus the stater of Alexander, which we have val- 
led, according to the present worth of gold, at 11. 
Ss. 6d., passed for twenty drachmae, which, accord- 
ing to the present value of silver, were worth only 
16s. 3d. But the formei is the true worth of the 
stater, the difference arising from the greater value 
of silver in ancient times than now. ( Vid. Argent- 
um.) 

Besides the stater itself, the?e were, as appears 
from the above remarks, double staters, and the 
halves ( vfiixpvaovc, ruiiaraTripeq ), quarters, thirds, 
sixths, and twelfths of the stater. The coins of the 
last four denominations are, however, much less 
common than the single, double, and half staters. 

The term ararvp, in later times, was applied to 
the silver tetradrachm, but whether it was so used 
in the flourishing times of Athens is doubtful. ( Vid. 
Drachma.) 

It was also used in reference to weight, apparent- 
ly like the Hebrew shekel and the Latin pondo, in a 
general sense. The Mina 1 and the Sicilian Litra 2 
are both called stater. 3 

STATI DIES. {Vid. Dies, p. 362.) 

STATIO'NES. (Vid. Castra, p. 222.) 

STATIO'NES FISCI. The Fiscus was divided 
into various departments, called stationes, accord- 
ing to the different revenues belonging to it.* Thus 
we read of a statio XX. hereditatium," a statio hered- 
itatinm, 6 a statio annoniz. 1 

STATIO'NES MUNICIPIO'RUM, mentioned by 
Pliny,* are supposed by Niebuhr 9 to be places by 
the side of the comitium allotted to municipals, that 
they might hear the debates, like privileged seats in 
the hall of a parliamentary assembly. The Gracos- 
tasis mentioned oy Cicero- and Varro 11 was a sim- 
ilar place, as Niebuhr remarks, on the right of the 
comitium, allotted to the Greeks from the allied 
states for the same purpose. 

STATOR, a public servant, who attended on the 
Roman magistrates in the provinces. The statores 
seem to have derived their name from standing by 
the side of the magistrate, and thus being at hand 
to execute all his commands : they appear to have 
been chiefly employed in carrying letters and mes- 
sages. 13 Alexander Severus forbade the use of sta- 
tores in the provinces, and commanded that their 
duties should be discharged by soldiers. 13 

STATU LIBER. (Vid. Manumissio, p. 616.) 

STATUARY (statuaria ars) is, in its proper sense, 
the art of making statues or busts, whether they 
consist of stone or metal, and includes the art of 
making the various kinds of reliefs (alto, basso, and 
mezzo relievo). The ancients, accustomed to trace 
all their arts and sciences to a single person, who 
was generally believed to have been led to his dis- 
covery by some accidental circumstance, relate sev- 
eral stories to account for the origin and discovery 
of the arts of painting and statuary. 1 * But arts such 
as these cannot, like those which are the necessary 
result of particular local circumstances, or are in 
their origin of a complicated nature, be assigned to 
any particular nation or to any particular individual: 
they spring up naturally in all countries, and take 
their origin alike everywhere in the imitative facul- 
ty of man. It is, therefore, idle talk when modern 



1. (Pollux, Onom., ix., 6.)— 2. (Id. ib., it., 24.) — 3. (Sestini, 
degli Stateri Antichi. — Husscy. — Wurm. — Bockh.) — 4. (Cod., 
iv., tit. 31, s. 1 ; 10, tit. 5, s. 1.)— 5. (Orelli, Inscr.,n. 3332.)— 6. 
(Orelli, n. 3207.— Gruter, p. 451, n. 3.)— 7. (Orelli, n. 4107, 4420. 
— Vid. Walter, Gcsch. des Rom. Rechts, p. 350.)— 8. (H. N., xvi., 
44, s. 86.) —9. (Hist, of Rome, ii., p. 58, note 116.) — 10. (ad 
Quint., ii., 1.)— 11. (Ling. Lat., v., 155, ed. Miiller.)— 12. (Cic. 
ad Fam., ii., 17, 19 ; x., 21.— Dig. 4, tit. 6, s. 10.)— 13. (Dig. 4, 
tit. 6, s. 10. — Lamprid., Alex. Sev., 52.) — 14. (Plin., H. N., 
xxxv., 5 and 43. — Compare Quint., x., 2, § 7.) 
912 



writers gravely repeat the stories about the inven- 
tion of sculpture or painting, or assign the invention 
of either of them to the Egyptians or any other na- 
tion. These arts, in their infant state, existed 
among the Greeks from time immemorial ; and if 
there are any resemblances between the earliest 
works of Grecian art and those of Egypt, we have 
still no right to infer that the Greeks learned them 
from the Egyptians ; and we might as well assert 
that the Greeks learned their arts from the Gauls 
or from the Siamese, for the works of these nations, 
too, resemble those of early Greece. An art in its 
primitive state manifests itself nearly in the same 
manner in all parts of the world. But what is of 
real interest is to know the causes through which 
statuary, or, to use a more common but less appro- 
priate term, sculpture, became so pre-eminently the 
art of the Greeks, that down to this day no other 
nation has produced artists that can compete with 
them, and that all look upon the Greeks as the great 
masters and models for all ages. Winckelmann has 
pointed out three great causes, viz., their innate ge- 
nius, their religion, and their social and political in- 
stitutions ; and these three points, if accurately ex- 
amined, will certainly be found to have singularly 
co-operated in making the Greek artists what they 
were. There is another point connected with the 
origin of Grecian sculpture which appears to have 
led some modern writers to form erroneous opin- 
ions. The peculiar form of the Hermae (vid. Her- 
mm) has given rise to the belief that in the earliest 
statues the head only (bust) was represented, and 
that the remaining part of the body was expressed 
by a simple pillar or block. This view is contrary 
to nature as well as to history ; for neither a nation 
nor a child (which in this case may be fairly taken 
as a representative of a nation in its infancy), when 
they begin to exercise their imitative faculty, wi" 
rest satisfied with forming the mere head of a hu- 
man being, but endeavour to produce the whole as 
well as they can. We may add, that no other na- 
tion presents such a phenomenon in the earliest his- 
tory of its arts. The Hermae, therefore, cannot have 
arisen from an incapability of forming a whole hu- 
man figure. They appear rather to point to the 
time when the Greeks began to represent their gods 
in a human form. To give to a god the entire form 
of a man would have been irreverent, whereas the 
head was necessary, and, at the same time, suffi- 
cient to represent him as a distinct individual being, 
and endowed with spiritual and thinking powers. 
The process of humanizing the gods must have been 
preceded by the custom of representing them in un- 
natural forms, or such as were partly human and 
partly animal. The earliest images of the gods 
were pure images (not the gods themselves), and 
intended to express some thought or idea : now, as 
the natural figure of man is only expressive of it- 
self, the significant parts of two or more beings were 
put together to express the idea which men had 
formed of their gods. Such monstrous figures were 
retained as representations of some gods down to 
the latest times. As instances of this, we may men- 
tion Glaucus with the tail of a fish ; l the Arcadian 
Pan with goat's feet ; a and the Demeter of Phigalia 
with the head and mane of a horse. 8 Homers si- 
lence on such compound representations of the gods 
is no proof that they did not exist in early times. 

Before proceeding to consider statuary in its sev 
era/ stages of development, it is necessary to make 
a few preliminary remarks respecting the materials 
used by the Greeks in this art. On the whole, it 
may be said that there is no material applicable to 
statuary which was not used by the Greeks. As 



1. (Philostr., Icon., ii., 15.) —2. (Hirt., Mythol. Biltferb., i- 
p. 161, &c )— 3. (Paus., viii., 42, $ 3.) 



STATUARY. 



&1'ATUaMY. 



toft clay \s capable of being shaped without difficulty 
into any lorm, and is easily dried either by being 
exposed to the sun or by being baked, we may con- 
sider this substance to have been the earliest mate- 
rial of which hgures were made. We have a trace 
of this in the story that Zeus, in his anger at Pro- 
metheus having stolen the fire, ordered Hephaestus 
to form Pandora of earth moistened with tears. 1 
The name plastic art (Jj irXacTtK?}), by which the an- 
cients sometimes designate the art of statuary, prop- 
erly signifies to form or shape a thing of clay. But, 
notwithstanding the great facility of making figures 
Df clay, they are not often mentioned in the early 
ages of Greece, while in Italy the Dn fictiles (trfi'ki- 
vul deoi) were very common from the earliest times. 
Clay figures, however, never fell into disuse entire- 
ly ; and in later times we find not only statues of 
clay, but the pediments in small or rural temples 
frequently contained the most beautiful reliefs in 
ciay, which were copies of the marble reliefs of lar- 
ger temples. When Pliny 2 speaks of Rhoecus and 
Theodorus of Samos as the inventors of the plastice, 
he seems to labour under a mistake, and to con- 
•found the art of working in clay with that of work- 
ing in metal, as in later times the latter of these two 
arts was commonly called plastice. Some ancient 
figures of clay are still preserved. 

The second material was wood, and figures made 
of wood were called i-oava, from £ew, "to polish" or 
" carve." Various kinds of wood were used in stat- 
uary ; we find mention of oak, cedar, cypress, syc- 
amore, pine, fig, box, and ebony. It was chiefly 
used for making images of the gods, and probably 
more on account of the facility of working in it than 
for any other reason. It should, however, be re- 
marked, that particular kinds of wood were used to 
make the images of particular deities : thus the stat- 
utes of Dionysus, the god of figs, were made of fig- 
wood. The use of wood for statues of the gods 
continued to the latest times ; but statues of men, 
as, for example, some of the victors in the public 
ftames, were likewise made of wood at a time when 
the Greeks were sufficiently acquainted with the art 
of working in stone and metal. 

Stone was little used in statuary during the early 
a^ r es of Greece, though it was not altogether un- 
known, as w r e may infer from the relief on the Lion- 
gate of Mycenae. In Italy, where the soft peperino 
afforded an easy material for working, stone ap- 
pears to have been used at an earlier period, and 
more commonly than in Greece. But in the histor- 
ical times, the Greeks used all the principal varie- 
ties of marble for their statues; the most celebrated 
kinds of which were the marbles of Paros and of 
Mount Pentelicus, both of which were of a white 
colour. Different kinds of marble and of different 
colours were sometimes used in one and the same 
statue, in which case the work is called Polylithic 
statuary. 

Bronze ( ^uAkoc, as ), silver, and gold were used 
profusely in the state of society described in the 
Homeric poems, which is a sufficient proof that 
works of art in these metals were not altogether 
unknown in those times. Iron came into use much 
later, and the art of casting iron is ascribed toRhce- 
eus and to Theodorus of Samos. 3 (Vid. Bronze.) 

Ivory came into use at a later period than any of 
the before-mentioned materials, and then was high- 
ly valued both for its beauty and rarity. In its ap- 
plication to statuary, ivory was generally combined 
with gold, and was used for the parts representing 
the flesh. Winckelmann has calculated that about 
one hundred statues of this kind are mentioned by 
the ancients. 

I. (Hesiod., Theojr., 571, <fec— Stob., Serm., 1.) —2. (H. N., 
f txv.. 43.)— 3. (Paus., x.. 38, t> 3.) 
S Z 



The history of ancient art, and of statuary in par 
ticular, may be divided into five periods. 

1. First Period, from the earliest times till about 01. 50, 

or 580 B.C. 

The real history of the arts is preceded by a pe 
riod of a purely mythical character, which tradition 
has peopled with divine artists and most extraordi 
nary productions. Three kinds of artists, however, 
may be distinguished in this mythical period : the 
first consists of gods and daemons, such as Athena, 
Hephaestus, the Phrygian or Dardanian Dactyli, and 
the Cabiri. The second contains whole tribes of 
men, distinguished from others by the mysterious 
possession of superior skill in the practice of the 
arts, such as the Telchines and the Lycian Cyclopes 
The third consists of individuals who are, indeed, 
described as human beings, but yet are nothing 
more than personifications of particular branches 
of art, or the representatives of families of artists 
Of the latter the most celebrated is Dadalus, whose 
name indicates nothing but a smith or an artist in 
general, and who is himself the mythical ancestor 
of a numerous family of artists (Dadalids), which 
can be traced from the time of Homer to that of 
Plato, for even Socrates is said to have been a de- 
scendant of this family. He was believed to be an 
Athenian, but Crete also claimed the honour of be- 
ing his native country. The stories respecting him 
are sometimes more like allegorical accounts of the 
progress of the arts than anything else. He was 
principally renowned in antiquity for his goava, and 
several parts of Greece, as Bceotia, Attica, Crete, 
and even Libya in later times, were believed to pos- 
sess specimens of his workmanship. 1 Numerous 
inventions, also, especially of instruments used in 
carving wood, are ascribed to him. He is said to 
have made his statues walking, which appears to 
mean that before his time human figures were rep- 
resented with their legs close together, and that in 
his statues the legs were separated, which was at 
once a great step forward, as it impacted greater life 
and activity to a figure. Smilis (from opi/u], a carv- 
ing-knife) exercised his art in Samos, ^Egina, anl 
other places, and some remarkable works were at 
tributed to him. 3 Endozus of Athens is called a dia 
ciple of Daedalus. Various works were attribute*; 
to him by the ancients. One among them was a 
colossal i-oavov of Athena Polias in a temple at 
Erythrae in Ionia. She was represented sitting 
upon a -Spovoq, holding a spindle in her hand, and 
with a 7r6Aof on her head. Pausanias 3 saw this tjoa- 
vov himself. 

According to the popular traditions of Greece, 
there was no period in which the gods were not 
represented in some form or other, and there is no 
doubt that for a long time there existed no other 
statues in Greece than those of the gods ; a round 
statue of a man appears for a long time to have 
been a thing unheard of in Greece. The earliest 
representations of the gods, however, were by no 
means regarded as the gods themselves, or even as 
images of them, but only as symbols of their pres- 
ence ; and as the imagination of a pious primitive 
age does not require much to be reminded of the 
presence of the Deity, the simplest symbols were 
sometimes sufficient to produce this effect. Hence 
we find that in many places the presence of a god 
was indicated by the simplest and most shapeless 
symbols, such as unhewn blocks of stone (kidoi up- 
yol*), and by simple pillars or pieces of wood. 5 ( Vid. 
Docana and D^dala.) Many such symbolic rep- 

1. (Paus., vii., 5; ix., 40, $ 2; i., 16, t> 5. — Scylax, p. 53, ed 
Huds.)— 2. (Muller, ^Eginet., p.97.)— 3. (vii.,5, v 4.)— 4. (Paus 
ix.. 27, <> 1 ; 35, <> 1 ; vii., 22, t> 3.)— 5. (Pans., vii., 22, (, 3 - 
Clem. A "ex, Strom., i., p. 418, and p. 318, cd. Syllmrg.) 

913 



STATUARY. 



STATUARY. 



resentations of gods were held in the greatest es- 
teem, even in the historical ages, as sacred inher- 
itances of former times, and remained the conven- 
tional representations of the gods, notwithstanding 
the progress which the arts had made. The gen- 
eral name for a representation of a god not consist- 
ing of such a rude symbol was uyaX/ia. 1 

In the Homeric poems, although the shield of 
Ychilles, the gold and silver dogs which kept watch 
at the palace of Alcinous, and other similar things, 
may be pure fictions, there are sufficient traces of 
the existence of statues of the gods ; but it would 
seem that, as the ideas of the gods were yet gigan- 
tic and undefined, the representations of several su- 
perhuman beings were more calculated to inspire 
awe than to display any artistic beauty. 3 This 
was, however, not always the case. Temples are 
mentioned in several places, 3 ana temples presup- 
pose the existence of representations of the gods. 
A statue of Athena is mentioned at Ilion, upon 
whose knees the queen places a magnificent pe- 
plus.* The statue thus appears to have been in a 
sitting position, like the statues of Athena among 
the Ionians in general. 5 The existence of a statue 
of Apollo must be inferred from Iliad, i., 28, for the 
0-Efijj.a ■&eolo can only mean the wreath or diadem 
with which his statue itself used to be adorned. 
This statue must, moreover, have been represented 
carrying a bow, for attributes like apyvpSro^og could 
have no meaning unless they referred to something 
existing and well-known. Other proofs of repre- 
sentations of the gods in human form may be found 
in Iliad, ii., 478, &c. ; iii., 396, &c. These statues 
were undoubtedly all goava, and, as we must infer 
from the expressions of Homer, were far more per- 
fect than they are said to have been previously to 
the time of Daedalus. A work still extant, which 
s certainly as old as the time of Homer, if not 
much older, is the relief above the ancient gate of 
Mycenae, representing two lions standing on their 
hind legs, with a sort of pillar between them. 6 
These facts justify us in supposing that, at the time 
of Homer, the Greeks, but more especially the Io- 
nians of Asia Minor, had made great progress in 
sculpture. The Ionians appear to have been far in 
advance of the Greeks of the mother-country. The 
cause of this must probably be sought in the influence 
which some of the nations of Western Asia, such 
as the Lydians, Lycians, and Phoenicians, had upon 
the Ionian colonists, for that these nations excelled 
the Greeks in various branches of the arts is abun- 
dantly attested by numerous passages in the Ho- 
meric poems. We must not, however, attribute 
too much to this foreign influence, for there were 
many other causes at work besides, by which the 
Greek colonies, not only of Asia, but of Sicily and 
Italy also, were enabled to be in advance of the 
mother-country. The ancient coins of the Italian 
Greeks, too, are much more beautiful, and show 
more individuality than those of Greece proper - we 
also find that Learchus of Rhegium, about 720 B G. 
came to Sparta, and formed tnere the earliest bronze 
statue of Zeus, which consisted of several pieces 
nailed together. 7 It appears to have been shortly 
after this time that Gitiades oi Sparta made a 
bronze statue of Athena 8 Another great work in 
bronze belonging to this period is the colossal statue 
of Zeus, which was dedicated at Olympia by Cyp- 
selus or Periander of Corinth, and for which the 
wealthy Corinthians were obliged to sacrifice a 



1. (Ruhnken ad Tim., p. 2.)— 2 (II., «., 36, «&«.— Hesiod, 
Scut. Here, 144, 156, 248, &c.)— 3. (II., i., 39, to., 83, &c.)-- 
4. (II., vi., S2.— Compare ib., 273.)— 5. (Strut..., xiii , p. 601.)-- r> 
(Paus., ii., 16, § 4.— Sir W. Gell, Argol., pi. 8-10 — Gottlmg m 
the Rhsinisch. Mus., 1841, p* 2.)— 7. (Paus.. Ml.. 17. 6 fi )— n. 
(7Mu.,-j.,17 t tl&) 
914 



considerable part of their property. 1 About £50 
B.C., Myron of Sicyon dedicated two duXa/io* of 
bronze at Olympia, which were still there in the 
days 01 Pausanias.' 

The time which elapsed between the composition 
of the Homeric poems and the beginning of the fifth 
century before our era, may be termed the age of 
discovery ; for nearly all the inventions upon thp 
application of which the development of the arts ii 
dependant are assigned to this period, which may, 
at the same time, be regarded as the first historical 
period in the history of art. Glaucus of Chios 01 
Samos is said to have invented the art of solder 
ing metal (aiS^pov koaTltjgis 3 ). The two artists 
most celebrated for their discoveries were the two 
brothers Telecles and Theodorus of Samos, about 
the time of Polycrates. The most important of 
them was the art of casting figures of metal. This 
art appears to have been peculiar to the Greeks ; 
at least we do not find that it was ever made use 
of by any other ancient nation. It is a singular 
circumstance, that the very two artists to w r hom 
this invention is ascribed are said to have made 
their studies in Egypt; and the curious story of. 
the two brothers executing a $bavov of the Pythian 
Apollo in such a manner, that while Telecles made 
the one half of the statue at Delos, the other half 
was made by Theodorus at Ephesus, and that, when 
the two halves were put together, they tallied as 
accurately as if the whole had been the work oi 
one artist, 4 has been thought to support the Egyp- 
tian tradition that these artists were greatly assisted 
in the exercise of their art by what they had learned 
in Egypt. But, in the first place, the whole story 
has a very fabulous appearance; and even admit- 
ting that the artists, as the Egyptians asserted, had 
actually been in their country, nobody will on this 
ground maintain that they learned their art there : 
the utmost they could have learned might have 
been some mechanical processes ; the art itsei; 
must be vindicated for the Greeks. In the second 
place, Telecles and Theodorus are called by Diodo 
rus sons of Rhcecus ; and Pausanias himself, whe 
was unable to discover a bronze work of Theodo- 
rus, saw at Ephesus a bronze statue which was the 
work of Rhcecus. 5 Hence we have reason to sup- 
pose that Telecles and Theodorus learned, at any 
rate, the art of casting metal from their father, and 
not in a foreign country. Respecting the various 
accounts of these two artists, and the time at which 
they lived, see Pliny, 6 Herodotus, and Pausanias. 
Pliny 7 says that Pasiteles called the art of model- 
ling clay the mother of the art of casting figures in 
metal (statuaria), and this passage has been ex- 
plained as if Pasiteles meant to say that in Samos 
the former of these arts had given rise to the latter. 
But this is manifestly wrong ; for, from the words 
which follow in the text of Pliny, it is clear that the 
meaning is, that he never executed any work ic 
metal, marble, &c, wthou' ymviousty mtikrog a 
mode 5 m clay 

Statues of gods in ridded as?, tJiongn m general 
more used for domestic and ppvate thai? r oj public 
worship, continued to be made us before. Many 
specimens of small dimensions and of very rude 
workmanship have been discovered in Attic graves. u 
Ornaments and reliefs on houses, porticoes, and 
temples, were likewise very commonly made of 
clay, especially at Corinth and in the Ceramicus. 9 

Representations of the gods in marble are not 
mentioned m Homer, although they may have exist- 
ed in his time as well as statues of wood, which are 



1. (Strab.. viii.. p. 353, 378 —Phot am) Suid., s <r. Kw+tAi- 
5u)v.)~ 2. (vi.. 19, « 2.;— 3 (Hei-nd i.. 25 )— 4. (Duxior.. i., 98 i 
— 5- ix.. 38, o 3.) -ti ( H N txxv.. 53 • - 7 (Pliny, H N. 
xzxv., 55.)— 8 l\hd. S<rhoi ad .-insfoph . A» 436V--<1 (Paur 
i., 2. 4 . i .3. I / 



STATUAKK. 



SlATUAR*. 



likewise not expressly mentioned. Marble is found 
in the ancient Thesaurus of Orchomenos. Pliny 1 
calculates that works ir. marble w T ere executed by 
Malas in Chios at the beginning of the olympiads ; 
and about 01. 50 (580 B.C.) Dipcenus and Scyllis 
were renowned for their works in marble. The 
most ancient specimen of a marble statue was seen 
by Pausanias 2 in the market-place of Megara. The 
work consisted of two figures, Corcebus killing 
Poene. There are still extant some works in mar- 
ble which may with certainty be ascribed to the pe- 
riod previous to 01. 50. 

Before we conclude our account of the works 
produced during this period, we have to mention 
the celebrated chest of Cypselus at Olympia, which 
Pausanias saw and described. 3 It belonged, per- 
haps, to the year 733 B.C. The chest was made 
of cedar-wood, which was thought most durable. 
It was adorned on its four sides and on the cover 
with figures, partly in ivory, partly in gold, and 
partly in the cedar- wood itself, which represented 
various scenes taken from the stories of the heroic 
ages. Pausanias does not express his opinion as 
to their artistic merits, but the minuteness with 
which he describes them is a sufficient proof that 
he did not consider them as bad either in design or 
execution. Quatremere de Quincy has attempted 
v in his Jupiter Olympien) to restore this chest and 
its ornaments from the description of Pausanias ; 
but the restoration is so egregiously bad, that an 
aye accustomed to the contemplation of genuine 
works of art shrinks from it in disgust. 

During the whole of this period we scarcely hear 
of any statues except those of the gods ; and al- 
though marble and bronze began to be extensively 
applied, yet wood was much more generally used 
foi representations of the gods. These statues were 
painted (vid. Painting, p. 700), and in most cases 
dressed in the most gorgeous attire. The general 
character of the statues produced in the earlier 
times of this period is, on the whole, the same as 
among other nations at such an early period. The 
style in which they are executed is called the ar- 
chaic or the hieratic style. The figures are stiff 
and clumsy, the countenances have little or no indi- 
viduality, the eyes long and small, and the outer 
angles turned a little upward ; the mouth, which is 
likewise drawn upward at the two corners, has a 
smiling appearance. The hair is carefully worked, 
but has a stifT, wiry appearance, and hangs gener- 
ally down in straight lines, which are curled at the 
ends. The arms hang down the sides of the body, 
unless the figure carries something in its hands. 
The drapery is likewise stiff, and the folds are very 
symmetrical, and worked with little regard to na- 
ture. As the arts, during this period, were chiefly 
employed in the service of religion, they could, not- 
withstanding the many mechanical discoveries of 
the time, make has slow progress towania the pro- 
ductioit of work*-* of sublimit? or beauty , for m the 
representations oi the gods for pusiie worship, an- 
cient forms, fallowed by time and custom, were re- 
tained, and repeated without the artist being allow- 
ed, even if he was able to do it, to depart from these 
forms, or to introduce any material change. Art, 
therefore, could not make any great progress until 
it was applied to purposes in which the artist's 
genius was not restrained by religious custom, and 
not bound to conventional forms. Religion, al- 
though the fostering mother of the arts in their in- 
fancy, became a tedious restraint when they grew 
up to manbood. But, as soon as other spheres of 
action were opened, religion, in her turn, could not 
-escape from the influence of the advancement of 

i 'II. N , xxxvi., 4, 2 .)— 2. (i., 43, Q 7.)— 3 (iv., 17, 2. &c.) 



the arts, and the old conventional forms in manj 
places gave way to works of real merit and genius 
This great and important change took place pbov 
and after 01. 50. 

II. Second Period, from 01. 50 to 01. 75. 
(580-480 B.C.; 

This period, although comprising no more thasa 
one century, developed all the elements which com- 
bined to make Grecian art what it became during 
the third and most flourishing period of its history. 
Greece now came into close contact with the na- 
tions of the East and with Egypt ; commerce flour- 
ished at Corinth, ^Egina, Samos, Miletus, Phocaea, 
and other places ; gold became more abundant in 
Greece than it had been before, and the tyrants 
who sprang up in several parts of Greece surround- 
ed themselves with splendour and magnificence, 
and acted as the patrons of art to palliate their own 
usurpation. But all these were only external in- 
fluences, and could not have produced a nation of 
artists like the Greeks. Epic poetry had gradually 
created in the minds of the people more defined 
ideas of their gods and heroes, while philosophy 
began to make men look beyond what was conven- 
tional and traditionary. The athletic and orchestic 
arts attained about 01. 50 a high degree of perfec- 
tion, and the circumstance that about the same 
time the gymnastic and athletic contests at the great 
public festivals began to be performed naked, di 
rected the attention of the artists, as well as of the 
public, to nature, and rendered them familiar with 
the beautiful forms of the human body. But the 
imitation of nature was at first of a very hard and 
severe character, and the influence of conventional 
forms still acted in many cases as an obstacle. 

The number of artists who flourished during this 
period is truly astonishing. It has been said that 
the close connexion of father and son among the ar 
tists ceased at this time, and that individual artists 
worked free, and according to the dictates of their 
own genius. But this is going too far, for it still 
continued to be the common practice for a son to be 
instructed by his father ; and although this relation 
is usually expressed by the term fzadnrijc, yet on 
statues we only meet with the term v'toc. But, 
along with these families of artists, schools now be- 
came more general, in which the arts were taught 
and cultivated according to certain principles which 
were or became traditionary in each school ; the 
schools thus acquired something of the spirit of 
castes or corporations. 

The Ionians of Asia Minor and the islanders of 
the JEgean, who had previously been in advance of 
the other Greeks in the exercise of the fine arts, 
had their last flourishing period from 01. 55 to 01. 
63 (560-528 B.C.). But this short period must 
have been one of the greatest as well as one of the 
most active and productive of numerous costly 
works of ars. The presents which Ctcjsus sent to 
Delphi, and some of which were said to have been 
made by the Samian Theodoras, must have bee® 
executed at the beginning of these forty years. 
Our want of information respecting the Ionians 
must be ascribed to the circumstance that we have 
no Pausanias to take us through their cities, and t© 
describe and explain the works of art with which 
they were adorned. It is owing to the same cir- 
cumstance that we know so little of Rhodes, Lem- 
nos, Naxos, and Cyprus, although we may take foi 
granted that these flourishing islands did not by any 
means neglect the arts. Respecting Chios and Sa- 
mos we possess more information. Works in met- 
al were produced in high perfection in the latter 
island, in ^Egina, and Argos, while Chios gained the 
greatest reputation from its possessing the earlies4 

915 



STATUARY. 



MATUAKY. 



gieat school of sculptors in marble, in which Bupa- 
lus and Anthermus were the most distinguished, 
about Olympiad 60. Their works were scattered 
over various parts of Greece, and their value may 
be inferred from the fact that Augustus adorned 
with them the pediment of the Temple of Apollo «n 
the Palatine. 1 These works must be supposed ori- 
ginally to have belonged to a Greek temple of the 
same god, and must certainly have been of superior 
beauty to the works discovered in the island of 
iEgina, otherwise Augustus would not have chosen 
them as ornaments for the Palatine temple. Sicy- 
on also possessed a celebrated school of sculptors 
in marble, and about 01. 50 Dipcenus and Scyllis, 
who had come from Crete, were at the head of it, 
and executed several marble statues of gods. 2 In 
JEtolia., whither they withdrew for a time, and at 
Argos, there likewise existed works in marble by 
these artists. Disciples of them, such as Doryclei- 
das, Medon, and Theocles, were engaged at Sparta 
and in other places. 3 Respecting Magna Graecia 
and Sicily we know few particulars, though it ap- 
pears that the arts here went on improving, and con- 
tinued to be in advance of the mother-country. 
The most celebrated artists in southern Italy were 
Dameas of Croton and Pythagoras of Rhegium. 

In Greece itself, Sicyon continued, from early 
times, to be the seat of a distinguished school of 
artists. Here Canachus and Aristocles flourished 
about 01. 70 as sculptors in metal, though the for- 
mer was also celebrated in the art of carving in 
wood and in toreutic. Pliny* calls Sicyon diu of- 
ficinarum omnium metallorum patria. Canachus, 
whose works Cicero 5 calls more rigid and hard than 
was consistent with the truth of nature, was the 
most distinguished among the Sicyonian artists, and 
his skill found employment in other parts of Italy 
also. His most celebrated work was a colossal 
bronze statue of Apollo Philesius in the Didymaeon, 
the description of which may give us an idea of the 
character of temple-statues at this period. The 
whole figure was stiff, very muscular, and without 
any elegance. In his right hand, which was stretch- 
ed out, the god held a fawn, and in the left, which 
was somewhat lower, a bow. The features of the 
countenance were hard, and worked in the old hi- 
eratic style : the hair was divided, and hung down 
like wire, with little curls at the end. 6 

In JEginft the arts appear likewise to have con- 
tinued to flourish as before, and the most celebrated 
among its artists was Callon, about 01. 66. 7 Ath- 
ens, which at this time rivalled iEgina in the fine 
arts, appears in a short space to have made great 
progress, for great artists, as well as great works, 
begin now to appear in the pages of Athenian his- 
tory. This was in part owing to the influence of 
the Pisistratids. After the death of Pisistratus 
himself, the first quadriga of bronze was erected in 
front of the Temple of Pallas. The most celebra- 
ted among the Athenian sculptors were Critias and 
Hegias or Hegesias, both distinguished for their 
works in bronze. The former of them made in 01. 
75 the statues of Harmodius and Aristogiton. 

Argos also distinguished itself, and it is a curious 
circumstance, that the greatest Attic artists with 
whom the third period opens, and who brought the 
Attic art to its culminating point, are not disciples 
of Critias or Hegias, but of the Argive Ageladas 
(about 01. 66), which at once raises this city and 
her other artists, such as Aristomedon, Glaucus, 
Dionysius, and others, to a greater importance than 
we might otherwise be inclined to attribute to them. 

Among the numerous works produced during this 

1. (Plin., II. N., xxxvi., 4.)— 2. (Plin., 1. c.)— 3. (Pans., v., 
17, U ; vi., 19.) — 4. (H. N., xxxvi., 4.) — 5. (Brut., 18.) — 6. 
(Miiller, Archaol., p 04.)— 7. (Paus., iii., 18, ^ 5 ; iv., 14, t> 2.) 
916 



period we shall first mention the representations oi 
the gods (uydXfia-a). In all the statues which were 
made for temples as objects of worship, the hierat- 
ic style was more or less conscientiously retained, 
and it is therefore not in these statues that we have 
to seek for proofs of the progress of art. They 
were, for the most part, as of old, made of wood"; 
and when an old statue was to be replaced by a 
new one, the latter was generally a faithful copy of 
the former. Thus the wooden statue of Demeter 
at Phigalia, with a horse's head, from which drag- 
ons and other monsters sprang forth, and which 
bore a dolphin and a dove in its hands, was imita- 
ted by Onatas in bronze after the wooden figure had 
been burned. 1 The same adherence to ancient 
forms of the gods was also visible in other cases ; 
for when colonies were sent out, the images of the 
gods of the mother-city were, for the most part, 
faithfully copied for the colony, and such copies 
were called dcpiSpv/jiara. 2 The instances of the 
Apollo Philesius and of the Demeter of Onatas 
show that, even in temple- statues, wood began tc 
give way to other and better materials. Besides 
bronze, marble also, ivory, and gold were now ap- 
plied to statues of the gods, and it was not very 
uncommon to form the body of a statue of wood, 
and to make its head, arms, and feet of stone (aKpd- 
2,tdoc), or to cover the whole of such a wooden fig- 
ure with ivory and gold. 3 The latter method, which 
about this time became a distinct and much ad- 
mired branch of statuary, was practised by Dory- 
cleidas, Theocles, Medon, Canachus, Menaechmus, 
and others, and appears to have been introduced by 
Dipcenus and Scyllis. Quatremere de Quincy con- 
sidered this kind of sculpture, which the moderns 
call chryselephantine sculpture, as a part of the 
art which the ancients called toreutic (rcoevTinrj). 
There are few errors more surprising than this, and 
yet the opinion of the French critic has been re- 
peated as if there could be no doubt about it. But, 
although it is easy enough to see that the toreutic 
art is not what he thought, yet it would be difficult 
to say what it was. (Vid. Bronze, p. 177.) 

From the statues of the gods erected for wor- 
ship, we must distinguish those statues which were 
dedicated in temples as dvadrj/uaTa, and which now 
became customary instead of craters, tripods, &c. 
But here, too, the change was not sudden, for the 
statues at first were frequently connected with tri- 
pods and similar ornaments. At Amyclae there 
were tripods made by Callon and Gitiadas, with 
small statues of goddesses under them. 4 In the 
execution of statues to be dedicated as uvadr/fiara, 
even though they were representations of gods, the 
artists were not only not bound to any traditional ot 
conventional forms, but were also, like the poets, 
allowed to make free use of mythological subjects, 
to add, and to omit, or to modify the stories, so as 
to render them more adapted for their artistic pur- 
poses. 

A third class of statues, which were erected du- 
ring this period in great numbers, were those of the 
victors in the great national games, and of other 
distinguished persons (avSpuivreg ). The custom of 
erecting statues of the victors in public appea 5 to 
have commenced about 01. 58 ; 5 but these statues 
soon became extremely 'numerous, and many of 
them were executed by the first artists of the time. 
In some the influence of the hieratic style was vis- 
ible, or were even made in that style, as the statua 
of Mylon by Dameas, 6 Athough these statues were 
generally not portraits, for Pliny 7 states that only 



1. (Paus., viii., 42.)— 2. (Dionys. Hal., ii., 22; viii., 56.— 
Strab., iv., p. 179.)— 3. (Paus., ii., 4, $ 1 ; vi., 25, t> 4, &c. ; ii , 
22, if 6.— Eurip., Troad., 1081.)— 4. (Paus., iii., 18.)— 5. (Pau» , 
vi., 18, (/ 5.) — 6. (Philostr., Apoll. Tyan., iv., 28. — O mpar* 
Paus., iv., 28; vi., 14, <) 2.)— 7. (H. N., iniv , 9.) 



STATUARY 

tnose who had gained ihe victory thrice were al- 
lowed to have iconic statues erected, yet they were 
destined to preserve the memory of the particular 
physical powers and the bodily development of the 
athletes, or even to show the peculiar skill or the 
peculiar stratagems by which an athlete had excelled 
and overcome his adversary, and thus afforded to 
♦he artists numerous opportunities of representing 
figures in a variety of attitudes and actions. 1 Stat- 
ues erected in public, or dedicated in temples in 
honour of other distinguished persons, are men- 
tioned very rarely during this period, but they ap- 
pear generally to have been portraits (eluopeg, statues 
iconica). The earliest statues of this kind we know 
of are those of Cleobis and Biton of Argos, which 
were dedicated in the Temple of Delphi about 01. 50. 2 
The first iconic statues of Harmodius and Aristogi- 
ton were made by Antenor in 509 B.C., and in 477 
B.C. new statues of the same persons were made by 
Critias. It is allowed on all hands that nothing 
contributed more to the advancement of statuary 
than the contests at the public games, as they not 
only rendered the artists familiar with the greatest 
variety of attitudes, and with the most beautifully 
developed forms of the bodies of the athletes, but 
also afforded to them numerous opportunities to 
represent in their works those same persons and at- 
titudes which they had seen and admired. The wi- 
dest field for study and exercise was thus opened to 
the artists. 

We have seen that, at a very early period of Gre- 
cian art, attempts were made to adorn the outside 
of temples and other public buildings, but it was 
not till the period we are now describing that it be- 
came customary to adorn the pediments, friezes, 
&c, of temples with reliefs or groups of statues of 
marble. We still possess two great works of this 
kind, which are sufficient to show their general 
character during this period. 1. The Selinuntine 
Marbles, or the metopes of two temples on the 
acropolis of Selinus in Sicily, which were discover- 
ed in 1823 by W. Harris and Sam. Angell, and are 
at present in the Museum of Palermo. Those be- 
longing to the western temple appear to have been 
made at the beginning of this period, as they show 
a very great resemblance to the works in the hie- 
ratic style. The figures of the other or middle tem- 
ple show indeed a considerable advancement of the 
art, but the execution is still hard and stiff; they 
may have possibly been executed a short time be- 
fore 01. 75. 3 2. The JEginetan Marbles were dis- 
covered in 1812, in the island of iEgina, and are 
now at Munich in the collection of the King of Ba- 
varia. They consisted of eleven statues, which 
adorned two pediments of a temple of Athena, and 
represent the goddess leading the iEacids against 
Troy, and contain manifest allusions to the war of 
the Greeks with the Persians. Many small holes 
in the marble render it probable that originally sev- 
eral parts of these statues, perhaps the armour, 
were of bronze, and fixed to them with nails. The 
general character of these JEginetan statues is a mix- 
ture of the archaic style and an anxious imitation 
o' nature. The hair is wiry, and traces of paint 
are visible on all parts of the statues with the ex- 
ception of those representing the flesh.* 

Besides these, a great number of works in bronze 
and marble of this period are still extant ; they are 
partly round figures or statues, and partly reliefs. 6 
Some of the best specimens in marble relief, which 
seem to form the transition from this to the third 

1. (Paus., vi., 10, t> 1 ; viii.,40.— Schol. ad Pind., 01., vii., init. 
— Xer.., Mem., iii., 10, I) 0.)— 2. (Herod., i., 31.)— 3. (Vid. S. 
Angell and Th. Evans, Sculptured Metopes discovered among 
the Rnins of Selinus, Lond., 1626.)— 4. [Vid. Edw. Lvon, Out- 
line* of the Egiua Marbles, 1S29. >— 5 (Muller Arch&ol., p. 73, 



STATUARY. 

period, are preserved in the British Miseum 1 1 
is not always easy to say whether a work made in 
the archaic style is really as old as the style indi 
cates, as this style was never entirely abandoned, 
and was retained in temple-statues even under the 
Roman emperors. 

III. Third Period, from 01. 75 to 01. 111. 
(480-336 B.C.) 

During this period Athens was the centre of the 
fine arts in Greece. The Persian wars awakened 
in the hearts of the people the feeling and the con- 
viction of their own power, and the Greeks, who 
had at first only warded off the attacks of the bar- 
barians, now felt strong enough to act on the offen- 
sive. The fall of the Spartan Pausanias raised 
Athens in 472 B.C. to the supremacy in the wars 
against Persia. Athens had now acquired a pow- 
erful navy, and the tributes of the allies, which 
amounted at different times from 460 to 1200 tal- 
ents, and which, from 462 B.C., were deposited in 
the treasury at Athens, raised the city to a height 
of power such as few cities have ever possessed. 
Only a small portion of these treasures were spent 
upon war ; the rest was applied at first to the forti- 
fication of the city, and afterward to the building of 
temples, porticoes, theatres, gymnasia, &c. Among 
them we need only mention the Theseum, the Par- 
thenon, the Propylaea, the stone theatre, the Pcecile, 
and the Odeum. After the wars w T ith Persia, 
Athens appears by no means exhausted or broken 
down, but refreshed and strengthened, like nature 
after a heavy storm. 

Statuary during this period went hand in hand 
with the other arts and witli literature : it became 
emancipated from its ancient fetters, from the stiff- 
ness and conventional forms of former times. The 
free and noble spirit of the Athenian democracy 
showed its influence in all departments of literature 
and art, and among the latter statuary reached its 
culminating point in the sublime and mighty works 
of Phidias. The democratical spirit did not, how- 
ever, lead to any kind of extravagance in the arts : 
no vehement passions or actions were represented ; 
and although the character of those which belong 
to the latter half of this period differs very much 
from those of the former half, yet, on the whole, all 
show a calm dignity and an almost passionless tran- 
quillity of mind, a feature so peculiar to all the great 
masterworks of Grecian art. The Peloponnesian 
war, and the calamities which accompanied it, pro- 
duced a change in the state of things ; a new gen- 
eration now stepped into the place of the heroic 
race which had partaken in or witnessed the mem- 
orable events of the Persian war. Sensuality and 
an indulgence of the passions became the prominent 
features in the character of the Athenian people ; 
and the prevailing desire after pleasures and strong 
excitements could not fail to produce an injurious 
influence upon the arts also. In the works of art 
which were produced after the year 380 B.C., there 
was no longer that calm and sublime majesty which 
characterized the works of Phidias and his more 
immediate followers, but the figures were more pa- 
thetic, and calculated to have a greater effect upon 
the senses of the beholders. The different stages 
of the arts during this period bears the most striking 
analogy with the three phases of tragedy, as they 
lie before us in the works ol the three great drama- 
tists, ^Eschylus, Sophocles, and Euripides. 

Argos was, next to Athens, the most distinguish- 
ed seat of the arts during this period, and the works 
of the Athenian and Argive artists spread over all 
Greece, and became the models for other Greek 
artists. 

1. ( Vid. Combe, Marblss of the Brit. Museum, ii., pi 6 and 7, 
Specimens of Anc. Sculpture, pi. 11.) 

917 



STATUARY. 



STATUARY 



1 he development of statuary at Athens and Ar- 
gos had been prepared by Calamis of Athens and 
Pythagoras of Rhegium, the former of whom, al- 
though not quite free from the hardness of the ear- 
lier style, yet produced a great variety of works, 
among which are mentioned representations of gods 
in a sublime style, graceful statues of women, and 
spirited horses, in which he was unrivalled. 1 Py- 
thagoras was distinguished for the perfection with 
which he expressed the muscles, veins, and hair 
in his athletic statues, for the beautiful proportions 
and the powerful expression of these statues, which, 
as Pliny says, made the beholders feel the pains 
whidi the individuals represented were suffering. 2 
Several of his works are specified by Pausanias and 
Pliny. The career of Phidias the Athenian begins 
about 01. 82. The genius of this artist was so great 
and so generally recognised, that all the great works 
which were executed in the age of Pericles were 
placed under his direction, and thus the whole host 
of artists who were at that time assembled at Ath- 
ens were engaged in working out his designs and 
ideas. 3 He himself was chiefly engaged in execu- 
ting the colossal works in ivory and gold, the ex- 
penses of which were supplied by the Greek states 
with the greatest liberality, and other works in 
bronze and marble. The first among these works 
is the statue of Pallas Parthenos (made about 01. 
83, 3), of ivory and gold. The statue was twenty- 
six cubits in height, and represented the goddess 
in a long robe and in armour. She made the im- 
pression of a most majestic and victorious being. 
A description of the statue is given by Pausanias. 4 
It was frequently imitated in antiquity in marble 
statues and upon coins, and from these imitations, 
and the descriptions we possess of it, Quatremere de 
Quincy 5 has made a very unsuccessful attempt at 
restoring the original statue. The robe which Pal- 
las wore was of gold, forty-four talents in weight, 
vnough its thickness was not much above a line. 6 
The gold was taken off and used for other purposes 
in the time of Demetrius Poliorcetes. The style of 
this was, like that of all the works of Phidias, ex- 
tremely simple, yet grand and sublime ; the helmet, 
shield, and the pedestal were beautifully adorned 
with scenes belonging to the story of Attica. A 
second work of Phidias, which was still more ad- 
mired, was the statue of the Olympian Zeus (made 
in 01. 86), who was represented sitting upon a -&po- 
vog. The statue was, like that of Pallas, made of 
ivory and gold, and, without the pedestal, forty feet 
high. The great richness with which the throne, 
sceptre, and the pedestal of this simple but majestic 
representation of the father of the gods were adorn- 
ed, the profound wisdom in the proportions of the 
colossal work, and the sublime idea which the artist 
had formed and here imbodied of the majesty of 
Zeus, made this statue one of the wonders of the 
ancient world. The idea of Zeus is said to have 
been suggested to Phidias by the celebrated verses 
of Homer, 7 and the impression which the god in this 
work made upon the beholder was that of a god ru- 
ling in omnipotence, and yet graciously inclined to 
listen to the prayers of man, and to grant his wishes. 8 
The statue of the Olympian Zeus existed till A.D. 
475, when it was destroyed in a fire at Constanti- 
nople, whither it had been transported by the Em- 
peror Theodosius I. The most colossal statue of 
Phidias was his Athena Promachos, of bronze, 

1. (Plin., H. N., xxxiv., 19, f) 11.— Quintil., xii., 10, $ 7.— Cic, 
Brut., 18.— Lucian, Imag., 6.)— 2. (Plin., H. N., xxxiv., 19, i) 4. 
— Paus., vi., 6, H ; 13, $ 4.)— 3. (Plut., Pericl., 12.)— 4. (i., 24, 
(f 5, &c. — Compare Plin., H. N., xxxvi., 4, I) 4.) — 5. (Monum. et 
Ouvrasr. d'Art, Ant. restitu6s, i., p- 63.) — 6. (Thucyd., ii., 13, 
with the comment.)— 7. (II., i., 528, &c.)— 8. (Vid. the descrip- 
tion of Pausanias, v., 11. — Compare Liv., xlv., 28. — Quintii., xii., 
10, <j 9. — Quatremere de Quincy, Jup. Olymp., ii., 11. — Flax- 
ms'.i, Leer., on Scalp., pi. 19 and 20.) 

918 



which was fifty feet high without taking the pedes- 
tal into account. 1 It stood on the Acropolis, be- 
tween the Parthenon and the Propylasa, rising above 
each of these buildings, so that it was seen at a dis- 
tance by the sailors when they approached the coast 
of Attica. This work, however, was not completed 
when he died, and it was finished nearly a genera- 
tion later by Mys. 2 Phidias was greatest in the 
representation of the gods, and especially in portray- 
ing the character of Athena, which he represented 
with various modifications, sometimes as a warlike 
goddess, and sometimes as the mild and gracefuJ 
protectress of the arts. 3 

We do not read of many disciples of Phidias, but 
the most distinguished among them were Agorac- 
ritus of Samos and Alcamenes of Athens. Both, 
though the latter with greater independence, applied 
their skill, like their master, to statues of the gods ; 
both were especially renowned for the great beauty, 
softness, and calm majesty with which they repre- 
sented goddesses, in the composition of which they 
rivalled each other. Some of the statues of Alcam- 
enes were very highly valued in antiquity, espe- 
cially his Hecate, Athena, Aphrodite in the gardens, 
Hephaestus, and also the groups in the pediment ol 
the temple at Olympia. The most celebrated stat- 
ue of Agoracritus was the Nemesis of Rhamnus, 
which had originally been intended as an Aphrodite 
to compete with that of Alcamenes, but was after- 
ward, by the addition of proper attributes, consecra- 
ted as a Nemesis at Rhamnus. 

We still possess a series of sculptured works in 
marble which were made by the school of Phidias, 
and some of them undoubtedly by the great master 
himself. These works are : 

1. Some parts of the eighteen sculptured metopes, 
together with the frieze of the small sides of the 
cella of the Temple of Theseus. Ten of the metopes 
represent the exploits of Heracles, and the eight 
others those of Theseus. The figures in the frieze 
are manifestly gods, but their meaning is uncertain. 
All the figures are full of life and activity, and work- 
ed in the sublime style of the- school of Phidias. 
Some antiquarians value them even higher than the 
sculptures of the Parthenon. Casts of these figures 
are in the British Museum. 4 

2. A considerable number of the metopes of the 
Parthenon, which are all adorned with reliefs in mar- 
ble, a great part of the frieze of the cella, some co- 
lossal figures, and a number of fragments of the two 
pediments of this temple. The greater part of these 
works are now in the British Museum, where they 
are collected under the name of the Elgin Marbles. 
They have been described and commented upon so 
often, that they require no farther mention here. 5 
The best work, so far as the explanation of these 
sculptures is concerned, is Brondsted's Reisen, 
vol. ii. 

3. The marble reliefs of the Temple of Nike Ap- 
teros belong, indeed, to a later age than that of 
Phidias, but they are manifestly made in the spirit 
of his school. They represent, with great liveli- 
ness and energy, contests of Greeks with Persians, 
and of Greeks among themselves. These also are 
at present in the British Museum. 

All these sculptures breathe, on the whole, the 
same sublime spirit, though it would seem that 
some, especially some figures of the metopes of the 
Parthenon, were executed by artists who had not 
emancipated themselves entirely from the influence 
of an earlier age. With this exception and some 
other slight defects, which are probably the conse- 



1. (Strab., vi., p. 278.)— 2. (Paus., i., 28, t> 2.) — 3 (Plin., H 
N., xxxiv., 19, t> 1.— Paus., i., 28, t> 2. — Luciai., Imag., 6.)— 4 
(Compare Stuart, Ant., iii., c. 1.)— 5. ( Vid. Memorandum on the 
subject of the Earl of Elgin's pursuits in Greece, 2d ed., 1815 •- 
Cockerell, Marbles of the Brit. Mus., p. vi.". 



STATUARY. 



STATUARY. 



"uiences of the place which the sculptures >ocupied 
in the temples they adorned, we find everywhere a 
truth in the imitation of nature, which, without sup- 
pressing or omitting anything that is essential, and 
without any forced attempt to go beyond nature, 
produces the purest and sublimest beauty : these 
works show lively movements combined with calm- 
ness and ease, a natural dignity and grace united 
with unaffected simplicity; no striving after effect, 
or excitement of the passions. These sculptures 
ilnne afford us ample means to justify the ancient 
critics, who state that the /neyaXelov and vefivov, or 
the grand and the sublime, were the characteristic 
features of Phidias and his school. 1 Phidias was 
the^schylus of statuary, and it may be safely assert- 
ed that, although the art subsequently made certain 
progress in the execution of details, yet Phidias and 
his school were never excelled by subsequent gen- 
erations. 

Besides the sculptures of the three temples men- 
tioned above, there are also similar ornaments of 
other temples extant, which show the influence 
which the school of Phidias must have exercised in 
various parts of Greece, though they are executed 
in a different style. Of these we need only mention 
two as the most important. 

1. The Phigalian marbles, which belonged to the 
Temple of Apollo Epicurius, built about Olympiad 86 
by Ictinus. They were discovered in 1812, and 
consist of twenty-three plates of marble belonging 
to the inner frieze of the cella. They are now in 
the British Museum. The subjects represented in 
them are fights with Centaurs and Amazons, and one 
plate shows Apollo and Artemis drawn in a chariot 
by stags. Many of the attitudes of the figures ap- 
pear to be repetitions of those see.i on the Attic 
temples ; but there are, at the same time, great dif- 
ferences, for the Phigalian marbles sometimes show 
a boldness of design which almost borders on ex- 
travagance, while some figures are incorrectly drawn 
and in forced attitudes. The best descriptions of 
them are those in Bassi relievi della Grecia, disegn. 
da G. M. Wagner (1814), and in Stackelberg's Apol- 
lotempel zu Basscz in Arcadien u. die daselbst ausge- 
grab. Bildwerke, 1828. 

2. Marbles of the Temple of the Olympian Zeus, 
which were made by Paeoinus of Mende and Al- 
camenes of Athens. 2 Several fragments of these 
sculptures were discovered in 1829, and are at 
present at Paris. 3 The figures of these marbles 
are indeed free from the fetters of the ancient 
style, and show a true imitation of nature, but do 
not nearly come up to the ideal simplicity of the 
works of Phidias. 

About the same time that the Attic school rose 
to its highest perfection under Phidias, the school 
of Argos was likewise raised to its summit by Poly- 
cletus, who was inferior to the former in his statues 
of gods, 4 though he advanced the toreutic art in his 
colossal statue of Hera at Argos farther than Phidi- 
as. 5 But the art of making bronze statues of athle- 
tes was carried by him to the greatest perfection : 
ideal youthful and manly beauty was the sphere in 
which he excelled. Among his statues of gods we 
only know two, that of Hera and another of Hermes. 
Pliny mentions several of his representations of hu- 
man beings, in which, without neglecting to give 
them individuality, he made youthful figures in their 
purest beauty, and with the most accurate propor- 
tions of the several parts of the human body.' One, 
of these statues, a youthful doryphorus, was made 
with such accurate observation of the proportions 

1. (Demetr., De Eloc., 14. —Dion. Hal., De Isocrat., p. 542.) 
—2. (Paus., v., 16.)— 3. (Exp6dit. Scientif. de la Moree, pi. 74- 
7(5.;— 4 (Quinctil., xii., 10, 6 7, &c— Cic, Brut., 18.)— 5 (Plin., 
H N ixxiv., 19, t> 2.)— 6. (Id., 1. c— Compare Strab., viii., p. I 
J72.) 



of the parts of tie body, that it was looked upon b/ 
the ancient artists as a canon of rules on this point. 1 
Polycletus is said to have written a work on the 
same subject, and it may be that his doryphorus 
was intended to give a practical specimen of the 
rules he had laid down in his treatise. He gained 
a victory over Phidias in the representation of an 
Amazon, which must, consequently, have been a 
figure in the greatest luxuriance of female beauty 
combined with a manly character. 2 Polycletus was 
also distinguished in portrait-statues, among which 
that of Artemon Periphoretus, a mechanician of the 
time of Pericles, is mentioned with especial praise. 

Myron of Eleutherae, about Olympiad 87, was, like 
Polycletus, a disciple of Ageladas, but adhered to a 
closer imitation of nature than Polycletus, and, as 
far as the impression upon the senses was concern- 
ed, his works were most pleasing ; but " animi sen- 
sus non cxpressit" says Pliny. 3 The cow of Myron 
in bronze was celebrated in all antiquity.* Pliny 
mentions a considerable number of his works, among 
which a dog, a discobolus, pentathh, and pancrati- 
asts were most celebrated ; the last of them were 
especially distinguished for their eurythmia, and the 
animation displayed in their movements, as well as 
for the most beautiful athletic attitudes. Among 
his statues of gods we find only mention of a colos- 
sal group representing Heracles, Zeus, and Athena, 
which he made for the Samians. 5 In his execution 
of the hair, he adhered, according to Pliny, to the 
ancient style. 

The deviation from the sublime ideality of the 
Attic school of Phidias was still more manifest in 
the works of Callimachus and Demetrius. The for- 
mer executed his statues with the utmost possible 
accuracy and attention to the minutest details, but 
was careless in the conception as w ? ell as in the ex- 
ecution of the whole, which destroyed the value of 
his works, whence he was designated by the nick- 
name of Kararri^LTtxvoq. Quinctilian 6 says of him, 
"nimius in veritate.'"'' On the whole, it should be 
observed, that near the end of the Peloponnesian 
war, and afterward, the greater part of the artists 
continued to work in the spirit and style of Polycle- 
tus, and that the principal productions in Pelopon- 
nesus were bronze statues of athletes, and statues 
erected in honour of other distinguished persons. 8 

The change which took place after the Pelopon- 
nesian war in the public mind at Athens could not 
fail to show its influence upon the arts also ; and 
the school of statuary, which had gradually become 
developed, was as different from that of Phidias as 
the then existing state of feeling at Athens was 
from that which had grown out of the wars with 
Persia. It was especially Scopas of Paros and 
Praxiteles of Athens, about one generation after 
Myron and Polycletus, who gave the reflex of their 
time in their productions. Their works expressed 
the softer feelings, and an excited state of mind, 
such as would make a strong impression upon, and 
captivate the senses of the beholders. But the 
chief masters of this new school still had the wis- 
dom to combine these things, which were command- 
ed by the spirit of the age, with a noble and sublime 
conception of the ideas which they imbodied in 
their works. Scopas and Praxiteles were both dis- 
tinguished as sculptors in marble, and both w r orked 
in the same style ; the legendary circles to which 
most of their ideal productions belong are those 
of Dionysus and Aphrodite, which also show the 

1. (Cic, Brut., 86 ; Orat., 2.— Quinctil., v., 12, t) 21.— Lucian, 
De Saltat., 75.) — 2. (Miiller, Archflol., p. 109.) — 3. (H. N., 
xxxiv., 19, t> 3.) — 4. (Tzetzes, Chil., viii., 194, &c — Propert , 
ii., 31, 7.) — 5. (Plin., 1. c— Cic, c Verr., iv., 3. — Strab., xi?., 
p. 637.) — 6. (xii., 10, <> 9.) — 7. (Compare Lucian, Phil., 18.^ 

Pli-... Epist 6.)— 8. (Pans., x., 9. * 4 ; vi., 2, M —Pint. 

Lysauii., 1, lo— Df Orao. Pyth., '2.) 

919 



STATUARY. 



STATUARY" 



character of the age. There was a time when this 
school of statuary was considered superior even to 
that of Phidias, and it is indeed true that its pro- 
ductions are distinguished by exquisite beauty and 
gracefulness, whence their female statues in partic- 
ular are, in one sense, unrivalled ; but the effect 
they produced upon the minds of the beholders was 
by no means of the same pure and elevating nature 
as that of the works of their predecessors. Pliny 1 
mentions a number of works of Scopas, some of 
which he himself saw at Rome. Among them were 
Aphrodite, Pothos, Phaethon, Apollo, a sitting Deme- 
ter, Poseidon, Thetis, Achilles, the Nereids riding 
on dolphins, and a number of other marine deities. 3 
Whether the celebrated group of Niobe and her 
children, which in the time of Pliny stood in a Tem- 
ple of Apollo at Rome, was the work of Scopas or 
Praxiteles, was a matter of doubt among the an- 
cients themselves. This group was discovered in 
1583, near the Porta S. Giovanni at Rome, and the 
greater number of its fragments is at present in the 
museum of Florence, but some figures are in other 
museums ; Munich possesses the finest head of all 
the Niobids. It has been the subject of much dis- 
cussion whether the group discovered in 1583 is the 
original work of Scopas or Praxiteles, or only a 
copy ; buti although the latter is by far the more 
probable opinion, these remains are the most beau- 
tiful relics of ancient art ; the mother Niobe herself, 
especially, is unrivalled. 3 The works of Praxiteles 
were of the same character as those of Scopas. 
The transition in all departments of the arts, from 
the ancient simplicity to the representation of sub- 
jects exciting sensual desires and appetites, was 
exceedingly slow and gradual ; and thus, although 
in the works of Praxiteles youthful and female 
beauty appears naked, and clothed with all the 
charms that art can bestow, and although many of 
his figures were represented in actions and situa- 
tions peculiar to the worship of Dionysus, yet we 
cannot say that they displayed any kind of sensual- 
ity. His most celebrated works were : 1. Figures 
of Dionysus, Satyrs, and Masnades.* 2. Statues of 
Eros for various parts of Greece. 5 3. Statues of 
Aphrodite. The most celebrated among these were 
the Aphrodite of Cos (velata specie 6 ), and, above all, 
the naked Aphrodite of Cnidus, which stood in a 
chapel built expressly for the purpose, and open on 
all sides. This statue was of such extraordinary 
beauty, that, as Pliny states, many persons sailed 
to Cnidus merely for the purpose of seeing it. 7 
Some critics have asserted that the Venus known 
under the name of the Medicean is the Cnidian Ve- 
nus of Praxiteles, or a copy of it, but Visconti has 
clearly proved that this is impossible. There is 
much more sensuality in the Medicean Venus than 
we have any reason to suppose existed in that of 
Cnidus. Praxiteles had also great reputation for 
his statues of the most beautiful hetagrae, and it is 
said that he took the most charming among them as 
models for his representations of Aphrodite. There 
was also a statue of Praxiteles representing Apollo, 
surnamed Sauroctonos, or the lizard-killer, which 
had great reputation in antiquity, 8 

Cephissodorus and Timarchus were sons of Prax- 
iteles. There were several works of the former at 
Rome in the time of Pliny : he made his art sub- 
servient to passions and sensual desires. Pliny 9 
mentions among his works a celebrated Symplegma 
at Pergamus, which is the first instance of this kind 

1. (H. N., xxxvi., 4, ^ 7.)— 2. (Compare Paus., i., 43, t> 6 ; vi., 
25, (> 2.)— 3. (Vid. Galeria di Firenze, Stat., p. i., 4, 1, &c)— 4. 
(Paus., vi., 26, v 1.— PJin., H. N., xxxiv., 19, t> 10 ; xxxvi., 4, ^ 5. 
— Paus., i., 20, $ 1 ; 43, I) 5 — Athen., xiii., p. 591.) — 5. (Plin., 
11. N., 1. c. — I-'ieian. Amor., II. 17. — Paus., ix., 27. — Cic,. c. 
Vorr., iv., 2.)— 6. (Plin., 1. c.)— 7. (Compare Luoian, Amor., 13 ; 
anag., (').)— 8 (Miillcr, Arch., u. 12U-9 (H. N., xxxn., 4, $ 6.) 
920 



that we hear of in Grecian art. A similar spirit 
pervaded the works of Leochares (a Ganymedes 
carried by an eagle up to Zeus), of Polycles, who 
was the first that made the voluptuous statues of 
Hermaphroditus, and of Silanion, who made a dying 
Jocaste. 1 Leochares also made a number of po r - 
ti ait-statues in ivory and gold, of members of the 
royal family of Macedonia, and of other persons.* 
Such portrait-statues about this time began to give 
much occupation to the artists. About the year 350 
B.C., several of the greatest artists of the age, such 
as Scopas, Leochares, Timotheus, and Bryaxis, were 
engaged in Caria in making the magnificent mauso- 
leum of Mausolus, a general description of which is 
given by Pliny. 3 

Most of the above-mentioned artists, however 
widely their works differed <ro:n those of the school 
of Phidias, may yet be regaurd^d as having only con- 
tinued and developed its ^/incip^s of art in a cer- 
tain direction ; but towaHs the end of this period 
Euphranor and Lysippus of Sicyon carried out the 
principles of the A'rgive school of Polycletus.* Their 
principal object was to represent the highest possi- 
ble degree of physical beauty, and of athletic and 
heroic power. Lysippus was the greater of the 
two : he was one of the most fruitful artists that 
have ever lived, for he is said to have made no less 
than 1500 figures. Among the heroes Heracles ap- 
pears to have been a favourite subject of Lysippus, 
for he made several statues of him, representing him 
in various situations, 5 and his figures of this hero 
served as types for subsequent artists. We still 
possess some representations of Heracles which 
are considered to be imitations of his works. The 
most celebrated among his portrait- statues were 
those of Alexander the Great. 6 The chief charac- 
teristic of Lysippus and his school is a close imita- 
tion of nature, which even contrived to represent 
bodily defects in some interesting manner ; its ten- 
dency is entirely realistic. The ideal statues of 
former times disappear more and more, and make 
way for mere portraits. Lysippus, it is true, made 
statues of gods, but they did not properly belong to 
his sphere ; he merely executed them because he 
had received orders which he could not well refuse. 
His greatest care was bestowed upon the execution 
of the details (argutice operum), upon the correct pro- 
portions of the parts of the human body, and upon 
making portrait-statues slender and tall above the 
common standard. In short, all the features which 
characterize the next period appear in the school of 
Lysippus. 

IV. Fourth Period, from Ol. Ill lo 01. 158. 
(336-146 B.C.) 

Within a few generations Grecian art had passed 
through the various stages of development, and 
each of them had produced such an abundance of 
masterpieces, that it was difficult for a new genera- 
tion of artists to produce new and original works. 
Hence the periods which followed could not do 
much more than imitate, and their productions are 
better or worse in proportion as they were founded 
upon the study of earlier works or not. But even 
this period of eclecticism has nevertheless produced 
statues and groups worthy of the highest admira- 
tion, and which can be placed by the side of the 
best works of antiquity. The very slow decay of 
the arts, in comparison with the rapid decline of 
literature, is indeed a strange phenomenon. 

During the first fifty years of this period, the 
schools of Praxiteles and that of Sicyon continued 

1. (Plin., H. N., xxxiv.. 19, <> 17 and 20. — Pint., De Aud 
Poet., 3.— Symp., v., 1.)— 2. (Paus , v., 20.)— 3 (II. N., xxxvi., 
4, ^ 9.)— 4. (Cic, Brut., 86 ) — 5. (Muller, Arch., p 124.)— 6 
(Pint., De Isid., 24.— Ue Ale-, vi.-'.., ii., 2.--iev., 4.— P'-n., H. 
N., xxxiv.. 19. o <« > 



S1ATUARY. 



STATUARY 



to flourish, especially in works of bronze ; but after 
this time bronze statues were seldom made until the 
art was carried on with new vigour at Athens about 
the end of the period. The school of Lysippus 
gave lise to that of Rhodes, where his disciple 
Chares formed the most celebrated among the hun- 
dred colossal statues of the sun. It was seventy 
cubits high, and partly of metal. It stood near the 
harbour, and was thrown down by an earthquake 
about 225 B.C. 1 Antiquarians assign to this part 
of the fourth period several very beautiful works 
still extant, as the magnificent group of Laocoon 
and his sons, which was discovered in 1506 near 
the baths of Titus, and is at present at Rome. This 
is, next to Niobe, the most beautiful among the ex- 
tant works of ancient art ; it was, according to 
Pliny, the work of three Rhodian artists : Agesan- 
der, Polydorus, and Athenodorus.' The celebrated 
Farnesian bull is likewise the work of two Rhodian 
artists, Apollonius and Tauriscus. 3 

In the various kingdoms which arose out of the 
conquests of Alexander, the arts were more or less 
cultivated, and not only were the great master- 
works of former times copied to adorn the new 
capitals, but new schools of artists sprang up in 
several of them. Alexandrea, Pergamus, and Se- 
leucia rivalled each other in art no less than in 
literature. At Pergamus the celebrated groups 
were composed which represented the victories of 
Attalus and Eumenes over the Gauls.* It is be- 
lieved by some 5 that the so-called dying gladiator 
at Rome is a statue of a Gaul, which originally be- 
longed to one of these groups. Ephesus also had 
a flourishing school of art, which appears to have 
followed, in the main, the style of Lysippus, and 
excelled, like that of Pergamus, in the representa- 
tion of battle scenes. The Borghese fighter in the 
Louvre is supposed to be the work of an Ephesian 
Agasias, and to have originally formed a part of 
such a battle scene. In Syria, too, art flourished 
at Antiochia until the time of Antiochus IV., before 
whose reign a number of statues had already been 
carried away by Scipio. 

In these new monarchies statues of the gods 
were seldom made, and when they were executed, 
they were, in most cases, copies from earlier works, 
as the character in which the gods were represented 
had gradually become fixed, and few artists ventured 
to alter the forms, which had become typical. Por- 
trait-statues of kings increased, on the other hand, 
to a great extent. The vanity of the kings and the 
flattery of the artists created a new kind of statues: 
the princes were frequently identified with certain 
deities, and were consequently represented as such, 
with all the requisite attributes. In many cases 
the mere bust of a king was put upon the body of a 
statue of a god. This was a most dangerous rock 
for artists ; for the simple representation of a king 
in the shape of a god, which commenced as early 
as the time of Alexander, was soon thought an in- 
sufficient mark of veneration, and art degenerated 
into a mere instrument of the most vulgar flattery : 
pomp, and show, and tasteless ornaments were mis- 
taken for art. Flattery towards the great was also 
shown in the monstrous number of statues that 
were erected to one and the same individual. De- 
metrius Phalereus had 360, or, according to others, 
1500 statues erected to him.' When the honour 
of a statue ceased to be considered as a high dis- 
tinction, and when it became necessary to produce 



1. (Plin., H. N., xxxiv., 18.— Meursius, Rhodus, i., 16.)— 2. 
'Plin., II. N., xxxvi.. 4, (> 11.— Lessing's Laocoon.)— 3. (Plin., H. 
S., xxxvi., 4, « 10.)— 4. (Id., xxxiv., 19, $ 24.— Paus., i., 25, $ 2. 
— Plut., Anton.. 60.) — 5. (Miiller's Arcliftol., p. 154.) — 6. 
(Athf a., xii., p. 537.— Paus., v.. 24, 1) 3.— Clem. Alex., Protrcpt 
iv., p 16, cd. Sylb.-Dion Chrysost., Orat., 37. p. 122.* 
6 A 



such numbers of statues, the workmanship natural 
ly became worse in proportion as the honour sank 
in public estimation. During this time it became 
customary to combine with the statues of kings and 
generals symbolical representations of towns, wh^ch 
are called rvxat Troheuv. In Magna Graecia a't 
gradually fell into decay after the wars with tht- 
Romans ; and the example of Capua, from which 
all the statues were carried to Rome, affords us an 
instance of the robberies and plunder which were 
committed by the Romans in other towns of Italy 
But even after the Roman conquests, the cultiva 
tion of the plastic arts cannot have ceased altogether, 
as we must infer from the numerous works found 
at Pompeii, some of which possess a higher degree 
of perfection and beauty than might have been ex- 
pected in works of so late a date. In Sicily the 
activity of the artists appears to have ceased aftei 
the Roman conquest, for the numerous works with 
which Syracuse was adorned, and with which we 
are made acquainted by Cicero, 1 mostly belong to 
an earlier period. 

Shortly before the taking of Corinth by Mum- 
mius, statues in bronze and marble were revived at 
Athens ; and, although the artists were far inferioi 
to those of former times, yet they still produced 
works of great excellence, as they showed their 
good sense and taste by making the masterworks 
of their predecessors the subjects of study and imi- 
tation. 8 Among those who contributed most to 
this revival of statuary were Cleomenes (who made 
the Medicean Venus, an imitation of that of Cnidus, 
but inferior in point of taste and delicacy), his son 
Cleomenes (by whom there is a statue in the Lou- 
vre, which shows an exquisite workmanship, but 
little life), Glycon, Apollonius, and others. 

About the close of this period, and for more than 
a century afterward, the Romans, in the conquest 
of the countries where the arts had flourished, made 
it a regular practice to carry away the works of 
art ; and, as they were unable to appreciate their 
value and merit, they acted, in many cases, no bet- 
ter than rude barbarians, regarding the most pre 
cious relics of art in no other light than that of 
chairs and tables, which might be made again at 
pleasure, and at any time. At first these robberies 
were carried on with some moderation, as by Mar- 
cellus at Syracuse and by Fabius Maximus at 
Tarentum, and only with a view to adorn their 
triumphs and the public buildings of Rome. The 
triumphs over Philip, Antiochus, the ^tolians, the 
Gauls in Asia, Perseus, Pseudo-Philip, and, above 
all, the taking of Corinth, and subsequently tho 
victories over Mithradates and Cleopatra, filled thf 
Roman temples and porticoes with the greatest va 
riety of works of art. After the taking of Corinth, 
the Roman generals and governors of provinces be 
gan to show a kind of amateurship in works of art 
which w T as probably more owing to the fashion pre- 
vailing among the Roman grandees than to any rea 
taste or love for the fine arts : they now robbet 
whatever they could to adorn their own residences. 
Sometimes either their avarice or necessity induced 
them to melt down the most precious works with- 
out any regard to artistic worth. The sacrilegious 
plunder of temples, and the carrying away of the sa 
cred statues from the public sanctuaries, which had 
at first been prevented to some extent by the pon- 
tiffs, became afterward a comtnen practice. The 
manner in which Verres acted in Sicily is but one 
of many instances of the extent to which these rob- 
beries were carried on. The emperors, especially 
Augustus, Caligula, and Nero, followed these exam- 
ples, and the immense nurr/oei of statues which, 



1. (c. Verr., iv.)- 



-2. (Php rf. N., xxxiv., 19.) 
921 



STA TUARY. 



STATUARY. 



Gotwithstandir.g all this, remained at Rhodes, Del- 
phi, Athens, and Olympia, is truly astonishing. 1 

Before we proceed to describe the state of statu- 
ary during the last stage, in which Rome was the 
centre of the ancient world, it will be necessary to 
give an outline of the history of statuary among the 
Etruscans and Romans down to the year 146 B.C. 

The Etruscans were, on the whole, an industri- 
ous and enterprising people. Different hypotheses 
have been proposed to account foi the cultivation 
of the arts, in which this nation excelled all others in 
central and northern Italy, as well as for the pecu- 
liar style in some of their productions. Some wri- 
ters think that it was owing to colonies from Lydia, 
which were established at Caere and Tarquinii ; 
others, that the Etruscans themselves were a Pelas- 
gian tribe. W i+h the works of Grecian art they 
must have become acquainted at an early time, 
through their intercourse with the Greeks of south- 
ern Italy ; and their influence upon the art of the 
Etruscans is evident in numerous cases. The East, 
also, appears to have exercised some influence upon 
the Etruscans, as many works of art found in Etru- 
ria contain precisely the same representations as 
those which we find in Asia, especially among the 
Babylonians. However this may have been effect- 
ed, we know for certain that the whole range of the 
fine arts was cultivated by the Etruscans at an 
early period. Statuary in clay (which here supplied 
the place of wood, %6ava, used in Greece) and in 
bronze appears to have acquired a high degree of 
perfection. In 267 B.C., no less than 2000 bronze 
statues are said to have existed at Volsinii, 2 and 
numerous works of Etruscan art are still extant, 
which show great vigour and life, though they do 
not possess a very high degree of beauty. Among 
them we may mention the Chimaera of Arretium (at 
Florence) ; the Capitoline She-wolf, 3 which was 
dedicated in B.C. 296 ; the Minerva of Arezzo (now 
at Florence), and others. Some of their statues 
are worked in a Greek style ; others are of a char- 
acter peculiar to themselves, and entirely different 
from works of Grecian art, being stiff and ugly ; 
others, again, are exaggerated and forced in their 
movements and attitudes, and resemble the figures 
which we meet with in the representations of Asi- 
atic nations. Etruscan utensils of bronze, such as 
candelabra, paterae, cups, thrones, &c., embellished 
with various ornaments and figures, were very 
highly valued in antiquity, and even at Athens at a 
time when the arts were still flourishing there.* 
Their works in stone, especially the alto and basso 
relievos, which are found in considerable numbers 
on chests containing the ashes of the dead, are, 
with few exceptions, of very inferior merit. 

The Romans, previously to the time of the first 
Tarquin, are said to have had no images of the 
gods, and for a long time afterward their statues 
of gods in clay or wood were made by Etruscan 
artists. 5 During the early part of the Republic, the 
works executed at Rome were altogether of a use- 
ful and practical, and not of an ornamental charac- 
ter, and statuary was, in consequence, little cultiva- 
ted. But in the course of time, the senate and the 
people, as well as foreign states, which were in- 
debted to some Roman, began to erect bronze stat- 
ues to distinguished persons in the Forum and other 
places. 6 The earliest works of this kind which we 
can consider as really historical are the statues of 
Attus Navius, 7 of Minucius outside the Porta Tri- 
gemina, and of Pythagoras and Alcibiades, which 

1. (Vid. Volkel, Ueber die Wegfiihrung der Alten Kunst- 
werke aus den eroberten Landern naeh Rom. — Miiller, Arch., p. 
165, &c.)— 2. (Plin., H. N., xxxiv., 16, 18. — Compare Vitruv., 
iii., 2.)— 3. (Dionys., i., 79.— Liv., x., 23.)— 4. (Athen., i., p. 28 ; 
xv., p. 700.)— 5. (Plin., H. N., xxxv., 45 ; xxxiv., 16.)— 6. (Id. 



ib., xxxiv. 



14.)- 



(Id., xxxiv., 11.— Cic, De Div., i., 11.) 



stood in the corners of the comitium from the yeal 
B.C. 314 down to the dictatorship of Sulla. 1 The 
last two statues were undoubtedly of Greek work- 
manship. The earliest metal statue of a deity was. 
according to Pliny, a Ceres which was made of the 
confiscated property of Spurius Cassius, about 48o 
B.C. 2 Two other metal statues of gods were the 
Capitoline Hercules, 306 B.C., 3 and the colossal 
statue of the Capitoline Jupiter, which, according to 
Livy, was made about 490 B.C.* The number of 
statues of men in the Forum appears soon to have 
become very great, and many persons seem to have 
had them erected there without any right : hence, 
in 161 B.C., the censors P. Cornelius Scipio and M. 
Popilius removed from the Forum all statues of 
magistrates which had not been erected with the 
sanction of the senate or the people. 5 A statue of 
Cornelia, the mother of the Gracchi, stood in the 
porticus of Metellus. The artists by whom these 
and other statues were executed were undoubtedly 
Greeks and Etruscans. 

V. Fifth Period, from 01. 158 (B.C. 146) to the fall oj 
the Western Empire. 

During this period Rome was the capital of neai- 
ly the whole of the ancient world, not through its 
intellectual superiority, but by its military and polit- 
ical power. But it nevertheless became the centre 
of art and literature, as the artists resorted thither 
from all parts of the Empire for the purpose' of seek- 
ing employment in the houses of the great. The 
mass of the people, however, had as little taste for, 
and were as little concerned about the arts as ever. 6 
In addition to this, there was still a strong party of 
the Romans who, either from an affected or an hon- 
est contempt for the Greeks, entertained the vain 
hope of being able to restore the olden times 
These circumstances account for the fact that a 
man like Cicero thought it necessary to conceal ^nd 
disguise his love and knowledge of the fine arts It 
was, therefore, only the most distinguished and in- 
tellectual Romans that really loved and cherished 
the arts. This was both a fortunate and an unfor- 
tunate circumstance : had it not been so, art would 
have perished at once ; now it continued in some 
degree to be cultivated, but it experienced the same 
fate, which it has met with at all times, when it has 
continued its existence without the sympathies of 
the people, and merely under the patronage of the 
great. Notwithstanding these unfavourable circum- 
stances, there were a number of distinguished ar- 
tists at Rome during the latter period of the Repub- 
lic, who had really imbibed the spirit of the ancient 
Greeks, and produced works of great beauty and 
merit. We need only mention such names as Pasi- 
teles of southern Italy, who was a Roman citizen, 
and made an ivory statue of Jupiter for the Temple 
of Metellus; 7 Arcesilaus, of whom Pliny mentions 
several highly valued works, and whose models 
were prized more than the statues of others ; De- 
cius, who even ventured to rival Chares in the art 
of founding metal statues ; Praxiteles, Diogenes, 
and others. During the Empire the arts declined, 
and, with some noble exceptions, merely adminis- 
tered to the vanity, luxuries, and caprices of the 
emperors. 8 The inertness of the times, says Pliny,' 
has destroyed the arts ; and as there were no more 
minds to be represented, the representations of the 
bodies were likewise neglected. Occasionally, how- 
ever, excellent and talented sculptors still arose, and 
adorned the palaces of the emperors with beautiful 

1. (Plin., H.N., xxxiv., 12.) — 2. (Id., xxxiv., 9.) — 3. (Liv. 
i X-) 44.)— 4. (Id., ix., 40 ; x., 38.— Plin., H. N., xxxiv., 18.)— f 
(Id. ib., xxxiv., 14.)— 6. (Horat. ad Pis., 323-Petron , 88.)— ^ 
(Plin., H. N., xxxvi., 4, Q 12.) —8. (Senec Epist., 88.)— 9. (IL 
N., xxxv., 2.) 



STATUARY. 



STATUARY. 



groups. Pliny 1 mentions as such Graterus, Pytho- 
dorus, Polydectes, Hermolaus, a second Pythodorus, 
Artemon, and Aphrodisius of Tralles. In the time 
of Nero, who did much for the arts, we meet with 
Zenodorus, a founder of metal statues, who was 
commissioned by the emperor to execute a colossal 
statue of 110 feet high, representing Nero as the 
Sun. The work was not completely executed, as 
the art of using the metal had fallen into oblivion. 
In A.D. 75 the statue was consecrated as a Sol, and 
was afterward changed into a statue of Commodus 
by altering the head. 2 The principal sculptured 
works that were produced during the Empire were, 
1. Reliefs on public monuments, such as those adorn- 
ing the triumphal arch of Titus, which represented 
the apotheosis of the emperor, and his triumph over 
Judaea The invention and grouping of the figures 
are good and tasteful, but the execution is careless. 
The same may be said of the reliefs of the Temple 
of Minerva in the Forum of Domitian, in which the 
drapery in particular is very bad. 2. Statues and 
ousts of the emperors. These may again be divi- 
ded into classes, and are easiest distinguished by 
the costumes in which they are represented. They 
are (a.) faithful portraits in the costume of ordinary 
life {toga), or in the attire of warriors (statues thora- 
cata), generally in an attitude as if they were ad- 
dressing a body of men, as, e. g., the colossal statue 
of Augustus in the palace Grimani. To this class 
also belong the equestrian statues, and the statues 
upon triumphal cars with from two to six horses, 
and sometimes even with elephants, which were 
frequently made for emperors out of mere vanity, 
and without there having been any real triumph to 
occasion such a work. 3 (b.) Such statues as were 
intended to show the individual in an exalted, hero- 
ic, or deified character. Among those were reck- 
oned the so-called Achillean statues, which 'were 
first made in the time of Augustus ; they were na- 
ked, and bore a hasta in one hand ;* and, secondly, 
statues in a sitting position, with the upper part of 
the body naked, and a pallium covering the loins. 
These statues were intended to represent an em- 
peror as Jupiter, but sometimes also as an Apollo. 5 
This method of representing an emperor as a god 
was at first practised with much good taste. The 
statues of the ladies of the imperial families are like- 
wise either simple and faithful portraits, or they are 
idealized as goddesses : specimens of each kind are 
still extant. The custom adopted in the Macedo- 
nian time, of combining allegorical representations 
of towns and provinces with the monuments erected 
in honour of the sovereigns, was sometimes follow- 
ed by the Romans also, and some of them were 
made by very distinguished artists. 6 In the reign 
of Trajan, the column of Trajan, with sculptures 
representing the victory of this emperor over the 
Dacians, and other similar works, were executed. 
We also possess a beautiful colossal statue of Nerva 
in the Vatican, and in the Louvre there is a beauti- 
ful statua thoracata of Trajan, and several fine busts 
of the same emperor. 

Down to the reign of Hadrian, statuary had be- 
come more and more confined to the representation 
of subjects of a common nature, so that at length 
we scarcely find anything else but the records of 
victories in the reliefs on the public monuments, and 
the various kinds of statues of the emperors and the 
members of their families. But in the reign of Ha- 
drian the arts seemed to begin a new aera. He him- 
self was undoubtedly a real lover and connoisseur 

1. (H. N., xxxvi., 4, $ 11.)— 2. (Td., xxxiv., 18.— Herodian, i., 
15.)— 3. (Dion Cass., liii., 22.— Stat., Sylv., i.. 1.— Mart., ix., 69. 
—Tacit., De Orat., 8. 11.— Juv., vii., 126.— Plin., H. N., xxxiv., 
10.)— 4. (Plin., 1. c.) — 5. (Miiller, Arch., p. 219.)— 6. (Strab., 
'v., p. 192.— Miiller, Arch., p. 220.) 



oi art, and he encouraged it not only at Rome, b\i 
in Greece and Asia Minor. The great villa of Tra- 
jan below Tivoli, the ruins of which cover an ex- 
tent of ten Roman miles in circumference, was 
richer in works of art than any other place in Italy. 
Here more works of art have been dug out of the 
ground than anywhere else within the same com- 
pass. Hadrian was fond of the ancient forms in 
art as well as in language, and many works in the 
archaic style still extant may have been executed 
at this time. Some statues made at this time corn- 
bine Egyptian stiffness with Grecian elegance, and 
especially the representations of Egyptian deities, 
such as that of Isis, are half Greek and half Egyp- 
tian. But by the side of this strange school there 
existed another, in which the pure Greek style was 
cultivated, and which has produced works worthy 
of the highest admiration. Foremost among these 
stand the statues and busts of Antinous, for whom 
the emperor entertained a passionate partiality, and 
who was represented in innumerable works of art. 
The colossal bust of Antinous in the Louvre is reck- 
oned one of the finest works of ancient art, and is 
placed by some critics on an equality with the best 
works that Greece has produced. The two cen- 
taurs of black marble on the Capitol probably belong 
to the reign of Hadrian : one of them is executed 
in an old and noble style, and is managed by a little 
Eros riding on his back ; the other looks more like 
an intoxicated satyr. There are also some very 
good works in red marble which are referred to this 
period, as it is not known to have been used before 
the age of Hadrian. 

As the arts had received such encouragement and 
brought forth such fruits in the reign of Hadrian, 
the effects remained visible for some time during 
the reign of the Antonines. Antoninus Pius built 
the great villa at Lanuvium, of which ruins are still 
extant, and where many excellent works of art have 
been discovered. But sophistry and pedantic learn- 
ing now began to regard the arts with the same 
contempt as the ignorance of the Romans had for- 
merly done. The frieze of a temple, which the sen- 
ate caused to be erected to Antoninus Pius and 
Faustina, is adorned with griffons and vessels of 
very exquisite workmanship ; but the busts and 
statues of the emperors show in many parts an af- 
fected elegance, while the features of the counte- 
nance are tasteless and trivial copies of nature. 
The best among the extant works of this time are 
the equestrian statue of Marcus Aurelius of gilt 
bronze, which stands on the Capitol, and the column 
of M. Aurelius, with reliefs representing scenes of 
his war against the Marcomanni. The busts which 
we possess of M. Aurelius, Faustina, and Lucius 
Verus, are executed with very great care, especially 
as regards the hair. The number of the extant 
busts of the Antonines amounts to above one hun- 
dred ; and the rate, at which busts of emperors 
were sometimes multiplied, may be inferred from 
the fact that the senate sometimes ordained that 
the bust of an emperor should be in the house of 
every citizen. 

After the time of the Antonines, the symptoms 
of decline in the arts became more and more visible. 
The most numerous works continued to be busts 
and statues of the emperors, but the best among 
them are not free from affectation and mannerism. 
The hair, especially in the representations of fern lie 
figures, becomes gradually utterly tasteless ; and in- 
stead of the natural hair, the artists made it a point 
to show that it was a large peruque, which in some 
cases might be put on and taken off at pleasure. 
(Vid. Galerus.) In the time of Caracalla many 
statues were made, especially of Alexander the 
Great. Alexander Severus was a great admirer oi 

923 



STATUARY. 



STILL S. 



tatues, not from a genuine love of art, but because 
•ie delighted in the representations of great and good 
men. 1 The reliefs on the triumphal arch of Sep- 
timius Severus, representing his victories over the 
Parthians, Arabs, and the Adiabenians, have scarce- 
ly any artistic merits. During this time of decay 
the custom arose of adorning the sarcophagi with 
figures in high relief, representing scenes from the 
legenls of Demeter, Dionysus, and from the he- 
roic ages of Greece ; sometimes, also, the fable of 
Eros and Psyche : all these contained allusions to 
the immortality of the soul. Art, however, now 
declined with great rapidity : busts and statues 
were more seldom made than before, and are awk- 
ward and poor ; the hair is frequently indicated by 
nothing else but holes bored in the stone. The re- 
liefs on the sarcophagi gradually become monoto- 
nous, lifeless, and evidently executed without spirit. 
The reliefs on the arch of Constantine, which are 
not taken from that of Trajan, are perfectly rude and 
worthless, and those on the column of Theodosius 
were not better. Art, in the proper sense of the 
word, ceased to exist ; statues of victors in the 
public games continued to be erected down to the 
fourth, and statues of the emperors (at Constanti- 
nople) down to the eighth century ; but at Rome, 
as at Constantinople, those who were honoured in 
this way were more concerned about their rank and 
dress being properly represented in their statues, 
than about the real artistic merit of the work. Stat- 
uary became mere manual labour, and required no- 
thing but mechanical skill. At Constantinople, how- 
ever, where statues had been collected from Rome, 
Greece, and Asia Minor, the events of history al- 
lowed the plastic arts to die away more gradually 
than in Italy. 

Before concluding, it remains to say a few words 
n the destruction of ancient works of art. During 
ht latter part of the reign of Constantine, many stat- 
ues of the gods were destroyed and melted down, 
and not long after his time a systematic destruction 
began, which under Theodosius spread over all parts 
of the Empire. This spirit of destruction, however, 
was not directed against works of art in general 
and as such, but only against the pagan idols. The 
opinion, therefore, which is entertained by some, 
that the losses we have sustained in works of an- 
cient art are mainly attributable to the introduction 
of Christianity, is too sweeping and general. Of 
the same character is another opinion, according to 
which the final decay of ancient art was a conse- 
quence of the spiritual nature of the new religion. 
The coincidence of the general introduction of Chris- 
tianity with the decay of the arts is merely acci- 
dental. That the early Christians did not despise 
the arts as such, is clear from several facts. We 
know that they erected statues to their martyrs, of 
which we have a specimen in that of St. Hippolitus 
in the Vatican library ; and it is expressly stated 
that Christians devoted themselves to the exercise 
of the arts. 2 The numerous works, lastly, which 
have been found in the Christian catacombs at 
Rome, might alone be a sufficient proof that the 
early Christians were not hostile towards the rep- 
resentation of the heroes of their religion in works 
of art. The hostility, such as it appears in the wri- 
tings of Augustin, cannot therefore have been gen- 
eral ; and, in fact, Christianity during the Middle 
Ages became as much the mother of the arts of 
modern times as the religion of Greece was the 
mother of ancient art. Another very general and 
yet incorrect notion is, that the Northern barbarians, 
after the conquest of Rome, intentionally destroyed 
works of art. This opinion is not supported by any 



(Lampritl., Al. Sev. $5.) — 2. ( Baronius, Annal. ad A., 303.) 
924 



of the contemporary historians, nor is it at all protv 
able. The barbarians were only anxious to carry 
with them the most precious treasures in oider tc 
enrich themselves ; a statue must have been an ot 
ject of indifference to them. What perished, per 
ished naturally by the circumstances and calamities 
of the times : in times of need, bronze statues were 
melted down, and the material used for other put 
poses ; marble statues were frequently broken to 
pieces and used for building materials. If we con- 
sider the history of Rome during the first centuries 
after the conquest of Italy by the Germans, we have 
every reason to wonder that so many specimens of 
ancient art have come down to our times. 1 
STELAI (arfjlat). (Vid. Funus, p. 457.) 
STHENTA (odevia), a festival with contests, cel- 
ebrated by the Argives in honour of Zeus, surnamed 
Sthenius, who had an altar, consisting of a large 
rock, in the neighbourhood of Hermione. 2 Plutarch 3 
states that the nd'An or wrestling, which formed a 
part of the contests at this festival, was accompa- 
nied by a flute ; and he also mentions a tradition, 
according to which the festival had originally been 
held in honour of Danaus, and that it was afterward 
consecrated to Zeus Sthenius. 

STIBA'DIUM. (Vid. Mensa, p. 633.) 
*STIBTUM (cTLfifu), a Sulphuret of Antimony, 
used from the earliest times, and still employed at 
the present day in the East for .tinging black the 
hair and eyebrows, the eyelashes and edges of the 
lids ; this last application being with a view to in- 
crease the apparent size of the eye. " Pliny's de- 
scription of stibium,'" says Dr. Moore, "does not 
suit, in all respects, the common sulphuret of anti- 
mony ; but this mineral may have been found then 
more frequently associated, as it now sometimes is 
with the white oxide, or with the nickeliferous su 1 
phuret, to either of which Pliny's description of t 
as 'Candida nitensque* might be with propriety ap- 
plied." Hardouin correctly states, according to 
Adams, that the ancients were most probably un- 
acquainted with pure antimony, which is a factitious 
substance, or, at least, is rarely found as a native 
ore. It is called rerpuyovov by Hippocrates, from 
its being made into pastils of a square form." On 
the ancient antimony, consult Pliny's Natural His- 
tory.* 

STILLICFDIUM. (Vid. Servitutes, p. 878.) 
STILUS or STYLUS is in all probability the same 
word with the Greek o-vTioc , and conveys the gen- 
eral idea of an object tapering like an architectural 
column. It signifies, 

1. An iron instrument, 5 resembling a pencil in 
size and shape, used for writing upon waxed tab- 
lets. 6 At one end it was sharpened to a point for 
scratching the characters upon the wax, 7 while the 
other end, being flat and circular, served to render 
'the surface of the tablets smooth again, and so to 
obliterate what had been written. Thus vertere sti- 
lum means to erase, and hence> to correct, as in the 
well-known precept sape stilus ver/as. s The stylus 
was also termed graphium,' 9 and the case in which 
it was kept graphiarium 10 or graphiaria theca. 11 The 
following woodcut is from a picture found in Hercu- 
laneum. 12 

2. A sharp stake or spi ke placed in pitfalls befo re 

1. (Winckelmann, Gesch. deT Kunst.— Meyer, Gesch. der bil- 
denden Kiinste bei den Griechen. — F. Thiersch, Ueber die 
Epochen der bildenden Kunst unter den Griechen.— K. O. Mid- 
ler, Archftol. der Kunst, 2d ed., 1835.) —2. (Hesych., s. v. Z6e- 
via. — Compare Paus., ji., 32, I) 7 ; 34, t) 6.) — 3. (De Mus., p. 
1140,C.)—4. (Dioscor., iii., 99.— Plin., H. N., xxxiii., 33.— Har 
douin ad Plin., 1. c. — Adams, Append., s. v.— Moore's Anc. Min 
eralogy, p. 51.) — 5. (Ovid, Met., ix., 521.— Mart., xiv., 21.)— 6 
(Plaut., Bacch., iv., 4, 63.— Plin., H. N., xxxiv., 14.)— 7. (Quint., 
i., 1, <) 27.)— 8. (Hor., Sar. i., 10, 72.— Cic.,c. Vcrr., II., ii., 41.) 
—9. (Ovid, A.nor., i., U 13— Suet., Jul., 82.)— 10. (Mart., xiv 
21.)— 11. (Suet., ClauJ 35.)— 12. (Mus. Borbon., torn ri. tan 
35.) 



STIPENDIUM 



STIPENDIUM. 




mi 'imenchmen 1 ; to embarrass the progress of an 
attacking enemy. 1 It was intended to answer the 
same purpose as the contrivances called cippi, Mia, 
and stiriiuli by Caesar. 2 

3. A bronze needle or rod for picking worms off 
fruit-trees ; 3 also a wooden probe employed in gar- 
dening operations.* 

It bears, also, the meaning of the stem of a tree or 
vegetable, 5 which is, perhaps, the primary significa- 
tion of gtv1o£. 

♦STIMMI, the Greek name for what the Romans 
called Stibium. (Vid. Stibium.) 

STIPENDIA'RII. The stipendiaries urbes of the 
Roman provinces were so denominated, as being 
subject to the payment of a fixed money tribute, 
" stipendium," in contradistinction to the vectigales, 
who paid a certain portion, as a tenth or twentieth 
of the produce of their lands, their cattle, or cus- 
toms. The word " stipendium" was used to signify 
the tribute paid, as it was originally imposed for, 
and afterward appropriated to, the purpose of fur- 
nishing the Roman soldiers with pay {stipendium 6 ). 
The condition of the urbes stipendiariae is generally 
thought to have been more honourable than that of 
the vectigales, but the distinction between the two 
terms was not always observed. 7 The w r ord sti- 
pendiarius is also applied to a person who receives 
a fixed salary or pay, as a " stipendiarius miles" 9 a 
phrase which is sometimes used to denote a veteran 
who has received pay for many years, or served in 
many campaigns. 9 Some MSS. have stipendiosus 
in the passage last quoted, which is, perhaps, a bet- 
ter reading. 10 

STIPE'NDIUM, a pension or pay, from stipem 
and pendo, because, before silver was coined at 
Rome, the copper money in use was paid by weight, 
and not by tale. 11 According to Livy, the practice 
of giving pay to the Roman soldiers (ut stipendium 
miles de publico acciperet) was not introduced till 
B.C. 405, on the occasion of the taking of Tarracina 
or Anxur. He represents the change as the spon- 
taneous and unsolicited act of the senate ; but from 
another passage 12 we learn, that in the year 421 B.C. 
the tribunes had proposed that the occupiers of the 
public land should pay their vectigal regularly, and 
that it should be devoted to the payment of the 
troops. The concession w T as probably accelerated 
by the prospect of the last war with Veii, and made 
with a view of conciliating the plebs, who, without 
some such favour, would in their then humour have 
refused to vote for the war. Livy also represents 
the funds for the payment to have been raised by a 
tributum or general tax ; but, as Arnold observes, 13 
M The vectigal or tithe due from the occupiers of the 
public land was to provide pay for the soldiers ; and 
if this were not sufficient, it w r as to be made good 

1. (Bell. African., 31.— Silius, x., 415.)— 2. (B. G., vii., 73.)— 
S. (Pallad., iv., 10, $ 20.)— 4. (Columell., xi., 3, y 53.)— 5. (Id., 
v., 10, <> 21 ; xi., 3, v 46.) — 6. (Liv., iv., 60.— Tacit., Hist., iv., 
74.)— 7. (Liv., xxxvii., 35.)— 8. (Hirtius, De Bell. Afric, 43.)— 
9. (Veget., De Re Milit., i., 13.)— 10. (Gottling, Gesch. der Rom. 
Siaatsverf., p. 418.)— 11. (Varro, Lin?. Lat., v., 182, ed. Muller. 
-Plin., H. N , xxx., 3.) — 12. (iv., 36.)— 13. (Hist, of Rome, i., 
p. 369.— Compare Niebuhr, ji , p. 440.) 



by a tax or tribute levied upon the whole people. 
This tithe, however, was probably paid very irregu- 
larly, and hence the pay of soldiers would, in point 
of fact, be provided chiefly out of the tributum." A 
few years after this concession (B.C. 403), and du- 
ring the hostilities against Veii, a certain amount 
of pay was assigned {certvs numerus aris est assig- 
nalus 1 ) to the knights also, or Equites, p. 415. 
Livy, however, seems to be here speaking of the 
citizens who possessed an equestrian fortune, but 
had no horse {equus publicus) assigned to them by 
the state ; for it had always been customary for the 
knights of the 18 centuries to receive pay out of the 
common treasury in the shape of an allowance for 
the purchase of a horse, and a yearly pension of 
2000 asses for its keep. {Vid. JEs Equestre, A)s 
Hordearium.) Hence Niebuhr 2 doubts the accura- 
cy of the account which is given by Livy, 3 and ob- 
serves that " the Veientine war cannot have been 
the occasion on which the practice of giving pay to 
the troops was first established : the aerarii must 
undoubtedly have always continued to pay pensions 
{capita) to the infantry, in the same way as single 
women and minors did to the knights : and the 
change consisted in this, that every legionary now 
became entitled to pay, whereas the number of pen- 
sioners had previously been limited by that of the 
persons liable to be charged with them ; and hence 
the deficiency was supplied out of the aerarium from 
the produce of the vectigal, and when this failed, by 
a tribute levied even from those plebeians who were 
themselves bound to serve." Consequently, the 
tribunes murmured that the tribute was only impo- 
sed for the sake of ruining the plebs.* In support 
of his opinion, Niebuhr 5 advances arguments which 
at least make it very probable that the "paterna. 
legislation" of Servius Tulhus provided for the pay 
of the infantry in the manner mentioned; but even 
admitting this, the practice might have been discon- 
tinued, so as to justify the statement made on this 
subject by Livy. We have not space to repeat oi 
discuss those arguments here, and therefore simply 
refer to them in vol. i., p. 374, and vol. ii., p. 441, 
of his History. According to Polybius, 6 the daily 
pay of a legionary amounted, in his time, to two 
oboli, which, as he makes a drachma equivalent to 
a denarius, and a denarius, in paying the soldiers, 
was then estimated at ten asses," 1 and not at six- 
teen, as was usual in other money transactions, 
gives 3§d asses a day, or 100 a month. Now the 
yearly pension of the knights (2000 asses), observes 
Niebuhr, gives, if we take the old year of 10 months, 
200 asses a month ; just double the pay of the foot- 
soldiers. In later times the knights received triple 
pay {triplex stipendium merebant). This allowance 
was first established by the military tribune Cn. 
Cornelius Cossus (400 B.C.), and, according to Nie- 
buhr, was then designed as a compensation to those 
who served with their own horses : it did not be- 
come the general custom till some time afterward. 
Polybius* thus speaks of the stipendium of his day, 
which he calls bipuviov, as St. Luke 9 also does. 
" The foot-soldier receives as pay two oboli a day ; 
the centurion twice as much ; the horseman a 
drachma or denarius. The foot-soldiers also re- 
ceive in corn every month an allowance {demensum) 
of |ds of an Attic medimnus, or about 2 bushels 
of wheat ; the horsemen 7 medimni of barley and 2 
of wheat. The infantry of the allies receive the 
same allowance {(jLTOfierpovvTat) as the Roman ; 
the horsemen 1 ^d medimni of wheat and 5 of barley. 
But there is this difference, that the allied forces 
receive their allowance as a gratuity ; the Roman 

1. (Liv., v., 7.)— 2. (i., 474, and ii., p. 441.)— 3. (iv., 59.)— 4 
(Liv., iv., 60.)— 5. (1. c.)— 6. (vi., 37.)— 7. (Plin., 1. c.)— 8. (vi , 
37.)— 9. (in., 14.) 

92. r > 



STCEBK. 



STRATEGOS. 



soldieis, or me contrary, have deducted from their 
pay the money value of whatever they receive, in 
corn, armour, or clothes." There was, indeed, a 
Jaw passed by C. Gracchus, 1 which provided that, 
besides their pay, the soldiers should receive from 
the treasury an allowance for clothes ; but from 
Tacitus 2 this law seems either to have been repeal- 
ed or to have fallen into disuse. The two oboli of 
Polybius, which we make equal to 3|d asses, are 
reckoned by Plautus in round numbers at 3 asses. 
Thus he says, 3 " Isti qui trium nummorum causa 
subeunt sub falas." This amount was doubled for 
the legionaries by Julius Caesar* before the civil 
war. He also gave them corn whenever he had 
the means, without any restrictions (sine modo nen- 
suraque). Under Augustus 5 it appears to have been 
raised to 10 asses a day (three times the original 
sum), or 300 a month, or 1200 in four months. 
Now, as the original amount of their pay had been 
tripled, the soldiers could not complain if the dena- 
rius were reckoned at 16 asses in payments made 
\r> themselves as well as other persons ; and, taking 
this value, the 1200 asses amount to exactly 3 au- 
rei, or 3 x 400 asses. This sum, then, was consid- 
ered as a unit, and called stipendium, being paid 
three times a year. Hence Suetonius says of Do- 
tnitian, 6 " Addidit et quartum stipendium, ternos au- 
reos ;" a fact which Zonaras 7 otherwise expresses 
by stating that, instead of 75 drachmae (i. e., dena- 
rii), Domitian gave the soldiers 100, i. e., he made 
an addition of 25 denarii or 1 aureus to their pay. 
The expression of Suetonius supposes that 3 au- 
rei were paid every quarter instead of every four 
months, after the addition made by Domitian ; that 
of Zonaras implies that 4 aurei instead of 3 were 
paid, as before, every three months, the annual 
amount being the same either way, and the quar- 
terly or four months' instalment of 3 or 4 aurei be- 
ing called a stipendium. Niebuhr's 8 statement on 
this subject is only partially correct, or else obscure : 
at any rate, if the soldiers received 10 asses a day, 
they must have received more than 1200 a year. 

The praetorian cohorts received twice as much 
as the legionaries. 9 The pay of the tribunes is not 
known ; but it was considered very great, 10 and prob- 
ably was not less than 48 aurei per annum after the 
time of Domitian. We must not omit to mention 
that, if his pay were withheld, the Roman soldier 
was allowed, by an old unwritten custom, to distrain 
the goods (per pignoris capionem) of the officer 
whose duty it was to supply it. The eques was al- 
lowed the same privilege against the persons who 
were bound to furnish him with the aes equestre for 
the purchase of his horse, and the aes hordearium 
for its keep. 11 

From an expression which Livy 18 puts into the 
mouth of a patrician orator, it might be supposed 
that the soldiers always received a full year's pay, 
independent of the .length- of their §firn&$ Tiais, 
however, seems so unreasonable, that w% cannot 
bot agree wiifo. Niebahr in supposing that the histo- 
rian was misled by the custom of his owe time, 
when a full year had long been the stipulated term 
of a soldier's pav as well a^ of his service. 

STIPULA'TIO, STIPULATOR ( VuL Obuuj- 
tkwes, p. 673.) 

STIVA. (Vid. Aratrtjm, p. 79.) 

STLENGIS (arleyyiq). { V%d- Louteow, p 599.) 

STOA (GToa). (Vid, Porticus.) 

STOCHEION (oroxelov). (Vid. Horologiom.) 

•STCEBE (aroctri). « According to Hardouin, a 
species of Scabiosa ; but this opinion is rejected by 

i. (Fmt. m vita.)— 2. (Aim.., 1. 17.)— 3. (Most., h., i, 10.;-- 4. 
(Susr.., c. 26.)— 5. (Suet. Octav., c 49.— Tacit., I c.)~-6 (c, 7.) 
-7 (Ann., ii., p. 196.) — 8, (ii., p 443.)— 9. (Tacit., ». c.)-- 10. 
tfav., iii., 132.)— 1,1 fGaius, lib. iv., <> 26-28.)— 12- (v., c 4.) 
926 



Sprengel, who rather too confidently refers it to tne 
Peterium spinosum, L. Stackhouse holds it to be 
the St(zbe centaurea. ,n 

*ST(ECHAS (croixdc), a species of Lavender, 
probably, as Sprengel maintains, the Lavandula 
Stazckas. 2 

STOLA was a female dress worn over the tunic 
it came as low as the ankles or feet (ad talos stola 
demissa 3 ), and was fastened round the body by a 
girdle, leaving above the breast broad folds (ruga- 
siorem stola frontem*). The tunic did not reach 
much below the knee, but the essential distinction 
between the tunic and stola seems to have been, 
that the latter always had an Instita or flounce 
sewed to the bottom, and reaching to the instep.' 
Over the stola the palla or pallium was worn (vd. 
Pallium), as we see in the cut annexed. 6 




The stola seems to have been usually fastened 
over the shoulder by a Fibula or clasp, and usually 
had sleeves, but not always. 

The stola was the characteristic dress of the Re- 
man matrons, as the toga was of the Roman men.' 
Hence the meretrices were not allowed to wear it, 
but only a dark-coloured toga ; 8 and, accordingly, 
Horace 9 speaks of the matrona in contradistinction 
to the togata. For the same reason, women who had 
been divorced from their husbands on account of 
adultery were not allowed to wear the stola, but 
only the toga ; 10 to which Martial alludes. 11 

*STOMO'MA. (Vid. Adamas.) 

STRA'GULUM. (Vid. Tapes.) 

STRATEGOS (arparnyoc). The office and title 
of orparnyoc, or general, seem to have been more 
especially peculiar to the democratic states of an- 
cient Greece : we read of them, for instance, at 
Athens, Tarentum, Syracuse, Argos, and Thurii; 1J 
and when the tyrants of the Ionian cities in Asia 
Minor were deposed by Aristagoras, he established 
arparnyoi in their room, to act as chief magistrates. 13 

The strategi at Athens were instituted after the 
remodelling of the constitution by Ciisther.es «o 
discharge the ttnties *vmch um ii- iumm tones 
been per formed eilhe«- b> r.he *?ng >*i vh*- amn® 
polemarcbus. They were- wn m nwnoer one «» 
each of the ten tribes, and chosen bv tne suffrages 
(Xetporovia) of the people. 14 Before entering oi i tl iei r 
duties, they were required to submit to a SoKcuac/a, 
or examination of their character : lb and no one was 
eligible to the office unless he had legitimate chil- 
dren, and was possessed of landed property in Atti- 
ca. 15 They were, as their name denotes, intrusted 



1. (Dioscor., iv., 12.— Theophr.,i., 10.— Adams, Append., s. v.) 
—2. (Dioecor., iii., 28.— Adams, Append., a. v.)— 3. (Hor., Sat., 
i., 2, 99.)— 4. (Mart., iii., 93, 4.)— 5. (Hon, Sat., i., 2,29.— Ovid, 
Ax. Amat., i., 32.)~6. (Mus. Borb., iii., tav. 7.)— 7. (Cic, Phil., 
ii., 18.)— 8. (Tibull., iv., 10, 3.— Mar; , i-, 36, 8.)— 9. (Sat., i., 
2, 63.) — 10. (Schol. ad Hor., 1. e.) — 11. (ii.. 39 ; vi., 64, 4, — 
Vid. Becker, Gallus, i., p. 32 J, &c.)— 12. (Wachsmuth, L. h.. 
34.)— 13. (Herod., v... 38.)— 14. (Pollux, Onom., vrii., 87 )~1S 
(Lvs., c. Alcib., 144.; — 16. (Dmaruh... c Demosth.. 99j 



STRATEGIC. 



STRATEGOS. 



with the command on military expeditions, with 
the superintendence of all warlike preparations, and 
with the regulation of all matters in any way con- 
nected with the war department of the state. They 
levied and enlisted the soldiers (KaT&ef-av), either 
personally or with the assistance of the taxiarchs. 1 
They were intrusted with the collection and man- 
igernent of the eia<f>opal, or property-taxes raised 
■or the purposes of war ; and also presided over, 
jr officiated as elccyayeig in, the courts of jus- 
lice in which any disputes connected with this sub- 
ject or the trierarchy were decided. 2 They also 
nominated from year to year persons to serve as 
trierarchs, 3 and took cognizance of the cases of 
Antidosis arising out of the trierarchy and proper- 
ty-taxes (knoiovv rug uvTiooGEis*). They also presi- 
ded at courts-martial, and at the trials in cases of 
accusation for non-performance of military and na- 
val duties. (Vid. A2TPATEIA2 and ANATMA- 
XI OT rPA4>Al.) They likewise had the power of 
convening extraordinary assemblies of the people in 
cases of emergency (vid. Ecclesia, p. 384), and 
from the instance of Pericles, it would almost seem 
that in critical times they had the power of prevent- 
ing an assembly being holden. 5 But their most 
important trust was the command in war, and it de- 
pended upon circumstances to how many of the 
number it was given. At Marathon all the ten were 
present, and the chief command came to each of 
them in turn. The archon polemarchus also was 
there associated with them, and, according to the 
ancient custom, his vote in a council of war was 
equal to that of any of the generals.* In the expe- 
dition against Samos, also, all the ten generals were 
engaged, 7 the poet Sophocles being one of the num- 
ber ; B but it is obvious that in most cases it would 
be neither convenient nor useful to send out the 
whole number on the same undertaking, and, du- 
ring the course of a protracted war, it would be ne- 
cessary for some of them to be left at home in 
charge of the war department there. Accordingly, 
in the best times of Athens, three only were, for 
the most part, sent out ; one of these (rplrog avrog) 
was considered as the commander-in-chief, but his 
colleagues had an equal voice in a council of war. 
Sometimes a strategus, as Pericles, was invested 
with extraordinary powers : 9 in like manner, the 
three generals engaged in the Sicilian expedition, 
Nicias, Alcibiades, and Lamachus, were made av- 
TOKpuTopec, or supreme and independent in all mat- 
ters connected with it. 10 So also was Aristides in 
his command at Platsea. But even in ordinary ca- 
ses the Athenian generals were not fettered in the 
conduct of a campaign by any council of war or 
other controlling authority, as the Spartan kings 
Bometimes were ; still they were responsible for it, 
and in the time of Demosthenes 11 exposed, at the 
termination of their command, to capital indictment 
at the caprice of the people, or from the malevolence 
o' personal enmity. 19 Even Pericles himself 1 *" wa? 
fined hy the pe»>ple toi tsnpittod iniamauagenKvit, bnt 
realty because -.le artnenftua <*we 'U&appOitkteri id 
their expectations 

In the time^ of ChaDriaa ana Phocion, oowever, 
the greater pait or che generais regularly remained 
at home to conduct the processions, &c, as the cit- 
izens did to enjoy them, leaving their wai« to 
he conducted by mercenaries and their leaders. ;4 
Some of them, too, were not commanders of all the 

i (Lys., c. Aicib., 140 , Pro Milit., 114.)— 2. (Woli ad Lept., 
p. 94.— Demoeth., c. Lacr., 940, 16.)— 3. (Demosth., c. Boeot., i., 
997 — Xen., De Rep. Athen., 3.)— 4. (c. Phatnip., 1040.) — 5. 
(Thacyd., ii., 22.;— 6. (Herod., Ti., 109.)— 7. (Thucyd., i., 116.) 
—3 (Mflller, Literature of Ancient Greece, p. 338.)— 9. (Thu- 
▼d., !i., 65.)— 10 (Thucyd., vi., 8, 26.)— 11. (Philip., i., 53.)— 
I* (c Mid.. 5S6. c Aristocr., 676.)— 13. (Thucyd., ii., 65.;— 
<4 (\\;u hsmutn. 11, 1, p. 410.— Demosth-. Phil., i., 47, IS.) 



troops, but only of the horse and foot of separate 
armies (arparr/ydg 6 km tuv ott/Icjv or ok?utC)v, and 
6 km tuv Itttteuv) : and one of them, the general of 
the administration (6 km r/~/g dioinrjoeug), performed 
part of the judicial labours of the strategi and oth- 
er civil services, such as that of giving out the pay 
of the troops. 1 We must also remember that the 
Athenian navy, as well as the army, was command- 
ed by the strategi, whence the * prsetoria navis" oi 
flag-ship is called orpaTTjylg vavg. % 

The strategi at Athens were perhaps the most 
important officers of the Republic, especially during 
war ; and among them are numbered some of her 
most distinguished citizens, Miltiades, Themisto- 
cles, Pericles, Phocion, &c. But the generals of 
the early times differed in many respects from the 
contemporaries of Demosthenes. Formerly the gen 
eral and the statesman were united in one person ; 
the leader in the field was the leader in the assem- 
bly, and thus acquired a double influence, accom- 
panied with a double responsibility. But in later 
times, the general and the professed orator oi 
statesman were generally perfectly distinct, 3 and 
the latter, as will always be the case in free states, 
had by far the greater influence. The last of the 
Athenian generals who was considered to unite the 
two characters was Phocion, w r ho was general no 
less than forty-five times.* Accordingly, the various 
parties into which the state w T as then divided had 
each their orator and general, the former acting as 
a recognised leader ; 5 and a general, when absent 
on foreign expeditions, was liable to be maligned or 
misrepresented to the people by an unfriendly and 
influential demagogue.' Hence we cannot wonder 
that the generals of the age of Demosthenes were 
neither so patriotic nor so distinguished as those of 
former times, more especially when we call to mind 
that they were often the commanders of mercenary 
troops, and not of citizens, whose presence might 
have checked or animated them. iMoreover, the) 
suffered in moral character by the contamination of 
the mercenary leaders with whom they were asso- 
ciated. The necessity they were under of provi- 
ding their hired soldiers with pay, habituated them 
to the practice of levying exactions from the allies ; 
the sums thus levied were not strictly accounted for, 
and what should have been applied to the service 
of the state was frequently spent by men like Cha- 
res upon their own pleasures, or in the purchase of 
a powerful orator. 7 Another effect of the separa- 
tion of the two characters was, that the responsi- 
bility of the general and of the orator or minister 
was lessened, and it was in most cases easy for a 
general to purchase an apparently disinterested ad- 
vocacy of his conduct. There was this farther 
abuse connected with the system, that, according to 
Isocrates, 8 military command was so much coveted, 
that the election of generals was often determined 
by the most profligate bribery. 

Toe mos?t eminent, generals of the time of Do 
mosfoenea »ere I'hix-iheus, Ohabrras, Iphicrares, 
and Oiopith^o. . Gdartte and Lysicles tvere iafenci to 
them both m loyalty ufjiJ skill, but tne former and 
tr;e mercenary Gbaridemus were frequently ero 
ployed Towards the decline of the Roman Em 
pire the chief magistrate at Athens was called 
orpaTrjyos, oi the duke • Oonstantine bestowed on 
him the title of (itycu <jrpari])6g, or the grand 
duke,. 1 " The military chieftains of the iEtolian aud 
Achaean leagues were also called oTpaTyyoL The 
Achaean arparriyoi had the power of convening a 



1. (Bdckh, Staatsh., ii., c. 7.— Dem., Pro Coron., p. 265, il.J 
2. (Hermann, Lehrbueh d. Griech. Staatsalt., <) 152.)— 3. (Ivucr. 
De Pace, 170.)— 4. (Plut., Phuc.. 5.--Wachsmuth, 1.. ii., 79 ) 
—6. (Demosth., Olyn., ii., 26.; — 6. (Demosth., Dn Chersyn... £?, 
12.— Wachsmuth, 1. c.) — 7. (Tiurlwall, Hist trf Greece, v 
814.)— 8. (De Pace. 168.1—0 (Julian, Crmt.. (.1 

y*2? 



STRENA. 



STRYOHNUS. 



general assembly c.f the league on extraorL nary oc- 
casions. 1 

♦STRATIO'TES (arpariurnc), a species of plant, 
probably a kind of water-lentil. " The arpaTLurnc 
TTorufitog was most probably, according to Sprengel, 
the Pistia Stratiotis. Woodville, treating of the 
common Yarrow or Millefoil, says of it, ' This plant 
appears to be the orpariuTnc ££/Ud<^/\/lof of the 
Greek writers.' It is pretty generally looked upon 
as being the Achillea millefolium. It got the name 
of Achillea from its being supposed the herb used by 
Achilles in dressing wounds." 2 

STRATO'RES. 1. Imperial equerries subject 
to the tribunus stabuli. Their proper duty, as the 
name imports, was to saddle the horses ; they also 
led them from the stable, and assisted the emperor 
to mount. Hence they were termed in Greek dva- 
doltlc. From the addition of miles to their title, it 
apoears that they were considered as part of the 
military establishment. 3 Consuls and praetors had 
their stratores, as we learn from inscriptions,* and 
perhaps agdiles also. 5 

2. Officers sent into the provinces to select hor- 
ses for the stud of the prince or for the general ser- 
vice of the state. 6 These, in all probability, be- 
longed to the same body with those mentioned 
above ; the title stratores a publicis rationibus, by 
which they are usually distinguished in works upoii 
Roman antiquities, rests upon no authority except 
the letters STR. A. P. R. in an inscription, 7 the in- 
terpretation of which is very doubtful. 

3. Jailers under the orders of the commenlaricn- 
sis, or chief inspector of prisons. 8 To these Ulpian 
refers, 9 " nemo proconsulum stratores suos habere po- 
test, sed corumvice milites ministerio inproxnnciis fun- 
guntur," although the passage is quoted inmost dic- 
tionaries as bearing upon the stratores of the stable. 10 

4. In the later Latin writers, and especially in 
the monkish historians of the Middle Ages, stratores 
denote a chosen body of soldiers sei.it in advance of 
an army to explore the country, to determine the 
proper line of march, to select the spots best fitted 
for encamping, and to make all Che arrangements 
necessary for the safety and comfort of the troops 
when they halted, their duties being in some re- 
spects analogous to those of the classical metatores, 
and in others to those of a modern corps de guides. 11 

5. We find in an inscription the words Diomedes 
Ap. Strator, which is g^n'jrally understood to com- 
memorate the laoours of some individual in paving 
the Appian Way, and. mention is made of stratores 
of this description ic another inscription found at 
Mayence. 12 

STRENA, a pre&errt given on a festive day and for 
the sake of good omen, 13 whence a good omen is call- 
ed by Plautus bon i ctrena. 14 * It was, however, chiefly 
applied to a newyear's-gift, to a present made on 
the calends of January. In accordance with a sen- 
atus consultum, newyear's-gifts had to be present- 
ed to Augustus in the Capitol, even when he was 
absent. 15 The person who received such presents 
was accustomed to make others in return (strena- 
*"ium commercium) ; but Tiberius, who did not like 
the custom on account of the trouble it gave him, 
and also of the expense in making presents in re- 



1 (Li?.., xxxviii., 11 — Polyb., iv., 7, § 5.)— 2. (Dioscor., iv., 

300, 101. — Adams, Append., s. v.)— 3. (Spart. Caracall., 7. — 

Vmm. Marcell., xxx., 5. — Vid. Ducange, s. v.) — 4 (Orell., Inscr., 

798, 3250, 3523.)— 5. (Orell., n. J584.)-6. (Amm. Marcell., 

six., 3.— Cod. Theod., viii.,tit. 8, s.4.— Cod., xii.,tit. 25.— Sal- 

j us. ad Capitol., M. Antonin., 8 ; ad Trebell. Poll., Valer., 3.) — 

(Gruter, p. dlxix., ii. 8 .)— 8. (Cod. Theod., ix., tit. 3, s. 1.) — 9. 

>ig. 1, tit. 16, s. 4.) — 10. (Compare the Notitia Dignitatum 

nperii Orientis, c. 13 and c. 101, in Grsevii Thes. Rom. Antiq., 

om. vii., p. 1375 and p. 1606.) — 11. (Symm., Epist. ad Theod. 

et Vaient., 1.— Ducange, s. v.) — 12. (Orell., n. 1450. — Compare 

Fuchs, Geschichte Von Mainz.)— 13. (Festus, s. v.) — 14. (Stich., 

"■. 2, 24.) — 15. (Suet., Octav., 57. — ('<in>par«i Dion Cass., liv., 

85 i 

023 



turn, frequently Jeft Rome at the beginning of Jan- 
uary, that he might be out of the way, 1 and also 
strictly forbade any such presents to be offered him 
after the first of January, as he used to be annoyed 
by them during the whole of the month. 3 The 
custom, so far as the emperor was concerned, thus 
seems to have fallen almost entirely into disuse du- 
ring the reign of Tiberius. It was revived again 
by Caligula, 3 but abolished by Claudius ;* it must, 
however, have been restored afterward, as we find 
it mentioned as late as the reigns of Theodosius 
and Arcadius. 5 

STRIGIL. (Vii. Baths, p. 146; Loutrok, » 
599.) 

*STRIX, the Screech Owl. (Vid. Glaux.) 
^ *STROMBUS (<jTp6fi6oc), a shellfish, called in 
French Trompe, in English Trumpet ; namely, the 
Cochlea Strombus, L. 6 

STRO'PHIUM (raivia, raividiov, airodtajiog) was 
a girdle or belt worn by women round the breast 
and ove/ the inner tunic or chemise 7 (tereti strophio 
luctantes vincta papillas*). It appears from an ep- 
igram of Martial 9 to have beer, umally made of 
leather. 10 

*STROUTH'ION (orpovdiov), the Saponaria offi- 
cinalis, or Soapwort. " Lucian mentions," says 
Adams, " that the impostor Alexander used it to 
procure a discharge of saliva from his mouth." 11 

♦STROUTHOS (crpovdoc). "A term used by 
Paulus ^Egineta in the same genera sense that 
Passer es is by Linnaeus, as applying to the order of 
small birds. It is more particularly applied, howev 
er, to the Passer domesticus, or House Sparrow 
Gesner supposes the rrvpyirnc and Tpoylo6vTnc mere 
varieties of it ; but it is more probable that the lat- 
ter was the Hedge Sparrow, or Accentor modulai is, 
Cuvier." 12 

*2TPOYeO v £, fieydlri, Ai6vkt}, or 'Apa6in, called 
also CTpovdoKa^nTioc, the Ostrich, or S trout hio-catr,.e- 
lus, L. It is described by Xenophon, Aristotle. 
iElian, Diodorus, and others. Oppian calls it AibiiTjc 
7TTep6ev pordv aynvlodeipov, and again, p.trd orpov- 
dolo Kuiirfkov. "The length of its legs and of its 
neck," says Griffith, speaking of the ostrich, " and 
certain habits peculiar to it, have caused it to be 
compared to the camel. Eldemiri, in his ' History 
of Animals,' informs us, that the vulgar belief in 
Arabia is, that the ostrich is the production of a 
camel and a bird. From such approximations are 
derived the names which the ostrich has received 
in various countries. The Persian name of sutur- 
morg literally signifies camel-bird ; and it is the same 
with the strouthio-camelus of the Latins. We cannot, 
however, say with Aristotle, that the ostrich is of an 
equivocal nature, partly bird, partly quadruped ; but 
still we may aver that, in the chain of being, it evi- 
dently constitutes a link between the birds and the 
mammalia. Though decreed, from its bulk, to re- 
main upon the earth, and deprived of that faculty 
which is the eminent characteristic of its class, it 
has received in compensation a force and rapidity in 
the race far surpassing that of all other existing an- 
imals." 13 

STRUCTOR. (Vid. Ccena, p. 275 ) 

*STRYCHNUS or -UM (arpvxvoc or -ov), the 
herb Nightshade. " I cannot pretend," says Adams, 
" to unravel all the confusion which invests the sub- 
ject of the ancient strychni. BothCelsus and Pliny 



1. (Dion Cass., lvii., 8.) — 2. (Sutt., Tib., 34. —Dion Cans., 
lvii., 17.)— 3. (Suet., Cal.,42.— Dion Cass., lix., 24.)— 4. (Dion 
Cass., Ix., 6.)— 5. (Auson , Ep., xviii., 4.— Symm., Ep., x., 28.) 
— 6. (Aristot., H. A.,i., 9. — Id., iv., 4 ; v., 13. — Adams, Append., 
s. v.)— 7. (Non., xiv., 8.)— 8. (Catull., lxiv., 65.)— 9. (xiv., 66.) 
— 10. (Becker, Gallus, i., p. 321.)— 11. (Dioscor., ii., 192.— 
Theophr., H. P., vi., 4. — Adams, Append., s. v.) — 12. ( Adams, 
Append., s. v.)— 13. (Oppian. Hal., iv., 630. — Id., Cyvegr., ni.— 
Griffith's Civ'e"* o\ n , ~. 444, &c. — Adams, Apuend.. s ** 



STYRAX. 



SUCCESSIO. 



gtate tha.. the Strychnos of the Greeks was called 
Solanum by the Romans. The Latin writers of the 
Middle Ages term it Mamella. Apuleius describes 
four species : the first called Hortualis ; the second 
called Cacabum ; the third called Hypnotice somnif- 
cra, &c. ; the fourth, Furialis. Sprengel, in his an- 
notations on Dioscorides, arranges the strychni as 
follows : 1st. The aTpvxvoc KrjTracoc is the Solanum 
nigrum (common Nightshade), or S. miniatum. 2d. 
The a. ukiKiiKaboc is the Physalis Alkckengi, com- 
mon Winter-cherry. 3d. The c. vttvutikoc is the 
Physalis sommfera, or Cluster-leaved Winter-cherry. 
4th. The a. (xaviKoe is the Solanum Sodomeum, or 
Black-spined Nightshade. Theophrastus describes 
the first, third, and fourth species. Stackhouse sup- 
poses the last to be the Atropa belladonna, which, 
by-the-way, is generally supposed to be the plant 
which Buchanan calls ' Solanum somniferum,^ and 
describes very graphically. Woodville thinks this 
species (the fourth) either the Atropa belladonna 
or Solanum dulcamara. Stackhouse agrees with 
Sprengel regarding the first and third species. On 
the strychni of the ancients, see in particular Schulze 
{Toxicol. Veterum, c. 18), whose account of them 
agrees in the main with that given above." 1 

STULTO'RUM FE'RIJS. (Vid. Fornacalia.) 

S TUP RUM. {Vid /dulterium, Concubina, 
Incestum.) 

STYLUS. (Vid. Stilus.) 

*STYPT E'R I A (arvTtTnpia). " From the cir- 
cumstance alone of the localities in which Dioscor- 
ides says the arvKrvpia was found, namely, Melos, 
Lipari, Sardinia, &c, we can have no difficulty in 
deciding it to have been the Octohadral Alum of 
Jameson, i. c., Sulphate of Alumine and Potash. 
The ancients, however, have described several varie- 
ties, which have exercisod the ingenuity of the com- 
mentators to determine what they were. Alston 
calls the orvTTTTjpia axt-orri • alumen scissile vel plumo- 
sum.' He says, ' the true plumose or feathered alum 
is a salt, in colour and grain somewhat resembling 
amiantus, tasting like common alum.' Dr. Hill de- 
scribes the plumose alum as consisting of efflores- 
cences which hang from the rocks in certain islands 
of the Archipelago, where the earth is full of alum. 
These specimens were called rpixlrtq by the Greeks, 
as if composed of hairs. He alludes, I presume, to 
the Haar Salz (Hair Salt) of Werner, formerly sup- 
posed a variety of alum, but consisting, according to 
ivlaproth, of a mixture of the sulphates of magnesia 
and iron. Dr. Kidd states that the capillary or plu- 
mose alum consists of very delicate fibres like down. 
The vyprj, or liquid alum, according to Dr. Hill, was 
what drops through the fissures of stones : when 
this assumed a round form, it was called arpoyyvln, 
'round.' Dr. Milligan finds fault with Drs. Jame- 
son and Thompson for holding that the ancient alum 
consisted principally of the sulphate of iron : they 
were right, however, in regard to the alumen scissile, 
or hair alum, which, as we have stated, Klaproth 
found to contain sulphate of iron. This variety was 
therefore considerably different from the common 
GTv-KTvpia of the Greeks." 3 

♦STYRAX (arvpa^), a tree producing a resinous 
gum. The gum is called in Greek ro oTvpatj, and 
the tree which produces it 73 or 6 orvpat;. The gum 
is l:nown in the dispensatories by the name of Sty- 
rax or Storax. It has a fragrant odour, and an agree- 
able, slightly pungent, and aromatic taste ; it is 
stimulant, and in some degree expectorant. The 
storax of commerce is chiefly obtained from Asiatic 
Turkey. The arvpa^ naha/nirr], mentioned by Paulus 

m 1. (Theophr., H. P.. vii., 15 ; ix., 13.— Dioscor., iv., 71, 72. 73 
74.— Nicand., Ther., 75.— Adams, Append., s. v.)— 2. (Dioscor., 
v., 15>3.-Plin., H. N., xxxv., 52.— Celsus, ed Milligan, p. lt-2 — 
A.laiu Append., s. v.) 
I! 15 



iEgineta, is the Styrax calamita, so called because 
anciently packed up in reeds for safety of carriage. 
The styrax-tree is still called in the East istorak 01 
isterk. The gum was formerly much employed in 
medicine, but now is little used except in perfumes. 
Some suppose that the storax is the true thus Judczo- 
rum, presented by the Magi to the infant Saviour •, 
others, however, are in favour of the balm exuded 
by the Amyris. 1 

*SUBER (MUoe), the Cork-tree, or Quercus Su 

SUBLIGA'CULUM or SUCCINCTO'RIUM (Sia- 
fcfia, nepifa/Lia), Drawers. 2 This article of dress, or 
a bandage wound about the loins so as to answer 
the same purpose, was worn by athletes at the pub- 
lic games of Greece in the earliest ages (vid. Ath 
let.*: : $uaai. vvv 3 ) ; but the use of it was soon dis- 
continued, and they went entirely naked.* The Ro- 
mans, on the contrary, and all other nations except 
the Greeks, always adhered to the use of it in their 
gymnastic exercises. 5 It was also worn by actors 
on the stage, 6 by those who were employed in tread- 
ing grapes (vid. Torcular 7 ), and by the Roman 
popa at the sacrifices, and it then received the de- 
nomination oHimus, 6 which name was also applied 
to it as worn by Roman slaves. 9 The circumstance 
of the slaves in India wearing this as their only cov- 
ering, 10 is agreeable to the practice of modern slave- 
ry in the West Indies and other tropical countries 
Some of the ancient Gauls had such a contempt for 
death as to descend into the field of battle naked, 
with the exception of the subligaculum, or clothing 
for the loins. 11 

SUBSCRITTIO CENSO'RIA. (Vid. Infamia, 
Nota Censoria.) 

SUBSECI'VA. (Vid. Leges Agrari^e, p. 37.) 

SUBSIGNA'NI. (Vid. Army, Roman, p. 103.) 

SUBSTITUTIO. (Vid. Heres, Roman, p. 498.) 

SUBSTITU'TIO PUPILLA'RIS. ( Vid. Heres, 
Roman, p. 498.) 

SUBTE'MEN. (Vid. Tela.) 

SUBU'CULA. ( Vid. Tunica. ) 

SUCCE'SSIO. This word is used to denote a 
right which remains unchanged as such, but is 
changed with reference to its subject. The change 
is of such a nature, that the right, when viewed as 
attached to a new person, is founded on a preceding 
right, is derived from it, and depends upon it. The 
right must accordingly begin to be attached to the 
new person at the moment when it ceases to be at 
tached to the person who previously had it. Thus, 
in the case of the transfer of ownership by tradition, 
the new ownership begins when the old ownership 
ceases, and it only arises in case the former pos- 
sessor of the thing had the ownership ; that is, prior 
ownership is a necessary condition of subsequent 
ownership. This kind of change in ownership is 
called successio. It follows from the definition 01 
it that usucapion is not included in it. The suc- 
cessio of a heres is included ; for though there might 
be a considerable interval between the death and 
the aditio hereditatis, when the hereditas was once 
taken possession of, the act of aditio had, by a lega, 
fiction, relation to the time of the death. Thus 
whereas we generally view persons who posses! 
rights as the permanent substance and the rights as 
accidents, in the case of succession the right is the 
permanent substance, which persists in a series of 
persons. 

The notion of succession applies mainly, though 

1. (Dioscor., i., 79. — Paulus iEgin., vii., c. 11. — Adams, Ap- 
pend., s. v. — Encyc. Americ, s. v.) — 2. (Joseph., A. J., iii., 7, 
^ 1.)— 3. (Horn., Od., xviii., 30.)— 4. (Schol. in Horn., 11., xxiii., 
683.— Isid., Origr., xviii., 17.) — 5. (Thucyd., i., 6.— Schol. in loc. 

— Clem. Alex., P»dag.,iii., 9.— Isid., Orig., xix., 221.)— 6. (Cic, 
Dr Oflf..i., 35.)— 7. (Gcopon.,vi., 11.)— 8. (Virg.. JEn., xii., 120 

— Servjus in loc.)— 9. (Gell., N. A., xii., 3.) — 10. (Strabo. xt 
1. 6 73. jr. 15(i. ed Sieb.)— II. (Diod. Sic, v., 29.) 

029 



SUCCESS10. 



SYCOPHANTES. 



not exclusively, to property. With respect to the 
taw that relates to familia, it applies so far as the 
parts of the familia partake of the nature of property, 
such as the power of a master over his slave, and 
the case of patronatus and mancipii causa. Thus 
the patria potestas and the condition of a wife in 
manumaybe objects of succession. It applies also 
to the case of adoption. 

Successio is divided into singular succession and 
universal succession. These terms conveniently 
express the notion, but they were not Roman terms. 
The Roman terms were as follows : in universum 
jus, in earn duntaxat rem succedere ; x peruniversi- 
tatem, in rem succedere ; 2 in omne jus mortui, in 
singularum rerum dominium succedere ; 3 in univer- 
sa bona, in rei tantum dominium succedere. 4 

It is singular succession when a single thing, as 
an object of ownership, is transferred, or several 
things together, when they are transferred as indi-. 
vidual things, and not as having relation to one an- 
other in consequence of this accidental common 
mode of transfer. 

The object of universal succession is property as 
an ideal whole (universitas) without any reference 
to its component parts. Yet the notion of succes- 
sion applies as well to a fraction of this ideal whole 
as to the unit which this ideal whole is conceived 
to be ; for the whole property being viewed as a 
unit, it may be conceived to be divided into frac- 
tional parts without any reference to the several 
things which are included in the ideal whole. It 
was also consistent with this species of succession 
that many particular rights should be incapable of 
being transferred : thus, in the case of an hereditas, 
the ususfructus of the deceased did not pass to the 
heres, and in the case of adrogation neither the 
ususfructus nor the debts of the adrogated person, 
according to the old law. 

The object of universal succession is a universi- 
tas as such, and it is by means of the words uni- 
versitas and universum that the Romans denote 
this kind of succession ; but it would be erroneous 
to infer from this use of the term that succession 
applies to all universitates. Its proper application 
is to property, and the true character of universal 
succession is the immediate passing over from one 
person to another of all the credits and debts that 
belong or are attached to the property. This hap- 
pens in the case of an hereditas, and in the case 
of adrogation as to most matters. The debts would 
be transferred by adrogation if this were not accom- 
panied with a capitis diminutio. Credits and debts 
could not be transferred by singular succession. 
The cases of universal succession were limited, and 
the notion could not be applied and made effectual 
at the pleasure of individuals. The most important 
cases of universal succession were the property of 
a deceased person ; as hereditas, bonorum posses- 
sio, fideicommissaria hereditas, and others of the like 
kind. The property of a living person might be 
transferred in this way, in the case of adrogatio, 
eonventio in manum, and the bonorum emtio. 5 In 
many other cases, though the object is to transfer a 
whole property, it is, in fact, effected by the transfer 
oi the several things : the following are instances 
•of this kind of transfer, the gift of a whole property, 
*>r its being made a dos, or being brought into a so- 
cietas, or the sale of an hereditas by a heres. 

The notion of a universal succession among the 
•Romans appears to have been derived from the no- 
tion of the hereditas, to which it was necessary to 
attach the credits and debts of the deceased and 
the sacra. Other instances of universal succession, 

i, (Dig. 21, tit. 3, s. 3.)— 2. (Gaius, ii., 97.— Dig. 43, tit. 3, s. 
1.) — 3. (Dig-. 29, tit. 2, s. 37 )— 4. (Dig. 39, tit. 2, s. 24.1 — 5. 
<£aius, ii., 98.) 



such as the bonorum possessio, grew out of the no- 
tion of the hereditas ; and it was found convenient 
to extend it to other cases, such as adrogation. 
But, as already observed, the extension of the no- 
tion was not left to the pleasure of individuals, and, 
accordingly, this doctrine was, to use a Roman 
phrase, juris publici. 

The words successio, successor, succedere, by 
themselves, have a general meaning, and comprise 
both kinds of succession. Sometimes these words, 
by themselves, signify universal succession, as ap- 
pears from the context, 1 and by such expressions as 
heredes ceterique successores. In other cases the 
kind of succession is denoted by appropriate words, 
as per universitatem succedere, acquirere, transire, 
in universum jus succedere, &c, in the case of uni 
versal succession ; and in rem, in rei dominium, in 
singularum rerum dominium succedere, &c, in the 
case of singular succession. 

In the phrase " per universitatem succedere," the 
notion oi universal succession is not directly ex- 
pressed ; for the phrase has immediate reference 
to the acquisition of a single thing, and it is only by 
means of the word universitas that we express the 
notion that the acquisition of the individual thing is 
effected by means of the acquisition of the whole. 3 

SUCCESSOR. (Vid. Successio.) 

SUCCINCTO'RIUM. (Vid. Subligaculum.) 

♦SUCCTNUM, the Latin name for Amber, founded 
on the belief that it consisted of the resinous j uice 
(succus) of certain trees, which had in the course oi 
time become mineralized in the earth. ( Vid. Elec- 
trum.) 3 

*SYC'ALIS (cvkoIlc), " a small bird, called by 
the Italians Becquefigo. Its Latin name is Ficedula. 
Brookes says it is the same bird which is called Pet- 
tichaps in Yorkshire, being about the size of a lin- 
net. He alludes, probably, to the Motacilla hypola- 
is, L." 4 

*SYCAMTNOS (ovKafavoc). (Vid. Morea.) 

*SYCE ((JVKTj), the fig-tree, properly called Ficus 
Carica. " The wild fig-tree is called epivebcby Ho- 
mer. The cvKTj klyvivTLrj, called also Kt-puvia, is the 
Ficus religiosa according to Stackhouse, but ac- 
cording to Schneider the Ceratonia silijua, L., or 
Carob-tree. The avurj ' A.le^av6peia is the Pyrus 
amelanchier according to Sprengel, the Lonicera 
Pyrenaica according to Stackhouse. The cvkti 'lv- 
dui-ri is the Ficus Indica, or Banya.j, according to 
Sprengel, the Rhizophora mangle, or Mangrove, ac- 
cording to Stackhouse. The Banyan, or Indian Jig- 
tree, is noticed by Theophrastus, Pliny, Strabo, l)io- 
dorus Siculus, Quintus Curtius, Arrian, and Athe- 
naeus." 5 

♦SYCOM'OROS or -ON (cvKopopoc, -ov), the Syc- 
amore-tree, or Ficus Sycomorus. (Vid. Morea.) 

SYCOPHA'NTES (avKo^dvrng). At an early pe- 
riod in Attic history, a law was made prohibiting the 
exportation of figs. Whether it was made in a time 
of dearth, or through the foolish policy of preserving 
to the natives the most valuable of their produc- 
tions, we cannot say. It appears, however, that 
the law continued in force long after the cause of 
its enactment, or the general belief of its utility 
had ceased to exist, and Attic fig-growers export- 
ed their fruit in spite of prohibitions and penalties. 
To inform against a man for so doing was consid- 
ered harsh and vexatious, as all people are apt to 
think that obsolete statutes may be infringed w th 
impunity. Hence the term ovKofavretv, which ori- 
ginally signified to lay an information against another 

1. (Gaius. iii., 82.) — 2. (Savigivy, System, &c, iii., p. 8. — 
Gaius, ii., 97, &c. — Austin's Outlines of a Course of Lectures on 
General Jurisprudence may also be consulted as to the subject ol 
this article.) — 3. (Moore's Anc. Mineral., p. 105.) — 4. (Adams, 
Append., s. v.) — 5. (Theophr., II. P., i., 5 ; ii., 3 ■ iv., 2, 4. — Di 
oscor., i., 181. — Eustath. ad II., vi., 423. — Adaus. & ppend., s. v 1 



SFCOPH ANTES. 



SUFFRAGIUM 



for eipo'iing figs, came to be applied to all ill-na- 
tured, malicious, groundless, and vexatious accusa- 
tions. It is defined by Suidas -ipEvdtig rivog na-n- 
yopelv. 1 As to a different origin of the word, see 
Bockh. 8 

ZvkoQuvttjc, in the time of Aristophanes and De- 
mosthenes, designated a person of a peculiar class, 
not capable of being described by any single word 
in our language, but well understood and apprecia- 
ted by an Athenian. He had not much in common 
with our sycopha?it, but was a happy compound of 
the common barretor, informer, pettifogger, busybody, 
rogue, liar, and slanderer. The Athenian law per- 
mitted any citizen (top (3ovX6/ievov) to give informa- 
tion against public offenders, and prosecute them 
in courts of justice. It was the policy of the legis- 
lator to encourage the detection of crime, and a 
reward (such as half the penalty) was frequently 
given to the successful accuser. Such a power, 
with such a temptation, was likely to be abused, 
unless checked by the force of public opinion or 
the vigilance of judicial tribunals. Unfortunately, 
the character of the Athenian democracy and the 
temper of the judges furnished additional incentives 
to the informer. Eminent statesmen, orators, gen- 
erals, magistrates, and all persons of wealth and in- 
fluence, were regarded with jealousy by the people. 
The more causes came into court, the more fees 
accrued to the judges, and fines and confiscations 
enriched the public treasury. The prosecutor, 
therefore, in public causes, as well as the plaintiff 
in civil, was looked on with a more favourable eye 
than the defendant, and the chances of success 
made the employment a lucrative one. It was not 
always necessary to go to trial, or even to com- 
mence legal proceedings. The timid defendant was 
glad to compromise the cause, and the conscious 
delinquent to avert the threat of a prosecution by 
paying a sum of money to his opponent. Thriving 
informers found it not very difficult to procure wit- 
nesses, and the profits were divided between them. 
According to Theophrastus, 3 Athens was full of Ai- 
'jvvookoAukuv nai XuTrodvTuv nai ifjEvdofxaprvpuv nai 
avKodavruv nai ipevdoK?\,7]Tr}puv. The character of 
ihe cvKofyuvrai will be best understood by the ex- 
amples and descriptions found in the Attic writers. 
Aristophanes directs the keenest edge of his satire 
against them. 4 Demosthenes says : novnpbv 6 ov- 
notpuvrnc nai (3aat<avov icai (piXaircov. 5 'LvKO^avrelv 
TpiuKovra pvug in Lysias, 6 signifies " to extort thirty 
minas by sycophant-like practices." 7 That the in- 
crease of litigation and perjury was in some meas- 
ure owing to the establishment of clubs and politi- 
cal associations, and the violence of party spirit, 
may be gathered from various passages of the Attic 
writers. 15 

The Athenian law did indeed provide a remedy 
against this mischievous class of men. There was 
a ypaqrj ovKoQavriac tried before the thesmothetae. 
Any person who brought a false charge against 
another, or extorted money by threat of legal pro- 
ceedings, or suborned false witnesses, or engaged 
in a conspiracy to ruin the character of an innocent 
man, was liable to this ypayfj. He might also be 
proceeded against by <pdaic, evdeifjic, tnrayuyif, izpo- 
6o'at}, or tloayycAia. 9 (See articles Phasis, &c.) 
The trial was an uyiov Tifj-nroc. The heaviest pun- 
ishment might be inflicted, together with an/uia 
and confiscation of property. Besides this, if any 

1 (Stcph.,The8aur.,8873, b.)— 2. (Staatsh. der Athen., i., 46.) 
— 2. (ap. Athen., vi., 254, b.) — 4. (Sec particularly Acharn., 818 ; 
Aves, 1410; Plut., 850 )— 5. (De Coren., 307.— Compare c. Eu- 
bul., 1309.)— 6. (c. Evand., 177, ed. Stcph.) — 7. (See farther, 
l<ys., Arm- Kara\. AiroX., 171. — iEsch., De Fals. Leg., 36, ed. 
Steph. — Demosth., De Cor., 291. — Xen., Mem., ii., 9, 9 4 ; De 
Rep. Ath., i., 4.) —8. (Thucyd., viii., 54.— Dem., c. Bceot., De 
Dote, 1010 ; c Pantaen., 978; c. Zenoth., 885.)— 9. (J2sch., De 
Fata Leg., 47, ed. Steph.— Dem. c. Theocr., 1325.) 



man brought a criminal charge against another, ana 
neglected to prosecute it (etze^eaOeIv), he was liable 
to a penalty of 1000 drachmas, and lost the privi- 
lege of instituting a similar proceeding in future, 
which was considered to be a species of urtfiia. 1 
The same consequence followed if he failed to ob- 
tain a fifth part of the votes at the trial. The enu- 
6e?ua in civil action was a penalty of the same kind, 
and having the same object, viz., to prevent the 
abuse of legal process, and check frivolous and un- 
just actions. Such were the remedies provided by 
law, but they were found inefficacious in practice ; 
and the words of Aristophanes 2 were not more se 
vere than true : " there is no charm against the 
bite of a ovKotpavTvc." 3 

STKO^ANTFAS TPAW. (Vid. Sycophantes.) 
SUDA'TIO, SUDATO'RIUM. (Vid. Baths, p. 
149.) 

*SYENITES LAPIS (Zvevirrjc Atdog), a species 
of stone quarried near Syene in Upper Egypt, 
whence its name. " Of this," says Dr. Moore, 
" were for-med those celebrated obelisks described 
by Pliny, and which are still gazed at with wonder 
either in Egypt or at Rome. This stone is classed 
by Winckelmann with granite, of which, he says, 
Egypt furnished two varieties, one red and whitish, 
of which are formed these obelisks and many stat- 
ues ; the other white and black, peculiar, as he 
thinks, to Egypt." 4 

SUFFRA'GIA SEX. (Vid. Equites, p. 416.) 
SUFFRA'GIUM, a vote. At Athens, the voting 
in the popular assemblies and the courts of justice 
was either by show of hands or by ballot, as is ex- 
plained under Cheirotonein and Psephos. It is 
commonly supposed that at Rome the people weie 
always polled in the comitia by word of mouth, tili 
the passing of the Leges Tabellariee about the mid- 
dle of the second century before Christ (vii. Tabel- 
lariee Leges), when the ballot by means of tabellse 
was introduced. (Vid. Tabella.) Wunder, 5 how- 
ever, has shown that the popular assemblies voted 
by ballot, as well as by word of mouth, long before 
the passing of the Leges Tabellariae, but that, in- 
stead of using tabellae, they employed stones or peb- 
bles (the Greek ipTjQot), and that each voter received 
two stones, one white and the other black, the for- 
mer to be used in the approval, and the latter in the 
condemnation of a measure. The voting by word 
of mouth seems to have been adopted in elections 
and trials, and the use of pebbles to have been con- 
fined to the enactment and repeal, of laws. That 
the latter mode of voting was adopted in early 
times is proved by many passages of Dionysius, 
and especially by x., 41 : d)c 6 dijfioc utttjtei rag ipf/- 
<povg, ol veuraroi tuv irarpiKiuv — rd dyyeia tuv 
Tprj(p(i)VTovc exovrac acpypovvTo; andxi.,52: knEAtvcav 
Kadioitov redr/vcu vizep tt)c noAEug 'Pufzaiuv, kgl6' EKaa- 
TTjv (pvTiTjv, etc bv uirodr/aovTa', rug ipfjtyovg. It is also 
confirmed by the common expressions used with 
respect to voting, as suffragium ferre, milterc in 
suffragia, inire, or ire in suffragia, which lead us to 
suppose that the suffragium probably signified some 
thing which was put by the hand from one place 
into another. For if the Romans had from the first 
been polled only by word of mouth, it is scarcely 
possible that such an expression as suffragium ferre 
would have been used when they had nothing to 
carry ; but, on the contrary, some such word as 
dicere would have been employed, more especially 
as it is certain that in the most ancient times those 
who voted by word of mouth did not go up one by 
one to the officer who received the votes, but re- 

1. (Dem., c. Mid., 548 ; c. Theocr., 1323.)— 2. (Plutus, 885.) 
—3. (Vid. Platner, Pror.. und Klag., ii.. 104. — Meier. Att. Proc, 
335— Schomann, Ant. Jur. Pub. Gr., 101, 185.— Wacnsmuth, I., 
ii., 157. — Pollux, Onom., viii., 31, 46, 47, 88.)— 4. (Moore's Auc. 
Mineral., p. 82.)— 5. (Codex Erfu* cm-is, p. clxvu., die.) 

931 



SI LLOGEIS. 



SYMBOLAION. 



mained in their places, and were asked for t. ^ir 
votes by the rogatores, who thence derived t'r 3ir 
name. Besides which, the word suffragium can 
scarcely signify the same as sententia or vox. The 
etymology is -uncertain, for the opinions of those 
who connect it with <$>pd&odai or fragor do not de- 
serve notice. Wunder thinks that it may possibly 
be allied with suffrago, and signified originally an 
ankle-bone or knuckle-bone. On the passing of the 
Leges Tabellariae, the voting with stones or pebbles 
went out of use. For farther particulars with re- 
spect to the voting in the comitia, see Comitia, p. 
295, Diribitores, Situla, Tabella, Tabellari^ 
Leges. 

Those who had the jus suffragii, or the right of 
voting in the comitia, as well as the capacity of en- 
j oying magistracies, were citizens optimo jure. ( Vid. 
Civitas, Roman, p. 261.) 

SUGGESTUS means in general any elevated 
place made of materials heaped up (sub and gero), 
and is specially applied : 1. To the stage or pulpit 
from which the orators addressed the people in the 
comitia. (Vid. Rostra.) 2: To the elevation from 
which a general addressed the soldiers. 1 3. To the 
elevated seat from which the emperor beheld the 
public games, 2 also called cubiculum. (Vid. Cubic- 
ulum.) 

SUGGRUNDA'RIUM. (Vid. Funus, p. 460.) 

SUI HERE'DES. (Vid. Heres, Roman, p. 497, 
498.) 

SULAI (ovlai). When a Greek state, or any of 
its members, had received an injury or insult from 
some other state or some of its members, and the 
former was unwilling ojp not in a condition to de- 
clare open war, it was not unusual to give a com- 
mission or grant public authority to individuals to 
make reprisals. This was called ovlaq or cvXa, 
6td6vai. 3 Polybius 4 calls it ld<pvpov or fivaia Karay- 
yclheiv. Thus, when the Lacedaemonians thought 
the Athenians had broken the treaty with them by 
making incursions from Pylus, they issued a proc- 
lamation that any of their subjects might commit 
depredations on the Athenians (lyifrodat tovc 'Ady- 
vaiovg 5 ). Demosthenes 5 declares that the deputy 
captains of triremes so misbehaved themselves in 
foreign countries, plundering everybody they came 
near, that no Athenian could travel safely 6ca tuq 
vtto tovtcjv dydpoTiyipiac Kal cvTiag KareGKevaG/nevac, 
where dvdpolyipiac refers to the arrest of the person, 
cv'Aag to the seizure of goods. Suidas explains avXat 
by the synonymy avWri^uq. As to dvdpolrj-^iat for 
another purpose, see Phonos. In the vcivtikt] ovy- 
ypafyrj in the speech of Demosthenes, 7 one of the 
conditions is that goods may be landed only ottov av 
uri crvTiat oGiv 'Advvaioic, " where no hostilities are 
exercised against Athenians." The people of Athens 
passed a special decree to authorize privateering ; 
and when any booty was taken by Athenian sub- 
jects, they reserved to themselves the right of de- 
termining whether it was lawfully taken, whether 
it ought to be kept or restored, and what should be 
done with it. 8 The ancient practice may be com- 
pared with the modern one of granting letters of 
marque and reprisal. 9 

SYLLOGEIS (ovTCkoyeig), usually called SvAAo- 
yelg rov 5f/uov, or the collectors of the people, were 
special commissioners at Athens, who made out a 
list of the property of the oligarchs previously to its 
confiscation. 10 They formed an apxv, 11 and seem to 
have been introduced after the dominion of the 



1. (Tacit., Hist., i., 35.)— 2. (Suet., Jul., 76.— Plin., Paneg., 
51.) — 3. (Demosth., c. Lacrit., 931. — Lysias, c. Nicom., 185, ed. 
Steph.)— 4. (iv., 26, 36, 53.) — 5. (Thucyd., v., 115.)— 6. (De 
Coron. Trierarch., 1232.) — 7. (c. Lacr., 927.) — 8. (Dem., c. 
Timocr., 703.— Argum., 694, 695.)— 9. (Harpocr., s. v. StfAus.— 
Schomunn, De Gomit., 284.— Id., Ant. Jur. Pub. Gr., 367.)— 10. 
fl.ex Rhet., p. 304, Bekker.)— 11. (Harpocr., s. v. ZuAAo}^ ) 
932 



Thirty Tyrants. It appears from an inscription 
that the vvWoyelc had to attend to the sacred rit^a 
connected with the worship of Athena and the 
Olympian Zeus, whence Boekh conjectures that 
they collected or summoned the citizens to certair 
sacred rites, in which the people were feasted, and 
that from this circumstance they derived their 
name : the property of the oligarchs, of which they 
are said to have made out a list for the purpose of 
confiscation, may have been applied to these public 
banquets, since confiscated property was not un- 
frequently divided among the citizens. 1 

*SULPHUR. (Vid. Theion.) 

SULPFCLE LEGES. (Vid. Lex, p. 586.) 

SYMBOLAION, SYNALLAGMA, SYNTHEOE 
(av/i662,aiov, avvdlXayfia, cvvdrjKri), are all words 
used to signify a contract, but are distinguishable 
from one another. "Lvfito'Xaiov is used of contracts 
and bargains between private persons, and peculiar- 
ly of loans of money. Thus av/u.6a?ielv etc dvopdito- 
6ov is to lend upon the security of a slave. 3 2wa/t- 
layfia signifies any matter negotiated or transacted 
between two or more persons, whether a contract 
or anything else. 3 Ivvdr/ny is used of more solemn 
and important contracts, not only of those made 
between private individuals, but also of treaties and 
conventions between kings and states. 4 

As to the necessity or advantage of having written 
agreements between individuals, see Syngraphe. 
National compacts, on account of their great im 
portance, and the impossibility of otherwise pre- 
serving evidence of them, were almost always com- 
mitted to writing, and commonly inscribed on pillars 
or tablets of some durable material. 5 Upon a 
breach, or on the expiration of the treaty, the pillars 
were taken down. 6 

For breaches of contract actions were maintain- 
able at Athens, called cvfiSo'Aaiuv (or ovvdvicuv) Trap* 
a6dasuc dcKai. 7 Such actions, it is apprehended, 
applied only to express contracts, not to obligations 
ex delicto, or the uKovaia avvaTiXdy^ara of Aristotle. 8 
Thus, if I had promised to pay a sum of money by 
a certain day, and failed to perform that promise, 
an action for breach of contract would have lain at 
Athens. But if my cow had broken my neighbour's 
fence, my obligation to repair the damage would 
have given rise, not to an action for breach of con- 
tract, but to a 5lkt) (3?id67}c. 9 On the other hand, a 
diK-rj (3M6rjg would lie against a person who had 
committed a breach of contract ; for he was regard- 
ed as a wrongdoer, and liable to pay compensation 
to the party injured. Therefore Dionysodorus, who 
had failed to perform the conditions of a vovtikt] 
avyypatpy, had a diny fildbrjc brought against him by 
the persons who lent him money on his ship. 10 The 
Athenian law frequently gave an option between 
various forms of action. It is not, however, im- 
probable that the 6'lktj gvvOtjkcjv irapaddoEoc was 
only one species of the dinrj fildftrjc, and the name 
one of a less technical kind. Wherever a debt had 
become due to a man by reason of some previous 
contract, we may suppose that he had the option 
between an action of debt (xpeovc) and one for 
breach of contract. The same observation will 
apply • to the dUai napaKarad^Kyg, dpyvpiov, and 
others of a similar kind. The main point of differ- 
ence might be this: that in a general action for 

1. (Corpus Inscr. Grac, No. 99, p. 137, 138 ; No. 157, p. 250.) 
—2. (Dem., c. Aphob., 822 ; c. Zenoth., 884. ; c. Phorm., 907 . 
c. Timoth., 1185 ; c. Dionys., 1284.) —3. (Dem., c. Onet., 8$7. 
869 ; c. Timocr., 760.)— 4. (Thucyd., i., 40 ; v., 18 ; viii., 37.— 
Xen., Hell., vii., 1, $ 2— Dem., De Rhod., lib. 199.— De Ccron., 
251 ; c. Aristog., 774. — Dinarch., c. Demosth., 101, ed. Sieph.) 
—5. (Thucyd., v., 23, 47.— Vid. Aristoph., Ach., 727.)— 6 (De- 
mosth., Pro Megalop., 209.) — 7. (Pollux, Ouom., vi., 153 ; viii , 
31.)— 8. (Ethic. Nicom., v., 4.)— 9. (Meier, Att.Proc, 476, 477.J 
— 10. (Demosth., 1282.— See also Pro Phorm., 950; s. Callipp.. 
1240.t 



SYMBOLON, APO, DIKA1. 



SYMPHYTOlN. 



Breach of contract, the plaintiff went for unliquidated 
damages, which the court had to assess ; whereas, 
upon a claim to recover a debt or sum certain, or a 
specific chattel, the court had nothing more to do 
than to determine whether the plaintiff was entitled 
to it or not ; the ayiov was drifivTog. All such ac- 
tions were tried before the fieo-fiodsTai. 1 

'Ofio7ioyl.a appears to be a word of less technical 
nature than awd/jan, though (as we might expect 
in words of this sort) they are often used indiffer- 
ently. Grammarians make them synonymous. 2 
"Zwdfjnag TcouloQat or Ttdeadai jiitu. rivog is to make 
an agreement with any one ; e/nfievciv ralg ovvdr/icaig, 
to abide by it ; invepSaiveiv or napaOaiveiv, to break 
or transgress. Here we may observe that ovvdfjnai 
is constantly used in the plural instead of ovvdrjicn, 
the only difference being that strictly the former 
signifies the terms or articles of agreement, in the 
same manner as 6iad/~/Kai, the testamentary disposi- 
tions, is put for diadf/Kn, the will. 2.vfj,6o?.ov also 
signifies a compact or agreement, but had become 
(in Attic parlance) obsolete in this sense, except in 
the expression dinai dirb ov/j.66?i,uv. (Vid. Symbo- 
lox, &c.) 

STMBOAAl'QN IIAPABA'SEaS A1KH. (Vid. 
Symbolaion.) 

2YMB0AQN, ATIO, AIKAI (av^oluv, and, SUai). 
The ancient Greek states had no well-defined inter- 
national law for the protection of their respective 
members. In the earlier times troops of robbers 
used to roam about from one country to another, 
and commit aggressions upon individuals, who in 
their turn made reprisals, and took the law into 
their own hands. Even when the state took upon 
itself to resent the injury done to its members, a 
violent remedy was resorted to, such as the giving 
authority to take avXa or pvata, a sort of national 
distress. As the Greeks advanced in civilization, 
and a closer intercourse sprang up among them, 
disputes between the natives of different countries 
were settled (whenever it was possible) by friendly 
negotiation. It soon began to be evident that it 
would be much better if, instead of any interference 
on the part of the state, such disputes could be 
decided by legal process, either in the one country 
or the other. Among every people, however, the 
laws were so framed as to render the administra- 
tion of justice more favourable to a citizen than to a 
foreigner ; and, therefore, it would be disadvantage- 
ous, and often dangerous, to sue a man, or be sued 
by him, in his own country. The most friendly re- 
lation might subsist between two states, such as 
GVfi/iaxia or eTuyafiia, and yet the natives of each 
be exposed to this disadvantage in their mutual in- 
tercourse. To obviate such an evil, it was neces- 
sary to have a special agreement, declaring the 
conditions upon which justice was to be reciprocally 
administered. International contracts of this kind 
were called av/x6oAa, defined by Suidas thus : cvvdrj- 
<at ag av aXkrfkaig at n6?^Eig fiipievai Tdrraat rolg 
ToXiraic, ugte didbvat nai Aap.6dvEtv to. dUaia ; and 
the causes tried in pursuance of such contracts 
were called ducat aire gv{i66ag)v. The more constant 
and more important the intercourse between any 
two nations, the more necessary would it it be for 
them to establish a good system of international 
jurisprudence. Commercial people would stand in 
need of it the most. Aristotle mentions the Tus- 
cans and Carthaginians as having avfj.6oAa Kepi tov 
ujf ddcuelv.' No such agreement has been preserved 
to us, and we know but little about the terms that 
were usually prescribed. The basis of them seems 
to have been the principle that actor sequitur forum 

1. (Meier, Att. Proc, 67, 184,493-497, 510.) -2. (Harpocr., s. 
v. ' A.cuvOcru)raTov.—Saidds, s. v. Eia 6/7/07.)— 3. (F-dit., iii., 1,3, 
iiul 5, 10 ) 



rci ; but this, as well as other conditions, must have 
varied according to circumstances. Liberty of per- 
son and protection of property would no doubt be 
secured to the foreigner as far as possible ; and it 
would be the duty of the Trpo&vog to see that these 
rights were respected. A common provision was, 
that the party who lost his cause might appeal 
to the tribunal of the other country, or to that of 
some third state mutually agreed upon. 1 This was 
perhaps suggested by the practice which had grown 
up, of referring national quarrels to the arbitration 
of some individual or third state.* 

When the Athenians made any such treaty, they 
required it to be approved of and finally ratified by 
a jury of the heliaea, under the direction of the thes- 
mothetae. Hence Pollux 3 says of those magistrates, 
rd avfidoAa rd rrpbg rag noXeig nvpovotv. The other 
contracting state was therefore compelled to send 
an envoy to Athens, with power to conclude the 
treaty (if he thought fit) as it was drawn up and 
settled by the thesmothetas and jurors. Most of the 
people with whom the Athenians had to deal were 
either subject or inferior to them, and were content 
to acquiesce in the above regulation. Philip, how- 
ever, would not submit to it, and demanded that 
the terms should receive final ratification in Mace- 
donia. This demand is made the subject of com 
plaint by Demosthenes.* 

The name of dUat u-nb avfi66?Mv was given also 
to the causes which the allies of the Athenians sent 
to be tried at Athens. 5 This fact has been called 
in question by Bockh, but there is not much reason 
for doubting it. It is true that the expression is 
not strictly applicable to causes, not between an 
Athenian and a foreigner, but between two foreign- 
ers ; and it may be allowed that the object of the 
Athenians in bringing such causes to Athens was, 
not to give the allies a better or speedier means of 
obtaining justice, but to secure certain advantages 
to the imperial city. 6 It is, however, not improba- 
ble that the arrangement was called av/j.6oAa for the 
very purpose of softening the harshness of the meas- 
ure, by giving an honourable name to that which, 
in reality, was a mark of servitude. For the same 
reason, the confederate states were called ovfi/naxoi, 
allies, while in point of fact they were rather vtttj 
kool, or subjects. 

These causes were tried in the summer months, 
when the voyage to Athens was more convenient, 
and (like all other Sinai, dizb cv{i66auv) belonged tc 
the jurisdiction of the thesmothetae. We have but 
one example of such a cause preserved to us, viz., 
the speech of Antiphon on the death of Herodes. 
where both the prosecutor and the defendant are 
natives of Mytilene. 7 

As to the ai'fi6oAa given to the jurors, see Dicas- 
tes. 

SYMBOULOI (cvfifovloc). (Vid. Paredroi.) 

SYMMORI A (ov/ifiopia). ( Vid. Eisphora, p. 392 , 
Trierarchia.) 

*SYM'PHYTON (ov^vtov), a plant having heal- 
ing properties, Wallwort or Comfrey. The name 
is derived from its great efficacy in healing wounds, 
causing, as it were, the lips of the wound to grow 
together rapidly : hence the language of Pliny . 
" Vulneribus sanandis tanta praslantia est, ut carries 
quoque, dum coquuntur, conglutinct addita : unde et 
Graci nomen imposuere" The first species of Dios- 
corides was the ovfupvTov Trerpaiov, which, accord- 
ing to Sprengel, is the Coris Monspcliensis. Pliny 



1. (Etyra. Magn., s. v. "Ek/cA^to? vdXts.)— 2. (Thucyc..i.. 34, 
78, 140 ; v., 41 ; vii., 18. — Schomann, Ant. Jur. Pub. Gr., 367.) 
—3. (viii., 88.) — 4. (De Halon., 78.)— 3. (Pollux, Onom., viii., 
63.)— 6. (Xen., De Rep. Ath., i., 16.)— 7. (Harpocr., s. v. Zti/i- 
6o\a. — Thucyd., i., 77, c. not. GSUer. — Platner, Proc. und 
Klag., i., 105-114.— Meier, Att., Proc, 67, 773.— Wachomuth. I., 
i. °3 133; II., i., 194.— Schomann, Ant. Jur. Pub. Gr., 376.) 

933 



SUMTUAR1..E LEGES. 



SYNDICOS. 



says this species was called Alum by the Romans. 
The second species of Dioscorides, which Apuleius 
says was called Consolida by the Romans, was in 
all probability the Symphyton officinale, or Comfort. 1 

SYMPOSION {avfircoaiov). {Vid. Symposium.) 

SUMTUA'RIiE LEGES, the name of various 
laws passed to prevent inordinate expense (sumtus) 
in banquets, dress, &c. 2 In the states of antiquity 
it was considered the duty of government to put a 
check upon extravagance in the private expenses 
of persons, and among the Romans in particular we 
find traces of this in the laws attributed to the kings 
and in the Twelve Tables. The censors, to whom 
was intrusted the disciplina or cura morum, punish- 
ed by the nota censoria all persons guilty of what 
was then regarded as a luxurious mode of living : a 
great many instances of this kind are recorded. 
[Vid. Nota Censoria, p. 665.) But as the love of 
luxury greatly increased with the foreign conquests 
of the Republic and the growing wealth of the na- 
tion, various leges Sumtuariae were passed at differ- 
ent times with the object of restraining it. These, 
however, as may be supposed, rarely accomplished 
their object, and in the later times of the Republic 
they were virtually repealed. The following is a 
list of the most important of them, arranged in 
chronological order. 

Oppia, proposed by the tribune C. Oppius in the 
consulship of Q. Fabius and Ti. Sempronius, in the 
middle of the second Punic war, B.C. 215, enacted 
that no woman should have above half an ounce of 
gold, nor wear a dress of different colours, nor ride 
in a carriage in the city or in any town, or within a 
mile of it, unless on account of public sacrifices. 
This law was repealed twenty years afterward, 3 
whence we frequently find the lex Orchia mention- 
ed as the first lex Sumtuaria. Tacitus 4 speaks of 
Oppia± leges. 

OpvChia, proposed by the tribune C. Orchius in 
the third year after the censorship of Cato, B.C. 181, 
limited the number of guests to be present at enter- 
tainments. 5 It appears that M. Cato was at first 
opposed to this law, but afterward supported it. 6 

Fannia, proposed by the consul C. Fannius B.C. 
161, limited the sums which were to be spent on 
entertainments, and enacted that not more than 100 
asses should be spent on certain festivals named in 
the lex, whence it is called Centussis by Lucilius ; 
that on ten other days in each month not more than 
30 asses, and that on all other days not more than 
10 asses should be expended : also, that no other 
fowl but one hen should be served up, and that not 
fattened for the purpose. 7 

Didia, passed B.C. 143, extended the lex Fannia 
to the whole of Italy, and enacted that not only 
those who gave entertainments which exceeded in 
expense what the law had prescribed, but also all 
who were present at such entertainments, should 
be liable to the penalties of the law. We are not, 
however, told in what these consisted. 9 

Licinia agreed in its chief provisions with the lex 
Fannia, and was brought forward, we are told, that 
there might be the authority of a new law upon 
the subject, inasmuch as the lex Fannia was begin- 
ning to be neglected. It allowed 200 asses to be 
spent on entertainments upon marriage days, and 
on other days the same as the lex Fannia : also, 
that on ordinary days there should not be served up 
more than three pounds of fresh and one pound of 
salt meat. 9 Gellius 10 states that this law was 
brought forward by P. Licinius Crassus, but we do 

1. (Dioscor., iv., 9, 10. — Adams, Append., s. v.) — 2. (Gellius, 
ii., 24 ; xx., 1.)— 3. (Liv., xxxiv., 1, 8.— Val. Max., ix., 1, <) 3.)— 
1. (Ann., iii., 33, 34.)— 5.v(Ma*rob., Sat., ii., 13.)— 6. (Festus, 
i. v. PercunctaUim and Obsonitavere.) — 7. (Gell., ii., 24. — Ma- 
cro!)., Sat , 1. c— Plin., II. N., x., 50, s. 71.)— 8. (Macrob., 1. c.) 
—9. (Gell , Macrob., 11. cc.)— 10. (1. c.) 
931 



not know at what time, probably, however, »n tun 
praetorship, B.C. 103. 

Cornelia, a law of the dictator Sulla, B.C. 81, 
was enacted on account of the neglect of the Fan- 
nian and Licinian laws. Like these, it regulated 
the expenses of entertainments. 1 Extravagance in 
funerals, which had been forbidden even in the 
Twelve Tables, 2 was also restrained by a law of 
Sulla. 3 It was probably the same law which deter- 
mined how much might be spent upon monuments. 4 

JEmilia, proposed by the consul ^Emilius Lepi- 
dus B.C. 78, did not limit the expenses of enter- 
tainments, but the kind and quantity of food that 
was to be used. 5 Pliny 6 and Aurelius Victor 7 as- 
cribe this law to the consulship of M. iEmilius 
Scaurus, B.C. 115. It is not impossible that there 
may have been two iEmilian leges on the subject. 

Antia, of uncertain date, proposed by Antius 
Resto, besides limiting the expenses of entertain- 
ments, enacted that no actual magistrate, or magis- 
trate elect, should dine abroad anywhere except at 
the houses of certain persons. This law, however, 
was little observed ; and we are told that Antius 
never dined out afterward, that he might not se*. 
his own law violated. 

Julia, proposed by the dictator C. Julius Caesai, 
enforced the former sumtuary laws respecting en- 
tertainments, which had fallen into disuse. 8 Julius 
Caesar adopted strong measures to carry this law 
into execution, but it was violated when he was ab- 
sent from Rome. 9 He stationed officers in the 
provision-market to seize upon all eatables forbid 
den by the law, and sometimes sent lictors and sol 
diers to banquets to take everything which was not 
allowed by the law. 10 Cicero seems to refer to this 
law in two of his epistles. 11 

Julia, a lex of Augustus, allowed 200 sisterees 
to be expended upon festivals on dies profesti, 300 
upon those on the calends, ides, nones, and some 
other festive days, and 1000 upon marriage feasts. 
There was also an edict of Augustus or Tiberius, 
by which as much as from 300 to 2000 sesterces 
were allowed to be expended upon entertainments, 
the increase being made with the hope of securing 
thereby the observance of the law. 13 

Tiberius attempted to check extravagance in 
banquets ; 13 and a senatus consultum was passed in 
his reign for the purpose of restraining luxury, 
which forbade gold vases to be employed except 
for sacred purposes, and also prohibited the use of 
silk garments to men. 14 This sumtuary law, how 
ever, was but little observed. 15 Some regulations 
on the subject were also made by Nero, 16 and by 
succeeding emperors, but they appear to have been 
of little or no avail in checking the increasing love 
of luxury in dress and food. 17 

SYNALLAGMA {avvak'hay(ia). ( Vid. Symbolai- 
on.) 

SrrKAHTOS EKKAH2IA ( avyKlyroc IkkXtj 
oia). {Vid. Ecclesia, p. 383.) 

SYNDICOS (ovvdiKoc), an advocate, is frequently 
used as synonymous with the word cvvijyopoc, to 
denote any one who pleads the cause of another, 
whether in a court of justice or elsewhere. Zvvdt- 
nelv, also, is used indifferently with ovvriyopeZv or 
GvvayuvtfraOat. 1 * Thus the five public advocates, 



1. (Gell., Macrob., 11. cc.)— 2. (Cic, De Leg-., ii., 23-25.)— 3. 
(Plut., Sull., 35.)— 4. (Cic. ad Att., xii., 35, 36.)— 5. (Gell., Ma 
crob., 11. cc.)— 6. (H. N., viii., 57, s. 72.)— 7. (De Vir. 111., 72.; 
— 8. (Dion Cass., xliii., 25.) — 9. (Cic. ad Att., xiii., 7.) — 10 
(Suet., Jul., 43.)— 11. (ad Fam., vii., 26 ; ix., 15.)— 12. (Gell. 
1. c — Suet., Octav., 34.) — 13. (Suet., Tib., 34.) — 14. (Tacit. 
Ann., ii., 33.— Dion Cass., lvii., 15.)— 15. (Tacit., Ann., iii., 52 
53.)— 16. (Suet., Ner., 16.)— 17. (Platner, Exeicit. II. de Leg 
Sumt. Rom., 1752. — Boxmann, Dissert. Antiquar.-jurid. de Leg 
Rom. Sumt., Lugd. Bat., 1816.)— 18. (Andoc, De Myst., 19, ed 
Steph. — Demosth., c. Aristocr., 689 ; c Zeaoth., 885 : c. StepU 
1127.) 



SYNEDItOl 



SYNEGOROS 



"*ho were appointed to defend the ancient laws be- 
fore the court of heliasts when an amendment or 
a new law in abrogation thereof was proposed, are 
called both ovvdtnoc and ovvTJyopoi. As to them, 
see Nomothetes, and also Schomann, De Comit., 
255 ; Ant. Jur. Publ. Gr., 228. The name of avvdt- 
kqi seems to have been peculiarly applied to those 
orators who were sent by the state to plead the 
cause of their countrymen before a foreign tribunal. 
<Eschines, for example, was appointed to plead be- 
fore the Amphictyonic council on the subject of the 
Delian temple ; but a certain discovery having been 
made not very creditable to his patriotism, the 
court of Areopagus took upon themselves to remove 
iiim, and appoint Hyperides in his stead. 1 These 
extraordinary advocates are not to be confounded 
with the Pylagorae, or ordinary Amphictyonic dep- 
uties. 8 There were other ovvdinoi, who acted rather 
as magistrates or judges than as advocates, though 
they probably derived their name from the circum- 
stance of their being appointed to protect the in- 
terests of the state. These were extraordinary 
functionaries, created from time to time to exercise 
a jurisdiction in disputes concerning confiscated 
property » as when, for instance, an information 
was laid against a man for having in his possession 
the goods of a condemned criminal, or which were 
liable to be seized in execution on behalf of the 
state ; or when the goods of a convict having been 
confiscated, a claim was made by a mortgagee, or 
other creditor having a lien thereupon, to have his 
debt satisfied out of the proceeds. Such a claim 
was called kveirlaKvpiia, and to prosecute it kve-rn- 
(TKf/ipaadai. 3 On this subject the reader is referred 
to the speeches of Lysias, De Publ. Pecun., De Nic. 
Fratr. Pecun., De Aristoph. Pecun., and more espe- 
cially p. 149, 151, 154, ed. Steph. The first ap- 
pointment of these judicial cvvdiKoi took place after 
the expulsion of the thirty tyrants ; and one of their 
duties appears to have been to receive informations 
from the <j>i>2.apxoi against those persons who had 
served in the cavalry during the interregnum, and 
who, by a special decree of the people, were ordered 
to restore to the treasury all the pay which they 
had received for that service. 4 (Vid. Synegoros.) 
SY'NEDROI ( cvvedpoi ), a name given to the 
members of any council or any body of men who 
sat together to consult or deliberate. The congress 
of Greeks at Salamis is called owedpiov. 5 Frequent 
reference is made to the general assembly of the 
Greeks, to koivov tuv 'ETiXrjvuv avvidptov, at Cor- 
inth, Thermopylae, or elsewhere. 6 When the new al- 
liance of the Athenians was formed, after B.C. 377, 
upon fair and more equitable principles than the for- 
mer, the several states who were included therein 
were expressly declared to be independent, and a 
congress was held at Athens, to which each of the 
allied states sent representatives. The congress 
was called awiSptov, and the deputies ovve6poi, and 
the sums furnished by the allies owTat-etc, in order 
to avoid the old and hateful name of <p6poc, or trib- 
ute. 7 Many allusions to this new league are made 
by the orators, especially Isocrates, who strongly 
urges his countrymen to adhere to the principle on 
which the league was formed, and renounce all at- 
tempt to re-establish their old supremacy. 8 Per- 
haps the avvedpoi mentioned in the oath of the Ai- 
Kaarai are the Athenian members of this congress.* 
For farther information on the subject of this con- 

1. (Demosth., De Coron., 271, 272.)— 2. (Schumann, De Co- 
mit., 321 ; Ant. Jur. Pub. Gr., 257.) — 3. (Harpocr. and Suidas, 
t. v.) — 4. (Lysias, Pro Mant., 146, ed. Steph. — Harpocr., s. v. 
LvvdiKoi. — Meier, Att. Proc, 110. — Schomann, De Comit., 316.) 
— 5. (Herod., viii., 75, 79.) — 6. (iEsch., u. Ctesiph., 62, ed. 
Steph —Demosth., T\s,pi twv irpbi ' K\i\av6pov. 215.) — 7. (Har- 
pocr., s. v.— Pint.. Sol., 15 )— 8. (De Pace, 165, cd. Steph.)— 9. 
(Schomann, Att. Pi oc., 130.) 



federacy, see Schomann, Ant. Jur. Publ. Gr., 434.— 
Bockh, Staatsh. der Athen., i., 449. — Thirlwall, Hist. 
of Greece, vol. v., p. 42, 203. 

The name of Gvvidpiov was given at Athens to 
any magisterial or official body, as to the court of 
Areopagus ; x or to the place where they transacted 
business, their board or council-room. 3 

SYNEGORICON (ovvnyopiKov). (Vid. Synego- 

ROS.) 

SYNEGOROS (avvnyopoc) may be translated an 
advocate or counsel, though such translation will 
convey to the English reader a more comprehensive 
meaning than the Greek word strictly bears. 

According to the ancient practice of the Athenian 
law, parties to an action were obliged to conduct 
their own causes without assistance ; but, on the 
increase of litigation, the sciences of law and rhet- 
oric began to unfold themselves, and men who had 
paid no attention to these were unable to compete 
with more experienced opponents. To consult a 
friend before bringing an action, or about the best 
means of preparing a defence, were obvious expe- 
dients. It was but another step to have a speech 
prepared by such friend out of court, to be delivered 
by the party himself when the cause was brought 
to trial. A class of persons thus sprang up, some- 
what in the nature of chamber-counsel, who receiv- 
ed money for writing speeches and giving legal ad- 
vice to those who consulted them. Of this class 
Antiphon was the first who acquired any celebrity. 
Lysias, Isaeus. and Isocrates obtained considerable 
incomes by speech- writing. Demosthenes followed 
the same profession for some time, until his engage- 
ments in public business forced him to relinquish it..* 
These persons were called, not avvr/yopoi, but Xoyo- 
ypu<poL, a name applied to Demosthenes reproach- 
fully by his rival, who accuses him also of betraying 
his clients by showing the speeches which he had 
written to the adversary.* Still, whatever assist- 
ance the party might have received out of court, the 
law which compelled him to appear in person at 
the trial remained in force ; although the prohibi- 
tion to speak by counsel was so far relaxed, that if 
the party was labouring under illness, or through 
any physical or mental debility was unable to con- 
duct his own cause without manifest disadvantage, 
he might (by permission of the court) procure a rel- 
ative or friend to speak for him. Thus, when Mil- 
tiades was impeached for treason, and by reason of 
a gangrene in his hip was unable to plead his own 
cause, he was brought on a litter into court, and his 
brother Tisagoras addressed the people on his be- 
half. So, when Isocrates was ill, his son Aphareus 
spoke for him in the cause about the avridoaic. 
And in the speech of Demosthenes against Leocha- 
res, we see 5 that the son conducts his father's cause. 
As a general rule, the party was expected to address 
the court himself; for the judges liked to form an 
opinion of him from his voice, look, and demeanour ; 
and, therefore, if a man distrusted his own ability, 
he would open the case himself by a short speech, 
and then ask permission for his friend to come for- 
ward. 4 This was seldom refused ; and in the time 
of the orators, the practice was so well established 
that the principal speeches in the cause were not 
unfrequently made by the advocate. The defences 
by Demosthenes of Ctesiphon against yEschines, and 
of Phanus against Aphobus, may be cited as exam- 
ples. In both of these it will be seen that Demos- 
thenes was as much interested as the defendants 
themselves ; and it is farther to be observed, that 



1. (yEsch., c. Timarch., 13. — Dinarch., c. Demosth., 91, ed 

I Steph.) — 2. (Isocr., Tie pi 'AvTifioaews, 318, ed. Steph. — D«v- 

mosth., c. Thoorr.. 1324.)— 3. (Demosth., c. Zenoth., 890.) —4. 

fjEscti., c. Ctesiph,, 78; c. Timarch., 13, cd. Steph.) — 5. (p 

i lOol.)— 6. (Demosth., c. Phorm., 922 ; c. Neitr., 1349.) 

035 



SYNEGOROS. 



SYNEGOROS. 



tlie advocate was looked upon with more favour on 
this very account ; for, as no fees were allowed to 
be taken, a speaker was regarded with suspicion 
who had no apparent motive for undertaking the 
cause of another person. Hence we find in most 
of the avvnyopitcol Xoyot, that the speaker avows 
what his motives are ; as, for instance, that he is 
connected by blood or friendship with the one party, 
or at enmity with the other, or that he has a stake 
in the matter at issue between them. 1 In the cause 
against Leochares above cited, it is evident that the 
son had an equal interest with his father in preserv- 
ing the inheritance, and therefore he would be con- 
sidered in the light of a party. The law which pro- 
hibited the advocate from taking fees under peril 
■f a ypatyrj before the thesmothetae, 2 made no pro- 
vision (and perhaps it was impossible to make an 
effective provision) against an influence of a more 
pernicious kind, viz., that of political association, 
which induced men to support the members of their 
club or party without the least regard for the right 
or justice of the case. Hence the frequent allusions 
by the orators to the kpyaarripia avuotyavT&v, (J-oxOtj- 
ocjv dvOpcJTTov cvv£<jt7]k6tg)v, Trapacitevae. Xoyuv, jiap- 
Tvpuv, cvvidfjiOTuv, all which expressions have refer- 
ence to that system of confederation at Athens by 
which individuals endeavoured to influence and con- 
trol the courts of justice. (Vid. Eranos, Sycophan- 
tes. 3 ) That friends were often requested to plead, 
not on account of any incapacity in the party, but in 
order that by their presence they might exert an in- 
fluence on the bench, is evident from an attentive 
perusal of the orators. In some cases this might 
be a perfectly legitimate course, as where a defend- 
ant, charged with some serious crime, called a man 
of high reputation to speak in his behalf, and pledge 
himself thereby that he believed the charge was 
groundless. With such view ^Eschines, on his trial 
for misconduct in the embassy, prayed the aid of 
Eubulus and Phocion, the latter of whom he had 
previously called as a witness.* 

On criminal trials, the practice with respect to 
advocates was much the same as in civil actions, 
only that it seems to have been more common to 
have several speakers on the part of the prosecu- 
tion ; and in causes of importance, wherein the 
state was -.nateiially interested, more especially in 
those which were brought before the court upon an 
elaayyelia, it was usual to appoint public advocates 
(called avvrjyopoL, ovv6lkol, or Karrjyopoi) to manage 
the prosecution. Thus Pericles was appointed, not 
at his own desire, to assist in the impeachment of 
Cimor ' Public prosecutors were chosen by the 
people tu bring to trial Demosthenes, Aristogiton, 
and others, charged with having received bribes 
from Harpalus. 6 In ordinary cases, however, the 
accuser or prosecutor (mrriyopoc) was a distinct 
person from the ovv^yopoc, who acted only as aux- 
iliary to him. It might be, indeed, that the owfjyo- 
poc performed the most important part at the trial, 
as Anytus and Lycon are said to have done on the 
trial of Socrates, wherein Melitus was prosecutor ; 
or it might be that he performed a subordinate part, 
making only a short speech in support of the prose- 
cution, like those of Lysias against Epicrates, Er- 
gocles, and Philocrates, which are called kitikoyoi. 
But, however this might be, he was in point of law 
an auxiliary only, and was neither entitled to a share 
of the reward (if any) given by the law to a success- 
ful accuser, nor liable, on the other hand, to the 



1. (Vid. the opening of the speeches of Isaeus, De Nicost. her. 
and De Philoct. her. — Isocrates, c. Euthyn., and Demosthenes, 
c. Androt.)— 2. (Demosth., c. Steph., 1137.)— 3. (Reiske, Index 
'n Orat. Att., s. v. "EpyacriTpiov and irapaoKevrj.) — 4. (^Esch., 
')e Fals. Leg., 51, 52, ed. Steph.)— 5. (Plut., Pericl., 10.) — 6. 
<Dinar;h , c. Demosth , 90, 96, ed. Steph.) 
936 



penalty of a thousand drachms, or the artf-ia tons** 
quent upon a failure to get a fifth part of the votes. 
Here we must distinguish between an advocate and 
a joint prosecutor. The latter stood precisely in the 
same situation as his colleague, just as a co-plaintifli 
in a civil action. The names of both would appear 
in the bill (ey/c^j^a), both would attend the uvaKpi 
ate, and would, in short, have the same rights and 
liabilities ; the elder of the two only having priority 
in certain matters of form, such as the npuToloyia. 1 
In the proceeding against the law of Leptines there 
were two prosecutors, Aphepsion and Ctesippus, the 
son of Chabrias ; each addressed the court, Aphep- 
sion first, as being the elder ; each had his advo- 
cate, the one Phormio, the other Demosthenes, who 
tells us in the exordium that he had undertaken to 
speak partly from a conviction of the impolicy of 
the law, and partly to oblige the son of Chabrias, 
who would have been deprived of certain privileges 
inherited from his father if the law had taken effect. 2 
There seems to have been no law which limited 
the number of persons who might appear as advo- 
cates, either in public or private causes. There 
was, however, this practical limitation, that as the 
time allowed for speaking to either party was meas- 
ured by the clepsydra, if either chose to employ a 
friend to speak for him, he subtracted so much from 
the length of his own speech as he meant to leave 
for that of his friend, and the whole time allowed 
was precisely the same, whatever the number of 
persons who spoke on one side. Both parties were 
usually allowed to make two speeches, the plaintiff 
beginning, the defendant following, then the plaintiff 
replying, and, lastly, the defendant again. These 
are often called Xoyoi Trporepoi and varepoL respect- 
ively, but are not to be confounded with the cwrj- 
yopiai or devTepokoyLai, which might, and usually 
did, immediately follow the speech of the party in 
whose favour they were made, though as a matter 
of arrangement it might be convenient sometimes 
to reserve the speech of the advocate for the reply, 
in which case the avvnyopiKoc. "kbyoc and the varepo^ 
"koyoq would be the same. 3 

With respect to the custom of producing friends 
to speak in mitigation of damages or punishment, 
see Timema. As to the public advocates appointed 
to defend the old laws before the court of heliasts, 
see Syndicos, Nomothetes. 

The fee of a drachm (to avvrjyopLKov) mentioned 
by Aristophanes 4 was probably the sum paid to the 
public advocate whenever he was employed on be- 
half of the state. It has been shown clearly by 
Schomann that Petit was wrong in supposing that 
the orators or statesmen who spoke in the assembly 
are called cvvnyopoi. They are always distinguish- 
ed by the title of prjropeg or dq/irjyopoi., or, if they 
possessed much influence with the people, dyfiayui- 
yoL : and it is not to be supposed that they consti- 
tuted a distinct class of persons, inasmuch as any 
Athenian citizen was at liberty to address the as- 
sembly when he pleased ; though, as it was found 
in practice that the possession of the /3ijfia was con- 
fined to a few persons w 7 ho were best fitted for it by 
their talent and experience, such persons acquirrd 
the title of prjTopec, &c. 5 There appears, howevf i 
to have been (at least at one period) a regular a f >- 
pointment of avvr/yopot, ten in number, with whom 
the scholiast on Aristophanes 6 confounded the pr/.- 
Topec, or orators. For what purpose such ten cvvn- 
yopoi were appointed, is a matter about which we 
have no certain information. Some think they 
were officers connected with the board of scrutators 



1. (Argum., Or. Dem., c. Androt., 592.) — 2. ( Vid. Argum... 
453.)— 3.°(Sch5mann., Att. Proc., 707-712, 715.— Platner, Proc, 
unci Klag., i., 91.)— 4. (Vespa>, 691.) — 5. (De Comit . 107-109; 
210.)— 6. (i. c ) 



SYNGRAPHE. 



SYNCECIA. 



who audited magistrates' accounts. Aristotle 1 says 
the authorities to whom magistrates rendered their 
accounts were called in some of the Greek states 
tvduvoi, in others Xoycarai, in others ovvrjyopoi or 
etjeraaTai, and the author of the Lexicon Rhetori- 
cum, published by Bekker, 2 says that the synegori 
were upxovreg KXrjpoToi ol k6o?jdovv rolg Aoyiaralg 
vpbg rag evdvvag. But what sort of assistance did 
they render 1 Is it not probable that they perform- 
ed the duty which their name imports, viz., that of 
prosecuting such magistrates as, in the opinion of 
the logistae, had rendered an unsatisfactory account 1 ? 
Any individual, indeed, might prefer charges against 
a magistrate when the time for rendering his ac- 
count had arrived ; but the prosecution by a cvvfj- 
yopog would be an ex officio proceeding, sucl as the 
logistee were bound to institute if they hatl any 
reason to suspect the accounting party of malver- 
sation or misconduct. If this conjecture be well 
founded, it is not unreasonable to suppose that these 
ten ovvrjyopoi were no other than the public advo- 
cates who were employed to conduct state prosecu- 
tions of a different kind. They might be appointed 
annually, either by lot or by election (accoi cling to 
Harpocration 3 )- Their duties would be only occa- 
sional, and they would receive a drachm as their 
fee whenever they were employed. Bockh's con- 
jecture, that they received a drachm a day for every 
day of business, is without much foundation.* The 
cader will find the authorities on this subject re- 
ferred to in Schomann 5 and Bockh. 6 

SYNGE'NEIA (avyyeveta). ( Vid. Heres, Greek, 
p. 494.) 

SYNGRAPHE (ovyypcHpri) signifies a written con- 
tract, whereas owOt/kt] and ovfi6oAaiov do not ne- 
cessarily import that the contract is in writing ; 
and buoAoyia is, strictly speaking, a verbal agree- 
ment. Pollux explains the word avvdfjKrj eyypatyoc, 
bfioAoyia iyypatyoc. 1 

At Athens important contracts were usually re- 
duced to writing, such as leases (fjiodcoaeig), loans 
of money, and all executory agreements where cer- 
tain conditions were to be performed. The rent, 
the rate of interest, with other conditions, and also 
the penalties for breach of contract (eTuriftia rd hit 
rfjg avyypa<pf/c), were particularly mentioned. The 
names of the witnesses and the sureties (if any) 
were specified. The whole was contained in a lit- 
tle tablet of wax or wood ((3i6a'iov or ypafifiarelov, 
sometimes double, d'nrrvxov), which was sealed, and 
deposited with some third person, mutually agreed 
on between the parties. 8 An example of a con- 
tract on a bottomry loan {vavrurj cvyypatyrj) will be 
found in Demosthenes, 9 where the terms are care- 
fully drawn up, and there is a declaration at the 
end, Kvpiurepov dti irepi tovtuv aAAo firjdev elvat rf/g 
ovyypa<j>f/g, " which agreement shall be valid, any- 
thing to the contrary notwithstanding." 

Anything might form the subject of a written con- 
tract — a release (a<f>eaig), a settlement of disputes 
(dtuXuovc), the giving up of a slave to be examined 
oy torture, or any other accepted challenge {jcpo- 
KArjGig) ; in short, any matter wherein the contract- 
ing parties thought it safer to have documentary 
evidence of the terms. 'Endidovai dvbpiavra Kara 
cvyypatyfiv is to give an order for the making of a 
Btatue of certain dimensions, of a certain fashion, 
at a certain price, &c, as specified in the agree- 
ment. 10 No particular form of words was necessa- 
ry to make the instrument valid in point of law, the 
sole object being to furnish good evidence of the 



1. (Polit., vi., 8.)— 2. (Anecd., i., 301.)— 3. (s. v. Eui^yopoj.) 
-4. (Staatsh. der Athen., i., 255.)— 5. (De Com., 1. c.)— 6. (lb., 
104-207.)— 7 (viii., 140.) — 8. (Isocr., Trapea , 362, ed. Steph. 
— Demosth., c. Apat., 903. 904 ; c. Dionvsod., 1283.)— 9. (c. La- 
erit., 926 )— 10 (Demosth., De Cor., 268.) 
6C 



parties' intention. The agreement itself was valid 
without any writing, and would form the ground 
of an action against the party who broke it, if it 
could be sufficiently proved. Hence it was the 
practice to have witnesses to a parol agreement. 
The law declared Kvpiag elvai rug npbg cXat}7.ov(, 
duoAoyiag, ug uv evavrioi fiaprvpiov noirfouvrai. 1 It 
seems that for the maintenance of an kfnropiKrj 6iki\ 
it was necessary to have a written contract. 2 

Bankers were persons of extensive credit, and 
had peculiar confidence reposed in them. They 
were often chosen as the depositaries of agreements 
and other documents. Money was put into theii 
hands without any acknowledgment, and often with- 
out witnesses. They entered these, and also the 
loans made by themselves to others, in their books 
making memoranda (vTCOfivf/fjaTa) of any important 
particulars. Such entries were regarded as strong 
evidence in courts of justice. Sureties were usual- 
ly required by them on making loans. 3 

'Lvyypa'prj denotes an instrument signed by both 
or all the contracting parties. Xeipbypacpov is a 
mere acknowledgment by one party. i,vyypaipaa- 
dai ovyypa<j>f/v or ovvdrJKr/v is to draw up the con- 
tract, arj[j.rivaadaL to seal it, uvaipelv to cancel, dve- 
Aiodai to take it up from the person with whom it 
was deposited, for the purpose of cancelling, when 
it was no longer of any use. 'YTravoiyeiv, to break 
the seal clandestinely for some fraudulent purpose, 
as to alter the terms of the instrument, or erase 01 
destroy some material part, or even the whole 
thereof (p.eTaypd<j>eiv or dLafyddpeiv). ( Vid. Symbo 
laion.) 

SYNCECIA (oovoLKia) differs from oUia in this- 
that the latter is a dwelling-house for a single fami 
ly, the former adapted to hold several families, a 
lodging-house, insula, as the Romans would say. 
The distinction is thus expressed by ^Eschines :* 
birov /J16V yap noAAol fj.cadcjadfj.evoL fiiav olicnatv duAo 
(ievoi exovai, avvoiniav KaAov/Liev, bnov 6' elg tvomel 
ohiiav. There was a great deal of speculation ir 
the building and letting of houses at Athens.* The 
lodging-houses were let mostly to foreigners uho 
came to Athens on business, and especially to the 
fjsroiKOL, whom the law did not allow to acquire re\ 
property, and who therefore could not purchase 
houses of their own. 6 As they, with their families, 
formed a population of about 45,000, the number of 
avvoiKiat must have been considerable. Pasion, the 
banker, had a lodging-house valued at 100 minas. 
Xenophon recommended that the fiiroiKoi should be 
encouraged to invest their money in houses, and 
that leave should be granted to the most respect- 
able to build and become house-proprietors (olnodo- 
firfaaukvoig tyiceKTr/odai 7 ). The iooreAelg laboured 
under no such disability ; for Lysias and his broth- 
er Polemarchus, who belonged to that class, were 
the owners of three houses. The value of houses 
must have varied according to the size, the build, 
the situation, and other circumstances. Those in 
the city were more valuable than those in the Pirae- 
us or the country, c&leris paribus. Two counting- 
houses are mentioned by Isssus 8 as yielding a return 
of rather more than 8£ per cent, interest on the pur- 
chase-money. But this probably was much below 
the average. The summer season was the most 
profitable for the letting of houses, when merchants 
and other visiters flocked to Athens. The rent was 
commonly paid by the month. Lodging-houses were 
frequently taken on speculation by persons called 

1. (Demosth., c. Phamipp., 1042 ; c. Euerg. et Mnes., 1162; 
c. Dionys., 1283; c. Oneior., 869.)— 2. (Demosth., c. Zenoth., 
882.)— 3. (Isocr., Trapez., 369, ed. Steph.— Demosth., c. Apat , 
894 ; Fro Phorm., 950, 958 ; c. Timoth., 1 185 ; c, Phorm., 980.— 
Bockh, Staatsh. der Ath., i., 141, 146.)— 4. (c. Timurch., 17, td. 
Steph.)— 5. (Xen., CEcon.. iii., 1.)— 6. (Demosth., Pro Phorm 
946.)_7. (De Vectig., ii.,6.)— 8. (De Hagn. her.. 88, ed Stepb ) 

937 



SUPERFICIES 



SYMPOSIUM. 



pavK/.jjpo. or aradfxovxoi, who made a profit by un- 
derletting them, and sometimes for not very repu- 
table purposes. 1 Hesychius explains the word vav- 
nhrjpoc, 6 avvotKcag Trpoearug : see also Harpocra- 
tion, s. v. Some derive the word from vaiu : but it 
is more probable that it was given as a sort of nick- 
name to the class, when they first sprang up. 9 

SYNCEClA (owoiKta), a festival celebrated every 
year at Athens on the 16th of Hecatombaeon, in 
honour of Athena. It was believed to have been 
instituted by Theseus to commemorate the concen- 
tration of the government of the various towns of 
Attica and Athens. 3 According to the scholiast on 
Aristophanes,* an unbloody sacrifice was on this day 
offered to the goddess of peace (elpjjvT]). This fes- 
tival, 5 which Plutarch calls fiero'inta, is mentioned 
both by him and by Thucydides as still held in their 
davs. 6 

SYNTAXEIS (awrd^eig). (Vid. Synedroi.) 

»SYNTHECE (OW027/O7). (Vid. Symbolaion.) 

2TN0HKi2N HAPABA'2E£22 AIKH. ( Vid. Sym- 
bolaion.) 

SUOVETAURPLIA. (Vid. Sacrificium, p. 846, 
Lustratio, p. 604, and woodcut on p. 897.) 

SUPERFICIES, SUPERFICIA1UUS. "Those 
are aedes superficiariae which are built on hired 
ground, and the property of which, both by the jus 
civile and naturale, belongs to him to whom the 
ground (solum) also belongs." 7 Every building, then, 
was considered a part of the ground on which it 
stood ; and the ownership and possession of the 
building were inseparable from the ownership and 
possession of the ground. The superficies resem- 
bles a servitus, and is classed among the jura in re. 
According to the definition, the superficiarius had 
not the thing even in bonis ; and as the animus 
domini could not exist in the case of superficies, he 
consequently could not be possessor. He had, how- 
ever, a juris quasi possessio. The superficiarius 
had the right to the enjoyment of the superficies : 
he could alienate the superficies, and pledge it for 
the term of his enjoyment ; he could dispose of it 
by testament ; and it could be the object of succes- 
sion ab intestato ; he could also make it subject to a 
servitus ; and he could prosecute his right by a uti- 
lis in rem actio. As he had a juris quasi possessio, 
he was protected against threatened disturbance by 
a special interdict, which is given in the Digest, 8 
and in its effect resembles the interdictum uti pos- 
sidetis. The explanation of the passage relating to 
this interdict 9 is given by Savigny. 10 If he was 
ejected, he could have the interdictum de vi, as in 
the case of proper possession ; and if he had grant- 
ed the use of the superficies to another precario, 
who refused to restore it, he had the interdictum de 
precario. 

A man could obtain the use of a superficies by 
agreement with the owner of the land for permis- 
sion to erect a building on it ; and he might also, by 
agreement, have the use of xn existing superficies. 
He was bound to discharge all the duties which he 
owed in respect of the superficies, and to make the 
proper payment in respect of it (solarium), if any 
payment had been agreed on. 

The rule of law that the superficies belonged to 
the owner of the soil was expressed thus : Super- 
ficies solo cedit. 11 If, then, a man built on another 
man's land, the house became the property of the 
owner of the land. But if the owner of the land 

1. (Isaeus, De Philoct. her., 58, ed. Steph.)— 2. (Vid. Steph., 
Thesaur., 6608. — Reiske, Index in Or. Att., s. v. Hvvoacla. — 
Bockh, Staatsh. der Athen., i., 71, 72, 154.)— 3. (Thucyd., ii., 
15.— Steph. Byz.,s. v. 'Afloat. )— 4. (Pax, 962.)— 5. (Thes.,24.) 
—6. (Compare Meyer, De Bon. damnat., p. 120.)— 7. (Gaius, 
Dig. 43, tit. 18, s. 2.)— 8. (43, tit. 18.)— 9. (Dig. 43, tit. 18, s. 3.) 
—10. (Das Recht des Besitzes, p 289, 5th ed.)— 11. (G^us, ii., 
73 ) 

938 



claimed the house, and would not pay the expend* 
incurred by building it, the builder of the hous( 
could meet the claimant with a plea of dolus malus 
(exceptio doli mali), that is to say, if he was a bona 
fidei possessor. In any other case, he had, of 
course, no answer to the owner's claim. 
SUPERNUMERA'RII. ( Vid. Accensi.) 
SU'PPARUM. (Vid. Ships, p. 894.) 
SUPPLICA'TIO was a solemn thanksgiving 01 
supplication to the gods decreed by the senate, wher 
all the temples were opened, and the statues of the 
gods frequently placed in public upon couches (pul 
vinaria), to which the people offered up their thanks- 
givings and prayers (ad omnia pulvinaria supplicatit 
deer eta est 1 ). (Vid. Lectisternicjm.) A supplicatit 
was decreed for two different reasons : 

I. As a thanksgiving when a great victory had 
been gained : it was usually decreed as soon as off! 
cial intelligence of the victory had been received by 
a letter from the general in command. The num- 
ber of days during which it was to last was propor- 
tioned to the importance of the victory. Some- 
times it was decreed for only one day, 2 but more 
commonly for three or five days. A supplication of 
ten days was first decreed in honour of Pompey at 
the conclusion of the war with Mithradates, 3 and 
one of fifteen days after the victory over the Belgso 
by Caesar, an honour which Caesar himself says* 
had never been granted to any one before. 5 Sub- 
sequently a supplicatio of twenty days was decreed 
after his conquest of Vercingetorix. 6 From this time 
the senate seems to have frequently increased tho 
number of days out of mere compliment to the gen- 
eral. We thus find mention of thanksgivings for 
forty days, 7 fifty days, 8 and even sixty. 9 A suppli- 
catio was usually regarded as a prelude to a tri- 
umph, but it was not always followed by one, as 
Cato reminds Cicero, to whose honour a supplicatio 
had been decreed. 10 This honour was conferred 
upon Cicero on account of his suppression of the con- 
spiracy of Catiline, which had never been decreed 
to any one before in a civil capacity (togatus), as he 
frequently takes occasion to mention. 11 

II. A Supplicatio, a solemn supplication and hj 
miliation, was also decreed in times of public dan- 
ger and distress, and on account of prodigies to 
avert the anger of the gods. 12 

SURDUS. (Vid. Obligations, p. 673.) 

*SUS. (Vid. Hys .) 

SUSPENSU'RA. (Vid. Baths, p. 144.) 

SYMPO'SIUM (ovuttoolov, comissatio, convivmmj, 
a drinking-party. The avu-rroaiov, or the itotoc, 
must be distinguished from the delnvov ; for though 
drinking almost always followed a dinner-party, yet 
the former was regarded as entirely distinct from 
the latter, was regulated by different customs, and 
frequently received the addition of many guests 
who were not present at the dinner. For the 
Greeks did not usually drink at their dinner, and it 
was not till the conclusion of the meal that wine 
was introduced, as is explained under Deipnon, p. 
344. Thus we read in the Symposium of Plato, 13 
that after the dinner had been finished, the libations 
made, and the paean sung, they turned to drinking 
(rpeireadai irpbe rbv tcotov). 

Symposia seem to have been very frequent at 
Athens. Their enj oyment was heightened by agree- 
able conversation, by the introduction of music and 
dancing, and by games and amusements of various 
kinds : sometimes, too, philosophical subjects were 




SYMPOSIUM 



SiMHJsIlM 



Jiscussed at them. The Symposia of Plato and 
Xenophon give us a lively idea of such entertain- 
ments at Athens. The name itself shows that the 
enjoyment of drinking was the main object of the 
symposia : wine from the juice of the grape (olvoc 
uHTcelcvog) was the only drink partaken of by the 
Greeks, with the exception of water. For palm- 
wine and beer (vid. Cerevisia), though known to 
many of the Greeks from intercourse with foreign 
nations, were never introduced among them ; and 
the extraordinary cheapness of wine at Athens (vid. 
Vinum) enabled persons even in moderate circum- 
stances to give drinking-parties to their friends. 
Even in the most ancient times the enjoyment of 
wine was considered one of the greatest sources 
flf pleasure, and hence Musa?us and his son sup- 
posed that the just passed their time in Hades in a 
state of perpetual intoxication, as a reward of their 
virtue (qyvGujiEVOL koXKigtov aptrrjc [itudbv \ikQr\v 
iluviov 1 ). It would appear from the Symposium of 
i^lato that even the Athenians frequently concluded 
iheir drinking-parties in rather a riotous manner, 
*nd it was to guard against this that such parties 
were forbidden at Sparta and in Crete. 3 

The wine was almost invariably mixed with 
water, and to drink it unmixed (uKparov) was con- 
siderpd a characteristic of barbarians. 3 Zaleucus 
is said to have enacted a law among the Locrians, 
by which any one who was ill and drank of unmixed 
wine without the command of his physician, was to 
be put to death ; 4 and the Greeks in general con- 
sidered unmixed wine as exceedingly prejudicial to 
physical and mental health. 5 The Spartans at- 
tributed the insanity of Cleomenes to his indulging 
in this practice, which he learned from the Scyth- 
ians.' So universal was it not to drink wine unless 
mixed with water, that the word olvoc is always 
applied to such a mixture ; and whenever wine is 
spoken of in connexion with drinking, we are al- 
ways to understand wine mixed with water, unless 
the word uKparoc is expressly added (to Kpafia, 
Katroi iidaroc fierexov 7r?*,Etovoc, olvov naTiovfiev 7 ). 

The proportion in which the wine and water were 
mixed naturally differed on different occasions. 
To make a mixture of even half wine and half 
water (Igov laco) was considered injurious, 8 and 
generally there was a much greater quantity of 
water than of wine. It appears from Plutarch, 9 
Athenaeus, 10 and Eustathius, 11 that the most com- 
mon proportions were 3 : 1, or 2 : 1, or 3 : 2. Hesi- 
od 12 recommends the first of these. 

The wine was mixed either with warm or cold 
water ; the former, which corresponded to the calx- 
da or calda of the Romans (vid. Calida), was by far 
the less common. On the contrary, it was endeav- 
oured to obtain the water as cool as possible, and 
for this purpose both snow and ice were frequently 
employed. (Vid. Nix, Psycter.) Honey was some- 
times put in the wine, 13 and also spices ; in the lat- 
ter case it received the name of Tpi/j.pa, and is fre- 
quently mentioned by the writers of the New Com- 
edy. J * Other ingredients were also occasionally 
added. 

The mixture was made in a large vessel called 
the Kparfjp (vid. Crater), from which it was con- 
veyed into the drinking-cups by means of olvoxoai 
or Kvadoi. (Vid. Cyathus.) The cups usually em- 
ployed were the kv2.cZ, ^lu'atj, napxvo-iov, and Kavda- 
cgc, of which an account is given in separate arti- 
cles. The Rhyton, or drinking-horn, was also 



1. (Plat.,Legg.,ii.,p. 363, c.,d.)— 2. (Plat., Min., p. 320, a.)— 3. 
iPlat., Legg, i., p. 637, e.) — 4. (JElian, V. H., ii., 37.) — 5. 
(Athen., ii., p. 36, b.)— 6. (Herod., vi., 84.) — ". (Plut., Conjug. 
Prac, 20.)— 8. (Athen., 1. c.)— 9. (Symp., iii., 9.) — 10. (x., p. 
196.) — 11. (ad Od., ix., 209, p. 1624.) — 12. (Op., 596.) — 13. 
<Athen., i., p. 32. c— Id., p. 31, c.)— 14. (Pollux, Onom., vi., 18.) 



very commonly used. We find severa craters on 
vases representing drinking scenes. 1 

The guests at a symposium reclined on couches, 
and were crowned with garlands of flowers, as la 
explained under Deipnon. A master of the revel3 

(upX<OV T?]C 770GEUC, GVjJ.Ti0GLa.pX0C OX ftaGLAEVc) WaS 

usually chosen to conduct the symposium (Traidaya)- 
■yelv Gv/j.7roGcov 2 ), whose commands the whole com- 
pany had to obey, and who regulated the whole or- 
der of the entertainment, proposed the amusements, 
&c. The same practice prevailed among the Ro- 
mans, and their symposiarch was called the magis- 
ter or rex convivii, or the arbiter bibendi. The 
choice was generally determined by the throwing 
of astragali or tali ; but we find in Plato, 3 Alci- 
biades constituting himself symposiarch. The pro- 
portion in which the wine and water were mixed 
was fixed by him, and also how much each of the 
company was to drink. The servants (olvoxoot and 
olvrjpol tiepuTrovTec), usually young slaves, who had 
to mix the wine and present it to the company, 
were also under his orders ; but if there was no 
symposiarch, the company called for the wine just 
as they pleased. 4 

Before the drinking commenced, it was agreed 
upon in what way they should drink, 5 for it was 
not usually left to the option of each of the com- 
pany to drink as much or as little as he pleased, but 
he was compelled to take whatever the symposiarch 
might order. At Athens they usually began drink- 
ing out of small cups ( fiirpta 7ror^pm 6 ), but as the 
entertainment went on, larger ones were intro- 
duced. 7 In the Symposium of Plato, 8 Alcibiades 
and Socrates each empty an immense cup, contain- 
ing eight cotylae, or nearly four English pints ; and 
frequently such cups were emptied at one draught 
(uixvevgtI or u/j.vgti ttlveiv, u/j.vgti^£iv 9 ). 

The cups were always carried round from right 
to left (sttl detjiu), and the same order was observed 
in the conversation, and in everything that took 
place in the entertainment (etvI detjta. dLairivetv ; 10 etti 
Se^iu. ?i.oyov e'ltteIv 11 ). The company frequently drank 
to the health of one another (TzpoTriveiv cj)tloT7]Giac 12 ), 
and each did it especially to the one to whom he 
handed the same cup. This seems to have been 
the custom which Cicero alludes to when he speaks 
of "drinking after the Greek fashion" (Grceco 
more bibere; 13 Graci in conviciis solcnt nominarc, cui 
poculum Iradituri sunt li ). 

Music and dancing were usually introduced, as 
already stated, at symposia, and we find few repre- 
sentations of such scenes in ancient vases without 
the presence of female players on the flute and the 
cithara. Plato, indeed, decidedly objects to their 
presence, and maintains that it is only men incapa- 
ble of amusing themselves by rational conversation 
that have recourse to such means of enjoyment ; 11 
but this says nothing against the general practice ; 
and Xenophon, in his Symposium, represents Soc- 
rates mightily pleased with the mimetic dancing 
and other feats performed on that occasion. The 
female dancers, and the players on the flute and the 
cithara, were frequently introduced at the symposia 
of young men for another purpose, and were often- 
times actually Eralpai (vid. Het^er^e, p. 502), as we 
see clearly represented on many ancient vases. 16 
Respecting the different kinds of dances performed 
at symposia, see Saltatio. 



1. (See, for example, Mus. Borb., v., t. 51.) — 2. (Plat., Legg-, 
i., p. 641, a., b.) — 3. (Symp., p. 213, e.) — 4. (Xen., Symp., ii.. 
27.) — 5. (Plat., Symp., p. 176, a.,b.) — 6. (Athen., x., p. 431, e.) 
— 7. (Diog.Lacrt., i., 104.)— 8. (p. 213, 214.)— 9. (Athen , x., p. 
431, b. — Lucian, Lexiph., 8. — Suidas, s. v. 'A^i>ori.) — 10. (Plat., 
Rep., iv., p. 420, c.) — 11. (Symp., p. 214, b.— Athen., xi., p. 463, 
e.)— 12. (Lucian, Gall., 12.— Athen., >:i.. p. 498, d.)— 13. (Vcrr., 
II., i., 26.) — 14. (Tusc., j., 40.) — 15. (Protag., p. 347, c, d. — 
Symp., 170, c.)— 16. (See, for example, Mus. Borb., v., t. 51 ^ 

939 



SYNTHESIS 



SYRINX. 



Respecting the games and amusements by which 
the symposia were enlivened, it is unnecessary to 
say much here, as most of them are described in 
separate articles in this work. Enigmas or riddles 
(aiviyfiara or ypfyoi) were among the most usual 
and favourite modes of diversion. Each of the 
company proposed one in turn to his right-hand 
neighbour : if he solved it, he was rewarded with a 
crown, a garland, a cake, or something of a similar 
kind, and sometimes with a kiss ; if he failed, he 
had to drink a cup of unmixed wine, or of wine 
mixpd with salt-water, at one draught. 1 Thecot- 
tabos was also another favourite game at symposia, 
and was played at in various ways. (Vid. Cotta- 
bos.) 

The other games at symposia which require men- 
tion are the aaTpaynXia\i6q and nvSeia, explained 
under Tali and Tessera, the TrerTela, spoken of 
under Latrunculi, and the ^a^/acr/tof. The latter 
consisted in turning round a piece of money placed 
upright on its edges, and causing it suddenly to 
stop while moving by placing a finger on its top. 3 

Representations of symposia are very common 
on ancient vases. Two guests usually reclined on 
each couch (kVlvtj), as is explained on p. 344, and 
illustrated by the following cut from one of Sir W. 
Hamilton's vases, where the couch on the right 
hand contains two persons, and that on the left is 
represented with only one, which does not appear 
to have been the usual practice. The guests wear 
garlands of flowers, and the two who are reclining 
on the same couch hold a phiala each in the right 
hand. Sometimes there were four or five persons 
ou one couch, as in the woodcut on p. 326. 




and comfortable kind of dress, as we should say, 
seems to be evident from its use at table above 
mentioned, and also from its being worn by all 
classes at the Saturnalia, a season of universal 
relaxation and enjoyment. 1 More than this re- 
specting its form we cannot say : it was usually 
dyed with some colour, 2 and was not white like 
the toga. 

The word synthesis is also applied to a set of 
wearing apparel or a complete wardrobe. 3 This 
use of the word agrees better with its etymology 
(avvOemg, GvvridrjfiL) than the one mentioned above.* 

SYRINX (avpiyS), the Pan's Pipe, or Pandean 
Pipe, was the appropriate musical instrument of 
the Arcadian and other Grecian shepherds, and was 
regarded by them as the invention of Pan, their 
tutelary god, 5 who was sometimes heard playing 
upon it (cvpifyvrog 6 ), as they imagined, on Mount 
Maenalus. 7 It was, of course, attributed to Faunus, 
who was the same with Pan. 8 When the Roman 
poets had occasion to mention it, they called it fis- 
tula. 9 It was also variously denominated according 
to the materials of which it was constructed, 
whether of cane (tenui arundine, 10 TtcifievtCf) dovani} 1 ), 
reed (calamo, 12 /cd/ia//of 13 ), or hemlock (cicuta 1 *). In 
general, seven hollow stems of these plants were 
fitted together by means of wax, having been pre- 
viously cut to the proper length, and adjusted so 
as to form an octave ; 15 but sometimes nine were 
admitted, giving an equal number of notes. 16 An- 
other refinement in the construction of this instru 
ment, which, however, was rarely practised, was 
to arrange the pipes in a curve so as to fit the form 
of the lip, instead of arranging them in a plane. 17 
A syrinx of eight reeds is shown in the gem figured 
on page 696. The annexed woodcut is taken from 
a bas-relief in the collection at Appledurcombe in 
the Isle of Wight. 18 It represents Pan reclining at 
the entrance of the cave which was dedicated to 
him in the Acropolis at Athens. He holds in his 
right hand a drinking-horn (vid. Rhyton), and in 
his left a syrinx, which is strengthened by two 
transverse bands. 



A drinking-party among the Romans was some- 
• inies called convivium, but the word comissalio 
„aore nearly corresponds to the Greek ovfixoaiov.. 
( Vid. Comissatio.) The Romans, however, usually 
drank during their dinner (coena), which they fre- 
quently prolonged during many hours in the later 
times of the Republic and under the Empire. Their 
customs connected with drinking differed little from 
those of the Greeks, and have been incidentally 
noticed above. 

The preceding account has been mainly composed 
from Becker's Charikles 3 and Gallus* where the 
subject is treated at length. 

SY'NTHESIS, a garment frequently worn at 
dinner, and sometimes also on other occasions. As 
it was inconvenient to wear the toga at table on 
account of its many folds, it was customary to have 
dresses especially appropriated to this purpose, call- 
ed vestes ccenatoria or canatoria,* accubitoria, 6 or 
syrur.escs. The synthesis is commonly explained 
to be a loose kind of robe like the pallium, but 
Becker 7 supposes, from a comparison of a passage 
of Dion Cassius 8 with one of Suetonius, 9 descri- 
bing the dress of Nero, that.it must have been a 
kind of tunic, an indumentum rather than an amictus. 
(Vid, Amictus.) That it was, however, an easy 

1. (Athen.,x., p. 457.)— 2. (Pollux, Onom., ix., 118.— Eustath. 
4d II., xiv., 291, p. 986.) — 3. (i., p. 451, &c.) — 4. (ii., p. 235, 
&c.)— 5. (Mart., x., 87, 12; xiv., 135.— Petron.,21.)— 6. (Petron., 
30.)— 7. (Gallus, i., b. 37.)— 8. (lxiii., 13.)— 9. (Ner., 51.) 
940 




The ancients always considered the Pan's Pipe 
as a rustic instrument, chiefly used by those who 
tended flocks and herds, 19 but also admitted to regu- 
late the dance. 20 The introduction of it on more 
solemn occasions was very unusual. Telephanes 



1. (Mart., xiv., 1, 141 ; vi., 24.)— 2. (Mart., ii., 46 ; x., 29 >_ 
3. (Dig. 34, tit. 4, s. 38.) —4. (Becker, 1. c.) — 5. (Virg., Buc, 
ii., 32 ; viii., 24.)— 6. (Vid. Theocr., i., 3, 14, 16.— Schol in loc 
— Longus, iv., 27.) —7. (Paus., viii., 36, 6 5.)— 8. (Hor., Carm. 
i., 17, 10.)— 9. (Virg., Buc, ii-, 36 ; iii., 22, 25.— Hor., Carm., iv. 
12, 10. — Ovid, Met., viii., 192; xiii., 784. — Mart., xiv., 63.- 
Tibull., i., 5, 20.) — 10. (Virg., Buc, vi., 8. — Horn., Hymn, ir 
Pana. 15.) — 11. (Brunck, Anal., i., 489.) — 12. (Virg., Buc, i. 
10 ; ii., 34 ; v., 2.)— 13. (Theocr., viii., 24.— Longus, i., 4.)— 14 
(Virg., Buc, v., 85.)— 15. (Virg., Buc, ii., 32. 36.)— 16. (Theocr. 
viii., 18-22.)— 17. (Id., i., 129.)— 18. (Mus. Worsle vanum, pi. 9.} 
— 19. (Horn., II., xviii., 526. — Apoll. Rhod., i., 577. — Diony» 
Perieg., 996.— Longus, i., 2 ; i., 14-16 ; ii., 24-26.)- -20. (He» 
Scut 278.) 



SYSSITIA. 



SYSSITIA. 



ot Megara refused to go to the Pythian Games on 
account of the performance on Pandean pipes {av- 
otyi-ip-) The Lydians, whose troops marched to 
military music, employed this, together with other 
instruments, for the purpose. 2 This instrument was 
the origin of the organ. (Vid. Hydraula.) 

The term ovptytj was also applied to levels, or nar- 
row subterranean passages made either in search- 
ing for metals, in mining at the siege of a city, 3 or 
in forming catacombs for the dead.* 

SYRMA (ovpfia), which properly means that 
which is drawn or dragged (from avpu), is applied 
to a dress with a train. The long peplos worn by 
the Trojan matrons was consequently a dress some- 
what of this kind. 5 The syrma, however, was more 
especially the name of the dress worn by the tragic 
actors, which had a train to it trailing upon the 
ground ; whence the word is explained by Pollux' 
as a rpaycKov tp6p7jp,a eTucvpofievov, and is alluded to 
by Horace 7 in the words 

" trhxitque vagus per pulpita vestem." 

Hence we find syrma used metaphorically for trage- 
dy itself. 8 

SYSSI/TIA (avaaiTia). The custom of taking 
the principal meal of the day in public prevailed ex- 
tensively among the Greeks from very early ages. 
It existed not only with the Spartans and Cretans, 
among both of whom it was kept up till compara- 
tively recent times, but also at Megara in the age 
of Theognis, 9 and at Corinth in the time of Perian- 
der, who, it seems, abolished the practice as being 
favourable to aristocracy. 10 Nor was it confined to 
the Hellenic nation; for, according to Aristotle, 11 it 
prevailed still earlier among the GEnotrians in the 
south of Italy, and also at Carthage, the political 
and social institutions of which state resembled 
those of Sparta and Crete. 13 The origin of the 
usage cannot be historically established, but it seems 
reasonable to refer it to infant or patriarchal com- 
munities, the members of which, being intimately 
connected by the ties of a close political union and 
kindred, may naturally be supposed to have lived 
together almost as members of the same family. 
But, however and wherever it originated, the natu- 
ral tendency of such a practice was to bind the 
citizens of a state in the closest union ; and, ac- 
cordingly, we find that at Sparta Lycurgus availed 
himself of it for this purpose, though we cannot de- 
termine with any certainty whether he introduced 
it there, or merely perpetuated and regulated an 
institution which the Spartans brought with them 
from their mother-country, and retained at Sparta as 
being suitable to their position and agreeable to 
their national habits. The latter supposition is 
perhaps the more probable. The Cretan usage 
Aristotle 13 attributes to Minos ; this, however, may 
bt :onsidered rather " the philosopher's opinion 
than an historical tradition :" but the institution 
was confessedly of so high antiquity, that the Pelo- 
ponnesian colonists may well be supposed to have 
found it already existing in Crete, even if there had 
been no Dorian settlers in the island before them. 14 

The Cretan name for the syssitia was 'Avdpeta, 1 * 
the singular of which is used to denote the building 
or public hall where they were given. This title 
affords of itself a sufficient indication that they were 
confined to men and youths only : a conclusion jus- 
tified and supported by all the authorities on the 
subject. 16 It is not, however, improbable, as Hoeck 17 

1. (Plut., De Mus., p. 2084, ed. Steph.)— 2. (Herod., i., 17.)— 
3. (Polyan., v., 17.)— 4. (^Ehan, H. A., vi., 43; xvi., 15.)— 5. 
(II., vi., 442.) — 6. (vii., 67.) — 7. (Ep. ad Pis., 215. — Compare 
Juv., viii., 229.)— 8. (Juv.,xv., 30.— Mart., iv.,49.)— 9. (v., 305.) 
10. (Arist., Pol., v., 9, 2.)— 11. (Pol., vii., 9.)— 12. (Id., ii., 8.)— I 
13. (Id., vii.. 9.)— 14. (Thirlwall, Hist, of Greece, i., p. 287.)— 
15. (Arist., Pol., ii., 7.)— 16. (Plat., Leg., vi., p. 780, d.)-l7. 
•Greta, in., p 123.) 



suggests, that in some of the Dorian states there 
were syssitia of the young unmarried women as 
well as of the men. 1 All the adult citizens partook 
of the public meals among the Cretans, and were 
divided into companies or " messes," called 'Erai- 
piai, or sometimes avdpela* These divisions were 
perhaps originally confined to persons of the same 
house and kindred, but afterward any vacancies in 
them were filled up at the discretion of the mem 
bers. 3 The divinity worshipped under the name of 
Zevg 'Ercupeloc* was considered to preside over 
them. 

According to Dosiadas, who wrote a history of 
Crete, 5 there were in every town of the island 
(■navraxov) two public buildings, one for the lodging 
of strangers (KoijU7]T?ipiov), the other a common hah 
(uvdpelov) for the citizens. In the latter of these 
the syssitia were given, and in the upper part of it 
were placed two tables for the entertainment of 
foreign guests (fjeviKal rpuTrefci), a circumstance 
deserving of notice, as indicating the extent to 
which the Dorians of Crete encouraged mutual in- 
tercourse and hospitality. Then came the tables 
of the citizens. But, besides these, there was also 
a third table, on the right of the entrance, dedicated 
to Zevc %evioe, and perhaps used for the purpose of 
making offerings and libations to that god. 

The syssitia of the Cretans were distinguished 
by simplicity and temperance. They always sat at 
their tables, even in later times, when the custom 
of reclining had been introduced at Sparta. 6 The 
entertainment began with prayer to the gods and 
libations. 7 Each of the adult citizens received an 
equal portion of fare, with the exception of the 
" archon" or " master of the tables," who was, per- 
haps, in ancient times, one of the xoafioi, and more 
recently a member of the yepuvia or council. This 
magistrate received a fourfold portion ; " one as ? 
common citizen, a second as president, a third foi 
the house or building, a fourth for the furniture" 
(tljv <jkevC)v % ) : an expression from which it would 
seem that the care of the building, and the provision 
of the necessary utensils and furniture, devolved 
upon him. The management of all the tables was 
under the superintendence of a female of free birth 
(7 TrpoeuTTjKvla rrj^ avaatTiaq yvvrf), who openly took 
the best fare, and presented it to the citizen who 
was most eminent in the council or the field. She 
had three or four male assistants under her, each 
of whom, again, was provided with two menial ser- 
vants (nal7j(j)6poi, or wood - carriers). Strangers 
were served before the citizens, and even before 
the archon or president. 9 On each of the tables 
was placed a cup of mixed wine, from which the 
messmates of the same company drank. At the 
close of the repast this was replenished, but all in- 
temperance was strictly forbidden by a special law. 1 * 

Till they had reached their eighteenth year, when 
they were classed in the ayzkai, the youths accom- 
panied their fathers to the syssitia along with the 
orphans of the deceased. 11 In some places the 
youngest of the orphans waited on the men ; in 
others this was done by all the boys. 1 * When not 
thus engaged, they were seated near to the men on 
a lower bench, and received only a half portion of 
meat : the eldest of the orphans appear to have 
received the same quantity as the men, but of a 
plainer description of fare. 13 The boys, like the 
men, had also a cup of mixed wine in common, 
which, however, was not replenished when emptied. 



1. (Compare Pind., Pyth., ix., 18.)— 2. (Athen., iv., p. 143.) — 
3. (Hoeck, iii., p. 126.)— 4. (Hesych., s. v.)— 5. (Athen, 1. c.)— 6. 
(Cic, Pro Mur., 35 .)— 7. (Athen., iv., p. 143, e.)— 8. (Heraclid. 
Pont., iii.) — 9. (Id., 1. c.) — 10. (Plat., Minos, p. 265.) — 11, 
(Hoeck, iii., p. 185.)— 12. (Ephor. ap. Strab., x., p. 483.)— 13 
(Athen., iv., p. 143.) 

941 



SYSS1TIA. 



SYSSITlA. 



During the repast a general cheerfulness and gayety 
prevailed, which were enlivened and kept up by 
music and singing. 1 It was followed by conversa- 
tion, which was first directed to the public affairs 
of the state, and afterward turned on valiant deeds 
in war and the exploits of illustrious men, whose 
praises might animate the younger hearers to an 
honourable emulation. While listening to this con- 
versation, the youths seem to have been arranged 
in classes (avdpeia), each of which was placed un- 
der the superintendence of an officer (Traifiovo/iog) 
especially appointed for this purpose, so that the 
syssitia were thus made to serve important political 
and educational ends. 

In most of the Cretan cities the expenses of the 
syssitia were defrayed out of the revenues of the 
public lands and the tribute paid by the Perioeci, 
the money arising from which was applied partly to 
the service of the gods and partly to the mainte- 
nance of all the citizens, both male and female, 2 so 
that in this respect there might be no difference 
between the rich and the poor. From the statement 
of Aristotle compared with Dosiadas, 3 it appears 
probable that each individual received his separate 
share of the public revenues, out of which he paid 
his quota to the public table, and provided with the 
rest for the support of the females of his family. 
This practice, however, does not appear to have 
prevailed exclusively at all times and in all the 
cities of Crete. In Lyctus, for instance, a colony 
from Sparta, the custom was different : the citizens 
of that town contributed to their respective tables a 
tenth of the produce of their estates ; a practice 
which may be supposed to have obtained in other 
cities, where the public domains were not sufficient 
to defray the charges of the syssitia. But, both at 
Lyctus and elsewhere, the poorer citizens were in 
all probability supported at the public cost. 

In connexion with the accounts given by the 
ancient authors respecting the Cretan syssitia, there 
arises a question of some difficulty, viz., how could 
one building accommodate the adult citizens and 
youths of such towns as Lyctus and Gortyna 1 The 
question admits of only two solutions : we are ei- 
Iher misinformed with respect to there being only one 
building in each town used as a common hall, or 
the number of Dorian citizens in each town must 
have been comparatively very small. 

The Spartan syssitia were in the main so similar 
to those of Crete, that one was said to be borrowed 
from the other.* In later times they were called 
QsidtTia, or the "spare meals," a term which is 
probably a corruption of (j>L2,iria, the love-feasts, a 
word corresponding to the Cretan eratpeca. 5 An- 
ciently they were called avopeta, as in Crete. 6 They 
differed from the Cretan in the following respects. 
Instead of the expenses of the tables being defrayed 
out of the public revenues, every head of a family 
was obliged to contribute a certain portion at his 
own cost and charge ; those who were not able to 
do so were excluded from the public tables. 7 The 
guests were divided into companies generally of 
fifteen persons each, and all vacancies were filled 
UD by ballot, in which unanimous consent was in- 
dispensable for election. No persons, not even the 
kir.gs, were allowed what was called an atyidiTog 
fyuipa* or excused from attendance at the public 
tables, except for some satisfactory reason, as 
when engaged in a sacrifice or a chase, in which 
latter case the individual was required to send 9 a 

1, (Alcman ap. Strab., 1. c.)— 2. (Arist., Pol., ii., 7, 4.)— 3. 
(Athen., 1. c.)— -4. (Arist., Pol., ii., 7.) — 5. (Gottling ad Arist., 
(Econ., p. 190.— Miiller, Dor., iv., 3, ^ 3.)— 6. (Plut., Lycur., c. 
12.)— 7 (Arist., Pol., ii., 7, 4 )— 8. (Hesych., s. v.)— 9. (Plut., 
I c — Agis, c. 10.) 
942 



present to his table. Each person was supplied 
with a cup of mixed wine, which was filled again 
when required ; but drinking to excess was prohib- 
ited at Sparta as well as in Crete. The repast was 
of a plain and simple character, and the contribution 
of each member of a mess or (beidlrris was settled 
by law. 1 The principal dish was the u£?mc £w/*d$-, 
or black broth, with pork. 8 The braiK?>cv, or after- 
meal (from the Doric alKkov, a meal), was, however, 
more varied, and richly supplied by presents of 
game, poultry, fruit, &c, and other delicacies, which 
no one was allowed to purchase. (Vid. Aiclon.) 
Moreover, the entertainment was enlivened by 
cheerful conversation, though on public matters. 3 
Singing, also, was frequently introduced, as we 
learn from Alcman* that " at the banquets and 
drinking entertainments of the men it was fit for the 
guests to sing the paean." The arrangements were 
under the superintendence of the polemarchs. 

The use and purposes of the institutions de- 
scribed above are very manifest. They united the 
citizens by the closest ties of intimacy and union, 
making them consider themselves as members of 
one family, and children of one and the same moth- 
er, the state. They maintained a strict and perfect 
separation between the higher and the subject class- 
es, both at Sparta and in Crete, and kept up in the 
former a consciousness of their superior worth and 
station, together with a strong reeling of national 
ity. At Sparta, also, they were eminently useful in 
a military point of view ; for the members of the 
syssitia were formed into corresponding military di- 
visions, and fought together in the field, as they had 
lived together at home, with more bravery and a 
keener sense of shame (aidug ) than could have been 
the case with merely chance comrades. 5 Moreover, 
" they gave an efficacy to the power of public opin- 
ion which must have nearly superseded the neces- 
sity of penal laws." 6 With respect to their polit- 
ical tendencies, they were decidedly arranged upon 
aristocratical principles, though no individual of 
a company or mess was looked upon as superior 
to his fellows. Plutarch 7 accordingly calls them 
avvidpia apiGTOKparucd, or aristocratical meetings, 
and compares them with the Prytaneium and Thes- 
mothesium at Athens. 

The simplicity and sobriety, which were in early 
times the characteristics both of the Spartan and 
Cretan syssitia, were afterward, in Sparta at least, 
supplanted by luxury and effeminate indulgence. 
The change was probably gradual, but the kings 
Areus and Acrotatus (B.C. 300) are recorded as 
having been mainly instrumental in accelerating it. 
The reformer Agis endeavoured, but in vain, to re- 
store the old order of things, and perished in the 
attempt. 8 In his days Sparta contained 4500 fam- 
ilies, out of which he proposed to make fifteen sys- 
sitia, whence Miiller infers that formerly, when the 
number of families was 9000, the number of syssi- 
tia was thirty, and, consequently, that Herodotus, 
when he spoke of Lycurgus having instituted the 
" syssitia" for war, alluded to the larger divisions, 
and not the single banqueting companies ; a con- 
clusion justified by the context. Miiller, moreover, 
supposes that in this sense the syssitia at Sparta 
corresponded to the divisions of the state called 
obae, and sometimes (poarplai, which were also thir- 
ty in number. 9 



1. (Wachsmuth, ii., 2, 24.— Plut., 1. c.)— 2. (Athen., iv., p. 141.) 
—3. (Xen., Rep. Lacon., v.. 6.)— 4. (Frag., 31.)— 5. (Herod., i , 
65.)— 6. (Thirlwall, i., p. 289.)— 7. (Quecs. Symp., vii., p. 332.) 
—8. (Plut., Agis and Cleom.)— 9. (Dorians, jii., 5, $ 6, and 12. 
$ 4.— Hoeck, Creta, iii., p. 120-139.— Hullmau's Anfange, <> 138 
— Thirlwall, Hist, of Greece, i., p. 288 and 331. — Hermann, Lehr 
buch der Griech. Staats., ^ 22 and 28.) 



TABELLARLE LEGES. 



TABERNA. 



T. e. 

♦TABANT T S. (Vid. CEstrus.) 
TABELLJ , dim. of TABULA, a Billet or Tablet,, 
with which each citizen and judex voted in the 
comitia and courts of justice. In the comitia, if 
the business was the passing of a law, each citizen 
vvas provided with two tabellae, one inscribed V. R., 
i. c, Uti Rogas, " I vote for the law," the other in- 
scribed A., i. e., Antiquo, " I am for the old law." 1 
If the business was the' election of a magistrate, 
each citizen was supplied with one tablet, on which 
the names of the candidates were written, or the 
initials of their names, as some suppose from the 
oration Pro Domo, c. 43 ; the voter then placed a 
mark (punctum) against the one for whom he voted, 
whence puncta are spoken of in the sense of votes.* 
For farther particulars respecting the voting in the 
comitia, see v DiRiBiTOREs and Sitella. 

The judices were provided with three tabellae, 
one of which was marked with A., i. c, Absolvo, 
" I acquit ;" the second with C, i. e., Condemno, 
" I condemn ;" and the third with N. L., i. e.,Non 
Liquet, " It is not clear to me." The first of 
these was called tabella absolutoria, and the second 
tabella damnatoria, 3 and hence Cicero* calls the 
former litcra salutaris, and the latter litera trislis. 
It would seem that in some trials the tabellae were 
marked with the letters L. D. respectively, i. e., 
Libcro and Damno, since we find on a denarius of 
the Caelian gens a tabella marked with the letters 
L. D. ; and as we know that the vote by ballot in 
cases of perduellio was first introduced by C. Caeli- 
us Caldus (vid. Tabellari^e Leges), the tabella on 
the coin undoubtedly refers to that event. There 
is also a passage in Caesar 5 which seems to inti- 
mate that these initial letters were sometimes 
marked on the tabellae : " Unam fore tabellam, qui 
liberandos orani pcriculo censerent ; alteram, qui capi- 
tis damnarent," &c. 6 

The cut annexed contains a 
copy of a coin of the Cassian 
gens, in which a man wearing 
a toga is represented in the act 
of placing a tabella marked with 
the letter A. (i. e., absolvo) in the 
cista. The letter on the tabella 
is evidently intended for A. 

For the other meanings of Ta- 
bella, see Tabula. 
TABELLA'RLE LEGES, the laws by which the 
ballot was introduced in voting in the comitia. As 
to the ancient mode of voting at Rome, see Scf- 
fragium. There were four enactments known by 
the name of Tabellariae Leges, which are enumer- 
ated by Cicero. 7 They are mentioned below ac- 
cording to the order of time in which they were 
passed. 

1. Gabinia Lex, proposed by the tribune Gabini- 
us B.C. 139, introduced the ballot in the election of 
magistrates, 8 whence Cicero 9 calls the tabella " tin- 
dcx lacda, liber 'talis." 

2. Cassia Lex, proposed by the tribune L. Cas- 
erns Longinus B.C. 137, introduced the ballot in the 
"judicium populi," with the exception of cases of 
perduellio. Tiie "judicium populi" undoubtedly 
applies to cases tried in the comitia by the whole 
body of the people (vid. Judex, p. 651, 552), al- 
though Ernesti 10 wishes to give a different interpre- 
tation to the words. This law was supported by 




BRITISH MUSEUM. 



1. (Compare Cic. ad Att., i , 14.)— 2. (Cic, Fro Plane, 22.)— 
3. (Suet, Octav., 33.) —4. (Pro Mil., 6.)— 5. (Bell. Civ., iii., 
93.)— 6. (Compare Spanheim, Numism., ii., p. 199.)— 7. (De 
Leg-., n-.. 16 )— 8 {Cic. 1. c.)— 9. (Agr., ii., 2.)— 10. (Index 
I-eif ) 



Scipio Africanus the younger, for which he wao 
censured by the aristocratical party. 1 

3. Papiria Lex, proposed by the tribune C. Pa- 
pirius Carbo B.C. 131, introduced the ballot in the 
enactment and repeal of laws. 2 

4. C^elia Lex, proposed by C. Caelius Caldua 
B.C. 108, introduced the ballot in cases of perduel- 
lio, which had been excepted in the Cassian law. 3 

There was also a law brought forward by Marius 
B.C. 119, which was intended to secure freedom 
and order in voting. 4 

TABELLA'RIUS, a Letter-carrier. As the Ro- 
mans had no public post, they were obliged to em- 
ploy special messengers, who were called tabellarii, 
to convey their letters (tabella, litcra), when they 
had not an opportunity of sending them otherwise.* 

TABE'LLIO, a Notary. 6 Under the Empire the 
tabelliones succeeded to the business of the scribae 
in the times of the Republic. (Vid. Scribe.) 
They were chiefly employed in drawing up legal 
documents, and for this purpose usually took theii 
stations in the market-places of towns. 7 They 
formed a special order in the state." 

TABERNA is defined by Ulpian as any kind 01 
building fit to dwell in, " nempe ex eo, quod tabulu 
claudilur," or, 9 according to the more probable ety- 
mology of Festus, because it was made of planks. 1 ' 
Festus 11 asserts that this was the most ancient kind 
of abode used among the Romans, and that it was 
from the early use of such dwellings that the words 
taberna and tabernaculum were applied to military 
tents, though the latter were constructed of skins. 
We know very little of the form and materials of 
the ancient tents ; but we may infer, from the no- 
tices we have of them, that they were generally 
composed of a covering of skins, partly supported by 
wooden props, and partly stretched on ropes. Some- 
times, in a permanent camp, they may have been 
constructed entirely of planks ; and sometimes, in 
cases of emergency, garments and rushes were 
spread over any support that could be obtained. 1 ' 
From taberna, when used in this sense, are derived 
tabernaculum, the more common name of a tent, and 
Contubernat.es. 

The usual name of taberna is a shop. Neither 
the ancient authors nor the remains of Pompeii 
lead us to suppose that tradesmen often had their 
shops forming parts of their houses, as with us. A 
few houses are indeed found at Pompeii entirely de 
voted to the purposes of trade, consisting, that is, 
of the shop and the rooms occupied by the trades- 
man and his family. 

Most commonly, the shops formed a part of a 
large house, to the owner of which they belonged, 
and were by him let out to tradesmen. ( Vid. 
House, Roman, p. 519.) Some of the shops round 
a house were retained by the owner for the sale of 
the produce of his estates. This arrangement of 
the shops was probably an improvement on an older 
plan of placing them against the walls of houses. 
Even under the emperors we find that shops were 
built out so far into the street as to obstruct the 
thoroughfare. Martial 13 mentions an edict of Domi- 
tian by which the practice was put down, and the 
shops were confined within the areas of the houses 

The following are the m^st remarkable classes of 
shops of which we have notices or remains : 

1. Shops for the sale of wine, hot drinks, and 
ready-dressed meat. (Vid. Caupona.) 

1. (Cic.,De Leg., iii., 16.— Brut, 25, 27 — Pro Sextio, 48.— 
Ascon. in Cornel., p. 78, ed. Orelli.)— 2. (Cic, De Leg., iii., 16.) 
—3. (Cic. 1. c)— 4. (Cic, De Leg., iii., 17.— Plut., Mar., 4.)- 
5. (Cic, Phil., ii., 31.— Cic ad Fam., xii., 12 ; xiv., 22.)— f 
(Suidas, s. v.)— 7. (Cod., iv., tit. 21, s. 17.— Novell., 73, c 5, <fec 
—8. (Gothof. ad Cod. Theod., xii., tit. 1, s. 3.)— 9. (Dig. 50, ti. 
10, f) 183.)— 10. (Festus, s. v. Contubeniales, Tabernacnla.)— / 
(s. v. Adtibernalis.) — 12. (Lipsius, De Milit. Rom., in *per 
p. 154-155.)— 13. (vii., 61.) 

943 



TABULAE. 



iABUL.fi 



2. Bakers' shops. Of these several have been 
found at Pompeii, containing the mill as well as the 
other implements for making bread. (Vid. Mola, 
Pistor.) 

3. Booksellers' shops. (Vid. Bibliopola.) 

4. Barbers' and hairdressers' shops. ( Vid. Bar- 
bae 

TABERNA'CULUM. (Vid. Taberna,Templum.) 
TABLI'NUM. (Vid. House, Roman, p. 517.) 
TA'BUL-'E. This word properly means planks 
or boards, whence it is applied to several objects, 
as gaming-tables, 1 pictures, 9 but more especially to 
tablets used for writing, of which alone we have to 
speak here. The name of tabulae was applied to 
any flat substance used for writing upon, whether 
stone or metal, or wood covered with wax. Livy, 3 
indeed, distinguishes between tabulae, and cera, by 
the former of which he seems to mean tablets of 
stone and metal; but tabula and tabella more fre- 
quently signify waxen tablets (tabula, cerata), which 
were thin pieces of wood, usually of an oblong 
shape, covered over with wax (cera). The wax 
was written on by means of the stilus. (Vid. Sti- 
lus.) These tabulae were sometimes made of ivory 
and citron-wood,* but generally of the wood of a 
more common tree, as the beech, fir, &c. The 
outer sides of the tablets consisted merely of the 
wood ; it was only the inner sides that were cov- 
ered over with wax. They were fastened to- 
gether at the backs by means of wires, which an- 
swered the purpose of hinges, so that they opened 
and shut like our books ; and to prevent the wax of 
one tablet rubbing against the wax of the other, 
there was a raised margin around each, as is clear- 
ly seen in the woodcut on p. 925. There were 
sometimes two, three, four, five, or even more 
tablets fastened together in the above-mentioned 
manner Two such tablets were called diptycha 
( (Ytirrvxa. ), which merely means " twice- folded" 
(trom TTTvcau, "to fold"), whence we have tctvktiov, 
or, with the r omitted, tzvktlov. The Latin word 
pugillares, which is the name frequently given to 
tablets covered with wax, 5 may perhaps be connect- 
ed with the same root, though it is usually derived 
from pugillus, because they were small enough to 
be held in the hand. Such tablets are mentioned as 
early as the time of Homer, who speaks of a nival- 
tztvktoc. 6 ( Vid. Diptycha.) Three tablets fastened 
together were called triptycha (rpivrrvxa), which 
Martial 7 translates by triplices (cera) ; in the same 
way we also read of pentaptycha (nevTdivTvxa), called 
by Martial 8 quintuplices (cera), and of polyptycha 
(TroTiVTTTvxa) or multiplices (cera). The pages of 
these tablets were frequently called by the name of 
cera alone ; thus we read of prima cera, altera cera, 
" first page," " second page." 9 In tablets contain- 
ing important legal documents, especially wills, the 
outer edges were pierced through with holes (fora- 
mina), through which a triple thread (linum) was 
passed, and upon which a seal was then placed. 
This was intended to guard against forgery ; and, if 
it was not done, such documents were null and 
void. 10 (Vid. Testamentum.) 

Waxen tablets were used among the Romans for 
almost every species of writing where great length 
was not required. Thus letters were frequently 
written upon them, which were secured by being 
fastened together with packthread and sealed with 
wax. Accordingly, we read in Plautus, 11 when a 
letter is to be written, 

" Effer cito stilum, ceram, et tabellas, ct linum.'''' 



The sealing is mentioned afterward. 1 Tabulae ant' 
tabellae are therefore used in the sense of let- 
ters. 2 Love-letters were written on very small 
tablets called vitelliani, 3 of which word, however, 
we do not know the meaning. Tablets of this kind 
are presented by Amor to Polyphemus on an an- 
cient painting. 1 

Legal documents, and especially wills, were al- 
most always written on waxen tablets, as mention- 
ed above. Such tablets were also used for ac 
counts, in which a person entered what he received 
and expended (tabula or codex accepti et expensi*), 
whence nova tabula mean an abolition of debts, ei- 
ther wholly or in part. 6 The above are merely in- 
stances of the extensive use of waxen tablets : it 
is unnecessary to pursue the subject farther. Re- 
specting the tabula public a, see Tabularium. 

Two ancient waxen tablets have been discovered 
in a perfect state of preservation, one in a gold 
mine four or five miles from the village of Abrud- 
banya\ in Transylvania, and the other in a gold mine 
in the village itself. Of this interesting discovery 
an account has been published by Massmann in a 
work entitled " Libellus Aurarius, sive Tabula Ce- 
rata, et antiquissima et unice Romana in Fodina Au- 
raria apud Abrudbanyam, oppidulum Transsylvanum, 
nuper reperta," Lipsiae (1841). An account of 
these tablets, taken from Massmann's description, 
will serve as a commentary on what has been said 
above. Both the tabulae are triptycha, that is, con- 
sisting of three tablets each. One is made of fir 
wood, the other of beech wood, and each is about 
the size of what we call a small octavo. The out- 
er part of the two outside tablets of each exhibits 
the plain surface of the wood, the inner part is cov- 
ered •with wax, which is now almost of a black col- 
our, and is surrounded with a raised margin. The 
middle tablet has wax on both sides, with a margin 
around each, so that each of the two tabulae con- 
tains four sides or four pages covered with wax 
The edges are pierced through, that they might be 
fastened together by means of a thread passed 
through them. The wax is not thick in either ; it 
is thinner on the beechen tabulae, in which the sti- 
lus of the writer has sometimes cut through the 
wax into the wood. There are letters on both of 
them, but on the beechen tabulae they are few and 
indistinct ; the beginning of the first tablet contains 
some Greek letters, but they are succeeded by a 
long set of letters in unknown characters. The 
writing on the tabulae made of firwood is both 
greater in quantity, and in a much better state of 
preservation. It is written in Latin, and is a copy 
of a document relating to some business connected 
with a collegium. The name of the consuls is giv- 
en, which determines its date to be A.D. 169. One 
of the most extraordinary things connected with it 
is, that it is written from right to left. The writing 
begins on what we should call the last or fourth 
page, and ends at the bottom of the third ; and by 
some strange good fortune it has happened that the 
same document is written over again, beginning on 
the second page and ending at the bottom of the 
first, so that where the writing is effaced or doubt- 
ful in the one, it is usually supplied or explained by 
the other. 

Waxen tablets continued to be used in Europe 
for the purposes of writing in the Middle Ages ; but 
the oldest of these with which we are acquainted 
belongs to the year 1301 A.D., and is preserved in 
the Florentine museum. 

The tablets used in voting in the comitia and the 



1. (Juv.,i.,90.)-2. (Cic.,De Fin., v., 1.— Propert., i.,2. 22.) 
a . (i.,24.)-4. (Mart., xiv., 3, 5.) — 5. (Mart., xiv., 3.— GelL, 1. (1. 96.-Compare Cic .in Catil., in., 5;) — 2. (Ovid, Met., 

xvii., 9.-Plin., Ep., i.,6.)-6. (II, vi., 169.)— 7. (xiv., 6.)-8. ix., 522.)-3. (Mart xiv., 8 9 )_4. Mus Borbon ,.,tav 2.)- 

(riv., 4.)— 9. (Compare Suet., Ner., 17.)— 10. (Id., 1. e.— Pan- 5. (Cic, Pro Rose. Com., 2.)-6. (Suet., Jul., 42.~Cic, D« 

Vis, S. R., v., 25, v 6.) -11. (Bacchid., -v., 4. 64.) Off.. ii., 23.) 
944 



TiSSDA. 



TAGUS. 



courts of justice were also called tabulae as well as 
tabellae. (Vid. Tabell^e.) 

TABULA'RII were notaries or accountants, who 
are first mentioned under this name in the time of 
the Empire. 1 Public notaries, who had the charge 
of public documents, were also called tabularii, 3 and 
these seem to have differed from the tabelliones in 
the circumstance that the latter had nothing to do 
with the custody of the public registers. Public 
tabularii were first established by M. Antoninus in 
the provinces, who ordained that the births of all 
children were to be announced to the tabularii with- 
in thirty days from the birth. 3 Respecting the oth- 
er duties of the public tabularii, see Cod. Theod., 
viii., tit. 2, and Gothrofr., ad loc. 

TABULA'RIUM, a place where the public rec- 
ords (tabula, publico:) were kept. 4 These records 
were of various kinds, as, for instance, senatus con- 
sulta, tabulae censorias, registers of births, deaths, 
of the names of those who assumed the toga viri- 
lis, <Scc. 6 There were varrous tabular ia at Rome, 
all of which were in temples ; we find mention 
made of tabularia in the temples of the nymphs, 6 
of Lucina, of Juventus, of Libitina, of Ceres, and 
more especially in that of Saturn, which was also 
the public treasury. 7 (Vid. ^Erarium.) 

A tabularium was also called by other names, as 
grammatophylacium, archium, or archivum* In a 
private house the name of lablinum was given to 
the place where the family-records and archives 
were kept. {Vid. House, Roman, p. 517.) 

T^EDA or TEDA (date, Alt. dac, dim. Sadlov), 
a light of firwood, called on this account pinea 
tada. 9 Before the adoption of the more artificial 
modes of obtaining light, described under Candela, 
Ellychnium, Fax, Funale, and Lucerna, the in- 
habitants of Grecee and Asia Minor practised the 
following method, which still prevails in those 
countries, and to a certain extent in Scotland and 
Ireland, as well as in other parts of Europe, which 
abound in forests of pines. 10 A tree having been se- 
lected of the species Pjnus Maritima, Linn., which 
\\as called ttevkt] by the ancient Greeks from the 
time of Homer, 11 and which retains this name, with 
a slight change in its termination, to the present day, 
a large incision was made near its root, causing the 
turpentine to flow so as to accumulate in its vicin- 
ity. This highly resinous wood was called dfe, i. 
c, torch-wood ; a tree so treated was called kv6a- 
doj", the process itself evdadovv or dadovpyelv, and 
the workmen employed in the manufacture, dadovp- 
yoi After the lapse of twelve months, the portion 
thus impregnated was cut out and divided into 
suitable lengths. This was repeated for three suc- 
cessive years, and then, as the tree began to decay, 
the heart of the trunk was extracted, and the roots 
were dug up for the same purpose. 13 These strips 
of resinous pinewood are now called dadia by the 
Greeks of Mount Ida. 13 

When persons went out at night they took these 
lights in their hands, 14 more particularly in a nup- 
tial procession. 15 Hence tada felices signified "a 
happy marriage ;" 16 and these lights, no less than 
proper torches, are attributed to Love and Hynen. 17 



I. (Sen., Ep., 88.— Dig. 11, tit. 6, s. 7 ; 50, tit. 13, s. 1, $ 6.)— 
2. (Dig. 43, tit. 5, s. 3.) — 3. (Capitol., M. Anton., 9.)— 4. (Cic, 
Pro C. Rabir., 3 ; Pro Arch., 4.) — 5. ( Vid. Abram. ad Cic, Mil., 
»7.)— 6. (Cic, Pro Mil., 27.)— 7. (Sen-, ad Virg., Georg., ii.,502. 
—Capitol., M.Anton., 9.)— 8. (Dig. 48, tit. 19, s.9.)— 9. (Catull., 
lix., 15.— Ovid, Fast., ii., 558.)— 10. (Fellows, Exc in Asia Mi- 
nor, p. 140, 333-335.)— 11. (II., xi., 494 ; xiiii., 328.)— 12. (The- 
«nhr., H. P., i., 6, $ 1 ; iii., 9, $ 3, 5 ; iv., 16, $ 1 ; x., 2, t) 2, 3. 
— At'aen., xv., 700,/.) — 13. (Hunt and Sibthorp, in Walpole's 
Mern., p. 120, 235.)— 14. (Arist., Eccles., 688, 970.) — 15. (Hum., 
11 xvni., 492.— Hes., Scut., 275— Aristoph., Pax, 1317.— Ovid, 
Met., it. 326.— Id., Fast., vi., 223.)— 16. (Catullus, 61, 25.— 
Compare Prudent., c Synim., ii., 165.)— 17. (Ovid, Met., iv., 
"58.) 

r. D 



It was usual to Dlace these ai tides as ofl>nngs 
in the temples, especially at the great festivals. 1 

Having been previously burned into charcoal, 
they were used in the manufacture of lampblack or 
Atramentum. 3 

TAENIA or TAINIA. ( Vid. Vitta, Strophium.) 

*II. The Cepola Tania, L., or Tape-fish. It is «o 
called from its being slender like a riband. Ron- 
delet describes two species of it.' 

TAGUS (rayoc), a leader or general, was more 
especially the name of the military leader of the 
Thessalians. Under this head it is proposed to 
give a short account of the Thessalian constitution. 

The Thessalians were a Thesprotian tribe, 4 and 
originally came from the Thesprotian Ephyra. Un- 
der the guidance of leaders who are said to have 
been descendants of Hercules, they invaded the 
western part of the country, afterward called Thes- 
saly, and drove out or reduced to the condition of 
Penestae, or bondsmen, the ancient JEolian inhab- 
itants {ttjv t6te pev Aio2,ida,vvv 6e QerraMav naTiov- 
pivnv s ). The Thessalians afterward spread over 
the other parts of the country, and took possession- 
of the most fertile districts, and compelled the 
Peraebi, Magnetes, Achaean Phthiotae, and other 
neighbouring people to submit to their authority 
and to pay them tribute. 6 The population of Thes- 
saly therefore consisted, like that of Laconica, of 
three distinct classes. 1. The Penestae, whose 
condition was nearly the same as that of the He- 
lots. ( Vid. Penestai.) 2. The subject people, who 
inhabited the districts which were not occupied by 
the Thessalian invaders. They paid tribute, as 
stated above, but were personally free, though they 
had no share in the government. They corre- 
sponded to the Perioeci of Laconica, by which name 
they are called by Xenophon. 7 (Vid. Pertceci.) 
3. The Thessalian conquerors, who alone had any 
share in the public administration, and whose lands 
were cultivated by the Penestae. 

For some time after the conquest Thessaly seems 
to have been governed by kings of the race of Her- 
cules, who may, however, have been only the heads 
of the great aristocratical families, invested with 
the supreme power for a certain time. Under one 
of these princes, named Aleuas, the country was 
divided into four districts, Phthiotis, Histiaeotis, 
Thessaliotis, and Pelasgiotis. 9 This division con- 
tinued till the latest times of Thessalian history, 
and we may therefore conclude that it was not 
merely a nominal one. Each district may perhaps 
have regulated its affairs by some kind of provin- 
cial council, but respecting the internal government 
of each we are almost entirely in the dark. 9 

When occasion required, a chief magistrate was 
elected under the name of tagus (rayos), whose 
commands were obeyed by all the four districts. 
He is sometimes called king (PaGilevc 10 ), and some- 
times dpxoc. 11 His command was of a military 
rather than of a civil nature, and he seems only to 
have been appointed when there was a war, or one 
was apprehended. Pollux, 13 accordingly, in his list 
of military designations, classes together the bceo- 
tarchs of the Thebans, the king of the Lacedaemo- 
nians, the polemarch of the Athenians (in reference 
to his original duties), and the tagus of the Thessa- 
lians. We do not know the extent of the power 
which the tagus possessed constitutionally, nor the 
time for which he held the office ; probably neither 

1. (Theophrast., Char., 5, s. 3.)— 2. (Vitruv., -»ii., 10.— Plin., 
H. N., xxxv., 6, s. 25.)— 3. (Aristot., H. A., u., 13 — Oppian, i.— 
Adams, Append., s. v.) — 4. (Herod., vii., 176.— Voll. Paterc, i., 
3.)— 5. (Diod., iv., 57.) — 6. (Thuc, ii., 101; iv., '78 ; vin., 3.- 
Arist.,Pol.,ii.,6.)— 7. (Hell., vi., M 19.)— 3. (Aristot.ap. Harp, 
.« v T'-eaoxia.— Strab., ix., p. 430.) — 9. (Thirlwall, Hist, of 
Greece., i., p. 437.)— 10. (Herod., v., 63 )— 11. (Dionys., v., 74.)- 
12. (i., 128.) 

945 



TAGUS. 



TALARIA. 



was precisely fixed, and depended on the circum- 
stances and the character of the individual. 1 He 
levied soldiers from the states in each district, and 
seems to have fixed the amount of tribute to be 
paid by the allies. 2 When Jason was tagus, he had 
an army of more than 8000 cavalry and not less 
than 20,000 hoplites ; 3 and Jason himself says that 
when Thessaly is under a tagus, there is an army 
of 6000 cavalry and 10,000 hoplites. 4 The tribute 
which Jason levied from the subject towns was the 
same as had been previously paid by one of the 
Scopadae, whom Buttmann supposes to be the same 
Scopas as the one mentioned by yElian 5 as a con- 
temporary of Cyrus the younger. When Thessaly 
was not united under the government of a tagus, 
the subject towns possessed more independence. 6 
In later times some states called their ordinary ma- 
gistrates rayoc, 7 which may have been done, how- 
ever, as Hermann suggests, only out of affectation. 
Thessaly, however, was hardly ever united under 
one government. The different cities administer- 
ed their own affairs independent of one another, 
though the smaller towns seem to have frequently 
been under the influence of the more important 
ones {tuv ki; ifiuv (ruv QapaaVitdv) j]prr]fJLEvuv tzo'X.e- 
ov 9 ). In almost all the cities the form of govern- 
ment was aristocratical (Svvaareia fiallov rj Ivovo/iia 
eXpuvTO to kyx&piov ol Qeaaalol 9 ) ; and it was chief- 
ly in the hands of a few great families, who were 
descended from the ancient kings. Thus Larissa 
was subject to the Aleuadae, whence Herodotus 10 
calls them kings of Thessaly ; Cranon or Crannon 
to the Scopadae, and Pharsalus to the Creondae. 11 
These nobles had vast estates cultivated by the 
Penestae ; they were celebrated for their hospitality, 
and lived in a princely manner ((piXot-evoc te nal fie- 
ya)M~ps-nT}(; top QettoKlkov Tpo-xov 1 *) ; and they at- 
racted to their courts many of the poets and artists 
of southern Greece. The Thessalian commonalty 
did not, however, submit quietly to the exclusive 
rule of the nobles. Contests between the two class- 
es seem to have arisen early, and the conjecture of 
Thirlwall, 13 that the election of a tagus, like that of 
a dictator at Rome, was sometimes used as an ex- 
pedient for keeping the commonalty under, appears 
very probable. At Larissa the Aleuadae made some 
concessions to the popular party. Aristotle 14 speaks, 
though we do not know at what time he refers to, 
of certain magistrates at Larissa, who bore the name 
of TrohiTotyvXaiceg, who exercised a superintendence 
over the admission of freemen, and were elected 
themselves out of the bndy of the people, whence 
they were led to court the people in a way unfa- 
vourable to the interests of the aristocracy. There 
were also other magistrates at Larissa of a demo- 
cratical kind, called Aaptcoo7roioi. 15 Besides the 
contests between the oligarchical and democratical 
parties, there were feuds among the oligarchs them- 
selves ; and such was the state of parties at Larissa 
under the government of the Aleuadae two genera- 
tions before the Persian war, that a magistrate was 
chosen by mutual consent, perhaps from, the com- 
monalty, to mediate between the parties {apx^v /lie- 
aidios 16 ). At Pharsalas, too, at the close of the Pel- 
oponnesian war, the state was torn asunder by in- 
testine commotions, and for the sake of quiet and 
security the citizens intrusted the acropolis and the 
whole direction of the government to Polydamas, 
who discharged his trust with the strictest integ- 



rity 



17 



1. (Thirlwall, i., p. 438.) — 2. (Xen., Hell., vi., 1, 4 19.) — 3. 
(Xen., 1., c.)^. (Id., vi., 1, 4 8.)— 5. (V. H., xii., 1.)— 6. (Xen., 
Hell., vi., 1, 4 9.)— 7. (B8ckh, Corp. Inscr., n. 1770.)— 8. (Xen., 
Hell., vi., 1, 4 8.) — 9. (Thucyd., iv., 78.) — 10. (vii., 6.) — 11. 
(Compare Theocr., xvi., 34, &c.)— 12. (Xen., Hell., vi., 1,4 3.) 
—13. (i., p. 438.)— 14. (Pol., v., 5.)— 15. (Aristot., Pol., in., 1.) 
—16 (Aristot., Pol., v., 5.)— 17. (Xen., Hell., vi., 1, i> 2, 3.) 
946 



The power of the aristocratical families, ho wevei, 
seems. to have continued with little diminution til. 
towards the close of the Peloponnesian war, when 
decided democratical movements first begin to ap- 
pear. At this time the Aleuadae and the Scopad<e 
had lost much of their ancient influence. Pherae 
and Pharsalus then became the two leading states 
in Thessaly. At Pherae a tyranny, probably arising 
from a democracy, was established by Lycophron, 
who opposed the great aristocratical families, and 
aimed at the dominion of all Thessaly. 1 The latter 
object was accomplished by Jason, the successor 
and probably the son of Lycophron, who effected an 
aMiance with Polydamas of Pharsalus, and caused 
himself to be elected tagus about B.C. 374. While 
he lived the whole of Thessaly was united as one 
political power, but after his murder in B.C. 370 his 
family was torn asunder by intestine discords, and 
did not long maintain its dominion. The office of 
tagus became a tyranny under his successors, Poly- 
dorus, Polyphron, Alexander, Tisiphonus, and Ly- 
cophron ; till at length the old aristocratical fami- 
lies called in the assistance of Philip of Macedonia, 
who deprived Lycophron of his power in B.C. 353, 
and restored the ancient government in the different 
towns. At Pherae he is said to have restored pop- 
ular, or, at least, republican government. 2 The 
country, however, only changed masters ; for a few 
years later (B.C. 344) he made it completely sub- 
ject to Macedonia by placing at the head of the four 
divisions of the" country, tetrarchies or tetradarchies, 
which he re-established, governors devoted to his 
interests, and probably members of the ancient no- 
ble families, who had now become little better than 
his vassals. 3 Thessaly from this time remained in 
a state of dependance on the Macedonian kings, 4 till 
the victory of T. Flaminius at Cynoscephalae, in B.C. 
197, again gave them a show of independence under 
the protection of the Romans. 5 

TALA'RIA, small wings fixed to the ankles of 
Mercury, and reckoned among his attributes (keSl- 
la, 6 7TT^voTTE6i?i,og''). In many works of ancient art 
they are represented growing from his ankles, as if 
they were a part of his bodily frame ; but more fre- 
quently they are attached to him as a part of his 
dress, agreeably to the description of the poets ; 9 
and this is commonly done by representing him with 
sandals, which have wings fastened to them on 
each side over the ankles. But there is a most 
beautiful bronze statue of this divinity in the Mu- 
seum at Naples, in which the artist, instead of the 
sole of a sandal, has made the straps unite in a ro- 
sette under the middle of the foot (see woodcut), ev- 
idently intending by this elegant device to represent 
the messenger of the gods as borne through space 
without touching the ground. . 

Besides Mercury, the artists of antiquity also rep 
resented Perseus as wearing winged sandals, 9 be- 
cause he put on those of Mercury when he went on 
his aerial voyage to the rescue of Andromeda. 13 
(Vid. Falx.) The same appendage was ascribed to 
Minerva, according to one view of her origin, v ; z , 
as the daughter of Pallas. 11 

1. (Xen., Hell., ii., 3, 4 4.— Diodor., xiv., 82.)— 2 (Diod.. xvi., 
38.) — 3. (Dem., Philip., ii., p. 71 ; hi., p. 117— Harpocr., s. v.) 
—4. (Polyb., iv., 76.)— 5. (Liv., xxxiii., 34 ; xxxiv., 51.— P'.lyb., 
xviii., 30.— Buttmann,Mythol., No. xxii. — Von dem GescLlecht 
der Aleuaden. — Vcemel, De Thessaliae incolis antiq., Frankf., 
1829. — Horn, De Thess. Maced. imp. subj., Gryphise, 1829.— 
Tittmann, Darstellung der Griech. Staatsv., p. 713, &c— Schd- 
mann, Ant. Jur. Publ. Gr., p. 401, &c. — Hermann, Lehrbach 
der Griech. Staatsalt., 4 178.) — 6. (Athen., xii., 537, /.)— 7. 
(Orph., Hymn., xxvii., 4— Ovid, Met., ii., 636. — Fulgent.. My 
thol., i.)— 8. (Horn., Il.,xxiv., 340. — Od., v., 44.— Virg., JEn. t 
iv., 239.)—9. (Mon. Matth., iii., 28.— Inghirami, Vasi Fittili, i., 
tav. 70; iv., tav. 166.) — 10. (Ovid, Met., iv., 665-667. — lies., 
Scut., 216-220.— Eratosth., Catast., 22.— Hygin , Poet. Astron., 

| jj_ ? 12.)— 11. (Cic, De Nat. Deor., iii., 23. — Tzetzes, schol ic 

, Lycoph., 355.) 



TALENTUM. 



TALENTUM. 




TALAROS irdlaooc). (Vid. Calathus.) 
TALA'SSIO. (Vid. Marriage, Roman, p. 625.) 
TALENTUM (rdXavrov) meant originally a bal- 
ance (vid. Libra), then the substance weighed, and 
lastly and commonly a certain weight, the talent. 
The Greek system of money, as well as the Roman 
(vid. As), and those of most other nations, was 
founded on a reference to weight. A certain weight 
of silver among the Greeks, as of copper among the 
Romans, was used as a representative of a value, 
which was originally and generally that of the metal 
itself. The talent, therefore, and its divisions, are 
denominations of money as well as of weight. 

The Greek system of weights contained four prin- 
cipal denominations, which, though different at dif- 
ferent times and places, and even at the same place 
for different substances, always bore the same rela- 
tion to each other. These were the talent (rdlavrov), 
which was the largest, then the mina (fivd), the 
drachma (dpaxpf/), and the obolus (b6o"koc). Their 
relative values are exhibited in the following table : 

Obol. 



6 


Drachma. 




600 


100 


Miqa. 


36,000 


6000 


60 



|Talent. 

The multiples and subdivisions of the drachma and 
obolus have been noticed under Drachma. 

1. The Attic Talent. — It appears from existing 
coins, which we have every reason to trust, since 
the Attic silver money was proverbially good, that 
the drachma, which was the unit of the system, 
weighed 66 5 grains. (Vid. Drachma.) Hence we 
get the following values for the Attic weights in 
English avoirdupois weight : 

lb. oz. gr«. 

Obol 1108 

Drachma 665 

Mina 15 83 75 

Talent 56 \b\ 10032 

These values refer to the time after Solon, for we 
hive no drachmae of an earlier date. We may, 
however, arrive at a probabie conclusion respecting 
the state of things before Solon's reform of the cur- 
rency, by referring to another standard of the talent, 
which was used in commercial transactions, and the 
mina of which was called the commercial mina (rj 
uvd tj hfiTTopiKr]). This mina is mentioned in a de- 
cree, 1 the date of which is uncertain (about the 155th 
Olympiad, or B.C. 160, according to Bockh), as 
weighing 138 drachma;, Zrt^ai^Jpou, according to 
the standard weights in the silver mint. (Vid. Ar- 
gyrocopeiox.) In this system, however, the relative 
proportion of the weights was the same as in the 
other ; we have, therefore, 

lb. oz. prs. 

Obol 15 29 

Drachma 9177 

Mina 1 4| 93 69 

Talent 75 5| 1469 

These weights were used for all commodities ex- 
cept such as were required by law to be weighed 

1. (Bockh, Corp. Inscrip. i., 123, 6 4.; 



according to the other standard, which was also the 
one always used for money, and is therefore called 
the silver standard. No date is mentioned for the. 
introduction of this system : it w r as, therefore, prob- 
ably very old ; and, in fact, as Bockh has shown, 
there is every reason to believe that it was the old 
system of Attic weights which was in use before the 
time of Solon. 1 Solon is known to have lowered 
the standard of money in order to relieve debtors ; 
and Plutarch 3 informs us, on the testimony of An- 
drotion, that " Solon made the mina of 100 drachmae, 
which had formerly contained 73." It is incredible 
that a large prime number, such as 73, should have 
been used as a multiplier in any system of weights; 
but what Plutarch meant to say was, that Solon 
made a min<i, or 100 drachmae, out of the same quan- 
tity of silvei which was formerly used for 73 drach- 
mae. The proportion, therefore, of the ancient 
weights to those fixed by Solon was 100 : 73. Now 
this was very nearly the proportion of the commer- 
cial mina to the silver mina, namely, 138 : 100, 
=100 : 73|f. But why should Solon have adopted 
so singular a proportion 1 It was probably an acci- 
dent. Bockh has shown that in all probability So- 
lon intended to reduce the mina one fourth, that is, 
to make 100 drachmae of the new coinage equal to 
75 of the old, but that, by some inaccuracy of man- 
ufacture, the new coins were found to be a little too 
light ; and, as Solon's coinage furnished the stand 
ard for all subsequent ones, the error was retained. 
In fixing upon one fourth as the amount of the re- 
duction, Solon seems to have been guided by the 
wish of assimilating the Attic system to anothei 
which was extensively used, but the origin of which 
is unknown, namely, the Euboic talent, which will 
be presently spoken of. 

The commercial weights underwent a change by 
the decree mentioned above, which orders that 12 
drachmae of the silver standard shall be added to 
the mina of 138 drachmae ; that to every five com 
mercial minae one commercial mina shall be added ; 
and to every commercial talent five commercial mi 
nae. Thus we shall have, 

the mina =150 drachmae (silver), 
5 minae = 6 minae (commercial), 
the talent = 65 minae (commercial). 

The five-minae weight of this system was equal 
to 7 lbs. 131 oz. 14-96 grs. avoirdupois, and the talent 
to 85 lbs. 2^ oz. 70 7 grs. 

" The weights were kept with great care at Ath- 
ens. The standards or models (077/cw/zara) were de- 
posited in the Acropolis ; and there were others in 
the keeping of persons appointed to take charge of 
them, in the Prytaneum at Piraeus and at Eleusis." 3 

The other Greek weights are computed from 
their relation to the Attic, as stated by ancient 
writers, and from existing coins. Unfortunately, 
the writers do not always agree with the coins, nor 
with each other. 

2. The Euboic Talent is often reckoned equivalent 
to the Attic. Herodotus 4 makes the Babylonian 
talent equal to 70 Euboic minae, Pollux 6 to 7000 
Attic drachmae, i. e., to 70 Attic minae. Comparing 
these two statements, we find the Attic and Euboic 
weights equal. But it is likely that Pollux is not 
quite right, and that the Euboic standard was a 
little greater than the Attic : for JElian 6 gives 72 
Attic minae for the value of this same Babylonian 
talent, which would make the ratio of the Euboic 
to the Attic 72 : 70, which is the same as 75 : 72}|. 
In this fact we have the ground of the supposition 



1. (Bockh, Publ. Econ. of Athens, i., p. 193. — Id., Metrolog. 
Untersuch., ix., 1, p. 115.)— 2. (Solon, 15.) — 3. (Hussey, p. 20, 
who quotes Eockh, Inscr., i., 150, <> 24 ; 151, t> 40 ; 123, $ 5, G.» 
4. (iii.,89.)— 5. (Onom., ix., 6.)— 6. (Var. H st., i., 22.) 

Q47 



TALENTUM. 



TALENTUM. 



itated above, that Solon intended to assimilate the 
Attic standard to the Eubo'ic : for we have seen that 
the old Attic talent was to Solon's as 100 : 72ff . 
Assuming that Solon intended this ratio to have 
been 109 : 75, we have the intended value of Solon's 
talent to its actual value as 75 : 72f-§, which is al- 
most identical with the ratio of the Eubo'ic talent to 
th3 Attic talent of Solon. The Eubo'ic talent would 
therefore exceed the Attic merely by the error 
which was made in the formation of the latter. 

Another computation of the Eubo'ic talent is given 
by Appian, 1 who makes it equal to 7000 drachmae, 
i. e., 70 minae of Alexandrea. (See below, on the 
A-lexandrean talent.) 

Festus, in the Excerpta of Paulus, 2 makes it 
equal to 4000 denarii. This is clearly an error : 
very probably Paulus applied the statement of Fes- 
tus respecting the Rhodian talent to the Eubo'ic. 
(See below, on the Rhodian talent.) 

The Romans seem to have reckoned both the Eu- 
bo'ic and Attic talents equal to 80 Roman pounds. 3 

3. The Talent of Mgina has been almost always 
considered to have borne to the Attic the ratio of 
5 : 3, according to the statement of Pollux, that the 
.^Eginetan talent contained 10,000 Attic drachmae, 
and the drachma 10 Attic obols.* Mr. Hussey, 
however, observes that this value would give an 
vEginetan drachma of 110 grains, whereas the ex- 
isting coins give an average of only 96 ; and he 
explains the statement of Pollux as referring, not to 
the old Attic drachmae of the full weight, but to the 
lighter drachma which was current in and after the 
reign of Augustus, and which was about equal to 
the Roman denarius. (Vid. Drachma.) 

Taking, then, the value of the drachma given by 
the coins, we have the following values for the 
^Eginetan weights : 

lb. oz. grs. 

0)0l 15 

Drachma 96 

Mina 1 5| 78 96 

Talent 82 3| 3046 

On the other hand, Bockh adheres to the propor- 
tion of 5 : 3, as given by Pollux, who could not (he 
contends) have meant by drachmae those equal to 
the denarii, because he is not making a calculation 
of his own, suited to the value of the drachma in 
his time, but repeating the statement of some an- 
cient writer, who lived when the Attic and ^Egine- 
tan currencies were in their best condition. Mr. 
Hussey himself states, 5 and for a similar reason to 
that urged by Bockh, that when Pollux speaks of 
the value of the Babylonian talent in relation to the 
Attic, he is to be understood as referring to Attic 
money of the full weight : and Bockh adds the im- 
portant remark, that where Pollux reckons by the 
lighter drachmae, as in the case of the Syrian and 
small Egyptian talents, this only proves that those 
talents had but recently come into circulation. 
Bockh thinks it very probable that Pollux followed 
the authority of Aristotle, whom he used much, and 
who had frequent occasions for speaking of the val- 
ues of money in his political works. 

Again : as the ^Eginetan standard was that which 
prevailed over the greater part of Greece in early 
times, we should expect to find some definite pro- 
portion between it and the old Attic before Solon ; 
and, if we take the statement of Pollux, we do get 
such a proportion, namely, that of 6 : 5. 

Bockh supports his view by the evidence of ex- 
isting coins, especially the old Macedonian, before 
the adoption of the Attic standard by Philip and 
Alexander, which give a drachma of about 110 

1. (Hist. Sic, v., 2.) — 2. (s. v. Euboicum talentum.)— 3. (Po- 
lyb., xxi., 14. — Liv., xxxvii., 45, compared with Polyb.. xxii., 26. 
-Liv., xxxviii., 38 )— 4 (Poll., Onom., ix., 76, 86.)— 5. (p. 34.) 
948 



grains, which is to the Attic as 5 : ? The identtt) 
of the old Macedonian standard with the /Eginetan 
is proved by Bockh. 1 There are also other verj 
ancient Greek coins of this standard, which had 
their origin, in all probability, in the ^Eginetan sys- 
tem. 

The lightness of the existing coins referred to by 
Hussey is explained by Bockh from the well-known 
tendency of the ancient mints to depart frorr. the 
full standard. 

Mr. Hussey quotes a passage where Herodotus' 
states that Democedes, a physician, after receiving 
a talent in one year at iEgina, obtained at Athens 
the next year a salary of 100 minae, which Herodo- 
tus clearly means was more than what he had be- 
fore. But, according to Pollux's statement, the 
two sums were exactly equal. But Herodotus says 
nothing of different standards ; surely, then, he 
meant the same standard to be applied in both cases. 

From comparing statements made respecting the 
pay of soldiers, Hussey 3 obtains 4 : 3 as about the 
ratio of the iEginetan to the Attic standard. Bockh 
accounts for this by supposing that the pay of sol- 
diers varied, and by the fact that the ^Eginetan 
money was actually lighter than the proper stand- 
ard, while the Attic at the same period was very 
little below the full weight. 

There are other arguments on both sides, but 
what has been said will give a sufficiently complete 
view of the question. 

It is disputed whether the standards of Corinth 
and Sicily followed that of Athens or that of ^Egina. 
For the discussion of this question, the reader is re- 
ferred to the works of Bockh and Hussey. 

4. The Babylonian talent had to the Attic the ra- 
tio of 7 : 6 according to Pollux* and Herodotus, 5 or 
72 : 60 according to ^Elian. 6 Bockh, understanding 
these statements as referring to the old Attic, makes 
the Babylonian standard equal to the iEginetan 
This standard was much used for silver in the Per- 
sian empire 

5. The accounts of the Egyptian, Alexandrean, or 
Ptolemaic Talent are very confused. On the whole, 
it seems to have been equal to twice the Attic. 

6. The Tyrian Talent appears to have been ex- 
actly equal to the Attic. 

7. A Rhodian Talent is mentioned by Festus in a 
passage which is manifestly corrupt. 7 The most 
probable emendation of the passage gives 4000 cis- 
tophori or 7500 denarii as the value of this talent. 

8. A Syrian Talent is mentioned, the value of 
which is very uncertain. There were two sizes of 
it. The larger, which was six times that used for 
money, was used at Antioch for weighing wood. 

9. A Cilician Talent of 3000 drachmae, or half 
the Attic, is mentioned by Pollux. 8 

The above were used for silver, but the actual 
coinage went no higher than the drachma, and a few 
multiples of it, the highest known with certainty 
being the tetradrachm. The mina and talent were 
sums of money, not coins. 

A table of Attic money up to the tetradrachma is 
given under Drachma. The mina was U. Is. 3d., 
the talent 243/. 15s. The JEginetan mina was, ac- 
cording to the existing coins, 51. 1&s. Id., the talent 
343/. 15s. ; but, according to the statement of Pol- 
lux mentioned above, the mina was 61. 15s. 5d. f the 
talent 406Z. 5s. 

A much smaller talent was in use for gold. It 
was equal to 6 Attic drachmae, or about f oz. and 
71 grs. It was called the gold talent, or the Sicilian 
talent, from its being much used by the Greeks of 
Italy and Sicily. This is the talent always meant 



1. (Metrol., p. 89. — Compare Miiller, Dor., in., 10, f) 12, and 
^Eginet., p. 54-58.)-2. (iii., 131.)— 3. (p. 61.)— 4. (ix., 86.)— 5 
(iii., 89.)— 6. (Var. Hist., i., 22.)- ". (s. v. Talentum.)— 8. fix., 6.; 



TALUS 



TALUS. 



when the word occurs in Homer. The Italian 
Greeks divided it into 24 nmnmi, and afterward into 
12, 1 each nummus containing 2£ litrse. (Compare 
Litra and Sestertius.) This talent was perhaps 
so called from the weight of gold contained in it 
being equal in value to a talent of copper, for the 
proportional value of gold to copper was 1000 : 1. 
This talent seems to have been divided into 3 minae, 
each equal in weight to a didrachm or stater ; for 
the talent of Thyatira is said to have been equal to 
three gold staters, 2 and Pollux 3 states that the gold 
stater was equal in value to a mina. 

This small talent explains the use of the term 
great talent (magnum talentum), which we find in 
Latin authors, for the silver Attic talent was great 
in comparison with this. But the use of the word 
by the Romans is altogether very inexact. 

There are other talents barely mentioned by an- 
cient writers. Hesychius* mentions one of 100 
pounds (Kirpuv), Vitruvius 5 one of 120 ; Suidas, 6 
Hesychius, and Epiphanius 7 of 125 ; Dionysius of 
Halicarnassus 8 one of 125 asses, and Hesychius 
th'-ee of 165, 400, and 1125 pounds respectively. 

Vhere talents are mentioned in the classical wri- 
ters without any specification of the standard, we 
n <st generally understand the Attic. 

TA'LIO, from talis, signifies an equivalent, but 
it is used only in the sense of a punishment or pen- 
alty the same in kind and degree as the mischief 
which the guilty person has done to the body of an- 
other. A provision as to talio occurred in the 
Twelve Tables : " Si membrum rupit ni cum eo pacit 
talio esto." 9 This passage does not state what talio 
is. Cato, as quoted by Priscian, 10 says : " Si quis 
membrum rupit aut os fregit, talione proximus cogna- 
tus ulciscatur." The law of talio was probably en- 
forced by the individual or his friends : it is not 
probable that the penalty was inflicted under a de- 
cision of a court of justice. It seems likely that it 
bore some analogy to the permission to kill an adul- 
terer and adultress in certain cases, which the Julia 
lex confirmed ; and if so, the law would define the 
circumstances under which an injured person or his 
cognati might take this talio. The punishment of 
death for death was talio ; but it is not said that 
the cognati could inflict death for death. Talio, 
as a punishment, was a part of the Mosaic law : 
" breach for breach, eye for eye, tooth for tooth : as 
he hath caused a blemish in a man, so shall it be 
done to him again." 11 

*TALPA, the Mole. (Vid. Aspalax.) 

TALUS (darpdyaloc), a Huckle-bone. The 
huckle-bones of sheep and goats have often been 
found in Greek and Roman tombs, both real, and 
imitated in ivory, bronze, glass, and agate. Those 
of the antelope (doptcddetoi) were sought as objects 
of elegance and curiosity. 12 They were used to play 




,s. v.)— 7. (De 
Tahonis.)— 10. 
12. (Theophr. 



with from the earliest times, principally oy women 
and children, 1 occasionally by old men. 2 A paint- 
ing by Alexander of Athens, found at Resina, repre- 
sents two women occupied with this game. One 
of them, having thrown the bones upw r ard into the 
air, has caught three of them on the back of her 
hand. 3 (See the annexed woodcut, and compare 
the account of the game in Pollux.*) 

Polygnotus executed a similar work at Delphi, 
representing the two daughters of Pandarus thus 
employed (irai^ovoac darpaydXoic 5 ). But a much 
more celebrated production was the group of two 
naked boys, executed in bronze by Polycletus, and 
called the Astragalizontes. 6 A fractured marble 
group of the same kind, preserved in the British 
Museum, exhibits one of the two boys in the act of 
biting the arm of his playfellow, so as to present a 
lively illustration of the account in Homer of the 
fatal quarrel of Patroclus. 7 To play at this game 
was sometimes called irevTa?udiCeiv, because five 
bones or other objects of a similar kind were em- 
ployed, 8 and this number is retained among our- 
selves. 

While the tali were without artificial marks, the 
game was entirely one of skill ; and in ancient no 
less than in modern times, it consisted not merely 
in catching the five bones on the back of the hand, 
as shown in the woodcut, but in a great variety of 
exercises requiring quickness, agility, and accuracy 
of sight. When the sides of the bone were marked 
with different values, the game became one of 
chance. (Vid. Alea, Tessera.) The two ends 
were left blank, because the bone could not rest 
upon either of them, on account of its curvature. 
The four remaining sides were marked with the 
numbers 1, 3, 4, 6, 1 and 6 being on two opposite 
sides, and 3 and 4 on the other two opposite sides. 
The Greek and Latin names of the numbers were 
as follows : 9 1. Movac, elc, kvov, Xlog ; 10 Ion. Oivn : 
Unio, Vulturius, canis ; 11 3. Tpidg : Ternio ; 4. Te- 
Tpdc : Quaternio ; 6. 'Efaf , ^irqc, K&oc : Senio. 

As the bone is broader in one direction than in 
the other, it was said to fall upright or prone (bpBdc 
fj rcprjvrjc, rectus aut pronus), according as it rested 
on the narrow or the broad side. 12 

Two persons played together at this game, using 
four bones, which they threw up into the air, or 
emptied out of a dicebox (vid. Fritillus), and ob- 
serving the numbers on the uppermost sides. The 
numbers on the four sides of the four bones admitted 
of thirty-five different combinations. The lowest 
throw of all was four aces ( jacit voltorios quatuor 13 ). 
But the value of a throw ( j362.oc, jaclus) was not in 
all cases the sum of the four numbers turned up. 
The highest in value was that called Venus, or jac- 
lus Venereus, 1 * in which the numbers cast up were 
all different, 15 the sum of them being only fourteen. 
It was by obtaining this throw that the king of the 
feast was appointed among the Romans 16 (vid. Sym- 
posium), and hence it was also called Basilicus. 1 
Certain other throws were called by particular 
names, taken from gods, illustrious men and women, 
and heroes. Thus the throw consisting of two aces 
and two trays, making eight, which number, like 
the j actus Venereus, could be obtained only once, 
was denominated Stesichorus. When the object 
was simply to throw the highest numbers, the game 

1. (Plut., Alcib., p. 350.)— 2. (Cic, De Senect., 16.)— 3. (Ant. 
d'Erc, i., tav. 1.)— 4. (ix., cap. 7.)— 5. (Paus., x., 30, 6 1 )-6 
(PJin., H. N., xxxiv., 8, s. 19.)— 7. (11., xxiii., 87, 88.)— 8. (Pol- 
lux, 1. c.) — 9. (Pollux, 1. c. — Eustath. in Hom.,11., xxiii., 86 
—Suet., Octav., 71.— Mart., xiii., 1, 6.)— 10. (13runck, Anal., i.. 
35, 242.)— 11. (Propert., iv., 9, 17— Ovid, Art. Amat., ii., 205.— 
Fast., ii., 473.)— 12. (Plut., Sympos. Prob., 1209, ed. Steph.— 
Cic, De Fin., iii., 16.) — 13. (Plaut., Cuic, ii., 3, 78.) — 14 
(Plaut., Asin., v., 2, 55.— Cic, Div., ii., 59.— Sueton., 1. c )— 15 
(Mart., xiv., 14.) — 16. (Hor., Carin., i., 4, 18 ; ii., 7, 25 — 17 
(Plaut., Cure, ii., 3, 80.) 

<*49 



TAMIAS. 



TaMIAS. 



was called nvl st j rGfoJUi/da. 1 Before a person threw 
the tali, he often invok ?d either a god or his mis- 
tress. 2 These bones, marked and thrown as above 
described, were also used in divination. 3 

In the Greek mythology, Cupid and Ganymede 
were supposed to play together at huckle-bones on 
Mount Olympus ; 4 and they are thus represented 
in some remaining specimens of ancient sculpture. 5 

TAMIAS (ra/iiag). This was a name given to 
any person who had the care, managing, or dispen- 
sing of money, stock, or property of any description 
confided to him, as a steward, butler, housekeeper, 
storehousekeeper, or treasurer : and the word is 
applied metaphorically in a variety of ways. But 
the rcfiiai who will fall under our notice in this 
article are certain officers intrusted with important 
duties by the Athenian government, and more es- 
pecially the treasurers of the temples and the rev- 
enue. 

In ancient times, every temple of any importance 
had property belonging to it, besides its furniture 
and ornaments, and a treasury where such property 
was kept. Lands were attached to the temple, 
from which rents accrued ; fines were made payable 
to the god ; trophies and other valuables were dedi- 
cated to him by the public ; and various sacred of- 
ferings were made by individuals. There was a 
rafiiag lepuv xP r H JL ^ ruv i w ho, together with k-raaTurat 
and lepo7rotoi, had the custody and management of 
these funds. The wealthiest of all the temples at 
Athens was that of Minerva in the Acropolis, in 
which were kept the spoils taken from the Persians 
(ret apLGTda rrjg ToXewg), besides magnificent statues, 
paintings, and other works of art. 6 To the goddess 
large fines were specially appropriated by the law, 
or given by decree of the courts or the assembly ; 
and, besides this, she received a tenth of all the fines 
that went to the state, a tenth of all confiscations 
and prizes taken in war. Her treasurers were call- 
ed Tauiai, rfjg -&eov, or t£>v rrjg deov, or rafiicu ieptiv 
XPV/J-utov rrjg -&eov, and sometimes simply rafiiai. 1 
They appear to have existed from an early period. 
Herodotus 8 relates that the racial rov lepov, with a 
few other men, awaited the attack of Xerxes upon 
the Acropolis, and perished in its defence. They 
were ten in number, chosen annually by lot from 
the class of Pentacosiomedimni, and afterward, 
when the distinction of classes had ceased to exist, 
from among the wealthiest of Athenian^ citizens. 9 
The treasurers of the other gods were chosen in 
like manner ; but they, about the 90th Olympiad, 
were all united into one board, while those of Pallas 
remained distinct. 10 Their treasury, however, was 
transferred to the same place as that of Minerva, 
viz., to the Opisthodomus of the Parthenon, where 
were kept not only all the treasures belonging to the 
temples, but also the state treasure (ooia xpvt iaT ^ 
as contradistinguished from lepd), under the care 
of the treasurers of Pallas. 11 All the funds of the 
state were considered as being in a manner conse- 
crated to Pallas ; while, on the other hand, the peo- 
ple reserved to themselves the right of making use 
of the sacred moneys, as well as the other property 
of the temples, if the safety of the state should re- 
quire it. 12 Payments made to the temples were 
received by the treasurers in the presence of some 
members of the senate, just as public moneys were 
by the apodectae ; and then the treasurers became 
responsible for their safe custody. As to fines, see 




Epibole, Practores, and on the whole of this sub 
ject, Bockh, Staatsh. der Athen, i., 172-'. ?6. 

The treasurer of the revenue, Ta.jj.iag or eirifieXi}- 
ttjq rrjg koivtjq Tvpoaodov, was a more important per- 
sonage than those last mentioned. He was not a 
mere keeper of moneys like them, nor a mere re- 
ceiver like the apodectas, but a general paymaster, 
who received through the apodectae all money 
which was to be disbursed for the purposes of the 
administration (except the property-taxes, which 
were paid into the war-office, and the tribute from 
the allies, which was at first paid to the helleno- 
tamiae, and afterward to other persons hereafter 
mentioned), and then distributed it in such manner 
as he was required to do by the law ; the surplus 
(if any) he paid into the war-office or the theoric 
fund. As this person knew all the channels in 
which the public money had to flow, and exercised 
a general superintendence over the expenditure, he 
was competent to give advice to the people upon 
financial measures, with a view to improve the rev- 
enue, introduce economy, and prevent abuses ; he 
is sometimes called Ta\dag rr/g dtoLKr/aeag, or 6 kizl 
rfjg dioLnrjoeug, and may be regarded as a sort of 
minister of finance. To him Aristophanes refers in 
Equit., 947. He was elected by ^iporovm, and held 
his office for four years, but was capable of being 
re-elected. A law, however, was passed during 
the administration of Lycurgus, prohibiting re-elec- 
tion ; so that Lycurgus, who is reported to have 
continued in office for twelve years, must have held 
it for the last eight years under fictitious names. 
The power of this officer was by no means free 
from control, inasmuch as any individual was at 
liberty to propose financial measures, or institute 
criminal proceedings for malversation or waste of 
the public funds ; and there was an avriypatpsvc rfjg 
dioucr/ceug appointed to check the accounts of his 
superior. Anciently there were persons called 
-Kopiarai, who appear to have assisted the ra/j.iai in 
some part of their duties. 1 (Vid. Poristai.) 

The money disbursed by the treasurer of the rev- 
enue was sometimes paid directly to the various 
persons in the employ of the government, some- 
times through subordinate pay offices. Many public 
functionaries had their own paymasters, who were 
dependant on the ragtag rfjg npooodov, receiving 
their funds from him, and then distributing them in 
their respective departments. Such were the rpiTj- 
ponotoi, TEixonoioi, odoiroLoi, Taypowoioi, eTre/zeA^rai 
vetopiuv, who received through their own rafiiai 
such sums as they required from time to time for 
the prosecution of their works. The payment of 
the judicial fees was made by the colacretae (no)2,a- 
Kperai), which, and the providing for the meals in 
the Prytaneum, were the only duties that remained 
to them after the establishment of the apodectae by 
Clisthenes. 2 The rafiiai, of the sacred vessels, rqg 
Uapdlov and rr\g ZaXaptviag, acted not only as 
treasurers, but as trierarchs ; the expenses (amount- 
ing for the two ships together to about sixteen tal- 
ents) being provided by the state. They were 
elected by x^porovia. 3 Other trierarchs had their 
own private ra^iai for the keeping of accounts and 
better despatch of business.* 

The duties of the kllr)voTa[iiai are spoken of ia 
a separate article. ( Vid. Hellenotami^e.) 

The war fund at Athens (independently of the 
tribute) was provided from two sources ; first, the 
property-tax (vid. Eisphora), and, secondly, the sur- 
plus of the yearly revenue, which remained after 
defraying the expenses of the civil administration, 
to. Tceptovra xPW aTa T ^f dioLnrjaEug. Of the ten 

1. (Bockh, id., 177.)— 2. (Aristoph., Vosp., 695, 724.) — 3 
(Dem., c. Mid., 570.— Pollux, Onom., viii., 116.)— 4. (iiockh.irt, 
183-186, 196.— Schomaim, Ant. Jur. Fubl. Gr., 250. 312.) 



TAPES. 



TAXI ARC III. 



n t mrtiyol who were annually elected to preside 
over the war department, one was called oTpaTjjyoc 
b km rrjg dioiKTJaeuc, to whom the management of 
the war fund was intrusted. He had under him a 
treasurer called Tauiaq tljv arparLortKuv, who gave 
out the pay of the troops, and defrayed all other 
expenses incident to the service. Demosthenes, 
perhaps on account of some abuses which had 
sprung up, recommended that the general should 
have nothing to do with the military fund, but that 
this should be placed under the care cf special 
officers, Ta/iitaL nai drjfwaioi, who should be account- 
able for its proper application : tov fxev tC$v xPVpu- 
ruv "kbyov Trapa rovruv Xa{x.6dveiv, tov 6e rdv ipyov 
napa tov OTpaTrjyov. 1 The passage just cited con- 
firms the opinion of those who think that in De- 
mosthenes 2 the words 6 km rfjg dioucTJaeuc refer to 
a oTpaTTjyog so designated, and not to the Tajxiag ttjc 
■rrpoaddov. 3 

So much of the surplus revenue as was not re- 
quired for the purposes of war, was to be paid by 
the treasurer of the revenue into the theoric fund, 
of which, after the archonship of Euclides, special 
managers were created. (Vid. Theoric a.) 

Lastly, we have to notice the treasurers of the 
demi, diifiuv Ta/Ltiai, and those of the tribes, tyvl&v 
Tapiai, who had the care of the funds belonging to 
their respective communities, and performed duties 
analogous to those of the state treasurers. The 
demi, as well as the tribes, had their common lands, 
which were usually let to farm. The rents of these 
formed the principal part of their revenue. <bvlap- 
Xol, dfifiapxoL, and other local functionaries, were 
appointed for various purposes ; but with respect 
to their internal economy we have but scanty in- 
formation.* 

*TANUS (javor), a sort of bastard Emerald, con- 
sisting of crystal tinged by an admixture of metal- 
lic particles, In the old editions of Theophrastus 
(De Lapid., c. 45), we have a small lacuna after t&v 
6£ at the beginning of the chapter, and at the end 
of this the form dvuv, the end of the word that is 
wanting. This lacuna Turnebus fills up by append- 
ing a capital T to av&v, and thus forming Taviov, 
whence we get our term ravoc. Others, however, 
read BanTpiavibv, filling up the lacuna with Ba.xTpi, 
and this latter is the more received reading. 5 

*TAOS (rave), the Peacock, or Pavo cristatus, 
L. (Fid. Pavo.) 

TAPES or TAPE'TE 6 (ramie, rdmc, or ddmc, 
dim. dcnridiov), a piece of tapestry, a carpet. 

The use of tapestry was in very ancient times char- 
acteristic of Oriental rather than of European hab- 
its. 7 We find that the Asiatics, including the Egyp- 
tians, and also the Carthaginians, who were of Asi- 
atic origin, excelled in the manufacture of carpets, 
displayed them on festivals and other public oc- 
casions, and gave them as presents to their friends. 8 
They were nevertheless used by the Greeks as 
early as the age of Homer, 9 and by some of the 
later Roman emperors they were given as presents 
to the combatants at the Circensian games. 10 The 
places most renowned for the manufacture were 
Babylon 11 (vid. Babylonicum), Tyre and Sidon, 12 
Sardes, 13 Miletus, 14 Alexandrea, 15 Carthage, 16 and 
Corinth. 17 In reference to the texture, these articles 

1. (De Cherson., 101.)— 2. (De Coron., 238, 265.) — 3. (Schu- 
mann, Ant. Jur. Publ. Gr., 252, n. 7 — Bockh, id., 193. — Meier, 
Att. Proc., 105.)— 4. (Schomann,De Comit., 371-378.— Id., Ant. 
Jur. Publ. Gr., 203, 204.) — 5. (Theophr., De Lapid., c. 45.— 
Adams, Append., s. v.) — 6. (Non. Marcell., p. 229, ed. Merceri.) 
—7. (Athen., ii., p. 48, d.) — 8. (Xen., Anab., vii., 3, $ 18, 27.) — 
9. (II., xvi., 224 ; xxiv., 230, 645.— Od., iv., 268 ; vii.. 337.)— 10. 
• Sidon. Apoll., Carm., xxiii., 427.) — 11. (Arrian, Exped. Alex., 
vi., p. 436, ed. Blanc— Sidon. Apoll., Epist., ix., 13.)- 12. (Heli- 
od., v , p. 252, ed. Commelin.)— 13. (Athen., ii., p. 48, b. ; vi., p. 
255, e. ; xii., p. 51,4, c— Non. Marcell., p. 542.)— 14. (Anstoph., 
Han., 542.1—15. (Piaut., Pseud., i., 2, 14.) — 16. (Athen., i., p. 
2P o.)— 17. (Athen., i., p. 27, d.) 



wfcxe distinguished into those which were light anu 
thin, with but little nap, chiefly made at Sardes. and 
called ipihoTumdeg, 1 and those in which the nap 
{[xaXKog) was more abundant, and which were soft 
and woolly (ovloi,* [lalanov Ipioio 3 ). The thickei 
and more expensive kinds (fiaMuTol) resembled 
our baize or drugget, or even our soft and warm 
blankets, and were of two sorts, viz., those which 
had the nap on one side only (hep6fj.a?2ot), and 
those which had it on both sides, called dfMpLTanoi,* 
amphitapa, 6 or dfi^LTdrniree, 6 and also dfi<pifiaAXoi, or 
amphimalla. 7 Instead of being always used, like 
blankets, in single pieces as they came from the 
loom (vid. Pallium), carpets were often sewed to- 
gether. 8 They were frequently of splendid colours, 
being dyed either with the kermes 9 or with the 
murex (dXovpyelc, dltiroptpvpoi), and having figures, 
especially hunting-pieces, woven into them. 10 These 
fine specimens of tapestry were spread upon thrones 
or chairs, and upon benches, couches, or sofas at 
entertainments, 11 more especially at the nuptials of 
persons of distinction. Catullus 12 represents one 
to have been so employed, which exhibited the 
whole story of Theseus and Ariadne. They were 
even used to sleep upon, 13 and for the clothing of 
horses. 14 The tapestry used to decorate the bier 
and catafalque at the Apotheosis of a Roman em- 
peror was interwoven with gold. 15 The Orientals, 
upon occasions of state and ceremony, spread car- 
pets both over their floors and upon the ground. 16 

Besides the terms which have now been explain- 
ed, the same articles of domestic furniture had de- 
nominations arising from the mode of using them 
either in the Triclinium (tricliniaria Bahylonica 11 ), 
or in the Cubiculum (cubicularia polymita 1 *), and es- 
pecially from the constant practice of spreading 
them out (textile stragulum ; 19 stratum ; 20 vestis strag- 
ula; 21 cTpufMvai ; 22 orpufiara 23 ). The Greek term pe- 
ristoma, which was transferred into the Latin," 
had a special signification, meaning probably a cov- 
erlet made so large as to hang round the sides of 
the bed or couch. 

TA'PHOI (Td<poi). (Vid. Funus, p. 457.) 
*TARANDUS (rdpavdoc), the Reindeer, or Cer- 
vus Tarandus, L. Such, at least, is the general 
opinion of naturalists. Schneider, however, refers 
it to the Elk, or Cervus alces, L. 25 

TARENTI/NI LUDI. (Vid. Lum S^culares.) 
TARRHOS (Tappog). (Vid. Ships, p. 893.) 
TAURII LUDI. (Vid. Ludi S^eculares.) 
*TAURUS (ravpoc). (Vid. Bison.) 
TAXIARCHI (Tat-iapxot) were military officers 
at Athens, who were next in rank to the strategi. 
(Vid. Strategos.) They were ten in number like 
the strategi, one for each tribe, and were elected in 
the same way, namely, by x^porovta. 26 In war each 
commanded the infantry of his own tribe, 37 and they 
were frequently called to assist the strategi with 
their advice at the war-council." In peace they as- 

1. (Athen., vi., p. 255, e. ; xii., p. 514, c. — Diog. Laert., v., 72.) 
—2. (Horn., 11., xvi., 224.)— 3. (Horn., Od., iv., 124.)— 4. (Athen., 
v., p. 197, b.: vi.,p. 255, e— Diog. Laert., v., 72, 73.) — 5. (Non. 
Marcell., p. 540.— Lucil., Sat., i., p. 188, ed. Bip.)— 6. (Eustath. 
in Horn., II., ix., 200.) — 7. (Plin., H. N., viii., 48, s. 73.) — 8. 
(Plaut., Stich., ii., 2, 54.)— 9. (Hor., Sat., ii., 6, 102-106.)— 10. 
(Sidon. Apoll., 1. c — Plaut., Pseud., i., 2, 14.)— 11. (Horn., II., 
ix., 200.— Od., xx.. 150. — Virg., JEn., i., 639, 697-700. — Ovid, 
Met., xiii., 638. — Cic, Tusc, v., 21.)— 12. (Argon., 47-220.)— 
13. (Horn., II., x., 156.— Anac, viii., 1, 2.— Theocr., xv., 125.— 
Aristoph., Plut., 540.— Virg., JEn., ix., 325, 358.)— 14. (..En., vii., 
277.)— 15. (Herodian, iv., 2, p. 82, ed. Bekker.) — 16. (.Eschyl., 
Agam., 879-936.— Athen., iv., 131, b. ; xii., 514. c.)— 17. (Plin., 
H. N., viii., 48, s. 74.)— 18. (Mart., xiv., 150.)— 19. (Cic, Tusc, 
v., 21.)— 20. (C. Nepos, Ages., viii., 2.)— 21. (Liv., xxxiv., 7.— 
Hor., Sat., ii., 3, 118.)— 22. (Plut., Lvcurg., p. 86, td. Steph.— 
Athen., iv., p. 142, a.)— 23. (Id., ii., p. 48, d )— 24. (Diog La- 
ert , 1. c— Plaut., Stich., ii., 2, 54.— Cic, Phil., ii., 27.)— 25 
(Julian, N. A., ii., 16.— Phil., Carm., 55.— Plin., II. N., viii., 34. 
— Adams, Append., s. v.)— 26. (Demosth., Philip., i., p. 47. — Poi 
lux, Onom., vm., 87.) —27. (Dem. in Boeot., p. 999.— ^Eich., Do 
Fals. Leg., p. 333.)-28 (Tuucyd., • ii., 60.) 

951 



TEGULA. 



TEGULA. 



sisted the strategi in levying and enlisting soldiers, 
as stated under Strategos, and seem to have also 
assisted the latter in the discharge of many of their 
other duties. 

The taxiarchs were so called from their com- 
manding Tufric, which were the principal divisions 
of the hoplites in the Athenian army. Each tribe 
(qvItj) formed a rd^ic, whence we find <j>v/\,?j used as 
synonymous with rd^tc. 1 As there were ten tribes, 
there were, consequently, in a complete Athenian 
army, ten rat-eic, but the number of men would, of 
course, vary according to the importance of the 
war. Among the other Greeks the rdt-ic was the 
name of a much smaller division of troops. The 
loxog among the Athenians was a subdivision of 
the rdijie, and the loxayoi were probably appointed 
by the taxiarchs.* 

TAXIS (rdfa). (Vid. Taxiabchi.) 

* TAXUS (/iiXoc), the Yew-tree, or Taxus baccata, 
L. The Taxus receives from Virgil the epithet of 
nocens, or " hurtful," because the berries of this 
tree pass for poisonous. The same opinion appears 
to have been prevalent during the Middle Ages, and 
still forms an article of popular belief. It has even 
been regarded as dangerous to sleep for some hours 
under the shade of this tree. A modern writer, how- 
ever (M. Percy), has set himself in opposition to 
this very prevalent opinion, and maintains that the 
berries of the yew are innocuous, and merely pos- 
sess a slight purgative property, which might be 
usefully employed in medicine. The yew is indi- 
genous to the North. In southern countries, there- 
fore, it seeks a mountainous and cold region. Hence 
it flourishes in Corsica. The wood might be turned 
to a variety of useful purposes : the Iturseans of an- 
tiquity, dwelling in Coele-Syria, made bows of it. 
Its sombre foliage and general appearance have 
caused it to be selected by the moderns as a fune- 
real tree. 3 

TE'GULA (nepajxoc, dim. Kepafiic*), a roofing-tile. 
Roofing-tiles were originally made, like bricks, of 
baked clay (yr/c birrrjc). Byzes of Naxos first in- 
troduced tiles of marble about the year 620 B.C.* 
Besides the superior beauty and durability of the 
material, these tiles could be made of a much lar- 
ger size than those of clay. Consequently, when 
they were employed in the construction of the great- 
est temples, such as that of Jupiter at Olympia, 6 
the Parthenon at Athens, and the Serapeium at Pu- 
teoli, their dimensions were in exact proportion to 
the other parts of the building ; and the effect of 
the parallel rows of joint-tiles descending from the 
ridge to the eaves, and terminated by ornamental 
frontons, with which the lions'-heads (capita leoni- 
na; 1 ^oAepdi 9 ) over the cornice alternated, was ex- 
ceedingly grand and beautiful. How highly this in- 
vention was prized by the ancients is proved by the 
attempt of the Roman censor Q. Fulvius Flaccus to 
despoil the temple of the Lacinian Juno of some of 
its marble tiles (tegulce. marmorea), in order to adorn 
another temple which he had vowed to erect in 
Rome. 9 A still more expensive and magnificent 
method of roofing consisted in the use of tiles made 
of bronze and gilt. 10 

Tiles were originally made perfectly flat, or with 
nothing more than the hook or nozzle underneath 
the upper border, which fulfilled the purpose of fix- 
ing them upon the rafters. They were afterward 
formed with a raised border on each side, as is 
shown in the annexed woodcut, representing the 
section of four of the tiles remaining at Pompeii. 

1. (Lys. in Agorat., p. 498, 501.) — 2. (SchSmann, Ant. Jur. 
Publ. Gr., p. 253, &c.)— 3. (Theophr., H. P., iii., 4.— Fee, Flore 
deVirgile, p. clix.) — 4. (Xen., Hell., vi., 5, $ 9.)— 5. (Paus., 
v., 10, $2.) — 6. (Paus., 1. c.)— 7 (Vitruv., iii., 5, $15.) — 8. 
(Horapoll., Hier., i., 21.)— 9. (Liv., xlii., 4.— Val. Max , i., 1, $ 
20 > — 10. (Plin., H. N., >xxiii., 3, s. 18.) 
Q52 



=dfc= 









CT\x\/-v/o) 




In order that the lower edge of any tile might 
overlap the upper edge of that which came next 
below it, its two sides were made to converge 
downward. See the next woodcut, representing a 
tiled roof, from a part of which the joint-tiles are 
removed, in order to show the overlapping and the 
convergence of the sides. It was evidently neces- 
sary to cover the lines of junction between the 
rows of flat tiles, and this was done by the use of 
semicylindrical tiles called imbrices. The above 
woodcut shows the section of three imbrices found 
at Pompeii, and indicates their position relatively 
to the flat tiles. This is also shown in the nexv 
woodcut. The roof also, by the exact adaptatior. 




of the broad tegul<s and the narrow imbrices through- 
out its whole extent, became like one solid and 
compact framework. 1 The rows of joint-tiles divi- 
ded the roof into an equal number of channels, down 
which the water descended into the gutter (canulis). 
to be discharged through openings made in the lionfi'- 
heads, the position and appearance of which are 
shown in the woodcuts. The rows of flat tiles 
terminated in a variously ornamented front, which 
rose immediately above the cornice, and of which 
specimens are shown in the first woodcut. The 
first and fourth patterns are drawn from tiles found 
at Pompeii, and the two internal from tiles pre- 
served in the British Museum, and brought thither 
from Athens. The lions'-heads upon the third and 
fourth are perforated. ( Vid. Antefixa, Columna, p. 
289.) The frontons, which were ranged along the 
cornice at the termination of the rows of joint- 
tiles, were either painted or sculptured so as to rep- 
resent leaves, aplustria (vid. Aplustre), or masks. 
The first woodcut shows three examples of such 
frontons, which belong to the Elgin collection in the 
British Museum. They are drawn on a much lar- 
ger scale than the other objects in the same wood- 
cut. The invention of these graceful ornaments is 
ascribed to Dibutades of Corinth. 8 

Other highly curious details upon the tiled roofs 
of Greek temples may be seen in the Unedited An- 
tiquities of Attica, Lond., 1817. 

The same arrangement of tiles which was placed 
round a temple was also to be found within a house 
which was formed with an opening in the centre. 
Hence any person who descended from the roof 

1. (Xen., Mem., iii., 1, $ 7.)- 2. (Plia., H. N., xxxv., 12, «. 43 



TELA. 



TELA 



toto the open court or impluvium of a house (vid. 
House, p. 516, 519) was sai<? to pass "through the 
tiles" (per Ugulas ; l 6ta tuv Kepdjiuv^). 

Pliny mentions a kind of tiling under the name 
oavonaceum, 3 so called probably because the tiles 
were semicircular at their lower edge, and over- 
lapped one another like the feathers in the train of 
a peacock. 

TEICHOPOIOS (TetxoTToioc). Among the va- 
rious persons to whom was intrusted the manage- 
ment of public works at Athens (kmardrai dy/nooiuv 
fyywv) were those whose business it was to build 
and keep in repair the public walls. It is needless 
to observe how important to the city of Athens 
were her walls and fortifications, more especially 
the long walls, which connected the upper city with 
the Piraeus, which gave it the advantages of an isl- 
and. These were maintained at considerable ex- 
pense. The TEixoTToiot appear to have been elected 
by xeipoTovia, one from each tribe, and probably for 
a year. They were considered to hold a magiste- 
rial office (apxv), and in that capacity had an ijyeiio- 
via dtKaarnpiov. ^Eschines calls them IrricruraL 
rod fieylcTTov ruv epyuv. Funds were put at their 
disposal, for which they had their treasurer (ra/^'ac), 
dependant on the treasurer of the revenue. They 
were liable to render an account (evdvvn) of their 
management of these funds, and also of their gen- 
eral conduct, like other magistrates. The office of 
Tetxo7roi6g has been invested with peculiar interest 
in modern times on account of its having been held 
by Demosthenes, and its having given occasion to 
the famous prosecution of Ctesiphon, who proposed 
that Demosthenes should receive the honour of a 
crown before he had rendered his account accord- 
ing to law. As to the nature of the office, and the 
laws thereto relating, we may probably rely upon 
the account given by ^Eschines.* 

TELA {lards), a Loom. Although weaving was 
among the Greeks and Romans a distinct trade, car- 
ried on by a separate class of persons (ixpavrat, tex- 
torcs and textrices, linteones), who more particularly 
supplied the inhabitants of the towns with the pro- 
ductions of their skill 5 (vid. Pallium, p. 718), yet 
every considerable domestic establishment, espe- 
cially in the country, contained a loom, 6 together 
with the whole apparatus necessary for the working 
of wool (lanificium, ra\aaia, raXaoiovpyia?). ( Vid. 
Calathus.) These occupations were all supposed 
to be carried on under the protection of Minerva, 
specially denominated 'Eoyavn, who was always re- 
garded in this character as the friend and patroness 
of industry, sobriety, and female decorum. 8 

When the farm or the palace was sufficiently 
large to admit of it, a portion of it, called the IotC>v 
(histories 9 ) or textrinum, was devoted to this purpose. 10 
The work was there principally carried on by fe- 
male slaves (quasillaria, at ZpitioL 11 ), under the su- 
perintendence of the mistress of the house, who 
herself also, together with her daughters, took part 
in the labour, both by instructing beginners, and by 
finishing the more tasteful and ornamental parts. 13 
But, although weaving was employed in providing 
the ordinary articles of clothing among the Greeks 
and Romans from the earliest times, yet, as an in- 
ventive and decorative art, subservient to luxury 
and refinement, it was almost entirely Oriental. 
Persia, Babylonia, Egypt, Phoenicia, Phrygia, and 
Lydia, are all celebrated for the wonderful skill and 

1. (Ttr., Eun., iii., 5, 40.— Compare Gellius, x., 15.)— 2. (St. 
Luke, v., 19.)— 3. (H. N.,xxxvi.,22, s. 44.)— 4. (^sch.,c. Ctes., 
55-57, ed. Steph.— Biickh, Staatsh. der Athen., i., 183, 218.)— 5. 
(Cato, De Re Rust., 135.)— 6. (Id. ib., 10, 14.)— 7. (Hesiod, Op. 
et Diea, 779.— Virg., Georg., i., 2S5, 294.— Ovid, Fast., c. 701.) — 
8. (Serv. in Virg., Eel., vi., 3.)— 9. (Varro, De Re Rust., i., 2.)— 
10. (Cic, Verr., II., iv., 26.)— 11. (Theocr., xv., 80.— Horn., Od., 
i , 356-360 ; vii., 235 , xxi., 350 )— 12. (Vitruv., vi., 7, p. 164. ed. 
Schneider.— Svram., Epist., vi., 40.) 
6 E 



magnificence displaced in the manufacture of scarfs, 
shawls, carpets, and tapestry. ( Vid. Babylonicum, 
Chlamys, Pallium, Peplum, Tapes.) 

Among the peculiarities of Egyptian manners, 
Herodotus 1 mentions that weaving was in that 
country the employment of the male sex. This 
custom still continues among some Arab and negro 
tribes. 2 Throughout Europe, on the other hand, 
weaving was in the earliest ages the task of worn 
en only. The matron, assisted by her daughters, 
wove clothing for the husband and the sons. 3 This 
domestic custom gives occasion, in the works of the 
epic and tragic poets, to some very interesting de- 
noumens and expressions of affection between near 
relatives. Indeed, the recognition, or avayvupiciq, 
as Aristotle calls it,* often depends on this circum 
stance. Thus Creusa proves herself to be the 
mother of Ion 5 by describing the pattern of a shawl 
which she had made in her youth, and in which 
she had wrapped her infant son. Iphigenia recog- 
nises her brother Orestes on one occasion, 6 and 
Electra recognises him on another, 7 by the figured 
clothing which he wore, and which they had long 
before woven for him. 

Besides the shawls which were frequently given 
to the temples by private persons, or obtained by 
commerce with foreign nations, companies or col- 
leges of females were attached to the more opulent 
temples for the purpose of furnishing a regular sup- 
ply. Thus the sixteen women, who lived together 
in a building destined to their use at Olympia, wove 
a new shawl every five years to be displayed at the 
games which were then celebrated in honour of 
Hera, and to be preserved in her temple. 9 (Vid. 
Her^ea.) A similar college at Sparta was devoted 
to the purpose of weaving a tunic every year for 
the sitting statue of the Amyclean Apollo, which 
was thirty cubits high. 9 At Athens the company 
of virgins called kpyaarlvat or epydvat, and dp'pnfyo- 
pot, who were partly of Asiatic extraction, wove 
the shawl which was carried in the Panathenaic 
procession, and which represented the battle be- 
tween the gods and the giants. 10 ( Vid. Arrhepho- 
ria, Panathen^a, p. 723.) A similar occupation 
was assigned to young females of the highest rank 
at Argos. 11 In the fourth century, the task of weav- 
ing began to be transferred in Europe from women 
to the other sex, a change which St. Chrysostom 
deplores as a sign of prevailing sloth and effemina- 
cy. 12 Vegetius, 13 who wrote about the same time, 
mentions linteones, or the manufacturers of linen 
cloth, in the number of those who were ineligible 
as soldiers. 

Everything woven consists of two essential parts, 
the warp and the woof, called in Latin stamen and 
subtegmen, subtemen, or trama, 1 * in Greek cr^fxuv and 
KpoKr}. li Instead of Kponrj Plato 16 sometimes uses 
k<pv<pfj, and in the passages referred to he mentions 
one of the most important differences between 
the warp and the woof: viz., that the threads of 
the former are strong and firm, in consequence of 
being more twisted in spinning, while those of the 
latter are comparatively soft and yielding. This 
is, in fact, the difference which in the modern silk 
manufacture distinguishes organzine from tram, and 



1. (ii., 35.— Compare Athen., ii , p. 48, b.)— 2. ( Welsted, Trav- 
els, i., p. 123. — Prichard, Researches, ii., p. 60, 3d edition.)— 3. 
(Colum., De Re Rust., xii., Praf.— Plin., H. N., viii., 48, s. 74.- 
Herod., ix., 109.)— 4. (De Art., Poet., 6,H8 ; 14, 6 21.)— 5. (Eurip 
Ion, 1416, 1417.) — 6. (Id. Iph., in Taur., 814-817.)— 7. (^Eseh , 
Choeph.,225.)— 8. (Paus.,v., 16, t) 2-4; vi., 24, t> 8.)— 9. (Paus , 
iii., 16, ^ 2; 19, t) 2.)— 10. (Eurip., Hec, 461-469.— Virg., Cir «. 
21-35.) — 11. (Eurip., Iph. in Taur., 213-215.) — 12. (Orat., 'M, 
vol. iii., p. 470, ed. Saville.) — 13. (De Re Mil., i., 7.) — 14. (Vi- 
truv., x., 1.— Ovid, Met., iv., 397.— Phn., H. N., xi., 24, s. ?8.- 
Pers., Sat., vi., 73.)— 15. (Plato, Polit., p. 297, 301, 302, ed. Bek 
ker.— JElian, H. A., ix., 17.— Plut. De Is. et Osir , p. 672.)— 16 
(Leg., v., p. 360, ed. Be.kker.) 

953 



TELA. 



TELA. 



in the col ton manufacture tioist from weft. Anoth- 
er name for the woof or tram was frodavn. 1 

The warp was called stamen in Latin (from stare), 
on account of its erect posture in the loom. 3 The 
corresponding Greek term crr/fiuy, and likewise 
iarbq, have evidently the same derivation. For the 
same reason, the very first operation in weaving 
was to set up the loom, larbv cr^aaadat : 3 and the 
web or cloth, before it was cut down, or " descend- 
ed" from the loom (Karida up lorcj*), was called 
A ves lis pendens," or "pendula tela," 5 because it hung 
from the transverse beam or Jugum. These par- 
ticulars are all clearly exhibited in the picture of 
Circe's loom, which is contained in the very an- 
cient illuminated MS. of Virgil's ^Eneid preserved 
at Rome in the Vatican Library. (See the annex- 
ed woodcut, and compare Virgil, 6 apud majores 
stantes tcxebant.) Although the upright loom here 




exhibited was in common use, and employed for 
all ordinary purposes, the practice, now generally 
adopted, of placing the warp in a horizontal posi- 
tion was occasionally resorted to in ancient times ; 
for the upright loom (stans tela, lorog bpdioc), the 
management of which required the female to stand' 
and move about, is opposed to another kind at 
which she sat. 7 

We observe in the preceding woodcut, about 
the middle of the apparatus, a transverse rod pass- 
es through the warp. A straight cane was well 
adapted to be so used, and its application is clearly 
expressed by Ovid in the words " stamen secernit 
arundo." 9 In plain weaving it was inserted be- 
tween the threads of the warp so as to divide them 
into two portions, the threads on one side of the 
rod alternating with those on the other side through- 
out the whole breadth of the warp. The two up- 
right beams supporting the jugum, or transverse 
beam from which the warp depends, were called 
Keleovreg 9 and laronodec, literally, " the legs of the 
loom." 10 

While the improvements in machinery have to a 
great extent superseded the use of the upright 
loom in all other parts of Europe, it remains almost 
in its primitive state in Iceland. The following 
woodcut is reduced from an engraving of the Ice- 
landic loom in Olaf Olafsen's Economic Tour in that 
island, published in Danish at Copenhagen, A.D. 
1780. We observe underneath the jugum a roller 
(avrcov 11 ), which is turned by a handle, and on which 
the web is wound as the work advances. The 
threads of the warp, besides being separated by a 
transverse rod or plank, are divided into thirty or 
forty parcels, to each of which a stone is suspend- 
ed, for the purpose of keeping the warp in a perpen- 
dicular position, and allowing the necessary play 
to the strokes of the spatha, which is drawn at 
the side of the loom. The mystical ode written 
about the eleventh century of our era, with which 
Gray has made us familiar in his translation, and 



1. (Horn., Batr., 181.— Eustath. in Horn., II., xxiii., 762.— Od., 
r. , 121.)— 2. (Varro, L. L., v., 113, ed. Muller.)— 3. (Horn., Od., 
i., 94.— Hesiod, Op. et Dies, 779.) —4. (Theocr., xv., 35.) — 5. 
(Ovid, Met., iv., 395.— Epist., i., 10.)— 6. (Mn., vii., 14— Servi- 
as, in loc. — Horn., Od., x., 222.) — 7. (Artemid., iii., 36. — Servius, 
>. c.)— 8. (Met., vi., 55.)— 9. (Theocr., xviii., 34.)— 10. (Eustath. 
m Horn., Od., xiii., 107.) — 11. (Pollux, Onom., vii., x., $ 36. — 
Eustath. in Horn., Od., xiii., 107.) 
954 



which describes the loom of " the Fatal Sisters," 
represents warriors' sculls as supplying the place 
of these round stones {ponder a 1 ). The knotted bun- 
dles of threads to which the stones were attached 
often remained after the web was finished in the 
form of a fringe. ( Vid. Fimbriae.) 




n 



l /I I 



_ L r '.' ' .■; Oj .'.'.<( k il 




ssi 




fWu^iwilmTlli 




While the comparatively coarse, strong, and 
much-twisted thread, designed for the warp, was 
thus arranged in parallel lines, the woof remained 
upon the spindle (vid. Fusus), forming a spool, bob- 
bin, or pen (irf/vn, dim. tttjviov*). This was either 
conveyed through the warp without any additional 
contrivance, as is still the case in Iceland, or it 
was made to revolve in a shuttle (Tcavov?utoc, 3 ra- 
dius 1 -). This was made of box brought from the 
shores of the Euxine, and was pointed at its ex- 
tremities, that it might easily force its way through 
the warp. 5 . The annexed woodcut shows the form 
in which it is still used in some retired parts of our 
island for common domestic purposes, and which 
may be regarded as a form of great antiquity. An 
oblong cavity is seen in its upper surface, which 
holds the bobbin. A small stick, like a wire, ex- 

Iv^lIlllEl ~^I 



■ t^-~> v^ 

tends through the length of this cavity, and enu rs 
its two extremities so as to turn freely. The small 
stick passes through a hollow cane, which our man- 
ufacturers call a quill, and which is surrounded by 
the woof. This is drawn through a round hole in 
the front of the shuttle, and, whenever the shuttle 
is thrown, the bobbin revolves, and delivers the 
woof through this hole. The process of winding 
the yarn so as to make it into a bobbin or pen was 
called TcnvifrcdaL 6 or avaiz'nvi&odai.'' The reverse 
process, by which it was delivered through the 
hole in front of the shuttle (see the last woodcut), 
was called EKTrnvi^eadat. Hence the phrase eKirn 
vizlrai ravra means " he shall disgorge these 
things." 8 

All that is effected by the shuttle is ti-e convey- 
ance of the woof across the warp. To keep ev- 
ery thread of the woof in its proper places it is ne 
cessary that the threads of the warp should be de- 
cussated. This was done by the leashes, called in 

1. (Sen., Epist., 91.— Plin., H. N., 1. c.)— 2. (Horn., II., xxiii , 
762.— Eurip., Hec, 466.)— 3. (Hesych., s. v. \\f,viov.)— 4. (Lu 
cret., v., 1352.)— 5. (Virg., JEn., ix., 476.— Ovid, Met., iv., 275 ; 
vi., 56, 132.— Fast., iii., 879.)— 6. (Theocr. xviii., 32.)— 7. (Arir 
tot., II. A., v., 19.)— 8. (Aristoph., Ran., 586.— Schol. i;- loc.'* 









TELA 



TELA. 



Latin Hcia, in Greek /jlitol (fiiToe 1 ). By a leash we 
are to understand a thread, having at one end a 
loop, through which a thread of the warp was pass- 
ed, the other end being fastened to a straight rod 
called liciatorium, and in Greek kclvuv* The warp, 
having been divided by the arundo, as already men- 
tioned, into two sets of threads, all those of the 
same set were passed through the loops of the cor- 
responding set of leashes, and all these leashes 
were fastened at their other end to the same wood- 
en rod. At least one set of leashes was necessary 
to decussate the warp even in the plainest and sim- 
plest weaving. The number of sets was increased 
according to the complexity of the pattern, which 
was called bilix or trilix, 3 61/j.i.toc, Tpi/iiToc,* or 7ro- 
Zvfiiros, 5 according as the number was two, three, 
or more. 

The process of annexing the leashes to the warp 
was called ordiri telam, 6 also licia tela addcre, or ad- 
nectcre. 7 It occupied two women at the same time, 
one of whom took in regular succession each sep- 
arate thread of the warp, and handed it over to the 
other ; this part of the process was called Tzapacpe- 
peiv, rrapadidovai, or TipofyopeloBai* The other wom- 
an, as she received each thread, passed it through 
the loop in proper order, and this act, which we 
call " entering," was called in Greek diafradai.. 9 

Supposing the warp to have been thus adjusted, 
and the pen or the shuttle to have been carried 
through it, it was then decussated, by drawing for- 
ward the proper rod so as to carry one set of the 
threads of the warp across the rest, after which 
the woof was shot back again, and by the continu- 
al repetition of this process the warp and woof 
were interlaced. 10 In the preceding figure of the 
Icelandic loom we observe two staves, which are 
occasionally used to fix the rods in such a position 
as is most convenient to assist the weaver in draw- 
ing her woof across her warp. After the woof had 
been conveyed by the shuttle through the warp, 
it was driven sometimes downward, as is repre- 
sented in the first woodcut, but more commonly 
upward, as in the second. 11 Two different instru- 
ments were used in this part of the process. The 
simplest, and probably the most ancient, was in the 
form of a large wooden sword (spatha, cndOn; dim. 
oTTadtov 12 ). From the verb arraduo), to beat with the 
spatha, cloth rendered close and compact by this 
process was called cTzaSnToc. 13 This instrument is 
still used in Iceland exactly as it was in ancient 
times, and a figure of it, copied from Olafsen, is giv- 
en in the second woodcut. 

The spatha was, however, in a great degree su- 
perseded by the comb (pectcn, nepale), the teeth of 
which were inserted between the threads of the 
warp, and thus made, by a forcible impulse, to drive 
the threads of the woof close together. 14 It is prob- 
able that the teeth were sometimes made of metal ; 15 
and they were accommodated to the purpose intend- 
ed by being curved (peclinis unci 16 ), as is still the 
case in the combs which are used in the same man- 
ner by the Hindus. Among us the office of the 
comb is executed with greater ease and effect by 
the reed, lay, or batten. 

The lyre (vid. Lyra), the favourite musical instru- 



1. (Horn., II., xxiii., 762.)— 2. (Aristoph., Thesm., 829.) — 3. 
(Mart., xiv., 143.)— 4. (Crat. Jun., Frag., p. 103, ed. Ruukel.)— 
I. (Per., Mar. Eryth., p. 164, 170, 173, ed. Blancardi.)— 6. (Plin., 
IL N., xi., 24, 9. 28.) — 7. (Virg., Georg., i., 285.— Tibull , i., 6, 
18.) — 8. (Schol. in Aristoph., Ay., 4.— Suidas. Hesych., s. v.) — 
9. (Schol. in Horn., Od.,vii., 107.)— 10. (Plut., vii.,sap. conv., p. 
502, ed. Reiske.— Horn., II., xxiii., 760-763.) — 11. (Isid., Orig., 
xix., 22.— Herod., ii., 35.)— 12. (Brunck, Anal., i., 222.— Plato, 
Lysis., p. 118.— ^Esch.,Choeph,226.)— 13. (Athen , xii., p. 525, 
d.)— 14. (Ovid, Fast., iii., 880. — Met., vi., 58. — Juv., ix., 26.— 
Vta., JEn. ., vn., 14.— Horn. ,11., xxii., 448.— Aristoph., Aves,832. 
-Eurip., Ion, 509. 760. 1418, 1492.)— 15. (Horn., Od., v., 62.) — 
16 fClaudian in Eutrop., ii., 382.) 



ment of the Greeks, was only known to the Romans? 
as a foreign invention. Hence they appear to have 
described its parts by a comparison with the loom, 
with which they were familiar. The terms jugum 
and stamina were transferred by an obvious resen. 
blance from the latter to the former object ; and, 
although they adopted into their own language the 
Greek word plectrum, 1 they used the Latin Pecten 
to denote the same thing, not because the instru 
ment used in striking the lyre was at all like a comb 
in shape and appearance, but because it was held 
in the right hand, and inserted between the stamina 
of the lyre, as the comb was between the stamina 
of the loom. 3 

After enumerating those parts of the loom which 
were necessary to produce even the plainest piece 
of cloth, it remains to describe the methods of pro- 
ducing its varieties, and more especially of adding 
to its value by making it either warmer and softer, 
or more rich and ornamental. If the object was to 
produce a checked pattern (scutulis dividere 3 ), or to 
weave what we should call a Scotch plaid, the 
threads of the warp were arranged alternately black 
and white, or of different colours in a certain series, 
according to the pattern which was to be exhibited. 
On the other hand, a striped pattern (fiaSduroc •* vir- 
gata sagula 6 ) was produced by using a warp of one 
colour only, but changing at regular intervals the 
colour of the woof. Of this kind of cloth the Ro- 
man trabea 6 was an example. Checked and striped 
goods were, no doubt, in the first instance, produced 
by combining the natural varieties of wool, white, 
black, brown, &c. (Vid. Pallium, p. 718,) The 
woof also was the medium through which almost 
every other diversity of appearance and quality was 
effected. The warp, as mentioned above, was gen- 
erally more twisted, and consequently stronger and 
firmer than the woof; and with a view to the same 
object, different kinds of wool were spun for ihe 
warp and for the woof. The consequence was, that 
after the piece was woven, the fuller drew out its 
nap by carding, so as to make it like a soft blanket- 
(vid. Fullo, p. 453) ; and, when the intention was 
to guard against the cold, the warp was diminished, 
and the woof or nap {npb!;, npoKvc) made more abun- 
dant in proportion. 8 In this manner they made the 
soft xkalva or Lmxa. (Vid. Pallium, p. 718.) On 
the other hand, a woof of finely-twisted thread 
(f/Tpiov) produced a thin kind of cloth, which resem- 
bled our buntine (lacerna nimia subteminum lenuitate 
perflabiles 9 ). Where «any kind of cloth was enriched 
by the admixture of different materials, the richer 
and more beautiful substance always formed part 
of the woof. Thus the vestis subscrica or tramose- 
rica had the tram of silk. (Vid. Sericum.) In other 
cases it was of gold, 10 of wool dyed with Tyrian pur- 
ple 11 (Tyrio subtegmine, 12 picto subtegmine 13 ), or of 
beavers'-wool (vestis fibrina 1 *). Hence the epithets 
foivucoicpoKoc, " having a purple woof," 15 avOoicpo- 
koc, "producing a flowery woof," 16 xP V( ^ E0 ' n 'V v V T0C , 
"made from bobbins or pens of gold thread," 17 ev-r r 
voe, "made with good bobbins," 18 Kepntdi ■kolklIXov- 
aa, " variegating with the comb," 19 &c. 

But, besides the variety of materials constituting 
the woof, an endless diversity was effected by the 
manner of inserting them into the w arp. The terms 
bilix and 6l(iltoc, the origin of whitfh has been ex- 
plained, probably denoted what we call dimity, or 

1. (Ovid, Met., xi., 167-170.)— 2. (Virg.. JLn„vi., 647.— Juv., 
vi., 290-293.— Pers., vi., 2.) —3. (Plin., H. i c - , viii., 48, s. 74.— 
Juv., ii., 97.)— 4. (Diod. Sic, v., 30.)— 5. (Viig., ^n., viii., 660.) 
—6. (Id. ib., vii., 188.)— 7. (Plato, Polit., p. 302.)— 8. (Hesiod, 
Op. et Dies, 537. — Proclus, ad loc.) — 9. (Arr.tn. Marc, xiv., 6.) 
—10. (Virg.. JEn., iii., 483.— Serv. in loc.)— 1 1 . (Ovid, Met., vi., 
578.)— 12. (Tibull., iv., 1, 122.)- 13. (Val. Flacc, vi., 228.)— 14 
(Isid., Orig xix., 22.)— 15. (Pind., 01., vi., 39, cd. Bockh.— Schol 
in loc)— 10. (Eurip., Ilec,466.)— 7. (Eurip., Crest . 829.)— 18 
(Eurip., Iph. in Taur., 814, 1465.) -19. (Id. ib., 215.) 

955 



TELONES. 



TELOS. 



Heeded cloth, and the Germans zwillich. The poets 
apply trilix, which in German has become drillich, 
to a kind of armour, perhaps chain-mail, no doubt 
resembling the pattern of cloth which was denoted 
by the same term. 1 In the preceding figure of the 
Icelandic loom, the three rods with their leashes in- 
dicate the arrangement necessary for this texture. 
All kinds of damask were produced by a very com- 
plicated apparatus of the same kind (plurimis liciis), 
and were therefore called polymita* 

The sprigs or other ornaments produced in the 
texture at regular intervals were called flowers 
(dvdn ; 3 dpova*) or feathers (pluma): Another term, 
adopted with reference to the same machinery, was 
e&ftirov or et-dfurov, denoting velvet. In the Middle 
Ages it became ^dfurov, and thus produced the Ger- 
man sammet. 

The Fates are sometimes mentioned by classical 
writers in a manner very similar to the description 
of " the Fatal Sisters" above referred to (Dira so- 
rorum licia ; 5 fatorum inextricabiliter contorta licia*). 

As far as we can form a judgment from the lan- 
guage and descriptions of ancient authors, the pro- 
ductions of the loom appear to have fallen in ancient 
times very little, if at all, below the beauty and va- 
riety of the damasks, shawls, and tapestry of the 
present age, and to have vied with the works of the 
most celebrated painters, representing first mytho- 
logical, and afterward scriptural subjects. In addi- 
tion to the notices of particular works of this class, 
contained in the passages and articles which have 
been already referred to, the following authors may 
be consulted for accounts of some of the finest 
specimens of weaving : Eurip., Ion, 190-202, 1141— 
1165. — Aristot., Mir. Auscult., 99. — Athen., xii., p. 
541. — Asteri., Homilia de Div. et Laz. — Theod. 
D rodrom., Rhod. et Bos. Amor., ad fin. — Virg., Mn., 
., 250-257; dr., 21-35.— Ovid, Met., vi., 61-128. 
-Stat., Theb., vi., 64, 540-547.— Auson., Epig., 26. 
— Lamprid., Heliog., 28. — Claudian, De VI. Cons. 
Honor., 561-577; in Stilich., ii., 330-365. 

TELAMO'NES. ( Vid. Atlantes.) 

*TELEPHTON (retefiov), a plant which Ste- 
phens and Hardouin call the Orpine, i. e., Sedum 
Telephium. Sprengel, however, although he inclined 
to this opinion in his R. H. H., seems in his edition 
of Dioscorides to join Sib thorp and others in refer- 
ring it to the Cerinthe minor. The leaves of this 
plant, as also of the poppy and anemone, were used 
by lovers in a species of divination ; the leaf, laid 
on the thumb and forefinger, being smartly struck 
with the right hand, yielded a sound from which 
the sentiments of the beloved object were guessed. 7 

TELETAI [TElerai). {Vid. Mysteria.) 

*TELIS (ttjIlc), the Trigonella Fcenum Gracum, 
or Fenugreek. 6 

TELO'NES (relMvnc). Most of the taxes at 
Athens were farmed by private persons, who took 
upon themselves the task of collecting, and made 
periodical payments in respect thereof to the state. 
They were called by the general name of reluvai, 
while the farmers of any particular tax were called 
elKoarCovai, TcevrrjKOGTo'koyoL, &c, as the case might 
be. The duties were let by auction to the highest 
bidder. Companies often took them in the name 
of one person, who was called dpxuvnc or reXuvup- 
xvg, and was their representative to the state. 
Sureties were required of the farmer for the pay- 
ment of his dues. The office was frequently under- 
taken by resident aliens, citizens not liking it, on 
account of the vexatious proceedings to which it 

1. (Virg-., JEn., iii., 467 ; v., 259 ; vii., 639; xii., 375. — Val. 
Flac, iii., 199.)— 2. (Plin., H. N., viii., 48, s. 74. — Mart., xiv., 
150.)— 3. (Philost., Imag., ii., 28.)— 4. (Horn., II., xxii.,440.)— 5. 
(Stat., Achill., i., 520.)— 6. (Apul., Met., xi.)— 7. (Dioscor., ii., 
217. — Adams, Append., s. v. — Donnegan, Lex., s. v.)— 8. (The- 

hr., iii., 17. — Dioscor., ii., 124. — Adams, Append., s. v.) 
956 



often led. The farmer was armed with considera 
ble powers : he carried with him his books, search 
ed for contraband or uncustomed goods, watched 
the harbour, markets, and other places, to prevent 
smuggling, or unlawful and clandestine sales; 
brought a tydaic or other legal process against those 
whom he suspected of defrauding the revenue ; c* 
even.j>seized their persons on some occasions, arcs 
took them before the magistrate. To enable hiic 
to perform these duties, he was exempted from mil- 
itary service. Collectors (huXoyzic) were some- 
times employed by the farmers, but frequently the 
farmer and the collector were the same person. 1 

The taxes were let by the commissioners, acting 
under the authority of the senate. ( Vid. Poletai.) 
The payments (KaraSoXal rfkovc) were made by 
the farmer on stated prytaneias in the senate-house. 
There was usually one payment made in advance, 
TzpoK.aTa6oXr}, and one or more afterward, called 
Trpoo-KaradXrifia. Upon any default of payment, the 
farmer became drifioc if a citizen, and he was lia- 
ble to be imprisoned at the discretion of the court, 
upon an information laid against him. If the debt 
was not paid by the expiration of the ninth pryta- 
neia, it was doubled ; and if not then paid, his prop- 
erty became forfeited to the state, and proceedings 
to confiscation might be taken forthwith. Upon 
this subject the reader should consult the speech 
of Demosthenes against Timocrates. 2 

TELOS (reXoc). The taxes imposed by the 
Athenians, and collected at home, were either ordi- 
nary or extraordinary. The former constituted a 
regular or permanent source of income ; the latter 
were only raised in time of war or other emergen- 
cy. The ordinary taxes were laid mostly upon 
property, and upon citizens indirectly in the shape 
of toll or customs, though the resident aliens paid 
a poll-tax, called /ueroi/uov, for the liberty of resi- 
ding at Athens under the protection of the state. 
(Vid. Metoikoi.) As to the customs and harboui 
dues, see Pentecoste. An excise was paid on all 
sales in the market, called kizuvia, though we know 
not what the amount was ; 3 and a duty was im- 
posed on aliens for permission to sell their goods 
there.* Slave-owners paid a duty of three obols 
for every slave they kept, and slaves who had 
been emancipated paid the same. 5 This was a 
very productive tax before the fortification of De- 
celeia by the Lacedaemonians. 6 There was also a 
Kopvuibv reloc, and some others of minor impor- 
tance, as to which the reader is referred to Bockh. 7 
The justice fees (irpvraveta, napdoraaLe, &c.) were 
a lucrative tax in time of peace. 8 

The extraordinary taxes were the property-tax, 
and the compulsory services called Xeirovpyiai. 
Some of these last were regular, and recurred an- 
nually ; the most important, the rpivpapxia, was a 
war-service, and performed as occasion required. 
As these services were all performed, wholly or 
partly, at the expense of the individual, they may 
be regarded as a species of tax. (Vid. Eisphora, 
Leitourgia, Trierarchia.) 

The tribute (<popoi) paid by the allied states to 
the Athenians formed, in the flourishing period of 
the Republic, a regular and most important source 
of revenue. 9 In Olymp. 91,2, the Athenians sub- 
stituted for the tribute a duty of five per cent. (eUoa- 
rt}) on all commodities exported or imported by the 
subject states, thinking to raise by this means a 
larger income than by direct taxation. 10 This was 
terminated by the issue of the Peloponnesian war, 

1. (Bockh, Staatsh. der Athen., i., 359.)— 2. (Vid. Bockh, ib., 
362, &c— Schotnann, Ant. Jur. Publ. Gr., 317.) —3. (Harpocr., 
s. v. 'ETiwi'a.)— 4. (Bockh, Staatsh., &c, 336, 347.)— 5. (Bockh, 
ib., 354, 356.)-6. (Xen., De Vectig., iv., 25.)— 7. (Id., 357.)— 8 
(Thucyd., vi., 91.— Bockh, ib.,369, &c.)— 9 (Bockh, il., 427 ) — 
10. (Thucyd., vii., 28 Bockh, ib., 348.) 



TEMO. 



TEMPLUM. 



though the tribute was afterward revised on more 
equitable principles, under the name of ovvratjic. 1 

A duty o ten per cent, (de/cdrr/) on merchandise 
passing inbo and from the Euxine Sea was estab- 
lished for a time by Alcibiades and other Athenian 
generals, who ftrtified Chrysopolis, near Chalce- 
don, and built a station for the collection of the 
duty called 6eKarevr7Jptov. This occurred in 01. 92. 
It was lost after the battle of JEgos Potamos, after- 
ward revived by Thrasybulus, and probably ceased 
at the battle of Antalcidas. 2 This may be regard- 
ed as an isolated case. In general, where denarai 
are mentioned among the Greeks, they denote the 
tithes of land, such as the Persian satraps collect- 
ed from conquered countries, or such as tyrants 
exacted of their subjects for the use of land held 
under them as lord of the whole country. For in- 
stance, Pisistratus took a tithe of this kind, which 
was reduced by his sons to a twentieth. The state 
of Athens held the tithe of some lands ; other 
tithes were assigned to the temples or service of 
the gods, having been dedicated by pious individu- 
als, or by reason of some conquest or vow, such 
as that recorded by Herodotus. 3 

Other sources of revenue were derived by the 
Athenians from their mines and public lands, fines 
and confiscations. The public demesne lands, 
whether pasture or arable, houses or other build- 
ings, were usually let by auction to private individ- 
uals. The conditions of the lease were engraven 
on stone. The rent was payable by prytaneias. 
If not paid at the stipulated time, the lessee, if a 
citizen, became uTt/xog, and subject to the same con- 
sequences as any other state debtor.* As to fines 
and confiscations, see timema. 5 

These various sources of revenue produced, ac- 
cording to Aristophanes, an annual income of two 
thousand talents in the most flourishing period of 
the Athenian empire. 6 See the calculations of 
Bockh. 7 

TeXelv signifies " to settle, complete, or perfect," 
and hence ''to settle an account," and generally 
" to pay." Thus reXoc comes to mean any pay- 
ment in the nature of a tax or duty. The words 
are connected with zahlen in German, and the old 
sense of tale in English, and the modern word toll. 6 
Though tcIoc may signify any payment in the na- 
ture of a tax or duty, it is more commonly used of 
the ordinary taxes, as customs, &c. TeXoc, reheiv, 
is used with reference to the property-tax, in the 
sense of being rated in a certain proportion, or, which 
is the same thing, belonging to a particular class 
of rate-payers. Thus 'nnrada, or imundv Telelv, 
or etc Lrnrdda reXelv, means to belong to the class 
of knights ; and the same expression is used met- 
aphorically, without any immediate reference to the 
payment of a tax. Thus etc avdpac reXeiv is to be 
classed among adults. So kc Boiurovr reXeetv. 9 
'loorfAeia signifies the right of being taxed on the 
same footing, and having other privileges, the same 
as the citizens ; a right sometimes granted to resi- 
dent aliens. (Vid. Metoikoi.) 'Are/Urn signifies 
an exemption from taxes, or other duties and ser- 
vices ; an honour very rarely granted by the Atheni- 
ans. As to this the reader is referred to the speech 
of Demosthenes against Leptines, with the com- 
mentaries of Wolf. As to the farming of the taxes, 
*ee Telones. For an epitome of the whole sub- 
ject, see Schomann. 10 

TEMENOS (rifievoc). (Vid. Ager Sanctus, 
Templum.) 

TEMO. (Vid. Currus, p. 331.) 

1. (Bockh, i)., 451.)— 2. (Xen., Hell., i., 1, ft 22 ; iv., 8, ft 27.) 
—3. (vii., 132.— Bockh, ib., 350, 352.)— 4. (Id. ib., 329.)— 5. (Id. 
b., 402. 423.)— 6. (Vesp., 660.)— 7. (Id., 466.) — 8. (Arnold ad 
Tnui,., i., 5».)-9. (Herod , vi., 108.— Vid. Bockh, ib., ii., 30.) 
—10. (Ant. Jur. Publ. Or., 314, &c.) 



TEMPLUM is the same word as the Greek rep 
evoc, from rijuvo), to cut off, for templum, according 
to Servius, 1 was any place which was circumscr: 
bed and separated by the augurs from the rest ot 
the land by a certain solemn formula. The tech- 
nical terms for this act of the augurs are libcrare 
and effari, and hence a templum itself is a locus lib- 
eratus et effatus. A place thus set apart and hallow- 
ed by the augurs was always intended to ser\e re- 
ligious purposes, but chiefly for taking the auguria 
(" Templum locus augurii out ausficxi causa quibus- 
dam conceptis verbis Jinitus" 2 ). When Varro 3 says 
that a locus effatus was always outside the city, we 
must remember that this only means outside the 
pomcerium, for the whole space included within the 
pomoerium was itself a templum, a. e., a place it» 
which auspices could be taken (vid Pomcerium.j, 
but when they were to be taken in any place out- 
side the pomcerium, it was always necessary for 
such a place to be first circumscribed and sanctified 
by the augur (Uberare et effari). The place in the 
heavens within which the observations were to be 
made was likewise called templum, as it was mark- 
ed out and separated from the rest by the staff ot 
the augur. When the augur had defined the tem- 
plum within which he intended to make his obser- 
vations, he fixed his tent in it (tabernaculum capere), 
and this tent was likewise called templum, or, more 
accurately, templum minus. To this minus tem- 
plum we must refer what Servius 4 and Festus 5 
state, that a templum was enclosed with planks, 
curtains, &c, attached to posts fixed in the ground, 
and that it had only one door (exitus). The place 
chosen for a templum was generally an eminence, 
and in the city it was the arx, where the fixing of a 
tent does not appear to have been necessary, be- 
cause here a place called auguraculum was once 
for all consecrated for this purpose. 6 

Besides this meaning of the word templum in the 
language of the augurs, it also had that of a temple 
in the common acceptation. In this case too, how- 
ever, the sacred precinct within which a temple 
was built was always a locus liberatus et effatus 
by the augurs, that is, a templum or afanvm; 1 the 
consecration was completed by the pontiffs, and 
not until inauguration and consecration had taken 
place could sacra be performed or meetings of the 
senate be held in it. b It was necessary, then, for a 
temple to be sanctioned by the gods, whose will 
was ascertained by the augurs, and to be consecra- 
ted or dedicated by the will of man (pontiffs). 
Where the sanction of the gods had not been ob- 
tained, and where the mere act of man had conse- 
crated a place to the gods, such a place was only a 
sacrum, sacrarium, or sacellum. ( Vid. Sacrarium, 
Sacellum.) Varro 9 justly considers the ceremony 
performed by the augurs as essential to a temple, 
as the consecration by the pontiffs took place also 
in other sanctuaries which were not templa, but 
mere sacra or cedes sacra. Thus the sanctuary of 
Vesta was not a templum, but an aides sacra, and 
the various curia? (Hostilia, Pompeia, Julia) requi- 
red to be made templa by the augurs before senatus 
consulta could be made in them. In what manner 
a templum differed from a delubrum is more difficult 
to decide, and neither the ancient nor modern wri- 
ters agree in their definitions. Some ancients be- 
lieved that delubrum was originally the name given 
to a place before or at the entrance of a temple, 
which contained a font or a vessel with water, by 
which persons, before entering the temple, pe r form- 

1. (ad ^En., i., 446.)— 2. (Varro, DeLing. Lat., vi.,p. 81, Bip.) 
— 3. (De Ling. Lat., v., p. 65, Bip.)— 4. (ad J2n., iv., 200.)— 5 
(s. v. Minora templa.) — 6. (Paul Diac, s. v. Auguraculum. — Com 
pare Liv., i., 18; iv., 18.— Cic, De Off., iii., 16.)— 7. (Liv., x. 
37. — Varro, De Ling. Lat., v., 65, Bip.; — 8. (Serv. ad ^En., i., 
446.)— 9. (ap. Gell., xiv., 7, ft 7.) 

957 



TEMPI .1JM. 



TEMPLUM. 



' ed a symbol c purification -, 1 oiners state that delu- 
brum was o;iginally the name for a wooden repre- 
sentation of a god (goavov), which derived its name 
from librum (the bark of a tree), which was taken 
off (delibrare) before the tree was worked into an 
image of the god, and that hence delubrum was ap- 
plied to the place where this image was erected. 2 
Hartung 3 derives the word delubrum from liber (an- 
ciently luber), and thinks that it originally meant a 
locus liberatus, or a place separated by the augur 
fj'om the profane land, in which an image of a god 
might be erected, and sacred rites be performed. 
A delubrum would therefore be a sanctuary, whose 
chief characteristic was its being separated from 
the profane land. But nothing certain can be said 
on the subject. 4 

After these preliminary remarks we shall proceed 
to give a brief account of the ancient temples, their 
property and their ministers, both in Greece and 
Rome. We must, however, refer our readers for 
a detailed description of the architectural structure 
of ancient temples to other works, such as Stieglitz, 
Arch'dologie der Baukunst, and others, especially as 
the structure of the temples varied according to the 
divinities to whom they were dedicated, and other 
circumstances. 

Temples in Greece. — Temples appear to have ex- 
isted in Greece from the earliest times. They 
were separated from the profane land around them 
(tottoc fiLbtfkoq or ra fie6r)la), because every one was 
allowed to walk in the latter. 5 This separation 
was in early times indicated by very simple means, 
such as a string or a rope. 6 Subsequently, howev- 
er, they were surrounded by more efficient fences, 
or even by a wall (epnoc, irepidolog 1 ). The whole 
space enclosed in such a nepiftoloc was called te- 
U£voc, or sometimes lepov, 8 and contained, besides 
the temple itself, other sacred buildings, and sacred 
ground planted with groves, &c. Within the pre- 
cincts of the sacred enclosure no dead were gener- 
ally allowed to be buried, though there were some 
exceptions to this rule, and we have instances of 
persons being buried m", or at least near, certain 
temples. The religious laws of the island of Delos 
did not allow any corpses to be buried within the 
whole extent of the island ; 9 and when this law had 
been violated, a part of the island was first purified 
by Pisistratus, and subsequently the whole island 
by the Athenian people. 

The temple itself was called veug, and at its en- 
trance fonts (7TEpippavT7JpLa) were generally placed, 
that those who entered the sanctuary to pray or to 
offer sacrifices might first purify themselves. 10 In 
the earliest times the Greek temples were either 
partly or wholly made of wood, 11 and the simplest 
of all appear to have been the gi^kol, which were 
probably nothing but hollow trees, in which the im- 
age of a god or a hero was placed as in a niche, 18 
for a temple was originally not intended as a recep- 
tacle for worshippers, but simply as a habitation 
for the deity. The act of consecration, by which a 
temple was dedicated to a god, was called Wpvoig. 
The character of the early Greek temples was dark 
and mysterious, for they had no windows, and they 
received light only through the door, which was 
very large, or from lamps burning in them. Vitru- 
vius 13 states that the entrance of Greek temples was 



1 (Serv. ad iEn., iv., 56 ; ii., 225. — Corn. Fronto, quoted by 
Daeier on Fest. s. v. Delubrum.) — 2. (Fest., s. v. Delubrum. — 
Massur. Sab. ap. Serv. ad Mn., ii., 225.)— 3. (Die Rel. d. Rom., 
i., p. 143, &c.) — 4. (Compare Macrob., Sat., iii., 4.)— 5. (Schol. 
*d Soph , (Ed. Col., 10.)— 6. (Paus., viii., 10, ft 2.)— 7. (Herod., 
vi., 134— Pollux, Onom., i., 10.— Paus., passim.)— 8. (Herod., 
ix., 36 ; -"i., 19, with Valckenaer's note.— Thucyd., v., 18.) — 9. 
(ThucyJ, iii., 104. — Compare Herod., i., 64.) — 10. (Pollux, 
Onom.. i , 10.— Herod., i., 51.)— 11. (Paus., v., £0, ft 3 ; 16, ft 1 ; 
viii., 10, ft 2.)— 12. (llesiod., Fragm., 54, ed. Gbttling. — Schol. 
ad Soph., Trach 1169.)— 13. (iv., 5.) 
953 



always towards the west, but most of the temples 
still extant in Attica, Ionia, and Sicily, have theii 
entrance towards the east. Architecture in the 
construction of magnificent temples, however, made 
great progress even at an earlier time than either 
painting or statuary, and long before the Persian 
wars we hear of temples of extraordinary grandeur 
and beauty. All temples were built either in an ob- 
long or round form, and were mostly adorned with 
columns. Those of an oblong form had columns ei- 
ther in the front alone (prostylus), in the fore and 
back fronts (amphiprostylus), or on all the four sides 
(peripterus 1 ). Respecting the original use of these 
porticoes, see Pokticus. The friezes and metopes 
were adorned with various sculptures, and no ex- 
pense was spared in embellishing the abodes of the 
gods. The light, which was formerly let in at the 
door, was now frequently let in from above, through 
an opening in the middle which was called vnaidpov* 
Many of the great temples consisted of three parts : 
1. the npovaoc or Trpodopoc, the vestibule ; 2. the eel- 
la (vaoe, arjKoc) ; and, 3. the biricdodoftoc. The cella 
was the most important part, as it was, properly 
speaking, the temple or the habitation of the deity 
whose statue it contained. In one and the same cel- 
la there were sometimes the statues of two or more 
divinities, as in the Erechtheum at Athens the stat- 
ues of Poseidon, Hephaestus, and Butas. The stat- 
ues always faced the entrance, which was in the 
centre of the prostylus. The place where the stat- 
ue stood was called e6oc, and was surrounded by a 
balustrade or railings (hpta, tpvfiara 2 ). Some tem- 
ples also had more than one cella, in which case 
the one was generally behind the other, as in the 
temple of Athena Polias at Athens. In temples 
where oracles were given, or where the worship 
was connected with mysteries, the cella was called 
advTov, fieyapov, or avdaropov, and to it only the 
priests and the initiated had access.* In some 
cases the cella was not accessible to any human 
being, and various stories were related of the ca- 
lamities that had befallen persons who had ventured 
to cross the threshold. 5 The biucdbdofioe was a 
building which was sometimes attached to the back 
front of a temple, and served as a place in which 
the treasures of the temple were kept, and thus 
supplied the place of tirjoavpoi which were attached 
to some temples. 6 

Independently of the immense treasures contain- 
ed in many of the Greek temples, which were either 
utensils or ornaments, and of the tithes of spoils, 
&c., 7 the property of temples, from which they de- 
rived a regular income, consisted of lands (refiivv), 
either fields, pastures, or forests. In Attica we 
sometimes find that a demos is in possession of the 
estates of a particular temple : thus the Peiraeus 
possessed the lands belonging to the Theseum : in 
what their right consisted is not known ; but ol 
whatever kind it may have been, the revenues ac- 
cruing from such property were given to the tem- 
ples, and served to defray the expenses for sacrifices, 
the maintenance of the buildings, &c. For this 
purpose all temple-property was generally let out 
to farm, unless it was, by some curse which lay on 
it, prevented from being taken into cultivation." 
The rent for such sacred domains was, according 
to Demosthenes, 9 received by the demarch, proba 
bly the demarch of the demos by which the sacred 
domain was occupied ; for in other cases we find 



1. (Vitruv., iii., 1.)— 2. (Vitruv.,1. c.)— 3. (Paus., v., 11, ft 2.) 
4. (Pollux, Onom., i., 9.— Paus., ix., 8, ft 1 ; viii., 62 ; 37, ft 5. 
—Herod., viii., 53 ; ix., 65.— Plut., Num., 13.— Ctes., Bell. Civ 
iii., 105.)— 5. (Paus., viii., 52, ft 3 ; 10, ft 2 ; 38, ft 2.-Soph., (Ed. 
Col., 37.)— 6. (Compare Midler, Arch. d. Knnst, p. 372, &c — 
Stieglitz, Arch, der Baukunst, ii., 10, &c— Bockh ad Corp. In 
script., p. 264, &c.)— 7. (Herod., vii., 132.— riod , xi., 3.— Po 
lyb., iv., 33.)— 8. (Harpocr., s. v. nicOoJudroiv. — Compare Isor*- 
Arpyp., 11.)— 9. (in Eubul., p. 1318.) 




VENTHREDO. 



tnai the rents were paid to the authorities intrusted 
with the administration of the temples. 1 The su- 
preme control over all property of temples belonged 
to the popular assembly. 2 

Respecting the persons intrusted with the super- 
intendence, keeping, cleaning, etc., of temples, we 
scarcely possess any information. (Vid. ^Editui 
and Zakoroi.) We have mention of persons called 
KAcidovxoi, K?,ydovxoi, and veoQvXaKEc, who must 
have been employed as guards and porters, 3 although 
it is not certain whether these functions were not 
performed by priests who were occasionally called 
by names derived from some particular function. 
At Olympia tyaidpvvTai were appointed who belonged 
to the family of Phidias, and had to keep clean the 
statue of the Olympian Zeus.* 

Temples at Rome. — In the earliest times there ap- 
pear to have been very few temples at Rome, and 
in many spots the worship of a certain divinity had 
been established from time immemorial, while we 
hear of the building of a temple for the same di- 
vinity at a comparatively late period. Thus the 
foundation of a temple to the old Italian divinity 
Saturnus, on the Capitoline, did not take place till 
498 B.C. 5 In the same manner, Quirinus and Mars 
had temples built to them at a late period. Jupiter 
also had no temple till the time of Ancus Marcius, 
and the one then built was certainly very insignifi- 
cant. 6 We may therefore suppose that the places 
of worship among the earliest Romans were in 
most cases simple altars or sacella. The Roman 
temples of later times were constructed in the 
Greek style. The cella was here, as in Greece, 
the inner spacious part of the temple which con- 
tained the statue or statues of the gods, and an altar 
before each statue. 7 The roof which covered the 
cella is called testudo, but it was in most cases not 
wholly covered, in order to let the light in from 
above. 8 The entrance of a Roman temple was, ac- 
cording to Vitruvius, if possible, always towards 
the west, which side was at the same time faced 
by the image of the divinity, so that persons offering 
prayers or sacrifices at the altar looked towards the 
east. 9 If it was not practicable to build a temple 
in such a position, it was placed in such a manner 
that the greater part of the city could be seen from 
it ; and when a temple was erected by the side of a 
street or road, it was always so situated that those 
who passed by could look into it, and offer their 
salutations to the deity. 

As regards the property of temples, it is stated 
that in early times lands were assigned to each 
temple, but these lands were probably intended for 
the maintenance of the priests alone. (Vid. Sacer- 
dos.) The sacra publica were performed at the 
expense of the treasury ; and in like manner ve 
must suppose, that whenever the regular income 
of a temple, arising from fees and fines, was not 
sufficient to keep a temple in repair, the state sup- 
plied the deficiency, unless an individual volun- 
teered to do so. 

The supreme superintendence of the temples of 
Rome, and of all things connected with them, be- 
longed to the college of pontiffs. Those persons 
who had the immediate care of the temples were 
the ^Editui. 

TEMPORALIS ACTIO. (Vid. Actio, p. 18.) 

TENSJE. (Vid. Thens^e.) 

♦TENTHRE'DO (revdpriduv), a species of Ten- 
thredo, or Saw-fly. 10 



1. (Bockh, Staatsh., i., p. 327, &c. ; ii., p. 339.)— 2. (Demosth. 
in Neaer., p. 1380.)— 3. (^sch., Suppl., 294.)— 4. (Paus., v., 14, 
9 5.)— 5. (Lir., ii., 21.— Dionys., vi., 1.— Plut., Publ., 12.)— 6. 
(Dionys., ii., 34.— Liv., i., 33.)— 7. (Vitruv., iv., 5.)— 8. (Varro 
ap. Serv. ad JEn., ]., 505.)— 9. (Comp. Tsidor., xv., 4, 7.— Hygin., 
he. Limit., p. 153, «d. Gees.) — 10. ( Vid. Aristot., ix., 27. — Ad- 
vms, .Appeui]., s. v 1 



TESSERA. 

TEPIDA'RIUM. (Vid. Baths, p. 146.) 

*TEREBINTH'US {repi6tvdog) t the Pistacia Ter- 
ebinthus, or Chian Turpentine-tree. The modern 
Greek name is KOKopir^a. According to Sibthorp, 
the fruit of this tree is eaten, and an oil expressed 
from it. In Cyprus it is called rpipidia, a corrup- 
tion evidently of its other and more ancient ap- 
pellation, repfiivdog. The Cyprian turpentine was 
formerly much esteemed, and employed for medical, 
uses ; at present the principal culture of the tur- 
pentine-tree, as well as the mastic, is in the island 
of Scio, and the turpentine, when drawn, is sent to 
Constantinople. 1 

♦TERE'DO (reprjduv), an insect that preys on 
wood, especially that species which injures the 
timbers of ships at sea, the Teredo navalis. " The 
term repnduv is also applied by the Greek writers 
on veterinary surgery," says Adams, "to a worm 
which is formed in the intestines of cattle. The 
word is also used by the medical authors to signify 
the caries of bones." 3 

TERENTI'LIA LEX. (Vid. Lex, p. 586.) 

TERMINA'LIA, a festival in honour of the god 
Terminus, who presided over boundaries. His 
statue was merely a stone or post stuck in the 
ground to distinguish between properties. On the 
festival the two owners of adjacent property crown- 
ed the statue with garlands, and raised a rude altar, 
on which they offered up some corn, honeycombs, 
and wine, and sacrificed a lamb 3 or a sucking pig. 
They concluded with singing the praises of the god.* 
The public festival in honour of this god was cele- 
brated at the sixth milestone on the road towards 
Laurentum, 5 doubtless because this was originally 
the extent of the Roman territory in that direction. 

The festival of the Terminalia was celebrated a. d. 
VII. Kal. Mart., or the 23d of February, on the day 
before the Regifugium. The Terminalia was cele- 
brated on the last day of the old Roman year, 
whence some derive its name. We know that 
February was the last month of the Roman year, 
and that when the intercalary month Mercedoniua 
was added, the last five days of February were ad- 
ded to the intercalary month, making the 23d of 
February the last day of the year. 6 When Cicero, 
in a letter to Atticus, 7 says, " Accepi tuas litter as a. d. 
V. Terminalia''' (i. e., Feb. 19), he uses this strange 
mode of defining a date, because, being + hen in 
Cilicia, he did not know whether any intercalation 
had been inserted that year, as is explained under 
Calendar, Roman, p. 191. 

TERU'NCIUS. (Vid % As, p. 110.) 

TESSERA, dim. TESSERULA and TESSEL 
LA (kv6oc), a square or cube, a die, a token. 

The use of small cubes of marble, earthenware, 
glass, precious stones, and mother-of-pearl for ma- 
king tesselated pavements (pavimenta tessellata*) is 
noticed under House, Roman, p. 519, and Paint 
ing, p. 715. 

The dice used in games of chance (vid. Alea) 
had the same form, and were commonly made of 
ivory, bone, or some close-grained wood, especially 
privet (ligustra tesseris utilissima 9 ). They were 
numbered on all the six sides like the dice still in 
use ; 10 and in this respect, as well as in their form 
they differed from the tali, which are often distin- 
guished from tesserae by classical writers. 11 (Vid. 
Talus.) While four tali were used in playing, only 
three tesserae were anciently employed. Hence 
arose the proverb, rj rplg 1%, i) rpelg kvSol, i. e., 

1. (Theophr., H. P., iii., 2. — Dioscor., i., 92. — Adams, Ap- 
pend., s. v. — Walpole's Memoirs, vol. i., p. 242.) — 2. (Theophr , 
II. P., v., 5. — Adams, Append., s. v.) — 3. (Hor., Epod., ii., 59.; 
—4. (Ovid, Fast., ii., 639, &c.)— 5. (Id., 682.)— 6. (Varro, L. I«. 
vi., 13. ed. Muller. — Macrob., Sat., i., 13.)- 7. (vi., 1.)- 8 
(Suet., Jul., 46 )— 9. (Plin , H. N., xvi., 18, s. 31.)— 10. (Ovid 
Tiist., ii., 473.)— 11 (Gellius, xviii., 13 — Cic, De Sen., I'l ) 

il.V.) 



TESTAMENTUM. 



1ESTAMENTUM. 



"eitner three sizes or three aces," meaning all or 
none ;* for tcv6og was used to denote the ace, as in 
the throw 6vo kvSu nai rerrapa, i. e., 1, 1, 4.=6. 2 
Three sizes is mentioned as the highest throw in 
the Agamemnon of iEschylus (32). A.s early as the 
time of Eustathius 3 we find that the modern prac- 
tice of using two dice instead of three had been 
established. 

The ancients sometimes played with dice wXeia- 
rotoXw&a (vid. Talus), when the object was simply 
to throw the highest numbers. At other times they 
played also with two sets of Latrunculi or draughts- 
men, having fifteen men on each side. The board 
(alveus lusorius* alveolus 1 ') was divided by twelve 
lines, so that the game must have been nearly or 
altogether the same with our backgammon. 6 Per- 
haps the duodecim scripta of the Romans was the 
same game. (Vid. Abacus.) 

Objects of the same materials with dice, and 
either formed like them or of an oblong shape, were 
used as tokens for different purposes. The tessera 
hospitalis was the token of mutual hospitality, and 
is spoken of under Hospitium, p 512. This token 
was probably in many cases of earthenware, hav- 
ing the head of Jupiter Hospitalis stamped upon it. 7 
Tessera frumentaria and nummaria were tokens 
given at ceitain times by the Roman magistrates 
to the poor, in exchange for which they received a 
fixed amount of corn or money. 8 Similar tokens 
were used on various occasions, as they arose in 
the course of events. For example, when the Ro- 
mans sent to give the Carthaginians their choice 
of peace or war, they sent two tesserae, one marked 
with a spear, the other with a Caduceus, requesting 
them to take either the one or the other. 9 

From the application of this term to tokens of 
various kinds, it was transferred to the word used 
as a token among soldiers. This was the tessera 
militaris, the avvdn/na of the Greeks. Before joining 
battle it was given out and passed through the 
ranks, as a method by which the soldiers might be 
able to distinguish friends from foes. 10 Thus, at the 
battle of Cunaxa, the word was " Zeus the Saviour 
and Victory," and on a subsequent engagement by 
the same tioops, " Zeus the Saviour, Heracles the 
Leader." 11 The soldiers of Xenophon used a verbal 
sign for the same purpose when they were encamp- 
ed by night. 1 '* ^Eneas Tacticus 13 gives various direc- 
tions necessary to be observed respecting the word. 

TESTA. {Vid. Fictile, p. 441.) 

TESTAMENTUM is "mentis nostra justa con- 
testatio in id solemniter facfa ut post mortem nostram 
valeat." 1 * In this passage the word justa means 
"jure facta, 1 ' " as required by law." The word 
contestatio is apparently used with reference to the 
origin of the term testamentum, which is to be re- 
ferred to "teslari," which signifies "to make a sol- 
emn declaration of one's will." Testamentum is 
not so named with reference to testes. Gellius 15 
properly finds fault with Servius Sulpicius for saying 
that the word is compounded "a mentis contesta- 
tioney The person who made a testamentum was 
testator. 15 

In order to be able to make a valid Roman will, 
the testator must have the testamentifactio, which 
term expresses the legal capacity to make a valid 
will : the word has also another signification. ( Vid. 

1. (Plat., Leg., xii., ad fin. — Schol. in loc. — Pherecrates, p. 
«9, ed. Runkel.) —2. (Eupolis, p. 174, ed. Itunkel. — Aristoph., 
Ran., 1447.— Schol. in loc.)— 3. (inOd., i., 107.)— 4. (Plin., H. 
N., xxxvii., 2, s. 6.)— 5. (Gell., i., 20; xiv., 1.)— 6. (Brunck, 
Aual., iii., 60. — Jacobs ad loc.) — 7. (Plaut., Pcsn., v., 1, 25 ; 2, 
87-99.)— 8. (Sueton., Octav., 40, 42.— Nero, 11.)— 9. (Gellius, 
x., 27 )— 10. (Virg., JEn., vii., 637.)- 11. (Xen., Anab.. i.. 8, $ 
16 ; vi., 3, t> 25.) — 12. (vii., 3, $ 34.) — 13. (c. 24.) — 14. (TJlp., 
Frag., tit. 20. — Comp. U'p., Dig. 28, tit. 2, s. 1, where he has 
' justa senterdia:'^ -15 ('i.. 12.)— 16. (Suet., Ner., 17.— Dig. 
2* ' ; t. 3, s. 17.) 
9G0 



Heres, Roman, p. 497.) The testamentifactio was 
the privilege only of Roman citizens who were pa 
tresfamilias. The following persons, consequently 
had not the testamentifactio : those who were ic 
the potestas or manus of another, or in mancipii 
causa, as sons and daughters, wives in manu and 
slaves ; but, with respect to his castrense peculium 
(vid. Patria Potestas, p. 742), a filiusfamilias had 
the privilege of testamentary disposition : Latini 
Juniani, dediticii : peregrini could not dispose of 
their property according to the form of a Roman 
will : a person who was doubtful as to his status, 
as, for instance, a person whose father had died 
abroad and the fact was not ascertained, could not 
make a testament : an impubes could not dispose of 
his property by will, even with the consent of hia 
tutor ; when a male was fourteen years of age he 
obtained the testamentifactio, and a female obtained 
the power, subject to certain restraints, on the 
completion of her twelfth year : muti, surdi, furiosi, 
and prodigi " quibus lege bonis inter dictum est" had 
not the testamentifactio ; the reasons why these 
several classes of persons had not the testamenti- 
factio illustrate the Roman mode of deducing legal 
conclusions from general principles : the mutus 
had not the testamentifactio, because he could not 
utter the words of nuncupatio ; the surd us, because 
he could not hear the words of the emtor familiae ; 
the furiosus, because he had not intellectual capaci- 
ty to declare his will (testari) about his property ; 
and the prodigus, because he was under a legal 
restraint, so that he had no commercium, and, con- 
sequently, could not exercise the formal act of the 
familiae mancipatio. 1 (Vid. Curator, Impubes.) 

Women had originally no testamentifactio, ana 
when they did acquire the power, they could only 
exercise it with the auctoritas of a tutor. Of course, 
a daughter in the power of her father, whether sha 
was unmarried or married, and a wife in manu, 
could never make a will. The rules, therefore, as 
to a woman's capacity to make a will, could apply 
only to unmarried women after the death of their 
father, and to widows who were not in the power of 
a father. This subject requires explanation. 

Cicero 8 observes, " if a woman has made a will, 
and has never undergone a capitis diminutio, it does 
not appear that the bonorum possessio can be grant- 
ed in pursuance of such will according to the prae- 
tor's edict ; for if it could, the edict must give the 
possessio in respect of the wills of servi, exules, 
and pueri." Cicero means to say that if a woman 
made a will without having sustained a capitis dim- 
inutio, the will could have no effect at all ; and he 
derives his argument " ab adjunctis," for if such a 
will could have any effect, then the wills of other 
persons, who had not the testamentifactio, might 
be effectual so far as to give the bonorum possessio. 
It is not a logical inference from the language of 
Cicero that a woman who had sustained a capitis 
diminutio could make a will ; but this is the ordi- 
nary meaning of such language, and it appears to 
be his. Consistently with this, Ulpian says. 3 " wom- 
en, after their twelfth year, can make a will with 
the auctoritas of a tutor, so long as they are in tu- 
tela ;" and the comment of Boethius on the passage 
of the Topica clearly shows that he understood it 
in this way. A woman, then, could make a will 
with the auctoritas of her tutor, and not without. 
Now if a woman was in tutela legitima, it might be 
correctly said that she could not make a will ; for 
if she was ingenua, the tutela belonged of right to 
the agnati and gentiles, and if she was a liberta, it 
belonged to the patron. In these cases a woman 
could indeed make a valid will with the consent of 



1. (TJlp., Frag., tit. 20, s. 13.) - 2. (Top., 4.) — 2 ,'tfVarr., tu. 
20, s. 15.) 



I EST AMENTUM. 



TESTAMENTLTM. 



ner tutores, but, as her tutores were her heirs in 
case of intestacy, such consent would seldom be 
given ; and though a woman under such circum- 
stances might be allowed to make a will, it may be 
assumed that it was a circumstance altogether un- 
usual, and thus the rule as to a woman in tutela 
legitima, as above stated, might be laid down as 
generally true. The passage of Cicero, therefore, 
does not apply to the tutela legitima, but to some- 
thing else. Since the discovery of the Institutes 
of Gaius the difficulty has been cleared up, though 
it had been solved in a satisfactory manner by Sa- 
tigny before the publication of Gaius. 1 

A woman could make a " coemptio flduciae causa" 
in order to qualify herself to make a will ; for " at 
that time women had not the power of making a 
will, except certain persons, unless they made a 
coemptio, and were remancipated and manumitted ; 
but, on the recommendation of Hadrian, the senate 
made the ceremony of coemptio unnecessary for 
this purpose." 2 The coemptio was accompanied 
with a capitis diminutio, and this is what Cicero 
alludes to in the passage of the Topica. ( Vid. Mar- 
riage, Roman.) A woman who came in manum 
viri had sustained a capitis diminutio, but it must 
not be inferred from this that if she became a widow 
she could make a will. The capitis diminutio of 
Cicero means that the will must be made with the 
auctoritas of a tutor. Now if the husband died 
when the wife had been m manu, and he appointed 
no tutor for her, she wi»5 in the legitima tutela of 
her nearest agnati, who would be her own children 
and step-children, if she had any. But the tutela 
legitima in such a case would seem something un- 
natural, and, accordingly, the magistratus would 
give a tutor to the woman ; and such a tutor, as he 
aad no interest in the woman's property, could not 
prevent her from making a will. The husband 
might, by his will, givejthe wife a power to choose a 
tutor (tutoris optio), and such a tutor could not re- 
fuse his consent to the woman making a will ; for, 
instead of the woman being in the potestas of the 
tutor, he was in the potestas of the woman, so far 
as to be bound to assent to her testamentary dis- 
positions. 3 

The case of Silius* may be a case of a woman's 
making a will without the auctoritas of a tutor, for 
it appears that a wom?.zi (Purpilia) had disposed of 
property by will, and Sortrus Sulpicius was of opin- 
ion that this was not a valid will, because the will- 
maker had not the testamentifactio. There may, 
however, have been other reasons why the will- 
maker had not the testamentifactio than the want 
of a capitis diminutio (in the sense of Cicero 5 ), and, 
consequently, the opinion of those critics who refer 
the case mentioned in this letter to the principle of 
the capitis diminutio is not a certain truth. 

The following references may be consulted as to 
this matter : Cic, Pro Ccecin., 6, 25 ; Pro Flac, 35 ; 
Pro Muren., 12 ; ad Att., TIL, 8. — Liv., xxxix., 19. 
— Gaius, i., 150, &e. 

Libertae couJd not make a testament without the 
auctoritas of their patronus, except so far as this 
rule was altered by enactments, for they were in 
the legitima tutela of their patronus. Libertae who 
had a certain number of children could make a will 
.vithout the auctoritas of their patronus. (Vid. 
Patxonus.) 

The vestal virgins had no tutor, and yet they 
could make a testament. The Twelve Tables re- 
leased them from all tutela "hi honorem sacer- 
iolii."* 



1. (Beytragzur Gesch. der Geschlecht., Zeitschrift, vol. iii., p. 
328.)— 2. (Gaius, 115, a.)— 3. (Comp. Liv., xxxix., 19, and Cic, 
Pro Mureu., c. 17.— Gaius, i., 150.) — 4. (Cic. ad Div., vii., 21.) 
-5. (Top., 4.)— 6. (Cic. De Rep., iii.. 10.— Gaius, i.. 145.) 



In order to constitute a valid will, it was neces 
sary that a heres should be instituted, which migh 
be done in such terms as follow : Titius heres esto> 
Titium heredcm esse jubeo. (Vid. Heres, Roman, p 
497.) 

All persons who had the commercium could be 
heredes ; slaves also, and others who were not sui 
juris, could be made heredes. ( Vid. Heres ; Servu?, 
Roman, p. 883.) But there were many classes of 
persons who could not be heredes : Peregrini, who 
had not received the commercium : persons who 
were imperfectly described : juristical persons or 
universitates, except by their liberti, a privilege 
granted by a senatus consultum ; gods, or the tem- 
ples of gods, except such as were excepted by a 
senatus consultum and imperial constitutions, such 
as Jupiter Tarpeius, Apollo Didymaeus, Mars in 
Gallia, Minerva Iliensis, Hercules Gaditanus, and 
others enumerated by Ulpian r 1 a postumus alienus 
could not be made a heres, for he was an incerta 
persona : it is a disputed question whether, ac- 
cording to the old law, women could be made 
heredes ; but the question concerns only those 
who were sui juris, as to whom there seems no 
sufficient reason why they could not be made here- 
des ; the capacity of women to take under a will 
was limited by the Voconia Lex : unmarried per- 
sons, and persons who had no children, were limited 
as to their capacity to take under a will by the Papia 
Poppaea Lex. (Vid. Julia Lex et Papia Popp^ea.) 

The first question as to the validity of a will was 
the capacity of the testator ; the next question was 
as to the proper observance of the forms required 
by law, " except in the case of soldiers, who, in 
consideration of their little acquaintance with such 
matters, were allowed to make their wills as thev 
pleased or as they could." 3 This remark of Gaius 
seems to refer to the imperial period. 

As to the form of wills, Gaius 3 and Ulpian* are 
now the best authorities. 

Originally there were two modes of making wills 
for people made their wills either at calata comitia, 
which were appointed twice a year for the making 
of wills, or they made wills in procinctu, that is. 
when they were going to battle, for an army in 
movement and under arms is procinctus. A third 
mode of making wills was introduced, which was 
effected per as et libram, whence the name of tes- 
tamentum per aes et libram. If a man had neither 
made his will in calata comitia nor in procinctu, 
and was in imminent danger of death, he would 
mancipate (mancipio dabat) his familia, that is, his 
patrimonium, to a friend, and would tell him what 
he wished to be given to each after his death. The 
old form of making a will per aes et libram was this : 
The families emtor, that is, the person who received 
the familia by mancipation, filled the place of heres, 
and, accordingly, the testator instructed him what 
he wished to be given to each after his death. In 
the time of Gaius the practice was different. One 
person was instituted heres (heres testamento insti- 
tuitur), who was charged with the payment of the 
legacies, or, as it is expressed in the phraseology 
of the Roman law, " a quo etiam legata rclinqucban- 
tur ;" and another person was present as familiae 
emtor, from a regard to the old legal form. The 
mode of proceeding was this : The testator, after 
having written his will (tabula testamenti), called 
together five witnesses, who were Roman citizens 
and puberes, and a libripens, as in the case of other 
mancipationes, and mancipated his familia to some 
person in compliance with legal forms (did* causa) 
The words of the familiae emtor show clearly the 
original nature of the transaction : " Familiam pe- 



1. (Frag., tit. 22, s. 6.)— 2. (Gaius, ii., 114.)— 3. (ii., 101.)- 
(Fnuj., tit. xx.) 

Q61 



TESTAMENTUM. 



TESTAMENTUM 



Litniamque tuam endo mandatam tulelam custodelam- 
que mean recipio eaque quo tu jure testamentum facere 
possis secundum legem publicam hoc <&re {aneaque 
libra) esto mihi emta." The emtor then struck the 
scales with a piece of money, which he gave to the 
testator as the price of the familia. Then the tes- 
tator, taking the will in his hand, said : " Hcec ita ut 
in his tabulis cerisque (or cerisve) scripta sunt ita do ita 
lego ita testor itaque vos Quirites testimonium mihi per- 
hibetote." This was called the nuncupatio or pub- 
lishing of the will ; in other words, the testator's 
general confirmation of all that he had written in 
his will. 

As the familiae emtio was supposed to be a real 
transaction between the emtor and the testator, the 
testimony of their several families was excluded, 
and, consequently, a person who was in the power 
of the familiae emtor, or in the power of the testa- 
tor, could not be a witness. If a man who was in 
the power of another was the familiae emtor, it fol- 
lowed that his father could not be a witness, nor his 
brother, if the brother was in the power of the 
father. A filiusfamilias who, after his missio, dis- 
posed of his castrense peculium by testament, could 
not have his father as witness, nor any one who 
was in the power of his father. The same rules 
applied to the libripens, for he was a witness. A 
person who was in the power of the heres or of a 
legatee, or in whose power the heres or legatee 
was, or who was in the power of the same person 
as the heres or a legatee, and also the heres or a 
legatee, could all be witnesses ; for, as Ulpian ob- 
serves, there is no objection to any number of wit- 
nesses from the same family. But Gaius observes 
that this ought not to be considered as law with re- 
spect to the heres, and him who is in the power of 
the heres, and him in whose power the heres is. 

According to Gaius, wills were originally made 
only at calata comitia and in procinctu. The 
comitia were held twice a year for the purpose of 
making wills, and a will not made there was in- 
valid. It is sometimes assumed that these comitia 
were held in order that the gentes might consent 
to the testamentary disposition, in which it is im- 
plied that they might refuse their consent. But 
there is no direct evidence for this opinion, and it 
derives no support from a consideration of the 
mode of disposing of property per ass et libram. 
The form per aes et libram was a form introduced 
in cases when the will had not been made at the 
calata comitia nor in procinctu. It had effect be- 
cause it was an alienation of property inter vivos 
without the consent of any parties except the buyer 
and seller, which alienation must be assumed to 
have been a legal transaction at the time when this 
new form of will was introduced. This new form 
was a sale, and the familiae emtor undertook a 
trust : he resembled the heres fiduciarius of later 
rtimes. It is probable enough that there were ori- 
ginally no means of compelling him to execute the 
[trust, but opinion would be a sufficient guarantee 
that the testator's will would be observed, and thus 
iwould arise one of those parts of law which had its 
source in Mos. Now when the Romans introduced 
j aaew legal forms, they always assimilated them to 
<ald forms, whence we have a probable conclusion 
ihat the form of mancipatio was also observed at 
the calata comitia ; and if so, the consent of the 
gentes was not necessary, unless it was necessary 
to. eyery alienation of property, which in the absence 
of -evidence must not be assumed, though such may 
have been the fact. The difference, then, between 
the will made at the calata comitia and the will 
per aes et libram, consisted in the greater solemnity 
and notoriety of the former, and the consequent 
greater security that th ? testator's intentions would 
962 



be obsei ved. Written wills are not spokei ol with 
reference to this time, nor is it probable ti at wills 
were written : it does not appear that a wr. tten v 'V 
was ever required by law. The testator's dispo-i 
tion of his property would be short and simple ii 
those early times, and easily remembered ; but 
there would be greater security for an unwritten 
will made at the comitia than for an unwritten will 
made per aes et libram ; whence, in course of time, 
tabulae became a usual part of the ceremony of a 
will. 

As we are ignorant of the true nature of private 
property among the Romans, viewed with respect 
to its historical origin, we cannot determine with 
certainty such questions as these respecting testa- 
mentary disposition, but it is of some importance 
to exclude conjectures which are devoid of all evi- 
dence. Rein 1 has referred to the modern writers 
who have discussed this subject : he has adopted 
the opinion of Niebuhr, according to which, " as the 
property of an extinct house escheated to the cury, 
that of an extinct cury to the publicum of the citi- 
zens at large, the consent of the whole populus was 
requisite ; and this is the origin of the rule that 
testaments were to be made in the presence of the 
pontiff and the curies." 4 But there is no evidence 
of the assertion contained in the first part of this 
passage ; and if this rule as to escheat is admitted 
to be a fact, the rule that testaments must be con- 
firmed by the pontiff and curies is no necessary 
conclusion. Niebuhr farther observes that " the 
plebeian houses were not so connected, but the 
whole order had a public coffer in the Temple of 
Ceres ; and when the army, being assembled in 
centuries, either on the field of Mars or before a 
battle, passed the last will of a soldier into a law, 
it thereby resigned the claims of the whole body to 
the property." This assertion, also, is not supported 
by evidence, and is therefore a mere conjecture, 
against the probability of which there are sufficient 
reasons. 

The testamentum in procinctu is, for anything 
we know to the contrary, as old as the testament 
at the calata comitia. In this case the forms of 
the calata comitia were of necessity dispensed 
with, or the soldier would often have died intestate. 
This power of disposition in the case of a testa- 
mentum in procinctu could not depend on the con 
sent of the whole populus in each particular in 
stance, for the nature of the circumstances ex 
eluded such consent. He had, therefore, full power 
of disposition in procinctu, a circumstance which 
leads to the probable conclusion that the will made 
at the calata comitia differed only from the other 
will in its forms and not in its substance. Some 
writers assert that the testamentum in procinctu 
could only be made after the auspices were taken, 
which gave the testament the religious sanction, 
and that, when the auspices ceased to be taken in 
the field, this kind of testament ceased to be made ; 
and that the military testaments mentioned about 
the latter part of the Republic (as by Caesar 3 ) were 
not the same kind of testaments, but purely mili- 
tary testaments made without any form, which in 
the imperial period became in common use, and of 
which J. Caesar probably introduced the practice.* 
Cicero, however, speaks of the will in procinctu* as 
then in use, and he describes it as made " sine libra 
et tabulis," that is, without the forms which were 
used after the introduction of the testamentum per 
aes et libram. Thus the testamentum in procinctu 
always retained its characteristic of being exempted 
from legal forms, but as to the capacity of the testa 

1. (Da» Rom. Privatrecht, p. 373, note.) — 2. (Hist, of Rome, 
ii., p. 338.) — 3. (Bell. Gall., i., 39.— Veil. Patera, ii., 5, &c.)- 
4. (Dig. 29, t : t I : De Testamento Militis.)- --5. (De Or,i., 55. > 






TESTAMENTUM. 



TESTAMENTUM. 



to/, it was always subject to the same rules of law 
as other wills, so far as we know. 

The form of mancipatio owed its origin to positive 
enactments (vid. Usucapion) : it was a form of alien- 
ation accompanied with certain public ceremonies, 
the presumed object of which was to secure evidence 
of the transfer. The form of mancipatio as applied 
to a will was exactly the same form as mancipatio 
applied to any other purpose : it was an alienation 
of the property, and, according to strict principles, it 
must have been irrevocable. It is sometimes as- 
sumed that the five witnesses to the testament {ci- 
tes Romam pubcres) were representatives of the five 
classes of Servius Tullus. If this is true (which is 
a mere assumption), the classes wexe represented as 
witnesses only, not as persons wno gave their con- 
sent to the act. Engelbach states : " Mancipation 
was originally a formal sale, in which the publicness 
of the transaction constituted the essential charac- 
teristic. When the seller had transferred to the 
buyer the ownership of a thing before the five rep- 
resentatives of the five classes of the Roman peo- 
ple, this was as valid as any other lex which was 
wrought before the assembly of the people and pass- 
ed into a lex." 1 The whole meaning of this is not 
clear, but so far as this it is clear and true : the 
lestamentum per aes et libram differed in no respects 
as to the capacity of the alienor from any other 
mancipation. Now we must either suppose that 
the assumed consent of the populus to the testa- 
mentary disposition at the calata comitia was ex- 
pressed by a special enactment, which should trans- 
fer the property according to the testator's wish, or 
that the consent only must have been given to the 
transfer, and the transfer must have been made in 
the usual way : the latter is the only conceivable 
case of the two. In assuming this original neces- 
sity of consent on the part of the populus to the 
testamentary disposition, we assume that Roman 
property was originally inalienable at the will of the 
owner. This may be true, but it is not yet shown 
to be so. 

The Twelve Tables recognise a man's power to 
dispose of his property by will as he pleased : " Uti 
legassit super pecunia tutelave sua rei ita jus esto." 2 
It is generally admitted, and the extant passages are 
consistent with the opinion, that the new testa- 
mentary form per aes et libram existed while the 
two original forms were still in use. Now in the 
testamentum per aes et libram there is no pretence 
for saying that any consent was required except 
that of the buyer and seller ; and the Twelve Tables 
recognise the testator's power of disposition. If, 
then, the form of testament at the comitia calata sub- 
sisted after the Twelve Tables, we have, according 
to the views of some writers, a form of testamentum 
to which the consent of the testator was sufficient, 
and another form in which it was not. There still 
remains to those who support this opinion the pow- 
er of saying that the consent of the sovereign people 
had become a form, and therefore it was indifferent, 
so far as concerns this consent, whether the will 
was made at the comitia, where it would be fully 
witnessed, or per aes et libram, where it would be 
witnessed by the five representatives. But it is 
easy to suggest possibilities ; less easy to weigh ev- 
idence accurately, and to deduce its legitimate con- 
sequences. 

As already observed, there seems to have been 
no rule of law that a testament must be written. 
The mancipatio required no WTiting, nor did the in- 
stitution of a heres, and the number of witnesses 
were probably required in order to secure evidence 
of the testator's intentions. Thus it is said 3 that 

I. (Ueber die Usucapion zur Zeit der Zwolf Tafeln, p. 80.)— 
2 (T'lp., Fiag.. tit. xi., 14.)- 3. (Dig. 28, tit. 1, s. 21.) 



the heres /night either be made by oral declaration 
(nuncupatio) or by writing. Written wills, however, 
were the common form among the Romans, at least 
in the later republican and in the imperial periods. 
They were written on tablets of wood or wax, 
whence the word " cera" is often used as equiva- 
lent to " tabella ;" and the expressions prima, se- 
cunda cera, are equivalent to prima, secunda pagina 
The will might be written either by the testator 01 
any other person with his consent, and sometimes 
it was made with the advice of a lawyer. It was 
written in the Latin language until AD. 439, when 
it was enacted that wills might be in Greek. 1 By 
the old law, a legacy could not be given in the Greek 
language, though a fideicommissum could be so giv- 
en. It does not appear that there was originally 
any signature by the witnesses. The will was seal- 
ed, but this might be done by the testator in secret, 
for it was not necessary that the witnesses should 
know the contents of the will; they were witnesses 
to the formal act of mancipatio, and to the testator's 
declaration that the tabulae which he held in his 
hand contained his last will. It must, however, 
have been in some way so marked as to be recog- 
nised, and the practice of the witnesses (testes) seal- 
ing and signing the will became common. It was 
necessary for the witnesses both to seal (signare), 
that is, to make a mark with a ring (annulus) or 
something else on the wax, and to add their names 
(adscribere). The five witnesses signed their names 
with their own hand, and their subscription also de- 
clared whose will it was that they sealed. 2 The 
seals and subscriptions appear to have been on the 
outside. A senatus consultum, which applied to 
wills among other instruments, enacted that they 
should be witnessed and signed as follows : They 
were to be tied with a triple thread (linum) on the 
upper part of the margin, which was to be perfora- 
ted at the middle part, and the wax was to be put 
over the thread and sealed. Tabulae which were 
produced in any other way had no validity. (Com- 
pare Paulus, 3 where impositae seems to be the true 
reading, with Suetonius.*) A man might make sev- 
eral copies of his will, which was sometimes done 
for the sake of caution. 5 When sealed, it was de- 
posited with some friend, or in a temple, or with 
the vestal virgins ; and after the testator's death it 
was opened (resignare) in due form. The witnesses 
or the major part were present, and after they had 
acknowledged their signatures, the thread (linum) 
was broken, and the will was opened and read, and 
a copy was made ; the original was then sealed 
with the public seal, and placed in the archium, 
whence a fresh copy could be got if the first copy 
should ever be lost. 6 This practice, described by 
Paulus, may have been of considerable antiquity. 
The will of Augustus, which had been deposited 
with the vestal virgins, was brought into the senate 
after his death : none of the witnesses were admit- 
ted except those of senatorian rank ; the rest of the 
witnesses acknowledged their signatures outside of 
the curia. 7 

A curious passage in a Novel of Theodosius II. 
(A D. 439, Be Testamentis) states the old practice 
as to the signature of the witnesses. " In ancient 
times a testator showed (offerebat) his written tes- 
tament to the witnesses, and asked them to bear 
testimony that the will had so been shown to thera 
(oblalarum tabularum perhibere testimonium)," which 
are almost the words of Gaius. The Novel goes on 
to state that the ignorant presumption of posterity 
had changed the cautious rule of the ancient law, 
and the witnesses were required to know the con- 

1. (Cod., vi., tit. 23, s. 21.)— 2. (Dig. 28, tit. 1, s. 30.)— 3. (S. 
R., tit. 25, s. 6.)— 4. (Ner., 17.)— 5 (Suet Tib., 76.)— G. (Pa* 
lus, iv., 6.)— 7. (Suet., Tib., 23.) 

963 



TESTAMENTUM 



TESTAMENTUM. 



tents of the will ; the consequence of which was, 
that many persons preferred dying intestate to let- 
ting the contents of their wills be known. The 
Novel enacted what we may presume to have been 
the old usage, that the testator might produce his 
will sealed, or tied up, or only closed, and offer it to 
seven witnesses, Roman citizens and puberes, for 
their sealing and subscription, provided at the same 
time he declared, the instrument to be his will, and 
signed it in their presence, and then the witnesses 
affixed their seals and signatures at the same time 
also. 

A fragment of a Roman will, belonging to the time 
of Trajan, was published by Pugge in the Rheinisches 
Museum. 1 

The penalties against fraud in the case of wills 
and other instruments were fixed by the lex Corne- 
lia. (Vid. Falsum.) 

The Edict established a less formal kind of will, 
since it acknowledged the validity of a will when 
there had been no mancipatio, provided there were 
seven witnesses and seven seals, and the testator 
had the testamentifactio at the time of making the 
will and at the time of his death. 2 The terms of 
the edict are given by Cicero. 3 The Edict only 
gave the bonorum possessio, which is the sense of 
hereditas in the passage of Cicero referred to, as 
well as in Gaius.* This so-called praetorian testa- 
ment existed in the republican period, and for a 
long time after. Thus a man had his choice be- 
tween two forms of making his will ; the civil form 
by mancipatio, and the praetorian with seven seals 
and seven witnesses, and without mancipatio. 5 

The praetorian testament prepared the way for 
the abolition of mancipatio, the essential character 
of a will made according to the jus civile, and in 
the legislation of Justinian the form of making a 
testament was simplified. It required seven male 
witnesses of competent age and legal capacity, and 
the act must be done in the presence of all, at the 
same place, and at the same time, that is, it must 
be continuous. The testator might declare his last 
will orally ( sine serif tis ) before seven witnesses, 
and this was a good will. If it was a written will, 
the testator acknowledged it before the witnesses 
as his last will, and put his name to it, and the wit- 
nesses then subscribed their names and affixed their 
seals. The testator might write his will or have it 
written by another person, but such other person 
could derive no advantage under the will. {Vid. 
Senatus Consultum Libonianum.) 

The cases in which a will was not valid, because 
the heredes sui were not expressly exheredated, are 
stated in Heres (Roman). 

A testament which was invalid from the first was 
injustum, and never could become valid : it was non 
jure factum when the proper forms had not been 
observed ; it was nullius momenti, as in the case of 
a filiusfamilias who is " praeteritus." A testament- 
um justum might become either ruptum or irritum 
in consequence of subsequent events.' 

A testament became ruptum if the testator made 
a subsequent testament in due form as required by 
law : and it made no matter whether or not there 
turned out to be a heres under the second will ; the 
only question was whether there could have been 
one. If, then, the heres named in the second will 
refused the hereditas, or died either in the lifetime 
of the testator, or after his death, and before the 
cretio, or failed to comply with the conditions of the 
will, or lost the hereditas under the lex Julia et 
Papia Poppaea — in all these cases the paterfamilias 
died intestate. 

1. (i., 249, &c.)— 2. (Gaius, ii., 147.)— 3. (in Verr., c. i., 45.) 
—4. (ii., 119.)— 5. (Savigny, Beytrag zur Gesch. der Rom. Tes- 
tam., Zeitschrift, i., 78.)— 6. 'Dig. 28, tit. 3, s. 1.) 
064 



A valid will became irritum if the testator sus 
tained a capitis diminutio after the date of the will 
or if it failed of effect because there was no heres 
Thus a prior will which was invalidated by a subse- 
quent will was ruptum ; and if there was no herea 
under the subsequent \rill, such will was irritum. 

If a man who had made a will was taken prison- 
er by the enemy, his will was good jure postliminii 
if he returned home ; if he died in captivity, it was 
made as valid by the lex Cornelia as if he had not 
been a captive. 

Though a will might be ruptum or irritum by the 
jus civile, it was not always without effect ; for the 
bonorum possessio secundum tabulas might be had 
by the scriptus heres, if the will was witnessed by 
seven witnesses, and if the testator had the testa- 
mentifactio. The distinction between the case of 
a will which was invalid jure civili for want of due 
forms, and one which was invalid for want of legal 
capacity to dispose of property by will, was well rec- 
ognised in the time of Cicero. A will also became 
ruptum by adgnatio, that is, if a suus heres was 
born after the making of the will, who was not ei- 
ther instituted heres, or exheredated as the law re- 
quired. A quasi adgnatio also arose by adoption, 
or by the in manum conventio, or by succession to 
the place of a suus heres, as in the instance of a 
grandson becoming a suus heres in consequence of 
the death or the emancipation of a son : a will also 
became ruptum by the manumission of a son, that 
is, where the son, after a first and second mancipa- 
tion, returned into the power of his father. (Fz'rf. 
Emancipatio.) 

A testament was called inofficiosum which was 
made in legal form, " sed non ex officio pietatis." 
For instance, if a man had exheredated his own 
children, or passed over his parents, or brothers or 
sisters, the will was in form a good will, but if there 
was no sufficient reason for this exheredation or 
praeterition, the persons aggrieved might have an 
inofficiosi querela. The ground of the complaint 
was the allegation that the testator was " non soma 
mentis" so as to have capacity to make a will. It 
was not alleged that he was furiosus or demens, 
for these were technical words which implied com- 
plete legal incapacity. The distinction was a fine 
one, and worthy of the subtlety of the jurists, to 
whom it may be presumed to owe its origin. By 
the legislation of Justinian, no person could main- 
tain a querela inofficiosi beyond the degree of broth- 
ers and sisters ; and brothers and sisters coulc. 
only maintain their claim against " scripti heredes" 
who were " turpes personce." The complaint also 
could only be maintained in cases where the com- 
plaining parties had no other right or means of re- 
dress. If any portion, however small, was left by 
the will to the complaining party, he could not main 
tain a querela inofficiosi, and he was only entitled 
to so much as would make up his proper share. If 
the judex declared the testamentum to be inofficio- 
sum, it was rescinded ; but if there were several 
heredes, the testament would only be rescinded a? 
to him or them against whose institution the judex 
had pronounced. The portion of an hereditas 
which might be claimed by the querela inofficiosi 
was one fourth, which was divided among the 
claimants pro rata. 2 

The querela inofficiosi is explained by Savigny 
with his usual perspicuity. 3 When a testator pass- 
ed over in his will any of his nearest kinsfolks, 
who in the case of intestacy would be his heredes, 
this gave rise to the opinion that the person thus 
passed over had merited this mark of the testator's 
disapprobation. If this opinion was unfounded, the 



1. (Top., 11.)— 2. (Plin., Ep., v., 1.— Inst., ii., tit. 18.— Dijr 
5, tit. 9 : Tie Innfficioso Testamento.) — 3. (System, &c, ii , J27 



TESTAMENT!^. 



TESTU UU 



lestator had done an unmerited injury to the person, 
and his remedy was by getting the will set aside, 
as made under the influence of passion. If the will 
was set aside, the testator was thereby declared to 
fcave died intestate, and the complainant obtained 
tfie hereditas which was the immediate object of 
•he querela, or his share of it. But the ultimate 
object of the querela was the public re-establish- 
nent of the injured honour of the complainant, 
tfho in this action appeared in a hostile position 
<vith respect to the testator who had brought his 
lharacter in question. Consequently, this action 
aad for its ultimate object vindicta, and the pecu- 
/iarity of the action consisted in the difference be- 
tween this ultimate object of the action and the 
immediate object of it (property), which was mere- 
'y a means to the ultimate object. ( Vid. Vindicta.) 

Tnere is no evidence to show when the querela 
inofficiosi was introduced as a mode of setting aside 
a will. The phrase testamentum inofficiosum oc- 
curs in Cicero and in Quintilian. 1 

Codicilli were an informal will : they may be de- 
fined to be a testamentary disposition of such a 
kind which does not allow the direct appointment 
or exheredation of a heres, even though the codi- 
cilli are confirmed by a testament ; but he who was 
appointed heres by a testament might be request- 
ed by codicilli to give the hereditas to another alto- 
gether or in part, even though the codicilli were not 
confirmed by a testament. A legacy could not be 
given by codicilli unless the codicilli were con- 
firmed by a will ; and this must be the case to 
which Pliny refers. 2 Acilianus had made Pliny 
• heres ex parte" but he had also made codicilli in 
his own handwriting, which, as Pliny alleges, were 
void (pro non scrytis habendi), because they were 
not confirmed by the will. Now, as already ob- 
served, it appears from Gaius 3 that a person who 
was appointed heres by a will might be required 
jy codicilli to give the whole hereditas or a part to 
mother, even though the codicilli were not confirm- 
ed by a will. But Pliny is speaking of codicilli 
which were void for want of a testamentary con- 
irmation ; and this, as we learn from Gaius, is the 
;ase of a legacy given by codicilli which have not 
been confirmed by a will. This confirmation might 
oe either prospective or retrospective (si in testa- 
mento caverit testator, ut quidquid in codicillis scrip- 
terit, id ratum sit ;* quos novissimos fccero s ). This 
passage of Pliny, as to the confirmation of codicilli 
by a testament, has sometimes been misunder- 
stood. It is stated, 6 " Conficiuntur codicilli quatuor 
tnodis : aut enim in futurum confirmantur aut in prcz- 
terilum, aut per fideicommissum testamento facto aut 
sine testamento." These four modes are referred 
to in Gaius : the first two are contained in the 
words above quoted, " si in testamento" &c. : the 
third is the case of the heres institutus being re- 
quired to give the hereditas to another person by 
codicilli non confirmati ; and the fourth is the case 
of a fideicommissum given by codicilli of a person 
who made no other testamentary disposition. It 
was a rule of law that codicilli, when duly made, 
were to be considered (except in a few cases) as 
incorporated in the will at the time when the will 
was made, a principle which led to various legal 
conclusions, which the Roman jurists deduced with 
their usual precision. 7 

Originally there was probably no particular form 
required for codicilli ; but there must have been 
evidence of their containing the testator's inten- 
sion. Subsequently witnesses ware required, and 
five witnesses were sufficient for codicilli made in 

1. (Inst. Or., ix., 2.)— 2. (Ep., ii.. 16.) — 3. (ii.. 273.)— 4. 
(Gams, u., 270.)— 5. (Dig. 29, tit. 7, 8 8.;— 6 (Id. lb.)— 7. (Dig. 
27, tit. 7, s. 2.) 



writing, if the witnesses subscribed thei; names to 
the codicilli. 1 But a man could, without writing 
and in the presence of five witnesses, impose a 
fideicommissum on his heres. A testament which 
was defective as such, might be effectual as codi- 
cilli. The power to make codicilli was the same 
as the power to make a testament. 2 

The subject of Roman testaments can only bo 
satisfactorily expounded in a large treatise, and it 
would require to be treated historically. The pre- 
ceding sketch may be useful, and generally true, 
and it affects to be nothing more. 

TESTIS. (Vid. Oath, Roman, p. 670.) 
TESTU'DO (x&uvn), a Tortoise, was the name 
given to several other objects. 

1 . To the Lyra, because it was sometimes made 
of a tortoise-shell. (Vid. Lyra.) 

2. To an arched or vaulted roof. 3 (Vid. Tem- 
plum, p. 959.) Thus, in a Roman house, when the 
cavum aedium was roofed all over, and had no 
opening or compluvium in the centre, the cavum 
aedium was called testudo.* (Vid. House, Roman, 
p. 516, 517.) 

3. To a military machine moving upon wheels 
and roofed over, used in besieging cities, under 
which the soldiers worked in undermining the 
walls, or otherwise destroying them. 5 It was usual- 
ly covered with raw hides or other materials which 
could not easily be set on fire. The battering-ram 
(vid. Aries) was frequently placed under a testudo 
of this kind, which was then called Testudo arieta- 
ria. 6 Vitruvius also mentions and explains the 
construction of several other military machines to 
which the name of testudines was given. 7 

4. The name of testudo was also applied to the 
covering made by a close body of soldiers, who 
placed their shields over their heads to secure 
themselves against the darts of the enemy. Th« 
shields fitted so closely together as to present one 
unbroken surface, without any interstices betweer 
them, and were also so firm that men could wall 
upon them, and even horses and chariots be driver 
over them. 8 A testudo was formed (testudinem fa 
cere) either in battle, to ward off the arrows and 
other missiles of the enemy, or, which was more 
frequently the case, to form a protection to the sol- 
diers when they advanced to the walls or gates of 
a town for the purpose of attacking them. 9 (S?e 




1. (Cod., vi., tit. 36.)— 2. (Dig. 29, tit. 7 : De Ju.e Codicil!* 
rum.)— 3. (Virg., JEn., i., 505.- Cic, Brut., 22.)— 4. (Varr., i. 
L., v., 161, ed. Muller.) — 5. (C*s., B. G., v., 42, 43.— B. C, ii., 
2.)— 6. (Vitruv.,x., 19, p. 322, Bip.)— 7. (x., 20, 21.— Compare 
Polyb., ix.,41.)— 8. (Dion Cass., xlix., 30.) — 9. (Dion Ca*s. 1 
c— Liv., x., 43,-Cics., B. G., ii., 6.— Sail., Jug., 94.) 

9fi5 



TETTIGOMETRA. 



I HARGELIA. 



preceding cu , taken from the Antonine column.) 
Sometimes the shields were disposed in such a way 
as to make the testudo slope. The soldiers in the 
first line stood upright, those in the second stooped 
a little, and each line successively was a little low- 
er than the preceding down to the last, where the 
soldiers rested on or.e knee. Such a disposition 
of the shields was called Fastigata testudo, on ac- 
count of their sloping like the roof of a building. 
The advantages of this plan were obvious : the 
stones and missiles thrown upon the shields rolled 
off them like water from a roof; besides which, 
other soldiers frequently advanced upon them to 
attack the enemy upon the walls. The Romans 
were accustomed to form this kind of testudo, as 
an exercise, in the games of the circus. 1 

*II. (x&v? and x? huvrj), the Tortoise or Testudo. 
" The Greek writers describe several species of 
both the Land and Sea Tortoise. Of the sea-turtle, 
they were, of course, best acquainted with those 
species which are found in the Mediterranean. 
iElian, however, also makes mention of the Indian. 
The species which the ancients may be supposed 
to have known most familiarly are the Testudo lyra, 
T. Grceca, and T. geometrica. (On the use of the 
turtle by the ancients as an article of food, con- 
sult Schweighaeuser, Ad Athen., viii., 7. — Geener, 
De Aquat. — Actuanus, lib. iv. ; and Zenobius, Cent., 
iv., 13.) The epve. is the Speckled Tortoise, or Emys 
Europ^a." 2 

TETRADRAOHMUM. (Vid. Drachma.) 
TETRARCHES or TETRARCHA (rerpdpxvf)- 
This word was originally used, according to its 
etymological meaning, to signify the governor of 
the fourth part ol a country (rerpapxla or rerpadap- 
xla). We have an example in the ancient division 
of Thessaly into tour tetrarchies, which was revi- 
ved by Philip. 3 {Vid. Tagos.) Each of the three 
Gallic tribes which settled in Galatia was divided 
into four tetrarchies, each ruled by a tetrarch. 4 
This arrangement subsisted till the latter times of 
the Roman Republic, 6 but at last the twelve te- 
trarchs of Gallo-Grascia were reduced to one, name- 
ly, Deiotarus. 6 Some of the tribes of Syria were 
ruled by tetrarchs, and several of the princes of the 
house of Herod ruled in Palestine with this title. 7 
Niebuhr 8 remarks that the tetrarchs in Syria were 
zemindars, who occupied the rank of sovereigns, 
in the same way as the zemindars of Bengal suc- 
ceeded under Lord Cornwallis in getting them- 
selves recognised as dependant princes and abso- 
lute proprietors of the soil. 

In the later period of the Republic and under 
the Empire, the Romans seem to have used the 
title (as also those of etknarch and phylarch) to des- 
ignate those tributary princes who were not of 
sufficient importance to be called kings. 9 

*TETRIX (TETpitj, or -at;, or -auv), a bird noti- 
ced by Aristotle, and supposed to be the Otis Te- 
trax, or Little Bustard. 10 

TETRO'BOLUS. (Vid. Drachma.) 
TETTAPA'KONTA, 01. (Vid. Forty, The.) 
*TETTIGOME'TRA (rernyo^rpa), a term 
meaning literally " the mother of the Tettix," or 
Cicada. In reality, however, it indicates merely 

1 (Liv., xliv., 9.— Polyb., xxviii., 12.)— 2. (^Elian, N. A.,xiv., 
42, &c. — Adams, Append., s. v. %f'Au?.) — 3. (Harpocrat., s. v. 
Ttrpapxia.— Strabo, 430.— Demosth., Philipp., ii., p. 117. — Eu- 
rip., Alcest., 1154. — Thirlwall's Greece, vi., p. 13, 14.) — 4. 
(Strabo, 566, 567.— Plin., H. N., v., 42.) — 5. (Appian, Mithrid., 
46— Syr., 50.— Bell. Civ., iv., 86.) —6. (Liv., Epit., 94. — Cic, 
Pro Deiot., 15.— Hirtius, De Bell. Alex., 67.)— 7. (Plin., H. N., 
v., 16, 19. — Joseph., Antiq., xiv., 13, y i ; xvii., 8, y 1 : xi., 4, y 
18; xvii., 11, v 1 ; xi., 2, y 1.— Vit., 11.)— 8. (Hist, of Rome, ii., 
p. 135.)— 9. (Compare Lucan, vii., 227. — Sail., Cat., 20.— Cic, 
Pro Mil., 28 ; in Vatin., 12.— Hor., Sat., i.,3, 12.— Veil. Patera, 
ii., 51. — Tacit., Ann., xv., 25.) — 10. (Aristot., H. A., vi., 2.— 
Athen., ix. — Adams. At>oend., s. v.) 
966 



that intermediate condition of the nympt.,- prio te 
the development ot the organs of flight. 1 

*TETTIX (Tern?), the Cicada. ( Vid. JicADi ) 

♦TEUTHIS (revels), a species of cuttle-fish, tne 
Loligo parva of Rondelet. " Belon says its Italian 
name is Calamaro, and hence Holland, in his trans- 
lation of Pliny, calls it the Calamai y, which name 
of it is still retained." 2 

*TEUTHOS (revdog), a species ci cuttle-fish akin 
to the preceding. It is the Loligo magna of Ron- 
delet, or the Sepia loligo, L., called in English the 
Sleeve-fish. The late writers on Natural History 
give it the name of Loligo vulgaris.* 

*TEUTLOS (revrXoc, -ov, -iov, -ic, or oevrlov), 
the Beet, or Beta vulgaris. (Vid. Beta.) 

TEXTOR, TEXTRINUM. ( Vid. Tela, p. 953.) 

THALAMITOI, THALA'MIOI (dalaulroi, $a- 
Xd/uoi.) (Vid. Ships, p. 893.) 

*THALASSOCRAMBE (tiaXaoooKpapfy), called 
by Dioscorides KpduC-n d-aAaaaia, the Sea Kail, or 
Convolvulus soldanella.* 

*THALICTRON (MXinrpov), a plant, the Thalic- 
trum minus, or Lesser Meadow-rue. According to 
Hardouin, it is the. Thalictrum of Pliny. 5 

THALYSIA (■OaXvoia), a festival celebrated in 
honour of Dionysus and Demeter, 6 or, according 
to others, of Demeter alone, as it is described by 
Theocritus in his seventh idyl, and by the gram- 
marians wbn v/role the argumenta to the same. 
It was held in autumn, after the harvest, to thank 
the gods for the bene tits they had conferred upon 
men. 7 

*THAPSIA (&ail'ia\ a plant used to dye yellow, 
which some lexicographers make to be the Mullein, 
i. e., Verbascum tkapsus, or the Thapsiu villosa oi 
fcetida, L. Dierbach holds it to be a species of 
deadly carrot, Thapsia gar ganica; but Sprengel pre- 
fers the Thapsia aslcepium. Stackhouse is doubtful 
even as to that genus. '* It appears to me highly 
probable," says Adams, " that the Turbith of the 
Arabians is the Thapsia root of the Greeks." 8 

THARGE'LIA (dapyrjAia), a festival celebrated 
at Athens on the 6th and 7th of Thargelion, in hon- 
our of Apollo and Artemis, 9 or, according to the 
scholiast on Aristophanes, 10 in honour of Helios 
and the Horse ; the latter statement, however, is 
in substance the same as the former. The Apollc 
who was honoured by this festival was the Deli an 
Apollo. 11 

The real festival, or the Thargeha in a narrower 
sense of the word, appears to have taken place on 
the 7th, and on the preceding day the city of Ath- 
ens, or rather its inhabitants, were purified. 12 The 
manner in which this purification was effected is 
very extraordinary, and is certainly a remnant of 
very ancient rites, for two persons were put to 
death on that day, and the one died on behalf of 
the men, and the other on behalf of the women of 
Athens. The name by which these victims were 
designated was <papiianci: according to some ac- 
counts, both of them were men, but according to 
others, the one dying on behalf of the women was 
a woman, and the other a man. 13 On the day when 
the sacrifice was to be performed, the victims were 
led. out of the city to a place near the sea, with the 
accompaniment of a peculiar melody, called Kpadirjc 
vo/uoc, played on the flute. 14 The neck of the ore 

1. (Aristot., II. A., v., 24.— Adams, Append., s. v.) — 2. (Adams, 
Append., s. v.) — 3. (Adams, Append., s. v.) — 4. (Geopon., jrii., 
1. — Djoscor., ii., 148. — Adams, Append., s. v.) — 5. (Dioscor., 
iv., 96. — Plin., II. N.,xxvii., 112. — Adams, Append., s v.) — 6. 
(Menand. Rhet., quoted by Meursius.) — 7. (Spanheim ad Calli- 
mach., Hymn, in Cer., 20 and 137. — Wfistemann ad Theocrit., 
Idyll., vii., 3.)— 8. (Dioscor., iv., 154. — Theophr., H. P., ix., 9 
— Adams, Append., s. v.) — 9. (Etym. Mag. — Surlas, s. v. Qap 
yffKia.)— 10. (Equit.,1405.)— 11. (Athen., x., p. 424.)— 12. (Plut, 
Symp., viii., 1. — Diog. Laert., n., 44. — Harpocr., s. v <I>«p/*a«>«.; 
— 13. (Hesych., s. v. <i>ap/xaKoi.) — 14. (Hesyc\i., s v.) 






THEATRUM 



THEATKUM. 



who died for the men was surrounded with a gar- 
land of black figs, that of the other with a garland 
of white ones ; and while they were proceeding to 
the place of their destiny, they were beaten with 
rods of fig-wood, and figs and other things were 
thrown at them Cheese, figs, and cake were put 
into their hands that they might eat them. They 
were at last burned on a funeral pile made of wild 
.fig-wood, and their ashes were thrown into the sea 
and scattered to the winds. 1 Some writers main- 
tain, fiom a passage of Ammonius, 3 that they were 
thrown into the sea alive ; but this passage leaves 
the matter uncertain. We are not informed wheth- 
er this expiatory and purifying sacrifice was offered 
i*egularly every year, but from the name of the vic- 
tims (<pap/uiaKoi), as well as from the whole account 
of Tzetzes, which is founded on good authorities, 
it appears highly probable that this sacrifice only 
took place in case of a heavy calamity having be- 
fallen the city (voaovonc r?)f izoleuc), such as the 
plague, a famine, <&c. What persons were chosen 
as victims on such occasions is not mentioned, and 
we only learn from Suidas 3 that >,hey were kept at 
the public expense {6rjfj.oaia Tpe<j>6/.ievoi). But they 
were in all probability criminals sentenced to death, 
and who were kept by the state from the time of 
their condemnation to be sacrificed at the Tharge- 
lia. In the earlier times, however, they were not 
criminals, but either cripples,* or persons who of- 
fered to die voluntarily for the good of their coun- 
try. 5 

The second day of the Thargelia was solemnized 
with a procession and an agon, which consisted of a 
cyclic chorus performed by men at the expense of 
a choragus. 6 The prize of the victor in this agon 
was a tripod, which he had to dedicate in the Tem- 
ple of Apollo which had been built by Pisistratus. 7 
On this day it was customary for persons who were 
adopted into a family to be solemnly registered, and 
received into the genos and the phratria of the 
adoptive parents. This solemnity was the same as 
that of registering one's own children at the apa- 
turia. 8 ( Vid. Adoption, Greek.) 

Respecting the origin of the Thargelia there 
are two accounts. According to Istrus, 9 the <j>ap- 
uaaoi derived their name from one Pharmacus, 
who, having stolen the sacred vials of Apollo, and 
being caught in the act by the men of Achilles, 
was stoned to death, and this event was commem- 
ciated by the awful sacrifice at the Thargelia. 
Helladius, 10 on the other hand, states that at first 
these expiatory sacrifices were offered for the pur- 
pose of purifying the city of contagious diseases, 
as the Athenians, after the death of the Cretan 
Androgeus, were visited by the plague. 11 

THEA'TRUM {dearpov). The Athenians, before 
the time of ^Eschylus, had only a wooden scaffold- 
ing on which their dramas were performed. Such a 
wooden theatre was only erected for the time of the 
Dionysiac festivals, and was afterward pulled down. 
The first drama that iEschylus brought upon the 
stage was performed upon such a wooden scaffold, 
and it is recorded as a singular and ominous coin- 
cidence, that on that occasion (500 B.C.) the scaf- 
folding broke down. To prevent the recurrence of 
such an accident, the building of a stone theatre 
was forthwith commenced on the southeastern de- 

1. (Tzetzes, Chil., v., 25.) — 2. (De Different. Vocab., p. 142, 
ed. Valck.) — 3. (s. v. <I>ap/za*o<'.) — 4. (Teztzes, 1. c. — Schol. ad 
Aristoph., Ran., 733.) — 5. (Athen., ix., p. 370. — Suidas, s. v. 
WapQivoi.) — 6. (Lysias, De Muner. accept., p. 255. — Antiphon, 
De Choreut., c. 11. — Demosth. in Mid., p. 517.) — 7. (Suidas, s. 
v. TLvQiov-) — 8. (Isseus. De Apollod. hered., c. 15. — De Aristarch. 
hered., c. 8.)— 9. (ap. Phot., Lex., p. 467.— Etym. Mag-, and Har- 
pocrat., s. v. Qapuwcds.)— 10. (p. 534. 3.) — 11. (Vid. Meursius, 
Graecia Feriata, s. v. QapyfiXin. — Bode, Gesch. der Lyr. Dicht- 
kunst der Ilellen., i., p. 173, &c, where an account is also given 
of the KpaSirjs vdpoj.) 



scent of the acropolis, in the Lenaea ; for it shuuld 
be observed that throughout Greece theatres were 
always built upon eminences, or on the sloping side 
of a hill. The new Athenian theatre was built on a 
very large scale, and appears to have been con- 
structed with great skill in regard to its acoustic 
and perspective arrangements, but the name of the 
architect is not known. It is highly probable that, 
dramas were performed in this new theatre as soon 
as it was practicable, and before it was completely 
finished, which did not take place till about B.C. 
340, unless we adopt the untenable supposition that 
the completion of the Attic theatre at this time re- 
fers to a second theatre. 1 During this long inter- 
val of forty olympiads, theatres were erected in all 
parts of Greece and Asia Minor, although Athena 
was the centre of the Greek drama, and the only 
place which produced great master-works in this de- 
partment of literature. It should also be borne in 
mind, that theatres are mentioned in several parts 
of Greece where the worship of Dionysus and the 
drama connected with it did not exist, so that these 
buildings were devoted to other public exhibitions. 
Thus, at Athens itself, there were, in later times, be- 
sides the theatre in the Lenaea, two others, viz., the 
'A-ypiirireiov and the em 'PnyiXXri -Biarpov, which 
were not destined for dramatic performances, but 
were only places in which the sophists held their 
declamations. At Sparta there was a theatre of 
white marble, 8 in which assemblies of the peo- 
ple were held, choral dances performed, and the 
like ; 3 for the festive joy of Dionysus and the 
regular drama were foreign to the Spartans. All 
the theatres, however, which were constructed in 
Greece, were probably built after the model of that 
of Athens, and, with slight deviations and modifi- 
cations, they all resembled one another in the main 
points, as is seen in the numerous ruins of theatres 
in various parts of Greece, Asia Minor, and Sicily. 
Some of them were of prodigious dimensions. Tho 
theatre of Epidaurus, in the grove of Asclepius, ot 
which considerable ruins are still extant, excelled 
in beauty the Roman theatres,* and in size even 
that of Megalopolis, which was reckoned the largest 
theatre in Greece. 5 The great number of ruins of 
theatres may enable us to form an idea of the par 
tiality of the Greeks for such magnificent buildings, 
and of their gigantic dimensions. The ruins of the 
theatre of Argos encloses a space of 450 feet in di- 
ameter ; the theatre of Ephesus is even 660 feet in 
diameter. Upon these ruins, see the works of 
Clarke, Dodwell, Leake, Hughes, Arundell, and th*» 
Supplement to Stuart's Antiquities of Athens. 

The construction of the Greek theatres has been 
the subject of much discussion and dispute in mod- 
ern times, and, although all the best writers agree 
on the great divisions of wh;ch a theatre consisted, 
the details are in many cases mere matters of con- 
jecture. The Attic theatre was, like all the Greek 
theatres, placed in such a manner that the place for 
the spectators formed the upper or northwestern, 
and the stage, with all that belonged to it, the south- 
eastern part, and between these two parts lay the 
orchestra. We shall consider each of the three di- 
visions separately, together with its parts and sub- 
divisions, referring the reader to the annexed plan, 
which has been made from the remains of Greek 
theatres still extant, and from a careful examina- 
tion of the passages in ancient writers which de- 
scribe the whole or parts of a theatre, especially in 
Vitruvius and Pollux. 

1. The place for the spectators was, in a narrow- 
er sense of the word, called diarpov. The seats 

1. (Pans, i., 29, v 16.— Plut., Vit. x. Orat., p. 841, c. ; 8*2, 
r .) _2. (Pins , jii., 14. <> I.) —3. (Athen.. iv., p. 139 ; xiv., j. 
631.)— 4. (PauS., h., 27, v 5.)-5. (Paus., viii., 32, l) 1.) 

96" 



THEATRUM. 



ThEATRUM. 



N\N 




//■?w>--y ■" ■ .' ■:■■;■■■■■'■•] i. ,,-: ■■■ : --;■- ■ ■ ■ ■■ • >-, • . ' 






S E 



n>r the spectators, which were in most cases cut 
out of the rock, consisted of rows of benches rising 
one above another ; the rows themselves (a) formed 
parts (nearly three fourths) of concentric circles, 
and were at intervals divided into compartments 
by one or more broad passages (b) running between 
them, and parallel with the benches. These pas- 
sages were called dt,a£6fj.aTa or Kararo/xat, Latin 
frcBcinctiones, 1 and when the concourse of people 
was very great in a theatre, many persons might 
stand in them. One side of such a passage formed 
towards the upper rows of benches a wall, in which, 
in some theatres, though perhaps not at Athens, 
niches were excavated, which contained metal ves- 
sels (flxela) to increase the sounds coming from the 
stage and orchestra. 2 Across the rows of benches 
ran stairs, by which persons might ascend from the 
lowest to the highest. But these stairs ran in 
straight lines only from one praecinctio to another, 
and the stairs in the next series of rows were just 
between the two stairs of the lower series of bench- 
es. By this course of the stairs the seats were di- 
vided into a number of compartments resembling 
cones from which the tops are cut off; hence they 
weie termed KepKl6eg, and in Latin cunei. The 
whole of the place for the spectators (■dearpov) was 
sometimes designated by the name koiaov, Latin 
cavea, it being in most cases a real excavation of the 
rock. Above the highest rcw of benches there rose 
a covered portico (c), which of course far exceeded 
in height the opposite buildings by which the stage 
was surrounded, and appears to have also contrib- 
uted to increase the acoustic effect. 3 The entran- 
ces to the seats of the spectators were partly un- 
der ground, and led to the lowest rows of benches, 
while the upper rows must have been accessible 
from above.* 

2. The orchestra (opxtjorpa) was a circular level 
space extending in front of the spectators, and 
somewhat below the lowest row of benches. But 
«t was not a complete circle, one segment of it be- 
ing appropriated to the stage. The orchestra was 
the place for the chorus, where it performed its ev- 



1. (Vitruv., v., 3 and 7. — Bekker, Anecdot., p. 270. — Pollux, 
Onom., iv., 123. — Harpocrat. and Suidas, s. v. Kararofjirj.)— 2. 
(Vitruv., i., 1, t) 9 ; v., 4.— Stieglitz, Arch&ol.der Baukunst. &c, 
ii., 1, p 150.)— 3. (Apuleius, Met., iii., p. 49, Bip.)— 4- (Pollux, 
Pnom., iv., 123.— Athen., xiv., 622.) 
963 



olutions and dances, for which purpose it was cov 
erved with boards. As the chorus was the element 
out of which the drama rose, so the orchestra was 
originally the most important part of a theatre : it 
formed the centre round which all the other parts of 
the building were grouped. In the centre of the ch 
cle of the orchestra was the ■&v/j.i'k'rj, that is, the al- 
tar of Dionysus (d), which was, of course, nearer to 
the stage than to the seats of the spectators, the 
distance from which was precisely the length of a 
radius of the circle. In a wider sense, the orches- 
tra comprised the broad passages (irdpodoi, e) on 
each side between the projecting wings of the stage 
and the seats of the spectators, through which the 
chorus entered the orchestra. The chorus general- 
ly arranged itself in the space between the thymele 
and the stage. The thymele itself was of a square 
form, and was used for various purposes, according 
to the nature of the different plays, such as a funer- 
al monument, an altar, &c. It was made of boards, 
and surrounded on all sides with steps. It thus 
stood upon a raised platform, which w r as sometimes 
occupied by the leader of the chorus, the flute-play- 
er, and the rhabdophori. 1 The flute-player, as well 
as the prompter {viro6oXevg, monitor), were generally 
placed behind the thymele, so as to face the stage, 
and not to be seen by the spectators. 2 The orches- 
tra, as well as the dearpov, lay under the open sky : 
a roof is nowhere mentioned. 

3. The stage. Steps led from each side of the 
orchestra to the stage, and by them the ohorus 
probably ascended the stage whenever it took a real 
part in the action itself. The back side of the stage 
was closed by a wall called the cktivt] or scena, from 
which on each side a wing projected, which was 
called the napaaayvtov. The whole depth of the 
stage was not very great, as it only comprised a 
segment of the circle of the orchestra. The whole 
space from the scena to the orchestra was termed 
the proscenium (irpoon-hviov), and was what we 
should call the real stage. That part of it which 
was nearest to the orchestra, and where the actors 
stood when they spoke, was the loyeiov, also called 
bicp'tfas or OKplSavreg, in Latin pulpitum, which was. 



1. (Miillcr, Dissert, on the Eumen. of JEschylus, p. 249, &c 
transl.)— 2. (Plut., Reipubl. Gerend. Pri£C, p 813, E.— Athen 
xiv., p. 631.) 



THEATRUM, 



THEATRIM. 



of course, raised above the orchestra, and probably 
on a level with the thymele. What the vttocjk^viov 
was is not clear ; some think that it was a place to 
which the actors withdrew when they had acted 
their parts, others think that it was the same as the 
Koviorpa ; l but, as it is stated that the v7cookt]viov 
was adorned with statues, it seems more probable 
that it was the wall under the Xoyetov which faced 
the orchestra and the spectators. The gk7}vtj or 
scena was, as we have already stated, the wall 
which closed the stage {proscenium and logeum) 
from behind. It represented a suitable background, 
or the locality in which the action was going on. 
Before the play began it was covered with a cur- 
tain (napaTreTacfia, TrpooKrjviov, av?.acai, Latin au- 
l<za or siparium 2 ). When the play began this curtain 
was let down, and was rolled up on a roller under- 
neath the stage. The proscenium and logeum were 
never concealed from the spectators. As regards 
the scenery represented on the ounvrj, it was differ- 
ent for tragedy, comedy, and the satyric drama, and 
for each of these kinds of poetry the scenery must 
have been capable of various modifications, accord- 
ing to the character of each individual play ; at 
least that this was the case with the various trage- 
dies, is evident from the scenes described in the 
tragedies still extant. In the latter, however, the 
background (cunvr/), in most cases, represented the 
front of a palace with a door in the centre (i), which 
was called the royal door. This palace generally 
consisted of two stories (diareyla 3 ), and upon its 
flat roof there appears .0 have been some elevated 
place, from which persoi.s might observe what was 
going on at a distance.* The palace presented on 
each side a projecting wing, each of which had its 
separate entrance. These wings generally repre- 
sented the habitations of guests and visiters. All 
the three doors must have been visible to the spec- 
tators. 5 The protagonistes always entered the 
stage through the middle or royal door, the deuter- 
agonistes and tritagonistes through those on the 
right and left wings. In tragedies like the Prome- 
theus, the Persians, Philoctetes lEdipus at Colonus, 
and others, the background did not represent a pal- 
ace. There are other pieces, again, in which the 
scena must have been changed in the course of the 
performance, as in the Eumenides of ^Eschylus and 
the Ajax of Sophocles. The dramas of Euripides 
required a great variety of scenery ; and if, in ad- 
dition to this, we recollect that several pieces were 
played in one day, it is manifest that the mechani- 
cal parts of stage performance, at least in the days 
of Euripides, must have been brought to great per- 
fection. The scena in the satyric drama appears 
to have always represented a woody district, with 
hills and grottoes ; in comedy the scena represented, 
at least in later times, the fronts of private dwellings 
or the habitations of slaves. 6 The art of scene- 
painting must have been applied long before the 
time of Sophocles, although Aristotle 7 ascribes its 
introduction to him. (Vid. Painting, p. 707.) 

The machines in the Greek theatres were ex- 
tremely numerous, but we are in many cases un- 
able to form an exact idea of their nature and their 
effects. We shall only mention the most important 
among them. 1. The irepiaicToi (m) stood near the 
two side entrances of the scena ; their form was 
that of a prisma, and by a single turn they produced 
a charge in the scenery. 9 2. The Xapuvtot Kkiua- 
«ff, or the Charonian steps, by which the shades 
ascended from the lower world upon the stage. 9 3 




The (iTjxavT/, Kpudn, or kuonua, a machine by whicfc 
gods or heroes were represented passing through 01 
floating in the air ; hence the proverb, Deus ex ma- 
china. 1 4. The e$6<jTpa or eKKVKXtjua. (Vid. Exos- 
tra.) 5. The deoXoyeiov, an especial elevated place 
above the scena for the Olympian gods when they 
had to appear in their full majesty. 2 6. The j3pov- 
relov, a machine for imitating thunder. It appears 
to have been placed underneath the stage, and to 
have consisted of large brazen vessels in which 
stones were rolled. 3 Respecting several other ma- 
chines of less importance, see Pollux, iv., izepl fxepu* 
deurpov. 

It is impossible to enter here upon the differen- 
ces which are presented by many ruins of theatres 
still extant, from the description we have given 
above. It is only necessary to mention, that in the 
theatres of the great cities of the Macedonian time, 
the space between the thymele and the logeum was 
converted into a lower stage, upon which mimes, 
musicians, and dancers played, while the ancient 
stage (proscenium and logeum) remained destined, 
as before, for the actors in the regular drama. This 
lower stage was sometimes called thymele or or- 
chestra. 4 

The Romans must have become acquainted with 
the theatres of the Italian Greeks at an early period, 
whence they erected their own theatres, in similar 
positions upon the sides of hills. This is still clear 
from the ruins of very ancient theatres at Tusculum 
and Faesulae. 5 The Romans themselves, however, 
did not possess a regular stone theatre until a very 
late period, and, although dramatic representations 
were very popular in earlier times, it appears that 
a wooden stage was erected when necessary, and 
was afterward pulled down again, and the plays of 
Plautus and Terence were performed on such tem- 
porary scaffoldings. In the mean while many of 
the neighbouring towns of Rome had their stone 
theatres, as the introduction of Greek customs and 
manners was less strongly opposed in them than in 
the city of Rome itself. Wooden theatres, adorned 
with the most profuse magnificence, were erected at 
Rome even during the last period of the Republic. 
The first attempt to build a stone theatre was made 
a short time before the consulship of P. Cornelius 
Scipio Nasica. It was sanctioned by the censors, 
and was advancing towards completion, when Scip- 
io, in J 55 B.C., persuaded the senate to command 
the building to be pulled down, as injurious to public 
morality. 6 Respecting the magnificent wooden the- 
atre which M. JEmilius Scaurus built in his aedile- 
ship, 5S B.C., see Pliny. 7 Its scena consisted of 
three stories, and the lowest of them was made of 
white marble, the middle one of glass, and the upper 
one of gilt wood. The cavea contained 80,000 
spectators. 8 In 55 B.C., Cn. Pompey built the first 
stone theatre at Rome, near the Campus Martins. 
It was of great beauty, and is said to have been 
built after the model of that of Mytilene : it contain- 
ed 40,000 spectators. 9 C. Curio built, in 50 B.C., two 
magnificent wooden theatres close by one another, 
which might be changed into one amphitheatre. 1 * 
After the time of Pompey, however, other stone 
theatres were erected, as the theatre of Marcellus, 
which was built by Augustus, and called after his 
nephew Marcellus ;" and that of Balbus, 13 whence 
Suetonius' J uses the expression per trina thcatra. 



1. (Pollux, iv., 126, 128, 131. — Suiclas, s. v. 'EtLprma. — He- 
sych., s. v. KpdSr).)— 2. (Pollux, Onom., iv., 130.— Phot., Lex., 
p. 597.)— 3. (Pollux, Onom., iv., 130. — Suidas, s. v. Bpovrrj.— 
Vitruv., v., 7.)— 4. (Mulier, Hist, of Greek Lit., i., p. 2 ( J9.)— 5. 
(Niebuhr, Hist, of Rome, iii., p. 364, &c.) — 6. (Liv., Epit., 48.) 
— 7. (II. N., xxxvi., 24, t) 7.) —8. (Comp. Plin., H. N., xxxiv., 
17.) — 9. (Plin., H. N., xxxvi., 24, <) 7. — Compare Urumann, 
Gesch.^Rom's, iv., p. 570, «fec.)— 10. (Plin., H. N., xxxvi., 24, * 
8.)— 11. (Dion Cass., iliii.. 49.— Plin., II. N., xxxvi., 12 )— 13 
(Plin., 1. c.)— 13. (Octar., 44.) 

969 



THEATRUJNt. 



THEATRUM. 



The construction of a Roman theatre resembled, 
on the whole, that of a Greek one. The principal 
differences are, that the seats of the spectators, 
which rose in the form of an amphitheatre around 
the orchestra, did not form more than a semi- 
circle ; and that the whole of the orchestra likewise 
formed only a semicircle, the diameter of which 
formed the front line of the stage. The Roman or- 
chestra contained no thymele, and was not destined 
or a chorus, but contained the seats for senators 
and other distinguished persons, such as foreign 
ambassadors, which are called "primus subselliorum 
ordo." In the year 68 B.C., the tribune L. Roscius 
Otho carried a law which regulated the places in 
the theatre to be occupied by the different classes 
of Roman citizens : it enacted that fourteen ordines 
of benches were to be assigned as seats to the equi- 
tes. 1 Hence these quatuordecim ordines are some- 
times mentioned, without any farther addition, as the 
honorary seats of the equites. They were undoubt- 
edly close behind the seats of the senators and raa- 
pistrates, and thus consisted of the rows of benches 



immtliately behind the orchestra. Velleius 1 and 
Cicero 2 speak of this law in a manner to lead us to 
infer that it only restored to the equites a right 
which they had possessed before. Another part of 
this law was, that spendthrifts, and persons reduced 
in their circumstances (decoctores), whether through 
their own fault or not, and whether they belonged 
to the senatorian or equestrian order, should no 
longer occupy the seats assigned to their order, but 
occupy a separate place set apart for them. 3 In the 
reign of Augustus the senate made a decree, that 
foreign ambassadors should no longer enjoy the 
privilege mentioned above, as it sometimes hap- 
pened that freedmen were sent to Rome as ambas 
sadors. The soldiers also were separated from the 
people by the same decree : the same was the case 
with women, praetextati and paedagog:.* This sep- 
aration consisted probably in one or more cunei 
being assigned to a particular class of persons. The 
following woodcut contains a probable representa- 
tion of the plan of a Roman theatre. 

For a fuller account of the construction of Greek 




and Roman theatres, see the commentators on Vi- 
cruvius, 2 J. Chr. Genelli, Das Theater zu Alhen, hin- 
sichtlich auf Architecture Scenerie und Darstellungs 
Kunst iiberhaupt, Berlin, 1818, 8vo. — G. C. W. 
Schneider, Das Attische Theaterwesen, zum bessern 
Verstehen der Griech. Dramatiker. — Stieglitz, Archd- 
ologie der Baukunst der Griech. u. Romer, ii., 1. — G. 
Ferrara, Storia e descrip. de' princip. teatri ant. e 
moderni, Milano, 1830. — The supplement to Stuart's 
Antiq. of Athens. A general outline is also given 
by Miiller, Hist, of Gr. Lit., i., p. 299, &c. ; and by 
Bode, Gesch. der dramai. Dichlkunst d. Hellen., i., 
p. 156, &c. 

It remains to speak of a few points respecting the 
attendance in the Greek theatres. Theatrical rep- 
resentations at Athens began early in the morning, 
or after breakfast ; 3 and when the concourse of 
people was expected to be great, persons would 
even go to occupy their seats in the night. The 
sun could not be very troublesome to the actors, as 
they were, in a great measure, protected by the 
buildings surrounding the stage, and the spectators 
protected themselves against it by hats with broad 
brims.* When the weather was fine, especially at 
the Dionysiac festivals in spring, the people appear- 

1. (Liv , Epit., 99. — Ascon. ad Cornel., p. 78, ed. Orcll.)— 2. 
ft c.)— 3. (vEschin., c. Ctesiph., p. 466. — Athen., xi., D. 464.) — 
d ("Suidas, s. v. Hero tog and Aijukujv.) 
Q70 



ed with garlands on their heads ; w r hen it wa» cold, 
as at the Lenaea in January, they used to wrap 
themselves up in their cloaks. 5 When a storm or 
a shower of rain came on suddenly, the spectators 
took refuge in the porticoes behind the stage, or in 
those above the uppermost row of benches. Those 
who wished to sit comfortably brought cushions 
with them. 6 As it was not unusual for the theatri- 
cal performances to last from ten to twelve hours, 
the spectators required refreshments, and we find 
that in the intervals between the several plays they 
used to take wine and cakes. 7 

The whole of the cavea in the Attic theatre must 
have contained about 50,000 spectators. The places 
for generals, the archons, priests, foreign ambassa- 
dors, and other distinguished persons, were in the 
lowest rows of benches, and nearest to the orches- 
tra, 8 and they appear to have been sometimes 
covered with a sort of canopy. 9 The rows of 
benches above these were occupied by the senate 
of 500, those next in succession by the ephebi, and 
the rest by the people of Athens. But it would 
seem that they did not sit indiscriminately, but that 
the better places were let at a higher price than the 

1. (ii., 32.) — 2. (Pro Muren., 19.)— 3. (Cic, Philipp., ii., 18.) 
4. (Suet., Oct., 44.)— 5. (Suidas, 1. c.)— 6. (JEsch., c. Ctesiph., 
1. c— Theophr., Crjvr., 2.) — 7. (Athen., xi., p. 464. — Aristot ; 
Eth. Nicom., x., 5.)— 8. (Pollux, Onom., iv., 121 ; via-, 133 - 
Sr.hol. ad Aristoph., Equit., 572.)— 9 (J2schin., I. c.) 



THELYPHOXO>. 



THENS.E. 



othei s, and that no one had a right to dice a place 
for which he had not paid. 1 The question whether 
in Greece, and more especially at Athens, women 
were present at the performance of tragedies, is one 
of those which have given rise to much discussion 
among modern scholars, as we have scarcely any 
passage in ancient writers in which the presence of 
women is stated as a positive fact. But Jacobs* 
and Passow 3 have placed it almost beyond doubt, 
from the various allusions made by ancient writers, 
that women were allowed to be present during the 
performance of tragedies. This opinion is now per- 
fectly, confirmed by a passage in Athenaeus,* which 
has been quoted by Becker 5 in corroboration of the 
conclusion to which the above-mentioned writers 
had come. In this passage we find that at Athens, 
and at the time of the Peloponnesian war, the spec- 
tators in the theatre consisted of men and women. 
We have, however, on the other hand, every reason 
to believe that women were not present at come- 
dies, while boys might be present both at tragedy 
and comedy. 6 The seats which women occupied 
in the Greek theatres appear to have been separated 
from those of the men. 7 

For the purpose of maintaining order and pre- 
venting excesses, the ancients had a sort of theatre- 
police ; the persons who held this office w T ere called 
in Greece paGdoqopoi or f>a6dovxoi, and at Rome 
Prceconcs. 9 

Respecting the attendance at the Greek theatres 
and the conduct of the people, see a very good dis- 
sertation of Becker, in his Charikles. 9 

*THEBA'ICUS LAPIS (Qn6aiKoc Xidog), a species 
of Porphyry, according to the more correct opinion, 
and not a kind of marble, as has been supposed by 
many writers. It was of a red colour, and was also 
called Pyropoecilus.™ 

♦THEION (tieiov), Sulphur. " Pliny and Isido- 
rus," says Adams, " describe four kinds of sulphur. 
The urtvpov of Dioscorides, or the Sulphur vivum of 
the Latins, is native sulphur. The Sulphur ignem 
expertum (to TreTrvpofiivov) is sulphur which has 
been subjected to the action of fire." " Sulphur 
(deiov) was applied by the ancients," observes Dr. 
Moore, " to various uses in medicine and other arts. 
For the use of the physician was required translu- 
cent native sulphur, which the Greeks called aim- 
pov. That which had been freed from impurities 
by an artificial process, which had passed the fire, 
was called irexvpuuevov, and distinguished into va- 
rious kinds, appropriated to various uses, according, 
probably, to their several degrees of purity. Thus, 
one kind was used for fumigating woollens, to ren- 
der them whiter and softer; another for making 
matches : purposes to which sulphur yet continues 
to be applied. The employment of it in expiation 
and lustration, which was very common, we find 
referred to by many ancient authors." 11 

THE'CAI (drjxai). (Vid. Fu.vus, p. 457.) 

♦THELYCRANEI'A ($n?,vK.pavela), the Cornus 
sanguined, or Dogberry. 12 

♦THELYPT'ERJS (dnlv-repts), a plant. Stack- 
house holds the drjlvTZTepie of Theophrastus to be 
the Acrostichum Thelypteris. Sprengel makes the 
$n?,vTTTepic of Dioscorides to be the Asplenium filix 
femina, Bernh. (Polypodium, L.). 13 

*THELYPHONON (-dnlvdovov), called also 



I. (Plat., Apolog-., p. 26. — JSlian, V. II., ii., 13. — Demosth. in 
Mid., p. 572.)— 2. (Vermischt. Schnft., iv., p. 272.)— 3. (inZim- 
mermana's Zeitschr. fur die Alterth.. 1837, n. 29.) — 4. (xiL, p. 
534.) — 5. (Charikles, ii., p. 560.)— 6. (Theophr., Char., 9. — 
Issus, De Ciron. hered., p. 206. — Aristoph., Nub., p. 537, &c. — 
Lucian, De Gymn., 22.)— 7. (Gottlingin the Rhein. Mus., 1834, 
p. 103, <tc.) — 8. (Schol. ad Aristoph., Par, 718.) —9. (ii., p. 
249, 278.)— 10. (Moore's Anc. Mineral., p. 134.)— 11. (Adams, 
Append., s. v.— Moore's Anc. Mineral., p. 102, 103.)— 12. (The- 
ophr., II. P., i., 13 ; iii., 4.— Adams, Append., s. v.)— 13. (The- 
oohr.. II P., ix.. 18.— Dioscor., iv , 184 —Adams, Append., s. v.) 



SCORPION (cKopniov), a plant, about wi. th Stack 
house is quite undecided. " Sprengel suggests tha\ 
it may be the Doronicum pardalianches, or Scorpion- 
rooted Leopard's-bane. This opinion is also sup- 
ported by Bauhin." 1 

THENS^E or TENSAE (for the orthography and 
etymology of the word are alike doubtful, although 
the oldest MSS. generally omit the aspirate) wero 
highly-ornamented sacred vehicles, which, in the 
solemn pomp of the Circensian games, conveyed 
the statues of certain deities, with all their decora- 
tions, to the pulvinaria, and, after the sports were 
over, bore them back to their shrines. 3 We are ig- 
norant of their precise form ; for, although we find 
several representations upon ancient medals and 
other works of art, of gods seated in cars, and es- 
pecially of the sun-chariot of Elagabalus, 3 yet we 
have no means of deciding which, if any, of these 
are tensae. We know that they were drawn by 
horses (Plutarch* calls them drjoaac), and escorted 
(deducere) by the chief senators in robes of state, 
who, along with pueri patrimi (vid. Patrimi), laid 
hold of the bridles and traces, or perhaps assisted 
to drag the carriage (for ducere is used as well as 
deducere 5 ), by means of thongs attached for the pur- 
pose (and hence the proposed derivation from tendo). 
So sacred was this duty considered, that Augustus, 
when labouring under sickness, deemed it neces- 
sary to accompany the tensae in a litter. If one of 
the horses knocked up, or the driver took the reins 
in his left hand, it was necessary to recommence 
the procession, and for one of the attendant boys to 
let go the thong or to stumble was profanation.' 

The only gods distinctly named as carried in ten- 
sae are Jupiter and Minerva, 7 to which number Mars 
is usually added on the authority of Dion Cassius," 
but in the passage referred to he merely states 
that, at the Circensian games celebrated A.D. 216, 
the statue of Mars, which was in the procession 
(irofiTzelov), fell down ; and it is very remarkable that 
Dionysius, 9 in his minute description of the Pompa 
Circensis, takes no notice whatever of the tensae, 
but represents the statues of the gods as carried on 
men's shoulders, i. e., on fercula. That a consider- 
able number of deities, however, received this hon- 
our, seems probable from the expression of Cicero, 
in his solemn appeal at the close of the last Verrine 
oration, " omnesque dii, qui vehiculis tensarum solem- 
nes caztus ludorum initis," though we cannot deter- 
mine who these gods were. We frequently hear, 
indeed, of the chariot of Juno, 10 of Cybele, 11 and 
many others ; but, as these are not mentioned in 
connexion with the Pompa Circensis, there is no 
evidence that they were tensae. Among the im- 
pious flatteries heaped on Caesar, it was decreed 
that his ivory statue should accompany the images 
of the gods to the circus in a complete chariot (iipua 
blov, that is, a tensa, in opposition to a mere fercu- 
lum), and that this chariot should stand in the Capi- 
tol immediately opposite to that of Jupiter. 13 

Similar homage was paid upon high festivals tu 
the images of their gods by other ancient nations. 
Thus, in the curious ceremonies performed at Pa- 
premis connected with the worship of the Egyptian 
deity, whom Herodotus 13 imagined to be identical 

1. (Theophr., 1. c. — Adams, Append., s. v.) — 2. (Cic. in Verr., 
ii., 1, 59, and note ol Fseudo-Ascon., iii., 27 ; v., 72. — Serv. ad 
Virg-., JEn., i., 21. — Festus, s. v. — Diomedes, i., p. 372, ed. 
Putsch. — Dion Cass., xlvii., 40. — Tertull., Be Spect., 7.)— 3. 
(Herodian, v., 6. — Vid. Vaillant, Numis. Imp., torn, ii., p. 269. 
— Ginzrot, Die "Wag-en uud Fahrwerke, &c, tab. xlii., rk r . 6.) — 
4. (Coriolan., 25.)— 5. (Liv., v., 41.)— 6. (Liv., 1. c— Plut., 1. c. 
— Ascon., 1. c. — Arnob. adv. Gent., iv., 31, compared with the 
oration De Harusp. Resp., 11. — Tertull., De Coron. Mil., 13, and 
De Spectac, 7. — Suet., Octav., 43 ) — 7. (Suet., Vespas., 5. — 
Dion Cass., xlvii., 40 ; 1., 8 ; lxvi., 1.)— 8. (lxxviii., 8.)— 9. (vii., 
72.) — 10. (Vir?., Georsr., iii., 531.) — 11 (Mn., vi.. 784.) — i* 
(Dion Cass., xliii 15,21,45 xliv., 6.)— 13. (ii., 63.) 

971 



THEORICA. 



THEORICA. 



with Ares, the statue, enshrined in a chapel made 
of gilded wood, was dragged in a four-wheeled car 
by a body of priests. So also, in the account given 
by Athenaeus, 1 after Callixenes of Rhodes, of the 
gorgeous pageant at Aiexandrea, during the reign 
of Ptolemy Philadelphus, we read of a car of Bac- 
chus of prodigious size, most costly materials, and 
most elaborate workmanship, which was dragged 
by 180 men, and to such customs we may find a 
parallel in modern times in the usages which pre- 
vail at the festival of S. Agatha at Catania, and S. 
Rosolia at Palermo. 

(Scheffer, De Re Vehiculari, c. 24. — Ginzrot, Die 
W'agen und Fahrwerke der Griechen und Romer, c. 
55 ; but the latter author, both here and elsewhere, 
allows his imagination to carry him farther than his 
authorities warrant.) 

THEODOSIA'NUS CODEX. (Vid. Codex The- 

ODOSIANUS.) 

THEOPHA'NIA (fleufma), a festival celebrated 
at Delphi, on the occasion of which the Delphians 
filled the huge silver crater which had been present- 
ed to the Delphic god by Crcesus. 2 Valckenaer on 
Herodotus 3 thought that the reading was corrupt, 
and that Qeo&via should be read, as this festival is 
well known to have been celebrated by the Del- 
phians. 4 But both festivals are mentioned together 
by Pollux 5 and Philostratus. 6 An agon called the- 
oxenia was also celebrated at Pellene in Achaia in 
honour of Hermes and Apollo. 7 But no particulars 
of any of these festivals are known. 

THEOR'IA (tieupia). (Vid. Theoroi.) 

THEORICA (devpiita). Under this name, at 
Athens, were comprised the moneys expended on 
festivals, sacrifices, and public entertainments of va- 
rious kinds, and also moneys distributed among the 
people in the shape of largesses from the state. 

There were, according to Xenophon, more festi- 
vals at Athens than in all the rest of Greece. 8 Be- 
sides those which were open to the whole body of 
the people, there were many confined to the mem- 
bers of each tribe, deme, and house. These last 
were provided for out of the funds of the commu- 
nity who celebrated them. At the most important 
of the public festivals, such as the Dionysia, Pana- 
tnenaea, Eleusinia, Thargelia, and some others, 
there were not on'y sacrifices, but processions, the- 
atrical exhibitions, gymnastic contests, and games, 
celebrated with great splendour and at a great ex- 
pense. A portion of the expense was defrayed by 
the individuals upon whom the burden of Tieirovpyia 
devolved ; but a considerable, and perhaps the lar- 
ger part, was defrayed by the public treasury. De- 
mosthenes complains that more money was spent 
on a single Panathenaic or Dionysiac festival than 
on any military expedition. 9 The religious embas- 
sies to Delos and other places, and especially those 
to the Olympian, Nemean, Isthmian, and Pythian 
games, drew largely upon the public exchequer, 
though a part of the cost fell upon the wealthier 
citizens who conducted them. 10 

The largesses distributed among the people had 
their origin at an early period, and in a measure ap- 
parently harmless, though from a small beginning 
they afterward rose to a height most injurious to 
the commonwealth. The Attic drama used to be 
performed in a wooden theatre, and the entrance 
was free to all citizens who chose to go. It was 
found, however, that the eagerness to get n led to 
much confusion and even danger. On one <l ccasion, 
about B.C. 500, the scaffolding which supported 

1. (v., c. 27, &c.)— 2. (Herod., i., 51.)— 3. (1. c.)— 4. (Plut., 
De his qui sero a num. pun., p. 557, F. — Polemon ap. Athen., 
ix., p. 372.)— 5. (i., 34.)— 6. (Vit. Apoll., iv., 31.)— 7. (Schol. ad 
Find., 01., vii., 156; ix., 146.) — 8. (De Rep. Ath., iii., 8.) — 9. 
iPhilip.. i., 50.)— 10 (Schomann, Ant. Jur. Pub. Gr , 305.) 
972 



the roof fell in, and caused great alarm, [t waa 
then determined that the entrance should nti longer 
be gratuitous. The fee for a place was fixed at two 
obols, which was paid to the lessee of the theatre 
(called dearpuvris, dearpoTruXnc, or apxirsKTcov), whc 
undertook to keep it in repair and constantly ready 
for use on condition of being allowed to receive 
the profits. This payment continued to be exacted 
after the stone theatre was built. Pericles, to re- 
lieve the poorer classes, passed a law which ena- 
bled them to receive the price of admission from 
the state ; after which, all those citizens who were 
too poor to pay for their places applied for the 
money in the public assembly, which was then fre- 
quently held in the theatre. 1 In process of time 
this donation was extended to other entertainments 
besides theatrical ones, the sum of two oboli being 
given to each citizen who attended ; if the festival 
lasted two days, four oboli ; and if three, six oboli, 
but not beyond. Hence all theoric largesses re- 
ceived the name of diodeXia. The sums thus given 
varied at different times, and, of course, depended 
on the state of the public exchequer. These dis- 
tributions of money, like those of grain and flour, 
were called dtavofiai or dtadoaeic . They were often 
made at the Dionysia, when the allies were present, 
and saw the surplus of their tribute distributed 
from the orchestra. The appetite of the people for 
largesses grew by encouragement, stimulated from 
time to time by designing demagogues ; and in the 
time of Demosthenes they seem not to have been 
confined to the poorer classes. 2 Bockh calculate?, 
that from 25 to 30 talents were spent upon them 
annually. 3 

So large an expenditure of the public funds upon 
shows and amusements absorbed the resources 
which were demanded for services of a more im- 
portant nature. By the ancient law, the whole sur- 
plus of the annual revenue which remained tftei 
the expense of the civil administration (to. -Kepiov* 
ra xpyp-afa- TVS (howrjaecoc) was to be carried to tha 
military fund, and applied to the defence of the 
commonwealth. Since the time of Pericles vari- 
ous demagogues had sprung up, who induced the 
people to divert all that could be spared from the 
other branches of civil expenditure into the theo- 
ric fund, which at length swallowed up the whole 
surplus, and the supplies needed for the purpose of 
war or defence were left to depend upon the extra- 
ordinary contributions or property-tax (dofyopai). 
An attempt was made by the demagogue Eubulus, 
of whom Theopompus says that raf Trpocodovg na- 
rafuodoipopuv dureXei* to perpetuate this system. 
He passed a law, which made it a capital offence 
to propose that the theoric fund should be applied 
to military service. In B.C. f>03, Apollodorus car- 
ried a decree empowering the people to determine 
whether the surplus revenue might be applied to 
the purpose of war, for which he was indicted by 
a ypayr) rrapavop-uv, convicted and fined, and the de- 
cree was annulled, as a matter of course. 5 The 
law of Eubulus was a source of great embarrass- 
ment to Demosthenes, in the prosecutions of his 
schemes for the national defence ; and he seems at 
last, but not before B.C. 339, to have succeeded in 
repealing it. 6 

In the earlier times there was no person or 
board of persons expressly appointed to manage 
the theoric fund. The money thus appropriated 
was disbursed by the hellenotamiae. After the an- 
archy, the largess system having been restored by 
Agyrrhius, a board of managers was appointed, 

I. (Schumann, ib., 219.)— 2. (Philip., iv., 141.)— 3. (Staatsh. 
der Athen., i., 241.)— 4. (Athen., iv., 166.)— 5. (Demosth., c. 
Near., 1346-1348.)— 6. (Harpocr. and Suidas, s. v. QewpiKa nd 
KiifiouAof.— Bockh, ib.. i.. 232-2-10 - Schumann, ib., 307.) 



THERA P 1 1 J li U a 



THURAPEUTTCA. 



who were called apxv ettI ru i?f(jpt/c t ' ol Ltxl to $eo- 
olkov TeTayjxevoL or KexcipoTov7][jevoi^ &ecjptK7) apxv, 
&c. They were elected by show of hands at the 
period of the great Dionysia, one from each tribe. 
In the time of Eubulus many other branches of the 
administration were placed under the control of 
this board, as the management of the civil expend- 
iture, the office of the apodectae, the building of 
docks, arsenals, streets, &c. This was dictated by 
an anxiety on the part of the people that no part 
of the revenue should be improperly diverted from 
the theoric fund, which they thought would be 
prevented by increasing the powers of its mana- 
gers. But these extraordinary powers appear not 
to have been of long continuance. 1 

THEOROI (decjpoi) were persons sent on special 
missions (tieopiai) to perform some religious duty, 
as* to consult an oracle, or to offer a sacrifice on 
behalf of the state. It is thus explained by the 
grammarians : ■fteoTrpoTTOL, t) ol deufievoi, 7) ol fypovri- 
(flVTtc Tzepl til i?£(a' ol etc -dvaiav 7zefj.Tr6fj.evot nal 
eopraq nal Travjjyvpetc Kai xpV^^P 10 - 2 There were 
in some of the Dorian states, as the ^Eginetans, 
Troezenians, Messenians, and Mantineans, official 
priests called despot, whose duty it was to consult 
oracles, interpret the responses, &c, as among the 
Spartans there were men called Pythii, chosen by 
the kings to consult the oracle at Delphi. 3 At 
Athens there were no official persons called deopoi, 
but the name was given to those citizens who were 
appointed from time to time to conduct religious 
embassies to various places ; of which the most 
important were those that were sent to the Olym- 
pian, Pythian, Nemean, and Isthmian games, those 
that went to consult the god at Delphi, and those 
fhat led the solemn procession to Delos, where the 
Athenians established a quadriennial festival in re- 
vival of the ancient Ionian one, of which Homer 
speaks.* The expense of these embassies was de- 
frayed partly by the state and partly by wealthy 
citizens, to whom the management of them was 
intrusted, called apxideupoi, chiefs of the embassy. 
This was a sort of ?i.eiTovpyia, and frequently a very 
costly one, as the chief conductor represented the 
state, and was expected to appear with a suitable 
degree of splendour ; for instance, to wear a golden 
crown, to drive into the city with a handsome 
chariot, retinue, &c. Nicias, who was very rich, 
is reported to have incurred great expenses on his 
embassy to Delos, beyond what was required of 
him ; and Alcibiades astonished all the spectators 
at Olympia by the magnificence of his horses, char- 
iots, &c., and the profuseness of his expenditure. 5 
(Vid. Delia.) 

The Salaminian or Delian ship was also called 
i?ewp2f vavg, and was principally used for conveying 
embassies to Delos, though, like the Paralus, it was 
employed on other expeditions besides. 6 

THEOXE'NIA (deofrvia). (Vid. Theophania.) 

THERAPEUTIC A (to depa-rvevTiKov), one of the 
five branches into which, according to some authors, 
the a hole art and science of medicine was divided 
among the ancients. 7 It was defined to be that 
branch which was conversant with the healing of 
disease, or recalling and restoring ruined health, 9 
and was subdivided into three parts, Di^tetica, 
Chirurgi-a, Pharmaceutical From the incidental 
mention that is made by Homer and the old Greek 

1. (jEschin., c. Ctesiph., 57, ed. Steph. — Bockh, ib., i., 193— 
197.— Sch5mann, ib., 320.— Wachsmuth, Ilellen. A.t., II., i., 124- 
127.) — 2. (Harpocr., Suidas, and Hesych., s. v. Qcupoi. — Com- 
pare Pollux, ii., 55.— Soph., (Ed. Tyr., 114.) —3. (Schomann, 
Ant. Jur. Pub. Gr., 130, 395.) — 4. (Thucyd., iii., 104.)— 5. 
(Bockh, Staatsh. der Athen., i., 230.— Thirhvall, Hist, of Greece, 
iii., p. 217, p. 330.) — 6. (Suidas, 1. c. — Bockh, ib, i., 258.)— 7. 
(Pseudo-Gal., Defin. Med., c. 11, torn, xi.t., p. 351.— Id., Introd., 
e. ", torn, xiv., p.G89.)— 8. (Defin. Med., 1. c.)— 9. (Introd., 1. c, 

c. 8, o. 694.) 



writers of the nature of the remedies that were en> 
ployed by medical practitioners in the earliest times 
it would appear that their practice was principally 
6urgical, and almost confined to the treatment of 
wounds ; and that, with respect to internal diseases, 
these were, for the most part, conceived to be the 
immediate infliction of the Deity, and therefore 
abandoned as incurable, or, at least, were to be ob- 
viated only by charms and incantations, and that 
the arts of magic formed no inconsiderable part 
even of their surgical practice. 1 

From the mode in which Hippocrates speaks of 
certain practices, such as bleeding, and the admin- 
istration of emetics, purgatives, and other analogous 
medicinal agents, we may infer that they were in 
common use among his contemporaries, and proba- 
bly had been so for a long time before him. The 
great principle which directed all his indications 
was the supposed operation of nature in superin- 
tending and regulating all the actions of the system. 
The chief business of the physician, in the opinion 
of Hippocrates, was to watch these operations, to 
promote or suppress them according to circum- 
stances, and perhaps, in some rare cases, to at- 
tempt to counteract them. The tendency of this 
mode of practice would be to produce extreme 
caution, or rather inertness, on the part of the prac- 
titioner ; and, accordingly, we find that Hippocrates 
seldom attempted to cut short any morbid action, 
or to remove it by any decisive or vigorous treat- 
ment. Another principle which very materially af- 
fected his practice was the doctrine of critical evac- 
uations. As diseases were supposed to originate in 
the prevalence of some morbid humour, so, when they 
are suffered to run their course without interruption, 
they are relieved by the discharge of the humour ; 
and, consequently, the promotion of this discharge 
becomes an important indication, which it is often 
easy to accomplish, and which proves very effectual. 
Hence an important part of his practice consisted 
in producing evacuations of various kinds, and espe- 
cially by the employment of purgatives, of which he 
used a great variety, and administered them with 
great freedom. With the same intention he pre- 
scribed diuretics and sudorifics ; he drew blood 
both by the lancet and the scarificator ; he applied 
the cupping-glasses ; he administered injections, 
and inserted issues. He made very frequent use 
of external applications, such as ointments, plasters, 
liniments, &c, and was familiarly acquainted with 
the effects of external temperature.. The disputes 
of the Dogmatici and Empirici do not appear to 
have had so much influence on their mode of prac- 
tice as we might have expected ; and, indeed, what- 
ever may have been the professed plan of the sup- 
porters of the two sects, we shall always find that 
the practice of the most eminent of either party ac- 
tually proceeded upon a judicious combination of 
the two systems. 

Celsus, the next physician of sufficient importance 
to require to be noticed here, adopted to a certain 
extent the Hippocratic method of observing and 
watching over the operations of nature, and regu- 
lating rather than opposing them : a method which 
with respect to acute diseases (as was hinted above) 
may frequently appear inert. But there are oc 
casions on which he displays considerable decision 
and boldness, and particularly in the use of the 
lancet, which he employed with more freedom than 
any of his predecessors. His regulations for the 
employment of bloodletting and of purgatives are 
laid down with minuteness and precision ; and al- 
though he was in some measure led astray by his 
hypothesis of the crudity and concoction of the 

1. (Horn., II., xi., 636v&c. ; Od., xix., 456, &c— Vid. G"aT. 
De Horn. Medic, torn, x., p. 573, ed. CI art., et ap. Alex. Trail. 
De Re Med., lib. ix., c. 4.) 

973 



THERAPEUT1CA. 



THERAPEUTIC A. 



humouis, the rules which he prescribed were not 
very different from those which were generally 
adopted in the commencement of the present cen- 
tury. His description of the symptoms of fever, 
and of the different varieties which it assumes, 
either from the nature of the epidemic, or from the 
circumstances under which it takes place, are cor- 
rect and judicious ; his practice was founded upon 
the principle before referred to, of watching the 
operations of nature, conceiving that fever consists 
essentially in an effort of the constitution to throw 
off some morbid cause, and that, if not unduly in- 
terfered with, the process would terminate in a 
state of health. 

Aretseus, also, in his practice followed, for the 
most part, the method of Hippocrates, but he paid 
less attention to what have been styled the natural 
actions of the system ; and, contrary to the prac- 
tice of the Father of Medicine, he did not hesitate 
to attempt to counteract them when they appeared 
to him to be injurious. The account which he 
gives of his treatment of various diseases indicates 
a simple and sagacious system, and one of more 
energy than that of the professed Methodici. Thus 
he more freely administered active purgatives ; he 
did not object to narcotics ; he was much less averse 
to bleeding ; and, upon the whole, his materia medi- 
ca was both ample and efficient. It may be asserted 
generally (says Dr. Bostock), that there are few of 
the ancient physicians since the time of Hippoc- 
rates who appear to have been less biased by at- 
tachment to any peculiar set of opinions, and whose 
account of the phenomena and treatment of disease 
has better stood the test of subsequent experience. 

The most famous physician of antiquity after 
Hippocrates was Galen, who is also the last that 
can here be noticed. His practice in its general 
character appears to have been similar to his pathol- 
ogy (which depended on the four elements, the 
four humours, and the four qualities, connected in 
all the variety of combinations), and, indeed, to have 
been strictly deduced from it. His indications were 
in exact conformity to his theory, and the operation 
of medicines was reduced to their power of correct- 
ing the morbid states of the fluids, as depending 
upon their four primary qualities, or the various 
modifications, of them. Many parts of his writings 
prove that he was a diligent observer of the phenom- 
ena of disease, and he possessed an acuteness of 
mind which well adapted him for seizing the most 
prominent features of a case, and tracing out the 
origin of the morbid affection. But his predilec- 
tion for theory too frequently warped and biased 
his judgment, so that he appears more anxious to 
reconcile his practice to his hypothesis than to his 
facts, and bestows much more labour on subtile and 
refined reasoning, than on the investigation of mor- 
bid actions, or the generalization of his actual ex- 
perience. 1 

For the use of gymnastics, which formed an im- 
portant part of the ancient system of therapeutics, 
the reader must consult the article on that subject. 
(Vid. Gymnasium, p. 484.) The subject of charms 
or amulets has been before alluded to, and this ar- 
ticle would be incomplete without some farther 
notice of that very singular mode of cure. The in- 
stances that are to be found in the works of ancient 
authors (particularly Cato and Pliny) are very 
numerous, and the famous Abracadabra occurs for 
the first time in Serenus Samonicus. 2 This amulet 
was particularly recommended for the cure of the 
species of intermittent fever called by the Greeks 
QuiTpiTaZos (or by the moderns double-tertian), and is 
described by him as follows : 



1 (Uostock's Hist, of Med.) -2. (De Medic, c. 52, v. 944, sq.) 
974 



" Inscribis chartce, quod dicitur Abracadabra, 
Scepius : et subter repetis, sed detrahe summct. 
Et magis atque magis desint elemenla Jiguris 
. Singula, qua semper rapics, et cetera Jiges, 
Donee in angustum redigatur liter a conum. 
His lino nexis collum redimire memento.''' 

Thus forming an equilateral triangle in this man 
ner : 

ABRACADABRA 

AB RACADABR 

ABRACADAB 

ABRACADA 

A B R A C A D 

A B R A C A 

A B R A C 

A B R A 

A B R 

A B 

A 

For farther information respecting this magical 
word, see Du Cange, Glossar. Med. et Inf. Latin., 
ed. Paris, 1840. — Hofmann, Lex. Univ. — Sprengel, 
Hist, de la Med., torn, ii., p. 147. — C. Steph., Diet. 
Hist., etc., p. 8, edit. N. Lloyd. — Ger. Jo. Voss., Op.. 
t. 5, p. 24. 

One or two examples of this folly may be given 
from Alexander Trallianus, especially as it is sm 
prising that an author who displays so much judg- 
ment in other matters should show so much weak- 
ness in this. For epilepsy he recommends a piece 
of an old sailcloth, taken from a shipwrecked vessel, 
to be tied to the right arm for seven weeks to- 
gether; 1 for the colic he orders the heart of a lark 
to be fastened to the left thigh ; 2 for a quartan ague, 
a few hairs taken from a goat's chin are to be car- 
ried about : 3 several other equally ridiculous in- 
stances might be given. By way of excuse, he in- 
forms us that in his time many persons, particular- 
ly the rich, were very averse to medicine, and 
would by no means be persuaded to persist in a 
proper method, which forced them, he says, to 
have recourse to amulets, and such things as were 
fondly imagined to effect a cure in a more expedi- 
tious manner. 4 (Vid. Amuletum.) 

The following is probably a complete list of the 
ancient treatises that remain on the subject of ther- 
apeutics : Hippocrates, 'Erndrifitov BiSXia "ETrra, 
De Morbis Popularibus, lib. vii., of which the first 
and third books are considered as undoubtedly 
genuine, the second, fourth, and sixth as doubtful, 
and the fifth and seventh as certainly spurious. — 
Id., 'A<j>opiop:ot, Aphorismi, considered so certainly 
genuine that Stephanus Atheniensis says 5 they were 
the touchstone by which to try the authenticity of 
the other works that go under the name of Hippoc- 
rates. — Id., Uepl QapfiuKov, De Remediis Purganti- 
bus, a spurious work. 6 — Aretseus, Uepl Qepairetat, 
'Ofewv ml Xpoviuv liaduv, De Curatione Acutorum 
et Diuturnorum Morborum, in four books. — Galen, 
Tixvij 'larpcKTJ, Ars Medica. — Id., QepairevTiKij Medo- 
6og, Metkodus Medendi. — Id., Ta Trpog Vkavnuva Qepa- 
TTEVTitca, Ad Glauconem de Medendi Methodo. — Id., 
Uepl $Ae6oTo/j.Lac npoc 'EpacicrpaTov, De Vencp.sec- 
tione adversus Erasistratum. — Id., Ilepi ^eBorofiia^ 
irpbc 'EpaciorpaTeiovg ruvc kv 'Pupy, De Venisection* 
adversus Erasistrateos Rorruz Degentes. — Id., Hep, 
$?,e6oTOfj.las QepaTcevrucbv Bt6X:ov, De Curandi Ra- 
tione per Venasectionem. — Id.. Uepl BdeXXuv, 'Avtu? 
ndaecog, Zucvag, ml 'Eyjapa^ewc, ml Karaxaafiov, 
De Hirudinibus, Revulsione, Cucurbitula, Incisione, 
et Scarificatione. — Alexander Aphrodisiensis, Uepl 

1. (De Re Med., lib. i., c. 20, p. 30, ed. Goup ) -2. (lb., lib 
vi., c. 6, p. 165.)— 3. (lb., lib. x., c. 6, p. 241.) --4. (lb., lib. vni.. 
:. 7, 10, p. 165, 198.) —5. (ap. Dietz, Schol. in Ilippoc e; G:d.- 
torn, ii., p. 239.)— 6. (Vid. Choulant, Handb. del Rucherkund* 
fur die iEltere Medicin, 8vo, Leipzig, 1811 \ 



THERIACA. 



THESEIA. 



Uiper&v, Dc Fcbribus. — Great part of the ILvvayuyaX 
'larpiKal, Collecta Mcdicinalia, of Oribasius, and also 
of his *Lvvoi\)Le, Synopsis ad Eustathium, treat of this 
subject. — Palladius, Hepi Hvperuv "Zvvrop.oc livvoipic, 
De Febribus Concisa Synopsis. — Aetius, Bc6Xta 'la- 
rpiKu 'FjK.KaideK.ci, Libri Medicinalcs Sedecim. — Alex- 
ander Trallianus, Bi6?ua 'larpiKU AvoicaideKa, Libri 
de Re Medico, Duodecim. — Paulus iEgineta, 'Ettcto- 
uije 'larptKFjc Bi6Xia "E7rra, Compendii Medici Libri 
Septem, of which great part relates to this subject. 
— Theophanf.s Nonnus, 'ETUTOfirj tt}c 'larpiKfjc 'A7rd- 
ctjc Tixvrjg, Compendium Totius Artis Medica. — 
Synesius, Hepl Uvperciv, De Febribus. — Joannes Ac- 
luarius, Methodus Medendi. — Demetrius Pepago- 
menus, Hepi Hoddypac, De Podagra. — Celsus, De 
Medicina, in eight books, of which great part treat 
of this subject. — Caelius Aurelianus, Celerum Pas- 
sionum Libri iii. — Id., Tardarum Passionum Libri 
■>. — Serenus Samonicus, Dc Medicina Pracepta Salu- 
herrima, a poem on the art of Healing. — Theodorus 
Priscianus, Rerum Medicarum Libri iv. To which 
list may be added (though somewhat later than the 
period treated of in this work) the celebrated Regi- 
men Sanitatis Salernitanum, of which more than 
twenty editions were published in the fifteenth cen- 
tury, and more than forty in the sixteenth. 
THERAPON (depuKuv). ( Vid. Helotes.) 
THERIACA (-&r]piaKTj), a word properly applied, 
according to Galen, 1 to preparations that would cure 
the bite of wild beasts (dnpiuv), as those which 
were meant as antidotes to other kinds of poisons 
(toic 6n?inTTjpi.oLc) were properly called akdzLfydpfiaKa* 
The most celebrated of these preparations was the 
Theriaca Andromachi, invented by the physician to 
the Emperor Nero, which was nearly the same as 
that which was composed by Mithradates, king of 
Pontus, the receipt for which was said to have been 
found among his papers, after his death, by Pompey. 
This was published at Rome, under the title of An- 
tidotum Mxthradatium. But as the various receipts 
for the preparation of this famous remedy differ 
from each other very widely, the probability is, says 
Dr. Heberden, that Mithradates was as much a 
stranger to his own antidote as several eminent 
physicians have since been to the medicines that are 
daily advertised under their names. It was asserted 
that whoever took a proper quantity of this prepara- 
tion in the morning was ensured against the effects 
of poison during the whole of that day, and this, we 
are told by Galen, 3 was regularly done by the Em- 
peror Marcus Aurelius. It was farther stated that 
Mithradates himself was so fortified against all 
baneful drugs, that none would produce any effect 
when he attempted to destroy himself* In the 
course of ages it underwent numerous alterations. 
According to Celsus, who first described it, 5 it con- 
tained only thirty-six simples ; Andromachus added 
the flesh of vipers, 6 after cutting off the head and 
tail, 7 and increased the number of ingredients to 
seventy-five. These, and the method of putting 
them together, he handed down to posterity in a 
Greek poem, consisting of one hundred and seventy- 
four hexameter and pentameter lines, which has 
been preserved by Galen, 8 and has several times 
been published separately. When thus improved, 
Andromachus called it yaXijvn, 9 but in Trajan's time 
it obtained the name of Theriaca, either from the 



1. (Comment, in Hippocr. Libr., " De Alim.," y 7, torn, xv., p. 
27'J, ed. Kuhn.) — 2. (Conf. Gal., Comment, in Hippocr. Libr. vi., 
" De Morb. Vulgar," vi., y 5, torn, xvii., pt. ii., p. 337.)— 3. (De 
Antid., i., 1, torn, xiv., p. 3.)— 4. (Gal., 1. c. — Cels., De Med., v., 
23, y 3. — Gel!., xvii., 16. — Justin, xxxvii., 2. — Flor., iii., 5. — 
Mart., v., 76. — Dion Cass., xxxvii., 13. — Appian, DeBell. Mithr., 
c. 111.— Aurel. Vict., DeVir. lllust.,c. 76.)— 5. (1. c.)— 6. (Gal., 
De Ther. ad Pis., c. 5, torn, xiv., p. 232.) — 7. (Id. ib., c. 9, p. 
238. sq.) — 8. (De Antid., i., 6, torn, xiv., p. 32, sq. — De Ther. 
»d Pis., c. 6, 7, torn, xiv., p. 233.)— 9. (Gal., 1. c.) 



vipers in it, or rather na? e%oxyv, from its supposed 
effects in curing the bites of venomous animals. 
Damocrates differed from Andromachus with re- 
spect to some of the proportions, 1 and gave a re- 
ceipt for it in one hundred and sixty-five Greek 
iambics, which has also been preserved by Galen," 
and has been published along with his other poetical 
fragments at Bonne, 1833, 4to, ed. C. F. Harless. 
The reputation which this medicine enjoyed was 
immense ; it is mentioned by Abulfaraj, 3 and sev- 
eral Arabic physicians wrote treatises in its praise. 
It even maintained its ground in quite modern times, 
and it is only within comparatively a few years that 
it has been dismissed from the British Pharmaco- 
poeia. This was effected chiefly by the persuasion 
of Dr. Heberden, who wrote a pamphlet on the sub- 
ject, entitled Antitheriaca, 1745. It consisted latter- 
ly of seventy-two ingredients, which were arranged 
under thirteen heads : viz., Acria, of which there 
were five species ; Amara, of which there were 
eight ; Styplica (vulgo Astringentia), five in number ; 
Aromalica Exotica, fourteen ; Aromatica Indigena, 
ten ; Aromatica ex Umbelliferis, seven ; Resinosa el 
Bahama, eight ; Graveolentia, six ; Virosa (seu qua. 
Narcosin inducuni), under which head there was but 
one species, viz., Opium; Terra Insipida et Inertia, 
which comprised only the celebrated Lemnian Earth ; 
Gummosa, Amylacea, $c, four species ; Dulcia, viz., 
liquorice and honey ; and Vinum, viz., Spanish (or 
Sherry). Upon no principle of combination could 
this heterogeneous farrago be vindicated ; and the 
monstrous compound is well compared by Dr. Heb- 
erden to the numerous undisciplined forces of a 
barbarous king, made up of a dissonant crowd col- 
lected from different countries, mighty in appear- 
ance, but in reality an ineffective multitude, that 
only hinder each other.* 

THERMAE. {Vid. Baths, p. 143.) 
THERMOPO'LIUM. (Vid. Calida.) 
*THERMOS (Sep/toc), a kind of pulse, referable 
to the genus Lupinus, L., or Lupine ; about the spe- 
cies, however, there is great uncertainty. " Spren- 
gel, in the first edition of his R. H. H., set down 
the dep/Ltoc of Theophrastus for the white lupine, or 
Lupinus albus ; and in the second for the L. pilosus ; 
but Schneider is not satisfied that the characters of 
the -d-epnoc, as given by Theophrastus, agree with 
either of them. Sprengel remarks that the ■d-epp.oc 
rjfupoc of Dioscorides may be'tjither the L. hirsutus 
or pilosus. He joins Sibthorp and Smith in holding 
the Lupinus angustifolius to be the -&ipp.oc uypioc of 
Dioscorides." 5 

THESEIA (dnoela), a festival celebrated by the 
Athenians in honour of their national hero These- 
us, 6 whom they believed to have been the authoi 
of their democratical form of government. In con 
sequence of this belief, donations of bread and 
meat were given to the poor people at the Thesea, 
which thus was for them a feast at which they felt 
no want, and might fancy themselves equal to the 
wealthiest citizens. We learn from Gellius 7 that 
a contest also was held on this occasion, but we 
are not informed in what it consisted. The day on 
which this festival was held was the eighth of every 
month (byddai), but more especially the eighth of 
Pyanepsion, 6 whence the festival was sometimes 
called bydbdiov. 9 From the passages above referred 
to, compared with Diodorus, 10 it appears highl) 
probable that the festival of the Thesea was not in 



1. (Gal., De Ther. ad Pis., c. 13, torn, xiv., p 206.) — 2. (D<v 
Antid., i., 15, torn, xiv., p. 90, sq.)— 3. (Hist. Dynast., p. 63.) — 4 
(Vid. Dr. Paris's Pharmacologia, vol. i., p. 49.) — 5. (Dioscor., ii., 
132, 133.— Theophr., II. P., i., 6 ; iii., 3.— Adams, Append., s. v.) 
— 6. (Aristoph., Plut., 622, <fcc, with the schol. — Suidas, s. v 
Or/oei'oK-) — 7. (xv., 20, y 3.) — 8. (Schol. ad Aristoph., 1. e. - 
Plut., Thes., 36.)— 9. iHesych., s. v.)— 1 ) (v., 52.) 

975 



THESMOPHORIA 



THETES. 



stitutei till B.C. 469, when Cimon brought the re- 
mains of Theseus from Scyrus to Athens. 1 

THESMOPHO'RIA {G ectopia), a great festival 
and mysteries celebrated in honour of Demeter in 
various parts of Greece, and only by women, though 
some ceremonies were also performed bv maidens. 
The Attic Thesmophoria were held in the month 
of Pyanepsion, and began on the eleventh. Its in- 
troduction was ascribed by Demosthenes, Diodorus 
Siculus, and Plutarch 2 to Orpheus, while Herodo- 
tus 3 states that it was introduced into Greece from 
Egypt by the daughters of Danaus, who made the 
Pelasgian women of Peloponnesus acquainted with 
the mysteries ; that after the Dorian conquest they 
fell into disuse, and were only preserved by the 
Arcadians, who remained undisturbed in their an- 
cient seats. Thus much appears certain from the 
name of the festival itself, that it was intended to 
commemorate the introduction of the laws and 
regulations of civilized life, which was universally 
ascribed to Demeter. 4 Respecting the duration of 
the Attic Thesmophoria, various opinions are en- 
tertained both by ancient and modern writers. 
According to Hesychius, 5 it lasted four days : it has 
been inferred from Aristophanes 6 that it lasted for 
five days. Such discrepances have undoubtedly 
arisen from the circumstance that the women spent 
several days before the commencement of the real 
festival in preparations and purifications, during 
which they were especially bound to abstain from 
sexual intercourse, and for this purpose they slept 
and sat upon particular kinds of herhs, which were 
believed to have a purifying effect. 7 During this 
time the women of each demos appointed two mar- 
ried women from among themselves to conduct the 
solemnities (upxeiv elg to. QeofiofyopLa?), and their 
husbands, who had received a dowry amounting to 
three talents, had to pay the expenses for the so- 
lemnity in the form of a liturgy. 9 The festival it- 
self, which, according to the most probable suppo- 
sition, also adopted by Wellauer, 10 lasted only for 
three days, began on the 11th of Pyanepsion, which 
day was called uvodog or K&dodog, 11 from the circum- 
stance that the solemnities were opened by the 
women with a procession from Athens to Eleusis. 
In this procession they carried on their heads sa- 
cred laws {vojiifjiot, fiiftloi or dezfioi), the introduction 
of which was ascribed to Demeter Qeofiofyopog, and 
other symbols of civilized life. 12 The women spent 
the night at Eleusis. in celebrating the mysteries of 
the goddess. 13 The second day, called vnareia™ 
was a day of mourning, during which the women sat 
on the ground around the statue of Demeter, and 
took no other food than cakes made of sesame and 
honey (o7/o-a//oi>e 15 ). On this day no meetings either 
of the senate or the people were held. 16 It was 
probably in the afternoon of this day that the wom- 
en held a procession at Athens, in which they walk- 
ed barefooted behind a wagon, upon which baskets 
with mystical symbols were conveyed to the Thes- 
mophorion. 17 The third day, called KaXkiyivzia 
from the circumstance that Demeter was invoked 
under this name, 18 was a day of merriment and rail- 
lery among the women themselves, in commemora- 
tioh of Iambe, who was said to have made the god- 

J. (Meursius, Grsec. Fer., s. v. Qrjaela. — Theseus, p. 133. — 
^.jrsini, Fast. Att., ii., p. 330. — Ideler, Hist. Untersuch. ueber 
die A.stronom. Beobacht. der Alten, p. 383, &c.)— 2. (ap. Theo- 
d,>r?t.,Therap., 1.)— 3. (ii., 171.)— 4. (Diodor., v., 5.)— 5. (s. v. 
TplrrieeaiJKXpoploDV.) — 6. (Thesmoph., 80.) — 7. (Hesych., s. v. 
K.vt*opov — Etym. Magn., s. v. *Zic6op6ov. — JElian, N. A., ix., 26. 
— S-chol. ad Theocr., iv., 25. — Dioscor., i., 135. — Plin., H. N., 
X-JU", 19. — Steph. Byz., s. v. MiXvrog.)— 8. (Iseeus, De Ciron. 
herwd., p. 208, ed. Reiske.) —9. (Id., De Pyrr. hered., p. 66.) — 
10. (De Thesmoph., p. 6.) — 11." (Hesych., s. v. "Avodos.)— 12. 
(Schol. ad Theocr., xiv., 23.)— 13. (JEn. Tact., Polior., 4.) — 14. 
(Athen., vii., p. 307.) — 15. (Avistoph., Thesmoph., 535; Pax, 
620.)^16. (AristoDh., Thesm., 79.)— 17. (Id. ib., 276, &c.) — 18. 
Id. ib., 296.) 

976 



less smile during her grief. 1 Hesychius mentions 
a sacrifice called typta, which was offered to the 
goddess as an atonement for any excess or error 
which might have been committed during the sa- 
cred days, and this sacrifice was probably offered 
at the close of the third day. 

There are several other particulars mentioned by 
ancient writers as forming part of the Thesmopho- 
ria, but we are not able to ascertain in what man- 
ner they were connected with the festival, or on 
what day they took place. 

Thesmophoria were also celebrated in many oth- 
er parts of Greece, as mentioned above. The prin- 
cipal places where they are mentioned by ancient 
authors are the following : Sparta, where the fes- 
tival lasted three days ; 2 Drymaea in Phocis ; 3 
Thebes in Bceotia ;* Miletus ; 5 Syracuse ; 6 Eretria 
in Eubcea ; 7 Delos ; 8 Ephesus ; 9 Agrigentum ; 10 and 
other places. But of their celebration in these 
towns we know no more than a few isolated partic- 
ulars, which are mentioned in the passages referred 
to. 11 

THESMOS (deofioi). ( Vid. Nomos, p. 663.) 
THESMOTHETAI {^eaiioderaL). ( Vid. Archon.) 
THE'TES (drjreg). In earlier times this name 
denoted any freemen who worked for hire (ol evena 
TpocpTJg dovTievovreg ; 12 eXevdepuv ovofia dia Treviav eif 
apyvpiu dovTievovruv 13 ). Homer 1 * speaks of -&fjreg re 
6fj.ueg re, the latter properly signifying those who 
became slaves by captivity. They are to be dis- 
tinguished not only from all common slaves, but 
also from those persons who were in the condition 
of the Penestae or Helots. 15 The persons best 
known by the name of dr/reg are the members of 
the fourth or lowest class at Athens, according ta 
the political division of Solon (B.C. 594). Among 
other changes, he effected one of great importance,, 
by abolishing, or at least abridging, the distinc- 
tions of caste or birth, and introducing in lieu ol 
them distinctions of property. He distributed the 
people of Attica into four classes : the first consist- 
ing of those whose land afforded an annual income 
of 500 medimni of dry produce, or metreies of liquid, 
hence called 7TevraKoaLOfj.e6Lfj.vot.; the second of those 
whose annual profits were 380 ; the third, whose 
profits were 150 ; the fourth consisting of those 
whose incomes were less than 150. The fourth 
class, comprehending all the poor and labouring 
part of the citizens, were called -&fjreg. To each 
class were assigned certain rights and privileges 
on the one hand, and certain duties and liabilities 
on the other. As to the mode of taxation, see Eis- 
phora. The highest civil offices and military com- 
mands were reserved for the members of the first 
class. The second and third were appointed to 
form the national militia, the former constituting 
the cavalry, the latter the heavy-armed infantry ; 
and certain minor civil offices were open to them. 
The lowest class w T as exempted from all direct tax- 
ation, and also excluded from all honours and dig- 
nities. In war they served as light troops (i/^Aoj), 
and, when naval service was required, as rowers 
in the ships. They, however, were admitted to 
vote in the eKKXrjala, or general assembly, where 
magistrates were elected, and various other impor 



1. (Ariatoph., Thesm., 792 ; Ran., 390.— Hesych., s. v. Yr/ivta 
—Phot., Lex., p. 397.— Apollod., i., 5, t> 1.) — 2. (Hesych., s. v 
TpifiuEpoQ.)— 3. (Paus., x., 33, t) 6.— Steph. Byz., s. v. Apvfiia.) 
— 4. (Plut.,Pelop., p. 280.-Xen., Hell., v., 2, $ 29.)-5. (Steph 
Eyz., s. v. MiXrjTOS— Diog. Laert., ix., t> 43.)— 6. (Athen., xiv., 
p. 647.)— 7. (Plut., QusBst. Gr., p. 298, B., &c.)— 8. (Athen., in., 
p. 109.)— 9. (Strab., xiv., p. 633. — Herod., vi., 16.)— 10. (Pol 
yam., v., 1, 1.)— 11. (Meursius, Grac. Fer., s. v. Oeatio66pia- 
Wellauer, De Thesmoph., Wratislav., 1820, 8vo. — Creuzer 
Symbol., iv., p. 440, &c. — Preller, in Zimmermann's Zeitschrift, 
1835, n. 98 ; and in general, Wachsmuth, Hellen. Alt., ii., 2, p. 
248, &c.)— 12. (Photius, s. v.)— 13. (Pollux, Onom., hi., 32.)— 
14. (Od.. iv., 644; xviii., 356.)— 15. (Wachsmuth, ib. I., i., 235. 
255, 322.— Schomann, Ant. Jur. Pub. Gr., 70 } 




I'HETES 



tant matters determined, though tne business of the 
assembly was placed under the control of the senate 
of Four Hundred, and could not be held without its 
authority. Another important privilege conferred on 
the lowest class was the right of sitting as dicasts 
in the heliastic court, for which no farther qualifi- 
cation was requisite than that the party should be 
thirty years of age, and possessed of his full legal 
franchise. (Vid. Dicastes.) Before the time of 
Solon, all judicial power was vested in the superior 
magistrates. He first gave an appeal from their 
decisions to a court composed of a large number 
of citizens, which in process of time became the 
regular tribunal for the hearing of all civil causes, 
the superintendence or direction thereof (rj-ye/iovia 
SiKaoTTipiov) being alone reserved to the magistrate. 
Such was the political condition of the lower class- 
es at Athens as established by Solon. After his 
Lime a variety of causes operated to increase the 
power of the lower classes. Among these we may 
reckon, first, the reforms introduced by Clisthenes, 
who created the dq/ioi, altered the tribes, subdivi- 
ied the heliastic court, broke the old aristocratical 
connexions, and increased the number of citizens 
by enfranchising aliens and slaves. Secondly, the 
Persian war caused the downfall of many wealthy 
families, who lost their possessions by the capture 
and sacking of the city ; whereas the lower order 
of people, who served in the fleet, became elevated 
by their success, and rose in estimation by the val- 
ue of the services they had rendered. This led to 
a measure which is said to have been passed by 
Aristides, which enabled the poorest citizen to as- 
pire to the highest honours of the state ; after 
which, all distinction of classes was gradually abol- 
ished ; though a certain fortune appears to have 
been still requisite for the office of archon, if the 
question asked at the examination previous to his 
admission, el to TcfiTjfj.a ovtC) eot'iv, had not become 
a mere form. 1 Trade and commerce increased the 
number of operative citizens, brought large crowds 
of seamen and idlers into the Piraeus and the city, 
who turned their attention to the public assemblies, 
where their numbers gave them a preponderance 
in the suffrage. The attendance of the poorer peo- 
ple in the ecclesia was still farther encouraged by 
a law which was introduced by Callistratus after 
the time of Pericles, by which every person who 
attended received a certain fee, first an obol, and 
afterward raised to three obols, called fxiadbg ek- 
KArjrjLcioTiKoq. 2 The remuneration given to the di- 
casts (an obol by the law of Pericles, but raised to 
three obols by Cleon) had the same effect as the 
assembly fee. The whole power of the state, judi- 
cial and administrative, which already resided in 
the multitude in theory, soon came to be exercised 
by them in practice, when (besides their natural 
love of power) they were stimulated to take upon 
themselves the performance of these duties by the 
prospect of immediate reward. The establishment 
of the theoric fund (vid. Theorica) was another 
measure of democratic tendency, as it helped to 
maintain the idle poor at the public expense, and 
enabled them to interfere in state business. That 
the authority of the court of Areopagus, as well as 
that of the senate of Five Hundred, should be di- 
minished, was the natural consequence of the meas- 
ures and changes above mentioned. To trace the 
events, political and moral, which ensued from the 
democratic movements of the Athenians, belongs 
to history. 3 

1. (Pollux, Onom., viii., 86.)— 2. (Bockh, Staatsh. der Ath., i., 
245.)— 3. (Wachsmuth, F., ii., 26, 30, 150, 158. -Schumann, De 
Comit., pref., x., xviii.— Antiij. Jur. Publ. Gr., 174, 253.— Thirl- 
wall, Hist of Greece, ii., p. 37-44, 73, 374 ; iii., p. 67.— Pfckh, 
Staatsh., &<:., i., 250, 277 ; ii., 28-36. — Harpocral and S. idas, 
» v. 0/JT£j ami crjr iK'h ) 

6 H 



THORIA LEX. *> 

The name of d^Goa was also given to a poof 
heiress at A1 hens, whom the next of kin was obli- 
ged to marry, or give her a suitable portion. (Vid. 
Suidas* and Epiclerus.) ■ 

THFASOS (-&iaaog) signifies any company or as- 
sembly of persons met together for a religious pur- 
pose, such as' a choir of bacchanals or dancers, a 
party met to celebrate a festival, &c. (lepoc x°P^ 
aird tov tieetv, rj utto tov 'evQovglqv ' to u0poi£6{xevov 
7r/U?0of em teXei nal Tifiy &eov. 2 Compare Dionysia, 
p. 363.) The word appears to be derived from vide, 
the Doric for ^eog. Each member of a diaaoc was 
called dLacuTTis. In the democratic states of Greece 
there were religious associations called diaaoi, who 
clubbed together, kept a common fund, purchased 
land, &c, for religious purposes. 3 (Vid. Eranos.) 

THO'LOS (i?6Aof, 6 and #, also called onidc) is 
a name which was given to any round building 
which terminated at the top in a point, whatever 
might be the purpose for which it was used. 4 At 
Athens the name was in particular applied to the 
new round Prytaneum near the senate-house, which 
should not be confounded with the old Prytaneum 
at the foot of the Acropolis. 5 It was therefore the 
place in which the prytanes took their common 
meals and offered their sacrifices. It was adorned 
with some small silver statues, 6 and near it stood 
the ten statues of the Attic ettuvv/iol. ( Vid. Epony- 
moi, Prytaneion.) 

Other Greek cities had likewise their public #6 
lot : thus we find that Polycletus built one of white 
marble at Epidaurus, the inside of which was adorn- 
ed with paintings by Pausias. It was originally 
surrounded by columns, of which in the days of 
Pausanias six only were standing, and upon these 
were inscribed the names of such persons as had 
been cured of some disease by Asclepius, together 
with the name of the disease itself, and the manner 
in which they had obtained their recovery. 7 

THORAX. (Vid. Lorica.) 

THO'RIA LEX. This agraria lex is the subject 
of a very elaborate essay by Rudorff, " Das Acker- 
gesetz des Spurius Thorius, Zeitschrift, vol. x." 

This lex was engraved on the back part of the 
same bronze tablet which contained the Servilia 
lex Judiciaria, and on Repetundse. The tablet was 
broken at some unknown time, and the lower, which 
was perhaps the largest part, is now lost. Seven 
fragments of the upper part were preserved, which, 
as the tablet is written on both sides, make four- 
teen inscriptions, which were published by Fulvius 
Ursinus : the first five of the inscriptions, as they 
are numbered by him, belong to the lex Thoria, and 
the last seven to the lex Servilia. The largest 
and most important of the fragments are now in 
the Museo Borbonico. Their history is traced and 
their present condition described by RudorfF with 
great minuteness. Two of the fragments were 
copied by Sigonius. when they were in the Museum 
of Cardinal Bembo ; and the copy of the two frag- 
ments of the lex Thoria, and also the copy of the 
two fragments of the lex Servilia, are printed in the 
work of Sigonius, De Antiquo Jure Populi Romani, 
Libri Undecirn, Bononiae, 1574. 

The title of this lex does not appear from the 
mutilated inscription, but Rudorff show? that the 
lex belongs to the period between the consulship 
of P. Cornelius Scipio Nasica and L. Calpurnius Piso 
Bestia, B.C. Ill, and that of L. Julius Caesar, B.C. 
90, within which space of tw T enty-two years five 
agrarian laws were enacted, Boria, Thoria, Marcia, 
Apuleia, and Titia. It farther appears, from com 




THOS 



THRONUS 



"aving two passages of Cicero, 1 in which he speaks 
of the lex Thoria, with the fragments of this lex 
whose title is lost, that the fragments are those of 
the lex Thoria. Now the date of the lex Thoria is 
fixed, by RudorfFat the year of the city 643, or B.C. 
Ill, which is, consequently, the date of the lex on 
the bronze tablet, thus identified with the lex Tho- 
ria. Proceeding on the assumption that the frag- 
mentary lex was the plebiscitum called the lex 
Thoria, Sigonius restored the beginning of it ac- 
cording to the usual form of Roman plebiscita : Sp. 
Thorivs . . . F. Tr. PL Plebem ivre rog. Plebesque 
ivre scivit Tribvs .... Principvm fvit pro tribv Q. 
Fabivs. Q. F. primvs scivit. 

The history of this inscription is curious. It w r as 
not cut on the rough back of the bronze tablet till 
after the other side, which is smooth, had been oc- 
cupied by the Servilia lex. The Servilia lex is cer- 
tainly not of earlier date than the year of the city 
648, or B.C. 106, and, consequently, the Thoria could 
not have been cut on this tablet before the year 648. 
It seems that the tablet was large enough for the 
lex Servilia, for which it was intended, but much 
too small for the agrarian law : " consequently, the 
characters of the agrarian side of the tablet are re- 
markably small, the lines narrow, the abbreviations 
numerous, and the chapters only separated by two 
or three points, whereas on the other side the let- 
ters are uniform, large, and well made, the lines 
wide, the words written at full length, and the chap- 
ters of the lex separated by superscriptions. Far- 
ther, the lines (of the Agraria lex) are often so ob- 
lique that they cross the straight lines on the oppo- 
site side, which are cut very deep, and, consequent- 
ly, are visible on the side on which the agrarian lex 
is cut." (RudorfT.) 

The subject-matter of this lex cannot be stated 
without entering into detail : the whole is examined 
by Rudorff with great care. The main subject of 
the lex, to which the first eighteen chapters or forty- 
three lines refer, is the public land in Italy as far as 
the rivers Rubico and Macra. The second part of 
the lex begins with the nineteenth chapter and the 
forty-fourth line, and extends to the fiftieth chapter 
and the ninety-sixth line : this part of the lex re- 
lates to the public and private land in the province 
of Africa. The third and last part of the lex, from 
the fiftieth chapter and the ninety-sixth line to the 
end of the inscription, relates to the Roman public 
land in the territory of Corinth. 

Rudorff concludes that the lex applied to other 
land also, and for two reasons. First, the Roman 
agrarian laws of the seventh century of the city 
related to all the provinces of the Empire, of which 
we have an example in the case of the lex Servilia 
of Rullus. Secondly, the fragment of the lex Tho- 
ria which is preserved is so broad compared with 
the height, that we may conclude that the complete 
tablet contained three times as much as it does 
now ; for nearly all the bronze tablets on which Ro- 
man laws are cut are of an oblong form, with the 
height much greater than their width. Of the two 
thirds of the tablet which it is concluded have been 
lost, not a trace has yet been discovered. 

The essay of Rudorff contains a copy of the in- 
scription, with his restoration of the passages that 
are defaced. The value of this attempt can only be 
estimated by an investigation as complete as that of 
the author. 

*THOS (#<jc). * Hardouin," remarks Adams, 
" upon the authority of Bochart and others, holds 
the improbable opinion that the Thos was the Papio 
or Baboon. Buffon concludes, with greater prob- 
ability,' that it was the Canis aureus, L. ; he main- 
tains, however, that it is not the same as the Lupus 



urvarius, although generally held to be so. The 
Lupus cervarius is, as he remarks, the same as the 
Chaus of Pliny, which is our lynx or stag- wolf, no 
character of which agrees with the Thos.' n 

THRANFTAI (dpavlrai). (Vid, Ships, p. 893.) 

THRACES. {Vid. Gladiatores, p. 477.) 

*THRAUPIS (dpavrcic), the name of a bird men. 
tioned by Aristotle, and the same, probably, with the 
Goldfinch, or Fringilla carduelis* 

*THRAU'PALUS (dpaviraloc), a plant, eithei 
the Viburnum lantana, Mealy Guelder-rose or Way- 
faring-tree according to Sprengel, or the Viburnum 
opulus, common Guelder-rose or Water-elder ac- 
cording to Stackhouse. 3 

*THRIDAX, the Lettuce. (Vid. Lactuca.) 

*THRIDACTNE. (Vid. Lactdca.) 

*THRISSA (tiptoca), a species of fish, the Clupea 
alosa, or Shad. Ausonius states that in his time it 
was used only by the lower ranks for food.* 

THRONUS, the Greek -&povog, for which the 
proper Latin term is solium, a Throne. This did 
not differ from a chair (nadedpa) (vid. Cathedra, 
Sella) except in being higher, larger, and in all re- 
spects more magnificent. 5 On account of its eleva- 
tion, it was always necessarily accompanied by a 
footstool (subsellium, v7ro7i6dtov, Alt. -ftpaviav, Ion. 
^pf/vvq 6 ). Besides a variety of ornaments, espe- 
cially nails or studs of silver, bestowed upon the 
throne itself, it was often covered with beautiful and 
splendid drapery. 7 (Vid. Tapes.) The accompa- 
nying woodcut shows two gilded thrones, with 




cushions and drapery, represented on paintings 
found at Resina. 8 These were intended to be the 
thrones of Mars and Venus, which is expressed by 
the helmet on the one and the dove on the other. 

All the greater gods were sometimes represented 
as enthroned, especially Jupiter, Juno, Mars, Venus, 
Minerva, Diana, Ceres, Cybele, Neptune, JEscula- 
pius, and Apollo. This was in imitation of the 
practice adopted by mortals, and more particularly 
in Asia, as in the case of Xerxes 9 and of the Par- 
thians. 10 When the sitting statue of the god was 
colossal, the throne was, of course, great in propor- 
tion, and consequently presented a very eligible field 
for the display of sculpture and painting. As early 
as the sixth century before Christ, Bathycles of 
Magnesia thus decorated the throne of the Amy 
claean Apollo. Instead of legs, it was sustained 
both before and behind by four statues, representing 
two Graces and two Hours. It was elevated upon 
a basement (j3ddpov). Being of the size of a con- 
siderable temple, and open all round so that persons 
might walk under it, it was covered with bas-re- 
liefs both outside and inside. Not less than fifty oi 
sixty mythological subjects were thus displayed in 
separate compartments, besides many distinct fig- 



1. (De Or., li 
978 



*9 and Brutus, 36. 



1. (Hardouin ad Plin., viii., 52.— Aristot., H. A., ii., 12.— Id 
ib., vi., 29.— Adams, Append., s. v.)— 2. (Aristot., H. A., viii 
5.)— 3. (Theophrast., II. P., iii., 6.— Id. ib., iv., 1.— Adams, Ap 
pend., s. v.)— 4. (Aristot., H. A., ix.,32.— ^ELian, N. A., vi., 32 
—Adams, Append., s. v.)— 5. (Athen., v., p. 192, e.)— 6. (Horn. 
II , xiv., 240.— Od., i., 131.— Ib., x., 315.)— 7. (Horn., Od., xx 
]50.)— 8. (Ant. d'Ercol., i, tav. 29.)— 9. (Philostr , Imag , ii., 
3 j )_10. (Claud, in iv. Cou Honor., 214.) 



THYMALLUS. 



THYNNUS. 



ties placed about it. 1 The throne of the Olympian 
Jupiter, the work of Phidias and Panaenus, was 
constructed and ornamented in a similar manner, 
but was closed instead of being open all round, and 
consisted of the most valuable materials, viz., ivo- 
«y, ebony, gold, and precious stones. 8 As a chair 
for common use was sometimes made to hold two 
persons, 3 and a throne shared by two potentates 
{didpov*), so two divinities were sometimes sup- 
posed to occupy the same throne. 5 Besides those 
belonging to the statues of the gods, the thrones 
of monarchs were sometimes deposited in the tem- 
ples as Donaria. 6 
The following woodcut, taken from a fictile vase 




in the Museo Borbonico at Naples, represents Juno 
seated on a splendid throne, which is elevated, like 
those already described, on a basement. She holds 
in her left hand a sceptre, and in her right the 
apple, which Mercury is about to convey to Paris 
with a view to the celebrated contest for beauty on 
Mount Ida. Mercury is distinguished by his Tala- 
kia, his Caduceus, and his petasus thrown behind 
his back and hanging by its string. On the right 
side of the throne is the representation of a tigress 
or panther. 

The elevated seat used by a schoolmaster was 
called his throne. 7 

*THUS. (Vid. Libanotus.) 

*THYA (&va, dvia, -&veia), a species of tree, 
the timber of which was fragrant. " Botanical 
authorities agree in referring it to the Arbor vita ; 
that is, either to the Thya aphylla according to 
Stackhouse, or the Thya articulata according to 
Sprengel. Most probably it is the &iov of Homer." 8 

•THYFTES LAPIS. "Galen," says Adams, 
"describes the Thyites of Dioscorides as being of a 
greenish colour, like jasper. It would appear that it 
was a variety of turquoise, but not the kind in com- 
mon use. It is the callais of Pliny, and hence the 
turquoise is called by Fisher and Jameson ctdlaite."' 

•THYMALLUS (^vfiaUoc), a species offish, the 
Salmo Thymallus, L., called in English the Grayling 
sr Umber. " The Umbra of Ausonius would ap- 
iezi to have been a variety of it. Artedi makes the 
&vfia?uXoc to have been a species of Coregenus ; but 
the learned writer of the article on Ichthyology in 
the Encyclopedic Methodique, and Schneider, in his 
commentary on Julian, rank it as a species of Salm- 
on. Daniell says that the name Thymallus is given 
to this fish on account of an imaginary scent pro- 
ceeding from it, resembling thyme, and that it is 



1. (Paus., Hi., 18, t) 6-19, $ 4.— Heyne, Ant. Aufsfttze, i., p. 1- 
114.)— 2. (Paus., v., 11, (, 2-4.)— 3. (Horn., II., iii., 424.— Od., 
xvn.,330.)— 4. (Dorisap.Athen.,i.,p.l7,/.)— 5. (raus., viii.,37, 
2_.)— 6. (Paus., ii., 19, t> 4; v., 12, t> 3.)— 7. (Bruuck, Anal.,ii., 
41..;— 8. (Theophrast., H. P., i.,9.— 1J. ib., iii., 4.)— 9. (Dios- 
cor.. v., 154.— Plin., H. N., xxxvii., 68-— Adams, Append., s. v.) 



more appropriately called Umbra, f.'om its being so 
swift in summer as to disappear like a passing 
shadow." 1 

•THYMBRA (dvfxtpa), a plant. "Stackhouse 
seems to be the only authority who refers it to the 
Thymbra capitata ; all the others are satisfied that it 
is the Satureia Thymbra, or Savory. Aristophanes 
alludes to the use of savory as a condiment." 2 

•THYMEL.EA (&vfie?iaia). "Modern botanists," 
says Adams, " by a frequent change of names, have 
occasioned some difficulty in determining accurate- 
ly to which genus and species the d-v/xE/.aia is to be 
referred. It was most probably the Daphne Cnidium, 
or Flax-leaved Daphne. Botanists call this tribe 
of plants Thymeleiz. The fruit of the ■&vp.zkala is 
usually named kokkoc Kvidioc.'' 3 

THYM'ELE (fliyxe'Ajf). ( Vid. Theatrum, p. 968. 

•THYMUS (tivfioc), the Thymus vulgaris, or Com 
mon Garden Thyme, according to most authorities 
Matthiolus alone suggests that it is the Thymus 
Creticus, which is the Satureia capitata, L.* 

•THYNNUS (dvvvoc), a fish, the Scomber Thyn- 
nus, L., Spanish Mackerel, Albicore, or Tunny-fish. 
According to Coray, its French name is Thorr 
" The tunny is one of the largest sea fishes. Aris- 
totle speaks of an old individual which weighed fif- 
teen talents, or twelve hundred pounds, and which 
measured two cubits and a palm from one point to 
another of the caudal fin. This measure, too, is a 
correction of Gaza's in his first editions, and after 
Pliny. The majority of the manuscripts of Aris 
totle say five cubits, and Hardouin, always prone to 
paradox, believed that it was Pliny who ought to 
have been corrected. Five cubits for this part 
would give a length of at least twenty or twenty- 
two feet for the entire fish. The fishery of the 
tunny dates from the highest antiquity. Euthyde- 
mus even attributes some verses to Hesiod, in which 
he describes the trade and exportation of it. Bui 
Athenaeus, who quotes them, proves, at the same 
time, that they must of necessity have been the 
production of a much later poet. It was more es- 
pecially at the two extremities of the Mediterrane- 
an, at the places where this sea contracts its chan- 
nel, and where the migratory fishes are forced to 
come more closely in contact with each other, that 
the largest tunny-fisheries took place. In the East, 
the Black Sea presented these fish with an abundanl 
degree of aliment, in consequence of the number of 
rivers which run into it. They repaired thither in 
crowds in the spring-time for the purpose of spawn- 
ing, and Aristotle even believed that they did not 
multiply elsewhere. They remained there during 
the summer, and it was on their passage to the 
Bosporus that such rich captures were made of 
them. According to the very detailed account of 
Strabo, their reproduction took place in the Palua 
Maeotis. They followed the coast of Asia Minor, 
and the first were taken at Trebizonde and Pharna- 
cia ; but they were then but small. At Sinope they 
had already attained a size large enough for salting ; 
and that town, built upon an isthmus, and admira- 
bly situated for this fishery, derived immense profit* 
from it. But it was more especially the city of 
Byzantium that was enriched by this fish. Th# 
shoals of them that entered into the Bosporus, near 
Chalcedon, met with a white rock which terrified 
them, and induced them to turn on the side of By- 
zantium, and to enter into the bay which now forms 
the port of Constantinople. This prodigious quan- 
tity of fish still arrives at Constantinople at the 
present day, as in the time of the ancients. Gyllius 

1. (^Elian, N. A., xiv.. 22.— Id. ib., xii., 49. --Daniell, Run* 
Sports, vol. ii., p. 246.)— 2. (Theophrast., C. *"»., iv., 3.— Die*- 
cor., iii., 39. — Aristoph., Nub., 1.450. — Adams, Append., s. v.)— 
3. (Dioscor., iv., 170. — Paul. JEgm., rii„ J. — Adams, Apjend 
) s. v.) — 4. (Theophrast., H. P., iv.. 3. — Dioscor.. iii., 38.) 

979 



THYRSUS. 



TIARA. 



speaks of them in terms well calculated to excite 
astonishment. The tunny-fishery was still more 
ancient in the West. The Phoenicians had estab- 
lished it very early on the coasts of Spain, and 
orosecuted it with great activity, both without and 
within the columns of Hercules. Accordingly, we 
ind the tunny appear on the Phoenician medals of 
Cadiz and Carteia. From that period this species 
of industry was extended and perpetuated along 
these coasts. The salted preparations of fish of 
Spain, as well as of Sardinia, were considered in 
the time of the Romans as much more tender and 
of a more agreeable flavour than those of Byzanti- 
um. These preparations, too, sold at a higher price. 
Their savoury quality was attributed to the quantity 
of acorns which fell from a small species of oak 
very common on these coasts ; and the people were 
led to believe that it was at the bottom of the sea 
itself that the oaks grew which produced these 
acorns, but which, in all probability, are nothing but 
fucus. The tunnies which removed farther towards 
the Straits of Gibraltar became more and more thin, 
because they no longer found this sort of aliment. 
Strabo, in his Geography, carefully marks the places 
where men were 4 stationed to give notice of the arri- 
val of these fish, in the very same manner as is done 
in our own times. These stations were called &vv- 
ocTKoireia, 'look-out places for tunnies.' The fish- 
ery was carried on very nearly in the same way as 
in our days. The description given us by iElian of 
that which took place along the coasts of the Eux- 
ine entirely resembles what is reported by Duhamel 
jf the tunny-fishery as practised at Collioure. Par- 
ticular names were given to the tunnies of different 
dges. The Scordyla, or, as it was called at Byzan- 
tium, Auxis, was the young tunny, when it first is- 
sued from the Euxine Sea in autumn. The Pela- 
mys was the tunny in a more advanced age, when 
it returned to that sea in the spring. The very 
large tunnies bore the name of Orycni, and there 
were some so gigantic as to have been ranged 
among the cetacea. These large orycni, according 
to Dorion in Athenaeus, were considered to come 
from the ocean. This was the reason why there 
were more of them near the coasts of Spain and in 
the Tuscan Sea, and it was supposed that they did 
not return into the more Eastern seas. In modern 
times, the tunny-fishery, without having diminished 
in product, is almost concentrated in the interior of 
the Mediterranean. It is no longer carried on upon 
a grand scale at Constantinople, nor on the Black 
Sea, since the establishment of the Turks in those 
fine countries. The fisheries on the coast of Spain, 
without the Straits, were supported for a longer 
time. Those of Conil, near Cadiz, and of the cas- 
tle of Sara, near Cape Spartel, were particularly 
celebrated, and produced great revenues to the 
Dukes of Medina and Sidonia, their privileged pro- 
prietors. More than five hundred men were em- 
ployed in them ; but they are now fallen into decay, 
partly through bad management, and partly, as is 
said, because the earthquake, which destroyed Lis- 
bon in 1755, has changed the nature of the coast, 
and determined the tunnies to seek in preference 
the shores of Africa. At the present day, it is in 
Catalonia, in Provence, in Sicily, Sardinia, and Li- 
guria, that this fishery is most actively carried on, 
and yields the most abundant results." 1 

THYRSUS (dvpooc), a pole carried by Bacchus, 
and by Satyrs, Maenades, and others who engaged 
in Bacchic festivities and rites. 8 (Vid. Dionysia, 
p. 363.) It was sometimes terminated by the apple 
of the pine or fir-cone (Kovo<j>6poc 3 ), that tree (rrevKn) 
being dedicated to Bacchus in consequence of the 

1. (Griffith's Cuvier, vol. x., p. 335, &c.) — 2. (Athen., xiv., p. 
S31, a.— Veil. Paterc, ii., e»"2.) — 3. (Brunck, ADal., i.. 421.) 
980 



use of the turpentine which flowed from it, and also 
of its cones in making wine. 1 The monuments 01 
ancient art, however, most commonly exhibit, in- 
stead of the pineapple, a bunch of vine or ivy leaves,' 
with grapes or berries, arranged into the form of a 
cone. The annexed woodcut, taken from a marble 




ornament, 3 shows the head of a thyrsus compost d 
of the leaves and berries of the ivy, and surrounded 
by acanthus-leaves. Very frequently, also, a white 
fillet was tied to the pole just below the head, in 
the manner represented in the woodcut on p. 96, 
where each of the figures holds a thyrsus. in her 
hand. See also the woodcut to Funambulus.* (Vid. 
Instita.) The fabulous history of Bacchus re- 
lates that he converted the thyrsi carried by himself 
and his followers into dangerous weapons, by con- 
cealing an iron point in the head of leaves.* Hence 
his thyrsus is called "a spear enveloped in vine- 
leaves," 6 and its point was thought to incite to 
madness. 7 

TIA'RA or TIA'RAS (jiapa or ndpac, Att. xvp- 
6acia*), a hat with a large high crown. This was 
the headdress which characterized the northwest- 
ern Asiatics, and more especially the Armenians,' 
the Parthians, and the Persians, 10 as distinguished 




from the Greeks and Romans, whose hats fitted titu 



1. (Walpole's Memoirs, vol. i., p. 235.)— 2. (Ovid, Met., xi., 
27, 28.— Propert., iii., 3, 35.)— 3. (Mon. Matth., ii., tab. 86.)— 
4. (Statius, Theb., vii., 654.)— 5. (Diod. Sic, Hi., 64.— Id., iv., 
4.— Macrob., Sat., i., 19.)— 6. (Ovid, Met., iii., 667.)— 7. (Hor., 
Carm., ii., 19, 8.— Ovid, Amor., iii., 1, 23.— Id. ib., iii., 15, 17.— 
Id., Trist., iv., i., 43.— Brunck, Anal., iii., 201.— Orph., Hymn., 
xlv., 5.— Id., 1., 8.)— 8. (Mceris, s. v.— Herod., v.. 49.— Id , vii., 
64.— Aristoph., Aves, 487.)— 9. (Xen., Cyrnp.,i., <> 13.— Sueton. 
Nero, 13.)— 10. (Herod., iii., 12 — Philostr. Sen., Imsg., ii 31 • 
Plaut., Pers., iv., 2, 2.) 



tibia. 



TIBIA. 



'lead, or had only a low crown. The Mysian hat, 
or ** Phrygian bonnet," as it iy now called (vid. Pi- 
leup, p. 778), was a kind of tiara, 1 formed with 
lappets to be tied under the chin, 2 and dyed purple. 8 

The King of Persia wore an erect tiara, while 
those of his subjects were soft and flexible, falling 
on one side. 4 He was also distinguished by the 
splendid colours of his tiara, 5 and by a Diadema 
which encircled it, and which was variegated with 
white spots upon a blue ground. The Persian name 
$Dr this regal headdress was cidaris 6 (iddapic or Kira- 
utf 7 ). The preceding woodcut shows the cidaris as 
represented on a gem in the Royal Cabinet at Paris, 
and supposed by Caylus to be worn by a sovereign 
of Armenia. 8 From a very remote period 9 down to 
the present day, the tiara of the King of Persia has 
been commonly adorned with gold and jewelry. 

TIBIA (aiAog), a Pipe, the commonest musical 
instrument of the Greeks and Romans. It was 
very frequently a hollow cane perforated with holes 
in the proper places. 10 In other instances it was 
made of some kind of wood, especially box, and 
was bored with a gimlet (terebrato buxo 11 ). The 
Phoenicians used a pipe, called gingrus or avAog 
ytyypaivog, which did not exceed a span in length, 
and was made of a small reed or straw. 13 The use 
of the same variety in Egypt is proved by specimens 
in the British Museum, which were discovered in 
an Egyptian tomb. 

When a single pipe was used by itself, the per- 
former upon it, as well as the instrument, was call- 
ed monaulos, 13 povavAog. 1 * Thus used, it was much 
in fashion at Alexandrea. 18 When its size became 
considerable, and it was both strengthened and 
adorned by the addition of metallic or ivory rings, 16 
it must have been comparable to the flageolet, or 
even to the clarionet of modern times. Among the 
varieties of the single pipe, the most remarkable 
were the bagpipe, the performer on which was 
called utricularius n or da/cauA^f, 19 and the avXog ttau- 
ytog or TZAayiav/^, 19 which, as its name implies, 
had a mouthpiece inserted into it at right angles. 
Its form is shown in a restored terminal statue of 
Pan in the Townley collection of the British Muse- 
um. Pan was the reputed inventor of this kind of 
tibia, 20 as well as of the fistula or Syrinx. 

But among the Greeks and Romans it was much 
more usual to play on two pipes at the same time. 
Hence a performance on this instrument (tibicini- 
um il ), even when executed by a single person, was 
called canerc or cantare tibiis.** This act is exhibit- 
ed in very numerous works of ancient art, and often 
in such a way as to make it manifest that the two 
pipes were perfectly distinct, and not connected, as 
some have supposed, by a common mouthpiece. 
We see this more especially in two beautiful paint- 
ings, which were found at Resina and Civita Vec- 
chia, and which represent Marsyas teaching the 
young Olympus to play on the double pipe. 23 The 
tibia pares in the British Museum, which were found 
with a lyre in a tomb at Athens, appear to be of ce- 
dar. Their length is about 15 inches. Each of 

1. (Virg., JEn., vii., 247. — Servius ad loc. — Sen., Thyest., iv., 
1, 40, 41.— Philostr. Jun., Imag., 8 )— 2. (Juv., vi., 516.— Val. 
Flac, vi., 700.)— 3. (Ovid, Met., xi., 181.)— 4. (Herod., vii., 61.— 
Xen., Anab., ii., 5, v 23. — Id., Cyrop., viii., 3, Q 13. — Schol. ia 
Aristoph , 1. c.)— 5. (Themist., Orat., 2, p. 36, c. ; 24, p. 306, c.) 
—6. (Curt., iii., 8.)— 7. (Strabo, xi., 12, $ 9.— Pollux, vii., t> 58.) 
—8. (Recueil d Ant., t. ii., p. 124.)— 9. (^Eschyl., Pers., 668.)— 
10. (Plin., H. N., xvi., 36, s. 66.— Athen., iv., p. 182.)— 11. (Ovid, 
Fast., vi., 697.)— 12. (Athen., iv., p. 174, /.— Festus, s. v. Gin- 
friator.)— 13. (Mart., xiv., 64.)— 14. (Brunck, Anal., i., 484.)— 
15. (Athan., iv., p. 174, b.)— 16. (Hor., Epist. ad Pis., 202-205. 
— Propert., iv., 6, 8.) — 17. (Sueton, Nero, 54.) — 18. (Onomast.) 
—19. (Theocr., xx., 29. — Longus, i., 2. — Heliod., JLtluop., v.— 
JEliaa, H. A., vi., 19.— Eustath. in Horn., U., xviii., 495.)— 20. 
(B;on. iii., 7.)— 21. (Gell.. iv., 13.)— 22. (Gell., xv., 17.— C. Nep., 
xv., 2, <> 1.)— 23. (Ant. d'Ercolau., i., tav. 9; ui., lav. 19.— Com- 
pare Paus. x., 30, t> 5.) 



them had a separate mouthpiece (jaCjcjcic), i*nd, be- 
sides the hole at the end, it has five holes a.^ng thp 
top and one underneath. The circumstance 01 
these three instruments being found together is in 
accordance with the fact that they are very com- 
monly mentioned together by ancient authors ; l and 
the reason of this was, that performances on the 
double pipe were very frequently accompanied by 
the music of the lyre. 2 The mouthpieces of the two 
pipes often passed through a Capistrum. {Vid 
Phorbeia.) (See woodcut, p. 454.) 

Three different kinds of pipes were originally 
used to produce music in the Dorian, Phrygian, and 
Lydian modes. {Vid. Music, p. 648.) About the 
third century B.C., Pronomus, the Theban, invented 
adjustments (dppoviai) by which the same set of 
pipes might be fitted to all the modes. 3 In what 
these adjustments consisted we are not clearly in- 
formed. Probably stopples or plugs (oajuoi) were 
used for this purpose. (Vid. Aulos.) It appears 
also that, to produce the Phrygian mode, the pipe 
had only two holes above (biforis*), and that it ter- 
minated in a horn bending upward. 5 It thus ap- 
proached to the nature of a trumpet, and produced 
slow, grave, and solemn tunes. The Lydian mode 
was much quicker, and more varied and animating. 
Horace mentions "Lydian pipes" as a proper ac- 
companiment when he is celebrating the praise of 
ancient heroes 6 The Lydians themselves used this 
instrument in leading their troops to battle ; and 
the pipes employed for the purpose are distinguished 
by Herodotus 7 as "male and female," i. e., proba- 
bly bass and treble, corresponding to the ordinary 
sexual difference in the human voice. The corre- 
sponding Latin terms are tibia dextra and sinistra 
(lava 9 ) : the respective instruments are supposed to 
have been so called, because the former was more 
properly held in the right hand, and the latter in the 
left. The " tibia dextra'" was used to lead or com- 
mence a piece of music, and the "sinistra" followea 
it as an accompaniment. Hence the former was 
called incentiva, the latter succentiva. 9 The come- 
dies of Terence having been accompanied by the 
pipe, the following notices are prefixed to explain 
the kind of music appropriate to each : tibiis paribus, 
i. e., with pipes in the same mode ; lib. imparibus, 
pipes in different modes ; tib. duabus dextris, two 
pipes of low pitch ; tib. par. dextris ct sinistris, pipes 
in the same mode, and of both low and high pitch. 

The use of the pipe among the Greeks and Ro- 
mans was threefold, viz., at sacrifices (tibia sacrifi- 
ca), entertainments (ludicra; 10 woodcut, p. 276), and 
funerals 11 (see p. 650). 1. A sacrifice was common- 
ly attended by a piper (tibicen; 12 woodcut, p. 897), 
who partook of the food offered, so that " to live 
like a piper" became a proverb applied to those who 
maintained themselves at the expense of other peo- 
ple. 13 The worshippers of Bacchus, 14 and still more 
of Cybele, used the Phrygian pipe, the music of 
which was on this account denominated to MrjTpCjov 
avATj/ia. 16 2. At public entertainments the tibicines 
wore tunics reaching down to their feet, 16 as is ex- 
emplified in the woodcut at p. 240. In conformity 
with the use of this kind of music at public festivals, 
a band of tibicines preceded a Roman general when 
he triumphed. 17 3. The gravity and solemnity of 
the Phrygian pipes, which adapted them to the wor 
ship of Cybele, also caused them to be used at fu- 

1. (Pind., 01., iii., 9 ; xi., 97. 98.— Isth., iv., 30, ed. B6ckh.- - 
1 Cor., xiv., 7.)— 2. (Hor., Ep'od., ix., 5.)— 3. (Paus., ix., 12, * 
4.— Athen., xiv., p. 631, c.)— 4. (Virg., JEn., iv., 617-620.)— 5. 
(Tibull., ii., 1,86. — Ovid, Met., iii., 533.) —6. (Carm., iv., 13, 
30.)— 7. (i„ 17.)— 8. (Plin., 1. c.)— 9. (Varro, De Re Rust., i., 
2.)— 10. (Plin., 1. c.)— 11. (Ovid, Fast., vi., 657.)— 12. (Varru, 
De Re Rust., iii., 17.) — 13. (Suitlas, s. v. AtiA>;n/?. — Aristoph.., 
Pax, 952.)— 14. (Virgf., JEn., xi., 737.)— 15. (Paus., x., 30, $ 5.) 
—16. (Ovid, Fast., vi., 686.)— 17. (Florus, ii., 2.) 

oai 



TIMEMA. 



TIMLMA 



.lerals. 1 The pipe was the instrument principally 
jsed to regulate the dance (vid. Saltatio), whether 
at sacrifices, festivals, or private occasions in do- 
mestic life ; a by means of it, also, the rowers kept 
time in a trireme. 3 

Notwithstanding the established use of the pipe 
for these important purposes, it was regarded, more 
especially by the Athenians, as an inelegant instru- 
ment, greatly inferior to the lyre. 4 Horace, how- 
ever, represents Clio as performing, according to 
circumstances, either on the lyre or the pipe ; 5 and 
it is certain that the pipe was by no means confined 
anciently, as it is with us, to the male sex, but that 
a^nrpldeg, or female tibicines, were very common. 6 
The Thebans always esteemed this instrument, and 
excelled greatly in the use of it. 7 

TIBFCEN. (Vid. Tibia.) 

^TGNI IMMITTENDI SERVITUS. ( Vid. Ser- 
vitutes, p. 878.) 

*TIGRIS (riypig), the Tiger, or Felis Tigris, L. 
" The Greeks would appear to have got acquainted 
with the tiger during Alexander's expedition into 
Asia, for it is first mentioned by Aristotle. Accord- 
ing to Varro, the word is borrowed from the Arme- 
nian language, and signifies an arrow or a rapid 
river." 8 

*TIKT / OI Aie'OI (tlktol Wot), Prolific Stones. 
"By prolific or pregnant stones," says Adams, 
" were meant stones containing a nucleus within, 
such as the eagle-stone. (Vid. Aetites.) Dioscor- 
ides describes it thus : aerirrig Xidog ug erepov kynv- 
uuv Xcdov vmioxuv. These stones were at one time 
famous for their reputed powers in aiding delivery, 
preventing abortions, &c. ; but this superstitious be- 
lief appears to have been of later origin than the 
age of Theophrastus." 9 

*TILTA. {Vid. Philyra.) 

TIMEMA (jifxr)[ia). The penalty imposed in a 
court of criminal justice at Athens, and also the 
damages awarded in a civil action, received the 
name of Tifirifxa, because they were estimated or as- 
iessed according to the injury which the public or 
the individual might respectively have sustained. 
The penalty was either fixed by the judge, or mere- 
ly declared by him according to some estimate made 
before the cause came into court. In the first case 
the trial was called aycov Ti/iTjTdg, in the second 
case, ayibv urifivTog, a distinction which applies to 
dvil as well as to criminal trials. 

It is obvious that, on a criminal charge, two in- 
quiries have to be made : first, whether the defend- 
ant is guilty ; secondly, if he be found guilty, what 
punishment ought to be inflicted upon him. It may 
be advisable to leave the punishment to the discre- 
tion of the judge, or it may not. In some cases the 
Athenian lawgiver thought that the judge ought to 
have no discretion. Thus, in cases of murder and 
high treason, sentence of death was imposed by the 
law and only pronounced by the judge (vid. Phonos, 
Prodosia), and in many other cases the punishment 
was likewise fixed by the law. But where the ex- 
act nature of the offence could not be foreseen by 
the lawgiver, or it might so far vary in its character 
and circumstances as to admit of many degrees of 
culpability, it might be desirable or even necessary 
to leave the punishment to the discretion of the 
judge. The law then directed that the same court 
which passed sentence on the culprit should forth- 
with impose the penalty which his crime deserved. 



i. 'Statius, Theb., vi., 120.— Compare Joseph., B. J., iii., 8, 
5.— St. Matth., ix., 23.)— 2. (Herod., vi., 129.)— 3. (Max. Tyr., 
23.)— 4. (Plutarch, Alcib., p. 351.— Gell., N. A., xv., 17.— Anstot., 
Polit., viii., (>.)— 5. (Carm., i., 12, 2.— Compare Philost. Sen., 
Imag., ii., 5.)— 6. (Xen., Symp.. ii., 1.— Hor., Epist., i., 14, 25.) 
—7. (Anthol., ed. Jacobs, ii., 633.)— 8. (Aristot., H. A., viii., 27. 
—Adams, Append., s. v.)— 9. ^Theophr., De Lapid., c xi.— Ad- 
atiiS, Append., s. v.) 
9K2 



Thus, L the vdfiog Mpeug, 1 it is enacted : otm &» 
KarayvC) tj rjT^taia, rtf/.urtj Trepl uvtov 7rapa^p^fia s 
otov av oo£7? u^iog elvai izadelv r) anorlaai, where 
aiTOTiaai refers to pecuniary penalties, radelv to any 
other sort of penalty, as death, imprisonment, &c. 
Sometimes a special provision was made as to the 
means of enforcing the punishment ; as in the law 
last cited, and also in the laws in Demosthenes, 3 ft 
is declared that, if a fine be miposed, the party shall 
be imprisoned until it is paid. 

In civil causes, the sertence by which the court 
awarded redress to the injured party would vary 
according to the nature of his complaint. Where 
he sought to recover an estate in land, or a house, 
or any specific thing, as a ring, a horse, a slave, no- 
thing farther was required than to determine to 
whom the estate, the house, or the thing demand- 
ed, of right belonged. (Vid. Heres, Greek; OIKI- 
AS AIKH.) The same would be the case in an ac- 
tion of debt, xp£° v C 6Lkt}, where a certain sum was 
demanded ; as, for instance, where the plaintiff had 
lent a sum of money to the defendant, and at the 
trial no question was made as to the amount, but 
the dispute was whether it was a loan or a gift, or 
whether it had been paid or not. So, in an action 
for breach of contract, if, by the terms of the con- 
tract, a certain penalty had been attached to its vi- 
olation, it would be unnecessary to have an inquiry 
of damages, they being already liquidated by the 
act of the parties themselves. 3 In these and many 
other similar cases the trial was aTi/j.r}Tog. On the 
other hand, wherever the damages were in their 
nature unliquidated, and no provision had been made 
concerning them either by the law or by the agree- 
ment of the parties, they were to be assessed by the 
dicasts. 

The following was the course of proceeding ia 
the TifinTol aytiveg. 

Let us suppose that on a criminal prosecution the 
defendant had been found guilty. The superintend- 
ing magistrate then called upon the prosecutor to 
say what punishment he proposed to be inflicted on 
him, and what he had to say thereupon. The bill 
of indictment (ey/c/Lj^a) was always superscribed 
with some penalty by the person who preferred it. 
He was said kiuypufieodai Tip7jpa, and the penalty 
proposed is called eTrlypaju.ua.* We find also the 
expressions knayeiv rifnyia, Tipucdat. tcj <j>evyovrt, 
rifiTjatv Tzoieladai. When a charge was brought, not 
by a private individual, but by a magistrate ex offi- 
cio, the law required him in like manner to write 
down the penalty which he thought the case merit- 
ed. 5 The prosecutor was now called upon to sup- 
port the allegation in the indictment, and for that 
purpose to mount the platform and address the di- 
casts (uvaSaivetv tig rifiyfia). 

Here he said whatever occurred to him as likely 
to aggravate the charge, or incense the dicasts 
against his opponents. He was not bound, how- 
ever, to abide by the proposal made in the bill, but 
might, if he pleased (with the consent of the court), 
ask for a lower penalty than he had demanded be- 
fore. This was often done at the request of the 
defendant himself or of his friends ; sometimes from 
motives of humanity, and sometimes from pruden- 
tial considerations. If the accused submitted to 
the punishment proposed on the other side, there 
was no farther dispute ; if he thought it too severe, 
he made a counter proposition, naming the penalty 
(commonly some pecuniary fine) which he consid 
ered would satisfy the demands of justice. He was 
then said avrirtfiuadat or kavru ri/uuadat. 6 He was 



1. (Demosth., c. Mid., 529.)— 2. (c. Timocr., 733.)— 3. (Id., c 
Dionys.. 1291, 1296, et argum.)— 4. (Id., c. Nausim., 985.)— 5 
(Id., c. Macart., 1076.) — 6. (Id., c. Timocr., 743; c. Nicoitr 
1252.— .Esch., De Fals. Leg., 29, ed StepL \ 



TIMEMA 



TINTINNABULUM. 



aiiowed to address the court in mitigation of pun- 
ishment ; to say what he could in extenuation of 
his offence, or to appeal to the mercy of his judges. 
This was frequently done for him by his relatives 
and friends ; and it was not unusual for a man who 
thought himself in peril of life or freedom, to pro- 
duce his wife and children in court to excite com- 
passion. 1 After both parties had been heard, the 
dicasts were called upon to give their verdict. 

Here occurs a question about which there has 
been much difference of opinion, and which it is 
impossible to determine with any certainty, viz., 
whether the dicasts, in giving this verdict, were 
confined to a choice between the estimates of the 
opposing parties, or whether they had a discretion 
to award what punishment they pleased. Without 
entering upon any controversial discussion, the fol- 
lowing appears to the writer the most probable view 
of the matter. 

The dicasts had no power of discussing among 
themselves, or agreeing upon the fine or penalty to 
be awarded. Such power was incompatible with 
their mode of voting by ballot. (Vid. Psephos.) At 
the same time, it would be absurd to suppose that 
the Athenian court had no means of controlling the 
parties in the exercise of that privilege which the 
law gave them, or that it was the common practice 
for the parties to submit widely different estimates 
to the dicasts, and leave them no alternative but 
the extreme of severity on the one side, and the 
extreme of mercy on the other. Many passages 
in the orators are opposed to such a view, and es- 
pecially the words of Demosthenes. 2 

The course of proceeding seems to have been as 
follows. The prosecutor usually superscribed his 
indictment with the highest penalty which the law 
or the nature of the case would admit of. In the 
course of the trial, there might be various indications 
on the part of the dicasts of a disposition to favour 
one side or the other. They often exhibited their 
feelings by vehement gestures, clamour, interrup- 
tion, and questioning of the parties. It was not 
unusual for the speakers to make allusions to the 
punishment before the first verdict had been given. 3 
All this enabled both parties to feel the pulse of the 
court before the time had arrived for the second ver- 
dict. If the prosecutor saw that the dicasts were 
greatly incensed against his opponent, and he him- 
self was not mercifully inclined, he would persist in 
asking for the highest penalty. If he was himself 
disposed to be merciful, or thought that the dicasts 
were, he would relax in his demand. Similar views 
would prevent the defendant from asking for too 
small a penalty, or would induce him to effect a 
compromise (if possible) with his opponent. We 
may reasonably suppose that it was competent 
for the prosecutor to mitigate his demand at any 
time before the magistrate called on the dicasts to 
divide ; but not after, without the consent of the 
court.* If the parties were endeavouring to come 
to an arrangement, the court would give them a 
reasonable time for that purpose ; and there is 
reason to believe that the petitions addressed by the 
defendant or his friends to the prosecutor were 
made aloud in the hearing of the dicasts. As to the 
suggested explanation of Tifiav rqv fianpav, see 
Psephos. We cannot doubt that in case of heinous 
offences, or those which immediately concerned the 
state, the court would not permit of a compromise 
between the opposing parties ; but in ordinary 

I. (Demosth., c. Mid., 573, 575; c. Aristocr.. 793.— De Fals. 
Lf.g., 431, 434; c. Onetor., 878; c Aphob., 834. — Aristoph., 
Vesp., 560.)— 2. (c. Timocr., 737.)— 3. (.<Esch., c. Timarch., 12; 
De Pals. Leg., 48. ed. Steph.— Demosth., c. Mid., 523 ; c. Boe- 
ot. de Dot.. 1022. 1024; c. Spud.. 1033; c. Macart.. 1060; c. 
Steph., 112S.— Platnfr, Pron. und Klag., i., 384.)^. (Demosth., 
• Nicost., 1252, 1254 ; c. Theocrin., 1343 ; c. Neaer., 1347.) 



cases, a public prosecutor was looked on by the 
Athenians much in the light of a plaintiff, especially 
where his object was to obtain some penalty given 
by the law to an informer. When the parties coulu 
not come to terms, the dicasts, after hearing what 
each of them had to say, divided on their respective 
propositions, and the majority of votes determined 
the penalty. 1 

The course thus pursued at Athens must ha/e 
led to injustice occasionally, but was, perhaps, 'he 
only course that could be adopted with so large a 
number of judges. Aristotle tells us that Hippoda- 
mus of Miletus (who no doubt perceived the evils 
of this system) proposed that the verdict should not 
be given by ballot (dia ipnfyotyopiae), but that each 
judge should bring in a tablet with a special state- 
ment of his opinion ; upon which proposal Aristotle 
remarks, that its effect would be to make each 
judge a 6iaiT7]Tt)<; : that it was an object with most 
of the ancient lawgivers that the judges should not 
confer with each other (KoivoloyuvTat), and then he 
comments on the confusion that would arise if the 
judge were allowed to propose a penalty different 
from that submitted to him by the parties. 2 

As a general rule, only one penalty could be im- 
posed by the court, though the law sometimes gave 
more than one. 3 Sometimes the law expressly em- 
powered the jury to impose an additional penalty 
(irpoaTifiTifia) besides the ordinary one. Here the 
proposition emanated from the jury themselves, any 
one of whom might move that the punishment al- 
lowed by the law should be awarded. He was said 
7rpo<jTi{j,aof)at, and the whole dicasts, if (upon a di- 
vision) they adopted his proposal, were said tz^ogtl- 
fidv* We may observe, that the preposition npoc 
in the verb TrpoaTifiuv does not always imply that a 
second penalty is imposed, but is sometimes used 
with reference to other matters, as in Demosthenes.* 

In private actions, the course of proceeding with 
respect to the assessment of damages was much 
the same as described above. In some cases, where 
the plaintiff's demand was made up of several 
charges, or arose out of various matters, he would 
give in his bill of plaint a detailed account, specify- 
ing the items, &c, instead of including them in one 
gross estimate. This seems to have been consider- 
ed the fairer method, and may be compared to our 
bill of particulars, which the plaintiff delivers to the 
defendant. 6 The liability of the plaintiffto eiro)6e?ua, 
which was calculated upon the sum demanded, 
operated as a check upon exorbitant demands, in 
addition to that which we have already noticed/ 

The 7r poori finaiq rarely occurred in private ac 
tions, except in those where the wrongful act com- 
plained of had the character of a public offence, as 
in the S'tKn ipevdofiaprvpiuv. (Vid. Martyria.) 

As to the amount of revenue derived by the Athe- 
nians from public fines, see Bbckh. 8 

As to Ttfinfia in the sense of the rateable value of 
property with reference to the Athenian property- 
tax, see Eisphora. 

TINTINNA'BULUM (k6Suv), a Bell. Bells 
were used for a great variety of purposes among the 
Greeks and Romans, which it is unnecessary to 
particularize here. One use, however, of them, for 
the purpose of keeping watch and ward in the forti- 
fied cities of Greece, deserves mention. 9 A guard 
(<pv2.af) being stationed in every tower, a -nepiTtolo^ 
(see p. 406) walked to and fro on the portion of the 
wall between two towers. It was his duty to carry 



1. (Platner, Proc. und Klag\, i., 198-202.— Meier, Alt Prcc, 
178-182.)— 2. (Aristot., Polit., ii., c. 5, s. 3,8, 9.)— 3. (Demosth., 
c. Lept., 504 : c. Neter., 1263.)— 4. (Id., c. Timocr., 733.— Meier, 
Att. Proc. T 183. 725.)— 5. (c. Anstog., 790.)— 6. (Id., c. Aphob., 
853.) —7. (Rorkh, Staatsh. der Athen., i., 388.) —8. (Staatsh., 
Arc. i.. 402. A-rO—9. (Thucyd., iv.. 135 -Aristoph., fives, 843 
1159.— Schol inloc.) 

983 



TIPHE. 



TITHYMALLUb. 



the bell, which he received from the guard at one 
tower, to deliver it to the guard at the next tower, 
and then to return, so that the bell, by passing from 
hand to hand, made the circuit of the city. By this 
arrangement it was discovered if any guard was ab- 
sent from his post, or did not answer to the bell in 
consequence of being asleep. Hence, to prove or 
try a person was called Kodcjvi&cv j 1 to perform the 
ollice of patrol was tcudwvotyopetv. 

'1 he forms of bells were various in proportion to 
the multiplicity of their applications. In the Mu- 
seum at Naples are some of the form which we call 
oell-shaped ; others are more like a Chinese gong. 
The bell fig. 1, in the annexed woodcut, is a simple 
disc of bell-metal ; it is represented in a painting as 
hanging from the branch of a tree. 3 Figure 2 rep- 
resents a bell of the same form, but with a circular 
hole in the centre, and a clapper attached to it by a 
chain. This is in the Museum at Naples, as well as 
the bell fig. 3, which in form is exactly like those 
still commonly used in Italy to be attached to the 
necks of sheep, goats, and oxen. Fig. 4 is repre- 
sented on one of Sir W. Hamilton's vases, 3 as car- 
ried by a man in the garb of Pan, and probably for 
the purpose of lustration.* Figure 5 is a bell, or, 
••ather, a collection of twelve bells, suspended in a 




frame, which is preserved in the Antiquarium at 
Munich. This jingling instrument, as well as that 
represented by fig. 6 s may have been used at sac- 
rifices, in Bacchanalian processions, or for lustra- 
tion. Fig. 7 is a fragment of ancient sculpture, 
representing the manner in which bells were attach- 
ed to the collars of chariot-horses. 6 

*TIPHE (ri(j>n), a variety of the Triticum spelta, 
or Spelt. " It is to be borne in mind," says Adams, 
in his commentary on Paulus ^Egineta, "that the 
(T«a, ri(j}7], and b"kvpa of the Greeks, and far and 
adoreum of the Romans, were all varieties of spelt, 
a species of grain bearing some resemblance to 
wheat. Pliny, it is true, seems to distinguish the 
&ia from the ohvpa, but from the account which 
Dioscorides and Galen give of them, they would 
appear decidedly to have been mere varieties of the 
same grain. Spelt, in this country, is known by the 
name of German wheat." 7 

1. (iElian, H. A., xvi., 25.) — 2. (Bartoli, Sep. Ant., 13.) — 3. 
(i., 43.)— 4. (Theoc, ii., 36.— Schol. in loc.)— 5. (from Bartoli, 
Luc. Sep., ii., 23.) — 6. (Ginzrot, QberWagen, &c, ii., pi. 57.) 
—7. (Tueophr., H. P., i., 6; ii., 4. — Adams, Coram, ca Paul. 
^Eg-., p. 100 —Id., Append., s, v.j 
984 



TIROCINIUM. (Vid. Tiro.) 

TIRO was the name given by the Romans to a 
newly-enlisted soldier, as opposed to veteranus, one 
who had experience in war. 1 The mode of levying 
troops is described under Army, p. 102. The ag< 
at which the liability to military service commenced 
was 17. 

From their first enrolment, the Roman soldiers, 
when not actually serving against an enemy, were 
perpetually occupied in military exercises. They 
were exercised every day, 8 the tirones twice, in the 
morning and afternoon, and the veterani once. The 
exercises included not only the use of their weap- 
ons and tactics properly so called, but also what- 
ever could tend to increase their strength and 
activity, and especially carrying burdens and endu- 
ring toil. 'Vegetius 3 enumerates among the exer- 
cises of the tirones marching, running, leaping, 
swimming, carrying the shield, fighting at. a post 
(vid. Palus), thrusting with the sword in preference 
to striking, using their armour, hurling spears and 
javelins, shooting arrows, throwing stones and lead 
en bullets, leaping on and off their horses, carrying 
weights, fortifying the camp, and forming the line 
of battle. 

Vegetius also gives rules for choosing tirones 
according to their country, their being rustics or 
townsmen, their age, stature, personal appearance, 
and previous occupation.* But these rules refer 
almost exclusively to the state of things under tha 
emperors, when the army was no longer recruited 
from the citizens of Rome, but from the inhabitants 
of the provinces. 

At this period, the tiro, when approved as fit lot 
the army, was branded or tattooed in the hand with 
a mark (stigmata ; puncta signorum), which Lipaius 
conjectures to have been the name of the emperor. 

The state of a tiro was called tirocinium ; and a 
soldier who had attained skill in his profession was 
then said tirocinium ponere, or deponere. 6 

In civil life the terms tiro and tirocinium were ap- 
plied to the assumption of the toga virilis, which 
was called tirocinium fori (vid. Toga), and to the 
first appearance of an orator at the rostra, tirocin- 
ium eloquentia* 

TITHENFDIA (Ttdnvidia), a festival celebrated 
at Sparta by the nurses who had the care of the 
male children of the citizens. On this occasion the 
nurses (rtrdai) carried the little boys out of the city 
to the Temple of Artemis surnamed Corythalia, 
which was situated on the bank of the stream Ti- 
assus, in the district of Cleta. Here the nurses 
sacrificed sucking pigs on behalf of the children, and 
then had a feast, probably of the meat of the vic- 
tims, witJi which they ate bread baked in an oven 
('nrviTac uprovc 7 ). 

*TITHYMALLUS (TLdvfialloc), a plant. " The 
Tidv/uaXXoL are, without doubt, all referable to the 
genus Euphorbia, or Spurge. Miller, in his Gar- 
dener's Dictionary, describes 71 species of spurge. 
The x^padac is either his 2d or 3d species, called 
by him Wood Spurge. The {ivpriviTnc is his 5th 
species, or Myrtle-leaved Spurge. The dsvSpoeiSrjc 
is the T. arboreus, or the Euphorbia dendroides, L. 
The i&arvfyvTCkos is the Euphorbia platyphylla, L. 
The Kvnapiooiae is the Cypress Spurge, indigenous 
in Scotland. The rjlLooKoirlac is the Eup. Hel, or 
Sun Spurge. The napaXcag is the Eup. Parai. 
Besides these, the ancients have described various 
species of spurge under generic names, as Xcdvpic, 
nsTvlic, ^vfielaia, &c. It is deserving of remark, 

1. (Gees., Bell. Civ., iii., 28.)— 2. (Veget., i., l.)-3. (i., 9-27 
— 4. (i., c. 2-8.) — 5. (Justin, xii., 4 ; ix., 1. — Lipsius, De Milit 
Rom. in Oper., iii., p. 32, 33, 184, 193-197.)— 6. (Senec, Pro- 
6m., 1. ii.) — 7. (Athen., iv., p. 139. — Compare Plut., Qcsmt 
Gr, vii., p. 211, Wyttenb.) 



TOGA. 



r IOGA. 



that the LM.ctuca marina of Celsus is the irapaki- 

TTTII SODA'LES, a sodalitas or college of 
priests at Rome, who represented the second tribe 
of the Romans, or the Tities, that is, the Sabines, 
who, after their union with the Ramnes or Latins, 
continued to perform their own ancient Sabine sa- 
cra. To superintend and preserve these, T. Tatius 
is said to have instituted the Titii Sodales. 9 In an- 
other passage, 3 Tacitus describes this sacerdotium 
in a somewhat different manner, inasmuch as he 
says that it was instituted by Romulus in honour 
of King Tatius, who, after his death, was worship- 
ped as a god. But this account seems only to mean 
that Romulus, after the death of Tatius, sanctioned 
the institution of his late colleague, and made the 
worship of Tatius a part of the Sabine sacra. From 
Varro,* who derives the name Sodales Titii from 
Titiae aves which were observed by these priests in 
certain auguries, it appears that these priests also 
preserved the ancient Sabine auguries distinct from 
those of the other tribes. During the time of the 
Republic the Titii Sodales are no longer mentioned, 
as the worships of the three tribes became gradual- 
ly united into one common religion. 8 Under the 
Empire we again meet with a college of priests 
bearing the name of Sodales Titii, or Titienses, or 
sacerdotes Titiales flaviales ; but they had nothing 
to do with the sacra of the ancient tribe of the 
Tities, but were priests instituted to conduct the 
worship of an emperor, like the Augustales. 6 (Vid. 

A.UGUSTALES.) 

TITIES or TITIENSES. (Vid. Patricii, p. 743.) 
TO'KOS. (Vid. Interest of Money.) 
TO'KOI NATTIKOI'. (Vid. Interest of Mon- 
ey, p. 545.) 

TOGA (rijCevvoc), a Gown, the name of the prin- 
cipal outer garment worn by the Romans, is de- 
rived by Varro from tegcre, because it covered the 
whole body. 7 Gellius 8 states that at first it was 
•vorn alone without the tunic. ( Vid. Tunica. ) 
Whatever may have been the first origin of this 
dress, which some refer to the Lydians, it seems to 
have been received by the Romans from the Etrus- 
cans, for it is seen on Etruscan works of art as the 
only covering of the body ; and the toga pratexta is 
expressly said to have been derived from the Etrus- 
cans. 9 

The toga was the peculiar distinction of the Ro- 
mans, who were thence called togati ox gens togata. 10 
It was originally worn only in Rome itself, and the 
use of it was forbidden alike to exiles and to for- 
eigners. 11 Gradually, however, it went out of com- 
mon use, and was supplanted by the Pallium and 
lacerna, or else it was worn in public under the la- 
cerna. 12 (Vid. Lacerna.) But it was still used by 
the upper classes, who regarded it as an honourable 
distinction, 13 in the courts of justice, by clients when 
they received the Sportula, 1 * and in the theatre 
or at the games, at least when the nmperor was 
present. 15 Under Alexander Severus, guests at the 
emperor's table were expected to appear in the 
toga. 1 * 

The form of the toga, and the mannei of wear- 
ing it, are matters which are much disputed, and 
about which, indeed, it seems almost impossible, 
with our present information, to arrive at certainty. 

1. (Theophr., H. P., ix., 11. — Dioscor., iv., 162. — Adams, Ap- 
pend., s. v.)— 2. (Tacit., Ann., i., 54.)— 3. (Hist., ii., 95.)— 4. 
(De Ling. Lat., v., 85, ed. Miiller.) — 5. (Ambrosch, Stud, und 
Andeut., p. 192, &e.)— 6. (Gruter, Inscr., xix., 4 ; ccciv., 9 ; 
cccxcvi, 1. — Inscr. ap. Murator., 299, 5. — Compare Lucan, 
Phars., i., 602.)— 7. (v., 144, ed. Miiiler.)— 8. (vii., 12.)— 9. (Liv., 
i., 8.— Plin., H. N., viii., 48 or 74.— Muiler, Etrusker, i., p. 262.) 
—10. (Virg., ^n.,i., 282.— Mart.,xiv., 124.)— 11. (Plin., Epist., 
iv., 11.— Suei., Claud., 15.)— 12. (Suet., Octav., 40.)— 13. (Cic, 
Philipp., ii., 30.)— 14. (Mart., xiv., 125.)— 15. (Snet., Claud., 6. 

Lamprid., Commod., 16.)— 16. (Lamprid., Sever., 1.) 
6 I 



The form was undoubtedly, in some sense, round ; 
semicircular according to Dionysius, 2 who calls it 
nepiSoXatov J]/j.ikvk?i,iov : It seems, however, im- 
possible, from the way in which it was worn, that it 
could have been always a semicircle. Such may 
perhaps have been its form as worn in the most an- 
cient times, when it had no great fulness ; but to 
account for the numerous folds in which it was af- 
terward worn, we must suppose it to have had a 
greater breadth in proportion to its length, that is, 
to have been a smaller segment than a semicircle. 
Probably the size of the segment which the toga 
formed (on which its fulness depended) was de- 
termined by the fashion of the time or the taste of 
the wearer. This appears to be -the true explana- 
tion of Quintilian's words, 3 " Ipsam togam rotundam, 
et apte casam velim" which could have no mean- 
ing if nothing more were required than to give the 
garment the very simple form of a semicircle. The 
only other point to be noticed respecting the form 
of the toga is the question whether, when it came 
to be worn in many complicated folds, the art of the 
tailor may not have been employed to keep these 
folds in their position. This question, however, be- 
longs more properly to the mode of wearing the 
toga. 

On this subject our principal information is de- 
rived from Quintilian* and Tertullian, 5 whose state- 
ments, however, refer to the later and more compli- 
cated mode of wearing the garment, and from stat- 
ues in Roman costume. 

Frequent reference is made to the sinus of the 
toga. This was a portion of the garment, which 
hung down in front of the body like a sling ; it will 
be more fully explained presently. 

We must make a clear distinction between the 
more ancient and simpler mode of wearing the toga 
and the full form, with many complicated folds, in 
which it was worn at a later period. 

Quintilian 6 says that the ancients had no sinvis, 
and that afterward the sinuses were very short. 
The passage in Livy 7 (sinu ex toga facto, iterum sinu 
effuso) seems to refer not to the sinus, technically 
so called, but a sinus which Fabius made at the 
moment by gathering up some part of his toga. 

The ancient mode of wearing the toga n showp 
in the following cut, which is taken from the Au 
gusteum* and represents a statue at Dresden. 




Let the toga, which in this case was pror.ably 
not far from an exact semicircle, be held behind thf 
figure, with the curved edge downward. First, one 
corner is thrown over the left shojlder; then the 



1 (Quintil., xi., 3, t> 137.— Isid., Orig., xix.,24j— 2. (iii., 61.) 
—3. (xi., 3, t> 139.)— 4. (xi. 3, v 137, &c.)— 5. (De Pallio.)— « 
(xi., 3, $ 137.)— 7. (xxi., 18 )— 8. (pi 117 —Becker, Callus, voL 
ii., p. 83.) 

985 



TOGA. 



TOGA. 



Jthei part of the gaiment is placed on the right 
shoulder, thus entirely covering the back and the 
right side up to the neck. It is then passed over 
the front of the body, leaving very little of the chest 
uncovered, and reaching below nearly to the feet (in 
the figure, quite to one of them). The remaining 
end or corner is then thrown back over the left 
shoulder, in such a manner as to cover the greater 
part of the arm. By this arrangement the right 
arm is covered by the garment, a circumstance no- 
ticed by Quintilian -, 1 but it was occasionally released 
by throwing the toga off the right shoulder, and 
leaving it to be supported on the left alone. The 
portion of the toga which, in the figure, hangs down 
from the chest, if it be a sinus, is certainly of the 
kind described by Quintilian as perquam brevis. 

The next cut represents the later mode of wear- 
ing the toga, and is taken from an engraving in the 
Masco Borbonico* of a statue found at Herculaneum. 




By comparing this and other statues with the 
description of Quintilian, we may conclude that the 
mode of wearing the toga was something like the 
following : 

First, as above remarked, the form in this case 
was a segment less than a semicircle. As before, 
the curved side was the lower, and one end of the 
garment was thrown over the left shoulder, and 
hung down in front, but much lower than in the for- 
mer case. This seems to be the part which Quin- 
tilian 3 says should reach down half way between 
the knee and the ankle. In our figure it reaches to 
the feet, and in some statues it is even seen lying 
on the ground. The garment was then placed 
over the back, as in the older mode of wearing it ; 
but, instead of covering the right shoulder, it was 
brought round under the right arm to the front of 
the body. This is the most difficult part of the 
dress to explain. Quintilian says :* " Sinus decen- 
tissimus, si aliquanto supra imam togam fuerit, nun- 
quam certe sit inferior. Hie, qui sub humero deztro 
ad sinistrum oblique ducitur velut balteus, nee strangu- 
let necfluat." Becker's explanation of this matter 
seems perfectly satisfactory. He supposes that the 
toga, when carried under the right arm, was then 
folded in two parts ; one edge (namely, the lower or 
round edge) was then brought almost close under 
the arm, and drawn, but not tightly, across the c!iest 
to the left shoulder, forming the velut balteus of 
Quintilian, while the other part was allowed to fall 
gracefully over the lower part of the body, forming 
the sinus, and then the remaining end of the gar- 
ment was thrown over the left shoulder, and hung 
down nearly as low as the other end, which was 
first put on. It is to this part that Quintilian seems 

1. ($ 138.)-2 (vi., tav. 40.)— 3. (§ 139.)— 4. (§ 140.) 
9Sfi 



to refer when he says, 1 " Pars toga, quae postca im> 
ponitur, sit inferior : nam ita et sedet melius, el cor* 
tinetur;" but the true application of these words is 
very doubtful. By the bottom of the toga (imam 
togam) in the above quotation, he seems to mean 
the end of the toga first put on. The part last 
thrown over the left shoulder, as well as the end 
first put on, covered the arm, as in the older mode 
of wearing the garment. The outer edge (extrema 
ora) of this part ought not, says Quintilian, 2 to be 
thrown back. He adds, 3 " Super quod (i. e., sinis- 
trum brachium) ora ex toga duplex aqualiter sedcat.^ 
by which he probably means that the edge of this 
portion should coincide with the edge of the end 
which was first thrown over the left shoulder, and 
which is, of course, governed by this portion of the 
garment. He says* that the shoulder and the whole 
of the throat ought not to be covered, otherwise the 
dress will become narrow, and lose that dignity 
which consists in width of chest. This direction 
appears to mean, that the part brought across the 
chest (velut balteus) should not be drawn too tight. 

Tassels or balls are seen attached to the ends of 
the toga, which may have served to keep it in its 
place by their weight, or may have been merely or 
naments. 

There is one point which still remains to be ex- 
plained. In the figure a mass of folds is seen in 
the middle of the part of the toga drawn across the 
chest (velut balteus). This is the umbo mentioned by 
Tertullian, 5 and used by Persius for the toga itself. 8 
It was either a portion of the balteus itself, formed 
by allowing this part of the garment to hang loose 
(which perhaps it must have done, as it is the 
curved, and, therefore, longer edge that is thus 
drawn across the chest), and then gatheiing it up in 
folds and tucking these folds in, as in the figure, or 
else (which seems the better explanation) the folds 
which composed it were drawn out from the sinus, 
and either by themselves, or with the loose folds of 
the balteus, formed the umbo. It seems to have been 
secured by passing the end of it under the girdle of 
the tunic ; and perhaps this is what Quintilian 
means by the words, 7 " Subducenda etiam pars alt- 
qua tunica, ne ad lacertum in actu redeat." 

The back of the figure, which is not seen in out 
engravings, was simply covered with the part of 
the garment which was drawn across it, and which, 
in the ancient mode of wearing it, reached down to 
the heels. 8 Quintilian states how low it was worn 
in his time, but the meaning of his words is very 
obscure 9 ("pars ejus prior mediis cruribus optime 
tcrminatur, posterior eadem portione altius qua cinc- 
tura. n See above). 

A garment of the supposed shape of the toga, put 
on according to the above description, has been 
found by the writer of this article to present an ap- 
pearance exactly like that of the toga as seen on 
statues ; and Becker states that he has made simi- 
lar experiments with equally satisfactory results. 

Tertullian 10 contrasts the simplicity of the pallium 
with the complication of the toga, and his remarks 
apply very w T ell to the above description. It appears 
by his account that the folds of the umbo were ar- 
ranged before the dress was put on, and fixed in 
their places by pins or hooks ; but, generally speak- 
ing, it does not seem that the toga was held on by 
any fastening ; indeed, the contrary may be inferred 
from Quintilian's directions to an orator for the 
management of his toga while speaking. 11 

There is seen on many statues a mode of wearing 
the toga which resembles the more ancient fashion 
in having neither sinus nor umbo, and the modern 

1. ($ 140.)— 2. (Id.)— 3. (t> 141.)-4. (Id.)— 5. (De Pallio, 5.; 
—6. (Sat., v., 33.) -7. ($140 )-8. (Quintil.,M43.)-9 (H39., 
—10. (De Pallio. b )— 11. tf 144-149.) 



TOGA 



10PAZOS. 



in having the garment carried under instead of over 
the right arm. This is, in fact, nothing more than 
the ancient fashion with the right arm put out of 
the garment, a mode of wearing it which would 
naturally be often adopted for convenience. 

Another mode of wearing the toga was the ductus 
Gabinus. It consisted in forming a part of the toga 
itself into a girdle, by drawing its outer edge round 
the body, and tying it in a knot in front, and at the 
same time covering the head with another portion 
of the garment. It was worn by persons offering 
sacrifices, 1 by the consul when he declared war, 2 
and by devoted persons, as in the case of Decius. 3 
Its origin was Etruscan, as its name implies.* Fes- 
tus 5 speaks of an army about to fight being girt with 
the cincvis Gabinus. Persons wearing this dress 
were said to be procincti (or incincti) cinctu (or ritu) 
Gabino. 

The colour of the toga worn by men (toga virilis) 
was generally white, that is, the natural colour of 
white wool. Hence it was called pura or vestiment- 
um purum, in opposition to the pratexta mentioned 
below. A brighter white was given to the toga of 
candidates for offices (candidati, from their toga Can- 
dida) by rubbing it with chalk. There is an allusion 
to this custom in the phrase cretata ambitio. 6 White 
togas are often mentioned as worn at festivals, 
which does not imply that they were not worn com- 
monly, but that new or fresh-cleaned togas were 
first put on at festivals. 7 The toga was kept white 
and clean by the fuller. (Vid. Fullo.) When this 
was neglected, the toga was called sordida, and 
those who wore such garments sordidati. This 
dress (with disarranged hair and other marks of 
disorder about the person) was worn by accused 
persons, as in the case of Cicero. 8 The toga pulla, 
which was of the natural colour of black wool, was 
worn in private mourning, and sometimes also by 
artificers and others of the lower orders. (See the 
passages in Forcellini. 9 ) The toga picla, which 
was ornamented with Phrygian embroidery, was 
worn by generals in triumphs (vid. Triomphus), and 
under the emperors by the consuls, and by the prae- 
tors when they celebrated the games. It was also 
called Capitolina. 10 The toga palmata was a kind 
of toga picta. The toga pratexta had a broad pur- 
ple border. It was worn with the Bulla, by 
children of both sexes. It was also worn by magis- 
trates, both those of Rome, and those of the colonies 
and municipia, by the sacerdotes, and by persons 
engaged in sacred rites or paying vows. 11 Among 
those who possessed the jus toga, pratexta habenda, 
the following may be more particularly mentioned : 
the dictator, the consuls, the praetors (who laid aside 
the praetexta when about to condemn a Roman 
citizen to death), the augurs (who, however, are 
supposed by some to have worn the trabea), the 
decemviri sacris faciundis (vid. Decemviri), the 
aediles, the triumviri epulones, the senators on fes- 
tival days, 13 the magistri collegii, and the magistri 
vicorum when celebrating games'. ( Vid. Magister.) 
In the case of the tribuni plebis, censors, and quaes- 
tors, there is some doubt upon the subject. The 
pratexta pulla might only be worn at the celebration 
of a funeral. 13 

The toga praetexta, as has been above remarked, 
is said to have been derived from the Etruscans. 
It is said to have been first adopted, with the latus 
clavus (vid. Clavus Latus), by Tullus Hostilius, as 

* ■ - — 

J. (I.iv., v., 46.— Lucan, i., 596.) — 2. (Virg., JEn., vii., 612.) 
— 3. (Liv., v., 46.) — 4. (Serv. in Virg., 1. c. — Miiller, Etrusker, 
i-, 265. — Thiersch in Annal. Acad. Bavar., i., p. 29, quoted by 
Miiller, Annot. ad Festum, p. 225.)— 5. (1. c.)— 6. (Pers., v., 177.) 
—7. (Vid. Lipsius, Elect., i., 13, in Opcr., vol. i., p. 256, 257.)— 
B. (Plut., Cic, 30. 31. — Dion Cass., xxxviii., 16.— Liv., vi., 20.) 
*-9. (s. v. Pullus, Pullatus.) — 10. (Lamprid., Alex. Sev., c. 40.) 
—11. (Liv., xxxiv., 7. — Festus, s. v. Prxtexta pulla.) — 12. (Cic, 
Phil., ii.. 43.)— 13. (Festus, 1. c.) 



the royal lobe, whence its -use by the magistrate* 
in the Republic. 1 According to Macrobius, 2 the 
toga introduced by Hostilius was not only pratexta, 
but also picta. Pliny states 3 that the toga rcgia 
undulata (that is, apparently, embroidered with wa- 
ving lines or bands) which had been worn by Servius 
Tullius, was preserved in the Temple of Fortune. 
The toga praetexta and the bulla aurea were first 
given to boys in the case of the son of Tarquinius 
Priscus, who, at the age of fourteen, in the Sabine 
war, slew an enemy with his own hand. (Macrobi- 
us,* where other particulars respecting the use of the 
toga praetexta may be found.) Respecting the leav- 
ing off* of the toga praetexta and the assumption of 
the toga virilis, see Impubes, Bulla, Clavus Latus. 
The occasion was celebrated with great rejoicings 
by the friends of the youth, who attended him in a 
solemn procession to the Forum and Capitol. 5 This 
assumption of the toga virilis was called tirocinium 
fori, as being the young man's introduction to pub- 
lic life, and the solemnities attending it are called 
by Pliny 6 officium toga virilis, and by Tertullian 7 
solemnitates toga. The toga virilis is called libera 
by Ovid. 8 Girls wore the praetexta till their mar- 



riage. 



The trabea was a toga ornamented with purple 
horizontal stripes. Servius 9 mentions three kinds 
of trabea ; one wholly of purple, which was sacred 
to the gods, another of purple and white, and an- 
other of purple and saffron, which belonged to 
augurs. The purple and white trabea was a royal 
robe, and is assigned to the Latin and early kings, 
especially to Romulus. 10 It was worn by the con- 
suls in public solemnities, such as opening the Tem- 
ple of Janus. 11 The equites wore it at the transvec- 
tio and in other public solemnities. 12 Hence the 
trabea is mentioned as the badge of the equestrian 
order. Lastly, the toga worn by the Roman em- 
perors was wholly of purple. It appears to have 
been first assumed by Julius Caesar. 13 

The material of which the toga was commonly 
made was wool. It was sometimes thick and some- 
times thin. The former was the toga densa, pinguis, 
or hirta. 1 * A new toga, with the nap neither worn 
off nor cut close, was called pexa, to which is op 
posed the trita or rasa, which was used as a sum- 
mer dress. 15 On the use of silk for togas, see Seri- 
cum. 

It only remains to speak of the use of the toga. 
It was originally worn by both sexes ; but when the 
stola came to be worn by matrons, the toga was 
only worn by the meretrices, and by women who 
had been divorced on account of adultery. (Vid. 
Stola.) Before the use of the toga became almost 
restricted to*the upper classes, their toga was only 
distinguished from that of the lower classes by being 
fuller and more expensive. In war it was laid 
aside, and replaced by the Paludamentum and Sa- 
gum. Hence togatus is opposed to miles. The toga 
was, however, sometimes used by soldiers, but not 
in battle, nor as their ordinary dress, but rather as 
a cloak or blanket. It was chiefly worn in Rome, 
and hence togatus is opposed to rusticus. The toga 
was often used as a covering in sleeping, and, last- 
ly, as a shroud for the corpse. 16 

TOGA'TA FA'BULA. (Vid. Comcedia, p. 300 \ 

TOMA'CULUM. (Vid. Botulus.) 

TONSOR. ( Vid. Barba.) 

♦TOPAZOS (TOTrafrc), the Chrysolite. « By a sin 



1. (Plin., II. N., ix., 39, s. 63.)— 2. (Sat., ii., 6.) —3. (II. N., 
viii.,48, s. 74.)— 4. (1. c.)— 5. (Val. Max., v., 4, 1)4.)— 6. (Epist., 
i., 9.)— 7. (Deldolol., c. 76.)— 8. (Fast., iii., 771.)— 9. (ad JEn., 
vii., 612.)— 10. (Plin.,H. N.,viii., 49; ix., 39.— Virg., JE\x , vii. 
187 ; xi., 334.— Ovid, Fast., ii., 504.)— 11. (Virg., ^En., vii., 612 
—Claud, in Rufin., i., 249.)— 12. (Val. Max., ii., 2.— Tacit., Ann. 
iii., 2.)— 13. (Cic, Philipp., ii., 34.)— 14. (Sueton., Octav., 82.— 
Quintil., xii., 10.)— 15. (Mart , ii., 85.)— 16. (BeckeT, Galliu, ii., 
p 78-88.— Ferrarius, De Re Vest. — Rubenius, De Re Veil.) 

98/ 



TORCULUM. 



torment um. 



guiar interchange of terms," observes Adams, "the 
topaz of the ancients is our chrysolite, and the an- 
cient chrysolite our topaz. The prevailing colour 
of chrysolite is green, with a mixture of yellow or 
brown. The French chemists distinguish it by the 
name of peridot; it consists principally of alumina." 
The name of the stone we are now considering is 
derived from that of the island of Topazos, in the 
Red Sea, whence it was originally brought. " Pliny," 
says Dr. Moore, " styles his ' topazius' the largest 
of gems, and speaks of a statue of Arsinoe, queen 
of Ptolemy Philadelphus, made of it, four cubits 
high, which seems wholly inconsistent with its being 
chrysolite, although a variety of this mineral, called 
olivine, has been found in masses of considerable 
size." Pliny's whole description of the topaz is 
thought by this writer as applicable to the mineral 
which we call prase and chrysoprase, as to any that 
we know. At the same time, however, he refers to 
the mention which Bruce makes of an island in the 
Red Sea, called Jibbel Seberget, or the Mountain 
of Emeralds, and where the latter says he met with 
a substance which was little harder than glass ; and 
he also cites the query of Kidd, whether this sub- 
stance may not have been chrysolite, and the island 
the Topaz island of Pliny. 1 

TOPIA'RIUS. {Vid. Hortus.) 

TORATJA. {Vid. Torus.) 

TO'RCULUM or TO'RCULAR (Ivvoc), a press 
for making wine and oil. When the grapes were 
ripe (orafyvlrj), the bunches were gathered, any 
which remained unripe (d//0a£), or had become dry 
or rotten, were carefully removed 2 {vid. Forfex), 
and the rest carried from the vineyard in deep bas- 
kets (quali, 3 rahupoi* uppixot, 5 ko<j>Ivol 6 ), to be pour- 
ed into a shallow vat. In this they were immedi- 
ately trodden by men, who had the lower part of 
their bodies naked, 7 except that they wore drawers. 
{Vid. Subligaculum.) At least two persons usually 
trod the grapes together. To "tread the wine- 
press alone" indicated desolation and distress. 8 
The Egyptian paintings 9 exhibit as many as seven 
treading in the same vat, and supporting themselves 
by taking hold of ropes or poles placed above their 
heads. Piom the size of the Greek and Roman 
vats, there can be no doubt that the company of 
treaders was often still more numerous. To pre- 
vent confusion and to animate them in their labour, 
they moved in time or danced, as is seen in the an- 
cient mosaics of the church of St. Constantia at 
Rome, sometimes also leaning upon one another. 
The preceding circumstances are illustrated in the 
following woodcut, taken from a bas-relief. 10 An 




antefixa in the British Museum 1 shows a person 
by the side of the vat performing during this act on 
the scabellum and tibice pares, for the purpose of aid- 
ing and regulating the movements of those in it. 
Besides this instrumental music, they were cheered 
with a song, called fxeXoe ettiI^viov 2 or v/uvoc k-rnli]- 
viog, specimens of which may be seen in Anacreon. 3 
After the grapes had been trodden sufficiently, they 
were subjected to the more powerful pressure of a 
thick and heavy beam {vid. Prelum), for the purpose 
of obtaining all the juice yet remaining in them. 4 
Instead of a beam acted on by wedges, a press with 
a screw {vid. Cochlea) was sometimes used for the 
same purpose. 5 A strainer or colander {vid. Colum) 
was employed to clear the must from solid particles, 
as it flowed from the vat. 

The preceding woodcut shows the apertures at 
the bottom of the vat, by which the must {mustum, 
yTievKoc) was discharged, and the method of receiv- 
ing it when the vat was small, in wide-mouthed 
jars, which, when full, were carried away to be 
emptied into casks {dolia, iridoi 6 ). { Vid. Dolium.) 
When the vineyard was extensive, and the vat large 
in proportion, the must flowed into another vat of 
corresponding size, which was sunk below the level 
of the ground, and therefore called vnolrjviov,' 1 in 
Latin lacus. 6 

From Titjvoc Bacchus was called Lenceus {Avvaloc). 
The festival of the Lcnaa was celebrated on the 
spot where the first Attic winepress was- said to 
have been constructed. {Vid. Dionysia, p. 364.) 

Olives as well as grapes were subjected to the 
prelum for the sake of their oil ; 9 but, instead of being 
trodden, they were first bruised, so as to express a 
great part of the oil, in a mill called trapetum, which 
resembled our cider-mill. 

The building erected to contain all the vessels 
and other implements {torcula vasa 10 ) for obtaining 
both wine and oil was called torcularium :I and In- 
vetiv. 1 * It was situated near the kitchen and the 
wine-cellar. 13 

*TORDYLTON {ropdvliov), the Tordylium offici- 
nale, or Hartwort. 14 

TOREUTICE {TopevriKv). {Vid. Bronze, p. 179.) 

TORMENTUM {afyerripia bpyava), a military en- 
gine. All the missiles used in war, except those 
thrown from the sling {vid. Fcjnda), are projected 
either by the hand alone or with the aid of elastic 
substances. Of elastic instruments, the bow {vid. 
Arcus) is still used by many nations. But the tor- 
mentum, so called from the twisting {torquendo) of 
hairs, thongs, and vegetable fibres, 15 has fallen into 
disuse through the discovery of gunpowder. The 
word tormentum is often used by itself to denote 
engines of various kinds. 16 Often, also, these en- 
gines are specified separately under the names of 
Balistce and Catapulta, which names, however, 
most commonly occur together in the accounts of 
sieges and other military operations, because the 
two kinds of engines denoted by them were almost 
always used in conjunction. {Vid. Helepolis.; 
The balista {irerpoSoXoc) was used to shoot stones, 17 
the catapulta {KaraTxe^Trjc, KaranehTiKT}) to project 
darts, especially the falarica {vid. Hasta, p. 489), 



1. (Combe, Anc. Terra-cottas, No. 59.)— 2. (Athen., v., p. 199, 
a.) — 3. (Ode xvii., 1., and Iii.— Brunck, AnaL, ii., 239.^ Vid. Ja- 
cobs, ad loc. — Comp. Theocr., vii., 25.) — 4. (Vitruv., x M l.~ 
Virg., Georg., ii., 242.— Servius in loc. — Hot., Carm., i.,20, 9.) 
—5. (Vitruv., vi., 6.— Plin., H. N., xviii., 31, s. 74.)— 6. (Longus, 
ii., 1, 2.)— 7. (St. Mark, xii., 1.— Geopon., vi , 1, 11.)— 8. (Ovid, 
Fast., v., 888.— Plin., Epist., ix., 20. — Columell., De Re Rust., 
xii., 18.) — 9. (Plin., H. N., xv., 1, s. 2.) — 10 (Varro, De Re 
Rust., iii., 2.)— 11. (Cato, De Re Rust., 12, J3 18— Colum., De 
Re Rust., xii., 18.)— 12. (Geopon., vi., 1.)— 13. (Vitruv., vi., 6.) 
— 14.*(Dioscor., iii.. 56. — Nicand., Ther., 841. — Adams, Append., 
s. v.)— 15. (Polyb., iv.,56.)— 16. (Cic, Ep. s.d Div.,xv.,4 — Cass , 
B. Civ., iii., 44, 45 — BelL Alex., 10.— Liv., xx., 11.— Veil. Paterc, 
ii., 82.— Curt., iv., 9, 16.)— 17. (Ovid, Trist., i., 2, 48. — Lucan, 
vi , 198— Non. Marc, t> 555. t»d. Mercevi.) 



TORMENTUM. 



TORQUES. 



and a kind of missile 4£ feet long, called trifax. 1 
While, in besieging a city, the ram (vid. Aries) was 
employed in destroying the lower part of the wall, 
the balista was used to overthrow the battlements 
(propugnacula 2 ), and the catapult to shoot any of 
the besieged who appeared between them. 3 The 
forms of these machines being adapted to the ob- 
jects which they were intended to throw, the cata- 
pult was long, the balista nearly square, which ex- 
plains the following humorous enumeration by 
Plautus* of the three uj/xavai, the application of 
which has just been explained. 

" Meus est balista pugnus, cubitus catapulta est 
mihi, 
Humerus aries.'''' 

In the same armament the number of catapults 
was commonly much greater than the number of 
balistae. 5 Also, these two classes of machines 
were both of them distinguished into the greater 
and the less, the number of " the less" being much 
more considerable than the number of "the great- 
er." When Carthago Nova, which had served the 
Carthaginians for an arsenal, was taken by the Ro- 
mans, the following were found in it : 120 large and 
28 1 small catapults ; 23 large and 52 small balis- 
tae. 6 Three sizes of the balista are mentioned by 
historians, viz., that which threw stones weighing 
half a hundred weight (rpiaKovraavaiovq Xidovc 1 ), a 
whole hundred weight {balista centenaria,* 2.ido66- 
Aof raXavrcaiog 9 ), and three hundred weight (ireTpo- 
Cd'/.oc TpLTokavrog 10 ). Besides these, Vitruvius 11 
mentions many other sizes, even down to the balis- 
ta which threw a stone of only two pounds' weight. 
In like manner, catapults were denominated accord- 
ing to the length of the arrows emitted from them. 12 
According to Josephus, who gives some remarka- 
ble instances of the destructive force of the baii?- 
la, it threw stones to the distance of a quarter of a 
mile. 13 Neither from the descriptions of authors, 
nor from the figures on the column of Trajan, 14 are 
we able to form any exact idea of the construction 
of these engines. Still less are we informed on 
the subject of the Scorpio or Onager, which was 
also a tormentum. 15 Even the terms balista and 
catapulta are confounded by writers subsequent to 
Julius Caesar, and Diodorus Siculus often uses na- 
raTziTiTTjc to include both balistae and catapults, dis- 
tinguishing them by the epithets KerpoboXoi and 
b£;v6eXeig. 16 

The various kinds of tormenta appear to have 
been invented shortly before the time of Alexander 
the Great. When horsehair and other materials 
failed, the women in several instances cut off their 
own hair, and twisted it into ropes for the engines. 17 
These machines, with those who had the manage- 
ment of them, and who were called balistarii and 
d^erai, 18 were drawn up in the rear of an advancing 
army, so as to throw over the heads of the front 
ranks. (Vid. Army, p. 106.) In order to attack a 
maritime city, they were carried on the decks of 
vessels constructed for the purpose. 19 

The meaning of tormentum, as applied to the 
cordage of Ships, is explained in p. 893. Compare 
Vegetius, Mulom., ii., 46. 

The torture or question (quastio), as applied to 
criminals or witnesses, was called tormentum by 

1 ;Festus,s.v.)— 2. (Plaut., Bacch., iv., 4, 58, 61.)— 3. (Diod. 
Six: ivii., 42, 45.— Id., ii., 48, 88.) —4. (Capt., iv., 2, 16.)— 5. 
(Njz. Marc, p. 552, ed. Merceri. — Liv., nvi., 47.) — 6. (Liv., L 
c.)— 1 (Polyb., ix., 34.)— 8. (Non. Marc., 1. c.)— 9. (Polyb., 1. c. 
—Diod. Sic, ii., 86.)— 10. (Diod. Sic, xx., 48.)— 11. (i., 11.)— 
12. (Vitruv., i., 10.— Schneider, ad loc) — 13. (B. J., iii., 7,$ 
19, 23.— Compare Procop., Bell. Goth., i., 21, 23.)— 14. (Bartoli, 
Col. Traj., tab. 45-47.)— 15. (Vitruv., i., 10.— Liv., nvi., 6, 47. 
— Amm. Marcell., xx., 7 ; xxiii., 4.) — 16. (xiii., 51 ; xx., 48, 83, 
86 ; xxi., 4.)— 17. (Caesar, Bell. Civ., iii., 9.— Veget., De Re Mil., 
iv., 9.)- 18. (Polyb , iv. 56.)— 10 fDiod Sic, xx., 83-86.— Ta- 
cit.. Ann., ii., 6 ) 



the Romans. 1 The executioner v us called tortor 
and among the instruments employed for the pur- 
pose were the wheel (rota, rpoxoc 2 ) and the eculeus. 
The Lydians had an instrument of torture which, 
as we may infer from its name (nviKpoc 3 ), was full 
of points, and applied to the body of the suflerei 
like the card used in combing wool. The Jews 
seem to have used the harrow or threshing-ma- 
chine in the same manner ; 4 and the nXl/nat; men- 
tioned by Aristophanes, 5 if it resembled the ladder, 
which is still to be seen among the instruments of 
torture in the dungeons at Ratisbon, must have pro- 
duced a similar effect. (Vid. Basanos.) 

TORQUES or TORQUIS (cTpenroe), an ornament 
of gold, twisted spirally and bent into a circular 
form, which was worn round the neck by men of 
distinction among the Persians, 6 the Gauls, 7 and 
other Asiatic and northern nations. 8 Tore was 
the name of it among the Britons and ancient Irish. 
Virgil 9 thus describes it as part of the attire of the 
Trojan youths : 

" It pec tore summo 
Flexilis obtorti per collum circulus a?m." 

Ornaments of this kind have been frequently 
found, both in France, and in many parts of Great 
Britain and Ireland, 10 varying in size and weight, 
but almost always of the form exhibited in the an- 
nexed woodcut, which represents a torquis found 
in Brecknockshire, and now preserved in the Brit- 
ish Museum. The same woodcut, contains a sec- 
tion of this torquis of the size of the original. It 




shows, as Mr. Petrie observes concerning some 
found in the county of Meath, "four equidistant ra- 
diations from a common centre." The torquis in 
the British Museum is four feet and a half in length 
Its hooks correspond well to the following descrip- 
tion of the fall of a Celtic warrior : " Torquis ab 
incisa decidit unca gula." 11 A torquis, which, instead 
of being bent into a circular form, was turned into 
a spiral, became a bracelet, as is shown in the low- 
est figure of the woodcut to Armilla, p. 96. A 
torquis contrived to answer this purpose is called 
torquis brachialis . ia Such bracelets and torques are 
often found together, having been worn by the same 
people. 

An inscription found in France mentions a tor- 
quis, wtyh was dedicated to iEsculapius, having 
been maduby twisting together two golden snakes. 13 
In this respect, also, the torquis corresponded with 
the armilla, which was sometimes made in the 
form of a serpent. (See p. 96.) The head in the 

1. (Suet., Tiber., 20.— Cic, Pro Mil., 20-22.— Quintil v., 4.) 
2. (Aristoph., Plut., 876.)— 3. (Herod., i., 92.)— 4. (2 Sam., xii., 
31.— 1 Chron.,xx., 3.)— 5. (Ran., 631.)— 6. (Curt., iii., 3.— The- 
mist., Orat., 24, p. 306, c.) — 7. (Florus, i., 13.— Id., ii., 4.) — 8 
(Isid., Orig-., xix., 30.) — 9. (--En., v., 559, 559.) — 10. (Petrie, 
Trans, of R. Irish Acad., vol. xviii. — Antiq., p. 181-184.) — 11 
(Propert., ix., 10,44.)— 12. (Vopisc, lurel., 7.)— 13. (Montfau 
con, Ant Expl., iii., p. 53.) 

989 



TRAGCEDIA 



TRACKED j A. 



preceding woodcut is that of a Persian warrior m 
the mosaic of the battle of Issus, mentioned in p. 
520. It illustrates the mode of wearing the tor- 
quis, which in this instance terminates in two ser- 
pents' heads instead of hooks. Three other Per- 
sians in the same mosaic also wear the torquis, 
which is falling from the neck of one of them, who 
has been vanquished and thrown from his horse. 
It was by taking this collar from a Gallic warrior 
m similar circumstances that T. Manlius obtained 
the cognomen of Torquatus. 1 

Torques, whether in the form of collars or brace- 
lets, no doubt formed a considerable part of the 
wealth of those who wore them. Hence they were 
an important portion of the spoil, when any Celtic 
or Oriental army was conquered, and they were 
among the rewards of valour bestowed after an en- 
gagement upon those who had most distinguished 
themselves. 2 The monuments erected to commem- 
orate Roman soldiers, and to enumerate the hon- 
ours which they had obtained, often mention the 
number of torques conferred upon them. 3 (Vid. 
Pjialera.) 

TORUS, a Bed, originally made of straw,* hay, 
leaves, woolly plants, 5 seaweed (de mollibus ulvis 6 ), 
also stuffed with wool, and afterward with feath- 
ers 7 or swans' down, 8 so as to be as much raised 
and as soft as possible. 9 It was sometimes cover- 
ed with the hide of a quadruped 10 (vid. Pellis, p. 
750) , but more commonly with sheets or blankets, 
called Toralia. 11 - The torus may be observed on 
the sofa in the first woodcut, p. 276 ; and its ap- 
pearance there may suffice to explain the transfer- 
ence of its name to the larger semicircular mould- 
ings in the base of columns. (Vid. Atticurges, 
Spira.) 

TOX'OTAI (rofdrat). (Vid. Demosioi.) 

TRA'BEA. (Vid. Toga, p. 987.) 

TRADI'TIO. (Vid. Dominium.) 

*TRAGACANTHA (Tpaydtcavda), a prickly 
shrub, which yields gum tragacanth. It is the As- 
tragalus Tragacantha, Goat's-thorn or Milk-vetch. 
The name is derived from rpdyoe (a goat) and aicav- 
6a (a thorn), in allusion to the fancied resemblance 
which the plant bears to the beard of a goat. In 
the London Pharmacopoeia the plant is called Astra- 
galus verus, on the authority of Olivier." 18 

*TRAGION (rpdyiov), a plant. One species, 
called by Dioscorides rpdytov KpijTiKov, is the kind 
of St. John's-wort called Hypericum hircinum, and 
has a foetid smell. A second sort, likewise descri- 
bed by Dioscorides, is named by Sprengel Tragium 
columna. 13 

TRAGOGDlA (rpayydla), Tragedy. 

I. Greek Tragedy. The tragedy of the ancient 
Greeks, as well as their comedy, confessedly origi- 
nated in the worship of the god Dionysus. It is 
proposed in this article, (1) to explain from what 
element of that worship Tragedy took its rise, and, 
(2) to trace the course of its development, till it 
reached its perfect form and character in the drama 
of the Attic tragedians, iEschylus, Sophocles, and 
Euripides. 

The peculiaiity which most strikingly distin- 
guishes the Greek tragedy from that of modern 
times, is the lyrical or choral part. This was the 
offspring of the dithyrambic and choral odes, from 
which, as applied to the worship of Dionysus, 

1. (Cic, Fin., ii., 22.— Id., Off., iii., 31.— Gellius, ix., 13.— Non. 
Marc, p. 227, 228, ed. Merceri.)— 2. (Juv., xvi., 60.— Plin., H. N., 
xxxiii., 2, s. 10. — Sidon. Apoll., Carta., xxiii., 424.) — 3. (Maffei, 
Mus.Veron.,p.218.)— 4. (Plin.,H. N.,viii.,48,s.73.)— 5. (Mart., 
xiv., 160, 162.)— 6. (Ovid, Met., viii., 656.) — 7. (xi., 611.) — 8. 
Mart., xiv., 161.)— 9. (Virg., JEn., vi., 603.— Ovid, Amor., ii., 4, 
14.)— 10. (Virg-., JEn., viii., 177.)— 11. (Hor.. Sat., ii., 4, 84.— Id., 
Epist., i., 5, 22.)— 12. (Dioscor., iii., 20.— Theophrast., H. P., ix., 
1.— Adams, Append., s. v.) — 13. (Dioscor., iv., 49, 50. — Adams, 
Append., s. v. ; 
990 



Greek tragedy took its rise. This woish:p, we 
may observe, was of a twofold character, corre- 
sponding to the different conceptions w r hich were 
anciently entertained of Dionysus as the changea- 
ble god of flourishing, decaying, or renovated na- 
ture, and the various fortunes to which, in that 
character, he was considered to be subject at the 
different seasons of the year. Hence Miiller ob- 
serves, 1 " the festivals of Dionysus at Athens and 
elsewhere were all solemnized in the months near- 
est to the shortest day, coincidently with the chan- 
ges going on in the course of nature, and by which 
his worshippers conceived the god himself to be 
affected." His mournful or joyous fortunes (ttuOtj), 
his mystical death, symbolizing the death of all ve- 
getation in winter, and his birth, 2 indicating the 
renovation of all nature in the spring, and his strug- 
gles in passing from one state to another, were not 
only represented and sympathized in by the dithy- 
rambic singers and dancers, but they also carried 
their enthusiasm so far as to fancy themselves un- 
der the influence of the same events as the god 
himself, and in iheir attempts to identify them- 
selves with him and his fortunes, assumed the 
character of the subordinate divinities, the Satyrs, 
Nymphs, and Pans (nympharumque leves cum sa- 
tyris chori), who formed the mythological train of 
the god. Hence, as is explained under Dionysia 
(p. 363), arose the custom of the disguise of satyrs 
being taken by the worshippers at the festivals of 
Dionysus, from the choral songs and dances of 
whom the Grecian tragedy originated, " being from 
its commencement connected with the public re- 
joicings and ceremonies of Dionysus in. cities, 
while comedy was more a sport and merriment of 
the country festivals." In fact, the very name of 
Tragedy (Tpayudta), far from signifying anything 
mournful or pathetic, is most probably derived 
from the goat-like appearance of the satyrs, who 
sang or acted, with mimetic gesticulations (oprjxoiq), 
the old Bacchic songs, with Silenus, the constant 
companion of Dionysus, for their leader. 3 From 
their resemblance in dress and action to goats, 
they were sometimes called rpdyot, and their song 
rpayudia. Thus iEschylus, in a fragment of the 
Prometheus Uvpcpopog, calls a satyr Tpdyoc, and 
the satyric chorus in the Cyclops of Euripides* ap- 
pears in the skin of a goat (x^alva rpdyov). The 
word adrvpoc, also, is apparently the same as t'ltv- 
pog, a kind of goat. 5 According to another opin- 
ion, indeed, the " word tragedy was first coined 
from the goat that was the prize of it, which prize 
was first constituted in Thespis's time." 6 This 
derivation, however, as well as another, connecting 
it with the goat offered on the altar of Bacchus, 7 
around which the chorus sang, is not equally sup- 
ported either by the etymological principles of the 
language, or the analogous instance of Kto/icudia, 
the "revel-song." 8 

But the Dionysian dithyrambs were not always 
of a gay and joyous character : they were capable 
of expressing the extremes of sadness and wild lam- 
entation as well as the enthusiasm of joy ; and ii 
was from the dithyrambic songs of a mournful cast, 
probably sung originally in the winter months, that 
the stately and solemn tragedy of the Greeks arose. 
That there were dithyrambs of such a character, 
expressive of the sufferings of Dionysus (rd tov At- 
ovvaov nddr}), appears from the statement in He- 
rodotus, 9 that at Sicyon, in the time of Clisthenes 
(B.C. 600), it was customary to celebrate (yepaipeiv] 



1. (Literat.ofGreece,p.288.)— 2. (Plat., De Leg., iii., p. 700.— 
Proclus, in Gaisford's Hephjest., p. 383.) — 3. (Bode, Gesch. de? 
Hellen. Dichtkunst, iii., p. 31.)— 4. (1., 80.)— 5. (Phot., Lex., » 
v.)— 6. (Bentley, Phalar., p. 249.)— 7. (Miiller, Literat. of Greece 
p. 291.)— 8. (Etymol. Magn., p. 764.— Eurip., Bacch., 131.— «!i 
an, V. H., iii., 40. i— 9. (v., 67.) 






TRAGCED1A. 



TRAGCEDIA 



the sufferir gs of that god with " tragic choruses." 
But it must be remarked, that in the most ancient 
times the dithyrambic song was not executed by a 
regular chorus. Thus Archilochus says in trochaic 
verse, " I know how, when my mind is inflamed with 
wine, to lead off the dithyramb, the beautiful song 
of Dionysus" {vid. Chorus, p. 247), whence we may 
infer that in his time (B.C. 700) the dithyramb was 
sung by a band of revellers led by a flute-player. 
Lyrical choruses, indeed, had been even then estab- 
lished, especially in the Dorian states of Greece, in 
connexion with the worship of Apollo, the cithara, 
or (popfiiy^, being the instrument to which the cho- 
reutse sang and danced. 1 In fact, the connexion of 
the Dorian choral poetry with the worship of Apollo, 
the direct opposite to that of Dionysus, and its con- 
sequent subjection to established rules and forms, 
admitting, too, from the Dorian character, but little 
innovation, affords the most obvious explanation of 
the striking circumstance that nothing decidedly 
dramatic sprang from it, as from the dithyrambic 
performances. 2 Still there were some points in 
which the Dorian worship of Apollo resembled that 
of Dionysus, e. g., the dances with which the for- 
mer god was honoured, and the kind of mimicry 
which characterized them. Other circumstances 
also, on which we cannot here dwell, would proba- 
bly facilitate the introduction of the Dionysian dith- 
yramb among the Dorian states, especially after 
the improvements made in it by Arion (B.C. 600), 
which were so great, that even the invention of that 
species of poetry is ascribed to him, though it had 
been known in Greece for a century.before his time. 
The worship of Dionysus was celebrated at his na- 
tive place, Methymnae in Lesbos, with music and 
orgiastic rites ; and as Arion travelled extensively 
in the Dorian states of Hellas, he had ample oppor- 
tunities of observing the varieties of choral worship, 
and of introducing any improvements which he 
might wish to make in it. 3 He is said to have been 
the inventor of the "tragic turn" {Tpaymov rpoxov), 
a phrase of doubtful signification, but which seems 
to mean, that he was the inventor of a grave and 
solemn style of music, to which his dithyrambs were 
danced and sung.* {Vid. Music, Greek.) Suidas 5 
adds of him, Xeyerat nal Trpuroc x°P° v OTijcrai, aal 
di.dvpafj.6ov aval nai bvofxaaai to adofievov inrd tov 
Xopov, Kal 'Earvpovc elaeveyKetv e/j-uerpa XeyovTac. 
From the first clause, in connexion with other au- 
thorities, 6 we learn that he introduced the cyclic 
chorus (a fact mythologically expressed by making 
him the son of Cycleus) ; i. e., the dithyramb, in- 
stead of being sung, as before his time, in a wild, ir- 
regular manner, was danced by a chorus of fifty men 
around a blazing altar ; whence, in the time of Aris- 
tophanes, a dithyrambic poet and a teacher of cyclian 
choruses were nearly synonymous. 7 As the alter- 
ation was made at Corinth, we may suppose that 
the representation of the dithyrambic was assimila- 
ted in some respects to that of the Dorian choral 
odes. The clause to the effect that Arion intro- 
duced satyrs, i. c, rpdyoi, speaking in verse {trocha- 
ic), is by some thought another expression for the 
invention of the " tragic style." A simpler inter- 
pretation is, that he introduced the satyrs as an ad- 
dition and contrast to the dance and song of the 
cyclic chorus of the dithyramb, thus preserving to it 
its old character as a part of the worship of Bac- 
chus. The phrase ovo/idcai* alludes to the different 
titles given by him to his different dithyrambs, ac- 
cording to their subjects, for we need not suppose 
that they all related directly to Bacchus. 9 As he 

1. (Miiller, Literat. of Greece, p. 204.— Dorians, iv., 7, <) 8.)— 
2. (Bode, p. 16.)— 3. (Bode, p. 22.)— 4. (Hermann, Opusc, vol. 
vii., p. 216.) — 5. (s. v.) — 6. (Schol. in Anst., Aves, 1403.)— 7. 
(Miiller, p. 204.) — 8 (Compare Herod., i., 23.)— 9. (Welcker, 
Nac x itrau, p 223 .) 



was the first cithara player of his age,* it is probable 
that he made the lyre the principal instrument in 
the musical accompaniment. 

From the more solemn dithyrambs, then, as im- 
proved by Arion, with the company of satyrs, who 
probably kept up a joking dialogue, ultimately sprang 
the dramatic tragedy of Athens, somewhat in the 
following manner : The choruses which represent- 
ed them were under the direction of a leader or ex- 
archus, who, it may be supposed, came forward sep- 
arately, and whose part was sometimes taken by 
the poet himself. 2 We may also conjecture that 
the exarchus in each case led off, by singing or re- 
citing his part in a solo, and the chorus, dancing 
round the altar, then expressed their feelings of joy 
or sorrow at his story, representing the perils and 
sufferings of Dionysus, or some hero, as it might be 
Accordingly, some scholars have recognised in such 
choral songs, or in a proximate deviation from them, 
what has been called a " lyrical tragedy," perform- 
ed without actors distinct from the chorus, and con- 
ceived to be a transition step between the dithy- 
ramb and the dramatic tragedy. The title, howev- 
er, does not occur in ancient writers, and, therefore, 
if it means anything, can only refer to representa- 
tions of the character we have just ascribed to the 
dithyrambs of Arion, modified from time to time, 
according to circumstances or the fancy of the wri- 
ter. That the names Tpayudia and rpdyudoc are 
applied, indeed, to works and writers before the 
time of Thespis, and that the " tragedy" of that age 
was e itirely choral, without any regular formal di- 
alogue, is evident from many authorities. Thus 
Athenaeus* observes that the whole satyrical poetry 
form* rly consisted of choruses, as did the "tragedy" 
of oil times {rj tote Tpayudia). Again, Diogenes 
Laer .ius* states that formerly the chorus alone act- 
ed {6 :edpa/LtaTifrv) or performed a drama, on which 
Hermann 5 observes, "after the dithyramb was 
sung, some of the chorus, in the guise of satyrs, 
came forward and improvised some ludicrous sto- 
ries ; but in exhibitions of this sort," he adds, "we 
see rather dramatica tragozdice inilia, quam ullum 
lyrici cujusdam generis vestigium.'''' Lyric poets also 
seem to have been spoken of as tragedians ; thus, 
according to Suidas, 6 Pindar wrote seventeen 6pd- 
fiara TpaytKu (" but not lyrical tragedies" 7 ), and Si- 
monides of Ceos wrote tragedies, or a tragedy, as 
some manuscripts have it. But, whatever may be 
inferred from this, it only proves that dithyrambic 
poets were also called tragedian, just as in the scho- 
lia on Aristophanes, 8 a writer is described as didv- 
pap.6onoidc y Tpay^diddaKakog. For the arguments 
on both sides, see Hermann, I. c, and Bockh on 
the Orchomenian Inscriptions. 9 

The choral dithyrambic songs, accompanied with 
mimetic action (the lyrical tragedy?), prevailed to 
some extent, as all choral poetry did, among the 
Dorians of the Peloponnesus ; 10 whence their deriv- 
ative, the choral element of the Attic tragedy, was 
always written in the Dorian dialect, thus showing 
its origin. The lyrical poetry was, however, espe- 
cially popular at Sicyon aad in Corinth. In the 
latter city Arion made his improvements ; in the 
former, " tragic choruses," z. e., dithyrambs of a sad 
and plaintive character, were very ancient, 11 and the 
Sicyonians are also said to have been the inventors 
of the Tpayudia {Tpayubiag evphat fiev Hlkvuvioi, 
Teleoiovpyoi oe 'Arr(/co2 iroujTai 12 ) ; but, of course, 
this can only mean that the dramatic tragedy was 
a derivative, through many changes, of the old sa- 

1. (Herod., i., 23.)— 2. (Plato, Rep., iii., p. 394, c.)— 3. (xiv-.. 
p. 630, c.)— 4. (iii., 56.) — 5. (Opusc, vii., 218.)— 6. (s. v.)— 7 
(Hermann, 1. c.)— 6. (Plut., 290.)— 9. (Greek Theatre, p. 28.)- 
10. (Miiller, Dorians, ii., 10, <) 6.)— 11. (Herod., v., 67.— Welck- 
er, Nachtrag, p. 235.)— 12. (Themist., xxvii., p. 406, D ; wlorf.) 

941 



TRAUCEDIA. 



TRAGCEDIA. 



lyrical rpayu^ia, i. c, of the songs sung with mi- 
metic dancing by the goat-like satyrs, or, as others 
would say, round the altar, on which lay the burn- 
ed sacrifice of a goat. It appears, then, that there 
is a good and intelligible foundation for the claims 
which, according to Aristotle, 1 were made by the 
Peloponnesians, and especially by the Sicyonians, 
to the invention of " tragedy," understanding by it 
a choral performance, such as has been described 
above. Now the subjects of this dithyrambic tra- 
gedy were not always, even in ancient times, con- 
fined to Dionysus. Even Arion wrote dithyrambs 
^•elating to different heroes : 3 a practice in which he 
was followed by succeeding poets, who wrote dith- 
yramb-like odes (whence they were classed among 
the rpayiKol izotrjTal), which they called Centaurs, 
Ajaces, or Memnons, as it might be. 3 Thus Epi- 
genes the Sicyonian is said to have written a tra- 
gedy, i. e., a piece of dithyrambic poetry on a sub- 
ject unconnected with Dionysus, which was conse- 
quently received with the cry of ovdev irpbg tov Ai- 
ovvgov, or "this has nothing to do with Bacchus."* 
If this anecdote be true, and Epigenes preceded 
Arion, the introduction of the satyrs into the dithy- 
rambic chorus by the latter may possibly have been 
meant to satisfy the wishes of the people ; but 
whether it was so or not, there is scarcely any 
doubt that, from the time of Arion, the tragic dithy- 
ramb gradually became less satyrical and sportive 
in its character, till the. creation of the independent 
satyric drama and the A^ttic dramatic tragedy. 5 

As to the steps by which this was effected, Aris- 
totle 6 says, " Tragedy was at the first an extempo- 
raneous effusion {art apxw avToaxe6taaTLK7j), and 
was derived Inzb tuv k^apxovTuv tov Aidvpa/x6ov," i. 
«., from the leaders or the chief singers of the dith- 
yramb, who probably sung or recited their parts in 
the trochaic metre, while the main body of the ode 
was written in irregular verse. It is easy to con- 
ceive how the introduction of an actor or speaker, 
independent of the chorus, might have been suggest- 
ed by the exarchs or coryphaei coming forward sep- 
arately and making short off-hand speeches, 7 wheth- 
er learned by heart beforehand, or made on the spur 
of the moment. (Vid. Chorus, p. 247.) But it is 
also possible, if not probable, that it was suggested 
by the rhapsodical recitations of the epic and gnomic 
poets formerly prevalent in Greece : the gnomic po- 
etry being generally written in iambic verse, the 
metre of the Attic dialogue, and which Aristotle 8 
says was used by Homer in his Margites, though 
its invention is commonly ascribed to Archilochus. 
In fact, 9 the rhapsodists themselves are sometimes 
spoken of as actors (vnro/cpiTai) of the pieces they 
recited, which they are also said to act (vTronpivao- 
8cu 10 ). But if two or more rhapsodes were called 
upon to go through an episode of a poem, a regula- 
tion which obtained at the Panathenaea, and attrib- 
uted to Solon or Hipparchus, 11 it is clear that they 
would present much of a dramatic dialogue. In 
fact, the principal scenes of the whole Iliad might 
in this way have been represented as parts of a 
drama. These recitations, then, being so common, 
it was natural to combine with the representation 
of the dithyramb, itself a mixture of recitative and 
choral song, the additional element of the dialogue, 
written in iambic verse, a measure suggested, per- 
haps, by the gnomic poetry, and used by Solon about 
the time of the origin of the dialogue, 13 more espe- 
cially as it is the most colloquial of all Greek me- 
tres (Kektikov), and that into which common con- 

1. (Poet., iii.. 3.)— 2. (Herod., i., 23.) — 3. (Zenob., v., 40.)— 
4 (Apostolius, xv., 13.) — 5. (Bode, p. 23.) —6. (Poet., iv., 14.) 
—7. ( Welcker, Nachtrag, p. 228.)— 8. (Poet., 4.)— 9. (Athen., 
.tiv., p. 629, d.— Muller, Lit. Gr., p. 34.)— 10. (Wolf, Proleg., p. 
17. — Plato, Hipparch., 228.) — 11. (Bode, p. 6.) — 12. (Solon, 
H-agm., 28, Gaisfrrd.) 
992 



versation most readily falls. It is, indeed, on/y s 
conjecture, that the dialogue, or the Ionian element 
of Attic tragedy, was connected with the rhapsodi- 
cal recitations, but it is confirmed by the fact tha 
Homeric rhapsodes were common at Sicyon, 1 the 
cradle of the Dorian tragedy, and also at Brauron 
in Attica, where the worship of Dionysus existed 
from ancient times. 3 This, however, is certain, 
that the union of the iambic dialogue with the lyri- 
cal chorus took place at Athens under Pisistratus, 
and that it was attributed to Thespis, a native of 
Icarus, one of the country demes or parishes of At- 
tica, where the worship of Dionysus had long pre- 
vailed. The introduction of this worship into Atti- 
ca, with its appropriate choruses, seems to have 
been partly owing to the commands of the Dorian 
oracle 3 in very early times. Thus it is stated* 
that tragedy (i. e., the old dithyrambic and satyrical 
tragedy) was very ancient in Attica, and did not 
originate with Thespis or his contemporaries. The 
alteration made by him, and which gave to the old 
tragedy (apxofievuv rtzv nspl Qia-rriv ^6n T7jv Tpdyu- 
diav Kivelv) a new and dramatic character (making 
it an ignotum tragica genus 5 ), was very simple, but 
very important. He introduced an actor, as it is 
recorded, for the sake of giving rest to the chorus, 6 
and independent of it, in which capacity be proba- 
bly appeared himself, 7 taking various parts in the 
same piece, under various disguises, which he was 
enabled to assume by means of the linen masks, the 
invention of which is attributed to him. Now as a 
chorus, by means of its leader, could maintain a di- 
alogue with the actor, it is easy to see how, with 
one actor only, " a dramatic action might be intro- 
duced, continued, and concluded, by the speeches 
between the choral songs expressive of the jcy or 
sorrow of the chorus at the various events oi the 
drama." Thus Muller observes that, in the play 
of Pentheus, supposed to have been composed by 
Thespis, " a single actor might appear successively 
as Dionysus, Pentheus, a messenger, Agave the 
mother of Pentheus, and in these characters ex- 
press designs and intentions, or relate events which 
could not be represented, as the murder of Pentheus 
by her mother : by which means he would repre- 
sent the substance. of the fable, as it appears in the 
Bacchae of Euripides." 8 With respect to the char- 
acter of the drama of Thespis there has been much 
doubt : some writers, and especially Bentley, 9 ha^e 
maintained that his plays were all satyrical and lu- 
dicrous, i. e., the plot of them was some story of 
Bacchus, the chorus consisted principally of satyrs, 
and the argument was merry : an opinion, indeed, 
which is supported by the fact that, in the early part 
of his time, the satyric drama had not acquired a 
distinctive character. It may also appear to be con- 
firmed by the statement 10 that at first the tragedians 
made use of the trochaic tetrameter, as being bet- 
ter suited to the satyrical and saltatorial nature of 
their pieces. But perhaps the truth is, that, in the 
early part of his career, Thespis retained the satyr- 
ical character of the older tragedy, but afterward in- 
clined to more serious compositions, which would 
almost oblige him to discard the satyrs from his 
choruses. That he did write serious dramas is in- 
timated by the titles of the plays ascribed to him, 
as well as by the character of the fragments of iam- 
bic verse quoted by Plutarch as his, 11 and which, 
even if they are forgeries of Heraclides Ponticus, 
at least prove what was the opinion of a scholar of 
Aristotle oi: the subject. Besides, the assertion 



1. (Herod., v., 67.)— 2. (Hesych., s. v. Bpavpwiois.)— 3. (T>e- 
mosth., c. Mid., p. 531.)— 4. (Plato, Minos, p. 321.— Plut., Sol., 
29.)— 5. (Hor., Ep. ad Pis., 275.)— 6. (Diog. Laert., iii., 50.)— 7. 
(Plut., Sol., 29.)— 8. (Muller, p. 29.— Bode, p. 57.)— 9. (Phal 
p. 218.)— 10. (Aristot., Poet., 4.)— 11. (Bentley, Phal., p. 21' 



ar. 
214 J 



THAGCEDIA 



TRAGQEDIA 



that Sophocles 1 wrote against the chorus of Thes- 
pis, seems to show that there was some similarity 
of character between the productions of the two 
poets. 2 A summary of the arguments in favour of 
the serious character of the tragedy of Thespis is 
given by Welcker. 3 The invention of the prologus 
and rhesis of tragedy (an expression clearly, in some 
measure, identical with the introduction of an actor) 
is also ascribed to Thespis by Aristotle.* By the 
former word is meant the first speech of the actor, 6 
or the procemium with which he opened the piece ; 
the chorus then sang the first ode, or napoSoc, after 
which came the facie, or dialogue between the act- 
or and the principal choreutae. The invention of 
this dialogue is also alluded to in the phrase le^euc 
he yevouevnc. 6 It is evident that the introduction of 
the dialogue must also have caused an alteration in 
the management of the chorus, which could not re- 
main cyclic or circular, but must have been drawn 
up in a rectangular form about the thymele, or altar 
of Bacchus in front of the actor, who was elevated 
on a platform or table (kheor^, the forerunner of the 
stage. The statement in Pollux 7 that this was the 
case before Thespis seems incorrect. 8 If we are 
right in our notion of the general character of the 
Thespian drama, the phrase ovdev npbc Aiowaov, 
which was certainly used in his time, was first ap- 
plied to his plays at Athens, as being unconnected 
with the fortunes of Dionysus, and as deviations 
from the fiiKpol fivdot nal "ki^ic yekoia of his prede- 
cessors. Plutarch, however, 9 supposes that its first 
application was later : he says, " when Phrynichus 
and JEschylus continued to elevate tragedy to le- 
gends and tales of sufferings (etc (ivdovc koi 7rd6rj 
7rpoay6vTov), the people, missing and regretting the 
old satyYic chorus, said, ' What is this to Bac- 
chus !' " Hence the expression was used to signi- 
fy what was mal-apropos, or beside the question. 

The reader may have observed that we have not 
noticed the lines of Horace : 10 

" Dicitur et plaustris vexisse poemata Thespis, 
Qua canerent agerentque peruncti fcecibus ora." 

The fact is that they are founded on a misconcep- 
tion of the origin of the Attic tragedy, and that the 
tale about the wagons of Thespis probably arose out 
of a confusion of the wagon of the comedian Susa- 
rion with the platform of the Thespian actor. The 
first representation of Thespis was in B.C. 535. 
His immediate successors were the Athenian Chcer- 
ilus and Phrynichus, the former of whom represent- 
ed plays as early as B.C. 524. He is said by Suidas 
to have written 150 pieces : from the title of one 
of them, the " Alope," its subject seems to have 
been a legend of Attic origin. 11 That he excelled in 
the satyrical drama invented by Pratinas, is indica- 
ted by the line of an unknown author, 

'Hviaa [lev (3acn.2.evc j]v ILoipikoc iv Zarvpoic ; 

and if he wrote anything like the number of dramas 
ascribed to him, it is also evident that the custom 
of contending with tetralogies must have been of 
early origin, for there were only two dramatic fes- 
tivals during the year. 

Phrynichus was a pupil of Thespis, and gained 
his first victory in the dramatic contests B.C. 511. 
In his works, the lyric or choral element still pre- 
dominated over the dramatic, and he was distin- 
guished for the sweetness of his melodies, which, 
in the time of the Peloponnesian war, were very 
popular with the admirers of the old style of music. 
The esteem in which his " ambrosial songs" were 

1. (Suidas invit.)— 2. (Bode, p. 47.) — 3. (Nachtra^, p. 257- 
276.)— 4. (Themist., p. 382, ed. Dindorf.) — 5. (Aristot., Poet., 
12.)— 6. (Id. ib., 4.)— 7. (iv., 123.) —8. (Welcker, Nachtrae, p. 
268.)-9. (Symp., i., 5.)-10. (Ep. ad Pis., 276.)— 11. (Paus., i., 
14, 6 3.— Bode, p. 00.) 



then held is shown in several passages of Aristopha 
nes, 1 and in the line 3 where the dtcasts are made to 
chant the old Sidonian sweet songs of Phrynichus, 

Kai fiivvpi^ovreq fj.e?.ij 
' 'Apxcuojit'Aio ididvofypwixypo-Ta, 

" Sidonian" being an allusion to the play which ha 
wrote called the Phcenissee. The first use of female 
masks is also attributed to him, 3 and he so far devi- 
ated from the general practice of the Attic trage- 
dians as to write a drama on a subject of cotempo- 
rary history, the capture of Miletus by the Persians, 
B.C. 494.* 

We now come to the first writer of satyrical 
dramas, Pratinas of Phlius, a town not far from 
Sicyon, and which laid claim to the invention of 
tragedy as well as comedy. 5 For some time pre- 
viously to this poet, and probably as early as Thes- 
pis, tragedy had been gradually departing more and 
more from its old characteristics, and inclining to 
heroic fables, to which the chorus of satyrs was not 
a fit accompaniment. But the fun and merriment 
caused by them were too good to be lost, or dis- 
placed by the severe dignity of the ^Eschylean 
drama. Accordingly, the satyrical drama, distinct 
from the recent and dramatic tragedy, but suggest- 
ed by the sportive element of the old dithyramb 
was founded by Pratinas, who, however, appears to 
have been surpassed in his own invention by Chcer- 
ilus. It was always written by tragedians, and 
generally three tragedies and one satyrical piece 
were represented together, which, in some instan- 
ces at least, formed a collected whole, called a te- 
tralogy (jETpakoyla). The satyrical piece w r as acted 
last, so that the minds of the spectators were agree- 
ably relieved by a merry afterpiece at the close of 
an earnest and engrossing tragedy. The distin- 
guishing feature of this drama was the chorus of 
satyrs, in appropriate dresses and masks, and its 
subjects seem to have been taken from the same 
class of the adventures of Bacchus and of the heroes 
as those of tragedy ; but, of course, they were so 
treated and selected that the presence of rustic 
satyrs would seem appropriate. In their jokes, and 
drollery, and naivete consisted the merriment of the 
piece ; for the kings and heroes who were intro- 
duced into their company were not of necessity 
thereby divested of their epic and legendary charac- 
ter (Horace 6 speaks of the " incolumi gravitate"), 
though they were obliged to conform to their situa- 
tion, and suffer some diminution of dign ; ty from their 
position. Hence Welcker 7 observes, the satyrical 
drama, which, so to speak, was " the Epos turned 
into prose, and interspersed with jokes made by the 
chorus," is well spoken of as a " playful tragedy' 
(irai&voa rpayudia), being, both in form and mate- 
rials, the same as tragedy. Thus also Horace 8 says, 

" Effutire leves indigna tragoedia versus 
Intererit satyris paulum pudibunda protervis," 

alluding in the first line to the mythic or epic ele- 
ment of the satyric drama, which he calls tragoedia, 
and in the second representing it as being rathei 
ashamed of its company. The scene was, of course, 
laid in the supposed haunts of the satyrs, as we 
learn from Vitruvius : 9 " Satyricce scenes ornantur 
arboribus, montibus reliquisque agrestibus rebus," all 
in keeping with the incidents of the pieces, and re- 
minding the spectators of the old dithyramb and the 
god Dionysus, in whose honour the dramatic con- 
tests were originally held. We must, however, 
observe, that there were some characters and le- 
gends which, as not presenting any serious or pa- 

1. (Aves, 748. — Thesm., 164.)— 2. (Vesp., 219.) — 3. (Suid 
invit.) — 4. (Herod., vi., 21.) — 5. (Bode. p. 35.)— 6. (Ep. ad 
Pis., 222.) — 7. (Nachtrag. p. 331.)— 8. (Ep ad Pis., 231 1 — 
(v.. 8.) 

QQ3 



TRAGCEDlA. 

thetic aspects, were not adapted for tragedy, and, 
therefore, were naturally appropriated to the satyric 
drama. Such were Sisyphus, Autolycus, Circe, 
Callisto, Midas, Omphale, and the robber Skiron. 
Hercules also, as he appears in Aristophanes 1 and 
the Alcestis of Euripides, was a favourite subject 
of this drama, as being no unfit companion for a 
drunken Silenus and his crew. 2 The Odyssey also, 
says Lessing, 3 was in general a rich storehouse of 
the satyrical plays ; but, though the Cyclops of Eu- 
ripides, the only satyrical play extant, was taken 
from it, the list of satyric pieces given by Welcker* 
hardly confirms this assertion. 

We now come to the improvements made in tra- 
gedy by ^Eschylus, of which Aristotle 5 thus speaks : 
" He first added a second actor and diminished the 
parts of the chorus, and made the dialogue the prin- 
cipal part of the action" (Tov Xoyov TrpuTayovLaTjjv 
Trapaotcevaae). He also availed himself of the aid 
of Agatharchus the scene-painter, and improved the 
costume of his actors by giving them thick-soled 
boots (£/z6ttra0> as well as the masks, which he 
made more expressive and characteristic. Horace 6 
thus alludes to his improvements : 

" persona pall<zque repertor honesta 
JEschylus, et modicis instravit pulpita tignis 
Et docuit magnumque loqui, nilique coihurno." 

The custom of contending with trilogies (rpt^oycai), 
or with three plays at a time, is said to have been 
also introduced by him. In fact, he did so much 
for tragedy, and so completely built it up to its 
" towering height," that he was considered the 
father of it. The subjects of his drama, as we have 
before intimated from Plutarch, were not connected 
with the worship of Dionysus, but rather with the 
great cycle of Hellenic legends and some of the 
myths of the Homeric Epos. Accordingly, he said 
of himself 7 that his dramas were but scraps and 
fragments from the great feasts of Homer. Another 
instance of his departure from the spirit and form 
of the old tragedy, as connected with Dionysus, is 
shown in his treatment of the dithyrambic chorus 
of fifty men, which, in his trilogy of the Oresteia, he 
did not bring on the stage all at once, but divided it 
into separate parts, making a different set of choreu- 
tse for each of the three pieces. 8 In the latter part 
of his life ^Eschylus made use of one of the improve- 
ments of Sophocles, namely, the Tpirayuviarriq, or. 
third actor. This was the finishing stroke to the 
dramatic element of Attic tragedy, which Sophocles 
is said to have matured by farther improvements 
in costume and scene-painting. Under him tragedy 
appears with less of sublimity and sternness than in 
the hands of ^Eschylus, but with more of calm 
grandeur, and quiet dignity, and touching incident. 
His latter plays are the perfection of the Grecian 
tragic drama, as a work of art and poetic compo- 
sition in a thoroughly-chastened and classic style, 
written when, as he says of himself, he had put 
away the boyish pomp of ^Eschylus (rbv Alaxv^ov 
diaTrenacxuc oymv), and the harsh obscurity of his 
own too great refinements, and attained to that 
style which he thought the best, and most suited 
for portraying the characters of men. 9 The intro- 
duction of the third actor enabled him to do this 
the more effectually, by showing the principal char- 
acter on different sides and under different circum- 
stances, both as excited by the opposition of one, 
and drawn out by the sympathies of another. ( Vid. 
Histrio, p. 505.) Hence, though the plays of 
Sophocles are longer than those of JEschylus, still 



1. (Ranae.)— 2. (Miiiler, 295.) — 3. (Leben des Sophocles, $ 
115.)— 4. (Nachtrag, p. 284, 322.)— 5. (Poet., iv., $ 16.)— 6. (Ep. 
ad Pis., 278.) — 7. (Athen., viii., p. 347, e.)— 8. (Miiiler, Eu- 
menid.)— 9. (Plut., De Pro V. S., p. 79, b.) 
994 



TRAGCEDlA. 

there is not a corresponding increase of action, but 
a more perfect delineation of character. Creon, for 
instance, in the Antigone, and Ajax, are more per- 
fect and minutely drawn characters than any in 
iEschylus. The part of the chorus is, on the other 
hand, considerably diminished in his plays. Another 
distinguishing feature in them is their moral sigmn- 
cance and ethical teaching. Though the characters 
in them are taken from the old subjects of national 
interest, still they do not always appear as heroes, 
or above the level of common humanity, but in such 
situations, and under the influence of such motives, 
passions, and feelings, as fall to the lot of men in 
general : so that " every one may recognise in them 
some likeness of himself." 

In the hands of Euripides tragedy deteriorated, 
not only in dignity, but also in its moral and reli- 
gious significance. He introduces his heroes in 
rags and tatters, and busies them with petty affairs, 
and makes them speak the language of every-day 
life. As Sophocles said of him, 1 he represented 
men, not as they ought to be, but as they are, with- 
out any ideal greatness or poetic character — thor- 
oughly prosaic personages. His dialogues, too, were 
little else than the rhetorical and forensic language 
of his day cleverly put into verse : full of sophistry 
and quibbling distinctions. One of the peculiarities 
of his tragedies was the npoXoyog, an introductory 
monologue, with which some hero or god opens the 
play, telling who he is, what is the state of affairs, 
and what has happened up to the time of his ad- 
dress, so as to put the audience in possession of 
every fact which it might be necessary for them to 
know : a very business like proceeding, no doubt, but 
a poor make-shift for artistical skill. The " Dcus 
ex machina" also, though not always, in a * i nodus, 
tali vindice dignus" was frequently employed by 
Euripides to effect the dhioument of his pieces. Th<3 
chorus, too, no longer discharged its proper and 
high functions, either as a representative of the feel- 
ings of unprejudiced observers, or " as one of the 
actors and a part of the whole," joining in the de- 
velopment of the piece. Many of his choral odes, 
in fact, are but remotely connected in subject with 
the action of the play. Another novelty of Euripi- 
des was the use of " monodies" or lyrical songs, in 
which, not the chorus, but the principal persons 
of the drama, declare Lhoir emotions and sufferings. 
They were among the most brilliant parts of his 
pieces, and, being sung by persons on the stage, are 
sometimes described as fodai unb cK-nvfjg* Aris- 
tophanes often parodied them, and makes Euripides 
say of himself 3 th.it he "nurtured tragedy witli 
monodies, introducing Cephisophon," his chief actor, 
to sing them. 

En - ' av£Tpe<pov fiovudiaig, K?]<bLGO(j)(JvTa [ityvvg. 

Euripides was also the inventor of tragi-comedy, 
which not improbably suggested, as it certainly re- 
sembled, the IXaporpayudia of the Alexandrian age, 
the latter being a half-tragic, half-comic drama, or, 
rather, a parody or travesty of tragical subjects. A 
specimen of the Euripidean tragi comedy is still 
extant in the Alcestis, acted B.C. 438, as the last 
of four pieces, and therefore as a substitute for a 
satyrical drama. Though tragic in its form and 
some of its scenes, it has a mixture of comic and 
satyric characters (e. g., Hercules), and concludes 
happily. 

It remains to make some remarks on the nature 
and object of Greek tragedy in general, and on the 
parts into which it is divided. According to Plato, 4 
the truest tragedy is an imitation of the noblest and 
best life : [ilfivaig rov KaXkicrov mi upiarov (3iov. 

1. (Aristot., Poet., 25.)— 2. (Phot., Lex., s v.)— 3. fRana 
944.)— 4. (Leg.,vii M p. 817.) 






TRAGCED1A. 



TRAGCEDIA. 



Aristotle's definition is more comprehensive and 
perhaps perfect. " Tragedy is an imitation of an 
action that is important (o-Kovdaiac), and entire, and 
of a proper magnitude, in pleasurable language, by 
means of action, not of narration, and effecting, 
through terror and pity, the refinement and correc- 
tion of such passions" (ttjv toiovtuv Tradnfidruv 
KuBapoiv). He then adds, Tragedy contains six 
parts : the story, i. e., the combination of incidents 
or plot, manners, expression, sentiment, decoration, 
and music (pvOoc nai f/dn, nai Xetjic, ical didvoia, nai 
6xl>ic, nai fie?.oTcoua). Of these the story is the 
principal part, developing the character of agents, 
and being, in fact, the very soul of tragedy. The 
manners come next, and manifest the disposition of 
the speakers. The sentiments take the third place, 
and comprehend whatever is said, whether proving 
anything, or expressing some general reflection. 
Afterward he adds, Fables are of two sorts, simple 
and complicated (ol fiev drcAol, ol 6s 7reTrXeyfxivoi), 
the catastrophe of the former produced without a 
revolution or discovery, of the latter with one or 
both. Now a revolution (TceptiziTeia) is a change to 
the reverse of what is expected from the circum- 
stances of the action : a discovery (dvayvupiaic) is 
a change from known to unknown, happening be- 
tween characters whose happiness or unhappiness 
forms the catastrophe of the drama. The best sort 
of discovery is accompanied by a revolution, as in 
the CEdipus. Aristotle next enumerates the parts 
of quantity (nard to ttooov) or division in tragedy : 
these are, the prologue, episode, exode, and choral 
songs; the last divided into the parode and stasi- 
mon. The rrpoXoyoc is all that part of a tragedy 
which precedes the parodos of the chorus, i. e., the 
first acf. The kneicodtov is all the part between 
whole choral odes. The ttjodog that part which has 
no choral ode after it. Of the choral part, the ndpo- 
6og is the first speech of the whole chorus (not bro- 
ken up into parts) : the stasimon is without ana- 
paests and trochees. These two divisions were 
sung by all the choreutae {kolvu, drrdvrcjv), but the 
" songs on the stage" and the Kofi/ioi by a part only 
(idia 6e rd awb rrjg GKnvrjc nai Kofifj.01). The com- 
mus, which properly means a wailing for the dead, 
was generally used to express strong excitement, 
or lively sympathy with grief and suffering, espe- 
cially by ^Eschylus. It was common to the actors 
and a portion only of the chorus (/co/z/zof 6e -dpijuog, 
koivoc x°P°v, nai dixb cKrjvrjg), whence its derivative 
KonftaTLKu, is used to designate broken and inter- 
rupted songs sung either by individual choreutae or 
divisions of the chorus. 1 Again, the ndpodoc. was 
so named as being the passage-song of the chorus, 
sung while it was advancing to its proper place in 
the orchestra, and therefore in anapaestic or march- 
ing verse ; the ordaip.ov, as being chanted by the 
chorus when standing still in its proper position. 2 

With respect to the ends or purposes of tragedy, 
Aristotle observes that they are best effected by the 
representation of a change of fortune from prosper- 
ity to adversity, happening to a person neither em- 
inently viituous noi just, noi jet involved in mis- 
fortune by deliberate vice or viMany, but by some 
error of human frailty, and that he should also be a 
person of high fame and eminent prosperity, like 
CEdipus or Thj'estes. Hence, he adds, Euripides is 
not censurable, as is generally supposed ; for trage- 
dies with an unhappy termination, like his, have al- 
ways the most tragic effect ; and Euripides is the 
most tragic of all poets, i. c, succeeds best in pro- 
ducing pity : an expression especially true of some 
scenes in the Medea. In iEschylus, the feelings of 
pity and melancholy interest are generally excited 
by the relation in which his heroes stand to desti- 

1. (Miiller, Fuinen, r> S4.)— 2. (Suitl. and Etymol. Ma^.) 



ny. He mostly represents them as vainly strug 
gling against a blind but irresistible late, to whose 
power (according to the old Homeric notion) even 
the father of gods and men is forced to yield, and 
it is only occasionally, as in the splendid chorus of 
the Eumenides (522), that we trace in him any inti- 
mations of a moral and retributive government of 
the world. Hence there is a want of moral lessons 
in his works. In Sophocles, on the contrary, we 
see indications of a different tone of thought, and 
the superintendence of a directing and controlling 
power is distinctly recognised : " the great Zeus in 
heaven, who superintends and directs all things." 1 

The materials of Greek tragedy were the nation- 
al mythology, 

"Presenting Thebes, or Pelops' line, 
Or the tale of Troy divine." 

The exceptions to this were the two historical tia 
gedies, the " Capture of Miletus," by Phrynichus, 
and the " Persians" of iEschylus ; but they belong 
to an early period of the art. Hence the plot and 
story of the Grecian tragedy were, of necessity, 
known to the spectators, a circumstance which 
strongly distinguishes the ancient tragedy from the 
modern, and to which is owing, in some measure, 
the practical and quiet irony in the handling of a 
subject, described by Thirl wall 2 as a characteristic 
of the tragedy of Sophocles. 

The functions of the chorus in Greek tragedy 
were very important, as described by Horace : 3 

" Actoris partes chorus officiumque virile 
Defendal : neu quid medios intercinat actus, 
Quod non proposito conducat, et hcercat apte," &c 

We must conceive of it, says A. W. Schlegel, as 
the personification of the thought inspired by the 
represented action ; in oth-er words, it often ex- 
presses the reflections of a dispassionate and right- 
minded spectator, and inculcates the lessons of mo- 
rality and resignation to the will of heaven, taught 
by the occurrence of the piece in which it is en- 
gaged. Besides this, the chorus enabled a poet to 
produce an image of the " council of elders," which 
existed under the heroic governments, and under 
whose advice and in whose presence the ancient 
princes of the Greek tragedy generally acted. This 
image was the more striking and vivid, inasmuch as 
the chorus was taken from the people at large, and 
did not at all differ from the appearance and stature 
of ordinary men ; so that the contrast and relation 
between them and the actors was the same as that 
of the Homeric %aoi and dvanTeg. Lastly, the cho- 
ral songs produced an agreeable pause in the action, 
breaking the piece into parts, while they presented 
to the spectator a lyrical and musical expression of 
his own emotions, or suggested to him lofty thoughts 
and great arguments. As Schlegel says, the chorus 
was the spectator idealized. With respect to the 
number of the chorus, Muller* thinks that, out of 
the dithyrambic chorus of 50, a quadrangular cho- 
rus of 48 persons was first formed, and that this 
was divided into sets of 12, one for each play of a 
tetralogy ; but in the time of Sophocles the tragic 
chorus amounted to 15, a number which the ancient 
grammarians always presuppose in speaking of its 
arrangements, though it might be that the form of 
the ^Eschylean tragedy afterward became obsolete. 
The preceding account should be read in connex- 
ion with the articles Chorus, Dionysia, Histrio, 

and^THEATRUM. 

T" he explanation of the following phrases may be 
useful : 

TlapaxopT]yr][ia : this word was used in case of a 

1. (Electr., 174— Thirlwall, Phil. Mus., vol. ii., p. 492.)— 2. 
(Phil. Mus.. ii., p. 483, &c.)— 3. (Ep. ad P^s., 193.)— 4. (Lit 
of Greece, 300.) 

995 



TRAGCEDIA. 



TRAGCEDIA. 



fourth actor appearing on the stage, probably be- 
cause the choragus was required to be at an extra 
expense in supplying him with costume, &c. ; some- 
times actors so called spoke, as the character of 
Pylades does ; x sometimes they were mutes. 

HapaanrjVLov : this phrase was used when one of 
the choreutae spoke in song instead of a fourth ac- 
tor, probably near or behind the side-scenes. Ila- 
pvyopriuara were voices off the stage, and not seen, 
as the frogs in the Ranae. 2 

Hapaxopr/fiara, persons who came forward but 
once, something like the npoauira nporaTiKa, or in- 
troductory persons who open a drama and never 
appear again ; as the watchman in the Agamem- 
non, and Polydorus in the Hecuba. Terence also 
frequently uses the persona protatica. 3 

The dixopia was a double chorus, formed of the 
choruses of two separate plays : thus, at the end of 
the Eumenides of ^schylus, the Furies of one play 
and the festal train of another come on the stage 
together. 4. 

The principal modern writers on the Greek trage- 
dy are mentioned in the course of the article. The 
reader may also consult Wachsmuth, II. , ii., p. 467 
and 421. — Gruppe, Ariadne, Die Tragische Kunst 
der Griechen in ihrer Enticickelung und in ihrem Zu- 
sammenhange mit der Volkspoesie, Berl., 1834. — Mu- 
seum Criticum, ii., p. 69. &i. — Copleston, Pralec- 
tiones Academics. — Schneider, Ueber das Attische 
Theaterwesen, an exceedingly valuable book. 

II. Roman Tragedv. The tragedy of the Ro- 
mans was, for the most part, an imitation of, or, 
rather, a borrowing from the Greek, the more im- 
perfect and unnatural as the construction of the 
Roman theatre afforded no appropriate place for the 
chorus, which was therefore obliged to appear on 
the stage instead of in the orchestra. The first 
tragic poet and actor at Rome 5 was Livius Andron- 
icus, a Greek by birth, who began to exhibit in B.C. 
240. From the account in Livy, 6 it would seem that 
in his monodies (or the lyrical parts sung, not by a 
chorus, but by one person) it was customary to sep- 
arate the singing from the mimetic dancing, leaving 
the latter only to the actor, while the singing was 
performed by a boy placed near the flute-player 
(ante tibicinem), so that the dialogue only (diverbia) 
was left to be spoken by the actors. One cf the 
plays written by him was an "Andromeda;" and 
he also made a Latin prose translation of the Odys- 
see. The next tragic poet at Rome was Naevius, 
who, however, appears to have written comedies as 
well as tragedies, 7 and a history of the first Punic 
war : so that the writing of tragedies was not a dis- 
tinct profession at Rome as at Athens. An "Al- 
cestis" seems to have been written by him. To 
the same epoch as Livius Andronicus and Naevius 
belongs Ennius, who resembled the latter in being 
an epic poet as well as a tragedian. Among the 
plays written by him are mentioned a Medea, an 
Ajax, a Phoenissae, an Iphigenia, an Andromache, 
and a Hecuba. The metre used by him and Naevius 
was iambic or trochaic in the dialogue, and anapaest- 
ic for the lyrical parts. 8 The next distinguished 
tragedian was Pacuvius, a nephew of Ennius, and 
a painter also. His style was more remarkable for 
spirit and vigour of expression than polish or re- 
finement, a deficiency attributable to his age and 
provincial origin, as he was born at Brundisium. 
Among his plays occur an Antiope, a Chryses, and 
a Dulorestes, 9 and his tragedies found admirers 
even in the time of Persius. 10 Cicero 11 quotes from 

1. (^sch., Choeph., 900-902.)— 2. (Pollux, Onom., iv., 109.— 
Schol. in Aristoph., Pac, 113.) — 3. (Donat. Ter., Prolog, ad 
Andr.)— 4. (Miiller, Literat., &c, p. 300.)— 5. (Gellius, xxi., 17.) 
—6. (vii., 2.)— 7. (Hieron. in Euseb., Olymp. 144, 3.)— 8. (Gel- 
lius, xi., 4.)— 9. fQmntil., x., 1.— Cic, Orat., Hi., 39.)— 10. (i., 
77.)— 11. (1. c.) 
996 



him a spirited translation of the concluding lines oi 
the Prometheus Vinctus of ^Eschylus. Attius oi 
Accius the younger was junior to Pacuvius by aboul 
fifty years. His earlier plays were, as he himselt 
admitted, harsh and obscure j 1 but his style prob- 
ably altered with increasing years. Many frag, 
ments of his plays occur in Cicero and the Latin 
grammarians, Diomedes, Nonius, and Varro. He 
was also a writer of annals in hexameter verses.* 
The five poets mentioned above belong to the earlier 
epoch of Roman tragedy, in which little was writ- 
ten but translations and imitations of the Greek, 
with occasional insertions of original matter. How 
they imitated the structure of the choral odes is 
doubtful ; perhaps they never attempted it. Enni- 
us, Pacuvius, and Accius are contrasted by Cicero 3 
with ^Eschylus, Sophocles, and Euripides ; and of 
the last two Quintilian 4 says, " Virium Accio plus 
tribuitur ; Pacuvium videri doctiorem, qui esse doct. 
affectant, volunt." 

In the age of Augustus, the writing of tragedies, 
whether original or imitations, seems to have been 
quite a fashionable occupation. The emperor him- 
self attempted an Ajax, but did not succeed ; and 
when his friends asked him, " Quidnam Ajax ageretV 
his reply was "Ajacem suum in spongiam incubu- 
isse." b One of the principal tragedians of this 
epoch was Asinius Pollio, to whom the line 6 

" Sola Sophocleo tua carmina dignacotliurrid 1 '' 

is supposed to apply : he also excelled in other lit 
erary accomplishments. 7 Ovid 8 also wrote a trage- 
dy, of which Quintilian. 9 says, " Ovidii Medea videtur 
mihi ostendere, quantum Me vir prcestare potuerit si in 
genio suo temperare quam indulgere maluisset." His 
" armorum judicium ,n0 between Ajax and Ulysses, 
on which Pacuvius and Accius also wrote dramas 5 
proves that he might have rivalled Euripides in rhe 
torical skill. Quintilian also says of Varius, who 
was distinguished in epic as well as tragic poetry, 11 
that his Thyestes might be compared with any oi 
the Greek tragedies. Some fragments of his Thy 
estes are extant, but we have no other remains oi 
the tragedy of the Augustan age. The loss, per- 
haps, is not great ; for the want of a national and 
indigenous mythology must have disabled the Ro- 
man poets from producing any original counterparts 
of the Greek tragedy ; besides which, in the later 
days of the Republic, and under the Empire, the 
Roman people were too fond of gladiatorial shows, 
and boast-fights, and gorgeous spectacles, to en- 
courage the drama. Moreover, it is also manifest 
that a tragedy like that of the Greeks could not 
have flourished under a despotism. 

The only complete Roman tragedies that have 
come down to us are the ten attributed to the phi- 
losopher Seneca. But whether he wrote any ol 
them or not is a disputed point. It is agreed that 
they are not all from the same hand, and it is doubt • 
ful whether they are all of the same age even. In 
one of them, the Medea, the author made his hero- 
ine kill her children on the stage, " coram populo," 
in spite of the precept of Horace. Schlegef" thus 
speaks of them : "To whatever age they belong, 
they are, beyond description, bombastic and frigid, 
utterly unnatural in character and action, and full 
of the most revolting violations of propriety, and 
barren of all theatrical effect. With the old Gre- 
cian tragedies they have nothing in common but 
the name, the exterior form, and the matter. Theii 
persons are neither ideal nor real men, but missha- 
pen giants of puppets, and the wire that moves them 

1. (Gellius, xiii., 2.)— 2. (Macrob., Sat., i., 7.)— 3. (De Orat., 
iii M 7.)_4. ( X>) i,$97.)_5. (Suet., Octav., 85.)-6. (Virg., Ec 
log., viii., 10.)— 7. (Hor., Carm., ii., 1.)— 8. (Trist., ii., 556.)— 9 
(x., 1, t; 98.)— 10. (Metam., xiii.)— 11. (Hor., Carm., i., 6.— M 
Ep ad Pis., 55. — Tacit., Dial., xii., 1.) — 12. (Lee' . viii.) 



TRIARII. 



TR1BULUS. 



ig at one time an unnatural heroism,, at another a 
passion alike unnatural, which no atrocity of guilt 
can appal." Still they have had admirers: Hein- 
sius calls the Hippolytus " divine," and prefers the 
Troades to the Hecuba of Euripides : even Racine 
has borrowed from the Hippolytus in his Phedre. 

Roman tragedians sometimes wrote tragedies on 
subjects taken from their national history. Pacu- 
vius, e. g., wrote a Paulus, L. Accius a Brutus and 
a Decius. 1 Curiatius Maternus, also a distinguish- 
ed orator in the reign of Domitian, wrote a Domi- 
tius and a Cato, the latter of which gave offence to 
the rulers of the state (potentium animos qffcndit*). 
The fragments of the Thyestes of Varius are given 
by Bothius, Poet. Seen. hat. Frag:, p. 279. 

*TRAGOPO'GON (Tpayonuyuv), a plant, Goat's- 
beard. According to Stackhouse, it is the Trago- 
pogon Orienlalis. Sprengel, however, prefers the 
crucifolia. 3 

•TRAGORIG'ANON (rpayopiyavov), a species of 
Thyme. The two kinds described by Dioscorides 
are held by Sprengel to be the Thymus Tragoriga- 
num and the Stachys glutinosa.* 

*TRAGOS (rpdyog), the male of the Capra hircus, 
J. the alt; being the female. '* The ancients were 
likewise acquainted with the Wild Goat, or Capra 
ibex ; it is supposed to be the akko of the Hebrews, 
and the -payiTtaQos of the Septuagint and Diodorus 
Siculus." 5 

*II. A plant mentioned by Dioscorides, and now 
called Salsola Tragus. III. Another plant, men- 
tioned by the same writer, and with which Spike- 
nard was adulterated. According to Clusius and 
Sprengel, it is the Saxifraga hirculus. 6 

TRA'GULA. (Vid. Hasta, p. 490.) 

TRANSA'CTIO IN VIA. (Vid. Actio, p. 18.) 

TRA'NSFUGA. (Vid. Desertor.) 

TRANSTRA. (Vid. Ships, p. 893.) 

TRANSVE'CTIO EQUITUM. (Vid. Equites, 
p. 416 ) 

TPAT'MATOS EK IIPONOI'AS TPA<PH (rpav- 
uaToc. etc irpovoiac ypa<j)7J). Our principal information 
respecting this action is derived from two speeches 
of Lysias, namely, x-pbc ZifMova and -rrepl TpavpaToc 
ek trpovoiac, though they do not supply us with many 
particulars. It appears, however, that this action 
could not be brought by any person who had been 
wounded or assaulted by another, but that it was 
necessary to prove that there had been an intention 
to murder the person who had been wounded ; con- 
sequently, the npovoia consisted in such an inten- 
tion. Cases of this kind were brought before the 
Areiopagus : if the accused was found guilty, he 
was exiled from the state and his property confis- 
cated. 7 

TREBO'NIA LEX. (Vid. Lex, p. 586.) 

TRESVIRI. (Fid. Triumviri.) 

TRIA'RII is the name of a class of soldiers be- 
longing to the infantry of the Roman legion. Nie- 
buhr 8 supposes that the name was derived from 
their being formed of all the three heavy-armed 
classes, and not from their being placed in the third 
line of the battle array, 9 so that the triarians form- 
ed thirty centuries, ten belonging to each class. 
Thus the triarians would have existed from the insti- 
tution of the Servian centuries ; 10 but, so long as the 
battle array of a legion resembled that of a Macedo- 
nian phalanx, the triarians could not be in the line 

1. (Cic, De Div., i., 22.)— 2. (Tacit., Dial., 2.— Lang., Vind. 
Trag. Roman., p. 14.) — 3. (Dioscor., ii., 172. — Theophrast., H. 
P., vii., -7.) — 4. (Dioscor., iii., 32. — Adams, Append., s. v.)— 5. 
(Died. Sic, ii., 51. — Adams, Append., s. v.) — 6. (Dioscor., iv., 
51. — Adams, Append., 6. v.) — 7. (Compare Demosth.,c. Aristocr., 
627,22. — Id., c. Boeot., 1018, 9. — ^Esch., De Fals. Leg., 270.— 
Id., c. Ctes., 440, 603 - Lys., c Andoc., p. 212.— Lucian. Tunon, 
46. — 1 ollux, Onom., wii., 40. — Meier, Att. Proc , p. 314.) — 8. 
(Hist bi Rome, i., p. 479.) — '.). (Liv., viii.,8.)— 10. (Njcbuhr, ii., 
a. 450.— Compdjf n. 569, and iij., p. 117, <tc.) 



of battle. They ma/, however, nevertheless have ex- 
isted with their name as guards of the camp, where 
they defended the walls and palisades, for which pur- 
pose they were armed with javelins, spears, and 
swords. Their javelin also may have been the pilum 
at an early time, whence their name Pilani. If the 
camp did not require a guard, the triarii would of 
course stand by their comrades in the phalanx. In 
the military constitution ascribed to Camillus, 1 the 
triarii formed part of the third ordo, consisting of 
fifteen maniples, and were arrayed behind the prin- 
cipes. 2 In the time of Polybius, when the 170 cen- 
turies no longer existed, the soldiers of the infantry 
were drawn up in four ranks, according to their age 
and experience, and the triarii now were 600 of the 
oldest veterans of a legion, and formed the fourth 
rank, where they were a kind of reserve. 3 Their 
armour was the same as that of the hastati and 
principes, and consisted of a square shield, a short 
Spanish sword, two pila, a brass helmet with a 
high crest, and metal plates for the protection of 
the legs. 4 (Vid. Army, Roman, p. 103.) 

TRI'BULA or TRPBULUM (t P i66?loc), a corn- 
drag, consisting of a thick and ponderous wooden 
board, which was armed underneath with pieces of 
iron or sharp flints, and drawn over the corn by a 
yoke of oxen, either the driver or a heavy weight 
being placed upon it, for the purpose of separating 
the grain and cutting the straw. 5 Together with 
the tribula, another kind of drag, called traha, was 
also sometimes used, which it is probable was either 
entirely of stone or made of the trunk of a tree. 6 
These instruments are still used in Greece, Asia 
Minor, Georgia, and Syria, and are described by va- 
rious travellers in those countries, but more espe- 
cially by Paul Lucas, 7 Sir R. K. Porter, 8 Jackson, 4 
and C. Fellows. 10 The corn is threshed upon a cir- 
cular floor (area, dluv), either paved, made of har- 
dened clay, or of the natural rock. It is first heap- 
ed in the centre, and a person is constantly occupied 
in throwing the sheaves under the drag as the oxen 
draw it round. Lucas and Fellows have given 
prints representing the tribula as now used in the 
East. The verb tribulare 11 and the verbal noun trib- 
ulatio were applied in a secondary sense to denote 
affliction in general. 

TRPBULUS (Tpl6o?,oc), a caltrop, also called mu- 
rex. 12 When a place was beset with troops, the one 




party endeavoured to impede the cavalry of the 

1. (Plut., Camill., 40.)— 2. (Liv., viii., 8.)— S (Polyb., vi.. 21, 
<fec.) — 4. (Vid. Niebuhr, 1. c, compared with the account of 
Gdttling, Gesch. der Rom. Staatsv., p. 365, 399.)— 5. (Varro, De 
Re Rust., i., 52. — Ovid, Met., xiii., 803. — Plin., H. N., xvin., 
30. — Longus, iii., 22. — Brunei, Anal., ii.,215. — Amos, i., 3.) — 6 
(Virg., Georg., i., 164. — Servins ad loc. — Col., De Re Rust., ii. 
21.)— 7. (Voyage, t. i., p. 182.)— 8. (Travels, vol. i., p. 158.)— 9 
(Journey from India, p. 249.)— 10. (Journal, p. 70, 333.) — 11 
(Cato. De Ue Rust., 23.)— 12. (Val. Max., iii., 7, $ 2.— Curt., iv 
13, v 36.) 

997 



TRIBUNES. 



TRIBUNTJS. 



jther party, either by throwing before them caltrops, 
which necessarily lay with one of their four sharp 
points turned, upward, or by burying the caltrops 
with one point at the surface of the ground. * The 
preceding woodcut is taken from a bronze caltrop 
figured by Caylus. 2 

*TRIB'ULUS (rpt6o?iog), an aquatic plant, produ- 
cing a prickly nut having a triangular form, " Wa- 
ter-chestnut" or " Water-caltrops," the Trapa nu- 
tans, called by some Tpi6olog evvdpo^. 3 

*II. Another prickly plant, growing among corn, 
the Tribulus tenestris, or Land-caltrops, called also 
rpi6oAog xepoaZog* 

TRIBU'NAL, a raised platform, on which the 
prsetor and judices sat in the Basilica. It is descri- 
bed under Basilica, (p. 141). 

There was a tribunal in the camp, which was 
generally formed of turf, but sometimes, in a sta- 
tionary camp, of stone, from which the general ad- 
dressed the soldiers, and where the consul and trib- 
unes of the soldiers administered justice. When 
the general addressed the army from the tribunal, 
the standards were planted in front of it, and the 
army placed round it in order. The address itself 
was called Allocutio. 5 (Vid. Castra, p. 223.) 

A tribunal was sometimes erected in honour of a 
deceased imperator, as, for example, the one raised 
to the memory of Germanic us. 6 

Pliny 7 applies the term to embankments against 
the sea. 

TRIBUNrCIA LEX. (Vid. Tribunus.) 

TRIBU'NUS. This word seems originally to 
have indicated an officer connected with a tribe 
(tribus), or who represented a tribe for certain pur- 
poses ; and this is indeed the character of the offi- 
cers who were designated by it in the earliest times 
of Rome, and may be traced, also, in the later offi- 
cers of this name. We subjoin an account of all 
the Roman officers known under this name. 

Tribunes of the three Ancient Tribes. At the 
time when all the Roman citizens were contained 
in the three tribes of the Ramnes, Tities, and Lu- 
ceres, each of them was headed by a tribune (<pvAap- 
jof 8 ), and these three tribunes represented their re- 
spective tribes in all civil, religious, and military af- 
fairs ; that is to say, they were in the city the ma- 
gistrates of the tribes, and performed the sacra on 
their behalf, and in times of war they were their 
military commanders. 9 Niebuhr 10 supposes that the 
tribunus celerum was the tribune of the Ramnes, the 
oldest and noblest among the three tribes, and in 
this opinion he is followed by Gottling, 11 though it 
is in direct contradiction to Dionysius 12 and Pompo- 
nius, 13 according to whom the tribunus celerum was 
the commander of the celeres, the king's body-guard, 
a statement which is rejected by Niebuhr without 
any ancient authority, except that Dionysius, in one 
passage, 14 vaguely speaks of tribuni celerum in the 
plural. That, however, the tribunus celerum was 
really distinct from the three tribunes of the tribes, 
is acknowledged by Niebuhr himself in a subse- 
quent part of his work. 15 In what manner the tri- 
bunus celerum was appointed is uncertain ; but, not- 
withstanding the statement of Dionysius, that Tar- 
quinius Superbus gave this office to L. Junius Bru- 
tus, it is much more probable that he was elected 
Dy the tribes ; for we find that when the imperium 
was to be conferred upon the king, the comitia 

1. (Vegoiij De Re Mil., iii., 24. — Jul. Afric, 69; ap. Vet. 
Math. Grcec, p. 311.)— 2. (Recueil, iv.,pl. 98.)— 3. (Dioscor., iv., 
15. — Adams, Append., s. v.) — 4. (Martyn ad Virg., Georg., i., 
153.)— 5. (Lipsius, De Milit. Rom., iv , 9.) — 6. (Tacit., Ann., ii., 
83 )— 7. (H. N., xvi., 1.)— 8. (Dionys. ii., 7.— Dig. 1, tit. 2, s. 2, 
t> 20.— Serv. ad JEn., v., 560.)— 9. (Liv., i., 59.— Dionys., ii., 64. 
-Va-TO, De Ling. Lat., iv., p. 24, ed. Bip.)— 10. (Hist, of Rome, 
, p. 331.)— 11. (Gesch. der R6m. Staatsv., p. 166.)— 12. (ii., 13.) 
—13. (De Orig. Jur., Disr. 1, tit. 2, s. 2, $ 15.)— 14. (ii., 64.)— 15. 
'ii., p. 41.) 

oua 



were held under the presidency of the tribunus ce 
lerum, and in the absence of the king, to whom this 
officer was next in rank, he convoked the comitia : 
it was in an assembly of this kind that Brutus pro- 
posed to deprive Tarquinius of the imperium. 1 A 
law passed under the presidency of the tribunus ee- 
lerrm was called a lex tribunicia, to distinguish it 
from one passed under the presidency of the king. 
(Vid. Regia Lex.) The tribunes of the three an- 
cient tribes ceased to be appointed when these tribes 
themselves ceased to exist as political bodies, and 
when the patricians became incorporated in the 
local tribes of Servius Tullius. (Vid. Tribus, Ro 
man.) 

Tribunes op the Servian Tribes. — When Ser- 
vius Tullius divided the commonalty into thirty 
local tribes, we again find that at the head of these 
tribes there was a tribune, whom Dionysius calls 
yvAapxog, like those of the patrician tribes. 2 He 
mentions them only in connexion with the city 
tribes, but there can be no doubt that each of the 
rustic tribes was likewise headed by a tribune. The 
duties of these tribunes, who were without doubt 
the most distinguished persons in their respective 
districts, appear to have consisted at first in keep- 
ing a register of the inhabitants in each district and 
of their property, for purposes of taxation, and for 
levying the troops for the armies. When, subse- 
quently, the Roman people became exempted from 
taxes, the main part of their business was taker, 
from them, but they still continued to exist. Nie- 
buhr 3 supposes that the tribuni cerarii, who occur 
down to the end of the Republic, were only the suc- 
cessors of the tribunes of the tribes. Varro* speak3 
of curatores omnium tribuum, a name by which he 
probably means the tribunes of the tribes. When, 
in the year 406 B.C., the custom of giving pay (sli- 
pendium) to the soldiers was introduced, each of 
the tribuni aerarii had to collect the tributum in his 
own tribe, and with it to pay the soldiers; 5 and m 
case they did not fulfil this duty, the soldiers had 
the right of pignoris capio against them. 6 In later 
times their duties appear to have been confined to 
collecting the tributum, which they made over to 
the military quaestors who paid the soldiers. ( Vid. 
Quaestor.) The lex Aurelia (70 B.C.) called the 
tribuni aerarii to the exercise of judicial functions, 
along with the senators and equites, as these trib- 
unes represented the body of the most respectable 
citizens. 7 But of this distinction they were subse- 
quently deprived by Julius Csesar. 8 

Tribuni Plebis. — The ancient tribunes of the 
plebeian tribes had undoubtedly the right of convo- 
king the meetings of their tribes, and of maintaining 
the privileges granted to them by King Servius, and 
subsequently by the Valerian laws. But this pro- 
tection was very inadequate against the insatiable 
ambition and usurpations of the patricians. When 
the plebeians, impoverished by long wars, and cru- 
elly oppressed by the patricians, at last seceded, in 
the year 494 B.C., to the Mons Sacer, the patricians 
were obliged to grant to the plebeians the right of 
appointing tribunes (tribuni plebis) with more effi- 
cient powers to protect their own order than those 
which were possessed by the heads of the tribes. 
The purpose for which they were appointed wa3 
only to afford protection against abuse on the part 
of the patrician magistrates ; and that they might 
be able to afford such protection, their persons were 
declared sacred and inviolable, and it was agreed 
that whoever acted against this inviolability should 



1. (Liv., i., 59.)— 2. (Dionys., iv., 14.)— 3. (>., p. 421.)— 4. (De 
Ling. Lat., v., p. 74, ed. Bip.)— 5. (Varro, De Ling. Lat., iv., p. 
49, ed. Bip.)— 6. (Cato ap. Gell., vii., 10.)— 7. (Orelli, Ononi. 
Tull., iii., p. 142— Appian, De Bell. Civ., iii., 23J— 8. iSuetoa 
Jul.. 41.) 



TRIBUNUS. 



TR1BUNUS 



be an outlaw, and that his property should he for- 
feited to the Temple of Ceres. 1 This decree seems 
to contain evidence that the heads of the trihes, in 
their attempts to protect members of their own or- 
der, had been subject themselves to insult and mal- 
treatment; and that similar things occurred even 
after the sanctity of the tribunes was established by 
treaty, may be inferred from the fact that, some time 
after the tribuneship was instituted, heavy punish- 
ments were again enacted against those who should 
venture to annoy a tribune when he was making a 
proposition to the assembly of the tribes. The law 
by which these punishments were enacted ordained 
that no one should oppose or interrupt a tribune 
while addressing the people, and that whoever 
should act contrary to this ordinance, should give 
bail to the tribunes for the payment of whatever 
fine they should affix to his offence in arraigning 
him before the commonalty ; if he refused to give 
bail, his life and property were forfeited. 2 It should, 
however, be observed, that this law belongs to a 
later date than that assigned to :t by Dionysius, as 
has been shown by Niebuhr ; 3 it was, in all probabil- 
ity, made only a short time befo/e its firsx application 
in 461 B.C., in the case of C^so Quinctius.* The 
tribunes were thus enabled to afford protection to 
any one who appealed to the assembly of the com- 
monalty, or required any oth'.-i assistance. They 
were essentially the representatives and the organs 
of the plebeian order, and their sphere of action was 
the comitia tributa. With the patricians and their 
comitia they had nothing to do. The tribunes them- 
selves, however, were not judges, and could inflict 
no punishments, 5 but could only propose the impo- 
sition of a fine to the commonalty (multam irrogare). 
The tribunes were thus, in their origin, only a pro- 
tecting magistracy of the plebs ; but, in the course 
of time, their power increased to such a degree that 
it surpassed that of all other magistrates, and the 
tribunes then, as Niebuhr 6 justly remarks, became 
a magistracy for the whole Roman people, in oppo- 
sition to the senate and the oligarchical elements in 
general, although they had nothing to do with the 
administration of the government. During the lat- 
ter period of the Republic they became true tyrants, 
and Niebuhr justly compares their college, such as 
it was in later times, to the National Convention of 
France during the first revolution. But, notwith- 
standing the great and numerous abuses which 
were made of the tribunitian power by individuals, 
the greatest historians and statesmen confess that 
the greatness of Rome and its long duration are in a 
great measure attributable to the institution of this 
office. 

As regards the number of the tribunes of the 
people, all the ancient writers agree (see the passa- 
ges in Niebuhr 7 ) that at first they were only two, 
though the accounts differ as to the names of the 
first tribunes. Soon afterward, however, the num- 
ber of tribunes was increased to five, one being 
taken from each of the five classes. 8 When this 
increase took place is quite uncertain. According 
to Dionysius, 9 three new tribunes were added imme- 
diately after the appointment of the first two. Ci- 
cero 10 states, that the year after the institution of 
the tribunes their number was increased to ten ; 
according to Livy, 11 the first two tribunes, imme- 
diately after their appointment, elected themselves 
three new colleagues ; according to Piso, 13 there 
were only two tribunes down to the time of the 
Publilian laws. It would be hopeless to attempt to 

1. (Liv., ii., 33.— Dionys., vi., 89.)— 2. (Dionys., vii., 17.)— 3. 
(ii., p. 93.)— 4. (Liv., iii., 13.)— 5. (Gellius, xiii., 12.)— 6. (i., p. 
B14.)— 7. (i., n. 1356 )— 8. (Ascon. in Cic, Com., p. 56, ed. Orel- 
li.— Zonar.. vii., 15.) -9. (vi., 89.)— 10. (Frasrm. Cornel., p. 451, 
ed Orelli.l— 11. (ii.. 33.1—12. (ap. Liv.. ii., bti.) 



ascertain what was really the ca^t : thus much 
only is certain, that the number was not increased 
to ten till the year 457 B.C , and that then twe 
were taken from each of the five classes. 1 This 
number appears to have remained unaltered down 
to the end of the Empire. 

The time when the tribur.es cere elected was, 
according to Dionysius, 3 always on the 10th of De- 
cember, although it is evident from Cicero 3 that in 
his time, at least, the election took place a. d. xvi. 
Kal. Sextil. (17th of July). It is almost superfluous 
to state that none but plebeians were eligible to the 
office of tribune ; hence, when, towards the end of 
the Republic, patricians wished to obtain the office, 
they were obliged first to renounce their own order 
and to become plebeians (via. Pjltricii, p. 743) ; 
hence, also, under the Empire, it was thought that 
the princeps should not be tribune because he was 
a patrician.* But the influence which belonged to 
this office was too great for the emperors not to 
covet it. Hence Augustus was made tribune for 
life. 5 During the Republic, however, the old regu- 
lations remained in force even after the tribunes 
had ceased to be the protectors of the plebs alone. 
The only instance in which patricians were elected 
to the tribuneship is mentioned by Livy, 6 and this 
was probably the consequence of an attempt to di- 
vide the tribuneship between the two orders. Al- 
though nothing appears to be more natural than 
that the tribunes should originally have been elect- 
ed by that body of the Roman citizens which they 
represented, yet the subject is involved in consid- 
erable obscurity. Cicero 7 states that they were 
elected by the comitia of the curies ; the same is 
implied in the accounts of Dionysius 8 and Livy, 9 ac- 
cording to whom the comitia of the tribes did not 
obtain this right till the lex Publilia (472 B.C. 1 *). 
Niebuhr thinks 11 that, down to the Publilian law, 
they were elected by the centuries, the classes of 
which they represented in their number, and that 
the curies, as Dionysius himself mentions in an- 
other place, 13 had nothing to do with the election 
except to sanction it. The election in the comitia 
of the centuries, however, does not remove the dif- 
ficulties, whence G6tt!i-.g 13 is inclined to think that 
the tribunes, before the expiration of their office, 
appointed their successors, after a previous consult- 
ation with the pieDeians. The necessity of the 
sanction by the curies cannot be doubted, but it ap- 
pears to have ceased even some time before the 
Publilian law. 1 * After this time it is never heard o* 
again, and the election of the tribunes was left en- 
tirely to the comitia tributa, which were convoked 
and held for this purpose by the old tribunes previ- 
ous to the expiration of their office. 15 One of the 
old tribunes was appointed by lot to preside at the 
election. 16 As the meeting could not be prolonged 
after sunset, and the business was to be completed 
in one day, it sometimes happened that it was 
obliged to break up before the election was comple- 
ted, and then those who were elected filled up the. 
legitimate number of the college by co-optatio. 1 ' 
But, in order to prevent this irregularity, the trib- 
une L. Trebonius, in 448 B.C., got an ordinance 
passed, according to which the college of the trib- 
unes should never be completed by co-optatio, but 
the elections should be continued on the second day, 
if they were not completed on the first, till the num- 
ber ten was made up. 18 The place where the elec- 

1. (Liv., iii., 30.— Dionys., x., 30.)— 2. (vi., 89.)— 3. (ad AM., j , 
1.) — 4. (Dion Cass., liii., 17, 32.)— 5. (Suet., Octav., 27.— Tacit., 
Anna]., i., 2.— Compare also Tib., 9, 23 ; V<:sp., 12 ; Tit., 6.)— 6. 
(iii., 65.)— 7. (Fragm. Cornel., I. c.)— 8. (1. c.)— 9. (ii., 56.)— 10 
(Liv., ii., 56.— Dionvs., x., 41.)— 11. (i., p. 618.)— 12. (vi., 90 U, 
13. (p. 289.J — 14. (Niebuhr, ii., p. 190.)— 15. (Liv., ii., 56. <tc— 
Dionvs.. i.\.. 43. 49.) — 16. (Liv., iii., 64. — Appian, De BeJI. Civ., 
i.. U ) — 17. (Liv., 1 o.)— 18. (Liv., ni., 64, 65 v., 10.— Compare 
Niebulu, .i., y. 3&3.) 

d!)9 



TRIBUNUS. 



TRIBUNUS. 



:ion of the tribunes was held was originally and 
lawfully the Forum, afterward, also, the Campus 
Martius, and sometimes the area of the Capitol. 

We now proceed to trace the gradual growth of 
the tribunitian power. Although its original char- 
acter was merely auxilium or /3o7jdeia against pa- 
trician magistrates, the plebeians appear early to 
have regarded their tribunes also as mediators or 
arbitrators in matters among themselves. This 
statement of Lydus 1 has been pointed out by Wal- 
ter. 2 The whole power possessed bv the college of 
tribunes was designated by the name tribunicia po- 
testas, and extended at no time farther than one 
mile beyond the gates of the city; at a greater dis- 
tance than this they came under the imperium of 
the magistrates, like every other citizen. 3 As they 
were the public guardians, it was necessary that 
every one should have access to them, and at any 
time ; hence the doors of their houses were open 
day and night for all who were in need of help and 
protection, which they were empowered to afford 
against any one, even against the highest magis- 
trates. For the same reason, a tribune was not al- 
lowed to be absent from the city for a whole day 
except during the Feriae Latinae, when the whole 
people were assembled on the Alban Mount. 4 

In the year 456 B.C., the tribunes, in opposition 
to the consuls, assumed the right to convoke the 
senate, in order to lay before it a rogation and dis- 
cuss the same ; 5 for until that time the consuls 
alone had the right of laying plebiscita before the 
senate for approbation. Some years after, 452 
B.C., the tribunes demanded of the consuls to re- 
quest the senate to make a senatus consultum for 
the appointment of persons to frame a new legis- 
lation, and during the discussions on this subject 
the tribunes themselves were present in the sen- 
ate. 6 The written legislation which the tribunes 
then wished can only have related to their own or- 
der ; but as such a legislation would only have wi- 
dened the breach between the two orders, they af- 
terward gave way to the remonstrances of the pa- 
tricians, and the new legislation was to embrace 
both orders. 7 From the second decern virate the 
tribuneship was suspended, but was restored after 
the legislation was completed, and now assumed a 
different character from the change that had taken 
place in the tribes. (Vid. Tribus, Roman.) The 
tribunes now had the right to be present at the de- 
liberations of the senate : 8 but they did not sit 
among the senators themselves, but upon benches 
before the opened doors of the senate-house. 9 The 
inviolability of the tribunes, which had before only 
rested upon a contract between the two estates, 
was now sanctioned and confirmed by a law of M. 
Horatius. 10 As the tribes now also included the pa- 
tricians and their clients, the tribunes might natu- 
rally be asked to interpose on behalf of any citizen, 
whether patrician or plebeian. Hence the patri- 
cian ex-decemvir, Appius Claudius, implored the 
protection of the tribunes. 11 About this time the 
tribunes also acquired the right of taking the auspi- 
ces in the assemblies of the tribes. 13 They also as- 
sumed again the right, which they had exercised 
before the time of the decemvirate, of bringing patri- 
cians who had violated the rights of the plebeians 
before the comitia of the tribes, as is clear from 
several instances. 1 3 Respecting the authority which 
a plebiscitum proposed to the tribes by a tribune 



1. (De Magist., i., 38, 44. — Dionys., vii., 58.)— 2. (Gesch. der 
Rom. Rechts, p. 85.)— 3. (Liv., iii., 20.— Dionys., viii., 87.)— 4. 
(Maorob., Sat.,i., 3.)— 5. (Dionys., x., 31, 32.)— 6. (Dionys., x., 
50, 52.)— 7. (Liv., iii., 31.— Zonar., vii., 18.)— 8. (Liv., iii., 69.— 
Id., iv., 1.) —9. (Val. Max., ii., 2, $ 7.)— 10. (Liv., iii., 55.)— 11. 
(Liv., iii., 56. — Compare also viii., 33, 34. — Niebuhr, ii., p. 374.) 
—12. (Zonar., vii., 19 )— 13. (Liv., iii., 56. &c, iv., 44 , v., 11, 
&c.) 

100C 



received through the lex Valeria, see F'lebiscitum 
While the college thus gained outwardly new 
strength every day, a change took place in its in- 
ternal organization, which to some extent paraly- 
zed its powers. Before the year 394 B.C., every- 
thing had been decided in the college by a majori- 
ty ; x but about this time, we do not know how, a 
change was introduced, which made the opposition 
(intercessio) of one tribune sufficient to render a 
resolution of his colleagues void. 2 This new regu- 
lation does not appear in operation till 394 and 393 
B.C. ; 3 the old one was still applied in B.C. 421 
and 41 5. * From their right of appearing in the 
senate, and of taking part in its discussions, and 
from their being the representatives of the whole 
people, they gradually obtained the right of inter- 
cession against any action which a magistrate 
might undertake during the time of his office, and 
this even without giving any reason for it. 5 Thus 
we find a tribune preventing a consul convoking 
the senate, 6 preventing the proposal of new laws 
or elections in the comitia ; 7 and they interceded 
against the official functions of the censors, 8 and 
even against a command issued by the praetor. 9 
In the same manner, a tribune might place his veto 
upon an ordinance of the senate, 10 and thus either 
compel the senate to submit the subject in question 
to a fresh consideration, or to raise the session. 11 
In order to propose a measure to the senate, they 
might themselves convoke a meeting, 12 or, when it 
had been convoked by a consul, they might make 
their proposal even in opposition to the consul, a 
right which no other magistrates had in the pres- 
ence of the consuls. The senate, on the other 
hand, had itself, in certain cases, recourse to the 
tribunes. Thus, in 431 B.C., it requested the trib- 
unes to compel the consuls to appoint a dictator, 
in compliance with the decree of the senate, and 
the tribunes compelled the consuls, by threatening 
them with imprisonment, to appoint A. Postumius 
Tubertus dictator. 13 From this time forward we 
meet with several instances in which the tribunes 
compelled the consuls to comply with the decrees 
of the senate, si non essent in auctoritate senatus, 
and to execute its commands. 14 In their relation 
to the senate, a change was introduced by the Ple- 
biscitum Atinium, which ordained that a tribune, by 
virtue of his office, should be a senator. 15 When 
this plebiscitum was made is uncertain, but we 
know that in 170 B.C. it was not yet in operation. 1- 
It probably originated with C. Atinius, who was 
tribune in B.C. 132. 17 But as the quaestorship, at 
least in later times, was the office which persons 
held previously to the tribuneship, and as the quaes- 
torship itself conferred upon a person the right of 
a senator, the law of Atinius was in most cases su 
perfluous. 

In their relation to other magistrates we may 
observe, that the right of intercessio was not con- 
fined to stopping a magistrate in his proceedings, 
but they might even command their viatores {vid. 
Viator) to seize a consul or a censor, to imprison 
him, or to throw- him from the Tarpeian Rock. 19 
It is mentioned by Labeo and Varro 19 that the trib- 
unes, when they brought an accusation against 
any one before the people, had the right of prehen- 

1. (Liv., ii., 43, 44. — Dionys., ix., 1, 2, 41.— Id., *. , 31.) —9 
(Zonar., vii., 15.)— 3. (Liv., v., 25, 29.)— 4. (Liv., iv., 42, 48.- 
Compare Niebuhr, ii., p. 438.) — 5. (Appian, Do Bell. Civ., i., 23 

— 6. (Polyb., vi. , 16.) — 7. (Liv., vi., 35.— Id., vii., 17.— Id., r 
9. — Id., xxvii.,6.)— 8. (Dion Cass., xxxviii., 9.- -Liv., xliii., 16.}- 
9. (Liv!, xxxviii., 60.— Gell., vii., 19.)— 10. (Polyb., vi., 16.— Dion 
Cass., xli., 2.)— 11. (des., De Bell. Civ., i., 2— Appian .De Bell. 
Civ., i., 29.)— 12. (Gellius, xiv.,7.)— 13. (Liv.,iv.,26.)— #. (Liv., 
v., 9. — Id., xxviii., 45.) — 15. (Gellius, xiv., 8. — Zonar., vii., 15.)— 
16. (Liv., xlv., 15.)— 17. (Liv., Epit., 59.— Plin., H. N., vii., 45.) 

— 18. (Liv., ii., 56— Id., iv., 26.— Id., v., 9.— Id., ix., 34.— Epit.. 
48, 55, 59. — Cic, De Leg-., iii., 9. — Id., in Vatin., 9. — Dion Caaa 
xxx i., 50.)— 19. (ap. Gell , xiii., 12.) 



TRIBUNUS. 



TRIBUS. 



no, but not the right of vocatio ; that is, they might 
command a person to be dragged by their viatores 
before the comitia, bat not to summon him. An 
attempt to account for this singularity is made by 
Gellius. 1 They might, as in earlier times, propose 
a fine to be inflicted upon the person accused before 
the comitia, but in some cases they dropped this 
proposal, and treated the case as a capital one. 2 
The college of tribunes had also the power of ma- 
king edicts, as that mentioned by Cicero. 3 In ca- 
ses in which one member of the college opposed a 
resolution of his colleagues, nothing could be done, 
and the measure was dropped ; but this useful 
check was removed by the example of C. Tiberius 
Gracchus, in which a precedent was given for pro- 
posing to the people that a tribune obstinately per- 
sisting on his veto should be deprived of his office. 4 

From the time of the Hortensian law, the power 
of the tribunes had been gradually rising to such a 
height that there was no other in the state to equal 
it, whence Velleius 5 even speaks of the imperium 
of tribunes. They had acquired the right of pro- 
posing to the comitia tributa, or the senate, meas- 
ures on nearly all the important affairs of the state, 
and it would be endless to enumerate the cases in 
which their power was manifested. Their propo- 
sals were indeed usually made ex auctoritate sena- 
tus, or had been communicated to and approved by 
it ; 6 but cases in which the people themselves had a 
divect interest, such as a general legal regulation, 7 
the granting of the franchise, 8 the alteration of the 
attributes of a magistrate, 9 and others, might be 
brought before the people, without their having 
previously been communicated to the senate, though 
there are also instances of the contrary. 10 Subjects 
belonging to the administration could not be brought 
before the tribes without the tribunes having pre- 
viously received through the consuls the auctoritas 
of the senate. This, however, was done very fre- 
quently, and hence we have mention of a number 
of plebiscita on matters of administration. (See 
a list of them in Walter, p. 132, n. 11.) It some- 
tunes even occurs that the tribunes brought the 
question concerning the conclusion of a peace be- 
fore the tribes, and then compelled the senate to 
ratify the resolution as expressing the wish of the 
whole people. 11 Sulla, in his reform of the consti- 
tution on the early aristocratic principles, left to 
the tribunes only the jus auxiliandi, but deprived 
them of the right of making legislative or other 
proposals, either to the senate or the comitia, with- 
out having previously obtained the sanction of the 
senate. {Vid. Tribus, Roman.) But this arrange- 
ment did not last, for Pompey restored to them 
their former rights. 18 

During the latter period of the Republic, when 
the office of quaestor was in most cases held imme- 
diately before that of tribune, the tribunes were 
generally elected from among the senators, and 
this continued to be the same under the Empire. 13 
Sometimes, however, equites also obtained the of- 
fice, and thereby became members of the senate, 14 
where they were considered of equal rank with 
.he quaestors. 15 Tribunes of the people contin- 
ued to exist down to the fifth century of our aera, 
though their powers became naturally much limit- 
ed, especially in the reign of Nero. 16 They contin- 
ued, however, to have the right of intercession 

1. (1. c.) — 2. (Liv., viii., 33.— Id., xxv., 4.— Id., xxvi.. 3.) — 3. 
(in Verr., ii. 41.— Compare Gell., iv., 14.— Liv., xxxviii., 52.) — 4. 
(Appian, De Bell. Civ., i., 12— Plut., Tib. Gracch., 11, 12, 15.— 
Cic, De Leg., Hi., 10.— Dion Cass., xxxvi., 13.) — 5. (ii., 2.)— 6. 
(Liv., xlii., 21.) — 7. (Liv., xxi., 63. — Id., xxxiv., 1.) — 8. (Liv., 
xxxviii., 36.)— 9. (Liv., xxii., 25, &c.)— 10. (Liv., xxxv., 7.— Id., 
xxvii., 5.)— 11. (Liv., xxx., 43.— Id., xxxiii., 25.)— 12. (Zacharise, 
L Corn. Sul., als Ord. des Rom. Freist., ii., p. 12, &c, and p. 99, 
&<:.)— 13. (Appian, De Bell. Civ., i., 100.)— 14. (Suet.. Octav., 10, 
40.)- 15. (Veil. Paterc, ii., 111.)— 16. (Tacit.. Aun., in., 28.) 
6 I 



against decrees of the senate and on behalf of in- 
jured individuals. 1 

TRIBUNI MIL1TUM CUM CONSULAR! POTESTATE.— 

When, in 445 B.C., the tribune C. Canuleius brought 
forward the rogation that the consulship should not 
be confined to either order, 3 the patricians evaded 
the attempt by a change in the constitution ; the 
powers which had hitherto been united in the con- 
sulship were now divided between two new magis- 
trates, viz., the tribuni militum cum consulari po~ 
testate and the censors. Consequently, in 444 B.C., 
three military tribunes, with consular power, were 
appointed, and to this office the plebeians were to be 
equally eligible with the patricians. 3 In the follow- 
ing period, however, the people were to be at liber- 
ty, on the proposal of the senate, to decide whether 
consuls were to be elected according to the old cus 
torn, or consular tribunes. Henceforth for many 
years, sometimes consuls and sometimes consu- 
lar tribunes were appointed, and the number of 
the latter varied from three to four, until, in 405 
B.C., it was increased to six, and as the censors 
were regarded as their colleagues, we have some- 
times mention of eight tribunes. 4 At last, howev 
er, in 367 B.C., the office of these tribunes was 
abolished by the Licinian law, and the consulship 
was restored. These consular tribunes were elect- 
ed in the comitia of the centuries, and undoubtedly 
with less solemn auspices than the consuls. Con- 
cerning the irregularity of their number, see Nie- 
buhr, ii., p. 325, &c. ; p. 389, &c. — Compare Got- 
tling, p. 326, &c. 

Tribuni Militares were officers in the Roman 
armies. Their number in a legion was originally 
four, or, according to Varro, three, and they were 
appointed by the generals themselves. In the year 
363 B.C., it was decreed that henceforth six o: 
these military tribunes should always be appointed 
in the comitia, probably the comitia of the centu- 
ries. 6 Those who were appointed by the consuls 
were distinguished from those elected by the peo- 
ple (comitiati) by the name of Ruffuli. 6 The num- 
ber of tribunes in each legion was subsequently in- 
creased to six, and their appointment was some- 
times left altogether to the consuls and praetors, 7 
though subsequently we find again that part of 
them were appointed by the people. 8 Their duties 
consisted in keeping order among the soldiers in 
the camp, in superintending their military exerci- 
ses, inspecting outposts and sentinels, procuring 
provisions, settling disputes among soldiers, super- 
intending their health, &c. Compare Army, Roman. 

Tribunus Voluptatum was an officer who does 
not occur till after the time of Diocletian, and who 
had the superintendence of all public amusements, 
especially of theatrical performances. 9 

TRIBUS (GREEK) ^vlov, Svlii). In the ear 
liest times of Greek history, mention is made of 
people being divided into tribes and clans. Homer 
speaks of such divisions in terms which seem to 
imply that they were elements that entered into the 
composition of every community. Nestor advises 
Agamemnon to arrange his army Kara <pvla, /caru 
fpr/Tpae, so that each may be encouraged by the 
presence of its neighbours. 10 A person not included 
in any clan (atypfj-up) was regarded as a vagrant or 
outlaw. 11 These divisions were rather natural than 
political, depending on family connexion, and arising 
out of those times when each head of a family ex- 



1. (Tacit., Ann., xvi., 26— Id., Hist., ii., 91.— Id. ib., iv., 9. — 
Plin., Epist., i., 23.— Id. ib., ix., 13.)— 2. (Liv., iv., 1.— Dionys., 
xi., 52.)— 3. (Liv., iv., 7.— Diorys., xi., 60, &o.)— 4. (Liv., iv., 
61.— Id., v., 1.— Diodor., xv., 50.— Liv., vi., 27.— Diod. Sic, xv.. 
51. — Liv., vi., 30.) — 5. (Liv., vii., 5. — Compare Polyb., vi., 19.) 
— 6. (Liv., 1. c— Fest., s. v. Ruffuli.)-- 7. (Liv., xlii., 31.) — 6 
(Liv., xliii., 14.— Id., xliv., 21.)— 9. (Cass odor., Vaiiar., vii , 10 ) 
10. (II., ii.. 302.)— 11. (II., ix., 63.) 

1001 



TRIBUS. 



TRIBUS. 



ercised a patriarchal sway over its members. The 
bond was cemented by religious communion, sacri- 
fices, and festivals, which all the family or clansmen 
attended, and at which the chief usually presided. 
The aggregate of such communities formed a politi- 
cal society. 1 In the ages succeeding, the heroic 
tribes and clans continued to exist, though, in the 
progress of civilization, they became more extended, 
and assumed a territorial or political rather than a 
fraternal character. The tribes were not, in gen- 
eral, distinctions between nobles and commons, un- 
less the people were of different races, or unless 
there had been an accession of foreigners, who 
were not blended with the original inhabitants. It 
is true that, in the common course of things, nobles 
or privileged classes sprang up in various countries, 
by reason either of wealth, or of personal merit, or 
descent from the ancient kings ; and that, in some 
cases, all the land was possessed by them, as by 
the Gamori of Syracuse ; 3 sometimes their property 
was inalienable, as under our feudal law ; 3 and the 
Bacchiadae are an instance of a noble family who 
intermarried only among themselves.* Still, how- 
ever, as a general rule, there was no decided sep- 
aration of tribe, much less of caste, between nobles 
and commons of the same race. Nor was there 
any such distinction of a sacerdotal order. The 
priestly function was in early times united to that 
of the king ; 5 afterward the priesthood of particular 
deities became hereditary in certain families, owing 
either to a supposed transmission of prophetic pow- 
er, as in the case of the Eumolpidae, Branchidae, 
Iamidae, or to accidental circumstances, as in the 
case of Telines of Gela ; s but the priests were not 
separated, as an order, from the rest of the people. 7 
The most important distinctions of a class-like na- 
ture between people living under the same govern- 
ment, arose in those countries that were conquered 
by the migratory hordes of Thessalians, Boeotians, 
and Dorians, in the century subsequent to the he- 
roic age. The revolutions which they effected, 
though varying in different places according to cir- 
cumstances, had in many respects a uniform char- 
acter. The conquering body took possession of the 
country, and became its lords ; the original inhabi- 
tants, reduced to subjection, and sometimes to 
complete vassalage or servitude, remained a distinct 
people or tribe from the conquerors. The former 
built cities, usually at the foot of some citadel that 
had belonged to the ancient princes, where they 
resided, retaining their military discipline and mar- 
tial habits ; while a rural population, consisting 
principally of the former natives, but partly, also, of 
the less warlike of the invaders, and partly of fresh 
emigrants invited or permitted by them to settle, 
dwelt in the surrounding villages, and received the 
name of HepioiKot. The condition of the Lacedae- 
monian TrspiotKOL is spoken of under Pericecoi. A 
similar class arose in most of the countries so colo- 
nized, as in Argos, Corinth, Elis, Crete, &c. 8 But 
their condition varied according to the manner in 
which the invaders effected their settlement, and 
uther circumstances and events prior or subsequent 
to that time. In many places the new-comer was 
received under a treaty, or upon more equitable 
terms, so that a union of citizenship would take 
place between them and the original inhabitants. 
This was the case in Elis, Messenia, Phlius, Trce- 
zen. 9 So the Cretans, who invaded Miletus, min- 

1. (Aristot., Pol., i., 1, $ 7.)— 2. (Herod., vii., 155.)— 3. (Aris- 
lot., Pol., ii.. 4, I) 4.) —4. (Herod., v., 92.) —5. (Aristot., Pol., 
iii., 9, $ 7.)— 6. (Herod., vii., 153.)— 7. ( Wachsmuth, Hell. Alt., 
i., 1, 76, 149.— Schomann, Ant. Jur. Pub. Gr., p. 79.)— 8. (He- 
rod., vii*., 73.— Thucyd., ii., 25.— Xen., Hell., iii., 2, Q 23, 30.— 
Pausan., iii., 8, t> 3. — Id., viii., 27, t) 1.— Aristot., Pol., ii., 6,1) 1. — 
Id. ib., v., 2, t> 8.)— 9. (Pausan., iii., 13, H ; 30, $ 10 ; v., 4, $ 
I — Tnirlwall's Hist, of Greece, vol. i., p. 342.) 
1002 



gled with the ancient Carians, and the Ionian* 
with the Cretans and Carians of Colophon. 1 In 
Megara, the ruling class, after a lapse of some time, 
amalgamated with the lower. 9 In other places the 
neptciKoi were more degraded. Thus in Sicyon they 
were compelled to wear sheepskins, and cilled k<i- 
TiovaKOipopoi ; 3 in Epidaurus they were styled kovU 
noder, dusty-footed, a name which denoted then 
agricultural occupation, but was meant as a mark 
of contempt.* But in general they formed a sort of 
middle order between the ruling people and the serf 
or slave. Thus in Argos there was a class of per- 
sons called Gymnesii or Gymnetes, corresponding to 
the Helots. (Vid. Gymnesioi ) So in Thessaly, in 
the districts not immediately occupied by the Thes- 
salian invaders, there dwelt a population of ancient 
^Eolians, who were not serfs, like the Penestae 
(vid. Penestai), but only tributary subjects, who 
retained their personal liberty, though not admitted 
to the rank of citizens. 6 So also in Crete there 
were the Dorian freemen, the 7repioiKoi, or old in- 
habitants, similar to the Lacedaemonians, and the 
slaves (vid. Cosmi, p. 316). We may observe that 
the term ttep'lolkoi is sometimes used in rather a 
different sense ; as when Xenophon gives that 
name to the Thespians, who were not the subjects 
of the Thebans, as the Achaeans were of the Spar- 
tans. 6 In some of the maritime states the condi- 
tion of the subject classes was somewhat different , 
they were suffered to reside more in the town, as 
in Corinth, where they were artisans ; at Tarentum, 
where they were fishermen. 7 

The ruling people, thus remaining distinct from 
the rest, were themselves divided into tribes and 
other sections. Of the Dorian race there were 
originally three tribes, traces of which are found in 
all the countries which they colonized. Hence 
they are called by Homer Aoptiec rpj^cu/cef. 8 Thesn 
tribes were the 'Y?>helg, Jld/i^vXoi, and Av/xavdra. 
or Avfidveg. The first derived their name from Hyl 
lus, son of Hercules, the last two from Pamphylus 
and Dymas, who are said to have fallen in the last 
expedition when the Dorians took possession of the 
Peloponnesus. The Hyllean tribe was perhaps the 
one of highest dignity ; but at Sparta there does not 
appear to have been much distinction, for all th;; 
freemen there were, by the constitution of Lycur- 
gus, on a footing of equality. To these three tribes 
others were added in different places, either when 
the Dorians were joined by other foreign allies, or 
when some of the old inhabitants were admitted to 
the rank of citizenship or equal privileges. Thus 
the Cadmean iEgeids are said by Herodotus to have 
been a great tribe at Sparta, descended (as he says) 
from JEgeus, grandson of Theras, 9 though others 
have thought they were incorporated with the three 
Doric tribes. 10 At Argos, iEgina, and Epidaurus, 
there was an Hyrnethian tribe besides the three 
Doric. 11 In Sicyon, Clisthenes, having changed the 
names of the Doric tribes to degrade and insult 
their members, and given to a fourth tribe, to which 
he himself belonged, the name of Archelai, sixty 
years after his death the Doric names were re- 
stored, and a fourth tribe added, called kiyiakieq, 
from JSgialeus, son of the Argive hero Adrastus. 18 
Eight tribes are mentioned in Corinth, 13 four in Te- 
gea. 1 * In Elis there were twelve tribes, that were 
afterward reduced to eight by a war with the Arca- 
dians, 16 from which they appear to have been geo- 

1. (Pausan., vii , 2, y 5 ; 3, $ 1.)— 2. (Thirlwall, i., 430.)— 3 
(Athenseus, vi., 271.)— 4. (Muller, Dorians, iii., 4, $ 2.)— 5. 
(Thirlwall, i., 438.— Schomann, Id., 401.)— 6. (Hell., v., 4, $ 46.) 
— 7. (Wachsmuth, I., i., 162.— Schomann, Id., 80, 107.) — 8 
(Od., xix., 177.)— 9. (Herod., iv., 149.)— 10. (Thirlwa'l, i., 257, 
268, 314.)— 11. (Muller, 2Eg\n., 110.)— 12. (Herod., v., 68.)— 13 
(Suidas, s. \. Unvra t< -o>.) — 14 Pau<?an., viii., 53, t) 6 ) — 15 
(Paus., v., 9, t) 6.) 






TRIBUS 



TRIBUS. 



graphical divisions.'- Sometimes we find mention 
of only one of the Doric tribes, as of the Hylleans 
in Cydonia, 2 the Dymanes in Halicarnassus, which 
probably arose from colonies having been founded 
by the members of one tribe only. 3 

Of all the Dorian people, the Spartans kept them- 
selves the longest unmixed with foreign blood. So 
jealous were they to maintain their exclusive privi- 
Jeges, that they had only admitted two men into 
their body before the time of Herodotus.* After- 
ward their numbers were occasionally recruited by 
the admission of Laconians, Helots, and foreigners ; 
but this was done very sparingly, until the time of 
Agis and Cleomenes, who created large numbers of 
citizens. But we cannot farther pursue this sub- 
ject. 5 

The subdivision of tribes into <pparptac or ndrpai, 
yevn, rptTTvec, &c, appears to have prevailed in 
various places. 6 At Sparta each tribe contained 
ten u6ai, a word, like nufiai, denoting a local divis- 
ion or district ; each obs contained ten TptaKudec, 
communities containing thirty families. But very 
little appears to be known of these divisions, how 
far they were local, or how far genealogical. After 
the time of Cleomenes the old system of tribes was 
changed ; new ones were created corresponding to 
the different quarters of the town, and seem to have 
been five in number. 7 

The four Ionian tribes, Teleontes or Geleontes, 
Hopletes, Argadenses, JEgicorenses, who are spo- 
ken of below in reference to Attica, were found also 
in Cyzicum. In Samos a 6v7Jrj Aiaxptoviij is men- 
tioned by Herodotus, 9 which was probably a Carian 
race that mingled with the Ionians. In Ephesus 
five tribes are mentioned, of different races. With 
respect to these, the reader is referred to Wach- 
smuth, II., i., 16. 

The first Attic tribes that we read of are said to 
have existed in the reign, or soon after the reign, of 
Cecrops, and were called Cecropis (KeicpoTric), Au- 
tochthon (Airox&uv), Aetata ('A/crata), and Paralia 
(Uaoa?/ia) In the reign of a subsequent king, Cra- 
naus, these names were changed to Cranais (Kpa- 
vatg), Aithis ('Ardlc), Mcsogcea (Meooyaia), and 
Diacris (AiaKptg). Afterward we find a new set 
of names : Dias (Atdc), Aihenais ('Adnvatc), Posido- 
nias (Yloaeidovidc), and Hephceslias ('HQaiGTidc), 
evidently derived from the deities who were wor- 
shipped in the country. 9 Some of those secondly 
mentioned, if not all of them, seem to have been 
geographical divisions ; and it is not improbable 
that, if not independent communities, they were at 
least connected by a very weak bond of union. 
But all these tribes were superseded by four others, 
which were probably founded soon after the Ionic 
settlement in Attica, and seem (as before observed) 
to have been adopted by other Ionic colonies out of 
Greece. The names Geleontes (TeAeovTec), Hop- 
letes CO~?.7]Tec), Argades ('ApydSeic), Mgicores (At- 
yiKopeic), are said by Herodotus 10 to have been 
derived from the sons of Ion, son of Xuthus. 11 Upon 
this, however, many doubts have been thrown by 
modern writers, who have suggested various theo- 
ries of their own, more or less ingenious, to which 
reference will be found in the books cited below. It 
is impossible, within our limits, to discuss the ques- 
tion at any length. The etymology of the last 
three names would seem to suggest that the tribes 
were so called from the occupations which their 
respective members followed ; the Hopletes being 



1. (Wachsmuth, II., i., 17.)— 2. (Hesych., s. v. 'YAAe??.) — 3. 
(Wachsmuth, II., i., 15.) — 4. (Herod., ix., 33, 35.) —5. (Schd- 
mann, Id., 114.)— 6. (Wachsmuth, II., i., 18.)— 7. (Schomann, 
Ant. Jur. Pub., p. 115.— Miiller, Dor., iii., 5.)— 8. (iii., 26.)— 9. 
(Compare Pollux, Onom., viii., 109.)— 10. (v., 66.)— 11. (Com- 
pare Eurip., Ion, ^596, &c— Pollux, 1. c.) 



the armed men or warriors; the Argades, labour 
ers or husbandmen ; the ^Egicores, goatherds m 
shepherds. It is difficult, however, to discover in 
the first name any such meaning, unless TO.eovrec, 
and not TeAeovrec, be the true reading, in which 
case it has been supposed that this tribe might be a 
sacerdotal order, from teauv, used in its religious 
sense ; or a peasantry who paid rent to the lords 
of the soil, from teaeIv, in the sense to pay. Against 
the former of these interpretations it may be ob- 
jected, that no trace of a priestly order is to be 
found in later times of Attic history ; and against 
the latter, that the Argades and the Teleontes 
would denote a similar class of people, unless we 
resort to another interpretation of the word Arga- 
des, viz., artisans, who would hardly constitute a 
distinct tribe in so early a period of society. It 
may be observed, however, that Argades and iEgi- 
cores may be taken to signify a local distribution 
of inhabitants, the former being the tillers of the 
ground, dwelling in the plains, the latter mountain 
eers ; and this agrees very well not only with the 
known character of the country of Attica, but also* 
with the division above mentioned as having exist- 
ed in the reign of Cranaus, viz., Mesogaea and Dia- 
cris. There is no more difficulty in the one case 
than in the other in supposing that some of the 
tribes were denominated from their localities or oc- 
cupations, while others owed their names to other 
circumstances. Argades and ^Egicores might be 
the old inhabitants, according to their previous di- 
vision, while the other tribes might be the Ionic 
settlers, Hopletes, the most warlike portion of them, 
Geleontes, the great body, so called from a son of 
Ion ; or the last might, as Schomann thinks, be 
the ancient nobility, as distinguished from the Ionic 
settlers. Whatever be the truth with respect to the 
origin of these tribes, one thing is more certain, that 
before the time of Theseus, whom historians agree 
in representing as the great founder of the Attic 
commonwealth, the various people who inhabited 
the country continued to be disunited and split into 
factions. 

Theseus in some measure changed the relations 
of the tribes to each other, by introducing a grada- 
tion of ranks in each ; dividing the people into Ev- 
Trarpidai, Teomopot, and Aq/j-iovpyoc, of whom the 
first were nobles, the second agriculturists or yeo- 
men, the third labourers and mechanics. At the 
same time, in order to consolidate the national 
unity, he enlarged the city of Athens, with which 
he incorporated several smaller towns, made it the 
seat of government, encouraged the nobles to reside 
there, and surrendered a part of the royal preroga- 
tive in their favour. The tribes of Philae were di- 
vided, either in the age of Theseus or soon after, 
each into three Qparpiat (a term equivalent to fra- 
ternities, and analogous in its political relation to the 
Roman curia), and each dparpla into thirty yivn 
(equivalent to the Roman genles), the members of 
a yevoe being called yevvfj-ai or dfioyaAanTeg. Each 
yevoc was distinguished by a particular name of a 
patronymic form, which was derived from some 
hero or mythic ancestor. We learn from Pollux 1 
that these divisions, though the names seem to 
import family connexion, were in fact artificial, 
which shows that some advance had now been 
made towards the establishment of a closer political 
union. The members of the (pparptai and yivn had 
their respective religious rites and festivals, which 
were preserved long after these communities had 
lost their political importance, and perhaps prevent- 
ed them from being altogether dissolved. 2 
The relation between the four Ionic tribes and 

1. (Onom., viii., 111.) — 2. (Compare Niebuhr, Hist, of Koro*, 
i., p. 311, <fcc.) 

'003 



TRIBUS 



TRIBUS. 



ine three classes into which Tneseus divided the 
nation, is a difficult and perplexing question. It 
would appear, from the statements of ancient writers 
on the subject, that each of the four tribes was divi- 
ded into Eupatridae, Geomori, and Demiurgi ; which 
is confirmed by the fact that the four <pvXo6aai2,elc, 
who were the assessors of the sovereign, were all 
taken from the Eupatridae, but, at the same time, 
one from each tribe. (Vid. Phylobasileis.) This, 
as Thirlwall 1 has remarked, can only be conceived 
possible on the supposition that the distinctions 
which originally separated the tribes had become 
merely nominal ; but Maiden, 2 who rejects the no- 
tion that the four Ionic tribes were castes deriving 
their name from their employment, supposes that 
the tribes or phylae consisted of the Eupatridae 
alone, and that the latter were divided into four 
phylae, like the patricians at Rome into three. The 
Geomori and Demiurgi had therefore, according to 
his supposition, nothing to do with the tribes. This 
view of the subject would remove many difficulties, 
and is most in accordance with the subsequent his- 
tory and political analogies in other states, but 
seems hardly supported by sufficient evidence to 
warrant us in receiving it. 

After the age of Theseus, the monarchy having 
been first limited and afterward abolished, the whole 
power of the state fell into the hands of the Eupa- 
tridce or nobles, who held all civil offices, and had, 
besides, the management of religious affairs, and the 
interpretation of the laws. Attica became agitated 
by feuds, and we find the people, shortly before the 
legislation of Solon, divided into three parties, 
Hediacot, or lowlanders, AiaKpiot., or highlanders, and 
UupaTioi, or people of the seacoast. The first two 
remind us of the ancient division of tribes, Mesogaea 
nd Diacris ; and the three parties appear in some 
neasure to represent the classes established by 
These us : the first being the nobles, whose property 
lay in the champaign and most fertile part of the 
country ; the second, the smaller landowners and 
shepherds ; the third, the trading and mining class, 
who had by this time risen in wealth and impor- 
tance. To appease their discords, Solon was ap- 
plied to, and thereupon framed his celebrated con- 
stitution and code of laws. Here we have only to 
notice that he retained the four tribes as he found 
them, but abolished the existing distinctions of rank, 
or, at all events, greatly diminished their impor- 
tance, by introducing his property qualification, or 
division of the people into TlevraKoaiopedi/jLvoi, 'Itt- 
rretc, Zevylrac, and QfjTeg. The enactments of Solon 
continued to be the law at Athens, though in a great 
measure suspended by the tyranny, until the demo- 
cratic reform effected by Clisthenes. He abolished 
the old tribes, and created ten new ones, according 
to a geographical division of Attica, and named after 
ten of the ancient heroes : Erechtheis, Mgiis, Pandi- 
onis, Lcontis, Acamantis, (Eneis, Cecropis, Hippo- 
thoontis, Mantis, Antiochis. These tribes were di- 
vided each into ten djjpoi, the number of which was 
afterward increased by subdivision ; but the ar- 
rangement was so made, that several d^pot not con- 
tiguous or near to one another were joined to make 
up a tribe. (Vid. Demus.) The object of this ar- 
rangement was, that by the breaking of old associ- 
ations, a perfect and lasting revolution might be ef- 
fected in the habits and feelings, as well as the politi- 
cal organization of the people. He allowed the an- 
cient (f>parpiai to exist, but they were deprived of 
all political importance. All foreigners admitted to 
the citizenship were registered in a phyle and demus, 
but not in a phratria or genos ; whence Aristophanes 3 
says, as a taunting mode of designating new citi- 



1. (Hist, of Greece, ii., 10.)— 2. (Hist, of Rome, p. 140.) 
•JEtaniE, 419 ; Aves, ?*5.) 
1004 



3. 



zens, that they have no phrators, c<r only barbarous 
ones (quoted by Niebuhr 1 ). The functions which 
had been discharged by the old tribes were now 
mostly transferred to the Sfj/noc. Among others, we 
may notice that of the forty-eight vavupapiat into 
which the old tribes had been divided for the pur- 
pose of taxation, but which now became useless, 
the taxes being collected on a different system. 
The reforms of Clisthenes were destined to be per- 
manent. They continued to be in force (with some 
few interruptions) until the downfall of Athenian 
independence. The ten tribes were blended with 
the whole machinery of the constitution. Of the 
senate of Five Hundred, fifty were chosen from each 
tribe. The allotment of dmaarai was according to 
tribes ; and the same system of election may be 
observed in most of the principal offices of state, 
judicial and magisterial, civil and military, as that 
of the diaiTnrai, loyiorai, irulnrai, Ta/iiai, teixo-kol- 
oi, (jivXapxoL, arparrj-yoi, &c. In B.C. 307, Deme- 
trius Poliorcetes increased the number of tribes to 
twelve by creating two new ones, namely, Antigoni 
as and Demelrias, which afterward received tho 
names of Ptolemais and Attalis ; and a thirteenth 
was subsequently added by Hadrian, bearing his 
own name. 2 

The preceding account is only intended as a brief 
sketch of the subject, since it is treated of under 
several other articles, which should be read in con- 
nexion with this. (Vid. Civitas, Greek; Demus, 
Phvlarchoi, Phylobasileis, &c) 3 

TRIBUS (ROMAN). The three ancient Romu- 
lian tribes, the Ramnes, Tities, and Luceres, or the 
Ramnenses, Titienses, and Lucerenses, to which 
the patricians alone belonged, must be distinguished 
from the thirty plebeian tribes of Servius Tullius, 
which were entirely local, four for the city, and 
twenty-six for the country around Rome. The his- 
tory and organization of the three ancient tribes are 
spoken of under Patrick. They continued of politi- 
cal importance almost down to the time of the 
decemviral legislation, but after this time they no 
longer occur in the history of Rome, except as an 
obsolete institution. 

The institution and organization of the thirty 
plebeian tribes, and their subsequent reduction to 
twenty by the conquests of Porsenna, are spoken 
of under Plebes, p. 782, 783. The four city tribes 
were called by the same name as the regions which 
they occupied, viz., Suburana, Esquilina, Collina, and 
Palatina* The names of the sixteen country tribes 
which continued to belong to Rome after the con- 
quest of Porsenna, are in their alphabetical order 
as follow : Mmilia, Camilia, Cornelia, Fabia, Galeria, 
Horatia, Lemonia, Menenia, Papiria, Pollia (which 
Niebuhr 5 thinks to be the same as the Poblilia, 
which was instituted at a later time), Papiria, Pu- 
pinia, Romilia, Sergia, Veturia, and Voltinia. 6 As 
Rome gradually acquired possession of more of the 
surrounding territory, the number of tribes also was 
gradually increased. When Appius Claudius, with 
his numerous train of clients, emigrated to Rome, 
lands were assigned to them in the district where 
the Anio flows into the Tiber, and a new tribe, the 
tribus Claudia, was formed. This tribe, which 
Livy 7 (if the reading is correct) calls vcius Claudia 
tribus, was subsequently enlarged, and wzs then 
designated by the name Crustumina or Clustumina* 
This name is the first instance of a country tribe 



1. (i., p. 312.)— 2. (Plut., Deraetr., 10.— Paus., i ,5, $5.— Pol- 
lux, Onom., viii., 110.) — 3. (See Wachsmuth, L, i., 224-240.— 
Hermann, Lehrbuch der Griech. Staatsv., 6 24, 93, 94, 111, 175, 
176.— Schomann, Ant. Jur. Pub., p. 165, 178, 200, 395.— Thirl- 
wall, ii., 1-14, 32, 73.)— 4. (Varro, De Ling. Lat., iv., p. 17, Bip 
— Festus, s. v. " Urbanas tribus.")— 5. (i., n. 977.) — 6. (Compare 
Gottling, Gesch. der Rom. Staatsv., p. 238.) — 7. (ii., 16.) — 8 
(Niebuhr, i., n. 1236.) 



TRIBUS. 



TRIBUS. 



temg named after a place, for the sixteen older ones 
ail derived their name from persons or heroes who 
were in the same relation to them, as the Attic 
heroes, called eTruvvfiot, were to the Attic phylae. 
In B.C. 387, the number of tribes was increased to 
twenty-five by the addition of four new ones, viz., 
the Stellatina, Tromentina, Sabatina, and Arniensis. 1 
In 358 B.C., two more, the Pomptina and Publilia, 
were formed of Volscians. 2 In B.C. 332, the cen- 
sors Q. Publilius Philo and Sp. Postumius increased 
the number of tribes to twenty-nine, by the addi- 
tion of the McBcia and Scaptia. 3 In B.C. 318, the 
Ufentina and Falerina were added.* In B.C. 299, 
two others, the Aniensis and Tcrentina, were added 
by the censors ; 5 and at last, in B.C. 241, the num- 
ber of tribes was augmented to thirty-five, by the 
addition of the Quirina and Velina. This number 
was never afterward increased, as none of the con- 
quered nations were after this incorporated with 
the sovereign Roman state. 6 When the tribes, in 
their assemblies, transacted any business, a certain 
order (ordo tribuum) was observed, in which they 
were called upon to give their votes. The first in 
the order of succession was the Suburana, and the 
last the Arniensis. 7 Any person belonging to a 
tribe had, in important documents, to add to his 
own name that of his tribe, in the ablative case. 
(Vid. Noment, Roman, p. 661.) 

Whether the local tribes, as they were establish- 
ed by the constitution of Servius Tullius, contained 
only the plebeians, or included the patricians also, 
is a point on which the opinions of modern scholars 
are divided. Niebuhr, Walter, and others, think 
that the patricians were excluded, as they had al- 
ready a regular organization of their own ; Wach- 
smuth, Gerlach, Rein, and others, on the contrary, 
maintain that the patricians also were incorporated 
in the Servian tribes ; but they allow, at the same 
time, that by far the majority of the people in the 
assemblies of the tribes were plebeians, and that 
Lenc2 the character of these assemblies was essen- 
tially plebeian ; especially as the patricians, being 
so few in numbers, and each of them having no more 
influence in them than a plebeian, seldom attended 
the meetings of the tribes. The passages, however, 
which are quoted in support of this opinion, are 
partly insufficient to prove the point (as Liv., ii., 56, 
60. — Dwnys., ix., 41), and partly belong to a later 
period, when it certainly cannot be doubted that 
the patricians belonged to the tribes. We must 
therefore suppose, with Niebuhr, that down to the 
decemviral legislation the tribes and their assem- 
blies were entirely plebeian. 

The assemblies of the tribes (comitia tributa), as 
long as they were confined to the plebeians, can 
scarcely have had any influence upon the affairs of 
the state : all they had to do was to raise the tri- 
butum, to hold the levies for the armies, and to 
manage their own local and religious affairs. 8 ( Vid. 
Tribunus, Plebes.) Their meetings were held in 
the Forum, and their sphere of action was not ex- 
tended by the establishment of the Republic. The 
first great point they gained was through the lex 
Valeria, passed by Valerius Publicola. ( Vid. Vale- 
ria Leges.) But the time from which the increase 
of the power of the comitia of the tribes must be 
dated, is that in which the tribuni plebis were in- 
stituted (494 B.C.). During the time of the de- 
cemviral legislation, the comitia were for a short 
time deprived of their influence, but we have every 
reason to believe that immediately after, probably 



by this legislation itself, the comitia tributa, instec 
of a merely plebeian, became a national assembly 
inasmuch as henceforth patricians £nd freeboru 
clients were incorporated is the tribes, and thus 
obtained the right of taking pait in their assemblies. 1 
This new constitution of the tribes also explains 
the otherwise unaccountable phenomena mentioned 
in the article Tribunus, that patricians sought the 
protection of the tribunes, and that on one occasion 
even two of the tribunes were patricians. From 
the latter fact it has been inferred, with great prob 
ability, that about that time attempts were made 
by the patricians to share the tribuneship with the 
plebeians. But, notwithstanding the incorporation 
of the patricians in the tribes, the comitia tributa 
remained essentially plebeian, as the same causes 
which would have acted had the patricians been 
included in the tribes by Servius Tullius were still 
in operation ; for the patricians were now even 
fewer in number than two centuries before. Hence 
the old name of plebiscitum, which means originally 
a resolution of the plebes only, although in a strict 
sense of the word no longer applicable, was still 
retained, as a resolution of the comitia tributa was 
practically a resolution of the plebes, which the pa- 
tricians, even if they had voted against it unani- 
mously, could not have prevented. Moreover, owing 
to this, the patricians probably attended the comitia 
tributa very seldom. 

In order to give a clear insight into the charactei 
and the powers which the comitia tributa gradually 
acquired, we shall describe them under separate 
heads, and only premise the general remark, that 
the influence of the comitia tributa was more di- 
rected towards the internal affairs of the state and 
the rights of the people, while the comitia centuriata 
exercised their power more in reference to the for- 
eign and external relations of the state, although to- 
wards the end of the Republic this distinction grad- 
ually vanished. 

I. The Election of Magistrates. — The comitia tri- 
buta had only the right of electing the magistratus 
minores. 2 The tribuni plebis were elected by them 
from the time of the Publilian law {vid. Tribunus), 
and in like manner the eediles, though the curule 
aediles were elected under the presidency of the con- 
suls, and also ai different meetings from those in 
which the plebeian aediles were elected. 3 In latei 
times the quasstors also, and a certain number of 
the tribuni militares, were elected by the tribes.* It 
also frequently occurs that the proconsuls to be sent 
into the provinces were elected by the tribes, and 
that others, who were already on their posts, had 
their imperium prolonged by the tribes. 5 In the 
course of time, the comitia tributa also assumed 
the right to elect the members of the colleges of 
priests. This custom, however, was, towards the 
end of the Republic, frequently modified. ( Vid. P( n- 
tifex, p. 790, &c.) 

II. Legislative Powers. — The legislation of the 
tribes was at first confined to making plebiscita on 
the proposal of the tribunes, which were rnly bind- 
ing upon themselves, and chiefly referred to local 
matters. Such plebiscita did not, of course, ir.piire 
the sanction either of the curias or of the senate.* 
But when the comitia tributa came to be an assem- 
bly representing the whole nation, it was natural 
that its resolutions should become binding upon the 
whole people ; and this was the case, at first with. 



cic. au au., iv., i. — ia., au ram., vin., <*.— .l.iv., ix., id.— m., 
v., 2.— Fest., s. v. "Plebei sediles.") —4. (Cic. ad Fam., vii., 
. — Id., in Vatin., 5. — Liv., iv., 54. — Id., vii., 5. — Id., ix., 30. — 
illust, Jug., 63.)— 5. (Liv., viii., 23, 26.— Id., ix., 42. —Id., x., 
.— Id., xxvii., 12, &c.)— 6. (Gell., x., 20.— Dionys.,x 3.— Id.- 
.. 45.) 



30 

Sallust 

22 

xi.. 45.) 



1005 



TRIBUS. 



TRlfBUS. 



and aiterward without, the sanction of the cu.ies, 
the senate, or the centuries, which were originally 
the real legislative assembly. (Vid. Plebiscitum.) 
It should, however, be observed, that even after the 
time when plebiscita became binding upon the whole 
nation, there occur many cases in which a plebis- 
citum is based upon and preceded by a senatus con- 
sultum, and we have to distinguish between two 
Kinds of plebiscita : 1. Those relating to the ad- 
ministration of the Republic, which constitutionally 
belonged to the senate, such as those which con- 
ferred the imperium, appointed extraordinary com- 
missions and quaestiones, dispensed or exempted 
persons from existing laws, decided upon the fate 
of conquered towns and countries, and upon the af- 
fairs of provinces in general, &c. These were al- 
ways based upon a senatus consultum, which was 
laid before the tribes by the tribunes. 2. Plebiscita 
relating to the sovereignty and the rights of the 
people naturally required no senatus consultum, and 
in general none is mentioned in such cases. Ple- 
biscita of this kind are, for example, those which 
grant the civitas and the suffragium, and those 
which concern a great variety of subjects connected 
with social life and its relations. The tribes also 
had the power of abolishing old laws. 1 The per- 
mission to enter the city in triumph was originally 
granted to a general by the senate, 2 but the comitia 
tributa began in early times to exercise the same 
right, and at last they granted such a permission 
even without a senatus consultum. 3 The right of 
deciding upon peace and war with foreign nations 
was also frequently usurped by the tribes, or per- 
mitted to them by a senatus consultum. In the 
time of Sulla, the legislative powers of the comitia 
were entirely abolished ; but of this change we shall 
speak presently. 

III. The jurisdiction of the tribes was very limited, 
as they had only jurisdiction over those who had 
violated the rights of the people, while all capital 
offences belonged to the comitia centuriata. In 
case of a violation of the popular rights, the tribunes 
or aediles might bring any one, even patricians, be- 
fore the comitia tributa, but the punishment which 
they inflicted consisted only in fines. In course of 
time, however, they became a court of appeal from 
the sentence of magistrates in any cases which 
were not capital. Magistrates also, and generals, 
were sometimes, after the term of their office had 
elapsed, summoned before the tribes to give an ac- 
count of their conduct and their administration. 
Private individuals were tried by them in cases for 
which the laws had made no provisions.* (Com- 
pare ^DILES, TltlBUNUS.) 

The place where the comitia tributa assembled 
might be either within or without the city, although 
in the latter case not more than a mile beyond the 
gates, as the power of the tribunes did not extend 
farther. 5 For elections, the Campus Martius was 
the usual place of meeting, 6 but sometimes also the 
Forum, 7 the area of the Capitol, 8 or the Circus Fla- 
minius. 9 

The usual presidents at the comitia tributa were 
the tribunes of the people, who were assisted in 
their functions by the aediles. No matter could be 
brought before the tribes without the knowledge 
and the consent of the tribunes, 10 and even the 



1. (Cic. ad Att., iii., 23. — Id., De Invent., ii., 45, &c.) — 2. 
(Appian, De Bell. Civ., ii., 8.) — 3. (Liv., iii., 63.— Id., v., 35, &c. 
— Id., x., 37. — Id., xxvi., 21. — Dion Cass., xxxix., 65. — Plut., 
JEm. Paul.. 31, &c— Lucull., 37.)— 4. (Cic, De Repub., i., 40. 
—Id. ib., ii., 36. — Id., De Leg., iii., 4, 19. — Id., Pro Sext., 30, 
34 ) — 5. (Dion Cass., xxxviii., 17.) — 6. (Cic. ad Att., iv., 3, 16. 
—Id. ib., i., 1.— Id., ad Fam., vii., 30.— Plut., C. Gracoh 3.)— 
7. (Cic. ad Att., i., 16.)— 8. (Liv., xxxiii., 10— Id., xliii.. 16.— 
Cic. ad Att., iv., 3.)— 9. (Liv., xxvii., 22 )— 10. (Liv., xxvii., 22. 
-Id., xxx., 40.— Cic, De Leg. Agr., ii., 8.) 
1006 



sediles were not allowed to make any proposaJ tc 
the comitia without the permission of the tribunes.' 
The college of tribunes appointed one of its mem- 
bers, by lot or by common consent, to preside at the 
comitia, 8 and the members of the college usually 
signed the proposal which their colleague was going 
to lay before the assembly. 3 During the period 
when the comitia tributa were a national assembly, 
the higher magistrates, too, sometimes presided at 
their meetings, though probably not without tho 
sanction of the tribunes. In legislative assemblies, 
however, the higher magistrates presided very sel- 
dom, and instances of this kind which are known 
were probably extraordinary cases.* In the comitia 
tributa assembled for the purpose of electing trib- 
unes, aediles, quaestors, sacerdotes, and others, the 
consuls frequently appear as presidents. 5 On one 
occasion the pontifex maximus presided at the 
election of tribunes. 6 When the comitia were as- 
sembled for judicial purposes, aediles, consuls, o 
praetors might preside as well as tribunes. 7 

The preparations preceding elective assemblies 
were very simple : the candidates were obliged to 
give notice to the magistrate who was to preside at 
the comitia, and the latter took their names and 
announced them to the people when assembled. 8 
For legislative assemblies, the preparations were 
greater and lasted longer. A tribune (rogator on 
princeps rogationis 9 ) announced the proposal (roga 
tio) which he meant to bring before the comitia 
three nundines before the general meeting. During 
this interval conciones were held, that is, assem 
blies of 'the people for considering and discussing 
the measure proposed, and any one might, at such 
meetings, canvass the people for or against the 
measure : but no voting took place in a concio. 10 
The auspices were at first not taken in the comitia 
tributa, as patricians alone had the right to take 
them ;" but subsequently the tribunes obtained the 
same right, though commonly they only instituted 
the spectio. 12 

As regards tho convocation of the comitia tributa, 
the tribune who was appointed to preside at the 
meeting simply invited the people by his viatores, 
without any of the solemnities customary at the 
comitia centuriata. 13 In the assembly itself the 
president took his seat, npon a tribunal, was sur- 
rounded by his colleagues, 1 * and made the people 
acquainted with the objects of the meeting (joga- 
bat). The rogatio, however, was not read by the 
tribune himself, but by a praeco.' 5 Then discussion 
took place, and private individuals as well as ma- 
gistrates might, with the permission of the tribune, 
speak either for or against the proposal. At last 
the president requested the people to vote by the 
phrase ite in suffragium, 16 or a similar one ; and 
when they stood in disorder, they were first called 
upon to arrange themselves according to their 
tribes ( discedite ), which were separated by ropes 
until the time when the septa were built in the 
Campus Martius. 17 The succession in which the 
tribes voted was decided by lot, 18 and the one which 



1. (Gell., iv., 4. — Dionys., vi., 90.) — 2. (Liv., ii, 56 — Id., iii., 
64.— Id., iv., 57.— Id., v., 17, &c)— 3. (Cic, Pro Sext., 33.— Id., 
De Leg. Agr., ii., 9.)— 4. (Plin., H. N., xvi., 15. — Cic, Pro 
Balb., 24. — Dion Cass., xxxviii., 6. — Id., xxxix., 65. — Appiat, 
De Bell. Civ., iii., 7.) — 5. (Liv., iii., 55, 64. — Dionys., ix., 41 
&c — Appian, De Bell. Civ., i., 14. — Dion Cuss., xxxix., 32.— 
Cic. in Vat., 5. — Id., ad Fam., vii., 30.— Id., ad Brut., i., 5.;— 6. 
(Liv., iii., 54.) — 7. (Liv., xxv., 4. — Appian, De Bell. Civ., i., 30. 
— Dion Cass., xxxviii., 17.)— 8. (Liv., iii., 64. — Appian, De Bell 
Civ., i., 14. — Compare Cic. ad Brut., i., 5.) — 9. (Cic, Pro Cue 
cin., 33, 35.)— 10. (Gellius, xiii., 5.) — 11. (Liv., vi., 41. — Dio 
nys., ix., 41, 49.— Id., x., 4.)— 12. (Cic. ad Att., i., 16. —Id. ib.. 
iv., 3, 16. — Id., in Vatin., 7. — Zonar., vii., 15.) — 13. (Appian, 
De Bell. Civ., i., 29.) — 14. (Liv., xxv., 3. — Dion Cass., xxxix., 
65.— Plut., Cat. Min., 28.) — 15. (Ascon. in Cic , Cornel., p. 58 
Orelli.) — 16. (Liv.,xxi.,7.)— 17. (Liv., xxxv., 2. — Cic, Pro Dom. 
18.— Appian, De Bell Civ., iii., 30.)— 18. (Cic, De Leg. Agr., ii 
9.— Liv., x., 24.— Id., xxv., 3.) 



TRIBUS. 



TRIBUS. 



was to vote fiist was called iribua prcero^xtiva or 
pnv.cipium, the others jure vocatoe. In tie tribus 
praerogativa some man of eminence usually gave 
his vote first, and his name was recorded in the 
resolution. 1 Out of the votes of each tribe a suffra- 
gium was made up, that is, the majority in each 
tribe formed the sufTragium, so that, on the whole, 
there were thirty-five suffragia. 2 (Compare Dirib- 
itoees.) When the counting of the votes had ta- 
ken place, the renuntiatio followed, that is, the re- 
sult of the voting was made known. The president 
then dismissed the assembly, and he himself had 
the obligation to see that the resolution was carried 
into effect. The business of the comitia tributa, 
like that of the centuriata, might be interrupted by 
a variety of things, such as obnuntiatio, sunset, a 
tempest, the intercession or veto of a tribune, the 
morbus comitialis, &c. In such cases the meeting 
was adjourned to another day. 3 If the elections 
could not be completed in one day, they were con- 
tinued on the day following ; but if the assembly 
had met in a judicial capacity, its breaking up be- 
fore the case was decided was, in regard to the de- 
fendant, equivalent to an acquittal.* If everything 
had apparently gone on and been completed regu- 
larly, but the augurs afterward discovered that some 
error had been committed, the whole resolution, 
whether it was on an election, on a legislative or 
judicial matter, was invalid, and the whole business 
had to be done over again. 6 

What we have said hitherto applies only to the 
comitia tributa as distinct from and independent of 
the comitia centuriata. The latter assembly was, 
from the time of its institution by Servius Tullius, 
in reality an aristocratic assembly, since the equites 
and the first class, by the great number of their cen- 
turies, exercised such an influence that the votes 
of the other classes scarcely came into considera- 
tion. 6 (Vid. Plebes, p. 783.) Now, as patricians 
and plebeians had gradually become united into one 
body of Roman citizens, with almost equal powers, 
the necessity must sooner or later have become 
manifest that a change should be introduced into 
the constitution of the comitia of the centuries in fa- 
vour of the democratical principle, which in all oth- 
er parts of the government was gaining the upper 
hand. The object of this change was perhaps to 
constitute the two kinds of comitia into one great 
national assembly. But this did not take place. 
A change, however, was introduced, as is manifest 
from the numerous allusions in ancient writers, 
and as is also admitted by all modern writers. As 
this change was connected with the tribes, though 
it did not affect the comitia tributa, we shall here 
give a brief account of it. But this is the more dif- 
ficult, as we have no distinct account either of the 
event itself, or of the nature of the change, or of the 
time when it was introduced. It is therefore no 
wonder that nearly every modern writer who has 
touched upon these points entertains his own pecu- 
liar views upon them. As regards the time when 
the change was introduced, some believe that it was 
soon after the establishment of the Republic, others 
that it was established by the laws of the Twelve 
Tables, or soon after the decemviral legislation ; 
while from Livy, 7 compared with Dionysius, 8 it ap- 
pears to be manifest that it did not take place till 
the time when the number of the thirty-five tribes 
was completed, that is, after the year B.C. 241. per- 

1. (Cic, Pro Plane, 14. — Frontin., De Aqu<ed., p. 129, ed. 
bip.)— 2. (Dionys., vii., 64. — Appian, De Bell. Civ., i., 12.— 
L v., viii., 37, &c.) — 3. (Dionys., x., 40. — Liv., xlv., 35.— Ap- 
pian, De Bell. Civ., i., 12.— Plut., Tib. Gracch., 11, &c — Dion 
Cass., xxxix., 34.)-4. (Cic, Pro Dom., 17.)— 5. (Liv., x., 47.— 
M., xxx., 39.— Ascon. ad Cic, Cornel., p. 68, Orelli. — Cic, De 
Leg., j. , 12.)— 6. (Vid. Liv., ii., 64.— Id., vii., 18.— Id., x., 37.— 
Dionys.. .x , 43, &c)— 7. (i., 43.)— 8. (iv., 21.) 



haps in the censorship of C. Flaminius (B.C. 22X,,-, 
who, according to Polybius, 1 made the constitution 
more democratical. This is also the opinion of Ger- 
lach a and of Gottling. 3 In regard to the nature of 
the change, all writers agree that it consisted in an 
amalgamation of the centuries and the tribes ; but 
in the explanation of this general fact, opinions are 
still more divided than in regard to the time when 
the change was introduced, and it would lead us 
much too far if we only attempted to state the dif- 
ferent views of the most eminent modern writers. 
The question is one which still requires a careful 
and minute examination, but which will, perhaps, 
remain a mystery forever. In the mean while, we 
shall confine ourselves to giving the results of the 
latest investigations on the subject, which have been 
made by Gottling.* 

The five classes instituted by Servius Tullius con- 
tinued to exist, and were divided into centuries of 
seniores and juniores ; 8 but the classes are in the 
closest connexion with the thirty-five tribes, while 
formerly the tribes existed entirely independent of 
the census. In this amalgamation of the classes 
and the tribes, the centuries formed subdivisions of 
both ; they were parts of the tribes as well as of 
the classes. 6 Gottling assumes 350 centuries in the 
thirty-five tribes, and gives to the senators and 
equites their suffragium in the first class of each 
tribe as seniores and juniores. The centuries of 
fabri and cornicines are no longer mentioned, and 
the capite censi voted in the fifth class of the fourth 
city tribe. Each century in a tribe had one suffra- 
gium, and each tribe contained ten centuries, two 
(seniores and juniores) of each of the five classes." 
Gottling farther supposes that the equites were 
comprised in the first class, and voted with it, and 
that they were even called the centuries of the first 
class. 8 The mode of voting remained, on the whole, 
the same as in the former comitia centuriata. The 
equites voted with the senators, but the former 
usually among the juniores, and the latter among 
the seniores. 9 The following particulars, however, 
are to be observed. We read of a praerogativa in 
these assemblies, and this might be understood 
either as a tribus praerogativa, or as a centuria prae- 
rogativa. If we adopt the former of these possibil 
ities, which is maintained by some modern writers, 
the ten centuries confined in the tribus praerogativa 
would have given their suffrages one after the 
other, and then the tenuntiatio, or the announce- 
ment of the result of their voting, would have taken 
place after it was ascertained. The inconsistency 
of this mode of proceeding has been practically 
demonstrated by Rein ; 10 and as we know, from the 
passages above referred to, that the votes were 
given according to centuries, 11 and according to 
tribes only in cases when there was no difference 
of opinion among the centuries of the same tribe, 
we are obliged to suppose that the praerogativa was 
a century taken by lot from all the seventy centu- 
ries of the first class, two of which were contained 
in each of the thirty-five tribes, and that all the cen- 
turies of the first class gave their votes first, that 
is, after the praerogativa. From the plural form 
prerogatives, it is, moreover, inferred that it consist- 
ed of two centuries, and that the two centuries of 
the first class contained in the same tribe voted to- 



I. (ii.,21.) — 2. (Die Ve^c-sung des Servius Tullius, p. 32. 
&c)— 3. (Gesch. der Rcim. Sli-atsv., p. 382.)— 4. (p. 380, &c)— 
5. (Liv., xliii., 16.— Cic, Philip., ii., 33.— Id., Pro Flacc, 7. 
Id., De Rep., iv., 2. — Sallust, Jug., 86. — Pseudo-Sallust, De 
Rep. Ordin., 2, 8.)— 6. (Cic, Pro Plane, 20.— Id., De Leg., ii., 
2. — De Petit. Cons., 8.) — 7. (Val. Max., vi., 5, v 3.)— 8. (Liv.. 
xliii., 16.)— 9. (Cic, De Rep., iv., 2.— De Petit. Cons., 8.)— 10 
(in Pauly's Real. Encyclop. der Alterthumswiss., ii., p. 556, &c; 
— 11. (Compare Ascon. in Cic, Orat. in Tog. Cand., p 95, ud. 
Orelli.) 

UU\7 



TRIBUS. 



TRlbUTUM. 



gather. 1 II. as in me passage of Pseudo-Asconius, 
a tribus praerogativa is mentioned in the comitia 
centuriata, it can only mean the tribe from which 
the praerogativa centuria is taken by lot, for a real 
tribus praerogativa only occurs in the comitia tribu- 
ta. The century of the first class drawn by lot to 
be the praerogativa was usually designated by the 
name of the tribe to which it belonged, e. g., Gale- 
ria juniorum, 2 that is, the juniores of the first class 
in the tribus Galeria ; Aniensis juniorum ; 3 Veturia 
juniorum,* &c. C. Gracchus wished to make the 
mode of appointing the centuria praerogativa more 
democratical, and proposed that it should be drawn 
from all the five classes indiscriminately ; but this 
proposal was not accepted. 5 When the praeroga- 
tiva had voted, the result was announced (renunti- 
are), and the other centuries then deliberated wheth- 
er they should vote the same way or not. After 
this was done, all the centuries of the first class 
voted simultaneously, and not one after another, as 
the space of one day would otherwise not have 
been sufficient. Next voted, in the same manner, 
all the centuries of the second, then those of the 
third class, and so on, until all the centuries of the 
classes had voted. The simultaneous voting of all 
the centuries of one class is sometimes, for this 
very reason, expressed by prima, or secunda classis 
vocatar. 6 When all the centuries of one class had 
voted, the result was announced. Respecting the 
voting of the centuries the following passages may 
also be consulted : Cic, Pro Plane, 20 ; in Verr., 
v., 15; Post Red. in Senat., 11 ; ad Quirit., 7. — 
Liv., x., 9. 22; xxiv., 7; xxvi., 22. It seems to 
have happened sometimes that all the centuries of 
one tribe voted the same way, and in such cases it 
was convenient to count the votes according to 
tribes instead of according to centuries. 7 

These comitia of the centuries, with their altered 
and more democratical constitution, continued to 
exist, and preserved a great part of their former 
power along with the comitia tributa, even after 
the latter had acquired their supreme importance in 
he Republic. During the time of the moral cor- 
ruption of the Romans, the latter appear to have 
jeen chiefly attended by the populace, which was 
guided by the tribunes, and the wealthier and more 
respectable citizens had little influence in them. 
When the libertini and all the Italians were incor- 
porated in the old thirty-five tribes, and when the 
political corruption had reached its height, no trace 
of the sedate and moderate character was left by 
which the comitia tributa had been distinguished in 
former times. 8 Violence and bribery became the 
order of the day, and the needy multitude lent will- 
ing ears to any instigations coming from wealthy 
bribers and tribunes who were mere demagogues. 
Sulla, for a time, did away with these odious pro- 
ceedings ; since, according to some, he abolished 
the comitia tributa altogether, or, according to oth- 
ers, deprived them of the right of electing the sa- 
cerdotes, and of all their legislative and judicial 
powers. 9 (Compare Tribunus.) But the constitu- 
tion, such as it had existed before Sulla, w T as re- 
stored soon after his death by Pompey and others, 
with the exception of the jurisdiction, which was 
forever taken from the people by the legislation of 
Sulla. The people suffered another loss in the dic- 

1. (Cic , Piilip., ii., 33. — Fest., s. v. Prserogativa. — Pseudo- 
Ascon. in Cic, Verr., p. 139, ed. Orelli. — Liv., x., 22.) — 2. (Liv., 
xxvii., 6.) — 3. (Liv., xxiv., 7.)— 4. (Liv., xxvi., 22.) — 5. (Pseu- 
do-Sallust, De Rep. Ordin., 2, 6.)— 6. (Cic, Philip., 1. c— Com- 
pare Pseudo-Ascon. in Cic, Verr., p. 139, Orelli.) — 7. (Cic ad 
Att., i., 16.— Id. ib., iv., 15.— Id., De Leg. Agr., ii., 2.— Id., Pro 
Plane, 22. — Polyb., vi., 14. —Liv., v., 18. — Id., xl., 42. — Id., 
Epit., 49. — Suet., Jul., 41, 48, 80, &c) —8. (Sail., Cat., 37. — 
Suet., Jul., 41.— Cic. ad Att., i., 16.)— 9. (Cic in Verr., i., 13, 
15. — Id., De Leg. , iii., 9. — Liv., Epit., 89. — Appian, De Bell. 
Civ., i., 59, 98.) 
1008 



tatorship of J. o&sar, who decided upon peace and 
war himself in connexion with the senate. 1 He 
had also the whole of the legislation in his hands, 
through his influence with the magistrates and the 
tribunes. The people thus retained nothing but the 
election of magistrates ; but even this power was 
much limited, as Caesar had the right to appoint 
half the magistrates himself, with the exception of 
the consuls ; 3 and as, in addition to this, he recom 
mended to the people those candidates whom he 
wished to be elected : and who would have opposed 
his wish I 3 After the death of Caesar the comitia 
continued to be held, but were always, more or 
less, the obedient instruments in the hands of the 
rulers, whose unlimited powers were even recog- 
nised and sanctioned by them.* Under Augustus 
the comitia still sanctioned new laws and elected 
magistrates, but their whole proceedings were a 
mere farce, for they could not venture to elect any 
other persons than those recommended by the em- 
peror. 5 Tiberius deprived the people of this delu- 
sive power, and conferred the power of election 
upon the senate. 6 When the elections were made 
by the senate, the result was announced to the peo- 
ple assembled as comitia centuriata or tributa. 7 
Legislation was taken away from the comitia en- 
tirely, and was completely in the hands of the sen 
ate and the emperor. Caligula placed the comitia 
again upon the same footing on which they had 
been in the time of Augustus; 8 but this regulation 
was soon abandoned, and everything was left as it 
had been "arranged by Tiberius. 9 From this time 
the comitia may be said to have ceased to exist, as 
all the sovereign power formerly possessed by the 
people was conferred upon the emperor by the lex 
regia. ( Vid. Regia Lex.) The people only assem- 
bled in the Campus Martius for the purpose of re- 
ceiving information as to who had been elected or 
appointed as its magistrates, until at last even this 
announcement (renuntiatio) appears to have ceased. 

In addition to the works mentioned in the course 
of this article, the reader may consult Unterholznei , 
De Mutata Centuriatorum Comit. a Scrvio Tulho 
Rege Insiitutorum Ratione, Breslau, 1835. — G. C 
Th. Francke, De Tribuum, de curiarum atque Centu 
riorum Ratione, Schleswig, 1824. — Huschke, Die 
Verfassung des Servius Tullius, 1838. — Hiillmann, 
Rbmische Grundverfassung. — Rubino, Untersuchun- 
gen iiber die Rom. Verfassung, 1839. — Zumpt, Ueber 
die Abstimmung des Rom. Volkes in Centuriatcomitien. 

TRIBU'TA COMI'TIA. (Vid. Tribus, Roman.) 

TRIBUTO'RIA ACTIO. ( Vid. Servus, Roman, 
p. 884.) 

TRIBU'TUM is a tax which, as Niebuhr 10 sup- 
poses, was at first only paid by the plebeians, since 
the name itself is used by the ancients in con- 
nexion with the Servian tribes ; for Varro 11 says 
" tribulum dictum a tribubus," and Livy, 1 * " tribus ap- 
pellate a tributo." But this seems to be only par- 
tially correct, as Livy 13 expressly states that the 
patres also paid the same tax. It is, indeed, true, 
that the patricians had little real landed property, 
and that their chief possessions belonged to the 
ager publicus, which was not accounted in the cen- 
sus as real property, and of which only the tithes 
had to be paid, until, at a late period, an alteration 
was attempted by the lex Thoria. 14 But there is no 
reason for supposing that the patricians did not pay 

1. (Dion Cass., xlii., 20.)— 2. (Suet., Jul., 41.— Cic, Philip., 
vii., 6.— Dion Cass., xliii., 51.)— 3. (Dion Cass., xliii., 47.— Ap- 
pian, De Bell. Civ., ii., 18.)— 4. (Appian, De Bell. Civ., iv., 7.— 
Dion Cass., xlvi., 55.— Id., xlvii., 2.)— 5. (Suet., Octav., 40, &c. 
— Dicn Cass., liii., 2, 21.— Id., Iv., 34.— Id., lvi., 40.)-6. (Ta- 
cit., 4nn., i., 15, 81.— Id. ib., ii., 36, 51.— Veil. Paterc, ii., 126.) 
— 7. (Dion Cass., lviii., 20.) —8. (Dion Cass., lix., 9. — Suet., 
Cal., 16.)— 9. (Dion Cass., lix., 20.)— 10. (Hist, of Rome , i., p 
468.)— 11. (De Ling. Lat., iv., p. 49.)— 12. (i., 43.)— 13 liv , 60 I 
—14. (Appian, De BeU. Civ., i., 27.) 




TRICLINIUM. 



the tributum upon their real property, although the 
greater part of it naturally fell upon the plebeians. 1 
The impost itself varied according to the exigences 
of the state, and was partly applied to cover the 
expenses of war, and partly those of the fortifica- 
tions of the city. 2 The usual amount of tax was 
one for every thousand of a man's fortune, 3 though 
in the time of Cato it was raised to three in a thou- 
sand. The tributum was not a property-tax in the 
strict sense of the word, for the accounts respect- 
ing the plebeian debtors clearly imply that the debts 
were not deducted in the valuation of a person's 
property, so that he had to pay the tributum upon 
property which was not his own, but which he 
owed, and for which he had, consequently, to pay 
the interest as well. It was a direct tax upon ob- 
jects without any regard to their produce, like a 
land or house tax, which, indeed, formed the main 
part of it.* That which seems to have made it 
most oppressive was its constant fluctuation. It 
was raised according to the regions or tribes insti- 
tuted by Servius Tullius, and by the tribunes of 
these tribes, subsequently called tribuni aerarii. 5 
Dionysius. in another passage, 6 states that it was 
imposed upon the centuries according to their cen- 
sus ; but this seems to be a mistake, as the centuries 
contained a number of juniores who were yet in 
their fathers' power, and consequently could not 
pay the tributum. It was not, like the other branch- 
es of the public revenue, let out to farm, but, being 
fixed in money, it was raised by the tribunes, unless 
(as was the case after the custom of giving pay to 
the soldiers was introduced) the soldiers, like the 
knights, demanded it from the persons themselves 
who were bound to pay it. ( Vid. &s Equestre 
and Hordearium.) When this tax was to be paid, 
what sum was to be raised, and what portion of 
every thousand asses of the census, were matters 
upon which the senate had to decide alone. But 
when it was decreed, the people might refuse to pay 
:'t wh^n they thought it too heavy or unfairly dis- 
tributed, or hoped to gain some other advantage by 
the refusal. 7 In later times the senate sometimes 
left its regulation to the censors, who often fixed it 
very arbitrarily. No citizen was exempt from it ; 
but we find that the priests, augurs, and pontiffs 
made attempts to get rid of it, but this was only an 
abuse which did not last. 8 In cases of great dis- 
tress, when the tributum was not raised according 
to the census, but to supply the momentary wants 
of the Republic, it was designated by the name of 
Tributum Te?nerarium. 9 After the war with Mace- 
donia (B.C. 147), when the Roman treasury was 
filled with the revenues accruing from conquests 
and from the provinces, the Roman citizens became 
exempted from paying the tributum ; 10 and this 
state of things lasted down to the consulship of 
Hirtius and Pansa (43 B.C. 11 ), when the tributum 
was again levied on account of the exhausted state 
of the serarium. 12 After this time it was imposed 
according to the discretion of the emperors. 

Respecting the tributum paid by conquered coun- 
tries and cities, see Vectioalia. 13 

TRFBON (T P L6uv). (Vid. Pallium, p. 720.) 

TRICLI'NTUM, the dining-room of a Roman 

house, the position of which, relatively to the other 

parts of the house, is explained in p. 519. It was 

of an oblong shape, and, according to Vitruvius, 1 * 



1. (Liv., iv., 60; t,10.)— 2. (Liv., vi., 32.)— 3. (Liv., xxiv., 
15 ; xxxix., 7, 44.)— 4. (Niebuhr, i., p. 581.)— 5. (Dionys., iv., 14, 
15.)— 6. (iv., 19.)— 7. (Liv., v., 12.)— 8. (Liv., xxxiii., 42.)— 9. 
(Festus. s. v. Tributorum collationem.)— 10. (Cic, De Off., ii., 
22.— Plin., 11. N., xxxiii., 17.)— 11. (Plut., JEm. Paul., 38.) — 
12. (Compare Cic. ad Fam , xii., 30. — Philip., ii., 37.) — 13. 
(Compare Hegewuch, Versucli iiberdie Rom. Finanzen, Altona, 
1S04. — Bosse, Grundziige des Finanzwesens im Rom. Staat, 
Rraunschweitr. 18(>3.)--14 (vi., 3, v 8.) 
fi M 



TRICLINIUM. 

ought to be twice as long as it was broad. The 
same author 1 describes triclinia, evidently intended 
to be used in summer, which were open towards 
the north, and had on each side a window looking 
into a garden. The " house of the tragic poet" at 
Pompeii, and also that of Actason, appear to have 
had. summer dining-rooms opening to the viridari- 
um. The woodcut at p. 462 shows the arrange- 
ment of the three couches {lecti, nVivai), from which 
the triclinium derived its name. They also remain 
in the "house of Actaeon," being built of stone. 

The articles Lectos, Torus, Pulvinar, and Ac- 
cubita, contain accounts of the furniture used to 
adapt these couches for the accubatio, i. e., for the 
act of reclining during the meal. When so prepa- 
red for an entertainment they were called triclinia 
strata, 2 and they were made to correspond with one 
another in substance, in dimensions, and in shape.' 
As each guest leaned during a great part of the en- 
tertainment upon his left elbow, so as to leave the 
right arm at liberty, and as two or more lay on the 
same couch, the head of one man was near the 
breast of the man who lay behind him, and he was 
therefore said to lie in the bosom of the other.* 
Among the Romans, the usual number of persons 
occupying each couch was three, so that the three 
couches of a triclinium afforded accommodation for 
a party of nine. It was the rule of Varro, 5 that the 
number of guests ought not to be less than that of 
the Graces, nor to exceed that of the Muses. Some, 
times, however, as many as four lay on each of the 
couches. 6 The Greeks went beyond this number : 
Cicero says they lay crowded by fives (see wood- 
cut, p. 326), or packed even still more closely. 7 The 
oIkol TpiaKovrdiiXivot 6 may be supposed to have re- 
ceived about ninety guests at a time, there bein 
ten triclinia, and nine guests to each. 

In such works of ancient art as represent a sym 
posium or drinking-party, we always observe that 
the couches are elevated above the level of the ta- 
ble. This circumstance throws some light upon 
Plutarch's mode of solving the problem respecting 
the increase of room for the guests as they proceed- 
ed with their meal. 9 Each man, in order to feed 
himself, lay flat upon his breast, or nearly so, and 
stretched out his hand towards the table ; but after- 
ward, when his hunger was satisfied, he turned 
upon his left side, leaning on his elbow. To this 
Horace alludes in describing a person sated with a 
particular dish, and turning in order to repose upon 
his elbow. 10 

We find the relative positions of two persons who 
lay next to one another commonly expressed by 
the prepositions super or supra, and infra. A pas- 
sage of Livy, 11 in which he relates the cruel conduct 
of the consul L. Quintius Flamininus, shows that 
infra aliquem cubare was the same as in sinu alicujus 
cubare, and, consequently, that each person was con- 
sidered as below him to whose breast his own head 
approached. On this principle we are enabled to 
explain the denominations both of the three couches 
and of the three places on each couch. 

Supposing the annexed arrangement to represent 
the plan of a triclinium, it is evident that, as each 
guest reclined on his left side, the countenances of 
all, when in this position, were directed, first, from 
No. 1 towards No. 3, then from No. 4 towards No. 
6, and, lastly, from No. 7 towards No. 9 ; that the 
guest No. 1 lay, in the sense explained, above No 
2, No. 3 below No. 2, and so of the rest ; and that, 
going in the same direction, the couch to the right 



1. ( v 10.)— 2. (Ca>s., Bell. Civ., iii , 92.— Compare Athen., ii., 
p. 47, 48.) — 3. (Varro, L. L., ix., 47, ed. Miiller.) — 4. (Plin., 
Epist., iv., 22.) —5. (Cell , xiii., 11.)— 6. (Hor., Sat., i., 4, 86.; 
— 7. (in Pis., 27.) — 8. (Plut., Svmp., v., 5, p. 1207.) —9. (Id. 
ib., v., 6.)— 10 (Sat., ii., 4, 39.)— 11. (txxix.,43.) 

1009 



TRIERARCHIA. 



TRIERARCHIA. 







lectus medius 












so 
2 -5 

- 6} 

.5 £ 


3 
| 

3 






£ 

a 

a 

w 


=3 


summus 
medius 




6 5 

7 

8 


4 
3 

2 




imus 
medius 


=3 
— 

a> 


imus 




9 


1 




summus 


3 
<-> 
O 

a> 



&and was a&oue the others, and the couch to the left 
hand below the others. Accordingly, the following 
fragment of Sallust 1 contains the denominations of 
the couches as shown on the plan : " Igitur discu- 
buere : Sertorius (i. e., No. 6) inferior in medio ; super 
eum L. Fabius Hispaniensis senator ex proscriptis 
(No. 5) : in summo Antonius (No. 1) ; et infra scriba 
Sertorii Versius (No. 2) : et alter scriba Maecenas (No. 
8) in imo, medius inter Tarquinium (No. 7) et domi- 
num Perpernam (No. 9)." On the same principle, 
No. 1 was the highest place (locus summus) on the 
highest couch ; No. 3 was locus imus in lecto sum- 
mo ; No. 2 locus medius in lecto summo ; and so 
on. It will be found that in the following pas- 
sage 2 the guests are enumerated in the order of 
their accubation — an order exhibited in the annexed 
diagram. 





Vibidui 
Maecenas 

Servilim 




Nometanus 

"Nasidienus 

Porcius 




{[ Mensa JJ 


Varius 

Viscus 

Funda&ias 



Fundanius, one of the guests, who was at the top 

relatively to all the others, says, 

" Summus ego, et prope me Viscus Thurinus, et infra, 
Si memini, Varius : cum Servilio Balatrone 
Vibidius, quos Macenas adduxerat umbras. 
NomenLanus erat super ipsum, Porcius infra." 

It is possible that Maecenas ought to be in the 
place No. 4 instead of No. 5, since the entertain- 
ment was given more especially in honour of him, 
and No. 4 was an honourable place. The host him- 
self, Nasidienus, occupies the place No. 8, which 
was usually taken by the master of the feast, and 
was a convenient situation for giving directions and 
superintending the entertainment. Unless there be 
an exception in the instance of No. 4, it is to be ob- 
served that at each table the most honourable was 
the middle place. 3 

The general superintendence of the dining-room 
in a great house was intrusted to a slave called tri- 
cliniarcha, who, through the instrumentality of other 
slaves of inferior rank, took care that everything 
was kept and proceeded in proper order. 

TRIDENS. (Vid. Fuscina.) 

TRIDRACHMON. (Vid. Drachma.) 

TRIENS. (Vid. As, p. 110.) 

TRIERARCHIA (rpinpapxia). This was one of 
the extraordinary war-services or liturgies (vid. 
Leitourgia) at Athens, the object of which was to 
provide for the equipment and maintenance of the 
ships of war belonging to the state. The persons 
who were charged with it were called Tpi^papxoc, 
or trierarchs, as being the captains of triremes, 
though the name was also applied to persons who 
bore the same charge in other vessels. It existed 
from very early time in connexion with the forty- 

1. (ap. Serv. in Virg. ^n.. i., 698.)— 2. (Hor., Sat., ii., 8, 20- 
23.)— 3. (Virg., JEn., i., 698.) 
1010 



eight naucraries of Solon and the fifty of Cleis- 
thenes, each of which corporations appears to have 
been obliged to equip and man a vessel. (Compare 
Naucrari a. 1 ) Under the constitution of Cleisthenes 
the ten tribes were at first severally charged with 
five vessels. This charge was, of course, super- 
seded by the later forms of the trierarchy, explain- 
ed in the course of this article. 

I. The services to which the trierarchs were liable. — 
What these were previously to 358 B.C., there can 
be no doubt ; the vessel was furnished by the state, 
though sometimes a wealthy and patriotic individual 
served in his own ship. Cleinias, for instance, did 
so at Artemisium ; 2 but as it is particularly record- 
ed that this ship was his own, we may infer that 
he supplied at his own cost what the state was bound 
to provide. The same custom prevailed during the 
Peloponnesian war also. The 100 ships prepared 
and reserved at the beginning of the war for any 
critical emergency, were supplied by the state. 3 In 
the expedition against Sicily, 4 the state furnished 
the hull of the vessel (vavv icevav) and the pay of 
the crews, a drachma per day for each man ; but 
the equipment of the ships was at the cost of the 
trierarchs, who also gave kiri(j>opai, & or additional 
pay, to secure the best men. The same conclusions 
are also deducible from the credit which a trierarch 
takes to himself for saving his vessel, when the city 
lost her ships at iEgospotami ; 6 and from the farther 
statement, that he paid the sailors out of his own 
pocket. From the threat of Cleo?, 7 that he would 
(as arparnyoc) make an adversary a trierarch, and 
give him an old ship with a rotten mast (Io-tIov oaK- 
oov), it appears that the state furnished the hull and 
mast also, but that the trierarch was bound to keep 
and return them in good repair : an obligation ex- 
pressed in the inscriptions quoted by Bockh, 8 by the 
phrase del ttjv vavv 66kl/j.ov nai evreTifj irapadovvai 
Consequently, the statement in the oration against 
Midias, 9 that when Demosthenes was quite young 
(B.C. 364) the trierarchs paid all the expenses 
themselves (to. uva2.6fj.aTa ek t&v idiuv), only im 
plies that they defrayed the expenses which were 
customary at that time, and which were afterward 
diminished by the regulation of the symmoriae ; but 
not that they supplied the ship, or pay and provisions 
for the crew. The whole expenditure, says Bockh, 1 ° 
means nothing more than the equipment of the ves 
sel, the keeping it in repair, and the procuring the 
crew, which was attended with much trouble and 
expense, as the trierarchs were sometimes obliged 
to give bounties in order to induce persons to serve, 
foreign sailors not being admissible. From the 
oration of Demosthenes against Polycles (B.C. 361), 
we learn the following particulars about the trier- 
archy of that time. The trierarchs were obliged 
to launch their ship ; the sailors were supplied from 
particular parishes (dfjjioi.), through the agency of 
the demarchi ; but those supplied to Apollodorus, 
the client of Demosthenes, were but few and ineffi- 
cient, consequently he mortgaged his estate (viro 
decvai ttjv ovaiav), and hired the best men he could 
get, giving great bounties and premiums (7rpo66<jeic ). 
He also equipped the vessel with his own tackle 
and furniture, taking nothing from the public stores 
(en rdv dnpooiuv ovdev eladov. Compare the Speech 
on the Crown of the Trierarchy 11 ). Moreover, in 
consequence of his sailors deserting when he was 
out at sea, he was put to additional and heavy ex- 
penses in hiring men at different ports. The pro- 
vision-money for the sailors (oirnpeoiov) was pro- 



1 (Lex Rhet., p. 283.)— 2. (Herod., viii., 17.)— 3. (Thucyd., 
ii ,24.)— 4. (Id., vi.,31.)— 5. (Pollux, Onom.,iii.,94.)— 6. (Isocr., 
c. Callim., 382.)— 7. (Aristoph., Equit., 916.)— 8. (Urkunden, &c , 
p i97.)_9. (p. 564, 22.) — 10. (Public Ecoa. of Athens, n., p 
334.)— 11. (1229.) 



TRIERARCHIA. 



TRIERARCHIA. 



cided by the state and paid by the stratcgi, and so, 
generally speaking, was the pay for the marine 
(emduTai) ; but Demosthenes' client only received 
it for two months ; and as he served for five months 
more than his time (from the delay of his successor 
elect), he was obliged to advance it himself for fif- 
teen months, with but an uncertain prospect of 
repayment. Other circumstances are mentioned 
which made his trierarchy very expensive, and 
the whole speech is worth reading, as showing the 
unfairness and hardship to which a rich man was 
sometimes subjected as a trierarch. The observa- 
tion that he took no furniture from the public stores 
proves that at that time (B.C. 361) the triremes 
were fitted out and equipped from the public stores, 
and consequently by the state ; but, as we learn 
from other passages in Demosthenes and the in- 
scriptions in Bockh, 1 the trierarchs were obliged 
to return in good condition any articles which they 
took ; in default of doing so, they were considered 
debtors to the state. 

That the ship's furniture was either wholly or in 
part supplied by the state, also appears from another 
speech : a but trierarchs did not always avail them- 
selves of their privilege in this respect, that they 
might have no trouble in settling with the state. It 
is evident, then, that at the time referred to (about 
B.C. 360), the only expenses binding upon the trier- 
archs were those of keeping in repair the ship and 
the ship's furniture ; but even these might be very 
considerable, especially if the ship were old, or ex- 
posed to hard service or rough weather. Moreover, 
some trierarchs, whether from ambitious or patriotic 
motives, put themselves to unnecessary expense in 
fitting out and rigging their ships, from which the 
state derived an advantage. Sometimes, on the 
other hand, the state suffered by the trierarchs per- 
forming their duties at the least possible expense, 
or letting out their trierarchy (utoduoai ttjv Xetrovp- 
ylav) to the contractor who offered the lowest ten- 
der. 3 One consequence of this was, that the du- 
ties were inadequately performed ; but there was a 
greater evil connected with it, namely, that the con- 
tractors repaid themselves by privateering on their 
own account, which led to reprisals and letters of 
marque being granted against the state. (Vid. Sv- 
lai.*) It seems strange that the Athenians tolera- 
ted this, especially as they were sometimes incon- 
sistent enough to punish the trierarchs who had let 
out their trierarchy, considering it as a desertion of 
post (XenroTd^LOv 5 ). 

We may here observe, that the expression in Isas- 
us,' that a trierarch " had his ship made himself" 
(ttjv vavv TTOL7](jd{j,svov), does not mean that he was 
at the cost of building it (vavirnynadfievoc), but only 
of fitting it up and getting it ready for sea. That 
the ships always belonged to the state is farther 
evident from the fact that the senate was intrusted 
with the inspection of the ship-building, 7 and is 
placed beyond all doubt by the " Athenian Navy 
List" of the inscriptions in Bockh. 8 Some of the 
ships there mentioned are called dveTrtK^puToi, 
whence it appears that the public vessels were as- 
signed by lot to the respective trierarchs. A rpiTJpnc 
iTudoaifioe was a ship presented to the state as a 
free gift, just as rptfjpr) kmSoivat means to present 
Ihe state with a trireme. 9 The duration of a trier- 
archy was a year, and if any trierarch served longer 
than his legal time, he could charge the extra ex- 
penses (to eTTiTpirjpapxvfici) to his successor. To 
recover these expenses, an action (hTxiTpir\papxhfia.Tor 

1. (Urkunden, No. iii.)— 2. (c. Euerg. et Mnesib., p. 1146.)— 
3. (Dem., De Coron. Trier., p. 1230.) — 4. (Dem., ib., p. 1231.) 
—5. (Id., p. 1230.)— 6. (De Apoll. hered., p. 67.)— 7. (Dem., c. 
Androt., p. 599, 13.)-- 8. (Urkunden, &c.) — 9. (Dem., c. Mid., 
^6 568.) 



6iki?) might be brought against the successor, of 
which we have an example in the speech of Apollo- 
dorus against Polycles, composed by Demosthenes 
for the former. 

II. On the expenses of the trierarchy. — These would, 
of course, depend upon circumstances ; but, except 
in extraordinary cases, they were not more than 60, 
nor less than forty minae : the average was about 
50. Thus, about the year B.C. 360, a whole trier 
archy was let out for 40 minae ; in later times the 
general amount of a contract was 60. L 

III. On the different fcrms of the trierarchy. — In an- 
cient times one person bore the whole charge, af- 
terward it was customary for two persons to share 
it, who were then called syntrierarchs (awTpifjpap- 
Xol). When this practice was first introduced is 
not known, but Bockh conjectures that it was about 
the year 412 B.C., after the defeat of the Athenians 
in Sicily, when the union of two persons for the 
choregia was first permitted. The most ancient 
account of a syntrierarchy is later than 410 ; 2 and 
we meet with one so late as B.C. 358, the year of 
the Athenian expedition into Eubcea. 3 The syntri- 
erarchy to which we allude was, indeed, a voluntary 
service (kmSoaic), but there can be little doubt that 
it was suggested by the ordinary practice of that 
time ; and even under the next form of the service, 
two trierarchs were sometimes employed for the 
immediate direction of the trierarchy. The syntri- 
erarchy, however, did not entirely supersede the 
older and single form, being only meant as a relief 
in case of emergency, when there was not a suffi- 
cient number of wealthy citizens to bear the expense 
singly. Numerous instances, in fact, occur of sin- 
gle trierarchies between 410 and 358 B.C., and is 
two passages of Isaeus,* referring to this period, the 
single and double trierarchy are mentioned as con- 
temporaneous. Apollodorus also was sole trier- 
arch 5 so late as B.C. 361. In the case of a syntri- 
erarchy, the two trierarchs commanded their vessel 
in turn, six months each, 6 according as they agreed 
between themselves. 

The third form of the trierarchy was connected 
with or suggested by the syntrierarchy. In B.C. 
358, the Athenians were unable to procure a suffi- 
cient number of legally-appointed trierarchs, and ac- 
cordingly they summoned volunteers. This, how- 
ever, was but a temporary expedient ; and, as the 
actual system was not adequate to the public wants, 
they determined to manage the trierarchy some- 
what in the same way as the property taxes (vid. 
Eisphora), namely, by classes or symmoriae, accord- 
ing to the law of Periander, passed, as Bockh shows, 
in the year 358, and which was the primary and ori- 
ginal enactment on the subject. With this view, 
1200 ovvTeXelc, or partners, 7 were appointed, who 
were probably the wealthiest individuals of the state, 
according to the census or valuation. These were 
divided into twenty av/ufiopiai, or classes ; out of 
which a number of persons (cu/iara) joined for the 
equipment, or, rather, the maintenance and man- 
agement of a ship, under the title of a cvvTeleia? or 
union. Sometimes, perhaps, by special enactment, 
when a great number of ships was required, a syn- 
teleia of this kind consisted of four or five wealthy 
individuals, who bore jointly the expenses of one 
trireme ; 9 but generally to every ship there was as 
signed a synteleia of fifteen persons of different de- 
grees of wealth, as we may suppose, so that four 
only were provided for by each symmoria of sixty 
persons. 

1. (Dem., c. Mid., 539, 554, 20. —De Coron., 260, 262.) — 2 
(Lys., c. Diogit., 907, 909.) — 3. (Dem., c. Mid., 566, 24.) — 4 
(De Dicaeog. hered., 54. — De Apoll., p. 67.) — 5. (Dem., c. Po 
lycl.)— 6. (Id., 1219.)— 7. (Dem., c Mid., 564.) —8. (Harpocr., 
s. v.) — 9. (Id., s. v. Y.vnnop'u ) 

U)) J 



TRIERARCHIA. 

These synteleiae of fifteen persons each seem to 
have been also called symmoriae by Hyperides. 1 It 
appears, however, that before Demosthenes carried 
a new law on this subject (B.C. 340), it had been 
customary for sixteen persons to unite in a synteleia 
or company for a ship, 9 who bore the burden in 
equal shares. This being the case, it follows either 
that the members of the symmorise had been by 
that time raised from 1200 to 1280, or that some 
alterations had taken place in their internal arrange- 
ments, of which no account has come down to us. 3 
From the phrase ek t&v ev rolg Xoxot? cvvteIeiuv, 
used in the Kardloyog* 1 it would also seem that the 
word Ioxol was used of civil as well as military di- 
visions, and, in this instance, of the symmoriae. 
The superintendence of the whole system was in 
the hands of the 300 wealthiest members, who were 
therefore called the " leaders of the symmoriae" 
(Tj-ye/ioveg rtiv cvfifiopi&v), on whom the burdens of 
the trierarchy chiefly fell, or, rather, ought to have 
fallen. 5 The services performed by individuals un- 
der this system appear to have been the same as 
before : the state still provided the ship's tackle (ii. 
e., the bdovia nal OTVirrua nal oxoivia, and other 
things), and some stringent enactments were made 
to compel the trierarchs to deliver it up according 
to the inventory taken of it (to Scdypa/nfia tuv ckev- 
&v), either at Athens or to their successors sent out 
by the symmoriae. This conclusion, that the vessel 
was equipped by the state, is confirmed by Demos- 
thenes, 6 and in the oration against Midias 7 he says, 
referring to the system of the symmoriae, that the 
state provided the crews and the furniture. The 
only duty, then, of the trierarchs under this system 
was to keep their vessels in the same repair and 
order as they received them. But even from this 
hey managed to escape : for the wealthiest mem- 
oers, who had to serve for their synteleia, let out 
their trierarchies for a talent, and received, that 
amount from their partners (ovvteTleic), so that, in 
reality, they paid next to nothing, or, at any rate, 
not what they ought to have done, considering that 
the trierarchy was a ground of exemption from oth- 
er liturgies. It does not appear from the orators 
how the different synteleiae appointed the trierarchs 
who were to take charge of their vessels ; but it 
was probably left to themselves, without being regu- 
lated by any legal enactment. The evils and irreg- 
ularities of the symmoriae are thus (rhetorically per- 
haps) described by Demosthenes : " I saw your 
navy going to ruin, and the rich escaping with little 
cost, and persons of moderate income losing their 
property, and the city losing the opportunities of ac- 
tion, and the triremes not being equipped in suffi- 
cient time to meet an emergency, and therefore I 
proposed a law," &c. The changes he meant to 
effect by it are related in his oration concerning the 
symmoriae (B.C. 354), and are as follows : he pro- 
posed to add 800 to the 1200 owteIeX^, making the 
whole 2000, so that, subtracting all those who could 
claim exemption as minors, orphans, &c, there 
might always remain 1200 persons (aufiara) to 
serve. These were to be divided into 20 symmoriae 
of 60 each, as under the old system : each of these 
was to be subdivided into five divisions of twelve 
persons each, one half rich and the other poor (dv- 
Tavairlripuv), so as to form altogether 100 smaller 
symmoriae. The number of triremes, according to 
this scheme, was to be 300, classed in 20 divisions 
of 15 ships : each of these divisions was to be as- 
signed to one of the 20 larger symmoriae, so that 



1. (Harpoer., s. v.— Compare Dem., De Symmor., 183.) — 2. 
(Dem., Pro Coron., 261.)— 3. (Bockh, Publ. Econ. of Athens, ii., 
p. 346.— Urkunden, &c, 181.)— 4. (De Coron., 261.)— 5. (Dem., 
Pro Cor., 329 ; c. Euerg. et Mnesib., 1145.) — 6 (De Symmor., 
JOT 17.)— 7. (1. c.) 
1012 



TRIERARCHIA. 

each of the smaller would receive three ; and in eas* 
of 300 ships being required, four trierarchs woulo 
be appointed to each. Moreover, each of the great 
er symmoriae was to receive the same amount of 
the public stores for equipment, in order that they 
might apportion it to the smaller classes. With a 
view to levying the crews, and for other purposes, 
the generals were to divide the dockyards into ten 
parts for 30 ships' stations (ve6ooikoc) adjacent to 
each, other, and to assign each of these parts to a 
tribe, or two large symmoriae of 30 ships. These 
ten parts were to be subdivided into thirds, each of 
which was to be assigned to a third part (rpiTTvc) 
of the tribe to whom the whole was allotted, so that 
each third would receive ten ships. Whether this 
scheme was put into practice does not appear, but 
it seems that it was not, for the mismanagement of 
the trierarchy appears to have continued till De- 
mosthenes carried his law about the " Trierarchy 
according to the Valuation." One of the chief evils 
connected with it was, that the triremes were never 
equipped in time ; and as Demosthenes 1 complains 
of this in B.C. 352, we may conclude that his pro- 
posal fell to the ground. But these evils were too 
serious to remain without a remedy ; and therefore, 
when the orator was the ETnaTarTjg rov vclvtikov, or 
the superintendent of the Athenian navy, he brought 
forward and carried a law for altering and impro- 
ving the system of the symmoriae and companies, 
the members of which no longer called themselves 
trierarchs, but partners (gvvteIelc), 2 thereby intro- 
ducing the "fourth form of the trierarchy." The 
naval services required from every citizen were to 
depend upon and be proportional to his property, 
or, rather, to his taxable capital (rip.rnia : vid. Eis- 
phoba), as registered for the symmoriae of the prop- 
erty taxes, the rate being one trireme for every ten 
talents of taxable capital, up to three triremes and 
one auxiliary vessel (vrcrjpEaiov) for the largest prop- 
erties ; i. e., no person, however rich, could be re- 
quired to furnish more. Those who had not ten 
talents in taxable capital were to club together in 
synteleiae till they had made up that amount ; and 
if the valuation of the year of Nausinicus (B.C. 379) 
was still in force, the taxable capital (for the high- 
est class) was one fifth of the whole. By this law 
great changes were effected. All persons paying 
taxes were rated in proportion to their property, so 
that the poor were benefited by it, and the state 
likewise : for, as Demosthenes 3 says, those who had 
formerly contributed one sixteenth to the trierarchy 
of one ship were now trierarchs of two, in which 
case they must either have served by proxy, or 
done duty in successive years. He adds that the 
consequences were highly beneficial. During the 
whole war, carried on after the law was in force, 
no trierarch implored the aid of the people (Ikett]- 
piav e6t]ke), or took refuge in a temple, or was put 
into prison by the persons whose duty it was to de- 
spatch the fleet (ol dnoaroXEig), nor was any trireme 
lost at sea, or lying idle in the docks for want of 
stores and tackle, as under the old system, when, 
the service (to Ieitovpjeiv) fell on the poor. The 
duties and services to which the trierarchs were 
subject under the new law were probably the same 
as under the third form of the trierarchy, the sym 
moriae. 

On the relation which, in this system, the cost 
of a trierarchy bore to the property of a trierarch, 
Bockh makes the following remarks, which may be 
verified ?;y a reference to Eisphora : " If we reckon 
that, as formerly, it cost about a talent, the total 
expense of the trierarchs, for 100, 200, or 300 tri- 
remes, amounted to an equal number of talents, oi 
a sixtieth, a thirtieth, and a twentieth of the valua- 

1 'Phil., 50.) -2. (Id., De Coron., 260.)— 3. (De Coron.. 261.' 






TR1ERARCHIA. 



1 RIERARCH1A. 



tion of Attica i. e., tor the first class one third, 
two thirds, and one per cent, of their property : for 
the poorer a proportionally less amount : and of the 
annual incomes, taken as a tenth part of the prop- 
erty, 3^, 6| and ten per cent, for the most wealthy. 
But we may reckon that Athens at that time had 
not more than 100 or 200 triremes at sea, very sel- 
dom 300 ; so that this war-tax did not, for the rich- 
est class, amount, on an average, to more than one 
third, and two thirds per cent, of their property." 

This arrangement of Demosthenes was calculated 
for 300 triremes, for which number 300 persons 
serving in person would be necessary, so that the 
chief burden must have fallen upon the leaders of 
the former symmoriae. The year of passing this 
law Bockh fixes at B.C 340 or 339. How long it 
remained in force is uncertain. In the speech for 
the Crown (B.C. 330), where much is said on the 
subject of the trierarchy, it is neither mentioned 
t'liat the law was in existence, nor that it was re- 
pealed ; but Demosthenes 1 says that ^Eschines had 
been bribed by the leaders of the symmoriae to nul- 
lify it. 

It appears, then, that the trierarchy, though the 
most expensive of the liturgies, was not of necessi- 
ty oppressive, if fairly and economically managed, 
though this, as has been before observed, was not 
always the case. 2 

With respect to the amount of property which 
rendered a man liable to serve a trierarchy or syn- 
trierarchy, Bockh 3 observes, " I am aware of no 
instance of liability arising from a property of less 
value than 500 minae : and as an estate of one or 
two talents never obliged the possessor to the per- 
formance of any liturgy, 4 the assertion of Isaeus,* 
that many had served the office of trierarch whose 
property was not more than 80 minae, obliges us (if 
true) to suppose that public-spirited individuals were 
sometimes found to contribute to a trierarchy (rath- 
er, perhaps, to a syntrierarchy) out of a very small 
property." 

The disadvantages which in later times resulted 
trom the trierarchs not being ready for sea by the 
time for sailing, were in early times prevented by 
their appointments being made beforehand, as was 
the case with the trierarchs appointed to the 100 
ships which were reserved at the beginning of the 
Peloponnesian war against an attack upon Athens 
by sea. 

The appointment to serve under the first and sec- 
ond forms of the trierarchy was made by the strat- 
egi ; 6 and in case any person was appointed to 
serve a trierarchy, and thought any one else (not 
called upon) was better able to bear it than himself, 
he offered the latter an exchange of his property 
(vid. Antidosis), subject to ,he burden of the trier- 
archy. 

In cases of extreme hardship, persons became 
suppliants to the people, or fled to the altar of Ar- 
temis at Munychia. If not ready in time, they 
were sometimes liable to imprisonment (evoxot 6ea- 
(iy 1 ). Thus, on one occasion, 8 the trierarchs were, 
by a special decree, subjected to imprisonment if 
they were not off the pier (xufJ-a) by the end of the 
month ; on the contrary, whoever got his ship ready 
first was to be rewarded with the " crown of the 
trierarchy," so that, in this way, considerable em- 
ulation and competition were produced. Moreover, 
the trierarchs were vizevdwoi, or liable to be called 
to account for their expenditure, though they ap- 
plied their own property to the service of the state. 9 



1. (p. 329.)— 2. (Demosth., c. Polycl.)— 3. (ii., 367.)— 4. (De- 
mosth., c. Aphob., p. 833.)— 5. (Ue Dicaeo?. hered., p. 54.) — 6. 
(Demosth., c. Lacr., p. 940, 16.)— 7. (1 I., De Coron., 262. 15.)— 
6. (Id., De Coron. Trier., 1229, 6.)— 9. (Id., c. Polycl., 1222, 11. 
— vE»chm.,c. Clssiph., 56.) 



But they also received money out of the treasury 
for various disbursements, as the pay of the soldiers 
and sailors, and the extra hands (vKTjpeoia) : thus, 
on one occasion, each trierarch is stated to have 
received 30 minae, eic; k'nin'Xovv. 1 The trierarchs 
may also have been considered vntidwoi, from be 
ing required to show that they had performed their 
duties properly. The sacred triremes, the Paralus 
and Salamis, had special treasures (vid. Tamiai, p. 
950) appointed to them, 2 and, on the authority of 
Ulpian, 3 it has been believed that the state acted as 
trierarch for each of them ; but in the inscriptions 
quoted by Bockh, 4 no difference is made between 
the trierarchs of the Paralus and other vessels, and 
therefore it would seem that the state appointed tri- 
erarchs for them as well as for other vessels, and 
provided out of the public funds for those expenses 
only which were peculiar to them. 

IV. On the exemption from the trierarchy. — By 
an ancient law, in force B.C. 355, 5 no person (but 
minors and females) could claim exemption from 
the trierarchy who were of sufficient wealth to 
perform it, not even the descendants of Harmodius 
and Aristogiton. But from Isaeus 6 it appears that, 
in the time of the single trierarchy, no person could 
be compelled to. serve a second time within two 
years after a former service (6vo errj dialiiruv). 
The nine archons also were exempt, and the trier- 
archy was a ground of exemption from tLe other 
liturgies, any of which, indeed, gave an exemption 
from all the rest during the year next following that 
of its service. 7 

But all property was not subject to the service, as 
we learn from Demosthenes, 8 who tells us that a 
person was exempt if ddvvarog, or unable to serve 
from poverty * so also were " wards, heiresses, or 
phans, cleruchi, and corporate bodies." Of course, 
an heiress could only claim exemption while un- 
married. Wards, also, were free from all liturgies 
during their minority, and for a year after their 
SoKifiaaia. 9 By KTirjpovxoi are meant colonists, who, 
while absent by the command of the state, could 
not perform a trierarchy. The to. kolvcjvlku. admits 
of doubt, but it probably means the property of joint 
tenants, as brothers or co-heirs, which had not yet 
been apportioned to them, 10 or it may refer to mon- 
eys invested in partnership. Moreover, though the 
proper duration of a trierarchy was a year, it was 
legally dissolved if the general furnished no pay to 
the soldiers, or if the ship put into the Piraeus, it 
being then impossible to keep the sailors together. 11 

V. On the legal proceedings connected with the tri- 
erarchy. — These were either between individual 
trierarchs, or between trierarchs and the state, and 
therefore in the form of a Diadicasia. They gen- 
erally arose in consequence of a trierarch not de- 
livering up his ship and her rigging in proper order, 
either to his successor or to the state. If he alleged 
that the loss or damage of either happened from a 
storm, he was said <jK7]tpdadac Kara x^-W^va utzoXu- 
tevai, and if his plea were substantiated, Uot-ev kv 
t€) diKaar-npiu k. t. A. Vessels or furniture on 
which a trial of this kind had been held, were said to 
be diadedtKaopiva. 

The presidency of the courts which tried matters 
of this sort was vested in the strategi, and so.ne- 
times in the superintendents of the dockyard, in 
conjunction with the d-rroaToXelc. The senate also 
appears to have had a judicial power in these mat- 
ters : e. g., we meet in various inscriptions with 
the phrase ol6e tuv rpiTjpupxuv, <jv ediirluoev ij j3ov- 

1. (Dem., De Coron. Trier., 1231, 14.) — 2. (Pollux, Onom., 
viii., 116.) — 3. (ad Dem., c. Mid., 686.)— 4. (Urkunden, &c, 
169.) — 5. (Dem., c. Lept.) — 6. (De Apoll. hered., 67.) — 7 
(Dem., c. Lept., 459 and 464.) — 8. (De Symm., 182, 14.) — 9 
(Lysias, c. Diogit., 908.)— 10. (Pollux, Onom., viii.. 184.)— II 
(Dem., c. Polycl., 1209.) 

1013 



TRIOBO-LON. 

Kv rrjv rpirjpi]. Bockh conjectures that the trier- 
*rchs of whom this is said had returned their ships 
;n such a condition that the state might have called 
upon them to put them in thorough repair or to re- 
build them, at a cost for an ordinary trireme of 
5000 drachmae. Supposing that they were not re- 
leased from this liability by any decree of a court 
of justice, and that the rebuilding was not completed, 
he conceives that it must have been competent (in 
a clear and flagrant case) for the senate to have in- 
flicted upon them the penalty of twice 5000 drach- 
mae, the technical phrase for which was " doubling 
the trireme." 1 

The phrase u/noloyrjaev Tpiijprj Kaivrjv airoduaeiv, 
which occurs in inscriptions, does not apply to an 
undertaking for giving a new trireme, but merely 
ibr putting one in a complete state of repair. 

The phrase <j>aiveiv tt2olov, 3 to lay an information 
against a vessel, is used, not of a public ship, but of 
a private vessel, engaged, perhaps, in smuggling or 
privateering. 

TRIEROPOIOI (TpirjpoTroioi). (Vid. Ships, p. 
891.) 

*TRIGLA (rplyXa), a fish, the red Surmullet, or 
Mullus barbatus, L. It is from six to nine inches 
long, and was a great favourite with the ancient 
epicures. 3 

TRIGON. (Vid. Pila.) 

TRILIX. (Fid. Tela, p. 956.) 

TRINU'NDINUM. {Vid. Nundin^e, p. 66S.) 

TRIO'BOLON (rpitofoXov), or rptdtokov 7f?uaari- 
kov, was the fee of three oboli which the Athenian 
citizens received for their attendance as dicasts in 
the courts of the heliaea, whence it is also called 
uiadog SiKaariKog, or to ducaoriKov. This pay had 
been first introduced by Pericles.* It is generally 
upposed from Aristophanes, 6 who makes Strepsia- 
des say that for the first obolus he ever received as 
a dicast he bought a toy for his son, that at first 
the diKaartKov was only one obolus. According to 
the scholiast on Aristophanes, 6 the pay was subse- 
quently increased to two oboli, but this seems to be 
merely an erroneous inference from the passage of 
his author. Three oboli, or the Tpiu$o'Aov, occurs 
as early as B.C. 425 in the comedies of Aristopha- 
nes, and is afterward mentioned frequently. 7 Bockh 8 
has inferred from these passages that the triobolon 
was introduced by Cleon about B.C. 421 ; but G. 
Hermann 9 has disputed this opinion, at least so far 
as it is founded upon Aristophanes, and thinks that 
the pay of three oboli for the dicasts existed before 
that time. However this may be, thus much is 
certain, that the pay of the dicasts was not the 
same at all times, although it is improbable that it 
should ever have been two oboli. 10 The payment 
was made after every assembly of a court of helias- 
tae by the colacretae 11 in the following manner. Af- 
ter a citizen had been appointed by lot to act as 
judge in a particular court, he received, on entering 
the court, together with the staff (f3aKTijpia or pu6- 
6og), a tablet or ticket (cvfifto'kov). After the busi- 
ness of the court was over, the dicast, on going out, 
delivered his ticket to the prytanes, and received 
his fee in return. 12 Those who had come too late 
had no claim to the triobolon. 13 The annual amount 
of these fees is reckoned by Aristophanes 14 at 150 

1. (Urkunden, &c, 228.)— 2. (Dem., c. Lacr., 941.)— 3. (Aris- 
tot., II. A., ii., 17, &c. — JElian, ii., 41, &c. — Adams, Append., 
s. v.)— 4. (Aristot., Polit., ii., 9, p. 67, ed. Gottling.— Plut., Per- 
icl., 9.— Plat., Gorg., p. 515.)— 5. (Nub., 840.)— 6. (Ran., 140.) 
— 7. (Aristoph., Equit., 51, 255.— Vesp., 584, 654, 660. — Ran., 
1540, <fcc.) — 8. (Staatsh., i., p. 252.)— 9. (Praef. ad Aristoph., 
Nub., p. 1, &c, 2d edit.) — 10. (Aristot. ap. Schol. ad Aristoph., 
Vesp., 682. — Hesych., s. v. Aikciotikov. — Suidas, s. v. 'Hhiao- 
rat.) — 11. (Lucian, Bis accusat., 12, 15.) — 12. (Schol. ad Aris- 
toph., Plut., 277. — Suidas, s. v. BaKTrjpia. — Etymol. Mag., s. v. 
Sti/iSoXoi/. --Pollux, Onom., viii., 16.) — 13. (Aristoph., Vesp., 
*>'].)— 14. (Vesp., 560, &c , with the schol.,) 
1014 



TRIPOS. 

talents, a sum which is very high, andean, perhaps 
only be applied to the most flourishing times of 

TRIPLICA'TIO. (Vid. Actio, p. 19.) 
*TRIPOI/ION (rpmoXcov), a plant. " Serapion 
and Avicenna call it Turbith, which, however, i& 
said by Actuarius to be the root of the Alypias. 
Sprengel says the Arabians and their commentators 
committed a great mistake in confounding the Tur- 
bith with the Tripolium. He is disposed to think it 
the Plumbago Europcea, or Leadwort. Sibthorp, 
however, holds it to be the Statice sinuata; and, in 
short, there is a great diversity of opinion respect- 
ing it.". 8 

TRIPOS (TpiTrove), a Tripod, i. e., any utensil 01 
article of furniture supported upon three feet, more 
especially 

I. A three-legged table (vid. Mensa, page 633.) 
The first woodcut at p. 276 shows such a table in 
use. Its three supports are richly and tastefully 
ornamented. Various single legs (trapezophora 3 ), 
wrought in the same style out of white marble, red 
porphyry, or other valuable materials, and consisting 
of a lion's head or some similar object at the top, 
and a foot of the same animal at the bottom, united 
by intervening foliage, are preserved in the British 
Museum,* and in other collections of antiquities. 
The tripod used at entertainments to hold the Cra- 
ter (p. 319) had short feet, so that it was not much 
elevated. These tables were probably sometimes 
made to move upon castors. 5 

II. A pot or caldron used for boiling meat, and 
either raised upon a three-legged stand of bronze, 
as is represented in the woodcut, p. 678, or made 
with its three feet in the same piece. Such a uten- 
sil was of great value, and was sometimes offered 
as a prize in the public games. 6 

III. A bronze altar, not differing, probably, in its 
original form, from the tall tripod caldron already 
described. In this form, but with additional orna- 
ment, we see it in the annexed woodcut, which 
represents a tripod found at Frejus. 7 That this 
was intended to be used in sacrifice may be inferred 
from the bull's head, with a fillet tied round the 
horns, which we see at the top of each leg. 








J 



M 



All the most ancient representations of the sacri 
ficial tripod exhibit it of the same general shape, 
together with three rings at the top to serve as 
handles (ovara*). Since it has this form on all the 
coins and other ancient remains which have any 
reference to the Delphic oracle, it has been with 
sufficient reason c»noruded that the tripod from 
which the Pythian priestess gave responses was of 



1. (Bockh, Staatsh., <fcc, i., p 250. — Meier, Att. Proc, p 
125, &c.)— 2. (Dioscor., iv., 13i — Theophr., H. P., ix., 19.- 
Adams, Append., s. v.) — 3. (Cic. dd Fam., vii., 23.)— 4. (Combe 
Ancient Marbles, i., 3 ; i., 13 ; iii., 38.) — 5. (Horn., II., xvin. 
375.)— 6. (xxiii., 264, 702, 703.)— 7. (Spon, Misc. Frud. Ant. 
p. 118.)— 8. (Horn., Il.,xviii., 378 ) 



TR1PU5> 



TR1UMPHUS. 



this kind. Ti e right-hand figuie in the preceding 
woodcut is copied from one published by K. O. 
Miiller, 1 founded upon numerous ancient authorities, 
and designed to show the appearance of the oracu- 
lar tripod at Delphi. Besides the parts already 
mentioned, viz., the three legs, the three handles, 
and the vessel or caldron, it shows a flat, round 
plate, called oXfiog, on which the Pythia seated her- 
self in order to give responses, and on which lay a 
laurel leaf at other times. This figure also shows 
the position of the Cortina, which, as well as the 
caldr3n, was made of very thin bronze, and was 
supposed to increase the prophetic sounds which 
came from underneath the earth. 2 

The celebrity of this tripod produced innumerable 
imitations of it, 3 called " Delphic tripods."* They 
were made to be used in sacrifice, and still more 
frequently to be presented to the treasury both in 
that place and in many other Greek temples. 5 (Vid. 
Donaria.) Tripods were chiefly dedicated to Apol- 
lo 6 and to Bacchus. Partly in allusion to the fable 
of the rape of a tripod from Apollo by Hercules, 
and the recovery of it by the former, 7 the tripod was 
one of his usual attributes, and therefore occurs 
continually on coins and ancient marbles which 
have a relation to him. Of this we have an ex- 
ample in the bas-relief engraved on p. 78, which 
also exhibits two more of his attributes, the lyre and 
the plectrum. In conformity with the same ideas, 
it was given as a prize to the conquerors at the 
Pythian and other games, which were celebrated in 
honour of Apollo. 8 On the other hand, the theatre 
at Athens being considered sacred to Bacchus, the 
successful Choragus received a bronze tripod as 
the appropriate prize. The choragic monuments 
of Thrasyllus and Lysicrates, the ornamental, frag- 
ments of which are now in the British Museum, 
were erected by them to preserve and display the 
fripods awarded to them on such occasions. We 
fir.d, also, that a tripod was sometimes consecrated 
'.o the Muses 9 and to Hercules. 10 

A tripod, scarcely less remarkable than that from 
which the Pythia delivered oracles, and consecrated 
to Apollo in the same temple at Delphi, was that made 
from the spoils of the Persian army after the battle 
of Plataeae. It consisted of a golden bowl, supported 
by a three-headed bronze serpent. 11 The golden 
bowl having been removed, the bronze serpent was 
taken to Constantinople, and is probably the one 
which was seen there by Spon and Wheler in 1675. 
The first figure in the following woodcut is copied 
from Wheler' s engraving of it. 13 He says it w r as 
about fourteen or fifteen feet high. 

The use of bronze tripods as altars evidently 
arose, in a great degree, from their suitableness to 
be removed from place to place. We have an ex- 
ample of this mode of employing them in the scene 
which is represented in the woodcut on p. 897. 
To accommodate them as much as possible to this 
purpose, they were sometimes made to fold together 
into a small compass by a contrivance, which may 
be understood from an inspection of the following 
woodcut. The right-hand figure represents a tripod 
in the British Museum. A patera or a plain metal- 
lic disk was laid on the top when there was oc- 
casion to offer incense. Many of these movable 
folding tripods may be seen in museums, proving 
how common they were among the Romans. 

Another species of tripods deserving of notice 

1. (Bottiger's Amalthea, i., p. 119.)— 2. (Virg., JEn., iii., 92.) 
— ?. (Diod. Sic, xvi., 26.)— 4. (Athen., v., p. 199.)— 5. (Athen., 
vi., p. 231,/.; 232, d.— Paus., iv., 32, 1) 1.)— 6. (Paus., iii., 18, I) 
5.)— 7. (Paus., iii., 21, t> 7.— Id., x.. 13, $ 4.)— 8. (Herod., i., 144.)— 
9. (Hes., Op. et Dies, 658.)— 10. (Paus., x., 7, t> 3.)— 11. (Herod., 
ix., 81.- Thucyd., i., 132. — Schol. in loc— Paus., x., 13, $ 5 — 
Gylliu*, Tup. Const., ii., 13.— Banduri, Imp. Orient., t. ii., p. 
614.)— 12. tjnumey into Greece, p. 185.) 




are those made of marble or hard stone. One was 
discovered in the villa of Hadrian, five feet high, 
and therefore unsuitable to be used in sacrifice. It 
is very much ornamented, and was probably in 
tended merely to be displayed as a work of art ' 

TRIPU'DIUM. ( Vid. Auspicium, p. 130.) 

TRIRE'MIS. (Vid. Ships.) 

TRITAGONISTES (TpnayoviGT^). (Vid. wj. 
trio, p. 505.) 

*TRIT'ICUM (Trupdf), Wheat. " Sprengel re- 
marks, that the Triticum hybernum and astivum are 
indicated by the wvpbg xei/j,o<jiropovf/.evo(; nal rpi/xyvog 
of Theophrastus, &c. It is the nvpog cltclvioq of 
Dioscorides. The finest kind of wheat was called 
Gikiyvir-qq by the Greeks, and siligo by the Romans ; 
the second sort in quality was called ae/nida'Aic by 
the Greeks, and similago by the Romans ; the third 
sort was called avyKop.LaTog and avroTrvptrrjg by the 
Greeks, and autopyrus by the Romans ; the last 
kind was called ntTvpiag." 2 

TRITTUA (rpiTTva). ( Vid. Sacrificium, p. 846.) 

TRITTUS (Tpirrxx;). (Vid. Tribus, Greek, p. 
1003.) 

TRIUMPHUS, a solemn procession, in which a 
victorious general entered the city in a chariot 
drawn by four horses. He was preceded by the 
captives and spoils taken in war, was followed by 
his troops, and after passing in state along the Via 
Sacra, ascended the Capitol to offer sacrifice in the 
Temple of Jupiter. 

Such displays have been so universal among all 
warlike tribes from the earliest times, and are so 
immediately connected with some of the strongest 
passions of the human heart, that it would be as 
useless as it is impossible to trace their origin his- 
torically. It is scarcely necessary to advert to the 
fancies of those ancient writers who refer their first 
institution to the mythic conquests of Bacchus in 
the East, 3 nor need we attach much importance to 
the connexion between triumphus and ■&piap,6og, ac- 
cording to the etymology doubtingly proposed by 
Varro.* Rejoicings after a victory, accompanied 
by processions of the soldiery with their plunder, 
must have been coeval with the existence of the 
Romans as a nation ; and, accordingly, the return 
of Romulus with spolia opima, after he had defeated 
the Caeninenses and slain Aero their king, is de- 
scribed by Dionysius 5 with all the attributes of a 
regular triumph. Plutarch 6 admits that this event 
was the origin of and first step towards the triumph 
of after-times, but censures Dionysius for the state- 

1. (Caylus, Recueil, t. ii., pi. !&.) — 2. (Adams, Append., s. v.; 
— 3. (Diod. Sic, iv., 5. — Plin., H. N., vii., 57.) —4. (De Ling 
Lat., vi , 68, ed. Miiller.)— 5. (ii. 31 —Compare Prop iv., 1, 32\ 
—6. (Rom., 16.) 

1015 



TR1UMPHUS. 



TRIUMPHUS. 



ment that Romulus made his entrance in a quadriga, 
which he considers disproved by the fact that all 
the triumphal (rpoiraio^dpovg) statues of that king, 
as seen in his day, represented him on foot. He 
adds, that Tarquinius Priscus, according to some, 
or Poplicola according to others, first triumphed in 
a chariot ; and in corroboration of this, we find that 
the first triumph recorded by Livy 1 is that over the 
Sabines by Tarquinius, who, according to Verrius, 2 
wore upon this occasion a robe of cloth or gold. 
Whatever conclusion we may form upon these 
points, it is certain that, from the first dawn of au- 
thentic history down to the extinction of liberty, a 
regular triumph (Justus triumphus) was recognised 
as the summit of military glory, and was the cher- 
ished object of ambition to every Roman general. 
A triumph might be granted for successful achieve- 
ments either by land or sea, but the latter were 
comparatively so rare that we shall for the present 
defer the consideration of the naval triumph. 

After any decisive battle had been won, or a 
province subdued by a series of successful opera- 
tions, the imperator forwarded to the senate a 
laurel- wreathed despatch (literce laureates?), contain- 
ing an account of his exploits. If the intelligence 
proved satisfactory, the senate decreed a public 
thanksgiving. ( Vid. Supplicatio.) This supplica- 
tion was so frequently the forerunner of a triumph, 
that Cato thinks it necessary to remind Cicero that 
it was not invariably so. 4 After the war was con- 
cluded, the general, with his army, repaired to Rome, 
or ordered his army to meet him there on a given 
day, but did not enter the city. A meeting of the 
senate was held without the walls, usually in the 
Temple of Bellona 5 or Apollo, 6 that he might have 
an opportunity of urging his pretensions in person, 
and these were then scrutinized and discussed with 
the most jealous care. The following rules and re- 
strictions were, for the most part, rigidly enforced, 
although the senate assumed the discretionary pow- 
er of relaxing them in special cases. 

1. That no one could be permitted to triumph 
unless he had held the office of dictator, of consul, 
or of praetor. 7 Hence a triumph was not allowed 
to P. Scipio after he had expelled the Carthaginians 
from Spain, because he had commanded in that 
province " sine ullo magistratu."* The honours 
granted to Pompey, who triumphed in his 24th year 
(B.C. 81), before he had held any of the great offices 
of state, and again ten years afterward, while still 
a simple eques, were altogether unprecedented. 9 

2. That the magistrate should have been actually 
in office both when the victory was gained and when 
the triumph was to be celebrated. This regulation 
was insisted upon only during the earlier ages of 
the commonwealth. Its violation commenced with 
Q. Publilius Philo, the first person to whom the sen- 
ate ever granted a "prorogatio imperii" after, the 
termination of a magistracy, 10 and thenceforward 
proconsuls and propraetors were permitted to tri- 
umph without question, 11 although for a considera- 
ble time the event was of rare occurrence. It was 
long held, however, that it was necessary for the 
"prorogatio imperii" to follow immediately upon 
the termination of the magistracy, for a triumph 
was refused to L. Lentulus, who succeeded P. Scipio 
m Spain, on the ground that, although he had been 
formerly praetor, his imperium had not been con- 
tinued uninterruptedly from the period when the 



1. (i., 38. — Compare Flor., i., 5.— Eutrop., i., 6.)— 2. (Plin., 
H. N., xxxiii., 19.)— 3. (Zonar., vii., 21. — Liv., xlvi., 1— Plin., 
H. N.,xv,40.) — 4. (Cic. adFam., xv., 5.)— 5. (Liv., xxvi., 21. 
— Id., xxxvi., 39.)— 6. (Liv., xxxix., 4.) — 7. (Liv., xxviii., 38 ; 
xxxi., 20.) — 8. (Val. Max., ii., 8, t) 5. — Liv., 1.0.) — 9. (Liv., 
Epit., 89.— Cic, Pro Leg-. Man.. 21.— Veil. Paterc, h., 30 —Val. 
Max., viii., 15, <> 8. — Plut., Pomp., 12, 22.— Dion Cass., xxxvi , 
P)— 10. (Liv., viii., 26.)— 11. (L ; - xxvx., 45— Id., xl., 25, 31.) 
10J« 



command expired, but had been renewed •• exit a 
ordinerrC after a lapse of some years. 1 But towards 
the close of the Republic this principle was entirely 
abandoned. Consuls and praetors seldom quitted 
the city until their term of office had ceased , and 
when, at any subsequent period, they entered upor? 
the government of a province, either in regular rota- 
tion or "extra ordincm" they enjoyed the full 
status, and all the privileges of proconsuls and pro- 
praetors. The position of Pompey when sent against 
the pirates, and afterward against Mithradates, and 
of Cicero when he went to Cilicia, will be sufficient 
to illustrate this, without multiplying examples. 

3. That the war should have been prosecuted or 
the battle fought under the auspices, and in the 
province, and with the troops, of the general seeking 
the triumph; 3 and hence the triumph of the praetos 
Furius 3 was considered irregular and imperfect 
Thus, if a victory was gained by the legatus of a 
general who was absent from the army, the honour 
of it did not belong to the former, but to the latter, 
inasmuch as he had the auspices. 

4. That at least 5000 of the enemy should have 
been slain in a single battle ; 4 that the advantage 
should have been positive, and not merely a com- 
pensation for some previous disaster; 5 and that the 
loss on the part of the Romans should have been 
small compared with that of their adversaries. 6 By 
a law of the tribunes L. Marius and M. Cato, penal- 
ties were imposed upon all imperatores who should 
be found guilty of having made false returns to the 
senate, and it was ordained that, so soon as they 
returned to the city, they should be required to at- 
test the correctness of such documents upon oath 
before the city quaestor. 7 It is clear that these 
provisions could never have existed during the pet- 
ty contests with which Rome was fully occupied 
for some centuries ; and even when wars were 
waged upon the most extensive scale, we find many 
instances of triumphs granted for general results, 
without reference to the numbers slain in any one 
engagement. 8 

5. That the war should have been a legitimate 
contest against public foes (justis hostilibusque bel- 
lis 9 ), and not a civil contest. Hence Catulus cele- 
brated no triumph over Lepidus, nor Antonius over 
Catiline, nor Cinna and Marius over their antago- 
nists of the Sullan party, nor Caesar after Pharsalia ; 
and when he did subsequently triumph after his 
victory over the sons of Pompey, it caused univer- 
sal disgust. Hence the line in Lucan : 10 

" Bella geri placuit nullos habitura triumpkos " u 

(Vid. Ovatio.) 

G. That the dominion of the state should have 
been extended, and not merely something previously 
lost regained. Hence Fulvius, who won back Ca- 
pua after its revolt to Hannibal, did not receive 
a triumph. 12 The absolute acquisition of territory 
does not appear to have been essential. 13 

7. That the war should have been brought to a 
conclusion, and the province reduced to a state of 
peace, so as to permit of the army being withdrawn, 
the presence of the victorious soldiers being con- 
sidered indispensable in a triumph. In consequence 
of this condition not being fulfilled, an ovation only 
was granted to Marcellus after the capture of Syra 
cuse, 1 * and to L. Manlius upon his return from 
Spain. 15 We find an exception in Liv., xxxi., 48, 

1. (Liv., xxxi., 20.)— 2. (Liv., xxxi, 48. — Id., xxxiv.. If.— 
Val. Max., ii., 8, $ 2.)— 3. (Liv., xxxi., 49.) — 4. (Val. Max., ii., 
8, U0— 5. (Oros.,v.,4.)— 6. (Liv., xxxiii., 22.)— 7. (Val. Max., 
1. c.)— 8. (Liv., vii., 26.— Id.,xl., 38.) — 9. (Cic, Pro Deiot., 5.) 
— 10. (i., 12.)— 11. {Vid. Val. Max., ii., 8, § 7. — Dion Cass., 
xliii., 42.— Plut., Caes., 56.) — 12. (Val. Max., 1. c — Compart 
Liv., xxxi., 5 ; xxxvi., 1.)— 13. (Duker ad Liv., xxxi., 5.)— 14. 
(Liv., xxvi., 21. — Compare xxviii., 29 ; xxx., 48.) -- »5. (Liv* 
xxxix . 20 ) 




TRIUMPHUS. 



49, rjut this and similar cases must be regarded as 
examples of peculiar favour. 1 

The senate claimed the exclusive right of delib- 
erating upon all these points, and giving or with- 
holding the honour sought, 2 and they, for the most 
part, exercised the privilege without question, except 
in times of great political excitement. The sover- 
f ignty of the people, however, in this matter, was 
asserted at a very early date, and a triumph is said 
to have been voted by the tribes to Valerius and 
Horatius, the consuls of B.C. 446, in direct oppo- 
sition to the resolution of the fathers, 3 and in a sim- 
ilar manner to C. Marcius Rutilus, the first plebeian 
dictator,* while L. Postumius Megellus, consul B.C. 
294, celebrated a triumph although resisted by the 
senate and seven out of the ten tribunes. 5 Nay, 
more, we read of a certain Appius Claudius, consul 
B.C. 143, who, having persisted in celebrating a 
triumph in defiance of both the senate and people, 
was accompanied by his daughter (or sister) Clau- 
dia, a vestal virgin, and by her interposition saved 
from being dragged from his chariot by a tribune. 6 
A disappointed general, however, seldom ventured 
to resort to such violent measures, but satisfied 
himself with going through the forms on the Alban 
Mount, a practice first introduced by C. Papirius 
Maso, and thus noticed in the Capitoline Fasti : C. 
Papirius Maso cos. de Corseis primus in monte 
Albano III. Nonas Mart. an. DXXII. 7 His exam- 
ple was followed by Marcellus, 8 by Q. Minucius, 9 
and by many others ; so that Livy, 10 after mention- 
ing that the senate had refused a triumph to Cice- 
reius (praetor B.C. 173), adds, u in monte Albano, 
quod jam in morcm venerat, triumphavit." 11 

If the senate gave their consent, they at the same 
time voted a sum of money towards defraying the 
necessary expenses, 12 and one of the tribunes " ex 
auctorilate senatus" applied for a plebiscitum to per- 
mit the imperator to retain his imperium on the day 
when he entered the city. 13 This last form could 
not bs dispensed with either in an ovation or a 
triumph, because the imperium conferred by the 
comitia curiata did not include the city itself; and 
when a general had once gone forth "paludatus" 
his military power ceased as soon as he re-entered 
the gates, unless the general law had been previous- 
ly suspended by a special enactment ; and in this 
manner the resolution of the senate was, as it were, 
ratified by the plebs. ( Vid. Imperium, Paludamen- 
tum.) For this reason, no one desiring a triumph 
ever entered the city until the question was deci- 
ded, since by so doing he would ipso facto have 
forfeited all claim. We have a remarkable example 
of this in the case of Cicero, who, after his return 
from Cilicia, lingered in the vicinity of Rome day 
after day, and dragged about his lictors from one 
place to another, without entering the city, in the 
vain hope of a triumph. 

Such were the preliminaries, and it only now re- 
mains to describe the order of the procession. This, 
in ancient days, was sufficiently simp].?. The lead- 
ers of the enemy and the other prisoners were led 
along in advance of the general's chariot ; the mili- 
tary standards were carried before the troops, who 
followed laden with plunder ; banquets were spread 
in front of every door, and the populace brought up 
the rear in a joyous band, filled with good cheer, 
chanting soi gs of victory, jeering and bantering as 
they went al ling with the pleasantries customary on 



1. (See also Taci:. ; Ann., i., 65, compared with ii., 41.)— 2. 
(Lit., iii., 63.— Polyb., vi., 12.)— 3. (Liv., iii., 62.— Dionys., xi., 
50.)— 4. (Liv., ii , 16.)— 5. (Liv., x., 37.)— 6. (Oios., v.,4.— Cic, 
Pro Coel., 14.— Val. Max., v., 4, $ 6.- Suet., Tib., 2.)— 7. (Plin., 
H. N., xv., 38.)— 8. (Liv., xxvi., 21 — Plut., Marc, 22.) — 9. 
(Liv., xxxiii., 23.)— 10. (xlii., 21.)— 11. (See also Liv., xlv.,38.) 
- -IS. (Polyb., vi., 13.)— 13. (Liv., xli , 35.— Id., xxvi., 21.) 

SN 



fRIUMPHUS. 

such occasions. 1 But in later times these pageants 
were marshalled with extraordinary pomp and 
splendour, and presented a most gorgeous spectacle. 
Minute details would necessarily be different ac 
cording to circumstances, but the general arrange- 
ments were as follow. When the day appointed 
had arrived, the whole population poured forth from 
their abodes in holyday attire ; some stationed them 
selves on the steps of the public buildings in the 
Forum and along the Via Sacra, while others mount- 
ed scaffoldings erected for the purpose of command- 
ing a view of the show. The temples were all 
thrown open, garlands of flowers decorated everj' 
shrine and image, and incense smoked on every 
altar. 3 Meanwhile the imperator called an assem- 
bly of his soldiers, delivered an oration commending 
their valour, and concluded by distributing rewards 
to the most distinguished, and a sum of money to 
each individual, the amount depending on the value 
of the spoils. He then ascended his triumphal car 
and advanced to the Porta Triumphalis (where this 
gate was is a question which we cannot here dis- 
cuss 3 ), where he was met by the whole body of the 
senate, headed by the magistrates. The procession 
then defiled in the following order : 

1. The senate, headed by the magistrates.* 2. 
A body of trumpeters. 3. A train of carriages and 
frames 5 laden with spoils, those articles which were 
especially remarkable either on account of their 
beauty or rarity being disposed in such a manner as 
to be seen distinctly by the crowd. 6 Boards were 
borne aloft on fercula, on which were painted, in 
large letters, the names of vanquished nations and 
countries. Here, too, models were exhibited, in 
ivory and wood, 7 of the cities and forts captured,® 
and pictures of the mountains, rivers, and other 
great natural features of the subjugated region, 
with appropriate inscriptions. Gold and silver in 
coin or bullion, arms, weapons, and horse-furniture 
of every description, statues, pictures, vases, and 
other works of art, precious stones, elaborately- 
wrought and richly-embroidered stuffs, and every 
object which could be regarded as valuable or cu- 
rious. 4. A body of flute-players. 5. The white 
bulls or oxen destined for sacrifice, with gilded 
horns, decorated with infulae and serta, attended by 
the slaughtering priests with their implements, and 
followed by the Camilli bearing in their hands pate 
rae and other holy vessels and instruments. 6. El- 
ephants, or any other strange animals, naiives of 
the conquered districts. 7. The arms and insignia 
of the leaders of the foe. 8. The leaders them- 
selves, and such of their kindred as had been taken 
prisoners, followed by the whole band of inferior 
captives in fetters. 9. The coronae and other trib- 
utes of respect and gratitude bestowed on the im- 
perator by allied kings and states. 10. The lictors 
of the imperator in single file, their fasces wreathed 
with laurel. 9 11. The imperator himself, in a circu 
lar chariot of a peculiar form, 10 drawn by four hor- 
ses, which were sometimes, though rarely, white. 11 
The circular form of the chariot is seen in the fol- 
lowing cut, copied from a marble formerly in the 
possession of the Duke d'Alcala at Seville, 12 and also 
in the next following cut, which represents the re- 
verse of one of the coins of the Antonines. He was 
attired in a gold-embroidered robe (toga picta) and 
flowered tunic (tunica palmata) ; he bore in his light 
hand a laurel bough, 13 and in his left a sceptre ; 14 his 

1. (Liv., iii., 20.) —2. (Plut., vEmil. Paul., 32. — Dion Cass, 
lxxiv., 1.)— 3. (Vid. Cic. in Pis., 23.— Suet., Octav., 101.— Jose 
phus, B. J., vii., 24.) — 4. (Dion Cass., Ii., 21. — Serv. ad Virjr., 
-(En., 543.) — 5. (Josephus, B. J,, vii., 24.) — 6. (Suet., Jul., 37.) 
—7. (Quintil., vi., 3.)— 8. (Plin., H. N., v., 5.)— 9. (Plin., II. N., 
v., 40.)— 10. (Zonar., vii., 21.)— 11. (Plut., Camill., 7.— Serv., 
1. c— Dion Cass., xliii., 14.) — 12. (Montfaucon, Ant. Expl., torn.' 
iv., pi. cv.)— 13. (Plut., Paull., 32.)— 14. (D onys.,v., 47.— Val 
Max.. iv. 4 & 5 ) 

1017 



TRIUMPHUS. 



TRIUMPHUS. 




brows were encircled with a wreath of Delphic 
laurel, 1 in addition to which, in ancient times, his 
body was painted bright red. 9 He was accompa- 
nied in his chariot by his children of tender years, 5 




and sometimes by very dear or highly-honoured 
friends,* while behind him stood a public slave hold- 
ing over his head a golden Etruscan crown orna- 
mented with jewels. 5 The presence of a slave in 
such a place, at such a time, seems to have been 
intended to avert " invidiam and the influence of the 
evil eye, and for the same purpose a fascinum, a 
little bell, and a scourge were attached to the vehi- 
cle. 6 Tertullian 7 tells us that the slave ever and 
anon whispered in the ear of the imperator the 
warning words " Respice post te, hominem memento 
le," and his statement is copied by Zonaras, 8 but is 
not confirmed by any earlier writer. Isidorus, 9 
misunderstanding Pliny, 10 imagines that the slave in 
question was a common executioner. 12. Behind 
the chariot, or on the horses which drew it, 11 rode 
the grown-up sons of the imperator, together with 
the legati, the tribuni, 1 * and the equites, all on horse- 
back. 13. The rear was brought up by the whole 
body of the infantry in marching order, their spears 
adorned with laurel, 13 some shouting Io Triumphe, 1 * 
and singing hymns to the gods, while others pro- 
claimed the praises of their leader, or indulged in 
keen sarcasms and coarse ribaldry at his expense, 
for the most perfect freedom of speech was granted 
and exercised. 15 

The arrangement of the procession, as given 
above, is taken, with some changes, from the trea- 
tise of Onuphrius Panvinius, De Triumpho, in the 9th 
volume of the Thesaurus of Graevius. The differ- 
ent particulars are all collected from the accounts 
transmitted to us of the most celebrated triumphs, 
such as that of Pompey in Appian, 16 of Paulus 
/Emilius in Plutarch 1 7 and in Livy, 18 of Vespasian 



1. (Plin., H. N., xv., 38, 39.)— 2. (Plir.., H. N., xxiii., 36.)— 
J. (Liv., xlv., 40. — Tacit., Ann., ii., 41.)— 4. (Dion Cass., li., 16. 
-Id., lxiii., 20.)— 5. (Plin., H. N , xxxiii., 4.— Id. ib., xxviii., 7. 
— Zonar., vii., 21.) — 6. (Plin., H. N., xxviii., 7. — Zonar., vii., 
21.) — 7. (Apol., 33.)— 8. (1. c.)— 9. (xviii., ii.)— 10. (xxviii., 7.) 
-11. (Zonar., 1. c.)— 12. (Cic. in Pis., 25.)— 13. (Plin., xv., 40.) 
—14. (Varro, De Ling. Lat., v., 7, ed. Miiller.— Hor., Carm., iv., 
t. 49.— Tibull., ii., 6, 121.)— 15. (Liv., iv., 53.— Id., v., 49.— Id., 
riv., 38.— Dionys., vii., 72.— Suet., Jul., 49, 51.— Mart., I., v., 
3 )-16. (Bell. Mith.. 116, 117.)— 17. (Paul]., 32.)— 18. (xlv., 40.) 
1018 



and Titus in Josephus, 1 and of Camillus in Zona* 
ras, 8 together with the remarks of Dionysius, 3 Ser- 
vius, 4 and Juvenal. 5 

Just as the pomp was ascending the Capitoline 
Hill, some of the hostile chiefs were led aside into 
the adjoining prison and put to death, a custom so 
barbarous that we could scarcely believe that it ex- 
isted in a civilized age were it not attested by the 
most unquestionable evidence.' Pompey, indeed, 
refrained from perpetrating this atrocity in his third 
triumph, 7 and Aurelian, on like occasion, spared 
Zenobia, but these are quoted as exceptions to the 
general rule. When it was announced that these 
murders had been completed, 8 the victims were 
then sacrificed, an offering from the spoils was pre- 
sented to Jupiter, the laurel wreath was deposited 
in the lap of the god, 9 the imperator was entertain- 
ed at a public feast along with his friends in the 
temple, and returned home in the evening preceded 
by torches and pipes, and escorted by a crowd of 
citizens. 10 Plutarch 11 and Valerius Maximus 12 say 
that it was the practice to invite the consuls to this 
banquet, and then to send a message requesting 
them not to come, in order, doubtless, that the im- 
perator might be the most distinguished person in 
the company. 

The whole of the proceedings, generally speak- 
ing, were brought to a close in one day ; but when 
the quantity of plunder was very great, and the 
troops very numerous, a longer period was required 
for the exhibition, and thus the triumph of Flaminius 
continued for three days in succession. 13 

But the glories of the imperator did not end with 
the show, nor even with his life. It was custom- 
ary (we know not if the practice was invariable) to 
provide him, at the public expense, with a site for 
a house, such mansions being styled triumphales 
domus. 1 * After death, his kindred were permitted 
to deposite his ashes within the walls (such, at least, 
is the explanation given to the words of Plutarch 15 ), 
and laurel-wreathed statues, standing erect in tri- 
umphal cars, displayed in the vestibulum of the 
family mansion, transmitted his fame to posterity. 

A Triumphus Navalis appears to have differed 
in no respect from an ordinary triumph, except that 
it must have been upon a smaller scale, and would 
be characterized by the exhibition of beaks of ships 
and other nautical trophies. The earliest upon 
record was granted to C. Duillius, who laid the 
foundation of the supremacy of Rome by sea in the 
first Punic war ; 16 and so elated was he by his suc- 
cess, that during the rest of his life, whenever he 
returned home at night from supper, he caused 
flutes to sound and torches to be borne before him. 1T 
A second naval triumph was celebrated by Lutatius 
Catulus for his victory off the Insula? Agates, B.C. 
241 ; 18 a third by Q. Fabius Labeo, B.C. 189, over 
the Cretans ; 19 and a fourth by C. Octavius over 
King Perseus, 20 without captives and without spoils. 

Triumphus Castrensis was a procession of the 
soldiers through the camp in honour of a tribunus, 
or some officer inferior to the general, who had per- 
formed a brilliant exploit. 21 

After the extinction of freedom, the emperor beir g 
considered as the commander-in-chief of all tlje 
armies of the state, every military achievement was 
understood to be performed under his auspices, and 

1. (B. J., vii., 5, Y 4, 5, 6.)— 2. (vii., 21.)— 3. (ii., 34 ; v., 47.) 
—4. (ad Virg., JEn., iv., 543.)— 5. (Sat., x., 38-45.)— 6. (Cic. in 
Verr., II., v., 30.— Liv., xxvi., 13. — Joseph., vii., 24.)— 7. (Ap- 
pian, Bell. Mithrid., 117.)— 8. (Joseph., 1. c.)— 9. (Senec, Con 
sol. ad Helv., 10. — Plin., II. N., xv., 40.— Plin., Paneg., S.- 
Stat., Sylv., iv., 1, 41.)— 10. (Flor., ii., 1.)— 11. (Q. R., 77.)- 
12. (ii.,8, $6.)— 13. (Liv.,xxxix.,52.— Plaut., ^Emil. Paull., 32.) 
—14. (Plin.,H. R, xxxvi., 24, v 6.)— 15. (Q. R.,78.)— 16. (Liv., 
Epit.,xvii.— Fast. Capit.)— 17. (Flor., ii, 1.— Cic, Cat.Maj., 13 ) 
—18. (Val. Max., ii., 8, 2.— Fast Capit.)— 19. (Liv., xxxvii.,60.) 
—20. (Liv., xlv., 42.)— 21. (Liv., vii., 36.) 



TRIUMVIRI. 



TRIUMVIRI. 



nence, according to the forms of even the ancient 
constitution, he alone had a legitimate claim to a 
triumph. This principle was soon fully recognised 
and acted upon ; for, although Antonius had granted 
triumphs to his legati, 1 and his example had been 
freely followed by Augustus 3 in the early part of his 
career, yet after the year B.C. 14 3 he entirely dis- 
continued the practice, and from that time forward 
triumphs were ra) ely, if ever, conceded to any ex- 
cept members of the imperial family. But to com- 
pensate in some degree for what was then taken 
away, the custom was introduced of bestowing what 
was termed Triumphalia Omamenta, that is, permis- 
sion to receive the titles bestowed upon, and to ap- 
pear in public with the robes worn by the impera- 
tores of the commonwealth when they triumphed, 
and to bequeath to their descendants triumphal 
statues. These triumphalia omamenta are said to 
have been first bestowed upon Agrippa* or upon 
Tiberius, 5 and ever after were a common mark of 
the favour of the prince. 6 

The last triumph ever celebrated was that of 
Belisarius, who entered Constantinople in a quad- 
riga, according to the fashion of the olden time, 
after the recovery of Africa from the Vandals. The 
total number of triumphs upon record down to this 
period, has been calculated as amounting to 350. 
Orosius 7 reckons 320 from Romulus to Vespasian, 
and Pitiscus 8 estimates the number from Vespa- 
sian to Belisarius at 30. 

TRIUMVIRI or TRESVIRI were either ordi- 
nary magistrates or officers, or else extraordinary 
commissioners, who were frequently appointed at 
Rome to execute any public office. The following 
is a list of the most important of both classes, ar- 
ranged in alphabetical order. 

Triumviri Agro Dividundo. ( Vid. Triumviri Co- 
lonic Deducend^e.) 

Triumviri Capitales were regular magistrates, 
first appointed about B.C. 292. 9 The institution 
of their office is said to have been proposed by L. 
Papirius, whom Festus 10 calls tribune of the plebs, 
but whom Niebuhr 11 supposes to be L. Papirius 
Cursor, who was praetor in B.C. 292. They were 
elected by the people, the comitia being held by the 
praetor. 12 They succeeded to many of the functions 
of the quaestores parricidii. 13 ( Vid. Quaestor, p. 
828.) It was their duty to inquire into all capital 
crimes, and to receive informations respecting 
such, 14 and, consequently, they apprehended and 
committed to prison all criminals whom they de- 
tected. 15 In conjunction with the aediles, they had 
to preserve the public peace, to prevent all unlaw- 
ful assemblies, &c. 16 They enforced the payment 
of fines due to the state. 17 They had the care of 
public prisons, and carried into effect the sentence 
of the law upon criminals. 18 In these points they 
resembled the magistracy of the Eleven at Athens. 
( Vid. Ei/sven, The.) They had the power of inflict- 
ing summary punishment upon slaves and persons 
of lower rank : their court appears to have been 
near the Maenian column. 19 Niebuhr, 20 who is fol- 
lowed by Arnold, 21 supposes that they might inflict 
summary punishment on all offenders against the 
public peace who might be taken in the fact ; but 

1. (Dion Cass., xlix., 42.)— 2. (Suet., Octav., 38.— Dion Cass., 
liv., 11, 12.)— 3. (Dion Cass., liv., 24.) — 4. (Dion Cass., 1. c.)— 
5. (Suet., Octav., 9.)— 6. (Tacit., Ann., i., 72.— Id. ib., ii., 52.— 
Id. ib., iii.,72, &c— Id., Hist., i., 79.— Id. ib., ii., 78, &c.) — 7. 
(vii., 9.) — 8. (Lex. Antiq., s. v. Triuniphus.)— 9. (Liv., Epit., 11. 
— Dig. 1, tit. 2, s. 2, $30.)— 10. (s. v. Sacramentum.)— 11. (Rom. 
Gesch., iii., p. 480.) — 12. (Festus, I.e.) — 13. (Varro, Ling. Lat., 
v., 81, ed. Muller.)— 14. (Varro, 1. c— Plaut., Asin., i.,2, 5.— Id., 
Aul., iii., 2, 2.— Cic, Pro Cluent., 13.)— 15. (Liv., xxxix., 17.— 
Val. Max., vi., 1, 10. — Cic, 1. c.) — 16. (Liv., xxv., 1 ; xxxix., 14.) 

-17. (Fest., 1. c.)— 18. (Liv., xxxii., 26.- Val. Max., v., 4, Y 7. 
• -Id., viii., 4, v 2. — Sail., Cat., 55. — Tacit., Ann., v., 9.)— 19. 
(Fest., 1. c. —Cell., iii., 3. — Plaut., Amphit., i., 1, 3.— Cic, Pro 
Cluer' 13.)— 20. (1. c.)— 21. (Hist, of Rome, ii.. p. 389.; 



the passage of Festus, which Niebuhr quotes, does 
not prove this, and it is improbable that they shoulo 
have had power given them of inflicting summary 
punishment upon a Roman citizen, especially since 
we have no instances recorded of their exercising 
such a power. 1 

Triumviri Colonic Deducend^e were persons 
appointed to superintend the formation of a colony. 
They are spoken of under Colonia, p. 280. Since 
they had, besides, to superintend the distribution of 
the land to the colonists, we find them also called 
Triumviri Colonia Deducendae, Agroque Dividundo, 1 
and sometimes simply Triumviri Agro Dando. 3 
Triumviri Epulones. (Vid. Epulones.) 
Triumviri Equitum Turmas Recognoscendi, or 
Legendis Equitum Decuriis, were magistrates first 
appointed by Augustus to revise the lists of the 
Equites, and to admit persons into the order. This 
was formerly part of the duties of the censors.* 
Triumviri Mensarii. (Vid. Mensarii.) 
Triumviri Monetales. (Vid. Moneta.) 
Triumviri Nocturni were magistrates elected 
annually, whose chief duty it was to prevent fires 
by night, and for this purpose they had to go round 
the city during the night (vigilias circumire). If 
they neglected their duty, they appear to have been 
accused before the people by the tribunes of the 
plebs. 5 The time at which this office was insti 
tuted is unknown, but it must have been previously 
to the year B.C. 304. 6 Augustus transferred their 
duties to the praefectus vigilum. 7 ( Vid. Pr^efec- 
tus Vigilum.) 

Triumviri Reficiendis ^Edibus, extraordinary 
officers elected in the comitia tributa in the time of 
the second Punic war, were appointed for the pur- 
pose of repairing and rebuilding certain temples. 8 

Triumviri Reipublic^e Constituent^. Niebuhr* 
supposes that magistrates under this title were ap- 
pointed as early as the time of the Licinian roga- 
tions, in order to restore peace to the state after 
the commotions consequent upon those rogations. 10 
Niebuhr also thinks that these were the magistrates 
intended by Varro, who mentions among the extra- 
ordinary magistrates that had the right of summon- 
ing the senate, triumvirs for the regulation of the 
Republic, along with the decemvirs and consulai 
tribunes. 11 We have not, however, any certain 
mention of officers or magistrates under this name 
till towards the close of the Republic, when the 
supreme power was shared between Caesar (Octa- 
vianus), Antony, and Lepidus, who administered the 
affairs of the state under the title of Triumviri Rci- 
publiccR Constituendcz. This office was conferred 
upon them in B.C. 43 for five years ; ia and on the 
expiration of the term in B.C. 38, was conferred 
upon them again in B.C. 37 for five years more. 13 
The coalition between Julius Caesar, Pompey, anc 
Crassus, in B.C. 60, 1 * is usually called the first tri- 
umvirate, and that between Octavianus, Antony, 
and Lepidus, the second ; but it must be borne in 
mind, that the former never bore the title of trium- 
viri, nor were invested with any office »utler that 
name, whereas the latter were recognised as regu- 
lar magistrates under the above-mentioned title. 

Triumviri Sacris Conquirenms Donisq' t e Per- 
signandis, extraordinary officers elected in the 
comitia tributa in the time of the second Punic 
war, seem to have had to take care that all property 

1. (Walter, Gesch. der Rom. Rechts, p. 165, 858. — Gottling, 
Gesch. der Rom. Staatsv., p. 378.) — 2. (Liv., viii., 16.) — S. (Liv., 
iii., 1.)— 4. (Suet., Octav., 37.— Tacit., Ann., iii., 30.)— 5. (Val. 
Max., viii., 1, v 5, 6.)— 6. (Liv., ix., 46.)— 7. (Dig. 1, tit. 15, s. 1.) 
—8. (Liv., xxv., 7.)— 9. (Rom. Gesch., iii., p. 50.)— 10. (Lydus. 
De Mag., i., 35.)— 11. (Gellius, xiv., 7.)— 12. (Liv., Epit., 120.- 
Appian, Bell. Civ., iv., 2, 12. — Dion Cass., xlvi.. 54, 56. — Veil 
Paterc, ii., 65. — Plut., Cic, 46.) — 13. ( Appian, Bell. Civ., v. 
95. — Dion Cass., xlviii., 54.)— 14. (Ve'l. Paterc, ii., 44.— Liv 
Epit., 103.) 

i019 



TROP.&UM. 



TROP^EIIM. 



given or consecrated to the gods was applied to 
that purpose. 1 

Triumviri Senatus Legendi were magistrates 
appointed by Augustus to admit persons into the 
senate. This was previously the duty of the cen- 
sors. 2 

♦TROCIPILUS (rpoxlloc), the Motacilla regulus, 
or Golden-crested Wren. It has been supposed the 
same with the rvpawoc of Aristotle. 

TROCHUS (rpoxog), a hoop. The Greek boys 
used to exercise themselves, like ours, with trundling 
a hoop. It was a bronze ring, and had sometimes 
bells attached to it. 3 It was impelled by means of 
a hook with a wooden handle, called clavis* and 
fkarrip. From the Greeks this custom passed to 
the Romans, who consequently adopted the Greek 
term. 5 The hoop was used at the Gymnasium ; 6 
and, therefore, on one of the gems in the Stosch 
collection at Berlin, which is engraved in the an- 
nexed woodcut, it is accompanied by the jar of oil 
and the laurel branch, the signs of effort and of vic- 
tory. On each side of this we have represented an- 
other gem from the same collection. Both of these 
exhibit naked youths trundling the hoop by means 
of the hook or key. These show the size of the 
hoop, which in the middle figure has also three 
small rings or bells on its circumference. 7 






In a totally different manner hoops were used in 
«he performances of tumblers and dancers. Xeno- 
phon describes a female dancer who receives twelve 
lioops in succession, throwing them into the air 
and catching them again, her motions being regu- 
lated by another female playing on the pipe. 8 

On the use of rpoxoq to denote the potter's wheel, 
and the wheel applied in torture, see Fictile and 

ToRMENTUM. 

*TROGLO'DYTES (rpoylodvTw), a variety of 
the urpovOog, or Passer. (Vid. Strouthus.) 

TROL93 LUDUS. {Vid. Circus, p. 256.) 

TROPiEUM (rpoiraiov, Att. rpo-rralov 9 ), a trophy, 
a sign and memorial of victory, which was erected 
on the field of battle where the enemy had turned 
(rpiircj, Tpbnri) to flight, and in case of a victory 
gained at sea, on the nearest land. The expression 
for raising or erecting a trophy is rpoiralov arrival, 
or crfjaaadaL, to which may be added and, or Kara 
tC)v TcoTie/iiov. 10 

When the battle was not decisive, or each party 
considered it had some claims to the victory, both 
erected trophies. 11 Trophies usually consisted of 
the arms, shields, helmets, &c, of the enemy that 
were defeated ; and from the descriptions of Virgil 
and other Roman poets, which have reference to 
the Greek rather than to the Roman custom, it ap- 
pears that the spoils and arms of the vanquished 
were placed on the trunk of a tree, which was fixed 
on an elevation. 12 It was consecrated to some di- 
vinity, with an inscription (eTriypafifia) recording the 
names of the victors and of the defeated party ; 13 

1. (Liv., xxv., 7.)— 2. (Suet., Octav., 37.)— 3. (Mart., xi., 22, 
2. — Id., xiv., 168, 169.)— 4. (Propert., iii., 12.)— 5. (Hor., Carm., 
lii., 24, 57.)— 6. (Propert., 1. c. — Ovid, Trist., ii., 485.)— 7. 
(Winckelmann, Descr. des Pierres Gravies, p. 452, 455.) — 8. 
(Sympos., ii., 7, 8.) —9. (Schol. ad Aristoph., Plat., 453.) — 10. 
(Wolf ad Dem. in Lept , p. 296.) —11. (Thucyd., i., 54, 105 ; ii., 
92.)— 12. (Virg., JEn., xi., 5.— Serv. ad loc. — Stat., Theb., iii., 
707.— Juv., x., 133.)— 13. (Eurip., Phoen., 583.— Schol. ad loc— 
Paus., v., 27, § 7. — Virsr., Mn., iii., 288. — Ovid, Ar. Am- ii., 
744.— Tacit., Arm. . ii., 22.) 
1020 



whence tiophies were regarded as inviolable, which 
even the enemy were not permitted to remove. 1 
Sometimes, however, a people destroyed a trophy, 
if they considered that the enemy had erected it 
without sufficient cause, as the Milesians did with 
a trophy of the Athenians. 2 That rankling and 
hostile feelings might not be perpetuated by the 
continuance of a trophy, it seems to have been ori- 
ginally part of Greek international law that trophies 
should be made only of wood, and not of stone or 
metal, and that they should not be repaired when de- 
cayed. 3 Hence we are told that the Lacedaemoni- 
ans accused the Thebans before the Amphictyonic 
council, because the latter had erected a metal 
trophy.* It was not, however, uncommon to erect 
such trophies. Plutarch 5 mentions one raised in 
the time of Alcibiades, and Pausanias 6 speaks of 
several which he saw in Greece. 7 

The trophies erected to commemorate naval vic- 
tories were usually ornamented with the beaks or 
acroteria of ships (vid. Acroterium, Rostra), and 
were generally consecrated to Poseidon or Neptune. 
Sometimes a whole ship was placed as a trophy.* 

The following woodcut, taken from a painting 
found at Pompeii, 9 contains a very good representa- 
tion of a tropaeum, which Victory is engaged in 
erecting. The conqueror stands on the other side 
of the trophy, with his brows encircled with laurel 




The Macedonian kings never erected trophies, for 
the reason given by Pausanias, 10 and hence the 
same writer observes that Alexander raised no 
trophies after his victories over Darius and in India. 
The Romans, too, in early times, never erected any 
trophies on the field of battle, 11 but carried home the 
spoils taken in battle, with which they decorated 
the public buildings, and also the private houses of 
individuals. {Vid. Spolia.) Subsequently, how- 
ever, the Romans adopted the Greek practice of 
raising trophies on the field of battle : the first 
trophies of this kind were erected by Domitius Ahe- 
nobarbus and Fabius Maximus, B.C. 121, after theft 
conquest of the Allobroges, when they built at the 
junction of the Rhone and the Isara towers of white 
stone, upon which trophies were placed adorned 
with the spoils of the enemy." Pompey also raised 



1. (DionCass., xlii., 48.)— 2. (Thucyd., viii., 24.)— 3. (Plut., 
Qusest. Rom., 37, p. 273, c. — Diodor., xiii., 24.) — 4. (Cic, Da 
Invent., ii., 23.)— 5. (Alcib., 29, p. 207, d.)— 6 (ii., 21, 4 9 ; iii., 
14, () 7 ; v., 27, t> 7.) - -7. (Wachsmuth, Hell. Alt., II., i., p. 424. 
— Schumann, Ant. Ji r. Pub. Gr., p. 370 .)— 8. (Thucyd., ii., 84, 
92.)— 9. (Mus. Borbon., vii., t.7.)— 10. (ix., 40, t) 4.)— 11. (Flo- 
rus, iii., 2.)—12. (Id., 1. c— Strab., »v., ,3 \85.J 



TRUTINA. 



TUBA 



trophies on the Pyrenees after his victories in 
Spain i 1 Julius Caesar did the s?.ne near Ziela, after 
his victory over Pharnaces, 2 and Drusus near the 
Elbe, to commemorate his victory over the Ger- 
mans. 3 Still, however, it was more common to 
erect some memorial of the victory at R,ome than 
on tie field of battle. The trophies raised by Ma- 
rius to commemorate his victories over Jugurtha 
and the Cimbri and Teutoni, which were cast down 
by Sulla and restored by Julius Caesar, must have 
been in the city.* In the later times of the Repub- 
lic and under the Empire, the erection of triurriphal 
arches was the most common way of commemora- 
ting a victory, many of which remain to the present 
day. (Vid. Arcus.) 
TROSSULI. (Vid. Equites, p. 415.) 
TRUA, dim. TRULLA (ropvvn), derived from 
Tpvcj, Topu, &c, to perforate ; a large and flat spoon 
or ladle pierced with holes ; a trowel. The an- 
nexed woodcut represents such a ladle, adapted to 
stir vegetables or other matters in the pot, 5 to act 
as a strainer when they were taken out of the wa- 
ter, or to dispel the froth from its surface. 6 The 
ladle here drawn was found in the kitchen of " the 
house of Pansa" at Pompeii. 




The trulla vinaria 7 seems to have been a species 
of colander (vid. Colum), used as a wine-strainer. 8 
Though generally applied to these domestic and cu- 
linary purposes, 9 the trulla was found to be con- 
venient for putting bees into a hive. 10 It was also 
commonly used to plaster walls, 11 and thus gave 
rise to the verb trullissare. (Vid. Paries, p. 736.) 

Mr. Fellows 12 explains the Eastern method of 
using a kind of colander in washing the hands. It 
is placed as a cover upon the jar (vid. Olla), which 
receives the dirty water. This may therefore be 
the trulleum, which the ancients used, together with 
the basin and ewer, to wash their hands. 13 

TRU'TINA (rpvTdvrj), a general term including 
both Libra, a balance, and statera, a steelyard. 1 * 
Payments were originally made by weighing, not 
by counting. Hence a balance (trutina) was pre- 
served in the Temple of Saturn at Rome. 15 The 
balance was much more ancient than the steelyard, 
which, according to Isidore of Seville, 16 was invent- 
ed in Campania, and therefore called, by way of 
distinction, Trutina Campana. Consistently with 
this remark, steelyards have been found in great 
numbers among the ruins of Herculaneum and Pom- 
peii. The construction of some of them is more 
elaborate and complicated than that of modern 
steelyards, and they are in some cases much orna- 
mented. The annexed woodcut represents a re- 
markably beautiful statera which is preserved in 
the Museum of the Capitol at Rome. Its support is 
the trunk of a tree, round which a serpent is en- 
twined. The equipoise is a head of Minerva. Three 
other weights lie on the base of the stand, designed 
;o be hung upon the hook when occasion required. 17 

Jitruvius 18 explains the principle of the steelyard, 
mentions the following constituent parts of it : 
t : *e scale (lancula), depending from the head (caput), 
r^ar which is the point of revolution (centrum) and 

1 (Strab., iii., p. 156.— Plin., H. N., iii., 3.— Dion Cass., xli., 
24.— Sail. ap. Serv. in Virg., JEn., xi., 6.)— 2. (Dion Cass., xlii., 
48.)— 3. (Id., li., 1.— Florus, iv., 12.)— 4. (Suet., Jul., 11.)— 5. 
(Schol. in Aristoph., Av., 78.) — 6. (Non. Marcel!., p. 19, ed. 
Merceri.)— 7. (Varro, L. L., v., 118, ed. Miiller.) — 8. (Cic, 
Verr., II., iv, 27.— Hor., Sat., ii., 3, 144.)— 9. (Eupolis, p. 174, 
ed. Runkel.) — 10. (Col., De Re Rust., ix., 12.) — 11. (Pallad., 
De Re Rust., i., 13. 15.)— 12. (Exc. in Asia Minor, p. 153.)— 13. 
(Non. Marcell., p. 547, ed. Merceri.) — 14. (Id., p. 180.) — 15. 
(Varro, L. L., v., ]83, ed. Miiller.) — 16. (Orig., xvi., 24.) — 17. 
.Mus Capit., c. ii., p. 213.)— 18. (x., 3, s. 8, $ 4.) 




the handle (ansa). On the other side of the cemie 
from the scale is the beam (scapus), with the weight 
or equipoise (cequipondium), which is made to move 
along the points (per puncta) expressing the weights 
of the different objects that are put into the scale. 

*TRYGON (rpvyuv), the Turtle-dove, or Colum- 
ba turtur, L. 1 

•II. A species of Skate or Ray, the Fire-flaire, ot 
Raja pastinaca, L., the same as the Trygon pasti- 
naca, Adanson. 2 

TUBA (auXiriyf), a bronze trumpet, distinguished 
from the cornu by being straight, while the latter 
was curved : thus Ovid, 3 

"Non tuba directi non arts cornua flexi."* 

Facciolati, in his Lexicon, 5 is mistaken in supposing 
that Aulus Gellius and Macrobius, 7 who copies 
him, intend to affirm that the tuba was crooked. 
The words of the former do not mean that both the 
lituus and the tuba were crooked, but that both that 
kind of trumpet which was called a lituus and also 
the staff of the augur were crooked, and that it was 
doubtful which of the two had lent its name to the 
other. (Vid. Lituus.) 

The tuba was employed in war for signals of 
every description, 8 at the games and public festi- 
vals, 9 also at the last rites to the dead (hinc tuba, 
candela 1 *) , and Aulus Gellius 11 tells us, from Atteius 
Capito, that those who sounded the trumpet at fu- 
nerals were termed siticines, and used an instrument 
of a peculiar form. The tones of the tuba are rep- 
resented as of a harsh and fear-inspiring character 
(fractos sonitus tubarum ; 12 terribilem sonitum cere 
canoro 13 ), which Ennius 1 * endeavoured to imitate in 
the line 

"At tuba terribili sonitu taratantara dixit." 

The invention of the tuba is usually ascribed b» 
ancient writers to the Etruscans, 15 and the epithet 
hnoToaalmynTaL (i. e., robber- trumpeters 16 ) would 
seem to indicate that they had made it famous by 
their piracies. It has been remarked that Homer 
never introduces the aak-KiyZ in his narrative but 
in comparisons only, 17 which leads us to infer that, 
although known in his time, it had been but recent- 
ly introduced into Greece ; and it is certain that, 
notwithstanding its eminently martial character, it 



1. (Adams, Append., s. v.) — 2. (Aristot., H. A., i., 5, Ae- 
olian, N. A., i., 37, &c. — Adams, Append., s. v.) — 3. (Met., i 
98.)— 4. (Compare Veget., iii., 5.)- 5. (s. v. Tuba.)— 6. (v., 8.)- 
7. (Macrob., Sat., vi., 8.) — 8. (Tacit., Hist., ii., 29. — Caes., B 
C, iii., 46.— Hirt., B. G., viii., 20.— Liv., xxxix., 27.)— 9. (Juv., 
vi., 249 j x., 214.— Virg., JEn., v., 113.— Ovid, Fast., i., 716.)— 
10. (Pers., iii., 103.— Virg„ JEn., xi., 191.— Ovid, Heroid., xii., 
140.— Amor., II., vi., 6.)— 11. (xx., 2.)— 12. (Virg., Georg., iv., 
72.)— 13. (Id., JEn., ix., 503.)— 14. (Serv. ad Virg., 1. c— Com 
pare Priscian, viii., 18, 103, ed. Krehl.) — 15. (Athen., iv., c. 82 
— Pollux, Onom., iv., 85, 87. — Diodor., v., 40. — Serv. ad Virg., 
^En.. viii., 516. — Clem. Alex., Strom., i., p. 306.) — 16. (Phot 
and Hesych., s. v.— Pollux, 1. c.)— 17. (II.. xviii., 219 , xxi 988 
— Eustath. arifi Schol.) 

1021 



TUMULTUAR1I. 



TUNICA. 



was not until a late period used in the armies of the 
leading states. By the tragedians its Tuscan ori- 
gin was fully recognised : Athena, in iEschylus, 
orders the deep-toned, piercing Tyrrhenian trumpet 
to sound ; x Ulysses, in Sophocles, 2 declares that the 
accents of his beloved goddess fell upon his ears 
like the tones of the brazen-mouthed Tyrrhenian 
bell (Kudovoc, i. e., the bell-shaped aperture of the 
trumpet), and similar epithets are applied by Eurip- 
ides, 3 and other Greek* and Roman writers (Tyrrhe- 
nus clangor ; 5 Tyrrhenes clangore tuba 6 ). Accord- 
ing to one account, it was first fabricated for the 
Tyrrhenians by Athena, who, in consequence, was 
worshipped by the Argives under the title of 1.62,- 
niy^' 1 while at Rome the tubilustrium, or purifica- 
tion of sacred trumpets, was performed on the last 
day of the Quinquatrus. (Vid. Quinquatrus.) In 
another legend the discovery is attributed to a 
mythical king of the Tyrrhenians, Maleus, son of 
Hercules and Omphale ; 8 in a third to Pisaeus the 
Tyrrhenian; 9 and Silius has preserved a tradition, 10 
according to which the origin of this instrument is 
traced to Vetulonii. 11 

There appears to have been no essential differ- 
ence in form between the Greek and Roman or 
Tyrrhenian trumpets. Both were long, straight 
bronze tubes, gradually increasing in diameter, and 
terminating in a bell-shaped aperture. They pre- 




sent precisely the same appearance on monuments 
of very different dates, as may be seen from the 
cuts annexed, the former of which is from Trajan's 
column, and the latter from an ancient fictile vase. 12 




rhe scholiast on the Iliad 13 reckons six varieties 
of trumpets ; the first he calls the Grecian calruyZ 
which Athena discovered for the Tyrrhenians, and 
the sixth, termed by him k&t' kt-bxrjv, the rvponvLK-q 
cakTuyZ, he describes as bent at the extremity (ku- 
6uva KEKkao^iivov Ixovoa) ; but by this we must un- 
questionably understand the sacred trumpet (cepari- 
K7j calTriyt; 1 *), the lituus already noticed at the be- 
ginning of this article. 15 

TUBILU'STRIUM. (Vid. Quinquatrus.) 
TULLIA'NUM {Vid. Carcer.) 
TUMBOS (rvfiSoc). (Vid. Funus, p. 457.) 
TUMUL TUA'RH. (Vid. Tumultus.) 

1. (Eumen., 567.)— 2. (Aj., 17.)— 3. (Phoen., 1376.— Heracl., 
830.)— 4. (Auctor., Rhes., 988.— Brunck, Anal., torn, ii., p. 142.) 
—5. (Virg., .En., viii.,526.— Stat., Theb., iii.,650.)— 6. (Silius, 
ii., 19.)— 7. (Schol. ad Horn., II., xviii., 219, e. cod. Vict.— Paus., 
ii., 21, t) 3.)— 8. (Lutat. ad Stat., Theb., iv., 224; vi., 404 — 
Hygin., Fab., 274.— Schol. ad Horn., 1. c.)— 9. (Plin., H. N., 
vii., 57. — Photuis, s. v.) — 10. (viii., 490.) — 11. (Miiller, Die 
Etrusker, IV., i., 3, 4, 5.)— 12. (Hope, Costumes of the Anc, pi. 
156.)— 13. (1. c.)— 14. (Lvdus, De Mens., iv., 6.)— 15. (Compare 
'••can, i., 431.) 
1022 



TUMULTUS was the name given to a suaaen 01 
dangerous war in Italy or Cisalpine Gaul, and the 
word was supposed by the ancients to be a contrac- 
tion of timor multus 1 (tumultus dictus, quasi timor 
multus 2 ). It was, however, sometimes applied to a 
sudden or dangerous war elsewhere ; 3 but this does 
not appear to have been a correct use of the word. 
Cicero 4 says that there might be a war without a 
tumultus, but not a tumultus without a war ; but it 
must be recollected that the word was also applied 
to any sudden alarm respecting a war ; whence we 
find a tumultus often spoken of as of less importance 
than a war, 5 because the results were of less con 
sequence, though the fear might have been much 
greater than in a regular war. 

In the case of a tumultus there was a cessation 
from all business ( justitium), and all citizens were 
obliged to enlist, without regard being had to the 
exemptions (vacationes) from military service which 
were enjoyed at other times. 6 As there was not 
time to enlist the soldiers in the regular manner, 
the magistrates appointed to command the army 
displayed two banners (vezilla) from the Capitol, one 
red, to summon the infantry, and the other green, 
to summon the cavalry, and said, " Qui rempublicam 
salvam vult, me seguatur.'" Those that assembled 
took the military oath together, instead of one by 
one, as was the usual practice, whence they were 
called conjurati, and their service conjuratio. 1 Sol- 
diers enlisted in this way were called Tumultuarii 
or Subitarti* 

TU'NICA (%itg>v, dim. xitwIokoc, x it<,j viov), ait 
under-garment. The chiton was the only kind of 
evdvpa or under-garment worn by the Greeks. Of 
this there were two kinds, the Dorian and Ioni- 
an. The Dorian chiton, as worn by males, was a 
short woollen shirt without sleeves ; the Ionian was 
a long linen garment with sleeves. The under' 
garment, afterward distinguished as the Dorian, 
seems to have been originally worn in the whole of 
Greece. Thucydides 9 speaks as if the long linen 
garment worn at Athens a little before his time was 
the most ancient kind, since he attributes the adop- 
tion of a simpler mode of dress to the Lacedaemoni- 
ans, but. we know with tolerable certainty that this 
dress was brought over to Athens by the Ionians of 
Asia. 10 It was commonly worn at Athens during 
the Persian wars, but appears to have entirely gone 
out of fashion about the time of Pericles, from which 
time the Dorian chiton was the under-garment uni^ 
versally adopted by men through the whole of 
Greece. 11 

The distinction between the Doric and Ionic 
chiton still continued in the dress of women. The 
Spartan virgins only wore this one garment, and 
had no upper kind of clothing, whence it is some- 
times called himation (vid. Pallium) as well as chi- 
ton. 12 Euripides 13 incorrectly calls this Doric dress 
peplos, and speaks of a Doric virgin as /uovoTrenTioc. 
From the circumstance of their only wearing one 
garment, the Spartan virgins were called yv/uvai 1 * 
(vid. Nudus), and also /uovoxiruvec. 15 They appeared 
in the company of men without any farther cover- 
ing, but the married women never did so without 
wearing an upper garment. This Doric chiton was 
made, as stated above, of woollen stuff; it was 
without sleeves, and was fastened over both shoul- 

1. (Cic, Phil., viii., 1.)— 2. (Serv. ad Virg., JEn., ii., 486; 
viii., 1.— Festus, s. v. Tumultuarii.)— 3. (Liv., xxxv., 1 ; xli., 6. 
—Cic, Phil., v., 12.)— 4. (Phil., viii., 1.)— 5. (e. g.,Liv., ii., 26.) 
—6. (Cic, D. cc— Liv., vii, 9, 11, 28 ; viii., 20 ; xxxiv., 56.)— 7. 
(Serv. ad Virg., JEn., viii., J.) — 8. (Festus, s. v.— Liv., iii., 30; 
x., 21 ; xl., 26.)—9. (i., 6.)— 10. (Miiller, De Min. Pol., p. 41.- 
Id., Dor., iv., 2, 6 4.)— 11. (Athen., xii., p. 512, c — Eustath.. p. 
954, 47.— Thucyd., 1. c— Aristoph., Equit., 1330.)— 12. (Compare 
Herod., v., 87.— Schol. ad Eurip., Hec, 933.)— 13. (Hecub., 1. c. 
— Androm., 598.)— 14. (Plut.. Lvr , 14.)— 15. (Schol ad Eunp. 
Athen., xiii., p. 589,/ i 



TUNICA. 



TUNICA 



deis by clasps or buckles (nopnai,, nepovat), whi'ih 
were often of considerable size. 1 It was frequently 
so short as not to reach the knee, 2 as is shown in 
the figure of Diana on p. 245, who is represented 
as equipped for the chase. It was only joined to- 
gether on one side, and on the other was left partly 
open or slit up (c^ardf xituv 3 ), to allow a free mo- 
tion of the limbs : the two skirts (nTepvyec) thus 
frequently flew open, whence the Spartan virgins 
were sometimes called <paii>ofj.7]pidEs,* and Euripides 5 
speaks of them as with 

yvjivolai fJirjpolq nal n$7r2.oic uveifiivoic. 
Examples of this cxujtoc x' ltuv are frequently 
seen in works of art : the following cut is taken 
from a bas-relief in the British Museum, which rep- 
resents an Amazon with a chiton of this kind : some 
parts of the figure appear incomplete, as the original 
is mutilated. 6 




The Ionic chiton, on the contrary, was a long and 
loose garment, reaching to the feet (7ro6yp7jg), with 
wide sleeves (nopai), and was usually made of linen. 
The sleeves, however, appear usually to have cov- 
ered only the upper part of the arm ; for in ancient 
works of art we seldom find the sleeve extending 
farther than the elbow, and sometimes not so far. 
The sleeves were sometimes slit up, and fastened 
together with an elegant row of brooches, 7 and it is 
to this kind of garment that Bottiger 8 incorrectly 
gives the name of ox iaT °C x tT0)V - The Ionic chiton, 
according to Herodotus, 9 was originally a Carian 
dress, and passed over to Athens from Ionia. The 
women at Athens originally wore the Doric chiton, 
but were compelled to change it for the Ionic after 
they had killed, with the buckles or clasps of their 
dresses, the single Athenian who bad returned alive 
from the expedition against JEgina, because there 
were no buckles or clasps required in the Ionic 
dress. The Muses are generally represented with 
this chiton. The following woodcut, taken from a 
statue in the British Museum, represents the Muse 
Thalia wearing an Ionic chiton. The peplum has 
fallen ofT her shoulders, and is held up by the left 
hand. The right arm, holding a pedum, is a modern 
restoration. 

Both kinds of dress were fastened round the mid- 
dle with a girdle (vid. Zona) ; and as the Ionic chiton 
was usually longer than the body, part of it was 
drawn up so that the dress might not reach farther 
than the feet, and the part which was so drawn up 
overhung or overlapped the girdle, and was called 

KJ?l,TTO£. 

There was a peculiar kind of dress, which seems 
to have been a species of double chiton, called 6l- 
nloic, 6ciT?i,oi6tov, and 7]/xi6nr2.oidiov. Some writers 
suppose that it ^vas a kind of little cloak thrown 
over the chiton, in which case it would be an amic- 

1. (Herod.— Schol. ad Eurip., 11. cc.)— 2. (Clem. Alex., Paul., 
ii., 10, p. 258.)— 3. (Pollux, Onom., vii., 55.)— 4. (Id, 1. c;)-5. 
(Androm., I.e.)— 6. (See also Mus. Borb., iv., t. 21.)— 7. (^Elian, 
v. II.. i., 18.)— 8. (Kleine Schr., iii., p. 56.)— 9 (v., 87, 88.) 




tus, and could not be regarded as a chiton ; Dui 
Becker and others maintain that it was not a sep- 
arate article cf dress, but was merely the-upper part 
of the cloth forming the chiton, which was larger 
than was required for the ordinary chiton, and was 
therefore thrown over the front and back. The fol- 
lowing cuts 1 will give a clearer idea of the form of 
this garment than any description. 





It seems impossible to determine with certainty 
whether the diploidion formed part of the chiton, or 
was a separate piece of dress. Those writers who 
maintain the former view think that it is quite 
proved by the left-hand figure in the preceding cut ; 
but this is not conclusive evidence, since the chiton 
may have terminated at the waist. In the right- 
hand figure we see that the chiton is girded round 
the middle of the body, as described above, and that 
the fold which overhangs (koXttoc) forms, with the 
end of the diploidion, a parallel line, which was al- 
ways the case. This is also plainly seen in the wood- 
cut to the article Umbraculum. Since the diploidion 
was fastened over the shoulders by means of buckles 
or clasps, it was called knufiig, which Muller 3 sup- 
poses, from Euripides (Hecub., 553) and Athenseus 
(xiii., p. 608, b.), to have been only the end of the 
garment fastened on the shoulder ; but these pas- 
sages do not necessarily prove this, and Pollux 3 
evidently understands the word as meaning a gar- 
ment itself. 

Besides the word x lT ^v, we also meet with the 
diminutives x LTUVLaK0 S an d x L ™viov, the former of 
which is generally applied to a garment worn b* 
men, and the latter to one worn by women, though 
this distinction is not always preserved. A ques- 
tion arises whether these two words relate to a 
different garment from the chiton, or mean merely 
a smaller one. Many modern writ ers think that 

1. (Mus. Borbon., ii., t. 4, 6.)— 2 lArchao) der Kunnt, y 339. 
4.)— 3. (vii., 49.) 

1023 



TUNICA 



TUNICA 



the chiton was not worn immediately next the skin, 
but that there was worn under it a shirt (xtTuvianog) 
or chemise (xinwLov). In the dress of men, how- 
ever, this does not appear to have been the case, 
since we find x iT ^ viaKOC frequently used as identical 
with x ir ^ v i an( * spoken of as the only under-gar- 
ment worn by individuals (To l/xdrcov kcu tov 
XctuvIgkov 1 ). It appears, on the contrary, that fe- 
males i?ere accustomed to wear a chemise (xiruvt- 
ov) under their chiton, and a representation of such 
a one is given in p. 599. a 

It was the practice among most of the Greeks to 
wear an himation, or outer garment, over the chiton, 
but frequently the chiton was worn alone. A per- 
son who wore only a chiton was called uovoxiruv 
(oiox'i-Tuv 3 ), an epithet given to the Spartan virgins, 
as explained above. In the same way, a person 
who wore only an himation, or outer garment, was 
called axcTov.* The Athenian youths, in the earlier 
times, wore only the chiton ; and when it became 
the fashion, in the Peloponnesian war, to wear an 
outer garment over it, it was regarded as a mark 
of effeminacy. 5 

Before passing on to the Roman under garment, 
it remains to explain a few terms which are applied 
to the different kinds of chiton. In later times, the 
chiton worn by men was of two kinds, the dfx<j>L/id(j- 
Xa^og and the erepofidaxalog, the former the dress 
of freemen, the latter that of slaves. 6 The uiityi- 
fidaxaXoc appears to have signified not only a gar- 
ment which had two sleeves, but also one which 
had openings for both arms ; while the eTepop,daxa- 
Xof, on the contrary, had only a sleeve, or, rather, 
an opening for the left arm, leaving the right, with 
the shoulder and a part of the breast, uncovered, 
whence it is called Etju/xic, a representation of which 
is given on page 426. When the sleeves of the 
chiton reached down to the hands, it seems to have 
been properly called ^apjtJwroj-, 7 though this word 
eeems to have been frequently used as equivalent 
to d/j.(j>i{idoxa^og. s (Vid. Chiridota.) 

A ^irwv bpdoorddioc was one which was not fast 
ened round the body with a girdle : 9 a ^trwv oro'ki- 
Lot'oc seems to have had a kind of flounce at the 
bottom. 10 

On the subject of the Greek chiton in general, see 
Midler, Dorians, iv., 2, <J 3, 4. — Arch'dologie der 
Kunst, § 337, 339. — Becker, Charikles, ii., p. 309, &c. 

The tunica of the Romans, like the Greek chiton, 
was a woollen under garment, over which the toga 
was worn. It was the indumentum or indutus, as 
opposed to the amictus, the general term for the 
toga, pallium, or any other outer garment. (Vid. 
Amictus.) The Romans are said to have had no 
other clothing originally but the toga ; and when 
the tunic was first introduced, it was merely a short 
garment without sleeves, and was called colobium. 11 
It was considered a mark of effeminacy for men to 
wear tunics with long sleeves (manicata) and reach- 
ing to the feet (talares). 1 * Julius Caesar, however, 
was accustomed to wear one which had sleeves, 
with fringes at the wrist (ad manus fimbriata 13 ) ; and 
in the later times of the Empire, tunics with sleeves, 
and reaching to the feet, became common. 

The tunic was girded (cincta) with a belt or girdle 
around the waist, but was usually worn loose, with- 
out being girded, when a person was at home, or 



1. (Plat., Hipp. Min., p. 368. — Dem. in Mid., p. 583, 21.— 
.aSsch. in Tim., p. 143. — Athen., xii., p. 545, a.) — 2. (Compare 
Athen.,xiii.,p. 590,/. — Aristoph., Lysist.,48, 150.) — 3. (inHom., 
Od., xiv., 489.)— 4. (Xen., Mem., i., 6, I) 2.— .Elian, V. H., vii., 
13. — Diod. Sic, xi., 26.) — 5. (Aristoph., Nub., 964, compared 
with 987.)— 6. (Pollux, Onom., vii., 47.)— 7. (Gell., vii., 12.)— 8. 
(Hesych., s. v. 'AjU^ijuaTxaAo?.)— 9. (Pollux, Onom., vii., 48.— 
Phot., Lex., p. 346, Pers.)— 10. (Pollux, Onom., 54.— Xen., Cy- 
rop., vi., 4, t) 2.)— 11. (Gell., vii., 12.— Serv. ad Virg., ^En., ix , 
616.)— 12. (Cic, Cat., ii., 10.) -13. (Suet., Jul., 45.) 
1 021 



wished to be at his ease. 1 Hence we find tn« 
terms cinctus, prcecinctus, and succinctus applied, 
like the Greek evfavoc, to ai active and diligent 
person, and discinctus to one who was idle or d's- 
solute. 2 

The form of the tunic, as worn by men, is reprts 
sented in many woodcuts in this work. In works 
of art it usually terminates a little above the knee ; 
it has short sleeves, covering only the upper part 
of the arm, and is gilded at the waist (see cuts, p 
54, 667) : the sleeves sometimes, though less fre 
quently, extend to the hands (cuts, p. 112, 132.) 

Both sexes usually wore two tunics, an outer and 
an under, the latter of which was worn next the 
skin, and corresponds to our shirt and chemise. 
Varro 3 says that when the Romans began to wear 
two tunics, they called them subucula and indusium, 
the former of which Bbttiger* supposes to be the 
name of the under tunic of the men, and the latter 
of that of the women. But it would appear from 
another passage of Varro* referred to by Becker, 6 
as if Varro had meant to give the name of subucula 
to the under tunic, and that of indusium or intusium 
to the outer, though the passage is not without dif- 
ficulties. It appears, however, that subucula was 
chiefly used to designate the under tunic of men.' 
The word interula was of later origin, and seems to 
have applied equally to the under tunic of both 
sexes. 8 The supparus or supparum is said by Fes- 
tus 9 to have been a linen vest, and to have been the 
same as the subucula; but Varro, 10 on the contrary., 
speaks of it as a kind of outer garment, and con- 
trasts it with subucula, which he derives from sv.b 
tus, while supparus he derives from supra. The 
passage of Lucan' 1 in which it is mentioned does 
not enable us to decide whether it was an outer 01 
under garment, but would rather lead us to suppose 
that it was the former. Persons sometimes wore 
several tunics, as a protection against cold : Augu? 
tus wore four in the winter, besides a subucula. 12 

As the dress of a man usually consisted of au 
under tunic, an outer tunic, and the toga, so that of 
a woman, in like manner, consisted of an under 
tunic (tunica intima 13 ), an outer tunic, and the palla. 
The outer tunic of the Roman matron was properly 
called stola (vid. Stola), and is represented in the 
woodcut on page 926 ; but the annexed woodcut, 
which represents a Roman empress in the character 
of Concordia, or Abundantia, gives a better idea of 




1. (Hor., Sat., ii., 1, 73.— Ovid, Am., 1,9,41.)— 2. (Hor., Sal„ 
i., 5, 6 ; ii., 6, 107.— Epod., i., 34.)— 3. (ap. Non., xiv., 38.)— 4. 
(Sabina, ii., p. 113.)— 5. (L. L., v., 131, ed. Miiller.)— 6. (Gal- 
lus, ii., p. 89.)— 7. (Suet., Octav., 82.— Hor., Epist., I., i., 95.) 
— 8.'(Apul., Florid., ii., p. 32.— Metam., viii., p. 533, ed. Oud.— 
Vopisc, Prob.,4.)— 9. (s. v.)— 10. (v., 131.)— 11. (ii., 364.)-12 
(Suet., Octav., 82.)— 13. (Gell., x., 15.) 




TYRANNl/S. 



rts form. 1 Over the tunic or stola the palla is 
thrown in many folds, but the shape of the former 
is still distinctly shown. 

The tunics of women were larger and longer than 
those of men, and always had sleeves ; but in an- 
cient paintings and statues we seldom find the 
sleeves covering more than the upper part of the 
arm. An example of the contrary is seen in the 
Musco Borbonico* Sometimes the tunics were 
adorned with golden ornaments called leria. 3 

Poor people, who could not afford to purchase a 
toga, were the tunic alone, whence we find the 
common people called Tunicati* Persons at work 
laid aside the toga ; thus, in the woodcut on p. 667, 
a man is represented ploughing in his tunic only. A 
person who wore only his tunic was frequently 
called Nudus. 

Respecting the clavus latus and the clavus an- 
gustus, worn on the tunics of the senators and 
equites respectively, see Clavus Latus, Clavus 
Anqustus. 

When a triumph was celebrated, the conqueror 
wore, together with an embroidered toga (toga pi c - 
ta), a flowered tunic {tunica palmata), also called 
tunica Jovis, because it was taken from the Temple 
of Jupiter Capitolinus. 5 ( Vid. Triumphus, p. 1017.) 
Tunics of this kind were sent as presents to foreign 
kings by the senate. 6 

♦TYMPHA'ICA TERRA (Tv^ainv yv), a spe- 
cies of earth, which would appear, from the account 
of Theophrastus, to have been a kind of gypsum. 7 

*TYPHE (rv<j>n), according to most authorities, 
the Typha latifolia, or Reed Mace. It is different 
from the rUrj, though often confounded with it. 8 

TY'RANNUS (rvpavvoc). In the heroic age all 

the governments in Greece were monarchical, the 

king uniting in himself the functions of the priest, 

he judge, and military chief. These were the na- 

<ko.I (3aai?LEiaL of Thucydides. 9 In the first two 
oi *hree centuries following the Trojan war, various 
reuses were at work which led to the abolition, or, 
at least, to the limitation of the kingly power. Em- 
igrations, extinctions of families, disasters in war, 
civil dissensions, may be reckoned among these 
causes. Hereditary monarchies became elective ; 
the different functions of the king were distributed ; 
he was called apxuv, noopoc, or irpvravic, instead of 
SaoCkEvc, and his character was changed no less 
than his name. Noble and wealthy families began 
to be considered on a footing of equality with roy- 
alty ; and thus, in process of time, sprang up oli- 
garchies or aristocracies, which most of the govern- 
ments that succeeded the ancient monarchies were 
in point of fact, though not as yet called by such 
names. These oligarchies did not possess the ele- 
ments of social happiness or stability. The princi- 
pal families contended with each other for the 
greatest share of power, and were only unanimous 
in disregarding the rights of those whose station 
was beneath their own. The people, oppressed by 
the privileged classes, began to regret the loss of 
their old paternal form of government, and were 
ready to assist any one who would attempt to re- 
, store it. Thus were opportunities afforded to am- 
bitious and designing men to raise themselves by 
starting up as the champions of popular right. Dis- 
contented nobles were soon found to prosecute 
schemes of this sort, and they had a greater chance 
of success if descended from the ancient royal fam- 
ily. Pisistratus is an example ; he was the more 

1. (Visconti, Monum. Gab., n. 34 — B6tti°er, Sabina, tav. x.) 
— 2. (vol. vii., tav. 3.)— 3. (Festus, s. v.— Gr. A»^ot. Hesych., 
Suid., s. v.)— 4. ,'Cir.. in Rull., ii., 34.— Hor., Epist.. i., 7, 65.)— 
5. (Liv.. x., 7.— Marc, vn., 1.— Juv , x., 38.)— 6. (Liv., xxx., 15 ; 
xxxi., 11.) — 7. (Theophr. De Lapid., c. 110. — Adams, Append., 
«. v.)— S. (Theophr., H P., i., 5 ; iv., lO.-Dioscor., iii., 123.— 
4<lam*, Appoiid.. 8. v.^— 9. (i., 13.) 



TYRANNIJS. 

acceptable to the people of Athens as being a de- 
scendant (if the family of Codrus. 1 Thus in many 
cities arose that species of monarchy which the 
Greeks called rvpawic, which meant only a despot- 
ism, or irresponsible dominion of one man, and 
which frequently was nothing more than a revival 
of the ancient government, and, though unaccom- 
panied with any recognised military title, or the 
reverence attached to old name and long prescrip- 
tion, was hailed by the lower orders of people as a 
good exchange, after suffering under the domina- 
tion of the oligarchy. All tyrannies, however, were 
not so acceptable to the majority ; and sometimes 
we find the nobles concurring in the elevation of a 
despot to farther their own interests. Thus the 
Syracusan Gamori, who had been expelled by the 
populace, on receiving the protection of Gelon, sov- 
ereign of Gela and Camarina, enabled him to take 
possession of Syracuse, and establish his kingdom 
there. 8 Sometimes the conflicting parties in the 
state, by mutual consent, chose some eminent man. 
in whom they had confidence, to reconcile their dis- 
sensions, investing him with a sort of dictatorial 
power for that purpose, either for a limited period 
or otherwise. Such a person they called aicwfiv^rrjc. 
(Vid. Aisymnetes.) A similar authority was con- 
ferred upon Solon when Athens was torn by the 
contending factions of the Aiuicpioi, Usdtaioi, and 
TldpakoL, and he was requested to act as mediator 
between them. Solon was descended from Codrus, 
and some of his friends wished him to assume the 
sovereignty ; this he refused to do, but, taking the 
constitutional title of archon, framed his celebrated 
form of polity and code of laws. 3 The legislative 
powers conferred upon Draco, Zaleucus, and Cha- 
rondas were of a similar kind, investing them with 
a temporary dictatorship. 

The rvpavvoc must be distinguished, on the ona 
hand, from the alav/nv^rnc, inasmuch as he was not 
elected by general consent, but commonly owed his 
elevation to some coup d'etat, some violent move- 
ment or stratagem, such as the creation of a body- 
guard for him by the people, or the seizure of the 
citadel ;* and, on the other hand, from the ancient 
king, whose right depended, not on usurpation, but 
on inheritance and traditionary acknowledgment. 
The power of a king might be more absolute than 
that of a tyrant ; as Phidon of Argos is said to have 
made the royal prerogative greater than it was 
under his predecessors ; yet he was still regarded 
as a king, for the difference between the two names 
depended on title and origin, and not on the manner 
in which the power was exercised. 5 The name of 
tyrant was originally so far from denoting a person 
who abused his power, or treated his subjects with 
cruelty, that Pisistratus is praised by Thucydides* 
for the moderation of his government ; and Herodo 
tus says he governed ovte rifiac rdc eovoac ovvrap- 
ai-ac, ovte dEGjiia {lerahXdt-ac, etti te rolai KarEOTEuot 
EVE/ie tt]v iroXiv kog/ieuv ko?mc te Kal ev. 7 There- 
fore we find the words fiaaikEvc and rvpavvoc used 
promiscuously by the Attic tragedians passim, 6 and 
even by prose authors. Thus Herodotus calls the 
Lydian Candaules rvpavvoc, 9 the kingdom of Mace- 
donia rvpawic, 10 and Periander of Corinth (3aailcvc. u 
Afterward, when tyrants themselves had become 
odious, the name also grew to te a word of reproach, 
just as rex did among the Romans. 12 

Among the early tyrants of Greece, those most 
worthy of mention are Clisthenes of Sicyon, grand- 



1. (Herod, v., 65.)— 2. (Id., vii., 154, 155.)— 3. (Id, i., 29.- 
— Plut., Sol., c. 13, &c— Schomann, Ant. Jur. Pub. Gr.,p. 173.) 
—4. (Herod., i., 59— Thucyd., i., 126.)— 5. (Anstot., Polit., v., 
8.)— 6. (vi., 54.)— 7. (i., 59.) — 8. (See the argument of the ffidi- 
pus Tvrannus.)— 9. (i., 7.) — 10. ;viii., 137.) — 11. (iii., 52. — 
Compare v., 27, 92.)- 12. ( Wachsmuth, Hell. Alt., I , i , 279- 
288.— Thirlwali, Gr. Hist., i., p. 401, 404.) 

1025 



IYRANNUS. 

father of the Athenian Ciisthenes, in whose family 
the government continued for a century after its 
establishment by Orthagoras about B.C. 672 j 1 Cyp- 
selus of Corinth, who expelled the Bacchiadae, B.C. 
635, and his son Periander, both remarkable for 
their cruelty ; their dynasty lasted between seventy 
and eighty years ; a Procles of Epidaurus ; 3 Panta- 
ieon of Pisa, who celebrated the thirty-fourth Olym- 
piad, depriving the Eleans of the presidency ;* 
Theagenes of Megara, father-in-law to Cylon the 
Athenian; 5 Pisistratus, whose sons were the last 
of the early tyrants on the Grecian continent. In 
Sicily, where tyranny most flourished, the principal 
were Phalaris of Agrigentum, who established his 
power in B.C. 568, concerning whose supposed 
epistles Bentley wrote his famous treatise ; Theron 
of Agrigentum ; Gelon, already mentioned, who, in 
conjunction with Theron, defeated Amdcar the 
Carthaginian on the same day on which the battle 
of Salamis was fought ; and Hiero, his brother : 
the last three celebrated by Pindar. 6 In Grecian 
Italy we may mention Anaxilaus of Rhegium, who 
reigned B.C. 496 ; 7 Clinias of Croton, who rose 
after the dissolution of the Pythagorean league (as 
to which, see Polybius, 8 Athenaeus, 9 Thirlwall 10 ). 
The following, also, are worthy of notice : Polycrates 
of Samos j 11 Lygdamis of Naxos ; 12 Histiaeus and 
Aristagoras of Miletus. 13 Perhaps the last men- 
tioned can hardly be classed among the Greek ty- 
rants, as thoy were connected with the Persian 
monarchy. 14 

The general characteristics of a tyranny were, 
that it was bound by no laws, and had no recog- 
nised limitation to its authority, however it might 
be restrained m practice by the good disposition of 
the tyrant himself, or by fear, or by the spirit of the 
age. It was commonly most odious to the wealthy 
and noble, whom the tyrant looked upon with jeal- 
ousy as a check upon his power, and whom he 
often sought to get rid of by sending them into ex- 
ile or putting them to death. The advice given by 
Thrasybulus of Miletus to Periander affords an apt 
illustration of this. 15 The tyrant usually kept a 
body-guard of foreign mercenaries, by aid of whom 
he controlled the people at home ; but he seldom 
ventured to make war, for fe^ > • of giving an oppor- 
tunity to his subjects to revol The Sicilian sov- 
ereigns form an exception to this observation. 16 He 
was averse to a large congregation of men in the 
town, and endeavoured to find rustic employments 
for the populace, but was not unwilling to indulge 
them with shows and amusements. A few of the 
better sort cultivated literature and the arts, adorn- 
ed their city with handsome buildings, and even 
passed good laws Thus Pisistratus commenced 
building the splendid temple of Jupiter Olympius, 
laid out the garden of the Lyceum, collected the 
Homeric poems, and is said to have written poetry 
himself. Tribute was imposed on the people to 
raise a revenue for the tyrant, to pay his merce- 
naries, and maintain his state. Pisistratus had the 
tithe of land, which his sons reduced to the twenti- 
eth. (Vid. Telos.) 

The causes which led to the decline of tyranny 
among the Greeks were partly the degeneracy of 
the tyrants themselves, corrupted by power, indo- 
lence, flattery, and bad education ; for even where 
the father set a good example, it was seldom fol- 
lowed by the son ; partly the cruelties and excesses 
of particular men, which brought them all into dis- 

1 (Herod., v., 67, 69.)— 2. (Id., v- . 92.) — 3. (Id., iii., 50, 52.) 
—4 (Paus., vi., 21, 22.)— 5. (Thucyd., i., 126.)— 6. {Vid. Herod., 
vii. 156, 165, 166.)— 7. (Id., vi., 23, vii., 165.)— 8. (ii., 39.)— 9. 
(xi , p. 522; xiv., p. 623.) — 10. (iL, p 154.) — 11. (Herod., in., 
39,56, 120, 125.— Thucyd., i., 13.)— 12. (Herod., i., 61, 64.)— 13. 
(Id., iv., 137 ; v., 23, 30, 37 ; vi , 29.)— 14. (Wachsmuth, Id., I., 
i, 274.)-15. (Herod- v., 92 j- 16. (Thucyd., i., 17.) 

i02e 



TURIBULUU 

repute ; and partly the growing spirit of inquiry 
among the Greek people, who began to speculate 
upon political theories, and soon became discon- 
tented with a form of government which had no- 
thing in theory, and little in practice, to recommend 
it. Few dynasties lasted beyond the third genera- 
tion. Most of the tyrannies which flourished before 
the Persian war are said to have been overthrown 
by the exertions of Sparta, jealous probably of any 
innovation upon the old Doric constitution, especial- 
ly of any tendency to ameliorate the condition of 
the Perioeci, and anxious to extend her own influ- 
ence over the states of Greece by means of the 
benefits which she conferred. 1 Upon the fall of 
tyranny, the various republican forms of govern- 
ment were established, the Dorian states generally 
favouring oligarchy, the Ionian democracy. 2 

As we cannot in this article pursue any historical 
narrative, we will shortly refer to the revival of tyr- 
anny in some of the Grecian states after the end 
of the Peloponnesian war. In Thessaly, Jason of 
Pherae raised himself, under the title of Tayoc, B.C. 
374, to the virtual sovereignty of his native city, 
and exercised a most extensive sway over most of 
the Thessalian states ; but this power ceased with 
Lycophron, B.C. 353. {Vid. Tagos.) In Sicily, the 
corruption of the Syracusans, their intestine dis- 
cords, and the fear of the Carthaginian invaders, 
led to the appointment of Dionysius to the chief mili- 
tary command, with unlimited powers ; by means 
of which he raised himself to the throne, B.C. 406, 
and reigned for 38 years, leaving his son to succeed 
him. The younger Dionysius, far inferior in every 
respect to his father, was expelled by Dion, after- 
ward regained the throne, and was again expelled 
by Timoleon, who restored liberty to the various 
states of Sicily. (For their history the reader is 
referred to Xenophon, Hell, ii., 2, § 24. — Diodor., 
xiv., 7, 46, 66, 72, 109 ; xv., 73, 74 ; xvi., 5, 16, 36, 
68, 69, &c.— Plut., Dion, and Timol. — Wachsmuth, 
I., ii., 316-326.) With respect to the dynasty of 
the Archaenactidae in the Cimmerian Bosporus, and 
some of the towns on the coast of the Euxine, see 
Wachsmuth, I., ii., 329. Lastly, we may notice 
Evagoras of Cyprus, who is panegyrized by Isoc- 
rates; Plutarch of Eretria, Callias and Tauros- 
thenes of Chalcis, who were partisans of Philip 
against the Athenians. 3 The persons commonly 
called the thirty tyrants at Athens do not fall within 
the scope of the present subject. With respect to 
the Athenian laws against tyranny, and the general 
feelings of the people, see Prodosia. 

TTPANNI'AOS rPA<PH'. (Vid. Prodosia.) 
TURFBULUM (dv/xLarf/piov), a Censer. The 
Greeks and Romans, when they sacrificed, com- 
monly took a little frankincense out of the Acerra, 
and let it fall upon the flaming altar. (Vid. Ara.) 
More rarely they used a censer, by means of which 
they burned the incense in greater profusion, and 
which was, in fact, a small movable grate or Focu- 
lus. 4 The annexed woodcut, taken from an an- 







iMS 1 



1 (Thucyd., i., 18.)— 2. (Wachsmuth, I., i., 289.— Schomann 
Id., 84, 88-91.)— 3. (Plut., Phoc, 12.— Isocr., Evag.— Wachsmuth 
I., ii., 330.)— 4. (^Elian, V. H., x. i., 51.) 



TURRIS. 



TURRIS. 



*ient painting, shows the performance of both of 
these acts at the same time. Winckelmann 1 sup- 
poses it to represent Li via, the wife, and Octavia, 
the sister of Augustus, yacrificing to Mars in grati- 
tude for his safe return from Spain. 3 The censer 
here represented has two handles, for the purpose 
of carrying it from place to place, and it stands upon 
feet, so that the air might be admitted underneath, 
and pass upward through the fuel. 

As the censer was destined for the worship of 
the gods, it was often made of gold or silver, 3 and 
enriched with stones and gems.* We find a silver 
censer in the official enumerations of the treasures 
presented to the Parthenon at Athens : its bars 
(diepeiauaTa) were of bronze. 6 

TURMA. (Vid. Army, Roman, p. 104.) 
TURRIS (nvpyoc), a Tower. The w T ord rvpaiq, 
from which comes the Latin turris, signified, ac- 
cording to Dionysius, 6 any strong building surround- 
ed by walls ; and it was from the fact of the Pelas- 
gians in Italy dwelling in such places that the same 
writer supposes them to have been called Tyrseni- 
ans or Tyrrhenians, that is, the inhabitants of 
towns or castles. Turris, in the old Latin language, 
seems to have been equivalent to urbs. 1 The use 
of towers by the Greeks and Romans was various. 

1. Stationary Towers. — 1. Buildings of this form 
are frequently mentioned by ancient authors, as 
forming by themselves places of residence and de- 
fence. This use of towers was very common in 
Africa. 8 We have examples in the tower of Han- 
nibal, on his estate between Acholla and Thapsus, 9 
the turris regia of Jugurtha, 10 the tower of a private 
citizen without the walls of Carthage, by the help 
of which Scipio took the city ; u and in Spain, the 
tower in which Cn. Scipio was burned. 12 Such 
towers were common in the frontier provinces of 
the Roman Empire. 13 

2. They were erected within cities, partly to 
f )rm a last retreat in case the city should be taken, 
and partly to overawe the inhabitants. In almost 
all Greek cities, which were usually built upon a 
hill, rock, or some natural elevation, there was a 
kind of tower, a castle, or a citadel, built upon the 
highest part of the rock or hill, to which the name 
of Acropolis was given. Thus we read of an Acropo- 
lis at Athens, Corinth, Argos, Messene, and many 
other places. The Capitolium at Rome answered 
the same purpose as the Acropolis in the Greek 
cities ; and of the same kind were the tower of 
\gathocles at Utica, 1 * and that of Antonia at Jeru- 
salem. 15 

3. The fortifications both of cities and camps 
were strengthened by towers, which were placed 
at intervals on the murus of the former and the 
vallum of the latter ; and a similar use was made 
of them in the lines (circumvallatio) drawn round a 
besieged town. (Vid. Vallum.) They were gen- 
erally used at the gates of towns and of stative 
camps. {Vid. Porta.) The use of temporary towers 
on walls to repel an attack will be noticed below. 

II. Movable Towers. — These were among the 
most important engines used in storming a fortified 
place. They were of two kinds. Some were made 
so that they could be taken to pieces and carried to 
the scene of operation : these were called folding 
towers (izvpyot. nrvKroi. or kirrvyiievoi, turres plica- 
hies, or portable towers, QopijTol rrvpyoi) The other 



1. (Mon. hied., 177.)— 2. (Hor., Carm., iii., 14, 5.)— 3. (Ep. ad 

ileb., ix., 4. — Thucyd., vi., 46.) — 4. (Herod., iv., 162. — Cic, 

Verr., II., iv., 21-24.) — 5. (Biickh, Corp. Inscrip., i., p. 198, 

235, 236.) — 6. (i., 26.)— 7. (Polyb., xxvi., 4— Gottling, Gesch. 

der Rika. Staatsv., p. 17.) — 8. (Diod. Sic, iii., 49. — Itin. Ant., p. 

■4, 35, with Wesseling's notes.) — 9. (Liv., xxxiii., 48.) — 10. 

Sail., Ju?., 103.)— 11. (Appian, Pun., 117.)— 12. (Id., Hisp., 16.) 

13. (Amm Mare., xxviii., 2.) — 14. (Appian, Pun., 14.) — 15. 

jf-ph., Bell. Jud., v., 5, v 8.— Act. Apostol., xxi., 3D 



sort were constructed on wheels, so as to be driver 
up to the walls ; and hence they were called turres 
ambulatories or subrotatce. But the turres plicatiles 
were generally made with wheels, so that they were 
also ambulator ia. 

The first invention or improvement of such towers 
is ascribed by Athenseus, the mechanician (quoted 
by Lipsius 1 ), to the Greeks of Sicily in the time of 
Dionysius I. (B.C. 405). Diodorus 2 mentions towers 
on wheels, as used by Dionysius at the siege of 
Motya. He had before 3 mentioned towers as used 
at the siege of Selinus (B.C. 409), but he does not 
say that they were on wheels. According to others, 
they were invented by the engineers in the service 
of Philip and Alexander, the most famous of whom 
were Polyidus, a Thessalian, who assisted Philip 
at the siege of Byzantium, and his pupils Chaereas 
and Diades.* Heron 5 ascribes their invention to 
Diades and Chaereas, Vitruvius 6 to Diades alone, 
and Athenaeus 7 says that they were improved in 
the time of Philip at the siege of Byzantium. Vi- 
truvius states that the towers of Diades were car- 
ried about by the army in separate pieces. 

Appian mentions the turres plicatiles* and states 
that at the siege of Rhodes Cassius took such tow- 
ers with him in his ships, and had them set up on 
the spot. 9 

Besides the frequent allusions in ancient writers 
to the movable towers (turres mobiles 10 ), we have 
particular descriptions of them by Vitruvius 11 and 
Vegetius. 12 

They were generally made of beams and planks, 
and covered, at least on the three sides which were 
exposed to the besieged, with iron, not only for 
protection, but also, according to Josephus, to in- 
crease their weight, and thus make them steadier. 
They were also covered with raw hides and quilts, 
moistened, and sometimes with alum, to protect 
them from fire. The use of alum for this purpose 
appears to have originated with Sulla at the siege 
of Athens 13 Their height was such as to overtop 
the walls, towers, and all other fortifications of the 
besieged place. 14 Vitruvius, 15 following Diades, 
mentions two sizes of towers. The smallest ought 
not, he says, to be less than 60 cubits high, 17 wide, 
and one fifth sm?' £ at the top ; and the greater, 
120 cubits high anu 23£ wide. Heron, 16 who also 
follows Diades, agrees with Vitruvius so far, but 
adds an intermediate size, half way between the 
two, 90 cubits high. Vegetius mentions towers of 
30, 40, and 50 feet square. They were divided 
into stories (tabulata or tccla), and hence they are 
called turres contabulatce. 11 Towers of the three 
sizes just mentioned consisted respectively of 10, 

15, and 20 stories. The stories decreased in height 
from the bottom to the top. Diades and Chaereas, 
according to Heron, made the lowest story seven 
cubits and 12 digits, those about the middle five 
cubits, and the upper four cubits and one third. 

The sides of the towers were pierced with win- 
dows, of which there were several to each story. 

These rules were not strictly adhered to in prac- 
tice. Towers were made of six stories, and even 
fewer. 19 Those of 10 stories were very common. 19 
but towers of 20 stories are hardly, if ever, mention- 
ed. Plutarch 20 speaks of one of 100 cubits high, 
used by Mithradates at the siege of Cyzicus. The 
use of the stories was to receive the engines of war 
(tormenta). They contained balistae and catapults, 

1. (Oper.,iii., p. 297.) — 2. (xiv., 51.)— 3. (xiii., 54.)-4. (Vi- 
truv., x , 19, s. 13.)— 5. (c. 13.)— 6. (1. c.)— 7. (1. c.) — 8. (Bell. 
Civ., v., 36, 37.)— 9. (Id., iv., 72.)— 10. (Liv., xxi., 11.)— 11. (x., 
19 or 13.) — 12. (iv., 17.) — 13. (Amm. Marc., xx., and Claud. 
Quadrig. ap. Lips., p. 300.) — 14. (Liv., xxi., 11.)— 15. (1. c.) — 

16. (c. 13.) — 17. (Liv., xxi., 34.) — 18. (Diod., xiv., 51.) — 19 
(Hirt., Bell. Gall., viii., 41.— Sil Ital., xiv., 300.)— 20. (Luc al- 
ius, 10.) 

1027 



TURRIS. 



TUTOR. 



and slingers and archers were stationed in them 
and on the tops of the towers. 1 In the lowest 
story was a battering-ram (vid. Aries), and in the 
middle, one or more bridges (pontes) made of beams 
and planks, and protected at the sides by hurdles. 
Scaling-ladders (scales) were also carried in the 
towers, and, when the missiles had cleared the 
walls, these bridges and ladders enabled the be- 
siegers to rush upon them. 

These towers were placed upon wheels (general- 
ly six or eight), that they might be brought up to 
the walls. These wheels were placed, for security, 
inside of the tower. 

The tower was built so far from the besieged 
place as to be out of the enemy's reach, and then 
pushed up to the walls by men stationed inside of 
and behind it. 2 The attempt to draw them for- 
ward by beasts of burden was sometimes made, but 
was easily defeated by shooting the beasts. 3 They 
were generally brought up upon the Agger,* and it 
not unfrequently happened that a tower stuck last 
or fell over on account of the softness of the agger. 5 
They were placed on the agger before it was com- 
pleted, to protect the soldiers in working at it. 6 
When the tower was brought up to the walls with- 
out an agger, the ground was levelled before it by 
means of the Musculus. 

These towers were accounted most formidable 
engines of attack. They were opposed in the fol- 
lowing ways : 

1. They were set on fire, either by sallies of the 
besieged, or by missiles carrying burning matter, 
or by letting men down from the walls by ropes, 
close to the towers, while the besiegers slept. 7 

2. By undermining the ground over which the 
tower had to pass, so as to overset it. 8 

3. By pushing it off, by main force, by iron-shod 
beams, assures or trabes. 9 

4. By breais..:^ or overturning it with stones 
thrown from catapults when it was at a distance, 
or, when it came close to the wall, by striking it 
with an iron-shod beam, hung from a mast on the 
wall, and thus resembling an Aries. 

5. By increasing the height of the wall, first 
with masonry, and afterward with beams and planks, 
and also by the erection of temporary wooden tow- 
ers on the walls. 10 This mode of defence was an- 
swered by the besiegers in two ways. Either the 
agger on which the tower stood was raised, as by 
Cassar at the siege of Avaricum, 11 or a smaller tower 
was constructed within the upper part of the tower, 
and, when completed, was raised by screws and 
ropes. 12 On these towers in general, see Lipsius. 13 

III. Caesar 1 * describes a peculiar sort of tower, 
which was invented at the siege of Massilia, and 
called turris latericia or laterculum. It partook 
somewhat of the character both of a fixed and of a 
besieging tower. It was built of masonry near the 
walls of the town to afford the besiegers a retreat 
from the sudden sallies of the enemy ; the builders 
were protected by a movable cover, and the tower 
was pierced with windows for shooting out missiles. 

IV. Towers in every respect similar to the turres 
ambulatories, (excepting, of course, the wheels) were 
constructed on ships, for the attack of fortified pla- 
ces by sea. 15 

V. Small towers carrying a few armed men were 
placed on the back of elephants used in battle. 16 

1. (Liv., xxi., 11.) — 2. (Caesar, B. G., ii., 30, 31. — Q. Curt., 
viii., 10.)— 3. (Procop., Goth., i., ap. Lips., p. 298.)— 4. (Hirt., 
1. c.)— 5. (Liv., xxii., 17.— Q. Curt., iv., 6, $ 9.)— 6. iSall., Jug., 
76.— Cass., B. G., vii., 22.)— 7. (Veget., iv., 18.— Sil. Ital., xiv., 
305.)— 8. (Veget., iv., 20.)— 9. (Veget., 1. c.)— 10. (Cass., B. G., 
vii., 22.— Veget., iv., 19.)— 11. (B. G., 1. c.)— 12. (Veget., 1. c.)— 
13. (Polior. in Oper., iii., 296, 356.)— 14. (B. C, ii., 8,9.)— 15. 
(Amm. Marcell., xxi., 12. — Liv., xxiv., 34. — Appian, Mithi., 73. 
—Bell Civ., v., 106.)— 16. (Liv., xxxvii., 40.) 
1028 



VI. The words rcvp-yoc and turris are apphert to 
an army drawn up in a deep oblong column. 1 ( Vid. 
Army, Greek, p. 101.) 

TUTE'LA. (Vid. Tutors 

TUTE'L^E ACTIO. (Vid. Tutor, p. 1030.) 

TUTOR. The difference between a tutor and 
tutela, and curator and curatela, is explained in the 
article Curator. 

A tutor derived his name a " tuendo" from pro- 
tecting another (quasi tuitor). His power and office 
were " tutela," which is thus defined by Servius 
Sulpicius : 2 " Tutela est vis ac potestas in capile libe- 
ro ad tuendum eum qui propter atatem suam (sua) 
sponte se defender e nequit jure civili data ac permissa." 
After the word "suam" it has been suggested by 
Rudorff that something like what follows has been 
omitted by the copyists : " eamve qua propter sex- 
um," a conjecture which seems very probable. The 
word tutela implies, of course, the existence of an 
object, and hence tutela expresses both the status 
of the tutor and that of the person who was in tu- 
tela. 

As to the classification of the different kinds 
(genera) of tutela, the jurists differed. Some made 
five genera, as Quintus Mucius ; others three, as 
Servius Sulpicius ; and others two, as Labeo. The 
most convenient division is into two genera, the tu- 
tela of Impuberes (pupilli, pupillcc), and the tutela 
of women. 

Every paterfamilias had power to appoint by tes- 
tament a tutor for his children who were in his 
power : if tbey were males, only in case they were 
impuberes ; if they were females, also in case they 
were marriageable (nubiles), that is, above twelve 
years of age. Therefore, if a tutor was appointed 
for a male, he was released from the tutela on at- 
taining puberty (fourteen years of age), but the 
female still continued in tutela, unless she was re- 
leased from it by the jus liberorum under the lex 
Julia et Papia Poppaea. A man could only appoint 
a tutor for his grandchildren in case they would 
not, upon his death, come into the power of their 
father. A father could appoint a tutor for postumi, 
provided they would have been in his power if 
they had been born in his lifetime. A man could 
appoint a tutor for his wife in manu, and for his 
daughter-in-law (nurus) who was in the manus of 
his son. The usual form of appointing a tutor was 
this : " Lucrum Titium liberis meis tutor em do." A 
man could also give his wife in manu the power of 
choosing a tutor (tutoris optio) ; and the optio might 
be either plena or angusta. She who had the plena 
optio might choose (and consequently change) her 
tutor any number of times ; she who had the an- 
gusta optio was limited in her choice to the number 
of times which the testator had fixed. (Vid. Tes- 

TAMENTUM.) 

The power to appoint a tutor by will was either 
given or confirmed by the Twelve Tables. The 
earliest instance recorded of a testamentary tutor is 
that of Tarquinius Priscus being appointed by the 
will of Ancus, 3 which may be taken to prove this 
much at least, that the power of appointing a tutor 
by will was considered by the Romans as one of 
their oldest legal institutions. The nearest kins- 
men were usually appointed tutores ; and if a testa- 
tor passed over such, it was a reflection on their 
character,* that is, we must suppose, if the testator 
himself was a man in good repute. Persons named 
and appointed tutores by a will were tutores dativi ; 
those who were chosen under the power given by a 
will were tutores optivi. 5 

1. (Gell., x., 9. — Cato, De Re Milit. ap. Fest., s. v. Serrs 
proeliarii, p. 344, Miiller.— Eustath. ad Horn , II., xii., 43.) — 2. 
(Dig. 26, tit. 1, s. 1.)— 3. (Liv., i., 34.)— 4. (Cic, Pro P. Sextio 
52.)— 5. (Gaius, i., 154.) 



TUTOR. 



TUTOR. 



If the testator appointed no tutor by his will, the 
titela was given by the Twelve Tables to the near- 
est agnati, and such tutores were called legitimi. 
The nearest agnati were also the heredes in case 
of the immediate heredes of the testator dying in- 
testate and without issue, and the tutela was, there- 
fore, a right which they claimed as well as a duty 
imposed on them. Persius 1 alludes to the claim of 
the tutor as heres to his pupillus. A son who was 
pubes was the legitimus tutor of a son who was im- 
pubes ; and if there was no son who was pubes, 
the son who was impubes had his father's brother 
(patruus) for his tutor. The same rule applied to 
females also, till it was altered by a lex Claudia. 
If there were several agnati in the same degree, 
they were all tutores. If there were no agnati, the 
tutela belonged to the gentiles, so long as the jus 
gentilicium was in force. 3 The tutela in which a 
freedman was with respect to his patronus was also 
legitima ; not that it was expressly given by the 
words (lex) of the Twelve Tables, but it flowed from 
the lex as a consequence (per consequentiam 3 ) ; for 
as the hereditates of intestate liberti and libertae 
belonged to the patronus, it was assumed that the 
tutela belonged to him also, since the Twelve Ta- 
bles allowed the same persons to be tutors in the 
case of an ingenuus, to whom they gave the heredi- 
tas in case there was no suus heres.* 

If a free person had been mancipated to another 
either by the parent or coemptionator, and such 
other person manumitted the free person, he be- 
came his tutor fiduciarius by analogy to the case of 
freedman and patron. 5 ( Vid. Emancipatio, Fiducia.) 

If an impubes had neither a tutor dativus nor le- 
gitimus, he had one given to him, in Rome, under 
the provisions of the lex Atilia, by the praetor ur- 
banus and the major part of the tribuni plebis ; in 
the provinces, in such cases, a tutor was appointed 
by the presides under the provisions of the lex Ju- 
lia et Titia. (Vid. Julia Lex et Titia.) If a tutor 
was appointed by testament either sub condicione 
or ex die certo, a tutor might be given under these 
leges so long as the condition had not taken effect 
or the day had not arrived : and even when a tutor 
had been appointed absolutely (pure), a tutor might 
be given under these leges so long as there was no 
heres ; but the power of such tutor ceased as soon 
as there was a tutor under the testament, that is, 
as soon as there was a heres to take the hereditas. 
If a tutor w r as captured by the enemy, a tutor was 
also given under these leges, but such tutor ceased 
to be tutor as soon as the original tutor returned 
from captivity, for he recovered his tutela jure post- 
liminii. 

Before the passing of the lex Atilia, tutors were 
given by the praetor in other cases, as, for instance, 
when the legis actiones were in use, the praetor ap- 
pointed a tutor if there was any action between a 
tutor and a woman or ward, for the tutor could not 
give the necessary authority (auctoritas) to the acts 
of those whose tutor he was in a matter in which 
his own interest was concerned. Other cases in 
which a tutor was given are mentioned by Ulpian.* 

Ulpian's division of tutores is into legitimi, sena- 
tus consultis constituti, moribus introducti. His 
legitimi tutores comprehend all those who become 
tutores by virtue of any lex, and specially by the 
Twelve Tables : accordingly, it comprises tutores 
in the case of intestacy, tutores appointed by testa- 
ment, for they were confirmed by the Twelve Ta- 
bles, and tutores appointed under any other lex, as 
the Atilia. Various senatus consulta declared in 
what cases a tutor might be appointed : thus the 



I. (ii., 12.)— 2. (Compare Gaius, iii., 17, and i., 164.) — 3. 
(Ulp., Frag., tit. \Y)-A. (Gaius, L, 165.)— 5 (Compare Gaius, 
i 166, with Ulp., Frag., tit. 11. s. 5.)— 6. (Frag., tit. 11.) 



lex Julia de maritandis ordinibus (Papia et Poppaea/ 
enacted that the praetor should appoint a tutor for a 
woman or a virgin, who was required to marry by 
this law, " ad dotem dandam, dicendam, promitten- 
damve" if her legitimus tutor was himself a pupil- 
his : a senatus consultum extended the provision to 
the provinces, and enacted that in such case the 
praesides should appoint a tutor, and also that, if a 
tutor was mutus or furiosus, another should be ap- 
pointed for the purposes of the lex. The case 
above mentioned of a tutor being given in the case 
of an action between a tutor and his ward, is the 
case of a tutor moribus datus. In the imperial pe- 
riod, from the time of Claudius, tutores extra ordi- 
nem were appointed by the consuls also. 

Only those could be tutores who were sui juris, 
a rule which excluded women among other persons 
A person could not be named tutor in a testament 
unless he had the testamentifactio with the testa- 
tor, a rule which excluded such persons as peregrini. 
The Latini Juniani were excluded by the lex Junia. 1 
Many persons who were competent to be tutores 
might excuse themselves from taking the office ; 
these grounds of excuse (excusationcs) were, among 
others, age, absence, the being already tutor in 
other cases, the holding of particular offices, and 
other grounds, which are enumerated in the Frag- 
menta Vaticana. 3 

The power of the tutor w r as over the property, 
not the person of the pupillus ; and the passage of 
the Twelve Tables, which gives or confirms to a 
testator the power of disposing of his property, uses 
the phrase, Uti legassit super pecunia tutelave sua 
rei, that is, the tutela of the property. It might hap- 
pen that the tutores, from their nearness of blood 
and other causes, might have the guardianship of 
the impubes ; but then the protection of the proper 
ty of the impubes was the special office of the tutor, 
and the care of the infant belonged to the mother, 
if she survived (custodia matrum 3 ). In a case men- 
tioned by Livy,* where the mother and the tutores 
could not agree about the marriage of the mother's 
daughter, the magistratus decided in favour of the 
mother's power (secundum parentis arbitrium). 

A pupillus could do no act by which he diminish 
ed his property, but any act to which he was a 
party was valid, so far as concerned the pupillus, if 
it w r as for his advantage. Consequently, a pupillus 
could contract obligationes which were for his ad- 
vantage without his tutor. 5 The tutor's office was 
" negotia gerere et auctoritatem interponerc.''' 6 The 
negotiorum gestio, in which the tutor acted alone, 
took place when the pupillus was an infans, or ab- 
sent, or furiosus : it was his duty to preserve and 
improve the property, and to do all necessary acts 
for that purpose. When the pupillus was no longer 
infans, he could do various acts with the auctoritas 
of his tutor : the auctoritas was the consent of the 
tutor to the act of the pupillus, which was neces- 
sary in order to render it a legal act. Thus it was 
a rule of law that neither a woman nor a pupillus 
could alienate a res mancipi without the auctoritas 
of a tutor : a woman could alienate a res nee man- 
cipi without such consent, but a pupillus could not. 7 
The incapacity of the pupdlus is best shown by the 
following instance : if his debtor paid a debt to the 
pupillus, the money became the property of the 
pupillus, but the debtor was not released, because 
a pupillus could not release any duty that was due 
to himself without the auctoritas of his tutor, for 
he could alienate nothing without such auctoritas, 
and to release his debtor was equivalent to parting 
with a right. Still, if the money really became a 



1. (Gaius, i., 23.)-2. (123-247.)— 3. (liar., Kp„ i., 1, 22.)- 
(iv., 9.)— 5. (Gains, iii., 107.: -6. (Ulp., Frag., tit. 11, s. 25.) — 
7. (Gaius, ii., 60.) 

1029 



TUTOR. 



TUTOR. 



part of the property of the pupillus, or, as it was 
expressed according to the phraseology of the Ro- 
man law, si ex ea pecunia locupletior f actus sit, and 
he afterward sued for it, the debtor might answer 
his demand by an exceptio doli mali. 1 The subject 
of the incapacity of impuberes, and the consequent 
necessity of the auctoritas of a tutor, is farther ex- 
plained in the articles Impubes and Infans. 

The tutela was terminated by the death or capi- 
tis diminutio maxima and media of the tutor. The 
case of a tutor being taken prisoner by the enemy 
has been stated. 2 A legitimus tutor became dis- 
qualified to be tutor legitimus if he sustained a capi- 
tis diminutio minima, which was the case if he al- 
lowed himself to be adopted ; 3 but this was not the 
case with a testamentary tutor. The tutela ceased 
by the death of the pupillus or pupilla, or by a capi- 
tis diminutio, as, for instance, the pupilla coming 
in manum viri. It also ceased when the pupillus 
or pupilla attained the age of puberty, which in the 
male sex was fourteen, and in the female was 
twelve. {Vid. Impubes.) The tutela ceased by the 
abdicatio of the testamentary tutor, that is, when 
he declared " nolle se tutor em esse.'" The tutor legit- 
imus could not get rid of the tutela in this manner, 
but he could effect it by in jure cessio, a privilege 
which the testamentary tutor had not. The person 
to whom the tutela was thus transferred was called 
cessicius tutor. If the cessicius tutor died, or sus- 
tained a capitis diminutio, or transferred the tutela 
to another by the in jure cessio, the tutela reverted 
to the legitimus tutor. If the legitimus tutor died, 
or sustained a capitis diminutio, the cessicia be- 
came extinguished. Ulpian adds,* " as to what 
concerns adgnati, there is now no cessicia tutela, 
for it was only permitted to transfer by the in jure 
eessio the tutela of females, and the legitima tutela 
of females was done away with by a lex Claudia, 
except the tutela patronorum." The power of the 
legitimus tutor to transfer the tutela is explained 
when we consider what was his relation to the fe- 
male. (Vid. Testamentum.) 

The tutela of a tutor was terminated when he 
was removed from the tutela as suspcctus, or when 
his excusatio was allowed to be justa ; but in both 
of these cases a new tutor would be necessary. 5 

The tutor, as already observed, might be removed 
from his office if he was misconducting himself : 
this was effected by the accusatio suspecti, which 
is mentioned in the Twelve Tables. 6 

The Twelve Tables also gave the pupillus an 
action against the tutor in respect of any misman- 
agement of his property, and if he made out his 
case, he was entitled to double the amount of the 
injury done to his property. This appears to be the 
action which in the Pandect is called rationibus dis- 
trahendis, for the settlement of all accounts between 
the tutor and his pupillus. There was also the ju- 
dicium tutelae. which comprehended the actio tutelae 
directa and contraria, and, like the actio distrahendis 
rationibus, could only be brought when the tutela 
was ended. The actio tutela? directa was for a 
general account of the property managed by the tu- 
tor, and for its delivery to the pupillus, now become 
pubes. The tutor was answerable not only for loss 
through dolus malus, but for loss occasioned by 
want of proper care. This w r as an action bona? 
fidei, and, consequently, in incertum. 7 If the tutor 
was condemned in such a judicium, the conse- 
quence was infamia. {Vid. Infamia.) The tutor 
was entitled to all proper allowances in respect of 
what he had expended or done during his manage- 
ment of the property of the pupillus. The tutor had 

i. (Guius, ii., 84. — Oic, Top, 11.)— 2. (Gaius, i., 187.) — 3. 
(Id. i. 195— Ulp., Frag., tit. 11, s. 13.)— 4. (Frag., tit. 11, s. 8.) 
— 5 (Gaius, i., 182.) — 6. (Id., 1. c. — Dirksen, Uebersicht, &c, 
der Zwftjf Tafeln, 59V604 )— 7. (Gaius, iv., 62.) 
1030 



the actio tutelae contraria against the pupillus toi 
all his proper costs and expenses ; and he might 
have also a calumniae judicium, in case he could 
show that the pupillus had brought an action against 
him from malicious motives. 

In order to secure the proper management of the 
property of a pupillus or of a person who was in 
curatione, the praetor required the tutor or curator 
to give security ; but no security was required from 
testamentary tutores, because they had been select- 
ed by the testator ; nor, generally, from curatores 
appointed by a consul, praetor, or praeses, for they 
were appointed as being fit persons. 1 

The tutela of women who are puberes requires 
a separate consideration, in which it will not be 
possible to avoid some little repetition. 

It was an old rule of Roman law that a woman 
could do nothing "sine auctore,^ that is, without a 
tutor to give to her acts a complete legal character. 2 
The reasons for this rule are given by Cicero, 3 by 
Ulpian,* and by Gaius ; 5 but Gaius considers the 
usual reasons as to the rule being founded on the 
inferiority of the sex as unsatisfactory ; for women 
who are puberes {pcrfecto atatis) manage their own 
affairs, and, in some cases, a tutor must interpose 
his auctoritas (dicis causa), and frequently he is com- 
pelled to give his auctoritas by the praetor. 6 Ulpian 
also observes : 7 "in the case of pupilli and pupillae, 
tutores both manage their affairs and give their 
auctoritas (et ncgotia gerunt et auctoritatem intcr- 
ponunt) ; but the tutores of women (mulieres, that 
is, women who are puberes) only give their auctori- 
tas." There were other cases, also, in which the 
capacity of a mulier was greater than that of a pu- 
pillus or pupilla. The object of this rule seems to 
have been the same as the restriction on the testa- 
mentary power of women, for her agnati, who were 
a woman's legitimi tutores, were interested in pre- 
venting the alienation of her property. 

A mulier might have a tutor appointed by her 
father's testament, or by the testament of her hus- 
band, in whose hand she was. She might also re- 
ceive from her husband's will the tutoris optio. 
Women who had no testamentary tutor were in 
the tutela of their agnati, until this rule of law was 
repealed by a lex Claudia, which Gaius 8 illustrates 
as follows : " a masculus impubes has his frater 
pubes or his patruus for his tutor ; but women 
{f amino) cannot have such a tutor." This old tu 
tela of the Twelve Tables {legitima tutela) and that 
of manumissores ( patronorum tutela) could be trans- 
ferred by the in jure cessio, while that of pupilli 
could not, "being," as Gaius observes, "not oner- 
ous, for it terminated with the period of puberty." 
But, as already suggested, there were other reasons 
w r hy the agnati could part with the tutela, which in 
the case of patroni are obvious. The tutela of 
patroni was not included within the lex Claudia. 
The tutela fiduciaria was apparently a device of the 
lawyers for releasing a woman from the tutela legit 
ima, 9 though it seems to have been retained after 
the passing of the lex Claudia, as a general mode 
by which a woman changed her tutor. 10 To effect 
this, the woman made a " coemptio fiducia causa;'"' 
she was then remancipated by the coemptionator 
to some person of her own choiae: this person 
manumitted her vindicta, and thus became her tutor 
fiduciarius. Thus the woman passed from her own 
familia to another, and her agnati lost all claims 
upon her property, and her tutor fiduciarius might 
be compelled by the praetor to give his auctoritas to 
her acts. 11 

A tutor dativus was given to women under the 



1. (Gaius, i., 199.)— 2. (Liv., xxxiv., 2.)— 3. (rVo Mureua, c. 
12.)— 4. (Frag., tit. 11. s. 1.) — 5. (Gams, i., 190.) —6. (Id. ib.) 
— 7. (Frag., tit. 11, s. 25.) — 8. (i., 157.) — 9. (<Ji:., J. c.) — ltt 
(Gaius, i., 115.)— 11. (Id., i., 190 ; ii., 122.) 



TUTOR. 



TWELVE TABLES. 



tex Atiha when there was no tutor, and in other 
cases which have been already mentioned. 1 The 
vestal virgins were exempt from all tutela ; and 
both ingenuae and libertinae were exempted from 
tutela by the jus liberorum. 2 The tutela of faeminae 
was determined by the death of the tutor or that 
of the woman, and by her acquiring the jus liber- 
orum, either by bearing children or from the impe- 
rial favour. The abdicatio of the tutor and the in 
jure cessio (so long as the in jure cessio was in 
use) merely effected a change of tutor. 

Mulieres differed from pupilli and pupillas in hav- 
ing a capacity to manage their affairs, and only re- 
quiring in certain cases the auctoritas of a tutor. 
If the woman was in the legitima tutela of patroni 
or parentes, the tutores could not be compelled, ex- 
cept in certain very special cases, to give their auc- 
toritas to acts which tended to deprive them of the 
woman's property, or to diminish it before it might 
come to their hands. 3 Other tutores could be com- 
pelled to give their auctoritas. The special cases 
in which the auctoritas of a tutor was required 
were, if the woman had to sue " lege," or in a legit- 
imum judicium, if she was going to bind herself by 
a contract, if she was doing any civil act, or per- 
mitting her freed woman to be in contubernium with 
the slave of another person, or alienating a res man- 
cipi. Among civil acts (civilia negotia) was the 
making of a testament, the rules as to which are 
stated in the article Testamentum. Libertae could 
not make a will without the consent of their pa- 
troni, for the will was an act which deprived the 
patron of his rights 4 as being a legitimus tutor. 
Gaius mentions a rescript of Antoninus, by which 
those who claimed the bonorum possessio secundum 
tabulas non jure factas could maintain their right 
against those who claimed it ab intestato. He 
adds, this rescript certainly applies to the wills of 
males, and also of foeminae who had not performed 
the ceremony of mancipatio or nuncupatio ; but he 
does not decide whether it applies to the testaments 
of women made without the auctoritas of a tutor ; 
and by tutor he means not those who exercised the 
legitima tutela of parents or patroni, but tutors of 
the other kind (alLerius generis*), who could be com- 
pelled to give their auctoritas. It would be a fair 
conclusion, however, that a woman's will made 
without the auctoritas of such tutores ought to be 
valid under the rescript. 

A payment made to a mulier was a release to the 
debtor, for a woman could part with res nee man- 
cipi without the auctoritas of a tutor ; if, however, 
she did not receive the money, but affected to re- 
lease the debtor by acceptilatio, this was not a valid 
release to him. 6 She could not manumit without 
the auctoritas of a tutor. 7 Gaius 8 states that no 
alienation of a res mancipi by a mulier in agnato- 
rum tutela was valid unless it was delivered with 
the auctoritas of a tutor, which he expresses by 
saying that her res mancipi could not otherwise be 
the object of usucapion, and that this was a provis- 
ion of the Twelve Tables. 9 In other cases, if a 
res mancipi was transferred by tradition, the pur- 
chaser acquired the Quiritarian ownership by usu- 
capion (vid. Usucapio) ; but in the case of a wom- 
an's res mancipi, the auctoritas of the tutor was 
required in order that usucapion might be effected. 
In another passage 10 Gaius observes that a woman 
cannot alienate her res mancipi without the auc- 
toritas of her tutor, which means that the formal 
act ©f mancipatio is null without his auctoritas ; 



1. (Gaius, i., 173, &c — Ulp., Frag., tit. 11.) — 2. (Gaius, i., 
145, 194.)— 3. (Id., 192.)— 4. (Id., iii.,43.)— 5. (Compare ii., 122, 
and i., 194, 195.) — 6. (Cic, Top., 11. — Gaius, ii.,_S3, 85; iii., 
171.) — 7. (Ulp., Frag-., tit. 1, s. 17.— Compare Cic 



c. 29.1—8. (n.. 47.)— 9 (ii., 47.)— 10. (ii., SO.) 



Pro M. CoeI., 



and such act could not operate as a traditio for want 
of his auctoritas, as appears from the other passage. 
The passage of Cicero 2 is in accordance with Gaius ; 
but another 3 is expressed so vaguely, that, though 
the explanation is generally supposed to be clear, 
it seems exceedingly doubtful, if it can be rightly 
understood. The possibility of usucapion, when 
there was the auctoritas of the tutor, appears from 
Gaius ; but it does not appear why Cicero should 
deny, generally, the possibility of usucapion of a 
woman's property when she was in legitima tu- 
tela. The passage, however, is perfectly intelligi- 
ble on the supposition of there having been a trans- 
fer without the auctoritas of a tutor, and on the 
farther supposition of Cicero thinking it unnecessa- 
ry to state the particular facts of a case which must 
have been known to Atticus.* 

The auctoritas of a tutor was not required in the 
case of any obligatio by which the woman's condi- 
tion was improved, but it was necessary in cases 
where the woman became bound. 5 If the woman 
wished to promise a dos, the auctoritas of a tutor 
was necessary. 6 By the lex Julia, if a woman 
was in the legitima tutela of a pupillus, she might 
apply to the praetor urbanus for a tutor who should 
give the necessary auctoritas in the case of a dos 
constituenda. 7 As a woman could alienate res nee 
mancipi without the consent of a tutor, she could 
contract an obligation by lending money, for by de- 
livery the money became the property of the re- 
ceiver. A senatus consultum allowed a woman \o 
apply for a tutor in the absence of her tutor, un- 
less the tutor was a patronus ; if he was a patro- 
nus, the woman could only apply for a tutor in <vr- 
der to have his auctoritas for taking possession oi ar. 
hereditas {ad hereditalcm adeundam) or contracting 
a marriage. 

The tutela of a woman was terminated by the 
death of the tutor or that of the woman ; by a 
marriage, by which she came in manum viri ; by the 
privilege of children (jus liberorum) ; by abdicatio, 
and also by the in jure cessio, so long as the agna- 
torum tutela was in use : but in these last two 
cases there was only a change of tutor. 

A woman had no right of action against her tu- 
tor in respect of his tutela, for he had not the ne- 
gotiorum gestio, but only interposed his auctoritas. 1 

(The most recent and the most complete work on 
the Roman tutela is said to be by Rudorff, the sub- 
stance of which appears to be given by Rein, Das 
Rom. Privatrecht, p. 239, &c, Dig. 26 and 27). 

TQ'TULUS was the name given to a pile of hair 
on a woman's head. Great pains were taken by 
the Roman ladies to have this part of the hair dress- 
ed in the prevailing fashion, whence we read in an 
inscription of an ornatrix a tutulo. 9 Sometimes the 
hair was piled up to an enormous height. 10 The 
tutulus seems to have resembled very much the 
Greek ic6pv/j.6oc, of which a representation is given 
in the woodcut on p. 314. 

The flaminica always wore a tutulus, which was 
formed by having the hair plaited up with a purple 
band in a conical form. 11 

TWELVE TABLES. In the year B.C. 462, the 
tribune C. Terentillus Arsa proposed a rogation 
that five men should be appointed for the purpose 
of preparing a set of laws to limit the imperiurn of 
the consuls. 13 The patricians opposed the measure, 
but it was brought forward by the tribunes in the 
following year with some modifications : the new 

1. (ii., 47.)— 2. (Pro Flacco, c. 34.)— 3. (ad Att., i., 5.)-4. 
( Vid. Casauhon's note on Cic. ad Att., i., 5.) — 5. (Gaius, i., 192 ; 
iii-, 108.— Ulp., Fra?., tit. 11, s 27.— Cic, Pro Caecin., 25.)— 6. 
(Cic, Pro Flare, 35.)— 7. (Gaius, i., 178. — Ulp., Fra?., tit. 11, 
b. 20.)— 8. (Gains, i., 191.)— 9. (Gruter, 579, 3.) — 10. (Lucan, 
ii., 358— Jin., vi., 503. — Stat., Sylv., i., 2, 114.)— 11 (Festus, 
•. v.; — 12. ^Li,., in., 9.) 

1031 



TWELVE TABLES. 



TWELVE TABLE*. 



lOgation proposed that ten men should be appointed 
{legum latores) from the plebs and the patricii, who 
w ere to make laws for the advantage of both ranks, 
and for the "equalizing of liberty," a phrase the 
•mport of which can only be understood by refer- 
ence to the disputes between the two ranks. 1 Ac- 
cording to Dionysius, 2 in the year B.C. 454 the sen- 
ate assented to a plebiscitum, pursuant to which 
commissioners were to be sent to Athens and the 
Greek cities generally, in order to make themselves 
acquainted with their laws. Three commissioners 
were appointed for the purpose. On the return of 
the commissioners, B.C. 452, it was agreed that 
persons should be appointed to draw up the code of 
laws (decemviri legibus scribundis), but they were 
to be chosen only from the patricians, with a pro- 
vision that the rights of the plebeians should be re- 
spected by the decemviri in drawing up the laws. 3 
In the following year (B.C. 451) the decemviri 
were appointed in the comitia centuriata, and du- 
ring the time of their office no other magistratus 
were chosen. The body consisted of ten patricians, 
including the three commissioners who had been 
sent abroad ; Appius Claudius, consul designatus, 
was at the head of the body. The Ten took the 
administration of affairs in turn, and the insignia of 
office were only used by him who for the time be- 
ing directed the administration. 4 Ten tables of 
laws were prepared during the year, and after be- 
ing approved by the senate, were confirmed by the 
comitia centuriata. As it was considered that 
some farther laws were wanted, decemviri were 
again elected B.C. 450, consisting of Appius Clau- 
dius and his friends ; but the second body of decem- 
viri comprised three plebeians, according to Dionys- 
ius, 5 but Livy 6 speaks only of patricians. Two 
more tables were added by these decemviri, which 
Cicero 7 calls " Duce tabula iniquarum legum." The 
provision which allowed no connubium between the 
patres and the plebs is referred to the eleventh 
table. 8 The whole Twelve Tables were first pub- 
lished in the consulship of L. Valerius and M. Ho- 
ratius, after the downfall of the decemviri, B.C. 
449. 9 This, the first attempt to make a code, re- 
mained also the only attempt for near one thou- 
sand years, until the legislation of Justinian. The 
Twelve Tables are mentioned by the Roman wri- 
ters under a great variety of names : Leges Decem- 
virales, Lex Decern viralis, Leges XII., Lex XII. 
Tabularum or Duodecim, and sometimes they are 
referred to under the names of leges and lex sim- 
ply, as being pre-eminently The Law. 

The laws were cut on bronze tablets and put up 
in a public place. 10 Pomponius 11 states that the first 
Ten Tables were on ivory {tabula eborea) : a note 
of Zimmern 12 contains references to various author- 
ities which treat of this disputed matter. After the 
burning of the city by the Gauls, it was necessary 
to reconstruct the tables. 13 It is not said that there 
had been two or more original copies, though, if the 
custom of placing laws in the aerarium was then 
in use, there may have been two copies at least. 
But whether there was only one copy, or whether 
that was found after the conflagration, the twelve 
were in some way restored, and the Romans of the 
age of Cicero had never any doubt as to the genu- 
ineness of the collection which then existed. 

The legislation of the Twelve Tables has been a 
fruitful matter of speculation and inquiry to modern 
historians and jurists, who have often handled the 



1. (Liv.,ii., lO.-Dionys., x., 3.) — 2. (x., 58, 62.) — 3. (Liv., 
iii., 32, &c.)— 4. (Liv., ni., 33.) — 5. (x., 58.) — 6. (iv., 3.)— 7. 
(De Rep., ii.,37.)— 8. (Dirksen, Uebers., <fcc, p. 740.)— 9. (Liv., 
in., 54, 57.)— 10. (Liv., iii., 57. — Diod., xii., 56.) — 11. (Dig. 1, 
tit 2, s. 2, l) 4.)— 12. (Gesch. ties Riim. Pnvatrechts, i., 101.)— 
13 (Liv., vi., 1.) 
1032 



subject in the most uncritical manner, and with ut- 
ter disregard to the evidence. As to the mission 
to the Greek cities, the fact rests on as much and 
as good evidence as most other facts of the same 
age, and there is nothing in it improbable, though 
we do not know what the commissioners brought 
back with them. It is farther said that Hermodo- 
rus, an Ephesian exile, aided the decemviri in draw- 
ing up the Twelve Tables, though his assistance 
would probably be confined to the interpretation of 
Greek laws, as it has been suggested. 1 This tradi- 
tion was confirmed by the fact of a statue having 
been erected in the comitium at Rome in memory 
of Hermodorus ; but it did not exist in the time of 
Pliny. 2 

The Twelve Tables contained matters relating 
both to the jus publicum and the jus privatum 
{fons publici privatique juris 3 ). The jus publicum 
underwent great changes in the course of yeais, 
but the jus privatum of the Twelve Tables contin- 
ued to be the fundamental law of the Roman state. 
Cicero speaks of* learning the laws of the Twelve 
Tables (ut carmen necessarium) when a boy ;* but 
he adds that this practice had fallen into disuse 
when he wrote, the Edict having then become of 
more importance. But this does not mean that the 
fundamental principles of the Twelve Tables were 
ever formally repealed, but that the jus preetorum 
grew up by the side of them, and mitigated their 
rigour. There is, indeed, an instance in which pos- 
itive legislation interfered with them, by the aboli- 
tion of the legis actionis ; but the Twelve Tables 
themselves were never repealed. The Roman wri- 
ters speak in high terms of the precision of the 
enactments contained in the Twelve Tables, and of 
the propriety of the language in which they were 
expressed. 5 That many of their provisions should 
have become obscure in the course of time, owing 
to the change which language undergoes, is noth'ng 
surprising ; nor can we wonder if the strictness of 
the old law should often have seemed unnecessa- 
rily harsh in a later age. 6 So far as we can form a 
judgment by the few fragments which remain, the 
enactments were expressed with great brevity and 
archaic simplicity. 

Sextus ^Elius Peetus Catus, in his Tripartita, com- 
mented on the Twelve Tables, and the work exist- 
ed in the time of Pomponius. ( Vid. Jus JElianum.) 
Antistius Labeo also wrote a comment on the Ta- 
bles, which is mentioned several times by Gellius. 7 
Gaius also wrote a comment on the Tables in six 
books (ad legem xii. tabularum), twenty fragments of 
which are contained in the Digest, and collected by 
Hommelius in his Palingenesia. 8 There were also 
other commentaries or explanations of the laws of 
the Twelve Tables. 9 

The notion which has sometimes been entertain- 
ed, that the Twelve Tables contained a body of 
rules of law entirely new, is not supported by any 
evidence, and is inconsistent with all that we know 
of them and of Roman institutions. It is more rea- 
sonable to suppose that they fixed in a written form 
a large body of customary law, which would be an 
obvious benefit to the plebeians, inasmuch as the 
patricians were the expounders of the law. One of 
the last two tables contained a provision which al- 
lowed no connubium between patricians and plebe- 
ians ; but it is uncertain whether this was a new 
rule of law or a confirmation of an old rule. The 
latter seems the more probable supposition ; but in 
either case it is clear that it was not one of the ob- 

1. (Slrab., p. 642, Casaub.— Pompon., De Orig Juris, Dig. 1, 
tit. 2, s. 2, v 4.)— 2. (H. N., xxxiv., 5.)— 3. (Liv., iii., 34 ) -4 
(De Leg., ii.,4, 23.)— 5. (Cic, De Rep., iv., 8.— Di »lor , xii., W i 
— 6. (Gell., xvi., 10.)— 7. (i., 12; vii., 15.)— 8, (i., 117) -8 
(Cic, De Leg., ii., 23, 25.) 



TYMPANUM 



VALERLE LEGES. 



jccts of this legislation to put the two classes on 
the same fooling. Modern writers often speak in- 
accurately of the decemviral legislation, and of the 
decemviri as enacting laws, as if the decemviri had 
exercised sovereign power ; but they did not even 
affect to legislate absolutely, for the Ten Tables 
were confirmed by the comitia centuriata, or the 
sovereign people, or, as Niebuhr expresses it, " when 
the decemviri had satisfied every objection they 
deemed reasonable, and their work was approved 
by the senate, they brought it before the centuries, 
whose assent was ratified by the curies, under the 
presidency of the colleges of priests and the sanc- 
tion of happy auspices." 1 The two new tables were 
confirmed in the same way, as we may safely con- 
clude from the circumstances of the case. 2 It 
makes no difference that the sovereign people did not 
vote on the several laws included in the Tables : 
such a mode of legislation would have been imprac- 
ticable, and, as Niebuhr observes, was not conform- 
able to the usage of ancient commonwealths. How 
far the decemviri really were able, by intrigue or 
otherwise, to carry such particular measures as 
they wished to insert in the Tables, is a different 
question : but in form their so-called legislation was 
confirmed, as a whole, by the sovereign, that is, the 
Roman people, and consequently the decemviri are 
improperly called legislators : they might be called 
code-makers. 

It is consistent with the assumption that the 
Twelve Tables had mainly for their object the im- 
bodying of the customary law in writing, to admit 
that many provisions were also introduced from the 
laws of other states. Indeed, where the Roman 
law was imperfect, the readiest mode of supplying 
the defects would be by adopting the rules of law 
that had been approved by experience among other 
people. Thus Gaius, in his Commentary on the 
Twelve Tables, where he is speaking of Collegia, 3 
says that the members of collegia may make what 
terms they please among themselves, if they there- 
by violate no publica lex ; and he adds, this lex 
seems to be taken from one of Solon's, which he 
quotes. And in another passage, when he is speak- 
ing of the actio finium regundorum, 4 he refers to a 
law of Solon as the source of certain rules as to 
boundaries. It is a possible case that the Romans 
had no written law before the enactment of the 
Twelve Tables, except a few leges, and, if this is 
so, the prudence of applying to those states which 
had bodies of written law, if it were only as samples 
and patterns of the form of legislation, is obvious. 

The fragments of the Twelve Tables have often 
been collected, but the most complete essay on their 
history, and on the critical labours of scholars and 
jurists, is by Dirksen, Uebersicht der bisherigen Ver- 
suche zur Kritik und Herstellung des Tcxtes der 
Zwolf-Tafel-Fragmente, Leipzig, 1824. Zimmern's 
Geschichte, &c, contains references to all the au- 
thorities on this subject. 

TY'MPANUM (TvfiTravov), a small drum carried in 
the hand. Of these, some resembled in all respects 
a modern tambourine with bells. Others presented 
a flat, circular disk on the upper surface, and swell- 
ed out beneath like a kettle-drum, a shape which 
ippears to be indicated by Pliny when he describes 
a particular class of pearls in the following terms : 
" Quibus una tantum est fades, et ab ea rotunditas, 
avcrsis planities, ob id tymjpania vocantur."* Both 
forms are represented in the cuts below. That 
upon the left is from a painting found at Pompeii, 6 
that on the right from a fictile vase ; 7 and here the 

*. (Engl, trans., ii., 313.)— 2. (Liv., iii., 37, 57.)— 3. (Dig. 
47, tit- 22, s. 4.)— 4. (Dig. 10, tit. 1, s. 13.)— 5. (H. N., ix., 54.) 
— 6. (Mus. Borb., torn, vii., tav. 37.) — 7. (Millin, Peintures de 
VuBp.g Antiques, pi. 56.) 
6 P 






convexity on the under side is distinctly seen. Tym- 
pana were covered with the hides of oxen 1 or of 
asses, 2 were beaten 3 with a stick* or with the 
hand 5 (see cuts), and were much employed in all 
wild, enthusiastic religious rites,* especially the or- 
gies of Bacchus and of Cybele, T and hence Plautus 1 
characterizes an effeminate coxcomb as " Maechum 
malacum, cincinnalum, umbraticolam, tympanotribam" 
According to Justin, 9 they were used by the Par- 
thians in war to give the signal for the onset. 

2. A solid wheel without spokes for heavy wag- 
ons, 10 such as is shown in the cut on page 781 
These are to this day common in the rude carts of 
southern Italy and Greece, and Mr. Fellows, 11 from 
whose work the figure below is copied, found them 
attached to the farm vehicles of Mysia. " The 
wheels are of solid blocks of 
wood or thick planks, gener- 
ally three, held together by an 
iron hoop or tire ; a loud creak- 
ing noise is made by the fric- 
tion of the galled axle," a sat- 
isfactory commentary on the 
"stridentia plaits tr a" of Virgil. 18 

3. Hence wheels of various kinds, a sort of crane 
worked by a wheel for raising weights, 13 a wheel 
for drawing water, 14 a solidtoothed wheel forming 
part of the machinery of a mill, 15 and the like. 

4. An ancient name for round plates or chargers, 
such as were afterward called lances and stater <z. 16 

5. An architectural term, signifying the flat sur- 
face or space within a pediment, and also the square 
panel of a door. 17 

6. A wooden cudgel for beating malefactors, and 
also a beating- post to which they were tied when 
flogged ; hence the Greex; verbs rvfnravi&iv and 
aTTOTVfLTraviCeiv are formed. 18 

U. V. 

VACA'NTIA BONA. (Vid. Bona Vacantia.. 

VACA'TIO. (Vid. Army, Roman, p. 102 ; Em- 
eriti.) 

^VACCIN'IUM, most probably the Delphinium 
Ajacit, or Larkspur. (Vid. Hyacinthus.) 

VADIMO'NIUM, VAS. (Vid. Actio, p. 18; 

VAGFNA. (Vid. Gladius.) 

VALE'RLE LEGES, proposed by the consul P. 
Valerius Publicola, B.C. 508, enacted, 1. That who 
ever attempted to obtain possession of royal power 
should be devoted to the gods, together with his 
substance ; 19 and, 2. That whoever was condemned 
by the sentence of a magistrate to be put to death, 

1. (Ovid, Fast., iv., 342.— Stat., Theb., ii., 78.)— 2. (Phaedr., 
iii., 20, 4.J— 3. (Suet., Octav., 68.)— 4. (Phsedr., 1. c.)— 5. (Ovid, 
Met., iv., 30.)— 6. (Aristoph., Lysist., i., 387.)— 7. (Catull., lxiv., 
262. — Claud., De Cons. Stilich., iii., 365. — Lucret.. ii., 618. — 
Catull., lxiii., 8. — Virg., JEn., ix., 619. — Claud., Eutrop., i., 
278.— Compare Lobeck, Aglaoph., p. 630, 652.)— 8. (True, ii., 7 
49.)— 9. (xli., 2.) — 10. (Virg., Georg., iv., 444.)— 11. (Exc. ir. 
Asia Minor, p. 72.) — 12. (Georg., iii., 536.) — 13. (Lucret., iv., 
903. — Vitruv., x., 4.) — 14. (Id., x., 15.) — 15. (Id., x., 9, 10.) 
—16. (Plin.. H. N., xxxiii., 52.)— 17. (Vitruv., iii., 3 ; iv., 6.)- 
18. (Schol. ad Aristoph., Plut., 476.--St. Paul, Ep. to Hebrew^ 
xi., 35. — Pollux, Onom., viii., 70.)— 19. (Liv., ii., ° — Plut. 
Publ., 11, 12) 

1032 



VALLUM. 



VANNUS. 



to fee scourged, or to be fined, should possess the 
right of appeal (provocatio) to the people. 1 Niebuhr' 
has pointed out that the patricians possessed pre- 
viously the right of appeal from the sentence of a 
magistrate to their own council the curies, and that, 
therefore, this law of Valerius only related to the 
plebeians, to whom it gave the right of appeal to 
the plebeian tribes, and not to the centuries. This 
6eems to be proved by a passage of Dionysius, 3 and 
also by the fact that the laws proposed by the Va- 
lerian family respecting the right of appeal are 
spoken of as one of the chief safeguards of the lib- 
erty of the plebs.* The right of appeal did not 
extend beyond a mile from the city, 5 where the 
unlimited imperium began, to which the patricians 
were just as much subject as the plebeians. 

VALE'RLE ET HORA'TLE LEGES were 
three laws proposed by the consuls L. Valerius and 
M. Horatius, B.C. 449, in the year after the decem- 
virate. 1. The first law is said to have made a 
plebiscitum binding on the whole people, respecting 
the meaning of which expression see Plebiscitum. 
2. The second law enacted that whoever should 
procure the election of a magistrate without appeal 
should be outlawed, and might be killed by any one 
with impunity.' 3. The third law renewed the 
penalty threatened against any one who should 
harm the tribunes and the aediles, to whom were 
now added the judges and decemvirs (" Ut qui 
tribunis plebis, cedilibus, judicibus, decemviris nocuis- 
set, ejus caput Jovi sacrum essct, familia ad eadem 
Ccreris liberi liber aque venum ireV 1 ). There has 
been considerable dispute as to who are meant by 
the " judices" and " decemviri" in this passage. Ar- 
nold 8 supposes that they refer to two new offices, 
which were to be shared equally between the two 
orders,, the "judices" being two supreme magis- 
trates, invested with the highest judicial power, and 
discharging also those duties afterward performed 
by the censors, and the " decemviri" being ten trib- 
unes of the soldiers, to whom the military power 
of the consuls was transferred. Niebuhr 9 supposes 
the centumviri to be meant by the judices, and that 
the decemviri were the supreme magistrates, who 
were again to take the place of the consuls, as soon 
as it should be settled what share the commonalty 
ought to have in the curule dignities ; only he im- 
agines that it was the plebeian decemvirs alone 
that are meant in this passage. 

VALE'RIA LEX, proposed by the consul M. 
Valerius, B.C. 300, re-enacted for the third time 
the celebrated law of his family respecting appeal 
(provocatio) from the decision of a magistrate. The 
law specified no fixed penalty for its violation, leav- 
ing the judges to determine what the punishment 
should be. 10 We do not know why this law was 
re-enacted at this particular time. 

VALLUM, a term applied either to the whole or 
a portion of the fortifications of a Roman camp. It 
is derived from vallus (a stake), and properly means 
the palisade which ran along the outer edge of the 
agger, but it very frequently includes the agger also. 
The vallum, in the latter sense, together with the 
fossa or ditch which surrounded the camp outside 
of the vallum, formed a complete fortification. ( Vid. 
Agger.) 

The valli (xdpaicec), of which the vallum, in the 
former and more limited sense, was composed, are 
described by Polybius 11 and Livy, 12 who make a com- 
parison between the vallum of the Greeks and that 
of the Romans, very much to the advantage of the 

1. (Dionys., v., 19, 70.— Cic, De Republ., ii., 31.— Li v., ii., 8.) 
—2. (i., p. 531.)— 3. (ix., 39.)— 4. (Liv., iii., 55, 56.)— 5. (Id., 
iii., 20.)— 6. (Id., iii., 55; iv., 13.— Cic, De Rep., ii., 31.)— 7. 
(Liv., iii., 55.)— 8. (i., p. 317, &c.)— 9. (ii., p. 368.)— 10. (Liv., 
i., 9.)- 11. (xvii., i., 1.)— -12. (xxxiii., 5.) 
1034 



latter. Both used for valli young trees, or arms of 
larger trees, with the side branches on them ; but 
the valli of the Greeks were much larger, and had 
more branches than those of the Romans, which 
had either two or three, or, at the most, four branch- 
es, and these generally on the same side. The 
Gfeeks placed their valli in the agger at considera- 
ble intervals, the spaces between them being filled 
up by the branches ; the Romans fixed theirs close 
together, and made the branches interlace, and 
sharpened their points carefully. Hence the Greek 
vallus could easily be taken hold of by its large 
branches and pulled from its place, and when it was 
removed a large opening was left in the vallum. 
The Roman vallus, on the contrary, presented no 
convenient handle, required very great force to pull 
it down, and, even if removed, left a very small 
opening. The Greek valli were cut on the spot ; 
the Romans prepared theirs beforehand, and each 
soldier carried three or four of them when on a 
march. 1 They were made of any strong wood, but 
oak was preferred. 

The word vallus is sometimes used as equivalent 
to vallum* 

A fortification like the Roman vallum was used 
by the Greeks at a very early period. 3 

Varro's etymology of the word is not worth 
much. 4 

In the operations of a siege, when the place could 
not be taken by storm, and it became necessary to 
establish a blockade, this was done by drawing de- 
fences similar to those of a camp round the town, 
which was then said to be circumvallatum. Such a 
circumvallation, besides cutting off all communica- 
tion between the town and the surrounding country, 
formed a defence against the sallies of the besieged. 
There was often a double line of fortifications, the 
inner against the town, and the outer against a force 
that might attempt to raise the siege. In this case 
the army was encamped between the two lines of 
works. 

This kind of circumvallation, which the Greeks 
called aTToreixiGixoc and nepLreLxtofioc, was employed 
by the Peloponnesians in the siege of Plataeae. 3 
Their lines consisted of two walls (apparently of 
turf) at the distance of 16 feet, which surrounded 
the city in the form of a circle. Between the walls 
were the huts of the besiegers. The walls had bat- 
tlements (ekoX^eic), and at every tenth battlement 
was a tower, filling up by its depth the w T hole 
space between the walls. There was a passage 
for the besiegers through the middle of each tower. 
On the outside of each wall was a ditch (ratypos). 
This description would almost exactly answer for 
the Roman mode of circumvallation, of which some 
of the best examples are that of Carthage by Scipio, 6 
that of Numantia by Scipio, 7 and that of Alesia bj 
Caesar. 8 The towers in such lines were similar to 
those used in attacking fortified places, but not so 
high, and, of course, not movable. 9 (Vid. Tukkis » 

VALLUS. (Vid. Vallum.) 

VALV^E. (Vid. Janua, p. 525.) 

VANNUS (Xticpoc, Iikvov), a winnowing- van, i. c, 
a broad basket, into which the corn mixed with 
chaff (acus, axvpa) was received after thrashing, 
and was then thrown in the direction of the wind. 10 
It thus performed with greater effect and conveni- 
ence the office of the pala lignea, or winnowing- 
shovel. (Vid. Pala, p. 715.) Virgil 11 dignifies this 
simple implement by calling it mystica vannus lac- 

1. (Polyb., 1. c— Virg., Georg., iii., 346, 347.— Cic, Tusc, ii.. 
16.)-2. (C£es., Bell. Civ., iii., 63.)— 3. (Horn., II., ix., 349, 350.) 
—4. 'L. L., v., 117, ed. Muller.)— 5. (Thucyd., ii , 78 ; iii., 20- 
23.)— 6. (Appian, Pun., 119, &c.)— 7. (Id., Hisp., 90.)— 8. (Bell. 
Gall., vii., 72, 73.)— 9. (Lips., De Mil. Rom., v., 5, in Oper., iii., p. 
156, 157.— Id., Poliorc, ii., 1, in Oper., iii., 282.)— 10. (Col., D* 
Re Rust., ii., 21— Viig., Georg., iii., 134.)— 11. (Georg., i., 166) 



VECTIGALU. 



VECTIGALiA. 



ehi. The rites of Bacchus, as well as those of 
Ceres, having a continual reference to the occupa- 
tions of rural life, the vannus was borne in the pro- 
cessions celebrated in honour of both these divinities. 
Hence AtKvirjjg 1 was one of the epithets of Bac- 
chus. In an Antefixa in the British Museum (see 
the annexed woodcut) the infant Bacchus is carried 
in a vannus by two dancing bacchantes clothed in 
skins (vid. Pellis), the one male and carrying a 
Thyrsus, the other female and carrying a torch. 
Vid. Fax.) Other divinities were sometimes con- 



hM^MiUU%J^MIMmMkJ^^ 




ceived to have been cradled in the same manner. 3 
The vannus was also used in the processions to 
carry the instruments of sacrifice and the first-fruits 
or other offerings, those who bore them being called 
the Tiinvodopoi. 3 

VA'RIA LEX. ( Vid. Majestas.) 

VAS. (Vid. Prjes.) 

VATFNIA LEX. (Vid. Lex, p. 586.) 

UDO, a sock of goat's-hair or felt.* Hesiod 5 ad- 
vises countrymen to wear brogues (pcrones, nap- 
BaTLvai) made of ox-hide, with socks of the above 
description within them. Socks of a finer felt were 
sometimes worn by the Athenians. 6 

VECTIGA'LIA is the general term for all the 
regular revenues of the Roman state. 7 The word 
is derived from veho, and is generally believed to 
have originally signified the duties paid upon things 
imported and exported (qua vehebantur). If this 
were true, it would necessarily imply that these 
duties were either the most ancient or the most im- 
portant branch of the Roman revenues, and that, for 
either of these reasons, the name was subsequently 
used to designate all the regular revenues in gen- 
eral. But neither point is borne out by the history 
of Rome, and it seems more probable that vectigal 
means any thing. which is brought (vehitur) into the 
public treasury, like the Greek <j>6poc. The earliest 
regular income of the state was, in all probability, 
the rent paid for the use of the public land and pas- 
tures. This revenue was called pascua, a name 
which was used as late as the time of Pliny, 8 in the 
tables or registers of the censors, for all the reve- 
nues of the state in general. 

The senate was the supreme authority in all mat- 
ters of finance ; but, as the state itself did not occupy 
itself with collecting the taxes, duties, and tributes, 
the censors were intrusted with the actual busi- 
ness. These officers, who in this respect may not 
unjust^ be compared to modern ministers of finance, 
used to i^t the various branches of the revenue to 
the publicani for a fixed sum and for a certain num- 
Der of years. (Vid. Censor, Publicani.) 

As most of the branches of the public revenues 



1. (Hesych., s. v.) — 2. (Callim., Jov., 48. — Schol. in loc — 
Horn., Hymn, in Merc, 254.) — 3. (Callim. in Cer., 127.)— 4. 
(Mart., xiv., 140.)— 5. (Op. et Dies, 542.)— 6. (Cratinus, p. 19, 
ed. Runkel .)- ■ 7. (Cic, Pro Le?. Mauil., 6.)— 8. (H. N., x viii., 3.) 



of Rome are treated of in separate articles, it is 
only necessary to give a list of them here, and to 
explain those which have not been treated of sep- 
arately. 

1. The tithes paid to the state by those who oc- 
cupied the ager publicus. (Vid. Decum^e, Agrari^k 
Leges.) 

2. The sums paid by those who kept their cattle 
on the public pastures. (Vid. Scriptura.) 

3. The harbour duties raised upon imported and 
exported commodities. (Vid. Portorium.) 

4. The revenue derived from the salt-works (sali- 
ncc). Ancus Marcius is said to have first established 
salt-works at Ostia •/ and as they were public prop- 
erty, they were probably let out to farm. The pub 
licani appear, however, at times to have sold this 
most necessary of all commodities at a very high 
price, whence, during the w r ar with Porsenna, the 
Republic itself undertook the direct management 
of the salinae of Ostia, in order that the people might 
obtain salt at a more moderate price. 2 Subsequent- 
ly the salinae were again farmed by the publican), 
but the censors M. Livius and C. Claudius fixed the 
price at which those who took the lease of them 
were obliged to sell the salt to the people. At 
Rome the modius was, according to this regulation, 
sold for a sextans, while in other parts of Italy the 
price was higher and varied. 3 The salt-works in 
Italy and in the provinces were very numerous ; in 
conquered countries, however, they were sometimes 
left in the possession of their former owners (per 
sons or towns), who had to pay to Rome only a 
fixed rent. Others, again, were worked, and the 
produce sold in the name of the state, or were, like 
those of Ostia, farmed by the publicani.* 

5. The revenues derived from the mines (metalla) 
This branch of the public revenue cannot have been 
very productive until the Romans had become mas- 
ters of foreign countries. Until that time the mines 
of Italy appear to have been worked, but this was 
forbidden by the senate after the conquest of foreign 
lands. 5 The mines of conquered countries were 
treated like the salinae, that is, they were partly 
left to individuals or towns, on condition of a cer- 
tain rent being paid, 6 or they were worked for the 
direct account of the state, or were farmed by the 
publicani. In the last case, however, it appears al- 
ways to have been fixed by the lex censoria how 
many labourers or slaves the publicani should be 
allowed to employ in a particular mine, as other- 
wise they would have been able to derive the most 
enormous profits. 7 Among the most productive 
mines belonging to the Republic, we may mention 
the rich gold-mines near Aquileia, 8 the gold-mines 
of Ictimuli, near Vercelli, in which 25,000 men were 
constantly employed, 9 and, lastly, the silver-mines 
in Spain, in the neighbourhood of Carthago Nova, 
which yielded every day 25,000 drachmas to the 
Roman aerarium. 10 Macedonia, Thrace, Illyricum, 
Africa, Sardinia, and other places, also contained 
very productive mines, from which Rome derived 
considerable income. 

6. The hundredth part of the value of all things 
which were sold (centesima rerum venalium). This 
tax was not instituted at Rome until the time of the 
civil wars ; the persons who collected it were called 
coactores. 11 Tiberius reduced this tax to a two 
hundredth (duccntesima), and Caligula abolished it 
for Italy altogether, whence upon several coins of 
this emperor we read It. C. C, that is, Remissa 

1. (Liv., i., 33. — Plin., II. N., xxxi., 41.)— 2. (Gronovius ad 
Liv., ii., 9.) — 3. (Liv., xxix., 37.) — 4. (Burmann, Vectig. Pop. 
Rom., p. 90, &c.) — 5. (Plin., II. N., xxxiii., 4; xxxvii., 13.) — 8. 
(Id. ib., xxxiv., 1.)— 7. (Id. ili., xxxiii., 4.) — 8. (Polyb., xxxiT., 
10.)— 9. (Plin., H. N, xxxiii., 4— Strab.,v.,p. 151.)— 10. (Polyb., 
xxxiv., 9. — Compare Liv., xxxiv., 21.) — 11 (Cic , Ep. ad Brut., 
i., 18; ProRab. Post., 11.) 

1035 



VELUM. 

Vucentesima. 1 According to Dion Cassius, 3 Tibe- 
rius restored the centesima, which was afterward 
abolished by Caligula. 3 Respecting the tax raised 
upon the sale of slaves, see Quinquagesima. 

7. The vieesima hereditatium et manumissionum. 
{Vid. Vicesima.) 

8. The tribute imposed upon foreign countries 
was by far the most important branch of the public 
revenue during the time of Rome's greatness. It 
was sometimes raised at once, sometimes paid by 
instalments, and sometimes changed into a poll-tax, 
which was in many cases regulated according to 
the census. 4 In regard to Cilicia and Syria, we 
know that this tax amounted to one per cent, of a 
person's census, to which a tax upon houses and 
slaves was added. 5 In some cases the tribute was 
not paid according to the census, but consisted in 
a land-tax. 6 

9. A tax upon bachelors. (Vid. Uxorium.) 

10. A door-tax. (Vid. Ostiarium.) 

11. The octavcB. In the time of Caesar, all liberti 
living in Italy, and possessing property of 200 ses- 
tertia and above it, had to pay a tax consisting of 
the eighth part of their property. 7 

It would be interesting to ascertain the amount 
of income which Rome at various periods derived 
from these and other sources, but our want of in- 
formation renders it impossible. We have only the 
general statement that, previously to the time of 
Pompey, the annual revenue amounted to fifty mill- 
ions of drachmas, and that it was increased by him 
to eighty-five millions. 8 Respecting the sums con- 
tained at different times in the aerarium at Rome, 
see Pliny. 9 

VEHES (bxvpa), a load of hay, manure, or any- 
thing which was usually conveyed in a cart. ( Vid. 
Plaustrum.) Pliny speaks of " a large load of hay" 
(vehem fceni large onustam 10 ), which shows that this 
term did not always denote a fixed quantity. With 
the Romans, however, as with us, the load was like- 
wise used as a measure, a load of manure being 
equal to eighty modii, which was about twenty 
bushels. 11 The trunk of a tree, when squared, was 
also reckoned a load, the length varying according 
to the kind of timber, viz., 20 feet of oak, 25 of fir, 
&c. 12 A load was also called Carpentum. 

VELARIUM. (Vid. Velum.) 

VELA'TI was a name given to the Accensi in 
the Roman army, who were only supernumerary 
soldiers ready to supply any vacancies in the legion. 
(Vid. Accensi.) They were called Velati, because 
they were only clothed (velati) with the saga, and 
were not regularly armed. 13 

VE'LITES. ( Vid. Army, Roman, p. 104.) 

VELLEIA'NUM SENATUS CONSULTUM. 
(Vid. Intercessio, p. 542.) 

VELUM (av?\,aia, li TTapairerao/ia, 15 KaraTZETaa/xa 16 ), 
a curtain, (lariov) a sail. In private houses cur- 
tains were either hung as coverings over doors, 17 or 
they served in the interior of the house as substi- 
tutes for doors. 18 (Vid. House, p. 515; Janua, p. 
526.) In the palace of the Roman emperor, a slave, 
called velarius, was stationed at each of the princi- 
pal doors to raise the curtain when any one passed 



1. (Tacit., Ann., i., 78 : ii., 42.— Suet., Calig., 16.)— 2. (lviii., 
16; lix., 9.) — 3. (Coaip. Dig. 50, tit. 16, s. 17, $ 1.) — 4. (Cic, 
c. Verr., i.., 53, 55, &c— Paus., vii., 16.)— 5. (Cic. ad Fam., hi., 
8; ad Att., f., 16. — Appian, De Reb. Syr., 50.) — 6. (Appian, 
De Bell. Civ., v., 4.— Compare Walter, Gesch. des Rom. Rechts, 
p. 224, &c.)— 7. (Dion Cass., 1., 10.)— 8. (Plut., Pomp., 45.)— 9. 
"II. N., xxxhi., 17. — Burmann, De Vectig. Pop. Rom. — Hege- 
wisch, Versucn iiber die Rom. Finanz. — Bosse, Grundziige des 
Finanzw. Rom. Staat.) — 10. (Plin., H. N., xxxvi., 15, s. 24.) — 
.1. (Col., De Re Rust., ii., 15, 16 ; xi., 2.)— 12. (Col., 1. c.)— 13. 
(Festus, s. v. Velati, Adscripticii.) — 14. (Theophr., Char., 5. — 
Athen., v., p. 196, c. — Pollux, Onom., iv., 122.) — 15. (Plato, 
Polit., p. 294, ed. Bekker.— Syues., Epist., 4.)— 16. (St. Matth., 
*xvii., 51.) — 17. (Suet., Claud., 10.) — 18. (Sen., Epist., 81.) 
1036 



VELUM. 

through. 1 Window-curtains were used m addition 
to window-shutters. 2 Curtains sometimes formed 
partitions in the rooms, 3 and, when drawn aside, 
they were kept in place by the use of large hrooches. 
( Vid. Fibula, p. 439.) Iron curtain-rods 1' <ve been 
found extending from pillar to pillar in .'. juilding 
at Herculaneum.* 

In temples curtains served more especir dy to veil 
the statue of the divinity. They were dr/.wn aside 
occasionally, so ?js to discover the object of worship 
to the devout. 5 (Vid. Pastophorus.) Antiochus 
presented to the Temple of Jupiter at Olympia a 
woollen curtain of Assyrian manufacture, dyed with 
the Tyrian purple, and interwoven with figures 
When the statue was displayed, this curtain laj 
upon the ground, and it was afterward drawn up by 
means of cords ; whereas, in the Temple of Diana 
at Ephesus, the corresponding curtain or veil was 
attached to the ceiling, and was let down in order 
to conceal the statue. 6 The annexed woodcut is 
from a bas-relief representing two females engaged 







in supplication and sacrifice before the statue of a 
goddess. The altar is adorned for the occasion 
(vid. Sertum), and the curtain is drawn aside and 
supported by a terminus. 7 

In the theatres there were hanging curtains tc 
decorate the scene. 8 The Siparium was extended 
in a wooden frame. The velarium was an awning 
stretched over the whole of the cavea to protec 
the spectators from the sun and rain. 9 Thes< 
awnings were in general either woollen or linen ; bu« 
cotton was used for this purpose a little before tfew 
time of Julius Caesar, and was continued in use by 
him. 10 This vast extent of canvass was supported 
by masts (mail 11 ) fixed into the outer wall. Ths 
annexed woodcut shows the form and position of 




the great rings, cut out of lava, which remain on 
the inside of the wall of the Great Theatre at Pom 
peii, near the top, and which are placed at regulai 

1. (Inscr. ap. Pignor., De Servis, p. 470.) —2. (Juv., ix., 60.) 
— 3. (Phn., Epist., iv., 19.) — 4. (Gell, Pomp., i., p. 160, Lond., 
1832.)— 5. (Apul., Met., xi., p. 127, ed. Aldi.) — 6. (Paus., v., 12, 
^ 2.)— 7 (Guattani, Mon. Ined., per 1786, Nov. T., hi.)— 8. 
(Virg., Georg., hi., 25 — Propert.. iv., 1, 15)— 9. (Juv., iv., 121 
—Suet., Calig.,26.)— 10. (Plin., H. N., xix.,1, s. 6.— Dion Cass* 
xlhi., 24 — Lucret., vi., 108.)— 11. (Lucret., 1. c.) 



VENATIO. 



VENATIO. 



distances, and one of them above another, so that 
each mast was fixed into two rings. Each ring is 
of one piece with the stone behind it. At Rome we 
observe a similar contrivance in the Coliseum ; but 
the masts were in that instance ranged on the out- 
side of the wall, and rested on 240 consoles, from 
which they rose so as to pass through holes cut in 
the cornice. The holes for the masts are also seen 
in the Roman theatres at Orange and other places. 

Velum, and much more commonly its derivative 
velamen, denoted the veil worn by women. 1 That 
worn by a bride was specifically called flammeum 
[vid. Marriage, p. 625) : another special term was 
Rica. Greek women, when they went abroad, 
often covered their heads with the shawl (vid. Pe- 
plum), thus making it serve the purpose of a veil. 
But they also used a proper headdress, called na- 
IvTTpa* which, besides serving to veil their counte- 
nances whenever they desired it, was graceful and 
ornamental, and was therefore attributed to Venus 3 
and Pandora.* The veil of Ilione, the eldest daugh- 
ter of Priam, was one of the seven objects preserved 
at Rome as pledges of the permanency of its power. 5 

Velum also meant a sail (Ict'lov (vid. Ships, p. 
393), AaZpof 6 ). Sailcloth was commonly linen, and 
was obtained in great quantities from Egypt ; but it 
was also woven at other places, such as Tarquinii in 
Etruria. 7 But cotton sailcloth (carbasa) was also 
userf, as it is still in the Mediterranean. The sep- 
arate pieces (lintca) were taken as they came from 
the loom,, and were sewed together. This is shown 
in ancient paintings of ships, in which the seams 
are distinct and regular. 

VENA'BULUM, a hunting-spear. This may have 
been distinguished from the spears used in warfare 
by being barbed; at least it is often so formed in 
ancient works of art representing the story of Mele- 
ager 8 and other hunting-scenes. It was seldom, if 
ever, thrown, but held so as to slant downward, and 
to receive the attacks of the wild boars and other 
beasts of chase. 9 

VENALICI A'RII. ( Vid. Servus, Roman, p. 886.) 

VENA'TIO, hunting, was the name given among 
the Romans to an exhibition of wild beasts, which 
fought with one another and with men. These ex- 
hibitions originally formed part of the games of the 
circus. Julius Cassar first built a wooden amphi- 
theatre for the exhibition of wild beasts, which is 
calier': 0) ^)ion Cassius 10 dearpov KvvrjyeTiKov, and 
the same nar^s is given to the amphitheatre built 
by StatiliusTdurvs, 11 and also to the celebrated one 
of Titus ; ia bui, e';ep after the erection of the latter, 
we frequently rei d f venationes in the circus. 18 
The persons who ibugnt with the beasts w 7 ere either 
condemned crimvT ds or captives, or individuals who 
did so for the sake of pay, and were trained for the 
purpose. (Vid. Bestiarii.) 

The Romans were as passionately fond of this 
entertainment as of the exhibitions of gladiators, 
and during the latter days of the Republic and un- 
der the Empire an immense variety of animals was 
collected from all parts of the Roman world for the 
gratification of the people, and many thousands were 
frequently slain at one time. We do not know on 
what occasion a venatio was first exhibited at 
Rome, but the first mention we find of anything of 
the kind is in the year B.C. 251, when L. Metellus 
exhibited in the circus 142 elephants, which he had 
brought from Sicily after his victory over the Car- 

1. (Prudent., c. Symm., ii., 147.) —2. (Apollod., ii., 6, $ 6. — 
JElian, V. H., vii., 9.)— 3. (Paus., iii., 15, $ 8.— Brunck, Anal., 
ii.. 459.)— 4. (Hes.,Theog., 573.)— 5. (Serv. in Virg., JEn., vii., 
188.)— 6. (Callim., Epig., v., 4.— Eurip., Hec, 109.)— 7. (Liv., 
xxviii, , 45.)— 8. (Bartoli, Admir., 84.)— 9. (Virg., ^n., iv., 131 ; 
ix, 553. — Varro, L. L., viii., 53, ed. Miiller. — Apul., Met., viii., 
p 78, 83, ed. Aldi.)— 10 (xliii., 22.)— 11. (Id., Ii., 23.)— 12. (Id., 
Ixvi..24.)— 13. (Spart., Hadr., 19.— Vopisc, Prob., 19.) 



thagmians, and which were killed in th3 circus a<* 
cording to Verrius, though other writers do not 
speak of their slaughter. 1 But this can scarcely be 
regarded as an instance of a venatio, as it was un- 
derstood in later times, since the elephants are said 
to have been only killed because the Romans did 
not know what to do with them, and not for the 
amusement of the people. There was, however, a 
venatio in the latter sense of the word in B.C. 186, 
in the games celebrated by M. Fulvius in fulfilment 
of the vow which he had made in the JEtolian war; 
in these games lions and panthers were exhibited. ? 
It is mentioned as a proof of the growing magnifi- 
cence of the age, that in the ludi circenses exhibit- 
ed by the curule asdiles P. Cornelius Scipio Nasica 
and P. Lentulus, B.C. 168, there were 63 African 
panthers, and 40 bears and elephants. 3 From about 
this time combats with wild beasts probably formed 
a regular part of the ludi circenses, and many of 
the curule asdiles made great efforts to obtain rare 
and curious animals, and put in requisition the ser- 
vices of their friends.* Elephants are said to have 
first fought in the circus in the curule asdileship of 
Claudius Pulcher, B.C. 99, and, twenty years after- 
ward, in the curule aedileship of the two Luculli, 
they fought against bulls. 5 A hundred lions were 
exhibited by Sulla in his praetorship, which were 
destroyed by javelin-men sent by King Bocchus for 
the purpose. This was the first time that lions were 
allowed to be loose in the circus ; they were previ- 
ously always tied up. 6 The games, however, in the 
curule aedileship of Scaurus, B.C. 58, surpassed 
anything the Romans had ever seen ; among other 
novelties, he first exhibited an hippopotamus and 
five crocodiles in a temporary canal or trench (eun- 
fus 1 ). At the venatio given by Pompey in his sec- 
ond consulship, B.C. 55, upon the dedication of the 
Temple of Venus Victrix, and at which Cicero was 
present, 9 there was an immense number of animals 
slaughtered, among which we find mention of 600 
lions, and 18 or 20 elephants : the latter fought with 
Gaetulians, who hurled darts against them, and they 
attempted to break through the railings (clathn) by 
which they were separated from the spectators.' 
To guard against this danger, Julius Cassar sur- 
rounded the arena of the amphitheatre with trench 
es (euripi). 

In the games exhibited by J. Cassar in his third 
consulship, B.C. 45, the venatio lasted for five days, 
and was conducted with extraordinary splendour. 
Camelopards or giraffes were then for the first time 
seen in Italy. 10 Julius Caesar also introduced bull- 
fights, in which Thessalian horsemen pursued the 
bulls round the circus, and, when the latter were 
tired out, seized them by the horns and killed them. 
This seems to have been a favourite spectacle ; it 
was repeated by Claudius and Nero. 11 In the games 
celebrated by Augustus, B.C. 29, the hippopotamus 
and the rhinoceros were first exhibited, according 
to Dion Cassius ; ia but the hippopotamus is spoken 
of by Pliny, as mentioned above, in the games giv 
en by Scaurus. Augustus also exhibited a snake 
50 cubits in length, 13 and thirty-six crocodiles, which 
are seldom mentioned in the spectacles of later 
times. 14 

The occasions on which venationes were exhibited 
have been incidentally mentioned above. The) 
seem to have been first confined to the ludi circen 



1. (Plin., H. N.,viii., 6.)— 2. (Liv., xxxix., 22.) — 3. (Liv., 
xliv., 18.)— 4. (Compare Ccelius's letter to Cicero, ad Fain., vii:., 
9.)— 5. (Plin., H. N., viii., 7.)— 6. (Senec, De Brev. Vit., 13.)- 
7. (Plin., H., N-., viii., 40.)— 8. (Cic. ad Fam., vii., 1.)— 9. (Se 
nee, 1. c— Plin., H. N., viii., 7, 20.)— 10. (Dion Cass., xlni., 23 
— Suet., Jul., 39.— Plin., II. N., viii., 7.— Appian, R C, ii., 102 
—Veil. PatPic, ii., 56.) — 11. (Plin., II. N., vui., 70. — Suet^ 
Claud., 21.— Dion Cass., lxi., 9.)— 12. (Ii., 22 1—13. (Suet., O* 
tav., 43.)— 14 (Dion Cass., Iv , 10.) 

1037 



VENATIO. 



VENEFICIUM. 



tees, out during the later times of the Republic and 
undir the Empire they were frequently exhibited 
on the celebration of triumphs, and on many other 
occasions, with the view of pleasing the people. 
The passion for these shows continued to increase 
under the Empire, and the number of beasts some- 
times slaughtered seems almost incredible. At the 
consecration of the great amphitheatre of Titus, 
5000 wild beasts and 4000 tame animals were kill- 
ed, 1 and in the games celebrated by Trajan, after 
his victories over the Dacians, there are said to 
have been as many as 11,000 animals slaughtered. 3 
Under the emperors we read of a particular kind of 
venatio, in which the beasts were not killed by bes- 
tiarii, but were given up to the people, who were 
allowed to rush into the area of the circus and carry 
away what they pleased. On such occasions a 
number of large trees, which had been torn up by 
the roots, was planted in the circus, which thus re- 
sembled a forest, and none of the more savage ani- 
mals were admitted into it. A venatio of this kind 
was exhibited by the elder Gordian in his aedileship, 
and a painting of the forest, with the animals in it, is 
described by Julius Capitolinus. 3 One of the most 
extraordinary venationes of this kind was that given 
by Probus, in which there were 1000 ostriches, 1000 
stags, 1000 boars, 1000 deer, and numbers of wild 
goats, wild sheep, and other animals of the same 
kind.* The more savage animals were slain by the 
bestiarii in the amphitheatre, and not in the circus. 
Thus, in the day succeeding the venatio of Probus 
just mentioned, there were slain in the amphithea- 
tre 100 lions and the same number of lionesses, 



100 Libyan and 100 Syrian leopards, and 300 bears. 
It is unnecessary to multiply examples, as the above 
are sufficient to give an idea of the numbers and 
variety of animals at these spectacles ; but the list 
of beasts which were collected by the younger Gor- 
dian for his triumph, and were exhibited by his 
successor Philip at the secular games, deserve men 
tion on account of their variety and the rarity of 
some of them. Among these we find mention of 
32 elephants, 10 elks, 10 tigers (which seem to have 
been very seldom exhibited), 60 tame lions, 30 tame 
leopards, 10 hyaenas, an hippopotamus and rhinoce- 
ros, 10 archoleontes (it is unknown what they were), 
10 camelopards, 20 onagri (wild asses, or, perhaps, 
zebras), 40 wild horses, and an immense number of 
similar animals. 2 

How long these spectacles continued is uncertain, 
but they were exhibited after the abolition of the 
shows of gladiators. There is a law of Honorius 
and Theodosius, providing for the safe convoy of 
beasts intended for the spectacles, and inflicting a 
penalty of five pounds of gold upon any one who 
injured them. 3 They were exhibited at this period 
at the praetorian games, as we learn from Symma- 
chus.* Wild beasts continued to be exhibited in 
the games at Constantinople as late as the time of 
Justinian. 5 

In the bas-reliefs on the tomb of Scaurus at Pom 
peii, there are representations of combats with wild 
beasts, which are copied in the following woodcuts 
from Mazois.® On the same tomb gladiatorial com- 
bats are represented, which are figured on p. 4^7 
of this work. 




The first represents a man naked and unarmed 
between a lion and a panther. Persons in this de- 
fenceless state had, of course, only their agility to 
trust to in order to escape from the beasts. In the 
Becond cut we see a similar person, against whom 



a wild boar is rushing, and who appears to be pre- 
paring for a spring to escape from the animal. In 
the same relief there is a wolf running at full speed, 
and also a stag with a rope tied to his horns, who 
has been pulled down by two wolves or dogs. Th*> 





♦hird relief is supposed by Mazois to represent the j training of a bestiarius. The latter has a spear 



tu 





each hand ; his left leg is protected by greaves, and 
he is in the act of attacking a panther, whosecnove- 
ments are hampered by a rope, which tastens him 
to the bull behind him, and which accordingly places 
the bestiarius in a less dangerous position, though 
more caution and activity are required than if the 
beast were fixed to a certain point. Behind the bull 
another man stands with a spear, who seems to be 
urging on the animal. The fourth woodcut repre- 
sents a man equipped in the same way as the mata- 
dor in the Spanish bullfights in the present day, 
namely, with a sword in one hand and a veil in the 



1. (Suet., Tit., 7.— Dion Cass., lvi., 25.)— 2. (Id., lxviii., 15.)- 
3. ,'Gordian, 3.)— 4 (Vopisc, Prob., 19.) 
1038 



other. The veil was first employed in the arena in 
the time of the Emperor Claudius. 7 





ta* 



VENEFFCIUM, the crime ol poisoning, is fre- 
quently mentioned in Roman history. Women 



1. (Vopisc, 1. c.)— 2. (Id., Gord., 33.)— 3. (Cod.,xi., tit. 44.)— 
4. (Enist., ix., 70, 71, 126, &c.)— 5. (Procop , Hist. Arc, c. 9.) 
—6. (Pomp., i., pi. 32, 33.)-7. (Plin., II N., viii., 21.) 



VENEFICIUM. 



VESTALES. 



wr.i most addicted to it ; but it seems not improb- 
able that this charge was frequently brought against 
females without sufficient evidence of their guilt, 
like that of witchcraft in Europe in the Middle 
Ages. We find females condemned to death for 
t'.iis crime in seasons of pestilence, when the pop- 
ular mind is always in an excited state, and ready to 
attribute the calamities under which they suffer to 
the arts of evil-disposed persons. Thus the Athe- 
nians, when the pestilence raged in their city during 
the Peloponnesian war, supposed the wells to have 
been poisoned by the Peloponnesians j 1 and similar 
instances occur in the history of almost all states. 
Still, however, the crime of poisoning seems to have 
been much more frequent in ancient than in modern 
times ; and this circumstance would lead persons to 
suspect it in cases when there was no real ground 
for the suspicion. Respecting the crime of poison- 
ing at Athens, see $APMAKQN TPA^H. 

The first instance of its occurrence at Rome in 
any public way was in the consulship of M. Clau- 
dius Marcellus and C. Valerius, B.C. 331, when the 
city was visited by a pestilence. After many of the 
leading men of the state had died by the same kind 
of disease, a slave-girl gave information to the cu- 
rule aediles that it was owing to poisons prepared by 
the Roman matrons. Following her information, 
they surprised about twenty matrons, among whom 
were Cornelia and Sergia, both belonging to patri- 
cian families, in the act of preparing certain drugs 
over a fire ; and being compelled by the magistrates 
to drink these in the Forum, since they asserted that 
they were not poisonous, they perished by their 
own wickedness. Upon this farther informations 
were laid, and as many as a hundred and seventy 
matrons were condemned. 2 We next read of poi- 
soning being carried on upon an extensive scale as 
one of the consequences of the introduction of the 
worship of Bacchus. 3 (Vid. Dionysia, p. 365.) In 
B.C. 184, the praetor Q. Naevius Matho was com- 
manded by the senate to investigate such cases (de 
veneficiis quarere) : he spent four months in the in- 
vestigation, which was principally carried on in the 
municipia and conciliabula, and, according to Vale- 
rius of Antium, he condemned 2000 persons.* We 
again find mention of a public investigation into ca- 
ses of poisoning by order of the senate in B.C. 180, 
when a pestilence raged at Rome, and many of the 
magistrates and other persons of high rank had per- 
ished. The investigation was conducted in the 
city and within ten miles of it by the praetor C. 
Claudius, and beyond the ten miles by the praetor 
C. Maenius. Hostilia, the widow of the consul C. 
Calpurnius, who had died in that year, was accused 
of having poisoned her husband, and condemned on 
what appears to have been mere suspicion. 5 Cases 
of what may be called private poisoning, in opposi- 
tion to those mentioned above, frequently occurred. 
The speech of Cicero in behalf of Cluentius sup- 
plies us with several particulars on this subject. 
Under the Roman emperors it was carried on to a 
great extent, and some females, who excelled in the 
art, were in great request. One of the most cele- 
brated of these was Locusta, who poisoned Clau- 
dius at the command of Agrippina, and Britannicus 
at that of Nero, the latter of whom even placed 
persons under her to be instructed in the art.* 

The first legislative enactment especially directed 
against poisoning was a law of the dictator Sulla — 
lex Cornelia de Sicariis et Veneficis — passed in 
B.C. 82, which continued in force, with some alter- 
ation^ to the latest times. It contained provisions 



I. ri'hucyd., ii.,48.)— 2. (Liv., viii., 18.— Compare Val. Max., 
i!., 5, 9 3.— Augustin, De Civ. Dei, iii., 17.)— 3. (Liv., xxxix, 8.) 
—4. .Id, xxxix., 38, 41.)— 5. (Id., xl, 37.)— 6. (Tacit., Ann., 
in 6'j ; xin., IV— Suet., Ner., 33.— Juv., i.. 71.) 



against all vvho made, bought, scld, posseseed, or 
gave poison for the purpose of poisoning. 1 The 
punishment fixed by this law was, according to 
Marcian, the deportatio in insulam and the confisca 
tion of property ; but it was more probably the in 
terdictio aquae et ignis, since the deportatio under 
the emperors took the place of the interdictio, and 
the expression in the Digest was suited to the time 
of the writers or compilers. (Vid. Cornelia Lex. 
de Sicariis, &c., p. 308.) By a senatus consultum 
passed subsequently, a female who gave drugs or 
poison for the purpose of producing conception, even 
without any evil intent, was banished (rclegatus), if 
the person to whom she administered them died in 
consequence. By another senatus consultum, all 
druggists (pigmeniarii) who administered poisons 
carelessly, " purgationis causa," were liable to the 
penalties of this law. In the time of Marcian (that 
of Alexander Severus)this crime was punished cap- 
itally in the case of persons of lower rank (humili- 
orcs), who w T ere exposed to wild beasts, but persons 
of higher rank (altiores) were condemned to the de- 
portatio -in insulam. 9 

The word veneficium was also applied to potions, 
incantations, &c., 3 whence we find vencjicus and 
venejica used in the sense of a sorceror and sor- 
ceress in general. 

VER SACRUM (erog lepov). It was a custom 
among the early Italian nations, especially among 
the Sabines, in times of great danger and distress, 
to vow to the deity the sacrifice of everything born 
in the next spring, that is, between the first of 
March and the last day of April, if the calamity un- 
der which they were labouring should be removed.* 
This sacrifice, in the early times, comprehended both 
men and domestic animals, and there is little doubt 
that in many cases the vow was really carried into 
effect. But in later times it was thought cruel to 
sacrifice so many innocent infants, and, according- 
ly, the following expedient was adopted. The chil- 
dren were allowed to grow up, and in the spring of 
their twentieth or twenty-first year they were, with 
covered faces, driven across the frontier of their 
native country, whereupon they went whithersoever 
fortune or the deity might lead them. Many a col- 
ony had been founded by persons driven out in this 
manner ; and the Mamertines in Sicily were the de 
scendants of such devoted persons. 5 In the two 
historical instances in which the Romans vowed a 
ver sacrum, that is, after the battle of Lake Trasi- 
menus and at the close of the second Punic war, 
the vow was confined to domestic animals, as was 
expressly stated in the vow. 6 
VERBE'NA. (Vid. Sagmina.) 
VERBENA'RIUS. (Vid. Fetialis.) 
VERNA. ( Vid. Servtjs, Roman, p. 884, 886.) 
VERSO IN REM ACTIO. (Vid. Servus, Ro- 
man, p. 884.) 

VER,SU'RA. ( Vid. Interest of Money, p. 547.) 
VERU, VERUTUM. ( Vid. Hasta, p. 489.) 
VESP.E, VESPILLO'NES. (Vid. Funus, p. 459.) 
VESTA'LES, the virgin priestesses of Vesta, 
who ministered in her temple and watched the 
eternal fire. Their existence at Alba Longa is con- 
nected with the earliest Roman traditions, for Sil- 
via, the mother of Romulus, was a member of the 
sisterhood ; 7 their establishment in the city, in com- 
mon with almost all matters connected with state 
religion, is generally ascribed to Numa, 8 who se- 



1. (Cic, Pro Cluent., 54.— Marcian, Dig. 48, tit. 8, s 3.— Inst., 
iv.,tit. 18, 8. 5.)— 2. (Dig., I.e.)— 3. (Cic, Brut., 60.- Pet., 118.) 
— 4. (Fest., s. v. Ver Sacrum. — Liv., xxii., 9, 10; xxxiv., 44. — 
Strab., v., p. 172. — Sisenna ap. Non., xii., 18. — Serv. ad Virer., 
<En., vii., 796.) — 5. (Fest., 1. c, and s. v. Mamertirj — Compare 
Dionys., i., 16 — Plin., II. N., iii., 18. — Justin, xxiw, 4. — Liv., 
xxxiii., 44.)— 6. (Liv., 1. c— Plut., Fab. Max., 4.)— 7. (Liv., i., 
20.— Dionys., i., 76.)— 8. (Dionys., ii., 65.— Plut.. Num., 10.) 

>03Q 



VESTALES 



VESTAJ.ES. 



»ected four (their names are given in Plutarch), two 
from the Titienses and two from the Raranes, 1 and 
two more were subsequently added from the Luce- 
res by Tarquinius Priscus according to ore authori- 
ty,* by Ser^ius Tullius according to another. 3 This 
i umber of six remained unchanged at the time 
when Plutarch wrote, and the idea that it was af- 
terward increased to seven rests upon very unsatis- 
factory evidence.* 

They were originally chosen (capere is the tech- 
nical word) by the king, 5 and during the Republic 
and Empire by the pontifex maximus. It was ne- 
cessary that the maiden should not be under six nor 
above ten years of age, perfect in all her limbs, in 
the full enjoyment of all her senses, patrima et ma- 
r.rima (vid. Patrimi), the daughter of free and free- 
born parents who had never been in slavery, who 
followed no dishonourable occupation, and whose 
home was in Italy. 6 The lex Papia ordained that, 
when a vacancy occurred, the pontifex maximus 
should name at his discretion twenty qualified dam- 
sels, one of whom was publicly (in condone) fixed 
upon by lot, an exemption being granted in favour 
of such as had a sistei already a vestal, and of the 
daughters of certain prists of a high class. 7 The 
above law appears to have been enacted in conse- 
quence of the unwillingness of fathers to resign all 
control over a child ; and this reluctance was mani- 
fested so strongly in later times, that in the age of 
Augustus libertines were declared eligible. 8 The 
casting of lots, moreover, does not seem to have 
been practised if any respectable person came for- 
ward voluntarily and offered a daughter who ful- 
filled the necessary conditions. As soon as the 
election was concluded, the pontifex maximus took 
the girl by the hand and addressed her in a solemn 
form, preserved by Aulus Gellius from Fabius Pictor : 
Sacerdotem. Vestalem. Qum. Sacra. Faciat. Qu^e. 
Ious. Siet. Sacerdotem. Vestalem. Facere. Pro. 
Populo. Romano. Quiritium. Utei. Qu^:. Optima. 
Lege. Fovit. Ita. Te. Amata. Capio., where the title 
Amata seems simply to signify "beloved one," and 
not to refer, as Gellius supposes, to the name of one 
of the original vestals ; at least no such name is to be 
found in the list of Plutarch alluded to above. Af- 
ter these words were pronounced she was led away 
to the atrium of Vesta, and lived thenceforward with- 
in the sacred precincts, under the special superin- 
tendence and control of the pontifical college. 9 

The period of service lasted for thirty years. 
During the first ten the priestess was engaged in 
learning her mysterious duties, being termed disci- 
pula ; 10 during the next ten in performing them ; du- 
ring the last ten in giving instructions to the novi- 
ces ;" and so long as she was thus employed, she 
was bound by a solemn vow of chastity. But after 
the time specified was completed, she might, if she 
thought fit, throw off the emblems of her office, 12 
unconsecrate herself (exaugurare 13 ), return to the 
world, and even enter into the marriage state. 14 
Few, however, availed themselves of these privi- 
leges ; those who did were said to have lived in 
sorrow and remorse (as might, indeed, have been 
expected from the habits they had formed) ; hence 
such a proceeding was considered ominous, and the 
priestesses, for the most part, died as they had 
lived, in the service of the goddess. 15 

1. (Dionys., ii, 67. — Festus, s. v. Sex Vestae.) — 2. (Plut., 
Num., 1. c.) — 3. (Dionys., iii., 67.) — 4. {Vid. Mfemoires de 
l'Academie des Inscript., torn, iv., p. 167.— Ambros., Epist., v., 31, 
c. Symmach., and the remarks of Liparius.) — 5. (Liv., i., 3, 20\ 
—Dionys., 11. cc.)— 6. (Gell., i., 12.)— 7. (Gell., 1. c.)— 8. (Dion 
Cass., Iv., 22— Suet., Octav.,31.)— 9. (Dionys., ii.,67.— Liv.,iv., 
44; viii., 15.— Plin., Ep., iv., 11.— Suet., Octav., 31.— Gell., i., 
12.)— 10. (Val. Max., i., 1, t) 7.)— 11. (Dionys., 1. c— Plut., 1. c— 
S.^ner., De Vit. Beat., 29.)— 12. (Dionys., 1. c.)— 13. (Gell., vi., 
7.) — 14. (Hut., I.e.) — 15. (Tacit., Ann., ii., 86. — Inscr. quoted 
by Gronov ad Tacit., Ann., iii., 64. 
1040 



The senior sistei was entitled Vcslalis Maxima, 
or Virgo Maxima 1 (rj Tvpecdevovoaf r\ apxeepeia 3 ) and 
we find also the expressions Vestalium vetustissi- 
mam* and tres maxima. 6 

Their chief office was to watch by turns, night 
and day, the everlasting fire which blazed upon the 
altar of Vesta (Virginesque Vestales in urbe cus- 
todiunto ignem foci publici sempiternum 6 ), its ex- 
tinction being considered as the most fearful of all 
prodigies, and emblematic of the extinction of the 
state. 7 If such misfortune befell, and was caused 
by the carelessness of the priestess on duty, she 
was stripped and scourged by the pontifex maximus, 
in the dark and with a screen interposed, and he re- 
kindled the flame by the friction of two pieces of 
wood from afelix arbor. 6 Their other ordinary du- 
ties consisted in presenting offerings to the goddess 
at stated times, and in sprinkling and purifying the 
shrine each morning with water, which, according 
to the institution of Numa, was to be drawn from 
the Egerian fount, although in later times it was 
considered lawful to employ any water from a living 
spring or running stream, but not such as had pass- 
ed through pipes. When used for sacrificial purpo- 
ses it was mixed with muries, that is, salt which 
had been pounded in a mortar, thrown into an 
earthen jar, and baked in an oven. 9 They assisted, 
moreover, at all great public holy rites, such as the 
festivals of the Bona Dea, 10 and the consecration of 
temples j 11 they were invited to priestly banquets ; la 
and we are told that they were present at the sol- 
emn appeal to the gods made by Cicero during the 
conspiracy of Catiline. 13 They also guarded the sa- 
cred relics which formed the fatale -pi gnus imperii* 
the pledge granted by fate for the permanency of 
the Roman sway, deposited in the inmost adytum 
(penus Vestce 1 *), which no one was permitted to en- 
ter save the virgins and the chief pontifex. What 
this object was no one knew : some supposed that 
it was the palladium ; others, the Samothracian gods 
carried by Dardanus to Troy, and transported from 
thence to Italy by iEneas ; but all agreed in believing 
that something of awful sanctity was here preserv- 
ed, contained, it w T as said, in a small earthen jar 
closely sealed, while another exactly similar in 
form, but empty, stood by its side. 13 

We have seen above that supreme importance 
was attached to the purity of the vestals, and a 
terrible punishment awaited her who violated the 
vow of chastity. According to the law of Numa, 
she was simply to be stoned to death, 1 ' but a more 
cruel torture was devised by Tarquinius Priscus, 17 
and inflicted from that time forward. When con- 
demned by the college of pontifices, she was strip- 
ped of her vittae and other badges of office, was 
scourged, 18 was attired like a corpse, placed in a 
close litter, and borne through the Forum, attended 
by her weeping kindred, with all the ceremonies o« 
a real funeral, to a rising ground called the Campus 
Sceleratus, just within the city walls, close to the 
Colline gate. There a small vault underground had 
been previously prepared, containing a couch, a 
lamp, and a table with a little food. The pontifex 
maximus, having lifted up his hands to heaven and! 

1. (Ovid, Fast., iv., 639.— Suet., Jul., 83 ; Domit., 8.— Orcll., 
Inscr., n. 2233, &c.)— 2. (Dion Cass., liv., 24.) — 3. (Id., lxxix., 
9.) — 4. (Tacit., Ann., xi., 32.)— 6. (Serv. ad Virg., Eel., viii., 
82.)— 6. (Cic, De Leg., ii., 8, 12.— Liv., xxviii., 11.— Val. Max., 
i., 1, y 6. — Senec, De Prov., 5.) — 7. (Dionys., ii., 67. — Liv., 
xxvi., 1.) — 8. (Dionys., Plut., Val. Max., 11. cc. — Festus, s. v. 
Ignis.) — 9. (Ovid, Fast., iii., 11. — Propert., iv., 4, 15. — Plut., 
Num., 13. — Fest., s. v. Muries.) — 10. (Dion Cass., xxxvii., 45.» 
—11. (Tacit., Hist., iv., 53.) — 12. (Macrob., Sat., ii., 9. — Dioii 
Cass., xlvii., 19.)— 13. (Dion Cass., xxxvii., 35.)— 14. {Vid. Fes 
tus, s. v.) — 15. (Dionys., i., 69 ; ii., 66. — Plut., Camill., 20. — Liv. 
xxvi., 27. — Lamprid., Elagab., 6. — Ovid, Fast., vi., 365. — Lucan, 
ix., 994.)— 16. (Cedrenus, Hist. Comp., p. 148, or p. 259, ed. Bek- 
ker.) — 17. (Dionys., iii., 67. — Zonaras, vii., 8.) — 18. (Dionys 
ix., 40.) 







VESTALES. 



tittered a secret prayer, opened the litter, led forth 
the culprit, and placing her on the steps of the lad- 
der which gave access to the subterranean cell, de- 
livered her over to the common executioner and his 
assistants, who conducted her down, drew up the 
Sadder, and having filled the pit with earth until the 
surface was level with the surrounding ground, left 
her to perish, deprived of all the tributes of respect 
usually paid to the spirits of the departed. In eve- 
ry case the paramour was publicly scourged to 
death in the Forum. 1 

But if the labours of the vestals were unremit- 
ting, and the rules of the order rigidly and pitilessly 
enforced, so the honours they enjoyed were such as 
in a great measure to compensate for their priva- 
tions. They were maintained at the public cost, 
and from sums of money and land bequeathed from 
time to time to the corporation.* From the mo- 
ment of their consecration, they became, as it were, 
the property of the goddess alone, and were com- 
pletely released from all parental sway without go- 
ing through the form of emancipatio or suffering any 
capitis diminution They had a right to make a will, 
and to give evidence in a court of justice without 
taking an oath,* distinctions first conceded by a Ho- 
ratian law to a certain Caia Tarratia or Fufetia, 
and afterward communicated to all. 8 From the 
time of the triumviri, each was preceded by a lictor 
when she went abroad ; 6 consuls and praetors made 
way for them, and lowered their fasces ; 7 even the 
tribunes of the plebs respected their holy character, 8 
and if any one passed under their litter, he was put 
to death. 9 Augustus granted to them all the rights 
of matrons who had borne three children, 10 and as- 
signed them a conspicuous place in the theatre, 11 a 
privilege which they had enjoyed before at the 
gladiatorial shows. 12 Great weight was attached 
to their intercession on behalf of those in danger 
and difficulty, of which we have a remarkable exam- 
ple in the entreaties which they addressed to Sul- 
la on behalf of Julius Caesar; 13 and if they chanced 
to meet a criminal as he was led to punishment, 
they had a right to demand his release, provided 
it could be proved that the encounter was accident- 
al. Wills, even those of the emperors, were com- 
mitted to their charge, 1 * for when in such keeping 
they were considered inviolable ; 15 and in like man- 
ner, very solemn treaties, such as that of the trium- 
virs with Sextus Pompeius, were placed in their 
hands. 36 That they might be honoured in death as 
in life, their ashes were interred within the pomce- 
rium. 17 

They were attired in a stola, over which was an 
upper vestment made of linen ; 18 and in addition to 
the infula and white woollen vitta, they wore, when 
sacrificing, a peculiar headdress called sujjibulum, 
consisting of a piece of white cloth bordered with 
purple, oblong in shape, and secured by a clasp 19 
In dress and general deportment they were required 
to observe the utmost simplicity and decorum, any 

1. (Plut., Num., 10.— Fab. Max., 18.— Quaest. Rom., torn, vii., 

L, 154, ed. Reiske. — Dionys., ii., 67 ; iii., 67 ; viii., 89 ; ix., 40. — 
iv., iv., 44 ; viii., 15; xxii., 57. — Plin., Ep., iv., 11. — Suet., 
Dom., 8. — Dion Cass., lxvii., 3 ; lxxvii., 16, and frag, xci., xcii. 
— Festus, s. v. Probruin et Sceleratus Campus.) — 2. (Suet., Oc- 
tav., 31; Tib., 76.— Sicul. Flac., 23, ed. Goes.)— 3. (Gell., i., 11.) 
— 4. (Id., x., 15.) — 5. (Id., i., 12. — Gaius, j., 145. — Compare Plin., 
H. N., xxxiv., 11.)— 6. (Dion Cass., xlvii., 19.)— 7. (Senec, Con., 
vi., 8. — Compare Plut., Tib. Grace, 15.) — 8. (Oros., v., 4.— 
Suet., Tib., 2.— Compare Cic, Pro Coel., 14. — Val. Max., v., 4, 
t 6.)— 9. (Plut., Num., 10.) — 10. (Dion Cass., lvi., 10. — Pint., 
1. c.)— 11. (Suet., Octav., 44.— Tacit., Ann., iv., 16.)— 12. (Cic, 
Pro Muren., 35.)— 13. (Suet., Jul., 1. — Compare Cic, Pro Font., 
17. — Suet., Vitell., 16. — Dion Cass., lxv., 18. — Tacit., Ann., iii., 
69; xi., 32. — Id., Hist., iii., 81.) — 14. (Suet., Jul., 83 ; Octav., 
101. — Tacit., Ann., i., 8.) — 15. (Plut., Anton., 58.) — 16. (Ap- 
pian, B. C, v., 73. — Dion Cass., xlviii., 37 and 46. — Compare 
xlviii., 12.)— 17. (Serv. ad Virg., Mn., xi., 206.)— 18. (Val. Max., 
i., 1, <) 7.— Dionys., n., 68. -Plin., Ep., iv., 11.)— 19. (Festus, s. 
* Suflibilum.) 

(, Q 



VLE. 

fancilul ornaments in the one or levity in the othei 
being always regarded with disgust and suspicion. 1 
We infer from a passage in Pliny 3 that their hair 
was cut off, probably at the period of their conse- 
cration ; whether this was repeated from time to 
time does not appear, but they are never reoresent- 
ed with flowing locks. The first of the following 
cuts, copied from a gem,* represents the vestal 
Tuccia, who, when wrongfully accused, appealed to 
the goddess to vindicate her honour, and had power 
given to her to carry a sieve full of water from the 
Tiber to the temple.* The form of the upper gar- 
ment is here well seen. The second is from a de- 
narius of the gens Clodia, representing upon the re- 
verse a female priestess with a simpuvium in her 
hand, and bearing the legend VESTALIS ; on the 
obverse is a head of Flora, with the words C. 
CLODIVS C. F. Two vestals belonging to this 
gens were celebrated in the Roman Annals. 6 ( Vid. 
Triumphus, p. 1017.) The coin seems to have 




been struck to commemorate the splendour of the 
Floralia as exhibited during the famous aedileship 
of C. Clodius Pulcher, B.C. 99. 6 




(Lipsius, De Vesta et Vcstalibus Syntagma, and 
Ncehden " On the worship of Vesta, &c, Classical 
Journal, vol. xv., 123, vol. xvi., 321," have collect- 
ed most of the authorities on this subject. — Gottling, 
Geschichte der Rom. Staatsverf., p. 189.) 

VESTI'BULUM. (Vid. House, Roman, p. 51b: 
Janua, p. 527.) 

VESTICEPS. (Vid. Impubes, p. 532.) 

VETERA'NUS. (Vid. Tiro.) 

VEXILLA'RII. (Vid. Army, Roman, p. 103. ) 

VEXILLUM. (Vid. Signa Militaria, p. 897.) 

VLE. Three words are employed by the Roman 
jurists to denote a road, or a right of road, iter, ac- 
tus, via. Strictly speaking, iter was applicable to a 
footpath only, actus to a bridle- way, via to a car 
riage-road. 7 (Compare Servitutes, p. 879.) 

We next find vice divided into privatce or agraria 
and publico,, the former being those the use of which 
was free while the soil itself remained private prop- 



1. (Liv., iv., 44 ; viii., 15.— Plin., Ep., iv., 1 1 .—Ovid, Fast., iv., 
285.)— 2. (H. N., xvi., 85.) — 3. (Montfaucon, Ant. Exp., i., pi. 
xxviii.— Supplem., t. i., pi. xxiii.)— 4. (Val. Max., viii., 1, $ 5.— 
Plin., H. N., xxviii., 2.)— 5. (Vid. Ovid, Fast., iv., 279.— Suet., 
Tib., 2.— Augustin, De Civ. Dei, x., 16.— Herodian, i., 11.) — 6 
(Cic, De Off., ii., 16; c. Verr., iv., 2.— Plin., H. N.,xxxv., 4.1- 
7. (Dig. 8, tit. 1, s. 13 ; tit. 3, s. 1 ; s. 7. 8, 12.) 

1041 



VJLE. 

eity. the latter those of which the use, the manage- 
ment, and the soil were alike vested in the state. 
Via Vicinales {qua in vicis sunt vel qua in vicos du- 
cunt), being country cross-roads merging in the 
great lines, or, at all events, not leading to any im- 
portant terminus, might be either publica or privata, 
according as they were formed and maintained at 
the cost of the state or by the contributions of pri- 
vate individuals. 1 The via publica of the highest 
class were distinguished by the epithets mililares, 
consulares, pratoria, answering to the terms 6601 
QaoCkiKai among the Greeks, and king's highway 
among ourselves. 

That public roads of some kind must have exist- 
ed from the very foundation of the city is manifest, 
but as very little friendly intercourse existed with 
the neighbouring states for any length of time with- 
out interruption, tbey would, in all probability, not 
extend beyond the narrow limits of the Roman ter- 
ritory, and would be mere muddy tracks used by 
the peasants in their journeys to and from market. 
It was not until the period of the long-protracted 
Samnite wars that the necessity was strongly felt 
of securing an easy, regular, and safe communica- 
tion between the city and the legions, and then, for 
che first time, w T e hear of those famous paved roads, 
which in after ages, keeping pace with the progress 
of the Roman arms, connected Rome with her most 
distant provinces, constituting not only the most 
useful, but the most lasting of all her works. 2 The 
excellence ( f the principles upon which they were 
constructed is sufficiently attested by their extra- 
ordinary durability, many specimens being found in 
the country Hiound Rome, which have been used 
without being repaired for more than a thousand 
vears, and are still in a high state of preservation. 
The Romans are said to have adopted their first 
ideas upon this subject from the Carthaginians, 3 
and it is extremely probable that the latter people 
may, from their commercial activity, and the sandy 
nature of their soil, have been compelled to turn 
their attention to the best means of facilitating the 
conveyance of merchandise to different parts of 
their territory. It must not be imagined, however, 
that the Romans employed from the first the elabo- 
rate process which we are about to describe. The 
first step would be from the Via Terrena, 4, the mere 
track worn by the feet of men and beasts and the 
wheels of wagons across the fields, to the Via 
GlareaCa, where the surface was hardened by gravel ; 
and even after pavement w T as introduced, the blocks 
seem originally to have rested merely on a bed of 
small stones. 5 

Livy has recorded 6 that the censorship of Appius 
Oeecus (B.C. 312) was rendered celebrated in after 
ages from his having brought water into the city 
and paved a road (quod viam munivit et aquam in 
urbem perduxu), the renowned Via Appia, which ex- 
tended, in the first instance, from Rome to Capua, 
although we can scarcely suppose that it was car- 
ried «>o great a distance in a single lustrum. 7 We 
undoubtedly hear, long before this period, of the Via 
Latina,* the Via Gabina, 9 and the Via Salaria, 10 &c. ; 
but even if we allow that Livy does not employ 
these names by a sort of prolepsis, in order to indi- 
cate conveniently a particular direction (and that 
he does speak by anticipation when he refers to 
milestones in some of the above passages is cer- 
tain), yet we have no proof whatever that they were 
laid down according to the method afterward adopt- 
ed with so much success. 11 

1. (Dig. 43, tit. 8, s. 2, t 21, 22 ; tit. 7, s. 3.— Sicul. Flacc, De 
Cond. Act., p. 9, eJ. Goes.)— 2. (Strab., v., p. 235.) — 3. (Isid., 
xv , 16, t) 6.)— 4. (Dig. 43, tit. 11, s. 2.)— 5. (Liv., xli., 27.— Com- 
paie Liv., x., 23, 47.)— 6. (ix.. 29.)— 7. (Niebuhr, Rom. Gesch., 
iii.,p 356.)— 8. (Liv , ii., 39.)— 9. (ld.,ii.,ll; iii., 6 ; v., 49.)— 
10. (Id., vii., 9.)— 11 (Orop» *e Liv., vii., 39.) 
1042 



VLB 

Vitruvius enters into no details with regard to 
road-making, but he gives most minute directions 
for pavements ; and the fragments of ancient pave- 
ments still existing, and answering to his descrip- 
tion, correspond so exactly with the remains of the 
military roads, that we cannot doubt that the pro- 
cesses followed in each case were identical, and 
thus Vitruvius, 1 combined with the poem of Statins* 
on the Via.Domitiana, will supply all the technical 
terms. 

In the first place, two shallow trenches (sulci) 
were dug parallel to each other, marking the breadth 
of the proposed road ; this, in the great lines, such 
as the Via Appia, the Via Flaminia, the Via Valeria, 
&c., is found to have been from 13 to 15 feet ; the 
Via Tusculana is 1 1, while those of less importance, 
from not being great thoroughfares, such as the via 
which leads up to the temple of Jupiter Latialis, on 
the summit of the Alban Mount, and w r hich is to 
this day singularly perfect, seem to have been ex- 
actly 8 feet wide. The loose earth between the 
sulci was then removed, and the excavation con- 
tinued until a solid foundation (gremium) w T as reach- 
ed, upon which the materials of the road might 
firmly rest ; if this could not be attained, in conse- 
quence of the swampy nature of the ground, or from 
any peculiarity in the soil, a basis was formed arti- 
ficially by driving piles (fistucationibus). Above the 
gremium were four distinct strata. The low T est 
course was the statumen, consisting of stones not 
smaller than the hand could just grasp ; above the 
statumen w T as the rudus, a mass of broken stones 
cemeiited with lime (what masons call rubble-work), 
rammed down hard, and nine inches thick ; above 
the rudus came the nucleus, composed of fragments 
of bricks and pottery, the pieces being smaller than 
in the rudus, cemented with lime, and six inches 
thick. Uppermost was the pavimentum, large polyg- 
onal blocks of the hardest stone (sihx), usually, at 
least in the vicinity of Rome, basaltic lava, irregu- 
lar in form, but fitted and jointed with the greatest 
nicety (apta jungitur arte silex 3 ), so as to present a 
perfectly even surface, as free from gaps or irregu- 
larities as if the w T hole had been one solid mass, 
and presenting much the same external appearance 
as the most carefully built polygonal walls of the 
old Pelasgian towns. The general aspect will be 
understood from the cut given below of a portion 
of the street at the entrance of Pompeii. 4 




The centre of the way was a little elevated, so 
as to permit the water to run off easily, a nd hence 

1. (vii., l.)-2. (Sylv., iv., 3.)-3. (Tilull., i.,7/,0.)-4. (M» 
zois, Les Rumes de Pompei. vol i. pi xxxvn.) 




VLE. 



I ae terms agger via 1 and summum dorsum, 2 although 
noth may be applied to the whole surface of the 
pavimentum. Occasionally, at least in cities, rec- 
tangular slabs of softer stone were employed instead 
of the irregular polygons of silex, as we perceive to 
Tiave been the case in the Forum of Trajan, which 
was paved with travertino, and in part of the great 
forum under the column of Phocas, and hence the 
distinction between the phrases silice sterner e and 
saxo quadrato sterner e. 3 It must be observed, that 
while, on the one hand, recourse was had to piling 
when a solid foundation could not otherwise be ob- 
tained, so, on the other hand, when the road was 
carried over rock, the statumen and the rudus were 
dispensed with altogether, and the nucleus was 
spread immediately on the stony surface previously 
smoothed to receive it. This is seen to have been 
the case, we are informed by local antiquaries, on 
the Via Appia, below Albano, where it was cut 
through a mass of volcanic peperino. 

Nor was this all. Regular footpaths (margines* 
crcpidines, 5 umbones*) were raised upon each side 
and strewed with gravel, the different parts were 
strengthened and bound together with gomphi or 
stone wedges, 7 and stone blocks were set up at 
moderate intervals on the side of the footpaths, in 
order that travellers on horseback might be able to 
mount without the aid of an uvadohevc to hoist them 
up. 8 (Vid. Stratores.) 

Finally, Caius Gracchus 9 erected milestones along 
the whole extent of the great highways, marking 
the distances from Rome, which appear to have 
been counted from the gate at which each road 
issued forth ; and Augustus, when appointed in- 
spector of the viae around the city, erected in the Fo- 
rum a gilded column (xpvoovv iiikiov — xP va °v c kiuv, 
vulliarium aureum 10 ), on which were inscribed the 
distances of the principal points to which the viae 
conducted. Some have imagined, from a passage 
in Plutarch, 11 that the distances were calculated 
from the milliarium aureum, but this seems to be 
disproved both by the fact that the roads were all 
divided into miles by C. Gracchus nearly two cen- 
turies before, and also by the position of various 
ancient milestones discovered in modern times. 12 

It is certain that, during the earlier ages of the 
Republic, the construction and general superintend- 
ence of the roads without, and the streets within 
the city, were committed, like all other important 
works, to the censors. This is proved by the law 
quoted in Cicero, 13 and by various passages, in which 
these magistrates are represented as having first 
formed and given their names to great lines, such 
as the Via Appia and the Via Flaminia, or as having 
executed important improvements and repairs. 14 
These duties, when no censors were in office, de- 
volved upon the consuls, and in their absence on 
the praetor urbanus, the aediles, or such persons as 
the senate thought fit to appoint. 15 But during the 
last century of the Commonwealth, the administra- 
l ion of the roads, as well as of every other depart- 
ment of public business, afforded the tribunes a 
pretext for popular agitation. Caius Gracchus, in 
what capacity we know not, is said to have exerted 
himself in making great improvements, both from a 
conviction cf their utility, and with a view to the 

1. (Isid., xv., 16, £ 7. — Amm. Marcell., xix., 16. — Compare 
Virg., JEa., v., 273 )— 2. (Stat., 1. c.)— 3. (Liv.,x., 23 ; xli., 27.) 
— 4. (Liv., xli., 27.)— 5. (Petron., 9.— Orelli, Inscr., n. 3844.)— 
6. (Stat., Sylv.,'iv., 3, 47.)— 7. (Stat., 1. c.)— 8. (Plut., C. Gracch., 
7.)— 9. (Id., 1. c.)— 10. (Dion Cass., liv., 8.— Plin., H. N., iii., 5. 
—Suet., Oth., 6. — Tacit., Hist., i., 27.) — 11. (Gall)., 24.)— 12. 
{Vid. Holsten., De Milliano Aureo in Graev., Thes. Antiq. Rom., 
torn. iv. ; and Faliretti, Be Aq. et Aquaeduct., Diss, iii., n. 25.) — 13. 
(De Leg., iii., 3.) —14. (Liv., ix., 29, 43. — Epit., 20 ; xxii., 11 ; 
xli., 27.— Aurfcl. Vict., De Vir. Illust , c. 72. — Lips., Excura. ad 
Tac, Ann., iii., 31.)— 15 (Liv., xxxix., 2.— Cic, c. Verr., II., i., 
49, 50, 59.) 



VLB. 

acquirement of popularity ; l and Cario, when tnn 
une, introduced a lex Viaria for the construction 
and restoration of many roads, and the appointment 
of himself to the office of inspector (kriordTr^) for 
five years. 2 We learn from Cicero 3 that Ther- 
mus, in the year B.C. 65, was curator cf the Flamin- 
ian Way, and from Plutarch, 4 that Julius Caesar 
held the same office (kTTLnelrjTijg) with regard to the 
Appian Way, and laid out great sums of his own 
money upon it, but by whom these appointments 
were conferred we cannot tell. During the first 
years of Augustus, Agrippa, being aedile, lepaired 
all roads at his own proper expense ; subsequently 
the emperor, finding that the roads had fallen into 
disrepair through neglect, took upon himself the 
restoration of the Via Flaminia as far as Ariminum, 
and distributed the rest among the most distinguish- 
ed men in the state (triumphalibus viris), to be paved 
out of the money obtained from spoils {ex manubiali 
pccunia sternendas 5 ). In the reign of Claudius we 
find that this charge had fallen upon the quaestors, 
and that they were relieved of it by him, although 
some give a different interpretation to the words. - 
Generally speaking, however, under the Empire, 
the post of inspector-in-chief (curator) — and each 
great line appears to have had a separate officer 
with this appellation — was considered a high dig- 
nity, 7 insomuch that the title was frequently as- 
sumed by the emperors themselves, and a great 
number of inscriptions are extant, bearing the names 
of upward of twenty princes from Augustus to Con- 
stantine, commemorating their exertions in making 
and maintaining public ways. 8 

These curatores were at first, it would appear, ap« 
pointed upon special occasions, and at all timeo 
must have been regarded as honorary functionaries 
rather than practical men of business. But from 
the beginning of the sixth century of the city ther« 
existed regular commissioners, whose sole duty ap- 
pears to have been the care of the ways, four (qut** 
tuorviri viarum) superintending the streets within 
the walls, and two the roads without. 9 When 
Augustus remodelled the inferior magistracies, he 
included the former in the vigintivirate, and abolish- 
ed the latter ; but when he undertook the caie cf 
the viae around the city, he appointed under himself 
two road-makers (odoiroLovg 10 ), persons of praetorian 
rank, to whom he assigned two lictors. These 
were probably included in the number of the new 
superintendents of public works instituted by him, 11 
and would continue from that time forward to dis- 
charge their duties, subject to the supervision and 
control of the curatores or inspectors-general. 

Even the contractors employed (mancipes 12 ) were 
proud to associate their names with these vast un- 
dertakings, and an inscription has been preserved 13 
in which a wife, in paying the last tribute to her 
husband, inscribes upon his tomb Mancipi Vi^e Ap- 
y\je. The funds required were of course derived, 
under ordinary circumstances, from the public treas- 
ury, 14 but individuals also were not unfrequently 
found willing to devote their own private means to 
these great national enterprises. This, as we have 
already seen, was the case with Caesar and Agrip- 
pa, and we learn from inscriptions that the example 
was imitated by many others of less note. 1 ' The Via 
Vicinales were in the hands of the rural authorities 
(magistri pagorum), and seem to have been main- 



1. (Plut., C. Gracch., 7.)— 2. (Appian, B. C, ii., 26.— Cic. ad 
Fam., viii., 6.) — 3. (ad Att., i., 1.) — 4. (Caes., 5.) — 5. (Suet., 
Octav., 30.— Dion Cass., liii., 22.) — 6. (Suet., Claud., 24.) —7. 

(Plin., Ep., v., 15.) — 8. (Gruter, Corp. Inscrip , cxlix clix.) 

—9. (Dig. 1, tit. 2, s. 2, § 30, compared with Dion Cass., liv., 26.) 
—10. (Dion Cass, liv., 8.)— 11. (Suet., Octav., 37.)— 12. (Tacit., 
Ann., n., 31.) — 13. (Orell., Inscr., n. 3221.) — 14. (Diem Cass., 
lni., 22.— Sicul. Flacc, De Cond. Agr., p. 9, ed. Goes.) — 15 •. 
g. Gruter, clxi., n. 1 and 2.) 

10413 



VLE. 



VI^E. 



aained by voluntary contribution or assessment, 
like our parish roads, 1 while the streets within the 
city were kept in repair by the inhabitants, each 
person being answerable for the portion opposite to 
his own house. 3 

Our limits preclude us from entering upon so 
large a subject as the history of the numerous mili- 
tary roads which intersected the Roman dominions. 
We shall content ourselves with simply mentioning 
those which issued from Rome, together with their 
most important branches within the bounds of Italy, 
naming, at the same time, the principal towns through 
which they passed, so as to convey a general idea 
of their course. For all the details and controver- 
sies connected with their origin, gradual extension, 
and changes, the various stations upon each, the 
distances, and similar topics, we must refer to the 
treatises enumerated at the close of this article, 
and to the researches of the local antiquaries, the 
most important of whom, in so far as the southern 
districts are concerned, is Romanelli. 

Beginning our circuit of the walls at the Porta 
Capena, the first in order, as in dignity, is, 

I. The Via Appia, the Great South Road. It was 
commenced, as we have already stated, by Appius 
Claudius Csecus, when censor, and has always been 
the most celebrated of the Roman Ways. It was 
the first ever laid down upon a grand scale and 
upon scientific principles ; the natural obstacles 
which it was necessary to overcome were of the 
most formidable nature, and, when completed, it 
well deserved the title of Queen of Roads {regina vi- 
arum 3 ). We know that it was in perfect repair 
when Procopius wrote, 4 long after the devastating 
inroads of the northern barbarians ; and even to 
this day the cuttings through hills and masses of 
solid rock, the filling up of hollows, the bridging of 
ravines, the substructions to lessen the rapidity of 
steep descents, and the embankments over swamps, 
demonstrate the vast sums and the prodigious la- 
bour that must have been lavished on its construc- 
tion. It issued from the Porta Capena, and, passing 
through Aricia, Tres Tabernce, Appii Forum, Tarra- 
cina, Fundi, Formice, Minturnce, Sinuessa, and Casi- 
linum, terminated at Capua, but was eventually 
extended through Calatia and Caudium to Beneven- 
tum, and finally from thence through Venusia, Ta- 
rentum, and TJria, to Brundisium. 

The ramifications of the Via Appia most worthy 
of notice are, 

(1.) The Via Setina, which connected it with 
Setia. Originally, it would appear that the Via Ap- 
pia passed through Velitra and Setia, avoiding the 
marshes altogether, and travellers, to escape this 
circuit, embarked upon the canal, which, in the days 
of Horace, traversed a portion of the swamps. 

(2.) The Via Domitiana struck off at Sinuessa, 
and, keeping close to the shore, passed through Li- 
ternum, Cumce, Puteoli, Neapolis, Herculaneum, Op- 
lonti, Pompeii, and Stabice to Surrentum, making the 
complete circuit of the Bay of Naples. 

(3.) The Via Campana or Consularis, from Ca- 
pua to Cumce, sending off a branch to Puteoli, and 
another through Atella to Neapolis. 

(4.) The Via Aquillia began at Capua, and ran 
south through Nola and Nuceria to Salernum ; from 
thence, after sending off a branch to Pastum, it 
took a wide sweep inland through Eburi and the 
region of the Mons Alburnus up the valley of the 
Tanager ; it then struck south through the very 
heart of Lucania and Bruttium, and, passing Neru- 
lum, Interamnia, and Consentia, returned to the sea 
at Vibo, and thence through Medma to Rhegium. 
This road sent off a branch near the sourc es of t he 

m ■■ ■ ■ ■ ■ ■ . — ■■ ■ ■ 

1. (Sicul. Flacc, p. 9.)— 2. (Dig. 43, tit. 10, s. 3.)— 3. (Stat., 
Syl* ii., % 12.)— 4. (Bell. Goth., i., 14.) 
1044 



Tanager, which ran d:wn to the sea at Blanda op 
the Laus Sinus, and then continued along the whole 
line of the Bruttian coast through Laus and Terina 
to Vibo, where it joined the main stem. 

(5.) The Via Egnatia began at Beneventum, 
struck north through the country of the Hirpmi to 
Equotuticum, entered Apulia at Mca, and, passing 
through Herdonia, Canusium, and Rubi, reached the 
Adriatic at Barium, and followed the coast through 
Egnatia to Brundisium. This was the route fol 
lowed by Horace. It is doubtful whether it bore ths 
name given above in the early part of its course. 

(6.) The Via Trajana began at Venusia, and ran 
in nearly a straight line across Lucania to Heraclea 
on the Sinus Tarentinus ; thence following, south- 
ward, the line of the east coast, it passed through 
Thurii, Croto, and Scyllacium, and completed the 
circuit of Bruttium by meeting the Via Aquillia at 
Rhegium. 

(7.) A Via Minucia is mentioned by Cicero, 1 , and 
a Via Numicia by Horace, 3 both of which seem 
to have passed through Samnium from north to 
south, connecting the Valerian and Aquillian, and 
cutting the Appian and Latin Ways. Their course 
is unknown. Some believe Lhem to be one and the 
same. 

Returning to Rome, we find issuing from the 
Porta Capena, or a gate in its immediate vicinity, 

II. The Via Latina, another great line leading to 
Beneventum, but keeping a course farther inland 
than the Via Appia. Soon after leaving the city, it 
sent off a short branch (Via Tusculana) to Tuscu- 
lum, and, passing through Compitum Anagninum, 
Ferentium, Frusino, Fregella, Fabrateria, Aquinum, 
Casinum, Venafrum, Teanum, Allifa, and Telesia, 
joined the Via Appia at Beneventum. 

A cross-road, called the Via Hadriana, running 
from Minturnat, through Suessa Aurunca to Teanum, 
connected the Via Appia with the Via Latina. 

III. From the Porta Esquilina issued the Via 
Labicana, which, passing Labicum, fell into the Via 
Latina at the station ad Bivium, 30 miles from Rome. 

IV. The Via Pr^enestina, originally the Via Ga- 
bina, issued from the same gate with the former. 
Passing through Gabii and Praneste, it joined the 
Via Latina just below Anagnia. 

V. Passing over the Via Collatina as of little 
importance, we find the Via Tiburtina, which is- 
sued from the Porta Tiburtina, and, proceeding N.E. 
to Tibur, a distance of about 20 miles, was contin- 
ued from thence, in the same direction, under the 
name of the Via Valeria, and, traversing the coun- 
try of the Sabines, passed through Carseoli and 
Corjinium to Aternum on the Adriatic, thence to 
Adria, and so along the coast to Castrum Truenti- 
num, where it fell into the Via Solaria. 

A branch of the Via Valeria led to Sublaqueum, 
and was called Via Sublacensis. Another branch 
extended from Adria along the coast southward 
through the country of Frentani to Larinum, being 
called, as some suppose, Via Frentana Appula. 

VI. The Via Nomentana, anciently Ficulnensis, 
ran from the Porta Collina, crossed the Anio to 
Nomentum, and, a little beyond, fell into the Via 
Solaria at Eretum. 

VII. The Via Salaria, also from the Poita, Col- 
lina (passing Fidena and Crustumerium), ran north 
and east through Sabinum and Picenum to Reate 
and Asculum Picenum. At Castrum Truentinum it 
reached the coast, which it followed until it joined 
the Via Flaminia at Ancona. 

VIII. Next comes the Via Flaminia, the Great 
North Road, commenced in the censorship of C. Fla- 
minius, and carried ultimately to Ariminum. It 



1. (ad Att., ix., 6.)— 2. (Epist., i., 18, 20.) 



VIJS. 

issued from the Porta Flaminia, ana proceeded near- 
ly north to Ocriculum and Narnia in Umbria. Here 
a bianch struck off, making a sweep to the east 
through Interamna and Spdetium, and fell again into 
the main trunk (which passed through Mevania) at 
Fulginia. It continued through Fanum Flaminii 
and Nuceria, where it again divided, one line run- 
ning nearly straight to Fanum Fortune on the Adri- 
atic, while the other, diverging to Ancona, continued 
from thence along the coast to Fanum Fortune, 
where the two branches, uniting, passed on to Ari- 
minum through Pisaurum. From thence the Via 
Flaminia was extended under the name of the Via 
./Emilia, and traversed the heart of Cisalpine Gaul 
through Bononia, Mutina, Parma, Placcntia (where 
it crossed the Po), to Mediolanum. From this point 
branches were sent off through Bergomum, Brixia, 
Verona, Vicentia, Patavium, and Aquileia to Tergeste 
on the east, and through Novaria, Vercelli, Eporedia, 
and Augusta Pratoria to the Alpis Grata on the 
west, besides another branch in the same direction 
through Ticinum and Industria to Augusta Taurino- 
rum. Nor must we omit the Via Postumia, which 
struck from Verona right down across the Apen- 
nines to Genoa, passing through Mantua and Cre- 
mona, crossing the Po at Placentia, and so through 
Iria, Dcrtona, and Libarna, sending off a branch 
from Dertona to Asia. 

Of the roads striking out of the Via Flaminia in 
the immediate vicinity of Rome, the most important 
is the Via Cassia, which, diverging near the Pons 
Mulvius, and passing not far from Veii, traversed 
Etruria through Baccance, Sutrium,Vulsinii,Clusium, 
Arretium, Florentia, Pistoria, and Luca, joining the 
Via Aurelia at Luna. 

(a.) The Via Amerina broke off from the Via Cas- 
tia near Baccancz, and held north through Falerii, 
Tuder, and Perusia, reuniting itself with the Via 
Cassia at Clusium. 

(j3.) Not far from the Pons Mulvius theViACLo- 
dia separated from the Via Cassia, and, proceeding 
to Sabate on the Lacus Sabali7ius, there divided 
into two, the principal branch passing through cen- 
tral Etruria to Rusclla, and thence due north to 
Florentia, the other passing through Tarquinii, and 
then falling into the Via Aurelia. 

(y.) Beyond Baccancz the Via Cimina branched 
off, crossing the Mons Ciminus, and rejoining the 
Via Cassia near Fanum Voltumnaz. 

IX. The Via Aurelia, the Great Coast Road, 
issued originally from the Porta Janiculensis, and 
subsequently from the Porta Aurelia. It reached 
the coast at Alsium, and followed the shore of the 
lower sea, along Etruria and Liguria, by Genoa, as 
far as Forum Julii in Gaul. In the first instance it 
extended no farther than Pisa. 

X. The Via Portuensis kept the right bank of 
the Tiber to Portus Augusti. 

XI. The Via Ostiensis originally passed through 
the Porta Trigemina, afterward through the Porta 
Ostiensis, and kept the left bank of the Tiber to 
Ostia. From thence it was continued, under the 
name of Via Severiana, along the coast southward 
through Laurentum, Antium, and Circcei, till it join- 
ed the Via Appia at Tarracina. The Via Lauren- 
tina, leading direct to Laurentum, seems to have 
branched off from the Via Ostiensis at a short dis- 
tance from Rome. 

XII. Lastly, the Via Ardeatina, from Rome to 
Ardea. According to some, this branched off from 
the Via Appia, and thus the circuit of the city is 
.'ompleted. 

Alphabetical Table of the Via described above. 







VIATOR. 




— 

i. 


Via 


Campana I. (3.) 


23. 


Via 


Minueia I. (7.] 


& 


M 


Cassia VIII. 


24. 


K 


Nomentana VI. 


9. 


II 


Cimina VIII. (y.) 


25. 


II 


Numicia I. (7.) 


10. 


II 


ClodiaVIlI. (/3.) 


26. 


U 


Ostiensis XI. 


11. 


II 


Collatina V. 


27. 


(1 


Portuensis X. 


12. 


«( 


Consulares I. (3.) 


28. 


II 


Postumia VII! 


13. 


II 


Domitiana I. (2.) 


29. 


ll" 


Praenestina ~V 


14. 


(( 


Egnatial. (5.) 


30. 


II 


Salaria VII. 


15. 


(( 


Ficulnensis VI. 


31. 


(( 


Setina I. (I.) 


16. 


(( 


Flaminia VIII. 


32. 


(( 


Severiana XI. 


17. 


II 


Frentana Appula V. 


33. 


II 


Sublacensis V. 


18. 


<( 


Gabina IV. 


34. 


(< 


Tiburtina V. 


19. 


(< 


Hadriana II. 


35. 


<( 


Trajana I. (6.) 


20. 


(I 


Labicana III. 


36. 


II 


Tusculana 11. 


21. 


(t 


Latina II. 


37. 


a 


Valeria V. 


22. 


(( 


Laurcntina XI. 









1. Via .Emilia MIL 

2. " Appia I. 

8 " Aquillial. (4. 



4. Via Amerina VIII. (a.) 

5. " Ardeatina XII. 

6. Aurelia IX. 



The most elaborate treatise upon Roman roads 
is Bergier, Histoire des Grands Chcmins dc VEmpirt 
Romain, published in 1622. It is translated into 
Latin in the tenth volume of the Thesaurus of 
Graevius, and, with the notes of Henninius, occu- 
pies more than 800 folio pages. In the first part 
of the above article, the essay of Nibby, Belle Vie 
degli Antiehi dissertazione, appended to the fourth 
volume of the fourth Roman edition of Nardini, has 
been closely followed. Considerable caution, how- 
ever, is necessary in using the works of this author, 
who, although a profound local antiquary, is by no 
means an accurate scholar. To gain a knowledge 
of that portion of the subject so lightly touched 
upon at the close of the article, it is necessary to 
consult the various commentaries upon the Tabula 
Peutingeriana and the different ancient itineraries, 
together with the geographical works of Cellarius, 
Cluverius, and D'Anville. 

VIA'RIA LEX. (Vid. Lex, p. 586 ; Yije, 1043.) 

VIA'TICUM is, properly speaking, everything 
necessary for a person setting out on a journey, and 
thus comprehends money, provisions, dresses, ves- 
sels, &c. x When a Roman magistrate, praetor, pro- 
consul, or quaestor went to his province, the state 
provided him with all that was necessary for hi3 
journey. But as the state, in this as in most other 
cases of expenditure, preferred paying a sum at 
once to having any part in the actual business, the 
state engaged contractors (redemptores), who, for a 
stipulated sum, had to provide the magistrates with 
the viaticum, the principal parts of which appear to 
have been beasts of burden and tents (muli et taber- 
nacula). Augustus introduced some modification 
of this system, as he once for all fixed a certain 
sum to be given to the proconsuls (probably to other 
provincial magistrates also) on setting out to their 
provinces, so that the redemptores had no more to 
do with it. 3 

VIA'TOR was a servant who attended upon and 
executed the commands of certain Roman magis- 
trates, to whom he bore the same relation as the 
lictor did to other magistrates. The name viator es 
was derived from the circumstance of their being 
chiefly employed on messages either to call upon 
senators to attend the meeting of the senate, or to 
summon people to the comitia, &c. 3 In the earlier 
times of the Republic, we find viatores as ministers 
of such magistrates also as had their lictors : via- 
tores of a dictator and of the consuls are mentioned 
by Livy.* In later times, however, viatores are 
only mentioned with such magistrates as had only 
potestas and not imperium, such as the tribunes of 
the people, the censors, and the aediles. 5 How 
many viatores attended each of these magistrates is 
not known ; one of them is said to have had the 
right, at the command of his magistrate, to bind per- 
sons (ligare), whence he was called lictor. 6 It is 

1. (Plaut., Epid., v., 1, 9 — PHn., Epist., vii., 12. — Cic, De 
Senect., 18.)— 2. (Cic. ad Fam., xii., 3. — Suet., Octav., 36.- 
Gell., xvii., 2, 13. — Compare Sigonius, De Antiq. Jur. Prov., iii., 
11. — Casaubon ad Theophr., 11.) — 3. (Cic, De Senect., 16.) — 4 
(vi., 15 ; xxii., 11. — Compare Plin., II. N., xviii., 4. — Liv., viii 
18.) — 5. (Cell., xiii , 12.— Liv., ii.. 56 ; xxx., 39 ; xxxix., 34 - 
Lydus. De Maeist.. i.. 44.)— 6. (Gell., xii., 3.) 

1045 



VIGILLE. 



VILLA. 



*ot improbable that the ancient writers sometimes 
confounded viatores and lictores. 1 

VICA'RII SERVI. ( Vid. Servus, Roman, p. 
«84.) 

♦VICIA. (Vid. Aphace.) 

VFOTIMA. (Vid. Sacrificium.) 

VICE'SIMA, a tax of five per cent. Every Ro- 
man, when he manumitted a slave, had to pay to 
the state a tax of one twentieth of his value, whence 
the tax was called vicesima manumissionis. This 
tax appears to have been levied from the earliest 
times, and was not abolished when all other im- 
posts were done away with in Rome and Italy. 3 
Caracalla raised this tax to a decima, that is, ten per 
cent., but Macrinus again reduced it to the old 
standard. 3 The persons employed in collecting it 
were called vicesimarii* 

A tax called vicesima hereditatium et legatorum 
was introduced by Augustus {lex Julia Vicesimaria) : 
it consisted of five per cent., which every Roman citi- 
zen had to pay to the aerarium militare, upon any in- 
heritance or legacy left to him, with the exception 
of such as were left to a citizen by his nearest rel- 
atives, and such as did not amount to above a cer- 
tain sum. 5 Peregrini and Latini who had become 
Roman citizens had, in a legal sense, no relatives, 
and were therefore obliged in all cases to pay the 
vicesima hereditatium. 6 As only citizens had to 
pay this tax, Caracalla, in order to make it more 
productive, granted the franchise to all the subjects 
of the Empire, and at the same time raised it to ten 
per cent, (izcima), but Macrinus again reduced it to 
five, 7 and a; last it was abolished entirely. It was 
levied in Italy and the provinces by procuratores 
appointed for the purpose, and who are mentioned 
in many inscriptions as procuratores xx. heredi- 
tatium, Or AD VECTIGAL XX. HEREDIT. But these 

officers generally sold it for a round sum to the 
publicani, which the latter had to pay in to the pro- 
tects of the aerarium militare. 8 

VICOMAGISTRI. (Vid. Vicus.) 

VICUS is the name of the subdivisions into which 
the four egions occupied by the four city tribes of 
Servius Tullius were divided, while the country re- 
gions, according to an institution ascribed to Numa, 
were subdivided into pagi. 9 This division, together 
with that of the four regions of the four city tribes, 
remained down to the time of Augustus, who made 
the vici subdivisions of the fourteen regions into 
which he divided the city. 10 In this division each 
vicus consisted of one main street, including several 
smaller by-streets ; their number was 424, and each 
was superintended by four officers, called vicoma- 
gistri, who had a sort of local police, and who, ac- 
cording to the regulations of Augustus, were every 
year chosen by lot from among the people who lived 
in the vicus. 11 On certain days, probably at the cel- 
ebration of the Compitalia, they wore the praetexta, 
and each of them was accompanied by two lictors. 13 
These officers, however, were not a new institution 
of Augustus, for they had existed during the time of 
the Republic, and had had the same functions as a po- 
lice for the vici of the Servian division of the city. 18 

VICTORIA'TUS. (Vid. Denarius.) 

VFGILES. (Vid. Army, Roman, p. 106; Pr^:- 

FECTUS VlGILUM.) 

VIGFLLE. (Vid. Castra, p. 222.) 

1. (Sigonius, De Ant. Jur. Civ. Rom., ii., 15.) — 2. (Liv., vii., 
16 ; xxvii., 10. — Cic. ad Att., ii., 16.) — 3. (Dion Cass., Ixxvii., 
9; lxxviii., 12.)— 4. (Petron., Fragm. Tragur., 65.— Orelli, In- 
script., n. 3333, &c.) — 5. (Dion Cass., lv., 25 ; lvi., 28.— Plin., 
Paneg., 37, &c— Capitol., M. Antonin., 11.)— 6. (Plin., Paneg., 
1. c.)— 7. (Dion Cass., Ixxvii., 9 ; lxxviii., 12.)— 8. (Plin., Epist., 
vii., 14.— Paneg., 37.)— 9. (Dionys., ii., 76.)— 10. (Suet., Octav., 
30.) -11. (Suet., 1. c— Dion Cass., v.. 8.)— 12. (Dion Cass., 1. 
c— Ascon. ad Cic. in Pison., p. 7, ed. Orelli.)— 13. (Liv., xxxiv., 
7._Festns, s. v. Magistrare. — Compare Sextus Rufus, Brev. de 
Reg. Urbis Romne, and P. V i :tur, De Reg. Urbis Romie.) 

1048 



VIGINTISEXVIRI were twenty-six magistiatus 
minores, among whom were included the triumviri 
capitales, the triumviri monetaies, the quatuorviri 
viarum curandarum for the city, the two curatores 
viarum for the roads outside the city, the decemviri 
litibus ( stlitibus ) judicandis, and the four praefects 
who were sent into Campania for the purpose of 
administering justice there. Augustus reduced the 
number of officers of this college to twenty (viginti- 
viri), as the two curatores viarum for the roads out 
side the city and the four Campanian praefects were 
abolished. 1 Down to the time of Augustus, the 
sons of senators had generally sought and obtained 
a place in the college of the vigintisexviri, it being 
the first step towards the higher offices of the Re- 
public ; but in A.D. 13 a senatus consultum was 
passed, ordaining that only equites should be eligi- 
ble to the college of the vigintiviri. The conse- 
quence of this was, that the vigintiviri had no seats 
in the senate, unless they had held some other ma- 
gistracy which conferred this right upon them. 3 
The age at which a person might become a viginti- 
vir appears to have been twenty. 3 

An account of the magistrates forming this col- 
lege has been given in separate articles, with the 
exception of the decemviri litibus judicandis, of whom 
we accordingly subjoin a brief account. These ma- 
gistrates, consisting, as the name imports, of ten 
men, formed a court of justice, which took cogni- 
zance of civil cases. From Pomponius* it would 
appear that they were not instituted till the year 
B.C. 292, the time when the triumviri capitales were 
first appointed. Livy, 5 however, mentions decem- 
virs as a plebeian magistracy very soon after the 
legislation of the Twelve Tables ; and while Nie- 
buhr 6 refers these decemvirs to the decemviral ma- 
gistrates, who had shortly before been abolished, 
and thus abides by the account of Pomponius, Got- 
tling 7 believes that the decemvirs of Livy are the 
decemviri litibus judicandis, and refers their insti- 
tution, together with that of the centumviri, to Ser- 
vius Tullius. (Vid. Centumviri.) But the history 
as well as the peculiar jurisdiction of this court du- 
ring the time of the Republic are involved in inex- 
tricable obscurity. In the time of Cicero it still 
existed, and the proceedings in it took place in the 
ancient form of the sacramentum. 8 Augustus trans- 
ferred to these decemvirs the presidency in the 
courts of the centumviri. 9 During the Empire this 
court had jurisdiction in capital matters, which is 
expressly stated in regard to the decemvirs. 10 

VIGINTIVIRI. (Vid. Vigintisexviri.) 

VILLA, a farm or country-house. The Roman 
writers mention two kinds of villa, the villa rustica 
or farmhouse, and the villa urbana or pseudo-urbana, 
a residence in the country or in the suburbs of a 
town. When both of these were attached to an 
estate, they were generally united in the same range 
of buildings, but sometimes they were placed at dif- 
ferent parts of the estate. The part of the villa 
rustica in which the produce of the farm was kept 
is distinguished by Columella by a separate name, 
villa fructuaria. Varro 11 derives the name from veho 
(" quo fructus convehebantur, villcz 1 ''). 

1. The villa rustica is described by Varro, 13 Vitru- 
vius, 13 and Columella. 14 

The villa, which must be of a size corresponding 
to that of the farm, is best placed at the foot of a 



1. (Dion Cass., liv., 26.) — 2. (Id., 1. o.) — 3. (Compare Dion 
Cass., lx., 5. — Tacit., Annal., iii., 29, with Lipsius's note.— 
Spart., Did. Julian., 1.) —4. (De Orig. Jur., Dig. 1, tit. 2, s. 2, 
t> 29.)— 5. (iii., 55.)— 6. (Hist, of Rome, ii., 324, &c.)— 7. (Gesch. 
der Rom. Staatsv., p. 241, &c.)— 8. (Cic., Pro Cacin., 33; Pro 
Dom., 29.) —9. (Suet., Octav., 36. —Dion Cass., liv., 26.)— 10. 
(Bockh, Corp. Inscr., i., n. 1133, 1327.— Compare Walter, Gesch. 
des Rom. Rechts, p. 721, and p. S64, n. 96.)— 11. (L. L., v., 35, 
ed. Miiller.)— 12. (R. R.,i., 11, 13.)— 13. (vi 9.)— 14 (i., 4, 5.) 




VILLA. 



wooded mountain, in a spot supplied with running 
water, and not exposed to severe winds, nor to the 
effluvia of marshes, nor (by being close to a public 
road) to a too frequent influx of visiters. The vil- 
la attached to a large farm had two courts {cohor- 
tcs, chortes, cortcs 1 ). At the entrance to the outer 
court was the abode of the villicus, that he might 
observe who went in and out, and over the door 
was the room of the procurator. 2 Near this, in as 
warm a spot as possible, was the kitchen, which, 
besides being nawJ *or the preparation of food, was 
the place where the slaves {familia) assembled after 
the labours r >t the day, and where they performed 
certain in-aoor work. Vitruvius places near the 
kitchen the baths, and the press {lorcular) for wine 
and oil, Mit the latter, according to Columella, 
though it requires the warmth of the sun, should 
not be exposed to artificial heat. In the outer court 
were also the cellars for wine and oil {cellce vinaria 
et olearia), which were placed on the level ground, 
and the granaries, which were in the upper stories 
of the farm-buildings, and carefully protected from 
damp, heat, and insects. These st^~,ooms form 
the separate villa fructuaria of Columella ; Varro 
places them in the villa rustica, but Vitruvius rec- 
ommends that all produce which could be injured by 
fire should be stored without the villa. 

In both courts were the chambers {cello.) of the 
slaves, fronting the south ; but the ergastulum for 
those who were kept in chains {vincti) was under 
ground, being lighted by several high and narrow 
windows. 

The inner court was occupied chiefly by the horses, 
cattle, and other livestock, and here were the sta- 
bles and stalls (bubilia, equilia, ovilia). 

A reservoir of water was made in the middle of 
each court, that in the outer court for soaking pulse 
and other vegetable produce, and that in the inner, 
which was supplied with fresh water by a spring, 
for the use of the cattle and poultry. 

2. The villa urbana or pseudo-urbana was so call- 
ed bec a use its interior arrangements corresponded 
for th- most parr, to those of a town-house. v Vid. 
House.) Vitruvius 3 merely states that the descrip- 
tion of the ;'af'er will apply to the former also, ex- 
cept that in the town the atrium is placed close to 
the doo*- ; but in the country the peristyle comes 
first, and afterward the atrium, surrounded by paved 
Tartieoes, looking upon the palaestra and ambulatio. 

Our chief sources of information on this subject 
are two letters of Pliny, in one of which* he de- 
scribes his Laurentine villa, in the other 5 his Tus- 
can, with a few allusions in one of Cicero's letters, 6 
and, as a most important illustration of these de- 
scriptions, the remains of a suburban villa at Pom- 
peii. 7 

The clearest account is that given by Pliny in 
the first of the two letters mentioned above, from 
which, therefore, the following description is for the 
most part taken. 

The villa was approached by an avenue of plane- 
trees leading to a portico, in front of which was a 
xystus divided into flower-beds by borders of box. 
This xystus formed a terrace, from which a grassy 
slope, ornamented with box-trees cut into the figures 
of animals, and forming two lines opposite to one 
another, descended till it was lost in the plain, which 
was covered with acanthus. 8 Next to the portico 
was an atrium, smaller and plainer than the corre- 
sponding apartment in a town-house. In this re- 
spect Pliny's description is at variance with the rule 
of Vitruvius, and the villa at Pompeii also has no 
atrium. It. would appear from Cicero 9 that both ar- 

(Van-o, i., 13 )— 2. (Varro, 1. c. — Colum., i., 6.)— 3. (vi., 
».)— 4. (ii.. IT.) -5. (v.. 6.)— f («.1 Quint., iii., 1.)— 7. (Pomp., , 
u.. c. 11. Loud., 1832.)— 8. |TW, v.. 6.)— 9. (1 c.) 



VILLICUS. 

rangements were common. Next to the atrium in 
Pliny's Laurentine villa was a small elliptic perist/le 
{porticus in liter ce similitudinem circumacta, where, 
however, the readings D and A are also given in- 
stead of O). The intervals between the column? 
of this peristyle were closed with talc windows 
{specularibus : vid. House, p. 521), and the roof pro- 
jected considerably, so that it formed an excellent 
retreat in unfavourable weather. The open space 
in the centre of this peristyle seems often to have 
been covered with moss and ornamented with a 
fountain. Opposite to the middle of this peristyle 
was a pleasant cavadium, and beyond it an elegant 
triclinium, standing out from the other buildings, 
with windows or glazed doors in the front and sides, 
which thus commanded a view of the grounds and 
of the surrounding country, while behind there was 
an uninterrupted view through the cavaedium, peri- 
style, atrium, and portico into the xystus and the 
open country beyond. 

Such was the principal suite of apartments in 
Pliny's Laurentine villa. In the villa at Pompeii 
the arrangement is somewhat different. The en- 
trance is in the street of the tombs. The portico 
leads through a small vestibule into a large square 
peristyle paved with opus signinum, and having an 
impluvium in the centre of its uncovered area. Be- 
yond this is an open hall, resembling in- form and 
position the tablinum in a town-house. Next is a 
long gallery extending almost across the whole 
width of the house, and beyond it is a large cyzi- 
cene cecus, corresponding to the large triclinium in 
Pliny's villa. This room looks out upon a spacious 
court, which was, no doubt, a xystus or garden, and 
w T hich is surrounded on all sides by a colonnade 
supported by square pillars, the top of which forms 
a terrace. In the farthest side of this court is a 
gate leading out to the open country. As the 
ground slopes downward considerably from the 
iront to the back of the villa, the terrace just spo- 
ken of is on a level with the cyzicene cecus, the win- 
dows of which opened upon it ; and beneath the 
oecus itself is a range of apartments on the level of 
the large court, which were probably used in sum- 
mer on account of their coolness. 

The other rooms were so arranged as to take ad- 
vantage of the different seasons and of the sur- 
rounding scenery. Of these, however, there is only 
one which requires particular notice, namely, a 
state bedchamber, projecting from the other build 
ings in an elliptic or semicircular form, so as to ad 
mit the sun during its whole course. This apart- 
ment is mentioned by Pliny, and is also found in 
the Pompeian villa. In Pliny's Laurentine villa its 
wall was fitted up as a library. 

The villa contained a set of baths, the general' 
arrangement of which was similar to that of the 
public baths. {Vid. Baths.) 

Attached to it were a garden, ambulatio, gestatio, 
hippodromus, sphecristerium, and, in short, all neces- 
sary arrangements for enjoying different kinds of 
exercise. {Vid. Hortus, Gymnasium.) 

(Becker's Gallus, i., p. 258, Schneider's notes on 
Columella and Varro, and Gierig's on Pliny, contain 
many useful remarks.) 

VI'LLIA ANNA'LIS LEX. ( Vid. ^Ediles, p. 25.) 

VI'LLICUS, a slave who had the superintendence 
of the villa rustica, and of all the business of the 
farm except the cattle, which were under the care 
of the maguler pecoris.' The duties of the villicus 
were to obey his master implicitly, and to govern 
the other slaves with moderation ; never to leave 
the villa except to go to market ; to have no inter- 
course with soothsayers ; to take care of the cattle 
and the implements of husbandry ; and to manage 



1. (Varro, It. R., i., 2.) 



1047 



VINDICATIO 



"VINDIOATU ). 



all the operations of the farm. 1 His duties are de- 
scribed at great length by Columella, 3 and those of 
his wife (villica) by the same writer 3 and by Cato.* 

The word was also used to describe a person to 
whom the management of any business was in- 
trusted. (See the passages quoted in Forcellini's 
Lexicon.) 

VINA'LIA. There were two festivals of this 
name celebrated by the Romans : the Vinalia ur- 
hana or priora, and the Vinalia rustica or altera. 
The vinalia urbana were celebrated on the 23d of 
April (IX. Calend. Mai.). This festival answered 
to the Greek tudoiyia, as on this occasion the wine- 
casKs which had been filled the preceding autumn 
were opened for the first time, and the wine tasted. 5 
But before men actually tasted the new wine, a li- 
bation was offered to Jupiter, 6 which was called 
calpar. 7 

The rustic vinalia, which fell on the 19th of Au- 
gust (XIV. Calend. Sept.), and was celebrated by 
the inhabitants of all Latium, was the day on which 
the vintage was opened. On fchis occasion the 
fiamen dialis offered lambs to Jupiter, and while the 
flesh of the victims lay on the altar, he broke with 
his own hands a bunch of grapes from a vine, and 
by this act he, as it were, opened the vintage (vin- 
demiam auspicari 8 ), and no must was allowed to be 
conveyed into the city until this solemnity was per- 
formed. 9 This day was sacred to Jupiter, and 
Venus too appears to have had a share in it. 10 An 
account of the story which was believed to have 
given rise to the celebration of this festival is given 
by*Festus u and Ovid. 12 

VINDEMIA'LIS FEUIA. ( Vid. Ferine, p. 437.) 

VINDEX. (Vid. Actio, p. 18 ; Manus Injectio.) 

VINDICA'TIO. Actiones in rem were called 
vindicationes. Actiones in personam were called 
condictiones. 13 Vindicationes, therefore, were ac- 
tions about property and about jura in re. 14 The 
distinction between vindicationes and condictiones 
was an essential distinction, which was not affected 
by the change in the form of procedure from the 
legis actiones to that of the formulae. The legis ac- 
tiones fell into disuse, 15 except in the case of dam- 
num infectum and a judicium centumvirale, and 
from this time both vindicationes and condictiones 
were prosecuted by the formulas, which is described 
in a general way in the article Actio. The peculiar 
process of the vindicatio which belonged to the 
period of the legis actiones remains to be described. 

The five modes of proceeding lege 16 were sacra- 
mento, per judices postulationem, per condictionem, per 
manus injectionem, per pignoris capionem. 

A man might proceed sacramento either in the 
case of an actio in personam or an actio in rem. If 
it w T as an actio in rem, that is, a vindicatio, movable 
things and moving things (mobilia et moventia) which 
could be brought before the praetor (in jus), were 
claimed before the praetor (in jure vindicabantur) 
thus : he who claimed the things as his property 
(qui vindicabat) held a rod in his hand, and, laying 
hold of the thing, it might be a slave or other thing, 
lie said, " Hunc ego hominem ex jure Quiritium meum 
esse aio secundum causam sicut dixi. Ecce tibi vindic- 
tam imposui j" and, saying this, he placed the rod on 
the thing. The other claimant (adversarius) did 
and said the same. This claiming of a thing as 
property by laying the hand upon it was in jure 

1 (Cato, R. R., 5, 142.)— 2. (xi., 1, and i., 8.)— 3. ixii , 1.)— 
4. (c. 143.) — 5. (Plin., H. N., xviii., 69, $ 3.) — 8. (Fest., s. v. 
Vinalia.) — 7. (Fest., s. v. Calpar.) — 8. (Varro, De Ling. Lat., v., 
p. 55, &c, Bip.)— 9. (Plin., H. N., xviii., 69, v 4.)— 10. (Varro, 
1. c. — De Re Rust., i., 1. — Macrob., Sat., i., 4. — Ovid, Fast., 
iv., 897, &c.)— 11. (s. v. Rustica Vinalia.)— 12. (Fast., iv., 863, 
&c. — Compare Aurel. Vict., De Orig. Gent. Rom., 15.) — 13. 
(Gaius, iv., 5.) — 14. (Gams ; iv., 3.) — 15. (Gaius, iv., 31.)— 16. 
iGai'ii, iv., 12.) 
1048 



manum conserere, a phrase as old as the Twelve 
Tables. 1 The praetor then said, "Mittite ambo homi- 
nem" and the claimants obeyed. Then he who had 
made the first vindicatio thus addressed his op- 
ponent : " Postulo anne dicas qua ex causa vindicavc- 
ris." The opponent replied : "Jus peregi sicut vin 
dictam imposui." Then he who had made the first 
vindicatio proceeded to that part of the process 
called the sacramentum, which was in the form of 
a wager as to the right : he said, " Quando tu injuria 
vindicavisti D ceris sacramento te provoco." The op- 
ponent replied by giving the similiter : " Similitei 
ego te." The rest of the process was the same as 
in the case of an actio in personam. But in the 
case of a vindicatio the praetor declared the vindi- 
ciae in favour of one of the parties, that is, in the 
mean time he established one of the parties as pos- 
sessor, and compelled him to give security to his 
opponent for the thing in dispute and the mesne 
profits, or, as it was technically expressed, "jubebat 
pr cedes adversario dare litis et vindiciarum." The 
praetor also took security from both for the amount 
of the sacramentum ; for the party who failed paid 
the amount of the sacramentum as a penalty (poena 
nomine), which penalty belonged to the state (in 
publicum cedebat). 

The poena of the sacramentum was quingenaria, 
that is, quingenti asses in cases when the property 
in dispute was of the value of a thousand asses and 
upward ; and in cases of smaller value it was fifty 
asses. This was a provision of the Twelve Tables ; 
but if a man's freedom (liber tas) was in issue, the 
poena was only fifty asses. 

If the property claimed was a piece ot land, the 
claimants appeared in jure, and challenged each 
other to go on the land in the presence of witnesses 
(super stiles'*), when each made his claim. In the 
time of the Twelve Tables, says Gellius, 3 the magis- 
tratus who presided in the court accompanied the 
parties to the land in order to perfect the process in 
jure ; but this mode of procedure, which might pos- 
sibly do in very early times, must have become in- 
convenient. Accordingly, it became the practice 
for one of the claimants to go through the form of 
ejecting the other, which was called the vis civilis. 4 
The claimants took with them a clod of earth in 
jus where the process was completed. In course 
of time it became the practice to bring into court a 
clod of earth or a bit of a column, as a sign of the 
thing ; and even in the case of movable objects, a 
part was often brought into court to represent the 
whole, and the vindicatio was made as if the whole 
thing was there. It seems that the process might 
also be begun by the parties performing the cere- 
mony of the deductio on the ground before they 
came in jus, where, however, they performed the 
fiction of going to the premises and returning. The 
change in the form of procedure led to the phrase 
" ex jure manum conserere," 5 which is explained thus : 
one party called the other out of the court (ex jure) 
"ad conserendam manum in rem dc qua agebatur." 

When the legis actiones fell into disuse, the pro- 
cess of the vindicatio was altered, and became that 
of the sponsio. The term sponsio is best explained 
by giving the substance of a passage in Gaius. 6 In 
the case of an actio in rem, a man might proceed 
either per formulam petitoriam, in which the inten- 
tio of the plaintiff was that a certain thing was his 
property, or he might proceed per sponsionem, 
which did not contain such an intentio. The de- 
fendant was challenged to a sponsio in such terms 
as these : " Si homo quo de agitur ex jure Quiritium 
meus est sestertios XXV. nummos dare spondes?" 

1. (Gell., xx., 10.)— 2. (Festus, s. v.— Cic, Pro Murena, 12.) 
— 3 (xx., 10.)— 4. (Compare Gellius, xx., 10. — Cic, Pro Carina* 
I,? 32— Id.,ProTuli:o,20.)— 5. 'Gell.,xr 10.,— 6.(iv.,9h &c ) 



VINDICATIO. 



V1ND1CTA. 



The intentio in the formula was, th at if the slave 
belonged to the plaintiff, the sum of money contained 
in the sponsio ought to be paid to the plaintiff (spon- 
sionis summam actori dari debcre). The sponsio evi- 
dently took its name from the verb spondeo. If 
the plaintiff proved the slave to be his property, he 
v is entitled to a judgment. Yet the sum of money 
vas not paid, though it was the object of the inten- 
se ; for, says Gaius, " it is not poenalis, but praeju- 
dicialis, and the sponsio is introduced merely as a 
means of trying the right to the property, and this 
explains why the defendant has no restipulatio." 
The sponsio was said to be " pro pr<zde litis et vindi- 
ciarum," because it took the place of the prcedium, 
which, when the legis actiones were in use, was 
given "pro lite et vindiciis" that is, "pro re etfruc- 
tibus" by the possessor to the plaintiff. ( Vid. Pr^e- 
judicium, Pr^es.) 

This sponsio pra:judicialis was merely a technical 
mode of converting an actio in rem into an actio in 
personam, and we must suppose that there was 
some good reason for the practice. It might be 
conjectured that it was introduced in order to ob- 
viate the trouble and difficulties attendant on the 
old process of the vindicatio. 

From the expression of Gaius, it appears that 
there was also a sponsio poenalis, that is. both the 
defendant made a sponsio and the plaintiff made a 
restipulatio. Thus, in the case of u certa pecunia 
credita," the defendant's sponsio was made at the 
risk of losing the sum if he could not sustain his 
denial of the plaintiff's claim, and the plaintiff's 
restipulatio was made at the like risk if he could 
not support his claim. The poena of the sponsio 
and restipulatio belonged to the successful party. 1 
There was also a poenalis sponsio in the case of in- 
terdicts 2 and pecunia constituta. In the case of 
certa pecunia the sponsio was to the amount of one 
third of the sum demanded, which was called legiti- 
ma pars. 3 In the case of constituta pecunia the 
sponsio was to the amount of one half. 4 These 
stipulationes were fixed by law ; in other cases 
they were fixed by the Edict. 

These sponsiones were introduced probably part- 
ly with a view to check litigation, and partly with 
a view to give compensation to the party who ulti- 
mately obtained a verdict ; for otherwise there do 
not appear in the Roman law to be any direct pro- 
visions as to the costs of suits. Thus Gaius 5 enu- 
merates four modes in which the actoris calumnia 
is checked : the calumnies judicium, contrarium 
judicium, jusjurandum, and the restipulatio. The 
Testipulatio, he says, " is allowed in certain cases ; 
and, as in the contrarium judicium, the plaintiff has 
'n all cases judgment against him if he cannot sus- 
tain his case, and it matters not whether or not he 
knows that his claim was not good, so in all cases 
the plaintiff (that is, if he cannot sustain his case) 
is condemned in the penalty of the restipulatio." 

As to the form of the sponsio, the passage of Ga- 
ius already referred to is an example ; and there is 
another in the oration of Cicero, Pro Publ. Quintio. 6 
The use of the word si or ni in the sponsio would 
depend on the fact which was affirmed, or, rather, 
on the mode of affirmation and the party affirming. 
Cicero 7 alludes to the use of these words (site, nive). 
Brissonius 8 has collected instances of them. 

The other mode of procedure in the case of vin- 
dicatio, that was in use after the legis actiones fell 
into disuse, was per formulam petitoriam, in which 
the plaintiff (actor) claimed the thing as his proper- 
ty (intendit rem suam esse). In this form of pro- 
ceeding there was the stipulatio called judicatum 



I. (Gaius, iv., 13.)— 2. (Gaius, iv., 141,165, &c.)— 3 (Cic, Pr-> 
Rose. Com., 4, 5.)— 4. (Gaius, iv., 171.) — 5. (iv., 174.)— 6. (8, 
17 )— 7. (Pro Cfficin., 23.)— 8. (De Formulis, &c, v., 7, p. 348.) 
6 R 



solvi, by which the defendant engaged to obey toe 
decree of the judex. 1 This formula was adapted 
also to the cases of praetorian ownership and the ac- 
tio publiciana.* In cases which were brought before 
the centumviri, it was the practice, at least in the 
imperial period, to come first before the praetor ur 
banus or peregrinus, in order that the matter might 
be put in the old form of the sacramentum. 3 

An hereditas was sued for like any other thing, 
either by the sacramentum, so long as it was in use, 
or the sponsio, or the petitoria formula.* 
VINDI'CLE. (Vid. Vindicatio.) 
VINDICTA. (Vid. Manumissio, Vindication 
VINDICTA. A class of actions in* the Roman 
law have reference to vindicta as their object, which 
is thus expressed : ad ultionem pertinet, in sola vin- 
dicta constitution est, vindictam continet. b Some of 
these actions had for their object simply compensa- 
tion, as the actio doli. Others had for their object 
to give the complainant something more (poena) 
than the amount of his injury, as in the furti actio, 
and sometimes in addition to this compensation 
also, as in the vi bonorum raptorum actio. A third 
class 4f actions had for its immediate object money 
or property, but this was not the ultimate object, as 
in the cases already mentioned, but merely a means : 
the real object was vindicta. This vindicta consists 
in the re-establishment of a right which has been 
violated in the person of the complainant, in which 
case the individual discharges the office which the 
state discharges generally in matters of crime. 
Those actions of which vindicta is the object are 
distinguished from other actions by forming excep- 
tions to the general rules as to the legal capacity of 
those who may institute them, such as a filiusfamil- 
ias, and one who has sustained a capitis diminutio. 
The following are actions of this kind : 1. Actio 
injuriarum. When a filiusfamilias was injured, a 
wrong was done both to him and to his father. The 
injury done to the son is the only one that belongs 
to the head of vindicta. The father generally 
brought the action, for he could acquire through his 
son all rights of action. But the son could bring an 
action in his own name, with the permission of the 
praetor, if fhe father was absent, or was in any way 
prevented from bringing the action, and in some 
cases if the father refused to bring the action. The 
pecuniary damages which were the immediate ob 
ject of the action belonged to the father, so that the 
son appeared in the double capacity of suing in his 
own name in respect of the vindicta, and as the 
representative of his father in respect of the dama- 
ges. If the son was emancipated, the right of ac- 
tion passed to him, and was not destroyed by the 
capitis diminutio. 

2. Actio sepulchri violati, which could be brought 
by the children of the deceased, even if they re- 
fused the hereditas, or by the heredes. The object 
was vindicta, which was effected by giving the 
plaintiff damages toth » amount of the wrong (quan- 
ti ob earn rem cequum ndebitur, &c. 6 ). The action 
was consequently in bonum et aequum concepta, and 
the right was not affected by a capitis diminutio. 
If those who had a right to bring the action neg- 
lected to do so, any person might bring the action ; 
but in that case they were limited to 100 aurei by 
the Edict. 

3. Actio de effusis. When a free person was 
injured by anything being poured or thrown from a 
house, he had an actio in bonum et aequum concep- 
ta, the ultimate object of which was vindicta. 

4. An action for mischief done to a man by any 

1. (Gaius, iv., 91.)— 2. (Gaius, iv., 34, 36.)— 3. (Gaius, iv., 31, 
95._Gell., xx., 10.)— 4. (Walter, Gesch. des Ri)m. Rechts.)— A. 
(Dig. 47, tit. 12, s. 6, 10 : 29. tit. 2, s. 20, $ 5 )— 6. (Dig. 47, tit 
12, s. 3.) 

1049 



VTNEA. 



VINUM. 



dangerous animal belonging to another, when it 
happened through the want of proper caution on 
the part of the owner. 1 

5. Interdictum quod vi aut clam. This is a plaint 
which could be instituted by a filiusfamilias in his 
own name, because the object was vindicta. The 
ground of this capacity of a filiusfamilias was an in- 
jury done to him personally by a person who acted 
in opposition to his remonstrance. If, for instance, 
the son inhabited a house belonging to his father or 
one hired from a stranger, and was disturbed in 
his enjoyment by some act of his neighbour, the 
filiusfamilias might have an action for the amount 
of the damage, but the pecuniary satisfaction would 
belong to the father, as in the case of the actio in- 
juriarum. But the action was not in bonum et 
aequum concepta, since it had a definite object, 
which was either the restoration of things to their 
former condition, which might be immediately for 
the benefit of the filiusfamilias, or to ascertain the 
value of the wrong done {quod interest). 

6. The action against a libertus in respect of an 
in jus vocatio. {Vid. Patronus.) If the libertus 
had proceeded against the son of his patron, and the 
father was absent, the son could institute the suit 
himself, as in the case of the actio injuriarum. 

7. Querela inofficiosi. {Vid. Testament.) 

8. Actiones populares, which are actions in which 
the plaintiff claims a sum of money, but not as a 
private individual : he comes forward as a kind of 
representative of the state. If the act complained 
of be such as affects the interests of individuals as 
such, they can bring an action in preference to any 
other person, and the action is not purely popular : 
to this class belong such actions as the actio sepul- 
cri violati. But if there are no persons who are in- 
dividually interested in the matter complained of, or 
none such bring an action, any person {units ex pop- 
ulo) may bring the action, as the procurator of the 
state, and he is not bound to give the security 
which an ordinary procurator must give. A filius- 
familias can bring such action. By virtue of the 
litis contestatio, the action becomes the same as if 
it were founded on an obligatio, and this right of 
action, as well as the money which may arise from 
it, is acquired by the filiusfamilias for his father. 
These actiones being for fixed sums of money, are 
not in bonum et aequum conceptee. 

With the populares actiones may be classed, as 
belonging to the same kind, the interdicta publica or 
popularia, and that novi operis nuntiatio which is 
for the protection of publicum jus ; with this dis- 
tinction, that the proceedings have not for their ob- 
ject the recovery of a sum of money. But in the 
general capacity of all persons to bring such actions, 
independent of the usual rules as to legal capacity, 
all these modes of proceeding agree. 9 

VI'NEA, in its literal signification, is a bower 
formed of the branches of vines, and, from the pro- 
tection which such a leaty roof affords, the name 
was applied by the Romans to a roof under which 
the besiegers of a town protected themselves against 
darts, stones, fire, and the like, which were thrown 
by the besieged upon the assailants. The descrip- 
tion which Vegetius 3 gives of such a machine per- 
fectly agrees with what we know of it from the in- 
cidental mention by other writers. The whole ma- 
chine formed a roof, resting upon posts eight feet in 
height. The roof itself was generally sixteen feet 
long and seven broad. The wooden frame was in 
most cases light, so that it could be carried by the 
soldiers ; sometimes, however, when the purpose 
which it was to serve required great strength, it 
was heavy, and then the whole fabric probably was 

I. (Dig. 21, tit. 1, t) 40-43.)— 2. (Savigny, System des heut. 
*An Itechts, ii., 121.)— 3. (De Re Mil., iv. 15.) 
1050 



moved by wheels attached to the posts. The roo! 
was formed of planks and wickerwork, and the up- 
permost layer or layers consisted of raw hides or 
wet cloth, as a protection against fire, by which thp. 
besieged frequently destroyed the vineae. 1 The 
sides of a vinea were likewise protected by wicker- 
work. Such machines were constructed in a safe 
place at some distance from the besieged town, and 
then carried or wheeled {agere) close to its walla. 
Here several of them were frequently joined to- 
gether, so that a great number of soldiers might be 
employed under them. When vineae had taken 
their place close to the walls, the soldiers began 
their operations, either by undermining the w r alls, 
and thus opening a breach, or by employing the bat- 
tering-ram {aries*). In the time of Vegetius, the 
soldiers used to call these machines causice. 3 

VINUM {olvog). The general term for the fer- 
mented juice of the grape. 

The native country of the vine was long a vex- 
ata quesstio among botanists, but, although many 
points still remain open for debate, it seems now to 
be generally acknowledged that it is indigenous 
throughout the whole of that vast tract which 
stretches southward from the woody mountains of 
Mazanderan on the Caspian to the shores of the 
Persian Gulf and the Indian Sea, and eastward 
through Khorasan and Cabul to the base of the 
Himalaya — the region to which history and philolo 
gy alike point as the cradle of the human race, 
Hence, when we consider the extreme facility of 
the process in its most simple form, we need little 
wonder that the art of making wine should ha"e 
been discovered at a very remote epoch. 

In the earliest of profane writers, the cultivatior 
of the grape is represented as familiar to the Heroic 
Greeks, some of his most beautiful and vivid pic- 
tures of rural life being closely connected with the 
toils of the vineyard. It is worth remarking, that 
the only wine upon whose excellence Homer dilates 
in a tone approaching to hyperbole is represented as 
having been produced on the coast of Thrace, the 
region from which poetry and civilization spread 
into Hellas, and the scene of several of the more 
remarkable exploits of Bacchus. Hence we might 
infer that the Pelasgians introduced the culture of 
the vine when they wandered westward across the 
Hellespont, and that, in like manner, it was con- 
veyed to the valley of the Po, when, at a subse- 
quent period, they made their way round the head 
of the Adriatic. It seems certain, from various le- 
gends, that wine was both rare and costly in the 
earlier ages of Italian and Roman history. Thus a 
tradition preserved by Varro 4 told that, when Me- 
zentius agreed to aid the Rutulians, he stipulated 
that the produce of the Latian vineyards should be 
his recompense. Romulus is said to have used 
milk only in his offerings to the gods : 5 Numa, to 
check extravagance, prohibited the sprinkling ol 
wine upon the funeral pyre, and, to stimulate the 
energies of the rustic population, he ordained that 
it should be held impious to offer a libation to the 
gods of wine which had flowed from an unpruned 
stock. So scarce was it at a much later period, 
that Papirius the dictator, when about to join bat- 
tle with the Samnites, vowed to Jupiter a small 
cupful {vini pocillum) if he should gain the victory. 
That wine was racked off into amphora?, and stored 
up in regular cellars as early as the era of the 
Gracchi, Pliny considers proved by the existence in 
his own day of the Vinum Opimianum, described 
hereafter. But even then no specific appellation 
was given to the produce of different localities, and 



1 (Liv., ii., 17,—Id., v., 7.— Id., xxi., 61.)— 2. (Liv., xxi., 7, 
8.)— 3. (Lipsius, Poliorcet., i., dial. 7.)-4. (ap. Plm., H. N. 
xiv.. 140—5. (Plin., 1. c0 




VIXUM. 



the jar was marked with the name of the consul 
alone. For many years after this, foreign wines 
were considered far superior to native growths ; and 
so precious were the Greek vintages esteemed in 
the times of Marius and Sulla, that a single draught 
only was offered to the guests at a banquet. The 
rapidity with which luxury spread in this matter is 
well illustrated by the saying of M. Varro, that Lu- 
cullus, when a boy, never saw an entertainment in 
his father's house, however splendid, at which Greek 
wine was handed round more than once, but when, 
m manhood, he returned from his Asiatic conquests, 
he bestowed on the people a largess of more than a 
hundred thousand cadi. Four different kinds of 
wine are said to have been presented for the first 
time at the feast given by Julius Caesar in his third 
consulship (B.C. 46), these being Falernian, Chian, 
Lesbian, and Mamertine, and not until after this 
date were the merits of the numerous varieties, for- 
eign and domestic, accurately known and fully ap- 
preciated. But during the reign of Augustus and 
his immediate successors the study of wines be- 
came a passion, and the most scrupulous care was 
bestowtd upon every process connected with their 
production and preservation. 1 Pliny calculates that 
the number of wines in the whole world deserving 
to be accounted of high quality (nobilia) amounted 
to eighty, of which his own country could claim 
two thirds ; 3 and in another passage 3 he asserts 
that 195 distinct kinds might be reckoned up, and 
that, if all the varieties of these were to be inclu- 
ded in the computation, the sum would be almost 
doubled. 

The process followed in wine-making was essen- 
tially the same among both the Greeks and the Ro- 
mans. After the grapes had been gathered, they 
were first trodden with the feet, and afterward sub- 
mitted, to the action of the press. This part of the 
process of wine-making is described in the article 

ToRCULUM. 

The sweet, un fermented juice of the grape was 
termed yXevnoc by the Greeks and mustum by the 
Romans, the latter word being properly an adjec- 
tive signifying new or fresh. Of this there were 
several kinds, distinguished according to the man- 
ner in which each was originally obtained and sub- 
sequently treated. That which flowed from the 
clusters, in consequence merely of their pressure 
upon each other before any force was applied, was 
known as Trpoxvfia* or protropum, 6 and was reserved 
for manufacturing a particular species of rich wine 
described by Pliny, 7 to which the inhabitants of 
Mytilene gave the name of npodpojiog or izpoTponoc . 8 
That which was obtained next, before the grapes 
had been fully trodden, was the mustum lixivium, and 
was considered best for keeping. 9 After the grapes 
had been fully trodden and pressed, the mass was 
taken out, the edges of the husks cut, and the whole 
again subjected to the press ; the result was the 
mustum tortivum or circumsisitum, 10 which was set 
apart and used for inferior purposes. 

A portion of the must was used at once, being 
drunk fresh after it had been clarified with vinegar. 11 
When it was desired to preserve a quantity in the 
sweet state, an amphora was taken and coated with 
pitch within and without ; it was filled with mustum 
lixivium, and corked so as to be perfectly air-tight. 
It was then immersed in a tank of cold, fresh wa- 
ter, or buried in wet sand, and allowed to remain 
for six weeks or two months. The contents, after 
this process, were found to remain unchanged for a 




VllStJIVl. 

year, and • ence the name del yXevKoc, i. e., sempet 
mustum. 1 A considerable quantity of must from 
the best a:id oldest vines was inspissated by boil- 
ing, being then distinguished by the Greeks under 
the general names of bpq/ia or yhvtjic,* while the 
Latin writers have various terms, according to the 
extent to which the evaporation was carried. Thus, 
when the must was reduced to two thirds of its ori- 
ginal volume, it became carcnum (Pallad. Octobi., 
tit. xviii.) ; when one half had evaporated, defrutum; 1 
when two thirds, sapa (known also by the Greek 
names sircEum and hepsema*) ; but these words are 
frequently interchanged. 5 Similar preparations are 
at the present time called in Italy musto cotto and 
sapa, and in France sabe. The process was carried 
on in large caldrons of lead (vasa defrutaria), iron 
or bronze being supposed to communicate a disa- 
greeable flavour, over a slow fire of chips, on a 
night when there was no moon, 6 the scum being 
carefully removed with leaves, 7 and the liquid con- 
stantly stirred to prevent it from burning. 8 These 
grape-jellies, for they were nothing else, were used 
extensively for giving body to poor wines and ma- 
king them keep, and entered as ingredients into 
many drinks, such as the burranica potio, so called 
from its red colour, which was formed by mixing 
sapa with milk, 9 and others described hereafter. 

The whole of the mustum not employed for some 
of the above purposes was conveyed from the lacus 
to the cella vinaria (oIvoOjjkv, -rudeuv 10 ), an apartment 
on the ground floor or a little below the surface, 
placed in such a situation as to secure a moderate 
and equable temperature, and at a distance from 
dunghills or any objects emitting a strong odour. 11 
Here were the dolia (ttWol), otherwise called seria 
or cupa, long, bell-mouthed vessels of earthenware 
(hooped tubs of wood being employed in cold cli- 
mates only 12 ), very carefully formed of the best clay 
and lined with a coating of pitch (rrtao-udtvTa, pi- 
cata), the operation (t'hjooglc, picatio) being usually 
performed while they were hot from the furnace. 
They were usually sunk (depressa, defossa, demersa) 
one half or two thirds in the ground ; to the former 
depth if the wine to be contained was likely to 
prove strong, to the latter if weak ; and attention 
was paid that they should repose upon a dry bed. 
They were, moreover, sprinkled with sea-water, fu- 
migated with aromatic plants, and rubbed with then 
ashes, all rank smelling substances, such as rotten 
leather, garlic, cheese, and the like, being removed, 
lest they should impart a taint to the wine. 13 In 
these dolia the process of fermentation took place. 
They were not filled quite full, in order that the 
scum only might boil over, and this was also cleared 
off at regular intervals by skimming, and carried to 
a distance. The fermentation usually lasted for 
about nine days, and as soon as it had subsided, 
and the mustum had become vinum, the dolia were 
closely covered, the upper portion of their interim 
surface as well as the lids (opercula doliorum) hav- 
ing been previously well rubbed over with a com- 
pound of defrutum, saffron, old pitch, mastic, and 
fir-cones. 1 * The opercula were taken off about once 
every thirty-six days, and oftener in hot weather, 
in order to cool and give air to the contents, to add 
any preparation that might be required to preserve 

1. (Geopon., vi., 16.— Plut., Q. N., 26.— Cato, R. ft., 12( - 
Colum., xii., 29.— Plin., II. N., xiv., 11.)— 2. (Allien., i., 31, c.' 
—3. (Plin., H. N., xiv., 9.)— 4. (Plin., I. c.)— 5. (See Van. ap 
Non., c. 17, n. 14.— Columell., xii., 19.)-6. (Plin., H. N., xviii., 
74.)— 7. (Plin., 1. c— Virg., Georg., i., 269.— Id. ib., iv., 296.;— 
8. (Plin., H. N., xxiii., 2.— Cato, R. R., 105. —Columell., xii., 
19, 20, 21.— Pallad., xi., 18— Dioscor., v., 9.) — 9. (Festus, s. v 
Burranica. — Compare Ovid, Fast., iv., 782.)— 10. (Geopon, vi., 2, 
12.)— 11. (Varro, R. R., i., 13.— Geopon., 1. c.)— 12. (Plin., H. N., 
xiv., 21.)— 13. (Geopon, vi.,2, 3, 4.— Cato, R. R., 23— Varro, i., 
13.— Colum., xii., 18, 25.— Dig. 33, tit. 6, s. 3.) — 14. (Geopon. 
vi., 12. — Cato, F R , 107. — Varro, i., 65.— Colum., xii., 25,30.) 

1051 



VINUM. 



VINUM. 



them sound, and to remove any impurities that 
might be thrown up. Particular attention was paid 
to the peculiar light scum, the uvdog olvov (flos vini), 
which frequently appeared on the surface after a 
certain time, since it was supposed to afford indi- 
cations by its colour and consistence of the quality 
of the wine. If red (Tropcpvpi&v), broad, and soft, it 
was a sign that the wine was sound ; if glutinous, 
it was a bad symptom ; if black or yellow, it deno- 
ted want of body ; if white, it was a proof that the 
wine would keep well (/xovifiov). Each time that 
the opercula were replaced, they were well rubbed 
with fir-cones. 1 (Vid. Thyrsus.) 

The commoner sorts of wine were drunk direct 
from the dolium, and hence draught wine was call- 
ed vinum dollar e or vinum de cupa, 2 but the finer 
kinds, such as were yielded by choice localities, and 
possessed sufficient body to bear keeping, were 
drawn off (diffundere, pe-ayytfriv) into amphora or 
lagence, many fanciful precautions being observed 
in transferring them from the larger to the smaller 
vessel. 3 These amphora were made of earthen- 
ware, and in later times occasionally of glass ; they 
were stopped tight by a plug of wood or cork {cor- 
tex, suber), which was rendered impervious to air 
by being smeared over with pitch, clay, or gypsum. 
On the outside the title of the wine was painted, 
the date of the vintage being marked by the names 
of the consuls then in office, or when the jars were 
of glass, little tickets ( pittacia, tessera) were sus- 
pended from them indicating these particulars. 4 
The amphorae were then stored up in repositories 
(apotheca, 5 horrea, 6 tabulata?), completely distinct 
from the cella vinaria, and usually placed in the up- 
per story of the house (whence descende, testa, 6 de- 
ripere horreo 9 ), for a reason explained afterward. 

it is manifest that wines prepared and bottled, 
if we may use the phrase, in the manner described 
above, must have contained a great quantity of dregs 
and sediment, and it became absolutely necessary 
to separate these before it was drunk. This was 
sometimes effected by fining with yolks of eggs, 
those of pigeons being considered most appropriate 
by the fastidious, 10 or with the whites whipped up 
with salt, 11 but more commonly by simply straining 
through small cup-like utensils of silver or bronze, 
perforated with numerous small holes, and distin- 
guished by the various names vXiarnp, rpvyoinog, ijd- 
uoc, colum vmarium. 12 ( Vid. Colum.) Occasionally 
a piece of linen cloth (gukkoc , saccus) was placed over 
the TpvyotixoQ or colum, 1 ' 6 and the wine (aaKKiqg, sac- 
catus) filtered through. 14 The use of the saccus was 
considered objectionable for all delicate wines, 
since it was believed to injure, 15 if not entirely to 
destroy their flavour, and in every instance to di- 
minish the strength of the liquor. For this reason 
it was employed by the dissipated, in order that they 
might be able to swallow a greater quantity with- 
out becoming intoxicated. 16 The double purpose 
of cooling and weakening was effectually accom- 
plished by placing ice or snow in the filter, which 
under such circumstances became a colum nivari- 
um 1 ' 1 or saccus nivarius. 1 * 

The wine procured from the mustum tortivum, 
which was always kept by itself, must have been 
thin and poor enough, but a still inferior beverage 
was made by pouring water upon the husks and 
stalks after they had been fully pressed, allowing 

1. (Geopon., vii., 15.— Colum., xii., 38.)— 2. (Dig. 18, tit. 6, s. 
1, H-— Varr. ap. Non., c. 2, n. 113.)— 3. (Geopon., vii., 5, 6. — 
Compare Plin., xiv., 27.)— 4. (Petron., 34.)— 5. (Colum., i., 6.— 
Plin., Ep., ii., 17.)— 6. (Senec.,Ep., 115.)— 7. (Colum., xii., 41.) 
—8. (Hor., Carm., iii., 21, 7.)— 9. (Hon, Carm., iii., 28, 7.)— 10. 
|Hor., Sat., ii., 4, 51.) — 11. (Geopon., vii., 22.) — 12. (Geopon., 
vii., 37.)— 1? (Pollux, vi., 10 ; x., 75.) — 14. (Martial, viii.,45.) 
—15. (Hor., Sat., ii., 4, 51.) — 16. (Plin., xiv., 22.— Compare xxiii., 
1, 24 ; xix., 4, 19.— Cic. ad Fam., ii.,8.;— 17. (Martial, xiv., 103.) 
-18. (xiv., 104.) 
1052 



them to soak, pressing again, and fermenting the 
liquor thus obtained. This, which was given to 
the labourers in whiter instead of wine, was the 
-&a/xva or devrepioQ of the Greeks, the lora or vinum. 
operarium of the Romans, and, according to Varro, 1 
was, along with sapa, defrutum, and passum, the 
drink of elderly women. 3 The Greeks added the 
water in the proportion of one third of the must pre- 
viously drawn off, and then boiled down the mix* 
ture until one third had evaporated ; the Italians 
added the water in the proportion of one tenth of 
the must, and threw in the skimmings of the de- 
frutum and the dregs of the lacus. Another drink 
of the same character was the facatum from wine- 
lees, and we hear also of vinum praliganeum given 
to the vintagers, which appears to have been man- 
ufactured from inferior and half-ripe fruit gathered 
before the regular period. 3 We find an analogy to 
the above processes in the manufacture of cider, 
the best being obtained from the first squeezing of 
the apples, and the worst from the pulp and skins 
macerated in water. 

In all the best wines hitherto described, the 
grapes are supposed to have been gathered as soon 
as they were fully ripe, and fermentation to have 
run its full course. But a great variety of sweet 
wines were manufactured by checking the ferment- 
ation, or by partially drying the grapes, or by con- 
verting them completely into raisins. The ylvKoc. 
olvoc of the Geoponic writers 4 belongs to the first 
class. Must obtained in the ordinary manner was 
thrown into the dolia, which remained open for three 
days only, and were then partially covered for two 
more ; a small aperture was left until the seventh 
day, when they were luted up. If the wine was 
wished to be still sweeter, the dolia were left open 
for five days, and then at once closed. The free ad- 
mission of air being necessary for brisk fermenta- 
tion, and this usually continuing for nine days, it is 
evident that it would proceed weakly and imperfect- 
ly under the above circumstances. For the vinum 
dulce of Columella, 5 the grapes were to be dried in 
the sun for three days after they were gathered, 
and trodden on the fourth during the full fervour of 
the midday heat. The mustum lixivium alone was 
to be used, and after the fermentation was finished, 
an ounce of well-kneaded iris-root was added to 
each 50 sextarii ; the wine was racked off from the 
lees, and was found to be sweet, sound, and whole- 
some. 6 For the vinum diachytum, more luscious 
still, the grapes were exposed to the sun for seven 
days upon hurdles. 7 

Lastly, passum or raisin-wine was made from 
grapes dried in the sun until they had lost half their 
weight ; or they were plunged into boiling oil, which 
produced a similar effect ; or the bunches, after they 
were ripe, were allowed to hang for some weeks 
upon the vine, the stalks being twisted, or an incis- 
ion made into the pith of the bearing shoot, so as 
to put a stop to vegetation. The stalks and stones 
were removed, the raisins were steeped in must or 
good wine, and then trodden or subjected to the 
gentle action of the press. The quantity of juice 
which flowed forth was measured, and an equal 
quantity of water added to the pulpy residuum, 
which was again pressed, and the product employed 
for an inferior passum called secundarium, an ex- 
pression exactly analogous to the devripioc mention- 
ed above. The passum of Crete was most prized, 8 
and next in rank were those of Cilicia, Africa, Italy, 
and the neighbouring provinces. The kinds known 
as Psythium and Melampsythium possessed the pe- 

1. (ap. Non., xvii., 13.)— 2. (Vid. Allien., x., p. 440.)— 3. (G» 
opon., vi.,3. — Cato, R. R., 23-57, 153. — Varro, i., 54. — Colum, 
xii., 40.— Plin., H. N., xiv., 12.)— 4. (vii., 19.)— 5. (xii., 27.)— d 
(Colum., 1. c.)— 7. (Plin., H. N., xiv., 11.)— 8. (Mart., xiii 106 
— Juv., Sat., xiv., 270.) 



VINUM. 



VINUM. 



culiar flavour of the grape, and noi that of wine ; the 
Scybillites from Galatia and the Haluntium from 
Sicily, in like manner, tasted like must. The grapes 
most suitable for passum were those which ripened 
early, especially the varieties Apiana (called by the 
Greeks Sticha), Scirpula, and Psithia. 1 

The Greeks recognised three colours in wines : 
red {jielac), white, i. e., pale straw-colour (kevubc), 
and brown or amber-coloured (/ap/66c). 2 Pliny dis- 
tinguishes four: albus, answering to levnoc, fulvus 
to Kififioc, while p.e'Xag is subdivided into sanguineus 
and niger, the former being doubtless applied to 
bright, glowing wines, like Tent and Burgundy, 
while the niger or ater 3 would resemble Port. In 
the ordinary Greek authors the epithet kpvdpoe is as 
common as /xelac, and will represent the sanguineus. 

We have seen that wine intended for keeping 
was racked off from the dolia into amphoiae. When 
it was necessary, in the first instance, to transport 
it from one place to another, or when carried by 
travellers on a journey, it was contained in bags 
made of goatskin (do-/cot, utres), well pitched over, so 
as to make the seams perfectly tight. The cut be- 
low, from a bronze found at Herculaneum.* exhibits 
a Silenus astride upon one of them. When the 




ijuantity was large, a number of hides were sewed 
together, and the leathern tun thus constructed car- 
ried from place to place in a cart, as shown in the 
illustration on page 54. 5 

As the process of wine-making among the an- 
cients was based upon no fixed principles, and for 
the most part conducted in a most unscientific man- 
ner, it was found necessary, except in the case of 
the finest varieties, to have recourse to various de- 
vices for preventing or correcting acidity, heighten- 
ing the flavour, and increasing the durability of the 
second growths. This subject was reduced to a 
regular system by the Greeks : Pliny mentions four 
authors who had written formal treatises, and the 
authors of the Geoponic collection, together with 
Cato, Varro, and Columella, supply a multitude of 
precepts upon the same topic. The object in view 
was accomplished sometimes by merely mixing dif- 
ferent kinds of wine together, but more frequently 
by throwing into the dolia or amphorae various con- 
diments or seasonings (aprvceic, medicamina, condi- 
tio ra). When two wines were mixed together, those 

1. (Geopon., vii., 18.— Colum., xii., 39. — Plin., II. N., xiv., 11. 
— Virg., Georsr., ii., 93.)— 2. (Athen., i., p. 32, c.) — 3. (Plaut., 
Menaech., v., 6, 17.) — 4. (Mus. Borbon., vol. iii., tav. 28.) — 5. 
(Compare Lucian, Lex., 6- 



were selected which possessed opposite good quai* 
ties and defect?. 1 

The principal substances employed as conditura 
were, 1. sea- water; 2. turpentine, either pure or in 
the form of pitch (pix), tar {pix liquida), or resin (re- 
sina) ; 3. lime, in the form of gypsum, burned marble, 
or calcined shells ; 4. inspissated must ; 5. aromatic 
herbs, spices, and gums ; and these were used 
either singly, or cooked up into a great variety ol 
complicated confections. 

We have already seen that it was customary to 
line the interior of both the dolia and the amphorae 
with a coating of pitch ; but, besides this, it was 
common to add this substance, or resin in powder, 
to the must during the fermentation, from a convic- 
tion that it not only rendered the wine more full 
bodied, but also communicated an agreeable bouquet 
together with a certain degree of raciness or pi- 
quancy. 2 Wine of this sort, however, when new 
{novitium resinatum), was accounted unwholesome, 
and apt to induce headache and giddiness. From 
this circumstance it was denominated crapula, and 
was itself found to be serviceable in checking the 
fermentation of the must when too violent. 

It must be remembered, that when the vinous fer 
mentation is not well regulated, it is apt to be re 
newed, in which case a fresh chemical change takes 
place, and the wine is converted into vinegar {b%oc, 
acctum), and this acid, again, if exposed to the air, 
loses its properties, and becomes perfectly insipid, 
in which form it was called vappa by the Romans, 
who used the word figuratively for a worthless 
blockhead. 

Now the great majority of inferior wines, being 
thin and watery, and containing little alcohol, are 
constantly liable to undergo these changes, and 
hence the disposition to acescence was closely 
watched, and combated as far as possible. With 
this view those substances were thrown into the 
dolia which it was known would neutralize any 
acid which might be formed, such as vegetable ash- 
es which contain an alkali, gypsum, and pure lime, 
besides which we find a long list of articles, which 
must be regarded as preventives rather than cor- 
rectives, such as the various preparations of turpen- 
tine already noticed, almonds, raisins steeped in 
must, parched salt, goats'-milk, cedar-cones, gall- 
nuts, blazing pine-torches, or red-hot irons quenched 
in the liquid, and a multitude of others. 3 But, in 
addition to these, which are all harmless, we find 
some traces of the use of the highly-poisonous salts 
of lead for the same purpose,* a practice which 
produced the most fatal consequences in the Middle 
Ages, and was prohibited by a series of the most 
stringent enactments. 5 

Defrulum also was employed to a great extent ; 
but, being itself liable to turn sour, it was not used 
until its soundness had been tested by keeping it for 
a year. It was then introduced, either in its simple 
state, in the proportion of a sextarius to the ampho- 
ra, that is, of 1 to 48, or it was combined with a 
great variety of aromatics, according to a prescrip- 
tion furnished by Columella. 6 In this receipt, and 
others of the same kind, the various herbs were in- 
tended to give additional efficacy to the nourishing 
powers of the defrutum, and great pains were taken 
to prevent them from affecting the taste of the wine. 
But from a very early period it was customary to 
flavour wine highly by a large admixture of per- 
fumes, plants, and spices. We find a spiced drink 
(tf upu/iuTuv KaraaKEvaCofievoc) noticed under the 
name of rpc/ifia by Atheneeus and the writers of the 

1. (Athen., i., p. 32, 6.)— 2. (Plin., II. N., xiv., 25.— Plutarch, 
Syrup., v., 3.)— 3. (Geopon., vii., 12, 15, 16, <fcc.)— 4. (Geopon.. 
vii., 19.) — 5. (Yid. Beckmann's Hit tory of Inventions, vol i., p. 
39fi.)-6. (xii., 20.) 

K)53 



VINUM 



VINUM. 



new comedy, 1 and for the whole class Pliny has the 
general term aromatites. 2 

There was another and very numerous family of 
wines, entitled olvot vyieivoi, into which drugs were 
introduced to produce medicinal effects. Such were 
vinum marrubii (horehound) for coughs ; the scillites 
(squill- wine), to assist digestion, promote expectora- 
tion, and act as a gentle tonic ; absinthites (wine of 
wormwood), corresponding to the modern vermuth ; 
and, above all, the myrtites (myrtleberry-wine), 
which possessed innumerable virtues. 3 

Pliny, under the head of vinajictitia, includes not 
only the olvot vyieivoi, but a vast number of oth- 
ers, bearing a strong analogy to our British home- 
made wines, such as cowslip, ginger, elderberry, 
and the like ; and as we manufacture Champagne out 
of gooseberries, so the Italians had their imitations 
of the costly vintages of the most favoured Asiatic 
isles. These vina fictitia were, as may be imagined, 
almost countless, every variety of fruit, flower, 
vegetable, shrub, and perfume being put in requisi- 
tion : figs, cornels, medlars, roses, asparagus, pars- 
ley, radishes, laurels, junipers, cassia, cinnamon, 
saffron, nard, malobathrum, afford but a small sam- 
ple. It must be remarked that there was one ma- 
terial difference between the method followed by the 
Greeks and that adopted by the Romans in cooking 
these potions. The former included the drug, or 
whatever it might be, in a bag, which was suspend- 
ed in a jar of wine, and allowed to remain as long 
as was thought necessary ; the latter mixed the 
flavouring ingredient with the sweet must, and fer- 
mented them together, thus obtaining a much more 
powerful extract ; and this is the plan pursued for 
British wines, except that we are obliged to sub- 
stitute sugar and water for grape-juice.* 

But not only were spices, fragrant roots, leaves, 
and gums steeped in wine or incorporated during 
fermentation, but even the precious perfumed es- 
sential oils (unguenta) were mixed with it before it 
was drunk. The Greeks were exceedingly partial 
to this kind of drink. 5 We also learn from iElian 6 
that it was named (ivp^ivirnc, which seems to be the 
same with the fivpfiivnc of Poseidippus, 7 the jivppivn 
of Hesychius, the fj.vpivnc of Pollux, 8 and the mur- 
rhina of Plautus. 9 The Romans were not slow to 
follow the example set them, valuing bitterness so 
highly, says Pliny, 10 that they were resolved to enjoy 
costly perfumes with two senses, and hence the ex- 
pressions "foliata sitis" in Martial, 11 and u per f us a 
mero spumant unguenta Falerno' 1 '' in Juvenal. 12 

In a more primitive age we detect the same fond- 
ness for the admixture of something extraneous. 
Hecamede, when preparing a draught for Nestor, 
fills his cup with Pramnian wine, over which she 
grates goat-milk cheese, and sprinkles the whole 
with flour, 13 the latter being a common addition at a 
much later epoch. 14 So, also, the draught adminis- 
tered by Circe consisted of wine, cheese, and hon- 
ey ; and, according to Theophrastus, 15 the wine 
drunk in the prytaneum of the Thasians was ren- 
dered delicious by their throwing into the jar which 
contained it a cake of wheaten flour kneaded up 
with honey. 1 * 

This leads us on to notice the most generally 
popular of all these compound beverages, the oivofieli 
of the Greeks, the mulsuni of the Romans. This 
was of two kinds ; in the one honey was mixed 

1. (Athen., i., p. 31, c— Pollux, Onom., vi., 18.)— 2. (xiv., 19, 
$ 5.)— 3. (Columell., 32, 39.— Geopon., viii., 1, &c.)— 4. (Geo- 
pon., viii., 32, 33, 34.— Plin., H. N., xiv., 19.— Colum., 11. cc— 
€ato, R. R., 114, 115.)— 5. i^Elian, V. H., xii., 31.)— 6. (1. c.)— 
7. (Athen., i., p. 32, b.)— 8. (vi., 2.)— 9. (Pseudol., ii., 4. 50.— 
Compare "nardfrii amphoram:" Miles Glor., iii., 2, 11. — Festus, 
s.v. " Murrata potio" and " Murrina.")— 10. (H. N., xiii., 5.)— 
11 (xiv., 110.)— 12. (vi., 303.)— 13. (II., xi., 638.)— 14. (Athen., 
t., p. 432.) — 15 (Athen., i., p. 32, a.) — 16. (Compare Plat., 
Symp., i., 1, 4.) 
U)54 



with wine, in the other with must. The farmer 
was said to have been invented by the legendary 
hero Aristaeus, the first cultivator of bees, 1 and was 
considered most perfect and palatable when made 
of some old, rough (austerum) wine, such as Massic 
or Falernian (although Horace objects to the latter 
for this purpose 2 ), and new Attic honey. 3 The 
proportions, as stated in the Geoponic collection 
were four, by measure, of wine to one of honey 
and various spices and perfumes, such as myrrh, 
cassia, costum, malobathrum, nard, and pepper, 
might be added. The second kind, the oznomelum 
of Isidorus, 4 according to the Greek authorities, 5 
was made of must evaporated to one half of its 
original bulk, Attic honey being added in the pro- 
portion of one to ten. This, therefore, was merely 
a very rich fruit sirup in no way allied to wine. 
The virtues of mulsum are detailed by Pliny ; s it 
was considered the most appropriate draught upon 
an empty stomach, and was therefore swallowed 
immediately before the regular business of a repast 
began, 7 and hence the whet (gustatio) coming before 
the cup of mulsum was called the promulsis. 6 We 
infer from Plautus 9 that mulsum was given at a tri- 
umph by the imperator to his soldiers. 

Mulsum (sc. vinum) or oivo/xeTii is perfectly dis- 
tinct from mulsa (sc. aqua). The latter, or mead, 
being made of honey and water mixed and ferment- 
ed, is the jieAiKparov or vSpo/j.e2,i of the Greeks, 10 al- 
though Pollux confounds 11 [leliKparov with oivo/ieli- 
Again, vdpouijTiov 12 or hydromelum 13 was cider; bi-v- 
fxeXi 1 * was a compound of vinegar, honey, salt, and 
pure water, boiled together and kept for a long 
time ; p"o66ueli was a mere confection of expressed 
juice of rose-leaves and honey. 15 

The ancients considered old wine not only more 
grateful to the palate, but also more wholesome and 
invigorating; 16 and, curiously enough, Pliny seems 
to suppose that it grew more strong and fiery by 
age, in consequence of the dissipation of the watery 
particles. 17 Generally speaking, the Greek wines do 
not seem to have required a long time to ripen. 
Nestor, in the Odyssee, indeed, drinks wine ten 
years old, 18 and wine kept for sixteen years is inci- 
dentally mentioned by Athenaeus ; 19 but the con- 
noisseurs under the Empire pronounced that all 
transmarine wines arrived at a moderate degree of 
maturity (ad vetustatem mediam) in six or seven. 20 
Many of the Italian varieties, however, as we shall 
see below, required to be kept for twenty or twenty- 
five years before they were drinkable (which is now 
considered ample for our strongest Ports), and even 
the humble growths of Sabinum were stored up for 
from four to fifteen. 21 Hence it became a matter of 
importance to hasten, if possible, the natural pro- 
cess. This was attempted in various ways, some- 
times by elaborate condiments, 22 sometimes by sink- 
ing vessels containing the must in the sea, by 
which an artificial mellowness was induced (pracox 
vetustas), and the wine, in consequence, termed 
thalassites™ ; but more usually by the application 
of heat. 24 Thus it was customary to expose the 
amphorae for some years to the full fervour of the 
sun's rays, or to construct the apothecce in such a 
manner as to be exposed to the hot air and smoke 

1. (Plin.,H. N., xiv, 4.)— 2. (Sat., ii., 4, 24.)— 3. (Mart., iv. 
13.— Id., xiii., 108— Dioscor., v., 16.— Macrob., Sat.,vii., 12.)- 
4. (Orig., xx., 3, v 11.)— 5. (Geopon., viii., 26.)— 6. (H. N., xxii., 
4.— Compare Geopon., 1. c.) — 7. (Hor., Sat., ii., 4, 25. — Senec, 
Ep., 122.)— 8. (Cic, Ep. Fam., ix., 16 and 20.)— 9. (Bacch., iv , 
9, 149.— Compare Liv., xxxviii., 55.)— 10. (Geopon., viii., 28.— 
Dioscor., v., 9.— Isidor., Orig., xx., 3, t) 10.— Plin.. H. N , xiv., 
20.)— 11. (vi., 2)— 12. (Geopon., viii., 27.)— 13. (Isidor., Orig., 
xx., 3, y 11.)— 14. (Plin., H. N., xiv., 20.)— 15. (Geopon., viii., 
29.)— 16. (Athen., i., p. 26, a. ; ii., p. 36, c.)— 17. (H. N., vii., 3.) 
—18. (iii., 391.)— 19. (xiii., p. 5S4, J.)— 20. (Plin., xiv., 10.)— 
21. (Hor., Carm., i., 9, 7. — Athen., i., p. 276.) — 22. (Geopon. 
vii., 24.)— 23. (Phn.. II. N.. xiv.. 10.)— 9-4. (Plut., Symp , v., S. 



VINUM. 



VINUM. 



oi the bath furnaces, 1 and hence the name fumaria 
applied to such apartments, and the phrases fumo- 
sos,fumum bibere, fuligine testa: in reference to the 
wines. 2 If the operation was not conducted with 
care, and the amphorae not stoppered down perfect- 
ly tight, a disagreeable effect would be produced on 
tbe contents ; and it is in consequence of such care- 
lessness that Martial pours forth his maledictions 
on the fumaria of Marseilles. 3 

The year B.C. 121 is said to have been a season 
singularly favourable to all the productions of the 
earth ; from the great heat of the autumn, the wine 
was of an unprecedented quality, and remained 
long celebrated as the vinum Opimianum, from L. 
Opioius, the consul of that year, who slew Caius 
Gracchus. A great quantity had been treasured up, 
and sedulously preserved, so that samples were still 
in existence in the days of the elder Pliny, nearly 
two hundred years afterward. It was reduced, he 
says, to the consistence of rough honey, and, like 
other very old wines, so strong, and harsh, and bit- 
ter as to be undrinkable until largely diluted with 
water. Such wines, however, he adds, were use- 
ful for flavouring others when mixed in small quan- 
tities. 

Our most diiect information with regard to the 
price of common wine in Italy is derived from Col- 
umella, 4 who reckons that the lowest market price 
of the most ordinary quality was 300 sesterces for 
40 urnae, that is, 15 sesterces for the amphora, or 
Qd. a gallon nearly. At a much earlier date, the 
triumph of L. Metellus during the first Punic war 
(B.C. 250), wine was sold at the rate of 8 asses the 
amphora ; 5 and in the year B.C. 89, the censors P. Li- 
cinius Crassus and L. Julius Caesar issued a proc- 
lamation that no one should sell Greek and Amine- 
an wine at so high a rate as 8 asses the amphora ; 
but this was probably intended as a prohibition to 
their being sold at all, in order to check the taste 
then beginning to display itself for foreign luxuries, 
for we find that at the same time they positively 
forbade the use of exotic unguents. 6 

The price of native wine at Athens was four 
drachmas for the metretes, that is, about 4=l-d. the 
gallon, when necessaries were dear, and Bockh con- 
siders that we may assume one half of this sum as 
the average of cheaper times. In fact, we find, in 
an agreement in Demosthenes, 7 300 casks (KEpauia) 
of Mendaean wine, which we know was used at the 
most sumptuous Macedonian entertainments, 8 val- 
ued at 600 drachmas, which gives two drachmas for 
the metretes, or little more than 2d. a gallon ; but 
still more astonishing is the marvellous cheapness 
of Lusitanian wine, of which more than ten gal- 
lons were sold for 3d. On the other hand, high pri- 
ces were given freely for the varieties held in es- 
teem, since as early as the time of Socrates a me- 
tretes of Chian sold for amina. 9 

With respect to the way in which wine was 
drunk, and the customs observed by the Greeks and 
Romans at their drinking entertainments, the read- 
er is referred to the article Symposium. 

It now remains for us to name the most es- 
teemed wines, and to point out their localities ; but 
our limits will allow us to enumerate none but the 
most celebrated. As far as those of Greece are 
concerned, our information is scanty, since in the 
older writers we find but a small number defined by 
specific appellations, the general term olvoc usually 
standing alone without any distinguishing epithet. 
The wine of most early celebrity was that which 

1. (Colum., i., 6.)— 2. (Tibull., ii., 1, 26.— Hor., Carm., iii., 8, 
9— Juv., Sat., v., 35.)— 3. (x., 36 ; iii., 82; xii., 123.)— 4. (iii., 
3, t) 12.)— 5. (Varro ap. Plin., H. N., xviii., 4.)— 6. (Plin., H. 
N., xiv., 16.— Id. ib., xiii., 3.)— 7. (In Lacrit., p. 928.)— 8. (Ath- 
en, iv., p. 129, d.)— 9. (Plut., De Anim. Tranquil., 10.— B3ckh, 
F.ihl. Eton of Athens, i., p. 133.) 



the minister of Apollo, Maron, who dwelt upon the 
skirts of Thracian Ismarus, gave to Ulysses. It 
was red (kpvdpov) and honey-sweet (uelundea), so 
precious that it was unknown to all in the mansion 
save the wife of the priest and one trusty house 
keeper ; so strong that a single cup was mingled 
with twenty of water ; so fragrant that even when 
thus diluted it diffused a divine and most tempting 
perfume. 1 Pliny 2 asserts that wine endowed with 
similar noble properties was produced in the same 
region in his own day. Homer mentions also, more 
than once, 3 Pramnian wine (olvoc Upafivelog), an ep- 
ithet which is variously interpreted by certain dif- 
ferent writers.* In after times a wine bearing the 
same name was produced in the island of Icaria, 
around the hill village of Latorea in the vicinity of 
Ephesus, in the neighbourhood of Symrna near the 
shrine of Cybele, and in Lesbos. 5 The Pramnian 
of Icaria is characterized by Eparchides as dry 
(onAnpus), harsh (avarripog), astringent, and remark- 
ably strong ; qualities which, according to Aristoph- 
anes, rendered it particularly unpalatable to the 
Athenians. 6 

But the wines of greatest renown during the brill- 
iant period of Grecian history and after the Roman 
conquest were grown in the islands of Thasos, 
Lesbos, Chios, and Cos, and in a few favoured spots 
on the opposite coast of Asia, 7 such as the slopes 
of Mount Tmolus, the ridge which separates the 
valley of the Ilermus from that of the Cayster, 8 
Mount Messogis, which divides the tributaries of 
the Cayster from those of the Meander, 9 the volcanic 
region of the Catacecaumene, 10 which still retains its 
fame, 11 the environs of Ephesus, 12 of Cnidus, 13 of Mi- 
letus, 1 * and of Clazomenas. 15 Among these the first 
place seems to have been by general consent conce- 
ded to the Chian, of which the most delicious varie- 
ties were brought from the heights of Ariusium, in 
the central parts, 16 and from the promontory of Pha- 
nae, at the southern extremity of the island. 17 The 
Thasian and Lesbian occupied the second place, 
and the Coan disputed the palm with them. 18 In 
Lesbos the most highly prized vineyards were 
around Mytilene 19 and Methymna. 20 Pliny, 21 who 
gives the preference over all others to the Clazome- 
nian, says that the Lesbian had naturally a taste of 
salt water, while the epithet " innocens," applied by 
Horace, seems to point out that it was light and 
wholesome. 

It may here be observed that there is no founda- 
tion whatever for the remark that the finest Greek 
wines, especially the products of the islands in the 
^Egean and Ionian seas, belonged, for the most 
part, to the luscious sweet class. The very reverse 
is proved by the epithets avarnpog, culrtpos, Ae-ktoc, 
and the like, applied to a great number, while ylv 
kvc and y'Avna&v are designations comparatively 
rare, except in the vague language of poetry. " Vi 
num. omne duke minus odoratum" says Pliny ; 3 * and 
the ancients appear to have been fully sensible that 
sweet wines could not be swallowed either with 
pleasure or safety except in small quantities. The 
mistake has arisen from not perceiving that the ex- 
pressions oIvoq ykvKvc. and olvog rjdvg are by no 
means necessarily synonymous. The former signi- 
fies wine positively sweet, the latter wine agreeable 

1. (Od., ix.,203.)-2. (H.N., xiv., 6.)-3. (II, xi., 638.-Od., 
x., 234.)— 4. (Athen., i., p. 28,/.)— 5. (Athen., i., p. 30, c, &c— 
Plin., H. N., xiv., 6.)— 6. (Athen., i.,p. 30, c.)—l. (St.rabo,xiv., 
p. 637.)— 8. (Phn., v., 20.— Viig., Georg., ii., 97— Ovid, Met., 
vi., 15.)— 9. (Strabo, xiv., p. 650.)— 10. (Vitruv., iii., 3.)— 11. 
(Keppell's Travels, ii., p. 355.) — 12. (Dioscor., v., 12.) — 13. 
(Athen., i., p. 29, a.)— 14. (Athen., 1. c.)-15. (Phn., xiv., 9.)— 
16. (Virg., Eel., v., 71. —Plin., H. N.. xiv., 7.— Sihus, vn., 210.) 
—17. (Virg., Georg., ii., 97.)— 18. (Athen., i., p. 28, 29, &c.)— 
19. (Id., i., p. 30, b. ; iii., p. 86, c. ; p. 92, d.)— 20. (Athen., viii 
p. 363, b.— Paus., x., 19.— Virtr., Georg., ii., 89— Ovid, Ar Am 
i., 57.)— 21. (xix.,9.)-22. (II. N , xv., M ' 

055 



VINUM. 



VINUM. 



to the taste from the absence of acidity, in most 
cases indicating nothing more than sound wine. 

It is well known that all the most noble Italian 
wines, with a very few exceptions, were derived 
from Latium and Campania, and, for the most part, 
grew within a short distance of the sea. " The 
whole of these places," says Strabo, 1 when descri- 
bing this coast, " yield excellent wine ; among the 
most celebrated are the Caecuban, the Fundanian, 
the Setinian, and so, also, are the Falernian, the Al- 
ban, and the Statinian." But the classification 
adopted by Pliny 2 will prove our best guide, and 
this we shall follow to a certain extent. 

In the first rank, then, we must place the Setinum, 
which fairly deserves the title of imperial, since it 
was the chosen beverage of Augustus and most of 
his courtiers. It grew upon the hills of Setia, above 
Forum Appii, looking down upon the Pomptine 
marshes (Pendula Pomptinos qua spectat Setia cam- 
pos 3 ). Before the age of Augustus, the Cacubum 
was the most prized of all. It grew in the poplar 
swamps bordering on the Gulf of Amyclae, close to 
Fundi.* In the time of Pliny its reputation was en- 
tirely gone, partly in consequence of the careless- 
ness of the cultivators, and partly from its proper 
soil, originally a very limited space, having been cut 
up by the canal of Nero, extending from Baiae to Os- 
tia. Galen 5 represents it as generous, full-bodied, 
and heady, not arriving at maturity until it had been 
kept for many years. 6 

The second rank was occupied by the Falernum, of 
which the Faustianum was the most choice variety, 
having gained its character from the care and skill 
exercised in the cultivation of the vines ; but when 
Pliny wrote, it was beginning to fall in public esti- 
mation, in consequence of the growers being more 
solicitous about quantity than quality, just as was 
the case with Madeira a few years ago. The Faler- 
nus ager, concerning the precise limits of which there 
have been many controversies, commenced at the 
Pons Campanus, on the left hand of those journey- 
ing towards the Urbana Colonia of Sulla, the Faus- 
tianus ager at a village about six miles from Sinues- 
sa, so that the whole district in question may be re- 
garded as stretching from the Massic hills to the river 
Vulturnus. Falernian became fit for drinking in ten 
years, and might be used until twenty years old, 
but when kept longer gave headaches, and proved 
injurious to the nervous system. Pliny distinguish- 
es three kinds, the rough (austerum), the sweet 
(dulce), and the thin (tenue). Galen 7 two only, the 
rough (avarnpoc) and the sweetish (yXvKd&v). 
When the south wind prevailed during the season 
of the vintage, the wine was sweetish and darker in 
colour (fieMvTtpoc), but if the grapes were gathered 
during weather of a different description, it was 
rough, and tawny or amber-coloured (icipp'oc). The 
ordinary appearance of Falernian, which has been 
made a theme of considerable discussion, seems to 
be determined by a passage in Pliny,* in which we 
are informed that the finest amber was named Fa- 
lerna. Others arranged the varieties differently : 
that which grew upon the hilltops they called Cau- 
cinum ; that on the middle slopes, Faustianum ; that 
on the plain, Falernum. 9 

In the third rank was the Albanum, from the 
Mons Aibanus {Mons Juleus 10 ), of various kinds, 
very sweet (pradulce), sweetish (yXvKa&v), rough," 

1. (v., p. 234.)—2. (xiv., 6.)— 3. (Mart., xiii., 112.— See also 
*i., 86 ; ix., 3 • x.,74 ; xiii., 112.— Juv., v., 34.— Silius, viii., 378. 
— FL»., H. N., 1. c.) — 4. (Mart., xiii., 115.)— 5. (Athen., i., j 
27, a.)— 6. (Plin., 1. c— Strab., v., p. 231.— Mart., xiii., 115 — 
Hor., Carm., i., 20, 9 ; iii., 23, 2, &c.)— 7. (ap. Athen., i.,p. 26, 
c.) — 8. (H. N., xxxvii., 12.) — 9. (Plin., 1. c, and xxiii., 21. — 
Athen., i., p. 26, c— Hor.. Carm., i., 20, 10. — Propert., iv , 6. — 
Mart., ix., 95. — Silius, r i., 159.)— 10. (Mart, xiii., 109.)— 11. 
(Plin.,H. N., rxip,21.) 
105P 



and sharp (duQafctac) , it was invigorating (neroit 
utile), and in perfection after being kept for fifteen 
years. 1 Here, too, we place the Surrentinum, from 
the promontory forming the southern horn of the 
Bay of Naples, which was not drinkable until it had 
been kept for five-and-twenty years ; for, being desti- 
tute of richness {oIltztjc), and very dry (ypatyapoe), it re- 
quired a long time to ripen, but was strongly recom- 
mended to convalescents, on account of its thinness 
and wholesomeness. Galen, however, was of opin- 
ion that it agreed with those only who were accus- 
tomed to use it constantly ; Tiberius was wont t«- 
say that the physicians had conspired to dignify 
what was only generous vinegar; while his success- 
or Caligula styled it nobilis vappa.* Of equal rep- 
utation were the Massicum, from the hills which 
formed the boundary between Latium and Campa- 
nia, although somewhat harsh, as would seem from 
the precautions recommended by the epicure in 
Horace, 3 and the Gauranum, from the ridge above 
Baiae and Puteoli, produced in small quantity, but 
of very high quality, full bodied (evrovoc), and thick 
(■naxvc)* In the same class are to be included the 
Calenum from Cales, and the Fundanum from Fun- 
di. Both had formerly held a higher place; "but 
vineyards," moralizes Pliny, " as well as states, have 
their periods of rise, of glory, and of fall." The 
Calenum was light (novtyoc), and better for the stom- 
ach than Falernian ; the Fundanum was full bodied 
(evrovoc) and nourishing, but apt to attack both 
stomach and head, therefore little sought after at 
banquets. 5 This list is closed by the Veliterninum, 
Privernatinum, and Signinum, from Velitrae, Priver- 
num, and Signia, towns on the Volscian hills ; the 
first was a sound wine, but had this peculiarity, that 
it always tasted as if mixed with some foreign sub- 
stance ; the second was thin and pleasant ; the last 
was looked upon only in the light of a medicine, 
valuable for its astringent qualities. 6 We may safe- 
ly bring in one more, the Formianum, from the Gull 
of Caieta (Lcestrygonia Bacchus in amphora 1 ), asso- 
ciated by Horace with the Caecuban, Falernian, and 
Calenian, 9 and compared by Galen 9 to the Priverna 
tinum and Rheginum, but richer (Itirapurepoc), and 
ripening quickly. 

The fourth rank contained the Mamertrnum, from 
the neighbourhood of Messana, first brought into 
fashion by Julius Caesar. The finest, called Potala- 
num ('Iwra/UVof 10 ), fiom the fields nearest to the 
mainland, was sound (rjdvc), light, and, at the same 
time, not without body. The Tauromenitanum was 
frequently substituted fraudulently for the Mamerti 
num, which it resembled. 11 

Of the wines in Southern Gaul, that of Bcelerrat 
alone bore a high character. The rest were looked 
upon with suspicion, in consequence of the noto- 
rious frauds of the dealers in the province, who car- 
ried on the business of adulteration to a great ex- 
tent, and did not scruple to have recourse to noxious 
drugs. Among other things, it was known that 
they purchased aloes to heighten the flavour and 
improve the colour of their merchandise, and con- 
ducted the process of artificial ripening so unskilful- 
ly as to impart a taste of smoke, which called forth, 
as we have seen above, the malediction of Martial 
on the fumaria of Marseilles. 11 

The produce of the Balearic Isles was compared 



1. (Plin., H. N., 11. cc— 
— Juv., v., 33. — Athen., i., 
1. c.)— 3. (Sat.,ii., 4, 51.- 
iii., 21. — Mart., xiii., 111.— 
c— Plin., H. N., iii., 5.— 
Athen., i., p. 27, a. — Hor , 
x., 35.— Id., xiii., 113.)— 6 
Mart., xiii., 116.)— 7. (Hor. 
i., 20.— Id. ib., in., 16.)— 9 
i., p. 27, d.)- 11. (Athen., 
H. N., xiv.,8, 4 5.) 



Mart., xiii., 109.— Hor., Sat., ii.,8, 14 

p. 26, d.)— 2. (Plin., 11. cc— Athen., 

- Compare Carm., i., 1,19; i , 7, 21 ; 

-Silius Ital., vii., 207.)— 4. (Athen., 1 

Flor., iii., 5.)— 5. (Strabo, v., 234. - 

Carm., i., 31, 9. — Juv., i., 69. — Mart., 

(Athen., i., p. 27, b. —Plin., 1. c.— 

, Carm., iii., 16, 34.) — 8. (Hor., Carm.j 

(ap. Athen., i., 26, c.)— 10. (Athen., 

i., p. 27, d.— Plin., 1. c.)— 12. (Plin 



YINUM. 



VIRGA. 



jo the first growths of Italy, and the same praise 
was shared by the vineyards of Tarraco and Lauron, 
while those of the Laletani were not so much famed 
for the quality as for the abundance of their supply. 1 

Returning to the East, several districts of Pontus, 
Paphlagonia, and Bithynia, Lamspacus on the Hel- 
lespont, Telmessus in Caria, Cyprus, Tripolis, Bery- 
tus, and Tyre, all claimed distinction, and, above 
all, the Chalybonium, originally from Beroea, but 
afterward grown in the neighbourhood of Damascus 
also, was the chosen and only drink of the Great 
King, 2 to which we may join the Babylonium, called 
nectar by Chaereus, 3 and the Bv6Xtvoc from Phoeni- 
cia, which found many admirers. 4 The last is spo- 
ken of elsewhere as ijhracian, or Grecian, or Sicil- 
ian, which may have arisen from t»he SE*ne grape 
having been disseminated through these countries. 5 

Prjssing on, in the last place, to Egypt, where, ac- 
cording to Hellanicus, the vine was first discovered, 
the Mareoticum, from near Alexandrea, demands our 
attention. It is highly extolled by Athenseus, being 
white, sweet, fragrant, light (Tieirrog), circulating 
quickly through the frame, and not flying to the 
head ; but. superior even to this was the Tcenioticum, 
so named from a long, narrow, sandy ridge (raivia) 
near the western extremity of the Delta ; it was 
aromatic, slightly astringent, and of an oily consist- 
ency, which disappeared when it was mixed with 
water : besides these, we hear of the Sebcnnyticum, 
and the wine of Antylla, a town not far from Alex- 
andrea. Advancing up the valley, the wine of the 
Thebais, and especially of Coptos, was so thm and 
easily thrown off that it could be given without in- 
jury to fever patients ; and ascending through Nu- 
bia to the confluence of the Nile with the Astapus, 
we reach Mero'e, whose wine has been immortalized 
by Lucan. 6 Martial appears to have held them all 
verp cheap, since he pronounces the vinegar of 
Egypt better than its wine. 7 

We read of several wines which received their 
designation, not from the region to which they be- 
longed, but from the particular kind of grape from 
which they were made, or from some circumstance 
connected with their history or qualities. Names 
belonging to the former class were, in all likelihood, 
bestowed before the most favoured districts were 
generally known, and before the effects produced 
upon the vine by change of soil and climate had 
been accurately observed and studied. After these 
matters were better understood, habit and mercan- 
tile usage would tend to perpetuate the ancient ap- 
pellation. Thus, down to a late period, we hear of 
the Amineum ('Afitvaloc olvog 6 ), from the Aminea Vi- 
tis, which held the first place among vines, and em- 
braced many varieties, carefully discriminated and 
cultivated according to different methods. 9 It was 
of Grecian origin, having been conveyed by a Thes- 
salian tribe to Italy (a story which would seem to 
refer to some Pelasgian migration), and reared 
chiefly in Campania around Naples, and in the Fa- 
lernus ager. Its characteristic excellence was the 
great body and consequent durability of its wine 
(Firmissima vina 10 ). So, in like manner, the ipidiog 
olvoc, 11 from the ipidta afnreloc, 13 which Virgil tells 
us 13 was particularly suitable for passum, and the 
Kanviac (smoke- wine) of Plato the comic poet, 1 * pre- 

I. (Plin., H. N., xiv., 8, v 6 —Mart., xiii., 118— Silius, iii., 
370.)— 2. (Plin., H. N., xiv., 9.— Geopon.. v., 2.— Allien., i., p. 
28. d.) — 3. ( Athen., i., p. 29, /.) — 4. ( Athen., i., p. 29, b.) — 5. 
(Herod., ii., 35.— Athen., i., p. 31, a.)— 6. (Athen., i., p. 33,/. — 
Strut)., xvii., p. 799. — Hor., Carm., i., 37, 10. — Virg., Georg., ii., 
91.— Lucan, x., 161.— Plin., H. N., xiv., 9.)— 7. (xiii., 112.)— 8. 
(Hesych.)— 9. (Plin., H. N., xiv., 4, v 1.— Cato, R. R., 6 and 7. 
— Colum., iii., 2, $ 7 ; 9, v 3.)— 10. (Virg., Georg., ii., 97.— Ga- 
len, Meth. Med., xii., 4. — Geopon., viii., 22.- "els., iv., 2. — 
Macrob., ii., 16. — Ausou., Ep., xviii., 32. — Seren. iSumm., xxix., 
M4.)— 11. (Athen., i., p. 28./.)- i2. (Colum., iii., 2, <> 24.)— 3. 
'Ceor?., ii., 93.)- 14. 'Athen., i., p. 31, c.) 
ft ^ 



pared in greatest perfection net r Beneventum, lrom 
the KUTTVEog a//7reXof, so named in consequence of 
the clusters being neither white nor black, but of an 
intermediate dusky or smoky hue. 1 

On the other hand, the I,anpiac, on whose divine 
fragrance Hermippus descants in such glowing lan- 
guage, 3 is simply some rich wine of great age, 
" toothless, and sere, and wondrous old" (bdovrag 
ovk exw, V$V ocnrpbc . . . yspuv ye dai/iovicoe 3 ). The 
origin of the title avdoafiiae is somewhat more 
doubtful : some will have it to denote wine from a 
sweet-smel^ng spot ;* others more reasonably refer 
it to the " bouquet" of the wine itself;* according to 
Phanias of Eresus, in one passage, it was a com- 
pound formed by adding one part of seawater to 
fifty of must, although in another place he seems 
to say that it was wine obtained from grapes gath- 
ered before they were ripe, in which case it might 
resemble Champagne. 6 

Those who desire more minute details upon this 
very extensive subject may consult the Geoponio 
Collection, books iii. to viii. inclusive ; the whole 
of the 14th book of Pliny's Natural History, togeth- 
er with the first thirty chapters of the 23d ; the 
12th book of Columella, with the commentary of 
Schneider and others ; the 2d hook of Virgil's 
Georgics, with the remarks of Heyne, Voss, and the 
old grammarians ;• Galen, i., 9, and xii., 4 ; Pol- 
lux, vi., et seq. ; Athenaeus, lib. i. and lib. x. ; be- 
sides which, there are a multitude of passages in 
other parts of the above authors, in Cato, Varro, 
and in the classics generally, which bear more or 
less upon these topics. 

Of modern writers we may notice particularly, 
Prosper Rendella, Tractatus de Vinea, Vindemia et 
Vino, Venet., 1629. — Galeatius Landrinus, Quastio 
de Mixtione Vini et Aqua, Ferrar., 1593. — Andreas 
Baccius, De Naturali Vinorvfrn Historia, &c., Rom., 
1596. — De Conviviis Antiquorum, &c., Gronov. 
Thes. Graec. Antiq. — Sir Edward Barry, Observa- 
tions on the Wines of the Ancients, Lond., 1775. — 
Henderson, History of Ancient and Modern Wines, 
Lond., 1824, Some of the most important facts 
are presented in a condensed form in Becker's Gal- 
lus, vol. ii., p. 163-176, and p. 238-241, and Chari- 
klcs, i., 456, seq. 

VIOCURI. (Vid. Quatuorviri Viales.) 

*VFOLA (iov), the Violet. {Vid. Ion.) 

VIRGA, dim. VIRGULA 0d6dog), a Rod or 
Wand. This was in many cases the emblem of a 
certain rank or office ; being carried, for example, 
by the Salii (vid. Ancile), by a judge or civil officer 
(see woodcut, p. 61), a herald (vid. Caduceus 7 ), and 
by the tricliniarcha (vid. Triclinium), or any other 
person who had to exercise authority over slaves. 8 
The use of the rod (paSdifrtv*) in the punishment 
of Roman citizens was abolished by the lex Porcia 
(p. 585). In the fasces a number of rods were 
bound together. 

A rod was used to thrash the smaller kinds of 
grain, such as cummin. 10 (Vid. Flagrum.) 

The wand was also the common instrument 
of magical display, as in the hand of Circe 11 and 
of Minerva. 12 To do anything virgula divina was 
to do it by magic. 13 The stripes of cloth were 
called virgce. 1 * (Vid. Pallium, p. 718; Tela, p. 
955.) 



1. (Theophrast., H. P., ii., 4.— Id., C. P., v., 3.— Aristot., De 
Gen. An., iv., 4. — Plin., H. N., xiv., 4, y 7. — Compare xxxvi., 36 
on the gem" Capnias.") — 2. (Athen., i., p. 29, c.)— 3. (Athen., x., 
p. 441, d. — Vid. Eustath. ad Horn., Od., ii., 340.— Casaub. ad 
Athen., i., p. 29.)— 4. (Suid., s. v.)— 5. (Hesych., s. v.)— 6. 
(Athen., i., p. 32, a.— Compare p. 462, c. ) — 7. (Non. Marc, p. 528., 
—Ovid, Met., i., 716.)— 8. (Senec, Epist., 47.)— 9. (Acts, xvi., 
22.)— 10. (Hieron. in Is., xxviii., 27.)— 11. (Horn., Od., x., 238, 
293, 318, 369.)— 12. (xvi., '72.)— 13. (Cic. ad All., i., 44.)— 14 
(Ovid, Ar. Am., iii., 269.1 

1057 



VITRUM. 



VITRUM. 



VIRGIiNES V ESTATES. ( Vid. Vestales Vir- 

SINES ^ 

VIRIDA'RIUM. (Vid. Hortus, p. 511 ) 

VIS. Leges were passed at Rome for the pur- 
pose of preventing acts of violence. The lex Plo- 
tia or Plautia was enacted against those who occu- 
pied public places and carried arms. 1 The lex 
proposed by the consul Q. Catulus on this subject, 
with the assistance of Plautius the tribunus, appears 
to be the lex Plotia. 2 There was a lex Julia of the 
dictator Caesar on this subject, which imposed the 
penalty of exile. 3 Two Julias leges were passed as 
to this matter in the time of Augustus, which were 
respectively entitled De Vi Publica and De Vi Pri- 
vata.* The lex De Vi Publica did not apply, as the 
title might seem to import, exclusively to acts 
against the public peace, and it is not possible to 
describe it very accurately except by enumerating 
its chief provisions. The collecting of arms (arma, 
tela) in a house (domus) or in a villa (agrove in vil- 
la), except for the purpose of hunting, or going a 
journey or a voyage, was in itself a violation of the 
lex. The signification of the word tela in this lex 
was very extensive. The punishment for the viola- 
tion of this lex was aquae et ignis interdictio, ex- 
cept in the case of attacking and plundering houses 
or villas with an armed band, in which case the pun- 
ishment was death ; and the penalty was the same 
for carrying off a woman, married or unmarried. 
The cases enumerated in the Digest as falling with- 
in the penalties of the lex Julia De Vi Privata are 
cases where the act was of less atrocity ; for in- 
stance, if a man got a number of men together for 
a riot, which ended in tbe beating of a person, but 
not in his death, he came within the penalties of the 
Lex De Vi Privata. It was also a case of vis priva- 
ta when persons combined to prevent another being 
brought before the praetor. The senatus consultum 
Volusianum extended the penalties of the lex to those 
who maintained another in his suit with the view 
of sharing any advantage that might result from it. 
The penalties of this lex were the loss of a third 
part of the offender's property ; and he was also de- 
clared to be incapable of being a senator or decurio, 
or a judex : by a senatus consultum, the name of 
which is not given, he was incapacitated from en- 
joying any honour, quasi infamis. 

VIS et VIS ARMATA. There was an interdict 
De Vi et Vi Armata, which applied to the case of n, 
man who was forcibly ejected from the possession 
of a piece of ground or edifice (qui vi dejeclus est). 
The object of the interdict was to restore the party 
ejected to possession. 5 (Vid. Interdictum.) 

VISCERA'TIO. (Vid. Fcjnus, p. 462.) 

♦VISCUM (i&g), the Mistletoe. (Vid. Ixos.) 

VITIS. (Vid. Centurio.) 

*VITIS (u/jltteXoc), the Vine. " According to 
Sprengel, the ufiizeloc aypia of Dioscorides is the 
Taurus communis ; the Jievkt], the Bryonia dioica ; 
and the /.itXaiva, the Bryonia alba. In this account 
of them he copies from Dodonaeus. Stackhouse 
marks the first as the Vaccinium Viiis Idaa ; but 
Schneider doubts whether either of the plants re- 
ferred to by Sprengel and Stackhouse apply to the 
description of it given by Theophrastus. Dierbach 
marks the aypia as being either the Bryonia dioica 
or Cretica. The afj.Tre2.oc oivocpopoe is the Vitis vini- 
fera, L." (Vid. Vinum, at the commencement of the 
article.) 6 

VITRUM (valoc), Glass. A singular amount of 
ignorance and skepticism long prevailed with re- 
gard to the knowledge possessed by the ancients in 

1. (Cic. ad Ai,t., ii., 24.— Id.,De Harasp. Resp., 8.)— 2. (Cic, 
Pro Ccel., 29.— Sallust in Cic, Declam.)— 3. (Cic, Philip., i., 9.) 
-4. (Dig. 48, tit. 6, 7.)— 5. (Dig. 43, tit. 16.)— 6. (Adams, Ap- 
pend., 8. v. a/jureXoi.) 
1058 



the art of glass-making. Some asserted that it was 
to be regarded as exclusively a modern invention, 
while others, unable altogether to resist the mass 
of evidence to the contrary, contented themselves 
with believing that the substance was known only 
in its coarsest and rudest form. It is now clearly 
demonstrated to have been in common use at a very 
remote epoch. Various specimens still in exist- 
ence prove that the manufacture had in some 
branches reached a point of perfection to which re- 
cent skill has not yet been able to attain ; and, al- 
though we may not feel disposed to go so far as 
Winckelmann. 1 who contends that it was used more 
generally, and for a greater variety of purposes, 
in the old world than among ourselves, yet, when 
we examine the numerous collections arranged in 
all great public museums, we must feel convinced 
that it was employed as an ordinary material for all 
manner of domestic utensils by the Egyptians, 
Greeks, and Romans. 

We find the process of glass-blowing distinctly 
represented in the paintings of Beni Hassan, which, 
if any faith can be reposed in the interpretation of hi- 
eroglyphics according to the Phonetic system, were 
executed during the reign of Osirtasen the First, 
the contemporary of Joseph, and his immediate 
successors, while a glass bead has been found at 
Thebes bearing the name of a monarch who lived 
3300 years ago, about the time of the Jewish Ex- 
odus. Vases also, wine-bottles, drinking-cups, bu- 
gles, and a multitude of other objects, have been 
discovered in sepulchres and attached to mummies 
both in Upper and Lower Egypt ; and, although in 
most cases no precise date can be affixed to theso 
relics, many of them are referred by the most com- 
petent judges to a very early period. 2 

A story has been preserved by Pliny 3 that glass 
was first discovered accidentally by some mer- 
chants, who, having landed on the Syrian coast at 
the mouth of the river Belus, and being unable to 
find stones to support their cooking-pots, fetched for 
this purpose from their ship some of the lumps of 
nitre which composed the cargo. This being fused 
by the heat of the fire, united with the sand upon 
which it rested, and formed a stream of vitrified 
matter. No conclusion can be drawn from this 
tale, even if true, in consequence of its vagueness ; 
but it originated in the fact recorded by Strabo 4 and 
Josephus, 5 that the sand of the district in question 
was esteemed peculiarly suitable for glass-making, 
and exported in great quantities to the workshops 
of Sidon and Alexandrea, long the most famous in 
the ancient world. (See Hamberger and Michaelis 
on the Glass of the Hebrews and Phoenicians, Ccm- 
mentar. Soc. Gott., torn. iv. — Heeren, Ideen, I., ii., 
p. 94.) Alexandrea sustained its reputation for 
many centuries ; Rome derived a great portion of 
its supplies from this source, and as late as the 
reign of Aurelius we find the manufacture still 
flourishing. 6 

There is some difficulty in deciding by what 
Greek author glass is first mentioned, because the 
term vaXoc, like the Hebrew word used in the book 
of Job, 7 and translated in the LXX. by valoc, unques- 
tionably denotes not only artificial glass, but rock- 
crystal, or, indeed, any transparent stone or stone- 
like substance. 8 Thus the veXoc of Herodotus, 9 in 
which the Ethiopians encased the bodies of their 
dead, cannot be glass, although understood in this 
sense by Ctesias and Diodorus, 10 for we are ex- 

1. (i., c 2, $ 20.) — 2. (Wilkinson, Anc Egyptians, vol. iii., p. 
88, &c.)— 3. (H. N., xxxvi., 65.)— 4. (xvi., p. 758.)— 5. (B. J., 
ii., 9.)— 6 (Cic, Pro Rabir. Post., 14.— Strabo, 1. c— Martial. 
xi., 11.— Id., xii., 74.— Id., xiv., 115.— Vopisc, Aurel., 45.— Bou- 
det, " Sur l'Art de la Verrerie ne in Egypte," Description d« 
3'Egypte, torn, ix., p. 213.)— 7. (xxviii., 17.1—8. (Schol. ad Aris 
toph., Nub., 737.)-0 (iii., 94.)— 10. (ii., 15.) 






VITRUM. 



VITRUM. 



pressry told that it was dug in abundance out of the 
earth ; and hence commentators have conjectured 
that rock-crystal, 01 rock-salt, or amber, or Oriental 
alabastei, or some bituminous or gummy product 
might be indicated. But when the same historian, 
in his account of sacred crocodiles, 1 states that they 
were decorated with earrings made of melted stone 
(apn/^ard re Xidtva x VT ^ Kat XP^ G€a ^C tu ura kvdev- 
rec), we may safely conclude that he intends to de- 
scribe some vitreous ornament for which he knew 
so appropriate name. The cQpaylc va^ivn and afypa- 
yUe vaXiva of an Athenian inscription referred to 
B.C. 398,* together with the passage in Aristopha- 
nes, 3 where the envoy boasts that he had been 
drinking with the great king "££ vaXivuv kuTzufia- 
tuv," decide nothing, especially since in another 
comedy* Strepsiades describes a vaXog, or burning- 
glass, as a transparent stone sold in the shops of 
apothecaries, and we know that any solid diapha- 
nous substance ground into the form of a lens 
would produce the effect. Setting aside the two 
problems with regard to glass, attributed to Aris- 
totle, as confessedly spurious, we at length find a 
satisfactory testimony in the works of his pupil and 
successor Theophrastus, who notices the circum- 
stance alluded to above of the fitness of the sand at 
the mouth of the river Belus for the fabrication of 
glass. 

Among the Latin writers Lucretius appears to be 
the first in whom the word vitrum occurs ; 5 but it 
must have been well known to his countrymen long 
before, for Cicero names it, along with paper and 
linen, as a common article of merchandise brought 
from Egypt. 6 Scaurus, in his aedileship (B.C. 58), 
made a display of it such as was never witnessed 
even in after-times ; for the scena of his gorgeous 
theatre was divided into three tiers, of which the 
under portion was of marble, the upper of gilded 
wood, and the middle compartment of glass. 7 In 
the poets of the Augustan age it is constantly in- 
troduced, both directly and in similes, and in such 
terms as to prove that it was an object with which 
every one must be familiar. 8 Strabo declares that in 
his day a small drinking-cup of glass might be pur- 
chased at Rome for half an as ; 9 and so common was 
it in the time of Juvenal and Martial, that old men 
and women made a livelihood by trucking sulphur 
matches for broken fragments. 10 When Pliny wrote, 
manufactories had been established not only in Ita- 
ly, but in Spain and Gaul also, and glass drinking- 
cups had entirely superseded those of gold and sil- 
ver -, 11 and in the reign of Alexander Severus we 
find vitrearii ranked along with curriers, coachma- 
kers, goldsmiths, silversmiths, and other ordinary 
artificers whom the emperor taxed to raise money 
for his thermae. 12 

The numerous specimens transmitted to us prove 
that the ancients were well acquainted with the art 
of imparting a great variety of colours to their 
glass ; they were probably less successful in their 
attempts to render it perfectly pure and free from 
all colour, since we are told by Pliny that it was 
considered most valuable in this state. It was 
wrought according to the different methods now 
practised, being fashioned into the required shape 
by the blowpipe, cut, as we term it, although ground 
(teritur) is a more accurate phrase, upon a wheel, 
and engraved with a sharp tool like silver (" aliud 
flatu figr.ratur, aliud torno teritur, aliud argenti modo 

1. (ii., 69.)— 2. (Bockh, Corp. Inscript., n. 150, $ 50.)— 3. 
(Acharn., 74.)— 4. (Nub., 737.)— 5. (iv.,604 ; vi., 991.)— 6. (Pro 
Rab. Post., 14.)— 7. (Plin., H. N., xxxvi., 34, t> 7.)— 8. (e. g., 
Virg., Georg., iv., 350.— Id., JEn., vii., 759.— Ovid, Amor., i.,6, 
55.— Prop., iv., 8, 37.— Hor., Carm., iii., 13, 1.)— 9. (xvi., p.758. 
—Compare Martial, ix., 60.)— 10. (Juv., v., 48.— Martial, i., 42. 
-Id., x., 3.— Stat., Sylv., i., 6, 73.— Compare Dion Cass., lvi., 17.) 
I. IH. N., xxxvi., 60 )— 12 (Lamprrd.. Alex. Sev.,24.) 



coelatur" 1 ). Doubts ha^e been expressed touch 
ing the accuracy of the last part of this state* 
ment ; but, since we have the most positive evi- 
dence that the diamond (adamas) was employed by 
engravers of gems, 3 and might therefore have been 
applied with still greater facility to scratching the 
surface of glass, there is no necessity for supposing 
that Pliny was not himself aware of what he mean 
to say, nor for twisting his words into meanings 
which they cannot legitimately assume, especially 
since hieroglyphics and various other devices are 
now to be seen on Egyptian vases and trinkets 
which have been engraved by some such process. 3 
The diatreta of Martial* were glass cups cut or en- 
graved according to one or other of the above meth- 
ods. The process was difficult, and accidents oc- 
curred so frequently 5 that the jurists found it neces- 
sary to define accurately the circumstances under 
which the workman became liable for the value of 
the vessel destroyed. 6 The art of etching upon 
glass, now so common, was entirely unknown, 
since it depends upon the properties of fluoric acid, 
a chemical discovery of the last century. 

We may now briefly enumerate the chief uses to 
which glass was applied. 

1. Bottles, vases, cups, and cinerary urns. A 
great number of these may be seen in the British 
Museum and all the principal Continental cabinets, 
but especially in the Museo Borbonico at Naples, 
which contains the spoils of Herculaneum and Pom- 
peii, and includes upward of 2400 specimens of 
ancient glass. These sufficiently prove the taste, 
ingenuity, and consummate skill lavished upon such 
labours ; many which have been shaped by the 
blowpipe only are remarkable for their graceful 
form and brilliant colours, while others are of the 
most delicate and complicated workmanship. A 
very remarkable object belonging to the last class, 
the property of the Trivulsi family, is described in 
the notes to Winckelmann, 7 and figured here. It is 




a glass cup contained within a sort of netwon 
also of glass, to which it is attached by a series of 
short and very fine glass props placed at equal dis- 
tances from each other. Round the rim are several 
letters connected with the cup in the same manner 
as the network, and forming the words Bibe Vivas 
Multos Annos. The characters of the inscription 
are green, the network is blue, the cup itself resem- 
bles opal, shades of red, white, yellow, and blue 
predominating in turn, according to the angle at 
which the light falls upon it. It was at first be- 
lieved that this effect was the result of long inter- 
ment beneath the ground ; but it is mu< h more like- 
ly to have been produced by the artist, for it corre- 

1. (Plin., H. N., xxxvi., 66.) —2. (Plin., H. IS , xxxvii., 15.— 
Solin., 52.— Isidor., xvi., 13, 3.)— 3. (Wilkinson, vol. iii., p. 105.) 
—4. (xii., 70.)— 5. (Mart., xiv., 115.)— 6 (Dig. 9, tit. 2, s. 27, 
i) 29.)— 7 (i., c. 2, v 2* * 

1050 



VITRUM 



V1TTA. 



sponds precisely to the account gi* en of two precious 
cups presented by an Egyptian priest to the Em- 
peror Adrian, and characterized as calices allassontes 
versicolor es. 1 Neither the letters nor the network 
have been soldered to the cup, but the whole has 
been cut out of a solid mass after the manner of a 
cameo, the marks of the wheel being still visible 
on the little props, which are more or less angular, 
according as the instrument was able to reach them 
completely or not. But the great triumph of an- 
cient genius in this department is the celebrated 
Portland Vase, formerly known as the Barberini 
Vase, which is now in the British Museum. It was 
found about three hundred years ago, at a short 
distance from Rome, in a marble coffin, within a 
sepulchral vault, pronounced, upon very imperfect 
evidence, to have been the tomb of Alexander Se- 
verus. The extreme be&ity of this urn led Mont- 
faucon and othei antiquaries to mistake it for a real 
sardonyx. Upon more accurate examination, it was 
ascertained to be composed of dark blue glass, of a 
very rich tint, on the surface of which are delinea- 
ted in relief several minute and elaborately wrought 
figures of opaque white enamel. It has been deter- 
mined by persons of the greatest practical experi- 
ence, that these figures must have been moulded 
separately, and afterward fixed to the blue surface 
by a partial fusion ; but the union has been effected 
with such extraordinary care and dexterity, that no 
trace of the junction can be observed, nor have the 
most delicate lines received the slightest injury. 
With such samples before us, we need not wonder 
that in the time of Nero a pair of moderate-sized 
glass cups with handles (pteroti) sometimes cost 
fifty pounds (HS. sex millibus*). For a full descrip- 
tion of the Portland Vase, see the eighth volume of 
the Archaeologia. 

2. Glass pastes presenting fac-similes either in 
lelief or intaglio of engraved precious stones. In 
this way have been preserved exact copies of many 
beautiful gems, of which the originals no longer ex- 
ist, as may be seen from the catalogues of Stosch, 
of Tassie, of the Orleans collection, and from simi- 
lar publications. These were in demand for the 
rings of such persons as were not wealthy enough 
to purchase real stones, as we perceive from the 
phrase " vitreis gemmis ex vulgi annulis." 3 Large 
medallions also of this kind are still preserved, and 
bas-reliefs of considerable magnitude.* 

3. Closely allied to the preceding were imitations 
of coloured precious stones, such as the carbuncle, 
the sapphire, the amethyst, and, above all, the eme- 
rald. These counterfeits were executed with such 
fidelity, that detection was extremely difficult, and 
great profits were realized by dishonest dealers, 
who entrapped the unwary. 5 That such frauds 
were practised even upon the most exalted in sta- 
tion, is seen from the anecdote given by Trebellius 
Pollio of the whimsical vengeance taken by Gal- 
lienus 6 on a rogue who had cheated him in this way, 
and collections are to be seen at Rome of pieces 
of coloured glass which were evidently once worn 
as jewels, from which they cannot be distinguished 
by the eye. 7 

4. One very elegant application of glass deserves 
to be particularly noticed. A number of fine stalks 
of glass of different colours were placed vertically, 
and arranged in such a manner as to depict upon 
the upper surface some figure or pattern, upon the 
principle of a minute mosaic. The filaments thus 



1. (Vopisc, Saturn., c. 8.)— 2. (Plin., H. N., xxxvi., 66.)— 3. 
(Plin.,H. N.,xxxv., 30.)— 4. (See Winckelman, i., c. 2, (f 27)— 5. 
(Plin., H. N., xxxvii., 75.) — 6. (Gall., c. 12.)— 7. (Plin., H. N., 
xxxvii., 26, 33,75. — Senec, Ep., 90. — Isidor., Orig., xvi., 15, 
S 27. — Beckmann, History of Inventions, vol. i., p. 199, English 
uans., 3d edit.) 
/060 



combined were then subjected to such a decree o< 
heat as would suffice to soften without melting 
them, and were thus cemented together into a solid 
mass. It is evident that the picture brought out 
upon the upper surface would extend down through 
the whole of the little columns thus formed, and 
hence, if it was cut into thin slices at right angles 
to the direction of the fibres, each of these sections 
would upon both sides represent the design, which 
would thus be multiplied to an extent in proportion 
to the total length of the glass threads. Two beau- 
tiful fragments, evidently constructed in this way, 
are accurately commented upon by Winckelmann, 1 
and another, recently brought from Egypt, is shown 
on the frontispiece to the third volume of Wilkin- 
son's work. Many mosaic pavements an I pictures 
(opus musivum) belong to this head, since the cubes 
were frequently composed of opaque glass as well as 
marble ; but these have been already discussed in p. 
715 of this work. 

5. Thick sheets of glass of various colours appear 
to have been laid down for paving floors, and to 
have been attached as a lining to the walls and 
ceilings of apartments in dwelling-houses, just as 
scagliuola is frequently employed in Italy, and occa- 
sionally in our own country also. Rooms fitted up 
in this way were called vitrece camerce, and the pan- 
els vitrea quadrature. Such was the kind of deco- 
ration introduced by Scaurus for the scene of his 
theatre, not columns nor pillars of glass, as some, 
nor bas-reliefs, as others have imagined. 2 

6. The question whether glass windows were 
known to the ancients has, after much discussion, 
been set at rest by the excavation at Pompeii ; for 
not only have many fragments of flat glass been dis- 
interred from time to time, but in the tepidarium 
of the public baths a bronze lattice came to light, 
with some of the panes still inserted in the frame, 
so as to determine at once not only their existence, 
but the mode in which they were secured and ar- 
ranged. 3 (Vid. House, Roman, p. 521.) 

7. From the time that pure glass became known, 
it must have been remarked that, when darkened 
upon one side, it possessed the property of reflecting 
images. We are certain that an attempt was made 
by the Sidonians to make looking-glasses,* and 
equally certain that it must have failed ; for the use 
of metallic mirrors, which are more costly in the 
first instance, which require constant care, and at- 
tain but imperfectly the end desired, was universal 
under the Empire. Respecting ancient mirrors, see 
Speculum. 

8. A strange story with regard to an alleged in- 
vention of malleable glass is found in Petronius, 5 is 
told still more circumstantially by Dion Cassius,* 
and is alluded to by Pliny, 7 with an expression of 
doubt, however, as to its truth. An artist appeared 
before Tiberius with a cup of glass. This he dashed 
violently upon the ground. When taken up it was 
neither broken nor cracked, but dinted like a piece 
of metal. The man then produced a mallet, and 
hammered it back into its original shape. The em- 
peror inquired whether any one was acquainted 
with the secret, and was answered in the negative, 
upon which the order was given that he should be 
instantly beheaded, lest the precious metals might 
lose their value, should such a composition become 
generally known. 

VITTA, or plural VITT^E, a riband or fillet, is 
to be considered, I. As an ordinary portion of female 

1. (i., c. 2, t> 22, 23, 24.)— 2. (Plin., H. N., xxxvi., 64.— Stat., 
Sylv., i., 5, 42.— Senec., Ep., 76.— Vopisc, Firm ,c. 3.— Winck- 
elmann, i., c. 2, $ 21. — Passeri, Lucernae Fictiles, p. 67, tab 
lxxi.)— 3. (Mazois, Palais de Scaurus, c. viii., p. 97. — Ruines de 
Pompei, torn, iii , p. 77. — Becker, Gallus, ii., p. 20 ) — 4. (Piin. 
H. N., xxxvi., 66.) — 5. (c. 51.) — 6. (lvii., 21.)- -7. (1L N , 
xxxvi., 66 ) 



ULMUS. 



UMBRACULUM. 



dress II. As a decoration of sacred persons and 
sacred things. 

I. When considered as an ordinary portion of fe- 
male dress, it was simply a band encircling the 
nead, and serving to confine the tresses (crinales 
vitta), the ends, when long {long a tania vitta), 
hanging down behind. 1 It was worn (1.) by maid- 
ens ; 2 (2.) by married women also, the vitta assumed 
on the nuptial-day being of a different form from 
that used by virgins. 3 

The vitta was not worn by libertinae even of fair 
character,* much less by meretrices ; hence it was 
looked upon as an insigne pudoris, and, together 
with the stola and instita, served to point out at first 
sight the freeborn matron. 5 

The colour was probably a matter of choice ; 
white and purple are both mentioned. 6 One of 
those represented in the cuts below is ornamented 
with embroidery, and they were in some cases set 
with pearls (vitta margaritarum 1 ). 

The following woodcuts represent back and front 
views of the heads of statues from Herculaneum, 
on which we perceive the vitta. 8 




II. When employed for sacred purposes, it was 
usually twisted round the infula (vid. Infula), and 
held together the loose flocks of wool. 9 Under this 
form it was employed as an ornament for (1.) priests, 
and those who offered sacrifice. 10 (2.) Priestesses, 
especially those of Vesta, and hence vittata sacerdos 
for a vestal, kclt' ki-oxqv- 11 (3.) Prophets and poets, 
who may be regarded as priests, and in this case 
the vittae were frequently intertwined with chaplets 
of olive or laurel 13 (4.) Statues of deities. 13 (5.) 
Victims decked for sacrifice. 14 (6.) Altars. 15 (7.) 
Temples. 16 (8.) The UeTT/pta of suppliants. 17 

The sacred vittae, as well as the infulae, were 
made of wool, and hence the epithets lanea 1 * and 
mollis. 19 They were white (nivea 20 ), or purple (puni- 
cea 31 ), or azure (carulca), when wreathed round an 
altar to the manes 22 

Vitta is also used in the general sense of a string 
for tying up garlands, 23 and vitta lorea for the leath- 
ern straps or braces by which a machine was 
woiked. 2 * 

1 ULMUS (■KTe'kia), the Elm, or Ulmus campestri3, 
L. Few trees have enjoyed more of poetical ce- 



I. (Virg., Mn., vii., 351, 403.— Ovid, Met., ii., 413.— Id., iv., 
6.— 7sidor., xix., 31, $ 6.)— 2. (Virg., JEn., ii., 178— Prop., iv., 
11, 34.— Val. Flacc, viii., 6.— Serv. ad Virg., Mn., ii., 133.)— 3. 
(Pto P ., iv., 3, 15.— Id., 11, 34.— Plaut., Mil. Glor., iii., 1,194.— 
Val. Max., v., 2, HO— 4. (Tibull., i., 6, 67.) — 5. (Ovid. A. A., 
l., 31. — Id., R. A., 386.— Id., Trist., ii., 247.— Id., Ep. ex Pont., 
iii., 3, 51.)— 6. (Id., Met., ii., 413.— Ciris, 511.— Stat., Achill., 
i., 611.)— 7. (Dig. 34, tit. 2, s. 25, i> 2.)— 8. (Bronzi d'Ercolano, 
torn, ii., tav. 72, 75.)— 9. (Virg., Georg., iii., 487.— Id., JEn., x., 
537.— Isidor., xix., 30, $ 4.— Serv. ad Virg., ^En., x., 538.— The 
expression of Lucan is obscure, v., 142, &c.) — id. (Virg., iEn., 
ii., 221.— Id. ib., iv., 637.— Id. ib., x., 537.— Tacit., Ann., i., 57.) 
—11. (Virg., JEn., vii., 418. — Ovid, Fast., iii., 30. — Id. ib., vi., 
457.— Juv., Sat., iv., 9.— Id., vi., 50.)— 12. (Virg., JEn., iii., 81. 
—Id. ib., vi.. 665.— Stat., Sylv., ii., 1, 26.— Id., Achill., i., 11.— 
Id., Theb., iii., 466.) — 13. (Virg., JEn., ii,, 168, 296.— Juv., vi., 
50. — Compare Stat., Sylv., iii., 3, 3.) — 14. (Virg., Georg., iii., 
487.-^11., ii., 133 156".— Ib., v., 366.— Ovid, Ep. ex Pont., iii., 
2, 74. — Stat., Achiil., ii., 301.) — 15. (Virg., Eclog., viii., 64. — 
-En., iii., 64.) — 16. (Prop., iv., 9, 27. — Compare Tacit., Hist., 
iv., 53.) — 17. (Virg., ^En., vii., 237. — Id. ib., viii., 128.) — 18. 
(Ovid, Fast., iii., 30.)— 19. (Virg., Eclog., viii., 64.)— 20. (Id., 
Georg., iii., 187.— Ovid, Met., xiii., 643.— Stat., Theb., iii., 466.) 
—21. (Prop, iv., 9, 27.)— 22. (Virg., JEn., in., 64.)— 23. (Plin., 
H. \., xviii , 2.— Isidor.. xix. 31, 6.)— 24 (Plin., Hist. !Nai M 
irin , 31 ) 



lebrity than the elm. It was chosen particularly 
for the training of vines, and the marriage of the 
vine with the elm forms a favourite figure in the 
strains of the Roman bards. 
ULNA. (Vid. Pes, p. 762.) 
*ULVA, a term applied generally by the Latin 
writers to all aquatic plants, and synonymous, there- 
fore, with Alga. According to some, however, the 
term alga was employed to designate marine aquatic 
plants, and ulva those growing in fresh water. This 
distinction will not hold good, however, in all cases 
UMBELLA. (Vid. Umbraculum.) 
UMBI'LICUS. (Vid. Liber.) 
UMBO. (Vid. Clipeus; Toga, p. 986.) 
UMBRA'CULUM, UMBELLA (oKtddecov, gkui- 
6lov, <jKiadioK7)), a Parasol, was used by Greek and 
Roman ladies as a protection against the sun. They 
seem not to have been carried generally by the la- 
dies themselves, but by female slaves, who held 
them over their mistresses. The daughters of the 
aliens (fieroiKot) at Athens had to carry parasols 
after the Athenian maidens at the Panathenaea, as is 
mentioned under Hydriaphoria, p. 523. The par- 
asols of the ancients seem to have been exactly 
like our own parasols or umbrellas in form, and 
could be shut up and opened like ours. 1 They are 
often represented in paintings on ancient vases 
the annexed woodcut is taken from Millin's Feint- 
ares de Vases Antiques, vol. i., pi. 70. The female 
is clothed in a long chiton or diploidion (vid. Tuni- 
ca, 1023), and has a small himation, which seer^s 
to have fallen off her shoulders. 




It was considered a mark of effeminacy for men 
to make use of parasols. 2 The Roman ladies used 
them in the amphitheatre to defend themselves from 
the sun or some passing shower, 3 when the wind or 
other circumstances did not allow the velarium to 
be extended. (Vid. Amphitheatrum, p. 52.) To 
hold a parasol over a lady was one of the common 
attentions of lovers,* and it seems to have been 
very common to give parasols as presents. 5 In- 
stead of parasols, the Greek women, in later times, 
wore a kind of straw hat or bonnet, called ^olia.* 
The Romans also wore a hat with a broad brim 
(petasus) as a protection against the sun. 7 See 
Paciaudi, de Umbella geslaiione, Rom., 1752. — Bec- 
ker, Chariklcs, ii., p. 73. 

1. (Aristoph., Equit., 1348. — Schol. ad loc. — Ovid, Art. Am., 
ii., 209.) — 2. (Anacreon ap. Athen., xii., p. 534.) — 3. (Mart., 
rir., 28.)— 4. (Mart., xi., 73. — Ovid, 1. c.) — 5. (Juv., Sat., ix., 
50) — 6. (Pollux, vii., 174. — Compare x., 127. — Theocrit., xv^ 
39 )— 7. (Suet., Octav., 82.— Dion Cass., lix., 7.) 

1061 



UNGUENTA. 



UNGUENTA. 



LJNCIA (byKia, ovyida, ovyyca), the twelfth part 
of the As or Libra, is derived by Varro from unus, 
as being the unit of the divisions of the as. 1 

Its value as a weight was 433666 grains, or f of 
an ounce, and 10536 grains avoirdupois. (Vid. 
Libra.) It was subdivided into 

Oz. Grs. 

2 Semunciae, each . '. . = i 107-46 

3 Duellae "....= \ 35-12 

4 Sicilici »....= 108 41 6 
6 Sextulffi "-...'.= 72-277 

24 Scrupula " . . . . = 18069 

144 Siliquae "....= 3-011 

In connecting the Roman system of weights and 
money with the Greek, another division of the un- 
;ia was used. When the drachma was introduced 
nto the Roman system as equivalent to the dena- 
rius of 96 to the pound (vid. Denarius, Drachma), 
the uncia contained 8 drachmae, the drachma 3 
scrupula, the scrupulum 2 oboli (since 6 oboli made 
up the drachma), and the obolos 3 siliquae (Keparia). 
Therefore the uncia was divided into 



= 54-208 grs. 
= 18069 " 
n= 9034 " 
= 3011 " 



8 drachmae, each . . . 

24 scrupula "... 

48 oboli "... 

144 siliquae "... 

In this division we have the origin of the modern 
ftalian system, in which the pound is divided into 
12 ounces, the ounce into three drams, the dram 
into three scruples, and the scruple into 6 carats. 
In each of these systems 1728 Keparia, siliquae, or 
carats make up the pound. 

The uncial system was adopted by the Greeks of 
Sicily, who called their obol Hrpa (the Roman 
libra), and divided it into 12 parts, each of which 
they called byKta or ovynia (the Roman uncia). 
{Vid. Litra.) In this system the byKta was reck- 
oned equal tc the x^ K0 ^ lC - 

Miiller considers that the Greeks of Sicily, and 
also the Romans themselves, obtained the uncial 
system from the Etruscans. 2 

The Romans applied the uncial division to all 
kinds of magnitude. (Vid. As.) In length the un- 
cia was the twelfth of a foot, whence the word inch 
(vid. Pes) ; in area, the twelfth of a jugerum (vid. 
Jugerum) ; in content, the twelfth of a sextarius 
x nd. Sextarius, Cyathus, Xestes) ; in time, the 
twelfth of an hour. (Vid. As, sub Jin.) 3 

UNCIA, a Roman copper coin, the twelfth of the 
As. 

UNCIA'RIUM FCENUS. {Vid. Interest of Mon- 
ey, p. 547.) 

UNCTO'RES. (Vid. Baths, p. 148.) 

UNCTUA'RIUM. (Vid. Baths, p. 148.) 

UNGUENTA, ointments, oils, or salves. The 
application of unguenta, in connexion with the ba- 
thing and athletic contests of the ancients, is stated 
under Baths and Athlet^e, &c. . But, although 
their original object was simply to preserve the 
health and elasticity of the human frame, they were 
;« later times used as articles of luxury. They were 
then not only employed to impart to the body or 
hair a particular colour, but also to give to them 
the most beautiful fragrance possible ; they were, 
moreover, not merely applied after a bath, but at any 
time, to render one's appearance or presence more 
pleasant than usual. In short, they were used then 
as oils and pomatums are at present. 

The numerous kinds of oils, soaps, pomatums, 
and other perfumes with which the ancients were 
acquainted is quite astonishing. We know several 
kinds of soaps w 7 hich they used, though, as it ap- 



pears, more for the purpose of painting the nail fcfc an 
for cleaning it. 1 For the same purpose they also 
used certain herbs. 2 

Among the various and costly oils which were 
partly used for the skin and partly for the hair, the 
following may be mentioned as examples : mende- 
sium, megalesium, metopium, amaracinum, Cypn- 
num, susinum, nardinum, spicatum, iasminum, n>- 
saceum, and crocus oil, which was considered the 
most costly. 3 In addition to these oils, the ancients 
also used various kinds of powder as perfumes, 
which, by a general name, are called diapasmata 
To what extent the luxury of using fragrant oils 
and the like was carried on, may be inferred from 
Seneca, 4 who says that people anointed themselves 
twice or even three times a day, in order that the 
delicious fragrance might never diminish. At Rome, 
however, these luxuries did not become very gen- 
eral till towards the end of the Republic, 5 while the 
Greeks appear to have been familiar with them from 
early times. The wealthy Greeks and Romans 
carried their ointments and perfumes with them, 
especially when they bathed, in small boxes of cost- 
ly materials and beautiful workmanship, which were 
called narthecia. 6 The traffic which was carried on 
in these ointments and perfumes in several towns 
of Greece and southern Italy was very considerable. 
The persons engaged in manufacturing them were 
called by the Romans unguentarii, 1 or, as they fre- 
quently were women, unguentarice* and the art of 
manufacturing them unguenlaria. In the wealthy 
and effeminate city of Capua there was one great 
street called the Seplasia, which consisted entirely 
of shops, in which ointments and perfumes were 
sold. 

A few words are necessary on the custom of the 
ancients in painting their faces. In Greece this 
practice appears to have been very common among 
the ladies, though men also had sometimes recourse 
to it, as, for example, Demetrius Phalereus. 9 But, 
as regards the women, it appears that their retired 
mode of living, and their sitting mostly in their own 
apartments, deprived them of a great part of theii 
natural freshness and beauty, for which, of course, 
they were anxious to make up by artificial means " 
This mode of embellishing themselves was probably 
applied only on certain occasions, such as when 
they went out, or wished to appear more charming. 11 
The colours used for this purpose were white tyi- 
fxvdiov, cerusa) and red (eyxovca or ayxovaa, natde- 
puc, cvK&fiivov, or cpvKoc 1 *). The eyebrows were fre- 
quently painted black (fjte\av, aa6o2.oc, or crippic 13 ). 
The manner in which this operation of painting was 
performed, is still seen in some ancient works of 
art representing ladies in the act of painting them- 
selves. Sometimes they are seen painting them- 
selves with a brush, and sometimes with their fin- 
gers. 14 

The Romans, towards the end of the Republic 
and under the Empire, were no less fond of painting 
themselves than the Greeks. 15 The red colour was 
at Rome, as in many parts of Greece, prepared from 
a kind of moss which the Romans called fucus (the 
rocella of Linnaeus), and from which afterward all 



i» 



1. (L. L., v., 171, ed. Miiller.)— 2. (Etrusker, i., p. 309,' -3. 
(Bockh, Metrolog. TJntersuch, v 155, 160, 165,293— Wura De 
Porrl., A c, v. 8, 9, 63, 67, lla. 13? ) 
1062 



1. (Plin., H. N., xviii., 12, 51.— Mart., viii., 23, 20.— Id., xiv., 
26, 27.)— 2. (Ovid, Ar. Amat., iii., 163. — Amor., i., 14.)— 3. 
(Becker, Gallus, ii., p. 27.)— 4. (Epist., 86.)-5. (Gell., vn.,,12.) 
—6. (Bottiger, Sabina, i., p. 52.) — 7. (Cic, De Off., i., 12.— 
Horat., Sat., ii., 3, 228.)— 8. (Plin., H. N., viii., 5.)— 9. (Athen., 
xii., p. 642.)— 10. (Xen., CEcon., 10, t> 10.— Stobaeus, in., p. 87, 
ed. Gaisford. — Compare Becker, Charikles, ii., p. 232.) — 11 
(Lysias, De Caed. Eratosth., p. 15. — Aristoph., Lysistr., 149.— 
Eccles., 878. — Plut., 1064.— Plut., Alcib., 39.) — 12. (Xenoph. 
OEcon., 10, <) 2.— Aristoph., Lysistr., 48. — Id., Eccles., 929.— 
Alexis ap. Athen., xiii., p. 568 ; compare 557.— Etymol. Mag., s. 
v. 'E^fjUjUufliwo-fltu.)— 13. (Alexis ap. Athen., xiii., p. 568.— Po). 
lux, v., 101.)— 14. (Bottiger, Sabina, ii., tab. ix., and i., tab. vi.) 
—15. (Horat., Epod., xii., 10 —Ovid, Ar.Am., iii., 199.— Plin., 
H. N., xxviii.. 8.) 



UN^ERSITA? 



UNI FERSITAS 



kinds of paint were called fucus. Another general 
term for paint is creta. For embellishing and clean- 
ing the complexion, the Greeks as well as the Ro- 
mans used a substance called ocsipum (vid. the com- 
ment on Suidas, s. v. OIoizti), which was prepared 
of the wool taken from those parts of the body of a 
sheep in which it perspired most. Another reme- 
dy, often applied for similar purposes, consisted of 
powdered excrementa of the Egyptian crocodiles. 1 

Respecting the subjects here mentioned, and ev- 
erything connected with the toilet of the ancients, 
see Bottiger, Sabina oiler Morgenscenen in Putzzim- 
mcr eincr reichen Romerin, Leipz., 1806, 2 vols. 

UNGUENTARII. (Vid. Unguenta.) 

UNIVE'RSITAS. This word denotes the whole 
of anything as contrasted with its component parts. 
It signifies either a number of persons as a whole, 
or a number of things, or a number of rights. In 
the case of a number of things viewed as a univer- 
sitas, it is indifferent whether the parts are corpo- 
really united or not ; or whether the corporeal union, 
if it exists, is natural or not. 

A single person only can properly be viewed as 
the subject of rights and duties ; but the notion of 
legal capacity may, by a fiction, be extended to a 
number of persons, who are considered as a single 
person for legal purposes, and may, accordingly, be 
called juristical persons, or persons existing merely 
by virtue of legal fiction. Thus the " hereditas" is 
said by the Roman jurists " persona vice fungi" 
like a municipium, decuria, and societas : the bono- 
rum possessor is " in loco heredis ;" and as he is a 
fictitious heres, so a juristical person is a fictitious 
person. As persons, however, so constituted, such 
juristical persons have legal capacities, as individ- 
uals have ; bu* their legal capacities are limited to 
property as their object. It is true that the Ro- 
mans often considered other persons as a collective 
unity : thus they speak of the collegium of the con- 
suls (vid. Collegium), and of the tribuni plebis. In 
like manner, they say that the duumviri of a muni- 
cipium are to be viewed as one person. 2 But these 
fictitious unities have only reference to jus publi- 
cum, and they have no necessary connexion with 
juristical persons, the essential character of which 
is the capacity to have and acquire property. Ju- 
ristical persons could be subjects of ownership, jura 
in re, obligationes, and hereditas ; they could own 
slaves, and have the patronatus ; but all the rela- 
tions of familia, as the patria potestas and others of 
a like kind, were foreign to the notion. But, though 
the capacity to have property is the distinguishing 
characteristic of juristical persons viewed with rela- 
tion to jus privatum, the objects for which the prop- 
erty is had and applied may be any, and the capa- 
city to have property implies a purpose for which it 
is had, which is often much more important than 
this mere capacity. But the purposes for which ju- 
ristical persons have property are quite distinct from 
their capacity to have it. This will appear from all 
or any of the examples hereinafter given. 

The folio .ving are juristical persons : 1. Civitas. 
2. Municipes : this term is more common than mu- 
nicipium, and comprehends both citizens of a muni- 
cipium and a colony ; it is also used when the ob- 
ject is to express the municipium as a whole, op- 
posed to the individual members of it. 3. Respub- 
lica. In the republican period, when used without 
an adjunct, Respublica expressed Rome, but in the 
old jurists it signifies a civitas dependant on Rome. 
4. Respublica civitatis or municipii. 5. Commune, 
communitas. Besides the civitates, component 
parts of the civitates are also juristical persons : 1. 
Curiae or aecunones : the word decuriones often 
denotes the individuals composing the body of de- 

m ■ - — ■ 1 

1. (llorat., Plin., 1. c.)— 2. (Dig. 50, tit. 1, s. 25.) 



euiiones as opposed to the civitas (municipes), which 
appears from a passage in the Digest, 1 where it is 
stated that an action for dolus will not lie against 
the municipes, for a fictitious person cannot be guil- 
ty of dolus, but such action will lie against the indi- 
vidual decuriones who administer the affaiis of the 
municipes. Sometimes the word curia is used as 
equivalent to civitas, and sometimes the decurio- 
nes are spoken of as a juristical person, which has 
property as such. 2. Vici ; which have no political 
self-existence, but are attached to some respublica, 
yet they are juristical persons, can hold property, 
and maintain suits. 3. Fora, conciliabula, castella. 
These were places between civitates and vici as to 
extent and importance ; they belonged to a respub- 
lica, but had the rights of juristical persons : they 
are not mentioned in the legislation of Justinian, 
but the names occur in the Tablet of Heraclea, in 
the lex Galliae Cisalpinae, and in Paulus. 2 In the la- 
ter period of the Empire, provinces were viewed as 
juristical persons. 

In the writings of the agrimensores, communi 
ties, and particularly colonies (coloni), are designa- 
ted by the appropriate name of publicae personae, 
and property is spoken of as belonging to the colo- 
ni, that is, the colonia, coloni being used here in the 
same sense in which municipes was used, as above 
explained. 

Other juristical persons were : 1. Religious bod- 
ies, as collegia of priests and of the vestal virgins, 
which could hold property and take by testament 
2. Associations of official persons, such as those 
who were employed in administration : the body of 
scribae became one of the most numerous and im- 
portant, as they were employed in all branches of 
administration ; the general name was scribae, a 
term which includes the particular names of libra- 
rii, fiscales, and others ; they were divided into sub- 
divisions called decuria?, a term which, even under 
the Republic and also under the Empire, denoted 
the corporations of scribae ; the individual members 
were called decuriati, and subsequently decuriales ; 
the decuriati had great privileges in Rome, and sub- 
sequently in Constantinople. 3 3. Associations for 
trade and commerce, as fabri pistores, navicularii, 
the individuals of which had a common profession, 
on which the notion of their union was founded, but 
each man worked on his own account. Associa- 
tions properly included under societates, as corpo- 
rations for effecting a common object (vid. Socie- 
tas) : such associations could be dissolved by the 
notice of any member, and were actually dissolved 
by the death of a single member. Some of these 
associations, such as those for working mines, sali- 
nae, and farming the portoria, were corporate bod- 
ies, and retained the name of societates. 4. Asso- 
ciations, called sodalitates, sodalitia, collegia soda- 
litia, which resembled modern clubs. In their ori- 
gin they were friendly associations for feasting to- 
gether ; in course of time many of them became po- 
litical associations, but from this we must not con- 
clude that their true nature really varied ; they were 
associations not included in any other class that 
has been enumerated, but they differed in their 
character according to the times. In periods of 
commotion they became the central points of polit- 
ical factions, and new associations, it may be reason- 
ably supposed, would be formed expressly for polit- 
ical purposes. Sometimes the public places were 
crowded by the sodalitia and decuriati,* and the 
senate was at last compelled to propose a lex which 
should subject to the penalties of vis those who 

1. (4, tit. 3. c. 15.)— 2. (S. R., 4, tit. 6, s. 2.)— 3. (Cic. in Verr 
iii., 79. — Id. ad Quint. Fratr.. ii., 3. — Tacit., Ann., liii., 27.— 
Snot.. Aug., 57. — Id., (Jiaud., 1.) — 4. (Cic. ad Quint. Fratr. 
u., 2.) 

1063 



UNIVERSITAS. 



VOCONiA LEX 



wouid not disperse. This was followed by a gen- 
eral dissolution of collegia according to Asconius 
(in Cornelianam), but the dissolution only extended 
to mischievous associations, as may be safely in- 
ferred from the nature of the case, and even the 
words of Asconius, if carefully examined, are not 
inconsistent with this conclusion. In the Digest 1 
we find the rule that no collegium could be formed 
without the permission of a senatus consultum or 
.he Caesar ; and persons who associated unlawfully 
eyere guilty of an extraordinarium crimen. The rule 
of law means that no union of persons could become 
a juristical person without the consent of the proper 
authority ; and this is quite distinct from the other 
provision contained in the same rule, which punish- 
ed associations of persons who acted as corpora- 
tions, for this part of the rule relates only to such 
associations as were dangerous, or of an undefined 
character. 

There were also in the imperial period the col- 
legia tenuiorum, or associations of poorer people ; 
but they were allowed to meet only once a month, 
and they paid monthly contributions. 2 A man could 
only belong to one of them. Slaves could belong 
to such a collegium, with the permission of their 
masters. 

Communities of cities and towns have a kind of 
natural or necessary existence ; and other bodies, 
called corporations, have been fashioned by a kind 
of analogy to them, and, like them, can have proper- 
ty, and be represented like them by an agent, where- 
in consists the essence of a j uristical person. Some 
of these corporations, like communities of cities 
and towns, were of a permanent character, as col- 
leges of priests, decuriag, and companies of artisans ; 
others had a temporary character, as societates and 
sadalitates. All these corporations are designated 
by the name either of collegium or corpus, between 
which there is no legal distinction, for it appears 
that one corporation was called a collegium and 
another a corpus, as it might happen ; but both of 
these terms denote a corporation, as above explain- 
ed, as opposed to a civitas orrespublica. The mem- 
bers of such corporations were collegae and sodales, 
which is a more general and an older term than 
sodalitas. Altogether they were called collegiati 
and corporati : the members of particular kinds of 
corporations were decuriati, decuriales, socii. The 
common name which includes all corporations and 
civitates is universitas, as opposed to which any in- 
dividual is singularis persona. 

The notion of individual property as a unity is 
founded on the notion of the unity of the owner. 
But this notion of unity, when once established, 
may, for certain purposes, be arbitrarily assumed, 
and, accordingly, it is applied to the case of peculi- 
um, dos, and hereditas, and modern writers have 
designated these as cases of a universitas juris. 
The name universitas has led many to suppose that 
the three cases above mentioned have all the same 
incidents, whereas each has its peculiar character, 
because the term universitas means any whole as 
opposed to its parts. The name universitas juris 
does not occur in the Roman law. The nature of 
universal succession is explained under Suocessio. 

The term universitas was adopted in the middle 
ages to denote certain great schools, but not as 
schools : the term denoted these places as corpora- 
tions, that is, as associations of individuals. The 
adjunct which would express the kind of persons 
associated would depend on circumstances : thus, 
in Bologna, the expression universitas scholarium 
was in common use ; in Paris, universitas magis- 
trorum. The school, as such, was called schola, 
and. from the thirteenth century, most commonly 

l (47. tit. 22, s. 1, 2, 3.> -2. (Dig. 47, tit. 22 s. 1, 3.) 

ioaj. 



studium ; and if it was a distinguished school, n 
was called studium generale. The first occasion 
on which the term universitas was applied to a 
great school is said to be in a decretal of Innocent 
III.j of the beginning of the thirteenth century, ad- 
dres 6ed Scholaribus Parisiensibus. 

(Savigny, System des Heutigtn Rom. Rechts, l, 
378 ; ii., 235 ; iii., 8. — Savigny, Geschicke des Rom. 
Rechts im Mittelalter, vol. iii., 318, 380.) 

*URANOSC'OPUS (ovpavoonoTtoc). ( Vid. Cally- 

ONOMUS.) 

*URUS. (Vid. Bison.) 

VOCA'TIO IN JUS. (Vid. Actio, p. 18.) 

VOCO'NIA LEK was enacted on the proposal 
of Q. Voconius Saxa, a tribunus plebis. In the " Dt 
Senectute" of Cicero, Cato the elder is introduced 
as saying that he spoke in favour of the lex when 
he was sixty-five years of age, and in the consul- 
ship of Ca?pio and Philippus (B.C. 169). Gellius 
also speaks of the oration in which Cato recom- 
mended this lex. 1 

One provision of the lex was, that no person who 
should be included in the census, after the census 
of that year (post eos censores ; the censors of that 
year were A. Posthumius and Q. Fulvius), should 
make any female (virginemneve mulierem) his heres. 2 
Cicero does not state that the lex fixed the census 
at any sum ; but it appears from Gaius 3 and from 
Dion Cassius 4 that a woman could not be made 
heres by any person who was rated in the census 
at 100,000 sesterces (centum millia aris), though 
she could take the hereditas per fideicommissum. 
The lex allowed no exceptions even in favour of an 
only daughter. 5 The lex only applied to testaments, 
and therefore a daughter or other female could in- 
herit ab intestato to any amount. The vestal vir- 
gins could make women their heredes in all cases, 
which was the only exception to the provisions of 
the lex. 6 

If the terms of the lex are correctly reported by 
Cicero, a person who was not census might make 
a woman his heres, whatever was the amount of 
his property, and so Cicero understands the lex."' 
Still there is a difficulty about the meaning of cen- 
sus. If it is taken to mean that a person whose 
property was above 100,000, and who was not in- 
cluded in the census, could dispose of his property 
as he pleased by testament, the purpose of the lex 
would be frustrated ; and farther, " the not being 
included in the census" (neque census esset) seems 
rather vague. Still, according to the terms of the 
lex, any person who had ever been included in the 
census would be affected by this legal incapacity. 
Sometimes it is assumed that the last census is 
meant. The Edict extended the rule of the Voconia 
lex to the bonorum possessio. 8 

Another provision of the lex forbade a person 
who was census to give more in amount in the 
form of a legacy, or a donatio mortis causa, to any 
person than the heres or heredes should take. This 
provision secured something to the heres or heredes, 
but still the provision was ineffectual, and the ob- 
ject of this lex was only accomplished by the lex 
Falcidia. (Vid. Legatum.) Gaius, 9 in quoting this 
provision of the lex, does not mention the condition 
of being census, but this is stated by Cicero. 10 

Some writers suppose that this lex also contain- 
ed a provision by which a testator was forbidden to 
give a woman more than half of his property by 
way of legacy ; and it appears from Cicero that the 
lex applied to legacies (de mulierum legatis et heredi- 



1. (Cic, Pro Balbo, 8.— Cato Major, 5. — Gell., vii., 13 ; xvii., 
6.)— 2. (Cic. in Verr., i., 41, 42.) — 3. (ii., 274.)— 4. (lvi., 10.)— 
5. (Augustin., De Civit. Dei, iii., 21.) — 6. (Cic, De ReD.. iii., 
10.— Gell., i., 12.)-7. (in Verr., 41.) —8. (Dig 37, tit. 1 V 12.) 
—9. (ii., 226.)— 10. (in Verr., i., 43.) 



VOLONES. 



USUCAPIO. 



kmbus 1 ). Quintilian 2 states that by the lex (Voconia) 
a woman could not take by testament more than 
half of a person's property ; but Quintilian says no- 
thing of the provisions of this lex, which incapaci- 
tated women altogether from taking under a will in 
certain cases, and in the passage referred to he is 
speaking of two women being made heredes of a 
property in equal shares. The dispute between the 
cognati and tho two women turned on the words 
of the lex, " n iiceat mulieri plusquam dimidiam 
partem bonorum suorum relinquere" the cognati 
contending that vhe lex did not allow the whole 
property to be t us given to two women in equal 
shares, though it was admitted that if half of the 
property had been given to one woman, there would 
have been no ground for dispute. It is quite con- 
sistent that the lex might have allowed a woman to 
take half of a man's property in certain cases, and 
in others to take none, though the object of the lex, 
which was to prevent large properties from coming 
into women's hands, would have been better secured 
by other provisions than those of the lex as they 
are known to us ; for it appears from Quintilian 
that a woman might take by will one half of as 
many properties as there were testators. It might 
be conjectured that the clause of the lex which 
forbade a woman being made heres signified sole 
heres, and then the clause which forbade her taking 
more than half would be fitly framed to prevent an 
evasion o< the law by making a woman heres ex 
detmce, for instance, and giving the rest to an- 
other person. And this conjecture derives some 
support from the provision which prevented the 
giving nearly all the property in legacies to the 
detriment of the heres ; which provision, however, 
it must be observed, does not apply to women only, 
so far as we can conclude from the words of Gaius. 3 
Tbe case of Fadia, mentioned by Cicero,* shows 
that there was a provision in the lex by which, in 
certain cases at least, a woman might take some- 
thing ; and it also shows that the lex prevented a 
man from making even his own daughter sole heres. 

According to Gaius and Pliny, 3 the provisions of 
the Voconia lex were in force at the time when they 
were writing, though Gellius 6 speaks of them as 
being either obsolete or repealed. The provisions 
of the lex Julia et Papia Poppasa may have repealed 
some of the clauses of the Voconia lex. 

The subject of the Voconia lex is one of consider- 
able difficulty, owing to the imperfect statements 
that remain of its contents and provisions, which 
were probably numerous. The chief modern au- 
thorities on the matter are referred to by Rein ; 7 
but the writer has not had the opportunity of con- 
sulting any of them. 

VOLO'NES is synonymous with voluutarii (from 
volo), and might hence be applied to all those who 
volunteered to serve in the Roman armies without 
there being any obligation to do so. But it was ap- 
plied more especially to slaves, when, in times of 
need, they offered or were allowed to fight in the 
Roman armies. Thus when, during the second 
Punic war, after the battle of Cannae, there was 
not a sufficient number of freemen to complete the 
army, about 8000 young and able-bodied slaves of- 
fered to serve. Their proposal was accepted ; they 
received armour at the public expense, and as they 
distinguished themselves, they were honoured with 
the franchise. 8 In after times the name volones 
was retained whenever slaves chose or were al- 
lowed to take up arms in defence of their masters, 



1. (Cic, De Repub., iii., 10.) — 2. (Declara., 264.) — 3. (ii., 
274.)— 4. (De Fia., ii., 17.)— 5. (Paneg., 42.)— 6. (xx., 1.)— 7. 
(Das Rom. Privat. Recht, p. 367, &o.)— 8. (Liv., xxii., 57.— Id., 
xziii., 35.— Macrob., Sat., :., 11.— Fest., s. v. Volones.) 

6T 



which they were the more willing to do, as the.* 
were generally rewarded with the franchise. 1 

VOLU'MEN. {Vid. Liber.) 

VOLUNTA'RII. ( Vid. Volones.) 

VOMITO'RIA. {Vid. Amphitheatrum, p. ii3.) 

*VULPES (aA<j707f), the Fox, or Cams Vulpcs, 
L. It is also called nepfid by Oppian and by Aris- 
tophanes, in a metaphorical sense. 3 

URAGUS. {Vid. Army, Roman, p. 104.) 

URNA, an urn, a Roman measure of capacity 
for fluids, equal to half an Amphora. 3 This use of 
the term was probably founded upon its more gen- 
eral application to denote a vessel for holding water, 
or any other substance, either fluid or solid.* 

An urn was used to receive the names of the 
judges {judices), in order that the preetor might 
draw out of it a sufficient number to determine 
causes ; 5 also to receive the ashes of the dead. 
{Vid. Funus, p. 460, 461.) For this purpose urns 
were made of marble, porphyry, baked clay, bronze, 
.or glass, of all forms and sizes, some quite simple, 
and others sculptured in bas-relief, or ornamented 
in an endless variety of ways. 

USTRFNA, USTRI'NUM. {Vid. Bustum ; Fn- 
nus, p. 460.) 

USUCA'PIO. The history of usucapio is an im 
portant fact in the history of Roman jurisprudence. 

Gaius 6 states that there was originally in Rome 
only one kind of ownership : a person was either 
owner of a thing ex jure Quiritium, or he was not 
owner at all. But afterward ownership was divided, 
so that one man might be owner ex jure Quiritium,. 
and another might have the same thing in bonis, 
that is, have the right to the exclusive enjoyment 
of it. He then goes on to give an instance of the 
mode in which the divided ownership might arise, 
by reference to the transfer of a res mancipi : if 
such a thing was transferred by bare tradition, and 
there was neither mancipatio nor in jure cessio, the 
new owner only acquired the natural ownership, as 
some would call it, or only had it in bonis, and the 
original owner retained the Quiritarian ownership 
until the purchaser acquired the Quiritarian owner- 
ship by usucapio ( possidendo usucapiat) ; for when 
the usucapio was completed, the effect was the 
same as if the thing had been originally mancipated 
or transferred by the in jure cessio. Gaius adds, 
" in the case of movable things, the usucapio is 
completed in a year, but in the case of a fundus or 
aedes, two years are required ; and so it is provided 
by the Twelve Tables." 

In this passage he is evidently speaking of res 
mancipi only, and of them only when transferred to 
the purchaser by the owner without the forms of 
mancipatio or in jure cessio. From this, then, it 
might be safely concluded that the Twelve Tables 
provided a remedy for defective modes of convey- 
ance of res mancipi from the owner ; and this is all 
that could be concluded from this passage. But a 
passage which immediately follows shows that this 
was all that the Twelve Tables did ; for Gaius 7 pro- 
ceeds to say, " But {ceterum) there may be usucapio 
even in the case of those things which have come 
to us by tradition from a person who was not the 
owner, whether they are res mancipi or not, pro- 
vided we have received them bona fide, believing 
that he who delivered {qui tradiderit) them to us 
was the owner. And this rule of law seems to have 
been established, in order that the ownership of 
things might not be long in uncertainty, seeing 

1. (Liv., xxiv., 11, 14, &c. — Id., xxvii., 38. — Id., xxviii., 46.— 
Capitolin., M. Auton. Pkilos, 21.) — 2. (Aristot., H. A., vi., 10. 
— Oppian, Cyneg., in., 450. — Aristoph., Eq., 1065. — Adams, Ap- 
pend., s. v.)— 3. (Hor., Sat., i., 1, 54.)— 4. (Plaut., Pseud., i., 2, 
24.— Hor., Sat., i., 5, 91.— Id. ib., ii., 6, 10.— Ovid, Met., iii., 172..' 
—5. (Hor., Carm., iii., 1, 16.— Virg.,^En., vi., 432.— Plin., Epist 
x... 3— Juv., Sat., xin., 4 *— 6. (ii., 4U-42 )— 7. (ii., 43.) 

1065 



USUCAPIO. 



USUCAPIO. 



that one or two years would be quite sufficient for 
the owner to look after his property, that being the 
time allowed to the possessor for usucapio." 

The reason for limiting the owner to one or two 
years has little reason in it. and possibly no histori- 
cal truth ; but it is clear from this passage that this 
application of the rule of usucapio was formed from 
analogy to the rule of the Twelve Tables, and that 
it was not contained in them. The limitation of the 
time of usucapio is clearly due to the Twelve Ta- 
bles, and the time applied only to purchases of res 
mancipi from the owner when the legal forms of 
conveyance had been neglected. But the origin of 
usucapio was probably still more remote. 

When Gaius states that there was originally only 
one kind of ownership at Rome, and that afterward 
ownership was divided, he immediately shows how 
nhis arose by taking the case of a res mancipi. This 
division of ownership rested on the division of things 
into res mancipi and res nee mancipi, a distinction that 
had reference to nothing else than the mode of trans- 
ferring the property of them. Things were merely 
called res mancipi because the ownership oPthem 
could not be transferred without mancipatio. Things 
were res nee mancipi, the alienation of which could 
be effected without mancipatio. There could be no 
division of things into mancipi and nee mancipi ex- 
cept by determining what things should be res man- 
cipi. Res nee mancipi are determined negatively : 
they are all things that are not res mancipi : but 
the negative determination presupposes the positive ; 
therefore res mancipi were determined before res 
nee mancipi could be determined ; and before the 
res mancipi were determined, there was no distinc- 
tion of things into res mancipi and res nee mancipi. 
But this distinction, as such, only affected the con- 
dition of those things to which it had a direct appli- 
cation : consequently, all other things remained as 
they were before. The conclusion, then, is certain, 
that the res mancipi, as a class of things, were an- 
terior, in order of time, to the class of res nee man- 
cipi, which comprehended all things except res man- 
cipi. Until then, the class of res mancipi was estab- 
lished, all property at Rome could be alienated by 
Dare tradition, as res nee mancipi could be alienated 
by tradition after the class of res mancipi was con- 
stituted. 

The time when the class of res mancipi was form- 
ed is not known ; but it is most consistent with all 
that we know to suppose that it existed before the 
Twelve Tables. If we consider the forms of man- 
cipatio (vid. Mancipatio), we cannot believe that 
they arose in any other way than by positive enact- 
ment. As soon as the forms of mancipatio and of 
the in jure cessio (which, from its character, must 
be posterior to mancipatio) were established, it fol- 
lowed that mere tradition of a thing to a purchaser 
and payment of the purchase-money could not 
transfer the ownership of a res mancipi. The trans- 
fer gave the purchaser merely a possessio, and the 
original owner retained the property. In course of 
time, the purchaser obtained the publiciana actio, 
and from this time it might be said that a double 
ownership existed in the same thing. 

The introduction of mancipatio, which gave rise 
to the double ownership, was also followed by the 
mtroduction of usucapio. The bona fide possessor 
of a res mancipi which had not been transferred by 
mancipatio, had no legal defence against the owner 
who claimed the thing. But he had the exceptio 
doli, and subsequently the exceptio rei venditae et 
traditae, by which he could protect himself against 
the owner ; and as possessor simply, he had the pro- 
tection of the interdict against third persons. He 
had the full enjoyment of the thing, and he could 
transfer the possessio. but he could do no act with 
J 066 



respect to it for which Quiritarian ownership was 
necessary ; consequently, he could not alienate it 
by mancipatio or in jure cessio, and it was a neces- 
sary consequence that he could not dispose of it by 
testament in the same way in which Quiritarian 
ownership was disposed of by testament. The ne- 
cessity for such a rule as that of usucapio v as evi 
dent, but it could arise in no other way than b> 
positive enactment, for its effect was to be the sane 
as that of mancipatio. The Twelve Tables fixed 
the term of usucapio, but we do not know whether 
they fixed or merely confirmed the rule of law a? 
to usucapio. 

It is a mistake to suppose that tradition or deliv- 
ery was a part of mancipatio as such. Mancipatio 
was merely a form of transferring ownership which 
was fixed by law, and the characteristic of which 
was publicity : a delivery of the thing would of 
course generally follow, but it was no part of the 
transfer of ownership. Land (prcedia), for instance, 
could be mancipated without delivery (in absentia 
mancipari solent 1 ). In the case of movable things, 
it was necessary that they should be present, not 
for the purpose of delivery, but that the thing man- 
cipated might be identified. The essential to "the 
transfer of ownership in all ages and in all countries 
is the consent of two persons who have legal capa- 
city to consent, the seller and the buyer. All the 
rest is form that may be varied infinitely : this con- 
sent is the substance. Yet tradition as a form of 
transfer was undoubtedly the old Roman form, and 
consent alone was not sufficient ; and it may be 
admitted that consent alone was never sufficient 
for the transfer of ownership without affecting the 
principle laid down that consent alone is essential 
in the transfer of ownership. This apparent incon- 
gruity is ingeniously and sufficiently explained in 
the following manner : " Tradition owes its origin 
to a time when men could not sufficiently separate 
in their minds physical ownership, or the dominium 
over a thing, from legal ownership. As a man can 
only call a bird in the air or a wild animal in the 
forest his own when he has caught it, so men 
thought that tradition must be added to contract in 
order to enable a man to claim the thing as his 



"2 



own 

Besides the case of property there might be usu- 
capio in the case of servitutes, marriage, and hered- 
itas. But as servitutes praedioram rusticorum 
could only be the objects of mancipatio, and as be- 
ing parts of ownership could only be established by 
the same form by which ownership of res mancipi 
was transferred, so, according to the old law, these 
servitutes alone could be the object of usucapio ; 
and, as it is contended by Engelbach, only in the 
case of aquaeductus, haustus, iter, and actus. But 
as the ownership of res mancipi could be acquired 
by bare tradition followed by usucapio, so these ser- 
vitutes could be established by contract, and could 
be fully acquired by usucapio. In the later Roman 
law, when the form of mancipatio was replaced by 
mere tradition, servitutes could be established per 
pacta et stipulationes only. In the case of a mar- 
riage coemptione, the form of mancipatio was used, 
and the effect was, that the woman came into the 
hand of her husband, and became part of his fami- 
lia. The marriage usu could not of itself effect this, 
but if the woman lived with her husband a year, she 
passed into his familia by usucapio (velut annua pos- 
sessione usucapiebatur) : and, accordingly, it was pro- 
vided by the laws of the Twelve Tables, that if she 
did not wish thus to come into her husband's hand, 
she must in every year absent herself from him for 
three nights in order to interrupt the usus. 3 Thu3 

1. (Ulp., Frag., 29, tit. 6.— Gaius, i., 121.) -2. (Engelbach, 
Ueber die Usucapion, &c, p. 60.) -3. (Gaius, i., 110.) 



CSUCAPiO 



USUCAPIO 



lsucapio added to usus produced the effect of co- 
eniptio. In the case of the hereditas, when the tes- 
tator had the testamenti factio, and had disposed of 
his property without observing the forms of manci- 
patio and nuncupatio, the person whom he had 
named his heres could only ohtain the legal owner- 
ship of the hereditas by usucapio. In all these cases, 
then, the old law as to usucapio was this : when the 
positive law had required the forms of mancipatio, 
in order that a certain end should be effected, usu- 
capio supplied the defect, by converting a mere pos- 
sessio (subsequently called in bonis) into dominium 
ex jure Quiritium. Usucapio, then, was not original- 
ly a mode of acquisition, but it was a mode by which 
a defect in the mode of acquisition was supplied, 
and this defect was supplied by the us^ of the thing, 
or the exercise of the right. The end of usucapio 
was to combine the beneficial with the Quiritarian 
ownership of a thing. Accordingly, the original 
name for usucapio was usus auctoritas, the auctori- 
tas of usus, or that which gives to usus its efficacy 
and completeness, a sense of auctoritas which is 
common in the Roman law. (Vid. Auctoritas, 
Tutela.) But usus alone never signifies usucapio ; 
and consistently with this, in those case's where 
there could be no usucapio, the Roman writers speak 
of usus only. Possessio is the usus of a piece of 
ground as opposed to the ownership of it ; and the 
term usus was applied to the enjoyment of land on 
which a man either had not the ownership, or of 
which he could not have the ownership, as the ager 
publicus. In the later law, as it is known to us in 
the Pandect, usucapio was a mode of acquiring 
ownership : the term usus auctoritas was replaced 
by the phrase usu capere, and in the place of usuca- 
pio sometimes the phrase " possessione or longe pos- 
ses sione capere" occurs ; but possessio alone never 
is used for usucapio. 

It appears from a passage of Gaius already quoted, 
that in his time usucapio was a regular mode of ac- 
quisition, which was applicable to things which had 
come to a man by tradition from one who was not 
the owner, and was applicable both to res man- 
cipi and nee mancipi, if the possessor possessed 
them bona fide, that is, if he believed that he receiv- 
ed them from the owner. There were, however, 
some exceptions to this rule : a man could never 
acquire the ownership of a stolen thing by usucapio, 
for the Twelve Tables prevented it, and the lex Ju- 
lia et Plautia prevented usucapio in the case of a 
thing vi possessa. The meaning of the law was 
not that the thief or the robber could not acquire the 
ownership by usucapio, for the mala fid^s in which 
their possession originated was an obstacle to the 
usucapio ; but no person who bona fide bought the 
thing that was stolen or vi possessa, could acquire 
the ownership by usucapio. 1 According to other 
authorities, the rule as to a stolen thing was estab- 
lished by the lex Atinia. Provincial lands were also 
not objects of usucapio. 

If a woman was in the tutela of her agnati, her 
res mancipi could not be the objects of usucapio, un- 
less they had been received from her by traditio 
with the auctoritas of her tutor ; and this was a pro- 
vision of the Twelve Tables. The legal incapacity 
of the woman to transfer ownership by mancipatio 
must be the origin of this rule. The hereditas of a 
woman who was in tutela legitima could not be an 
object of usucapio, as Cicero explains to Atticus (de 
tutela legitima nihil usucapi posse 2 ). The foundation 
of this rule, according to some, was the legal inca- 
pacity of a woman who was in the tutela of her ag- 
nati, to make a will. ( Vid. Testamentum ; but see 
the article Tutela.) 

In order to ac quire by usucapio, a person must 

1. (Gains, li., 45.)— 2. (ad Att., i., 15.) 



have the capacity to acquire by mancipatio : conse- 
quently, all persons were excluded from acquiring 
by usucapio who had not the commercium. The 
passage quoted by Cicero 1 from the Twelve Tables : 
" adversum hostem (t. e., peregrinum) ceterna auctori- 
tas," is alleged in support of this rule of Jaw ; that 
is, a peregrinus may have the use of a res mancini 
which has been transferred by traditio, but he caif 
never acquire anything more by usucapio. 

Things could not be objects of usucapio which 
were not objects of commercium. Accordingly, all 
res divini juris, such as temples and lands dedicated 
to the gods, and res communes, could not be objects 
of usucapio. The limits or bounds by which tho 
Romanus ager was marked out were consequently 
not objects of usucapio, as to which there was a pro- 
vision in the Twelve Tables 2 (" Quoniam usucapi- 
onem intra quinque pedes esse noluerunt"). The quin- 
que pedes are the limites linearii, the breadth of 
which was fixed at five feet by a lex Mamilia. The 
approach to a sepulchre was also not an object of 
usucapio. 3 

In the time of Gaius,* a man might take posses- 
sion of another person's land, provided he used no 
force (vis), the possession of which was vacant 
either from the carelessness of the owner, or be- 
cause the owner had died without a successor (vid. 
Successio), or had been long absent ; and if he 
transferred the field to a bona fide purchaser, the 
purchaser could acquire the ownership by usucapio, 
even though the seller knew that the field was not 
his own. This rule was established against the 
opinion of those who contended that a fundus could 
be furtivus or an object of theft. But a man might 
in some cases acquire by usucapio the ownership of 
a thing which he knew to be not his own : as if a 
man had possession of a thing belonging to the he- 
reditas, of which the heres had never acquired the 
possession, provided it was a thing that could be an 
object of usucapio. This species of possessio and 
usucapio was called pro herede, and even things im- 
movable (qua solo continentur) could be thus acqui- 
red by one year's usucapio. The reason was this : 
the Twelve Tables declared that the ownership of 
res soli could be acquired by usucapio in two years, 
and all other things in one year : now, as the hered- 
itas was not a res soli, it must be included in the 
"other things," and it was farther determined that 
the several things which made up the hereditas 
must follow the rule as to the hereditas ; and though 
the rule as to the hereditas was changed, it con- 
tinued as to all the things comprised in it. The 
reason of the rule as to this " improba possessio et 
usucapio" says Gaius, was, that the heres might be 
induced the sooner to take possession of the heredi- 
tas, and that there might be somebody to discharge 
the sacra, which in ancient times (Mis temporibus) 
were very strictly observed, and also that there 
might be somebody against whom the creditors 
might make their demands. This kind of possessio 
and usucapio was called lucrativa. In the time ol 
Gaius it had ceased to exist, for a senatus consult 
um of Hadrian's time enabled the heres to recovei 
that which had been acquired by usucapio, just as 
if there had been no usucapio ; but in the case of 
a heres necessarius, the old rule still remained. 6 

Gaius mentions a mode of acquisition under the 
name of usureceptio. If a man mancipated a thing 
to a friend, or transferred it by the in jure cessio, 
simply in order that the thing might be in his friend's 
safe keeping (fiducial causa ; quod tutius nostra re% 
apud eum essent), he had always a capacity for re- 
covering it. In order to recover immediately the 



1. (Do OP\c , i., 12 )— 2. (Cic, De Leg., i., 21.)— 3. (Gaius. 
ii., 48.)-- 4. c, 510- 5 (Gaius, ii., 58 — Ciu., Top., S.-PUn.i 
Ep.,v., 1.) 

x067 






USUCAPIO. 

Quiritarian ownership of the thing remancipatio was 
necessary ; but if the thing was transferred to him 
by traditio, the remancipatio was completed by usu- 
capio, or, as it is here called, by usureceptio : for 
usureceptio differs in no respect from usucapio, ex- 
cept that the person who acquires the Quiritarian 
ownership by usus, in the one case acquires (capit), 
'n the other reacquires (recipit) the thing. In the 
case of a pignorated thing, the debtor's capacity to 
recover by usureceptio was the same as in the case 
of fiducia, as soon as he had paid his debt to the 
creditor : and even if he had not paid the money, and 
had obtained possession of the thing neither by hiring 
it from the creditor nor precario, he had a lucrativa 
usucapio, which was a usureceptio, and was probably 
formed from analogy to the lucrativa usucapio pro 
herede. 

Servitutes piraediorum rusticorum were establish- 
ed, at least according to the old law, by mancipatio ; 
the right to the servitutes could only be properly ex- 
tinguished by a remancipatio. If the servitus was 
extinguished by mere agreement, there must be a 
usureceptio on the part of the owner of the servient 
tenement, in order to complete its legal release from 
the servitus. In order that the possession of the 
libertas of the servient land might be enjoyed unin- 
terruptedly for two years, there must be for the same 
time a total abstinence from all exercise of the rfght 
on the part of him who had the servitus. Subse- 
quently it was considered sufficient if the person 
entitled to the servitus did not exercise his right for 
two years. 

When usucapio was established as a means of 
giving the Quiritarian ownership to him who had 
acquired a thing in bonis, the form of mancipatio 
must have gradually lost its importance, and usu- 
capio came to be viewed as a mode of acquisition. 
Accordingly, it has been already observed, it became 
applicable to all cases of bona fide possession, wheth- 
er the thing was a res mancipi or not. Former- 
ly, if a will had been made in due form, except as to 
mancipation and nuncupation, the heres acquired 
the hereditas by usucapio ; but with the introduc- 
tion of the pragtorian testament (vid. Testamentum) 
and the boi.orum possessio, the bonorum possessor 
obtained the- right to actiones fictitiae or utiles in all 
cases where the deceased had a right of action, and 
he acquired by usucapio the Quiritarian ownership 
of the several things which were included in the he- 
reditas. In course of time, it came to be considered 
by the jurists as a rule of law that there could be 
no usucapio of an hereditas. 1 In like manner, in 
the case of servitutes established by contract, the 
introduction of the actio publiciana rendered the 
doctrine of usucapio unnecessary, and a Scribonia 
lex is mentioned which repealed all usucapio of ser- 
vitutes. 3 But this lex only applied to the establish- 
ment of servitutes ; it did not affect that usucapio 
by which the freedom of a servient piece of land was 
effected. It became a maxim of law : servitutes 
•pradiorum rusticorum non utendo amittuntur, which, 
viewed with respect to the servient land, was a usu- 
receptio. In this sense " usurpata recipitur" seems 
to be used in a passage of Paulus. 3 " Usurpari" is 
commonly used in the sense of " uti" and in this 
passage of Paulus " usurpata recipitur'''' seems equiv- 
alent to "usu recipitur" though this is not the 
meaning that has usually been given to this pas- 
sage. 

In the case of marriage, also, usucapio fell into 
disuse, as we learn from Gaius.* 

But in other respects usucapio subsisted. He 
who had acquired a res mancipi by tradition, had 
flow a praetorian ownership, and he had a right of 

1. (Gaius, ii., 54.)— 2. (Dig. 41, tit. 3, s. 4, $ 29.)— 3. (S. R., 
i.,tit 17. s. 2.)— 4. (i., 111.) 
1068 



USUSFRUC TUS. 

action in respect of this ownership, which was anafc 
ogous to the rei vindicatio. But usucapio was stiJf 
necessary to give him Quiritarian ownership and its 
consequent advantages. The distinction between 
res mancipi and nee mancipi existed, and, as a con- 
sequence, the testamentum per aes et libram sub- 
sisted at the same time with the praetorian testa- 
ment. 

When, finally, all distinction was abolished between 
res mancipi and nee mancipi, and the ownership of 
all things could be acquired by traditio and occu- 
patio, that kind of usucapio ceased by which a thing 
in bonis became a man's ex jure Quiritium. All 
usucapio was now the same, and its general defini- 
tion became " adjectio dominii per continuationem pos- 
sessions temporis lege defniti." 1 From this time 
the terms usucapio and longi temporis praescriptio 
were used indifferently, as some writers suppose, 
though on this point there is not uniformity of opin- 
ion. 

(Engelbach, Ueber die Usucapion zur zeit der Zwolf 
Tafeln, Marburg, 1828. — Miihlenbrueh, Doctrin. 
Pandect., § 261, &c. — Ueber die Usucapio, pro herede 
von Arndts, Rhein. Mus. fur Jurisprudenz, ii., 125.) 

USUR^E. (Vid. Interest of Money", p. 546.) 

USURPATIO. One sense of this word is " usu- 
capions interruption 2 Appius Claudius, not the de- 
cemvir, but he who made the Appia Via, and brought 
the Aqua Claudia to Rome, wrote a book De Usur- 
pationibus, which was not extant in the time of 
Pomponius. 3 In some cases " usurpatio" means the 
preservation of a right by the exercise of it, as "jus 
usurpatum^ in the case of a servitus aquae ducen- 
dae ; and this nearly agrees with that sense of 
usurpare which is equivalent to uti. (Vid. Usuca- 
pio.) 

USUS. (Vid. Marriage, Roman, p. 623.) 

USUS. (Vid. Ususfructus.) 

USUSFRUCTUS and USUS were personal serv> 
tutes.* Ususfructus is defined to be "jus alicnis 
rebus utendi fruendi salva rerum substantia."* Ac- 
cordingly, ususfructus comprehended the "jus utendi" 
and the "jus fruendi." Usus comprehended only 
the "jus utendi." The complete distinction between 
ususfructus and usus will only appear from a state- 
ment of what each is. 

A ususfructus was the right to the enjoyment of 
a thing by one person, while the ownership belonged 
to another. It could be established by testament, 
as when the heres was required to give to another 
the ususfructus of a thing ; and it could also be es- 
tablished by contract between the owner of a thing 
and him who contracted for the ususfructus. He 
who had the ususfructus was ususfructuarius or 
fructuarius, and the object of the ususfructus was 
res fructuaria. 

There might be ususfructus both in praedia rus- 
tica and urbana, in slaves, beasts of burden, and 
other things. 

If the ususfructus of a thing was bequeathed to a 
person, all the " fructus" of the thing belonged to 
the fructuarius during the time of his enjoyment. 
Consequently, if the ususfructus of a piece of land 
was given to him, he was entitled to collect and have 
for his own all the fructus that were already on the 
land, and all that were produced on it during the 
time of his enjoyment ; but as he only acquired the 
ownership of the fructus by collecting them, he was 
not entitled to fructus which existed on the land at 
the time when his right ended, and which he had 
not collected. 

He was bound not to injure the land, and he was 
bound to cultivate it properly. As to quarries and 

1. (Dig. 41, tit. 3, s. 2 : " De Usurpationibus et Usucapion* 
bus.")— 2. (Dig. 41, tit. 3, s. 2.) — 3. (Dig. 1, tit. 2, s. 36.)— 4 
(Dig. 8, tit. 1, s. 10— 5. (Dig. 7, tit. 1, s. 1.) 



USUSFRUCTUS. 



USUSFhUCTUS 



mines, he could work them for his benefit, if he 
worked them properly (quasi bonus paterfamilias). 
If, after the bequest of the ususfructus, minerals 
were found on the land, he could work them. He 
could be compelled to plant new trees in the place 
of those which died, and generally to keep the land 
in good condition. If the ususfructus was of aedes, 
the fructuarius was entitled to all the rents and prof- 
its which he received during the time of his enjoy- 
ment. He could be compelled to keep a house in 
repair, but it seems to be doubtful how far he was 
bound to rebuild the house if it fell down from de- 
cay : at any rate, he was liable for all moderate and 
reasonable expenses which were necessary for the 
maintenance of the property. 

The fructuarius could not alienate the right to the 
ususfructus, though he might give to another the 
usus of his right ; and he might surrender the right 
to the ususfructus to the owner of the thing. He 
could not subject the thing to servitutes ; nor could 
the owner do this, even with the consent of the fruc- 
tuarius. The fructuarius could make such changes 
or alterations in the thing as would improve it, but 
not such as would in any way deteriorate the thing. 
Consequently, he had greater power over cultivated 
land than over houses or pleasure-grounds, for a part 
of the value of houses or pleasure-grounds, and 
things of the like kind, consists in opinion, and must 
be measured by the rank, wealth, and peculiar dis- 
position of the owner. 

The fructuarius could maintain or defend his rights 
by action and by interdicts. On the completion of 
the time of the ususfructus, the thing was to be re- 
stored to the owner, who could generally require se- 
curities from the fructuarius both for the proper use 
of the thing and for its restoration in due time. 
This security was in some cases dispensed with by 
positive enactments, and in other cases by agree- 
ment ; but it could not be dispensed with by testa- 
ment. 

Originally there could be no ususfructus in things 
unless they were things corporeal, and such as could 
be restored entire when the time of ususfructus had 
expired. But by a senatus consultum of uncertain 
date there might be quasi ususfructus of things which 
were consumed in the use, ajAd in this case the fruc- 
tuarius in fact became the owner of the things, but 
was bound to give security that he would either re- 
store as much in quantity and value as he had re- 
ceived, or the value of the things in money. It is 
generally supposed that this senatus consultum was 
passed in the time of Augustus, and a passage of 
Cicero 1 is alleged to show that it did not exist in the 
time of Cicero : " Non debet ea mulier, cui vir bono- 
rum suorum usumfructum legavit, cellis vinariis et ok' 
ariis plenis relictis, putare id ad se pertinere. Usus 
enim non abusus legatur." The only difficulty is in 
the words " id ad se pertinere,'''' which are usually 
translated "these things (the cellae vinariee, &c.) 
are not objects of ususfructus," from which it is in- 
ferred that there was at that time no ususfructus in 
things which were consumed in the use. But if this 
is the sense, the words which follow, " for the usus, 
not the abusus (power to consume), is the object of 
the legacy," have no clear meaning. These words 
simply signify that a usus is given, not an abusus ; 
but this does not prove that an abusus could not be 
given. Puchta shows that the phrase «* res pertinet 
ad usufructuarium," which exactly corresponds to 
the phrase in Cicero, does not mean " that the thing 
is an object of ususfructus," but that " it does not 
belong to the fructuarius." In the Digest 8 the ques- 
tion is, whether the young child of a female slave 
6elongs to the fructuarius (an partus ad fructuarium 



1. (Tod., 3.)— 2. (7, :it l,s. 68.) 



pertineat), *nd it is answered in the negative, vmn 
the following explanation : " nee usumfructum in ca 
fructuarius habebit." The passage of Cicero, there- 
fore, will mean, that wine and oil in the testators 
possession are not given to her by a bequest of the 
ususfructus of his property, for it is usus^ that is, the 
enjoyment of the property, which is given, and not 
" abusus," or the power to consume things. In other 
words, the testator gives the woman a ususfructus ir. 
all his property, that is, a right to gather the fruits • 
but he does not give the wine and oil, which air 
fruits already gathered, to the woman to be her prop- 
erty, as if she had gathered them during her usus- 
fructus. Puchta contends that " abusus" does not 
necessarily signify that there could be " abusus" on l> 
in the case of things " qua. usu consumuntur :" he 
says that in the place of wine and oil Cicero might 
have given the young of animals, as an example, 
without altering his expression. If this interpreta- 
tion is correct, Puchta contends that the senatus 
consultum as to quasi ususfructus is older than the 
time of Cicero. But, in truth, the senatus consultum 
does not apply to the case under consideration, which 
is simply this, whether a gift of ususfructus is a gift 
of the fructus that are already gathered ; and Cicero 
says that it is not, for it is usus which is given, that 
is, ususfructus, or the right of gathering the fruits, 
and not abusus, which implies the right to the un 
limited enjoyment of a thing. If abusus had been 
given, the woman's power over all the property of 
the testator, including the Avine and oil, would have 
been unlimited ; but as abusus was not given, and 
as u .Hsfructus implies the gathering of the fruits by 
the fiuctuarius, the enjoyment of the fruits already 
gathered could not belong to her. The argument 
of Cicero, then, proves nothing as to the existence 
of a quasiususfructus in his time ; so far as his ai» 
gument goes, the quasiususfructus might have then 
existed or might not have existed. The interpreta- 
tion of Puchta is correct, but his conclusion is not 
certain. In addition to this, it does not appear that 
senatus consulta were made on such matters as 
those relating to the law of property before the im 
perial period. 

Usus is defined 1 by the negation of "frui :" " cm 
usus relictus est, uti potest, frui vero non potest." The 
title of the Digest above referred to is " Be Usu ei 
habitatione," and the instances given under that ti- 
tle mainly refer to the use of a house or part of a 
house. Accordingly, the usus of a house might be 
bequeathed without the fructus : 2 it has been al- 
ready explained what is the extent of the meaning 
of ususfructus of a house. The usus of a thing im- 
plies the power of using it either for necessary pur- 
poses or purposes of pleasure. The man who was 
entitled to the usus could not give the thing to an 
other to use, though a man who had the usus of a 
house could allow another to lodge with him. A 
man who had the usus of an estate could take wood 
for daily use, and could enjoy the orchard, the fruit, 
flowers, and water, provided he used them in mod- 
eration, or, as it is expressed, " non usque ad com- 
pendium, sed ad usum scilicet non abusum." If the 
usus of cattle (pecus) was left, the usuarius was en- 
titled to a moderate allowance of milk. If the usus 
of a her.i of oxen was bequeathed to a man, he 
could use the oxen for ploughing, and for all purpo- 
ses for which oxen are adapted. If the usus was 
of things which were consumed in the use, then the 
usus was the same as ususfructus. 1 Usus was in 
its nature indivisible, and, accordingly, a part of a 
usus could not be given as a legacy, though persons 
might have the fructus of a thing in common.* A3 
to his duties, the usuarius was in most respects like 



tit 



1. (Dig. 7, tit. 8, s. 2.)— 2. (Di ? . 7. tit. 8, s. 18.) — 3. (DJ*. r , 
. 5, s. 5, $ 2 ; s. 10, $ 1.)— 4. (Die * tit. 8, s. 19.) 

1069 



XENAGOI. 



XENIAS GKAPRE. 



the fructuarius. In some cases usus is equivalent 
to ususfructus, as where there can be no usus of a 
thing without a taking of the fructus. 1 
UTERINI. (Vid. Cognati.) 
UTI POSSIDENTIS. ( Vid. Interdict™, p. 543.) 
UTTLIS ACTIO. (Vid. Actio, p. 17.) 
UTRES. (Vid. Vinum, p. 1053.) 
UTRICULA'RIUS. (Vid. Tibia.) 
UTRUBI. (Vid. Interdictum, p. 543.) 
VULCANA'LIA, a festival celebrated at Rome in 
honour of Vulcan, on the 23d of August (X. Calend. 
Sept.), with games in the Circus Flaminius, where 
the god had a temple. 2 The sacrifice on this occa- 
sion consisted of fishes, wTiich the people threw into 
the fire. 3 It was also customary on this day to 
commence working by candlelight, which was prob- 
ably considered as an auspicious beginning of the 
use of fire, as the day was sacred to the god of this 
element.* 

VULGA'RES. ( Vid. Servus, Roman, p. 887.) 
UXOR. (Vid. Marriage, Roman, p. 623.) 
UXO'RIUM or JES UXO'RIUM was a tax paid 
by persons who lived as bachelors. 5 It was first 
imposed by the censors M. Furius Camillus and M. 
Postumius, B.C. 403, 6 but whether it continued to 
be levied we do not know. Subsequent censors 
seem not unfrequently to have used endeavours to 
induce bachelors to marry ; the orations of the cen- 
sors Metellus Macedonicus (B.C. 131) and Metellus 
Numidicus (B.C. 102) on the subject were extant 
in the time of the Empire. Some extracts from 
the speech of the latter are given by Aulus Gellius, 7 
and Augustus read the speech of the former in the 
senate as applicable to the state of things in his 
time. 8 Various penalties were imposed by Augus- 
tus upon those who lived in a state of celibacy, re- 
specting which see Julia Lex et Papia Popp^ea, 
p 556. 

*XANTHE (ZuvOri). a kind of Haematite, or Blood- 
stone, of a pale yellowish colour, containing iron 
ore. 9 

*XANTHION (gavdiov), a plant, lesser Burdock, 
or Xanthium strumarium. 10 

*XANTHOBAI/ANUS (^avdoSulavoc). Accord- 
ing to Adams, " Some have taken this for the Nut- 
meg, but this opinion is refuted by Clusius. Spren- 
gel inclines to refer it to the nut of the Semicarpum 
unacardium." 11 

XEN'AGOI (tjevayoi). The Spartans, as being 
the head of that Peloponnesian and Dorian league 
which was formed to secure the independence of 
the Greek states, had the sole command of the con- 
federate troops in time of war, ordered the quotas 
which each state was to furnish, and appointed of- 
ficers of their own to command them. Such offi- 
cers were called t-evayoi. The generals whom the 
allies sent with their troops were subordinate to 
these Spartan gevayoi, though they attended the 
council of war as representatives of their respect- 
ive countries. 12 After the peace of Antalcidas, the 
league was still more firmly established, though 
Argos refused to join it ; and the Spartans were 
rigorous in exacting the required military service, 



1. (Dig. 7, tit. 1, &c— Frag. Vat., De TJsufructu. — Miihlen- 
brach, Doct. Pandect., ^ 284, &c. — " Ueber das alter des Quasiu- 
susfructus," Von Puchta, Rhein. Mus. fur Jurisprudenz, iii., 82.) 
—2. (Inscript. ap. Gruter, lxi., 3 ; cxxxiv.— Publ. Vict., De Re- 
gion, urb. Romae, 9.) — 3. (Varro, De Ling. Lat., v., p. 57, Bip.) 
—4. (Plin., Epist., iii.,5.)— 5. (Festus, s, v.)— 6. (Val.Max., ii., 
9, H- — Plut., Cam., 2.) — 7. (i., 6.) — 8. (Suet., Octav., 89.— 
Liv., Epit., 59.) — 9. (Theophrast., De Lapid., c. 66. — Adams, 
Append., s. v.)— 10. (Dioscor., iv., 136. — Adams, Append., s. v.) 
-11. (Myrepsus, 349. — Adams, Append., s. v.) — 12. (Thucyd., 
«., 7, 10, 75.— Id., v., 54.— Xen., Hell., iii., 5, t) 7 — Id. lb., v., i) 
33 .— Id., Agesil., ii., 10.) 
1070 



demanding levies by the okvt&Iv* and sending on 
i-evayoi to collect them. 1 

The word tjevayog may be applied to any leader 
of a band of foreigners or mercenaries. It is also 
used to signify one who shows hospitality to stran- 
gers, or who conducts them about the town to see 
what is to be seen there, like the Latin perductor. 3 

XENELAS'IA (frvrjlaoia). The Lacedaemoni 
ans appear in very early times, before the legisla- 
tion of Lycurgus, to have been averse to inter- 
course with foreigners (^ivoiat airp6o-/j.iKToi 3 ). This 
disposition was encouraged by the lawgiver, who 
made an ordinance forbidding strangers to reside at 
Sparta, without special permission, and empower- 
ing the magistrate to expel from the city any stran- 
ger who misconducted himself, or set an example 
injurious to public morals. Such jurisdiction was 
exercised by the ephori. Thucydides* makes Per 
icles reproach the Lacedaemonians with this prac- 
tice, as if its object were to exclude foreigners from 
sharing in the benefits of their institutions. The 
intention of Lycurgus, more probably, was to pre- 
serve the national character of his countrymen, and 
prevent their being corrupted by foreign manners 
and vices (as Xenophon says), biros {irj padwvpyiac 
ol TroXcrai and tuv %evuv £fnrL7r?LCUVT0. 5 With the 
same view the Spartans were themselves forbidden 
to go abroad without leave of the magistrate. 
Both these rules, as well as the feelings of the peo- 
ple on the subject, were much relaxed in later times, 
when foreign rule and supremacy became the object 
of Spartan ambition. Even at an earlier period we 
find that the Spartans knew how to observe the 
laws of hospitality upon fit and proper occasions, 
such as public festivals, the reception of ambassa- 
dors, &c. 6 They worshipped a Zevc ^iviog and 
'Adava %evLa. 7 The connexion, called by the Greeks 
npotjevia, was cultivated at Sparta both by the state 
and by individuals, of which their connexion vdth 
the Pisistratidae is an example, and also that of a 
Spartan family with the family of Alcibiades. 8 
(Vid. Hospitium.) Many illustrious men are re 
ported to have resided at Sparta with honour, aa 
Terpander, Theognis, and others. 9 Xenophon was 
highly esteemed by the nation, and made Spartar. 
■Kpo^evog. (See farther on the subject of the S-evjj- 
laola, Thucyd., L, 144, with Gceller's notes. — Aris 
toph., Aves, 1013. — Harpocr., s. v. Kal yap to p.rjdeva.'; 

SEN1A2 TPA<pH (frviag ypa^r,). This was a 
prosecution at Athens for unlawfully usurping the 
rights of citizenship. As no man could be an 
Athenian citizen except by birth or creation (ytvtc 
or TroiTJaei). if one, having neither of those titles, as 
sumed to act as a citizen, either by taking part in 
the popular assembly, or by serving any office, ju 
dicial or magisterial, or by attending certain festi- 
vals, or doing any other act which none but a citi- 
zen was privileged to do, he was liable to a ypa®7) 
gevtag, which any citizen might institute against 
him. 10 Or he might be proceeded against by elaayy- 
ehta. 11 If condemned, his property and person 
were forfeited to the state, and he was forthwith 
to be sold for a slave. 12 The judgment, however, 
was arrested if he brought a 6lktj ipevdo/iapTvpitiv 
against the witnesses who had procured his convic- 
tion, and convicted them of giving false testimony. 
During such proceeding he was kept in safe custo- 
dy to abide the event. (Vid. Martyria.) When a 



1. (Xen., Hell., v., 2, $ 7, 37— Id. ib., vi., 3, $ 7.— Wachsmuth, 
Hell. Alterth., I., ii., 114, 241.— Schomann, Ant. Jur. Publ. Gr., 
p. 426.)— 2. (Steph., Thesaur., 6477.) — 3. (Herod., i., 65.) — 4 
(ii., 39.)— 5. (De Rep. Laced., xiv., 4.— Compare Plut., Lycurg., 
27.)— 6. (Xen., Mem., i., 2, $ 61.)— 7. (Pausan., iii., 11, $ 11.)— 
8. (Thucyd., v., 43.— Id., vi., 89.— Id., vni., 6.— Herod., v., 91.— 
Compare vi , 57.) —9. (Schomann, Ant. Jur. Publ. Gr., 142.) — 
10. (Demosth., c. Timoth., 1204.)— 11. (Scb-caann, De Comil , 
187.)— 12. (Demosth., Epist., i., 14S1.) 




XENICON. 



XENICON 



person tried on this charge was acquitted by means 
of fraudulent collusion with the prosecutor or wit- 
nesses, or by any species of bribery, he was liable 
to be indicted afresh by a ypa^rj dupo&viae, the pro- 
ceedings in which, and the penalty, were the same 
as in the ypatyr) Zeviac. The jurisdiction in these 
matters belonged, in the time of Demosthenes, to 
the thesmothetee, but anciently, at least in the 
time of Lysias, to the nautodiea?. 1 

In order to prevent fraudulent enrolment in the 
tegister of the dr/p.01, or Xngiapxticdv ypafiftarelov, 
which was important evidence of citizenship, the 
d-yioTai themselves were at liberty to revise their 
register, and expunge the names of those who had 
been improperly admitted. From their decision 
there was an appeal to a court of justice, upon 
which the question to be tried was much the same 
as in the ypaqr] tjeviac, and the appellant, if he ob- 
tained a verdict, was restored to the register ; but 
if judgment was given against him, he was sold for 
a slave. (Vid. Demus.) 2 For an example of this 
see the speech of Demosthenes against Eubulides. 

XENICON (Zevlkov). At an early period there 
was no such thing as a standing army or mercena- 
ry force in the Greek republics. The former would 
have excited jealousy lest it should oppress the 
people, as the chosen band did at Argos, 8 and for 
the latter there was rarely any occasion. The cit- 
izens of every state formed a national militia for 
the defence of their country, and were bound to 
serve for a certain period at their own expense, the 
higher classes usually serving in the cavalry or 
heavy-armed infantry, the lower classes as light- 
armed troops. Foreigners were rarely employed ; 
the Carians, Cretans, and Arcadians, who served 
as mercenaries, 4 are an exception to the general 
rule. In the Persian war we rind a small number 
of Arcadians offering to serve under Xerxes ; 5 and 
il.ey seem to have used themselves to such employ- 
ment down to a much later period. 6 The practice 
of maintaining a standing force was introduced by 
the tyrants, who kept guards and soldiers in their 
pay (dopvcpopoi, fitodo&opoi) to prevent insurrections 
of the people, and preserve their influence abroad. 
As it was unsafe to trust arms in the hands of their 
own subjects, they usually employed foreigners. 7 
Hence, and because citizen soldiers used to fight 
without pay, ijivot. came to signify mercenaries. 9 
We must distinguish, however, between those who 
fought as auxiliaries, whether for pay or otherwise, 
under commission from their own country, and 
those who did not. The former were eirl/covpoi, 
not ZevotJ The terms tjevoi and Zevlkov implied 
that the troops were independent of, or severed 
from their own country. 

The first Grecian people who commenced the em- 
ployment of mercenaries on a large scale were the 
Athenians. . While the tribute which they -eceived 
from the allies placed a considerable revenue at 
their disposal, the wars which their ambition led 
them into compelled them to maintain a large force, 
naval and military, which their own population was 
unable to supply. Hence they swelled their armies 
with foreigners. Thucydides makes the Corinthian 
ambassador at Sparta say, uvtjtt] rj 'Adnvaluv dvva- 
wc. 10 They perceived, also, the advantage of em- 

1. (Harpocrat., s. v. Atapolevia, Jlapdarauii, NavroSiKai. — 
Hesych. and Suid., 8. v. Htviof Sikti, Navrodiicat. — Pollux, 
Onom., viii., 40, 126.— Meier, Att. Proc, 83, 347, 761.)— 2. (Har- 
noci., s. v. £iaip/J4>HTii. — Schomann, De Comit., 381.)— 3. (Pau- 
san., ii., 20, <> 2.— Thucyd., v., 81.)— 4. (Herod., i., 171. — Pau- 
san., iv., 8, « 3 ; 10, $ 1 ; 19, 1) 4 — Wachsmuth, Hell. Alterth., I., 
i., 30.— Schomann, Ant. Jur. Publ. Gr., 159.)— 5. (Herod., viii., 
26.)— 6. (Xen., Hell., vii., 1, () 23.— Schomann, ib., 409.) —7. 
(Tnucyd., vi., 55.— Diod. Sic, xi., 67,72.— Xen., Hier., v., 3.)— 
8. (Harpocr., s. v. "EeviTtvofiivovs.)— 9. (Herod., i.,64.— Id., iii., 
45.— Id., v., 63.— Thucyd., i., 60. — Id., ii., 70. — Id., iii., 34.— 
Id . iv., 80 )-10. (i., 121.) 



ploying men of different nations in that service, lor 
which, from habit, they were best qualified ; as, for 
instance, Cretan archers and slingers, Thracian 
peltastae. 1 At the same time, the practice of paying 
the citizens was introduced : a measure of Pericles, 
which was, indeed, both just and unavoidable (for 
no man was bound by law, or could be expected to 
maintain himself for a long campaign), but which 
tended to efface the distinction between the native 
soldier and the foreigner. 2 Other Greek nations 
soon imitated the Athenians, 3 and the appetite for 
pay was greatly promoted by the distribution of 
Persian money among the belligerents* At the 
close of the Peloponnesian war, large numbers of 
men who had been accustomed to live by war were 
thrown out of employment ; many were in exile, or 
discontented with the state of things at home ; all 
such persons were eager to engage in a foreign ser- 
vice. Hence there arose in Greece a body of men 
who made arms their profession, and cared little on 
which side they fought, provided there were a suit- 
able prospect of gaining distinction or emolument. 
Conon engaged mercenaries with Persian money. 
Agesilaus encouraged the practice, and the Spartans 
allowed the members of their confederacy to furnish 
money instead of men for the same purpose. 5 The 
Greeks who followed Cyrus in his expedition against 
Artaxerxes were mercenaries. 6 So were the fa- 
mous peltastse of Chabrias and Iphicrates. 7 The Pho- 
cians, under Philomelus, Onomarchus, and Phayllus, 
carried on the sacred war by the aid of mercena- 
ries, paid out of the treasures of the Delphian tem- 
ple. 8 But higher pay and richer plunder were in 
general to be found in Asia, where the disturbed 
state of the empire created continual occasions for 
the service of Greek auxiliaries, whose superior 
discipline and courage were felt and acknowledged 
by the Barbarians. Even the Spartans sent their 
king Agesilaus into Egypt for the sake of obtaining 
Persian gold. Afterward we find a large body of 
Greeks serving under Darius against Alexander. 
It is proper here to notice the evil consequences 
that resulted from this employment of mercenaries, 
especially to Athens, which employed them more 
than any other Greek state. It mignt be expected 
that the facility of hiring trained soldiers, whose 
experience gave them great advantages, would lead 
to the disuse of military service by the citizens. 
Such was the case. The Athenian citizens stayed 
at home, and became enervated and corrupted by 
the love of ease and pleasure ; while the conduct 
of wars, carried on for their benefit, was intrusted 
to men over whom they had little control. Even 
the general, though commonly an Athenian, was 
compelled frequently to comply with the humours, 
or follow the example of his troops. To conciliate 
them, or to pay them their arrears, he might be 
driven to commit acts of plunder and outrage upon 
the friends and allies of Athens, which thus found 
enemies where she least expected. It was not un- 
usual for the generals to engage in enterprises for- 
eign to the purposes for which they were sent out, 
and unconnected with the interests of their country, 
whose resources they wasted, while they sought 
their own advantage. The expeditions of Chabrias 
and Iphicrates to Egypt are examples of this. But 
the most signal example is the conduct of the ad- 
venturer Charidemus. Upon all these matters we 
may refer the reader more particularly to Demos- 
thenes, whose comments upon the disastrous policy 



1. (Thucydides, vi., 25. — Idem, vii., 27. — Aristophanes, 
Acharn., 159.)— 2. (Bockh, Staatsh. der Athen., i., 292, &c> 
— 3. (Thucyd., iv., 76.) —4. (Thucyd., viii., 5, 29, 45. — Xen.', 
Hell., i., 5, t> 3.)— 5. (Id. ib., iii., 4, ^ 15.— Id. ib., iv., 3. $ 15.— 
Id. ib., v., 2, $21.) — 6. (Id., Anab., i., 3. t) 21.)— 7. (Harpocr., 
8. v. ~.evik6v iv KofAvOio. — Aristoph. Plut., 173)— 8. (Diod 
Sic, xvi., 30, &c) 

1071 



XESTES. 



ZEIA. 



pursued by his countrymen were no less just than 
they were wise and statesmanlike. 1 

HEN'02, SEN'IA (frvoc, i-evia). (Vid. Hospi- 
tium, p. 512.) 

XESTES (tjearne), a Greek measure of capacity, 
both fluid and solid, which contained 12 cyathi or 2 
cotylae, and was equal to -g- of the x°vc, T V °f the 
Roman amphora or quadrantal, and -^ of the Greek 
amphora or metretes ; or, viewing it as a dry meas- 
ure, it was half the chcenix and -^ of the medim- 
mis. It contained '991,1 of a pint English. 

At this point the Roman and Attic systems of 
measures coincide ; for, though the Zeornc appears 
to have varied in different states of Greece, there is 
no doubt that the Attic fecrrj?? was identical, both 
m name and in value, with the Roman sextarius. 
41sg, the Attic x°^ was equal to the Roman con- 
gius, for the i-ecrnc was the sixth of the former, and 
the sextarius the sixth of the latter. ( Vid. Chous, 
Congius, Sextarius.) Farther, the Attic metretes 
or amphora contained 12 ^oe?, and the Roman am- 
phora contained 8 congii ; giving for the ratio of the 
former to the latter 3 : 2, or Ii : to 1. Again, the 
Attio medimnus was the double of the Roman am- 
phora, and was to the metretes in the ratio of 4 : 3 ; 
and the Roman modius was the sixth of the Attic 
medimnus, and the third of the Roman amphora. 
Hence the two systems are connected by the num- 
bers 2 and 3 and their multiples. 

How and when did this relation arise 1 It can- 
not be accidental, nor can we suppose that the 
Greek system was modelled upon the Roman, since 
the former existed long before the Roman conquest 
of Greece. We must therefore suppose that the 
Roman system was in some way adapted to the 
Gr**^ It is a remarkable circumstance, that the 
uncial system of division which characterized the 
Roman weights and measures {vid. As, Uncia) is 
not found in the genuine Roman measures of ca- 
pacity (for the use of the cyathus as the uncia of the 
sextarius appears to have originated with the Greek 
physicians in later times) ; and this is the more re- 
markable, as it is adopted in the Greek system : the 
Greek amphora being divided into 12 #oe?, an( i tne 
Roman into 8 congii instead of 12. In the Roman 
foot, again, besides the uncial division, we have the 
division into 4 palmi and 16 digiti, which seems 
clearly to have been borrowed from the Greek divis- 
ion into 4 -KaXaarai and 16 6u,ktv\oi. {Vid. Pes.) 
It seems, therefore, highly probable that the Greek 
system of measures had a considerable influence on 
that of the Romans. 

To find the origin of this connexion, we must look 
from the measures to the weights, for both systems 
were undoubtedly founded on weight. The Roman 
amphora or quadrantal contained 80 pounds (wheth- 
er of wine or water does not matter here), and the 
congius 10 pounds. Also the Attic talent was 
reckoned equal to 80 Roman pounds, and contained 
60 minae. Therefore the Attic mina had to the Ro- 
man pound the ratio of 80 : 60, or 4 : 3. 

Now if we look at the subject historically, we find 
aJl the principal features oif the Roman system in 
existence as early as the time of Servius Tullius. 
We must therefore seek for the introduction of the 
Greek element before that time. At that early pe- 
liod Athens does not appear to have had any con- 
siderable commercial intercourse with Italy, but 
ether Grecian states had, through the colonies of 
Magna Graecia. The Phocaeans, at a very early 
j^riod, had a traffic with the Tyrrhenians ; theiEgi- 
» etans had a colony in Umbria ; and Corinth and 
I er colonies were in intercourse with the people of 

I. (Demosth., Philip., i., p. 46.— Id., c. Aristocr., p. 666, 671. 
- -Id., Tcspi tov <TT£<p. T?j? rpt77p., p. 1232, &c— Athenveus, xii.,43. 
. -Thiriwall, Hist, of Greece, v., p. 210.— Wachs., I., ii., p. 309.) 
1072 



central Italy, besides the traces of Corinthian influ 
ence upon Rome, which are preserved in the legend 
of the Tarquinii. It is therefore to the ^Eginetico- 
Corinthian system of weights and measures that 
we must look for the origin of Grecian influence on 
the Roman system. Now the iEginetan pound, 
which was half of the ^Egineten mina, had to the 
Roman pound the ratio of 10:8; and, since the 
^Eginetan mina was to the Attic (most probably, 
vid. Talentum) as 5 : 3, we get from the compari- 
son of these ratios the Attic mina to the Roman 
pound as 4 : 3, as above. 

The above view of the relation between the Greek 
and Roman system of measures of capacity is that 
of Bockh, who discusses the subject more fully in 
his Metrologische Untersuchungcn, xi., § 10. 

*XIPHIAS {gtfiac), the Swordfish, or Xiphias 
gladius, L. It would also appear to be the gladius 
of Pliny and Isidorus. 1 

*XIPHION (tjifiov), the Gladiolus communis, or 
Corn-flag. 2 

XIPH'OS (#0o?). {Vid. Gladius.) 

XOANON (%6avov). {Vid. Statuary, p. 913.; 

*XYRIS (Zvplc), the Iris foztidissima, or Stinking 
Gladwyn. It is most probably the %tpic of Theo- 
phrastus. 3 

XYSTARCHUS. (Vid. Gymnasium, p. 483.) 

XYSTUS. (Vid. Gymnasium, p. 482; Hortus 
p. 511.) 

Z 

ZAC'OROI (Cdnopot) is the name by which, in 
Greece, those persons were designated whose duty 
it was to guard a temple and to keep it clean. Not- 
withstanding this menial service, they partook of 
the priestly character, and are sometimes even 
called priests.* In many cases they were women,, 
as Timo in Herodotus; 5 but men are also men- 
tioned as ^aKopoi. The priestess Timo is called by 
Herodotus vno^uicopog, from which it is clear that, 
in some places, several of these priests must have 
been attached to one and the same temple, and that 
they differed among themselves in rank. A class 
of servants of the same kind were the veunopoi, or 
temple-sweepers. 6 Subsequently, however, the me 
nial services connected with this office were left to 
slaves, and the persons called veunopoi became 
priestly officers of high rank, who had the supreme 
superintendence of temples, their treasures, and the 
sacred rites observed in them. 7 We learn from in- 
scriptions that in some towns the veunopot. formed 
a collegium, which was headed by the eldest among 
them. When the vetjuopoi had thus risen to the 
rank of high priestly officers, magistrates and per- 
sons of distinction, and even emperors, were anx- 
ious to be invested with the office, and< in the time 
of the emperors, whole nations and cities assumed 
the title of vecoKopoi, as we learn from numerous 
coins and inscriptions, and thus became the especial 
guardians of particular temples. 8 

*ZEIA (Zeia), a kind of grain, described by Aetius 
and Avicenna as intermediate between wheat and 
barley. " In short," says Adams, " almost all the 
authorities agree that it is the Triticum Spelia, or 
Spelt. The tiQtj of Theophrastus, and the oXvpa of 
Homer, as well as the far and adoreum of the Ro 
mans, were in all probability merely varieties of 
Spelt." 9 



1. (Aristot., H. A., ii., 13. — JElian, N. A., ix., 40. — Adams 
Append., s. v.) — 2. (Theophrast., H. P., vi., 8. — Dioscor., iv. 
20.)— 3. (Id., iv., 22.— Theophrast., H. P., ix., 8.)— 4. (Suid - 
Hesych — Etym. Mag., s. v. Za/co/)oj.— Pollux, Onom., i., 16.) — ^5 
(vi., 134.)— 6. (Hesych. and Suid., s. v.)— 7. (Xen., Anab., v., 3, 
t) 7. — Plat., De Leg., vi.)— 8. (Van Dale, Dissertat. ad Inscripl 
et Mann. inpr. Grsec , p. 298, &c. — Eckhel, Doctrin. Num., iv., 
p. 288, &c.)— 9. (Theophrast., H. P., ii., 4.— Dioscor., ii., 111.— 
Horn., II., viii., 560. — Theophrast., H. P., i., 6. — Adams, Ap 
pend., s. v.) 



ZONA. 



ZONA. 



ZETE TAI ^nrnrai), Inquistors, were extraor- 
dinary officers appointed by the Athenians to dis- 
cover the authors of some crime against the state, 
and bring them to justice. Public advocates, ovvrj- 
yopoi or KaTTJ-yopot, were sometimes directed to 
assist them in this duty. Frequently the court of 
Areopagus performed the office of inquisitors for the 
state, and, indeed, it was the duty of every magis- 
trate to assist in procuring information against of- 
fenders. 1 Zt]T7]Tai were more frequently appointed 
to search for confiscated property, the goods of con- 
demned criminals and state debtors ; to receive and 
give information against any persons who concealed 
or assisted in concealing them, and to deliver an 
inventory of all such goods (u.7roypd<pecv) to the 
proper authorities. The delinquent was then pros- 
ecuted, either before the avvdtKot, or, it might be, 
before the ^nrnrai themselves, if their commission 
extended to the holding of an riyefiovia diKacTrjpiov. 
Any person, however, who thought himself entitled 
to the goods which were the subject of such infor- 
mation, or to any part of them, might prefer a com- 
plaint against the inquisitor or informer, and petition 
to have the goods, or the part to which he was 
entitled, or their proceeds, restored to him. This 
proceeding was called eveTrioKnfifia. (Vid. Syndi- 
coi, Paracatabole.) Inquisitors were also called 
MaaTijpec. On one particular occasion a set of 
commissioners, called ovXXoyeic, were appointed to 
discover the property of the oligarchs, who were 
concerned in overturning the democracy. 2 

ZEUGITAE (frvylrat). (Vid. Census, p. 229.) 

*ZINGIB'ERIS (byyideptc), Amomum Zingiber, 
or Ginger. 

ZONA, dim. ZONULA, also called CINGULUM 
(&vn, ^ufia, &GTfjp z ), a Girdle or Zone, worn about 
che loins by both sexes. As in the case of some 
other articles of dress, the distinction between the 
male and female girdle was denoted by the use of a 
diminutive, frovn or ^uarrjp being more properly a 
man's, (,dvtov a woman's girdle.* The finer kinds 
of girdles were made by netting, whence the manu- 
facturer of them was called ZuviottIokoc.* 

The chief use of this article of dress was to hold 
up the tunic (favvvadat. 6 ), which was more especial- 
ly requisite to be done when persons were at work, 
on a journey, or engaged in hunting. Hence we 
see the loins girded in the woodcuts of the boatman 
at p. 426, of the shipbuilders at p. 62, 112, of the 
goatherd at p. 754, of the hunters at p. 836, and of 
Diana at p. 245. The £6vn or faoTTjp is also repre- 
sented in many ancient statues and pictures of men 
in armour, as worn round the cuirass. Among the 
Romans the magister equitum wore a girdle of red 
leather, embroidered with needlework, and having 
its two extremities joined by a very splendid and 
elaborate gold buckle. (Vid. Fibula). 7 The girdle 
mentioned by Homer 9 seems to have been i constit- 
uent part of the cuirass, serving to fasten it by 
means of a buckle, and also affording an additional 
protection to the body, and having a short kind of 
petticoat attached to it, as is shown in the figure 
of the Greek warrior in p. 597. In consequence 
oi the use of the girdie in fastening on the armour, 
fcvvvadai or Qaaadai meant to arm one's self, 9 and 
from this circumstance Athene was worshipped un- 
der the character Zuarnpia. 10 The woodcut at p. 15 
shows that the ancient cuirass did not descend low 

1. (Andoc., De Myst., 3, 5, 6. — Dinarch., c. Demosth., p. 90, 
97, ed. Steph.) — 2. (Haipocr., s. v. Zrjrqrrig. — Bockh, Staatsh. 
tier Athen., i., 170. — Meier, Att. Proc, 110, 112, 566. — See also 
the speeches of Lysias, De PubJ. Bon. and De Aristoph. Bon. ; 
vid as to the proceedings against state debtors, see farther, 
ribekh, ib., i., 415.)— 3. (Herod., i., 215.— Id., iv., 9.— Mtrpa.)— 
>. (Moeris, Att., s. v.) 5. (Th. Magister, p. 413, ed. Oudeiidorp. 
— Zonanus.)— 6. (Callim., Dian., 12.)— 7. (Lydus, De Mag., ii., 
13)— 8. (II., iv., 135; v., 539 ; x., 77; ii., 236.)— 9. (Horn., II., 
ii . 15.) — 10. (Paus ix . 17, v 2.) 

6U 



enough to secure that part of the body which was 
covered by the ornamental kilt or petticoat. To 
supply this defect was the design of the mitra (jii- 
rpa), a brazen belt, lined probably on the inside with 
leather and stuffed with wool, which was worn 
next to the body, 1 so as to cover the lower part of 
the abdomen. The annexed woodcut shows the cut- 
side and inside of the bronze plate of a mitra one 
foot long, which was obtained by Brondsted 2 in the 
island of Eubcea, and is now preserved in the Roy- 
al Library at Paris. We observe at one end two 
holes for fastening the strap, which went behind the 
body, and at the other end a hook, fitted probably 
to a ring, which was attached to the strap. A por- 
tion of a similar bronze plate is engraved by Caylus.' 




^ OJOOOj 




c 




O o c"° ° 



Men used their girdles to hold money instead ol a 
purse. 4 The wallet (vid. Pera) was fastened to the 
girdle , and still more frequently the fold of the tu- 
nic, formed by tucking it up, and called sinus, was 
used as a pocket to carry whatever was necessary. 

As the girdle was worn to hold up the garments 
for the sake of business or of work requiring de- 
spatch, so it was loosened, and the tunic was allowed 
to fall down to the feet, to indicate the opposite con- 
dition, and more especially in preparing to perform 
a sacrifice (vesle recincta?) or funeral rites (discinc- 
ti, 6 inductee 7 ). 

A girdle was worn by young women even when 
their tunic was not girt up, and removed on the day 
of marriage, and therefore called &vn irapdevitfj* 
napdivov fiirpnv 9 ). The Flora in the museum at 




1. (Horn, Il.,iv., 137, 187; v., 707, 857.— Schol. in 11., iv., 187.) 
— 2. (Bronzes of Siris, p. 42.)— 3. (Rec. d'Ant., v., pi. 96, fig. 1.) 
—4. (Plant., Merc, v., 2, 84.— Gellius, xv., 12. -Suet., Vitell., 
16.)— 5. (Virg., ^n., iv., 518.— Ovid, Met., vii., 182.)— 6 (Sue- 
ton., Octav., 100.)— 7. fTibu]l.,.iii.,2, 18.)— 8. (Jacobs, Anthol., 
ii., p. 873.)— 9. (Brunck,Anal., iii.,299— Sen., (Ed., ii.. 3, 17.— 
Horn., Od., v., 231.— Longus, i., 2.— Ovid Eoist. Her., ii., 116.— 
Id. ib., ix., 66.— Festus, s. v. Cingulum.-Catull., ii., 13. — Id 
liiv., 28.) 

1073 



ZOOPHYTA 



ZYTHUS. 



Naples (see the preceding woodcut) shows the ap- 
pearance of the girdle as worn by young women. 

A horse's girth, used to fasten on the saddle 
{vid. Ephippium), was called by the same names, and 
was sometimes made of rich materials, and em- 
broidered in the most elaborate manner. 1 These 
;erms, zona and cingulum, were also used to signify 
the five zones as understood by geographers and as- 
tronomers. 2 

*ZOOPH'YTA tfuofyvTa). " Aristotle," says Ad- 
ams, "ranks the Urtica or Medusa and sponges 
among those things which partake in part of the 



1. (Ovid, Rem. Am.- 236.— Claud, Epig., 34, 36.)— 2. (Virg., 
Qeorg , i., 233. — Plin., H. N., ii., 68. — Macrob,, Sora. Scip., n.) 
1074 



nature of animals and in part of plants. T. _e term 
therefore corresponds to the Zoophyta of modera 
naturalists." 1 

*ZYGJ2NA (fyyaiva), the Squalus Zygcena, L., 
or Balance Fish. It is a very large fish, and was 
placed among the Cetacea by Galen, Oribasius, 
Paulus JEgineta, and other ancient writers. 8 

*ZYG'IA (&yi.a), a plant, most probably the Car- 
pinus betulus, or Hornbeam, as Stackhouse sug- 
gests. 3 

*ZYTHUS (#0o f ). (Vid. Cerevisia.) 



1. (Arist., De P. A., iv., 5. — Id., H. A.,i., 1, &c. — Adams, Ap- 
pend., s. v.)— 2. (Arist., H. A., ii., 25.— ^Elian N A., ix ,4»~ 
Adams, Append., s. v.) — 3. (TheopHrast , II. P., in , 4. — Id ?i^ 
in., 6, Ac.) 



FASTI CONSULARES 



(Referred to at Page 412 of this wori.l 



JL -X i. t*. 

509 245 L. Junius Brutus. Oecis. est. 

L. Tarquinius Collatinus. Abd. 



508 246 
507 247 
506 248 
^05 219 
504 250 
503 251 
502 252 
501 253 



a00 254 

499 255 
498 256 



497 257 
496 258 
495 259 
494 260 



Sp. Lucretius Tricipitinus. Mort. est. 

M. Horatius Pulvillus. 
P. Valerius Poplicola. 
P. Valerius Poplicola II. 
T. Lucretius Tricipitinus. 
P. Valerius Poplicola III. 
M. Horatius Pulvillus II. 
Sp. Lartius Flavus s. Rufus. 
T. Herrninius Aquilinus. 
M. Valerius Volusus. 
P. Postumius Tubertus. 
P. Valerius Poplicola IV. 
T. Lucretius Tricipitinus II. 
P. Postumius Tubertus II. 
Agrippa Menenius Lanatus. 
Opiter Virginius Tricostus. 
Sp. Cassius Viscellinus. 
Postumus Cominius Auruncus. 
T. Lartius Flavus s. Rufus. 

Dictator rei gerundce causa. 
T. Lartius Flavus s. Rufus. 

Magister Equitum. 
Sp. Cassius Viscellinus. 
Ser. Sulpicius Camerinus Cornutus, 
M\ Tullius Longus. Mort. e. 
T. JSbutius Elva. 

Veturius Gemirms Cicurinus. 
Lartius Flavus 5. Rufus II. 
Claelius (Volcula) Siculus. 

Diet, rei ger. c. 
A. Postumius Albus Regillensis. 

Mag. Eq. 
T. ^Ebutius Elva. 
A. Sempronius Atralinus. 
M. Minucius Augurinus. 
A. Postumius Albus Regillensis. 
T. Vilnius Tricostus Caeliomontanus. 



P. 
T. 

a. 



Claudius Sabinus Regillensis. 



Ap. 

P. Servilius Priscus Structus. 

A. Virginius Tricostus Caeliomontanus. 

T. Veturius Geminus Cicurinus. 
Diet, seditionis sedanda c. 

M'. Valerius Volusus Maximus. 
Mag. Eq. 

Gl. Servilius Priscus Structus. 
493 261 Sp. Cassius Viscellinus II. 

Postumus Cominius Auruncus II. 
492 262, T. Geganius Macerinus. 

P. Minucius Augurinus. 
491 263 M. Minucius Augurinus II. 

A. Sempronius Atratinus II. 
490 264 Gt. Sulpicius Camerinus Cornutus. 

Sp. Lartius Flavus s. Rufus II. 
489 265 C. Julius Julus. 

P. Pinarius Mamercinus R.ufus. 
488 266 Sp. Nautius Rutilus. 

Sex. Furius Medullinus Fusus. 
487 267 T. Sicinius Sabinus. 

C. Aquilius Tuscus. 
4S6 268 Proculus Virginius Tricostus Rutilus 

Sp. Cassius Viscellinus III. 
485 269 Ser. Cornelius Cossus Maluginensis. 

&. Fabius Vibulanus. 



A. c. A. u, 

484 270 

483 271 

482 272 
481 273 
480 274 
479 275 
478 276 



L. iEmilius Mamercus. 

K. Fabius Vibulanus. 

M. Fabius Vibulanus. 

L. Valerius Potitus. 

C. Julius Julus. 

&. Fabius Vibulanus II. 

K. Fabius Vibulanus II. 

Sp. Furius Medullinus Fusus, 

Cn. Manlius Cincinnatus. Occ. s. 

M. Fabius Vibulanus II. 

K. Fabius Vibulanus III. 

T. Virginius Tricostus Rutilus. 

L. iEmilius Mamercus II. 

C. Servilius Structus Ahala. Mort. e. 



477 
476 
475 
474 
473 
472 
471 
470 
469 
468 



467 



466 
465 
464 
463 
462 
461 
460 



277 
278 
279 
280 

281 
282 



Opiter Virginius Tricostus Esquilinus. 

C. Horatius Pulvillus. 

T. Menenius Lanatus. 

A. Virginius Tricostus Rutilus. 

Sp. Servilius Priscus Structus. 

P. Valerius Poplicola. 

Nautius Rutilus. 

Manlius Vulso. 

Furius Medullinus Fusus. Lustr. VI 1 1 

iEmilius Mamercus III. 
Vopiscus Julius Julus. 
L. Pinarius Mamercinus Rulus. 
P. Furius Medullinus Fusus. 



C. 
A. 
L. 
L. 



283 Ap. Claudius Sabinus Regillensis. 



284 
285 
286 
287 
288 
289 
290 
291 
292 
293 
294 



A. 
T. 
T. 

a. 

Ti. 

a. 



T~ Gluinctius Capitolinus Barba:us. 
L. Valerius Potitus II. 
Ti. iEmilius Mamercus. 

Virginius Tricostus Caeliomontanus. 

Numicius Priscus. 

Gluinctius Capitolinus Barbatus II 

Servilius Priscus Structus. 
iEmilius Mamercus II. 

Fabius Vibulanus. 
Sp. Postumius Albus Regillensis. 
0,. Servilius Priscus Structus II. 
GL. Fabius Vibulanus II. 
T. Gluinctius Capitolinus Barbatus III. 
A. Postumius Albus Regillensis. 
Sp. Furius Medullinus Fusus. 
P. Servilius Priscus Structus. 
L. iEbutius Elva. 
L. Lucretius Tricipitinus. 
T. Veturius Geminus Cicurinus. 
P. Volumnius Amintinus Gallus. 
Ser. Sulpiciu? Camerinus Cornutus. 
C. Claudius Sabinus Regillensis. 
P. Valerius Poplicola II. Mort. e. 



459 295 
458 296 



457 297 
456 298 
455 299 



L. Gluinctius Cincinnatus. 

Gl. Fabius Vibulanus III. 

L. Cornelius Maluginensis. 

L. Minucius Esquilinus Augurinus 

C. Nautius Rutilus II. 

Diet, rei ger. c. 
L. Gluinctius Cincinnatus. 

Mag. Eq. 
L. Tarquitius Flaccuo'. 
C. Horatius Pulvillus II. 
Gl. Minucius Esquilinus Augurinus. 
M. Valerius (Lactuca) Maximus. 
Sp. Virginius Tricostus Caeliomontanus 
T. Romilius Rocus Vaticanus. 

1075 



FASTI CONSULARES. 



FASTI CONSULARES. 



k.C. A.V 

454 300 
453 301 
452 302 
451 303 



C. Veturius Geminus Cicurinus. 

Sp. Tarpeius Montanus Capitolinus. 

A. Aternius Varus Fontinalis. 

Sex. Gluinctilius Varus. 

P. Curiatius Festus Trigeminus. 

P. Sestius Capitolinus Vatieanus. 

T. Menenius Lanatus. 

Ap. Claudius Crassinus Regillensis Sabi- 
nus II. Abd. 

T. Genucius Augurinus. Abd. 
Decemviri. 

Ap. Claudius Crassinus Regillensis Sabi- 
nus. 

T. Genucius Augurinus. 

Sp. Veturius Crassus Cicurinus. 

C. Julius Julus. 

A. Manlius Vulso. 

Ser. Sulpicius Camerinus Cornutus. 

P. Sestius Capitolinus Vatieanus 

P. Curiatius Festus Trigeminus. 

T. Romilius Rocus Vatieanus. 

Sp. Postumius Albus Regillensis. 
450 304 Decemviri. 

Ap. Claudius Crassinus Regillensis Sabi- 
nus II. 

M. Cornelius Maluginensis. 

L. Sergius Esquilinus. 

L. Minucius Esquilinus Augurinus. 

T. Antonius Merenda. 

Gt. Fabius Vibulanus. 

Gt. Pcetelius Libo Visolus. 

K. Duilius Longus. 

Sp. Oppius Cornicen. 

M'. Rabuleius. 
449 305 L. Valerius Poplicola Potitus. 

M. Horatius Barbatus. 
448 306 Lar. Herminius Aquilinus (Continisanus). 

T. Virginius Tricostus Caeliomontanus. 
447 307 M. Geganius Macerinus. 

C. Julius Julus. 
446 308 T. Gluinctius Capitolinus Barbatus IV. 

Agrippa Furius Medullinus Fusus. 
445 309 M. Genucius Augurinus. 

C. Curtius Philo. 
441 310 Tribuni militum consulari potestate. 

A, Sempronius Atratinus. 

T. Cloelius Siculus. 

L. Atilius. 

Tribuni abdicarunt. Consules. 

L. Papirius Mugillanus. 

L. Sempronius Atratinus. 
443 31 1 M. Geganius Macerinus II. 

T. Gluinctius Capitolinus Barbatus V. 
Censores. iAistr. XI. 

L. Papirius Mugillanus. 

L. Sempronius Atratinus. 

M. Fabius Vibulanus. 

Postumus jiEbutius Elva Cornicen. 

C. Furius Pacilus Fusus. 

M\ Papirius Crassus. 

Proculus Geganius Macerinus. 



a. c. 
436 



A. U. 

318 



442 312 
441 313 
440 314 
439 315 



L. Menenius Lanatus. 

T. Gluinctius Capitolinus Barbatus VI. 

Agrippa Menenius Lanatus. 

Diet, sedit. sed. c. 
L. Gluinctius Cincinnatus II. 

Mag. Eq. 
C. Servilius Structus Ahala. 
438 316 Trib. Mil. 

Mam. iEmilius Mamereinus. 
L. Gluinctius Cincinnatus. 
L. Julius Julus. 
437 317 M. Geganius Macerinus III. 
L. Sergius (Fidenas). 

Diet, rei ger. c. 
Mam. iEmilius Mameicinus. 

Mag. Eq. 
L. Gluinctius Cincinnatus. 
1076 



433 321 



M. Cornelius Maluginensis. 
L. Papirius Crassus. 
435 319 C. Julius Julus II. 

L. Virginius Tricostus. 

Diet, rei ger. c. 
Gt. Servilius Priscus Structus (Fid* 

nas). 

Mag. Eq. 
Postumus iEbutius Elva Cornicen. 

Censores. Lustr. XII. 
C. Furius Pacilus Fusus. 
M. Geganius Macerinus. 
434 320 Trib. Mil. 

M. Manlius Capitolinus. 
Ser. Cornelius Cossus. 
Gt. Sulpicius Prsetextatus. 

Trib. Mil. 
M. Fabius Vibulanus. 
M. Foslius Flaccinator. 
L. Sergius Fidenas. 

Diet, rei ger. c. 
Mam. iEmilius Mamereinus II. 

Mag. Eq. 
A. Postumius Tubertus. 
432 322 Trib. Mil. 

L. Pinarius Mamereinus Rulus. 
L. Furius Medullinus Fusus. 
Sp. Postumius Albus Regillensis. 
431 323 T. Gluinctius Pennus Cincinnatus. 
C. Julius Mento. 

Diet, rei ger. c. 
A. Postumius Tubertus. 

Mag. Eq. 
L. Julius Julus. 
C. Papirius Crassus. 
L. Julius Julus. 



430 
429 
428 
427 

426 



324 
325 

326 



327 



328 



425 329 



424 330 



423 
422 



331 
332 



421 
420 



333 
334 



L. Sergius Fidenas II. 

Hostus Lucretius Tricipitinus. 

A. Cornelius Cossus. 

T. Gluinctius Pennus Cincinnatus II. 

C. Servilius Structus Ahala. 

L. Papirius Mugillanus II. 

Trib. Mil. 
C. Furius Pacilus Fusus. 
T. Gluinctius Pennus Cincinnatus, 
M. Postumius Albus Regillensis. 
A. Cornelius Cossus. 

Diet, rei ger. c. 
Mam. iEmilius Mamereinus III. 

Mag. Eq. 
A. Cornelius Cossus. 

Trib. Mil. 
A. Sempronius Atratinus. 
L. Gtuinetius Cincinnatus II. 
L. Furius Medullinus Fusus II. 
L. Horatius Barbatus. 

Trib. Mil. 
Ap. Claudius Crassinus Regillensis. 
L. Sergius Fidenas II. 
Sp. Nautius Rutilus. 
Sex. Julius Julus. 

Censores. Laistr. XIII. 
L. Julius Julus. 
L. Papirius Crassus. 
C. Sempronius Atratinus. 
Gt. Fabius Vibulanus. 

Trib. Mil. 
L. Manlius Capitolinus. 
Gt. Antonius Merenda. 
L. Papirius Mugillanus. 
(L. Servilius Structus.) 
N. Fabius Vibulanus. 
T. Gluinctius Capitolinus Barbatus. 

Trib. Mil. 
T. Gluinctius Pennus C'ncinnatus II, 
L. Furius (Fusus) Medullinus III. 
M. Manlius Vulso. 
A. Sempronius Atratinus II. . 



FASTI CONSULARES. 



FASTI CONSULARES. 



419 335 Trib. Mil. 

Agrippa Menenius Lanatus. 

P. Lucretius Tricipitinus. 

Sp. Nautius Rutilus. 

C. Servilius (Structus) Axilla. 
418 336 Trib. Mil. 

M. Papirius Mugillanus. 

C. Servilius (Structus) Axilla II. 

L. Sergius Fidenas III. 
Diet, rei ger. c. 

&. Servilius Priscus Fidenas II. 
Mag. Eq. 

C. Servilius (Structus) Axilla. 
Censores. Lustr. XIV. 

L. Papirius Mugillanus. 

Mam. iEmilius Mamercinus. 
417 337 Trib. Mil. 

P. Lucretius Tricipitinus II. 

Agrippa Menenius Lanatus II. 

C. Servilius Structus III. 

Sp. Veturius Crassus Cicurinus. 
H6 338 Trib. Mil. 

A. Sempronius Atratinus HI. 

d. Fabius Vibulanus. 

M. Papirius Mugillanus II. 

Sp. Nautius Rutilus II. 
415 330 Trib. Mil. 

P. Cornelius Cossus. 

C. Valerius Potitus Volusus. 

CI. Gluinctius Cincinnatus. 

N. Fabius Vibulanus. 
414 340 Trib. Mil. 

&. Fabius Vibulanus II. 

P. Postumius Albinus Regillensis. 

L. Valerius Potitus. 

Cn. Cornelius Cossus. 
413 341 A. Cornelius Cossus. 

L. Furius Medullinus. 
412 342 CI. Fabius Vibulanus Anibnstus. 

C. Furius Pacilus. 
411 343 M. Papirius Mugillanus. 

C. Nautius Rutilus. 
410 344 M'. M mi lius Mamercinus. 

C. Valerius Potitus Volusus. 
409 345 Cn. Cornelius Cossus. 

L. Furius Medullinus II. 
408 34G Trib. Mil. 

C. Julius Julus. 

P. Cornelius Cossus. 

C. Servilius (Structus) 'Ahala. 
Diet, rei ger. c. 

P. Cornelius Rutilus Cossus. 
Mag. Eq. 

C. Servilius (Structus) Ahala. 
407 347 Trib. Mil. 

C. Valerius Potitus Volusus II. 

L. Furius Medullinus. 

C. Servilius (Structus) Ahala II. 

N. Fabius Vibulanus II. 
406 348 Trib. Mil. 

P. Cornelius Rutilus Cossus. 

Cn. Cornelius Cossus. 

L. Valerius Potitus II. 

N. Fabius Ambustus. 
405 349 Trib. Mil. 

C. Julius Julus II. 

T. Gluinctius Capitolinus Barbatus. 

&. Gluinctius Cincinnatus (II). 

M'. iEmilius Mamercinus. 

L. Furius Medullinus II. 

A. Manlius Vulso Capitolinus. 
404 350 Trib. Mil. 

P. Cornelius Maluginensis. 

Cn. Cornelius Cossus II. 

K. Fabius Ambustus. 

Sp. Nautius Rutilus III. 

C. Valerius Potitus VoJusus III. 

M'. Sergius Fidenas. 



Claudius Crassinus Regillensis 



403 m Trib. Mil. 

M'. iEmilius Mamercinus II 

Ap. 

M. Gluinctilius Varus 

M. Furius Fusus. 

L. Julius Julus. 

L. Valerius Potitus III. 
Censores. Lustr. XVI. 

M. Furius Camillus. 

M. Postumius Albinus Regillensis. 
402 352 Trib. Mil. 

C. Servilius (Structus) Ahala III. 

CI. Servilius (Priscus) Fidenas. 

L. Virginius Tricostus Esquilinus. 

d. Sulpicius Camerinus Cornutus. 

A. Manlius Vulso Capitolinus II. 

M'. Sergius Fidenas II. 
401 353 Trib. Mil. 

M. Furius Camillus. 

Cn. Cornelius Cossus III. 

L. Valerius Potitus IV. 

L. Julius Julus. 

M'. iEmilius Mamercinus III. 

K. Fabius Ambustus II. 
400 354 Trib. Mil. 

P. Manlius Vulso. 

P. Licinius Calvus Esquilinus. 

L. Titinius Pansa Saccus. 

P. Maelius Capitolinus. 

Sp. Furius Medullinus. 

L. Publilius Philo Vulscus. 
399 355 Trib. Mil. 

Cn. Genucius Augurinus. 

L. Atilius Priscus. 

M. Pomponius Rufus. 

C. Duilius Longus. 

M. Veturius Crassus Cicurinus. 

Voler. Publilius Philo. 
398 356 Trib. Mil. 

L. Valerius Potitus V. 

M. Valerius Lactucinus Maximus. 

M. Furius Camillus II. 

L. Furius Medullinus III. 

CI. Servilius (Priscus) Fidenas II. 

CI. Sulpicius Camerinus Cornutus II 
397 357 Trib. Mil. 

L. Julius Julus II. 

L. Furius Medullinus IV. 

A. Postumius Albinus Regillensis. 

L. Sergius Fidenas. 

P. Cornelius Maluginensis. 

A. Manlius Vulso Capitolinus III. 
396 358 Trib. Mil. 

L. Titinius Pansa Saccus II. 

P. Licinius Calvus Esquilinus II. 

P. Maelius Capitolinus II. 

CI. Manlius Vulso. 

Cn. Genucius Augurinus II. Occ. 

L. Atilius Priscus II. 
Diet, rei ger. c. 

M. Furius Camillus. 
Mag. Eq. 

P. Cornelius Maluginensis. 
395 359 Trib. Mil. 

P. Cornelius Maluginensis Cossu?. 

P. Cornelius Scipiu. 

K. Fabius Ambustus III. 

L. Furius Medullinus V. 

CI. Servilius (Priscus) Fidenas III. 

M. Valerius Lactucinus Maximus IJ 
394 360 Trib. Mil. 

M. Furius Camillus III. 

L. Furius Medullinus VI. 

C. iEmilius Mamercinus. 

L. Valerius Foplicola. 

Sp. Postumius Albinus Regillensis 

P. Cornelius II. 

393 301 L. Valerius Potitus. Aid. 

1077 



FASTI CONSULARES 



FASTI CONSULARES. 



A. C A. V. 



P. Cornelius Maluginensis Cossus. Abel. 



L. Lucretius Flavus (Tricipitinus). 
Ser. Sulpicius Camerinus. 

Censores. 
L. Papirius Cursor. 
C. Julius Julus. Mort. e. 



a. c. a. u. 



383 371 



M. Cornelius Maluginensis. 
392 362 L. Valerius Potitus. 

M. Manlius Capitolinus. 
391 363 Trib. Mil. 

L. Lucretius (Flavus) Tricipitinus. 

Ser. Sulpicius Camerinus. 

L. Furius Medullinus VII. 

L. iEmilius Mamercinus. 

Agripp. Furius Fusus. 

C. iEmilius Mamercinus II. 
390 364 Trib. Mil. 

Gt. Sulpicius Longus. 

Gt. Servilius (Priscus) Fidenas IV. 

P. Cornelius Maluginensis II. 

CI. Fabius Ambustus. 

K. Fabius Ambustus IV. 

N. Fabius Ambustus II. 
Did. rei ger. c. 

M. Furius Camillus II. 
Mag. Eq. 

L. Valerius Potitus. 
?89 365 Trib. Mil. 

L. Virginius Tricostus. 

A. Manlius Capitolinus. 

L. iEmilius Mamercinus II. 

L. Postumius Regillensis Albinus. 

L. Valerius Poplicola II. 

P. Cornelius 

Did. rei ger. c. 

M. Furius Camillus III. 
Mag. Eq. 

C. Servilius Ahala. 
388 366 Trib. Mil. 

T. Gtuinctius Cincinnatus Capitolinus. 

Gt. Servilius (Priscus) Fidenas V. 

L. Julius Julus. 

L. Aquilius Corvus. 

L. Lucretius (Flavus) Tricipitinus II 

Ser. Sulpicius Rufus. 
387 367 Trib. Mil. 

L. Papirius Cursor. 

C. Sergius Fidenas. 

L. iEmilius Mamercinus HI. 

L. Menenius Lanatus. 

L. Valerius Poplicola III. 

C. Cornelius 

386 368 Trib. Mil. 

Ser. Cornelius Maluginensis. 

Gt. Servilius (Priscus) Fidenas VI. 

M. Furius Camillus IV. 

L. Gtuinctius Cincinnatus. 

L. Horatius Pulvillus. 

P. Valerius Potitus Poplicola. 
385 369 Trib. Mil. 

A. Manlius Capitolinus II. 

P. Cornelius II. 

T. Gtuinctius Capitolinus. 

L. Gtuinctius Cincinnatus II. 

L. Papirius Cursor II. 

C. Sergius Fidenas II. 
Did. sedit. sed. c. 

A. Cornelius Cossus. 
Mag. Eq. 

T. Gtuinctius Capitolinus. 
384 370 Trib. Mil. 

Ser. Sulpicius Rufus II. 

C. Papirius Crassus. 

T. Gtuinctius Cincinnatus Capitolinus II. 

M. Furius Camillus V. 

Ser. Cornelius Maluginensis II 
1078 



382 372 



381 373 



380 374 



379 375 



378 376 



377 377 



376 378 



375 379 
371 383 

370 384 



P. Valerius Potitus Poplicola II. 

Trib. Mil. 
L. Valerius Poplicola IV. 
A. Manlius Capitolinus III. 
Ser. Sulpicius Rufus III. 
L. Lucretius (Flavus) Tricipitinus 111 
L. iEmilius Mamercinus IV. 
M. Trebonius. 

Trib. Mil. 
Gt. Servilius (Priscus) Fidenas. 
C. Sulpicius Camerinus. 
L. iEmilius Mamercinus V. 
Sp. Papirius Crassus. 
L. Papirius Crassus. 
Ser. Cornelius Maluginensis III. 

Trib. Mil. 
M. Furius Camillus VI. 
L. Furius Medullinus. 
A. Postumius Regillensis Albinus. 
L. Lucretius (Flavus) Tricipitinus IV 
M. Fabius Ambustus. 
L. Postumius Regillensis Albinus II. 
L. Valerius Poplicola V. 
P. Valerius Potitus Poplicola IIT 
C. Sergius Fidenas III. 
C. Terentius. 

L. iEmilius Mamercinus VI. 
L. Menenius Lanatus II. 
Sp. Papirius Cursor. 
Ser. Cornelius Maluginensis IV. 

Censores. 
C. Sulpicius Camerinus. Abd. 
Sp. Postumius Regillensis Albinus. Mart , 

Did. rei ger. c. 
T. Gtuinctius Cincinnatus Capitolinus 

Mag. Eq. 
A. Sempronius Atratinus. 

Trib. Mil. 
P. Manlius Capitolinus. 
C. Manlius Capitolinus. 
L. Julius Julus II. 
C. Erenucius. 
M. Albinius. 
C. Sextilius. 
L. Antistius. 
P. Trebonius. 

Trib. Mil. 
Gt. Servilius (Priscus) Fidenas 1 i. 
Sp. Furius Medullinus. 
L. Menenius Lanatus III. 
P. Clcelius Siculus. 
M. Horatius Pulvillus. 
L. Geganius Macerinus. 

Censores. 
Sp. Servilius Priscus. 
Gt. Clcelius Siculus. 

Trib. Mil. 
L. iEmilius Mamercinus VII. 
C. Veturius Crassus Cicurinus 
Ser. Sulpicius Prsetextatus. 
L. Gtuinctius Cincinnatus III. 
C. Gtuinctius Cincinnatus. 
P. Valerius Potitus Poplicola IV. 

Trib. Mil. 
L. Menenius Lanatus IV. 
L. Papirius Crassus II. 
Ser. Cornelius Maluginensis V. 
Ser. Sulpicius Prsetextatus II. 
C. Licinius Calvus. 

% " Licinius Sextiusque, tribuni plebis re- 
> fecti, nullos curules magistratus creari 
' passi sunt." (Liv., vi., 35.) 

Trib. Mil. 
L. Furius Medullinus II. 
A. Manlius Capitolinus IV. 
C. Valerius Potitus. 
P. Valerius Potitus Poplicola V. 
Ser. Sulpicius Prsetextatus IIT. 



FASTI CONSULARES. 



FASTI CONSULARES. 



A. C A U 

Ser. Cornelius Maluginensis VI. 
369 385 Trib. Mil. 

&. Servilius (Priscus) Fidenas III, 
C. Veturius Crassus Cicurinus II. 
A. Cornelius Cossus. 
M. Cornelius Maluginensis. 
&. Cluinctius Cincinnatus. 
M. Fabius Ambus tus II. 
368 38G Trib. Mil. 

T. Cluinctius Cincinnatus Capitolinus. 

Ser. Cornelius Maluginensis VII. 

Ser. Sulpicius Praetextatus IV. 

Sp. Servilius Structus. 

L Papirius Crassus. 

L. Veturius Crassus Cicurinus. 

Diet, rei ger. c. 
M. Furius Camillus IV. 

Mag. Eq. 
L. iEmilius Mamercinus. 

Diet, sedit. sed. et rei ger. c. 
P. Manlius CapitoHnus. 

Mag. Eq. 
C. Licinius Calvus. 
367 387 Trib. Mil. 

A. Cornelius Cossus II. 

M. Cornelius Maluginensis II. 

M. Ceganius Macerinus. 

L. Veturius Crassus Cicurinus II. 

P. Valerius Potitus Poplicola VI. 

P. Manlius CapitoHnus II. 

Diet, rei ger. c. 
M. Furius Camillus V. 

Mag. Eq. 
T. Cluinctius Cincinnatus Capitolinus. 
j66 388 L. jEmilius Mamercinus. 

L. Sextius Sextinus Lateranus. 

Censores. 
A. Postumius Regillensis Albinus. 
C. Sulpicius Peticus. 
365 389 L. Genucius Aventinensis. 

CI. Servilius Ahala. 
364 390 C. Sulpicius Peticus. 

C. Licinius Calvus Stolo. 
363 391 Cn. Genucius Aventinensis. 
L. iEmilius Mamercinus II. 

Diet, clavifig. c. 
L. Manlius Capitolinus Imperiosus. 

Mag. Eq. 
L. Pinarius Natta. 

Censores. Lustr. XX. 
M. Fabius Ambustus. 
L. Furius Medullinus. 
363 392 a. Servilius Ahala II. 

L. Genucius Aventinensis II. 

Diet, rei ger. c. 
Ap. Claudius Crassinus Regillensis. 

Mag. Eq. 
P. Cornelius Scapula. 
161 393 C. Sulpicius Peticus II. 

C. Licinius Calvus Stolo II. 

Diet, rei ger. c. 
T. Cluinctius Pennus Capitolinus Crispi- 

nus. 

Mag. Eq. 
Ser. Cornelius Maluginensis. 
360 394 C. Pcetelius Libo Visolus. 
M. Fabius Ambustus. 

Diet, rei ger. c. 
CI. Servilius Ahala. 

Mag. Eq. 
T. Cluinctius Pennus Capitolinus Crispi- 

nus. 
359 395 M. Popilius Laenas. 

Cn. Manlius Capitolinus Imperiosus. 
358 396 C. Fabius Ambustus. 
C. Plautius Proculus. 

Diet, rei ger. c. 
C Sulpicius Peticus. 



a. c. a. v. 

Mag. Eq. 
M. Valerius Poplicola. 
357 397 C. Marcius Rutilus. 

Cn. Manlius Capitolinus Imperiosus ll. 
356 398 M. Fabius Ambustus II. 
. M. Popilius Laenas II. 
Diet, rei ger. c. 
C. Marcius Rutilus. 

Mag. Eq. 
C. Plautius Proculus. 
5 399 C. Sulpicius Peticus III. 
M. Valerius Poplicola. 
M. Fabius Ambustus III. 
T. Cluinctius Pennus Capitolinus Crisp* 



or.x 



354 400 
353 401 






C. Sulpicius Peticus IV. 
M. Valerius Poplicola II. 

Diet, rei ger. c. 
T. Manlius Imperiosus Torquatus. 

Mag. Eq. 
A. Cornelius Cossus Arvina. 
352 402 P. Valerius Poplicola. 
C. Marcius Rutilus II. 

Diet, rei ger. c. 
C. Julius Julus. 

Mag. Eq. 
L. jEmilius Mamercinus. 
351 403 C. Sulpicius Peticus V. 

T. Cluinctius Pennus Capitolinus Crispi- 

nus II. 

Diet, comit. habend. c. 
M. Fabius Ambustus. 

Mag. Eq. 
Gl. Servilius Ahala. 

Censores. 
Cn. Manlius Capitolinus Imperiosus. 
C. Marcius Rutilus. 
350 404 M. Popilius Lsenas III. 
L. Cornelius Scipio. 

Diet, comit. habend. c. 
L. Furius Camillus. 

Mag. Eq. 
P. Cornelius Scipio. 
349 405 L. Furius Camillus. 

Appius Claudius Crassinus Regillensi? 

Mart. e. 

Diet, comit. habend. c. 
T. Manlius Imperiosus Torquatus II. 

Mag. Eq. 
A. Cornelius Cossus Arvina II. 
348 406 M. Valerius Corvus. 

M. Popilius Laenas IV. 

Diet, comit. habend. c. 
C. Claudius Crassinus Regillensis, 

Mag. Eq. 
C. Livius Denter. 
347 407 T. Manlius Imperiosus Torquatus. 

C. Plautius Venno Hypsaeus. 
346 408 M. Valerius Corvus II. 

C. Pcetelius Libo Visolus. 
345 409 M. Fabius Dorso. 

Ser. Sulpicius Camerinus Rufus. 

Diet, rei ger. c. 
L. Furius Camillus II. 

Mag. Eq. 
Cn. Manlius Capitolinus Imperiosus. 
344 410 C. Marcius Rutilus III. 

T. Manlius Imperiosus Torquatus II 

Diet, feriar. Latin, c. 
P. Valerius Poplicola. 

Mag. Eq. 
CI. Fabius Ambustus. 

Bellum SaMNITICUM: 

343 411 M. Valerius Corvus III. 

A. Cornelius Cossus Arvina 
342 412 C. Marcius Rutilus IV. 

&. Servilius Ahala. 

1079 



FASTI CONSULARES. 



FASTI CONSULARES. 



A G A U 

Did. rei ger. c. 
M. Valerius Corvus. 

Mag. Eq. 
L. iEmilius Mamercinus Privemas. 
341 413 C. Plautius Venno Hypsaeus II. 

L. iEmilius Mamercinus Privemas. 
340 414 T. Manlius Imperiosus Torquatus III. 
P. Decius Mus. 
Diet, rei ger. c. 
L. Papirius Crassus. 

Mag. Eq. 
L. Papirius Cursor. 
339 415 Ti. iEmilius Mamercinus. 
a. Publilius Philo. 

Did. rei ger. c. 
a. Publilius Philo. 

Mag. Eq. 
D. Junius Brutus Scaeva. 
338 416 L. Furius Camillus. 

C. Maenius. 
337 417 C. Sulpicius Longus. 
P. ^Elius Paetus. 
Did. rei ger. c. 
C. Claudius Cvassinus Regillensis. 

Mag. Eq. 
C. Claudius Hortator. 
336 418 L. Papirius Crassus. 

K. Duilius. 
335 419 M. Valerius Corvus (Calenus) IV. 



M. 



Atilius Regulus. 



334 420 



333 421 
**32 422 



,>31 423 



^30 424 
329 425 

328 426 
327 427 



326 428 
325 429 



Did. camit. habend. c. 
L. iEmilius Mamercinus Privernas. 

Mag. Eq. 
Q. Publilius Philo. 
T. Veturius Calvinus. 
Sp. Postumius Albinus (Caudinus). 

Did. rei ger. c. 
P. Cornelius Rufinus. 

Mag. Eq. 
M. Antonius. 
(L. Papirius Cursor. 
C. Poetelius Libo Visolus II.) 
A. Cornelius Cossus Arvina II. 
Cn. Domitius Calvinus. 

Did. rei ger. c. 
M. Papirius Crassus. 

Mag. Eq. 
P. Valerius Poplicola. 

Censores. Lustr. XXIII. 
a. Publilius Philo. 
Sp. Postumius Albinus. 
M. Claudius Marcellus. 
C. Valerius Potitus Flaccus. 

Did. clavi. figendi c. 
Cn. Gtuinctilius Varus. 

Mag. Eq. 
L. Valerius Potitus. 
L. Papirius Crassus II. 
L. Plautius Venno. 

L. iEmilius Mamercinus Privemas II. 
C. Plautius Decianus. 
C. Plautius Decianus (Venox) II. 
P. Cornelius Scipio Barbatus. 
L. Cornelius Lentulus. 
a. Publilius Philo II. 

Did. comit. habend. c. 
M. Claudius Marcellus. 

Mag. Eq. 
Sp. Postumius Albinus. 

C. Poetelius Libo Visolus III. 

L. Papirius Mugillanus (Cursor II.). 
L. Furius Camillus II. 

D. Junius Brutus Scaeva. 
Did. rei ger. c. 

L. Papirius Cursor. 

Mag. Eq. 
Ct. Fabius Maximus Rullianus. Abd 



a., c. a. u. 

L. Papirius Crassus. 
324 430 Dictator et Magister Equitum sme codsm 

libus magistratum continuarun*:. 
323 431 C. Sulpicius Longus II. 

d. Aulius Cerretanus. 
322 432 Q. Fabius Maximus Rullianus. 
L. Fulvius Curvus. 

Did. ludor. Roman, c. 
A. Cornelius Cossus Arvina. 

Mag. Eq. 
M. Fabius Ambustus. 
321 433 T. Veturius Calvinus II. 
Sp. Postumius Albinus II. 

Did. comit. habend. c. 
Qi. Fabius Ambustus. 

Mag. Eq. 
P. jEHus Paetus. 

Did. comit. habend. c. 
M. iEmilius Papus. 

Mag. Eq. 
L. Valerius Flaccus. 
320 434 a. Publilius Philo III. 

L. Papirius Cursor II. (111.) 

Did c. 

C. Maenius. 
Mag. Eq. 
M. Foslius Flaccinator. 

Did. rei ger. c. 
L. Cornelius Lentulus. 

Mag. Eq. 
L. Papirius Cursor II. 

Did. rei ger. c. 
T. Manlius Imperiosus Torquaras. 

Mag. Eq. 
L. Papirius Crassus. 
319 435 L. Papirius Cursor III. (Mugillanus J 
&. Aulius Cerretanus II. 
Censores. 



C. Sulpicius Longus. Abd. 
318 436 M. Foslius Flaccinator. 
L. Plautius Venno. 

Censores. Lustr. XXV. 
L. Papirius Crassus. 
C. Maenius. 
317 437 C. Junius Bubulcus Brutus. 

Gt. iEmilius Barbula. 
316 438 Sp. Nautius Rutilus. 
M. Popilius Laenas. 

Did. rei ger. c. 
L. iEmilius Mamercinus Priverna H 

Mag. Eq. 
L. Fulvius Curvus. 
315 439 a. Publilius Philo IV. 
L. Papirius Cursor IV. 

Did. rei ger. c. 
Q,. Fabius Maximus Rullianus. 

Mag. Eq. 
Q,. Aulius Cerretanus. Occis. e. 



C. Fabius Ambustus. 
314 440 M. Poetelius Libo. 

C. Sulpicius Longus III. 

Did. rei ger. c. 
C. Maenius II. 

Mag. Eq. 
M. Foslius Flaccinator II. 
313 441 L. Papirius Cursor V. 

C. Junius Bubulcus Brutus II, 

Did. rei ger. c. 
C. Poetelius Libo Visolus. 

Mag. Eq. 
M. Poetelius Libo. 
312 442 M. Valerius Maximus. 
P. Decius Mus. 
Did. rei ger. c. 
C. Sulpicius Longus. 



1080 



FASTI CONSULARES 



FASTI CONSULARES. 



*. C A.. U. 



311 443 
310 444 
309 445 



Mag. Eq. 
C. Junius Bubulcus Brutus. 

Censores. Lustr. XXVI. 
Ap. Claudius Caecus 
C. Plautius (Venox). 
C. Junius Bubulcus Brutus III. 
d. iEmilius Barbula II. 
&. Fabius Maximus Rullianus II. 
C. Marcius Rutilus (Censorinus). 

Diet, rei ger. c. 



L. Fapirius Cursor II. 

Mag. Eq. 
C. Junius Bubulcus Brutus II. 
(Hoc anno Diet, et Mag. Eq. sine coss.) 
308 446 d. Fabius Maximus Rullianus III. 

P. Decius Mus II. 
307 447 Ap. Claudius Caecus. 

L. Volumnius Flamma Violens. 

Censores. Lustr. XXVII. 
M. Valerius Maximus. 
C. Junius Bubulcus Brutus. 
306 448 P. Cornelius Arvina. 
Gl. Marcius Tremulus. 
Diet, comit. habend. e. 
P. Cornelius Scipio Barbatus. 

Mag. Eq. 
P. Decius Mus. 
.305 449 L. Postumius Megellus. 



Ti. Minucius Augurinus. 



Occis. e. 



304 450 



303 451 
302 452 



301 453 



300 454 
299 455 



M. Fulvius Curvus Paetinus. 
P. Sulpicius Saverrio. 
P. Sempronius Sophus. 

Censores. Lustr. XXVIII. 
&. Fabius Maximus Rullianus. 
P. Decius Mus. 
L. Genucius Aventinensis. 
Ser. Cornelius Lentulus (Rufinus). 
M. Livius Denter. 
M. iEmilius Paullus. 

Diet, rei ger. c. 
C. Junius Bubulcus Brutus. 

Mag. Eq. 
M. Titinius. 

Diet, rei ger. c. 
Gl. Fabius "Maximus Rullianus II. 

Mag. Eq. 
M. jEmilius Paullus. 

Diet, rei ger. c. 
M. Valerius Corvus II. 

Mag. Eq. 
C. Sempronius Sophus. 
(Hoc anno Diet, et Mag. Eq. sine coss.) 
M. Valerius Corvus V. 
Gl. Appuleius Pansa. 
M. Fulvius Paetinus. 
T. Manlius Torquatus. Moil. e. 



A. C. Jl. V. 

D. Junius Brutus Scaeva. 
291 403 L. Postumius Megellus III. 

C. Junius Brutus Bubulcus. 
290 464 P. Cornelius Rufinus. 

M'. Curius Dentatus. 
289 465 M. Valerius Maximus Corvini. 

&. Caedicius Noctua. 
Censores. Lustr. XXXI. 



288 466 a. Marcius Tremulus II. 

P. Cornelius Arvina II. 
287 467 M. Claudius Marcellus. 

C. Nautius Rutilus. 
286 468 M. Valerius Maximus Potitus. 
C. iElius Paetus. 

Diet, sedit. sed. c. 
d. Hortensius. 
Eq. 



Mag. 



285 469 C. Claudius Canina. 
M. iEmilius Lepidus. 

281 470 C. Servilius Tucca. 

L. Caecilius Metellus Denter. 
283 471 P. Cornelius Dolabella Maximus. 
Cn. Domitius Calvinus Maximus 
Censores. 

• ••••••• 

d. Caedicius Noctua. Abd. 

282 472 C. Fabricius Luscinus. 

d. iEmilius Papus. 
281 473 L. ./Emilius Barbula. 

d. Marcius Philippus. 
280 474 P. Valerius Lsevinus. 
Ti. Coruncanius. 

Diet, comit. liabend. c. 
Cn. Domitius Calvinus Maximus. 
Mag. Eq. 



Censores. Lustr. XXXII. 



998 456 
297 457 
296 458 
295 459 
294 460 



293 461 
292 462 



M. Valerius Corvus VI. 

Censores. Lustr. XXIX. 
P. Sempronius Sophus. 
P. Sulpicius Saverrio. 
L. Cornelius Scipio. 
Cn. Fulvius Maximus Centumalus. 
d. Fabius Maximus Rullianus IV. 
P. Decius Mus IV. 
L. Volumnius Flamma Violens II. 
Ap. Claudius Caecus II. 
d. Fabius Maximus Rullianus V. 
P. Decius Mus IV. 
L. Postumius Megellus II. 
M. Atilius Regulus. 

Censores. Lustr. XXX. 
P. Cornelius Arvina. 
C. Marcius Rutilus (Censorinus). 
L. Papirius Cursor. 
Sp. Carvilius Maximus. 
d. Fabius Maximus Gurges. 
6 X 



Cn. Domitius Calvinus Maximus. 
279 475 P. Sulpicius Saverrio. 

P. Decius Mus. Occis. e. 

C. Fabricius Luscinus II. 

d. iEmilius Papus II. 

P. Cornelius Rufinus II. 

C. Junius Brutus Bubulcus II. 

d. Fabius Maximus Gurges II. 

C. Genucius Clepsina. 

Diet c. 

P. Cornelius Rufinus. 

Mag. Eq. 



278 476 

277 477 
276 478 



275 479 M'. Curius Dentatus II. 

L. Cornelius Lentulus. 
Censores. Lustr. XXXIII. 

C. Fabricius Luscinus. 

d. iEmilius Papus. 
274 480 M\ Curius Dentatus III. 

Ser. Cornelius Merenda. 
273 481 C. Claudius Canina II. 

C. Fabius Dorso Licinus. Mart. e. 



C. Fabricius Luscinus III. 
272 482 L. Papirius Cursor II. 

Sp. Carvilius Maximus II. 
Censores. Lustr. XXXIV. 

M'. Curius Dentatus. 

L. Papirius Cursor. 
271 483 C. duinctius Claudus. 

L. Genucius Clepsina. 
270 484 C. Genucius Clepsina II. 

Cn. Cornelius Blasio. 
269 485 d. Ogulnius Gallus. 

C. Fabius Pictor. 
268 486 Ap. Claudius Crassus Rufus. 

P. Sempronius Sophus. 



IIW. 






FASTI CONSULARES. 



FASTI CONSULARES. 



A. C .1. V. 

267 487 M, Atilius Regulus. 

L. Julius Libo. 
M6 488 N. Fabius Pictor. 

D. Junius Pera. 
265 489 Gt. Fabius Maximus Gurges III. 

L. Mamilius Vitulus. 
Censores. Lustr. XXXV. 

Cn. Cornelius Blasio. 

C. Marcius Rutilus II. (Censorinus.) 



Oi 



'64 490 



263 491 



262 492 
961 493 
260 494 
259 495 

258 496 



257 497 



256 498 

255 499 
254 500 
253 501 



Bellum Punicum I. 
Ap. Claudius Caudex. 
M. Fulvius Flaccus. 
M'. Valerius Maximus (Messala). 
M\ Otaeilius Crassus. 

Diet, clavifig. c. 
Cn. Fulvius Maximus Centumalus. 

Mag. Eq. 
Gt. Marcius Philippus. 
L. Postumius (Megellus). 
Gt. Mamilius Vitulus. 
L. Valerius Flaccus. 
T. Otaeilius Crassus. 
Cn. Cornelius Scipio Asina 
C. Duilius. 
L. Cornelius Scipio. 
C. Aquilius Floras. 
A. Atilius Calatinus. 
C. Sulpicius Paterculus, 

Censores. Lustr. XXXVI. 
C. Duilius. 
L. Cornelius Scipio. 
C. Atilius Regulus (Sen-amis', 
Cn. Cornelius Blasio II. 

Did. Latin, fer. c. 
Gt. Ogulnius Gallus. 

Mag. Eq. 
M. Laetorius Plancianus. 
L. Manlius Vulso Longus. 
Gt. Caedicius. Mort. e. 



Mort, 



^52 502 



251 503 
250 504 
249 505 



M. Atilius Regulus II. 

Ser. Fulvius Peetinus Nobilior 

M, iEmilius Paullus. 

Cn. Cornelius Scipio Asina II. 

A. Atilius Calatinus II. 

Cn. Servilius Caepio. 

C. Sempronius Blsesus. 
Censores. 

D. Junius Pera. Abd. 
L. Postumius Megellus. 
C. Aurelius Cotta. 
P. Servilius Geminus. 

Censores. Lustr. XXXVII. 
M'. Valerius Maximus Messala, 
P. Sempronius Sophus. 
L. Csecilius Metellus. 
C. Furius Pacilus. 
C. Atilius Regulus (Serranus) D 
L. Manlius Vulso (Longus) II. 
P. Claudius Pulcher. 
L. Junius Pullus. 

Did. rei ger c. 
M. Claudius Glicia. Abd. 



248 506 C 

P 

247 507 



A. Atilius Calatinus. 

Mag. Eq. 
L. Csecilius Metellus. 

Aurelius Cotta II. 

Servilius Geminus II. 

Caecilius Metellus II. 

Fabius Buteo. 

Censores. Lustr. XXXVIII. 
A. Atilius Calatinus. 
A. Manlius Torquatus Atticus. 
246 508 M'. Otaeilius Crassus II. 
M. Fabius Licinus. 
1082 



L. 

N. 



A. C. X V 



245 
244 
243 
242 
241 



509 
510 
511 



240 
239 
238 

237 
236 



235 
234 



Did. comit. hab. c. 
Ti. Coruncanius. 

Mag. Eq. 
M. Fulvius Flaccus. 
M. Fabius Buteo. 
C. Atilius Bulbus. 
A. Manlius Torquatus Atticus. 
C. Sempronius Blsesus II. 
C. Fundanius Fundulus. 
C. Sulpicius Gallus. 

512 C. Lutatius Catulus. 
A. Postumius Albinus. 

513 A. Manlius Torquatus Atticue I 
d. Lutatius Cerco. 

Censores. Lustr. XXXIX. 
C. Aurelius Cotta. 
M. Fabius Buteo. 

514 C. Claudius Centho. 

M, Sempronius Tuditanus. 

515 C. Mamilius Turrinus. 
CI. Valerius Falto. 
Ti. Sempronius Graec'ui*? 
P. Valerius Falto. 
L. Cornelius Lentulus C&adinus. 
CI. Fulvius Flaccus, 
P. Cornelius Lentufc.s Caudinus. 
C. Licinius Varuo. 

Censores. 
L. Cornelius Lentulus Caudinus. 
Lutatius Cerco. Mort. e. 
Manlius Torquatus. 
Atilius Bulbus II. 
Posttimiiis Albinus. 
CarviKus Maximus. 



016 



517 

518 



519 
520 



a. 

T. 
C. 
L. 

Sp. 



XL. 



233 

232 



521 



Censores. Lustr. 
C, Atilius Bulbus. 
A, Postumius Albinus. 
CI. Fabius Maximus Verrucosus. 
M\ Pomponius Matho. 
522 M. iEmilius Lepidus. 
M. Publicius Malleolus. 
2*1 523 M\ Pomponius Matho. 
C. Papirius Maso. 

Did. comit. hab. c. 
C. Duilius. * 

Mag. Eq. 
C. Aurelius Cotta 

Censores. 
T. Manlius Torquatus. Abd. 
Gt. Fulvius Flaccus. Abd. 
524 M. iEmilius Barbula. 
M. Junius Pera. 

Censores. Lustr. XLI. 
&. Fabius Maximus Verrucosus. 
M. Sempronius Tuditanus. 
L. Postumius Albinus II. 
Cn. Fulvius Centumalus. 
Sp. Carvilius Maximus II. 
Gt. Fabius Maximus Verrucosus II 
P. Valerius Flaccus. 
Atilius Regulus. 
Valerius Messala. 
L. Apustius Fullo. 



230 



229 
228 
227 
228 



525 

526 

527 
M. 

528 M. 



Bellum Gallicum Cisalpinum 
225 529 L. iEmilius Papus. 
C. Atilius Regulus. 

Censores. Lustr. XLII. 
C. Claudius Centho. 
M. Junius Pera. 
224 530 T. Manlius Torquatus IT. 
CI. Fulvius Flaccus II. 

Did. comit. hab. c. 
L. Cascilius Metellus. 

Mag. Eq. 
N. Fabius Buteo. 
223 531 C. Flaminius. 

P. Furius Philus. 



FASTI CONSULARES. 



j^ASTI CONSULARES. 



4 c. a ■; 

222 532 Cn. Cornelius Scipio Calvus. 

M. Claudius Marcellus. 
221 533 P. Cornelius Scipio Asina. 

M. Minucius Rums. 
Diet, comit. hab. c. 

&. Fabius Maximus Verrucosus, 
Mag. Eq. 

C. Flaminius. 
220 534 L. Veturius Philo. 

C. Lutatius Catulus. 
Censores. Luslr. XLIII. 

L. iEmilius Papus. 

C. Flaminius. 
219 535 M. Livius Salinator. 

L. iEmilius Paullus. 

Bellum Punicum II. 
218 536 P. Cornelius Scipio. 

Ti. Sempronius Longus. 
217 537 Cn. Servilius Geminus. 

C. Flaminius II. Occis. e. 



M. Atilius Regulus II. 

Diet, interregni c. 
Gl. Fabius Maximus Verrucosus II. 

Mag. Eq. 
M. Minucius Rufus. 

Did. comit. hab. c. 
L. Veturius Philo. 

Mag. Eq. 
M. Pomponius Matho. 
2:6 538 C. Terentius Varro. 

L. iEmilius Paullus II. 

Diet, rei gerund, c. 
M. Junius Pera. 

Mag. Eq. 
Ti. Sempronius Gracchus. 

Diet, sine Mag. Eq. Senat. leg. c. 
M. Fabius Buteo. 
215 539 Ti. Sempronius Gracchus. 

L. Postumius Albinus III. Occis. e. 



M. Claudius Marcellus II. Abd. 



Gl. Fabius Maximus Verrucosus III. 
214 540 &. Fabius Maximus Verrucosus IV. 
M. Claudius Marcellus III. 

Censores. 
M. Atilius Regulus. Abd. 
P. Furius Philus. Mort. e. 
213 541 a. Fabius Maximus. 

Ti. Sempronius Gracchus II. 

Diet, comit. hab. c. 
C. Claudius Centho. 

Mag. Eq. 
&. Fulvius Flaccus. 
CI. Fulvius Flaccus III. 
Ap. Claudius Pulcher. 
Cn. Fulvius Centumalus. 
P. Sulpicius Galba Maximus. 
M. Claudius Marcellus IV. 
M. Valerius Laevinus. 

Diet, comit. hab. c. 
Gl. Fulvius Flaccus. 

Mag. Eq. 
P. Licinius Crassus Dives. 

Censores. 
L. Veturius Philo. Mort. e. 
P. Licinius Crassus Dives. Abd. 
209 545 a. Fulvius Flaccus IV. 

&. Fabius Maximus Verrucosus V. 

Censores. Lvstr. XLIV. 
M. Cornelius Cethegus. 
P. Sempronius Tuditanus. 
208 516 M. Claudius Marcellus V. Occis. e. 
T. Gluinctius (Pennus Capitolinus > 

pinus. M»H. e. 



212 542 
211 543 
210 544 



;ns- 



A. c. A. u 

Did. comit. hab. et ludor. magn : 
T. Manlius Torquatus. 

Mag. Eq. 
C. Servilius. 
207 547 C. Claudius Nero. 

M. Livius Salinator II. 

Did. comit. hab. caussa. 
M. Livius Salinator. 

Mag. Eq. 
d. Caecilius Metellus. 
206 548 L. Veturius Philo. 

&. Caecilius Metellus. 
205 549 P. Cornelius Scipio (Africanus), 
P. Licinius Crassus Dives. 

Diet, comit. habend. c. 
Q.. Caecilius Metellus. 

Mag. Eq. 
L. Veturius Philo. 
204 550 M. Cornelius Cethegus. 

P. Sempronius Tuditanus. 
Censores. Luslr. XLV. 
M. Livius Salinator. 
C. Claudius Nero. 
203 551 Cn. Servilius Caepio. 
C. Servilius. 

Did. comit. hab. c. 
P. Sulpicius Galba Maximus. 

Mag. Eq. 
M. Servilius Pulex Geminus. 
202 552 M. Servilius Pulex Geminus. 
Ti. Claudius Nero. 
Did. comit. hab. c. 
C. Servilius. 
Mag. Eq. 
P. ^Elius Paetus. 
201 553 Cn. Cornelius Lentulus. 
P. iElius Paetus. 

Bellum Philippicum. 
200 554 P. Sulpicius Galba Maximus II 

C. Aurelius Cotta. 
199 555 L. Cornelius Lentulus. 

P. Villius Tappulus. 
Censores. Lvstr. XL VI. 

P. Cornelius Scipio Africanus., 

P. iElius Paetus. 
198 556 Sex. JElius Paetus Catus. 

T. Gluinctius Flamininus. 
197 557 C. Cornelius Cethegus. 

GL. Minucius Rufus. 
196 558 L. Furius Purpureo. 

M. Claudius Marcellus. 
195 559 L. Valerius Flaccus. 

M. Porcius Cato. 
194 560 P. Cornelius Scipio Africanus II 

Ti. Sempronius Longus. 
Censores. Luslr. XLVII. 

Sex. iElius Paetus Catus. 

C. Cornelius Cethegus. 



193 561 L. 


Cornelius Merula. 


a. 


Minucius Thermus. 


192 562 L. 


Gluinctius Flamininus. 


Cr 


i. Domitius Ahenobarbus. 




Bellum Antiochinum. 


191 563 P. 


Cornelius Scipio Nasica. 


M 


. Acilius Glabrio. 


190 564 L. 


Cornelius Scipio (Asiaticus) 


C. 


Laelius. 


189 565 M 


Fulvius Nobilior. 


Cn 


. Manlius Vulso. 




Censores. Luslr. XLVII I. 


T. 


Gluinctius Flamininus. 


M 


Claudius Marcellus. 


188 566 M 


Valerius Messala. 


C. 


Livius Salinator. 


187 567 M 


iEmilius Lepidus. 


C. 


Flaminius. 



10S3 



r ASTI CONSULARES 



FASTI CONSULARES. 



A. 



A. U 



186 568 Sp. Postumius Albinus. 

Gt Marcius Philippus. 
185 509 Ap. Claudius Pulchei 

M. Sempronius Tuditanus. 
1R4 570 P. Claudius Pulcher. 

L. Porcius Licinus. 

Censores. Lustr. XLIX. 

L. Valerius Flaccus. 

M. Porcius Cato. 
183 571 M. Claudius Marcellus. 

CI. Fabius Labeo. 
182 572 Cn. Baebius Tamphilus. 

L. iEmilius Paullus. 
181 573 P. Cornelius Cethegus. 

M. Baebius Tamphilus. 
*80 574 A. Postmnius Albinus. 

C. Calpurnius Piso. Mort. e. 



Gt Fuivius Flaccus. 
179 575 L. Manlius Acidinus Fulvianus. 

Gt Fuivius Flaccus. 
Censores. Lustr. L. 

L. iEmilius Lepidus. 

M. Fuivius Nobilior. 
178 576 M. Junius Brutus. 

A. Manlius Vulso. 
177 577 C. Claudius Pulcher. 

Ti. Sempronius Gracchus. 
• 76 578 Gt Petillius Spurinus. Occis. e. 

Cn. Cornel. Scipio Hispallus. Mort. 



C. Valerius Laevinus. 
175 579 P. Mucius Scaevola. 

M. iEmilius Lepidus II. 
174 580 Sp. Postumius Albinus Paullulus. 

Gt Mucius Scaevola. 
Censores. Lustr. LI. 

CI. Fuivius Flaccus. 

A. Postumius Albinus. 
173 581 L. Postumius Albinus. 

M. Popillius Laenas. 
172 582 C. Popillius Laenas. 

P. iElius Ligus. 



171 583 
J 70 584 
'60 585 



168 5S6 

167 587 

168 588 
165 589 
164 590 



163 591 
162 592 



Bellum Persicum. 
P. Licinius Crassus. 
C. Cassius Longinus. 
A. Hostilius Mancinus. 
A. Atilius Serranus. 
&. Marcius Philippus II. 
Cn. Servilius Caepio. 

Censores. Lustr. LII. 
C. Claudius Pulcher. 
Ti. Sempronius Gracchus. 
L. iEmilius Paullus II. 
C. Licinius Crassus. 
Gt iElius Paetus. 
M. Junius Pennus. 
M. Claudius Marcellus. 
C. Sulpicius Gallus. 
T. Manlius Torquatus. 
Cn. Octavius. 
A. Manlius Torquatus. 
Gt Cassius Longinus. Mort. e. 

Censores. Lustr. LI II. 
L. iEmilius Paullus. 
Gt Marcius Philippus. 
Ti. Sempronius Gracchus II. 
M'. Juventius Thalna. 
P. Cornelius Scipio Nasica. Abd. 
C. Marcius Figulus. Abd. 



P. Cornelius Lentulus. 

Cn. Domitius Ahenobarbus. 
161 593 M. Valerius Messala. 

C. Fannius Strabo. 
t60 594 L. Anicius Gallus. 

M. Cornelius Cethegus 
1084 



159 595 Cn. Cornelius Dolabella. 

M. Fuivius Nobilior. 
Censores. Lustr. LIV. 

P. Cornelius Scipio Nasica 

M. Popillius Laenas. 
158 596 M. iEmilius Lepidus. 

C. Popillius Laenas II. 
157 597 Sex. Julius Caesar. 

L. Aurelius Orestes. 
156 598 L. Cornelius Lentulus Lupus. 

C. Marcius Figulus II. 
155 599 P. Cornelius Scipio Nasica II. 

M. Claudius Marcellus II. 
154 600 a. Opimius. 

L. Postumius Albinus. Mort. e. 



M'. Acilius Glabrio. 

Censores. Lustr. LV. 
M. Valerius Messala. 
C. Cassius Longinus. 
153 601 a. Fuivius Nobilior. 
Annius Luscus. 
Claudius Marcellus III. 
Valerius Flaccus. Mort. e. 
Licinius Lucullus. 
A. Postumius Albinus. 
150 604 T. Gtuinctius Flamininus. 
Acilius Balbus. 



T. 
152 602 M 
L. 
L. 



151 603 



M' 



Bellum Punicum Tertium. 
149 605 L. Marcius Censorinus. 

M'. Manilius. 
148 606 Sp. Postumius Albinus Magnus- 

L. Calpurnius Piso Caesoninus. 
147 607 P. Cornelius Scipio Afric. iEmilianus. 

C. Livius Drusus. 
Censores. Lustr. LVI. 

L. Cornelius Lentulus Lupus. 

L. Marcius Censorinus. 
146 608 Cn. Cornelius Lentulus. 

L. Mummius Achaicus. 
145 609 Gt Fabius Maximus iEmilianus. 

L. Hostilius Mancinus. 
144 610 Ser. Sulpicius Galba. 

L. Aurelius Cotta. 
143 611 Ap. Claudius Pulcher. 

Gt. Caecilius Metellus Macedonicus. 
142 612 L- Caecilius Metellus Calvus. 

Gt Fabius Maximus Servilianus. 
Censores. Lustr. LVII. 

P. Cornelius Scipio Africanus (jEml.ia 
nus). 

L. Mummius Achaicus. 
141 613 Cn. Servilius Caepio. 

Gt Pompeius. 
140 614 C. Laelius Sapiens. 

Gt Servilius Caepio. 
139 615 Cn. Calpurnius Piso. 

M. Popillius Laenas. 
138 616 P. Cornelius Scipio Nasica Serapio. 

D. Junius Brutus (Callaicus). 
137 617 M. iEmilius Lepidus Porcina. 

C. Hostilius Mancinus. Abd. 
136 618 L. Furius Philus. 

Sex. Atilius Serranus. 
Censores. Lustr. LVIII. 

Ap. Claudius Pulcher. 

Gt. Fuivius Nobilior. 
135 619 Ser. Fuivius Flaccus. 

Gt. Calpurnius Piso. 
134 620 P. Cornelius Scipio Africanus jEmilia 
nus II. 

C. Fuivius Flaccus. 
133 621 P. Mucius Scaevola. 

L. Calpurnius Piso Frugi 
132 622 P. Popilius Laenas. 

P. Rupilius. 
131 623 P. Licinius Crassus Muciai us. 



FASTI CONSULARES. 



FASTI CONSULARES. 



A. * U. 



130 624 
129 625 
128 626 
127 627 
126 628 
125 629 



Cassius Longinus Ravilla. 



124 630 
123 631 
122 632 
121 633 
120 634 



119 635 
118 636 
117 637 
116 638 
115 639 



114 640 
113 641 
112 642 



L. Valerius Flaccus. 

Cinsorcs. Lustr. LIX. 
Gt. Caecilius Metellus Macedonicus. 
Gl. Pompeius Rufus. 
C. Claudius Pulcher Lentulus. 
M. Perperna. 
C. Sempronius Tuditanus. 
M'. Aquilius. 
Cn. Octavius. 
T. Annius Luscus Rufus. 
L. 

L. Cornelius Cinna. 
M. iEmilius Lepidus. 
L. Aurelius Orestes. 
M. Plautius Hypsaeus. 
M. Pulvius Flaccus. 

Censores. Lustr. LX. 
Cn. Servilius Caepio. 
L. Cassius Longinus Ravilla. 
C. Cassius Longinus. 
C. Sextius Calvinus. 
Gl. Caecilius Metellus (Balearicus). 
T. Gluinctius Flamininus. 
Cn. Domitius Ahenobarbus. 
C. Fannius Strabo. 
L. Opimius. 

Gl. Fabius Maximus (Allobrogicus) . 
P. Manilius. 
C. Papirius Carbo. 

Censores. Lustr. LXI. 
L. Calpurnius Piso Frugi. 
Gl. Caecilius Metellus Balearicus. 
L. Caecilius Metellus (Dalmaticus). 
L. Aurelius Cotta. 
M. Porcius Cato. Mort. e. 
Gl. Marcius Rex. 

P. Caeciliu? Metellus Diadematus, 
Gl. Mucius Scaevola. 
C. Licinius Geta. 
Gl. Fabius Maximus Eburnus. 
M. iEmilius Scaurus. 
M. Caecilius Metellus. 

Censores. Lustr. LXI I. 
L. Caecilius Metellus Dalmaticus. 
Cn. Domitius Ahenobarbus. 
M\ Acilius Balbus. 
C. Porcius Cato. 
C. Caecilius Metellus Caprarius. 
Cn. Papirius Carbo. 
M. Livius Drusus. 
L. Calpurnius Piso Caesoninus. 



Bellum Jugurthinum. 
Ill 643 P. Cornelius Scipio Nasica. Mort. c, 

L. Calpurnius Bestia. 
110 644 M. Minucius Rufus. 

Sp. Postumius Albinus. 
J 09 645 a. Caecilius Metellus (Numidicus). 

M. Junius Silanus. 
Censores. 

M. iEmilius Scaurus. Abd. 

M. Livius Drusus. Mcrt. e. 
108 646 Ser. Sulpicius Galba. 

L. Hortensius. Damn. e. 



107 647 
106 648 
105 619 
104 650 
10? 651 



M. Aurelius Scaurus. 

Censores. Lustr. LXIII. 
Gl. Fabius Maximus Allobrogicus. 
C. Liciniin Geta. 
L. Cassius Longinus. Occis. e. 
C. Marius. 
C. Atilius Serranus. 
Gl. Servilius Caepio. 
P. Rutilius Rufus. 
Cn. Mallius Maximus. 
C. Marius II. 
C. Flavius Fimbria. 
C. Marius III. 



A. C. A. V 

102 652 



101 653 

100 654 

99 655 

98 656 

97 657 



96 658 
95 659 
94 660 
93 661 
92 662 



91 663 



L. Aurelius Orestes. Mort. e. 

C. Marius IV. 

Gl. Lutatius Catulus. 

Censores. Lustr. LXIV. 
Gl. Caecilius Metellus Numidicus 
C. Caecilius Metellus Caprarius. 
C. Marius V. 
M\ Aquilius. 
C. Marius VI. 
L. Valerius Flaccus. 
M. Antonius. 
A. Postumius Albinus. 
Gl. Caecilius Metellus Nepos. 
T. Didius. 

Cn. Cornelius Lentulus. 
P. Licinius Crassus. 

Censores. Lustr. LXV. 
L. Valerius Flaccus. 
M. Antonius. 

Cn. Domitius Ahenobarbus, 
C. Cassius Longinus. 
L. Licinius Crassus. 
Gl. Mucius Scaevola. 
C. Ccelius Caldus. 
L. Domitius Ahenobarbus, 
C. Valerius Flaccus. 
M. Herennius. 
C. Claudius Pulcher. 
M, Perperna. 

Censores. Lustr. LXVI. 
Cn. Domitius Ahenobarbus, 
L. Licinius Crassus. 
L. Marcius Philippus. 
Sex. Julius Caesar. 



Bellum Marsicum. 
90 664 L. Julius Caesar. 

P. Rutilius Lupus. Occis. c, 
89 665 Cn. Pompeius Strabo. 

L. Porcius Cato, Ocas. e. 
Censores. 

P. Licinius Crassus. 

L. Julius Caesar. 
88 666 L. Cornelius Sulla (Felix). • 

Gl. Pompeius Rufus. Occis e, 
87 667 Cn. Octavius. Occis. e. 

L. Cornelius Cinna. Abd. 



L. Cornelius Merula. Occis. e 
86 668 L. Cornelius Cinna II. 

C. Marius VII. Mort. e. 



85 669 
84 670 
83 671 
82 672 



81 673 
80 674 
79 675 
78 676 
77 677 



L. Valerius Flaccus II. 

Censores. Lustr. LXVI1. 
L. Marius Philippus. 
M. Perperna. 
L. Cornelius Cinna III. 
Cn. Papirius Carbo. 
Cn. Papirius Carbo II. 
L. Cornelius Cinna IV. Occis. 
L. Cornelius Scipio Asiaticus. 
C. Norbanus Bulbus. 

C. Marius. Occis. e. 

Cn. Papirius Carbo III. Occis. < 
Diet. Reip. constituendce c. 

L. Cornelius Sulla Felix. 
Mag. Eq. 

L. Valerius Flaccus. 

M. Tullius Decula. 

Cn. Cornelius Dolabella. 

L. Cornelius Sulla Felix II. 

Gl. Caecilius Metellus Pius. 

P. Servilius Vatia (Isauricus). 

Ap. Claudius Pulcher. 

M. iEmilius Lepidus. 

Gl. Lutatius Catulus. 

D. Junius Brutus. 

Mam. iEmilius Lepidus Livianus 

1085 



FASTI CONSULARES 



FASTI CONSULAKiiS. 



A. C A 

76 678 


75 679 


74 680 


73 681 


72 682 


71 683 


70 684 



by 685 
68 686 
67 687 
68-688 
65 689 



Cn. Oetavius. 

C. Scribonius Curio. 

L. Octavius. 

C. Aurelius Cotta. 

L. Licinius Lucullus. 

M. Aurelius Cotta. 

M. Terentius Varro Lucullus. 

C. Cassius Varus. 

L. Gellius Poplicola. 

Cn. Cornelius Lentulus Clodianus. 

P. Cornelius Lentulus Sura. 

Cn. Aufidius Orestes. 

Cn. Pompeius Magnus. 

M. Licinius Crassus Dives. 

Censores. Lustr. LXX. 
L. Geihus Poplicola. 
Cn. Cornelius Lentulus Clodianus. 
d. Hortensius. 

d. Cascilius Metellus (Creticus). 
L. Csecilius Metellus. Mort. e. 
d. Marcius Rex. 
C. Calpurnius Piso. 
M'. Acilius Giabrio. 
M'. iEmilius Lepidus. 
L. Volcatius Tullus. 
P. Cornelius Sulla. Non iniit. 
P. Autronius Pastus. Non iniit. 



b3 691 
62 692 
61 693 
60 694 



59 695 



58 696 



57 



697 



L. Aurelius Cotta. 

L. Manlius Torquatus. 

Censores. 
Q. Lulatius Catulus. Abd. 
M. Licinius Crassus Dives. Abd. 
64 690 L. Julius Caesar. 

C. Marcius Figulus. 

^nsores. 
L. Aurelius Cotta. 

M. Tullius Cicero. 

C. Antonius. 

D. Junius Silanus. 
L. Licinius Murena. 
M. Pupius Piso Calpurnianus. 
M. Valerius Messala Niger. 
L. Afranius. 

Ct. Csecilius Metellus Celer. 
C. Julius Csesar. 
M. Calpurnius Bibulus. 
L. Calpurnius Piso Csesoninus. 
A. Gabinius. 

P. Cornelius Lentulus Spinther. 
&. Cascilius Metellus Nepos. 
Cn. Cornelius Lentulus Marcellinus. 
L. Marcius Philippus. 
Cn. Pompeius Magnus II. 
M. Licinius Crassus II. 

Censores. 
M. Valerius Messala Niger. 
P. Servilius Vatia Isauricus. 
L. Domitius Ahenobarbus. 
Ap. Claudius Pulcher. 
Cn. Domitius Calvinus. 
M. Valerius Messala. 
Cn. Pompeius Magnus III. Solus coniula- 
tum gessit. 
Ex Kal. Seztil. 
CI. Cascilius Metellus Pius Scipio. 
51 703 Ser. Sulpicius Rufus. 

M. Claudius Marcellus. 
50 704 L. iEmilius Paullus. 

C. Claudius Marcellus. 

Censores. 
Ap. Claudius Pulcher. 
L. Caj'purnius Piso Caesoninus. 
49 705 C. Claudius Marcellus. 

L. Cornelius Lentulus Crus. 
Did. sine Mas. Eq. Comit. Jtab. etfer. Latin, c. 
C. Julius Cassar. 
1086 



48 706' C. Julius Csesar II. 

P. Servilius Vatia Isauricus. 
47 707 Diet. Reip. constituendes c. 

C. Julius Csesar II. 
Mag. Eq. 

M. Antonius. 

Gt. Fufius Calenus. Cos, 

P. Vatinius. Cos. 
46 708 C. Julius Cassar III. 

M. iEmilius Lepidus. 
45 709 Diet. Reip. const, c. 

C. Julius Cassar III. 
Mag. Eq. 

M. iEmilius Lepidus. 



44 710 



C. Julius Csesar IV. 


Cot 

M 


. sine cc Ueg s 


CI. Fabius Maximus. 


ort. e. 


C. Caninius Rebilus. 






C. Trebonius. 






Diet. Reip. ger. c. 






C. Julius Cassar IV. 






Mag. Eq. 






M. iEmilius Lepidus 


II. 




Mag. Eq. 






C. Octavius. 






Mag. Eq. 






Cn. Domitius Calvim 


is. 
Cos. 


Non iniit. 


C. Julius Caesar V. 


oc:ii, *. 


M. Antonius. 







P. Cornelius Dolabella. 
43 711 C. Vibius Pansa. Mort. e. 
A. Hirtius. Occis. e. 



56 698 
55 699 



54 700 
53 701 
52 702 



Abd. 



C. Julius Cassar Octavianus. 

C. Carrinas. 

&. Pedius. Mort. e. 

P. Ventidius. 

Triumviri Reipublica constituenda. 

M. iEmilius Lepidus. 

M. Antonius. 

C. Julius Caesar Octavianus. 
42 712 L. Munatius Plancus. 

M. iEmilius Lepidus II. 
Censores. 

L. Antonius Pietas. 

P. Sulpicius. 
41 713 L. Antonius Pietas. 

P. Servilius Vatia Isauricus II. 
40 714 Cn. Domitius Calvinus II. Abd. 

C. Asinius Pollio. 



39 

38 7 



37 



L. Cornelius Balbus. 
P. Canidius Crassus. 

715 L. Marcius Censorinus. 
C. Calvisius Sabinus. 

716 Ap. Claudius Pulcher. 
C. Norbanus Flaccus. 

717 Triumviri Reipublicce constituendes 
M. iEmilius Lepidus II. 

M. Antonius II. 

C. Julius Caesar Octavianus II. 



M 


. Agrippa. Cos. 




L. 


Caninius Gallus. 


Cos. abd. 


T. 


Statilius Taurus. 




36 718 L. 


Gellius Poplicola. 


Abd. 


M 


. Cocceius Nerva. 


Abd. 


L. 


Munatius Plancus 


II. 


P. 


Sulpicius Gluirinu!: 


. 


35 719 L. 


Cornificius. 




Sex. Pompeius. 




34 720 L. 


Scribonius Libo. 




M 


Antonius. Abd 





FASTI CONSULARES. 



*.. C A. V, 

L. Sempronius Atratinus. 

iSx Kal. Jul. Paul. iEmilius Lepidus. 

C. Memmius. 
Ex Kal. Nov. M. Herennius Picens. 
33 721 C. J. Caesar Octavianus II. Abd. 
L. Volcatius Tullus. 



FASTI C O.N .3 U LAKES. 



P. Autionius Paetus. 



32 722 



"U 723 



'<0 724 



Ex Kal. 
•Ex Kal. 

Ex Kal. 
Ex Kal, 



Mai. 
Jul. 

Sept. 
Oct. 



29 725 



'28 72G 
27 727 
26 728 
25 729 
24 730 
23 731 



L. Flavius. 

C. Fonteius Capito. 

M\ Acilius (Aviola). 

L. Vinucius. 

L. Laronius. 
Cn. Domitius Ahenobarbus. 
C. Sosius. 

Ex Kal. Jul. L. Cornelius. 
Ex Kal, Nov. N. Valerius. 
C. J. Caesar Octavianus III. 
M. Valerius Messala Corvinus. 
Ex Kal. Mai. M. Titius. 
Ex Kal. Oct. Cn. Pompeius. 
C. J. Caesar Octavianus IV. 
M. Licinius Crassus. 
Ex Kal. Jul. C. Antistius Vetus. 
Ex Id. Sept. M. Tullius Cicero. 
Ex Kal. Nov. L. Seenius. 
Imp. Caesar Octavianus V. 
Sex. Appuleius. 

Ex Kal. Jul. Potitus Valerius Messala. 
Ex Kal. Nov. C. Furnius. 

C. Cluvius. 
Imp. Caesar Octavianus VI. 
M. Agrippa II. (Lustr. LXXI.) 
Imp. Caesar Augustus VII. 
M. Agrippa III. 
Imp. Caesar Augustus VIII. 
T. Statilius Taurus II. 
Imp. Caesar Augustus IX. 
M. Junius Silanus. 
Imp. Caesar Augustus X. 
C. Norbanus Flaccus. 
Imp. Caesar Augustus XL Abd. 
A. Terentius Varro Murena. Mart. e. 



22 732 



21 733 


20 


734 


19 


735 


18 


736 


17 


737 


16 


738 


15 


739 


14 


740 


13 741 



12 742 



L. Sestius. 

Cn. Calpurnius Piso. 

M. Claudius Marcellus ^Eserninus. 

L. Arruntius. 
Ccnsores. 

L. Munatius Plancus. 

Paul. iEmilius Lepidus. 

M. Lollius. 

Gl. iEmilius Lepidus. 

M. Appuleius. 

P. Silius Nerva. 

C. Sentius Saturninus. 

CI. Lucretius Vespillo. 

Ex Kal. Jul. M. Vinucius. 

P. Cornelius Lentulus Marcellinus. 

Cn. Cornelius Lentulus. 

C. Furnius. 

C. Junius Silanus. 

L. Domitius Ahenobarbus. 

P. Cornelius Scipio. 

Ex Kal. Jul. L. Tarius Rufiis. 

M. Livius Drusus Libo. 

L. Calpurnius Piso. 

M. Licinius Crassus. 

Cn. Cornelius Lentulus Augur. 

Ti. Claudius Nero (postea Ti. Caesar Au- 
gustus). 

P. Quinctilius Varus. 

M. Valerius Messala Barbatus Appianus. 
Mori. e. 

P, Sulpicius duirinus. Abd. 



A. b A. U. 





C. 


Caninius Rebilus. Mort. e. 




L. 


Volusius Saturninus. 


11 r 


jElius Tubero. 




Paul. Fabius Maximus. 


10 


744 Julus Antonius. 




a. 


Fabius Maximus Africanus. 


9 


745 Nero Claud. Drusus Germanicu !>. Mori. e. 




T. 


Gtuinctius (Pennus Capitolin (is) Crispi- 
nus. 


8 


746 C. 


Marcius Censorinus. 




C. 


Asinius Gallus. 


7 


747 Ti 


. Claudius Nero II. 




Cr 


l. Calpurnius Piso. 


6 


748 D. 


Laelius Balbus. 




C. 


Antistius Vetus. 


5 


749 Imp. Caesar Augustus XII. 




L. 


Cornelius Sulla. 


4 


750 C. 


Calvisius Sabinus. 




L. 


Passienus Rufus. 


3 


751 L. 


Cornelius Lentulus. 




M 


. Valerius Messalinus. 


2 


752 Imp. Caesar Augustus XIII. Abd. 




M 


. Plautius Silvanus. Abd. 



P. c, 

1 



Gt. Fabricius. 
L. Caninius Gallus. 
753 Cossus Cornelius Lentulus. 
L. Calpurnius Piso. 

u. c 
754 



C. Caesar. 

L. jfEmilius Paullus. 

2 755 P. Vinucius. 

P. Alfenius Varus. 

Ex Kal. Jul. P. Cornelius Lentulus Scipio. 
T. Gtuinctius Crispinub Vale- 
rianus. 

3 756 L. iElius Lamia. 

M. Servilius. 

Ex Kal. Jul. P. Silius. 

L. Volusius Saturninus. 

4 757 Sex. ^Elius Catus. 

C. Sentius Saturninus. 

Ex Kal. Jul. C. Clodius Licinus. 

Cn. Sentius Saturninus. 

5 758 L. Valerius Messala Volesus. 

Cn. Cornelius Cinna Magnus. 
Ex Kal. Jul. C. Ateius Capito. 

C. Vibius Postumus. 

6 759 M. iEmilius Lepidus. 

L. Aruntius. Abd. 



C. Valgus Rufus. Aha. 



L. Nonius Asprenas. 

7 760 A. Licinius Nerva Silianus. 

Gl. Caecilius Metellus Creticus. 

8 761 M. Furius Camillus. 

Sex. Nonius GLuinctilianus. 
Ex Kal. Jul. L. Apronius. 

A. Vibius Habitus. 

9 762 C. Poppaeus Sabinus. 

Gl. Sulpicius Camerinus. 

Ex Kal. Jul. M. Papius Mutilus. 

Gl. Poppaeus Secundus. 

10 763 P. Cornelius Dolabella. 

C. Junius Silanus. 

Ex Kal. Jul. Ser. Cornelius Lentulus Ma 
lug. 

11 764 M. ^Emilius Lepidus. 

T. Statilius Taurus. 
Ex Kal. Jul. L 

12 765 Germanicus Caesar. 

C. Fonteius Capito. 

Ex Kal, Jul. C. Visellius Varro. 

13 766 C. Silius. 

L. Munatius Plancus. 

14 767 Sex. Pompeius. 

Sex. Appuleius. 

Eodem anno a. d. xiv. Kal. Sept. 
Imp Caesar Augustus. Mcrt. e. 

1087 



Cassius Longinus. 



FASTI CONSULARES. 



FASTI CONSULARES. 



t. C D. C. 

Tiberius Cesar Augustus. 
15 768 Diusus Caesar. 

C. Norbanus Flaccus. 
J 6 769 T. Statilius Sisenna Taurus. 

L. Scribonius Libo. 

Ec Kal. Jul. P. Poniponius Graecinus, 
17 770 C. Ccecilius Rufus. 

L. Pomponius Flaccus. 
fS 771 Ti. Caesar Augustus III. 

Germanicus Caesar II. 



Aid. 



L. Sems Tubero. 

M. Junius Silanus. 

L. Norbanus Balbus. 

M. Valerius Messala. 

M. Aurelius Cotta. 

Ti. Caesar Augustus IV. 

Drusus Caesar II. 

D. Haterius Agrippa. 

C. Sulpicius Galba. 

Ex. Kal. Jul. M. Cocceius Nerva. 

C. Vibius Rufinus. 
C. Asinius Pollio. 
C. Antistius Vetus. 
Ser. Cornelius Cethegus. 
L. Visellius Varro. 
M. Asinius Agrippa. 
Cossus Cornelius Lentulus. 
C. Calvisius Sabinus. 
Cn. Cornelius Lentulus Gaetulicus. 
Ex. Kal. Jul. &. Marcius Barea. 

T. Rustius Nummius Gallus. 
M. Licinius Crassus Frugi. 
L. Calpurnius Piso. 
Ap. Junius Silanus. 
P. Silius Nerva. 

Suf. Q.. Junius Blaesus. 
L. Antistius Vetus. 
L. Rubellius Geminus. 
C. Fufius Geminus. 

Suf. A. Plautius. 

L. Nonius Asprenas. 
M. Vinucius. 
L. Cassius Longinus. 

Suf. C. Cassius Longinus. 
L. Naevius Surdinus. 
31 781 Ti. Caesar Augustus V. 



19 772 

20 773 

21 774 

22 775 

23 776 

24 777 

25 778 

26 779 

27 780 

28 781 

29 782 

30 783 



L. iElius Sejanus. 
Suf. VII. id. Mai. 



Faust. Cornelius Sulla. 
Sextidius Catullinus. 
L. Fulcinius Trio. 
P. Menimius Resrulus. 



32 785 

33 786 

34 787 

35 788 

36 789 

37 790 



38 791 

39 792 



Kal. Jul. 
Kal. Oct. 
Cn. Domitius Ahenobarbus. 
M. Furius Camillus Scribonianus. 

Suf. Kal. Jul. A. Vitellius. 
Ser. Sulpicius Galba (postea Caes. Aug.). 
L. Cornelius Sulla Felix. 

Suf. Kal. Jul. L. Salvius Otho. 
L. Vitellius. 
Paul. Fabius Persicus. 
C. Cestius Gallus Camerinus. 
M. Servilius Nonianus. 
Sex. Papinius Allienus. 
&. Plautius. 

Cn. Aceronius Proculus. 
C. Petronius Pontius Nigrinus. 

Suf. Kal. Jul. C. Caesar Augustus Ger- 
manicus. 

Ti. Claudius {postea Caes. Aug.). 
Eodem anno a. d. xvii. Kal. April. 
Ti. Caesar Augustus. Mort. e. 
Caius Cesar Augustus Germanicus (Ca- 
ligula). 
M. Aquilius Julianus. 
P. Nonius Asprenas. 
C. Caesar Augustus Germanicus II. 
L. Apronius Caesianus. 
Suf. Kal. Febr. Sanguinius Max ; mus 
1088 



P. C. V. c. 

Jul. Cn. Domitius Corbulo, 
Sept. Domitius Afer. 

40 793 C. Caesar Augustus Germanicus III. (&»« 

lus mag. gessit.) 
Suf. Id. Jan. L. Gellius Poplicola. 
M. Cocceius Nerva. 
{Kal Jul. Sex. Junius Celer. 

Sex. Nonius Gtuinctiha- 
nus.) 

41 794 C. Caesar Augustus Germanicus IV. 

Cn. Sentius Saturninus. 

Suf VII. Id. Jan. Gt. Pomponm*' Se- 

cundus. 
Eodem anno a. d. IX. Kal. Feb. 
C. Caes. Aug. Germ. (Caligula). Occis. o. 
Ti. Claudius Cesar Augustus Ger- 
manicus. 

42 795 Ti. Claud. Caes. Augustus Germauicus II. 

C. Caesinus Largus. 

Suf. Kal. Mart. (C. Vibius Crispus.) 

43 796 Ti. Claud. Caes. Augustus Germanicus III. 

L. Vitellius II. 
Suf. Kal. Mart. (P. Valerius Asiat.) 

44 797 L. Gtuinctius Crispinus Secundus. 

M. Statilius Taurus. 

45 798 M. Vinucius II. 

Taurus Statilius Corvinus. 
Suf. M. Cluvius Rufus. 
Pompeius Silvanus 

46 799 . . . Valerius Asiaticus II. 

M. Junius Silanus. 

Suf P. Suillius Rufus. 
P. Ostorius Scapuia. 

47 800 Ti. Claud. Caes. Augustus Germanicus IV 

L. Vitellius III. 

Suf. Kal. Mart. (Ti. Plautius Silvanus 
iElianus.) 

48 801 A. Vitellius (postea Aug.). 

L. Vipstanus Poplicola. 

Suf Kal. Jul. L. Vitbllius. 

(C. Calpurnius Piso.) 

Censores. Lnistr. LXXIV. 
Ti. Claudius Caes. Aug. Germanicus 
L. Vitellius. 

49 802 a. Veranius. 

C. (A.) Pompeius Gailus. 
Suf. L. Memmius Pollio. 
CI. Allius Maximus. 

50 803 C. Antistius Vetus. 

M. Suillius Nerullinus. 

51 804 Ti. Claud. Caes. Aug. Germanicus V. 

Ser. Cornelius Orfitus. 

Suf. Kal. Jul. (C. Minicius Fundanus. 

C. Vetennius Severus.) 
Kal. Nov. T Flavius Vespasianus ( vn*~ 
tea Caes. Aug.). 

52 805 Faustus Cornelius Sulla. 

L. Salvius Otho Titianus. 
(Suf. Kal. Jul. Servilius Barea Soranus. 
C. Licinius Mucianus. 
Kal Nov. L. Cornelius Sulla. 
T. Flavius Sabinus.') 

53 806 D. Junius Silanus. 

d. Hateiius Antoninus. 

54 807 M. Asinius Marcellus. 

M'. Acilius Aviola. 

Eodem anno a. d. III. Id. Oct. 
Ti. Claud. Caes. Aug. Germ. Mort. t. 
Nero Claudius Cesar Augustus Geji 

MANICUS. 

55 808 Nero Claud. Caes. Aug. Germanicus. 

L. Antistius Vetus. 

56 809 &. Volusius Saturninus. 

P. Cornelius Scipio. 

57 810 Nero Claud. Caes. Aug. Germanicus II. 

L. Calpurnius Piso, 

Suf. L. Cassius Martialis. 

58 811 Nero Claud. Caes. Aug. Germanicus III. 



FASTI CONSULARES. 



FASTI CONSULAR ES. 



F C. V. i 

59 812 

60 813 

CI 814 

62 815 

63 816 

64 817 

65 818 

66 819 

67 820 

68 821 



Memmius Regulus. 
Virginius Rufus. 



«9 822 



TO 523 



71 824 



72 825 

73 826 

74 827 



M. Valerius Messala. 

C. Vipstanus Apronianus. 

C. Fonteius Capito. 

Nero Claudius Caesar Augustus Germani- 

cus IV. 
Cossus Cornelius Lentulus. 
C. Petronius Turpilianus. 
C. Caesonius Paetus. 
P. Marius Celsus 
L. Asinius Gallus. 

Suf. L. Annaeus Seneca. 
Trebellius Maximus. 
C 
L 

C. Laecanius Bassus. 
M. Licinius Crassus Frugi. 
A. Licinius Nerva Silianus. 
M. Vestinus Atticus. 
C. Lucius Telesinus. 
C. Suetonius Paullinus. 
L. Fonteius Capito. 
C. Julius Rufus. 
Silius Italicus. Abd. 
Galerius Trachalus. Abd. 
Nero Claud. Caesar Aug. Germanicus V. 
(si?ie collegd). 
Suf. Kal. Jul. M. Plautius SUvanus. 

M. Salvius Otho (postea 
Caes. Aug.). 
Suf. Kal. Sept. C. Bellicus Natalis. 

P. Cor. Scip. Asiaticus. 
Eodem anno a. d. IV. Id. Jun. 
Nero Claud. Caes. Aug. Germ. • Mort. e. 
Ser. Sulpicius Galba Cesar Augustus. 
Ser. Sulpicius Galba Caesar Augustus II. 
T. Vinius (Junius). Occis. e. 

Eodem anno a. d. XVII. Kal. Febr. 
Ser. Sulp. Galba Caesar Aug. Occis. e. 
M. Salvius Otho Cesar Augustus. 
Ex. a. d. XVI. Kal. Febr. M. Sal. Otho 

Caes. Aug. 
L. Salvius Otho Titianus II. 
Ex. Kal. Mart. T. Virginius Rufus. 

L. Pompeius Vopiscus. 
Eodem anno a. d. XII. Kal. Mai. 
M. Salvius Otho Caes. Aug. Mort. e. 
A. Vitellius Imp. Augustus. 
Ex. Kal. Mai. M. Caelius Sabinus. 
T. Flavius Sabinus. 
T. Arrius Antoninus. 
P. Marius Celsus II. 
C. Fabius Valens. 
A. Licin. Caec. Damn. e. 
Ex. pr. Kal. Nov. Roscius Regulus. 
Ex. Kal. Nov. Cn. Caecilius Simplex. 
C. Quinctius Atticus. 
Eodem anno a. d. IX. Kal. Jan. 
A. Vitellius Imp. Aug. Occis. e. 
Imp. T. Flavius Vespasianus Augustus. 
Imp. T. Flavius Vespasianus Augustus II. 
T. Caesar Vespasianus. 
Ex. Kal. Jul. C. Licinius Mucianus II. 

P. Valerius Asiaticus. 
Ex. Kal. Nov. L. Annius Bassus. 
C. Caecina Paetus. 
Imp. T. Flavius Vespasianus Augustus III. 
M. Cocceius Nerva (poslea Imp. Caesar 
Augustus). 
Ex. Kal. Mart. T. Caesar Domitianus. 
Cn. Pedius Cattus. 
C. Valerius Festus. 
Imp. T. Flavius Vespasianus Augustus IV. 
T. Caesar Vespasianus II. 
T. Caesar Domitianus II. 
M. Valerius Messalinus. 
Imp. T. Flavius Vespasianus Augustus. 
Ti. Caesar Vespasianus III. Abd. 

Ex. Kal. Jul. T. Caesar Domitianus III. 
Y 



Ex. Kal. Jul. 
Ex. Kal. Sept. 



P. C. V. c. 



75 828 



76 829 



77 830 

78 831 

79 832 



80 833 



81 834 



82 835 


83 836 


84 837 


85 838 


86 839 


87 840 


88 841 


89 842 


90 843 


91 844 



92 845 



93 846 



94 847 

95 848 

96 849 



Censor es. Lustr. LXXV. 
Imp. T. Flavius Vespasianus Augustus. 
T. Caesar Vespasianus. 
Imp. T. Flavius Vespasianus Augustus VI. 
T. Caesar Vespasianus IV. 

Ex. Kal. Jul. T. Caesar Domitianus IV. 
M. Licin. Mucianus III. 
Imp. T. Flavius Vespasianus Aug. VII. 
T. Caesar Vespasianus V. 

Ex. Kal. Jul. T. Caesar Domitianus V. 
( T. Plautius Silvanus 
^Elianus II.) 
Imp. T. Flavius Vespasianus Aug. VIII. 
T. Caesar Vespasianus. VI. 

Ex. Kal. Jul. T. Caesar Domitianus VI. 
Cn. Julius Agricola. 
L. Ceionius Commodus. 
D. Novius Priscus. 

Imp. T. Flavius Vespasianus Augustus IX. 
T. Caesar Vespasianus VII. 

Eodem anno a. d. VIII. Kal. Jul. 
Imp. T. Flav. Vespasianus Aug. Mort. c. 
Imp. Titus Cesar Vespasianus Augustus. 
Imp. Titus Caesar Vespasian. Aug. VIIT. 
T. Caesar Domitianus VII. 

Suf. L. iElius Plautius Lamia. 
GL. Pactumeius Fronto. 

Suf. M. Tillius (Tittius). Frugi. 
• T. Vinicius Julianus. 
L. Flavius Silva Nonius Bassus. 
Asinius Pollio Verrucosus. 

Ex. Kal. Mai. L. Vettius Paullus. 
T. Junius Montanus. 

Eodem anno Idib. Sept. . v 
Imp. Titus Caes. Vespas. Aug. Mort. e. 
Imp. Cesar Domitianus Augustus. 
Imp. Caesar Domitianus Augustus VIII. 
T. Flavius Sabinus. 
Imp. Caesar. Domitianus Augustus IX. 
a. Petillius Rufus II. 
Imp. Caesar Domitianus Augustus X. 
Ap. Junius Sabinus. 
Imp. Caesar Domitianus Augustus XI. 
T. Aurelius Fulvus. 
Imp. Caesar Domitianus Augustus XII. 
Ser. Cornelius Dolabella Petronianus. 

Suf. C. Secius Campanus. 
Imp. Caesar Domitianus Augustus XIII 
A. Volusius Saturninus. 
Imp. Caesar Domitianus Augustus XIV 
L. Minucius Rufus. 
T. Aurelius Fulvus II. 
A. Sempronius Atratinus. 
Imp. Caesar Domitianus Augustus XV. 
M. Cocceius Nerva II. 
M'. Acilius Glabrio. 

M. Ulpius Traianus (postea Imp. Cssai 
Augustus). 

Suf. Q,. Valerius Vegetus. 

P. Met(ilius Secundus). 
Imp. Caesar Domitianus Augustus XVI. 
&. Volusius Saturninus. 

Ex. Id. Jan. L. Venu(leius Apronianus). 

Ex. Kal. Mai. L. Stertinius Avitus. 
Ti 

Ex. Kal. Sept. C. Junius Silanus. 

a. Arv 

Pompeius Collega. 
Cornelius Priscus. 

Suf. M. Lollius Paullinus Valerius Asi- 
aticus Saturninus. 
C AntiusAulus Julius Torquatus 
L. Nonius Torquatus Asprenas. 
T. Sextius Magius Lateranus. 

Suf. L. Sergius Paullus. 
Imp. Caesar Domitianus Augustus XVH 
T. Flavius Clemens. 
C. Manlius Valens. 

1089 



FASTI UONSULARES, 



• cue. 



Ex. Kal. Sept. 



Ex. Kal. Nov. 



C. Antistius Vetus. 

Eodem anno a. d. XIV. Kal. Oct. 
junp. Caesar Domitianus Aug. Germanicus. 

Occis. e. 
Imp. Nerva Cesar Augustus Germanicus. 
97 850 Imp. Nerva Caesar Augustus III. 
T. Virginius Rufus III. 

Eodern anno. 
M. Ulpius Trajanus Caesar. Appell. est. 
08 851 Imp. Nerva Caesar Augustus IV. 
Nerva Traianus Caesar II. 

Eodem anno a. d. VI. Kal. Febr. 
Imp. Nerva Caesar Aug. Germ. Mort. e. 
Imp. CiESAR Nerva Trajanus. Optimus 
Augustus Germanicus. Dacicus Par- 
thicus. 
Ex. Kal. Jul. C. Sosius Seneeio. 
L. Licinius Sura. 
.Ex. Kal. Oct. Afranius Dexter. 
99 852 A. Cornelius Palma. 

C. Socius Seneeio (II.). 
200 853 Imp. Caesar Nerva Trajanus Augustus III. 
Sex. Julius Frontinus III. 
Ex. Kal. Mart. M. Cornelius Fronto III. 
C. Plinius Caecilius Secun- 
dum. 
Cornutus Tertullus. 
Julius Ferox. 
Acutius Nerva. 

L. Roscius iElianus. 

Ti. Claudius Sacerdos. 
101 854 Imp. Caesar Nerva Trajanus Augustus IV. 
Sex. Articuleius Paetus. 
Ex. Kal. Mart. Cornelius Scipio Orfitus. 
Ex. Kal. Mai. Baebius Macer. 

M. Valerius Paullinus. 
Ex. Kal. Jul. C. Rubrius Gallus. 

Gt. Caslius Hispo. 
C. Sosius Sene,cio III. 
L. Licinius Sura II. 
Ex. Kal. Jul. M'. Acilius Rufus. 

C. Caecilius Classicus. 
Imp. Caesar Nerva Trajanus Augustus V. 
L. Appius Maximus II. 

{Suf. C. Minicius Fundanus. 
C. Vettennius Severus.) 

, . Suranus. 

P. Neratius Marcellus. 
Ti. Julius Candidus II. 
C. Antius Aulus Julius Quadra tus II. 
L. Ceionius Commodus Verus. 
L. Tutius Cerealis. 
Licinius Sura III. 
Sosius Seneeio IV. 
Suf. .... Suranus II. 

C. Julius Serv. Ursus Servianus. 
Ap. Annius Trebonius Gallus. 
M. Atilius Metilius Bradua. 
Suj. (C. Julius Africanus. 
Clodius Crispinus.) 
L. Verulanus Se?erus. 

109 862 A. Cornelius Palma II. 

C. Caivisius Tullus II. 

Suf. P. iElius Hadrianus (posiea Imp. 
Caesar Augustus). 
M. Trebatius Priscus. 

110 8G3 Ser. Salvidienus Orfitus. 

M. Pedueaeus Priscinus. 
Suf. (P. Caivisius Tullus. 
L. Annius Largus.) 

111 864 M. Calpurnius Piso. 

L, Rusticus Junianus Bolanus. 
S?*f, C. Julius Servilius Ursus Servi- 
anus II. 
L. Fabius Justus. 

112 805 Imp. Caesar Nerva Traj. Augustus VI. 

T. Sextius Africanus. 

113 866 L. Publicius Celsus II. 

1090 



102 855 

103 856 

101 857 

105 858 

106 859 

107 860 

108 861 



L. 

C. 



FASTI CONSU LARES. 

P. c. u. c. 

C. Clodius Crispinus. 

114 867 Gt. Ninnius Hasta. 

P. Manilius Vopiscus. 

115 868 L. Vipstanus Messala, 

M. Pedo Vergilianus. 

116 869 r^Emilius) iElianus. 

(L.) Antistius Vetus. 

117 870 GLuinctius Niger. 

C. Vipstanus Apronianus. 
Ex. Kal. Jul. M. Erucius Claras. 
Ti, Julius Alexander. 
Eodem anno. 
Imp. Caesar Nerva Traj. Aug. Mort. e. 
Imp. CAESAR Trajanus Hadrianus August 

TUS. 

118 871 Imp. Caesar Traj. Hadrianus Augustus II. 

Ti. Claudius Fuscus Salinator. 

119 872 Imp. Caesar Traj. Hadrianus Augustus III. 

C. Junius Rusticus. 

120 873 L. Catilius Severus. 

T. Aurelius Fulvus (postea Imp. Cassar An- 
toninus Augustus Pius). 

121 874 M. Annius Verus II. 

Augur. 

122 875 M'. Acilius Aviola. 

C. Corellius Pansa. 

123 876 Gt. Articuleius Paetinus. 

L. Venuleius Apronianus. 

124 877 M\ Acilius Glabrio. 

C. Bellicius Torquatus. 

125 878 Valerius Asiaticus II. 

Titius Aquilinus. 

126 879 M. Annius Verus III. 

. . . Eggius Ambibulus. 

127 880 T. Atilius Titianus. 

M. Squilla Gallicanus. 

128 881 L. Nonius Torquatus Asprenas U. 

M. Annius Libo. 

129 882 P. Juventius Celsus II. 

Gt. Julius Balbus. 
Suf. C. Neratius Marcellus IL 
Cn. Lollius Gallus. 

130 883 a. Fabius Catullinus. 

. M. Flavius Aper. 

131 884 Ser. Octavius Laenas Pontianus. 

M. Antonius Rufinus. 

132 885 C. Serius Augurinus. 

C. Trebius Sergianus. 

133 886 M. Antonius Hiberus. 

Nummius Sisenna. 

134 887 C. Julius Servilius Ursus Servianus 111, 

C. Vibius Juventius Varus. 

135 888 Lupercus. 

Atticus. 

Suf. . . . Pontianus. 
. . . Atilianus. 

136 889 L. Ceionius Commodus Verus. 

Sex. Vetulenus Civica Pompeianus. 

Eodem anno. 
L. Ceionius Commodus Verus iElius Cae- 
Scir A/oft c 

137 890 L. IElius Verus Caesar II. 

P. Ccelius Balbinus Vibulius Pius. 

138 891 Niger. 

Camerinus. 

L. iElius Verus Caesar. Kal. Jan. Mort. t, 
Eodem anno a. d. V. Kal. Mart. 

T. Aurelius Fulvius Antoninus iElius Cas- 
sar. App. e. 
Eodem anno a. d. VI. Id. Jul. 

Imp. Caesar Traj. Hadrianus Aug. Mort. t. 

Imp. T. iEuus C^sar Antoninus Augus- 
tus Pius. 

139 892 Imp. T. Ml. Caesar Ant. Augustus Pius II. 

C. Bruttius Praesens II. 

140 893 Imp. T. Ml. Caesar Ant. August. Pius II J 

M. iElius Aurelius Verus Caesar (postec, 
Imp. Augustus). 




FASTI C01NSULARES. 



r. c u c. 

141 894 

142 895 
43 896 

144 897 

145 898 

146 899 

147 900 

148 901 

149 902 

150 903 

151 904 

152 905 

153 906 

154 907 

155 908 

156 909 

157 910 

158 911 

159 912 

160 913 

161 914 



62 915 

163 916 

164 917 

165 918 

166 919 

167 920 

168 921 

169 922 

170 923 

171 924 
1 ,2 925 



M. Peducacus Stloga Priscinus. 

T. Hoenius Severus. 

L. Statius Gluadratus. 

C. Cuspius Rufinus. 

C. Bellicius Torquatus. 

Ti. Claudius Atticus Herodes. 

P. Lollianus A Vitus. 

C. Gavius Maxinaus. 

Imp. T. M\. Caesar Ant. Augustus Pius IV. 

M. Aurelius Caesar II. 

Sex. Erucius Clarus II. 

Cn. Claudius Severus. 

C. Annius Largus. 

C. Prast. Pacatus Messalinus. 

Torquatus. 

Salvius Julianus. 
Ser. Scipio Orfitus. 
d. Nonius Priscus. 

Gallicanus. 

. . Antistius Vetus. 

Sex. Gluintilius Condonianus. 

Sex. Gluintilius Maxirnus. 

M. Acilius Glabrio. 

M. Valerius Homullus. 

C. Bruttius Praesens. 

A. Junius Rufinus. 

L. iElius Aurelius Commodus (postea Imp. 

Caesar Augustus). 
T. Sextius Lateranus. 
C. Julius Severus. 
M. Junius Rufinus Sabinianus. 
Ex. Kal. Nov. Antius Pollio. 

Opimianus. 
M. Ceionius Silvanus. 
C. Serius Augurinus. 
M. Civica Barbaras. 
M. Metilius Regulus. 
Sex. Sulpicius Tertullus. 
C. Tineius Sacerdos. 
Plautius Gluintilius. 
Statius Priscus. 
Ap. Annius Atilius Bradua. 
T. Clodius Vibius Varus. 
M. iElius Aurelius Verus Caesar III. 
L. JElius Aurelius Commodus II. 

Eodem anno. 
Imp. T. M\. Caes. Ant. Aug. Pius. Mart. e. 
Imp. Cesar M. Aurelius Antoninus Au- 
gustus. 
Imp. Cesar L. Aurelius Verus Augustus. 
Gl. Junius Rusticus. 
C Vettius Aquilinus. 

Svf a. Flavius Tertullus. 
M. Pontius Laelianus. 
Pastor. 

Suf. Gl. Mustius Priscus. 
M. Pompeius Macrinus. 
P. Juventius Celsus. 
M. Gavius Orfitus. 
L. Arrius Pudens. 
Gl. Servilius Pudens. 
L. Fufidius Pollio. 

Eodem anno a. d. IV. Id. Oct. 
L. JEA. Aurelius Commodus Caes. App. e. 
Imp. Caesar L. Aur. Verus Augustus III. 
M. Ummidius Gluadratus. 
L. Venuleius Apronianus II. 

Sergius Paullus II. 

Sosius Priscus Senecio. 

Ccelius Apollinaris. 
Eodem anno. 
Imp. Caesar L. Aur. Verus Aug. Mort. e. 
M. Cornelius Cethegus. 
C. Erucius Clarus. 
T. Statilius Severus. 
L. Alfidius Herennianus. 

Maximus. 

Orfitus. 



L. 
CI 
P. 



FASTI CONSULARES. 

173 926' M. Aurelius Severus II. 

Ti. Claudius Pompeianus. 

174 927 Gallus. 

FIrccus 

175 928 Calpurniu's Piso. 

M. Salvius Julianus. 

176 929 T. Vitrasius Pollio II. . 

M. Flavius Aper II. 

177 930 Imp. L. Aurelius Commodus Augustus. 

M. Plautius Gluintilius. 

178 931 Gavius Orfitus. 

Julianus Rufus. 

179 932 Imp. L. Aurelius Commodus Augustus IL 

P. Marcius Verus. 

Ex. Kal. Jul. P. Helvius Pertinax (posiea 
Imp. Caesar Augustus). 

M. Didius Severus Julianus 
{postea Imp. Caes. Aug.). 

180 933 C. Bruttius Praesens. 

Sex. Gluintilius Condianus. 

Eodem anno a. d. XVI. Kal. April. 
Imp. Caesar M. Aurelius Antoninus Aug. 

Mort. e. 
Imp. M. Aurelius Commodus Antoninus 
Augustus. 

181 934 Imp. M. Aurelius Commodus Antoninus 

Augustus III. 
L. Antistius Burrus. 

182 935 Mamertinus. 

Rufus. 

Ex. Kal. Jul. iEmilius June us. 
Atilius Severus. 

183 936 Imp. M. Aurelius Commodus Antoninus 

Augustus IV. 
C Aufidius Victorinus II. 
Ex, Kal. Febr. L. Tutilius Pontius Ger- 

tianus. 
Ex. Kal. Mai. M. Herennius Secundum 
M. Egnatius Postumus. 
T. Pactumeius Magnus 
L. Septimius F 

184 937 L. Cossonius Eggius Marullus. 

Cn. Papirius iElianus. 
Suf. C Octavius Vindex. 

185 938 .... . Maternus. 

Bradua. 

186 939 Imp. M. Aurelius Commodus Antoninus 

Augustus V. 
(M\ Acilius) Glabrio II. 

187 940 Crispinus. 

iElianus. 

188 941 Fuscianus II 

M. Servilius Silanus II. 

189 942 Junius Silanus. 

Gl. Servilius Silanus. 

190 943 Imp. M. Aurelius Commodus Antoninus 

Augustus VI. 
M. Petronius Septimianus. 

191 944 (Cass)ius Pedo Apronianus. 

M. Valerius Bradua (Mauricus). 

192 945 Imp. L. JElius Aurelius Commodus Au- 

gustus VII. 

P. Helvius Pertinax II. 

Eodem anno prid. Kal. Jan. 

Imp. L. iElius Aurelius Commodus Au- 
gustus. Occis. e. 

193 946 Imp. Cesar P. Helvius Pertinax Augus- 

tus. 
Gl. Sosius Falco. 
C. Julius Erucius Clarus. 

Suf. Flavius Claudius Sulpicianus. 
L. Fabius Cilo Septimianus. 
Eodem anno a. d. V. Kal. April. 
Imp. Caesar P. Helvius Pertinax Augustus, 

Occ. e. 
Imp. Cesar M. Dr/>ius Severus Julianu* 
Augustus. 
Suf. Kal. Mai. Silius Messala. 

1091 

> 



FASTI CONSULARES. 



FASTI CONSULARES. 



p.c. a c 

Eodem anno Kal. Jun. 

Imp. Caesar M. Didius Severus Julianus 

Augustus. Occis.e. 

Imp. Cesar L. Septimius Severus Perti- 
nax Augustus. 
Suf. Kal. Jul. JElius. 
Probus. 
Eodem anno. 
D. Clodius Albinus Caesar. App. est. 

194 947 Imp. Caesar L. Septimius Severus Augus- 

tus II. 
D. Clodius Albinus Caesar. 

195 948 Scapula Tertullus. 

Tineius Clemens. 

196 949 C. Domitius Dexter. 

L. Valerius Messala Thrasia Priscus. 

Eodem anno. 
Bassianus M. Aurelius Antoninus Caesar. 

App. e. 

197 950 Ap. Claudius Lateranus. 

. Rufinus. 

198 951 '.". Saturninus. 

Gallus. 

Eodem anno. 
M. Aurelius Antoninus (Caracalla) Caesar 

Imp. Augustus App. e. 
P. Septimius Geta Caesar. App. e. 

199 952 P. Cornelius Anulinus II. 

M. Aufidius Fronto. 

200 953 Ti. Claudius Severus. 

C. Aufidius Victorinus. 

201 954 L. Annius Fabianus. 

M. Nonius Arrius Mucianus. 

202 955 Imp. Caesar L. Septimius Severus Augus- 

tus III. ' 
Imp. Caesar M. Aurelius Antoninus Aug. 

203 956 C. Fulvius Plautianus II. . 

P. Septimius Geta. ■ 

204 957 L. Fabius Cilo Septimianus II. 

M. Annius Flavius Libo. 

205 958 Imp. Caesar M. Aurelius Antoninus Au- 

gustus II. ' 
P. Septimius Geta Csesar. 

206 959 M. Nummius Albinus. 

Fulvius iEmirianus. 

207 960 Aper. 

Maximus. 

208 961 Imp. Caesar M. Aurelius Antoninus Augus- 

tus III. 
■P. Septimius Geta Caesar II. 

209 962 Civica Pompeianus. 

Lollianus Avitus. 
Eodem anno. 
P. Septimius Geta Caesar Aug. App. est. 

210 963 M'. Acilius Faustinus. 

Triarius Rufinus. 

211 964 (Q. Hedius Rufus) Lollianus Gentianus. 

Pomponius Bassus. 

Eodem anno prid. Non. Febr. 
Imp. Csesar L. Septimius Severus August. 

Mart. e. 
Imp. Cjesar M. Aurelius Antoninus 

(Caracalla) Augustus. 

212 965 C. Julius Asper II. 

C. Julius Asper. 

Eodem anno. 
Imp. Caesar P. Septimius Geta Pius Aug. 
Occ. est. 

213 966 Imp. M. Aurelius Antoninus Augustus IV. 

D. Ccelius Balbinus II. 

Suf (M. Antoninus Gordianus [postea 
Imp. Caesar Augustus]. 
Helvius Pertinax.) 

214 967 Messalla. 

Sabinus. 

215 968 Laetus II. 

216 969 Cati us Sabinus II. 

1092 



P. c. u. c. 

Cornelius Anulinus. 

217 970 C. Bruttius Praesens. 

T. Messius Extricatus II. 

Eodem anno a. d. VI. Id. April. 
Imp. Csesar M. Aurelius Antoninus (Car* 
calla) Augustus. Occ. e. 
Eodem anno a. d. III. Id. April. 
M. Opilius Severus Macrinus Imp. Caesas 

Augustus. App. e. 
M. Opilius Diadumenianus Cass. App. e. 
Imp. Cesar M. Opilius Severus Macri- 
nus Augustus. 

218 971 Imp. Caesar M. Opil. Severus Macrinus 

Augustus II. 
C. Oclatinus Adventus. 

Eodem anno. ■ 
Imp. Caesar M.. Opilius Severus Macrinus 

Augustus. Occ. e. 
Varius Avitus Bassianus M. Aurelius An- 
toninus Imp. Caesar Augustus. . App. e. 
Imp. Cjesar M. Aurelius Antoninus 
(Elagabalus) Pius Felix Augustus. 
Suf. Imp. Csesar M. Aurelius Antoni' 
nus (Elagabalus) Augustus. 

219 972 Imp. Csesar M. Aurelius Antoninus (Ela- 

gabalus) Augustus II. 
Gt. Tineius Sacerdos II. 

220 973 Imp. Caesar M. Aurelius Antoninus (Ela- 

gabalus) Augustus III. 
P. Valerius Eutychianus Comazon II: 

221 974 Gratus Sabinianus. 

Claudius Seleucus. . 

Eodem anno. 
Bassianus Alexianus M. Aurelius Alexan- 
der Caesar. App. e. 

222 975 Imp. Caesar M. Aurelius Antoninus (Ela- 

gabalus) Augustus IV. 
M. Aurelius Alexander Caesar. 

Eodem anno. 
Imp. Caesar M. Aurelius Antoninus (Ela- 
gabalus) Augustus. Occ. e. 
Imp. Cesar M. Aurelius Severus Alex- 
ander Augustus. 

223 976 L. Marius Maximus II. 

L. Roscius iElianus. 

224 977 Claudius Julianus II. 

L. Bruttius Gluinctius Crispinus. 

225 978 FuscusII. 

Dexter. . 

226 979 Imp. Caesar M. Aurelius Severus Alex 

Augustus II. 
Marcellus II. 

227 980 Albinus. 

Maximus. 

228 981 Modestus II. 

Probus. 

229 982 Imp. Csesar M. Aurelius Severus Alex 

Augustus III. 
Cassius Dio II. 

230 983 L. Virius Agricola. 

Sex. Catius Clementinus. 

231 984 . . . Claudius Pompeianus. 

T. Fl. . . Pelignianus. 

232 985 Lupus. 

Maximus. 

233 986 Maximus. 

Paternus. 

234 987 Maximus II. 

(C. Ccelius) Urbanus. 

235 988 Severus. 

Quinctianus. 

Eodem anno. 
Imp. Caesar M. Aurelius Severus Alexan« 
der Augustus. Occ. e. 

It has been considered unnecessary for the objects 
of the present work to continue the Fasti beyond the 
death of Alexander Severus. 



INDEX I. 




NAMES OF CONTRIBUTORS. 



ALEXANDER ALLEN, Ph.D. 

JOHN WILLIAM DONALDSON, M. A., late Fellow of Trin- 
ity College, Cambridge. 

WILLIAM FISHBURN DONKIN, M.A., Fellow of Univer- 
sity College, Oxford. 

WILLIAM ALEXANDER GREENHILL, M.D., Trinity 
College, Oxford. 

BF.NJ. JOWETT, B.A., Fellow of Ea'io.1 College, Oxford. 

CHARLES RANN KENNEDY, M.A., late Fellow of Trin- 
ity College, Cambridge. 

THOMAS HEWITT KEY, M.A., Professor of Latin in 
University College, London. 

HENRY GEORGE LIDDELL, M.A., Student of Christ 
Church, Oxford. 

GEORGE LONG, M.A., late Fellow of Trinity College, Cam- 
sridge. 



JOHN SMITH MANSFIELD, M.A., Fellow of Triuty Cot- 
lege, Cambridge. 

JOHN NARRIEN, Esq., Royal Military College, Sand* 
hurst. 

WILLIAM RAMSAY, M.A., Professor of Humanity n tht 
University of Glasgow. 

ANTHONY RICH, Jun., B.A. 

LEONHARD SCHMITZ, Ph.D., late of the University ol 
Bonn. 

PHILIP SMITH, B.A. 

WILLIAM SMITH, Ph.D. (Editor of the work). 

RALPH NICHOLSON WARNUM, Esq. 

RICHARD WESTMACOTT, Jun., Esq. 

ROBERT WHISTON, M.A., Fellow of Trinity Collego : 
Cambridge. 

JAMES YATES, M.A., F.R.S. 



INDEX II. 



Containing a list of the articles furnished by each of the contributors to the English edition of the work, and arranged undeT 

their respective names in alphabetical order. 



A. Allen. 

Atheneum. 

Acramentum. 

Atthis. 

Auditorium. 

Balatro. 

Barba. 

Bendideia. 

Bibliopola. 

Bibliotheca. 

Bidental. 

Biga. 

Bigatus. 

Cadiskoi. 

Calamus. 

Calculi. 

J. W. Donaldson. 

.rErarii. 

Agrimensores. 

Anacrisis. 

Androlepsia. 

Antomosia. 

Apagoge. 

'A-poaTcuTiov ypa^r). 

Argentarii. 

'Apyjaf ypacprj. 

Astynomi. 

Ateleia. 

Atimia. 

Calendar (Greek). 

Celeres. 

Censores 

Census. 

Choragus. 

Chorus. 

Comitia. 

Comcedia. 

Consul. 

W. F Donkiw 

Music (Greek). 

W. A. Gbeenhill 
Archmter. 
Arquatus. 
Arsenicoru 
Arteria. 
Chirurgia. 
Disetetica. 
Dogmatici. 
Eclectici. 
Empirici. 
Episynthetici. 
Gymnasium (medical uses) 
latralipta. 
latraliptice 
latrosophista 
Medicina 
Medicu* 



Methodici. 

Pathologia. 

Pharmaceutica. 

Physiologia. 

Pneumatici. 

Semeiotica. 

Therapeutica. 

Theriaca. 

B. JOWETT. 

Augur. 

Aulos. 

Auspicium. 

Buccina. 

Centurio. 

Chirographum. 

Civitas (Greek). 

Cleruchi. 

Coena. 

Comes. 

Commentarius. 

Cornu. 

Corvus. 

Crates. 

Crotalum. 

Crux. 

Cymbalum. 

Music (Roman). 

C. R. Kennedy. 

Ecmartyria. 

Embateia. 

'Evoikiov SlKtj. 

Epibole. 

Epiklerus. 

Eranoi. 

'E^ayuyrjs SUrj. 

'E^atpfffew? diKT]. 

Heres (Greek). 

Martyria. 

Nomophylaces. 

Nomos. 

Nomothetes. 

Oath (Greek). 

OiKias 6iKr). 

Parabolon. 

Paracatabole. 

Parakatathece. 

Paragraphe. 

Tlapavoias ypaQrj. 

Ylapavdynav ypa<p>j. 

Parapresbeia. 

Parastasis. 

P<*redroi. 

Pentecoste. 

<t>apndKU)v ypaQtf 

Phasis. 

Phonos. 

<&opas a(f>avous, ntQtinzpivr)s 



<f>8opa twv iXevdepwv. 

Polemarchos. 

Practores. 

Ylpoaywyeias ypacprj 

Probole. 

Probouloi. 

Prodosia. 

IIpO££CT0opaJ 5lK7]. 

Prothesmia. 

Psephos. 

fevSevvpacprjg ypcuprj. 

YevSoKAriTdas ypa<j>r/. 

'PrjTopiKr) ypacprj 

S/cupta titer). 

Sitophylaces. 

Sites. 

H.Ltov SiKrj. ■ 

Sycophantes. 

Sulein. 

Symboleion. 

1,viji66\u)v, and, cikcu. 

Syndicus. 

Synedroi. 

Synegoros. 

Syngraphe. 

Synoecia. 

Tamias. 

Teichopoios. 

Telones. 

Telos. 

Theorica. 

Theoroi. 

Thetes. 

Thiasos. 

Timema. 

Tribus (Greek). 

Tyrannus. 

Xenagoi. 

Xenelasia. 

Hei/ias ypa<l»] 

Xenicon 

Zetetai. 

T. H. Key 
Calendar (Roman). 

H. G. Liddell. 
Amphitheatrum. 
Aquseductus. 
Lampadephoria. 

George Long 
Acceptilatio. 
Accessio. 
Acquisitio. 
Actio. 
Actor. 

Adoption (Greek). 
Adoption (Roman). 
Adulterium. 



Advocatus. 

iEdiles. 

.rElia Sentia Lex. 

Affines. 

Agrarise Leges 

Album 

Alluvio 

Ambitus. 

Appellatio (Roman). 

Aquae Pluviae Arcenda? Act la 

Arra. 

Assertor. 

Assessor. 

Auctio. 

Auctor. 

Auctoritas. 

Banishment (Roman). 

Basilica. 

Beneficium. 

Bona. 

Bona Caduca. 

Bona Fides. 

Bona Rapta. 

Bona Vacantia. 

Bonorum Cessio. 

Bonorum Collatio. 

Bonorum Emptio et Emptor 

Bonorum Possessio. 

Breviarium. 

Calumnia. 

Caput. 

Cautio. 

Centumviri. 

Certi, Incerti Actio. 

Cincia Lex. 

Civitas (Roman). 

Cliens. 

Codex Gregorianus and Ht.« 

mogenianus. 
Codex Justinianeus. 
Codex Theodosianua 
Cognati. 
Collegium. 
Colonia (Romans 
Commissum. 
Commissoria Lex. 
Communi Dividundo Actio 
Commodatum. 
Compensatio. 
Concubina (Roman). 
Confessoria Actio. 
Confusio. 
Constitutiones. 
Cornelia Lex. 
Corpus Juris Civilis. 
Crimen. 
Culpa. 
Curator 

Damni Injuria Actio. 
Damnum. 

1093 



INDEX. 



x amnum Infectum. 

Decretum. 

Dediticii. 

Dejecti Effusive Actio. 

Depoaituin. 

Divortium. 

Dominium , 

Donatio Mortis Causa. 

Donatio Propter Nuptias. 

Donationes inter Virum et Ux- 

orem. 
Dos (Roman). 
Edictum. 

Edictum Theodorici. 
Emancipatio. 
Emphyteusis. 
Empti et Venditi Actio 
Emptio et Venditio. 
Evictio. 

Exercitoria Actio. 
Exhibendum Actio ad. 
Falsum. 
Familia. 

Familiae Erciscundse Actio. 
Fictio. 

Fideicommissum. 
Fiducia. 

Finium Regundorum Actio. 
Fiscus. 

Fcederatae Civitates. 
Fundus. 
Furtum. 
Gens. 

Heres (Roman). 
Honores. 
Imperium. 
Impubes. 
Incestum. 
Infamia. 
Infans. 
Ingenui. 
Injuria. 

Tnstitoria Actio. 
Institutiones. 
Intercessio (1,2). 
Interdictum. 
Intestabiiis. 
Judex. 

Judex Pedaneus. 
Judicati Actio. 
Julia Leges. 
Jure Cessio, in. 
Jurisconsulti. 
Jurisdictio. 
Jus 

Jus iElianum. 
Jus Civile Flavianum. 
Jus Civile Papirianum 
Jussu, Quod, Actio 
Latinitas. 
Legatum. 
Legatus. 
Lex. 

Libertus. 
Litis Contestatio. 
Locatio. 
Magistratus. 
Majestas. 
Manceps. 
Mancipii Causa. 
Mancipium. 
Mandatum. 
Manumissio. 
Manus Injectiq. 
Mutuum. 

Negotiorum Gestorum Actio. 
Nexum. 
Novellas. 
Noxalis Actio. 
Obligationes. 
Occupatio. 

Operis Novi Nuntiatio. 
Orationes Principum. 
Orator. 
Pandectse. 
Patria Potestas. 
Patronus. 
Pauperies. 
Pe-ralatus 
Per Condictionem. 
Per Judicis Postulationem 
Per Pignoris Capionem. 
Pi gnus. 
Plagium. 
Plebiscitura. 
Pcsna. 
Possessio. 
Postliminium. 
Prasdium. 
Prtejudicium. 

1091 



Praes. 

Praescriptio. 
Praetor. 
Provincia. 

Publiciana in Rem Actio. 
Quanti Minoris Actio. 
Quorum Bonorum, Interdic- 
tum. 
Recepta : De Recepto, Actio. 
Redhibitoria Actio. 
Repetundae. 
Restitutio in Integrum. 
Rogationes Liciniae. 
Rutiliana Actio. 
Sectip. 

Senatus Consultum. 
Servitutes. 

Servus (Roman, legal view). 
Societas. 
Successio. 
Superficies. 
Talio. , 

Testamentum 
Thona Lex. 
Tutor. 

Twelve Tables.. 
Vindicatio. 
Vindicta. 
Vis. 

Vis et Vis Armata. 
Universitas. 
Voconia Lex. 
Usucapio. 
Usurpatio. 
Ususfructus 

J. S. Mansfield. 
'Avaujuavj'ou ypa^r). 
, Av8pai:6owv oiktj. 
Antidosis. 
Antigraphy. 
'A0op/tJ?? 8lKJJ- 
Apographe. 
Apoceryxis. 
' AiroXeiipews 8'iktj. 
Apomosia. 
Aporrheta. 
' AiroarauLOV Sl/crj. 
Appellatio (Greek) 
'Apyvpiov Slier}. 
'AcsSeias ypa<p>j. 
'Aorpareta? ypa<pf}. 
AvTonoXias ypa4>7j. 
~Be6ai(!)aE(j>i; oikt}. 
~Biaiu)v Slktj. 
B\d6r)$ Sikt). 
Bov\evg£(j)s ypcupf}. 
KaKijyopiag oikt). mi 
Ka/coT£%viwv dixr). 
Kap-Kov 8iKr). 
Xwptov Sikyj. 
Xpiovs 8iktj. 
Cleteres. 
KXotztjs Slier}. 
Concubina (Greek). 
Kurios. 
Diadicasia. 
Diamartyria. 
Dicasterion. 
Dicastes. 
Dice. 

Eisangelia. 
Endeixis. 
Engye. 
Ephegesis. 
Epidicasia. 
Epitropos. 
Epobelia. 
Graphe. 

'Apirayrjs ypcuprj. 
Aipy/jtoi) ypa<pf). 
'Eraipfjaeus ypa^r}. 
'lepoaovXias ypa<pr). 
"Yftpswg ypcHpfj. 
'XttoSoXt); ypa<p7]. 
AtntovavTiov ypacpf). 
AenrouTparlov ypa(f>r}. 

J. Narrien. 
Army (Greek). 
Army (Roman). 

W. Ramsay. 
Fasti. 
Fetiales. 
Flamen. 
Laciniae. 
Laena. 
Lituus. 
Manipulus 



Ovatio 

Paludamentum. 

Periscelis. 

Pinacotheca. 

Prodigium. 

Saturnalia. 

Sella. 

Spolia. 

Sport ula. 

Stilus. 

Stratores. 

Triumphus. 

Tuba. 

Tympanum. 

Vise. 

Vinum. 

Vitrum. 

Vitta. 

A. Rich. 

Arcus. 

Atlantes. 

Atticurges. 

Basileus. 

Basilica (sc. aedes). 

Baths. 

Bridges. 

Bustum. 

Camera. 

Campus Martius. 

Campus Sceleratus. 

Canalis. 

Capitolium. 

Castellum Aqua?. 

Cella, 

Chalcidicum. 

Chernips. 

Chiramaxium 

Circus. 

Clavis. 

Clavus. 

Clavus Annalis. 

Clavus Gubernaculi. 

Clavus Latus, Augustus 

Clypeus. 

Clitellae. 

Cloaca. 

Cochlea. 

Colossus. 

Columbarium. 

Coma. 

Conditorium. 

Corbis. 

Corbitae. 

Corona. 

Cortina. 

Crypta. 

Cudo. 

Culina. 

Emissarium. 

Entasis. 

Epistylium. 

Fastigium. 

Fornix. 

Hermae. 

L. Schmitz. 
Agrionia. 
'Ayportpag Svcia. 
Agrupnis. 
Aiaceia. 
Aianteia. 
AlyivrjTiov eoprf) 
Aiora. 
Alaia. 
Alcathoia. 
' 'AXsKTpvdvuiv aywv. 
Aloa. 

Amarunthia. 
Ambrosia (festivals). 
Amphiaraia. 
Amphidromia. 
Anakeia. 
Anacleteria. 
Anaxagoreia. 
Androgionia. 
Anthesphoria. 
Antinoeia. 
Apaturia. 
Aphrodisia. 
Apollonia 
Arateia. 
Argent um. 
Ariadneia. 
Arrhephorium. 
Artemisia. 
-Asclepieia. 
Ascolia. 
Boedromia. 
Boreasmoi. 



ilrasideia. 

Brauronia 

Cabeiria. 

Callisteia. 

Carneia. 

Carya. 

Chalceia. 

Chalcioecia 

Chehdonia. 

Chitonia. 

Chloeia. 

Chtham.i, 

Codex. 

Congiariuna. 

Consualia. 

Contubernnl* 

Contus. 

Conventus 

Cophinus. 

Corybantes 

Gorybantica 

Cosmetae. 

Cottabus. 

Cotyttia. 

Covinus. 

Crater. 

Critai. 

Crocota. 

Cronia. 

Ciypteia. 

Culter. 

Daidala. 

Daphnephoria 

Daricus. 

DeikeUstai. 

Delia. 

Delphinia. 

Demetria. 

Diamastigosia 

Dapsephisit. 

Diasia. 

Dictynnia. 

Dies. 

Diipoleia. 

Diocleia. 

Dionysia. 

Dioskouria 

Divinatio. 

Docana 

Donana. 

Ekkletoi. 

Eisiteria. 

Eisphora. 

Elaphebolis 

Eleusinia. 

Eleutheria, 

Ellotia. 

Epangelia. 

Ephebus. 

Ephesia. 

Eponymus. 

Erotia. 

Eumolpidai 

Eupatridai. 

Euthyne. 

Exaugurati: 

Exegetai. 

Exitena. 

Exodia. 

Exomosia. 

Exostra. 

Feriae. 

Fescennina. 

Floralia. 

Forum. 

Galli. 

Gamelia. 

Gausapa. 

Geomoroi. 

Grammateus 

Gymnasium. 

Gymnopaidift. 

Gynaikonow 

xiaoci...^. 

Harmostae. 

Ilerasa. 

Hermae a. 

Hetaerae. 

Hilaria. 

Histrio. 

Hora. 

Horologiura 

Horreum. 

Hospitium. 

Hydriapho. . 

Hyloroi. 

Hyperetes. 

Hyporchen* 

Hyacinthii . 

Inau^urati • 




INDEX, 



Infauia (Greek) 

Inoa. 

Inlcrpres. 

Isthmian Games 

Labyrinthus. 

Laphria. 

Lararium. 

Lautumise. 

Lectica 

Lectus. 

Leiturgia 

Lemniscus. 

Lemuralia. 

Leonideia. 

Lernaea. 

Libellus. 

Libertus (Greek). 

Librator. 

Ligo. 

Lima. 

Logographoi. 

Lycaia. 

adi. 
iiUdi Apollinares. 
Ludi Uapitolini. 
Ludi Circenses. 
Ludi Funebres. 
Ludi Honorarii. 
Ludi Marti ales. 
Ludi Natalitn. 
Ludi Palatini. 
Ludi Piscatorfi. 
Ludi Plebeii. 
Ludi Pontificales 
Ludi Quaestorii. 
Ludi Sieculares. 
Lupercalia. 
Luperci. 
Lustratio. 
Lustrum. 
Lyra. 

Marriage (Roman) 
Martralia. 
Meditrinalia. 
Megalesia. 
Mnnelaeia. 
Mensani. 
Mensis. 
Mensores 
Metageirnat. 
Metoikoi. 
Metrottomi. 
Mimus. 
Missio. 

hliadov diKT). 

Moneta. 

Mounychia. 

Mouseia. 

Musculus. 

Museum. 

Mysteria. 

Navarchus. 

Naucraria. 

Nautodicae. 

Nemean Games. 

Neptunalia. 

Nomen (Greek). 

Nomen (Roman). 

NofiionaTos 6ia<p9opas ypafyfj 

Isota Censoria. 

Notitia Dignitatum. 

Nundinae. 

Oath (Roman) 

Optimates. 

Oraculum. 

Dschophoria 

Pale. 

Palilia. 

Pamboiotia. 

Panathenaca. 

Pancratium. 

Pandia. 

Panegyric. 

Panhellenia. 

Panionia. 

Pantomimus. 

Parasiti. 

Partheniai. 

Patricii. 

Pentathlon. 

Peraueuiunis Duumviri. 

Peregrinus. 

Pergula. 

Persona. 

Plebes. 

Plynteria. 

PomrErium. 

Pontifex 

Portin i* 



Pj torium. 

Pa, eidonia. 

Prijfectus 

Prelum. 

Procouaal. 

Proedrosia. 

Prometheia. 

Proscriptio. 

Protrugia. 

Publicani. 

Pugilatus. 

Pyonepsia. 

Pythian Games. 

Quaestor. 

Regia Lex. 

Regifugium. 

Rex Sacrificulua 

Ricinium. 

Rings. 

Rorarii. 

Sacellum. 

Sacerdos. 

Sacra. 

Sacrarium. 

Sacrificium. 

Sacrilegium. 

Saeculum. 

Salminia. 

Salarium. 

SandaLum 

Sarracum. 

Sartago. 

Satura. 

Scala?. 

Scamnum. 

Scriptura. 

Sculptura. 

Scytale. 

Seisachtheia. 

Senatus. 

Septimontium. 

Ships. 

Socii. 

Statuary. 

Sthenia. 

Syncecia (festival). 

Templum. 

Thalusia. 

Thargelia. 

Theatrum. 

Theophania. 

Theseia. 

Thesmophoria. 

Tholos. 

Tithenidia. 

Titii Sodales. 

Triarii. 

Tribunus. 

Tribus (Roman). 

Tributum. 

Triobolon. 

Vectigalia. 

Ver Sacrum. 

Viaticum. 

Viator. 

Vicesima. 

Vicus. 

Vigintisexviri. 

Vinalia. 

Vinea. 

Unguenta. 

Vol ones. 

Vulcanalia. 

Uxorium. 

Zacoroi. 

P. Smith. 
Aiclon. 

Aleetryomanteia. 
Alica. 
Alima, 

Alimentarii Pueri et Puellae. 
Aliptae. 
Alutai. 
Amanuensis. 
Amma. 

'AnQiKv-tWov Siirag 
Amphora. 
Annales. 
Annona. 
Aretalogi. 
Argyrocopeion. 
Argyraspides. 
Armilustrium. 
Artaba. 
Arura. 
As. 

Aurum. 
Barbitos 
Basanos. 



Cheironomia. 

Cheirotonein. 

Cheme. 

Chcenix. 

Chous. 

Chrysendeta. 

Chytra. 

Cistophorus. 

Concha. 

Congius. 

Cotyla. 

Cubitus. 

Cubus. 

Culeus. 

Cyathus. 

Dolium. 

Extraordinarii. 

Helotes. 

Hortus. 

House (Greek). 

Jugerum. 

Libra or As. 

Ligula. 

Litra. 

Maris. 

Medimnus. 

Metretes. 

Milliare. 

Modius. 

Mystrum. 

Pes. 

Schcenus. 

Scrupulum. 

Sestertius. 

Sextarius. 

Sextula. 

Stadium. 

Stater. 

Taberna. 

Talentum. 

Tetrarches. 

Tiro. 

Toga. 

TribunaL 

Turris. 

Vallum. 

Villa. 

Villicus. 

Uncia (weight). 

Uncia (coin). 

Xestes. 

W SMITk 

Ablegmina. 

Acaina. 

Acapna Ligna. 

Acation. 

Accensi. 

Acclamatio. 

Achane. 

'Akotjv fiaprvpdv 

Acroama. 

Acrolithoi. 

Acrostolion. 

Acroterium. 

Acrothinion. 

Acta Diurna. 

Actia. 

Actuarii. 

Addix. 

Adeia. 

'A&Kuzff irpbg tqv ottjiov ypa<pr,. 

Adlecti. 

Adlector. 

Admissionales. 

Adonia. 

Adoratio. 

Adversaria. 

Adunatoi. 

-3-Mitui. 

jEneatores. 

-Eolipylas. 

.Era. 

.Erarium. 

.Eruscatores. 

JEs (money). 

JEs Circumforaneum. 

..Es Equestre. 

.Es Hordearium. 

JEs Manuarium. 

Agaso. 

Agathoergoi. 

Agele. 

Agema. 

'Aytwoylov Sikij. 

Ager Sanctus. 

Acg-er. 

A emeu. 

Affonalin. 

A^onothetss. 



Agora. 

Agoranonu. 
Agrania. 
Aypaipiov ypa<pi/. 
^Aypdibov iict&aXov yaaiH 
Agraulia. 
Agretai. 
Agriania. 
Agronomi. 
Agurtai. 
AiKias SUtj. 
Aisymnetes. 
Alarii. 

'AAoyi'ou ypa<pfj. 
' Aii6\u>(T£u)s ypa<f>fj. 
Ambrosia. 
Amburbium. 

'AfltXlOV SlKT]. 

Amphiorkia. 

Anaboleus. 

Anacomide. 

'Avaywyrjs 6iKrj. 

' AvbpanoitaixQv ypntrfj. 

Anteambulones. 

Antecessors. 

Antigraphcis, 

Apagaloi. 

'A&arol hpipau 

Aphractus. 

Apodecte. 

ApopLansis. 

Apohora. 

Apohoreta. 

'A7ro0pdo"£j forfpcu 

Apostoleis. 

Apotheca. 

Apotheosis. 

Apparitores. 

Aquarii. 

Area. 

Arcera. 

Archairesii. 

Archeion. 

Archones. 

Ardahon. 

Area. 

Asiarchae. 

Asylum. 

Athletae. 

Atrium. 

Augusta! es, 

Aurum Curt, ri"<"» 

Aurum Lns» «• u. 

Authepsa. 

Autonomi. 

Axones. 

Basileia. 

Bastemt 

Bectiari* 

Bibasio 

Beccs 

2-'Jiaei. 

Bireir** 

Bombyl. • 

Boonai. 

Botulus 

Buxum. 

Byssus. 

Cacosis. 

Caduceus. 

Cadus. 

Caeritum Tabuiw 

Calantica. 

Calathus. 

Calculator. 

Calida. 

C'ampestre 

Campidoctores. 

Canabos. 

Canathron. 

Candela. 

Candelabrum. 

Cantharus. 

Canticum. 

Capsa. 

Cansarii. 

Caracalla. 

Carnifex. 

Carrago. 

Carruca. 

Catalogos. 

KaraXvaeus tov b)n<.v ypapj 

Cataphracti. 

KaracKo-Zfjs ypa<t»j ■ 

Cathedra. 

Caupona. 

C<*ada*. 

Ceroma. 

Cestus. 

Cippua. 

1095 



k I\DEX. 



Ciftta 

Cochlear 

Colonia (Greek) 

Comissatio. 

Commeatus. 

Compitalia. 

Corymbus. 

Cubicularii. 

Cubiculum. 

Oubisteteres 

Culix. 

Curatoies. 

Cursores. 

Cycias. 

Cymba. 

Dactyliotheca 

Damosia. 

Danace. 

Decadouchoi. 

Decarchia. 

Decasmos. 

Deeempeda- 

Decemvin. 

Decimatio. 

Deigma. 

Aeikias yoa</n 

Deipnon 

Delator 

Delphis. 

Demensum 

Demioprata. 

Demopoietos. 

Demosioi. 

Denarius. 

Diabateria. 

Dianomai. 

Aiacpavrj al/xalj. 

Dimache. 

Diota. 

Diphthera. 

Diploma. 

Dipfycha. 

Diribitores. 

Drachma. 

Ducenarii. 

Ducentesima. 

Duplicarii. 

Duumviri. 

Eicoste. 

Eiren. 

Eisagogeis. 

Eleven, the. 

Eliimenio^. 

Erribas. 

Emeriti. 

Emphrouroi. 
Emporium. 
Engktesis. 
Eparitoi. 
Epeunactai. 
• Ephestris. 
Epibatae. 
Epidoseis. 
Epimeletai. 
Episcopoi. 
E pi states. 
Epistoleus. 
Epulones. 
Equiria. 
Equites. 
Equuleus. 
Ergastulum. 
Ericius. 
Eiyc teres. 
EvocsitJ. 
Exeubitores. 
Exetastai. 
Exomis, 
Eabri. 
Fartor. 
Fasces. 
Fascinuin. 
Ferculum. 
Fidiculae. 
Fomacalia. 
Forty, the. 
Frumentarii. 
Fullo. 
Funus. 
Furca. 
Fustuarium. 
Gladiators. 
Gymnesioi. 
Halteres. 
Harpastum. 
Haruspiees. 
Hectici. 
Uellanodicce. 
^p'lenotamije. 

1095 



Hestiasis. 

Heiromnemones. 

Hieropoioi. 

Horoi. 

House (Roman;. 

Interrex. 

Lacerna. 

Larentalia. 

Liber. 

Librarii. 

Lictor. 

Loutron. 

Lucerna. 

Magister. 

Mediastini. 

Murrhina Vasa. 

Navalia. 

Naumachia. 

Novendiale. 

Novi Homines. 

Obeliscus. 

Olympiad. 

Olympic Games 

Opalia. 

Opinatores. 

Orarium. 

Ordo. 

Ornatrix. 

Ostiarium. 

Paean. 

Paenula. 

Pagi. 

Paidonomos. 

Palaestra. 

Palus. 

Par Impar Ludere. 

Paradisus. 

Parasang. 

Paropsis. 

Passus. 

Patrimi et Matrimi. 

Patronomi. 

Pausarii. 

Pecuarii. 

Pedisequi. 

Petaurum. 

Phaselus. 

Phorbeia. 

Pila. 

Pistor. 

Plumarii. 

Pluteus. 

Poculum. 

Pompa. 

Populifugia. 

Poristai. 

Portisculus. 

Portumnalia. 

Posca. 

Praecones. 

Praetoriani. 

Praetorium. 

Primicerius. 

Procurator. 

YlpoGTarrig tov dfiiiov. 

Publilia Lex. 

Publiliae Leges. 

Puteal. 

Pythioi. 

Quadragesima. 

Quadruplatores. 

Quatuorviri Viarum Curanda- 

rum. 
Quinquagesima. 
Quinquatrus. 
Quinquennalia. 
Quinqueviri. 
Quirinalia, 
Redemptot 
Rheda. 
Rhyton. 
Robigalia. 
Rostra. 
Sagmina, 
Sagum. 
Salii. 
Saltatio. 
Salutatores. 
Scapha. 

Semproniae Leges. 
Servus (Greek). 
Servus (Roman, general view). 
Sibyllini Libri. 
Situla. 
Sortes. 
Speculatores. 
Speculum. 
Stationes Fisc .. 
Stationes Murjcipiorum. 
Stator. 



Stola. 

Strena. 

Strophium. 

SutFragium. 

Suggestus. 

Syllogeis. 

Sumtuariae Leges. 

Supplicatia 

Symposium. 

Synthesis. 

Syrma. 

Tabella. 

Tabellariae Leges. 

Tabellarius. 

Tabellio. 

Tabulae. 

Tabularii. 

Tabularium. 

Tagos. 

Taxi arch oi. 

Terminaha. 

Testudo. 

Thensas. 

Tpau/xaroff i< irpovoias }'/)«$>> 

Triumviri. 

Tropaeum. 

Tumultus. 

Tunica. 

Tutulus. 

Valeria Leges. 

Valeriae et Horatite Leges. 

Valeria Lex. 

Velati. 

Venatio. 

Venificium. 

Vestales. 

Umbraculum. 

R. Westmacott. 
Ms ( X a\>c6s). 
Alabaster. 
Bronze. 

R. Whiston. 
Amphictyons. 
Arcbon. 
Areiopagus. 
Argei. 

Arvales Fratres. 
Atellanae Fabulae. 
Banishment (Greek). 
Bceotarch. 
Boule. 
Calones. 
Caput Extorum. 
Career. 
Carmentalia. 
Castra. 
Cenotaphium. 
Cerealia. 
Charistia. 
Coactor. 
Conquisitores. 
Cosmi. 
Cuneus. 
Cuniculus. 
Curiae. 
Decumte. 
Demarcbi. 
Demiurgi. 
Demus. 
Diaitetai. 
Dictator. 
Docimasia. 
Dos (Greek). 
Ecclesia. 
Enechyra. 
Ephetai. 
Ephori. 
'K\ovXrjg SUrj. 
Gerousia. 
Interest of Money. 
Marriage (Greek" 
Pelatai. 
Penestai. 
Perioeci. 
Phylarchi. 
Phylobasileis. 
Frytaneion. 
Scribae. 
Stipendiarii. 
Stipendium. 
Strategos. 
Syssitia. 
Tragoedia. 
Trierarchia. 

R. N. VYORJTJM. 
Colores. 
Painting. 



J. JTaTM 

Abacut 

AM\a. 

Accubita. 

Acerra. 

Acetabulr m 

Acinaces. 

Aclis. 

Acus. 

Albus Gal eras. 

Ale a. 

Amentum. 

Amictus. 

'AM^tVpu/zvot vntg- 

Ampulla. 

Amphyx. 

Amuletum. 

Ancile. 

Ancora 

Anquisitio. 

Antse. 

Antefbca. 

Antenna. 

Antepagmenta. 

Antlea. 

Antyx. 

Apex. 

Aplustre. 

Ara. 

Aratrum. 

Arcus TriumpLataa 

Aries. 

Arma. 

Armilla. 

Asbestus. 

Ascia. 

Asilla. 

Astragalus. 

Babylonicum. 

Baculus. 

Balteus. 

Baphium. 

Bascauda. 

Batillus. 

Baxa. 

Birrus. 

Braccae. 

BuUa. 

Calamistmm. 

Calcar. 

Calceus. 

Caliga. 

Candys. 

Canephorus. 

Capistrum. 

Capulus. 

Carchesium. 

Cardo. 

Carpentum. 

Caryatis. 

Catapirater. 

Cataracta. 

Cateia. 

Catena. 

Catrinos. 

Causia. 

Cerevisia. 

Ceruchi. 

Cetra. 

Cheniscus. 

Cheiridota. 

Chlamys. 

Cilicium. 

Circinus. 

Cisium. 

CoaVestis. 

Colum. 

Columna. 

Conopeum. 

Corytus. 

Cothurnus. 

Crepida. 

Cucullus. 

Currus. 

Dentifriciun 

Delator. 

Diadema. 

Discus. 

Dolabra. 

Dorsuariu8 

Ellychniua 

Emblema. 

Endromis. 

Ephippium 

Esseda. 

Expeditua. 

Falx. 

Fascia. 

Fax. 

Feminalia 



INDEX. 



Fibula 

Fictile 

Fimbriae. 

Flabellum. 

Flagrum. 

Focus. 

Follis. 

Forceps. 

Forfex. 

Forma. 

Fornax. 

Frenum. 

Fritillus. 

F'uiiale. 

Funambulus- 

Funda. 

Fuscina. 

Fusus. 

Gaesum. 

Galea. 

Gladius. 

Gubernaculum 

Harmamaxa. 

Harpago. 

Hasta. 

Helepolis. 

Hippoperae. 

Hydraula. 

Janua. 

Inauris. 

Incitega. 

Incunabula 

Incus. 

Infula. 

Jnsigne. 

Instita. 

Irpex. 

Jugum. 

Lanx. 

Later. 

Laterni. 

Latrunculi. 

Lectisternium. 



Libra. 

Limbus. 

Linea. 

Lodix. 

Lope. 

Lorica. 

Lupus Ferreus. 

Macellum. 

Malleus. 

Manica. 

Mansio. 

Mantele. 

Marsupium. 

Mazonomus. 

Mensa. 

Mola. 

Monile. 

Mortarium. 

Mystax. 

Nebris. 

Nix. 

Nodus. 

Norma. 

Nudus. 

Ocrea. 

ffinophorum. 

Olla. 

Opsonium. 

Oscillum. 

Paedagogus. 

Pala. 

Pallium. 

Panoplia. 

Paragauda. 

Paries. 

Parma. 

Pastophorus. 

Patera. 

Patina. 

Pecten. 

Pedica. 

Pedum. 

Pegma. 



Pellis. 

Pelta. 

Peplum. 

Pera. 

Pero. 

Perpendiculum 

Pertica. 

Petorritum. 

Phalanga. 

Pbalera. 

Pharetra. 

Pharos. 

Pilentum. 

Pileus. 

Plaustrum. 

Porta. 

Psycter. 

Pugio. 

Pulvinar. 

Pyxis. 

Raster. 

Redimiculum. 

Regula. 

Retis. 

Rudens. 

Runcina. 

Rutrum. 

Sagitta. 

Salinas. 

Salinum. 

Sambuca. 

Sarculum. 

Sceptrum. 

Scutum. 

Securis. 

Sericum. 

Serra. 

Serta. 

Sica. 

Signa Militaria. 

Siparium. 

Sistrum. 



Soccut 

Solea. 

Spira. 

Subligaculora 

Syrinx. 

Taeda. 

Talaria. 

Talus. 

Tapes. 

Tegula. 

Tela. 

Tessera. 

Throuos. 

Thyrsus. 

Tiara. 

Tibia. 

Tintinnabulum. 

Torculum. 

Tormentum. 

Torques. 

Torus. 

Tribula. 

Tribulus. 

Triclinium. 

Tripos. 

Trochus. 

Trua. 

Trutina. 

Turibulum. 

Vannus. 

Udo. 

Vehes 

Velum. 

Venabulum . 

Virga. 

I'rna. 

Zona. 



I 



Libuma. 

Linter. 

Malus. 



J. W W. 



INDEX III. 



CONTRIBUTIONS BY THE AMERICAN EDITOR. 



Abaculus. 

Abies. 

Abiga. 

Abramis. 

Abrotouum. 

Absinthium. 

Acacalis. 

Acalethe. 

Acantha. 

Acanthias Galeos. 

Acanthis. 

Acanthus. 

Acanthyllis 

Achalnes. 

Achates. 

Acherdus. 

Acherols. 

Achetas. 

Achilleos. 

Acipenser. 

Acone. 

Aconitum. 

Acontias. 

Acorus. 

Acratophorur^ 

Acroasis. 

Acropodium. 

Acr^stichi* 

Acte. 

Adamas. 

Adarkcs. 

Adi anion 

Adonis. 

Aedon. 

/Egyptilla. 

Aeizoon. 

^sculus. 

A€tites. 

A§tos. 

Agallochon. 

A.garicon. 

Agasseus. 

HZ 



Ageraton. 

Agnus. 

Agrimonia. 

Agriophyllon. 

Agrostis. 

Aigeiros. 

Aigithalos. 

Aigilops. 

Aigipyros. 

Aigothelas. 

Aigypios. 

Aigolios. 

Aithnia. 

Ailouros. 

Aimatites. 

Aimorrhous. 

Aira. 

Aix. 

Alauda. 

Alee. 

Alcea. 

Alcibiadium 

Alga. 

Alisma. 

Allium. 

Alnus. 

Alo*. 

Alopecias. 

Alopecis. 

Alopecurus 

Alsine. 

Altercum. 

Alypon. 

Alysson. 

Alphestes. 

Amaracus. 

Amaranthus. 

Amethystus. 

Amia. 

Amianthus. 

Ammi. 

Ammodytes. 



Ammoniacum. 

Ampelitis. 

Ampeloprasum. 

Amphisbama. 

Amomum. 

Amygdalus. 

Anagallis. 

Anagyris. 

Anas. 

Anaxuris. 

Anchusa. 

Andraphaxys. 

Andrachne. 

Androdamas. 

Androsaces. 

Androsssmon. 

Anemone. 

Anethum. 

Anguilla. 

Anisum. 

Anonis. 

Anser. 

Antacaeus. 

Anthemis. 

Anthemum. 

Anthericus. 

Anthias. 

Anthos. 

Anthrax. 

Anthrakion. 

Anthrene. 

Anthyllis. 

Antipathes. 

Antirrhinon. 

Aparine. 

Apate. 

A phace . 

Apharce. 

Aphia. 

Apiastellum. 

Apiaster. 

Apion. 



* The full nune of this contributor is not given in the English edition. 



Aplos. 

Apis. 

Apium. 

Apocynon. 

Aporrhaide8. 

Apus. 

Aquila. 

Arabica. 

Arachne. 

Arachidna. 

Aracus. 

Arbutum. 

Arbutus. 

Arctos. 

Ardea. 

Argemone. 

Argentum Vivum. 

Argilla. 

Argitis. 

Argyritis. 

Ana". 

Arion. 

Arisarum. 

Aristolochia. 

Armeniaca Mala. 

Armenium. 

Armoracia. 

Arnabo. 

Arnoglossus 

Aron. 

Arsenicon. 

Asarum. 

Asbestos II. 

Ascalabotes 

Ascaris. 

Ascion. 

Asclepias 

Ascyron 

Asilus. 

Aspalathus. 

Aspalax 

Asparagus 



1097 



INDEX. 



/tspnodelus. 

Aspis. 

Asplenium 

Assius Lapis 

Astacus. 

Aster. 

Aster Atticus 

Asteria 

Astrios. 

Astur. 

Astuico. 

Atherina. 

Atractylis 

Atfvagen. 

Att3lebus. 

Avellana N ^x. 

Augites. 

Aulopias. 

A.usteralis. 

Autachates. 

Baccar. 

BalsF.xa. 

Balanus. 

Balerus. 

Ballote. 

Balsamum. 

Bambacion. 

Baptes. 

Basaltes. 

Basanites Lapis 

Basiliscus. 

Batis. 

Batos. 

Batrachium. 

Batrachus. 

Bdella. 

Bdellium. 

Bechion. 

Belone. 

Berberi. 

Berricocca 

Beryllus. 

Beta. 

Bettonica. 

Bison. 

Bitumen. 

Blatta. 

Blennus. 

Ble'on. 

Bocdl. 

Boit^s. 

Bolboi. 

Bom^ylius. 

Bona^sus. 

Bos. 

Boscas. 

Bos M'arinus 

Bostrychites. 

Brassica. 

Brathy. 

Bromos. 

B~ucus. 

Bryon. 

Bryonia. 

Bubalis. 

Buceras. 

Buglossa. 

Bumamma. 

Bunias. 

Bunion. 

Buprestis 

Butyrum. 

Buxus. 

Byblus. 

Oacalia. 

Cactus. 

Cadmeia. 

Csecubum Vinum 

Caepa. 

Calaminthe 

KaXapos apwuaTiKdi 

KuXa/ios (ppaYlxiTqs- 

lidXa/xos ahh]TiK6s- 

KaXa/xos b vaoros. 

KaAa/^oj b 'Iv^ikSs. 

Calidris. 

Callionymus 

Camelopardali3. 

Camelus. 

Cammarus. 

Cancamon. 

Canis. 

Cannabis. 

Cantharis. 

Cantharus II ., Ill 

Caper. 

Caphura 

Capnios. 

Capparis 

C'apra. 

1098 



Caprea. 

Caprificatio. 

Caprificus. 

Capros. 

Carabus. 

Carbunculus. 

Carcharias. 

Carcinium. 

Carcinus. 

Cardamine. 

Cardamomum. 

Cardamum. 

Cardvelis. 

Carduus. 

Careum. 

Carex. 

Caris. 

Carota. 

Carpesium. 

Carpinus. 

Caryon. 

Caryophyllon. 

Casia. 

Castanea. 

Castor. 

Catananke. 

Cataractes. 

Catoblepas. 

Catochites. 

Caucalis. 

Ceblepyris. 

Cedrus. 

Celastrum. 

Cenchris. 

Cenchros. 

Centaures. 

Centriscus. 

Centrite. 

Centromyrrhine. 

Cepsea. 

Cephalus. 

Cephen. 

Cepphos. 

C eradiates. 

Cerastes. 

Cerasus. 

Ceratia. 

Ceraunion. 

Cercis. 

Cercopithecus. 

Cerevisia. 

Cerintba. 

Cerussa. 

Cerylus. 

Ceryx. 

Cestrum. 

Chalbane. 

Chalcanthus. 

Chalcis. 

Chalcitis. 

Chalcos. 

Chalcophonus. 

Cbalcosmaragdus. 

Chalybs. 

Chamsacte. 

Chamaecerasus. 

Chamaedrys. 

Chamaeleon. 

Chamamielon. 

Chamaepitys. 

Chamelaa. 

Charadrius. 

Chelidon. 

Chelidonium. 

Chelone. 

Chenalopez. 

Chenopodium. 

Chernites. 

Chersydrus. 

Cbia Terra. 

Chium Marrnor. 

Chium Vinum. 

Chloreus. 

Chloris. 

XoTpos iroT&nios. 

Chromis. 

Chrysalis. 

Chrysantbemum 

Chryselectrum. 

Chryselectrus. 

Chrysites. 

Chrysitis. 

Chrysocolla. 

Chrysocome. 

Chrysolithus. 

Chrysomelum. 

Chrysophrys. 

Chrysopis. 

Chrysoprasi us Lapis. 

Cicada. 



Cici. 

Cirhex 

Cimolia Terra 

Cinara. 

Cinnabaris. 

Cinnamomum. 

Ciris. 

Cirsium. 

Cis. 

Cissa. 

Cisseris. 

Cissos. 

Cisthus. 

Citrus. 

Clematis. 

Clinopodium. 

Clupea. 

Clymencii. 

Cneorum. 

Cnicus. 

Cnips. 

Cnipologus. 

Cocalis. 

Coccones. 

Coccum. 

Coccygea. 

Coccymelea. 

Coccyx. 

Cochlea. 

CoKx. 

Colchicum. 

Colocasia. 

Colocyntha. 

Colocynthis. ' 

Colias. 

Colotes. 

Coloutea. 

Coluber. 

Comaros. 

Combretum. 

Come. 

Concha. 

Conchylium. 

Coneion. 

Conger. 

Conops. 

Convolvulus. 

Conus. 

Conyza. 

Coracinus. • 

Corallium. 

Corallis. 

Corax. 

Corchorus. 

Cordylus. 

Coriandrum. 

Coris. 

Cor one. 

Coronopus. 

Corruda. 

Corylus. 

Cossyphus. 

Costum. 

Cotinos. 

Cotoneum Malum. 

Cottua. 

Cottyphus. 

Cotyledon. 

KovKio<p6pov SsvSpov. 

Crangon. 

Crania. 

Crataegus. 

CrateJgonon. 

Creta. 

Crex. 

Crimnus. 

Crinanthemum. 

Crios. 

Crocodilus. 

KpoK68ti\os x^ oaai °S- 

Crocodeilium. 

Crocus. 

Crocottas 

Cromyon. 

Croton. 

Crystallus. 

Cucumis. 

Cucurbita. 

Culex. 

Cuni cuius. 

Cunila. 

Cupressus. 

Curma. 

Curnea. 

Cyclaminus. 

Cycnus. 

Cydonium Malum. 

Cynocephali. 

Cynoglossum. 

Cynocrambe. 



Cyaomyia. 

CynDra'istes. 

Cynorodon. 

Cynosbatum. 

Cynops 

Cyperus. 

Cyprus. 

Cytisus. 

Dacrydion. 

Dactyli. 

Damasonium. 

Daphne. 

Daphnoides. 

Dascillus. 

Dasypus. 

Daucus. 

Deiphis. 

Delphinium. 

Dendrachates. 

Dendrolibanus. 

Asvdpvtbla Ktpdriv* 

Aidg avdos. 

Diospyrus. 

Diphryges. 

Dipsacus. 

Dipsas. 

Donax. 

Dorcas. 

Dorychnium 

Draco. 

Dracontium. 

Drepanis. 

Dromedarius. 

Dryinus. 

Dryocalaptes. 

Dryopteris. 

Drypis. 

Ebenus. 

Echenei's. 

Echinus. 

Echis. 

Echium. 

Elaia. 

Elaiagnus. 

Elaiomeli. 

Elaiochrysus. 

Elaios. 

Elaioselinon. 

Elaphoboscus. 

Elaphus. 

Elate. 

Elatine. 

Electrum. 

Eledone. 

Elelisthacus. 

Elephas. 

Elmins. 

Elops. 

Empetrum. 

Enhydrus. 

Entoma. 

Ephemeron 

Epimelis. 

Epiolus. 

Epipaetis. 

Epithymon. 

Equus. 

Erebinthus. 

Eretria Terra. 

Erica. 

Erinnus. 

Erinus. 

'TLpiocpSpov tievSpat 

Erodius. 

Eruca. 

Ervum. 

Eryngium. 

Erythrodanum. 

Erythropus. 

Erythronium 

Escarus. 

Eulai. 

Eupatonum. 

Faba. 

Fagus. 

Far. 

Faselus. 

Felis. 

Fel Terns. 

Ferula. 

Ferulago. 

Ficus. 

Filix. 

Foenum Graecum 

Fragum. 

Fraxinus. 

Fungus. 

Gagates Lapis. 

Galactites Lapis. 

Galaxias Lapis 



TNDEX. 



Gate. 

TaXeds acT7]oia(,. 

TaXeos kvcov. 

TaXeds Xdog. 

TaXeos 'F65io(. 

Galiopsis. 

Galium. 

Gall us. 

Genista. 

Gentian a. 

Geranium. 

Geranos. 

Geteium. 

Gephyllis. 

Geum. 

Gingidium. 

Ginnus. 

Gith. 

Gladiolus. 

Glans. 

Glastum. 

Glaucium. 

Glaueus. 

Glaux. 

Glechon. 

Glis. 

Glottis. 

Glycyrrhiza. 

Glycy maris. 

Glycyside. 

Gnaphalium. 

Gnaphalus. 

Gobius. 

Gossipion. 

H*edus. 

Haemachates. 

Haemadoron. 

Haematites. 

Halcyon. 

Haliaeetus. 

Ilalicacabum. 

Halinus. 

Hedera. 

Hedyosmus. 

Hedysarum. 

Helenium. 

Heliotropium. 

Heleborus. 

Heleborine. 

Helmins. 

Helxine. 

Hemeris. 

Hemerocalles. 

Hemerocallis. 

Hepatis. 

'HpaKXela XiOog 

Hermodactylus. 

Herpyllus. 

Hesperis. 

Hieracion. 

Hierax. 

Hierobotome. 

Himantopus. 

Hipparchus. 

Hippelaphus. 

Hippocampus. 

Hippolapathum. 

Hippomanes. 

Hippomarathrum 

Ilippophals. 

Hippophastum. 

Hippopotamus. 

Hipposelinon. 

Ilippouris. 

Hippurus. 

Hirundo. 

Hyacinthus. 

Hyaloeides. 

Hydrargyrus. 

"YXr/fid ti. 

Hyoscyamus. 

Hj-pericum. 

Hypoglosson. 

Hypolals. 

Hyssopus. 

Hystrix. 

lasione. 

Iaspachate8. 

laspis. 

Ibis. 

Ichneumon. 

Indicum. 

Inguinale. 

Intubura 

Inula. 

Ion. 

Ionia. 

(phyoiv 

Ips. 

IrU 



Isalis. 

Isopyron, 

Juncus. 

Juniperua. 

Jusquianus. 

lynx. 

Labrax. 

Labrusca. 

Lactuca. 

Ladanum. 

Lagopus. 

Lagopyrus. 

Lagos. 

Aayoi? SaXuTTiGi- 

Lamia. 

Lampsane. 

Lapathum. 

Larus. 

Latax. 

Latos. 

Laver. 

Legumen. 

Leimonium 

Leiobatos. 

Lemna. 

Lemnia Terra. 

Leo. 

Leontopetron. 

Leontopodium. 

Leopardus. 

Lepas. 

Lepidium. 

Lepis. 

Leucacantha. 

Leucas. 

Leuce. 

Leucoion. 

Libanotis. 

Libanotus. 

Lichen. 

Ligusticum. 

Ligustrum. 

Lilium. 

Linospartum. 

Linospermum. 

Linum. 

Linum Vivum. 

Liparaeus Lapis. 

Lithargyrus. 

Lithospermum. 

Lolium. 

Lonchitis. 

Lycapsus. 

Lychnis. 

Lychnites. 

Lycium. 

Lycopsis. 

Lydius Lapis. 

Lyra. 

Lysimachium 

Macer. 

Magnes. 

Magnesius Lapis. 

Magudaris. 

Maia. 

Mainis. 

Malabathrum. 

Malacha. 

Malacia. 

Malaeocrancu.1 

Malinothalle. 

Malthe. 

Maloa. 

Malum. 

Mandragoras. 

Mantichora. 

Mantis. 

Marathrum. 

Margarita. 

Marmor. 

Marrubium. 

Mastiche. 

Medica. 

Medica Mala. 

Medion. 

Melampyron. 

Melancranis. 

Melanion. 

Melanteria. 

Melanthion. 

Melanurus. 

Melea. 

Meleagris. 

Melia. 

Melia Terra. 

Melilotus 

Melimela. 

Meline. 

Mclis. 

Melissa. 



Melissophyllon. 

Melolonthe. 

Melopepon. 

Memaiculoy 

Menanthus. 

Merops. 

Mespile. 

Meum. 

Milax. 

Milos. 

Miltos. 

Minium. 

Minthos. 

Misy. 

Molybdaena. 

Molybdos. 

Morea. 

Mormyrus. 

MdpoxOos XlOos- 

Moschus. 

Muraena. 

Mus. 

Musmon. 

Mustela. 

Myagrum. 

Myax. 

Myliae. 

My ops. 

Myosotis. 

Myrica. 

Myrmex. 

Myrus. 

Mysticetus. 

Myxon. 

Myzon. 

Napy. 

Narcissus. 

Nardus. 

Narce. 

Narthex. 

Nautilus. 

Nebrit »s. 

Nepenthes. 

Nerion. 

Nerites. 

Nitrum. 

Noumenius. 

Nycteris. 

Nycticorax. 

Nymphaea. 

Ochne. 

Ochra. 

Ochrus. 

Ocimoeides. 

Ocimum. 

OS. 

CEnanthe. 

CEnas. 

Oenothera. 

ffistrus. 

Oliva. 

Ololygon. 

Olostion. 

Olyra. 

Omphex. 

Onitis. 

Onobrychis. 

Onos. 

Onosma. 

Onyx. 

Opalus. 

"O0t? SaXdmos. 

Ophites. 

Opobalsamum. 

"Otto? M/jSiko;. 

Opsianos. 

Orchilus. 

Orchis. 

Oreichalcum. 

Oreoselinum. 

Origanus. 

Orobanche. 

Orobos. 

Orospiros. 

Ortygometra. 

Ortyx. 

Oryx. 

Oryza. 

Ostracodenna. 

Ostreum. 

Ostrites. 

Ostryx. 

Otis. 

Ovis. 

Padus. 

Paederos. 

Pafionia. 

Panicum. 

Panthera. 

Papaver. 



Papil o. 

Papyras. 

Pardalis, I., II. 

Pardalos. 

Pardion. 

Pareias. 

Parium Marmor 

Parnops. 

Paronychia. 

Parra. 

Parthenion 

Passer. 

Pavo. 

Pausia. 

Peganon. 

Pelamys. 

Pelargus. 

Pelecan 

Pelecinus. 

Peleias. 

Pelorias. 

Penelops. 

Penia. 

Pentaphyllon. 

Pentelicum M3je»s 

Peperi. 

Peplis. 

Perca. 

Percnopterus 

Percnus 

Perdicion. 

Perdix. 

Periclymenon. 

Peristera 

Peristereon. 

Persaea. 

Persica Mala. 

Phagrus. 

Phacos. 

Phalaena. 

Phalangion. 

Phaselus. 

Phasganon. 

Phasianos 

Phasiolus. 

Phassa. 

Phellus. 

Phillyrea. 

Philyra. 

Phleos. 

Phlomos. 

Piilox. 

Phoca. 

Phocaena. 

Phosnicopteru* 

Phoenicurus. 

Phoenix. 

Phou. 

Phoxinus. 

Phrygius Lap:' ? 

Phrynos. 

Phtheir. 

Phycis. 

Phycus. 

Phyllitis. 

Physalus. 

Picus. 

Pilos. 

Pinna. 

Pinnophylax 

Pinus. 

Piper. 

Pissasphalles 

Pistacia. 

Pithecus. 

Pityocampe 

Pitys. 

Platanus. 

Plocimos. 

Plumbago. 

Plumbum. 

Pnigitis. 

Pofi. 

Poecilis. 

Pcecilus. 

Prasites Lapis 

Prasium 

Prasocurts 

Prason 

Prester 

Prinos. 

Pristis 

Prournnos. 

Prununi. 

Prunus. 

Psar. 

Psen. 

PsAta. 

Vcv&ris Hndpayhi. 

Pseudobounium. 

1099 



INDEX. 



Pseudodictamnuis 

Psimmythion. 

Psittacus. 

Psylla. 

Psyllion. 

Psylon. 

Ptarmice. 

Ptelea. 

Pteris. 

Fternix. 

Pycnocomcu. 

Pygargus. 

Pygmaeus. 

Pygolampis. 

Pyrethrum. 

Pyrilampis. 

Pyromachus Lapis. 

Pyrrhulas. 

Pyrus, I., II. 

Pyxus. 

Raia. 

Rana. 

Ranunculus. 

Raphanus. 

Rha. 

Rhamnus. 

Rhaphanis. 

Rhaphanos. 

Rhine. 

Rhinoceros. 

Rhodon. 

Rhoea. 

Rhombus. 

Rhus. 

Rhyta. 

Rhytros. 

Robur. 

Rosa. 

Rosmarinus. 

Rubeta. 

Rubrica. 

Saccharum. 

Sagapenum. 

Salamandra. 

Sal Ammoniacum. 

Salpe. 

Salpinx, I., II. 

Samia Terra. 

Samius Lapis. 

Sampsychon. 

Sandaracha. 

Sandix. 

Sautalon. 

Sapphirus. 

Sarda. 

Sardonyx. 

Sat3 r rion, I., II. 

Saurus, I., II. 

Saxifiigum. 

Scamm^nia. 

Scandix, 



Scarus. 


Sphendamnps. 


Scepanos. 


Sphex. 


Scepinos. 


Sphyraena. 


Schinos. 


Spina. 


Schistus Lapis. 


Spiza. 


Schceniclus. 


Spodias. 


Scho3nus. 


Spondyle. 


Sciana. 


Spondylus. 


Scilla. 


Spongia. 


Sciurun 


Stacte. 


Scolopax 


Stannum. 


Scolopendra. 


Stibium. 


Scolopendrion. 


Stimmi. 


Scolopia. 


Stcebe. 


Scolymus. 


Stcechas. 


Scombros. 


Stomoma. 


Scops. 


Stratiotes. 


Scordium. 


Strix. 


Scorodon. 


Strombus. 


Scorodoprason. 


Stronthion. 


Scorpio, II., III., IV 


Strontho3. 


Scorpioeides. 


Hrpovddg fisyaKi; 


Scylium. 


Strychnus. 


Scytale, II. 


Stypteria. 


Selinon. 


Styrax. 


Serpens. 


Suber. 


Serpyllum. 


Succinum. 


Ses. 


Sycalis. 


Sesamum. 


Sycaminos. 


Seseli. 


Syce. 


Sicys. 


Sycomoros. 


Side. 


Syenites Lapis. 


Siderites Lapis. 


Sulphur. 


Sideros. 


Symphyton. 


Sigillata. 


Sus. 


Sil. 


Tabanus. 


Siler. 


Taenia. 


Silex. 


Talpa. 


Silphium. 


Tanus. 


Silurus. 


Taos. 


Simia. 


Tarandus. 


Sinapi. 


Taurus. 


Sinopica Terra. 


Taxus. 


Sion. 


Telephion. 


Sirius. 


Telis. 


Sisarum. 


Tenthredo. 


Sisymbrium. 


Terebinthus. 


Sisyrinchion. 


Teredo. 


Sitta. . 


Testudo, II. 


Smaragdus. 


Tetrix. 


Smaris. 


Tettigometra. 


Smilax. 


Tettix. 


Smiris. 


Teuthis. 


Smyrna. 


Teuthos. 


Solea, II. 


Teutlos. 


Solen. 


Thalassocrambe . 


Sorbum. 


Thalictron. 


Sorex. 


Thapsia. 


Sparganion. 


Thebaicus Lapis. 


Spartum. 


Theion. 


Sphacelos. 


Thelycraneia. 



Thelypteris. 

Thelyphonoa 

Thel'mos. 

Thos. 

Thraupis. 

Thraupalus 

Thridax. 

Thridacine. 

Thrissa. 

Thus. 

Thya. 

Thyites Lapis 

Thymallus. 

Thymbra. 

Thymelaea. 

Thymus. 

Thynnus. 

Tigris. 

I'lKTOl X'lOoi. 

Tilia. 

Tiphe. 

Ti thymallus. 

Topazos. 

Tordylion. 

Tragacantha 

Tragi on. 

Tragopogon. 

Tragoriganon 

Tragos, I., II. 

Tribuius, I., U 

Trigla. 

Tripolion. 

Triticum. 

Trochilus. 

Troglodytes. 

Trygon, I., II. 

Tymphaica Tern 

Typhe. 

Vaccinium. 

Vicia. 

Viola. 

Viscum 

Vitis. 

Ulmus. 

Ulva. 

Uranoscopus 

Urus. 

Vulpes. 

Xanthe 

Xanthion. 

Xanthobalan" 

Xiphias 

Xiphion 

Xyris. 

Zeia. 

Zingiberis 

Zoophyta. 

Zygasna. 

Zygia. 

Zythus. 



INDEX IV. 





INDEX RAI SONNE. 


I. PRIVATE LIFE. 


Mola. 


Mazonomus 




Mortarium. 


Nix. 


1. AMUSEMENTS. 


Tela. 


Opsonium. 


Abacus, VII. 




Pantomimus. 


Aoroama. 


3. ENTERTAINMENTS, FOOD 


Paras iti. 


Alea. 


&c. 


Paropsis. 


Calculi. 


Aiclon. 


Posca. 


Fritillus. 


Alica. 


Rhyton. 


Latrunculi. 


Alima. 


Serta. 


Par Impar Ludere. 


Ambrosia. 


Symposium. 




Annoni. 


Unguenta. 


2. DOMESTIC ECONOMY. 


Apophoreta. 




Acapna Ligna. 


Aretalogi. 


4. DRESS, ORNAl 


Acapnon Mel. 


Balatro. 


Abolla. 


Atramentuni. 


Botulus (aXXas). 


Acus. 


Baphium. 


Calida. 


Albus Galerus. 


Candela. 


Caupona. 


Amentum. 


Cochlea, II. 


Cerevisia. 


Amictus. 


Culina. 


Chrysendeta. 


Ampyx. 


Demensum. 


Coena. 


Apex. 


Ellychniv.m. 


Commissatio. 


Armilla. 


Fax. 


Corona Convivialis. 


Babylonicum. 


Forma. 


Cortina, II. 


Baculus. 


?crnale 


Crater. 


Barba. 


Fusus. 


Deipnon. 


Baxa. 


^uguro, I. 


Lanx. 


Birrus. 


1100 







Bracae. 

Bulla. 

Calamistr* 

Calantica. 

Calceus. 

Campestr* 

Candys. 

Caracalla. 

Catena. 

Causia. 

Cestus, II 

Cheirodota 

Chlamys. 

Cilicium. 

Clavus Lat«i^. 

Clavus Angwstc* 

Coa V^stis 

Coma. 

Corymbus. 

Cothurnus. 

Crepida. 

Crocota. 

Cucullus. 

C'udo. 

C'yclas. 

Dactyl iotheca 



INDEX HAISONNE. 



UentifVccium. 

Diadema. 

AicKpavvj ci^nra 

Diphthera. 

Embas. 

Endromls. 

Ephestria. 

Exomis. 

Fascia. 

Feininalia 

Fibula. 

Fimbria. 

Flabellum* 

Focale. 

Gausapa. 

Inauris. 

Iafula. 

Instita. 

Lacerna 

Latinise. 

L'jena. 

Lemniscus. 

Limbus. 

Lope. 

Manica. 

Marsupium. 

Monile. 

Mustax. 

Nebns. 

Nodus. 

Nudus. 

Orarium. 

Paenula. 

Pallium. 

Paragauda 

Pecten. 

Pedica 

Pellis. 

Peplum. 

Pera. 

Penscelis 

Pera 

Pileus. 

Redimiculum 

Ricinium. 

Rings. 

Sandalium. 

Sceptrum. 

Sericum. 

Serta. 

Soccus. 

Solea. 

Stola. 

Strophium. 

Subligaculum, 

Synthesis'. 

Talaria. 

Tiara. 

Toga. 

Torques. 

Tunica. 

Tutulus. 

Udo. 

Velum. 

Vitta, I. 

Umbraculum. 

Zona. 

5. FURNITURE, &C 

Abacus, VIII. 

Accubita. 

Arcera. 

Candelabrum. 

Capsa. 

Cathedra. 

Cheiromaxium 

Conopeum. 

Cophinus. 

Corbis. 

Ferculum. 

Incitega. 

Incunabula. 

Laterna. 

Lectica. 

Lectus. 

Lc/dix. 

JiUcerna. 

Mantele. 

Mensa. 

Murrhina Vasa 

Psycter. 

Pulvinar. 

Pyxis. 

Salinun. 

Scami am. 

Sella. 

Speculum 

Tapes 

Thrnnus 



T.ntinnabulum. 
Torus. 
Tripos. 
Velum. 

6. UTENSILS, TOOLS, &C. 

Acetabulum. 

'Api^tAruTrtAAov Senas. 

Amphora. 

Ampulla. 

Ansa. 

Ardalion. 

Ascia. 

Asilla. 

Aunim. 

Authepsa. 

Bascauda. 

Batillus. 

Bicos. 

Bombylius. 

Cadus. 

Calathus. 

Cantharus. 

Carchesium. 

Chytra. 

Cochlear. 

Colum. 

Cortina, I. 

Culix. 

Colter. 

Diota. 

Dolabra. 

Falx. 

Fictile. 

Follis. 

Forceps. 

Forfex. 

Incus. 

Latema. 

Ligo. 

Lima. 

Line a. 

Malleus. 

(Enophorum. 

Olla. 

Pala. 

Patera. 

Patina. 

Perpendiculum 

Poculum 

Psycter. 

Pyxis. 

Raster. 

Regula. 

Rete. 

Rhyton. 

Runcina. 

Salinum. 

Sartago. 

Securis. 

Serra. 

Situla. 

Trua. 

Trutina. 

7. WRITING, WRITING MATE- 
RIALS, &C. 

Atramentum. 

Calamus. 

Cheirographum. 

Commentarius. 

Diploma. 

Diptycha. 

Libellus, III., IV. 

Liber. 

Logographoi, I., II. 

Mortarium. 

Murrhina Vasa. 

Norma. 

Regula. 

Scytale. 

Stylus, I. 

Tabulae. 

8. VEHICLES, EQUIPAGE, &C. 

Biga. 

Calcar. 

Canathron. 

Capistrum. 

Carpentum. 

Caruca. 

Cisium. 

ClitelUe. 

Covinus. 

Currus. 

Ephippium. 

Esseda. 

Frcnum. 

Habeas 



Harmamaxa. 

Hippoperae. 

Jugum, VI. 

Petorritum. 

Pilantum. 

Plaustrum. 

Rheda. 

Sarracum. 

Zona. 

9. servants, dec, 

Agaso. 

Aliptae. 

Amanuensis. 

Anteambulones. 

Aquarii. 

Calones. 

Capsarii. 

Cosmetae. 

Cubicularii. 

Cursores. 

Demosioi. 

Erycteres. 

Fartor. 

GymnesJoi. 

Helotes. 

Librarii. 

Mediastini. 

Ornatrix. 

Pasdagogus. 

Pedisequi. 

Tabellarius 

Viator. 

Villicus. 

10 RURAL HCONOMY, fee. 

Abacus, IV. 

An tie a. 

Aratrum. 

Area. * 

Catrinos. 

Cochlea, I. 

Columbarium. 

Crates. 

Culter. 

Dolium. 

Dorsuarius. 

Ergastulum. 

Falx. 

Forfer. 

Forma. 

Horreum. 

Hortus. 

Irpex. 

Jugum, II., VI. 

Ligo. 

Mola. 

Mortarium. 

Pala. 

Pecten. 

Pedum. 

Prelum. 

Raster. 

Rete. 

Rutrum. 

Sarculum. 

Sitos. 

Stylus, III. 

Torculum. 

Tribula. 

Tympanum, II., III. 

Vannus. 

Vehes. 

Ver.abulum. 

Venatio. 

Villa. 

Vinum. 

Zona. 

11. BURIALS, FUNERALS, MON 
UMENTS, &C. 

Cenotaphium. 

Cippus. 

Columbarium, I. 

Conditor'^m. 

Crypta. 

Funus. 

II. PUBLIC LIFE. 

1. PUBLIC ASSEMBLIES. 

Agora. 

Archairesiai. 

Comitia. 

Conventus. 

Ecclesia. 

Eccletoi. 

Ephesia. 

Panegyris. 



Panicaiia. 
Synedroi. 

2. PUBLIC GAMES, SHOWS, SX 
ER'.ISES. &c- 

iEoli poise. 

Agonothetae. 

Alaia. 

Alcathola. 

'AXeKTpvdviov ay&r 

Amphiaraia. 

Ascolia. 

Atellajiae Fabulte 

A.ugustales, I. 

Bestiarii. 

Bibasis. 

Canticum. 

Ceroma. 

Cestxis, I., II. 

Cheironomia. 

Choragus. 

Chorus. 

Comcedia. 

Consualia. 

Cothurnus. 

Cubisteteres. 

Deicelistai 

Desultor. 

Discus. 

Equiria. 

Exodia. 

Fescennina. 

Funambulus. 

Gladiatores. 

Harpastum. 

Halteres. 

Hellanodic:a;. 

Ilistrio. 

Hyporchema. 

Isthmian Games. 

Lampadephoria. 

Ludi Apollinares. 

Ludi Capitolini. 

Ludi Circenses 

Ludi Funebres 

Ludi Honorarii 

Ludi Martiales. 

Ludi Natalitii. 

Ludi Palatini. 

Ludi Piscatorii. 

Ludi Plebeii. 

Ludi Pontificales. 

Ludi Quaestorii. 

Ludi S3sculares. 

Megalesia. 

Mimus. 

Naumachia. 

Nemean Games. 

Palsestra. 

Pale. 

Pancratium. 

Pegma. 

Pentathlon. 

Persona. 

Petaurum. 

Pila. 

Pugilatus. 

Pythian Games 

Quinquennalia. 

Talus. 

Tessera. 

Tragoedia. 

Trochus. 

III. GOVERNMENT. 

1. RULERS, MAGISTRATES, A 

Adlecti. 

JEdJlea. 

Agoranomi. 

Aisymnetes 

Amphictyones. 

Arch on. 

Areiopagus 

Basileus. 

Bidiaei. 

Bceotarch 

Boule. 

Censores. 

Centumviri. 

Consul. 

Decadouchi. 

Decarchia. 

Decemviri. 

Demarchi 

Demiurgi. 

Dictator 

Duumviri 

110 



LNDEX RAISONNE. 






Eisagi.geis. 

Eleven, the 

Ephetai. 

Ephori. 

Epimeletai 

Eponymus. 

Forty, the. 

Gynaiconomoi. 

donores. 

Interrex. 

Magistratus. 

Nautodicae. 

Nomophylaces 

Paidonomos. 

Patronomi. 

Phylarchi. 

Phylobasileis. 

Polemarchus 

Poletai. 

Poristai. 

Praetor. 

Proconsul. 

Quaestor. 

Senatus. 

Sitophylaces. 

Tetrarches. 

Tribuni. 

Tribuni Plebis 

Triumviri. 

Tyrannus. 

Viaticum. 

Vigintisexviri. 

2. PUBLIC OFFICERS,, ATTEND- 
ANTS ON MAGISTRATES, &C. 

Accensi, I. 

Actuarii. 

Adlector. 

Admissionales 

^Editui. 

Agrimensores. 

Agronomi. 

Alutai. 

Antigrapheus. 

Apodects. 

Apostoleis. 

Apparitores. 

Archiater. 

Asiarchffi. 

Assessor. 

Astynomi 

Boonai. 

Carnifex. 

Coactor. 

Comes. 

Commentarius 

Curatores. 

Diaitetai. 

Diribitores. 

Ducenarii. 

Episcopoi. 

Epistates. 

Exetastai. 

Frumentarii. 

Grammateus. 

Harmostae. 

Hellenotamiae. 

Ilyloroi. 

Hyperetes. 

Legatus. 

Librator Aqua. 

Lictor. 

Magister. 

Mensores, I., IV., V. 

Metronomi. 

Opinatores. 

Paredroi. 

Pecuani. 

Practores. 

PriECones. 

Praefectus Annonae. 

Prsefectus Urbi. 

Praepositus. 

Primicerius. 

Probouloi. 

Procuratores. 

Publicani. 

Pythioi. 

Quatuorviri Viarum Curanda- 

rum. 
Quinqueviri. 
Scribae. 
Stator. 
Stratores. 
Syllogeis. 
Tamias. 
Theoroi. 
Triumviri. 
Xenagoi. 
Zetetai. 

1102 



3. CIVIL INSIGNIA, &C. 

Clavus Augustus. 

Clavus Latus. 

Fasces. 

Fascia. 

Insigne, I. 

Notitia Dignitatum. 

Sella Curulis. 

Virga. 

4. PUNISHMENTS. 
Ceadas. 
Crates. 
Crux. 
Equuleus. 
Fidicula. 
Flagrum. 
Furca. 
Pedica. 
Poena. 
Timema. 
Tympanum, VI 
Virga. 

IV. REVENUE, PUBLIC AND 

PRIVATE, &C. 
Apophora. 
Aurum Lustrale. 
Decumss. 
Ducentesima 
Eicoste. 
Eisphora. 
Ellimenion. 
Epidosis. 
Fiscus. 

Interest of Money. 
Pentecoste. 
Portorium. 
Publicani. 
Quadragesima. * 
Quinquagesima. 
Salarium. 
Salinse. 
Scriptura. 
Sitos. 

Stationes Fisci. 
Stipendium. 
Telones. 
Telos. 
Theorica. 
Tributum. 
Vectigalia 
Vicesima. 
Uxorium. 

V. ROMAN LAW. 

Acceptilatio. 

Accessio. 

Acquisitio. 

Actio. 

Actor. 

Adoption (Roman). 

Adulterium. 

Advocatus. 

^Ediles. 

jElia Sentia Lex. 

Affines. 

Agrariae Leges 

Album. 

Alluvio. 

Ambitus. 

Appellatio (Roman). 

Aquae Pluviae Arcendae Actio. 

Arra. 

Assertor. 

Assessor. 

Auctio. 

Auctor. 

Auctoritas. 

Banishment (Roman). 

Basilica. 

Beneficium. 

Bona. 

Bona Caduca. 

Bona Fides. 

Bona Rapta. 

Bona Vacantia. 

Bonorum Cessio. 

Bonorum Collatio. 

Bonorum Emptio et Emptor. 

Bonorum Possessio. 

Breviarium. 

Calumnia. 

Caput. 

Cautio. 

Centumviri. 

Certi, Incerti Actio. 

Cincia Lex. 

Civitas (Roman). 

Cliens. 



Codex Gregorianus and Her- 

mogenianus. 
Codex Justinianeus. 
Codex Theodosianus. 
Cognati. 
Collegium. 
Colonia (Roman). 
Commissum. 
Commissoria Lex. 
Communi Dividundo Actio. 
Commodatum. I 

Compensatio. 
Concubina (Roman). 
Confessoria Actio. 
Confusio. 
Constitutiones. 
Cornelia Lex. 
Corpus Juris CiviliS 
Crimen. 
Culpa. 
Curator. 

Damm Injuria Actio. 
Damnum. 
Damnum Infectumi 
Decretum. 
Dediticii. 

Dejecti Effusive Actio. 
Depositum. 
Divortium. 
Dominium. 

Donatio Mortis Causa. 
Donatio Propter Nuptias. 
Donationes inter Virum et Ux- 

orem. 
Dos (Roman). 
Edictum. 

Edictum Theodorici. 
Emancipatio. 
Emphyteusis. 
Empti et Venditi Actio 
Emptio et Venditio. 
Evictio. 

Exercitoria Actio. 
Exhibendum Actio ad. 
Falsum. 
Familia. 

Familise Erciscundae Actio. 
Fictio. 

Fideicommissum. 
Fiducia. 

Finium Regundorum Actio. 
Fiscus. 

FoederatBa Civitates. 
Fundus. 
Furtum. 
Gens. 

Heres (Roman). 
Honores. 
Imperium. 
Impubes. 
Incestum. 
Infamia. 
Infans. 
Ingenui. 
Injuria. 

Institoria Actio. 
Institutiones. 
Intercessio (1, 2). 
Interdictum. 
Intestabilis. 
Judex. 

Judex Pedaneus. 
Judicati Actio. 
Juliae Leges. 
Jure Cessio, in. 
Jurisconsulti. 
Jurisdictio. 
Jus. 

Jus JElianum. 
Jus Civile Flavianum. 
Jus Civile Papirianum. 
Jussu, Quod, Actio. 
Latinitas. 
Legatum. 
Legatus. 
Lex. 

Libertus. 
Litis Contestatio. 
Locatio. 
Magistratus. 
Majestas. 
Manceps. 
Mancipii Causa 
Mancipium. 
Mandatum. 
Manumissio. 
Manus Injectio. 
Mutuum. 

Negotiorum Gestorum Actio. 
Nexum. 



Nc veils. 

Noxalis Actio. 

Obligat i cnes. 

Occupatio. 

Operis Ncvi JNuntiatio 

Orationes Principum 

Orator. 

Pandectae. 

Patria Potestas. 

Patronus. 

Pauperies. 

Peculatus. 

Per Condictionem. 

Per Judicis Postulatiott-m 

Per Pignoris Capionem. 

Pignus. 

Plagium. 

Plebiscitum . 

Poena. 

Possessio. 

Postliminium. 

Praedium. 

Praejudicium 

Praes. 

Praescriptio. 

Praetor. 

Provincia. 

Publiciana in Rem Actu 

Publilia Lex. 

Publiliae Leges. 

Quanti Mmoris Actio. 

Quorum Bonorum, Interdictum 

Recepta : De Recepto, Actio 

Redhibitoria Actio. 

Regia Lex. 

Repetundse. 

Restitutio in Integrum 

Rogationes Liciniae 

Rutuliana Actio. 

Sectio. 

Semproniae Leges. 

Senatus Consultum. 

Servitutes. 

Servus (Roman, legal view 

Societas. 

Successio. 

Sumtuariae Leges. 

Superficies. 

Tabellariae Leges. 

Talio. 

Testamentum. 

Thoria Lex. 

Tutor. 

Twelve Tables. 

Valeriae Leges. 

Valeriae et Horatise Legts 

Valeria Lex. 

Vindicatio. 

Vindicta. 

Vis. 

Vis et Vis Armata 

Universitas. 

Voconia Lex. 

Usucapio. 

Usurpatio. 

Ususfructus. 



VI. GREEK LAW 

'A/cofjv naprvpeiv. 

Adeia. 

'Adaciag xpbs rbv drjuov ypaQfi 

Adoption (Greek). 

Adulterium. 

Adunatoi. 

'Ayeoopyiov 6Ur r 

Agones. 

'Aypacpiov ypatiij. 

\\.ypd<pov ixztolKKov yp^r}. 

AtKias SIktj. 

^AXoylov ypa<brj- 

'A//6Awcr£toj ypacpij 

'A/zfAtou SiKrj. 

Amphiorcia. 

Anacrisis. 

'Avayujyrjs Sikt). 

'Avavixaxiov ypa$i] 

'AvSpairootGixov ypaufrh 

'AvSpairdSiov 5iktj. 

Androlepsia. 

Antidosis. 

Antigraphe 

Antomosia. 

Apagoge 

'AQop/Arjs Sikij 

Apoceryxis 

Apographe. 

'A7roAa'ifxw? SUtt 

Apomosia. 

Apophansis 



INDEX RAISONNE. 



kjurrheta. 
AnooTaviov di/cn- 
Appellatio (Greek). 
'Anpoaraaiov ypacpij. 
'Apyias ypa<prj. 
'Apyvpiov 6ik>;. 
'AaeSeias ypcupfj. 
'Ao-rparuas ypa<!»]. 
Ateleia. 
Atimia. 

AvrouoXias ypa<t>o 
Autonomoi. 
Agones. 

Banishment (Greek). 
Basanos. 
BeGaiuwewg 51k?]. 
Biaiiov SiKrj. 
BXdtins 6iKrj. 
BovXevoews vpacprj. 
Katcnyopias o'ikt}. 
KuKor£%iidJj/ bUrj. 

Cadiscoi. 

Kapirov 6Un. 

KaraXvaews too dfijiov ypatyfj. 

KaraaKomif ypaQfj. 

Cheirotonein. 

Xiopiov dint). 

Xpeovs oikt]. 

Civitas (Greek). 

Cleteres. 

KAonijs dUn- 

Concubina (Greek). 

Cosmai. 

Critai. 

Kurios. 

Decasmos. 

AeiXiai ypacpfj 

Demioprata. 

Demopoietos- 

Diadicasia. 

Diamartuna. 

Diapsephisis. 

Dicasterion. 

Dicastes. 

Dice. 

Docimasia. 

Dos (Greek). 

Ecrnartyria. 

Eisangelia. 

Embateia. 

'Efxunvoi diKai. 

Enctesis. 

Endeixis. 

Enechura. 

Engyc. ( 

'E.VOIKIOV Hkij. 

Epangeliu 

Ephegesis 

Epjbole. 

Epicleros. 

Epidicasia. 

Epitropos. 

Epobelia. 

Euthyne. 

'Elaywyrjg dUt]. 

y &\aipiatws dUn. 

Exomosia. 

'E£okA»7J 6lktj. 

G raphe. 

'Ap-ayrjs ypaQfi 

Kipyuou YP'Kpi'i 

Heres (Greek). 

'Ernup^ffEwj ypa-pr,. 

'lepoaovXiag ypafyj 

Horoi. 

"YSpetJi ypa<ptj, 

f Y7ro6oA//j ypa<i>rj. 

Infamia (Greek). 

Aa-ovavTtov ypaQt} 

AcfirooTpariov ypcupt'i 

Libertus (Greek). 

Martyria. 

MiaU&aews 6Utj. 

MiaOov 6'iKrj. 

NonioiiaTOS Sia'POopiii ypiQfj 

Nomos. 

Ncm8thetes. 

Oath (Greek) 

Olnias SUn. 

Parabolon. 

P«»acatabole. 

Paracatathece. 

Paragiaphe. 

Ilapuvoias ypa<bf\ 

Ilapav6nu)v ypd<j>r,. 

Parapresbeia. 

Parastasis. 

Pareisaraphe. 

ty'ioudKuJv Ypa(j)i}. 



Phasis. 

Phonos. 

<f>opds i a<pavovs, iitdnp-tpivris 

6'lKIJ. 

<i>9opd t&v iXcvQepwv. 
Ylooayuydas ypa<prj. 
Probole. 
Prodosia. 
Upoeia^opas dltcn. 
UpoGTaTris to v Sf/iiov. 
Prothesmia. 
Psephos. 

VcvdeyypaQTjS ypa$y. 
VzvSoKArjTtias ypaditj. 
'PrjTopiKri ypcHptj. 
Znvpia Sikij. 
Seisachtheia. 
Servus (Greek). 
Sitos. 

'EtTOV SlKT]. 

Sulai. 

Sycophantes. 

Symboleion. 

Hv(i66\o)v and SUai. 

Syndicus. 

Synegoros. 

Syngraphe. 

Timema. 

Tpav/iaros i< npovoias Ypaq»']. 

Trierarchia. 

Triobolon. 

Xenelasia. 

s.evias ypa$r\. 

VII. TRADE. 

MARKETS, MARKET-PLACES, 
&C. 

Agora. 

Emporion. 

Forum. 

Macellum. 

Nundinee. 

VIII. CLASSES OF CITI- 
ZENS. 

J2rarii. 

^ruscatores 

Agele. 

Alimentarii Pueri et Puellae. 

Apagoloi. 

Argentarii. 

Athletaa. 

Bibliopola. 

Cleruchi. 

Cierites. 

Calculator. 

Celeres. 

Census. 

Cliens. 

Collegium. 

Colonia. 

Curiae. 

Dediticii. 

Demus. 

Eiren. 

Kmphrouroi. 

Epeunactai. 

Ephebus. 

Equites. 

Eupatridae. 

Fabri. 

Familia. 

Fullo. 

Gens. 

Geomoroi. 

Gerousia. 

Libertinus. 

Libertus. 

Mensarii. 

Metoikoi. 

Naucraria. 

Novi Homines. 

Opti mates. 

Ordo. 

Partheniai. 

Patricii. 

Patrimi et Matrimi. 

Pelatai. 

Penestai. 

Perioeci. 

Pistor. 

Plebes. 

Plumarii. 

^edemptor. 

fabcllio. 

Tabularii. 

Thetes. 

Tnbus. 



IX. WARFARE. 

1 MILITARY AFFAIRS. 

a. Division of Troops, Officers, 
&c 

Accensi, II. 

^Eneatores. 

Agathoergoi. 

Agema. 

Alarii. 

Antecessores. 

Autesignani. 

Argyraspides. 

Army (Greek). 

Army (Roman). 

Campidoctores. 

Catalogus. 

Cataphractai, I. 

Centurio. 

Conquisitores. 

Contubernales. 

Cuneus. 

Damosia. 

Dimache. 

Duplicarii. 

Emeriti. 

Eparitoi. 

Evocati. 

Excubitores. 

Expeditus. 

Extraordinarii. 

Fabri. 

Libratores, II. 

Manipulus. 

Mensores, II., III. 

Prsefectus Castrorum. 

Prsefectus Praetorio. 

Praefectus Vigilum. 

Praetoriani. 

Rorarii. 

Speculatores 

Strategos. 

Tagos. 

Taxiarchi. 

Teichopoios. 

Telones. 

Tiro. 

Triarii. 

Tribuni Militum. 

Tun-is, VI. 

Velati. 

Volones. 

Xenicon. 

b. Discipline, Marches, En- 

campments, &c. 

Agger. 

Agmen. 

Carrago. 

Castra. 

Cataracta. 

Catena. 

Commeatus. 

Crates. 

Cuneus. 

Decimatio. 

Desertor. 

Fustuarium. 

Missio. 

Musculus. 

Oath (Roman). 

Pagi. 

Pains. 

Pluteus. 

Ponto. 

Pratoi'iuro. 

Seals. 

Stylus, II. 

Tessera. 

Testudo. 

Tintinnabulnra. 

Tribulus. 

Tribunal. 

Tumult us. 

Turns, I., II., III. 

Vallum. 

Vine a. 

c. Dress, Badges, Reward& 

&c. 

Aurum Coronarium. 

Caduceus. 

Calcar. 

Caliga. 

Capulus. 

Chlamys. 

Corona, I. 

Fasces. 

Hasl.a Pura. 



Insigne, II. 

Ovatio 

Paludamencuia 

Phalera. 

Sagum. 

Signa Militaria. 

Spolia. 

Stipendium. 

Torques. 

Triumphus. 

Tropaeum. 

Virga. 

d. Armour, Offensive *nd D*. 
fensive. 

Acinaces. 

Aclis. 

-iEgis. 

Anaboleus. 

Antyx. 

Arcus. 

Aries. 

Arma. 

Balteus. 

Cateia. 

Cetra. 

Clipeus. 

Contus, II. 

Corytus. 

Ericius. 

Funda. 

Gaesum. 

Galea. 

Gladius. 

Hasta. 

Helepolis. 

Lorica . 

Lupus Ferreus. 

Ocrea. 

Panoplia. 

Parma. 

Pelta. 

Plwretra 

Pugio. 

Sagitta. 

Securis. 

Scutum 

Testudo 

Tormentum. 

2. NAVAL AFF»i^ 

Acation. 

Acrostolion. 

Acroterium, II 

'AfMptirpvuvoi vtjeg. 

Anchora. 

Antenna. 

Aphractus. 

Aplustre. 

Biremis. 

Camara, II. 

Carchesiuin. 

Cataphractai, II. 

Catapirater. 

Ceruchi. 

Choeniscus. 

Clavus Guberoaow- 

Cochlea, II. 

Contus, 1. 

Corbitie. 

Corvus. 

Cymba. 

Delphis. 

Epibatai. 

Epistoleus. 

Gubernaculum 

Harpago. 

Insigne, V. 

Jugum, V. 

Liburna. 

Linter. 

Mains. 

Navalia. 

Navarchus. 

Phalanga. 

Phascelus. 

Portisculus. 

Praefectus Classic 

Rostra. 

Rudens. 

Scapha. 

Ships. 

Trierarchia. 

Tunis, IV. 

X. ARTS AND SCIENCES 

1. ARCHITECTURE. 

a. General Head. 
Abaculus. 

1103 



INDEX RAISONNE. 



Abacus, I , II *II 
Acroterium, L 
Antae. 

Antefixa. 

Antepaguien.tit 

Arcus. 

Astragalus. 

Atlantes. 

Atticurges, 

Camara, I. 

Caryatis. 

Colunuaa. 

Entasis. 

Epistyliura 

Fascia. 

Fastigium. 

Later. 

Spira. 

Testudo, II. 

Tholos. 

Tympanum, V. 

b. Public Buildings, Places, 

&c. 

Abacus, IX. 

Amphitheatrum. 

Aquaeductus. 

Arcus Triumphalis. 

Argyrocopeion. 

Athenaeum. 

Auditorium. 

Basilica. 

Baths. 

Bibliotheca. 

Bridge. 

Campus Martius. 

Campus Sceleratus. 

Capitolium. 

Career. 

Castellum Aquae. 

Chalcidicum. 

Circus. 

Cloaca 

Cochlea, III. 

Cortina, IV. 

Crypta. 

Curia. 

Exostra. 

Forum. 

Gymnasium. 

Labyrinthus. 

Later. 

Lautumiae. 

Moneta. 

Museum. 

Obeliscus. 

Paradisus. 

Pharos. 

Pomcerium. 

Porta. 

Porticus. 

Prytaneion. 

Sacellum. 

Sacrarium. 

Siparium. 

Staticnes Municipiorum. 

Suggestus. 

Tabularium. 

Tegula. 

Templum. 

Theatrum. 

Tribunal. 

Velum. 

Vicus. 

c. Private Buildings, Shops, 

&c. 

Apotheca. 

Armarium. 

Atrium. 

Biblio*heca. 

Cardo 

Cell* 

1104 



Clavis. 

Clavus. 

Columbarium. 

Crypta. 

Cubiculum. 

Emblema. 

Focus. 

Fornax. 

Fornix. 

House (Greek). 

House (Roman). 

Janua. 

Insigne, IV. 

Lararium. 

Later. 

Paries. 

Pergula. 

Pinacotheca 

Sacrarium. 

Scalae. 

Taberna. 

Tegula. 

Triclinium. 

Velum. 

Villa. 

Vitrum. 

2. CANALS, ROADS," &C 

Aquaeductus 

Canalis. 

Emissarium. 

Mansio. 

Vies. 

3. COMPUTATION AND DIVIS- 

ION OF TIME. 

iEra. 

Annales. 

'A0STCH huepai. 

'AnocppdoES fiuipai. 

Calendar (Greek). 

Calendar (Roman). 

Clavus Annalis. 

Dies. 

Fasti. 

Hora. 

Horologium. 

Lustrum. 

Mensis. 

Nundinse. 

Olympiad. 

Saeculum. 

4. MATHEMATICS AND MATH- 
EMATICAL INSTRUMENTS. 

Abacus, V., VI. 

Calculi. 

Circinus. 

5. MEASURES AND WEIGHTS 

Acaina. 

Achane. 

Actus. 

Addix. 

Amma. 

Amphora. 

Artaba. 

Arura. 

As. 

Chema. 

Choinix. 

Chous. 

Concha. 

Congiarium. 

Cotyla. 

Cubitus. 

Cubus. 

Culeus. 

Cyathus. 

Decempeda 

Jugerum. 

Jugum, IV 

Libra. 

Libra (As). 



Ligula. 


Conra. 


Maris. 


Crotalum. 


Medimnus. 


Cymbal um. 


Metretes. 


Hydraula. 


Milliare. 


Jugum, III 


Modius. 


Lituus, II. 


Mystrum. ' 


Lyra. 


Parasang. 


Music (Greek). 


Passus. 


Music (Roman). 


Pertica. 


Pecten. 


Pes. 


Phorbeia. 


Schcenus. 


Sambuca. 


Scrupulum. 


Si strum. 


Sextarius. 


Syrinx. 


Stadium. 


TestudD, I 


Uncia. 


Tibia. 


Urna. 


Tuba. 


Xestes 


Tympanum, I. 


6 MEDICINE AND MEDICAL 


10 PAINTIN3 


AFFAIRS. 


Col ores. 


Arquatus. 


Painting. 


Arteria. 




Cheirurgia. 


11. STATUARY AND THE PL ., 


Diabetica. 


TIC ART. 


Dogmatici. 


Acrolithoi. 


Edectici. 


Acroterium, III. 


Empirici. 


Canabos. 


Episynthetici. 


Colossus. 


Hectici. 


Sculptura. 


Iatrolipta. 


Statuaiy. 


Iatroliptice. 




Iatrosophista. 

Medicina. 

Medicus. 


XI. MANNERS AND CUS 
TOMS 


MethodicK 


Acclamatio. 


Pathologia. 
Pharmaceutica 


Acta Diurna. 
Adversaria. 


Physiologia. 
Pneumatici. 


Album. 
Chehdonia. 


JSemeiotica. 


Corona Nuptialis. 


Therapeutica. 


Corona Natalitia. 


Theriaca. 


Corona Longa. 




Corona Etrusca. 


7. METALS. 


Corona Pactilis 


Adamas. 


Congiarium. 


JEs, I. 


Cottabos. 


Argentum. 
Aurum. 


Crypt eia. 
Hetaerae. 


Bronze. 


Hospitium. 


Hydrargyrus. 
Plumbum. 


Leitourgia. 
Loutron. 


Stannum. 


Marriage (Greek). 




Marriage (Roman) 


8. MONEY. 


Mustax. 


-flilrarium. 


Nomen (Greek). 


Ms, II. 


Nomen (Roman). 


Ms Circumforaneum. 


Nudus. 


iEs Equestre. 


Oath (Greek). 


jEs Hordearium. 


Oath (Roman). 


JEs Manuarium. 


Opsonium. 


As. 


Oscillum. 


Aurum (Greek). 


Paedagogus. 


Aurum (Roman). 


Parasiti 


Bigatus. 


Peregrin us. 


Danace. 


Phalangu. 


Daricus. 


Proscriptio. 


Denarius. 


Piytaneion. 


Drachma. 


Saltatio. 


Interest of Money. 


Salutatores. 


Litra. 


Satura. 


Moneta. 


Sportulae. 


Sestertius. 


Strena. 


Sextula. 


Sumtuariae Logao 


Stater. 


Symposium. 


Talentum. 


Syncecia. 


Uncia. 


Syssitia. 




Taeda. 


9. MUSIC AND MUSICAL IN- 


Trierarchia 


STRUMENTS. 


Triobolon. 


Aulos. 


Viaticum. 


Barbitou. 


Unguenta. 


Buccina. 


Urua. 



GENERAL INDEX. 



The numerals indicate he pages, the letters a and b the first and second columns respectively, and the asterisks, the additioat 

of the American editor. 



Abaculus, p. 9, col. n. 

Abacus, 9, a. 

Abactio Partus, 47, a. 

Abalienatio, 612, a. 

Abamita, 277, b. 

Abavia, 277, b. 

Abavunculus, 277, b 

ibavus, 277, b. 

-Abies, 10, b. 

*Abiga, 10, b. 

Ablecti, 427, b. 

Ablegmina, 10, b ; 846, a 

Abmatertera, 277, b 

Abnepos, 277, b. 

Abneptis, 277, b. 

Abolla, 11, a. 

Abortus Prcx-uratio, 47, a. 

Abpatruus, 277, b. 

*Abramis, 11, a. 

Abrogare Legem, 580, a. 

*Abrotonum, 11, b. 

Absentia, 835, b. 

Abbsinthium, 11, b.^ 

Absolutio, 551, a. 

Abstinendi Beneficium, 498, a. 

.ir>usus, 575, a ; 1069, a, b. 

* Acacia, 11, b. 

"Aicaiva, 11, b. 

*Acalethe, 11, b 

♦Acantha, 11, b. 

*Af anthias Galeos, 11, b. 

*Ar,anthis, 12, a. 

Acanthus, 12, a. 

•Acanthyllis, 12, a. 

Acapna Ligna, 12, a. 

Akutiov, 12, a. 

'Akutos, 12. a. 

Accensi, 12, b. 

A.cceptilatio, 12, b. 

Accessio, 12, b. 

^.cclamatio, 13, a. 

Aceubita, 13, a. 

Accubitalia, 13, a. 

\ccubitoria, 940, a. 

\ccusatio, 320, b ; 552, a. 

iccnsator, 20, a ; 552, a. 

ft.cevra, 13, a. 

Acetabulum, 13, b ; 889, b. 

Acetum, 14, a ; 1053, b. 

'Achaines, 14, a. 

'Axi'vrj, 14, a. 

'Annates, 14, a. 

^Acherdus, 14, b. 

*AcheroIs, 14, b. 

*Achetas, 14, b. 

"Achilleos, 14, b. 

"Axirwv, 1024, a. 

Acies, 488, b. 

Vcilia Lex, 834, a. 

Acilia Calpurnia Lex, 46, b. 

Acinaces, 14, b. 

^Acipeuser, 15, a. 

Acisculus, 112, b. 

Kcl'is, 15, b. 

'Axpwv, 534, a. 

icna, Acnua, 15, b. 

AKWKfj, 488, b. 

Akotiv (xaorvpeiv, 15, b. 

'Akw, 489, b. 

'Acone, 15, b. 

•Acomtum, 15, I). 

'Ar.ontias, 15, b. 

'Akovtiov, 489, t>. 

*Acorus, 15, b. 

Acquisitio, 15, b. 

Aequisitiones Civiles, 375, a. 

Acquisitions Naturales, 375, a. 

' AKpancrpta, 274, a; 343, a. 

'AKoaTic/iO;,-, 274, a ; 343, a. 

*Acratophorum, 15, b. 

Acroama, 16. a. 

■Acroasis, 16, r, 

'A^pmrnaia, 62, a. 
Kko6\iB(, ( . 16. a ; 916, b 
7 A 



' 'AicpoQvaiov, 449, a. 
*Acropodium, 16, a. 
Acropolis, 1027, a. 
*Acrostichis, 16, a. 
' Akqoct6Xiov, 16, a. 
'AicpooTdniov, 449, a. 
Acroterium, 16, a ; 842, a. 
'AKOodlviov, 16, b. 
Acta Diurna, 16, b. 
Acta Senatus, 16, b. 
*Acte, 16, b. 
"Aktici, 16, b. 
Actio, 16, b. 

" Albi Corrupti,42, a. 

" Aquae Pluvise Arcendae, 
76, a. 

" Arbitraria, 17, b. 

" Bones Fidei, 17, b. 

" Bonorum Vi Raptorum, 
164, b ; 464, a. 

" Certi, Incerti, 234, a. 

" Chilis, 17, b. 

Commodati, 298, b. 
Communi Dividundo, 
298, b. 

" Confessoria, 302, b. 

M Damni Injuria Dati, 337, 
a. 

" Dejecti Effusive, 342, a ; 
1049, b. 

" Depensi, 542, a. 

" Depositi, 350, a. 

" Directa, 17, b. 

" Do Dolo Malo, 326, a. 

" Emti ct Venditi, 403, a. 

" Exercitoria, 425, a. 

" Ad Exhibendum, 425, a. 

" Extraordinaria, 17, b. 

" Familiae Erciscundae, 
430, b. 

" Fictitia, 17, b. 

11 Fiduciaria, 443, a. 

" Finium Reguudorum, 
444, a. 

" Furti, 463, b. 

" Honoraria, 17, b. 

'! Hypothecaria, 776, b. 

" Inanis, 17, b. 

" Injuriarum, 539, b ; 
104<\ b. 

" Instit-,ria, 540, b. 

" Institutoria, 542, a. 

" Inutilis, 17, b. 

" Judicati, 554, a. 

" Quod Jussu, 562, b. 

" Legis Aquiliae, 337, a. 

" Locati et Conducri, 595, 
a. 

u Mandati, 612, b. 

" Mixta, 17, b. 

" Mutui,651,a. 

" Negativa, 302, b. 

" Negatoria, 302, b. 

" Negotiorum Gestorum, 
655 a. 

" Noxalis,*666, b. 

•« Ordinaria, 17, b. 

" De Pauperie, 748, a. 

" De Peculio, 88-i, a. 

" Perpetua, 18, a. 

" Persecutoria, 17, b. 

" Pignoraticia, 776, b. 

" Pcenalis, 17, b. 

" Popularis, 1050, a. 

" Pnejudicialic, 804, a. 

" Praetoria, 17, j. 

" Prosecutoria, 17, b. 

" Publiciana in Rem, 822, 
b. 

" Quauti Minoris, 829, b. 

" Rationibus Distrahen- 
dis, 1030, a. 

" De Recepto, 832. a. 

" Redhibitoria. 832, b. 

" ReiUxoricfiorDotis, 380, 



Actio Rescissoria, 542, a. 

" Restitutoria, 542, a. 

" Rutiliana, 842, b. 

" Sepulchri Violati, 462, 
a ; 1049, b. 

" Serviana, 776, b. 

" Pro Socio, 902, b. 

11 Stricti Juris, 17, b 

" Temporalis, 18, a. 

" Tributoria, 884, a. 

" Tutelse, 1030, a. 

" Verso in Rem, 884, a. 

" Utilis, 17, b. 

" Vulgaris, 17, b. 
Actor, 20, a. 
Actors, 505, b. 
Actuariae Naves, 891, a. 
Actuarii, 20, b. 
Actus, 20, b; 1041. b. 

" Quadratus, 20, b. 

" Servitus, 879, a. 
Acus, 20, b. 
Adamas, 1059, b. 
*Adamas, 21, a. 
*Adarkes, 21, b. 
Adcrescench Jure, 499, b 
Addico, 559, b. 
Addicti, 656, b. 
Addictio, 559, b. 
"AS6il, v A<5<5t^, 21,b. 
"ASeia, 21, b. 
'A<5eA$j<5oiij, 495, a. 
'AfcA^?, 495, a. 
Ademptio, 575, a. 
Adfines, 30, b. 
Adfinitas, 30, b. 
Adgnati, 277, a. 
Adgnatio, 277, a. 
*Adianton, 21, b. 
'ASacias Trpos rov Srjuov vpatbfj, 

21, b. 
Aditio Hereditatis, 500, b. 
Adjudicatio, 19, b. 
Adlecti, 21, b. 
Adlector, 21, b. 
Admissionales, 22, a. 
Adolescentes, 537, b. 
'A<5wvta, 22, a. 
* Adonis, 22, a. 
Adoption (Greek), 22, a. 
Adoption (Roman), 22, b. 
Adoratio, 23, a. 
Adrogatio, 22, b. 
Adscripti Gleba;, 886, a. 
Adscriptitii, 801, a. 
Adscriptivi, 12, b. 
Adscrtor, 115, b. 
Adsessor, 115, b. 
Adstipulatio, 673, a. 
Adstipulator, 541, b ; 673, a. 
Adulterium, 23, b. 
Adversaria, 24, a. 
Adversarius, 20, a. 
Adulti, 537, b. 
'Advvaroi, 24, a. 
Advocatus, 24, a. 
"Aivrov, 958, b. 
Adytum, 958, b. 
jEacia, 39, b. 
jEbutia Lex, P, a ; 389, b ; 

581, a. 
JE>ies, 455, a ; 515, b , 957, b. 
^Etliles, 24, b. 
^Editui, 26, a. 
^Editimi, 26, a. 
.Editumi, 26, a. 
*A€don, 26, a. 
JEgis, 26, a. 
*JEgyptilla, 27, b. 
*Aa0wyia, 134, b. 
'Aa'crtrot, 818, a. 
JFAxa Lex, 581, a. 
^EliaSentiaLex, 27, b; 616, a. 
JEmilia Lex, 581 , a. 

" Biebia Lex, 46, b ; 581, 
I. : 5S2, b. 



«( 
u 



.(Emilia Lepidi Lex, 934, b. 
" ScauriLex, 934, b. 
./Eneatores, 28, a. 
^Enei Nummi, 29, b. 
iEolipylae, 28, a. 
JEra, 28, a. 
^Erarii, 28, a. 

" Praefecti, 28, b. 
" Tribuni, 28, b ; 998, 1 
iErarium, 28, b 

Militare, 28, b. 
Sauctius, 28, b 
Sanctum, 28, b 
JErei Nummi, 29, b. 
^Eruscatores, 29, a. 
JEs, 29, a. 

" (Money), 29, b. 

" jEgineticum, 177, a 

" Alienum, 29, b. 

" Circumforaneum, 30, a 

" Corinthiacum, 176, b. 

" Deliacum, 177, a. 

" Equestre, 30, a; 415, a. 

" Grave, 29, b, 110, b. 

" Hordearium or FW'an 
um, 30, a ; 4/5, & 

" Militare, 28, t. 

" Manuarium, 30, » 

" Uxorium, 1070, a. 
*^sculus, 30, a. 
./Estiva Feriae, 437, a. 
^Esymnetes, 41, a. 
*A£tites, 30, b. 
*Afitos, 30, b. 
'Aeros, 433, b. 
'A/rw^a, 433, b. 
*A£xoon, 27, b. 
Affines, 30, b. 
Affinitas, 30, b. 
"AyaAixa, 914, a ; 916, * 
*Agalochon, 31, a. 
'Ayafxt'ov ypa0»7, 618, a 
*Agaracon, 31, a. 
Agaso, 31, a. 
*Agasseus, 31, a. 
'AyaQoepyol, 31, a. 
'AytAdcrot, 31, a. 
'AytAa'r^f, 31, a. 
'AyfA^, 31, a. 
Agema, 31, a. 
'Ayewpy/ou Siktj, 31, b. 
Ager, 35, a ; 798, b. 

" Arcifinalis, 39, a. 

" Arcifinius, 39, a. 

" Assignatus, 35, b. 

M Concessus, 35, b. 

" Decumanus, 38, a. 

" Effatus, 789, b. 

" Emphyteusis, 38, a. 

" Emphyteuticarius, 38, - 
401, a. 

" Limitatus, 35, b ; 38, k 

" Occupatorius, 35, b. 

" Privatus, 34, b. 

" Publicus, 34 ; 798, b. 

" Quaestorius, 35, b. 

" Religiosus, 34, b. 

<l Sacer, 34, b. 

" Sanctus, 31, b. 

" Scripturarius, 859, b. 

" \"ectigalis, 38, a, 401, • 
*Agera t on, 31, b. 
'AyyrU, 216, b. 
'Ayrjrdpia, 216, b. 
Agger, 31, b. 
Agitator, 256, a. 
'AyAaia, 246, b. 
Agmen, 32, a. 

" Pilatum, 32, a. 
" Quadratum, 32. a 
Agnati, 277, a ; 499, a 
Agnatio, 277. a. 
Agnomen, 661, a. 
*Agnus, 32, a. 
Agonales, 850, a. 
Afjonalia, 32, i». 

1105 



GENERAL INDEX. 



Agonia, SS J 

Agonenses, 8i0, a. 

\gonium, 32, b 

AywWpxcu, 33, a. 

AyuJVEg, 358, a. 

" iriiaiTot, 32, b; 982, a. 
" Tt^Tot, 32, b ; 982, a. 

AywiGTzi 119, a. 

AybovoSiicai, 33, a. 

AywvoQtTai, 33, a. 

Ayopd, 33, a. 

Ayopu TzXrjdovca, 33, * ; 361, b. 
Agoranomi, 33, b. 
Agrania, 33, b. 
'Aypatyiov ypacpfj, 33, b. 
"AypaQoi 1/6/jloi, 663, a. 
'Aypd^ou jturdAAou ypa<pfi, 33, 

b. 
Agrariae Leges, 33, b. 
Agraulia, 38, a. 
'Aypirai, 38, a. 
Agriania, 38, a. 
Agrimensores, 38, a. 
*Agrimonia, 39, a. 
, Aypi(x>vta, 39, a. 
*Agnophyllou. 39, a. 
Agronomi, 39, a. 
*Agrostis, 39, a. 
'AypoTtpag Qvaia, 39, b. 
1 AypvTivis, 39, b. 
'Ayvpuds, 395, b. 
'Ayvprcu, 39, b. 
Ahenatores, 28, a. 
AiaKEia, 39, b. 
AldvTsia, 39, I*. 
Aljcw, 488, b. 
Atxnotpooot, 488, b. 
Alicias filter), 40, a. 
"AiicXov, AIkXov, 40, b. 
*Aigeiros, 39, b. 
AlyiKopsig, 1003, a. 
*Aigilops, 40, a. 
AlyivrjT&v eoprrj, 40, b. 
Atyi'o%o?, 26, a. 
*Aigipyros, 40, a. 
Atyis, 26, a. 
*Aigithalos, 40, a. 
*Aigothelas, 40, a. 

Aigolios, 40, a. 
*Aigypios, 40, a. 
"Ailouros, 40, b. 
♦Aimatites, 40, b. 
*Aljiopftovi, 41, a. 
Aiviynara, 940, a. 
*Aira, 41, a. 

AlaviivfJTris, 41, a ; 33, a. 

Alibpa or 'Ewpa, 41, a. 
*Aithuia, 40, b. 
*Aix, 40, b. 
Ala, 42, a. 
Alabaster, 41, b. 
Alabastra, 41, b. 
Alabastri, 41, b. 
Alabastrites, 41, b. 
'AXaia, 42, a. 
Alarii, 42, a. 
*Alauda, 42, a. 
Albarium Opus, 736, a. 
Albogalerus, 42, a. 
Album, 42, a. 

" Decurionum, 42, a 
" Judicum, 553, b. 
" Senatorum, 42, a. 
Albus Galerus, 42, a. 
'AA/ca0o7a, 42, a. 
*Alce, 42, a. 
*Alcea, 42, a. 
*Alcibiadiurn, 42, a. 
Alea, 42, b. 
Aleator, 42, b. 
*Alector, 43, a. 
Aleo, 42, b. 

*A\£KTpvonavT£ia, 43, a. 
*AX£KTpvovoixaxia> 43, a 
1 ' A\tKTpv6vit)v ayuiv, 43, a. 
'AAfwrat, 44, a. 
'AXeiTTrfiptov, 44, a. 
'AXrjns, 41, a. 
*Alga, 43, a. 
Alica, 43, a. 

"AS.ijjia or "AXtnog rptxj fi, 43, b. 
Alimentarii Pueri et Puellae, 

43, b. 
Alio Die, 126, a. 
Alif-Ase, 44, a. 
*Alisna, 44, a. 
'AAAaj, 167, b. 

* Allium, 44, a. 

Alluvio, 44, b. 

•Alnus, 41, b. 

1106 



'AAwa, 45, a. 

AXoyiov ypa<}»], 45, a. 

*Aloe, 44, b, 

*Alopecias, 45, a. 

*Alopecis, 45, a. 

*Alopecurus, 45, a. 

*A\<ptci6oia.i, 378, b. 

*Alphestes, 45, a. 

*Alsine, 45, a. 

Altar, 76, b. 

Altare, 76, b. 

*Altercum, 45, a. 

Altius nen Tollendi Servitus, 

878, b. 
*Alum, 45, a. 
v A\vgis, 224, b. 
Aluta, 190, a. 
'AA vrai, 45, b ; 683, a. 
'AXtTapxnSj 683, a. 
*Alypon, 45, a. 
*Alysson, 45, a. 
Amanuensis, 45, b. 
*Amaracus, 45, b. 
*Amaranthus, 45, b. 
'A/xapvvdia, 45, b. 
'Apapvoia, 45, b. 
Ambarvalia, 46, a ; 109, a. 
Ambassadors, 575, b. 
Ambitus, 46, a. 
'A//6Aw<7£tt£ ypcupfj, 46, b. 
, An6p6aia, 47, a. 
Ambrosia, 47, a. 
Ambulationes, 511, a. 
Amburbiale, 47, a. 
Amburbium, 47, a. 
"Am, 154, a. 
'AntXiov Sikti, 47, a. 
Amentum, 47, a. 
*Amethystus, 47, b. 
*Amia, 48, a. 
*Amianthus, 48, a. 
Amiantus, 111, a. 
Amicire, 48, a. 
Amictus, 48, a. 
Amita, 277, b. 
'Anna, 48, a ; 763, b. 
*Ammi, 48, a. 
*Ammodytes, 48, b. 
*Ammoniacum, 48, b. 
'A/i7r£%dv77, 48, a. 
*Ampelitis, 48, b. 
*Ampeloprasum, 48, b. 
*Amomum, 48, b. 
'An<Piapaia, 48, b. 
'An&iBXrjGTpov, 837, a. 
, An<pLKiwv, 290, a. 
Amphictyons, 48, b. 
'Aix(t>iKviTeXXov Aeiras, 51, a 
'AjU0£6~£a, 95, b. 
'AncpldovXos, 881, a. 
'An'^iSpCnia, 51, a. 
Amphimalla, 951, b. 
'An^iopicia, 51, b. 
'A/i0£0a5vT£s, 643, a. 
'AnipKpopsvs, 54, a. 
"Ancpiimog, 350, a. 
'AntpurpdcrTvXos, 290, a. 
'Ancpinpvnvoi vrjes, 51, b. 
*Amphisbagna, 51, a. 
'A//0tcr(fjyr>7o-if, 495, b. 
'An<pioTonos, 58, a. 
Amphitapffi, 951, b. 
'A/x^i0dAa/iOf, 515, a. 
Amphitheatrum, 51, b. 
'AnQwnocia, 51, b. 
Amphora, 54, a ; 889, b; 1052, 

a. 
'An0op£vg, 54, a. 
>An(}>a)Tt8£s, 823, b ; 824, a. 
Ampliatio, 551, a. 
Ampulla, 54, b. 
Ampullarius, 54, b. 
"Annvl, 54, b, 
'AnirvKTrjp, 54, b. 
Amuletum, 55, a. 
*Amygdalus, 55, b. 
*'Ajuw//ov, 55, b. 
'AvaSdrrjg, 350, a. 
'Ava6a6n°h 514, a. 
'Ai/afSoAf??, 928, a. 
'AvciBoXeijs, 56, a. 
' ' AvaKaXvizTr'ipia, 620, b. 
'AvaK£ia, 56, a. 
'Avdiceiov, 56, a. 
, AvaK£in£va, 376, a. 
' ' AvaKivfinara, 484, b. 
' ' AvcucXrjTr'ipia, 56, a. 
'AvaKXivotrdXt), 724, b 
'AvdnXivrpov, 572, a. 
'Avaiconih'h 56, a. 



, AvaKpicig, 56, a. 
'AvaKTopov, 958, b. 
'AvaSucta, 73, a. 
*Anagallis, 56, b. 
'Avayvdopiais, 995, a. 
Anagnostffi, 16, a. 
'Avaywyrjs Sixt], 56, b 
'Avayuyia, 56, b. 
'Avayica7ov, 213, a. 
*Anagyris, 56, b. 
'Avd<popov, 114, b. 
, Avdppvcig, 67, a. 
*Anas, 57, a. 

, Ava0rin aTa i 376, a. 
Anatocismus, 547, a. 
'Avav^a%i'ou ypadirj, 57, a. 
"Aval, 140, a. 
'Avaifaydpaa, 57, a. 
*Anaxulis, 57, a. 
'Ava\vpl6£s, 171, a. 
'Ayxiorda, 493, b ; 495, a. 
Anchor, 58, a. 
*Anchusa, 57, a. 
Ancile, 57, a. 
Anci'lla, 538, b. 
"AyKoiva, 894, a. 
Ancora, 58, a. 
'AyKvXrj, 60, b ; 317, b. 
Andabata, 476, b. 

'AvSpaKofiianov YPwP'h 58 5 b. 
'AvSpandSoM SIkt), 58, b. 
*Andraphaxis, 58, b. 
*Andrachne, 58, b. 
'Ayjpfta, 941, a. 
'AvSpidg, 916, b. 
, Av5poy£(t)via, 58, b. 
*Androdamas, 58, b. 
'AvSpoXrjxl/ia, 59, a. 
'AvSpoXrjipiov, 59, a. 
*Androssemon, 59, n. 
*Androsaces, 59, }•.. 
'AvSp&vEs, 514, b 
'AvSpwvlris, 514, a. 
* Anemone, 59, 'i. 
*Anethum, 59, a. 
'Av£i//£ac5oC5, 495, a. 
'Av^dj, 495, a. 
'Av£v6vvos, 423, a. 
'AyyodfJKri, 533, b. 
*Anguilla, 59, b. 
Augustus Clavus, 265, a. 
Animadversio, Censoria, 664, a. 
*Anisum, 59, b. 
Annales, 59, b. 

" Maximi, 59, a. 

" Pontificum, 59, a. 
Annalis, Lex, 25, b. 
Annona, 60, a. 
Annuli Aurei Jus, 839, b. 
Annulorum Jus, 839, b. 
Annul us, 839, a. 
Annus, 190, 191. 
"AvoSog, 976, a. 
*Anonis, 60, a. 
"AvottXoi, 94, a. 
Anquina, 894, a. 
Anquisitio, 60, b ; 552, b. 
Ansa, 60, b ; 439, b. 
*Anser, 60, b. 
*Antacffius, 61, a. 
Antes, 60, b. 
Anteambulones, 61, a. 
Antecessores, 61, b. 
Anteccena, 275, a. 
Antecursores, 61, b. 
Antefixa, 61, b. 
Antemeridianum Tempus, 362, 

a. 
Antenna, 62, a. 
Antepagmenta, 62, b. 
Antepilani, 103, b. 
Antesignani, 62, b. 
Antestari, 18, b. 
*Anthemis, 62, b. 
*Anthemum, 62, b. 
*Anthericus, 62, b. 
'Av0£o-0dpta, 63, a. 
'AvfcoT^pta, 364, b. 
, Avd£(jrripi(xiv, 190, a. 
*Anthias, 63, a. 
*Anthos, 63, a. 
*Anthrax, 63, a. 
*Anthracion, 63, a. 
*Anthrene, 63, a. 
*Anthyllis, 63, a. 
'Av0u7ra)juocr/a, 354, b ; 359, a. 
Antia Lex, 934, b. 
Antise, 291, b. 
'Avr£%£tporoi'ta, 239, a. 
Antichresis, 775, b. 



AvriSacis, 63, a 
'AvTiypa<pfj, 64, ;». 
'AvTiypatpug, 64, b; 4T9, b 
'AvriXnlis, 354, b. 
'Ai>7£vdaa, 64, b. 
*Antipathes, 64, b. 
Autiquarii, 591, a. 
*Antirrhinon, 64, b. 

'AvTlCTpETTTCL, 491, 8. 

Antlia, 64, b. 
Antonije Leges, 581., b 
'AvTUuoaia. 65, b. 
"Avtv\, 65, b. 
Anvil, 534, a. 
r AwK65riTos, 188, b 
"Aop, 478, a. 
'A7rdy£Ao£, 66, a. 
'ATzayioyij, 66, a. 
*Aparine, 66, b. 
*Apate, 66, b. 

'A7rar^(7£^s too cfjn *' y/«N 

66, b. 
'A-TiaTavpia, 66, b. 
Apaturia, 66, a. 
'AraiJAia, 620, b. 
'A-rravXicTripia, 620, b 
'A7T£A£B0£p£a, 589, a. 
'A7T£A£t;6£pos, 589, a. 
' Air£viavTLcn6g, 770, b 
Aperta Navis, 68, a. 
'A(p£Tai, 989, a. 
'A<p£Tijpia dpyava, 988, b 
Apex, 67, a. 
*Aphace, 67, b. 
*Apharce, 67, b. 
'Ac^a/ifwrnt, 316, b. 
v Arf»£o-£?, 909, b. 
'AfETOi tjnepai, 67, b 
*Aphia, 67, b. 
, Afj)i8pvna, 916, b. 
"Ad>XacTov, 69, a. 
'Afopnrjs Siicr), 68, a. 
Aphractus, 68, a. 
'AQpoSiaia, 68, a. 
*Apiastellum, 68, b. 
*Apiaster, 68, b 
*Apion, 68, b. 
*Apios, 68, b. 
*Apis, 68, b. 
*Apium, 68, b. 
Aplustre, 69, a. 
'ATToSddpa, 176, a. 
'A-rroKtjpv^is, 69, b ; 495, 1 

'A7TO%£jpOTOV££V, 81, b. 

'ATro%££porov£a, 239, a. 
*Apocynon, 69, b. 
Apodectae, 70, a. 
'Asanas, 928, b. 
Apodyterium, 147, a. 
'A-Koypatyt'i, 70, a. 
'AiroiKia, 284, a. 
"Aizoikoi, 266, a. 
'AttoXektoi, 427, b. 
'AnoXEixpEias SiKrj, 70, b. 
'A^oXfy^ot, 10, b. 
Apollinares Ludi, 600, a. 
'A7roAAwv£a, 70, b. 
'AironaySaXia, 344, a. 
'A-rnonocia, 71, a. 
''AixoTiEn'^Euig 8(kij, 71, a 
'AirSQavois, 71, a. 
'AirdQaoig, 71, a. 
'Airofyopd, 71, a. 
Apophoreta, 71, a. 
'An-o^>pd(5£? i^jUfpac, 71, a 
*Aporrhaides, 71, a. 
'Axoppafyg, 777, a. 
'Aropp^ra, 71, a. 
'AirooTaciov SIktj, 71, b. 
'AttootoAe??, 71, b. 
'AiroTEixiandSi 1034, b 
Apotheca, 71, b. 
Apotheosis, 71, b. 
'AtioTinqv, 639, a. 
'ATrorinwa, 379, b ; 639, ». 
'ArroTinvTal, 639, a. 
Apparitores, 72, b. 
Appellatio (Greek), 72, b. 
Appellatio (Roman), 73, b. 
Applicationis Jus, 127, a. 
Aprilis, 191, a. 
' Air poaraaiov ypa$t], 74, a, 
"Aiprjfoi, 839, b. . 
Apuleia Lex, 541, b. 

" Agraria Lex, 581, b. 

" FrumentariaLex, 561 
b. 

" Majestatis Lex, 609, h 
*Apus, 74, a. 
iqua Caduca, 219. b. 



GENERAL INDEX. 



Ha Jaj oa6>';, 730, s. 
liapatbdrrji, 333, a. 
YlapatSaTis, 333, a. 
IlapaAirai, 848, b. 
UdoaXoi, 848, b. 
IlapuAof, 848, b. 
llapavoias ypaty'h 731, a. 
riapavd/*wj' ypaty), 731, b. 
napaj/u/*0os, 620, a. 
napa7T£ra<7//a, 1036, a. 
Parapherna, 379, b. 
Ylapa^ptcStia, 732, a. 
riapazpeotie ias ypacpfj, 732. b. 
HaparriXis, 793, b. 
liapapp'tpara, 694, a. 
Parasang, 732. b. 
Llapaodyyris, 732, b. 
flapacxflwov, 968, b ; 996, a. 
n«pa<7>7/ioi', 539, b. 
Parasiti, 732, b 
Parasol, 1061, b. 
ilapacTUCfj, 60, b. 
llapaordj, 515, a. 
liaodGTacris, 353, a ; 733, b. 
UapaaTdTai, 394, b ; 893, b. 
Parastatica, 61, a. 
YlapaOvpa, 524, b. 
Parchment, 5S8, a. 
*Pardalis, 733, b. 
*Paidalis, II., 734, a. 
*Pardalos, 734, a. 
*Pardion, 734, a. 
IlaptSpia, 734, b. 
Tldpedpot, 734, a. 
Xlapt}yop{]nara, 996, a. 
*Pareias, 734, b. 
Iiap^iw, 452, b. 
Wapeioypatyr), 734, b. 
Ilapucypatyis y petty), 734, b. 
Parentalia, 462, b. 
Ylapr)opos, 332, a. 
Paries, 734, b. 
Parilia, 717, a. 
*Parium Marmor, 736, b. 
Parma, 736, b. 
Parmula, 736, b. 
*Paruops, 737, a. 
Tldpoxos, 620, a. 
YlapoSot, 968, b. 
Udpodos, 995, a. 
'Paronychia, 737, a. 
Paropsis, 737, a. 
*Parra, 737, a. 
Parricida, 308, b. 
Parricidium, 308, b. 
llapQeviai, 737, a. 
*Parthenion, 737, b. 
JlaoOivoi, 737, a. 
Tlapdcvciai, 737, a. 
Partnership, 902, a. 
Partus Abactio, 47, a. 
IlapvQri, 592, b. 
Pascendi Servitus, 879, a. 
Pascua, 1035, a. 
Pascua Publica, S59, b. 
*Passer, 737, b. 
Passum, 1052, b. 
Passus, 737, b. 
Pastophoros, 737, b. 
YI'igtos, 738, a. 
Wd-aiKui, 540, a. 
Patella, 738, a. 
Pater, 277, b. 
Patrimus, 745, a. 
Pater Familias, 430, a ; 741, a ; 

742, a. 
Pater Patratus, 437, a. 
Patera, 738, a. 
Pathologia, 739, a. 
Patibulum, 463, a. 
Patina, 740, b. 
Patres, 742, b ; 864, b. 
Patria Potestas, 741, a. 
Patricii, 742, b. 
Patrimi et Matrimi, 745, a. 
Patrona, 745, a. 
Patronomi, 745, a. 
Patronus. 745, a. 
Patruus, 2."7, b. 
Pavimentum, 519, b ; 1042, b. 
*Pavo, 747, b. 
Pavonaceum, 953, a. 
Pauperie, Actio dc, 748, a. 
Pauperies, 747, b. 
Pausarii, 748, a. 
*Pausia, 748, a. 
Pay of Soldiers, 925, a. 
H'/X L 'S> 325, a; 763. b. 
I'ecten, 748. a ; 955, a. 
Pecuarii. 748. a. 



Peculator, 748, b 

Peculatus, 748, b. 

Peculio, Actio de, S84, a. 

Peculium, 883, b ; 884, a. 

Peculium Castrense, 742, a 

Pecunia, 29, b ; 497, a. 

Pecunia Certa, 673, a. 

Pecuniae Repetundae, 833, b. 

Pecus, 748, b. 

ntfdXiov, 480, b. 

Pedaueus Judex, 554, a. 

Pedarii, 866, b ; 869, a. 

Pedica, 748, b. 

HeciXov, 188, b. 

Pedisequi, 748, b. 

Peducaea Lex, 584, b. 

Pedum, 748, b. 

*Peganon, 749, a. 

Pegina, 749, a. 

*Pelamys, 749, b. 

*Pelargus, 749, b. 

UeXdrat, 749, b. 

ITfAdn/y, 267, a. 

*Pelecan, 749, b. 

*Pelecmus, 749, b. 

n/At/cu?, 861, a. 

*Peleias, 749, b. 

TI^A?^, 466, a. 

Pellex, 302, a. 

Pellis, 749, b. 

n^AoTrdrtf, 758, a. 

*Pelorias, 750, b. 

Pelta, 750. b. 

YlsXraarai, 94, b ; 99, b ; 750, b 

Pen, 187, a. 

H.r)vr), 954, b. 

*Penelops, 751, a. 

Tievearai, 751, a. 

*Penia, 751, a. 

YlrjviKtj, 293, a. 

Ufjviov, 954, b. 

Penicillus, 702, b. 

Pentacosiomedimni 229, b ; 

976, b. 
UcvTaerrjpis, 681, b. 
YlevraXiBC^eiv, 949, b 
IlcvTdXiQos, 483, b. 
*Pentaphyllon, 751, a. 
TievTd-Tvx<*i 944, a 
Pentathli, 751, b. 
Pentathlon, 751, a. 
YlevrnKovTopos, 890, b. 
HevnjKooTrj, 752, a. 
T\zvTTiKOGTo\6yoi, 752, a. 
UevTTjKoarus, 98, a. 
*Pentelicum Marmor, 752, b. 
IlevTfioas, 891, b. 
*Peperi, 752, b. 
*Peplis, 752, b. 
UiirXos, 752, b. 
Peplum, 752, b. 
Per Condictionem, 753, b. 
Per JudicisPostulationem,753, 

b. 
Per Manus Injectionem, 617, a. 
Per Pignoris Capionem or Cap- 

tionem, 753, b. 
Pera, 754, a. 
*Perca, 754, b. 
*Percnopterus, 754, b. 
*Percnus, 754, b. 
*Perdicion, 754, b. . 
*Perdix, 754. b. 
Perduellio, 609, a. 
Perduellionis Duumviri, 754, b. 
Peregrinus, 755, a. 
Peremptoria Exceptio, 19, a. 
Perfumes, 1062, a. 
Pergula, 755, b. 
HeptaKTOi, 969, a. 
YlepiBoXog, 958, a. 
Ucpiftpaxidviov, 96, a. 
*Periclymenon, 755, b. 
Uepideiirvov, 458, a. 
Ylepifiripia, 435, a. 
Ilepivetft, 893, a. 
HepioiKoi, 755, b. 
Yltpi-i rcia, 995, a. 
YIcpn:6ciov, 540, a. 
Tltpi-oXoi, 406, b. 
Yltpi-xTtpos, 290, a. 
Tlepip'p'avT^pia, 958, a. 
Periscelis, 757, b. 
*Peristera, 757. b. 
*Peristereon, 757, b. 
HzpioTia, 385, b. 
Peristiarch, 385, b. 
Peristroma, 951, b. 
UcpiarvXtov. 514, b 
PefiKtvbum. 517. b 



TlepiTtixtGnds, 1034, b. 
Peritiores, 558, a. 
Perjurium, 671, b. 
Perjury, 668, a ; 671, ^ 
TlepK>u>na, 929, b. 
Pero, 758, a. 
Tlepdvrj, 438, b. 
Uspdvrjfia, 438, b. 
Uipovii. 438, b. 
Perpendiculum, 758, a. 
Perpetua Actio, 18, a. 
Perula, 754, a. 
Prosecutoria Actio, 17, b. 
Ucp'&oXos, 843, a. 
*Perssea, 757, a. 
*Persica Mala, 758, a. 
Persona, 758, a. 
Pertica, 761, b. 
Pes, 761, b. 
Tiecaoi, 569, b. 
Pessulus, 526, a. 
Pesulania Lex, 584, b. 
Tle-aXicjftds, 135, b. 
HcTacrtov, 778, b. 
niracros, 778, b. 
Petasus, 778, b. 
Petauristffi, 764, a. 
Petaurum, 764, a. 
Fetitor, 20, a ; 46, a. 
Petorritum, 764, a. 
Petreia Lex, 534, b. 
TleTpoBoXoi, 455, a. 
Petronia Lex, 534, b. 
*Phagrus, 764, a. 
*Phacos, 764, a. 
<I>ati'tV(5a, 777, a. 
Phala;, 254, a. 
*Phal<sna, 764, a. 
*Phalangion, 764, b. 
Phalanga, 764, a. 
Phalanx, 101, b; 764, b. 
Phalarica, 4S9, b. 
<t>dXaoov, 764, b. 
Phalera, 764, b. 
Phallus, 363, b ; 432, a. 
<I>dAo?, 466, a. 
Pharetra, 765, a. 
Pharmaceutica, 765, b. 
<$>apnaK£vTptai, 767, a. 
QapnaKiSes, 767, a. 
<$}apiidK(j)v ypa<f>r), 766, b. 
QapfiaKot, 967, a. 
Qavds, 434, a ; 568, a. 
Pharos or Pharus, 767, a, 
<I>npo?, 717. b. 
Phaselus, 767, a. 
*Phaselus, 767, b. 
*Phasganon, 767, fc. 
$>doyavov , 478, a. 
*Phasianus, 767, b. 
*Phasiolus, 767, b. 
<Vdais, 767. b. 
*Phassa, 768, a. 
<i>ei5lria, 942. a. 
*Phellus, 768, a. 
QevdKT), 293, a. 
Phengites, 905, b. 
Qeovf/, 378, b ; 379, a 
QidXy, 738, a. 
*Phillyrea, 768, a 
"Philyra, 768, a. 
Philyra, 588, a. 
Qi/tos, 452, b. 
*Phleos, 768, a. 
*Phlomos, 768, a. 
*Phlox, 768, b. 
*Phoca, 768, b. 
'Phocama, 763, b. 
*Phcenicopterus, 768, b. 
*Phoenicurus, 768, b. 
*Phcenix, 768, b. 
<$>dvos, 768, b. 
<i>dvov cikt), 769, 
<t>opas d<f>avovs, itcQrjfiepivrjS Ot- 
ter/, 771, a. 
#rffe>,29I,a. 
<t>op6tia, 209, b; 771, a. 
QopeaQdooi, 570, b. 
<$>opuov, 570, a. 
<$>dpniy\, 605, b. 
<l>oo/;o'f. 900, a. 
Qd'pos, 956. b ; 1035, a. 
(^oprrjyoi, 891, a. 
Qopriicd, 891, a. 
$wo(i)v, 718, b. 
tywTayuyia, 396, a. 
*Phou, 771, a. 
*Phoxinus, 771, a. 
Qoaroiicbv yoanfiarziov, 22, b. 
tioaTpia, 2.^9, a, b ; 1003 b. 



Phrygio, 718, a. 
*Phrygius Lanis, 771, a. 
*Phrynos, 771, a. 
*Phtheir, 771, a 
<f>Qopd, 23, b ; 771, b. 
tiOopu t&v 'EXcvdepuiv, 771 b 
<S>vyfj, 134, b. 
*Phycis, 771, b. 
*Phycus, 771, b. 
<l>vXaKTrjpiov, 55. a. 
QvXaoxot, 771, b. 
QvXf), 1001. b. 
*Phyllitis, 771, b. 
4>vXo6aoiXeis, 422, a 771 b 
QuXov, 1001, b. 
Qvaai, 449, a 
*Physalus, 772, a. 
"Pvokt), 167, b. 
Physiologia, 772, a 
Physicians, 630, a. 
Picatio, 1051, b. 
Pictnra, 699, b. 
*Picus, 774, b. 
Pignoraticia Actio. 776, b 
Pignoris Capio, 753, b 
Pignus, 775, a. 
Pila, 642, b ; 777, a. 
Pilani, 103. 1). 
Pilentum, 777, b. 
Pileolum, 778, a. 
Pileolus, 778, a 
Pileum, 777, b. 
Pileus, 777, b. 
Pilicrepus, 777, a. 
lli'Aj^a, 778, a. 
TliXtov, 778, a. 
HjAoj, 778, a. 
Pilum, 489, a; 642, o 
+ Pilos, 779, b. 
Pinacotheca, 779, b. 
Pinaria Lex, 5S4, b. 
nival, 944, a. 

Uivu\ f\-/cA»/c(ntrn/c(?r, 348, a. 
*Pinna, 779, b. 
*Pinnophylax, 779, b. 
*Pinus, 779, b. 
*Piper, 780, a. 
Piscatorii Ludi, 601, b 
Piscina, 75, b ; 148, a. 14tf, « 
*Pissasphaltos, 780, a. 
Tliccwais, 1051, b. 
*Pistacia, 780, a. 
Pistillum, 642, b. 
Pistor, 780, a. 
Pistrinum, 640, a ; 6i2 b 
*Pithecus, 760, b. 
Tlldoi, 1051, b. 
Uidoiyia, 364, b. 
Pittacium, 54, a ; 440, a 
♦Pityocampe, 780, b. 
*Pitys, 780, b. 
PliEtona Lex, 328, a. 
Plaga, 836, b. 
Plagiarius, 781, a. 
Plagium, 780, b. 
Planipes, 301, a. 
HXaGTiKr), 913, a. 
IIAaray>7, 335, b. 
HXarayiovtov, 335, b. 
*Platanus, 781, a. 
Plaustrum or Plostrnm, 781, 
Plautia or Plotia Lex de Vi 
1058, a. 

" Judiciaria, 584. b 

Plebeii, 781, b. 
Plebeii Ludi, 601, b. 
Plebes, 7S5, b. 
Plebiscitum, 785, b; 1005, b 
Plebs, -81, b. 
UXfjKTpxv, 606, b. 
Plectrum, 606, b. 
Pledges, 775. 
UXeiGTo6oXivSa, 95U a 
IlXfiftvrj, 331, b. 
nXrjuoxdai, 396, a. 
nXrjftoxdrii, 396, a. 
Pleni Menses, 191, a; 99, n 
TlXedpov, 763, b. 
TlXivOiov, 567, b. 
UXtvOii, 567, b. 
IlXivQos, 567, b ; 903 t 
IlXdKaiios, 291, b. 
*Plocimos, 766, a. 
UXo7ov, 889, b. 
Plough, 79, a. 
HXovnapids, 718, a. 
Plumarii, 786, a. 
H\vvTr)pia, 786, b. 
*Plunibago, 786, a. 
♦Plumbum, 786. a. 
11)9 



GENERAL INDEX. 



Pluteus, 573, a ; 786, b. 

Pneumatici, 786, b. 

*Pnig.tis, 787, b. 

Tlvv$ 384, a. 

Puyx, 384, a. 

TloKds, 291, a. 

Po-vilum, 787, b. 

Uofci, 890, a ; 894. a 

Podium, 53, a. 

no5oK(iKKrj, 213, a. 

*PoS, 787, b. 

*Poecilis, 787, b. 

*Poecilus, 787, b. 

Pcena, 787, b. 

Poetelia Papiria Lex, 584. b ; 

f,57, b. 
fTwyw), 138, a. 
JloiKiXTrj;, 718, a. 
Uoitiv, 22, a. 
IluielaOai, 22, a. 
Uoiqois, 22, a. 
ILoirjTOS, 22, a. 
Poisoning, 766, b ; 1038, b 
Tlo\£fiapxos, 788, a. 
*Polemonium, 788, a. 
Hb)\rjTai, 788, a. 
nwXrjTfjpiov, 788, a 
*Polion, 788, b. 
TioXiTeia, 258, b. 
YlnXirrji, 258, b. 
n.o\iTo<pv\ax£s, 946, a. 
Pollicaris, 762. b. 
Pollicitatio, 676, a. 
Pollmctores, 459, a. 
UoXos, 508, b. 
TioXvizrvxa, 944, a. 
*Polycarpurn, 788, b. 
Polychromy, 705, a. 
*Polygalon, 788, b. 
*Polygonaton, 788, b. 
*Polygonum, 788, b. 
* Polypus, 788, b. 
Polymita, 956, a. 
*Pomatias, 789, b. 
Pomcerium, 789, b. 
Pompa,"790, a. 
Pompa Circensis, 255, b. 
Pompeiae Leges, 584, b. 
*Pompholyx, 790, a. 
*Pompilus, 790, a. 
Pondn, 591, a. 
Pons, 173, a. 

: ' JElius, 174, b. 

' : iEmilius, 174, a. 

" Cestius, 174, b. 

" Fabricius, 174, b. 

" Janiculensis, 174, a. 

" Milvius, 175, b. 

" Palatmus, 174, b. 

" Sublicius, 174, a. 

" Vaticanus, 174, a. 
Poutifex, 790, a. 
Pontifices Minores, 792, b. 
Pontificales Libri, 791, a. 
Pontificales Ludi, 601, b. 
Pontificiuui Jus, 560, a ; 791, 

a ; 792, a. 
Ponto, 792, a. 

Popa, 226, b ; 327, a ; 846, a. 
Popilia Lex, 584, a. 
Popina, 226, b. 
Poplifugia, 792, b. 
Populares, 687, b. 
Populates Acriones, 1050, a. 
Popularia, 53, a. 
Populus, 742, b. 
Populifugia or Poplifugia, 792 

b. 
Por, 8S5, b. 
Porciae Leges, 535, a. 
Tldpvr), 502, a. 
Tlopvelov, 502, b. 
UopviKbv TeXos, 502, b ; 503, a. 
TlopvoSoaKoi, 502, b. 
n.opvoTe\CJvai, 502, b. 
XlopicTai, 793, a. 
TLopvoypa(pia, 712, a 
*Poros, 793, a. 
ITdpTrui 268, b. 
YldpTtt], 438, b. 
Hopitfjijia, 433, b. 
Porta, ^ a. 
Portcullis, 224, a. 
Portentum, 810, b. 
Torticus, 794, a. 
Porlisculus, 748, a ; 794, K 
Portitores, 794, b ; 822, b 
Portorium, 791, b. 
Portumnalia, 795. a. 
Porttmalia, 795, a. 
1120 



Posca, 795, a. 
YIog£i6e(j)v, 190, a. 
liovEidwvia, 795, a. 
Poasessio, 795, b. 
Possessio Bonorum, 165, b. 
Possessio Clandestina, 544, a. 
Possessor, 795, b. 
Postes, 524, b. 
Posticura, 524, b 
Postliminium, 799, a. 
Postmeridianum Tempus, 362, 

a. 
Postulaticii, 476, b. 
Postumus, 500, a. ■ 
*Potamogeiton, 800, a. 
*Poterion, 800, a. 
Potestas, 741, a. 
*Pothus, 800, a. 
Pottery, 439, a. 
IToyj, 761, b. 
Ylp&KTopzs, 800, b. 
Praecidaneae Feriae, 437, a. 
Praecinctio, 53, a ; 968, a. 
Praecinctus, 1024, b. 
*Praecocia, 800, b. 
Praecones, 800, b. 
Praeconium, 801, a. 
Praeda, 799, b ; 800, a ; 906, b. 
Praediator, 804, b. 
Praediatorium Jus, 804, b. 
Prsediorum Servitutes, 878, a. 
Praedium, 801, a. 
Prafectus, 102, b. 

" ^Erarii, 28, b. 

" Annonae, 802, a. 

" Aquarnm, 75, b. 

" Castrorum, 802, b. 

" Classis, 802, b. 

" Fabrum, 428, a. 

" JuriDicundo,282,b. 

" Praetorio, 802, b. 

" Vigilum, 803, a. 

" TJrbi, 803, a. 
Praefectura, 283, a, b. 
Praeficae, 459, b. 
Prcsfurnium, 151, a; 450, a. 
Praejudicium, 804, a 
Praelusio, 476, a. 
Praenomen, 660, b. 
Praepetes, 130, a. 
Praepositus, 804, a. 
Praerogativa Centuria, 297, a ; 

1007, b. 
Praerogativa Tribus, 1007, a, b. 
Praerogativse, 1007, b. 
Praes, 804, b. 
Praescriptio, 804, b. 
Praeses, 815, b ; 817, a. 
Praesul, 850, a. 
Prffiteriti Senatores, 665, b ; 

866, b. 
Praetexta, 987, b. 
Praetextata Fabula, 300, b. 
Praetor, 805, b. 
Praetor Peregrinus, 806, a. 
Praetor Urbanus, 806, b. 
Praetoria Actio, 17, b. 
Praetoria Cobors, 806, b. 
Praetoriani, 806, b. 
Praetorium, 807, b. 
Praevaricator, 875, a. 
Pragmatici, 674, b. 
Prandium, 274, b. 
*Prasites Lapis, 807, b. 
♦Prasium, 807, b. 
*Prasocuris, 807, b. 
*Prason, 807, b. 
Uparfip XlQos, 881, a. 
UpaliEpyiSai, 786, b. 
Precarium, 544, a. ■ 
Prehensio, 1000, b ; 1001, b, 
Prelum or Praelum, 807, b. 
Prensatio, 46, a. 
*Prester, 807, b. 
TIprjCTrjpes, 449, a. 
Priests, 843, a. 
Primicerius, 807, b. 
Primipilaris, 232, a. 
Primipilua, 232, a. 
Princeps Juventutis, 418, b. 
Princeps Senatus, 866, a ; 867, 

a. 
Principales Constitutions, 304, 

b. 
Prmcipes, 103, b ; 613, b. 
Principia Principalis Via, 220, 

b ; 221, a. 
*Prinos, 808, a. 
Ylpidiv, 876, b. 
Prison, 213, a 



*Pristis, 808, a. 
Privatae Feriae, 435, a. 
Privatum Jus, 261, a; 561 a. 
Privilegium, 581, a. 
Privigna, 31, a. 
Privignus, 31, a. 
HpodyvEvais, 395, b. 
UooaywyEiag ypafij, 808, a. 
Proavia, 277, b. 
Proavunculus, 277, b. 
Proavus, 277, b. 
UpoSoXrj, 808, a. 
HooSovXev/xa, 168, b ; 169, a ; 

664, a. 
TIp66ovXoi, 809, a. 
UpoKtidapcis, 395, b. 
UookXtjgis, 353, b ; 354, a. 
UpoxEipoTovia, 169, a. 
Proconsul, 809, b ; 815, b. 
Procuratio Prodigiorum, 810, b. 
Procurator, 19, b ; 190, a ; 444, 

b ; 810, a ; 816, a. 
Prodigies, 810, a. 
Prodigium, 810, a. 
Prodigus, 328, b ; 329, a ; 960, b. 
Hpodo/jLos, 958, b. 
HpoSoffia, 810, b. 
Upodoaias ypad>>'), 811, a. 
UpoSpo/ios, 51o, a. 
Uposopevovaa <pvXrj, 170, b. 
UpoeSpia, 259, a. 
HpocSpji, 168, b ; 170, a. 
Hporjopovia, 811, b. 
Hpoeiaipopd, 392, b. 
Upoeia^opag 5iKtj, 811, b. 
Pneliales Dies, 362, b. 
JlpoEnSoXig, 892, a. 
Profesr.i Dies, 362, b. 
TIpoydnEia, 619, b. 
Progener, 31, a. 
ripwt, 361, b. 

Projiciendi Servitus, 878, b. 
IIoo/J, 379, a. 
Proletarii, 212, a ; 296, a. 
ITpdXoyof, 995, a. 
Hpo/xavTEia, 688, a. 
UpdfxavTis, 689, b. 
Promatertera, 277, b. 
npoti^Eia, 812, a. 
Promissa, 623, b. 
Promissor, 673, a. 
UponvfjcTpiai, 619, a. 
UpofivrjarplSES, 619, a. 
Promulsis, 275, a ; 1054, b. 
Promus, 228, b. 
Promuscondus, 228, b. 
Updvaog, 958, b. 
Pronepos, 277, b. 
Proneptis, 277, b. 
Pronubag, 625, b. 
Pronubi, 625, a. 
Pronurus, 31, a. 
Wpooifxoaia, 359, a. 
Property-tax (Greek), 392, a. 
Property-tax (Roman), 1098, b. 
Propnigeum, 151, a. 
IIpo0>7r>7j, 395, b ; 688, a. 
Upo(j)rjris, 688, a. 
Propraetor, 815, b. 
Upoirovs, 894, a. 
Proprietas, 374, b ; 795, b. 
Prora, 892, a. 
UpwpEvg, 892, a. _ 
Tlpo<jKE<j>dX£iov, 572, a. 
Proscenium, 968, b. 
Ylp6cncXr]<ns, 358, a ; 626, b. 
Proscribere, 812, a. 
Proscripti, 812, a. 
Proscriptio, 812, a. 
UpovKvvriais, 23, a. 
Prosecta, 846, a. 
Prosiciae, 846, a. 
HpoauiiElov, 758, a. 
TipdawTtov, 758, a. 
lipoardi, 515, a. 
IF pocTaTTjs, 589, b ; 636, b. 
UpoardTTjs tov Srj/xov, 812, b. 
Upoariixav, 32, b. 
TipoarifjiacOai-, 32, b. 
TJpocTi/jirjiia, 983, b. 
Prostitutes, 502, a. 
TIpoaToov, 514, b. 
TlpocTvXos, 290, a. 
UpoaTvna, 399, b. 
Lpwrayamorfc, 505, b. 
DporfAaa ydixuv, 619, b. 
UpdOsais, 456, a. 
llpodicnia, 812, b. 
I.'oofl£<7/.(('i(? %6/j.oi, 812, b. 
Dpd0opa,514, a; 527, a. 



HpurdXEiov, 376, b. 
ITpdrovoi, 889, b ; 894, a 
Tlporpvyia, 812, I 
Provmcia, 813, a. 
*Proumnos, 8 18, s. 
Provocatio, 73, b. 
Provocatores, 476, b. 
TIpotyvia, 511, b. 
npd^tvoj, 512, b. 
Proximus Admissiomim, 22, ■ 
Proximus Infantiae, 538, r.. 
Proximus Pubertati, 539, a. 
Prudentiores, 558, a. 
TtpvXcEs, 247, a; 851, a 
UpvXis, 851, a. 
HpvHVT] r 892, a. 
*Prunum, 818, a. 
*Prunus, 818, a. 
HpvravEia, 168, b. 
HpvravElov, 818, a. 
npvravEls, 168, b ; 170, 918, ts 
VdXiov, 95, b. 
VaXis, 449, a. 
*Psar, 818, b. 
fiXtov or fiXXtov, 95, t> 
*Psen, 818, b. 

VWiana, 168, b ; 386, b ; 664 a, 
Vfiipos, 818, b ; 839, b. 
*Psetta, 819, b. 
¥Ev!)£Yypa<pris ypa<br\, 819, b. 
*^£ii(5/7j Z/jidpaydos, 820, a. 
*Pseudobouniu'm, 820, a. 
*Pseudodictamnum, 820, a 
VsvSoicXriTEias ypaipij, 820, a. 
\p£u<5o<5nn-£pof, 290, a. 
VEvSo/jiapTvpiaiv Siicr), 627, b 
ViXoi, 94, a; 99, b. 
*Psimmythion,-820, b 
*Psittacus, 820, b 
fvKTr'ip, 820, b. 
*Psylla,821,a. 
*Psyllion, 821, a 
*Psylon, 821, a. 
*Ptarmice, 821, a 
*Ptelea, 821, a. 
*Ptens, 821, a. 
*Pternix, 821, a. 
Htvktiov, 944, a. 
Utvov, 715, b. 
Ilvavi^i-a, 821, a 
TivavE&nbv, 190, a. 
Pubertas,328,a;532. % "37, t> 
Pubes, 532, a. 
Publicae Feriae, 435, b 
Publicani, 821, b. 
Publici Servi, 885, a 88/ a. 
Publicia Lex, 585, a. 
Publiciana in Rem Actio,822, h 
Publicum, 821, b. 
Publicum Jus, 261, a ; 561, a 
Pubhcus Ager, 34, a; 798, b 
Publilia Lex, 823, a. 
Publilise Leges, 823, a 
Ub<v6(jTvXos, 290, a. 
IIv<cTai, 823, b. 
ITtfAot, 456, b; 599, a 
P» er, 385, b. 
Pagilatus, 823, b. 
Pugiles, 823, b. 
Pugillares, 944, a. 
Pugio, 824, a. 
Ilvynaxia- 823, b. 
IJ<W7> 823, b ; 763, b. 
Yivyiioovvrj, 823, b. 
Uvywv, 763, b. 
HvXayooai, 49, b. 
UvXv, 793, a. 
JlvXU, 793, a. 
Pullarius, 131, b. 
ITvXwv, 514, b ; 794, a 
Pulpitum, 968, b. 
Pulvinar, 824, b. 
Pulvinus, 824, b. 
Punctum, 297, a 
Pupia Lex, 585, l. 
Pupillus, 531, a;.'38 a, i02S 

b. 
Pupillaris Substitutio, 498, b. 
Puppis, 892, a. 
Tlvpdypa, 449, a. 
Tlvpai, 456, b. 
Ilvpyos, 1027, a. 
Ilvpia, 599, a. 
HvpiaTrjptov, 599, a. 
Purification, 604, a. 
HvpojxavTEia, 369, b 
ni'p/ f ('x'?, 851, a. 
Ylvppix iaTn <-i 851, b 
Purses, 626, a. 
Puteal, 824. b. 



GENERAL INDEX 



Pateus, 148, a. 
mdia, 825, b. 
TUOtoi, 825, a. 
rivOnxoijaroi, 424, b. 
Puticulae, 461, a. 
Puticuli, 461, a. 
mi, 823, b. 
tlvlidiov, 827, b. 
Tlvfyovt 183, a. 
Tlvfa, 827, b. 
Uvloi, 183, a. 
♦Pycnocomou, 825, a. 
*Pygargus, I., II., 825, a. 
♦Pygmaeus, 825, a. 
♦Pygolampis, 825, a. 
Pyra, 460, a. 
♦Pyrethrum, 825, a. 
♦Pyrilampis, 825, b. 
♦Pyromachus Lapis, 825 i 
Pvrrhica, 851, a. 
♦Pyrrhulas, 825. b. 
*Pvrus, I., II., 825, b. 
Pythia, 688, a. 
Pvthian Games, 825, b. 
Pytho, 637, b. 
Pyxidula, 827, b. 
Pyxis, 827, b. 
♦Pyxus, 827, b. 

Q- 

Quadragesima, 827, b. 
Quadrans, 110, b ; 591, a. 
Quadrantal, 325, a. 
Quadratarii, 715, a. 
Quadriga, 159, b; 332, b. 
Quadrigatus, 159, b. 
Quadriremes, 891, b. 
Quadrupes, 747, b. 
Quadruplatores, 828, a. 
Quadruplicate-, 19, b. 
Quadrussis, 111, a. 
Quiesitor, 552, a. 
Quaestiones, 552, a ; 806, b. 
Quaestiones Perpetuae, 552, a ; 

806, b. 
Quaestor, 828, a. 
Quaestores Classici, 828, b. 
Quaestores Parricidii, 828, a. 
Qusstores Sacri Palatii, 829, b. 
liusestorii Ludi, 601, b. 
Quaestorium, 221 (plan) ; 220, 

b ; 223, a. 
ijuiestura Ostiensis, 829, a. 
Quales-Quales, 887, b. 
ljualus, 188, b. 
t^uanti Minoris Actio, 829, b. 
l^uartarius, 8S9, b. 
Quasillariae, 168, b ; 953, a. 
Quasillus, 188, b. 
Quatuorviri Juri Dicundo, 282, 

b. 
Quatuorviri Viarum Curanda- 

rum, 830, a ; 1043, b. 
Querela Inofficiosi Testament!, 

964, b. 
Quinarius, 349, a. 
Quinctilis, 191, a. 
Quincunx, 110, b; 591, a. 
Quindecimviri, 340, b. 
Quinquagesima, 830, a. 
Quinquatria, 830, a. 
Quinquatrus, 830, a. 
Quinquennalia, 830, b. 
Quinquennalis, 283, a. 
Quinqueremes, 891, b. 
Q'linquertium, 751, a. 
Quinqueviri, 830, b. 
Quinqneviri Mensarii, 634, a. 
Quintana, 220, b; 221, b. 
Quintia Lex, 585, a. 
Quintilis, 191, a. 
Quirinalia, 831, a. 
Quirinalis Flamen, 445, b. 
Quiritium Jus, 261, a; 561, a. 
Quiver, 765, a. 
Quod Jussu, Actio, 562, b. 
Quorum Bonorum, Interdic- 

tum, 831, a. 

R. 'P. 
Races, 256, a. 
Radius, 331, b 
*Raia, 832, a. 
Ramnenses, 743, a 
Ramnes, 743, a, 
*Rana, 832, a. 
'Ranunculus, 832, a. 
♦Raphanus, 832, a. 
Rapina or Rapta Bona, 164, 1> ; 
464, a. 

7C 



Rallum, 832, a 

Rallus, 832, a. 

Rastellus, 832, a 

Raster, 832, a. 

Rastrum, 832, a. 

Rates, 889, b. 

Rationibus Distrahendis Actio, 

1030, a. 
Razor, 138, a; 139, a. 
Recepta ; de Recepto, Actio, 

832, a. 
Recinium, 839, a. 
Recinus, 839, a. 
Recissoria Actio, 542, a. 
Rector, 817, a. 

Recuperatores, 18, b ; 550, b. 
Reda, 838, a. 
Redemptor, 832, b. 
Redhibitoria Actio, 832, b. 
Redimiculum, 833, a. 
Regia Lex, 833, a. 
Regifugium, 833, b. 
Regina Sacrorum, 837, b. 
Regula, 833, b, 
Rei Residua? Exceptio, 19, a. 
Rei Uxoriae or Dotis Actio, 380, 

b. 
Relatic, 869, b. 
Relegatio, 136, a. 
Relegatus, 136, a. 
Rcmancipatio, 371, a; 398, b. 
Remmia Lex, 203, a. 
Remuria, 578, a. 
Remus, 893, a. 
Repagula, 526, a. 
Repetundae, 833, b, 
Replicatio, 19, b. 
Repositorium, 275, b. 
Repotia, 625, b. 
Repudium, 371, a. 
Res, 374, a. 
" Communes, 374, b. 
" Corporales, 374, b. 
11 Divini Juris, 374, a. 
11 Hereditaria?, 374, b. 
" Humani Juris, 374, a. 
" Immobiles, 374, b. 
" Incorporales, 374, b. 
" Mancipi, 374, b ; 1066, a, 
" Mobiles, 374, b. 
" nee Mancipi, 374, b ; 1066, 
a. 

" Nullius, 374, a. 
" Privatae, 374, a. 
" Publicae, 374, a. 
" Religiosae, 374, a. 
" Sacrae, 374, a. 
" Sanctae, 374, a. 
" Universitatis, 374, a. 
" Uxoria, 370, b ; 371, a. 
Rescriptum, 304, b. 
Responsa, 558, a. 
Respublica, 1063, a. 
Restitutio in Integrum, 834, b. 
Restitutona Actio, 542, a. 
Rete, 836, a. 
Retentio Dotis, 370, b. 
Retiarii, 476, b. 
Reticulum, 187, b ; 836, a. 
Retinacula, 894, b. 
Retis, 836, a. 
Reus, 20, a ; 675, a. 
Rex Sacrificulus, 837, a, b. 
Rex Sacrificus, 837, a, b. 
Rex Sacrorum, 837, b. 
*Rha, 837, b. 
'PaSSiov, 702. b. 
'Pa65ov6fioi, 33, a. 
Ta&5o f , 1057, b. 
'PaBSovxoi, 33, a. 
♦Pattrrijp, 610, a. 
*Rhamnus, 838, a. 
*Raphanis, 838, a. 
*Raphanos, 838, a. 
•Pa^V, 20, b. 
Rheda, 838, a. 
'Yrjyea, 572, a. 
♦P^rwp, 838, a ; 936, b. 
'Pijtooikt) ypatyri, 838, a. 
•P^rpa, 662', b. 
* Rhine, 838, b. 
♦Rhinoceros. 838, b. 
'Ftvoirvbri, 793, b. 
'Pen's, 444, b. 
'PiirioTrjo, 444, b. 
'?0(5<£v77,'954, a. 
Rhodia Lex. 585, a. 
'FoSd^eXi, 1054, b. 
*Rhodon, 838, b. 
*Rhcea, 838. b. 



*Rhombus, 838, b. 

'PdTrrpov, 526, b. 

'Pu>//a, 599, a. 

r PviJi6s, 331, b. 

'Pvirapoypa<bia, 712, a. 

♦Rhus, 838, b. 

'Pvata, 933, a. 

•Punfi/,838, b. 

*Rhyta, 838, b. 

♦Rhytros, 839, a. 

Rica, 446, b. 

Ricinium, 839, a. 

Rings, 839, a. 

Road, 1041, b. 

Robigalia, 841, a. 

♦Robur, 841, a. 

Robur, 213, b. 

Rogare Legem, 580, a. 

Rogatio, 580, a. 

Rogationem Accipere, 580. a. 

Rogationem Promulgare,580,a. 

Rogationes Liciniae, 841, a. 

Rogatores, 367, b. 

Rogus, 460, a. 

Romana, 717, b. 

Romphea, 489, b. 

Rope-daneers, 454, a. 

Ropes, 842, b. 

Rorarii, 841, b. 

♦Rosa, 841, b. 

Roscia Theatralis Lex, 585, a. 

♦Rosmarinus, 841, b. 

Rostra, 841, b. 

Rostrata Columna, 290, b. 

Rostrata Corona, 310, b. 

Rostrum, 892, a. 

Rota, 331, b ; 439, a. 

♦Rubeta, 842, a. 

♦Rubrica, 842, a. 

Rubria Lex, 585, a. 

Rubrica, 122, a. 

Rudder, 480, b. 

Rudens, 842, a. 

Ruderatio, 519, b. 

Rudiarii, 476, a. 

Rudis, 476, a. 

Rudus, 1042, b. 

Ruffuli, 1001, b. 

Rumpia, 489, b. 

Runcina, 842, b. 

Rupiliae Leges, 585, b ; 813, a. 

Rutabulum, 843, a. 

Rutellum, 842, b. 

Rutiliana Actio, 842, b. 

Rutrum, 842, b. 

S. 2. 

Sabanum, 719, a. 
♦Saccharum, 843, a. 
Da/c%u^arraj, 187, b. 
Saccus, 1052, a. 
Sacellum, 843, a. 
Sacena, 374, a. 
Sacerdos, 843, a. 
Sacerdotium, 843, a. 
Sacra, 844, a. 

" Gentilitia, 469, b. 

" Municipalia, 845, a. 

" Privata, 844, b. 

" Publica, 844, a. 
Sacramento, 1048, a. 
Sacramentum. 670, b ; 1048, b. 
Sacrarium, 845, a. 
Sacratae Leges, 585, b. 
Sacrifices, 845, a. 
Sacrificium, 845, a. 
Sacrilegium, 846, b. 
Sacrilegus, 846, b. 
Sacrorum Alienatio, 469, b. 
Sacrorum Detestatio, 469, b. 
Sacrum Novemdiale, 435, b. 
Saddles, 407, b. 
Saeculares Lndi, 601, b. 
Sasculum, 847, a. 
♦Sagapenum, 847, a. 
^■ayfivrj, 837, a. 
Zdyiov, 595, b. 
Sagilta, 847, a. 
Sagittarii, 848, a. 
Edyfia, 378, b. 
Sagmarii Equi, 378, b. 
Sagmina, 848, a. 
Sagulum, 848, a. 
Sagum, 848, a. 
Sails, 893, b. 
♦Salamandra, 848, b. 
♦Sal Ammomacum, 849, a. 
Salaminia, 848. b. 
%a\aixlvioi. 848, b. 
Salarium, 849, a. 



Salii, 849, b. 
Salillum, 850, b. 
Salina?, 850, a ; 1035, b. 
Salinum, 850, b. 
♦Salpe, 850, b. 
♦Salpinx, I., II., 850. b. 
ZdXiriyt, 1021, b. 
Salt, 1035, b. 
Salt-cellar, 850, b. 
Salt-works, 850, a ; 1035,1 
Saltatio, 850, b. 
Saltus, 859, b. 

Saivianum Interdictum, 543, I 
Sa'.utatores, 852, b. 
Sambuca, 852, b. 
Sambucistriae, 852, b. 
♦Samia Terra, 853, b. 
'Samius Lapis, 853. b 
Samnites, 477, a. 
♦Sampsychon, 853, b. 
Sandal, 154, b; 904, a. 
Sandalium, 853, b. 
Sandapila, 459, b. 
♦Sandaracha, 853, b. 
♦Sandix, 854, a 
♦Santalon, 854, a. 
Savj'f, 525, b. 
Sapa, 1051, b. 
♦Sapphirus, 854, a. 
Sarcophagus, 460, a 
Sarculum, 854, a. 
♦Sarda, 854, a. 
Sardiani, 600, b. 
* Sardonyx, 854, b. 
Savissa, 489, b. 
Sarracum, 854, b. 
Sartago, 854, b. 
Satira, 854, b. 
Satisdatio, 19, b. 
Satura, 854, b. 
Satura Lex, 580, b ; 855, a 
Saturnalia, 855, b. 
Tdrvpos, 990, b. 
♦Satyrion, I., II., 856, a. 
*Satyrus, 856, a. 
♦Saurus, I., II., 856, a. 
"ZavpwTrjp, 488, b. 
Saw, 876, b. 
*Saxifragum. 856, b. 
Scabellum, 335, b , 857, a 
Scabillum, 335, b. 
Scalae, 856, b. 
Scalae Gemoniae, 213, b. 
Scales, 589, b. 
ZicaXis, 854, a. 
Scalmi, 892, b. 
Scalpellum, 243, b. 
Scalptura, 860, a. 
Scalpturatnm, 519, b. 
♦Scammonia, 857, a. 
Scamnum, 857, a. 
♦Scandix, 857, a. 
Scantinia Lex, 585, b. 
TKaiTspSa, 483, b. 
Scapha, 857, a. 
Scapus, 288, b. 
^Ka<prj, 317, b. 
2/cap/7^opia, 523, a. 
*Scarus, 857, a. 
Scena, 968, b. 

Scenici Ludi, 600, n ; 632, t 
♦Scepanos, 857, a. 
♦Scepinos, 857, b. 
'Exixapvov, 112, a. 
£/:)77rroux<H, 857, b. 
"£,KrjKTpov, 857, b. 
Sceptrum, 857, b 
Hkevtj Kpcuaord, 893, b. 
" wXeKrd, 893, a. 
' " ty\iva. 893, a. 
r*£i;o0opo?, 523, b. 
X%£<5<aj, 173, b ; 889, b. 
'2.XW aT(l Tcrpdyiova, 501, *. 
♦Schinos, 858, a. 
♦Schistus Lapis, 858, a 
♦Schceniclus, 858, a. 
♦Schcenus, 858, a. ( 

Schoenus, 858, a. 
Txoivia, 894, a, b. 
S^oti/ofiur//?, 454, a 
SxoTi'oj, 858, a. 
Schola, 148, a. 
Zicia. 700, a. 
'ZkiuSuov, 1061, b. 
ZiciaSTiQopia, 523, a 
^Kiddiov, 1061, b. 
E-Kiaypacpi'i, 700. a. 
^Kiaypaipid, 700, a 
♦Sciana, 858, a. 
^Kidi, 977, b. 

1121 



GENERAL INDEX. 



ItcidVvojjr, 508, b 

"Scilla, 858, a. 

Zki/aitovs, 572, b. 

Sciothericum, 509, a. 

?.Kipo<popi&v, 190, a. 

Scipio, 857, b. 

Scire, 871, a. 

Scissor, 275, b. 

Scitum Populi, 580, a. 

*Sciurus, 858, a. 

Zxo'Xd.l, 454, a. 

*Scolopax, 858, b. 

*Scolopendra, 858, b. 

*Scolopendrion, 858, b. 

*Scolopia, 858, b. 

"ZKoXoif/, 324, a. 

*Scolymus, 858, b. 

*Scombros, 858, b. 

*Scops, 858, b. 

*Scordium, 858, b. 

*Scorodon, 858, b. 

*Scorodoprason, 858, b. 

Scorpio, 989, a. 

*Scorpio, II., 858, b. 

♦Scorpio, III., 859, a. 

*Scorpio, IV., 859, a. 

*Scorpioeides, 859, a. 

Scortea, 699, a. 

Screw, 272, a. 

Scribae, 859, a ; 1063, b. 

Scribonia Lex, 585, b ; 1068, a. 

Scrinium, 211, b. 

Scriplum, 859, b. 

Scripta, 795, a. 

Scripta Duodecim, 569, b. 

Scriptura, 859, b. 

Scripturarii, 859, b. 

Scripulum, 859, b. 

Scrobes, 76, b. 

Scrupulum, 859, b ; 1062, a. 

Sculptura, 860, a. 

Sculpture, 860, a ; 912, a. 

Sxupia Sliaj, 860, b. 

Xkv ra A»7, 861, a. 

"ZicvQai, 347, a. 

Scutum, 860, b. 

*Scylium, 861, a. 

Scytale, 861, a. 

♦Scytale, II., 861, a. 

Scythe, 428, b. 

Zriicos, 958, b. 

Sectatores, 46, a. 

Sectio, 861, b 

Sector, 861, b. 

Sectorium Interdictum, 543, b ; 

861, b. 
Securicula, 861, b. 
Securis, 861, b. 
Secutores, 477, a. 
Sapato?, 332, b. 
Setpacpopos, 332, b. 
2££(ra^;0£ta, 861, b. 
^eluTpov, 899, a. 
*Seliuon, 862, a. 
Seliquastrum, 863, a. 
Sella, 862, a 
Si'mara, 457, a. 
Sembella, 349, a. 
^■rjpiEiov, 539, b ; 896, a. 
Semeiotica, 863, b. 
Sementivas Feriae, 436, b. 
Semimares, 467, a. 
Semis, Semissis, 110, b; 129, 

b; 591, a. 
Semproniae Leges, 864, a. 
Sempronia Lex de Fcenere, 

586, a. 
Semuncia, 1062, a. 
Semunciariurn Fenus, 547, b. 
Senate (Athenian), 168, a. 
" (Roman), 864, b. 
«< (Spartan), 473, b. 
Senator, 864, b. 
Senatus, 864, b. 
Senatusconsultum, 870, b. 

*' Apronianum, 872, a. 

" Articuleianum, 872,a 

" de Bacchanalibus, 
386, b ; 872, a. 

" Calvitianum, 557, a ; 
872, b. 

" Claudianum, 872, b. 

" Dasumianum,873, a. 

" Hadriani, 873, a. 

" Juncianum, 873, b. 

" Junianum, 873, b. 

** Largianum, 873, b. 

" Libonianum, 873, b. 

" Macedonianum, 873, 
b. 

1122 



« 
tt 

u 
CI 

« 
(( 
cc 
« 

«< 

K 
U 
U 
(( 
(i 
« 



Senatusconsultum Memmia- 
num, 873, b. 

Neronianum, 873, b. 

Orphitianum, 874, a. 

Pegasianum, 874, a. 

Persicianum, 874, a. 

Pisonianum, 873, b. 

Plancianum, 874, a. 

Plautianum, 874, a. 

Rubrianum, 874, b. 

Sabinianum, 874, b. 

Silanianum, 874, b. 

Tertullianum, 874,b. 

Trebellianum, 875,a. 

Turpilianum, 875, a. 

Velleianum, 875, a. 

"Vitrasianum, 875, a. 

Volusianum, 875, a. 
Seniores, 296, b ; 1007, b. 
Sepelire, 461, a. 
September, 191, a. 
Septemviri Epulones, 414, a. 
Septimatrus, 830, b. 
Septimoiitium, 875, a. 
Septum, 297, a. 
Septunx, 110, b; 591, a. 
Sepulchri Violati Actio, 462, a ; 

1049, a. 
Sepulchrum, 461, a. 
Sequestres, 46, a. 
Sera, 526, a. 
Seriae, 374, a ; 1051, b. 
Sericum, 875, b. 
*Serpens, 876, a. 
*Serpyllum, 876, b. 
Serra, 876, b. 

Serrati, sc. Nummi, 349, b. 
Serrula, 876, b. 
Serta, 877, a. 
Serviana Actio, 776, b. 
Servilia Agraria Lex, 586, a. 
" Glaucia Lex, 834, a. 
" Judiciaria Lex, 553, a : 
586, a. 
Servitus, 883, a. 
Servitutes, 877, a. 
Servus (Greek), 880, b. 
Servus (Roman), 883, a. 
*Ses, 888, a. 
*Sesamum, 888, a. 
Sescuncia, 110, b; 591, a. 
Sescunx, 110, b; 591, a. 
*Seseli, 888, a. 
Sestertius, 888, b. 
Sevir Turmae Equitum, 418, b. 
Seviri, 127, b. 
Sex Suffragia, 416, a. 
Sexatrus, 830, b. 
Sextans, 160, b ; 596, a. 
Sextarius, 889, a. 
Sextilis, 191, a. 
Sextula, 889, b; 1062, a. 
Shears, 449, a. 
Shields, 268, a; 736, b; 750, 

b ; 860, b. 
Shies, 8S9. b. 

Shoe, 188,'b ; 398, b ; 901, b. 
Sibina, 489, b. 
Xl6vviov, 489, b. 
Sibyl, 895, a. 
Sibyllini Libri, 895, a. 
Sica, 896, a. 
Sicarius, 308, b ; 896, a. 
Sicila, 896, a. 
Sickle, 428, b ; 896, b. 
Sicilicus, 1062, a. 
*Sioys, 896, a. 
*Side, 896, a. 
*Siderites Lapis, 896, a. 
SiSrjponavTsla, 370, a. 
*Sideros, 896, a. 
Sigillaria, 856, a. 
*Sigillata, 896, a. 
Sigma, 633, b. 
Sigua Militaria, 896, a. 
Signifer, 896, b. 
Signinum Opus, 519, b. 
*Sil, 897, b. 
*Siler, 897, b. 
Silk, 875, b. 
Silentiarii, 804, a. 
*Silex, 897, b. 
Silia Lex, 586, a. 
Silicarii, 76, a. 
Silicernium, 462, b. 
*Silphium, 898, a. 
Siliqua, 1062, a. 
*Silurus, 898, a. 
Silv*, 859, b. 
Silvani et Parbonis Lex, 584, b. 



Silver, 90, b. 

*Simia, 898, a. 

*Sinapi, 898, b. 

Sindon, 718, b, , 

*Sinopica Terra, 898, b 

Sinus, 985, b. 

*Sion, 898, b. 

Siparium, 898, b. 

*Sirius, 898, b. 

*Sisarum, 899, a. 

Sistrum, 899, a. 

Siavpa, 750, a. 

Ziavpva, 750, a. 

*Sisymbrium, 899, b. 

*Sisyrinchion, 899, b. 

Sitella, 901, a. 

'ZiTrjpt'jiov, 901, a. 

Zirevrris, 430, b. 

StrGvat, 900, b. 

'ZiTotyvXa.Keiov, 510, b. 

51iTotyv\aK£s, 900, a. 

^.tronuiXai, 900, a. 

In-o?, 899, b. 

1.LTOV SiKri, 900, b. 

*Sitta, 901, a. 

Sittyba, 588, b. 

Situla, 901, a. 

Slaves (Greek), 880, b. 

Slaves (Roman), 883, a. 

Sling, 454, b. 

Slingers, 454, b. 

*Smaragdus, 901, b. 

*Smaris, 901, b. 

*Smilax, 901, b. 

ZtiiXrj, 243, b ; 373, a. 

"ZftivvT), 832, a. 

*Smiris, 901, b. 

*Smyrna, 901, b, 

Sobrina, 277, b. 

Sobrinus, 277, b. 

Socculus, 901, b. 

Soccus, 901, b. 

Socer, 30, b. 

Sorer Magnus, 31, a, 

Societas, 902, a. 

Socii, 903, a. 

Socio, Pro, Actio, 902, b. 

Socius, 902, a. 

Socrus, 31, a. 

Socrus Magna, 31, a. 

Sodales, 278, a. 

Sodales Augustales, 127, a. 

Sodales Titii, 985, a. 

Sodalitium, 46, b. 

Solarium, 509, a; 518, b. 

Solea, 904, a. 

*Solea, II., 904, b. 

*Solen, 904, b. 

Solidus, 129, b. 

Solitaurilia, 604, b ; 846, a. 

Solium, 150, a. 

"ZdXog, 368, a. 

Solum, 519, b. 

Solutio, 674, b. 

Sophronistae, 483, a. 

T.u}6povTKTTrjotov, 213, a. 

*So'rbum, 904, b. 

*Sorex, 904, b. 

"Zopoi, 456, b. 

Soror, 277, b. 

Sortes, 693, a ; 904, b. 

Sortilegi, 905, a. 

Xworpa, 882, a. 

Spade, 715, b. 

Spadones, 467, a ; 532, b. 

*Sparganion, 905, a. 

"Zirdpyavov, 534, a. 

Spartan Constitution, 472, b. 

*Spartum, 905, a. 

Sparus, 489, b. 

Xto^, 478, a ; 955, a. 

Spatium, 254, a. 

Spear, 488, b. 

Specillum, 243, b. 

Spectio, 126, b. 

Specularia, 521, a. 

Specularis Lapis, 521, a. 

Speculatores, 905, a 

'Zireipa, 906, b. 

£rr£?pat Poei'ai, 235, a. 

Speculum, 905, a. 

Specus, 75, b, 

£;T£jp/ov, 720, a. 

S7T£?pov, 720, a. 

Speusinians, 347, a. 

*Sphacelos, 906, a. 

Sphaeristerium, 153, b ; 483, b. 

Z<pa?pa, 777, a, 

Yfalpai, 235, a. 

Tipaipioiq 483, b. 



^aipiaTfipiov, 483, b ; 777, • 
^aipicrriK/j, 777, a. 
"£<f>atpi<rriK6s, 483, b ; 777, a. 
*Sphendamnos, 906, a. 
H<t>£vS6vr), 454, b ; 840, b ; 910 
"ZipevSovtjTai, 454, b. 
*Sphex, 906, a. 
Z<pi5es, 606, b. 
ZcpiyKTrjp, 96, ai 
Zippayis, 839, a. 
X0i!pa, 610, a. 
Sifivpiav, 610, a. 
Z<pvpi]\aTov, 177, b 
*Sphyraena, 906, a 
Sphyraton, 177, b. 
Spiculum, 489, b. 
Spina, 253, a. 
*Spina, 906, a. 
Spindle, 464, b. 
Spinter or Spinther, 96, a 
Spira, 906, b. 
Spirula, 906, b. 
Zmdanr h 763, b. 
*Spiza, 906, b. 
*Spodias, 906, b. 
Spolia, 906, b. 
Sponda, 573, a. 
Z-Kovbai, 344, b ; 846, a. 
Spondeo, 672, b. 
^TTov8od>6pot, 681, a. 
ZnovSvAoi, 819, a. 
*Spondyle, 907. b. 
*Spondylus, 907, b. 
Sponge, 704, b 
Spongia, 704, b 
*Spongia, II., 907, b 
Sponsa, 623, b. 
Sponsalia, 623, b ; 624, b. 
Sponsio, 542, a; 1048, b 
Sponsor, 541, b. 
Sponsus, 623, b. 
Sportula, 907, b. 
Stabularius, 832, a. 
*Stacte, 908, a. 
^raSioSpd/Jtoi, 909, b 
ZrdSiov, 908, a. 
2rd(5<o?, 908, a. 
Stadium, 908, a. 
Stalagmia, 533, a. 
Stamen, 953, b. 
*Stannum, 910, b. 
Standards, Military, 39b, a 
Trdciixov, 995, a. 
Stater, 910, b. 
Statera, 1021, a. 
^TaQnovxoi, 938, a. 
^rad^os, 589, b ; 614, b. 
Stati Dies, 362, b. 
Stationes, 222, b. 
Stationes Fisci, 912, a. 
Stationes Municipiorum, 914 a 
Stativae Feriss, 435, b. 
Stator, 912, a. 
Statu Liber, 616, a. 
Statuaria Ars, 912, a 
Statuary, 912, a. 
Statumen, 1042, b. 
Travpdg, 324, a. 
2rf)Aaf, 457, b. 
Ilreijtfjia, 877, a. 
Er/^wv, 953, b. 
'ZT£<f>avrj7r\6K0i, 877, a 
2.TC(j>dv<j>>ixa, 877, a. 
2r£0avoj, 309, b. 
'ZT£<pavon\oKiov, 877, a. 
YTeipavonXoKoi, 877, a. 
Stercolinii Servitus, 878, b 
16ivia, 924, b. 
Stibadium, 633, b. 
*Stibium, 924, b. 
Stillicidii Servitus, 878, b 
Stillicidium, 878, b. 
Stilus, 924, b, 
*Stimmi, 925, a. 
Stipendiarii, 925, a. 
Stipendium, 925, a 
Stipes, 721, b. 
Stipulatio, 673, a. 
Stipulator, 673, a. 
Stiva, 80, a. 
Y.TKzyyi';, 599, a. 
ZTod, 794, a. 
*Stcebe, 926, a. 
*Strechas, 926, b. 
YTOixtlov, 508, b 
Stola, 926, b. 
2t6ijuov, 452, b 
*Stomoma, 926, b. 
•*Stratiotf;S, 928, a 
Stoves, 521, a. 



GENERAL INDEX. 



Aqua Ductus, 74 , 219, a^ 
Aquae ^ictus Servitus, 879, a. 
Aquas «ji Ignis Interdictio, 137, 

a. 
Aquae Haustus Servitus, 879, a. 
Aquae Pluviae Arcendae Actio, 

76, a. 
Aquarii, 76, a. 
Aqueduct, 74 ; 219, a. 
Aquila, 896, b 
*Aquila, 76, b. 
Aquilia Lex, 337, a. 
Aquilifer, 896, b. 
Ava. "6, b. 
♦Arabia, 78, b. 
* AradiiF. s, 78. b. 
*Arachidm, 79, a. 
*Aracus, 79, a. 
'AoatooTvXos, 290, b. 
'Apuraa, 79, a. 
Aratrum, 79, a. 
Arbiter, 550, b. 
Arbiter Bibendi, 939, b. 
Arbitria, 459, a. 
Arbitraria Actio, 17, a. 
Arbitrator, 352, b. 
Arbitrium, 551, b. 
'ApSvXrj, 758, a. 
'ApfoAi's, 758, a. 
Arbusculae, 781, a. 
*Arbutum, 80, b. 
* Arbutus, 81, a. 
Area, 81, a. 
Arcera, 8i, a. 
Arch, 85, a ; 450, b. 
'■\pXcup£(Ttai, 81, b. 
'Apxwt'rJK, 414, a. 
, ApX £ ' 0V > 81» b. 
Archers, 848, a. 
Archiater, 81, b. 
Archimagirus, 275, b. 
Archimimus, 459, b ; 638, a. 
Architectura (vid. Amphithea- 

trum, Aquae Ductus, Arcus, 

Basilica, Bath, House, Tem- 

plum, &c). 
'ApxtrfArrwv, 972, b. 
r ApxtreXwvris, 822, a. 
' ApxiOiiapos, 345, b ; 973, a. 
Archium, 945 ; a. 
Archivnm, 945, a. 
Archon, 82, b. 
Apxwv, 82, b. 
Apxwvrjs, 84, b ■ 956 a. 
\rciiinius Ager, 39, a. 
AoKTEia, 172, b. 
AoKTciav, 172, b. 
Aoktoi, 172, b. 
"•Arctos, 84, b. 
\rcus, 85, a. 

Vrcus Triumphalis, 85, b. 
Arcus, 86, a. 
Apicvg, 836, b. 
'ApSdXiov, 87, a. 
'ApSdviov, 87, a. 
*Ardea, 87, a. 
>Ap6to0iioa, 449, a ; 847, a. 
"ApSis, 847, a. 
Area, 87, a ; 455, a. 
Areiopagus, 87, b. 
Arena, 51, b ; 52, b. 
Arctalogi, 90, a. 
Wpyadas, 1003, a. 
Argei, 90, a. 
*Argemone, 90, a. 
Argentarii, 90, b. 
Argentum, 90, b. 
*Argentum Vivum, 91, b. 
Aoyias ypafyt), 91, b. 
"Argilla, 92, a. 
*Argitis, 92, a. 
*Argyritis, 92, a. 
'Apyupcou 8ikt], 92, a. 
^ApyvpoKoiidov, 92, a ; 641, b. 
ApyvpanoiBos, 91, a. 
Apyvplns, 91, b 
'Apyvpu>vT]Toi, 881, a 
Apytpof, 90, b 
Argyraspides, 92, a.. 
•Ana, 92, a. 
'Aptd£vua, 92, a. 
Aries, 92, b. 
*Arion, 93, a. 
*Arisarum, 93, a. 
*Aristolochia, 93, a. 
'AnioTov, 342, b ; 343, b. 
Arma, Armatura, 93, b. 
Armarium, 95, b. 
Irmamentarium, 95, b. 

Arnieniar-iun Malum, 95, b 



*Armemum, 95, b. 

Armidoctores, 95, b. 

Armilla, 95, b. 

Armilustrium, 97, a. 

*Armoracia, 97, a. 

Armour, 93, a. 

Arms, 93, b. 

Army (Greek), 97, a. 

Army (Roman), 102. 

*Arnabo, 107, a. 

*Arnoglossos, 107, a. 

Aromatites, 1054, a. 

*Aron, 107, a. 

"Aporpov, 79, b. 

"Apovpa, 109, a ; 763, b. 

Arquatus, 107, a. 

Arquites, 848, a. 

Arra, Arrabo, or Arrha, Arrha- 

bo, 107, b. 
' Apf)7]<j>6pia, 107, a. 
'Ap'p^i/idpot, 108, a. 
Arrogatio, 22, b. 
Arrows, 847, a. 
*'Ap<7£viK6v, 108, a. 
Artaba, 108, b. 
^ApTtjxiaia, 108, b. 
Arteria, 108, b. 
'ApriuG/i^s, 729, b. 
'Aprtd&v, 729, b. 
'Apronoi6s, 780, a. 
'Apro-wAat, 344, b. 
'ApronuiXiSci, 344, b ; 780, b. 
Artopta, 780, b. 
Artopticii, 780, b. 
'Apruff£(f, 1053, a. 
Arvales Fratres, 109, a. 
Arundo, 847, b ; 940, b. 
Arura, 109, a. 
Aruspices, 488, a. 
' ApvTaiva, 599, a. 
As, 110, a. 
Asamenta, 849, b. 
'AadnivQos, 143, b. 
*Asarum, 111, a. 
Asbestos, 111, a. 

* Asbestos, II., Ill, b. 
*Ascalabotes, 111, b. 
'AaKdvrrjs, 572, b. 
*Ascaris, 112, a. 
'AoKavXris, 981, a. 
Ascia, 112, a. 
*Ascion, 1 12, b. 
*Asclepias, 112, b. 
'AaicXriiriua, 112, b. 
, A(rKoi, 1053, a. 
'AgkwXici, 113, a. 
*Ascyron, 112, b. 
'Ao-eoaa? ypatprj, 113, a. 
Asiarchae, 113, b. 
'Acn'AAa, 114, a. 
*Asilus, 114, b. 
*Aspalathus, 114, b. 
*Aspalax, 115, a. 

* Asparagus, 115, a. 
*Asphodelus, 115, a. 
'Aaircdsiov, 69, a. 
'AaviSidKT}, 69, a. 
'AaTrtV, 268, a. 
*Aspis, 115, a. 
'Aamarai, 94, a. 
*Asplenium, 115, b. 
Assa, 150, a. 
*Assius Lapis, 116, a. 
Assamenta, 849, b. 
Assarius, 111, a. 
Assentatores, 733, a. 
Asseres Falcati, 429, b. 
Asseres Lecticarii, 571, a. 
Assertor, 115, b. 
Assessor or Adsessor, 115, b. 
Assiduitas, 46, a 
*Astacus, 116, a. 

* Aster, 116, a. 
*Aster Atticus, 116, a. 
*Asteria, 116, b. 
'A(JTpd6T,, 407, b. 
'AarpdyaXog, 949, a. 
Astragalus, 116, b. 
Aarpareiai ypa<f»], 117, a. 
x Astrios, 116, b. 
"AoruAoff, 290, a. 
*Astur, 117, a. 
*Asturco, 117, a. 
Astynomi, 117, a. 
'AffuAi'a, 117, a. 
Asylum, 117, a. 
Atavia, 277, b. 

Atavus, 277, b 
'ArcAua, 118, a. 
Atellanae Fabulre, 118, a. 



Aternia Tarpeia Lex, 581, b. 
Athenaeum, 119, a. 
*Atherina, 119, a. 
Athletae, 119, b. 
'AOXoOcTat, 33, a ; 723, a. 
Atia Lex, 581, b. 
Atilia Lex, 557, b ; 1029, a. 
'ATiula, 120, b ; 536, a. 
"Art//of, 121, a ; 536, a. 
Atinia Lex, 581, b. 
Atlantes, 121, a. 
Atnepos, 277, b. 
Atneptis, 277, b. 
"ArpaKTOi, 464, b. 
*Atractylis, 121, a. 
Atramenturn, 121, b. 
Atrium, 122, b ; 516, b 
*Attagen, 123, b. 
*Attelebus, 123, b 
\Ax0fc, 123, b 
Atticurges, 124, a. 
Auciio, 124, a. 
Auction (sale), 124, a. 
Auctor, 124, b. 
Auctores Fieri, 124, b. 
Auctoramentum, 157, a , 475, b. 
Auctorati, 475, b. 
Auctoritas, 125, a ; 871, a. 
Auditorium, 125, b ; 817, b. 
*Avellana Nux, 125, b. 
Aufidia Lex, 46, b. 
*Augites, 125, b. 
Augur, 125, b. 

Auguraculum, 130, b ; 957, b. 
Augurale, 130, b. 
Auguratorium, 130, b. 
Augurium, 369, b. 
Augustales Ludi, 127, a. 
A.ugustales (priests), 127, b. 
Augustalia, 127, a. 
Augustus, 196, b 
Avia, 277, b. 
Aula, 677, b. 
Aulaeum, 898, b. 
AvXaia, 1036, a. 
AiXij, 122, b ; 514, b. 
AvXaos $vpa, 514, b. 
AvXrjrpiSei, 982, a. 
AvXcpdia, 826, a. 
*Aulopias, 128, a. 
AvXdg, 128, a; 981, a. 
Aurelia Lex, 553, a ; 998, b 
Aures, 79, b. 
Aureus, 129, a. 
Aurichalcum, 177, & 
Aurigae, 256, a. 
Aurum, 128, a. 
Aurum Coronarium, 129, b. 
Aurum Lustrale, 130, a. 
Auspicium, 130, a. 
*Austeralis, 131, a. 
*A.utachates, 131, a. 
Authentica, 666, a. 
Authepsa, 131, a. 
AvronoXias ypa<prj, 131, a. 
Autonomi, 131, a. 
AvToreXrls Slier}, 73, a ; 359, b. 
Avulsio. 303, b. 
Avus, 277, b. 
Auxilia, 904, a. 
Auxiliares, 904, a. 
Auxiliarii, 904, a. 
Axamenta, 849, b. 
Axe, 861, b. 
'Al!vri,m, b. 
Axis, 331, a. 
Axle, 331, a 
"A^cuv, 331, a. 
"Amoves, 131, b. 

B. 

Babylonicum, 131, b 

Bacca, 641, b. 

*Bacca, 131, b. 

Bacchanalia, 365, b. 

Bakers, 780, a. 

Buktoov, 132, a 

Baculus, 132, a. 

BaKTTjpia, 132, a ; 1014, a. 

Baebia Lex, 581, b. 

Baebia JSmilia Lex, 46, b ; 582, 

b. 
Bail (Greek), 404, a. 
Bail (Roman), 18, b. 
*BalEena, 132, b. 
BaXavdypa, 793, b*. 
BaXavclov, 143, a ; 598, a 
BaXavevs. 598, b. 
BaXavoSoKrj, 793, b. 
BdXavos, 132, b; 793. b 



BaXdvriov, 626, v 
*Balanus, 132, b. 
Balatro, 132, b. 
B«A&' f , 368, a , 90i b 
Baldric, 133, a. 
*Balerus, 132, b. 
Balineae, 143, a. 
Balineum, 143, a. 
Balista, Ballista, 988, b. 
Bal'istarii, 989, a. 
Ball (game at), 448, '; . "V t 
BaXXiafxol, 729, a. 
*Ballote, 132, b. 
Balneos, 143, a. 
Balnearium, 143, a. 
Balneator, 145, a ; 147, a 
Balneum, 143, a. 
*Balsamum, 133, a. 
Baltearius, 134, a. 
Balteus, 133, a. 
*Bambacion, 134, b. 
Bankers, 90, b ; 634, a. 
Banishment (Greek), 134, b 
Banishment (Roman), 136, a 
Baphium, 137, a. 
*Baptes, 138, a. 
Baptisterium, 148, a. 
BdpaQpov, 227, b. 
Barathrum, 132, b. 
Barba, 138, a. 
Barber, 138, b. 
BdpCiTov, 139, a 
BdpSiTog, 139, a 
Bardocucullus, 325, b. 
*Basaltes, 139, a. 
BaaaviaraU 140, a. 
*Basanites Lapis, 139, b 
Bdcravos, 139, b. 
BaoKavia, 431, b. 
Bascaucfe, 140, a. 
Basket, 140, a. 
BaaiXua, 140, a. 
BaaiXevs, 83, b ; 140, a. 
Basilica (building), 140, b. 
Basilica (legal work), 142, b 
*Basiliscus, 142, b. 
BaaiXiaaa, 83, b ; 365, » 
Basterna, 142, b. 
Barrjp, 909, b. 
Baths, 143, a ; 593, a. 
Batillus, 154, a 
*Batis, 154, b. 
*Batos, 154, b. 
*Batrachium, 154, b. 
*Batrachus, 154, b. 
Baxa or Baxea, 154, b 
*Bdella, 155, a. 
*Bdellium, 155, a. 
Beard, 138, a. 
Bc6aiu><j£ws 5ikt), 155, b. 
*Bechion, 156, a; 157, r 
Beds, 572, a; 990, a. 
Beer, 233, b. 
Bell, 983, b. 
Bellaria, 275, b. 
Bellicrepa Saltatio, 852, b 
Bellows, 449, a. 
*Belone, 1*50, a. 
BeXdvrj, 20, b. 
BeXovii, 20, b. 
BrjXdg, 524, b. 
Belt, 133, a. 
Bwa, 384, a j 763, b. 
BevSlSeia, 156 a. 
Beneficium Abttinendi, 498 
Beneficiari »s, 156, a. 
Beneficium, 156, a. 
Benignitas, 46, a. 
*Berberi, 156, b. 
*Berricocca, 156, b. 
*Beryllus, 156, b. 
Bes, 110, b; 591, a. 
Bessis, 591, a. 
Bestiarii, 157, a. 
*Beta, 157, a. 
*Bettonica, 157, a. 
Biaibdv SIktj, 157, b. 
Bibasis, 157, b. 
Bi6XLov, 587, b. 
Bibliopola, 158, a. 
Bibliotheca, 158, a. 
B?koj, 159, a. 
Bidens, 832. a. 
Bidental, 159, a 
Bidiaei, 159, b 
Btdia'iot, 159, h. 
Biga or Bi?;e, 159, b 
Bigatus, 159. b. 
Bids, 86, a^ 
[ Bipalium, 715, b. 
1107 



GENERAL INDEX 



Bipennis 861, b 

Biremis, 160, a; 890, b 

Birrus, 160, a. 

Bisellium, 862, b. 

*Bison, 160, a. 

Biss«-tilis Annus, 196, a 

Bis*ratum, 195, b 

Bissextus, 196, a. 

Bit (of horses), 452, a. 

♦Bitumen, 160, b. 

BXdSrjg Siktj, 161, a. 

>Blatta, 161, a. 

BXavrrj, 853, b. 

BXavTia, 853, b. 

"Blennus, 161, b. 

*Bleton, 161, b. 

♦Boa, 161, b. 

*Boca, 162, b. 

Bor]Sp6iita, 161, b. 

BorjSpofxiwv, 190, a. 

Boeotarch, 161, b. 

Boeotian Constitution, 161, b. 

♦Boitos, 162, b. 

Boiwrdoxng-og, 161, b. 

♦Bolboi, 162, b. 

BoXig, 223, b. 

BwAoKO-Za, 832, a. 

Boy.SvXiog, 163, a. 

Bombycinum, 875, b. 

♦Bombylius, 163, a. 

Bombyx, 875, b. 

Beanos, 76, b. 

Bona, 163, a. 

Bona Caduca, 164, a. 

Bona Fides, 164, b. 

Bona Rapta, 164, b ; 464, a. 

Bona Vacantia, 165, a. 

"Bonasus, 166, b. 

Bonorum Cessio, 165, a. 

Bonorum Collatio, 165, b. 

Bonorum Emtio et Emtor, 165, 

b. 
Bonorum Possessio, 165, b. 
Bonorum Vi Raptorum Actio, 

164, b ; 464, a. 
Books, 587, b. 
Bookseller, 158, a. 
Boots, 316, b- 
Bowvai. 167, b. 

Bopeatrjuoi or Boptaafiog, 167, b. 
♦Bos, 166, b. 
*Bosoas, 166, b. 
'Bos Marinus, 167, a. 
*Bostrychites, 166, b. 
Bdorpux o ?> 291, b. 
BoravoixavTiia, 370, a. 
Bottomry, 545, b ; 548, a. 
Botulus, 167, b. 
Bovai, 31, a. 
BovX>), 168, a. 
Bov\£v<j£U)s ypafyfj, 171. a. 
BovXevttjpiov, 170, b. 
Bov(povia, 363, a. 
Bov(p6vog, 363, a. 
Bow, 86, a. 
Boxing, 823, b. 
BpaStig, 33, a. 
BpaBevrai, 33, a. 
Bracae or Braccae, 171, a 
Brachiale, 96, b. 
Branchidae, 690, a. 
Bpaoifieia, 172, a. 
Brass, 29, a. 
*Brassica, 172, a. 
♦Brathe, 172, b. 
Bnavpu)via, 172, b. 
Breakfast, 274, a ; 342, b ; 343, 

a. 
Breviarium, 172, b. 
Breviarium Alaricianum, J72, 

b. 
Bribery (Greek), 339, a. 
Bribery (Roman), 46, a. 
Bricks, 567, b. 
Bridge, 173, a. 
Bridle, 452, a. 
♦Bromos, 176, a. 
BpovTtiov, 969, i. 
Bronze, 176, a. 
Brooch, 438, b. 
•Brucus, 179, a. 
*Bryon, 179, a. 
♦Bryonia, 179, b. 
*Bubalis, 179, b. 
HiSXog, 587, b. 
Buccina, 180. a. 
Buccinator, 28, a ; 180, b. 
Bucco, 119, a. 
♦Buceras, 180, b. 
\Buglo?sa, 181, a 
1108 



Bulla, )B M a. 
*Bumamma, 181, b. 
*Bunias, 181, b. 
*Bunion, 181, b. 
*Buprestis, 181, b. 
Burial, 456, a ; 460, a. 
Buris, 79, a ; 79, b. 
Bvcaog, 183, b. 
Bustirapi, 182, a. 
Bustuariae, 182, a. 
Bustuarii, 182, a. 
Bustum, 181, b. 
*Butter, 182, a. 
*Butyrum, 182, a. 
Buxum, 183, a. 
*Buxus, 183, a. 
*Byblus, 183, b. 
Byssus, 183, b. 

C, K., X. 

KaSeipia, 183, a. 
♦Cacalia, 184, a. 
KaKTjYopias Sikt], 184, a. 
KatcoXoyiag 61kt], 184, b. 
Kaxor£%viwv Siktj, 184, b. 
Katcuxng, 184, b. 
*Cactus, 185, a. 
♦Cadmeia. 185, b. 
♦Caecubum Vinum, 186, a. 
♦Caepa, 186, b. ' 
Caetra, 235, b. 
KaSioKOi, 185, a. 
Kao'oj, 54, b ; 186, a. 
Caduceator, 186, a 
Caduceus, 185, b 
Caducum, 164, a 
Cadus, 186, a. 
CasciliaLexde Censorious, 581, 

b. 
Caecilia Lex de Vectigalibus, 

581, b; 794, b. 
Caecilia Didia Lex, 582, a. 
Caelatura, 179, a. 
Calebs, 556, b. 
Caelia Lex, 943, b. 
Caelibatus, 556, b. 
Crerimonia, 843, a. 
Caeritum Tabulae 186, b. 
Caesaries, 291, b. 
Kaiddag, 227, b. 
Kauiv, 456, b. 
*Calaminthe, 187, a. 
Calamistrum, 187, a. 
KdXafiog, 763, b. 
*K.dXa/iog ^KpwjiaTiKog, 187, a. 
*KdXa/iog <ppayniTt]s, 187, a. 
*KdXa/xog avXqriKog, 187, a. 
*KdXa(iog b vaajdg, 187, a. 
*Ka'Aa//oj b 'Ivimdg, 187, a. 
Calamus, 187, a ; 847, b. 
Calantica, 187, b. 
Calathiscus, 188, a. 
Calathus, 188, a. 
Calcar, 188, b, 
Calceus, 188, b. 
Calceamen, 188, b. 
Calceamentum, 188, b 
Calculator, 190, a. 
Calculi, 190, a. 
Calda, 201, b. 
Caldarium, 143, a. 
Calends, 192, b. 
Calendar (Greek), 190, a. 
Calendar (Roman), 191, a. 
Calendarium, 197, a ; 433, a. 
Calida, 201, b. 
*Calidris, 202, a. 
Caliga, 202, a. 
Calix, 325, b. 
KaXXiyivua, 976, a. 
KaXXiepeiv, 369, b. 
KaXXicrela, 202, b. 
*Callyonymus, 202, b. 
KaXo6dTt)g, 454, a. 
KaXySia, 894, a. 
KdXoi, 894, a. 
Calones, 202, b. 
KuXoKOvg, 450, a. 
Kn'Awf, 842, a. 
Calpurnia Lex de Ambitu, 46, 

b. 
Calpurnia Lex de Repetundis, 

833, b. 
Calvatica, 187, b. 
KaXvSag, 7Q2, b. 
Calumnia, 203, a. 
Calumnite Judicium, 203, b. 
Calumniae Jusjurandum, 203, b. 
KaXvitTpa, 1037, a. 
Calx, 255, s 



Camara, 203, b. 
K«M, 488, b. 
*Camelopardalis, 202, b. 
*Camelus, 204, a. 
Camera, 203, b. 
Cameos, 860, a. 
Camillus, 312, b ; 625, a, 
Caminus, 521, a. 
Kdfiivog, 450, a. 
♦Cammarus, 204, b. 
Camp, 220, a. 
Campestre, 204, b. 
Campidoctores, 204, b. 
Kanvrr'ip, 909, b. 
Campus Martius, 204, b. 
Campus Sceleratus, 205, a. 
KdvaSog or KlvvaSog, 205, b. 
Canalicolae, 205, b. 
Canalis, 205, b. 
KdvaOpov, 205, b. 
*Cancamon, 207, b. 
Cancelli, 254, b. 
Candela, 206, a. 
Candelabrum, 206, a. ■ 
Candidarii, 780, a. 
Candidati Principis, 829, a. 
Candidatus, 46, a ; 987, a. 
Candle, 206, a. 
Candlestick, 206, a. 
Kdv6vg, 207, a. 
Kdveov, 207, a. 
Canephoros, 207, a. 
♦Canis, 207, b. 
Canistrum, 207, a. 
♦Cannabis, 208, a. 
Kavuv, 833, b ; 955, a. 
♦Cantharis, 208, b. 
♦Cantharus, II., III., 208. b. 
Cantharus, 208, b. 
KavdrjXia, 378, b. 
Canthus, 331, b. 
Canticum, 208, b. 
Canvassing, 46, a. 
Canuleia Lex, 582, a. 
KaTzqXtiov, 226, a. 
KdrrriXog, 226, a ; 403, a. 
♦Caper, 209, a. 
♦Caphura, 209, b. 
Capillus, 291, b. 
Capistrum, 209, b. 
Capital (of columns), 289, a. 
Capite Censi, 212, a ; 296, a. 
Capitis Deminutio, 212, a. 
Capitis Minutio, 212, a. 
Capitolini, 600, b. 
Capitolini Ludi, 600, b 
Capitolium, 210, a. 
♦Capnios, 210, b. 
KairvoSdKT], 515, b. 
Kairvofiavrsia, 369, b. 
♦Capparis, 211, a. 
♦Capra, 211, a. 
♦Caprea, 211, a. 
♦Caprificatio, 211, a. 
♦Caprificus, 211, a. 
Capronae, 291, b. 
♦Capros, 211, a. 
Capsa, 211, b. 
Capsarii, 211, b. 
Capsula, 211, b. 
Captio, 790, b. 
Capulum, 459, b ; 570 a. 
Capulus, 211, b. 
Caput, 212, a. 
Caput Extorum, 212, '• 
Caput Porcinum, 327 >. 
♦Carabus, 212, b. 
Caracalla, 212, b. 
♦Carbunculus, 213, e. 
Career, 213, a. 
Carceres, 254, a. 
♦Carcharias, 213, b. 
Carchesium, 214, a. 
♦Carcinium, 214, a. 
♦Carcinus, 214, b. 
♦Cardamone, 214, t 
♦Cardamomum, 214, b. 
♦Cardamum, 215, a. 
Cardo, 215, a. 
Cardo, 38, b. 
♦Carduelis, 215. 1 
♦Carduus, 215, t 
Carenum, 1051, i 
♦Careum. 216, s» 
♦Carex, 216, a. 
♦Caris, 216, a. 
Carmen Seculare, 602, b. 
Carmentalia, 216, a. 
Kaovtla, 216, b. 
Carnifex, 217, a. 



♦Carota, 217, a 

Kapiraia, 852, a. 

Carpentum, 217, a. 

♦Carpesium, 217, b 

Carpet, 951, a. 

*Carpinus, 217, b. 

Kap-ov Siicr), 217, b 

Carptor, 275, b. 

Carrago, 218, a 

Carruca, 218, a 

Carrus, 217, b 

Kapva, 218, a. 

KapvaTtg, 218, a. 

Caryatis, 218, a. 

♦Caryon, 218, "r 

♦Caryophyllon 218, i 

♦Casia, 218, b. 

Cassia Lex, 582, a. 

Cassia Agraria Lex, 584, a. 

Cassia Tabellaria Lex, 943, a 

Cassia Terentia Frumentarii 

Lex, 582, a. 
Cassis, 466, a ; 836, b. 
♦Castanea, 218, b. 
Castellum Aquae, 219, a. 
♦Castor, 220, a. 
Castra, 220, a. 
Castrense Peculium, 742, cu 
Castrensis Corona, 311, a. 
Knrd6Xr]ixa, 894. b. 
KarafSXfiixaTa, 392, a. 
Kara6Xr]TtK/j, 716, b. 
Karaxsiporovia, 239, a. 
KaTaxvcrixara, 882, b. 
Kara/cXr/oia, 384, a. 
Karaywyia, 56, b. 
Karaydtyiov, 226, a. 
Catagrapha, 702, a. 
Karatrui;, 466, a. 
KardXoyog, 223, a. 
KaTaXvaewg tov Ar'iuov yca<J>fi 

223, b. 
KardXvmg, 226, a ; 614, b. 
♦Catananke, 223, b. 
KaraTreipaT^pta, 223, b 
Karan-fAr^j, 968, b. 
Kara7T£AriK»7, 988, b 
Kcna-fraana, 1036, s 
Cataphracti, 223, b. 
CattLpirater, 223, b. 
Catapulta, 988, b. 
Cataracta, 224,' a. 
"Cataractes, 224, b 
Kara<7K07rr?? ypaOij, 224, b 
Catasta, 886, a. ' 
Kara(7Tpu>ixaTa, 891, a 
KaTctTonai, 968, a 
Kar^yopta, 480, a. 
Kar/jyopog, 936, a. 
Cateia, 224, b. 
Catella, 224, b 
Catena, 224, b. 
li-areyyvqlv, 358, b. 
Catervarii, 476, b. 
Kddapaig, 604, a. 
Cathedra, 225, a. 
KaBcrrjp, 833, a. 
KdOoSog, 976, a. 
Catillus, 639, b. 
♦Catoblepas, 225, a. 
Karoxeu's, 526, a. 
♦Catochitis, 225, b. 
KaTwvaKT), 750, a. 
Karu)vaKo<p6poi, 1002, T> 
KdroTTTpov, 905, a. 
K-CLTOpvTTCLV, 456, b 
Kdrpivog, 225, b. 
Cavaedium, 516, b. 
♦Caucalis, 225, b. 
Cavea, 96S, a 
Cavere, 227, a. 
Cavi Mensis, 191, a ; 192, a. 
Caupo, 226, a ; 832, a. 
Caupona, 226, a. 
Causae Probatio, 261, b ; 742, a 
Causia, 226, b. 
Causiae, 1050, b. 
Kavaig, 704, a. 
Kavrfjpiov, 243, b ; 704, a 
Cautio, 227, a. 
Cautio Muciana, 227, a. 
Cavum'^Edium, 516, b. 
KedSag, 227, b. 
♦Ceblepyris, 227, b. 
Cedit dies, 575, a, b. 
♦Cedrus, 227, b. 
KexpvtiaXog, 187, b. 
Ceilings, _520, b. 
Ktipia, §72, a. 
♦Ce'istrum, 228, a. 



GENERAL INDEX. 



Celeres, 22* i. 
Celerum Thjuuus, 99$ a. 
KA17?, 250, b. 
KeXcvcrnjs, "94, b. 
Oella, 22S, a ; 958, b 
Cellarius, 228, b. 
Celt, 373, a. 
'Cenchris, 228, b. 
*Cenchros, 228, b. 
Cenotaphium, 228, b 
Censer, 1026, b. 
Censere, 871, a. 
Censiti, 802, a. 
Censores. 229, a. 
Censoria Nota, 664, b. 
Census, 229, b ; 616, a 
*Centaurea, 230, a. 
Centesima, 1035, b. 
Centesimsa Usune, 546, b. 
Centesimatio, 340, b. 
^Centriscus, 230, a. 
*Ccntnte, 230, a. 
*Centromyrrhine, 230, b. 
Ceiitumviri, 230, b. 
Centuria, 231, b ; 296, a. 
Centuriata Comitia, 295, b , 

1007, a. 
Centuno, 231, b. 
Centussis, 111, a. 
*Cepsa, 232, a. 
Kifiraia Ovpa, 515, b. 
"Cephalus, 232, a. 
*Cephen, 232, b. 
Krixos, 510, 1). 
♦Cepphos, 232, b. 
Cera, 944, a; 963. b. 
*Ceraehates, 232, b. 
Cerue, 701. a. 
Kcpat'a, 62, a. 
Kcpapevs, 439, a. 
Ktodjxiov, 439, a. 
K/pa/K>s,2l3, a ; 439, a ; 952, a. 
Ktpas, 62, a; 87, a; 291, b; 

838, b. 
'Cerastes, 232, b. 
*Cerasus, 232, b. 
*Ceratia, 233, a. 
Ceratae Tabulae, 944, b 
Kepariov, 1062, a. 
*Ceraunion, 233, a. 
KepxiSes, 968, a. 
*Cercis, 233, a. 
KepjciV, 955, a. 
*Cercopithecus, 233, a 
Cerealia, 233, a. 
Cerevisia, 233, a. 
•Cerevisia, 233, It 
*<>nntha, 234, a. 
Cernern Hereditatem, 498, a. 
Ki.-pj) pupia, 703, b; 704, b. 
Ceroma, 234, a. 
Kcpouxoi, 894, a. 
Certanien, 119, b. 
Certi, Inoerti Actio, 231, a. 
Kr/pvKCiov, 185, b. 
KrjpvKiov, 185, b. 
Cerucbi, 234, a. 
*Cerussa, 234, b, 
*Cerylus, 234, b. 
*Ceryx, 234, b. 
Kt'ipvl, 234, b. 
Cessio Bonorum, 165, a. 
Cessio in Jure, 557, b. 
Cestius Pons, 174, b. 
Cestrum, 702, b ; 704, b. 
*Cestrum, 234, b. 
Cestus, 234, b. 
Cetra or Caetra, 235, b. 
Key, 262, a. 
Chain, 224, b. 
Xairr,, 291, a. 
*Chalbane, 236, a. 
*Chalcanthus, 236, a. 
XaXiccia, 236, a. 
XdXtceiov, 317, b. 
Chalcidium, 236, a. 
*Chalcis, 236, b. 
XaXiuoiKia, 236, b. 
Xd^Kiaixdi, 940, a. 
*Chalcitis, 237, a. 
*Chalcophonos, 237, b, 
♦Chalcos, 237, a. 
XoXkos, 29, a ; 29, b. 

Chalcosmaragdus, 23", b. 
XaXicovs, 30, a. 
XaXivos, 452, a. 
"Chalybs, 237, b. 
*Chamaeacte, 238, a. 
*Charn;Edrys, 238, a. 

Cl rafficerasus, 238, a. 



♦Chanuclion, 23S, a. 
*ChamiEmelon, 238, b 
*Chama>,pitys, 238, b. 
*Chamel&sa, 238, b. 
XafiEvvr), 572, b. 
Xantvviov, 572, b. 
XdoaKts, 1034, a. 
*Charadrius, 238, b. 
Chariot, 159, b; 331, a; 420, b. 
Charistia, 238, b. 
Xapuvtoi MXi/iaiccs, 969, a. 
Charta, 588, a. 
XzipzKixaytiov, 615, a. 
XeipiduTOS Xiruiv, 240, b. 
Xupoypcubov, 240, b ; 937, b. 
Xtipdnaicrpov, 344, a ; 615, a. 
Cheirononiia, 239, a. 
XeipoTovilv, 239, a. 
XciporovrjTot, 81, b. 
Xaporovia, 239, a ; 386, a. 
XeXiSdvia, 239, a. 
*Chelidonium, 238, b. 
*Chelidon, 238, b. 
*Chelone, 238, b. 
XeXwvr), 605, b ; 965, b. 
XtXvs, 605, b. 
Xtinr,, 239, a. 
*Ckenalopex, 239, b. 
Cheniscus, 239, b. 
*Chenopodium, 239, b. 
XcpvtBov, 239, b. 
Xipvirp, 239, b. 
*Chemites, 240, a. 
Xripuxxrai, 495, a. 
*Chersydrus, 240, a. 
*Chia Terra. 240, a. 
XiXtapxta, '00, a. 
Chimneys, 515, b; 521, a. 
Chiramaxium, 240, a. 
Chiridota, 240, b. 
Chirographum, 240, b. 
Chirurgia, 241, a. 
Chisel, 373, a. 
XiTt&v, 1022, b. 

" 'Afjuptuaax^oSj 1024, a. 

" Xiiptdtards, 1024, a. 

M r Er£po^tt«7xaXof,1024,a. 

u Sxtffrds, 1023, a. 

" SroAioWefc, 1024, a. 
XirdJvia, 244, a. 
Xnwviov, 1023, b ; 1024, a. 
XiTwviaicos, 1023, b ; 1024, a. 
Xiuii'i 658, b. 
*Chium Marmor, 244, a. 
*Chium Vinum, 244, b. 
XAa?i>a,561,a ; 572, a ; 718, b. 
XXaiviov, 718, b. 
XXavidiov, 718, b. 
XXavls, 718, b. 
XXaviamov, 718, b. 
Chlamys, 244, b. 
XA«5at, 291, b. 
XXiS&v, 95, b. 
XXdaa, 245, b. 
XXoid, 245, b. 
*Chloreus, 245, b. 
*Chloris, 246, a. 
Xoai, 458, b. 
Xoavoi, 450, b. 
Xdes, 364, b. 
Xoevs, 248, a. 
XoivtKts, 331, a. 
Xotvil, 246, a. 
Xotpivai, 819, a. 
*Xo?poj nurd/icos, 246, a. 
XtD/^a, 457, a. 
Choragia, 246, a. 
Choragus, 24C, a. 
Xwp/j Oikovvtcs, 589, a, 
Xuipiuv SIkt], 246, b. 
Chorus, 246, b. 
Xous, 248, a. 
Xpiovs diKrj, 248, a. 
Xprjanoi, 369, a. 
XprjafioXoyia, 369, a. 
Xpriart'ipiov, 687, b. 
Xpoi^av, 700, a. 
*Chromis, 248, b. 
XpvG<l>vt)Toi, 881, a. 
Xpvads, 128, a. 
'Chrysalis, 248, b. 
*Chrysauthemum, 248, b. 
*Chryselectrum, 248, b. 
*Chryselectrus, 248, b. 
Chrysendeta, 248, b. 
'Chrysites, 248, b. 
*Chr>'sitis, 249, a. 
*Chrysocolla, 249. a. 
"*Chrysocome, 249, a. 
Chrysolithus, 249, a. 



*Chrysomelum, 249, a. 

*Clirysopis, 249, a. 

*Chrysophris, 249, a. 

*Chrysoprasius Lapis, 249, b 

Xddvia, 249, b. 

Xurpa, 250, a ; 677, b. 

Xvrpoi, 364, b. 

Ki6wt6s, 81, a. 

* Cicada, 250, a. 

♦Cici, 250, b. 

KUivvost 291, b. 

Cidaris, 981, a. 

Cider, 1054, b. 

Cilicium, 250, b. 

Cilliba, 633, b. 

*Cimex, 250, b. 

*Cimolia Terra, 251, a. 

*Cinara, 251, a. 

Cincia Lex, 251, a. 

Cincinnus, 291, b. 

Cinctus, 1024, b. 

Cinctus Gabinus, 987, a. 

Cingulum, 1073, a- 

Cinerarius, 187, a. 

Cineres, 460, a. 

Ciniflo, 187, a. 

*Cinnabaris, 251, b. 

*Cinnamomum, 252, a. 

K<W, 288, a. 

Kioves, 457, b. 

Cippus, 252, a. 

Circenses Ludi, 255, b. 

Circinus, 252, b. 

Circitores, 222, b. 

Circuitores, 222, b. 

Circumlitio, 705, a. 

Circumluvio, 44, b. 

Circumvallation, 1034, b. 

Circus, 252, b. 

*Ciris, 257, a. 

Cirrus, 291, b. 

*Cirsium, 257, a. 

*Cis, 257, a. 

Cisium, 257, a. 

*Cissa, 257, a. 

*Cissaris, 257, a. 

*Cissos, 257, a. 

Cista, 257, a; 901, a, 

*Cisthus, 258, a. 

Cistophorus, 258, a. 

Cithara, 605, b. 

KiOapn, 605, b. 

Ki0apio8ia, 826, a. 

Citizenship (Greek), 258, b. 

Citizenship (Roman), 260, b. 

*Citrus, 258, a. 

Civica Corona, 310, a. 

Civile Jus, 559, b. 

Civilis Actio, 17, b. 

Civis, 261, a. 

Civitas (Greek), 258, b. 

Civitas (Roman), 260, b. 

Clandestina Possessio, 544, a. 

Clarigatio, 438, a. 

KXaptirai, 316, b. 

Classes, 296, a. 

Classica Corona, 310, b. 

Classicum, 309, a. 

Clathri, 521, a. 

Claudia Lex, 582, a. 

Clavarium, 263, b. 

Clavis, 262, a. 

Claustra, 526, a. 

Clavus, 263, a. 

Clavus Annalis, 263, b. 

Clavus Gubernaculi, 263, b. 

Clavus Angustus, 265, a. 

Clavus Latus, 264, a. 

KAflooux ') 959> a. 

KXeidovxot, 959, a. 

KXei;, 262, a. 

KXeWpov, 526, a. 

*Clematis, 265, b. 

Clepsydra, 50S, b. 

Clerks (Athenian), 169, b ; 479, 

a. 
KXrjpovSfiog, 495, a. 
KAfjpo?, 495, a. 
KXrjpovxia, 265, b. 
KX.rjpovxoi, 265, b. 
KXriTrjpts , 266, b. 
Clibanarii, 223, b. 
KXiSavog, 450, a. 
Cliens, 267. a. 
Clientela, 267, a. 
KXipial, 824, a ; 856, b , 939, b. 
KXivrj. 344, a ; 570, 1 ; 572, a. 
KXniSiov, 570, a. 
*Clinopodimu, 268, a, 
Clijieus, 268, a 



Clitellte, 269, b 
Cloaca, 269, b. 
Cloacanum, 270, a. 
Cloacarum Curatoies, 270. a. 
Clocks, 508, a. 
Clodia Leges, 582, a 
KXoirrjs 5ikt; 270, a 
*Clymenon, 270, b. 
*Clupea, 270, b. 
*Cleorum, 270, b. 
Kiadttvg, 453, a. 
K^o$,9S9, b. 
K"^//at, 331, b. 
Ki 7//i'?» 676, b. 
KviiftaXov, 572, a. 
*Cnicus, 270, b. 
Knife, 327, a. 

Knights (Athenian), 22v, (». 
Knights (Roman), 414, b. 
*Cnipologus, 271, a. 
*Cnips, 271, a. 
Knockers, 526, b. 
Coa Vestis, 271, a. 
Coactor, 271, a ; 1035, it 
*Cocalis, 271, a. 
*Coccum, 271, b. 
*Coccygea, 271, b. 
*Coccymelea, 271, b. 
*Coccyx, 271, b. 
*Coccones, 271, b. 
* Cochlea, 271, b. 
Cochlea, 272, a. 
Cochlear, 272, b. 
KoxXidotov, 272. b 
Codex, 272, b. 
Codex Gregorianus and He* 

mogenianus, 272, b. 
Codex Justinianeus, 273, a. 
Codex Theodosianus, 273, b. 
Codicilli, 965, a. 
Ku>Siov, 572, a. 
Kio8<i)v, 983, b. 
Kcika, 572, a. 

Ccelia or Caelia Lex, 943, u. 
Coemptio, 623, b. 
Ccena, 274, a. 
Coenaculum, 518, a. 
Ccenatio, 276, a. 
Coanatoria, 276, a ; 940. a. 
Coffin, 456, b ; 460, a. ' 
Cognati, 277, a. 
Cognatio, 277, a. 
Cognitor, 19, a ; 19, t 
Cognitoria Exceptio, 19, <x 
Cognomen, 661, a. 
Coheres, 497, b. 
Cohors, 104, a. 
KolXov, 968, a. 
K.oiTU>vcs, 514, b. 
*Coix, 278, a. 
KoXaKeg, 733, a. 
KwXaicpcTai, 950, b. 
*Colchicum, 278, a. 
KoXedg, 478, a. 
Collatio Bonorum, 165, 0. 
Collegse, 278, a ; 1064, a. 
Collegetarii, 573, b. 
Collegiati, 1064, a. 
Collegium, 278, a ; 1064, a. 
KdXXrjois, 178, a. 
KoXXvSioTfjs, 30, a, 
KdXXvBos, 30, a. 
Colobium, 1024, a. 
*Colocasia, 279, a. 
*Colocynthe, 279, b. 
*Colocynthis, 279, b. 
*Colias, 279, b. 
KoXdvai, 457, a. 
Coloni, 801, a. 
Colonia, 279, b. 
Colony (Roman), 279, b 
Colony (Greek), 284, a 
Colores, 285, a. 
Colossicotera, 287, a. 
Colossus, 287, a. 
*Colotes, 287, b. 
*Colbutea, 287, b. 
KoAtto?, 1023, b. 
♦Coluber, 287, b. 
*Columba, 287, b. 
Colum, 287, b. 
Columbarium, 2S7, b. 
Colc.-nn. 288, a. 
Columna. 288, a. 
Columna Rostrata, 290, •> 
Colus, 464, b. 
Coma, 291, a. 
*Comaros, 294, a. 
♦Combretum, 294, a 
Combs, 748 a. 

1 109 



GENERAL INDEX. 



Ktun, 291, a. 

♦Com.;, 294, a. 

Comedy, 298, b. . 

Comes, 294, a. 

Commissatio, 294, a. 

Comitia, 294, b. 

Comitia Centuriata, 295, b ; 

1007, a. 
Comitia Curiata, 294, b. 
Comitia Tributa 294, b ; 297. 

b ; 1005, a. 
Commeatus, 298, a. 
Commendationes Mortuorum, 

442, b. 
Commentariensis, 298, a. 
Coiamentarii Sacrorurn, 791, 

a. 
Commentarium, 298, a 
Commentarius, 298, a. 
Commercium, 261, a. 
Commissoiia Lex, 298, a. 
Conunissum, 298, a. 
Commixtio, 303, a. 
Commodans, 298, b. 
Commodatarius, 298, b. 
Commodati Actio, 298, b. 
Commodatum, 298, b. 
Ko/i//*df, 995, a. 
Comrr.uni Dividundo Actio, 

298, b. 
Comoedia, 298, b. 
Comedy (Greek), 299, a. 
Comedy (Italian), 300, a. 
Kw//wcVa, 298, b. 
Kwnos, 246, b ; 298, b ; 247, b. 
Compass, 252, b. 
Compeusatio, 301, a. 
Comperendinatio, 550, b. 
Comperendini Dies, 362, b. 
Compitalia, 301, a. 
Compitalicii Ludi, 301, a. 
Competitor, 46, a. 
Compluvium, 516, b. 
Compromissum, 551, b. 
Concamerata Sudatio, 149, a. 
Conceptivae Feriae, 435, b. 
Concha, 301, b. 
"Concha. 301, b. 
♦Conchy lium, 301, b. 
Conciliabulum, 282, b. 
Conciliarii, 116, a. 
Concio, 1006, b. 
Concubina (Greek), 301, b. 
Concubina (Roman), 302, a. 
Cencubinatus, 302, a. 
Condemnatio, 19, b ; 551, a. 
CondicJio, 16, b. 
Conditivum, 302, b. 
Conditorium, 302, a. 
Conditurae, 1053, b. 
Conductio, 595, a. 
Conductor, 595, a. 
K.6vSv\og, 763, b. 
Condus, 228, b. " 
KtLveiov, 394, b. 
*Coneion, 302, b. 
Confarreatio, 623, b. 
Confessoria Actio, 302, a. 
Confusio, 303, a. 
♦Conger, 303, b. 
Congiarium, 303, b. 
Congius, 304, a ; 889, b. 
Kovidrrjg, 736, a. 
KoviirocJig, 1002, b. 
Conjurali, 1022, b. 
Conjuratio, 1022, b. 
Connubium, 622, a, b. 
Kowojrtrjv, 304, a. 
Conopeum, 304, a. 
*Conops, 304, a. 
Conquisitores, 304, a. 
Consanguinei, 277, a ; 499, b. 
Conscripti, 865, a. 
Consecratio, 72, a ; 532, a. 
Consensus, 675, a. 
Consiliarii, 306, b. 
Consilium, 306, b. 
Consistorium, 817, b. 
Consobrina, 277, b. 
Consobrinus, 277, b. 
Conspoi-sor, 541, b. 
Coustitutiones, 304, b. 
Consualia, 304, b. 
Consul, 305, a. 
Consulti, 558, a. 
Consultores, 558, a. 
Contestari, 594, a. 
Contractus, 672, b ; 675, b 
Controversia, 551, b. 
r 'Onfubernales, 3°6, a. 
1110 



(( 
(( 

(( 
(( 

<c 

u 



Contubemium, 302, a ; 306, a ; 

883, a. 
Contus, 306, a ; 893, b. 
Conventio in Manum, 622, a ; 

623, a. 
Conventiones, 675, a. 
Conventus, 306, b ; 813, b ; 

814, a. 
Convicium, 539, a. 
Convivium, 938, b ; 940, a. 
*Convolvulus, 306, b. 
*Conus, 307, a. 
K6yl, 185, b. 
K6yl tyijroS, 396, a. 
♦Conyza, 307, a. 
Cooks, 344, b. 
Co-optari, 279, a. 
Co-optatio, 790, b. 
KoTTtivov, 642, b. 
Kw7r>7, 211, b ; 893, a. 
Kotttciv, 527, b. 
Cophinus, 307, a. 
KoiriVi 521, b. 
*Coracinus, 307, a. 
*Corallium, 307, a. 
*Corallis, 307, a. 
♦Corax, 307, b. 
Kopal, 526, b. 
Corbicula, 307, b. 
Corbis, 307, b. 
Corbita, 308, a. 
Corbula, 307, b. 
*Corchorus, 303, a. 
Cordage, 894, a. 
KdpSal, 299, b. 
*Cordylus, 308, a. 
*Coriandrum, 308, a. 
Kopivdia Koor), 503, a. 
Kopiv6td£,eodai, 503, a 
♦Coris, 308, b. 

Cornelia Lex Agraria, 582, a. 
de Falsis,428,a,b. 
de lnjuriis, 539, a. 
Judiciaria, 553, a. 
Majestatis, 609, b. 
Nummaria, 428,b. 
de Proscriptione 
et Proscnptis, 812, a. 

" de Sacerdotiis, 

790, b. 

" de Sicariis et Ve- 

neficis, 308, a. 

" Sumtuaria, 934,b. 

" Testamentaria, 

428, b. 

" Unciaria, 582, b. 

Cornelia Baebia Lex de Ambi- 

tu, 582, b. 
Cornelia Fulvia Lex de Ambi- 

tu, 46, b. 
Cornicines, 28, a. 
Cornu, 309, a. 

Cornua, 62, a ; 588, b ; 606, b. 
Corona, 309, b. 

Castrensis, 311, a. 
Civica, 310, a. 
Classica, 310, b. 
Convivialis, 312, b. 
" Etrusca, 313, a. 
" Funebris, 312, b. 
" Lemniscata, 313, a. 
" Longa, 313, a. 
" Muralis, 311, a. 
" Natalitia, 313, a. 
" Navalis, 310, b. 
" Nuptialis, 313, a. 
" Obsidionalis, 309, b. 
" Oleagina, 312, a. 
" Ovalis, 311, b. 
" Pactilis, 313, a. 
" Pampinea, 313, b. 
" Plectilis, 313, a. 
" Radiata, 313, b. 
" Rostrata, 310, b. 
" Sacerdotalis, 312, b. 
Sepulchralis, 312, b. 
Sutilis, 313, a. 
Tonsa, 313, b. 
Tonsilis, 313, b. 
" Torta, 313, a. 
" Triumphalis, 311, b. 
" Vallaris, 311, a. 
Coronarii, 877, a. 
Koowv>7, 526, b. 
♦Corone, 313, b. 
♦Coronopus, 313, b. 
Coronix, 412, b. 
Corporati, 278, a ; 1064, a. 
Corporatio, 278, a ; 1064, a. 
Corpus, 278, a. 



a 
a 
u 
u 



u 
C< 
c 
■< 



Corpus Juris Civilis, 313, b. 

Kopprj, KdpGT), 291, a. 

Correus, 675, a. 

Corrigia, 47, a ; 189, a. 

♦Corruda, 314, a. 

Cortina, 314, a. 

KopvSavreg, 314, b. 

KopvSavTiicd, 314, b. 

KopvBavTMTnog, 314, b. 

KwpvKog, 153, b. 

K6pvp6os, 291, a ; 314, b. 

Kopvvrj, 748, b. 

Kopv(paia, 452, b. 

Kdpuj, 466, a. 

Kwpvrdg, 315, a. 

Corvus, 314, b. 

Corycaeum, 153, b. 

♦Corylus, 315, a. 

Corytos, 315, a. 

Kw<r, 213, a. 

Cosmetae, 315, b. 

Cosmetes, 483, a. 

Cosmetriae, 315, b. 

Cosmi, 315, b. 

Kocr/iwrpia, 695, b. 

*Cossyphus, 316, b. 

*Costum, 316, b. 

Cothurnus, 316, b. 

Kotivos, 683, b. 

*Cotinos, 317, a. 

*Cotonium Malum, 317, b. 

KoTTaBsiov, 317, b 

KorrdSiov, 317, b 

K6rra6os, 317, b 

♦Cottus, 318, a. 

♦Cottyphus, 318, a. 

K6ttvtcs, 318, a. 

KotvXtj, 318, b. 

KorvTTia, 318, a. 

Cotyla, 318, b. 

♦Cotyledon, 318, b. 

*KovKio(p6pov ScvSpov, 318, b. 

Couches, 572, a ; 570, a. 

Covinarii, 318, b. 

Covinus, 318, a. 

KovpzioTtg, 67, a. 

Kovpevg, 138, b. 

Cowl, 325, a. 

Kpd66arog, 572, b. 

KpdSr), 969, b. 

*Crangon, 318, b. 

*Crania, 318, b. 

Kpdvog, 466, a. 

Crapula, 1053, b. 

KpdcrrreSov, 565, a. 

♦Crataegus, 318, b. 

♦Crataeganon, 319, a. 

Kparijp, 319, a. 

Crates, 319, b. 

Kpsdypa, 487, b. 

Creditor, 675, a. 

Kpi/xSaXa, 335, b. 

Ko£o-ojA£?ov, 607, b 

KpeoTTU)\r]g, 607, b. 

Crepi, 603, b. 

Crepida, 319, b. 

Crepidines, 1043, a. 

Kpr)TTig, 319, b. 

Creppi, 603, b. 

Creta, 255. a. 

*Creta, 320, a. 

Cretan Constitution, 315, b. 

Cretio Ilereditatis, 498, a. 

*Crex, 320, a. 

KpUog, 527, b ; 533, a. 

Crimen, 320, b. 

Crimina Extraordinaria, 321, a. 

♦Crimnus, 320, a. 

♦Crinanthamuin, 320, a. 

Crinis, 291, b. 

Koiog, 92, b. 

♦Crios, 320, a. 

Crista, 466, a. 

Kpirai, 321, b. 

KpidouavTEta, 369, b. 

Kpu)6v\og, 291, a. 

KpoK/j, 953, b. 

♦Crocodilus, 321, b. 

*KpoKoSci\og %£Offa?oj, 322, a. 

*Crocodeilium, 322, a. 

Crocota, 322, b. 

♦Crocottas, 322, b. 

♦Crocus, 322, a. 

♦Cromyon, 322, b. 

Kpa'vta, 322, b. 

Crook, 748, b. 

Cross, 324, a. 

Kpoacoi, 443, b. 

Crotalistria, 323, a 

Crotalum, 322, b 



♦Croton, 324, a 
Kpou'cji/, 527, b. 
Kpoviia, 335, b. 
KpovTi£,ia, 335, b. 
Crown, 309, b. 
Crucifixion, 324, a 
Kpvmfi, 323, a. 
Kpvirrrfa, 323, a. 
KpuTrr/a, 323, a. 
Kpvnroi, 323, b. 
Crusta, 248, b ; 399. b. 
Crux, 324, a. 
Crypta, 324, a. 
Cryptoporticus, 324, a 
♦Crystallus, 324, b. 
KTsig, 748, a. 
Kn'ipiara, 403, b. 
Ctesibica Machina, 65, a 
KvaBog, 334, b. 
Cubicularii, 324, b ; 804, a, 
Cubiculum, 325, a ; 517, b. 
Kv6iar$v elg paxaipag, 325, s 
Kv6i(jTr)Trjpt:g, 325, a ; 852, a 
CuT)itoria, 276, a. 
Cubit, 325, a. 
Cubitus, 325, a. 
KvSog, 325, a ; 959, b. 
Cubus, 325, a. 
KvkXci, 3^1, b. 
Ku/cAa?, 335, a. 
Cucullus, 325, a. 
*Cucuims, 325, b. 
♦Cucurbita, 325, b. 
Cudo, 325, b. 
Culcita, 573, a. 
Culeus, 325, b; 889, b, 
♦Culex, 325, b. 
KuAtfftj, 717, a. 
Culina, 325, b ; 517, b 
KuA/ctk?7, 325, b. 
KvXicKiov, 325, b. 
Kv\i$, 325, b. 
Culleus, 325, b. 
Culpa, 326, a. 
Culpa Lata, 326, b. 
Culpa Levis, 326, b. 
Culpa Levissima, 325, b. 
Culter, 327, a. 
Cultrarius, 327, a. 
KiJ^fiaAov, 335, b. 
Kv(jl6t}, 335, a- 
Cunabula, 534, a. 
Kvviij, 466, a. 

Kwr/ysTiKdv Oiarpov, 1037, a, 
Cuneus, 327, b ; 968, a. 
Cuniculus, 327, b. 
*Cuniculus, 327, b. 
♦Cunila, 327, b. 
Cupa, 374, a ; 1051, b 
Kii-zeWov, 51, a. 
*Cupressus, 327, b. 
Cura Bonorum, 329, b. 

" Bonorum Absentis,329,b 

" Bonorum et Ventns, 322 

b. 

" Hereditatis, 329, b. 

" Ilereditatis Jacentis, 329, 

b. 

" Alorum, 664, b. 
Curatela, 328, b. 
Curator, 328, a. 
Curatores, 329, b. 

" Alvei et Riparun* 

329, b. 

Annonce, 329, b. 
Aquarum, 75, b. 
Kalendarii, 329, b. 
Ludorum, 329, b. 
Operum Publico 

rum, 329, b. 

" Regionum, 329, b. 
" Reipublicae, 330, a. 
" ^ Viarum, 1043, b. 
KvpBacia, 778, b ■ 980, b. 
Ki)o6a?, 131, h 
Curia, 330, i. 
Curiae, 330, a. 
Curiales, 282, b. 
Curiata Cmnitia, 294, b 
Curio, 330, a. 

Curio Maximus, 330, a ; 785, a 
Kvpiog, 330, b. 
♦Curma, 331, a. 
Cursores, 331, a. 
Cursus, 256, a. 
*Curuca, 331, a. 
Curules Magistratus, 607. b 
Curulis Sella, 862, a. 
Curriculum, 331, a 
Currus, 331, a 



it 
u 
it 
« 



GENERAL INDEX. 



ouspis, 488, b. 
Custodes, 367, h. 
Gustos Urbis, 803, a. 
KvdqpodtKtis, 756, b. 
Cyathus, 334, b j 889, b 
Cyclas, 335, a. 
*Cycleminus, 334, b. 
'Cycnus, 334, b. 
"Cydonium Malum, 335, a. 
Cymba, 335, a. 
Cymbal, 322, b ; 335, a. 
Cymbalistria, 335, b. 
Cymbalum, 335, a. 
*Cynocepliali, 335, b. 
*Cynoglossum, 336, a. 
*Cynccrambe, 336, a. 
*Cynomuia, 336, a. 
*Cynoraistes, 3S6, a. 
*Cynorhodon, 336, a. 
*Cynosbatum, 336, a. 
*Cynops, 336, a. 
*Cyperus, 336, a. 
*Cyprus, 336, a. 
*Cytisus, 336, a. 

D. A. 
Dactyliotheca, 336, b. 
*Dacrydion, 337, a. 
*Dactyli, 337, a. 
Aqdovxos, 396, a. 
AuktvXiov, 839, a. 
A(iktv\os ? 763, b. 
Daggers, 824, a ; S96, a. 
AaiduXa, 336, b. 
Aatg, 945, a. 
"Damasonium, 337, a 
Aa/xtovpyoi, 347, a. 
Damni Injuria Actio, 337, a. 
Damnum, 326, a ; 337, a. 
Damnum Infectum, 337, b. 
Aap:ooia, 337, b. 
Aavdiaj, 337, b. 
Dancing, 850, b. 
Adveia/ia, 545, b. 
"Daphne, 337, b. 
AtMpvrjipopta, 338, a. 
Aaipvrjipooog, 338, a. 
*Daphnoides, 338, b. 
Adnig, 951, a. 
Dare Actionem, 18, b. 
Aapeiicdg, 338, b. 
Daricus, 338, b. 
-Dascillus, 339, a. 
*Dasypus, 339, a. 
Caucus, 339, a. 
Day, 361, b. 
Debitor, 675, a. 
Acicadapxia, 339, a. 
i\cKa8ouxoi, 339, a. 
Aixapxta, 339, a. 
AtKacfiog, 339, a. 
AcKao-vXog, 290, a.' 
AzKUTiiuv, 172, b. 
AzKiirr], 341, b; 659, a ; 957, a. 
AcKarrjXdyoi, 341, b. 
AcKtiTEvrai, 341, b. 
AtKarcvT/jptov, 341, b • 957, a. 
Ar.Ka-iUvai, 341, b. 
December, 191, a. 
Decempeda, 339, b ; 763, a. 
Decemviri, 339, b. 
Decemviri Legibus Scribendis, 

339, b. 

Decemviri Litibus Judicandis, 

1046, b. 
Decemviri Sacris Faciundis, 

340, a. 
Decimatio, 340, b. 
Decimatrus, 830, b. 
Decretum, 340, b; 871, b. 
Decums, 340, b. 
Decumani, 340, b. 
Decumam Agri, 340, b. 
Decumates Agri, 340, b. 
Decuncis, 591, a. 
Decuria, 104, a. 

Decurise, 470, b ; 865, b ; 866, a. 
Decuriae Judicum, 553, a. 
Decuriales, 1063, b ; 1064, a. 
Decuriati, 1063, b ; 1064, a. 
Decuriones, 104, a; 282, b; 

330, a ; 1063, a. 
Decurrere, 460, a. 
Decursoria, 174, a. 
Decussis, 111, a. 
Dedicare, 376, «. 
Dedicatio, 424, b ; 532, b. 
Deditio, 341, b. 
Dediticii, 341, b 
Deductores, 46, a 



Defensores, 816, b. 
Defrutum, 1051, b. 
Arjyiia, 452, b. 
AEiKEXivrai, 341, b. 
Aely/ia, 342, a. 
Dejectum Effusum, 342, a. 
Dejecti Effusive Actio, 342, a ; 

1049, b. 
AdXrj, 361, b. 
AeiXiag ypacprj, 342, a. 
AziirvoXoyoi, 342, a. 
Aunvov, 342, a. 
AenrvoQopoi, 696, a 
Delator, 345, a. 
Delia, 345, a. 
AfjXia, 345, a. 
Delictum, 320, b. 
Delphinas, 253, b. 
Delphinia, 345, a. 
AsX(plvca, 345, b. 
AzX<biv, 345, b. 
*Delphinium, 346, a. 
*Delphis, 346, a. 
AzXQig, 345, b. 
Delubrum, 957, b. 
Arj/iaywyoi, 936, b. 
Demarchi, 346, a. 
Afmapxoi, 346, a. 
Ar/fi/jyopoi, 936, b. 
Demens, 328, b ; 329, a. 
Demensum,. 346, b ; 887, b. 
Dementia, 329, a. 
Demetria, 346, b. 
Deminutio Capitis, 212, a. 
Arj/xidTrpara, 346, a. 
Arjijuovpyol, 347, a. 
Demiurgi, 347, a. 
Ai/ivLov, 572, a- 
ArjfidKOLvos, 394, b. 
Demonstratio, 19, b. 
AtjjAOTToiTjTos, 347, a. 
Arj/xog, 347, a. 
Arjixoaioi, 347, a. 
Ar](i6(Jioi, 394, h 
Arj/xdrai, 348, a. 
Demus, 347, a. 
Denarius, 348, b. 
"Dendrachates, 349, b. 
*Dendrolibanus, 349, b. 
*Aev5pv<pia Kpdnva, 349, b. 
Denicales Feriae, 435, a ; 462, a. 
Dentale, 79, a ; 79, b. 
Dentifricium, 349, b. ■ 
Depensi Actio, 542, a. 
Deponens, 349, b. 
Deportatio in Insulam, 136, b. 
Deportatus, 136, b. 
Depositarius, 349, b. 
Depositi Actio, 349, b. 
Depositor, 349, b. 
Depositum, 349, b. 
Aep/ia, 749, b. 
Derogare Legem, 580, a. 
Aeppig, 250, b. 
Desertor, 350, a. 
Designator, 459, b. 
AzaficxpvXaKes, 394, b. 
AeapwTtjpiov, 213, a. 
AtCTTOciovavTai, 260, a. 
Desultor, 350, a. 
Detestatio Sacrorum, 469, b. 
AcvTepaytJViGTrjs, 505, b. 
AevTEodTiOT/jioi, 458, a. 
Deversorium, 226, a. 
Deunx, 110, b ; 591, a. 
Dextans, 110, b ; 591, a. 
Diadema, 350, b. 
Aia6aT))pia, 351, a. 
AiaxtipoTovia, 239, a. 
AiaSiKaala, 351, a. 
AiaiiKaaia rrjg imicXfipov, 411, 

a. 
AiaSdaeig, 355, b ; 972, b. 
Dista, 276, a; 518, b. 
Diabetica, 351, a. 
Aiaypa<ptis, 392, b. 
AiaiTa, 351, a. 
AiaiTrirai, 352, b. 
AiaiTTfTiKri, 351, a. 
Dialis Flamcn, 445, a. 
Aia/iaorvpia, 355, a. 
Aiaixacrlywais, 355, b. 
Aiavopai, 355, b ; 972, b. 
Aia4>avrj cifiara, 355, b. 
Aiatpttyiaig, 355, b. 
Diarium, 346, b ; 887 b. 
Aidaia, 356, b. 
AidarvXog, 290, a. 
Diatreta, 1054. a. 
AiavXos, 90S, b , 909, b 



Aidfypa, 929, b. 
Aia^dj/iara, 968, a. 
AiKaaTrjptov, 356, b. 
AiKaorfis, 357, a. 
AiKaariicdv, 357, a ; 1014 a. 
Dice, 959, b. 
Dice-box, 452, b. 
AIkti, 358, a. 

M dympyiov, 31, b. 

" aiKiag, 40, a. 

" dpeXiov, 47, a. 

" dvaywyris, 56, b. 

" dvdoinog, 73, a. 

" avSpa-rrdfiav, 58, b. 

" diroXeiipewg, 70, b. 

" diroTriuil/eios, 71, a. 
' a-OGTCLOlOV, /I, b. 

u d-rrd avp.6dXu)v, 933, a. 

" dpyvpiov, 92, a. 

° avroraXfis, 73, a ; 359, b. 

" dtpopurjs, 68, a. 

" PeBaiwaewg, 155, b. 

" faaiwv, 157, b. 

" (SXdBrjs, 161, a. 

M iyyvrjs, 404, b. 

" £Mxt]vos, 400, b. 

" ifnzopiK)], 403, a. 

" ivoiKiov, 404, b. 

" i Zaywyrjs, 424, a. 

" Qaipcoewg, 424, a. 

" i{ovXris, 427, a. 

" ETTiTpiripapxwaTos, 1011, 

a, b. 

" iiriTpoTTrjs, 413, a. 

" KtxKtiyopiag, 184, a. 

" KaKoXoyiag, 184, b. 

" KaKorsxviZv, 184, b. 

" Kdpnov, 217, b ; 404, b. 

" KXoirrjg, 270, a. 

" Xetiro/jiapTvpiov, 626, b. 

" Xoicooiag, 184, a. 

" liiaQoy, 639, u. 

" ynoQ&otws otkov, 638, b. 

" olicias, 677, b. 

" ovelag, 427, a. 

" TzapaKaraQfiKris, 731, a. 

" TTpoeiaipopas, 811, b. 

" -n-poucdi, 379, b. 

" oltov, 900, b. 

" I'/cup/a, 860, b. 

" cvp.6oXaiu)V or gvvQiikwv 

Trapa6d<i£U)s, 932, b. 

" (popas d<pav-ovi ml /icOr]- 

/xepivrjs, 771, a. 

" xptovg, 248, a. 

" ruipcov, 246, b. 

" ij/evSoixapTvpiCov, 627, b. 
AUeXXa, 592, a ; &32, a. 
AiXopia, 996, a. 
Dicrota, 160, a. 
Dictator, 360, a. 
AiKTVWia, 361, b. 
A'iktvov, 836, a. 
Didia Lex, 934, a. 
AiSpaxftov, 381, a. 
Airjpzg, 515, b. 
Dies, 361, b. 

" Comitiales, 362, b. 

" Comperendini, 362. b 

u Fasti, 362, a. 

" Feriati, 435, b. 

" Festi, 362, b. 

" Intercisi, 362, b. 

" Nefasti, 362, b. 

" Proeliales, 362, b. 

" Profesti, 362, b. 

" Stati, 362, b. 
Diffarreatio, 371, a. 
Digesta, 725, a. 
Digitalia, 613, a. 
Digitus, 763, a. 
AinrdXua, 363, a. 
AuvdXia, 363, a. 
Dilatoria Exceptio, 19, z. 
Diligentia, 326, b. 
Dimadwe, 363, a. 
Aifxdxai-y 363, a. 
Dimacheri, 476, b. 
Dimensum, 887, b 
Diminutio Capitis. 212, a. 
Dinner, 276, a ; 343, b. 
AiwScXla, 972, b. 
AitLBoXov, 381, a. 
Ai6kXcici, 363, a. 
Ano^uoia, 65, b. 
Aiovvaia, 363, b. 
Aiovvaia kut dypovg or fiiKod, 

364, a. 
Aioviaia iv doret or /xeydXa, 

odo, a. 



Dionysia, 363, b. 
*Aiog diOog, 367, a 
AuooKoipia, 367, a. 
Aioarjp.ela, 370, a. 
*Diospyrus, 367, a. 
Diota, 367, a. 
Aiirrepoi, 290, n. 
Ai(p9epa, 367, a. 
AtQOipai, 588, a. 
Allppog, 333, a. 
*Diphryges, 367, a. 
AiVAaS, 718, a. 
AnrXoidiov, 1023, a. 
AnrXotg, 720, b ; 1023. a 
Diploma, 367, a. 
AinoXeia, 363, a. 
Afaptopoi NJJfj, 51, b. 
*Dipsacus, 367, a. 
*Dipsas, 367, a. 
AtTiTvxa, 367, b. 
Diptycha, 367, b ; 944, a 
Directa Actio, 17, a 
Diribitores, 367, b. 
Discessio, 868, a. 
Discipula, 1040, a 
Aioicovpa, 368, a. 
Discinctus, 1024, b. 
Discus, 367, b. 
Dispensator, 190, a. 
Distaff, 464, b. 
Dithyrambus, 247, b. 
Diversorium, 226, a. 
Dividiculum, 219, a. 
Divinatio, 368, b. 
Divinatio (law term), 370, a. 
Divisores, 46, b. 
Divorce (Greek), 70, b ; 622, a 
Divorce (Roman), 370, b 
Divortium, 370, b. 
Adxava, 371, a. 
AoKtpacia, 371, b ; 406, a 
Dodrans, 110, b ; 591, a. 
Dogmatici, 371, a. 
Dolabella, 373, a. 
Dolabra, 373, a. 
AoXixoSpSfioi, 909, U. 
&6Xi X og, 908, b ; 909, b 
Doliurn, 374, a ; 1051, 1). 
De Dolo Malo Actio, 326, a. 
Dolus Malus, 326, a. 
Aw/iana, 514, b. 
Dominium, 374, a.. 
Dominus, 376, a. 
Dominus Funeris, 459, b. 
Domitia Lex, 790, b. 
Domus, 513, b 
Dona, 376, a. 
Donaria, 376, a. 
Donatio Mortis Causa, 377, b. 
Donatio Propter Nuptias,377,a 
Donationes inter Virum et Ux 

orem, 377, b. 
Donativum, 303, b. 
*Donax, 378, a. 
Door, 514, b. 
Aopd, 749, b. 
A&pa, 376, a. 
Aopdriov, 488, b. 
Aoparodf/Kri, 489, a. 
*Dorcas, 378, a. 
AopidXwToi, 880, b. 
Dormitoria, 517, b. 
AwpoSoxiag ypa&ri, 339> b 
Adjpav ypacpfj, $39, b. 
Awpofyviag ypaQfi, 1071, a. 
AopTteia, 66, b. 
Aop7Ti'a, 66, b. 
Adp-ov, 342, b. 
Dorsuarius, 378, a. 
Ao'pu, 488, b. 

Aopvipopoi, 4S8 : b; 1071, a 
*Dorycnium, 378, b. 
Dos (Greek), 378, a. 
" (Roman), 379, b. 
" Adventicia, 379, b. 
" Profecticia, 379, b. 
11 Recepticia, 379, b. 
Dossuarius, 378, a. 
AwTivri, 379, a. 
AouXog, 880, b. 
Dowry (Greek), 379, b. 
Dowry (Roman), 379, b 
Drachma, 380, b 
ApaxMi 380, b. 
Draco, 896, b 
-Draco, 381, b. 
Draconarius, 896, b. 
*Dracontium, 382, a. 
Draughts, Game of, 569, o, 
Apt-ndvr], 428, b. 

1111 



GENERAL INDEX. 



*ihepanis, 382, a. 
Ctpcnavov, 428, b. 
Cpoirai, 456, b. 
*Promedarius, 382, a. 
IpopidpKpiov I'lixap, 51 a. 
tpojioi, 909, b. 
Drum, 1033, a. 
'Dryinus, 382, b. 
*Dryocalaptes, 382, t. 
*Dryopteris, 382, b. 
*Drypis, 382, b. 
* Drys, 382, b. 
Ducenarii, 382, b. 
I luceutesima, 382, b 
Duella, 1062, a. 
Duilia Lex, 582, b. 
Duilia Mtenia Lex, 582, b. 
Dulciarii, 780, a. 
Avixavdrai, 1002,. b. 
Avixav£i,l002, b. 
Auvrtcrrf/a, 316, a. 
Duodecim Scripta, 570, a. 
Duplicarii, 382, b. 
Duplicatio, 19, b. 
Dupondium, 762, b. 
Dupondius, 111, a. 
Dussis, 111, a. 
Duumviri, 383, a. 
Duumviri Juri Dicundo, 282, b. 
Duumviri Nava'es - , 383, a. 
Duumviri Perduellionis, 754, b. 
Duumviri Sacrorum, 340, a. 
Dux, 817, a. 



Earring, 533, a. 
Earthenware, 439, b. 
*Ebenus. 383, a. 
'EKK\r)<x(a, 383, b ; 474, a. , 
'EKKXtjataaTiKos iiiudds, 385, a. 
'E/c/cA^ataoriKOf Tilva^, 348, a. 
'EkkXtjtos U.6Xig, 933, b, n. 
"EkkXtjtol, 387, b. 
'EKKOjiilfi, 456, a. 
'EkkvuXtjiux, 426, b. 
"EkSovis, 545, b. 
'H^sia, 968, a. 
> "Echeneis, 383, a. 
'ExfVAw, 79, a. 
'Exnof, 359, a. 
*Echium, 383, b. 
*Erhinus, 383. h 
'Echis, 383, b. 

EK£%£tp('a, 681, a. 
"EicyovoL, 495, a. 
Eclectici, 387, b. 
'EkXoyuSi 392, b. 
'EKnayetov, 344, a. 
''EK/jtapTvpla, 388, a. 
'E/cf^opa, 456, a. 

'EKfvWoQopia, 135, b. 
'F.KTroieiv, 22, a. 

'Eicnoieladai, 22, a. 

Eculeus, 418, b. 

Edere Actionem, 18, 'u. 

Edictum, 388, a. 

iEdilicium, 388, b; 
389, b. 
" Novum, 388, b. 
" Perpetuum, 388, b ; 
389, b. 

Provinciale, 389, b. 
" Repentinum, 388, b. 
" Theodorici, 390, a. 
" Tralatitium, 388, t». 
" Vetus, 388, b. 
* " Urbanum, 388, b. 

Editor, 475, b. 

"Estiva, 378, b. 

EIkoves, 917, a. 

EiicooTfi, 390, a ; 956, b. 

EiKoarQXoyog, 390, a. 

E'iprjv, 390, a. 

Eipeai(x)VTj, 82 i, a. 

Eladysiv, 390, b. 

Eiaaywyf.7i, 390, b. 

EiaayyeXia, 390, b. 

EioiTfipia, 391, b. 

Eiacj)ip£iv, 392, a. 

Eiffipopd, 392, a. 

EAanoieicrOai, 22, a. 

Elanoitjais, 22, a. 

ElairoirjTos, 22, a. 

'HXaKaTTj, 464, b. 

Elaeothesium, 148, b ; 482 a. 

*Elaia, 392, a. 

'Elaiagnus, 393, a. 

'Elaiomeli, 393, a. 

'EXaipr/SoXia, 393, b. 

'EXa<prj6oXnt)v, 190, a. 
1112 



*Elaphobcscus, 393, b. 
*Elaphus, 393, b. 
*Elate, 393, b. 
*Elatine, 393, b. 
*Electrum, 393, b. 
Electrum, 177, a. 
*Eledone, 394, a. 
*Eleiochrysus, 394, a, 
*Eleios, 394, a. 
*Eleioselinon, 394, a. 
*Elelisphacos, 394, a. 
*Elephas, 394, a. 
Eleven, The, 394, b. 
Eleusinia, 395, a. 
'EXevaivia, 395, a 
'EXevdtpia, 397, a. 
'EXXi/jleviov, 397, a. 
'EXXtpLF.vioTai, 397, a. 
'EXX66iov, 533, b. 
'EXXwria, 397, b. 
'EAXvxviov, 397, b. 
Ellychnium, 397, b 
*Elmins, 397, b. 
*Elops, 398, a. 
y HXog, 263, a. 
"EXvua, 79, b. 
Emancipatio, 398, a. 
Emansor, 350, a. 
^H/iap, 361, b. 
'Erfdpia, 397, b. 
'E/u&if, 398, b. 
'EfxSareia, 398, b. 
Emblema, 399, b. 
"Eix6Xr,txa, 399, b. 
Embolia, 16, a. 
"ErfoXov, 892, a. 
"En6oXog, 892, a. 
Emeriti, 399, b. 
Emeritum, 399, b. 
Emissarium, 399, b. 
"Efxyir]voL AiKai, 400, b. 
"E/xTtaiaiJia, 399, b. 
'EniTEipiKOi, 401, a. 
*Empetrum, 400, b. 
" Efxfpovpoi, 400, b. 
'Efupvrevais, 400, b. 
Emphyteusis, 400, b. 
Emphyteuta, 400, b. 
Emphyteuticarius Ager, 401, a. 
Empirici, 401, a. 
'EfiTropiKai At'/cat, 400, a. 
'Efxxopiov, 403, a. 
'E/xnoptov aanKov, 403, a. 
'E/xiroptov \evlkov, 403, a. 
Emporium, 403, a. 
"E(xTropos, 403, a. 
Emti et Venditi Actio, 403, a. 
Emtio Bonorum, 165, b. 
Emtio et Venditio, 403, a. 
'EvaytaiiaTa, 458, b. 
"Evara, 458, b. 
Encaustica, 703, b ; 704, b. 
^EyxEipiSiov, 824, a. 
"Ey X os, 488, b. 
'EyKEKTTllAEVOS, 403, b. 
"EyKXruxa, 358, a. 
"Ey K r W a, 403, b. 
"EyKTrjatg, 403, b. 
'EyiCTrjTiKov, 403, b. 
"Ev6et\is, 403, b. 
Endromis, 404, a. 
"EvSuixa, 48, a ; 1022, b. 
'Evixvpa, 404, a. 
^vEiziaKiqyiiia, 731, a ; 935, a. 
'Evetv, 438, b. 
'Eyyvr], 404, a. 
'Eyyvrjais, 619, b. 
'Eyyvrjs Slur}, 404, b 
'EyyvOijKr}, 533, b. 
*Enhydrus, 404, b. 
, EvLavr6i, 190. 
"Evvara, 458, a. 
^Evotiiov, 836, b. 
'Evoiklov 5//c»7, 404, b. 
'Evwporia, 98, a ; 100, a. 
"Evonrpov, 905, a. 
'EvwTiov, 533, a. 
Ensigns, military, 896, a. 
Ensis, 478, a. 
Entasis, 405, a. 
"Evr£«, 93, b. 
*Entoma, 405, b. 
'Ewp^jua, 969, b. 
'Hcis, 361, b. 
'EirayysXia, 405, b. 
'EmiAfcis, 1034, b. 
'EndpiTOi, 405, b. 
'EiruvXia, 620, b. 
'Eitziao&iov, 426, a ; 995, a. 
'Enirciov, 169, a. 



'EitEvvaKTcu, 406, a 
'E-KElddia, 425, b. 
'E077g£('a, 406, b. 
Ephebeum, 482, a. 
"E<pr)6os, 406, a. 
'Eipiiyrjcnf, 406, b. 
*Ephemeron, 406, b 
'Edfoca, 406, b. 
v E0£ fft? , 72, b. 
'EipEoTois, 407, a. 
'Etyfrdi, 407, a. 
'EfETivSa, 777, a. 
'EcpUnEiov, 407, b. 
'E^TTTKOV, 407 L b. 

Ephippium, 407, b. 
Ephori, 408, a. 
"Efopoi, 408, a. 
'E0y^, 953, b. 
"E0up<H, 395, b. 
Ep'ibatae, 410, a. 
'EmSdrai, 410, a. 
1 EiuSdQpa, 176, a. 
"E7r<6oa, 67, a. 
'ETriBXijjxa, 48, a. 
'Eff(goA^, 410, b. 
'EnixEipoTOvia, 239, a ; 3S6, b. 
'EniicXripos, 410, b. 
'En7/cAtvrpoi>, 572, a. 
'Etr'iKovpoL, 1071, a. 
'E7rt<5«tipta, 396, a. 
'ErriJe/carov, 341, b. 
Epidemiurgi, 347, a. 
'EmSiKaoia, 411, a. 
'Em86o£is, 411, b. 
'Emyania, 259, a ; 513, a. 
'E7rtypo0£?f, 392, b. 
'E7T-£A£*:ro£, 427, b. 
'EiriXovrpov, 598, b. 
'EinnsXriTai, 411, b. 

r?/s /coiv^s npoad- 

Sov, 411, b; 950, b. 

" rou'E/in-opt'ou^llj 

b. 

" rai' ,'<opttJi/ 'EAai 

wi/, 411, b. 

" TUP Mi'CTT^ptU'J', 

411, b; 421, b. 

" rwi 1 vsioptujv, 412, 

a. 

" twj/ ^uAflj;, 4.^2 .a. 

'''Epimelis, 412, a. 
'ETrt^uAtov, 639, b. 
*Epiolus. 412, a. 
*Epipactis, 412, a. 
'ETTinopTzis, 438, b. 
'EniTrpoiKoi, 494, a. 
Epirhedium, 838, a. 
'EnioKrjil/is U/£u<5o//tjpju/.ul'v, 

627, b. 
'EirloKoiroi, 412, a. 
'EiTiaicvpos, 777, a. 
'Eniarjua, 539, b. 
'EiriorjpLov, 539, b. 
'E7rt'(Twrpov, 331, b. 
'E7nc77ruoT?;p, 526, b. 
'E7rtorar^f, 412, a. 
'E7T£(rraV/;j rwv Stj^a'o' *, 

ywv, 412, b. 
'E7riorar?7S raiv ii(5arav, < - > , v > 
Epistola, 304, b ; 693, b. 
'E7rtoToA£i)f, 412, b. 
Epistomium, 400, a. 
Epistylium, 412, b. 
Epir.ynthetici, 412, b. 
Epitaphium, 460, b. 
Epithalamium, 620, a ; 625, b. 
'ETtiOwxa, 457, b. 
*Epithymon, 413, a. 
^EinTifila, 121, a. 
'Emnnos, 259, b ; 537, a. 
'Ett'ltovqi, 572, a ; 894, a. 
'E7rirp(?7papx,wan>j 6ik>j, 1011, 

a, b. 
'EirirooKTis ypa<pf), 413, a. 
'EiziTponos, 413, a. 
'EttuScAio, 413, b. 
'ETTw/ii's, 1023, b. 
'EnofjupdXwv, 268, b. 
'E7rwWa, 956, b. 
'E7r(jvujuof, 413, b. 
'E7rwi/u/./o? rail/ r/XiKtuJv, 413, b. 
'E7rwyu/*oj rwi/ (frvXiov, 414, a. 
'E7rd7rrat, 395, b. 
'E7ro7rra'a, 396, a. 
'ETrwrMes, 892, a. 
Epulones, 414, a. 
Epulum Jovis, 414, a ; 571, b. 
Equestris Ordo, 417, a. 
Equina, 414, b. 
Equites, 414, b. 



Equitum Transvectio, 410, b 
418, a. 

Equitum Centurias Rccoguo* 
cere, 416, a. 

Equuleus, 418, b. 

*Equus, 418, b. 

Equus October, 717, b 

Equus Publicus, 418, % 

'Epavdpxns, 419, a. 

'Epavtarat, 419, a 

"Epavoi, 419, a. 

*Erebinthus, 419, b 

*Eretria Terra, 419, ': 

'Epyao-t'a: TErpdytain., 501, tu 

'Epyacrivai, 723, b ; 953, » 

Ergastulum, 419, b 

*Enca, 419, b. 

Ericius, 420, a. 

*Erinus, 420, a. 

^Epiocpopov SevSqov, 420, ? 

*Erodius, 420, a 

Erogatio, 219, b. 

'Epwrta, 420, a. 

'Epwrtfta, 420, a. 

'Epprjcpopia, 107, b 

*Eruca, 420, a. 

'Epuxrr^pEj, 420, b. 

*Ervum, 420, a. 

A Eryngium, 420, a. 

*Erythrodonum, 420, a_ 

■*Erythropus, 420, b. 

*Erythronium, 420, b. 

'Eaxdpa, 77, a ; 447, b 

'Eaxapis, 77, a. 

"Eo-07rrpoi>, 905, b 

Esseda, 420, b. 

Essedarii, 420, b. 

Essedum, 420, b. 

"EOsipa, 291, a. 

'E0£Ao7rpd^£vof, 512, r» 

'H0//ds, 287, b. 

Eiia, 697, a. 

Eiaor/yj, 697, a. 

EvspyEoia, 259, a. 

Everriator, 462, a 

Evictio, 423, b. 

Evil Eye, 431, b. 

*Eulai, 421, u. 

EvixoXirlSai, 421, b 

Evvai, 58, b. 

Ehvf), 572, a. 

Evocati, 423, b. 

*Eupatorium, 421, ^. 

EvnaTpiSat, 422, a. 

EixprjuE^TE, 369, b 

Ev(pr)nia, 369, b. 

Euripus, 53, a ; 255, a 

EvarvXos, 290, b. 

Evdvdiicia, 359, a. 

EWvvrj, 422, a. 

Evdvvoi, 42J^, a. 

Eihjavos, 1024, b. 

'E^aywyi7? SUrj, 421, a 

'E^atp£o-£a)s SiKrj, 424, a 

Exaucwratio, 638, b. 

Exauguratio, 424, b. 

Exceptio, 19, a ; 805, b. 
" Dilatoria, 19, » 
" C'jgnitoria, 19, a 
" Litis Dividu<e, 19, ., 
" Peremptoria, 19, a. 
" Rei Residuie, 19, i 

Excubiae, 222, b. 

Excubitores, 424, b. 

Executioner, 217, a. 

Exedrae,152,b; 514, b; 517, i 

'Elrrytirat, 424, b. 

'E^£yyuaff0at, 404, b. 

Exercitor Navis, 425, a. 

Exercitoria Actio, 425, a. 

'E^£raar«(', 423, b; 425, a 

Exheres, 499, b. 

Exhibendum, Actio Ad, 425 * 

'Efcrijpia, 425, b. 

Exodia, 425, b. 

"Efytios, 995, a. 

'E^w/j/y, 426, a. 

'E£a>//0(7t'a, 426, b. 

Exostra, 426. b. 

'E^ffrpo, 426,1) 

'EfyvXris tiiKrj, 427, ?» 

Expeditus, 427, b. 

Exploratores, 905, a 

Exsequia?, 459, a. 

Exsilium, 136, a. 

Exsul, 136, a. 

Extispices, 488, a. 

Extispicium, 488, a. 

Extrauci Heredes, 497, b. 

Extraordinarii, 427, b. 



GENERAL INDEX. 



Exverrse, 162, a. 
Ex u vise. 906, b. 



■Faba, 427, b. 

Fabia Lex, 780, b 

Fabri, 428, a. 

Fabula Palliata, 300, b. 

Fabula Praetextata, 300, b. 

Fabula Togata, 300, b. 

Factiones Aurigarum,256, a 

"Fagus, 428, a. 

Fal*, 254, a. 

Falarica, 489, b. 

Falcidia Lex, 574, b. 

Falsarii, 428, b. 

Falsum, 428, a. 

Falx, 426, b. 

Familia, 429, b ; 8S7, a. 

Familiae Emptor, 429, b ; 430, a. 

Familiae Erciscundae Actio, 430, 

I). 
Familiaris, 430, a. 
Famosi Libelli, 539, b ; 587, a ; 

609, b. 
Famulus, 429, b. 
Fan, 444, b. 
Fatmia Lex, 934, a. 
Fanum, 957, b. 
*Far, 430, b. 
Farreum, 623, b. 
Fartor, 430, b. 
F;;s, 432, a ; 560, a. 
*Fascelus, 432, a. 
Fasces, 431, a. 
Fascia, 431, b. 
Fascinum, 431, b. 
Fasciola, 431, b. 
Fasti, 432, a. 

" Annales, 433, b. 

" Calendares, 432, a. 

" Capitolini, 433, b. 

" Consulares,433,b ; 1076. 

" Dies, 362, a ; 432, a. 

" Historici, 433, b. 

" Sacri, 432, a. 
Fastiginm, 433, a. 
Fauces, 517, b. 
Favete Linguis, 369, b. 
Fax, 434, a. 
Februare, 603, b 
Februanus, 191, a ; 603, b. 
Feciales, 437, b. 
*Felis, 434, b. 
*Fel Terrae, 434, b. 
Felting, 778, a. 
Feminae, 1030, b. 
Feminalia, 435, a. 
Fenestra, 520, b. 
Fenus, 546, b. 
Feralia, 462, b. 
Ferculum, 435, a. 
Ferentarii, 104, a. 
Feretrum, 459, b ; 570, a. 
Ferue, 435, a. 

" jEstivse, 437, a. 

" ConceptivEe, 435, b. 

" Denicales,435, a; 462, a. 

" Imperative, 435, b. 

•' Latinae, 436, b. 

" Prascidaneje, 437, a 

" Private, 435, a. 

" Publico, 435, a. 

" Sementivse, 436, b. 

" Stativee, 435, b. 

M Stulturum, 450, a. 

" Vindemiales, 437, a. 
Ferre Legem, 580, a. 
*Ferula, 437, a. 
'Ferulago, 437, a. 
Fescenni'ia, 437, a- 
Festi Dies, 352, b. 
Festuca, 615, b. 
Fetiales, 437. b. 
Fibula, 438, b. 
Fictile, 439, a. 
Fictio, 441, a. 
*Ficus, 441, a. 
Fideicommissarins, 441, b. 
I ideicommissarii Praetores,442, 

b- 
Fideicommissum, 441, b. 
Fidejussor, 541, b. 
Fidepromissor, 541, h 
Fides, 605, b ; 606, b 
Fidiculae, 443, a. 
Fiducia, 443, a. 
Fiduciaria Actio, 443, i. 
Pidnciariug, 441, b. 
Figlinae, 443, a. 

7B 



Figulina Ars, 439, a. 

Figulus, 439, a. 

Filia, 277, b. 

Filiafamilias, 430, a. 

Filius, 277, b. 

Filiusfamilias, 430, a ; 741, b. 

Filamen, 446, a. 

*Filix, 443, a. 

Filum, 446, a. 

Fimbria, 443, b. 

Finis, 680, a. 

Finium Regundorum Actio, 

444, a. 
Fiscales, 476, b. 
Fiscalis Praetor, 444, b. 
Fiscus, 444, a. 
Fistucatio, 1042, b. 
Fistula, 219, b ; 940, b. 
Flabelliferae, 444, b. 
Flabellum, 444, b. 
Flagrio, 445, b. 
Flagruin, 445, a. 
Flamen, 445, b. 

" Augustalis, 128, a. 

" "Dialis, 445, b. 

" Maitialis, 445, b. 

" Quirinalis, 445, b. 
Fiaminia Lex, 582, b. 
Flaminica, 446, b. 
Flannneum, 625, a. 
Flavia Agraria Lex, 582, b. 
Flexumines, 415, b. 
Floors of Houses, 519, b. 
Floralia, 447, a. 
Flumen, 878, b. 
Fluminis Recipiendi or Immit- 

tendi Servitus, 878, b. 
Focale, 447, b. 
Foculus, 447, b. 
Focus, 447, b. 
Focderatse Civitates, 448, a. 
Foederati, 448, a. 
Fredus, 448, a ; 904, a. 
*Fcenum Graecum, 448, b. 
Fcenus, 546, b. 
Folliculus, 448, b. 
Follis, 448, b ; 870, a. 
Foot (measure of length), 761, 

b. 
Forceps, 449, a. 
Fores, 525, b. 
Forfex. 449, a ; 327, b. 
Fori, 252, b ; 893, a. 
Forma, 449, b. 
Formella, 449, b. 
Rjrmula, 18, b ; 19, b. 
Fornacalia, 450, a. 
Fornacula, 450, a. 
Fornax, 450, a. 
Fornix, 450, b. 
Forty, The, 450, b. 
Forum, 451, a; 813, b. 
Fossa, 31, b. 
*Fragum, 452, a. 
Framea, 489, b. 
Frater, 277, b. 
Fratres Arvales, 109, a. 
Fraus, 787, b. 
*Fraxinus, 452, a. 
Frenum, 452, a. 
Fresco, 703, b. 
Frigidarium, 147 ; 148, a 
Fringe, 443. b. 
Fritillus, 452, b. 
Frontale, 54, b. 
Fructuaria Res, 1068, b. 
Fiuctuarius, 1068, b. 
Fructus, 1068, b. 
Frumentariae Leges, 582, b. 
Frumentarii, 452, o. 
Fucus, 1063, a. 
Fuga Lata, 136, a. 
Fuga Libera, 136, a. 
Fugalia, 833, b. 
Fugitivarii, 884, b. 
Fugitivus, 884, b. 
Fulcra, 573, a. 
Fuller, 453, a. 
Fullo, 453, a. 
Fullonica, 454, a. 
Fullonicum, 454, a. 
Fullonium, 454, a. 
Fumi Immittendi Servitus, 878, 

b. 
Funale, 454, a. 
Funalis Equus, 332, b 
Funambulus, 454, a. 
Funda, 454, b. 
Fandani, 4l8. b. 
Fundi jre« 454. h 



Fundus, 448, a ; 455, a. 
Funerals. 455, b. 
Funes, 894, a. 
*Fungus, 455, b. 
F unus, 455, b. 

" Ind ; r.tivum, 459, a. 

" Plebeium, 459, a. 

" Pubbcum, 459, a. 

" Taciturn, 459, a. 

" Translatitium, 459, a. 
Furca, 463, a. 
Furcifer, 463, a. 
Fumaria, 1055, a. 
Furia or Fusia Caninia Lex, 

583, a ; 616, b. 
Furiosus, 328, b ; 329, a. 
Furnace, 450, a. 
Furnus, 450, a. 
Furor, 329, a. 
Furti Actio, 463, b. 
Furtum, 463, a. 

" Conceptum, 463, b. 

" Manilestum, 463, b. 

" Nee Manifestum, 463, 
b. 

M Oblatum, 463, b. 
Fuscina, 464, a. 
Fustuarium, 464, b. 
Fusus, 464, b. 

g. r. 

Gabinia Lex, 943, a. 
Gabinus Cinctus, 987, a. 
Gifisum, 465, b ; 489, b. 
*Gagates Lapis, 465, b 
Taiads, 465, b. 
Gams, 541, a. 
*Galactites Lapis, 465. b. 
*Gale, 465, b. 
Galea, 406, a. 
*FaXcbs 'Aar^piag, 466, b. 
*raXebs kvu)v, 466, b. 
TaXebs Xuos, 466, b. 
*Ta\cbs 'Pddios, 466, b. 
Galerus, 293, a. 
*Galiopsis, 466, b. 
*Galium, 466, b. 
Galli, 466, b. 
*Gallus. 467. a. 
r<fXa>j, 3l, a. 
Tapr/Xia, 468, a. 
rafir}\iu)v, 190, a. 
Gambler, Gaining, 42, b. 
Funopoi, 471, b. 
Yaw, 618, a. 
Ydyyaixov, 837, a. 
Ganea, 226, b. 
Garden, 510, b. 
Gates of Cities, 793, a. 
Gausapa, 468, a. 
Gausape, 468, a. 
Gausapum, 468, a. 
TeXeovres, 1003, a. 
TeXioTOTzoioi, 733, a. 
Tivtiov, 138, a. 
Gener, 31, a. 
Teviaia, 458, b. 
*Genista, 467, a. 
TevvrjTai, 25», b ; 1003, b. 
Tevoi, 259, a; 259, b; 1003, b. 
Gens, 468, b. 
*Gentiana, 471, b. 
Gentiles, 468, b. 
Gentilitas, 469, a. 
Gentilitia Sacra, 469, b. 
Gentilitium Jus, 469 a. 
Tewndpot, 471, b. 
Yicpvpa, 173, a. 
Vt(pvptZ,eiv, 396, a. 
Yetyvpionos, 396, a. 
Yepaioai, 365, a. 
*Geranium, 471, b. 
*Geranos, 472, a. 
ripavos, 524, a. 
FepavovXicAs, 524, a. 
Fepapai, 365, a. 
Germani, 277, b. 
Tcpcjvta, 473, b. 
Ttpovaia, 472, b. 
rtppa, 385, a. 
Gestatio, 511, b. 
*Geteium, 475, a. 
*Gechyllis, 475, a. 
*Geum, 475, a. 
*Gingidium, 475, a. 
Gingrus, 981, a. 
*Gi.inus, 475, a. 
Girdle, 134, a; 1073, a. 
*Gith, 475, b. 
Gladiatorium. 475, b. 



Gladiatores, 475, ft 

Gladiators, 475 ; b. 

♦Gladiolus, 478, a. 

Gladius, 478, a. 

Glandes, 455, a. 

*Glans, 478, a. 

Glass, 1058. a. 

*Glastum, 478, b. 

*Glaucium, 478, b. 

*Glaucus, 478, b. 

*Glaux, 478, b. 

Gleba, 870, a. 

*Glechon, 478, b. 

TXcvkos, 1051, a. 

*Glis, 479, a. 

Glos, 31, a. 

rXuJws, 981, b. 

*Glottis, 479, a. 

*Glycyrrhiza, 479, &. 

*Glycymeris, 479, a. 

*Glycyside, 479, a. 

rXv<pn, 860, a. 

TX6ln, 1051, b. 

*Gnaphalium, 479, a 

*Gnaphalus, 479, a 

TvaQevs, 453, a. 

Yvficios, 22, a. 

Yv&ixuiv, 508, b ; 664 . 

*Gobius, 479, a. 

Gold, 128, a. 

Gomphi, 1043, a. 

Tofxipos, 263, a. 

Topyvpa, 213, a. 

Fwpurdf, 315, a. 

*Gossipion, 479, a. 

Gradus, 53, a; 763, 

Gradus Cognationis U77, b. 

Grbecostasis, 912, a. 

TpannaTuov Xrj\iaf\iK6v, 34€ 

b ; 348, a. 
TpdnnaTevs, 479, a. 
Grammatophylacium, 945, a. 
rpanfirj, 593, a ; 909, b. 
Granary, 510, b. 
Tpa<Pr/, 479, b. 
rpa0»j dyajiiov, 618, a. 

" aypatpiov, 33 b. 

" aypa&ov utrdXXov, 33 1: 

" ddiKias -obi tov cfu v 

21, b. 

" dXoyiov, 45, a. 

" duSXdbaews, 46, b. 

" dvav/jiaxLw, 57, a. 

" avSpazuOKT/xov, 58, b. 

" dyarrjaewi tov Sijuev 

21, b >; 66, b. j 

u-pooraaiov, 74, a. 
dpyias, 91, b. 
dpTrayfis, 487, b. 
dceCsias, 113, a. 

" dcTpaTtlas, 117, a. 

" aiiTOnoXlas, 131, a 

" (3ovXev<j£0)s, 171, a. 

" SeiXias, 342, a. 

" Sekcmtixov, 339, b. 

" SwpoSoKtas, 339, b. 

" 6iiipo\cviai, 1071, a. 

" Swpwv, 339, b. 

" e'tpynou, 490, b. 

" im-po-iis, 430, a 

" fTaipt]<i£u)s, 503, a. 

" upoavXiag, 504, a. 

" KaKoyafiiov, 618, a. 

" Kaicuxjtios, 184, b. 

" KaraXvaews tou Srjuov 
223, b. 

" KaTaoKOTzijs, 224, b. 

" KXoirrjs, 278, a. 

" XuTzovavriov, 577, o 

" XenzocrpaTiov, 577, a. 

" Xeitiora^iov, 117, a. 

" /i(CT0Wff£Wf o'ikov, 638, b. 

" noixzias, 24, a. 

" toixic/jLaros ciatpOoods; 
662, a. 

" leviag, 1070, b. 

" brpiyaniov, 618, a. 

" Ttapavoiai, 731, a. 

" irapavoiiuyv, 731, b. 

" Ti apa-peafjcias, 732, a. 

" -apeujypaipris, 734, : 

" irpoaywytias, 808, a. 

" Kpocooias, 811, a. 

" iir,ropiKft, 838, a. 

" avKo(pavrlag, 931, a 

'■ TpuV/JLUTOi tK Tpo^(lf<* 

99 r . a. 

" TvpavviSos, 811, a. 
" v6'o£Wf, 522, a. 
" vto6oX?is, 523, b 
1113 



i. 
ii 
<( 
<i 



GENERAL INDEX. 



Few^ Papudicwr, 766, b 

" (pdoodg r&v tXevQipav 
771, b. 

" <}>6vov, 769, a, b. 

" ipev8eyypa<prjg, 819, b. 

" ipevSoKXrjrsiug, 820, a. 
rpatyrj, ypa(pLKfj, 699, b. 
Graph ianuni, 924, b. 
rpcvpis, 702, b. 
Graphium, 924, b 
Greaves, 676, b. 
Gregorianus Codex, 272, b. 
Gremium, 1042, b. 
Vpicpog, 837, a ; 940, a. 
i'po(7(pondxoi, 489, b. 
Tpdacpos, 489, b. 
Gubernaculum, 480, b. 
Gubernator, 480, b. 
Tvrjg, 79, a. 
TvixvaaidpxvS) 483, a. 
Yvuvaviapx ?-! 483, a. 
rvjuvaffioi', 481, a. 
Tviivaaral, 483, b. 
TvfxvrjaioL, 485, b. 
ruMi^at, 94, a. 
rVv>?r£?, 94, a ; 485, b. 
Tv/xvoi, 94, a. 
runvo7rai8la, 485, a. 
ru/jvfc, 667, a. 
ruvatKO/cdo-^oi, 486, a. 
r>jvai/cumr£j, 514, a. 
Twai/covo/toi, 486, a. 
Gustatio, 275, a ; 1054, b 
Guttus, 151, a. 
Gymnasium, 481, a. 
Gypsum, 41, b. 

II. Aspirate. 

Habenae, 486, a. 

Ilabitatio, 878, a. 

*Hasdus, 486, b. 

*Ha2machates, 486, b. 

*Haemadoron, 486, b. 

*Haematites, 486, b. 

Ilseres, 493, b. 

Hair, 291, a. 

A/W, 850, a. 

*Halcyon, 486, b. 

*Haliaeetus, 486, b. 

'AXta, 33, a. 

"Halicaeabum, 486, b. 

*Halimus, 486, b. 

'AXiv6r)tjtg, 717, i. 

\A\uJa, 45, i. 

"AA/ia, 751, b. 

'AXom'iYiov, 850, a. 

Halteres, 487, a. 

llama, 154, a. 

"Kim\a, 487, a; 781, a. 

'A/jLaloirodes, r 6l, a. 

Hammers, 610, a. 

"Ap/ia, 331, a; 487, a. 

' Apixd^a\a, 487, a. 

Harmamaxa, 487, a. 

'AppLoyri, 709, a, b. 

'ApixoviKrj, 644, a. 

Harmostae, 487, b. 

Ha'rp, 852, b. 

'Ap-ayrji 487, b. 

'Apirayrjg ypatyr), 487, b. 

Harpago, 487, b. 

'Ap-aarov, 488, a. 

Harpastum, 488, a. 

"Apnv, 428, b. 

Haruspices, 488, a. 

HaruspicinaArs,369,b , 488, a. 

Haruspicium, 369, b. 

Hasta, 488, b. 

Hastarium, 490, a. 

Hastati, 103, b; 613, b. 

'EKaTon6aiu)v, 190, a. 

'EKaTO[i6aia, 493, a. 

'E/card/^, 493, a ; 845, b. 

'PiKUTOUTf], 752, b- 

f V'KTrjixdpioi, 751, a. 

Hectici, 490, a. 

*Hedera, 490, a. 

"EoYa, 378, b. 

f E<5wAta, 893, a. 

Edog, 958, b. 
*Hedyosmus, 490, b. 
*Hedysarum, 490, b. 
'Hyc^ovcg cvnnopi&v, 392, b. 
'Wysnovia &iKaarr)piov, 390, b. 
'Ryiiropia, 786, b. 
LtAaTtf, 492, a. 
Heir (G»3ek), 493, b. 
Heir (Roman), 497, a. 

\?Apyiiou ypa$n> 490, b. 

*H.eleuiuin, 490, b. 
1114 



Helepolis, 491, a. 
Helisaa, 357, a. 
Heliocaminus, 521, a. 
'HXiorpdntov, 508, b. 
*Heliotropium, 491, a. 
Hellanodicae, 491, a ; 682, b ; 

683, a. 
'EXXavoSiicai, 491, a; 682, b; 

683, a. 
'EXXavoSiicaiwv, 683, a. 
*Helleborus, 491, a. 
*Helleborene, 491, b. 
Hellenotamiae, 491, b. 
'EXXrjvoraiuai, 491, b. 
'EAAwna, 397, b. 
Helmet, 466, a. 
*Helmins, 491, b. 
Helotes, 492, a. 
*Helxine, 492, b. 
*Hemavis, 492, b. 
*Hemerocales, 492, b 
*Hemerocalis, 492, b. 
'Hfxipa, 361, b. ( 
'HliepoSavEtcTai, 545, a. 
'H/xidnrXoiSiov, 1023, a. 
Hemina, 304, a ; 318, b ; 889, b. 
Heminarium, 304, a. 
Hemlock, 394, b. 
"Evdsica, ol, 394, b. 
"Evrj Kai via, 190, b. 
'Hvto, 486, a. 
'Hvioxog, 333, a. 
*Hepatis, 493, a. 
*Hepatus, 493, a. 
Hephaisteia, 565, b. 
"EiPmxa, 1051, b. 
Heraclean Tablet, 556, a. 
*'H.paic\e(a XiOog, 493, a. 
Henea, 493, a. 
'Hpala, 493, a. 
Herald, 181, a. 
Hereditas, 497, b. 
Heres (Greek), 493, b. 
Heres (Roman), 497, a. 
Hermae, 500, b ; 912, b. 
Hermaea, 501, a. 
'Epucu, 500, b. 
"Epnaia, 501, a. 
Hermathena, 501, a. 
Hermeraclae, 501, a. 
*Hermodactylus, 501, b. 
Hermogenianus Codex, 272, b. 
Hermulifi, 500, b. 
'Hpwov, 457, b. 
*Herpyllus, 501, b. 
*Hesperis, 501, b. 
'Earia, 447, b. 
'Eoriaoig, 501, b. 
'Eormrcop, 501, b. 
'Eracpai, 502, a. 
'Eraipyjaeug ypa<pfj, 503, a. 
'Eraipia, 278, a. 
Evptrpa, 587, b. 
Hexaphoron, 571, a. 
<E\dorvXog, 290, a. 
Hexeres, 891, b. 
"I8pvaig, 958, a. 
'leodiciov, 63, a. 
*Hierakion, 503, b. 
*Hierax, 503, b. 
'Ispziov, 845, a, b. 
*Hierobotane, 503, b. 
'lepdSovXoi, 503, a. 
'Ispoypaix/xareig, 49, b. 
'teponavTeia, 369, b. 
'[spo/xrjvia, 681, a. 
Hieromnemones, 49, b ; 503, b. 
f Iepov, 958, a. 

Hieronica Lex, 583, a ; 813, b. 
Hieronicse, 120, a. 
'ItpofdvTrjg, 395, b. 
'lepo-noioi, 504, a. 
'lepoaKonta, 369, b. 
'lepoavXlag ypa<pr/, 504, a. 
Hilaria, 504, a. 
'IXaporpayuodia, 994, b. 
'Ipi<ivT£ff,23'4, b; < 894, a. 
'Ijxdvrtg TrvKTiKoi, 234, b. 
*Himantopous, 504, b. 
'ljxaTi8iov, 717, b. 
'lixdnov, 717, b. 
Hinge, 215, a. 
*llipparchus, 504, b. 
'l-KTiapixocTfig, 98, b. 
*Hippelaphus, 504, b. 
*Hippocampus, 504, b. 
Hippodromos, 511, b ; 909, a. 
*Hippolapathum, 504, b. 
*Hippomanes, 504, b. 
*Hippomarathum, 504, b. 



Hippoperae, 505, a. 
*Hippophaes, 505, a. 
*Hippopho3stum, 505, a. 
*Hippopotamus, 505, a. 
*Hippos, 505, a. 
*Hipposelinon, 505, a. 
*Hippouris, 505, a. 
*Hippurus, 505, a. 
Hirpex, 549, b. 
*Hirudo, 505, a. 
*Hirundo, 505, a. 
Hister, 506, a. 
'lariov, 893, b. 
'larwv, 953, a. 
'lards, 610, a; 953, a. 
Histrio, 505, a. 
'OSoiToioi, 1043, b. 
'OX/caJfs, 891, a. 
"OXpog, 1015, a. 
Holyday, 435, a. 
'OXoKavrelv, 845, b. 
Holoserica, 876, a. 
'OXoofvpfjXara spya, 610, b. 
Holosphyraton, 178, a. 
'OfioydXaKTeg, 259, b ; 1003, b. 
"O/jioioi, 260, b. 
'O/xoXoyia, 933, a ; 937, a. 
Honoraria Actio, 17, b. 
Honorarii Ludi, 601, a. 
Honorarium, 24, b ; 251, a. 
Honorarium Jus, 17, b ; 388, a. 
Honores, 507, a. 
Hoop, 1020, a. 
"O-Aa, 93, b. 
"OnXrireg, 1003, a. 
•OffXirai, 94 ; 99, b. 
Hoplomachi, 4?6, b. 
Hora, 507, b. 

Hordearium jEs, 30, a ; 415, a. 
"OpKog, 668, b. 
'flpaoi/, 510, b. 
"Opixog, 641, b; 852, a. 
"Opoi, 508, a. 
Horologium, 508, a. 
Horrearii, 510, b. 
Horreum, 510, b. 
Hortensia Lex, 785, b. 
Hortus, 510, b. 
"Oaioi, 688, b. 
'Oaiwrrjp, 688, b 
Hospes, 513, a. 
Hospitality, 511, b. 
Hospitium, 511, b. 
Hostia, 845, b. 
Hostis, 412, a ; 800, a. 
Hour, 507, b. 
House (Greek), 513, b. 
House (Roman), 515, b. 
'YaKlvOia, 521, b. 
*Hyacinthus, 522, a. 
*Hvaloeides, 522, a. 
"YaXog, 1058, a. 
ts Y6ps(ag ypaft), 522, a. 
'YdpaXerrjg, 640, a. 
'Ydpavdg, 395, b. 
*Hydrargvrus, 522, a. 
'Y6pavXrig, 522, b. 
'YtipavXiKov dpydvov, 522, b. 
"YdoavXig, 522, b. 
'YSpia, 901, a. 
'Y8pta<Popia, 523, a. 
'Y<5p<J/isX£, 1054, b. 
'Y8po[i^Xov, 1054, b. 
*"YXnind n, 524, a. 
'YXupoi, 523, a. 
'rkXeis, 1002, b. 
'YXwpoi, 523, a. 
Humare, 461, a. 
"Y-xaiQpov, 958, b. 
"YitaiQpog, 290, a. 
'YTTf'pai, 890, a ; 894, a. 
'Y7T£p>7|U£poj, 404, a. 
'Yirvpscia, 523, b. 
'YnTjperrjg, 523, b. 
"Y^£pov, 642, b. 
r Y7r£pwov, 514, a ; 515, b. 
'Y-rrEv&vvog, 422, b. 
'Yfydvrai, 953, a. 
r Yir6t>Xr)iJia, 894, b. 
'YiroSoXtLvg, 968, b. 
'YnoSoXrig yoa(pfi, 523, b. 
'YnoxaXtvi8ia, 452, b. 
'YnoKpirt'/g, 505, b. 
'Yii68 W a, 188, b ; 853, b. 
'Ynoyatov, 302, b ; 457, a. 
'Yiraysiov, 302, b ; 457, a. 
'Yiroypatiig, 702, b. 
'Yvoypannartvg, 479, b. 
'YiroX-qviov, 988, b. 
'Ynonetoveg, 260, b. 



'YTTCOfiocrta, 354, b ; 3f8, fe. 
'Y-Kovofxog, 327, b. 
'YnoTidSiov, 978. h 
'Yiropxnixa, 524, a. 
'YiroGKrjviov, 969, a. 
'Yirori'nqGig, 229, b. 
'YiToZdKopog, 1072, It 
'Y-Ko^djiiara, 893, t 
'Yizriaaixog, 724, t 
Hurdle, 319, b. 
u YoTtXr)\, 909, b. 
'Yffffds, 489, a. 
'YarepoTrorixoi, 458, a 
Hyacinthia, 521, b. 
Hydranoe, 395, b. 
Hydraula, 522, b. 
Hydromelum, 1054, b. 
*Hyoscyamus, 523, a 
*Hypericum, 523, b. 
Hypocaustum, 151, a 
Hypogeum, 302, b ; 457, s. 
*flypoglosson, 524, a 
*Hypolais, 524, a. 
Hypotheca, 775, a. 
Hypothecaria Actio, 776, b 
*Hyssopus, 524, a. 
*Hystrix, 524, a. 

L, J. 

"laKxog, 396, a. 
Jaculatores, 489, b. 
Jaculum, 489, b. 
Janitor, 527, b. 
Janua, 524, b. 
Januarius, 191, a. 
*Iasione, 527, b. 
*Iaspachates, 527, b. 
*Iaspis, 527, b. 
Iatralipta, 527, b. 
Iatraliptice, 527, b ; 528, a 
'Iarpd?, 630, a. 
Iatrosophista, 528, a. 
*Iberis, 528, a. 
*Ibis, 528, a. 
"Ichneumon, 529, a. 
Iconicse Status, 917, a. 
"iKpia, 980, a. 
Idus, 193, a. 
Jentaculum, 274. a. 
"lySr,, 642, b. 
Ignobilis, 666, b 
Ignominia, 535, a , 665, a 
w Aj7, 100, b. 
Ilicet, 461, a. 
Imagines, 714, b. 
Imbrices, 952, b. 
Impendium, 546, b. 
Imperatival Feriae, 435, b 
Imperator, 531, a. 
Imperium, 530, a. 
Impluvium, 516, b. 
Imprisonment, 213, a 
Impubes, 531, a. 
In Bonis, 163, a. 
Inauguratio, 532, b. 
Inauris, 533, a. 
Incensus, 212, a. 
Inceramenta Navhim, 70S, fe 

704, b. 
Incestum, 533, b. 
Incitega, 533, b. 
Incorporales Res, 374, b 
Incubatio, 376, b. 
Incunabula, 534, a. 
Incus, 534, a. 
Index, 588, b. 
*Indicum, 524, b. 
Indigitamenta, 791, it 
Induere, 48, a. 
Indumentum, 1024, a 
Indusium, 1024, b. 
Indutus, 48, a ; 1024, a 
Infamis, 535, a. 
Infamia (Greek), 536, a 
Infamia (Roman) 534, b- 
Infans, 537, b. 
Infantia, 537, b 
Inferiae, 462, b. 
Informer, 345, a. 
Infula, 538, a. 
Ingenui, 538, b. 
Ingenuitas, 538, b. 
Ingratus, 746, a. 
*Inguinalis, 539, a. 
Inheritance (Greek), 493, b. 
Inheritance (Roman), 497 a. 
Injuria, 539. a. 
Injuriarum Actio, 837 a 1041^ 

b. 
Ink, 131 b. 



GENERAL INDEX. 



u 
u 



fun, 226, s 

'Ivwa, 539, b. 

Inofficiosum Testamentum, 

965, a. 
Inquilini, 301, a 
Inquilinus, 137, a. 
Insania, 329, a. 
Insanus, 329, a. 
Insigne, 539, b. 
Jnstita. 540 n 
Institor, 540, b. 
tnstitoria Actio, 540, b. 
Institutiones, 540. b. 
Znstitutoria Actio 512, a 
insula, 519, a. 
Intaglios, 860, a. 
Intentio, 19, b ; 20, a. 
jitcgrura. Restitutio, In, 834, b. 
.ntercalary Month, 190, a; 191, 

b ; 194, a. 
Intercapedo, 149, a. 
Iutercessio, 542, a ; 541, a. 
Intercisi Dies, 362, b. 
Intercolumnia, 60, b. 
Interdictio Aqute et Ignis, 137,a. 
Interdictum, 542, b. 

" Adipiscendce Pos- 

sessions, 543, b. 

" Possessorium,543, 

b. 

" de Precario.543, a. 

" Prohibitorium, 

542. b 

" quorum Bonorum, 

831, a 

'■'• Recuperandae Pos- 

sessionis, 543, b. 

" Restitutorium, 

542, b. 

" Retinendae P»s- 

sessionis, 513, b. 

Salvianum, 543, b. 
Sectorium, 543, b. 
Uti Possidetis,543, 
b. 

" Utrubi, 543, b. 

Interest of Money, 544, b. 
Intergerivus, 736, a. 
Internundinum, 66S, a. 
Interpres, 543, a. 
Interregnum, 548, a. 
Interrex, 548, a. 
Interula, 1024, b. 
Intestabilis, 5-J8, b. 
Iutestato, Hereditatis Ab,497,a. 
Intestatus, 497, b. 
*Intubum, 548, b 
Intusium, 1024, b. 
*Inula, 549, a. 
Iaventanum, 500, a. 
Investis, 532, a. 
*lon, 549, a. 
*Ionia, 549, a. 
>16 S , 847, a. 
*Iphyon, 549, a. 
Izv6f. 563, a. 
*Ips, 549, a. 
"inrjv, 390, a. 
Irpex, 549, b. 
*lns, 549, a. 
*Irpex, 549, b 
*Isatis, 549, b. 
Iselastici Ludi, 120, a. 
'ItjoKoXiTEia, 259, a. 
*Isopyron, 549, b. 
'IfforAaa, 259, a. 
'laorektis, 259, a. 
'ladiiia, 549, b. 
Isthmian Games, 549, b. 
Italia, 282, a ; 813, a. 
Italy, 282, a. 
Iter, 879, a; 1041, b. 
Itiueris Servitus, 878, b. 
'IduQaMoi, 363, b. 
»Irv5, 331, b. 
Juberj, 871, a. 
Judex, 550, b. 
Judex Ordinarius. 554. a 
Judex Pedaneus, 554, a. 
Judex Question is, 552, a. 
Judges (Greek), 321, b; 35^ 

a ; 407, a. 
*udges (Roman), 550, b. 
Judicati Actio, 554, a. 
T udices Edititii, 552, a. 
Judicia Duplicia, 430, a 
Judicia Extraordinaria, 551, b. 
Judicia Legitima, 530, a. 
Judicia Qua? Imperio, 530, a. 
J jdicium, 550, b. 



u 
K 



« 






it 



u 
I. 
It 



Judicium Populi, 551, b; 552, b. 
Judicium Privatum, 551, b. 
Judicium Publicum, 551, b. 
Jugerum, 554, b. 
Juguni, 554, b. 
Jugumentum, 62, b ; 524, b. 
Juliae Leges, 555, b. 
Julia Lex de Adulteriis, 23, h> 
Agraria, 555, b. 
de Ambitu, 46, b. 
de Annona, 555, b. 
de Bonis Cedendis, 
555, b. 

" Caducaria, 555, b. 
" de Caede.et Venefi- 
cio, 555, b. 

" de Civitate, 261, b ; 
448, a ; 555, b. 

de Fcenore, 555, b. 
de Fuudo Dotali, 
555, b. 

" Judiciaria, 553, a ; 

555, b. 
" de Liberis Legatic- 

nibus, 576, b. 

Majestatis, 609, a. 
Municipalis, 556, a. 
et Papia Poppoea, 

556, a. 
" Peculatus, 748, b. 
" et Plautia, 557, a. 
" de Provinciis, P15, b. 
'■ Repetundarum, 834, 

b 

de Residuis, 748, b. 
de Sacerdotiis, 557, a. 
de Sacrilegis,748, b : 
846, b. 

" Sumtuaria, 557, b ; 
934, b. 

Theatralis, 557, b. 

et Titia, 557, b. 

de Vi Publica et Pri- 

vata, 1058, a. 

" Vicesimaria, 1046, a. 
Julius, 196, b. 
*Juncus, 557, b. 
Junea or Juma Norbana Lex, 

569, a; 583, b; 589, a ; 616, b. 
Junia Lex, Repetundarum, 

834, a. 
Juniores, 296, a ; 1007, b ; 

1003, a. 
* Juniper us, 557, b. 
Junius, 191, a. 
Jura in Re, 374, b. 
.Turamentum, 670, a. 
Jure Actio, In, 559, b. 
Jure Agere, 18, b. 
Jure Cessio, In, 557, b. 
Jureconsulti, 558, a. 
Juris Auctores, 558, a. 
Jurisconsulti, 558, a. 
Jurisdictio, 559, a. 
Jurisperiti, 558, a. 
Jurisnrudentes, £53. & 
Jus, 559, b. 

" ^Elianum, 562, a. 

" Annuli Aurei, 839, b 

" Annulorum, 839, b. 

" Applications, 137, a. 

" Civile, 559, b. 

" Civile Flavianum, 562, a. 

" Civile Papirianum or Pa- 

pisianum, 562, a. 

" Civitatis, 260, b. 

" Commercii, 261, a. 

" Connubii, 261, a. 

" Edicendi, 388, a. 

" Fetiale, 438, a. 

" Gentilitium. 469, a. 

" Gentium, 5:9, b. 

" Honorarium, 388, a, 

" Honorum, 261, a. 

" Italicum, 281, b. 

" Latii, 261, b ; 568, b. 

" Liberorum, 557, a. 

" Naturale, 559, b. 

" Non Scriptum, 560, b. 

" Pontiflcium, 560, a; 791, 

b ; 792, a. 

" Postliminii, 799. 

" Prsediatorium, 604, b. 

" Praetorium, 388, a ; 560, b. 

" Privatum, 261, a; 561, a. 

" Publicum, 261, a; 561, a. 

" Quiritium, 261, a ; 561, a. 

" Relation's, 869, b. 

" Respondendi, 558, b. 

" Scriotum, 560, b. 



Jus Senatus, 867, a 
Jus Suffragiorum, 261, a. 
Jus Vocatio, In, 18, a. 
Jusjurandum, 670, a. 
Jusjuimndum Calumniae, 203, b. 
*Jusquiamus, 562, b. 
Justa Funera, 459, a. 
Justum, 562, a. 
Justinianeus Codex, 273, a. 
Justitium, 462, b. 
Jussu, Quod, Actio, 562, b. 
*Iynx, 562, b. 

K. See C. 

L. A. 

Labarum, 897, a. 

Aa6r), 211, b. 

*Labrax, 562, b. 

Labrum, 149, b. 

*Labrusca, 563, b. 

Labyrinthus, 563, a. 

Lacerna, 563, b. 

Laciniae, 564, a. 

Laconicum, 144, a ; 149, a ; 

150, a. 
*Lactuca, 564, b. 
Lacunar, 520, b. 
Lacus, 74, b ; 219, a. 
*Ladanum, 564, b. 
Ladders, 856, b. 
Laena, 565, a. 
Lsssa Majestas, 609, a. 
Lagenae, 1052, a. 
Aayw6d\os, 748, b. 
*Lagopus, 565, a. 
*Lagopyrus, 565, a. 
*Lagos, 565, a. 
*Aayu)5 SaXdrTios, 565, a. 
Aa?ff, 1037, a. 
*Lamia, 565, b. 
Aa/jnraSapxia^ 565, b. 
Aan7raSr}SpoiJ.ia, 565, b. 
AafiTraStjCpopia, 565, b. 
A(i(xiradr)(P6poi, 566, a. 
Aa/nraSouxos ayu>v, 565, b 
Aa/nrds, 565, b. 
Lamps, 599, b. 
*Lampsine, 566, b. 
Lancca, 489, a. 
Lancula, 566, a. 
Lanarius, 778, a. 
Lanificium, 953, a. 
Lanista, 475, b. 
Lanterna, 568, a. 
Lanterns, 568, a. 
Lanx, 566, a. 
*Lapathum, 566, b. 
AdQpia, 567, a. 
Lepicidinse, 570, a. 
Lapis Specularis, 521, a. 
Laquear, 520, b. 
Laqueatores, 476, b. 
Lararium, 567, a. 
Larentalia, 567, a. 
Larentinalia, 567. a 
AapiacroTtoiol, 946, a. 
Largitio, 46, a. 
AdpvaKeg , 456, b. 
*Larus, 567, b. 
Larva, 758, a. 
Lata Fuga, 136, a. 
Aaraytiov, 317, b. 
Adra\i 317, b. 
*Latax, 567, b. 
Later, 567, b. 
Laterculus, 567, b. 
Laterna, 568, a. 
Laticlavii, 264, a. 
Latii Jus, 568, b. 
Latium, 568, b. 
Latinae Ferise, 436, a. 
Latinitas, 568, b. 
I^atinus, 261, a. 
*Lalos, 569, b. 
Adrpeis, 751, a. 
Latrina, 146, b. 
Latrunculi, 569, b. 
Latus Clavus, 264, a. 
Laudatio Funebris, 459, b 
Aavoai, 563, a. 
Laurentalia, 567, a. 
Lautia, 575, b. 
Latomiae, 570, a. 
Latumiae, 570, a. 
Lautomiae, 570, a. 
Lautumiae, 570, a. 
*Laver, 570, a. 
Law, 559, b ; 662, b 
A/6/?j, 658, b. 



AeKavt], 317, b , 740, b 
Aemviov, 740, L. 
Aextpva, 493, i. 
Ac'xoj, 572, a. 
Lectica, 570, a 
Lecticarii, 571, a. 
Lectisternium, 571, b 
AeKTpov, 572, a. 
Lectus, 572, a. 
Lectus Funebris, 570, s 
A/jkvQoi, 456, a. 
AijSdptov, 720, a. 
AfjSos, 720, a. 
Legacy, 573, a. 
Legatarius, 573, b. 
Legatio Libera, 576, b. 
Legatum, 573, a. 
Legatus, 575, b ; 815, b. 
Leges, 579, b. 
Leges Centuriatae, 579, b. 
Leges Curiatse, 579, b. 
Legio, 102, b ; 103. 
Legis Actiones, 16, b. 
Legis Aquiliae Actio, 337, a 
Legitima Hereditas, 497, n 

499, a. 
Legitimae Actiones, 16, b 
*Legumen, 576, b 
*Leimonium, 577, a. 
*Leiobatos, 577, a. 
AciTTOfiaprvpiov Hkv,, 626, b. 
Atitrovavriov ypa<pfj, 577, a. 
AenroGTpaTiov ypa(pij, 579, a 
Awrora\iov ypafyi), 117, a. 
Ar'i'irov, 818, b. 
AeiTovpyia, 577, a. 
*Lemnia Terra, 577, b. 
*Lemna, 578, a. 
Lemniscus, 578, a. 
Lemuralia, 578, b. 
Lemuria, 578, b. 
Lenaea, 364, b. 
Arjvaia, 364, b. 
Lenocinium, 535, a. 
Aijvoi, 456, b. 
Arjvds, 988, a. 
*Leo, 578, b. 
Aeovideta, 579, a. 
*Leontopetalon, 579, a 
*Leontopodion, 579, a 
*Leopardus, 579, a. 
A£-udva, 332, b. 
*Lepas, 579, a. 
*Lepidium, 579, a. 
*Lepis, 579, a. 
Lepta, 30, a. 
Leria, 593, a ; 1025, a. 
Lernaea, 579. a 
Arjpoi, 593, a 103^ a. » 
Lessus, 45», j. 
Leuca, 762, b. 
*Leucacantha, 579, 1). 
*Leucas, 579, b. 
*Leuce, 579, b. 
*Leucoion, 579, b. 
Leuga, 762. b, 
Levir, 41, a. 
Lex, 579, b. 

" Acilia, 834, a. 

" Acilia Calpurnia, 46, b 

" ^butia, 17, a; 389, b- 

581, a. 

" iElia, 5S1, a. 

" ^Elia Sentia,27,a; 616, a 

" Emilia, 5S1, a. 

" ^Emilia Basbia, 46, b ; 5&t 

b. 

" ^Emilia Lepidi, 934, b. 

" ^Emilia Scauri, 934, b. 

" Agrariae, 33, a; 581. b. 

" Ambitus, 46, b. 

" Annalis or v illia, 25, o. 

" Antia, 934, b. 

" Antonia?, 581, b. 

" Apuleia, 541, b. 

" Apuleia Agraria, 581, b. 

" Apuleia Frumentana, 581, 

b. 

" Apuleia Majestatis, 609, b 

" Aquilia, 337, a. 

" Aternia Tarpeia, 581, b 

" Atia de Sacerdotis, 58i. b, 

" Atilia, 557, b ; 1029, a.' 

" Atinia, 581, b. 

" Aufidia, 46, b. 

" Aurelia, 553, a ; 998, b. 

" B*bia, 581, b. 

" B*bia^Emilia,46,b; 582,b. 

" Caecilia de Censoribus at 

Censonn, 581, b. 

1115 



GENERAL INDEX- 



u 
«« 
(( 



« 



u 
a 



u 
<( 
u a 



tex Caeciiia do Vectigal; bus, 
681, b ; 794, b. 
" Caeciiia Didia, 582, a. 
" Calpurnia de Ambitu,46,b. 
" Calpurnia de Repetundis, 
633, b. 

" Canuleia, 582, a. 
" Cassia, 582, a. 
" Cassia Agraria, 582, a. 
" Cassia Tabellaria, 943, a. 
" Cassia Terentia Frumen- 
taria, 582, a. 
*' Ciiicia, 251, a. 
" Claudia, 582, a; 1029, a. 
" Clodia, 582, a. 
" Coelia or Calia, 943, a. 
" Cornelia Agraria, 582, a. 

" de Falsis, 428, a. 

" de Injuriis, 539, a. 

" Judiciaria, 582, b. 

" Majestatis, 609, b. 
Nummaria, 428, 
a, b. 

" " de Parricidio, 
309, a. 

" " de Proscriptione 

et Proscriptis, 812, a. 
" " de Sacerdotiis, 
790, b. 

" " de Sicariis et Ve- 
nerlcis, 308, b. 

Sumtuaria, 934,b. 
Testamentario, 
428, b. 

" " de Vi Publica, 
1058, a. 

" Unciaria, 582, b. 

" Babia, 582, b. 
Fulvia, 46, b. 
" Didia, 934, a. 
" Domitia de Sacerdotiis, 
790, b. 

" Duilia, 582, b. 
" Duilia Mania, 582, b. 
" Fabia de Plagio, 780, b. 
" Falcidia, 574, b. 
" Fannia, 934, a. 
" Flaminia, 582, b. 
" Flavia Agraria, 582, b. 
" Frumentaria, 5S2, b. 
" Fufia de Religione, 583, a. 
" Fufia Judiciaria, 553, a. 
' Fana or Fusia Caninia, 
583, a ; 616, b. 
" Furiade Sponsu, 541, b. 
" Furia or Fusia Testamen- 
taria, 574, b. 

'" Gabinia Tabellaria, 943, a. 
" Gabiniae, 583, a. 
" Gallia Cisalpina, 585, a. 
" Gellia Cornelia, 583, a. 
" Genucia, 583, a. 
" Hieronica, 583, a ; 813, b. 
" Horatia, 583, a. 
" Hortensia de Plebiscitis, 
785, b. 

" Hostilia de Fastis, 5i3, a. 
" Icilia, 583, a. 
" Julia, 555, b. 
" Junia de Pellegrinis, 583, a. 
" Junia Licinia, 583, b. 
" Junia Norbana, 569, a ; 
583, b ; 589, a. 
" Junia Repetundarum, 834, 
a. 

" Junia Velleia, 583, b. 
• Latoria,* 328, a ; 583, b. 
M Licinia de Sodalitiis, 46, b. 
" Licinia Junia, 583, b. 
" Licinia Mucia de Civibus 
Regundis, 583, b. 
" Licinia Sumtuaria, 934, a. 
" Licinia Rogationes, 841 , a. 
" Livia, 583, b. 
" Lutatia de Vi, 1058, a. 
" Mania, 583, b. 
" Majestatis, 609, a. 
" MamiVa de Coloniis,583,b. 
" Manilia, 583, b. 
'* Manliade Vicesima,617,a. 
" Marcia, 584, a. 
" Maria, 584, a. 
" MemmiaorRemmia,203,a. 
" Mensia, 584, a. 
" Minucia, 584, a. 
" Octavia, 584, a. 
" Ogulnia, 584, a. 
•< Oj)pia, 934, a. 

* More correctly, Pl<E v .oria.) 
1116 



Lex Orchia, 934, a. 
" Ovinia, 584, a. 
" PapiadoPeregrinis,583,a. 
" Paj'ia Foppaa, 556, a. 
" Papiria or Julia Papiria de 
Mulctarum ^Estimatione, 

584, a. 

" Papiria, 584, b. 
" Papiria Plautia, 584, b. 
" Papiria PcEtelia, 584, b. 
" Papiria Tabellaria, 943, b. 
" Peducaa, 584, b. 
" Pesulania, 584, b. 
" Petreia, 584, b. 
" Petronia, 584, b. 
" Pinaria, 584, b. 
" Platori^., 328, a; 584, b. 
" Plautia or Plotia de Vi, 
1058, a. 

" Plautia or Plotia Judicia- 
ria, 584, b. 
" Pcetelia, 584, b. 
" Pcetelia Papiria, 584, b; 
657, b. 

" Pompeia, 584, b. 
" " deAmbitu,46,b. 

" " Judiciaria, 553, 

a. 

" " de Jure Magis- 

tratuum, 553, a ; 584, b. 
" " de Parricidiis, 

309, a. 

" " Tribunitia, 584, 

b. 

" « de Vi, 585, a; 

553 a. 

" Popilia, 584, a ; 585, a. 
" Porcia de Capite Civium, 

585, a. 

" Porcia de Provinciis,585,a. 
" Publicia, 585, a. 
" Publilia de Sponsoribus, 
542 a. 

" PubliliadeCojn^u5,823,a. 
" Publilia, 823, a. 
" Pupia, 585, a. 
" Quintia, 585, a. 
" Regia, 833, a. 
" Regia, 562, a. 
" Remniia, 203, a. 
" Repetundarum, 833, b. 
" Rhodia, 585, a. 
" Roscia Theatralis, 585, a. 
" Rubria, 585, a. 
" Rupilia, 585, b ; 813, a. 
" Sacrata, 585, b. 
" Satura, 580, b ; 855, a. 
" Scantinia, 585, b. 
" Scribonia, 585, b. 
" Sempronia, 864, a. 
" Sempronia de Fcenore,586, 
a. 

" Servilia Agraria, 586, a. 
" Servilia Glaucia de Civi- 
tate, 834, a. 

" Servilia Glaucia de Repe- 
tundis, 834, a. 
" Servilia Judiciaria, 553, a ; 

586, a. 

" Silia, 586, a. 
" Silvani et Carbonis, 584, b. 
" Sulpicia, 586, a. 
" Sulpicia Sempronia, 586,a. 
" Sumtuaria, 934, a. 
" Tabellaria, 943, a. 
" Tarpeia Aternia, 581, b. 
" Terentilia, 586, a. 
" Testamentaria, 586, a. 
" Thoria, 977, b 
" Titia, 586, b. 
" Titia de Tutoribus, 586, b. 
" Trebonia, 586, b. 
" Tribunicia, 998, b. 
" Tullia de Ambitu, 46, b. 
" Tullia de Legatione Libe- 
ra, 576, b. 
" Valeria, 1033, b. 
" Valeria etHoratia,1034,a. 
" Valeria de Provocatione, 
1034, a. 

" Valeria de Proscriptione, 
812, a. 

" Varia, 609, b. 
" Vatinia de Provinciis, 586, 
b. 

" Vatinia de Colonis, 586, b. 
" de Vi, 1058. a. 
" Viaria, 586, b ; 1043, b. 
" Vicesimaria, 1046, a. 
" Villia Annalis, 25, b. 



Lex Visellia, 586, b ; 840, a. 

" Voconia, 1064, b. 
Aefyapxixbv ypa/xuaTEiov, 346, 

b ; 348, a. 
Lexiarchs, 385, a. 
Arjlis, 358, a. 
Ai6avofiavT£ia, 369, b. 
*Libanotis, 586, b. 
*Libanotus, 587, a. 
Libatio, 846, a. 
Libella, 349, a ; 589, b. 
Libellus, 587, a. 
Liber, 587, b. 
Libera Fuga, 136, a. 
Liberales Ludi, 366, b 
Liberalia, 366, b. 
Liberalis Causa, 115, b. 
Liberalis Manus, 115, b. 
Liberalitas, 46, a. 
Liberi, 538, b ; 589, a. 
Libertus (Greek), 589, a. 
Libertus (Roman), 588, b 
Libertinus, 588, b. 
Libitinarii, 459, a. 
Libra, 589, b. 
Libra or As, 590, a. 
Libraria, 158, a. 
Librarii, 591, a. 
Library, 158, a. 
Librator, 591, a. 
Libripens, 612, &. 
Liburna, 591, b. 
Libumica, 591, b. 
Aixds, 763, b. 
*Liehen, 591, b. 
Licia, 955, a. 
Liciatorium, 955, a. 
Licinia Lex de Sodalitiis, 46, b. 
Licinia Junia Lex, 583, b. 
Licinia Mucia Lex, 583, b. 
Licinia Lex Sumtuaria, 934, a. 
Licinia Rogationes, 841, a. 
AiKfi6s, 1034, b. 
Aikvov, 364, b ; 1034, b. 
AiKvo(p6pog, 364, b ; 1035, a. 
Lictor, 592, a. 
Lighthouse, 767, a. 
Ligo, 592, a. 
Ligula, 592, a ; 889, b. 
*Ligusticum, 592, b. 
*Ligustrum, 592, a. 
*Lilium, 592, b. 
Lima, 592, b. 
Limbus, 592, b. 
Limen, 524, b ; 525, a ; 799, a 
Limes, 38, b. 
Limitatio, 38, b. 
Limus, 929, b. 
Linea, 593, a. 
*Linospartum, 593, b. 
*Linospermum, 593, b. 
Linteamen, 718, b. 
Linteones, 953, a. 
Linter, 593, b. 
Linteum, 718, b. 
Linum, 944, a. 
*Linum, 593, b. 
*Linum Vivum, 593, b. 
*Liparaus Lapis, 593, b. 
Litera, 693, b. 
Literarum Obligatio, 673, a. 
Literati, 887, b. 
*Lithargyrus, 594, a. 
*Lithospermum, 594, a. 
Lithostrotum, 520, a ; 705, a. 
AiQoTOiiiai, 570, a. 
Litis Contestatio, 594, a; 674, a. 
Litis Dividua Exceptio, 19, a. 
Airpa, 594, b. . 
Litters, 570, a. 
Liturgies, 577, a. 
Lituus, 595, a. 
Lixa, 203, a. 

Locati et Conducti Actio, 595, a. 
Locatio, 595, a. 
Locator, 595, a. 
Aoxayot, 952, a. 
A(5%o?, 952, a; 1012, a. 
Loculus, 460, a. 
Locus Effatus, 957, b. 
Locus Liberatus, 957, b. 
Lodix, 595. b. 
Aosrpov, 598, a. 
AoyeXov, 968, b. 
Aoyiarai, 33, a ; 423, a 
Aoycarrjpiov, 423, b. 
AoyicTTrjg, 190, a. 
Aoyoyodipoi. 595, b. 
AoyoTroioL 595, b. 
AoiGui, 346 u 



AoiSopias SiKt], 94. * 
Adyxn, 489, a. 
Aoyxo$6p>n, 488, b. 
*Lolium, 596, 9 
*Lonchitis, 596, a. 
Looking-glass, 905, a 
Loom, 953, a. 
AdinrT), 596, a. 
Acjttiov, 596, a. 
ASjiTOS, 596, a. 
AwrodvTris, 596, a. 
A60og, 466, a. 
Lorarii, 445, b. 
Lorica, 596, a. 
Lots, 904, b. 
Aovn'ip, 598, b- 
Aovr/ipiov, 598, b 
Aovrpov, 598, a. 
Aovrpo<p6po£, 599, a. 
Lucar, 507, a. 
AvKaia, 605, a. 
Lucerenses, 743, a, 
Luce res, 743, a. 
Lucerna, 599, b. 
Avkos, 487, b. 
Lucrum Cessans, 337, I* 
Avxvos, 599, b. 
Avxvovxos, 206, a ; 568, ., 
Lucta, 716, b. 
Luctatio, 716, b 
Ludi, 600, a. 

" Apollinares, 600, a. 

" Augustales, 127, a 

" Capitolini, 600, b. 

" Circenses, 255, b ; 601, » 

" Compitalicii, 301, a. 

" Florales, 447, a. 

" Funebres, 601, a. 

" Honorarii, 601, a. 

" Liberales, 366, b. 

" Magni, 601, a. 

" Martiales, 601 , h 

" Megalenses, 632, a. 

" Natalitii,601,b. 

" Palatini, 601, b. 

" Piscatorii, 601, b. 

" Plebeii, 601, b. 

" Poutificales, 601, o 

" Quastorii, 601, b 

" Romani, 601, a. 

" Saculares, 601, b. 

" Scenici, 600, a ; 632, a. 

" Tarentini, 602, a. 

" Taurii, 602, a. 
Ludus, 475, b 
Ludus Duodecira Scriptoruinj 

570, a. 
Ludus Latrunculorum, 569, b. 
Ludus Troja, 256, b. 
Luminum Servitus, 878, b. 
Luncheon, 274, b ; 343, a. 
Lupanar, 226, b 
Lupatum, 452, b. 
Lupercalia, 603, a. 
Luperci, 603, b. 
Lupus Ferreus, 604, a. 
Lustratio, 604, a. 
Lustrum, 230, a; 604, b. 
*Lycaia, 605, a. 
*Lycapsus, G05-, a. 
*Lychnis, 605, a. 
*Lychnites, 605, a 
Lychnuchus, 206, a. 
*Lycium, 605, a. 
*Lycopsis, 605, b. 
*Lydius Lapis, 605, b. 
Lyra, 605, b. 
*Lyra, 605, b. 
*Lysimachium, 606, b. 

M. 

Macedonianum Senatus tun 
sultum, 873, b. 

Macchus, 119, a. 

Md/ctAAa, 592, a. 

Macellarius, 607, a 

Macclluin, 607, a. 

*Macer, 607, a. 

Mdxaipa, 824, a. 

Ma%a('ptov, 824, a. 

Maander, 593, a ; 245, a 

Mania Lex, 583, b. 

Manianum, 53, a ; 255, a. 

Magadis, 606, b. 

Mdyeipoi, 344, b. 

Magister, 607, a. 

" Admissionum, 22, a 
" Armorum, 607, a 
" Auctionis, 124 a • 
165, b. 



GENERAL INDEX. 



^agister Bibendi, 939, b. 

Epistolarum, 607, a. 
Equitum, 361, a. 
Libellorum, 607, a. 
Memoriae, 607, a. 
Militum, 106, b. 
Navis, 425, a. 
Officiorum, 607, a. 
Populi, 360, a. 
Scriniorum, 607, b. 
Societatis, 607, b 



u 

t( 
<< 
it 

<< 
>i 
<< 
u 



S22, a. 
" Vicorum,607,b. 
Magistratus, 607, b. 
*Magnes, 608, a. 
*Magncsins Lapis, 608, a. 
'Magudaris, 608, b. 
*Maia, 608, b. 
Majestas, 608, b. 
.\I.i(;(a/cr^,o(wi/, 190, a. 
*Mainis, 608, b. 
Majores, 538, a. 
Maius, 191, a. 
•'Malabathrum, 610, a. 
*Malache, 610, a. 
*.Malacia, 610, a. 
*Malacocraneus, 610, a. 
"Malinothalle, 610, b. 
Malleolus, 610, a. 
Malleus, 610, a. 
MaXXos, 291, a ; 951, b. 
Malluvium, 615, a. 
*Malthe, 610, b. 
*Malva, 610, b. 
*Malum, 610, b. 
Malus, 610, b. 
Malus Oculus, 431, b. 
Mamilia Lex, 583, b. 
Mar.ceps, 611, a. 
Mancipatio, 611, b. 
Mancipi Res, 374, b ; 1065, b 

1066, a. 
Mancipii Causa, 611, a, 
Mancipi urn, 611, b. 
MdvSaXos, 526, a. 
Mandatarius, 612, b. 
Mandati Actio, 613, a. 
Mandator, 612, b. 
ManJatum, 612, b. 
Mandrae, 569, b. 
*Mandragoras, 613, a. 
Mavdvas, 563, b. 
MavSvri, 563, b. 
Mane, 362, a. 
Mang-ones, 886, a. 
Manica, 613, a. 
Manilia Lex, 583, b. 
Manipulus, 613, b. 
Manlia Lex, 617, a. 
Mansio, 614, b. 
Mansionarius, 615, a. 
Mansiones, 748, a. 
MavTclov, 687, b. - 
Mdvreis, 368, b. 
Mantele, 615, a. 
MavTiKrj, 368, b. 
*Mantichora, 615, a. 
'Mantis, 615, b. 
Manuarium JEs, 30, a 
Manubite, 906, I). 
Manuleatus, 240, b. 
Manum, Conventio In, 622, b 

623, a. 
Manumissio, 615, b. 
Manumissor, 616, a. 
Manus, 30, a. 
Manus Ferrea, 487, b. 
Manus Injectio, 617, a. 
Mappa, 615, a. 
*Marathrum, 617, ": 
Marcia Lex, 584, a. 
'^Margar.ta, 617, b 
Margines, 1043, a. 
Maoris, 619, a. 
Maria Lex, 584, a. 
Mo'ptj, 618, a. 
*Marmor, 618, a. 
Marriage (Greek), 618, a. 
Marriage (Roman), 022, a, 
*Marrubium, 625, b. 
Marsupium, 626, a. 
Martialis Flamen, 445, b. 
Martiales Ludi, 601, b. 
Martius, 191, a. 
Maprvpia, 626, a. 
Masks, 758, a. 
Massa, 29, b, n. 
MaaTtjpes, 1073, a. 
Mastigia, 445, b. 
Maariyo<p6poi, 699, b. 



*Mastiche, 628, a. 
Mu<tti\, 445, a. 
Masts, 610, b; 611, a. 
Matara, 490, a. 
Mater, 277, b. 

Materfamilias, 430, a; 623, a. 
Matralia, 628, b. 
Matrimonium, 622, a. 
Matrona, 623, a. 
Mausoleum, 461, a, 
Md£a, 344, b. 
Mazonomus, 628, b. 
Meals (Greek), 342, a ; 343, a. 
Meals (Roman), 274, a. 
Mrixavr), 969, b. 
Mediastini, 628, b. 
*Medica, 628, b. 
*Medica Mala, 628, b 
Medicamina, 1053, a. 
Medicine, 628, b. 
Medicina, 628, b. 
Medicus, 630, a. 
Medimuus, 631, b. 
*Medion, 631, b. 
Meditrinalia, 631, b 
Megalenses Ludi, 632, a. • 
Megalensia, 632, a. 
Megalesia, 632, a. 
Meyapov, 958, b. 
Meiaywyds, 67, a. 
MaAjxa«,235, a. 
Me?ov, 67, a. 
MsiXia, 378, b. 
*Melampyron, 632, a. 
*Melancranis, 632, a. 
*Melanion, 632, a. 
*Melanteria, 632, a. 
*Melanthion, 632, b. 
*Melanurus, 632, b. 
*Melea, 632, b. 
*Meleagris, 632, b. 
MrjX V , 243, b. 
McXia, 488, b. 
*Melia, 632, b. 
*Melia Terra, 632, b. 
MeXiicpaTov, 1054, b. 
*Melilotus, 632, b. 
*Melimela, 632, b. 
*Meline, 633, a. 
*Melis, 633, a. 
*Melissa, 633, a. 
*Melissophyllon, 633, a. 
McXiTTovra, 456, a. 
MtXXcipriv, 390, a. 
*Melolonthe, 633, a. 
*Melopepon, 633, a. 
MeXoKOtia, 648, b. 
*Memaikulon, 633, a. 
Membrana, 588, a. 
Memmia Lex, 203, a. 
Mrjv, 190, b ; 634, a. 

" apxtipwos, 190, b. 

" ko7Xos, 190, a. 

" ilxSoXinatos, 190, a. 

" lardfxevos, 190, b. 

" (pdivwv, 190, b. 

" irXt'ipris, 190, a. 
*Menanthus, 633, a. 
MeveXdeia, 633, a. 
Mensa, 633, a. 
Mensarii, 634, a. 
Mensularii, 634, a. 
Mensia Lex, 584, a. 
Mensis, 634, a. 
Mensores, 635, b. 
Menstruum, 887, b. 
Mfjwois, 387, a. 
MepKr}66vios, 194, b. 
Mercenary Soldiers, 1071, a. 
McokiSivos, 194, b. 
Merenda, 275, a. 
Meridiani, 476, b. 
Meridies, 362, a. 
*Merops, 635, b. 
MeadyicvXov, 60, b. 
MeaavXtos dvpa, 514, b. 
MttraiiXiov, 122, b. 
M.iaavXos dvpa, 514, b. 
hle<jr)u6pla, 361, b. 
MeooXaSeiv, 724, b. 
Mttjon<pdXtov, 268, b. 
Mcootoixos, 736, a 
♦Mespile, 635, b. 
MeraSdrris , 350, a. 
Metffi, 253, a. 
McTayeiTvia, 635, b. 
Merayeirvtufv, 190, a. 
Metalla, 1035, b. 
Meraviirrpis, 344, b. 
MerdviTTTpov, 344, b. 



MiravXos dvpa, 514, b. 

Methodic!, 635, b, 

MetoIkiov, 636, b. 

Nctoikoi, 636, a. 

Mitujttov, 892, a. 

Mr)Tpayvprai, 39, b. 

Metretes, 637, a. 

Metronomi, 637, a. 

Mtrpovo/ioj, 637, a. 

MrirpdiroXis, 284, b. 

*Meum, 637, a. 

*Milax, 637, a. 

Mile, 637, b. 

Milestones, 637, b ; 1043, i. 

Mille Passuum, 637, b. 

Milliare, 637, b. 

Milliarium, 637, b ; 1043, a. 

Milliarium Aureuro 1 C43, a. 

Mills, 639, b. 

*Milos, 637, b. 

*Miltos, 637, b. 

Mimus, 637, b. 

Mina, 947, a ; 948, a. 

Mines, 1035, b. 

*Minium, 638, a. 

Minores, 328, a; 533, a. 

Mint, 640, b. 

*Minthos, 638, a, 

Minucia Lex, 584, a. 

Minutio Capitis, 212, a. 

Mirmi Hones, 476, b. 

Mirror, 905, a. 

Missio, 638, a ; 476, a. 

Missio Causaria, 638, a. 

Missio Honesta, 638, a. 

Missio Ig-nominiosa, 638, b. 

Missus, 256, b. 

MioQotyopoi, 1071, a. 

Mioddtceios diicri, 638, b ; 639, a. 

MioQfiHicws o'ikov 6tK7i, 638, b. 

M<(70ou SiKrj, 639, b. 

*Misy, 639, a. 

Mi'rot, 955, a. 

Mitra, 187, b ; 1073, b 

Mixta Actio, 17, b. 

Mva, 947, a. 

Mv/mara, 457, a. 

Mvtifiela, 457, a. 

Mvoia, 316, b. 

MoxX6s, 526, a. 

Modiolus, 331, b. 

Modius, 639, a. 

Mot%£ia, 24, a. 

Moixdas ypa<prj, 24, a. 

Mola, 639, b. 

Mola Salsa, 846, a. 

*Molybdaena, 640, b. 

*Molybdos, 640, b. 

Monaulos, 981, a. 

Moneta, 640, b. 

Monetales Triumviri, 640, b. 

Monetarii, 641, b. 

Monile, 641, b. 

Monitor, 968, b. 

Movoxpw/zaroi', 700, b. 

Movdypa/ifiov, 700, b. 

Movofjidxoi, 475, b. 

Monopodium, 633, b. 

Monoxylon, 593, b ; 889, b. 

Monstrum, 810, b. 

Month (Greek), 190, a; 634, b. 

Month (Roman), 191, a, b. 

Monumentum, 461, b. 

Mdpa, 98, a. 

Morator, 256, b. 

Morbus Comitialis, 297, a. 

*Morea, 642, b. 

*Mormyrus, 642, b. 

*Wpoxdos XiOos, 642, b. 

Mnrtarium, 642, b. 

Mortars, 642, b. 

Mos, 560, b. 

Mosaics, 519, a ; 715, a. 

*Moschus, 643, a, 

ModaKEs, 260, a ; 492, b. 

MdOutves, 260, a ; 492, b. 

Mouj/t'i%ia, 643, a. 

Movvvxiuv, 190, a. 

Mourning for the Dead, 458. b : 

462, b. 
Movaaa, 643, a. 
Movielov, 644, a. 
MovaiKrj, 644, b. 
Moustaches, 651, a. 
Muciana Cautio, 227, a. 
MvKrrjpes, 397, b ; 599, b. 
Mulier, 1030, b. 
Mulleus, 744, b. 
MvXos, 639, b. 
Mulsa, 1054, b. 



>/ul8um, 1054, «*. 

Multa, 788, fc. 
Munerator, 475, b 
Municeps, 283, a. 
Municipes, 1072, a 
Municipium, 283, a , 44$, ■ 
Munus, 507, a ; 475, b. 
*Mursena, 643, a. 
Muralis Corona, 311, a 
Muries, 1040, b. 
MvpfxrjKts, 235, a. 
Murrea Vasa, 643, b. 
Murrhina Vasa, 643, 5. 
Mvpfiivirris, 1054, a. 
Murus, 734, b. 
*Mus, 643, b. 
Muscarium, 445, a. 
Musculus, 643, b. 
Museum, 644, a. 
Mvaia, 651, b. 
Music (Greek), 644, a. 
Music (Roman), 650, a 
Musica Muta, 728, b. 
Musivarii, 715, a. 
Musivum Opus, 520, a , 71ft 
*Musmon, 651, a. 
Mustaceum, 625, a. 
Mvaraywyds, 396, a ; 421, b 
Mvotui, 395, b; 396 » 
Mvarai,, 651, a. 
*Mustela, 651, a. 
Mvarr/ptov, 652, a. 
Muoti'Aj7, 344, a. 
Mvorpov, 344, a ; 65J, b 
Muorpo?, 344, a. 
Mustum, 1051, a. 
Mutationes, 6)5, a. 
Mutui Actio, 651, a. 
Mutus, 673, a ; 960, b. 
Mutuum, 651, a. 
Mvlac, 397, b ; 599, b. 
*Mvagrum, 651, b. 
*Myax, 651, b. 
*Mylise, 651, b 
*Myops, 651, b. 
*Myosotis, 651, b. 
*Myrica, 651, b. 
*Myrmex, 651, b 
*Myrus, 651, b. 
Mysteria, 652, a. 
*Mysticetus, 652, b 
Mystrum, 652, b. 
*Myxon, 653, a. 
*Myzon, 653, a. 

N. 

Nsenia, 459, b. 
NatJtov, 457, b. 
Nail, 263, a. 
Names (Greek), 659, s. 
Names (Roman), 659, b 
Na6s, 958, b. 
*Napy, 653, a. 
*Narcissus, 653, a. 
*Nardus, 653, a. 
*Narce, 653, a. 
*Narthex, 653, a. 
Narthecia, 1062, b. 
Natalitii Ludi, 601, b. 
Natalibus Restitutio, 538, ft 
Natatio, 148, a. 
Natatorium, 148, a 
Naturales, 774, a. 
Navalia, 653, a. 
Navalis Corona, 310, b. 
Navalis Scriba, 859, a. 
Nauapxt'a, 653, a. 
Navapxos, 653, a. 
Navarchus, 653, a. 
NavicXripoi, 938, a. 
NavKpapta, 653, b. 
NavKpapog, 653, b. 
Navigium, 889, b. 
Navis, 889, b. 
Naumachia, 654, a. 
Naumachiani, 654. a 
Navs, 860, 1). 
Nauta, 425, a. 
NavriKal cvYypatpal, 545, k 
T^uvtikov, 545, b. 
*Nautilus, 654. b. 
NavTodUat, 654, b. 
Ncbris, 655, a. 
*Nebrites, 655, a. 
Necessarii Heredes, 497, b 
Necklaces, 641, b. 
Nacpddti-zvov, 458, a. 
NeKpoddxrat, 459, a. 
TSck'vgiu, 458, b. 
Nefasti Dies, 362, b. 
1117 



GENERAL INDEX. 






Ncfi-tiva Actio, 3J2, b. 
Negatoria Actio, 302, b. 
I<Jegligentia, 326, b. 
Negottorum Gestorum Actio, 

655, a. 
N£"«'a> 655, b. 
tii/xea, 655, b. 
Nemean Games, 655, b. 
Nefisla, 655, b. 
Nenia, 459, b. 
NswKdpoi, 26, a ; 1072, b. 
NeoSajtuideis, 260, a; 492, b. 
NeofyvXaKes, 959, a. 
Nfwpta, 653, a. 
NewcoiKoi, 653, a. 
News, 958, a. 
"'Nepenthes, 656, a. 
Nepos, 277, b. 
Neptis, 277, b. 
Neptunalia, 656, a. 
l Nerion, 656, a. 
Veroniana, 830, b. 
*Nerites, 656, a. 
Ntjcreia, 976, a. 
Nets, 836, a. 
Nexi, 656, b. 
Nexum, 656, b. 
Nimbus Vitreus, 658, b. 
*Nitrum, 658, b. 
Nix, 658, b. 

Nobiles, 666, b ; 744, a. 
Nodus, 659, a. 
Nomen, 547, a. 
Nomen Latingm, 9C3, a. 
Nomen (Greek), 659, %. 
Nomen (Roman), 659, b. 
Nomenclator, 46, a. 
Nd/^cr/xu, 641, b. 
^ofxlajxaTog AiafyQopai /,V*$J7> 

6(52, a. 
No//o^u'Aa/c£j, 662, a. 
Ndfios, 662, a. 
NonoQertfs, 663, b. 
Nonae, 195 ; 196, a. 
Norma, 664, a. 
Nota Censoria, 664, a. 
Notarii, 591, a. 
Notatio Censoria, 664 V. 
Notitia Dignitatum, 668, » 
Nwro^dpo?, 378, a. 
Novacula, 139, a. 
Novale, 80, b. 
Novatio, 674, a. 
Novellas, 666, a. 
Novellae Constitutions, 6bi, 
November, 191, a. 
Novendiale, 462, a ; 666, a. 
Noverca, 31, a. 
Novi Homines, 666, a, b. 
Novi Operis Nuntiatio, 686, i> 
Nov/.<.T)vla, 190, a. 
*Noumenius, 666, b. 
Noxa, 6G6, b. 
Noxahs Actio, 666, b 
Noxia, 666, b. 
Nucleus, 1042, b. 
Nudipedalia, 189, a. 
Nudus, 667, a. . 
Numeratio, 868, a. 
Nummularii, 634, a. 
Numularii, 934, a. 
Nummus or Numus, 888, b. 
Nu/<0aywyoj, 620, a. 
Nu/^im/j, 620, a. 
Nuncupatio, 963, b. 
Nundinte, 667, a. 
Nundinum, 668, a. 
Nuntiatio, 126, b ; 686 a. 
Nuptiae, 622, a. 
Nuius, 30, b. 
Nt/W 909, b. 
*Nycteris, 668, a. 
♦Nycticorax, 668, a. 
*Nympmea, 668, a. 

O. 

Oars, 893, a. 
Oath (Greek), 668, b. 
Oath (Roman), 670, a. 
'ilSad, 473, b; 1003, a. 
Obeliscus, 672, a. 
Obelisks, 672, a. 
'06 £ Ad?, 672, a. 
Obligatio, 674, b. 
Obligationes, 672, b. 
Obolus, 380, b. 
Obrogare Legem, 580, a. 
Obsidionalis Corona, 309, b 
Obsonium, 686, b. 
Occatio, 832, a. 
1118 



Occupatio, 676, b 

"Oxavn, 268, b. 

"Oxavov, 268, b. 

"0% W a, 1036, a. 

*Ochne, 676, b. 

*Ochra, 676, b. 

*Ochrus, 676, b. 

*Ocimoeides, 676, b. 

*Ocimum, 676, b. 

Ocrea, 676, b. 

'O/cpt&zi/rE?, 968, b. 

'O/cp/Saj, 702, b; 968, b. 

'0*Tdcrn;Ao?, 290, a. 

Octaves, 1036, a. 

Octavia Lex, 584, a. 

October, 191, a. 

October Equus, 717, b. 

October-horse, 717, b. 

Octophoron, 571, a. 

'OSovT&ypa, 449, a. 

'OoWrdrptju/*a, 349, b 

*0«, 677, a. 

OEcus, 517, b. 

*CEnanthe, 677, a. 

*ffinas, 677, a. 

GUnomelum, 1054, b. 

ffinophorum, 677, a. 

GEnophorus, 677, b. 

*CEnothera, 677, b 

GEsiDum. 1063, a 

*CEstrus', 677, b. 

Offendiculum, 67, b. 

Offendix, 67, b. 

Omcium Admissionis, 22, a. 

'Oy^(ov,975, b. 

Ogulnia Lex, 584, a. 

OlaKovdixos, 480, b. 

OlaKO(7Tp6<pos, 480, b. 

OiKfjuaTa, 514, b. 

OIkSttjs, 881, a. 

Okia, 937, b.^ 

OIkiccs 5ikt], 677, b. 

OlKivrfc, 284, b. 

OIkoi, 514, b. 

OIkos, 513, b. 

OlKorplSaios, 881, a. 

Ohdrpill/, 881, a. 

OiKoairos, 385, a. 

Ohwe^i, 1054, b. 

Olvos, 1050, b. 

Olvoxdai, 939, a. 

Oivoxdoi, 939, b. 

Olvocpopov, 677, a. 

OlwvicTiKri, 369, b. 

'OiaroV, 847, a. 

Oleagina Corona, 312, a. 

*01iva, 677, b. 

Olla, 677, b. 

"OX/xos, 642, b. 

*01olygon, 678, b. 

*01ostion, 678, b. 

'OAvji/TTia, 680, a. 

'OXvumds, 678, b. 

Olympiad, 678, b. 

Olympic Games, 680, a. 

*01yra, 899, a. 

'£2/io$ayta, 365, b. 

'O/^aAo?, 268, b. 

*Omphax, 899, a. 

Onager, 989, a. 

'Ovapo7roAta, 370, a. 

Onerariae Naves, 891, a. 

Oneris Ferendi Servitus,878, b. 

*Onitis, 899, a. 

*Onobrychis, 899 , a. 

"Ovona, 659, a. 

"Ovos, 639, b. 

*Onos, 899, a. 

*Onosma, 899, U 

*Onyx, 899, b. 

Onyx, 41, b. 

Opalia, 685, b. 

*Opalus, 686, a. 

Opera, 745, b. 

Operas Servorum et Animalium, 

878, a. 
Operis Novi Nuntiatio, 686, a. 
'06da\ixds Pdamvog, 431, b. 
*"O0t? ^aAa'rrios, 686, b. 
♦Ophites, 686, b. 
Opifera, 894, a. 
Ooima Spolia, 907, a, b. 
Gpimianum Vinum, 1055, a. 
Opinatores, 686, b. 
^O-JTicOoSofxog, 958, b. 
Opistographi, 588, a. 
*Opobalsamum, 686, b. 
*"Otto? WiSiKog, 686, b. 
Oppia Lex, 934, a. 
Oppidum, 254, a. 



'Oxpfijia, 686, b. 
*Opsianos, 686, b. 
"Oxf/ov, 686, b. 
Opsonator, 687, a. 
'Oipuvrjs, 687, a. 
' ' Owovoiioi, 687, a. 
'Otpocpayia, 686, b. 
'Oipcupdyos, 686, b. 
Opsonium, 686, b. 
'G^ottwA^, 607, a. 
'Oy/oTTw'Xeiov, 607, a. 
'O^o-wAi'a, 607, a. 
Optio, 104, a ; 232, a. 
Optimates, 687, a. 
Optimi, 687, a. 
Opus Novum, 686, a. 
Oracles, 687, b. 
Oraculum, 687, b. 
Orcuium, 693, b. 
Orationes Principum, 693, b. 
Orator, 694, a. 
Orbus, 557, a. 
Orca, 901, a. 
"OpxvviS, 850, b. 
Orchestra, 968, a. 
lOpxr](JTVs, 850, b, 
Orchia Lex, 934, a. 
*Orchilus, 695, a. 
*Orchis, 695, a. 
Orcinus Libertus, 616, a. 
Orcinus Senator, 616, a ; 865, b 
Ordinarii Gladiatores, 476, b. 
Ordinarii Servi,884, a; 887, a 
Ordinarius Judex, 554, a. 
Ordo, 695, b. 
Ordo Decurionum, 282, b 

695, b. 
Ordo Equestris, 417, a ; 695, b 

687, b. 
Ordo Senatorius, 687, b ; 695 

b ; 866, b. 
Oreae, 452, b. 
*Oreichalcum, 695, b. 
*Oreoselinum, 695, b. 
Organ, 522, b. 
Organist, 522, b. 
Organum, 522, b. 
"Opyia, 652, a. 
'Opyu^, 763, b. 
Orichalcum, 177, a. 
*Origanus, 695, b. 
Originarii, 801, a. 
Ornamenta Triumphalia, 1019, 

a. 
Omatrix, 695, b. 
'OpBoSwpov, 763, b. 
*Orobanche, 696, a. 
*Orobos, 696, a. 
*Orospizos, 696, a. 
*Ortygometra, 696, a. 
-Ortyx, 696, a. 
*Oryx, 696, a. 
*Oryza, 696, a. 
y Slg, 439, b. 
^ilaxotpopia or 'Oo-%o0<)'pta, 696, 

a. 
'O<r%o<i<5po£, 696, a. 
Oscines, 130, b. 
Oscillum, 696, b. 
Ostentum, 810, b. 
Ostiarium, 696, b. 
Ostiarius, 516, b. 
Ostium, 516, b ; 524, b. 
Ostracism, 135, a. 
'OarpaKiov, 439, a. 
"Oorpa/cov, 135, b; 439, a. 
*Ostracoderma, 696, b. 
*Ostreum, 696, b. 
*Ostrites, 697, a. 
*Ostrya, 697, a. 
>Od6vr}, 718, b. 
'OOoviov, 718, b. 
*Otis, 697, a. 
Ova, 253, b. 
Ovalis Corona, 311, b. 
OJas, 439, b. 
Ovatio, 697, a. 
OZSas, 524, b. 
Oven, 450, a. 
Ovile, 297, a. 
Ovinia Lex, 584, a. 
*Ovis, 697, b. 
OlXaixoi, 98, b. 
OiAd%vra, 846, a. 
OtiAoxurcM, 846, a. 
Ounce, 1062, a. 
Ovyida, 1062, a. 
Ovyyia, 1062, a. 
Ohpavia, 770, a. 
Ovpiaxos, 488, b. 



QvaU $ SiKr}, 427, a 
>OU s , 13, b. 
"Ofa, 1053, b. 
'Olv6dtpiov, 13, b. 
'OlvSa&ov, 13, b. 
'Olv/AsXt, 1054, b. 

p. n. $. ? 

Pactio, 675, a, b. 
Pactum, 675, a, b. 
*Padus, 697, b. 
Paean, 697, b. 
Paedagogia, 698, b. 
Paedagogium, 698, b 
Paedagogus, 698, a. 
*Paederos, 698, b. 
Paenula, 698, b. 
*Paeonia, 699, a. 
Paganalia, 699, a. 
Pagani, 699, a. 
Paganica, 777, b 
Pagi, 699, a. 
Uaidv, 697, b. 
JJatoaywydj, 698, a. 
UaiSov6[xog, 698, a. 
nai5oTpi6ai, 483, 1> 
JJai5oTpo<piu, 621, a 
Uau'iuiv, 697, b. 
Painting, 699, b. 
JJafwi', 697, b, 
Pala, 715, b. 
Palaestra, 716, a. 
ITaAata/xa, 716, b. 
Tlakaianoavvr), 716, b. 
TlaXaioTfj, 763, b. 
TLaXaiarpa, 716, a. 
Ha\ai<TTpo<£v\aK£s, 484, a 
Palaria, 721, b. 
Palatini Ludi, 601, b. 
Pale, 716, b. 
ILiAj?, 716, b. 
TlaXiyKdiiTj'Xog, 226, a. 
Palilia, 717, a. 
Palimpsest us, 588, b. 
Palla, 717, b. 
IIaAAa/07, 301, b. 
riaAAa/cK, 301, b. 
Palliata Fabula, 300, b. 
Palliatus, 720, b. 
Palliolum, 717, b. 
Pallium, 717, b. 
Palmipes, 763, a 
Palmus, 763, a. 
Palud amentum, 720, b. 
Paludatus, 721, a. 
Palus, 721, b. 
Tlaix6oiti)Tia, 721, b. 
IT«ju//a%0£, 724, a. 
ITa//0uAot, 1002, b. 
Panathenaea, 722, a. 
Pancratiastas, 724, a. 
Pancratium, 724, a. 
Pandectae, 725, a. 
Udv6ia, 727, b, 
UavSoKe'iov, 226, a 
Uavijyvpis, 727, b 
Panegyris, 727, b. 
IlavfAA^i/ta, 728, a 
*Panicum, 728, a. 
Havid>via, 728, a. 
UavoTrXia, 728, a. 
Uavov^Kos, 954, b 
*Panthera, 728, b. 
Pantomimus, 728, b. 
*Papaver, 729, b. 
Paper, 587, b ; 588, a. 
Papia Lex de Peregrinis, 56^ 1 
Papia Poppaea Lex, 556, a. 
*Papilio, 729, b. 
Papiria Lex, 584, a. 
Papiria Plautia Lex, 584, b. 
Papiria Poetelia Lex, 584, b. 
Papiria Tabellaria Lex, 91J, k 
Papyrus, 587, b. 
*Papyrus, II., 729, b. 
Par Impar Ludere, 729, b. 
Parabasis, 300, a. 
ITapa&jAioy, 729, b. 
UapdooAov, 729, b. 
UapaKaTaSdXXeiv, 495, b. 
Ilapa/caraSoA^, 731, a. 
TLapaKa-aQt'iKri, 731, a. 
liapaKaTadf/Kris 51kt), 731, a. 
ITrtpaxop^ywa, 505, b ; 995, ll 
IIapa%wp>;/«ara, 996, a. 
ITrtpa%yr?7f, 599, a. 
Paradisus, 729, b. 
Paragauda, 730, a. 
Uapnyvadi^ci, 466, 1). 
HapayvaQieiov. 452, b. 



GENERAL INDEX. 



Stragulum, 'J51, b. 

ZrpaTTjyls vavg, 927, b. 

Irpurtiyds, 926, b. 

Stratores, 928, a. 

Ktrena, 928, a. 

7-roe-jTOi, 989. b. 

Stnse, 288, b. 

Strigil, 150, b ; 599, a. 

*Strix, 928, b 

y.Tpwuara, 572, b ; 951, b. 

•Strombus, 928, b. 

^rpoyyvXai, 890, b. 

Srpo0nij, 215, a. 

2.7p64>iy{, 215, a. 

Strophium, 928, b. 

•Strouthion, 928, b. 

•Strouthos, 928, b. 

'Zrpovdds pteydXrj, 928, b. 

•Strouthocamelus, 928, b. 

Structor, 275, b. 

♦Strychnus, 928, b. 

Studiosi Juris, 116, a. 

ZrvXos, 288, a ; 925, a. 

Stultorum Feriae, 450, a. 

Stuprum, 23, b ; 302, a ; 533, b. 

Zrvpdiciov, 488, b, n. 
Zrvpal, 488, b. 
Stylus, 924, b. 
*Stypteria, 929, a. 
*Styrax, 929, a. 
Suasor, 125, a. 
Subcenturio, 104, a. 
*Suber, 929, b. 
Subitarii, 1022, b. 
Subligaculum, 929, b. 
Subrogare Legem, 580, a. 
Subscriptio Censoria, 535, a ; 
Subseciva, 37, a. [664, b. 

Subsellium, 978, b. 
Subsericd, 876, a. 
Sulisignani, 103, b. 
Substitutio, 493, a. 
Substitutio Pupillaris, 498, b. 
Subtegmen, 953, b. 
Subtemen, 953, b. 
Subucula, 1024, b. 
Successio, 929, b. 
Successor, 930, b. 
Succinctorium, 929, b. 
Succinctus, 1024, b. 
*Succinum, 930, b. 
ZvKoQdvTTis, 930, b. 
LvKoiftavTias ypcupfi, 931, a. 
Budatio, 149, a. 
Sudatorium, 149, a. 
SufTibulum, 1041, a. 
Sufhtio, 462, a. 
Suffragia Sex, 416, a. 
Suffragium, 931, b. 
Suggestus, 841, b ; 932, a. 
Suggrundarium, 460, a. 
Sui Heredes, 497, b ; 499, a. 
TvXai, 932, a. 
Sulci, 1042, b. 
XvXXoycl;, 932, a. 
'Sulphur, 932, b. 
Sulpiciae Leges, 586, a. 
Sulpicia Sempronia Lex,5S6, a. 
"ZvnS6Xaiov, 932, b. 
2vfji6o\ai(ov iraoaSdaEws S'ikt}, 
"LvixtioXov, 1014, a. [932, b. 
^vft6oXu)v, d~b, diicat, 933, a. 
^6ii6ovXoi, 734, a, b. 
^■Vfifjiaxoc, 933, b. 
"ZvMiopia, 392, b ; 1011, b. 
^u/i^opcij, 788, a. 
^v/nroaiov, 938, b. 
Sumtuariae Leges, 934, a. 
SvvdXXayna, 932, b. 
ZvyKXrjTos 'HK/cX^aia, 383, b. 
ZvyKopuGTr/pia, 45, a. 
Suudial, 50S, a. 
SvvStKos, 934, b. 
T.vveSpiov, 935, a. 
f.vve6poi, 935, a. 
Tvvr/yopiKdv, 936, b 
Svvijyopos, 935, b. 
T-vyyiveia, 495, a. 
2'yyyevnj, 495, a. 
3Lcyypa0>7, 937, a. 
Zvyynaipels, 809, b. 
Hvvodog, 306, b. 
XvvoiKia, J37, b. 
EvvoiKia, 938, a. 
Sviupiu, 159, b. 
Vvvupis, 159, b ; 332, a 
Ztivraytxa, 100, a. 
Zvvrdleis, 935, a ; 957, a. 
"ZvvriXzia, 1011, b; 1012, a. 
Eui'TcAeTy, 1011, b. 
Y.vvQt,kji, 932, b. 
ILvvOnKwv TlaQaBdatm Si'kt}, 



Svvrpt^papYoi, 1011, b. 
Suovetauriiia. 604, b ; 846, a ; 
Superficiarius, 938, a. [897, a. 
Superficies, 938, a. 
Supernumerary, 12, b. 
Supparum, 894, a; 1024, b. 
Supparus, 1024, b. 
Supplicatio, 938, b. 
Supposititii, 477, a. 
Suprema, sc. Tempestas, 362, a. 
Surdus, 673, a; 960, b. 
Surgery, 241, a. 
Ttipiyl, 940, b. 
Tlvpfia, 941, a. 
*Sus, 938, b. 
"Evoiojvot, 306, a. 
Suspensura, 150, a. 
"Evooiria, 941, a. 
Yvoraots, 100, a. 
"ZvotvXos, 290, a. 
Sword, 478, a. 
♦Sycalis, 930, b. 
*Sycaminos, 930, b. 
*Syce, 930, b. 
*Sycomoros, 930, b. 
*Syenites Lapis, 931, b. 
*Symphyton, 933, b. 
Symposium, 938, b. 
Syndicus, 278, b. 
Synthesis, 940, a. 
Syrinx, 940, b. 
Syssitia, 941, a. 

T. 0. 

*Tabanus, 943, a. 

Tabella, 943, a. 

Tabellarice Leges, 943, a. 

Tabellarius. 943, b. 

Tabellio, 943, b. 

Taberna, 943, b. 

Tabernaculutn, 943, b ; 957, b. 

Tables, 633, a. 

Tablinum, 517, a. 

Tabulae, 944, a. 

Tabularii, 945, a. 

Tabularium, 945, a. 

Ta:da, 945, a. 

*Taenia, II., 945, b. 

Tay6s, 945, b. 

Tatvia, 928, b. 

TaiviStov, 928, b. 

TdXavra, 589, b. 

TdXavrov, 947, a. 

Talaria, 946, b. 

TdXapos, 188, a. 

TaXaaia, 953, a. 

TaXaaiovpyia, 953, a. 

Talassio, 625, b. 

Talentum, 947, a. 

Talio, 949, a. 

*Talpa, 949, a. 

Talus, 949, a. 

Tambourine, 1033, a. 

Taiiiag, 950, a. 

Taiutia, 621, a. 

*Tanus, 951, a. 

*Taos, 951, a. 

Tapes, 951, a. 

Tapete, 951, a. 

TdQot, 457, a. 

Taiftoonoioi, 412, b. 

Td<ppos, 1034, b. 

*Tarandus, 951, b. 

Tarentini Ludi, 602, a ; 603, a. 

Tarpeia Aternia Lex, 581, b. 

Tapp6g, 893, a. 

Tupaos, 319, b. 

Taurii Ludi, 602, a ; 603, a. 

*Taurus, 951, b. 

Taxes (Greek), 392, a; 956, a. 

Taxes (Roman), 1008, b; 1035,b 

Taltapxoi, 951, b. 

Talis, 952, a. 

"Taxus, 952, a. 

Tt'iSevvos, 985, a. • 

Tectores, 76, a ; 736, a. 

Teda, 945, a. 

Trjyavov, 854, b. 

Tegula, 952, a. 

Teixiov, 734, b. 

Teixo-oios, 953, a. 

Tela, 953, a. 

TtXap&v, 133, a. 

Telamones, 121, a. 

*Tclephion, 956, a- 

TcXeral, 652, a. 

+T«lis, 956, a. 

TeXoyvdpxiS, 956, a. 

TcXwvTiSi 956, a. 

TiXos, 909, b ; 956, b. 

Tifievos, 31, a ; 957, b ; 958, a. 

Temo, 331, b. 

Tpmnle, 957. h. 



Templum, 957, b. 
Temporalis Actio, 18, a. 
Temporis Pnescriptio, 804, b. 
Tensae, 971, b. 
*Tenthredo, 959, a. 
Tepidarium, 148, b 
*Terebinthus, 959. b. 
'Teredo, 959, b. 
Terentilia Lex, 586, a. 
Terentini Ludi, 602, a, 
Terminalia, 959, b. 
Termini, 501, a. 
Teruncius, 110, b; 349, a; 591, a 
Tessellarii, 715, a. 
Tessera, 959, b. 
Tesserula, 959, b. 
Testa, 441, a. 
Testament, 960, a. 
Testamentariae Leges, 586, a. 
Testamentifactio, 960, a. 
Testamentum, 960, a. 
Testator, 960, a. 
Testis, 671, b; 963. 
Testudo, 605, b ; 965, b. 
*Testudo, II., 966, a. 
TiQpnrrros, 332, b. 
TerpdSpax^/jiov, 381, a. 
TerpaXoyia, 993, b. 
Terpaopia, 332, b. 
Tetrarcha, 966, a. 
Tetrarches, 966, a. 
Terpaoxia, 945, b ; 966, a. 
Terpripeis, 891, U* 
*Tetrix, 966, a. 
Terp&SoXov, 381, a. 
TerrapaKovra, of, 450, b. 
*Tettigometra, 966, a. 
*Tettix, 966, b. 
*Teuthis, 966, b. 
*Teuthos, 966, b. 
*Teutlos, 966, b. 
Textores, 953, a. 
Textrices, 953, a. 
Textrinum, 953, a. 
Qatp6g, 215, a. 
QaXdfzioi, 893, a. 
QaXa/xiTai, 893, a. 
OnXafios, 515, a ; 893, a. 
*Thalassocrambe, 986, b. 
*Thalictron, 966, b. 
QaXXo<t>6poi, 723, b. 
QaXvaia, 966, b. 
edfxva, 1052, b. 
*Thapsia, 966, b. 
OdiTTeiv, 456, b. 
Thargelia, 966, b. 
QapyrjXiwv, 190, a. 
Theatre, 967, a. 
Qkarpov, 967, a. 
QearpwvTjs, 972, b. 
QcaTpoirtjXrjs, 972, b. 
Theatrum, 967, a. 
*Thebaicus Lapis, 971, a. 
Orjicai, 457, a. 
Theft, 270, a ; 463, a. 
*Theion, 971, a. 
*Thelycraneia, 971, a. 
*Thelypteris, 971, a. 
*Thelyphonon, 971, a. 
Thensae, 971, b. 
Theodosianus Codex, 273, t. 
QtoXoytlov, 969, b. 
Qzofydvia, 972, a. 
Qzwpia, 345, b ; 973, a. 
QtupiKd, 972, a. 
QzmpiSi 345, a. 
Qtwpoi, 345, a ; 973, a. 
Qeoiivta, 972, a. 
Qepa-rrda, 621, a. 
Therapeutica, 973, a. 
Qtpa-KevTiKoi, 733, a. 
Qepdirwv, 492, a. 
Theriaca, 975, a. 
Qrjpiotxdxou 157, a. 
Thermae, 143, a ; 152, a. 
Thermopolium, 202, a ; 226, b. 
*Thermos, 975. b. 
QrjcavpoL 376, a ; 958, b. 
Orjac'ia, 975, b. 
Thesmophoria, 976, a. 
6e<Jixo<&vXaK£s, 394, b. 
Qtcnodhai, 83, a . 84 a S62. -•< 
Qea/ids, 663, a. 
Qnova, 496, b : 619, a. 
Thessalian Constitution.945.b. 
QeoaaXoiKirai, 751. a. 
Orjres, 976, b. 
Qiaoos > 363, b ; 977, b. 
Qoivfi yapLiKt], 620, a. 
eoAi'o, 1061, b. 
e6Xos, 977, b. 
Q6u)Kos, 33, a. 
Thorax. 596. a. 



Quoal, 596, a. 
Thoria Lex, 977, b. 
*Thos, 9T8, a. 
Thraces, 477, a. 
Qpdviov, 978, b. 
Qpavirai, 893, a. 
Opdvos, 893, a. 
*Thraupis, 978, b. 
*Thraupalus, 978, b. 
Threces, 477, a. 
Threshold, 524, b. 
QprivipSoi, 456, a. 
*Thridacine, 978, b. 
*Thridax, 978, b. 
*Thrissa, 978, b. 
epi'S, 291, a. 
Thronus, 978, b. • 
OpvaXXlg, 397, b. 
Qvyarfip, 495, a. 
Qvyarpiiovs, 495, a. 
QvfiiXti, 968, b. 
QvfxiaTrjpwv, 1026, !>. 
Bvpa, 514, b ; 524, b. 

" aVXeios, 514, b ; 554, b 

" KrjTrata, 515, a; Hi, b 

" /iiiravXos, 514, b. 

" fiETavXos, 514, b. 
Svpeds, 860, b. 
Qvptrpov, 525, b. 
QvpiSes, 515, b. 
Qvpuiv, 515, a ; 527, b. 
Qvpwpeiov, 515, a: 527, U 
Ovpwpds, 514, b ; 527, b. 
*Thus, 979, a. 
Qvaavoi, 27, a; 443, b. 
Qvrrjotov, 76, b. 
*Thy'a, 979, a. 
*Thyites Lapis, 979, a. 
*Thymallus, 979, a. 
*Thymbra, 979, b. 
*Thymelaea, 979, b. 
♦Thymus, 979. b. 
*Thynnus, 979, b. 
Thyrsus, 980, a. 
Tiara, 980, b. 
Tiaras, 980, b. 
Tibia, 981, a. 
Tibicen, 981, b. 
Tibicinium, 981, a. 
TigniImmittendiServiti8,87i7,b 
*Tigris, 982, a. 
*Tiktoi XiQoi, 982, a. 
Tiles, Roofing, 952, a 
*Tilia, 982, a. 
Tt/t^v, 32, b. 
Ti/xaadai, 32, b. 
Tl/jLrjfxa, 982, a. 
Tintinnabulum, 983, b. 
*Tiphe, 984, a. 
Tirocinium, 984, b. 
Tiro, 984, b. 
TiOr)vi'Sia, 984, b. 
•Tithymallus, 984, b. 
Titia Lex, 586, b. 
Titienses, 743, a. 
Tities, 743, a. 
Titii Sodales, 985, a. 
Titulus, 460, b ; 588, b 
ToKoyXixboi, 545, a. 
T<foo?, J545, a. 
T6koi lyytioi, 545, a. 

" eyyvoi, 545, a. 

" vavTiKoi, 545, b. 
Toculliones, 545, a. 
Toga, 985, a. 

" Palmata. 985, b. 

" Picta, 987, a. 

" Praetexta, 532, a 987, a 

" Pulla, 987, a. 

" Virilis, 532, a ; Stf7, a. 
Togata Fabula, 300, b 
Togatus, 987, b. 
Toixupvxioii ~34, b. 
Toixwpyxos, 394, b ; '"34, b, 
ToixopvKTTfs, 734, b. 
To?xof, 734, b. 
Tomaculum, 167, b. 
Tombs, 457, b ; 458, t 491, * 
Tovoi, 572. a. 
Tonsor, 138, b. 
Tooth-powder, 349, b 
*Topazos, 987, b. ■ 
Toirela, 894, a. 
Topiaria Ars, 511, a. 
Topiarius, 511, b. 
Toralia, 990, a. 
Torch, 434, a- 
Torcular, 988, a. 
Torculum, 9»S, a. 
*Tordylion, 988, b. 
TopcvTiicf), 179, a. 
Tormentum, 893, b; 668, b. 
Torques, 989, b. 

1123 



GENERAL INDEX. 



1 arquis, 989, b. 
Tortor, 989. b. 
Torture, 139, b; 989, b. 
Torus, 906, b : 990, a. 
To^apxoi, 347, a. 
Tolevna, 847, a. 
Toxicum, 847, a. 
Totyv, 87, a. 
TotfTai, 347, a 
Trabea, 987, b. 
Traditio, 375, a. 
*Tragacantha, 990, a. 
*Tragion, 990, a. 
Tragedy (Greek), 990, a. 
Tragedy (Roman), 996, a. 
Tragoedia, 990, a. 
Tpa/woYa, 990, a. 
*Tragopogon, 997, a. 
*Tragoriganon, 997, a. 
*Tragos, 997, a. 
+Tragos, II., 997, a. 
Tragula, 490, a; 837, a. 
Tragum, 837, a. 
Traha, 997, b. 
Trama, 953, b. 
Tramoserica, 876, a. 
Transactio in Via, 18, b. 
Transfuga, 350, a. 
Transtillum, 606, b. 
Transtra, 893, a. 
Transvectio Equitum, 416, a ; 

418, a. 
TpdnsCflt, 633, a ; 457, b. 

" irpwrcu, 344, b. 

" dcvrepai, 344, b. 
Tpa-ze^oKonos, 344, a. 
Tpanetoiroios, 344, a. 
Todtirt, 892, b - 

Tpuvnaros (K irpovolas ypa<$>fi, 
Trebouia Lex, 586, b. [997, a. 
Tremissis, 129, b. 
Tressis, 111, a. 
Tresviri, 1019, a. 
TpiaK<i8es, 458, a. 
TpiaKovropos, 890, b. 
TpiaYfios, 751, b. 
Tplaiva, 464, b. 
Triarii, 997, a. 
Tnhes (Greek), 1001, b. 
Tribes tlloman), 1004, b. 
Tot66\og, 997, b. 
Tpjgwi/, 720, b. 
Tpi6<aviov, 720, b. 
r i'pi6u)vo<jf6poi, 720, b. 
Tnbula, 997, b. 
Tribulum, 997, b. 
Tribulus, 997, b. 
'Tribulus, 998, a. 
♦Tribulus, II., 998, a. 
Tribunal, 998, a. 
Tribunes, 998, a. 
Tribunieia Lex, 998, b. 
Tribunus, 998, a. 
Tribus (Greek), 1001, b. 
Tribus (Roman), 1004, b 
Tributa Comitia, 1005, a. 
Tributarii, 801, a. 
Tributona Actio, 884, a. 
Tributum, 1008, b. 
Tricae, 291, a. 
Tpi'^wjua, 291, a. 
Tpt'xtotrjs, 291, a. 
Triciinium, 1009, a. 
Tridens, 464, b. 
Triens, 110, b; 591, z. 
Tpirjpapxit*> 1010, a. 
Tpir'/oapxoiy 1010, a. 
Tpinpeis, 890, b. 
TpcripoTTOioi, 891, b. 
Tmerrjois, 681, b. 
Trifax, 989, a. 
Triga, 332, b. 
*Tngla, 1014, a. 
Trigon, 777, b, 
Ti-igi-aum, 853, a. 
Trilix, 955, a ; 956, a. 
Tpln/xa, 939, a ; 1054, 6. 
Trinepos, 277. b. 
Trimptis, 277, b. 
Trinum Nundinunr s 666, a. 
Trinundinum, 668, a. 
TpjwSoXoj', 1044, a. 
Triplicatio, 19, b. 
Tripod, 1014, b. 
*Tripolion, 1014, b 
Tripos, 1014, b. 
Tpiirrvxa, 944, a. 
Tripudium, 130, b. 
Triremes, 890, b ; 891, a. 
Tptra, 458, a. 
TpiTayu>vt(TTri$, 505, b. 
Tntavia, 277, b. 
I >24 



Tritavus, 277, b. 

*Triticum, 1015, b. 
Tptrrva, 846, a. 
Tptrrvs, 1003, a. 
TriumphaliaOrnamenta,1019,a 
Triumphalis Corona, 311, b. 
Triumnhus, 1015, b. 

"* Castrensis,1018,b. 
" Navalis, 1018, b. 

Triumviri, 1019, a. 

" Agro Dividundo, 1019, b. 

" Capitalis, 1019, a. 

u ColoniaeDeducendae,1019,b 

" Epulones, 414, a. 

" Equitum Turmas Recog- 
noscendi or Legendis Equi- 
tum Decuriis, 1019, b. 

" Mensarii, 634, a. 

" Monetales, 640, b. 

" Nocturni, 1019, b. 

" Reficiendis^dibus,1019,b 

" Reipublicae Constituendae, 
1019, b. 

" Sacris Conquirendis Do- 
nisque Persignandis, 1019, b. 

" Senatus Legendi, 1020, a. 
TpSx^os, 906, b. 
*Trochilus, 1020, a. 
Tpoxts, 331, b; 1020, a 
Trochus, 1020, a. 
*Troglodytes, 1020, a. 
Troja3 Ludus, 256, b. 
Tropaeum, 1020, a. 
Tpoiraiov, 1020, a 
Trophy, 1020, a 
Trossuli, 415, b 
Trousers, 171, a. 
Trua, 1021, a. 
Tpv6\lov, 318, b. 
TpvytpSia, 364, a. 
Tpvyw8oi, 364, a. 
Trulla, 1021, a. 
Trullissatio, 736, a. 
Trumpet, 180, a ; 595, a; 1022,b. 
TpvrdvT}, 1021, a. 
Trutina, 1021, a. 
*Trygon, 1.,-IL, 1021, b. 
Tuba, 1021, b. 
Tubilustrium, 830, b. 
Tu'xeu TzoXeuiv, 921, b. 
TvXri, 572, a. 
TvXetov, 572, a. 
Tullia Lex de Ambitu, 46, b. 
Tullia Lex de Legatione Libe- 
ra, 576, b. 
Tullianum, 213, b; 450, b. 
Tumblers, 325, a. 
Tvtfos, 457, a. 
Tumultuarii, 1022, b. 
Tumultus, 1022, b. 
Tunica, 1022, b. 
Tunicati, 1025, a. 
TuTTOf, 449, b. 
Tvpavvos, 1025, a. 
TvpavvlSos ypa<f>fi, 811. 
Tunbulum, 1026, b. 
Turma, 104, a; 418, a. 
Turricula, 452, b. 
Turris, 1027, a. 
Tvpms, 1027, a. 
Tutela, 1028, b. 
Tutelar Actio, 1030, a. 
Tutor, 1028, b. 
Tutulus, 1031, b. 
Twelve Tables, 1031, b. 
Tympanum, 1033, a. 
*Tymphaica Terra, 1025, a. 
*Typhe, 1025, a. 

U. V. 

Vacantia Bona, 165, a. 
Vacatio, 102, b ; 399, fc. 
*Vaccinium, 1033, b. 
Vadimonium, Vas, 18, b ; 804, b. 
Vagina, 478, a. 
Valeriae Leges, 1033, b. 
Valeriae etHoratiaeLeges,1034,a 
Valeria Lex, 1034, a. 
Vallaris Corona, 311, a. 
Vallum, 1034, a. 
Vallus, 1034, a, b. 
Valvae, 525, b. 
Vannus, 1034, b. 
Vappa, 1053, b. 
Varia Lex, 609, b. 
Vas, 804, b. 
Vase-painting, 705, b. 
Vatinia Lex, 586, b. 
Udo, 1035, a. 
Vectigalia, 1035, a. 
Vectigalis Ager, 38, a; 401, a. 
Vehes, 1036, a. 



Veil, 1037, a. 
Velamen, 1037, a. 
Velarium, 1036, b. 
Velati, 1036, a. 
Velites, 104, a ; 489, a. 
Velleianum Senatus Consult- 

um, 542, a. 
Velum, 893, b ; 1036, a. 
Venabulum, 1037, a. 
Venaliciarii, 886, a. 
Venatio, 1037, a. 
Venditio, 403, a. 
Venefica, 1039, b. 
Veneficium, 1038, b. 
Veneficus, 1039, b. 
Ventilabrum, 716, a. 
Ver Sacrum, 1039, b. 
Verbena, 848, a. 
Verbenarius, 437, b. 
Verna, 884, b ; 886, b. 
Verso in Rem Actio, 884, a. 
Versura, 547, a. 
Veru, 489, b. 
Verutum, 489, b. 
Vespae, 459, b. 
Vespillones, 459, b. 
Vestales, 1039, b. 
Vestibulum, 516, b ; 527, a. 
Vesticeps, 532, a. 
Veteranus, 984, b. 
Veteratores, 886, b. 
Vexillarii, 103, a; 897, a. 
Vexillum, 897, a. 
Viae, 1041, b; 1045. 
Vise Servitus, 879, a. 
Viaria Lex, 586, b ; 1043, b. 
Viaticum, 1045, b. 
Viator, 1045, b. 
Vicarii Servi, 884, a. 
Victima, 845, b. 
Vicesima, 1046, a, 
Vicesimaria Lex, 1046, a. 
Vicesimarii, 1046, a. 
*Vicia, 1046, a. 
Vico Magistri, 1046, a. 
Vicus, 1046, a. 
Victoriatus, 349, a. 
Vigiles, 106, a ; 803, a. 
Vigiliae, 222, b. 
Vigintisexviri, 1046, b. 
Vigintiviri, 1046, b. 
Villa, 1046, b. 
Villia Annalis Lex, 25, b. 
Villicus, 1047, b. 
Vinalia, 1048, a. 
Vindemialis Feria, 437, a. 
Vindex, 18, b ; 617, a. 
Vindicatio, 1048, a. 
Vindiciae, 1048, b. 
Vindicta, 615, b ; 1048. 
Vindicta, 1049, b. 
Vinea, 1050, a. 
Vinegar, 1053, b. 
Vinum, 1050, b. 
Viocuri, 830, a. 
*Viola, 1057, b. 
Virga, 1057, b. 
Virgines Vestales, 1039, a. 
Virgula, 1057, b. 
Virgo Maxima, 1040, b. 
Viridarium, 511, a. 
Virilis Pars, 747, a. 
Virilis Toga, 532, a ; 987, b. 
Vis, 1058, a. 

Vis et Vis Armata, 1058, a. 
Visceratio, 462, b. 
*Viscum, 1058, a. 
Vitelliani, 944, b. 
Vitis, 231, b. 
*Vitis, 1058, a. 
Vitrearii, 1059, a. 
Vitricus, 31, a. 
Vitrum, 1053, a. 
Vitta, Vittte, 1060, b. 
Vittata Sacerdos, 1061, a. 
*Ulmus, 1061, a. 
Ulna, 762, b. 
*Ulva, 1061, b. 
Umbella, 1061, b. 
Umbilicus, 588, b. 
Umbo, 268, b ; 737, a ; 986, b. 
Umbraculum, 1061, b. 
Uncia, 1062, a. 
Unciarium Fenus, 547, a. 
Unctores, 148, b. 
Unctuarium, 44, a ; 148, b. 
Unguenta, 1062, a ; 1054, a. 
Unguentaria, 1062, b. 
Unguentariae, 1062, b. 
Unguentarii, 1062, b. 
Universitas, 1063, a. 
Vocatio in Jus, 18, a. 



Voconia Lex, 1064, b 
Volones, 1065, a. 
Volsellae, 139, a. 
Volumen, 588, b. 
Voluntarii, 1065, a. 
Vomitona, 53, K 
Voting (Greek), 239, a; 618. t 
Voting (Roman), 931, b: &»a.« 
Uragus, 104, a. 
*Uranosccpus, 1064, b. 
Urna, 889, b; 901, a; 1C«5, k 
Urna (feralis), 460, b 
Urpex, 549, b. 
*Urus, 1064, b. 
Ustrina, 460, a. 
Ustrinum, 460, a. 
Usucapio, 1065, b. 
Usura, 546, b. 
Usurers, 545, a. 
Usurpatio, 1068, b. 
Usus, 623, a ; 1068. b. 
Ususfructus, 1068, b 
Uterini, 277, b. 
Uti Possidetis, 543, b 
Utilis Actio, 17, a, b. 
Utres, 1053, a. 
Utricularius, 981, a. 
•Utrubi, 543, b. 
Vulcanalia, 1070, a. 
Vulgares, 887, a. 
*Vulpes, 1065, b. 
Uxor, 623, a. 
Uxorium, 1070, a 

W. 
Wall, 520, b ; 734, b. 
Weaving, 953, a. 
Wheel, 331, b ; 439, a ; 1033, • 
Whip, 445, a. 
Wig, 293, a. 
Wills, 960, a. 
Window, 515, b ; 520, b. 
Wine, 1050, b. 
Witnesses (Greek), 625, a. 
Witnesses (Roman), 6^1, * 
Wrestling, 716, a, "o 

X. H 

*Xanthe, 1070, a. 
*Xanthion, 1070, a. 
*Xanthobalanus, 1070, ». 
Eevavot, 1.070, a. 
s.£VT]\aaia, 1070, b. 
s.£v(a, 511. b. 
"Eeviag ypa<pr% 1070, b 
s.£viKa, 636, b. 
"ELtviKdv, 1071, a. 
Eevwj/ff, 512, a ; 515, 1> 
"Eevos, 512, a. 
Eftrrj/?, 1072, a, 
*Xiphias, 1072, o. 
+ Xiphion, 1072, b. 
E(0os, 478, a. 
Erfavov, 913, a, b. 
s.v\oKoiria, 464, b 
Euffrdpxos, 483, a 
EuCTDjp, 832, a. 
Euard?, 482, a. 
Eiiarpa, 599, a. 
*Xyns, 1072, b. 
Xystarchus, 483, a. 
Xystus, 482, a; 511, a. 

y. 

Year (Greek), 190, a. 
Year (Roman), 191 a 
Yoke, 554, b. 

Z. 

Zdicopoi, 1072, b. 
*Zeia, 1072,_b. 
ZrjTijTai, 1073, a. 
Zevylrai, 229, b. 
*Zingiberis, 1073, a 
Zu)ypa<Peiv, 700, a. 
Zwypacpia. 699, b. 
Z&fxa, 1073, a. 
Zona, 1073, a. 
Zdoviov, 1073, b. 
ZtovioiikoKcsi 107?, a 
Zonula, 1073, b. 
*Zoophyta, 1074, a 
Zophorus, 61, a. 
Zuxrr/jp, 1073, a. 
Zvyd, 893, a. 
Zvyioi, 893, a. 
Zuyirai, 554, b ; K)B, a 
Zvyov, 554, b ; 60C b ; 851, ft 
Zvyos, 554, b. 
Ztiflos, 233, b. 
*Zygaena, 1074, b. 
*Zygia, 1074, b. 
*Zythu8, 1074, b 



TIJF END 



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